Just as Kwame Kilpatrick is expected learn if he violated terms of his criminal probation, his wife is expected to ask a federal judge in Texas to protect her finances from his troubles in Michigan.
A document shows Carlita Kilpatrick is seeking to separate her assets and those of their sons’ from her husband’s, according to the Associated Press .
A draft of her court filing is addressed to the U.S. District Court for the Northern District of Texas. Her attorney, Bobbie Edmonds, said Monday night in an e-mail to the AP that the document will be filed today in Texas.
Carlita Kilpatrick claims defendants Wayne County and Prosecutor Kym Worthy are seeking to force Kwame Kilpatrick to use her and her sons’ financial resources as payments toward his $1 million restitution to the city.
Wayne County Circuit Judge David Groner in January denounced Kwame Kilpatrick’s claim that he had only $6 a month after expenses to pay restitution when prosecutors presented evidence he had more than $500,000 flowing through accounts controlled by the former mayor and his wife the year after his release from jail on charges stemming from the text message scandal.
Meanwhile, Groner will tell Kwame Kilpatrick today whether prosecutors proved he violated terms of his criminal probation.
Legal experts say evidence the former mayor hid assets has been overwhelming, and Groner already has made preliminary rulings that indicate Kilpatrick is guilty of misleading the court.
Another $240,000 payment toward restitution also is due today, but Kilpatrick has said he doesn’t have the money to pay it.
But, even if found guilty, Kilpatrick is unlikely to be sent behind bars today.
The most likely reprieve would be temporary, with a wait of a week or more for probation authorities to prepare a presentence report that would give Groner guidance on how much time, if any, Kilpatrick should serve.
A date for sentencing could be set for next week or early May.
After a sentence is pronounced, Kilpatrick’s lawyers can launch an appeal.
“It would be difficult to imagine that Judge Groner would find there has been no violation of the terms of probation,” said Professor Larry Dubin of the University of Detroit Mercy Law School .
“As far as what he will likely do, assuming my conclusion is correct, I wouldn’t be surprised to see Judge Groner order Mr. Kilpatrick back to jail, but not for an extended period of time. I think it may be more the proverbial wake-up call that he not only needs to be candid with the court and Probation Department, but also must exercise his best efforts in paying off the restitution.”
Kilpatrick’s spokesman, Mike Paul, said Monday that Kilpatrick has voiced no concerns to him this time about going to jail.
“Mr. Kilpatrick expects to be able to go back to work and pay his restitution,” Paul said.
Source:The Detroit News/Doug Guthrie
