Signed a plea to cooperation. Pleaded guilty to one count of conspiracy to commit bribery. Sentenced to 30 to 37 months which could be lowered if he testifies truthfully.

10:30AM Bullotta thinks he is probably done but wants to confer with prosecution. Judge agrees and calls for 20 minute break.

9:46AM Looking at consulting agreement with Syncom. Effective March 15th 2006. Shall terminate on 3rd anniversary of commencement sate, March 15th 2009. Compensation is $25,000 per calendar quarter. Agreement signed by Terry Jones and Marc Cunningham. Summer of 2006, July or August, witness offered new job by Kwame. Offered job as mayor's executive assistant. Worked there until 2008. This agreement was in effect before he took the job. Cunningham took the consulting agreement to John Johnson in city law department. As executive assistant, witness went wherever Kwame needed him, "rolled with him", prepped for events and managed the office. Basically, Kwame's personal assistant. Witness showed consulting agreement to city law department and changed his quarterly payment to $15,000 from $25,000. Says he altered because he was concerned that people knew how much he was getting paid. Didn't want it out there- wanted it to be private. Felt that if people knew how much he was making, people might ask him for more. Witness says he gave some money to Bernard Kilpatrick and was worried he would have to give him more. Meeting at Mosaic restaurant with Chris Jackson, mayor, Beasley. Those are people he recalls being there. Remembers Chris or someone saying that he had to go into a deal with BK- Bernard Kilpatrick. Consulting agreement in process, not sure if $30 million was approved at that point. Bernard did nothing to secure pension deal. The $30 million eventually got fully funded and witness started receiving commission checks for $25,000. Came as checks which he deposited in his bank. would take out 10,000 or $15,000 in cash and would give Bernard 3, 4 or $5,000 at a time when he got his checks. Says he paid Bernard because "that's kind of the way it was." Did it to try to gain favor with the mayor by looking out with his dad. To thank Kwame for making sure pension fund deal went through. Cunningham says initially, he wanted to do more deals like the $30 million one so wanted to gain favor.

Witness paid Bernard in cash at discreet locations: at the barber shop by city county building, at his house, in the hallways.

"It was handshake to handshake."

"Wanted to keep it low key. Didn't want people knowing."

Barber shop is in the basement of city county building. Bernard would tell him to meet him there. Would meet outside, shake hands, make exchange and keep moving. Met like this maybe 6 times. Could have been more than $5,000 at times. Bernard would say "It's about that time." Was his way of asking if Cunningham got his commission’s fee. Sometimes Kwame would ask about it. Maybe once or twice.

If witness gave Bernard less than 5k, Bernard would comment "it's a little light." In 2007, Kwame and witness talked about witness's ability to pay money. He was financially tight. The check from Syncom had not arrived. "Kwam said 'You got take it easy on my dad this month." Understood that to mean that he didn't have to pay his dad as much. Told his wife and friend Phil Regan, an attorney, about the financial arrangement. Looking at pictures we have seen before of the mayor's office. Looking at the barber chair room. Describes it as a "private chamber room." Remembers mayor going in there alone with fundraiser Emma Bell, Bernard and Ferguson at different times. Witness says when mayor talked to Ferguson he was not allowed to participate in the conversations. Doesn't know why he couldn't participate. Never was part of contract discussions between Kwame and Bobby. Never there when issues came up. He doesn't know what they talked up when they went into the room.

10:05AM Witness says he knows office was swept for bug's- mayor's office and the private chamber were both swept.

September 2007, got a call from a reporter with the Philadelphia Inquirer. Talked about an FBI sting that was going on. Asked if he knew about it. Now Bullotta backing up to April 2007. witness worked with Kwame. Met with some out of town people who wanted to do a deal in Detroit. Gave him $5,000 in cash. It turned out it was the FBI.

Cunningham felt terrible when he found out. Called mayor and met him at the airport to talk to him about it. Mayor knew what he was talking about. Cunningham says he was planning to put the money in the Kilpatrick Civic Fund. Kwame said to put the money in the Civic Fund and they would get a receipt for it. Met Kwame at the airport because he assumed that the phones at the office could be bugged. Kwame was arriving from somewhere. "Classic set up. Should have known better," said Kwame to witness. "Yeah I know" said Cunningham. Cunningham never put the money in the Kilpatrick Civic Fund. Witness trying to raise money but Kwame told him to forget it, that it wasn't going to work. Main reason he didn't put it in was because initially he didn't have money. When he did, Kwame thought it was a bad idea. Kwame then told him to lay off payments on Bernard. Moved Cunningham to the film department. Kwame felt he was "too hot" to be his executive assistant. He served as liaison between city and filmmakers.

Moving to 2008. Cunningham learned that his phone had been intercepted by the government. Initially learned it when he was home and a reporter came by and knocked on his door in the middle of the day. after that, witness got a hold of Kwame and went to the Manoogian Mansion. Kwame said "I told you." Kwame showed him a letter that he had that showed the phones were being tapped. But the witness didn't know about it. Doesn't remember physically seeing him but Kwame told him about it. Basically said that his phone was tapped. Went to the back of Manoogian, outside by the river. Says they were talking in code, both were covering their mouths. People were outside and they were paranoid. Witness suggested they get different phones. So they did. Kwame gave him cash and he went to get the Metro PCS 30 day phone- "burnout out" phones. Got about 5 or 6 of them. He distributed them: to the mayor, Jonathan Quarles, the new executive assistant. Still kept the Blackberries but put them in Cunningham’s name. Doesn't know why. Remembers going on Bermuda trip with mayor, Dedan Milton, Mike Martin, Dwayne Love and Beasley, Ferguson. They flew there on local billionaire Tony soave's jet. Played golf and met with the Prime Minister.

"Just sort of hung out." They went to the cup match, a big cricket event where they met the PM. Witness describes the trip as a "kick off the new regime" trip. He had just started working there. He made a contribution to the trip- maybe $500 to $1,000. but definitely not enough to cover the cost of the trip.

"It was a nice trip."

Witness says that Kwame had "2, 3 racks"- 2 or $3,000.

The trip occurred in July or August 2006. They stayed at a house on an island in the middle of Bermuda. In May 2007, went to Las Vegas for the La Hoya prize fight. Witness says they flew there. Thinks it was a private jet too. Ferguson, Bernard went on the trip. Doesn't remember if Beasley was there. Went to Vegas more than once. Once with mayor, Lucius, Derrick Miller, Chauncy Mayfield, with the pension fund. It was on a private plane. Thinks that the Chauncy dude paid for it. It was a "fella's trip", they played golf. On another trip to Vegas, went for some union stuff. Remembers the golf bag with "the Mayor" inscribed on it. He was the mayor, says witness, why wouldn't he have the bag. Doesn't remember doing any work to raise money for Kilpatrick Civic Fund.

Witness says he knows Mahlon Clift. Good friend from Chicago. Also went to Florida A & M. with him and Kwame.

January 2010, received a visit at his him from FBI agent Bob Beeckman. Told him he knew about the sting operation- the $5,000 he took from the undercover people. He was shown a still shot of the hotel room where the exchange took place. Explained to Beeckman what happened. Said he didn't know why they were offering him the money. Initially told Beeckman that he didn't take the money. Said he gave it back because he didn't want it.

Says he told Beeckman that because he was afraid. But after he calmed down and thought it through, he came clean to Beeckman. witness could tell that Beeckman knew he took the money. Witness says he told the agent he'd get in touch with his lawyer.

Signed a plea to cooperation. Pleaded guilty to one count of conspiracy to commit bribery. Sentenced to 30 to 37 months which could be lowered if he testifies truthfully.

10:30AM Bullotta thinks he is probably done but wants to confer with prosecution. Judge agrees and calls for 20 minute break.

10:48AM Still on break. Most of the defense team is probably at the first floor snack shop but I'm not headed down there because there is a smorgasbord of food here in the media room. We're definitely in the holiday spirit in here. Fellow journalist Teresa Baldas made some amazing chicken bruschetta. I had 3 and I'm still eyeing the platter. There was even a special request for one from bobby Ferguson.

10:55AM Break is over. Judge begs the indulgence of the jury. Cunningham in from Chicago so they are going to try to finish him today. So we may run a little late today.

Jon Shea for Bernard Kilpatrick cross examines.

Shea ask if witness is in cooperation agreement with government because they stung him on the $5,000 operation. Cunnigham agrees that is so.