DETROIT (WKZO) -- The attorneys for Kwame Kilpatrick will have a hearing Tuesday over why a key prosecution witness in the corruption trial involving Kilpatrick and three others has not served jail time yet.

Jon Rutherford pleaded guilty to misspending 1.3-million dollars in nonprofit money and steering the funds to accounts held by Kilpatrick and others.  Rutherford was sentenced to 21 months in jail in January of 2011 but has yet to report.  His lawyer says it is routine for witnesses to remain out of jail until they testify.

Rutherford is now expected to report to a federal prison in on January 7th.