Mail piece what is that? Direct mail that ends up in voters mailboxes.

Would you give mail pieces to support Kwame's campaign to focus group? Yes.

What about radio advertisement? Yes and TV.

What about for the other candidates? In this case, no.

Looking at KCF 4- invoice for the focus groups conducted. Payment for those groups and discussion guide for participants. at the back is memo prepared based on findings for those groups.

KCF 4 on overhead: first document is top of the memo prepared on focus groups. to Kwame Kilpatrick for Mayor team. Date August 8th 2001. Subject Key Focus Group findings, Findings were there was really opening for him, no real objections to his age, he came as strong an knowledgeable leader when he spoke.

Now looking at focus Group Discussion Guide- times at 135 minutes for discussion and explanations, discussion about outlook for the city, sorts of issues concerning them, knowledge of candidates, took up more than 1st hour of group. Also reactions to video clips of Kwame. Direct mail advertising, radio advertising. wrap up.

Page 1 of KCF4- Invoice to Kilpatrick for Mayor July 17th 2001 for 4 focus groups for $18,875 for 75%. Amount reduced because only 2 focus groups.

Next a check dated July 30th 2001 from Kilpatrick Civic Fund for $14,000.

Did you know what the Kilpatrick Civic Fund? No. Unaware this invoices wouldn't have come to my attention.

Did you do any polls on how to improve city life for youth or improving the community? No. this was all campaign related. This is all candidate specific.

12:16PM Still on break. Kwame walks up to Thomas at the stand, covers the microphone and whispers in Thomas's ear.
12:18PM Judge re-enters courtroom.
Waiting for jury to sit.
12:20PM Jim Thomas cross-examines.
Your firm engaged when? April 2001.

Did you know if Kwame Kilpatrick had thrown his hat in the ring? At that point I don't believe he had.
Isn't it true that the work you did do focused on issues?
Government objects. Judge overrules.
Yes answers the witness.
There was a focus group guide? Yes.
What was the guide? It was the script that moderator used to lead discussion. What I described earlier.
Prior to that done an actual survey? Yes.
It's also pretty thick. Hands documents to witness. this basically says a survey being done. An intro that has been scripted for person conducting survey.
You're focusing on voters and their issues. Yes.
This is identifying focus group if people supporting the way Detroit is going or not? Yes.
Could one of the factors be issues? Yes.
Thomas says I am talking about 501c4 is it ok to talk about issues? Yes.
Thomas says paragraph talks about concerns. That's issues right? Yes.
As issues relate to person that is going to be next mayor of Detroit? Yes.
Witness says READ and ROTATE is list of things that people can choose from.
Thomas says if the next mayor wanted to inform people about what they thought was important this would be an important document to do that? Yes.
Thomas says this list not specific to Kwame Kilpatrick? On this only one out of 14 addresses Kwame Kilpatrick.
Thomas points to specific phrases: invest in park and open spaces. Yes says witness, it's a mixture of issues.

Thomas reads invest in infrastructure, tear down buildings.
Witness says this is asking them to rate a number of issues and themes.
As it relates to questions, when you start to talk about issues parks and seniors, this was put in here to ask what was important in their lives? this was written in the context as what could be important to the mayor.
Not one place in this document does it say vote for Kwame Kilpatrick?
this is document submitted to say what issues are important not vote for Kwame?
Government objects.
Thomas says I'll go page by page with the witness.
You are asking general questions about a mayor and what people would like to see in a mayor? Yes.
Goes on to talk about cooperation. Correct.
Surveying people about the things they think would be important? Correct.
Thomas says ok keep going back to context of the mayor. Can a 501c4 support information about a particular issue?
Government objects and says he is not an expert. Judge sustains.
Do you think a check from the Kilpatrick Civic fund is appropriate?
You have not been involved in any advertising on behalf of 501c4? I'm sure we've done some work for 501c4s.
Yes witness we've done work for 501c4s.
As long as it doesn't say "vote for" it's appropriate? that's my understanding says witness.
Witness says bob Berg contacted him to assess viability of the campaign.
But it wasn't just one particular candidate? No it was focused on Kilpatrick exploratory effort.
Where you aware that Sharon McPhail was later a candidate? Yes.
Thomas reads long list of other possible candidates including Gil Hill.
Witness says this a survey that includes other people than Kilpatrick.
Thomas asks do you foreclose the possibility that this document could have been share with other people. No
Do you know if this was shared with other candidates. I don't know that this was shared with other candidates.
Looking at KCF 3A- page 15. Looking at article 2 of articles of incorporation.
Thomas tells him Kilpatrick Civic Fund paid for your services. Correct.
In May of 2001, Kwame had not yet announced as mayor would you agree? Yes.
Thomas takes witness through the Civic Fund's purposes: to promote community activities that enhance neighborhoods.
Wouldn't you agree that polling information you did would be important to enhance community neighborhoods. In an indirect way I guess.
Isn't it important to have parks and police. That would be important says witness.
Your assumption was that it was used for Kwame to run as mayor. But there is another purpose can you see that now?
Government objects. Judge sustains.
Witness asks repeat the question.
You got paid by the civic Fund and I'm showing you a document about their purposes. and that the polling info could be important. Do you see that? Yes.
The betterment of the lives of the youth. Couldn't your poll help with that? Witness says there is some information here that could be used to that end.
Jobs and economic development? Yes.
Abandoned buildings probably important to youths. Sure. Yes.
Thomas on paragraph 2 to provide Detroiters with legislative information.
Witness says this a survey not of all registered voters but of some voters registered to vote in the city of Detroit.
Paragraph c to participate in activities that promote better image of Detroit? abandoned buildings, garbage bag collection. Certainly crime has effect on image of Detroit. Yes sir.
These were the things that you were measuring? Yes.
Looking at the READ and ROTATE list of things the survey group will be talking to registered voters about.
You did other work for Kilatrick for Mayor after this event? Yes.
And they paid you out of the Kilpatrick for Mayor account in 2004? I don't know about that.
Where yo engaged in conversations about strategy with Kilpatrick? I don't think I ever had a direct conversation with Kilpatrick.
Kids Cops and Clean program did you know about it? No it's not familiar with me.
One of your recommendation was not to cut taxes, cut grass and build rec center to cut crime? I don't know if we made that specific recommendation.
Your involvement with providing info ended when?
Thomas ends.
12:56PM Chutkow redirects.
See where it says bill to Kilpatrick for Mayor.
Who was your client? Kilpatrick for Mayor.
Who was the one who benefitted from this? Kilpatrick campaign.
Purpose of focus groups? To test reactions of people to media on behalf of the campaign.
August 8th 2001- findings reported- these voters know Kwame but not well- some also associate him with cronyism- "I've heard that he's lots of peoples' man but can't be everyone's man."
"Our most powerful messenger is the candidate himself."
Thomas objects.
Who did you intend this for? This is intended for the campaign.
What was your point to convey to the campaign? Our point was to refine mail advertising.
Witness says we wanted to report back how persuasive the piece was.
This was to help Kilpatrick to refine advertising to get into office? Yes.
You didn't share this with his opponents? No.
Have you ever seen the Civic Fund's articles of incorporations before today? No.
Do you know if any of the info you distributed in this case would have been distributed to the public? No that would have been unusual. Because this type of info is proprietary for the camaign.
Witness hasn't distributed negative info about the candidate to the public. "We would get fired pretty quickly for doing that."
Who did you distribute it to? Folks at the Kwame Kilpatrick for Mayor Campaign
Did you discuss distributing this more broadly to the community? No we did not.
1:04PM Thomas redirects
On a day by day basis you wouldn't know what the campaign had done with this info? No.
Are you aware that this survey was shown to others running against Kilpatrick to show them the issues? No.
Witness says the question we were asked was if we would share sensitive information. My answer was no.
What if there was an opponent you wanted to get behind you? I don't think I would share the essence.
Do you foreclose the possibility it could be used by Mr. Kilpatrick to promote unity? I don't foreclose on that possibility.
Thank you says Thomas.
Witness excused. "You can return to NYC where you will no doubt root for the Yankees.", says Edmunds
Reminds jurors that court is closed for Columbus Day on Monday. Session resumes Tuesday morning at 9AM.
Also reminds them not to discuss the case with anyone.
Thomas says "Go Tigers!" to the judge.