Legal Ethics

Contempt Case: Did Top Detroit City Lawyer Help Destroy Docs?

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The corporation counsel and the deputy human resources director for the city of Detroit appeared before a Wayne County Circuit court judge today in contempt proceedings.

The hearing, which was continued until Friday, is about the city’s alleged failure to produce and destruction of documents sought in a probe of claimed obstruction of justice by the Detroit mayor and a top aide, reports the Detroit Free Press. The documents were sought in a Jan. 31 subpoena to which the city apparently has not fully responded.

As discussed in an earlier ABAJournal.com post, Mayor Kwame Kilpatrick and his former chief of staff, Christine Beatty, were charged today in a Wayne County criminal prosecution over their alleged perjured testimony, inside and outside of court, concerning a police whistle-blower case.

John Johnson Jr., the city corporation counsel, is reportedly represented by attorneys Gerald Evelyn and Juan Mateo, who are looking out for his interests as an individual and as the Detroit’s top lawyer. None apparently commented to the newspaper. Meanwhile, Patricia Peoples, the city’s deputy director of human resources, was given time today by Judge Timothy Kenny to find a lawyer. Peoples declined to comment to the Free Press.

However, the Detroit News says that Johnson pledged in court today to comply with the subpoena, and James Burdick, an attorney who is representing the city, told the paper outside of court that no documents were destroyed improperly.

“There’s a records retention policy that we followed, and it was followed properly,” he says. “Documents are purged all the time.”

The city has already produced thousands of documents, according to Burdick, and has received no court order specifically directing Johnson or Peoples to do anything. He wouldn’t tell the News what documents the prosecution in the mayor’s case is seeking, but says they are available from other sources and says no documents were destroyed in an effort to obstruct justice.

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