Live Blog: Kwame Kilpatrick Trial Day 10 - Fox 2 News Headlines

Live Blog: Kwame Kilpatrick Trial Day 10

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Land is excused.  Court is adjourned.

We'll all be back  tomorrow morning.  M.L. Elrick will have a complete wrap of the trial's highlights tonight at 5pm.


Thomas wants to know if Gibson told Lang he swept Coleman young's office.  Lang says Gibson told him he was going to sweep Kwame's office.

Thomas wants to know if Gibson said he was going to use the equipment for training.  Land says no.

Thomas wants to know if Lang told Sauer the equipment was going to be sued for training.  Lang says yes.


Chutkow for prosecution back and asking if Lang was told the equipment was going to be used to train swat teams, Lang says no.


Lang now explaining that he sells to swat teams so that they can do a counter sweep before taking their masks off after a raid to make sure there are no cameras that have been planted by drug dealers.


Lang says he doesn't know if Warren Evans was chief at the time.  Thomas wants to know if it was Evans office. Lang says the nameplate on the desk said Evans.

Lang is pretty relaxed, has brought out a few chuckles.


Thomas wants to know if the equipment used in the counter surveillance op was the same equipment sold to Gibson.  Lang says some of it.

Thomas asks what building.

Lang says he doesn't know any buildings downtown but Lafeyette Coney Island.


Lang says he trained Gibson and what Gibson did with it after that he had no clue.


Thomas asking if anyone could buy this equipment.  Lang says yes.

Thomas say Gibson is officer Gibson. Thomas wants to know if Lang told the FBI the equipment was purchased for training purposes.  Lang says  yes.


Says he wasn't sure which building he searched but there was statue of Coleman Young.  Says he sold Gibson the equipment after the threat assessment.

Thomas back up to cross.


Lang says Gibson gave him a check.  Trained Gibson to use the devices.  Lang says he has "no clue" what the Civic Fund is.

Lang says he got a phone call from Gibson and was asked to go to Chief Evans office to perform a search.  Lang says this was set up by Kwame's executive protection Unit.  Says they were driven to a building and told to search the rooms.  EPU unit member stayed to watch. 


Describing the device used to detect audio bugs.  It's a scanner tuned to the various bug frequencies and with headphones will let a person here what's coming from the bug.

Showing a check from the Civic Fund now signed by Beatty and Derrick Miller.

Lange doesn't know Beatty.


Lang is now showing a wireless camera that goes along with the spy detection equipment that can transmit up to 100 feet that is used to test the detection equipment.


Now he's explaining how the wireless camera hunter works.  It receives whatever spy signal is being sent from the room and shows the signal on a screen.  Land says if you see a picture of yourself on the screen there's a camera in the room.


Talking about the camera finder.  hold it up to your eye, push the button, look around the room, and when you point it at something red lights flash.


Lang now explaining what different kinds of "bugs" are out there and how one of the pieces of equipment purchased by the Civic Fund is used to detect them.


Looking at a list of stuff purchased by the Fund.  Wireless camera finder, UHF/VHF tester. Customer is Kilpatrick Civic Fund.  Spent $1397.  Hope they didn't use this stuff at the football games of the team sponsored by the Civic Fund.  All those parents  taking pictures of their kids would have had the alarm bells wailing.


Jury is back.  Judge asked a Juror is he/she was ok, got an affirmative.  Land from Spy Op's is back on the stand. LOoking at an invoice for Kilpatrick Civic Fund.


Judge admonishing court that media is not to talk to anyone in the court room.  Talking about an incident between the press and lawyers and court security.  Appears some court security person broke up a conversation and called it to the judge's attention.  I'll have to find out more.  I don't see any reporters in handcuffs.


This break is lasting a little longer than expected.  Several of the defense attorney's just came out of the Judge's chamber's. looks like we're back underway.


We're taking another break, about ten minutes.


Lang says Gibson told him they didn't know who they could trust.  Thomas objects, time out for attorney's to approach the bench.


Lang says most of his counter surveillance customers are corporate but that non-profits...can't remember any.

Says a guy named Robert Gibson came to his office to inquire about equipment.  Says Gibson told him it was important that his clients get the best stuff.  Says Gibson showed credentials that he worked for the city.  wanted gear to find spy equipment.  Says Gibson wanted it for the Mayor's office, the Chief's office, all the offices of the city.


Lang says the also sell counter surveillance equipment to detect spy stuff.


Brian Lang is now on the stand and works at Spy Op's Store.  Sells surveillance equipment.  They sell hidden cameras and surveillance cameras.  Recording equipment, do custom made stuff,  they take a look at environment and build a camera to get it in.


Bernard's Attorney  John Shea is up now asking if she wouldn't be surprised if the defenadants were sharing ecard info with others.  Paz says she knows they did. He's asking about Bernard's sign off message "Don't sweat the small stuff, it's all small stuff."

Paz says that's an automatic response attached to all messages and has nothing to do with the body of the message

She's excused.


Thomas now showing a string messages between the defendants and asking her if she can determine the inflection of the word "cool."  Paz says no.

Thomas asks if she's eliminated other texts from these parties and Paz says that's not true.

Paz she can search name and sort chronologically but can't determine if the parties texted anyone else.  Paz says they may have been testing other parties.

Paz says she reviewed the data and is sitting there under oath and is swearing to the jury that there were no other texts going on.


Thomas is asking about the word 'cool" as the response to a text from Bernard asking for a meeting.  Thomas is now saying "cool" in different ways and asking it it's tough to decide what "cool" means.  Thomas asks her if cool mean different things than yes and she says it can be temperature.  Thomas is moving on.


This is tedious and time consuming but the better the job done by the government the fewer opportunities the defense will have to poke holes in the messages.  It's telling that the defense didn't just stipulate that the massages are from the their clients.  It suggests that they'll put up a fight about the authenticity of the texts.  The defense has already tried to get the texts thrown out but lost that battle.


Now looking at a message from Malon Clift exchanging messages with Ferguson.  Clift tells Ferguson his blackberry number.

Pazcewicz say Clift stopped using his pager after he got his blackberry.

Now doing the same for Victor Mercado's blackberry and pager.


Looking at 2 more text messages from Kwame on another PIN with contact info.

Introducing another message with the now PIN.

The government is laying the foundation here for the text messages.  Showing that they're not altered, that the messages and PIN's go to the people they say they do.  Looking at a text message sent from Kwame to Bernard and Derrick Miller in July of 2003, it's an "e-card" with his contact info.  Skytell address, office number, and time stamp, July 21st EDT with time it was sent.

Next message is Skytell text from Kwame to Bobby and Victor Mercado.  It's another e card.


Pazcewicz says she researched the PIN numbers and prepared a chart showing the names associated with the PIN numbers.  Showing a chart with the defendants names on the left, the PIN in the center column, and the Carrier on the right.  Kwame switched to a Blackberry at one point.  I'd have pegged him as an I-Phone guy.


Pazcewicz is now explaining that during preparation no words were changed, no spelling errors corrected.


Pazcewicz  (pronounced pass-Kiev-inch)  explaining that she looked at texts for evidence of fraud, explain that she used a data base to search the messages, narrowed down the messages using the computer, and prepared them for the court room.


prosecution calling Carol Pazcewicz  special agent for the EPA  another State Grad.  Says she was one of the main case agents and assigned to look at contracts for Water and Sewer Department, Ferguson contracts and text messages.


Thomas basis if Harvey thought she was helping to perpetuate a fraud.  Harvey says no.

Thomas asks about polling issues v candidates and Harvey says she a finance person and not an expert on polling.

Thames is back up.  wants to know  if political polling is different than candidate polling.  Harvey says she only knows it was for the Kilpatrick Mayoral Campaign.  She's excused


The other name on the check was Derrick Miller.  Harvey says she never met Kilpatrick of Beatty.  Harvey says her firm has 5 different types of clients,  association, union, and non-profits, etc.

Harvey says her area of expertise is financial and she doesn't know about the inner workings of non-profits.

Thomas running her through why the invoice was changed.  Harvey says she approved change of name on invoice.


Harvey reads an email from Yang saying please change the invoice and send it to the Kilpatrick Civic Fund.  All the same work but her firm was asked to change the name.

Harvey says they didn't work for the Civic Fund.  Looking at checks now. from the Civic Fund and signed by Beatty and another name that illegible.

Harvey says she doesn't know what the Civic Fund is for.

SAys thy also did other surveys and got paid by Mayoral Fund.


Harvey reading form memo saying campaign should start " edgy"  and make it seem light Kilpatrick is fighting against a "foe."

Harvey talking about invoice now, for more than $6,000.

Invoice is to Kilpatrick for Mayor.  for survey conducted in 2005.


there's also an email to Beatty.  Now they're looking at the survey overview.  Harvey is a very elegant, sharply dressed woman in her 60's with  a sultry voice and the bearing of a high society business woman. 


Harvey says her company did phone survey's.  Frederick Yang was the employee who supervised the research.  Aoute is asking Harvey to look at a memorandum from Yang to the Campaign.  She's reading page 5 is an email from herself to the Kilpatrick for Mayor CAmpaign, and the next page is the invoice to the Kilpatrick for Mayor campaign.


Court is back in session.  The government is calling in Virginia Harvey,  works for Peter Hart Research, she's the chief financial officer.     Linda Aoute is asking the questions for the prosecution.

Harvey says her firm was retained by Kilpatrick for Mayor to do surveys and focus groups.


Still in the break.  Kwame Kilpatrick is sitting at the defense table leaning over to talk to his attorney Jim Thomas.  Thomas has his glasses perched on the end of his nose, looking down at documents on the desk in front of him.


Thomas up, says running for Mayor context is coming from Government and it's not in her contract.  WAlker agrees you can't separate Kilpatrick from his image.  Thomas wants to know if the bulk of her work was for the Civic Fund.  Walker is excused.

20 minute break.


Bullotta up now asking about a sentence that's highlighted in yellow, Walker says it wasn't highlighted when she signed it.  Thomas now saying something from his seat but he's off mic.

Bullotta asking if Walker ever did a press package or any press releases for the Civic Fund.  Walker says no.  Judge is having trouble hearing Walker.


Walker says she doesn't remember putting together a Go-TV script.  SAys it's possible she worked on get out the vote effort.  Says there is no other contract relating to fun for Mayor.


Walkers say she doesn't remember doing any specific work the Civic Fund but say if it's in the contract she probably did.  SAys she put Kwame's career highlights in press package she says yes.

First African-American and youngest floor leader, featured and young leader of the future by Ebony magazine.  Walker agrees these are all in advance of running for Mayor. 

WAlkers says she doesn't remember meeting with Kilpatrick before he decided to run for Mayor. But does remember meeting with other people close to Kwame.


Thomas now introducing contract WAlker entered into in 2001. "the services include but are not limited to creating and distributing press packages..."  will provide 20 hours of services, effect date is June 2001.

Contract says Civic Fund is specifically mentioned in contract.  Thomas wants to know if a person is the head of a non-profit that promoting their image would be good for the non-profit.  Walker says yes.


Thomas asking if Contract Sports had a contract, WAlker says yes.

Thomas wants to know if she was aware Kwame wanted to raise his public image as a Representative.  Walker says yes.

Thomas asks if she remembers the Civic Fund being engaged in fundraising. Walkers says she doesn't know.


Thomas on cross.  Wants to know what contact sports does.  Walker says they helped individuals and organizations coordinate special events, wrote press releases, tried to create a favorable impression in minds of consumers, media.  Says she know other media firms were also involved.


Bullotta now showing checks from Civic Fund with a not on them that says hold for discussion with Mayor.


Bullotta now introducing invoices she sent for her firm's work. $7,000.  Her company's name is Contact Sports.  Bill went to Honorable Kwame M. Kilpatrick, Mayor of Detroit.  It's a past due invoice.  work was for 2001.  Total is for $21,000.  BAlance due is $7975.95


Says she sent press releases to Ebony Magazine, Jet,  and other high profile publications.  telling about Tom Joyner's radio show and trying to get Kwame on the show.


WAlker say she was hired by candidate Kilpatrick when she was running her own PR business,  says her partner in the firm Sandra Ware brought in the job.  SAys they were hired to raise his profile.  Make people aware of Kilpatrick's issues.  SAys her  ultimate goal was to help make sure he got elected.


Prosecution now calling Miss Tracy Walker, she's currently a public information officer the Medical SChool at Wayne State.  She's worked for the Pistons and for Carolyn Cheeks Kilpatrick.

WAlkear say she worked for the congresswoman from 206 through 2010.  Met Kilpatrick then, kids went to same pre-school.  says she learned the Kwame wanted to run for Mayor when Kwame told her.


Thomas hand Berg a check and asks if he recognizes who wrote the check without saying the name.

Thomas wants to know if Berg remembers the Rutherford scandal came up before the current check they're talking about.  Berg doesn't remember the exact timing.  Thomas asks if that was an issue that he was aware of in the summer of 2001.

Thomas asks if Berg can see the justification of the being paid from the Civic Fund.  Berg says from Thomas' point of view yes.


Thomas wants to know if it was Berg's decision to get paid by the Civic Fund and Berg says no it was someone else's decision.

Thomas is now asking about the timing of  the payments again. 


Bergs say he used the issues studied in the poll just to craft the message of the campaign to help the candidate get elected.


Thomas want to know if Berg worked with Conrad mallet, campaign chair. Berg says yes.

Thomas want to know if he was working on Rutherford issue for the non-profit.  Berg says yes.  Thomas wants to know if he got paid by the nonprofit (Civic Fund) for that work.  Berg says yes.

Bullotta on Cross, asks about date on check, says the first check was written a month before the Rutherford scandal was made public.  Berg says in  his mind he was  not getting paid to work on the civic fund his focus was entirely on the campaign.


Now looking at a section that deal with 18 people that were in public office.  Berg agrees it's not candidate specific.

Thomas asks if knowing what voters think about other public officials helps. Berg says yes.

Thomas wants to know if Berg knows what the Civic Fund was.  Berg says not in any detail.


Berg looking at a document, says he recognizes it as the survey put together by Lake-Snell.

Thomas asking about the survey analysis. Is it candidate specific or issue specific.  Berg says issue.


Thomas now asking about the other polling work Berg did for the campaign.  Berg says his firm didn't do any other polling work but was aware that other poling had been done.

Berg says he doesn't know in any great detail the difference between a 502 c-3 and a 501 c-4.


Thomas asks if Berg met with Kilpatrick and William PHillips about the Rutherford checks that went to the fund.

Thomas now asking Berg about the checks and if they were deposited into Berg's company account, the Berg-Muirhead account. Berg says yes.

Berg says he gave the check to his accountant and he didn't care where the check came from.

Thomas now asking about whether Berg devoted time and energy to dealing with the Rutherford donations. Berg says yes. 


Berg now looking at documents to refresh his memory about the timeline of events.

I worked on the Rutherford story with my then partner Scott Lewis and putting in a few calls to Berg at that time.  IT's interesting, now that time has passed and Rutherford has copped a plea, compare what we know now and what Berg told us back them.


Thomas asking now about Berg and his PR team working on "damage control" relating to Rutherford's contributions and meeting with reporters who were raising questions about the propriety of those contributions.


Berg says he got paid $15,000 a month for working on the campaign.  Berg agrees that Kwame working on the Civic fund would be good for his image.

Bergs says he remembers Jon Rutherford being in the news papers for making questionable contributions to the Civic Fund.  Rutherford plead guilty to federal charges earlier this year for kickbacks to get a contract for his homeless shelter.


Thomas is asking if these are the first checks Berg received.  Berg doesn't remember.  Thomas wants to know if the other checks were from Kilpatrick for Mayor and Berg says he assumes they were but doesn't remember.  Thomas wants to know how he got the checks.  Berg says they were usually delivered in an envelope. 

Berg says he did have conversations about the Civic Fund with Beatty but doesn't recall doing any work for the Civic Fund.  Says he never had any conversations with anyone from the campaign about why the checks came from the civic Fund.


Thomas asks when Berg went to work for the Kilpatrick's.  Berg says he worked on Carolyn Cheeks Kilpatrick's campaign.  Berg says his Mom called him and told him Kwame was going to run for Mayor.

Thomas is asking Berg about billing and putting the two checks back on the screen.


Bullotta now asking Berg about Gotoff, who testified last week.  Gotoff is the guy who crunched the numbers for the polling.  Berg says he talked to Gotoff on the phone, a lot, but hadn't met him in person until they were in court last week.

Bullotta asks Berg if he ever worked for the Civic Fund.  Berg says no.  Bullotta finished, Jim Thomas now up.


Berg says he was aware of the Civic Fund's existence but didn't know what specifically the Fund was doing.

Bullotta now asking about a Washington, D.C. firm, Snell and Lake.  Berg says he called that firm to ask if they'd work on the campaign.

Says he talked to Celinda Lake, to do polling, to find out which issues to stress in campaign.


Berg now looking at two checks, says he assumes they were to pay for the work on the invoices.

Christine Beatty ad Kwame Kilpatrick signed the checks.  Both are from the Kilpatrick civic Fund.


ASsistant prosecutor Bullotta is taking Berg Back to 2001, Berg says Kwame Kilpatrick's mother Carolyn Cheeks Kilpatrick asked Berg to help with the Mayoral campaign.  Berg says he worked on the campaign from May through October.

Bullotta now showing invoices from Berg's firm.


The jury is in.  The Judge just greeted the jury and said she hoped they had a nice weekend and, "Go Tigers."

The first witness this morning is Bob Berg, he was press secretary for Coleman YOung, worked for Governor Milliken, and now runs a pr firm in Detroit.


"All Rise."  Court is in session.  THe sound was just turned off to the feed and the Judge summoned the attorneys to her bench.  after a brief consultation they are now heading back to their seats.


Kilpatrick and Ferguson just walked in.


The overflow room is open, the video feed is on, the court room is humming.  Jim Thomas must have taken the express elevator.  He's in the room but his client is not.  Neither Kwame nor Bobby Ferguson have shown up yet.


We're waiting for the Marshals to unlock the door to the overflow room.   Several Reporters are sitting in the waiting area outside the Court room, we were starting to worry because the doors weren't open yet.  Then we say Kwame Kilpatrick's attorney, Jim Thomas, standing  in the hall sipping coffee and we all relaxed a little.


Good Morning from the Theodore Levin Federal Court House in Downtown Detroit.

Ken Martinek is Senior Producer -Investigations for Fox 2 News

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