Kwame may be a billionaire

Buy American · February-06-12, 08:58 PM

http://www.clickondetroit.com/news/i...z/-/index.html

Please tell me this is just a dream.

**firstandten** · February-06-12, 10:18 PM

Based on Willie Gary's history of winning big awards I wouldn't take anything he says lightly.

The one thing you notice is that Atty Gary doesn't have anything to say about Kwame's other legal matters and he carefully separates the civil case that he's doing and Kwame's other issues.

**Lowell** · February-06-12, 10:21 PM

This article tells more. The leaking of the Skytel messages to the Freep had to have involved a an illegal act. The Freep never disclosed their source. So, no matter how much you dislike KK, there are grounds for a suit, if nothing else than negligence by Skytel for not securing the messages. But with no perpetrator, it is going to a long foggy fight. He could win something or maybe get a settlement. But a billion? Good luck.

Now if Gary could get the leaker to sing and his song involved complicity by Skytel's employees, the sky's the limit.

**detroitpride313** · February-06-12, 11:44 PM

It seems like every time I check the news there is some article about Kwame

...I wish he would just go away...however, I guess this lawsuit could be a good thing because that would hopefully mean that the city would get paid the restitution money he owes.

**Hypestyles** · February-07-12, 01:13 AM

...since the pagers were city-owned, weren't the messages, by default, technically public domain..?

..anyway, I suspect that even a settlement would not expedite his restitution payments to the city. If anything, he would probably seek an angle to continue stalling under the premise that a lawsuit settlement claim is not "work related income" or something..

In any case, whenever this case goes forward, expect local news outlets to cover it regularly.. sigh..

**Wesley Mouch** · February-07-12, 01:19 AM

Originally Posted by Hypestyles

...since the pagers were city-owned, weren't the messages, by default, technically public domain..?

..anyway, I suspect that even a settlement would not expedite his restitution payments to the city. If anything, he would probably seek an angle to continue stalling under the premise that a lawsuit settlement claim is not "work related income" or something..

In any case, whenever this case goes forward, expect local news outlets to cover it regularly.. sigh..

Perhaps not 'public domain' --- as that is a legal term that means some particular things -- but in my opinion, every act and utterance by any public official should be public record.

I do, however, believe in a reasonable system of delaying the release of certain information, and in early disclosure also when appropriate.

Main point--- public officials should remember at every moment that they serve the public.

**CLAUDE G** · February-07-12, 01:33 AM

Just one of the perks for being Mayor of the city of Detroit, you get your cell phone paid for every month.

He would have been better off to pay the bill himself.

On one hand, I think since the city is paying the bill, this is no different than the city requesting emails from city computers.

I think Kwame has a good case, but when I think its going to come down to a settlement and there will just be enough money to pay everyone off so Kwame can walk away not owing anyone anything.

A billion dollars? I can't see that happening.

**iheartthed** · February-07-12, 08:23 AM

Kwame Kilpatrick left Detroit nearly 4 years ago and Detroit media still follows his every move...

I haven't been following the story too closely but I don't understand how he has a suit against Skytel if the contract was with the city of Detroit. Did he have a separate personal agreement with them?

**Scottathew** · February-07-12, 09:01 AM

I hope he doesn't get a dime. Kwame is such a disgusting human being.

**Cincinnati_Kid** · February-07-12, 10:28 AM

Originally Posted by 48091

I hope he doesn't get a dime. Kwame is such a disgusting human being.

I don't like it anymore than you do, but as a previous poster said, Willie Gary is one of the most successful lawyers in the US. It might not be 1 billion but, but Kwame is going to get paid.

**bailey** · February-07-12, 10:36 AM

Originally Posted by iheartthed

Kwame Kilpatrick left Detroit nearly 4 years ago and Detroit media still follows his every move...

I haven't been following the story too closely but I don't understand how he has a suit against Skytel if the contract was with the city of Detroit. Did he have a separate personal agreement with them?

no, which is why Willy's bravado is just standard lawyer b.s. The texts were on the city issued pager. I havent looked closely at the suit, but the ECPA has some very wide loopholes.

Three key exceptions allow employers to monitor employee e-mails and text messages without violating ECPA or SCA. Under the "business use" exception, equipment used in the ordinary course of an employer’s business, such as company-owned computers, cell phones and pagers, are not considered electronic communication systems or devices by which electronic communications protected under ECPA may be transmitted. The "service provider" exception, which permits the provider of an electronic communication service to intercept or access electronic communications transmitted or stored by that service in the normal course of its business, means that an employer may monitor employee e-mails that are transmitted or stored by a company-owned computer system.

The "consent" exception permits employer monitoring of employee e-mails and text messages where one of the parties to these electronic communications has given prior consent to the monitoring. Employee consent to such monitoring may be implied when company-owned computers, cell phones or pagers are used, but express consent for such monitoring may be obtained from employees by having an electronic communications policy that allows monitoring and getting employees to acknowledge the policy in writing.

Right now there is a split of authority over what sort of privacy one can expect on items of technology one doesn't own and there is a further split on if Government employees have less protections by virtue of being employed by the taxpayers. This is anything but a "slam dunk" and he's years...maybe decades from final resolution.

One thing is for sure... lawyers like Kwame's don't become rich by winning cases in court, they get rich by getting the best out of court settlement possible. This case will be appealed whomever wins . Appeals don't put gas in Willy's Bentley.

**DownriverGRap** · February-07-12, 11:40 AM

I do not think that there is a reasonable expectation of privacy using a device that the City was paying for him to use. For that matter, my employer can monitor my internet use while I am on their computer and using their internet. Why should he be any different?

**ejames01** · February-07-12, 11:44 AM

Where the heck would Skytel get a billion dollars from? This does not appear to be a large corporation.

http://www.americanmessaging.net/

**7miledog** · February-07-12, 01:45 PM

A couple of possibilities come to mind: 1) KK and WG obtain a verdict by trial for some exorbitant amount [[such as $1B), and Skytel files for bankruptcy protection; 2) KK loses due to exceptions to the protection normally afforded under the relevant statutes; or 3) KK obtains some type of award, whether by trial or settlement, gets sentenced to 20 years in prison, and Carlita becomes the sugar-momma of the century for some lucky [[?) devil.

**Gannon** · February-07-12, 03:34 PM

Bankrolling the big-headed boys return to the city, and politics...pissed.

OMG, did Bobby Ferguson reproduce?!

**Gannon** · February-07-12, 03:36 PM

we might've only forestalled the Kilpatrick juggernaut for merely a generation

if there is a Bam-bam Ferguson or two running around...they'll have their demolition crew.