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The Law Blogger is a law-related blog that informs and discusses current matters of legal interest to readers of The Oakland Press and to consumers of legal services in the community. We hope readers will  find it entertaining but also informative. The Law Blogger does not, however, impart legal advice, as only attorneys are licensed to provide legal counsel.
For more information email: tflynn@clarkstonlegal.com

Friday, May 17, 2013

Kwame Blames the Lawyer

We here at this Blog have been there.  You put your heart and soul into a case that goes to trial, giving it everything you've got, sometimes putting your reputation on the line; working into the night and on weekends to prepare.  Getting "paid-by-the-hour" for such ventures is rare, in fact, you rarely ever post all those hours on the peg board at the office. 

Sometimes, as in the case of Kwame Kilpatrick's lawyer, James Thomas, it's a court-appointed gig with a low flat fee.  And when the jury does not buy-into your client's defense, the client often views the guilty verdict as your fault.

Apparently, Kwame has not just been sitting idly in his cell in Milan.  In a recent post-verdict motion for a new trial filed with federal judge Nancy Edmunds, the former Detroit Mayor revealed that he filed a grievance against Mr. Thomas with the Michigan Attorney Grievance Commission [which apparently already has been dismissed], and again raised claims of "ineffective assistance of counsel" in violation of Hizhonor's Sixth Amendment rights.

Well, as one of the tax-payers that paid for that defense, and as a criminal defense lawyer myself, I cannot say that I am surprised.  This is a common tactic when an accused gets convicted in a case where the defendant is adamant about his innocence and ignores both the facts and the reality of his situation, as Kwame has done throughout his tortured proceedings.

The exact same scenario is unfolding out in Las Vegas where O.J. Simpson has also raised a claim of ineffective assistance of counsel against his long-time lawyer, Yale Galanter.  Simpson's case is in the process of exhausting his state law remedies so that he can proceed with a Habeas Corpus petition in federal court.

We here at this Blog certainly champion the accused's constitutional rights; those rights include raising constitutional issues post-trial, and testing one's conviction in the appellate courts.  Most often, those rights come at the tax-payers expense.

And if you've been practicing criminal defense long enough, eventually, you are going to get the blame for a client that goes down in flames.  My veteran legal assistant has a poster in her office for just such an occasion: "Stay Calm and Carry On."

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Wednesday, March 13, 2013

Winners and Losers in the 313

To the extent that completing a federal prison sentence is a win, then today was a good day for former Detroit City Councilwoman, Monica Conyers.  Ironic that as Monica completes her  36-month truncated sentence, former Mayor Kwame Kilpatrick is getting a head-start this week on his own federal sentence.

Monica Conyers has now paid her "official" debt back to the citizens of the City of Detroit and the State of Michigan for her federal bribery conviction.  The total debt for breaches of the public trust like these, however, can never be paid in full.

The two Motown politicians have long-been connected at the hip here in the D.  Kilpatrick's public service career came to a crashing end in March 2008, just prior to his being charged with state law felonies.  The Detroit City Council passed a non-binding resolution 7-1 to remove him from office; Conyers was Kwame's sole supporter; her lone vote cast just as her own official career came to similarly ignominious end.

Both convicts have family that have served in Congress.  Monica Conyers is the wife of long-serving Congressman John Conyers from Michigan's re-tooled 13th District; Kwame's Mother, Carolyn Cheeks-Kilpatrick, represented Michigan's re-tooled 14th District from 1996 until she was defeated by Hansen Clarke in 2010, while her son's legal battles were heating-up.  Kilpatrick's Father, Bernard Kilpatrick, once served as chief-of-staff for former Wayne County Executive Robert McNamara; you just could not be better connected in Wayne County or Detroit.

For his part, Kwame's as yet un-sentenced jury convictions for abuse of the public trust, embezzlement, racketeering, and a bushel full of other counts, have rendered his torrid Wikipedia biography woefully out-of-date.  Kipatrick's expected decade-plus sentence will be meted-out sometime later this spring.

Even accounting for the significant good-behavior credits available in the federal penitentiary, the former mayor is going to do a long-bit; the federal sentencing guidelines are not something to trifle with.  Kilpatrick's prior state-law convictions and the multi-million-dollar amounts of the illegal contracts in his case will jack-up his sentence.  

We here at the Law Blogger feel bad for Kwame's three young sons; they are part of the human price that will now be paid.  It's all bad, for everyone.  The former Mayor and Councilwoman do not deserve public forgiveness.  Their cases illustrate the deep costs of such poor decisions and criminal conduct.  They have robbed us all.

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