The payment of these "success fees" was the topic of a meeting that took place on December 4th, 2007 in the Original House of Pancakes in Royal Oak. Rosendall testified that although the popular breakfast spot was packed when he arrived, he passed by waiting patrons as he was escorted to an empty table. Unbeknownst to Rosendall, the FBI had reserved the table so they could get a good recording of his meeting with Bernard and his then girlfriend Akunna Olumba.
"So I mean I can't tell them you're involved," Rosendall can be heard telling Bernard about how Synagro would be uncomfortable paying someone so close to the mayor.
The witness said they mostly talked about the breakdown of payments to Jackson, Bernard and Olumba. Rosendall that Olumba did no work on the deal and that her role was primarily to serve as a cover for Bernard. The agreed breakdown was that Jackson would get 45%, Bernard would get 45% and Olumna would get 10%. But the way Rosendall decided to pay it was to give Jackson 45% and Olumba 55%. That way, Olumba could keep her 10%, pay Bernard the rest without his being named. The amount to be split between the three would have totaled somewhere between $7 and $8 million said the witness.
Before leaving the restaurant, Bernard can be heard saying that he once similarly met with former Wayne County executive Ed McNamara and potential Detroit mayoral candidate Mike Duggan to carve out county deals.
US Attorney Michael Bullotta then played another recording for the jury, this time a December 20th 2007 voicemail message. Rosendall can be heard saying on his recording that he will be on vacation until January 7th.
An aggravated Bernard decided to let Rosendall know that was not acceptable: "This is BK. I'd appreciate a call today, Vacation or no mother f***ing vacation."
A worried Rosendall decided to make amends with Bernard.
The witness said he still worried about the lucrative Synagro deal going sideways so he met that same day with Bernard in the parking lot outside Kilpatrick's office. Rosendall explained they met outside despite the cold because Bernard was worried his office was being bugged.
Obviously, Kilpatrick was unaware that the FBI had a camera on him in the parking lot. A video was played showing Rosendall grabbing his gift for Bernard, a case of Cristal champagne worth a couple of thousand dollars, out of his white SUV and carrying it to the back of Bernard's black Escalade.
Rosendall testified that Bernard appeared frustrated and complained that he needed to buy his grandchildren Christmas gifts. Also seen on the video is Rosendall going back to his car and grabbing something out of the center console. The witness testified that he took $300, put it in a gum wrapper and handed it to Bernard.
On January 22nd 2008, FBI agents pulled over Rosendall as he was driving home to Grand Rapids. Overnight, the witness decided it was in his best interest to cooperate with the federal investigation.
Rosendall was wired when he arranged to meet Bernard at Southern Fires restaurant on the lower east side on January 29th 2008.
At one point, Bernard can be heard telling Rosendall, "I'll walk away but I'll blow up the house....If you steal my tv and I try and get it, I'll just blow up the house."
Rosendall testified that Bernard was saying that if he didn't get his financial agreement, he was going to blow up the deal.
Rosendall had $2,500 in cash that the FBI had given him to pay Bernard with. The witness testified that he took out the cash, folded it and tried to hand it to Bernard but he refused saying he wanted a check.
And finally, the courtroom watched a recorded encounter on March 5th 2008 that took place between Rosendall and Bernard outside Kilpatrick's condominium complex.
Kilpatrick, wearing a King Tut sweatshirt, can be heard telling Rosendall he "was pissed the other day" when Rosendall tried to hand him $2,500 in cash.
"I don't know why you do sh#$ like that...You know I don't want anybody seeing me taking money," says Kilpatrick in the video. "I mean we're in a restaurant and you don't know if there are cameras in here."
At one point, Bernard holds up one of his hands displaying five fingers. "Why don't you do that man?" says Bernard.
And what, asked the prosecutor, did Kilpatrick mean by that.
That he wanted $5,000 dollars monthly said the witness.
Court resumes Friday at 9AM.
About the author
Alexandra Harland is a Princeton undergrad and has a masters degree in International affairs with Columbia. A Montreal native, she worked with the Daily Telegraph newspaper for a few years before transitioning to TV, when she worked at ABC News with Peter Jennings. Alexandra has also worked in newsrooms in both Detroit and Boston.