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Kwame's Mom Offers House as Collateral to Set Him Free

March 19, 2013, 6:46 AM by  Allan Lengel

Kwame Kilpatrick's mom is willing to put a lot on the line to help set her son free from federal prison pending his sentencing.

In a six-page court filing on Monday in federal court, Kilpatrick's attorney Jim Thomas stated that the mother, Carolyn Cheeks Kilpatrick, would put up her house as colateral for bond to make certain he complies with all the court's conditions if he's set free while awaiting sentencing. He's asking that the judge set him free pending sentencing so he can visit his family in Texas.

Thomas noted that the Pretrial Services said that Kilpatrick, 42, did not pose a risk of flight before sentencing. He also wrote  that Kilpatrick was broke and did not have the means to flee. He said Kilpatrick liquidated his bank accounts, retirement funds and other assets to pay $180,000 restitution so far. He still owes more than $800,000.

"To make an issue regarding Mr. Kilpatrick’s risk of flight is nonsensical," Thomas wrote. " Mr. Kilpatrick has executed an affidavit of indigency that asserts affirmatively that he is without sufficient funds to provide for a legal defense of his choice. Certainly if  he had funds available he would have paid to do so at that time, but did not. There  is no reason to believe that he has funds available at this time."

On the day of his conviction last week, Assistant U.S. Attorney Michael Bullotta argued that Kilpatrick had access to money and posed a risk of flight. The money he referred to was that of close friend Bobby Ferguson's, a city contractor who also was convicted on corruption charges. 

Bullotta also argued that Kilpatrick had a difficult time complying with court orders in his state case where he was on parole. U.S. District Judge Nancy G. Edmunds said it was a "close call" but ordered both Kilpatrick and Ferguson remanded to prison pending sentencing. 

In the court filing on Monday, Thomas wrote:

"Counsel and Mr. Kilpatrick embrace the recommendation of Federal Pretrial Services that states its opinion that he was neither a risk of flight nor a danger to the community. According to that report, Mr. Kilpatrick has complied in all respects with the conditions of release that were set by this Honorable Court  before and during trial. "

"There is no logical reason to believe that he would act otherwise pending a sentencing date. The sentencing date has not yet been set and is at least four months away. The Defendant is incentivized to be with his family and make any and all necessary preparations for his incarceration."

Read Court Filing


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