DETROIT - While Kwame Kilpatrick awaits a ruling on his request to overturn his convictions and set aside his prison sentence, he is detailing the reasons why he believes attorney Jim Thomas offered him bad representation which prejudiced the defense.
In his latest supplemental motion filed Tuesday to "vacate, set aside or correct" his sentence, the imprisoned ex-Detroit mayor claims Thomas' "deficient" performance left him with "no representation, at all, for critical portions of the trial."
"Jim Thomas (Trial Counsel) performance was deficient and that deficient performance prejudiced the defense," Kilpatrick's motion reads. "(I am) asserting that Trial Counsel should have been disqualified because of procedural rule prohibiting an attorney-witness to act as an 'advocate at trial.' The purpose of this rule it to present a situation in which at trial a lawyer acts as an attorney and a witness. And attorney is likely to be a necessary witness only where he has crucial information hin his possession which may be divulged. State differently, an attorney is a necessary witness where the information provided cannot be obtained through any other means, including through alternative witnesses. An attorney's testimony is considered 'necessary' if concealing it would prejudice the client or prevent the court from making a just decision. (I) was left with no representation, at all, for critical portions of the trial."
Kilpatrick details these "critical portions of the trial," including an April 2009 subpoena on behalf of the Kilpatrick Civic Fund. For starters, Kilpatrick accuses Thomas of receiving a subpoena and never sharing it with him.
View the full motion here:
Kilpatrick's original motion filed June 30 alleges that the court erred in providing the jury with incorrect instructions on the definition of “official act” and that a jury should have never found Kilpatrick guilty of the RICO conspiracy count. Six court errors are listed in the motion, including allegations of an incomplete verdict rendered by a jury, the inability for a court to set a proper restitution amount, impermissible hearsay being allowed during testimony and inadequate trial counsel.
Kilpatrick resigned from office in 2008 after pleading guilty to perjury. He was later found guilty on 24 of 30 counts, including racketeering and is serving a 28-year prison sentence. He also was ordered to pay $1,637,087 in restitution. Kilpatrick told the court in February that he doesn’t believe that he should have to pay because it’s impossible to calculate the amount of money he took from taxpayers.
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