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318-746-2663 Allied goDEPO 800-503-2274
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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
LAFAYETTE-OPELOUSAS DIVISION
CASEY ARCENEAUX, ET AL * CIVIL ACTION NO.
VERSUS * 09-CV-01236
LAFAYETTE CITY POLICE * JUDGE HAIK DEPARTMENT * MAGISTRATE JUDGE HILL
* * * * * * * * * * * * * * * * * * * * * * * * * *
The deposition of ROBERT KEY, taken in
connection with the captioned cause, pursuant
to the following stipulations before CONNIE
MARKS, Certified Court Reporter, at the offices
of DOUCET-SPEER, APLC, 617 St. John Street,
Lafayette, Louisiana, on the 26th day of April,
2012, beginning at 5:17 p.m.
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1 APPEARANCES:
2
3 FOR THE PLAINTIFF, CASEY ARCENEAUX, ET AL:
4
5 MR. JEFFERY F. SPEER MR. MICHAEL A. RAINEY
6 DOUCET-SPEER, APLC 617 St. John Street
7 Lafayette, Louisiana 70502-4303 E-mail: [email protected]
8 E-mail: [email protected]
9
10 FOR THE DEFENDANTS, JIM CRAFT, MICHAEL ANTHONY
11 MILLAZO, LAFAYETTE CITY PARISH CONSOLIDATED GOVERNMENT:
12
13 MR. JASON B. BOUDREAUX GIBSON-GRUENERT, PLLC
14 600 Jefferson Street, Suite 600 Lafayette, Louisiana 70502
15 E-mail: [email protected]
16
17 ALSO PRESENT:
18 Mr. Gautreaux, IT technician
19
20
21
22
23
24
25
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1 S T I P U L A T I O N
2 It is hereby stipulated by and among counsel
3 for plaintiff and counsel for defense that the
4 deposition of
5 ROBERT KEY
6 Be taken before CONNIE MARKS, Certified Court
7 Reporter, by counsel for the plaintiff for all
8 purposes, pursuant to notice and to the provisions
9 of the appropriate statutes of the Federal Rules of
10 Civil Procedure.
11 The parties hereto waive all formalities in
12 connection with the taking of said deposition,
13 including the reading and signing thereof, except
14 the swearing of the witness, and the reduction of
15 the questions and answers to typewriting.
16 Counsel for all parties reserve all objections,
17 except as to the form of the question and
18 responsiveness of the answer, at the time of taking
19 said deposition, but they also reserve the right to
20 make objections at the time said deposition or any
21 part thereof may be offered in evidence, with the
22 same rights as if the testimony had been taken and
23 given in Open Court.
24 * * *
25
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1 INDEX
2
3 EXAMINATION BY MR. SPEER . . . . . . . . . . . . . 5
4 EXAMINATION BY MR. BOUDREAUX . . . . . . . . . . .37
5 EXAMINATION BY MR. RAINEY . . . . . . . . . . . .117
6 RE-EXAMINATION BY MR. BOUDREAUX . . . . . . . . .132
7 RE-EXAMINATION BY MR. RAINEY. . . . . . . . . . .136
8 FURTHER EXAMINATION BY MR. BOUDREAUX. . . . . . .137
9
10 OBJECTIONS:
11 BY MR. SPEER . . . . . . . . . . . . . . . . 81, 94
12 BY MR. BOUDREAUX . . . . . . . . . . . . . . . .131
13
14 EXHIBITS:
15 Exhibit 1 (Maintenance records). . . . . . . .114
16 Exhibit 2 (Photo of office). . . . . . . . . .116
17 Exhibit 3 (Driver's license) . . . . . . . . .116
18
19
20
21
22
23
24
25
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1 ROBERT KEY,
2 Who resides at 1020 Dautreuiel Lane, St.
3 Martinville, Louisiana 70582, after having been duly
4 sworn, was examined and did testify as follows:
5 EXAMINATION BY MR. SPEER:
6 Q Mr. Key, my name is Jeff Speer. I represent
7 the Damond family as a result of a shooting of
8 a Shane Damond that happened at a Circle K
9 store at the corner of Louisiana Avenue and
10 Mudd on July 26, 2008. Would you state your
11 full name for the record, please?
12 A Robert Key, K-e-y.
13 Q I've been putting an "s" on it; it's just Key?
14 A Correct.
15 Q Okay. Mr. Key, where do you currently reside?
16 A 1020 Dautreuiel Lane.
17 Q And where is that?
18 A St. Martinville.
19 Q All right. And where are you employed?
20 A I'm not; retired.
21 Q Okay. On July 26, 2008, did you work for
22 Circle K?
23 A I think so.
24 Q Okay.
25 A I might have went back there.
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1 Q Were you the store manager at the time of the
2 shooting that occurred at that Circle K?
3 A Yes.
4 Q Were you present at the scene on July 26, 2008,
5 either before or after the shooting?
6 A Well, after the shooting I was present because
7 the police department called me and asked me to
8 come out and secure the store because there had
9 been an incident.
10 Q Okay. Do you know who it was that called you?
11 A I want to say Mr. Brown, you know, I'm not
12 certain, but I want to say it was him because
13 after I got to the store, there was tape. I
14 couldn't pull into the lot, so I circled the
15 block and I got and parked my vehicle over by
16 the golf course.
17 Q They had tape --
18 A And Mr. --
19 Q I'm sorry, go ahead.
20 A And Mr. Brown met me halfway on the block on
21 the far side of the street.
22 Q And at that time, what was your position with
23 Circle K?
24 A Store manager.
25 Q Of that particular store?
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1 A Yes.
2 Q Was you also manager of other stores or just
3 that one?
4 A Just that one, at that time.
5 Q All right. As the store manager of that
6 store -- well, before I go any further, let me
7 ask you: Did you have an employee working for
8 you at that time named Sandra Broussard?
9 A Yes.
10 Q Okay.
11 A As a matter of fact, I think she was working
12 the midnight shift.
13 Q All right. As you sit here today, are you
14 familiar with, still remember, the surveillance
15 equipment used in that store?
16 A I don't know the name of it; I know we changed
17 it about a year after that.
18 Q About a year after the shooting?
19 A Yes, it was after the shooting.
20 Q At the time of the shooting, it's my
21 understanding, as the computer screen there
22 shows, that there was a surveillance system
23 that had six different cameras.
24 A Can I turn that here?
25 Q Yes, of course you may. That had six different
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1 cameras that focused on the cashier, various
2 aisles of the store, the storeroom, the office
3 and the parking lot; would that be correct?
4 A That's correct, sir.
5 Q And that system, do you know who manufactured
6 that system or not?
7 A You asked me a difficult question, I truly
8 don't know.
9 Q Okay. Well, tell me this: Was it the kind of
10 system that all the cameras operated at one
11 time? You turn it on, all the cameras came on
12 or did you have to go and turn on one camera at
13 a time?
14 A No, all the cameras are on. Now, if you had a
15 malfunction that particular camera wouldn't be
16 operative to the building, you know. We did --
17 they were really good with the maintenance for
18 getting those things fixed.
19 Q You had good maintenance?
20 A Yes, sir.
21 Q Okay.
22 A Because I did -- I seen that everything was
23 working.
24 Q Tell me what kind of system was it. Did it
25 record all of the video that it took onto a DVR
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1 or did it record it onto a VHS tape or DVD or
2 what?
3 A You got me with those names. About the only
4 thing I can tell you is just that if an
5 incident took place at, say, at say the island
6 and --
7 MR. BOUDREAUX:
8 I'm sorry, at the what?
9 A On the island, where we sell gasoline.
10 MR. BOUDREAUX:
11 Oh, okay. Okay. I'm sorry.
12 A And if the system was working, we could go back
13 to the system, to the DVR, and we would put a
14 tape in there and we calibrate the signals from
15 beginning to ending. If it said from 4:00 to
16 6:00 that we need to look at, that's what we
17 put in, from 4:00 to 6:00, and then we could
18 tape that.
19 BY MR. SPEER:
20 Q Now, when you say "tape," was it on a tape or
21 was it like a round CD or DVD?
22 A Round, you got it.
23 Q Okay. So, it was like a CD or DVD?
24 A Yes, sir.
25 Q It was not a tape?
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1 A No. I said that wrong.
2 Q Okay. But, no, that's just a question though;
3 correct?
4 A Yeah, you're right. You're right.
5 Q All right. So, but when the store manager, say
6 you go to work and you turn the system on, you
7 get there, all six of those cameras are working
8 all the time?
9 A All the time.
10 Q All of those cameras should be running
11 synchronized at the same time?
12 A Correct.
13 Q Okay. I have an issue and I would like --
14 MR. SPEER:
15 Wayne, just back up and press play on
16 all of them, if you can do it.
17 BY MR. SPEER:
18 Q Now, I'm looking at this and there's six
19 different little screens.
20 A (Witness reviews video on computer). Okay.
21 Q And it's different, there's time and date on
22 each one, correct?
23 A Well, the time should synchronize, like you
24 said.
25 Q All of them?
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1 A Regardless of what's going on in front of that
2 particular camera.
3 Q Okay.
4 MR. SPEER:
5 Stop it.
6 BY MR. SPEER:
7 Q This is a question I got: We obtained --
8 MR. BOUDREAUX:
9 Jeff, can I ask a question? He said
10 something about the island and --
11 MR. SPEER:
12 He's talking about the gas pumps.
13 MR. BOUDREAUX:
14 And he said he didn't see the island.
15 My question is: Should you be seeing the
16 island on those cameras?
17 A You should.
18 MR. BOUDREAUX:
19 That's it.
20 BY MR. SPEER:
21 Q Okay. Well, all the cameras operate at the
22 same time?
23 A Yes.
24 Q They should all have the same time on each
25 camera?
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1 A Same time. Well, I've seen them be off a
2 little bit.
3 Q How much?
4 A Three or four seconds, something like that.
5 Q Okay. Have you ever seen them be ten minutes
6 off? Well, here, let me ask you this --
7 A I tell you what, I've seen them off at the time
8 change, like a time go -- I've seen them off
9 about an hour.
10 Q Okay. When the time changed?
11 A Right.
12 Q Okay. Here's the issue I have, and you were
13 store manager for how long over there?
14 A I think I had been with them pretty close to
15 thirty years.
16 Q Thirty years. So, you're very familiar with
17 the store and the operation and all of that?
18 A Yes.
19 Q On the night that you got called out by the
20 police to secure that location, did you, number
21 one, when you got onto the scene, did you talk
22 to the police?
23 A Mr. Brown met me halfway the block, over by the
24 golf course.
25 Q Now, is Mr. Brown a black police officer?
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1 A Yes.
2 Q Lafayette City Police officer?
3 A Yes.
4 Q Okay. And you talked to him?
5 A Yes, sir.
6 Q Did you talk to anybody else?
7 A Nobody else.
8 Q Did you go and look at the surveillance system
9 with any other police officers at that time?
10 A I don't know if I looked that night, but that
11 following morning --
12 Q Yes, sir.
13 A -- I don't know if it was a detective or police
14 officer, but we did review that -- that's why
15 --that's the first time I took a look at it.
16 Q Did you, at any time, that night of the
17 shooting, the next day, any time, take one of
18 those round DVD, CDs and make a copy of what
19 happened that night and give to the police?
20 A I didn't make a copy, but the police department
21 came in and made a copy and that's when I
22 looked at the camera, and I could vaguely see
23 what was going on out there at night.
24 Q Now, we talking about the camera in the parking
25 lot?
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1 A Yes.
2 Q And you could see what was going on vaguely in
3 the parking lot?
4 A Correct.
5 Q Okay. Let me -- I don't want to put words in
6 your mouth, but it's important, okay? So, I'm
7 going to back up and I'm going to ask you
8 again.
9 A Well, I'm not going to let you put words in my
10 mouth.
11 Q No, no, no, I'm not going to, I don't want to.
12 As I understand it, you just said the police
13 went and got a copy off of the machine?
14 A Yes. Now, listen, I remember Mr. Brown stating
15 he said the police department was responsible
16 for all the cash and all the merchandise that
17 was in the store. And he said for me to go in
18 the store, check the money, and do a random
19 check of everything in the store to make sure
20 there was nothing missing.
21 Q Yes, sir.
22 A And he said, "I'll be back to do a report."
23 Q Okay. Well, back to my question we were
24 talking, I asked you if you gave a copy of what
25 happened off of that surveillance equipment to
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1 the police, and I believe you said, the police
2 went and got a copy.
3 A Yes. And I was there at the time.
4 Q And you watched --
5 A Yes.
6 Q -- and saw vaguely what happened in the parking
7 lot?
8 A Well, when I say "vaguely," you couldn't see
9 anything out there. The only thing I know, it
10 was a car sitting there, or a truck, or
11 whatever. You could see that.
12 Q Okay. All right. Well, --
13 A See, it was in the morning.
14 Q Yes, sir. There were lights on the exterior of
15 that store, was the parking lot lit up?
16 A Yes. I think it was pretty well litted (sic).
17 Q At any time -- as I understand your testimony,
18 at no time did you personally make a copy off
19 of that surveillance machine to give to the
20 police; the police did it themselves?
21 A Yes.
22 Q Do you know what police officers did it?
23 A I really don't know the guy's name.
24 Q Okay.
25 A I know it wasn't Brown though.
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1 Q It was not Brown?
2 A No, it was not.
3 Q Was it a white man?
4 A That's a good question. That's a good
5 question.
6 Q Was it more than one?
7 A Just one.
8 Q When you watched the video and you saw it that
9 morning, whatever was there, how many people
10 were there watching it with you?
11 A Just myself and the officer.
12 Q And that one other officer?
13 A Right.
14 Q The one who made the copy?
15 A Right.
16 Q Okay. Do you think you could pick that officer
17 out of a crowd if you saw him today?
18 A No. I would be lying to you. I said I would
19 be lying to you if I said I could, sir.
20 Q Okay. Well, --
21 A The reason why I could pick Brown out, because
22 I knew Brown for a long time.
23 Q Yes, sir. He worked that part of town?
24 A Yes.
25 Q Okay. Here's the issue I have, on that
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1 computer that was playing a second ago, is a
2 copy of the recording that both sides of this
3 case were given as the recordings of the
4 surveillance equipment that were taken that
5 night at the Circle K at the time of the
6 shooting. And I have some issues that I don't
7 understand and maybe you can help me with.
8 Okay?
9 A Okay.
10 Q Number one, the register number one, the store
11 floor -- well, the store floor is visible, the
12 register, where the girls is working the
13 register, --
14 A Yeah.
15 Q -- on camera number one, --
16 A The entrance.
17 Q Right. If we play that camera, it starts at
18 1:19:02 in the morning, as reflected on that
19 camera right there, --
20 A Okay.
21 Q -- and it goes until 1:41:23, 1:41 in the
22 morning 23 seconds, and then it skips nine
23 minutes and thirty-five seconds and goes to one
24 minute -- excuse me -- 1:50 in the morning.
25 Would you know where that nine minutes went on
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1 that video?
2 A I sure don't, sir.
3 Q You didn't take that nine minutes off of that
4 video?
5 A Well, no, I'm not that talented.
6 Q All right. My understanding is, is that if you
7 look at the camera that shows the back office
8 where the surveillance equipment is, that it
9 shows that the camera ran from 1:19 in the
10 morning until -- well, let me back that up.
11 The storeroom, the storeroom on there shows it
12 ran from 1:19 in the morning until 1:52 in the
13 morning, and there's no break in that video,
14 from 1:19 to 1:52. With that said, if it runs
15 from 1:19 to 1:52, would it be correct that
16 that cash register camera ought to also show
17 the same amount of time?
18 A That's right. That's right.
19 Q And if there's a nine-minute gap in one, there
20 ought to be a nine-minute gap in the other or
21 vice versa?
22 A That's right.
23 Q And the fact that the storeroom is a constant
24 video feed throughout the entire time means
25 that you can't explain that nine-minute gap on
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1 the cash register.
2 A No.
3 Q That would be correct?
4 A That's right.
5 Q All right. Now, in addition, there's a camera
6 on this that is the front door, and I believe
7 it's the one right in the middle on the top.
8 A Okay.
9 Q Now, I have looked at that with great effort,
10 all right? My recollection of your testimony
11 is that although it was dark, you could make
12 out a truck out there in the parking lot and
13 see that there was something there?
14 A Correct.
15 Q Okay. If the video that we got shows no data
16 on that camera and it's blank, that would be --
17 A But that's not what I saw.
18 Q That's not what you saw?
19 A I didn't see anything. It wasn't a blank spot;
20 it was something there.
21 Q Yes, sir.
22 A Yeah, it was something there.
23 Q But if this video shows that that camera,
24 whatever video feed was there, is no longer
25 there, that would be inconsistent with what you
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1 saw?
2 A Correct.
3 Q And you ain't had nothing to do with that?
4 A Nothing.
5 Q Besides the police officer that was in there
6 with you, do you know of anybody else that
7 would have touched that machine that could have
8 deleted that video footage?
9 A No one is going to go -- what you're trying to
10 express to me is no one would do anything like
11 that but the maintenance man, you know, but I
12 don't think he would go back and try to distort
13 that area.
14 Q Okay. Well, who was the maintenance man?
15 A Wayne Gauthier.
16 Q Okay. It's my understanding that if we go on
17 that program there is a section that says
18 "audit entry" that records when the machine is
19 turned off or turned on. And according to what
20 we've been able to figure out, it appears that
21 the machine was turned off or disconnected at
22 2:26 in the morning and sixteen seconds. And
23 we don't have --
24 A Excuse me, sir, the morning of the accident?
25 Q Of the shooting, yes, sir. We have -- as I
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1 started out, what we do know is, is that if we
2 look at the storeroom, it's the longest amount
3 of video on there, and it runs from 1:19 in the
4 morning until 1:52 in the morning.
5 A You should be able to see me then because the
6 store was locked when I got there, and I got
7 the key from the cashier and opened the door.
8 You should have seen me. I don't know what
9 time. I don't know if it was --
10 Q Let's run it through.
11 A It had to be between at least 2:00 and 3:00
12 when I got there.
13 Q Mr. Key, do you know which camera should have
14 picked you up or should it have been all of
15 them?
16 A No, just that front door. Well, as you travel
17 through the store, that's when the cameras
18 picked you up.
19 Q So, if you got there after Officer -- I forget
20 his name --
21 A Brown.
22 Q -- Brown called you, and you went to the store,
23 then you should have been, basically, in every
24 camera that was shown on that surveillance
25 system?
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1 A I don't think the cooler. I may not have been
2 -- I don't think the cooler shows on here, but
3 if it does, I wouldn't have went in the cooler,
4 but everywhere else, you're right.
5 Q So, anywhere where those cameras are pointing,
6 you should have showed up?
7 A I should have showed up.
8 Q What would you say if I told you that I
9 couldn't find you anywhere on all six of those
10 cameras? Would you have any explanation for
11 that, that you know of?
12 A Well, you know, the number one reason why that
13 would have happened is the system was down.
14 Q Okay. Well, what time did you arrive over
15 there?
16 A Well, it had to be between 2:00 and 3:00
17 o'clock.
18 Q Okay. Before you got there, before you went
19 and looked at the camera with the police
20 officer, are you aware of whether or not
21 anybody was back there looking at that video or
22 did you have to go show them where it was at?
23 A I think I had to show him.
24 Q Okay. Mr. Key, as long as you were store
25 manager and an employee of Circle K, I would
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1 assume that there were a couple of times when
2 somebody was shoplifting or there was a fight
3 or there was some incident in the parking lot
4 that you had to go back and had to review tape.
5 A Right.
6 Q That would be correct?
7 A Especially at that store.
8 Q Okay. Would that have happened with that
9 equipment that you reviewed those incidents for
10 shoplifting or fights, that kind of thing?
11 A Yes, sir.
12 Q At any time in the course of your twenty-two
13 years --
14 A About thirty.
15 Q Thirty, your thirty years over there, have you
16 ever seen a time when that equipment had a
17 nine-minute gap in the cash register video and
18 did not reflect a nine-minute gap in every
19 other video?
20 A No.
21 Q Are you aware of a time when you got a
22 reproduction of the video and it came up and
23 showed a blank screen like appears at the front
24 door camera on this computer in front of you?
25 A Now, if the camera is working, it shouldn't
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1 show that.
2 Q But we know on this night, because you saw with
3 your eyes, that although it was dark you could
4 see a vehicle there?
5 A Oh, it was something there.
6 Q Okay. All right. Assume for a moment, because
7 I see you're not studying that computer real
8 hard, but assume for a moment that middle
9 camera on the top is completely void of any
10 data whatsoever, would it be correct to say,
11 sir, that there's never been a time in --
12 A Unless there was a malfunction with that
13 camera.
14 Q Yes, sir. Are you aware of any malfunction
15 with that camera that night?
16 A No.
17 Q If we had a true and accurate copy of the video
18 that you saw that night, would it be correct to
19 say we ought to be able to see something?
20 A That's right.
21 Q If we can't see something, --
22 A And you say you didn't see me come in, I know I
23 was there.
24 Q Yes, sir. When you walked through the store,
25 did you walk through the store with a police
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1 officer to go show them where that thing was
2 at?
3 A What, the camera?
4 Q Yes.
5 A When he came in, I think the guy said he would
6 like to make a copy, you know, of the incident
7 that took place.
8 Q Yes. Do you know if that police officer, do
9 you know if he was Lafayette City Police?
10 A Oh, yeah, had to be, had to be.
11 Q Okay. All right. Was they all wearing the
12 same kind of uniforms or?
13 A See, I'm not certain about that. I often
14 thought about that. I don't know if he was in
15 plain clothes or uniform, but I know it was
16 someone there.
17 Q All right. On that night, on that night, and I
18 keep focusing "on that night" because a man
19 died that night.
20 A Yeah, I understand.
21 Q Okay. And it's obviously important on that
22 particular night, are you aware of the incident
23 you talked to us about, about watching the
24 video and the police officer taking a copy of
25 that video off of the machine?
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1 A Yes.
2 Q Are you aware of any police officer coming at
3 any time after that to get a copy off of that
4 machine, whether it be the next day, a week
5 later or whatever?
6 A No, I don't think so. Now, I'm not sure now
7 before I got there, I don't know, they might
8 have went back there and took a copy before I
9 got there.
10 Q Okay.
11 A But my night person should know.
12 Q All right.
13 A Sandra.
14 Q All right. I have a maintenance log that we
15 got from Circle K for the time period before
16 and after the shooting, and you probably are
17 much more familiar with this stuff than me, but
18 I could not find anywhere on there that
19 reflected that there was a damaged surveillance
20 system on July 26, 2008. And if I understood
21 your testimony correctly, there was -- all
22 those cameras were working when you got there?
23 A Correct.
24 Q Mr. Key, besides - and obviously, you're going
25 to testify about what you saw, I'm not asking
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1 you to speculate, that kind of thing, but
2 besides you and the police officer that watched
3 that tape with you and got a copy of it, are
4 you aware of anybody else that did go and get a
5 copy of that?
6 A No, I sure don't. Now, but I'm going to -- I
7 know where Sandra work and I'm going to go by
8 and ask her, did anyone go back there and take
9 a copy of that, you know, before I got there.
10 Q Yes, sir.
11 A Because someone could have.
12 Q But we know because -- we know that when you
13 got there, you were able to see something?
14 A But you should have seen that. Oh, yeah. Oh,
15 yeah. No doubt about that.
16 Q The video that you saw when you got there, I
17 know you said you could see a truck or vehicle
18 parked out there.
19 A It was something parked there.
20 Q Yes. Did -- when you were watching it, were
21 you able to see the shooting that took place?
22 A No, because I definitely looked for that.
23 Q Okay. But you saw something out of that front
24 door camera?
25 A Yes. It's on the outside of the building.
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1 Q Well, you know better than I do. I know that
2 it was labeled as "Front door." And it's
3 labeled on that computer program under second
4 camera, when all six of them are pulled up, the
5 second one in the middle, it says "Front door."
6 Now, if this camera is inside or outside, I
7 really don't know. I mean what part of the
8 store was it placed in?
9 A Okay. Going into the store, it would be on the
10 right hand side at the roof.
11 Q Okay. But it shined out into the parking lot?
12 A Oh, yes. It's a dome camera. That's the best
13 thing, that dome camera.
14 Q It's a wide angle?
15 A Yes.
16 Q So, it will get everything out there?
17 A Uh huh (affirmative response.)
18 Q And would it be correct that in a well-lit day,
19 when everything is working right, it ought to
20 catch both sides of the store and the whole
21 parking lot and the street out front?
22 A Yes.
23 Q All right. And forgive me, sir, but I think I
24 asked you the question but it's important,
25 there wasn't any damaged cameras that night?
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1 A No.
2 Q Excuse me. Let's go off the record.
3 --OFF THE RECORD--
4 BY MR. SPEER:
5 Q Mr. Key, how long have you been retired?
6 A Ever since October; they ran me off.
7 Q Why did they run you off?
8 A Well, the market manager they came in the first
9 of the month and he said to me, he said, "You
10 know, I'm fed up with you," just like that.
11 And he caught me off guard because he and I, we
12 never really had any frictions, you know. I
13 thought we were good friends, you know. If
14 there was an issue, he could come to me and
15 talk to me. If I had a problem, I would go to
16 him and talk with him. So, I mean, he just
17 caught me off guard and I went in my pocket and
18 gave him the store keys and I left.
19 Q After thirty years?
20 A Yeah.
21 Q That fast.
22 A Just like that.
23 Q Wow. You look at those maintenance logs,
24 they're in front of you, and you've already
25 said that all those cameras were working that
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1 night --
2 A Yes.
3 Q I couldn't find an incident where there was a
4 broken camera. We did take the deposition
5 testimony of Ms. Broussard, and I'm sure I'll
6 be corrected if I'm wrong, but is it a store
7 policy that if a camera broke, that there was a
8 technician on call twenty-four hours a day,
9 seven days a week, and you would call that
10 person to come fix a camera?
11 A Now, I don't know if that were feasible at that
12 time, but now it is.
13 Q Okay. But it don't matter --
14 A Normally, we have a maintenance log, and I
15 would review it in the morning, you know, and I
16 would call it in.
17 Q And there was nothing broken on that
18 surveillance camera?
19 A No.
20 Q None of them?
21 A No, none.
22 Q All right. And I know I asked about a register
23 and I asked about some other things, but let me
24 just point out that I've got one, two, three,
25 four, five, six different gaps in video between
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1 those six cameras at 1:41:22, 1:42:30, 1:46:24,
2 1:48:37, 1:49:09, 1:50:34, six different gaps
3 in those cameras. If you --
4 A And the dates on that?
5 Q On that day, July 26, 2008.
6 A Oh, okay. So, something might have been going
7 on. Give me those times again.
8 Q Well, these are the times, and I'll give you
9 the whole printout because it has the time that
10 the camera starts and the time it stops. And
11 if you look at this one, it has it starts with
12 the register, it runs from 1:49 to the last
13 time it stops is 1:51, but there's a break
14 between 1:41 and 1:50 of nine minutes and
15 thirty-five seconds that does not appear a
16 break on the storeroom. And the equipment is
17 shutoff at 2:26 in the morning. It says "audit
18 entry" where the machine is turned off at 2:26
19 in the morning, but we don't have any video
20 whatsoever from 1:52 to 2:26.
21 A That's not good.
22 Q What do you mean by "not good"? Now, I hate to
23 make you say what's obvious, but you go ahead
24 and tell me because you know better than me.
25 A Yeah, well.
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1 Q What does that say to you?
2 A Somebody's playing. Some of this might be a
3 game plan, you know, a game plan.
4 Q Somebody tampered with it?
5 A Yeah, it sound like that.
6 Q Did you turn that equipment off that morning at
7 the instruction of the police?
8 A No.
9 Q Did you delete any video under the instruction
10 of the police?
11 A No.
12 Q And you already said that they recorded their
13 own copy; you did not record a copy for the
14 police?
15 A Correct.
16 Q Mr. Key, you've understood all my questions?
17 A I understand them.
18 Q Before I stop, and I'm sure this other
19 gentleman here is going to have some questions
20 for you, do you recognize either that police
21 officer or that police officer?
22 A (Witness reviews photographs.) This guy looks
23 familiar. I don't recall him though.
24 Q Okay. Well, --
25 A This guy looks familiar.
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1 Q -- either one of them is the ones you watched
2 the videotape with, if you remember? I don't
3 want to --
4 A No, I truly don't.
5 Q Then don't worry about it. You know that you
6 were placed under oath and you've been sworn to
7 tell the truth, the whole truth and nothing but
8 the truth?
9 A That's all I know.
10 Q All your answers have been correct?
11 A Yes, sir.
12 Q I hate to ask you this because I already know
13 the answer, but I'm obligated to, okay? I
14 don't want to offend you, but I've got to ask
15 you a couple of background questions just to
16 make sure. Okay?
17 A Okay.
18 Q Have you ever been convicted of a crime?
19 Served time in the penitentiary?
20 A No, I never served time in the penitentiary.
21 Q All right.
22 A As a kid, I was in a reformatory school.
23 Q You got in trouble as a kid?
24 A Yeah.
25 Q Okay. I did too. That happens. How old were
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1 you?
2 A I think I was about 16 or 17. It's been a lot
3 of years.
4 Q All right. You answered the truth to all my
5 questions to the best of your ability, correct?
6 A Yes, sir.
7 Q Do you have anything you would like to add?
8 A Not a thing. I wish I could help you more. I
9 truly do.
10 Q Well, I think you have. Okay? I think you
11 have done just fine. By any chance, did you
12 know the boy that got killed out there, Shane
13 Damond?
14 A No, sir. They tell me that I've seen him
15 before, but of course there's a lot of people
16 that I don't know by name but -- like this
17 gentleman here, I don't know his name but next
18 time I see him, I'll know it's him.
19 Q Yes, sir. Anybody tell you what happened out
20 there? You don't remember or did you pay much
21 attention or? I mean, number one, you didn't
22 see the shooting, correct?
23 A No. No.
24 Q You got there well afterwards, and have we
25 discussed everything that you did while you was
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1 out there?
2 A Yes. Well, I didn't go out to the vehicle at
3 all.
4 Q Okay.
5 A Yeah. I came on around, Officer Brown escorted
6 me right to the store door.
7 Q Okay.
8 A I unlocked it and went in the store.
9 Q Okay. What time did you leave over there and
10 go home?
11 A Let's see. I left but I came back. I just
12 went home and took a shower, you know, because
13 I didn't take a bath before I left work.
14 Q I would imagine --
15 A I mean before I left home.
16 Q Did that scene stay the same throughout the
17 whole time? How long --
18 A Say that again.
19 Q How long were the police there, where they kept
20 the vehicles there, and the tape around the
21 store and all --
22 A You know when I got there, everything was
23 cleaned up except the vehicle sitting there by
24 the pumps.
25 Q This was after you went back the second time?
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1 A Oh, when I went back the second time, nothing
2 was there.
3 Q Okay. Okay. When you went the first time, I
4 think I asked you about this, about what time
5 of the morning you went and you said it was
6 2:00 or 3:00 o'clock in the morning?
7 A It had to be. It had to be. It had to be
8 because my night person gets there between
9 11:00 and 11:30.
10 Q Okay.
11 A And I hadn't been asleep long.
12 Q Okay. How long was it before you could re-open
13 the store, if you remember?
14 A It was somewhere like 7:00, something like
15 that.
16 Q Would there have been any reason, as a store
17 manager, for you to disconnect the surveillance
18 equipment at any point throughout any of that?
19 A No. You don't do things like that.
20 Q You don't do stuff like that?
21 A No. No. What if you got robbed or something
22 like that?
23 Q Yes, sir. Thirty years with the store, you
24 would never do something like that?
25 A No. No.
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1 Q Okay.
2 A I didn't have a perfect background, but I think
3 I had a good enough background to stay with
4 them for thirty years.
5 Q My momma used to say they only made one perfect
6 man and nailed him to the cross.
7 A Yes. They didn't like him being perfect.
8 Q That's right. Well, I greatly appreciate you
9 answering my questions. I'm sure this
10 gentleman is going to have a number of
11 questions for you. Okay?
12 A Okay.
13 Q If I can make you comfortable in some way, it's
14 my building, I'll be more than happy to do it.
15 If you need to take a break at some point, you
16 just let us know and you can take a break.
17 Okay?
18 A Okay.
19 Q I'm going to let this man ask you some
20 questions; I'm going to go to the bathroom.
21 -- MR. SPEER EXITS THE ROOM --
22 EXAMINATION BY MR. BOUDREAUX:
23 Q Do you want to take a break now or you want to
24 keep going?
25 A Yeah. We can continue because I've got to go
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1 to Baton Rouge in the morning.
2 Q Okay. Mr. Key, my name is Jason Boudreaux. We
3 met when you first got here. I represent the
4 Lafayette City Parish Consolidated Government,
5 Chief Craft, and Officer Milazzo, who was the
6 officer who shot Mr. Damond in this case. What
7 is your date of birth?
8 A 06/10/1944.
9 Q And your Social Security number?
10 A XXX-XX-5758.
11 Q 5758?
12 A Correct.
13 Q Are you taking any medications today?
14 A No, no medication today, but I do take medicine
15 at night.
16 Q Okay. In the last twenty-four hours, what kind
17 of medications have you taken?
18 A I take a blood thinner.
19 Q Okay.
20 A I take two baby aspirins.
21 Q Is that it?
22 A No, I take another, cholesterol.
23 Q Okay. Is that it?
24 A That's it.
25 Q Okay. Have you had any alcohol today?
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1 A I don't drink, period, don't drink, don't
2 smoke. I did when I was young, though.
3 Q Okay. Did you meet with anyone in advance of
4 today to prepare for the deposition?
5 A No.
6 Q Did you discuss your deposition with any
7 members of the family of Shane Damond?
8 A No. I don't know that family.
9 Q Okay. Did you review any documents to prepare
10 for the deposition today?
11 A No.
12 Q Have you ever given any statements regarding
13 this case to anybody, anybody with the police
14 department?
15 A No.
16 Q Nobody has ever sat down and recorded your
17 statement?
18 A No.
19 Q Okay. When you first started talking about
20 cameras, you said "the island."
21 A Yes.
22 Q And when I asked you what "the island" was
23 earlier you said that is the gas pumps.
24 A Yes.
25 Q Is there a camera out on the island where the
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1 gas pumps are?
2 A No. That camera we spoke about when you're
3 entering the store, it's gonna be on the right
4 hand side, that dome camera, I think that's the
5 only thing we had at that time.
6 Q Is it on the interior of the store or on the
7 exterior?
8 A It's on the exterior.
9 Q Okay. It's outside the store?
10 A Yes.
11 Q Is there also a camera when you walk in the
12 front doors that picks up who's coming in the
13 front door?
14 A Yes.
15 Q All right. I'm gonna try not to screw this up.
16 Let's see. Six cameras listed here: register
17 one.
18 A Okay.
19 Q Register one is the camera that faces down
20 behind the cash register, right?
21 A (Witness reviews video on computer.) Okay.
22 It's been a while since I looked at it. I
23 don't know if they changed them around or not.
24 Q Okay. Well, this is from back when the
25 incident happened.
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1 A Okay. Okay.
2 Q So, this is footage from when the incident
3 happened.
4 A Okay.
5 Q There's one that says "storeroom," that would
6 be back in the storeroom, right?
7 A Yes. Yes.
8 Q There's one that says "back office."
9 A There's one in the office.
10 Q And that's where the actual system is where you
11 can see the footage and it's downloaded, right?
12 A Correct.
13 Q Okay. Then there's one that says "fast food,"
14 what is that?
15 A Fast food, that's where you sell hot dogs and
16 sandwiches.
17 Q So there's a camera back there?
18 A I think it is.
19 Q Okay. Sales floor, that's just out in the
20 store?
21 A Right, correct.
22 Q Front door. Front door is the one that's
23 showing the black screen here; is that the one
24 that's facing the front doors inside the store?
25 A Yes.
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1 Q Why is the dome camera you told me about not
2 showing up on here? It's not even on here, is
3 it?
4 A I don't see it.
5 Q Did you have a dome camera at the time this
6 occurred?
7 A Oh, yeah. We couldn't have seen the island if
8 it wasn't there.
9 Q It's not showing up on here. Do you have any
10 idea why? It's not even listed. It's not even
11 listed as a camera.
12 A Well, that's the storeroom there. That don't
13 make sense. You should be able to see on the
14 outside. That front door camera --
15 Q You know, I've been in convenience stores
16 before. You walk in and you can look up,
17 there's a camera there and a lot of times
18 there's a monitor where you can look at
19 yourself on the monitor.
20 A Yes, but we wasn't set up that way, but we
21 should have been able to see outside because I
22 seen it.
23 Q You say we should have been able to see
24 outside.
25 A Yes.
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1 Q Are you sure that you had an operating camera
2 outside at the time that this occurred?
3 A Oh, yeah. Oh, yeah. No doubt about that.
4 Q Are you sure?
5 A Oh, yeah.
6 Q And you're sure it was working?
7 A Yes.
8 Q So, why does it not show up on here?
9 A That's a good question.
10 Q If there was such a camera operating, why is it
11 not showing up on here? I mean, I'm confused,
12 you know. Front door camera to me means that
13 the camera facing the front door. And you're
14 telling me that there was a camera facing the
15 front door?
16 A Yes.
17 Q Did you ever watch the footage from that camera
18 to see if it showed anything?
19 A That's the only camera we could have seen.
20 That's the only camera that was going to show
21 the outside.
22 Q Well, I'm talking about the one facing the
23 front door, that camera, could you have seen
24 what was going on outside through that camera
25 at 1:30 in the morning?
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1 A No.
2 Q You wouldn't have been able to --
3 A No, everything was pitch dark out there.
4 Q Even with the lights on outside?
5 A Yeah.
6 Q Now, you said you saw the footage from this
7 camera that you say was outside hanging above
8 the door?
9 A Yes.
10 Q But you said you couldn't hardly see anything
11 correct?
12 A Right.
13 Q You said you saw a truck parked?
14 A It was a vehicle. I don't know if it was a
15 truck or a car.
16 Q One vehicle?
17 A Just one.
18 Q You saw one vehicle parked in that parking lot
19 in the camera?
20 A Right.
21 Q Other than that, the parking lot was empty?
22 A When I got there, when I got there, it was a
23 couple of police officers out there. I don't
24 think they was by that car.
25 Q But I'm talking about the footage. When you
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1 were watching the footage on the video, you
2 said you watched on the video and you could
3 vaguely see something.
4 A Right.
5 Q What did you vaguely see?
6 A Like it was a vehicle, but I couldn't see
7 nobody moving around out there.
8 Q You couldn't see anything?
9 A No.
10 Q It didn't look like anything to you was moving?
11 A Correct. It wasn't.
12 Q And you --
13 A Because I replayed it, I replayed it, and
14 replayed it, trying to see. I said, wait a
15 minute now, I don't see anything happening out
16 there.
17 Q And you're sure --
18 A And I talked with Paula Manuel, which is my
19 market manager at the time, and like I told
20 her, it was so dark that I couldn't see
21 anything.
22 Q So whatever was on the video didn't show you
23 anything?
24 A Right.
25 Q You didn't see the shooting?
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1 A No.
2 Q And this was the video on the exterior of the
3 store?
4 A Correct.
5 Q And it didn't show anybody moving around?
6 A I couldn't see anything moving around out
7 there.
8 Q And that footage was supposedly the footage
9 taken at the time that shooting occurred?
10 A Yes.
11 Q And was the time running? Like what we watched
12 earlier, were you watching it, was the time
13 running?
14 A Yes.
15 Q The time was running, and it was showing
16 nothing on the screen?
17 A Correct. It was replayed and replayed and
18 replayed.
19 Q Okay. The front door camera on the night of
20 this incident, the one that's the front door
21 camera that's inside the store I'm talking
22 about, was that one working?
23 A All cameras were working that night.
24 Q You're sure?
25 A Oh, yeah, all of them.
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1 Q Okay. We took Mary Guillory's deposition
2 several weeks ago.
3 A Yeah. She works as my assistant.
4 Q She testified that you didn't get there until
5 4:00 or 4:30 in the morning. Do you think
6 maybe that's correct? You think maybe you're
7 mistaken about what time you got there?
8 A Well, it could have been. It could have been.
9 Q The incident happened at 1:30. You may not
10 have gotten there until 4:00 or 4:30 in the
11 morning?
12 A I could have.
13 Q She was pretty adamant that you -- they
14 couldn't track you down. She went out there
15 and then you got there later. And she was
16 pretty adamant that it was, you know, 4:00 or
17 5:00.
18 A Yeah. Well, she said that Sandra called her
19 and she went back to the store, because she had
20 got off work at, I think, at 11:00 o'clock.
21 Q And she went because you weren't there. She
22 was like the next in command, so she went out
23 there.
24 A She was the assistant manager, yes.
25 Q Okay. All right. Do you know Officer Brown's
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1 first name?
2 A No, I don't.
3 Q Okay. Is he an older officer? Is he a younger
4 officer?
5 A I think Officer Brown probably at that time was
6 in 40s.
7 Q Okay. He's a black officer?
8 A Yes. I didn't know he was still working for
9 the force because somebody said, one of my
10 friends told me that he had cancer.
11 Q Mr. Speer asked you earlier, anytime in your
12 thirty years whether there had ever been a
13 nine-minute gap on this video before?
14 A No, I don't recall that.
15 Q But over thirty years, have you ever gone to
16 look to see if there was a nine-minute gap in
17 the video?
18 A An hour gap, you know, but not nine minutes.
19 Q Okay.
20 A That's because of the time change.
21 Q Okay. But have you ever gone and just reviewed
22 the video to see if there were gaps? You don't
23 review every minute of every video that's
24 produced, do you?
25 A No.
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1 Q So, there may have been nine-minute gaps before
2 and you just don't know about it?
3 A Correct.
4 Q That's fair to say that, right?
5 A Yeah, I think so.
6 Q Now, we talked earlier about when you let the
7 officer come and download the video from the
8 system, are you sure it was the same morning of
9 the shooting that you let the officer download
10 the video of the system? Because we have
11 documentation that shows that the video wasn't
12 downloaded until like two weeks later. You
13 think an officer may have --
14 A Two weeks?
15 Q Two weeks later -- came and met with you and
16 downloaded the video?
17 A Two weeks later, that don't make sense.
18 Q Do you think it's possible and you just don't
19 remember?
20 A It could be. I mean, it's not making sense.
21 Q All right.
22 A A man got - a person got killed and wait two
23 weeks later to come make -- do a video, no.
24 Q But the video, you, yourself, have said the
25 video didn't show anything. You couldn't see
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1 anything on the video, right?
2 A I just saw like a blur spot.
3 Q And you couldn't see anything?
4 A No.
5 Q At the time you saw the blur spot, was the
6 police officer with you watching it?
7 A Yeah.
8 Q To your knowledge, before you got there, did
9 anybody watch the video or go back there or --
10 A Like I said, I turned on -- she said I got
11 there about 4:30. I thought it was maybe
12 before then.
13 Q Okay. But to your knowledge, did anybody else
14 go back there and look at the video?
15 A Not to my knowledge. Unless, you know,
16 somebody might have went back there before I
17 got there that morning, you know.
18 Q Anybody else that works there knows how to
19 operate that equipment?
20 A Well, yeah. They had other people that know
21 how to operate it.
22 Q Did Sandra know how to operate it?
23 A I would say so because she worked as a manager
24 before, you know, not for Circle K but for
25 other companies.
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1 Q What if she said she didn't know how to work
2 it?
3 A Well, maybe she doesn't, you know, because I
4 don't have any proof or any evidence that she
5 does.
6 Q How about Mary Guillory, do you think she knew
7 how to work it?
8 A She probably doesn't.
9 Q Yeah. Because I'm going to tell you, she said
10 she didn't know how to work it.
11 A Yeah, she probably don't.
12 Q Okay. So as far as you know, before anybody
13 could even watch any video that morning, you
14 had to go out there and fire it up and rewind
15 it or get to a particular part, correct?
16 A Well, they got the police officer, they pretty
17 much know how to operate those.
18 Q Did you get any indication from anybody out
19 there that the police officers had already
20 looked at that video?
21 A No.
22 Q They asked --
23 A Now, Sandra, if they did that, Sandra would
24 know because she was out there that night.
25 Q Okay. We've taken her deposition.
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1 A Okay.
2 Q There's no indication that -- but did you get
3 any indication that the police had seen the
4 video before you got there?
5 A No.
6 Q So, as far as you know, the police saw the
7 video for the first time when you went and cued
8 it up?
9 A Correct.
10 Q And, again, just so the record is clear, that
11 video did not show the shooting, correct?
12 A No.
13 Q You couldn't see anything?
14 A No.
15 Q And, in fact, all you could see was one
16 vehicle, vaguely?
17 A That's right. I didn't see any movement, no
18 people out there, no one was moving around.
19 Q The dome camera we talked about, that you said
20 is outside the front door, are there any other
21 cameras outside?
22 A I think that's the only one that's out there at
23 that time. Yeah. It had to be. I think it
24 was just that camera.
25 Q Okay. Since then, did they add cameras out
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1 there?
2 A I don't know. I don't know. I know they
3 changed the system and they -- see, I was
4 transferred to another store.
5 Q When was that?
6 A That's a good question.
7 Q Ballpark, I mean, it's not a test.
8 A Let's see. I think I went to St. Landry and
9 University, St. Landry and right across from
10 Channel 10, and I was there about, I guess,
11 about three years.
12 Q So, just so we get something straight, you said
13 you worked as a manager for thirty years for
14 Circle K?
15 A Yes.
16 Q How many years at the Mudd location?
17 A I was there three times.
18 Q The incident was July 26, 2008. Before that
19 date, how long had you worked at that location
20 as the manager? Or worked at that location at
21 all? And I'm talking about continuous time.
22 A Continuous time?
23 Q Continuous time.
24 A I probably was there about three or four years.
25 Q Before?
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1 A Yes.
2 Q Before the incident?
3 A Uh-huh (affirmative response.)
4 Q Okay. And after the incident, how long were
5 you there? We're talking about July 26, 2008
6 again.
7 A About two years. And I'm guessing on that. I
8 think it was about two years.
9 Q Now, you said earlier it seemed like somebody
10 had a game plan, and Mr. Speer suggested you
11 meant somebody had tampered with the video.
12 What leads you to believe that somebody might
13 have tampered with the video?
14 A Well, with the time, throwing the time off like
15 that, you know, somebody had to be doing
16 something back there to throw that time off
17 like that.
18 Q But could it --
19 A Now, I don't think that -- now, the maintenance
20 man but I don't think he would -- he would
21 probably call somebody, he would come out and
22 take a look at it, and he would probably call
23 the technician out to come, you know, but
24 there's no evidence to that, so.
25 Q Okay. But that's the only thing you base it
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1 on -- if the time is off, you think somebody
2 had to do something to it?
3 A Yes. Yes.
4 Q Okay. But like we said earlier, --
5 A Unless they had electrical problems.
6 Q And like we said earlier, but you didn't watch
7 the video all the time, you don't know. We may
8 go pull video now and there may be some
9 nine-minute gaps?
10 A That's right.
11 Q You have no way of knowing that, right?
12 A No.
13 Q Okay. Now, if you got there at 4:00 to 4:30 as
14 Mary Guillory said, and I think you've admitted
15 that she could be correct, --
16 A I'm sure she could be.
17 Q -- you said you left and you came back?
18 A Yes.
19 Q What time did you come back?
20 A Probably about between 7:00 and 8:00. Yeah, I
21 went and showered up.
22 Q When you went there the first time, did they
23 have crime scene tape up and everything?
24 A Yes.
25 Q Was the vehicle Mr. Damond was driving still
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1 there?
2 A That might have been the vehicle that I
3 couldn't see that good on the camera, but I
4 think that was it.
5 Q Was it at an angle in the parking lot?
6 A Okay, this is Louisiana Avenue here and this is
7 Mudd. The vehicle was pulled in like this
8 (indicating) with the front of the car pointed
9 toward Louisiana Avenue.
10 Q Okay. It was away from the gas pumps with the
11 back end pointed towards that nursery?
12 A Yes.
13 Q The daycare center?
14 A Yes, daycare center.
15 Q Okay. And you said the video you watched, that
16 that may have been the vehicle in the video?
17 A I think that was it.
18 Q Was it in that position? When you watched the
19 video, was the car where you described it?
20 A Yeah. It was in that position.
21 Q Okay. And could you --
22 A And now, you know what, I'm thinking back, it
23 might have been a truck.
24 Q Okay. You don't have any idea?
25 A No.
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1 Q You couldn't tell what you were seeing?
2 A Well, thinking about it, it might have been a
3 truck. I seen it when I entered the store now.
4 I seen it sitting there.
5 Q Right.
6 A Yeah, but I'm thinking back now, it might have
7 been a truck.
8 Q That you saw in the video?
9 A Yes.
10 Q Okay. But you really don't know what you saw
11 in the video?
12 A You're right.
13 Q How did you actually find out that a shooting
14 occurred out there?
15 A From my cashier. I even questioned Mr. Brown,
16 I said, "What could have happened?" He said,
17 "I can't talk with you right now."
18 Q So, before you got out there, you didn't know
19 what had happened?
20 A Well, when I got out there, the phone call I
21 received, I'm thinking it was Mr. Brown, and
22 you know I believe it was him because he the
23 only one that knew my phone number, and he said
24 that there had been an incident at the store
25 and they needed me to come out and secure the
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1 store. And when I got out there, he met me
2 halfway on the block, on the opposite side of
3 the store, and he said that the police
4 department closed the store and that made them
5 responsible for the merchandise and cash.
6 Q Okay.
7 A And he did come back and ask me, I guess I had
8 been in the store about forty-five minutes, he
9 asked me was the cash okay. He said, "Is
10 everything's okay?" I said, "Yes." He said,
11 "What about your cash, your cash all right?" I
12 said, "Yes."
13 Q So he met -- you said he met you down the
14 block, like behind the store?
15 A The store is here, the golf course is over
16 here, he met me about half or halfway the block
17 on the side of the golf course.
18 Q Down Mudd or down Louisiana?
19 A Mudd.
20 Q Down Mudd?
21 A Uh-huh (affirmative response.)
22 Q Down Mudd towards Moss Street?
23 A Correct.
24 Q Okay. And you think Officer Brown is the one
25 who called you to come out?
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1 A It might not have been him, but I'm thinking it
2 was him.
3 Q Okay. If it wasn't him, it was a police
4 officer?
5 A Oh, yes. Yes.
6 Q It was definitely a police officer?
7 A Yes.
8 Q Okay. The recordings of the video footage,
9 where is that kept at the Circle K?
10 A In a cabinet.
11 Q In a cabinet?
12 A Yeah. If we have an issue, we put it in a file
13 -- we had a file cabinet and we would put
14 everything in the file cabinet.
15 Q That would be if you go and download a specific
16 time period, you put it on a disc and you put
17 in the file cabinet?
18 A Yes.
19 Q Otherwise, is it always recording?
20 A Yes. It's always recording.
21 Q And it's recording this recording to a computer
22 server or what?
23 A That's a good question.
24 Q You don't know?
25 A No.
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1 Q You just know it's going somewhere?
2 A Yes.
3 Q Okay. And if you want a particular period of
4 time, you would --
5 A Have to go back in there, put the tape in, and
6 ask the system to give you from 6:00 a.m. to
7 8:00 a.m.
8 Q Okay. Let's use those time periods. You go in
9 there and you want to download from 6:00 a.m.
10 to 8:00 a.m.
11 A Okay.
12 Q When you do that, it takes everything off of
13 all six cameras and records it?
14 A No, just the spot that you -- just the camera
15 you asking for.
16 Q Okay. You have to ask for each camera
17 individually?
18 A Yeah. That's right. You got to bring that
19 camera up in the system.
20 Q Well, here we have a recording of six cameras.
21 Can you do all six at one time or do you have
22 to do them individually?
23 A Individually.
24 Q Okay. So, you would have to do - you would
25 pick time 6:00 a.m. to 8:00 a.m. camera, front
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1 door camera, and then you would do that one and
2 then if you want to do 6:00 a.m. for every
3 other camera in the store, --
4 A I'm thinking, you know, maybe you can do two.
5 Q Can you maybe do all of them at the same time?
6 A I never tried that myself.
7 Q So, maybe so?
8 A Well, maybe, you know. I never tried it
9 myself.
10 Q Okay. Were you with the officer when he
11 downloaded what was being recorded?
12 A Yes. Yes.
13 Q Did he do camera by camera or did he do all at
14 one time?
15 A Just the incident, one camera, one camera.
16 Q He just downloaded one camera?
17 A The camera that showed the island where the
18 incident was supposed to take place. And if
19 I'm not mistaken, either Ms. Mary or the other
20 young lady, we might have reviewed it together.
21 Q With the officer there?
22 A No. No. I think he was gone then.
23 Q After he left?
24 A Yes. Because the market manager she had called
25 me and, you know, she wanted me to take a look
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1 at it. And I got back with her and I told her
2 I couldn't see anything out there.
3 Q That was the same day the officer took it?
4 A Same day but different time, different time of
5 the day.
6 Q So you think it might have been two weeks after
7 the shooting happened?
8 A Oh, no. I mean, she called on like the same
9 day it happened.
10 Q It was the same day?
11 A Yes. She probably wanted to know, she wanted
12 information on it now, not two weeks later.
13 Q So, Paula Manuel went to -- her name is Paula
14 Manuel, right?
15 A Yes. No, she called me.
16 Q And she went to the store?
17 A No, she didn't come to the store; she called
18 me.
19 Q Okay. But you told me that she went and
20 reviewed the video or did she just tell you to
21 review the video?
22 A She just said for me to review it.
23 Q And that was the first time you reviewed it, is
24 when Paula called?
25 A No. I reviewed it before she called.
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1 Q You had seen it already?
2 A Yes.
3 Q And she told you to review it again?
4 A No, she didn't ask me to review it a second
5 time.
6 Q She just asked you what you saw?
7 A Yes. And I explained to her that it was, you
8 know, it was dark out there, you know, I
9 couldn't see anything, couldn't see nobody
10 moving around out there.
11 Q Okay. And the officer that you say downloaded
12 the video, he only downloaded that one camera?
13 A I think that was it, just that one camera.
14 Q Do you have any idea why that camera is not
15 showing up on here?
16 A The only thing I can say is that it was down.
17 Q That it wasn't working?
18 A Right, it wasn't working.
19 Q Normally, at the store, if you went and looked
20 at the monitor, then the cameras, the
21 surveillance cameras were showing, would you
22 normally be able to see that?
23 A Yes.
24 Q That camera?
25 A Yes.
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1 Q And would there be a place on here where you
2 could check off to just look at that one
3 camera, like we did earlier, where you scroll
4 and you have "Front door, storeroom?"
5 A Yeah.
6 Q What would that one have been called?
7 A Well, you just bring it up on the screen, you
8 know, and this will monitor everything that
9 took place on that particular camera.
10 -- MR. SPEER ENTERS ROOM --
11 Q That's not what I'm asking you. I'm asking
12 you -- you can't really see from here but here
13 there's some words for what the different
14 cameras are.
15 A Yes.
16 Q What would be the word that would be there for
17 that front camera you're talking about?
18 A Probably front door.
19 Q So, okay. What about the one aimed and facing
20 the front door, what's that one called?
21 A The one on the outside?
22 Q I'm talking about the one on the inside; what's
23 that one called?
24 MR. SPEER:
25 The one that's pointing out.
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1 BY MR. BOUDREAUX:
2 A Well, the front door would be the one sitting,
3 when you open that door there's going to be one
4 sitting there.
5 Q But you told me there's a camera on the inside
6 facing the front door, right?
7 A Yes.
8 Q Okay. What would that camera be called?
9 A That camera picks up the front door plus a big
10 portion of that island.
11 Q What would that camera be called on here? I
12 would think it would be called front door.
13 A It's the front door. Yeah. It's the same.
14 It's listed like they are here.
15 Q Okay. But you're telling me there's a camera
16 missing, the one outside?
17 A Yeah. I don't have an understanding about that
18 camera not showing up on there.
19 Q Okay. Mary Guillory talked about changing
20 tapes each shift with regard to the
21 surveillance system. What was she talking
22 about?
23 A Changing tapes each shift?
24 Q She said each shift when she would come on, she
25 had to change the tapes dealing with the
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1 surveillance system.
2 A Changing tapes each shift, not making sense.
3 What tape would we change? I don't understand
4 that.
5 Q Were there ever any tapes involved with
6 utilizing the surveillance system?
7 A No.
8 Q Would she be calling tapes CDs? Would it be
9 CDs or DVDs that you rotate those out, where
10 you recorded, you know -- how many shifts were
11 there a day? Three shifts, three eight-hour
12 shifts?
13 A We don't rotate them or anything like that.
14 Q All right. So, you didn't --
15 A That information set there for about, I think
16 it was thirty or sixty days.
17 Q Okay. So, you don't know what tapes she's
18 talking about?
19 A No, I sure don't.
20 Q During the course of a day at the store, during
21 the course of a twenty-four hour period, does
22 anybody monitor what's going on, on the
23 cameras?
24 A If you have a cash shortage, theft.
25 Q But that would be a particular situation where
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1 you would go and pull video from that time
2 period and try to look at it?
3 A Right. Right.
4 Q But I'm talking about just during the course of
5 the day, somebody watching to see if cameras
6 are working or looking to see what's going on
7 in the store, is there anybody doing that?
8 A Well, the maintenance man, he'll pass by to
9 make sure everything is functioning correctly.
10 Q But other than him, --
11 A No.
12 Q -- nobody is really paying attention?
13 A No.
14 Q Is it the responsibility of anybody who's
15 working in the store during the day to go and
16 check and make sure that the feeds are actually
17 working and recording?
18 A Well, I normally make sure that the cameras are
19 on and functioning.
20 Q And that's --
21 A Because we can see them, see all. They look
22 like here, the camera here, and we can see
23 them, you know, in the back of the store, we
24 can see whether or not they were functioning or
25 not.
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1 Q Okay. Did you ever have any occasion where any
2 of the cameras weren't working?
3 A Oh yeah, we've had that a few times.
4 Q Have you ever had a time when the screen looked
5 like this, where there was one camera was
6 black?
7 A And then that means you've got a malfunction
8 with that particular camera.
9 Q That's what that means?
10 A Yes, sir. You got to get the maintenance
11 person out, the technician out.
12 Q Okay. If a camera is out, it's not working, is
13 it possible that it just shuts down completely
14 and it's not -- it doesn't have a rolling time
15 period or anything?
16 A Well, --
17 Q If you know.
18 A Well, the camera, I think the camera picks up
19 the information, send it to the office.
20 Q Okay.
21 A And if the camera is out, you don't have no
22 information.
23 Q Okay. The interior camera facing the front
24 door, on the day of this shooting was that
25 camera working?
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1 A Yes.
2 Q Can you explain why we don't have any video
3 footage here on that camera?
4 A No, I sure can't.
5 Q But what we show here would be indicative of a
6 camera that's not working, correct?
7 A Correct. Correct.
8 Q You remember ever watching the footage from
9 that camera on the inside facing the front
10 doors from the time of the incident?
11 A I think that's where we were picking up that
12 vehicle sitting in the parking lot, I think
13 that's where we were picking that up. Because
14 we went back and kept going back and forth,
15 back and forth, just continue like that walking
16 around. We were looking for, you know, a
17 gunshot out there.
18 Q You said you were going back and forth. You
19 were going back and forth between two cameras?
20 A No. From like 6:00 a.m., then we would go back
21 from 6:00 a.m. and start over again, go back
22 again, start over again from that point.
23 Q Correct me if I'm wrong, and maybe I
24 misunderstood you or maybe I'm misunderstanding
25 you now, when you were talking about earlier
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1 you would watch them on the camera and you
2 couldn't see anything, my understanding was you
3 were talking about the camera outside.
4 A Yes.
5 Q Okay. And just now we were talking about --
6 A I mean the view outside.
7 Q From the camera that's outside.
8 A Yes, sir, that's why I'm thinking we were
9 picking it up from there but evidently we were
10 picking it up from that door camera.
11 Q Okay, all right. Do you remember looking at
12 the video from the camera outside?
13 A No.
14 Q You didn't look at that one?
15 A I'm not -- like I said, I'm confused now on
16 where that camera was, which area it was
17 showing this information from. But I do know
18 we looked at that spot outside where that
19 vehicle was at and we couldn't find anything,
20 no moving people.
21 Q But I'm asking you, did you look through both
22 those cameras or did you just look through the
23 camera outside or did you just look through the
24 camera inside?
25 A I'm going to have to say the one at the door.
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1 Q On the inside?
2 A Yes.
3 Q Facing the front door?
4 A Correct.
5 MR. SPEER:
6 That's a dome camera.
7 A Yes. We had switched over to those, our
8 maintenance person had switched them. I think
9 we had one camera, one of the old cameras,
10 which was not a good camera.
11 BY MR. BOUDREAUX:
12 Q Okay. The camera on the inside was a dome
13 camera?
14 A Yes. And the one on the outside.
15 Q So, you had a dome camera facing the door on
16 the inside and you had a dome camera outside?
17 A On the outside.
18 Q Okay.
19 A And I think the one in the office was a dome
20 camera.
21 Q Now, the dome camera that you watched and you
22 said that you could vaguely see something on,
23 which camera was that?
24 A I'm pretty much sure that was that dome camera.
25 Q From the inside?
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1 A Yes.
2 Q Okay. Did you check to see if the outside
3 camera showed anything?
4 A No, I didn't. Like I said, I don't know which
5 number it comes in on, looking at this here.
6 Q Were there times before this shooting occurred
7 where either one of those two cameras went out?
8 A Say that again.
9 Q I'm sorry, did I interrupt you?
10 A Yeah.
11 MR. SPEER:
12 Yeah, he was counting, trying to
13 count how many cameras.
14 BY MR. BOUDREAUX:
15 Q Oh, go ahead. Please do. Tell me how many
16 cameras there were.
17 A One on the outside, one by the, two of them,
18 one in the storeroom, one in the office, one in
19 the snack area. They had six. Six cameras.
20 Q I'm confused now.
21 A Yeah, well --
22 Q That's two of us, huh?
23 A Yeah.
24 Q Well, it's a new system --
25 A You know the new system I think they changed
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1 the new -- I think they put a new system in
2 there about a year after, a year, a year and a
3 half after that incident, if I'm not mistaken.
4 Q When they put the new system in, did they add
5 any cameras?
6 A The only thing I can say, they went to all dome
7 cameras because they found out that that's the
8 best camera. And I don't think we had one on
9 the walkway, and I think that's when they put
10 the one on the outside.
11 Q Was when you went to the new system?
12 A Yes.
13 Q After this incident occurred?
14 A That's what I'm thinking.
15 Q Okay. Okay. So we talking about one camera
16 facing the front doors, --
17 A Yes.
18 Q -- on the interior?
19 A Yes.
20 Q Okay.
21 A Sit down and talk about, it comes together.
22 Q Okay. So, at the time this incident happened,
23 there was no camera outside?
24 A Yes.
25 Q Okay. All right.
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1 A Makes sense. It's been a long time, why y'all
2 wait so long?
3 Q So, when we talked about earlier what you could
4 see on the camera, every time we talked about
5 that, you were talking about the camera that
6 was facing the front door --
7 A Yes.
8 Q -- from the inside of the store, correct?
9 A Yeah, correct.
10 MR. SPEER:
11 Even when we were talking about the
12 island?
13 A And it doesn't show across Mudd Street, but I
14 think it catches about halfway up Mudd Street.
15 MR. SPEER:
16 It shows a parking lot.
17 A It shows the parking lot and some of Mudd
18 Street.
19 MR. SPEER:
20 Okay.
21 A You can't see the golf course though.
22 BY MR. BOUDREAUX:
23 Q How about at night, you can see that far at
24 night from that camera?
25 A Oh, no. It's not good. We need better
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1 lighting out there at night so we can see
2 better.
3 Q But they didn't at that time?
4 A Correct.
5 Q All right. So you couldn't really see what was
6 going on?
7 A Well, I didn't see any movement of people
8 moving around out there.
9 Q All right.
10 MR. SPEER:
11 Could you see the gas pumps from that
12 camera?
13 A Yeah. Yeah, sure can.
14 BY MR. BOUDREAUX:
15 Q Could you see the gas pumps that night?
16 A Vaguely. It must have been kind of foggy that
17 night. They need better lighting out there,
18 definitely need better lighting.
19 Q And we know in this case Shane Damond was shot
20 in the parking lot, right? That's what we're
21 here to talk about today.
22 A Yes.
23 Q Has anyone else ever been shot in that parking
24 lot and died?
25 MR. SPEER:
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1 If you know. If you know.
2 BY MR. BOUDREAUX:
3 Q Before the incident.
4 MR. SPEER:
5 We don't want you to guess. Just
6 whatever you know.
7 A I can't say yes. I used to manage the one down
8 the street there and there was a guy that got
9 shot there, and he died at the hospital.
10 BY MR. BOUDREAUX:
11 Q But I'm talking about specifically of this
12 Circle K?
13 A No. No.
14 Q Has anybody else ever been killed in the
15 parking lot at the Circle K?
16 A Not that I recall.
17 Q And we established earlier you were the manager
18 of the Circle K for the three or four years
19 before this incident, right?
20 A Yes.
21 Q How often were you working during that time
22 period? Every day?
23 A Just about every day. I'm surprised I wasn't
24 there when that incident took place, because
25 I'm in there twenty, seventeen, eighteen hours,
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1 whatever I had to do, I did it.
2 Q Every day, wow.
3 MR. SPEER:
4 That's a lot of work.
5 A Yeah. It was a lot. I had a family to take
6 care of.
7 BY MR. BOUDREAUX:
8 Q And in the couple of weeks before this
9 happened, you didn't go on vacation or you
10 weren't on sick leave or anything like that?
11 A No.
12 Q You were working during that time period?
13 A Yes.
14 Q I think Mr. Speer earlier showed you
15 maintenance logs, I don't know if they were
16 attached to the -- I'm going to give you one,
17 I've highlighted something on mine. There's an
18 entry here. The date of the entry is 7/21/08.
19 I want you to read for me what that entry says.
20 A (Witness reviews log.) "Camera front door." I
21 don't know what this here, "I-N-O-P."
22 Q I-N-O-P -- do you think that means inoperable?
23 A It could be. It could be.
24 Q Okay. Can you read the rest?
25 A "The store scared for safety, person was killed
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1 outside the store the night before."
2 Q Now, was somebody killed outside the store on
3 July 20th?
4 A This might not be the right report.
5 MR. SPEER:
6 Off the record.
7 MR. BOUDREAUX:
8 We can go off the record for a
9 minute.
10 --OFF THE RECORD--
11 BY MR. BOUDREAUX:
12 A This is the store number here?
13 MR. SPEER:
14 I don't know. I don't know. What
15 store number was that Circle K? The store
16 number where you was a manager at the time
17 of that shooting?
18 A Oh, that's a good question. I would have to
19 find out that. I have some documents at home.
20 I have to find out which store number it is. I
21 think they might have gave you some bad
22 information on that.
23 BY MR. BOUDREAUX:
24 Q Let me ask you this: On this chart they have a
25 site number, 2701715.
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1 A Okay. That's the site number.
2 Q Every entry has the same site number.
3 A 1715.
4 Q Which is the same site number again. Every
5 entry has 2701715. And I'll give you a chance
6 to look through it. Every entry in there has
7 the same site number.
8 A Okay. Yeah. You right.
9 Q Okay.
10 A 1715, that's our store number.
11 Q Okay. Let me see that. For the record, I'm
12 going to read the entry.
13 MR. SPEER:
14 Attach it.
15 MR. BOUDREAUX:
16 I'm gonna.
17 BY MR. BOUDREAUX:
18 Q "Camera at front door, INOP.," and then there's
19 a period after that, "store scared for safety.
20 Person was killed outside the store the night
21 before."
22 MR. SPEER:
23 What was the date?
24 BY MR. BOUDREAUX:
25 Q The date on the entry is July 21, 2008. And
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1 what I'm asking you is was anybody killed
2 outside in the parking lot at the Circle K the
3 day before July 21, 2008?
4 A And you telling me that this gentleman that was
5 killed, what was the date on that?
6 Q The date he got killed was July 26, 2008.
7 A No, that's wrong.
8 Q The only person you know that was killed out in
9 the parking lot was killed on July 26, 2008?
10 A The person that we talking about -- I don't
11 know exactly the date, but the person that
12 we're talking about.
13 Q Okay. The person we're talking about today?
14 A Yes.
15 MR. SPEER:
16 Just to be clear, you only know about
17 one person --
18 A Yes.
19 MR. SPEER:
20 -- that was killed?
21 A Yes.
22 MR. SPEER:
23 Regardless of the date?
24 A Yeah. I don't know about this one.
25 BY MR. BOUDREAUX:
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1 Q Regardless of the date?
2 A Correct.
3 Q Okay. Who inputs the information in these
4 maintenance logs?
5 A Corporate.
6 Q Corporate does? Where do they get the
7 information from?
8 A From the store.
9 Q Somebody has to call --
10 A Somebody had to call this in.
11 Q Okay. Do you think that it's possible that the
12 date's just wrong on there and that it should
13 be a different date?
14 MR. SPEER:
15 I object to that because he's not
16 produced that.
17 MR. BOUDREAUX:
18 A I don't think nobody got killed that day.
19 Q Just like Mr. Speer asked you, the only person
20 you're aware of that got killed is the person
21 that was --
22 A The person --
23 Q -- involved in this case?
24 A Correct.
25 Q And the store number that's listed on --
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1 A That's the correct store number, 1715.
2 Q And the information that is put into that form
3 is given by somebody at your store?
4 A It had to be for them -- unless the maintenance
5 man called this in. Now, that could have
6 happened.
7 Q And that's Mr. Gautreaux?
8 A Gautreaux, Wayne Gautreaux. Yeah, he could
9 have called it in.
10 MR. SPEER:
11 Do they call it in or do they type it
12 in?
13 A They call it in.
14 BY MR. BOUDREAUX:
15 Q But they had to get that information from
16 somewhere?
17 A Yes.
18 Q Now, these logs are maintained at corporate,
19 you say?
20 A Well, from store level they go to maintenance
21 and I think that was is Shreveport. I think
22 Shreveport had this area at the time.
23 Q And the store you worked at on Mudd, did they
24 keep these records there?
25 A Yes. Yes.
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1 Q Were they kept in a computer?
2 A No, in the file cabinet.
3 Q Okay. Is it just a printout of what we have
4 here or is it a separate record?
5 A It's a separate record that the maintenance
6 that's been taking place and that's there.
7 Q Who maintains those records?
8 A I did.
9 Q Okay. So, at your store where you worked at on
10 Mudd, there should be a record that has this
11 same information on it?
12 A Correct.
13 Q It should --
14 A I don't know if you're going to find that
15 though, because I don't recall that.
16 Q Okay. You think there would -- you think you
17 just don't remember it and it did happen?
18 A I -
19 MR. SPEER:
20 He just said that he that don't.
21 A I would remember if somebody got killed on that
22 -- other than this other person, I would have
23 known about it.
24 BY MR. BOUDREAUX:
25 Q Okay.
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1 A Even though it's been a few years back, you
2 know, no one got killed.
3 Q Information that's provided to put into this
4 form, does it have to run through you or could
5 it have come from Mary Guillory or the
6 maintenance person or it could have come from
7 anybody there, correct?
8 A At this particular time, it would have had to
9 go through me.
10 Q Okay.
11 A See now, they're on a 24 hour period, call-in
12 period. If something happen at 1:00 o'clock in
13 the morning, they can call it in.
14 Q During this time period?
15 A During this time period here, I would have to
16 be the one to call it in, because they don't
17 open until 6:00 o'clock in the morning.
18 Q But you're saying you didn't call in that?
19 A Oh, no, I didn't call this in, somebody getting
20 killed, uh-uh.
21 Q Do you have any idea how it got into the
22 records?
23 A No.
24 Q If we wanted to get the records that you used
25 to keep at the Circle K, are they called a
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1 certain thing?
2 A Maintenance logs.
3 Q Maintenance logs?
4 A Uh-huh (affirmative response.)
5 Q When Mr. Speer subpoenaed the maintenance logs,
6 should those have been produced, you think?
7 MR. SPEER:
8 Where did that subpoena go?
9 MR. RAINEY:
10 Corporate.
11 MR. SPEER:
12 It didn't go to the store?
13 MR. RAINEY:
14 No.
15 MR. SPEER:
16 Why don't you ask him to clarify it.
17 We sent the subpoena to the corporate
18 office; if we would have sent it to the
19 store, Mr. Key, would it have got the
20 records you prepared, if there would have
21 been any?
22 A This probably going to be the records you -
23 yeah. If you sent it to the store, yeah,
24 that's the records you needed. That's the
25 records you would have been requesting.
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1 MR. SPEER:
2 So, the original records of whatever
3 needs to be done at the store is kept at
4 the store?
5 A Yes.
6 MR. SPEER:
7 And then corporate keeps another
8 record?
9 A Right.
10 MR. SPEER:
11 Okay.
12 A The respond that they receive from the store.
13 MR. SPEER:
14 Got you.
15 BY MR. BOUDREAUX:
16 Q You said those records were kept in a filing
17 cabinet. Was that something that you handwrote
18 and put in a filing cabinet?
19 A Yes.
20 Q So, it was just a printed log where you wrote
21 in what you needed to put --
22 A Correct.
23 Q -- and you put it in?
24 A Correct.
25 Q And the file was called maintenance logs or
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1 maintenance records?
2 A Yes, maintenance logs.
3 Q Did you have maintenance records specific to
4 equipment? Like, would you have specific
5 maintenance records specific to just cameras or
6 would it be just maintenance records specific
7 to anything in the --
8 A Period, yeah.
9 Q Okay. So, anything generally in the store?
10 Whether it was a camera or a ice machine or
11 whatever, it would be in the maintenance --
12 A Yes.
13 Q -- records in one place?
14 A Yes.
15 Q Okay.
16 A I don't understand "store scared for safety,
17 person was killed outside the store at night
18 before." I don't understand that.
19 MR. SPEER:
20 Mr. Key, I just want you to testify,
21 and that's all anybody wants, testify just
22 about what you know.
23 BY MR. BOUDREAUX:
24 Q I just want to know what you know, yeah.
25 MR. SPEER:
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1 And if there's something that you
2 can't explain, it's perfect that you say,
3 "I don't know it. I can't explain it,"
4 because we just want what you know and
5 nothing more. Okay?
6 A Yes.
7 MR. SPEER:
8 And don't let nobody try to talk you
9 into saying anything that's not --
10 A Oh, no.
11 BY MR. BOUDREAUX:
12 Q I just want to know what you know.
13 A Yes.
14 MR. SPEER:
15 The music is starting outside for the
16 festival anyway. We're about to get
17 jammed in here. There are people starting
18 to park in our parking lot.
19 A Well, I couldn't park. I parked right here in
20 the back.
21 MR. SPEER:
22 You're in a truck?
23 A Yes.
24 MR. SPEER:
25 The black --
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1 A Black, yeah.
2 MR. SPEER:
3 Okay. Good. I was wondering who
4 that was.
5 A I hope they don't get --
6 MR. SPEER:
7 That's fine. That's my property.
8 A All right. I didn't know but that vehicle
9 belong to my daughter, and I don't what her
10 tires to get taken off of it.
11 MR. SPEER:
12 Right, right. Well, you're okay
13 right there.
14 BY MR. BOUDREAUX:
15 Q Mr. Key, are you aware of any other killings in
16 the parking lots of any of the Circle K's in
17 this area around this time period?
18 A No.
19 Q Is it possible that malfunction in the
20 equipment and stuff may have not made it to
21 your log?
22 A Not the cameras, the cameras was working.
23 Q Were there times when the cameras weren't
24 working that it just didn't get put on your
25 log, ever?
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1 A No. No. No.
2 Q If a camera wasn't working, it would have had
3 to have been on your log?
4 A Correct.
5 Q Were there situations --
6 A Especially at that store, you know. That was a
7 very tense store.
8 MR. SPEER:
9 A lot of traffic?
10 A Yes. A lot of attitudes.
11 MR. SPEER:
12 Yes, sir. Near the bars.
13 A You got it.
14 BY MR. BOUDREAUX:
15 Q Did anybody else maintain the log you did
16 regarding malfunctioning equipment?
17 A Well, all people had access to the log, but it
18 was my duty to call it in and make sure that
19 the work got done.
20 Q Okay. So, if a camera was down, whoever
21 noticed the camera was down had the
22 responsibility to go and put it in the log?
23 A Right.
24 Q All right. And how did that information make
25 it to you?
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1 A By me picking the log up and seeing whether or
2 not I had any issues, I would call it in.
3 Q How often did you review the log?
4 A Every morning.
5 Q Every morning?
6 A Yes.
7 Q So if you had a problem, you would call it in?
8 A That's right.
9 Q Okay.
10 MR. SPEER:
11 Mr. Key, did you ever talk to your
12 wife?
13 A She's going to be okay. My wife --
14 MR. SPEER:
15 Do you want to take a break?
16 A Yeah. My wife, she's --
17 MR. SPEER:
18 Do you want to take a break and call
19 your wife?
20 A No. I'll be okay. I'll be okay.
21 MR. SPEER:
22 All right.
23 BY MR. BOUDREAUX:
24 Q We can take a break if you want to talk to her.
25 A No. It will be okay.
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1 MR. SPEER:
2 Yeah. Mine always expects me to be
3 late --
4 A Yeah, but she's.
5 MR. SPEER:
6 -- but when I'm downtown, she's going
7 to get mad, she thinks I'm out there
8 having a good time --
9 A Well, she's --
10 MR. SPEER:
11 -- instead of sitting in here with
12 Jason.
13 MR. BOUDREAUX:
14 Nothing could be further from the
15 truth.
16 A Well, she know I'll be 68 on my birthday, so
17 she know it's --
18 MR. SPEER:
19 When's your birthday?
20 A June 10th.
21 MR. SPEER:
22 Oh, well, I got one coming up too.
23 A You won't be 68 though.
24 MR. SPEER:
25 No, sir. I'll get there soon enough.
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1 BY MR. BOUDREAUX:
2 Q So, Mr. Key, if somebody knows the camera
3 wasn't working but chose not to put it into the
4 log, it's possible you wouldn't know about it,
5 correct?
6 A Oh, yeah. When I sit down in that seat, look
7 at the monitor, I see a screen that's out, I go
8 check. When that camera is out, we need to go
9 check it.
10 Q Okay. What if you go home for the night and
11 you don't come back until the next morning, and
12 at some time during that period a camera stops
13 working and they start having problems with it,
14 and the employee there sees that there's
15 problems, but they don't put it in the log,
16 would you have any way of knowing that there
17 were problems with that camera?
18 A Not until I get to work.
19 Q And then you would have to actually see the
20 problem happening at the time, correct?
21 A Yes.
22 Q All right.
23 MR. SPEER:
24 Jason, just so I don't have to
25 interrupt you, I'm going to make this a
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1 standing objection about repetition
2 because Mr. Key has already testified that
3 all those cameras were working at the time
4 and so I don't have to interrupt you, I'm
5 just going to state my objection
6 because --
7 MR. BOUDREAUX:
8 Yeah, that's fine.
9 MR. SPEER:
10 -- I find it repeatedly at this
11 point.
12 MR. BOUDREAUX:
13 Not a problem.
14 MR. SPEER:
15 And I'll be back. You can go to the
16 bathroom. We can take a break whenever
17 you want.
18 A Okay.
19 MR. SPEER:
20 Because I am.
21 -- MR. SPEER EXITS THE ROOM --
22 BY MR. BOUDREAUX:
23 Q Mary Guillory testified earlier and she said
24 that the workers who changed out those tapes we
25 talked about earlier, and I think we
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1 established you don't really know what tapes
2 she's talking about, was supposed to enter
3 information on logs showing that the tapes were
4 changed. Do you know anything about that?
5 A No. She would have to explain that to me. I
6 don't understand that. I don't understand what
7 she's speaking about.
8 Q Was there anything at the beginning of every
9 shift that an employee was supposed to do with
10 regard to the cameras?
11 A No.
12 Q They just ran continuously?
13 A Correct.
14 Q The employees didn't have any responsibility to
15 do anything in connection with the cameras?
16 A But if there was a problem, log it. If there's
17 a camera out, log it.
18 Q But that was the only responsibility?
19 A Yeah.
20 Q I got you. So you don't know anything about
21 logs having to do with an employee doing
22 something at the beginning of every shift?
23 A Well, if there was a problem, they needed to
24 log it on the worksheet.
25 Q Did they have to log that they had checked the
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1 cameras every time or no?
2 A No. I mean, yeah, I see what you're saying.
3 No. But if number one was out, they would log
4 number one camera need to be looked at.
5 Q So, the only time there was a responsibility to
6 log anything is if there was a problem?
7 A Right.
8 Q Okay. Fair enough. I think you said earlier
9 you looked at the camera footage with a police
10 officer that morning after the incident?
11 A Yes.
12 Q Was it just one police officer?
13 A Just one.
14 Q And as we sit here today, you remember that he
15 downloaded the camera feed that day?
16 A Yes, that morning.
17 Q Okay. And you don't remember if it was a white
18 police officer or a black officer?
19 A No, I sure don't.
20 Q You just know it wasn't Mr. Brown.
21 A No, it wasn't him.
22 Q Okay. It was somebody other than Mr. Brown?
23 A Yes.
24 Q And do you remember another police officer
25 coming a couple of weeks later and downloading
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1 that camera footage?
2 A I truly don't recall anyone.
3 Q You don't remember?
4 A No.
5 Q Okay.
6 A Two weeks later, doesn't make sense, not to me.
7 Q Have you ever had an occasion to go into the
8 system and delete any of the footage?
9 A I didn't know you could do that.
10 Q As far as you knew, you couldn't do it?
11 A Right.
12 Q Okay. Who was allowed to work that computer
13 system back there, where the surveillance was
14 done?
15 A Myself, market manager, and that's it -- oh,
16 the maintenance man, Wayne Gautreaux.
17 Q Who was the market manager?
18 A Paula Manuel.
19 Q Okay. Mary Guillory referred to a district
20 manager during her deposition.
21 A It's the --
22 Q Is it the same thing?
23 A -- same thing, yeah.
24 Q Those were the only three people that could go
25 back there and operate that computer?
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1 A That was supposed to, but if there was an
2 emergency I'm pretty sure -- and the person
3 that needed some footage from it could operate
4 it, I'm pretty sure they would probably call
5 me, maybe not, you know.
6 Q Was it in a locked room?
7 A We could lock it. We could lock the office.
8 Q Did you lock it?
9 A Sometimes.
10 Q But there was times when it wasn't locked?
11 A Correct.
12 Q There were times when anybody could have went
13 back there?
14 A Yes.
15 Q Without you noticing?
16 A Well, I mean, if anybody passed you up, you
17 know. Very seldom someone else would push,
18 pass through that area, they either usually
19 going to the bathroom and that's it. But I'm
20 not saying that someone didn't go in there, you
21 know.
22 Q If one person is working and a person says
23 they're going to the bathroom and the door is
24 open, --
25 A Yeah, they could sneak in there.
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1 Q -- they could --
2 A They could sneak in there.
3 Q -- sneak in there and they could get on the
4 computer and they could do whatever they want,
5 right?
6 A Right.
7 Q Up until the time you catch them?
8 A Right.
9 Q Okay. So, really anybody had access to that
10 computer?
11 A Yes.
12 Q Not authority to use it, but access?
13 A Right.
14 Q That computer is where, in relation to the rest
15 of the store? Let's say you walk in the front
16 door, you walk past the register, there's a
17 doorway right there, --
18 A Make a right turn.
19 Q -- and when you go in that right, you make that
20 right turn, you walk in there, the bathrooms
21 are right there, right?
22 A Uh-huh (affirmative response.)
23 Q Where's the bathroom, on the right or the left?
24 A When you walk through that door, the bathroom
25 is going to be sitting on the right hand side.
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1 When you walk in and go left, that's the
2 office.
3 Q So the bathroom is on one side, the office is
4 on the other side?
5 A Correct.
6 Q Okay. And the office is where the computer
7 system is?
8 A Correct. It's in the office.
9 Q Where's the storeroom in relation to all this?
10 A Well they call the -- where the bathroom are,
11 they call that storeroom.
12 Q Okay. So, the storeroom is on the same side as
13 the bathroom?
14 A Yes.
15 Q Okay. So, there's a bathroom and a storeroom
16 or the bathroom is part of the storeroom? Is
17 it two different rooms?
18 A Yes. Well, you know it's --
19 Q But it's on the same side?
20 A Right.
21 Q Okay. I got you. Now, when you observed the
22 police officer download the video, tell me
23 exactly what you saw him do.
24 A I wasn't watching what he was doing.
25 Q Did you have to tell him how to get in the
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1 system?
2 A No.
3 Q He knew already?
4 A Oh, yeah.
5 Q Okay.
6 A Most all the -- most every police officer know
7 how to operate those systems.
8 Q Okay. And then did he have to put a disc in
9 the computer?
10 A Yes. You have to put a disc in there.
11 Q Okay. And he puts the disc in the computer and
12 then what did he do?
13 A You set the footage that you want to watch,
14 want it to record, and press the button.
15 That's it.
16 Q And the way you pick the footage you want to
17 record is you pick a time period?
18 A Yes. Date and time period.
19 Q And we talked earlier, you said you thought you
20 could only do one camera at a time, but --
21 A That's what I'm thinking. I never tried to do
22 two, but you know then I can look back, you
23 know, maybe you could do two, you know.
24 Q You could maybe do all of them, right?
25 A Maybe you can, I don't know.
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1 Q You don't know?
2 A No, I sure don't.
3 Q Okay. Because you never had to do that?
4 A No. You know, to be honest with you, I never
5 did get any basic training on it. What I
6 learned, I learned from the technician.
7 Q Who was the technician? Is that Mr. Gautreaux?
8 A No.
9 Q Somebody else?
10 A Yeah.
11 Q Somebody from corporate?
12 A No, it's a guy outside of corporate. They have
13 a contract to do the electronics.
14 Q Okay. When you had problems with the camera
15 system, was it Mr. Gautreaux that came and
16 worked on them?
17 A Sometimes. Sometimes he would come in and look
18 at it since he was -- now, he worked for Circle
19 K. He was a maintenance man for Circle K; he
20 would go to all stores.
21 Q And all you remember about the police officer
22 is him putting the disc and then downloading
23 the time period he needs?
24 A Yes.
25 Q And then he took the disc and he left?
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1 A Right.
2 Q How long did that all take?
3 A I guess I gave him, what, twenty minutes,
4 fifteen, twenty minutes, something like that.
5 Q It took that long?
6 A I would think. I'm guessing now.
7 Q It takes that long to burn that video to disc,
8 you think?
9 A Depending on how much footage you have to --
10 Q You've done it before, right?
11 A Yes.
12 Q You told me you kept a file.
13 A Yes.
14 Q If you wanted to burn a --
15 A Fifteen minutes? No, not that long.
16 Q A little over twenty minutes.
17 A I say twenty minutes, yeah, it would take you a
18 little while to burn twenty minutes. No, it
19 wouldn't take a long time. It wouldn't take,
20 it wouldn't take -- I guess, about eight
21 minutes.
22 Q About eight minutes?
23 A Yes, sir.
24 Q And, then, did he sit there and go through the
25 video with you while you were there?
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1 A No.
2 Q No. He just put the disc in and downloaded it?
3 A Yes.
4 Q And he didn't watch anything or mess around
5 with it, did he?
6 A I don't recall him doing anything but that.
7 Q Just putting it on a disc?
8 A Yes.
9 Q Okay. Were you there the whole time he was
10 sitting at the computer? Did you stay in there
11 with him?
12 A I want to think I was. There's a possibility I
13 went out, you know, and did some work but, I
14 mean, somebody at the register might have took
15 a payments or a customer might have had a
16 problem, you know, I might have left out.
17 Q Did you -- after the police officer left, did
18 you notice if there were any issues with the
19 computer? Were there any problems after that?
20 A No. No, there were no problems.
21 Q And until today, until Mr. Speer told you about
22 the nine-minute gap and those other gaps, did
23 you know anything about that?
24 A No.
25 Q And if we wanted to go to the store and see
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1 that video now, that would be impossible,
2 correct?
3 A Oh, yeah. I think it last in the system from
4 thirty to sixty days, I think I was told.
5 Q And then like it rotates out? Like the oldest
6 video footage kind of disappears?
7 A Yes. Yes. It kind of fades out.
8 Q It's kind of like a TV DVR?
9 A Yes.
10 Q Okay. Now, Mary Guillory during her deposition
11 testified that a gentleman that identified
12 himself as Shane Damond's first cousin came to
13 the Circle K and he demanded to see the
14 videotape from the day of this shooting. Do
15 you know anything about that?
16 A No, I don't.
17 Q Did any member --
18 A She might have mentioned that to me, you know,
19 but I don't recall her doing that.
20 Q You don't remember that at all?
21 A No.
22 Q Did you ever have any communications with
23 somebody who represented themself to be a
24 member of Shane Damond's family, --
25 A No.
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1 Q -- come in and demand to see the video?
2 A No.
3 Q Anybody that ever claimed to be friends with
4 Shane Damond that wanted to see?
5 A No.
6 Q Outside of Ms. Manuel and the police officers,
7 has anybody else ever asked you to see that
8 video?
9 A No. (Phone ringing.) Excuse me.
10 Q Why don't you answer it.
11 --OFF THE RECORD--
12 BY MR. BOUDREAUX:
13 Q We almost done.
14 A Okay.
15 Q And you can blame it all on me.
16 A Yes, sir.
17 Q Has anybody else asked -- after the incident,
18 other than the police department or the police
19 officer and Ms. Manuel, has anybody else ever
20 asked you to see that video?
21 A No.
22 Q Did you ever show that video to anybody?
23 A Nobody.
24 Q Other than the two times you watched it with
25 the -- once with the police officer and I think
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1 you said you watched it again?
2 A I think with Ms. Mary and the cashier that
3 worked that night. I think we looked at it
4 together.
5 Q Sandra Broussard?
6 A Broussard, yeah.
7 Q Okay. So, you, Sandra Broussard and Mary
8 Guillory, watched it together?
9 A I think Sandra Broussard and myself. I'm not
10 sure about Ms. Mary.
11 Q Okay.
12 A Because I asked Sandra what took place out
13 there, you know. As a matter of fact, she said
14 she was standing by the register. I don't know
15 if that was in her deposition, but I want to
16 say that's what she told me, that she was
17 standing by the register when it happened.
18 Q Okay. But you would have watched it one time
19 either with one or both of them, --
20 A Yes.
21 Q -- and you would have watched it with the
22 police officer?
23 A I didn't watch it with him, but I was there at
24 the time he was doing the recording.
25 Q Okay. You watched it before the police officer
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1 downloaded it, or after?
2 A I watched it before he downloaded it that
3 morning, and then when he came out, I didn't
4 watch it then.
5 Q You didn't watch it again after that?
6 A No.
7 Q Other than you watched it with Sandra and/or
8 Ms. Mary?
9 A It was Sandra or Ms. Mary that morning. I
10 think it was Sandra because she was on.
11 Q That was before the police officer came or
12 after?
13 A Before. Because Sandra was gone when the
14 police officer got there.
15 Q And this was on the same day as the shooting?
16 A Yeah.
17 Q How far did you go in school, Mr. Key?
18 A Ninth grade.
19 Q How old are you now?
20 A Sixty-seven.
21 Q Sixty-seven. Still young.
22 A Yeah right.
23 Q Did you ever get your GED?
24 A No, sir.
25 Q And you're currently retired?
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1 A Yes.
2 Q And your last job was with Circle K, correct?
3 A Correct.
4 Q And which one was that at?
5 A Right across from Channel 10.
6 Q Okay. Is that Eraste Landry maybe?
7 A Eraste Landry.
8 Q Eraste Landry and Foreman?
9 A You got it.
10 Q Yeah. Okay. How long had you been working at
11 that one before you were let go?
12 A You have to give it at least three years.
13 Q So, it wasn't long after this shooting happened
14 you went to work over there?
15 A Right.
16 Q Yeah. The shooting, it will be four years ago
17 in July, and you had been there for three
18 years, and you said you left there in October
19 of 2011?
20 A I don't exactly know the month and date I left,
21 but I was in St. Landry at least three years.
22 Q When you say "St. Landry", you mean the one by
23 Channel 10?
24 A Channel 10, yeah. Eraste Landry. I'm sorry.
25 Q That's fine. After this occurred, during Ms.
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1 Guillory's deposition, she says that not long
2 after this you got real sick; is that true?
3 A Yes.
4 Q What --
5 A I had diverticulosis.
6 Q Diverticulitis?
7 A Diverticulosis of the colon.
8 Q Oh, okay. You're doing better now?
9 A Oh, yeah, doing a lot better.
10 Q How much time from work did you miss?
11 A About three weeks. I lost a lot of blood. I
12 got a bit weak. That's what happened to me.
13 That's part of the reason why I got terminated,
14 you know, I had took sick. But I had a problem
15 before I took sick, and I thought I had took
16 care of the problem, concerning paperwork. And
17 I took sick, I was out about three week. When
18 I came back, some forms hadn't been done.
19 Q Have you ever talked to anybody with the
20 Louisiana State Police about this incident?
21 A No, sir.
22 Q Before today, have you ever talked to Mr.
23 Rainey or Mr. Speer about this case?
24 A No. I don't think I ever seen him before.
25 Q How about on the telephone? Any conversations
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1 on the telephone with Mr. Rainey or Mr. Speer?
2 A I think Mr. Speer, it might have been Mr.
3 Speer, there was someone I talked to in this
4 office.
5 MR. RAINEY:
6 That was me.
7 A That was you? Okay. Yeah.
8 BY MR. BOUDREAUX:
9 Q Okay. And what did you talk about? Just that
10 you wanted to reset your deposition?
11 A Well, that, and I had explained to him what I
12 knew.
13 Q Okay. So you told him what you said today?
14 You told him the same things you told us today?
15 A I told him that I recalled I received a phone
16 call. I thought it was between 2:00 and 3:00,
17 but you said it might have been 4:30. And an
18 officer called me and said they needed me to
19 come out to the store and to secure the store,
20 that there had been an incident. And after I
21 got out there, I think I told him that Officer
22 Brown met me on the far side of the street by
23 the golf course, and he said that they had
24 closed the store. Well, he said the police
25 department had closed the store and they wanted
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1 me to come in and verify that the cash and the
2 merchandise because the police department was
3 responsible for it because they closed the
4 store.
5 Q Okay. And do you know any members of the
6 family of Shane Damond?
7 A No, sir.
8 Q And other than Mr. Rainey and somebody from
9 this office, you didn't talk to anybody about
10 you coming to give a deposition in this case,
11 correct?
12 A No. Oh, my wife.
13 Q All right. Okay. That's fine. Other than the
14 times we've talked about, have you ever talked
15 with anybody with the city police department
16 about anything in this case?
17 A No. I never even seen Mr. Brown since I left
18 from over there, since I transferred.
19 Q Anybody with the sheriff's department?
20 A No.
21 Q Anybody with Lafayette City Parish Government?
22 A No.
23 Q In your testimony here today is the video that
24 you saw did not show a shooting, correct?
25 A No. No.
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1 Q In fact, you couldn't see anything?
2 A No movement around that vehicle at all.
3 Q Could you even tell it was a vehicle?
4 A Well, it was kind of blurry, you know. I
5 wouldn't have known the vehicle would have been
6 there, sitting there, if I wouldn't have seen
7 it when I came in the store.
8 Q Why do you think it was blurry? Do you think
9 it was foggy outside?
10 A I think it was foggy and then it was night, you
11 know.
12 Q Yeah. There could have been condensation on
13 the windows in the front? And I'm just --
14 A I don't know. You're inside the store, you
15 know, there shouldn't have been any.
16 Q Yeah. And what --
17 A I'm in the air conditioning. Well, it was in
18 the summer month, wasn't it?
19 Q Yeah, it was summer. It was July. What I'm
20 thinking is with the air conditioning running,
21 you know, it's possible that it was starting to
22 get some condensation with humidity and stuff
23 on the doors, but I'm not trying -- I'm just
24 making an observation. You worked at the store
25 for thirty years, --
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1 A Well, not that store, but I worked for --
2 Q For many years.
3 A Yeah.
4 Q And it was just an observation. Have you ever
5 talked to anybody about the surveillance video
6 or anything that happened in the Circle K?
7 Anybody that claimed to you that they were part
8 of the family of Shane Damond or that they
9 represented the family of Shane Damond?
10 A No.
11 Q Has anybody ever told you that they saw what
12 happened that night?
13 A Excuse me. The young lady that worked that
14 night, she seems to think she saw the fire from
15 the gun.
16 Q Sandra Broussard?
17 A Yeah. (Coughing).
18 Q You okay?
19 A Yeah, I'm all right now. Thank you.
20 Q Anybody else?
21 A No. No one else.
22 Q We're just about finished, Mr. Key.
23 MR. BOUDREAUX:
24 And before I forget, I want to attach
25 the maintenance records as an exhibit.
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1 BY MR. BOUDREAUX:
2 Q Mr. Key, I'm going to show you a photograph.
3 It's a still photograph. Is that --
4 A (Witness reviews photograph.) That's the
5 office.
6 Q That's where the computer is?
7 A It's been a long time since I've been in there.
8 It's been a long time, but that looks like it,
9 though.
10 Q I'm going to represent to you that that's just
11 a still photo of what you looked at, were
12 looking at earlier. And the timestamp down
13 here says 1:38:49. That's about the time;
14 we've kind of narrowed it down to that's the
15 time the shooting occurred.
16 A Okay.
17 Q Is that the monitor here (indicating) that
18 would show the video footage? That would show
19 the cameras?
20 A That looks like the computer there.
21 Q Okay. Is it a different monitor?
22 A That's the desk. Yes, I think it's sitting
23 back here, if I'm not mistaken. It's been a
24 long time since I've been in there.
25 Q Now, you say the monitor would be --
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1 A That's the computer there. That's the desk.
2 That's my desk there.
3 Q Okay. If you were sitting at the desk and
4 facing the computer, where would the monitor
5 be?
6 A My mind went to --
7 Q Eraste Landry?
8 A Yeah. That's exactly where my mind went to.
9 Q If you don't recall, it's okay.
10 A Yeah.
11 Q That screen right there, though, would be a
12 computer?
13 A Yeah, that's my computer.
14 Q That's not the monitor?
15 A No. That's my desk.
16 MR. BOUDREAUX:
17 Since we talked about it, I guess I
18 should attach it. I'll attach it as the
19 next numbered exhibit.
20 BY MR. BOUDREAUX:
21 Q Mr. Key, do you have your driver's license with
22 you?
23 A Yes.
24 Q We're going to attach it as an exhibit to the
25 deposition.
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1 A Okay. You're going to do a copy?
2 Q Yeah, we'll do a copy.
3 A Okay.
4 MR. BOUDREAUX:
5 We'll attach his license as the next
6 exhibit.
7 BY MR. BOUDREAUX:
8 Q Mr. Key, have you understood all of my
9 questions here today?
10 A Yes.
11 Q Do you feel like there's anything you need to
12 go back and explain about what we talked about?
13 A I sure don't.
14 Q Have you told me everything that you know about
15 that camera that night?
16 A Yes.
17 Q And the footage, the video footage that was
18 taken that night? Have you told me about
19 everybody you've talked about with the
20 Lafayette Police Department?
21 A Yes.
22 MR. BOUDREAUX:
23 I think that's all the questions I
24 have.
25 -- MR. SPEER EXITS THE ROOM --
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1 EXAMINATION BY MR. RAINEY:
2 Q I've just got a couple. You said you got a
3 call the night of the shooting from Officer
4 Brown.
5 A Brown. I kind of seem to think, I'm thinking
6 it was Officer Brown, you know.
7 Q Okay. Well, it was somebody from the police?
8 A Yes.
9 Q And you left your house in St. Martinville?
10 A Yes, St. Martinville.
11 Q Okay. Did you leave right away or did you take
12 a shower or brush your teeth or anything like
13 that?
14 A No. No. I didn't. I went back and took a
15 shower. I didn't brush my teeth or anything
16 like that. I got up and got dressed.
17 Q So, you got dressed and you --
18 A Yes.
19 Q -- went straight over there?
20 A Uh-huh (affirmative response.)
21 Q Okay. So you don't know what time you got the
22 call, you don't know what time you got there,
23 but --
24 A The only thing I can say, I think I mentioned
25 to you, the only thing I can say is it was
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1 after 12:00 midnight.
2 Q Okay. So it's whenever you got the call, we
3 don't know what time it was, --
4 A No, I sure don't.
5 Q -- you got there however long it takes to get
6 from St. Martinville to the store?
7 A Correct. And no traffic there so, so you come
8 right on in.
9 Q How long does it take you to get from St.
10 Martinville to the store?
11 A In no traffic, say about thirteen minutes.
12 Q Okay. So, whatever time you got the call, you
13 got to the Circle K about thirteen minutes
14 after that call?
15 A Right.
16 Q Okay. You left quick; you said you didn't even
17 get a chance to brush your teeth?
18 A Well, I mean, they said you know there had been
19 an incident. I'm thinking robbery, you know.
20 Q And you left and went back to your house and
21 took a shower?
22 A Yes.
23 Q Okay. And you went back to the store after
24 that?
25 A Yes.
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1 Q Was the sun up when you went back to the store
2 the second time?
3 A Yes. Oh, yeah.
4 Q Okay. Now, the day of the shooting, you said
5 the police took their own footage off the
6 system?
7 A Correct.
8 Q You didn't help them?
9 A No.
10 Q They didn't ask you for help?
11 A No.
12 Q Okay. So, they already knew how to work it
13 themselves?
14 A Oh, yeah.
15 Q Okay. And you say that the officer only
16 downloaded one camera the day of the shooting?
17 A That's what I'm thinking.
18 Q Okay. What makes you think that?
19 A Well, I mean, it didn't take him that long, you
20 know.
21 Q Okay. Based on the amount of time it took?
22 A Yes. And I didn't see but one disc that he put
23 in.
24 Q Okay. It would take multiple discs if there
25 were multiple cameras?
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1 A Well, the thing is -- I don't exactly know how
2 that thing work, you know. I'm not sure that
3 he downloaded two different cameras at the same
4 time. I'm not sure about that.
5 Q Okay. But your recollection is he only
6 downloaded one camera?
7 A One, that's what I'm thinking. Yeah, that's
8 what I'm thinking, one.
9 Q If video was downloaded that night, would that
10 prevent someone from downloading that footage
11 again later on?
12 A Oh, no.
13 Q Okay. So, they could have downloaded --
14 A You have access to that, for what, between
15 thirty and sixty days.
16 Q Okay. So, if someone downloaded footage the
17 night of the shooting, they can come back two
18 weeks later and download it again?
19 A Oh, yeah. Like I said, they got, what, thirty
20 to sixty days, if I'm not mistaken.
21 Q I might have heard you wrong earlier, did you
22 say that sometimes footage was pulled off of
23 the system and burned onto a disc and then
24 stored?
25 A If you had a problem, shoplifting, you know,
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1 problem at the cash register.
2 Q So, that would burn onto a DVD and you would
3 save the DVD itself?
4 A Yes.
5 Q Okay. In case you needed it past sixty days?
6 A Right. Well, in case you needed it the next
7 morning.
8 Q Right.
9 A And if you had a problem at the cash register,
10 you know, a bad cash shortage, you know, you
11 can go back and monitor that.
12 Q Okay. So, for all you know, and I think it was
13 either Mary Guillory or Sandra Broussard, said
14 that she was changing tapes, as far as you
15 know, it could have been that she was
16 preserving footage from her shift and then
17 saving the DVD?
18 A I don't know how she would have done that,
19 because you would have to go back there to the
20 system and set the -- and you said she didn't
21 know how to do it, I think that's what Mr.
22 Speer said, she said she didn't know how to
23 record.
24 Q Fair enough.
25 MR. BOUDREAUX:
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1 One question, Mike?
2 MR. RAINEY:
3 Sure.
4 MR. BOUDREAUX:
5 Was there ever a system out there
6 where you had some kind of tapes?
7 A Say that again.
8 MR. BOUDREAUX:
9 Was there ever a system out there for
10 the surveillance where you used tapes?
11 A I don't recall. I truly don't.
12 BY MR. RAINEY:
13 Q Okay. And you didn't have any hand in creating
14 these maintenance logs right here, correct?
15 A Well, I had a log similar to this one.
16 Q Those are handwritten?
17 A Yes.
18 Q Okay.
19 A But I never received anything like this. Yeah,
20 I know what Ms. Mary was talking about now. In
21 the mornings, but I don't know if we were set
22 up like that at that time, you changed over the
23 daily. I know what she's talking about now.
24 Q What was she talking about?
25 A It's a tape about that long (indicating).
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1 MR. BOUDREAUX:
2 Like a VCR tape? The size you're
3 showing to me looks like a VCR tape.
4 A Yes. And they date it, 1st, 2nd, 3rd, on down
5 the line. But that lasted, what, a month, for
6 a month, and then you have to reuse those same
7 tapes, record over those same tapes.
8 BY MR. RAINEY:
9 Q What was recording to those tapes?
10 A Any everyday activity for twenty-four hours.
11 Q Okay. Would that record all six cameras?
12 A That's a good question. It should.
13 Q But you don't remember?
14 A No.
15 Q But there were some tapes that were recording
16 something?
17 A Yeah. We were keeping those, but we don't do
18 that anymore.
19 Q When did you stop doing that?
20 A I think when they went to the new system.
21 Q So you were using that system at the time of
22 the shooting?
23 A Yes.
24 Q Alongside that DVR system?
25 A Yes.
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1 Q Okay.
2 A I remember that now.
3 MR. BOUDREAUX:
4 And just to clarify for me, you were
5 using both of them at that time or were
6 you using the VCR system?
7 A Well, we could go back and print up anything,
8 any information we need.
9 MR. BOUDREAUX:
10 I'm not following you.
11 A In other words, we had an incident in the
12 store, we could go back there and print it up,
13 what it recorded.
14 MR. BOUDREAUX:
15 At the time of this incident?
16 A Yes.
17 MR. BOUDREAUX:
18 Where did you get it from? Did you
19 get it off the tape or did you get it off
20 the computer?
21 A The computer, we got it off the computer.
22 MR. BOUDREAUX:
23 So, at this time, were you still
24 using tapes or did you have both systems
25 running?
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1 A I think we had both of them, if I'm not
2 mistaken.
3 MR. BOUDREAUX:
4 Were the -- was what was recording on
5 the tapes the same thing that was being
6 recorded to the computer?
7 A It should have been.
8 MR. BOUDREAUX:
9 As far as you know?
10 A Yes.
11 MR. BOUDREAUX:
12 I'm sorry, Mike. I didn't mean --
13 BY MR. RAINEY:
14 Q It sounds to me like it was a back-up system?
15 A It could very much be.
16 Q Okay.
17 A Yeah, you're right. Ms. Mary was right.
18 Q I know you said multiple times throughout this
19 deposition that the camera facing the front
20 door was working that night.
21 A Yes.
22 Q If it was broken, you would have called it in?
23 A Yes.
24 Q Okay. And you didn't call it in?
25 A No.
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1 Q Because it was working?
2 A Correct.
3 Q Okay. I know you said that it's possible that
4 there could be a black screen like the one you
5 saw on that laptop there, because the camera
6 was not functioning but --
7 A Correct.
8 Q -- could it also have been that way if someone
9 just didn't pull any footage off the camera?
10 A Say that again.
11 Q That screen on that laptop there shows six
12 different cameras and one of them was black.
13 A Correct.
14 Q You said earlier that it could appear black if
15 the camera was broken?
16 A Correct.
17 Q Could it also appear black if someone just
18 didn't pull the footage off of the camera?
19 A I don't think so. I don't understand that
20 question.
21 Q Okay. You said that that camera was working,
22 but it's not showing any footage.
23 A Right.
24 Q You said one reason it might not be showing
25 anything is because the camera was broken?
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1 A Right.
2 Q Could another reason be that someone just
3 didn't download any footage?
4 A No. The only way that could have been black is
5 if something was wrong with that camera.
6 There's no other reason. It's just like going
7 out there, unplugging the wire on the camera
8 and it's not working.
9 Q Okay. But you have to go and select footage
10 from the camera --
11 A Okay.
12 Q -- for it to show up, correct?
13 A If it's not recording, you're wasting your
14 time, right? If the camera is not recording,
15 you're wasting your time trying to get footage
16 from it.
17 Q But to preserve the footage -- strike that.
18 The cameras are recording and it's storing to a
19 system somewhere in the store, right?
20 A Okay.
21 Q And you can download specific portions of that
22 footage, correct?
23 A Pass it by me one more time.
24 Q Okay.
25 MR. BOUDREAUX:
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1 He's asking you what I talked to you
2 about earlier. He's saying that you can
3 go on there and you can take time
4 increments and download it from the
5 computer for those time periods.
6 A Okay.
7 MR. BOUDREAUX:
8 That's where he's at now.
9 A Okay.
10 MR. BOUDREAUX:
11 Where he's going from there, I don't
12 know, but that's what he just asked you.
13 A Okay.
14 MR. BOUDREAUX:
15 He wants you to -- he's asking you to
16 concentrate on where you go into the
17 system and you download a time increment,
18 like from 6:00 to 8:00, like we talked
19 about earlier.
20 A Yes, okay. On a disc.
21 BY MR. RAINEY:
22 Q So, if someone was to pull footage, let's say
23 from 1:19 in the morning to 1:51 in the
24 morning, off of five cameras and not download
25 anything from the sixth camera, could it appear
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1 black or could there appear to be nothing
2 showing from a sixth camera, if someone only
3 asked the system to produce footage from five
4 of the cameras?
5 A Okay. That's all you're going to get.
6 Q So, you would have a blank space there --
7 A Right.
8 Q -- where a sixth camera would be? If it was
9 downloaded.
10 MR. BOUDREAUX:
11 If you don't know, I mean --
12 A No. I mean I don't want to mislead him. It
13 sounds like he's saying something that's not --
14 MR. BOUDREAUX:
15 And look, he's not trying to mislead
16 you, but if he's asking you a question you
17 don't know the answer to, I mean it's
18 perfectly fine to say "I don't know."
19 A Well, but I think I understand what he's
20 saying.
21 MR. BOUDREAUX:
22 Okay.
23 A You have five --
24 BY MR. RAINEY:
25 Q There's six cameras that you can ask the system
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1 to put on a DVD.
2 A Okay.
3 Q If you only ask the system to pull --
4 A Five.
5 Q -- five of them, --
6 A Okay.
7 Q -- you would have a blank space --
8 A Correct.
9 Q -- where the sixth camera would be; is that
10 correct?
11 A Right. That's correct.
12 Q Okay. So that's a possible reason for that
13 sixth camera to be showing a blank space?
14 MR. BOUDREAUX:
15 Object to the form of the question.
16 A but if you're not asking for but five, and you
17 have six there, you're only going to get five.
18 BY MR. RAINEY:
19 Q Right. So, there would be nothing in the space
20 where the sixth camera would be? It would be
21 just like that (indicating)?
22 A If it's broken, yeah, you won't want anything
23 to be there.
24 Q Or if you just didn't ask for it to give you
25 any footage from the sixth camera?
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1 A Right. Right.
2 Q Okay.
3 A I think that's it.
4 MR. RAINEY:
5 Okay. That's all I have.
6 A Okay. You owe me a Coke for that.
7 RE-EXAMINATION BY MR. BOUDREAUX:
8 Q Yeah, I'm not sure what your answer is, though,
9 but let me ask you. If you didn't download the
10 sixth camera, what I understood you to say is
11 the sixth camera wouldn't show up on here,
12 correct? Or are you saying --
13 A If you're asking for --
14 Q -- that you would get a black screen?
15 A If you asking information from five cameras,
16 but you have six, you're only going to get
17 information from five cameras, right?
18 Q That's for you to answer that.
19 A Yes.
20 Q So, the sixth camera would be missing?
21 A Right.
22 Q You wouldn't see anything?
23 A Right.
24 Q Okay.
25 A Because you're only asking for five.
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1 Q I understand you.
2 A Okay.
3 Q If --
4 A But if you ask for six and only get five,
5 you're going to have that black space there --
6 Q Okay.
7 A -- because you have a malfunction there.
8 Q Okay. So that indicates a malfunction?
9 A Yes.
10 Q Okay. If Mary Guillory testified -- and I'm
11 not representing to you that she did -- she
12 testified you got there after 4:00 o'clock, you
13 have no reason to disagree with that, right?
14 A Oh, no. No.
15 Q Because you don't know what time you got the
16 call that morning?
17 A I don't, I don't.
18 Q But you --
19 A I know it was after 12:00.
20 Q But once you got the call, you got out there
21 fast?
22 A Yes.
23 Q But you don't know what time you got the call?
24 A No.
25 Q Okay. These tapes, that security footage that
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1 were downloaded to, how long did y'all hang on
2 to those tapes?
3 A For one month.
4 Q And you --
5 A Then you start recording over those same tapes.
6 Q Okay. So, even if we still had those tapes, we
7 could only go back a month?
8 A Correct.
9 Q So, like today is April 26th, you might have
10 March 27th or later?
11 A That's right. That's right.
12 Q Okay. I understand you.
13 A Okay.
14 Q When you stopped working there, did y'all still
15 have both systems? And I'm not sure I
16 understand why, why was the footage being
17 downloaded to videotapes and to the computer?
18 Is there a reason that that was being done?
19 A I'm trying to think did we have both systems or
20 not. When I left there, I don't think we had
21 both. I mean, from by Channel 10, I don't
22 think we had both. I don't think we were using
23 both systems then.
24 Q But when you were at the one on Mudd Avenue?
25 A Yes. I think we were using them.
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1 Q And the video footage that the officer
2 downloaded, it was from the computer; it wasn't
3 from the videotape?
4 A Right, from the computer.
5 Q And those tapes, you would just have thirty
6 days back, I think we just established that.
7 Okay.
8 A You could go to the system for thirty days
9 back. I think it's sixty days, but I'm going
10 to say thirty.
11 Q You could go farther back on the computer than
12 you could on the tapes; is that right?
13 A Yes. Because the computer -- I mean the tapes
14 only last about thirty days, thirty-one days.
15 Q Now, you said you would make copies of certain
16 time increments and keep them when something
17 happened in the store?
18 A Yeah, like a theft, a shoplifting or something
19 like that.
20 Q Why didn't you do that in this case?
21 A I don't know if I did or not. I don't recall.
22 Q It's possible that you did and the --
23 A It's possible.
24 Q You think that DVD would still be sitting over
25 there at the Circle K?
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1 A Now, I don't know. I would have to talk with
2 Paula Manuel, you know. She might have trashed
3 everything in the file cabinets, you know.
4 Q How long would you usually hang on to those
5 DVDs?
6 A Until I was satisfied with the outcome of what
7 I was investigating?
8 Q Do you think that this is the kind of incident
9 that you would have made a DVD for and kept it?
10 A I think so.
11 Q You just don't remember as we sit here today?
12 A No.
13 MR. BOUDREAUX:
14 Okay. That's it. I don't have
15 anymore questions.
16 MR. RAINEY:
17 Just one second. Let's go off the
18 record real quick.
19 -- OFF THE RECORD --
20 RE-EXAMINATION BY MR. RAINEY:
21 Q Just one last time, Mr. Key, is there any doubt
22 in your mind that the camera was working on the
23 night of the shooting?
24 A That it wasn't working?
25 Q That it -- you said that it was working,
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1 correct?
2 A It was working.
3 Q Is there any doubt in your mind about that?
4 A None at all.
5 MR. RAINEY:
6 Okay. No more questions.
7 FURTHER EXAMINATION BY MR. BOUDREAUX:
8 Q And that camera, it did not show the shooting,
9 correct?
10 A No.
11 Q You couldn't see anything on that camera,
12 correct?
13 A Well, I could see that it was something in that
14 parking lot.
15 Q But you didn't even see movement?
16 A No, I didn't see any movement at all.
17 Q I just have a last couple of questions.
18 A All right.
19 Q Your deposition was previously set in this case
20 and you didn't show up. Why didn't you show
21 up?
22 A Well, I had gone to Alabama. I hate getting
23 into this, but my mother passed. Okay. And I
24 found out that she didn't have life insurance.
25 And me and my oldest sister, we had to get
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1 money to bury her.
2 Q And when was that? And I don't want to get
3 into any specifics about it, just when was
4 that?
5 A A couple of weeks ago.
6 Q A couple of weeks ago?
7 A Yes, sir.
8 Q When you talked to Mr. Rainey about why you
9 didn't come for your deposition, did you give
10 him a different story?
11 A I don't know what I said to him, but I didn't
12 tell him about my personal business.
13 Q Did he ask you why you didn't show up the first
14 time?
15 A I'm not certain. I'm not sure.
16 Q Do you remember telling him why you didn't show
17 up?
18 A I don't recall what I said.
19 Q Okay. You just remember telling him about what
20 you remember from this case?
21 A Yes, I explained that to him. I told him, you
22 know, I didn't see anything, you know. I think
23 I told him when I got there, they had the
24 yellow tape around the pumps. You couldn't
25 drive on the lot, and I circled the store, and
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1 Mr. Brown met me on the opposite side of the
2 street. And I think he said to me that they
3 had to close the store because there had been
4 an incident. And he said when they close the
5 store, that mean that the city was responsible
6 for the merchandise and the money in the store.
7 Q Okay. When your deposition was going to be
8 here the first time, did you call and tell him
9 you were coming and then you didn't show up?
10 A I called and told him that.
11 Q You told him --
12 A But my wife had called him and explained to
13 them the reason why I -- well, my wife was the
14 one that called -- my wife called here and she
15 was supposed to get a date and time when I was
16 going to come in, but she said whoever she
17 talked to didn't call her back.
18 Q Okay. But that was right before the deposition
19 was supposed to occur? Was that the same day?
20 A I don't know if it was the same day. I really
21 don't recall the date and time.
22 Q Okay. I don't have anymore questions.
23 A But she's one of those people, she writes down
24 everything and, you know.
25 Q Okay.
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1 A My wife is a bishop and she's strict about
2 everything.
3 Q Okay.
4 A She going to give me hell when I get home.
5 MR. RAINEY:
6 Mr. Key, you don't recall telling me
7 that you had a religious objection to
8 testifying?
9 A Yeah. I told, I did tell him that.
10 BY MR. BOUDREAUX:
11 Q Okay. Why didn't you just tell me that just
12 now when I asked you about it?
13 A Well, --
14 Q You know you're sworn to tell the truth just
15 like you're in a court of law, right?
16 A Yeah. I know that.
17 Q Okay. What did you tell him?
18 A I explained to him the type of church that I
19 was brought up in and that we had -- my wife
20 was Catholic when I met her and she convinced
21 me to start going to Catholic church and I got
22 kind of deeply rooted in the Catholic church.
23 Then we found out that all that was taught in
24 the Catholic church is not true.
25 Q Okay.
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1 A And my wife is, like I said, my wife is a
2 minister and we just, you know, some of it just
3 -- it's not best to go to court, you know, and
4 testify against your fellow man.
5 Q Okay. And that was the reason?
6 A Yes.
7 Q That's the reason you didn't show up the first
8 time?
9 A No, the first time I went to Alabama.
10 Q Okay.
11 A See, I was born in Birmingham, Alabama.
12 Q Okay. And you didn't want to come this time
13 because of your religious beliefs?
14 A Yes.
15 Q Okay. But once you were served by the court
16 and you knew you had to come, then you decided
17 to just come in and go ahead and tell your
18 story, correct?
19 A Well, my daughter set me down and talked to me,
20 you know, and she said, "Dad, best thing," --
21 as a matter of fact, today I left the book fair
22 early to try to get here.
23 Q Okay. Well, we appreciate you coming in.
24 Thank you. Thank you for coming and giving us
25 your testimony and we're done.
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1 A You're not going to keep my license?
2 Q We just need a copy of it.
3 A Okay.
4 THE WITNESS WAS EXCUSED.
5 DEPOSITION CONCLUDED AT 7:34 P.M.
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1 CERTIFICATE
2 This certification is valid only for a
3 transcript accompanied by my seal stamped in blue
4 ink on this page.
5 I, CONNIE M. MARKS, a Certified Court Reporter
6 in and for the State of Louisiana, as the officer
7 before whom this testimony was taken, do hereby
8 certify that ROBERT KEY, after having been duly
9 sworn by me upon authority of R.S. 37:2554, did
10 testify on the 26th day of April 2012, at Lafayette,
11 Louisiana, as hereinabove set forth in the foregoing
12 142 pages; that this testimony was reported by me in
13 the stenomask reporting method, was prepared and
14 transcribed by me or under my personal supervision,
15 and is true and correct to the best of my ability
16 and understanding; that I am not related to counsel,
17 I am in no manner associated with counsel for any of
18 the interested parties to this litigation, and I am
19 in no way concerned with the outcome thereof.
20 This 1st day of May 2012, Lafayette, Louisiana.
21 _______________________________
22 Connie Marks Certified Court Reporter #
23
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