BLOG: Motion hearing in corruption trial of Kwame Kilpatrick and co-defendants

DETROIT (WXYZ) - Lawyers for both the prosecution and defense continued to set the stage for former Detroit Mayor Kwame Kilpatick's federal corruption trial on Monday during what is known as Motion day.

They made their cases, settling a number of issues that needed to be decided before the trial can begin.

You can read a blog of the events of the morning session below:

11:15 am Judge says she will not toss out the two aiding and abetting counts.

11:10 am Prosecutors say they did not mess up--they say the elements are there in counts 16 and 17.

11:08 am Ferguson's attorney says the indictment for counts 16 and 17 do not include the elements of aiding and abetting. "I think prosecutors just messed up," says Ferguson's attorney Susan Van Dusen.

11:05 am Bobby Ferguson's attorneys are asking that some counts be dismissed. Two had already been dismissed. They say the counts don't state an offense. Counts 6 and 13 were the two already tossed out, but not counts 16 and 17.

11:00 am Prosecutors say defendants spoke in a type of short hand in text messages that will need to be explained to jurors.

10:57 am Defense attorneys for Bernard Kilpatrick say they hope prosecutors don't give mini opening statements each time a new chapter in the case begins.

10:53 am A representative of SkyTel will testify at the trial about text message authentication.

10:50 am Bernard Kilpatrick's attorney asks if SkyTel's data will be authenticated? He says government does not have any of the phones, just third-party data.

10:48 am Prosecutors say texts use nicknames, distinctive phrasing, and specific insider information only defendants would know about.

10:46 am Prosecutors say distinctive characteristics will help authenticate text messages.

10:45 am Prosecutors worry about needless delays over authenticating text messages during the trial.

10:40 am Prosecutors say this trial is basically about proving that a conspiracy existed.

10:38 am The government says Mercado was an integral part of the racketeering organization and was well compensated for his role.

10:35 am Attorneys for Victor Mercado say there is insufficient detail to explain how his actions were illegal. They say they were legitimate actions in his role as director of the water department. There are no details that show he was aware that bribes were given.

10:33 am The judge says she is satisfied that prosecutors have provided enough specifics.

10:31 am Prosecutors say Bernard Kilpatrick received a trip to Orlando and two checks of $20,000 and $30,000 from the Kilpatrick Civic Fund for doing no work.

10:27 am Lawyers for Bernard Kilpatrick, Kwame Kilpatrick's father, say they need more details from the government in terms of what evidence they have against Bernard.

10:25 am The government says there will be 170 witnesses at trial.

10:21 am Mercado's attorneys says Christine Beatty received $140,000 from the Kilpatrick Civic Fund after she left the administration. He says this was illegal. They say they need the paperwork behind this for the trial.

10:18 am Attorneys for Victor Mercado, who headed up the Detroit Water and Sewerage Department, says Mercado was an outsider in the Kilpatrick administration.

10:15 am Lawyers are in position and the judge is ready to go.

Stay with 7 Action News and WXYZ.com for the latest on the Kilpatrick trial.

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