Attorneys for Bobby Ferguson ask federal court to delay retrial in bid-rigging case

DETROIT (WXYZ) - Attorneys for Bobby Ferguson have filed a motion, asking the federal court to delay his retrial on bid-rigging charges.

A mistrial was declared in Ferguson's first bid-rigging trial after the jury deadlocked in June.

The motion to delay the trial was filed Saturday in the United States District Court in the Eastern District of Michigan. Pretrial motions in the retrial are currently due by January 5, with the court looking at a date of April 2 for the retrial to begin.

In their motion, Ferguson's attorneys argue that they need the delay because the Kilpatrick Corruption trial is taking longer than expected. Ferguson is a defendant in that trial, along with former Detroit Mayor Kwame Kilpatrick and Kilpatrick's father, Bernard Kilpatrick.

Former Detroit Water Department Head Victor Mercado was also a defendant in the case, but he took a plea deal in November .

Ferguson's attorneys argue that they have not been able to properly prepare for the retrial because they are too busy with the Kilpatrick Corruption Trial. The attorneys argue this has been exacerbated by the illnesses of two attorneys, one of whom has not been able to participate meaningfully since December 10.

They also say that the trial would come too soon after the highly publicized Kilpatrick trial, during the coverage of which Ferguson has been referenced many times.

The attorneys argue that because of the coverage it would be "problematic at best" to empanel an impartial jury in the case so soon after the conclusion of the Kilpatrick trial.

Another factor the attorneys cite in their motion to delay the trial are indications that the prosecution will seek to add new charges in the case. However, they do not go into detail on what those new charges could be or what they would be related too.

Attorneys for the government have not yet responded to the motion. No date has been set by the court for arguments on it.

It is important to note that Ferguson's attorneys do not suggest a new date for the retrial to begin.

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