Did you agree it was a pretty good estimate? I agreed says Cunningham.

"That's the estimate I'm going with."

Isn't it true you told investigators you paid him that because he voted for pension deals? Witness says that he was his friend and he would have paid him regardless. Cunningham says one of the investigators that it was in the back of his mind because he helped him and witness says he agreed with investigators.

Cunningham says he would have given Beasley money out of love for his friend.

Every 3 months Beasley would ask him for money. Coincidently around the same time at Syncom commission checks.

Told investigators that their code for payment was when Beasley would ask "are you straight?"

Witness says it was more to check if he was fine.

Shea says put you paid him money at least in part because he took care of you on pension fund deal. Ok fine says witness.

No one else knew says witness about Beasley payments.

11:37AM Jim Thomas for Kwame cross-examines. Asks Cunningham how he's doing.  

"I've been better." Cunningham testifies that both he and Kwame met their wives in college. Witness says he has embraced the Kilpatrick family and is still fond of them. Thomas saying Kwame helped to talk his son into taking showers because apparently the kid didn't like to take them. Cunningham's wife worked for Kwame's re-election campaign. Witness says he was aware that the re-election race was very close and Kwame had a lot going on. Also aware of the recount. Says his wife was hands on with recount, actually counting ballots. Witness says that the Kilpatricks were capable and dedicated people. The only person more hard-working than the mayor is "Adrian Peterson maybe" says the witness. Cunningham says Kwame was a great mayor. The spirit of the city was high. There great programs in place. Cunningham says people can't actually say anything negative about what he actually did for the city. "The things he accomplished were unbelievable." "Lights were working and things were getting done," adds the witness. Witness says mayor had very competent staff.  Walt Watkins was "A1". Christine Beatty and Anthony Adams also very competent. Cunningham says that Derrick Miller did his own thing. He was never around. He was off on special projects. "I never knew what he did. He was like Kwame," says Cunningham. Witness says he had opinion he became less and less engaged. Thomas says so Derrick went rogue? Witness agrees. Now Thomas discussing pension board. There were 2 pension funds, police and fire and the general fund. Witness agrees. Thomas says that Jeff Beasley was highly principled and wouldn't have done anything unethical on the board. Correct says witness. Thomas says there were also union people on the board. 7 people on the board and the majority are union people. there would be a presentation to the board which is considered after due diligence by the board. Thomas said Syncom very well prepared presentation. Yes says witness. Witness says that the deal went through quickly because it was a very good deal. Cunningham says he wasn't there when it was actually approved. Talking about Mosaic meeting. Thomas says you can't swear under oath Kwame was there. I can't swear says Cunningham. So he couldn't have talked to you about Bernard. If he wasn't there says Cunningham. Thomas said you might have told Kwame about the commission to his father. Yes says witness. Thomas asks witness if he is looking at the government for prompts.

"I was looking at you," says witness. Cunningham is laughing. Thomas says so at one point you went to Kwame and said you didn't have more money. And he suggested to you that his father not pay that month. Correct says witness. Thomas talking about CMAC- Coleman A Young City Council building. Witness went there every day. For some reason talking about the cafeteria in the basement. Seems that where the barber shop is where he would meet Bernard for money exchanges. Looking at  mayor office photos introduced during fundraiser Emma Bell's testimony. Thomas says there is a hub of activity in that office. Cunningham agrees that there was. Thomas says the doors are frequently open and closed. Yes says witness. Thomas asks if he ever saw Kwame with large amounts of cash except that time in Bermuda. No says witness.

Thomas asks if he felt he had a large amount of discretionary cash. "10 or 20 thousand dollars? No," laughs Cunningham. Thomas says about small side office that going in there didn't seem inappropriate. "Appropriate or inappropriate, I don't know," says Cunningham. Thomas talking about Sheriff Warren Evans not being in the administration at the time. Evans' office was not in the mayoral office. Now talking about the sweep for bugs of the offices. Earlier testimony by the Spy Ops guy indicated Evans's office had been swept. Cunningham says there could be legitimate reasons for sweeping offices. Like during re-election campaign being wary of what opponent Freeman Hendrix may be doing.

Cunningham agreeing that he was embarrassed he was being federally investigated and that he was afraid it was going to taint the mayor.

Thomas says the mayor went to you, put his arm around your shoulder and tried to console you. Witness agrees. Thomas is saying you aren't saying that he rolled up his sleeves and conspired to cover it up. Witness says we met, talked and then the suggestion was come up with $5,000 and try to put it in the Civic Fund. His idea or yours? It wasn't mine says Cunningham. He didn't say where I should get the 5 thousand from but just that I should get it. But then further down the line he said it wouldn't work. Cunningham saying this is what Kwame told him.

12:05 PM the last thing he told investigators when he took the $5,000 were that he was going to put it in the Civic Fund.

Judge just yelled at Thomas to wait until witness has finished answering. Kwame is upset. Thomas goes over to talk to them. Bernard and Kwame have been passing notes back and forth. Thomas says Kwame told you to put the tainted money in the Civic Fund? Cunningham says Kwame told him to come up with the 5 thousand to put in the Civic Fund. Just noticed that Susan Van Duson is not in the courtroom.

Judge summarizing what the witness is testifying. Cunningham says he spent the $5,000. So you lied when you told them you were putting it in the Civic Fund? Yes says witness. Then you got busted? Yes. Thomas goes back to consult with Kwame. Thomas says Kwame told you he could fire you because of the problem? I don't remember him saying. Do you remember him saying that he wasn't going to fire you because of your wife and kids? I don't remember that. Did you get demoted? Yes says witness. He became the director of the film department.

Did he not tell you that you had 6 weeks to find another job? I don't remember that. Now Thomas goes to testimony about phones and concern about security. Thomas says that mayor was travelling outside of country and regular phone not compatible for that but Blackberries are.

At that point, Blackberries were the pinnacle of technology both Thomas and Cunningham agree. Talking about foliage around the Manoogian.

 "Did you cover your mouths because the FBI might see you from Belle Isle." I don't know says witness.

Cunningham agrees that Tony Soave and Kwame were good friends. Cunningham agrees that he heard Soave say to enjoy use of the jets.

Cunningham doesn't remember going to the PM of Bermuda's residence. Thomas saying Bermuda was sister city to Detroit.

Now talking about sport of golf. Thomas says do people talk and do business playing golf. Yes says witness. Thomas asks if trips playing golf were mixed business and pleasure. Yes says Cunningham. Talking about Mahlon Clift, the jeweler who testified earlier in the trial. Cunnigham says he doesn't know if Clift handled large amounts of cash in his job. Thomas says Ferguson and Clift were cool with each other. Yes says Cunningham. And if we were cool and I asked you to carry $90,000 through the airport would you do it? Cunningham says we're not cool like that. Clift testified to carrying $90,000 through the airport under Ferguson's instructions to give to Kwame. I'm not cool asks Thomas.

 "I'm not saying you're not cool. I'm saying we're not cool," laughs Cunningham. Thomas says he has nothing further.