Live Blog: Kwame Kilpatrick Trial Day 9 - Fox 2 News Headlines

Live Blog: Kwame Kilpatrick Trial Day 9

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1:11  (this entry is for spelling)

Court is adjourned. No court Monday due to Columbus Day. That means we'll all be back on Tuesday.

M.L. Elrick will have a complete wrap up of the Proceedings tonight a 5 and 6pm. And don't miss his "Take Away" at MyFoxDetroit.com this evening.

1:08

Court is adjourned. No court Monday due to Columbus Day.  That means we'll all be back on Tuesday.

M.L. Elrick will have a complete wrap up of the Proceedings tonight a 5 and 6pm.  And don't miss his "Take Away"  at MyFoxDetroit.com this beveling. 

1:05

Gotoff says he'd get fired pretty quick if he distributed information like this to the public.

Thomas up again.  Gotoff admits he doesn't know what Kilpatrick did with the survey. 

Thomas says survey was showed to other candidates to promote unity and would Gotoff believe there's a possibility that could soccer.  Gotoff say he doesn't foreclose upon that possibility.

Judge says Gotoff is excused to go back to New York where, the judges says, "you'll probably root for the Yankees.

1:02

Chutkow now asking about showing ads to focus groups and what the intent was.  Gotoff says it was to help the campaign refine it's message so he could get elected.  Gotoff says no he didn't share this with his opponents.

Gotoff say he hasn't seen the Civic Funds Articles before today.  Gotoff says it would have been unusual to hand out this info to the public because it's proprietary info for candidates.

12:59

Thomas is done.  Chutkow is up.  asking Gotoff if he sees Kilpatrick for Mayor on the invoice, he does,  Gotoff says the Kilpatrick exploratory and campaign and Kilpatrick for Mayor were his clients.

Looking at the memo outlying the findings Chutkow wants to if the memo was meant for public as whole.  Gotoff says it was intended for the campaign.

12:54

Thomas asks if Gotoff did further work for Kilpatrick for Mayor and did he know that he was paid by the Kilpatrick for Mayor fund. Gotoff doesn't know if his company was paid by the fund.

Kwame is sitting slightly forward and hunched in his chair.  Paying very close attention.

Thomas wants to know if Gotoff knew if the information used for anything else. Gotoff says he doesn't.

12:50

Thomas is lecturing now about how the survey information fits with the articles of incorporations on for the civic fund.  Thomas says picking up garbage is important to people, crime is important to people.  When he's done the judge asks, "is there a question in there?"  Thomas say yes, would you agree?  Gotoff say yes.

12:47

Thomas now saying that there are other questions these questions serve beyond just helping Kwame became Mayor. Thomas wants to know if he can see if his poling info could be important to the Civic fund and Gotoff says yes.

Thomas better come up with some evidence that the Civic Fund actually did something with this survey or this argument is going to fall flat.  WE'll have to see what he comes up with when it's his turn to put on the defense.

12:42

Thomas keep trying to get Gotoff to say the survey was a general survey on issues and Gotoff keeps coming back to the  point that the survey was done specifically for the candidate.  Gotoff just did a survey for a Candidate and now he's getting grilled.

Thomas is now asking him about he articles of incorporation for he Civic Fund.  The Judge already pointed out the guy's not an expert on the tax code or the business.

12:39

Thomas asks if the survey was about a broad range off candidates and Gotoff says no it's was specifically centered around Kilpatrick.

Thomas snorts and says, : Well, Sir!"  now Thomas is asking Gotoff if he knew other candidates were running. Gotoff say yeah, it's syntax, but yeah the survey asked about other people. 

12:36

Thomas says this is something to find out what's important to people's lives.  Gotoff says "in the context of the next Mayor'"  Thomas says. " so we're back to context of the  next Mayor." Thomas asks if Gotoff has done work for 501 c-4's and if they've done work saying if you don't like an issue call a candidate.  Gotoff says his company has probably done work like that and ben paid by the 501 c-4.

12:32

Thomas now asking about specific topics like tearing down abandoned buildings, cleaning up parks.  Gotoff says the survey was aimed to help the campaign in it's exploratory stages.

Thomas wants to know if polling relates to issues important in people's lives.  Gotoff says it's a little different because the survey is trying to find out how the questions relate to the next Mayor. 

Thomas says this is not a document to be submitted to people say vote for Kwame Kilpatrick but to find out what's important to voters

12:28

Thomas asks Gotoff to read list of issues on survey, economic development, crime, Education and youth programs, jobs.  Gotoff says this asks voters what they want the next mayor to do.

Thomas show a page of questions and asks if this is not specific to Kwame Kilpatrick.   Gotoff says no there's only one questions about Kwame Kilpatrick.

12:26

Thomas showing the survey again.  The survey was done before Kilpatrick entered the race. Thomas is asking if Gotoff wanted to find out what issues were important to voters.  Gotoff says yes.  Thomas wants to know if the survey tried to find out if voters thought Detroit was going in the right direction.  Thomas want to know if the issues are asking if the survey is asking about issues or talking about whether to vote for a candidate.

12:24

Thomas ask what is the focus group guide.  Gotoff say it's to help guide the person leading the focus group discussion.

12:22

Thomas now cross examining. Gotoff say his company was hired in April of 2001.  Gotoff says at the point Kwame had not become a formal candidate.  Thomas asks if he did work on issues, Gotoff says he focused on issues.

12:05

Now looking at an invoice for the focus groups sent to Kilpatrick for Mayor, now showing check from Civic Fund to pay that invoice and it's signed by Beatty and Kilpatrick.  Gotoff doesn't know what the Civic Fund is.  Says he didn't do any polling or analysis about helping city youth, no general issue advocacy.  Gotoff says it's all candidate specific.

WE're taking a 5 minute break.

12:04

Gotoff now telling what the did in the focus group, talked about the candidates for about an hour, showed participants ads, and a wrap up asking what stood out most.

12:03

Survey found that voters had some questions about Kilpatrick being so young but that it wasn't something that would derail the campaign.

12:00

Says this survey was just for Kilpatrick.  Gotoff now looking at an invoice for the focus groups, payment for those groups, and a memo of the findings.  The top of the memo is to< Kwame Kilpatrick for Mayor Team, Subject:key focus group findings.

11:58

Gotoff says they focused on Kwame Kilpatrick.  Talked about the race for Mayor, tested reactions to direct mail, ads, to see how group responded.

11:56

Gotoff says the company also did focus groups. 10-12 people spent 2 hours or so talking about opinions.  BASicly they took likely voters into a room and asked them questions and let them discuss the campaign.

11:54

SEcond invoice for balance owed on the survey work also went to Kilpatrick Campaign and got a check from the Civic Fund signed by Beatty and Kilpatrick.  The memo line on the check says, "for poll."

11:51

Gotoff says he sent an invoice to Kilpatrick for Mayor CAmpaign attention Bob Berg.  SAys he got a check from the Kilpatrick civic fund for the amount of the invoice one day after the invoice was sent.  It's signed by Christine Beatty and Kwame Kilpatrick.

11:48

Gotoff says the report was delivered to Kwame Kilpatrick a few days before the primaries. 

11:45

Next question on the survey is whether a series of questions would raise doubts in the mind of voters.  example is whether Kilpatrick is a political insider?  numbers came in showing this one raised doubts.  Survey revealed information about campaign and was then relayed to campaign.  Gotoff says he prepared a report based on the analysis and delivered it to the Kilpatrick for Mayor CAmpaign.

11:40

Government admitting one of the survey's as evidence.  The question they're looking at asks are the following statements about Kilpatrick are true.  Will Kilpatrick make crime a priority.  Gotoff says the voters like the crime question.  Gotoff says they used the information to make recommendations to the candidate about what voters liked.

11:37

Gotoff explains it's hard to get 500 people for a survey that lasts 20 minutes.  SAys the phone survey asked voters who they'd vote for and also gave the voters information to see how that information would affect the voters decision making.

11:35

Well, Thomas got a lot of testimony out of lead Agent Beeckman that money from the Civic Fund could not be used for a specific candidate, that it could only be used for issues, this  guy from the research company seems to be a pretty big deal.  He did work for the candidate but got paid by the Civic Fund.

11:33

Did REsearch for Kilpatrick for Mayor campaign.  Hired by Bob Berg, Kwame's campaign manager at the time.  They're looking at source of checks that paid for the survey's.  Kilpatrick Civic Fund paid.

11:29

Daniel Gotoff is on the stand.  he now works in D.C. and manages a databases for public opinion research.  Hired by campaigns to conduct surveys on a range of issues, by phone or with focus groups.  Does works for political campaign.  Worked for the company in Lake schnell and PErry in2001.  Same company but changed names to Lake Research later.

11:24

Thomas is now asking if the fund can spend money on issues and not a specific candidate and Beeckman agrees.

Chutkow now up and asking if Fund was still regulated by IRS rules and that you can't take money from fund and give it to a candidate.  Beeckman say yes.  Time for a new witness.

 

11:23

Thomas want to know if Beeckman knows that amended articles were filed jUly of 2001.  Beeckman say he doesn't have the date memorized.

11;20

Chutkow, sorry, fingers and brain not connected for a second, this is prosecution redirect.  asking if Kwame was president of the fund during the debate, Beeckman says yes. 

11:17

Thomas is done, really this time.  Naughton is now up. ASking if Beeckman remembers Kwame saying he didn't spend a penny on his political campaign.  Beeckman says yes.

11:15

Thomas asks if Beeckman was aware that Kwame made payments to the fund.  Beeckman says he was aware that some cash was paid back.

11:13

Thomas is now zooming into the date on the back of the check and asking We don't have any evidence of cash going to Emma Bell.  Beeckman says, "not in terms of the back records."

Thomas is done.  nope, Thomas is back.  Bank records were pretty shoddy in 2003.  Beeckman, at that bank yes.

11:10

Thomas now showing  a $42,000 cashier's check Bell got for herself.  Beeckman say he doesn't know what happened to that money.  Now Thomas is asking about Cash Transaction Reports and if Beeckman knows of any bank record that Bell got cash that day. Beeckman says they don't know.

11:08

Beeckman answers no to THomas' question asking if the government knows for sure what happened to all the money from the check.

11:05

Thomas is now looking for the next piece of evidence he wants to talk about.  The found it.  It's the 100 grand check to Emma Bell.  Thomas is now standing away from the mic so it's hard to hear  him.  it sounds like he's asking if Beeckman didn't know when Bell got it.

11:03

Thomas asks if Beeckman was at Mayor's office when Kwame was the Mayor.  Thomas asks this doesn't say come see me and there's nothing about money.  Beeckman say, "correct."

These are the text message Beeckman Subpoenaed from SkyTel.  THe print-out show the date and the body of the text.  They're text messages, they're short.

11:00

Kwame KIlpatrick's name is not on the new Articles.  Thomas is now asking about the text messages.  Tamara Bradley, admin staffer, sent a text saying Emma Bell.  Thomas asks if the message says meet me privately, no, come see me in the barber chair, no.  The text says come to Chris' office.  Beeckman explains that Beatty's office is not connected to the Mayor's office.

10:58

Thomas is reading off the names of the people who signed the document and asking Beeckman if he sees the signatures.

10:56

Thomas is introducing three new amendments to the Articles of Incorporation for the Kilpatrick Civic Fund.

10:55

WE're back underway.  FBI AGent Beeckman is still on the stand.  He's a lawyer, the lead investigator on he case, and has an English Degree from MSU.

10:37

The Judge is calling for a break now.  20 minutes.  I'm going to run upstairs now and see If I can catch M.L. and find out what he's seen as he's been sitting inside the court room.

10:35

Beeckman agrees that the officers have changed and Ayanna Kilpatrick is now the President.  This is the filing from 2002.  Kwame is not on it.

10:32

Thomas now introducing new paperwork as evidence.  These are the amended Articles of Incorporation.  Beeckman's says he doesn't remember seeing them that he's seen a lot of paper.  These are from 2001.  The resident agent is William Phillips the attorney representing the civic fund.

10:31

Beeckman say he doesn't remember seeing the Amended Articles of Incorporation.

10:28

Thomas asks if Beeckman knows that the Articles of Incorporation were amended.  Beeckman says no.

Thomas is now asking if there's a distinction between mentioning a candidates name in literature and telling people to vote for a candidate.

10:27

Thomas asks if the ARticels of Incorp were in effect when the debate was broadcast.  Beeckman says yes.  Thomas now asking if  he knew if the management of the Civic fund was relegated to the lawyers and Christine Beatty.  yes.

10:25

Beeckman reading from 501 C-4 application,  they're referring to publications by the Fund, the articles say  nothing has been published yet but they plan to in the future.

10;23

Thomas now questioning Beeckman about appropriate uses of Fund, like getting out the vote, talking about issues.  Beeckman is agreeing on all points.  Thomas is establishing all the proper uses of the Fund.

10:20

Thomas asks if Beeckman is a lawyer, answer is yes.  Asks if Beeckman is an expert on 501 C-4, no.  Asks if Beeckman understand 501 c-4 can participate in political issue as long as it's not for a specific candidate, yes.

10:18

Thomas asking about 501C-4 corporations.  Asks if Beeckman knows the application was approved. The documents are from 1998, are signed by Christine Beatty, and list Kwame as contact for Fund.

10:12

Cross exam by Bernard Kilpatrick's lawyer, asking Beeckman about how he got text messages and when a particular Pin number stopped being associated with City of Detroit.  Beeckman gives him the date.  Not Thomas is taking over and talking about the incorporation papers.  ASking about CPA Greg Tyrell, and Eric Rayford on board of directors.  Beeckman says he never met Rayford, that he's aware that RAyford was a Federal BAnk Examiner.

10:10

Asked now about keeping donators to Civic Fund a secret.  SAys they filed all the paperwork, followed all the rules, and just to be safe sent paperwork to Attorney General and Sec of State and hasn't used one penny for political activities and that it's a board decision to respect the privacy of the donors.  THis is from the tape.

10:09

Kwame asked if he's done anything that would make  him drop out of race.  Says he hasn't done anything illegal since he was born.  Says we need to come together right now.

10:08

They're  now playing intro of show, introducing candidates for Mayor.

10:05

playing tape now of debate.  Jury can't hear it.  working on sound now.  Judge jokes it's definitely low tech.  Got lawyers trying to figure out where to plug stuff in.  They got it.

10:02

Now talking about a debate between Gill Hill and Kwame, Cd's subpoenaed from channel 7.

10:00

Beeckman now reading signatures, Kwame, Derrick mIller Christine Beatty, Ayanna Kilpatrick, Eric Rayford.  Beeckman says Miller was a staffer for Kilpatrick's legislative office.  signed by Kwame Kilpatrick.

9:57

Beeckman now reading articles of incorporation for Civic Fund.   Includes, activities to improve the lives of the citizens of Detroit, benefit the community at large, act for charitable purposes.

The corporation will not participate in political activities.

9:55

Now looking at IRS paperwork received from the Civic Fund. Admitted into Evidence.  Beeckman reads signature, Kwame Kilpatrick June 1999.

9:51

Another text saying Emma is here.  They're now changing topics to the civic Fund, 501 C-4, Beeckman says it was set up as a social welfare agency that doesn't have to pay taxes and raises money by soliciting donations.

9:50

Beeckman looking at a text message now, from DeDan Milton that says Emma wanted to stop in later for at 5-10 minutes max.  It was sent the same day Emma Bell cashed her $100,000 check.

9:47

Now they're showing a check made out to Emma Bell from the Kilpatrick for Mayor Fund for $100.000.  Beeckman reads the signatures...Gregory Bell and Christine Beatty.  Beeckman says Bell was the CPA for the Fund. 

9:42

Prosecutor Chutkow is doing the questioning.  Beckman is now talking about the evidence envelopes and the CD's SkyTell sent.  Chutkow handed him the wrong envelope, now they're searching around the desk for the correct one.  Found it.

9:41

Beckman is testifying about how he got text messages from SkyTell.

9:38

FBI Agent Beckman on stand, that's phonetic spelling.  He's talking about getting search warrants for Michael Tardiff, Beatty, the Mayor, etc.  Says he sent a subpoena to SkyTell to get pin numbers.  Bernard Kilpatrick also included.

9:35

Prosecution again, would was talked about in meetings, "no."  Burris is excused.

9:34

Thomas up again asking about if she'd be surprised that she never told Burris about going to Mayor.  Burris says Bell did tell her she was going to see Mayor.  says bell never talked about her money or told her about kicking back money to mayor.

9:33

Evelyn asking if working with BEll was her only source of income. Burris says yes.  Says when they went to casino she would gamble, too.

9:31

Thomas asking bout Burris  having dinner with Bell yesterday.  Burris says she did not talk to Bell about testifying today.  Burris says no one talked to her about her testimony today.  Gerald Evelyn is up now.

9:28

Burris says she wasn't aware of how many hours Bell spent in Casino.  Says she's not sure if Bell spent 8 or more hours at a time in the casino.  Thomas asks if Bell ever showed lapses of memory because of her drinking.  Burris says, "she never did around me."

9:27

Burris says she got paid with cashiers checks and not with a check  from Bell's account.

9:26

Burris says Bell never told her if Bell was depositing cash or checks in bank.  Thomas says "but your said cash."  Burris says, "you're the one who brought up cash."

9:23

Thomas is asking if Burris took Bell to the Casino twice a week.  Was  not aware if Bell had gone more often. Burris says she doesn't know how many times a week Bell went to the Casino.  Didn't see Bell with large amounts of cash.  If Bell was hoarding checks under her bed Burris says Bell never said anything about them.

9:20

Thomas asks how many times Bell told her Bell was meeting the Mayor. Burris says several.  Burris says she worked the Inaugural but doesn't know who was running the show, there were lots of people there.  She saw Christine Beatty there and Derrick Miller there.

9:19

Thomas asks if Burris got the idea that BEatty was running the show at the fund raisers and Burris says she didn't know.

9:17

Thomas asks if she knew who Bell gave the donation checks to and Burris says she didn't know. Thomas asks if it was Christine Beatty and Burris says she doesn't know who got the checks.

9:15

Thomas is asking about parties for the Civic Fund and if she worked those parties.  Burris says yes.  but says she didn't know Bell's financial arrangements.

9:13

Short line of questioning by Doeh.  Thomas is now cross examining.  Asking if Burris is a close friend of Bell, says she talked to Bell yesterday but not about the case.

9:12

Burris says she worked the door at fund raisers, collected donation checks, and  helped copy the checks.  Says she helped Bell with mailings and took mail to the Post Office.  Says she saw checks that came in through the mail.

9:10

Prosecutor Eric Doeh is doing the questioning.  He's asking Burris about the trips she made with Bell to visit the Mayor.  She says she made more than 20 trips.

9:08

Burris says she drove Bell to the bank after fund raisers.  More than ten times, weekly.

9:06

Burris (I've been spelling it wrong, this is correct) is now explaining how she knew Emma Bell and what type of work she did.

9:04

Angela Buress is on the stand this morning.  She's the friend and Secretary for Emma Bell.  Buress drove Bell to  her appointments with Kwame Kilpatrick where Bell said she gave Kilpatrick kickbacks from his Civic Fund.

9:01

"All Rise." The court is in session and everyone is standing waiting for the Jury.  Jim Thomas just asked if the Judge is going to the game Saturday and she said yes she's going both Saturday and Sunday.

8:58

Because the court room is so crowded the witness stand has been moved to the center of the room.  Usually it's next to the Judge's bench but in this case it's directly in front of the Judge.  That means Judge Edmunds is looking at the back of the witness's head during testimony.  I  heard her tell one witness that she has a TV monitor on the bench so she can see.  So the Judge is watching the trial on Television as well.

8:53

The overflow room is open and ready for business.  We have live pictures coming from the 8th Floor court room where Kwame Kilpatrick and friends are on trial.  The Defense attorneys are all at the defense table.  The prosecutors are standing behind their table on the other side of the room, talking.  Kwame Kilpatrick is sitting taking notes and Bobby Ferguson is having an animated discussion with his attorney Gerald Evelyn.  Bernard Kilpatrick is sitting quietly with his attorney and Victor Mercado is not in the court room yet.

8:37 am

Good Morning from the Theodore Levin Federal Court House, on this lovely Friday morning!-

Ken Martinek is Senior Producer-Investigations 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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