The feds are going to allow Gabe Leland a plea deal after all that drama
Bob Carmack has gone through?
Well, this should be fun because the feds are passing the task of due process off to
Macomb County Prosecutor's Office?
I thought there were child welfare issues over there in the
Macomb County Prosecutor's Office?
I believe there are election issues over there in the
Macomb County Prosecutor's Office.
I bet the referral case will be dropped, triggering another federal action, because you know we are dealing with "Legal Geniuses" (
trademark pending).
How come no one will discuss the role of the Detroit Land Bank Authority in this case?
I wanted to see the
process of impeaching testimony, but I believe there is more entertainment afoot.
Of course, more than
90% of cases end in plea deals, because 90% of defendants have no money for justice and prosecutors love those notches on their belts, as opposed to the execution of justice.
All ratlines lead to Detroit, let the networks be elucidated because they are dark and very deep.
Bob Carmack talks extortion and Gabe Leland Detroit Free Press
Three years after Gabe Leland allegedly shook down a businessman, the Detroit city councilman’s bribery case could end with a plea deal — or a new felony charge in state court.
Leland was indicted on three counts of bribery on Oct. 4, 2018, after a federal grand jury determined he demanded $15,000 in May 2017 from a businessman in a land dispute with the city. Leland, who represents District 7 on the city’s west side, continues to serve on the City Council without any restrictions.
Steve Fishman, Leland’s attorney, had vowed to take the case to trial — where he planned to attack the credibility of the government’s key witness. But recent court records signed by prosecutors and Fishman say “the parties have discussed a resolution of the matter and need additional time to determine whether a resolution is possible.”
The matter could even be resolved in state court, after the federal government asked a Michigan prosecutor to take the case. Monroe County Michael Roehrig is reviewing the feds' evidence and considering whether to charge Leland.
For now, Leland's immediate concern is the federal case. The request made last month to reschedule Leland’s trial in U.S. District Court on public corruption charges was at least the fifth time prosecutors and Fishman asked for more time. It’s not unusual for both sides to seek a delay in the start of a trial, but it wasn't until Feb. 14 that they mentioned a possible resolution. They cited a possible deal again on April 17, the most recent filing in the case.
Fishman declined to comment beyond saying: "That is boiler-plate language that appears in any number of stipulated orders adjourning trials in federal court.”
Leland did not return messages. U.S. Attorney Matthew Schneider declined comment.
Former federal prosecutors, who asked not to be named because they worked with the prosecutors handling the Leland case, say assistant U.S. attorneys in this jurisdiction would not make up a reason to push back a trial date. One reason is concern that a judge could later ask them to provide evidence to support their claim.
Larry Dubin, emeritus professor of law at the University of Detroit-Mercy, said: “It’s very common for plea negotiations to take place the closer you get to trial.”
He added that a defense attorney might not want to acknowledge plea negotiations because he “would not want prospective jurors to know a defendant is contemplating a plea, which could reflect on guilt.”
Dubin estimated that at least 90% of prosecutions in federal court end with a plea. Fishman said the percentage is even higher.
"Most cases over here — 95% — result in a guilty plea," Fishman said outside U.S. District Court after Leland was arraigned on Oct. 15, 2018. "This one won't."
Cash for the councilman
Leland’s troubles date back to May 12, 2017, when prosecutors say Leland spoke to Detroit businessman Bob Carmack about land on Michigan Avenue that Carmack and the city each claimed. Leland, who was chairman of the City Council’s Planning and Economic Development Committee, stopped the city from selling the land.
Bob Carmack in the front office of his body shop on Michigan Avenue in Detroit on Tuesday, October 23, 2018.
Bob Carmack in the front office of his body shop on Michigan Avenue in Detroit on Tuesday, October 23, 2018. (Photo: Eric Seals, Detroit Free Press)
“I held it up again,” Leland allegedly told Carmack during a phone call. “Yeah, yeah, it stayed, stayed right, right in committee, brother.”
Later in the call, federal prosecutors say Leland told Carmack: “You didn’t show up to my fundraiser.”
Four days later, the feds say, Leland met Carmack and offered to hold up or prevent the city from selling the land in return for $15,000.
“I should ask for 30, but I’m nice to you,” Leland said, according to the indictment.
On June 8, Leland was the only member of the Planning and Economic Development Committee to vote against putting the sale of the property on the City Council’s agenda.
When the sale went before the entire council on June 13, Leland was the only member to vote against selling it.
On Aug. 2, the feds say, Leland and a part-time campaign worker, Elisa Grubbs, met with Carmack at his collision shop on Michigan Avenue.
What Leland and Grubbs didn’t know was that Carmack was recording their encounters.
Carmack later told a reporter he was upset with Leland because the councilman hit him up for cash at the same time Carmack was caring for his dying father.
So Carmack went to the FBI.
“I put a wire on. I wore it, had a meeting with Mr. Leland, and Mr. Leland asked me would I raise some money for his campaign, and he asked me would I give him $15,000 if he didn’t sell that lot,” Carmack told the reporter.
Fishman told the reporter Carmack's allegation was "a blatant lie" with "absolutely no basis for it in fact."
On Aug. 4, prosecutors say, Leland told Carmack to give Grubbs the money. Carmack said he gave Grubbs $7,500 he got from the feds.
“I asked her, I said: ‘This is for Gabe Leland?’ ” Carmack later told a reporter. “She goes, ‘Yes, it’s for Gabe Leland. It definitely ain’t for me.’ ”
The feds say Grubbs gave the money to Leland later that day.
Five days later, according to the indictment, Leland met Carmack downtown at the Caucus Club restaurant and said he got the $7,500, but not the second half of the deal. Carmack said he told Leland he didn’t know Grubbs.
“No, but you can f***in’ trust me,” Leland replied, according to the indictment. “That’s all that matters.”
In June 2018 — nearly a year after Leland allegedly accepted the marked money from Carmack, but months before he would be indicted — Leland was questioned under oath during a deposition stemming from a lawsuit Carmack filed.
From left, Detroit City Councilman Gabe Leland leaves the U.S. District Court with lawyer Steve Fishman after being arraigned on bribery charges, entering a plea of not guilty in Detroit, Mich., Monday, Oct 15, 2018.
From left, Detroit City Councilman Gabe Leland leaves the U.S. District Court with lawyer Steve Fishman after being arraigned on bribery charges, entering a plea of not guilty in Detroit, Mich., Monday, Oct 15, 2018. (Photo: Kathleen Galligan, Detroit Free Press)
Fishman represented Leland at the deposition, interrupting the questioning to tell Carmack’s attorney: “I’m advising Mr. Leland to assert his Fifth Amendment privilege for any questions having to do with Robert Carmack.”
Nevertheless, Carmack’s attorney asked Leland: “At any time in 2017 did you extort up to $15,000 from Mr. Robert Carmack?”
Leland replied: “I refuse to answer the question based on my Fifth Amendment rights.”
The Fifth Amendment to the U.S. Constitution says a person cannot be compelled to testify against their interest or provide information that may incriminate them.
Leland declined to answer any questions about whether he was being investigated by the feds.
On Oct. 3, 2018, the feds charged Grubbs with conspiracy to help “City Official X” solicit a bribe.
Any question about the identity of “City Official X” was dispelled the next day, when Leland was indicted on bribery and conspiracy charges.
"A sitting member of the Detroit City Council engaging in bribery is an extreme breach of the trust of the people of Detroit that badly undermines their faith in local government," Schneider, the U.S. attorney, said in a statement released that day. "As was starkly demonstrated by the prosecution of former Detroit Mayor Kwame Kilpatrick and several corrupt members of his administration, federal law enforcement is dedicated to rooting out and severely punishing corruption at every level of city governance.”
At the time, Mayor Mike Duggan called the allegations "deeply upsetting and disappointing."
"This is a very unfortunate development for our city at a time when so many things have been going right," Duggan said in a statement. "For now, we just have to let our justice system do its work."
The City Council released a joint statement the day after Leland was indicted, saying it will not affect its work and that the body "will continue to do our jobs, as elected by the citizens of this city."
On Oct. 9, after the first full council meeting since his indictment, Leland met with reporters outside the council chambers on the 13th floor of City Hall.
“I’m innocent until proven guilty and that’s my statement until further comment,” he said.
Six days later, Leland was arraigned in the federal courthouse, one block away from the Caucus Club where the feds say he met with Carmack. As he walked away from the courthouse, Leland said: “I’m innocent, and I’m looking forward to trial.”
Odd twist
While it would not be uncommon for a public corruption case to end with a plea deal, there is one aspect of the Leland case that experts said is highly unusual.
In late January — a few weeks before prosecutors and Fishman submitted the paperwork saying they were exploring a deal and asking for another delay in the start of the trial — Schneider asked Wayne County Prosecutor Kym Worthy to take the case.
Worthy passed. Her spokeswoman, Maria Miller, said Carmack’s role as a “significant witness” for the federal prosecution posed a problem for her office.
“WCPO has a conflict of interest in other cases involving Mr. Carmack and as a result she declined to prosecute this case,” Miller said.
Worthy first claimed a conflict in 2018, when Detroit Police sought fraud charges against Carmack for selling land once owned by the city. At the time, Carmack was suing the county treasurer, which Worthy said created a conflict because the treasurer is involved in funding her office. The Michigan Attorney General's Office assigned the matter to the Genesee County prosecutor, who charged Carmack with fraud. The case is scheduled for trial later this year.
Dubin, Wayne State University Law professor Peter Henning and former federal prosecutors said the U.S. Attorney's Office sometimes refers cases to a state prosecutor, but it’s rare to do so after a defendant has been indicted and a trial date is set.
They speculated that it could be a sign prosecutors are concerned about some aspect of their case.
One of the former prosecutors added, however, that federal prosecutors would be reluctant to unload a weak case on a state prosecutor because it could damage their working relationship in the future.
The Michigan Attorney General’s Office sent the case to Monroe County. Roehrig, the prosecutor, said: “We are reviewing the case and, when we’ve reached a decision, we will issue charges.”
Roehrig said the case landed on his desk in early March and that, because of the coronavirus crisis, it may be awhile before his office makes a ruling. He would not say whether he would prosecute beyond noting that his office would only bring felony charges.
Roehrig says it’s possible his office could decide not to charge Leland. It’s not clear how federal prosecutors would react to that. Their case is scheduled for trial in federal court later this summer, but it is unlikely to go forward if Leland is charged in state court.
The stakes for Leland are high, with his reputation, job and freedom on the line. If convicted of bribery in U.S. District Court, he faces up to 10 years in prison.
Under the Detroit City Charter, an elected official who “engages in official misconduct,” “corrupt conduct in office” or pleads to “or is convicted of a felony while holding office” forfeits their office.
Neither the City Council nor the city’s Board of Ethics has taken any action to remove Leland or limit his authority.
Council relations
On Oct. 9, 2018 — his first council session since his indictment — Leland said he was “innocent until proven guilty” and “it's business as usual for me. I will be out in the community, responding to community concerns.”
Council President Brenda Jones, who did not respond to a request for comment after Leland was indicted, also did not respond to a recent request for comment on the possible resolution of Leland’s case, which has left the councilman operating under a cloud for more than 1½ years.
It’s unclear whether the indictment has affected Leland’s effectiveness on City Council. He is no longer chairman of the Planning and Economic Development Committee. But with nine council members and only four committees, chairmanships change regularly.
One council member, who did not want to be identified to avoid creating friction on council, professed to avoiding Leland because of the indictment.
City Council, unlike the Legislature or Congress, is less likely to move issues forward by coming together to co-sponsor ordinances or other measures. Some members focus mainly on constituent concerns and issues in their districts.
Councilwoman Janeé Ayers, who, along with Jones, represents all Detroiters as one of the council’s two at-large members, praised Leland’s focus.
“Gabe has not allowed this to stop him from doing his job,” she said. “I admire his tenacity to continue to push forward.”
Echoing at least one of her colleagues, Ayers said: “He’s still the same person that I met over seven years ago.”
Duggan declined comment.
The Carmack conundrum
Carmack — and his recordings — are the linchpins in the case against Leland.
Over the last two years, Carmack went from politically connected but little-known collision shop owner to flamboyant gadfly.
He made headlines in November 2018 by renting a mobile billboard and parking it in front of City Hall during rush hour to broadcast video his private investigators shot of Duggan making evening visits to the suburban home of a woman who was not his wife. The woman was a Wayne State University doctor who helped run a nonprofit program created to reduce infant mortality. Duggan supported the program. Duggan declined to comment on the nature of their relationship, and asked Michigan State Police to investigate whether Carmack tried to extort him. Months after Duggan's visits to the doctor's home were revealed, the mayor and his wife divorced. State police declined to charge Carmack with a crime. On several occasions, he paid to have banners questioning Duggan’s relationship flown over sporting events.
In December 2018, as Carmack and the city waged multiple lawsuits against each other over his land deals, prosecutors charged Carmack with fraud. They alleged that he sold city-owned land for $1 million. Carmack countered that the city gave him the land to make up for another failed city land deal. The case is scheduled to go to trial in Wayne County Circuit Court later this year.
In December 2019, Carmack was charged with drunken driving, third offense.
Brownstown Township police said that around 2:30 a.m. on Oct. 27, 2019, they saw Carmack stumbling after leaving Champions Sports Grill. They said he had bloodshot eyes, slurred speech, and told them “I'm drunk" multiple times before walking back into the bar.
About two minutes later, according to a police report, Carmack came back out and started his red Corvette before police stopped him in the parking lot.
Police say Carmack refused a field sobriety test and a blood test. After obtaining a warrant to draw his blood, police said the result came back at .257 — more than three times above the legal limit of .08.
At his arraignment, Carmack pleaded not guilty.
Henning, the Wayne State professor, is also a former federal prosecutor. He said the U.S. Attorney's office may have misgivings about Carmack.
“Do you really want to put Bob Carmack on the witness stand?” Henning said. “He’s not going to be the best witness on earth.”
Fishman said after Leland was arraigned in October 2018 that he would pummel Carmack on the witness stand. Referring to an interview Carmack gave several months earlier, Fishman said: “Let’s go to court and we’ll have a trial with a judge and a jury and the same witness who sat for the softball interview will get cross examined.
“And I guarantee you, there won’t be softball questions on cross-examination.”
Henning said Carmack’s character would not be as important as the recordings he made for the FBI.
“When they have electronic surveillance, they’re going to play those,” he said of prosecutors. “And that’s going to kill Leland.”
Fishman, who has heard the recordings, disagreed.
Speaking after Leland's arraignment, Fishman said: “It doesn’t sound like what they think it sounds like, as far as I’m concerned.”
It’s unclear what role Grubbs will play in the prosecution. Prosecutors initially thought they had worked out a plea deal with Grubbs. But she failed to show up for court, got a new lawyer, and is planning to fight the charges.
Grubbs and Leland — at least for now — are scheduled to go to trial in federal court on Aug. 17.
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