Live Blog: Kwame Kilpatrick Trial Day 38 - Fox 2 News Headlines

Live Blog: Kwame Kilpatrick Trial Day 38

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DETROIT (MyFox Detroit) -

Thomas says this would be a good place to stop for the day and the judge dismissed the Jury.  Thomas did not grill Agent Pazcewicz as he has done in the past, he was downright polite, even made her giggle.  He did, though, get a dig in at the media, but, we'll have the last work on that when M.L. Elrick reports at 5 and 6pm on Fox 2 news.  And M.L. will also give us his take with his Daily Takeaway.  See you tomorrow and best wishes to you Ms. Van Dusen, hope to see you back in court soon.


Thomas is showing the tracking slip from contract 1368, the INland sewer contract. Pazcewicz says this if after the sinkhole project.

Thomas says rumor was that Kwame was holding on to the contract.  Pazcewicz says there were several people who said it was being held and Derrick Miller was one of them as we could see in the text messages.

Thomas asks if Mercado signed it.  Pazcewicz says it was prepared by Darryl Latimer then sent to Mercado.

Thomas asks if it's related to the sinkhole project.  Yes.

ASks Who the initials CSW belong to.  She doesn't know.

ASks if she'd agree that Latimer would be the forest to sign off on it.  Yes.

aSks if budget signed off.  Pazcewicz says on her copy you can read the date.

Finance sign off Feb 3 2006  law signs off, April 10 2006 and council approved April 19th, 2006.


Kwame is lounging back in his seat with one hand on his chin, relaxed posture but attentive.  Bobby is taking notes.

Thomas is asking agent Pazcewicz if she knows if being special administrator was different that dealing with other parts of city government and if he had to get council approval for those.  Yes.

Thomas asks if for most  of the water contracts Kwame went through the usual process and didn't use his special administrator status.  Right.

Thomas asks if we've seen message and emails from a lot of people involved with the contracting process.  asks if she's expect them to talk to each other about what was going on.  Yes.

Pazcewicz asks between anyone in general, then yes.

Thomas asks if she would expect people to talk to the folks at the water and sewer department.  People will develop personally relationship, someone would bring lunch, they'd develop ethnic relationships.  Judge is now saying she doesn't know what an ethnic relationship is so move along.

Thomas asks if she remembers the message to McCann saying someone was holding up the contract.  Pazcewicz says it was Bernard Parker and he was employed to go out and get work for his partners.  Says he there to go out and get work.

Thomas asks if he was also to find out who in the he running for that.  Pazcewicz says you have to ask him that when he testifies.


Thomas is back on the sinkhole again and showing a text where Bobby and Kwame were talking about Gino D'Adostini who had already started work on the sinkhole at this time.  Asks if D'Agastini was DBH and DBB.  Pazcewicz says no.

Thomas asks if it's usual for a contractor to put most of the profits in his business.  Chutkow objects and says it calls for speculation.  Judge sustains.

Tomas moves on the calendar again.  ASks about a directors meeting being held at the Fire Department.  ASks if she know if the aMayor attended that meeting.  No.

Meeting with Brookes Patterson, directions to get there?  Yes.

asks if was an official function? yes

was the waste water coming from Oakland County.  Pazcewicz says she doesn't know.

Tomas says you've seen the organizational chart for the city, show one with out the prosecutions markings.

Asks if it shows that the people of the city of Detroit are over everybody.  Asks if she know who the executive agencies are that are over the Mayor.

Would you agree with me that the legislative agencies they're talking about are the city council. yes.  ARE they co equal. Yes.

Thomas asks if the charter governs.  yes.  ASks if the city council has a long history of having an arms length relationship with the Mayor.  pazcewicz says what do you mean by arms length.  Thomas asks if they have equal powers and that council can withhold financial support. Yes.

Thomas says we know from the history that council and the mayor do not enjoy on a harmonious relationship.  She says yes base on the media reports she's seen and Thomas quips if you can believe an tying you see in the media.


Thomas now asks if she can tell if that meeting actually took place.  Pazcewicz says but there's a later entry that says Bobby will get there early so he can talk to Kwame privately.

Thomas asks but you can't tell from these messages if that meeting ever took place.  she says  that right.

Thomas says he wants to talk about the limitations of this.  He's showing her a document put together by and analysts.  Thomas asks if that's a clerk.  She says they're not clerks or agents but special assistants.

Thomas says you don't dispute the facts that Bobby and Mercado had home phones and other phones and could have relayed message to other people and those third parties could have passed that information on to others .. She says yes.

They're talking about the short time of the conversations, asks if they could be text messages.  Pazcewicz says not texts but could have been leaving a message.


Thomas is looking at a series of messages now.  Judge Edmunds asks him to show the whole message stream so the jury can have some context.

Thomas asks if she sees the one that says yes sir boss.  Yes.

asks if she sees the one about going motorcycling. Yes.

See the one that says Still come to your at 5:30.  Can you tell if it's a question.  She says no punctuation so no she can't tell.

Thomas asks if "you kill me that bullshit" is about the motorcycle or the other stuff.  She says no it just says what it says.

"cancel that?"  Does it mean cancel the meeting.  She says she doesn't know.

"you the only boss but Cookie." Thomas asks if Bobby the difficulty contractor actually has a boss, his wife who he calls "cookie?"  Pazcewicz says it appears that way.  Thomas asks if it works that way in her house.  She says "I plead the fifth."


Thomas is asking now if when looking at the calendar you can tell if a meeting really happened.  No.

It appears that the prosecution has presented their case so a third grader can understand it.  Which is good because that means I'm probably understanding 90 percent of what they're saying.  But the defense is struggling to tell a clear story here.

Thomas is asking about mind reading and she doesn't know what they mean by lol and holla at you later.  Pazcewicz says she snow lol me and laugh out loud, but if it's not in a text message she doesn' know what's being said.

Thomas is showing the calendar now, from Sept 1st and asking if he was interested in what was going on at the sinkhole. yes.  ASks if she knows if there was a press conference that day.  No.

asks if she knew if Kwame went to sinkhole that day after the sinkhole and that was 4 days earlier that George Bush made it to New Orleans after Katrina.  Pazcewicz giggles.  Thomas apologizes and says he just has to do that.

Thomas asks if she knows that Ferguson had already been out to the job site.  pazcewicz says she doesn't know.

Thomas asks if it would be unusual for Mercado shouldn't be having conversations with Bobby about the sinkhole.  Pazcewicz says yes.  Thomas want to know now if she agrees that Mercado had an emergency situation going on, that sewer water was flowing through the streets of sterling heights.  yes.

That Mayor Kilpatrick would be concerned and have conversation with Mercado.  That Bobby would have a conversation with the Mayor.  pazcewicz says as a friend, sure.

Thomas says what we're looking at is a text between Bobby and Kwame.  Says there was no wiretap on Kwame's phone.  Pazcewicz says she with the DEA and doesn't have authority to do wire taps and that's the FBI.

Thames asks if she's aware that Soave had meetings with the Mayor. Yes. asks if Soave is a text messaging type of guy.  Chutkow objects and says this is becoming a speech.  Thomas says yes it is, demurring politely, and says he'll ask another question.  This is not the Jim Thomas we've seen before, especially agent Pazcewicz.  He has been tough with her before but now he's being really polite, even charming.  I have to wonder if somebody told him the jury appears to like her, like a jury consultant, and to be nicer to her.


Thomas now asks a whole series of questions about Kwame being the special administrator, had the power to approve the process.  pazcewicz remembers all this stuff.

Thomas asks abut judge Feikens ability to cut through red tape as the water czar, would it cut through the contract process.  She knows he had that power and passed it on to Archer and Kwame.

Asks if the purpose was for just such an emergency as the sinkhole.  pazcewicz says the language wasn't that specific but she agrees with the concept.

Thomas is going on about how serious this was .  Pazcewicz says there were already emergency contracts in place it was the emergency order that funded it.  Thomas says that's what we're talking about.

He asks if all went through the process and were approved by council. 

Thomas is listing the contracts and Pazcewicz is helping him sort out which contract is which.

These are tall the contracts that have come up in the case so far.

Thomas is now asking to see the pictures.  Pazcewicz tells him the exhibit numbers.  They put up the picture and Thomas says I don't see any water there was it contained.  Pazcewicz says she didn't' see water in any of the pictures.   Well it was a deep hole, and from all the myriad water main breaks I've sent SkyFox too I that sometime the water is flooding the street and sometime you can't see a darn thing( at $900 an hour) because everything that's happening is happening underground.

Thomas now asking about a text were FErguson says I see two Negroes. Thomas asks if Bobby is worried about minority participation.  Pazcewicz says that's been established.


Jim Thomas is now cross examining. He want to go through the text message again, asks if she looked at all of them to see where they'd fit into the investigation.  P says she didn't personally look at all 300,000.

Thomas asks if she was looking backward in time to see what made sense to her.  She says she wouldn't characterize it that way.  SAys she just looked at it for the evidence it was.

Thomas asks if she tried to make them fit a pattern.  Says no.

Thomas asks if she remembers Soave.  Asks if the answer says anything about when are where the message took place.  No.

Here's a corker pazcewicz says Kilpatrick's phone was never tapped.

Thomas asks if she know what was discussed in the Tony soave's meeting with Kwame. pazcewicz says she knows what Soave told her was discussed.

Thomas says you can't testily about what Soave told you what was discussed because that would be hearsay.

Thomas now asking about Graimark,  (its a development project)  Pazcewicz says she's not familiar with it.

Thomas shows a text:

kwame: I'll call you later on Graimark.  I know you met today. Its fucked up but I'm with George now. I'll explain later.

Bobby: ( George Jackson is with Detroit development corporation.)  Meet with them I cool you know I don't cry for shit that don't help both of us I didn't push the percent issue.

Thomas asks if she knows if Graimark was ever finished, that it was about to be abandoned. that it turned into Jefferson village.  Pazcewicz says she didn't investigate Jefferson Village.  She's not familiar with any of this.

Thomas now aside about the reminder message of the meeting bobby had with McCann.

Thomas asks about date.  She says this is the date Bobby had the meeting with McCann.

B:I see two Negroes up here up in here lol

Kwame right

Bobby: I had a meeting with Kathleen bitch had a nerve to try to punk me out.

Thomas asks if sinkhole was going on at that time.  says people were called to go out there right away.  Yes

Thomas says he can't imagine a better emergency when you don't have that stuff flowing.

ASks if she remembers people out there immediately. and if she was out there.  She says that's not part of  her duties.

Thomas says you got this big whole in the ground you want to contain that and worry about the money later.  Correct.

Asks if she knew Kwame had gone out there.  yes.  WEll in advance of the Sept 2 date.  She didn't know that.

aSks if there  were press conferences.  Says yes but she didn't know the times.

Asks if Kwame was praised for his response.  She says she recalls seeing a document to that effect.




Now Chutkow and pazcewicz are taking about the time after Kwame lost his administrative power over the water department.  They're looking at a letter Kwame sent to Judge Feikens asking for payment of change orders for 5 contracts,  3 are Ferguson contracts, one is a mcCormik contract, and one is for D'Agostini and sons.  one of the Ferguson contracts is for 7 million.  Feikens had the power to approve payments and manage contracts.

Pazcewicz says Ferguson was a part of a joint venture with company that provided security systems for the water department. 

Chutkow asks if 4 of these change orders were affiliated with Ferguson.  Yes.

These are right after the sinkhole approvals by Kwame.

Pazcewicz says Kwame was also asking for an extension for Mercado.  this was for the remainder of Kilpatrick's term in office.  And Chutkow is done.


Chutkow introducing a bunch of new players, Ruth Carter who was corporation council at the time and CArolyn Williams then Chief operating officer.

new messages saying Ruth didn't want to give Victor a contract extension, that she surprised by Victor and that Kwame is too.

Now looking at a June 13 2003 message.

Victor asks are we still on tomorrow,

Kwame reprise talk thou you about everything tomorrow at your house.

another text from the same day between Kwame and his administrative assistant.

kwame says all me when Bobby and victor get to the office...

Kwame says cool.

Judge says it's already in, Chutkow says sorry, I'll move on.

now looking at a June 14th message from Christine Beatty to Kwame.

C: so it's a date?

K: I have a meeting with Bobby and Victor at 8.

C; for real I was actually just talking stuff that would be wonderful to hear from you then.

Chutkow asks if this is an excerpt from a longer conversation.  Pazcewicz says yes.

Chutkow show the calendar entry now Sat June 14 2003, 8 to 9pm.  Agent reads, meeting with Victor Mercado Victor's house in Bloomfield, with directions.

looking at the next Wednesday now.  Pazcewicz says these are texts between Kwame and Bobby on June 18 2003

K:TAlkd to victor I meet with him at 10

Bobby:: is ok I need to meet you today with the out of the country stuff I have it.

K:come to my office at 10:30.

now looking at texts between Kwame and Carolyn Williams.

W: how did the meeting with victor go should we plan to talk tomorrow I can schedule with Iris if you wish.

K meeting went well and no extension and PLD I do agree there are some political things I need to do first.

Williams::  I;I'll talk with him to get the change of plan ready and provide you with some specific rationale language....

Now looking at messages between Bobby and Beatty.

B: food morning are you in your office if so I need the name of motor city's DWSD job or do yo want me to call victor the name and number of the job

C: I'm actually in a train you may have to call Victor.

Bobby:: will call later

Christine: thank you

Bobby:: are you sure the company is motor city, victor says 26 million is Posen.

Christine: that may be right I just saw a contract with motor city on it

B; what next pursue mot city under the same dire.

do yo mean for that we talked about last night

yes exactly

let me talk to Mr. Mayor.

pazcewicz says they couldn't find out exactly what contracts they were talking about.

BAck to an earlier text

Bobby: are you going to call victor today three of us break bread this evening.

Now a new calendar entry.  (PM jUne 2003  930 to 1130 mayor Bobby victor, victor's house.


We're back.  Chutkow is still pointing to that city organizational chart he was showing earlier but this time he's looking at the box labeled recreation department.  This is the new chapter we talked about earlier. He's also referring to the Detroit Building Authority.  ASks Pazcewicz if the city  council has authority over these department.  She answer "no they do not."

She explains that they do approve contracts sent over by the executive branch.

text between Kwame and one of his assistants.

Kwame: "Call me when bobby and victor get to the office."

Reply "will do"

Chutkow asks when Mercado signed his employment agreement.  A few weeks before this message.

Now looking at a message between Kwame and Bernard:

Bernard: just met with  bobby the 3 of us need to meet at least twice a month for an hour for a while.

Agent Pazcewicz says Mercado officially took over a couple days later>

Now we've got texts from Bernard, Derrick Miller the chief administrative officer an Kwame.

B: the real problem with DWSD is the evaluation committee

Kwame:  I will meet with him and Mercado I'm not Ot just meeting with him.

Bobby: no problem I was just thing short term on some stuff out there he had's net with Mercado and feels he is on the right track but it will take time,

Kwame replies, cool


And we're on break.


Chutkow now shows Judge Feikens order transferring power over water department from ARcher to Kilpatrick and his order telling kwame to hire Mercado.  reads order, says approving execution of employment agreement with Victor Mercado.  THat's special administrative order 2002-03. P reads full power and authority to control manage and operate...

Showing the Mercado employment agreement now.  P reads "subject to the supervision, advice and direction of the Mayor.  P says the Mayor at that time was Kwame Kilpatrick.  term was from June 24 2002 until Dec 31 2005.

Judge calls for 20 minute break.  Well, I'm convinced, today, that the Mayor had complete control over the water department and Mercado.  I don't see how the defense is going to argue that the Mayor couldn't have had control, but then, that's why they get paid the big bucks.  IT could all become so much less obvious after they get done with cross examination, which will occur well after the 20 minute break the judge just called for.


Reading for the City Charter now,  Mayor is responsible for executive branch of city government.

Now looking at the financial report for fiscal 2002, with a city of Detroit organizational chart.  Moving it into evidence now.  It shows that SAen Wordlow is the financial advisor.  pazcewicz answers yes he'll be testifying later in this case.

Chutkow points to document and asks who all these agencies report to.  The Mayor.  Lot's of boxes and all line lead to the Mayor.  pazcewicz read the mayor shall appoint for  each branch an executive who shall serve at the pleasure of the Mayor.  Says the finance department is headed by the finance director and reports to the Mayor.  same for  Purchasing department which reports to finance director who reports to Mayor.  Budget director reports to Mayor, and the  Law department whom ho Pazcewicz reads can be removed with out cause.

Chutkow asks about Kim Harris in the Human Rights department and asks by whom he can be removed.  The Mayor. 

Now reading about the water commission, which shows the board serves at the pleasure of the Mayor.  Starting to sound like that really old Saturday night live skit, "Duh Bears."  Duh Mayor.


Chutkow asks how much money Bobby made from the sinkhole.  pazcewicz says $3 million.

Chutkow now asking about a new exhibit.  she says this is a document prepared by Inland and shows who got paid on the contract and what they got paid for.  Says Willie McCormick and ASsociates foot paid around $300,000.

Next is Superior Construction, also on the bid,  SAys they got about $450,00.

Chutkow asks if Ferguson was on bid.  No.

Now showing the 3 line items for Ferguson, The cumulative total is $11,306,386.  One item is for Ferguson lining, $9 million.  Next is for 15mile and Hayes, the sinkhole, $3 million.  That's not adding up, I may have read the wrong line, I'll have to double check that last figure.

Chutkow now asking if he can have a brief meeting with Rataj on how to proceed.  He's now whispering with RAtaj and Evelyn at the defense table.

He's back and now asking about questions of Mayor's power and authority over the water department.  He's going to introduce portions of the City Charter now.


Court is back in session.  Chutkow at the podium, Pazcewicz on the stand, the jury is filing in.  Judge Edmunds is teasing one of the defense lawyers who has been sitting taking notes, says she needs a message... than adds me too.

Chutkow asks if Oszust from INland met with Ferguson in Dec 2005.  Pazcewicz says he met with McCann and Bobby.  SAys on Dec 16th 2005 they had another meeting at the Mosaic restaurant as well.  Chutkow asks if Bobby got paid for working on sinkhole, and got an additional $350,000.

Now showing a contract transmittal record used by DWSD.  signed by Mercado, contractors name is inland waters pollution contract.  Pazcewicz says it's a form that's attached to the contracts, it's like a routing slip and shows when each department gets it and approves it.  pazcewicz says it was prepared in Aug 2005 and the contract, not this particular sheet, was sent to the Mayor a couple weeks later.

Now showing a special administrative order 2005-33,  the 33rd order sent to the Mayor in 2005.  It's signed by Kwame as the special administrator.  Says he shalt have full power and authority to manage DWSD, (and power over everyone else) when it comes to managing the contracts.

Says he has the power to enter into contracts, hire contractors, and Authorizes Mercado to enter into contract 1368 with Inland.  Signed by Kwame.

Dec 23rd 2005 and that's a week after the meeting at the Mosaic.  So there goes the defense argument that the Mayor didn't have anything to do with signing the contract.  REmember they repeatedly showed the signature page of the 1368 contract and said, but look, there's no place to for the Mayor to sign!  Well there is now, eh?  It's just on a different document.


This testimony is pretty dry but very straightforward, lining all the texts, phone calls, and meetings to demonstrate the prosecutions theory about a conspiracy.  The way they laid it out it seems obvious.  Should be really interesting to see what the defense team does with it.


Chutkow now showing memo from Dennis Oszust at Inland to Kathleen McCann:

"Info from Bernard parker who talked to QK (Kwame Kilpatrick) during the week and amendment is held up until FEI is satisfied.

This is about the 1368 contract that Inland got but claimed was being held up by the Mayor.  The defense had made a big deal about how McCAnn had been "curious" about why the contract was being held up.  SEems from this memo that the folks at Inland had a pretty good idea why.

We're taking a short break here.


you got to get with Victor on this sterling heights hob he said  you were meeting him out here

B: yes ser boss we need to talk to day about that if you have time sir I free after 5 if you ARe and Victor told me he didn't' that time but I insisting on meeting him anyway

Kwame: come to the office at 530

Bobby: I got my bike back let's fire

Kwame: I'll meet you at 5:30

Kwame: you kill me that bullshit.

Bobby: you the only fucking boss....

There was a lot more to that message but you can get the idea.  The sound is still dropping out so it's a little hard to hear what agent Pazcewicz is saying.

here's the deal Geno was called before any one else WAs he hired all of the companies yo see on site except inland then victor told inland to take the company Geno  hired and put under inland Geno was cal first because hi is on the list for emergency.

Kwame: PErfect. that's what I needed

says this was D'Agostini's company

Bobby: we need meet on how I move in I got a great idea sir holla in the am owe Geno is NY answer service lol wants me to do some hauling

That's a pretty clear email from the prosecution's point of view, Bobby is pretty bold in talking about how he's going to muscle in on a contract.  That's sure my first impression.

Now looking at phone records.  Pazcewicz says the information just show who was calling who.  These are calls from Bobby to Mercado on Sept 1 2004.  The significance is this is around the same time as the text messages.  There are 5 more calls on Sept 2.  This is the day Ferguson sent the I have a great idea how to move in text.

Pazcewicz says the sinkhole problem was $50 million.

Now looking at Sept 7 2004 text.  5 days after "move in"

K: what happened to Geno

Bb;  I am going to talk to him today its the same he wants me to work for him just let victor know I Geno make 2 FEI need to make 2 also you will look at the invoices to make sure.

they aren't saying but I'm guessing the 2 means $2 million.

New calendar entry, this is from 830 to 930, victor Mercado at the Detroit Club.

Chutkow asks about message to let Victor know, that message was from 9:00am.

Thomas is objecting to the framing of the question.

Judge says he's just asking for the time of the entry.

pazcewicz says the first message is from 9:01 the reply is 9:18.

So it looks to me like all the texts and meetings line up to show that Bobby and Kwame were conspiring to find a way to get Bobby on the contract and make Mercado go along with it.


BAck after brief sidebar.  Chutkow now asking Pazcewicz to identify a new exhibit.  Says this is a text between Bobby and Kwame from Nov 2 2004.

Bobby is I had a meeting with Kathleen, bitch had the nerve to try to punk me out

Kwame: lol

Bobby: you got to hear what you said to me about you big dog.  lol

Chutkow asks if this is about Soave's meeting with the Mayor.  Yes.

Now turning to sinkhole.  Pazcewicz says these are aerial photos of the sinkhole during various stages of response.

Wow, what mess!  The photo shows a stretch of road hundreds of yards long, and very deep.  Another photo shows at least a mile long stretch of road that's clogged with equipment and workers along 15 mile.  The work  calamity jumps right up in  my mind.

Chutkow now showing something on the screen that's illegible to us down here. We also seem to have an audio problem.  The sound is cutting out.


The government is moving on to a new chapter today, they call it the Heilman chapter.  But first

Chutkow is going to ask pazcewicz about that Inland water contract, 1368.

Chutkow now has some new text messages to show Pazcewicz.  She says the first is between Bobby and  Kwame. Oct 30 2002,  says Inland got it's start work letter in July.

Bobby: When you meet with Soave

Kwame: don't know will holla later.

Next text between Bobby and Kwame on von 4th 2002.

Kwame: I'll call you later

Bobby: I meet with them I cool you know I don't cry for shit that don't help both of us I didn't push the percent issue  I turn in budget numbers for site work what we need to talk about I that fucking Soave

Kwame Yeah I'll holla later about that.

Next text Aug 9 2004

Bobby:tony's very smart he didn't call me back Kathleen did asking me what was the meeting I requesting pertaining to holla later

Kwame: cool

Pazcewicz says these records indicate that there were some issues with Bobby's performance on the contract.  Says there are records showing talk between Bobby and McCann

Aug 19 2004 stop work order on screen now.  Says it's telling Inland Waters to make Bobby stop work on sewer repair restoration, this is putting dirt back in hole, planting grass and trees.

Pazcewicz now looking at a text from FEI employee Eugenia Blake to Bobby.

E: reminder your 430 meeting with MCCann at Lafeyette.  It also has McCAnn's phone number.

Pazcewicz says McCann's notes show there was a meeting that day.  She says they talked about work and performance issues.



The picture is up and there is a buzz of conversation in the court room.  Bobby Ferguson and his lawyers Gerald Evelyn and Mike Rataj are having an animated conversation at the defense table.  Prosecutor Mike Bullotta is talking to Bernard's attorney John Shea near the podium in the center of the room.  and the Judge is entering and we get the "all rise,"

Court is in session.  Susan Van Dusen is not in the room.  The Judge asks after her health and someone, I couldn't see who, answered that she had a minor set back last night.

The Judge is telling the jury that VAn Duesen won't be back for the rest of the week and they'll defer her cross exam of Kathleen McCann later.

Mark Chutkow is now going to question AGent Pazcewicz.


The defense attorneys are in the court house.  We're just waiting for the picture from the court room to come up. 


Good morning from the Theodore Levin Federal Court House in Downtown Detroit.  Testimony resumes today after a one day hiatus to let Susan Van Dusen recover from a nasty fall on Monday.  Van Dusen is expected back in the court room this morning but she may have one of her co-attorneys finish her cross exam of former Soave Enterprises executive Kathleen McCann.  McCann was polite, deferential, and almost meek when she testified last Friday, but on Monday she exploded with indignation when Van Dusen implied that Bobby Ferguson was fighting for his employees and was too proud to just be a "front company."  McCann sat on the edge of her seat in the witness box and delivered fiery speech, calling Bobby's behavior "self serving theater," and saying "Bobby was just out for Bobby," and not interested in working for his money.  She's back on the stand again this morning, we'll have to see if she brought her box of fireworks with her.

Ken Martinek is Senior Producer-Investigations for Fox 2 News.  You can contact him at

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