Live Blog: Kwame Kilpatrick Trial Day 52 - Fox 2 News Headlines

Blog: Kwame Kilpatrick Trial Day 52

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And we're done for the day.  The Prosecution introduced another text but didn't get very far into what it all means so we'll be picking up with that in the morning.  M.L. Elrick will pick up with today's highlights tonight at 5 and 6 on Fox 2 news and, if you haven't read his daily takeaway yet, find out what M.L. thinks Kwame Kilpatrick can learn from Charlie Sheen... oh the possibilities with that one.  "Winning..."


Chutkow asks if Beeckman reviewed documents and knows who was the supervising engineer on BAby Creek and Patton Park.  Beeckman says Vincent McGrail for DWSD and Anwunah.wi

TExt message:The guy insisted that they must pay them5% and you have to submit your pie to them as the general.  I told hi O tell them they can be paid not more that 2.5%...

REply:can I talk to Carolyn about BAabycriik and the DWSD in more detail so she can talk to victor and Black..

Beeckman reads from letter complaining that a high placed city official took work away from WPM by persuading Walbridge to hire Bobby.

Beeckman reads a text from Bobby complaining about Walbridge.

Bobby again:  If GAry Torgo calls about Meah not calling him back its because of them not paying FEI for the parking garage.

Bobby:Its his tam their disputing 57,000 for work we performed on Mack and Woodward. typical white folk shit, when we talk I'll tell what Walbridge people are thing ant shit change I just a (expletive)

and that's it, the Judge calls a halt for the day.


AGent BEeckman is on the stand.   Chutkow is showing and email and the defense asks for a sidebar.


Chutkow up on re-direct.  ASks if the government has told him in any way to tailor his testimony.  No.

Chutkow asks about disclosure of donors, referring to check from Rutherford to the civic fund.

Miller says they had decided not to release the donors but it was mistakenly disclose by Phillips.  Miller says the Mayor was upset about it, that he messed up, that he didn't have to do that.

Chutkow asks about what the most important things.  Miller says other things are equally important as his family,  like atonement for his mistakes.  Says these are equally important, that there's no hierarchy, they're all number one.  Miller says his wife is divorcing him because of this.

Chutkow stand down.  Thomas replaces him.

Thomas asks if this process has gone on years.  yes.

Thomas asks if the divorce had anything to do with his being prosecuted.

ASks if papers have been filed.  Miller says he retained council recently.

Thomas asks if he hired a layer back then.  No.

Thomas asks if he separated back them  Miller says yes.  Miller says he can't actively descried it as keeping his family together.  Miller says he meant there were many things that were equally important.

Thomas asks if faith was equally as important as his son was.  Miller says yes it was equally important.

Thomas asks if his marriage was equally important and not "the" most important thing.  Miller says if your 'e going to keep asking me the same question I'm going to keep answering they were equally important.

Thomas says you didn't like going to church.  Miller asks the judge if he has to answer.  She says yes.  Miller says he didn't like going to church.

Chutkow objects.  Thomas says he's muddied it up.  SAys you did'[T like going to church.  He's not Christian.

Thomas is done, Evelyn and Shea pass, and Miller steps down.


Evelyn asks if Miller is allowed to talk to other lawyers, per his plea agreement, but he has to tell the government first.  Miller says he let's his attorney handle that.

EVelyn says the defendants will notify the government in advance if he was to talk to anyone other than his defense attorney.

Judge Edmunds weighs in to get Evelyn to clarify who he means.

Evelyn apologizes for talking too fast.  Says the Judge will decide your sentence but the government will make a recommendation about what is substantial assistance.  The enactment at this table sober here... he walks over to prosecutors.. they'll decide if you provided substantial assistance.  Miller says that's correct.

EVelyn says he has one more question.  You talked to MErcado after you left.  Miller says yes.

Evelyn says Mercado complained about having to deal with Bobby.  Miller says he doesn't know if MErcado was looking forward to not dealing with Bobby.  Agrees he told  Mercado about Bobby getting him in trouble with the Feds.

Evelyn says you were involved in bribe taking and other criminal activity and that's your testimony that you warned Mercado.  Miller says that's  mu testimony.


Evelyn asks about his relationship with Andrew Park, Dominic Pangborn, ASian Village, and SCAN.  ASks if contract was to put screens in downtown Detroit.  Not a success.  Miller says that's correct.

Evelyn asks if there was Homeland Security money, it was no bid, and Miller approved the contract.  Miller says he directed who the payments went to.

Evelyn asks if Miller advanced $450,000 to Park's company SCAN.  Yes.

EVelyn asks when phase 2 started before phase 1 was over.  Miller doesn't recall.

Miller says he was gone from the city by the time the final payment was made.

Miller says he did approve the first payment.

EVelyn asks if Park got paid the full amount even though the project wasn't' finished.  Miller says he believes so.

Evelyn asks about Comstat and how it was connected to SCAN.  Miller says he has to recall how all this was connected.

EVelyn asks if he was offered an ownership interest.  Miller says it wasn't a formal offer, they talked about if he left the city he might be part of the organization.

Evelyn asks if he took a bribe from Park for his approval of the project.  Miller says yes.

EVelyn asks about Miller's guilty plea.  Gives Miller a copy.


Court is back in session and the jury is filing in.


EVelyn indicates he's moving on to a new topic and the judge calls for a 5 minute break


EVlyn moves on to Miller's relationship with Tim Cook and Cassandra Smith Gray.  Miller says she was head of housing commission.  Evelyn asks if cook paid Miller  to introduce him Gray.  Miller says it's possible he got paid  to make the introduction.

EVelyn asks what is Fanny May and Freddie Mac? Miller says those are quasi governmental entities.  did you get paid for that.  miller can't remember, maybe.

Evelyn asks about a property on Fort Street.  Didn't you tell FBI agents you were going to share equity interest in the building with Cook.  Miler says he doesn't remember saying that exactly.

EVelyn asks what happened with the 151 Fort street building.  Miller says it got redeveloped in some other capacity.

Did you introduce Mr. Cook to Mr. Troy.  Did you discuss sharing in equity interest.  Miller says he doesn' T recall that being the specific economic interest.

Isn't that the way you and cook did business. Cook would give you... Miller says yes, there was consideration.


EVelyn asks about the Book Cadillac hotel.  Miller says it was an abandoned eyesore, a signature project, but doesn' remember if it was a highlight of the campaign.  Says a lot of agencies were trying to bring the project to fruition.

Evelyn asks if it was difficult to get it off the ground.  Yes, financing, first they needed public funds and they had to get non-traditional funds.

EVelyn asks if Kimberly Clark was the main developer.  Miller says yes.

Evelyn asks if we now have a beautiful hotel, a successful project, but Kimberly Clark didn't' finish the project.  Miller says yes.

Evelyn asks if there was a shortfall on the project and KC wanted the city to eat the loss.  Miller says yes, agrees that was an embarrassment for the city.

Evelyn asks which company came along to complete the project.  Miller says  a Cleveland company stepped in.

Evelyn asks who the construction manager was that took over.  Miller says either Walbridge or Barton Mallow.  Says it's been awhile so he could be off on that.

Evelyn shows him a letter.  Miller reads, it's not in evidence yet.  Judge Edmunds asks Evelyn to clarify what he means by recognize this letter.

Does it refresh your recollection about the Book Cadillac bid process.  Yes.

Chutkow objects.

Evelyn asks if Ferguson was a participant under Kimberly Clark.  Miller says not just by looking at this.  Evelyn asks him to look at second page.  Miler says okay, okay.

EVelyn asks if Ferguson had the lowest placed bid.  Judge Edmunds says the document isn't in evidence so this line is improper.

Miller responds that he does remember a dispute.

EVelyn asks if he testified that Ferguson wanted to be involved.  Miller says yes and agrees that a lot of companies wanted in.  Miller says it looked like Ferguson bid, says he remembers Bobby was working on it.

EVelyn asks if work was stopped because of a financial dispute with the city and there were no shenanigans going on to select bidders.  Millers says correct.


EVelyn asks about Tickets to a concert at the Fox Theater for "Earthquake."  Miller says he doesn't even like Earthquake, doesn't remember going, says it's possible he went but he doesn't remember.

Evelyn asks if he went out with Parker on other occasions.  Miller says he did but can't remember any specific times.

Evelyn asks if that's because it was a long time ago.  Miller says he can't remember he and his wife hanging with Parker and his wife.  Miller says he does remember going out socially with Parker on his own.

Evelyn asks about Meeting Dennis Oszust and Ferguson at the Mosaic restaurant to illustrate the Ferguson had some connection to the city.  Asks what he and Oszust talked about when Bobby stepped aside.  Miller says he can't reconstruct the conversation.

Evelyn shows Miller another document.

If is sounds like Evelyn is NOT wrapping this up in a nice neat little package with a bow on it... it's because he's not.  He's leaving a lot up to the jury to figure out.

Evelyn asks if he met Bobby at Mosaic and the purpose was to discuss another contract, 1369.  Miller says this does not refresh his recollection.

Evelyn asks if there's anything on the document that talks about 1368? No.

Are you familiar with contract 1368?  Not exactly.  Did Bobby ask you about 1369?  It's possible.

Evelyn asks if it wasn't 1369 then it was 1368.

Chutkow objects.  Judge Edmunds says he can't recall so she'll sustain the objection.

Evelyn asks if it was possible it was 1369 and not 1368.  Miller says it's possible.

I'm lost.


Miller reads another email saying Jackson will hold off making a decision under Mercado weighs in.

Evelyn puts up next email.  Miller reads that a patent infringement claim is holding up the contract.  Says they should use the special administrative order because of the patent infringement problem.  Kwame signed in April.

Evelyn says you were also asked about contracts aware to Ferguson's company Xcel.  Evelyn asks if the Detroit Building Authority had staff.  Miller says Robert Hill was there.  EVelyn asks if he was one of the more knowledgeable.  Miller says he doesn't know.

Evelyn  shows minutes for a project at  Cobo where the HIll recommended awarding the contract to White Construction/Xcel. 

EVelyn asks if the first phase of the project was completed.  Miller says the amount left over was less than what they needed for the additional work inside Cobo center.

Evelyn asks if Miller remembers voting on this project when he was on the DBA board.  Miller says no.

EVelyn shows another email from Bernard Parker.  It's to the top guys at Insituform, says Parker got a call from a high ranking official in the administration and Insituform would be victorious in upcoming fiscal years.

Evelyn reads the official recommends renewing our good corporate citizenship and being a good corporate Parker.  Miller says he can't remember giving Parker this advice.

Evelyn shows another email.  Miller says it sounds like something he would tell Parker.


Evelyn showing a fax cover sheet, Baby Creek, 02/10/2003 from the same exhibit.  then shows letter to Walbridge from the city notifying them they're the lowest bidder.  Feb 10 2003.

Evelyn now shows the "call me" text Miller sent to
Bobby on Feb 7 2003.  ASks if he didn't hear from him for 3 days.  Millers says correct.

Evelyn now asks about an email chain Miller testified about earlier.  Miller agrees he saw it and remembers testifying.  It's fromDan Edward of DWSD about Baby Creek.  Miller says it shows there were 3 bid protests and Edwards left a message with Audrey and that at this point they can't say who was the lowest equalized bidder and all the protests had to be addressed before the contract could be decided.  Miller says correct.

Evelyn says Hausman put if differently, he said Walbridge would get the contract.  Miller says correct.

EVelyn reads next email saying the protests could cause legal problems.  MNiller says correct.

Evelyn says Mercado got a copy.  Miller says yes.

Evelyn says it appears Audrey Jackson would be responding personally and contract wouldn't be delayed as long as we thought but that one bidder was contemplating seeking an injunction.  Miller agrees that's what it says.

Now another Bernard Parker email  Feb 12 2003, right after the Edwards email.  Miller reads he spoke with Edwards and Jackson the purchasing director would conduct the review.  MIller says correct parker had the same information within 45 minutes.

Evelyn says this was within 45 minutes of Edwards email and you probably spoke to Edwards.  Miller says yes.

Evelyn  says Jackson's original opinion was that Walbridge should get the contract.  Miller says yes.


Evelyn asks Miller about people who could see the mayor on short notice.  Did that include Tony soave.  Miller says yes.

Evelyn shows him a Lakeshore letter to Darryl Latimer the Contracts and Grants manager at DWSD.  Evelyn says Lakeshore was supposed to get part of the contract and Ferguson was supposed to get part and When Parker was talking about getting business this would take away business from Lakeshore.  Miller says ten outfalls were being bid on, would that take business away....  If you include it like that, yes.  that's the way it appears.

EVelyn says you testified about "Baby Creek".  Miler says yes.

Evelyn's shows an email from Ron Houseman to Rakolta at Walbridge referencing BAby creek on Feb 6 2003.  EVely read FYI in case you need specifics... it looks like we may have a jobbed but it will probably be a court fight over the Detroit Based Business ordinance.

EVelyn oaks if the email writer Ron Hausman had the raw bid numbers.  Miller says yes.

Evelyn reads that city administrators don't understand their own ordinance.  Miller says that's what it says.

Evelyn says it doesn't say anything about manipulation.  Miller say yes.


"All Rise"  Judge Edmunds enters the court room and asks if they need a sidebar.  Yes, so the attorneys file up to the bench.


If all those contract numbers were confusing... we aren't alone.. several other reporters were standing around in the hall trying to sort then out.  M.L. also pointed out to me that Rakolta is with Walbridge, and not Inland, as I wrote earlier.  Thanks M.L.

Also, I wrote that Evelyn was referencing 1361 but he went on to talk about 1362, don't know if I heard him wrong or if he moved on to another contract before I got it all typed in.


And Judge Edmunds says we'll take a 20 minute break before Evelyn moves on to a new topic.


Evelyn's says this memo refers to you saying you'd recommend giving parkers company not just 4 but 7 of the outfalls contracts.  Miller says that's what the letter says but he would have been listening and telling Parker he's have to refer this to MErcado.

Evelyn asks if Parker brought up Ferguson.  Asks if Parker also talked about Insituform moving away from INland and would the city still work for them.  Miller says he remembers.

Evelyn's says told him Inland's contracts wouldn't interfere with Insituform doing business with the city. Miller says he told Parker they could still do business.

EVelyns says so you told him even if he  walked away fro Soave they could still get business.  Miller says that's correct.


Evelyn now showing a list of invoices for contract 1368. (the outfalls contract) Asks Miller to note invoice dates if he can.  Wants him to look at the next page... July 18 2005 through April 28 2006.  Evelyn asks if Inland submitted invoices monthly.  Miller says yes.

Evelyn asks if the total at the bottom reflects that INland was paid monthly.  Miller says yes.

Evelyn now shows him another document and asks if he's ever seen something like this.  Miller says he thinks so.  Evelyn hands Miller a copy.

EVelyn asks if this is a record of payments.  Miller says yes.

Asks if it looks like Inland invoiced and was paid regularly.  Miller says it does look like that.

Evelyn says one of the complaints was that contractors didn't get paid regularly but this shows Inland got  monthly invoices and monthly payments without interruption.  Miller says that's correct.

Evelyn says you were asked about a contract DWF 849. Miller says he thinks it was 948, he can't remember the number but it was a Lakeshore contract.

Evelyn says he's show him a government exhibit.  It's an email from Bernard Parker to Insituform.  Evelyn asks if this is about a meeting with Parker. Miller says he met with him.

Evelyn asks if Parker is a friend.  Miller says they're friendly, not an intimate friend.

Evelyn asks if Miller talked to Parker about 849 and future opportunities.   Miller says they talked but he doesn' T clearly recall talking about future opportunities.

Evelyn asks if Edna Bell was also at the meeting.  Miller says she used to work in government but is now a consultant.

Asks if the email talks about taking 3 of the 4 outfall contracts and giving them to Insituform.  Miller asks him to repeat the question.

EVelyn asks if parker wrote about putting outfalls contracts into the Insituform contract.  Miller says that's his interpretation but he recalls talking about it.


Evelyn asks if Miller remembers complaints relating to these contracts.  Miller says yes.

Evelyn shows a complaint from Sheila Dapremont.  Miller reads, her company didn't hold a current demolition license, was the 18th lowest bidder, they awarded ten contracts, that her company was leaving Detroit but hoped when they bid more contracts they hoped she participate.  Letter was signed by Building and Safety Director Amru Meah.

EVlyn asks if Miller remembers testifying about 1361 and 1368 (these are DWSD sewer and water contractor)  Miller says he doesn't recall seeing a document that 1361 was being held up.

EVelyna asks if the hold up was from the previous administration.  Miller says he testified that the contract had not yet been awarded.

EVelyn put up an interoffice memo relating to 1325 and 1368 from DWSD to then Director Jackie Jordan, about the expiration of Inland waters contract and asks that a separate contract be bid out.  This is for the emergency "as needed" sewer repair.

It's dated January 16 2001. ARcher was still Mayor.

EVelyn now  shows a summary of payments made under this contract. show that 1325 was completed.  This was for INland.

1368 was also to INland, 5 amendments for a total contract price of $138 million.

Now showing a letter about 1368 dated Dec 19,2001.  This talks about combining 1362 and 1368.

EVelyn now showing a fax cover sheet from march 33 2002 about 1368.  EVelyna asks if the amount is 291,000.  Miller says yes.

EVlyn switches to another interoffice memo from DWSD to Jackie Jordan again.  Miller reads DWSD did not approve payment because they didn't get council approval and won't pay it until Council approves it.  Miller says council has to approve it and the amendment.

Evelyn asks if that's the last step in the process. Miller says yes


Evelyn asks if Miler remembers an investigation by city council into contract over runs for demolition contracts.  Miller says yes.

Evelyn asks for a document, and Thomas asks for a sidebar.

Kwame leaves the room.

Evelyn continues, hand Miller a document, a journal of city council approvals of contracts.  ASks about an approval for...  Miller is leaning all the way forward and squinting at the document... asks Evelyn to help him out...

Evelyn handed him the first page of the document and what he was looking for was on the second page.

Got that squared away.  Evelyn asks about a specific request for an increase on demolition being done by Farrow for Additional work.  Miller says yes he sees it and it's a request for more money for additional work.

Evelyn asks about Gibson brothers, same thing.  Miller says yes.

Evelyn says all these contractors bid on the same contract.  yes.

Alls asking for more money to cover additional work?  yes.

EVelyn points out that half a dozen or more contractors got work under this contract to tear down houses and all got more money to do more work, to tear down more houses.  Finishes with Ferguson Enterprises and $150,000 increase, asks if that's a little smaller than the rest but still in line.  Miller says yes.

Evelyn asks about Miller testifying about Council's concern about increases that he only  mentioned FEI.  Miller says correct.

Chutkow objects and says Evelyn could be talking about any time frame.

Judge sustains.

Evelyn asks Miller isn't it true that when these contracts were let there were both residential and commercial demolitions.  Miller says yes.  EVelyn says you needed a license to demolition residential buildings.  Miller says yes.

Evelyn asks if there were 19 companies that bid for residential demos.  Miller says he doesn't know how many but to his knowledge it was a competitive bid and the lowest bidders were picked.


Evelyn asks if everyone was concerned about minority businesses getting work.  Miller says yes.

Evelyn asks about Adamo complaining about Ferguson.  Asks if ADamo told him there was bad blood with Ferguson.  Miller says yes.

Evelyn asks about Mike Farrow, that Bobby was stepping on his business and Building and Safety Dept. wasn't giving him work.  Miller says he didn't talk to Bobby about Farrow.

Evelyn asks if Miller investigated a particular contract.  Miller says he thinks there was a contract related to the riverfront.  Evelyn asks if it was with the riverfront conservancy you'd remember it.  Miller says he just can't remember which specific contract, there was overlap between the city and the conservancy.

Miller says investigate is real specific but maybe he looked into something for Farrow but he can't recall specifically.  Says he may have had 2 or maybe 3 meetings with Farrow.  SAys Farrow did get back to him and thanked him for something, getting some work, related to the riverfront.


Evelyn asks if the program was so successful that the city offered to pay Bobby and his co-chair to stay on.  Miller says he doesn't know if that happened.

Evelyn asks if making sure minorities and Detroit Based businesses got work, and got it within the law, was important.  Miller says yes.

Evelyn says getting those businesses work was important.  Miller says yes, he was a part of that.

Evelyn asks if the contracting, construction business, was competitive and it wasn't unusual for people to complain.  Miller says he heard a lot of that.

Evelyn asks if he was busy when the administration first took over.  Yes.

Asks if there was a priority of importance evaluating people who wanted to meet the mayor.  Miller says some people could get a meeting sooner that others.  Evelyn says like Roger Penske.  Miller says yes.

Evelyn asks about Mr. Karmanos.  Miller says yes he'd get a meeting.

Ted Gadsaros.  Miller says he was the former owner of the greektown casino and would get a meeting.

What about John Rakolta?  Miller says maybe not at first but certainly later on.  (Rakolta head up Inland Waters I believe, Evelyn didn't ask Miller who he was)


Evelyn asks Miller about grants, and the paperwork Bobby's wife submitted to the state for the grants they got from the state.  Miller says it was his understanding that the documentation didn't have enough detail, didn't address the scope of what the money would be used for, and didn't say what future money would be spent on.  (These are the arts grants they're talking about)

EVelyn asks if Miller is a construction Expert.  Miller says no, says he wouldn't know if people in an office were interns or workers or what specific tasks they might be working on.

Evelyn asks if Ferguson's company was the biggest of it's kind at the time in Detroit.  Miller says yes.

Evelyn now asks about the ID badge with Ferguson's picture on it.  Evelyn asks about Motor City Makeover and if Bobby was a co-chair of that effort.  Miller says yes.

Evelyn asks if that took place over several years and was a priority of the administration.  Yes.

EVelyn asks if Bobby had the ID badge was because he was working for the Makeover.  Miller says he doesn't know what the ID badge was for but admits it could have been for the Makeover.

EVelyn asks if the other co-chair also had an ID badge.  Miller says he doesn't know.  Evelyn says if he had one as co-chair it would have been a proper use.  Miller says if the Mayor wanted him to have one yes.

((so let's see the guy's ED badge, Eh.  EVelyn hasn't shown it to us yet.)

Evelyn asks if the program saved the city millions of dollars.  Miller says yes.


"All Rise."  Judge Nancy Edmunds takes the bench.  She greets the jury and turns the podium over to Mr. Evelyn and reminds Miller he's still under oath.

Evelyn starts by asking if Miller got a degree in biology and did he get his degree before starting with the city.  Miller says yes.

Asks if he knows Bernard Parker and his Dad.  Miller says the elder parker was involved with the youth baseball organization when he was playing ball.

Now he asks if Miller was Chief Administrative Officer.  Miller says he reported to the Mayor at the cabinet level, was in charge of communications, over-seeing strategic management, homeland security, and others.

Evelyn asks if DWSD was part of his job.  Miller says no.

Evelyn asks if a number of contracts were put on hold when Mercado came on board.  Miller says he can't speak to that and EVelyn moves on.


The pictures are up in the overflow room and the defense attorneys are at the defense table.  Kwame Kilpatrick is sitting at the opposite end from where he usually sits, talking to his father Bernard.  Gerald Evelyn is reading documents.  Derrick Miller is just now  sitting down in the witness stand, cleaning his glasses, and not looking at the defendants.  The chair Kwame is sitting in is attorney John Shea's chair and it's closest to the witness stand.

Kwame gets up and moves around the table to take his usual seat without looking at Miller.  Shea takes his seat and now we're just waiting for Judge Nancy Edmunds to enter.


Long time Kilpatrick pal Derrick Miller will take the stand again this morning.  Bobby Ferguson's attorney Gerald Evelyn will get his chance to cross examine Miller.  So far the defense has made the point that Miller was also taking cash under the table and wheeling and dealing to weasel in on big real estate deals involving pension board money.  No big surprise there since it seems that no one involved with the Kilpatrick administration was free of the taint of corruption.


Good Morning from the Theodore J. Levin Federal Court House in a bustling and busy downtown Detroit.  The crowd for the North American International Auto Show was out in force this morning and for the first time in months the sidewalks were filled with people and the streets around Cobo Hall were jammed with cars.

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

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