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Mayor Ordered $50,000 Cash Bond, Tether

Mayor No Longer Allowed Travel

POSTED: Friday, August 8, 2008
UPDATED: 1:48 pm EDT August 11, 2008

Judge Thomas Jackson has ruled Detroit Mayor Kwame Kilpatrick released from jail, but issued a new bond.

“I don’t believe it should be a complete and total remand without any type of bond,” said Jackson. He said he agreed with why Judge Ronald Giles made the decision he did based on the information he had and did not feel Giles abused his discretion in sending Kilpatrick to jail.

  • CLICKON SOUNDOFF HERE: Judge's Decision

    Jackson ruled the mayor to pay a $50,000 cash bond, no travel and a tether to alert the court of his whereabouts.

  • Watch Complete Judge's Ruling

    After spending the night in the Wayne County Jail, Kilpatrick appeared before Jackson to appeal Judge Ronald Giles' decision after Giles sent the mayor to jail Thursday for failing to notify the court of his trip to Canada and violating the terms of his bond.

    Jackson said he reviewed a transcript of Thursday's bond hearing and began hearing arguments around 9:30 a.m. on Friday from both the defense and the prosecutor before ruling if Giles abused his discretion when he sent Kilpatrick to jail.

    Kilpatrick's attorney James Parkman argued that to just remand someone without a bond was an abuse of discretion due to the nature of the crime. He said that should only happen with people who are being tried for murder, treason, armed robbery and other violent felonies.

    "If you are not dealing with a violent criminal, a judge can change the bond, but cannot remand the bond completely," said Parkman.

    Parkman told the judge that he felt it was partially his fault. " I did not envision that he would at some point need to go over to Canada. I should have predicted that," Parkman said.

    Judge Jackson cut Parkman off and told him that the mayor is an intelligent man and runs a city, he should have known himself.

    "You don't need to nurse maid him," Jackson said.

    "He is entitled to a reasonable bond. He is not a flight risk," Parkman said.

    Wayne County Prosecutor Robert Moran argued that this issue of Kilpatrick's failure to notify the court on travel plans has taken place before. He explained this was not the first time he felt the mayor did not follow the terms of his bond.

    Moran said he did not feel Giles abused his discretion. He said he listened to the arguments, he listened to the defendant and made a decision based on that.

    Moran also argued that the mayor was entitled to a reasonable bond, but he lost that right when he did not follow the conditions of that bond.

    Judge Thomas issued his ruling and told Kilpatrick he did not want to see him back.

    On Thursday, Giles sent him to jail and revoked his bond and suspended all travel.

    "If it was not Kwame Kilpatrick sitting in that seat, if it was John Six-Pack sitting in that seat, what would I do? And that answer is simple," Giles said.

    WATCH LIVE: Mayor Appeal Hearing

    During Thursday's bond hearing, before Giles made his decision, Kilpatrick addressed the court and apologized for violating his bond conditions when he went across the border last month to push the sale of the city's half of the Detroit-Windsor Tunnel.

    "Your Honor, I am asking for your forgiveness. It will never happen again," he said.

    He told Giles that he violated his bond to save the city and close a $300 million deficit facing the city.

    Kilpatrick continued to praise Giles and the court.

    "I respect the heck out of you for taking this case under all this scrutiny," he said humbly. "I apologize. This was not at all affront to you or the court. I don't believe there is a person who has ever been through this process that respects it more than I do."

    Kilpatrick also said he has been under intense pressure to continue to run the city and bear the burden and media parade of the trial.

    "My life has been revolutionarily transformed and it's transforming in front of the eyes of these media people who don't know me at all," he said, referring to what he called intense scrutiny. "Your honor, I ask for your forgiveness...it will never happen again."

    Watch Complete Kilpatrick Apology To Judge

    Thomas acknowledged the mayor violated the terms of his bond, but said it was an emergency.

    The judge asked, "Who was sick? Who was dying?"

    "The city of Detroit was sick," Thomas said, referring to the $75 million deal the mayor said would help balance Detroit's budget.

    A Windsor Star photographer snapped pictures of Kilpatrick in Windsor two weeks ago, the day he allegedly assaulted a Detroit police officer.

    Kilpatrick said he had an emergency meeting with Windsor officials after the Detroit City Council voted against the tunnel deal, which would sell Detroit's half of the international border to erase a $65 million budget deficit and avert layoffs of city employees.

    At the time Kilpatrick's bond terms stated he can leave the state, but he must give the court a sealed envelope with his travel plans at least 48 hours before the trip.

    After Kilpatrick's apology, Prosecutor Moran denied the mayor's sincerity and said he was only taking responsibility because he got caught.

    "He thought he got away with it," Moran said.

    Moran continued to say that he felt the mayor has not taken the entire process seriously.

    Giles recognized Kilpatrick's mayoral duties are important, but said his relationship with the court should be his first priority.

    Judge Orders Mayor To Jail

    Newly appointed Deputy Mayor Kandia Milton will act as mayor while Kilpatrick is incarcerated.

    Milton will continue to act as deputy mayor until Nov. 30.

    He called a news conference Thursday to assure citizens Detroit will run at an optimum level. He also said he has spoken with Kilpatrick since he was jailed and he continues to be positive about serving the city and he is in "good spirits."

    Wayne County Prosecutor Kym Worthy expressed her approval of Giles decision in a statement Thursday. "I think it was most appropriate for Judge Giles to take action regarding Defendant Kilpatrick’s bond considering his most recent behavior. Judge Giles treated this defendant as any other defendant would have been treated," she said.

    “It’s a real, real tragedy,” said Detroit City Council member Sheila Cockrel. “It’s a tragedy for the mayor, his family and the city.”

    CLICKON SOUNDOFF HERE: Judge's Decision

    Both Kilpatrick and his former chief of staff are being tried for perjury.

    They are accused of lying about having an intimate relationship and their roles in the firing of a police official.

    Both deny the charges.

    But excerpts of sexually explicit text messages recovered from Beatty's city-issued pager and first published in January by the Free Press contradicted their testimony.

    The judge bound the two over to Wayne County Circuit Court for the criminal proceedings.

    They are scheduled to be arraigned in Circuit Court on Aug. 14.

    Wayne County Prosecutor Kym L. Worthy released the following statements Thursday regarding the mayor’s decision to waiver his right to a preliminary examination.

    “The defense team can spin it all they want. However, they have conceded that there is ample evidence to send this case to the Wayne County Circuit Court – Criminal Division. We are very pleased that the defense has acquiesced and enabled the process to move forward.”

    The mayors deputy press secretary James Canning released this statement.

    "We are satisfied with the court's ruling today. Mayor Kwame Kilpatrick is still the Mayor of our city and will continue to do the work the residents of Detroit elected him to do. "

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