Live Blog: Kwame Kilpatrick Trial Day 13 - Fox 2 News Headlines

Live Blog: Kwame Kilpatrick Trial Day 13

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(myFOXDetroit.com) -

1:00

Another day of testimony done.  We heard from donors to the Civic Fund, Kwame's Crisis manager, and about government wire taps.  M.L. Elrick will have a wrap up at 5 and 6 tonight on Fox 2, and his take on today's testimony on MyFoxDetroit.com.  And we'll all be back again in the morning.  Have a great day.

12:55

Thomas asking is City treasurer Beasley was appointed to pension board by Kwame.  Beeckman say he got on the pension board because the treasurer is automatically on the board.  It's a statutory appointment.]

Thomas is  done, Beeckman is stepping down.  The judge says don't stay up too late watching the presidential debate or the Tigers whichever they choose and excuses the jurors for the day.  Sounds like the Judge is going to be bouncing between the debate and the game.

12:54

Thomas asks if FBI agents were at the party and Beeckman says "we weren't invited."

Thomas wants to know Civic Fund wrote the 2500 check because that was what they determined was justified. Beeckman say no.

12:50

Thomas showing party invoice now.  Asking if party was paid in full by Civic Fund.  Beeckman says now.  Civic Fund paid $2500 and there's a second cashier's check for $3800.  Total was 7206.  Beeckman says he thinks there was a cash payment to make up the balance.

12:47

Thomas now playing the recording between Ayanna and Kwame that the government played earlier.  Thomas wants to know if  the Civic Fund paid for birthday parties for other people who turned 100 years old.  Beeckman says he doesn't know.

Thomas wants to know if Beeckman heard the part where Kwame says it shouldn't be just a "straight" part.  Beeckman says he defines it.

Thomas asks if he hears the reference to people in the "community" giving gifts, would it be inappropriate.  Beeckman say no.

12:45

Thomas asking if Beeckman subpoenaed the phone recordings.  Beeckman says the WAyne County PRosecutor subpoenaed the recordings and he got 'em from them.

Beeckman says he also overheard Kwame's mom during the wiretaps.

12:42

Thomas up now.  Asking if Beeckman knows if any Civic Fund business was conducted in Florida and BEeckman say all he knows is what was discussed on the phone.

Moving on to the birthday party now.

12:39

Shea showing charges for plane tickets now.  (Looks like BErnard does a lot of shopping at Costco but that has nothing to do with the case.)  Also a car rental charge.

Shea showing the other charges on Bernard's card showing incidentals, like meals ands stuff.  Shea asks if only expense paid for by Civic Fund is the hotel charge.  Beeckman says yes.

12:37

Shea asking if the documents came to him from the government.  Beeckman says yes.  Says bills were two sided and they only have the odd numbered pages but he has the information he needs.  Judge says they need to get all the pages.

12:34

Shea wants to clarify when Bernard flew home.  Beeckman says Jan 2.  So they've clarified that it was a 3 day stay.

Shea now working through the invoice and confirming again that Bernard stayed 3 nights.

Introducing a defense exhibit now showing Bernard's American Express credit card statement.  These from December and January.

12:31

Shea now asking about Bernard's phone call from Florida.  Shea asks if there's evidence that Bernard and Company stayed at the Palms Hotel with civic Fund Money and Beeckman says no.

12:29

Listening to the recording again.  it sounds like Bernard is saying Jeff is having a thing at the Antheneum and he wants you to step up."

Beeckman agrees with Shea and says Bernard is passing along the request from Jeff.

12:25

Bernard's attorney Shea is up to cross examine.  ASks Beeckman if Bernard asked Abner to "step up" or if the Jeff Beasley the Civic Fund Treasurer was asking Abner to step up.  Beeckman says yes it's not Bernard asking to step up.  A Juror asks if they can play it again.

12:22

Jan 3rd 2008 charge $367.89.  Civic Fund debit card record shows same charge and is dated Jan. 4th.  Beeckman says call was from the 28th.  Bullotta is establishing the time line.

Beeckman says Bernard went to a ball game, sea world and bowling with the kids.

12:20

Looking at invoice now from Cypress Marriott Harbor hotel for Bernard's stay there

12:17

Beeckman says they were talking about a $5,000 check that didn't get used and the Civic Fund Debit Card.  INtroducing exhibits showing hotel charges.  Judge asking about the evidence numbers so she can keep them all straight.

12:12

recording between Kwame and Bernard."there's a firm that certifies the checks...not enough information to certify the checks...Chris will have to do something on Monday."  Asked if he can check in says yes, told it'll be straight on Monday morning. 

Beeckman says Kwame and his family, Ayana,  and others were going to hotel

12:10

Shea now objecting that if jury is going to be relying on it's own ears that Beeckman shouldn't say what in the call.  Judge agrees.

Bullotta now asking about the "topic" of the call.  They're talking about a trip to Orlando and the Gaylord Palms hotel.

12:09

Judge asks jury if they want to take a quick break and they say no.  Must be interested in the wire tap stuff.

12:07

Abner and Bernard talking.  Bernard tells him about thing for Mayor and it's for the Civic Fund.  Abner says let me work on that and I'll call you in the morning.

12:06

Judge now explaining to Jurors that they will not be allowed to keep the transcripts so don't write notes on them. 

12:03

Bullotta now asking about a call between Bernard and Abner Mcwhorter, owner of expression publishing who had a contract with the pension fund.

Beeckman says Bernard asked Abner to contribute $5,000 to Civic Fund.

12:01

Bullotta asks about Kwame saying "we gotta get that 8th floor."  Beeckman says the banquet hall is on that floor.

11:59

Kwame say "we gotta do something really nice for Granddad's birthday."  Maybe get  Henry the Hatter to present him a hat,  maybe get him a check.

11:56

Planning document show birthday was for 140 adults.  BAck to the jail recording now. Beeckman says it's a call between Kwame and  his sister Ayanna planning the party.  Judge explains that it's the call itself that's in evidence and not the transcript.

11:54

Now looking at a check to the Antheneum banquet hall for a relative's birthday party.  Also looking at the planning document from the hotel.  Party is Cheek's 90th birthday.  This is Kwame's Grandfather.

11:51

Bullotta asking now about a wire tap on kwame's phone, 2007 to 2008.  Beeckman says he listened to almost all the calls.  Beeckman says he recognized Bernard, Ayanna, Bobby Ferguson, and many others.

Bullotta asking if Beeckman got recordings from the WAyne County jail.  Beeckman says yes.  Also adds that they got other wire taps but not for any of these defendants.

Now talking about the jail recordings.  That prisoners are told they're being recorded.

11:47

AGent BEeckman is back on the stand now. (English major form MSU as you may recall)  Thomas is asking for a sidebar now.  He's been feisty today.

11:46

Thomas asks if SCott knew how the clubs were going to be used.  Scott says he doesn't know if the clubs were going to be used for fundraising or if business was going to be conducted with the clubs.

SCott says Rose told him the clubs were for Kilpatrick.

Thomas is done and SCott is excused.

11;44

SCott says he gave the embroidered bag ("The Mayor") and the Nike Clubs to Kilpatrick's golf instructor.  $3050 set of clubs.

SCott says Rose was a PGA golf instructor.

11:41

Says he knew Butch Rose, Kwame's golf instructor.  Now looking at a check.  Thomas has jumped up and interrupted the questioning. Asking about who the check went to.  Bullotta asks if Rose handed him the check personally.  SCott says yes.

Thomas is flinging objections in here.  The Judge is sounding a little peeved.  "over ruled."  Thomas is sitting down now.

11:37

New witness is a golf club salesman, William Drane Scott.  Kimg Par Supserstore in Flushing MI.

Was employed at Tom Deaton's golf center in Howell in 2006.

11:34

Thomas asks about goals.  Smith says yes they had primary goal. Thomas wants to know if Kwame acknowledge responsibility for what he did and she says yes.

Thomas is done, nope, he has one more question.

WAnts to know how she's paid, is from campaign fund, third party, does she get involved in that.  She says no she doesn't it's up to her client to figure out how she's paid.

She's excused.

11:31

Bullotta up now.  Wants to know who she billed for services.  SMith says they were for the Mayor and billed to the Mayor.

Bullets wants to know what her goal was.  She says her goal was to help the Mayor navigate through the crisis.  Says her goal was not to help the community of Detroit.

Bullotta asks if she told Kwame anything about facing the truth of his situation.  She doesn't remember speaking to him about that.

11:28

Smith says she wanted to get more involved in service.  Did walks for cancer and did environmental stuff.  Says she doesn't know if it's a 5013c or 5014c.

Thomas wants to know if she mentioned doing something good and he made it happen.  Smith says this arose out of a conversation.

11:26

Talking about Impact Philanthropy now.  Smith says she had a conversation with Kwame about the kinds of things she wanted the non-profit to do.

Smith says her job was done when Kwame went to jail.

11:22

Thomas wants to know if part of her job was trying to change the message.  SMith says her job was to implement a communications strategy.

Thomas is tall, with long hair and looks surprisingly similar to the woman who pro trays her on the TV show.  She is very confidant on the stand, answers calmly and quickly, seems uninitiated and comfortable.

Says she knew Beatty and thought she was a hard worker.

11:17

Lo0king at checks now signed by Kandia Milton and April Edgar.  Smith says doesn't know what the Civic fund was.

Thomas asks if kwame was under siege, if there was a personal issue, a legal issue, and publicity issue.  Asks if these 3 issues transcended him personal.  Smith says she didn't really see it that way, but SAys there's clearly a connection.

Thomas wants to know if she was aware if kwame was speaking to people and engaged in fundraising when he was here.  She says she knew Kwame started a legal defense fund but has no personal knowledge of the Civic Fund.

11:12

Thomas is asking her about the text message scandal now.  Smith doesn't recall particular advice during that time but that in general she wants the legal team to be focusing on the legal and the client to focus on what he needs to be doing.  Smith says she stayed here but didn't live here and that travel, hotel, and meals were paid for by client.

Thomas asks if he job was to advise Kwame to help promote his image in a positive way.  Smith disagrees and says they tried to, based on the legal strategy, that everyone was prepared from a communications standpoint.

Says she did not work for Civic Fund.

11:10

Thomas up now.  Says they know each other and worked together and wants to jury to know that.  Smith says she doesn't look at her job as an image consultant.   When a litigation issue is involved it takes precedent over image.

Smith also testified that Kwame has an outstanding balance of about $60,000 that her company wrote off.

11:09

Smith says she got an $11,000 cash payment from Kwame for services rendered.

11:07

Looking at the checks now.  Impact Strategies was the name of her company back then.  This one is for $30,000.  Next one if for 40,401.24, now one for $25,000 to Impact Philanthropy which is her non-profit for community service.   Says she sponsored walks for cancer research.

11:05

Says she helped Kwame with the text message scandal and worked with attorneys  get message out to media.  Says she helped publicize Mayor's positive accomplishments.

11:03

Says he firm handles anything from Car recalls to corporate takeovers.  She worked with Monica Lewinsky and Michael Vick.  Says the NBC TV show Scandal is bases on her crisis managment work.  Give a short plug for the show...10pm on NBC and Jury laughs.

11:00

Judy Smith is up now.  She's a crisis management expert out of Washington D.C.  THis is the lady I was standing in line behind this morning.  She also worked at the White House (for George HW Bush) and at the U.S. Attorney's Office.  I also saw her chatting with Jim Thomas in the hall earlier today.

10:56

Kwame spent a good part of the break sitting back in his chair taking notes.  He seems pretty relaxed today.  After jotting notes he talked and laughed with his Dad across the defense table.  The jury is filing in now.

10:55

"all rise"  Court is back in session.

10:33

Blackwell on redirect, Hudson says  he would probably not have contributed had he known the money would be used to pay for college, yoga lessons, and a trip to the water park.

Thomas now says he predicted the Lions would win on Sunday and now he looks pretty good because they did.  Says that's what you call Monday morning quarterbacking.  Then says he has no further questions. He didn't even wait for Hudson to comment, he just walked away from the podium.  And Hudson is excused and we're going to take a 20 minute break.

10:31

Thomas now asking if the "purpose' of the fund was broad and Hudson says yes he wasn't going to second guess what the fund spent its money on.

10:30

Thomas now asking about if Hudson would agree that educating voters has a political component and relates to politics.  Hudson says his company has a policy against donating to campaigns.

10:27

Hudson says he would not be surprised to find out that Kilpatrick had traveled and been reimbursed but says it depends on the scope of the travel.

10:25

Pappas' name was on the solicitation letter.  Hudson say he recognizes corporations have expenses and travel is one and a hotel might be involved.

10:22

Hudson says he met JIm Pappas after he got the solicitation letter.  Hudson says he thinks Pappas was the restaurant owner and had no meetings with him about doing work for the Pension Board or donating money to the Civic Fund.

10:17

Hudson says he would not have contributed had he known it was going to be used for personal purposes or a campaign.

10:15

Ken Hudson who worked for North Pointed Capital out of Troy is now on the stand.  He reads from the Articles "no money to a political campaign" and now we see the two $5000 checks his company donated.

10:09

Blackwell on redirect asks if Nairne would have contributed had he known the money was going to be used to send Kilpatrick and  his family to a spa and Nairne says no.

He's excused.

10:08

Thomas is now asking if paying employees and travel for raising funds is proper.  Nairne says he doesn't know. 

Thomas wants to know if traveling to solicited funds is proper and Nairne says he doesn't know.

Thomas asks if Nairne would have contributed had he known it was proper.  Nairne says yes.

10:03

Thomas asks if it was appropriate to donate.  Nairne says yes, according to the solicitation letter.  Nairne say he had no conversation with Kilpatrick about the fund and someone else solicited the money.

Thomas wants to know if he believed the fund would not be involved in political issues and Nairne says well it says the money wouldn't go to campaign.

Thomas now asks if educating voters would be proper and Nairne says he supposed it would be.

Thomas now asking about the difference between donating to campaign and donating to political issues.  Nairne says now he understands the difference.

10:02

Nairne says he would not have contributed to fund had he known the money as going to re-elect Kilpatrick

Thomas up on cross exam now.

10:00

assistant prosecutor Blackwell is now asking Degel about the purpose of the Civic Fund, enhance neighborhoods, improving lives of residents, no funds to political campaigns.  Degel says primary reason for contributing was to  give back to community they were doing business in.  Showing check for $1,000.

9:57

New witness is Nicholas Degel who was an administrator with Detroit Retirement but now works with Churchill financial in Florida and did work with the Pension board.  Brings construction loans and other investment opportunities to the pension board.

9:55

Waiting for a couple of jurors now who apparently ducked out during the sidebar to take care of some personal business.  Judge jokes, "far be it from me to get in the way of that."

9:52

Big sidebar with the Judge now.  Looks like John Shea, Bernard's attorney is doing most of the talking for the defense now.  Hard to tell from the shot we're looking at and the sound from the room has been turned off.

9:45

Prosecution asks if Nairne would  have contributed has he known the money was going to re-elect Kilpatrick.  Nairne says no.

Thomas now asking if Nairne knows if the money was used for travel to raise funds.  Prosecution objects because Thomas is asking about things that didn't happen.  Like he did last week when he asked a witness if he knew that Kilpatrick was attending a governor's conference when he was at the LaCosta resort in Colorado with his chief of staff Christine Beatty?  Turns out Thomas had the name of the organization wrong and the conference wasn't held in Colorado that year, according to media reports.

Now the Judge is admonishing Thomas for asking about things that there's no evidence for in the record.  Seems like someone called Thomas out on making up stuff.

9:42

So Nairne says he would not have contributed had he known about the personal expenses.  Now Thomas is asking about all the things that would be proper to contribute to.  And Nairne says maybe he'd contribute to those.

9:37

Thomas is now asking if Nairne knows that the Fund was allowed to use the money for political issues but not for a specific candidate and Nairne say, "I don't know about that."

It's pretty clear that Nairne doesn't know the particulars about 502 c-4's, or what the money was used for, or if it could be used for political issues.  Thomas wants to know if Nairne knows that Kilpatrick used money for personal expenses and Nairne says no.  Says he was told it was misused.

9:24

Thomas is back on cross.  Thomas asks if donating money is to accumulate "goodwill" for his company.  Nairne says yes and to help the communities where his company does business.  Now Thomas is asking about the purpose of the fund again, going through the list, asks if Nairne thinks Fund had expenses and paid employees?  Nairne says yes.

9:28

This is pretty cut and dried on the part of the prosecution so far.  Nairne says his firm also donated again for $7500 and then another for $10,000.   The pattern is, show the "purposes,"  show the check, ask if they knew money was for personal purposes would they contribute.  Nairne says no.

9:25

The prosecution is now showing the articles of Incorp showing what the money was supposed to be used for.  Nairne reads "sponsoring get out the vote rallies...educating residents on the importance of voting...no funds are donated to a political campaign."

Says his firm donated $2500.

9:23

Next witness is Michael Nairne from Chicago political consultants who also donated to the fund.  He's looking at a fax from Civic Fund fundraiser Emma Bell asking for money.

9:20

Thomas is now quizzing her on whether the investigators asked about  "political" or "personal" uses.  She says she's sure it was "political."

Thomas is now asking if she knows the particulars about 501 c-4 organizations and she says no.  She's excused.

9:18

Thomas asks her if she was asked by the investigators if she knew that Kwame used the money for personal uses and she answered "that was not the question."  She says the investigators asked her if she would have contributed had she known it was going to be used for personal uses and she said she would not have contributed.

9:17

Mary says she has no personal knowledge of how the money was spent.  Says she assumed she got the solicitation letter because she does work for the City of Detroit.

9:13

Okay, Pugh Capital Management is her company's name, it was a $1500 check in 2008 and she thought says she never thought Kilpatrick would use the money for personal use.

Thomas is up.

9:11

The first witness is a donor to the Kilpatrick Civic Fund named Mary.  Sorry, the audio cut out just as she was saying her last name and her company name.  Mary runs her own company and worked with the City's retirement funds managing and investing money.  Says she donated $500 in 2007.

9:09

Judge Edmunds has greeted the jury, talked about cheering on the Tigers and wished Suzanne a happy birthday.  Happy birthday Suzanne!

9:07

Court is in session.  The attorneys are taking their seats after a brief meeting at the Judge's bench and the "All rise for the Jury." has been given.

8:57am

So at least one witness in the court house today is Judy Smith, who bills herself as America's number one crisis management expert.  I remember dealing with Judy and her minions while trying to get information about stories we were working on and her crisis management technique is apparently to stonewall the media.  We'd call the Mayor's office to get his side of the story on an investigative story and Judy's folks wouldn't even says "no comment."  They'd just waste our time with useless information and try to send us dead end stories that were "better>"

8:40am

It looks like we'll see some more folks from out of town this morning.  While waiting to get through security this morning I was standing behind several people who were damage control image consultants for Kwame Kilpatrick. 

8:26am

Good Morning from the Theodore Levin Court House in downtown Detroit on a busy Motown morning.

-Ken Martinek is Senior Producer -Investigations for Fox 2 News

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