Live Blog: Kwame Kilpatrick Trial Day 49 - My29 WFTC Minneapolis-St. Paul

Live Blog: Kwame Kilpatrick Trial Day 49


Wow, even kwame's sister was complaining about Bobby.  Miller says she was worried that her clients wouldn't have a chance, and she wouldn't get paid, if Bobby got involved.

Miller says her clients weren't the only ones.  Odell Jones another contractor was also complaining.  Miller says he told the Mayor about the complaints and the mayor didn't tell him to do anything about it.

Chutkow now moves on the conversation he had with Mercado when Miller was leaving the city.  Miller says Mercado told him he was at his wits end with the job, not in a comfortable place in his position any more, says he was worn out, tired of the fighting, and tired of dealing with Ferguson.  Miller says Mercado says fighting with Ferguson was the worst part of the job.  Miller says he told MErcado to be careful, anything dealing with Ferguson could cost him his job, says he told Mercado he didn't want to get in trouble with law enforcement.

Miller says be carefully dealing with Ferguson and contracts.

Chutkow asks about his discussions with the Mayor as he was leaving the city.  Miller says he was somewhat surprised.  Says he told Kwame it was time for him to go but he'd continue to be a supporter.  Said it was a heart to heart, jokes, stories, kind of heartfelt.


Miller says Rosedahl eventually hired Bernard and Rayford Jackson.  Jackson, you may recall, plead guilty to federal charges and is now in jail over this.

Miller says Bernard complained that Rosendahl wasn't paying, says Bernard asked him to slow the process down, basically to not move it along and have Synagro become the contractor.  Miller says delay sending to the water department or getting household help.

Miller says he wanted to slow down the process for the purpose of Rosedahl catching up on the payments to Bernard.

Chutkow asks if Bernard ever said he'd go to his son the mayor to get the process slowed down.  Miller can't remember.

Chutkow showing an email between Ayana Kilpatrick and Mike Tardiff.  Tardiff is a mayoral appointee and later became a political consultant.

Ayana: you are supposed to meet with Joe smiler and Leon Falk re waste hauling contract..

Miller says these are campaign supporters that own a construction company.

Miller says this was part of the Synagro project, Synagro would need to haul the waste to it's fertilizer facility.  Miller says Ayana had her own consulting business.

Tardiff replies: sorry.. calling Joe now.. Bobby nay be wanting to do this.

Ayanna:  Her we go with that bullshit again.  I'll talk to the mayor and derrick about this.

Tardiff: talked with Joe..Jr isn't coming down today we will set them up no bullshit, if he does not come to Detroit they can't meet when he does they can.

Ayanna: okay in know you can work it out.

Tardiff:  sorry in will meet with them any time it is f's schedule.  Jr is Jim Rosedahl

Another text

Ayana; Here we go with this Bobby bull again. Tardiff canceled meeting with my just today just stated bobby want to do same this waste hauling work if its from for him, terrible if he's holding us up.  can we make a dollar too?

Miller: Damn

I thinks "the guy" went to Chicago and don't worry about it.  I wanted to avoid that altogether.

Miller says he would have communicated with the Mayor he just needs to know when Chutkow is talking about.

Chutkow asks if he talked to Ayana.  Miller say she was upset because her clients would not get the job because of Bobby Kilpatrick... I mean bobby Ferguson, sorry.


WE're back.  Judge Edmunds is commiserating with the jury about how cold it is in the court room.

Miller is backing the box and Chutkow now asks if he's familiar with Synagro. MIller says Jim Sykes who once worked for the administration, and a house staffer told him about Synagro.

Chutkow asks if Sykes worked for the Mayor.  Miller say he was the political director and Sykes had a relationship with Jim Rosedahl.  The is the $1 billion sludge contract controversy.

Miller says Synagro turned water treatment waste into fertilizer.  Says Synagro wanted DWSD to outsource the sludge hauling to them.

Miler says he started dealing directly with Rosendahl at the direction of the Mayor.  Says Rosedahl contributed to the Mayor's campaign and Bernard got involved when Kwame asked Miller to facilitate a meeting.  Miller says Kwame told him to facilitate the meeting to assist Rosedahl on the community aspect of the project.  Miller says the project required community consent.  There were environmental issues, and they needed Council support and the support of other groups.

Miller says it was so Rosedahl would hire Bernard.


the Judge Agrees.  WE're taking a 5 minute break.


Chutkow is having a tough time getting Miller to answer questions.  Most of Miller's answers are just yes or no, or I don't recall exactly.

They're back.  Miller says the Mayfield flight was to Los Vegas.  SAys he golfed and went to the concerts.  SAys he doesn't know who paid for the gold and concerts.  Says Mayfield paid for the Jet.

SAys Mayfield also provided a jet for another trip,  same gang of passengers.  Says he thinks Bobby was there but he can't remember for sure.  SAys it was a business meeting with a Bob Johnson.

Chutkow asks if the Judge would like to stop now'


Miller says he also flew on planes owned by Chauncey Mayfield, who was seeking investments by the pension board.  Miller says Dedan Milton was on a flight.  Miller says Milton was on the Pension board and reported to the mayor.

Chutkow asks if Beasely was on board.  Miller says yes, he was the city treasurer appointed by the Mayor.

Miller says Mayfield didn't say whether he owned or chartered the plane,  Beasley, Miller, maybe Dedan were on the flight with the Mayor.

Thomas is asking for a sidebar.


Chutkow asks about Tony Soave.  Miller says Soave provided a jet to the Mayor during the black-out so the Mayor could come back from vacation. 

Chutkow puts up text:

Kwame: this private plane is the shit.

This was sent to Miller.  Chutkow asks if this reminds him that the Mayor contacted him while he was on the plane.  Yes

Carlita: does the plane we are on have a VCR or DVD player

Miller: let me check

Miller to his assistant: please call jay the pilot and ask him if plane had DVD or VHS

ASsistant replies will do.

Miller says he thinks it was a flight to Florida but he can't exactly recall.

Miller says he went to Bermuda on a Soave jet with Bobby, Kwame, Mike Martin, Sgt Love, Jeff Beasely, Andre Cunningham, Mahlon Clift.

Miller says the went because the Mayor was going to meet with the Minister of tourism,  the rest of us?  "we was just going'."

Miller says the rest of us were just there, we stayed at a rented house, doesn't know, exactly, who paid for it.

Chutkow asks if they flew to Tallahassee.  Miller says in '07.  Miller was working at his own company by now.  Says the Mayor invited him.  Cunningham and Beasely, Jonathan Quarles might have been on the plane.

Miller says they went because the Mayor was speaking at Florida A&M.  Says they went to Miami next, then back to Detroit.  Miller says he was on the trip because there were discussion with Donald Watkins while he was at the city, they were meeting with Watkins to talk about Pension Board opportunities.


Chutkow now showing the transmittal of the special distractive order on Baby Creek.  Miller reads that WAlbridge bid was accepted because of its ability to do the work,  Detroit based, Detroit headquartered.

Miller reads the Mayor's order saying the contract I valid and binding.  dated April 8 2003.


Miller says the low bidder before equalization on the BABy Creek contract was Walsh.  Says the information was transmitted at 3:15 PM.  This was right before Bobby's 3:00pm meeting with Walbridge.  The texts make it clear that Bobby wanted the information before he went into the meeting.

Chutkow now showing an email from Edwards at DWSD saying he left a voice mail for Jackson telling her to hold off on sending out her response to the bid protest until Mercado calls Miller.

Chutkow showing a The Walbridge agreement with Bobby saying they'll hire him if they get the contract.

Miller reads $2.7 million for mass site work, $10 million for Patton Park.

Chutkow shows a message from Bobby on the day the WAlbridge agreement was drawn up.  Wurdlow: D, we are all set on Walbridge.  Give me a call.  Wurdlow was the city finance director and was one of the people who had to sign off on the contract.


Chutkow asks about another text:

Bobby:Zeke I know why you called I won't know what kind of deal it will be until 3 PM about the Walbridge issue


Bobby:  thank you  William Phillip has been hired to review the ordinance by walls... I told him he needs to talk to you want he makes his determination. I need for you to talk Audrey Jackson purchasing... baby creek before she announces her division, to give it to you first.

Miller says Jackson worked in the purchasing department and opened the bids.  Miller says Bobby wanted to see the results first because he was having a meeting with Walbridge.  Says Bobby wanted to know who the official winner was along with the equalization.

Bobby:  What's the verdict. I am I with Walbridge now ...

Chutkow shows a series of messages where Bobby asks about Walbridge, the contract, the bid decisions and meeting with Walbridge.

Chutkow asks why he gave Bobby the results in advance.  Miller says he asked me to.


Miller says he was happy to assist Ferguson in getting work and it was important to know that Parker was trying to get Ferguson on the contract.

Miller says D'Angelo D'Allisandro and he had a conversation, that D'Allisandor asked for a meeting and Miller says he told him canceling the contract was a management decision.  Says D'Allisandro complained of having a tense relationship with Ferguson.  Miller says he didn't tell D'Allisandro that the Mayor was the one that canceled the contract.

Chutkow now changing subject to Walbridge-Aldinger.  Miller says he believes they were headquartered at within the city at the time. 

Chutkow asking about the "BAby Creek" project and bid protests submitted by the Walsh company.

Chutkow shows document showing the bids.  ASks Miller is he remembers circumstances surrounding the bid opening.  Does he recall talking to Bernard Parker about it.  Says it was before the bid was opened.  SAys Parker came to his office before the bid, says he listened, then asked Parker if Ferguson could be included.

Miller says Parker was trying to make sure Walbridge got fair consideration as a Detroit headquartered business, told Miller Walbridge already had minority representation.

Miller says they talked about Patton Park being added to the water contract.  Miller says Patton Park was next to the sewer department and the REc department wanted its project to be added to the water contract.

Miller says Bobby was aware of the project and Kwame told him to mention that to Parker.

Chutkow showing text messages Miller sent to Ferguson asking him to call.


Chutkow asks Miller about why the Mayor canceled contract 1361.  Miller says the mayor told him Bobby wanted it canceled.

Chutkow now asking about the "outfalls" contract.  He's showing the memo from Bernard Parker to Inland officials about the meeting he had with Miller.

former Wayne county commissioner Edna Bell was also at this meeting.

Miller reads the document, says parker and bell disclosed that fact that Ferguson was not part of the design and build team... parker goes on to relate how Lakeshore extended the invitation to FEI and FEI accepted.  Says Bernard wrote that FEI was happy to be on the team even though that hadn't yet found out how  


"all rise" court is back in session and the jury is filing in.


And the Judge calls for a 20 minute break.


Chutkow asks if Miller talked to bobby about it and what did Bobby say?  "screw them."

Chutkow asks if the Mayor had told him what to do with it.  Miller says Kwame decided the contract would not be awarded and that Mercado was to be told not to award it.  Miller says he was the messenger that told Mercado what the Mayor wanted him to do.


Miller says Mercado met with Kwame in the Mayor's office and Mercado would complain about Bobby asking for change orders.  Miller says the Mayor's response depended on the individual contracts.

Chutkow asks about Lakeshore's $10 million sewer lining contract. Miller says Lakeshore got the contract and the contract was held by Mercado.  Miller says he doesn't remember talking to Bobby about it, but he did talk to Mercado about it.  SAys it may have been held by a previous administration, says Mercado was concerned about it being held by the Mayor.

Miller says he had a series of conversations with the Mayor.  Miller says he had a meeting with tom Hardiman of Lakeshore after Rep. Cheeks Kilpatrick's office called.

Chutkow now showing the Lakeshore emails outlining bobby complaining about that call.  Bobby wanted Kwame to talk to Miller.

Miller says he told Kwame that Hardiman was complaining that Bobby was holding up the contract.

Thomas asks for the date, May 2 2003.

Chutkow now showing a message from Miller's assistant saying the ZMayor want him to meet with Hardiman and "listen and be vague."

Miller says Hardiman came to the office, said he didn't have a good relationship with Ferguson. 

Chutkow asks "what did you do?"  Miller replies, "I listened and was vague.


Miller says he was invited to a meeting with Bobby and Oszust of Inland at the Mosaic restaurant.  SAys he understood his purpose at the meeting was to resolve the issue and his showing up was a sign of the administration's concern.

Thomas is objecting to "administration."  Miller says the administration wanted the situation worked out.

Chutkow asks if the Mayor authorized the amendment.  Miller says yes.

Chutkow shows the special administrators order signed by Kwame.

Miller says the special administrator was the Federal Judges authority to oversee contracts with the Water Department.

Chutkow asks about Mercado, asks if he went to Puerto Rico with Mercado in Dec 2003.  Miller says Bobby and Kwame were also on the trip, says the purpose was to look at the water system,the aqueduct system.  Says it was the Mayor's idea and the Mayor would have had to invite Ferguson.

Miller says Kwame told him he invited Bobby so he could get to know Mercado and also look for other work, possible abroad.

Miller says MErcado once ran the water treatment facility in Puerto Rico.

Chutkow asks about Miller talking to Mercado about concerns over Bobby's contracts.  Miller says Mercado complained about Ferguson, says he thought Bobby was combative.

Says Mercado complained that Bobby was constantly on his case about work, change orders, and emergency contracts, that he needed to be able to do his job and Ferguson was being aggressive.


Chutkow asks about the Sinkhole project now.  Says Bobby told him that he didn't get paid for work he did on the project, says he was owed money.

Miller says Kwame also told him that Inland didn't pay Bobby and that work wouldn't move forward until Bobby got paid.

says the Mayor told him he was going to hold future payment and work to Inland.  Miller talked to Mercado about it as well and says Mercado told him there was little to do because it was a dispute between contractors.  Says Mercado was concerned that Kwame Hadn't' signed the amendment.

Miller says Bernard Parker at Insituform had contacted him to help resolve the problem.   Miller says he then to Mr. Levin at Inland/Insituform and Levin told him Bobby already got paid for the work he did and now wanted more money.  SAys he told Kwame that Bobby was seeking money for work he didn't do.  Miller says he passed along to the Mayor that Bobby was trouble and should stay away from him.

Miller goes on to says that Inland was interested in solving the problem.

Miller testifies that it wasn't his usual job to negotiate problems between contractors.


Chutkow asks about the Sinkhole project now.  Says Bobby told him that he didn't get paid for work he did on the project, says he was owed money.

Miller says Kwame also told him that Inland didn't pay Bobby and that work wouldn't move forward until Bobby got paid.

says the Mayor told him he was going to hold future payment and work to Inland.  Miller talked to Mercado about it as well and says Mercado told him there was little to do because it was a dispute between contractors.  Says Mercado was concerned that Kwame Hadn't' signed the amendment.


Miller says Council was more concerned about the contract amounts.  Thomas objects.  Judge Edmunds tells Miller he can only testify to what he told Kilpatrick not what others told him.

Says he told Kilpatrick that once the contract limits were surpassed the council had to approve changes.  Says he told the Mayor that Ferguson's contracts had to be increased so Bobby could continue working.

Chutkow abandons that line of questioning and moves on.  aSks about INland Waters contract.

Miller says a contract had been awarded to Inland, but hadn't bee executed yet.   This was early in the administration.

Miller says Bobby wanted in on the contract and told the Mayor.  The three of them were talking about it.  SAys the mayor had an interest in assisting FErguosn and that he, Miller, called Inland at the direction of the Mayor.

Miller says the Mayor told him to talk to them about getting Ferguson work.  Says he talked to Dennis Oszust at Inland and asked him to get Bobby in.  Says he was told that Charlie Williams the former deputy Mayor was already in on the contract. 

Chutkow asks about the 2002 Mackinaw conference.  Miller says the Mayor told him to talk to Kathleen McCann, so he did, and asked her about getting Bobby to participate.  Says her response was curt, she seemed agitated.  Says it wasn't the reaction he expected, didn't know why she acted that way.  Says he told Kwame about it and he doesn't recall the Mayor's response.

Miller is not being nearly as forthcoming today as he was yesterday.  Seems like he's just going through the motions here.



Chutkow introduces a new exhibit, text message dated July 21 2004

Bobby: he don't let zeke let Adamo in we can't trust them and they bad mouthing us


Bobby:Adamo demolition zeke will be coming to you about helping them but its not coo I don't trust them and they lost that's the bottom line everyone bidded and the Lost.

Bobby again:cool

Chutkow asks if this date is around the time he talked to ADamo.  Miller says he can't recall.  Zeke is miller's nickname.

Miller says another contractor named  Farrell also complained, this time about Amru Meah, the Building and SAfety Director wasn't letting him get work in the city.

Miller says Farrell's company is also a minority business.  Miller says he visited Farrell's headquarters as well and says he spoke to Amru Meah but not Kwame.  SAys he doesn't remember talking to Bobby about it.  Says he just wanted to let Meah know what the complaints were.

Chutkow asks if he talked to Kilpatrick about City Council investigating who was getting contracts.  Miller says the liason to Council reported to him and he would pass that along to the Mayor.


Chutkow asking about John Adamo.  Miller says he had a meeting with him in his office.  Says ADamo told him he was having trouble getting business with the city and it was because he didn't have a great relationship with Ferguson.  Says his company was also Detroit headquartered and based.  Miller says Adamo may have thought he was a good ear but didn't say why he specifically wanted to talk to Miller.  Miller says after the talk with ADamo he went out to look at Adamo's place and saw for himself that Adamo construction was based in the city.  Miller says he told the Mayor about the visit.

Says he told Kwame what Adamo had said, told him he visited the headquarters, and also added that Adamo thought Bobby was bad mouthing him.  Says no Kwame didn't tell him to take any action.

Miller says he also talked to Ferguson and Bobby said there was bad blood and that ADamo couldn't be trusted, that he wouldn't support Adamo.


Chutkow asks about Book-Cadillac hotel project.  Miller says Ferguson did demolition, says Kwame told him he wanted Bobby on the job, it was going to be a big deal for the administration and to make sure Bobby was an equal participant, that Detroit based and headquartered contracts were involved.  Says Kwame wanted to put Bobby on the job because Bobby wanted to be on the job.

on to Building and safety.  Miller says Amru Meah was the director, and Ferguson got work though that department as well

Chutkow asks if Miller had conversations with the folks at Adamo Construction...  Thomas objects as hearsay.  Chutkow asks for a sidebar.


Miller says he was on the board and other Mayoral appointees were on the board.  Chutkow asks if there were any other contractors who benefited by Miller's influence on the board.

Thomas objects.  Judge sustains.  Chutkow asks if focus of the board was to steer contracts to a particular person. Miller says it wasn't the focus to steer contracts to Ferguson, but it was a priority.

Chutkow asks about Cobo construction projects done by the DBA.  Miller says the restaurant construction and others, and Ferguson was involved.

Miller says the Heilman project was also a Ferguson project.  Miller says Xcel, owned by Ferguson, was involved.


Miller says Mayor Kilpatrick told  him that Blanton, the former director, may have been wearing a wire and working for the Feds.  Says Kwame talk him to make a change at Cobo and fire Blanton.  Miller says Tom tuskey took over for Blanton.

Chutkow now asking about the Detroit Building Authority.  Miller says it's the city department that oversees building projects.

Chutkow asks if Kilpatrick told Miller about his plans for the building authority.  Miller says Kwame wanted to keep a tight rein on it, wanted it controlled by the Mayor and wanted to put Ayana Benson in as the director.


 Good morning from Theodore Levin Federal Court House, Derrick Miller is back on the stand and Mark Chutkow is asking him about a former Director of Cobo Hall.

Ken Martinek is Senior Producer-Investigations for Fox 2 News.  You can contact him at

Powered by WorldNow

11358 Viking Drive
Eden Prairie, MN 55344

Phone: (952) 944-9999
Fax: (952) 942-0455

Didn't find what you were looking for?
All content © Copyright 2000 - 2014 Fox Television Stations, Inc. and Worldnow. All Rights Reserved.
Privacy Policy | New Terms of Service What's new | Ad Choices