Updated: Wednesday, 8:15 a.m. -- WXYZ reports that U.S. District Judge Nancy G. Edmunds has denied Kwame Kilpatrick's latest request to be releaed from prison pending sentencing.
A new motion filed on behalf of convicted felon Kwame Kilpatrick indicates that he thinks he has plenty of appealable issues and is innocent of the 24 criminal counts he was convicted of in March.
It also talks about how he damaged his knee while getting into a U.S. Marshals van.
The motion filed Monday in U.S. District Court by attorney James Thomas, asks the judge for the third time to let Kilpatrick go free pending sentencing. His request the previous two times was rejected, and he's likely to have a hard time convincing U.S. District Judge Nancy G. Edminds to change her mind this time around.
Thomas writes that Kilpatrick has been preliminarily diagnosed with a torn Anterior Ligament (ACL).
In the motion he states:
This injury occurred just after the verdict in this case on March 11, 2013. While Defendant Kilpatrick was exiting the federal building, Chained and bound (hands and feet), he slipped on the rain soaked steel step of the Federal Marshal Van, being provided for transport to the Federal Detention Center at Milan, Michigan. After receiving no care for more than a week at the Detention facility,and experiencing tremendous swelling of the knee, the Court convened a meeting of the federal marshals and Detention Center Staff.
The next day Defendant Kilpatrick was seen by the staff physician at the Detention Center, who preliminarily diagnosed him with a torn ACL. A few days later a specialist was called in, who wanted to first drain the fluid and watch the progress over several weeks. More than 120cc's of very bloody fluid was removed from the Defendant's knee, and steroids were injected into the joints around the knee. Because of the lack of progress in healing, the staff physician called the Defendant for an appointment a few weeks after the injection and again diagnosed him with a torn ACL. An M.R.I. has now been ordered by the facility. If surgery is necessary, the institution does not have the medical staff, nor the rehabilitative services for these types of procedures. The risk of post-operation infection dramatically increases because of current detention conditions.
Thomas also writes that Kilpatrick has plenty of appealable issues.
Defendant Kilpatrick has legitimate issues of Appeal in the present case. Defendant Kilpatrick has numerous issues from systematic issues such as the infringement on his Constitutional right to counsel, Misleading and Wrong Jury Instructions, Lack of an Allen Charge given during Jury Deliberations, issues related to Pre-Trial publicity, as well as many others. Defendant Kilpatrick also has numerous substantive issues on the merits of the crimes charged, as well as Post-Trial issues that will be raised on Appeal as well.
He believes that he is innocent of all charges and will tenaciously pursue justice through an appeal.
Thomas also states that Kilpatrick is not a risk of flight, contrary to the judge's ruling.
Defendant Kilpatick was once called America's Hip-Hop Mayor. His case and verdict were broadcasted all over the United States of America. Defendant Kilpatrick's image and pictures have been displayed on local news stations throughout the country. The verdict of this present case was also broadcasted on CNN, MSNBC, Fox News, as well as a host of other National Television Stations. The Verdict of the present case was also viewed by millions on international television networks such as the BBC and Al-Jazeerah.
Defendant Kilpatrick is also 6'4" and nearly 300lbs. He is veryrecognizable throughout the country, and is no risk of flight.