DETROIT – Kwame Kilpatrick's attorney will request an emergency stay from the Michigan Court of Appeals, which could spring the former Detroit mayor from prison.
Michael Alan Schwartz on Wednesday is expected to announce that he will file the appeal. If granted, Kilpatrick could be free pending a decision.
Wayne County Circuit Court Judge David Groner sentenced Kilpatrick to up to five years in prison Tuesday for violating his probation stemming from his conviction for lying under oath about an affair with his chief of staff.
Schwartz tells WWJ-AM that the appeal will be partly based on Groner's statement that he treated Kilpatrick differently than other defendants.
Kilpatrick is being held at the Charles Egeler Reception and Guidance Center in Jackson, about 70 miles west of Detroit.