The Exposed Being Exposed.....

The following excerpts are per Michael Stefani via the Detroit News....

Stefani: 'This whole thing could have been avoided'

Deposition shows why officers' attorney filed subpoena for texts after confusion during trial
Robert Snell / The Detroit News

Excerpts from a five-hour deposition of Michael Stefani, a lawyer for former Detroit police officers who filed a whistle-blower's lawsuit against the city.
 
• Stefani on why he filed a subpoena for the text messages after the Sept. 11 jury verdict:

"No question in my mind that the mayor lied through his teeth, and so did Beatty."
 
• On the publication of text messages:

"This whole thing could have been avoided if Christine Beatty had taken my phone call before there was any lawsuit, just talked to me about the mistake they made with (former Detroit Deputy Police Chief) Gary Brown. She said, 'No. It's a one-day news story.' And so, therefore, I think whoever did it should get an atta-boy. But I'm not going to tell you who I think it was."
 
• On confusion over whether the text messages were available during the trial:

"I put Beatty on the stand. I asked her some very specific questions about text messages: Did she ever send a romantic message to the mayor? Did she ever send a sexually explicit message to the mayor? Did she ever discuss Gary Brown in a text message? Did she ever discuss the release of (former officer Harold) Nelthrope's name? Her answers were no to everything. So then I went to the judge and I said, 'Would you look at the records? And if there's anything in those text messages that's contradictory, I want to introduce it.' He said, 'I don't have the text messages.' And I said, 'Sure you do.' And he said, 'No, you've got them.' I said, 'No, I don't. You've got them.' And it turned out nobody had them."
 
• On the contents of an envelope handed to Samuel McCargo, lawyer for Kilpatrick, during a stalemate in the facilitation process over attorney fees. The envelope contained excerpts of the text messages and a proposed motion that argued for additional attorney fees because Kilpatrick and Beatty allegedly lied under oath. The exchange happened during a facilitation meeting held after the jury verdict:

"Forty-five minutes after the facilitator handed McCargo the document, there was a knock on our door. We were in separate rooms. And the facilitator said, 'McCargo wants to talk to you.' And I got outside -- he was actually outside of the building. So I left the building and walked out in the parking lot. And McCargo looked ashen or shook up. And he looked at me, and he said, 'I had no idea.' "
 
• Stefani on his reaction to McCargo saying "I had no idea":

"I don't know whether he was saying I had no idea you got these text messages, or he meant I had no idea my clients were lying about their relationship. I didn't discuss that with him. He just said, 'I had no idea.' And then he -- he sheepishly, a few seconds later said, 'Have you filed this?' And that's when I said, 'No.' "
 
• Stefani said McCargo then called the mayor:

"And, you know, another fifteen minutes went by. And the facilitator came back into the room and said, 'He got a hold of the mayor at the airport, and the mayor has approved negotiating for a global resolution.' "
 
• On the city's claim the text messages were the mayor's and Beatty's personal property:

"McCargo took the position, not during facilitation, but in other conversations, that these text messages were the personal property of the mayor and Ms. Beatty, and they should be returned. And the city was going to tell SkyTel that -- or, McCargo, somebody was going to tell SkyTel that this was personal property, and they had no right to have those records."
 
• Stefani on a source telling him Kilpatrick gave Beatty money to buy a house:

"I believe to this date, it's only my belief, that the mayor gave Christine Beatty twelve thousand dollars to buy that house on -- that new house she bought. Because she had moved out of the home that she was living in with her husband. And my sources told me the mayor actually helped her pick this house out, this new one on Westmoreland. And when she went to apply for the mortgage, she had no money to put down. And the bank told her that she needed twenty-four thousand dollars. And the bank gave her, gave her, not loaned her, but gave her twelve thousand dollars. And my source told me that Beatty said, 'Well, the mayor will give me the other twelve.' And the bank said, 'Look, this can't be a loan. It has to be a gift.' And she says, 'Well, it will be a gift.' And he said, 'Nobody's going to believe that the mayor gave you a gift, so have the mayor give the money to your mother, then have your mother make a gift.'"
 
• Stefani explaining why he asked for text messages from Beatty's pager sent or received during specific time periods in 2002 and 2003:

"The reason I chose those two months, is because (former officer) Walt Harris had testified he saw --he accompanied the mayor out of town in September, I believe. And the mayor tried -- the mayor didn't allow Walt to make his usual security check of the hotel room. And when the mayor opened the door, he saw Christine Beatty sitting on the bed, totally -- as I understand it, totally clothed. And I wanted to see if there were text messages about that. Also the Manoogian Mansion party was supposed to have taken place in September. And I wanted to see if there were text messages about that. And sure enough, the text messages confirmed that the mayor and Beatty had made up their mind not only to fire Brown, but to fire his -- his inspectors and commander."
 
• Stefani on the city's motivation for rejecting an earlier settlement agreement:

"The reason that they rejected the October 17th settlement agreement was that they had received a Freedom of Information Act (request), and it dawned on somebody that they didn't want the text messages referenced in the settlement agreement, so they'd have to separate it out into a separate confidentiality agreement and a separate settlement agreement

Readers, I'm in the process of reading the full deposition to make comment but in a nutshell so far the deposition substantiates every allegation made against Kilpatrick and his attorneys. The method, ways and means. The City Council today filed a resolution today to remove the Mayor. Let's have some sordid fun with this - check out my latest poll...

And KwameExposed a few weeks ago attempted to piece together a timeline in accordance with the evidence found. Finally with the records released this is the true story (but I must admit, I wasn't off by much huh:))

The anatomy of a cover-up

Sept. 11
Jury awards two former Detroit police officers $6.5 million after they file a lawsuit claiming they were punished for investigating claims against Mayor Kwame Kilpatrick's inner circle. Kilpatrick vows to appeal.

Oct. 4
SkyTel sends officers' attorney text messages from Kilpatrick's former chief of staff, Christine Beatty. They include romantic exchanges between her and the mayor that contradict their trial testimony, raising the possibility of perjury.

Oct. 17
After negotiations with a mediator over the payment of attorney fees for Mike Stefani, the officers' attorney, Stefani shows the mayor's attorney a draft of a legal brief that reveals the text messages and the potential of perjury.
That attorney, Sam McCargo, meets with Stefani in a parking lot, looking "ashen faced." McCargo then contacts the mayor who dispatches another city attorney to the negotiating table.
Within several hours, they hammer out a clear-cut deal: Stefani would turn text messages over to a representative of the mayor; and the city agrees to settle the case for $8 million, with another $400,000 for another officer who had sued the city. It is signed by Stefani, McCargo and a city staff attorney. The agreement calls for council approval.
A separate "escrow agreement" is struck that details how Stefani would put text messages in a safety-deposit box at an area bank.

Oct. 18
In a surprise, Kilpatrick says city will drop appeal.

Oct. 19
Detroit Free Press files Freedom of Information Act request for all settlement documents.

Oct. 23
City Council approves an $8.4 million settlement. It does not see, however, the cash-for-text messages deal.

Oct. 27
Kilpatrick rejects Oct. 17 settlement agreement.

Oct. 29
City tells Free Press there are no settlement documents.

Nov. 1
The attorneys for the city create two new documents: One is the settlement agreement that council later sees that calls for the payment to the officers and says the city will not appeal. There is no mention of text messages. The second, "confidentiality agreement," is between the officers and Beatty and Kilpatrick -- he's not called mayor in the document. It requires the transfer of the text messages to the mayor's designee; the officers agree to forfeit their seven-figure awards if they talk about the messages. Council never sees confidentiality agreement.

Dec. 5
Parties hold meeting and finalize

Do you know that I incredibly know people who still support the Mayor? What the hell! What does he have to do? Shoot your dog or burn your house down for you to change alliances? With friends like these who needs enemies? It further substantiates the point that some of our people are lost. Trapped in the abyss between accountability and denial that your "brotha" can execute the worst of offenses - treason upon ones race.

The countdown of the Kwame administration begins now. Who you think will bring him down first - The City Council or Kim Worthy? Do you think that he will be removed AND will still be charged with perjury? Submit your comments.

Later,

KE