Fiore: $50,000 given to Mr. Ferguson, $25,000 payments made through a PAC to Kilpatrick’s campaign. In the case of the $25,000, he was hoping to get something in exchange for that.
Thomas received a witness list June 2nd 2012 with Fiore on it.
Three months before. That’s not trial by ambush.
The court must look at the timing of the motion. Look at the communication break down and see if there is an adequate defense. He can’t say he’s no longer speaking to his attorney anyone can say that on the eve of trial.
10:05 a.m. Kilpatrick, judge debate
Judge: You have a legal education.
Kilpatrick: You’re right, I do have a legal education IT WAS unceremoniously taken from my by the bar. WE were being investigated for campaign finance violations. In Jan. 2011, I was sitting in a PRISON talking about campaign finance investigation. I thought he represented Mr. Fiore that he represented him on the $25,000 campaign check.
Judge: “YOU KNEW that issue was in the superseding indictment. Did you read it?”
Kilpatrick: I’ve never tried a criminal case. I’ve never looked at discovery I’ve trusted my lawyers to do their jobs. This time I’m not doing that. I’m going through each thing, timelines and everything.
IF there was representation of Mr., Fiore on a check to my campaign, it seems that should have come up in 2008, 2009, 2010. It never came up. Mr. Thomas kept the confidence of Mr. Fiore very very secure. All of this was shocking information to hear on Aug. 7 There was a tremendous lack of trust building between him and I. I absolutely do not trust the government. He says he has conversations with the government before me.
I believe this trial by ambush strategy is - we have ended in shouting matches. I don’t trust that he’ll be aggressive in going after them, I don’t trust he’ll be aggressive in finding the real truth in this case.
Judge: In camera hearing, first thing to come out of your mouth is how much you love and trust Mr. Thomas. You love him, he represented you on many many matters and was your man going forward.
Kwame: I DO love him. I do trust him. He has put in work. When my mother cuts a Thanksgiving turkey, she doesn’t close her eyes and selects a knife. You can’t cut a turkey this way. I am not willing to take his advice.
9:52 a.m. Kilpatrick says witness is key to defense
Kwame Kilpatrick speaking: I didn’t have access to the tremendous amount of information gave us (prosecution).
First thing he said to me that stuck me as odd is that, “We already talked.” I said “Who is we?” I never knew of a conflict here. He never said to me that he may not be able to cross examine a witness.
I did my own study going through the discovery. His first conversation was with the government. I would like to hear WELL in advance that there may be a problem here.
WE left the call we were having with, "I will call you back." No call last Thursday Friday Sat Sun Monday – Monday I called and said, “Jim, what’s going on?” He said, “Oh the court has agreed to the independent council.”
I said “Jim, I don’t agree with that strategy. What I found is going through the witness list and discovery I found relationships there that would absolve me of ANY guilt.”
Judge: There was no agreement., It was raised that there was a situation that needs to be addressed. There was no agreement that did not include you. I want everyone in this court to know.
Kilpatrick: Tuesday I told him I did not agree with the independent council strategy. We wrote an email together., When we started the in-camera hearing last week it was first time I have ever heard that Mr. Thomas represented Gasper Fiore before he represented me.
Thomas: I’ve been preparing for this trial 3.5 years but I ask for you to allow me remove myself.
9:50 a.m. Kilpatrick doesn't want Thomas to continue
James Thomas: Kilpatrick does not wish for me to go forward for him.