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Judge Rules Mayor Did Not Violate Bond

POSTED: Sunday, August 10, 2008
UPDATED: 6:37 am EDT August 13, 2008

Judge Ronald Giles on Tuesday ruled that Detroit Mayor Kwame Kilpatrick did not violate terms of his bond in an assault case, a day after being released from jail following a bond violation in his perjury case.

Judge: Mayor Did Not Violate Bond With Family Visit

The mayor, his wife, Carlita, and his attorneys, including Dan Webb, entered 36th District Court in Detroit about 9 a.m. Tuesday to hear if the judge agreed with the Michigan Attorney General's office on whether Kilpatrick violated his bond terms by coming in contact with his sister, Ayanna Kilpatrick, on Saturday while the mayor was visiting his mother, who lives next door.

It is the first court proceeding Carlita has attended.

The motion filed by Doug Baker, a special assistant with the attorney general's office, asked for thearing and for the court to amend the conditions of Kilpatrick's bond as it deems appropriate.

Giles is the same judge who ordered the mayor to jail last Thursday, for another bond violation in a perjury and obstruction of justice case. The mayor spent the night in jail.

The motion filed by Baker said that in the perjury case Kilpatrick has "demonstrated an inability to adhere to reasonable bond conditions and has had his bond in that case modified several times in response to violations."

The mayor's sister and 11 other people will be called to testify in connection with an incident in which the mayor had a confrontation with a deputy sheriff and an officer working for the prosecutor. They were serving a subpoena when the mayor allegedly shoved one of the officers on July 24.

Download: Assault Witness List

See: MSP Report

Attorney Jim Thomas said Magistrate Renee McDuffee clarified Friday that Kilpatrick could have contact with his sister.

The judge agreed.

"I see no violation with regards to him having contact with his sister," Giles said. "At this point, the court is not finding any violation of the bond."

He said because Ayanna Kilpatrick is not in fear of the mayor, he did not see an issue with the mayor seeing her or members of his Executive Protection Order bodyguards.

He did clarify the terms continue to include the two plaintiffs in the case, Detective Brian White and Investigator Joanne Kinney.

Judge Giles said the bond put into place by McDuffee on Friday will continue.

Kilpatrick's attorneys released a statement clarifying their position on the bond terms.

"On Friday, Aug. 8, the mayor's legal team clarified with Magistrate McDuffee -- as well as Prosecutor, Baker that the mayor is indeed allowed to interact with his sister, his brother-in-law and the executive protection unit. The attorney general appears to be ignoring both the magistrate and his own prosecutor. Therefore, one has to assume the true motivation behind this action is to build campaign support for the next election and divert attention away from his own 'personal issues' that 'may' stand in the way of his ambitions."

Kilpatrick was charged on Friday with two counts of felony assault in that case.

Giles will also preside over the preliminary exam in the assault case on Friday.

On Thursday, the mayor and his former chief of staff, Christine Beatty, will appear before a Circuit Court Judge Margie Braxton on the original case of perjury, obstruction and conspiracy. That's the first step in the process of going to trial.

Prosecutors say text messages contradict their denial of an affair, a key point in a trial involving a former deputy police chief who claimed he was illegally fired.

ClickOn SoundOff: on new charges against Mayor here.

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