DETROIT -

8:56AM So we are back at the courthouse after a day off following defense lawyer Susan Van Dusen's slip on a mat face first into the hard marble floor. Poor woman. It was a rough morning for her Monday with a tough witness on the stand- Kathleen McCann, ex employee of local billionaire Tony Soave.

She was rushed to hospital and we took the day off to allow her a day to recover. sounds like she won't be making it to court today though. Overheard entering the courthouse were fellow Bobby Ferguson defense lawyers Gerald Evelyn and Mike Rataj mentioning that Van Dusen was off to a neurologist to get checked out. I bet she's really missing her home in Miami right now.

Also sounds like the government might be taking a whole new direction today for a new chapter. It'll be interesting to see if one of Ferguson's lawyers continues with McCann or if we do set off on a different track today.

9:02AM Video turns on and it looks like all the players are in the courtroom except for Van Dusen.

I saw Kwame and Bernard Kilpatrick buying a bunch of water bottles outside the first floor shop this morning. "It's to wash away all the bull@##," said Kwame.

Judge tells jury that Van Dusen recovering fall and might be away for the week. Differing the rest of McCann's cross until she is back, probably beginning of next week.

We are going ahead with a new chapter and EPA special agent Carol Paszkiewicz is on the stand.

9:07AM US Attorney Mark Chutkow for government introduces Water commissioner agenda from December 19th 2001 into evidence. 

The witness recognizes a text message exchange between Ferguson and Kwame on October 30th 2002. Inland Waters had started work on contract 1368. 

Ferguson: "When do you meet with Soave?" 

Kwame: "Don't know will holla later." 

Looking at another text exchange between Kwame and Ferguson on November 4th 20002. 1368 was under way. 

Kwame: "I'll call you later on Graimark. I know you met today.... it's fucked up but I'm with George now I'll explain later...." 

Ferguson: "I met with them I cool you know I don't cry for shit that don't help both of us I didn't push $$% issue...What we need to talk about is that effin' Soave...." 

Looking at exchange from August 9th 2004.

Ferguson: "Tonys very smart he didn't call me back Kathleen did asking what was the meeting I requesting pertaining to "holla later...."

Kwame: "Cool."

On August 19th 2004. It's a stop work order from DWSD related to 1368. Sent to Dennis Oszust of Inland Waters referring to having Ferguson stop work until all issues of restoration are addressed. this is 10 days after last email exchange between Ferguson and Kwame.

Email message from Eugenia Blake, worked at FEI, to Ferguson's text on September 2nd 2004.

Blake: "Reminder!!! reminder!!! your 4:30pm with Katheleen McCan 313-567-0125 ext. 280 @ Lafayette.

Defense calls for a sidebar.

9:36AM Text message exchange between Kwame and Ferguson on September 7th 2004. 

Kwame: "What happened with Gino?" That's Gino D'Agostini. 

Ferguson:" I am going to talk to him today, it's the same he wants to work for him just let victor know I geno makes 2.00 fei to make 2.00 also will you look at the invoices to make sure..." This is the actual spelling from the text exchanges not my typos though there are probably some of those too.... 

Another entry from mayor's calendar on September 7th 2004. 8:30am to 9:30am with Victor Mercado at Detroit Club.