Live Blog: Kwame Kilpatrick Trial Day 54 - FOX 35 News Orlando

Blog: Kwame Kilpatrick Trial Day 54

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And another day of testimony concludes.  WE'll have a wrap up on Fox 2 news tonight, and don't forget to catch M.L. Elrick's unique takeaway on

EVelyn asks JOnes if Kimberly Clark quit because of a difference of opinion about money.  Jones says he didn't know that he thought it was because Alvarisi couldn't give them a guaranteed price.

Evelyn asks if he can refresh his memory.  Jones says KC and Alvarisi could not agree on a guaranteed management price so Kimberly Clark stepped away.

Evelyn asks if the asbestos violations were sent in Dec 2003.  Yes.

Evelyn asks to approach the witness.  Hands him a document.  Jones says okay I've looked at it.

EVlyns puts up the document, it's from Ferguson a detailed work plan.  Jones says he doesn't remember seeing it but his project manager probably signed off on it.

EVelyn asks if the letter suggests changes.  Yes.

Jones says this was the way Bobby wanted to do the work. 

Evelyn's reads transformer will be dealt with to assure that no hazardous materials will be released.  Yes.

Evelyn asks if the elevators didn't work because there was no power.  hones says he doesn't remember when the generators were put in place.

The judge cuts off Evelyn and says before we get into a new topic we'll stop for the day.


EVlyn asks about the asbestos violations. ASks if you have to do inspections.  yes.

Jones reads the violations.  Failure to provide notice of demolition, failure to have person trained in removal of asbestos.

Evelyn asks if there is no where in these violations that says people were working without protection.

EVelyn is going to get his hat handed to him on this if special agent Paszkiewicz get back on the stand, she worked for the EPa and is an expert on just how bad these violations are and how dangerous asbestos is.  I got to see her work up close when I worked on the ECorse STeel Mill demolition story.  I'm not an expert either, but what little I learned tells me these violations were serious and are expensive to resolve.

Jones says the violations did eventually get resolved.  EVelyn is now showing Jones draft response to the EPA from his company Jomar.  This is one he hired a law firm to help him put together.  Evelyn says this was done in response to the notice of violation.

So Jones thought these violations were serious enough that he needed to hire a lawyer to help him.

I have to admit to a particular bias here about companies that take short cuts on asbestos violations, this is bad stuff, makes people really sick if not handled properly, and the only reason most companies don't handle it properly is because they don't want to spend the money to do it right.  It's really expensive, and that fact that the DEQ violated Bobby on this in itself tells us just how blatantly callous and cavalier bobby was in exposing his workers to harm.


Evelyn asks if the pay application was already approved when bobby wrote the letter to the mayor.  Jones says no it wasn't that's why he was so upset that Bobby brought the Mayor into it.

EVelyn says but the letter was sent to Turner Construction.  Jones says no, it was faxed to his office, yes it was addressed to Turner but it came to my office.

Jones says he had his staff at Jomar get him the documents so he could understand what the problem was, had a meeting at Turner's office about it.

EVelyn says Bobby never told you he was trying to influence you with this letter.  Jones says Bobby never said anything like that.

Evelyn asks if Jones became construction manager for Book Cadillac.  JOnes says Alvarisi contacted him about becoming a partner.   Jones agrees it was based on a need for local participation.  Says if they partnered with local firms they'd get an advantage.

EVelyn asks if sometimes local companies would be used as pass through's.  Jones says it's prevalent in construction.  Says it works to the detriment of both side of the industry.

EVelyn say but you didn't' want to be a pass through.  I've never been one.  SAys he turned offers down, walked away from income.

Evelyn asks if he had a 60-40 arrangement with Alvarisi.  Yes.

Evelyn asks about guaranteed maximum price.  Jones says this became a source of contention.

Jones says he didn't have a falling out with Alvarisi, it was a concern by the owner.  SAys Kimberly Clark wanted to get project started while negotiations were going on.  Says the break down came because he decided to help Kimberly Clark start the project.

Evelyn asks why he did that.  Jones says it was the City of Detroit, he used to live two block from the book Cadillac, wanted to see the project succeed.  Says Alvarisi was angry he agreed with Kimberly Clark to start the demolition.


EVlyn now asking him about the bond issue and his involvement in managing the projects.

Evelyn asks if ARcher was Mayor when DPSPMT.  Perhaps.

JOnes list all the companies involved in the bond management program.  Judge says you're using a lot of acronyms, doesn't know if the jury can follow.  Thank Judge Edmunds, I was getting lost myself.

 Detroit Public Schools program management team.  BArton MAlo, consort Townsend, Jomar, and others.  And ACLLM LLC.  Sheesh.

EVelyn asks if Bobby was involved in excavation work at a school, was Turner construction the contractor.  Yes.

Jones says he learned about slow downs from executive committee briefings.  SAys the companies met, got updates, found out what was going on.

Jones says he talked to Ferguson first before talking to the project manager.

EVelyn asks several questions about change orders being requests for payment.  Jones corrects him says there are several things change orders do.

EVelyn says but eventually the work got done.  Project finished.  Yes.

EVelyn asks if he saw pictures in Bobby's office of his children.  He presumed they were his kids.

Evelyn asks if he saw pictures of Beatty and the Mayor.

asks if Bobby didn't take things seriously.  JOnes says that's his characterization.

EVelyn asks if he has a copy of the letter Bobby cc' d to the mayor.  No.

EVelyn presses.  JOnes says he knows he got the letter and that's why he went to see bobby.


Judge Edmunds is talking off the record and asking Jurors if they have been bitten by small bugs, mosquito bites except they're not mosquitos.  The jury is laughing.  Judge Edmunds says she wants court services to address that.

Gerald Evelyn is up to cross examine. 

EVelyn asks if Jones started Jomar in the early 90's.  JOnes says 92.

EVelyns asks if it's fair to say he started doing small jobs.  Yes.

Asks if Jones was interviewed by agents the day before he testified to the grand jury.  JOnes says that sound right.

Evelyn asks again if he started out small.  Yes.  you're a small business. Yes.  Black owned business.  Yes.

Asks if his primary clients were the Detroit medical center, Ford Motor, Detroit SChools,  Yes.

EVelyn asks if his business hinged on the success of the Auto Company.  Yes.

JOnes says he didn't pursue much business with the city.

EVelyn hands him a document.  Asks him to read it to himself.

June 29th 2010 did you tell agents you didn't really pursue city work but did do a small job for the City.

Asks if he did site work for LeFarge.  Jones says he did the relocation cement plant from the east side to the west side.

Asks if a former worker named Miles went to work for DEDC.  I think Evelyn is talking about the Detroit EConomic Development Corporation but I didn't really hear the initials.


Court is back in session.  Odell Jones is still on the stand.


and we're on a break for 5 minutes.


text from bobby  odell hones cal your momma lol

Kwame:I know and my sister

Bobby: I thought it was funny should have followed my first mind I know he wasn't shit


JOnes says he was not aware of this text message.  Says he did reach out to the congresswoman.

Thomas is objecting because the identification codes on the messages have been reversed.  Judge says let's stop the argument and go on.

and take 5 minutes.


Doeh asks what Jones did after the Book.  JOnes says not much.  He had a conversation with Christine Beatty and told he was having problems getting work with the city.  Says she told him to resolve his issues with Bobby.

Says he also talked to Miller.  Was also told to overcome issues with Bobby.  SAys Miller told him it was something he  had to resolve with Bobby.

Jones says he was seeking work with the Detroit Building Authority, economic development corporation.  JOnes says he didn't have an issue with Bobby.

Doeh asks if he eventually talked to Bobby.  Jones says whatever the issue was he was trying to get past it.  Says his last discussion was in his office, says he told Bobby whatever issues there were he wanted to get past it.  SAys Bobby received the offer favorably. 

Jones says he also talker to Kwame at the Manoogian.  Says Kwame told him, the gist of it was the Mayor didn't have an issue with him, recognized him as a supporter.  Jones says he contributed to the election campaign.  Sponsored the renovation of the kids nursery in the mansion, and gave money to Ayanna's foundation.

Doeh asks how did you sponsor it.  Wrote a check for $10 thousand.

Jones says he told the Mayor he did' have a problem with Bobby, didn't do anything contrary to what they wanted to accomplish.  Says Kwame was respectfully and nodded his head.  Hones says he left thinking if the problem was going to be solved it would be solved then or he should give up.


Doeh  asks if he was concerned by  the asbestos violations.  Yes.

Were they serious violations.  Evelyn objects.

Doeh asks in you mind were they serious.  Yes.  Another side bar.

Doeh is back and  entering exhibits.  Asks JOnes about DBB-2.  That's the exhibit number.  IT's from the Department of Environmental Quality, DEQ,  from Mr. Deria to Jomar.  It's a letter of violation.

Judge asks do we really have to read the whole thing.

Doeh asks Jones to read the first sentence, says the site was investigated.  Jones agrees there were 7 violations, says he went to the site but doesn't remember Bobby being there.

Says his people were there standing outside.  Doeh asks if Bobby came to site.  No, they met in Jones car sitting in the parking lot outside Hone's office.  Says Bobby expressed a lack of concern, called him a punk and a puppet for the white man.  Jones says his response...

EVelyn objects.  Judge says this was not the testimony she expected but over rules for the moment=.

JOnes says Bobby told him he'd just have the Mayor call the governor. JOnes says a call to the Mayor is not going to resolve the violations.

(Who knows, maybe we should look into that, eh?)

Ones says first, you have to have personal protection gear to be in the building.  Workers didn't have it.  Says Bobby didn't care.  JOnes says they needed respirators and suits that could be shed so the asbestos wouldn't be dragged outside.  MIOSHA rules not followed.


Doeh asks about Book Cadillac.  Jones says he was involve as construction manager along with Alvarisi.  Jomar-Alvarisi was the joint venture that worked under Kimberly Clark.  Jones says Bobby bid on a demolition package for the project.

Jones says Bobby may have been capable of doing the work but didn't have a lot of experience doing similar work.  Not as good as other companies.

Doeh asks if it was specialized work.  Jones says you didn't want to demolish any more than necessary because they were restoring the building.

Doeh asks if Jomar had to be bonded.  JOnes says his bonding commitment was for 40 million.  Jones says being bonded meant Jomar was liable for up to 40 million in risk on the project.

Doeh asks if he had a problem with Alvarisi, says alvarisi refused to guarantee the guaranteed maximum price Kimberly Clark wanted.

Jones says Kimberly Clark was concerned because of the SuperBowl deadline. Jones says the funding for the project was coming from the city and  Kimberly Clark pulled the selected demolition out of the guaranteed price so they could get started.  Jones says the goal was to get the project started.

Doeh asks if the DEQ was out at the site.  Inspectors at the Book and violations were being written.  Jones says Bobby's workers were doing the demolition.  JOnes says the violations related to asbestos. 

A juror asks a question.  JOnes says asbestos containing material.

Thomas asks if they could approach.  Sidebar.

Jones says when he met with Bobby at The FEI office Bobby seemed busy and came in and out of the meeting several times.  Says as he sat waiting he saw pictures of Bobby's family and Mayor Kilpatrick's family on Bobby's desk.

Doeh is asking about what Jones knew about the relationship between Bobby and Kwame.  The defense is objecting, foundation.

Doeh rephrases.  Jones says he knew they were friends.

Jones says on more than one occasion there were problems on the site he finally reached out to Bobby.  Says he wanted to make him aware of the fact he was seeking his input on the issue but needed to get the problem solved.

JOnes says after he told Bobby he'd deal with the issue Bobby sent him a fax that was CC'd to the Mayor.

Jones says this upset him, took the letter and drove to his office.  Says he already told Bobby he would intervene in the problem.  Says he was around for 20 years since Mayor YOung was in office and this was unnecessary.  Jones says he told Bobby that behavior was inappropriate.  Says Bobby didn't like his comments. That Bobby inferred he was over reacting and making a big deal out of it.

Jones said this was unfamiliar exposure, that it was not usual for a Mayor to get involved in construction disputes.


Judge Edmunds calls for the next witness.  Prosecution calls Odell Jones.

Judge Edmunds swears him in.   Prosecutor Doeh is doing the questioning.

Doeh asks about a company called Jomar.  Jones says it's an industrial construction company.  Says it was his company, he was sole owner, and at one time had more than 30 employees, did 10-11 million in revenue a year. Says Jomar peak was in 2002 or 2003.  Says he knew Bobby through the AFrican American association of businesses and contractors.

Doeh asks if he got involved with the Detroit PUblic Schools program management team.  Says it was to manage the bond program.

Jones says they managed the design, construction, administration of the program, both build schools and some tear down.

Jones says he got involved with Bobby through that  Taft-SChultz school project.  Jones says Bobby was a subcontractor, did earth work, excavation, balancing the earth work on the site.

Doeh asks if he visited the site.  Jones says he became aware of a schedule problem, things were not getting done.  Says specifically it was the earth work and Bobby was responsible.  Says there was a dispute over money payment with the construction manager, Turner Construction.

JOnes says he met with Bobby during periods work was being performed.  PRior to the Book Cadillac project.  2001 or so.  Jones says he met with Bobby in his office.

SAys Ferguson told him Bobby was not very forth coming, that Jones advised Bobby he was going to get to the bottom of it.

Jones says he just knew there was a problem just knew it was regarding over pricing of a change order by Bobby.

Doeh asks if he looked into it.  I did.  Jones says he concluded the price for the work was too high.  Says he explained to Bobby what he thought the problem was and would seek to resolve the dispute.  Says the bottom line was Bobby told him well you go on there strong black man.

Jones says he thought Bobby was just being silly.  Didn't laugh says it wasn't funny to him.


"All rise" court is in session.


And we're on break.


Rataj says the dates are inconsistent.  Rozycki says he knows when the work was done.

Rataj says documents are inaccurate all the time.  That's why I check them all.

Rataj asks if he now admits there was work done upstream and downstream.  Rozycki says yes.

RAtaj asks you can't remember exactly what happened in 2004.  Rozycki say he has a lot of pictures. 

Rataj asks what were you wearing.  Blue jeans.

CAn you remember what you had for breakfast.  Didn't have breakfast, didn't eat for 24 hours.

Rataj says let's get serious, you can't remember every little detail on a day to day basis.  You can't remember every time Ferguson was there.  Rozycki says I can tell you he wasn't on site before.... Rataj says that's not my question.  Judge Edmunds says he's answering the question.

Rataj says but you can't tell the jury you can remember where Bobby's crews were every minute of every day.  No.

Rataj rabbles a bit more then says nothing further.  PRobably going back to the defense table to nurse his Bloody nose (figuratively speaking)

Blackwell asks if Rozycki reviewed photos of the site work.  RAtaj objects.  Judge sustains.  Judge Edmunds relents.  Rozycki says he did review the photos, didn't see deny evidence that bobby was there before 9/14.

Rozycki says there's no doubt in his mind that bobby was not on the site before 9/14.

Judge Edmunds excuses Rozycki.  A great witness, didn't take any guff from Rataj, and Rataj really gave it to him.


Rataj asks if Rozycki is an expert document examiner.  He says not but... Rataj interrupts.

Rataj asks if he knows who made the defense document. 
Rozycki  says I suspect... Rataj interrupts, says do you no. 
Rozycki  says no.

Rataj asks if the sinkhole was a big project.  yes.

Rataj asks if there was also work to be done away from the sinkhole. upstream and downstream. 
Rozycki says no.
Rataj says all the work was right at the hole.
Rozycki  says on either end of the hole.

Rataj shows the week-1 line from the invoice dated 9/30/04.  Asks if Ferguson was out on 9/14.
Rozycki says correct.

Now up on the screen the next invoice and it's dated one day later and says week 4.  it doesn't make sense. 
Rozycki  says it does make sense.  Bobby was late submitted his invoice.

Rataj is really earning his pay here.  Getting pounded like a nail, but earning his keep.


Blackwell puts up field record for next day, 4853.  9-15-04 was date work was performed.  Rozycki says sewer work was being performed, it was signed by Ken Reynolds one of Bobby's supervisors.

Blackwell puts up another invoice from Ferguson.  Rozycki says inland got this one on 10-01-04 from Ferguson.

Involve 2416-4 10_01_04  for work from 9-22,  it's week 4.

Blackwell runs through daily field records. from 9/22/04 is date work was done.  install pipe and fittings.  signed on 9/22/04.

9/23/04  install gig valves.

9/24/04  all these are signed by Ken Reynolds.

Blackwell now asks what was being done on Sept 23 2004.Rozycki explains what the work was.  Says the gig valves were being installed.

Blackwell now shows him the defense document shown to him by Paszkiewicz.  Says it does not look like a document received by Inland.  Says stuff is missing.

Rozycki  says there's no job number, no date work was performed, he doesn't know what date it was for.

Blackwell asks if  he compared the document.  Yes I have.  puts up both documents.

Rozycki says everything is exactly the same as far as employees, hours and equipment is the same, description of the work.  everything is the same.

8/23/04 is date defense document was signed but date at top is blank.  Rozycki  says there's no ticket number on the defense document.

Rozycki  says it wouldn't have been possible to do this work on Aug 23rd because they didn't even have the trench dug yet.  Didn't have contract aware.  Says this work was actually done later.

Rozycki says Bobby did the work on 9/23/04 and the defense exhibit claims 8/23/04.


prosecution bring to the stand Walter Rozycki senior project manage with inland.  Says he was on the sinkhole site every day after it collapsed on Aug 24 of 2004.

Says FErguson crew first reported to site on Sept 14th.  Bobby's first day was the same.

R says Bobby did not show up before.  Says he was on site every day, has records to show who was on site.

Says a daily field record shows the employees on site and equipment used, it's to keep track of activities and they match them with invoices when they come in.

Rozycki says they use the filed records to make sure the invoices are correct and nobody gets paid if they don't.

Jennifer Blackwell is doing the questioning.

Rozycki says as you continue to do the job the tracking numbers assure there's no duplication.  Says he recently reviewed the invoices submitted by Ferguson, says they were kept at the Jackie Rate Law offices.

Blackwell puts up the FEI document.  Rozycki says this here is an invoice from FEI, 2416-1  from 9-14-04 thru 9-18-04.

Rozycki's is crusty but affable, matter of fact, with a gravely voice.  A guy who I'd think would be a hard driving site manager but a great guy to have a beer with after work.

Rozycki says the ticket dates indicate the day the work was being done.

Rozycki describes the daily field report from 9/14/04 when Bobby first went to the sinkhole site.  9-14-04 is on the daily field record and Bobby And Brown are on the field record, verifying the scope of work.  Rozycki says they were there to go over the duties they were to perform.  He met with them.  Says they were not there before that.


bobby's attorney Mike Rataj is up to cross examine.  asks if Paszkiewicz if she's a document expert.  No.

Paszkiewicz says she doesn't have any evidence that the defense document was ever presented for payment.

Rataj asks if the sinkhole collapsed on 8/22/04. Yes.

ASks if D'Agostini was called to the seen.  Paszkiewicz says yes he was called first.

Rataj asks if D'Agostini called Ferguson in.  Chutkow objects.  Rataj REphrases.  You weren't on the seen.  nope.

You would agree with me that work was done upstream and downstream.  Nope.

Chutkow has redirect.  Asks if Paszkiewicz agreed that defense document was never submitted for payment.  No.

Paszkiewicz says the documents she found were submitted for payment but the defense exhibit was not. 

And the tale of the shady document is brought out into the light.


Chutkow asks if she Found the ticket number in INland's records that she found on the field record.  Yes.

Paszkiewicz now explains they're looking at an invoice submitted by Ferguson to Inland.  date Sept 30.  re 15 mile and Hayes sewer.  This is the sinkhole.

Paszkiewicz says this invoice was the first record ands she didn't find any more Inland records from before this date.

Chutkow asks about the fax header.  it's dated Oct 1 2004 from Ferguson, and also has Sept 1 30 2004 under the first date.

Paszkiewicz says the daily field record that goes with the invoice also has the same fax headers.  The field date is sep 14.  Paszkiewicz says she didn't find any other records dating before this invoice.  The equipment record shows the excavation equipment moved to the site.  Bobby Ferguson and George brown are the employees listed on the daily field record and the scope of duties that day was to verify the scope of work.

Chutkow puts up the field record, 4862. Chutkow now showing DWSD's daily record of events.  Paszkiewicz says FEI mobilized excavator on Sept 1 2004.  Chutkow matches the mobilization record to the field record.  both show equipment being moved to the job site.

Paszkiewicz says after the document in question was introduced she took a copy to Inland Waters, reviewed invoices Inland had, and went through boxes with the Inland Attorney, pulled out invoices and reviewed them.

Paszkiewicz says she found an invoice from Ferguson dated Oct 1 2004 in the Inland files.

Chutkow hands her a laser pointer.  Paszkiewicz says it was faxed to Inland on Oct 1st 2004.  The Invoice date is Oct 1 2004, she reads the job number and ticket number.

Chutkow puts up the defense exhibit and shows where the ticket number is supposed to be.

the ticket dates are 9/22/2004-9/25/2004 and it was faxed on Oct. 1.

Chutkow asks were there more documents in the file. Paszkiewicz says they were daily field records.  Looking at ticket number 4861, 4864.

Paszkiewicz now tells about the daily field record, 4864, says it has the same series of fax headers as the invoice.  It's the daily field record introduced by the defense that the prosecution has questions about.

Paszkiewicz says the ticket number is 4864 and 9/23/2004 is the date work was performed, she says it's similar to the defense exhibit.  Says there's no date on the defense exhibit.

Says the date on the defense exhibit is from Aug. and the document she found shows it's from Sept.

So the documents are different.

A juror asks a question.  Couldn't hear the question but the Judge says I think they're going to do that eventually.

Chutkow asks Paszkiewicz what it say under remarks.  Install gate valves.

On the defense document says the same thing.


Court is in session and Judge Nancy Edmunds has taken her seat.  Agent Paszkiewicz is waiting at the front of the room by the witness box.  Looks like we'll be hearing more on that shady document.

Judge Edmunds reminds the court we'll be ending early on Friday for a personal matter not related to the case.

Judge Edmunds reminds Paszkiewicz she's still under oath.


The picture is up and the defendants are in the court room.  We're waiting for Judge Nancy Edmunds to take the bench.

And it will be a minute or two because the attorneys have just been called to chambers.


Good Morning from the packed Theodore J. Levin Court House.  I'm looking forward to seeing what the government does this morning with that shady document they talked about at the end of the day yesterday.

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

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