Live Blog: Kwame Kilpatrick Trial Day 71 - My29 WFTC Minneapolis-St. Paul

Live Blog: Kwame Kilpatrick Trial Day 71

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DETROIT -

Judge Edmunds thanks Mr. Evelyn and tells the jury we'll hear from Mr. Chutkow in the morning. Reminds them not to watch coverage about or read about the trial and wishes them a good night.

We'll have the recap on Fox 2 news tonight. M.L. Elrick and Charlie Langton will be on the air and M.L. Will have his takeaway on MyFoxDetroit.com. He takes a look from both sides of the aisle, at the defense closings, and the prosecution side, and dissects the arguments.

See you all back here in the morning.

3:37

Evelyn says it's not illegal to posses cash, they ran Bobby out of the bank what was he supposed to do.

They showed you a text saying there's 7,000 in the safe. They showed you a safe, that wasn't the same safe the 7,000 was in a hotel safe on a trip. It wasn't the same thing.

Says they did everything they could to link this but there was no link.

Mahlon Clift, Evelyn says Thomas did a great job showing the government didn't show what it claimed it was trying to show.

Says Clift, if he met with Bobby at the Antheneum, and brings his bag, so where's the day between October and June where he's staying in his own name, if he wasn't there how could it have occurred. If there's no record of his stay it didn't happen.

Says they made a big deal about revenues in this case but skipped over everyone else. Says he wants to put this in perspective. Soave made 2.5 billion, lake shore made 250 million. These are the victims, the guys who got their arms twisted, they are the victims the 2 billion and 250 million dollar victims.

Says if Bobby had been involved in extortion or racketeering and not a contractor.... Shows DWSD capital improvements of 5. billion dollars. Says ask yourself if that makes sense. The government if criminally incompetent to make that allegation.

The civic Fund, Why put money in the Civic Fund if Bobby could just give Kwame money. So how could that 75,000 be anything other than a contribution.

Oak-wood Pump station, Evelyn says, the attempted extortion, We don't even know what the full conversation was, we have to rely on the "esteemed" Mr. Parker. Says it with a little venom. Shows an email from Hausmann saying Walbridge reached out to Ferguson.

Shows another Hausmann memo. Says this shows they got something without Ferguson being involved so he guesses it can be done.

There's now evidence that Walbridge was being extorted.

Now, Evelyn says, the good news is, I'm almost done, says to the jury I know you're tired, I am too.

The prosecutor always goes first and last. Defense attorneys anguish over that even though it's fair.

Says when Mr. Chutkow gets up tomorrow he'll probably raise some questions, good lawyer that he is. And in the jury room you're going to have to ask yourselves... what would Evelyn say about this.

Bobby Ferguson is a tough minded business man who has bee steeled by his experience, he has fought, succeeded, not like the victims in this case, but he feels he's a success.

Bobby Ferguson had a real company, real employees, real equipment, and vowed never to be a pass through.

Says for me it's emotional because it's like making money off the civil rights movement. Says Bobby was on the Motor City Make Over and save the city millions. The man for CAT said sure we loaned him money and sold him equipment and he even came a picked it up. Does that sound like a no work person.


Let me implore you to face up and meet that challenge... bring the not guilty verdict... and remember in 1968 Martin Luther King said it's not where you stand in times of comfort but where you stand in times of controversy.

Evelyn voice is cracking with emotion, he looks down, then looks back up at the jury and says thank you and walks over to his client.

3:16

Evelyn says let's talk about Bobby's office where the government claims Bobby used state money to furnish his office. Evelyn says only one check came from the State grant money, everything else was paid for out of the company account. Says if they were hiding the grant money why was there 32,000 left over and why did they tell the state that. He says that the state never tried to get the money back and the reason the state didn't give them the second half of the grant was because they didn't spend all of the first half.

Evelyn says lets talk about Derrick Miller, I'll incorporate everything my colleague Mr. Thomas said and I'll only add one thing. He says Miller testified that Ferguson was exceeding his limits on cost over runs for contracts. Says the whole notion of complaints... in the journal of the city council.. shows that Ferguson was one of ten contractors that had extensions, because they added more houses to be demolished. It was a gross misrepresentation, totally misleading, the other contractors weren't charged with racketeering.

Evelyn says we had to go through and find actual real documents showing that Excel did most of the work on the project, (Heilman Rec center?)

Evelyn puts up a document saying the Detroit Rec department can pull the contracts that the RFP is not the sole bases of awarding a contract.

Evelyn says he wants the jurors to look at the exhibits, lists the names he wants them to look at. Says the Judge asked me to be aware of the time. Says now he wants to talk a little about money.

Says the Government is unable to connect, in the racketeering enterprise, that they haven't proved at all. That it's not a crime to be friends with the Mayor. Nothing to connect Ferguson's legally earned money and paid taxes on to Kwame. They showed you money in his safe and that means that they claim before then Bobby was giving Money to Kwame. The say it's impossible to trace... but yes you can. Bobby bought equipment, paid insurance. Says Bobby was buying enhancements for his company. You don't do that if you're cheating you do that if your working, they're trying to pull the wool over your eyes (he shouts) don't let them do that. (he says more quietly.)

3:00

"All rise." Court is back in session. The attorneys and spectators all stand for the Judge and remain standing for the jury.

Evelyn is talking to Tomas now in the center of the room. Bobby and Kwame are standing together at the back of the defense table, and sitting next to each other while Evelyn gives his closing. Bobby's wife is sitting behind him, two rows back in the gallery, I haven't seen him look back, or waive to her. A stark contrast to Kwame who waived to his wife and kids and chatted with them over the rail during the breaks.

Evelyn moves on to Patton Park, shows a memo from Mercado to the Mayor, and says this refers to the Baby Creek project. Evelyn says this shows it was delayed by a patent infringement claim.

Evelyn says the government claims Kwame used a special administrative order to the benefit of Bobby, but reads that this order also acknowledges the patent claim.

Evelyn says so we know the delay was due to the patent infringement clam unless you think the mayor lied to the judge.

Evelyn says Walbridge won this job and they were hardly afraid of the City. Shows a document showing the date the bid was opened and the per equalization scores. Evelyn says the last paragraph talks about Barton Mallow's protest. Says the memo talks about how even the City employees don't know the city rules.

Says Parker had inside information about what was going on in the city, within days of the bid opening, says this is a sign... show Parker got inside information.

Evelyn says there was a dispute between agent Beeckman and Mr. Rataj. Shows a document showing bids for sewer work. Says by the way this shows that Ferguson had the lowest bid for mass excavation. Move on to the had written agreement where Walbridge hammered out an agreement to pay Ferguson for the Patton Park. If he had a point about that document I missed it.

Now Moves on to the Book Cadillac. Says it's UN-rebutted this was a competitive bid and Bobby won it fairly.

2:25

Judge Edmunds calls for a break.  Couldn't come at a better time.  My fingers are cramping up.

2:23

Evelyn says you heard Soave tell Ferguson that he could go "F" himself if Ferguson thought he'd form a joint venture. Says that's the real Tony Soave. That's the guy Kwame had to deal with. Says Soave testified that ever city has it's favorite contracts, but when it involve Kwame Kilpatrick somehow it's crooked.

Evelyn says Soave was using Charlie Williams as a minority front, didn't have employees or equipment. Bobby had equipment, we brought people in to testify to that. And never once did they have a complaint. Evelyn is getting emotional now, walking back and forth, saying it's a rough and tumble business. Says the insurance guy testified there wasn't a single complaint against Bobby's bonds and that's special. So Bobby is supposed to be a crook?

Evelyn pus up another contract, signature page, says remember Mr. Latimer said this was a long process. It was but there obviously wasn't a delay.

The sink hole, remember 1368, (13 68 is not the sinkhole, he's jumping back) remember when Bernard Parker said Wow, that's when a witness doesn't know the facts... jumps around some more and comes back to Parker.

Evelyn says Parker will says whatever he says depending on who he's is tied to at the time and this time he's tied to the government. Says if Bernard Parker comes to the doors and says there's a fire, I'll watch your stuff. You better watch your stuff. Evelyn says Parker was faced with the choice of saying either he lied to the jury or lied to his boss so he decided to lie to his boss. He worked for everybody, said he talked about how bad Bobby was then he went to work for him. Then quit and said he wanted to make Bobby Ferguson his first client. Is he telling truth. Remember the government is relying on him for everything, Walbridge, Ferguson, everything,

2:10

The so called outfalls contract 849. Evelyn says that some how Lanzo made a side deal with Hardiman to push out Bobby. It's surprising how much leeway the attorneys have on cross examination to characterize the evidence. Evelyn is primarily re-testifying for Bobby. Revising what the witnesses said. Says it wasn't Bobby who wanted to get out of this contract but the other contractors show were trying to figure out how to make him go away. This is the one the government made a big deal out of Bobby getting paid for no work.

Says Bobby was just insisting on getting paid for the work he was promised and Mr. Hardiman didn't stand up for him.

Lets talk about 1368. this is the inland contract that Ferguson was supposedly forced in by Kwame. Remember Mr Soave admitted he was a multi-billionaire and didn't even know how many companies he owned, a fortune 500 company. Says Soave testified about the meeting with Kwame. Let's think about that for a moment, what else did he says. Kwame is a new Mayor. Soave supported Kwame opponent.

Evelyn says at first it was Kwame who extended the olive branch to Soave, but later it was Soave who said he heard about problems. Says the first time Kwame met him he was trying to make amends but the next time Kwame is making ultimatums? It doesn't make sense.

In trial Soave says the mayor told him he had the wrong contractor but he admitted Kwame may have implied that. Boy, I was riveted to Soave's testimony and I don't remember him saying anything about implying anything, he was one of the most straight forward witnesses in the case.

1:58

Evelyn is now talking about a letter for CN1832 from Daryl Latimer of DWSD saying here's some work that can be done in house... jumps to Ed Ramey letter about suspicious scoring process. And intentional low balling. Buy Lakeshore. So clearly the contract they think they won DWSD has real issues with. I believe Evelyn is referring back to the $5 million and $10 million contracts Lakeshore won but were then pulled.

Says if Mr. Ferguson was involved with shenanigans to pull the plug on a contract he pulled the plug on himself because he was on the contract. This is another contract he put up on the screen.

Now he's putting up another document and talking about a Fred Erdman listed as supervisor for Hardiman's company, then shows the next page and lists another Ferguson employee that's listed on the A&H contract. Evelyn says so Hardiman was utilizing Ferguson employees.

Evelyn says another allegation is that Hardiman testified he had a agreement with Ferguson and that Ferguson showed up and three out DCG and on 1361 you can see Daryl give written notice that they were to stop so they weren't thrown off. No more point repairs until further notice, Says the interesting thing about that is DLS1-6. That's the exhibit number. Says if you look four entries down, it shows, wait go up to the top again, it's the record of the invoices on the project, they say they were kicked off but they continued to bill, so from the time they were kicked off they continued to bill, so they were never kicked off they continued to make money.

1:47

Evelyn says this was real mentoring. The government wants to criminalized these relationships because that's what they need to do to convince you there's racketeering going on.

Evelyn says you hear from Mr. McVay, and that They misused a text message that Bobby was laughing at his former employer. Evelyn says you heard him tell you the water main break he was called out to fix. You heard him says he didn't see any Lakeshore boys out there. Evelyn says when they have a problem who get summoned. Bobby Ferguson, a guy with a real company, real employees, real equipment, and real expertise.

Evelyn says now I want to talk about Tom Hardiman the guy who said $5 million and $10 million that animated little thing he liked to. Says Hardiman told you he raised money for the campaign, knew the Kilpatrick family, says he and Bobby shared values like furthering black businesses, became friends, and now he's saying he's a victim of extortion.

Evelyn says an Rachmale, sure said he had a great company, he sure made a lot of money. Says he told a story about a guy named Patel that was so hard to believe. Says Hardiman told a story about disagreeing with Patel about paying for someone, then took the stand and said Patel didn't work for Lakeshore, says Hardiman still couldn't tell the truth. Says Patel was in business with his wife. Says Patel was a supervisor at DWSD and leaving that job and going to Lakeshore in the evening. The city found out and wanted to fire him.

Evelyn is pretty much saying that Rachmale and Patel and Hardiman are rats, which we know, that Patel was on the take, which we heard, and that's why all the stuff Bobby did was okay. Evelyn is very eloquent but hard to follow, he jumps from name to name to contract to contract and it takes him so long to make a point that this slow typist can hardly keep track of what he getting at. There are so many details that his broader points are getting lost. Not like She who said this is the issue, here's why you shouldn't convict my client.

1:34

Evelyn says you heard testimony about the pilot project for the sewer department, the construction management pilot program. The FBI agent tried to say this was a low bid contract, but she had to change her story when I showed her under cross examination.

Evelyn shows a memo about the project, says an RFP process will be used. There may be as many as 7 contractors working at any time.

Now he's showing a letter from Qaqish at DWSD talking about negotiating with the contractors to get the best price.

Shows another letter, goes to second page, the combined estimated cost is 3.8 million, the work will be given to Hayes and Ferguson who have proven themselves on the previous project. Evelyn says there's no corruption here, Ferguson performed well on the pilot project, there's no corruption going on here.

Evelyn now says whenever you have a sister contract one contractor could get both but Kwame stopped that, and now it has been changed back. Mercado felt it was fair to spread the contracts around. Now this has been laid at the doorstop of Mr. Kilpatrick but you heard testimony that one contractor was from Ohio and this concern emanated from DWSD.

Okay, if you haven't been here every day all the names Evelyn is throwing out, the contractors and the contracts, aren't going to make much sense. In essence, and I'll try to sum this up fairly, he's saying concerns about Detroit based and Detroit headquartered business certifications were proper, had merit. That it was proper to complain about them.

Says it sounds like DWSD was concerned about this, that the company in question was headquartered in Ohio.

Says contract 2014, the east side water main contract, they ENT was a proxy for Ferguson, Evelyn says he was offended by that. Says the brother of the guy who owns the company testified it wasn't a proxy. That the families knew each other. Says Ferguson mentored the brothers and it wasn't a fake fraudulent mentoring like with Tony Soave

1:21

Evelyn says this case is one of the most complicated and unusual that he's seen in many years. That there has been an endless drumbeat to convict these defendants.

Evelyn says the defense team has struggled with this, with what the jury is up against, that the right verdict may be the unpopular one.

Holds up John F. Kennedy's Profiles in Courage, says in that book he talks about 8 Senators who did what was right even though it was unpopular. Quotes, "I stared down into my open grave." Evelyn says it's hard to do what's right, that each one of you told us you could withstand the pressure. We trusted that promise at the beginning of that trial, and we trust you now.

There's a play about 12 jurors deciding a case, where a juror wants to decide quickly to go to the baseball game but another juror holds him back...

Evelyn says the government has pressured people to testify the way they want. That the government and the media has demonized his clients. Made Kwame Kilpatrick radioactive. Well, it's a free country, he can say that, but I don't have to agree with him.

You've heard about companies that rely on government for their livelihood. Soave, Lakeshore, Hardiman and Rachmale. It doesn't guarantee that you won't hear lies in this case, you did hear lies in this case.

It's up to you to decide... beyond a reasonable doubt. You've heard allegations that aren't specific charges, but are part of the RICO case. Evelyn says he wants to talk about officer Michael Fountain. Says Kilpatrick and Ferguson are so polarizing that they produce agendas. That Fountain had the temerity to say … Bobby threatened his life, his wife, and children, and his story is he did this in a court. How plausible does that sound... this melodramatic story doesn't hold water at all.

Says he asked Fountain who owned the property at the address he put on the ticket. Says fountain testified he didn't know.

Says in the grand jury he said Officer Martin threatened him but in court he said it was Ferguson. That doesn't stand up, because agent Beeckman said it was different.

These were his own words in the grand jury... as my associate said it's like being misquoted in your own autobiography. Moreover he tells the media the tickets were dropped because it was a mistake. The FBI said the media reports were accurate. But Fountain wanted to ague about it. You've got ask your self, proof beyond a reasonable doubt.

1:06

Court is in session. Gerald Evelyn is up and thanks the jury, in part he says, because it's the polite thing to do, but also because he is glad they are here, a representative jury that's a cross section of the community, that they chose to serve. People from all walks of life, all neighborhoods, for giving up the things they gave up for making this possible.

1:03

Man Shea talks fast. I hope I didn't get anymore Johns and James's mixed up. Judge Edmunds call for a break. I can use one. We'll be back at 1pm.

11:34

Shea says there's no evidence that Bernard had any role in directing the campaign fund or the civic fund. But there is evidence that he did work for both. And it's legal to get paid for that work. It was appropriate for those entities to pay him.

Shea says there was no intent to defraud donors, and it can't be said he intended to defraud donors.

Shea says there were three trips paid by Civic Fund where Bernard went on trips, like the Super Bowl. And Detroit was prepping for its own Super Bowl. There's no evidence that Bernard went to the game or that the Fund paid for a ticket to the game.

The Texas trip when Kwame was in jail. Bernard didn't know who paid for the trip. April Edgar make the reservations and didn't tell Bernard about it.

Orlando Florida. Bernard, his girlfriend, kids, grand kids. Shea says one or two nights was paid by the Civic Fund but Bernard paid for all the other hotel rooms and expenses so this doesn't show any conspiracy involving him.

Shea says Bernard took it's lumps like anyone else did. Lakeshore, a one and done client. Kado, if he didn't get his money for him he wouldn't get paid, and he didn't. Synagro, he does not get his son involved. Shea says this is evidence that he's not involved in a conspiracy. You'd think he'd get things done but he's not.

Shea says people were happy to use Bernard's expertise but as soon as those folks were charged with a crime, oh, I was extorted.

Rosendall had no objection, then betrayed him after getting caught bribing a council woman. This is Alice in Wonderland, down the rabbit hole kinks of stuff.

I'm not trying to make Bernard out to be a saint, he's a former basketball player who could probably throw a few elbows, you job is not canonization, just to find him not guilty.

The tax charges. They have to be signed under penalty of perjury, they weren't signed. The electronic authorization form, they don't have a signed copy. You can't convict him. They don't have it they should have gotten it. It's not a technical element it's a critical element. You have to acquit on 2004 charge.

2005 a different issue, he signed, the falsity is material, but is it willful. You recall how little contract he had with his accountants. It was not a willful act. You must acquit. And I ask you now to Acquit him of all these charges.

11:17

Shea move to the Book Cadillac and the waste hauling contract. Says Bernard was hot because the job got stalled and an out of town company was now hauling the waste and he felt his clients, Capital Waste, should have been given consideration.

Says Bernard had legitimate complaints and you heard him talk about the avenues available to him to complain, talked about the best way to lodge his complaint. Says Bernard never filed a complaint, he never tried to have adverse action against the main contractor. But had Bernard filed a complaint, it would be exactly what consultants do, if he didn't do anything he would have been remiss.

You heard agent Beeckman says the client may have gotten work on another job. But that's Bernard's job, to help his client. It's not extortion. It's Bernard helping his client.

Shea lists the witnesses, Kado, Cunningham, etc. Says this is what the government case relies on, and it's hogwash. Says there's no evidence of extortion, or racketeering.

Says he's going to have to debunk some myths, like the sit down meetings. Says Chutkow told you that Derrick Miller will testify that these meetings were to sit down and target the city's most lucrative contracts. That didn't happen. Derrick Miller didn't says that.

Shea says they had three meetings in 6 years, this is hardly an ongoing thing. Says Miller says the meetings were about community interests, business opportunities, politics. Shea says those business opportunities were Bernard working on behalf of his clients. There's nothing wrong with a consultant calling the mayor and asking for a meeting.

Shea says if they said give me 5 grand or I won't help you that would be a problem. But nobody did that. It's not illegal. Meeting at the condo wasn't illegal either.

Remember Bobby, and Derrick, and Bernard were also important to Kwame's community out-reach, just because it wasn't an election year, there were all kinds of reasons the Mayor might want to talk about the things going on in the City. But none of these things are racketeering.

11:05

Shea says Bernard deserved to get paid, everybody agreed, and his getting mad, swearing, was not extortion but an guy who deserved to be angry, who did work. There's nothing illegal about wanting to get paid.

Shea says he had more to go but could take a break now and the Judge agrees. Back in 20 minutes.

10:22

"All Rise." Court is back in session. Hey, you may have noticed a few times I wrote John Rosendall, it's not, it's James, I apologize, brain isn't connecting with the fingers this morning. John Shea, James Rosendall, after 5 months you'd think it would be automatic.

John Shea is up once again.

Says now he wants to talk about the $5,000 payment that James Rosendall Paid Bernard. Asks the jury to think back to the recorded meeting they heard, which occurred about 10 days before city council signed off on the Synagro deal.

Asks what Rosendall did after that call to his boss. Shea says he lied to Bernard again, tells him the home office was going to be talking to Rayford Jackson and setting him straight. But it was all lies.

Told him he'd get paid by the end of the year. Not true.

Shea says the substance of Rosendall's conversation was that he needed an invoice. The Awuna Olumba, written on Black Onyx stationary, gave him an invoice. Says it was clear that Rosendall was just using the invoice as an excuse to put off Bernard again. Promises to pay again but it doesn't happen.

Shea says the government tried to make it sound like Bernard didn't do any work but of course he did.

Which brings us to the Meeting at the Southern Fires Restaurant where Rosendall was trying to pay Bernard with cash and Bernard said he needed a check, What are you doing? Shea says Bernard asked.

Shea outlines the months of time that have gone by. Says Rosendall finally came back with the cash but Bernard didn't tell him to bring cash. Bernard just took the cash because it had been a long time and he just wanted to get paid. Says Bernard asked Rosendall if this was the same 5 grand as the invoice and Rosendall said yes.

Shea says this is not extortion. And reminds the jury that Bernard is only being charged with one substantive count, the Synagro extortion count. And as you ca see it's not extortion. And if it's not extortion then there's no conspiracy here either.

And again brings up that Kwame had very little to do with the whole thing. Also adds that Kwame could have done the deal under his special administrator powers. She points out now that Bernard never called anyone to mess with the deal, like with the permits. Shea says if there was a conspiracy to leverage his son's office, where's the leverage?

Says Rosendall actually says it best. Rosendall's boss asks him why Bernard's son hasn't gotten involved and Rosendall replies, "he's not involved."

10:22

Bernard got two checks, and what else, a double cross. Says Bernard had an agreement to run Bernard's share through Rayford's associate Akuna Owumba, a former girlfriend, and that was the agreement.

But behind the scenes we heard Rosendall plot and scheme to cut Bernard out. Says Bernard finally got fed up, and after Council approved the contract he they met at the Pancake House where the FBI kindly got them a booth and you hear Rosendall tell Bernard he can expect to be paid half his success fees by the end of the year. But Rosendall delivers nothing and that's when you heard the famous "Vacation" message Bernard left Rosendall. Then you heard how Rosendall and Jackson scheme to put Bernard off..

Says Rayford told Rosendall to tell Bernard that Rayford was under investigation for a housing scandal ( which Rayford may very well have been at that time but Shea isn't talking about that.)

Bernard finally says he's going to blow up the deal. Of course Rosendall is upset because he's worried he may lose the deal. That's when Rosendall goes to his boss. But doesn't tell her the whole story.

Shea says his boss, to her credit, immediately says they don't want to do business with Rayford if he doesn't honor his deal. Plays tape of Pam Racey, Rosendall's boss where she tells him you need to remind him how he got hooked up and got the job and we don't want to deal with people like that.

Rosendall says morally it's not right. She laughs ironically and says Geez, I love it when Rosendall talks about morality. Says when Bernard talks about blowing up the deal it's not extortion.

The judge instructed you, extortion is the "wrongful" fear of economic harm. Everybody here acknowledged that Bernard had a lawful deal to get paid, and moreover Rosendall said paying Bernard was the moral thing to do.

10:08

Shea says Cunningham paid Bernard in the basement of City Hall. Is that a problem, not really, that's a pretty public place, and it's not illegal to pay in cash.

Cunningham said so many different things it's hard to tell what is true. You have a guy exposed for taking Bribes. I think you might want that staffer to stay away from your Father and it's perfectly legit for Kwame to tell Cunningham to stop paying him.

Rosendall, Shea says he heard one person says he needed an acid bath after John Rosendall testified. Actually, he read that in M.L. Elrick's column on MyFoxDetroit.Com.

Says Rosendall was the most immoral and manipulative witness he has ever seen.

Says the testimony was that Kwame told Rosendall to hire Bernard, regardless, it was suggested that Bernard was suggested early on. But it's curious that Kwame didn't seem to be involved. Says Kwame was special administrator and didn't have to go through council. Say presumably, if this was a conspiracy, Kwame would have done that, but he didn't do that. It went through the standard process and took years.

It was approved by one vote and we heard that Rosendall and Rayford JJackson bought that vote. Shea says if Bernard was extorting money for Kwame he wouldn't have left this to such an unlikely process.

Says Rosendall told the court he heard the city was pay to play, that he hired Bernard because he heard this rumor.

Says you heard Rosendall says Bernard did work on the project before turning it over to Rayford Jackson.

Shea says Synagro brought in Rayford Jackson because they didn't want the headache of public relations by dealing with the Mayor's Dad. Says Jackson was the guy who dealt with the public and Bernard dealt with City Council.

9:57

Shea says Kado met with agents for months, but never mentioned this damning conversation. Says Bernard patted Kado down for a wire, would you forget that, for months? It is completely unbelievable that Karl Kado forgot things like that happened and didn't tell agent about it until months later. Kado had a deal to cooperate, it was just one more lie to spin.

Shea says Kado acknowledged that at no time did Bernard says pay me or you won't get what you want, at no time did Bernard says you have to pay someone or you'll lose what you have a Cobo hall.

Let's move on to Andre Cunningham. He a guy whose idea of reality changes with who he's talking to at the time. Shea says Cunningham got caught taking money from an undercover officer, took a $5,000 bribe, he was caught. Says he got caught and cooperated. Shea says he's on the horns of a dilemma, Cunningham tried to do what the government wanted but on cross examination Cunningham's truth changed.

Cunningham describes a meeting where Cunningham thinks he was told to hire Bernard because he was the Mayor's dad, but on cross Bernard was brought into the deal before that meeting. That all the players in the deal had a dinner with the Bernard and he told them how the pension board worked, and Shea says to me, Cunningham said Bernard helped move the deal forward, and knew Bernard expected to get paid. This was a fee for services arrangement, and had nothing to do with extortion. He was brought in to work on the deal by them and he worked on it.

9:48

Says Kado had a hidden interest because he admitted he was paying kick-backs to then Director Lou Pavledes. He didn't want Lou out, he wanted to protect his interests at Cobo.

You heard Derrick Miller say Kado was protecting his interests. Says Bernard was doing real work for Kado, that there are text messages between Miller and Bernard talking about upcoming contracts.

You'll remember that there was a meeting between Kado and Bernard in Feb of 2008 and Tom's Oyster bar that was recorded, and Karl was wearing a wire. They talked about all kinds of things, but they talked about contracts that Karl was owed money on. And Bernard says they can't do that legally I'm gonna meet with Amru Monday. And Kado replies they'd been working on this a long time. Shea says this shows they had a long working relationship.

Says there's nothing inconsistent with paying Bernard monthly and because he paid in cash and didn't keep records he couldn't remember just how much he paid.

And remember, Shea says, it may sound like a lot of money but those contracts were worth millions, so it wasn't out of line considering how much those contracts were worth.

Shea recalls the conversation where Bernard thought Kado went and hit under a rock. Says there was nothing wrong with paying Bernard $100,000, that Karl came up with that. Even though there were no invoices, no need for them. Karl Kado paid him cash because Karl Kado was skimming cash, Thomas finally got him to admit that. That's what Kado got in trouble for. The reason Kado paid in cash was because he was hiding money.

Says Kado told the court Bernard wanted cash, but earlier told Agent Shuck that Bernard didn't demand cash. Says there's no extortion here.

On Monday, Bullotta said Bernard extorted money from Kado, but that couldn't be further from the truth.

Says the government tried to trap Bernard into doing something illegal. But they didn't get that. Bernard was legit, just like he had been before.

9:36

Says Kado had a hidden interest because he admitted he was paying kick-backs to then Director Lou Pavledes. He didn't want Lou out, he wanted to protect his interests at Cobo.

You heard Derrick Miller say Kado was protecting his interests. Says Bernard was doing real work for Kado, that there are text messages between Miller and Bernard talking about upcoming contracts.

You'll remember that there was a meeting between Kado and Bernard in Feb of 2008 and Tom's Oyster bar that was recorded, and Karl was wearing a wire. They talked about all kinds of things, but they talked about contracts that Karl was owed money on. And Bernard says they can't do that legally I'm gonna meet with Amru Monday. And Kado replies they'd been working on this a long time. Shea says this shows they had a long working relationship.

Says there's nothing inconsistent with paying Bernard monthly and because he paid in cash and didn't keep records he couldn't remember just how much he paid.

And remember, Shea says, it may sound like a lot of money but those contracts were worth millions, so it wasn't out of line considering how much those contracts were worth.

Shea recalls the conversation where Bernard thought Kado went and hit under a rock. Says there was nothing wrong with paying Bernard $100,000, that Karl came up with that. Even though there were no invoices, no need for them. Karl Kado paid him cash because Karl Kado was skimming cash, Thomas finally got him to admit that. That's what Kado got in trouble for. The reason Kado paid in cash was because he was hiding money.

Says Kado told the court Bernard wanted cash, but earlier told Agent Shuck that Bernard didn't demand cash. Says there's no extortion here.

On Monday, Bullotta said Bernard extorted money from Kado, but that couldn't be further from the truth.

Says the government tried to trap Bernard into doing something illegal. But they didn't get that. Bernard was legit, just like he had been before.

9:24

Shea says He thinks the government has utterly failed to prove it's case.

Tells the jury that one witness, John Rutherford, the millionaire Homeless shelter operator, described how valuable Bernard was as a consultant. Says Rutherford had deals with government entities and were overseen by same. That hiring a consultant was totally normal, nothing wrong with that. That Bernard obtained real estate records about the river front property, got zoning information about cell phone towers, says Rutherford was owed money by the county and asked Bernard to help him collect that money. So Bernard was helping Rutherford.

Says Bernard was paid monthly, 10,000 a month. Says Rutherford also paid other consultants like Hertell.

Says the interesting thing about their relationship, is that Bernard left Rutherford to take what is basically a volunteer position with the mental health board. Says that's probably why the government didn't mention this chapter in closing statements.

Says the government claims that Mr. Kado testified he gave Bernard money for no work. Says Kado flip flopped from one sentence to the next. No matter who was asking questions. Says recall toward the end of my cross examination I asked him to read, says he couldn't read what was on the screen without inserting his own words, insisting on inserting those words to change the meaning to make it closer to the story he wanted to tell.

Says Kado was such a good pal of Bernard's that he let him buy stuff from his store on credit, and finally admitted that, finally admitted Bernard paid his bill every month.

9:14

Judge Edmunds greets the jury, says she hopes they all feel better today. John Shea begins, says he will start over but he's not going to go into all the ground about Bernard's personal history, says he does want to correct a mistake he made, that Bernard got out of state government because his some would be in the same building, says the county moved it's offices at that time to the old county building, but the thought was the same, that the relationship was too close.

Moves on to explaining what consultants do. The have personal relationships with people, advocate with here clients, they have knowledge and access.

Says we were talking about why Bernard was valuable as a consultant. Says the more contacts, the more experience in government the more valuable the consultant. And Bernard had those qualities in spades.

And it's not illegal for Bernard to be a consultant, even if his son is the Mayor. N O more that Conrad Mallot (former supreme court judge) or Curtis Hertell.

Nothing improper or illegal about being a consultant just because Bernard had a relationship with the Mayor.

Adds that Bernard wasn't always successful either.

9:06

Court is in session. Judge Edmunds is telling the lawyers that the additional jury instructions proposed are okay with everybody. Looks like they did some wheeling and dealing over the break. 

Judge Edmunds also tells John Shea the jurors have asked him to start over from the beginning.

9:02

I heard from Rod Hansen the Court's Media Liason that Bobby Ferguson's family is in the court room this morning.

8:55

Good Morning and welcome back to the Theodore J. Levin Federal Court House in downtown Detroit where closing arguments will resume this morning.  Bernard Kilpatrick's attorney John Shea will start off the day after being interrupted last Tuesday when several jurors became ill and proceedings were cut short.

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

 

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