Despite repeated statements touting openness and transparency, Attorney General Mike Cox is refusing to unseal his more than seven hours of testimony in the case brought by Tamara Greene’s family.  Greene was one of the strippers alleged to have danced at the rumored Manoogian Mansion party given by Detroit Mayer Kwame Kilpatrick and was later murdered in a drive-by shooting.  Her family claims in their lawsuit that her assault at the party by the mayor’s wife and her murder were covered up by Kilpatrick and the Detroit Police.

Mike Cox testified in this lawsuit in late 2009 and early 2010 because of his role in investigating the alleged party.  Despite previous statements that he would make his testimony public, Cox has made no move to make those transcripts available and as a result several media outlets filed a joint motion to unseal his testimony.

In response to this motion Judge Gerald Rosen said that he was reluctant to unseal the Cox deposition, but stated that if Cox wanted it unsealed, he could file a motion to do so.  

In his written order, Judge Rosen directed Cox at least SEVEN times that the request to unseal his testimony needs to come from Cox himself:

p. 14:  “As the Court stated at a November 2009 hearing addressing the then-upcoming deposition of Michigan Attorney General Mike Cox and other law enforcement witnesses: Initially I will seal his deposition…. If either party wants the deposition unsealed or if the Attorney General wants it unsealed, I’ll entertain a motion to unseal either all or part of it.”

p. 15:  Again, the parties and no-party deponents were reminded that they could move to unseal this deposition testimony…but no such motion has been brought to date.”

pp 37-38  “The remedy for any resulting over breadth in protective measures, of course, is a motion to unseal the discovery materials at issue. Indeed, the Court made this very point at the November 10, 2009 hearing. Tellingly, no party or witness has brought such a motion to date…”

P. 42  “The Free Press insists, however, that any such privacy interests that the Attorney General might claim should be given minimal weight, if not deemed altogether abandoned, in light of the Attorney General’s ‘highly publicized’ “Media Blitz” just before he was deposed, as well as his public expressions of his desire for him deposition testimony to be made public. Yet, if a party or witness wishes the court to revisit its decision to keep particular discovery materials under seal, such relief may be sought through a properly filed motion. Indeed, as indicated earlier, the Court has expressly stated a public hearing in this case that if a party or witness sought to unseal a disposition, such a request could be made by motion.”

pp. 42-43:  “The Court should not, and will not search through newspaper articles or public statements to determine whether such relief has been ‘requested.’ Simply stated, no such motion has yet been filed by any party or witness.”

pp. 43-44: ” Neither has the Court had an occasion to undertake such an inquiry, for the simple reason that, once again, no party or witness has moved to unseal the deposition.”

p. 46 n.28: “… the Court once again emphasizes that neither the Attorney General or any other witness or party has moved to lift the seal on any portion of this (or any other) deposition testimony.”

Mike Cox still has not taken the simple step of  asking the judge to unseal his testimony.  Meanwhile he claims he has nothing to hide.  

Really?

We can only conclude that his testimony must be so damaging that Cox is willing to risk the public backlash over keeping it sealed.   Michigan deserves to know the truth, especially about a candidate for Governor.