Re: Jane Bashara Murder (thread #3)

[Darkman]

U.S. News

Judge orders lawyer to stay on Bob Bashara case

Published: July 19, 2012 at 5:24 PM

DETROIT, July 19 (UPI) -- A lawyer who asked to withdraw from representing a man in a solicitation-for-murder case was ordered by a Detroit judge Thursday to stay on the case for now.

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Read at the Source: http://www.upi.com/Top_News/US/2012/07/19/Judge-orders-lawyer-to-stay-on-Bob-Bashara-case/UPI-37911342733044

[Darkman]

Pretty good VIDEO at the Source ... from yesterday...

Bashara attorney wants out, again

Posted: Jul 18, 2012 9:14 PM CDT
Updated: Jul 18, 2012 9:14 PM CDT

By Taryn Asher

---- TEXT & VIDEO (2:34) ----

(WJBK) -
Another twist in the Jane Bashara murder case. The lawyer for her husband wants out.

On Wednesday, David Griem filed an emergency motion notifying Detroit's 36th District Court he wishes to withdraw as Bashara's attorney. In the paperwork, he cited a breakdown in the relationship with Bashara, a man who may need him now more than ever.

Bashara is currently behind bars on charges he attempted to hire a hit man to kill Joe Gentz. Gentz is the handyman charged with the first degree murder of Bashara's wife. Gentz claims Bashara hired him to kill his wife.

According to legal analyst Charlie Langton, if Griem wants off the case, he's going to have to start talking - giving the judge a better reason than a relationship breakdown. Langton also says it's a "big deal" that Griem filed the motion just days before the preliminary exam.

Griem did the same thing when he represented Stephen Grant in 2007. He said the two had "irreconcilable differences."

A hearing on Griem's request is scheduled for Thursday at 8:30am.

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Source: http://www.myfoxdetroit.com/story/19059954/bashara-attorney-wants-out-again

[Darkman]

One more from yesterday.... ( good pic )

July 18, 2012 at 8:32 pm
Bashara attorneys Griem, Utley ask to quit

By Christine Ferretti and George Hunter
The Detroit News

Robert Bashara, left, and his attorney, David Griem outside the Third Circuit Court on Wednesday April 18, 2012. (Steve Perez / The Detroit News)

Detroit — Robert Bashara's defense team has filed an emergency motion seeking to stop representing him over an unspecified breakdown.

David Griem's office filed the motion Wednesday in 36th District Court to step down along with co-counsel Christina Utley. An emergency hearing is scheduled at 8:30 a.m. Thursday before Chief Judge Kenneth King.

King said Griem will have to present a valid reason to step down. If the judge excuses him, Bashara may obtain other counsel.

"David Griem and Christina Utley both filed the motion to withdraw," King said. "They kept their comments very brief; they said it was an irreparable breakdown in the attorney-client relationship."

Griem in a statement released Wednesday said "no useful purpose would be served" by the defense attorneys commenting on why the relationship with Bashara has ceased.

"Suffice it to say that there has been a breakdown in that relationship; a result of which required us to file a motion to withdraw as counsel to Mr. Bashara," Griem wrote in the statement. "To say anything more would only intensify the media feeding frenzy which has made it difficult, if not impossible, for Mr. Bashara to get a fair trial, and therefore would not be in the best interest of justice."

If Griem is successful, it will be the second time in recent years he's withdrawn as attorney in a high-profile case. He also represented Stephen Grant, but quit after Grant told him that he'd killed and dismembered his wife, Tara Grant.

Bashara is charged with solicitation of murder on allegations he attempted to hire a hit man to kill handyman Joseph Gentz, who is charged in Bashara's wife's Jan. 24 killing.

Utley confirmed Wednesday that she was retained by Bashara in May before any charges were filed against him. The defense team was assembled in anticipation of potential charges filed in connection with his wife's death.

Griem's statement added that the attorneys "hope for two things."

"First, that the killer(s) of Jane Bashara is found and fully prosecuted under the law," he said. "Secondly, but most importantly, that both the Bashara and Ellerbrecht families find some measure of peace as they continue to heal from the pain that has consumed their lives."

Maria Miller, a spokeswoman for the Wayne County Prosecutor's office, said Assistant Prosecutor Lisa Lindsey will appear in court for the motion hearing. Miller added the prosecutor's office had no comment about the defense counsel's request to resign.

Gentz is charged with first-degree murder and conspiracy in Jane Bashara's murder. The St. Clair Shores man claims Robert Bashara offered him $2,000 and a car to kill Jane.

Bashara was charged with solicitation of murder in June. Prosecutors say he met with an alleged hit man several times between June 8 and June 25 in an attempt to have Gentz killed in the Wayne County Jail. Bashara is due back in court July 24.

Griem has denied the charges, contending Bashara claims he was set up.

Griem previously told The News there is a court order in place barring him from discussing details of the solicitation case.

Findings from an independent mental evaluation revealed last week determined Gentz is competent to stand trial in Jane Bashara's killing. A prior court-ordered mental review also found Gentz competent. Gentz's attorney, Susan Reed, has said the findings clear the way for plea negotiations for her client.

cferretti@detnews.com

(313) 222-2069

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From The Detroit News: http://www.detroitnews.com/article/20120718/METRO/207180420

[Darkman]

Judge: Bashara's Attorney Must Remain on Case

Despite being a mutual motion by David Griem and Bob Bashara, a 36th District Court judge ruled Thursday that Griem must remain on the case and the preliminary exam for next week must go on. Griem was ordered to help any new attorney hired in the case.

12:26 pm

Bob Bashara's attorney David Griem speaks to the press following his arraignment. Griem attempted to be relieved of the Bashara case in 36th District Court Thursday but the judge denied his motion, ordering Griem to remain on the case and to help any new attorney that might be hired. Credit Sara Eaton Martin

Less than a week before his preliminary exam in 36th District Court, Bob Bashara's attorney David Griem sought to be relieved of the case due to a change in the pair's relationship.

Bashara is accused of trying to hire a hitman to kill Joe Gentz, a handyman who is facing charges of murder and conspiracy to commit murder of Jane Bashara, Bob Bashara's wife. Both Bob Bashara and Joe Gentz are being held at separate Wayne County lockup facilities. Gentz was most recently found competent to stand trial after undergoing two evaluations.

Bob Bashara agrees with his attorney's motion, according to Local 4 WDIV, which reported that Bashara is scheduled to interview new potential attorneys today and Friday.

Griem's motion was filed Wednesday and 36th District Court Judge Kenneth J. King ruled Thursday that Griem must remain on the case and help any new attorney that might be hired by Bashara, according to the Detroit Free Press.

In his ruling Thursday, King also stated that the preliminary exam scheduled for next Tuesday must happen as an important witness in the case has health problems that are of concern to the court, according to the Free Press.

The preliminary exam is a hearing in which the judge determines whether the prosecutor's have sufficient evidence to continue pursuing the charge filed against the defendent.

While preliminary exams are often waived by the person accused of the crime, generally in higher profile cases that include offenses carrying life sentences, such as Bashara's, the hearing is not waived.

Should Bashara choose to have his preliminary exam, there will likely be the introduction of evidence, including witness testimony--all of which is evaluated by the judge to determine whether the case may continue.

During Bashara's arraignment, Griem hinted repeatedly at the possibility of the preliminary exam taking two days to complete--a likely indication that many wintnesses are scheduled to testify.

Although neither Griem nor Bashara explained the specific reasons for wanting to part ways, both told the judge they wanted to go their own way, according to the Free Press.

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Source: http://grossepointe.patch.com/articles/judge-bashara-s-attorney-must-remain-on-case

[Darkman]

How Unpopular Is Bob Bashara? His Attorney Wants To Quit But Judge Says No

July 18th, 2012, 5:13 PM



How unpopular is Robert Bashara these days?

Answer: Even his attorney David Griem wants to quit.

But apparently the unholy alliance will remain, at least for now.

Chief 36th District Judge Kenneth King ruled at a hearing this morning that Griem had not provided a compelling enough reason to bow out before Bashara's preliminary examination next Tuesday, even though Griem claimed they had a problematic relationship, according to the Detroit Free Press. Bashara also asked for new counsel.

The judge, in issuing his ruling to keep Griem onboard, said he was also concerned about delaying the preliminary examination, in part, because a key witness has health issues.

Bashara is currently behind bars awaiting trial on charges that he hired a hitman to kill Joe Gentz, the man accused of killing his wife Jane.

Bashara is also a suspect in the death of his wife, but has not been charged.

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Source: http://www.deadlinedetroit.com/articles/1238/how_unpopular_is_bob_bashara_his_attorney_wants_to_quit_but_judge_says_no

[Darkman]

More of the same ... but under different heading...

JULY 20, 2012 AT 1:00 AM
Judge: Bashara lawyers fail to give good reason to step down

By Christine Ferretti
The Detroit News

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From The Detroit News: http://www.detroitnews.com/article/20120720/METRO01/207200369#ixzz218jBvdjk

Read at the Source above...

[Darkman]

Attorney David Griem must stay on the Bob Bashara case for now, judge rules UPDATED

Published: Friday, July 20, 2012

By JAMESON COOK
For The Oakland Press

Bob Bashara and David Griem were denied in their attempt to remove Griem as Bashara’s attorney for his solicitation of murder charge related to the murder of Bashara’s wife.

Chief Judge Kenneth King of 36th District Court in Detroit refused to allow Griem and co-counsel Christina Utley to withdraw as Bashara’s legal counsel only days before Bashara’s preliminary examination, despite vigorous arguments from both Bashara and Griem.

Bashara, handcuffed and dressed in a button-up shirt, said he wants to hire a new attorney in the next couple of days, and argued the new legal eagle would not have enough time to prepare for Tuesday’s preliminary examination.

“(Not allowing) a week or two to for a new attorney to represent me would not be in my best interest for fairness, for me getting a fair shake and a fair opportunity to defend myself, sir,” Bashara told the judge.

King allowed Bashara to hire a new attorney before the preliminary examination Tuesday but at the same time ordered that Griem stay on the case and serve as advisory counsel to help cure the short preparation time. He called it a “good compromise.”

“You just can’t come in and say, ‘I quit,’” King told Griem. “It doesn’t work like that.”

King wanted more explanation for the withdrawal, but Griem countered he didn’t have to provide details because both he and his client agree to it.

Griem, after the hearing, said he planned to appeal the ruling to Wayne County Circuit Court, possibly Thursday afternoon.

Bashara didn’t detail why he wanted Griem to go but said he has become “a little less effective than I would have hoped for” in recent times. He alluded to information about the case that has become public and being treated “terribly” by both the prosecution and media.

Griem, like he has several times previously, decried police and prosecution ”leaks” and accused assistant Wayne County prosecutor Robert Moran of leaking information at the hearing by saying the lives of other people involved in the case “may have been threatened” recently, while arguing to hold the preliminary examination as soon as possible.
“He just made a leak,” Griem yelled. “It’s so highly inappropriate. It’s so highly prejudicial.”

Assistant prosecutor Lisa Lindsey questioned whether the withdrawal request was a “delaying tactic,” noting that Griem in the past few days twice asked the prosecution to agree to an adjournment and then suddenly Wednesday wanted to resign.

Griem denied that claim and said he asked for the delay for “another reason” but didn’t elaborate.

Moran also argued the hearing should be held as soon as possible because one of the three scheduled witnesses is in poor health.

“He has a number of health issues,” Moran said. “He is complaining about health issues almost on a daily basis.”

But Griem discounted the claim, saying the witness is the type of person who makes it his “lifestyle to complain about his health” and often laughs about it.

“It’s not like he’s on death’s door” Bashara added.

But King said he didn’t want to delay to prejudice the prosecution.

Other matters arose during the hearing.

Lindsey accused Griem of violating King’s order that no evidence in the case can be divulged to anyone after Jane Bashara’s sister found about 40 pages of evidentiary documents in the Bashara home in Grosse Pointe Park.
Griem admitted in court that he shared information with Bashara’s mother and “another person.”

He said he wasn’t sure the order would cover “talking with the mother of the defendant, an 80-some-year-old woman who is out of her wits” over her son being charged with solicitation of murder and a person of interest in Jane Bashara’s death.

That issue, as well as another issue regarding subpoenas in the case, will be addressed at a subsequent hearing, the judge decided.

Bashara, 54, is accused of trying to hire someone to kill his former handyman, Joe Gentz, 48, who is charged with the Jane Bashara murder and conspiracy. According to reports, Gentz, a former Macomb County resident, has told police Bashara hired him to kill her. Gentz’s preliminary examination is scheduled for Aug. 13 in 36th District Court.

Jane Bashara, 56, was strangled in January in the Bashara’s garage on Middlesex Street, and her body found the next morning in her SUV parked in an alley on Detroit’s east side.

Bob Bashara has not been charged with any crime related to the murder. But he is accused of giving a would-be hit man money to kill Gentz in June after Gentz was arrested for the murder and in custody at a Hamtramck detention facility.

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Source: http://www.theoaklandpress.com/articles/2012/07/20/news/doc500830551cbdd433526973.txt?viewmode=fullstory

[Darkman]

Judge won't let Bashara's attorney quit case

July 20, 2012

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Read at the Source: http://www.freep.com/article/20120720/NEWS02/207200427/Judge-won-t-let-Bashara-s-attorney-quit-case

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.... Nice photo gallery at the above source ... (14 photos)

Here are some of them: (click on Spoiler below to view more)

Spoiler:

[Darkman]

I am not sure how accurate this is, but there is possibly another hearing ... on Friday

"At the request of Wayne County prosecutors, another hearing was for Friday to see if Griem violated a court order in disclosing certain material connected to the case to a member of Bashara’s family."

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Per this Source: (mentioned earlier) http://detroit.cbslocal.com/2012/07/19/judge-denies-attorneys-request-to-drop-bashara-case/

[Darkman]

pretty good / unique YouTube video (by Tell Us Detroit) of BB being charged with trying to off Gents ... -- good quality video:



or:

https://www.youtube.com/watch?v=cwA4sH0yTsk

[Darkman]

... somewhat updated article ...

Griem can’t quit Bashara but will only assist

By Jameson Cook
jamie.cook@macombdaily.com

Posted: 07/20/12 12:01 am
Updated: 07/20/12 10:29 am

Bob Bashara and David Griem were denied in their attempt to remove Griem as Bashara’s attorney for his solicitation of murder charge related to the murder of Bashara’s wife.

Chief Judge Kenneth King of 36th District Court in Detroit refused to allow Griem and co-counsel Christina Utley to withdraw as Bashara’s legal counsel only days before Bashara’s preliminary examination, despite vigorous arguments from both Bashara and Griem.

Bashara, handcuffed and dressed in a button-up shirt, said he wants to hire a new attorney in the next couple of days, and argued the new legal eagle would not have enough time to prepare for Tuesday’s preliminary examination.

“(Not allowing) a week or two to for a new attorney to represent me would not be in my best interest for fairness, for me getting a fair shake and a fair opportunity to defend myself, sir,” Bashara told the judge.

King allowed Bashara to hire a new attorney before the preliminary examination Tuesday but at the same time ordered that Griem stay on the case and serve as advisory counsel to help cure the short preparation time. He called it a “good compromise.”

“You just can’t come in and say, ‘I quit,’” King told Griem. “It doesn’t work like that.”

King wanted more explanation for the withdrawal, but Griem countered he didn’t have to provide details because both he and his client agree to it.

Griem, after the hearing, said he planned to appeal the ruling to Wayne County Circuit Court, possibly Thursday afternoon.

Bashara didn’t detail why he wanted Griem to go but said he has become “a little less effective than I would have hoped for” in recent times. He alluded to information about the case that has become public and being treated “terribly” by both the prosecution and media.

Griem, like he has several times previously, decried police and prosecution ”leaks” and accused assistant Wayne County prosecutor Robert Moran of leaking information at the hearing by saying the lives of other people involved in the case “may have been threatened” recently, while arguing to hold the preliminary examination as soon as possible.

“He just made a leak,” Griem yelled. “It’s so highly inappropriate. It’s so highly prejudicial.”

Assistant prosecutor Lisa Lindsey questioned whether the withdrawal request was a “delaying tactic,” noting that Griem in the past few days twice asked the prosecution to agree to an adjournment and then suddenly Wednesday wanted to resign.

Griem denied that claim and said he asked for the delay for “another reason” but didn’t elaborate.

Moran also argued the hearing should be held as soon as possible because one of the three scheduled witnesses is in poor health. “He has a number of health issues,” Moran said.

“He is complaining about health issues almost on a daily basis.”

But Griem discounted the claim, saying the witness is the type of person who makes it his “lifestyle to complain about his health” and often laughs about it.

“It’s not like he’s on death’s door” Bashara added.

But King said he didn’t want to delay to prejudice the prosecution.

Other matters arose during the hearing.

Lindsey accused Griem of violating King’s order that no evidence in the case can be divulged to anyone after Jane Bashara’s sister found about 40 pages of evidentiary documents in the Bashara home in Grosse Pointe Park.

Griem admitted in court that he shared information with Bashara’s mother and “another person.”

He said he wasn’t sure the order would cover “talking with the mother of the defendant, an 80-some-year-old woman who is out of her wits” over her son being charged with solicitation of murder and a person of interest in Jane Bashara’s death.

That issue, as well as another issue regarding subpoenas in the case, will be addressed at a subsequent hearing, the judge decided.

Bashara, 54, is accused of trying to hire someone to kill his former handyman, Joe Gentz, 48, who is charged with the Jane Bashara murder and conspiracy. According to reports, Gentz, a former Macomb County resident, has told police Bashara hired him to kill her. Gentz’s preliminary examination is scheduled for Aug. 13 in 36th District Court.

Jane Bashara, 56, was strangled in January in the Bashara’s garage on Middlesex Street, and her body found the next morning in her SUV parked in an alley on Detroit’s east side.

Bob Bashara has not been charged with any crime related to the murder. But he is accused of giving a would-be hit man money to kill Gentz in June after Gentz was arrested for the murder and in custody at a Hamtramck detention facility.

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Source: http://www.macombdaily.com/article/20120720/NEWS01/120719519/griem-can-t-quit-bashara-but-will-only-assist&pager=full_story

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