Live Blog: Kwame Kilpatrick Trial Day 46 - Fox 2 News Headlines

Live Blog: Kwame Kilpatrick Trial Day 45

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DETROIT (MyFox Detroit) -

And that's it for 2012.  M.L. Elrick will have a complete wrap up on Fox 2 News Tonight and don't forget to check out his Daily Takeaway on  Blogging will begin again on Jan. 3rd 2013.  Happy Holidays!


Shea asks if the judge decides but he has a cooperation agreement and the prosecution will make a suggestion.  Cunningham say as long as he tells the truth he'll be okay.

Shea says that's not exactly true.  Says you're testifying to things that only you were present for.  They're relying on what you say as the truth.  Correct.

Shea say if you didn't tell the truth then you have no incentive to correct it now.  Correct.

Shea says let's talk about Bernard, you knew he was a consultant and they get paid.  Correct.

Shea says you knew before that deal the Chris Jackson told you to get Bernard involved.

Bullotta objects and asks for a sidebar.

Shea says  Chris Jackson suggested Bernard be involved and you didn't expect him to be involved for free.  No.  You paid him because he assisted you in guiding the deal forward.  Correct.

Bullotta asks what Bernard did.  Cunningham says I don't know, I mean he was at one meeting.

Did he do anything else to earn 15 grand. No

Shea asks if he had a meeting with you terry, and there was a discussion prior to that, gave you insights into the people on the pension board.  Yes.

And Judge Edmunds excuses him and says that's it for today.  Bullotta says he has a short witness.  Judge Edmunds says you're kidding me. 

He was.  We're done.  Judge Edmunds tells the jury not to watch TV, read about it, do any investigations on their own.  Tells them they've been wonderful about this all these months and Merry Christmas everyone.


Bullotta on redirect.  Asks why he felt the need to pay Bernard.  Cunningham says he didn't feel the need he didn't want to pay him, he thought that was just the way it was, he was learning the ruled of the game, that' the way he had to fly.

Bullotta asks who decides who sentences him.  Cunningham says the Judge.

Shea is up now.  aSks if the Judge can't accept the governments recommendation.  Judge Edmunds asks for a sidebar.

Let me just interject here that Thomas on his cross covered a lot of ground.  I tried to give you the flavor of the cross examination but I didn't even come close to keeping up with all the topics he covered because my computer decided to take a vacation.  It was Thomas's best cross of the trial.


Thomas must have been reading this blog, he just asked about that furtive conversation in the backyard of the Manoogian and asked if he thought FBI agents could see them from Belle Isle.

Asks if he though Soave freely gave the use of the plane.  Yes.

When golfing were they having conversations and making connections. Yes.

Thomas covered a whole lot of ground here and my computer decided to take a break so I didn't get to type in most of it. 

The best part was when Thomas asked if Mahlon Clift the Jeweler from Chicago handled large amounts of money for his employer.  Cunningham says he didn't know that much about his business.

Thomas asks if he knew Bobby.  Cunningham says they were cool.  Thomas says would you carry $90,000 through an airport for me if I was cool.  Cunningham says if you were cool.  Thomas says your 'e not suggesting I'm not cool are you.  Cunningham laughs. 

Thomas is done and the Judge calls a break.



Thomas asks if after he told Kwame about getting caught taking a bribe kwame put his arm around him and tried to console him.  Right.  Thomas says but Kwame didn't roll up his sleeves and participate in a cover up.
Bullotta objects and Judge  Edmunds says he needs to answer the question did Kwame roll up his sleeves and try to cover it up. Cunningham says Kwame suggested putting it in the civic fund.  Thomas says you were going to put criminals names on the donations to the civic fund and he said okay.  Cunningham says it wasn't my idea, I was going to  put the money in the fund. 

Judge Edmunds just hollers out, "Mr. Thomas."  In  a calmer voice she chides Thomas and Bullotta both for interjecting facts that are inappropriate.

Thomas asks and Kwame told you that was a good idea, take tainted money and put it in the civil fund.  Cunningham says he just told Kwame  he was going to put it in the civic fund and Kwame just told him come up with 5 thousand dollars in the civic fund.
Thomas says you told agents you were going to put the money in the civic fund, it wasn't Kwame's idea.
Judge Edmunds  says he already testified to that, when he talked to the agents he told them he was going to put it in the fund.  that's straight now.
Thomas says so you spent the money.  Absolutely.  So it was Kwame's idea?  Cunningham says that was the suggestion.
Thomas says so you tell Mr. Kilpatrick and he suggests you put it in the civic fund.  Yes.  Bullotta objects, Judge over rules.
Thomas says when you went to Kwame he told you he could fire you and the only reason was because of your children.  Cunningham says we had a heart to heart conversation but he doesn't remember saying anything about my kids.
Thomas asks  if he thought Emma Bell was doing anything inappropriate in that side room.  Cunningham says no I don't know what was going on in that room.
Thomas asks if he knows Warren Evens and was his office on the 11th floor.  No.
Thomas asks if he knows that the office was being swept for bugs and can you say it was around the time of the election.  Cunningham says he doesn't know if that was the time he was running.  Cunningham says Freeman had a lot of people... you never could have.
Thomas asks what time he was  born.  1969.  Then you didn't know about...
Bullotta interjects and says the Watergate scandal doesn't have anything to do with the case.  Judge Edmunds sustains.
Thomas asks if he can swear that the Mayor was at the Mosaic meeting. Cunningham says he can't swear that the Mayor was there.
Thomas asks if he told Kwame about giving Bernard money and Kwame didn't ask.
Thomas asks are you looking at the government now?  No I'm looking at you.  It looked like you were looking at the government.  Judge Edmunds jumps in, sounds peeved, tells him to move on.
Thomas says didn't you complain to the Mayor that you were out of money and didn't Kwame tell you go tell my Dad and that you can't pay.  Yes
Thomas says didn't you go to CAYMAC.  Judge Edmunds says tell us what CAYMAC means  Thomas Says Coleman A Young  Municipal center.
Thomas asks if that's a public place.  Yes.  Asks if there's a cafeteria down there. Cunningham asks is there a cafeteria down there.  Thomas say if I can testify, yes. Cunningham chuckles.
Thomas says it's a very public place right.  Yes.
Thomas shows the office pictures, says there was a hub of activity there. Yes.
Thomas says so there were people in the office and there was an office with a Barber chair and asks if he had meetings in all those rooms.
Asks if he ever saw Kwame with large amounts of cash outside the Bermuda trip.  Cunningham say nah, not 20, 30, 40 thousand dollars, nah.
Thomas asks if he was surrounded by competent staff, list a bunch of names. Cunningham says all competent, says lots of complimentary things about him.
Thomas asks if he know Derrick Miller.  Cunningham says he was not always at the meetings. Was on special projects.
Thomas asks if Derrick went rogue, it was Derrick for Derrick and not for the City or Mr. Kilpatrick.  Right.
Thomas asks about the pension funds. Says yo indicated that Jeff Beasley was appointed by Mayor.  Thomas says but Beasley was appointed treasurer and it's by statute that he sits on the board.  Cunningham says Beasley stood on his own.
Thomas say Beasley was a good buy and wasn't going to do anything improper on the board.  Correct.
THomas asks if union people sat on the board.  Correct.
TGhomas asks if Syncom was a well prepared presentation and do you remember  how long it took Cunningham says he doesn't remember how long it took but it was fast. Cunningham says he wasn't there when it was actually approved.
Jim Thomas is up on cross now.  Asks if the Kilpatrick family embraced him throughout his life.  Cunningham says and he embraced them and loves them now.
Thomas asks if his kid didn't like showers and Kilpatrick helped his kid love showers.  Cunningham says yeah his kid hated showers.
Thomas asks if his wife Lori went to work for the mayor. Cunningham says yes and she worked for the next Mayor and she just left.
Thomas asks if Kwame was the first one he called when he was having marital problems. Yes.
Where Shea ripped the guy up, Thomas is using a velvet glove.
Thomas asks if Lori worked on the campaign and got a job out of that. Yes.
Thomas asks if it was a close race with Hendrix.  Yes.
How he had to roll up his sleeves and get re-elected but won.  Yes.
Asks if anyone worked harder than Kilpatrick.  Cunningham say Adrian Peterson maybe.  Thomas saYS BUT ONLY when he was running on the football field.  Cunningham laughs says right.  Says he thinks kwame was a great Mayor, what he did for the city, can't say anything negative about what he did for the city.  Even right now he got Compuware, did great things.
Shea says you knew he was a business man, were familiar with his family and in fact were referring work to Bernard at this time.  Yes.
Shea asks if he didn't tell the Law department about bEasley and the pension deal.  and didn't tell them you were kicking back  funds to Beasley, and were kicking back money to Beasley.  No that's not true.
Cunningham is not the brightest apple in the barrel.
Shea says he doesn't want to be too callous but isn't it true you paid him 20 thousand out of those commission checks.  Cunningham says he doesn't remember how much he paid Beasley.
Shea asks if 20 was a pretty good estimate.  Cunningham says that's the estimate he was given and that's the estimate he'll roll with.
Shea asks if he told investigators he paid Beasley because he supported the pension deal.  Cunningham says they were good friends and gave each other money all the time, and in the back of his mind maybe he felt obligated but he would have given him money.  Says it wasn't like, you do this and I'll give you money, it was out of love.
Shea asks him if Beasely asked him every three months about the money.  Shea asks wasn't it a wink and a nod signal.  Cunningham says it was more like Beasley was making sure he was okay, that he was fine.
Shea asks if he paid in part because of the pension support.  Cunningham say okay fine.  Was that a yes.  sure that's a yes.
Shea says then the Mosaic meeting happened after board approval. Yes.  So why did you have to pay Bernard if you already had the deal, just to keep the Mayor happy.  Yeah, that's right.
Shea says Chris Jackson talked to you even before the deal was presented to the pension board.  Cunningham say more that likely but he doesn't remember.
Shea says Bernard had a lot of clients like you who he had helped and Bernard was already involved.  Says Bernard had already met with him way before.  Correct.
Shea asks if this whole group was part of the AFrican American College circuit. Cunningham laughs says correct.
Shea says Bernard's expertise was even more important  since his original partner Chris Jackson  had dropped out for awhile to take care of personal business.  Cunningham laughs and says yes.  Shea asks him if he finds it funny.  Cunningham says funny like a clown.  More irony than funny.
Cunningham is barely treading water here.  Shea says Bernard never told him how much to pay him, you thought of a fair price. correct.
Cunningham says he didn't just pull that figure out of his... he can't recollect why he came up with that number, says Kwame didn't give it to him.
Shea asks if he had aspirations to become a consultant on other big deals.  Yes.
Asks about signing deal with Terry Jones, (his pseudo relative as Shea put it)  sometime after that 30 million deal you claim to have a discussion at Mosaic with Beasley and Chris Jackson, and Kwame and or potentially others about paying Bernard.  Cunningham says he doesn't know if the discussion was before or after the Pension deal was signed.
Shea asks if it was around the time he sent the Syncom contract to the Law Department for a conflict of interest check.  Cunningham says that meeting took place before he started working for the City.
Shea is standing at the podium with his hand on his chin listening to Cunningham try to explain how this all went down. Cunningham says Chris Jackson was teaching him how the  game was played, this is your deal, if you do it the only thing you have to do is bring in Bernard. 

Shea asks wants to know how long prior to the Mosaic meeting was the conflict if interest check.  Shea asks if he remembers telling agents the pension approvals were done in May.  Cunningham says I don't remember that was in 2005 I don't remember every month to month, if that's what I said that's what I said.
Shea approaches, hands him a document, says I don't want to quarrel with you, asks about the plea agreement he swore to before Judge Cunningham in 2010.  Cunningham agrees it's a transcript of the plea hearing.  Yes.
Shea reads from the document, says on may 8th 2006 pension boards approved and eventually disbursed money.   Asks if tentative approval was in Mid May 2006.  Cunningham says yes.
Shea says you were not charged with taking the $5,000 bribe and were not charged and expect you won't be charged if you cooperate with the government.  Correct.
Shea asks if he cooperates they may recommend less.  Yes.
Shea says even if you continue to cooperate the government determines "substantial cooperation." Correct.  Shea asks if this is a powerful incentive to cooperate with the government.  Yes.
Shea asks if there are other charges they could hit him with.  Says he's not sure.
Shea asks about his payments to Beasley about kicking money back on the pension board deal.  Cunningham says that's not exactly what happened but he'll say correct just to keep things moving.
Bullotta objects, says the details of the insurance deal are irrelevant to the case.  Judge over rules, Bullotta presses his case for a side bar.  The approach the bench.
Shea is back but now waiting for one of the jurors to get his glasses.
Shea, sir, without reading the document out loud, it's not in conformity with the rules, does that refresh your recollection about what you told agent Beeckman.  No.
Shea asks if that document doesn't accurately reflect the facts.  Not sharing.  That document is inaccurate.  I'm not saying that either.
Shea says if the city of Detroit purchased this insurance you'd have no expectation of making a profit from the deal.  That's what I'm saying.
Shea asks if he thought this was a real insurance company and didn't know it was a sting until months later. Yes. 

Shea asks if he took the money and gambled it away.  Cunningham says he doesn't remember what he did with the money, but suffice it to say he spent the money.
Maybe it's just because it's Friday, or that I've been watching this trial now 45 days straight, but it's getting funny.  It's unfolding like a sitcom.  Two big former football players fluttering in the back yard by the river, hands over mouths, talking about FBI wire taps.  Did they think the FBI had spotters on boats, maritime lip readers, hovering over every word the Mayor spoke.  And the golf bag embroidered with "The Mayor."  It's going from crime novel to farce.  THat trip to Bermuda, was it for business, those Vegas trip?  Nah, just a fella's trip.
Court is back in session.   John Shea is cross examining Cunningham.  Asks if he's here because of his plea agreement with the government for the $5,000 sting by the FBI.  Yes.
Shea asks about Cunningham and his father in law sharing a percentage of an insurance deal.  Cunningham says they discussed the deal and say he was just trying to help his father in law out, he wasn't in it for a cut.
Shea asks about his first meeting with agent Beeckman, did you acknowledge those discussions with his father in law and tell Beeckman he was in for a percentage.  No.
Shea shows him a document to refresh his memory.
Cunningham says at first he lied to agent Beeckman during a Jan. 2010 meeting, but then decided to come clean and tell him he took the money, says he'd talk to his lawyer and come down and talk.  Signed a plea agreement to one count of conspiracy to commit bribery. Cunningham says if he tells the truth the agreement is for a reduced sentence.  Not sure if this is the first 5,000 he took from undercover agents.
Judge is calling for a break.
Cunningham says they went to Vegas a few times, Chauncey Mayhue went once, says they went on his private plane, that was kinda like a fella's trip to play golf.
Says the fight trip may have been some union stuff too.
Bullotta asks about the gold bag embroidered with "The Mayor."  Says he doesn't know who paid for it.
Bullotta asks if while golfing they were raising money for the civic fund.  nah, it was just golfing  you know.
Bullotta asks about a trip to Bermuda.  SAys Bobby, Kwame and others flew down on a private jet.  Says the played golf and met the Prime Minister, went to a big Cricket match.  Says it was a kick off the new regime trip.  Bullotta asks if it was a business trip.  No just a pleasure trip.  

Cunningham says they all have to come up with $5,000 but that wasn't enough to pay for the trip.  Says Kwame had 2 or 3 racks on him.  2 or three thousand dollars. Says it was like in July or August of 2006.
Says they stayed on a house on an island and had to take a boat to get to the house.
Bullotta asks if they went the DeLehoya prize fight in Vegas, did you fly commercial.  Cunningham says which time?  Oh, the fight, I think we just flew there.  Says it may have been a private jet, too.
Cunningham says he and the Mayor went outside to talk about the phone tapping, were talking with their hands over their mouths because, you know it was like that, the FBI was watching and stuff.
Says Kwame gave him cash to buy burner phones.  Cunningham says he bought them and passed them out to Johnson Quirrels and others.  Says they put the Blackberries in his name, don't know why we did that but that's what we did.
Says Kwame told him to lay off paying Bernard after Cunningham tipped him to the FBI sting.  SAys Kwame told him he was too hot and moved him to the Film department, says he was liason between Movie makers and the city.
Cunningham says he was too hot at that time and potentially under investigation by the FBI.
Bullotta asks if he found out his phone was being intercepted by the government.  Cunningham says a reporter came to his house and mentioned his phone may have been tapped.  After that he got hold of Kwam, went to the Manoogian, says Kwam's told him "I told you to stay off them phones."
Says he thought you guys sent Kwame a letter since his phone was  in Kwame's name.
Cunningham says he doesn't remember seeing the letter but the Mayor told him about the letter.
Bullotta showing pictures of the Mayor office now and asking if he ever saw Emma Bell go into the room with the Barber Chair.  Says he didn't go into the room.  Says he didn't talk to Bobby and the Mayor about contracts.  Says he didn't know what they talked about when they went into the room.
Remember Emma Bell?  She was the lady who stuffed cash in her bra and claimed she gave it to Kwame in the Barber Chair room.
Bullotta asks about Sept 2007.  Did he get a call from the Philadelphia Enquirer.  Says he was asked about an FBI investigation.
Now Bullotta is backing up to April to find out what this was about.  Asks about insurance and Cunningham taking an undercover payment from the FBI, says he was an informant.  Says he felt terrible about the call, says he told the Mayor immediately.  Says he told the mayor he'd put the money in the Civic Fund.
SAys he didn't tell him on the phone because he thought the phones could be bugged.   If I have this right, Cunningham was working as an informant then blew the case by telling Kwame.
Cunningham says he never did put the money in the Civic Fund, says Kwame had second thoughts about it and told him it wouldn't work.
Cunningham says when he only gave BK 4,000 he'd ask why it was light and Cunningham would tell him it was light on his end too.
Says Kwame would tell him some months he could take it easy on his Dad.  Took it to mean he didn't have to pay him as much.  Says he told  his good  friend, an attorney, about the deal.
Where yesterday's witness Bernard Parker was fast, sharp, detail oriented, and tightly wound, Cunningham is slow, plodding and vague.
Cunningham says he had a meeting with Chris Jackson, Beasley, and they told him he'd have to go into a deal the pension board Syncom deal with BK. (Bernard)
Cunningham says BK didn't do anything of help get the deal.  Says the deal finally went through and he started getting commission checks.  Says he got a check, deposited it in his bank, would take out 10,000 to 15,000 in cash and  give Bernard 3,000 to 5,000 at a time.  Says he paid him because that was kind of the way it was.  Wanted to gain favor with the Mayor by looking out for this Dad.  Thank him for the deal.  Thanks the Mayor for making sure the deal went through.
Says he paid BK in cash, paid him al over, in the barber shop, city county building, around town, hand shake to hand shake, discreet locations.  Didn't want anybody to know they were doing that.  Barber shop was in the basement of the city county building.  Get a shoe shine or hair cut and go in the hall to make payment.  Says at least 4, 5, maybe 6 times.  He can"T remember specifically if it was 4 or 5 or 6 thousand at a time.
Says he told Bernard he'd give him 5 and that number was cool.
Says Bernard would ask him about the money around the time he got his commissions and says he told Kwame he took care of his Dad.
Bullotta puts Cunningham's contract with Syncom on the screen.  Cunningham says the effective date is march 15 2006.  It's signed by Cunningham and Jones.
Bullotta now asks about the summer of 2006. Cunningham says Kwame offered him a job as executive assistant.  Says he managed the office, "rolled" with the Mayor to events.  Says when he took the assistant job the Syncom contract was also in effect, says he altered the Syncom agreement when he showed it to John JOhnson in the city law department.  Changed the amount he was getting paid to 15 a quarter because he didn't want anyone to know how much he was making.  Says he started with Kwame around Aug 2006.
Cunningham says he gave money to Bernard and if Bernard knew there was more out there He would have to give Bernard more.
Bullotta now asking about a venture capital company called Syncom.  ASks if Terry Jones was a partner.  Cunningham says yes, he was like an Uncle to him.  This was around 2006.
Says JOnes hired him to put together information on the telecom business.
Bullotta asks who is Jeff Beasley.  Cunningham says that was one of his best friends growing up in Chicago.  Says Beasley say of Police and Fire Pension board.
Cunningham says he helped Jones raise money and introduced him to Jeff, and they tried to help him get $15 million from the pension board.  Says Chris Jackson told them how the pension board worked.
Cunningham says 15 from each board so 30 million all together.  Says at some point he mentioned the deal to the Mayor.  Says Beasley was appointed to the board by the Mayor.
Says he was to hired as a consultant for 3 years and would get $300,000 over 3 years. 25 a quarter.
Bullotta showing text messages now from KMK: "what's up with the Blackberries Bro?"
Jan 12 2005 text from KMK: call me need to talk about phones ASAP!
Feb 4 2005 KMK: starting tomorrow my 2 way address is demeanor@..."
Bullotta asks why he suggested going to the  Blackberry. Cunningham says you can get access to the Skytell info, like the press, and it's more secure.
Cunningham says about 6 months in they changed them out of Bobby's name and  put them in Kwam's name.  Says the Mayor started paying after that.
Mark Cunningham has just been sworn in.  He's a college friend of Kwame's.  Says he went to Florida A&M in Tallahassee.  They were frat brothers in the late 80's and early 90's.  Says he work in Chicago for Verizon wireless.
Mike Bullotta is doing  the questioning, asks if Mark was aware that Kwame ran for Mayor.  Cunningham says he came to Detroit in 2004 and Kwame suggested he come to Detroit, so Cunningham so he did, moved his family here.
Bullotta asks if he knows what a Skytell pager and did Kwame have one.  Cunningham says he told Kwame that pagers weren't secure, that all the info was stored somewhere, recommended he get a  Blackberry because it's more secure.  Says they got rid of the  pagers and he got them Blackberries.  Says he took them down to the Mayor's office, that Bobby paid for them, and he programmed them.
Bullotta asks if he knows Bobby. Cunningham says yes, he's the "Kwam's" best friend.
"All rise."  Court is in session.  Parker is not in the court room yet.  It looks like we're going to get a new witness.  This is odd because the defense team said they had more questions.  Whoa.  Judge Edmunds says the defense has decided not to ask Parker any more questions and he has been excused.

The gang is back in the court room, we're waiting for Judge Nancy Edmunds now.
The attorneys have gone into chambers with the Judge.  Bobby is standing behind the rail, leaning over to talk to Kwame. 

The defendants are in the room, but witness Bernard Parker is not in sight.  He'll be back for a few more questions from the defense so it should be a lively start to the last day before the holiday  break.  The trial won't start up again until Jan. 3, 2013.
The picture is up and the court room is starting to fill up.
Good morning from the  Theodore Levin Federal Court House in downtown Detroit on a rainy and snowy Friday morning.
Ken Martinek is Senior Producer-Investigations for Fox 2 News.  You can contact him at

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