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Prosecutor: If Mayor Resigns, 1 Assault Count Drops

Judge Enters Not Guilty Plea On Mayor's Behalf

POSTED: Thursday, August 21, 2008
UPDATED: 7:37 pm EDT August 22, 2008

Judge David Groner entered a not guilty plea for Detroit Mayor Kwame Kilpatrick Friday in the assault case against him.

Prosecutor Offers Deal To Mayor In Assault Case

Kilpatrick stood mute as Prosecutor Doug Baker proposed a deal that if the mayor resigns by Sept. 3, one of the assault counts will be dismissed.

"It's an offer we feel would satisfy the ends of justice," Baker told reporters outside the courtroom. "And if it can settle the case, then we would be happy with it. If not, then we go to trial."

The mayor's attorney said he will respond to the deal at a later date.

After the hearing, Jim Thomas, one of the mayor's attorney's said, "We're preparing for trial."

Wayne County District Court Judge Ronald Giles ruled Friday there is enough evidence for Kilpatrick to stand trial for allegedly assaulting a deputy and he was bound over to Circuit Court.

The ruling means Kilpatrick now faces trial on 10 felonies in two separate criminal cases in Wayne County Circuit Court.

The mayor is accused of shoving investigator Brian White into Investigator JoAnn Kinney on July 24 while the officers were trying to deliver a subpoena.

Last Friday, Kinney and White testified in 36th District Court.

White testified he injured his arm, neck and his hip when the mayor forcefully shoved him into Kinney.

"He grabbed me with both hands around my shoulders and he threw me into investigator Kinney," said White.

While White was on the stand, the defense played audio recordings of calls White made to the Wayne County sheriff's dispatcher after the alleged assault.

The defense attorneys said the tapes prove the recordings show the detective was not traumatized by the incident and he even joked about it.

Thomas noted that in the recordings White's tone of voice proves he was not shocked or shaken by the events.

Thomas also said that the "jokingness" in White's voice shows his intentions and the real reasoning behind the charges that were brought before the mayor.

Earlier Friday, Kinney testified they were ordered to serve a subpoena to Kilpatrick's friend Ferguson to serve as a witness for Kilpatrick's upcoming perjury and obstruction of justice trial.

The investigator said they saw a truck with "Team Ferguson" on it at 7435 LaSalle Street in Detroit.

The home belonged to the mayor's sister. The investigators identified themselves to the mayor's security detail, and were escorted to the porch.

Kinney said that Ayanna Kilpatrick's husband, Daniel Ferguson, came to the door, and then they heard screaming and expletives coming from inside the house.

Kinney said Kilpatrick came storming through the door, grabbed detective White and pushed him into her.

White said Kilpatrick continued to scream profanities at them and said, "Get the (expletive) out of here. Leave my (expletive) family alone. Get off my (expletive) porch."

White said he responded to the mayor by saying, "Our intention is not to harass your family."

Both investigators said Kilpatrick, who is black, repeatedly used the F-word and made racial remarks while demanding they leave his sister's property. White is white.

"You're a black woman," Kinney quoted the mayor as saying. "You should be ashamed of yourself being with a man with the last name White. You should not be a part of this."

Jim Parkman, one of the mayor's attorneys, said he would prove Kilpatrick was "set up" by officers working for the prosecutor's office.

The mayor faces two felonious counts of assaulting or obstructing a police officer in the furtherance of their duties.

If convicted, Kilpatrick would face up to two years in prison, and as a convicted felon would no longer be able to serve as Detroit's mayor.

Soundoff: on new charges against mayor here.

The mayor spent a night in jail two weeks ago for violating his bond terms when he went to Canada on a quick business trip on July 23, without notifying prosecutors or the court.

Jackson ruled the mayor could be released from jail, but issued a new bond. The mayor was told he must pay a $50,000 cash bond, no longer will be able to travel, and will have to wear a tether.

To read full story about judge's ruling click here.

The two parties will be back in court on Monday at 2 p.m. to discuss bond terms. The mayor is hoping a judge will lift his travel restrictions so he can travel to the Democratic National Convention in Denver. It begins Monday and runs through Thursday.

Kilpatrick is already facing perjury, misconduct and obstruction of justice charges for another incident in which he is accused of lying under oath while testifying at a whistle-blower lawsuit last year.

The mayor appeared in court on those charges last Thursday where he and his former chief of staff, Christine Beatty, both pleaded not guilty.

To read the full story on that court appearance click here.

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