Most restitution hearings are over in hours. Then again, most restitution hearings don't involve former Detroit mayors with million-dollar restitution tabs and mini-mansions in swanky suburbs.

This week -- after seven days of testimony and legal arguments that stretched over several months -- we will finally find out what will happen to Kwame Kilpatrick.

A Free Press analysis of Wayne County Circuit Judge David Groner's orders, public records and Kilpatrick's testimony indicates that Kilpatrick clearly complied with only two of a dozen criteria Groner established. In the remaining 10 categories, Kilpatrick failed to comply with several requirements or provided explanations that are open to debate.

The newspaper found that while Kilpatrick did make required restitution payments, he did not disclose the finances of his wife, Carlita, or provide copies of leases on the two homes his family has rented since their move to Southlake, Texas.

It is unclear, however, how Groner will rule on Kilpatrick's record.

A return trip to jail seems unlikely, but a hefty new restitution payment in his criminal case isn't out of the question.

The judge could even rule that the protracted proceeding was a waste of time, allowing Kilpatrick to go about his business as usual.

Groner is scheduled to announce his decision at 3 p.m. Wednesday.

Collecting big restitutions is often a big pain

Criminals in Wayne County are often ordered to pay restitution to their victims.

Not one of them, it's safe to say, is like Kilpatrick.

Even the judge presiding over the former Detroit mayor's restitution case, acknowledged the extraordinary nature of it.

"This is longer than some jury trials," Judge David Groner remarked Dec. 8, "way longer."

In this fiercely contested drama, Wayne County Prosecutor Kym Worthy and defense lawyer Michael Alan Schwartz agree on but one thing: Kilpatrick's case is being treated differently.

Schwartz contends his client is being singled out because Worthy regrets the plea deal she negotiated and is bent on returning Kilpatrick to jail.

"You better believe it. That's what this entire thing is about," Schwartz said. "Unfortunately, they want this man so destroyed that he will not be able to go on with his life."

He said Worthy "can't change the past, but she sure can affect the future."

Worthy counters that the special attention given to Kilpatrick's $1-million restitution stems from his own behavior: leasing pricy vehicles, renting limousines, living in a mini-mansion outside Dallas.

"It's like someone depositing a dead body on my doorstep and me not paying attention to it," Worthy said Thursday. "It's flagrant, and it's in your face. What does it say if we don't do anything about it?"

The issue of restitution rarely plays out under such public scrutiny. And, as even Worthy concedes, the court system rarely pays much attention to whether restitution is paid.

It rarely is.

In any given year, according to some studies in other parts of the country and as Wayne County Circuit Court figures suggest, courts collect just about 10% of the restitution that is ordered.

"We are not successful in collecting restitution," said Wayne Circuit Judge Timothy Kenny, who just last week was promoted to presiding judge of the criminal division.

Kenny said he plans to work with Worthy's office, department of corrections officials and the court clerk to improve collections.

Restitution is just one of many conditions judges consider when they sentence criminals, along with other requirements like counseling, drug testing and schooling.

A flawed system

If a crook rips off somebody or destroys property or writes a bad check, restitution is often part of the sentence. The repaid money goes to the victim, which could be a person or even an entity -- such as a business plundered by its accountant or, in Kilpatrick's case, the City of Detroit.

A judge is the ultimate authority over restitution, and the Michigan Department of Corrections acts as the police officer, monitoring the criminal's repayment progress and sounding the alarm to the judge if there are problems. In Michigan, probation officers like the one monitoring Kilpatrick's repayment of $1 million stemming from the text message scandal are required to update the court twice a year.

That's the way the system is supposed to work. But as a state Supreme Court committee has determined, the system is flawed.

Philip Schaefer, a retired Kalamazoo County Circuit judge who heads the committee, said the state historically did not monitor the payment of restitution, and no one really knew how much money was uncollected.

"If there was no follow-up, I can assure you no one voluntarily paid," Schaefer said. His committee will make final recommendations on how to improve the system to the Supreme Court on Jan. 27.

Worthy said Wayne County has its own challenges: Even the restitution money that is paid often doesn't make it to victims -- because the court can't find them. Worthy said she's taken to assigning unpaid interns to try to locate victims because her office budget cannot afford to assign a prosecutor or investigator.

If victims don't claim money they are rightfully due, it eventually reverts to the state, which has a victim's compensation fund that offers relief to those who apply.

Worthy said her office needs to improve how it handles many aspects of restitution. But one thing that she says won't change is the level of attention she's devoting to the biggest restitution case she's got.

"He owes a lot of money. He has access to it," Worthy said. "We have to make sure it gets done."

Source:

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