Bernard Kilpatrick during trial. (WXYZ video)
A federal judge Thursday afternoon sentenced Bernard Kilpatrick, father of ex-Detroit mayor Kwame Kilpatrick, to 15 months in prison for his conviction on a tax evasion charge, saying it was clear he was involved in the many acts of extortion "that plagued his son's administration." He was also ordered to pay restitution of $62,212.24.
Clad in a black suit and black shoes, Kilpatrick, 72, showed little emotion as he was being sentenced, his attorney John Shea standing by his side.
U.S. District Judge Nancy G. Edmunds said that Kilpatrick could report to prison sometime after the first of year, and request a federal institution in Texas where his daughter-in-law and children live. At the end of the hearing, she wished him good luck.
Before the sentence, Kilpatrick told the judge: "I stand before this court...a very different man, than I was before this ordeal, six years ago. I have brought misery on my family.... I messed up. No question about it."
Ultimately, the recommended sentencing guidelines were 15 to 21 months. Originally, the guidelines were 28-33 months, but they were reduced during the hearing.
“It would be patently unjust …for Bernard Kilpatrick, a convicted defendant, to receive a ‘light sentence’ when he went to trial and obviously did not cooperate,” Assistant U.S. Attorney Jennifer Blackwell told the judge.
“He was not acquitted of the most serious crime: racketeering,” she said. “That was a hung jury. He is here because he threatened to blow up contracts and took payoffs.”
Kilpatrick's attorney Shea reminded the judge that this was his client's first brush with the law.
“We’re sentencing the whole man today, we’re not sentencing just a tax count of conviction,” he said. “We forget, I think sometimes, that Bernard led a substantial life for decades prior to his son becoming mayor.”
Judge Edmunds said that while Kilpatrick was not convicted of the racketeering charge, it was clear from the trial that he was deeply involved in the corruption stemming from his son's administration. She also noted that he lived the high life, and had a gambling problem.
"I believe the preponderance of the evidence showed the defendant was involved (in the criminal enterprise). I believe the evidence shows...he was paid because he was the mayor's father...and not because of any value his company Maestro offered to them."
In court filings by the government on Wednesday, prosecutors wrote: "Bernard Kilpatrick was not a legitimate consultant. He was a criminal—leveraging his son’s elected office to shake down city contractors like Karl Kado."
Kilpatrick's attorney John Shea, in his sentencing memorandum, had suggested his client get probation or a very minimal sentence. Kilpatrick was convicted on one count of filing a false tax return in 2005 that involved $180,000 in income.. He was acquitted of charges of filing a false return in 2008 and extortion. The jury deadlocked on the racketeering charge, the most serious of the charges he faced.
Kwame Kilpatrick, 43, got hammered last week with a 28 year sentence. His son's good buddy, Bobby Ferguson, 44. was sentenced to 21 years.
Privately, observers and folks who know Bernard Kilpatrick -- who was once chief of staff for the late Wayne County Executive Ed McNamara -- blame Bernard, for teaching his son how to game the system and ultimately profit from it.
Bernard Kilpatrick was emotional when he was convicted along with son on March 11, and hugged him. Hours after the verdict, Kwame Kilpatrick and Bobby Ferguson were taken away in handcuffs. Bernard was allowed to remain free pending sentencing.
