You don't know what was said when check was delivered? To my hands asks witness?

No, to Mr. Rhodes says Thomas. No says witness.

Witness steps down.

11:47AM Bullotta recalls FBI Agent Bob Beeckman to the stand.

Thomas asks for sidebar.

That was all Mr. Rhodes? yes.

11:50AM Agent beeckman back in stand.

In June 2007, did you obtain judicial permission for wiretap? Yes.

Was one of those a cell phone for Bernard Kilpatrick? Yes.

Did you monitor that cell phone? Yes.

Did you listen to those calls? Yes almost all of them.

Witness heard Bernard, Kwame and Ayanna were familiar.

Bobby Ferguson? Yes Bobby Ferguson.

Fall 2008 when Kwame went to Wayne county Jail. Did you get recordings? Yes.

Did you get any other wire tapes for other defendants in the room? No.

Witness says Wayne County Jail records all call in computer system and held. Prisoners told that calls are recorded.

KCF 88 shown on overhead. Beeckman says it's a $2,500 check to Athenaeum Hotel for a party for Marvell Cheeks on May 8th 2009.

Interviewed Sophia Plastiras of the Athenaeum.

KCF 89- document spells out particulars of party. Event planning document.

Document says "Cheeks 90th Birthday Celebration" Kwame's grandfather. Marsha Cheeks, Kwame's aunt listed. Arranged by Sophia Plastiras.

Document sets up menu, describes various dinner items.

Lists for 140 adults.

KCF 87A- a phone call between Kwame and Ayanna and they are planning this particular party.

Bullotta asks that the transcript be passed out to the jury before it is played out. Call in evidence, not the transcript says the judge.

Date is November 27th 2008, call from Wayne County Jail.

Kwame to Ayanna:

"Momma we gotta do something really nice for grandaddy's birthday." Referring to Marvell Cheeks.

"Get a big band to play like show tunes."

"Get like a DJ to play that big band sound."

"Get people in the community to give him things."

"Larry get him a suit" Witness says that is Larry Alebiosu of Fashion International in Southfield.

"Somebody present him a  hat, somebody present him a coat. And checks!"

"It shouldn't be like a straight party."

"Gotta go and get that 8th Floor!"- Where are the banquet halls at Athenaeum? 8th Floor says witness.

Another call on August 28th 2007- call between Bernard Kilpatrick and Abner McWhorter of Expression Publishing in Detroit. Witness says he obtained money from the pension fund.

Bernard tells McWhorter about an event for Kilpatrick Civic Fund and asks him to step up and make a donation.

Judge tells jurors not to write on transcripts because government will be taking them back.

Call played for jury. B: "Jeff is having a thing for mayor for mayor at the Athenaeum. and they want you to step up.

A:"How much?"

B: "Big sellers. 20.25. If you can do 5, that would be really cool."

How is Jeff being referred to? Jeff Beasley.

Was he on the board? Yes.

Wire taps in December 2007. Did you learn Bernard was going on trip? Yes.

Where? Orlando, Florida.

KCF 42A and B.

John Shea objects. Judge sustains.

Judge reminds jurors that it is call itself in evidence.

Talking about Bernard Kilpatrick's hotel stay. Witness says the hotel is called Gaylord Palms. December 28th. Talking to Kwame.

B: "They got a check cashing, a firm that certifies the check."

"I guess Chris would have to call the certigy(?)."

"So umm. she could do it."

K: "Can you all check in."

B: "Yeah."

K: "I'll get it straight on Monday."

Bernard gives Kwame #- "1-800-237-4851."

Kwame: "We got a credit card. Chris. she out shopping right now."

Bernard: "She can authorize the 5?"

Kwame: "Yeah."

Bernard: "That would be a lot easier.

Who is Chris referred to? Christine Beatty.

How else was in Florida at same time? Kwame Kilpatrick and family. They come several days later. Diarra and Ayanna Kilpatrick. Daniel Ferguson. Ayanna's children. Christine Beatty comes later.

What is the check being certified? Witness says it is a civic fund check that does not get negotiated.

Were there Civic Fund debit cards? Yes.

Exhibit KCF 43- debit card record from bank showing charges at hotel in Florida. the Marriott Cyprus Harbor. They moved there.

KCF 42- Marriott records. Document shows charges for Bernard's stay. Date of record January 2nd 2008.

Thomas and Kwame leaning into each other talking. John Shea, lawyer for Bernard, writing furious notes.

Bullotta asks about 2 charges for $367.89. What is date? January 3rd 2008.

Charges paid? Payment is January 3rd 2008.

KCF 43- debit fund records. 2 charges for $367.89 on January 4th.

The call was made on the 28th of December.

Did you listen to other calls of Bernard in Florida? Yes.

What was he doing? Went golfing. Kids went to Sea World.

Did Bernard ever discuss fund-raising? No.

Bullotta ends.

12:25PM John Shea cross-examines.

KCF 107- in this call Bernard asked McWhorter to step up? Yes.

But in fact the call said that Jeff wanted McWhorter to step up? Yes, well I believe it's "They want you to step up."

Witness says you are correct it wasn't Bernard that asked.

Juror asks to have it played again. Clearly says "THEY want you to step up." "If you can do 5, that would be real cool."

Shea so conversation is about Jeff having thing for mayor at Athenaeum? yes.

And the "he' referred to is Jeff Beasley? Correct.

Moving on to Orlando. Bernard standing at hotel desk checking in? Correct.

Can't check in with check because hotel needs additional info to certify check? Yes.

Check drawn on Lasalle Bank? Correct.

Associated in some way to Christine Beatty? Correct.

No Kilpatrick Civic Fund monies spent on Florida stay, correct? Yes.

Bernard had companion? Yes, girlfriend Samantha Hoskins.

No evidence of Civic Fund paying for anyone's stay? No.

Bernard stayed December 30th, 31st and 1st? Yes.

So flying home January 2nd 2008? Yes.

Bernard left after 3 night stay of $122? Yes.

D BKF 1- witness says that it's Bernard's American Express credit card statements. First statement date 12/25/07, last closing date 01/04/08.

Shea says documents originally came from government to him. Yes says witness.

The Amex sheet shows flight charges including 1 ticket in Bernard's name and the other in the name for Samantha Hoskins. Also a ticket for Diarra Kilpatrick.

January 2nd charge for Enterprise rental car for more than $1,000.

Mr. Kilpatrick didn't check in until December 30th? correct.

The only expense on this multi thousand dollar trip would the the $367 room charge? Yes.

12:42AM Thomas cross-examines.

You didn't have anyone in Florida? No.

Who Kwame met with you don't know? No.

You don't know if they had a legitimate Civic Fund purpose? No.

You don't know if they met with people and what they discussed? No.

Going to Marvell Cheeks party. Playing back conversation between Kwame and Ayanna.

You were privy to all his conversations? Yes.

Even personal ones? Yes.

This particular one was with Ayanna? Yes.

You overheard conversations with his mother? wife and children? Yes.

Apparently Kwame and sister are talking about birthday party for grandfather? Yes.

"It shouldn't be like a straight party."

The assertion of Henry the Hatter or Larry giving a gift would be totally appropriate? Yes.

Larry and Henry didn't have contracts with city? No.

Any agents at the birthday party? No.

Do you know how many people were invited? Yes. 140.

And we know that because it's listed. Let's take a look at what they are eating: Mixed greens, chicken tarragon, oven roasted potatoes, vegetable medley, rolls and butter, large sheet cake with "Happy 90th birthday."

Looks like total cost is $7,205.26? $2,500 paid by KCF check and there is a second cashier's check for $3,800.

Were there subsequent payments? May have been one in cash.

And there seems to be a decision that entire bill not paid by KCF? Yes.

And FBI wasn't at the party? "No. We weren't invited."

You did interview Christine Beatty? Yes.

Did you ask her about this party? May have. Can't remember.

Were you aware statutorily that Jeff Beasley not appointed by Kwame? Yes.

His appointment was by statute? Yes.

There is no appointment by Kwame of a Treasurer? Correct.

The jailhouse conversation with Ayanna was after he had resigned as mayor? Yes.

Do you know where Mr. Kilpatrick was at time of this party? No.

Do you know that when he was released Mr. Kilpatrick went to Texas? Yes.

When was this party? In May.

So he would have been released, no longer mayor and in Texas? Yes

RECAP:

Courtroom testimony today revealed that the Kilpatrick Civic Fund paid for a 90th birthday party at the Antheneum Hotel, the services of a PR crisis manager who once worked with Monica Lewinsky and a Nike golf bag with "The Mayor" embroidered on it. 

Earlier on the day, 4 witnesses who all worked in investment management testified about donations they had made to the Kilpatrick Civic Fund in 2007 and 2008. Pugh Capital Management in Seattle, Washington donated $2,000, Chicago Equity Partners gave $20,000, Churchill Financial of Clearwater, Florida contributed $1,000 and Northpointe Capital of Troy handed over $10,000. All the witnesses said that had they thought their donations to the Civic Fund would go towards personal or political campaign expenses for Kwame Kilpatrick, they would never have contributed. 

U.S Attorney Jennifer Blackwell asked Michael Nairne if he would have donated for Kilpatrick "to go to the La Costa Resort for $8,000?" No was his unambiguous response. 

Judy Smith, a D.C. based crisis manager whose life and work serves as the inspiration for the ABC television series "Scandal", testified today that she received a call from Mr. Kilpatrick in early 2008 to enlist her aid with the text messaging crisis. For her work over the course of several months, Smith invoiced the former Detroit mayor close to $180,000. Smith's company Impact Strategies received two checks from the Kilpatrick Civic Fund in 2008- one for $30,000 and a second for $40,464. A third check for $25,000 was made out to Smith's L.A. based non-profit Impact Philanthropy. Smith said there was an amount of $60,000 outstanding on the bill that was ultimately struck off by her bookkeeper. 

Another witness, golf club salesman William Brane Scott, told the court how Kilpatrick's golf instructor Butch Rhodes handed him a Civic Fund check for $3,050 to pay for a set of Nike stainless titanium golf clubs and a staff bag with "The Mayor" emblazoned on it. 

"Nike makes good stuff," said Mr. Scott. 

FBI agent Robert Beeckman took the stand again today to discuss telephone conversations recorded as part of wire taps. Amongst those was a Wayne County Jail conversation between Kilpatrick and his sister Ayanna to plan the 90th birthday celebration for their grandfather Marvell Cheeks. The jailhouse party planning included snippets of Kilpatrick telling his sister "momma we gotta do something really nice for grandaddy's birthday" and "get like a DJ to play that big band sound." The party for 140 guests was held on the 8th floor of the Antheneum Hotel in May 2009. Menu items included Chicken Tarragon, medley of vegetables, roasted potatoes and a large birthday sheet cake. On a total bill of more than $7,000, a payment of $2,500 was made with a Civic Fund check and a further $3,800 was paid in cashier's checks. 

Other recorded conversations included wire taps of Bernard Kipatrick's cell phone conversations. On one call he could be heard soliciting a donation for the Kilpatrick Civic Fund from Abner McWhorter of Expression Publishing in Detroit. How much asked McWhorter? 

"Big sellers, 20, 25. If you can do 5, that would be really cool," replied Bernard. 

The last wire tap was for a conversation between father and son Kilpatrick about how to pay a hotel stay in Orlando, Florida. Bernard is at the front desk and having issues because they need the check to be certified and signer Christine Beatty is nowhere to be found. The check from the Civic Fund was ultimately not negotiated for that stay. 

A debit card for the Civic Fund was used to transact two payments of $367.89 at the Marriott Cyprus Harbor in Florida. John Shea, lawyer for Bernard, showed evidence that Bernard had used his American Express card to pay for flights, meals and car rentals. 

"So the only expense charged to the Civic Fund debit card on this multi thousand trip would be the $367 room charge?" Shea asked the witness. Yes replied Beeckman. 

After court recessed, a hearing was held in the courtroom of Judge Marianne Battani to determine why homeless shelter operator Jon Rutherford is not yet imprisoned. Rutherford, who is expected to be a key witness in the Kilpatrick trial, was sentenced in January 2011 to 21 months on tax charges. 

Kwame Kilpatrick defense lawyer Jim Thomas stated that he wanted to see any existing correspondence between Rutherford's lawyer Steve Fishman and prosecutors to verify why Rutherford was still free. Fishman said that the letters were goodwill ones from Rutherford's friends and family and Judge Battani would not release them. Rutherford could get leniency on his 21 month sentence for his testimony in the Kilpatrick trial. 

Court resumes tomorrow at 9AM.

 

.