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Live Blog: Kwame Kilpatrick Trial Day 23

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DETROIT (myFOXDetroit.com) -

EVelyn has put up several documents and Hardiman has repeatedly said he didn't have anything to do with the proposals.  Even the document with his son's name on it.  Hardiman says yes that's his son, but he has no knowledge of the document.

And the judge calls a halt to the proceedings.  The Judge takes care of a few scheduling matters and now Susan VAn Dusen is asking the judge some questions.  CAn't really hear because she's no near the microphone.

The jury is gone, the attorneys are packing up and I'm gonna pack up too. M.L. Elrick will have a complete summary tonight on Fox 2 News at 5 and make sure you check out his Daily Takeaway tonight on MyFoxDetroit.com

12:44

Evelyn now asking about a change order for an 18 inch main.  Hardiman says that what the document says.  Evelyn asks if Ferguson did four streets and A&H did three, if Ferguson helped his company out.  Hardiman says he had a relationship that allowed them to work together, that they had similar attributes as black contractors in the city of Detroit.  Hardiman says he's answered all that so what do you want me to talk about now.

Evelyn asks if Bobby was someone he trusted.  Hardiman says he knew Bobby could do certain types of work.  That he could rely on Bobby to come to help when needed. But he never said he trusted him.

12:39

Back in session.  Evelyn now introducing more Document related to payment applications.  EVelyn asking about dates and numbers on document.  Hardiman says "that's that the document says."

Hardiman says he never testified that Ferguson didn't do work, that he agrees that Ferguson had way more experience than A&H.

Hardiman says lakeshore handled the pay requests and if you continually show me pay outs I' going to continually say the same thing.

12:33

EVelyn now showing an Application of payment document.  2007, for original amount of $578,000.  Hardiman says he assumes because Lakeshore was handling payout he may not know specifics.

Evelyn asks about a line item for an 8 inch main installation for $418,000. 

Thomas interrupts and asks for a break.  Thomas and Evelyn were chatting in the court room earlier, I wonder if Thomas was keeping an eye  on his watch to make sure Evelyn didn't stand at the podium for too long.

Back in five.

12:17

Evelyn now showing another field record, that's really hard to read, Judge say can you just point to it?  Evelyn says he's trying to get it to show up.  ASks if it's homer street and from Ferguson.  Hardiman say that's correct.

Evelyn asks about signatures.  Hardiman says Keith Phillips actually works for Lakeshore as was there to monitor what was going on.  Hardiman says now he remembers who these folks were and apologized for making an error.

Hardiman says he's not questioning anything that happed just that he has no recollection of the specifics.  Says Rufus Jackson was actually a Lakeshore employee.

So EVelyn's question about not knowing his own employees was kind of goes by the wayside.  Hardiman says he was mistaken when he didn't realize right away that these were not even his employees but put in place by Lakeshore to monitor what was going on.

12:11

Evelyn asks if Bobby just miraculously showed up.  Hardiman, sounding exasperated, says again that he doesn't remember telling anyone to call Bobby.

12:10

Hardiman says this is a document that comes straight from MR. Ferguson so he can read the document if that's what he wants him to do.

Evelyn asks if he recalls a 16 inch main.  Hardiman says he remembers Bobby helping out, that his guys may have come over or Bobby had may have come over.

Hardiman says he doesn't recall calling Bobby to come help out.  Says he thought Bobby heard about what was going on and just came over.

12:07

Looking at another field report now.  This one is from Phillips street.  Hardiman says this one is made out to Lakeshore but it should have been made out to A&H so again, you can't say the document accurately reflects what was going on when Bobby Ferguson is involved.

Evelyn asks if one of the people on the list went to work for Lakeshore.  Hardiman says he thinks so.

12:05

Evelyn asks if he knows how many feet of pipe were installed or what the payout was.  Hardiman says he's doesn't know the payout, he just went out when there was a problem but it was long enough ago that he can's say if the field report was from that street or not.

12:02

Evelyn asks if the document show the employees who were working on the job.  Hardiman says not necessarily, these are the individuals who supposed to be working on the job but it may not be accurate.

Hardiman says a person can submit anything, it will be approved or not, and doesn't mean that's the number of people on the job.  He'd have to look at the actual payout documents to see what really happened.

Evelyn wants to know if he knows the guy who signed the field report. Hardiman says the guy worked for him, Rufus Jackson, can't remember exactly what he did.

Hardiman says he doesn't know exactly where the issue occurred, he's not sure.  THey were all working of a bunch of streets at the time.

11:57

Evelyn asks if he called Mr. Ferguson, Hardiman says he didn't call, did his son call, talk to my son.

EVelyn claims A&H installed the main improperly installed.  Hardiman says he remembers the pipe shifted but he doesn't think the pipe was improperly installed.  Hardiman says Bobby volunteered his guys.

EVelyn asks if A&H employees couldn't fix the problem and telling his son to call Bobby.  Hardiman says he doesn't remember telling his son to do that.

Evelyn asks if Ferguson was involved more from that point on because A&H needed help doing the work. 

11:52

Evelyn asks if A&H was a prime or sub contractor.  Hardiman says it was always a sub.

Evelyn asks his partner Mike Rataj for another document, introduces a daily field record from Ferguson Enterprises.

Evelyn asks if Hardiman's son works for A&H.  Hardiman says he's a VP and did work in the field.

Hardiman say he hasn't seen this document before.

Evelyn asks if it shows the people who work.  Yes

Type of work performed.  installing 8 inch mains.  Yes.

Evelyn asks if he know who A. RAyford is.  Hardiman says this is a field report from Ferguson that he and Bobby got into a dispute about and that Avinash let A&H supervise Bobby's company.

SAys Bobby's company decided to come over and assist.  Hardiman says he has a clear memory of this.

Evelyn asks if he remembers that his son told federal investigators that the main was improperly installed by A&H and Bobby had to send people over to help with the emergency.

11:44

Evelyn now asking about the document listing the payments to the company and the total payout.  15,000,000.  Hardiman says that's what the document says.

Evelyn asks if there were change orders.  Hardiman says yes.   ASks if this new document refreshes his recollection about the change orders.  Hardiman says no.  He didn't deal with the particulars but doesn't know what the amount was.  Says he doesn't know. 

Hardiman started to get into with Evelyn about discussing change orders.  Hardiman says he may have discussed specific change orders but he was a consultant so he wasn't focused on what Lakeshore was making.  Doesn't remember specifics.

He pretty much just shut Evelyn down.

11:39

Back from the sidebar.  Evelyn asks if when Hardiman was a VP he got a share of the profits.  Hardiman says they all got salaries and a profit sharing check at the end of the year.

Evelyn wants to know how important it was.  Hardiman says he was pretty happy with the Salary he got.  Hardiman says each one of the partners actually got money to pay his taxes but didn't get any additional compensation.

Evelyn asks if he made it a habit to know what he made on each job. Hardiman vehemently says NO.

Evelyn asks what about the 2 contracts that got pulled.  Hardiman the company profits in his head and says that's what the company lost.

11:35

Kwame looks bored.  He's sitting slumped over to his right propping his hand on his face.  Bobby on the other hand is upright, alert, and straining to hear what's going on.

11:32

Evelyn showing a new document showing dates and dollar figures.  Hardiman says he can read the document but he has no recollection of the payments that went to D'Allisandro.  Hardiman says according to the document there were payments to D'Allisandro but he doesn't handle this type of document.

Evelyn asks if he held the title VP at the time.  Hardiman says do you want me to explain why.  Evelyn says I just need to know if it's true.  Hardiman say okay.  It's pretty interesting that Hardiman was getting 50 G's a year for holding a meaningless title and Evelyn has been avoiding the "why" all morning long. 

Sidebar.

11:27

Evelyn asks if Hardiman if there was a verbal agreement with Ferguson to do some of this work.  Hardiman says he didn't make the agreement he was just aware that there was a verbal agreement.

Now looking at an email from DCG protesting the work stoppage order.  Claims their contract says they get to ALL the work.  Hardiman replies again, "that's what the document says."

11:25

Now looking at an email Lakeshore sent to DCG managers telling them to finish the work they started but not to start any more sites.  Hardiman says Evelyn is getting into bid proposal contracts that he doesn't know about.  Hardiman says he'd be happy to answer questions he has knowledge about but all he can do is answer "I don't know" when asked about the bid.

Evelyn asks if this email says "don't start any more sites."  Hardiman replies, "that's what it says."

11:21

Evelyn now asking if Hardiman approved accepting the loan of the employees.  Hardiman says no, he didn't do it.  Rachmale ( Avanish Rachmale, Lakeshore CEO) had his permission, he didn't have to ask, he would have been able to do it independently.

Evelyn asks again.  Hardiman says they're friends, ex business partners, and Rahmalle was free to do that.  He was free to put those names down.

11:17

Evelyn asks if according to this statement a Ferguson employee worked on the project.  Hardiman says according to this document, yes. 

Evelyn asks if ERdman also worked on project and asks Hardiman to read Erdman's qualifications again.  Asks if Erdman worked on project.  Chutkow objects.  Judge says it's inappropriate questioning because Hardiman says he wasn't part of putting the bids together.  Judge says Hardiman already testified he doesn't remember these guys and he's not disputing the documents.

Judge says she's not going to allow him to ask another witness the same questions after wasting an hour and a half with this witness on a line of questioning he's not familiar with.  BAsicly she's saying wait and ask the guy coming up who did prepare the bids.

11:10

Evelyn now asking about resume of Deria included in Lakeshore proposal.  ASks Hardiman to read from document.  Judge admonishes Evelyn saying that was read before the break.

Evelyn says he'll try to speed things up.  ASks if Ferguson got out of contract, if DCG did the work that FErguson would have done.  Hardiman says what Ferguson was going to do he agreed to let DCG do.

Evelyn asks if there was an agreement to give Bobby an equal part of the profits because Bobby wasn't around to collect on the change orders.  Hardiman says all he did was bring the parties together and didn't have anything to do with the contract after that.

Evelyn asks if Deria was still part of the project.  Hardiman says he didn't say Deria was a part of the project that his name was on the proposal and he didn't put the proposal together.

11:06

Evelyn grilling him on what Lakeshore was paying him to be VP.  Hardiman says he can't remember exactly, might have been $50,000 a year.  Doesn't really remember, says if he had documents he could be more exact.

Evelyn is a tiny bit incredulous that Hardiman can't remember what he got paid.

11:03

The judge is now asking the jury if they can see and hear adequately.  The judge is telling the attorney's to stay at the podium, where the microphone is, so they can get adequate sound.

Evelyn now asking about a 2006 contract, submitted by Lakeshore.  Hardiman says he says he thinks it was 2006 when he sold his stock in Lakeshore.  Hardiman says he was not an employee just the VP.  Hardiman says AVinash and he were friends but he started his own firm.  The relationship continues.

Evelyn wants to know about his employment situation compensation package.  Hardiman says he probably got a small consulting fee, he doesn't remember.

EVelyn asks if most of the income to A&H was from Lakeshore.  Hardiman says no, he worked mostly for the Federal Government.

10:58

Court is back in session.  Chutkow is asking to put on the record that all parties agreed to the earlier instructions given to the jurors.  The judge is now saying she likes the new layout of the court room because she can see the witness now.  Bullotta says it's  harder for him to see the witness and may be harder for the jury to see the witness.

10:55

Still on break.  It's interesting how lately, it's been the politicians in the state that have been keeping the news guys and gals busy.  Last night M.L. had a story about the newly minted lawmaker from the first State House District.  Brian Banks claims to be a reformed felon who now wants to "give back" to society.  Well, he's giving a lot of work to lawyers who are suing on behalf of clients owed money for things like back rent, payment for campaign signs, stuff like that.  While we were hanging around trying to talk to the soon to be State Rep. the Repo man showed up.  Makes you wonder how good a lawmaker he'll be when it comes to dealing with the state budget.  If you missed the story last night at 10pm you can catch it on MyFoxDetroit.com.

10:35

Evelyn asks is Deria (Not Derta, read off the screen) was put on bid to help Lakeshore win contract.  REading guy's qualifications.  Hardiman now reading that Deria was a Forman on lots of big projects, Comerica park, Ford Field, etc.

Evelyn asks if the folks deciding the proposal would take that into consideration.

Judge interrupts and say we'll break for twenty minutes.

Evelyn has made a case that Hardiman got help  from Bobby getting bids put together but Hardiman keeps saying he didn't do the detail work, Lakeshore put the bids together.  Gives you an idea of how much a CEO doesn't know about his company.  I'm not sure what impact this will have on the jury.  Hardiman has made it pretty clear that he included Bobby solely because he didn't want to win any more contracts just to have them pulled from him.

10:30

Now asking about a guy name Derta on the same proposal.  Hardiman says he remembers the guy.  Says it may have been sharing employees.  Hardiman says he didn't hire him to work for A&H says the HR department would do the hiring and he may not have known everyone on every project.

10:28

Evelyn asking about reference to FEI, Bobby's company, and if the proposal listed ERdman's qualifications from working for Bobby.  Hardiman says yeah, that's what the document says.

Hardiman now reading more from the document about the extensive activity Erdman was involved in and asks if that was done to help them win the Bid.  Hardiman say right.

10:25

Evelyn now reading  Erdman's qualifications.  Hardiman says that's what the document says.  Hardiman says he doesn't remember meeting Erdman.  Erdman would be a supervisor, worked at Comerica park,  Detroit Edison Subdivisions,  worked on projects I-94, Lodge freeway, other numerous projects.  Evelyn asks if it's a pretty good resume.  Hardiman says it's impressive.

Hardiman says he's not aware of anyone else at A&H had qualifications close to this.

Says they probably didn't have anyone like Erdman on staff.  Hardiman says it could have been a loan from Ferguson and it looks like he worked for A&H previously.  Says it boosted A&H profile.

10:00

Evelyn asks if he knows Fred Erdman.  Hardiman says no.  Evelyn asks if he knows how ERdman got on proposal.  Hardiman says even though Erdman worked for Bobby he doesn't know how Erdman got on a Lakeshore proposal.  Evelyn asks if Bobby was loaned an employee.  Chutkow objects, Judge sustains.

Hardiman says it's a strong possibility that Erdman was loaned to Lakeshore.

Evelyn asks if he needed assistance because they were just getting into water main work.  Asks if ERdman was loaned so they could win contract.  Hardiman says he let Avinash do the bid proposals.  He didn't get into details.

Evelyn asks if he was a vice president so shouldn't he know about the proposals.  Hardiman says, slightly exasperated, that he has already explained that at this time he was a VP in name only and had no one reporting to him.

10:13

this is a page for a bid proposal outlining the qualifications of contractors.  The first page lists key people in project.  Hardiman says he doesn't deal with putting the proposals together, just the development aspect.

Hardiman says during all the proposals there are conversations with Bobby but he doesn't deal with doing the proposals.

Evelyn asks if he helps navigate the proposal process.  Hardiman say they have meetings but he doesn't put the proposals together.  Hardiman says he's not familiar with the details of the proposals.

10:09

Evelyn asking about another contract now. For East and WEst water main projects.  Looking for document designation.

10:08

Hardiman says he's not disputing it, he just doesn't remember.  Judge is asking Evelyn to move along.

Hardiman says he's always concerned about anything that effects Lakeshore unfairly.  Says it looks like anther company was doing something to affect the price.  Evelyn keeps asking if Hardiman asked Bobby to find out if they were going to lose the bid.  Hardiman says he can't remember.

10:05

Hardiman those emails were from 7 years ago and these messages are from Blake and he doesn't remember what messages he left for Bobby. Says it may have been concern about a company with a higher bid getting the contract.

Evelyn asks if Hardiman told Bobby to look into it.  Hardiman says sure he could have but he doesn't remember.  Reiterates again that this is a text message from someone else asking Bobby to call Hardiman.

10:02

Evelyn asks if Hardiman remembers having conversations, conference calls, and sending his son to get information.  Hardiman says they had a lot of conversations but he didn't handle the back end stuff, just the relationship between Bobby and the other contractors.

asking about an email reminding Bobby about a conference call.  asks if this was connected to the contract.  Hardiman say yes it could have been a discussion about materials for the proposal.

Now looking at a text message to Bobby.  Hardiman says he doesn't remember meeting Eugenia Blake who the message is from.  The message is a reminder to call Gary D'Allisandro.  Hardiman says he doesn't remember what the call would have been about.

Looking at another message now saying, "new issues have arise."  Hardiman say the message is from Blake so he's not sure what it was about.  SAys  he doesn't recall leaving a message to that effect.  Says he can't be specific.

9:55

Hardiman says he's not disputing anything regarding text messages about putting the proposal together. 

Evelyn now asking about request for conference call between Hardiman, Ferguson, and D'Allisandro.  Hardiman says those were the key individuals that discussed the contract.

And the judge asks Evelyn to move back to the podium so we can hear, yeah.

9:52

Evelyn is reading email that says Hardiman called.  Hardiman says it's probably referring to he and Bobby being on the same page.  Says if that occurred it's because they had a prior discussion.  Hardiman says he doesn't remember it but since he's looking at the email he probably did have a discussion with bobby.  they're talking about Bobby's 36 percent cut of the water main contract Lakeshore and D'Allisandro won.

9:47

Evelyn is reading the emails, which we can't hear.  Hardiman says that's what the email says.  Lots of "I can't remembers."  Avinash hired him.  His son John talks to Avinash when he's angry with Dad.

9:45

This is an email chain between Bobby and ... Evelyn is standing away from the microphone so we can't hear what he's saying.  The emails refer to a conversation he had with Angelo D'Allisandro.  Hardiman says he can't speak to that because it's a meeting Angleo and Bobby had.

9:41

Hardiman says on the contract finally won by lakeshore the profits would be split 3 ways, about $333,000 for each company.

Evelyn asks if Ferguson provided information for the contract bid.  Hardiman says yes.

Evelyn now looking for a document.

9:39

Hardiman says Bobby got $300,000 to walk away from the work on that contract.  Says he never gave it a second thought.

Evelyn asks if he lost the contracts because Lakeshore didn't do water main work before.  Hardiman says they won the contracts but the contracts were canceled.  Hardiman says they lost the contracts after Ferguson told him he wanted 25 percent of the contract.  Hardiman now explaining that bobby didn't tell him the contract would be stopped but did say it had to cross the mayor's desk.  And that's why he put Bobby on future contracts so they could  win them and not get canceled.

9:35

Now showing a document showing agreement between Angleo D'Allisandro of DCG inc., and Lakeshore Engineering. It says D"D'Allisandro and Lakeshore will be considered the same as far this contract is concerned.

Evelyn asks if DCG was part of the originally contract. No.  Evelyn asks if DCG is the company that took work away from Bobby.  Hardiman says D'Allisandro and Bobby came to an agreement.  Says Bobby was listed on the contract but they hadn't identified what work Bobby's company would do.

Evelyn asks if DCG was set up to take work away from Bobby. Hardiman says he's not sure about the time frame of the contract, says he had numerous meetings after the contract was let and one an Bobby argued for some of the line items he wanted to do.  Hardiman says at the end of the day if you can't agree Bobby would be doing the work.

9:29

Evelyn now asking about Motor City Make Over.  Hardiman explains it was an effort to clean up the city and  he's proud to be a black American and to address problems.  Talked to Bobby about how to get more African Americans hired in the city of Detroit and starting businesses that could employ African Americans and people working together.  Partnering up with people.  Not sure if he talked to Bobby about going in to business together.  Doesn't remember that.

9:26

Evelyn asks if Hardiman had to get involved in politics and learning how to navigate the bureaucracy.  Hardiman says  yes.   Asks if there are certifications. Yes.  Change orders. Yes.

Now asking about the first time he met Ferguson.  Hardiman says Bobby was the chairman of the transition team for Kwame's first term.

Evelyn asks if Hardiman was interested in helping minority and small businesses. Yes. Asks if he and Bobby were interested in Education and Family and getting involved in the community.  Hardiman says yes they shared those values.

ASks if he and Bobby talked about BArriers  to small and minority businesses. If they argued.  Hardiman says over a ten year period of time they talked about a lot of topics, argued, but that didn't mean he didn't like Bobby or couldn't deal with Bobby.  Says they shared a lot of the same values including removing barriers to minority businesses.

9:20

Evelyn asks if he can tell about the contracts they submitted to the city before the two lost contracts.  Hardiman says he can't remember any.

Evelyn asks if Lakeshore did any water main repair before the lost contracts.  Hardiman says no water main work for City of Detroit.

Evelyn asks if the company they lost out too had done water main work for the city before.  Hardiman says they didn't lose out to Inland.  Doesn't know what that company, Inland Contracting, did before, no familiar with their track record.

9:17

Hardiman says his duties were primarily business development even though he gave up ownership interest.

Evelyn asks if most of his business development after 2002 was to get work from the City.  Hardiman says since he lost two contracts he had to go after more federal contracts along with trying to get city contracts.

9:15

Hardiman is answering that he's a part owner of Sky Group, and was once a part owner of Lakeshore.  Sky Group is the real estate arm of Lakeshore.  Hardiman says he served as VP of Lakeshore through 2006 but it was in title only and he had no ownership of the company.  Hardiman says he had to review documents to get the dates straight.  Says he stopped being VP in 2008 or 2009

9:12

Evelyn is now questioning Hardiman.  The court room has been re-arranged this morning.  Now that there's more room at the defense table the witness stand has been moved back to the side of the court room, just in front of the bench to the Judge's right.  Screen left as we're looking at it from the audience.

9:09

The jury is seated.  The judge says welcome back and hopes they had a chance to get a little rest.  Here comes the instruction.  The judge says Mercado is no longer a part of this trial and should not be a concern when determining the guilt of the remaining defendants.  She says they should not speculate on why he is not longer there.  Judge Edmunds also tells them that they are to reach a verdict on each defendant separately, that they are on trial separately, and that the fact that they're in the court room together is a matter of convenience for the court.

9:05

The jury is coming in now.

9:04

"All Rise"  The judge greets Evelyn and says it's nice to see him back.  They are now talking about the jury instructions they've agreed to and going into a sidebar.  The instructions will deal with how much information the jury is given about Mercado's absence.  They will not tell the jury he plead guilty.  It will be interesting to see what exactly they do tell the jurors.

9:00

Prosecutor Mike Bullotta is in a good mood this morning.  He's chatting with someone off screen and smiling and laughing.  Remember, the prosecution got a big win during the break when Victor Mercado plead guilty to conspiracy.  The defense table is shorter this morning.  Mercado and his attorneys are not in the room. 

8:59

The video feed is up, the court room is filling up, and the defense table is full.  Evelyn is sitting at the table between Bobby and Kwame, chatting animatedly.  He looks much better than he did the last time I saw him.

8:57

M.L. Elrick tells me that Gerald Evelyn will be back in the saddle this morning, picking up where he left off with his cross examination of Hardiman.  Evelyn's colleagues report that he has made a full recovery.  He's a hard charger.  We'll see if he takes it easy today and lets his partners share the load or goes at it full steam.

8:54 

Good Morning from the Theodore Levin Court House in Brisk and chilly downtown Detroit.  Tom Hardiman is expected on the stand again today after a nearly 2 week break in the proceedings.  Hardiman runs A&H Construction and is affiliated with Lakeshore engineering.  When last we heard from Mr. Hardiman he was testifying that he put Bobby Ferguson on several jobs even though Ferguson didn't do any work, or let Ferguson Muscle in on jobs at the expense of other contractors.  And when asked why, Hardiman repeatedly answered, "10 million, 5 million."  referring to the two contracts he lost because they were taken away from his company and given to Bobby.

-Ken Martinek is Senior Producer -Investigations for Fox 2 News

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