The Detroit News is reporting that former Mayor Kwame Kilpatrick claims he doesn’t have the money to make a court-ordered $79,000 payment due this month for what a Wayne County judge had determined were deliberate attempts to hide his income.
Kilpatrick further claims in a motion filed late Wednesday that the bulk payment he was ordered to make toward a $1 million he promised the city as part of his plea-bargain on charges related to the text-message scandal, “will cause manifest hardship upon the defendant and his dependants as well as impede his ability to earn income and support his children and in violation of the Equal Protection clause of the U.S. Constitution.”
Kilpatrick’s lawyers have asked the court to dismiss the payment order, and a second $240,000 lump sum payment due in April, on claims the payments violate law and court rules. The motion also claims evidence presented during lengthy restitution hearings completed with Judge David Groner’s ruling on Jan. 20, failed to show Kilpatrick has the money to make the payments. The requests ask for time to appeal the orders if they aren’t dismissed.
“This motion is being brought as an ‘emergency’ because the defendant has as of yet not been able to come up with the amount of restitution the court has recently imposed and is unlikely to do so within the time allowed by the court,” said motion filed by one of Kilpatrick’s lawyers, Daniel Hajji.