New court documents offer glimpse into Kilpatrick deliberations

DETROIT (WXYZ) - Federal prosecutors are fighting back against Kwame Kilpatrick's efforts to get a new trial.

Among many arguments they make against Kilpatrick getting another trial, federal prosecutors say a note from the jury is just one more indication that Kilpatrick's conviction should stand.

While they decided the fate of the former Detroit mayor, his father, and his friend..  the anonymous jury in the Kilpatrick Corruption case was only allowed to communicate in writing.

On February 26 – more than a week into their deliberations -- the jury sent Judge Nancy Edmunds a note indicating they were possibly deadlocked.

The note reads: "if we do not unanimously agree to a verdict for a particular charge for a particular defendant, what is the course of action?"

The judge wrote back: "You should try to reach unanimous agreement on as many charges/defendants as possible.  If you cannot reach unanimous agreement on all charges with respect to all defendants, just let me know."

Even though the jury ultimately convicted the former mayor, Bobby Ferguson and Bernard Kilpatrick – they were deadlocked on a few counts.

The Friday before the verdict was announced in March, the jury sent the judge another note: "We have reached a verdict."

The defendants have argued the Judge should have ordered the jury to continue deliberating on the undecided counts.

Federal prosecutors say the notes are evidence of the jury's precision in their efforts to reach a verdict – and that the members of the Kilpatrick Enterprise should not get a new trial.

It took the jury 15 days to decide the fate of Kilpatrick and his co-defendants.  They have not been sentenced yet.

Also Thursday, prosecutors and defense lawyers met with a different federal judge for Ferguson's up-coming bid-rigging re-trial to talk about when that case can realistically get underway.

"I just got appointed, it's a monstrosity of a case and I need help. And that's the bottom line – I need more time. I'm only one guy," said attorney Mike Rataj outside federal court on Thursday.

As of right now, the Ferguson trial is set for September.  It is likely that date will get pushed back.


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