Live Blog: Kwame Kilpatrick Trial Day 72 - FOX13 News, WHBQ FOX 13

Live Blog: Kwame Kilpatrick Trial Day 72

  • Live Blog: Kwame Kilpatrick Trial Day 72More>>

  • The jurors in the Kilpatrick Case

    The jurors in the Kilpatrick Case

    Monday, March 11 2013 10:25 AM EDT2013-03-11 14:25:47 GMT
    A jury will decide the fate of Kwame Kilpatrick, Bernard Kilpatrick and Bobby Ferguson. Jurors' responses to questionnaires may provide insight on the decision.
    A jury will decide the fate of Kwame Kilpatrick, Bernard Kilpatrick and Bobby Ferguson. Jurors' responses to questionnaires may provide insight on the decision.

After 5 months the jury finally gets to decide. They'll be back on Monday to start deliberations and Charlie Langton and M.L. Elrick will be back on Fox 2 News tonight with the latest, and not just from inside the court room but also on the sidewalks nearby.

We'll also be back on Tuesday to keep an eye on the jury proceedings, and try to read the signs, as it were. But mostly to be here when they come back with a verdict. Have a great weekend and make sure you tune in again next week.


Judge Edmunds says there are no special instructions for the bribery charges.

She's on count 18 now, Mail fraud... all the counts from 18-30 are either mail or wire fraud. Counts 31 through 36 are tax evasion charges against Kramer and counts 37 and 38 are tax evasion charges against Bernard.

Count 1 is the RICO charge. The rest are the extortion charges.

Judge Edmunds says now, a sad moment, she has to discharge the alternate jurors, who have been sitting for months but won't get to deliberate. It's an extraordinary gift you have given your community. Says the Jurors have asked to have one last lunch together, they can, but they can't discuss the case.

After 5 months the jury finally gets to decide. They'll be back on Monday to start deliberations and Charlie Langton and M.L. Elrick will be back on Fox 2 News tonight with the latest, and not just from inside the court room but also on the sidewalks nearby.

We'll also be back on Tuesday to keep an eye on the jury proceedings, and try to read the signs, as it were. But mostly to be here when they come back with a verdict. Have a great weekend and make sure you tune in again next week.


Judge Edmunds says if the Jury wants to start on Tuesday that's fine, the deliberations are up to them.

Says to the alternates, since the deliberations may take time, they are not excused from the case, and she warns us, the press, we can't talk to them. An alternate could be called back if something happens to a juror.

Says Mr. Shea has reminded her to tell the jury they still can't read about the case,even the alternates.

Judge Edmunds now swears in her staff to protect the jury, not communicate with them unless they have a written message. She adjourns the jury for the day. Says for those of you in the press they will be deliberating until 4:30 each day starting Tuesday.


Judge Edmunds says when deciding the extortion charges if guilty they have to decide whether it was under fear of economic harm or under color of official right. One or the other.

On the attempted extortion, same thing.

She's reading through the whole jury sheet now with all the charges. We have the list of charges on the "Complete Coverage" page if you want to follow along.


Judge Edmunds is now reading additional instructions, that the jury must be unanimous in which types of underlying acts they agree on to make the RICO Charge. Must be two acts, and the jury must agree on which two.

Judge Edmunds reads updates on exhibit numbers and which exhibits of evidence will now be admitted and some that are dropped. She's reading a long list of WA1-15's and the like. Now she's reading the list of exhibits dropped, does the same thing for the defense exhibits.

Kwame is sitting with his elbows on the table, head leaning on one hand. That visual Chutkow showed of the altered document had to be a blow to the defense, it was quite dramatic.

Judge Edmunds is now giving the jurors their final instructions. Now she's talking about what they need to do in the jury room. That they must pick foreman, communicate with the court only through written messages through the foreperson. Tells them never to write down if the jury is split, nothing in writing on how the jury stands on their decision.

They must not conduct there own investigation on the case, not even look at a dictionary, and certainly don't go on the Internet.

Whether guilty or not guilty the decision must be unanimous.

Says now that the case has concluded they can finally talk about the case.

Do not hesitate to change your mind if other jurors convince you that your were wrong, but don't change your mind just to get out of the jury room and get the case over with.

Notes, can be used only as memory aids, must rely on own recollection of evidence.


Chutkow says when Thomas calls the State Grants chapter of the overkill. Well, stealing money

The defense jumped over the sinkhole, why, because Mr. Ferguson turned over a false document to you. This was a lie to you. The defense presented you an alternate theory to make it seem like Bobby was already on job before that damaging text message. Somebody removed that date because they didn't want you to see it. Chutkow has a cool visual that shows the "real" document writing floating down and covering the "fake' Document writing exactly, except for the removed date. Does the same thing with another document when the 8 for August was turned into a 3 for march. The sinkhole happened in August.

Chutkow says pay to play corrupts the system, if he hadn't let Bobby run rampant through the contracting community. Did lake shore's business grow. Yes, but only after they agree to start paying Bobby. Contractors that were honest stayed away. This isn't about protecting the contractors, who are the real victims... the taxpayers. They're the victims, they didn't get fair government.

He addresses the jury directly now, Says it now you're time to work together for a verdict, work together, you represent the community and you together can do what's right.

It's clear that Kwame Kilpatrick used the public he was supposed to serve, not elected so he could quietly stuffed money in his pockets. He was entrusted to act for the people of Detroit.

Chutkow says Evelyn read from JFK's Book Profiles in courage, says his sister Mrs Eunice Shriver also talked about it, the founder of the special Olympics, she told college students at a commencement, "these are most bitter days as our leaders stand revealed, these are not evil men but shallow and hollow men.....let's see if we can grow something better in the Desert they left behind"

Chutkow says the scale of corruption Kilpatrick left behind is monumental. Tells the jury they are charged with representing the city. Says all of us in this room know beyond a reasonable doubt that you are just the people to do it.

And he hands the case to the jury


Chutkow says that chart the defense showed you about how much Civic Fund money Kwame used is misleading. They didn't include $500,000 in money he used for his campaign, to give to family and friends like Christine Beatty.

And Chutkow says remember the folks who gave money to the fund said no they wouldn't have given money had they known it was going to be used for stuff like Yoga and vacations. That's fraud.

About paying back the fund, that sliver of a check only got paid after Kilpatrick was subpoenaed about the Civic Fund expenses.

Next Bernard. Mr. Shea talked a lot about James Rosendall's credibility. Chutkow admits Jim was in a jam,but why, because Rayford Jackson and Bernard Kilpatrick were in a money dispute, and Bernard was threatening to blow up the deal. Mr. Shea said it wasn't wrongful because it was a legitimate debt. If it was legit Bernard could have gone to court like anyone else owed money. But he didn't, why not, because the whole thing was illegal.

Why didn't Kwame use his special administrative powers to push through Synagro deal, because he lost those powers in 2006. Why did Rosendall lie to his bosses, because he was in an illegal deal with Bernard. And Rosendall went to jail for that. Says lying to his boss mean Rosendall knew what he was doing was wrong.

Says the defense says Rosendall's testimony was bought and paid for, but Rosendall had already served his time in jail, there's nothing else he can get from the government for testifying.

And Chutkow tells the judge this might be a good place to take a break, 15 minutes.


Chutkow says the defense made a big deal about correlating payments with withdrawals. You saw the safes stuffed with cash, who need to go to the bank, when you can go to the safe to get money for a payment.

Says Kwame went out of his way to steer contracts to Bobby. Says when they found out Andre Cunningham had his phone tapped, Bobby and Kwame went out behind the Manoogian and conversed with their hands over their mouths.

Chutkow says we also know from Mahlon Clift, on one occasion, just one occasion that we know about, that they shared 90,000 from the spoils of their enterprise.

Chutkow says the jury will have all the charges when they get a copy of the indictment so all he really needs to talk about is the Racketeering.

He says you'll see Federal offenses of Extortion, bribery, mail and wire fraud, You need only pick two offenses, or any two state bribery offenses to satisfy the requirement. Or any two mail and wire fraud offenses. Chutkow has nifty visuals, showing the witnesses and the company names. Tells the jury that they only need to pick any two of these, that the actual act didn't need to be accomplished, only that two or more of the participants agreed on it.


Chutkow says let's look at the cash, all the money found in all of Bobby's safes around town. All the money going into the Mayor's bank accounts. Says before he became mayor Kwame acted like a regular person, putting just enough money in his accounts to pay his bills. After he acts like someone taking bribes.

Says the defense claimed all that cash came from the splash of red birthday party, but all they showed you were little checks like this for ten dollars.

Says the Mayor would turn down no check, no matter how big or how small.

You heard office staffers says giving cash was expected, and the person who told you that made just 32,000 a year.

Chutkow says what these lavish parties show is the selfishness of the Mayor, it was a one way street. And think about this, If Kilpatrick had no problem shaking down a poorly paid staffer do you think he'd hesitate to shake down a business man of means. And that splash of red? It was a title wave of green.

What kid of public official asks for a gift from someone who is looking for something in return. Like asking for cash from Rutherford to buy suits in Dubai.


Chutkow says the defense claims Bernard Parker was tethered T the government. But he was subpoenaed just like everyone else.

The defense claims a no show payment was legit, but where's the paperwork, why did Bobby give a fake invoice, with bogus descriptions or work he didn't do, why put it in his wife's name? Because it was an extortion payment and he wanted to hide it.

That hastily hand written contract on Baby Creek, it says if they get the bid they'd pay Bobby. Chutkow says they wanted to make sure the administration would see it, to make sure they knew Bobby was being taken care of.

Chutkow shows another text: Bobby: they know you're holding that contract right?

Chutkow runs through more. Asks, why is a mayor of a major metropolitan city talking about contract prices? Because he was going to share in the proceeds.

Why would the DWSD director tell a subordinate to write a letter saying a contract wasn't needed. Because Mercado needed a cover, and after the memo was written Mercado came out and took the "advice" in the subordinates memo.

And that Rec department official who spoke up when bobby was double dipping on Patton Park and Heilman, what did she get? She got berated while her boss just sat by and let Bobby do it.

Chutkow says when Ferguson wanted a piece of the sinkhole project he sent a text to the Mayor saying we need to meet on how I move in.

Says if Soave was such a big shot, not intimidated, why did he dump his friend. Because the Mayor told him to. When Bobby was causing trouble on the job why didn't he just dump Bobby.

And let's talk about Kathleen McCann, who got a text from Bobby saying you act like Mercado made a decision ever.

Another contract and another text message where Bobby says you don't need to worry about the director. Worry about me. Says this company got it's DHB yanked, but then mysteriously got it back.

Human Rights. Kim Harris said his boss told him to yank a certification and the order came from the Mayor. What Mr. Evelyn didn't tell you about was the back story. That the Mayor called a meeting a told Mercado to write that letter Evelyn showed you.

Chutkow now talks about Bobby talking about strategically losing a major bid. Says the only one who'd do this was someone who wanted to hide his relationship with the Mayor.

Chutkow says Bobby's power even trumped family ties. Show the message where Ayanna Kilpatrick was complaining about getting booted out of work. Says by picking Bobby over his sister, he was really just looking out for his own personal interests.

Says when the defense says they were always honest about there friendship,that's not true. Shows a text where Kwame tells Bobby not to talk about friendship to a reporter just say he supports the Mayor.


The attorneys are in a sidebar with the judge. They are winding there way back to their seats now. I have no idea what they were talking about but Mike Rataj and Susan Van Dusen are having a bit of a conference. It doesn't look like Rataj was the focus of the sidebar but there has been speculation that yesterday's dust up with Fox 2's M.L. Elrick may have caught the Judge's attention.

Judge Edmunds turns the stage over to Mark Chutkow who says this case has always been about bribery and extortion, that what the defense has presented has been a smokescreen. He says Kwame and Bobby were out only for themselves, that they crushed the competition then laughed about it.

Chutkow shows more text messages he says show Bobby and Kwame mocking business people.

Chutkow says Evelyn made much about "mentoring" in his closing. But you heard Bobby say bobby made Lakeshore put E&T trucking on a contract, then bobby got mad because E&T wasn't paying him a fee, and told Bernard Parker to talk to his snitches to see if he could get E&T's DBB certification pulled. Chutkow says this was a company he was supposed to be mentoring, but instead, he kneecapped them.

Says Tony Soave stuck by Charlie Phillips even though Phillips got axed from the contract Bobby wanted. But now Phillips, with Soave's mentoring, runs a multi-million dollar company.

Chutkow says let's look at the real minority fronts in this case. Like putting Akuna Olumba on a Synagro trucker contract. Where are the boots on the ground as the defendants like to say.


The court room is humming.  Prosecutor Mark Chutkow is standing at the podium waiting for the judge.  Kwame Kilpatrick is quietly reading a book.  bobby is smiling, and chatting with his attorney Gerald Evelyn.

"All rise, court is in session."


 Good morning from the Theodore J. Levin Federal Court House on the last day the lawyers take the field and the first day the jurors start to deliberate ( if all goes according to plan.)

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


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