Local 4 is inside the courtroom for the federal corruption trial of former Detroit Mayor Kwame Kilpatrick, Kilpatrick's dad Bernard Kilpatrick and his childhood friend Bobby Ferguson. Each day we bring you information from inside federal court as it happens.
8:59AM And we are back at the Theodore Levin courthouse. Kwame and Bernard Kilpatrick are seated at the defendants' table when Bobby Ferguson walks in.
Judge Nancy Edmunds walks in.
Immediate sidebar for all the lawyers.
Strangely, Kwame just walked out of the courtroom. Ferguson is reading his book of inspirational verses.
And Kwame is back before the sidebar has even disbanded. But now Ferguson has left the courtroom too.
9:08AM Judge discusses hearsay issues that she says have been discussed beyond the parameters of the courtroom. She says she has allowed 2 instances of third party statements that she knows that defense is not happy. She says what she has allowed is not hearsay but specific to the case. She cites other cases to support her statement. She cites Williams case: admitted to establish victims' state of mind and not offered as proof of truth. Not for the truth but for the fact that the witness heard them and it goes to their state of mind. Edmunds cites Collins case: state of mind exception to the hearsay rule. In a prosecution of fear through economic loss, state of mind of victim is pertinent.
John Shea, lawyer for Bernard, makes a brief statement, agreeing that state of mind that is not hearsay. Pushes the boundaries sometimes though and it is not always evidence and it can be hearsay. Says there is a distinction that needs to be made.
Judge says she understands the distinction and has tried not to go over the boundary.
Gerald Evelyn, lawyer for Ferguson, also makes a statement about a question being posed "if it's true" for the truth of it. Judge says that is an inappropriate statement and she would sustain an objection of it.
Susan Van Dusen also makes a statement about a specific incident yesterday that she felt was hearsay.
US attorney Mark Chutkow says that in that incident the witness had a direct conversation and thus could be questioned about it. Judge concurs.
Done with hearsay statements. Judge calls in the jury.
Jim Thomas, Kwame's lawyer will pick up his cross-examination of government witness Bernard Parker.
9:19AM Parker confirms he was hired twice at Walbridge Aldinger. The first time was in 2002 and the second in 2006. The last time he was employed as a business developer.
Thomas asking if witness actively tried to persuade an executive for a job at Aldinger. Parker says he did interview with them and did want the job. Met with Dave Hansen, an exec at Walbridge.
Thomas says did you attempt to get Hansen to hire you in 2002 based on your city contacts. Parker agrees that he did.
In 2006, Parker interviewed with Ron Hausmann, another exec at Walbridge. While at Walbridge, witness had contact with John Rakolta. Discussed Parker's contacts within the city.
Thomas asks did you know that Rakolta was opposed to your re-employment at Walbridge because he felt you over sold your city contacts. Parker says he did not.
Thomas says "Did you know that he (Rakolta) thought you are a bullshit artist who oversold yourself?"
Parker says he did not and that would be strange because Rakolta has final saying over hirings and he was still hired in 2006.
Thomas shows witness article about Kwame's re-election in 2005.
Witness says he was a "checker-challenger" during the 2005 re-election where he would check that the people receiving the ballots are doing their job correctly.
Thomas says in a recount there are also challengers. Witness says he was a checker-challenger at 6 mile.
Between first week of election and December 23rd, do you remember going to Cobo to review the voting had been done correctly. "No sir that was not..."