A federal appeals panel refused to grant former Detroit Mayor Kwame Kilpatrick a new trial Friday, upholding his racketeering conviction and 28-year prison sentence.

Kilpatrick COA Opinion by Syndicated News SNN.BZ

A three-judge appeals panel in Cincinnati said Kilpatrick failed to prove his trial lawyers had a conflict of interest and failed to show that his lawyers were ineffective. Kilpatrick and Detroit contractor Bobby Ferguson also failed to show they were prejudiced by testimony from federal agents during the trial, according to the 6th U.S. Circuit Court of Appeals.

Kilpatrick scored a minor victory: Judges Richard A. Griffin, Eugene Siler Jr. and Helene White vacated the $4.5 million restitution Kilpatrick was ordered to pay the Detroit Water and Sewerage Department, saying the figure was incorrectly calculated.

The restitution issue was sent back to U.S. District Judge Nancy Edmunds in Detroit.

The opinion is the latest setback for Kilpatrick, who was sentenced to 28 years in prison for running a criminal racket out of City Hall, one of the longest corruption sentences in U.S. history. The 6th U.S. Circuit Court of Appeals also affirmed the conviction of Ferguson, who was sentenced to 21 years in federal prison.

The opinion comes seven months after Kilpatrick, 45, argued that his trial counsel had a conflict of interest, among other issues that deprived him of his rights. Kilpatrick wanted to vacate his corruption conviction and get a new trial in Detroit.

“Very disappointing,” Kilpatrick lawyer Harold Gurewitz told The Detroit News on Friday. He did not immediately vow to ask the full 6th Circuit to review the appeal or appeal to the U.S. Supreme Court.

But Gurewitz added: “This is far from the end of the line.”

Federal prosecutors welcomed the opinion Friday.

“We are gratified that the jury’s verdict has been upheld and believe that the decision is thorough and well-reasoned,” said Gina Balaya, spokeswoman for the U.S. Attorney’s Office in Detroit.

During oral arguments in January, three U.S. 6th Circuit Court of Appeals judges peppered attorneys for Kilpatrick and co-defendant Bobby Ferguson, 46, with questions about how the issues they raised affected the trial outcome.

A prosecutor said during the trial that Kilpatrick, who quit in 2008 over text messages revealing an affair with former Chief of Staff Christine Beatty, turned City Hall into a “private profit machine” by rigging contracts and demanding bribes. He’s serving his time in El Reno, Oklahoma.

Gurewitz said his client didn’t get a fair trial for reasons including that his trial attorneys were affiliated with a law firm suing Kilpatrick in a civil case related to the corruption charges. Assistant U.S. Attorney Andrew Goetz countered that the attorneys had an “ethical wall” between the cases and there was no evidence of a conflict that affected the criminal case.

“…assuming there had been an actual conflict, Kilpatrick points to little evidence in the record that suggests his counsel did anything detrimental to his defense or failed to do something that was clearly advantageous,” the judges wrote Friday.

Kilpatrick’s lead trial attorney, James C. Thomas, could not be reached immediately Friday. Co-counsel, Michael Naughton, declined comment.

Ferguson’s attorney, Susan Van Dusen, attacked testimony from federal agents used by the prosecution, saying they were allowed to use hearsay testimony and present the prosecution’s case over and over.

DETROIT (WXYZ) – Here is the timeline of events leading up to the federal corruption trial of former Detroit Mayor Kwame Kilpatrick and others.

Kilpatrick Timeline:

October 11, 2012: Found Guilty and ordered to serve 28 years. He was immediately taken into custody and remanded to the Michigan Department of Corrections.

September 21, 2012: Opening statements begin in the federal corruption case.

September 14, 2012:  Opening statements are expected to begin in the federal corruption case against former Detroit Mayor Kwame Kilpatrick, his father, Bernard Kilpatrick, city contractor and friend Bobby Ferguson, and former Detroit Water and Sewerage Department Director Victor Mercado. All face racketeering, conspiracy and other charges. U.S. District Court Judge Nancy Edmunds is presiding.

September 6, 2012: Jury selection in the federal case to be finalized with 18 jurors serving (12 jurors and six alternates).

August 20, 1012: Jury selection continues for the second day when lawyers are allowed to question jurors based on their answers to written questionnaires.

August 14, 2012: Judge Edmunds will hold a hearing regarding Kilpatrick’s attorney James C. Thomas and a possible conflict of interest.

August 8, 2012: Jury selection process begins with 400 potential jurors answering written questionnaires. Kilpatrick raises issue that his attorney James C. Thomas may have a conflict of interest that could prevent him from representing Kilpatrick. Thomas says he has no plan to stop representing the former mayor.

August 7, 2012: Judge Edmunds rules that the jury will be semi-anonymous. Only attorneys will be given their names, but are prohibited from investigating them.

August 2, 2012: In an interview with WWJ-AM (950), Kilpatrick says he doesn’t expect to return to prison on his federal corruption charges.

August 1, 2012: Judge Edmunds issues an order on courtroom conduct including media bans, confidential jurors, and prohibiting any attempt to influence jurors in the courtroom.

July 13, 2012: The U.S. Securities and Exchange Commission asks for a default against Kilpatrick for failing to respond to criminal charges accusing him of a scheme to squeeze lavish trips and meals out of a businessman associated with a city pension fund.

June 29, 2012: Detroit businessman Anthony Soave says gifts to Kilpatrick that are part of the federal corruption probe were extortion.

June 28, 2012: Co-defendant Victor Mercado says in court filing that Soave paid for lavish trips and flights on jets for Kilpatrick.

June 27, 2012: Co-defendant Victor Mercado files motion seeking own trial.

June 26, 2012:  Bid-rigging case against Ferguson results in a mistrial.

June 12, 2012:Kilpatrick’s sister, Ayanna Kilpatrick, files for bankruptcy.

May 9, 2012: The U.S. Securities and Exchange Commission criminally charges Kilpatrick and former Detroit City Treasurer Jeffrey Beasley for soliciting and receiving $125,000 worth of private jet travel and other perks paid by the investment adviser to the city’s public pension funds.

 February 28, 2012: Kilpatrick’s former City Treasurer Jeffrey Beasley is indicted for taking bribes and kickbacks and faces up to 20 years in jail.

January 11, 2012: A federal judge in Mississippi throws out Kilpatrick’s $25 million lawsuit against SkyTel, the company that released text messages that resulted in a perjury conviction case against Kilpatrick.

November 30, 2011: Kilpatrick asks federal judge to keep the text messages released by SkyTel from the jury in the federal corruption case.  His lawyers ask the judge to keep the jury from hearing about the federal indictments of his father and friends as well.

October 11, 2011: Kilpatrick tells his parole officer that his first payment of the restitution will not come in on time.  He is expected to pay $150 a month but says his pay got delayed, causing him to need to pay later.  In addition, a letter from Kilpatrick’s wife Carlita is included in the prison records indicating that the family had no intention of residing in Michigan again.

September 12, 2011: Derrick Miller, who was originally charged with Kilpatrick and the other four defendants, pleads guilty to filing a false tax return and other charges, agrees to cooperate with the investigation and to testify at trial. Miller’s plea deal is the first time Kilpatrick is specifically named as receiving bribes.  Miller also admits to steering millions of dollars in contracts to Ferguson.

August 8, 2011: Kilpatrick’s lawyers request that Kilpatrick keep the profits from the sale of his memoir, Surrendered: The Rise, Fall & Revelation of Kwame Kilpatrick, instead of using it to pay off the restitution he owes Detroit, as a previous judge ordered.

August 2, 2011: Kilpatrick is released from state prison on parole after serving his 14 month sentence for failure to pay restitution. He immediately stops at Federal Court to meet with pre-trial services regarding his federal indictment on racketeering, extortion, fraud, and tax charges.  Later that month the court ruled Kilpatrick had to pay for his incarceration costs.

August 1, 2011: Kilpatrick’s memoir, Surrendered: The Rise, Fall & Revelation of Kwame Kilpatrick, is released.

July 26, 2011: It is announced that Kilpatrick will be released on parole at 6:30 a.m. on August 2, 2011, after serving time for failing to pay his restitution in connection to his perjury case.

July 7, 2011: Texas approves the transfer of Kilpatrick’s parole to that state, according to an official Kilpatrick family tweet.  After he is paroled, he will be free to leave prison and move to Texas.

June 24, 2011:The Michigan Parole Board approves the release of Kilpatrick.

June 14, 2011: Judge rules that Kilpatrick can only profit from his book after he has paid the restitution he owes Detroit.

June 13, 2011: The Secretary of State wants the Kilpatrick campaign committee to pay nearly $1 million in fines for alleged misuse of campaign money.

April 6, 2011: Kilpatrick is released from federal custody and spends his remaining 118 days at the Cotton Correctional Facility.

March 24, 2011: Psychiatrist diagnoses Kilpatrick with Post-Traumatic Stress Disorder because of the text messages SkyTel released. Kilpatrick says that if he could do it again, he still might lie about his affair with Christine Beatty to protect his family.

DETROIT, MI- AUGUST 14, 2015 Detroit Mayor Kwame Kilpatrick (R) and his fomer Chief of Staff Christine Beatty (L) are arraigned on multiple felony charges charges related to a text messaging scandle in Wayne County Circuit Court in Detroit, Michigan. In the center is the Mayor’s attorney Mayor Morganroth. (Photo by Bill Pugliano)

December 15, 2010: The federal case is expanded to include racketeering, conspiracy and other charges against Kilpatrick. Kilpatrick’s father, Bernard Kilpatrick, city contractor and friend Bobby Ferguson, former city appointee and longtime friend Derrick Miller and former head of the city Water and Sewerage Department Victor Mercado also are indicted on racketeering, conspiracy and other charges.

July 12, 2010: Kilpatrick is arraigned on 19 charges of tax evasion and mail fraud in federal court and pleads not guilty to all charges.

July 11, 2010: Kilpatrick is transferred to the Federal Bureau of Prisons.

June 23, 2010: Former Detroit Mayor Kwame Kilpatrick is indicted on 19 counts of mail and wire fraud and for filing a false tax return.

May 25, 2010:  Kilpatrick is ordered back to prison for failing to pay his restitution.

February 23, 2010: Wayne County Circuit Court Judge David Groner approves a warrant for Kilpatrick for failing to pay restitution in connection to his perjury case.

February 19, 2010:  Kilpatrick misses a restitution payment of $79,000. The court received only $14,000 and another $21,175 on Feb. 22.

January 20, 2010: Judge Groner orders as part of Kilpatrick’s probation that he pay the court about $320,000 within 90 days.

Oct. 29, 2009: It was revealed in court that Kilpatrick had received $240,000 in loans from Peter Karmanos, Dan Gilbert, Jim Nicholson and Roger Penske. Kilpatrick signed the promissory note, specifying the terms of repayment on August 12, 2009. Kilpatrick had received $150,000 of that loan on February 4, 2009. At those hearings, Kilpatrick was asked to explain his alleged poverty and could not say who paid for his million-dollar home and other lavish expenses.

Feb. 12, 2009: Kilpatrick was hired by Covisint, a Texas subsidiary of Compuware.

Feb. 3, 2009: After serving 99 days in jail for his perjury conviction, Kilpatrick was released and boarded a private jet for Texas.

Oct. 28, 2008: Judge Groner sentenced Kilpatrick to four months in prison for the “sex and text” scandal. Kilpatrick was also given a concurrent 120-day sentence for assaulting a sheriff’s officer who was trying to deliver a subpoena.

Sept. 19, 2008: Detroit City Council President Ken Cockrel, Jr. becomes Mayor.

Sept. 18, 2008: Kwame Kilpatrick’s last day as mayor.

Sept. 4, 2008: Detroit Police Chief Ella Bully-Cummings announces her retirement.

Sept. 4, 2008: Kilpatrick pleads guilty in his perjury case to two felonies and admits in court, “I lied under oath.” He also pleads no contest to one felony in his assault case. His plea agreements include resigning from office, 120 days in jail, paying $1 million in restitution, five years probation, and not running for office during his five years of probation. Kilpatrick also delivers a televised farewell in which he takes shots at Governor Jennifer Granholm, calling her removal hearings politically motivated. He also vowed that he would be back. “You done set me up for a comeback,” Kilaptrick said.

Sept. 3, 2008: Governor Jennifer Granholm begins removal hearing of Kilpatrick.

Aug. 26, 2008: Governor Jennifer Granholm issues order stating that hearings to remove Kilpatrick from office will go forward. The first hearing is scheduled for Sept. 3, at 9:00 AM.

Aug. 22, 2008: Kilpatrick plead not guilty to assault and obstruction of justice charges at Wayne County Circuit Court. Special Assistant Attorney General Doug Baker made a surprise plea offer, asking Kilpatrick to resign as mayor by Sept. 3 in exchange for dropping one of the felony charges. The mayor rejected the offer.

Aug. 18, 2008: Wayne County Circuit Court Judge Robert Ziolkowski rules that the Detroit City Council does not have the authority to remove Kilpatrick through a process called forfeiture.

Aug. 14, 2008: Kilpatrick and his former Chief of Staff Christine Beatty plead not guilty at their arraignment on several felonies before Wayne County Circuit Court Judge Leonard Townsend Townsend rules Kilpatrick does not have to wear a tether and may travel to the Democratic National Convention in Denver. Beatty’s attorney says she will testify against the mayor if the prosecutor’s office grants her immunity. Granholm’s legal team says she has no authority to pardon Kilpatrick because he hasn’t been convicted of a crime.

Aug. 13, 2008: The Michigan Chronicle calls for Kilpatrick’s resignation. U.S. Congressman John Dingell says Kilpatrick should resign.

Aug. 12, 2008: Judge Ronald Giles rules Kilpatrick didn’t violate bond conditions in the assault case when he visited his sister. This same day, Council of Baptist Pastors in Detroit asks Kilpatrick to “consider” resigning.

Aug. 11, 2008: Michigan Attorney General Mike Cox’s office files a motion saying Kilpatrick violated his bond in the assault case by having contact Aug. 9 with his sister, Ayanna Kilpatrick, a witness in the assault case brought by the attorney general.

Aug. 8, 2008: Wayne County Circuit Court Judge Thomas Jackson orders Kilpatrick released from jail but sets a $50,000 cash bond and orders the mayor to wear an electronic tether, limiting his travel to the tri-county area. This same day, Michigan Sate Attorney General Mike Cox charges Kilpatrick with assault and obstruction of justice for allegedly berating two court officers and shoving one of them when trying to serve a subpoena on the mayor’s friend.

Aug. 7, 2008: Judge Giles orders Kilpatrick to jail for violating the terms of his bond by traveling to Windsor.

Aug. 6, 2008: Granholm says she personally will preside over the state’s removal hearing, scheduled for Sept. 3.

July 25, 2008: Giles chastises Kilpatrick for an incident with investigators trying to serve a subpoena on his friend and orders the mayor to pay $7,500 and undergo random drug testing.

July 24, 2008: Kilpatrick allegedly cursed at two court officers and shoved one of them when they tried to serve a subpoena on a friend of the mayor. State police investigate to see if assault charges should be filed.

July 23, 2008: Kilpatrick travels to Canada for an alleged emergency meeting with Windsor city officials. He did so without notifying prosecutors or the court, which is a condition of his bond.

July 22, 2008: Worthy modifies two charges against the mayor to add that Kilpatrick sent and received “intimate or romantic” text messages with women other than his wife or Beatty.

July 17, 2008: Judge Robert Colombo rules that two Free Press reporters do not have to reveal how they obtained sexually explicit text messages published by the newspaper in January.

July 14, 2008: Detroit 36th District Court Judge Ronald Giles declines to release a number text messages that have not been published in the past and are sought by the Wayne County Prosecutor’s Office.

May 16, 2008: Chairman and Chief Executive of Compuware Peter Karmanos says, the mayor should not resign from office “because he’s the best we have.”

May 13, 2008: The Detroit City Council votes 5-4 to begin a process called forfeiture to remove Kilpatrick from office. They also vote 5-4 to approve asking Gov. Jennifer Granholm to remove Kilpatrick from office.

April 25, 2008: Detroit businessman and former Piston’s star Dave Bing says mayor should resign.

Most of the text messages included in the document focus on the relationship between Kilpatrick and Beatty, both 37, who have been friends since high school.

On April 8, 2003, Beatty wrote: “You told me that you would be my boyfriend everyday until I was your wife. Are you renigging?”

Kilpatrick replied: “Hell no! Don’t start none. Won’t be none …! LOL”.

Kilpatrick remains married to his wife, Carlita. Beatty left her husband at the end of April 2003, according to the document.

On April 13, 2003, Beatty wrote to Kilpatrick: “It is sometimes so amazing how much I love you. I can’t even describe most of the time how I feel inside when I think about you. You are an amazing man. Everything about you makes me love you. Your passion about life, your sense of humor, your presence, and your love of family.”

On May 1, 2003, Beatty referred to her separation from her husband: “I can’t see living this way with us being a ‘secret’ forever. I love you so much and I want to tell somebody, someday! (Smile).”

Kilpatrick responded: “In this important and somewhat confusing time in your life, please know with all our hearts and soul that I love you. And you will never, never be alone.”

April 1, 2008: After accusations of a conflict of interest, attorney Mayer Morganroth withdraws as Kilpatrick’s lawyer in the lawsuit against him, Beatty and the city on behalf of the family of murdered stripper Tamara Greene. Morganroth also represents Beatty in the perjury case in which she and Kilpatrick are co-defendants.

March 24, 2008: Wayne County Prosecutor Kym Worthy charges Kilpatrick and Beatty with several felonies, including perjury and obstruction of justice.

March 21, 2008: Colombo rules some text messages that indicate a romantic relationship between Kilpatrick and Beatty may be made public.

March 18, 2008: The City Council votes 7-1 on a nonbinding resolution asking the mayor to resign.

March 13, 2008: Cox says his office will look into new claims concerning the rumored Manoogian Mansion party.

March 12, 2008: Cox calls on Kilpatrick to resign, accusing him of race-baiting during the State of the City address.

March 11, 2008: Kilpatrick gives his annual State of City address in which he uses the N-word to describe threats he and his family have received. He also calls those who oppose him and the media of having a “lynch mob mentality.”

Feb. 27, 2008: The Michigan Supreme Court will not hear appeal and the records are released.

Feb. 19, 2008: The Detroit City Council asks the state Supreme Court to deny Kilpatrick’s request to keep records from being released.

Feb. 15, 2008: Kilpatrick’s attorneys appeal the Court of Appeals ruling to the state Supreme Court.

Feb. 13, 2008: The Michigan Court of Appeals upholds Colombo’s ruling.

Feb. 8, 2008: Beatty’s last day as Kilpatrick’s chief of staff.

Feb. 5, 2008: Colombo orders the release of records that detail the secret settlement agreement from the whistle-blowers’ lawsuit. But city appeals.

Jan. 30, 2008: Kilpatrick publicly apologizes on TV about the text-messaging sex scandal from his church with his wife, Carlita, at his side.

Jan. 28, 2008:
Beatty issues written statement: “I painfully regret the devastation that the recent reports have caused to the citizens of Detroit, to my coworkers, to the mayor’s family and to my family and friends.” She says she will resign and her final day will be Feb. 8.

Jan. 25, 2008: At a hearing before Wayne County Circuit Court Judge Robert Colombo Jr. on the Free Press lawsuit city attorney Colbert-Osamuede tells the judge she is unaware of any secret agreement in the whistle blower settlement. Wayne County Prosecutor Kym Worthy announces that her office is investigating whether Kilpatrick and Beatty perjured themselves at the whistle-blower trial.

Jan. 23, 2008: The Free Press publishes its first stories on text messages that show Kilpatrick and Beatty had a sexual and intimate relationship and that they lied under oath about it. The stories also show that they lied under oath when they said they did not fired Gary Brown. It is unclear how the newspaper obtained the text messages.

Jan. 3, 2008: The Free Press sues the city seeking documents in the whistle blower lawsuit and seeks text messages from SkyTel through a subpoena.

Dec. 7, 2007: The City of Detroit provided the Free Press with only the Nov. 1 settlement agreement for the Brown and Nelthrope case and one for the Harris case. The city did not provide the Free Press the confidentiality agreements.

Nov. 13, 2007: The Free Press files a second Freedom of Information Act request for all records regarding the settlement of both Brown and Nelthrope’s case and Walt Harris’ lawsuit.

Nov. 1, 2007: Kilpatrick approves a new settlement agreement that includes only the monetary terms of the settlement of the October 17 agreement. A separate confidentiality agreement was also signed mentioning the text messages, but it was never brought before City Council.

Oct. 29, 2007: The City of Detroit responds to the Free Press’s FOIA request stating that “there is no settlement agreement as parties are working out the details of the agreement.”

Oct. 27, 2007: Kilpatrick rejects the terms proposed in the Oct. 17 settlement agreement.

Oct. 23, 2007: Detroit City Council approves the settlement agreement.

Oct. 19, 2007: Detroit Free Press files the Freedom of Information Act request for the settlement agreement and all related records.

Oct. 17, 2007: Kilpatrick settles the case with Brown and Nelthrope for $8.4 million. The agreement includes a reference to the text messages and that they will be concealed. He also settles Detroit police officer Walt Harris’ case for $400,000. Harris filed a separate whistle-blower against the city. The settlement agreement is signed by city lawyer Valerie Colbert-Osamuede and others

Oct. 5, 2007: Stefani gets the text messages from SkyTel.

Sept. 28, 2007: Michael Stefani, attorney for Brown and Nelthrope, subpoenas SkyTel for text messages transmitted on Beatty’s city-issued pager.

Sept. 11, 2007: A jury awards Brown and Nelthrope $6.5 million. Kilpatrick vows to appeal. U.S. Congresswoman Carolyn Cheeks-Kilpatrick says, “We will appeal no matter how much it costs the city.”

Aug. 29, 2007: Kilpatrick testified in the same trial that he did not have a romantic relationship with Beatty.

Aug. 28, 2007: Christine Beatty testified at the whistle blower trial brought by Brown and Nelthrope that she did not have a romantic relationship with the mayor.

Aug. 21, 2007: The whistle-blower trial of Brown and Nelthrope begins at Wayne County Circuit Court.

Nov. 7, 2005: Attorney Norman Yatooma files a lawsuit on behalf of Tamara Greene’s family against the City of Detroit, Kilpatrick, Beatty and others. The lawsuit asserts that the investigation into her death has been purposely derailed.

June 24, 2003: After his own investigation, Michigan Attorney General Mike Cox clears Kilpatrick of the rumored Manoogian party, saying it has “the earmarks of an urban legend, and should be treated as such.” In his investigation, Cox never interviewed Carlita, and had a private, unrecorded meeting with the mayor, who was not under oath when questioned by Cox.

June 8, 2003: Former Deputy Police Chief Gary Brown and Detroit Police officer Harold Nelthrope sue the City of Detroit, Kilpatrick, Beatty and others for firing Brown and forcing Nelthrope out of his position.

May 9, 2003: Kilpatrick fires Detroit Deputy Police Chief Gary Brown for conducting unauthorized investigations related to the rumored party.

April 30, 2003: Stripper Tamara Greene is shot to death.

Fall 2002: A rumored wild party allegedly takes place at the Manoogian Mansion. Stripper Tamara Greene supposedly danced at the party and Carlita Kilpatrick allegedly assaulted Greene.

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