The lawyers, who represented Kilpatrick and the city in the lawsuit, have informed Michigan Gov. Jennifer Granholm's office that they will decline to testify since they have previously given depositions in the matter.

The development stunned Kilpatrick's legal team. The Detroit Free Press said Thursday that Sharon McPhail, general counsel for Kilpatrick's administration, wrote to Granholm seeking a stay.

"The fact is that the inability to compel the attendance of the witnesses is a serious, if not fatal, blow to the defense in the removal proceedings," McPhail wrote.

Granholm doesn't have subpoena power for force the attorneys to testify in the hearing that could lead to Kilpatrick's removal from office, the Free Press said.