Elrick previews sentencing day for Kwame Kilpatrick - New York News

Elrick previews sentencing day for Kwame Kilpatrick

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By M.L. Elrick
FOX 2 Investigative Reporter


DETROIT (WJBK) -- If he gets any sleep tonight, Kwame Kilpatrick will wake up Thursday morning in federal prison expecting to learn how much longer he will have to stay behind bars.

The former Detroit mayor is certain not to like the answer, which will likely range from 15 years to life. Of course, Kilpatrick won't be happy spending another minute locked up for racketeering, extortion, bribery and tax offenses that he says he did not commit -- despite a jury's finding in March that he was guilty of 24 crimes against the People of Detroit and the United States of America.

While many, hoping against hope, consider Thursday's sentencing in U.S. District Court as the coda to a sad symphony that began when Kilpatrick became mayor in 2002, there will be more. That's because even after federal Judge Nancy Edmunds sentences Kilpatrick Thursday, his appeal will go forward. Most of the battle to overturn his conviction will be waged on paper as lawyers argue over legal rulings made before and during his six-month trial on public corruption charges. Among the contentious issues is whether Kilpatrick should have been allowed to fire the court-appointed lawyers who defended him throughout the trial.

Kilpatrick's sentencing is scheduled to begin at 10 a.m. No cameras are allowed in federal court, so Fox 2 will provide continuing coverage on Twitter @FOX2News or using the Twitter feed embedded in this page. 

The proceedings are expected to start with legal arguments over how much time Kilpatrick should receive. Prosecutors have argued in a sentencing memorandum that the circumstances surrounding Kilpatrick's crimes make him eligible for life in prison. They asked Edmunds to sentence him to at least 28 years. Kilpatrick attorney Harold Gurewitz countered that Kilpatrick should get no more than 15 years.

Kilpatrick will have an opportunity to speak, and the judge may allow other witnesses to testify. She is expected to sentence Kilpatrick in the afternoon.

Kilpatrick's best friend and co-defendant, city contractor Bobby Ferguson, is scheduled to be sentenced on Friday. He was convicted of 9 counts of public corruption. Prosecutors argued that he should get a sentence similar to Kilpatrick's. Ferguson's attorneys have said he should get no more than 10 years.

Kilpatrick's father, Bernard, is scheduled to be sentenced next week. He was convicted of one count of filing a false tax return.

KWAME KILPATRICK WAS FOUND GUILTY ON THE FOLLOWING 24 CHARGES:

 COUNT CHARGE
CRIME
RECOMMENDED PENALTY  (YRS.)
 1  RACKETEERING, Racketeer Influenced and Corrupt Organization 18 U.S.C. Sec 1962(d) (RICO conspiracy) UP to 20 years  RICO  20
 2  Sewer Lining Inland Waters-18 U.S.C Sec 1951 - under color of official right  Extortion  20
 3  Amended Sewer lining contract Inland Waters-18 U.S.C Sec 1951  Extortion  20
 4  Baby Creek/Patton Park -18 U.S.C Sec 1951  Extortion  20
 5 Oakwood Pump Station -18 U.S.C Sec 1951 - under color of official right Interfere with Commerce  20
 9  East Side Water Main Repair -18 U.S.C Sec 1951  Extortion  20
 17 Bribe $75000  -- 18U.S.C Sec 666(a) Bribery related to Government Entitiy  10
18  $10,000 donor check to Civic Fund - 18 U.S.C. Sec. 1341 and 1343  Mail Fraud  20
19  Feb. 13 2007 Civic Fund Letter -  18 U.S.C. Sec. 1341 and 1343  Mail Fraud  20
20  $5,000 donor check to Civic Fund -  18 U.S.C. Sec. 1341 and 1343  Mail Fraud  20
21  $4,500 check to Summer Camp -  18 U.S.C. Sec. 1341 and 1343  Mail Fraud  20
22 May 23 2008 Civic Fund Letter -  18 U.S.C. Sec. 1341 and 1343  Mail Fraud  20
23  $2,640 Civic Fund check to Summer Camp -  18 U.S.C. Sec. 1341 and 1343  Mail Fraud  20
24 $10,000 donor check to Civic Fund -  18 U.S.C. Sec. 1341 and 1343  Mail Fraud  20
25  $1,000 donor check to Civic Fund -  18 U.S.C. Sec. 1341 and 1343  Mail Fraud  20
26 $4,000 check to Civic Fund -  18 U.S.C. Sec. 1341 and 1343  Mail Fraud  20
28  Aug 24 Civic Fund Letter   18 U.S.C. Sec. 1341 and 1343  Mail Fraud  20
30  June 20 2008 Letter  18 U.S.C. Sec. 1341 and 1343  Mail Fraud  20
31  2003  26 U.S.C Sec 7206(1) (False rtax return) $500,000 fine, upt to 3 years or both ax Evasion False Return  5
32  2004  26 U.S.C Sec 7206(1) (False rtax return) $500,000 fine, upt to 3 years or both Tax Evasion False Return  5
33  2005  26 U.S.C Sec 7206(1) (False rtax return) $500,000 fine, upt to 3 years or both  Tax Evasion False Return  5
 34  2006  26 U.S.C Sec 7206(1) (False rtax return) $500,000 fine, upt to 3 years or both  Tax Evasion False Return  5
 35  2007  26 U.S.C Sec 7206(1) (False rtax return) $500,000 fine, upt to 3 years or both  Tax Evasion False Return  5
 36  2008  26 U.S.C Sec 7206(1) (False rtax return) $500,000 fine, upt to 3 years or both  Tax Evasion False Return  5

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