JR made it sound like Bernard didn't deserve the money because he didn't do as much work as Jackson. Once deal was made, Bernard was entitled to have it honored. He got angry- by saying, if you're going to screw me, you're not going to get the deal. That is not extortion. He never did anything to hurt that project.
10:20AM Judge calls for a 20 minute break.
10:49AM Judge Edmunds enters and jury files back in.
Judge says slight revision in the schedule. Had hoped to get all closing arguments in today, Shea will finish closing then lunch break, then Gerald Evelyn this afternoon. Government rebuttal tomorrow.
"You're not a windbag obviously," says the judge to US Attorney Mark Chutkow about the length of his rebuttal.
So no juror illness. Just scheduling issues.
Shea talking about Rosendall double-cross.
I want to talk about $5,000 payment that Rosendall made after working for the government. Think back to recorded meeting of December 4th 2007. Meeting with Olumba, Rosendall and Bernard.
After conversation with Pam Racey, what does Rosendall do? He calls Bernard and lies again. Guy just can't change his spots. Says that the home office is going to call Jackson and tell him to remember who put him there. Not true, but Bernard is gratified to hear it. working on the paperwork for Christmas.
Email on December 24th to Pam Racey about invoice. Clear he hadn't talked to anyone about it.
Rosendall goes out of town and returns Bernard's call. Substance of conversation is that I need an invoice. I've already spoken with Olumba and told her to prepare and invoice which she does. The Black Onyx invoice for $5,000.
Rosendall says he will get it to Pam Racey and it will be processed before Christmas. More lies.
Bernard and Olumba don't know that.
Rosendall says to prepare invoice and they'll get paid but of course it doesn't happen.
Government tried to make an issue of invoice reading "political consultant." But that's what Bernard did. And it was on Black Onyx because Synagro did not want to be linked to Bernard.
There's a meeting at Southern Fires in January 2008. Rosendall tries to slip him $2,500 in cash. Bernard says what are you doing I want a check. Rosendall explains that it's from him. Bernard says that's a problem too.
On March 5th, money still hasn't been paid.
Rosendall comes back with cash and at this point Bernard takes it. How long are you going to wait? He takes the cash in April as well which pays off the invoice.
I asked Rosendall if this was the same $5,000 that was invoiced. And he said yes.
I asked if he paid off the invoice in 2008. And he said yes.
This is a good point to remind you that Bernard is only charges on one substantive count. Attempted extortion. That relates to Rosendall. That is not attempted extortion.
Rosendall instructed them to send the invoice. It's not extortion.
What about conspiracy? Is there anything about the Synagro project that smacks of conspiracy. There is no extortion and there is no conspiracy either.
Yes Bernard may have been suggested as a consultant back in 2003 but there is little of Kwame in this.
I don't see any evidence of conspiracy but even more, Bernard is in a dispute with Rayford Jackson and Rosendall from late 2007 and into 2008. Does he call his son and tell him to mess those guys permits? Does he call his administration?