Matter Subpoena Duces Tecum to Wayne

The Wayne County Prosecutor appeals from an order of the circuit court denying the prosecutor's motion to quash a subpoena duces tecum. We affirm. Plaintiff Laura L. Evina brought this action against the City of Detroit and several of its police officers following the death of her husband, Robert M. Evina, at the hands of the police. Appellant prosecutor is not a party to this case, but seeks to prevent plaintiff from gaining access to an investigation file compiled by his staff when he was contemplating bringing criminal charges against the various police officers for their involvement in Robert Evina's death. After reviewing the contents of the prosecutor's file in camera, the trial Judge issued an opinion and order denying the motion to quash plaintiff's subpoena duces tecum for the file. The prosecutor appeals that determination by leave granted.