A leaked July 20 letter to Oakland County Deputy Sheriffs? Association Vice President Dave Curtis has landed 52-2 District Court Judge Dana Fortinberry in the middle of a controversy.
The letter was in response to the OCDSA’s endorsement of Kelley Kostin for 52-2 District Court Judge. Fortinberry had endorsed another candidate, Magistrate Colleen Murphy, for this position.
Fortinberry claims she was lied to by members Jim Hubanks and Gary McClure who said all candidates would be interviewed.
‘One might rightfully ask these two men what personal stake they had in perpetrating such a lie,? Fortinberry wrote to Curtis. ‘No interviews ever were conducted, and in fact my personal efforts to effectuate such interviews were rebuffed time and time again.?
The OCDSA endorsed Fortinberry when she defeated Kostin in the 2002 election.
The letter also attacks Kostin’s ability to handle the judge position stating ‘Dave, I have been cleaning up Kostin mistakes in files since I took office 19 months ago. Just when I think I must have seen the last of any files she touched, another one lands on my desk.?
Kostin refutes the claims made in the Fortinberry letter including the allegation she botched a drug case in 1994.
‘I was not even a magistrate until 1996. Fortinberry was the magistrate in 1994,? Kostin said. ‘If anyone has any questions about my ability they can contact Judge Gerald McNally and he will tell you what kind of magistrate I am.?
Twelve lines out of the five-page letter pertain to the suicide of Bob Kostin’s second wife, Judy. Bob is an attorney currently married to Kelley.
Fortinberry writes, ‘Due to the circumstances of the death, a police investigation was launched, albeit quietly because the then-and-current White Lake Township Police Chief, Ron Stephens, was a neighbor and friend of Bob Kostin. The investigation was inconclusive and the case was closed as a suicide.?
The letter also claims there was a sexual affair between Bob and Kelley before the death of Judy.
‘There is dirty politics but this has just crossed the line,? Kelley Kostin said. ‘Stephens was never a neighbor of Bob’s. He lived 10 miles away. He was a professional friend but not somebody Bob would go out with after work. She says the records have been sealed since the investigation, but Stephens himself has said that police can’t seal a file.?
The death was ruled a ‘carbon monoxide intoxication from automobile exhaust.? At the request of Stephens, the Michigan State Police are re-opening the case to look at the investigation Stephens handled.
‘We have no doubt that it will come back that Stephens did everything correctly,? Kelley Kostin said.
The Kostins have filed a complaint with the Judicial Tenure Commission and the couple is considering filing a civil suit.
‘I am not running for anything,? Bob Kostin said. ‘I am a private citizen and I have all the rights of a private citizen under the Constitution of the United States.?
Fortinberry has recused herself from all of Bob Kostin’s cases.
Kelley Kostin says she does not know why Fortinberry would write a letter like this.
‘I have never met Dana and never spoken to Dana. I can’t begin to figure out the depth of animosity she has for me. I can only equate it to a stalker. I feel like I am being stalked by her, that she has chosen me as an object for her hate. For some reason she wants to destroy me, my career and my family,? Kelley Kostin said.
In a statement released to The Clarkston News, Fortinberry wrote, ‘The letter in question was a private communication by me to a personal friend who is a board member of the Oakland County Deputy Sheriff’s Association. It was made public by a third party without my permission. As a judge, I take very seriously my duty to do all I can to maintain the integrity of our court system, and especially the integrity of the 52-2 District Court. I remain committed to abiding by the rules set forth in the Michigan Code of Judicial Conduct.
The political motive which has been attributed to my actions simply does not exist. If I had been motivated by political gain, I most certainly would have raised this issue publicly in 2002 when Mrs. Kostin and I faced each other in the election. I did not do so. In fact, not one of my campaign advertisements that year even so much as mentioned her or any other candidate in the race.
In my years as a prosecutor, defense attorney, magistrate, and as judge, my job always has been to seek the truth and to insure that justice is done. The 1989 matter involving the Kostins now has been referred to the Michigan State Police for a complete investigation. I pledge to cooperate fully with that investigation if asked to do so, but any further public comment by me or speculation by the press will serve only to hamper the professional investigator’s efforts to find the truth. As such, I am committed to making no further public statements until the investigation by the Michigan State Police is complete.?
Kelley Kostin will face Larence Kozma in the November general election. Murphy was defeated in the primary election.
‘I have worked in very difficult situations before so I know I can work in an environment that might not be friendly,? Kelley Kostin said. ‘I am a very strong, Christian person and I am holding my head up high. I resent when people say I will not be able to work there.?