Government said he was paid in cash. He was paid in cash.
Cunningham was getting more checks than he was paying Bernard out of. He's paying himself in cash too.
Cunningham said that Kwame told him to stop paying his dad after he was caught. I don't know if it's true, Cunningham said so many things. But even if it's true, you have a staffer has been caught doing something illegal and he is in a business relationship with your father. I think you'd want him to stay away from your father. I don't think that's an indication of a corrupt relationship at all.
Nothing extortionate there.
Moving on to Synagro. James Rosendall was the most manipulative and immoral witness. I heard someone say after his testimony that they needed an acid bath.
Synagro wanted the sludge project and the city was interested in it. Rosendall wanted the contract approved because he would get $3 million. He had a real serious interest in getting it approved.
It was a lengthy, complicated process. Rosendall was talking about this in 2002 and if not earlier.
Rosendall testified that the relationship happened at Manoogian, Miller testified it happened at a meeting. Regardless, it happened early on.
At the time in 2002,2003,2004, Kwame was special administrator on water contract. He had a lot of power on water contracts. He didn't have to go to City Council. Rosendall kind of complained Kwame didn't use those powers.
Kwame could have gotten through the approval process faster. It would have made sense for Kwame to do that if there was a conspiracy. But he didn't do that. He went through the standard process. It went through City Council. Rosendall and Rayford Jackson bought a councilwoman's vote. I don't think that if Bernard was trying to extort h, he would have left it to such an uncertain process.
Rosendall testified that he heard a rumor in Grand Rapids that Detroit was a "pay to play" city. and that's why he hired Bernard because he heard the rumor.
That contracts with Derrick Miller's testimony that Rosendall agreed that community outreach was important and that Bernard was someone with the necessary skill sets. Before Jackson, Bernard was the point person on the project including trying to get a meeting with Victor Mercado.
Jackson is brought in because Synagro does not want any hint that they are getting special consideration because they are dealing with father of the mayor. It makes complete sense. so he turned Synagro over to Jackson and continue to work behind the scenes. Jackson was out in public and dealing with City Council.
For all the work Bernard did, he got $10,000. This was under the table because Synagro did not want Bernard linked in any official way. What else did he get? He got a double-cross.
Rosendall testified that Rayford Jackson, Bernard and he had meetings started in the fall of 2007 where they started discussing memorializing Jackson agreement with Bernard because it was unwritten. they were going to run it through Akunna Olumba, Bernard's girlfriend. Unbeknownst to Bernard, Jackson and Rosendall were working behind the scenes against Bernard. Rosendall was leading him along and doing it complicit with Rayford Jackson.
Bernard finally got fed up. then after city Council approved the contract, they had a meeting in December 2007 at the Pancake House, Bernard, Rosendall and Olumba.
You hear Rosendall tell Bernard that he can expect half of the $100,00 success fees before the end of the year. then nothing for much of the rest of the month, until Bernard leaves the famous "vacation or not motherf$%^ing vacation" message.
First thing Rosendall does is call Jackson and they plot and scheme. Rayford suggests telling him he is under investigation for a housing scandal.
What does JR do next? He calls Bernard and tells him that. Bernard demands a meeting. Rosendall tells him to meet in the parking lot of his office. Government wants you to think they met in the parking lot because Bernard was afraid of bugs in the office.
Rosendall shows up with Cristal and gives $300 dollars in a gum wrapper. Rosendall worries and finally comes sort of clean to his boss Pam Racey. Doesn't tell her he has known this for month or that he has worked with Jackson to cut Bernard out.
Racey observes that Jackson is there because Bernard brought him. JR more than agrees.
Playing the conversation where Racey tells Rosendall to remember how he got hooked up with the job.
"We don't want to deal with people like that," says Racey about Jackson.
"Morall it's not right," says Rosendall.
So what was Rosendall doing all those months? Acting in a pretty immoral fashion. What this means is that Bernard's threats to blow up the house are not extortion. Judge has already instructed you on extortion. One of the elements is that they wrongfully use fear of economic fear to get something for themselves. Wrongful- to get unjustly because person has no lawful claim. Bernard had lawful claim to share in success. Racey says its lawful and had to honor it. Rosendall agreed. this is not extortion.