Kwame Kilpatrick sketch during jury selection in Detroit-court

Opening statements in Kilpatrick corruption trial against group

By Karen Hudson Samuels/Tell Us Detroit

DETROIT (Tell Us Det) - Incriminating text messages, sound bites and an undercover videotape were the first elements of “proof” presented by the government to jurors during opening statements Friday in the criminal corruption trial of former Detroit Mayor Kwame Kilpatrick, his father Bernard Kilpatrick, friend Bobby Ferguson and former water chief Victor Mercado.

“Let’s get us some money...it’s my time to get paid.”

These quotes from text messages between Bobby Ferguson and the former mayor were Federal prosecutor Mark Chutkow‘s opening statements to explain the purpose of the government’s case -- that Kwame Kilpatrick, Bobby Ferguson and Bernard Kilpatrick bankrolled hundreds of thousands of dollars in cash from vendors doing business with city for personal use. .

The prosecution stated that misuse of funds by Kilpatrick began during his term in the state legislature when he tapped into a $500,000 non-profit state grant for the arts, senior and run-aways, wiring $100,000 to the wife of a friend – like a “personal ATM” said Chutkow.

The lead attorney for Kwame Kilpatrick, James Thomas called the government's case of racketeering, bribery and frauds charges a "scam." The business of politics said Thomas does not always start out well, "Politics is like making sausage. You know it's not pretty; it's messy. But once it's cooked, it tastes pretty good."

For five hours jurors sat and listened to attorneys deliver stories of their client’s side in the bribery, corruption, extortion and fraud charges committed to leverage city contracts in construction and water sewage projects.

Bobby Ferguson Detroit contractor Ferguson is accused of bid rigging and taking kickbacks. The construction business owner and best friend of Kwame Kilpatrick is alleged to have profited in the millions, from contracts steered to his construction company; intimidating vendors, and taking bribes. .
The federal prosecutor portrayed a man who exploited his unprecedented access to Kilpatrick and the offices of the Mayor and was a partner in a “culture of corruption.”

Ferguson’s defense attorney, Mike Rataj said his client’s friendship with Kwame Kilpatrick is being “criminalized” and that access is not illegal.

Rataj said Ferguson took over his family’s contraction business when his father had a heart attack, and had done business with three different Detroit mayors. The text messages presented by the prosecution said Rataj were snippets taken out of context.

Victor Mercado: The most effective opening statement was made by defense attorney Martin Crandall on behalf his client Victor Mercado, one-time head of Detroit’s Water and Sewage Department, who was recruited to the job by the late Judge Feikens.

Mercado was paid a $240,000 starting salary based on his expertise, prior experience in national and international water projects and not because it was part of the Kilpatrick alleged criminal enterprise said Crandall.

There was no motive for Mercado to enter into a scheme said the defense because he had a contract with the Mayor that included a “golden parachute.” He could quit at any time, no questions asked if felt pressure to steer contracts.

Bernard Kilpatrick: “Consulting services are not illegal” this was the essence of the opening statement by defense attorney Gerald Evelyn. Bernard’s history of working as the Chief of Staff under Wayne County Executive Ed McNamara, meant he formed relationships with many people doing government business said Evelyn. When his son ran for Mayor, the defense said Bernard stepped down from city government and became a consultant advising clients on doing business with the city. It was not, said Evelyn as depicted by the government with Kwame Kilpatrick telling vendors “You do business with my Father and I give you favors”.

Why are opening statements are important? They are first opportunity the prosecution and the defense have to give a jury a “roadmap”, said Judge Nancy Edmunds of what each side with present to make their case. To be clear, Edmunds said opening statement is not evidence and that jurors have to rely on the evidence presented to reach a verdict.

The trial resumes on Monday. Tell Us Detroit will report on this case periodically throughout its run.