Tamara Green transcripts released

For those that can’t get enough of He Whose Name We Have Vowed Not To Mention In 2012 – okay, that’s probably not going to happen – Kwame Kilpatrick, the Detroit Free Press has obtained and released the unsealed transcripts from the Tamara Green lawsuit.

The Freep focused its early attention on a “testy back-and-forth” between the Green family’s attorney, Norman Yatooma, and Kilpatrick’s attorney, Jim Thomas:

After a testy back-and-forth, Kilpatrick lawyer Jim Thomas summed it up with: “Point your finger at me again, and I’m going to break it off and shove it up your (expletive).”

Norman Yatooma, representing Greene’s family, responded: “Do that. Do that now, Mr. Thomas. Come here now, break off my finger and shove it up my (expletive).”

“Thank you for the invitation. Ask (Kilpatrick) a question,” Thomas said.

I’ve seen worse. I’m sure you have as well.

As had been reported before, not all of the deposition transcripts have been unsealed. U.S. District Court Judge Gerald Rosen opted to keep the testimony of former attorney general Mike Cox, Kilpatrick’s wife, Carlita, and former Kilpatrick Chief-of-Staff Christine Beatty sealed.

The rest, however, are out there, and paint a picture of the police department’s strange handling of the case.

Although many of the officers were disturbed by how the murder probe was handled, Rosen said there was no evidence that the case was derailed.

Sgt. Marian Stevenson, the homicide detective initially assigned to the investigation, testified that the case was taken away from her after six months and that she was transferred to the 9th Precinct — what she described as the punishment precinct. …

Former homicide Inspector William Rice, whom Greene’s family hired to review the homicide file in 2010, said in a confidential report that the murder probe was reassigned to different investigators so often and there was so much meddling from higher-ups, the investigation lacked continuity and an investigation strategy.

In all, much of the released testimony details strange procedural steps taken by the Detroit Police Department and Cox, who, one State Police investigator said, interviewed Kilpatrick without police and criticized the work of the police investigating the allegations against Kilpatrick.

Have a few hours to kill? You can read all of the released documents online at the Freep’s website.

USDC to unseal Tamara Green lawsuit docs

For local conspiracy theorists, Christmas is coming early this year, as U.S. District Court Judge Gerald Rosen said he’s unsealing some of the documents from the Tamara Green case. [Detroit Free Press].

The court will release the transcripts of former Detroit mayor Kwame Kilpatrick, two former police chiefs and other police executives.

Of course, “Christmas” won’t be as sweet as they might expect as several deposition transcripts will remain sealed, including those of former attorney general Mike Cox, who once famously declared the rumored Manoogian Mansion party that allegedly led to Green’s murder to be an urban legend. Others whose transcripts will remain sealed are former Kilpatrick chief-of-staff Christine Beatty, former city law department head Ruth Carter, Kilpatrick’s wife, Carlita, and two former Kilpatrick bodyguards.

Andrew Shirvell fired from AG’s office.

Our national state nightmare is over. OK, so that overstates it a little (or a lot). From the AP:

LANSING, Mich. (AP) — A lawyer for an assistant state attorney general accused of harassing the gay student assembly president at the University of Michigan has been fired.

Philip Thomas says Andrew Shirvell was fired Monday.

Shirvell was at a disciplinary hearing Monday at the Michigan attorney general’s office related to the issue.

The attorney general’s office is declining immediate comment.

Shirvell went on a leave about a month ago after national criticism erupted over a blog he wrote characterizing student leader Chris Armstrong as a "racist" and "liar" who promoted a "radical homosexual agenda."

Thomas has said Shirvell’s actions were constitutionally protected as free speech.

No idea what we’re talking about? Here’s our original post, then the time he showed up on Anderson Cooper, when Mike Cox said he wouldn’t be fired, and when he inexplicably showed up on “The Daily Show” thinking it was a serious interview.

DOJ, State files anti-trust suit against Blue Cross

WASHINGTON (AP) — The Justice Department alleged Monday in a lawsuit that Michigan Blue Cross Blue Shield is discouraging competition by engaging in practices that raise hospital prices, conduct an assistant attorney general vowed to challenge anywhere else it is found in the United States.

The suit targets "most favored nation" clauses between Michigan Blue Cross Blue Shield and health care providers which, according to the government, essentially guarantee that no competing health care plan can obtain a better rate.

Michigan Blue Cross Blue Shield has most-favored-nation clauses or similar language in contracts with at least 70 of 131 general acute care hospitals in the state, the government alleges.

The lawsuit said that Michigan Blue Cross Blue Shield intended to raise hospital costs for competing health care plans and reduce competition for the sale of health insurance.

"As a result, consumers in Michigan are paying more for their health care services and health insurance," Assistant Attorney General Christine Varney, who runs the Justice Department’s antitrust division, told reporters.

In some instances, the lawsuit states, Blue Cross has raised the prices it pays for hospital services in exchange for obtaining most-favored-nation clauses that raise the minimum prices hospitals can charge to Blue Cross competitors.

The state of Michigan joined the Justice Department in the case filed in federal court in Detroit.

In response, Michigan Blue Cross Blue Shield said the lawsuit is seeking to restrict the nonprofit company’s ability to provide the most deeply discounted rates from Michigan hospitals. The company said that negotiated hospital discounts are a tool that Blue Cross uses to protect the affordability of health insurance for millions of Michigan residents.

"Our hospital discounts are a vital part of our statutory mission to provide Michigan residents with statewide access to health care at a reasonable cost," the company said.

The lawsuit outlines two types of most-favored-nation clauses requiring a hospital to provide services to Blue Cross competitors either at higher prices than Blue Cross pays or at prices no less than Blue Cross pays.

In alleging violations of the Sherman Act and the Michigan Antitrust Reform Act, the government said that under the "MFN-plus" clause, Blue Cross negotiated agreements requiring 22 hospitals to charge some or all other commercial insurers more than the hospital charges Blue Cross. Under the other clause, Blue Cross has agreements requiring more than 40 small, community hospitals to charge other commercial health insurers at least as much as they charge Blue Cross.

Varney declined to say whether the Justice Department has open inquiries in other states of most-favored-nation clauses, which are not illegal unless they stifle competition.

Asst. AG (Anti-Gay) III: Cox explains decision to keep Shirvell

[In case you missed them: Part I/Part II]

The saga of Andrew Shirvell and his vendetta against a college student continues, as his boss, Michigan Attorney General Mike Cox, appeared on CNN’s Anderson Cooper 360 to explain his decision not to fire Shirvell. [Video of the interview at the link]

While Cox didn’t exactly defend Shirvell, calling him a bully, he said Shirvell has the right to publish the things he did under the First Amendment.

Democratic candidate for AG David Leyton has called for his Republican counterpart, Bill Schuette, to join him in calling for Shirvell to be fired.

UPDATE: From the Detroit News, Cox has now suspended Shirvell.

Attorney General Mike Cox changed his stance Thursday, suspending Andrew Shirvell after the assistant attorney general attracted national attention for a controversial blog that ridicules and denounces a University of Michigan student leader for his gay advocacy, religious beliefs and character.

The suspension came a day after Cox told CNN he didn’t intend to fire Shirvell, citing civil service rules that protect government employees from being "fired willy-nilly" for exercising their rights of free speech.

UPDATE II: From the Michigan Daily, the AG’s office says Shirvell took a leave of absence on his own accord.

Assistant AG Has Vendetta Against College Student

Sometimes, we get to report inspirational stories about ordinary people who rise up to fight against seemingly insurmountable opposition and succeed.

This is not one of those stories.

In fact, it’s quite the opposite: what happens when a person who rises to a prestigious position become obsessed with someone far below them that it exposes what a sad and pathetic person they are. Like when an assistant attorney general makes it his duty to take down a college student body president.

As The Detroit News reported today, Michigan Attorney General Mike Cox rebuked assistant AG Andrew Shirvell for statements made on his blog against University of Michigan student body president Chris Armstrong. (Long story short: Shirvell doesn’t like Armstrong because he’s gay.)

“All state employees have a right to free speech outside working hours,” Cox said in a statement issued Wednesday. “But (Andrew) Shirvell’s immaturity and lack of judgment outside the office are clear.”

The name of Shirvell’s blog? Chris Armstrong Watch. Yes, an assistant attorney general, one of the state’s top prosecutors, has started a blog solely for the purpose of attacking a college student. A grown man, going after a college student. No one says he doesn’t have the right to do it, but that makes it no less sad and pathetic.

Sample posting:

BOMBSHELL: Ann Arbor Police Raid Chris Armstrong’s Out-of-Control ‘Gay Rush’ Welcome Week Party

Summary: A house full of college students had a party that went late (after 1 am) and the police were called because it was late, loud and the students were hanging outside in the yards. THIS HAS NEVER HAPPENED BEFORE ON A COLLEGE CAMPUS! EVER!

I wonder how the police were tipped off to this mayhem. Could have been the same guy who was aghast that the party was even planned to begin with:

OUTRAGE ALERT: Armstrong Invites U of M Freshmen to Join the Homosexual Lifestyle

And probably the same guy who just so happened to be present to take a video of the police arrival? You know, the guy whose YouTube handle is “AntiArmstrong.” (Just one video posted. Ever.) I don’t know whose page that is but I’d bet money his initials are “A.S.”

Shirvell was disappointed to report in the post that “it’s not clear whether the police issued any minor in possession (MIP) citations…” Because the police often go to parties with rampant mayhem and don’t even issue MIP citations.

He actually resorts to Facebook-stalking Armstrong and his friends comments, posting screenshots of each. (What’s interesting is that, for most Facebook pages, you cannot see a person’s postings without friending them. Yet Shirvell has screenshots of Armstrong’s and several of his friends’ pages as evidence. Could it be that Shirvell has resorted to making a fake Facebook page in order to spy on college students? I sure hope not.)

And it’s rampant Facebook-stalking. One thing is certain: that he knows way too much about the goings on of Armstrong and his friends. Such as:

Fresh off a three-week European vacation, MSA Business Representative Serwer, pictured above with police, was asked to produce identification, which he eventually complied with only after he went back inside the house to find it.

OMG! Serwer DIDN’T HAVE HIS ID ON HIM! Someone ready the electric chair. He also knows that Armstrong attended last weekend’s Lady Gaga concert.

He outs as homosexuals other people with whom Armstrong is associated, armed with photographic evidence of a hug between the two which, “in a light more favorable to the nonmoving party” appears to be a joke of sorts.

He even trashes the parenting of  the mother of one of Armstrong’s friends for *gasp* taking her of-age son to Soaring Eagle Casino! He also discovered a fact that certainly must result in the mother’s parental rights being terminated: she makes a joke about her son having a fake ID!

The situation should put Cox into a tizzy. While he’s issued a “rebuke,” the AG’s office has said it will not comment further. This is pretty sad for an office that lauds its fight against cyberbullying. From the AG’s offices own document, titled “A Parent’s Guide to Cyberbullying”:

A cyberbully is someone who uses technology to harass, embarrass, intimidate, or stalk someone else.

The methods a cyberbully could use to harass the victim include the following:

• posting of secrets or embarrassing information, including pictures, for everyone to see

• posting of gossip or rumors for the explicit purpose of damaging the person’s reputation

• distribution of messages pretending to be the victim in an attempt to damage that person’s friendships

• alienation of the victim from online groups.

And I’d say this is a pretty textbook example.

Keeping Up With The Candidates, Auf Wiedersehen Edition*

* My wife is a Project Runway junkie, which means that on Thursday nights, I get to fall asleep to the sound of Heidi Klum playing off the most recent loser with a soft “auf wiedersehen.” There are worse ways to fade off into dreamland.

At long last, the herd has been thinned and we now know from which two candidates we will select our next governor: Will it be Ann Arbor businessman Rick Snyder or Lansing mayor Virg Bernero?

Both men began the campaign as underdogs. Snyder distanced himself any impression that he’s another Dick DeVos “android” candidate by showing he has a personality in a Super Bowl ad proudly declaring he’s a nerd. Bernero was the scrappy unknown who made a late surge by appealing to the unions, as his opponent, Andy Dillon, appealed to the moderates with pro-life beliefs and . Both men trailed in polls as recently as a week ago.

So what happened? It turned out that Dillon was not really running against Bernero and Snyder was not really running against Pete Hoekstra or Mike Cox. Dillon and Snyder were running against each other, and Snyder won, as independents and moderate Democrats flocked to Snyder, leaving Dillon without the people he counted on. By simply holding onto the true blue Democratic rank & file, Bernero breezed to a comfortable victory. [Dillon didn’t win Wayne, Oakland, Macomb, Ingham, Kent, Midland, Kalamazoo, Calhoun, Saginaw or Genesee counties].

For Snyder, he did pretty well even in places he wasn’t expected to do so. In Kent County, which was expected to be the key to a Hoekstra win, Snyder finished only about 10,000 votes behind Hoekstra. Snyder beat Hoekstra in Wayne and Oakland Counties by 20,000 votes each. Hoekstra finished third in both Wayne and Oakland to Mike Cox and Mike Bouchard, respectively. Also, Snyder about doubled everybody in Macomb County. [All counts via Michigan Secretary of State].

So we say ‘auf wiedersehen’ to the campaigns for Pete Hoekstra, Mike Cox, Mike Bouchard, Dr. Tom George, and Andy Dillon.  It will be interesting to see where they wind up. Bouchard is still the Oakland County Sheriff and will be into the future. But Hoekstra gave up his congressional gig and George, Dillon and Cox were term limited. But fear not for these gentlemen. I doubt they’ll be calling MARVIN for long.

But not all of the races are decided. In the race to replace U.S. Rep. Bart Stupak, who is stepping down, GOP challengers Dan Benishek beat Jason Allen by 1 vote. (We finally have our example to show anyone who says their vote won’t matter!) The results won’t be certified until August 23, when, obviously, a recount will be required. The recount could drag on for weeks, which could potentially hurt the GOP’s chances to win in a race that the national party has undoubtedly targeted as an opportunity to pick up a seat in Congress. The question is whether the Republican National Committee will step in and offer either Allen or Benishek a lovely parting gift, such as a sweet job somewhere. If Bush were still president, I’d expect Allen would be named Assistant to the Undersecretary of the Interior next week. But he’s not, so who knows if that’s even an attractive option.

And with that, Keeping Up With The Candidates will be taking a hiatus for a month or so.

Keeping Up With The Candidates, Primary Edition

Just five days to go until Tuesday’s primary, and things have not settled.

Not that anything happened, like one of the perceived leaders of the GOP race being accused of being present and participating in the “legend”ary Manoogian mansion party by someone willing to put his name on it. Mike Cox still denies there ever was a party, and has attacked the affiant, a biker who said he was working security for the affair, by saying he has a rap sheet. (A biker with a rap sheet?! What’s this world coming to!!*) Then he questioned the timing of it. Then he compared himself to Shaquille O’Neal. Each time, the defense gets bolder. The tin hats may have switched sides.

* Sons of Anarchy on FX! Best show on TV not involving the 1960s advertising industry!

As for the campaigns, for weeks now, polling has been so scattershot that many weeks, I’ve opted to not even link to it. The one thing that had been consistent, for the most part, was Andy Dillon’s lead in the Democratic race. Note I said “was.”

This week, the Detroit Free Press and four TV stations commissioned a poll that showed that Lansing mayor Virg Bernero has not only pulled ahead, but may be pulling away. Things seem somewhat bleak for Dillon’s campaign, as Michigan political guru Bill Ballanger of Inside Michigan Politics told Frank Beckman on WJR-AM Bernero will win unless Dillon makes a dramatic push. Considering Bernaro’s campaign appears to be low on cash, it’s not an impossible scenario.

The latest poll shows Bernero with an eight point lead over Dillon, 40-28, with 32 percent undecided. Of course, two weeks ago, polling showed Dillon with a 20 point lead, so perhaps we should just wait and see what happens on Tuesday.

MLive asked both candidates for ideas on fixing Michigan’s economy/tax system. Bernero said he wants to create a state bank of Michigan that will loan money to small businesses. Dillon wants to create a coalition of business, labor, teachers and health care industry leaders to create a better tax policy.

On the GOP side, all of the candidates are making their final appeals to potential voters, who appear to not really care that much. Secretary of State and Mike Bouchard running mate Terri Lynn Land expects that only about 1.7 people will actually go to the polls on Tuesday, or, about 23 percent of registered voters. Cox expects only about 700,000 people to vote in the GOP primary.

As the final ads roll out, Pete Hoekstra is fed up with what he calls “factually incorrect attack ads”:

“Attorney General Mike Cox and his special-interest allies will stop at nothing to mislead voters and falsely attack Pete Hoekstra’s record,” said spokesman John Truscott. “Mike Cox should immediately call on these shadowy third-party groups to end these false attack ads and start being honest with the voters of Michigan.”

In May, he successfully convinced three west Michigan stations to drop ads run by “Americans With Job Security” after he showed the ads made false claims. The most recent ad, run by Michigan Business United, said Hoekstra is “absent on right to life” among other things. Not surprisingly, Cox spokesman Nick DeLeeuw denied the campaign’s involvement.

New endorsements this week go to Rick Snyder, who won the public support of Ford board chairman Bill Ford Jr., Hoekstra and Andy Dillon. The latter two were endorsed by The Grand Rapids Press.

Finally, both Detroit papers are pumping out informational stories designed to help We, The Voters, decide based on the issues. (Ha! Like any election is ever won on the issues!) If something doesn’t appear for one candidate but does for the other, it’s either because the Freep hasn’t run the Democratic analyses yet, or I couldn’t find Pete Hoekstra’s Detroit News Q&A through the paper’s awful search function which doesn’t rank articles in chronological order.

Andy Dillon: Positions (Freep)/ Q&A (News)

Virg Bernero: Positions (Freep)/ Q&A (News)

Rick Snyder: Positions (Freep)/ Q&A (News)/Analysis (Freep)

Mike Cox: Positions (Freep)/ Q&A (News)/ Analysis (Freep)

Pete Hoekstra: Positions (Freep)/ Analysis (Freep)

Mike Bouchard: Positions (Freep)/ Q&A (News)/ Analysis (Freep)

Dr. Tom George: Positions (Freep)/ Q&A (News)/ Analysis (Freep)

The story just gets stranger

Those who have been watching as Birmingham attorney Norman Yatoomah continues on his quest to prove that the Detroit Police Department botched the investigation of the murder of Tamara Greene, the story just continues to climb the weirdness scale.

He’s got a witness, the first to say under oath, that a fabled party (where Greene is said to have danced) at the Manoogian Mansion not only occurred, but that the guest list was impressive, and he even saw Attorney General Mike Cox get a lap dance. But the witness, Wilson Kay Jr.,  it turns out, has not always been the most upstanding guy, and has a criminal record which casts doubt on his credibility.

The Free Press reports here.

Keeping Up With The Candidates, July 23

We’re about a week and a half from the primaries, which means that you won’t get through an episode of “Wheel of Fortune” without seeing an ad supporting/attacking somebody.

As I mentioned last week, the polls this primary season have fluctuated so much throughout the campaign that it’s hard to put much stock into them, even this close to the election. Just last week, House Speaker and Democratic candidate Andy Dillon was sporting a 20 point lead. In a poll done this week by the Detroit News and WDIV-TV, Dillon only leads 34.3 percent to 25.1 percent over Lansing mayor Virg Bernero. Dillon actually lost .7 of a point while Bernero gained 10 points. With 40 percent still undecided, the race could go either way.

On the GOP side, the same poll still shows a close race, but not the three-way 18 percent deadlock we saw last week. The poll shows Attorney General Mike Cox leading Congressman Pete Hoekstra by less than a point (26.4 percent to 25.6 percent) with Ann Arbor businessman Rick Snyder about six points back (20.2 percent). The poll shows Oakland County Sheriff Mike Bouchard with 11 percent. Dr. Tom George’s campaign appears to be on life support with only 1.8 percent. 14.4 percent of those polled are still undecided. While he leads now, Cox’s campaign has to be concerned that 1/4 of the Republicans polled have an unfavorable view of him.

However, there is major variable that could greatly affect the final result: Michigan’s primary election system, which allows any voter to choose which party’s election he wants to vote in, regardless of that voter’s party preference or lack thereof. Dillon may have a 10 point lead among “likely Democratic primary voters” but there’s no guarantee those people will choose between Dillon or Bernero. For whatever reason, a hypothetical moderate Democrat may opt to instead to choose among the Republican candidates, which would preclude them from voting Democratic, opening the door for the more liberal Bernero, who enjoys a plethora of support from unions.

Rick Snyder is actively pursuing the hypothetical voter I described. As the GOP base seems split east and west side by Cox and Hoekstra (they should settle it with a rap battle), who are attacking each other, Snyder sees the independent and Democratic refugees as the key to a victory. He picked up the endorsement of former moderate GOP Congressman Joe Schwarz. He was also endorsed by former Governor Bill Milliken.

The rest of the lead GOP candidates are seemingly in a race to see who can go the furthest right. Last week, we talked about Mike Bouchard’s support of the Arizona immigration law and making Michigan a right-to-work state. This week, Cox, Bouchard and Hoekstra are fighting over who loves the Tea Party more.

Pete Hoekstra took the first step by joining Fox News fixture and GOP Congresswoman Michelle Bachmann’s Tea Party caucus. Cox’s spokesman Nick DeLeeuw responded by saying “First!” …

“Mike Cox has been traveling with the tea party and attending tea party events from the very beginning,” DeLeeuw said. “Mike Cox has been leading that fight, while Pete Hoekstra has been voting against the tea party interests.”

… to which Hoekstra rebutted with, essentially, I was tea party before tea party was cool.

“I was the tea party movement before the tea party,” Hoekstra said.

Pete Hoekstra was the Mad Hatter, and don’t forget it.

Not wanting to be left out of the Tea Party party, Bouchard picked up the key Tea Party endorsement of Joe The Plumber. So he’s got that going for him … which is nice.

In other endorsement news this week, Cox and Dillon picked up the endorsement of The Detroit News. Dillon also picked up the endorsement of Detroit mayor Dave Bing. Bernero picked up a new slew of union endorsements. Hoekstra received the Michigan Teamsters endorsement for the GOP primary, anyway (Why wasn’t this one posted on his website?)

Finally, like the Detroit Free Press did last month, The Detroit News has published feature articles on each one of the gubernatorial candidates, with videos. [Bernero, Dillon, Cox, Hoekstra, Snyder, Bouchard, George. Don’t know when/if the Democratic profiles are coming, but I assume the are.] Some are more interesting than others, like Dr. Tom George’s profile, in which he discusses how all of the tax break talk, without more, will bankrupt the state. Dr. George, when has honesty ever won an election?