Rather than undermining Rosendall credibility, he knew what he was doing was wrong. Doesn't exonerate Bernard's behavior.
Defense says that Rosendall was bought and paid for. When he came to court, he had already served his sentence. He had nothing more to gain from the government.
10:00AM Judge calls for 15 minute break.
10:17AM Judge Edmunds re-enters. Jury has been very into the proceedings this morning. They are taking a ton of notes.
This is it. We are about to end government rebuttal.
Chutkow at the podium, ready to go. EPA agent Carol Paszkiewicz standing right next to him.
Chutkow said he was alerted to mistake at the break. Says that the certification for DLZ being yanked related to 2014 and not 2012.
Wants to talk about Karl Kado. Regular payment to Bernard that totaled in the hundreds of thousands. Received a final payment from Kado for $100,000.
If Bernard ran a legitimate consulting service, where are the invoices, receipts? Why didn't he demand a check to keep his ledgers in order. It's because he didn't want anyone to know about the payments.
If Kado was paying a real consultant, he could just write a check to him. He could have taken a deduction. Kado could have used help on his taxes.
Why are the hundreds of thousand of cash that went between Bernard and Kado not on Bernard's tax returns? Bear that in mind when thinking about tax charges.
Tapes. In one recording, mayor is talking to Bernard and says city owes Kado but it's a question of how much. Later when Kado tells Bernard he is not going to pay him, Bernard tells him it could take 2 years to get paid. Same amount of time he told Rosendall.
"No deal without me" mantra.
Defense says Kado couldn't keep things straight. Said there were 8 inches of snow in august. Kado said there were 2 bribes that took place but Thomas cut him off before his explanation.
Cunningham said that he paid cash in the basement by barber shop because it looked wrong on 11th floor. It is wrong if it's bribe or extortion.
All the alleged work that Bernard did for these people, Kado, Rutherford. I would submit that most of the work was done by his lawyer Shea who would come up with why these people would pay him in the first place.
Shea says that there is no signature on the tax form. are they suggesting that Bernard's tax preparers went rogue? these supposed rogue tax prepares sent it in October for $91,000. That same day, Bernard paid the IRS $91,000. How did he know exact amount? Because he authorized filing.
The defense says you can't believe witnesses who pleaded guilty. Cunningham, Miller, Kado and Rosendall. We don't disagree. that's why they are all convicted.
It's interesting that all this corrupt activity is going on at city Hall without these defendants.
House sitting analogy. It's ridiculous. Proper way to look at it. If your spouse is in an accident, and several witnesses come to tell you and then you get text messages about it. would you go to hospital? Of course you do.
What the defense don't tell you about the government is that there is a consistent pattern of behavior by defendants. Behavior is the same.
Doesn't depend on testimony of a witness. Too many witnesses saying same thing.
Want to avoid 2 things: cash and text messages.
Cash is the smoking gun in the hand of the defendants,. no way to explain why a public servant would have that much cash unless he is being paid off.
Texts are proof. Like going to your brain, to your thumbs to the receiver., Like a crime scene to review whenever you want. You won't get any better evidence than the text messages in this case.