Lawyers have approached the bench. Looks like a football huddle.
Trying to figure out if they're done for day.
They are back on Thursday. Day off for Yom Kippur.
Evelyn asks Fountain if he said he wanted to kick Ferguson's ass. Fountain says yes to get him to clean up the mess.
No Grudge against Ferguson.
Evelyn now showing Fountain a piece of evidence. Questioning again about whether Martin of Ferguson did the threatening.
Fountain finished testifying
Bullotta on redirect. Bullota is asking questions aimed at clearing up who threatened Fountain. "you've maintained a all along it was Ferguson." Fountain says yes.
Evelyn asks "You never went to this cat and said why did you let this happen."
He's asking Fountain about Officer Martin standing by and letting Ferguson threaten his family.
Evelyn is now hammering again on the discrepancy in the initial FBI report between whether Martin of Ferguson threatened him. The Judge is prodding along again.
Evelyn finished, Bulotta is up again.
Evelyn getting prodded by Judge to move it along. Judge wants Evelyn to cut out the commentary.
Evelyn is calming down a little now, he can get a little worked up.
Evelyn no taking Fountain to task for not doing a good enough job.
Evelyn says the tickets went away because there was no dumping and then asks Fountain, 'You never saw it happen did you?" (talking about the illegal dumping) Fountain says yes he did.
Evelyn is now grilling Fountain about the date he issued the tickets, which was 9/11, the day the towers fell.
Evelyn sound aghast that Fountain can't remember exactly what he did that day, whether he was on "alert" like all the other officers or just out writing tickets.
Evelyn is not being nice.
Defense attorney Gerald Evelyn now Cross Examining. Fountain clarifies that Ferguson threatened him and the two officers were with him.
Evelyn wants to know why Fountain didn't ask Officer Martin why he let Ferguson make threats.
Evelyn points out Fountain knew Martin from Martin's training days. Fountain was his training officer. Fountain says he didn't ask Martin.
Evelyn is grilling Fountain, he's loud, he's peppering Fountain with rapid fire questions. Barely giving him time to answer.
Fountain says the FBI came to says the FBI came to see him about the tickets.
Up until now Prosecutors have been following the money. Now they're looking at power, and the possible mis-use of power.
Fountain basically testified that Officers connected to the Mayor strong armed him into letting Ferguson off the hook. And threatened to put his family in danger to drive the point home
Fountain says he lied to the Judge handing the Ferguson ticket case, that it was his fault, it was actually city property. The judge tossed the case.
Officer Fountain is a 27 year veteran of the Detroit Police force and is now assigned to Communications as a Dispatcher.
Fountain says Ferguson was angry about getting the tickets and that Ferguson asked Fountain, "do you now who I am?" Fountain says Ferguson wasn't going to clean up the mess because it wasn't his property.
Fountain says the conversation got loud. He also says Ferguson was wearing a Kwame for Mayor campaign button in court as he was fighting his tickets.
This nuisance ticket story was big news back in 2001 because Ferguson had just been given the job to clean up illegally dumped trash in the city.
It was also interesting that it looked like Mayor Kilpatrick was just going to make the tickets go away.
Fountain is now testifying that another Detroit Police Officer, Mike Martin, told him it would be in Fountain's best interest to cancel the tickets.
He says Martin and Ferguson talked about his wife and children and it would behoove Fountain to cancel the tickets.
Officer Martin was on Kilpatrick's security detail. On that day he and another officer were flanking Ferguson.
Fountain says he cancelled the tickets out of fear for his family. Says he didn't take it any further because, "it was bigger than me."
Environmental Officer Fountain testifying about litter, vehicles that don't run, and that this is a rat harborage.
Kilpatrick is leaning back in his chair with his hands folded in his lap, attentive.
Bulotta is showing Fountain about the tickets that Fountain gave to Ferguson for environmental violations.
Prosecutor Bulotta is now questioning a new witness. Detroit Police officer Mike Fountain.
Bulotta asks where he was in 2001. Fountain says he was an environmental officer. Says he investigated complaints about trash and uncut grass.
Stuff that made neighborhoods look bad and cause rat problems. Says this was when he met Bobbie Ferguson.
Bulotta is now asking Clift about being the cash courier between Ferguson and Kilpatrick.
Bulotta wants to know if Clift ever wondered why Ferguson didn't just give Kilpatrick the money himself. Clift says he just didn't ask questions.
Thomas is back questioning Clift. Asks whose idea it was to ask for immunity. Clift says it was his Mom.
Thomas is now going over all Clifts answers when he said he couldn't recall details. It looks like Thomas wants the jury to be sure to remember that this witness can't remember much.
Rataj is now back and pounding his finger on the table asking "is it not true that have not one shred of evidence that your were in Detroit" to deliver Money. Clift says that true.
Questioning over for Clift, judge has excused him.
Mike Bulotta now is asking why Clift testified. Clift says all the government told him to do was tell the truth.
Clift says his Mom is a lawyer, but not a criminal lawyer. She wanted the agreement.
Bulotta is now asking Clift about "looking like the Michelin Man" when traveling with all that cash. Clift says it was before the baggy shorts era, it as the skinny era.
Bulotta is now reading from the grand jury transcript.
The Prosecution just objected to a question by Thomas. They had a side-bar and the lawyers approached the judge's, worked out the objection, and are now back.
Thomas asks Clift if he thought flying around with lots of money was illegal.
Clift says he wasn't sure if it was or not
Thomas is now back on the immunity agreement Clift signed.
He wants to know why the initial meeting Clift had with investigators was suddenly interrupted. Thomas is paying particular attention to the timing of the meeting. Clift says he called his Mom during the break and she told him to ask for an immunity agreement.
Thomas keeps pressing Clift to see if he was afraid that transporting money was crime and if that's why he wanted the immunity agreement. Clift says he didn't ask for the agreement, his Mom did.
Thomas is done
This bracelet purchase was way back in 2004 and Thomas is now asking Clift about the $6,000 balance. Thomas asks Clift he thought Kilpatrick was having trouble coming up with money.
Thomas wants to know why Clift referred to Prosecutor Mike Bulotta by his first name. Thomas asks if Clift is on a first name basis with the Prosecutor. Clift says no, he just didn't want to mis-pronounce Bulotta's name.
Jim Thomas is now asking Clift about a delivery he made just before Kilpatrick went to jail. Clift agrees it was before Kilpatrick went to jail but doesn't recall if it was a day, before, two days before, or when.
Now Thomas is quizzing Clift about the apartment Kilpatrick was living in at the timed. Clift is not an architectural student, he can't remember what the roof looked like or details about the apartment.
Now Thomas is asking Clift about a bracelet Kilpatrick bought for his wife Clift can't remember if the family bought it for him or if Kilpatrick bought it. Clift says bracelet was purchased on the installment plan. It took so long that Clift's "connection" who supplied the bracelet was worried about getting paid.
Defense attorney Jim Thomas is now questioning Clift. Clift says he never saw Ferguson give money to Kilpatrick.
Thomas is questioning Clift about possibly being involved with drug dealers when he sold jewelry. Clift says he didn't know if he had clients who were drug dealers and that except for clients like R-Kelly or football players he didn't really know what his clients did for a living.
M.L. stopped in during the break and told me Clift use to hang around with the Florida A&M football players, when Kilpatrick was on the team, and cut their hair.
Still on Break. The court room is fairly large as far as court rooms go, but it's packed. The defense table is "L" shaped and wraps around from the center aisle along the side wall right up to the Judges bench. There are 11 chairs for lawyers and defendants. The table is piled with papers.
I'm sitting in the over-flow room on the first floor of the court house. It's also a court room. Reporters, bloggers, and the lone TV Producer, are watching the trial on a big screen TV and a bigger projector screen..
The Judge is back on the bench. Break is over.
Taking a break now, about 20 minutes. Should be back about 10:45.
Rataj is questioning Clift's memory on when he traveled, where he stayed, if he call recall when he picked up and delivered money. Clift has testified that he wasn't sure about exact times,
Rataj is now questioning Clift about trip he took to Dallas in 2008 and conversations Clift had with a Special Agent that was investigating the case.
Rataj questioning Clift about where he stored the money. Clift say he thinks he stored the money in a vacuum cleaner.
Now Rataj wants to know where he kept the money when Clift was visiting Kilpatrick in Texas. Clift answers he had it "tucked away."
Rataj now wants to know if Clift asked Kilpatrick for a cut since he flew all the way to Texas. Clift say no. Earlier Clift says he paid for his own trips because he had relatives nearby.
Kilpatrick is sitting quietly next to his defense attorney Jim Thomas, occasionally taking notes, with little expression.
Rataj is now asking about Clift being in Texas for 2 days before giving Kilpatrick the money, 50 thousand dollars, that Clift says was all he could take because that's all that would fit in his pants.
Rataj wants to know how Clift got all that money to Chicago. "Did you have money sticking out of your pockets."
Now they're talking about the bulges in Clifts pockets. He talks about how he got through airport security with all that cash. Nine stacks of bills totaling 90-thousand dollars. Got through security with no problem.
Defense Attorney Mike Rataj is now cross examining Clift who worked for a jeweler that Clift says gave him cash to take to Kilpatrick. Rataj is hammering Clift about having an immunity agreement before testifying.
Clift says the Feds called him on the phone because they didn't want to scare him with agents at his door. Clift also then testified that the agents arranged to get him his subpoena for the grand jury. Rataj is now taking Clift through his Grand Jury Testimony.
Clift says he's known Kwame for more than 20 years. Rataj is now questioning Clift about a trip he made to Detroit to meet Ferguson. Clift stayed at the Athenaeum Hotel.
Rataj is now questioning Clift about what name Ferguson used to refer to the Mayor. Rataj wants to know if he used the name "Black" or if Ferguson referred to him as "the Mayor."
Clift says Ferguson Brought 90-grand in cash, in a shopping bag, to the hotel for Clift to hold. Rataj asks if Ferguson ever told Clift what to do with the cash and Clift says Ferguson didn't not tell him what to do with it. Just hold it.
The Trial got underway about 8:55am this morning with a side-bar hearing. Defense attorney James Thomas questioned a man who worked at a high end jewelry story that caters to rich rappers and musicians.
Thomas wanted to know why the man signed an immunity agreement before testifying and did he think he committed any crimes. The man said he did not do anything illegal but wanted the government's assurance that he was not a target.
The same witness is now being questioned by Mike Bullotta, for the prosecution, about trips the man took to deliver cash to Kwame Kilpatrick. He talked about getting 90-thousand from co-defendant Bobby Ferguson and took 50 grand to Kilpatrick.
Ken Martinek is a Senior Producer in the Investigation for WJBK-TV Fox 2 News Detroit. He will be writing live updates from the courthouse through the duration of the Kilpatrick corruption trial.
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