Live Blog: Kwame Kilpatrick Trial Day 51 - Los Angeles News | FOX 11 LA KTTV

Live Blog: Kwame Kilpatrick Trial Day 51

Updated:
DETROIT -


Judge Edmunds says Evelyn will get a chance to cross examine but we'll do it Monday. She tells the jury to have a nice weekend, don't read or watch the trial coverage, and thanks for the piece of cheesecake it was delicious.

So we're done for another week and government star witness Derrick Miller will be back.

M.L. Elrick will have a unique look at the relationship between Derrick and Kwame tonight on Fox 2 news.  That story was going to air last night but we were interrupted by the Corrections Department putting Kwame on a tether... He'll probably talk a little more about that as well.  And don't forget to catch his take away on MyFoxDetroit.com.

Have a great weekend.


12:41

Thomas says your 'e looking at 51 months but you want a better outcome. Miller says he's hoping for the best possible outcome.  Says the government can recommend less time.

Thomas says and you want them to recommend less time. You re' telling me then that if they don't give you less time, isn't in your mind you'll be disappointed.  Miller says yes.

Thomas says the government's satisfaction with your testimony is important.  Miller says whether it satisfies... all he can do is cooperate.

Thomas says and that's the bottom line for you so you can go home to your wife and son.  yes.

Nothing further from Thomas.

Judge Edmunds asks Bobby's attorney Gerald Evelyn if he wants to start.  The defense asks if they can approach the bench.

12:37

Thomas asks if he asked Kwame to come to a  plea with security cameras and to give Kwame 10,000 in the bathroom.  Miller says that's his testimony and there's nobody to corroborate that.

Thomas asks about Miller's plea agreement.

Thomas asks if he's aware of any changes as a result of his attorney's effort, that the government wanted him to plead before he testified.  Miller says that's probably true.

Thomas asks if part of his cooperation meant testifying at trial, he won't be sentenced until after his cooperation.  That's Miller's understanding.

Thomas says there's a narrative of conduct in the agreement, drawn up by the government.  Miller asks if he can see it.  Thomas walks over to the witness stand, points, says this is what we're talking about.  Miller agrees it was drafted by the government.

Thomas asks at the time you knew there was talk about the charges Miller would plead to.  Miller says yes.

Thomas says you were charged with racketeering, multiple counts, through the roof, that the judge could stack the time.  Yes.

Thomas says those guidelines were 169 to 210 months.  Miller agrees he knew that when he signed.

Thomas says you knew you were looking at basketball scores in your sentencing.  Miller says yes.

Thomas asks if he puts his family first.  Miller says there are a lot of things that are important to him.  Thomas pushes the family thing.

TGomas says you knew the government was looking at charging Kilpatrick.  Miller says he knew charges were coming.

Thomas says this was motivation for you to testify, a train was coming down the track headed right at you.  You saw the government as a train and you were going to get hit.

Miller says yes he hopes his sentence will be less...

Thomas says the fact that you're not going to be with you're family and that's the train coming down the tracks.

miler say if you call it a train coming down the tracks that's what you can call it.

Thomas asks if Miller and his attorney don't agree with the government on the sentencing guidelines.  Judge Edmunds says this is not appropriate for the witness.

Thomas says there's no racketeering charge pending for you any more.  NMiller says that charge will be eliminated.

Thomas says you can still be facing ten years.  Miller says yes.

12:23

Court is back in session.  Thomas is asking about Andrew Park and SCAN.  ASks if Miller thought this was an opportunity for him.  Miller says he didn't think of it as an opportunity but he did get money from the deal.

Thomas asks if this was another instance of Miller figuring out what was in it for him.  Miller quibble about the term figuring it out.

Thomas asks about the time Kwame asked him to go get money from those guys.  ASks if this was so Kilpatrick would have deniability.  Correct.

Thomas asks if ASian Village was up and running. Miller says the building was open but he doesn't know if it was up and running.

Thomas asks if he met with park to get cash.  Yes.  Miller says it might have been in the dragon room or somewhere in there. in the restaurant somewhere, it was secret yes.

Thomas asks if it was furnished, if there were people in the restaurant.  Miller doesn't recall.


Thomas asks if Miller called Kwame on the phone and asked him to come to ASian Village.  Yes.

Thomas says Kilpatrick is a pretty big guy, easily recognizable,and you told him to come to a public place even though you were trying to keep it secret.  Miller says I don't know if I didn't want him to be seen that's just where we met.

Thomas says is that what your testimony is, there's no other person to corroborate that Kilpatrick was there. Miller says right.

Thomas asks if the SCAN deal was done before he got the money from Park.  Chutkow objects.  Judge tell Thomas he needs a better foundation.

MIller says he can't remember what he received at what time.  Miller says Kwame's security staff was with him.

12:22

Thomas says did you hold up Adamo and Alonzo for money.  No.

How about Ken Daniel's who wanted to do copy machines for the city.  Miller says he took $3,000.

And the Judge calls for a break.

11:59

Thomas says you did this so she would perpetuate the lie.  says you were aware the government was interested in if it was a lie.  yes.

you knew that the money had already been transferred to you. yes.

Thomas says that money went into Citivest, the grand jury is now curious about the transaction, that Sheika responded to the subpoena.  yes.

Thomas asks if there was a promissory note generated between Citivest and Atrium, and you and she cooked up a false promissory note.  Yes.

Thomas introducing a document... Chutkow says he's reconsidering this, but the judge overrules his objection and allows Thomas to introduce the promissory note.

Miller says he typed it up. 

Thomas asks if this was to substantiate to the government that it went to Citivest.  Miller says in part correct.

Miller agrees he did not want this money coming back as income.

Thomas says but the money trail would be there and the government was going to find out it went to a company you controlled.  Miller says correct.

Thomas says you got Sheika to sign it.  Miller says it was a document to, and Thomas puts it, to mislead, misinform, to mislead the government.

Thomas says you got a lawyer to doctor this up.  Yes we did.

Thomas says you just asked her to sign the document, a false document, and present it to the grand Jury.  Miller says I asked her to sign the document.

11:49

Thomas asks if Miller had an understanding with Shumake at any time.  Yes.

Before or after you left.  Miller says just be clear to me.  Miller say he's not clear on that because when he talked to Corporation council he hadn't technically left.

500,000 on a 50 million deal...Thomas says I wasn't talking to fast was I.

Thomas asks if he had a disagreement with Shumake about the commission.  Miller says possibly.

Thomas says about the commission you made on the closing.  Possibly. 

Thomas says you got into a physical confrontation that people saw.  Miller says I don't know  if I touched him.  says he was hot. says it had to do with the commission.

It looks like Thomas made his point that Miller set up the deal and expected money while he was working for the city and expected to get it after he left... took awhile.

Thomas now asking if his deal with Shumake and the 500,000 was a commission.  Miller says yes it was for me and my company to Citivest.

Thomas asks if Citivest had an employees that worked on the deal.  Miller says no.

Thomas asks if he set up atrium financial to revive the commission from Shumake to avoid letting people know he'd be getting that commission.  Miller says yes.  He did testify to that yesterday.

Thomas says that's because you were working for the city during the time it was formulated.  Miller says he didn't want anyone on the board to know about it, didn't want it to come back on the city, says I testified to that.

Thomas asks who is Sheika Hamilton.  Miller says an attorney and friend.  Says he wanted her to be associated with the company and agrees he did it to keep his name out of it.

Thomas says Atrium corp was just a lie to keep his name out of it.  Miller says correct.

11:39

Thomas say you already had this plan hatched.  Miller is adamant that he asked corporation council about participating in the deal, says he did consider it before he left the city, that's why he talked to corporation council but it wasn't before the pension board.  Says there was no clear understanding with Shumake before he talked to council. 

All I'm telling you is that at some point before leaving I went to corporate council.

Chutkow says this question has been asked and answered for the last 30 minutes.

Judge calls for a sidebar...

11:38

Miller reiterates again that he introduced Shumake to board members but didn't put in a good word about the board.

Thomas reads from his testimony... you put in a good word.  Miller says at what point.

Chutkow objects and Thomas withdraws the question.

Thomas is showing Miller a document to refresh his recollection.

Thomas asks when it was the pension board approved the deal.

Miller says I don't think that's  what you asked me.  Judge Edmunds jumps in fans says the timelines are... jumbled.

Miller appeals to the judge.  Judge Edmunds says just look at the document and answer his questions.   Miller holds the document out at arms length and says he read the document.

Miller looks genuinely baffled about what Thomas is trying to ask.  I have to admit I'm confused too.

Thomas asks him to read the document.

Miller reads, Thomas asks if Inheritance document group is on the letter.  you didn't see it before because you weren't reading it closely.  Judge Edmunds says just ask the question.

Thomas asks... Judge Edmunds says as to what...

As to this transaction to the pension board.  was ICG conditionally approved before 2007.  Yes.

to do this the pension board has to know about the deal.  Yes.

You knew that Shumake had to become known to the pension board.  Miller yes they'd want to know who he was what his capabilities were.

Thomas asks did he talk to the board before the conditional approval and you had to do that to have a chance to make money.  While you were working with the city you were angling to make %500,000.

Miller says no, when he was working for the city he was just working for the city.

Tomas asks when the pension deal closed.  Yes Dec 2007.

Thomas says you talked to Kwame about when you were leaving.  Yes.

Was Tim Cook working on the ICG deal.  Yes, $50,000.

Thomas asks you got 500 grand.  Miller says it was a commission.

Thomas says a deal this big would take more than just a few months to do.  Yes.

Thomas says you were interested in how it was going so you could make a commission.  Miller say not at first but later he felt he could make a commission.

Thomas says it  had to be before the closing while you were working with the city of Detroit.  Miller says I already said I did consider it and went to the corporation council to ask about it.

11:19

Miller says he wasn't thinking about making money when he talked to Cullen about the deal.

Thomas says but you only recommended SChumake.  Right.

Thomas says you talked to pension board members.  Miller says he didn't talk to people on the pension board he only talked to SChumake about it.

Thomas asks if Miller talked to Shumake about getting a cut.  Miler says yeas after he left the city job.

Thomas says sir, didn't you tell the government you were expecting to get 1 percent of the deal.

Miller says once he left he went to the city lawyer and asked if he could be involved, says he didn't have a deal until after he left the city.

Thomas, sir, the pension board would have been considering this deal well before you left the city.  Miller says he doesn't recall talking to Jeff Beasley or anyone on the pension board.

Tomas says you don't recall talking to anyone on the pension board.  Miller says he may have introduced him to someone on the pension board.

Thomas says the pension board approval comes before the money is exchanged, before the deal closes.  Miller says he be lives so because the funding has to be in place.

Miller says he did have contact with the board but he didn't talk to them on his behalf says he doesn't think he did testify to that. Show me something if you want to.

11:12

Jim Thomas is reviewing what Miller Talked to agents about in 2011 and the money he told them he took.

Thomas says you changed your job.  Miller says after the first election in 2006.

Thomas asks if his offices were on the 11th floor.  Miller says yes.  Thomas asks if Warren Evans had an office up there.  No he did not.

Thomas, as far as your conversations with your dealing you said you took money improperly, what year and what month.  I don't recall exactly when.

Was it from Jones, Lange, LaSalle or some other person.  Miller says it could have been from Kado, the first time he took money.

Thomas says it was cash, an attempt to hide the money.  Miller says correct.

Thomas asks about Tim Cook from Skyline Real Estate. Thomas asks if he and cook agreed to share the proceeds of some scheme, and the scheme was to engage and promote another company to manage the properties of the city of Detroit.  Miller says what.

Thomas says you and Cook and Mark TAlley suggested you could make some money if their company represented the city's real estate interests.

Thomas says so you and he and cook sat at the bar and decided how to make money.  Miller says partially correct.

Thomas say when Cook got cash you got cash too?  Correct.

It was deeded at that table you'd get cash.  Miller says that wasn't decided at that time, not whether it was cash or not.

Thomas says but you did get cash.  Miller says correct.

Thomas asks if the deal changed, did Tally get cut out.  Miller says there was an issue between the two of them but no to his Knowledge.

Thomas asks if he new when Tally would get his commission.  Miller says yes, but he does' know.

Thomas says so TAlly gave you cash.  Miller says no, cook gave him the cash.

Thomas says am I not being clear.  Miller says I'm just trying to keep it clear, make sure you're being clear.  He wasn't being obstructive, just seemed earnestly trying to make sure.

Thomas says you were splitting it one third one third on third.  Miller says Tally gave cook money and he got a cut of what cook got and he relied on what cook gave him.

Thomas asks if Cook was a good friend.  Miller says I wouldn't call him a good friend.

Thomas says but a good enough friend to sit around a bar and scheme how to make money.  Miller says yes,  to sit around a bar and make money.

Miller admits it was all about the money.

Thomas asks if he schemed with SChumake under the table to scheme to a deal with GM.  Miller says no it wasn't under the table.

Thomas say you know Shumake was a REal estate broker. Yes

SChumake wanted to do large deals.  Yes

You knew GM wanted to save money tax wise and SChumake wanted to get involved with Gm.  That's correct.

Because you were with the city  you could assist SChumake to have GM sell and lease back property from the city of Detroit.  Correct.

It's off GM's books.  yes.

It's SChumakes advantage and you can 'rent it for more than you have to buy it for to make money.  Yes.

You helped get pension fund approval. Yes.

It was a good deal.  Yes.

Thomas asks if Matt Cullen, from the riverfront conservancy, a friend.  Yes.

Did you tell him about your relationship with SChumake.  Yes.

You hid that fro your good friend Cullen.  yes.

11:06

Jim Thomas is reviewing what Miller Talked to agents about in 2011 and the money he told them he took.

Thomas says you changed your job.  Miller says after the first election in 2006.

Thomas asks if his offices were on the 11th floor.  Miller says yes.  Thomas asks if Warren Evans had an office up there.  No he did not.

Thomas, as far as your conversations with your dealing you said you took money improperly, what year and what month.  I don't recall exactly when.

Was it from Jones, Lange, LaSalle or some other person.  Miller says it could have been from Kado, the first time he took money.

Thomas says it was cash, an attempt to hide the money.  Miller says correct.

Thomas asks about Tim Cook from Skyline Real Estate. Thomas asks if he and cook agreed to share the proceeds of some scheme, and the scheme was to engage and promote another company to manage the properties of the city of Detroit.  Miller says what.

Thomas says you and Cook and Mark TAlley suggested you could make some money if their company represented the city's real estate interests.

Thomas says so you and he and cook sat at the bar and decided how to make money.  Miller says partially correct.

Thomas say when Cook got cash you got cash too?  Correct.

It was deeded at that table you'd get cash.  Miller says that wasn't decided at that time, not whether it was cash or not.

Thomas says but you did get cash.  Miller says correct.

Thomas asks if the deal changed, did Tally get cut out.  Miller says there was an issue between the two of them but no to his Knowledge.

Thomas asks if he new when Tally would get his commission.  Miller says yes, but he doesn't know.

Thomas says so TAlly gave you cash.  Miller says no, cook gave him the cash.

Thomas says am I not being clear.  Miller says I'm just trying to keep it clear, make sure you're being clear.  He wasn't being obstructive, just seemed earnestly trying to make sure.

Thomas says you were splitting it one third one third on third.  Miller says Tally gave cook money and he got a cut of what cook got and he relied on what cook gave him.

10:54

"all rise"  Court is back in session.

10:53

And we're on break for 20 minutes.

10:28

Thomas moves on to Karl Kado and Cobo Hall.  Asks if he recalls conversations with Kado on possible  business opportunities.  Miller doesn't recall.

Thomas asks if he talked to Kado and Conrad Mallet on the night of the debate about making contributions.  Miller says that was 11 years ago.

Thomas, do you recall the government interview.  Miller says do you mean did the ask me about Kado and Mallot.  Thomas says yes.  Miller says I don't recall.

Miller keeps trying to get Thomas's questions clear by repeating then back to Thomas.  thing is he's actually putting the question better that Thomas is stating them.  It's taking forever.

Thomas show him the interview and say now do you remember and this was before Kwame could do anything for Kado.  Muller says correct.


Thomas asks if he went to Kado's office to pick up something at that time.  Miller says he went somewhere to pick it up.  Thomas asks if Kado gave him $10,000.  Miller says yes and he took it back to the campaign.

Thomas says and you have no reason to believe it didn't go to the campaign.  Miller says no I don't'

Thomas asks he Kado gave him money.  Miller asks do you mean money he gave to me personally?  Thomas says yes.  Miller says a couple of times Kado gave him $5-10,000.

Thomas asks who was running Cobo at the time of the campaign.  Miller says he believes it was Lou Pavledes.

Tomas says you indicated Kado worked for him.  Miller says he didn't work for me he reported to me.

Thomas asks if Miller testified that Kado had him in his pocket.  Miller says did I say that? I don't remember saying that.

Thomas shows him an interview, says Kado say  he thought he owned him at that point.  Miller says that's the interpretation of the writer, owned you, but certainly Miller admits he was compromised at that time.

10:15

Thomas asks if he knew the government was grooming him to be a witness.  Miler says no.

Thomas asks if he knew he was indicted when he went back to see them.  Miller says after when.

Thomas goes through the timeline, asks if  he entered into a plea agreement.  Miller asks Prior to the indictment?  Thomas says noooo.

Thomas asks  if the pressure was on.  Miller asks do you mean after the plea agreement?  if it's after the plea agreement then yes.

Thomas asks when you sat down with the government you were feeling all those things, jeopardy, going ready to the trial, that you netted nothing about all those meetings but getting indicted.  Miller says those first 5 meeting didn't enter into his mind, says the meetings after the indictment were to try to minimize his punishment.

10:14

Thomas asks in the fall of 2011,let me go back, after the meetings with the government you got charged.  Miller says ultimately, yes.

Thomas says there came a time when you were interviews on July 19, 15,16, and Aug 19 and 20 and in the 5th interview you got indicted?  Miller says he got indicted whenever the indictment was that came down.  Miller says you'll have to show me the indictment.

Thomas says after the first 5 meetings did they tell you they were going to indict you.  Miller doesn't recall.

Thomas , did they tell you they didn't be live you.  they didn't tell me that.

Thomas asks you talked to them not only the hear what they had to say but to help you avoid indictment.  Miller say it was all new to him so he doesn't remember what his state of mind was.  It was all a major deal.

Thomas you knew they had the power to put you in prison.  yes.

That you could go to prison and had no intention to try to talk your way out of it.  Miller says it was just about information.

Thomas says you weren't sitting down with then out of the goodness of  your heart.  Miller says he did understand that talking to the feds might minimize his punishment but he didn't think at the time he'd be walking away from anything.

Thomas says did they tell you they wanted you to be a witness.  they didn't tell me that.

Thomas asks if there were things you didn't want to tell them.  Miller says forcefully correct.  Says he was not completely honest with them.

Thomas asks if he knew it was a crime to lie to agents.  Miller says he knew he could talk to them and because of the agreement they couldn't use it against them.  Miller says he tried to hide Kwame's criminality from the Feds.

Thomas asks if he knew he could go  to  prison.  yes.

Miller says when asked he did not disclose certain things.

Thomas says unless you lie then they can use things against him.  Miller says yes if he lied the agreement wasn't any good anymore.

9:56

Thomas asks if he had hoped to make a deal to testify so he wouldn't be charged. Miller says the strategy was up to his attorney.

Thomas asks if he's trying to hide behind the attorney client privilege. Judge Edmunds tells Miller he must testify to his state of mind, he doesn't have to talk about what he and his attorney talked about.

Thomas says but you did all the talking. Miller says the conversation went back and forth. Did they tell you that you were in trouble? Miller says he was told he was being investigate.

Thomas asks if agents asked him if he used his office to grab money from the city of Detroit. Miller says they said they were investigating whether he improperly accepted cash.

Thomas, did they ask you questions about Kwame. Miller says yes they did. Says they asked a lot of questions that crossed over into the administration.

9:50

Thomas asks what date he was charged. Miller can't remember.

Thomas says, incredulously, you don't remember when you were charged?

Miller says was that a question. Thomas says do you want me to put a question mark at the end? Miller says that would help. Judge Edmunds admonishes Thomas and tells him it would help if he asked a question.

Thomas says I can lead can't I. Judge Edmunds says yes you can lead, I just said you have to ask a question.

Thomas asks if Miller had conversations with Dedan Milton asks if he and his attorney were keeping track of the case. Miller says what he and his attorney discussed is between he and his attorney.

Thomas asks if he was interviewed by the FBI before his indictment. Thomas list the interview dates.

Thomas asks if Miller sees a date Aug 19 or 20th. Says you had 5 reports generated as a result of Miller's meetings with agents. Asks if these meetings were trying to avid being charged. Miller says not necessarily.

Thomas says you didn't want to sit with them because they'd want to know what you'd know. Miller says his attorney told him to sit down with him and listen.

Thomas says these reports are pretty thick, was it your lawyer that was quoted or you. Miller says his lawyer had information but admits he was the one being quoted.

Thomas asks "baby creek" and "inland water" wasn't it you sitting down and telling the government what you knew. Yes.

Thomas asks if he entered into an agreement that allowed him to talk without it being used against him. Miller says yes.

Thomas asks if he remembers he had to tell the whole truth and even offer things even if they didn't ask. Miller says his understanding was that they couldn't use what he said against them.

Thomas asks if you might have been questioned so you could be a witness in this case. Miller says I suppose.

9:41

And the objection is sustained. Thomas says you new that there was a disclosure of the contributions before the article came out. Miller says yes I did.

Thomas asks 4 months before. Miller takes a look at the documents ad asks him to repeat the question. Thomas says do you see DCF-10, don't know what that is, probably the evidence number.

Now Thomas shows the tax return. Chutkow objects. Judge Edmunds sustains, says the question is vague.

Thomas says the 990 for was filed. yes.

Thomas says the form is supposed to have the donor listed and show DPR Management. Says it was no secret to the government, it's in the file. Miller says correct.

Thomas says it filed with the state. Miller says it was errantly filed. Thomas says but it was filed and there was no attempt to hide it. Miller agrees it was filed.

Thomas asks if he though Next Generation Detroit was affiliated with the Civic Fund. Judge Edmunds asks Thomas to rephrase. admonishes him for describing the governments question as "leading."

Thomas is now showing a check from Next Gen that was withdrawn by the government. Dramatically draws an "x" through it and says it was withdrawn so it's now irrelevant except for the fact the Miller says kwame asked him for this money.

Chutkow objects.

Thomas says do you see Generation PAC on this. No. Do you see a deposit. No.

Thomas says you thought it was related. Miller says yes but I found out later it wasn't.

Chutkow objects again. Judge says just let him look at it.
----------------

Thomas asks if Miller said it went to Next Gen, that it was affiliated with candidate Kwame M. Kilpatrick. Miller says yes.

At or about the time he was running for Mayor. I may have. Miller says yes to a pack.

Thomas asks if he tried to link this to Kwame in some way. Judge says Miller can testify to his intention. Miller says Next Generation Detroit is similar in name to another PAC and he thought they were the same thing.

Thomas says you testified under oath and you were mistaken. Miller says... Judge says "hey, one at a time."

Miller says Generations the PAC was not the same as Next Detroit.

Thomas asks if he testified that Kwame benefited from this money and that's not true. Miller says I don't know was it cashed?

9:36

And the objection is sustained. Thomas says you new that there was a disclosure of the contributions before the article came out. Miller says yes I did.

Thomas asks 4 months before. Miller takes a look at the documents ad asks him to repeat the question. Thomas says do you see DCF-10, don't know what that is, probably the evidence number.

Now Thomas shows the tax return. Chutkow objects. Judge Edmunds sustains, says the question is vague.

Thomas says the 990 for was filed. yes.

Thomas says the form is supposed to have the donor listed and show DPR Management. Says it was no secret to the government, it's in the file. Miller says correct.

Thomas says it filed with the state. Miller says it was errantly filed. Thomas says but it was filed and there was no attempt to hide it. Miller agrees it was filed.

Thomas asks if he though Next Generation Detroit was affiliated with the Civic Fund. Judge Edmunds asks Thomas to rephrase. admonishes him for describing the governments question as "leading."

Thomas is now showing a check from Next Gen that was withdrawn by the government. Dramatically draws an "x" through it and says it was withdrawn so it's now irrelevant except for the fact the Miller says kwame asked him for this money.

Chutkow objects.

Thomas says do you see Generation PAC on this. No. Do you see a deposit. No.

Thomas says you thought it was related. Miller says yes but I found out later it wasn't.

Chutkow objects again. Judge says just let him look at it.

9:30

Attorney Mike Rataj just walked in the room and had a brief chat with the court clerk, he's in rare form today.

"All rise" court is in session and Judge Edmunds asks if everyone is ready for the Jury. She says she's sorry we're starting late this morning, bad traffic problems, a number of them.

The Jury is seated, Judge Edmunds reminds Derrick Miller he's still under oath. Judge Edmunds now explains the law about 501c-4 organizations about the Kilpatrick Civic Fund and that donors, by law, do not have to be disclosed.

Jim Thomas is up first this morning, and he's moving a document into evidence.

He says sir I have before you a tax return for the Kilpatrick Civic Fund. ASks if he remembers forms like this being filed. Miller says yes.

Miller agrees he was Vic-chair of the fund in 2001.

Thomas is now show the Free PRess article that uncovered Jon Rutherford's donation to the fund.


Thomas asks if he remembers a disclosure before the article came out that the article was going to be less than complimentary. Asks about discussions about how to handle it. Says in your discussion were the actual contributions going to be released.

Thomas just asked about his testimony about conversations before the article was released. Miller says he didn't testify about those conversations. Thomas says I'm not referring to your testimony just asking you about the conversations. Chutkow objects. Thomas clarifies...

After he finally spits out a question Miller says they talked about how to handle what they'd say, says that was about the debate. SAys Thomas keeps referring to his direct testimony but is actually asking about a different conversation.

Thomas asks again. Miller says he was asked about conversations leading up to the debate.

Thomas is looking up his testimony. Chutkow objects.

Thomas explains to the Judge that Miller directly testified to conversations before the news article came out. Judge Edmunds says she doesn't think it's proper but she'll take a look.

9:05

Kwame and Bobby are having an animated discussion as they sit waiting for the jury. Both are smiling and laughing. Bobby just cracked up Pal, Kwame just leaned back and laughed big. Gerald Evelyn, Bobby's attorney is sitting right between them, seemingly oblivious to their chatter as he studies papers.

Bernard is sitting across from John Shea's number two Alex, chatting amiably while Shea and Susan Van Dusen have a brief conference.

Judge Nancy Edmunds is not yet on the bench.

9:01

Mr. Kwame Kilpatrick strolled through the Lafeyette entrance of the court house this morning, all smiles. He set off the metal detector on his way through. The Marshal with the hand wand waved him over, and after a thorough "wanding" the former Mayor lifted his pant leg, , laughed and said, "there it is," and pointed to his new electronic tether.

A couple of us Media types were standing at the media check in desk when he came in, and he called us out "you out here to see this" Still has that Kwame sense of humor, and he pulled off another entrance with style. Laughing, he headed off to the elevators and on up to the 8th floor for another day of testimony.

8:50

Good morning from a wet and soggy Downtown Detroit and the stately Theodore J. Levin Federal Court House.

I'm going to go hand out at the door this morning and watch Mr. Kwame Kilpatrick show off his new ankle bracelet when he comes through security. Department of Corrections agents went to his Mother's house last night to put him on a tether after he violated his parole by failing to disclose a $2,000 gift from a Chicago Preacher. You can get the complete story from M.L. Elrick on MyFoxDetroit.com.

I'm also told by our sister station in Chicago that the Preacher, Corey Brooks, is getting email death threats, which he is turning over to Chicago Police for investigation.


Ken Martinek is Senior Producer-Investigations for Fox 2 News. You can contact him at ken.martinek@foxtv.com

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