Live Blog: Kwame Kilpatrick Trial Day 65 - My29 WFTC Minneapolis-St. Paul

Live Blog: Kwame Kilpatrick Trial Day 65

Updated:
  • Latest Development in the Kilpatrick Corruption TrialMore>>

  • Bobby Ferguson sentenced to 21 years in prison

    Bobby Ferguson sentenced to 21 years in prison

    Friday, October 11 2013 3:20 PM EDT2013-10-11 19:20:27 GMT
    Bobby Ferguson, a former city contractor and longtime friend of ex-Detroit Mayor Kwame Kilpatrick, has been sentenced to 21 years in federal prison for his role in a public corruption case.
    Bobby Ferguson, a former city contractor and longtime friend of ex-Detroit Mayor Kwame Kilpatrick, has been sentenced to 21 years in federal prison for his role in a public corruption case.
  • Kwame Kilpatrick sentenced to 28 years in prison

    Kwame Kilpatrick sentenced to 28 years in prison

    Thursday, October 10 2013 9:33 PM EDT2013-10-11 01:33:28 GMT
    A federal judge sentenced former Detroit Mayor Kwame Kilpatrick Thursday to 28 years in prison for his role in a public corruption scandal that cost the city millions and ended a career for the once promising politician.
    A federal judge sentenced former Detroit Mayor Kwame Kilpatrick Thursday to 28 years in prison for his role in a public corruption scandal that cost the city millions and ended a career for the once promising politician.
  • Judge: Ex-Mayor Kilpatrick must pay $4.7 million

    Judge: Ex-Mayor Kilpatrick must pay $4.7 million

    Tuesday, December 10 2013 8:04 PM EST2013-12-11 01:04:30 GMT
    A federal judge has granted prosecutors' request and has ordered imprisoned ex-Detroit Mayor Kwame Kilpatrick to pay $4.7 million in restitution.
    A federal judge has granted prosecutors' request and has ordered imprisoned ex-Detroit Mayor Kwame Kilpatrick to pay $4.7 million in restitution.

And we're done, which means we all have to go out a brave the snow and cold. Nobody is running out the door. M.L. Elrick will have the highlights this evening on Fox 2 News. Plus, check out his unique takeaway on MyFoxDetroit.Com.

12:12

The attorneys are going into chambers. The Agents are hanging around in the court room. The defendants wandered out to the hall.

I'll hang around here a few more minutes and see if they come out to put anything on the record. It's a long shot but we'll see..

12:06

Another big sidebar going on now before the next witness is called.

Judge Edmunds says we're quitting now because they need to resolve some more incendiary issues. This was supposed to be a short witness but it appears the prosecutors are not giving an inch on these witnesses for the defense. The jury is excused, but the attorneys are hanging around to present arguments. We'll see if they do this in court or in chambers.

11:59

Evelyn has no further questions. Chutkow up, asks if he worked on the broken main one day and was then on to other things. Yes.

Chutkow asks about Hayes, asks if Hayes couldn't pay union wages because he was losing city work. McVay says all he knows is Hayes was bidding but not getting jobs. Says he doesn't know why Hayes was getting out of City Work.

Chutkow asks if he worked on the Downtown water mains. Says he worked from Monroe St all the way to Greek-town.

Chutkow shows a text.

"You want to hear something funny Hayes excavation cussed out Victor and told him to stuff his job. 5 minutes after he call me to find out when how fast can we do the job... we need Bobby Ferguson."

Chutkow asks if Hayes ever told him Bobby was laughing about Hayes losing work. McVay says Hayes did good work.

Chutkow asks if it would upset him to find out Bobby and Kwame were laughing about Mr. Hayes like this. McVay sits back, hand on chin, puts his glasses on. Says he wouldn't like that, no I wouldn't.

Chutkow finishes.

He looks upset, his entire demeanor has changed.

Evelyn asks if Mr. Ferguson ever said anything disrespectful in his presence. No.

Evelyn asks what problems Hayes had with the Union. Says he got the impression Hayes had tired of dealing with them. Union members went on stoke, damaged machines. Says he thought it was union people doing it.

McVay says he still did union work but that Hayes was tired of dealing with them.

Evelyn asks if City jobs required Union work. Yes.

No further questions, Judge Edmunds tells Mr. McVay he can step down.

11:48

Chutkow has no further questions, on redirect Evelyn asks if he remembers the name of Bobby's foreman's name. No. Simmons is excused

Judge Edmunds swears in Lewis S. McVay who was born in Oklahoma. Grew up in Detroit, Retired from construction work. He's 65.

Says he worked for Dane Construction, built manholes, went to Macomb Contractors, put different kinds of infrastructure in the ground. Lists other companies he worked for.

Says he worked for Hayes Excavating for 16 years as a supervisor, ran underground, foreman and superintendent for Hayes.

Came to Ferguson Enterprises, left Hayes because Hayes wasn't going to be in the Union so he left to protect his retirement. Says he had a great relationship with Hayes. Says it was a good company.

Says he got a call from Mr. Ferguson, needed somewhere to go, didn't really want to be a foreman anymore. Says Bobby asked him a few times and he finally told him he would. Says Bobby told him he needed some black supervision, needed a black foreman. Says his first project was on 8 mile putting in 16 inch water mains, listed streets, thinks about time a bit, says about 9 years ago.

Evelyn asks if he did work under contract 2014. Evelyn says he'd need the street. Fox Creek? East Side? Yes I did.

Says he had a regular crew, Harry, can't remember names.

Evelyn asks if he got called in to help on a Saturday. Yes, got called in to fix a broken water main. Says his superintendent probably called him in. There was water in the street, in a hole where they'd been digging. Says he became familiar with A&H at that point. Says one young man was there, he was told later it was the owner, found out later it was Johnny Hardiman.

Evelyn asks if he met Tom Hardiman. No.

says another Foreman for Ferguson was also there. Says they set a valve, set the doghouse, the section that sets over the valve, you brace the gate valve off the doghouse. What they did was a blatant mistake, the back filled the doghouse but stopped before it was properly braced. People on the block were out of water so they got called out. It was one long day. Says he didn't get any help from A&H folks.

McVay says he trained people, Bobby would put them on his crew.

Evelyn asks if Hayes was a good friend, did he learn a lot. Yes.

Says he learned a lot about the business end from Bobby. You had to be accountable.

11:31

Chutkow up, asks how he got city work. Simmons says Bobby gave them the work. That E&T was on the contract. This is the A&H Lakeshore contract. Says his Brother did all the paperwork. Bobby's company was not on the bid, Simmons admits.

Chutkow shows him …. nope... sidebar.

Back. Chutkow asks about company checks, are you familiar. No. Do you know Bernard Kilpatrick. Heard about him, don't know him. Doesn't know if his brother paid him 40,000 to help get work with the City.

Simmons says he's the President of E&T, Inc. that was doing the business with Lakeshore. Shea is now trying to explain that his company did the work but another company obtained the work.

Chutkow says so you didn't do the bid or other paperwork. Simmons says he did the digging and his brother did the paperwork.

Evelyn objects, no foundation. Judge Edmunds says If Chutkow doesn't have a foundation to ask him these questions then you didn't either. Over ruled.

Simmons admits, he has no knowledge about the exhibit the defense showed him.

Judge Edmunds tells Evelyn you asks him questions about contractors on this document so clearly this is good from Cross Examination.

Simmons is telling Chutkow he doesn't know anything about the paperwork, can't say who was who, what the joint ventures were, doesn't know if his brother talked to Tom Hardiman, who the bills were submitted to.

Chutkow asks if there was a fee dispute between Bobby and his brother. No. That fees were to be paid to Bobby. NO. That his companies certification might be yanked, there were threats to that effect. No.

Simmons says he does know his company got certified, his brother handled the paper work. All he knows is they went to work.

11:20

Evelyn is at the podium. Judge Edmunds says we're going ahead with Ferguson's witnesses now. Says Thomas has more witnesses but since he's waiting for tax expert Gary Leemon she'll let Evelyn start. Says they don't have to go in any particular order. Thomas may also call other witnesses.

Evelyn calls Theo Simmons from E&T trucking. Says his brother started E&T in 1991.

Simmons says they did small jobs for Ferguson's company.

Says he also worked on the 8 mile project in 2000. Can't remember the contract number. Says Bobby told them to give it a try even though Simmons thought it was too big a job for such a small company. Says they also did cement work and water tap and tie in work for other companies. Says that's where they connect the individual houses and tie the new water mains into existing mains.

Says in 2007 they did water main work on Chalmers and some other work on the East Side. Says they got paid by A&H but didn't work with A&H. Evelyn shows a payment application where the company listed is A&H/E&T. Simmons says he didn't see any A&H equipment on the job. Says they did do work with Ferguson on this job. Says he didn't see A&H until Fox Creek. Says he heard of Johnny Hardiman but never met him.

Evelyn asks if he heard about a water main break involving A&
H. Says he heard about it but has no personal knowledge.

Quick sidebar hear.

Evelyn asks if Ferguson helped his company. Simmons says yes, he gave them work. Says they moved to Bobby's old place and got to park stuff inside, fewer break ins.

Simmons says they had to hire a couple of guys to do the 8 mile job, sometimes used Ferguson's truck to haul stuff away, used Ferguson's materials. Says Bobby taught them to take pictures before and after, take notes.

Evelyn has nothing further.

11:01

"All rise." Court is back in session. Waiting for the jury now,

10:36

Thomas says he has no further questions, and surprisingly, Bullotta has no cross examination questions, McPhail is excused.

Judge Edmunds calls for a 20 minute break.

10:33

Sidebar is over. Thomas asks if she knew Derrick Miller. Yes. Did you interact with him both as a council person and as a cabinet member. McPhail says he was sent to IT and didn't attend cabinet meetings. Says she didn't have interaction with him in the Mayor's office. Says she heard things and remembers having an opinion about him. Thomas says did you conclude if he was truthful person. Says No. McPhail now being asked about Emma Bell. Yes. Asks if she saw Bell have a private meeting. Says she saw her in the waiting area.

Thomas asks about the Mayor's habit of meeting with people. McPhail says there was a waiting area. Thomas asks what about his private office. Says someone would take you in and he'd sit at his desk. Thomas asks if he used to have others in the room. Sometimes.

Hail says no, she didn't see Bell give him money. Didn't hear any rumors that she gave him money. Says she knew Bell was a fundraiser. Thomas asks she knows about Bell's reputation for truthfulness. Oh, Yes... McPhail says... not a truthful person.

10:30

Thomas asks about "Splash of Red" party. McPhail says yes but she doesn't remember much about it.

Thomas asks about gifting in office. McPhail Says Beatty collected the money, cash, She put in $1000.

10:31

Sidebar is over. Thomas asks if she knew Derrick Miller. Yes. Did you interact with him both as a council person and as a cabinet member. McPhail says he was sent to IT and didn't attend cabinet meetings. Says she didn't have interaction with him in the Mayor's office. Says she heard things and remembers having an opinion about him. Thomas says did you conclude if he was truthful person. Says No. McPhail now being asked about Emma Bell. Yes. Asks if she saw Bell have a private meeting. Says she saw her in the waiting area.

Thomas asks about the Mayor's habit of meeting with people. McPhail says there was a waiting area. Thomas asks what about his private office. Says someone would take you in and he'd sit at his desk. Thomas asks if he used to have others in the room. Sometimes.

Hail says no, she didn't see Bell give him money. Didn't hear any rumors that she gave him money. Says she knew Bell was a fundraiser. Thomas asks she knows about Bell's reputation for truthfulness. Oh, Yes... McPhail says... not a truthful person.

10:22

McPhail says she eventually threw her support behind Kilpatrick and took the job of general council for the City under the condition that she didn't have to answer to Christine Beatty. She held a Cabinet level position. Says she didn't work for Kwame after he resigned.

Says Gerard Grant Phillips and Kim Harris headed up Human Rights. Says they had a regular meeting before the cabinet meetings and they'd tell her what the department was doing. Thomas asks if Kim Harris was effective in the Human Rights Department. No.

McPhail says the general council represents both Council and the Mayor's office and every other city employee and department.

Asks if people would extol the Mayor's name to get things done. Yes, it happened all the time. That people would says the boss said something when maybe the boss didn't, just to get things moving.

Thomas asks if she had a disagreement with Derrick Miller. Yes. Can you explain it?

Not without a sidebar after Bullotta objects.

10:12

Thomas asks if incumbents running for re-election sometimes get behind in work. Yes. He just set up that contract 1368 approval might have been delayed because Kwame was running for office. (I think that the "outfalls and sewer lining contract."

McPhail says contract approvals always took a long time. Says Council is the final approval. Says Detroit has a strong Mayor form of government, he can make selections of contractors, monitors contracts, and business is brought to Council through the Mayor's office. She just teed up that Kwame was in charge.

Thomas rebounds with but Doesn't Council have independence to investigate contracts. Asks if contractors sometimes went to Council persons. Yes.

McPhail says if a contractor was aggrieved about not getting a contract they could complain to a council member. They could appear before council.

McPhail says most of the contractors had consultants.

Thomas changes gears, asks if she knew Judge Feikens. Says he was her friend. Thomas asks if Feikens was interested in clean water for the City. Yes. Vibrant and Curious well into his later years? Brilliant. McPhail says both Archer and Kilpatrick were special administrators. Can't remember if Coleman Young was.

10:02

Thomas asks if she remembers the special administrative contracts for the Water Department. Puts up a sewer contract transmittal record. This is from Inland Waters and McPhail says it looks familiar. Says she can't says she always saw a document like this but from time to time.

This is from contract 1368. McPhail says she doesn't remember what it's for.

Thomas asks if Mercado's signature is on it. Yes. McPhail says she didn't know Mercado personally.

Thomas asks here what was going on in her life at that time. McPhail gives him sideways look at asks... "you mean." Thomas laughs and says , "politically." gets a few laughs and jokes that's a pretty broad question isn't it. McPhail and others in court laugh.

Thomas asks about her run for Mayor. Asks how intense is running for office. McPhail says intense and unpleasant. Says you're running around constantly

9:54

Judge Edmunds swears in former City Council person Sharon McPhail. She says she grew up in the Boston area, came to Michigan to finish her law degree. Worked for Ford, the Wayne County Prosecutor's office.

Thomas asks if she was ever engaged in politics. Got a few chuckles from around the room. McPhail says she ran for Mayor, served on council from 2002 through 2005. Says she ran for Mayor in 2005.

Says she didn't make it through the primary.

Thomas asks her if she remembers the primary campaign. McPhail says Hendrix won the primary. Had a big lead. Says at that time she threw her support to Kwame. Modestly tells Thomas her support helped him.

Thomas asks about the recount. McPhail says the board of canvassers took awhile after the election to certify the results.

Thomas asks if she remembers the exact date. No. Thomas shows her a newspaper article to refresh her recollection.

Thomas establishes the vote wasn't finalized until December.

Asks McPhail to explain what the council does. She says approve contracts, work out budget. Thomas asks about what due diligence council members did before approving contracts. McPhail says it depends on what council person you're talking about. Says any council person could hold a contract.

9:45

"All Rise." Judge Edmunds has taken the bench and says they've been meeting in chambers talking about evidentiary matters and end of case issues. She says she wants to make clear to council that they can submit supplementary briefs for the jury but she needs to be able to rule on admissibility.

It looks like Sharon McPhail is standing in the gallery, can't quite tell from the camera angle we're seeing.

The Jury is in now. Judge Edmunds is now giving them a tentative schedule. She thinks that testimony will wrap up on Wednesday. Thursday and Friday the jury will get the days off. Closing arguments will be given Monday along with Jury instructions.

9:39

The attorneys are straggling back in, one by one, John Shea, Bernard's attorney is back. He's talking to the seated Mike Rataj, Ferguson's attorney. Susan Van Dusen is also chatting with them. Thomas and Evelyn are still not in the court room.

9:17

Last Friday the trial started late and the attorneys were arguing over evidence. We'll have to see if today is more of the same.

9:06

Looks like the attorneys are in chambers again this morning. The defendants are in the room, but other than those three and the clerk it's pretty empty.

8:33

Good Monday morning from the Theodore Levin Federal Court House in Downtown Detroit

Ken Martinek is Senior Producer-Investigations for Fox 2 News. You can contact him at ken.martinek@foxtv.com

 

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