"If he is in a conspiracy, where are his efforts in leveraging his son's office?"
Rosendall discussing with Racey again the Bernard situation and Racey says I'm surprised that his son is not involved. Rosendall says he is not involved.
Rosendall was active in trying to kill his deal with Jackson. It is not wrongful, not extortion and not conspiracy.
Last business relationship chapter I want to discuss is the Book Cadillac project. I'm going to be quick on this. Bernard had a client- Capital Waste with principals John Ronco and John Francis. Project was halted because general contractor pulled out. New contractor came in and Capital Waste was no longer on. Capital Waste was Detroit-based and they were replaced with out of town outfit.
Bernard was upset that he had been trying to reach Jim Jenkins for months who kept putting him off. He voiced his complaint officially about that. Discussed going to Gerard Grant Phillips of the Human Rights Department. Bernard discussed going to George Jackson of the Detroit Economic Development Corp. FBI Agent Bob Beeckman said he would also have been an appropriate person to talk to.
Bobby Ferguson directed Bernard to his foreman Shakib Deria. Deria told him that they bribed the Marous Brothers to get the job. Offers to talk to the site superintendent. Bernard never does file a complaint. Had he taken action, he would have been completely justified in doing so.
If Kilpatrick had not done anything for his client, he would have been remiss. He was trying to assist them. There was nothing wrong with him speculating about legitimate complaints. This is not an example of Bernard trying to extort.
Kard Kado, Jon Rutherford, Marc Andre Cunningham, James Rosendall, Capital Waste. These are the core chapters that the government rests on. theses are the relationships that he leverages to benefit himself. Hogwash. Bernard Kilpatrick was doing legitimate work he was getting paid for. Sometimes not paid for as is the case with Kado.
I'm going to debunk myths. One is the sit down meetings. Chutkow said that Miller will tell you that these were to turn the most lucrative city contracts into money. One of earliest text messages that the government put up was Bernard texting his son. You'll see three meetings were held in 2 years. Ferguson wasn't even at all of them. Couldn't there have been other meetings? I can't say that.
"3 meetings in 2 years. Hardly a consistent, systematic approach to racketeering."
Miller said it was to discuss various topics. Miller reiterated that they were about business opportunities, political strategy and general powow. This isn't evidence of racketeering activity. Bernard could have called Iris or April Edgar and asked for a meeting with Kwame to discuss his clients. There is nothing wrong with a consultant calling the mayor and asking for a meeting. There is nothing wrong with that.
If he said, give me $5,000 or I'm not going to help you. There is something wrong with that.
Was it easy for Bernard to get a meeting with his son? Absolutely. But there is nothing wrong with that.
Remember Bobby Ferguson, Derrick Miller and Bernard were also important to Kwame for community outreach.
There were also sorts of things happening in the city of Detroit in 2002,2003 and 2004. All sorts of reasons why they might want to talk to mayor.
there is nothing about these meetings that demonstrates anything racketeering.
Second myth. There is a call where Bernard calls Bobby that he might hit up for a couple of thousand in summer 2007. But so what? There is no indication that Bernard and Ferguson worked together to do anything illegal.
No evidence that Bernard had anything to do with State Arts Grants at all. He did receive money from Kilpatrick for Mayor, $25,000, and $50,000 from the Civic Fund in 2008. He had no role on those non-profits at all. No evidence that Bernard received any compensation form those organizations prior to December 2007. does it show he was part of a conspiracy to defraud donors? No.
No evidence that in 2002, 2003, 2004, 2005 ,2006 and 2007 he called clients and told them to donate to the fund. No evidence of any attempt to defraud donors or divert funds. Did not knowingly participate in any conspiracy to do so.
There are 3 occasions where Civic Fund moneys where spent: 2002 Super Bowl. Easy to infer purpose for travel. Delegation from Detroit were going for preparation for their own Super Bowl. No evidence that Bernard went to the game. Doesn't show any fraudulent participation.
In late 2008, Bernard accompanied Carlita to Southlake. No evidence that Bernard even knew who was paying for his hotel. Not evidence of conspiracy to defraud donors.
In late December 2007 into early 2008, there was a trip to Orlando. Bernard went with girlfriend and family. In one of those hotels, Civic Fund paid for a room. Bernard knew that the Civic Fund was going to pay for a room. A few hundred bucks.
He took his lumps like everyone else did. Kado collection efforts. If he didn't money for Kado, didn't get paid. Capital Waste on book Cadillac project. Bernard doesn't attempt to get them on the project. took his lumps on that.
Synagro. Biggest deal of his life. Does not get his son involved. This is evidence of him not being involved in a conspiracy.