Former Detroit Mayor Kwame Kilpatrick appeals federal corruption conviction, asks for new tria

DETROIT (WXYZ) - Attorneys for former Detroit Mayor Kwame Kilpatrick have filed an appeal challenging his conviction on federal corruption charges.

The appeal asks that his conviction be vacated and that he be given a new trial. It was filed with the Sixth Circuit Court of Appeals in Cincinnati. 

It argues that Kilpatrick was denied his right to conflict-free representation, that the court erred in allowing some testimony and that restitution to the Detroit Water and Sewerage Department was not authorized by federal law.

The appeal was also filed on behalf of Kilpatrick's co-defendant and friend, Bobby Ferguson.

On the issue of conflict-free representation, Kilpatrick's attorneys argue that the former mayor was denied his Sixth Amendment rights because his attorneys, Jim Thomas and Michael Naughton, had a conflict of interest in the case.

At one point during the case Thomas and Naughton were part of a firm that was suing Kilpatrick in civil court while they were also representing him in the federal corruption case. The allegations in the civil case were that Kilpatrick steered contracts to Ferguson.

Kilpatrick argues that the court should have held a hearing about the conflict and that he was not notified about Thomas's and Naughton's conflict of interest for over five months.

As for the issue of the testimony, Kilpatrick argues that the court allowed in inadmissible evidence +in the guise of lay opinion testimony. The appeal argues that the testimony relied on text message, intercepted calls and documents that were never presented to the jury.

The appeal also argues that the court relied on evidence of profit instead of loss when ordering restitution to the Detroit Water and Sewerage Department and that the District Court did not have the authority to order nearly $200,000 in restitution to the IRS.

Read the entire appeal below:

Kilpatrick Appeal

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