Allegations of professional misconduct have been handed down by the Michigan Attorney Grievance Commission against five of the lawyers who negotiated a secretive $8.4 million whistleblower lawsuit settlement that was supposed to submerge the infamous text messages that brought down former Mayor Kwame Kilpatrick.
"The charges are varied, but they are all out of the Kwame Kilpatrick, text message, whistleblower lawsuit against the city of Detroit," said John VanBolt, executive director of the Michigan Attorney Discipline Board.
Allegations of criminal violations also are included in complaints presented on Tuesday to the Michigan Attorney Discipline Board.
Professional punishment is to be considered for former Detroit Corporation Counsel John E. Johnson, Assistant City Attorney Valerie Colbert-Osamuede and city-hired lawyers Wilson Copeland and Samuel McCargo, along with Mike Stefani, a lawyer who represented Detroit Police officers who won a wrongful firing lawsuit against the city.
The five are also accused of criminal wrongdoing for failing to notify authorities that they had become aware of lies Kilpatrick and his former Chief of Staff Christine Beatty told on the witness stand to cover up their extra-marital affair.
Wayne County Prosecutor Kym Worthy said that although the complaints released today by the Attorney Discipline Board include suggestions that the lawyers also broke the law, she is not ready to bring criminal charges.
"It has always been our position that we would let the Attorney Grievance Commission complete its investigations of the lawyers. The AGC has completed the investigation of some of the lawyers," Worthy said. "At this time we will wait until they have completed the investigation in regards to all of the lawyers then evaluate our position."
Complaints against two more lawyers, Kilpatrick and William Mitchell, still are being investigated by the Attorney Grievance Commission. Already cleared are Stefani's partner, Frank Rivers, city attorney Ellen Ha and Valdemar Washington, a Flint-based lawyer hired by the city to help with the settlement. Washington now serves as deputy state treasurer.
The discipline board set individual hearing panels for all five on consecutive dates July 8-14. The lawyers face possible sanctions that range from probation to written reprimand to suspension for a minimum of 30 days to license revocation.
"Everything done to this point by the Attorney Grievance Commission has been confidential," VanBolt said. "Now that it is before the Attorney Discipline Board it is all public."
The Commission now has the burden of establishing the charges by a preponderance of evidence. It will be up to the discipline board's three-lawyer volunteer hearing panels to weigh the evidence presented at open hearings. Any charges not established by the evidence will be dismissed. If charges of misconduct are established, the panel will conduct separate hearings to determine discipline.
Stefani, Johnson, McCargo, Copeland, Colbert-Osamuede did not immediately respond to offers to comment on the allegations.
Gary Brown, the former deputy police chief who brought the whistle blower lawsuit, called the charges against Stefani a "travesty" and predicted his attorney will be exonerated.
"I'm outraged," said Brown, who is using his celebrity stemming from the case to vie for a City Council seat this fall. "He ought to get a medal for what he's done. He's a hero. I don't think he would do anything to violate the canon of ethics."
Brown, who doesn't believe his settlement and judgment against the city will be affected, said Stefani helped "expose corruption in this city" and that in the end the grievance commission will see that in the end.
"I think it's just a travesty," he said. "When people stand up to corruption, they get nailed down."
City hired lawyer Samuel McCargo
Former Assistant City Attorney Valerie Colbert-Osamuede
Former Detroit Corporation Counsel John E. Johnson
Former mayoral chief of staff Christine Beatty, on the witness stand Aug. 28, 2008, speaks with Wilson A. Copeland II, an attorney for the city of Detroit.
Attorney Mike Stefani, who represented Detroit police officers.
Source: The Detroit News
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