And you did that because he was connected? Yes.
Judge interrupts Rataj's questioning and says that this is a good place to take a 20 minute break.
10:40AM The place to be in the courthouse is obviously the shop on the 1st floor run by the super nice blind guy. The entire defense team was in there buying drinking and snacks. Kwame and Bernard tag teamed to do their best impressions of defense lawyer John Minock. Kwame intoned in a deep voice: "I am John Minock, lawyer for Victor Mercado who is seated over there." Luckily, Minock thought it was pretty funny too. Pretty sure that Bobby's lawyer Mike Rataj cut the line in front of me to have Susan Van Dusen pay for his water. Bobby was pretty low key, quietly buying his bottle of water.
Meanwhile, somebody forgot to tell the witness he can get off the stand. He's sitting there alone in an empty courtroom.
10:49AM Judge Edmunds is back in the courtroom. Rataj will continue his cross of the DLZ witness.
Judge explaining evidenciary terms to the jury. Difference between refreshing memory and impeaching a witness. an attorney questioning witness can use anything to refresh memory, a statement, picture, no limit to what they can use.
Impeachment is different. If a witness testifies to something different from a prior statement, to a grand jury or in an interview, then an attorney can use that to impeach a witness. That's impeachment- witness made a prior inconsistent statement. But circumstances are very limited.
Those are the rules of evidence.
10:53AM At some point in 200, you approached Mercado about being a program manager for water mains downtown? Yes.
And you had an understanding that there was a backlog of fixing waterlogs downtown? I had an understanding there was a backlog in the city.
You got that information from engineers? I got that info from DWSD staff yes.
Some of the mains really old? Yes they weren't be replaced in a timely fashion.
You contacted Mercado and made pilot program proposal? Witness says that he suggested pilot program might be efficient.
You had suggested using 2 minority contractors? Yes.
Your idea to use Ferguson Enterprises and Hayes? Might have been.
No one called you up and said you'd better use them or you won't get work in Detroit? Yes.
At that time there were only 3 qualified minority contractors, FEI, Hayes and McCormick? Yes.
That pilot program a success? Yes.
You finished ahead of schedule? The whole program was done faster than a normal program would have worked.
Witness says the methodology was more effective than the one previously used.
Did you tell EPA agent that it was ahead of schedule and a success? It was a success, yes.
After pilot, there were negotiations on CM 2012? I don't know about negotiations.
You wanted to continue water main repairs? No Victor called me at a meeting in his office. Said he had a lot of work to be done in the downtown area. Staff telling him it would take a long time to be done. Wanted it to be done before Super Bowl.
You and your brother awarded contract? Yes.
Rataj hands witness email to look at. Would you agree with me that this email is from you to Daniel Edwards. Dated December 24th 2003. Asks witness to read it. "RFP process will be used to select contractors. "Solicitation open to all with preference given to Detroit-based contractors". "Important to have good price competition." Witness doesn't specifically remember sending.