A Wayne County Circuit Court Judge, Judge Groner, ordered that an escrow account be set up to collect all profits from Kwame Kilpatrick’s book until the former mayor’s $860,000 restitution is paid. Some money has already been made on Kilpatrick’s newly released memoir, “Surrendered.”
The issue in the hearing was whether profits from Kilpatrick’s tell-all book would be forfeited to pay off the remaining $860,000 in restitution Kilpatrick still owes Detroit.
In court, Assistant Prosecutor Robert Spada told the judge that a company owned by Kwame Kilpatrick’s sister, Ayanna, signed the book deal one day before the former mayor was sent to prison in May 2010.
“We have a contract between Ayanna Kilpatrick’s company, and the publisher, and we don’t know where Mr. Kilpatrick figures in there, and where all the profits are going,” said Spada.
Prosecutors then questioned the man named on the book’s cover as a co-author, Khary Turner. Turner’s wife is one of Kwame Kilpatrick’s cousins. Turner testified he hasn’t been paid yet, and he’s still negotiating his contract with Ayanna Kilpatrick’s company, AKtion Enterprises, LLC.
“My understanding is, she [Ayanna] has assumed control of Mr. Kilpatrick’s rights, so in our deal, she is presenting herself as an acting co-author. That’s part of what’s still being negotiated,” said Turner.
Under the Michigan Crime Victim’s Rights Act, someone convicted of a crime cannot profit from the crime until victims are compensated. Kilpatrick attorneys, Daniel Hajji and Kevin McCallister, tried to argue that the law at issue is unconstitutional. But at times, that only seemed to anger the judge.
“You’re not helping his case – you’re not answering the question — that’s the problem. You’re making things worse, now I’m more confused than ever,” said Judge Groner.
In the end, Judge Groner ruled that an escrow account must be set up to collect book profits, so Kilpatrick’s restitution can be paid to the city of Detroit.
The judge also said he would sign an order to set up an escrow account for the Michigan Department of Corrections, because the state can go after Kilpatrick to re-pay the cost of his incarceration.
Some may argue that the idea that anyone would profit from a crime is an affront to our system of justice and is something that every crime victim should be protected from. While many find it despicable that there is a market for stories and other ways criminals may be able to exploit their crimes for profit, a market does exist.
The Michigan law was designed to prevent criminals from profiting from their crimes through the commercial exploitation of their stories. Any money that could potentially be earned by a criminal resulting from the commission of a crime would first be used to compensate their victim and others who have the right to sue under the law.
Is this law fair?
Some questions that may come to Kwame Kilpatrick’s mind:
- Does this mean you will own the publishing copyright on my life?
- At what point will I stop ‘paying’ for my crimes?
- Where does my future career lie as a former criminal trying to help other criminals rehabilitate and earn a living through writing?
Convicted criminals already ‘pay’ for their crimes through sentencing and where the conviction is sound, rightly so. But the government is now trying to impose secondary punishments and a further removal of liberty, specifically the freedom to profit from memoir writing.
Please read this brief description about “Surrendered:”
Learn the truth behind his meteoric rise in politics, the crippling controversies surrounding his administration, his downfall and, ultimately, his redemption.
The saga that led to Kwame Kilpatrick’s imprisonment is widely known. He was convicted and served time for lying under oath about an affair with his chief-of-staff, a long-time friend. He was sentenced to prison after being convicted of probation violation. In his soon-to-be released memoir, Surrendered: The Rise, Fall and Revelation of Kwame Kilpatrick, he chronicles his rise and demise while offering a revealing intimate look at his family, his current surreal life in prison and his hopes for the future.
I’m ordering a copy of the book. Are you?
Love, hope, peace, and joy,
Rachel Araya
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