Thomas asks a question about whether witness feels that African Americans are under served by banks.
Bullotta objects to relevance. Thomas asks for sidebar. Judge sustains government objection.
10:45AM Judge says we'll be taking our 20 minute break now to take up evidentiary hearing.
Thomas talking about Civic Fund trial balances from 2003 to 2007, $1.725 million raised. Judge says that she understood that he had evidence of this type and was going to let him go ahead and produce. But she understands that she had not produced any of this evidence to the government and doesn't know if this is the witness to put it into perspective. Judge says she is talking about underlying documents.
Bullotta says that he is told that the trial balances came from Gregory Terrell thus should have gotten into it with Terrell and not this current witness. Definitely thinks this is the wrong witness and there is no foundation. Thomas he may ask for Terrell to come back.
10:50AM Alright so now we are taking our 20 minute break.
11:18AM Judge enters the courtroom.
Judge says she has sustained the government's objection to the use of the exhibit for this witness. Witness says that he doesn't recall exactly when Kwame resigned from Civic Fund board but it was around the time he became mayor. 2001 sounds right.
11:21AM Bullotta cross examines.
Rayford agrees that he was friends with Ferguson as well. Witness says he has had contacted with Kwame in the last 2 months. Says Kwame stopped by his house. Bullotta tells judge he has a question he would like to ask and wants a sidebar. Rayford thinks he was asked to be on the board by Kwame.
Witness does not know who controlled the checkbook of the Civic Fund. Is not sure he would agree that whoever controlled the checkbook ran the Civic Fund.
Rayford says at no time did he ever have say on how monies were spent. Says he never conducted audits of Civic Fund or sat on the committees to direct how Civic Fund money was spent. Rayford unaware of any tax code rules for the Civic Fund. Witness says board made decision to approve money to give to Kwame.
Says Kwame never came to the Board to get approval for his yoga lessons.
Was not personally asked for approval of Cadillac Deville. October 2008 $1228 stay at Great Wolf Lodge was not approved by the witness. Rayford says that he doesn't believe it was in the by-laws for Kwame to benefit personally from the Civic Fund. Says he believed the Civic Fund was something that was required to be separate from political office. Bullotta asks if witness was aware that letters that went out for donations stated implicitly it wasn't for political purposes.
Witness unaware. Rayford not aware and did not approve of the Super Camp expenses of $4,250 for Jelani and Jelil and Jeff Beasley's son in 2008. Rayford does not recall attending Marvel Cheeks's 90th birthday. Does not recall payment for the party being discussing by Civic Fund board.
Bullotta asks about 2008 meeting to dissolve Civic Fund. Witness unaware of any payments to Bernard by the Fund. Witness agrees that was the final official meeting and that Ayanna Kilpatrick called him. Has no idea if it was Kwame's idea to have the meeting.
Talking about witness's grand jury testimony on May 12th 2010. Bullotta says he is attempting to impeach. Judge says she believes it is for part of what was said during Thomas’s direct examination of the witness. In grand jury testimony, witness said he didn't remember if William Phillips was present at the meeting when Ayanna Kilpatrick brought up Kwame's moving expenses. Rayford says Kwame was at meetings when he met with the defense lawyers.
Agrees that he doesn't want to see anything bad happen to his friends. Rayford agrees that he doesn't remember Phillips saying it was proper to approve Kwame moving expenses. But doesn't believe he said it was improper either. Rayford still thinks Phillips was there because they signed documents. But doesn't remember exactly. Bullotta asks if Board ever overruled when Kwame made a decision with the Civic Fund. Thomas objects. Judge sustains.
Bullotta says that Phillips said at the meeting that when the Civic Fund dissolved they had to give it to another 501c4 and couldn't use it for personal purposes. Witness says he is confused. Bullotta says at any point in that last meeting, Phillips making the statement that it is in the by-laws of giving it to another 501c4. Witness does not remember that. Bullotta has an exhibit he wants to show the witness.
Asks if the witness sees his name on the document. He does. Reads from the Civic Fund by-laws. "Upon dissolution, any assets remaining after full and complete payment shall be donated to a 501c4 organization with a similar purpose by majority vote of the board of directors."
Witness still holds that he does not recall Phillips making that statement at the meeting. Amongst people who signed the incumbency certificate: Kwame and the witness himself.
11:44AM John Shea questions.
Witness reiterates he is not aware of any Civic Fund payments to Bernard. Rayford agrees that he was not the check writer. "Purposefully separated myself from any financial situations," says the witness.
11:45AM More from Thomas.
Thomas says he is going to educate the government on this one.