Last Updated: September 14. 2010 1:00AM
City asks to seal motion to dismiss stripper suit
Lawyers say public files would compromise murder investigation
Robert Snell / The Detroit News

Detroit --The city wants to keep secret its motion to dismiss a civil lawsuit filed by the family of an exotic dancer, arguing that doing otherwise would identify her killer and jeopardize the safety of an informant.

The city is expected on Wednesday to ask Chief U.S. District Judge Gerald E. Rosen to dismiss a lawsuit brought by the family of Tamara "Strawberry" Greene, who allegedly performed at a rumored 2002 party at the Manoogian Mansion. On Monday, city attorneys asked for that motion to be sealed.

"To demonstrate the lack of causal nexus between Greene's death and the rumored Manoogian party, the city must detail the factual evidence which identifies her killer, including that originating with an informant," city lawyer John Schapka wrote in a federal court filing Monday.

The motion argued that making the motion public would "materially compromise any ongoing investigation into Greene's death, and jeopardize the life [[of) an informant."

But Monday afternoon, the city filed amended paperwork that deleted any reference to an informant and killer. Instead, the motion referred to "evidence concerning her death."

Detroit Police Sgt. Eren Stephens would not comment on whether the department has identified Greene's killer, saying it's "an ongoing investigation."

Greene's family is suing ex-Mayor Kwame Kilpatrick and other officials, claiming the Detroit police investigation into Greene's 2003 drive-by shooting death was quashed.

Schapka could not be reached for comment. An attorney for the family, Kirkland Garey, declined comment but filed a motion Monday asking the judge to deny the motion.

The city doesn't need to prove who killed Greene to get the suit dismissed, but it could help, said Peter Henning, a law professor at Wayne State University.

"If the killing was so far removed [[from the party) and if there is a reason for not investigating it further, it undermines her family's case," Henning said.

One suspect in Greene's killing has surfaced. Retired Detroit police homicide investigator Mike Carlisle testified in an unrelated case he has strong but circumstantial evidence that Darrett King shot Greene on April 30, 2003. King, who admitted knowing and arguing with Greene and her companion when she was shot, was sentenced last year to 19-30 years for unrelated crimes.

Rosen has ordered some of the filings in the suit sealed, but wrote in a May order that from now on, "the parties will have to meet a heightened standard of scrutiny and stronger presumption of public access if they wish to file discovery materials under seal."


From The Detroit News: http://www.detnews.com/article/20100...#ixzz0zV4Oy3In