By: Ross Jones
DETROIT (WXYZ) - Earlier today, 7 Action News Investigator blogged live from Federal Court as today's hearing on a potential conflict of interest took place. Follow his blog below:
10:44AM--Court adjourned: We're done for now, thanks for joining us.
10:37AM--Edmunds "doesn't buy" Kilpatrick's arguments: Judge Edmunds continues to explain her ruling. She says doesn't buy Kilpatrick's claim that suddenly, his four-year relationship with the lawyer he has used to represent him in every criminal matter of his life is broken beyond repair.
"There is a high public interest in going forward," she said, reminding the lawyers that 400 witnesses have been called and have filled out questionnaires.
She will issue a written opinion later today or tomorrow.
10:34AM--Judge denies Kilpatrick's motion: Judge Edmunds says she is denying Kilpatrick's motion to have Thomas removed as his lawyer. She said his arguments regarding Fiore and the Macomb Interceptor do not hold water, and any concerns over cross-examining Fiore in open court can be solved by having another defense lawyer handle them.
10:30AM--"I'm not afraid:" Kilpatrick says this argument is not a hail-mary effort to delay his criminal trial.
"I'm not afraid of this trial," he said, saying he's confident the government doesn't have a shred of evidence to convict him of any crimes.
"They have put on the witness list a plethora of people who are criminals, criminals," he said.
Kilpatrick himself is a felon, convicted of perjury in 2008.
10:24AM--Judge rips Kilpatrick: The former mayor is not scoring points with Judge Edmunds in his latest arguments before her.
Kilpatrick is trying to plead ignorance to the judge, saying he simply wasn't aware of Kilpatrick and Thomas's past history.
"If I was that good of a lawyer, I wouldn't have gone to jail for cheating on my wife," he said.
Edmunds cut him off, saying again that he had signed a conflict-waiver form that acknowledged no conflict with Gasper Fiore more than a year ago.
"Any third year law student knows what that means," Edmunds said, reminding the former lawyer of his time in law school.
10:20AM--Kilpatrick apologizes: It may be a little late, but Kwame Kilpatrick is now apologizing to the court for bringing this matter up at the last minute, and also asked for Judge Edmunds' forgiveness.
He said that he is skeptical of the government's desire to move the case along.
"I appreciate the government's help, but I don't want them to help me to death," Kilpatrick smirked.
Kilpatrick does not have the greatest track record when it comes to asking judges for forgiveness. In 2008, when he asked Judge Ronald Giles for forgiveness after violating his probation, he was put in jail for the night.
In 2010, when he asked Judge David Groner to forgive him over perceived restitution violations, he was later sent to prison.
10:11AM--Last-minute ploy, says US Attorney: The US Attorney says that Kilpatrick can't expect the court to allow him to replace his lawyer on the eve of his criminal trial, saying that if it were that simple, criminal defendants would delay their trials routinely by claiming conflicts with their lawyers.
"He professed to love Mr. Thomas," Chutkow said. Jim Thomas is making additional arguments now before the court.
10:06AM--Prosecution makes its case: With Kilpatrick's arguments now over, the US Attorney is making its case. Assistant US Attorney Mark Chutkow said that the government will not call Fiore as a witness, an attempt to nullify any potential conflict that Kilpatrick is worried about.
Chutkow called Kilpatrick's argument "incoherent," saying it would make no sense for Kilpatrick's team to call Fiore as a defense witness if he is alleging that he was extorted. He reminded the court that the former mayor signed a document saying he was aware of no conflicts with Fiore and other witnesses in January 2011.
10:03AM--"Shouting" with attorneys: Kilpatrick says his relationship with Jim Thomas is broken down completely, saying that their discussions end in shouting matches.
"You said you loved Mr. Thomas," Judge Edmunds told Kilpatrick, reminding him of a conversation they had earlier this month in her chambers.
Kilpatrick said he did love Mr. Thomas, but no longer trusted him.
9:56AM--Kilpatrick scolded: Judge Edmunds gave Kilpatrick a dressing-down, reminding him that he once had a law license, attended law school and "is not a lay person." She said he should have known about the potential conflicts by reading his own indictments.
9:52AM--Kilpatrick on hot seat: Kwame Kilpatrick is addressing Judge Edmunds about his desire to have Thomas removed as his lawyer. He said that on August 2, he learned of the Fiore issue
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