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Cox Tries to Justify Thwarting Investigation

by: Steven T. Mason

Sat Oct 24, 2009 at 09:17:24 AM EDT


Cox's normal meds must have been switched to something else at the pharmacy because there is such little logic in his response to the Obstuction charges being leveled against him.Yesterday's Free Press reports that Cox said the alleged assault with an object at the Manoogian was a misdemeanor and that since over a hundered interviews had been conducted he closed the investigation.

Cox is clearly spinning to downplay his obstruction of the investigation. Assault with an object, as allegedly occured at the Manoogian Mansion and which the MSP needed the AG to issue investigative subpeonas to properly investigate is a 10 year felony. Michigan Compilied Laws Section 750.84.

Further, there is no limit on the number of people subpeoned and interviewed in a criminal investigation. Did Cox limit the number of subpeonas and interviews his investigators conducted when Cox was investigating Geoffrey Fieger for campaign expenditures against a Republican judge? Cox no doubt allowed the investigators to follow the evidence on Fieger until there was no more to be uncovered. But when it comes to the Manoogian investigation Cox chooses to ignore that fundamental rule of criminal probes which is detectives or investigators follow the evidence until there is no more evidence to uncover. Cox's refusal to issue subpeonas, to allow police to interview either of the Kilpatricks, to have personally "interviewed" Kilpatrick without putting him under oath or having a witness record the interview is law enforcement malpractice. The top prosecutor simply does not interview a possible defendant, a first year law student learns attorneys do not put themselves in situations where they could be called as a witness to testify as to what a defendant said or did, that is the role of investigators or detectives in criminal cases.

You do not even need to go law school to learn that prosecutors do not interview possible witnesses or defendants one on one, just watch any episode of Law & Order. The detectives turn to the prosecutors for warrants and to help determine what evidence or testimony is needed for the crime being investigated. The prosecutors only interact with the defendants when they are in court or about to go court and the prosecutor is offering the defendant and his lawyer a plea bargain. Clearly Cox did something that you would have to be dumber than a 5th grader to do if you were honest.

All of the people who were around the Assistant Attorney General, now deceased, who headed Cox's Criminal Bureau and was the AG staff lead on the Kilpatrick investigation should be interviewed under oath to see if the AAG revealed to anyone that he was being pressured by Cox to close the investigation swiftly before all the evidence that could be collected had been collected. The results of such interviews could be either very revealling regarding Cox's efforts to clear Kilpatrick at the expense of justice or it may help Cox.

Based simply on the facts the people of Michigan are certainly justified in wondering if Cox has given them the honest services he is required to under federal law? What benefit did Cox receive from stopping the investigation before it was completed? Who else was involved in this arrangement?

Steven T. Mason :: Cox Tries to Justify Thwarting Investigation
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Cox Cannot Keep Illogical Story Straight (0.00 / 0)
Looking back through some prior coverage of the Cox investigation of Kilpatrick and this report jumps out.

First, Cox and his office changes the number of interviews they conducted in the Kilpatrick investigation everytime they are asked. Here Rusty Hills claims over 175 interviews while Cox told Skubic it was 120. Whether people can keep their story straight, ie repeat the same facts time after time after, is the hallmark of truth telling. When stories continually change someone is making things up.  

Second, the absolute lack of logic  behind not interviewing the alleged assailant Carlita Kilpatrick.

The Attorney General's office, which investigated the alleged assault and party in 2003 and declared it an "urban legend," never interviewed the mayor's wife.

In a phone interview, Hills told Action News they would not interview Carlita since they had already interviewed 175 people and there was no evidence of an assault or a party.

When Action News pressed Hills on why they questioned 175 people, but not the one person accused of a crime, he said, "I'm not going to get bogged down in this" and ended the call.

Hills then called Action News back and said they would not interview someone about a crime they couldn't prove happened.

"Why would we subject someone to an interview for a crime that never was reported for a party that never took place?"

But Wayne State University Law School professor Peter Henning says the Attorney General's Office does not need any evidence to interview the mayor's wife.

"You can investigate just to make sure nothing is going on," says Henning. "Police do that with some regularity."

Barney Fife would have never said "We never interviewed the main suspect in an alleged crime because we determined that a crime was not committed." Mike Cox does not measure up to Barney Fife.  




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