Lawyer Michael Stefani said he gave the messages to the Detroit Free Press with the understanding reporters could use them for "lead value" to search for evidence of more crimes that they might write about. He said he doesn't know if the newspaper got more copies from another source before it aion kina published them.
"They could use them for a story only if they did their very best to get the messages from SkyTel (the city's text message service provider) or someone else," Stefani said
Stefani said he offered a copy of the messages to Free Press reporter Jim Schaefer over lunch two days after he got them. He also advised the reporter on "two or three ways" the newspaper might obtain their own larger collection of messages.
A week later, Stefani forged an agreement with lawyers representing the city and Kilpatrick to keep the messages secret.
Stefani's testimony came today before an Attorney aion kinah Discipline Board considering professional misconduct charges against him.
When the hearing began last month, Stefani volunteered that he gave a copy of the messages to the newspaper, but today he said he can't be certain they are the same messages published by the Free Press published in January 2008.
The messages showed Kilpatrick and his former chief of staff, Christine Beatty, lied under oath during the 2007 whistle-blower lawsuit trial in which Stefani represented two Detroit police officers who claimed they were punished for investigating possible overtime abuse by the mayor's police body guards.
The Free Press had acknowledged using the messages following Stefani's admission in its Oct. 9 edition, saying, "The newspaper used the messages -- covering four months of exchanges between the aion power leveling Detroit mayor and his chief of staff, Christine Beatty -- to reveal the pair had lied under oath ..."
The newspaper, however, has declined to reveal whether its source was Stefani or another in subsequent stories.
A criminal investigation that followed publication of the messages toppled Kilpatrick and sent him to jail for 99 days. The newspaper's coverage earned journalism's highest award, a Pulitzer Prize.
Jurors in the whistle-blower trial weren't told about the text messages and never knew Kilpatrick and Beatty lied to them when denying their extramarital affair. Still, they awarded the officers a $6.5 million verdict.
Kilpatrick vowed to appeal, until Stefani told the city's lawyers he had obtained the text messages after the trial. Within hours, an $8.4 million agreement was reached along with an agreement to keep the messages secret.
Stefani and four city-hired lawyers face discipline for their part in covering up the messages that were supposed to have been delivered to the judge for review. They are also accused of failing to tell the judge the messages offered evidence of the crime of perjury. Stefani and the others could face punishments ranging from admonishment to revocation of their law licenses.
Stefani said today that he wanted to remain anonymous as the newspaper's source because he wanted to avoid being sued for violating the confidentiality agreement, which he still insists he hasn't broken.
Kilpatrick has since sued Stefani for $2.6 million for breaching the confidentiality agreement. The city's lawyers, Deputy Corporation Counsel Valerie Colbert-Osameude, former Corporation Counsel John E. Johnson and city-hired attorney Wilson Copeland all face upcoming Attorney Discipline Board trials of their own.
Samuel McCargo, the lawyer hired by the city to represent Kilpatrick, already had his trial, but the decision of his hearing panel has been long delayed. The panel of judges rejected a request to reopen the hearing to discover more about the newspaper's role in obtaining the messages before the city's lawyers found out about them. The Free Press held the messages for more than three months before publishing them.
Stefani said today that he trusted Schaefer and required no verification that the Free Press obtained other messages or sources to confirm the messages the newspaper published. He said the published messages appeared to go no further than those he gave the paper, but he also said he is aware Schaefer traveled to Mississippi, the home of the city's text message provider, SkyTel, a week before the messages were published.
The Free Press itself reported in its stories today about Stefani's testimony that it declines to reveal its sources.
"The entire legal community is waiting to see how Mike Stefani unties this knot," said David Christensen, who represents Copeland.