Live Blog: Kwame Kilpatrick Trial Day 67

Live Blog: Kwame Kilpatrick Trial Day 67

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 -

The session is over for the day.  M.L. Elrick will have the highlights on Fox 2 News tonight.  Plus his unique take from his view inside the court room, and his long relationship with the former Mayor, on MyFoxDetroit.com.  I'll be back in court on Friday, see you all then.

10:41

"All rise." Court is in session. Judge Edmunds asks if there are any other matters before she brings the jury back. No. she calls for the jury.

Kwame is standing at the back of the defense table, hands in pockets. Today he's wearing a dark sweater, white shirt and tie. His usually flashy suits are in the closet.

Jim Thomas says the defense rests. Chutkow says the government has no rebuttal.

Judge Edmunds addresses the jury. Ladies and Gentleman, it has been a long case.

Says she'll give them jury instructions and instructions about the law on Monday morning.

Judge Edmunds says they will be working full days starting on Monday. Reminds them again not to watch TV or read about the case. Wishes them a good few days and says she'll see them Monday morning.

"All rise for the Jury." And they file out.

Judge Edmunds says the next time we'll be in court on the record is Friday at 10:00am for ruling on motions for acquittal and to iron out jury instructions.

10:17

Judge Edmunds calls for a break

10:16

Judge Edmund asks the defense if there are any other witnesses. No. We're done with testimony. She now asks the lawyers to read into evidence the stipulations.

Thomas says for the years 2003 -2008 the government and defense have stipulated to the balance of the Civic Fund for those years. Also, for a Rutherford exhibit that's being withdrawn, for a 34,000 check, is not a check that went to his PAC.

John Shea comes up, says during Synagro chapter an exhibit is being withdrawn. Says two Cobo exhibits introduced will be marked as defense exhibits. Says a phone call between Kwame and Bernard mentioning Ferris State and Big Rapids and he's offering two exhibits, which are Google and map quest maps that show the distance between Grand Rapids and Big Rapids and Ann Arbor and Flint, as Shea brought up in testimony, are nearly identical.

Rataj up now. Says he's entering a document about a Club Rain Civil Judgment Bobby filed against the club for work he says they didn't pay him for.

Judge Edmunds says the documents will be admitted. Rataj asks if he can add several more documents, Judge says yes, Thomas says we should add the conforming documents. Judge Edmunds agrees.

Judge Edmunds tells the jury she needs to take up another matter with counsel outside their presence, gives them a break. The jury files out.

10:11

Judge Edmund asks the defense if there are any other witnesses. No. We're done with testimony. She now asks the lawyers to read into evidence the stipulations.

Thomas says for the years 2003 -2008 the government and defense have stipulated to the balance of the Civic Fund for those years. Also, for a Rutherford exhibit that's being withdrawn, for a 34,000 check, is not a check that went to his PAC.

John Shea comes up, says during Synagro chapter an exhibit is being withdrawn. Says two Cobo exhibits introduced will be marked as defense exhibits. Says a phone call between Kwame and Bernard mentioning Ferris State and Big Rapids and he's offering two exhibits, which are Google and map quest maps that show the distance between Grand Rapids and Big Rapids and Ann Arbor and Flint, as Shea brought up in testimony, are nearly identical.

Rataj up now. Says he's entering a document about a Club Rain Civil Judgment Bobby filed against the club for work he says they didn't pay him for.

Judge Edmunds says the documents will be admitted. Rataj asks if he can add several more documents, Judge says yes, Thomas says we should add the conforming documents. Judge Edmunds agrees.

Judge Edmunds tells the jury she needs to take up another matter with counsel outside their presence, gives them a break. The jury files out.

10:01

The next witness steps into the court room and sits in the first bench behind the rail separating the gallery from the attorneys. "All Rise." Break is over and Judge Edmunds calls for the jury. Evelyn sat with the witness for a few seconds conferring before entering the arena.

Judge Edmunds swears in the witness. This is Steven M. Zervas, he's an insurance guy, sells insurance to construction businesses. Says he worked with Bobby's Dad. Says they supplied workers comp and others. Bonding as well. Says Bonding is a financial guarantee and not insurance. Says if the job isn't completed or workers are not paid then the bonding company has to step in. Says qualifying for bonding is like getting credit, has to apply, prove he's done jobs of the type the bond is for, and show a solid pay record, and that he completes work.

Evelyn asks about time period between 2002 and 2008. Zervas says Bobby paid for $3,668,472 in various types of insurance, and bond premiums of $309,689 in bond during that time. Says Bobby was only turned down for a bond at the very end, not a financial factor.

Evelyn asks if liens are filed on bonds. Schneider says not one lien was filed against Bobby. Says with the millions of dollars or work, that not one call or complaint, that's special.

Schneider says for Xcel $230,921 in insurance premiums. Bonding was more that $74,272.

A juror asks about the types of insurance. Schneider says Bobby held, general liability, property, equipment, umbrella liability, pollution liability, plus auto insurance.

9:39

Evelyn asks the judge for permission to see if his last witness has arrived. Comes back and asks if he can approach the bench.

Judge Edmunds says we'll take a 5 minute break before we do this next witness.

9:37

Evelyn is showing Schneider an invoice, totaling more than $2 million. This is from December or 2006.

Evelyn asks if he heard of Motor City Make-over. Asks if he was ever asked for the loan of equipment. Schneider says they "demonstrated" equipment for his company, (loaned) to clean up the city.

Evelyn asks why Ferguson's company. He asked. Says it was a worthy cause. The City is also a customer and Bobby even supplied the transportation, he picked it up.

Evelyn is showing him another document now. Photos of the equipment. Schneider says these are excavators and loaders that cost 40,000 or 50,000 each.

Evelyn shows him a Volvo front loader.

Now questions from the prosecutor so Schneider steps down.

9:32

Bobby Ferguson's attorney Gerald Evelyn is back, he's talking to Mark Chutkow at the prosecutor's table. He turns and asks Bobby for a document. Then waives Mr. Snyder his first witness to the stand. Robert G. Schneider the second, says he works for Michigan CAT, the Caterpillar dealer for the state of Michigan. Says he met Bobby back in 1994 or 95.

Evelyn asks if Bobby bought equipment from his company. Yes, totaling in the millions. Evelyn shows him an invoice. Schneider is a neat gray haired white man in his 50's, with black designer glasses, wearing a dark blue sport coat and blue striped tie.

Says Bobby got his equipment repairs with his company, rented, and purchased equipment. Says he'd buy parts for repair, sometimes buy an attachment, like a hydraulic breaker for chopping up concrete.

Says the right attachment or right tool would improve productivity and give a company an advantage on jobs.

9:22

Judge Edmunds says 5 months to the day that potential jurors first stepped into the court room and expects this to be the last day of testimony. She tells the jury that Gary Leeman will not be able to testify because of a health issue, that the government and defense have waived further questioning.

The Judge is now asking if the defense team has pictures of today's witnesses. We're waiting for Gerald Evelyn to return to the room to cal his first witness.

9:18

"All rise." Court is in session

9:04

The picture is up in the overflow room and Judge Nancy Edmunds' court room on the 8th floor is filling up. Kwame and Bernard strolled through the first floor lobby this morning. Jim Thomas stopped to talk to reporters before heading up with his cup of coffee. It's a pretty relaxed crew this morning.

8:37

Good morning from the Theodore Levin Federal Court House on what just might be the last day of testimony in the Kilpatrick Inc. Public Corruption Trial.

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

 

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