DETROIT (AP) – Former Detroit Mayor Kwame Kilpatrick’s promise in a prison interview to give the city all proceeds from sales of his memoir may mean he can’t keep any profits from the book for himself, the Michigan Court of Appeals said Wednesday.

The court sent Kilpatrick’s case back to a Wayne County judge to decide whether to order Kilpatrick’s book’s proceeds go to the city.

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Kilpatrick is challenging Wayne County Circuit Judge David Groner’s order that all book proceeds go toward the $860,000 Kilpatrick owes Detroit as part of a restitution order for a perjury conviction. He has said the order violates his First Amendment right of free speech.

In its order sending the case back to Groner, the three-judge appeals court panel said Kilpatrick may have waived his right to challenge the order when he told The Associated Press in a 2011 prison interview that all his earnings from “Surrendered! The Rise, Fall and Revelation of Kwame Kilpatrick” would go toward restitution in his perjury case.

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“Kilpatrick was quoted as stating, `Any money that I make – any dime, any penny I make – will go to pay restitution,”‘ the appeals court wrote. “If that quote is accurate, defendant has waived his objections to the order. … Because defendant has publicly stated that he is committed to make restitution, he should not be permitted to complain about a court order that facilitates that restitution.”

Kilpatrick lost his job and served state prison time for lying about his affair with an aide. He’s now on trial on federal corruption charges.

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