Kilpatrick testimony resumes on money trails from Civic Fund

Former Detroit mayor's federal corruption trial will resume Tuesday

Published On: Oct 15 2012 04:42:32 PM EDT   Updated On: Oct 16 2012 03:09:11 PM EDT
Kwame Kilpatrick Oct 16
DETROIT -

8:59AM Video turns on and it appears that the lawyers are in a sidebar with the judge. Hard to tell because only one of the monitors has turned on this morning. Hoping that this does not forebode technical difficulties in the courtroom this morning.

9:06AM Sidebar disbanded. Still don't know why we had such a long break with Friday and Monday off. No reason was officially given for the court recess.

9:07AM Jurors are seated. Say happy birthday to court reporter Suzanne.

9:08AM Jennifer Blackwell for government calls witness.

Mary Pugh. Pugh Capital Management in Seattle Washington. Worked there for 21 years. Asked to contribute in 2007 and 2008 to Kilpatrick Civic Fund. Has managed Detroit Police and Fire for over 15 years.

Exhibit 97 letter from August 20th 2007 from KCF asking for a contribution from Pugh Capital Management. Sent by fax.

Page discussing purposes of the KCF- to promote community activities and promote betterment of neighborhoods, educate Detroit residents to the importance of voting and support crime prevention.

Witness believed these to be purposes of KCF.

"No funds of Civic Fund donated to political campaign."

In 2007 donated $500. In 2008 donated $1500.

Exhibit 97A is the check.

Pugh Capital supports communities where they do business. Believed the funds would be used in civic activities forcused on kids and voters. Did not think they would be used for the mayor's personal purposes.

9:14AM Jim Thomas cross examines.

Never had contact with Kwame about donations.

How was letter sent to you? Assuming it was sent to us because we do business in Detroit.

Donation unsolicited? No contact by Police and Fire.

Do you have any specific knowledge how your money was spent? No.

Who interviewed you? Agent Ron Sauer.

How? By phone.

Was it Sauer who said that your check was used for personal purposes? He did not say that. Also spoke to Jennifer Blackwell says witness.

Witness says the question was if the checks were used for personal purposes was that what the donation was intended for.

Witness says they knew Civic Fun was a charitable organization.

Were you aware that 501c4 could be involved in political campaigns? No.

You don't know where money went? No.

You familiar with DIA? Orchestra Hall? Yes.

The 21st Century organization? No.

Government asked you only specific question "what would you do if"?

Judge interrupts and says that is not what she said.

Witness says they asked her if donation was used for political purposes.

Thomas asks personal or political? Political I believe.

Assumption about employees of Civic Fund. Do you know if Kilpatrick received salary? No.

Witness excused. 

9:20AM New witness sworn in.

Blackwell for government.

Michael Nairne. Works at Chicago Equity Partners. Does Sales and Client Services. they manage institutional assets for pension funds.

At some point they had business with Detroit Police and Fire pension fund from 2006 to 2010.

KCF 99A- exhibit is a fax. Solicitation from Emma Bell sent August 24th 2007.

180 North Lasalle in Chicago is the address of Chicago Equity Partners.

Letter sates purposes of fund and what it was meant for. Witness took it to help and promote civic activities in Detroit.

Witness reads "sponsoring "Get Out the Vote" rallies, co-sponsoring charity little League football team from northwest Detroit, and sponsoring seminras on economic empowerment.

Witness made decision to donate based on the letter. Says it was keeping with what firm had done in the past. Different city and state charity events.

Witness says donation delivered to event in 2007.

KCF 1 and 2- Check from Chicago Equity Partners dated August 28th, 2007 for $2,500.

The event had many business leaders and the mayor.

Witness talked to Jeff Beasley about contribution. witness went back to firm to increase the donation.

Second donation was for $7,500. Beasley was Treasurer for Detroit at the time.

Exhibit 103 handed to witness is the check for $7,500 from Chicago Equity Partners to KCF. Dated September 10th 2007.

Third donation for $10,000 the following year. Had received another solicitation from Emma Bell via fax- KCF 99.

Another letter stating purposes of the Civic Fund. Again puposes to assist Detroit Community organizations.

KCF 101- another check for $10,000 from Chicago Equity Partners June 24th 2008.

Would the firm have donated if it knew it was being used for personal purposes? No.

Thomas objects.

Would you have donated if you knew it was used for political purposes? No.

9:32AM Thomas cross examines.

Have you met Kwame? Yes.

Donating in an effort to spread goodwill for Chicago Equity? Yes and for the city we were working in.

Did you know KCF was a 501c4 corp.? Don't know what that is.

Have you donated to other civic minded corporations? Yes.

Thomas says on initial invite there was attention Jim Papas? Yes.

Anything unusual in your dealings with Papas? No.

Had dealings with Emma Bell? Yes.

Looking at exhibit 99A- Thomas takes witness back through Civic fund purposes.

You were aware of these when you donated each time? Yes.

Did you suspect that the corporation you were donating to would have expenses? Didn't give it any thought but yes.

Did you think they might have employees? Yes.

The decisions on expenditures did you know how that would be made? No.

Did you know that the Civic Fund could get involved in political campaigns? No not based on the letter.

Education about particular candidates without saying vote for, would that be appropriate? Don't know about that.

Looking at letter where it says "Sponsoring "Get Out the Vote Rallies"- did you know they did that? No.

Who did you talk to about this? Remember being interviewed on 3 or 4 occasions? Not sure exactly what you're referring to.

Do you know who served you the subpoena to be here? No.

Did you talk to a government agent before receiving subpoena? No.

Who did you talk to after? Sauer? Beeckman? Don't remember.

Did they tell you there were things Civic Fund had done to promote civic welfare? No.

You don't know that Kilpatrick used donations for personal purposes? No.

Witness says that he was told the donations were misused.

Thomas says you are relying on that to say you wouldn't have contributed? Yes.

Would you have contributed to football leagues for kids? Yes.

For churches? Just to support a church, i wouldn't necessarily think that was appropriate.

Thomas says hundreds of thousands went to education, churches, NAACP. Isn't that something you would have contributed to? Yes.

Don't you think there might be employee expenditures, travel, renting, cars? Yes.

9:44AM Blackwell redirects.

What is the last line of the letter? Witness reads "No funds donated to political campaign."

Would you have recommended it to use if you knew it was for Kwame Kilpatrick political campaigning? No.

To go to the La Costa resort for $8k? No.

9:45AM Thomas redirects.

What if Kwame went to La Costa resort and met with someone to get funds, is that legitimate?

Blackwell objects. Judge sustains saying there is no evidence that donor solicitation occurred. No evidence in the record to support that.

What about travel for raising funds and expenditures like airfare, hotels and food- could you see that? Yes.

Witness excused.

9:47AM Blackwell calls new witness.

Audio silence for sidebar.

9:53AM Sidebar ends.

9:55AM Blackwell calls new witness. Nicholas Degle. Consulting contract with Churchill Financial in Clearwater, Florida. Do business with several retirement systems in Michigan. Witness says client relations in Michigan since 2007. Was administrator in Detroit Pension funds until 2004.

Brought construction loan investments to Detroit since 2007.

Received solicitation from Jeff Beasley for KCF in May 2008.

KCF 4- Form letter from Christopher Jackson in June 2008 soliciting funds.

Witness says he thought purposes was to benefit community and citizens of Detroit. Reads the purposes stated on the letter.

Reads that no funds are donated to political campaign.

Talked with President about giving back to city. Witness says they wanted to give back to city they were doing business in.

Exhibit- copy of check to Kilpatrick Civic Fund. for $1,000. signed by Mary Settle. Date June 25th 2008. Faxed to the witness who hand delivered the check to the function on June 26th.

Would you have made donation if you knew funds were being used for personal or political reasons? No.

10:02AM Thomas cross examines.

Witness says he met Kwame once or twice before.

Kiplatrick Civic Fund a social welfare fund? Do not know what that is.

Contribution from corp to KCF? Yes.

Thomas goes back to solicitation letter. Not signed by Kwame? No.

Letter fairly broadly written would you agree? Yes fairly broadly.

You didn't believe fund was being precluded from political activity? Well last paragraph says no political campaign.

Well that's specific. but what about legislative issues, would that be political? Yes.

Understanding those issues important for community? Yes.

Educating residents on importance of voting that has political implication? Yes.

Letter doesn't foreclose political activity just contributing to a campaign says Thomas.

No funds donated to political campaign reads Thomas, that's specific.

Kwame Kilpatrick was the name of the Civic Fund, he was figure head? Yes.

Would you expect the KCF to run expenses? I don't know.

Well what about functions and staff. you would have expected there were employees of Civic fund and they would be reimbursed? Don't know if they would be employees or volunteers says witness.

Did Kwame speak? Yes.

To do all the things in the letter you would have to have people organize? Yes.

As figure head, would Kwame not have to travel to solicit funds? I don't know.

You were local but there were people from out of states. Would you have expected figure head to travel to solicit funds. I don't know about that.

If you had known that would that have affected your ability to donate? No.

10:10AM Blackwell redirects.

What about the mayor's family go to a spa resort in California, would you have donated? No.

What about spa services? No.

10:11AM Blackwell calls Ken Hudson. Works at Nuveen Investments. Investment Management firm been there 14 months. Was with Northpointe Capital which is based in Troy, Michigan. Also investment management firm. Small cap value and growth manager. Was in sales and marketing. Detroit Police and Fire pension fund. Funded in March 2007.

Asked to donate to KCF in August 2007.

Witness recognizes exhibit 100B asking for money. Letter asked to donate and attend event.

Next page is characteristics of Civic Fund. Witness reads them.

Last part of letter is read by witness. "No funds in civic fund donated to political campaign."

Donated twice- in 2007 and 2008.

Happy to support the city of Detroit based on information they had.

KCF 100 and 100A- 2 $5,000 checks. First check from Northpointe to KCF dated September 14th 2007 for $5,000. Sent by regular mail.

100A- second check fro $5,000 to KCF. Dated March 7th 2008. Sent via regular mail.

Would you have donated if you thought it was used by Kwame for political purposes? No.

10:17AM Thomas cross examines.

Northpointe had 24 employees at the time.

What was total amount of checks? $10,000.

Was that something unusual for your fund at the time? No.

Thomas says he notices name Jim Papas? Witness says he met Papas after the letter. Met him at restaurant downtown.

Did meeting have to do with letter? No. Witness would go sometimes downtown to meet people.

Meeting with Papas? He was the restaurant owner. Didn't have any meetings with him.

Anything unusual in your relationship with Papas that would have caused you to contribute? No.

With Emma Bell? No.

Handwriting on solicitation letter yours? No. Either my assistant's or controller's.

Did you attend event? No.

Are you aware what a 501c corporation could do? No.

You never met Papas or spoke to him about this? Correct.

Said this was received in mail. Do you remember receiving it? It would have been placed on my desk.

Look at the exhibit. Do you see any folds in the letter to show it was mailed? No.

You recognize that in a corporation there are expenses? Correct.

You agree that for your corp you have to travel and you get reimbursement? Yes.

Reimbursement for your corp is something you are allowed to do? Yes.

You know Kwame at least in 2008 was figure head for KCF. Would you have expected him to travel? Yes.

Would you have expected Kwame to travel out of state to solicit funds? Yes.

If you learned that Kilpatrick had traveled to Colorado or California for Civic fund, could he be reimbursed for that? I guess.

But if it was for a fund-raising purpose, would you still consider donating? Probably.

What if money was donated to a campaign. What was your response? I said no.

Did you know there was a political purpose to the civic fund. I did not.

Would you agree sir that legislation is political? Yes.

There are campaigns for legislative issues.

Witness says their company that they can't donate to political campaigns.

But Thomas says legislative issues, voter education, not specific to political campaign but to politics? Yes.

If you knew Civic Fund had donated to NAACP, would that have affected your donation? Don't know.

The board of the Civic fund would make donation decisions? Correct.

10:30AM Blackwell redirects.

Would you have made same recommendation to donate if one of examples listed was to send Kilpatrick's sons to camp? No.

Yoga classes for mayor? No.

Water park for family? No.

Was it your understanding that no political purposes for funds? Yes.

10:31AM Thomas redirects.

You recognize that corporate purpose was broadly written? Yes.

No one told you about the facts of expenditures? Correct.

Thomas talks about Monday morning quarterbacking. No further questions.

Witness excused. Judge calls for 20 minute break.

10:47AM Heard more this morning from witnesses with organizations that had donated to the Kilpatrick Civic Fund. All were unanimous that they would never have contributed to the KCF had they thought it would go towards personal or political expenditures for Kwame Kilpatrick. 

Kilpatrick took to twitter again over the weekend to express his displeasure with the trial:

"The Kilpatrick Civic Fund was a Political Fund. IT WAS NEVER A CHARITY! Donations not tax exempt & the fund had no obligation to give.#Truth." 

So I guess referring to KCF as a charity is not wholly accurate. Technically, it should be referred to as a "non-profit." 

Courtroom filling back up. Should be starting again momentarily.

10:57AM Passing out witness pictures to jurors for them to take notes on during testimony.

It's dark suit day for the defendants. Bobby Ferguson stands out slightly in a light grey suit and burgundy tie.

10:58AM Michael Bullotta calls Judy Smith. Judge swears in witness.

A crisis manager says witness. Undergrad in communications and has law degree. Has a public relations crisis management firm in DC. Been working in that for 20 years. Prior to that in US Attorneys office in DC. Also with White House and NBC. At US Attorneys mostly dealt with media.

A White House was President HW Bush's Deputy Press Secretary for 3 years. After that, worked at NBC and ran the communications department for 3 years. After that job, started her PR firm.

The firm represents corporations or individuals when they are facing crisis. Could range from product recall to financial takeover.

Worked with Monica Lewinsky and Michael Vick.

The show "Scandal" on ABC is based on her life and work.

Got a call from Kwame in early 2008. Needed some help with text message crisis.

When crisis involves legal situation, usually works with attorneys to develop legal strategies.

The goal was to help the legal team- they drive the communication strategy developed. While many attorneys are very good at law, some times they need assistance with media.

Witness helped Kwame deal with media during text message crisis.

Witness says it was 5 years ago but does remember messaging to the public that the mayor's team provided positive accomplishments.

Witness worked with former mayor over period of months.

Total fee charge witness can't remember.

Could it be around $180,000? Could be.

KCF 54- checks recognized by witness. 2 of checks paid to Smith's company.

Check dated May 1st 2008 for $30,000 to Impact Strategies. Witness says payment was for services rendered to mayor. On KCF check.

Check dated July 9th 2008 for $40,464.

Check dated October 29th 2008 for $25,000 to Impact Philanthropy. It was a non-profit the witness had started. Witness says she couldn't talk about the intent of the check but she had talked about her non-profit which was in LA.

There is still some outstanding amount to the tune of $60,000. Book keeper wrote it off.

Paid by mayor in March 2008 $11,000 in cash. Can't remember if it was in the office or at home.

11:10AM Thomas cross examines.

Thomas says we know each other.

You were engaged by mayor before I was lawyer? Yes.

Before criminal case was brought? I believe so.

We have worked together? Yes.

Your job is image consulting? I don't see my job as image consulting. When there is legal situation, that takes precedence.

There was previous consultation with Kwame in the earlier years? Yes. 

Introduced by a neighbor? I think so.

Your first contact was related to a text message scandal? Yes.

You were aware of text messages in media? Yes.

And litigation that was going to ensue regarding Freedom of Information Act? Yes.

Crisis management was about text messages previously? Yes.

How did you do it? Depends on the situation. Don't remember particular advice. Want legal team to focus on legal and client focus on what client should be doing.

You had 2 individuals as staff back at work? Yes.

You came to Detroit? I didn't live here. But yes.

Your room was paid for? Yes client usually pays for travel.

Meals and hotels? Yes.

Purpose was to consult Kwame about an issue and how his image could be affected? I would disagree with that. When dealing with a crisis, particularly when litigation is coming, that everything you do is in line with that. What we tried to do based on legal strategy was to make sure everyone was clear from a communications standpoint.

Witness says helped to deal with surrounding messaging.

You said you did no work for KCF? Correct.

But you did receive checks from KCF? Correct.

Thomas bring back first check for $30,000. Did you know April Edgar and Kandia Milton?

Witness says yes, check negotiated and paid.

Did you know that Kilpatrick Civic Fund, well did you know Kwame's relationship to it? No.

Looking at second check for $40,464.24. Based on work you did for Kwame? Yes.

Thomas says you were aware that Kwame was under siege on many levels? Correct.

Did you advise him how to handle legal, media and personal fronts? Not on the last front.

Witness says if there was advice based on event coming up, she didn't see that as transcending into personal.

Witness agrees with Thomas there is clearly a connection between legal and media.

You were in Detroit often? Yes.

Were you aware that he spoke to different groups? Yes.

Did you know if he was engaged in fund-raising? I know that he had started a legal defense fund.

Brief stop. Switching court reporters for no apparent reason.

When the text message scandal hit, you were aware that the momentum in the city had stopped? Yes.

Part of your job was in moving things forward and change the message? Part of my job was to organize a communications strategy.

Were you successful? Yes I think so.

Witness says when you have a legal situation with a person who is indicted or about to be indicted you want to let the legal team go ahead and do their job.

Did you promote him to go ahead and promote positive things for the city? Yes. I do remember about positive messaging about things going on for the city.

Did you meet Christine Beatty? Yes.

Did she appear hard-working? Yes.

An effective administrator? Can't speak to effectiveness but know she was a hard worker.

Do you know who was running civic fund? I don't.

You don't know why those checks were received from KCF? No.

Looking at Impact Philanthropy check. Discussed with Kwame the kinds of things you wanted to do? Yes.

Did you know that in October 2008 he was about to go to jail?

By that point your job was done? Correct.

From your testimony, this is something that you wanted to do and he gave you a check? No we discussed that I wanted to get more involved in service.

Witness says they have done several walks for cancer research.

Impact philanthropy payment was not a payment to you? No it was a contribution.

Your relationship with Kwame was a good one? Yes.

Did you have an opinion on Kwame? No. I work with lots of different clients.

Service and life choices were things you were able to observe with Kwame? Yes.

You didn't solicit the money, it arose from conversation? Yes.

11:30AM Bullotta redirects.

You said you don't know April Edgar? No.

But you do know Kandia Milton? Yes.

Who would have been billed for services?

Thomas objects.

Bullotta asks for KCF 54- who would have been billed for services? The mayor.

Second check, who would have been billed? The mayor.

What was your goal? My goal in any crisis is to help client navigate the crisis. The key component of the crisis was legal.

Was your goal to help city of Detroit? No.

Is part of what you do getting the client to face truth of situation?

Thomas objects.

What did you tell Kwame about facing the truth? I don't recall speaking to client about that particular issue.

11:33AM Thomas redirects.

You weren't his lawyer? No.

Witness says that when they deal with crisis, they always start with objective.

Was his image any part of that goal? I think for us because of the looming situation, the legal was most important.

you were aware he plead guilty? Yes.

He did acknowledge responsibility for what he did? Yes you have to.

Thomas consults with Kwame.

You've worked in crisis management for other individuals, political and businessmen? Yes but I can't say because of confidentiality agreement.

How you are paid, the decision on how to pay you, you don't get engaged in that? Correct.

And they will make that decision based on appropriate factors? Correct.

11:36AM Bullotta calls William Brane Scott.

Witness wearing a mock turtleneck and navy v-neck sweater. Must be another investment guy.

Wrong- he's a golf club salesman! King par Superstore in flushing, Michigan. Was also employed at Tom Deaton's Golf Center in Howell. Butch Rhodes was Kwame's golf instructor.

At some point, Rhode's gave him a check. KCF 10- payment for clubs and a staff bag.

A check from KCF to Tom Deaton Driving Range for $3,050 on September 14th 2008.

Thomas objects. Judge sustains and says lay foundation.

Had ordered golf clubs and bag embroidered "the Mayor".

The clubs were stainless titanium and unitized putter. Witness says set was "good stuff". "Nike makes good stuff"

Nike did embroidering.

Witness provided bags and clubs to Rhodes.

Was it something less than the check? Witness doesn't know to a dollar amount.

Witness says it was rung up on register as that total.

Do you know what the Kilpatrick Civic fund was? No.

What was your relationship with Rhodes? He brought in clients from time to time.

Witness says Rhodes was a PGA instructor.

11:45AM Thomas cross examines.

You didn't know what the clubs would be used for? I disagree.

Did you know if business would be conducted with those clubs? No.

Fund-raising with the clubs? No.

You never met Kwame? No.

He never picked up clubs? No.

Witness says Rhodes told him the clubs were for Kwame.

You got check from Mr. Rhodes? Yes.

You don't know what was said when check was delivered? To my hands asks witness?

No, to Mr. Rhodes says Thomas. No says witness.

Witness steps down.

11:47AM Bullotta recalls FBI Agent Bob Beeckman to the stand.

Thomas asks for sidebar.

That was all Mr. Rhodes? yes.

11:50AM Agent beeckman back in stand.

In June 2007, did you obtain judicial permission for wiretap? Yes.

Was one of those a cell phone for Bernard Kilpatrick? Yes.

Did you monitor that cell phone? Yes.

Did you listen to those calls? Yes almost all of them.

Witness heard Bernard, Kwame and Ayanna were familiar.

Bobby Ferguson? Yes Bobby Ferguson.

Fall 2008 when Kwame went to Wayne county Jail. Did you get recordings? Yes.

Did you get any other wire tapes for other defendants in the room? No.

Witness says Wayne County Jail records all call in computer system and held. Prisoners told that calls are recorded.

KCF 88 shown on overhead. Beeckman says it's a $2,500 check to Athenaeum Hotel for a party for Marvell Cheeks on May 8th 2009.

Interviewed Sophia Plastiras of the Athenaeum.

KCF 89- document spells out particulars of party. Event planning document.

Document says "Cheeks 90th Birthday Celebration" Kwame's grandfather. Marsha Cheeks, Kwame's aunt listed. Arranged by Sophia Plastiras.

Document sets up menu, describes various dinner items.

Lists for 140 adults.

KCF 87A- a phone call between Kwame and Ayanna and they are planning this particular party.

Bullotta asks that the transcript be passed out to the jury before it is played out. Call in evidence, not the transcript says the judge.

Date is November 27th 2008, call from Wayne County Jail.

Kwame to Ayanna:

"Momma we gotta do something really nice for grandaddy's birthday." Referring to Marvell Cheeks.

"Get a big band to play like show tunes."

"Get like a DJ to play that big band sound."

"Get people in the community to give him things."

"Larry get him a suit" Witness says that is Larry Alebiosu of Fashion International in Southfield.

"Somebody present him a  hat, somebody present him a coat. And checks!"

"It shouldn't be like a straight party."

"Gotta go and get that 8th Floor!"- Where are the banquet halls at Athenaeum? 8th Floor says witness.

Another call on August 28th 2007- call between Bernard Kilpatrick and Abner McWhorter of Expression Publishing in Detroit. Witness says he obtained money from the pension fund.

Bernard tells McWhorter about an event for Kilpatrick Civic Fund and asks him to step up and make a donation.

Judge tells jurors not to write on transcripts because government will be taking them back.

Call played for jury. B: "Jeff is having a thing for mayor for mayor at the Athenaeum. and they want you to step up.

A:"How much?"

B: "Big sellers. 20.25. If you can do 5, that would be really cool."

How is Jeff being referred to? Jeff Beasley.

Was he on the board? Yes.

Wire taps in December 2007. Did you learn Bernard was going on trip? Yes.

Where? Orlando, Florida.

KCF 42A and B.

John Shea objects. Judge sustains.

Judge reminds jurors that it is call itself in evidence.

Talking about Bernard Kilpatrick's hotel stay. Witness says the hotel is called Gaylord Palms. December 28th. Talking to Kwame.

B: "They got a check cashing, a firm that certifies the check."

"I guess Chris would have to call the certigy(?)."

"So umm. she could do it."

K: "Can you all check in."

B: "Yeah."

K: "I'll get it straight on Monday."

Bernard gives Kwame #- "1-800-237-4851."

Kwame: "We got a credit card. Chris. she out shopping right now."

Bernard: "She can authorize the 5?"

Kwame: "Yeah."

Bernard: "That would be a lot easier.

Who is Chris referred to? Christine Beatty.

How else was in Florida at same time? Kwame Kilpatrick and family. They come several days later. Diarra and Ayanna Kilpatrick. Daniel Ferguson. Ayanna's children. Christine Beatty comes later.

What is the check being certified? Witness says it is a civic fund check that does not get negotiated.

Were there Civic Fund debit cards? Yes.

Exhibit KCF 43- debit card record from bank showing charges at hotel in Florida. the Marriott Cyprus Harbor. They moved there.

KCF 42- Marriott records. Document shows charges for Bernard's stay. Date of record January 2nd 2008.

Thomas and Kwame leaning into each other talking. John Shea, lawyer for Bernard, writing furious notes.

Bullotta asks about 2 charges for $367.89. What is date? January 3rd 2008.

Charges paid? Payment is January 3rd 2008.

KCF 43- debit fund records. 2 charges for $367.89 on January 4th.

The call was made on the 28th of December.

Did you listen to other calls of Bernard in Florida? Yes.

What was he doing? Went golfing. Kids went to Sea World.

Did Bernard ever discuss fund-raising? No.

Bullotta ends.

12:25PM John Shea cross-examines.

KCF 107- in this call Bernard asked McWhorter to step up? Yes.

But in fact the call said that Jeff wanted McWhorter to step up? Yes, well I believe it's "They want you to step up."

Witness says you are correct it wasn't Bernard that asked.

Juror asks to have it played again. Clearly says "THEY want you to step up." "If you can do 5, that would be real cool."

Shea so conversation is about Jeff having thing for mayor at Athenaeum? yes.

And the "he' referred to is Jeff Beasley? Correct.

Moving on to Orlando. Bernard standing at hotel desk checking in? Correct.

Can't check in with check because hotel needs additional info to certify check? Yes.

Check drawn on Lasalle Bank? Correct.

Associated in some way to Christine Beatty? Correct.

No Kilpatrick Civic Fund monies spent on Florida stay, correct? Yes.

Bernard had companion? Yes, girlfriend Samantha Hoskins.

No evidence of Civic Fund paying for anyone's stay? No.

Bernard stayed December 30th, 31st and 1st? Yes.

So flying home January 2nd 2008? Yes.

Bernard left after 3 night stay of $122? Yes.

D BKF 1- witness says that it's Bernard's American Express credit card statements. First statement date 12/25/07, last closing date 01/04/08.

Shea says documents originally came from government to him. Yes says witness.

The Amex sheet shows flight charges including 1 ticket in Bernard's name and the other in the name for Samantha Hoskins. Also a ticket for Diarra Kilpatrick.

January 2nd charge for Enterprise rental car for more than $1,000.

Mr. Kilpatrick didn't check in until December 30th? correct.

The only expense on this multi thousand dollar trip would the the $367 room charge? Yes.

12:42AM Thomas cross-examines.

You didn't have anyone in Florida? No.

Who Kwame met with you don't know? No.

You don't know if they had a legitimate Civic Fund purpose? No.

You don't know if they met with people and what they discussed? No.

Going to Marvell Cheeks party. Playing back conversation between Kwame and Ayanna.

You were privy to all his conversations? Yes.

Even personal ones? Yes.

This particular one was with Ayanna? Yes.

You overheard conversations with his mother? wife and children? Yes.

Apparently Kwame and sister are talking about birthday party for grandfather? Yes.

"It shouldn't be like a straight party."

The assertion of Henry the Hatter or Larry giving a gift would be totally appropriate? Yes.

Larry and Henry didn't have contracts with city? No.

Any agents at the birthday party? No.

Do you know how many people were invited? Yes. 140.

And we know that because it's listed. Let's take a look at what they are eating: Mixed greens, chicken tarragon, oven roasted potatoes, vegetable medley, rolls and butter, large sheet cake with "Happy 90th birthday."

Looks like total cost is $7,205.26? $2,500 paid by KCF check and there is a second cashier's check for $3,800.

Were there subsequent payments? May have been one in cash.

And there seems to be a decision that entire bill not paid by KCF? Yes.

And FBI wasn't at the party? "No. We weren't invited."

You did interview Christine Beatty? Yes.

Did you ask her about this party? May have. Can't remember.

Were you aware statutorily that Jeff Beasley not appointed by Kwame? Yes.

His appointment was by statute? Yes.

There is no appointment by Kwame of a Treasurer? Correct.

The jailhouse conversation with Ayanna was after he had resigned as mayor? Yes.

Do you know where Mr. Kilpatrick was at time of this party? No.

Do you know that when he was released Mr. Kilpatrick went to Texas? Yes.

When was this party? In May.

So he would have been released, no longer mayor and in Texas? Yes

RECAP:

Courtroom testimony today revealed that the Kilpatrick Civic Fund paid for a 90th birthday party at the Antheneum Hotel, the services of a PR crisis manager who once worked with Monica Lewinsky and a Nike golf bag with "The Mayor" embroidered on it. 

Earlier on the day, 4 witnesses who all worked in investment management testified about donations they had made to the Kilpatrick Civic Fund in 2007 and 2008. Pugh Capital Management in Seattle, Washington donated $2,000, Chicago Equity Partners gave $20,000, Churchill Financial of Clearwater, Florida contributed $1,000 and Northpointe Capital of Troy handed over $10,000. All the witnesses said that had they thought their donations to the Civic Fund would go towards personal or political campaign expenses for Kwame Kilpatrick, they would never have contributed. 

U.S Attorney Jennifer Blackwell asked Michael Nairne if he would have donated for Kilpatrick "to go to the La Costa Resort for $8,000?" No was his unambiguous response. 

Judy Smith, a D.C. based crisis manager whose life and work serves as the inspiration for the ABC television series "Scandal", testified today that she received a call from Mr. Kilpatrick in early 2008 to enlist her aid with the text messaging crisis. For her work over the course of several months, Smith invoiced the former Detroit mayor close to $180,000. Smith's company Impact Strategies received two checks from the Kilpatrick Civic Fund in 2008- one for $30,000 and a second for $40,464. A third check for $25,000 was made out to Smith's L.A. based non-profit Impact Philanthropy. Smith said there was an amount of $60,000 outstanding on the bill that was ultimately struck off by her bookkeeper. 

Another witness, golf club salesman William Brane Scott, told the court how Kilpatrick's golf instructor Butch Rhodes handed him a Civic Fund check for $3,050 to pay for a set of Nike stainless titanium golf clubs and a staff bag with "The Mayor" emblazoned on it. 

"Nike makes good stuff," said Mr. Scott. 

FBI agent Robert Beeckman took the stand again today to discuss telephone conversations recorded as part of wire taps. Amongst those was a Wayne County Jail conversation between Kilpatrick and his sister Ayanna to plan the 90th birthday celebration for their grandfather Marvell Cheeks. The jailhouse party planning included snippets of Kilpatrick telling his sister "momma we gotta do something really nice for grandaddy's birthday" and "get like a DJ to play that big band sound." The party for 140 guests was held on the 8th floor of the Antheneum Hotel in May 2009. Menu items included Chicken Tarragon, medley of vegetables, roasted potatoes and a large birthday sheet cake. On a total bill of more than $7,000, a payment of $2,500 was made with a Civic Fund check and a further $3,800 was paid in cashier's checks. 

Other recorded conversations included wire taps of Bernard Kipatrick's cell phone conversations. On one call he could be heard soliciting a donation for the Kilpatrick Civic Fund from Abner McWhorter of Expression Publishing in Detroit. How much asked McWhorter? 

"Big sellers, 20, 25. If you can do 5, that would be really cool," replied Bernard. 

The last wire tap was for a conversation between father and son Kilpatrick about how to pay a hotel stay in Orlando, Florida. Bernard is at the front desk and having issues because they need the check to be certified and signer Christine Beatty is nowhere to be found. The check from the Civic Fund was ultimately not negotiated for that stay. 

A debit card for the Civic Fund was used to transact two payments of $367.89 at the Marriott Cyprus Harbor in Florida. John Shea, lawyer for Bernard, showed evidence that Bernard had used his American Express card to pay for flights, meals and car rentals. 

"So the only expense charged to the Civic Fund debit card on this multi thousand trip would be the $367 room charge?" Shea asked the witness. Yes replied Beeckman. 

After court recessed, a hearing was held in the courtroom of Judge Marianne Battani to determine why homeless shelter operator Jon Rutherford is not yet imprisoned. Rutherford, who is expected to be a key witness in the Kilpatrick trial, was sentenced in January 2011 to 21 months on tax charges. 

Kwame Kilpatrick defense lawyer Jim Thomas stated that he wanted to see any existing correspondence between Rutherford's lawyer Steve Fishman and prosecutors to verify why Rutherford was still free. Fishman said that the letters were goodwill ones from Rutherford's friends and family and Judge Battani would not release them. Rutherford could get leniency on his 21 month sentence for his testimony in the Kilpatrick trial. 

Court resumes tomorrow at 9AM.

 

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