Judge denies Kilpatrick’s request for bond

By Tresa Baldas

Detroit Free Press

 

DETROIT — A federal judge has denied Kwame Kilpatrick’s requests for bond, ruling that the former Detroit mayor should remain locked up pending sentencing, because he has not proven that he can be trusted not to flee.

And as for Kilpatrick’s mother offering her home as collateral, U.S. District Judge Nancy Edmunds said the offer wouldn’t suffice and sided with the government, which fought to keep Kilpatrick locked up pending sentencing in the public corruption case.

“As the government correctly states … (Kilpatrick) fails to identify the value of the property or his mother’s equity in it. More important, however, the local rules for criminal cases in the Eastern District of Michigan, as well as this district’s longstanding custom and practice, explicitly disfavor the posting of real property as collateral for bond in criminal cases,” Edmunds wrote.

She added, “Furthermore, as the government established at the March 11 detention hearing, defendant Kwame Kilpatrick has demonstrated repeatedly that he accepted money from business leaders and family members, while at the same time lying to and misleading the courts about his assets and ignoring the direction of his probation and parole officers to report income and gifts. Despite (Kilpatrick’s) repeated argument that he has fully complied with the bond conditions set by this court … the evidence is to the contrary.”

According to Edmunds, one of the conditions for his bond is that Kilpatrick abide by all state parole conditions. But during his trial, she wrote, Kilpatrick violated his parole by failing to report gifts he had received, and as a result, spent the weekend in jail and was tethered.

She concluded: “The court finds that defendant Kwame Kilpatrick has not satisfied the burden of demonstrating by clear and convincing evidence that he is not a flight risk … As the government established at the detention hearing, defendant Kwame Kilpatrick has a history of lying to or misleading the courts, as well as his probation and parole officers, including lying about his assets.”

In her seven page ruling, Edmunds did not address Kilpatrick’s latest argument for release: that he has seriously injured his knee in prison and isn’t getting proper medical attention. Kilpatrick’s lawyer, James Thomas, wrote cited his injury in court documents on Tuesday, using it as one reason Kilpatrick should be released. Thomas also argued that Kilpatrick is broke and has no funds to flee, and, that his client is too high profile to be able to flee without someone recognizing him.

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