Friday, November 18, 2011

Will Kilpatrick get to keep his book profits?

Story first appeared in the Detroit Free Press

Former Detroit mayor Kwame Kilpatrick is asking the Michigan Supreme Court to halt prosecutors’ plans to claim profits from Kilpatrick's memoir to help pay off his restitution debt.
His attorney, in a motion filed late Monday, said a hearing Wednesday before Wayne County Circuit Judge violates Kilpatrick’s right of free speech and actually is undermining the state’s goal of recovering restitution.
The lawyer ordered Creative Publishing Consultants into court Wednesday to explain why no money from sales of “Surrendered: The Rise, Fall & Revelation of Kwame Kilpatrick” has gone into an escrow account to offset his debt of $860,702.60.
According to earlier filings, the publishers cleared $19,258.54 on sales of $56,487.54.
If prosecutors prevail, it could cut off book sales that could help pay down the debt and lectures that help support his family
He wants the hearing put on hold until the high court hears and rules on his claim.
Michigan's version of the so-called Son of Sam Law — aimed at stopping criminals from profiting by selling their stories — has not been tested and is contrary to the U.S. Constitution.
A state appellate panel rejected Kilpatrick’s motion in September.
The Wayne County Prosecutor’s office said it hasn’t gotten a copy of the latest appeal and cannot comment.

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