Blame It On The Goose, Blame It On The Henny

Back in the day, I interned at a local prosecutor’s office, you know, the one in the largest city in Michigan. There, I watched a drug trial in which a defense attorney defended his drug dealing1 client by saying, and I quote, “My client is a drug dealer, but he’s too good a drug dealer to get caught. There is no way he could have been selling drugs when he was arrested.”

A, er, “nuanced” defense, for sure, but not exactly one you could expect a jury of civies to digest.

1 Allegedly!

Now consider the new defense of Kwame Kilpatrick in his probation appeal. His attorney, Daniel Hajji, filed his brief in the Court of Appeals yesterday, arguing that it’s not fair that Kilpatrick be expected to make such a large restitution payment because it’s absolutely necessary that Kilpatrick live the high life.

"The clientele he must establish a rapport with are likely to be the privileged and the affluent," Hajji said in the motion. "Burgers and beer at the local bar is not going to be sufficient."

[Detroit Free Press]

More from the brief from the Freep:

In a motion asking the appeals court to reconsider and postpone Kilpatrick’s Friday probation-violation hearing in circuit court, Hajji said: "Detroit is being revictimized, and this time, the trial court and the prosecution are lending a hand."

Hajji said it would be no surprise if Kilpatrick loses his job because of the additional scrutiny. "The trial court and the prosecution do not seem to be concerned with getting the restitution paid," he wrote of Wayne County Circuit Judge David Groner.

"The trial court appears to infer that it wants Mr. Kilpatrick to live a middle-class existence, when such an existence is inconsistent with earning a sufficient amount to fulfill his restitution obligation.

"Mr. Kilpatrick is going to have to function in the upper echelons of society."

Maybe Groner should just order Carlita to pay it then, you know, marital assets and all. Besides, Kwame doesn’t know if she has a job to lose.

[UPDATE: Read the motion for yourself here. The Freep story is just the tip of the iceberg.]