Acceptance by public official of a campaign contribution is fine even if there is expectation of help in the future.
The charge in count 1 is that the defendants agreed to conduct racketeering activity through the Kilpatrick Enterprise.
Evidence need only show that the defendant knew common nature of the conspiracy. Different persons may be members of the conspiracy at different times.
10:45AM A defendant is not a member of the conspiracy just because he knew there was a conspiracy.
Moving on to the tax charges. Counts 31 through 35 charge Kwame with false returns for 1003, 2004, 2005, 2006 and 2007. Count 36 for Kwame for false tax return 2008. Counts 37 and 38 are false tax returns for Bernard Kilpatrick in 2004 and 2005.
Defendant knew information was false and return contained written declaration with penalties of perjury and that the defendant acted willfully.
To act willfully is to act intentionally. Negligent conduct is not sufficient to be willfulness.
Government must prove: 1. a substantial income tax was due 2, defendant attempted to evade tax and 3, in attempting to evade tax, defendant acted willfully.
Government must prove that Kwame intended willfully to evade tax due. The government must prove willful intent but needn't prove exact amount of tax owed.
That concludes part of instructions on elements of the crimes.
Now on to rules to consider with testimony. Defendant has absolute right not to testify- cannot be considered in deliberations. It is not up to the defendant to prove innocence.
Have heard several opinion witnesses- consider the witnesses' experience in reaching their conclusions. You alone can consider how much weight testimony deserves.
Have heard about witnesses who made have made earlier statements that differed from direct testimony in this court.
Cooperating witness testimony should be weighed with what the witness felt they stood to gain from the government.
Heard from witnesses charged with crimes in the indictment. Must weigh their testimony carefully. The fact that some witnesses have pleaded guilty should not have bearing.
During the trial, have seen counsel use summaries and charts to assist with understanding evidence. That material is not evidence and proof of any facts.
But have also seen charts and summaries that were admitted into evidence. They are not evidence of material they summarize only important as underlying material.
Transcripts of recordings are not evidence. Recordings themselves are evidence. Must rely on what was heard and not what is heard.
10:56AM That concludes jury instructions. Will take lunch break until 12:30PM.
Encourages jurors to look through their notes and take as long as they want during deliberations.
So off to lunch. When we get back, US Attorney Michael Bullotta will begin closing arguments for the government. He will take about 2 and a half hours.
12:24AM It took Judge Nancy Edmunds approximately an hour and 15 minutes this morning to go over instructions with the jurors.
We are just about to get going with closing arguments. US Attorney Michael Bullotta will take on the closing arguments, speaking for about 2 and 1/2 hours this afternoon.
The schedule for the rest of the trial will tentatively look something like this: Tuesday morning, Jim Thomas will do closing arguments for Kwame Kilpatrick. After lunch, John Shea will the deliver closing for Bernard Kilpatrick.
On Wednesday, Gerald Evelyn will deliver closing arguments for Bobby Ferguson, followed by government rebuttal by Mark Chutkow. Once the rebuttal is complete, there will be a break for lunch and jury could begin deliberations around 1pm Wednesday.