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Kilpatrick, Beatty Set To Be Arraigned On Perjury Charges

POSTED: Monday, March 24, 2008
UPDATED: 1:47 pm EDT March 25, 2008

Detroit Mayor Kwame Kilpatrick and his former top aide, Christine Beatty, turned themselves in to be photographed and fingerprinted Monday afternoon after Wayne County Prosecutor Kym Worthy charged them with a total of 12 counts involving perjury, obstruction and willful misconduct in the text-message scandal.

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Worthy announced the charges in a speech Monday morning that was part civics lesson, part stump speech and all condemnation when it comes to the mayor's and the city's conduct during her investigation.

Worthy blasted the city's lawyer for what she called "deliberate obstruction" of her investigation and on the importance of telling the truth under oath.

Oaths, she said, "must matter and that's why witnesses take them. Every witness in every case."

Public trust was violated, she said, in a case that she emphasized was not about texting or sex.

"Even children understand that lying is wrong," she said. "If a witness lies ... people can literally get away with murder."

Kilpatrick and Beatty turned themselves in to the Wayne County Sheriff's Department in Westland on Monday afternoon to face charges.

The investigation, however, does not end with the mayor and Beatty, Worthy said. "Our investigation has led to other potential defendants."

In response Kilpatrick, reading from a prepared text, said Monday that he is "deeply disappointed" in the Wayne County prosecutor's decision, but he looks forward to "complete exoneration once all the facts in this case are laid forward."

"This has been a very flawed process from the very beginning," Kilpatrick said. "However, at the same time, I recognize that this is merely the first step in a process that I believe in that is grounded in a presumption of innocence that is guaranteed to each and every American citizen by the constitution of these United States."

Kilpatrick and Beatty are scheduled to be arraigned in 36th District Court on Tuesday.

State Rep. Carolyn Cheeks Kilpatrick, D-13th District, Kwame Kilpatrick's mother, released the following statement: "I am disappointed with the Wayne County prosecutor's decision. However, we must allow the process to run its course. The Mayor is entitled to a speedy and fair trial. I hope all involved will allow this case to be tried in a court of law."

In all, Kilpatrick faces the following charges: conspiracy to obstruct justice, obstruction of justice, misconduct in office, perjury in a court proceeding and two counts of perjury other than in a court proceeding.

Beatty is charged with conspiracy to obstruct justice, obstruction of justice, two counts of perjury in a court proceeding and two counts of perjury other than in a court proceeding.

A tired-looking Beatty sat in between her pastor Ronald Griffin and lawyer Mayer Morganroth as they talked about Monday's ordeal.

Morganroth said, "I would like our express profound disputations with the prosecutor's decision to issue a set of charges long in assertions and conjecture and short on facts and evidence."

Griffin said he was sad to hear the new developments and Beatty was devastated by Monday's announcement.

Many of the allegations named in the charges have to do with the firing of former Deputy Police Chief Gary Brown and an alleged conspiracy to cover up an investigation into the mayor's conduct into the matter.

Also, they have to do with the $8.4 million settlement the mayor reached with police officers in last summer's whistle-blower trial – a settlement that was allegedly reached to prevent romantic text messages between Kilpatrick and Beatty from being revealed publicly.

And they have to do with alleged perjury committed by both Kilpatrick and Beatty when they denied during last summer's trial that they had a romantic affair – a denial that was shown to be false when the Detroit Free Press released transcripts of romantic text messages.

During her news conference, Worthy alleged that the city's lawyers were blocking her investigation at every turn, implied that documents were being "lost or destroyed" and even had to go to the Michigan Supreme Court to obtain documents she had subpoenaed Jan. 31.

The investigation, Worthy said, clearly showed that public dollars were used and public trust trampled on.

For his part, Kilpatrick's attorney Dan Webb said that he is eager for all these allegations to go before a jury, where he predicted the mayor will be exonerated.

"After a jury has heard the actual evidence in a courtroom … the mayor will be found not guilty and he will be exonerated of each and every one of the charges," Webb said during a news conference Monday, with the mayor at his side.

The mayor, for his part, said he would not comment any further and will still focus on his economic programs for building the "Next Detroit."

Meanwhile, City Council will continue to investigate the mayor's conduct in the text messaging scandal surrounding his administration regardless of what Wayne County's prosecutor announces Monday, council member Kwame Kenyatta told Local 4 on Sunday during an appearance on "Flashpoint" with Devin Scillian.

Kenyatta, whose resolution calling on the mayor to resign was approved by City Council last week, told Scillian that there are two processes at work.

"One political and one legal," Kenyatta said. "The legal one is dealing with a crime that was committed based upon the law. The political one dealing with 'was there a violation of the City Charter or the Constitution,' in one's conduct in office. And I believe there was."

City Council President Ken Cockrel Jr., who would succeed Kilpatrick as mayor if he steps down, told reporters that he believes he and the other council members are of the same mind.

"We still have our regular daily duties and responsibilities. We're going to continue to do that," Cockrel said. "It wasn't something that was totally unexpected to me, except for the number of charges. However, certainly, it doesn't lessen the impact. This is a tragic day for the city."

When Worthy said she had no tolerance for deliberate obstruction, she was referring in part to Detroit city attorney John Johnson and Patricia Peoples, deputy director of human resources.

Both were in court on Monday, accused of not cooperating with the prosecutor's investigation into the mayor.

After a 45-minute, closed-door meeting with the judge and Johnson's attorney, Johnson came out saying he was prepared to remedy the issue and answer all questions.

Peoples showed up without an attorney said she was unaware of any subpoena and needed more time. That frustrated the prosecution team, which said the city was asked to produce the person who destroyed the documents they were seeking.

The type of documents were not discussed in open court. The city had 54 days to hand over those needed documents.

Oakland County Executive L. Brooks Patterson called the charges a 21st-century rerun of a classic Greek tragedy: fallen heroes, lost opportunities, unfulfilled promise.

"With tens of thousands of jobs lost, plants closing and people being forced out of their homes, it is the responsibility of us in leadership roles to stay focused at this hour on the important work before us."

Michigan Gov. Jennifer Granholm, a Democrat, has the power to remove local officials for misconduct, but spokeswoman Liz Boyd said Granholm believes "it's important the legal process be allowed to work," and doesn't plan to get involved at this point.

Worthy began her investigation in late January, the day after the Detroit Free Press published excerpts from 14,000 text messages that were sent or received in 2002-03 from Beatty's city-issued pager.

The messages called into question testimony Kilpatrick and Beatty gave in a lawsuit filed by two police officers who alleged they were fired for investigating claims that the mayor used his security unit to cover up extramarital affairs.

In court, Kilpatrick and Beatty strongly denied having an intimate relationship, but the text messages reveal that they carried on a flirty, sometimes sexually explicit dialogue about where to meet and how to conceal their trysts.

Kilpatrick is married with three children. Beatty was married at the time and has two children.

The city eventually agreed to pay $8.4 million to the two officers and a third former officer. Some of the charges brought against the mayor on Monday accuse him of agreeing to the settlement in an effort to keep the text messages from becoming public.

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