Judge says she is permitting the prosecution to show the results of the metal detector test. She'll ask them to specify settings and says this doesn't require an additional hearing. The judge will look at the unredacted version of the test results in chambers to see if she sees a problem with the redacted version.
Judge says she has been trying to expedite entrance procedures into the courthouse to no avail. Apparently there was an incident yesterday at the courthouse where someone tried to bring in a magazine with clips. Not an actual gun but still a serious security issue which accounts for the long lines and thorough checks into the building.
9:22AM Jury is seated and greeted by Judge Edmunds.
US Attorney Michael Bullotta recalls IRS agent Ron Sauer. Discussing Cunningham's testimony and talking about his and wife Laurie's bank records between 2006-2008.
Sauer says he saw quarterly $25,000 payments along with a $35,000 payments. Bullotta asks about cash withdrawals that would match payments to Bernard. Sauer says he saw such withdrawals.
Looking at a deposit slip of a $20,000 Syncom check from July 7th, 2006 deposited on July 10th. Next document says $20,000 related to consulting fee for Syncom.
Looking at deposit slip on October 3rd, 2006 for another $20,000. Another Syncom check deposited at Comerica Bank.
Check on October 4th, 2006 check payable to cash for $4,000. So check coming out of the account around the time Cunningham was being paid by Syncom- money government contends was for Bernard.
January 19th, 2007, a $35,000 check from Syncom to Andre Cunningham deposited in the account. The check was paid out by Syncom on January 17th.
A check was drawn on the Comerica account in the amount of $10,000 on January 29th, 2007. Again, this matches prosecution's contention about Cunningham paying Bernard a cut of the Syncom money.
Looking at a summary chart of payments by Syncom and large cash withdrawals close in time to the deposits. On June 27th, 2007, a check deposited on that date for $25,000 from Syncom. On that same date, there was a withdrawal of $12,000 in cash.
On September 27th, 2007 there was a deposit for $25,000 and then a cash withdrawal of $5,000.
On October 9th, 2007 there was a cash withdrawal of $3,000.
So between October 4th, 2006 and October 9th, 2007, approximately $34,000 was withdrawn from the Comerica account.
9:35AM John Shea. Bernard's lawyer, cross-examines Sauer.
Shea reminds Sauer that Cunningham pleaded guilty to paying off a relative to $15,000. correct says Sauer. so obviously says Shea Cunningham was taking money out for other purposes. Correct says Sauer.
Shea goes over a series of $25,000 deposits of checks from Syncom with no related withdrawals.
9:37AM Bullotta redirects. Total amount of checks deposited from Syncom was $250,000 and the total amount of withdrawal was $60,000. The pension fund deal was worth $30 million.
Saeur steps down. New witness.
9:39AM Blackwell calls Cassandra Jones of Alan C Young and Associates, a CPA firm. Worked there for 15 years. Was a staff accountant. Trained in yearly seminars at University of Michigan.
Knows Bernard Kilpatrick for 15 years. Assisted in preparing his returns for personal and business purposes.
Jones talks about questionnaire clients fill out about any financial activity during the year. Witness says this is important to document all taxable income received during the year. This is then given to the IRS.
Jones says she would explain by letter and over the phone what she needed from Bernard to calculate his taxes.
Looking at 2004 tax return for Bernard. It's his personal return- on the income section, his wages indicates $2,500. also looking at his gambling winnings and losses for 2004. Total income received for the year was $336,625 as indicated by form. Jones believed this was correct due to the documentation she received. Witness says this would have changed if there was additional income Bernard received that he had not received.
In 2004, $123,700 in cash was deposited into Bernard Kilpatrick's personal account. Witness was not aware of this. Jones says this would have impacted her calculations because she would have questioned what it represented. Particularly if it was taxable income.