Live Blog: Kwame Kilpatrick Trial Day 63 - Mid-South News, Weather, Traffic and Sports | FOX13

Live Blog: Kwame Kilpatrick Trial Day 63

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.
DETROIT -

And Judge Edmunds calls for a break for the day. We'll see Mr. Leemon again next week, tomorrow we get a new witness.

M.L. Elrick has another great takeaway posted on MyFoxDetroit.com, a moving piece about time, loss, and what is really at stage for the defendants in this case.

Plus, we'll bring you the highlights tonight on Fox 2 News. See you tomorrow.

1:01

Bullotta puts up the chart prepared by Leemon. Points out where he marked can't use money for campaign for a specific candidate. Leemon says right you can't do that.

Asks if he looked at went out of Civic Fund and what it was used for. No.

Bullotta asks about the Cadillac Deville purchase. Leemon says it depends on the utilization of the car, unless someone wants to bury it in the books, without any legitimate use for the Civic Fund. Wow, he's a better prosecution witness than the prosecution CPA was.

Leemon says if you're talking about an individual who works for several organizations each company could only take it's part, they'd have to share expense.

Bullotta asks about paying for Yoga lessons. Not even close, not an acceptable expense, not even close.

How about sending your family to the great wolf lodge. Unless there's something business related it's probably not.

Leemon says the government has an interest in examining expenses, that you have a responsibility that you're not using funds for your personal benefit and the government wants to know about those.

Bullotta asks if someone had direct power over the way the money was spent would that be considered control by the government.,

Leemon gives a long answer but it boils down to you have to report those expenses on the government forms, says definitely it could be taxable to either the individual or the fund. List more stuff it could effect like social security....

12:52

Court is back in session. Bullotta is entering exhibits. Asks if Leemon prepared a form 990 for a no profit. No. have you conducted a criminal investigation. No.

Have you reviewed Kwame's personal bank records. No. The civic fund records. No. read transcripts of the people who worked for the fund. Just the accountant Gary Terrell.

Bullotta shows him the payment list from Kwame's personal bank account. Says these are cash payments. Bullotta asks if he agrees that if these cash payments are not gifts but are bribes it would be taxable.

Bullotta asks again if bribes or extortion payments are taxable. Leemon says could be.

Asks bout cash deposits into the account between 2002 and 2008. Leemon says they could possible be taxable and he doesn't know how much money he started with. Leemon says he doesn't know if he had 1 dollar or 1 million dollars.

Bullotta asks if he'd be wary of cash deposits. Leemon says yes large amounts of cash would be cause for further investigation.

Bullotta asks if he heard testimony from Emma Bell or Mahlon Clift. No.

Bullotta asks if he teaches the theory behind tax exempt organizations. Says he has.

Bullotta asks if you can take a 501c-4 and use it for a campaign. Leemon says not for a specific candidate, no.

Bullotta plays Kwame's statement where he said in the debate that he didn't use one penny for his campaign. Asks if he reviewed records from the Lake Snell research company. Asks if the Fund paid for research for the campaign. Leemon says that could go either way if there were issues involved.

Bullotta asks if it was used for the candidate himself that would be for a specific campaign. Leemon says that's right.

Bullotta says using it to get a candidate elected would inappropriate. Leemon says he agrees with that..

12:33

Judge Edmunds calls for a break. 5 minutes.

12:32

Thomas shows the personal bank account and cash summary. Leemon says you'd have to know how much cash is available to do a summary. Thomas says this doesn't include Carlita's accounts. Leemon says he'd expect a wife to share her cash with her husband. He obviously doesn't know my wife.

Leemon says you don't have a beginning balance and you don't have sources of cash from other means.

Thomas has no more questions.

12:31

Thomas puts the articles of Incorporation on the screen. Leemon says they are appropriate.

Thomas asks if he got a copy of the restated articles. Filed in July of 2001.

Thomas asks if he knows what the Bureau of Consumer and Industrial Services Department is. Leemon says it's a state of Michigan form. Yes.

Thomas asks if this was filed with the state but the prior document was filed with the IRS. Thomas says he's going to ask if the restated purpose is still acceptable.

Thomas asks him a question and Leemon says what was that word you wanted me to says yes to. Thomas says you can saw what you want you don't have to say yes but as the court knows I love it when people agree with me. Judge Edmunds quips, yes.

Thomas reads the purposes, Leemon says yes to all of them. Appropriate for 501c-4.

Thomas says it appears there's difference between the original articles and the new ones.

Thomas reads no activities to carry on propaganda or other wise … Leemon says it's still appropriate.

Thomas asks if they change the rules can they do that. Leemon says the board of directors would have to vote on it.

12:11

Thomas asks if lawyers and CPA's would work for corporations. Leemon says outside accountants would prepare the tax returns. Thomas asks if Greg Terrell was the account for the fund. Yes. Phillips was the lawyer. Yes.

What was the legal responsibility of the members. Leemon says he's not a lawyer but... is interrupted by Bullotta.

Thomas says he's not asking for a legal opinion but what is the legal obligation of the officers... Bullotta objects and Judge Edmunds sustains.

Thomas moves on to the summary of Kwame's cash transactions. Asks if he sees the summary. Judge Edmunds asks if he switched gears? Thomas says he's moving on to the analysis of cash to Mr. Kilpatrick.

Asks Leemon is he sees is says cash summary. Yes.

Thomas says this ties into the chart showing the year by year breakdown. He sees it.

AS a forensic accountant if you were going to make a determination of cash available to Mr. Kilpatrick how would you set up the paradigm.

Leemon says he'd look at any and all transactions. Thomas says as much info as possible. Yes.

Cash received in whatever way possible. Leemon says yes just like in divorce matters. Thomas says this is not a divorce but are wages taxable. Yes. Loans, no unless it's forgiven later. Gifts, No.

Thomas asks does the person getting the gift have to pay tax. No.

A bribe. Taxable.

Would you have to include everything before coming to a conclusion. Yes. You'd have to have sufficient relevant information.

Thomas says in the event anything is left out, how would that effect the conclusion. Leemon says if there's something he hasn't looked at he can't reach a conclusion. Says what you can do is statistical sampling and says you're 95 percent sure or something like that.

Thomas says he need to break this down into plain English. Leemon says you have to take into consideration all the cash transactions.

Thomas asks what does that mean for your conclusion. Leemon says it would mean you may not be able to reach one.

Thomas asks about cash donations. Leemon says that would affect the outcome. Thomas says to the extent it was not explored. Leemon says if he did it that way he would not be able to testify about it in a scientific way.

Leemon says if you're talking about cash available you need a starting balance and then look at the ending balance. Like inventory, the difference between beginning and ending during that period of time.

Thomas says one minus another number would be a scientific number.

Thomas asks if you don't know what Kilpatrick started out with... Leemon says your conclusion would be incorrect.

12:11

Thomas puts the articles of Incorporation on the screen. Leemon says they are appropriate.

Thomas asks if he got a copy of the restated articles. Filed in July of 2001.

Thomas asks if he knows what the Bureau of Consumer and Industrial Services Department is. Leemon says it's a state of Michigan form. Yes.

Thomas asks if this was filed with the state but the prior document was filed with the IRS. Thomas says he's going to ask if the restated purpose is still acceptable.

Thomas asks him a question and Leemon says what was that word you wanted me to says yes to. Thomas says you can saw what you want you don't have to say yes but as the court knows I love it when people agree with me. Judge Edmunds quips, yes.

Thomas reads the purposes, Leemon says yes to all of them. Appropriate for 501c-4.

Thomas says it appears there's difference between the original articles and the new ones.

Thomas reads no activities to carry on propaganda or other wise … Leemon says it's still appropriate.

Thomas asks if they change the rules can they do that. Leemon says the board of directors would have to vote on it.

12:02

Leemon says both 501c-3 and c-4 you cannot support a candidate for specific office. Says a 501c-4 you can lobby as long as it's not for a candidate. Says you can lobby on a position.

Thomas says if it's not saying vote for Kwame Kilpatrick. Bullotta objects. Judge Edmunds asks him to rephrase. Thomas asks what a lobbyist does.

Leemon says... changes his mind.. says a lobbyist will try to convince someone else about that group's position and that it would be a benefit to the public. I paraphrased nightly here.

Thomas say attempting to influence. Yes.

Thomas says a campaign issue can be considered. Yes.

But there different as to destructibility as to who give the money. Leemon says 501c-3 you can take a tax deduction. 501c-4 not deductible unless it's a public entity like a fireman's organization.

11:56

Thomas calls Gary Leemon to the stand, he says he is a certified fraud expert, lists all his other CPA bona fides and that he serves on a fraud task force.

Thomas asks bout seminars he conducted. Say a bunch of stuff about a CV that went right over my head. He's talking tax stuff and I'm hearing a foreign language. Says this is the 2011 information on him, is it true now. Says what's in here is true, but there's bore. Thomas asks if he has been suspended from any of the groups he claims to be a member of. Judge Edmunds explains that CV stands for Curriculum Vitae. Now it makes sense. It's his resume.

Judge tells the jury they can consider his qualifications as an expert witness..

Thomas asks Leemon what records he looked at. Says both set of Articles of incorporation, the exempt organization application, other documents. Read transcripts from Rowena (agent) Shuck, Agent Sauer, hear his testimony, heard Selz, was in court for his testimony.

Says he looked at exhibits as well. Looked at the summaries of both cash in and out. Said he looked at Mr. Terrell's transcripts as well and other documents that aren't court records and approached it as though he were going to teach the jury about 501c-3's.

Says the rules have changed drastically since this case started.

Leemon goes on to says there's an interesting tid-bit... Thomas interrupts him and asks if he prepared a chart. Leemon says he reviewed the code, professional literature...

Thomas asks him to look at a document. Leemon says it's a comparison of 501c-3 and 501c-4 organizations that he prepared.

Leemon says a 501c-4 is approved by the IRS for the purposes as stated by the organization.

Thomas asks if it allows for more wide ranging activities. Leemon says different , may be broader, but has to be a civic non-profit.

11:38

Leemon steps down. Thomas says he'll call him back after the next witness. Judge Edmunds tells the jury the government has rested, except for some house keeping matters. Tells the jury that the defendants do not have any obligation to bring witnesses or prove anything to you. Says they don't have witness sheets with photos yet but they'll get them later.

Thomas calls Sophia Plastiras ( She's spelled it twice now and had the judge not spelled it one more time I still wouldn't have got it right.) Says she works at a banquet center, employed by Ted Gatsaros who just passed away. Thomas asks if she becomes involved with the people who put on events. Yes. Do you remember Marvel Cheeks' birthday party. Yes. Did you provide documents to the government. Yes.

Thomas asks if they asked about Kwame's party. Plastiras says she remembers the "Splash of Red" party. Says it was Kwame's birthday party. She worked with Carlita. They picked out table clothes and stuff and Carlita came in and set up the ballroom herself. Says the room can hold up to 1600 people.

Thomas asks if she recalls the event. Plastiras says the theme was black with a slash of red, there were a lot of dignitaries there, can't remember them all, Barden was there, so were Gatsaros and his business partner.

Plastiras says she just stayed until the food was executed. Explains that means the food is set out in the banquet room, she makes sure everyone is happy then she's out the door. Cash bar. Thomas shows the invitation on the screen.

Bullotta on cross. Asks when the agents came to talk to here was it about the Marvel Cheeks party. Was it about this check. Yes. 2500, yes, it was for food and beverage. It's a Civic Fund Check.

Plastiras says she doesn't remember if it was a private party or not. Bullotta shows the banquet order form. Says date is may 15 2009. Plastiras says it lists the details, says grand total is 6620.00. Asks if 2500 was paid by Civic Fund. Asks if she knows if the civic fund paid for Splash of Red.

Thomas is back. Asks abut the civic fund check. Did anyone tell you this was a community function. Judge Edmunds says it's hearsay. Asks if anyone other than family was there. Plastiras says she doesn't know who was who. Says she doesn't remember if she went over details with a family member.

Thomas asks if she remembers the 2006 party better than in 2009. Plastiras says she remembers dealing with Mrs. Kilpatrick and it was a bonding thing. Thomas asks if 2009 was a sit down dinner. Plastiras asks to see the document, says it was a sit down chicken dinner.

11:21

"all rise" Judge Edmunds says she needs to make a finding on Conspiracy and T he exception to the hearsay rule. She says the government has met it's burden, that the defendants here were members of the conspiracy. She says this is not a finding that the government has proved it's case, just a foundation for the admission of statements.

Thomas says he's going to argue to protect the record, that he thought this ruling would come after the defense presented it's case. Judge Edmunds says she's going ahead with the ruling on all charges for all defendants.

Says there will be time for motions at the end of the case. Bullotta raises the question about the defense calling a student who went to the Sherrard School, based on the fact that this student didn't go to school there when Carlita was teaching. Thomas says it was the same program, but there was no program at the school at that time. Says he wants to show that it's something kids got the benefit from. Says the inference is that it was less than a good program but it was in place before, during, and after Carlita's time there. Judge Edmunds says if she didn't participate during the relevant period it's going to be confusing. No one is saying the program didn't exist. Your argument is that she got a salary she deserved. Thomas says this is a pillar in the argument that the program existed before, it was a good program.

Thomas moves to another matter, that Bullotta wants to Coir Dire a witness before he testifies before the jury. This is a tax guy named Gary Leemon. Bullotta is going through his credentials. Leemon is an old guy, balding, with crazy wispy hair. Says he's in his 40th year as an ethics expert on 501c-4 tax exempt corporations. Says his organization gets inquiries about ethics all the time, that he has had to do research, gives advice to other CPA's, also does business separate from 501c-4's. Says he's prepared tax forms for non-profits.

Bullotta asks if he's testified in any criminal cases. Not yet, but he has three pending. Says he has testified in civil cases.

10:48

Chutkow steps up to the podium and says there are some exhibit numbers they need to double check but at this time the government rests it's case.

Judge Edmunds calls for a break before the defense starts its case

10:44

Judge Edmunds tells the jury the objection has been resolved. Rataj puts up check 1199 for 20,000 for graphics. Paszkiewicz says she sees it.

Rataj puts up from Kenworth indicating that FEI bought three tractors for 352,000. Paszkiewicz says it looks like at least part of a purchase transaction.

Rataj puts it up again for the Judge. The VIN's are on it, Tax numbers.

Rataj now puts up a promissory note for the balance, 317,000 of the truck purchase, from a bank. That's the total amount of the Loan, and Rataj shows Bobby's signature. It's dated 9/27/2007.

Rataj asks if this shows that FEI purchased 3 trucks. Paszkiewicz says that's what the documents look like. A juror asks hi to put up the document again.

Rataj now puts up a receipt for a dealer transaction, it's a title application. Directs her attention to the plate number ab42023. Asks if she sees FEI. Yes. First Source Bank. Yes. That's the promissory note. Yes.

Rataj reads the plate number again. Shows a picture of a truck with a fancy paint job, red with a racing starter's flag painted over the front of the hood and sides. Same plate number. Paszkiewicz agrees it's got the same plate.

Rataj asks if we established the price. Yes. 117,000 per truck. Yes.

Picture again, asks if she sees the graphics on the trucks. Would you agree with me would you not that these are after market purchases. Paszkiewicz doesn't know about the aftermarket part but does agree that they are graphics.

Rataj shows the check again for 9,000. Paszkiewicz points out that a juror has a question. Rataj shows the promissory note... puts the picture up again, points out the logos on the doors of the trucks.

Rataj asks if this is aftermarket, no reason to disagree that he didn't buy the truck with FEI already on the door. Rataj asks about the fancy paint job being aftermarket. Paszkiewicz says she's not sure buy yeah probably they are aftermarket. She steps down.

10:29

Chutkow now asks the judge if he can revise his objection,. Says it's clear now where the documents came from and that they are accurate. Now says the check Rataj is asking about for the purchase of the trucks is from 2008 and there's no correlation.. Judge Edmunds says that's a good topic for cross.

Chutkow now states for the record that any talk about seizure of evidence or forfeitures is not appropriate. Judge Edmunds says she assumes Mr. Rataj knows about that. Asks for the Jury.

10:25

Chutkow and Rataj are now talking to the judge about the relevance of the checks. Chutkow says he isn't making any assertions about what the checks were used for except that in one case Bobby paid for jeweler. Rataj says he can prove that some checks were used to pay for truck parts. Chutkow is arguing relevancy. Rataj says he has Vin numbers for trucks that were purchased and he just wants to show the jury that some checks were actually used for what was written in the memo line. Judge Edmunds says there's a question about where Rataj's exhibit came from and it's accuracy. This is all during the break and the jury is not hearing this argument. Rataj says and the government seized the trucks. Judge Edmunds says but it's still not relevant. Rataj says he made a mistake the government did not seize these trucks.

10:15

Judge Edmunds says we'll take a 10 minute break.

10:13

Rataj up now. Paszkiewicz tells him she assisted agent Shuck in locating the checks but didn't help her put together the cash chart.

Rataj says weren't there hundreds and hundreds of checks. Paszkiewicz says she only saw a hundred or so checks. Rataj asks if other agents seized checks. She says she doesn't know. Rataj says but it's possible. Yes.

Would you agree with me that there were lots of checks to vendors. Paszkiewicz says there were only a couple, and a few to employees.

Rataj puts up another check. This is check 1195 made out to cash for 8500. Paszkiewicz says it's made out to Ferguson. Rataj says you can't tell the jury what Mr. Ferguson did with the money. Nope.

Shows another check. You can't says he didn't spend 6,000 on graphics. No.

Can't says what he did with the money from any of these checks. No.

Rataj puts up more FEI checks made out to Golden sun. First one has Void written on it. Yes.

Next one to Golden Sun. Do you know what it's for. Paszkiewicz says it's for a medallion with the FEI Logo. Rataj asks if it was for employees. Pas says it was for Ferguson. Rataj says but you don't know how many medallions were purchased No, but at least one was purchased and it was for Mr. Ferguson.

A Juror asks to see checks 1005 and 1006 again. Void is on check 1007. Rataj puts up more checks to Golden Sun. One says Bonuses in the memo line. Paszkiewicz says she can't read it, it's illegible to her.

Rataj asks about check 1199. this is the check that says graphics in the memo line.

Rataj asks if she remembers that he showed this check to agent shuck. Paszkiewicz says she doesn't recall the specific checks he went through with her.

Rataj looks for his next exhibit. Lot of fumbling around here looking for checks. Talks to Chutkow, then asks for a side bar.

9:58

Judge Edmunds sustained the objection and disallowed the exhibit. Rataj asks if he can ask a question to see if he can lay a foundation. Shows Beeckman the article. Beeckman says he doesn't think he's seen it before. Rataj sits down.

Chutkow asks Beeckman if it was Bobby that was initiating the permit question. Yes. Chutkow asks if it was an inappropriate request. Thomas objects, Judge sustains, Thomas keeps talking, Judge says she's sustained the objection. Thomas says something else off mic and gets a laugh. Judge Edmunds laughs, then tells the jury that she has sustained Mr. Thomas' objection and everyone laughs,

Beeckman step down and Agent Paszkiewicz is called to the stand. Chutkow asks about exhibit BFF-8. This is the chart showing the checks Bobby cashed out when Kwame was in office. Chutkow asks if she saw a check that Rataj showed that had Truck parts in the memo line. Paszkiewicz says she recalls seeing the checks. Chutkow asks her about the Jan 15 2009 search of Bobby's office. Says she found checks in his office, on his desk and in the credenza area.

Chutkow shows a picture of his office in the Wyoming St. Building. Paszkiewicz points out the credenza area behind his chair that you can't see in the picture. Says she found canceled checks, blank checks, other banking records.

Chutkow asks if she went back after Agent Shuck's testimony and looked up the checks. Yes. Chutkow asks if the check he's showing was the one related to truck parts. Yes.

Paszkiewicz says it's an FEI check written to Bobby and signed by Bobby. Says she went back to the evidence locker and got the box where the stuff was stored. Says she saw lots of checks to outside companies including a check to the golden sun jeweler store in Southfield. Says she looked at the stubs and canceled checks. Chutkow moves to admit the check to Golden Sun.

First check is for 9,900 from Sept 12 2003, It's from the FEI account signed by Bobby and the memo line says "truck Parts." Paszkiewicz says the jewelry store does not sell truck parts. (gold plated hood ornaments for back hoes, maybe?)

Chutkow shows the back of the check. 9.12.2003 is the date on the back, same as the front. Chutkow now puts up a check stub for the golden sun check. Also says truck parts.

Chutkow now shows two checks numbered 1005 that appear to be identical except for the payee. On one it says Bobby Ferguson and on the other it says Golden Sun. Everything else is identical.

Chutkow shows check 1006 now, It's also to Golden Sun. Stub says to Golden Sun for truck parts. Chutkow shows the Carbon. Paszkiewicz says it appears to be the same as the original check. Paszkiewicz says she found the carbons in the same area but they were not in the book.

9:39

Chutkow ask now about a conversation talking about that coded conversation between Bernard and Kwame where Bernard had no clue what Kwame was talking about. Kwame was telling Bernard he needed to stay away from the little guy. They mentioned Chicago and being the guy being under investigation. John Shea had brought up the possibility that the person from Chicago may have been someone other that who the government was claiming. Chutkow asks Beeckman about all those possibilities and basically rules them out because they were not under investigation at the time.

Now Chutkow is asking about Club Rain again and showing the test message where Bobby is asking if it's okay to get Meah at Building and Safety to "Fuck with his permit."

Bobby was upset because the Club Rain owner wasn't paying. Now Thomas says he has a question.

Bobby Text: "Club rain, the white boy thinks he is slick don't have any real money, FEI did 20,000 job and he won't pay is it alright if building and safety fuck's with his permit."

Thomas asks if Kwame ever gave Bobby permission to mess with the permits. Beeckman says no. Thomas asks if Bobby spouts off. Beeckman says he doesn't know what Thomas means by that. Thomas asks if he played sports.... finally gets to the point and asks if Kwame gave Bobby permission or encouraged him. Beeckman says not in this text.

Rataj back up. Asks about an article Bobby did with a Crain's Magazine reporter N. Kenny. Chutkow is objecting on grounds that this article appeared after the text. Judge Edmunds asks how is it not hearsay. Side Bar.

9:28

The jury is seated and Agent Beeckman is on the stand now. Mike Rataj is cross examining. He's asking him about the Club Rain adult club building, the night club project that Bobby was doing work for. Rataj asks if that was a private project that did not include city dollars. Beeckman says yes.

Rataj shows a text:

Bobby: "What's up black? You see the business second today Jim Jenkins front page about the casino might get kicked off, contributions.."

Asks Beeckman if it's a private job again. Yes,.

Puts up another text:

Kwame: Yes you shouldn't be there. I'll explain later. Stop getting Meah so scared. He's already frantic. I'll explain later."

Bobby: "I follow, Meah....

Rataj flips the page says look at the part where it says that's the man.

Puts up another text.

Rataj is talking about a bunch of things here, like Ferguson getting hockey tickets, the night club, and a private job to build charter schools.

He's kind of all over the map here. Now he's asking Beeckman if this message talks about George Jackson and going to the Hockey game. Rataj asks if going to a hockey game is illegal. Beeckman says no.

Now Rataj shows a text relating to Detroit Police HQ from Beatty to the Mayor. Asks if that never materialized under Kilpatrick. Beeckman says you're right.

Now Rataj asks about the chart agent Paszkiewicz prepared, puts it on the screen, asks about the revenues generated by the Book-Cadillac project. Asks if Kimberly Clark the prime developer is on the chart. No.

Rataj says to be clear for the jury the Cadillac Funding and Marous Brothers took over after Kimberly Clark. Beeckman says yes. Rataj says that's not reflected on this chat. Chutkow objects, says this chart was prepared only to show who paid Bobby. Judge Edmunds allows the question. Rataj says this doesn't include the expenses does it. Beeckman says no.

Thomas says he has no questions. Chutkow comes up for re-direct,

9:14

Judge Edmunds is now talking about the checks that the Defense team successfully kept out of evidence on Tuesday. Mike Bullotta asked her to reconsider because the defense had already stipulated that they could be entered into evidence. Mike Rataj says it's not fair now based on Agent Shuck's testimony.

Judge Edmunds says the checks may be admissible because of the stipulation, but another agent is going to have to testify since Shuck clearly didn't remember them. Rataj says he stipulated only on evidence records, and reserves the right to object on other grounds.

Judge Edmunds states for the record that the written stipulation makes no such claim but she agrees that Rataj has a valid claim here.

This all started when Agent Shuck told Rataj under cross that she didn't remember who the checks were written to. Then the government tried to bring in specific checks to rebut Rataj's claim that many of the checks were written to businesses and were actual business expenses. Shuck testified that she didn't remember who the checks were written to so Rataj successfully argued that the government could not use them.

Now that may change because prosecutors are going to call Agent Paszkiewicz to the stand instead of Shuck. She was the one who found the checks on Bobby's desk.

8:59

The picture is up, the court room is very quiet. Mark Chutkow and Jim Thomas are talking to Judge Nancy Edmunds informally, it sounds like they are going over the schedule for the day.

Kwame Kilpatrick and his father Bernard are sitting at the back of the defense table chatting.

Judge Edmunds just commented that she saw Sharon McPhail on TV this morning... and then the audio cut off.

8:37

Good Morning from Theodore J. Levin Federal Court House, where the snow is swirling in downtown Detroit.  The Defense team takes over today and it looks like former City Council person Sharon McPhail  might be their first witness.

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

 

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