Heaney Buffalo Billion Trial
Heaney Buffalo Billion Trial
Heaney Buffalo Billion Trial
11
Before:
12
HON. VALERIE E. CAPRONI
13
District Judge
14
15
APPEARANCES
16
GEOFFREY S. BERMAN
17 United States Attorney for the
Southern District of New York
18 BY: DAVID ZHOU
ROBERT L. BOONE
19 MATTHEW D. PODOLSKY
Assistant United States Attorneys
20
25
1 APPEARANCES (continued)
2
O'CONNELL & ARONOWITZ, P.C.
3 Attorneys for Defendant Aiello
BY: STEPHEN R. COFFEY
4 SCOTT W. ISEMAN
PAMELA A. NICHOLS
5
9
BRACEWELL, LLP
10 Attorneys for Defendant Ciminelli
BY: PAUL L. SHECHTMAN
11
- and -
12
DLA PIPER
13 Attorneys for Defendant Ciminelli
BY: JESSICA A. MASELLA
14
- and -
15
HODGSON RUSS, LLC
16 Attorneys for Defendant Ciminelli
BY: TIMOTHY W. HOOVER
17
18
19 ALSO PRESENT:
24
25
2 (Case called)
6 Jonathan Concepcion.
20 can start.
22 a question?
4 MR. BOONE: Yes, your Honor. So, the reason for that,
6 This article is --
12 is an article by an investigative --
16 to the article, and which is this guy loves us. There will be
19 looking into the propriety of the RFPs. And Doyle will talk
20 about that. And he'll talk about sort of other things we'll
23 about this article is it's all well and good to charge the jury
24 that they can't consider any of this for the facts. But, there
14 what you want to do, and that's appropriate. The question is,
17 jury to kind of set aside or ignore once they've read them, and
10 think the jury can follow the instruction as to the puff pieces
11 that the defense has put in, I am comfortable that the jury can
16 Schuyler dealt with the FOIL request and some other things that
22 persuasive.
25 the issues that the jury has to decide here. For example, on
3 e-mail?
5 includes the assertion that the job was not competitively bid.
9 number three.
15 They did not put the contract out for bid the way many
18 process.
24 process.
16 can't come up with redactions that gives both sides half a loaf
17 that you can live with, or, I'll make the redactions that I
25 redactions?
7 here that the company SolarCity lost $370 million last year,
2 THE COURT: I only got one. I had one, 1044 was the
23 troubled by?
3 here that has nothing to do with our case. And there are
10 for the quote, but I think much of the rest of the article is
22 the first of the four issues that the government raised in its
15 September 2015.
18 time period is when he and the press office at SUNY Poly began
25 THE COURT: How does this, how does the timing of this
8 that. But what Doyle will say about this particular sort of
21 Although that seems like something you could argue to the jury.
23 the very fact pattern that was the subject of the 404(b)
24 notice.
3 before this jury that Fuller Road was just like Fort Schuyler
6 doing, the statement that SUNY Poly and our related entities,
17 not admissible.
2 region and New York that are funded publically and being built
9 paragraph?
18 nothing about.
19 THE COURT: That's not blown up. Can you alter what
2 sentences?
9 apologize for the late notice. We met with Mr. Doyle a few
11 and we've given Mr. Miller a copy just a minute or two before
9 indicated for the first time that they intended to show New
12 guidelines.
18 procedures.
23 that the witness, David Doyle, has any idea specifically what
18 witness testifies.
4 And so, most of the first set of e-mails are just ones
5 we've seen before but we pulled from the source which is the
7 those.
19 one if you like, but in essence I think that they're not really
25 are in.
2 point. I'm not sure what other probative value that the
11 some of the initial contracts, but what you'll see is that they
21 Ellard?
9 That's fine.
12 8-R, 10, 12, 14, 200, 230, 490, 491, 492, 1050, 1055 through
24 received in evidence)
9 missing from the later box for a particular account, then the
10 e-mail was deleted by the user after Google saved the preserved
14 then also strike the part "by the user of the account."
16 this issue was addressed last week when the Google custodian
20 page 383 of the transcript, was that if the defense did not
4 stipulation.
9 explanation.
19 explanation. So I agree --
24 287 others.
25 said "I think it would be fair to say if, after conducting our
4 that."
13 witness to testify, then you could have either brought that out
14 on cross or not.
19 to that. Right.
23 missing from the Gmail content in the search warrant Mbox, the
3 deleted.
9 was done via an auto delete. What are the e-mails, what is the
13 to what she would testify to, and that's not what she would
14 testify to.
16 there was -- what was the rule, what logical rule is in place
18 deletions?
20 she would testify to. And she can't. So why am I being wrong
21 in saying let's stipulate to what she can testify to, not what
25 the witness testify when she could have. Because you assured
9 accounts that explains it. But for that, the only logical
15 find it?
23 (Recess)
2 gave me a new exhibit list which has new exhibits on it. But
5 in evidence.
12 stipulate.
16 out of style.
17 (Jury present)
5 KATHLEEN GARVER,
8 DIRECT EXAMINATION
9 BY MR. ZHOU:
10 Q. Good morning.
11 A. Good morning.
14 New York.
16 A. Special agent.
17 Q. How long have you been a special agent with the FBI?
19 Q. Have you ever been assigned to the white collar crimes unit
20 in the FBI?
21 A. Yes.
22 Q. How long were you a member of the white collar crime unit?
5 investigations?
13 A. Yes, I am.
16 A. Yes, I did.
17 Q. How so?
22 participated in interviews.
1 part of investigation?
5 this investigation?
6 A. Approximately 20.
10 Q. Special Agent Garver, did there come a time when the FBI
12 A. Yes.
14 A. Yes, I did.
17 of 2015.
19 A. Seven people.
22 the Western New York area who had expressed interest in the RFP
24 of the RFP, and at least one of which submitted a bid for the
6 Let me focus you in on June 21, 2016. Were you working on that
7 date?
8 A. Yes, I was.
12 A. Yes it was.
14 A. Yes.
17 Mr. Gerardi.
19 Honor.
25 A. Correct.
1 Q. Why was Mr. Gerardi at the U.S. attorney's office that day?
7 voluntary?
8 A. Yes, it was.
10 A. Yes.
11 Q. Who?
18 that interview?
19 A. Yes.
20 Q. Who?
23 A. Yes.
24 Q. Who?
2 interview?
12 testimony today?
25 Q. Did there come a time when you asked Mr. Gerardi about his
2 A. Yes.
8 A. Yes.
12 Q. Did there come a time when you asked Mr. Gerardi about the
14 A. Yes.
16 Syracuse RFP?
17 A. Yes.
21 publicly issued?
22 A. Before.
2 A. Yes, I do.
8 A. Yes.
10 A. Yes.
13 experience."
1 A. Yes.
7 A. Yes.
8 Q. Did you ask Mr. Gerardi about this e-mail and the
9 attachment?
10 A. Yes.
15 Q. Did you ask Mr. Gerardi what he thought would happen with
16 this document?
17 A. Yes.
20 this to Nano.
25 A. Yes.
6 here we have an e-mail from Todd Howe to Steve Aiello and Joe
8 A. Yes.
10 A. Yes.
12 A. Mr. Howe wrote "FYI, they are fine tuning now but expect to
14 confidential, please."
2 for proposal."
3 A. Yes.
6 A. Yes.
8 A. Yes.
14 A. Yes.
17 A. Mr. Gerardi stated that that was his handwriting and those
19 Q. Did you ask Mr. Gerardi about Todd Howe's role in the RFP
20 drafting process?
21 A. Yes.
24 called Whiteman, Osterman & Hanna or WOH, and WOH was drafting
25 this RFP but did not have a lot of experience in drafting this
1 RFP. So, as such, Mr. Howe reached out to Mr. Gerardi for his
3 Q. Did you ask Mr. Gerardi about his motivation when he was
5 A. Yes.
13
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6 A. Yes.
9 A. Yes.
15 A. Yes.
17 marking?
20 about five companies in the greater Syracuse area that did have
21 15 years' experience.
22 MR. ZHOU: Ms. Lee if we could zoom out now and focus
10 A. Yes.
15 the document?
16 A. Yes.
17 Q. By hand?
18 A. Yes.
20 A. Yes.
23 used was too limited, and he used the analogy like it was too
4 Q. Special Agent Garver, could you read that very first bullet
5 point there.
11 A. Yes.
19 MR. ZHOU: Ms. Lee, you can take down that document.
23 A. Yes, I do.
5 A. Yes.
8 A. Yes.
10 email, please.
20 A. Yes.
4 A. Yes, I do.
8 2013?
9 A. Yes.
12 A. Yes.
13 Q. Now let's start with the bottom email. Do you see that is
16 A. Yes.
23 here?
24 A. Mr. Gerardi stated that he was not sure why Mr. Howe sent
5 A. Yes.
9 MR. ZHOU: You can take that document down, Ms. Lee.
14 A. Yes, I do.
18 2013?
19 A. Yes.
22 A. Yes.
1 A. Yes.
2 Q. Do you see that the next paragraph down it ends with "the
4 A. Yes.
7 A. Yes.
10 A. Yes.
19 A. Yes.
22 A. Yes.
25 presumed that this was a final draft of the RFP, so any changes
2 back and ask again about them because he believed this was the
3 final draft.
4 MR. ZHOU: Ms. Lee, you can take down that document.
7 A. Yes.
12 date of the interview, June 21, 2016, was Mr. Gerardi under
13 arrest?
16 A. Yes, he was.
18 A. In September 2016.
20 No further questions.
22 CROSS-EXAMINATION
23 BY MR. WILLIAMS:
6 deals with the COR software that was in both the draft RFP and
11 A. Yes.
14 A. Correct.
16 you.
22 (Witness excused)
1 JUSTIN ELLARD,
7 E-L-L-A-R-D.
8 DIRECT EXAMINATION
9 BY MR. ZHOU:
10 Q. Good morning.
11 A. Good morning.
21 Q. How long have you been a special agent with the U.S.
22 Attorney's office?
7 is already in evidence.
11 was in.
14 1602?
15 A. I do.
16 Q. Is it a flash drive?
17 A. It is.
22 A. I did.
23 Q. Prior to your review of those four MBOX files, did you have
25 A. No.
1 Q. Now let's talk about those four MBOX files. Which email
6 accounts?
14 warrant box"?
15 A. OK.
17 file?
19 Q. Did you review every single email that was in each of those
21 A. No.
24 files?
25 A. I did.
6 related to Gmail.
19 that.
22 BY MR. ZHOU:
4 that email was deleted by the account user after Google saved
5 the preserved MBOX but before Google saved the search warrant
7 A. I do.
13 A. Yes.
15 Q. Special Agent Ellard, what did you notice about the two
16 [email protected] boxes?
20 A. Yes. The preserved box had about eight or nine emails that
22 Q. Who was involved in those emails that were deleted from the
23 newer box?
24 A. Alain Kaloyeros.
1 A. Yes.
11 MR. ZHOU: Ms. Lee, you can publish that for the jury.
13 A. I do.
19 A. Correct.
21 A. I did.
25 A. "Welcome to the new Gmail MBOX from the Gmail team." And
4 A. No.
7 A. No.
10 A. Yes.
20 Q. Did you see any of the emails from Louis Ciminelli or Alain
23 A. No.
25 A. Correct.
2 please.
8 A. Yes.
11 A. Yes.
13 to one of the emails that was deleted from the search warrant
14 box?
15 A. Yes.
18 Lee.
19 Q. Special Agent Ellard, do you see here that this email, the
22 A. Yes.
5 A. Yes.
7 A. Yes.
15 proposals"?
16 A. Yes.
19 A. Yes.
24 box?
1 mail or spam.
3 A. Same.
4 Q. These emails that were missing from the search warrant box
7 [email protected] box?
8 A. I did.
9 Q. In what boxes?
10 A. In both boxes.
12 Exhibit 1503. For the moment we can just put up the blank
13 side, please.
15 [email protected] boxes?
16 A. Yes.
17 Q. What were you looking for when you compared those two
18 boxes?
23 correct?
24 A. Correct.
3 Q. What was the earliest date of the emails that you observed
7 A. Same thing.
8 Q. With respect to your time period, why did you end that time
10 A. Because that was the date of the latest email found in the
11 preserved box.
14 A. Correct.
18 A. Yes.
1 A. That is correct.
4 A. Yes. The same. There were only three emails with that
5 email address, and they were found in the preserved box only
7 Q. Those three emails you just mentioned were deleted from the
9 A. Correct.
11 moment. Did the search warrant box contain emails that were
13 A. Yes.
15 A. Yes.
16 Q. 2014?
17 A. Yes.
18 Q. 2015?
19 A. Yes.
21 1503.
23 slide.
25 preserved box and one from the search warrant box, except this
2 A. Correct.
6 box screenshot?
10 box?
13 a.m.
16 A. Yes.
20 Q. Let's go to the next slide, Ms. Lee. What does this red
21 highlighting indicate?
4 A. Yes.
7 experience."
11 to the attachment.
14 A. Yes.
20 A. Yes.
22 A. Yes.
4 A. Yes.
8 perfect.
9 Q. Special Agent Ellard, do you see that this email, the one
12 A. Yes.
14 that the first sentence reads, "Dean, I'd like to issue an RFP
16 in Buffalo"?
17 A. Yes.
20 developers who know the two regions, are grassroot, have the
24 A. Yes.
2 Howe? Could you read the email that Todd Howe wrote.
6 A. Yes.
16 Q. Do you see that these bottom couple of emails are the same
18 A. Yes.
20 Q. Do you see that Todd Howe on August 23, 2013, at 8:09 a.m.,
22 A. Yes.
3 A. Yes.
7 these screenshots?
8 A. The same date, August 23, 2013, although it's a little bit
13 the Volcanic nest chair, laser guns for smart phone, Cronenberg
17 screenshot?
22 A. Todd Howe.
2 reflect the email that was deleted from the search warrant box?
3 A. Yes, it does.
8 A. Yes.
12 helpful. Thanks."
13 Q. Do you see that Mr. Howe then forwards that message to Mr.
14 Kaloyeros?
15 A. Yes.
22 A. September 3, 2013.
2 at 9:19 p.m.
8 A. Todd Howe.
13 were deleted?
14 A. Yes.
16 emails. The bottom email sent on August 23, 2013, do you see
18 A. Yes.
21 A. Yes.
3 A. Yes, correct.
5 slide, please.
13 a.m.
19 see that there are a number of emails that involve Todd Howe?
20 A. Yes.
22 A. Yes.
2 with Todd Howe that were deleted from the search warrant box?
9 Kaloyeros, [email protected]?
10 A. Yes.
15 Q. Do you see then there is a forward and then Mr. Howe writes
16 a message?
17 A. Yes.
21 A. Yes.
2 in the screenshot?
5 a.m.
13 A. Todd Howe.
17 Q. Again, the red indicates the Todd Howe emails that were
19 Ellard?
20 A. That is correct.
2 Laipple?
3 A. Yes.
5 A. Yes.
9 subcontractors saying they are the gatekeep for CNSE and want
12 themselves."
13 Q. Do you see that Mr. Howe forwards that message and then
15 A. Yes.
17 message?
18 A. Yes.
23 these screenshots?
1 in your screenshot?
9 p.m.
11 A. Todd Howe.
17 A. That's correct.
19 evidence.
1 A. Yes.
4 A. Yes.
7 mark.
11 and, after a couple of emails back and forth, the top one we
14 A. Yes.
19 MR. ZHOU: Let's zoom out of that and let's scroll up,
20 Ms. Lee. If you could highlight the top half of this email.
21 Q. Do you see that Todd Howe then forwards that message and he
23 A. Yes.
25 A. Yes.
5 MR. ZHOU: You can take that down, Ms. Lee. You can
9 evidence.
13 "Memorandum of understanding"?
14 A. Yes.
22 SUNY IT, 100 Seymour Road, Utica, New York, 13502. COR and
25 A. Yes.
2 Lee.
1 but in no event will the cost to FSMC for the building exceed
2 $9 million, which will include one million for site work on the
3 property."
8 A. Yes.
11 A. Yes.
12 MR. ZHOU: Ms. Lee, let's take this document down, and
14 1051, please.
17 A. Yes.
19 Ms. Lee.
20 title president?
21 A. Yes.
24 A. Yes.
25 MR. ZHOU: Ms. Lee, let's take this document down and
4 construction agreement?
5 A. Yes.
10 A. Yes.
14 A. Yes.
20 A. Yes.
22 and the maximum cost to FSMC for the project shall not exceed
24 A. Yes.
25 MR. ZHOU: Ms. Lee, if you could take this down and
9 A. Yes.
22 under the RFP. And FSMC now wishes for LPCiminelli to develop
23 and construct the first two facilities of the hub, one facility
1 MOU.
6 A. Yes.
9 A. Yes.
14 proceed?
15 A. Yes.
23 A. Yes.
5 see that?
6 A. Yes.
11 guaranteed maximum price under the contract for the core and
13 estimated maximum total cost to work for the core and shell of
23 A. Yes.
1 A. Yes.
6 is now about 11:20. I'll bring you back out about 11:30.
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15 questions.
21 longer than usual because working this out will not be easy.
24 for lunch early and take a long break. I think this is a half
6 testimony?
17 So, the government exhibit list, every day or when you give me
7 exhibit list a hard time. But what that means is you guys all
8 need to look over this carefully, because at the end of the day
11 what gets loaded on to the laptop that goes back to the jury is
12 all in evidence.
15 that what's on the list and on the laptop comports with your
1 getting new lists. So, yes, but the short answer is I'm happy
5 break.
6 (Recess)
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3 CROSS-EXAMINATION
4 BY MR. MILLER:
8 Alain Kaloyeros.
15 A. Correct.
23 know on what dates the preserved snapshot was taken and the
25 A. By Google?
1 Q. By Google.
2 A. No, I don't.
4 between when the snapshot was taken and the search warrant was
5 executed, correct?
6 A. Correct.
8 the preserved files that are not in the search warrant files,
9 correct?
10 A. Correct.
14 A. Yes.
15 Q. What was the total number of, just raw variants between the
24 guess just the delta between the preserved and the search
4 deleted between the preserved file and the search warrant file?
6 Q. Yes.
10 e-mail file but were not present in the search warrant file?
17 A. No.
22 Q. Yeah, I'm talking about how you did the analysis that you
24 A. Understood.
8 discussed.
9 Q. At all.
14 December of 2015?
16 warrant or newer box. But they were after the date that the
18 2015 and then went later on into December if I'm not mistaken.
20 was done, the entirety of Todd Howe's e-mails had not been
24 question.
2 correct?
11 Kaloyeros.
15 A. Okay.
16 Q. When you looked at the preserved file, you saw there were
18 correct?
19 A. Yes.
21 collection, correct?
22 A. Correct.
25 other ones.
1 Q. As you sit here today, you have no idea whether any Lou
13 directed to do that.
15 COR?
16 A. No.
20 deleted.
24 A. Yes.
3 A. Yes.
7 that correct?
8 A. Yes.
9 Q. I think you answered this before, but you didn't run words
13 A. Correct.
17 file, the preserved snapshot, but was not in the final search
21 jury.
1 Exhibit 480?
8 Exhibit 492, so why don't we pull that up. Apologies for that.
11 A. Yes, sir.
14 A. Yes.
17 A. Yes.
20 A. Correct.
21 Q. And was still in his e-mail files when the search warrant
3 CROSS-EXAMINATION
4 BY MR. SHECHTMAN:
8 are eight e-mails present in the preserved Mbox that are not
15 A. Yes.
17 that are in the preserved Mbox that are not in the search
24 A. I don't know.
25 Q. You said, whatever that number is, they are mostly golf
8 Q. There are scores of golf tips that are present in both the
10 correct?
14 Mbox.
20 e-mails.
2 e-mails, that were present in the preserved Mbox, that was one
6 Exhibit 31.
8 Mbox?
13 tell because now it's stringed together in one long e-mail, but
2 REDIRECT EXAMINATION
3 BY MR. ZHOU:
9 A. Correct.
10 Q. How many e-mails in the search warrant box for that time
13 Q. How many in the search warrant box for that same time
16 A. Zero.
19 focusing on the search warrant box, did you see any e-mails
21 A. I did.
7 (Witness excused)
10 the lawyers and I have some things we need to discuss that are
11 going to take a while. They need to eat and you need to eat,
19 that the government will rest today. There may be a snag, but
22 2 o'clock.
23 (Jury excused)
25 guess of what time do I need you back here? How long will it
6 before then, we'll just let you know and give you a longer
7 lunch hour.
10 you've got it all worked out before then, just let me know.
14 and 206. Tell me again what the issue is with the document
16 this.
19 Billions.
2 the date, this is relevant for when Dr. Kaloyeros had his
7 issue with 1083 given the fact you haven't had a chance to read
3 published.
5 be --
11 THE COURT: Yes, you have a lot to say about it. Try
17 correct?
25 than that. Because I need to know whether the defense has any
22 THE COURT: I got it. One way or the other then the
4 interested in, August 15, 2013, the e-mail from Mr. Gerardi
6 4:30, there is one call made from the phone to Todd Howe's cell
7 phone, and there are two calls that are made to the COR
11 any, anywhere in the mass of the e-mails that you have put into
12 evidence in this case, are there any e-mails from Mr. Aiello on
13 August 15?
19 documents that I handed up, there are a couple e-mails that are
21 ESD being an organization that has New York City offices and so
22 we're going to offer those up. I know the defense has some
1 that is on hold and we'll deal with that and we'll deal with
2 Verizon.
16 it.
24 (Recess)
1 AFTERNOON SESSION
2 1:30 p.m.
8 (Recess)
10 benefits of collaboration.
12 these issues?
18 what's out, I'm just going to tell you what's in dispute, and
20 should be out.
22 this?
16 sentence.
18 campaign contributors."
2 paragraph in.
3 THE COURT: You want the whole thing in other than you
5 contributions?
7 paragraph.
20 about.
24 not here and we can't cross-examine him. You can tell the jury
25 that they are not to take this for the truth of the matter, but
2 very issue that this jury has to decide at the end of the day.
7 "The state is making" and the next one, "This program involves
17 stays in, and the rest of that paragraph and the next paragraph
18 come out.
22 job goes to." They have agreed to take out "political donor,"
1 was a bid in the sense there was an RFP. Given that it is half
6 agreed on.
10 real quick once we made the redactions. I would ask that "huge
13 that?
17 we think is fine.
19 heading.
22 from the bottom, and all the way down to "one company appeared
12 saying that reference that there was an issue that there being
20 page.
24 he tells the story that Kaloyeros and Heaney have sort of been
6 issue with this guy because the guy keeps asking him for
13 truth and just for some state of mind, it strikes me, given how
5 Sure, the jury has heard about the 50 years, but they
6 have heard about the 15 and they have heard about a million
14 on that page, that is, "Only one company appeared to meet that
24 evidence of that.
1 that he called and asked about it and the next thing he heard
3 testimony?
9 the other.
21 15.
23 about they called when he saw that and asked what's this all
12 MR. MILLER: Can I back you up? I'm not sure where
14 on page 3, where the article asserts that the job was not
16 that sentence.
18 perfect sense and is consistent with the evidence that has been
25 prosecution --
8 here. They are saying that job was not competitively bid, and
14 an email.
1 retired.
3 cross-examination.
13 could see it and then make sure we are all on the same page.
14 THE COURT: We are not quite all on the same page yet.
20 come in.
24 that be redacted.
5 paragraph?
18 correct.
4 attorney" and "He was Alain's de facto chief of staff, said the
9 asked him to say that essentially Howe was someone who was
10 working for WOH and one of a great many people who worked for
22 Howe.
25 of staff.
17 for the truth of the matter, and they are clearly hearsay.
21 Todd Howe.
25 administration official.
4 at it.
6 stuff?
17 THE COURT: I'm sure Mr. Bohrer would say any time his
20 document.
5 a few issues.
13 that slowly.
17 THE COURT: What are you doing about that? Were you
23 but the sentence that says, "I have never in my life, my nearly
16 provides the context for why Mr. Kaloyeros would have his IT
23 December 22nd.
8 not. The "In an apparent attempt to head off the story you're
16 have that from the rest of this article, which is clear that
19 should do.
25 he says, "I may or may not have reached out to the Buffalo
1 News. If you ask Doyle what did he mean by that, he will say
2 he was trying to get his own side of the story out in response
3 to Heaney's."
8 begins "And Kaloyeros, who has not hidden his displeasure," and
10 same journalist.
20 of the page.
25 the issue? That's a good paragraph. Why do you not want that?
1 "He insisted that they had no intent to limit the field to just
2 one candidate."
14 his conclusion.
17 sentence.
22 Honor.
24 THE COURT: I'm not going to leave the last clause in.
1 15 years"?
18 and you realize only one company appears to qualify," and then
22 question as well.
6 were inclined.
21 MR. BOONE: Doyle will say that the 50-15 was a big
22 issue and that they were trying to figure out how to respond to
24 SUNY Poly when the RFPs were issued. He is just dealing with
25 the aftermath.
6 there was.
19 guidelines.
5 Fort Schuyler.
20 review.
4 guidance.
12 procurement.
14 the document with terms like "generally" and "may." Like you
16 clear there is space between the words on the paper and what
9 yesterday.
13 that if the jury hears about yet another set of policies like
15 admitted, they are going to confuse the fact that they've got
17 it and this is the way you don't do it, and they're going to
4 SUNY Poly and our related entities follow New York State
11 policies, procedures, and rules that they never did and had no
13 personally took.
20 not.
22 Dr. Kaloyeros' state of mind when he went out and made false
6 significance.
19 what he was talking about, and there is no way David Doyle will
2 documents.
12 make the statement that we've been discussing. That SUNY Poly
15 the letter.
20 the statement that the government just made that suggests that
1 the law.
8 between what the person was actually thinking and what, based
16 believe that Fort Schuyler was complying with New York State
19 flack to go out there and tell people we comply with New York
22 and they get to decide what book I meant when I said that.
25 that suggest --
7 of guidelines.
9 What else could he have been referring to? Other than the
10 procedure book that the New York State procurement people put
11 out?
13 people.
15 know.
19 guidelines that do not have the force and weight of law, rule
1 lot more weight if there was something else that you could say
4 procurement.
6 of those statutes.
18 state of mind we're concerned about, how does this prove his
20 mind.
9 who are required to do this. So the fact that there are other
11 are for, is to take all of the various statutes and the various
16 T.
4 anticipate hearing from David Doyle that this document and its
16 e-mail where Dr. Kaloyeros sent this New York State procurement
18 this thing.
11 would be helpful.
24 statute?
1 guidelines are not the law. They don't constitute the law,
3 of those.
11 testimony and that's what you said last time about the state
12 procurement guidelines.
21 But Judge, can we see what you said with the others? That's
23 but --
12 last time on the Verizon, Mr. Aiello was in New York City on
16 the 15th?
25 the e-mail came to him in New York. And so I say this may be a
5 e-mail while in New York. He was -- Mr. Aiello and his cell
9 any foundation of --
11 the phone records proves that Mr. Aiello's phone and therefore
13 inferentially, because the e-mail was sent that day, and based
15 they can infer from that, that he read the e-mail, which in
2 to him as well?
6 Okay. Are you guys ready to get the jury out? They
7 have now been sitting for three hours. What else do you have,
8 Mr. Zhou?
10 like to move in. It was on that list I handed you, the second
11 block.
17 e-mails?
21 objection to it.
8 affiliated with ESD. But these are all different projects than
9 are related in the Syracuse RFP. And the first one is within
10 the time period of when the Syracuse RFP is, but later ones are
15 being offered for the truth of what Steve Aiello would know.
20 trying to show made their way through the state pipeline down
22 expected that.
1 conspiracy that the ESD funding was part of what they were
18 Southern District.
1 I guess there are a few of them are after some of the documents
3 THE COURT: I'll admit the ones that preceded the RFP
4 and the signing up of the contract. The fact that they may
8 funding was issued, your Honor. The latest one is July 2014 on
9 the COR side. So that's during time period when that's even
10 before they were reaching into ESD to ask for the funding.
14 2014, your Honor. The first notice to proceed was signed for
15 the film hub, was signed that summer in May of 2014. There are
18 THE COURT: I was thinking about the ones that got the
19 funding going.
1 projects.
7 Court to know --
9 frustrated with you. I'm frustrated with the fact these are
10 more than five minute issues. And we've now had the jury
11 sitting for three hours, and I have serious doubt that the
15 funding was made to Fort Schuyler. That's who they had the
19 credit, whether it was from DASNY, whether it was from ESD, any
20 other source of funding, COR does not know that at the outset
25 time frame.
2 true that the Soraa project comes into being later. Originally
4 had a meeting with Steve Aiello here in New York City talking
5 about the project and how it was expanding and how it had moved
6 to Syracuse. Now --
8 preferred developer.
14 Schuyler that that was how they were chosen, and that's why
15 they're getting the contracts, even later on. And that's why
17 Honor.
22 venue was what was argued to the jury. But it's not a bad
4 projects --
8 said was that the funding was going to increase from 70 to 90.
23 right, that they had some inkling that their scam was going to
3 funding. That was clear from Fort Schuyler having their funds
4 come from the state. And as Mr. Kennedy testified, ESD is the
5 main economic agency for the State of New York for providing
7 documents and --
9 implicate whatever the witness's name is. Does it? You're not
16 limiting instruction?
24 (Jury present)
3 do not believe the government will rest today, but they will
4 rest tomorrow.
7 DAVID DOYLE,
10 DIRECT EXAMINATION
11 BY MR. BOONE:
12 Q. Good afternoon.
13 A. Hi there.
17 THE COURT: Mr. Doyle, let me ask you to pull the mic
25 A. Gramercy Communications.
2 A. It is vice president.
23 development projects.
7 SUNY Poly?
20 sort of work.
1 A. Yes, sir.
3 communications?
5 18.
7 A. I am.
11 A. I do.
13 clothing he is wearing?
16 defendant Kaloyeros.
19 A. I believe the first time that we had met each other, there
14 going to work for him had come up, come up a number of times.
15 So, yes.
16 Q. What did he say to you about the job he wanted you to do?
18 Buffalo and Rochester and Syracuse and Utica, you know, there
19 was these projects, you know, required more and more attention,
1 A. Yes.
9 A. Well, I was, you know, I'm an Albany kid, born and raised.
10 The college had grown. It was very high profile. It was very
14 the idea of, you know, creating these upstate jobs, high-tech,
17 work did you ultimately perform while you were at SUNY Poly?
22 A. Yes.
2 A. Yes.
9 documents himself?
10 A. Sometimes.
13 A. No.
15 A. Yes.
22 was helping out with what we call the advance work, the
24 similar work.
4 Q. Did you later come to work with Todd Howe at SUNY Poly?
5 A. Yes, I did.
6 Q. Did you ever discuss with Kaloyeros how Todd Howe came to
8 A. Yes.
19 know, that Todd Howe would come on and serve as eyes and ears.
4 position in the State of New York. You have the governor, then
11 Q. When you worked for SUNY Poly, how often would you see Todd
12 Howe on campus?
15 A. I did.
16 Q. Why?
1 Management Corporation?
2 A. I am.
13 his office was right down the hall from mine. Their, you know,
14 work very much intertwined with my work. They were -- the Fort
18 Schuyler?
20 Q. Did there ever come a time when you were involved with
22 A. Yes.
2 mind.
4 inquiries?
6 get on the phone or get a group on the phone and determine, you
10 the inquiries?
12 Q. How so?
15 collaborative.
20 Let me know when you've had a chance to look the document over.
23 A. I do.
24 Q. What is it?
5 A. Yes, yes.
13 MR. BOONE: Ms. Lee, if you can publish for the jury,
14 please.
15 Q. I'd like to start with the very first e-mail in the chain.
17 James Heaney?
24 right?
25 A. Yes.
11 at 6:59.
15 again"?
18 not my friend.
20
21
22
23
24
25
5 Jim Heaney?
13 someone named Peter Cutler who chimes in. Do you know who
15 A. I do.
16 Q. Who is he?
22 raised, knew all the people in Buffalo and the media landscape.
1 A. I do.
2 Q. Who is he?
7 A. Yes.
10 that?
13 Q. Had there been other requests by the media around this time
15 A. I don't recall.
17 this?
24 A. Yes.
25 Q. What is it?
9 A. Okay.
16 please.
18 was a requirement.
25 A. Yes.
5 A. Dr. Kaloyeros.
9 A. Executive assistant.
12 have started the ball rolling with the Buffalo News. Dr.
15 Ciminelli? You know what that means. Yes, I'm slow. It means
20 started the ball rolling with the Buffalo News," what did you
23 get what was believed to be the accurate story with the correct
25 Q. Did that have any relation with the second part of this
6 issue of the RFP, both the 50 and the 15 years, from the prior
8 set the record straight with the Buffalo News, which was sort
10 this.
18 inquired about it. But I think he was also saying that there
20 by the book.
22 process?
23 A. Yes. Sorry.
25 A. Yes.
3 THE COURT: You said something when you were away from
17 document.
19 though.
5 portion here.
9 many days have passed since Kaloyeros has an issue we know and
12 Q. If I could now show you, if you can take a look at, what's
17 yes, I will.
20 A. Yes.
21 Q. What is it?
25 A. Yes.
3 THE COURT: R?
11 told you a couple of days ago the reporters do their best, but
15 accepted for the truth. In this case these are relevant to Dr.
18 bottom, it looks like from on June 21, 2015, at 8:49 a.m. What
22 attachment?
1 Q. How much time has passed between this article and the
5 A. That secrecy --
7 screen.
25 communication?
1 A. No.
10 that he was looking for, and at some point in time there was a
15 individuals.
3 A. Yes.
8 A. Yes, I am.
10 A. Yes.
18 please.
2 A. I am.
4 A. He is.
14 went over.
16 A. Yes.
12 A. "The RFP process for the Buffalo Billion was open and
16 release."
25 himself."
10 message?
14 the points, appear to be the same as what you just read in the
16 A. It appears to be.
25 Q. What did you understand Todd Howe to mean when he asks "Is
11 this document?
12 A. Yes, I do.
13 Q. What is it?
18 A. Yes, I am.
4 for Newsday.
6 you?
7 A. It's a very long, in-depth, very deep dive into the RFP
8 process.
14 A. That came from the media statement that we just went over.
17 A. "But the open book New York website and the state
24 lack of preaudit?"
2 Preaudit, I'm not exactly sure what the nuts and bolts of a
12 RFP process?
13 A. Yes.
16 A. Yes.
18 A. He is.
5 call 'in a timely manner' and was eliminated. Can you please
12 were then contacted. Does that mean all nine were contacted?
13 Please note which bidders were contacted and how long they were
15 What date was the correction sent to bidders and what date was
20 them to?
22 Carl Kempf.
24 A. He was, is, the lawyer for Fort Schuyler, did a lot of the
3 them. There was a lot of the nuts and bottles of the RFP and
5 attorney.
8 Q. Why?
11 identification as --
15 it into evidence.
2 A. I do.
3 Q. What is it?
9 A. Correct.
12 start with that part, "On September 22, 2015." Who does this
13 appear to be from?
16 A. Dr. Kaloyeros.
20 what's below that. How did this op-ed piece come to be?
21 A. I think that there must have been a desire to, again, try
22 to set the record straight, that the process was by the book as
4 territory.
10 value that place New York and this institution at the leading
13 Keep going?
15 A. "Of course, SUNY Poly and our related entities follow New
21 misleading."
13 A. That was Dr. Kaloyeros's -- the company line. That was Dr.
23 admission?
14 policies.
15 Mr. Boone.
7 practices.
22 Integrity."
3 releasing the draft RFP should state for which sections of the
6 e.g., Appendix A, which sets forth the standard clauses for New
24 first sentence.
1 what is required."
4 informative as possible."
9 screen.
17 talked about.
20 find it.
21 A. I have it.
23 A. Yes, I do.
24 Q. What is it?
19 looks like Tom Precious has sent you another email. What is he
24 with the first two. If you could read those into the record
3 people read the RFP before it was published, and from what
13 50-year requirement?"
4 "I think you send him." Do you see that? It's sort of split.
5 I think it's just split on the page. It looks like Howe writes
7 A. "I think you send him the respective press release and say
9 that.
17 A. Mm-hm.
19 A. Yes.
1 A. "Got it."
3 A. "Reminded him just now that the Buff News has not done an
8 A. The Buffalo News editorial page had not come out on this
17 A. Yes.
18 Q. What is it?
21 and myself.
8 the CEO in Sweden over the weekend and received very positive
15 and noted that they would have a great deal of interest in GaN
10 e-mail?
11 A. I don't.
15 A. Yes.
16 Q. What is it?
18 Politico.
20 A. Yes, I am.
7 A. "Todd Howe."
14 like you forward this question on. Who do you forward it to?
18 these guys.
19 Q. Okay. If we can zoom out and just finish the chain. Does
20 Kaloyeros respond?
21 A. "Check my e-mail."
5 the jurors.
7 A. Yes.
8 Q. What is it?
10 prior e-mail.
19 redactions.
24 A. So, yeah, again, it's about Mr. Howe and his relationships
11 Howe's work for SUNY Poly, which was part of an agreement the
12 school struck with the Albany law firm of Whiteman, Osterman &
13 Hanna in 2007.
18 strategy matters.""
2 crafting a response.
12 A. Dr. Kaloyeros.
18 A. "Doyle, the SUNY Poly spokesman, did not say whether the
19 school was aware that Howe was also advising Ciminelli and COR.
20 First of all, Alain does not need a chief of staff, and whoever
25 and between the private and public sector and Todd is their
1 lead guy."
3 where it says "Doyle did not say whether the school was aware
4 that Howe was also advising Ciminelli and COR." Where did that
8 to you.
9 A. Right.
12 of that quote?
15 A. Alain Kaloyeros.
19 in the private sector and between the private and public sector
22 from?
25 Q. Did there come a point in time when you learned that Fort
3 A. Yes.
12 A. Myself, others around me, you know, the people, the folks
21 documents, etc.
23 investigation?
1 A. That it was, you know, looking into the RFP process, you
6 A. Yes, I am.
7 Q. What is Wickr?
13 A. Todd Howe and Alain Kaloyeros were using it. And then I
15 Q. Well, did there come a time when you were asked to use it?
16 A. Yes.
25 time.
4 A. Yes.
14 A. Both.
16 Kaloyeros?
19 Q. So what's WhatsApp?
21 manner.
24 app.
1 Kaloyeros?
10 A. No.
12 questions.
16 possible?
20 jury room. I'm not excusing you for the day. Just step back
21 into the jury room. We'll call you back in a few minutes.
23 (Jury excused)
2 scheduling.
15 today two hours turned into three and a half, I want to err on
17 10:30.
23 objecting to.
7 case?
9 your Honor.
16 make.
20 defense case.
25 short.
9 time in 2013 --
15 Syracuse RFP.
20 We provided there has been some materials that Mr. Young has
21 reviewed, and would be able to say that the e-mail that comes
1 process of flying down here right now though for him to come
2 and testify about it. That is the one I wanted the opportunity
12 up. And frankly, we just don't see what possible relevance Dan
16 name Dino Dixie, Dino Dixie may have been speaking about a
19 was sent an e-mail about the Syracuse RFP. And his reaction to
20 seeing -- excuse me. The Nano RFP. Was to reach out to Todd
21 Howe and make sure, and Todd Howe to respond and say got it too
3 So, we'll come back to this and argue about it after I've sent
16 the no Lou chart, and the government says they will look at it
5 tomorrow.
8 it qualifies yet as a --
11 got two short witnesses from Syracuse and we've got two hours,
14 on the stand.
18 resolve some of these issues this evening, then you don't have
22 know how, I think there are real motions in this case. And so,
9 we're going to have them sitting in the jury room for another
10 hour because the attorneys haven't worked out the things they
11 could have worked out other than when I had a jury sitting in
17 earlier we get the motions, and the earlier we get the chance
20 in.
4 (Jury present)
6 your patience. This has been a day where we've spent much of
10 not finished with this witness, but it will take too long to
19 10 o'clock.
21 radio about the case and don't read about the case. Have a
23 10 o'clock.
24 (Jury excused)
3 (Recess)
7 gather things?
9 issue?
13 morning.
6 with the Court. There are three remaining snippets that we'd
7 like to introduce.
20 recall, you don't include the fact that he pled guilty to this
21 wire fraud.
1 crime against the law firm, ripping off his own firm, and a few
6 very selective.
11 from friends and not paying it back and all that kind of stuff.
14 examination. We've not sat down with the government and gone
16 some of it. The primary purpose here was to talk about the
17 crime against his law firm and a few other selected pieces that
19 here.
23 not. But the point is, the whole reluctance for courts to
2 different, whatever.
11 the residual clause and there are judges in this court who take
25 this jury to know who he is. Simply laying out his nine
3 that. And I mean, we're left with this. We want a little more
6 the outset.
24 is next door.
8 two.
15 give up all the rest with the exception of the arrest during
25 what happened.
12 you did ask me to see whether or not you could put someone on
16 court and I think I know the rules of evidence, and you caught
4 testified to them.
8 with a solution to this problem, and, you know, and again, I've
10 theory want the same end. We want the jury to have an idea in
11 truth who this guy is. What we're talking about, this guy
12 bites the hand that feeds him without the feeder knowing it.
14 works with the law firm, he gets busted, and they go to the
15 court to get him out of trouble, at the very same time he's
18 comes to New York he tries to rip off the Waldorf is not the
19 brilliant --
5 seek to do.
7 I think there are ways for you to get there. My problem is, I
8 think he's available. And I'm not convinced that 807 is the
10 to calling him.
19 our letter dated June 11, 2018. Your Honor, I don't think it
3 purpose?
6 we've laid out all the crimes that he's been convicted of and
11 your Honor.
17 that were introduced through Mr. Schuler that they believe are
7 at some other time, sort of the battle between 608 and 806 is
8 interesting I think.
11 think the Second Circuit tends our way. There are other
13 clear is you have discretion. You know, and there are Second
16 case from Judge Mukasey where Judge Mukasey said no, that's not
22 was stealing from his law firm bear on whether in the back and
24 Kaloyeros and when a lot of times they were seeing what each
25 other was saying and they would know, like, how does it bear on
7 And for his job, this is why everybody hired him, was that he
9 that guy and getting these two guys together to advance their
13 he could repay it, all of that stuff, how does it really have
15 the truth?
20 like, what was the lie? And I'm not saying anything in
21 particular. But how could he have been lying and have the
1 particular?
5 exception.
8 all of the e-mails they've got where it's A to Todd Howe, Todd
13 went there.
16 critical.
24 altered e-mails.
8 Dr. K, that they should believe it's true. So, they have to
13 issue.
24 issue.
17 impeach him the way you would impeach a witness. That rule is
20 convictions.
13 why we have 608(b) rule that you're stuck with the answer.
18 the rule says cross-examine him like you can any other witness,
23 that you can let the jury know this person lied 400 times.
3 defendant.
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
7 a case Moskowitz where they talk about 806. Then they quote
8 from 608(b), the entirety of it, including the part that says
14 How else are you going to prove it? How else are they going to
16 convictions?
22 of the facts?
4 pay back vendors and certain friends and family for personal
5 loans.
21 cooperation agreement --
25 prejudice.
14 that you want the jury to know: that is, he embezzled from his
15 firm. You got in there that they bailed him out of his D.C.
16 conviction.
21 just how bad a liar he is? Maybe. But what else? Why aren't
1 transcript. Put aside the drama that you would get of reading
2 the transcript. What are the facts that you want to elicit
4 stipulation?
10 judgments?
13 THE COURT: More than 10? Is that right? Who put him
14 on? You all are looking blankly. Deny all knowledge of Todd
15 Howe. You said the email that said there is no Todd Howe.
23 is making it up.
8 breathtaking.
20 that he had a walk in the woods, saw Jesus, and all of that.
21 That's utter BS. That's the core of this. That's why what
1 that came from Mr. Howe were statements that were made in 2013,
5 declarant.
7 Garafis, where he says, "If the government does not admit any
14 cooperation."
19 2014.
24 money from WOH in the relevant time period. We have the civil
6 Comment.
22 open issues, and the Court will rule. Either we will have for
4 objection together with your 403 objection and the fact that he
8 testifies, he testifies?
12 this room would kill me. So if you say you've got to call him
25 this TAM?
7 it.
11 of that.
15 Weingarten?
25 admissible?
4 other reason?
6 I would note that if there are specific facts that are in these
12 host of questions about why this person isn't here, why they
13 testified last time, why they are not testifying this time. I
14 think Mr. Coffey pointed out in his opening that Mr. Howe is
17 to call him?
19 THE COURT: When was the last time they saw him?
22 charged they can't speculate and that the witnesses are equally
9 evidence.
12 convictions are?
14 are one or two other pieces that for the sake of completing I
5 why this person was in a prior proceeding, and why this person
13 factual stipulation.
16 way they want to try their case, and the fact that you are
21 rules 608(b).
22 THE COURT: They are, but I'm not sure that I agree
23 with you that 608(b) prohibits this way of approving it. I'm
6 page 2108 lines 7 through line 18. How are you planning to do
7 this?
12 course not.
25 THE COURT: You may. You get one or the other, you
1 don't get both. If you get this one, line 11 through 20 is out
5 be out.
25 there.
8 here nor there because they are not putting him up as a witness
9 in this case.
15 THE COURT: But you also have that he cheated his law
16 firm who had come to his defense, which is the same idea. At
18 out and to get out of this the fact that there was a
25 You get one. You get either his direct or the Bohrer
15 Aiello's attorney.
22 email where Steve Aiello forwards the RFP that he receives from
9 criminal conspiracy.
19 stipulate to that.
20 MR. ISEMAN: Not that she is a lawyer and not what the
1 COR; that Mr. Aiello, when something came in, he would push it
3 goes to show good faith that Mr. Aiello has, that he isn't
15 she can speak to the defendant's inner thinking. The fact that
20 provide other than I suppose that she doesn't think the jury
25 THE COURT: So am I.
5 I'm your legal counsel, and I'm going to advise you as your
7 that.
9 that. I think the jury should know that Mr. Aiello said it to
10 his lawyer and that his lawyer would say if I thought there was
21 fine. The issue is not whether she saw any red flags. The
1 conspiracy.
3 your Honor, of Mr. Aiello's good faith that he did not believe
6 response. The fact that she did not raise a legal issue with
10 province of the jury. But I agree with you that you are
13 the government can save you a trip and the government will
14 stipulate.
17 an attorney, and that no red flags were raised that allowed him
1 this woman?
3 Honor.
5 she told her. In fact I think I cut her off and said we could
19 But the way her testimony will come out is that some of the
22 qualify for the resulting RFP because they would have qualified
23 for the RFP as it was before Mr. Gerardi made the comments on
24 the RFP.
10 institutional clients.
14 She is just going to say that COR has done lots of performance
16 class A office space. All she is going to say is COR has done
24 the other questions, we'll take them as they come and may have
5 THE COURT: Can you put that email back up. Every
6 time I read it I'm not quite sure what it's saying. Help me
7 read this. The Dan Young email is to Steve Aiello and others.
9 trouble"?
11 THE COURT: Then Todd Howe said got it, "Too late."
12 At this point on October 30th was it too late for the Syracuse
13 RFP?
24 surprise the government, but COR does other things besides this
6 city.
19 project.
6 Thanks, Tom."
11 Fort Schuyler.
20 that.
21 THE COURT: Was there an RFP for that that had been
24 Dan Young --
25 THE COURT: I'm sure your client knows and you can
2 something else, but how does it make sense given what came
3 above that? Had there been an RFP for this Kennedy Square
6 anything.
25 Dan Young, know that what he was calling me about was not the
2 in Syracuse?
4 his attorney.
8 government: how is it you know when you put that in there that
17 now, they can't tell you that they know for a fact that that
18 isn't the case. So why are we being called upon to tell you
23 warned them ahead of time that they don't have enough knowledge
10 thinking about the film hub which the defendants say wasn't
11 even in the mind' eye yet. The point is there was one Nano RFP
16 asked you that earlier, and you said you did not know. The
18 other RFP.
2 that project.
4 for Dan Young to put those words in that email. What I can
8 summary chart.
12 Honor. The point is that the testimony that Dan Young is being
18 expressing concern, and Todd Howe saying it's too late. What
21 mind.
24 they know what each other is talking about. I'm not bowled
25 over by that for the very reasons that I have said, which is
2 that theory.
4 was two ships named Peerless, and what Dino was talking about
5 was the unknown, unissued RFP yet, but Steve Aiello on his
10 You can call him. I'm going to let him call him.
13 may.
14 Mr. Miller.
16 saw --
22 response --
4 yesterday.
13 you're going.
17 and Le Chase Construction. As you can see from the first page,
18 Stephen Bills was the team contact person. If you were to turn
20 this joint submission. You can see the developer proposal was
21 submitted to Alicia Dicks and Joe Schell, names that are very
22 familiar.
3 Schuyler website.
10 the jury has already heard from. It's exactly the same type of
13
14
15
16
17
18
19
20
21
22
23
24
25
10 mystery to me why you didn't turn it to the first page and say,
11 Mr. Bills -- and every time I say that I think about Saturday
20 don't know anything about it. And you walked away. I'm sorry.
22 turned to page one and you say, Mr. Bills, your name is on
23 this.
19 wide range. For the same reason I don't understand why the
25 10 percent.
8 up and point to the contracts that they showed the jury today
9 and say look at the percentages that are charged here, and then
10 compare that with the testimony they got from these contractors
11 who said, yeah, two and a half to 5 percent is the range. And
12 say, look, somebody came out on the short end of the stick here
7 relevance?
13 THE COURT: That I won't let you do. Are you willing
19 language.
21 And this doesn't go in. You get the fact. You don't care.
22 Perfect.
4 earlier are the only witnesses, and that the defendants will
8 right, right?
15 it.
23 was issued.
15 to the jury?
20 is admitted.
23 look at our chart tonight and we'll hopefully get to the same
24 place.
14 so I withdraw.
17 Syracuse venue documents. And have you sent them, have you
22 numbers.
7 time. Your Honor, that was the July 2014 document, so we'll
15 procurement guidelines.
17 breath.
19
20
21
22
23
24
25
1 INDEX OF EXAMINATION
3 KATHLEEN GARVER
6 JUSTIN ELLARD
10 DAVID DOYLE
12
13 GOVERNMENT EXHIBITS
16 S9 . . . . . . . . . . . . . . . . . . . .1705
17 143 . . . . . . . . . . . . . . . . . . . .1833
18 144R . . . . . . . . . . . . . . . . . . .1841
19 146 . . . . . . . . . . . . . . . . . . . .1853
20 201 . . . . . . . . . . . . . . . . . . . .1855
21 204 . . . . . . . . . . . . . . . . . . . .1820
22 205 . . . . . . . . . . . . . . . . . . . .1824
23 206R . . . . . . . . . . . . . . . . . . .1829
24 208 . . . . . . . . . . . . . . . . . . . .1837
25 GOVERNMENT EXHIBITS
2 211 . . . . . . . . . . . . . . . . . . . .1849
4 1044-R . . . . . . . . . . . . . . . . . .1856
5 1045R . . . . . . . . . . . . . . . . . . .1848
6 1082 . . . . . . . . . . . . . . . . . . .1845
7 1083R . . . . . . . . . . . . . . . . . . .1827
8 1503 . . . . . . . . . . . . . . . . . . .1707
10 DEFENDANT EXHIBITS
12 31 . . . . . . . . . . . . . . . . . . . .1750
13 4 . . . . . . . . . . . . . . . . . . . . .1929
14 718 . . . . . . . . . . . . . . . . . . . .1929
15
16
17
18
19
20
21
22
23
24
25