Rod Meloni Blogs From Inside Kilpatrick Restitution Hearing 12/9

We’re back in session at 1:38 p.m.

AS: the people think it is important to go through the lengthy record and would like opportunity of submit something in writing.  We are told the transcripts won’t be available after Christmas to submit something in writing and a copy to the court.

Schwartz:  I think your honor is far more adept than a lay jury. I do not think extending this is.  We should just be done or have oral arguements, then your honor study and make a ruling. If we’re going to have written briefs, we do so in normal fashion to be the proseuctor put forth a brief by a certain date, then we have reasonable time to respond. Put time limits on briefs. Then if oral arguements are needed we can do them. I am willing to do what your honor wants.
Judge. I was pleasantly surprised the testimony is done today. Are you prepared for final arguement today?

AS: No your honor. We’d like opportunity to go over the numbers and then havve oral arguements.
Judge: With the holidays coming, what do we do?

AS: We would like one week after the transcripts become available.

Judge: takes court reporter outside the courtroom to discuss situation.

Judge: back on bench 1:45pm Court reporter will have transcripts ready on the 4th of January.

Judge: wants to know if there are going to be written and oral arguements it’s overkill. I heard the testimony.
defers to attornies.

Schwartz: says both is too much.

AS: The only thing we would put in writing in legal arguements. We need the opportunity as to the nature of the hearingand the consequences, it would be best if we did a brief and a pleading. I’m not intending to make an

Judge: I just don’t want to read any more documents, I’m all read out!

AS: you can limit us in pages.

Schwartz: we can do a legal ar

Judge: I feel I have a good grip on this case. The evidence is here. You have a choice, written or oral. Schwartz want oral arguements. I think you are better off with oral arguements.

AS: We do want oral arguements.

Judge: January 11th or 12th.

AS and Schwartz: 12th.

Judge: we should do it late in the afternoon 45 minutes. Arguing over they will need more time.

January 12th @ 1:30. each side gets an hour.

Judge wants to hear arguements, will review testimony and law… will come back another date. Won’t need much time but wants to take time to review arguements and the testimony.

Schwartz: requesting Kwame not be here for arguements.

AS: generally in any criminal proceeding, the defendent is there.

Judge: If he voluntarily waiving presence, the appellate issue solved.

Judge: asks Kwame whether he wishes not to be here.

KK: I very much don’t want to be here [audience laughs]

Judge: My decision a good question. Scheduled for January 20th…

KK: He is fine with 1/20

Judge: unless there are unforseen circumstances January 20th at 2pm I will render my decision.
Nothing further… before adjourn… I will see everyone on 12th. any issues come up please raise them asap.
Hearing complete.

12:42 p.m.

Next up, the prosecutor’s office wanted to put a forensic accountant on the stand. The accountant ended up in the hospital over the weekend and has not been able to work.  The prosecutor’s office is now looking for a substitute, and requested one week’s time to present a report . Athina Siringas is representing the Prosecutor’s Office and pitched to allow this accountant to work on the report and give it to Schwartz to look at.  Schwartz objected saying the information is already on the record. The Prosecutor’s office has had plenty of time to do this report.  Schwartz said it is late in the day to make the presentation. He argues that a report is not subject to cross-examination. He would have to have a companion report made. This prolongs this process.  He believes all of the information necessary is on the record and “we don’t need an accountant to message this.”

Judge Gronder denies request to delay this case any longer.  First heard about this accountant last Friday. He indicated it was late notice and a surprise to the defense. The judge put requirements on the accountant that have not been provided. There are about 800 pages of testimony in this case. The Prosecutor’s office has gone into great detail of Kwame Kilpatrick’s finances and have considerable information in the court record. Groner does not want to delay process any further and is going to deny the request for this expert testimony.

Next up:  What kind of hearing is this? I ruled, said Groner, this is a restitution hearing. Now Groner is asking the prosecution. He said “I can help you, I ordered a restitution hearing.” Prosecutor Robert Spada now pleading about a motion if defendant is placed on probation, any restitution ordered shall be subject to probation. The judge can revoke probation if the defendant has not made a good faith effort to comply with the order. The law says there is a wide range of possibilities for penalty.

12:23 p.m.

It’s 12:23 and the Kwame Kilpatrick restitution hearing; day 6 is still not underway.  The former mayor arrived around noontime. He came in wearing a blue hat and winter coat and slipped into an anteroom.  It appears he and his attorney Michael Alan Schwartz met for a few minutes.  Kwame Kilpatrick then came out of the anteroom and went out of the courtroom.  At 12:25,  Judge David Groner took the bench and Kilpatrick was not in the courtroom.  Then Kwame re-entered the courtroom.  Judge Groner starts out the hearing by saying he worked very long and hard this morning. When he got to his office he was asked for a meeting with the prosecution and defense. He is now discussing the letter from Covisint regarding Kwame’s sales call that postponed this hearing in November. The letter Covisant sent is confidential and there is a gag order, but he wanted to make certain the Prosecutor’s office sees the letter, which it did. Prosecutors did not get a copy of the letter but did read it.  There is to be no discussion of what was in the letter says Judge Groner.  He finds the letter is satisfactory and he says the information in the letter is as Kwame Kilpatrick represented in court. He is satisfied with the result, that Kwame needed to be there for this meeting and there is a possibility of a $300,000 commission.

Kilpatrick’s attorney Michael Alan Schwartz asked for a closed-door sidebar outside the courtroom.

Groner asks the Prosecution if they want to hold a contempt hearing. They say no. Groner says “the defendant complied with the court order end of issue”!

Hank Winchester Blogs From Kilpatrick Hearing 12/8/09

4:53 p.m.

Judge agrees with Kilpatrick team that restitution payment could be cut to $3,000 monthly because Kilpatrick’s salary cut by almost 50 %.  Remember, when he started working Kilpatrick got money up front, and now claims his paycheck has been reduced.

4:30 p.m.

Kilpatrick now being questioned by his atty.  He’s talking about his relationship with probation officers in Texas.

2:48 p.m.

Make that 7 deputies now in courtroom.

2:49 p.m.

The prosecutor reveals someone wrote $5,000 check to Kilpatrick’s son. Kilpatrick says “wow” under his breath.

2:43 p.m.

Five deputies are now guarding this courtroom– five deputies! It seems a bit much.

2:22 p.m.

A battle between the prosecutor and Kilpatrick’s attorney about whether he was aware of a restitution order.  We now have a much better view of Kilpatrick on the stand. During the break, the judge had a TV removed that blocked the view of Kilpatrick from the media.

2:24 p.m.

The prosecutor is asking Kilpatrick if he believed he didn’t have to disclose Carlita’s accounts.

Proscutor says, “Mr. Kilpatrick, you should understand you are a lawyer…well you were a lawyer.”

2:10 p.m.

Court is back in session.  The prosecutor is now going over bank records with Kilpatrick. He wants more information about the thousands of dollars in Carlita Kilpatrick’s account.

1:25 p.m.

Tracking the money:  The prosecutor wants more information on why the Kilpatrick Civic Fund cut a check to Kwame and family to spend $15,000 for moving expenses.

12:42 p.m.

No love loss here. Kilpatrick’s attorney and the prosecutor are going at it again. There is a lot of bickering and arguing about line of questioning.

12:32 p.m.

The judge coming down on the prosecutors, making sure all parties understand the goal here is not to throw Kilpatrick in jail, but to pay the city back.

12:24 p.m.

Kilpatrick holds hands over his face. He looks upset when the prosecutor revealed he needs to question Kilpatrick for 3 more hours today.

12:17 p.m.

Court now is in session. We had a delay because we had to move courtrooms. We’re now in Judge Evans courtroom on the 8th floor. Kilpatrick has just entered the room.

Judge ordering a short break…half an hour to eat.

Drew Blogs From Kilpatrick’s Restitution Hearing 12/7/09

  Sixth Post: 4:30 p.m.

 Going after the money trail.

The prosecution continues to try and prove Kilpatrick has not been truthful about his ability to continue paying $6,000 each month in restitution.

 There have been numerous bombshells in court — most explosive being the fact Kilpatrick spent more than $15, 000 plastic surgery for his wife.  Also on his list of expenses $595  at  Gucci Store, and other bills for Golf , and nail salons.

 Prosecution then went on to say Kilpatrick wrongly kept a $20,000 tax refund he could have used to pay his restitution.  Prosecution also introduced documentation showing Kilpatrick used political funds to write a check to a cousin and the charity ran by his sister.

 Kilpatrick continues to say he won’t answer certain questions because of marital privilege. Judge Groner warned Kilpatrick if he continues to claim marital privilege it may prove he did not follow court orders.

Fifth Blog Entry: 2:40 p.m.

Back in session after lunch break.

Kwame Kilpatrick and attorney Michael Shwartz are both late – more than 15 minutes. Judge Groner admonished Schwartz for being late and delaying the court. The prosecution asks about a moving invoice paid to Dennis More and Gale Force Entertainment and Sports located at 14900 Beck Road, Plymouth Michigan. Date of invoice 11/26/08.

Kilpatrick says he doesn’t know that name. The prosecution says its the address of the Plymouth Whalers – the hockey team owned by Peter Karmanos.

Kilpatrick has no knowledge of an invoice to Dennis Moore in regards to his family’s move from Florida to Dallas.

 Earlier in the morning, Kilpatrick told the Court the Kilpatrick Civic Fund did authorize some moving expenses on behalf of his family. If you recall the Civic Fund is a non-profit fund that was established to promote political education.

 Kilpatraick did take a $15,00 deduction for moving on his taxes …. so now the prosecution is asking Kilpatrick he paid an EXTRA $15,000 on top of the amount the Civic Fund paid. The prosecution is trying to find out if Kilpatrick took a deduction on his taxes, which was not allowed.

 Schwartz says the prosecution is trying to turn the court proceedings into something MORE than just restitution, she is trying to trick Kilpatrick into saying false statements.

Fourth Blog Entry:  11:17 a.m.

The Kilpatrick Civic Fund  is now the topic of questioning.   If you recall this non-profit fund was set up to raise funds for political and civic education.

 Prosecution is asking Kilpatrick if the Civic Fund did indeed did pay $9, 400 for a lease for housing for Kilpatrick , as well as $ 1,050 for the fee for the company to find Kilpatrick a home, referencing checks signed by April Edgar and Kandia Milton.  These were checks paid to Regality Business Services.

Kilpatrick stated that The Board of the Kilpatrick Civic Fund had a meeting in which they decided to pay for your housing , since Kilpatrick was the lead of this organization the board  decided to pay for transitional housing and moving expenses. 

When asked who was on the Board, Kilpatrick would not offer up names, but said it was public information.

Kilpatrick asks to talk to his attorney – so the judge granted a ten minute break.

 Third Blog Post: 10:38 a.m.

 Kilpatrick just testified a man by the name of Jim Carlisle, owns the house he lives in on LaPoloma Court.  Kilpatrick then asked the judge if the prosecution had the right to just “drop names” like that in court.  Judge Groner said his defense could object – but didn’t.

Kilpatrick then told the court he was very active in searching for a home, looking at accommodations, size of home, colors etc.  But his wife was in charge of the financial matters of the lease and the terms of renting a house Frustrated Kilpatrick said the prosecutor he knows what she is trying to do … and “this is really not about restitution.”  The Judge struck those comments from the record.

Kilpatrick did not want to answer further questions about the rental of the home under marital privilege.

Second Blog Post:  10:21 a.m.

  Kilpatrick is back on the stand.  Prosecutor Athina Siringas asked Kilpatrick if his wife took over the family finances once he was incarcerated.  Kilpatrick said yes that was a necessity, and she has continued to take control over the family finances since his release.

Kilpatrick has just stated that the money he gets paid by Covisint goes to his personal checking account.

Kilpatrick then testified his wife pays the family’s bills many of them paid with funds from their joint checking account.

Kilpatrick then testified the restitution he has to pay each month, he pays himself, his wife has never paid.

First Blog Post: 10:04 a.m.

Former Mayor Kwame Kilpatrick has just entered Judge David Groner’s courtroom nodding his head and giving a slight smile to a few in the courtroom. 

Judge Groner is addressing a topic that was mentioned at the last court proceeding, when Kilpatrick said he had to go because he had a business meeting he needed to attend. That would give him the opportunity to earn some $300, 000 money that could be used to help pay back his restitution. 

 Judge Groner at that time asked for a letter and documentation to show Kilpatrick in deed needed to attend this meeting and therefore the court proceedings must be adjourned. Judge Groner has just stated he did not receive the requested information. 

Meloni’s Kilpatrick Hearing Blog – Nov. 18

4:26 p.m.

4:25 p.m.

Back in court:

Kwame Kilpatrick back on the stand being cross examined by Athina Siringas… Kilpatrick very forcefully stated he gave the Probation Department everything, all of his financial documents.

Siringas: You never disclosed sir until you got information from Mr. Karmanos we were looking into your loan.

Kilpatrick: No. I am under the jurisdiction of Tarrant County, I was never asked to disclose loan. When I was asked to disclose, I did.

Siringas: You disclosed student loan;

KK: Yes

Siringas: You disclosed other documents

KK: Yes.

Siringas: so you disclosed those items but chose only to disclose the Karmanos etc. loan after you found out we were looking into them and had found out about it?

KK: That is not what happened.

AS: Who is Sandra Ramsay?

KK: A good friend of mine.

AS: Known her for a long time?

KK:Yes

AS:Is whe Dedan Milton and Candia Milton’s mother? [These are former Kilpatrick Administration officials]

KK: Yes.

AS: Did she pay some of your restitution?

KK: did not want to put her name in public. But since it was there, he said I was ordered to pay $22,000 before leaving town to go to Texas. She paid part of that.

3:33 p.m.

Schwartz continues:

In the past 48 hours request made for fax from realtor.

Schwartz: asks FBI agent if he got the fax.

Beckman: says he can not testify because it gets into sensitive federal investigative information.

This is regard to the buyer’s representative agreement put into the report that’s been admitted into the case.

Judge Groner: does not want to violate FBI’s rules and u.s. attorney’s concerns.

Schwartz: wants to keep asking about document.

Judge asks Asst. U.S. Attorney: can the officer answer yes or no…

Kaplan: any discussion of anything in a grand jury subpoena would be in violation.

Schwartz: then if that is the case, then all of this information can not be allowed.

Kaplan: says it’s not true.

Schwartz asks Beckham about buyer’s agreement, whenhe asked for the buyer’s agreement, did you know it exicsted…

Beckham: no

Schwartz: is it the practice of the Federal Government to ask for documents it doesn’t know exist?

Beckham explains broad subpoenas can be offered.

 

2:46 p.m.

Schwartz: to the best of your knowledge, is it a crime to give anyone to give a loan?

Follis: No

Schwartz: Is it a crime to receive a loan?

Follis: No

Asst. Prosecutor Siringas resumes her cross examination:

Asks Follis if he is an officer of Compuware… Follis: Yes.

He’s seen lots of contracts worth millions of dollars? Follis: Yes

Is it your responsibility to make certain contracts are signed and executed properly.

Yes.

Mr. Karmanos relies on you to do things in a trustworty fashion

What you’re telling us is your defense to having the documents is you forgot?

Schwartz: Objection, he has no requirement to have the documents.

Judge Groner says Ms. Siringas, this is your witness, your tone is a little harsh.

Follis: the reason for the documents was to protect the parties it was not meant for any kind of evidence whether there was a loan or not.

Compuware doesn’t do business that way. Generally, we don’t loan money.

Siringas: this agreement had a confidentiality clause?

Follis: Yes.

Schwartz: objects because it’s not what he brought up in his cross.

Judge allows question;

Siringas: reads from the confidentiality agreement. Kwame Kilpatrick was allowed to disclose if required to by law? Yes.

Judge: sustains objection, strikes answer… tells siringas to move on after she attempts to further discuss her line of questioning

Siringas: You said in November 2008 and august 2009, you had not seen the agreement and the promisory note?

Follis: Yes.

Siringas: Mr Karmanos had those documents?

Follis: Yes.

Siringas: How is it you accomplished changing this loan document in march of 2009.

Follis: not sure if it was later than that.

 Cross examination ends, courtroom takes a break.

2:36 p.m.

 

Schwartz cross examination of Dan Follis continues:

 Schwartz wants to know what legal counsel he sought regarding the loans. Yes.

Schwartz says there is no basis in fact that shows Mr. Kilpatrick was getting a gift as opposed to a loan?

Follis: that is correct.

Schwartz: Whose checks did you pick up and actually see?

Follis: Nicholson and Penske.

Schwartz: Did you see the others?

Follis: No.

Schwartz: Who from the prosecutor’s office came to see you?

Follis: Ms. Siringas, Robert Spada [prosecutors in the room working this case today] and a third Robert Moran. They asked for my file. [which he gave them.]

Schwartz: When was this done?

Follis: a weel or two before the October 29th hearing for Kwame Kilpatrick restitution.

2:27 p.m.

Schwartz continues cross examiniation:

 Going over loan documents. They were signed originally in November 2008. Mr. Kilpatrick had not signed the documents. Discusses the dates with Judge Groner when Kwame Kilpatrick was in jail [Oct. 2008 until February 2009].

 Follis was not asked to go to the Wayne County jail and get Kwame Kilpatrick’s signature on the loan document while he was in jail and knows of noone who would have been asked to do so.

Follis does not remember witnessing the signature of Mr. Karmanos going onto the loan agreement. He does remember Nicholson and Penske’s.

 When John Rakolta Jr. pulled out of the loan agreement Follis redrafted a new loan agreement with just Nicholson, Gilbert, Penske and Karmanos. He asked permission to do so in an email alerting them to the fact that Rakolta did not want to participate. Follis told the business leaders they did not have to sign the new document because they’d signed the previous agreement.

 

 

 

2:22 p.m.

 Asst. Prosecutor Siringas finishes questioning.

 Judge Groner looks for clarificaiton, elicits from Follis he had never received the money from Dan Gilbert, but did pass along promisory notes [contracts] to all parties regarding the loans.

 Michael Alan Schwartz cross examines.

He asks Follis if there were any discussion of making the loans a gift? No, said Follis.

He asks “Do you know anything at all, any facts that the agreement between the four men and Kwame Kilpatrick was anything other than a loan?” Follis: No.

1:35 p.m .

 

Kwame Kilpatrick restitution hearing resumes.

 Judge David Groner notes the hearing started late, Kwame Kilpatrick and his attorney Michael Alan Schwartz were late and the judge reminded everyone on the import of starting on time.

 Back on the stand: Dan Follis, corporate counsel to Compuware. He resumes testimony of yesterday.

Deputy Prosecutor Athina Siringas continues questioning. She is looking to get more information out of Follis regarding his legal file containing the loan agreement between Kwame Kilpatrick and six Detroit business leaders.

 Follis testified about the notes he took regarding Saturday, May 31st, 10am meeting with Kym Worthy at Peter Karmanos’ office at Compuware. It was the day of the race for the cure … Item that came up @ the meeting if Kwame Kilpatrick resigned making sure family gets taken care of. Follis was not there and was only told about this item coming up. Follis is asked whether the attempts to get Kilpatrick to resign if his family is taken care of and says he does not know for certain because he was not there.

 Kwame Kilpatrick again today wearing a brown pinstripe suit [different than yesterday's.] with a white shirt and a striped tie. He sat quietly. Once again, the courtroom is filled with bailiffs, six of whom flank the judge on either side. The courtroom is less crowded than yesterday, with fewer onlookers in the courtroom. There are still the phalanx of cameras, both video and still.

 Follis testifies he gathered the money from the big five business leaders regarding the money. Roger Penske, Jim Nicholson, Peter Karmanos and Dan Gilbert… Karmanos had two checks, two for $30,000 that were picked up a few days apart. Mr. Penske gave his loan money before Kwame Kilpatrick left jail. Follis testifies he was not present for much of this transaction.

 Follis testifies he heard from IRS and FBI agents by phone regarding these loans.

 Michael Alan Schwartz objects to the relevancy of this line of questioning.

Judge sustains the objection.

 Siringas moves on: She asks about what he told the FBI and IRS, saying John Rakolta Jr.’s name had been removed from the loan documents. The loan went from $300,000 to $240,000.

Assistant U.S. Attorney Robert Kaplan appears before Judge Groner to alert him to the fact any time a special agent appears on the stand he/she must have representation. Judge Groner says it was not his understanding that was the case. But allowed the agent to take the stand.

 Called to the stand: Special Agent with the FBI Robert Beckman

Siringas: wants to know what the agent knows about

1106 LaPaloma in South Lake, Texas:

Roxanne Taylor and Assoc. real estate… he called realtor.

Siringas wants to know more about what he found out about

Buyer’s rep for Kwame and Carlita discussed rental of different homes… Showed LaPaloma address and had meetings at his office with Kwame and Carlita.

Siringas: did Kwame sign the buyer’s rep. agreemnt?

Beckman: yes.

Siringas: how many times did they meet?

B: Yes

AS: Did Kwame discuss rent cost of the home?

B: Yes.

AS: Did Mr. Kilpatrick sign the lease?

B: no he did not

AS: Were there meetings with Carlita regarding the lease.

B: Carlita negotiated the lease but called Kwame on the phone to check whether he agreed with the figures.

AS: He was aware of the lease, terms of the lease, aware of all relevant information of LaPaloma, just didn’t sign lease?>

B: Yes.

 In discussing a summary of his notes from the case, Agent Beckham then gets questioned by Michael Alan Schwartz. Schwartz wants to know how the report was compiled. Beckman says from notes. Schwartz wants to knwo where the notes are. In Beckman’s office… Schwartz wants document on the home not included because of lack of notes. Judge allows questioning to continue. Siringas says she has no more questions.

Schwartz goes to cross examing FBI Agent.

Wants to know why he was called to testify in this case on Monday of this week.

Beckman said he was called by the Wayne County Prosecutor’s office, asking for the specifics of the interview with the Real Estate deal.

Schwartz wants to know why the Wayne County Prosecutor’s office waited until now when they could have asked for this information months ago?

Beckman: knows something. When Wayne County Prosecutor’s office called Texas they could get no answers on the phone.

Schwartz asks if he knows amount of lease:

Beckman: no, the realtor could not remember.

Schwartz continues asking specifics about when and how many meetings there were with the realtor regarding the lease,

Beckman: the realtor could not remember how many meetings there were.

Schwartz: did he overhear the phone conversation:

Beckman: He said he heard Carlita’s conversation.

Schwartz: how long was the call?

Beckman: doesn’t know.

Schwartz: Did she say what was said?

Beckman: No.

Schwartz: Did you ask Mr. Fielding what Mr. Kilpatrick said to Carlita you on the phone?

Beckman: No.

S: Wat was Mr. Fielding recollection of the conversation:

B: He was attempting to negotiate from the other side and make certain Kwame Kilpatrick was involved in the negotiations.

S: What did he hear Mrs. Kilpatrick say to Mr. Kilpatrick?

B: I don’t know, I didn’t ask.

Schwartz: You have no way of knowing what Mrs. Kilpatrick was talking to him about Mr. Kilpatrick.

B: No. He didn’t particularly say what was said. He said Mrs. Kilpatrick needed his ascent to make the lease.

Schwartz: asks a lot of questions… hard to follow… withdraws.

 

 

AS: Asks how much she paid?

KK: $10,000

AS: Later did she pay part of your restitution?

KK: I thought it was somebody else. Yes, she did… Kwame laughs

AS: On February 4th, you had $150,000 in checks that you signed over to your wife.

KK: I didn’t have the money, she did.

KK: It was a loan to my wife, I did not know that would go to restitution… nothing in my restitution says that loans count.

KK: She has her own accounts and it’s going on the sheet and everyone married in the room knows that can’t be the same thing.

AS: Did you repay Sandra Ramsay

If we look at all these records

AS: So you don’t even know who is paying your restitution?

KK: That’s not true.

AS: Did you get money from Dedan Milton?

KK: He has paid some, he is a close friend.

AS: Yesterday you testified you paid all the restitution.

KK: I said other people would go to the window for me, I paid that money or I would have someone go to the window and I would pay them.

names Jeffrey Beasley.

AS: wants to know more about him,

KK: I won’t go there.

AS: Showing Kwame Kilpatrick a picture… an exhibit not in evidence… Who is this gentleman?

KK:Dedan Milton.

AS: This is the person you said you had paid your restitution?

KK: Dedan paid the money, I thought it came from him, but you just showed me how his mother gave the money to do that.

AS: Why is Dedan Milton going to the post office getting one thousand dollar checks to help pay your restitution

KK: I don’t know what Dedan

AS: There are so many people giving you money you don’t even know who they are?

Schwartz: Objection… argumentative

Groner: sustained.

 

 

Meloni’s Kilpatrick Courtroom Blog – Nov. 17

4:42 p.m.

Still discussing the loan agreement with Dan Follis, Karmanos attorney.

 Mr. Rakolta decided not to participate in the loan. The prosecution wants to know whether the attorney made the change from $300,000 to $240,000 after the original $150,000 was dispursed. The assumption was the first half of the money [1/2 of $300,000]… It’s not adding up according to the prosecution. Why distribute half of the loan money when one of the lenders backed out?

 Judge wants to end hearing @ 4:35PM

 Siringas asks more questions: Mr. Karmanos told you before Febuary 9th he gave Kwame Kilpatrick $150,000?

Follis: yes.

 4:41 p.m.

On the stand, Peter Karmanos’ attorney Dan Follis discussing the $60,000 loan given to Kwame Kilpatrick by his client. It’s to start getting paid back by the former mayor a year from now. The Mayor is supposed to pay the loan back on a quarterly schedule of 2000 payments… Annually that’s about $8000. The prosecution is intimating this loan is designed not to be paid back. Legally, that money becomes a gift to Kwame Kilpatrick if he does not have pay it back… And since it is less than $12,500… the Federal Gift Tax threshold… Karmanos does not have to pay gift tax. 

 Now we’re getting into the loan agreement to Kwame Kilpatrick. The loan given to Kilpatrick was for $260,000… from Peter Karmanos, Roger Penske, Jim Nicholson and Dan Gilbert. But, it is coming out in court now that on the documents John Rakolta, of The Walbridge Aldinger Construction Company [Detroit] was also included in an original loan payment to Kwame Kilpatrick of $300,000. Rakolta originally was supposed to also donate $60,000 to the Kilpatrick loan. But in the end, Rakolta apparently did not give any money in the loan… Rakolta is a well known donor to the Democratic Party and Rakolta’s company did the Construction of the Compuware Building. Mr. Rakolta was deleted from the loan agreement.

 The proseuction says Kwame Kilpatrick signed the original loan document for $300,000. 

3:50 p.m.

Schwartz now argues the documents should not be allowed into this hearing. THis is not misleading, it is misrepresentation. He says the document does not meet the prosecutor’s claims of the previous hearing contained $1.16 million dollars… when the math is not correct, reflects loans that should not be included and in the end the accounts should have somewhere in the neighborhood of $340,000. Schwartz believes the prosecutiron is portraying Kilpatrick has more money than he does and knowingly done. Asks the documents be striken from the record.

 Groner: says his documents in question are the same.

 Assistant Prosecutor Siringas pleads state law says summaries are admissable. It is an accurate summary… wanted to amend it, mistake by $3000 and wants to fix that mistake. She wants both

 court will not allow 38-a and 29

Ms. Siringas you tried to mislead: you made a statement that the defendent had more than one million dollars and the media ran with it. It is a misstatement of facts. That was not an accurate statement of facts. There were transfers. All it does is give the court records it already has. I don’t need the summary. your conclusions or totals are misleading. These are just numbers. The witness could not answer whether the $240,000 or $65,000 are.

You say there are $770 odd thousand dollars availalbe to pay. To let these documents in is probative, your summaries are misleading that is why the court is not allowing them in.

 AS: this is a hearing, rules of evidence don’t apply. With all due respect to the court. All I asked the defendent last time is would you agree these are additions and subtractions into these accounts. Because the media runs with something, we don’t go around talking to the media like Mr. Schwartz. For the court to say that the findings are not accurate.

 judge: it’s the total, 1.16… you made it sound like he had a million dollars deposited into his account.

 AS: with all due respect. If he had access to $775,000. The rest of the evidence shows there were inter-account transfers… whether it’s money that the court can see. It is up to the court to hear all of the testimony. He had $770,000 available to him. Exhibit 39 shows money in and money out. What he spent, nothing in here is inaccurate.

 [things are getting tense.. the judge just gave Siringas 2 minutes]

 This is a closing arguement… make it later, you are trying to upstaging the court.

I’ve made my ruling!

Any more witnesses.

 AS wants to recall the defendant.

As the testimony carries on, one thing becomes clear. The accounts the Mayor maintained with his wife… five accounts really contain more than three quarters of a million dollars. There was considerable money moving in and out of these accounts. Attorney Schwartz is quibbling over whether this money came from outside sources or inside sources. But the bottom line here is, these are not small accounts. It is clear the prosecutor’s office wants to show that the former mayor clearrly has the means to pay his restitution.

3:16 p.m.

The prosecutor’s office worker says the documents they are working on are spread sheets and cover five different accounts and can watch inflows and outflows. 

The prosecutor’s office finished questioning.

 Michael Schwartz steps up. Finds out Tommy Nafso is a lawyer in training also getting his MBA from U of

D Mercy and has an economics degree from Oakland University. Schwartz wants to put one of the documents in question on the tv screen.

 Judge admonishes the tv cameras to not shoot the tv screen… threatens trouble if he sees it on the news tonight.

 Schwartz wants to know how he went about compiling documents. Took numbers off of bank statements.

Schwartz: At the time did anyone actually ask you to find out what money was coming in from the outside and determine the transfers.

Nafso:No

 Schwartz: what were you told to do regarding compiling documents

Nafso: I was asked to look for red flags.

Schwartz: have you ever done anything like this before?

Nafso: No.

Schwartz: has anyone ever shown you how to use this program

Nafso: No

Schwartz: Have you ever testified?

Nafso: No

Schwartz: do you have a degree in accounting>?

Nafso: No.

 Schwartz want to know about the items changed.

Nafso: I changed three items.

 Schwartz: Isn’t it a fact that if a statement ends one month that the next month should start with the exact same number?

Nafso: I don’t know, but it makes sense.

Schwartz: what could possible change where the ending balance and the beginning balance could change.

Nafso: say something clears on the end of a statement before the other is posted. I don’t work at a bank.

Schwartz: so you’re just guessing?

Nafso: I am not guessing, I don’t know.

The testimony continues… but because we do not have the documents, this is impossible to follow!]

2:45 p.m.

Court back in session.

On the stand now, Tommy Nafso of the Wayne County Prosecutor’s Office. He is testifying to how he assembled the Kilpatrick bank documents. He is giving very specific information about how numbers were assembled. We can not follow because the documents he is discussing are not public.

Schwartz objects to the way Siringas is asking quesions; Judge overrules

judge makes it clear the former mayor says the numbers are correct, but the conclusions are not.

2:36 p.m. AS: asks if the former mayor knows whether he must reveal all financial information to probation.

KK: Yes.

 AS: Back then, did you have a Harley Davidson Motorcycle?

KK: Yes

AS: Did you disclose that to probation?

KK: No.

AS: You didn’t tell anyone about this asset until recently.

KK: That’s absolutely true.

AS: You kept your Harley Davidson at Bobby Ferguson’s home didn’t you?

Schwartz: Objection, relevance?

AS: Says it shows how the former mayor was hiding assets.

Judge sustains objection.

 AS: You were ordered to pay restitution to this court.

KK: Yes.

AS: What is your understanding of the court’s ruling?

KK: 30% of my income.

 AS: How do you physically make these payments.

KK: Don’t understand.

AS: Did you tell other people to bring the money to the courthouse.

KK: I probably did that the first time and then it was known I had to pay by the 15th at that time.

AS: Who paid that, different people?

 KK: I think everyone in the state knows. I paid

KK: There’s nobody that came out and paid it. I paid it! It would be better for me to sent the dollars to Detroit and have someone bring it to the window than mailing it to the building.

When you see me missing by a couple of hours what kind of news story that creates.

1:55 p.m.

Squabble over report shown to probation office. 

AS gives KK a report from probation. wants to know if there is any notation listed about him receiving $150,000.

 Objection from Schwartz about lack of legal foundation.

Judge rules it’s proper, overruled.

 AS: Did you disclose to probation whether you received $150,000. Yes or No! Objected to… Schwartz says prosecution is making speeches Judge says “If you would sit down maybe he could answer”

KK: tried to speak.

Judge: Stop, yes or no, answer the question.

 AS: Did you tell officer Roach verbally or in writing you have received $150,000 on February 4th.

KK: tries to answer. Schwartz objects: Mayor can’t recall what happened on February 4th unless he has magical powers.

AS: says she is asking about

KK: No I did not tell him.

AS: says that’s all I wanted to know.

Judge admonishes, “That’s improper.” 

1:43 p.m.

There is a dustup over Carlita Kilpatrick’s involvement in hearings. KK says he can’t speak to wife’s finances.

AS says the judge has ruled Carlita’s money is involved.

Schwartz objects.

Judge rules Carlita’s finances have come up and entered, the former mayor can answer.

 Questioning goes on:

 Bogging down in NFS “account”. Kwame says he’s confused with NFS line of questioning. Me personally as an account, personal NFS and “Chase are his banks. Under NFS there is a joint account, an account owned by wife, him and sons, 529 account for children’s college.

 Now squabble between lawyers over quetsioning.

 Judge tells KK to simply answer the questions posed.

 Prosecutor AS: Any other joint accounts? KK No.

 AS wants to know whether KK was aware of their joint checking account was closed as of October 15th? KK says

 I don’t want this to sound sarcastic, but last time we were here you told me. The prosecution has put us all as if we’re on probation, names his kids. Only he is on probation. Says he does not know anything about his wife’s accounts at all.

 AS Do you discuss finances in your house?

 KK Yes, about the children.

 AS: asks about discussing finances with his wife.

Takes the 5th about what he talks to his wife about.

 Judge steps in, tells Kwame to just answer the questions.

 AS: what do you discuss with your wife?

KK I discuss what I give to her.

 AS: You gave her $240,000 as a loan to her?

KK that’s a broad question. I did not transfer all of those loans to my wife.

 AS: You signed over $150,000 to your wife?

KK: You have the information, I don’t have the information.

 AS: When did you receive the money after you got out of jail.

KK: I answered this already.

Judge: Just answer the question.

KK: says he was in an office

AS: In Michigan?

KK: Yes.

 AS: Were you aware your attorneys at that time had requested permission to leave the state for purposes of employment?

KK: Yes.

 AS: Feb 12th, an emergency hearing asking to go to Dallas for job training?>

KK: Yes, I don’t know the date.

 AS: On February 27th, 2009, were you interviewed by Bret Roach?

KK: Yes along with one other person from probation.

 AS: You provided information about your expenses yes?

KK: I gave them a whole folder and an explanation of what was there.

1: 37 P.M.

Former Mayor Kwame Kilpatrick takes the stand. The Prosecution asks if the former mayor understands this is a restitution hearing. He says “yes.” His attorney objects. Judge sustains objection.

The judge wants an end to the speeches. 

Siringas then asks Kilpatrick to name all banks and the accounts therein since March of 2008 and any financial institution names. Kwame says he can not name them.

 In 2008 did you have a checking account? Yes. With whom? Kilpatrick says Chase Bank.

Any others? KK Don’t remember.

 Did you have more than five accounts? KK: I don’t think so. I don’t know. Do you not remember? KK argues with prosecutor. Prosecutor wants to set ground rules. Schwartz objects. Judge says just ask questions. Siringas wants yes or no questions unless asked for explanations. KK says “that’s what I’m doing”

 Now, back to bank accounts. Kwame still can’t remember. “The bank that I dealt with the most was Chase. Did you have an IRA? Yes. I had mutual funds, IRAs and others. “I can’t rattle that off” the list of institutions he did business. In March 2008, I was Mayor of Detroit, I dealt with multiple institutions. I had funds, funds within funds I had a person directing those funds.

 Siringas: Were your private finances handled by you?

 KK: I had multuple accounts, in multiple funds managed by someone else at Chase.

 Siringas: You had money in our accounts

KK’s Financial Planner is NFS and you have all of that information. “ALL of that information” I still deal with them but there are very small amounts of money in there. Siringas: less thatn $1000? I don’t know. KK there is no NFS account, they manage the money in several different areas and the reports come from different entities.

 1:20 p.m.

The former mayor’s attorney questions why this hearing is taking place at all, he does not believe there is any legal reason to be here.

Asst. Prosecutor Siringas got up, cited state law pertaining to restitution hearings, said the former mayor has selective memory and only responds to inquiries and subpoenas after they arrive and get brought up in court.

Television is not necessary, going to give people information who have nothing to do with the case personal information. Schwartz says information that is usually sealed or kept out of public view and is dissemenated. He claims there is illegal activity happening as a result of the information put on the screen. He says the mayor’s accounts are frozen as a result of that criminal activity. There has been damage already done. Wants television set removed.

Siringas says it’s a public hearing, the former mayor generates considerable interest, in the light of full transparency this should be open to everyone. The prosecutor’s office has done nothing to encourage ID theft. She is suspicious, all of a sudden all of his accounts are frozen, and now that we’re in the midst of this hearing the mayor closes down his joint checking account. The Prosecutor’s office says it’s kept private information and does not believe the mayor’s closing of his accounts is as his lawyer says it is. 

The court believes it’s a relevant hearing. There was never an objection to television last hearing…

 Schwartz says he was not given subpoenas in advance. He can’t speak for the banks. He says rules are violated. All the Prosecution needs to do is call the Bank of America Security Department to find out what’s going.

 Judge denies the motion to stop hearing. He requires Prosecution to hide all personal information that could cause ID theft.

1:10 p.m.

Just as last time, the proceedings in the Kwame Kilpatrick hearing have moved to the sixth floor of the Frank Murphy Hall of Justice. Judge David A. Groner presiding. His courtroom is usually on the 4th floor, but have moved into judge Kenny’s courtroom because of the need for more space. Assistant Prosecutor Athina Siringas and Assistant Prosecutor Robert Spada represent Wayne County. Defense Attorney Michael Alan Schwartz represents former Mayor Kwame Kilpatrick. Promptly at 1pm the former mayor entered the courtroom and sat down. Then decided to get up and leave the courtroom, apparently for a rest room break. Just then Judge David Groner entered the courtroom to start the hearing and the former mayor was gone. We now sit and wait.

 At 1:04pm, Kwame Kilpatrick stepped into the courtroom in a brown pinstripe suit, pink shirt and patterned tie. His attorney Michael Alan Schwartz now pleading. He says the Judge has questions, the mayor answered last time. He believes the Prosecution is advancing material that he has no knowledge of. he also questions whether it’s germain to these proceedings who gave the former mayor loans.

KK: I borrowed money to pay it.

 AS: From Whom

Objection from Schwarts: not relevant, loans are not assets.

Judge: why would it be relevant to bring out that person in court.

AS: Someone is paying for his restitution, he says he does not have the money to pay. Mr. Schwartz hasn’t taken an accounting class, but a loan is an asset. We’re here to find out what that is. We keep seeing money showing up and

 AS: Who did you borrow it from sir?

I paid it back.

AS: Who was it that gave you that loan?

KK: I’m going to take the fifth.

[A groan fills the courtoom] 

 AS: Asks again about paying specific dates 

KK explains: “if I have to pay $3000 that day, and I don’t have it then someone helps me with it and I pay them back… It’s tough making these payments every month.”

  AS wants to use a specific document, the judge and the defense are having trouble finding it and then want time to look it over. There’s a pause in the proceedings.

 The courtroom is nearly filled as it was last time. the courtroom itself is filled with bailiffs, 7 of them, mostly flanking the judge and the courtroom door. People continue moving in and out of the courtroom. there are half a dozen television cameras trained on the former mayor and the attornies. There are at least as many still cameras in the area immediately to the former mayor’s left.

 The hearing continues: Schwartz explains he believes the documents the prosecution wants to work from and created are misleading and the judge agrees. He sustains the objection.

won’t allow it in.

 AS: Inquires about voire dire… pre-trial question… offers to put the officer from her office who created the document. Judge denies the document.

AS: Moves to ask question about the document… won’t admit document… direct you to a specific area on the document. 7th entry down from the top. It indicates Kwame and Carlita checking account. Schwartz objects, saying reading off of a document not in evidence is improper. Judge denies.
AS: You made a payment of $6000, restitution paid?

KK: Yes, that’s what the documsnt says.

AS: Statement beginning balance $22,215

KK: Yes, I see it.

AS: It was a

KK: I disagree with this document. This document is very misleading and wrong. I’ll agree with the opening balance.

AS: moves to another document exhibit #34. Carlita checking account and KK checking account: exhibit #36 another
Carlita checking account and people’s exhibit #37… another Carlita Checking account… offers a document that will only have the last four digits of an account number.

KK: That’s enough!

 1

:56 p.m.

 

Schwartz motions to have documents supressed and ruled out.

Judge denies.

 AS: angrily says the former spent more than $755,000 in one year and is now trying to tell us he can not pay restitution when he is living like a millionaire!

 Schwartz: angrily disarees, says prosecution is Speechifying through the press.

 Assistant Prosecutor Spada jumps up ans says we faxed Mr. Schwartz a subpoena to you that was sent to Kwame and Carlita Kilpatrick for all bank records the we did not get anything: we got nothing!

 Schwartz: I do not represent Carlita Kilpatrick. This is a chance to bash the Kilpatricks

 Judge reminded Schwartz he gives speeches too. Objection is overruled, highly relevant.

Agrees with Mr. Spada, subpoena sent, never responded to. It’s exactly what this hearing is for. Perhaps KK can explain why he only gave some information to this court.

 Proceedings quiet down… Judge says to AS follow the rules, do what you have to do, just follow the rules. 

document went up on television… if it’s under a protective order, why is it going on camera… just show me and the defendant. Please turn off the television.

AS: We will your honor.

 AS: Searching for document… joint account.  They finally get to it. They start reading about account amounts. starting with more than $22,000. In one month there were

KK: What I think is misleading is the transfers in the accounts. I’m saying if I deposited $10,000 account and my wife took a thousand and put it in her account you show it as $16,000 when it’s not. [Math getting hard to follow here!]

 AS: Let’s move to May 13th, I’m going to give you some records.

KK: I would agree that the information is OK as long

 Now there’s an arguement over bank records…

 AS: The document, do you disagree… it would you agree the beginning balance $50,467 in beginning… ending balance of $14,616.

 AS: Now handing KK another document. Ask you to verify these numbers [on the prosecutor's documents previously fought over]. He looks at it… offers to hand it off to video cameras. KK says one of the numbers is wrong.

Schwartz objects.

AS: wants to know if KK objects to the document.

KK: having trouble following the math

Schwartz: since Mr. Kilpatrick did not create the document, offer to have prosecutor’s office document creator go on the stand.

 Kilpatrick steps down. There is a witness coming to the stand. The Judge takes a ten minute break.

Courtroom… which is getting quite warm, is clearning out.

 

2:23 p.m.Hearing continues:

Court back in session;

 On the stand now, Tommy Nafso of the Wayne County Prosecutor’s Office. He is testifying to how he assembled the Kilpatrick bank documents. He is giving very specific information about how numbers were assembled. We can not follow because the documents he is discussing are not public.

 Schwartz objects to the way Siringas is asking quesions; Judge overrules

judge makes it clear the former mayor says the numbers are correct, but the conclusions are not.

Chrysler Announces Turnaround Plan At 6-Hour Event

2:30 p.m.

Here’s the quick rundown on the Ralph Gilles Presentation:

Dodge will get a new logo.  He said “All Dodge vehicles will represent lifestyles, not age groups or price classes.”

The company will also completely repackage vehicles and  overhaul branding marketing. Gilles says Sergio Marchionne drives a Dodge Nitro now.  He says the vehicle missed the mark, and that he wanted it to be sporty and fun to drive… Instead drivers got a boring vehicle. It will be remade to be sportier vehicle.  He will oversee a ”Major Product Intervention- All Models.”

Starting with the Dodge Caliber: it gets a new interior, new color and wheels and repackaged marketing.

The Avenger:  will get an all new interior, new engine, refreshed exterior, repackaging, comfort, convenience performance and fuel economy.

Journey:  will get a new interior, new engine refreshed exterior.

Caravan:  will have a new interior and exterior face lift and new engine. Desire to be come Best in Class again!

Charger:  will have a new dramatic style

Also a new 7 passenger SUV from Dodge, a new C segment sedan for North American Market, all New B segment hat, all new D segment Sedan will be coming in 2012.

As for quality, company admits it’s quality was substandard and even had a problem so bad it could not and would not address quality problems for two and a half months! That is about to change. Company intends to and is in process of entirely revamping quality processes. The intent is to get to world class and Fiat will provide the leadership at Chrysler for this.

Expect to see a lot of Dodge Ram Truck commercials in the immediate future including the World Series. The company intends to roll out Ram as a separate brand [that is part of Dodge]. It also intends to get back into the commercial vehicle market and also is even thinking whether to build 18 wheel trucks.

Breaking for lunch.

12:45 p.m.

The Rotunda is packed! In this room are at least 500 people. More than just journalists from all over the world, it’s populated with local mayors,  city managers, auto analysts, dealers from across the country, and even the Board of Directors along with most of Chrysler’s new management.

CEO Sergio Marchionne entered the room surrounded by dozens of television cameras. He walked around the room with his media mob for about five minutes. He then stood to the side of the stage as New Board Chairman C. Robert Kidder, who said the new Board strongly supports Sergio Marchionne and his team. He admitted the company is facing a “monumental challenge”, needs to change and stated the number one priority is to create a compelling brand and product offering. It is his desire and demand that the company create a high-performance culture. There is no more business as usual and there is an “incredible commitment to change”. He introduced Sergio Marchionne.

Marchionne has a wry sense of humor. He was concerned about the microphones strapped to his pants might find him with his pants around his ankles and warned the crowd about the possibility. He also quoted an Al Gore joke that said he felt like Zsa Zsa Gabor’s fifth husband, who knew what to do but worried about how to make it interesting. He then went into his presentation. He said analysts have gotten Chrysler’s financial situation wrong. He said the company sits on $5.7 Billion in cash, $1.7 Billion more than what the Feds gave. He said the company actually made $200 Million dollars before tax in the third quarer and said the company was at break even in September. He cited substantial cost cutting and has become “exceptionally parcimonious” and downright “cheap” with its spending.

Dancing With the Stars!

 

So this all started a few months ago. I was asked to participate in this charity event for the South Oakland Shelter, by a co-worker of mine from Metro Traffic. Typically, I am all for helping out the community in any way I can, but this time I was slightly reluctant. I wasn’t asked to emcee, or auction anything off, or be a judge for anything — I was asked to DANCE! Not any kind of dance of course, ballroom, dancing with the stars style!

 

Now I do have some dancing background. I grew up in dance studios & was the captain of my high school dance team…but ballroom? Never! So this was a challenge for me. I graciously accepted, crossing my fingers in hopes that I won’t make a fool of myself.

 

November 7th at The Reserve in Birmingham

So then the lessons began. I am currently taking ballroom dance classes at Elegance in Motion Dance Studio in Auburn Hills, a mile north of Great Lakes Crossing mall. Everyone at the studio is so nice and willing to help. By professional partner Tim, has a great routine I am learning… THE SALSA! It has been tough, but each lesson I get the hang of things a little better. And the celebrities on the real Dancing With the Stars aren’t kidding about the work out you get! It’s brutal, but a good brutal. I have only a few more lessons to go — my fingers are still crossed, the dance is SO FAST!

 

 

I also have to give a shout out to another great company… Barres & Blades in Lake Orion! I wouldn’t have been able to do this without their generosity. The store is run by a mother & daughter team: Sharon & Jessica Carnaghi. They two of the nicest people I’ve met, with a true passion for dance. So much passion, that they *donated* a pair of ballroom dance shoes to me ((complete with rhinestone’s of course))! For any dance fanatics out there, this is the place to get everything you need!

 

Address: 694 S. Lapeer Rd. Lake Orion MI, 48362

 

Phone: 1-248-693-8640

 

 

**************************************

A Dazzling Evening Filled With Dancing, Music, Auctions, Food and Drinks!
Metro-Detroit media personalities, politicians, musicians and pro athletes will pair up with professional dancers from area dance studios for a Spectacular Celebrity Dance Competition!

Chuck Gaidica will be the Master of Ceremonies!

Celebrities Performing:
Shellay Cremen from the Biggest Loser
Michael Bouchard, Oakland County Sheriff
Lauren Podell, WDIV – TV
Ken Brown, WJR Radio
and more…..

Wear your dancing shoes… the floor is yours after 9:00 pm!

*Reservations*
Individual (cash bar) – $100 each
Group of 4 persons (open bar) – $600
Make your reservation on-line at www.southoaklandshelter.org
******************************************

Rod Meloni Blogs From Inside Kilpatrick Hearing

 

Entry: 3:06 p.m.

Judge Groner continues questioning Kilpatrick:

Judge: How have you made the payments to the court?
Kilpatrick: Usually with a cashiers check or money order and depending on how late it is I mail it to someone here to take it down.

Judge: Have all the checks all said Kwame M. Kilpatrick?
Kilpatrick: Yes, I believe so.

Judge: Where did you get the money, the cash to pay the restitution, out of what accounts?

Kilpatrick: Several your honor. 30% of my gross income is far more of what I can pay. You’re starting out with $7,000 before the taxes. I have been using money cashing out of accounts, money I’ve borrowed and my income. I’ve had to do a lot of other things to make those payments because I know how important they are.

Judge: There is no paper trail for these payments?
Kilpatrick: Yes, sometimes. You will see months where three or four thousand dollars come out of checks. I don’t know that there is a paper trail as you say, but yes you can say I have been making these payments and probation can see where I make all of these payments.

Judge Groner offers prosecution opportunity to ask questions.
Recess request?

Prosecution makes a motion to admit one document, #38,  regarding accounts of defendant Kwame and Carlita Kilpatrick’s  joint accounts. There are five of them.

The prosecutor taking the stand is Robert Spada.

Battery about to die. Gotta go!
Rod Meloni

Entry: 2:58 p.m.

Kwame takes the stand.

Judge Groner asks questions:
Where he lives,
Who lives there,
Do you have a mortgage or lease?
Kwame says it’s a rental home, and he is not party to it.

Judge: Who is paying rent?

Kilpatrick: Um. I assume my wife is handling the rent.

Judge: Why do you assume that?

Kilpatrick: Because I’m not.

Judge: Never discussed it with her?

Kilpatrick: No.

Judge: Do you know how much the rent is?

Kilpatrick: No.

Judge: Do you have a lease agreement?
Kilpatrick: I don’t have a lease agreement.

Judge: Have you seen the lease agreement?

Kilpatrick: No.

Judge: Do you know how long you’re staying there?
Kilpatrick No.

Judge: Are you fully moved in or live out of a suitcase?
Kilpatrick: I’m fully moved in.

Judge: You don’t forsee living  there in the forseeable future?
Objection by Michael Schwartz:  says questions are irrelevant. Objection noted, overruled.
Schwartz: What is the plan? Objection. Overruled.

Kilpatrick: After the year I put my family through, I’m just trying to stay with them as long as I possibly can.

Judge: Do you work for anyone else besides Compuware/Covisint?

Judge: How much have they paid you this year unless you don’t know?

Objection… overruled.

Kilpatrick: My salary is $10,000 per month.

Judge: Has your wife worked over the past year?
Kilpatrick: I don’t know.

Judge: You paused, is there a reason?

Objection and overruled.

Kilpatrick: This case brought out some personal issues, I’m blessed to be with my wife so now that I am out of that
“that dungeon” I don’t know.

Judge: Is your wife working?

Kilpatrick: No, not for a company.

Judge: Does she have a source of income?
Kilpatrick: No… I don’t know.

Judge: Have any of your children worked this past year?
Kilpatrick: No.

Judge: How many cars do you have in your household?
Kilpatrick: I have a Dodge Ram and a Cadillac Escalade.
Judge: Paid for?
Kilpatrick: Both vehicles are leased.

Judge: How do you pay for them?

Kilpatrick: One lease is prepaid… the other lease came when the Aspen lease ended which I gave the court that information.

Judge: How many credit cards do you have?
Kilpatrick: One.

Judge: Which bank?
Kilpatrick: MasterCard

Judge: Who is on the card?
Kilpatrick: Me and my wife.

Judge: How many checking accounts in your name alone?
Kilpatrick: One. Bank of America. That’s the information you have your honor.

Judge: How many joint checking accounts with your wife?

Kilpatrick: None. After the harassment she dropped me from the account.

Kilpatrick: After the harassment?
Of all of this over the past year she dropped me from the account.

Judge: How many savings accounts in your name?
Kilpatrick: None.

Judge: How many checking accounts does your wife have?
Kilpatrick: No.

Judge: What are your current liabilities?
Kilpatrick: Restitution.

Sidenote: An audience member is ejected from the courtroom for talking.

Kilpatrick continues:  restitution; paid $86,000 and owes $914,000;  Lawyers, several of them I owe $650,000. I have a still outstanding student loan for law school.

Doesn’t know amount.

Has a personal loan of $240,000, not from a bank, but from an individual.

Signed paperwork Feb. 4th 2009, the day after I got out of jail.

Judge: Did you make payments on that loan?
Kilpatrick: The schedule starts in 2010

Judge: From Whom?
Kilpatrick: Several individuals.

Judge: How many?
Kilpatrick: Four. I also have other liabilities.

Judge: Let’s get back to the individuals.

Schwartz: Objection.

Judge: Who are they?
Kilpatrick: Roger Penske, Jim Nicholson, Dan Gilbert and Pete Karmanos.

Entry: 2:52 p.m.

Court is back in session. Attorney Schwartz is now pleading.  He says the mayor’s previous claims are true. They were true in March and true today. Schwartz says the mayor will not testify fearing it would subject him to further charges and therefore will assert his fifth amendment rights against self incrimination. Schwartz called the prosecution’s claims ”spurrious”.  Prosecutor Siringas comes back and says the mayor has committed perjury, and is willing to show records to prove the mayor’s claims are false.

Judge Groner wants to know whether a perjury charge is coming. Siringas, says she doesn’t know, but is putting Kwame Kilpatrick on notice a charge could be coming. The Judge wants to know how the mayor’s team can say the mayor swore truthfully and then decide not to testify fearing perjury?

Judge Groner says this is a civil hearing, not a criminal hearing. He believes the pleadings so far are not germain. He wants to know about known or unknown assets. Judge Groner says he can call him as a witness and Kilpatrick can not refuse to testify.

The mayor’s attorney says the prosecutor’s office will try to use incriminating information from any testimony and therefore does not want the mayor to testify.

Entry: 2:26 p.m.

The question about a further perjury charge stems from a March 24th affidavit sent to the court by Kilpatrick’s attorney Michael Schwartz and signed by the former mayor. It stated expenses and income, claiming that after monthly bills and expenses, the mayor had only $6 left to pay court ordered restitution. The mayor listed a large number of line items including student loan repayments, car payments, food, phone bills, and a cable television. The mayor listed overall income at $10,000 a month and his expenses came out to $9994.00 a month. The Prosecutor’s office believes it can prove that is a falsehood, and constitutes perjury.
The mayor is required to pay One million dollars to the city of Detroit in 5 years. The mayor right now is on a court ordered schedule to pay $6000 a month. Putting pencil to paper on that schedule, it will take the former mayor just under 14 years to pay off his million dollar fine.
So, now we wait yet again to find out whether these charges will move forward and where this hearing is headed

Entry: 2:17p.m.

Judge Groner called a 10 minute recess so the former mayor could consult with his lawyer. The Prosecutor pleading the case up until now is Athina Siringas. She is the lawyer who dropped the bombshell about a possible further perjury charge. One question arises in this situation, a prosecutor can proffer a charge at any time. Why broach it in this fashion in court?

Entry: 2:07p.m.

The courtroom is octagonal. Inch wide wooden strips act as wall cover. Audience benches circle the walls facing the Jjudge’s bench, the jury box to the judge’s immediate right. The courtroom is almost full, and half a dozen bailiffs stand at attention, intently watching the scene, bailiffs standing behind the judge’s bench staring at the former Mayor. The Prosecution takes the podium facing Judge Groner telling the judge there is sufficient evidence to show the former mayor perjured himself yet again!

Judge Groner is back on the bench. This is what is known as a restitution. The prosecution intends to present an unnamed witness. That being the case the Judge Decided he wanted to swear-in the former mayor. The mayor took the oath and then the stand. At that point, the prosecution asked for a side bar in the Judge’s Chambers. The former Mayor turned around as he was heading to the witness stand and then sat down in a chair behind the defense table.

Entry: 2:06p.m.

Judge Groner is back on the bench. This is what is known as a restitution. The prosecution intends to present an unnamed witness. That being the case the Judge Decided he wanted to swear-in the former mayor. The mayor took the oath and then the stand. At that point, the prosecution asked for a side bar in the Judge’s Chambers. The former Mayor turned around as he was heading to the witness stand and then sat down in a chair behind the defense table.

Entry: 2:05 p.m.

Judge Groner is back on the bench, the attornies with him. Hearing proceeding with the agreement any documents containing sensitive information will be “redacted” or covered up. The Judge said we are in Judge Skutt’s courtroom because of the large interest in this case. He thanked Judge Skutt for the use of his courtroom on short notice and asked if the media is comfortable. We are.

The judge left the bench to consult with his staff. We are awaiting his return.

Entry: 1:57 p.m.

Judge David Groner was handed documents just prior to the hearing by the prosecution.  He is deeply concerned about them because there is information he believes could go against a “protective order” he wrote trying to protect bank account numbers and other privileged and sensitive information. The prosecution says much of the information is not against the order and would be willing to cover up any sensitive information the judge is concerned about.

Kwame Kilpatrick’s attorney Michael Alan Schwartz requested a hearing in the Judge’s Chambers to further discuss the issue. The prosecution says everthing is fine, the records are releasable and wants to proceed. The Judge is hedging, still deeply concerned.  Now, the judge wants to see the attornies and the documents in a jury room to discuss how this will move forward. They are now heading into the jury room. The former mayor immediately got up from the defense table and walked into a back hallway to avoid the cameras pointed at him.

Entry: 1: 39 p.m.

The Frank Murphy Hall of Justice in Downtown Detroit is all abuzz, television news cameras all over the place awaiting Kwame Kilpatrick’s arrival.

Inside, the media throng is so large that Judge David Groner decided he needed to move from his cramped courtroom on the third floor to a larger fourth floor courtroom. That forced a massive mobilization of video and technical equipment in a very short time.

Meantime, outside the building about 1 p.m., the former Mayor appeared outside driving inside a white Escalade just behind his attorney Michael Alan Schwartz who drove in a much smaller sedan. They met in the street outside the building, spoke briefly and then walked up the stairs to the front door. Half a dozen cameras converged on them.

Kilpatrick did not answer any questions as he walked into the building he left exactly a year ago today for a jail sentence. Interestingly, as the cameras approached the mayor going in the courthouse door a process server attepted to hand the former Mayor a subpoena in some other legal matter. The server said “this is for you”. Kwame Kilpatrick saw the document being handed to him and circled his arm around as if doing a “swim move” playing football lineman [as he did in college] and pushed the document aside. It landed on the ground. Kilpatrick’s attorney picked it up and then proceeded into court.

Now upstairs in the courtroom, we await the judge’s arrival. The scene is a jury box filled with video and still cameras, 7 video, at least three still and a numver os technical standing behind them with computers. The mayor himself is seated at the defendent’s table wearing a grey business suit and white shirt. His hair is closely cropped as it was when he was mayor and unlike the pictures we have seen of him in the past year with longer har and even longer beard, both are closely cropped for today’s proceedings.

The prosecution has rolled in a cart with a video camera. The word in the building is the prosecutor’s office is preparing a lengthy presentation.

The judge has just taken the bench… he is now addressing the courtroom. 1:39PM

Stay tuned!

Local 4′s Darian Trotter On ‘This Is It’

Alright, so I went to the special advance screening of Michael Jackson’s “This Is It.”I admit, as a true Michael Jackson fan, I was excited to attend the Tuesday night show.

To my surprise so too were more than 600 other fans.

The AMC Southfield theater was packed at 7 p.m.  for the 9:30 p.m.  showing … and I THOUGHT I was early.

Not so … The line had already reached the back door of the theater.

After about an hour plus wait, the crowd was finally ushered inside.

The audience’s energy was electric. Afterall, most were hardcore MJ fans.

Fast forward past the exchange of pleasantries among those seated with anticipation … to the highly anticipated show open … Jackson did not disappoint.

In a word, brilliant!

Being in the broadcast field allows me to become very familiar with production work. However, it was still interesting to watch MJ create the magic that would have dazzled fans. The production stimulated mixed emotions for the seven people who tagged along with me …

Excitement:  seeing a spectacular concert plan take shape. Disappointment: knowing the hard work and creativity would not come to fruition.

Still, this documentary gives its viewers a raw glimpse behind the scenes, one that will no doubt be timeless.

The bonus: I have to be honest by saying I expected a rowdy crowd. I thought it would be hard to enjoy the film, and had planned to see it under more quiet conditions. But the crowd was well behaved. This was a production that had fans young and older riding on Jackson’s every word … grooving to our favorite tunes and simply amazed watching his work ethic and showmanship on the big screen.

I would recommend it to all of Jackson’s fans.

-Darian Trotter-

 

Men VS. Women = Top 5 Distractions!

Local 4 Blog by: Lauren Podell

Lately in the news we’ve talked A LOT about distracted driving,  mainly how texting behind the wheel can be deadly. I mean, when you think about distracted driving — the 1st thing that comes to mind *is* texting. But a brand new survey shows there a lot more things that are distracting drivers… and in fact texting is low on the list!

 

Another topic that men and women will discuss & debate until the end of time is WHO IS THE BETTER DRIVER!? Men always say women are TERRIBLE and women always complain men have no sense of direction! Well I think the results of the survey may help to settle the debate… at LEAST a little.

 

 

 

 

Top 5 distractions for WOMEN:

1. KIDS IN THE CAR
2. PUTTING ON MAKEUP
3. TUNING THE RADIO
4. NAVIGATING YOUR DRIVE
5. AVOIDING BAD WEATHER.

  

Top 5 distractions for MEN:

 

1. ROAD RAGE AND FRUSTRATION
2. EATING OR DRINKING
3. CHECKING OUT OTHER DRIVERS
4. KIDS IN THE CAR

1. TALKING WITH OTHER PASSENGERS

 

 

SOUND OFF:

Where do you rank on the list?  Do you agree… or is there something missing on list?

Email me at lpodell@wdiv.com!