Live Blog: Kwame Kilpatrick Trial Day 43 - Fox 2 News Headlines

Live Blog: Kwame Kilpatrick Trial Day 43

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DETROIT (MyFox Detroit) -

That was fun, but we're over for the day.  M.L. Elrick will, I'm sure, have an interesting take on the day's proceedings tonight on Fox 2 News... and more on Kwame's Unreal World in his daily takeaway on  Parker will be back in the morning for another round with Jim Thomas


THomas asks about Hendrix asking for a recount.  Chutkow objects to relevance.  Thomas tries to explain but Judge Edmunds stops him and says the witness has testified to that.  Turns to Parker and asks him were you aware of a recount.  Parker says no, he thought kwame won in November. Judge Edmunds says to Thomas there you go.  Asks him if he's done.  Thomas says with the recount question but he has more questions.  Judge Edmunds says well if you're done with that you can ask the rest of your questions tomorrow.


Thomas goes back to the executive order Kwame signed as special administrator of DWASD in Dec 23, 2005.  Asks parker to read, it talks about the east side and west side sewer projects and approves the contracts, specifically 1368.

Thomas goes back to email Dec 19 2005, asks if this was three days before Kilpatrick signed off.  4 days.

Thomas says the mayor refused to sign it because there hadn't been a resolution.  ASks if he know what happened the day before he signed it.  No.  were three people running for election.  No.  3 NEw people.  yes sir.

Do you at least acknowledge that getting through council... Parker doesn't understand the question.

Thomas is asking if the fact that they were running for re-election 

Judge Edmunds jumps in and says there have been lots of objections about speculation, now can this witness read the minds of the city council.


Thomas asks if he was aware of rumors the contract was sitting on the Mayor's desk and that sometimes rumors are not true.  Yes sir.

Thomas showing the special administrative order now for the DWSD.  Asks if when he saw this he said "wow."  Parker says it was the date he said "wow" to.  Tries to explain that it wasn't this document.  but Thomas cuts him off.

Thomas asks if he's aware that DWSD can sign contracts without council approval. Yes sir.

ASks if Insituform was aware of this and they were coming up on the end of there fiscal year and were expecting to be paid  for work already done.  yes sir.

Thomas is bouncing back and forth between document.  Looking at the memo from Insituform from Dec. 19, 2005.

asks if the company was trying to get as much revenue as they could before the end of the year. yes sir.

Thomas asks if the memo says final ratification requires the mayor signature.  Yes sire.

asks if the final line says the mayor hasn't signed it.  Yes sir.

Thomas asks if he can read minds and tell us what the memo's author was thinking.  Parker says he can tell him what his boss told him and what he told him about why he wrote the letter.

Thomas says no sir, I asked if you could read minds.

Thomas goes back to the transmittal document and asks if he thought the board would approved it before MErcado sighed it.

Thomas asks if this has nothing to do with getting paid it a step in the process. Yes sir.


Thomas asks a bunch more questions about the election, Freeman Hendrix, what was going on in the city and finally gets to contract 1368.  ASks parker if he was knew MErcado was the director of DWSD.  Thomas is showing the transmittal document and asks if he knows what hoops had to be jumped through to get payment.

Parker says yes and explains, invoice would be submitted, invoice would be approved, look to see if there's money, goes to accounting, check cut at Coleman young building.  Says it can take 2 and a half weeks or up to 90 days.

Early Thomas chided parker for trying to anticipate his line of questioning.  Parker said absolutely not.  That was a while ago and I'm still trying to figure out where he's going with this.

Thomas asks about the signatures on the transmittal document. 

Thomas says this refers to the email expressing concern that the contract hadn't been approved.  Asks Parker to read the dates.  asks if it was signed off by council in April 19 2006.

Thomas asks if Kilpatrick's signature is on the contract.  No sir.

Does city council approve it.  Yes sir.


Thomas asks if he knew what was going on in 2005.  Can you be more specific.

do you know what was happening in the City of Detroit in 2005. Can you be more specific.

Thomas goes on like this for a while and finally asks if Parker knows that Kwame was running for election and lost the primary by 11 points.  Parker says yes sir, but I only know he was behind I don't remember by how much.

Thomas asks if he remembers the Mayors other duties, and if he remembers police and fire employees were being laid off.  Yes sir.

Thomas asks if he observed the Mayor's managerial style when he worked on his election.  Parker says he didn't work directly with the Mayor.

Thomas asks if he knew the Mayor, had met the Mayor, but not at a cigar bar?  Parker smiles and says yes sir.


Thomas asks if he look at other contracts that were aware.  Parker says he really doesn't understand his question.  Thomas starts from scratch... finally gets to you'd look at the bids.

Parker says after the bids are read out loud they'd look at the other companies information.

Thomas asks if he would be aware whether or not minority credits were given.  Parker says equalization.  Thomas says you say equalization I say credits.  parker says could we call it what it is he's confused. 

Thomas asks if another company was not headquarter in Detroit.  Parker says he'd call the human rights department or call Contracts and GRants.

Thomas says then you'd appeal if you thought someone was falsely certificated.  Yes sir.

Thomas asks if you can asks that someone be decertified.  No  sir, you can only make an inquiry.

Thomas asks if he is aware of the de-certification process.  Parker says yes.  Parker says the department can make a de-certification.  Parker has Thomas tangled in knots here.


"all rise"  The jury is filing in.  Jim Thomas has a brief work with Chutkow then walks to the podium.

Thomas says we haven't met.  Yes we have.  We have?  Yes at the ... cigar bar.  WE did? you got me there.  Parker rattled this off so fast and with so many details it was amazing... and cracked up the folks in the court room

Thomas asks about his time with the Human Rights department and his varied experience both inside and outside government.  Yes sir.

Thomas asks if he made contacts in the city.  yes sir.

Thomas asks if those contracts are not left at the door.  parker says he's unclear.

What was your job at Walbridge?  Parker takes every question literally, there no equivocating with this guy.  Tells Thomas his job includes maintaining relationships.

Thomas asks if that means gaining as much inform on bids coming out in a appropriate way.  yes.



Chutkow asks if when he worked at Human Rights there were any efforts to yank certifications.  Not when I was there.

Chutkow now asking about mentoring process.  Parker asks about Simmons trying to get more work with lakeshore, wouldn't that be part of the mentoring process to get independent work.  Yes.  Did it look like Bobby was mentoring Simmons. No.

And Chutkow is done.  Judge Edmunds call for a break.


Parker is a whiz with details, smart as hell, and a bit nerdy.  They're talking about E and T trucking. Says bobby was angry with the owner, Eric Simmons,  because the trucking company was going to work with Lakeshore. 

SAys bobby felt E and T didn't have the right to work with Lakeshore because bobby thought he controlled ERic.

Parker says Bobby told him to go to his snitches at the human rights department and get Simmons' certifications pulled.

parker says Bobby took him out in the yard to have the conversation because Bobby thought the Government had bugged his office.

Parker said he wouldn't do it.  Says Bobby said you scary motherfucker I'm the boss you're gong to do it.

Chutkow asks did you do it.  Absolutely not.


Chutkow asks what Rachmale did next.  says Rachmale said  "Oh dear what are we going to do. we have to pay him."  Parker says Rachmale wrote a check for 12 grand and when he showed it to Bobby, bobby said "you scary motherfucker he owes me 80 thousand dollars and you came back with 12 thousand dollars.

Chutkow now showing an email about a meeting with Edna Bell and Derrick Miller.  Bell is a consultant for Insituform.  We're back on 1368 the sewer lining contract.

Parker reads says miller seemed to be impressed and contemplates giving Insituform the outfalls contract and would have to speak to DWSD director. 

Parker was at this meeting and says he told him Bobby wasn't on their team but they still wanted to do the work. 

Chutkow asks why he told Miller he's try to get Bobby on the contract.  Parker says he thought it would help them get the contract.


Lakeshore now, Parker says yes he went to Lakeshore to collect money from tom Hardiman.  Says Bobby told him to put his foot in Hardiman's ass and they wouldn't get shit else from him or the city if he didn't pay.  Parker says he was uncomfortable about threatening someone for money and told him so.

Parker says the North Oakland transmission project was coming out at the time.  Says he did talk to Hardiman and told Hardiman about his conversation with Bobby.

Says Tom got angry.  Evelyn objects, judge sustains.

Chutkow asks you said Hardiman was anger, what happened next.  Parker says Hardiman called in Rachmale and he told him the same thing.

It cracks me up that this guy is so well spoken, so eloquent, and spits out quotes from Bobby like, "you ain't gonna get shit ass from the city if you don't pay up."


Parker just left the witness stand for a moment.  Looks like the judge had a word with him.  He's back now.

Chutkow asks if there was a legal problem.  yes sir.

It related to SBA app.  yes sir.

ASks if it was an attempt to remove his name to remove the legal problem yes sir.  Says Mike Woodhouse became the CEO.  But says Bobby controlled the company and the finances.

Says his paycheck came from Excel but he did work for FEI.  Basically he's testifying that Bobby was in Charge.  Says CAlvin Hall and Woodhouse both worked for Ferguson.

Chutkow asks if Bobby thought they needed to be supervised.  Parker says yes bobby didn't think they were doing what needed to be doing.

wWho had the biggest office.  Mr. Ferguson.



Here we go, Sept 2007 through Aug 2009, Parker says he worked for Bobby as business developer.

Parker says he wanted to look at past FEI projects.  SAys Patton Park was probably one of the first big projects, Heilman, and work at Cobo.

Chutkow asks if he remembers that ownership of FEi was transferred.  Parker says he can't remember the exact dates.  Says they were working on a Small Business Administration application at the time.

Chutkow asks if there was a legal problem Bobby had that prompted the restructuring.  Yes.

Defense team asks to approach the bench.


Parker says they had yet another meeting, told Bobby he had to have a bond, says bobby told them the Mayor would be calling.

Chutkow now introducing a portion of the Mayors calendar, June 8th 2007.  Meeting at Manoogian with the Walbridge folks, same time as Oakwood was under consideration.

Chutkow asks if there was another meeting about the bid date.  Says Bobby told him it would be delayed.  Says Bobby was getting the bid delayed so he could get involved.  Says bobby told him he was going to get a meeting between Mercado and Walbridge Execs.  Says it's usually an open process when a bid is delayed.  Says absolutely he thought Bobby could get it delayed base on his relationship with the Mayor and Victor.

And he did get it delayed.  Walbridge folks were angry.  Parker says no Walbridge didn't do a deal with Bobby.  Says Bobby told him he's look at other companies to work with. 


Chutkow turning to the Oakwood Pump station project now.  Parker says Xcel wanted to get in as a joint venture partner for 35 percent.  Parker says no he wouldn't provide a performance bond.  Says Bobby couldn't get a bond.  Chutkow asks if you have to put up a bond.  Parker says the bond has to be commensurate with the percentage of your stake in the contract.  Chutkow asks so you have to have skin in the game.  Parker says yes you have to have skin in the game.

Chutkow asks about a meeting with Ferguson about the joint venture.  parker says he wanted 30- 35 percent of the deal.  Parker says the other folks at the meeting didn't want to do the deal without bonding.  SAys he expected Walbridge to put up the bond and that Mercado would call them.

Chutkow asks what Mercado's call was.  Parker says Bobby said Mercado would call and tell them to partner on the project.

Chutkow asks but his was an open and competitive bid? Yes

Did you believed his was appropriate.  No.  Parker says he was the director, shouldn't get involved with private company negotiations.


"was strongly persuaded by highly place city officials to award a substantial portion of the excavation work." is the line in the letter Bobby was mad about.

Parker says he told his bosses this needed to be fixed.  Was concerned it could get out to the media, says if it's on paper in his experience it would get out.  Says he told his bosses Keith should write an apology letter.  Says he didn't want to have the Mayor angry with us.  Says if the media had gotten hold of the letter it would have taken on a life of it's own.

Thomas objects about Mayor being angry.  Judge overrules.

parkers says if they made Bobby angry they wouldn't get any more work, he had influence, he was the Mayors friend.


Parker says a had written contract like this is unusual, it was a hurry up job.  Says his bosses wanted to make sure the agreement was made before the contract was awarded.

At the bottom of the agreement it's signed by Keith Merrit from FEI and the president of Walbridge.

Chutkow asks if Ferguson at some point started work on Baby Creek.

Chutkow asks if the project manager had a problem with Bobby's work.  Yes. Parker says there was a letter.  Parker says the letter complained that Bobby got the job because a high level official at the city gave it to him, Bobby was double handling material.

Says Bobby called him and was upset.  Says Ferguson yelled you motherfuckers are crazy, why would you mother... write a letter like this. 

Chutkow asks why Ferguson was mad about the line about the official giving him the job.  Parker says Ferguson told him he thought they were trying to back out...

Looking at the letter now Oct 1 2003 about the Sept 2003 letter.  It's about BAby Creek Contract  from Brian Cruickshank project manager.


THey're back.  Parker is in the corner witness box.  Chutkow walks up to the podium then goes back to talk to Evelyn.  "all rise for the jury."  Everyone stand as they file in, everyone but the Judge that is.

Judge says they took up an evidentiary matter but they're ready to  go.

Chutkow comes right out the gate with questions about meeting with Miller and telling the Walbridge execs.  Parker says they finally decided to let Bobby in on Baby Creek because they were worried they wouldn't get the project.

Chutkow asks if including Mr. Ferguson they'd increase their chances.  Yes sir.

Chutkow asks if there was then a meeting at Walbridge.  Parker says yes.

Chutkow introduces a Walbridge document outline the agreement they worked out with Bobby if Baby Creek was approved.  Says they're give Bobby $2.7 million.  This is for mass site work and includes the payment bond, $10 million for Patton Park.  total $12.7 million.

Parker says the Patton Park project didn't require a bond.

Chutkow asks if that's unusual.  Parker says yes, it would be done under Walbridge's bond.


Court is back in session.  And Judge Edmunds takes the lawyers right to a sidebar to sort out exhibits.


Just saw former Mayor Kilpatrick in the hall. I got the color of his tie wrong, it's not pumpkin it's more Pink, and the suit is light gray.  I think the color on the monitor in the overflow room must be off.  (Just Kidding Josh the picture is fine)

Bernard Parker is a great witness.  We can hear him clearly, he spits out answers like a machine gun, and mows down questions like a wheat combine.  He speaks right up and speaks his mind.  I can hardly wait for the fireworks when the defense team gets their crack at him.

He's worked for the City during the ARcher administration so he knows all about the Detroit BAsed Business and Detroit Headquartered Business Amendments. He's worked for big contractors and can rattle off contract, bid, and qualification facts like an encyclopedia.  And he worked for Bobby Ferguson, and we haven't even heard about that part yet.

It's like Christmas came early, and we didn't have to open another package with a suit in it!


And we are back from sidebar and Judge Edmunds calls for a break. 


Chutkow asks if a bid protest letter was sent.  Parker says that letter would have gone out the next day or the day after.

Parker says after he left Millers office he went back and reported to his bosses.  I wish you could hear this guy talk.  he's sharp, quick, rattles off his answers without delay. 

Parker says he told his bosses about Miller's request to put Bobby on the team.  Says they were angry.

And we're getting a sidebar.


Chutkow now asking about Bid list published with the companies and their bid numbers.  Parker reads Walbridge $73 million,  says equalized price is 69 million.  Says equalized means they look at equalizations, DBA, DBH and apply percentage and it to bid.  It lowers the bid.

Says The Walsh company as the lowest bidder at 72 million but after equalization Walbridge was lowest.

Chutkow asks if they had talks at Walbridge after bids were opened.  Parker says yes, they talked about making sure they got all the credits they deserved.  Says the VP of Walbridge recognized the equalizations weren't being applied and they thought once those kicked in they'd be the lowest bidder.

Chutkow asks what they'd do.  Parker says the decided to do a pre-emptive strike, he called Miller, told him about the problem, that Walbridge was both DBB and DBH and Walsh was based in CHicago.  Says he went to miller because he was the chief administrative officer at the time.

Parker says he told him the show executive order was to give Detroit based businesses the work.  SAys Miller asked him if Bobby was part of the deal.  Say Miller told him to see if he could get Bobby on the deal.  Says he was surprised because he was with Walbridge and not Bobby at the time.

says Miller said "come on big "P" you gotta put bobby in."


Chutkow showing a letter now about the bidder evaluations for BAby creek.  ASks if Parker know what CSO stand for.  Parker says he doesn't recall.  So he doesn't have a perfect memory after all, but darn close. (Combine Sewer Overflow)

Parade says the letter gives a synopsis of what the project is about, when and where bids are to be turned in, that the project is expected to cost $75 million dollars.

Parker says the evaluators would go through the bids, and lists all the things they do, about a dozen steps, and so fast I can't keep up.

Parker says you don't get your load up number until you turn in the bid.

Chutkow asks if it's important to keep bids private.. Yes, you don't want others to know because they could change their numbers.  Says in his experience he's never seen that.  Says he wouldn't want his numbers to get out.

Judge Edmunds asks if there's a mistake in the date in the first sentence, should be woo2 instead of 2003.


Chutkow now showing that Amendment and asks Parker when it was signed by the Mayor, 12/25.

Chutkow now asks about Baby Creek, this is in 2002, says he was working at Walbridge-Aldinger, doing work on proposals, says they did the rehab of the DIA.

Chutkow backtracking, asks if Inland and Insituform came to an agreement.  Parker says it was in December or early January.

BAck to Walbridge.  Parker says it's a 2 billion plus company, does all kinds of work, headquartered in Detroit.

Chutkow now asking about contract pc-748  Baby Creek, was  a project to rebuild sewers.  Parker says the Patton Park REc center was also going on.  says there was a $10 million allowance, says it's for change orders and cost over runs, this set aside was to build Patton Park.

Parker says the money came through DWSD but the Rec department over saw the project, you's have to go through victor MErcado and those folks.


Back from the sidebar, they got the exhibits sorted out.  Chutkow now asking about his email to his boss.  Asks if the delay was caused by the hold up with the Mayor.  YES.

Parker says because Insituform was publicly traded at the delay in the amendment would me the company would have to revise it's financial statements.

Parker says Dennis Oszust and he had another meeting with bobby at FEI (Ferguson Enterprises) says they were trying to come to some resolution, says bobby wanted more money, says Oszust couldn't increase Bobby's pocket any more than what it was.

Chutkow asks if Bobby explained how the  amendment couldn't move.  No sir.

Says he tried to talk to bobby in the parking lot as they were on the way out and they had words. Says he told Bobby the d Detroit folks were going to get laid off, these were people with wives and families and they were going to lose their jobs.

Says Bobby referred to Kwame as Black, black man, the boss

Says Bobby thought he was taking the side of the white folks.  Parker says it had nothing to do with being black, this was about jobs.  (strident is exactly the right work to describe his testimony.)


Parker is young, strident, has facts and figures on the tip of his tongue, speaks eloquently and confidant with obvious intelligence.  He may not know his way around a court room but he sure has an encyclopedic memory for contracts, dates, and details.  Judge Edmunds has asked him to slow down, not just because he talks fast but because his sentences are so dense with facts and dates it takes effort to keep up.  This is a go getter who started his own company.


Chutkow is showing an Email from Oszust to Inland's Kathleen McCann saying info from Parker, who talked to QK during the weekend and Amendment is held up until FIE is Satisfied.

Chutkow asks who QK is.  Parker says kwame Kilpatrick, misspelled.  Thomas objects and asks judge how does he know that.  Parker emphatically says that's Kwame Kilpatrick.  The Judge sustains the objection.

Chutkow now showing an email Parker sent to his boss at Insituform, says he saw Kilpatrick, was told Derrick Miller was working on it, says at best he "knows I will not go away."

Judge calls for a sidebar.


Parker says both the Inland and Insituform execs talked to Bobby about problems with workers and work being done.  Says Bobby wanted more money.  Says Bobby told them the amendment wouldn't move unless he got more money.

Parker says bobby left the room and Insituform's Tusna turned to them and said, "this is extortion."

Oszust for Inland, Tusna for Insituform, Bobby, and Parker were at this meeting.  This was 2005.

Parker says he made calls to the Mayor's office, talked to him on campaign stops, says kwame told him to talk to Bobby about it.


Chutkow asks if Ferguson was being paid to do no work.  Evelyn objects, Judge sustains, and Parker answers anyway.  Yes.  Judge Edmunds explains to him when she sustains the objection he can't answer, then she instructs the jury to disregard his answer.

Chutkow changes tactics, asks what work Ferguson's company was doing.  Parker says he wasn't doing any site work, they were leasing his employees and his company was handling supplies.

Chutkow asks if he's familiar with the sewer Collapse.  Parker says yes, 15 mile.  Says Insituform wasn't involved because no sewer lining was needed.

Says he called Dennis Oszust after he saw it on the news to see if his company was needed but it wasn't.

Chutkow now asking about the contracts for that project.

Parker says there was an amendment that refunded 1368, the original lining contract, says it took a long time to go through the process.  It was his job to follow it through.

Says it was taking a long time, and he found out it was being held up in the Mayor's office.  Evelyn objects, Hearsay.  Judge Edmunds ask Chutkow to lay a better foundation.

Parker says Oszust and Tim Tusna from Insituform met with Ferguson about the delay, talked about Ferguson's work performance and that materials were not being purchased timely. Evelyn objects, but Judge Edmunds says he can talk about what happened at the meeting because he was there.


He also worked at Xcel for Bobby Ferguson.

Chutkow asks about 1368 sewer lining contract. Parker says he worked at Insituform at the time.  Says he made sure task orders were continued, worked with city council, other city departments.

Says Insituform was a sub contractor to Inland Waters.  SAys they did the cured in place pipe.  Says Insituform did the specialized work.

Chutkow asks if Ferguson played a role in that contract.  Parker says Insituform leased employees from Ferguson and Ferguson purchased and handled supplies. 

Chutkow asks if FEI was capable of doing specialized work.  No sir.


We're going to be hearing more about Inland Water's contracts, a new project called Baby Creek, and a new chapter on a contract that Walbridge was seeking.

Also, more on Lakeshore.

Parker works at BP3 and Associates a business development firm that he started in 2009.  He's a lobbyist too.  He works primarily with contractors.

His first position with Detroit in the Law Department then moved over to the Human Rights Department and did small business certifications.

Parker also was Charlie Beckham's campaign manager. He also worked for Walbridge and at Insituform.


"All rise"  court is in session. The jury is filing in. Kwame is weather a sea foam green suit with a white shirt and pumpkin colored tie.  Looks like a Fashion International custom suit.

Judge Nancy Edmunds jokes with the jury about being ready to take a break.

The Government calls Bernard Parker to the witness stand.  Mark Chutkow is going to pre-admit evidence.  Gerald Evelyn has a problem with some of the documents, he's going through his list now.


Just waiting for the picture from the court room.  Can't wait to see what everyone is wearing today... and who paid for it.


Good morning from the Theodore Levin Federal Court House in downtown Detroit.  The prosecution will start with a new witness this morning, we're taking bets on whether it's another tailor. 

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

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