Live Blog: Kwame Kilpatrick Trial Day 56 - FOX 29 News Philadelphia | WTXF-TV

Live Blog: Kwame Kilpatrick Trial Day 56

Updated:
DETROIT -

Judge Edmunds call it a day. Reminds the jurors not to watch TV, wishes everyone a good holiday weekend, and excuses the jury.

Testimony is done for the week, but we'll be back on the air at 5 and 6. M.L. Elrick will have his take on the testimony on Fox 2 News, plus, his unique look at the Kilpatrick clan, the trial, and the City of Detroit, and tonight, one that got away, "5 guys... and a Felon" on MyFoxDetroit.com. 

Talk to you all next Tuesday.

12:59

another tape; Rosendall tells Bernard that Akuna is going to send him an invoice. Bernard says then I'll get money tomorrow morning. Rosendall says you guys are all straight.

Shea says you said your phone was burning up, Akuna called you and asked for her money, you were thinking quickly and told her she needed to send an invoice. Right.

Shea shows Akuna's invoice from her company Black Onyx. Says you had to have given her a number right? $5,000 is a far cry from the money they were expecting, why not a bill for $50,000. She got the figure from you. That's probably right.

Shea asks if you told Bernard I got to get it from her though, that the payment was being processed. Yes.

Shea asks about an email he sent to Racey and an email he got from Akuna with the invoice. Says you didn't have any discussions with the guy processing the paperwork. That's the way it appears.

That money didn't get paid before Christmas. No.

You told Bernard that you were bringing some money to apply to the invoice. Rosendall says he doesn't know if he said it applied to the invoice cut he told Bernard he was bringing him some money.

Shea shows a transcript of the pancake house meeting. Bernard says I thought you told me you was going... had a check for today.

Shea says you're still talking about the money in either cash or check. Asks if Bernard said he wanted a check. Yes.

Shea says you're responding to the money you discuss back in December. Yes.

Shea says they didn't take the cash so that invoice was still outstanding.

Shea says Akuna's invoice was not paid even up to March 2008. Rosendall says no I don't believe so.

Judge Edmunds alerts Shea that a juror wants to see the transcript again.

Judge tells Shea he needs to stop in 5 minutes.

Shea says okay, asks at the end of the first encounter you talk about how long you're going to be gone. Yes.

No date or times talked about at that time. Correct.

Shea says the same 5 grand request in the 2007 invoice, that didn't get paid by March 2008. the same 5 didn't get paid. Yes.

Shea says he has 20 more minutes so let's break hear.

11:44

Shea plays another tape: Rosendall tells Bernard the CEO is going to call Ray tomorrow to get on board.

Shea says this is partially true. That's correct. But it wasn't true the CEO was going to call Ray. Correct.

More tape: Bernard says we'll have a nice sit down. Rosendall tells him he wanted him to know things were moving along. Bernard says have a nice trip. Did your folks send you anything, do you have their stuff?

Shea says did Bernard ask you if your folks sent you anything what's he talking about. Rosendall says it's either a check or the agreement.

Shea says wasn't he also referring to a bank account routing number. Yes.

Shea says the goes to the pancake house conversation and the success thing. Yes.

More tape: Rosendall tells Bernard his boss got involved to help straighten things out. Says at the end of the day Ray wouldn't have been involve if not for Bernard.

Shea asks if Bernard Believes Synagro is apprised and he'll get money the next day. Yes.

Shea asks if he had additional conversations with Bernard and Akuna. Rosendall gives a wry smile and says, "I think you're going to show me." Shea says, "I hate to be predictable."



11:37

Shea plays more tape where Racey tells Rosendall this is a reflection on him, they don't want to be doing business with people like that. Rosendall tells her and it's wrong.

Shea says she's telling to Rayford had an obligation and he had to honor his obligation if he wanted to move forward. Rosendall says yes.

Shea plays more tape: Racey tells Rosendall it's his responsibility, he has to hold up his end to or she won't trust him. Rosendall says Rayford wants to go further than this.

Shea says this is two weeks later than the first conversation and you're both talking about Rayford having an obligation to Bernard and it's a trust issue. Rosendall's answer is yes.

Shea plays another tape: Rosendall say he's at a full loss with this thing, he's going to talk to Rayford tomorrow. Racey says this will be done by February. She says she doesn't know how much time he's got with the other guys, but it's time to get Ray cracking and tell Ray he's got to get moving. Rosendall's reply is he's going to tell Rayford he's not going to let him sit around and do nothing.

Shea asks if he and Racey are on the same page. Yes.

More tape: rosendall says that's how I found out there might be a play at the 2211th hour. Racey says you can't form a partnership with people like this... a deal is a deal. Rosendall says they've been doing business that way for a long time. Tells her Kwame is not involved in it.

Shea asks she's saying why doesn't Kwame get involved in it. Right. Kwame's not involved. Correct.

Shea asks you're talking about playing hardball with Ray but he never honored his agreement with Bernard. Correct.

11:25

Shea introduces another phone call from December 2011. on the tape Rosendall tells his boss Pam Racey about the deal between Ray, Bernard, Akuna, and that it sounds like Ray is cutting her out, there's a pissing contest going on. Says he met with her and she's pissed. Says he told he she had nothing in writing, doesn't know what he can do, don't need them making waves for him.

Shea asks if this is the first time he's spoken to Racey about this issue. Rosendall says not really, but yes.

Shea then asks if you're telling her things that aren't true, like you met with her today, and you just found out about it. Yes.

You didn't disclose to her your complicity. That's correct.

On the tape: Rosendall says he told Ray you have to remember there's an ethics thing there, we don't have an agreement with BK. As far as I'm concerned that Ray doesn't have an agreement with BK.

Shea asks and Rosendall agrees he's misleading her.

On tape: Racey asks wouldn't Kramer call out Ray for that. Rosendall tells her again he just found out about it.

Shea says again you're pretending to Ms. Racey you just found out about the problem and it sounds like they had a falling out, Bernard, Akuna, and Ray. Rosendall says and the Mayor.

Shea says but the mayor had nothing to do with it. Rosendall says but he was telling Racey that.

Shea says but you were referring to Bernard and Rayford. Rosendall right he wasn't talking about the Mayor in that conversation.

Shea says you never told police about any relationship with Rayford going south. True.

11:14

Shea plays a tape about Rosendall and Bernard setting up a meeting. Shea says it was you who told him you wanted to meet in the parking lot. Yes. Bernard didn't says anything at this point about his phone being bugged. Right.

Shea was referring to Rosendall's testimony yesterday where he said it was Bernard who was worried about bugs and wire taps.

Shea now introducing another tape. Jackson: what did he say. Rosendall laughs.. says they won't give you another contract until they adjust Ray's. Says Bernard told him it looks like Akuna and I are out. Tells Ray he told Bernard it was up the general council...

Shea asks if you're telling Jackson you carried out the plan they discussed. Yes.

Shea refers back to the 2004 FBI recording at the pancake house. Bullotta says it's DEC 4 2004.

Shea thanks him and asks Rosendall if they were talking about re-working the agreement Bernard would share in. Yes.

You talked about the signing bonus. Yes.

Bernard was hoping it would be before Christmas, Bernard was broke. Yes.

Shea asks if he encouraged Bernard to believe he would get paid by Christmas. Yes.

He's upset isn't he. Yes.

Because you told him the agreement wasn't getting re-worked and he wouldn't get the bonus before Christmas. Correct

and that when he makes the comment about blowing up the house. Yes.


11:05

We're back, Shea is asking Rosendall about what he was going to do to deal with Bernard's "vacation or no … vacation." Voice message.

Shea is going to play another call.

BK: damn man,.... I'm on the treadmill, trying to work off some of this... mentally and physically. Rosendall: the general council got involved.... this got taken out of my hands....

Shea asks if he's talking to Bernard shortly after talking to Rayford and you're carrying out your plan. Yes.

Tape: Rosendall is telling Bernard that Synagro has paid Ray and the company general council asked him not even to get involved with it.

Shea asks if that's what you talked about with Ray.

Rosendall says in the language in Synagro's agreement with Jackson there's a fee that's supposed to

Shea asks if this was an excuse to Bernard for why he wasn't getting any money. Rosendall says yes.

Tape: Bernard asks if Akuna's thing is out. Rosendall says he's going to have to get with Ray Because they can't have two contracts out there.

Shea asks if he's giving Bernard another lie. Yes. Blaming it Synagro's lawyer. Yes.

Tape: Bernard says he heard Ray was getting paid all along... Rosendall says Bernard need to tell him because Ray isn't telling him everything. Bernard says he's really pissed off... for somebody who made it happen... they want it all their way, and Ray is out to make everybody... Rosendall says at that point he had noting to do with Ray. Bernard says Ray out slicked you. Rosendall says that appears to be true.

Shea says Bernard is postulating that Ray was cheating him but Rosendall didn't tell Bernard about the conversation with Ray. Rosendall says I did not tell him about that.

10:33

And the Judge calls for a 20 minute break.

10:32

Shea plays a recording where Rosendall tells Jackson he'll string Bernard along.

Shea says Jackson tells him "he's not going to stop that man from signing the deal" Rosendall says he's talking about the Mayor.

Shea says Jackson is telling you Bernard doesn't have any juice. Rosendall says he's insinuating that.

Shea plays another recording. BK hasn't called you? Don't bring that up I'm knocking on would. Last time he called you he didn't bring it up...laughter.

Shea says this is another example you and Rayford talking about modifying Bernard's agreement. That's correct.

Shea plays more where they talk about Bernard's sub contract.

Shea asks you said down play it with Bernard. That's correct.

Deflecting him to make money some other way with the Synagro contract. Yes.

You talked to Bernard about that. Yes.

Shea has Rosendall read another document now, says let's flash forward to the "call me, vacation or no … vacation."

More tape. Rosendall says I'll meet you up there to Jackson. Tells him about the nasty voice message, tells him he told Bernard he was in Philadelphia when he was not.

Shea asks if he lied to Bernard about what he was doing. Yes.

Says you told Bernard you were meeting with the CEO and that was a lie. Yes.

More tape; Rosendall says his bosses got into the whole ethics thing...

Shea asks if you were reviewing what you were going to tell Bernard. Yes

More tape: Jackson suggest you can't do anything for Bernard because Ray is under investigation.

Shea asks if that would also be a lie if you Bernard that. Yes.

More tape: Jackson says Bernard can't ague about it if they tell him there's an FBI investigation.

Shea says you two are scheming about what to tell Bernard to put him off. Right.

10:18

Shea asks about a receipt from Sinbad's, asks if it has initials JR and BK? Yes.

Another receipt from Sinbad's, July 55th, 2005, JR and BK. Yes.

8/23/2005 receipt, initials JR, BK, and Rayford.

10/25/2005 with BK again at Fishbone's.

Another meeting with Tardiff, Jackson and Bernard. Yes

Receipt from Southern Fires with Tardiff, Runco, John Francis, BK. Shea says this may have been on another topic because Bernard represented Francis and Runco.

Goes through more receipts of meetings with Bernard and others. Rosendall acknowledges them all.

Shea asks if Tardiff left. Rosendall says yes.

Shea says the fact is you had a lot of meetings with Bernard and Rayford. Yes.

Shea asks if in 2007, Rosendall, Ray and Bernard talked about including Akuna Olumba. Yes.

One reason was to have her solicit minority participation. I Believe that was the case.

Shea asks if it was also to protect Bernard's interest. Rosendall says that's the primary reason.

Shea asks if that was because Synagro didn't want Bernard's name involved. Yes.

Shea asks if there was a problem because Rayford didn't want his contract changed. Correct.

Shea, so you didn't advance that idea with Synagro. That's correct.

You told them you were getting that done but you were not. Rosendall says no, he had discussions with Pam Racey, (worked out of the Synagro office in Baltimore)

Shea says you were not advancing this. Rosendall say that's correct.

Shea says you were putting him off. Correct.

10:05

Shea asks if Synagro was concerned that working with Bernard would look bad because he was too close to the Mayor. Rosendall says he did discuss that with Bernard.

Shea says even after you were referred to Jackson you knew Bernard retained a financial interest with Jackson. Yes.

Shea asks 50/50. Rosendall says that's what he came to understand.

Asks even after he was referred to Jackson that Bernard remained in the back ground in a sense. Yes.

You heard Bernard say the Ray didn't have contacts at the Water Dept. or other city contracts. Rosendall says yes I heard him say that.

Shea asks if he lived in Grand Rapids at the time. Yes.

Shea asks if he had lunch meetings, some with Bernard. Yes

With Rayford Jackson and Bernard. I wouldn't say that.

Shea pauses, goes to prosecution table and shows them documents. Then moves to witness stand to hand documents to Rosendall who says these look like receipts.

Rosendall says I guess I'm assuming they're mine.

Shea says these are for meals you submitted to Synagro, business related meals and you marked who you were with. Rosendall says correct.

9:57

Shea asks if within a week Bernard turned him over to Rayford Jackson. Rosendall says a week or two.

Shea asks if he worked with Bernard for months before working with Jackson. Answers he doesn't recall that.

Shea asks if he started working with the feds two days after the traffic stop, you met with them all the time, weekly. Yes.

Shea asks if he had lots of interviews. Yes.

Shea shows him a report to help him remember when he started working with Rayford Jackson.

Asks him to read it, points out a specific paragraph, says read it silently. Aug 2 2008 report.

Shea asks is it fair to say the report says when you were referred to him but you don't recollect. That's fair to say. Rosendall says the document appears to say he was referred to Jackson later.

Shea asks if that's the case then you were working with Bernard for several months. Yes.

Didn't you ask Bernard to set up a meeting with Victor Mercado. Rosendall doesn't recall.

Shea asks if he can approach the witness, hands him two documents. These are defense exhibits. Asks if he now remembers asking Bernard to set up a meeting with Mercado. Rosendall says yes he did request a meeting.

Shea shows a text exchange between political consultant Tardiff and Bernard.

T: coo he Jr was wondering if you could set up a meeting with victor early net week

B: I am working on that now

T let me know if I can help.

B; will do

now text from Rosendall to Tardiff

R; anything from Victor or BK yet.

T: his people are going over it.

Shea asks if this is an example of Bernard doing work. Rosendall says he doesn't recall a meeting.

Shea says this says he was doing work. Rosendall says it suggests he's doing work but it he doesn't know he was doing work.

9:43

Shea asks if another operation was going on at the time, a compost operation. Yes.

Asks if there was community opposition. Yes.

Some officials were more receptive than others. Yes.

Some officials were concerned about the community concerns. Yes.

So you testified that in 2002 the Mayor told you Derrick Miller would be his primary contract. Yes.

You had meetings with Miller about dealing with the community. Rosendall says he doesn't remember talking to Miller about this, they talked about minority participation. Says he doesn't recall talking to Miller about using Bernard.

Shea says he's asking because Miller testified he talked to rosendall about using Bernard to help with community issues. Rosendall just doesn't recall.

Shea asks about the consulting firm Synagro was using, and what was there expertise. Rosendall says liaison between companies and government.

Shea asks if they had a Detroit presence, if it's helpful to have local people. Yes.

Would you agree that the administration might think it important to have some one local. Rosendall says possibly yes.

Asks if Bernard Kilpatrick was knowledgeable about the local political landscape. Rosendall says he doesn't know how knowledgeable lust that he was connected.

9:35

Bernard's attorney John Shea is cross examining, is asking about privatizing waste disposal. Asks if waste disposal is expensive. Yes.

Asks if Detroit was strapped for cash, that this deal was a "win, win." Yes.

Asks if the City saves money and the company makes money. Yes.

Saves the City a bunch of money. Yes.

Asks if it's a big deal for Rosendall, if he'd make money, and what he would make. Rosendall says several million dollars over 25 years.

Shea asks if he owned the land the facility was going to be on. Rosendall says he would have made millions selling the land to Synagro.

Shea asks if the process took years, from 2001 to 2007, the process went through lots of steps.

Would DWSD do an evaluation. Yes.

Synagro wanted a longer contract than Minergy had. Yes. (they talked about Minergy yesterday, the company that had the sludge hauling contract at that time.)

Shea asks if they were in a long regulatory review process with the City. Yes.

Asks if there were frustrations with the pace of the process. Rosendall says, here, yes.

Shea ask if he thought the project had real value. Yes.

You hoped this would be a win/win for the City and Synagro. Yes.

Rosendall said had the Mayor still had his special administrative powers the process would have been much easier.

9:24

Bullotta is back, asks what did you think Bernard meant by "him." Rosendall says the Mayor. Adds it would have been a big loss for Synagro.

On the tape, Rosendall tells Bernard he appreciates what he did.

Bullotta asks if he met Bernard again at a different pancake restaurant in Southfield. Rosendall says he gave Bernard another $2500. Says the FBI reimbursed him for the money he got out of his account.

Rosendall says at the meeting he and Bernard discussed the deal again.

Rosendall says he plead guilty to Conspiracy to commit Bribery, went to prison and served his sentence, and will be on supervised release for about another year.

Bullotta asks if he was charged because of the money he gave Bernard. Rosendall says yes, that and for Monica Conyers.

Judge Edmunds tells the jury she was not the sentencing Judge in Rosendall's case.

9:18

"All Rise." Court is in session. The Jury is seated and Judge Edmunds reminds Rosendall he's still under oath.

Mike Bullotta is asking him if he remembers that in the video shown yesterday Bernard held up 5 fingers. Rosendall says after that he went to his bank and got 5,000. Says he got the money out of his own account because he could get cash faster than the FBI.

Bullotta is now going to show another video tape. Rosendall identifies a still picture first of Bernard's apartment building.

The tape shows Bernard walking through the front door. On it Rosendall tells

Bernard he "cares about you guys" and gives him $5,000. Says he's done everything you guys have ever asked him to do. Bernard tell Rosendall that one guy made that happen.

Bullotta stops the tape and asks Rosendall what Bernard was talking about. Rosendall testifies that Bernard was saying that the one guy was Bernard himself, he made it happen. Rosendall says Victor Mercado said no.

Rosendall also told Bernard on the tape that "the Mayor told me to work with you, and you told me to work with Ray.'

On the tape, rosendall says you scared the shit out of me when you said you'd blow up the deal... Bernard says I thought about it, I could have him blow it up, have him delay it for two years.

Rosendall testifies that Bernard was saying the Mayor would stop the project.

Thomas is objecting. Judge Edmunds says he's just offering it for his state of mind.

Bullotta asks for a side bar anyway.

9:03

The picture is up in he overflow room and we're waiting for the Honorable Nancy Edmunds to take the bench.

8:59

Good Friday Morning from the Theodore J. Levin Court House.  James Rosendall, Synagro, and more undercover video, should be another interesting morning.


Ken Martinek is Senior Producer-Investigations for Fox 2 News. You can contact him at ken.martinek@foxtv.com

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