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Posted: Tuesday, 02 September 2008 11:06AM

State Appeals Court Won't Stop Gov Hearings





Detroit (WWJ/AP)  -- The Michigan Court of Appeals won't stop Gov. Jennifer Granholm from holding a hearing Wednesday that could lead to the ouster of Detroit Mayor Kwame Kilpatrick.  A three-judge panel ruled Tuesday night after hearing arguments from Kilpatrick's lawyers and the governor's legal team.

Earlier Tuesday, Wayne County Circuit Judge Robert Ziolkowski refused to stop the hearing Tuesday. Kilpatrick's lawyers had claimed Granholm is biased.

The judge rejected arguments that Granholm is biased and that Michigan law is vague about the definition of misconduct. He said the mayor's right to ``just and fair treatment'' also doesn't apply -- citingcase law from several cases. 

Listen to audio from the courtroom: 

``Holding a public office is not a public right and not subject to due process rights,'' Ziolkowski said.

Kilpatrick's attorney, James Thomas, promised an immediate appeal.

The decision puts pressure on Kilpatrick to make a deal in his two criminal cases. The mayor's job would no longer be a bargaining chip with prosecutors if Granholm expels him for misconduct.

At the Detroit City Council's request, the governor will chair a hearing on whether Kilpatrick misled members when he settled lawsuits with former police officers for $8.4 million. The council says it didn't know the deal covered up sexually charged text messages between the mayor and his top aide.

The hearings are scheduled to start at 9 a.m. Wednesday at the state office building on West Grand Blvd.  You'll hear live and local coverage on the air and on WWJ.com.

Tuesday's court hearing came as Mayor Kilpatrick has signaled to prosecutors that he is willing to quit and plead guilty to two felonies.  However, the mayor's refusal to accept any jail time has stalled talks at reaching some sort of plea deal.

Later in the day, Wayne County Circuit Judge David Groner decided to loosen Detroit Mayor Kwame Kilpatrick's bond restrictions, saying he can remove the electronic tether but said the mayor's travel will remain restricted to the metropolitan area. More on this here.

Read related stories.
 

 


© MMVIII WWJ Radio, All Rights Reserved. The Associated Press contributed to this report.
 
 
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