Live Blog: Kwame Kilpatrick Trial Day 44 - Boston News, Weather, Sports | FOX 25 | MyFoxBoston

Live Blog: Kwame Kilpatrick Trial Day 44

Detroit (MyFoxDetroit) -

Judge Edmunds calls a halt for the day.  A day of sometimes raucous wrangling, disgusted defense lawyers, peeved prosecutors, and a Judge who could have added a few white stripes to her robe and carried a whistle.

M.L. Elrick will have the box scores tonight on Fox 2 news, and in his Daily Takeaway tonight, a completely different side of Bobby Ferguson.  Why M.L. likes Bobby and the time Bobby bought him a coke. You'll find that on


Chutkow now going back to the summer 2005 meetings with Bobby and was this months before the Mayor signed the executive order.  Chutkow asks if this was a face to face meeting.  Parker says yes, a face to face meeting with Ferguson.

Chutkow now asks if referring to the tickets he has ever given a city official any gifts of value, like a Cartier watch, plane flights, fancy suits....  Parker says no sir.  Thomas objects and calls for a time out, I mean a side bar.

AFter the sidebar.  Chutkow asks what he meant when he said he made a bad judgement about working for Ferguson.  Parker says he was embarrassed it hurt him professionally.

Chutkow says he's done and Thomas leaps out of his chair, tells the judge he knows she want to end at 12:30 (3 minutes away) and tells her he can be done.  EVeryone is standing and ready to go. 

Judge Edmunds relents and everyone sits down but Evelyn and Kwame.  Thomas jokes will you guys just sit down.  EVelyn does and Kwame starts to but waves Thomas over and whispers in his ear and points to the  jury.

Thomas throws up his hands in exasperation and says I guess the jury wants to go home. 

So the guy who scored the most points with  the jury for the defense today was the defendant himself, and he didn't ask a single question or testify.


EVelyn is done, maybe this will all become clear when the defense gets to present it's case.

Chutkow on redirect.  ARe you working for the government.  No sir.  ARe you getting anything by being here?  Evelyn objects, he's over ruled.  No.

Chutkow now showing that email where the parker said the guy was afraid of Bobby.  Thomas objects, the judge tells Chutkow he has to lay a better foundation.  Parker eventually gets to the answer that the guy was afraid to work for Bobby.

Chutkow now moving to the email Parker sent to his boss in which he lied about Bobby being behind it.  parker says if he told them Bobby was involved they wouldn't want to participate. 

Chutkow asks about Ferguson's influence level of in the administration.  Parker says he was the Mayor's best friend, a very high level. 

Chutkow had to work to get to that last questions through repeated objections from Thomas.  What Chutkow started to ask was... did Bobby have the same power as the Official city officials. 


EVelyn now asking about a time he saw parker waking outside of one of the court buildings.  Parker says he waved to Evelyn, yes sir, and you stopped to acknowledge me, you did you stopped and waved.  Chutkow says indignantly is Mr Evelyn testifying now.  Judge calls for a sidebar.  This would be great theater if it was apparent what Evelyn was trying to get at but he's all over the map and hardly able to follow.

EVelyn now asking if he showed someone an invoice, using his cell phone, at a cigar bar, to never  get business, to get him to hire you.  no Sir   You never showed him his own invoices.. no empathically.


EVelyn showing another letter now responding to Parker's letter.  This is from DWSD saying they don't know why the contracts were not approved because Ferguson was the low bidder.

Evelyn asks if DWSD... Parker smiles, EVelyn asks why are you smiling, parker responds, with hands up in the air, I'm just a happy man.

EVelyn asks if he left Ferguson in Aug 2009. Yes sir.  asks it is true after you left you worked for him as a consultant.  Yes sir.  EVelyn shows the consultant agreement and asks if he came up with it.  Parker says it was a template and he just filled it in.

Evelyn asks if describes the services he was proposing to provide.  yes sir. $5,000 a month.  ASks if he wanted Ferguson to be the first client and get a percentage of any contract.  .5%

EVelyn says even though you had those bad experiences you described to us today you wanted him to be your first customer.  Yes sir.

Asks if he told Jim Thomas he talked to the government, the FBI a number of times.  REads dates.  STill reading dates.  Parker says yes.

Evelyn says you had a lot of exposure to the government about what they want you to testify about.  Chutkow objects, Judge Edmunds, acidly sustains.


Evelyn shows it Parker a contractor list and the company qualifications for minority status.  This one shows the E and T trucking minority status is "in process."  Parker testified yesterday that Bobby told him to go to his snitches at Human Rights and get EandT's status revoked.

EVlyn asks if he went to work for Bobby.  Yes sir.  Says twice you worked for Walbridge.  Yes.  Evelyn says even though you had all those threats from Ferguson you still went to work for him.  Parker says I made a bad judgement.

so you're telling this jury and this court that after all that bad stuff you went to work with him.  Chutkow says it was after he worked for Ferguson that he was told to shake down Lakeshore.

EVelyn is proselytizing now,  all that bad stuff, people losing their jobs, the floods coming, babies crying... okay he didn't say it exactly like that but you get the idea.

Evelyn showing a letter he wrote and sent copies to several council member, reads off all the names then asks you covered the whole council.  Yes sir.

Letter says your recent nay vote has created a severe hardship for a Detroit based black owned firm, causing  homelessness.  Evelyn says you wrote this because council voted against giving bobby some contracts.  Evelyn asks if the statements in the letter are true.. Yes sir.


Evelyn is showing a letter regarding executive order 110.22  another BABy creek document asking for a sub-contractor award list and sets up monthly reports, it's from Feb 11. one day later.

Parker asks one day later than what.  I'm asking the same thing.  Evelyn show a letter from the tenth saying this is the other from Scott penrod.  I'm going to look back and see if I can figure out what that is.

Well I can't find it but it looks like they know what they're talking about.

EVelyn asks if Kim Harris  was still employed at the city when Walbridge purchased the tickets.

Evelyn now showing an  email from Ron Hausman to Rakolta at WAlbridge, says you may get a call from Bobby about involving them wit our company on the job. 

Evelyn asks if someone reached out to Bobby about involving him on the job.  Yes sir.

says the help we're giving his guys on moving  baby creek forward is going well.

Next an email from  SCott Penrod to Parker, dateted March 5 2007, it's asking if the bid date can be pushed back a week.

Next email is also from Parker to Penrod saying he talked to Edwards and the date for Oakwood's bid submission is pushed back a week.

EVelyn asks if  parker got the bid pushed back.  Parker says it didn't go down that way. Parker says what you're insinuating is misleading.  EVelyn says did he just tell you that.  Yes.  EVelyn asks do you know why it was pushed back.  Parker says because bulletin number three was not prepared.


Evelyn is showing that second document now, it's a big grid sheet with a list of contractors.  EVelyn asks if he's seen this before today.  No.

Evelyn asks if it's the bid document for Baby Creek.  Parker says he's never seen the document.

Evelyn now moves to a 6 page document. This is from Ron Houseman to Jon Dakota and others at Walbridge. 

Evelyn reads It says: FYI in case you need specifics the bids today on baby creek were very close... it look like we may have a job.  But it will probably be a court fight... and for a sweet &# million everyone will get viscous.

Evelyn reads the part outlining speculation that a competitor will probably try to get additional  credit for joining a joint venue with a minority company.... says it will be  a dog fight.

Evelyn move to the next page showing a break out of the bid results from Feb 2003.

Third page EVelyn shows is just the fax cover sheet showing it was sent to Walbridge from Faith Robinson from contracts and grants.

EVelyn now moves to the DWSD notifying Walbridge it's the low bidder Feb 10 2003.

Now a sort email from Parker Feb 12 2003 5pm to Walbridge officials.  Says he spoke thigh Dan Edwards hi indicated that the city's lawyer have advised Mw. Audrey Jackson city of Detroit.... says this is a great sign given that ms Jackson concurred the origin fining's Thom DWSD.... the lawyers will not be involved.

Parker says this is not inside information, says he called Edwards and Edwards would have told him if he was asking a question he was not able to answer.



Evelyn starts by showing a 2 page document from Daniel Edwards at DWSD and it's the advertisement for BAby Creek, the swear construction contract, date Sept 26 2002.

EVelyn reads the pre bid conference is Oct 15 2002. 2002.  Parker says Judge Edmunds pointed out a wrong date and he hasn't seen a turn around time this quick. Evelyn tells him just answer the questions I ask.

Chutkow points out that there are two documents errantly stapled together, they take a minute to straighten this out.


WE're back, EVelyn is back, and Bernard Parker is back.  I'm taking a deep breath.  The testimony this morning was a real roller coaster ride.  Now we're just waiting for the Jury to come back.

EVlyn got Parker to admit he lied to his bosses.  What looked like a strong government witnesses is now a proven liar.  Some of My colleagues in the press see this as a win for the defense, that parker was conspiring with Bobby to get more money for himself, which parker said was true.  But Evelyn pointed out in court that it was Bobby that told Parker to lie, that Parker should tell his bosses that his meeting with Bobby was instead a meeting with a "high ranking" government official.  Does it  help to tell a jury that it was your clients idea to tell the lie.  We'll find out in two months or so when the jury renders it decision.

and we're starting the next round with a side-bar.


That was like awaiting a tennis match on fast forward!  Judge Edmunds calls a halt to the battle and says we're taking a break.  The combatants leave the field.  The problem with live blogging is these battles of wits is they're way more fun to watch than read about.


Evelyn asks if Bobby told him to lie to his boss.  Parker says yes sir that is the truth. Parker says Bobby didn't tell him what to write but he wrote the email based on his conversation with Bobby.

EVelyn is firing a million questions at Parker now but I can't get past the fact that Evelyn just said out loud that Bobby told him to lie and Parker said yes.

Judge Edmunds jumps in now and tells the two they need to quick talking over each other.

Judge tells Evelyn to let him answer the question.  Parker asks for the question again and Evelyn says he'll ask a different question. 

So Evelyn asks isn't this a bunch of HOgwash it isn't a real letter.  Parker says he wrote the letter it's a real letter.  Parker is a very literal thinker.

So Parker admitted he lied to his bosses in this letter and EVelyn told us it was Bobby that ordered him too.  I don't see how this is helping the defense in any way.



Evelyn is now showing another email Parker wrote in 2005.  REads I received an unofficial call from a high level ranking appointee in the Kilpatrick administration.  Evelyn asks if he's telling his bosses he's valuable to the company, making them money.  Parker quibbles about the terminology but says yes.

EVelyna asks who was that high ranking official.  Parker says that was Bobby. Evelyn asks you say high level appointee.  says either you were lying to your bosses.  Parker admits he was lying to his bosses.  Evelyn's says so when you make up your mind to tell a lie you'll do so.  Isn't that what you did.  yes sir.

Evelyn says the government called you, Your 'e a government witness.  Parker says he doesn't want to be here, believe me.  Yes, I was subpoenaed.

EVlyn says let's find out what's true and what's not true.


EVelyn has settled down now, he's even talking more calmly.  He's showing a document Parker signed.  It's an email.  EVelyn is nervously messing with the document, sliding it all around the screen and it's impossible to read, he's making me sea sick.

Okay, the key line in the document seems to be that Dennis Oszust picked a team that included Ferguson but that Ferguson may not have known he was part of the team.  Evelyn asks about the conversations about risk and providing bonds.

EVelyn reads it's in my opinion that we are being manipulated and asked to reduce our price.  Packer says it was so long ago, he wrote it but he really doesn't remember it.

This was an email to Parker and included Parker's response.


Parker tell Evelyn he couldn't get baby sitters so he didn't  go to these shows.

Evelyn now showing an email requesting an in kind contribution to pay for an internship with the Human Rights Department.  Asks if he was told he needed to answer soon because ht internship started next week.  Parker says he needed to meet with his boss to discuss the internship.

Evelyn asks if the tickets were hand delivered.  You want them to know who gave them to them.  Yes.

EVelyn shows him a memo where he asked for a signing bonus to get a contract signed fast.  Parker says yes and says that deal never went through because the guy he was working for was afraid of bobby and afraid to do business in Detroit.

Evelyn is incensed, says you volunteered that, didn't you volunteer that?  Are you working that hard to help the government?  Evelyn is literally spinning with anger, he's turned around three times at the podium waving a document in his hand saying you volunteered that.

Chutkow finally objects and Judge Edmunds breaks it up.

Evelyn is non-plussed, it's taking him ages to settle down and get his next document on the projector.


Evelyn asks if he sometimes get a piece or percentage of a contract or a percentage as a business developer, if that how he gets compensated..  Parker says yes, that's written down.

Asks who is Michelle Lutz.  Parker says he believes she used to work at Walbridge. Evelyn show an email Parker sent to her in Jan 2007.

Evelyn says this is a request for Walbridge to pay for tickets to a Jamie Fox Show, for Mr. and Mrs Kilpatrick and party,  shows another request for Kandia Milton and another show, and he's going too fast, Judge tells him to slow down and he starts over.

First set of tickets for Beatty and her husband the Kilpatrick's and Parker and his wife.  SEcond if for the Cat Williams show for Kandia Milton and his wife, and third is tiger tickets for Kandia and DeDan Milton.  parker says this were charged to a marketing account.

parker says he took them out to cultivate relationships.  Parker says he just gave the tickets to the clients he didn't get to go to the shows.

Judge Edmunds tell Evelyn to slow down.  Evelyn is talking like a cat with his  tail on fire.  He must think he's got something really good here.

Shows more shows and tickets.


Evelyn is up now asking about his background.  Parker says he got a BA from Sienna Heights University and he was a non traditional student, says he's 43 years old.  ASks about his Father Bernard Parker II (who stared Operation Get Down)  being a county commissioner. Asks did his Dad introduce him to a lot of people.  Yes.

EVelyn asks if relationships are important.  yes sir.

asks about business development and is it localized and easier for him to do in Detroit than SAn Francisco.

EVelyn asks if he exploits, takes advantage of, relationships.  Parker objects to the characterization as says relationships are a two way street.

Evelyn asks if he uses his relationship to get money for his clients.  EVelyn is on fire, no slow contemplative questioning here.  I've watched too many Perry Mason show, Perry always paused dramatically, these guys just pop off questions like fire crackers on Chinese new year.

And the Judge just told Evelyn to slow down.


Thomas now asking if John Ricalta at Walbridge had socialized with the Mayor.  Parker says it wouldn't surprise him to know they bumped into each other casually.  Thomas jokes let's not go into that.  He's referring to Parker calling out for being introduced to THomas at a cigar bar, which Thomas didn't remember.

Thomas now asks if he knew Derrick Miller when they were kids.  Parker says his Dad was Miller's baseball coach.  Thomas asks if he'd kept up with Miller.  Parker says he hadn't seen him in years.

Thomas asks if he tried to build on that childhood relationship.  Parker says he a Miller "re-engaged" at election time.  Thomas asks if Parker tried to engage with  Miller on the basis of his childhood friendship.  Parker asks for the definition of engage.  Thomas gives him several examples and Parker finally says yes sir.

Thomas asks  if when he had an issue with his employer who would you call.  Parker says it would have been Derrick.  And Thomas is done.


Thomas says you testified you had talked to the Mayor at a precinct delegate meeting, goes to notes from the government, Kwame is motioning to Thomas and he leans over to hear what Kwame is whispering while Parker reads the document.

Thomas says you couldn't remember then where the meeting was but now you can  remember.  Asks did you say yesterday that Kwame told you go talk to Bobby?  Parker tries to tell him but you showed an email... Thomas interrupts.

Judge Edmunds tells him to answer the question just about what he testified to.   Parker says yes sir.

Parker is being downright difficult, Judge Edmunds has had to direct him how to answer the questions, and not to ask questions.

Thomas asks if this is your statement from October, and is this your statement now.  Yes

Thomas says he told you to go see Bobby and Dennis Oszust (from Insituform)  Thomas asks can you see the difference. 

A juror asks a question but Judge Edmunds tells him he can't ask that.  I couldn't hear the juror, but Judge Edmunds tells him he has to take the testimony as is.


Thomas shows him the amendment Kwame signed ordering the payment of the contract. 

During an earlier interview with the FBI Parker looked at this, saw the date and said, "wow."  He was surprised because the amendment authorizing Mercado to pay for the sewer lining contract showed it was already signed when parker was still under the impression that the Mayor was still holding it up.

Thomas is going to try to pin parker down now with his earlier statements to the FBI.

Thomas shows him the document from one meeting and asks if that was his first meeting.  No sir.

Parker is taking  his time paging through the documents.  Thomas is testy, Parker is no pushover, and this is pretty intense, you can hear a pin drop.

Thomas asks if he read this and is it his statement.  Does it say anything about 1368.  Parker cites page number and paragraph.  Says it does not say anything about having a meeting with the Mayor.


Thomas asks if it refreshes his recollection about his participation in the recount.  Parker emphatically says he did not participate in the recount.

Thomas ask the next question about a meeting with Bobby and Parker corrects him about the participants.  Parker seems frustrated with Thomas because Thomas is not getting the details right.

Thomas shows him a document and asks about Insituform being concerned about getting paid for the  sewer lining contract, asks if Parker was encouraged to try to salvage the contract.  Parker says it wasn't a dead issue but he believed it was on the Mayor's desk.

Thomas asks if he was surprised the Mayor had already signed it.  Yes.

Thomas says you used the work "snitches" yesterday.  Chutkow objects and says that's what Bobby said to Parker, that wasn't Parker's word.  Thomas stand corrected and moves on and asks if he had "contracts." Yes.

ASks if contacts could be wrong. Yes.  aSks if he had impressions in his mind when he went to see the Mayor and those were incorrect. Parker says I don't know that sir.


Thomas says I place a newspaper article in front of you... Parker interrupts and says he  doesn't have anything in front of him.  Thomas tracks it down.  Asks Parker to explain what a checker challenger is.  Parker says this folks go to polling places and make sure that proper rules are being followed during voting.

Thomas asks if during recount there are also challengers, asks if he remembers being a checker for the recount.  Parker says he did this  for the election but not the recount.

Thomas asks if he went to Cobo hall for the recount.  Parker says he doesn't recall.

Thomas asks if the newspaper article  refreshes his memory.  Parker lean forward and squints to read.  Wouldn't it be a hoot if the article quotes Bernard Parker?  Although there are several in the city, including a commissioner Bernard Parker, so this could get good.


Back to cross examination, Thomas is questioning and Parker is back in the witness box.  Thomas asks him about a job interview and asks did he sell himself based on having city contracts.  Parker is confusing, apologetic, says he's not trying to be hostile, but doesn't understand the question.  Thomas works it out and Parker finally answers yes.

Thomas is asking if a Walbridge official thought Parker was a bullshit artist.  Objection sustained, Thomas asks the same question again.  Judge Edmunds tells him it's an improper question ask it a different way.

Thomas asks if he had supporters at Walbridge but he doesn't have any indication that anyone thought negatively of him.  No sir.


The Judge tells her clerk she's ready for the jury.  The Judge is explaining that she has admitted evidence from third parties objected to by the defense as hear-say.  She cites two cases:us v Williams, and us v Collins.  Judge Edmunds says these cases deal with hear-say to  establish the victim's state of mind and not the truth of the matter. She cites that in RICO cases where a witness has a fear of economic harm, what others said to them, that the fact that the victim heard them, and goes to the victim's state of mind.  

John Shea, Bernard's attorney, is arguing that there's a distinction between what a victim heard that goes to his state of mind and what a victim heard and testifies to as evidence.  He stated it much better, I'll see if  I can catch up to him later to get better handle on it.

One objection was about Bobby's anger over a letter written accusing him of  getting his work only through his connections with a highly placed city official.  Judge Edmunds those witnesses were actually participants in the conversations and were making observation.


"All Rise"  Court is in session and the lawyers immediately ask to approach the bench.


The picture is up and the only defendant missing from the court room is Bobby Ferguson.  Thomas and Chutkow are having a quick conference, I'm guessing about evidence.  Bernard Parker will be back in the box, he was a great witness and his testimony yesterday was riveting.


Good morning from the busy and bustling Theodore Levin Federal Court House in downtown Detroit.  Another immigration day and the lines are out the door.  The main hall is filled with the smiling faces of soon to be Citizens.

Ken Martinek is Senior Producer-Investigations for Fox 2 News.  You can contact him at

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