Mayor Bond Revised During Arraignment

Detroit (WWJ)  -- Just hours after being told he could remove his electronic tether, Detroit Mayor Kwame Kilpatrick was ordered Thursday to put it back on, a result of the legal pingpong occurring in his two separate criminal cases.

A judge overseeing Kilpatrick's arraignment on perjury and other charges said the mayor could get rid of the tether around his ankle and also attend the Democratic National Convention later this month.

But by afternoon another judge handling assault charges against the mayor reinstated the tether as a condition of his release in that case. Those terms were first set Aug. 8.

Not guilty pleas were entered on behalf of Mayor Kilpatrick and his former chief of staff Christine Beatty during the Thursday arraignment.  Kilpatrick and Beatty are charged with perjury, misconduct and obstruction of justice related to testimony at a Whistleblower Act lawsuit trial involving police officers.  
 
There was a heated exchange between Judge Leonard Townsend and assistant prosecutor Lisa Lindsey after the subject of the Mayor being allowed to travel to the Democratic National Convention in Denver in two weeks was discussed.  

Listen to audio from the courtroom: 

The prosecutor vehemently argued against the trip, but judge Townsend lifted the tether and travel restrictions tied to the mayor's bond so he could travel to Denver. 

"I see absolutely no reason for that and it's silly,'' Townsend said of the travel restriction.

The judge said "he's not sure what anyone is worried about."  Lindsey said the problem is the mayor violated his bond in the past.  "Two judges have already found he's violated conditions of his bond,'' she said.  

Lindsey told the judge the ruling was "inherently unfair,'' saying the prosecutor's office and defense attorney James Thomas had an agreement that no requests would be made to change the bond.

With the exception of the trip to Denver, Kilpatrick's travel still will be restricted to the Detroit area -- regardless of the bond restrictions tied to his other case.

"No one has been found guilty of anything," Townsend said during a verbal volley with Lindsey.  "Let's not trash the constitution."  

An appeal of the decision was expected from prosecutors, who left without commenting to reporters.

"This is the first time a judge has stood up for him,'' Thomas said after the hearing.

Separately, Kilpatrick is accused of assaulting two investigators who were at his sister's house trying to serve a subpoena in the perjury case. Judge Ronald Giles of 36th District Court will hold a hearing Friday to determine if there is probable cause for trial on the latest charges.

Thursday afternoon, Giles signed an order emphasizing that the tether remains a condition of release in the assault case. It was back on the mayor's ankle nearly four hours after it was removed.``It's not that bulky,'' said John Roach, spokesman for the Wayne County sheriff.

It also may be premature for Kilpatrick to pack his bags for the convention because a ban on out-of-state travel is part of the assault case. Plus, the Barack Obama campaign said Thursday that Obama doesn't want him there.

Kilpatrick spent a night in jail a week ago when he violated his bond by taking a quick trip to Canada without notifying authorities. He was released Friday, with bond conditions including no travel and the tether.
   
Sexually explicit text messages between the pair that the Detroit Free Press published in late January contradict their denial of an affair, a key point in the trial last year involving a former deputy police chief.

At the same time the arraignment was underway, another Wayne County judge was hearing arguments on whether Detroit City Council's forfeiture hearings regarding Kilpatrick can move forward.  

Wayne County Circuit Judge Robert Ziolkowski said he'll announce his decision at 2 p.m. Monday.

Attorneys for the city and Mayor Kilpatrick made several arguments Thursday, including a claim that the council has no authority to remove Kilpatrick or anyone who's not a council appointee.

An attorney for the council, William Goodman, says wording in the City Charter is awkward and cumbersome. But he believes the process, called forfeiture, should go ahead next week as planned.

The council accuses Kilpatrick of not revealing a confidentiality agreement in an $8.4 million settlement with fired police officers.

Related stories