Which is why, posited Thomas, Miller changed his tune after he was indicted and entered into a plea agreement in September 2011 to tell federal agents what they wanted to hear.

"You knew you were looking at basketball scores for a sentence," said Thomas. Later he added, "You saw the government as a train at the end of the track and unless you got out of the way, you would get hit."

"Yes, I will be testifying in hopes that I will get a sentence reduction," said Miller.

But then he amended his statement saying, "Cooperation is cooperation. If they are happy or sad, it's still up to the judge to decide sentencing."

Court resumes at 9 a.m. Monday.