Chutkow revising his objection. No objection to authenticity of the documents. Looks like Bobby did purchased some trucks. This all tr5anspired in September 2007 but check is for April 2008. Not sure what the correlation is.
Judge says it sounds like good cross examination to her. So it looks like we are going ahead with Rataj's exhibits.
10:29AM Jury coming back in. Bobby just left the courtroom as the jury comes back in.
Judge tells jury that the objection has been overruled and Rataj will go ahead with some of the exhibits.
Looking at check for $25,000. Memo line reads "graphics."
Looking at document from September 17th 2007 from Eastern Michigan Kenworth on Wyoming for $352,203 for 3 trucks. Looks like an order form. Balance due is $317,203.
Looking at promissory note for First Source Bank from October 27th 2007 for $317,403. Signed by Bobby. Loaning funding date is September 27th 2007. Right around the date of the Kenworth document.
Looking at title application. Plate # AB42023. Application for Kenworth tractor. First secured interest, First Source Bank.
Picture of a red truck with yellow and black checkers on the front. Witness says that the plate matches the document and it looks like a newer model truck.
Each truck was $117,000.
Now talking about the graphics on two- trucks. A plainer white truck and the red truck with the black and yellow checkers. Rataj says this is after purchase costs. Witness says she has no idea.
Several weeks after truck purchases, a check made out for "graphics."
Now looking at check from April 30th 2008. Made out for "new truck parts".
Side note: after this trial started, an attempt was made to repossess the three trucks. To this day, the repo man has been unable to find them.
Rataj says that the Ferguson Enterprises logo was an after market purchase. Witness agrees. Not sure about the other graphics. "Wouldn't know one way or another," says witness.
Rataj done. No redirect. Witness excused.
10:45AM Chutkow formally rests the government's case.
Taking a 20 minute break.
Judge says we are going over Rule 29 request after the break. Apparently, this is a defense motion to the judge for acquittal before it goes to the jury.
11:08AM Judge says she needs to make a finding. Judge finds that the government has made its case and that each of the three members who are defendants were part of the conspiracy. Judge says this is merely evidenciary foundation for statements admitted during course of the government's case. Jury will make verdict
Jim Thomas says they felt they would do Rule 29 after they had rested their case. Thomas says throughout the case they have made objections and will not make lengthy discourse except to protect the record.
Judge denies the motion feels there is sufficient evidence to go forward.
US Attorney Michael Bullotta says one of the defense witnesses is going to be a student from the Sherill School. Bullotta says that this witness only relevant if they were at the school until after 2000.
Thomas says they will call other witnesses to testify to the program that Carlita Kilpatrick instituted during the School Arts Fair.