We’re back in session at 1:38 p.m.
AS: the people think it is important to go through the lengthy record and would like opportunity of submit something in writing. We are told the transcripts won’t be available after Christmas to submit something in writing and a copy to the court.
Schwartz: I think your honor is far more adept than a lay jury. I do not think extending this is. We should just be done or have oral arguements, then your honor study and make a ruling. If we’re going to have written briefs, we do so in normal fashion to be the proseuctor put forth a brief by a certain date, then we have reasonable time to respond. Put time limits on briefs. Then if oral arguements are needed we can do them. I am willing to do what your honor wants.
Judge. I was pleasantly surprised the testimony is done today. Are you prepared for final arguement today?
AS: No your honor. We’d like opportunity to go over the numbers and then havve oral arguements.
Judge: With the holidays coming, what do we do?
AS: We would like one week after the transcripts become available.
Judge: takes court reporter outside the courtroom to discuss situation.
Judge: back on bench 1:45pm Court reporter will have transcripts ready on the 4th of January.
Judge: wants to know if there are going to be written and oral arguements it’s overkill. I heard the testimony.
defers to attornies.
Schwartz: says both is too much.
AS: The only thing we would put in writing in legal arguements. We need the opportunity as to the nature of the hearingand the consequences, it would be best if we did a brief and a pleading. I’m not intending to make an
Judge: I just don’t want to read any more documents, I’m all read out!
AS: you can limit us in pages.
Schwartz: we can do a legal ar
Judge: I feel I have a good grip on this case. The evidence is here. You have a choice, written or oral. Schwartz want oral arguements. I think you are better off with oral arguements.
AS: We do want oral arguements.
Judge: January 11th or 12th.
AS and Schwartz: 12th.
Judge: we should do it late in the afternoon 45 minutes. Arguing over they will need more time.
January 12th @ 1:30. each side gets an hour.
Judge wants to hear arguements, will review testimony and law… will come back another date. Won’t need much time but wants to take time to review arguements and the testimony.
Schwartz: requesting Kwame not be here for arguements.
AS: generally in any criminal proceeding, the defendent is there.
Judge: If he voluntarily waiving presence, the appellate issue solved.
Judge: asks Kwame whether he wishes not to be here.
KK: I very much don’t want to be here [audience laughs]
Judge: My decision a good question. Scheduled for January 20th…
KK: He is fine with 1/20
Judge: unless there are unforseen circumstances January 20th at 2pm I will render my decision.
Nothing further… before adjourn… I will see everyone on 12th. any issues come up please raise them asap.
Hearing complete.
12:42 p.m.
Next up, the prosecutor’s office wanted to put a forensic accountant on the stand. The accountant ended up in the hospital over the weekend and has not been able to work. The prosecutor’s office is now looking for a substitute, and requested one week’s time to present a report . Athina Siringas is representing the Prosecutor’s Office and pitched to allow this accountant to work on the report and give it to Schwartz to look at. Schwartz objected saying the information is already on the record. The Prosecutor’s office has had plenty of time to do this report. Schwartz said it is late in the day to make the presentation. He argues that a report is not subject to cross-examination. He would have to have a companion report made. This prolongs this process. He believes all of the information necessary is on the record and “we don’t need an accountant to message this.”
Judge Gronder denies request to delay this case any longer. First heard about this accountant last Friday. He indicated it was late notice and a surprise to the defense. The judge put requirements on the accountant that have not been provided. There are about 800 pages of testimony in this case. The Prosecutor’s office has gone into great detail of Kwame Kilpatrick’s finances and have considerable information in the court record. Groner does not want to delay process any further and is going to deny the request for this expert testimony.
Next up: What kind of hearing is this? I ruled, said Groner, this is a restitution hearing. Now Groner is asking the prosecution. He said “I can help you, I ordered a restitution hearing.” Prosecutor Robert Spada now pleading about a motion if defendant is placed on probation, any restitution ordered shall be subject to probation. The judge can revoke probation if the defendant has not made a good faith effort to comply with the order. The law says there is a wide range of possibilities for penalty.
12:23 p.m.
It’s 12:23 and the Kwame Kilpatrick restitution hearing; day 6 is still not underway. The former mayor arrived around noontime. He came in wearing a blue hat and winter coat and slipped into an anteroom. It appears he and his attorney Michael Alan Schwartz met for a few minutes. Kwame Kilpatrick then came out of the anteroom and went out of the courtroom. At 12:25, Judge David Groner took the bench and Kilpatrick was not in the courtroom. Then Kwame re-entered the courtroom. Judge Groner starts out the hearing by saying he worked very long and hard this morning. When he got to his office he was asked for a meeting with the prosecution and defense. He is now discussing the letter from Covisint regarding Kwame’s sales call that postponed this hearing in November. The letter Covisant sent is confidential and there is a gag order, but he wanted to make certain the Prosecutor’s office sees the letter, which it did. Prosecutors did not get a copy of the letter but did read it. There is to be no discussion of what was in the letter says Judge Groner. He finds the letter is satisfactory and he says the information in the letter is as Kwame Kilpatrick represented in court. He is satisfied with the result, that Kwame needed to be there for this meeting and there is a possibility of a $300,000 commission.
Kilpatrick’s attorney Michael Alan Schwartz asked for a closed-door sidebar outside the courtroom.
Groner asks the Prosecution if they want to hold a contempt hearing. They say no. Groner says “the defendant complied with the court order end of issue”!
December 9, 2009 at 5:31 pm |
The judge is being to easy on KK… watch his payments will be reduced.. How can anyone just walk out of the courtroom, be late after lunch.. come on!!!
December 10, 2009 at 9:01 am |
I am by no means an attorney, but after watching that circus for 6 days, it’s very clear, that K.K. is hiding money, has hidden assets, and should be held in contempt! This celebrity, type justice, just shows the common man, that with enough money, you are above the law.. Carlita, is NO saint,, where is justice for “Strawberry’s” family? Bunch of murdering thugs,, bringing the city down, fueling the race fight, and living in sheer luxury, in the interm, costing the city yet more money, then they have already stolen.. Come on Judge,, put that crook in jail, and his nasty murdering wife too! ENOUGH!