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Kilpatrick Probation Violation Hearing Set

Judge Kenny: Groner Will Remain On Case

POSTED: Tuesday, March 9, 2010
UPDATED: 7:42 pm EST March 11, 2010

Former Detroit Mayor Kwame Kilpatrick will face the Wayne County judge he fought to have removed from his case for a probation violation hearing at the end of this month.

Chief Wayne County Circuit Court Judge Timothy Kenny denied Kilpatrick's appeal to remove Judge David Groner from his case, so Kilpatrick will appear before Groner on March 24 at 10 a.m. for a hearing in the ongoing restitution case.

Outside of the courtroom Kilpatrick did not answer any questions, but his new spokesman, Mike Paul, said his client was looking forward to returning home to Texas to be with his family.

Just before the impromptu post-hearing news conference, Paul snubbed Local 4 reporter Paula Tutman when she tried to ask Kilpatrick a question.

"Well, there you have it. The PR guy tried to elbow me out of the way," said Tutman on live TV.

Paul also told reporters that Kenny's ruling was a "partial victory." "What we were seeking all the time was fairness, accountability," Paul said. "And the judge added something that was just as important: 'swiftly.' And that's what we feel we're going to have now. Judge Groner, we feel that he will deal with us in a more just and accountable way."

Kilpatrick is accused of violating his probation by failing to fully pay $79,011 toward his $1 million restitution by Feb. 19. He was arraigned on the probation violation Tuesday but was told to stay in Detroit until the disqualification issue could be settled.

Kilpatrick arrived to court just before 9 a.m. and went into Kenny's courtroom for the 20-minute hearing.

Kenny said that after reviewing the transcripts of Tuesday's hearing where Groner refused to remove himself from the case at the request of Kilpatrick's attorney, Michael Allen Schwartz, he sided with his fellow judge.

Schwartz had cited three main reasons why Groner, who presided over Kilpatrick's original perjury case and a series of restitution hearings, should step aside.

Schwartz accused Groner of having a secretive meeting with Wayne County Prosecutor Robert Spada, when he came to ask Groner to sign an arrest warrant for Kilpatrick. He also said he was uncomfortable with the fact that Groner's brother-in-law is chief assistant prosecutor for Wayne County, Richard Hathaway. Schwartz also said Groner is biased against Kilpatrick.

Groner explained that he never had a secretive meeting with Spada and that when Spada presented him with an addendum to Kilpatrick's arrest warrant, which included more accusations against Kilpatrick, he had his clerk bring back the document to his desk, and then he signed it and gave it back to his clerk.

"I never saw him," said Groner. "That was the contact I had with him, which is no contact. You allege I had a secret meeting."

He denied that his brother-in-law's relationship would interfere with the case and denied that he had a personal bias against Kilpatrick.

"I have no relationship with him (Kilpatrick). I know of him, but I have no personal relationship," said Groner.

Kenny said he did not agree and denied their motion to remove Groner from the case.

"The defense motion for disqualification for judge Groner is considered and the motion for disqualification is denied," said Kenny.

Kenny asked the defense how long he believes the probation hearing will take place.

“I believe it will take one day,” said Schwartz.

Kenny urged the probation hearing to take place swiftly and said he would take over Groner’s arraignments for the day to help move it forward in a timely manner.

Kilpatrick was arraigned Tuesday on those charges where Kenny entered a not-guilty plea on his behalf and set a $10,000 bond.

Watch: Kilpatrick Released On Personal Bond
Watch: Kilpatrick: What's Next After Probation Violation
Watch: Kilpatrick Facebook Group Gaining Members

On Tuesday, Schwartz and Kilpatrick stopped briefly outside the courthouse to talk to reporters about why they thought Groner could not be fair.

"In Judge Groner's court, I was not allowed to make statements. I was cut off. I couldn't even make statements to begin with," Schwartz said.

Kilpatrick, backed with his attorneys and public relations representative, said he's tired of going through the motions.

"I'm so sorry that the city has to go through this. I'm sorry that the city has to continue to be bound by this," Kilpatrick said. "If there's anyone out there who believes in their heart that I don't want to pay this, it's just not true. It's a lie. I want to pay this more than I want to do anything else."

When asked if he was worried about the possibility that he might return to jail, Kilpatrick replied, "I'm concerned only about there being an unfair process, an injustice," he said.

Kilpatrick joked that he wouldn't mind playing a lottery game to win some extra cash.

"I stay up every night thinking how I can find $870,000 laying on the ground, or somebody would just pay it, or I could just come up with it or I hit the Powerball," he said.

Kilpatrick Faces Additional Charges

In an affidavit filed Monday by the Wayne County Prosecutor's Office, new accusations against Kilpatrick were outlined. Prosecutors claim Kilpatrick failed to disclose the sources of $40,223 paid on his behalf several weeks ago, toward his $1 million restitution to the city.

PDF:Prosecutors File Supplemental Allegations
Watch: Kilpatrick Supporters' Names On Money Trail
Watch: PR Specialist Joins Kilpatrick's Team

Kilpatrick had said he cannot make the inflated payments February and another $240,000 by mid-April, which Groner ordered in January after a series of restitution hearings. He was only able to come up with $40,223, which was paid in the form of money orders and bank checks.

Included in the document that was filed Monday were 89 photocopies of those bank checks and money orders.

Some have names but it's not clear if they were the actual sources of cash. Many of the money orders are signed by Kilpatrick's relatives, including his sister, Ayanna Ferguson, his brother-in-law, Daniel Ferguson, his grandfather, Marvel Cheeks, and his aunt and uncle, Marsha and Ray Cheeks.

Others came from friends and longtime supporters.

"From the perspective of his money, he has a catch 22. He has to make sure he's paying back the money as soon as possible but at the same time he has to provide for his family," said Paul.

The Michigan Department of Corrections ordered the arrest warrant for Kilpatrick on Feb. 23.

The Michigan Court of Appeals temporarily halted plans to have Kilpatrick appear for arraignment on Feb. 26, and just last week the higher court rejected Kilpatrick's appeal.

Amid the court procedures, Kilpatrick hired a high-profile public relations firm out of New York to represent him.

"We have a message to both the prosecutor and the judge, it's a two-way street now. We understand that you're up for re-election, we wish you well with that, but you're not going to do so on the back of a man who has already paid his debt," Paul said.

Paul would not disclose who was paying for his services.

"I know Mr. Kilpatrick, he's a friend. I can tell you that friends, at a minimum, don't charge full prices. We'll leave it at that," he said.

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