First Amendment

Detroit Judge to Decide If Former Mayor's Book-Proceeds Account is Legal

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A Detroit judge is set to decide next week whether an escrow account he created to capture proceeds from the sale of ex-Mayor Kwame Kilpatrick’s new autobiography is legal.

Kilpatrick’s lawyer, Daniel Hajji, argued Monday that the account is unconstitutional because it violates Kilpatrick’s free speech rights, the Detroit News reported.

Assistant Wayne County Prosecutor Athina Siringas said the account is necessary under the state’s so-called Son of Sam law, which is designed to prevent convicted felons from profiting from their crimes.

Wayne County Circuit Judge David Groner is expected to rule on the issue Aug. 17.

Kilpatrick still owes $860,000 of the $1 million restitution he promised the city as part of his 2008 plea bargain on charges stemming from a text-messaging scandal.

He was released from a state prison Aug. 2 after serving the minimum of an 18-month to 5-year sentence for violating probation on the criminal charges that toppled his mayoral administration three years ago.

Kilpatrick still faces trial next year in federal court on racketeering and tax charges that could put him back in prison for up to 30 years.

His book, Surrendered! The Rise, Fall and Revelation of Kwame Kilpatrick, goes on sale today. It was written from behind bars with the help of a freelance writer.

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