Criminal Justice

How Mayor Kwame Kilpatrick Struck a Deal in Detroit

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Faced with mounting legal bills and a deluge of unfavorable publicity as he fought a perjury and obstruction of justice case, Detroit Mayor Kwame Kilpatrick decided he had to try to strike a deal with prosecutors.

And to do so, he turned not to Dan Webb, the high-profile Chicago lawyer he had selected to defend him at trial—although Webb was talking to him by phone beforehand and at his side as he entered the plea on Thursday—but a trio of local attorneys, reports the Am Law Daily.

Juan Mateo, Gerald Evelyn and Todd Flood came into the case just weeks before the deal was struck, and were given a brief to settle the case, according to the legal publication. At that time, the mayor still hoped that a plea deal wouldn’t include any jail time. But as Wayne County Prosecutor Kym Worthy stood firm on the incarceration issue, and it became apparent that Michigan Gov. Jennifer Granholm might well remove Kilpatrick from office, eliminating his ability to use his resignation as a bargaining chip, he finally agreed to a four-month term.

As multiple parties tried to get on the same page, including not only the mayor, his lawyers and attorneys from Worth’s office, but another prosecutor in a different case against Kilpatrick and the governor, no one knew until the absolute last minute that the deal was done, reports the Detroit Free Press.

Finally, after lawyers for all sides and Judge David Groner huddled in chambers, Kilpatrick gave the deal his final stamp of approval in open court, the newspaper recounts.

“I lied under oath,” he told the judge.

Kilpatrick’s plea also involves the surrender of his license to practice law, payment of $1 million in restitution and five years of probation, during which time he will not run again for office. His resignation will take effect by midnight on Sept. 18, according to the Associated Press.

As discussed in earlier ABAJournal.com posts, Kilpatrick became a target of extensive criticism after the Detroit Free Press began telling the story of how two police whistle blower cases had been settled for $8.4 million, in an unsuccessful effort to prevent the public from hearing about text messages between the mayor and a then-top aide. The messages revealed an apparent affair between the two, as well as their alleged perjury in testimony related to the whistle blower cases.

Webb, whose high-profile trials include the defense of a former Illinois governor in a government corruption case, says Kilpatrick could have won at trial, the AmLaw post reports. But it would have been a hard-fought and expensive battle.

“There was more sustained press coverage than in any case I’ve ever had,” Webb told the Am Law blog. “Right or wrong, he was vilified every day, and some [of] it was unjustified, in my view.”

Earlier coverage:

ABAJournal.com: “Ouster Hearing Begins for Detroit Mayor Despite Legal Maneuvering”

ABAJournal.com: “Ex-Counsel Sues Detroit Mayor, Says He Owes $79K Legal Bill”

ABAJournal.com: “How is Detroit Mayor Paying $1M in Personal Legal Bills?”

Associated Press: “2 attorneys emerge in Detroit mayor case”

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