Live blog: Day 56 of Kwame Kilpatrick trial

Published On: Jan 30 2013 04:12:16 PM EST
Updated On: Jan 17 2013 05:26:58 PM EST

The prosecution told the jury Thursday it was Bernard Kilpatrick who accepted cash and gifts in exchange for massive city contracts.

DETROIT -

Local 4 is inside the courtroom for the federal corruption trial of former Detroit Mayor Kwame Kilpatrick, Kilpatrick's dad Bernard Kilpatrick and his childhood friend Bobby Ferguson. Each day we bring you information from inside federal court as it happens.

9:00AM Video monitor turns on. Kwame Kilpatrick is talking heatedly with his father Bernard at the defendants’ table.

Pretty interesting day yesterday between talk of bugs biting and jumping between jurors, government allegations of altered defense documents and one witness describing being called a "punk" by Bobby Ferguson. Given the possible bug infestation in the courtroom, I'm happy to be keeping my distance in the sanctity of the 2nd floor media room.

I'll be watching closely for any itching action in the courtroom. Interestingly, only the defendants are sitting at the table right now. Counsel likely meeting in Judge Nancy Edmunds's chambers. Whatever is going on, we are definitely late this morning.

We will be continuing with the cross-examination of contractor Odell Jones by Ferguson's lawyer Gerald Evelyn. 

9:15AM Mike Rataj just walked back into the courtroom.

Talking about his cracking hands and his use of hand lotion with the court marshal. And still waiting. Wondering what is going on. 

9:20AM Here come the rest of the lawyers.

9:25AM Judge Edmunds finally enters the courtroom. Edmunds says they are missing a juror chair.

"They moved things around when they were spraying," says Edmunds.

Sounds like they fumigated last night. Yuck.

Evelyn continues with Odell Jones cross-examination.

Evelyn asking how many contracts after Book Cadillac Jones competitively bid and lost.

Jones says he can't recall the specific incidents because that would have been in 2006 and 2007 and he wasn't personally involved in business estimates with his company Jomar. Jones says he bid contracts at the zoo.

Evelyn asks for specific contracts. Jones can't come up with specifics. "No way I can tell you that," says the witness.

Evelyn asking if Jones asked about specific contracts when he talked to the former mayor at Manoogian. Evelyn asking if that was when there were boat races. It could have been. Evelyn asking if Jones talked with mayor's mother.

Jones says he did about his relationship- supposing he is talking about his relationship with Kwame. Talking about 2004 ballot initiative that would have given Kwame control over the public schools. Jones remembers the initiative but not the result.

Evelyn says it was voted down 2 to 1. Evelyn asks if Jones lived in Detroit at that point. Jones says he did.

"A good number of things are significant to me that I can't remember in 2004," says Jones about his lack of memory about things that were going on in the city at that time. Discussing contract amendment, change order that the witness discussed with Ferguson. Jones says that in his testimony with grand jury he met with Ferguson and then after the meeting received a letter from him. "Fundamentally the testimony is accurate," says Jones.

Evelyn says that the letter from Ferguson wasn't about him complaining about payment. Jones says that he called Ferguson and said that the matter was resolved and there was no need for the letter. Jones says he can't remember the specifics of the letter but it pertained to the dispute over payment.

Jones says that in grand jury he testified to that. Evelyn asks if it was about timing of the payment. Jones says he can't remember if it was. African American Association of Business Contractors now discussed. Evelyn says Ferguson was supposedly point person for the organization. Interview with federal agents on January 9th of this year where he discussed Ferguson being appointed Kwame's point person on the organization.

Jones says he worked with his brother at one point. Jones says he was at Ferguson's offices to play basketball. Evelyn says that Ferguson would sometimes have pickup basketball games for contractors. Jones says that he went more than once for sporting events and even sprained his ankle there once. Jones says that he is not sure if his brother ever went out socially with Ferguson but he went out people in Kwame's administration.

Jones says he spoke to Ferguson before he spoke with Mr. Turner of Turner Construction who partnered on a school project. Jones apparently told Ferguson that he should "tow the line or get fired" and that he would squash him like a bug. Evelyn asks if the witness agrees he said this to Ferguson. Jones says him and anyone else who didn't perform.

9:40AM Eric Doeh redirects for the government. Discussing Requests for Proposals (RFP). Jones says he spoke to Derrick Miller, Christine Beatty, Sean Werdlow and others about not getting work. 9:41AM Evelyn re-crosses.

Jones saying that the Detroit Economic Growth Corp stole his employee. Evelyn asks if Jones contacted Mr. Miles about getting work who was with DEGC.  Jones says he socialized with Miles but never discussed work.

9:43AM US Attorney Michael Bullotta.

New witness is James Rosendall.

9:44AM US Attorney Michael Bullotta to question.

James Rosendall Jr. on the stand.

Currently does solid waste disposal, garbage and trash collection and compost. Works with his brother at Waste Control of Grand Rapids now. Was with Synagro in 1999.

Synagro was a residual management company primarily handling municipal waste. Byproduct made from sludges.

Synagro would further process waste for land application, fertilizer and incineration where they would burn the material.

Pelletization where they would make fertilizer pellets.

Rosendall says they started Natural Resource Recovery in 1989. Did the same things as Syngaro. Sold the company and took all stock. In June 2008, Synagro was VP of business development for Synagro and worked on larger projects. Confirms that it was primarily sales.

Did business in Gary, Indiana and Grand Rapids. In 2001, Rosendall met with Kwame when he was a state rep. They met at his office and went to the "old green house" behind the state Capitol building.

They walked there. Rosendall says he met with him because he was running for mayor and Synagro was interested in a contract with the city of Detroit so he was relaying that to Kwame. Witness says he felt Kwame stood good chance.

Minergy contract would take sewage and turn it into a glass aggregate to be used in roadbed surfaces. Minergy was a company similar to Synagro. But would take sludge for building purposes.

Minergy couldn't fulfill the contract because of the costs- it was not economically viable.

The contract was executed but not is process. Rosendall says they were trying to buy the contract from Minergy but need some technology changes to it. Also needed longer term on contract for financing purposes. Witness says he talked to Kwame about the existence of that contract and changes that they needed should he become mayor.

Rosendall says Jim Sype who worked for Kwame was at the meeting as well.

Rosendall says he thinks he provided 3 packs, one was from himself and 2 were from others that he had contacted to support Kwame. Rosendall believes they totaled $3,400 each. Rosendall says Kwame was receptive and basically if he got to be mayor they would talk. In 2002, Kwame was mayor, and there was a meeting at the Grand Plaza Hotel in Grand Rapids. Kwame, Miller and Syper were there. It was in a hotel room. Rosendall says he coordinated that. The purpose was to discuss Minergy. Witness says it was small conversation with mayor and that Kwame handed him off to Miller. Rosendall later met with Miller a few times.

In September 12-14th 2003, Rosendall went to Las Vegas. Says there was a boxing match. La Hoya versus Moseley. Sype, Ruth Carter, Miller, Kwame and EPU Mike Martin on the trip. Synagro flew then on its private jet. Mike Tardiff was a political liaison for Kilpatrick. Tardiff was at the airport on that day but did not go on the trip to Vegas. When the mayor arrived, he decided the jet wasn't big enough and asked Tardiff to stay back. More juror questions.

Jurors definitely more interested these days. Kwame alternating between glaring and sighing and shaking his head. Sounds like we are going to be listening to voice mails and a tape of a meeting. We are at 56 exhibits including a recording of a face to face meeting. And then more video. This is bound to be interesting. Bobby leaning in and whispering to Evelyn.

Looking at a check to pay for the charter jet. From Synagro, a corporate check to Rapid Air, the jet company. Jet based operator for $19,993.55. Expensive flight. September 30th 2003.

10:05AM Looking at mayor's calendar for September 12th 2003 "depart from Willow Run airport at 6:30PM" Entry for 7AM says Las Vegas for the 13th.

The next day, arrive Detroit 8PM and leave Vergas at 2PM.

Looking at a receipt for Las Vegas Transportation Inc for September 13th 2003. 10 hours at $40/hour. Total is $475. They used limos in Vegas. Traveled in Vegas style.

Rosendall says he attended La Hoya fight and so did Kwame.

Moving on to winter of 2003-2004.

Social event at Manoogian. Rosendall went with Tardiff.

Witness says he believes it was a fund-raiser to show support for mayor.

Witness says Tardiff introduced him to the mayor. Kwame said there was someone he wanted him to meet. took Rosendall to the basement of the Mansion and introduced him to Bernard. Kwame wanted to make him point person on Minergy contract.

"This is the guy I want you to work with on the Minergy contract," Rosendall says Kwame said to him.

Rosendall says he calls Bernard "BK".

Rosendall says he understood that Bernard was to be pointperson on the Minergy contract.

Witness says he had heard the rumor. Defense objects to hearsay. Judge says can't say rumor. Bullotta says it's not for the truth but state of mind. Bullotta asks for sidebar. Lawyers head over to the bench. Defendants' talk very animatedly. Sidebar disbands. Rosendall says he heard things in Grand Rapids from different individuals. Says he heard these things within a 6 month period of meeting in Manoogian.  John Shea, Bernard's lawyer objects. Judge notes his objections and tells jurors this is not for truth of it.

"There was a pay to play thing going on in the city of Detroit," says Rosendall. Witness says to do business in Detroit you had to work with certain people and pay them. Rosendall says he heard there was going to be a person that he would have to work with. Rosendall believed he would have to pay Bernard to get the contract and have it changed. Witness had a consultant at that time, Muchmore Harrington and Smalley. They were located in Lansing but had contacts in Detroit.

Rosendall says he had small talk with Bernard at Manoogian. Bernard said he had someone who could help him. Judge asks Rosendall to back off from the microphone so that he stops popping.

Witness says Bernard told him he had to hire someone else additionally because Bernard was too close to the mayor. Seems a juror may have exited to take a bathroom break.

10:20AM Everyone has just risen in the courtroom.

Something has happened possibly with the juror who left the room. Rosendall is taken off the stand.

It sounds like they are evaluating if the juror can return.

We had been saying for a while now how amazing it is that not a single juror has gotten sick enough to stop courtroom action over all these months.

Guess we are taking our 20 minute break now.

10:48AM Two jurors are apparently not feeling well. Including a male juror from the third row who is apparently dizzy and eating potato chips and another who keeps running to the bathroom. But the jurors are filtering in and it looks like we are continuing so everyone must have come back in.

Judge tells jurors to let her know if they are going to be sick.

Bullotta continues with direct.

Rosendall says that the other consultant Bernard suggested was Rayford Jackson. Witness didn't know him. Jackson did several things, bought and sold homes and other deals. Witness says they needed to modify and take over the Minergy contract. Rosendall says that the deal was contingent on getting their needed changes approved by the city. In November 2007, the contract is approved in the city.

Rosendall says on different occasions Bernard asked him for money. Looking at a personal check form the account of Rosendall and his wife Carol dated February 13 2006 to Bernard Kilpatrick.

It is slashed Maestro but not witness handwriting. It is for $5,000. Memo lines for consulting. "He was leaning on me for a loan," says Rosendall of "BK".

Rosendall says Bernard was not really providing consulting work but he was still leaning on him to get paid.

Rosendall says he paid him so that the contract wouldn't get interrupted. Rosendall says he didn't want to get into a big explanation of what he was paying $5,000 for from their joint account. Another check for $5,000 from Rosendall's personal account dated August 18th 2006. Written to Bernard Kilpatrick. Memo line reads "loan".

Rosendall says once again Bernard was pressuring him for money.

Rosendall says he was hoping it was a loan but he was never paid back. Witness says again he paid so he wouldn't get tripped up on the contract.

The contract was for $1.1 billion in revenues over 25 year period says the witness. Rosendall says that in addition to the 2 checks, he provided Bernard with cash. Between 2004 and 2007, there were a couple of occasions.

Once for $300 that is shown on surveillance video that FBI gave him.

Rosendall says he later became cooperator with FBI. Rosendall says he would take Bernard out to lunches.

Rosendall paid. Discussing donations. Looking at Rosendall check for $7,500 to the Kilpatrick Civic Fund on October 31st 2004. Witness says he felt pressured by Tardiff and Bernard to pay. A week later, on November 7th 2005 out of Rosendall's personal account for $10,000 to Generations PAC. PAC affiliated to Kilpatrick.

Rosendall says Tardiff and Bernard were pushing for a $20,000. Rosendall made a $7,500 hoping it would go away. But it didn't so he wrote another check for $10,000 to the PAC. About 2 months later, there was a check to the Kilpatrick Inaugural Committee.

Dated January 3rd 2006 and is a personal check for $5,000 from Rosendall's account. Rosendall says he made this payment to help pay for Inaugural party. Doesn't recall who asked for the money. Another Rosendall personal check dated May 19th 2007 for the Kilpatrick for Mayor campaign. It was for $3,400- the legal limit to campaign contributions.

Rosendall says the contract was close to being wrapped up and they didn't need to rock the boat. In November 2007, the Synagro contract went to vote with the DWSD. Needed water board approval, City council as well as Kwame's approval. City Council voted to approve the contract on November 20th.

Rosendall paid Rayford Jackson for expenses including bribe payments. Defense calls for sidebar. Ferguson looking a little peaked and tired for the first time in the trial.  

11:10AM Leading up to City Council, Synagro made payments to Rayford Jackson.

Jackson said he made commitments to people and would have to be reimbursed for making payments to City council members.

Rosendall mentions Councilwoman Monica Conyers as having received payment from Jackson.

Rosendall says he did know before the City council vote that Monica Conyers was going to be paid.

Bribe payments made in September/October 2007. Rosendall acknowledges that bribery activity was part of Rosendall's guilty plea.

November 27th 2007 is the day that Kwame apparently signed the approval for the contract.

Listening to a phone call from November 27th 2007.

Handing out the transcripts from the jurors. "It's done," says Jackson. "I have the resolution," says Jackson."

Apparently the clerk will get the resolution and then take it.

"So mayor has signed off then? asks Rosendall. "Yes, he already signed off. Take care of BK." says Jackson. "Isn't that something?" says Jackson.

The call between Rosendall and Jackson was intercepted by FBI. Rosendall did not know FBI was listening at that point. Rosendall says given that the agreement went through, he was to take care of BK financially.

"He" signed off is Kwame. Rosendall says the contract consisted of handling the residual sludge and a portion would go into land application process. the other portion of the contract was for Synagro to build a new incineration facility and process the balance of the waste at that facility.

Rosendall says it was a very good contract for the city. Again, about $1.1 billion over 25 years. At the time the contract was signed in November 2007, Rosendall understood that Jackson and Bernard would get success fees.

Both were to 45% and Akunna Olumba was to get 10%.

Olumba was a former girlfriend of Bernard's.

Talking about December 4th 2007.

The Original House of Pancakes in Royal Oak met with Bernard. Still didn't know he was being wiretapped by FBI. Restaurant was crowded and people were waiting to be seated. But Rosendall didn't have to wait; he went straight to an open table. Later learned that the FBI reserved a table for him so he could listen to him.

Bernard, Olumba and Rosendall were at the breakfast meeting. Rosendall says they talked about agreement with Bernard, Jackson and Olumba and how the payments to them would breakdown. About to play a segment of the meeting.

Passing out transcripts to juror of the hour long meeting. Sounds like a very noisy environment. Having a hard time making things out but I do hear Bernard. "Looks like there will be 2 separate agreements," says Rosendall. Bernard laughs.

Rosendall says the agreements are what he was talking about.

"So I mean I can't tell them you're involved," Rosendall had said in recording.

Rosendall says he couldn't tell Synagro because they were uncomfortable paying someone so close to the mayor. More recording. Really hard to make this out with all the restaurant background noise. "If all we do is keep our noses clean," apparently says Rosendall. "45, 45, 10," says someone.

They are discussing the breakdown of payments.

"Forgot what you were going to do, 40, 40, 20?” asked Bernard. Rosendall then says 45, 45, and 10. Rosendall says he was going to break it down like that. He was going to break it down 45% for Jackson and 55% for Olumba so that Bernard's name would not appear on the contract.

So, basically Olumba would take her 10% and pass the rest on to Bernard without him being named. He paid them between $7 and $9 million at different periods.

11:30AM More recording played.

Olumba now speaking as well.

Rosendall saying something about monthly and progress payments and a lump sum when the construction piece and another lump sum when facility is up and running and so on. Rosendall says in that portion there were discussing timing of payments.

Monthly payments made for a "success" fee.

There was an agreement produced by Synagro that went to Rayford Jackson but did not list Olumba. So they wanted to modify the agreement to list Olumba.

They discussed $125,000 success fee that was supposed to be paid shortly after City Council approval.

Rosendall says he believes it was $25,000 a month. There were also "milestone" payments for several hundred thousand dollars. Bernard's lawyer John Shea objects. Rosendall says that in total $7 to $8 million was paid to Jackson who then shared it with the others.

More recording. I can hear Bernard and Olumba as they finish the conversation and get ready to leave.

Bullotta asks Rosendall if he hears when Bernard references when he sat down with Ed McNamara and Mike Duggan in the taped recording. Rosendall says he does.

Shea objects again and the lawyers head to sidebar.

Rosendall says he was talking about the past.

"We sat down with McNamara, Duggan and this and we carved out this. We know this is borderline illegal.....The county was a different animal....."

Bullotta reads what Bernard is saying in the meeting.

Rosendall says that Bernard was saying that they were carving out deals with the county at the time that was similar to what they were carving out with Synagro. Rosendall says Olumba did no work on the Synagro deal and her role was to cover for Bernard.

December 20th 2007 voicemail recording.

Rosendall still doesn't know at this point that the FBI are listening into his conversations.

Transcripts being passed to the jurors.

Rosendall is on vacation til January 7th.

"This is BK. I'd appreciate a call today. Vacation or no motherf***ing vacation," says a pissed Bernard on the recording.

Bernard nodding in agreement that he was angry. Rosendall says he called him back. Had never had an angry call like this from Bernard before. Rosendall didn't want Bernard to get mad and have the Synagro deal go sideways because of his link to the mayor.

Rosendall went to meet Bernard on December 20th in the parking lot outside Bernard's office.

Rosendall says they met outside to make it a quick meeting. Rosendall says he believes that Bernard told him his office was bugged. Rosendall says he wanted to appease the situation and had a Christmas gift he wanted to give him. He had a case of Cristal champagne for Bernard. Those things cost a couple of thousand dollars. Rosendall says that Bernard appeared very frustrated in the parking lot.

Rosendall also gave him $300 in cash when Bernard indicated he needed to buy Christmas presents for his grandkids. Rosendall says that struck a cord with him, so he went back to his car got the cash, stuck it in a gum wrapper and gave it Bernard. Now looking at a video of Bernard and Rosendall. We can see Rosendall carrying a case of the champagne and putting it in the back of Bernard's SUV, a black Escalade.

This is the first recorded video we've seen.

See Rosendall going back to his white SUV car and getting something. Goes to the center console in his car to grab the gum wrapper. Hands the wrapper to Bernard. Rosendall says that Bernard was upset because the agreement with Jackson, Olumba, himself was not finalized yet and he hadn't been paid money.

At one point, Bernard made a comment about "blowing up the house" meaning blowing up the deal.

Rosendall was worried that Bernard could carry out his threat to blow the deal. Listening to a conversation recoding between Rayford Jackson and Rosendall later that same day. "Oh my gosh!" says Rosendall.

"He threatened to unravel the deal. Just going nuts," says Rosendall further. Rosendall says he is talking to Jackson about Bernard. "Best thing to do is get out now JR...." says Jackson.

"This is why you've got to end it with this guy," says Jackson. "If you try to pacify him, it's just going to fuel him...." says Jackson. Rosendall says Jackson was talking about Bernard.

Rosendall confirms his nickname is "JR." Rosendall can be heard telling Jackson that the meeting with Bernard went "on and on."

11:55AM Rosendall says he understood Black Onyx to be a company owned by Olumba.

Looking at email from December 21st, day after the parking lot incident listing Olumba's company. there was an invoice attached to it.

Invoice to Synagro due upon receipt for $5,000.

Services rendered for minority representation and political consultation. Rosendall says Olumba never did anything for Synagro.

In December 2007, Rosendall forwarded Olumba's invoice to Pam Racey VP of business development at Synagro. Rosendall tells her that he hasn't talked to Alvin, the corporate attorney about it. Also told her that she should be the one to talk to Rayford Jackson.

Rosendall says he sent it for her review and to check it against agreement with Jackson.

On January 9th 2008, there was a call between Racey and Rosendall. Racey was in charge of the Detroit contracts out of Baltimore, MD.

"Honestly Pam if I didn't think they could screw with them, I would blow them off and wouldn't even deal with it. But I know how vindictive people can be," says Rosendall. "What blows me away is that I can believe Rayford is trying to sit back and be a hard ass...." says Rosendall.

Rosendall says he was talking about agreement with Jackson, Olumba and Bernard.

"I think everyone was being greedy and unreasonable," says Rosendall. He had told Racey where they, Jackson, Olumba, Bernard and the city, would screw with them was on the city permits. 

12:05PM 5 minute break.

12:17PM Judge Edmunds back in the courtroom. 

On January 22nd 2008, was the day that Rosendall was contacted by FBI agent Bob Beeckman. He was pulled over and questioned by FBI. Rosendall was in Jackson on his way back to Grand Rapids. The feds asked if he would go downtown and talk to them. 

"I said I'd go and listen but didn't know how much talking I'd do," says Rosendall. 

Rosendall says overnight he decided to cooperate with the FBI investigation. 

Rosendall met with his attorney, Bullotta, Beeckman and US Attorney Mark Chutkow. 

Rosendall says he decided to cooperate because it was the right thing to do. 

Rosendall says he would come in weekly to Detroit. 

Rosendall says he arranged to meet at Southern Fires on lower east side in Detroit with Bernard on January 29th 2008. He had a couple of thousand given to him by the FBI and he was wired. Rosendall was going to record payment. 

Listening to a recording of the meeting. "after our conversation in December, and the heated argument outside your office, I kinda went back and regrouped myself... I know you were pissed that day..." says Rosendall. 

Rosendall says he recognizes his voice and Bernard's in the recording. "I can';t have you telling me you'll kill the deal...." says Rosendall in the recording. 

"I want to work things out...." says Rosendall. 

"Like I told you last time....I told you 50/50 but I never knew..." says Rosendall about the split. 

"As far as I know, it's not in writing," says Rosendall about Bernard's agreement with Jackson. 

"It didn't have to go south. My original agreement was with you. A man to man word," says Bernard in the recording. Bernard was referring to agreement with Rosendall. 

"I want you to deal with Ray," says Rosendall on the recording. 

"Get with him and let him work through all that," responds Bernard on the recording. 

"If peole put me in a position where I don't have any options, I go to the the options I have," says Bernard. Rosendall says that is a reference to killing the deal. 

Bernard says: "I'll walk away but I'll blow up the house...." Bernard also says something about if someone takes my TV, I'll blow up the house and my tv too so that no one gets the tv or anything else. Rosendall says that if he didn't get the agreement, he was going to blow up the deal. 

"I'm trying to pacify this thing but I have Rayford on one side pushing and you on the other side...." says Rosendall. 

Listening to the recording. So hard to make anything out with the song "Rescue Me" blaring in the background. 

"Y'all get uspet when I get mad. That's the bottom line," says Bernard. 

Bernard talks about getting 5 people and you go get them. Rosendall says Bernard is talking about 5 people in City Council. Including Joanne Watson and Kwame Kenyatta. 

"Barbara rose could be bought. no question about it." says Bernard. Barbara Rose also on City Council. 

Bernard also talks about Monica playing both sides of the game. That's Monica Conyers.

Bernard was saying that Synagro had paid money to neighborhood groups they didn't need to spend money on. Rosendall says that Bernard was critiquing what Synagro had done. 

12:40PM "You want a check or you want cash," asks Rosendall. 

"2500" says Rosendall. "I mean I told you I'd bring it," says Rosendall. 

Rosendall says that at this point he offered Bernard $2,500 in cash that the FBI gave him. Rosendall took it and folded it in half and handed it to Bernard on the side. But Bernard wouldn't take it and said he wanted a check. 

Olumba was also there and said "Ill take a check if you make it out to Black Onyx." Rosendall says that the money would go to her and ultimately BK. 

Rosendall told them it was money coming from him and not from Synagro to appease the situation. 

"Damn, let me call my man," says Bernard as he makes a call. 

"Looks like the next lump sum payment due is what $500,000? For what financing?," says Rosendall. This is the milestone payments Rosendall testified to earlier. 

$24,000 a month plus $18,000 a quarter to be paid says Rosendall. Rosendall is calculating payment amounts on contracts- about $330,000 anually. It was to be split between Olumba, Jackson and Bernard. Up to this point, Rosendall says Bernard had not done anything. 

Rosendall says Bernard wouldn't take the cash.  

Now we are moving to March 5th 2008 when Rosendall met with Bernard outside the condo complex Bernard lived in at the time. Rosendall says they met outside in the cold to make a payment. They met twice that day. There is video of the day but no transcripts. 

Looking at shot outside the condo building where BK lived. Bernard wearing a King Tut sweatshirt.  

Some Bernard comments:

"So I'll call my man. Then I'll call you. when are you going back down there," says Bernard in the video. 

 "I was pissed about it the other day," says Bernard in reference to the $2,500 Rosendall tried to pass him at the restaurant. 

"I don't know why you do shit like that...You know I don't want anybody seeing me taking money." 

"What I'm scared about is that they were sweating somebody." Ironically he is talking to the very person who is being "sweated." 

"Most people will not go under the bus for you." 

"I mean we're in a restaurant and you don't know if there are cameras in here." Were they ever. 

Bernard had also talked about the 2500 in the restaurant and how Rosendall tried to hand it to him in the restaurant. 

"I have 3 people that I trust in the city," says Bernard. Rosendall says that Bernard didn't trust a lot of people. 

Rosendall saying that he talked to "Meah", Amru Meah, about the permits. 

Rosendall saying he is happy Bernard worked out his differences with Jackson. 

"If it started, he should be giving me 5 a month," says Bernard about the $10,000 that Jackson is supposedly receiving. 

At one point Bernard holds up his hand and shows 5 fingers. "Why don't you do that man?" says Bernard. Rosendall says that he took that to mean $5,000 is what Bernard should.  

1:00PM Bullotta has another recording from later that day when Rosendall brought cash back from Bernard. The prosecutor says it's alright to stop here. 

Judge adjourns court and we resume tomorrow at 9AM for an abbreviated session that runs until noon.

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.

Special Coverage: Kilpatrick on Trial

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