Ferguson wants bond, his attorney wants off bid-rigging case - Dallas News | myFOXdfw.com

Ferguson wants bond, his attorney wants off bid-rigging case

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Bobby Ferguson wants to be free while he awaits sentencing. Bobby Ferguson wants to be free while he awaits sentencing.

Bobby Ferguson may not be able to buy his freedom, but according to his lawyer, some of his family members and a friend are willing to lend him a hand in the form of their homes.  Ferguson's mother and a couple of others close to the cuff are prepared to put their places up as collateral.

Ferguson wants to be free of federal prison pending his sentencing in the city hall corruption trial.  His attorney, Gerald Evelyn, made that formal request on Friday.

A few days ago, Kwame Kilpatrick played the same card.  So, does this crew have a shot at some quality time Motown?

"Kwame Kilpatrick and Bobby Ferguson will spend time in jail until sentencing and beyond.  Why?  The fact they put up houses, it doesn't make one bit of difference.  Nothing has changed from the time they were convicted until now.  The fact that their mother and father and brother and whoever will put up houses doesn't mean anything.  The fact of the matter is both Bobby Ferguson and Kwame Kilpatrick were convicted of very serious charges.  Both are convicted felons.  Both have problems that they didn't obey court orders, et cetera.  No.  Bottom line here, they are going to stay in jail until sentencing," said Fox 2 legal analyst Charlie Langton.

Another request made by Evelyn when it comes to his client is to call it quits.  He wishes to withdraw from Ferguson's bid-rigging case that ended in a mistrial this past summer.  This move would put another attorney in that spot when it's set to be retried in the near future.

"Gerald Evelyn did a five month long trial that's a totally separate case than this new bid-rigging case, and it doesn't surprise me that a lawyer would say I'll handle one case and not another.  They're just totally separate cases.  Gerald Evelyn's probably doing the right thing.  As a practical matter for Gerald Evelyn, he needs to concentrate on probably his health," Langton said.

He may also want to focus on his own law practice.

"Five months out of your life to handle this Bobby Ferguson-Kwame Kilpatrick case, you need some time to breathe.  Bobby Ferguson is going to have to get another attorney, and if Bobby Ferguson cannot afford an attorney, he will get a court appointed attorney.  We will pay for Bobby Ferguson's attorney if he can't afford one, and I think that's probably what's going to happen," said Langton.

If Ferguson was not already faced with felonies and uncertainties, he has been indicted again.  This go-around it's about a gun.

"Bobby Ferguson is a convicted felon from his past.  Convicted felons can't have guns.  Bobby Ferguson allegedly had a gun," Langton said.  "A new indictment is just a procedure meaning there while be a new trial, and there has to be a new trial because a jury deadlocked on the old trial.  So the government wants to retry Bobby Ferguson, they didn't get enough out of this Kwame Kilpatrick case, they'll have a new trial, new indictment, no big deal."

Evelyn wanted to make it clear that just because he is out in one case, he is still all in the other, referring to the city hall corruption trial.  He said Ferguson is still his client, and their relationship is still all good.

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