Live Blog: Kwame Kilpatrick Trial Day 22 - Fox 2 News Headlines

Live Blog: Kwame Kilpatrick Trial Day 22

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Official word is there will be no court tomorrow and jurors have been asked to call in Tuesday afternoon to find out schedule for the rest of the week.  Rod Hansen says Evelyn was transported for emergency medical treatment but there's no word yet on how serious his condition may be. 

M.L. Elrick will have a complete wrap up tonight at 5 and 6 PM and we'll keep you updated as news comes in on Fox 2.  We'll also have updates on


Court is done for the day and the jury has been sent home.  We're waiting for Rod Hansen the court Communications Liason to come down with an official statement.  It looks like besides being done early today we may not have court tomorrow either.


The feed from the court room is not turned back on yet but after a quick trip to the 8th floor it looks like we're done for the day.  Chief Judge Rosen is in the hall outside the court room.  He told me the judge is now going over contingency plans with the other defense attorneys and the prosecutors.


The rest of the defense team was just called back up to the court room.  Evelyn looked ashen as he was rushed out the door and paramedics had him in an oxygen mask. 


Paramedics and Marshal's security services just rushed Evelyn out the door to the waiting ambulance. 


An ambulance just arrived. Paramedics just took a stretcher upstairs.


The two white coat wearing ladies whipped out a blood pressure cuff just before the video feed was cut off.  Looks like this may be a little longer than 5 minutes for what looks like a medical emergency. 


Still on break.  Evelyn is sitting at the Defense table with his head down.  Looks like he's feeling very ill.  Two nurses are coming in to the court room now.


Evelyn asks for a 5 minute break. Judge says okay. We're on a break.


Evelyn now showing document outlining "Less scope of work for Ferguson $900,000.  Hardiman says this was dealing with the agreement between Angleo and Bobby and they came up with a number.  Document shows that Lanzo paid the bond.

Evelyn says they didn't just write a check there was a formula?  Hardiman says yes.


Evelyn showing a Document showing agreement between Lanzo and Ferguson on how Ferguson was supposed to get paid.  Hardiman says it not the actual payments, just what DCG-Lanzo was supposed to pay.

So, apparently after they got through fighting about the line items Lanzo-ECG agreed to pay Bobby $275,000 out of the $1.8 Million Lanzo received.


Evelyn asks if Ferguson's share was supposed to be 36%.  DCG negotiated a deal with Ferguson, Hardiman says he understands that Bobby got $360,000 to go away.  Evelyn says bobby didn't get work he was promised and took a smaller amount.  Hardiman says he didn't have a problem with Bobby getting paid.

EVelyn says Bobby took some of DCG's profits instead of doing the work.  Hardiman says that's correct.

DCG was run by Angelo D'Allessandro, yesterday Hardiman testified that ANgelo and Bobby were fighting over certain line items in the contract where the type of work overlapped.  Bobby wanted all the line items which Angelo said would cut DCG out completely, taking away from Lanzo's portion of the contract since DCG was Affiliated with Lanzo.


Evelyn now asking if DCG was on proposal, Hardiman says DCG was affiliated with Lanzo.

Evelyn asks if they put DCG cut a side deal.  EVelyn asks if that was for work that FEI was already contracted to do.  EVelyn says it was DCG that tried to cut out Bobby not the other way around.

Evelyn says it was Bobby got pushed out.  Yesterday the prosecution made it sound like Bobby was the guy who was trying to take work away from Lanzo.  Hardiman says he told DCG, Lanzo, and Ferguson to work it out.


Evelyn asks if they exceeded city goals. Hardiman says that's correct.  Document shows Lakeshore proposed to use 78% minority businesses.

Hardiman reads FEI has 34 years experience...gull capability...recent project experience...includes successful design build contracts."  Hardiman says it's all true as far as he knows.

Hardiman says he's just answering as he sees it on the screen, he's not the guy who puts together the proposals.

Evelyn asks if you put the experience of the participants in the proposal to allow evaluators to see who'd be working on the project.  Hardiman says that's one of the criteria necessary.


Now looking at Minority Business designation.  Ferguson and Lakeshore are minority businesses but Lanzo and other are not.  Hardiman says they used Ferguson to help them get the contract.

Not looking at Detroit Executive order 22: "%55 all performed by minority businesses."

Looking at Ferguson's numbers, 20 employees, 100% Detroit residents, 75% minorities, 20% women.

lake shore is 15 employees, 66,73,20.

Evelyn asks if Ferguson's number have a major impact.  Hardiman says yes.


Evelyn now showing a document with a paragraph that includes local economic development.  Ferguson Enterprises (FEI) is listed as a project team member, Detroit headquartered, Detroit based, both categories get 36%.

Lanzo is on the list.  Spalding DeDecker and Somat Engineering are also on list. Hardiman says he doesn't recall what they do.

Hardiman says Lanzo is Detroit based fut  not Detroit headquartered.  Agrees this is a bid being submitted to get a contract.  Says including Ferguson would help them get the contract.


Evelyn asks if second  invoice is for same contract.  Hardiman says it appears so.  The invoice say it's for design and related services.

Now showing check stubs from Ferguson that refer to "8 mile Sewer." Evelyn asks if Ferguson hired Lakeshore and paid Lakeshore.  Hardiman says it appears so but he has not recollection. Evelyn asks if Ferguson had a relationship prior to 2002.  Hardiman says it appears his company did work for Ferguson but he's now aware of it.


Evelyn now showing a multi page document.  Hardiman says he's not familiar with the document but recognizes it's a Lakeshore Invoice.

EVelyn says it's from Lakeshore to Ferguson enterprises.  For contract ws623.  It's a contract from the Archer administration period before Kwame took office.  $24,000 and change.  From Lakeshore to Ferguson.  Hardiman says he has no recollection of the documents.

SEcond page is another invoice from march 2002 for$20,160.  Last page is total $45,000.

Evelyn going over dates.  All from 2002.  Asks when Lakeshore office was on 8 mile.  Says until 2005.

Hardiman says he's not familiar with the types of service Lakeshore provided.


Evelyn asks if he and Bobby were involved in Motor City Makeover.  Hardiman says yes.

Evelyn asks if during the transition he met Bobby.  Hardiman says yes on the demolition and cleanup committee.

ASks if Hardiman got business from other departments like Rec Dept. Hardiman says yes.


Gerald Evelyn is now asking Hardiman about shared values he has with Ferguson.  Family values, improving opportunities for minorities.  Asks if Bobby had love for family and love for "his people" black people.  Hardiman says that's a fair statement.


"All rise"  Court is back in session.  Tom Hardiman is still on the stand.  The jury is coming back in.


Evelyn asks if Hardiman help those less fortunate. Asks about nursing home. ASks about HOmer Ferguson Foundation.  Hardiman agrees it was a charitable foundation, feed the homeless during thanksgiving? Yes.  Says he was once on the board of directors. Yes.  asks if Bobby was involved. Yes.  Was it good for Detroit.  Says it was good to do.

The judge is now asking if this is a good place to take a break?  Evelyn says yes.  So the jury is filing out and we've got 20 minutes.


Hardiman says A&H started out small, residential jobs, refurbishing playgrounds.  Evelyn asks about Lanzo Lining.  Hardiman agrees it was a family owned company.  ASks if he's familiar with AndroJohn company.  Hardiman says it was his son's company.

Evelyn asks if they did work putting stuff back after hole were dug, sidewalks, grass, etc.  Hardiman says yes.


Evelyn asks if racism was a barrier to minority businesses. Yes.  says he helped to break some of those barriers down. Evelyn asks if Hardiman worked with other minority businesses. Yes.

Evelyn now asking about other companies, says Hardiman purchased A&H from Rachmale. Yes.


Evelyn asks if Hardiman thought is was a good thing to do to make things fair for small and minority businesses. Says yes. 

Asks if he talked with Bobby about efforts to improve business for minority contractors. Yes.

Did you meet two of his daughters.  Says he thinks he met all three.

Hardiman says he did meet at least one daughter who was interning for Bobby's business.

Attended open house when Bobby's daughter's went to college.  Bobby met his son.

Evelyn asks if they shared those values.  Yes.  Says we agree on family and helping other minority businesses succeed.  Says Bobby shared helping minority businesses succeed.


Evelyn asks if he told agents he never got special consideration from Mayor.  Hardiman say let me see the paper.  Says in 2002 he told Mayor he would not asks for special favors but if he had a problem Hardiman would ask for access to the Mayor.

Evelyn says you supported Mayor in both campaigns.  Yes.

asks if he invited Mayor to use building as HQ.  Hardiman says no major tenants in building at that time but there were some tenants.

Evelyn asks if he said it served a business purpose. never asked for favor, just access.  Evelyn asks is that what you told agents and is it the truth?  Hardiman says that is the truth.


Evelyn asks if one problem he might have is that a contract he was supposed to get might get canceled.  Hardiman says that's a problem that did happen.  Says he know sometimes you bid and win and sometimes you lose.

Evelyn asks if he was trying to get every advantage.  Hardiman says he's have to explain that.

Asks if they wanted name recognition.  Hardiman says yes.  says the reason they had the fund raiser is because the believed in the Mayor.

asks if giving campaign headquarters was just to get name recognition or to get contracts.

Says he told agents supporting Mayor was good business.


Evelyn asks if he had an interest in Sky Group, rented Kwame space for campaign headquarters. Yes.  Gave him reduced rate because they had no tenants.  Hardiman says they had a few renters but building was not full.

EVelyn asks if it served a business purpose and would give Lakeshore name recognition with the Mayor and exposure for future contracts. yes.

Asks if he was trying to get business.  Says yes.


Evelyn asks if his job was relationship building.  Yes.

Asks if he wanted a successful relationship with city, asks if it was very successful.  Hardiman says you showed me numbers so what do you mean by successful?

Evelyn asks did Lakeshore make a lot of money?  Hardiman says yes.  Also agrees that Lakeshore grew...pretty big.


Evelyn asks about March 16th interview with government. asks if he told agents in 2006 that he had supported....known the family a long time... supported his campaigns...had a fund raiser for him. Yes.

Asked if $25,000 was collected.  Says that figure sounds correct.  From people who are interested in getting business from the city.

Says they supported Mayor Kilpatrick because they wanted him to be Mayor.  Hardiman says not suggesting it was to get business.  Says it's true that lakeshore wanted to get business from the city.


Crandal asks if he knew Bobby was referring to him like that and asks if MErcado was anything but professional.  Hardiman says MErcado was professional.

Crandall is done and Bobby's attorney EVelyn is up. Asking about grand jury testimony. asks if there was a gap of several years between the time he appeared before the grand jury and when he was first interviewed by the government.  Says yes.

Evelyn asks if the government gave him a letter granted limited immunity.  Refreshing his recollection.  Says yes, this was given before his second grand jury testimony.


new text message:

Bobby:Tom Hardiman lakeshore they called your mother office on us.  zeke just called me


Bobby: You got to talk Dedan and zeke this shit is funny about the shit the union and lakeshore is saying. He I didn't know I would become the mother&%$# man of the real man "kmk"


Crandal asks if the government showed him text message where Bobby was talking about him behind his back.  Hardiman says yes.

Showing a message now, moving it into evidence.  Bobby: 1361 (contract) is the same contract, 1361 prices maybe less than the other one, but hey you know the rest.

Mayor: cool.  Hardiman says he doesn't remember it.


Crandall asks if Bobby said the contract was on the Mayor's desk.  Hardiman says Bobby told him the contract would have to go "across the Mayor's desk."

Crandal asks if he took many measures to find out why he hadn't gotten the first two contracts he bid for.

Asks if he called the Mayor's mother? Correct.

CAlled Dedan's Mom.  Correct.

CAlled Bernard.  Yes.

Hired him as consultant.  Says provided him a consulting fee.

ASked is that got him anywhere.  Says they were still canceled.


Crandal asks if he new MErcado had a billion dollar budget for those years. Yes.

Crandal asks if Hardiman use the worked connected to downtown, connected to the Mayor.  Hardiman says tentatively, connected to the Mayor, connected to other persons?

Crandall says you don't know if Mercado and Bobby actually got along. You don't know if he had any influence over Mercado.  Hardiman says, "nope."


Crandall asking about "as needed contract." Hardiman say he's know what they are.  Crandall asks if he remembers talking to Daryl Latimore about the contracts, that one of the contracts might be cut.  Hardiman says he remembers talking to Latimore but can't remember the contract being cut.

Crandall asks if showing him an email from MErcado to Latimore would refresh his memory.  Says no.  Says he doesn't know how many contracts Mercado had to deal with on a daily basis.  Asks what the most contracts he had running with Lakeshore from 2003 through 2006.  Says 2 or 3.

Crandal asks if he know how many competitors he had.  Hardiman says not really.

Crandall asks if Hardiman had contracts every year from 03 to 08.  Yes.  Multiple crews on multiple projects for 6 years? Yes.


Crandall asking again if Ferguson was derogatory.  Hardiman can't remember.  Asks if Ferguson ever called him "slickman" or said Mercado was "full of shit."  Hardiman can't remember.  Says if Ferguson talked like that it was just his personality.

asking now about Bobby visiting Hardiman at his home.  referring to specific sewer repair contracts, asking which ones they were.  a sewer repair contract and as needed construction contract.

Hardiman says he remembers the contracts but not the dates.  Looking at a letter now to Lakeshore's CEO Rachmale.  Chutkow objecting that it's an unsigned letter.  Judge says let's see if he can establish a foundation.  Crandall trying.

ASking it was around April of 2003.  Hardiman asks Crandall to explain question.


Bobby's attorney Gerald Evelyn is standing explaining something to Kwame while Thomas sits in his chair, chin on hand, with his back to his client.  Jury is back.


Judge is calling for an emergency break.  Looks like one of the jurors may need to scoot out of the room.  Crandal was asking Hardiman if he's ever heard Ferguson refer to Mercado pejoratively, or use derogatory nicknames.   We'll have to wait a minute or two for the answer.


Martin Crandall for Mercado on cross.  Asks if he's aware when Mercado started his job. Yes.  Says they did city work before Mercado.  Hardiman says he knew who the previous water director's were but didn't have any personl relationships with them.

Says he did sometimes deal with Mercado directly, Mercado was respectful and professional, had a good knowledge of Department across the board.

asks if it's fair to say his dealings were less with Mercado than the people under him.  Hardiman says he doesn't understand the question.

Crandall now listing names,  like assistant director Qaqish.  Says it's fair to say.


Mark Chutkow now asking Hardiman is Ferguson changes the way he asked for money during the text message scandal (2008)  when Kwame was about to resign.  Hardiman says Ferguson asked for payments more often. 

asked if Ferguson asked for work after Kwame resigned.  Hardiman said, "we'll see."  Says the work was for Lakeshore.  Asked in your presence did Ferguson ask for work from Lakeshore, told Bobby, "we'll see."  CAn't remember if Bobby got more work.  Says they treated him like any other contractor after that, didn't treat him like any other contractor before that.  Says he didn't give Bobby any percentages of the work they got after Kwame left.

Says he's not aware of any more payments, no more consultant fees, didn't hire Excel anymore.  Asked why not... says when Ferguson's relationship "downtown" went away it was "easier to say no."


The sidebar is over, the audio is back on, the jury is filing in, and Tom Hardiman is being called back to the witness stand.  The just is saying she hoped everyone had a nice weekend despite the demise of our beloved Tigers... asks "how many days until Spring raining?"


The audio is turned off during the sidebars so we can't hear what the Judge is saying, neither can the Jury.  The defendants are all sitting down at the table, Kwame and Bobby are chatting together, Bernard is sitting all alone with empty seats on either side of him.  Mercado is also sitting alone.


"All Rise."  Court is in session.  The Judge is addressing Mercado's attorney John Minnock and asking if he wants to address a "hearsay" issue.  He says he'll wait until Hardiman is done.  The Judge is now asking for a sidebar to address an issue she has.


Kwame and Thomas are back.  Just waiting for the court to called into session.


The pictures are up, the attorneys and defendants are all in the room except for Kwame and Jim Thomas his attorney.  The Judge just let everyone know she's ready to go.


Here's a recap of the charges Hardiman testified to on Friday.  The government says Ferguson extorted more than $12.9 million in work from the winning bidders after Mercado and Kilpatrick rigged the Water Main contract.

Ferguson extorted another $5 million on an East Side sewer contract.

Another $5 million from a West Side Sewer repair contract.

And we heard testimony that in some cases Ferguson got paid to do little or no work, and in once case kicked another contractor off a job that was already started.


The overflow room is open and the laptops are being plugged in, the notepads are being readied, and we're just waiting for the pictures from the 8th floor to pop up.


Immigration day is a treat to watch.  I'm standing in the main hall of the court house watching people line up to be sworn in.  It's like watching a cross between a party and a United Nations meeting.  Folks are dressed in their Sunday best in a mix of traditional garb and US staples.  Most of the older folks are dressed in suits and ties, and dresses.  The younger crowd sports more flashy stuff with more than a few pair of designer jeans.  And everyone is smiling.


Thomas Hardiman is expected to take the stand again this morning.  He's the owner of A&H Construction, and partners with Lakeshore Engineering.  On Friday, when asked why he paid Bobby Ferguson's company even though they did no work, he repeatedly answered, "10 million, 5 million."  referring to the contracts he lost the first time he went up against Ferguson during the bid process.

Cross examination should be interesting today, one of the defense attorneys says he's not the saint the prosecution has made him out to be.

 8:26  Good Morning from the Theodore Levin Federal Court House in chilly and blustery downtown Detroit.  It's Immigration Day again and new citizens are starting to line up at the security check point at the door.  It pays to get here early on immigration days.

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

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