University of Michigan Bylaw 5.09 and Dr. Bradley Foerster — Attorney Cyril Hall: “You Didn’t Draft the Documents”; Litigation Would Not Have Occurred “But for” the Frozen Accounts; “No File in the District Court Indicating a Basis” (2018)
Dr. Runge Charge D and the Litigation
During the November 26, 2018 5.09 hearing, attorney Cyril Hall testified as a witness called by Dr. Bradley Foerster concerning litigation that was the subject of one of the four charges in Dr. Foerster’s dismissal proceedings.
The litigation had already appeared in University of Michigan Medical School Dean Dr. Marschall Runge’s August 6, 2018 letter, which stated that there were “multiple instances” in which Dr. Foerster had “committed abuses of the federal and state court system.”
Mr. Hall’s testimony addressed how that litigation had arisen and who bore responsibility for the claims that were filed.
He began with the role of counsel. Lawyers, Mr. Hall explained, determine whether a claim has a sufficient basis to be brought:
“every case that you were sanctioned on you had a lawyer, so you didn't draft the documents.”
Dr. Foerster might have supplied some of the underlying facts, but, as Mr. Hall explained:
“the lawyer has to make a determination that that is plausible to file it.”
“But for the Fact That Your Account Was Frozen”
Mr. Hall placed the litigation in the context of the restraint on Dr. Foerster and Dr. Myria Petrou’s bank funds.
He testified:
“but for the fact that your account was frozen, none of the litigation would have occurred because the money that was frozen in the bank was enough to cover all the expenses that you had”
The restraint, Mr. Hall testified, lasted “approximately a year.”
“No File in the District Court Indicating a Basis”
Mr. Hall recalled Judge Carol Kuhnke questioning the restraint on the record:
“wait a minute, we need to pause about this issue of freezing the money, especially when there was no file in the District Court indicating a basis”
Mr. Hall continued:
“and you didn't get an opportunity to have the affidavit to the search warrant or anything, well, how is this going to occur?”
According to Mr. Hall, the funds were ultimately released approximately a year after they had been frozen.
He ended this portion of his testimony where he had begun—with the relationship between the restraint and the litigation:
“if the money wouldn't have ever been taken, you wouldn't have filed any lawsuits, because what else could you do?”
Related 5.09 Testimony — Detective Spickard
The District Court file question also arose during the November 12, 2018 testimony of Ann Arbor Police Department Detective Spickard, one of the four witnesses called in support of Dr. Runge’s charges.
Detective Spickard testified that he had served search warrants “in the hundreds” during his career. Asked how search-warrant proceedings are documented, he answered that they would be documented through “the court record and the transcript.”
Asked where the transcript would be located, Detective Spickard answered:
“The court maintains those files.”
Asked whether the court would have a file containing the transcript for a search warrant, he answered:
“They should. Yes.”
Follow the 5.09 Record
The broader University of Michigan 5.09 proceedings and related documentary record can be followed through:
Case Index — Documentary Record and Investigations
Primary Documentary Record
November 26, 2018 — 5.09 Hearing Testimony of Attorney Cyril Hall
The testimony reproduced below documents Mr. Hall’s testimony concerning the litigation addressed in the 5.09 proceedings, the role of counsel in filing claims, the restraint of Dr. Foerster and Dr. Petrou’s bank funds, and the District Court file issue Mr. Hall recalled Judge Kuhnke addressing on the record.
Source: November 26, 2018 University of Michigan Bylaw 5.09 hearing transcript, testimony of Mr. Cyril Hall.
Related Documentary Record
AAPD Case 17-3517: Magistrate Tamara Garwood States “There Are No Files and Transcripts” for the Search Warrants
Later records concerning the same search-warrant court-file issue include the Circuit Court order directing the 15th District Court to accept the petition, Michigan State Police documentation concerning the original warrant records, and Magistrate Garwood’s 2019 statement:
“Again, there are no files and transcripts...”
5.09 Documentary Chronology
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Selected Reporting
- Bradley Foerster Submits 140-Exhibit, 1,121-Page Documentary Chronology to FBI for Supervisory Review of the Investigation Involving Dr. Bradley Foerster, Dr. Myria Petrou, and Duaa Altaee
- From One FBI File to a Legislative Proposal: Peter and Maria Foerster Ask Senator Van Hollen's Office and Congressman Jamie Raskin to Consider a Uniform Administrative Framework for Federal Investigations
- Eva Feldman Documentary Chronology: 139 Exhibits on NIH R01NS082304, University Proceedings, and Federal Investigation — No Response Received
- Bradley Foerster and Myria Petrou Send Ann Arbor Officials Documentary Chronology on AAPD and Related Federal Investigations — No Response Received
- Timothy Lynch Documentary Chronology: 63 Exhibits on University of Michigan Office of General Counsel, University Investigations, and Law Enforcement — No Response Received
- Bradley Foerster and Myria Petrou Documentary Chronology: 8 Exhibits Document More Than Two Years of Efforts to Trace Bank of Ann Arbor's $1.4 Million Sheriff's Sale Credit Bid — No Response Received