Kilpatrick faces probation issues
Detroit -- Former Mayor Kwame Kilpatrick will return to Wayne County Circuit Court next month to explain what Prosecutor Kym Worthy claims is his "flagrant" violation of probation.
Kilpatrick is expected to attend an evidentiary hearing set for Oct. 28 before Judge David Groner, according to the prosecutor's office.
Kilpatrick has failed to meet numerous terms of his probation and possibly misled the court by not fully disclosing his finances, according to a motion filed Wednesday by the prosecutor. Worthy also complains Kilpatrick improperly cut his monthly restitution payment in half last week without permission from the court.
"It is clear the defendant has willfully violated the terms and conditions of the court's orders," the prosecutor contends.
Worthy asked the court to increase Kilpatrick's restitution payments, "as will be reflected by his ability to pay once the court has an accurate understanding of the defendant's finances."
Judges have great latitude in handling felony probation violators. The options range from accepting an explanation, modifying the terms or even jailing a violator. The threat to Kilpatrick is that the charges to which he agreed to plead guilty last year still carry a potential prison sentence of up to five years.
Groner sentenced Kilpatrick last year after accepting guilty pleas to obstruction of justice and assault on an officer. The plea bargain allowed Kilpatrick to avoid trial on multiple felony charges stemming from the text message scandal. In exchange, Kilpatrick agreed to resign his office, serve jail time, give up his law license, not run for office during five years probation and pay $1 million in restitution.
In March, Groner additionally ordered Kilpatrick to fully disclose his financial assets. The judge established a monthly payment schedule based on 30 percent of what he was told would be Kilpatrick's income as a salesman for Compuware subsidiary Covisint. Payments were set at $6,000 per month based on income of $20,000 per month. But Kilpatrick this month reduced his payments to $3,000, claiming his paychecks have been cut in half.
Pay stubs obtained by The Detroit Newshttp://images.intellitxt.com/ast/adTypes/2.gif last week show Kilpatrick was paid $57,000 during his first six months working in Texas. Kilpatrick also took $60,000 in advances on anticipated bonuses and commissions. The advances have ceased, according to Kilpatrick's lawyer, Michael Alan Schwartz. He could not be reached for comment Wednesday
Worthy's motion says that Kilpatrick has failed the simplest terms of his probation and has hidden his real worth by not following court orders to reveal all assets in his name, in the name of his wife, Carlita Kilpatrick, and being held by unnamed third parties.
"The only financial information that he has disclosed to date is the two recent pay stubs from his employer," the motion states. "No other financial information has been provided to the court."
The prosecutor claims Kilpatrick has yet to surrender his $7,500 bond, failed to turn over proceeds of his city pension, and failed to assign proceeds of a state pension he earned while serving as a member of the state House of representatives before elected mayor in 2001. Kilpatrick was ordered to turn over the $7,500 so it could be applied to his restitution, but that hasn't happened, Worthy says.
Worthy wants an explanation of the gifts he received to pay his many lawyers more than $1 million in fees. She also said Kilpatrick may be misleading the court by claiming he is responsible for rent when his lawyer allegedly has said a third party is paying his rent.
"Clearly, when an unknown third party pays the cost of the defendant to live in a million-dollar mansion in a gated community, this is a benefit or gift worth more than $100," the motion claims.
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