On May 25, 2010 Wayne County Circuit Judge David Groner sentenced Detroit's former mayor, Kwame M. Kilpatrick to up to 5 years in prison for violating probation for failing to adequately report and turn over certain financial records. Judge Groner later went on to rule that Kilpatrick could be released after a minimum of 14 months of incarceration.
After processing and Kilpatrick being incarcerated, the state Corrections Department notified Judge Groner that Kilpatrick is eligible for a voluntary, 90-day Special Alternative Incarceration program (bootcamp). Kilpatrick's eligibility and selection for this alternative incarceration program was determined after a standard intake screening for new prisoners. Also in the letter from the state Corrections Department, it asked if Judge Groner objected to Kilpatrick moving into the program and seeks a response within 30 days.
After being informed about the possibility of Kilpatrick serving his time in an alternative incarceration program instead of prison, Wayne County Prosecutor Kym Worthy voiced her opposition to the possibility in a letter that she sent to Judge Groner. In the letter, Worthy voiced her concern that Kilpatrick repeatedly and intentionally violated the provision of his probation and needs to be rehabilitated in prison.
After receiving the letter of opposition from the prosecutor, Judge Groner has since returned the letter without response due to an unwillingness to respond to letters involving legal matters that are pending. The judge also sent a copy to Kilpatrick's new attorney, Arnold Reed. Court rules require that lawyers for both sides in a case be privy to any communications with the judge.
Attorney Arnold Reed applauded the return of the letter to the prosecutor and proclaimed that the judge "stepped up to the plate". He went on to say that no attorney is allowed to write a court a letter indicating what a court should or should not do with a particular defendant and that the communications in this matter is what is know as "ex parte communication" with a court and that the communications are improper.
On a local news broadcast, Attorney Reed expressed doubts that Judge Groner who has the final say in the matter, will approve of the 90-day bootcamp for his client. Attorney Reed also went on to say that he feels that his client is deserving of bootcamp and that up to 5 years in prison is excessive on a probation violation. Finally, Attorney Reed questioned the likelihood of bootcamp stating that if you look at how Judge Groner has sentenced my client......................................I'm not getting my hopes up for this.
Do you believe that a 40 year old at the weight of 310 lbs can withstand the rigor military style exercise and the challenging work assignments for 90 days is adequate punishment?
For a look at the letter in which the Wayne County Prosecutor Kym Worthy sent to Judge Groner, please visit www.clickondetroit.com/download/2010/0610/23861771.pdf .
FYI: Kilpatrick is currently being incarcerated at the Oaks Correctional Facility in Manistee MI.