Beatty refuses to reply to suit

Former mayoral chief of staff cites her Fifth Amendment rights in text message litigation.

Paul Egan / The Detroit News

DETROIT -- Former mayoral chief of staff Christine Beatty has asserted her Fifth Amendment rights in refusing to answer written questions in a lawsuit related to the text message scandal.

"Beatty refuses to respond ... in light of her right against self-incrimination guaranteed under the Fifth Amendment of the U.S. Constitution," Beatty and her attorney, Mayer Morganroth, said in response to 19 of the 37 questions and requests for records submitted to her by The Detroit News and the Detroit Free Press in connection with the newspapers' public records lawsuit against the city of Detroit.

Beatty took the Fifth in connection with a request for electronic messages she sent or received between Jan. 1, 2002, and Jan. 28, 2008. She also asserted her rights against self-incrimination in response to questions about the types of messaging devices she has used since 2002, who paid for those services, and whether she knows of any records lost or destroyed related to the 2007 city settlement of police whistle-blower lawsuits.

She also refused to answer questions related to how her electronic communications might be covered under the federal Stored Communications Act, a law cited by Mayor Kwame Kilpatrick, Beatty and the city in trying to keep secret messages sent and received on city-issued SkyTel pagers.

"There's a criminal case going on, and therefore certain rights are granted to her," Morganroth said Friday.

On March 24, Wayne County Prosecutor Kym Worthy charged Kilpatrick and Beatty with conspiracy, perjury and other charges. Worthy's investigation began after pager text messages published in January pointed to a sexual relationship between Kilpatrick and Beatty and possible perjury about the nature of their relationship and circumstances surrounding the removal of Deputy Police Chief Gary Brown when they both testified in that civil case.

Other records released as a result of the newspapers' lawsuit show Kilpatrick and Beatty signed a secret deal to keep the text messages under wraps as part of the city's $8.4 million settlement of the suits.

Beatty has resigned; the mayor has not. Both maintain they are innocent. The Detroit City Council, which was not apprised of the secret deal, voted this week to censure the mayor and began procedures to try to remove him from office.

You can reach Paul Egan at (313) 222-2069 or pegan@detnews.com.