NewsRadio 920 WHJJ and the Associated Press

PROVIDENCE, R.I. (AP) — The former head of Rhode Island's economic development agency is declining to testify before the House Oversight Committee as it reviews the $75 million 38 Studios loan guarantee.

An attorney for former Economic Development Corp. Executive Director Keith Stokes wrote to Chairwoman Karen MacBeth saying Stokes won't testify as requested.

David Martland says Stokes can't do so now because of the litigation in the case. The agency sued Stokes, founder and former Red Sox pitcher Curt Schilling and others after 38 Studios went bankrupt. The state is responsible for some $87 million related to the deal.

Martland also says the EDC and governor's office are withholding some documents, claiming they're privileged, and MacBeth's investigation will be ineffective without them.

MacBeth said previously she would consider subpoenas as a last resort.