(WXYZ) - Bob Bashara's attorney had to explain to a judge today why he issued his own unauthorized subpoena in the Jane Bashara murder case..
The judge says what David Griem did is not allowed under the court rules.
Griem has grabbed headlines again and again in the high-profile Jane Bashara murder investigation. Griem's client, Bob Bashara, has not been charged. But the Grosse Pointe Park man has been called a person of interest in his wife's murder.
On Friday morning, Griem found himself defending his tactics in front of the presiding judge of the Wayne County Circuit court criminal division.
Judge Timothy Kenny sent a letter to Griem asking him to appear in court to explain why Griem sent a subpoena for a case that doesn't exist.
"The court rules don't permit the kind of… subpoena efforts that you're making right now," said Judge Kenny.
The only person who has been charged in the Bashara murder is handyman Joe Gentz.
Legal experts say that because there is no case in the circuit court involving Bob Bashara – Griem is not allowed to subpoena anything or anyone.
"In hindsight, I would not have authorized my office to go forward with a subpoena, but I did," Griem told Judge Kenny.
Griem suggested that his assistant was to blame for the subpoena.
"I bear the weight and responsibility for my office," said Griem.
Griem told the judge that he was trying to get Joe Gentz's employment records from Tranor Industries in Detroit.
The judge, prosecutors, and Gentz's attorney all questioned why the subpoena would bear the title "People v. Robert Bashara" when there is no such case.
The subpoena also had the wrong court address on it: it listed the Coleman A. Young Municipal Center – which houses the civil division of the court. The criminal division is inside the Frank Murphy Hall of Justice – a totally separate building.
"I'm having a hard time understanding when you filed your… motion as it relates to the handwriting sample, it made it to the right place. And then all of a sudden when they're issuing subpoenas, with no case number on it, with a fictitious case name, it ends up with the wrong address and phone number," said Assistant Wayne County Prosecutor Lisa Lindsey.
Joe Gentz's attorney, Susan Reed, told Judge Kenny she was very disturbed by what Griem did.
"I'm not satisfied with the explanation. I intend to on behalf of my client pursue this to see exactly what happened and what was the intent behind this," said Reed.
Larry Dubin is a legal ethics expert at the University of Detroit Mercy Law School. He says the judge could decide that Griem crossed the line with the unauthorized subpoena.
"There's an ethics rule that says you're not supposed to engage in any type of proceeding, that is frivolous, that is w/out merit," Dubin told 7 Action News Investigator Heather Catallo.
Griem also told the judge that he issued a second subpoena for cell phone records.
Judge Kenny asked him to write a letter withdrawing the subpoena.
Griem has also filed a motion with the court of appeals but that is under seal, and it's not clear when the court will issue a ruling.
Griem did not return calls seeking comment today.