In your dealings with Ferguson, did you ever discuss perceptions of Mercado? I can't remember.

Did he ever refer to Mercado deragatorily? I can't remember says witness.

Did you ever hear Ferguson use a pejorative term when talking about Mercado?

9:27AM Judge interrupts and says we have to take a quick break for an emergency. Must be a juror again.

9:31AM Alright, so important correction. Hard to tell on the monitor but it would seem that Bobby Ferguson is wearing a blue pin stripe jacket, orange shirt and pants and came into the courthouse wearing a Tigers cap.

9:33AM Judge Edmunds is back in the courtroom.

9:34AM Crandall continues cross.

Did Ferguson ever use terms like slick man, untrustworthy and he's full of shit? I can't remember.

Do you know from your conversations that Mercado and Ferguson didn't get along? "Bobby's personality was one of challenge."

The meeting you had when Ferguson came to your home that was after you had been selected in your mind for 2 contracts for DWSD? Yes says witness. Which contracts were they 1361 for as needed sewer repair? Yes.

And 1387 was as needed construction? Yes.

You learned in April 2003 that you had been selected for those? I can't remember.

Crandall approaches the witness with a letter from Mercado to refresh his memory. Asks him to read it.

Chutkow objects saying that it is an unsigned letter. Judge overrules.

Witness not sure he remembers letter. Says it is addressed to Rachmale.

Is it fair to say both contracts were as needed contracts? I don't know.

As needed contract is one that might ward up to a ceiling but could award anywhere beneath it depending on needs of DWSD? Yes.

Later was your primary contact at DWSD? Yes.

Do you remember discussing these contracts with him? Yes.

Do you remember Latimer telling you in early 2003 that contract 1387 might be cut for cost savings? I don't remember that says witness.

Did you communicate with Latimer via email? I'm not sure.

Did he share emails with you? I'm not sure.

If I showed you an email from February 19 2003 from Latimer to Mercado about 1387 might that refresh your memory? No.

As director of DWSD are you aware of how many contracts Mercado had to deal with? No.

How many contracts did you have running with his at once- with Lakeshore from 2003-2006? I believe there were either 2 or 3.