U.S. Magistrate R. Steven Whalen said Wednesday, "Mr. Kilpatrick's testimony is necessary" to determine whether the city destroyed e-mails relevant to lawsuits by destroying or losing their only known location, the Detroit Free Press reported Thursday.
Kilpatrick is expected to be asked at 9 a.m. Monday about an affidavit he filed last month claiming he did not know how to store or archive e-mails while serving as mayor and he turned his computer over to his successor, Ken Cockrel Jr., when he resigned in 2008.
Cockrel said he "never saw" the computer and city officials said they do not know where it is located.
Attorney Norman Yatooma said he believes the city intentionally destroyed the machine. He is representing the family of Tamara Greene, an exotic dancer who is rumored to have performed at a party at a mayoral mansion six months before she was killed in a drive-by shooting in April 2003. The lawsuit claims Kilpatrick and other city officials intentionally stymied the investigation to keep the killer from being identified.
Kilpatrick resigned in 2008 after being charged with felony counts including obstruction of justice and perjury. He pleaded guilty to reduced charges and served 99 days in jail, but was again jailed on a sentence of 18 months to 5 years in May for a probation violation. He is currently incarcerated at the Federal Correctional Institution, Milan.