Judge asks Thomas to move it along please.
The amendment document wasn't fully approved by all departments until April 19th 2006, 4 months after Kilpatrick signed it. Thomas says there was a lot of chatter about the document being on the mayor's desk.
Chutkow objects. Judge tells Thomas to rephrase the question.
Judge asks Thomas to move along and that a lot of these questions have been asked and answered. Please don't ask the same questions again. Says Thomas's characterization of something as "chatter" not appropriate for foundation.
About to look at another document but Kwame calls Thomas over to the table and after discussion, Thomas decides to let the exhibit drop.
Instead we are looking at a DLZ third party construction contract from October 16th 2003. Thomas says witness believed it was signed by mayor but having reviewed it she changed her mind. Witness agrees.
10:06AM John Shea for Bernard cross-examines.
Looking at text from July 2nd, 2002 between Bernard, Kwame and Derrick Miller
Bernard: The real problem with the DWSD is the evaluation committee. Warren has some ideas how you can proceed. Cn we meet with him tomorrow evening?
Kwame: I will meet with him and Victir Mercado. I'm nOt just mtg with him.
Miller: Don't want to meet with this guy. He needs to talk to the new guy.
Shea is saying it looks like Kwame is saying he is not just going to meet with Warren Evans, Water Commissioner. Mercado had just been hired at this point. Mercado reported to the Board of Water Commissioners and mayor.
Shea saying mayor wanted to bring Mercado into meeting. Witness agrees.
Miller also doesn't seem to want to meet Warren Evans says Shea. Passing off the meeting to Mercado.
Shea says it looks like though Bernard requests to have a meeting with all of them, it looks like the mayor's office is not wishing to include him in the meeting. Witness agrees that Kwame uses term "I" referencing meeting.
10:12AM Mike Rataj cross-examines the witness. this should be interesting. These two have seriously butted heads in the past.
Rataj asking about Inland exec Dennis Oszust. Saying that Oszust appears on many Inland documents for water contracts. And he was an operations guy. Witness agrees that he was an operations guy not mainly in the field. Both agree that Oszust was intimately involved with details of DWSD contracts and the negotiations process between Inland and sub-contractors.
Rataj and Paszkiewicz are being unnaturally pleasant and polite with each other. Prefer it when they get feisty.
Talking about a Mr. Raziky (unclear on spelling) who was the field guy who would report to Oszust who would report in turn to Kathleen McCann. Rataj says McCann was more of a liaison between soave Enterprises and Inland Waters. Rataj says she was not an employee of Inland Waters. Correct says witness though later she became a board member after Soave sold 80% of ownership in Inland.
Bottom line says Rataj is that Soave had different portfolios of companies with different individuals responsible for them. McCann responsible for the Industrial Services portfolio which Inland was part of. Witness agrees with all this.
Rataj says but McCann did not have day to day contact with contractors and sub-contractors. Witness agrees.
Judge interrupts and asks for sidebar with lawyers.
In terms of chain of command says Rataj, Soave is at the very top and he would be the least person with day to day knowledge of contracts. Witness says she could agree with that.
Looking at the stop order from August 19th 2004. "Avoid Verbal Order" is the technical name. Addressed to Oszust from a Ronald Holloway at DWSD. Says: "Be advised that spot sewer repair work performed by Ferguson Construction co contracted by Inland Waters Pollution Control be stopped until the issues of restoration for the attached job work sites be resolved."
Judge asks witness to avoid giving hearsay testimony. This unleashes some discussion as to what is appropriate and what is not in terms of hearsay testimony.