Kilpatrick fails to halt violation hearing

DETROIT, March 6 (UPI) -- A lawyer for Kwame Kilpatrick said while the former Detroit mayor's bid to halt a probation violation hearing failed, prosecutors must still prove their case.

Attorney Michael Alan Schwartz, who is representing Kilpatrick, said while the Michigan Court of Appeals rejected his client's appeal of two accelerated restitution payments, he is confident the prosecution will be unable to sufficiently prove their claims, The Detroit News said Saturday.

"She (Wayne County Prosecutor Kym Worthy) has to show he has the ability to pay and the prosecution's own evidence in that last lengthy hearing concluded there was only $23,000 left last October," Schwartz said. "That doesn't come anywhere near $79,000, let alone $319,000."

The Detroit Free Press said Kilpatrick, 39, failed to make a $79,011 restitution payment by a due date of Feb. 19.

Kilpatrick, who is required to pay the city of Detroit a total of $1 million as part of his sentence for obstruction of justice, insists he does not have the funds to make the payment.