Here’s what they’re talking about right now. 

Payments received from the City would go directly to Lakeshore Engineering.  Sometimes Ferguson would call Lakeshore and ask if they’d gotten paid by the City, yet.  Lakeshore set up a pool of money to be split by all parties, equally.  When Lakeshore got paid, all of the sub-contractors got paid.  Bobby Ferguson, was considered one of those subcontractors.

With me so far?

Excell corporation, a company linked to Bobby Ferguson, was paid to help manage a specific City contract. They did do some work.  The question is, was it enough to justify the fees.  They mostly advised Hardiman on quality control issues and staffing or at least, that's what's being testified to.

Avinash Rachmale has been asked point blank, by Evelyn, "Did Mr. Ferguson’s company do work? " Answer.: “Some work.” Question: “Would you use them again?” Answer: “For certain things”.

Here’s the offshoot of what Evelyn appears to be attempting.  He appears to be trying to connect dots to legitimate business practices between Lakeshore and Bobby Ferguson.  He’s showing that the witness on the stand has fuzzy details, (keep in mind, this stuff happened nine years ago. Do you remember specific details of purchases and receipts from nine years ago without records?) and Evelyn is showing text messages... oh,yeah, here we go again with text messages... showing that the company tried to call Ferguson or his representatives to get specifics on these water main jobs... meaning that Ferguson  and his company must have been doing work, and not collecting workless-paydays and bribes to get the contracts.

Are you keeping up with all this? Well if you’re not, a bigger question is, is the jury keeping up with all of this?  It’s a lot to keep up.  And keep in mind, they’ve been away for ten days and so they need to get back into the rhythm of what’s going on.

Keep in mind this testimony isn’t nearly as colorful as it’s been in the past.  Today is mostly about throwing up documents, emails, checks and receipts from a multitude of people, names and businesses.  This is really technical, nitty gritty stuff that doesn’t have the human element.  It’s mostly the paper trail and somehow the prosecution and the defense with have to bring this down to terms of people and how these numbers affected people and their hopes, dreams, aspirations and abilities to get basic work done in the city.

So far, I’m not seeing that.  I’m just hearing talk about paper trails.

Evelyn just asked for a 20 minute break.  She said okay.  So I'll see you at noon.


During the break, Kwame Kilpatrick was buying-up every over the counter cold medication he could grab.  Rataj is also stricken, illness is definitely running through the court room.  The holidays can be rough. 


Back in session - Evelyn continues cross of Rachmale.  CM-2015 negotiations  memo displayed on overhead.  Defense is trying to show Ferguson was really a legitimate contractor - this time as Xcel Construction.  Evelyn could be trying to numb the collective brains of the jury.  

Cold medication seems to have grabbed hold of Kilpatrick, he might be sleeping. 

Evelyn continues - back to CM-2014, more documents previously admitted, showing Willy McCormick was a part of this bid.  Ultimately lost out to FEI, both minority contractors.  We have seen this all before during Tom Hardimans' testimony.  

Memo from Belayet Hossain - Project Manager (LES)  October 30, 2007, to Al White (FEI )concerning a 16" water main break.  In the memo LES is requesting FEI's liability insurance on the job where Ferguson "came to the rescue" and helped out LES.


The leaking water main on CM-2014 was an emergency project, and repaired by FEI who was working in the area of the break.  Ferguson rushed in and helped out.  A change order was submitted for the work, but the work was done before they got paid.  Evelyn's contention is that LES was not "forced" to work with FEI, but rather LES requested  their help and wanted Ferguson on this emergency project. 

Evelyn contends: FEI actually saved the reputation of LES who had flooded the neighborhood with water.  Because of the help and expertise of Ferguson, CM-2014 was a success and LES could do more work in the future (they are now a multi-billion dollar federal contractor.)  This is some limb we are out on.

Evelyn is taking quite a bit of time to gather his next exhibits.

Evelyn asks for a 5 minute break.

During the break the judge asked Evelyn if he would finish his questions today, Evelyn replied: "he hoped so."  He has many questions and it seems to be taking longer than he expected. 

12:05 PM

Back in session Evelyn is having trouble gathering his exhibits.  Several minutes pass as Evelyn shuffles his documents.