DETROIT, July 2 (UPI) -- A Detroit magistrate's order turning over six years of text messages from Mayor Kwame Kilpatrick is legally improper, Kilpatrick's attorney said.
James W. Parkman III is expected to file a motion before another judge Thursday asking for the text messages from the mayor, his former chief of staff Christine Beatty and 13 other unknown persons not be allowed in Kilpatrick's criminal trial, The Detroit News reported Wednesday.
The Detroit mayor and Beatty are both charged with conspiracy, obstruction of justice, perjury and official misconduct in a case related to a 2007 police whistle-blower trial in which their text messages are allegedly evidence.
But Parkman said an affidavit in support of search warrants was too flimsy to authorize such a broad and intrusive search.
"You can't go out and just subpoena everything and then throw them against the wall and see what sticks," Parkman told The Detroit News. "A warrant should be specific."
But prosecutors remain confident the text messages will be allowed in court.
"Our investigation has been very thorough and we have carefully considered the law and the court rules in gathering the evidence to prove our case," said Maria Miller, a spokeswoman for the Wayne County prosecutor.