DETROIT - A three-judge panel will hear former Detroit Mayor Kwame Kilpatrick's appeal for a new trial.
Documents show oral arguments are scheduled for Jan. 13 before the 6th U.S. Circuit Court of Appeals in Cincinnati.
Kilpatrick wants his corruption conviction overturned. He is serving a 28-year sentence at a federal prison after a jury last year convicted him of two dozen crimes, from tax evasion to bribery. He appealed, saying there was a conflict involving his attorneys, among other reasons.
DETROIT (AP) - Former Detroit Mayor Kwame Kilpatrick is behind bars for the weekend for violating parole in a 2008 conviction that bounced him from office.
Kilpatrick reported to a Michigan Corrections Department facility in Detroit on Friday afternoon. He'll remain locked up there until Monday when he returns to federal court where he's on trial in a separate matter.
A judge says the names and hometowns of jurors will only be known by lawyers in the upcoming corruption trial of former Detroit Mayor Kwame Kilpatrick.
Federal Judge Nancy Edmunds says she's concerned about the privacy of jurors. At a hearing today, she said jurors will be identified in court by a number in place of their names to everyone except the lawyers.
Kwame Kilpatrick was ordered to pay one million dollars in restitution as part of his guilty plea to obstruction of justice charges while he was Detroit mayor. The same judge later determined that Kilpatrick was hiding his assets to avoid paying the restitution. He still owes more than 800 thousand dollars in restitution.
This Wednesday, the Michigan Supreme Court will hear arguments in a case that may determine if police officers have an expectation of privacy when they are doing their jobs.
It all started with a video.
Detroit city police and members of former Mayor Dennis Archer’s staff wanted to prevent a sexually explicit video from being played at a Dr. Dre concert in July 2000.
A camera crew for the rapper videotaped police officers saying they would pull the plug on the concert.
Former police officer, and current Detroit City Council president pro-tem Gary Brown, is seen on the video saying "we're going to shut this show down."
Eventually, Dr Dre decided not to show the video police were concerned about.
But the video of the police officers making their threats was put onto a concert DVD.
Thanks to YouTube user "snoopfroggydogg," you can see the "Detroit Controversy" videos here (WARNING: they contain images and words not suitable for younger viewers):
Detroit city officials sued, claiming the DVD makers violated Michigan’s anti-eavesdropping law by putting the video on the DVD without their permission.
The city officials and police officers claim their privacy was invaded by being videotaped and the video being shown publicly.
Attorney Herschel Fink represents the DVD’s producers. He says police officers have no 'right to privacy when they’re doing their job:
"I think the very essence of law enforcement is transparency...and I think this case has implications for mainstream news gathering and not just private citizens who are videotaping police berating them which was the case here."
Lower courts have tended to side with the DVD producers.
Here's some video of the release of the indictments from the Detroit News:
Update 4:28 p.m.:
Barbara McQuade, the U.S. Attorney in Detroit, had this to say of the new indictment:
“The indictment charges all of them with working together to abuse Kwame Kilpatrick’s public offices. Both his position as state representative, as well as his position of mayor of Detroit, to unjustly enrich themselves, through a pattern of extortion, bribery and fraud.”
Update 4:18 p.m.:
Here's an excerpt of the indictment (info in parens added):
"(Former Detroit Mayor) Kwame Kilpatrick, (Kilpatrick’s long-time friend) Bobby Ferguson, (Kilpatrick’s father) Bernard Kilpatrick, (former director of the Detroit Water and Sewerage Department) Victor Mercado and (Chief Administrative Officer then Chief Information Officer to Kilpatrick) Derrick Miller… extorted municipal contractors by coercing them to include Ferguson in public contracts, and/or by rigging the award of contracts to ensure Ferguson got a portion of the revenue from those contracts…. Ferguson got tens of millions of dollars in work and revenues from municipal contractors."
Update 3:39 p.m.:
Federal Prosecutors in Detroit are announcing more corruption charges against former Detroit Mayor Kwame Kilpatrick.
The indictments also include Kilpatrick’s father, Bernard Kilpatrick; former city contractor Bobby Ferguson; former Detroit Water Department head Victor Mercado; and former city official Derrick Miller.
Representatives from the FBI, IRS, U.S. Environmental Protection Agency, Department of Housing and Urban Development are also on hand for the announcement.
The new charges are a sign the years-long investigation into Detroit municipal corruption is approaching an apex.
Peter Henning is a Wayne State University law professor. He says this investigation has been typical of public corruption probes that slowly “work from the outside in.”
“The government’s committed a lot of resources. When that happens then it’s much more likely to see charges brought, simply because the government wants to see some return on its investment.”
Kwame Kilpatrick already faces federal tax evasion and other charges for allegedly using a non-profit civic fund as a personal slush fund.
Ferguson also already faces federal charges in an alleged city bid-rigging scheme.
The other shoe is finally dropping on former Detroit mayor Kwame Kilpatrick. The US Attorney in Detroit is holding a news conference at 4pm to announce indictments against Kilpatrick, his father Bernard, and others allegedly involved in city hall corruption in Detroit.
The U.S. Attorney's Office is considering prosecuting the mayor under the Racketeer Influenced and Corrupt Organizations statute, among other federal criminal laws, according to a source. The Department of Justice's Organized Crime and Racketeering Section reviews and approves each proposed federal prosecution under the RICO statute.
So far, 14 people have pleaded guilty to felonies and one person has pleaded guilty to a misdemeanor in connection with the Detroit investigation and a spinoff probe in the city of Southfield. Those convicted include former Detroit City Councilwoman Monica Conyers.