Kilpatrick lawyer claims prosecutor wrong about cash flow

Doug Guthrie / The Detroit News

Detroit -- The amount of money that allegedly flowed through bank accounts belonging to former Mayor Kwame Kilpatrick and his wife has been exaggerated by Wayne County's prosecutor, according to Kilpatrick's lawyer.

Michael Alan Schwartz will argue when Kilpatrick's probation hearing continues on Nov. 17 that the prosecution last week erroneously claimed more than $1 million moved through five accounts controlled by Kilpatrick's wife, Carlita, in the past year.

"That figure is off by at least $400,000," Schwartz said.

The document inaccurately reports accumulated multiple entries for the same sums that moved from one account to another, Schwartz said.

The hearings before Wayne Circuit Judge David Groner were called to determine if Kilpatrick has hidden wealth after he claimed having only $6 per month left after expenses for $1 million in restitution he agreed to pay the city. He has been ordered to make $6,000 monthly payments.

Schwartz also said Kilpatrick's testimony last week wasn't deliberately vague when he denied knowledge of family finances he says are now handled by his wife.

"The guy is in the doghouse," Schwartz said. "He did something that was very bad. He had an affair. Most wives would be upset by this, but his affair also became public when he lied about it and pleaded guilty to obstruction of justice. That makes matters worse."

Schwartz said Kilpatrick is in a delicate position with his wife. Kilpatrick testified he signed over at least $150,000 in checks from a $240,000 loan given to him by four of Detroit's most influential businessmen after exiting jail in February.

Kilpatrick said he assumed she cashed them, but he couldn't say what happened to the money.

"He's trying to make up with her, and he's not in a position to demand what happened to this money," Schwartz said.

It's also unlikely that the prosecutor will be able to call Carlita Kilpatrick as a witness in the hearings, Schwartz said.

"She's not the one convicted of anything," Schwartz said. "She might say they can fly a kite."

Prosecutor Kym Worthy's spokeswoman, Assistant Prosecutor Maria Miller, said Tuesday, "If any issues are raised, we will address them in court."

dguthrie@detnews.com (313) 222-2548