http://freep.com/article/20100419/NE...familys-assetsThe wife of ex-Detroit Mayor Kwame Kilpatrick plans to ask a federal judge to intervene in an ongoing restitution case between him and prosecutors, according to a draft of a document obtained by The Associated Press.....
It names Wayne County and Prosecutor Kym Worthy as defendants.
The document asks a judge to stop Wayne County and Worthy "from taking any further action to capture the assets of Plaintiffs to satisfy the restitution of Probationer, Kwame Kilpatrick."
"Plaintiffs also pray that the court issue a declaratory order holding that the assets of Plaintiffs cannot be used satisfy the restitution of Probationer," the draft reads.....
In the draft document, Carlita Kilpatrick argues that Wayne County and Worthy are seeking to force her husband to use money belonging to her or the couple's sons toward his $1 million restitution.....
Among the funds the documents claims are being sought for restitution is $39,000 in educational funds established in 1998 for each twin son and $34,000 established in 2002 for the youngest son. He also has been ordered to turn over the entire $23,369 from the couple's 2008 federal income tax return.
"Defendants are attempting to capture these funds despite the fact that these funds were established prior to the inception of the legal troubles of their father, Mr. Kwame Kilpatrick," according to the document. "Neither Plaintiff Carlita Kilpatrick nor the minor children are parties to the criminal proceedings pertaining to the probation of Kwame Kilpatrick."
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