Live Blog: Kwame Kilpatrick Trial Day 20 - Fox 2 News Headlines

Live Blog: Kwame Kilpatrick Trial Day 20

Updated:
DETROIT (myFOXDetroit.com) -

1:05

The Judge asks Crandall if he's about through, he says he has More questions, Judge says we'll pick it up in the morning. And Court is adjourned for the Day.  A pretty raucous day at that.  Judge Edmunds excuses the jury, says she hopes for a better outcome for the Tigers tonight and the court room clears out.

M.L. Elrick will have a complete report tonight at 5and 6 PM right after doing a radio interview with Vicki Thomas, and look for his "Daily Takeaway" tonight on MyFoxDetroit.com

1:01

Chutkow asks if Pazcewicz investigated complaint from Tom Hardiman of A&H, yes, is he African American, yes, and Pazcewicz says his company suffered financially.

Chutkow is done and Crandall is back up, asking if she can tell if there was actually a dialogue. Pazcewicz says she can only tell if the phone was connected.

SAying unless it's a tapped phone she can't determine what if anything was said. Pazcewicz replies that there was a connection of some sort but allows you don't know what if anything was said.

Pazcewicz says she didn't listen to the wiretaps.

Crandall asks how many texts between Ferguson and Mercado.  Crandall says zero. Pazcewicz says she can't remember.

Crandall asks if his number is wrong. Pazcewicz says it depends on how you do the search.

12:55

Chutkow asking he she found that Ferguson actually hurt minority businesses.  She says yes, she investigated complaints that African American contractors lost contracts to Ferguson, had to sign contracts with Ferguson against their will, and other stuff.  Not these are facts but that she investigated these claims.

Now going back to "my people" text. Pazcewicz say Ferguson said "my people" not "our people."

looking at text, Bobby: "Your welcome boss just left victor the date has been change to my benefit but we still have problem on the big one hi this he is slickman with his white folks."

Not looking at memo fro day before, this refers to Ferguson requesting an  extension.

So Hayes had already signed their contract, bobby was asking for an extension, then sent a message to the mayor the next day saying he got the extension.

12:48

Pazcewicz now talking about messages exchanged between Miller, Bobby, and Kwame:

"Victor is full of shit he told me the ordinance didn't let him throw Posen out that's a damn like we will talk tonight."

next one, just thought of something trying to locate evaluations on contract from them to se for grounds. also may look into delaying work. hopefully will have more info tomorrow.

Thomas objects, judge agrees, Chutkow moving on.

asks if Posen got full contract price.  Rataj objects, judge explains questions to him.  back up again.

Judge says cross examiner does not have to let them explain.

Pazcewicz says didn't agree with RAtaj saying Ferguson should have had a leg up because he worked on the pilot project because the city requires that all contractor bid and he would have to bid on new work just like everyone else.

12:42

Chutkow's asking about sinkhole messages now.  asks if she checked phone records linking Mayor with Ferguson at that time.  Yes.

asking if Crandall asking her if MErcado was part of "kitchen cabinet"  Pazcewicz recalls that she didn't agree with that but couldn't explain further at the time.  Chutkow giving her the opportunity time.  Pazcewicz says there was some level of trust but they were questioning that level of trust.  That's why she didn't want to give a yes or no answer.

12:37

So Thomas asked a line of questions making it sound like all the contract stuff was Mercado's fault and MErcado's attorneys tried to make it sound like Kwame and Bobby were the ring leaders.

Chutkow asks if Mercado mislead Judge Feikens.  Pazcewicz says yes, Thomas objects, says she wasn't there she doesn't know.  Judge sustains.

Chutkow asks if Mercado reported to IMG, did they review the contracts.  Pazcewicz says they did not, says they reviewed certain aspects, but by and large not involved in the process.  Pazcewicz says the folks from IMG expressed frustration because they had trouble getting documents from Mercado.

12:32

Sorry if that last bit was confusing. Thomas was standing away from the mic.  He's done now and Chutkow is on the stand.

ASking if Mercado or Water Board had more influence over contracts. Pazcewicz say Mercado.

asks if during Kwame's time as special administrator MErcado could sign contract without Kwame's approval. No.

12:30

Thomas talking about "I him with the boss this is real urgent."  Could she have misinterpreted.  Is she filling in words.  She says no.  

11:26

Pazcewicz says she did not confirm that The Mayor was at Gompers but did confirm the appointment.  THomas says it appears the mayor was at Gompers.  asks if she was familiar with this for another reason, the 6-8pm appointment, a fundraiser.  Yes's to all.

Looking at the calendar now. Jim Staple ton event, lobbyist, who was holding the event.

Thomas now telling funny story about Cyrano 'Dbergerac, big nose, famous sword fighter, got into a fight after insult to his nose.  Court laughs. Says point is.... I've lost it.  He's walked away from the mic.  But folks court laughed.

12:20

Thomas asks Pazcewicz if she can tell what is in the minds of the texters. Does she know for instance what Kwame means by what.  She says she can only tell that its a question because it had a question mark after the word.

Thomas asks if she didn't make a mistake about Kwame signing the contract. she says yes,

Now he's asking if there were other texts being sent between the time these three texts were sent. She says sure, they were sent several minutes apart.

Thomas puts up a few messages that show Bobby tried to get Miller first and before Miller can reply bobby has sent a text to the Mayor.

aSking if she testified yesterday that Ferguson was with the Mayor. "I is him with the boss" is the specific exchange he's talking about.  Thomas wants to know if she knows that the mayor was supposed to be at Gompers Elementary school at the time this particular message was sent.

12:13

Thomas asking about the text messages again. Here's the exchange in full, it includes swearing.

Bobby:hate to  bother you, but you need here this, Pratap people stopped negotiations, with my people and is trying to give the water main job to one of the other contractors

Kwame:   what?

Bobby: just what you said before when we are not, apart of the decision making, we get fucked not matter how the process started. you still in the office.

12:07

Thomas asks when she testified yesterday that Kwame signed the document she forgot about his letter. Pazcewicz says she should have said "approved" and not signed.  They're talking about the umbrella contract for the core city renovations and repairs.

Thomas asks her to read from a letter to Edwards from his assistant.  It says the cover pages need to be changed so MErcado can sign them.  it says Kwame as special administrator is giving Mercado the power to enter "expeditiously" into the downtown core water main project.  Pazcewicz agrees that it wasn't actually signed by the Mayor.

12:04

Thomas asking about the use of the word "expeditiously" in the pilot program document,  brings up the Super Bowl, and other events coming up.

Pazcewicz says the "whole new way" of doing things was because of the time crunch.

Thomas asking her now to look at letter to DLZ's Rajadhyaksha from Mercado.  Asks her if it's still her answer that Kwame signed the order.  She says yes, he approved it, the Director physically signed to order.

Thomas asks if she said the Contract was signed by the Mayor. Pazcewicz say no he didn't sign actual document and she should have made that clear yesterday.

Thomas asks if she knows that a contract was actually prepared for the Mayor. Pazcewicz she  heard some chatter about it but never saw any documentation.

Thomas is showing her another letter, she hasn't seen it in months.

11:55

Thomas is up now.  Looking at Order 2003-3 for the award of construction management contract to DLZ.  THomas asks if this talks about the purpose of the court's appointment of a special administrator and it was done way before Kilpatrick. Pazcewicz says true.

Asking about amendment that calls for  hiring a director.  ASks about length of term. Pazcewicz says 1 or three years. Thomas asks was it extended.  yes

Pazcewicz says the last paragraph of the document tells Mercado to enter into the pilot program.

11:47

Rataj showing a document that show that one of the contracts bobby got has a different amount on it than the total Pazcewicz came up with.  Pazcewicz says, yeah it's different, she totaled up the checks and got more info from other contractors who paid.  Rataj says where's the document.  Pazcewicz says it's been given to the court and will be presented as evidence during her future testimony.  Took the wind right out of his sails

11:44

Let me sum up here a little of what Rataj is doing.  He's talking about alternative interpretations of the text messages.  His support for this is that the McCormick appeared not to have gotten a contract but that Bobby went to fight for "My people" as a proud black man and that he may be responsible for McCormmick ultimately getting the contract.  He also asked Pazcewicz about Ferguson Enterprises financial's, revenues, profits.  That set up this line of questioning

He's asking Pazcewicz how many change orders that other contractors got and what their company revenues were.  She doesn't know.

RAtaj asks if she knows how many change order Lanzo got, says you can't tell the jury how many change orders?  Pazcewicz says yes.

Pazcewicz says "not sitting here today." "Nope"  She can't give him a total on the number of change orders.

11:37

Rataj is hammering Pazcewicz on the RFP process. Pazcewicz says she can't answer the question as asked.  Rataj says answer yes or no.  Pazcewicz says she can't.  Rataj jams "Yes, OR, NO." Pazcewicz says she refuses to answer the question.  "OH, you refuse to answer." says Rataj.

He's badgering her, the prosecution objects, the Judge step in and to say Pazcewicz says she can't answer "yes or no." so move on, take care of it in redirect.  Calmly, Like it's no big deal and she could care less about what is so far the most heated exchange of the trial.

I'm not even sure what point Rataj was trying to make but it was sure fun to watch.  If this were a boxing match I'd score the round even. Pazcewicz says she's a type A personality and I believe her.

11:29

Rataj asks if at time of this message McCorrminck didn't have a contract yet.  Rataj just went through a whole line of questioning leading to Bobby being a champion for Black business men and now says the by referring to "my people" he could have been talking about McCormmick not getting a contract.

Rataj asks if it's a fact that it's possible that Bobby could have been talking about McCormmick.  Pazcewicz says it's possible but it's not a fact.  Rataj says do you read minds. She says it's not a fact.Rataj gets hot and says it is a fact that it's possible.  Pazcewicz says no.  Rataj slugs back it is a fact that it's possible Pazcewicz says it's not a fact. Pazcewicz says she doesn't know if Bobby was talking about what was possible or if he was talking about himself.

11:25

Rataj asks how many text message were collected and how many are being used in the case.  Pazcewicz says 300-500,000 collected only 200 being used in case.

Rataj asks if Bobby is a type A personality, Pazcewicz says as am I.

ASks if Bobby is proud to be a black man. Pazcewicz says yes, as he should be.

asks if Bobby used colloooc,   collllyoc, .... street language.  Laughs in court room, Rataj laughs.  Judge  says very precisely, whether we are speaking "colloquially" or two need to slow down.  More laughs.

11:19

Rataj asks if there were three qualified minority contractors. yes.

ASks if at least of March 17 there was one minority company that didn't get a contract.  Pazcewicz says the missing contact is not on the list but she can't say if it was awarded or not.  She needs to look at the contract file.  She's asked to look at the contract file three times now and Rataj is still banging away saying the third minority contractor didn't get a contract.

Pazcewicz is reading now from a document asking for that missing contractor, McCormmick, to get a contract.  Pazcewicz says McCormmick did get the contract.

11:15

Now looking at an email sent to Edwards From DLZ.  Lists contractors and contract numbers.  Hayes, FErguson, Eagle Construction, Posen, D'Agostini, Lanzo.

Asks if as of 3/17/2004 that these were the companies that were awarded.  Pazcewicz says yes.

Rataj asks if there's another contract that hasn't been awarded. Pazcewicz asks to have her memory refreshed.

There's one contract that's not included in the document they're looking at on the screen.  Asks if it's one month after the text message. Yes

11:10

Pazcewicz reading a letter now that says Posen and other contractors were supposed to get the work.  This is from the water department to DLZ.  THe contractors are not minority owned.

Rataj asks if this letter shows DSWD's intent to award the contracts.  Agrees.

Rataj now asking if DLZ had a bond problem.  Pazcewicz says they were never asked to post a bond and DLZ didn't have a problem.

11:06

Rataj asking about Pazcewicz's previous testimony and asks if she was asked to make connections.  Pazcewicz says not connections.  Rataj says we'll agree to disagree.

Showing her a text message now.  From Bobby to Kwame, Feb 18 2004.

Bobby:"hate to bother you but you need hear this.  Pratap people stopped negotiations with my people and is trying to give the water main job to one of the other contractors."

Rataj asks if Hayes and Ferguson were meant to get that contract as shown by DLZ's letter at least a month before this message. Pazcewicz agrees.

11:03

We've had a couple on interesting exchanges so far this morning.  Mercado's attorney spent most of his time cross examining Agent Pazcewicz distancing his client from the Kilpatrick and Ferguson.  And Bobby's attorney Mike Rataj spent most of his time talking about what a great job his client did on the pilot project and that local, minority owned, and Detroit Based companies were supposed to be getting the contracts based on initiatives put in place by all the Mayors going back to Coleman Young. 

10:37

Continues reading that Ferguson and Hayes did great work on Pilot project and should be good for this work.

Pazcewicz agrees it was approved by Finance Department.

And the judge is calling for a break.

10:35

Rataj showing letter to finance department from Mercado about the pilot project contracts, and if she remember this letter. Yes.

Asks if she knows if contracts were granted to anyone at this time, she says she'd have to read it. She does, it says emergency procurement is necessary because center core infrastructure has deteriorated, there's a paving project coming up, and the two projects will dovetail.  Save city time and money.  Imperative that DSWD start right away.

10:32

Rataj now showing letter to DSWD from DZL.  Pazcewicz reads, Hayes and Ferguson will get work on the pilot project.  Ferguson will get BRoadway and Washington Square, that those jobs will be perfect for his qualifications.

Rataj asking now about Edwards's testimony, he's the DSWD contract expert.  Asks if she remembers if at end of contract process the contract goes to purchasing and finance.

10:27

Showing document from Dec 24 2003. Pazcewicz reads, "An RFP process will be used to select contractors... strong preference given to Detroit Based Business... want as many contractors as possible... special attention needs to be paid to the ability to  perform... important to have good price competition."

Rataj asks if Ferguson should be included in big contract because he helped the pilot program be successful.  P says no.  Rataj asks NO?  She says no, can I explain why?  Rataj says, "NO."

10:24

Rataj asks is she remembers Rajadhyaksha testifying that the pilot program was a success and that he wasn't not threatened with future economic harm. She agrees.

Rataj is firing questions at her,  Pazcewicz says she's not disagreeing with Rataj just that she doesn't remember every word of Rajadhyaksha's testimony.

Says she agrees that there were as many as 7 contractors, that it was an RFP contract, and includes Detroit Based Businesses.

10:20

Pazcewicz agrees with Rataj that Pratap Rajadhyaksha approached city with a new plan but has some slight problem with some areas in the question he asked.  Says it's hard to find the source of an illegal discharge because the drawings don't match what's under the ground.

Rataj asking if previous administrations were also trying to help small businesses and minority businesses.

Pazcewicz says the Rajadhyaksha also testified that his plan included helping minorities.

10:15 

Pazcewicz reads document, in summary it says 30% of business should be given to minority, local, and small businesses.  This is the order from the Archer Administration.

Rataj asks if Kilpatrick's order was similar. Pazcewicz says it was an attempt to adjust for racism.

Rataj asks if it makes sense because the money to pay for projects comes from Detroit residents.

Pazcewicz says there are several ways to finance projects, like selling bonds, she says she has no problem with goal, says she's a female law enforcement officer so she knows all about it, SIR!

10:13

Rataj now showing document, Executive ORder Number 4. Pazcewicz says she hasn't read it.

Rataj asks if she agrees that racism has been around for the last 246 years and that laws have been introduced to address the issues. Pazcewicz agrees racism still exists, that affirmative action programs have been introduced to give minorities help.

Rataj asks if this order was along those lines. Pazcewicz says she hasn't read this one.

Rataj asks if she'd like to read this one. She answers "only if you want me to." He does.

10:05

Rataj is up now, remember, he was on Fox 2 last night that he's gunning for Agent Pazcewicz.

SAys he's taking things in a different direction. Pazcewicz says she's been assigned to the EPA for 15 years. ASks about witness sequestration. Pazcewicz says she's familiar.

Asks if this prevents witnesses from tailoring their testimony to what another witness has testified to.

Pazcewicz says she sees the reasoning for that.

RAtaj says she's allowed to be in the court room. Pazcewicz says there's an exception for agents.

Judge says she knows where RAtaj is going with this but isn't sure it's proper but she'll let him go ahead for the time being.

9:59

Crandall puts a contract of and Pazcewicz says this isn't Jefferson it's 15 mile and he asks if it's like the Jefferson. Says all he's trying to tell the jury is that the text message sent Aug 22 2004 about the 15 mile job, it's professional, indicates it's on the scene, testing the Mayor, and the hole is enormous.

Pazcewicz agrees it was big.

Crandall show Kwame reply saying keep me informed

Then Mercado replies "11 foot sewer collapse 15 mi..."

Crandall says they didn't lose the home, didn't lose the people. asks if she knows of another interceptor in Macomb county. Crandall asks if this other one took 5 years to repair instead of 1 year like on Mercado's watch. Pazcewicz says that she doesn't know.

9:55

Crandall asks if she reviewed documents about a water main break on Jefferson Avenue? Judge Edmunds is telling Crandall "You really need to ask questions."

ASks if Pazcewicz knows the story about a man just arrived from Puerto Rico who got dragged out to the job on his first day.

Pazcewicz says she'll need to see a contract or something to refresh her memory.

9:52

Pazcewicz says it was a competitive project and that contractors would get more work as soon as they finished a project.

Crandall asks if the incentive program was phenomenal. Pazcewicz says it sounded like it yes.

9:50

Crandall now asking about the downtown water main project, including the Pilot project and the water main replacement before the Super Bowl.

Pazcewicz agrees it was an ambitious project.

Crandall asks if it was described as Spaghetti under the ground.

Pazcewicz say she heard that phrase used.

Crandall says some called the infrastructure fragile, some called it historic.

Pazcewicz says the contractors she talked to took a lot of pride in he project because of the difficulty and time frame.

Crandall says they got a 5 year job done in 2 years. 55,000 linear feet of pipe.

9:46

Crandall has a list of Water departments and wages paid to Directors on the screen now. LA guy made more than $300,000. Feikens hand writing is on top of the list.

Pazcewicz says she doesn't recall seeing this before. Feikens was trying to find out what the department would need to pay a new director, wanted to find a wage that would keep a good director at the department.

9:43

Pazcewicz says she doesn't know if a proposed reorganization of the department recommended by IMG was actually put into use.

9:41

These are from Feb 2003 and are contract procurement oversight monthly reports that were sent to Mercado and Judge Feikens. He's reading off the list of names on the report like Attorney Tom Lewand who worked for Feikens, Mercado, and others.

The next exhibit has the same crew and shows the agenda.

Last item is a Memo from 2006 comprehensive report looking back at activities for the previous year. Change orders, contracts, details on pump stations, water mains, more than 25 contracts.

Crandall says what's he's getting at is that for entire 6 years Mercado was there he was answering to the Judge.

Pazcewicz says Mercado didn't report to IMG, discussed stuff, but didn't report to them, shared info. Says he did report to the Judge.

Crandall asks if IMG could get any records they wanted and Pazcewicz vehemently disagrees.

9:35

Crandall is now asking about the consultant company brought in by Feikens, IMG.

Bobby and Kwame, flanking Bobby's attorney Gerald Evelyn, are leaning in looking at the document Evelyn is holding. This is the document that Crandall is now introducing into evidence. Papers are being passed around the room.

Pazcewicz says she reviewed the documents last night.

9:30

Judge Edmunds just asked Crandall to use the microphone so the people in the overflow rooms can hear. Yeah!

Crandal asking about the Judge's Czarship over the Water Dept. Asks Pazcewicz if she ever met him during the time when she was assigned to the EPA. Pazcewicz says she hadn't met him, that agents don't necessarily get to walk into judge's chambers. AGrees it was unprecedented that Feikens held the reins over the department for so long.

9:27

Crandall now showing a flow chart showing the organization of the Water Dept. Board of Water Commissioners at the top, then the Director, Deputy Director, then it breaks down into the departments.

Pazcewicz says she doesn't know what the Judges intentions were but clearly he allowed Mercado to be hired and that MErcado had engineering back-ground.

9:23

Crandal now asking about the Federal plan for the Water Dept. Asks if she's aware that the Judge kept reams of documents. That everyone looked at. Says he was excused from court last week to look at those documents. The are the documents that Judge Feikens kept that document the Consent Decree and the Federal oversight of the Water Dept.

Crandall has walked away from the podium and is standing right in front of the witness stand to question Pazcewicz.

9:19

Crandal asks if it's fair to say that Victor was not in the trusted confidante of the speakers. Pazcewicz says she would not agree with that.

Crandal asks that the dialogue shows, the language shows, that they didn't trust him at that time.

Pazcewicz say no she can't. (agree with that)

9:17

Crandal using sinkhole example, 100 foot long hole, it's an interceptor. Pazcewicz says the text doesn't have all that info but covers some of that info.

Pazcewicz agrees that the text is technical, and professional.

Crandal drawing comparison between Mercado's text's and the other's where they say Mercado is "full of shit" and they'll "take care of him."

Pazcewicz agrees that as evidence shows Mercado sent fewer texts and they were more professional.

9:12

Crandall is starting by asking her about the text messages introduced yesterday. He's asking if she's looked at half a million texts. Pazcewicz says she hasn't looked at all of them. Says the government collected between 300,000 and 500,000 messages.

Crandall is asking her about Kwame's "kitchen cabinet" as he calls it, Beatty, Miller, and Ferguson. Pazcewicz agrees and also agrees that Kandia Milton was part of that inner circles. Milton brother also. Dedan Milton.

Crandal asks if Mercado's text message number was dramatically small. Pazcewicz say maybe not dramatically. Pazcewicz says she can't remember just how many there, she says significantly less.

Says Mercado's texts were very businesslike.

9:07

The Judge is greeting the Jury and reminds agent Pazcewicz that she's sill under oath. Martin Crandall is cross examining.

9:05

The picture from the court room is now on the big screens in the overflow room. "all rise" court is in session. The Judge asks the attorneys if they're ready to go. The Jury is filing in

8:49

Good Morning from the Theodore Levin Federal Court House in downtown Detroit. It's Immigration day here at the court house. There are long lines out both doors full of smiling "about to be citizens" and a few anxious media folks wondering if they'll make it inside before testimony in the Kilpatrick and friends case starts.

Agent Carol Pazcewicz will be back on the stand today. If you saw M.L. Elrick's report last night on Fox 2 you saw Ferguson's attorney Mike Rataj say he can't wait to cross examine her today. Looked like he was gearing up for a brawl. Should be a very interesting encounter. If you missed that report you can find it under the Kilpatrick Full Coverage page of MyFoxDetroit.com

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

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