Attorney Dan Webb, second from left, addresses the court as Detroit Mayor Kwame Kilpatrick, center, is arraigned in District Court in Detroit, Tuesday, March 25, 2008. Kilpatrick and former Chief of Staff Christine Beatty are accused of lying under oath about an affair and their roles in the firing of a top police official. (AP Photo/Carlos Osorio)

Detroit Mayor Kwame Kilpatrick And Ex-Top Aide Christine Beatty Arraigned On Perjury Charges

COREY WILLIAMS | March 25, 2008 09:53 PM EST | AP

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DETROIT — Legal experts said Tuesday that the heart of the perjury case against Mayor Kwame Kilpatrick _ steamy text messages that seem to contradict his sworn denials of an affair with an aide _ might be less open-and-shut than many believe.

Kilpatrick's attorneys want to keep the intimate and sexually explicit text messages out of a trial, and at least one outside defense lawyer says the admissibility of such high-tech communications is an unsettled legal question. Even if they are admitted, experts say the defense will exploit any ambiguity in the messages, in the questions the mayor and former Chief of Staff Christine Beatty were asked under oath, and in their answers.

"If the questions were not clear, and that's going to be used to prove the case, then that's another avenue in trying to establish a reasonable doubt," former federal prosecutor Matthew Orwig said Tuesday.

On Tuesday, the usually gregarious Kilpatrick was subdued as he stood mute to eight felony charges of perjury, conspiracy, obstruction of justice and misconduct in office during his arraignment in Detroit. Beatty also stood mute to seven of those charges.

Not guilty pleas were entered for both. They were released on personal bonds and are expected to appear at a June 9 preliminary examination that will determine if they will face trial in Wayne County Circuit Court.

The charges stem from a lawsuit filed by two former police officers who won a jury verdict last year. They said they were fired for investigating claims that the mayor used his security unit to cover up extramarital affairs.

Kilpatrick had said he would challenge the verdict, but prosecutors allege that a multimillion-dollar settlement was reached after the officers' attorney showed the mayor's lawyers references to the text messages, which had been left on Beatty's city-issued pager.

The Detroit Free Press published excerpts of the messages in January, prompting an investigation that led to charges against Kilpatrick and Beatty on Monday.

Kilpatrick's lawyer Dan Webb is a former U.S. attorney known for his three-hour cross-examination of former President Ronald Reagan in the Iran-Contra scandal. Webb won a conviction, later reversed, against Admiral John Poindexter on charges linked to the scandal.

Webb also was the chief defense attorney in the corruption trial of former Illinois Gov. George Ryan, who is now in prison.

Webb says the release of the text messages violates federal law.

"Under the Stored Communications Act they absolutely should not have been produced in civil litigation," Webb said Monday. "Because of that, everyone who sees them is clearly tainted because the initial production was illegal."

Miami criminal defense lawyer Milton Hirsch said Webb's effort to bring the 1986 act into play is a good move.

"He's a very fine lawyer," said Hirsch, who specializes in defending public corruption cases. "There is very little law on this, but I think it's a motion worth filing. It could make good law and could establish an important point."

Kilpatrick and Beatty denied having an intimate relationship when they testified in the police officers' lawsuit.

"Mayor Kilpatrick, during 2002 and 2003, were you romantically involved with Christine Beatty?" asked Mike Stefani, who represented the police officers.

Kilpatrick's response: "No."

Beatty said "no" and rolled her eyes when asked if she and the mayor were "either romantically or intimately involved" during the period covered by the case.

Text messages published by the Free Press told a different story.

"I'm madly in love with you," Kilpatrick wrote on Oct. 3, 2002.

"I hope you feel that way for a long time," Beatty replied. "In case you haven't noticed, I am madly in love with you, too!"

On Oct. 16, 2002, Kilpatrick wrote Beatty: "I've been dreaming all day about having you all to myself for 3 days. Relaxing, laughing, talking, sleeping and making love."

The messages also included dialogue about where to meet and how to conceal their trysts. Hirsch, however, said the messages may not be enough to prove perjury.

"The world is full of people who are in the habit of exchanging salacious phone calls, e-mails and text messages," he said. "It doesn't mean they are having an actual relationship. Did they say (under oath) they didn't have physical sex, or have no personal relationship or interaction, at all?

"If the witnesses testified 'we have nothing but a business relationship, we scarcely even talk about anything besides business matters,' that's a different matter," Hirsch said.

Sex is not the only issue surrounding the text messages. The prosecutor's office filed an investigative report Tuesday that included an excerpt of a text message from Kilpatrick asking members of his staff for help in explaining the departure of former Deputy Chief Gary Brown, one of the former officers who sued.

On June 24, 2003, he wrote: "We must answer the question? Why was Gary Brown fired. It will be asked, I need short, powerful answer ... I just need a good answer. Whatever it might be."

During the whistle-blower suit, Kilpatrick said Brown was "un-appointed."

"He was not fired," he testified.

Perjury, under Michigan law, is defined as "willfully" swearing falsely while under oath and is punishable by up to 15 years in prison.

A 2004 Michigan Supreme Court ruling could help prosecutors' case. Reversing more than 150 years of precedent, the court said prosecutors don't have to prove that a lie was material to a case.

___

Associated Press Writers Jeff Karoub and David Eggert contributed to this report.


 
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No surprise here. Kwame has been leading Detroit down the wrong path for years. They need to get rid of him and move in a new direction.

    Favorite    Flag as abusive Posted 09:49 AM on 03/26/2008
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Of course they are both pleading not guilty. The prosecutor sniffed around because she could find nothing else on him in her original case, so she got wind of some text messages. (using the Patriot act again?) So she basically blackmailed them by bringing up the sexual accusations on the stand and nailed them for perjury. The mayor and his ex aide have a case. Their lawyer is quite confident in that.

Just like Ken Star the sex is not germane to the case in any way shape of form. Without prior consent or a court order to obtain the private text messages this case is without merit.

The prosecutor should be disbarred.

Where is Ken Star now? Still trying to forge papers to get a convicted killer/rapist out of prison?

    Favorite    Flag as abusive Posted 04:56 PM on 03/25/2008

the question is not whether they are guilty. the question is whether the evidence will be allowed in court, and if not, can we get that lawyer to sue george w. bush for all his warrantless wiretapping?

the next question is what else did they do?

    Favorite    Flag as abusive Posted 04:48 PM on 03/25/2008

This is the dumbest testimony I have ever heard. Did not Beatty have a lawyer warning her about 'perjury trap'? Nobody bothered to tell her that text messages never gets erased (emails, chat room conversations also for that matter) ? It is quite obvious that the prosecution had already got the transcripts of the text messages between her and the mayor. Stil, Beatty continued to adeny by saying 'No' after 'No' to the questions. She obviously thought that nobody could retrieve the text messages she deleted!

    Favorite    Flag as abusive Posted 04:33 PM on 03/25/2008

First, this is about paying $9 mil. of taxpayer money to hush up whistle blowers, just to save this guy's butt. Let's see you defend that and say it's not worth prosecuting. Second, I believe this will rub off badly on Obama. Hold your horses -- I didn't say it should! I just said I think it will. I'm just saying, that's all.

    Favorite    Flag as abusive Posted 04:26 PM on 03/25/2008

Yeah, allegedly, I love it................LMAO

    Favorite    Flag as abusive Posted 04:03 PM on 03/25/2008

If a person is going to run for public office they should have at least enough knowledge of the law to know the offenses they could face in any situation. Sad truly sad.

    Favorite    Flag as abusive Posted 03:26 PM on 03/25/2008

What is disturbing here is the propensity of prosecutors to interrogate people/politicians under oath about their sex lives. Then, when finding no other evidence of wrong doing, they roll out the perjury and obstruction charges. I"ve had enough. I don"t give a crap about who any of them are sleeping with. In fact, I"m happy that their getting some, whether from their spouse or otherwise, it is really none of our business. Next thing you know, we"re going to start seeing prosecutions of public figures because they handled their gentiles a little too gingerly while using public restrooms. Where does it end, and why isn"t anyone attacking these hypocrite prosecutors?

    Favorite    Flag as abusive Posted 03:14 PM on 03/25/2008

This is kind of stupid if you ask me. So he lied about having an affair. Big deal. Nobody should care but his family.

    Favorite    Flag as abusive Posted 03:12 PM on 03/25/2008
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This story has nothing to do with race or with the Obama campaign. It's about stupidity...period. Remember Eliot Spitzer? How about David Vetter, Mark Foley, Larry Craig, Bill Clinton? Stupidity isn't the property of one race over another. This guy Fitzpatrick though, is in a league by himself.

    Favorite    Flag as abusive Posted 03:00 PM on 03/25/2008
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I guess this is what Pelosi meant by 'draining the swamp".

    Favorite    Flag as abusive Posted 02:50 PM on 03/25/2008

Detroit deserves better. This guy needs to go. Now.
Why do political families think they are entitled to power?

    Favorite    Flag as abusive Posted 02:46 PM on 03/25/2008

When asked something while under oath it is a good idea to tell the truth. Just ask Clinton, Bonds, Clemens and now Kilpatrick. The NY Governor made a great decision and just told everyone about everything that he did as soon as he got power. In 3 months no one will care and there cannot be a politically-motivated investigation because it is all out in the open. Great move on his part. That is someone experienced in NY politics.

    Favorite    Flag as abusive Posted 02:41 PM on 03/25/2008

By the way, the Mayor is a Democrat. Just thought I'd point it out, since HP doesn't seem capable of doing it. Go back and read their articles when a Republican Senator waggled his fingers under a bathroom stall. Every other sentence said Republican.

    Favorite    Flag as abusive Posted 02:21 PM on 03/25/2008

The morning shows were smearing with a broad brush today, calling Kilpatrick "a rising star in the Democratic Party." Yeah, sure.

    Favorite    Flag as abusive Posted 01:59 PM on 03/25/2008
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