DETROIT (WWJ) – U.S. District Court Judge Gerald Rosen has adjourned a hearing into the lawsuit filed by the family of Tamara Greene, without issuing an opinion as to whether the suit will go to trial.
Wednesday, oral arguments were heard from attorneys on behalf of Greene’s children, and the City of Detroit, as well as former Mayor Kwame Kilpatrick.
The suit claims city officials and police officials interfered with an investigation into the 2003 shooting death of the 27-year-old exotic dancer, who was at the center of a rumored but never proven party at the Manoogian Mansion when Kilpatrick was Mayor.
The city and Kilpatrick have denied the claims.
Attorney Norman Yatooma, who represents Greene’s family believes the lawsuit will go to trial, even without physical evidence.
“The judge has a lot of work ahead of him,” said Yatooma. ”It’s a big decision as he indicated, it’s a very complex case. It’s an interesting and complicated body of law.”
“We don’t have text messages here that demonstrate tha Kwame Kilpatrick thwarted the murder investigation. We don’t have hidden video footage of Kwame Kilpatrick at the shredder and we don’t have the clandestine recording of Kwame giving someone instruction, but you’re not required to have that,” Yatooma said.
WWJ Legal Analyst Charlie Langton said Greene’s family is making the leap that if evidence was destroyed as determined earlier by a magistrate, their constitutional rights were affected. He said judge could still throw out the case and impose sanctions or fines against the city for destroying evidence.
If the case does go forward, Langton said it’s likely the city will settle.