After delivery of the two Suppression Orders to the Oakland County Circuit Judges in my FOIA cases, both judges properly ruled that I could not have access to the Search Warrant information in their courts. If you wish to challenge a court order you are required to go to the judge that entered the order and contest the matter in that court.
When I visited the 48th District Court, the Clerk at the counter did not know what I was talking about. The Suppression Orders did not have a case number, a requirement under the Michigan Court Rules. When she talked to her superior, he told her not to ignore my request.
I then filed a Motion to intervene in the 48th District Court case to get access to the file. In response, Assistant Prosecutor, Paul Walton, filed an Affidavit stating that the Oakland County Circuit Judge, Wendy Potts had already denied me access to the information. Similarly, he had previously told Judge Potts that I was required to bring the matter before the 48th District Court. Michigan Case Law does not allow an attorney to take contrary positions in different lawsuits. I would like an explanation from Walton as to which court had jurisdiction to hear my argument since he denied me jurisdiction in both courts.
After Judge Small denied my motion to intervene, I filed a Motion for Reconsideration which was not acted upon for almost a year. When I wrote the Judge a letter asking for a ruling on my Motion for Reconsideration I received a telephone call from Gary Klein who identified himself as the research attorney for the 48th District Court. Klein agreed to make the information available to me. I visited the Court on April 1, 2013 and was given the Search Warrant information.
Attached are the following copies of the Orders of Suppressions referred to in the previous chapters.
1. Exhibit B: A “true copy” of an Order Suppressing Motion to Clarifying Orders of Suppression of Search Warrant and Affidavit dated April 29, 2011 from the 48th District Court denying everyone including me access to that Court’s file on the October 28, 2008 Search Warrant for the former residence of Christopher Busch which was delivered to Judge Coleen O’Brien in my FOIA case against the Michigan State Police.
2. Exhibit C: A “true copy” of an Order Clarifying Orders of Suppression of Search Warrant and Affidavit dated April 29, 2011 from the 48th District Court denying everyone including me access to that Court’s file on the October 28, 2008 Search Warrant for the former residence of Christopher Busch which was delivered by the Oakland County Prosecutor to Judge Wendy Potts in my FOIA lawsuit against the Oakland County Prosecutor.
3. Exhibit D: The 48th District Court copy of this Order of Suppression which was delivered to me by the 48th District Court on April 1, 2013, more than two years after the delivery of Exhibits B & C.
IT WAS NOT UNTIL AFTER APRIL 1, 2013 THAT I NOTICED THAT “TRUE COPY” EXHIBITS B & C WERE BOTH DATED APRIL 29, 2011 BUT WERE NOT IDENTICAL. FURTHERMORE, EXHIBITS B & C ARE DATED AND ARE NOT TRUE COPIES OF THE UNDATED COPY IN THE COURT 48th DISTRICT COURT FILE (EXHIBIT D).
In my two lawsuits against the Oakland County Prosecutor, I was forbidden any discovery and both these cases were closed prior to April 1, 2013. Perhaps somebody from the media can check with the 48th District Court for an explanation of these inconsistent documents.