26 April 2010

State to Push for Jail for Kilpatrick, not Prison

The Detroit Free Press

Former Detroit mayor is to be sentenced May 25

Kwame Kilpatrick has earned time in the county jail, but not a stretch in prison, a state corrections official said Friday.

"I think we are going to recommend incarcerated in jail, as opposed to prison," said Russ Marlan, spokesman for the Michigan Department of Corrections.

However, the ex-Detroit mayor's New York City spokesman said that faith and prayer may be the keys that open the jailhouse door. Mike Paul said the ex-mayor will hold his comments until his scheduled sentencing May 25.

Yet, Paul said there could be some special intervention.

"We also know that anything can happen between then and now, especially with faith, prayers and an open mind for other solutions," Paul said.

Wayne County Circuit Judge David Groner found Kilpatrick guilty of violating his probation from the text message scandal during a hearing Tuesday, saying Kilpatrick didn't meet financial reporting obligations and didn't turn over tax refunds.

As part of his original sentence, Kilpatrick served 99 days in jail in 2008 and 2009.

If Kilpatrick is ordered back into custody in May, he would go to the Wayne County Jail if the sentence is one year or less. Any sentence of more than a year must be served in prison. Probation officials likely won't ask for a specific sentence, Marlan said.

The Wayne County prosecutor will weigh in as well, but the office is not tipping its hand.

"Prior to the sentence hearing, we will prepare a sentencing memorandum that will be filed with the court," said spokeswoman Maria Miller.

In the jail versus prison debate, Marlan said Kilpatrick has factors in his favor: He has made some payments on his $1-million restitution, he has a job, and this is his first probation violation.

Marlan said that if Kilpatrick goes to jail, there could be a work-release program, but that would be up to the judge and county sheriff. He said probation officials probably would be asked for their opinion, but no one has raised the issue.

Kilpatrick lives in Southlake, Texas, and is a sales representative for Covisint, a subsidiary of Detroit-based Compuware.

"No one has talked to Compuware about a work-release program," said company spokesman Bill McGraw.

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