UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

Transcription

1 2:10-cr NGE-MKM Doc # 296 Filed 03/26/13 Pg 1 of 5 Pg ID 4615 UNITED STATES OF AMERICA, UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION v. Plaintiff, Hon. Nancy G. Edmunds Case No KWAME M. KILPATRICK, et al Defendant. / DEFENDANT KWAME KILPATRICK S REPLY TO THE GOVERNMENT S RESPONSE TO HIS CONSOLIDATED MOTION AND MEMORANDUM IN SUPPORT FOR A HEARING TO ALLOW THE DEFENDANT KWAME M. KILPATRICK TO BE RELEASED ON BOND PENDING SENTENCING NOW COMES Kwame M. Kilpatrick, by and through his counsel James C. Thomas and Michael C. Naughton, of counsel to O Reilly Rancilio, P.C., and files his reply to the response made by the Government on his Motion for Bond Pending Sentencing in this matter. 1. As this Honorable Court is aware, Mr. Kilpatrick has been in trial since September of He has had no meaningful way either to work or secure income during this period of time, save a few lectures which had been arranged prior to the trial. He does not have means to post a bond nor does he have any security for a bond; since he had been divested of his assets in the Wayne County matter. 1

2 2:10-cr NGE-MKM Doc # 296 Filed 03/26/13 Pg 2 of 5 Pg ID Mr. Kilpatrick is indigent. He owns no property nor does he have access to cash with which to secure a bond other than the recognizance bond which apparently was sufficient to secure his presence each and every day there has been a proceeding or a requirement that he report to Pretrial Services. 3. Mr. Kilpatrick filed a renewed Motion for Bond. He has been incarcerated at the Milan Detention Center for approximately three weeks and has presented new facts for this Honorable Court's consideration. Since his detention, his mother has agreed to post her home on LaSalle Blvd, Detroit, MI, which, contrary to the government's representation, has no encumbrances, as collateral for a bond for her son. As the Court knows, Mrs. Carolyn Cheeks Kilpatrick is a former Congresswoman and has an impeccable reputation from her years of public service in the United States Congress and before. She supports her son, even in the face of his convictions, and to that end, she should be commended for it. 4. The government diminishes his request because he does not have the wherewithal to post a cash or surety bond. 5. The Government surprisingly contends that Mr. Kilpatrick had a "history" of access to large sums of money, including money from Bobby Ferguson. Let's examine the most recent events. Mr. Ferguson has underwritten his own defense and now is facing post-trial and appeal expenses. He has a family to support in his absence. Like Mr. Kilpatrick, Mr. Ferguson is also detained pending his sentence in this matter. Furthermore, Mr. Ferguson's assets have either been seized or frozen. Finally, he is facing the prospect of financing another criminal trial before the 2

3 2:10-cr NGE-MKM Doc # 296 Filed 03/26/13 Pg 3 of 5 Pg ID 4617 Honorable David M. Lawson. The Government's argument that Mr. Ferguson could provide Mr. Kilpatrick with any funds, let alone the funds with which to flee, is specious at best. 6. As an additional relevant factor, it appears as if Mr. Kilpatrick has re-injured his knee very seriously. His requests for medical treatment over the past weeks at Milan Detention Center have not yet been met in any meaningful way. It was thought that he would have seen a doctor for the swelling and the pain before now but he is now being told it will not occur until at least later in the week. He has been limited in receiving anti-inflammatory medication to date. 7 In its argument, the Government gives very short shrift to this Honorable Court s discretion in permitting land as collateral to assure that Mr. Kilpatrick would comply with his conditions of release. In the present matter, Carolyn Cheeks-Kilpatrick s offer of her property as collateral is a significant addition to Mr. Kilpatrick's bond argument and is appropriate, regardless of the policy directives cited by the Government. Mr. Kilpatrick's conduct and conformance with this Honorable Court's directives pending trial and during the trial speaks volumes on his willingness and ability to conform to whatever conditions are set in this matter. Mr. Kilpatrick does not have access to any other financial means to secure his bond. He asks this Honorable Court to exercise its broad discretion in permitting his mother to offer her property as collateral for his release on bond. 3

4 2:10-cr NGE-MKM Doc # 296 Filed 03/26/13 Pg 4 of 5 Pg ID 4618 WHEREFORE, it is respectfully requested that this Honorable Court grant Mr. Kilpatrick s request for bond pending sentencing, pursuant to 18 USC 3143(a) and 18 USC 1342(c) or (c), as it determines to be just and fair. Respectfully submitted, O REILLY RANCILIO, P.C. By: /s/ James C. Thomas P23801 Michael C. Naughton P70856 Attorneys for Kwame M. Kilpatrick 2500 Buhl Building 535 Griswold Street Detroit, MI jthomas@orlaw.com mnaughton@orlaw.com Dated: March 26,

5 2:10-cr NGE-MKM Doc # 296 Filed 03/26/13 Pg 5 of 5 Pg ID 4619 CERTIFICATE OF SERVICE I hereby certify that on March 26, 2013, I electronically filed the foregoing paper with the Clerk of the Court using the ECF system which will send notification of such filing to all parties of record. /s/ James C. Thomas James C. Thomas 5