Kilpatrick on Trial: Day 22

Published On: Oct 26 2012 09:49:30 AM EDT
Updated On: Oct 26 2012 01:10:51 PM EDT
Kilpatrick Oct 26
DETROIT -

8:55AM TGIF. Looks like everyone is in the courtroom and the mood is pretty jovial. Always amazes me that after all the antics that go on during the proceedings how cordial government and prosecution are with each other on the breaks. 

EPA agent Carol Paskiewicz should be up first this morning so that Martin Crandall, one of Victor Mercado's lawyers, can finish his cross examination of her. Next on the stand should should be Tom Hardiman of A & H Contractors. 

Can tell the summer weather is done as all defendants are wearing wintery, dark suits. Kwame Kilpatrick is in an olive 3 piece suit with his black Clark Kent style glasses holding his book of inspirational verses. Bobby Ferguson is in brown and Bernard Kilpatrick is in a black suit. 

9:00AM Judge Nancy Edmunds convenes court. 

9:02AM Crandall starts his cross but we have no audio in the media room so no idea what he's saying. 

Missed Crandall's entire cross because of audio issues. Oh no, he's coming back with one more thing. 

Looks like he is introducing a new organizational chart. 

9:08AM Mike Rataj, Ferguson's lawyer, up to re-cross the EPA agent.

Says he has no questions for the witness but would like to introduce things into evidence.

One of the documents is DWSD analysis of payments to Ferguson Enterprises regarding WS 650. The other document is the same for 651.

And that's it for the EPA agent.

9:10AM Mark Chutkow for government calls Tom Hardiman Sr of A & H Contractors. Hardiman is the minority business owner referenced yesterday as having suffered from preferential treatment to Ferguson. 

Hardiman is President of construction firm A & H Contractors. In particular, infrastructure improvements, water mains and municipal, local work.

With the Small business Administration. No longer with Lakeshore Engineering, another construction firm. Does similar work as A & H. Also work for state, local and federal governments.

He was a fireman in the city of Detroit for 18 years- from 1974 to 1992. Degree from Wayne State while a firefighter. in 1994, worked for the Detroit Minority Business Development Center- 1994-1997. The Center helps minority firms with certifications and putting together business plans. His role with them was a consultant.

While there met Avinash Rachmale. He was starting his business in 1994 and the witness was one of the consultants that helped. Rachmale was the CEO of Lakeshore Engineering. At the time, Lakeshore was an environmental engineering firm. Rachmale a minority, born in India.

In 1994 to 1997, Rachmale would periodically go to Center to meet with witness. Witness became Rachmale's private consultant in 1997. In 1998, the witness started to work with Rachmale and in 1999 they worked together to push Lakeshore into a new direction. Hardiman's financial situation was a little challenging in his early years. Rachmale was a financially conservative guy and he sat the witness down and said "You're spending money faster than you're getting it in." Rachmale told him that he could get him debt free in 2 years. Hardiman became debt free because of the more disciplined approach he took as a result.

Witness would take bills monthly to Rachmale to make sure he wasn't spending more than was coming in. In December 2000, Rachmale added up all his bills and gave him a bonus and then gave him an additional check for $5,000. "A man who is not debt thinks better," was Rachmale's philosophy.

They worked to grow Lakeshore- had certification for disadvantaged businesses. It's a 9 year program so no longer qualified in 2006.

Lakeshore received an award from SBA for outstanding business. Hardiman attended the guest at the White House in DC. The US President was there thinks the witness.

As Lakeshore began to evolve, witness purchased A & H Contractors in 2003.

The Lakeshore Group has 600 to 700 employees now. The umbrella group has Lakeshore Healthcare, Sky Group Grand, Lakeshore Economic correlation is a non-profit arm.

Lakeshore Health owns nursing home, provides nursing care. It was purchased several years ago when it was in bankruptcy and 100 jobs were on the line. It was in the neighborhood Hardiman grew up in, the northend. 90 to 95 are residents of the city

Sky Group Grand is a real estate holding division on Woodward Ave, They have about 50 employees. about 90% are residents of Detroit.

Their non profit arm helps seniors and youth. Also helps individuals coming out of prison who qualify for the program. They can't work in the nursing home by law but they can work in construction.

9:30AM Witness knows the Kilpatrick. Met Carolyn Cheeks Kilpatrick in the mid 80s through a friend when he was a firefighter. Kwame's mother was a state rep at the time. Witness has supported her campaigns.

Witness also knows Kwame met him when he was in college. supported Kwame over the course of his career, financially to the campaigns. He held fund-raisers. Rachmale also participated in the fund-raising events.

When Kwame became mayor in 2002, Hardiman participated on a transition committee, the Clean Up Demolition Committee. Rachmale was on a different committee. Ferguson was chairman of the committee.

9:34AM In 2002, Lakeshore generated $12 to $14 million in sales. Didn't have some of these other entities. That year, 2002, witness submitted a bid proposal for a water contract. It was a contract to rehabilitate sewers and outfalls. The value of the contract was $10 million. 

Thomas objects. 

Also submitted another bid for a $5 million contract. 

One contract was awarded and one was pulled. They received a letter saying they were selected for $10 million contract. 

On the $10 million contract, 1361, had a meeting with Ferguson who came to his house. Bobby said he should be part of the contract for him being a black guy. Witness said they already had a team and Bobby said it still has to go through the mayor's desk. Witness says you look at RFP and select team that is going to to the best work on the job. Bid proposals are fairly elaborate process. 

By the time Ferguson visited witness, he already had a team, put the proposal together and had been told they were getting it. Ferguson had done no work. Indicated to the witness he wanted 25% but did not indicate what he would do. Witness said to him they already had team together. Bobby told witness that the contract still had to go across the mayor's desk.

Witness says that didn't mean anything to him as he knew the mayor. The Board of Water Commissioners had already acted on the contract.

After Ferguson left, discussed the proposal with Rachmale. Said this is a black contractor in Detroit and asked Rachmale if they could fit him in. Rachmale said they could fit in for 10 to 12%. Told Bobby that and Ferguson said "Ok. We'll see." Bobby was not on contract 1361. This conversation took place in 2003.

9:45AM The normal process of what usually what happened with the water contract didn't happen so witness began to make inquiries. "It just sat on Victor Mercado's desk." Witness called Darryl Latimer, the assistant director of DWSD, who told him it was sitting on Mercado's desk. Witness called Mercado but got no response.

Hardiman tried to call the mayor but got no response. That surprised him because he was a supporter of the mayor and was on his transition team and didn't see why he shouldn't be able to talk to him.

Witness went to other individuals to see what was going on with 161. Contacted Kwame's mother, Carolyn Cheeks Kilpatrick.

Thomas objects for hearsay. Judge overrules.

Kwame's mother, to the witness's recollection, said "My son said I love you. I handle city business and you handle the government business. Let me handle city business."

Thomas calls for sidebar.

9:50AM Audio and video down during crucial testimony. This blows. 

9:58AM Video back on but can't hear anything. Just saw Kwame leave the courtroom so it looks like we are on a break. Think they actually stopped for the technical issues which is cool because this is some of the most interesting testimony of the week.

10:00AM Thomas is saying that he still believes what Carolyn Cheeks Kilpatrick said is hearsay because it does not go towards climate of fear.

So it seems like the technical issues were throughout the entire courtroom. All good for now.

Judge says as she sees it what Hardiman is saying about conversation with Ferguson is being offered as the truth. On the other hand, what Carolyn cheeks Kilpatrick is not being offered as the truth.

Thomas has been arguing that the jury will not be able to make the distinction that the Cheeks Kilpatrick statement is not being offered as truth.

10:08AM And we're back. Witness talked to DeDan and Kandia Milton's mother Sandra Tene Ramsey. Dedan and Kandia Milton are friends of the mayor say witness and worked in the mayoral administration, so did their mother. Witness says he was upset when both his contracts were cancelled. Witness says he can't remember exactly what he said in conversations only that he called DeDan, his mother; Carolyn cheeks Kilpatrick and anything that he knew. Contract was sitting on the desk.

$15 million contracts, $750,000 in net revenue that is why witness was upset. DeDan's mother said her son could not respond because it was city business. Not sure he talked to DeDan, spoke to a lot of people at that time about the contract.

Looking at check from Lakeshore Engineering Services to Maestro Associates for $2500 on February 18th 2003. Memo line reads consulting fee. Maestro was run by Bernard Kilpatrick.

At some point, witness talked to Bernard about status of the 2 contracts. After going through various levels to find out why the $5 million and $10 million contracts were moving. Rachmale and witness met with Bernard to find out what was going on. Bernard said he would look into it. He would always call witness back but didn't tell him about status of contracts.

Looking at DWSD Board of Water Commissioners agenda for meeting on April 23rd 2003. Meeting #4. Reads that per recommendation of Awni Qaqish that contract 1387 should go to Lakeshore engineering. Across the top of that paragraph it reads "PULLED". Witness went to the meeting and saw it read "PULLED" across it. took it to mean that it would not be addressed at meeting. This agenda occurred after meeting with Bobby Ferguson where he asked for a cut.

Looking at another document from Victor Mercado to Avinash Rachmale. May 16th 2003. Proposal on CS 1387- 3 weeks after agenda at Water Commissioners Board. First line, DWSD regrets to inform that the project is cancelled. Signed by Victor Mercado. witness says he was shocked and angry because these were significant projects. "No logical reason for it to happen."

Spoke to a Mr. Mehta who had been with Lakeshore, an ex-partner. Mehta recommended that he should go to Bobby Ferguson. "All other avenues had failed so I had nothing to lose by going to Bobby."

Met Ferguson twice on issue- once at Courtyard by Marriott and the other time Southern Fires restaurants. First meeting was with Rachmale, the other witness went alone.

Rachmale and witness wanted to find out why they lost contracts. Bobby said "I don't know why I'm here." Bobby did not suggest what they should do or express concern at their situation. Witness met with Bobby at a second meeting, again same thing, and no answer from Ferguson.

After those 2 meetings with Ferguson, witness met with Derrick Miller, former Kilpatrick aide. Witness's intent was to meet with the former mayor. Hardiman explained his circumstances to miller who said it was Victor Mercado's decision.

Letter from Victor Mercado to Avisnash Rachmale at Lakeshore Engineering on July 28th 2003. Regarding cancellation of contract 1361- the $10 million contract.

"The Detroit Water and Sewerage regrets to announce that contract 1361. The contract task will be performed by existing contract." Signed by Mercado. Contract went to competitor Inland Waters. Witness says he was stunned, disappointed, angry and concerned. "$10 million contract was going to become someone else's."

Later on, witness found out that Ferguson was on Inland Waters team on this contract.

Chutkow asks why are you angry. Witness simply says "$10 million. $5 million."

10:29AM Partner Rachmale was devastated. Asked witness what did they do wrong.

Witness believes at some point that he may have met with the mayor. If he did meet with mayor, most he would  have gotten from conversation was "I'm sorry."

Lakeshore began to look at projects on federal end and other city projects.

In 2004, outfalls contracts. Looking at a photograph of outfalls that lead into the Detroit River. The outfalls are connected to the drainage system which is operated by DWSD. This condition was supposed to be fixed by WS 849. Witness on the business development side of the company.

Sounds like Avinash Rachmale is the next witness due to testify.

Teamed with Lanzo Lining, Ferguson Enterprises to submit bid for 849. Team leader on proposal was Lakeshore Engineering which would versee contractors doing work. Lanzo would put lining to cover holes. Ferguson would be assisting on the construction side which he specialized in: excavation, repair.

Hardiman met with Ferguson and Lanzo Lining, Angelo D'Alessandro of LL. Initially, witness had talked to Ferguson who was doing a lot of work in Detroit and he seemed to have a clear understanding of how to get things done. Ferguson seemed to be one of individuals he needed to talk to.

Witness says that after losing $5 million and $10 million contracts and noticing that Bobby didn't lose contracts, Hardiman figured Ferguson was good to have on the team.

Chutkow asks about D'Alessandro's reaction to Ferguson. Defense objects and judge sustains.

Ferguson was on a lot of teams at that point. Hardiman says they got points for Ferguson being a Detroit-based business. Had several meetings with Ferguson and D'Alessandro.

Looking at text message from Hardiman or Ferguson. January 26th 2004

Text reads: "Bobby don't forget to call Victor Mercado."

Witness says he wrote that because Ferguson had a relationship with mayor, Victor, Derrick Miller and Hardiman wanted everyone that Ferguson was on his team. Ferguson had strong relationships that Hardiman didn't have so he thought it would help.

Jim Stapleton, a consultant for D'Alessandro, was at a meeting with witness D'Alessandro and witness. One of the first meetings was about getting Bobby on the team, Angelo D'Alessandro wasn't so excited about it but witness said he didn't care. Ferguson appeared to have stronger relationships than they did. D'Alessandro had been on the team of cancelled $10 million contract.

Fergsuon was going to get a third percentage of profits with a third for Lanzo and a third for Lakeshore. They went ahead and submitted proposal to water department.

December 22nd 2004 proposal submittal from the Lakeshore team to Darryl Latimer at DWSD contracts. 80% of the combined personnel of the team was from Detroit. Lakeshore Engineering would provide performance and insurance bonds. Signed by Tom Hardiman.

As construction manager, Lakeshore was the quarterback. Lanzo provided information to help put the proposal together. Witness says he is not sure what Ferguson did- Rachmale would be better equipped to answer that question.

10:48AM Looking at a letter of intent of DWSD contract to be awarded to Lakeshore on March 24th 2005. Letter is from Victor Mercado addressed to Hardiman. Letter advises Lakeshore that they get contract DWS 849. The letter authorizes them to begin work immediately.

At this point, there was no formal contract with Ferguson and Lanzo.

There was a meeting with Jim Stapleton, D'Alessandro and Ferguson. D'Alessandro and Ferguson overlapped in some of their skills. Turned out to be a source of conflict. they were breaking down line items. D'Alessandro said that if Ferguson took those line items he wouldn't have any work to do. There was a conflict between Ferguson and D'Alessandro on work to be done. Witness said that it didn't matter who did the work but if it came down to him and he had to make a choice then he would have to pick it.

Outfalls contract was for $20 million. Witness says that he told them \he would choose Ferguson because when Ferguson hadn't been on the team, didn't get the contracts, when he was on the team, they got a $20 million contract.

Ferguson told Hardiman that he wanted the line items. D'Alessandro approached Ferguson with a figure of $400,000 to $500,000 that he would give Bobby for the job. Ferguson said no he could make more money. Ferguson was then offered $1 million for no work so that Lanzo could actually have some work.

Looking at subcontract agreement between Lakeshore Engineering for contract 849. With Contractor DCG.

In September 2005, there were contracts that Hardiman spoke to Ferguson about. One was a change order to 849, the outfalls contract, for an additional $6 to $8 million to do work. There was also an asbestos contract, hazardous material to be removed before work is done, a specialty of Lakeshore Engineering. The contract was for $1.5 million.

11:02AM Witness approached Ferguson about the 2 change orders. Knew Ferguson had the relationships and wanted to make sure they weren't blind-sided like with the $5 million and $10 million contracts. Witness told him they didn't want any problems. Ferguson says "OK."

Ferguson wanted 5% on the contract change orders in order to leverage his relationships with the powers-that-be on the contract. For change orders on outfalls contract, it would have been an additional $375,000 paid to Ferguson and on the asbestos contract Ferguson would get $75,000. So $450,000 total. Witness says as a contractor you never want to pay anyone if you can avoid it but he felt it was important to remain in a good relationship with Ferguson.

Hardiman says Ferguson called him one day and said he needed $25,000 "Today." The witness thought Ferguson meant cash and he panicked so he took $25,000. Said he did not want to upset Ferguson because he had relationships with key individuals in the city. Witness went to meet Ferguson at his offices with $25,000 in cash. Hardiman said he was nervous as he had never had that much in cash on his person.

Hardiman says when a subcontractor asks for payment on a balance there is usually a billing process but "Again, I did not want to upset Bobby Ferguson."

Looking at invoice to Johnson Consultant Services spelled as "Consultant". There is a correction on the top. Lists Bobby's office address on Wyoming. customer listed as Lakeshore Engineering, Lists work as Labor (inspection, management services), air equipment and materials. Marilyn Johnson is Bobby Ferguson's wife. Witness says he did not have contract with Johnson Consultants. Hardiman doesn't remember anything about involve except total of $450, 000, which looks a lot like the 5% fee to be paid to Ferguson to make sure that the change orders went through. Less payment received, $25,000, the cash that the witness took to Ferguson Enterprises. Balance is $425,000. Witness says he doesn't know anything about the services provided described on the invoice.

Hardiman says he can't remember if he paid the $425,000 balance. Ferguson got over $1 million for the outfalls project which he did no work for. Also did no work on the change orders for outfalls project. Ferguson did no work at all on the asbestos contract.

Lakeshore engineering didn't cut checks to Ferguson- it was Sky Group, Lakeshore's real estate holding company. The reason for that was because they didn't have contract with Johnson Consultants. They didn't want their own back office talking about payoffs to Bobby Ferguson. "Didn't want our employees out in the streets saying we were paying Bobby Ferguson." Hardiman didn't want word to get back to Ferguson and have him be upset with that. Hardiman didn't want to take a chance that their employees would talk about paying John Consultants so moved it to Sky Group.

Witness says "I didn't want Bobby to come back cussing."

11:18AM Looking at email for invoices from Johnson Consultants.

11:23AM Judge says this would be a good place to break.

11:46AM Session starts back. Chutkow asking about the $1 million plus payments to Ferguson. witness says it was paid out over time. Hardiman can't remember exact sequence of payments. Ferguson would either says he would bring an invoice by or call.

Lakeshore would submit invoice to the city, it would go through various departments and then they would get paid. Ferguson would come to Hardiman around the time they would get paid by the city. Ferguson would come to the witness without the witness having to tell him he had been paid by the city.

Sky Group, the property management company, made most of the $1 million plus payment to Ferguson. Witness says over time Ferguson and he have numerous conversations and Bobby would know when the witness had been paid without him telling him.

Hardiman had contracts 2014 and 865. On 2014, witness had discussion with Ferguson about change order that was coming.

Witness got hit with tax penalty on ownership of Sky Grand for payments to Ferguson. Talked to Ferguson about his interest in Sky Grand. Ferguson would frequently tell him he wanted to be a part of things and one of those things was Sky Group Grand. Police Department is in the main building for Sky Group on Woodward and East Grand Boulevard. The PD have a lease.

When Ferguson said he had an interest in Sky Grand ownership, witness said "You're insane." Witness thought he was joking.

At the time that Sky Group Grand entered lease with Police Department, Christine Beatty oversaw the department. It was the 13th or 14th precinct moved to their building and various departments that were consolidated and moved to the Sky Grand building.

Witness looking at Lakeshore construction management bid proposal to DWSD for water system improvements. In it with Willie McCormick, D'Agostini, A & H, E & T Trucking (Eric Simons is the head of that), Sigma Associates, Spalding. Submitted on March 23rd 2006. Ferguson was not in the bid. He was exclusively on someone else's bid Ferguson was with Nafa Khalaf. E & T Trucking was set to get 15% of the contract.

12:03PM Talking about E & T's professional experience.

Sometime after proposal was submitted, witness called about certification for A & H. Darryl Latimer was the one who called him.

Witness looking at his business certification for a Detroit-headquartered small business. (DHSB). Certification to expire May 22nd 2008. Signed by Gerard Grant Phillips, director of Human Rights department for city of Detroit.

After call from Latimer on certification, witness talked to Ferguson. Witness's son, Johnny Hardiman, handles certifications for the company. Because of Ferguson's relationships, he asked him to look into it. Ferguson said the certification was ok.

Lakeshore and partners won the contract 2014. There were various companies on the contract. Talked to Ferguson about having Xcel Construction consult on the project. Ferguson went to witness's office and said that Xcel needs to be on this project. Witness asked why and Ferguson said "because they need to help you out." Ferguson wanted witness to pay Xcel initially $400,000. Witness's response was that was insanity. Witness conveyed response to Rachmale who said "work it out Tom." did he say why you had to work it out?

"$10 million. $5 million," simply says witness.

Ultimately, Hardiman accepted to pay Xcel Construction a fee "because it was Bobby Ferguson." Witness didn't have concerns about being paid by the city but about change orders." Witness says it all goes back to the first 2 contracts that wer cancelled. All subsequent contracts were not cancelled. some profit on a contract is better than a cancelled contract.

Check request generated internally by A & H Contractors to Xcel Construction Services for $200,000. Dated January 25th 2008. signed by Hardiman. to be picked up by Ferguson. Lists it as a management fee for consulting services on 2014.

12:15PM Now looking at payments made to Xcel Construction from A & H Contractors. Witness says Calvin Hall of Xcel would go to the Lakeshore offices. Hall would sit in and listen to meetings about what was going on on project 2014.

What was Hall's participation at the meetings asks Chutkow.

"Sitting there," says the witness.

Witness says Hall did not provide him any consulting services that he can remember. Says that Hall was a mild mannered guy. Hardiman would tell Hall "You're a parasite" for requesting payment for services Hardiman didn't feel he deserved. Still, Hardiman paid Hall.

Looking at checks now.

Check from A & H Contractors to Xcel Communication Services for $55,555.55 on August 8th 2007.

Another check for $22,222.22 to Xcel on August 2nd 2007.

Check from A & H to Xcel for $100,000 on August 16th 2007.

Another check from A & H to Xcel for $50,000 on October 26th, 2007.

Another check for $22,222 on January 18 2008

Another check for $200,000 on January 25 2008.

Another check for $150,000 on March 3rd 2008.

Looking at an excel spreadsheet about payments to Xcel construction. January 1st 2007 through November 10th 2011. Total $572,221.22 paid to Xcel excludes $50,000 payment in october 2007 so total more like $620,000.

Witness said he paid Xcel "because it was brought by Bobby Ferguson and we were not going to do anything to upset bobby."

Witness says he was shocked they had paid this much money. Witness told Ferguson that he would call a parasite. Ferguson would call Hardiman names and Hardiman would reciprocate. "At the end of the day, they were still consultants," says Hardiman.

Change order on the 2014 contract. Development on Fox Creek needed new water main lines. Lakeshore had eastside contract so they added it to Lakeshore contract. A & H had those 7 streets so they were going to do it. When Ferguson heard of the change order he said those were his streets. Hardiman told him he was crazy.

In 2007, Ferguson and Hardiman had pretty open conversations but Rachmale was much more cautious because of the 2 cancelled contracts. At the end of the day, Ferguson ended up with 4 streets and Hardiman got 3.

Hardiman didn't want to do it but Rachmale told him to go back to it.

"$10 million. $5 million," intones the witness.

Willie McCormick was on Lakeshore subcontract and witness says they could have done job on Fox Creek. Ferguson would threaten to get his contract stopped. Ferguson would call Rachmale who would come back to Hardiman and say "Tom, I'm not willing to piss Bobby off."

Ferguson repeatedly call Hardiman crazy and tell him he would get contracts stopped. Ferguson would never tell witness how he would stop the contracts.

12:34PM Looking at a series of checks from A & H to Ferguson Enterprises. Also relate to 2014 contract. For Fox Creek

1. check from A&H to Ferguson Enterprises on August 17th 2007 for $1,222,916.72. signed by Hardiman

2. check from A & H to FEI  on November 2 2007 for $50,837.79. signed by witness.

3. check from A & H to FEI on December 13 2007 for $21,820.50.

4. check on February 1 2008 for $58,000.

5. check on December 5 2008 for $65,401.66

6. Check on January 14 2009 for $18,328.06.

Tally on the checks to FEI on Fox Creek 4 streets from January 1st 2007 to November 2011. Total amount paid is $1,437,304.73.

Witness doesn't know how much paid Ferguson Enterprises or Xcel on 2014.

Witness doesn't know if Ferguson put up performance bond or insurance on this job.

12:43PM Chutkow talks about contract DWS 865. Looking at bid proposal for 865. For eastside city of Detroit sewer repairs contract for inspection and in place rehabilitation of sewers and water mains.

Team members on proposal include Lakeshore is the prime, D'Alessandro Contracting, Lanzo Lining, Superior Engineering, A & H, Cole Financial.

A & H is a DBE, DHQ (Detroit-Headquartered business) and MBE (Minority business).

Cole financial is a woman-based company since 1983.

They asked Ferguson to be on the team. He was on Inland's team. He was exclusive with Inland. He didn't want to be on the team. On the proposal to DWSD, Ferguson was not listed. Once it was won, Ferguson wanted to participate. Ferguson had some participation even if he was not on the proposal.

After contract was won, Lakeshore entered into sub-contracts with D'Alessandro Contracting. Hardiman can't remember if Ferguson was doing work in the beginning. but at one point, he requested to do the dig ups. It was a verbal agreement that they had that he could do a certain percentage of the dig ups. This was when the contract was up and running.

Hardiman talked to Ferguson about D'Alessandro doing the work. Hardiman was out of town and got a call from D'Alessandro saying that Bobby was on site and told D'Alessandro to leave. Hardiman told Ferguson to let D'Alessandro finish. Ferguson said absolutely not. D'Alessandro had to stop and Ferguson took over.

Looking at email from one of Lakeshore VP's of the time. From Daryl Rocheleau (not sure of spelling) with D'Alessandro Contracting. Says they a contract to complete all point repair work and will proceed unless otherwise told by Hardiman. July 11 2007. 

The response from Lakeshore to D'Alessandro group is to complete current work and not continue any more repair work. 

"I will shut these effin jobs down" witness says Ferguson told him if he didn't get D'Alessandro off the job site. "These jobs" is work for contract 865. 

That's it for the week. Judge dismisses jurors. US Attorney Mark Chutkow asks for sidebar for evidenciary ruling. 

US Attorney Michael Bullotta gets up with an issue about defense objections to Hardiman's testimony. Judge says she only sustained objections twice on what Rachmale was saying. 

Court reconvenes Monday 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.

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