Michigan Supreme Court May Take Kwame Kilpatrick Book Profits Case

FARMINGTON HILLS, Mich. (WJBK) - "This statue is unconstitutional," said attorney Daniel Hajii.

That's exactly why Kwame Kilpatrick's lawyer says he is taking the battle over the former mayor's book profits to the Michigan Supreme Court. The case hinges on a law that makes it illegal for a convicted felon to make money from their crimes. That's why prosecutors say the profits from Kilpatrick's new book should go into an escrow account controlled by the state. Hajii feels that goes way too far.

"That means if he made $10-million, the first part of it goes to restitution. The second part goes to his cost of incarceration. The third part goes to any civil judgments, and the fourth goes to a crime victims' fund. So, it doesn't matter what he earns, it's not going to be in his hands," he explained.

Kilpatrick stills owes Michigan $860,000.

The State of Texas has ordered Kilpatrick to pay $150 a month in restitution. Michigan Department of Corrections officials say they've told Texas to verify every dime that's being reported to make sure Kilpatrick is actually paying as much as possible. In fact, last month, he sent in $160, putting in an extra $10.

"He is compliant. He's abiding by their requirements," Hajii told us.

Meanwhile, the Supreme Court will decide whether they'll take the case over the profits sometime after November first. Hajii says he's basing his argument on the First Amendment and similar cases that went all the way to the U.S. Supreme court and won.

"I think they will look at this in a positive way and render a decision that's going to be favorable to Mr. Kilpatrick," he remarked.

However, Michigan courts have not ruled in his favor in the past. The question is will the Supreme Court be any different?