"This will affect officers all over Michigan" State Appeals Court Ruling Threatens Garrity Protection

A Michigan's Court of Appeals decision, issued as this edition of News 'n Views was going to press, looms as a "serious threat" to the level of protection that has been provided by Garrity for the 36 years since it was established.

That is the somber assessment of MAP Executive Director Fred Timpner, a view shared throughout police and law enforcement union ranks around the state.

"This will affect officers all over Michigan in an adverse way," Timpner declared, in reacting to the Court's ruling that Wayne County Prosecutor Michael Duggan can access the Garrity statements of three Garden City officers who were involved in a shoot-out last December.

The gun battle resulted in the death of a man who had critically wounded another officer shortly before it broke out.

That incident set in motion a series of events that began, ironically, after an assistant Wayne County prosecutor told officers were "clear" of any wrongdoing. Chief Harvey read Garrity warnings to the officers and ordered them to answer questions under that protection, so they could return to duty as soon as possible.

However, in February, an assistant prosecutor called Chief Harvey and demanded that he hand over the Garrity statements for review. The chief refused, saying the statements are privileged and cannot be released without the officers' consent.

Prosecutor Duggan then subpoenaed the statements through Wayne County Circuit Judge Sean Cox. A show cause hearing resulted in an order for the chief to turn over the documents or face a contempt of court citation. A stay was granted for an emergency appeal to the Michigan Court of Appeals.

Oral arguments in what had become the People of Michigan vs. the City of Garden City and the Michigan State Police Troopers Association, Inc. were presented Sept, 3, judge's declaration that "this (refusal to turn over the statements) cannot stand." Chief Harvey was directed to surrender the Garrity documents.

Was this ruling the end of the matter?

"I firmly believe that this decision will be appealed all the way to the United States Supreme Court, if that becomes necessary," Timpner asserted. "A fundamental right is at stake here, one that the US Supreme Court, itself, established in Garrity vs. New Jersey in 1967.

"Of course the Michigan Supreme Court is the next step and there's no doubt this case is headed there. Every officer and every police union in Michigan, except perhaps one, is directly interested in maintaining the integrity of Garrity protection.

"It's noteworthy that Chief Harvey, obviously not a union person, has stood staunchly against the Wayne County prosecutor's position. He is to be commended, as is the Michigan State Police Troopers Association, for defending Garrity so strongly."

The State Troopers Association, like MAP, is a member unit of the Michigan Association of Police Organizations (MAPO).

"MAP and MAPO will do everything possible to support the position, and the needs, of Michigan's law enforcement community in this matter," Timpner vowed.