Another defense sidebar. 

Miller says Rutherford's contributions to the Civic Fund caused a media stir about the Kilpatrick campaign accepting funds from the homeless shelter. Looking at Free Press article "Kilpatrick Took Donation, Now Questions Propriety" from August 29th 2001. This article set off a media firestorm that Rutherford claims ultimately cost him massive irreparable losses and damages to his business.


Miller says they had meeting to respond to article- Mallett, Beatty, Bob Berg, Bernard and Ayanna, the leadership team mentioned, were all there. Miller says the strategy was to say they didn't accept money from the homeless shelter but that the donation was from a private enterprise. 

Miller says they knew they did not have to disclose their donor list. They learned that from Kilpatrick. 

Miller knew that the Kilpatrick Civic Fund was a 501c4 that could accept limitless funds. Kilpatrick explained it could not be used for candidate-specific activity. 

Miller says they decided to say that no money from Civic Fund was being used for mayoral campaign. Witness says the conversation was there was no need to disclose donors or purpose of funds.

 10:10AM Miller says he, Mallett, Berg, Beatty and Blackwell helped prepare Kilpatrick for his televised debate against Gil Hill. 

Playing the video of the televised debate. "We haven't used one penny, not one penny of the Civic Fund in this campaign because it's not allowed by law." Kilpatrick made the statement in the debate that was put together collectively by the leadership team. Miller says that statement of not one penny being used in the campaign was not true.


Civic Fund was for community activity, ballot initiative participation, grass-roots organizing, non-profit related work essentially.  

Looking at the Articles of Incorporation for the Kilpatrick Civic Fund- #4 the corporation shall not participate in any political campaign on behalf of any candidate for political office (paraphrasing the article). 

Looking at a check from Kilpatrick Civic Fund dated October 19th 2005 for $26,000 to Peter D. Hart Research Associates. Signed by Christine Beatty and Derrick Miller. Miller can't remember when he became a signatory for the Civic Fund. 

Peter Hart Research Associates is another polling company. In this case it was polling for the re-election campaign. Miller part of the re-election campaign group. 

Miller says they changed from Lake, Perry, Snell because this was a different kind of race and they needed a more aggressive company to be responsive to the re-election campaign issues. 

The Peter Hart research was not widely disseminated to the public- it was for the Kilpatrick campaign group. 

Christine Beatty was managing checkbook for the Civic Fund at this point. Miller says he was the second signatory so he would sometimes pre-sign checks. 

Looking at check from Kilpatrick Civic Fund from June 28th 2006 for $8605.03 to the LaCosta Resort and Spa. Signed by Beatty and Miller. Miller says he thinks this check was blank when he sign it. 

Witness says this check became a concern when a reporter uncovered some information pertaining to the LaCosta stay. Matt Allen, Bob Berg, Christine Beatty, Jermaine Dickens, Miller and Kilpatrick all met to discuss the controversy. They discussed how the reporter got his hands on the check and how they would respond to it after he made it public. Miller says Kilpatrick said he was on a fund-raising trip for the Civic Fund. 

Miller says Kilpatrick told him that he took his family to LaCosta. Kilpatrick did not tell him he did fund-raising activities out there. 

"Basically we had to come up with a story as to why this check was used for the spa," says Miller. 

Looking at September 14th 2006 Kilpatrick Civic Fund check for $3,050 to Tom Deaton's Driving Ranges Inc. Miller says he pre-signed this check. Miller not aware that the former mayor purchased golf clubs for himself. 

Another check from the Kilpatrick Civic Fund from December 26th 2002 for $1500 to the Center for Yoga. signed by Beatty, Miller and Kilpatrick. 

Miller says he went to yoga classes with the mayor at Cobo. EPU members, Lorenzo Jones were also at the classes. Miller says to his knowledge the classes were not open to the public. 

Chutkow brings up Emma Bell.