Live Blog: Kwame Kilpatrick Trial Day 64 - FOX 29 News Philadelphia | WTXF-TV

Live Blog: Kwame Kilpatrick Trial Day 64

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DETROIT -

The prosecution has no more questions, Kizzi step down and Judge Edmunds excuses the jury for the weekend, reminds them not to watch television coverage of the trial, but you can! M.L. Elrick will have trial highlights tonight on Fox 2 news. Have a great weekend.

1:00

Montgomery says the gifting was a sign of affection for the Mayor. Boss I love you, but $100 worth.

Montgomery says she never heard Kwame ask for money, others asked on his behalf.

Thomas is done.

Chutkow up, asks if gifts were expected. Yes. Asks what her starting salary was. $32,000. Says one year the Mayor did hand out 50 dollar target card. Says the Mayor got a Rolex watch and a golf vacation. Says she never got a Rolex watch.

Thomas up, asks if she heard the Rolex cost $2 0,000. No. Thomas says that's beautiful gift to give a boss. Yes.

Thomas asks if she had a problem giving gifts. No. you had great affection for the Mayor yes. No further questions.

12:53

Thomas calls the next witness, Kizzi Montgomery, she worked in the Mayor's office, was in community relations. She would do advance work when the Mayor was going out to public events.

Says she worked with the Executive protection unit and sometimes traveled with them, coordinated with them on security issues.

Thomas asks if the EPU team was assigned to do advance work also. Yes, Mayor traveled with them all the time.

Thomas asks if she had to know the Mayor's calendar. Yes.

Montgomery says she did a lot of logistics work to keep the Mayor on schedule, says he only had limited contact with the Media.

Says she did this job 2 years and was at most of the public events with the Mayor. Says she reported to the communications director who reported to a cabinet officer.

Thomas asks how many department directors worked with the Mayor. 25. How many in the cabinet. 10 Maybe.

Montgomery says there were probably about a hundred other employees Kwame appointed. Says their was gifting going on, says staff donated.

Thomas asks if the gifting was required. Montgomery says it was expected. Says they started giving 20 or 25 dollars. Says the price went up and her last "gift" was around $100.

Says she now works for Mayor Dave Bing. Says she doesn't know the total that was given.

Thomas asks if she's aware of the gradient with cabinet employees. Says Directors were asked for 500 and cabinet members were asked for $1000. ( Hope my boss isn't reading this an getting any ideas.)

Thomas asks about splash of red party at the Antheneum. Montgomery recalls a lot of people were there and recalls Gifting. Says she remember Don Barden requesting gifts, there was an urge for gifts. Thomas asks her what Barden said. Says not the exact amount. Thomas asks if it was a substantial amount. Yes. Doesn't remember seeing other people giving gifts.

12:35

Judge calls the attorneys to a sidebar and gives the jury a 5 minute break.

12:34

Tandy says Larry Foote donated $20,000 last year, another donor gave $5,000. Naughton asks if the Kilpatrick kids played for the Cubs. Tandy says yes 2003,2004, 2005, and 2007, says the Kilpatrick's could afford to pay to play so the Civic Fund checks were purely donations.

Naugton asks if he attended Kwame's birthday party. Tandy says it was at the Antheneum. Tandy says it was packed, 800 or a thousand people. Says it was a large ballroom. Tandy says people were giving gifts. Tandy says he gave a hundred dollars, says everyone
Ramen noodles the rest of the week.

Eric Doeh up for cross, says once a cub always a cub right. Tandy laughs and says yes,

Doeh shows him the articles of incorporation for the Fund. Asks if during the years that the Cubs got donations from the Fund the Kilpatrick kids played. Tandy says all but one year. Doeh asks if the total was around $10,000. Asks him if he sees the Fund advertised that they supported the Cubs. Yes.

Doeh is done. Naughton asks if he objected to the Civic Fund using the Cubs in solicitation letters. No, Judge Edmunds excuses him and Tandy says "and we still need a donation to the West Side Cubs...." The room breaks up in laughter.

12:22

Tandy says the Cubs have won championships, the cheerleaders won a national championship last year, the community rallies around the teams. Says the neighborhood is rough, the team is a safe haven for the kids. Wonderful program. Says they now have players in colleges all over the country. Says Larry Foote who played for the Steelers used to says he played for the West Side Cubs sometimes instead of saying He played for Michigan. ( I've seen a few Steelers games when Foote did this in the taped TV introductions, it was pretty cool.)

Naughton introduces an exhibit, a check for $2500 from the Civic Fund. This is for the 2004 Season. Another check in 2005 for $1250 for pants for the cheerleaders. Next is $1800 in 2006. 2007 check is for $2500 and says football in the memo line. In 2007 the fund gave the cubs $760 and $1000 checks.

Tandy says this was when they had a break in and they really needed help that year replacing stolen equipment, it was also the 50th anniversary. Tandy says every team in the league got a donation from the Civic Fund, something like 20 teams and $20,000.

Naughton moves in checks that went to the other teams.

12:09

Thomas asks if Rayford told the grand jury at one point that Phillips was at the last meeting of the board.

Judge Edmunds admonishes him for improper questioning.

Thomas asks if he told the grand jury Phillips wasn't a board member so he couldn't vote on whether to pay Kwame. And that hat Phillips didn't object. Rayford says that sounds right.

Thomas asks if he told the Grand Jury that Phillips was there and gave advice. Rayford says that's what he told the grand jury about the meeting at the Manoogian Mansion.

Thomas asks if Phillips was at the meetings and was the lawyer. Rayford says he was glad to have him around to make sure they always followed the rules.

Thomas says Bullotta showed you some checks and the Articles but not the restated articles. Bullotta says he's leading the witness. Thomas says he's not. Judge Edmunds says your are Mr. Thomas. Thomas says I should be able to. Judge Edmunds says the rules says you can not. And I say you can not.

Thomas moves to the Yoga checks, says the date is 9-3-2003.

Thomas asks for the check ledger. Asks him to look at the total which the government says went to Kilpatrick inappropriately.

Thomas asks if he knows how much money the civic fund collected between 2001 and 2008. No.

Thomas tries to sneak in a question the Judge already told him he couldn't bring up, asks if he knows.... Bullotta objects. The Judge Sustains.

Judge Edmunds now says Thomas is trying to put the witness in the mind of Beatty (who signed the checks) Tell him the questioning is not allowed.

Thomas asks if he thinks the yoga check, the DeVille, were inappropriate expenditures. Rayford says no.

Thomas asks him if the great wolf lodge trip was repaid. Rayford says he has no knowledge.

Thomas is asking a whole bunch of questions he knows will be answered no. Which he just complained the Prosecutors were doing. Bullotta objects. Thomas says but... Judge Edmunds says, "NO!."

Rayford steps down.

The defense calls Mr. William Tandy to the stand. Mike Naughton is questioning, asks what his back ground is, says he works at outward bound program at Wayne state University, has a back ground in Psychology. Say it's the upward bound. Working on PhD in Education, Masters in Social work.

He's popping his P's and the Judge and jury are complaining he's hard to hear.

Says the program he directs helps kids get to college. He's also athletic director of the West Side Cubs football team. Most winning est team in Detroit.

Naughton runs him through all the age groups of the teams.

Tandy is a warm, round faced, and earnest guy, with a friendly smile. Looks like a kid's coach.

11:49

"All rise." Court is in session, the attorneys are back at the their tables. Erik Rayford is standing in the witness box. He's a burly bear of a guy with short black hair, glasses, a mustache and beard.

Judge Edmunds sustains the prosecutor's early objection. Thomas says he has only one more question, give a document to Rayford to refresh his memory about when Kwame stepped down. He's done.

Bullotta up on cross. Asks if he met the Mayor at Cass Tech. Asks if he took trips with Kwame and Bobby. Yes, Jamaica. Says he has talked to Kwame in the last few months. Says Kwame stopped by his home.

Bullotta says he wants to ask a question but want to run it by the judge on a sidebar first.

Bullotta asks if Kwame was still in control of the Civic Fund. Says he participated in meetings.

Asks if the person who controlled the check book was in Charge. Rayford says he never ordered, asked or , was involved in how money was spent. Bullotta asks if he knows how the money was spent. Rayford says not directly.

Asks if he knows what the tax code rules were. No, he doesn't.

Bullotta ask if Ayanna raised the moving expenses. Asks if Kwame was in charge of how the money was spent. Rayford says if Kwame was in charge he could have just taken the money but he came to the board.

Rayford says he did not come to the board to pay for the Yoga lessons.

Bullotta asks about the Cadillac DeVille. Rayford says he was not personally asked about the DeVille. Says he did not personally approve any expenses.

Great Wolf Lodge. Not for the Great Wolf Lodge.

Bullotta asks if the Fund was for the community and not for Kilpatrick personally. Says it was to be separate from the political office.

Says he was not aware of the letter sent to donors saying no funds would be used for campaigns.

Says he was not aware of paying for campaign research.

Thomas objecting, says Bullotta is asking questions he knows the answer will be no.

Bullotta asks about Summer Camp.

Did you approve a check to pay for his sons to go to camp. No.

Did you attend Marvel Cheeks birthday party. Rayford says he can't recall talking about paying for Marvel Cheeks party.

Rayford says he didn't know about any payments to Bernard. Says the Manoogian was the final official meeting.

Bullotta asks if he knows if Kwame called the meeting. Rayford says he can't say who initiated the meeting, just remembers it was probably Ayanna that invited.

Bullotta shows him his grand jury testimony to refresh his memory about the time frame. 2010

Thomas asks if we're refreshing recollection. Bullotta says now he's impeaching. Judge Edmunds tells Thomas it's from his direct exam.

Bullotta asks if he remembers saying he didn't know if Phillips was at the meeting. Rayford says he was truthful about what remembered then and is being truthful as he can be about what he remembers now.

Rayford agrees he doesn't want to see anything happen to his friend. Rayford says now he believes Phillips the attorney was at that last meeting because they signed documents.

Bullotta asks if he was reminded that Phillips was there. Says he just remember what he told the grand jury.

Bullotta asks if it's true that Phillips told them when the Fund Dissolved they'd have to give it to another similar fund by law. Rayford says he doesn't recall that. Says he thought that's why they had the meeting so they would be following the rules.

Bullotta is done, wait, he has one more question, and an exhibit he wants to show the witness.

Puts up on the screen the IRS 502c04 application. Asks if he sees his name on it. Yes. Bullotta asks him to read... Thomas objects. Judge says he was an officer, this question is okay.

Bullotta asks him to read: "Upon dissolution any assets remaining after full and complete payment to debtor shall be donated to a 501c04 organization with a similar purpose. " Rayford says he still doesn't recall Phillips telling the board specifically about this clause.

Bullotta asks if he sees his signature. Yes. Says he also sees Kwame Kilpatrick on the signature page.

Bullotta is done.

Thomas walks up to the podium but John Shea supplants him. Asks if he knows about any payments to Bernard Kilpatrick. No.

Shea says you were just the check writer. Rayford says he didn't have anything to do with financial decisions. Shea is done.

Thomas comes back, says he's going to educate the government about this one. Tilts his cowboy hat down over his brow, pats his six guns, and hands Rayford his grand jury testimony, then asks if he testified that some of the board members met at a restaurant after the meeting. Bullotta objects to Thomas reading his testimony and the Judge says lets' have a sidebar.

11:17

The lawyers didn't get much of a break this morning. Shortly after settling in with their morning granola bars and coffee outside the snack bar on the first floor Court Security personnel relayed a message that Judge Edmunds wanted them back in chambers. They guzzled and scooted back to the elevators.

Court Security is interesting to watch. Along with scanning everyone but the Judges and Officers who come in the door, they also clear the halls when someone deemed a violent offender is moved, usually in handcuffs and leg chains, from one court room to another, like I saw this morning. Everyone has to stand back against the wall, and not move, while the "package" is being delivered. In this case a defendant was escorted out a door on one side of the building to court room across the hall.

10:51

Thomas says he has evidence that shows the Fund raised $1.752 million and wants to introduce trial balance documents.. Judge Edmunds says this wasn't introduced tot he government. Thomas says this is a government document. Judge Edmunds says she's not sure this witness is qualified to testify. Bullotta says Terrell produced the document, the defense should have taken it up with him, this witness is not qualified. Thomas says then maybe the government will allow us to bring Mr. Terrell back. He was the accountant for the Fund. Judge Edmunds says we'll take up that matter in 20 minutes.

10:46

Thomas asks if the resulting media furor affecting Rayford's job status. Bullotta objects as relevant, Judge sustains. Thomas says so I can't ask if it was resolved favorably. Judge Edmunds moves him along.

Thomas asks if as a Bank examiner he.... Bullotta objects... they have a quick side bar... but Judge Edmunds sustains that, too.

Thomas comes back, says looks at the prosecutors, says then let's have another sidebar... so they all go back up to the bench.

Judge Edmunds says we'll take our break now so she can resolve another evidence matter.

10:40

Thomas asks if Rayford went to Kwame's wedding. Asks if he remembers gifting at the wedding. Rayford says he does, can't remember how much he gave but he's sure it was generous.

Thomas asks about birthday parties. Yes. Thomas asks about the Antheneum Splash of Red. Rayford says he does and Carlita put it together if he remembers correctly.

If Thomas has proven one thing it's that the Kilpatrick's never missed a change to pass the hat.

Rayford jokes he remembers the party because he was disappointed that there was no Hip-Hop at the party.

Rayford says it was a public party, it was a popular event.

Thomas asks about gifting. Rayford says he does not recall if gifts were solicited at that party. Assumes they were because it was a birthday party after all.

Thomas asks about the Civic Fund Board meeting at the Manoogian. Rayford says the purpose was to get the board together to make some financial decisions. Says it was the time Kwame was facing trial or was about to go to jail.

Charged by Wayne County Prosecutor. Sound right. There was negative publicity. Says the meeting was for a final, to dissolve because the Mayor was leaving office, and to give the Mayor money as he transitioned out of office.

Says Ayanna, uh,mmm, have to think on it for a moment, William Phillips, April Edgar, doesn't think Miller was there.

Thomas asks who was speaking. Different people. They held it in dining room. Says Kwame told them how things were going in his life at the time. That he was letting them know he was leaving office and would be moving away. Sorrowful, told them his plans. Then left the meeting.

Thomas asks if he said what his status was about going to jail. Rayford says he thinks he was about to go to jail.

Thomas asks what the board did. Rayford says then Ayanna talked, supporting him, talked about financial support for his family while he was away. Says Phillips was in the room at that time and doesn't believe they did anything wrong. Phillips didn't object. Says it was the right thing to do, most of the monies came from his energies. Kwame wasn't in the room when they voted.

10:28

Thomas calls Erik Rayford to the stand. He says he's now a bank examiner for the Federal Government. Says he was a good friend for many years. Assisted with his campaign. Says he was never asked to be a part of the administration, didn't want a job, just wanted to help his friend. Says he ultimately got involved with the Civic fund, to serve the community.

Rayford says it was organized to separate political activities from social activities, to get people introduced to politics.

Thomas asks if he understands the difference between candidate specific and issue. Rayford says he doesn't know the rules.

Thomas asks if he remember Kwame resigning from the Board. Says he doesn't recall the resignation but it does seem he stepped away, it was casual, he wasn't an official board member.

Thomas shows the articles of Incorporation. Rayford says he started sometime just before Kwame ran for Mayor and stayed until 2008.

2001 to 2008. Sound correct, yes.

Rayford says he doesn't recall the articles of incorporation. Thomas asks who else was on the board. Derrick Miller, Beatty, Ayanna, Kwame came and left but would attend the meetings.

Thomas asks if a lawyer worked for the fund. Yes. Says they had one, maybe two meetings a year. Says the lawyer was William Phillips. looks like Thomas is trying to throw Phillips under the bus.

Thomas asks if Phillips was at every meeting. Rayford says every annual meeting, the only thing he did was make sure documents got signed. Phillips didn't vote.

Says he went over highlights of some things but can't remember specifics. Says Ayanna was not a formal member of the administration but the other were and they talked about things the fund could do to assist.

Says they met in Phillips conference room Thomas asks what Phillips contributed to his state of mind. Rayford says it gave him a comfort level that they were following the rules.

10:16

Thomas just told the Judge he can't find his witness. Judge Edmunds is asking if he has pictures of the first witness for the jury. The witness is back. Thomas directs him to the bench where Judge Edmunds swears him in. This is Mr. Zainea, Joseph Zainea, co owner of the majestic theater center. Says he's been in business more than 60 years. Bowling center, Magic Stick Nightclub, and a Pizza Parlor.

Zainea says Kilpatrick had a party there and one of the highlights was spending time with the Kilpatrick children while the parents worked with the party planner.

Says it was 2-300 people for dinner, well decorated. Thomas shows the invite, please join us for Birthday celebration and State Bar Admission of Kwame Malik Kilpatrick.

Zainea says he set up the room, with some help, and while the other workers were making ready he took the twins to the restaurant next door and got to play baby sitter. Says he got a check for $5200 from Carolyn Cheeks Kilpatrick.

Thomas asks if he sees the wishing well designation. Zainea says that's for people to make donations.

The government has no questions. Zainea is done. Looks like a nice grandfatherly guy and probably set the record for shortest testimony.

10:07

One of the attorneys just asked if he could step outside to use the restroom. Judge Edmunds just teased one of the defense lawyers... "all you boys and your baby bladders." Got a laugh from the peanut gallery down here in the overflow room.

The jury is in, just waiting for the boys to get back.

10:04

"all rise" Judge Edmunds says they've been dealing with evidence matters for the last hour. Says the attorney's have been supplied copies of relevant court cases including one that her clerk brought in,Silver 456 Federal Appeals 6th Circuit case.

Thomas is now arguing that they are seeking to introduce character witnesses and in at least one case that The Civic Fund used money for a good social purpose.

He also says the culture of corruption implied by the Government is what they are specifically trying to rebut. They want Eric Rayford, who was on the Civic Fund board, to testify how much money went to social causes, that there was no criminal intent on the very small percentage called into question by the government.

Thomas says he wants to show the articles of incorporation, that he needs to flush out what the civic fund was doing.

Judge Edmunds says just because 92 percent of expenditures were proper and the jury shouldn't consider the other 8 percent is not a valid argument. Thomas says it's really 99 percent.

Thomas says the distinction is the government is claiming it's a pattern and he wants to show the pattern is for good.

Thomas says the government is painting with a broad brush, and he's needs to fight vigorously to get this evidence introduced.

Chutkow is up now and says rule 404 and 405 state you are not allowed to offer specific evidence of good conduct. He says the cross examine evidence can introduce misconduct evidence but there's no evidence to the reverse.

The Silver Case, Chutkow summarizes says the defendant tried to introduce that he didn't bilk the government in the past and that was not all.

Judge Edmunds quoting from the Silver case now. Excluded testimony that Silver didn't commit any crimes at his previous job. Cites an example a person accepting a bribe cannot bring in others to says he didn't solicit bribes them.

Now citing US v Burke, saying it's perhaps the most relevant. Judge Edmunds says there are RICO charges that are different from the bribery, the Thomas' witnesses are probably excludable but she's going to allow them only under specific guidelines.

10:04

Still nothing happening in the court room and no word yet on what's going on. The only person I can see is, and I can't even tell who it is, is someone sitting and the prosecutors table. Maybe Mark Chutkow or Mike Bullotta. Agent Beeckman just walked in, other than that the room looks empty.

9:32

The attorneys just flooded out of the door leading to chambers, then all walked out in the hall.

9:09

Still no attorneys yet. Looks like they might be in chambers with the Judge.

8:59

The picture is up and the defendants are in the court room. All three, Bobby Ferguson, Kwame, and Bernard Kilpatrick, are hanging out at the back end of the defense table chatting. Kwame is sitting in his shirt sleeves, Bobby is in his suit coat, and Bernard is on his feet leaning over the table. There are no attorneys in the room at the moment.

8:45

Good Morning from Theodore J. Levin Federal Court House,  on a brisk morning in downtown Detroit.

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

 

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