The Exposed Being Exposed.....

The following excerpts are per Michael Stefani via the Detroit News....

Stefani: 'This whole thing could have been avoided'

Deposition shows why officers' attorney filed subpoena for texts after confusion during trial
Robert Snell / The Detroit News

Excerpts from a five-hour deposition of Michael Stefani, a lawyer for former Detroit police officers who filed a whistle-blower's lawsuit against the city.
 
• Stefani on why he filed a subpoena for the text messages after the Sept. 11 jury verdict:

"No question in my mind that the mayor lied through his teeth, and so did Beatty."
 
• On the publication of text messages:

"This whole thing could have been avoided if Christine Beatty had taken my phone call before there was any lawsuit, just talked to me about the mistake they made with (former Detroit Deputy Police Chief) Gary Brown. She said, 'No. It's a one-day news story.' And so, therefore, I think whoever did it should get an atta-boy. But I'm not going to tell you who I think it was."
 
• On confusion over whether the text messages were available during the trial:

"I put Beatty on the stand. I asked her some very specific questions about text messages: Did she ever send a romantic message to the mayor? Did she ever send a sexually explicit message to the mayor? Did she ever discuss Gary Brown in a text message? Did she ever discuss the release of (former officer Harold) Nelthrope's name? Her answers were no to everything. So then I went to the judge and I said, 'Would you look at the records? And if there's anything in those text messages that's contradictory, I want to introduce it.' He said, 'I don't have the text messages.' And I said, 'Sure you do.' And he said, 'No, you've got them.' I said, 'No, I don't. You've got them.' And it turned out nobody had them."
 
• On the contents of an envelope handed to Samuel McCargo, lawyer for Kilpatrick, during a stalemate in the facilitation process over attorney fees. The envelope contained excerpts of the text messages and a proposed motion that argued for additional attorney fees because Kilpatrick and Beatty allegedly lied under oath. The exchange happened during a facilitation meeting held after the jury verdict:

"Forty-five minutes after the facilitator handed McCargo the document, there was a knock on our door. We were in separate rooms. And the facilitator said, 'McCargo wants to talk to you.' And I got outside -- he was actually outside of the building. So I left the building and walked out in the parking lot. And McCargo looked ashen or shook up. And he looked at me, and he said, 'I had no idea.' "
 
• Stefani on his reaction to McCargo saying "I had no idea":

"I don't know whether he was saying I had no idea you got these text messages, or he meant I had no idea my clients were lying about their relationship. I didn't discuss that with him. He just said, 'I had no idea.' And then he -- he sheepishly, a few seconds later said, 'Have you filed this?' And that's when I said, 'No.' "
 
• Stefani said McCargo then called the mayor:

"And, you know, another fifteen minutes went by. And the facilitator came back into the room and said, 'He got a hold of the mayor at the airport, and the mayor has approved negotiating for a global resolution.' "
 
• On the city's claim the text messages were the mayor's and Beatty's personal property:

"McCargo took the position, not during facilitation, but in other conversations, that these text messages were the personal property of the mayor and Ms. Beatty, and they should be returned. And the city was going to tell SkyTel that -- or, McCargo, somebody was going to tell SkyTel that this was personal property, and they had no right to have those records."
 
• Stefani on a source telling him Kilpatrick gave Beatty money to buy a house:

"I believe to this date, it's only my belief, that the mayor gave Christine Beatty twelve thousand dollars to buy that house on -- that new house she bought. Because she had moved out of the home that she was living in with her husband. And my sources told me the mayor actually helped her pick this house out, this new one on Westmoreland. And when she went to apply for the mortgage, she had no money to put down. And the bank told her that she needed twenty-four thousand dollars. And the bank gave her, gave her, not loaned her, but gave her twelve thousand dollars. And my source told me that Beatty said, 'Well, the mayor will give me the other twelve.' And the bank said, 'Look, this can't be a loan. It has to be a gift.' And she says, 'Well, it will be a gift.' And he said, 'Nobody's going to believe that the mayor gave you a gift, so have the mayor give the money to your mother, then have your mother make a gift.'"
 
• Stefani explaining why he asked for text messages from Beatty's pager sent or received during specific time periods in 2002 and 2003:

"The reason I chose those two months, is because (former officer) Walt Harris had testified he saw --he accompanied the mayor out of town in September, I believe. And the mayor tried -- the mayor didn't allow Walt to make his usual security check of the hotel room. And when the mayor opened the door, he saw Christine Beatty sitting on the bed, totally -- as I understand it, totally clothed. And I wanted to see if there were text messages about that. Also the Manoogian Mansion party was supposed to have taken place in September. And I wanted to see if there were text messages about that. And sure enough, the text messages confirmed that the mayor and Beatty had made up their mind not only to fire Brown, but to fire his -- his inspectors and commander."
 
• Stefani on the city's motivation for rejecting an earlier settlement agreement:

"The reason that they rejected the October 17th settlement agreement was that they had received a Freedom of Information Act (request), and it dawned on somebody that they didn't want the text messages referenced in the settlement agreement, so they'd have to separate it out into a separate confidentiality agreement and a separate settlement agreement

Readers, I'm in the process of reading the full deposition to make comment but in a nutshell so far the deposition substantiates every allegation made against Kilpatrick and his attorneys. The method, ways and means. The City Council today filed a resolution today to remove the Mayor. Let's have some sordid fun with this - check out my latest poll...

And KwameExposed a few weeks ago attempted to piece together a timeline in accordance with the evidence found. Finally with the records released this is the true story (but I must admit, I wasn't off by much huh:))

The anatomy of a cover-up

Sept. 11
Jury awards two former Detroit police officers $6.5 million after they file a lawsuit claiming they were punished for investigating claims against Mayor Kwame Kilpatrick's inner circle. Kilpatrick vows to appeal.

Oct. 4
SkyTel sends officers' attorney text messages from Kilpatrick's former chief of staff, Christine Beatty. They include romantic exchanges between her and the mayor that contradict their trial testimony, raising the possibility of perjury.

Oct. 17
After negotiations with a mediator over the payment of attorney fees for Mike Stefani, the officers' attorney, Stefani shows the mayor's attorney a draft of a legal brief that reveals the text messages and the potential of perjury.
That attorney, Sam McCargo, meets with Stefani in a parking lot, looking "ashen faced." McCargo then contacts the mayor who dispatches another city attorney to the negotiating table.
Within several hours, they hammer out a clear-cut deal: Stefani would turn text messages over to a representative of the mayor; and the city agrees to settle the case for $8 million, with another $400,000 for another officer who had sued the city. It is signed by Stefani, McCargo and a city staff attorney. The agreement calls for council approval.
A separate "escrow agreement" is struck that details how Stefani would put text messages in a safety-deposit box at an area bank.

Oct. 18
In a surprise, Kilpatrick says city will drop appeal.

Oct. 19
Detroit Free Press files Freedom of Information Act request for all settlement documents.

Oct. 23
City Council approves an $8.4 million settlement. It does not see, however, the cash-for-text messages deal.

Oct. 27
Kilpatrick rejects Oct. 17 settlement agreement.

Oct. 29
City tells Free Press there are no settlement documents.

Nov. 1
The attorneys for the city create two new documents: One is the settlement agreement that council later sees that calls for the payment to the officers and says the city will not appeal. There is no mention of text messages. The second, "confidentiality agreement," is between the officers and Beatty and Kilpatrick -- he's not called mayor in the document. It requires the transfer of the text messages to the mayor's designee; the officers agree to forfeit their seven-figure awards if they talk about the messages. Council never sees confidentiality agreement.

Dec. 5
Parties hold meeting and finalize

Do you know that I incredibly know people who still support the Mayor? What the hell! What does he have to do? Shoot your dog or burn your house down for you to change alliances? With friends like these who needs enemies? It further substantiates the point that some of our people are lost. Trapped in the abyss between accountability and denial that your "brotha" can execute the worst of offenses - treason upon ones race.

The countdown of the Kwame administration begins now. Who you think will bring him down first - The City Council or Kim Worthy? Do you think that he will be removed AND will still be charged with perjury? Submit your comments.

Later,

KE

Live From New Orleans....

Before KE says anything I must post a quote by King Kwame....

"There's nothing new that came out and a lot of the reporting on this I think was an expectation that something new was gonna happen," Kilpatrick told WWJ. (A Local Radio Station in Detroit)

DUMB ASS!!!!! If that was the case why you fight releasing the records so bad..huh!!!!!

I've tried to keep this blog professional but our "City Government" (for lack of a better term has really pissed me off). Perhaps I'm cranky for the fact as just as I was leaving for the airport I get urgent text messages (heh, heh - not from Christine however) and phone calls that the Supreme Court told Kwame to kiss off while at the same time releasing the records....

So while this blog approaches just it's one month birthday with over 3,500 hits and counting (which is freekin' incredible if you asked me) AND I'M NOWHERE AROUND TO DO THE BIG SCOOP!!!!!!!!!!!!!!!!!!!!! (Can you tell I'm a little upset???)

So I'm thinking - alright make my flight with a layover - get to the hotel - read the story - do my post - everything will be kosher....

But uh...uh... A certain hotel whose name I won't mention (the Sheraton on Canal Street) has the audacity to charge $200 per night for a room that doesn't include a lady of the evening nor FREE WI-FI!!!!!!! (okay, I can't blame them for not including the lady but c'mon....) They wanted $9.95 per day for Internet use. I was extremely pissed!!!!!!! So I send this short message a day later from a coffee house about a mile down from the hotel on a bright cool day minutes off of Bourbon Street.

Alas, my full disclosure is as follows.....I have not read the documents as of yet but they have been downloaded. Thus, I don't know what the hell is going on and when I post at least I like to know what I'm talking about. So expect some detail hopefully by tomorrow or at the latest this weekend when I'm back home. My phone carrier whose name I won't mention (Metro PCS) doesn't work here either. I feel like I'm on a deserted island or something. Or are we just electronically spoiled?? Probably a little bit of both...

Some quick observations on New Orleans while I have you....

• People must walk here often as when they say something is in walking distance where I come from means relatively short but here takes forever. I must have logged like five miles in just a day and a half....
• They tax on food and at a 9% rate. If they tried that sh&*^&*^ in Michigan they would be tarred and feathered.... (is tarred a word?...If not, I just made one up....)
• The bars never close. People stay like perpetually intoxicated some literally walking around stumbling in the street. Fascinating to watch.
• This is an old ass town. Ate at a restaurant back to the 1700's last night that used to be an old slave depot. And could you believe it, they still had a whites only section! (just kidding but the party I was with were transfixed reading the historic plaque out front and I had to beg them to come in advising that they probably wouldn't be placed on a boat separated from their families. I mentioned that the industry is over but the mentality still rest back in Detroit with some folks...(like how I got my dig in huh?)...

Anyway, feel free to make comments in the interim and I appreciate you taking time to visit. Please bare with me as I deal with my electronic "dysfunctions"....

Au Revoir!

KE

An All Time Low For the Clintons

For a moment we are going to change the subject matter as KE is pissed off at the Clinton Campaign for race baiting. May I invite you to read the article below:

Obama camp slams Clinton team on controversial photo
Posted: 02:15 PM ET

Obama's campaign accused the Clinton campaign of circulating this 2006 photo of Obama Monday.

(CNN) — Barack Obama’s campaign accused Hillary Clinton’s team Monday of circulating a photo of the Illinois senator donning traditional attire – clothing worn by area Muslims – as a goodwill gesture during an overseas trip.
In a statement, the Clinton campaign called the charge “an obvious and transparent attempt to distract” voters from serious issues – but did not issue a denial.

The picture, which appeared on the Drudge Report this morning, was attributed to sources within the Clinton campaign – although the Web site did not reveal how many, or who, might have received the photo.

In a statement, Obama’s campaign manager, David Plouffe, said Clinton’s campaign was engaged in “shameful, offensive fear-mongering,” though he did not point to any proof beyond the original item that appeared on Matt Drudge’s blog.

“This is part of a disturbing pattern that led her county chairs to resign in Iowa, her campaign chairman to resign in New Hampshire,” said Plouffe. “and it’s exactly the kind of divisive politics that turns away Americans of all parties and diminishes respect for America in the world."

Earlier this year, some Clinton volunteers left her campaign in those states after circulating e-mails that falsely claimed Barack Obama was a Muslim – an inaccurate rumor his campaign has worked hard to dispel — and suggesting that his drug use as a young man might make him vulnerable to Republican attacks were he to become the nominee.

Clinton’s campaign manager Maggie Williams responded to the photo controversy with a Monday morning statement that insisted the New York senator’s team “will not be distracted,” but did not directly address the substance of the allegation.

“Enough. If Barack Obama's campaign wants to suggest that a photo of him wearing traditional Somali clothing is divisive, they should be ashamed. Hillary Clinton has worn the traditional clothing of countries she has visited and had those photos published widely,” said Williams.

“This is nothing more than an obvious and transparent attempt to distract from the serious issues confronting our country today and to attempt to create the very divisions they claim to decry. We will not be distracted.”

On a campaign conference call with reporters, Ret. Major Gen. Scott Gration, who traveled to Africa with Obama, said the photo showed that “he did what any great leader should do — he accepted the gift, accepted the hospitality, accepted that token of friendship."

–CNN Associate Political Editor Rebecca Sinderbrand

Now out of respect for the Democratic race and the goal of being non partisan out of respect for readers of this blog not to alienate anyone KE is beyond hot. I would expect this type of B.S. from the conservative side but certainly not from a fellow Democrat. Below is a post from another site written by readers like yourself about the incomparable Hillary Clinton. I could not have said it better myself:

First off, let's say something about experience. The bulk of Hillary's experience has been as a wife, not in elected office. Obama trumps her on that. Let's not assume the wife of the president or governor is equivalent to being the actual thing.The problem with Hillary's campaign was arrogance. They assumed that it was her turn.

She had the connections and machine and ran her campaign under that belief. It is my turn. They also assumed that they had the black vote locked up like sheep in a pin, and that they could win while dismissing whole geographic blocks of voters.But what they didn't count on is Obama running a highly effective campaign, equal parts organization on the ground, and fundraising via the internet.

Overlaying all of that was his deliberately positive theme, his ability to convey it effectively, and his lack of deviation from same.(And it's hard for the charge of empty rhetoric to stand when there is about 65 pages of policy initiatives of varying length and detail that one can download if one is really concerned about policy details. He knew that, voters know that).So as Obama surged based on his likeability and broad themes, they were not really prepared to have to spend money or effort fighting for each person's vote.

They had calculated that they would hit the major states, win them easily, blow off the smaller states, but lead in them, and have it all wrapped up by SuperTuesday.And that's the thing. She lost because she took tons of voters for granted. Small states. Black voters. Even now they are seeing slippage among hispanic voters and blue collar men, laying waste to the claim of Texas and Ohio being some kind of firewall.Think about it. You run an advertisement in Ohio saying, "Hillary has worked the night shift too" with her sitting doing paperwork in the middle of the night. Who are the people creating and approving such nonsense? Or when you talk condescendingly to the black candidate and compare him to Jesse Jackson, or say he won Louisiana because of black people, at the same time you want the black vote. You should at least pretend to hide the fact that you think blacks are sheep.

Mistakes all around that could have been avoided. Or, you knock Obama's connection with a supposed slumlord (based on legal work Obama was assigned as a junior associate) and the land deal he got (a side lot at that), while not bothering to really explain how you earned hundreds of thousands trading commodities when great CTA's like Victor Niederhoffer have blown up doing same. Glass. Houses. Stones.And finally it did them in. All stones and ballsy arrogance, taking just too many people for granted, and assuming too many people were stupid.Obama supporters also know that it is not one man running the government, nor is a president likely to get all he wants. So reality will limit some of Obama's exuberance. But yet, you want the person with the enthusiasm who fights for the job, and clean, as opposed to the one who stands there saying, "Gimme, it's my turn".

Posted by Finn February 22, 2008 2:39 AM
As smart as Hillary might be, if she was REALLY smart she would have realized early on the politics was not her true calling. Rightly or wrongly, image and personality are probably more important than ever in political life, and she's so sadly bereft that it's almost tragicomic. In the eyes of many, she's not a former First Lady, but Monica Lewinsky's ex-boyfriend's enabling wife: a cross between Lady Macbeth and Snow White's evil stepmother.

On top of that she's transparently disingenuous, foul tempered, and speaks like a hectoring schoolmarm. Dropping out of the race would just be a start for her: she needs to get out of politics entirely and become a forceful champion for her favorite social causes. As head of an advocacy group she would be formidable, not the sad caricature of a political wannabe she is presently.

Posted by Kelly Hall February 22, 2008 10:46 AM

For the rest of the week (or until the Supreme Court comes back with a ruling) KE is about to rip loose. Stay Tuned......

KE

The Window Narrows

The legal community and forces at large are making a resounding stand in effort to compel the Michigan Supreme Court to DO THE RIGHT THING and release confidential records which are in public domain. Today, Attorney General Mike Cox filed an Amicus curiae brief to the supreme court in support of disclosure of the confidential records. For details on the story click here.

That now makes the State of Michigan, the Detroit City Council and the Detroit News and Free Press respectively all against the Mayor and his legal defense team.

As a result of my post yesterday my sources tell me that the court realizes the ramifications of the ruling and will not only make an opinion but will set precedent defining the true meaning of the Freedom of Information Act and the public right to know. Now, that's not to say that they won't affirm the lower court's ruling but will certainly "lay down the law" when it comes to matters of disclosure by a public entity.

So Kwame Exposed just gave you the politically correct version of events as it's my responsibility to do so. What I really think is that the court is drafting up a ruling to put this matter to bed in such a way that it's going to make Kilpatrick and his legal minions look real stupid in the process. My intuition tells me that if it wasn't solely for Kilpatrick wanting to keep this mess going his Attorneys would have relinquished the documents weeks ago. They are quasi defense attorneys who go by the will of their client even though they know they have no case. But when it's on the cities dime what difference does it make?

A commenter to the blog made a good point about the records requested by Kim Worthy's office. She asked not only for documents related to the "text message" trial but also testimony by other officers that have sued the city. The assertion is that Kilpatrick may be up for multiple counts of perjury not just including this trial. The month of March is going to be a watershed moment on the Kilpatrick administration.

Other sources tell me that Kilpatrick was spotted at a revival at Oak Grove church in the Detroit area this past week looking very humble. They were surprised as Kwame usually makes public appearances in "Big Papa" mode. Could it be that he knows that once the records are released he will be expedited out of office either on his own accord or via a little help from city government? Time will tell....

So this is a question for the readers -

It has been reported that another dancer was killed in the Atlanta area that had a connection to the party that never happened at the mansion. The event occurred around the same time Strawberry was murdered and I wanted to do a post but don't have her name. If anyone out there in reader land has any tips it would be greatly appreciated.

And to the comments via the last post Quick Hits, there is a ton of angst regarding this ongoing story! Continue to vent and show your displeasure with City Government. A new feature has been added to the blog. In the "Leave a Comment" area you can now "voice" your thoughts by simply clicking on the box. Your message will be posted to the blog as a voice comment. Your number is not saved and identity kept confidential. I would ask that you please refrain from using expletives and keep your comments "on point". I would like to post as many as possible. Of course you always have the option to still post comments in the traditional sense.

I would like to invite you to visit a blog that discusses the state of the city in a broader sense and is well written by Police Officer John Bennett. His site also seeks the truth and I strongly urge you to make a visit and consider supporting his candidacy for Detroit City Council. The link is located in the recommendation section on the right side of this blog.

The next report will come from the Big Easy! Have a good weekend!

KE

Quick Hits....

Good Day Everyone,

Welcome again to everyone on our collective pursuit for truth and knowledge. The blog has been eerily quiet as we eagerly anticipate the ruling from the Supreme Court. But I just have one question:

WHAT THE HELL IS TAKING SO LONG!!!!!

The court has had the appeal for almost a week now and you would think this was a done deal.

Is a deal in the making? Will they agree with the Mayor or are they just slow? My "moles" have told me nothing so we wait VERY impatiently. (Can you tell that I'm just a wee bit agitated?)

And I'm not the only one - Detroit is also on edge waiting for the you know what to hit the fan. We all just want resolution.

KE is leaving for the Big Easy - New Orleans for a week so I'll be chiming in remotely. Just my luck to be out of town when the news drops. If this delay continues then I just may issue some remarks on the Presidential Campaign to bide time but until then be safe and keep your ears open.

KE

Kwame Exposed Update

Good Day Everyone,

For a brief moment its quiet here in Detroit as we all anticipate the ruling by the Michigan Supreme Court which expect should come later this week. The Detroit City Council filed a brief today requesting to join in with the suit with the Detroit News and Free Press. They also requested an expedited hearing. I'm trying out a new feature to the blog. If you want to read the brief please go to my associated site and just click on the PDF file: http://kwameexposed.googlepages.com/home

I would like to thank everyone for visiting this site. Over 2,100 hits in less than a month and plenty of accolades in between. My intent was to have fruitful discussion about the state of Black America and leadership and so far this goal has been realized. Kwame Exposed will stay live until this matter is brought to resolution. I’m experimenting with enhancements to the blog – video, direct access to documents and pictures that I hope add a little “flavor”.

If you have questions or information that you wish to contribute but not via the comment area simply email kwameexposed@gmail.com and I will be sure to reply expeditiously.

And on a parting note, this blog is for everyone. I don’t believe in the “us” vs. “they” concept. I certainly hope that my non African Americans brothers and sisters can take the lessens learned evaluating what happens when leadership fails and people stand on the right side of wrong. A progressive democracy should be predicated on the needs and will of the people. Elected officials who fail in this vehicle should tread with great peril. As a collective society we should embrace and manifest this concept whether in the midst of an urban agenda or the suburbs. Ultimately, it’s all relative and elemental.

KE

Kwame Live Video

For your viewing pleasure are videos relating to the Kilpatrick Saga. Four videos are included and a menu will populate as you click on the arrow to the left or right side of the viewer. Enjoy!

KE

Links for Additional Info....

Many readers have either contributed links in association with this story or provided information. For your viewing pleasure these are sites to learn more about this story:

For comprehensive information on the appeal documents and everything else associated with the case goto:

http://detnews.com/apps/pbcs.dll/article?AID=/99999999/METRO/80124001/0/METRO&template=theme&theme=METRO-DETROIT-MAYOR

For the rap video on Strawberry:

http://www.myfoxdetroit.com/myfox/pages/Home/Detail;jsessionid=D7AA70F814E923177D1C4DC2BD77D4B2?contentId=5751060&version=2&locale=EN-US&layoutCode=VSTY&pageId=1.1.1&sflg=1

For information on Tamara Greene select:

http://www.youtube.com/watch?v=KfMnRvBEmlc

For a cool page from our local news station WDIV in Detroit on the scandal:

http://www.clickondetroit.com/scandal/index.html

This pretty much covers it. I understand that I'm not the only Blog covering this story. I'm curious to read some of the others. Please submit those links so I can take a visit. Perhaps I can share knowledge with another author.

See Ya!


KE

The Jig is "Almost" Up

Hello out there in Kwame TV Land.... They just won't quit will they? Guess who made it up to the State Capitol today with only minutes to spare?????

Kilpatrick takes secret documents fight to Mich. Supreme Court
February 15, 2008

The City of Detroit today asked the Michigan Supreme Court to overturn a judge’s decision ordering the release of secret documents in Mayor Kwame Kilpatrick’s text-messaging scandal.

City lawyers filed the appeal at 2:45 p.m. at the Hall of Justice in Lansing. There was also a motion filed to seal the file, so none of the paperwork will be immediately available for public perusal.

On Wednesday, the Michigan Court of Appeals upheld a Feb. 5 ruling by Wayne County Circuit Judge Robert Colombo to release confidential documents that were part of last October’s $8.4-million settlement of a police whistle-blower lawsuit.

So let's have some fun. While we wait for the court to send back the cities plea via a paper airplane take my two polls dealing with the appeals ruling and Mike Stefani.

KE

I know you better than you know yourself.....

Reported Tuesday, February 5th in my post, “The End is Near – Or Is it?”

But don’t count Kwame out yet. If he and his cronies tried to “buy off” Kim Worthy (please see my previous blog) then just perhaps they are making calls now to the Judges that sit on the Appeals court and for good measure the Michigan Supreme Court as that will be where the case will go if the appeal is denied and the city elects to go farther or the appeal is affirmed and the plaintiffs go that route. That’s far fetched but so are Kwame’s truisms.

This is an article that appeared in the Detroit Free Press today, February 15th….

Court probes effort to influence appeals ruling

February 15, 2008
By JOE SWICKARD and DAVID ASHENFELTER
FREE PRESS STAFF WRITERS

Even before Detroit Mayor Kwame Kilpatrick appealed a court order last week to release secret documents in the text message scandal, someone tried to lobby one of three judges on the appellate panel that was to review the case, the Free Press has learned.

Officials with the Michigan Court of Appeals were so alarmed by the telephone call that they have launched an internal investigation and warned judges and staff members in an e-mail last week to guard against outside efforts to influence the court.

It is unclear who contacted which judge, or what the caller's message was, according to a person familiar with the incident who spoke on condition of anonymity because of the sensitivity of the matter. But the caller was not a lawyer or party in the case.

It is unclear whether the call was an innocent breach of judicial rules that say judges cannot "initiate, permit or consider" any outside communications "concerning a pending or impending proceeding."

Officials say they also are concerned because the composition of the three-judge panels within the appeals court system is supposed to remain confidential until the panel issues its ruling.

The practice is designed to shield judges from just such contacts.
Chief Judge Henry Saad declined Thursday to discuss the incident.
On Wednesday, Judges Brian Zahra, Helene White and Karen Fort Hood upheld a ruling requiring the City of Detroit to release all remaining secret documents that were part of an $8.4-million police whistle-blower settlement last October.
White and Hood said Thursday they could not comment.

Zahra could not be reached for comment.

Kwame exposed now rests its case….. Granted, we can’t be for certain one of Kilpatrick’s cronies didn’t contact the court but considering that the Judges who rendered verdict on the case was supposed to remain confidential only someone with inside knowledge could get close to them. You can come to your own conclusions but KwameExposed believes that the apple doesn’t fall too far from the tree.

Today is D-Day….At 5pm today the City has to make a decision to appeal to the Supreme Court, otherwise the records will be released early next week and all hell will break loose. Appealing will just delay the inevitable as there is a minimal chance of the court reversing the decision. The reverberations around the city will be huge as if the Mayor resigns or is released from his duties so goes out the door appointees such as Detroit Police Chief Ella Bully Cummings and Sharon McPhail. But the calculus of addition by subtraction (or in this case ethics and morality versus incompetence and moral ineptitude) will only upgrade city government and restore at least a modicum of civic responsibility to the minds of Detroit citizens.

My moles tell me that the Police Chief was on the news last night asking if anyone had information related to the Tamara Greene murder to please contact their nearest precinct. An interesting announcement considering that the Greene family stated most recently that they haven’t been contacted by the police with any updates on the investigation for almost a year and it’s now considered a “cold case” which based on the lawsuit and notoriety is now being investigated (or at least this is what the Police department wants you to believe). One can only assume that the Chiefs announcement was from a legality standpoint a publicity stunt to shield the city from complicity with the cover up. What they fail to understand is that in front of a jury of their peers they can’t reasonably expect not to be found culpable especially with any trust in Kilpatrick’s administration being summarily compromised with the Gary Brown lawsuit and other lawsuits that all revolve around similar issues.

For simplicities sake, all of the litigation involving the Mayor converges around a central issue which is the party that never happened. If you use the party as the nexus then consider the course of action of conspiracy. There are two basic tenets that remain a permanent fixture in this drama:

1. The Murder of Tamara Greene
2. The extramarital affair of Kilpatrick and Beatty

Lies beget lies thus connecting the dots. Let’s proffer this scenario and see what we find: (To further insulate myself from litigation, this is strictly my hypothesis based on facts, court records and testimony and internal knowledge. It does not implicate the principals discussed within nor makes accusations.)

• Party is held at the Mayors mansion unbeknownst to his spouse, Carlita.
• Carlita unexpectedly arrives and assaults Tamara Greene, a dancer better known as “Strawberry”.
• Strawberry is rushed to a downtown hospital by the Mayors detail. The detail is successful with destroying any incriminating medical evidence and Strawberry is released on her own recognizance.
• The rumors spread forcing Kilpatrick to have a press conference in front of his mansion stating that there never was a party.
• The guests at the party were people close to the Mayor – appointees and friends sworn to secrecy. The media has a difficult time corroborating the details, thus the party becomes an “urban myth or legend”.
• Strawberry is found murdered coincidentally by a Glock pistol – the same type of weapon issued to Detroit Police Officers.
• Gary Brown and Harold Nelthorpe – Detroit Police Officers not part of the Kilpatrick clan sets out to do an investigation on illegalities committed by the Mayors security detail unrelated to the party. The Officers were appointed by Jerry Oliver, former Detroit Police Chief who while being appointed by the Mayor was kept from certain information making him naïve about the incidents at hand. This relationship is very important as it is the one area that Kilpatrick didn’t have the necessary influence to mask the conspiracy.
• The officers find that their investigation is leading to a certain party that never existed and rumors of a certain extramarital relationship of which the Mayor is involved. They contact Internal Affairs relaying results of their investigation. It’s starting to get very hot.
• Internal affairs notifies the Mayor privately that he for lack of a better term is about to be “exposed”. They also threaten Nelthorpe telling him to stand down or possible repercussions may follow.
• Kilpatrick and Beatty discuss available options and decide to terminate these officers as quickly as possible. Proper protocol is to go through the Police Chief but they take matter into their own hands.
• The city is subsequently sued by these officers for wrongful discharge and the trial begins.
• Kilpatrick and Beatty state that they did not fire the officers nor did they have an extramarital relationship.
• The jury disagrees and finds the city culpable awarding the officers in excess of eight million dollars.
• The Mayor vows to appeal but reverses action after the Plaintiffs attorney advises the city of text message documents that confirm that in fact Kilpatrick and Beatty perjured themselves on the stand by indeed firing the officers and having an extramarital affair.
• The Mayor makes secret agreement to keep the text message matter private from the public in return for the actual text message documents and also agreeing to settle for the full jury verdict amount plus settlement of another related whistleblower case.
• The Mayor conveniently withholds the secret agreement information from the City Council who has to approve the settlement amount avoiding the exposure of the Text Messages.
• The text messages are released to the press anyway and here we are.

The correlation between the text messages, party and murder of Tamara Greene are too impossible to ignore. I would assert buried in the documents scheduled to come out next week, unless the City plans to appeal is information that directly links at least two of these items together – the party and text messages. Kilpatrick lies are predicated on the fact that he can’t be found out but over the course of six years many indiscretions have been discovered but the party is the one huge issue that no one has uncovered.

Here’s his dilemma, if it is established that there was a party that he adamantly denies then his culpability will be profound. The city would have you to believe that the murder of Tamara Greene was simply a case of being in the wrong place at the wrong time. A homicide similar to others in Detroit. But as any homicide investigator will tell you, murders generally don’t occur without motive. If it is true that Tamara Greene was eliminated because she was the one person who could not only confirm that there was a party at the Mansion but could also press charges against the Mayor’s wife for assault then she suffered the fate of collateral damage. No party, no proof but we are rapidly finding out that the conspiracy runs deep and this story is far from over.

Myths, rumors and innuendos tend not have staying power over years of time unless you’re discussing the disappearance of Jimmy Hoffa, the JFK assassination or similar dramatic events that have no resolution. Here in Detroit the streets talk. Kilpatrick knows that but as momentum shifts to find out the truth it becomes terribly difficult to keep all the lies in order and evidence hidden. One slip up and the walls come tumbling down.

I had an interesting conversation about Mike Stefani, the plaintiff’s attorney about if he was culpable in the text message cover up and I’m curious to hear your comments. Was Stefani as culpable as the Mayor in covering up the Text Messages or did he in turn use the messages to extort the full settlement from the City of Detroit? With Stefani being an officer of the court it is my opinion that he was obligated to turn over any documents that suggested testimonial impropriety. Some would say that he wouldn’t have received his settlement and his duty is to the interest of his clients to win the case garnering the largest settlement amount possible.

But when does the matter of ethics factor into the equation? I would suggest that he still would have received the full settlement based on the fact that his clients won the case regardless of Kilpatrick and Beatty committing perjury. Certainly, the city council would have still settled for the full amount to rid themselves of the mess. Granted, he probably would have had to settle the Walt Harris case separately but would have been in a better position to do so.

If any Attorneys are enjoying this blog (heh, heh) please chime in…. And for those who aren’t in the legal field what would you have done?

By the way, Stefani may have released the records to the media assuring settlement for his clients and still sticking it to the Mayor. What could the city do, sue him for breach of the secret agreement and erase the memories of everyone who read the messages in the Newspaper? Once they were out they were out. If this is what happened then Stefani is one slick lawyer – still unethical in his course of action but slick nonetheless.

Look forward to hearing your thoughts.

KE

What a Tangled Web We Weave….

What a difference a week makes. Kwame Kilpatrick is almost out of options – and friends. Earlier this week a person I wrote about in a previous blog – Attorney General Mike Cox jumped ship stating in an interview that nothing a public official does is private and he will wait to see what Kim Worthy does with the investigation before he intervenes.

In other words, if she doesn’t bust his ass then I will. (Wouldn’t that have made a nice quote?)

Now I’m not sure of the premise behind his sudden lack of allegiance for the Mayor other than he plans to run for Governor and wants to convey to the larger state constituency that these Spiro Agnew shenanigans won’t be tolerated. (For those who don’t know – Spiro Agnew vacated the office of Vice President under Richard Nixon after he was charged with the crime of tax evasion.) He lied about it, was exposed and had three choices – resign – go to jail or go to jail and by default resign – take your pick. Make a mental note of this last paragraph as the “insert Kwame here” label will apply quite possibly very soon.

The Detroit City Council named independent council to provide legal advice and pursue those “secret” records. Council was named as they finally came to the conclusion that they couldn’t trust the intellect and non biasness of the city attorneys who serve at the pleasure of his highness – I…I..mean the Mayor.

And the self proclaimed “Hip Hop Mayor” also lost his base – you know, the pants sagging to their ass leave a black man alone constituency prevalent in the urban sector. Two rappers penned a rap song called “Strawberry Letter 23” that alleges the Mayors culpability in the murder of said dancer Tamara Greene a.k.a. “Strawberry”. It should be out in a few weeks and I will post information as soon as I locate the link.

Kim Worthy also stated yesterday to give her office thirty days to take action on the perjury charge. Hmmmm…. They’ve already had it for at least two weeks. I would surmise that a case is building and they want it to be iron clad plus they are waiting on obtaining ALL the records to the secret agreement before proceeding.

Speaking of the secret agreement, I’m not an Attorney but as a hobby read Supreme Court briefs and must say that the appellate brief that the City turned in wouldn’t have passed Moot Court in a fourth tier law school. The brief had misspellings and nothing that would sway the court. I’m surprised that the Appeals court took that long to render a decision considering that their opinion was surprisingly brief minus a significant amount of legalese. I guess that was their nice way of saying don’t bother us again with this bull%$%! I can only hope that Kwame and has band of legal beagles submit and not force the issue to the state Supreme Court. Every continuing day of trying to hide the evidence only loses support – or the little that they had. As I have said before – whatever is in those documents will cause the Mayor to resign. It must be that serious to fight it this far.

In the “Kwame News Hot off the Wire” to the right of this piece are links that will take you to the actual appeals court brief and on the Detroit News and Free Press sites are WebPages dedicated to this drama. This weekend I plan to post pictures of the players in this saga. Feel free to submit questions. I will answer the ones I can or place you in the right direction.

Today’s blog is dedicated to the memory of Tamara Greene whose spirit will not rest until the truth is told. Peace be to your son and let your legacy be avenged with the force of the judicial system.

Be good to somebody today.


KE

The End is Near - NewsBreak!!!!!!!!

Folks, stay tuned for a new blog tomorrow.... So much new information is coming out I can't keep up...

And thanks to those reading from Europe and across the country. This blog is gaining steam...

KE

Appeals court orders city to hand over Kilpatrick documents

Records can't be released until Friday
February 13, 2008

By DAVID ASHENFELTER, JIM SCHAEFER AND M.L. ELRICK
FREE PRESS STAFF WRITERS

The Michigan Court of Appeals today ordered the city of Detroit to release the rest of the settlement documents that Detroit Mayor Kwame Kilpatrick used to conceal that he and former Chief of Staff Christine Beatty lied under oath at last year’s police whistleblower trial.
The appeals court also ordered the city to release a transcript of a 5-hour deposition in which cops’ lawyer Mike Stefani told the Free Press how the secret deal came about.

But the public will have to wait a while longer to read the documents. The appeals panel delayed the release of the records until Friday to give the city more time to appeal its decision to the Michigan Supreme Court.The appeal was denied “for failure to persuade the court of the need for immediate appellate review,” the 3-judge appeals panel said in an 6 paragraph order. The decision, signed by Judges Brian Zahra, Helene White, and Karen Fort Hood. It came one week after Wayne County Circuit Judge Robert Colombo Jr. ordered the city to release the documents, which the Free Press has been trying to obtain since October.

Today’s decision is the latest chapter in a saga that began last August when a Wayne County Circuit Court jury awarded Brown and former mayoral bodyguard Harold Nelthrope $6.5 million after accepting their claims that Kilpatrick and Beatty forced them out of their jobs because they were investigating alleged misconduct by the mayor’s security team, an inquiry that might have exposed the affair.Kilpatrick had vowed to appeal, but less than 24 hours after the secret deal was struck, he announced he was settling the lawsuit and a second whistleblower case brought by former mayoral bodyguard Walter Harris for $8.4 million. Kilpatrick said he had decided to settle on the advice of pastors, business leaders and Detroiters. He made no mention of the text messages.

After the Free Press requested the settlement agreement under the Freedom of Information act, a city lawyer initially said the settlement did not exist. The Free Press asked again and the city eventually produced 9 pages, which turned out to be the portion of the settlement crafted for public consumption. It contained no mention of the text messages or other crucial terms of the actual settlement agreement. The Free Press filed an FOIA lawsuit on Jan. 3 to obtain the rest of the documents.On Jan. 23, the Free Press published an online story about its review of nearly 14,000 text messages that Kilpatrick and Beatty exchanged on her city-owned pager in 2002 and 2003. The messages showed they had lied under oath when they denied at the cop trial that they had been involved romantically. They also gave misleading testimony about the firing of Brown.Two days later, the newspaper published a follow-up story in which the cops’ lawyer, Mike Stefani, said the $8.4 million settlement was governed by a confidential agreement. Stefani said the terms of the deal prohibited him from discussing it. Colombo then ordered Stefani to submit to a Free Press deposition and provide all of the settlement documents.At that hearing before Colombo, city attorneys denied any knowledge of a secret agreement.Colbert-Osamuede told the judge she was “not aware of any confidential agreements.”During a five-hour deposition on Jan. 30, Stefani provided the documents to the newspaper and explained how the single settlement evolved into public and private agreements.

Last Wednesday, Colombo ordered the release of the documents and a transcript of Stefani’s deposition, but left the materials under seal so the city could appeal his decision. The judge urged the city not to challenge his ruling, saying the documents were clearly public.But the city did appeal the release of some documents last Thursday. Free Press lawyer Herschel Fink and other lawyers were prohibited from divulging the contents of Stefani’s deposition or the documents. The city urged the appeals court to overturn Colombo’s decision arguing that two documents – known as exhibits 11 and 10 – are not public records.Exhibit 11 is the original settlement agreement that the city negotiated Oct. 17, two days before the Free Press requested a copy.Exhibit 10 is a document Kilpatrick signed on Oct. 27 rejecting the Oct. 17 agreement.

Lawyers for the mayor and the city later split the Oct. 17 agreement into public and private parts. The mayor and other city officials have argued that there was nothing wrong with negotiating the secret agreement, saying both sides were merely seeking the return of private documents acquired during trial preparation. They said it’s done all the time.But legal experts have said that applies only to lawsuits involving private individuals or private businesses. City Council members and Attorney General Mike Cox have said governmental lawsuit settlements must be public because taxpayers have a right to know how their money is being spent. The city also argued that private information of Brown and Nelthrope was contained in the agreement. Stefani, their lawyer, said that was an insurance policy crafted by Kilpatrick’s lawyers in case they needed to argue that the document should remain sealed.Brown and Nelthrope said the city already aired their private information during the lawsuit, and that they had no problem with unsealing the document.

Meanwhile, Wayne County Prosecutor Kym Worthy is investigating Kilpatrick and Beatty for possible perjury charges and said today she expects her office to take action in the case within the next 30 days. The City Council last week ordered an audit of the mayor and Law Department.Contact JIM SCHAEFER at 313-223-4542 or jschaefer@freepress.com.

The Ghost of Strawberry

Hot off the presses..... If you think the text message scandal is something wait til' this investigation picks up speed.....

Lawyer seeks text messages, GPS coordinates from night stripper died
February 11, 2008

BY BEN SCHMITT

FREE PRESS STAFF WRITER

A lawyer today said he will seek text messages from every City of Detroit employee sent during a 4-hour window on the night a stripper known as Strawberry was shot dead in the city.

In addition, Norman Yatooma wants global position system coordinates that show the physical location of each of those employees.

Yatooma of Birmingham filed the subpoena to Clinton, Miss.-based Skytel Inc. for the text messages today in Detroit’s U.S. District Court. He is representing Greene's 14-year-old son, Jonathan Bond, in a federal lawsuit alleging that police and city officials covered up her April 30, 2003, death.

Greene was gunned down at 3:40 a.m. in a car that she was parking at Roselawn and West Outer Drive. The drive-by shooting remains unsolved.

Detroit Police spokesman James Tate said the case remains open in the department’s cold case squad and police are actively seeking any information to help solve the murder.

Yatooma said he did not know how many city employees might have the text messaging devices, or whether the units have GPS capabilities.

Yatooma’s new subpoena asks for text messages, instant messages, telephone calls and email messages “to each and every city of Detroit employee during the time period of 1:30 a.m. to 5:30 a.m. on 4/30/03.”

Yatooma said he did not know how many city employees might have the text messaging devices, or whether the units have GPS capabilities.

“There are 18,000 city employees. But 18,000 of them did not have Skytel-issued communication devices,” Yatooma said. “And more than that, 18,000 weren’t awake and texting between 1:30 and 5:30 in the morning on April 30th. But if 18 of them were, I’d like to have those 18.”

Of the GPS request, he said: “If they made a phone call at 3:41 a.m., we want to know where they were.”

Yatooma has already asked for text messages from 34 people in his lawsuit. Among those listed: Kilpatrick, his bodyguards Mike Martin and Loronzo Jones, former chief of staff Christine Beatty, former Police Chief Jerry Oliver, Police Chief Ella Bully-Cummings and former Police Lt. Alvin Bowman, who investigated the shooting death of Tamara Greene.

Bowman charged in a lawsuit that city officials transferred him out of the homicide division because he was investigating what happened to Greene, who was rumored to have performed at an alleged Manoogian Mansion party in fall 2002. Bowman left the department citing stress leave.

State Attorney General Mike Cox, whose office investigated the alleged party, dismissed the rumors as an urban legend. Michigan State Police officials also said they found no evidence of wrongdoing, although some officers testified during Bowman's trial that Cox impeded their investigation by denying them subpoenas.

A Wayne County Circuit Court jury awarded Bowman $200,000 after a trial that ended Oct. 21, 2005.

Southfield attorney Mayer Morganroth, who is defending the city in the lawsuit, said Yatooma is asking for millions of documents.

“I think it's absurd frankly,” Morganroth said. “What he's asking for is records involving an ongoing investigation. I don't know what he thinks he's doing.

"We've got a motion to quash and dismiss and the case will be dismissed," he added.

Put your Gas Mask On! It's the Kwame Smokescreen!

Blasted on the front pages of the Detroit Free Press www.freep.com and Detroit News www.detnews.com is the breakdown of Kwame’s world tour to a couple of radio stations yesterday. Check on the links to the right for additional information.

I’m not going to go word by word ad nausea as it has been well documented that many of the comments espoused were simply inaccurate or blatant lies. But I will say that per the Kwame Manifesto as illustrated in a previous post (see the “Demise of Kwame”) the spin is in full swing. I am surprised that he has come out this early to try and gain support which makes me believe that his counsel knows that they are going to lose their appeal and the full documents will be out sometime next week.

But let’s break this down for a moment because Kilpatrick stated that the Free Press obtained the text messages illegally and that HIS rights were violated as they were of private negotiated settlement – the same settlement that was conveniently withheld from City Councils view. Prior to printing the story the Free Press advised the Mayor of such with 24 hours notice and asked for comment of which he declined. His argument would stand if he had counsel request an injunction from the court requesting that the paper couldn’t run with the story. No – what he did was call Kim Worthy attempting to manipulate her in not pressing charges. (See post “I’ve fallen and I can’t get up!!!”) Nor has his attorneys sought legal relief from the paper. This illustrates a couple of things about Kilpatrick –

1) He knows this is the truth but the majority of Detroiters don’t – so what do you do? Manipulate the citizens into believing that you were wronged by blaming everyone but yourself.

2) He’s trying to shift the argument to blaming the messenger – not the message (i.e. text messages).

I have read the 50 plus page appeal from the city and the Judges original order to release the documents and the city doesn’t have a case. But to clarify, their argument is predicated on the fact that they believe the documents were attorney/client privilege exempt not only from FOIA but also from the Open Meetings Act. Thus, all documents contained in the agreement were private and not subject to scrutiny.

The Judge however makes a compelling and correct argument that when the contents contain evidence that substantiate fraud and perjury on the court then they can’t be the basis of any agreement of which the case was said party.

Michael Stefani is a slick lawyer. Knowing that the Text Messages were public documents he used the contents against Kilpatrick to gain a quick settlement. Now I don’t know where the Free Press obtained the messages but I can tell you that even if he elected to release them and even if Kilpatrick found out they still wouldn’t be able to collect any of the settlement money back from the Plaintiffs as detailed in the secret agreement because the agreement hid damaging proof of perjury from the defendant.

{Editors note: There has been discussion about what is and what isn’t classified as a secret agreement. The city says it’s not – everybody else states the contrary. It goes like this – a confidential agreement is confidential if only privy to the parties in question. It would stay confidential in front of the City Council if they announced that the documents were key to the resolution of the settlement. However, with this being a public matter the council could elect to see the documents in private thus preserving the contents from public view and satisfying the need for council to make a qualified decision on whether to accept the settlement. Kilpatrick didn’t want to take the risk of being exposed by council so he purposely elected not to inform them of the full settlement. That’s when it became secret. The parties in the suit knew but no one else.}

So let’s summarize the events at hand (and I’m going to do this Detroit style since Kwame likes to play Detroit – white man is out to get us victim). Note, this is completely conjectured and is strictly my opinion. (That’s my disclaimer so I won’t be sued…)

The plaintiff lawyers goes to Kwames lawyers and says,

“Hey, We won the damn case fair and square and now yall want to settle for peanuts! I got $500,000 in attorney’s fees coming to me and I want yall to pay up now!”

The city attorneys Say,

“Puh-leese….We can drag this out for another couple years while your clients suffer through appeals. We got all the time in the world so you tell Brown, Nelthrope and your other client Walt Harris that they can kiss our ass until we tell them to stop! And for that half a million you want (laughs and grab his testicles)….

The Plaintiffs’ Lawyer says,

“Hmmmm…..I see well Mr. City Attorney why don’t you pass this envelope over to Massa Boss Attorney and tell him to get back to me…will ya’ do that for me? (Massa Boss is the lead attorney Sam McCargo)

The envelope is passed containing a motion from Stefani to be sent to the judge detailing the text messages, accusations of perjury and obstruction of justice – the whole nine…

Within one day if not minutes Sam McCargo speaks to Stefani privately,

“Michael, my dear man, certainly we can come to an amicable agreement that will satisfy all parties can’t we? What do you want? Wait! How about the FULL settlement amount plus your attorneys fees – which were very reasonable I might add – AND we will even settle the Walt Harris case while were at it.

{Editors note: Walt Harris is another whistleblower trial brought on by a former Kilpatrick detail officer}

“Now those “messages” you have will be of interest – it is of course contingent that we have those items back – wouldn’t you agree?”

The Plaintiffs Lawyer says,

“Yeah whateva’ Just CUT THE DAMN CHECK!!!!!”

(script over)

The Mayor comes out the next day and states after consulting with church leaders, the city council and business leaders he “decides” to settle the case which ranks up there with the biggest piece of bull%^^ bamboozling that I’ve ever seen.

The “secret” agreement was put in place in effect to hide the evidence and Kwame thought that this was a closed case.

But then he got busted anyway. (oops!)

Based on the testimony in the trial and the questions Stefani asked, I have to surmise that he knew of the relationship between Beatty and Kilpatrick and was waiting on evidence to cooberate this theory. Gary Brown on the stand said that he was fired as a result of Kilpatrick and Beatty possibly exposing their relationship. To make the proof to the jury the questions had to be placed on record so just in case they lied and he obtained information refuting their testimony either during or after the trial he had the smoking gun to appeal.

But I don’t think that he expected the text messages to be so clear and compelling that they proved his hypothesis and then some. He won the case without them and Kwame is still going down. Must be Christmas everyday in the Stefani household.

But the smoking gun is soon to follow. There is something buried in that secret agreement that the city is trying so hard to keep from the public. If you think what that might be submit it to my poll.

Now on a personal note, folks who know me love the blog and ask why do I do it? Well, quite frankly – minus my personal commentary I wanted to tell the truth of what’s going on here in city government. I strongly feel that this information benefits any Detroiters – white or black with truly understanding the culture we live in and how a populace can be constantly manipulated and misinformed. This saga is a classic example of when a constituency absent of accountability and ethics lets those within destroy the core of an existence that was supposed to be based on moral impetus and consciousness. The esteemed Judge Damon Keith stated “Democracy ceases behind closed doors” and that is precisely what happened here. But what really bothers me is the volume of deceit and lies brought on by the Mayor. He’s a smart man who has been playing the city and Detroiters are either too incompetent or blind to care.

As a Detroiter it’s my responsibility to change or modify some minds by exposing the truth hoping that the end result will be us as people expecting more from elected officials and not expecting less. Perhaps this scandal had to happen to wake people up. Let’s hope it doesn’t happen again. If you know better you will do better.

Stay tuned for the next segment of Kwame Exposed!!

Radio Interview with Da' Mayor....

Our Mayor brought down from the heavens did a radio interview today on Mix 92.3 in Detroit. Click on the title above....the interview is broken into three parts located half way down the page. If bandwith is high and you can't get in don't be dismayed. Try back in the later hours when it's not so much traffic.

A few things to note on the interview -

Kwame talks A LOT in third person. That ego is as big as the jury verdict.

The interviewer is family friends with da' Mayor. That's why all those snowball questions were thrown out.

Sounds to me like he was sorry that the Free Press exposed him versus having repentance. Even had the nerve to say that his rights were violated! Incredible - I was tempted to turn off the radio at that point..

If you have read my previous blogs the Kwame manifesto is in full swing - blaming the media, God brought him here to "save" our souls - all these idioms are put forth by his royal highness.

Enjoy.....

And I may add....The Detroit Free Press had a "little" to say about his highness comments today:

A defiant, repentant Kilpatrick questions legality of investigation

God assigned me to run Detroit, he tells radio audience

February 8, 2008
BY BEN SCHMITT
FREE PRESS STAFF WRITER

Detroit Mayor Kwame Kilpatrick today accused the Free Press of illegally obtaining the text messages that exposed an affair between him and his chief of staff and showed that they lied to jurors about their sexual tryst.

“How did they obtain these records? Where did they get them?” Kilpatrick said during a radio interview on WMXD-FM (92.3, the Mix). “The Free Press obviously had some meetings that they ought to answer to."

Kilpatrick said the text messages were confidential and came after an $8.4- million settlement stemming from a whistle-blower lawsuit brought by three former police officers.
“I think the Free Press has committed a crime. I believe they committed a crime,” Kilpatrick said.

Caesar Andrews, executive editor of the Free Press, denied the mayor’s accusation.
“The Free Press did nothing illegal. We verified our coverage in numerous ways and reported only on the facts. This is such an important story that we’ve insisted on the highest standards in deciding what to publish,” Andrews said.

“No one, including the mayor, has challenged our factual reporting. And no one, including the mayor, has offered one iota of evidence that the Free Press engaged in anything criminal. His claims about the nature of Free Press coverage are just not logical, and they're not true,” Andrews said.

“The proper focus for our coverage has been the conduct of the mayor. That's the real deal,” Andrews said. “The mayor cannot be allowed to shift the blame elsewhere. There is no conspiracy. There is no hidden agenda. Our news coverage really stands on its own.”
Chief of staff Christine Beatty last week submitted her resignation, and her last day at city hall is today. Kilpatrick apologized to his wife and citizens in a televised address, but indicated he had no intention of quitting his position in light of the scandal.

A repentant Kilpatrick kicked off the first five minutes of the radio show by saying that he’s working to repair his family life.

“It’s clear that I’ve been disobedient to God and I’m getting my whipping for it,” he said.
Frankie Darcell, a friend of the mayor’s wife, Carlita, kicked off her radio show by simply asking Kilpatrick: “What were you thinking?”

“Oh boy,” he said. “…there have been times that I wasn’t thinking too well.”

The mayor said that he believes he is on assignment from God to run the city of Detroit and he has no plans to resign.

He also said Beatty did the right thing by resigning after text messages surfaced in the Detroit Free Press that exposed their affair.

“Clearly, we both made some mistakes,” he said of Beatty.

"I hope she has an incredible life.”


Now continue to stay tuned at KwameExposed - The ONLY blog that gives you the truth - straight no chaser. This is the best analysis period on this subject. And it ain't perjury!

What's An Urban Myth Again???

Folks... This is just the least of Kwames worries.. Fresh off the presses...

Judge to city: Why not save stripper messages?February 8, 2008

By DAVID ASHENFELTER

FREE PRESS STAFF WRITER

A federal judge told the City of Detroit on Thursday to explain why he shouldn't order a telecommunications firm to preserve the text messages of 34 city employees who may know something about the investigation of the killing of a stripper who may have danced at a long-rumored party at the mayoral Manoogian Mansion in the fall of 2002.

U.S. District Judge Gerald Rosen gave the city two weeks to tell him why he shouldn't order Skytel of Jackson, Miss., to save messages of Mayor Kwame Kilpatrick, Police Chief Ella Bully-Cummings and other officials.

Birmingham lawyer Norman Yatooma, who represents the 14-year-old son of the dancer in a lawsuit against the city, wants the messages so he can see whether city officials derailed the homicide investigation of Tamara Greene's 2003 slaying, which remains unsolved.

Officials have denied scuttling the investigation and the existence of the party.

Bamboozled and Hoodwinked

Today we explore the tenets of the Kilpatrick defense and their vigorous opposition to the releasing of secret court documents pertaining to the whistleblower trial. From the Detroit Free Press today these are excerpts from da’ Mayor himself…

WASHINGTON -- Detroit Mayor Kwame Kilpatrick defended on Wednesday his efforts to prevent the public from seeing the secret documents that prompted his $8.4-million settlement with three former cops who sued him.

"We want the public to have all the information the public wants to have," Kilpatrick told the Free Press after addressing a congressional committee.

"We also want to make sure that we understand what the FOIA is all about -- that it's about private issues that go on in a lawsuit," he said, referring to the state Freedom of Information Act.

On Tuesday, Wayne County Circuit Judge Robert Colombo Jr. granted a Free Press request to release secret settlement documents under the Freedom of Information Act. City officials initially claimed no such records existed, and now argue they should remain private.

Kilpatrick, who was in Washington, D.C., to testify about casino issues, said he supports an appeal.

"I think that the most erroneous things that have been mentioned through this entire period have come from the newspapers," the mayor, a lawyer, said Wednesday.

"You all need to know that the judge's ruling yesterday talked about a confidentiality agreement. It had no mention of anything else, no mention, no ruling on anything about anything else. And the confidentiality agreement is about process more than anything else. ...

"If you've been involved in a lawsuit ... whether it's health or banking or finance and all these different things, there's some sharing of that without being in the public eye. So unfortunately the court decided it needs to go to the appellate division to be decided."

Essentially what the Mayor is stating is that settlements agreed upon by parties, even when administered in a public governmental setting when certain documents are considered private are not subject to FOIA. He attempts to compare this case, erroneously I may add, to non public entities such as the health, banking or the finance sector.

However, the Mayor and counsel – Sharon McPhail – who we will discuss a little later in this blog, once again make the gross assumption that the general public doesn’t have the faintest idea of what the state Freedom of Information Act contains or how it is enforced. They prey on the publics ignorance of the act using these statements to predicate the defense of “Us (read: black folks) against Them (read: the media).

And they also assume that you Black folks are stupid, incompetent and even if you could read it wouldn’t be able to discern the legalities of said document because most Detroiters have an average of a fifth grade education anyway.

Well, I happen to be one of those educated Negroes who do know how to ascertain the facts and I’m their worst nightmare.

So with that said let’s welcome (drum roll please)……

The…..(more drum roll) FREEDOM OF INFORMATION ACT!!!!!!!!!!!

This information is culled direct from the State of Michigan Attorney Generals website:

SUMMARY OF MICHIGAN’S FREEDOM OF INFORMATION ACT (FOIA)
The following is an updated summary of the basic provisions of the Freedom of Information Act (FOIA) as amended by 1996 PA 553. The actual text of the statute follows in Section II.
Basic Intent:The Freedom of Information Act regulates and sets requirements for the disclosure of public records by all “public bodies” in the state.

Key Definitions:“Public body” means a state officer, employee, agency, department, division, bureau, board, commission, council, authority, or other body in the executive branch of the state government, but does not include the governor or lieutenant governor, the executive office of the governor or lieutenant governor, or employees thereof. It also includes:

an agency, board, commission, or council in the legislative branch of the state government;
a county, city, township, village, inter county, inter city, or regional governing body, council, school district, special district, or municipal corporation, or a board, department, commission, council or agency thereof; or any other body which is created by state or local authority or which is primarily funded by or through state or local authority. It does not include private non-profit corporations.

“Public record” means a writing prepared, owned, used, in the possession of, or retained by a public body in the performance of an official function, from the time it is created.

Hmmm….. Doesn’t say anything about the exclusion of private records and as a matter of fact specifically states in the last paragraph the broad parameters that the act governs. Let’s continue…

Public Records Open to Disclosure:In general, all records except those specifically cited as exceptions are covered by the Freedom of Information Act. The records covered include minutes of open meetings, officials’ voting records, staff manuals, final orders or decisions in contested cases and the records on which they were made, and promulgated rules. Other written statements which implement or interpret laws, rules or policies, including, but not limited to, guidelines, manuals and forms with instructions, adopted or used by the agency in the discharge of its functions, are also covered.

It does not matter what form the record is in. The act applies to any handwriting, typewriting, printing, photostating, photographing, photocopying and every other means of recording. It includes letters, words, pictures, sounds or symbols, or combinations thereof, as well as papers, maps, magnetic or punched cards, discs, drums, or other means of recording or retaining meaningful content. It does not include computer software.

Wow! Covers a significant amount of documentation. Virtually any and everything that a Public Entity has in its possession is subject to review. But wait! The matter of exemptions to the FOIA was mentioned. Perhaps this is where the Mayor can stake his claim and be exonerated from his multitude of transgressions. Perhaps I was wrong! Let’s take a look at those “exemptions”….

Public Records Exempt From Disclosure:A public body may (but is not required to) withhold from public disclosure certain categories of public records under the Freedom of Information Act. The following public records are exempt from disclosure under this act:
--Specific personal information about an individual if the release would constitute a clearly unwarranted invasion of that individual's privacy.
--Investigating records compiled for law enforcement purposes, but only to the extent that disclosure as a public record would do any of the following:
interfere with law enforcement proceedings;
deprive a person of the right to a fair trial or impartial administrative adjudication;
constitute an unwarranted invasion of personal privacy;
disclose the identity of a confidential source or, if the record is compiled by a criminal law enforcement agency in the course of a criminal investigation, disclose confidential information furnished only by a confidential source;
disclose law enforcement investigative techniques or procedures; or
endanger the life or physical safety of law enforcement personnel.
--Public records which if disclosed would prejudice a public body’s ability to maintain the physical security of custodial or penal institutions occupied by persons arrested or convicted of a crime or admitted because of a mental disability, unless the public interest in disclosure under this act outweighs the public interest in nondisclosure.
--Records which if disclosed would violate the Family Educational Rights and Privacy Act of 1974 (primarily student records).
--Records specifically exempted from disclosure by another statute.
--A public record or information which is furnished by the public body originally compiling, preparing, or receiving the record or information to a public officer or public body in connection with the performance of the duties of that public officer or public body, if the consideration originally giving rise to the exempt nature of the public record remains applicable.
--Trade secrets or commercial or financial information voluntarily provided to an agency for use in developing governmental policy.
--Information subject to attorney-client privilege.
--Information subject to other privileges such as counselor-client and those recognized by statute or court rule.
--Pending public bids to enter into contracts.
--Appraisals of real property to be acquired by a public body.
--Test questions and answers, scoring keys and other examination instruments.
--Medical, counseling or psychological facts which would reveal an individual’s identity.
--Communications and notes between and within public bodies of an advisory nature to the extent that they cover other than purely factual materials and are preliminary to a final agency determination of policy or action. This exemption shall not apply unless the public body shows that in the particular instance the public interest in encouraging frank communication between officials and employees of public bodies clearly outweighs the public interest in disclosure.
--Law enforcement communication codes and employment plans unless the public interest in disclosure outweighs the public interest in nondisclosure.
--Information which would reveal the location of archeological sites.
--Product testing data developed by agencies buying products where only one bidder meets the agency’s specifications.
--A student’s college academic transcript where the student is delinquent on university loans.
--Records of any campaign committee including any committee that receives moneys from a state campaign fund. (These records are open to the public under Public Act 388 of 1976).
--Public records of a police or sheriff's agency where disclosure would identify an informer, or undercover agent, or reveal the home address, telephone number of an officer or agent, or disclose personnel records of law enforcement agencies.
--Records pertaining to an investigation of a health care professional conducted by the Department of Consumer and Industry Services pursuant to the Public Health Code before a complaint is issued.
--Records of a public body's security measures.
--Records relating to a civil action in which the requesting person and the public body are parties.
--Records that would disclose the social security number of an individual.
--Applications, including letters of recommendation and references, for president of an institution of higher learning if the records could be used to identify the candidate. However, records pertaining to persons identified as finalists, except letters of recommendation and references, are not exempt.

Nope! Nothing in the exemptions applies to the Mayors contention that the secret agreement should be kept private. This was confirmed by Judge Columbo. Here are his comments:

In fact, Colombo hoped his ruling would end the standoff. He urged city officials not to appeal.
"The best course of action is to turn these documents over," the judge said in his opinion. "And I would urge them to consider that course of action."

Furthermore, the presiding Judge for the initial trial offered these statements (credit the Detroit News for these comments):

Callahan said he wishes he had stopped the trial until he received the text messages exchanged in 2002 and 2003 between Kilpatrick and his former Chief of Staff Christine Beatty, which became public in January.

Then, "all of this would have been out sooner," Callahan said of a burgeoning scandal that could result in perjury charges against Kilpatrick and Beatty, and professional discipline or other sanctions for lawyers involved in the case. "What we know about the text messages would have made them admissible.

"I had ruled that the mayor's involvement with women was relevant."

The cities appeal has no merit other than a stall tactic. They have already stated that they will take the matter to the State Supreme Court if the Appeals court confirms the ruling.
I guess they will be making a caravan to the state capitol. Fuel up Kwame’s Navigator.
So let’s do a quick summary. Here’s my take on the current situation:

As much as what’s come out on this conspiracy the documents that the city are feverishly trying to hide MUST be considerably more damaging than what we know. It could be information causing the Mayor to immediately resign. Why else would they fight so hard to keep the documents hidden? Case in point:

City attorney Valerie Colbert-Osamuede may have given false testimony in a records lawsuit brought by The Detroit News and the Detroit Free Press. She signed off on a document that was the framework for the confidential settlement, Wayne Circuit Judge Robert Colombo Jr. said Tuesday in ordering that document and others made public.

Questioned by Colombo on Jan. 25, she denied knowledge of a secret deal and said she was "unaware of any extra documents" among the lawyers involved in the case. "The city of Detroit did not participate in any such documents," she said.

The Mayor and city attorneys so far have committed perjury, obstruction of justice, violation of the FOIA, conspiracy and deception.

The Mayor and city KNOW that the records are going to come out and they have no case. I surmise that they figure why not use up every legal remedy before the cover is blown.

A story came out on Sharon McPhail today that stirred my interest. In Detroit to understand politics you “Connect the dots” and follow the money. For those who didn’t follow the last Mayoral election let me give you a brief history. Kwame was in serious danger of not being reelected with candidate Freeman Hendrix gaining momentum and even beating him in the primary. Sharon McPhail in her quest to become Mayor was dead last in third place and at the time hated the mayor even accusing him of rigging her chair to electrocute her. She was perhaps the staunchest opponent of the mayor but things abruptly changed.

Not only did McPhail step out of the race but she in turn supported Kilpatrick launching an attack on Hendrix. Kwame won and the deal with McPhail was finally revealed. Kwame made her general counsel to the mayor with a salary conservatively estimated at $140,000/yr. Buried in the News article today was this passage:

Mayoral spokesman James Canning also said when McPhail speaks it is in her role as counsel to the mayor and his office, and not for the law department and the city as a whole.
John E. Johnson, whom Kilpatrick appointed as corporation counsel to head the law department, which handles all legal matters for the city, including City Council, did not return calls asking how he views McPhail's role.

McPhail's biography on the city's Web site says the law department is part of her portfolio, but it's unclear what authority McPhail has over the city's legal division as general counsel. No specific provision in the city charter provides for a general counsel.

The charter allows the mayor to appoint officials to oversee departments, except where such roles are already spelled out in the charter. The charter says the law department is run by the corporation counsel, also a mayoral appointee.

The mayor named McPhail to the post in January 2006 after McPhail switched her support to Kilpatrick in the election campaign the previous summer. Kilpatrick was trounced by Freman Hendrix in the mayoral primary, but a few weeks later McPhail, who had also ran and called Kilpatrick "a thug," was at Kilpatrick's side and pledged her support in the general election.

So what the city is paying for – even though the Mayor already has a legal division is an in-house personal attorney for Mayor Kilpatrick – free to do as she pleases. What a sweetheart deal! In addition to that the Mayor uses outside council in defense of virtually all his allegations of impropriety.

So let me get this straight. McPhail is his counsel but not astute enough to defend him in court during trial proceedings nor speaks for the city law department. This was simply a payoff to McPhail for helping him retain office and nothing else.

But it does expose the limitations – or lack thereof – of checks and balances that exist in Detroit City Government. All city attorneys are appointed by the Mayors office thus eliminating any non bias when city council asks for legal advice. This was apparent when City Attorney Valerie Colbert-Osamuede lied in court about the secret documents and those documents weren’t submitted to the council when they approved the nine million dollar settlement. Purposely done to circumvent the fraud and deception that would have been uncovered through proper analysis of the secret agreement.

Bamboozled and hoodwinked to the nth degree.

I’m curious to hear your comments. We get a lot of visitors to the blog (more if I had put up the counter when I first started – duh!) but let’s talk. Please submit your analysis and questions so we can have discussion.

See you next time.

The End is Near - Or is it?

Hello Folks,


So this is fresh off the presses……

As the Kwame world has turned, his highness is rapidly reaching the end of the Coleman A Young Municipal Center catwalk. Yes, there was a secret agreement and yes, it will be released on Friday. But alas, the esteemed General Counsel Sharon (I hated Kwame until he gave me a cushy $140,000 “job” for getting him reelected) McPhail puts out a press release stating that the city is going to appeal based on the grounds indicated below. I must admit, we have such a legal beagle in the Mayors office. Here’s the statement verbatim from Click on Detroit. Com:

"The documents in question were never introduced into evidence during the lawsuit or trial, were never part of the evidence the jury considered during the trial and many of the documents have never been in the City's possession. We disagree with the judge's ruling and will immediately appeal," said Sharon Mcphail, Mayor's office General Counsel

The judge urged the city not to appeal his decision. The city claims the documents are part of the mayor's private belongings.

Hmmm…. So let me get this straight and I use caps for emphasis:

OF COURSE THE DOCUMENTS WERE NEVER INTRODUCED INTO EVEDENCE AND WERE NEVER CONSIDERED BY THE JURY – why?

BECAUSE THEY WERE PART OF A SECRET AGREEMENT – DUH!!!!!!!!

AND LIAR LIAR PANTS ON FIRE! THOSE DOCUMENTS WERE IN THE CITIES POSSESSION! Why? BECAUSE THE AGREEMENT WAS CRAFTED BY CITY ATTORNEYS!!!!!

And lastly…..

SO WHEN DO YOU USE PUBLIC MONEY TO HIDE THE MAYORS “PRIVATE” BELONGINGS?

We all know how Kwame uses his privates anyway now don’t we? (heh,heh)

But to show you how desperate I….I….mean stupid the cities appeal will be consider this. They are appealing to the same court that denied their motion to discharge the case in the first place. The same case that they deliberately stalled until after the last election. Do they really think that an Appeals court is going to rule in favor of hiding a secret agreement from the City Council and the public with public funds in a case that involves perjury? Are they really that serious?

Well of course. But what do they have left – the end is near and you might as well exhaust every possible legal recourse you have. It’s not your money anyway – it’s the public’s money.

I would ascertain that there is a very good chance the appellate court will admonish the city more harshly than the Judge that ruled in favor of releasing the documents. As a matter of fact I’m certain of this.

But don’t count Kwame out yet. If he and his cronies tried to “buy off” Kim Worthy (please see my previous blog) then just perhaps they are making calls now to the Judges that sit on the Appeals court and for good measure the Michigan Supreme Court as that will be where the case will go if the appeal is denied and the city elects to go farther or the appeal is affirmed and the plaintiffs go that route. That’s far fetched but so are Kwame’s truisms.

The bottom line is once Kilpatrick goes down many – and I mean many folks will be denied the opportunity of continuing to fleece city coffers. Canaries will start to sing operas and the details on the party will finally come out.

By the way, that little case being sought by the estate of “Strawberry”, the dancer at that party that “never happened” before the texts came out are seeking 100 million. Would you like to estimate what the settlement might be? Keep in mind, the money comes direct out of the cities general fund. We are looking at a minimum of $30-40 million in settlement dollars. Add that to the nine million from the Brown trial and the smaller settlements from other officers that estimate to be at least 1 million and your Mayor – by his criminality cost citizens of Detroit at least 50 million dollars. And I haven’t included the cost of trysts with his concubine, the inflated payrolls of his personal security nor the running up of frivolous credit card bills on taxpayer’s money.

Yet, folks picket in front of City Hall offering support for this mayor – the same folks who pay to have their garbage picked up and have homes foreclosed because of high Detroit property taxes. And Kwame is supposed to be a “brother”.

If that’s a brother I rather have David Duke as Mayor. At least he wouldn’t call me “nigga” to my face. My people consider that a term of endearment and would be happy to shake my hand doing it.

It’s sad but go figure. As Spike Lee said many times – “WAKE UP!!!!!!!”……

See you with the next submission…….

By the way, in a previous Blog I was going to talk about race and what really bothers me about Kwame but ran across an article that tells the story I was going to try to create. Check it out....

http://www.metrotimes.com/editorial/story.asp?id=12426

Peace....