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TRANSCRIPT
CONTAINS CONFIDENTIAL INFORMATION
Deposition of:
Mark Robbins
Case:
Francis C. Peterson, et al. v. Kevin Miranda, et al.2:11-CV-01919-LRH-RJJ
Date:
09/04/2013
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1 UNITED STATES DISTRICT COURT
2 FOR THE DISTRICT OF NEVADA
3 FRANCIS C. PETERSON, ) Case No.
4 individually, and LINDA ) 2:11-cv-01919-LRH-PAL PETERSON, individually, )
5 and FRANCIS C. PETERSON ) and LINDA PETERSON on )
6 behalf of ANGELA ) PETERSON, deceased, )
7 ) Plaintiffs, )
8 ) vs. )
9 ) KEVIN MIRANDA, )
10 individually, et al., ) )
11 Defendants. ) ___________________________)
12 ) AND ANY AND ALL RELATED )
13 MATTERS. ) ___________________________)
14
15
16 *** CONTAINS CONFIDENTIAL INFORMATION ***
17 DEPOSITION OF MARK ROBBINS
18 Taken on Wednesday, September 4, 2013
19 By Videotape
20 At 9:08 a.m.
21 At 517 South Ninth Street
22 Las Vegas, Nevada
23
24 Reported by: William C. LaBorde, CCR 673, RPR, CRR
25 Job No. 7689
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1 APPEARANCES:
2 For the Plaintiffs:
3 MARC P. COOK, ESQ. Bailus Cook & Kelesis, Ltd.
4 517 South Ninth Street Las Vegas, Nevada 89101
5
6 For the Defendants Clark County School District, Filiberto Arroyo, Brian Nebeker, Loren Johnson and
7 Armando Quintanilla:
8 LESLIE S. GODFREY, ESQ. Greenberg Traurig, LLP
9 3773 Howard Hughes Parkway Suite 400 North
10 Las Vegas, Nevada 89169
11 For the Defendants Tina Zuniga, Mark Robbins,
12 Cynthia Ruelas and Robert Morales:
13 MATTHEW W. PARK, ESQ. Lewis Roca Rothgerber LLP
14 3993 Howard Hughes Parkway Suite 600
15 Las Vegas, Nevada 89169
16 For the Defendants Kevin Miranda, Eric Miranda and
17 Chary Alvarado Miranda:
18 CHRISTOPHER M. KELLER, ESQ. Pyatt Silvestri
19 701 Bridger Avenue Suite 600
20 Las Vegas, Nevada 89101
21 Also Present:
22 BECKY ULREY
23 Certified Legal Video Specialist
24 LINDA PETERSON
25
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1 I N D E X
2 WITNESS PAGE
3 MARK ROBBINS
4 Examination by Mr. Cook 6
5 Examination by Ms. Godfrey 200
6
7
8
9 E X H I B I T S
10 NUMBER DESCRIPTION MARKED
11 1 Stipulation and Protective Order 6
12 2 Printout of Facebook Pages of 72 Kram Snibbor
13 3 Printout of a Facebook Photograph 76
14 4 Printout of a Facebook Photograph 85
15 5 Photograph 87
16 6 Drawing by Witness 131
17 7 February 5, 2010 Highlights of the 173
18 Week, CCSD000172
19 8 August 4, 2011 Highlights of the 178 Week
20 9 10/31/2011 Memorandum, Rainey to 181
21 Ketsaa, CCSD 000057
22 10 Facebook Post By Mark Robbins 189
23 11 Printout of a Facebook Page of 194 Mark Robbins
24
25
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1 P R O C E E D I N G S
2 THE VIDEOGRAPHER: This begins the
3 videotaped deposition of Mark Robbins, being held at
4 517 South Ninth Street, Las Vegas, Nevada, on
5 September 4th, 2013 at the time of 9:08 a.m., in the
6 matter entitled Francis C. Peterson, individually,
7 and Linda Peterson, individually, and Francis C.
8 Peterson and Linda Peterson on behalf of Angela
9 Peterson, deceased, v. Kevin Miranda, individually,
10 et al., and any and all related matters in the
11 United States District Court for the District of
12 Nevada, Case Number 2:11-cv-01919-LRH-PAL.
13 I'm the videographer, Becky Ulrey, with
14 court reporter William LaBorde from Oasis Reporting
15 Services.
16 Will counsel please identify yourselves,
17 and then the reporter will administer the oath.
18 MR. COOK: Marc Cook for the plaintiffs.
19 MR. KELLER: Chris Keller for the Miranda
20 defendants.
21 MS. GODFREY: Leslie Godfrey for Clark
22 County School District, Defendants Arroyo, Nebeker,
23 Johnson and Quintanilla.
24 MR. PARK: I'm Matt Park for Roberto
25 Morales, Tina Zuniga, Cynthia Robbins and Mark
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1 Robbins.
2 (Witness sworn.)
3 MR. PARK: Oh, yeah, we can do that at
4 the beginning. Do you want to make it an exhibit
5 or --
6 MR. COOK: If you want to make it an
7 exhibit, that's -- that's fine. I mean, my
8 under- -- why don't we do it this way: We've all
9 signed a protective order with regard to Robbins and
10 the depo as it applies to what we anticipate to be
11 medical issues, that it will be -- have to be
12 identified as confidential according to the terms of
13 the agreement Mr. Park prepared and we all signed,
14 and then if we object to that, we follow the
15 procedures set forth in that document.
16 MR. PARK: That's right. And my
17 understanding is that you've reviewed that with your
18 client, Linda Peterson, who's here today.
19 Is that correct, ma'am?
20 MS. PETERSON: Yes.
21 MR. COOK: Yes.
22 MR. PARK: And -- and you agree to be
23 bound by the terms as well?
24 MR. COOK: My client understands the
25 protective order.
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1 MR. PARK: Great. Thank you.
2 Take off your sunglasses.
3 THE WITNESS: Oh, I'm sorry.
4 MR. COOK: And do you want to mark that
5 as an exhibit? I guess we can make copies at the
6 break and have it marked as -- do you want it --
7 MR. PARK: An exhibit to the deposition,
8 that's fine.
9 MR. COOK: Do you want it Defendants' A
10 or do you want it numerical? I don't care.
11 MR. PARK: Whatever you want to do is
12 fine.
13 MR. COOK: Do we care?
14 MR. PARK: We'll mark it at the break.
15 MR. COOK: All right. We'll do that as
16 Exhibit 1 then.
17 MR. PARK: Okay.
18 (Exhibit 1 was marked for
19 identification.)
20 MARK ROBBINS,
21 having been first duly sworn, was
22 examined and testified as follows:
23 EXAMINATION
24 BY MR. COOK:
25 Q. Could you state your name for the record,
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1 please.
2 A. Mark, Mark Ward Robbins, Robbins.
3 Q. All right. Mr. Robbins, have you ever
4 had your deposition taken before?
5 A. I believe about 13 years ago in another
6 case.
7 Q. And what was that about?
8 A. I don't even remember. That was with
9 another police department. I believe it had to do
10 with some kind of civil lawsuit, and I was involved
11 with -- it was in Boulder City Police. It was a
12 civil lawsuit. I got involved. It was a domestic
13 violence case. It ended up wenting [sic] to court
14 on a civil matter, but I was a witness.
15 Q. All right. You were not a party to it?
16 A. No. I was a police officer. I was a
17 party in a way, yes.
18 Q. Were you a named defendant or a named
19 plaintiff?
20 A. No. I showed up on a call.
21 Q. Are you aware generally the procedures
22 for a deposition?
23 A. Yes.
24 Q. Okay. Have you observed any of the
25 videotape or reviewed any of the transcripts from
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1 the depositions in this case?
2 A. No.
3 Q. Generally what's going to happen is I'm
4 going to ask you some questions. Other counsel will
5 be free to follow up and ask some questions as well.
6 You're going to answer. What you say is going to be
7 recorded both through the camera and video as well
8 as through a transcript. You'll have an opportunity
9 to review that and make any changes as you deem
10 necessary.
11 I think for a clean transcript to work,
12 though, there's a couple things we've got to be on
13 the same page with. First, if I ask you a question,
14 you don't understand what I'm asking, I need you to
15 let me know that. Okay?
16 A. Yes, sir.
17 Q. All right. I'll explain it, re-ask it,
18 tell you what I'm trying to get to, whatever we need
19 to, but when you answer a question, I'm going to
20 assume that you understood the question then. Is
21 that fair?
22 A. Makes sense.
23 Q. All right. In common conversation, we
24 kind of talk over people all the time. I need you
25 to wait till I'm done with the question before you
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1 start your answer. Okay?
2 A. Normal court proceedings, yes.
3 Q. And I need you then to, if I cut off one
4 of your answers, let me know so I can let you get a
5 complete answer on the record. Can you do that as
6 well?
7 A. If you cut me off, I'll wait until you're
8 done.
9 Q. No, no. Okay, okay. But you got to let
10 me know you had more to your answer if I cut you
11 off. Okay?
12 THE WITNESS: So interrupt him?
13 BY MR. COOK:
14 Q. I don't care whether you interrupt me or
15 wait till I'm done, but at some point I need you to
16 let me know, "I had more to my answer than that."
17 MR. PARK: If you have more to say, let
18 us know.
19 THE WITNESS: Gotcha.
20 BY MR. COOK:
21 Q. All right. I know you said "normal court
22 proceedings." Have you testified in court before?
23 A. Yes.
24 Q. About how often?
25 A. Lost count.
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1 Q. All right.
2 A. 200 times.
3 Q. So you're pretty familiar with generally
4 these procedures?
5 A. Very much so.
6 Q. All right. Do you have any questions of
7 me about this process before we get going?
8 A. Nope. No, sir.
9 Q. Are you suffering from any illness or on
10 any medication or anything that would prevent you
11 from going forward today and giving your best
12 testimony?
13 A. I want to --
14 MR. PARK: And at this point I will just
15 note that it's under the -- the confidential
16 information under the protective order.
17 MR. COOK: Not yet. Let me find out if
18 he's got something; right?
19 MR. PARK: Okay. He can say, yeah, sure.
20 MR. COOK: Because that wouldn't be
21 confidential because that we may need for other
22 purposes.
23 MR. PARK: Right, fine. The answer will
24 be, but --
25 A. I'm shaking a lot. I'm on medications.
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1 As you can see, it's uncontrollable just 'cause of
2 the meds I'm on. I'm not going to go into detail of
3 what I got.
4 I'm on extreme nausea medication. It's
5 suitable for cancer patients. It's one of the
6 things I'm waiting on.
7 Number two, I last about two or three
8 hours a day. I don't get -- and I have -- my energy
9 level is (making sound). Last two weeks has just
10 been -- that's why we had to move the other one.
11 I'm not doing it to play games. I'm bigger than
12 that. I'm older than that. This is a case that's
13 serious.
14 I'm good for about two or three hours a
15 day just to let you know, but I'm on a plethora of
16 medications.
17 BY MR. COOK:
18 Q. All right. What medications are you on?
19 A. I'm not going to disclose that.
20 Q. You have to disclose it because it's
21 important that we understand --
22 MR. PARK: You can disclose it.
23 BY MR. COOK:
24 Q. -- whether you're on any medications that
25 affect your memory, sir.
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1 A. Right now I'm not on any medications that
2 affect my memory.
3 Q. Okay. Are you a medical doctor?
4 A. No, but --
5 Q. Okay.
6 A. -- I'm well versed.
7 Q. I need to know what medications you're
8 on.
9 A. Okay. It stays in this room.
10 MR. PARK: Right.
11 A. I've got a lung problem. Right now
12 they're trying to figure out if it's cancer. I'm on
13 medications for that. We're trying to calm down my
14 breathing. I'm on inhalers, steroids that open up
15 my lungs.
16 This was all due and started with
17 pneumonia scarring the lung. Of course I've been --
18 I didn't take care of it right away like most normal
19 men do and I pushed it off for a few weeks. I got
20 extremely sick in February, towards the end of
21 February. I ignored it until the next month. Then
22 I ended up in bed. I was missing days of work,
23 calling off sick. Finally my boss told me, "This is
24 ridiculous. You need to" --
25 \\\
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1 BY MR. COOK:
2 Q. Who was your boss that told you it was
3 ridiculous?
4 A. My boss is in this? Okay. It's Sergeant
5 Kurak.
6 Q. Okay. Then --
7 A. So with the advice of him and with the
8 advice of other people in the department, my health
9 was definitely affecting my job at that point. I've
10 never been so sick in my life. I'm still not sure
11 what's going on, but I left. I put in for a Family
12 Medical Leave.
13 Everything wasn't cleared up by then. I
14 tried to go back to work. They wouldn't take me.
15 They said, "You need medical leave of absence till
16 we get clearance from all your doctors." I forgot
17 what the name of the -- Strossin [ph.] is the cancer
18 doctor and I forgot the name of it and also a few
19 other problems as far as stomach, and it was a mess.
20 Basically the long and the short, I've
21 been through a lot.
22 Q. I --
23 A. I'm here today. I told him I was sick
24 this morning. I dragged myself here 'cause I do
25 want to do this.
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1 Q. The -- the question I asked you --
2 A. Yes.
3 Q. -- was specifically what medications are
4 you on?
5 A. Gabapentin off the top of my head 'cause
6 I'm on about 16 of them. That's for nerves, going
7 through all this. I'm also on pain medication. I
8 haven't taken one of those in two days.
9 Q. What is that medication?
10 A. Hydrocodone 10/325.
11 Q. All right.
12 A. And that was from a motorcycle accident.
13 I have to go into back surgery. I got back surgery
14 in about two weeks.
15 MR. PARK: And --
16 A. I got a broken tailbone and I got a
17 herniated disk in my back.
18 MR. PARK: And just to be clear, all
19 these answers about his health information we
20 believe are protected under the protective order.
21 MR. COOK: I mean, my question was, "What
22 medications are you on?" I mean, he's not
23 answering.
24 THE WITNESS: Sir, I can't --
25 MR. COOK: I'm just trying to get -- and
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1 he said there's about 16, so so far I haven't tried
2 to get into any of the medical stuff. I'm still
3 trying to get testimony so I know what medications
4 so I can evaluate whether his memory is good. I
5 mean, that's all I've done, so it's all kind of
6 collateral.
7 MR. PARK: No, I -- I understand. I
8 mean, my issue is, you know, his ultimate diagnosis.
9 Go ahead.
10 THE WITNESS: If I knew you were going
11 down this road, I would have been more than happy to
12 lay it all out on the table and you could have
13 looked at it, but I didn't know you were going this
14 in depth, so --
15 MR. PARK: But you can tell him what you
16 remember.
17 THE WITNESS: What I can remember is I am
18 on pain medication and muscle relaxers from the
19 accident.
20 BY MR. COOK:
21 Q. Pain medication and muscle --
22 A. I'm not on medication, on muscle relaxers
23 or hydrocodone, right now so I can give a clear
24 testimony.
25 Q. Okay. And then you said about 16 and
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1 I've got hydrocodone and gaba something that I hope
2 the court reporter got.
3 A. Gabapentin.
4 I'm on nausea pills, two different types.
5 I'm on ulcer medication. I'm on a liquid medication
6 for gastrointestinal problems. All this stemmed
7 from the sickness that I got.
8 I'm on medication so I can use the rest
9 room properly. It's kind of embarrassing, but I
10 don't --
11 Q. Do you have the names of any of these
12 medications?
13 A. No, sir, I don't. I got to stop there.
14 I forgot half the names. 16 bottles, I'm giving you
15 the best I can.
16 Q. Okay. You said you forgot half the
17 names. I've got gabapentin and hydrocodone. Do you
18 know any other names of any medications out of the
19 16 you're taking?
20 A. Can I check my cell phone?
21 Q. Whatever you need.
22 A. I'm doing my best here.
23 I'm on -- I don't know the names, but in
24 order for the doctor, the specialist, that I went
25 to, I did have to take this picture of the
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1 medications that I was on for him. That's the best
2 I can do for you. I don't have names.
3 As -- as far as it goes, as far as the
4 major ones, that I'm trying to keep myself from
5 vomiting and keeping myself awake and stuff and
6 functional halfway. I haven't left the house in
7 like 14 days. These are the medications I'm on. I
8 spend 90 percent of my time in bed.
9 MR. PARK: If you --
10 A. And I don't know the names.
11 MR. PARK: If you need, we can get you a
12 list of what he has.
13 MR. COOK: What -- what I was going to
14 suggest is he E-mail that to you, you produce that
15 with a list of what they are.
16 MR. PARK: Right.
17 MR. COOK: And then I can move right past
18 this. You can stamp that confidential if you --
19 MR. PARK: That's fine. That would be
20 under the protective order. We can do that. Then
21 you can move past this.
22 MR. COOK: All right. Perfect. So we
23 got the med -- what meds you're on.
24 MR. PARK: Yeah.
25 THE WITNESS: Just to let you know, one
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1 of them makes me tremor, and that's what I'm going
2 through right now, so --
3 BY MR. COOK:
4 Q. And the ones that you think could have
5 potentially affected your memory, the painkiller,
6 muscle relaxer, you're not on at this time?
7 A. The only thing that is going to affect my
8 memory is the time lapse. As far as the medication,
9 I'm fine.
10 Q. Okay.
11 A. 'Cause I haven't taken any to prepare for
12 this with a clear mind.
13 Q. What is your occupational background?
14 A. Five years with Boulder City Police. I
15 used to be a fireman back in New York. I was an EMT
16 back in New York. I moved out here. Boulder City
17 PD, I was there for five years. I was a Las Vegas
18 constable for two years.
19 I moved -- I didn't get fired from any of
20 my jobs. I've always walked out with stellar. I
21 just kept progressing up. I decided to take a job
22 with the School Police because I like dealing with
23 children. I think it's cool, and so I took a job
24 with them and it's been interesting ever since.
25 Q. When were you with Boulder City Police
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1 approximately?
2 A. 2005. Yeah, till 2005. I started in two
3 thousand and -- two thou- -- the middle of 2000,
4 summer, I got sworn in.
5 Q. And then were you a constable before or
6 after Boulder City Police?
7 A. I did both at the same time.
8 Q. When were you a constable?
9 A. Whew, I first moved out here 14 years
10 ago. It took me two years to get that when I moved
11 out here. It took me two years to get that job. I
12 would say I was a constable -- well, if I started in
13 '05 with CCSD and I was doing both jobs, so I would
14 say I started with the constable's about 2002, '3,
15 best of my recollection.
16 Q. What is Hilbert -- Hilbert College?
17 THE WITNESS: Is that okay?
18 Hilbert College is a private college in
19 New York.
20 BY MR. COOK:
21 Q. Did you go there?
22 A. Yes.
23 Q. For what?
24 A. Criminal justice and psychology.
25 Q. Did you graduate with a degree?
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1 A. Yes. No, I didn't graduate that school
2 from a degree, no. I didn't graduate any school
3 from a degree. My job -- my job at that time got in
4 the way. I was making a lot of money.
5 Q. When did you go there?
6 A. I graduated in '96. I spent two years --
7 that was a long time ago. I'm 35 now.
8 I graduated in '96. I took a year off.
9 '7, '97, I spent at Erie Community College for
10 criminal justice, got stellar grades. Then I got
11 accepted to a private school, so it must have been
12 two years after that, '98, '99. No. No, that's
13 wrong. I'm sorry.
14 Yeah. '99.
15 Q. And when did you last go to --
16 A. And I spent three years there. When did
17 I last go to what?
18 Q. To Hilbert College.
19 A. I don't remember. When did I last go? I
20 don't know. I just put the math out there. When
21 did I last go to that college or any --
22 Q. Yes.
23 A. -- college?
24 Q. That college.
25 A. Best of my recollection, it was two years
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1 after I got out of community college, so that would
2 be '96. I graduated in '96, '7, '8, '99, 2000.
3 Q. All right.
4 A. I think.
5 Q. Did you go to any colleges after that?
6 A. Empire State, Erie.
7 Q. Empire State, was that on-line you did
8 that?
9 A. Yeah.
10 Q. Okay.
11 A. I went to -- I'm doing this off the best
12 recollection off the top of my head. Without a
13 résumé in front of me, this is kind of confusing.
14 Q. Do you keep a résumé?
15 A. Of course, yes. I'm a professional.
16 It's on hand.
17 MR. COOK: All right. I'm going to
18 request that you produce that, Matt. Thank you.
19 THE WITNESS: Okay. Got to repeat the
20 question.
21 BY MR. COOK:
22 Q. Any other colleges? I've got Erie,
23 Empire and Hilbert.
24 A. Edinboro University. That was the last
25 college I went to. That was in Pennsylvania, and
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1 then I moved out here.
2 So I've got like -- I don't know -- five
3 or six years of education, just no degree at this
4 point 'cause of work.
5 Q. And then when you started at Clark
6 County -- I'm sorry, at Boulder City Police
7 Department, what were your job duties?
8 A. Police officer.
9 Q. Were you a patrolman?
10 A. Yes.
11 Q. Were you a patrolman the whole five
12 years?
13 A. Yes.
14 Q. Any dis- --
15 A. One year in the academy, four years on
16 the street.
17 Q. Any disciplines?
18 A. Never.
19 Q. And two years in the constable, what were
20 you doing there? What were your duties?
21 A. Serving daddy notices that don't pay,
22 warrants, executing warrants, active warrants that
23 Las Vegas Metropolitan can't catch up with.
24 Basically with constables, too, we had a division
25 that towed and impounded cars that were illegally
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1 parked in the street.
2 Basically a constable job is like a
3 step-in. It's a stepping-stone in law enforcement.
4 I put myself through the academy, so I pretty much
5 had a choice of whatever I wanted 'cause of my
6 grades and I put myself through and everything like
7 that, but I chose to go to Boulder and -- I don't
8 know.
9 Q. When you were first hired at the School
10 District, what were your job duties?
11 A. First hired, orientation and training for
12 the first eight months.
13 Q. After that?
14 A. Patrol, traffic, ensuring the safety of
15 the students, protecting the property of CCSD,
16 enforcing the local and the federal laws within my
17 patrol area, making arrests, well, deciding whether
18 I'm going to make an arrest or not, you know, in
19 certain things, misdemeanors and stuff like that,
20 dealing with the community. I was big into
21 community projects at elementary schools, a couple
22 different ones. I got into that for a few years
23 really big, and other than that, patrol duties.
24 Q. Were your job duties as of January 2013
25 the same as they were when you started?
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1 A. Yes. And I was considered very good at
2 what I did. I've never had a boss write me up.
3 I've never had a disciplinary action. I've been
4 verbally warned once about something.
5 MR. PARK: That's good. Answer the
6 question he asks.
7 THE WITNESS: Okay.
8 BY MR. COOK:
9 Q. What were you verbally warned once about?
10 A. Okay. I got an anonymous call saying
11 that I was speeding on the highway. They got the
12 wrong car.
13 I take my job very seriously. I'm by the
14 book. This is my career.
15 Q. Did you ever try and test up for sergeant
16 or anything like that?
17 A. Not yet. I don't believe I'm ready yet.
18 I still got more experience to learn. I'm 35.
19 Q. Aren't there sergeants younger than you?
20 A. Absolutely. I'm not ready yet. I still
21 got a lot more to learn.
22 Q. Why do you think you're not ready? What
23 more do you think you have to learn?
24 A. 'Cause when I jump into a position, I
25 want to be perfectly efficient. I don't want to be
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1 looked like as a fool. I know what I know and I
2 know a very lot. I'm not saying I know everything.
3 I'm just not personally ready for that.
4 Q. Why are you not personally ready for
5 that?
6 A. In a few years I may be. It's just a
7 personal decision of mine.
8 Q. I didn't ask when you thought you would.
9 A. I just answered that. I said when I'm
10 personally ready I will put in my application.
11 There's -- I'm sick right now. I've got a lot of
12 things on my plate that I have to deal with health,
13 and this is the last thing on my mind.
14 Q. All right. Well, you said you started
15 feeling sick in February 2013; is that correct?
16 A. February.
17 Q. All right. Why didn't you test for
18 sergeant prior to February 2013?
19 A. I just answered that question. I said
20 I'm not personally ready for it yet. I love my
21 duties now. I have fun with what I do now. I
22 figure -- my game plan was the time I was about 40 I
23 was going to go ahead and put in for sergeant just
24 because I don't want to be a sergeant yet. I love
25 what I do. I take pride in it, and I do my job.
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1 I'm not ready. I don't -- I don't want
2 it right now. It has nothing to do with the money.
3 I love my job.
4 Q. When is the last time you worked your
5 job?
6 A. When did I go out? FMLA was -- when was
7 the last day of school?
8 MR. PARK: I don't know.
9 A. I'm sorry. I'm trying to think. It was
10 the day before the last day of school. I had to
11 throw in the towel. I was throwing up in a parking
12 lot while I was on duty I was so sick, called my
13 boss and I said, "I need to go home." Next day I
14 filled out the paperwork for FMLA.
15 I don't know.
16 BY MR. COOK:
17 Q. So that's sometime end of May, beginning
18 of June this year?
19 A. No. January, February, March, April.
20 Best of my knowledge, I think it was April I handed
21 in my FMLA paperwork. It was the beginning of
22 April.
23 I was stubborn. I thought I could handle
24 myself. I didn't think I was that sick. I thought
25 bed rest and some medicine would take care of me.
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1 It progressively got worse, and then that's when I
2 went to St. Rose Hospital.
3 Q. And that was beginning of April, is the
4 last day you worked?
5 A. Oh, God, I don't remember without having
6 the paperwork in front of me. I've been through a
7 lot. I -- I don't remember the date I last left.
8 Q. When you --
9 A. All I know, it was the day before -- it
10 was the day before school ended, and I couldn't take
11 it anymore.
12 Q. When you say you've been through a lot,
13 are you talking about medically?
14 A. Yes.
15 Q. All right. Typically you're aware that
16 summer vacation for school -- how long have you been
17 a -- sorry. Let me strike that.
18 How long have you been a Clark County
19 School District police officer?
20 A. Oh, I thought I said '05, '05, 9 of '05.
21 Q. So about eight years?
22 A. Yes.
23 Q. All right.
24 A. 9/5 of '05 now that I'm remembering.
25 Q. All right. So in those approximately
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1 eight years of being a School District police
2 officer, is your best recollection that school ends
3 in April, May or June?
4 A. Well, it ends in June.
5 Q. Okay. So if you -- if your last day was
6 the day before the last day, wouldn't your last day
7 have been June something of 2013?
8 MR. PARK: Objection, form. Go ahead.
9 THE WITNESS: I'm sorry?
10 MR. PARK: I just said, "Objection,
11 form," but you can answer the question.
12 THE WITNESS: I'll answer.
13 BY MR. COOK:
14 Q. I'm sorry?
15 A. Okay. Let me explain. When you're sick,
16 the most important thing on your mind at that point
17 the day that I left work is, number one, I don't
18 want to leave work. I love my job. Number two, I
19 was completely useless.
20 I don't remember the exact day. Human
21 resources would remember the exact day.
22 It was -- all I know for sure, it was the
23 day before school released. I was going to hang in
24 there for that last day, and I told my boss, "I'm
25 going to try to hang in here for this last day."
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1 Q. This is all I'm trying to figure out, and
2 I'm trying not to make this more complicated than it
3 should be, but I asked you when your last day was
4 and you said both the beginning of April and the day
5 before the last day of school --
6 A. Okay. You're not going to --
7 Q. -- and -- you need to let me finish the
8 question.
9 MR. PARK: Hang on.
10 BY MR. COOK:
11 Q. And if the last day of school is in June,
12 I'm trying to find out if when you said "the last
13 day of school" you meant something different than
14 the last day before summer vacation.
15 Do you understand what I'm asking you?
16 A. No.
17 Q. Okay.
18 MR. PARK: I mean, maybe --
19 MR. COOK: Go ahead.
20 A. I'm getting a general gist of where
21 you're going.
22 MR. PARK: I think what he wants to know
23 is if your best recollection is that your last day
24 of work was the day before school ended.
25 THE WITNESS: I just said that, yes. It
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1 was the day before --
2 MR. PARK: And --
3 THE WITNESS: -- school ended. I know
4 that for a fact.
5 MR. COOK: You got to let him ask you his
6 questions too.
7 MR. PARK: And -- and -- and that's just
8 the regular school schedule? He just wants to make
9 sure that we're all talking about the same thing,
10 the regular, normal school schedule.
11 THE WITNESS: Yeah.
12 MR. PARK: Yeah. Okay. I think
13 that's --
14 THE WITNESS: I know it was the day
15 before school, so there you go.
16 MR. PARK: I think that's resolved.
17 BY MR. COOK:
18 Q. All right. So you were working sick from
19 February through the day before the last day of
20 school; is that correct?
21 A. Absolutely.
22 Q. All right.
23 A. I tried putting it up. You know, I told
24 my boss I was sick numerous times, and he said, "Can
25 you make it through the day?" And of course being
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1 the man that I am and I love my job and I have a
2 good work ethic, I stuck it out, which was the wrong
3 thing to do.
4 Q. And how long from when you had your last
5 day at work till you went to see the doctor that
6 provided that statement that you would not be able
7 to have your deposition taken? Do you know which
8 doctor I'm talking about?
9 A. Gregory?
10 Q. Yeah.
11 A. Dr. Gregory. It was two different
12 doctors. Dr. Gregory wrote -- wrote it, and it
13 was -- I think it was the day before I left work for
14 good. Well, not for good, but for my medical leave
15 best of my recollection.
16 Q. Do you know who P.A. Troche is,
17 T-r-o-c-h-e?
18 A. Who?
19 Q. Troche, have you ever been to a physician
20 with that name?
21 A. Troche?
22 Q. Okay.
23 A. Yeah.
24 Q. What did you see him for?
25 MR. PARK: And again, this is all -- any
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1 of the confidential information would be under the
2 protective order.
3 A. I don't remember. I've got six different
4 doctors. Don't remember what he treats me for
5 without looking it up. I got Dr. Gregory, Dr. Tim.
6 Another one starts with a T, that one, and I got a
7 couple more.
8 BY MR. COOK:
9 Q. In June 2013, what was your understanding
10 of your diagnosis?
11 A. I was first diagnosis [sic] with the
12 easiest thing, and that was vertigo, which causes
13 constant dizziness and dizziness turns into
14 vomiting, a sick stomach, nausea.
15 Q. Since June of 2013, have you been
16 diagnosed with anything else besides vertigo?
17 A. Yes. I have back problems. I have a
18 herniated disk and a fractured tailbone.
19 Q. And that was caused by a motorcycle
20 accident?
21 A. Yeah, a long time ago.
22 Q. When is "a long time ago"?
23 A. I don't recall. Four years.
24 Q. Does that prevent you from riding your
25 motorcycle?
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1 A. Not at first. It was one of those things
2 as far as the herniated disk, as you probably
3 know -- I don't know if you've been through it --
4 before the pain starts setting in with a herniated
5 disk, you need a good month because of the movement,
6 and the more you move the more it starts swelling,
7 the more it starts getting herniated, and then the
8 pain really starts kicking in.
9 Q. And you said that was about four years
10 ago that the accident happened; is that correct?
11 A. Was it -- three -- yeah, four.
12 Q. And it took about a month, you said, for
13 the pain to start setting in, so when's the last
14 time you rode your motorcycle since that accident?
15 A. The pain -- well, there was numbing pain
16 and little shoots of pain, but I ignored it, and it
17 took about a month for it really starting to set in.
18 When's the last time I rode my
19 motorcycle? With a back brace, I rode my
20 motorcycle. The wife was at work. I think it was
21 like three weeks ago. I'd been in the house for two
22 and a half weeks. I got out. I got on it. I put
23 my back brace on, and I took a ride from my house to
24 the Boulevard, turned around and came back. If
25 you're a motorcycle guy, you'll understand.
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1 Q. How often have you been riding your
2 motorcycle this summer since you've been on Family
3 Medical Leave?
4 A. None. Once, twice at the most.
5 Q. The --
6 A. For a birthday party that I had to show
7 up to and -- and then to ride around a few blocks,
8 and that was it. I'm thinking about selling it
9 'cause I don't know if I'll be able to ride it
10 again.
11 MR. PARK: How you doing?
12 THE WITNESS: I got to use the rest room.
13 MR. PARK: Can we take a quick break?
14 MR. COOK: Yep.
15 THE VIDEOGRAPHER: Off the record at 9:39
16 a.m.
17 (Recess taken.)
18 THE VIDEOGRAPHER: We are back on the
19 video record at 9:45 a.m.
20 BY MR. COOK:
21 Q. Mr. Robbins, I'm going to go through
22 these issues in greater detail later, but I just
23 wanted to get kind of a preliminary sense of where
24 you stand on a few of these things that we've heard
25 testimony about in some of the prior depositions.
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1 Kevin Miranda says at the Wamsley party
2 on November 29th, 2009 he sat down with you at the
3 party while he had a Jack and Coke with him. Is he
4 lying?
5 A. Yes.
6 Q. He also says at the party on November
7 29th, 2009 at the Wamsley house he finished that
8 Jack and Coke, made a fresh one and sat back down
9 with you. Is he lying about that too?
10 A. Yes.
11 Q. And he says you were there at the table
12 with him while he was playing beer pong. Is he
13 lying about that?
14 A. Yes.
15 Q. Lieutenant Burgess says you told him that
16 there was a cover-up of the department's involvement
17 in Angela's death. Is he lying too?
18 A. He got it misconstrued.
19 Q. He misunderstood something?
20 A. Yes.
21 Q. He also says that you told him that
22 Lieutenant Young was ordered to take down the party
23 fliers. Is he lying about that?
24 A. I'm sorry. I said that?
25 Q. That you told him --
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1 A. That's wrong.
2 Q. -- Lieutenant Young --
3 A. That's not true.
4 Q. You got to let me finish the question.
5 Lieutenant Burgess says that you told him
6 Lieutenant Young was ordered to take down the party
7 fliers. Is he lying about that?
8 A. I just answered yes, that is not true.
9 Q. Lieutenant Burgess also says that you
10 told him you brought a case of beer to the Wamsley
11 party. Is he lying about that?
12 A. It's not true.
13 Q. So he's lying about that?
14 A. Yes.
15 Q. Christina Zeddies also testified that you
16 brought liquor to the Wamsley party on November
17 29th, 2009. Is she lying?
18 A. Yes.
19 MR. KELLER: Form.
20 MR. PARK: Objection, form. Go ahead.
21 BY MR. COOK:
22 Q. Penny Higgins says that she saw you
23 sitting down drinking with Miranda at a table at the
24 Wamsley party on November 29th, 2009. Is she lying?
25 A. Yes.
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1 MR. KELLER: Form.
2 BY MR. COOK:
3 Q. And she also says that you were standing
4 by Miranda while he was playing beer pong with your
5 wife and Tina Zuniga at the Wamsley party. Is she
6 lying about that?
7 MR. PARK: Object to form. Go ahead.
8 Go ahead. You can answer.
9 A. If he was, I didn't see him. I just met
10 the guy. But there was no kids.
11 BY MR. COOK:
12 Q. Vince Glaviano said that you were
13 concerned about being investigated for lying in your
14 police interview with Metro after the party. Is he
15 lying?
16 MR. PARK: Object to form. Go ahead.
17 THE WITNESS: Why's he got to go on?
18 MR. PARK: You -- you can answer the
19 question.
20 THE WITNESS: I don't know Vince
21 Glaviano. I don't know why he's asking -- saying
22 that stuff. No.
23 Repeat the question again.
24 BY MR. COOK:
25 Q. Glaviano says you said you were concerned
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1 about being investigated for lying in your interview
2 with Metro about the party. Is he lying?
3 A. Yes.
4 Q. Okay. Do you have any idea why all these
5 different people would tell lies about you?
6 MR. PARK: Objection, form, foundation,
7 calls for speculation.
8 MR. COOK: You can answer.
9 MR. PARK: You can answer.
10 A. I'll answer in the most political way I
11 can, but I'll -- I'll lay it all out there. 150
12 officers in -- in the department, telephone game,
13 things get misconstrued. Half of the stuff that I'm
14 hearing right now, I'm just as mad about it as when
15 I was with him hearing all this stuff.
16 I've worked all my life to become a
17 police officer. There are two sides to CCSD.
18 Obviously some people like you; some people don't
19 for whatever reason. Certain people like to step
20 forward and aim things and allegations towards
21 people they don't like.
22 Glaviano I've talked to once in my life
23 when he first got hired. It's a big department. I
24 work on the other side of town. When he was
25 working, he was working a whole different shift. My
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1 run-in with him his first day of employment, half an
2 hour. "I'm Mark Robbins."
3 "I'm Vincent Glaviano."
4 I've been a cop longer than him. He's a
5 rookie. I introduced myself, and that's it. I
6 wasn't his field trainer. I don't know much about
7 him. I don't know why he's saying that.
8 There's certain people that feed off
9 other people, and that's how things get.
10 BY MR. COOK:
11 Q. Kevin Miranda's not a Clark County School
12 District police officer; correct?
13 A. That's correct.
14 Q. Okay. Now, you said you had never met
15 him before that party?
16 A. That's the first time I met him in like,
17 "How you doing? I'm Mark." I've seen him, never
18 met him.
19 Q. So if your wife testified that you had
20 met him more than five times before that party, is
21 she lying?
22 A. Never met him five times before that
23 party.
24 Q. How many times before that party did you
25 meet him?
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1 A. Tina Zuniga's house, we went there one
2 time, and he was with Marisa. We were picking up
3 Tina. We were going out. It was a long time ago.
4 And me and Tina and -- and my wife were going out,
5 and I believe Kevin was at the house. I didn't even
6 say "hi" to him. I didn't even know who he was
7 'cause I got out of the car, waited for the girls to
8 get out of the house and then we left, and I kind of
9 met him in passing, but I didn't even say a word to
10 him. But I know Tina's daughter, so I talked to
11 her.
12 But the first time I -- really I got
13 introduced to Kevin Miranda for a second and a half
14 was at the party.
15 Now, if me and the wife were around and
16 she knows him and she thought I knew him, that's a
17 different story, but I'm not very talkative.
18 Q. And if Tina Zuniga says that you met
19 Kevin Miranda multiple times, is she lying, before
20 the party?
21 MR. PARK: Objection, form. Go ahead.
22 A. I don't understand what the definition of
23 "met" is. "Met" to me is shaking hands, looking a
24 man in the eye and saying, "Hi, I'm Mark Robbins."
25 If "meeting" means passing by and I ignore the
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1 person because Tina's daughter is his girlfriend and
2 I could care less about Tina's daughter and who her
3 boyfriend is 'cause I'm friends with -- I was -- at
4 the time I was friends with Tina, and my wife
5 obviously, we were dating or whatever, but I
6 don't -- honestly I didn't care who he was because I
7 don't know him.
8 Unless I know somebody, I don't go out of
9 my way just to be like, "Hey, what's going" --
10 but --
11 BY MR. COOK:
12 Q. You knew who he was before the party;
13 correct?
14 A. Had an idea, didn't know who he was. I
15 knew his first name was Kevin 'cause that's what I
16 was told.
17 Q. And you knew you had seen him at Tina's
18 house and --
19 A. Sure.
20 Q. -- you knew that he was going out with
21 Marisa?
22 A. I knew that he was dating Marisa at the
23 time, yes.
24 Q. And you knew he was a minor; correct?
25 A. At Tina's house, I -- no, I didn't know
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1 he was a minor, nor did I care. At Tina's house, I
2 had no idea he was a minor.
3 Q. At any point before or at the party, you
4 knew he was a minor; correct?
5 A. I never asked him his age, no.
6 Q. You've been a school cop eight years.
7 You can't tell a 15-year-old from a 21-year-old?
8 MR. PARK: Objection, form.
9 BY MR. COOK:
10 Q. Is that what your testimony is, sir?
11 MR. PARK: Same objection. Go ahead.
12 You can answer.
13 A. I am a school cop, but I don't guess
14 ages. I can estimate. Estimate doesn't go in
15 police reports unless you're investigating a traffic
16 investigation.
17 BY MR. COOK:
18 Q. Estimate doesn't go in police reports?
19 Estimate goes in police reports all the time.
20 A. Facts go in police reports. Estimates
21 are guesses. Unless it's a car accident with a
22 fatal, then.
23 Q. And if I asked your wife if you knew the
24 general age of Miranda and she said, "Sure, yes," is
25 she lying too?
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1 MR. PARK: Objection, foundation,
2 speculation, calls for speculation.
3 A. How can she speak for me? I don't know.
4 BY MR. COOK:
5 Q. Okay.
6 A. I don't tell her everything. "Hey, is
7 that guy 16 or is he 14?" I don't care because I
8 didn't know the guy.
9 If you run into somebody on the street, I
10 don't know him.
11 Q. And you were not at a tailgate party
12 while Kevin Miranda was playing beer pong months
13 before this event, a UNLV game?
14 A. No.
15 Q. Okay.
16 A. Not unless I didn't know him at the time
17 and I don't remember him being there. I have a very
18 close knit of friends. I remember that UNLV game.
19 I actually do. It was Tina. It was me. It was our
20 regular group of friends. It was Tina. It was me.
21 I can't -- I really can't remember who
22 else was there. I do remember that.
23 Q. And you don't remember Marisa and Kevin
24 Miranda playing beer pong on -- I think it was by a
25 Lincoln Navigator?
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1 A. No. Beer pong outside?
2 Q. Yeah.
3 A. No.
4 Q. Sorry. Lincoln Continental.
5 A. That was my wife's truck. Beer pong at a
6 UNLV game, no. I did go to a UNLV game years ago
7 with the department.
8 Q. Right. The months before this party,
9 2009; correct?
10 A. Was it? I guess, yeah. There are very
11 lot of people there. I pay attention to my close
12 knit of friends.
13 Q. Well --
14 A. Who Marisa's dating, I don't care.
15 Q. Okay. Would you consider your wife part
16 of your close-knit group of friends?
17 A. She's my wife. She's my best friend.
18 Q. All right. So in 2009 at that UNLV
19 party, you would have been paying attention to your
20 close group of friends, which would have included
21 your wife; correct?
22 MR. PARK: Objection, form. Go ahead.
23 You can answer.
24 A. Say it again.
25 MR. COOK: Can you read it back, please.
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1 THE WITNESS: Do you want me to answer or
2 no?
3 MR. PARK: You can answer. Just --
4 THE WITNESS: What's the objection?
5 MR. PARK: -- I will -- I will object,
6 but you can go ahead and answer unless I say, "Don't
7 answer."
8 THE WITNESS: Okay. So repeat the
9 question.
10 (Record read by the court
11 reporter.)
12 A. Yes.
13 BY MR. COOK:
14 Q. So if she was playing beer pong with
15 Miranda, you would have noticed; correct?
16 A. Depending on where I was in the tailgate
17 party. You have to remember that most of CCSD was
18 there, and I'm a social butterfly so I would hop to
19 my friends from place to place.
20 If she was playing beer pong with Kevin
21 Miranda --
22 Q. Did you just say you were a social
23 butterfly?
24 A. With my friends, yeah.
25 Q. Who is your group of friends?
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1 A. All of them?
2 Q. Well, you said you had a close-knit group
3 of friends; right?
4 A. Yes.
5 Q. Okay. Who are they?
6 THE WITNESS: I have to put my name --
7 friends' names out here?
8 MR. PARK: You can tell him who your
9 friends are.
10 THE WITNESS: Anthony Gamboa, one of my
11 best friends. Got a buddy named George, one of my
12 best friends.
13 BY MR. COOK:
14 Q. George have a last name?
15 A. George doesn't work for the department.
16 Q. I didn't ask you if he worked for the
17 department. I asked if he had a last name.
18 MR. PARK: You can answer that.
19 A. I just hate bringing people into this
20 that have nothing to do with this. His name's
21 George Z. That's what we call him.
22 BY MR. COOK:
23 Q. Okay. What is his last name?
24 A. Zack.
25 Q. Thank you.
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1 Who else?
2 A. Shawn. Now I forgot his last name. He
3 just got married. Or not him who got married.
4 Shawn and Erin. It's Gamboa. Yeah, Gamboa, Anthony
5 Gamboa, Shawn, Erin, all last names, yeah, Gamboa.
6 Who else? Some of the people that I work
7 with, obviously his name's Chris Chin.
8 Q. Did you say --
9 A. I don't know. I could go down a name of
10 list.
11 Q. Did you say "Chris Chin" or "Christian"?
12 A. Chris Chin.
13 Q. Okay.
14 A. He's Chinese.
15 I -- oh, man. It's hard to put me on the
16 spot. I got a close-knit group of friends, but --
17 okay. That's -- that's the top three that I trust
18 with my life.
19 Q. What's your relationship like with
20 Lieutenant Burgess now?
21 A. Right this very second?
22 Q. Uh-huh.
23 A. He was my sergeant. As far as I knew, we
24 were great. Then I left -- he left being my
25 sergeant. I don't know what the stance is now. I
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1 haven't seen him. He hasn't been my sergeant since
2 the beginning of last school year.
3 Q. There's nothing about your relationship
4 with Lieutenant Burgess that would lead you to
5 believe he has anything against you then; correct?
6 A. Oh, I --
7 MR. PARK: Objection, form. Go ahead.
8 A. Before he left my area, he called me
9 stellar and one of the best officers, just like most
10 of the higher-ups do. After he left, he went to the
11 main station. I didn't see him for months.
12 MR. PARK: Are you all right?
13 Can we take a break?
14 MR. COOK: Yep.
15 THE VIDEOGRAPHER: Off the record at
16 10:01 a.m.
17 (Recess taken.)
18 THE VIDEOGRAPHER: We are back on the
19 record at 10:11 a.m.
20 BY MR. COOK:
21 Q. Sir, I was asking about Lieutenant
22 Burgess. Best of your understanding, you're not
23 aware of any reason Lieutenant Burgess would have to
24 lie about you; correct?
25 A. I don't know. At the point I worked with
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1 him, no.
2 Q. You're not aware of anything that
3 happened since then either, are you?
4 A. As -- as far as I thought, I never
5 thought.
6 Q. All right. Now, you said that when
7 Lieutenant Burgess said that you told him there was
8 a cover-up that -- that there was a
9 miscommunication. What did you mean by that?
10 A. I said there was no cover-up. As far as
11 I know, I wasn't -- I had nothing to do with a
12 cover-up. I didn't even know what he was talking
13 about at that -- at that point as far as the
14 cover-up thing.
15 Q. At what point?
16 A. At the point where I was -- when I was
17 talking about it. I was very vague on all this
18 cover-up stuff. This is -- I think this is when it
19 first -- this whole thing first hit the news, and --
20 yeah.
21 Q. So when this first hit the news, you had
22 a conversation with Dan Burgess; is that correct?
23 A. Yeah.
24 Q. Okay. Where was that conversation?
25 Where did it take place?
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1 A. Parking lot, Von Tobel Middle School.
2 Q. And what was discussed?
3 A. We talked about if I got my reports in.
4 We talked about how many arrests I made that day,
5 talked about how far back we were, I believe, and he
6 asked me what was going on, if I was okay
7 personally, and he said, "What's all this stuff
8 about a cover-up?" Basically I'm just paraphrasing.
9 And -- and I rolled my eyes, and I said, "There's no
10 cover-up. I don't understand why people are saying
11 cover-ups. About what?"
12 I just -- and that was about it. I don't
13 know why -- okay. Go ahead.
14 Q. What else happened during that
15 conversation? What else was discussed?
16 A. I don't remember really. I don't
17 remember. Unless there's something I'm missing, I
18 don't remember.
19 Q. Do you remember talking to him about
20 having conversations still with Chief Arroyo?
21 A. Before or after the incident?
22 Q. After Arroyo was no longer with the
23 department.
24 A. Yes.
25 Q. What was your conversation with Burgess
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1 about talking to Arroyo? Strike that. Let me back
2 up for you.
3 You had conversations with Arroyo after
4 Arroyo was terminated; is that right?
5 A. Yes.
6 Q. Okay. When?
7 A. I don't know. I don't recall.
8 Q. Within a month of his termination?
9 A. I don't recall.
10 Q. All right. What was your con- -- how
11 many conversations with Arroyo?
12 A. Well, we were friends before this
13 started. Not like friends, but we came on at the
14 same time. I don't know. I don't know. I have no
15 idea. I'm sorry.
16 Q. Were your conversations after Arroyo was
17 terminated telephonic, in person or some combination
18 of the two?
19 A. I've talked to him through my whole
20 career. As far as all this that's happening, I
21 don't remember. I'm assuming I talked to him, yeah,
22 after all -- this has been a long -- this has been a
23 long time. Yes, I'm pretty sure I've talked to him.
24 MR. PARK: And you just need to listen
25 to -- to Marc's question.
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1 A. Since the -- yeah.
2 BY MR. COOK:
3 Q. Right. Since Arroyo was terminated, have
4 you talked to him in person?
5 A. Not in person, no. Phone.
6 Q. Okay. About how many occasions after
7 he's been terminated have you spoke to him on the
8 phone?
9 A. Three.
10 Q. What were the topics of those
11 conversations? I think you said you don't remember
12 when they were. Is that correct?
13 A. I know it was shortly after he got
14 terminated. I honestly don't know when the other
15 ones were. I know I talked to him, but I honestly
16 don't know the dates and -- I don't know.
17 Q. All right. Well, what was the topic of
18 those conversations?
19 A. "What are you doing with yourself? Are
20 you enjoying life? What's going on? Are you
21 moving?" You know, just --
22 Q. Did you have any discussions with him
23 regarding his displeasure with his termination?
24 A. No. His exact words to me was -- I said,
25 "How you doing?" And he said, "It is what it is,
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1 and it's time for me to move on to the next chapter
2 of my life," or something like that. And that was
3 it. I mean --
4 Q. And when the news started about these
5 cover-ups, did you have any conversation with Arroyo
6 saying, "Hey, do you know anything" --
7 A. No.
8 Q. -- "about this?"
9 A. No, sir.
10 Q. Did you have any discussion with Arroyo
11 at all about a cover-up?
12 A. No, sir.
13 Q. Anything else you remember in those
14 conversations?
15 A. I mean, I can be -- how personal do I
16 have to get? Does it have to be about this case or
17 other conversations between me and him privately
18 about nothing that has to do with this?
19 Q. Let me ask it this way then: Did you
20 have any conversation -- you said you had three,
21 approximately, telephone conversations with Arroyo
22 after he was terminated; correct?
23 A. Best of my recollection, I'm saying yes,
24 to be safe, three.
25 Q. Okay. You say "yes, to be safe." Does
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1 that mean it could have been more?
2 A. Less.
3 Q. Okay. Between two and three?
4 A. Yes.
5 Q. All right. How long were each of these
6 conversations approximately? And I don't mean down
7 to the minute, but I mean was it, you know, a
8 30-second phone call or was it a 20-minute phone
9 call or something in between?
10 A. When we talk, we talk. Half-hour.
11 Q. Okay. So since his termination, your
12 total talk time with him is somewhere between an
13 hour and an hour and a half?
14 A. Half-hour. I said a half-hour.
15 Q. Oh, I thought you meant a half-hour each
16 phone conversation.
17 A. I thought you meant how much on one phone
18 conversation. Rephrase.
19 Q. Okay. Let me try that again.
20 You spoke to him on the phone two or
21 three times; correct?
22 A. Sure, yes.
23 Q. Okay. And that's Arroyo subsequent to
24 his termination? We're still --
25 MR. PARK: After.
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1 A. Yes. I know it's subsequent, yes. I'm
2 just trying to think.
3 BY MR. COOK:
4 Q. All right. And each of those
5 conversations you believe lasted about a half an
6 hour; is that correct?
7 A. Best of my recollection, half an hour.
8 Q. Okay. Is it your testimony that the
9 extent of your conversation about his termination
10 was, "How are you doing?" and he said, "It is what
11 it is," and he's moving on?
12 A. Pretty much, yeah.
13 Q. Okay. And is it your testimony that you
14 had no conversation with him at all about any
15 cover-up or any allegations of cover-ups?
16 A. No, sir.
17 Q. Okay. Did you have any conversations
18 with him about the lawsuit itself?
19 A. No, sir.
20 Q. Okay. So your half-hour conversations
21 with Arroyo were with the exception of -- of that
22 small bit about termination were purely personal in
23 nature, had nothing to do with the lawsuit or Angela
24 Peterson or the party; is that correct?
25 A. That is correct.
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1 Q. Okay. Now, when I asked Chief Arroyo the
2 same series of questions, he said he had spoken to
3 you once, it took about four minutes, and the extent
4 of your conversation was that the lawsuit was filed
5 and what attorney was going to represent who. Is he
6 lying?
7 A. No. I -- the -- no, that's not even
8 right. Listen. Okay. That's not even right.
9 We didn't talk about the case. He asked
10 me, "How are you doing?" That was the extent about
11 the case that came out, "How are you doing?" That
12 was it. "Are you okay? Is your family okay? How's
13 it going? Are you all right?"
14 Q. Let me read you his testimony from page
15 176 of his deposition.
16 A. I already read it. Go ahead.
17 Q. Oh, you read his deposition?
18 A. Yes. Go ahead.
19 Q. Do you recall earlier in your deposition
20 where I asked you if you had read any of the
21 depositions in preparation for this case and you --
22 A. Yes.
23 Q. -- said, "No"?
24 A. Preparation as far as the CDs? I got
25 handed like three CDs.
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1 Q. Whose depositions have you reviewed prior
2 to your deposition here today?
3 A. I looked at Morales's and I looked at my
4 wife's, but not with a review as in like sit down
5 and study forever because I don't want their
6 comments getting mixed up with mine. This happened
7 a long time ago. I want to keep it fresh.
8 Q. So you reviewed Morales's; correct?
9 A. Not from top to bottom, but I did look.
10 Q. All right. You reviewed your wife's
11 deposition?
12 A. Not from top to bottom, but I did look.
13 Q. You reviewed Arroyo's deposition?
14 A. Not to top to bottom, but I did look.
15 Q. Who else's?
16 A. Thomas.
17 Q. Okay. Who else?
18 A. Higgins.
19 Q. All right. Any others?
20 THE WITNESS: I think that's when I was
21 with you. I looked through.
22 MR. PARK: Yeah, and -- and --
23 THE WITNESS: I didn't spend much time.
24 I just looked through. I want my own clear head and
25 I'm doing this, but I -- I looked through and I
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1 looked at key little points that I was trying to --
2 but --
3 MR. PARK: Yeah, and -- and he's not
4 asking what you and I talked about. He just wants
5 to know what you remember that you saw.
6 THE WITNESS: Okay. So we'll get back to
7 what I saw. As far as reviewing in depth, sitting
8 there and taking notes, no, because I want my fresh
9 mind on my details and what I saw.
10 BY MR. COOK:
11 Q. I've never asked you if you took notes.
12 I'm trying to find out whose depos you looked at.
13 This is what I've got: Morales's, your wife's,
14 Arroyo's, Thomas's and Higgins'.
15 A. I'm sorry. When you said "read," I
16 thought you meant the whole way through.
17 Q. Anyone else's?
18 A. Nah, I -- no.
19 Q. All right.
20 MR. PARK: You can just tell him what you
21 remember.
22 THE WITNESS: All right.
23 BY MR. COOK:
24 Q. This is from page 176 of Arroyo's
25 deposition: "How many times have you talked to
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1 Robbins since your position was changed in October
2 2011?" That was his leaving date with the School
3 District.
4 His response: "Once."
5 I said, my answer, "Just as the court
6 case began to progress, he contacted" -- I'm sorry.
7 Strike that.
8 I asked him, "When was that?" When was
9 his conversation with you.
10 And this was his response: "Just as the
11 court case began to progress, he contacted me.
12 Actually, right after I finished conversing with him
13 for four minutes regarding what attorney was going
14 to represent who, I contacted my attorney, who
15 informed me not to have any more contact with him."
16 I said, "So from October 2011 to as we
17 sit here today, you have had one conversation with
18 Mark Robbins?"
19 He said, "Correct."
20 "And what was the content of that
21 conversation?"
22 His answer: "Basically he wanted to let
23 me know that he was under the impression that they
24 were going to give separate attorneys so we would
25 not be able to interact or go forward with anything,
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1 and I basically informed him that I would contact my
2 attorney and verify and to thank me for the
3 information -- or thank him for the information."
4 It's your testimony here today that that
5 testimony I just read from you from former Chief
6 Arroyo is inaccurate; isn't that true?
7 MR. PARK: Objection, foundation. Go
8 ahead. You can answer.
9 A. Give me a minute to think. One more time
10 just read it again, what you just read.
11 BY MR. COOK:
12 Q. Do you want me to read question, answer
13 or is there one particular one that you want? I
14 mean, let me --
15 A. Start from the beginning, please.
16 Q. All right. When I --
17 A. I'm sorry.
18 Q. When I asked when was that that he talked
19 to you, his answer: "Just as the court case began
20 to progress, he contacted me. Actually, right after
21 I finished conversing with him for four minutes
22 regarding what attorney was going to represent who,
23 I contacted my attorney, who informed me not to have
24 any more contact with him."
25 A. I do remember that conversation, yes.
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1 I'm sorry. I do remember that. That was the first
2 phone call that we made.
3 Q. All right. Well, if that was the first
4 phone call you made --
5 A. I believe. I mean, that was the first
6 phone call we made about -- after this. "We're not
7 allowed to talk." I told him we have two different
8 attorney representing each other and that there
9 was -- nobody was allowed to talk about anything
10 that had to do with the case. And then we started
11 talking about his future plans because I just wanted
12 to know what he was doing.
13 But yeah, I do actually remember that.
14 I'm sorry.
15 Q. And was that your second conversation
16 with him or your first or was this an additional one
17 that you had not recalled?
18 A. I don't recall. I don't recall if it was
19 the first, second, third, fourth, last, whatever.
20 I -- I don't recall. I'm sorry. But yes, we talked
21 more than once. When did you take his deposition?
22 Q. Same time yours was scheduled, that same
23 week.
24 A. We talked more than once.
25 MR. PARK: You okay?
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1 THE WITNESS: Yeah.
2 MR. PARK: Do you want to take a second?
3 THE WITNESS: No.
4 MR. PARK: Okay. Go ahead.
5 BY MR. COOK:
6 Q. And you're saying when Lieutenant Burgess
7 testified that you told him that not only were you
8 not getting investigated, Robbins told him it was
9 being covered up, that he somehow misconstrued you
10 saying "not covered up" with "covered up"; is that
11 correct?
12 A. I remember looking at him straight up and
13 saying, "What's going on with -- with all this
14 nonsense? What's going on? What's -- what's
15 happening?" And he said -- I'm trying to remember
16 exactly how the whole conversation went down. And I
17 looked at him. I said, "There was no cover-up. I
18 don't even know what you're talking about."
19 That was it. I mean, as far as that was
20 it, that was it. And I said it to him exactly like
21 I just made the face to you, like in disgust.
22 "There was no cover-up, so just -- just let it be
23 and let everything handle itself."
24 Burgess likes to pry, and I'm kind of a
25 person who unless I'm under oath I don't give out
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1 much information. After 14 years of being a cop, I
2 don't.
3 Q. Do you know Mike Thomas?
4 A. I do.
5 Q. Do you have any reason to believe he
6 would lie to your --
7 A. Absolutely.
8 Q. -- detriment?
9 And why would he lie to your detriment?
10 A. Do you want the full story or just down
11 to it?
12 Q. I want the question --
13 A. Full story is --
14 Q. -- answered whatever it takes to answer
15 the question.
16 A. Full story, we started working together a
17 long time ago. We used to be very best friends. As
18 far as I knew, we were best friends for a very long
19 time till I got a phone call one day.
20 THE WITNESS: Can I go into the phone
21 call and --
22 MR. PARK: Yeah.
23 THE WITNESS: Until I got a phone call
24 today [sic] during my wife's mother's birthday
25 party, which I was pulled out of, and he called me,
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1 and this is the first time I learned that there is a
2 lot of distrust and people I can't trust that are
3 sitting around me in the department, and I'm not
4 used to all this. Coming from the East Coast, I'm
5 not used to the backstabbing and all this other
6 stuff.
7 He called me, one of my best friends --
8 and I don't know if he brought this up --
9 interrupted my wife's mom's dinner, which I had to
10 step outside 'cause he was yelling on the phone,
11 "Man, you're in some deep trouble. You're in some
12 deep trouble. You need to return my call." So I
13 said, "I'll step out quietly and I'll return the
14 phone call."
15 I went outside, and he said, "Hey, hey,
16 hey, I just want to let you know that there's
17 pictures of you and Kevin Miranda drinking and
18 playing beer pong." I looked at the phone, put it
19 back up to my ear, and I said, "No. Why are you
20 doing this? What -- what's going on?" He goes,
21 "No, I'm serious. I'm serious."
22 Not bringing up his track record, but he
23 does tend to lie. "I'm serious. I'm serious."
24 I said, "What pictures?"
25 "Pictures of you with Kevin Miranda and
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1 playing beer pong."
2 I said, "Oh, yeah? Show them to me. I
3 never played beer pong with Kevin Miranda. It's a
4 bunch of -- it's a lie. It's not true. What are
5 you doing? Where did you see these pictures and why
6 are you telling me this?"
7 "Well, I can't give out who I saw them
8 from, but they'll come out eventually. I'm just
9 trying to help my friend out and give you the
10 heads-up."
11 And I said, "No. You're trying to get me
12 to say something like, 'Oh, my gosh, pictures?'"
13 But I knew I had nothing to do with it.
14 That's when I lost my friendship with
15 him. I called him out as a liar. He knew I was
16 lying -- or he knew he was lying. I called his
17 bluff 'cause I told him I wanted to see the
18 pictures.
19 "Oh, yeah, I'll meet you. I'll meet you
20 next shift. I'll show you the pictures."
21 I'm like, "Okay, cool. This ought to be
22 interesting 'cause I really want to see the
23 pictures."
24 He never met me. He never called me. I
25 tried calling him after. I tried meeting him.
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1 Didn't answer his phone, went right to voice mail.
2 Been trying to get in touch with him at work since,
3 saying, "Really, I want to see these pictures."
4 Ignore phone call after phone call after phone call.
5 That's when I realized that for some
6 reason, just like sometimes there is, there's
7 cliques, and once a person, somebody finds something
8 to dig into, whether they're your friend or not,
9 they go for it.
10 BY MR. COOK:
11 Q. When was this conversation with Mike
12 Thomas?
13 A. On my -- can I text my wife and ask her
14 when her mom's birthday is two years ago 'cause I
15 don't know off the top of my head?
16 MR. PARK: I think he wants an
17 approximate time, what you can remember.
18 A. Fall of -- fall of -- when the news first
19 broke. I don't know what year that was.
20 BY MR. COOK:
21 Q. Well, three years ago would be 2010.
22 When --
23 A. Yeah.
24 Q. -- the story broke, it was --
25 A. Sounds about right. Whenever it broke on
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1 the news and it became a big deal, that's when I got
2 the phone call from him, and about a day later I
3 figured out the guy's not a friend. He has
4 something going on in the background. I'm not sure
5 what it is and why he wants to do this, but I asked
6 him numerous times to show me the pictures and that
7 was it.
8 Q. And do you have any reason to believe
9 Penny Higgins would lie to your detriment?
10 A. Absolutely.
11 Q. And what are those reasons?
12 A. She had a lot of problems at work up in
13 dispatch. I guess she didn't like the way she --
14 the way it went and she got terminated, so, you
15 know, there's a lot of vindictive people out there
16 and people go after other people when they're
17 unhappy or they feel they've been treated unjust.
18 Can't really speak for Penny Higgins, but
19 that's sure as heck what it looked like. She
20 disappeared very -- quite fast, and, you know, numerous
21 times I've heard her complain about upper management
22 and dispatch, and she's a very miserable person.
23 Q. When did you hear her complain?
24 A. I heard her complain a bunch of times.
25 Used to -- when we used to be able to go up in the
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1 dispatch as officers in order to get paperwork and
2 stuff like that, I'd hear her in there. Grouchy. I
3 would just ignore her 'cause I had nothing to do
4 with her.
5 Q. Any idea why she would lie about you then
6 as opposed to somebody else if she was just grouchy
7 and miserable?
8 THE WITNESS: Can I talk to you for a
9 second?
10 MR. PARK: Answer his --
11 MR. COOK: You have to answer the
12 question first.
13 MR. PARK: Answer the question first.
14 THE WITNESS: Yeah. She had it after the
15 chief. She had it after upper brass. She wants her
16 job back. She didn't get it back, didn't want her
17 to come back 'cause of the sickness she has. She
18 didn't get her paperwork in on time and she got
19 terminated, disgruntled employee.
20 BY MR. COOK:
21 Q. Where'd you get that information?
22 A. Word travels around a small department.
23 Q. Okay.
24 A. So it's hearsay.
25 Q. I -- I just asked where you got it.
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1 A. I know.
2 Q. Okay. But you didn't answer that part.
3 Where'd you get it? Who told you?
4 A. Hearsay around the department.
5 Q. Do you understand that's not responsive
6 to, "Who told you?"
7 A. I don't remember who told me exactly.
8 Numerous people.
9 Q. Okay. Who were the numerous people?
10 MR. PARK: Objection. He just answered
11 he doesn't remember them.
12 A. I don't remember. I'm sorry.
13 BY MR. COOK:
14 Q. You don't remember anyone who told you
15 that?
16 A. If I said, I'd be making it up off the
17 top of my head.
18 Q. All right. So then your testimony is
19 numerous people told you that, but you don't
20 remember any of them; is that correct, sir?
21 A. It's a long time ago. Who was it?
22 I don't remember. I -- I don't remember
23 exactly who. I'm trying to figure out what patrol
24 area I'm at -- I was that long ago.
25 The first person I heard it from was Dere
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1 Danezotes [sic], dispatcher in CCSD Police. To the
2 best of my recollection, that's the first person
3 that I heard it from.
4 Q. Now, if she was mad at her superiors,
5 you're not her superior, are you?
6 A. No, but I'm wrapped up in this, and there
7 was a superior there.
8 Q. And I'm sorry. What?
9 A. And there was a superior there.
10 Q. Who was the superior there?
11 A. Lieutenant Morales.
12 Q. So how does that lead you to believe she
13 would lie about you to your detriment?
14 A. 'Cause I'm wrapped up in it.
15 Q. And how are you wrapped up in it? What
16 do you mean by that?
17 A. I was in the wrong place at the wrong
18 time.
19 Q. Did you have a Facebook account under
20 Mark Morales -- Mike Morales?
21 A. Mark --
22 MR. PARK: Objection.
23 BY MR. COOK:
24 Q. Sorry. Mark Morales?
25 A. Yes.
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1 MR. PARK: Under Mark Morales?
2 MR. COOK: Sorry.
3 THE WITNESS: Well, Mark Robbins.
4 MR. PARK: Yeah.
5 MR. COOK: Strike.
6 MR. PARK: Start over.
7 BY MR. COOK:
8 Q. Did you have a Facebook account under
9 Mark Robbins?
10 A. Yes, sir.
11 Q. Did you close that Facebook account down?
12 A. Absolutely.
13 Q. Why?
14 A. 'Cause I'm a police officer and it's
15 nothing but trouble. All the training courses we've
16 been through about Facebook and this and that, I --
17 I've taken it up, put it down a few times, and it
18 was originally supposed to be for family but it's
19 gone.
20 Q. So what do you mean by you're a police
21 officer and it's nothing but trouble?
22 A. Well, it's a -- I'm a responsible police
23 officer. Number one, if I put my business out of
24 there, I arrest somebody, they found out who I am,
25 they got my Facebook. They see my kids. They see
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1 all my friends. They could take a guess where I
2 live. They see all my activities, and I'm a cop.
3 So all that kind of stuff as far as
4 homesteading houses and everything and keeping
5 everything very private, yeah, after the training
6 course I took, which was Facebook, a year and a half
7 ago, played around with it and I shut it down.
8 Q. So and then you currently don't have a
9 Facebook account?
10 A. Nope.
11 Q. I'm sorry?
12 A. No, sir.
13 Q. Okay.
14 A. As of January, February. I put it back
15 up for about a month and I took it back down again.
16 MR. COOK: Can I get this marked next.
17 (Exhibit 2 was marked for
18 identification.)
19 MR. PARK: You're going to have yours if
20 you want to look at it.
21 BY MR. COOK:
22 Q. So that Exhibit 2 isn't your current
23 Facebook account with your name written backwards
24 that I printed off of yesterday?
25 A. It's closed. How did you get in my
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1 Facebook account?
2 Q. I thought you didn't have one.
3 A. I don't. I don't have a Facebook.
4 Q. So that's not a picture of you?
5 A. As of curr- -- you printed this out when?
6 Q. Yesterday.
7 A. Bring it up on a laptop. I don't have a
8 Facebook today.
9 Q. Is that you?
10 A. Yes, but I don't have a Facebook. I
11 haven't had one for the last two months.
12 Q. I thought you just said you took it down
13 in January.
14 A. My memory is bad, short-term memory.
15 Haven't had some for some months.
16 Q. And --
17 A. Doesn't it show on Facebook when you
18 deleted it?
19 Q. Is this you?
20 A. Yes, sir, it is.
21 Q. Do you see that picture where it says --
22 oh, by the way, this is you, but you spelled your
23 name backwards; correct?
24 A. Yeah, for fun.
25 MR. PARK: Are you saying this is -- is
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1 this picture him or is this his Facebook account?
2 MR. COOK: Both.
3 A. "Do you" want to "know Kram?"
4 This is not up right now. If you pulled
5 it up on that computer, my Facebook wouldn't come up
6 unless there's something I'm completely unaware of.
7 BY MR. COOK:
8 Q. Sir, can you answer the question I asked
9 you.
10 A. Yeah, but you said it was up right now.
11 It's not up.
12 Yes, that is my Facebook account. That's
13 me. That's my motorcycle.
14 Q. Okay. And do you see where it says that
15 you changed your cover photo on May 5th?
16 MR. PARK: Right there.
17 A. Okay, yes.
18 BY MR. COOK:
19 Q. All right. So at least as of May 5th, it
20 was up; right?
21 A. Yeah.
22 Q. All right. And --
23 A. You know why I took it up?
24 Q. Please tell me.
25 A. Okay.
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1 Oh, you want to know?
2 Q. Sure.
3 A. I'm sorry.
4 I took it up because I was getting
5 harassed because of this.
6 Q. You took it up. What do you mean you
7 took it --
8 A. I took it down. I'm sorry.
9 I don't believe this is from yesterday.
10 I'm sorry.
11 Q. Do you see where it says, "Studies at
12 Hilbert College"?
13 A. Yes.
14 Q. You don't currently study at Hilbert
15 College, though; correct?
16 A. Correct.
17 Q. That picture that you changed to on May
18 5th, does that indicate you were riding on May 5th?
19 A. January, February, March, April, May.
20 January, February, March, April, May. What was May
21 5th? Can I consult my calendar? I don't think so,
22 but can I look?
23 Q. Yeah, take a look.
24 A. Great. Where's my phone?
25 Sunday, nothing in my calendar. This
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1 page isn't up. May 5th, I don't know. I don't
2 recall. May, June, July, August. I don't recall.
3 I'm sorry. I don't recall. It's not in
4 my calendar. I put all my rides in my calendar.
5 THE VIDEOGRAPHER: Pardon me, Counsel.
6 Can we change tape?
7 MR. COOK: Yes. Sorry. I forgot about
8 the note.
9 THE VIDEOGRAPHER: The time is 10:44 a.m.
10 This concludes digital tape number one, and we're
11 off the record.
12 (Recess taken.)
13 (Exhibit 3 was marked for
14 identification.)
15 THE VIDEOGRAPHER: We are back on the
16 record at 10:51 a.m., and this begins digital tape
17 number two.
18 BY MR. COOK:
19 Q. Sir, it's your testimony that that
20 Facebook, I couldn't have possibly gotten that
21 picture today. Is that what you said?
22 A. No.
23 Q. No, that's not what you said?
24 A. I said no, there's no way you could have
25 gotten this Facebook today.
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1 Q. Well, other than fat thumbs and typing in
2 two I's, I'm going to do a search right now while
3 you're with me.
4 A. Please do.
5 MR. COOK: And in fact, if I can get a
6 shot of my phone.
7 THE VIDEOGRAPHER: One moment.
8 MR. COOK: Is that better?
9 THE VIDEOGRAPHER: Yes. Okay, got it.
10 BY MR. COOK:
11 Q. Is that your Facebook page right there?
12 THE WITNESS: Oh, I definitely need to
13 talk to you about this one. I didn't reactivate it,
14 but I have a feeling who did it.
15 BY MR. COOK:
16 Q. In the meantime, can I get my phone back?
17 MR. PARK: Give his phone back.
18 A. I wasn't going to keep it.
19 I don't have a Facebook page. I haven't
20 looked at -- h'm.
21 BY MR. COOK:
22 Q. That's your Facebook page; right?
23 A. Yes, it is.
24 MR. COOK: Okay. Can we get the next one
25 handed to him, please.
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1 MR. PARK: Did you finish your answer?
2 Do you want to --
3 BY MR. COOK:
4 Q. Did you talk --
5 MR. PARK: You can tell him.
6 BY MR. COOK:
7 Q. Did you talk about something outside you
8 want to tell me?
9 THE WITNESS: You want me to spit it
10 out --
11 MR. PARK: Yeah, you can tell him what
12 you think.
13 THE WITNESS: -- you know, what I was
14 saying?
15 Okay. If this is reopen, I've got to
16 talk to my wife. I didn't reopen this. My Facebook
17 pages, all Facebook pages are misconstrued and get
18 cops into trouble. The smartest thing to do as a
19 police officer is get rid of your Facebook.
20 If this is open, I would like to know
21 what date it was opened. I didn't open it.
22 BY MR. COOK:
23 Q. All right. And you know Facebook pages
24 get cops in trouble based on the seminar you had a
25 year and a half ago; right?
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1 A. Yeah.
2 Q. Okay. But on May of this year you had a
3 Facebook page and changed your picture, so you were
4 at least on it in May of this year; correct?
5 A. January, February, March, April, May. I
6 wasn't on Facebook. I --
7 Q. You weren't -- you weren't on Facebook --
8 A. January, February, March, April, May.
9 Q. -- in May 2013?
10 MR. COOK: This is the next one.
11 A. The only thing that would make sense --
12 January, February, March, April, May. I didn't
13 react- -- this isn't even right.
14 BY MR. COOK:
15 Q. Is it your test- --
16 A. I'm sorry, sir. I wasn't on Facebook
17 since me and my wife split. The only time I was on
18 Facebook was to take her name off my Facebook 'cause
19 we split and I wasn't sure we were going to get back
20 together again, was a total of ten seconds, and I
21 shut it back down.
22 Q. When did you and --
23 A. If this came back up --
24 Q. -- your wife split?
25 A. When did we split up?
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1 Q. Yeah. You said "when me and my wife
2 split." I'm trying to find out when that was.
3 A. January, end of January.
4 Q. All right. Do you see this picture of
5 you? It looks like it's --
6 A. It's absolutely me.
7 Q. All right. And it looks like it's one of
8 those pictures where you stand with your arms in
9 front of your face and you click a photo; right?
10 A. Negative. There was someone else taking
11 that picture. We were on a beach in California.
12 Q. Okay. And on May 1st, according to
13 this --
14 A. That wasn't May 1st. That beach in
15 California was two years ago. I liked the picture.
16 I put it up a long time ago.
17 Q. You got to let me finish the question.
18 A. Okay.
19 Q. On May 1st this says you changed your
20 profile picture to this picture of your face;
21 correct?
22 A. I didn't change anything, but the fact
23 that I was single or I was complicated or not
24 married anymore, that's the only thing I took off.
25 Everything that had to do with my ex-wife at the
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1 time, I tried to clean out my whole Facebook page,
2 and then I ditched it.
3 Now, my --
4 Q. Why'd you -- why'd you clean it up before
5 you ditched it?
6 MR. PARK: No, let him -- let him finish.
7 Finish your answer.
8 A. I thought we weren't interrupting. I'm
9 trying my best to explain this before I lose my
10 train of thought.
11 If my wife gets ahold of my Facebook,
12 which my passwords are pretty common, it doesn't
13 take a rocket scientist to figure it out, I wasn't
14 on this May 1st, and if I was on it May 1st, it was
15 to change my marital status and it was to get rid of
16 and drop and delete my Facebook, and that was that.
17 BY MR. COOK:
18 Q. If you were going to delete your
19 Facebook, why would you change your marital status
20 before you deleted your Facebook?
21 A. 'Cause if I ever brought it back up
22 again.
23 Q. Well, couldn't you change it --
24 A. After the smoke settled and cleared and
25 everything was back to normal and I can get back
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1 into just me, my kids, my family and not all the
2 stuff with relationships and stuff, if I ever
3 decided to open it back up again, why not?
4 Q. Why couldn't you just change it when you
5 open it back up? If you're --
6 A. Because I --
7 Q. -- going to close it down, you close it
8 down, and then when you open it back up, you can
9 change whatever you want. Isn't -- isn't that a
10 possibility as well?
11 A. Sure.
12 Q. Why didn't you do that?
13 A. Because I didn't want to.
14 Q. All right. And --
15 A. I just did it as I did it. I was sick.
16 I was laying in bed, and I started changing things
17 because I had nothing else to do.
18 Q. You were sick and laying in bed in May of
19 2013; is that correct?
20 A. Yeah.
21 Q. Okay. So you weren't working until the
22 last day of school in 2013?
23 A. If you looked at my medical records for
24 my job, see how many days I was absent before I
25 actually called, throwed in the towel and said, "I
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1 can't work anymore. I'm a hazard," I called in so
2 many times I depleted my vacation, my sick, and then
3 I finally did FMLA.
4 Q. Why didn't you change your password so
5 nobody can get into it?
6 A. 'Cause I wanted to.
7 Q. All right.
8 MR. COOK: Can you hand the witness
9 Exhibit 3, please.
10 (Exhibit 3 was handed to the
11 witness.)
12 BY MR. COOK:
13 Q. Is that you?
14 A. That would be my wedding day. Yes.
15 Q. And who's that you're with?
16 A. Anthony Gamboa.
17 Q. Why is he flipping off the camera?
18 MR. PARK: Objection, foundation,
19 speculation.
20 BY MR. COOK:
21 Q. If you know.
22 THE WITNESS: Should I answer that?
23 MR. PARK: I mean, if you know.
24 A. That's the way he rolls. I mean, he just
25 does that. He's a goofball.
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1 BY MR. COOK:
2 Q. Isn't this Anthony Gamboa that got a DUI
3 not too long ago?
4 A. I'm not going to comment on that.
5 MR. PARK: Objection, foundation.
6 A. That's his life. I don't know.
7 BY MR. COOK:
8 Q. You don't know?
9 A. I don't know what his business is.
10 Q. Okay. I believe you identified him as
11 one of your closest personal friends, but you don't
12 know if he got a DUI. Is that your testimony today?
13 A. If I got --
14 MR. PARK: He just answered that.
15 Objection.
16 A. If I got a DUI, I wouldn't tell anybody
17 besides my department.
18 BY MR. COOK:
19 Q. That wasn't the question I asked.
20 Is it your testimony as you sit here
21 today you don't know whether or not Anthony Gamboa
22 got a DUI this past year?
23 A. No.
24 MR. PARK: Objection, asked and answered.
25 Go ahead.
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1 THE WITNESS: You want me to answer?
2 MR. PARK: You -- you can answer. You
3 can answer.
4 THE WITNESS: No.
5 BY MR. COOK:
6 Q. No, he didn't; or no, you don't know?
7 A. No, he did not disclose that with me due
8 to the embarrassment. I didn't find out till down
9 the road through another member in my club.
10 Q. Well, I found out in the newspaper the
11 next day. You didn't find out in the newspaper the
12 next day?
13 A. I don't read the news.
14 Q. Okay.
15 A. They're depressing matters. I got enough
16 news in my life.
17 (Exhibit 4 was marked for
18 identification.)
19 THE WITNESS: Oh, get --
20 BY MR. COOK:
21 Q. Is that you?
22 A. Yes, sir.
23 Q. With the pink wig?
24 A. Yes, sir.
25 Q. Is that Gamboa flipping off the camera
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1 with both hands this time?
2 A. Yes, sir.
3 Q. Just how he rolls?
4 A. That's how he is. Can't speak for him.
5 Q. When was this picture taken?
6 A. I'll be honest. Is there a date on it?
7 I don't want to guess.
8 Q. Who's this group of people?
9 A. This is my motorcycle club, law
10 enforcement motorcycle club -- correction -- and
11 military.
12 Q. What are they called?
13 A. Iron Nomads Law Enforcement Club.
14 Q. And who's that to your right?
15 A. That's my wife.
16 MR. PARK: Right here.
17 BY MR. COOK:
18 Q. And do you recall approximately when this
19 was taken?
20 A. I think you just asked me that and I
21 think I don't recall. I'm guessing -- am I allowed
22 to guess? A rough estimate --
23 MR. PARK: I --
24 A. -- best of my knowledge, three years ago.
25 That was in open.
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1 BY MR. COOK:
2 Q. That was what?
3 A. In open.
4 Q. What does that mean?
5 A. Just on a motorcycle ride. We like to do
6 charity events and stuff. We drive everywhere and
7 do things for kids and this and that, so --
8 (Exhibit 5 was marked for
9 identification.)
10 THE WITNESS: That's me.
11 BY MR. COOK:
12 Q. And is that your nametag on your left
13 shoulder?
14 A. Sure is. That's my nickname.
15 Q. Your nickname is Stuuupid?
16 A. Yep.
17 Q. What's a sergeant at arms?
18 A. I'm -- I'm in charge of security for the
19 group. In case bad people start, you know, trying
20 to cause trouble, I try to cool it down and if it
21 gets nasty call the police and leave.
22 Q. And how'd you get your nickname?
23 A. Stuuupid?
24 THE WITNESS: Do I have to answer that?
25 MR. PARK: I don't know how you got it.
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1 THE WITNESS: The truth is it was my
2 initiation into the law enforcement club and on my
3 birthday -- or no, wait. It wasn't my birthday. It
4 was my initiation date. They made me wear a pink
5 wig and a few other things just to embarrass me so I
6 could get into the motorcycle club 'cause I enjoy
7 riding bikes.
8 BY MR. COOK:
9 Q. As sergeant at arms for this club, have
10 you ever had to address potential problems?
11 A. Yes, sir.
12 Q. What kind of problems happen?
13 A. Vagos and Hells Angels don't like law
14 enforcement, so when they see us out there wearing
15 our patches, they make a point of it to, if they got
16 spare time, try to harass us, stuff like that. I
17 tell them, "We're a law enforcement club." Usually
18 after that they walk away and nobody has any
19 problems.
20 But I'm the person who is in charge of
21 diffusing situations so nobody gets hurt and doesn't
22 turn into a stupid ballroom -- barroom fight, and
23 then we leave. We don't want trouble. We leave
24 trouble. We're cops and firemen and military.
25 Q. Did you ever have to stop and hold
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1 anybody and wait for the police when any trouble
2 arose?
3 A. No, sir.
4 Q. You just leave?
5 A. Yep. That's the best thing to do. I
6 don't want to fight. I'm a police officer. I'll
7 end up in jail and I'll lose my pension and job.
8 Q. What is your responsibility when you're
9 off duty, whether you're at something like this or
10 anything else, if you see a crime happening in front
11 of you as a Clark County School District Police
12 Department officer?
13 MR. PARK: Objection, foundation.
14 THE WITNESS: Can I answer?
15 MR. PARK: You can.
16 THE WITNESS: As a professional, if I'm
17 off duty, it depends if the situation's happening
18 directly in front of me, not enough time to handle
19 the situation and I know I'm the only one there.
20 Example, a long time ago I was walking in a
21 convenience store. I was off duty. There was a
22 beer run. I grabbed both kids as they were running
23 out the door by the collar, put them on the floor,
24 got the beer back, held them there till the manager
25 got there. The cops came, arrested them, took them
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1 away.
2 So when I'm off duty, I do take action.
3 It is what it is. It's either in your blood or it's
4 not. It's either you don't care and you just want
5 it for the pension or you do it for 'cause you like
6 the job. That's it.
7 I see four -- or I see kids running out
8 with four bottles, liquor bottles, whatever, I do
9 what I can.
10 So crimes being committed in front of me,
11 I've done it numerous times. I've stopped things.
12 I've stopped shoplifters, I mean, things that I just
13 run into.
14 BY MR. COOK:
15 Q. When you say you stopped a beer run,
16 what's a beer run?
17 A. Usually that's when teenagers run into a
18 convenience store or a grocery store. I was going
19 into Smith's, walking into the grocery store. They
20 had a cart and had some booze in it. I knew what
21 they were doing. My intuition told me. Just they
22 looked too excited and high tense, and they just --
23 they pushed the cart halfway out the door, grabbed
24 the booze and ran, I mean, you know, and I did what
25 I had to do. I grabbed them both by the shirt
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1 collar, put them on the ground, and the manager
2 came.
3 Q. How'd you know they were teenagers?
4 A. 'Cause they were really young. They --
5 we're talking like 13, 14, like middle school or
6 something. They -- they looked like little kids. I
7 mean, very obvious that they were kids.
8 Q. Now, you said it's either in your blood
9 or it's not. Are you aware of whether there's any
10 off-duty responsibilities you have as a police
11 officer for the School District?
12 A. Yeah. Once you're a cop, you're always a
13 cop 24/7.
14 Q. If a police officer off duty witnesses a
15 crime and he can stop it without putting himself or
16 others in jeopardy --
17 A. Uh-huh.
18 Q. -- is it your understanding you're
19 supposed to do that?
20 A. Depends what the crime is. If I choose
21 not to carry my off-duty weapon and it's a crime and
22 I have my family with me and I have no way of
23 stopping the crime from happening, especially if
24 it's a violent crime, 7-Up -- 7-Eleven being held up
25 and stuff like that, I use this and I call for
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1 police.
2 Now, if I have to, I'll get all the
3 de- -- I mean, I get all the details, call the
4 police. If I have to and I have my weapon on me, I
5 will stop a robbery. I got no qualms with that.
6 It's my job.
7 Q. And obviously it's fair to say a police
8 officer shouldn't participate in a crime; correct?
9 A. Absolutely. We're held at a higher
10 standard.
11 Q. You all right?
12 MR. PARK: Let's --
13 THE WITNESS: No, just hang on.
14 MR. PARK: Take a quick --
15 THE WITNESS: Just hang on.
16 All right. Go ahead.
17 MR. PARK: Are you all right?
18 THE WITNESS: Yeah, I'm fine. Let's go.
19 Let's just go.
20 BY MR. COOK:
21 Q. How'd you first hear about the Wamsley
22 party?
23 A. My wife or girlfriend at the time.
24 Q. Her girlfriend at the time was Wamsley?
25 MR. PARK: Your girlfriend at the time.
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1 MR. COOK: Oh.
2 A. My girl- -- my current wife was my
3 girlfriend at the time.
4 BY MR. COOK:
5 Q. All right. So she told you about the
6 party?
7 A. Yeah. "Hey, I'm going to a dispatcher
8 holiday party. Would you like to join me?"
9 I'm her date. "Sure."
10 Q. How long before the party did you hear
11 about the party?
12 A. I don't recall.
13 Q. Did you ever see a flier?
14 A. No, not until after the fact with all
15 this.
16 Q. You never saw a flier until after the
17 litigation was filed; is that correct?
18 A. Yes, sir.
19 Q. When the news story broke out and they
20 showed the flier on the news, did you see it then?
21 A. Oh, I think I saw it -- I think I saw it
22 with him.
23 THE WITNESS: Didn't I see it with you?
24 The first time I saw it, I think it was
25 with him in a -- in a -- something.
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1 BY MR. COOK:
2 Q. All right. So you do not recall seeing
3 the flier on the news; is that correct?
4 A. No. I don't watch the news unless
5 something I know is very important and I need to
6 watch it.
7 Q. We'll get to that.
8 Okay. So you hear about the party. Do
9 you recall when you went to the party who you drove
10 with, how you got there?
11 A. No, sir. I know my wife was with me and
12 it was -- I know it was wife -- my wife was with me
13 and I didn't feel like driving. I think it was her.
14 MR. PARK: You may want to give the color
15 copies back to the court reporter just so you know.
16 THE WITNESS: Oh, I mean, you can keep
17 them forever. I already know what they look like,
18 so here you go.
19 MR. PARK: There you go.
20 THE WITNESS: Sorry. Can I keep this or
21 no?
22 MR. PARK: That's his copy. I've got a
23 copy if you want to look at it.
24 THE WITNESS: I just think that's
25 interesting. I'm going to have to ask --
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1 MR. PARK: Go ahead, answer his question.
2 BY MR. COOK:
3 Q. Who are you going to have to ask about
4 that?
5 A. My wife.
6 Q. Are you living with your wife now?
7 A. Yes. We've been going through marital
8 problems.
9 Q. You mentioned having separated in
10 January.
11 A. Yes.
12 Q. When -- when did you get back together?
13 And if this is multiple back-and-forths, let me know
14 that too.
15 A. Why? Multiple back-and-forths why?
16 Q. Getting back together, splitting up,
17 getting back together.
18 A. During the course of how many years, just
19 one month or --
20 Q. Starting in January when you said you had
21 marital problems that led you to delete your
22 Facebook.
23 A. I got rid of everything.
24 Q. I'm sorry?
25 A. I got rid of everything, you know, the
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1 Facebook stuff and all that. It was the end of
2 January, the middle, end of January and then
3 February. She didn't come back till -- what are we
4 in? We're in August.
5 Q. Well, we're September, early September.
6 A. We're in September? Okay. January,
7 February, March, April, May, June, July, August,
8 September. She's been back for three months.
9 Q. All right.
10 MR. PARK: Are you okay?
11 THE WITNESS: Yeah.
12 BY MR. COOK:
13 Q. Getting back to the party, what do you
14 remember about the party from the time you got
15 there? Let's start there.
16 A. Drove to the party, walked up to the
17 door. There wasn't that many people there. Yeah,
18 we walked in through the garage, I think. I don't
19 know. Wherever the people were, the adults were.
20 We hung out there for a few minutes.
21 There was people playing beer pongs over the age of
22 21.
23 Q. Did you ask them their age?
24 A. And there was water in their -- I don't
25 have to. I work with these people.
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1 Q. So there were employees of the School
2 District playing beer pong when you got there?
3 A. I don't know exactly when I got there. I
4 mean, I don't know if they were playing exactly when
5 we got there. We spent a little bit in the garage
6 and people were playing beer pong. They were all
7 adults 'cause I work with them. But there was water
8 in the glass anyhow, so it didn't even matter.
9 I remember socializing for a little bit.
10 This is really hard for me to remember, and this
11 is -- I'm not doing this to be a pain, but on -- on
12 short-term memory and all this stuff that's going
13 on, I'm trying to remember the facts.
14 We hung out at the garage a little while,
15 for a little while, all adults. It was dinnertime.
16 I remember sitting at the dining room table. Then
17 we went to the living room.
18 And I think -- we left early. I think we
19 were one of the first persons to leave or we were
20 starting the leave flow. A couple -- a couple other
21 might have left before us, and then we -- we left,
22 so -- and how much more do you want to know? Just
23 keep going from there?
24 Q. What I'd like you to do is tell me -- you
25 arrive at the party. Do you remember who was there
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1 at the party when you got there?
2 A. Wamsley, Ma- -- her daughter.
3 Q. Wamsley's daughter?
4 A. Yes, sir.
5 I think Morales showed up a little bit
6 afterwards. I forget my time line. I think -- I
7 mean, I think he was pretty close to us.
8 He -- we were the only two cops in the
9 room, so we spent most of the time with each other,
10 and me and my wife spent most of the time with each
11 other because I like Morales.
12 Anyhow, I wasn't in the garage very long,
13 and then it was dinnertime. I remember Rebecca
14 saying, "Everybody get in here. It's dinnertime."
15 Had dinner, sat at the table.
16 Q. Sat at the table inside or outside?
17 A. Inside.
18 Q. All right.
19 A. Probably we were there for a while, as
20 best as I can remember, 'cause I remember the
21 conversations floating around and stuff. Then we
22 moved in the living room, which was right behind the
23 kitchen, well, kitty-corner to the kitchen. We sat
24 there for a while.
25 And then -- and then I just wanted to go,
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1 so that was it. We were on a date. I didn't want
2 to spend all night there, so we left.
3 Q. Where'd you go from there?
4 A. Straight home, Cynthia's house.
5 Q. Did you --
6 A. We weren't married at the time. We were
7 dating, so the night was still young a little bit,
8 and that was it.
9 Q. Did you have anything to drink at the
10 party?
11 A. I don't recall. I'm sure I had a few
12 adult beverages, maybe a beer or two. I'm not a
13 heavy drinker at all.
14 Q. Did you bring any alcohol to the party?
15 A. I don't recall 'cause she said it was
16 provided or something.
17 No, because I don't buy cases of beer.
18 No, we didn't bring anything to the party 'cause it
19 was provided. It was her -- yeah, it was provided.
20 Q. Did you play beer pong at the party?
21 A. Yeah. I think I played one round. It
22 was Cynthia and Tina and Johnny Boy. Then I got
23 bored and I left.
24 Q. Who's Johnny Boy?
25 A. A friend of mine or a friend.
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1 Q. Johnny Boy have a real last name?
2 A. I don't know it. He's a musician,
3 performer. We all know him just by Johnny Boy.
4 Q. And you don't recall Miranda sitting at
5 the table with you?
6 A. No.
7 Q. You've been a police officer long enough
8 that do you believe if you had a drunk teenager
9 sitting across from you you'd be able to tell he was
10 a drunk teenager?
11 A. Two --
12 MR. PARK: Objection, foundation, calls
13 for speculation. Go ahead.
14 A. Two seconds. Fourteen years of doing
15 this, it's about two seconds.
16 BY MR. COOK:
17 Q. As -- as a cop for 14 years, I guess a
18 little less at the time of the party, how long did
19 it take for you to be able to put together that the
20 Miranda that was in the DUI accident got the alcohol
21 at the Wamsley party?
22 A. That's a good question.
23 MR. PARK: Are you talking after the
24 party?
25 MR. COOK: It couldn't have been before
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1 the party. The accident didn't happen yet.
2 MR. PARK: That's right. That's why I
3 was -- sorry, your question was -- go ahead.
4 A. When did I first hear about it?
5 BY MR. COOK:
6 Q. I'm trying to figure out when did you
7 first put it together that Miranda, his accident
8 where he killed Angela with the DUI, that he got
9 that alcohol at the Wamsley party, if you ever
10 figured that out.
11 A. I didn't figure it out until -- until
12 everything started coming out. I mean, I don't know
13 how I'm supposed to answer this.
14 A week before I found out that alcohol
15 was involved just by chitter-chatter throughout
16 friends of Cynthia's and stuff like that, like, "Oh,
17 my gosh."
18 Q. What kind of chitter-chatter and where
19 are you talking about?
20 A. I don't recall exact. I'm not going to
21 repeat something that I can't exactly.
22 Q. I didn't ask you to do that. You said,
23 "I heard about it in chitter-chatter from Cynthia's
24 friends." I want to know, my question is: Where
25 was this chitter-chatter happening at? Where'd you
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1 overhear it? Who was saying it?
2 A. I don't remember. This was four years
3 ago. I don't remember. I remember that my
4 colleagues telling me and I remember rumors floating
5 through the department about shit. Then I started
6 to investigate and see what was going on. I knew it
7 happened.
8 Q. Okay. Let's get back to my original
9 question then. When did you first put together that
10 Miranda got alcohol at the party before he left and
11 got into that DUI accident?
12 A. I just answered that, I think.
13 Q. It --
14 A. I don't remember. I --
15 MR. PARK: Okay.
16 BY MR. COOK:
17 Q. You don't remember ever putting that
18 together?
19 A. No, I -- I don't remember the exact date
20 I found out Miranda did whatever. I found out that
21 night there was a car accident. The details? I
22 don't know. A week, speculation, guess.
23 Q. Okay. So about a week -- in a broad
24 range, about a week after the party you put together
25 that Miranda probably got the alcohol at Wamsley's
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1 house before he got into the DUI accident; is that
2 true?
3 A. I would say probably, yes, because people
4 tend to lie and exaggerate stories, so I didn't know
5 what to believe. I wasn't there when he was doing
6 whatever he was doing. This accident happened late
7 at night. We left early. We got a phone call that
8 woke us up at like midnight or something. She left.
9 I didn't. I didn't know what was going on.
10 I was just finally starting to date her.
11 We were a little bit into our relationship. I don't
12 really know her friends that much, so I don't pry
13 when I'm first dating somebody, but it was a tragedy
14 and I felt bad, but she asked me to stay home and
15 she would go to the hospital because I didn't know
16 these people all that much.
17 Q. What information at whatever point,
18 whether it was one week, two weeks or a month, at
19 the point in time that you figured out that you were
20 comfortable that Miranda got the alcohol at the
21 Wamsley party before he got into the DUI accident,
22 what information did you learn that led you to that
23 conclusion or belief?
24 MR. PARK: Objection, form.
25 A. I guess I could say chatter, but then I
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1 would have to name off everybody in our police
2 department 'cause that was a big thing going around
3 at the time.
4 BY MR. COOK:
5 Q. Okay. What was the chatter?
6 A. "Hey, did you hear about the accident at
7 the party the other night? Hey, did you hear what
8 happened?" Normal office stuff.
9 Q. And was it stuff you heard in dispatch?
10 A. No.
11 Q. Was it stuff you heard --
12 A. All of the cops. Ask anybody about this.
13 Everybody knows it in our department. It spread
14 like wildfire. It was hard to hear it from anybody
15 walking down the main hallway, just case, case,
16 case, case.
17 Q. Okay. But you originally said that you
18 heard the chatter from Cynthia's friends, so with
19 regard to at least that aspect, I understand that's
20 not the only place you heard it, but at least with
21 regard to that aspect, did you hear the chatter from
22 Cynthia's friends -- does that mean you heard it in
23 dispatch amongst her friends --
24 A. Uh-uh.
25 Q. -- or outside socially amongst her
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1 friends?
2 A. We were dating. I saw her every night.
3 We work together. We talk. You know,
4 husband-and-wife, girlfriend-and-boyfriend thing,
5 you know, we talk at the end of the night. She was
6 a dispatcher. I was a cop.
7 Q. So when you say "chatter among Cynthia's
8 friends," you don't mean you heard the friends
9 themselves. Cynthia would tell you what she heard;
10 is that correct?
11 A. No, I heard a couple out of her friends,
12 like, "I can't believe this is happening. We had
13 nothing to do with it. I can't believe this is
14 happening. Why is this going on right now? This is
15 horrible." That's the type of chatter I would hear
16 from her friends.
17 Me, I didn't know I had anything to do
18 with it because I left the party. I didn't see any
19 kids drinking. I left the party. I went back to
20 her place to continue my date, and we went to sleep
21 and then she got a phone call. It was as simple as
22 that. I --
23 Q. You said you were just starting to date
24 Cynthia at this point?
25 A. We were on and off for a little bit --
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1 Q. She said --
2 A. -- testing the waters.
3 Q. -- you started to date in 2006. That's
4 three years.
5 A. Testing -- testing the waters. I call it
6 dating. We were this. We were that. It's 2013.
7 People date in different ways. We were getting to
8 know each other, hanging out, dating. I took her to
9 dinner once, so I call it a date.
10 Q. On page 20 of Cynthia Robbins'
11 deposition, I said, "How long were you dating before
12 you were married?" She said, "I don't remember how
13 long it was. Like, we didn't meet and started
14 dating. We didn't start dating until like well into
15 the year of 2006."
16 Does that sound about right?
17 A. Sounds about right, approximately, yeah.
18 Q. I mean, you couldn't have just started
19 dating in November 2009 because December 2009 you
20 were engaged; right?
21 A. I don't remember how long we were engaged
22 for. It wasn't long. We got engaged at a Christmas
23 party.
24 Q. Well, if you got engaged at a Christmas
25 party --
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1 A. Yeah.
2 Q. -- and you got married in July 2010 --
3 A. I guess it wasn't that long then, was it?
4 I mean, I guess it was a quick wedding.
5 Q. So --
6 A. 'Cause we got married July --
7 MR. PARK: I -- I --
8 A. -- 3rd, 2010.
9 MR. PARK: I think what he wants to know
10 is he wants to know how long were you dating prior
11 to the Wamsley party.
12 THE WITNESS: On and off. I started in
13 '0 -- '05 or whatever on and off, on and off, on and
14 off until we got married.
15 BY MR. COOK:
16 Q. You got engaged within a month after
17 Angela's death; right?
18 A. Wow, if you put it like that, I don't --
19 I'm trying to think.
20 I can't answer that question. I don't
21 remember. I don't remember the exact date of the
22 tragedy off the top of my head. I'm sorry.
23 Q. November 29th, November -- was the party.
24 The death was after midnight, so November 30th,
25 2009. You got engaged at a Christmas party. The
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1 Christmas party obviously would have occurred before
2 Christmas, and you were married July 2010, so you
3 said it was a short engagement, so I'm assuming you
4 weren't engaged a year and a half. It was --
5 A. No, no.
6 Q. -- closer to a half a year; correct?
7 A. Yeah. It was a short engagement.
8 Q. So then it was the Christmas party in
9 2009 that you got engaged; correct?
10 A. Yes.
11 Q. Okay. So then you were not newly going
12 out November 29th, 2009; correct?
13 MR. PARK: Objection, form. Go ahead.
14 A. We got engaged at the Christmas party.
15 Boy, this is embarrassing, but I guess I'll put it
16 all out there. We got engaged at our company
17 Christmas party. About a month later we -- we took
18 a break for about a month. I'm trying to think.
19 We've had a very rocky relationship.
20 Man, I don't know. I can't answer that question.
21 I -- I don't --
22 BY MR. COOK:
23 Q. Do you remember what the question I asked
24 you was?
25 A. No.
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1 Q. All right.
2 A. Short-term memory. I'm sorry. Say it
3 again.
4 Q. If you got engaged mid-December 2009, you
5 were not newly going out November 29th, 2009;
6 correct?
7 A. Oh, we were dating, dating, dating. We
8 broke up. Then the Christmas party was a couple
9 months later. We were talking in between. Then I
10 came up with a surprise to get engaged during our
11 Christmas party, so I suppose you're right. The
12 best I can put it together, now that makes sense.
13 Q. Do you remember seeing any teenagers at
14 this party at the Wamsleys' house November 29th,
15 2009?
16 A. Rebecca Wamsley's daughter I -- I could
17 tell was a teenager because I knew it because of
18 Rebecca and Cynthia and the daughters' ages.
19 Q. Anyone else?
20 A. Say that again.
21 Q. Any other minors at the party that you
22 saw?
23 A. Not that I can identify as minors. They
24 were, you know, big people.
25 Q. Marisa Zuniga was at the party. Did you
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1 see her?
2 A. Oh, yeah. Yeah, I saw Marisa.
3 Q. She's not a big people; right? She's a
4 minor. You knew she was underage; right?
5 A. Absolutely.
6 Q. All right. She was dating Kevin Miranda;
7 right?
8 A. Sure.
9 Q. You knew he was underage; right?
10 MR. PARK: Objection, form.
11 A. I did not.
12 BY MR. COOK:
13 Q. All right.
14 A. I thought I said that.
15 Q. Did you see him at the party?
16 A. Yes.
17 Q. Any other minors you saw at the party?
18 MR. PARK: Objection, form, but go ahead.
19 A. The only one I can remember off the top
20 of my head was -- because I knew her was Marisa. I
21 don't want to lie, so I got to say I don't remember
22 any other teenagers that were at the party --
23 BY MR. COOK:
24 Q. Okay.
25 A. -- off the top -- no.
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1 Q. You said you ate dinner inside the house;
2 correct?
3 A. Yes.
4 Q. Okay. Rebecca Wamsley said at the
5 beginning of the party there was six teenagers in
6 the living room area inside the house. Do you
7 remember seeing any of them?
8 A. That's kind of a tricky question. When
9 were they inside the house, 'cause we left at like
10 early?
11 Q. That's why I said "at the beginning of
12 the party," before dinner.
13 A. I wish somebody would have told me to pay
14 attention to that whole party from top to bottom so
15 I could remember everything.
16 I don't know. I don't know. I remember
17 seeing Rebecca Wamsley's daughter. I wasn't paying
18 attention to much because it was her party, her
19 house, her deal. I remember hanging out with the
20 adults, the big people, because I don't want to hang
21 out with kids 'cause I see them enough during the
22 week. I work with them. I'm not hanging out with
23 anybody that I don't know and especially kids.
24 The adults were inside. I -- I don't
25 remember seeing these -- I'm sorry.
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1 Q. When you --
2 A. Unless I mistake them, if they were like
3 18, 19 and they looked like they were 21 and I'm
4 just sitting there and they're sitting on the couch,
5 I don't know.
6 Q. When you say "inside," do you consider
7 the garage area with the tables set up as inside or
8 is --
9 A. No.
10 Q. -- that outside?
11 A. I consider that outside.
12 MR. PARK: How you doing? Do you need a
13 break or are you all right?
14 THE WITNESS: No, I just got a headache.
15 It's okay. Let's keep going.
16 MR. PARK: Go. Let me know.
17 THE WITNESS: Okay.
18 BY MR. COOK:
19 Q. Rebecca Wamsley also said 20 to 25
20 additional teenagers showed up through the night.
21 You don't remember seeing any of them?
22 MR. KELLER: Object to form.
23 MR. PARK: Join.
24 A. I'm not going to answer that. I don't
25 know the answer to that. I -- we left. Whether she
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1 had a party afterwards or while we were there, I
2 don't -- I don't know what she did afterwards, after
3 I left. I have no idea.
4 I -- I'm the kind of guy who keeps to
5 himself and just keeps his mouth shut, especially
6 uncomfortable situations where I don't really know
7 personally a lot of people in front of me or around
8 me. It takes me a little bit just to get warmed up
9 so I can, you know -- I don't really fraternize with
10 a lot of dispatchers. I don't really fraternize
11 with everybody out in the street, so when I get into
12 a social situation that there's a lot of people, I
13 tend to do this and clam up.
14 BY MR. COOK:
15 Q. Do you recall whether you left before or
16 after Sergeant Morales?
17 A. Where was he?
18 I thought he left before. I thought he
19 left before us. I do know that Armando, the
20 dispatcher coordinator, was our cue to leave. We
21 kind of used him as an excuse, like, "Oh, he's
22 leaving, so, oh, let's get out of here."
23 But as far as Morales leaving, I don't
24 re- -- I think it was after us.
25 Q. You think he left after you left?
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1 A. No, I mean before. I'm sorry.
2 Q. And you think you left right when
3 Quintanilla left?
4 A. Yeah.
5 Q. And how --
6 A. Actually, yeah, because I followed him
7 down the driveway. I -- him and his wife.
8 Q. You followed Quintanilla and his wife
9 down the driveway when you left the party; is that
10 correct, sir?
11 A. Okay. I can't say that for sure. It
12 was -- I -- it was either Morales or Quintanilla.
13 I -- I -- I 99 percent believe it was Quintanilla
14 that -- that left and then we took that as a cue
15 'cause we didn't want to hang out much longer. You
16 know, we'd been there for a little while and we were
17 kind of getting bored and we had other things to do,
18 so we left. We used somebody else -- the first
19 person that left really we used as an excuse to
20 leave.
21 Q. How long did you talk to Morales at the
22 party?
23 A. Oh, we had chitter-chatter for a little
24 while. I forget what it was. I think it was when
25 we first got there. We sat on a picnic bench. We
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1 talked about work or something and just the usual
2 stuff. He's the one who started me when I first
3 started there and, you know, we're okay with each
4 other, and we were just talking about shoptalk and
5 work and normal conversation.
6 Q. Were you guys sitting across from each
7 other talking or standing up talking?
8 A. We were sitting on a picnic bench and --
9 Q. In the gar- --
10 A. I think. I think there was picnic
11 benches there, not chairs, and then I think we were
12 just sitting there just talking. We talked for -- I
13 know we talked for a while because other people,
14 dispatchers, were walking around, getting into our
15 business and our conversation.
16 Q. This conversation was in the garage or
17 inside the house?
18 A. Garage. Don't quote me, but I think they
19 were picnic tables that were sitting there and we
20 were sitting on them.
21 Q. Sergeant Morales, well Lieutenant now
22 Morales, testified that he was only told Armando
23 Quintanilla was there because Quintanilla was gone
24 before he arrived.
25 A. No, I saw him. I saw him. Look at the
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1 other testimonies. Quintanilla was there through
2 dinner. I remember 'cause he was there through
3 dinner, because me and him, we got this thing going
4 on where -- where we toss jokes at each other and
5 make fun of each other and have fun, so we're all
6 right like that. So he was there.
7 Q. Let me try that again.
8 Morales testified that he did not get to
9 the party until after Quintanilla left, not you,
10 him. Morales doesn't get at the party till after
11 Quintanilla's gone. That's Morales's testimony.
12 A. That's not right.
13 Q. That's not right. Okay.
14 A. We were all in the same group all eating
15 dinner together.
16 MR. PARK: How you doing? Want to take a
17 break?
18 THE WITNESS: I just want to get this --
19 I just want to go through this.
20 MR. PARK: Do you want to take a break
21 and we can come back?
22 THE WITNESS: A couple minutes. Let's
23 just do this.
24 MR. PARK: Okay.
25 \\\
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1 BY MR. COOK:
2 Q. So it's your recollection you ate dinner
3 with Morales and Quintanilla; is that right?
4 A. Quinta- -- Quintanilla and who?
5 Q. Morales. Or you just spoke to Morales
6 afterwards? I'm trying to understand that.
7 A. I spoke to him before. When we first got
8 there, we -- I spoke to him in the garage on a
9 picnic table.
10 Morales, was he at the table? He was --
11 that or the living room. I don't remember where he
12 was sitting.
13 Q. All right. Where did you stay most of
14 the time at the party, inside, in the -- or in the
15 garage area?
16 A. Approximation, I probably spent an hour
17 and 15, an hour and a half, an hour out in the
18 garage. Then I got bored, and then we went inside.
19 It was dinner. And we didn't stay long after dinner
20 and we left.
21 Q. After dinner, did you stay inside the
22 rest of the time or did you go back out in the
23 garage?
24 A. I went out to the garage once. That's
25 when I met Kevin.
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1 Q. And what were the circumstances in which
2 you met him in the garage after dinner?
3 A. I walked -- I opened up the garage door.
4 I knew who he was because I knew who he was just by
5 seeing Marisa and them, whatever, and I seen him
6 before and -- briefly so I knew who he was. And the
7 fridge was right over there, and I stopped drinking
8 at that point. I had a water or something like I
9 usually do.
10 And then when I walked out the door from
11 the kitchen, he was -- he was like coming in almost
12 the same time as I was, so when I opened the door,
13 he was standing there. I'm like, "Oh, hey, what's
14 up?" And I said, "I'm Mark."
15 "Yeah, I'm Kevin" or whatever.
16 "Hey, good to see you again,
17 blah-blah-blah."
18 And that was it. I turned around, walked
19 into the kitchen with the big per- -- people and
20 continued my evening.
21 Q. What did he have in his hands, anything?
22 A. Not at that point, nothing. I think he
23 was making like something or getting ready to,
24 like -- I don't know -- soda or something. I have
25 no idea. I didn't baby-sit him, so I just grabbed
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1 what I had to do, said, "Hey," and went inside. I
2 don't know why he was out there. I don't know.
3 Q. All right. So what -- you said you met
4 Kevin. You were inside eating. Then you went
5 outside for a brief moment, and that was just when
6 you met Kevin. What were you going out to do?
7 A. I thought I just said I was going out
8 just to get a -- grab a beverage and come back in so
9 I could eat.
10 Q. Okay. And the rest of the time then you
11 stayed inside from dinner on out?
12 A. Yeah, 'cause we weren't there very long.
13 We didn't want to stay very long. We had other
14 things to do. We were just freshly dating, so it
15 was about me and her, like getting back into our
16 flow and getting back into the dating thing, just
17 on, off, on, off, and we were trying to make it
18 work. "Let's have some alone time. Let's go."
19 Q. So you played beer pong before dinner?
20 MR. PARK: Objection, foundation. I
21 mean, pardon me. Form.
22 A. I don't remember. I think it was. Best
23 estimate, if I were to do it right now, I would
24 probably say it would be probably before dinner. I
25 don't know what I did.
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1 Yeah, it was before dinner because we ate
2 and then left, so yeah, it was before dinner. Yeah,
3 'cause we first got in the garage and then hung out
4 and then -- yeah. And I hadn't played beer pong
5 before or whatever up until that point so I had some
6 lessons to learn, and there was water and I thought
7 it was supposed to be played with beer but there was
8 water, and so I didn't really understand like then
9 what -- why do they call it beer pong and then --
10 then I got taught.
11 BY MR. COOK:
12 Q. Who taught you?
13 A. That was it.
14 Just people standing around, adults.
15 Yeah, it was before dinner. It was when we first
16 got there. I'm sorry.
17 Q. And how was the alcohol set up in the
18 garage; do you recall?
19 A. I know there was a fridge. I know there
20 was a cooler that Penny Higgins wouldn't get up off
21 of for a minute. There was -- yeah, there was a
22 fridge. There was a cooler, and then there was the
23 tables.
24 Don't quote me on this, but I think up
25 against the back wall there was -- there was like
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1 some kind of cocktails, mixed drinks, something, you
2 know, like hard liquor or something to make
3 cocktails or whatever with.
4 Q. Were there any cups for the mixing?
5 A. I don't know. I didn't drink any hard
6 liquor.
7 Q. Did you see anybody carrying cups around?
8 A. Yeah. There was cups everywhere, like
9 Solo cups or whatever they were. Everybody had
10 cups.
11 Q. Like the -- the red Solo cups or the blue
12 Solo cups, something like that?
13 A. I -- I don't know. Yeah, it was, okay,
14 red, green. Whatever the color was, I don't
15 remember that far back. Everybody had a drink of
16 something, whether it be Coke or alcohol or -- you
17 know, adults are adults.
18 Q. Now, when you were talking to Morales at
19 the party in the garage area, were you facing that
20 alcohol table?
21 A. I'll show you exactly how we were
22 sitting. I do remember this. It's a picnic bench.
23 He was sitting here and he was straddling the picnic
24 bench.
25 MR. PARK: Oh, you can't take that off
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1 because --
2 BY MR. COOK:
3 Q. You can't take that off, so what we'll
4 do --
5 MR. PARK: So let's draw it if you're
6 willing to.
7 BY MR. COOK:
8 Q. -- what we'll do instead is I'll let you
9 write it out because --
10 A. Good, 'cause I didn't want to stand up
11 anyway, so -- I'm feeling kind of dizzy.
12 All right. What did you just want me to
13 do? I'm sorry.
14 Q. When you were talking to Morales, where
15 were you? Where was the alcohol? Where was he?
16 A. I'm just going to draw a little map of
17 the house. Sorry. So I don't have to do this
18 later.
19 MR. PARK: And while you're drawing, if
20 you want to, go ahead and tell Mr. Cook what you
21 told me this morning about your -- how --
22 THE WITNESS: I don't even remember what
23 I told you this morning. What was it with?
24 MR. PARK: About your memory and your
25 illness. You can go ahead and tell him that.
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1 THE WITNESS: I'm not doing this to screw
2 anything up. Short-term memory, I've asked you to
3 repeat some -- a million questions. Short-term
4 memory, I'm good for about a half an hour, maybe
5 sometimes five minutes, so if I keep asking you to
6 repeat a question, it's because of these meds that
7 I'm on.
8 BY MR. COOK:
9 Q. What meds are you on that are affecting
10 your memory?
11 A. Every- -- just about everything you can
12 imagine. There's a few meds I'm not going to go
13 into. It's too personal. I'm sorry. I'm not going
14 to do it. These are the things that are going on
15 with my sexuality on top of this. That has nothing
16 to do with this, so --
17 Q. I asked about meds affecting your memory.
18 A. I know.
19 Q. I didn't ask about that.
20 A. I know. I --
21 Q. I don't want to know about that. I want
22 to know about meds affecting your memory.
23 A. I'll get him the list.
24 MR. PARK: Yeah.
25 A. I don't know the name.
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1 MR. PARK: I'll give -- I'll give you the
2 list we talked about.
3 A. We just start dropping -- I don't know
4 the medications off the top of my head.
5 MR. PARK: Yep.
6 A. Okay. I'm going to draw this map. I'll
7 answer any other questions you want, but, please,
8 the meds until I get him a list.
9 MR. PARK: Yeah.
10 A. You're going to ask me, too, "Well, how
11 can you remember so much of these little details?"
12 Because the more I think about it, the more -- this
13 is obviously very important and I got to get this
14 right.
15 Okay. So there's a hallway going down
16 there and there's a bathroom.
17 Here's the house, garage, front door,
18 dining. There was a wall right here that comes out
19 to the kitchen door, which comes out of the foyer
20 door, which lets you down the driveway, and I was
21 parked right there where this car is.
22 When I walked in, I walked over here. I
23 sat down with my wife and me. Morales sat down
24 right there. We started talking shoptalk, lasted
25 for a little while. Tables, beer pong. At first I
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1 thought it was childish college games. Then I saw
2 the little triangles and blah-blah-blah. And then,
3 you know, there was people standing here and here
4 and here and here and here, everybody I worked with
5 playing beer pong. "Okay, hey, Mark, you want to
6 play some beer pong, and Cynthia can be your
7 teammate or whatever?" I was like, "Oh, fine." Or,
8 "Johnny can be your teammate or whatever."
9 "That's fine." I took it, whatever.
10 BY MR. COOK:
11 Q. All right.
12 A. But --
13 Q. Stop there for a second. I'll let you
14 pick it up from there, but I just want to make sure.
15 These three tables you drew are three
16 beer pong tables; is that right?
17 A. It was either two or three. I'm taking a
18 guess it was three.
19 Q. Okay. And is somewhere on here -- can
20 you draw me where the alcohol table was.
21 A. If I drew it, I have a feeling I might be
22 lying or not telling the complete truth.
23 Q. So you --
24 A. Because I don't remember. It was
25 either -- I know there was a fridge right here.
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1 Q. Put a "R" for fridge.
2 A. I don't drink hard alcohol, so I don't
3 know. There was either --
4 MR. PARK: Label the fridge right there
5 so we know what it is.
6 THE WITNESS: Fridge.
7 BY MR. COOK:
8 Q. Okay.
9 A. And as you can tell, I don't eat very
10 much, so there was food, I think, on this table or
11 the booze was on this table. I don't know. I
12 wasn't paying attention to the booze or whatever.
13 My point wasn't to get intoxicated, so I didn't
14 care.
15 And it -- it was either there or it was
16 here with the booze bottles. I'm not sure.
17 Q. Those little circles represent possible
18 booze bottles?
19 A. Booze bottles.
20 Q. All right.
21 A. Okay. So I'll write "booze."
22 Booze bottles over there. And I'm just
23 going to put "BP" for beer pong. I don't know.
24 There you go.
25 Q. All right. So when you're sitting next
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1 to Morales, is he facing towards this open garage
2 door and you're facing towards what you've labeled
3 as "Food & Booze" or were you guys in opposite
4 spots?
5 A. He was facing the door.
6 Q. I'm sorry?
7 A. He was facing the door.
8 Q. Okay. So Morales is looking out towards
9 the driveway --
10 A. But he --
11 Q. -- if he's looking at you to talk;
12 correct?
13 A. He's looking at me to talk, but we were
14 so in depth about work and he used to be my first
15 sergeant so we had a lot to catch up on. We were so
16 in depth in work that I can't speak for him, but I
17 wasn't paying attention to anything else but my boss
18 standing there. And we were talking about work and
19 what's new coming up and, you know, what I can do
20 better next year and this year. It was more of a --
21 Q. All right. And then after you played
22 beer pong, you said you went inside and you ate; is
23 that right?
24 A. Yeah. Quite frankly, beer pong's boring.
25 I felt like I was back in college, so I left. I
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1 decided to go inside and see what the food situation
2 was, and I sat down at the dining room table. I was
3 there for a while. I was talking, just talking to
4 everybody, whatever, and then -- and then they
5 started serving dinner and I went out. When they
6 first started serving dinner, I went out this door
7 'cause the door opens -- I believe it was like that
8 way it opens, and when I opened the door, Kevin was
9 right here.
10 Q. Okay. That stick --
11 A. He was right --
12 Q. -- figure's Kevin. I gotcha.
13 A. So I walked out -- I walked -- I opened
14 the door, and yeah, 'cause the fridge was right here
15 because I remember reaching to the right. I opened
16 the door and Miranda was right here, but he was
17 moving this way.
18 Q. He was going inside and --
19 A. He was going inside, so I went to the
20 refrigerator.
21 And I might have been a cop for 14 years,
22 but if you're talking one or two years and/or
23 whatever in age difference or sometimes it's a
24 little bit hard to distinguish when you're not on
25 duty and you're at somebody else's party. I didn't
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1 pay attention to him and I didn't see a drink in his
2 hand, and I -- that thought never crossed my mind
3 'cause I thought why would Rebecca Wamsley ever
4 let -- and it was one of those things, I went to a
5 holiday party. I never expected any of this.
6 I went to the bridge. I got -- or
7 fridge. I got something to drink. I went right
8 back to the dining room table. We ate. I remember
9 it. We went in the living room. We talked for a
10 few minutes, got bored. "Well, hey, everybody's
11 going, blah-blah-blah." I think Armando left first.
12 Walked out -- or this is still the garage. Walked
13 out the door, literally, "Good-bye, good-bye, thanks
14 for everything."
15 I saw a few kids over here.
16 Q. By the garage door?
17 A. Honestly, it was dark. I didn't pay
18 attention. I saw -- I didn't know if they were kids
19 or adults. It was one of those things where it was
20 like that. I had no idea they had booze, so I
21 didn't care.
22 I walked right down the driveway, got
23 into my car, and me and my wife continued our date
24 because I didn't know what they had in there. I
25 didn't think that this would be allowed in this
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1 house. This wasn't my house, so I didn't ask or
2 smell the cup or check. I just left.
3 Q. Can you put a "K" right here right by the
4 garage door where you put the circle where the kids
5 were, a "K" for kids for me so I know what that is
6 when we come back and look at this.
7 A. (Complying.)
8 Q. Okay. Now, when you say "kids," does
9 that mean two or what?
10 A. Honestly, there wasn't that many people
11 there when we left and I -- it was like, I would
12 say, a handful, small handful, and honestly -- and I
13 hate to be disrespectful, but I never thought an
14 adult in their own house would let that happen, so
15 it never crossed my mind because we work for a
16 police department and I sure as heck didn't grab his
17 cup and smell it.
18 Q. Was there a hookah pipe anywhere inside
19 that you saw?
20 A. No.
21 MR. COOK: All right. We're at a --
22 we'll get this marked as next in order. We're about
23 out of tape so --
24 MR. PARK: Yep.
25 MR. COOK: -- we need to take a break.
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1 THE VIDEOGRAPHER: The time is 11:52 a.m.
2 MR. PARK: Let's take --
3 THE VIDEOGRAPHER: This ends digital tape
4 number two. We're off the record.
5 (Exhibit 6 was marked for
6 identification.)
7 (Recess taken.)
8 THE VIDEOGRAPHER: We are back on the
9 record at 12:07 p.m., and this begins digital tape
10 number three.
11 BY MR. COOK:
12 Q. You didn't see anybody watching alcohol
13 at the party; correct?
14 A. I'm sorry?
15 Q. You didn't see anybody watching the table
16 of alcohol at the party to make sure no minors were
17 drinking; is that correct?
18 A. No.
19 Q. Bad question. That's not correct or you
20 didn't see anybody?
21 A. I did not see anybody.
22 Q. Okay. Did you see soda in cans or
23 bottles or what?
24 A. I don't recall.
25 Q. Okay. Do you recall if you got at the
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1 party before or after Quintanilla?
2 A. I think it was before. Yes, before,
3 'cause I believe we were the first couple there, not
4 couple, but there was a few people. I think, yeah,
5 it was after. Or -- yeah, after we showed up.
6 Q. You know, I asked you about your
7 conversation with Lieutenant Burgess earlier, and I
8 kind of focused on the cover-up conversation. Do
9 you recall talking to Lieutenant Morales regarding
10 fliers or whether Lieutenant Young took fliers down
11 or anything along those lines?
12 A. No.
13 Q. That you don't recall anything about that
14 topic coming up?
15 A. No.
16 Q. Do you recall Arroyo -- telling Burgess
17 that Arroyo complained that he didn't think the
18 command staff had his back?
19 A. No.
20 Q. Is there anything about the party, what
21 happened at the party, that you recall that we have
22 not talked about?
23 A. No, I'm not sure what you want to talk
24 about, but off the top of my head, I don't have
25 anything I have to add, no.
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1 Q. There's nothing specific? You can't
2 recall whether anybody was drinking anything
3 specific or seeing anybody go to the alcohol table
4 or anything like that that we haven't talked about?
5 A. Unless it's a kid serving himself
6 alcohol. If I see an adult walk up to a bar, I
7 don't pay attention.
8 Q. How did you first hear about Angela's
9 death?
10 A. Okay. I'm sorry. I know I'm going to go
11 off a little bit of a tangent, but I got to build up
12 the thing. The first time I found out -- 'cause we
13 got home. I fell asleep. She fell asleep. Cynthia
14 left. I stayed home 'cause I didn't know the
15 person, so I stayed home. She knew him.
16 The first time I learned about the
17 tragedy was next day.
18 Q. And how'd you hear about it?
19 A. Wife.
20 Q. What did she tell you?
21 A. That there was a horrible accident and
22 somebody had died and Kevin Miranda got drunk and
23 killed them.
24 Q. And that's what she told you that very
25 next morning?
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1 A. Yeah. She was -- she was at the hospital
2 for a very long time. I saw her the next morning.
3 Q. Did she tell you how she knew that
4 Miranda got drunk at the party before she killed --
5 before he killed Angela?
6 A. No.
7 MR. PARK: Objection, form. Go ahead.
8 A. No. She told me -- no. She just told me
9 that, "Oh, my God, Kevin Miranda got drunk and
10 killed somebody."
11 And I remember when -- I remember when I
12 got that phone call 2:00 or 3:00 in the morning and
13 I remember -- I do remember that 'cause she seemed
14 completely like frazzled and upset and like what was
15 going on and we just got woken up, and I asked her
16 if she wanted me to go to the hospital with her and
17 she said, "No, that's okay. You know, you don't
18 really know these people that much, whatever. I'll
19 just go."
20 So I stayed, and she came home the next
21 morning and filled me all in on everything.
22 BY MR. COOK:
23 Q. Did you at any point ask her how -- if
24 she knew how Miranda got alcohol at the party?
25 A. No.
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1 Q. Why not?
2 A. I am so sorry to say this, but I don't
3 know him. It was not my business. I was just
4 barely seeing Cynthia on and off. You know, I work
5 a police job where I hear horrible tragedies all the
6 time and I think it's horrible and it doesn't make
7 it any less of horrible, but in my profession,
8 unless I'm on the job, I really don't ask details
9 that much, because especially if I'm just really
10 starting to get to know somebody, I know this sounds
11 horrible, but I like to keep it in the positive.
12 So that was really her friends and stuff
13 like that, so I'm sure it was brought up, like, "How
14 you doing? Are you okay? Is everything okay?
15 What's going on, blah-blah-blah?" But about that
16 far, to the extent of it, and then when I heard I
17 was in this, I just -- I couldn't believe it just
18 because I shouldn't even have been there. I mean, I
19 don't know. We were just dating, but, I mean,
20 that's all I can tell you.
21 Q. So at no point were you curious as to
22 how -- strike that.
23 Were at any point you curious as to how
24 Miranda got alcohol at that party?
25 A. Nope.
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1 Q. Why not?
2 A. I was more concentrated on the death of a
3 human being and I was more concentrated on the mess
4 that -- the tragedy, the mess and how could a
5 holiday party go wrong, and I -- I just thought it
6 was ridiculous. I -- we left the house. Everything
7 was fine. Next thing you know, three laters --
8 three hours later while we're asleep we're getting
9 frantic phone calls.
10 I think my first question out of my mouth
11 was, "What? What is -- what are you talking about?"
12 I -- I didn't expect this. I didn't know any of
13 this was going to happen.
14 Q. Now, you said you were concerned about
15 the death. Alcohol caused that death; right?
16 MR. PARK: Objection, foundation. Go
17 ahead. Go ahead.
18 A. Apparently alcohol did cause -- alcohol
19 and a very big truck and a young, inexperienced
20 person who was not supposed to be drunk, not that
21 anybody should be drunk, made a very bad move.
22 BY MR. COOK:
23 Q. All right. So while you were concerned
24 about the death, you weren't concerned about how he
25 got the alcohol that led to the death; is that
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1 correct?
2 A. At that point in time, that was the last
3 thing on my mind.
4 Q. All right. And you said, "This thing
5 turned into such a mess. How could a holiday party
6 go so wrong?" What did you mean by that?
7 MR. PARK: Objection, form. Go ahead.
8 A. Somebody died. How else wrong could it
9 go? That's about as bad as it can get. And I've
10 never been to another holiday party since.
11 BY MR. COOK:
12 Q. Except the one you went to three weeks
13 later and proposed to Cynthia Ruelas-Robbins; right?
14 A. Was that three weeks later?
15 Q. Yeah.
16 A. Yeah, I proposed to her.
17 Q. Right.
18 A. That was the whole plan of that. I've
19 never been to another party since.
20 Q. Okay. You've never been to another party
21 since the Christmas party you got engaged at;
22 correct?
23 A. Yes, because I had plans to get engaged
24 at that party and I wasn't going to call it off.
25 But as far as parties, from that point on, I don't
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1 do family functions with CCSD anymore.
2 Q. What do you mean by "I don't do family
3 functions with CCSD"?
4 A. With my friends at CCSD, for the most
5 part, my acquaintances, I just leave myself out of
6 it.
7 Q. What was the atmosphere at work? Did you
8 work that Sunday after Angela died?
9 A. I don't work Sundays. I work Monday
10 through -- wait. That was four years ago; right?
11 Q. Almost.
12 A. Four years ago. I don't remember.
13 Probably.
14 Q. What was the atmosphere at work when you
15 went in?
16 A. The first day?
17 Q. Sure.
18 A. Not a word. Nothing was said to me.
19 Q. When was something first said to you with
20 regard to either the party or Angela's death after
21 the party?
22 A. Well, I knew -- yeah. At work when was
23 the first time somebody brought it to my attention?
24 Q. Right.
25 A. I don't think it was that day. When was
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1 the first -- I don't know. Within -- within a week
2 or so, I guess. This was a very long time ago.
3 I'm -- I'm doing the best I can.
4 Q. You told me at the outset of the depo
5 you're good for about two, three hours. We're about
6 past three hours of depo time. Are you okay to
7 continue?
8 A. I want to continue because I want to get
9 my side out, yes.
10 Q. All right.
11 A. I'll make it.
12 Q. Do you understand there's a difference
13 between "I want to continue" and "I'm okay to
14 continue"?
15 A. I am okay to continue.
16 Q. All right.
17 MR. COOK: Is he okay to continue?
18 MR. PARK: He -- he's told me he's fine
19 to continue --
20 THE WITNESS: I'll let him know --
21 MR. PARK: -- right now.
22 THE WITNESS: -- if I'm not.
23 BY MR. COOK:
24 Q. The first time outside of work you heard
25 about Angela's death was from Cynthia; is that
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1 correct?
2 A. Yeah.
3 Q. Okay. When I asked Cynthia
4 Ruelas-Robbins during her deposition if she had ever
5 asked Rebecca Wamsley about how Miranda got the
6 alcohol, she responded, "It's a possibility I may
7 have made that comment, but I don't know when,
8 because that's what goes through my head is, I don't
9 understand how this happened. I don't understand
10 how he got -- or where, or did he have it with him
11 when he came to the party, did he have it in the
12 car, when did he drink it? I didn't know any of
13 this. I -- I mean, these were questions that ran
14 through my head that I had no -- I didn't
15 understand."
16 Shortly after that party, did she ask you
17 any of those questions or have any conversation
18 along those lines with you?
19 A. We've had a lot of conversations. We're
20 husband and wife. I don't remember every single
21 particular one. What exactly do you want to know
22 again?
23 Q. I'm not picking some random conversation
24 that you have all the time with husband and wife.
25 I'm talking about a conversation after Angela's
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1 death about how the guy that killed her got the
2 alcohol. Might that stand out in your mind, sir?
3 A. It would --
4 Q. Okay.
5 A. -- if I knew where he got it from.
6 Q. So do you recall having any conversation
7 along these lines with Cynthia saying, "I don't know
8 how it happened. I don't understand how he got it,"
9 and these were questions on her mind? Did she have
10 that conversation with you?
11 A. Yeah. Yeah, I'm sure we -- I'm sure she
12 did. Yes. We talk about everything.
13 Q. Do you remember it? Do you remember that
14 conversation?
15 A. Not --
16 Q. Was there multiple conversations and you
17 can't pick one out on this topic?
18 A. Well, sure, there was multiple
19 conversations. We're married. We talk about
20 everything. To pick -- pick out one conversation in
21 particular four years ago, I don't recall. I'm
22 sorry.
23 And you don't have to get mad at me. I'm
24 fine. I'm doing the best I can.
25 Q. Do you recall having any conversations
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1 with your girlfriend, fiancée, Cynthia Ruelas, after
2 Angela was killed about how did this guy get the
3 alcohol or any questions or concerns Cynthia had
4 running through her head or you had running through
5 your head about this death?
6 A. I'm absolutely sure we did. I don't
7 remember specific, but I'm absolutely sure we did.
8 Q. Okay. Would you be surprised that she
9 testified she didn't have any conversations or ask
10 you anything about that until after you were
11 married?
12 A. Yeah, I'd be surprised.
13 Q. I asked her, "So you had questions
14 running through your head from this November 2009
15 accident, and you did not ask anybody about them
16 until after July 3rd, 2010, when you married Mark
17 Robbins? Is that your testimony, ma'am?"
18 And she said, "Yes."
19 A. She --
20 Q. That's not your recollection, is it?
21 A. This was four years ago. She remembers
22 differently than me. I'm sorry. I can't speak for
23 her.
24 Q. I didn't ask you to speak for her. I
25 said that's not your recollection, is it?
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1 A. That's not my recollection.
2 Q. Okay. What were the circumstances in
3 which Angela's death first came up with you at work?
4 A. First, I don't recall. It's four years
5 ago. I don't recall. I'm sorry.
6 Q. Well, what's the first time you do
7 recall?
8 A. Bringing it up to somebody at work?
9 Q. The issue of Angela's death or Rebecca's
10 party coming up at work, when --
11 A. That's what I meant. Bringing up the
12 issue at work?
13 Q. Right.
14 A. I -- can I say the word "assume"? Or
15 just --
16 Q. You can.
17 A. I would assume the first week that things
18 were back -- the first one or two weeks things were
19 back into work and swinging in -- in dispatch. As a
20 matter of fact, I do remember hearing about it, and
21 I was like, "What?"
22 Q. Why were you -- why were you, "What?"
23 You already knew about it from Cynthia; right?
24 A. But --
25 Q. You can answer.
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1 MR. PARK: You can answer.
2 A. I'm going to be blunt honest, and I
3 apologize. I was dating her. I didn't have the
4 full spectrum of everything that was going on, and
5 because of the fact that she knew these people
6 better than I do -- how can I say this? -- it
7 wasn't -- it wasn't something that had me concerned
8 that I had done something wrong because I knew that
9 I didn't, because from the time it started from the
10 phone call in the hospital I had -- I didn't get all
11 the full details for a while because I didn't know
12 most of these people.
13 So I'm a cop. They're dispatchers. We
14 don't talk that often. I -- I'm not a gossiper. I
15 don't know.
16 BY MR. COOK:
17 Q. Well, when did you get the full details?
18 A. I don't remember.
19 Q. Within two months of the accident?
20 A. Oh, I'm sure all the full details hadn't
21 even come out yet. I don't know. I -- I learned
22 about the bulk of it, I'm sure, within the first
23 week of the accident and the tragedy and just like,
24 "Oh, my God," and, "Wow." And I'm -- I'm -- I'm
25 sure it was the first week. I'm sure it didn't take
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1 that long.
2 I don't spend a lot of time down at the
3 station. I spend time in the field, so all the talk
4 happens down around there and I'm out of the loop.
5 I do my job. I concentrate, and I --
6 Q. Okay. When you say you got the full
7 details or didn't get the full details for probably
8 a full week, what as you sit here today do you
9 understand the full details to be? When you say
10 "full details," I want to know what you mean.
11 A. Full details as in there was a party.
12 There was an underage drinker. However he got the
13 alcohol, I have no idea.
14 Full details, I mean, I -- I pretty
15 much -- I pretty much covered it. I don't know what
16 else to say really. The full details, like in
17 specific like what?
18 Q. You used the phrase "full details." You
19 said, "I didn't get the full details until probably
20 a week later," something to that effect.
21 A. Full details as in that there was a
22 tragedy. A young female died. Kevin Miranda was --
23 was drunk. He got a bottle of alcohol from
24 somewhere, and he's probably going to jail, which,
25 you know, where he belongs, and that -- just full
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1 details as in just it stemmed from the party, and, I
2 mean, that's just about -- that's like the full
3 details.
4 Q. Okay. Well, that's the same thing you
5 told me you found out that next morning from
6 Cynthia.
7 MR. PARK: Objection, form.
8 BY MR. COOK:
9 Q. Right?
10 MR. PARK: Object, same objection. Go
11 ahead.
12 A. Yeah.
13 BY MR. COOK:
14 Q. Okay. So when you say "full details, it
15 was probably about a week," it wasn't anything
16 different than what Cynthia told you that next
17 morning; correct?
18 A. The telephone game, you tell one person.
19 The next person has their own version. Next person
20 has their own version. By the time I hear it at
21 work, I get 16 different versions.
22 I separate myself, that anybody that has
23 a big mouth at work, I work alone. I don't talk
24 about it. I hear -- I heard things in passing,
25 which raised my eyebrows. I tend to keep my mouth
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1 shut at work 'cause I'm there for a paycheck, a
2 pension and to protect children.
3 I don't remember.
4 Q. Okay.
5 A. This was four years ago. I have short --
6 I -- right now I don't remember. I am sorry.
7 MR. COOK: Can I get the question read
8 back.
9 You didn't answer what I asked you, sir.
10 MR. PARK: You've just got to listen to
11 what he asks and just give him -- go ahead.
12 (The following record was
13 read by the court reporter:
14 "Question: Okay. So when
15 you say 'full details, it
16 was probably about a week,'
17 it wasn't anything different
18 than what Cynthia told you
19 that next morning;
20 correct?")
21 A. Okay, correction. Yes. Now that I think
22 about it, I was read that detail -- full details,
23 okay, full details from people I hear at work, does
24 that include all the details that I heard that were
25 rumors or all the details that I heard that were
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1 factual?
2 BY MR. COOK:
3 Q. Sir, you said to me, "I didn't get the
4 full details for about a work -- for about a week."
5 I asked you when you say "full details," what do you
6 mean by "full details"?
7 A. I'm telling you what I mean about full
8 details. Everybody has their own version of full
9 details. What I hear, how am I supposed to decipher
10 on the spot what is a full detail or not?
11 I know that's what my job is, but when
12 you're hearing things from your coworkers, is that a
13 full detail? Is that a full detail? Is my wife a
14 full detail? Who's telling the true story? What's
15 going on?
16 So as far as you saying "full detail,"
17 sir, full details have been asked. Full details
18 have been talked about. 90 percent of them are
19 gossip. The other 10 percent, if you can weed
20 through that, you get down to 5 percent of what the
21 truth is.
22 So if you're asking me if I heard all the
23 details of everything, I heard --
24 Q. No, that's --
25 A. -- factual --
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1 Q. -- not what I'm asking you. I'm asking
2 you when you said "full details," what did you mean?
3 A. I just said that. I said hearsay and
4 people talking, the telephone game. One person
5 tells another, another another. It gets back to me,
6 and then I hear all these details.
7 Q. Okay. But you keep saying "telephone
8 game and people tell me and then I got to figure out
9 what's rumor or not." You're not telling me what --
10 what you were told.
11 MR. PARK: What were the details I think
12 is what he's asking?
13 Is that fair?
14 THE WITNESS: Do you want the details
15 that I know to be factual or you want the --
16 MR. PARK: No, the details you heard.
17 BY MR. COOK:
18 Q. I want to know when you said, "It took
19 about a week for me to get the full details," I want
20 to know when you said that five minutes ago now what
21 you meant by "full details."
22 A. I just said this: Kevin Miranda got a
23 bottle of liquor from somewhere. He got into his
24 truck on his own. He said it on TV. He got into a
25 truck with somebody, Marisa, his girlfriend at the
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1 time, I guess. They drank. They killed an innocent
2 person.
3 I was 15 miles away, not my house. I
4 didn't see underage people drinking. I'm walking
5 out the -- the front door. I see two or three
6 people who look like adults, and I leave.
7 The -- the details that I hear, what's
8 factual and what's not? I don't know. I -- I mean,
9 I really don't know. At the time I didn't know
10 these people.
11 Q. So when you said it took you about a week
12 to get the full details, that list you gave me while
13 you were tapping on your fingers was the full
14 details; is that correct?
15 A. Yeah.
16 Q. All right. And those are the same facts
17 you told me when I said, "What did Cynthia tell you
18 the next morning?"
19 MR. PARK: Objection, form.
20 BY MR. COOK:
21 Q. So you knew the same facts the next
22 morning that you're describing as the full details a
23 week later?
24 A. Yeah. I told you the truthful facts of
25 what I heard from my wife. Now the hearsay I can go
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1 into.
2 Q. Okay. What else did you hear?
3 MR. PARK: You can answer.
4 A. I heard that Mark contributed to alcohol
5 to kids, which really made me mad and defiled my
6 character. I've been wanting to be a cop all my
7 life. I had nothing to do with it even though I was
8 being approached by people at work saying, "Why you
9 giving kids the alcohol?"
10 Second of all, I've been shunned by half
11 of my department on all of this that I had nothing
12 to do with. Third of all, I'm not jeopardizing my
13 job over something so stupid. I'm sorry. This
14 is -- go ahead.
15 BY MR. COOK:
16 Q. I asked you what the other information
17 you heard during that week was --
18 A. I just told you.
19 Q. -- that you referred to as hearsay, and
20 what you told me --
21 MR. PARK: Let him finish.
22 BY MR. COOK:
23 Q. -- is that you contributed to alcohol to
24 a minor, that you were shunned by half your
25 department and that you're not jeopardizing your
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1 career over something like this.
2 A. You misquote me. My colleagues told me,
3 "Why you giving alcohol to minors? You're --
4 minors? You're an asshole." So every two minutes I
5 got to defend myself around my own police
6 department.
7 Q. Okay.
8 A. I have a perfect record in every
9 department I've been in. I'm not going to
10 jeopardize myself.
11 So go ahead.
12 Q. All right. Now, is it your testimony
13 that during that week you heard people say, "Are you
14 jeopardizing your career?" Or are you just telling
15 me that's your reaction to when you heard the
16 things?
17 A. They're saying -- excuse my language --
18 "You're going to F up your -- your career."
19 Q. Okay.
20 A. "Did you really give those kids alcohol?"
21 Q. All right.
22 A. After a while, after about a good year or
23 so of that, and I didn't do anything wrong, that --
24 that tends to grate on a person's personality in
25 working so hard from where I've been. I'm not -- go
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1 ahead.
2 Q. Anything else you heard in that week that
3 you weeded out as --
4 A. Nope.
5 Q. -- being an untrue statement as to what
6 happened?
7 A. (Shaking head.)
8 Q. Sir?
9 A. No, sir.
10 Q. All right. At any point in time, did you
11 report to any superior, "Hey, I was at the party
12 where it seems like that kid got the alcohol before
13 he killed Angela"?
14 A. No.
15 Q. Why not?
16 A. I'm sorry. It didn't have anything to do
17 with me. I'm sorry. This was a dispatch party. I
18 figured everybody already knew about it. I didn't
19 do anything. I had no idea what was going on. Why
20 would I start a fire that doesn't need to be
21 started?
22 Q. Why did you figure everybody already knew
23 about it?
24 A. Word travels very fast in a very small
25 department.
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1 Q. All right. And you said you didn't want
2 to start a fire that didn't need to be started.
3 What do you mean by that?
4 A. Unless I'm getting paid for it and I'm on
5 the job, I hate confrontation. If I'm sitting in my
6 house and relaxing, that's fine. I -- I don't get
7 any confrontation. But outside of work, I don't
8 deal with confrontation. That's it.
9 Q. All right. Now, you also said that
10 you're not in dispatch very much so you wouldn't
11 have heard any of the things in dispatch; is that
12 true?
13 A. Uh-huh.
14 Q. Okay. Do you recall any of your
15 supervisors at Armando Quintanilla's request talking
16 to you about being in dispatch too much?
17 A. No.
18 Q. Do you recall Armando Quintanilla saying
19 you were in dispatch too much?
20 A. Nope.
21 Q. So if he says he went to a supervisor to
22 talk to you -- to have them talk to you about not
23 going in dispatch so much, you don't recall anyone
24 following through on that; correct?
25 A. No.
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1 Q. All right. Did there come a time where
2 you were precluded from going in dispatch?
3 A. No. That's where all our paperwork is.
4 No. That's where warrants are, and we go in there
5 all the time.
6 Q. And you said for about a year you kept
7 hearing that you contributed to a minor having
8 alcohol. Who did you hear that from?
9 A. It still goes on. It's harassment. Name
10 it. Name it. My -- my defamation of character is
11 completely destroyed in that department.
12 Q. Okay. I asked who else had you -- who
13 had you heard that from. You haven't given me
14 anybody's names. You said, "Name it."
15 A. I'll print you out a department list.
16 There's too many to name. Mike Thomas, peo- --
17 what's her name? Higgins. I mean, people that I
18 thought were my friends. I -- I don't know exactly.
19 I can't give you a whole million list of names, but
20 it still goes on to this day, so --
21 Q. And it's a lot of different people in the
22 department that --
23 A. Uh-huh.
24 Q. -- have accused you of that; is that
25 correct?
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1 A. Yeah. "Hey, have you been at any cool
2 kid parties lately?" That kind of stuff. And I'm
3 professional. I got to deal with that stuff, you
4 know. It is what it is.
5 Q. Who did you speak to at the department
6 about the party or Angela's death?
7 A. Wife.
8 Q. No one besides your wife?
9 A. Does "That was a horrible tragedy" count
10 as talking about the party?
11 Q. Sure.
12 A. Pretty much everybody that brings it up.
13 Q. Which is pretty much everybody that works
14 there; is that right?
15 A. Yeah.
16 Q. All right. Besides --
17 A. "It was a horrible tragedy. I'm sorry it
18 happened." That's what I tell them. "Don't look at
19 me like that. I had nothing to do with it."
20 And that's the truth, and that's what I
21 tell them. I turn around and walk away. How they
22 take it is up to them.
23 Q. And that's the only conversation you've
24 had with anybody at work regarding the party or
25 Angela's death; is that correct?
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1 A. I don't recall. I'm doing the best off
2 of memory, the key points that I do remember.
3 Q. Have you talked to anybody about the
4 lawsuit?
5 A. No.
6 Q. Nobody at work about the lawsuit?
7 A. Wife.
8 Q. Do you consider having information as to
9 how Miranda may have gotten the alcohol at the party
10 something you should have turned over to CCSD and/or
11 Metro?
12 A. No, sir.
13 Q. Why not?
14 A. My best guess the next morning was -- and
15 I told the wife this -- I know exactly what he did,
16 and that's just from being a cop and putting pieces
17 of the puzzle together. You leave alcohol
18 unattended on a table. If there is children around
19 and all the adults are inside leaving, that's my
20 philosophy on it.
21 I didn't give him booze. I didn't see
22 anybody give him booze, but if he said it himself
23 that he grabbed it and he drank it and I didn't see
24 him grab it and drink it because I was inside, no.
25 Q. Did you tell that theory to anybody at
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1 Metro or CCSDPD?
2 A. Yeah, Metro when they came and
3 interviewed.
4 Q. Some years after the event?
5 A. Just like this, yes.
6 Q. All right. That was actually after
7 Miranda was already convicted; right?
8 A. That was only a year and a half or two
9 years after. My memory was much fresher on that one
10 and I wasn't sick.
11 Q. Well, you weren't sick at the party
12 either; right?
13 A. Four years ago, no. I'm sick now. It
14 started in this year. I've been a pretty healthy
15 man.
16 Q. Did you hear about any anonymous letters?
17 A. Oh, yes.
18 Q. Did you hear about any before they went
19 on the news?
20 A. I heard rumors Mike Thomas was pumping
21 one out and so was Penny Higgins. I heard rumors.
22 Once again, don't know exactly where it was from
23 four years ago. I'm sure it was people I was
24 working with.
25 MR. COOK: We're past your half-hour
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1 follow-up check. I don't know what you want to do.
2 MR. PARK: How you feeling?
3 THE WITNESS: Let's just keep going.
4 MR. PARK: Are you sure?
5 THE WITNESS: Yes, sir.
6 MR. COOK: Okay. Are you saying "keep
7 going" because you feel well enough to continue?
8 THE WITNESS: No, because I want justice.
9 I'm good.
10 MR. PARK: You know, let's -- let's just
11 take a second off the record and let me talk to him
12 real quick.
13 THE VIDEOGRAPHER: Off the record at
14 12:43 p.m.
15 (Luncheon recess taken.)
16 -oOo-
17 AFTERNOON SESSION
18 -oOo-
19 THE VIDEOGRAPHER: We are back on the
20 record at 1:48 p.m., and this begins videotape
21 number four.
22 BY MR. COOK:
23 Q. Mr. Robbins, do you have any changes from
24 any of your morning testimony?
25 A. No.
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1 Q. Okay. And you're okay to continue?
2 A. Yes.
3 Q. All right. You feel fine?
4 A. Yes.
5 Q. All right.
6 MR. COOK: Anybody have any objection to
7 us continuing? I -- I don't want to continue and
8 have somebody come back and say, "Ah, he was past
9 where he should have been."
10 MR. PARK: I don't have any objection, I
11 mean, other than, I mean, he came in sick. I mean,
12 he's been sick, but he -- he's okay to continue.
13 He's told me he is.
14 MR. COOK: All right.
15 THE WITNESS: I'll let you know if I'm
16 not. You'll know.
17 BY MR. COOK:
18 Q. You testified this morning that you shut
19 off your Facebook and that the only one who would
20 have turned it back on is -- is your wife. Did you
21 take any time during the break to check on that?
22 A. No. That's a conversation I'll have with
23 my wife.
24 Q. As you sit here right now post lunch, you
25 don't have any further information as to how your
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1 Facebook account is on, though; correct?
2 A. I was -- correct.
3 Q. When you first heard -- strike that.
4 When did you first hear about newscasts
5 and news coverage regarding a cover-up or CCSN's --
6 CCSD's, I should say, involvement in Angela's death?
7 A. Best of my recollection, it must have
8 been about a -- must have been about a month or so
9 before it actually -- or before something actually
10 made the news. Best of my recollection, I know
11 there was a period of time where like it happened
12 and there was a period of time where nothing was on
13 the news. I'm not sure how long a time period.
14 Sorry.
15 Q. Do you recall learning when Miranda was
16 going to be sentenced?
17 A. Yes.
18 Q. If I represent to you that was in July
19 2011, does that sound about right, about a year --
20 A. I don't know --
21 Q. -- and a half afterwards?
22 A. Sounds about right. I don't know the
23 exact date right now.
24 Q. Do you recall if there was any news
25 coverage that you know about regarding CCSD being
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1 involved in any way in the Wamsley party or Angela's
2 death or Miranda's sentencing on the news prior to
3 his sentencing?
4 A. Yes.
5 Q. Just prior or significantly prior?
6 A. Just prior.
7 Q. Okay. Is that the first time you recall
8 hearing any news coverage regarding any involvement
9 in CCSD as far as any involvement in the Wamsley
10 party or Miranda's death or -- I'm sorry, Angela's
11 death or Miranda's sentencing?
12 A. I knew about Miranda's death, but I
13 didn't know about his sentencing -- I mean, I knew
14 he got sentenced or whatever, but yeah, I don't
15 remember time, dates and that.
16 Q. All right. Well, do you recall when the
17 first time you heard that there were allegations in
18 the news as to your involvement?
19 A. Holy cow, yeah, because that was a big
20 shocker and I kind of raised an eyebrow in that and
21 said, "What do I have to do with it?" When all the
22 allegations came out and names started being named,
23 that's when I took it personal. I don't recall when
24 it was, how long ago, after or before.
25 Q. Do you recall if it was more or less than
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1 a year after Angela's death?
2 A. Yeah, about, about that time frame.
3 Q. About a year after Angela's death?
4 A. I don't recall. I'm trying to think.
5 Q. Does it stand out for you when you first
6 heard on the news your name in relation to Angela's
7 death?
8 MR. PARK: Objection, form. Go ahead.
9 A. Yeah. I saw my name on the news once,
10 and that's what made me sick to my stomach, not
11 because it was anything but sick to my stomach that
12 my name was on the news.
13 BY MR. COOK:
14 Q. Do you recall when that was in relation
15 to any particular date, be it Miranda's sentencing,
16 Angela's death, a change in job position, anything
17 like that?
18 A. I can't give you an exact answer. I'm
19 sorry.
20 Q. I -- I didn't ask for an exact answer.
21 A. Well --
22 Q. I'm trying to get a general time frame as
23 to when you heard your name in the news.
24 A. I don't know. I don't know. Months have
25 passed. Years have passed. I don't remember the
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1 exact same date, but I do remember watching it and I
2 do remember saying, "What is going on?"
3 Q. I'm not asking for an exact date.
4 I'll --
5 A. I know that.
6 Q. I'll settle for a three- to six-month
7 time frame if you can.
8 A. I don't know.
9 MR. PARK: Yeah, you asked for a general
10 time period and he said he didn't know.
11 THE WITNESS: I just gave you a general I
12 don't know.
13 MR. COOK: I know I asked for a general,
14 but his answer was, "I can't give you a specific."
15 I want to make it clear that he can't give me a --
16 THE WITNESS: Specific isn't general. I
17 said I don't have general. I don't know. I don't
18 recall.
19 BY MR. COOK:
20 Q. Do you recall if you knew the story was
21 going to be on from some promo or somebody telling
22 you before the story aired or --
23 A. No.
24 Q. -- if you had to go back and watch the
25 story?
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1 A. No. It was on the news.
2 MR. PARK: Objection, form. Go ahead.
3 A. A long time ago, it was on the news.
4 BY MR. COOK:
5 Q. Okay. Did you know it was going to be on
6 the news before the story aired?
7 A. How would I know that? No, sir.
8 Q. All right. So you --
9 A. I'm not a newsperson. I have no idea.
10 Q. Okay. You've --
11 MR. PARK: Just answer the question.
12 BY MR. COOK:
13 Q. -- really got to let me finish asking the
14 question or you're going to be here all night.
15 A. Okay. But I'm telling you --
16 MR. PARK: Just answer the question that
17 he asks.
18 THE WITNESS: No.
19 BY MR. COOK:
20 Q. Did you watch the story when it first
21 aired or did you have to watch it later on a re-air
22 or on-line or --
23 A. Not when it first aired.
24 Q. -- something like that?
25 A. I was at work in the morning probably
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1 when it first aired and I wasn't there.
2 MR. PARK: And let him finish 'cause you
3 may think you know where he's going but you may not
4 know, so you want to let him finish and then you can
5 answer.
6 BY MR. COOK:
7 Q. We were talking at the same time. I
8 didn't hear your answer. Can you tell me what you
9 said.
10 MR. PARK: Have the court reporter read
11 it back.
12 MR. COOK: Well, I can ask him what he
13 said.
14 A. I don't remember.
15 BY MR. COOK:
16 Q. All right. Did you watch it when it
17 first aired or did you have to go back and watch it
18 either on-line or some recorded version of it or
19 later version of it?
20 A. Later version, later version.
21 Q. Did you ever --
22 A. Yes.
23 Q. Did you ever watch an on-line version of
24 the story?
25 A. Read about it, never watched any videos.
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1 Q. Did you read it on-line or in a
2 newspaper?
3 A. On-line.
4 Q. Do you remember which, whose story
5 on-line you were watching -- or reading, I should
6 say?
7 A. Channel 8.
8 Q. Did you click on any of the documents
9 that would show the attachments, such as the
10 anonymous letter or anything like that?
11 A. I don't know. The first time I saw the
12 anonymous letter was here. That was the first time
13 I ever laid -- laid eyes on it.
14 Q. You said "here." I haven't shown it to
15 you yet.
16 MR. PARK: "Here," I think he pointed to
17 me when --
18 A. I pointed at him. When I saw it with my
19 attorney, that's where I first saw it.
20 BY MR. COOK:
21 Q. Okay. Now, the question I asked you,
22 though, was: Did you click on any of the items to
23 see? There were other things, too, that you could
24 click on and see, such as the flier. Did you click
25 on anything to open it up in relation to the story
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1 or did you just read it?
2 A. If there was a flier, I didn't see the
3 flier on any Web site, no. The first time I saw it
4 was on him. I saw the flier, yeah, with him.
5 Q. So you didn't click on anything to read?
6 A. No.
7 Q. All right. Did you follow the news story
8 after that to see if you would be mentioned in any
9 of the subsequent stories?
10 A. Nah. 'Cause my name being mentioned made
11 me sick, I pretty much stopped with it all. After I
12 learned that my name was involved and scared the --
13 'cause I had nothing to do with it, I didn't know
14 why I was involved. Yeah, it was upsetting.
15 Q. You mentioned something about Penny
16 Higgins. Did you watch the news report with her
17 story?
18 A. Oh, yeah. Yes, sir, I did.
19 Q. Okay. So that was about three weeks
20 after the initial story where your name was
21 mentioned. You watched both stories?
22 A. I watched where I was mentioned and I
23 watched the whole story on Peggy -- Penny Higgins.
24 Q. Any other of the news stories you
25 watched?
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1 A. I believe George Knapp brought it up
2 probably about three weeks ago again.
3 Q. And you watched that one?
4 A. It was just a commercial. I don't like
5 watching the news. I live the news during my job.
6 Q. When did you first hear about the
7 lawsuit?
8 A. About the lawsuit? I don't have an exact
9 date. I don't know.
10 Q. Do you have an approximate date?
11 A. I would figure a year after.
12 Q. A year after what?
13 A. Approximately.
14 Q. A year after what, the news story,
15 Angela's death, something else?
16 A. You just asked me the news story. I
17 said, yeah, it's probably been a couple of weeks or
18 whatever. It's been a while since George Knapp
19 brought it up, but I remember him bringing it up
20 around dinnertime, and it came on the news. It was
21 like three or four weeks ago.
22 Q. When did you first hear about the lawsuit
23 that we filed on behalf of Angela and her parents --
24 A. I don't remember.
25 Q. -- where you're a named defendant?
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1 A. I don't remember when the lawsuit was
2 filed. I don't remember when I first heard about it.
3 Q. Do you recall getting service, getting a
4 copy of it?
5 A. Service?
6 Q. Getting a copy of the lawsuit handed to
7 you by a process server.
8 A. A subpoena, like a subpoena for the
9 lawsuit?
10 Q. Well, a --
11 A. No.
12 Q. -- a summons, but similar.
13 A. No.
14 Q. What is your understanding as to what the
15 allegations of the lawsuit against you are about?
16 A. That I'm a police officer. Allegations
17 were I was irresponsible, 35 years old and I'm
18 feeding alcohol to kids. Those were my allegations.
19 Q. Any other allegations you're aware of
20 against you?
21 A. Oh, that I played Ping-Pong with Kevin.
22 Q. All right. Anything else?
23 A. Oh, yeah, that I brought some booze with
24 me, liquor or beer or something.
25 Q. At any point in time were you concerned
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1 about being suspended or terminated from your job
2 for your involvement with regard to this party?
3 A. Nope. I didn't do anything wrong. I
4 wasn't worried at all. I didn't --
5 Q. When the allegations against you came out
6 in the news, did you contact anybody at CCSD even to
7 say, "Hey, there's these allegations. They're not
8 true, though"?
9 A. The wife.
10 Q. Anyone else?
11 A. Family.
12 Q. All right.
13 A. I didn't want to talk about it during the
14 department. I got to work with these people, so
15 it's not a conversation that I just freely would
16 like to bring up, that, "Hey, my name was in the
17 news over a horrible situation." So it wasn't
18 something I'm walking around sharing.
19 Q. I'm not asking if you were sharing that
20 you were in the news. I'm asking if after the news
21 story you told any CCSD employee, "The allegations
22 against me are not true."
23 A. I don't remember who I told.
24 Q. Did you talk to anybody?
25 A. My boss.
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1 Q. Who was your boss?
2 A. Sergeant Kurak.
3 Q. Sergeant Kurak?
4 A. Yeah. It was brought up.
5 Q. Who brought it up?
6 A. Him.
7 Q. What did he say?
8 A. The long and the short, "Is it true?"
9 Q. Anyone else at CCSD besides Sergeant
10 Kurak?
11 A. There's a lot of people that won't
12 approach me 'cause they -- I don't know if they're
13 intimidated. I don't know what the deal is, but
14 they -- they're cowards. They won't approach me and
15 ask, so that's fine.
16 There's a few here and there that would
17 ask in passing, and that was just about it. You
18 want names? I'm trying to think.
19 Kurak. I can't remember anybody else
20 unless it was in passing at work or something that I
21 just paid no attention to. I walk away from stuff
22 like that, so --
23 Q. What do you mean you walk away from stuff
24 like that?
25 A. Things that are nobody else's business
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1 but mine 'cause I'm there to work, earn a paycheck,
2 do my job, and workplace is no place for chatting
3 about things such as this. Plus, they don't need to
4 know. It's not their business. It's mine. It's
5 everybody else's that's involved.
6 (Exhibit 7 was marked for
7 identification.)
8 MR. COOK: You guys have these already.
9 These have exhibit numbers on it that aren't
10 necessarily right.
11 MR. PARK: That's fine.
12 MR. COOK: They're from old ones, but the
13 content is the same.
14 MR. PARK: Go ahead and look at that.
15 THE WITNESS: What's this?
16 BY MR. COOK:
17 Q. Do you recall receiving Highlights of the
18 Week during the time frame that Arroyo was your
19 chief?
20 A. Highlights of the Week?
21 Q. Right.
22 A. Yeah.
23 Q. Okay.
24 A. I think he started doing that halfway
25 through or something. I don't know.
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1 I didn't see this before. I'm just
2 seeing it now for the first time. I don't know what
3 this is.
4 Q. All right. Before you get there, let me
5 ask you a couple preliminary questions.
6 You said you thought Arroyo started doing
7 it about halfway in. How would you get the
8 Highlights of the Week, E-mail, handed out or what?
9 A. It comes on our -- FirstClass, our
10 E-mail.
11 Q. And is that something that you would
12 regularly check?
13 A. No. I know what most of the highlights
14 are of the week because I'm very active in the
15 department and you hear things over the radio and
16 you know what's going to be on here. It's --
17 Q. This particular Highlight of the Week, as
18 you were reading it a couple moments ago, I think
19 you said you hadn't seen it before. Is that right?
20 A. Yeah, this, I haven't seen like this. I
21 thought it was in a different format, but not -- not
22 with this style of writing. I don't know. I've
23 never seen this before. I'm sorry.
24 Q. Do you recall receiving on or about
25 February 5th, 2010 in any format some simple
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1 reminders on what law enforcement people are
2 supposed to do and not do regarding social
3 networking?
4 A. Yes.
5 Q. If you'll take a look at that first
6 paragraph, do you see that that's what this
7 Highlight of the Week is talking about?
8 MR. PARK: Right there.
9 A. This was brought up in a meeting. This
10 was all brought up in a yearly meeting, every single
11 one of these sentences. I'm on sentence number
12 three. This was all said out of his mouth in a
13 meeting.
14 BY MR. COOK:
15 Q. When was that meeting approximately?
16 A. It was a before-going-to-school
17 meeting -- I don't know -- last year. And he's just
18 telling people, "Don't identify yourself as a police
19 officer working for a specific agency," which is --
20 Q. You said "last year." Is that when he
21 had this conversation?
22 A. I believe so, yes, best of my -- best of
23 my recollection. But I remember hearing these.
24 "Don't identify yourself as an officer who works for
25 a specific agency," which nine times out of ten you
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1 really don't. You keep your badge in your back
2 pocket off duty.
3 MR. PARK: Let him ask a question.
4 MR. COOK: Thank you.
5 MR. PARK: Yeah.
6 THE WITNESS: He just told me to read it.
7 MR. PARK: No. No, no. Feel free to
8 read it, but --
9 BY MR. COOK:
10 Q. Prior to Arroyo talking to you about this
11 before the start of school last year, had you done
12 anything along these lines to watch your Facebook
13 comments?
14 A. Nah. I'm pretty good on my Facebook. I
15 don't say anything really offensive. I don't put
16 down my department. I don't make myself look bad,
17 so no.
18 Q. All right. And when you talked in the
19 morning session of the deposition that about a year
20 and a half ago there was some kind of a meeting
21 talking about Facebook, was this the same type of
22 content that was discussed then as well?
23 A. Yeah. It was a whole thing on the
24 Facebook and how cops all over the country were
25 getting in trouble for posting naked pictures or
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1 this and that in very compromising situations, which
2 they shouldn't be, and they got, you know, in
3 trouble for it.
4 Q. Do you recall about three months after
5 Angela's death being -- hearing about two officers
6 being called into Chief Arroyo's office for some
7 personal counseling?
8 A. Yeah.
9 Q. Were you one of those two officers?
10 A. Yeah.
11 Q. What was that about?
12 THE WITNESS: Do I have to answer that
13 even though it's marital issues? Has nothing to do
14 with the case, but --
15 MR. PARK: You can answer, but --
16 THE WITNESS: We were talking about me
17 and -- Cynthia was a dispatcher at the time, and we
18 were getting married and the chief basically told
19 us, "This is a work environment. Keep work
20 separated from business. We don't mind if you're
21 married, but keep it separated. She does her job.
22 You do your job, and I don't see a problem with it."
23 Yeah, we were -- we were talked to by the
24 chief. I actually kind of respected it, that he
25 kind of gave us a heads-up, "Just do things nicely."
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1 Sorry.
2 (Exhibit 8 was marked for
3 identification.)
4 MR. PARK: This is a new one.
5 THE WITNESS: It's the same thing?
6 MR. PARK: Different. Take your time.
7 You can look at that.
8 THE WITNESS: Last time I did it he
9 interrupted.
10 MR. PARK: Sorry. Take your time and
11 just read it first before --
12 THE WITNESS: That's what I was doing
13 with that.
14 MR. PARK: All right.
15 MR. COOK: I'm sorry. What one is this?
16 THE REPORTER: 8.
17 BY MR. COOK:
18 Q. Sir, you've been handed Exhibit 8. This
19 is another Highlight of the Week dated August 4th,
20 2011. The third paragraph of that Highlight of the
21 Week says, "Because I have chosen not to give
22 credence to the many fairytales currently streaming
23 throughout our organization, justifications will not
24 be heard from my office."
25 Do you know what he was talking about
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1 around August 4th, 2011, what rumors?
2 A. I've never seen this, so no, I don't know
3 what he's talking about, not -- no.
4 Q. Okay. You've never seen the document and
5 you're not aware of any rumors circulating August
6 4th, 2011; is that correct?
7 MR. PARK: I'm going to say objection,
8 form, foundation. Go ahead.
9 MR. COOK: What's -- what's your
10 objection?
11 MR. PARK: Well, I think he said
12 "fairytales" and you said "rumors," number one.
13 THE WITNESS: Fairy tales?
14 MR. COOK: All right. Let me do it
15 again. All right.
16 BY MR. COOK:
17 Q. First, you don't recall this Highlight of
18 the Week at all; is that correct?
19 A. Nope. I look at our daily briefing, what
20 I have to do, what I'm responsible for. Highlights
21 of the Week, no.
22 Q. Okay. So you do not recall this
23 Highlight of the Week; --
24 A. No.
25 Q. -- correct? All right.
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1 Beginning of the second paragraph says,
2 ". . . I cannot help thinking of the numerous rumors
3 and innuendos currently swirling throughout our
4 organization." Are you aware of any rumors and
5 innuendos swirling through CCSDPD on or about August
6 4th, 2011?
7 MR. PARK: And objection, form. Go
8 ahead.
9 A. I can't -- okay.
10 You're going to ask me what kind of
11 rumors, who said what. I don't recall who said
12 what. It's like being in high school.
13 BY MR. COOK:
14 Q. I'm -- I'm asking you to answer the
15 question I already asked --
16 A. I don't remember.
17 Q. -- not what you think my next one might
18 be.
19 A. I don't remember.
20 Q. All right. And you're not aware of any
21 fairy tales or perceived fairy tales streaming
22 throughout the organization either?
23 A. No, 'cause I ignore them. I'm on my own.
24 No. I don't even know what a fairy tale is besides
25 a story.
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1 (Exhibit 9 was marked for
2 identification.)
3 MR. COOK: I'm one short. You got it a
4 dozen times.
5 BY MR. COOK:
6 Q. This is 9. Exhibit 9 is an October 31st,
7 2011 memo from Detective Thomas Rainey to Acting
8 Chief Jim Ketsaa. If you'll take a look at this,
9 the last two paragraphs talks about Glaviano saying
10 he worked with a guy who knew a detective working a
11 case with Metro and that Clark County School
12 District Officer Mark Robbins was being looked at
13 for lying in his interview about drinking with kids
14 because Penny Higgins had pictures of him doing so.
15 "The last part of the conversation, Glaviano said
16 that Arroyo had contacted Robbins via phone to ask
17 what he had said to the Detectives and he could tell
18 him because he was not going to return to" the
19 department.
20 Do you recall either of those events
21 happening?
22 A. No. Please check Glaviano's record,
23 phone records.
24 Q. Did there come a time when you spoke to
25 Metro --
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1 A. Yes.
2 Q. -- with regard to a conversation
3 involving either Angela's death or any action CCSD
4 had involving Angela's death or the Wamsley party?
5 A. Yes, sir.
6 Q. When was that?
7 A. Don't remember the date.
8 Q. Do you remember if it was before or after
9 the newscast accusing you of being involved in
10 Angela's death or a cover-up of Angela's death?
11 A. After.
12 Q. Who did you speak to?
13 A. I don't remember their names. Metro.
14 Q. How many times have you been interviewed
15 by Metro as either a witness or potential witness to
16 a crime?
17 A. A lot.
18 Q. How many times involved your personal
19 involvement in a crime or allegations of the same?
20 A. Nothing.
21 Q. Other than this occasion?
22 A. Yes.
23 Q. Okay. But you cannot remember either
24 officer's name; is that correct?
25 MR. PARK: Objection, form, asked and
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1 answered.
2 A. Four years ago, no, sir.
3 BY MR. COOK:
4 Q. Well, they didn't interview you four
5 years ago. You just said it was after the news
6 story; correct?
7 A. Okay. I don't remember their names.
8 Q. All right. And it was about two years
9 ago or less because it was after the news story;
10 correct?
11 A. I was working at Von Tobel with Sergeant
12 Burgess. He wasn't around, so whatever date, time
13 that was is the best I can give you. I don't
14 remember.
15 Q. Did you have to go to a meeting in
16 person?
17 A. Yeah. They came -- two Metro officers
18 undercover came to my office, and my attorney was
19 there and --
20 Q. How long before the meeting did you know
21 about the meeting?
22 A. A week.
23 Q. Who was your attorney?
24 A. Oh, I forgot his name. Rick McCann.
25 Q. Is Rick McCann an attorney?
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1 A. Nope.
2 Q. Okay. So who was your attorney?
3 A. Rick McCann.
4 MR. PARK: That's what he meant to
5 clarify.
6 A. That's all we can afford at CCSD.
7 MR. COOK: Let -- let him answer.
8 BY MR. COOK:
9 Q. Say that again, sir.
10 A. Rick McCann's our attorney at CCSD. I
11 know he's not an attorney. I don't know. But
12 that's who was representing me.
13 Q. Okay. So you didn't have an attorney
14 with you, but you had Rick McCann with you; is that
15 correct?
16 A. Yes, sir.
17 Q. All right. How long did the interview
18 take place?
19 A. 20 minutes.
20 Q. Did they conclude the interview or did
21 you leave before they concluded it?
22 A. My attorney told me to stop talking and I
23 left.
24 Q. You didn't have an attorney. You had
25 Rick McCann; correct?
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1 A. Yes, sir.
2 Q. Okay. Did the meeting end when Metro was
3 completed or did you end it before then?
4 A. I didn't end it. I would have kept
5 talking. The person that was supposably my attorney
6 looked at me and said -- and looked at the police
7 officers, "This interview's over." I'm going to
8 listen to him because that's who the department
9 assigned me to represent me. I'm not going to
10 listen to anybody else but the person sitting right
11 there, and he said, "This is done," and he talked to
12 the detectives outside and said, "We're done."
13 Q. What were the questions pending that led
14 him to end the interview?
15 A. Oh, I don't even remember that either. I
16 just remember him mid sentence stopping me and
17 looking at the police officers and saying, "I need
18 to talk to you outside." I really don't remember.
19 It happened just that quick. It was just like he
20 spit it out. The attorney said, "He's not -- my
21 client's not answering that question. Can I talk to
22 you, please, outside?"
23 They talked. They came back in. Rick
24 McCann said, "It's over," and the Metro police said,
25 "Okay, I think we got what we need here," and then
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1 they left.
2 Q. And you don't recall what you were
3 answering even generally?
4 A. Yeah, "Were you at the party? Did you
5 give anybody alcohol? What do you know about this
6 case so far? Who were you with?" Basic general
7 questions.
8 Q. And you don't recall -- well, let me ask
9 you this: Did you answer all of those questions
10 before you got to the question that you stopped in
11 the middle of?
12 A. Yeah, went on for a good 20 minutes.
13 Q. But do you recall the topic of the
14 question pending when the interview --
15 A. No.
16 Q. -- stopped?
17 Okay. I under- --
18 A. That was --
19 Q. I understand you said you didn't recall
20 it specifically. You don't recall it even
21 generally; is that correct?
22 A. He knew where I was going because I was
23 building up to something, and he stopped it.
24 Q. Where were you going?
25 A. I don't remember. He stopped me mid
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1 sentence.
2 Q. How did he know where you were going?
3 A. I don't know. I guess he's good at his
4 job. He knows me. I've been working with him for
5 since I started at the department. I know he's our
6 attorney or he represents us.
7 Q. What other items has he represented you
8 in?
9 A. Somebody made a false complaint about me,
10 that I was speeding, and it was proven wrong. That
11 was another person.
12 Q. I thought you said that was when you were
13 with Boulder City. Did it happen both?
14 MR. PARK: I --
15 A. I didn't say that about Boulder City.
16 BY MR. COOK:
17 Q. The complaint wasn't while you were at
18 Boulder City, the -- the speeding but it wasn't you?
19 A. Which one? The -- no. The complaint was
20 CCSD.
21 Q. Okay. So you -- while you were at
22 Boulder City, you didn't have a complaint for
23 speeding that turned out not to be you?
24 A. No.
25 Q. Okay. All right. So he represented you
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1 with regard to that speeding complaint, and anything
2 else?
3 A. That's it. I've never been written up.
4 My record's perfect.
5 Q. Did you talk to anyone else about the
6 events of either the party, Angela's death or any
7 allegations of cover-up besides the people you've
8 talked to me about in the depo so far?
9 A. No.
10 Q. Did you ever get a written request from
11 Ketsaa to check and see if you had any documents
12 related to the party or this case?
13 A. No, sir.
14 Q. Did you ever check to see if you had any
15 documents related to the party or this case?
16 MR. PARK: Are you okay?
17 THE WITNESS: (Nodding head.)
18 MR. PARK: Okay.
19 A. No, sir, never asked.
20 BY MR. COOK:
21 Q. I understand you were never asked. Do
22 you have any documents in your possession that
23 you're aware of related to the party, maybe a flier
24 somewhere at home or any notes you took down from
25 any conversation regarding this party or Angela's
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1 death?
2 A. No.
3 MR. PARK: Give these back to him so he
4 has them.
5 (Exhibit 10 was marked for
6 identification.)
7 MR. PARK: Right there, look at that one.
8 BY MR. COOK:
9 Q. Something funny?
10 A. (Shaking head.)
11 Q. Mr. Robbins, is something funny?
12 A. That my Facebook's taken out of context,
13 but we'll talk about it.
14 MR. PARK: The same thing.
15 BY MR. COOK:
16 Q. Do you recall when you posted this?
17 A. I don't recall exactly. I know it was
18 with friends last year, maybe the year before.
19 Q. What did you think NRS 283.143 meant?
20 A. Nothing. Doesn't even exist as far as I
21 know. I looked it up. There was nothing there. I
22 looked it up on purpose.
23 Q. So what was the purpose in this post?
24 A. We have a close group of friends. We
25 were in California. We were having a great time,
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1 and it all started back when we took a first trip,
2 our friends, to the lake out at Pahrump. We had
3 such a good time there, we all decided that, "Hey,
4 we're having such a good time, it should be
5 illegal." And then I said, "Oh, they should have an
6 NRS to keep us all apart 'cause we're having such a
7 good time."
8 And then it turned into a -- if you look
9 283.143, I don't know what you're going to find,
10 probably a blank page, but I made it up as a joke
11 'cause we were having so much fun. We planned
12 another trip and we went to Newport Beach with the
13 same people. We had more fun, made up NRS.
14 Q. So it's coincidental that this is a
15 section from reporting statutes?
16 A. This is a section from what? Repeat.
17 Q. Reporting statutes, obligations on things
18 to report. You didn't know that?
19 A. I'm sorry. Obligations to report what?
20 Q. On reporting statutes. The section
21 Chapter 283, were you aware what Chapter 283 is for?
22 A. 2 -- 283.143?
23 Q. Chapter 283.
24 A. I wasn't aware of the chapter, but
25 there's no 183, so 283 doesn't count. If there's no
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1 subsection 180 -- 143, there's no law.
2 We were having a good time. It was a
3 bunch of friends. Somebody got ahold of my Facebook
4 page again and did all this.
5 Q. You're not saying somebody else put this
6 post up --
7 A. No.
8 Q. -- are you? All right.
9 A. Somebody got into this -- and I have a
10 very good idea who it was -- and started handing it
11 around. I explained this. It was a joke. 283.143
12 doesn't exist.
13 Q. Did you know this section covers public
14 officers and employees?
15 A. Yeah, 'cause we're all public officers
16 and employees.
17 Q. All right.
18 A. But 143 doesn't exist.
19 Q. You keep saying that over and over. You
20 understand I'm not asking you that question when you
21 keep saying it; right?
22 MR. PARK: Just, yeah, listen to his
23 questions.
24 A. Yes, sir.
25 \\\
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1 BY MR. COOK:
2 Q. All right. Was it also coincidental that
3 this was posted shortly after the judge initially
4 dismissed part of the complaint against you?
5 MR. PARK: Objection, form. Go ahead.
6 A. Hundred percent.
7 BY MR. COOK:
8 Q. Just --
9 A. Yes.
10 Q. -- random happenstance?
11 MR. PARK: Objection, form.
12 A. Went on vacation, had a good time.
13 Hundred percent having fun.
14 BY MR. COOK:
15 Q. And it is just your whacky sense of humor
16 that you put up a Facebook post saying that you
17 fucked a statute that involves --
18 A. Did you just say "fuck a statute"? I
19 didn't say "fuck a statute," sir.
20 Q. You said "fornicated multiple times";
21 correct?
22 MR. PARK: Objection, form,
23 argumentative. Go ahead.
24 A. It's not a real law. It was a joke. I
25 did say "fornicated." Fine. But basic bottom line
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1 is no disrespect to anybody.
2 BY MR. COOK:
3 Q. And this was all just -- the timing of
4 this in relation to the dismissal was completely
5 coincidental and this was just your --
6 MR. PARK: Asked and answered.
7 BY MR. COOK:
8 Q. -- random sense of humor; is that
9 correct?
10 MR. PARK: Asked and answered.
11 A. Sure, yes.
12 BY MR. COOK:
13 Q. You're Facebook friends with Brian
14 Nebeker?
15 A. Not anymore.
16 Q. When you had Facebook?
17 A. Uh-huh.
18 THE REPORTER: Yes?
19 THE WITNESS: Yes, sir.
20 BY MR. COOK:
21 Q. All right. Anyone else on the
22 department?
23 A. Not that I can recall off the top of my
24 head.
25 Q. I'm sorry?
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1 A. Not that I can recall off the top of my
2 head.
3 Q. All right.
4 A. When I had it.
5 (Exhibit 11 was marked for
6 identification.)
7 BY MR. COOK:
8 Q. Is that your picture with the two middle
9 fingers up?
10 A. Yes.
11 Q. This was the old Facebook account?
12 A. Yes.
13 Q. This is the one you shut down in January
14 of 2011?
15 MR. PARK: Objection, form. Go ahead.
16 BY MR. COOK:
17 Q. I gave you the wrong date. Let me -- let
18 me ask that again.
19 This is the one you testified you shut
20 down January of 2013; correct?
21 A. Yeah. No, I shut this one down, made
22 another one with my name different so I wouldn't get
23 harassed by people who -- I changed my name
24 backwards and shut that down. This was my original
25 one.
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1 Q. When did you shut this one down?
2 A. I don't remember. It was a while ago. I
3 don't even remember half the stuff, half the
4 pictures on there. I don't even know what the top
5 is. I don't even know what that is. I don't even
6 remember that. Anyhow.
7 MR. PARK: Give that back to him.
8 You doing all right?
9 THE WITNESS: Yeah.
10 BY MR. COOK:
11 Q. Do you have any information about the
12 Wamsley party that you think is important that we
13 have not discussed?
14 THE WITNESS: Can I speak freely?
15 MR. PARK: Please.
16 THE WITNESS: Just from me and -- just
17 from me and wanting to be a police officer all my
18 life, I would never put myself into jeopardy like
19 that. As far as Mr. or Officer Morales putting
20 himself in jeopardy like that, as long as he's been
21 a police officer, as long as I worked for him, he's
22 my first sergeant, he's not that type of man. If it
23 was, he would surprise me.
24 I am straight A by the book. You ask
25 anybody by the department. I carry the book with
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1 me. I wanted this since I was a little kid. I
2 finally got what I wanted.
3 A holiday party with some dispatchers, a
4 private party that had nothing to do with the
5 District, just some dispatchers and two cops that
6 happened to be friends with some of the dispatchers,
7 we showed up to a holiday party. We had our dinner.
8 We had a few adult beverages. We left.
9 I'm sorry. I gotta -- and I'm not just
10 doing this to do this, but I'm an honest man. I'm a
11 Christian, been working hard for what I got all my
12 life. These people at this party, as far as
13 Morales, my wife, everything -- the fingers are --
14 I'm sorry. I'm -- this is -- I -- I know I've lost
15 sleep over this since it started. It has completely
16 ruined my reputation out in the street over
17 something I have never done. I would never
18 jeopardize my retirement -- I'm so close -- for
19 something so stupid.
20 I deeply apologize to your family, and
21 I'm not just saying that. I really do. I'm a
22 police officer. My standards are stellar.
23 If for a second I saw a kid with that
24 beer -- a beer bottle in his hand, I would have
25 taken it out of his hand, smashed it on the ground,
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1 grabbed him by the collar, walked him up to Wamsley
2 and said, "I don't know what the hell's going on
3 here, but no."
4 And, I mean, believe me or not, I've
5 worked hard for 14 years to get to where I am, and
6 if anybody thinks for a second I'm going to throw
7 that hard work away and disappoint my parents back
8 East and my grandfather, who is right there getting
9 ready to die and who's following all of this, I'm
10 smarter than that. I'm college educated. I worked
11 hard to get where I was.
12 I had nothing to do with that. I did not
13 know kids were drinking, and I'm sorry. And if I
14 did, I would have grabbed Morales. I would have
15 grabbed the post -- party host, and I would have put
16 a stop to all of it. I'm sorry. I would have. I
17 didn't know anybody was drinking besides adults.
18 BY MR. COOK:
19 Q. Why would you have grabbed Morales?
20 A. 'Cause he's a police officer too. "Come
21 here for a second. I need your help. There's kids
22 drinking. Let's put a stop to this crap. Let's
23 bring it to the attention of the homeowner and fix
24 it."
25 I'm not throwing all this, my career,
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1 away for -- for something like this.
2 Q. And you said you lost sleep over this.
3 What did you lose sleep over?
4 A. All these allegations, defamation of
5 character, working with these people that will give
6 me looks before they know all the facts, like, "He's
7 a scumbag. Stay away from him."
8 I've lost friends over this that I've had
9 for a long time. You know, Mike Thomas, good
10 friend. It's just I don't know what happened, where
11 it went wrong.
12 If I would have seen it, I would have
13 stopped it. I'm not giving my badge up for
14 something, for anything. I'll -- you know, and if I
15 did do wrong, if it -- if for some reason
16 hypothetically I did do wrong, I'd hand in my badge
17 'cause I can't live like that.
18 That's all I got to say.
19 Q. Anything about the allegations of a
20 cover-up that you haven't talked about today that
21 you think are important?
22 A. I have never, never, ever -- and this has
23 been brought up before -- had even knew there was a
24 cover-up until after the whole cover-up thing
25 started coming out. I work in the northeast. I
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1 stay away from the main station. I do my job.
2 I never heard anything about a cover-up
3 until it came on the news.
4 Q. So you don't have any information one way
5 or the other about a cover-up because you stay away.
6 Is that your testimony?
7 A. Yes.
8 Q. Now, with you telling me that, "As -- as
9 a cop and I'm a cop 24/7 and if I would have seen
10 the drinking I would have stopped it and I would
11 have got Morales to help me stop it," at any point
12 since you found out about the accident have you
13 approached Wamsley and said, "Hey, you know you
14 can't have kids drinking at your house. You
15 shouldn't have before. You better not again,"
16 anything like that?
17 A. After everything, the mess that occurred
18 and everything that happened, Wamsley, as much as I
19 knew her, this much, I distanced myself from
20 everybody 'cause I didn't have anything to do with
21 it. I didn't want to get wrapped up in it. I had
22 nothing to do with it.
23 Q. Okay.
24 A. So I was letting the dispatchers handle
25 it.
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1 Q. But that's not what I asked you, though.
2 A. Okay.
3 Q. Did you -- did you go up to her and say
4 anything in form or substance like I asked you?
5 A. No.
6 Q. All right.
7 MR. COOK: All right. I don't have
8 anything else.
9 MR. PARK: I don't have anything.
10 MS. GODFREY: I just have -- I just have
11 to ask a couple follow-up questions that we may not
12 have covered.
13 EXAMINATION
14 BY MS. GODFREY:
15 Q. I'm counsel for Clark County School
16 District, Arroyo, Nebeker, Ketsaa, Quintanilla, and
17 I just wanted to know. Maybe we'll go through each
18 of these people quickly.
19 Did you ever have a conversation with
20 Chief Arroyo and tell him you were at this party?
21 A. No.
22 Q. Did you ever have any conversations where
23 he mentioned keeping quiet or cover-up or anything
24 of that nature?
25 A. Nope. No.
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1 Q. Did you ever have any conversations with
2 Brian Nebeker in that regard?
3 A. No.
4 Q. Did you have any questions -- or
5 conversations with Johnson in that regard?
6 A. No.
7 Q. Did you ever have any conversations with
8 Quintanilla about the party after?
9 A. No.
10 Q. Did they ever approach you and ask you
11 any questions about the party?
12 A. No, ma'am.
13 Q. I just want to clarify. Counsel asked
14 you if you knew anything about the allegations of a
15 cover-up, and your response was you never knew there
16 was a cover-up until it came out in the news.
17 A. Alleged, yeah.
18 Q. Alleged. Okay. That's -- my
19 clarification is: You don't -- do you have any
20 understanding that there was an actual cover-up as
21 you sit here today?
22 A. Absolutely not, and I still don't believe
23 it, no.
24 Q. Okay. So no one has ever approached you
25 to say, "Don't tell anyone anything"?
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1 A. No.
2 Q. "Don't tell Metro anything"?
3 A. No.
4 MS. GODFREY: Okay. I have no further
5 questions.
6 MR. KELLER: I have no questions.
7 MR. PARK: I got nothing.
8 MR. COOK: All right. Thank you.
9 THE VIDEOGRAPHER: This ends the
10 deposition. The time is 2:38 p.m., and we are off
11 the record.
12 (Deposition recessed at 2:38
13 p.m.)
14
15
16
17
18
19
20
21
22
23
24
25
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1 CERTIFICATE OF WITNESS
2 PAGE LINE CHANGE REASON
3 ____________________________________________________
4 ____________________________________________________
5 ____________________________________________________
6 ____________________________________________________
7 ____________________________________________________
8 ____________________________________________________
9 ____________________________________________________
10 ____________________________________________________
11 ____________________________________________________
12 ____________________________________________________
13 ____________________________________________________
14 ____________________________________________________
15 ____________________________________________________
16 ____________________________________________________
17 ____________________________________________________
18 ____________________________________________________
19 * * * * *
20 I, MARK ROBBINS, witness herein, do hereby certify and declare under penalty of perjury the
21 within and foregoing transcription to be my deposition in said action; that I have read,
22 corrected and do hereby affix my signature to said deposition.
23
24 _________________________________ __________ MARK ROBBINS
25 Witness Date
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1 REPORTER'S CERTIFICATE
2 STATE OF NEVADA )
3 ) ss COUNTY OF CLARK )
4
5 I, William C. LaBorde, a duly certified court reporter licensed in and for the State of Nevada, do
6 hereby certify:
7 That I reported the taking of the deposition of the witness, MARK ROBBINS, at the time and place
8 aforesaid;
9 That prior to being examined, the witness was by me duly sworn to testify to the truth, the whole
10 truth, and nothing but the truth;
11 That I thereafter transcribed my shorthand notes into typewriting and that the typewritten
12 transcript of said deposition is a complete, true and accurate record of testimony provided by the
13 witness at said time to the best of my ability.
14 I further certify (1) that I am not a relative, employee or independent contractor of
15 counsel of any of the parties; nor a relative, employee or independent contractor of the parties
16 involved in said action; nor a person financially interested in the action; nor do I have any other
17 relationship with any of the parties or with counsel of any of the parties involved in the action that
18 may reasonably cause my impartiality to be questioned; and (2) that transcript review pursuant
19 to FRCP 30(e) was requested.
20 IN WITNESS WHEREOF, I have hereunto set my hand in the County of Clark, State of Nevada, this
21 6th day of September 2013.
22
23 _____________________________________ William C. LaBorde, CCR 673, RPR, CRR
24
25
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WORD INDEX
< ' >' 65:12
< 0 >0 107:13000057 3:2105 19:13 27:20, 20,20, 24 107:13
< 1 >1 3:11 6:16, 18 204:141:48 159:2010 3:19, 22 14:10 148:19 189:510:01 48:1610:11 48:1910:44 76:910:51 76:1611 3:23 194:511:52 131:112:07 131:912:43 159:1413 7:5 91:5131 3:1214 17:7 19:9 43:7 63:1 91:5 100:17 128:21 197:5143 191:1, 1815 117:17 150:3150 38:1115-year-old 42:716 14:6 15:1, 25 16:14, 19 43:7 146:21173 3:12176 56:15 58:24178 3:1918 112:3180 191:1181 3:19183 190:25189 3:2219 112:3194 3:231st 80:12, 14, 19 81:14, 14
< 2 >2 3:12 72:17, 22 190:22 204:182:00 134:122:11-cv-01919-LRH-PAL 1:4 4:122:38 202:10, 1220 106:10 112:19 184:19 186:12200 3:5 10:22000 19:3 21:22002 19:142005 19:2, 22006 106:3, 152009 35:2, 7 36:17,24 44:9, 18 106:19,19 107:25 108:9,12 109:4, 5, 15 142:142010 3:12 66:21 107:2, 8 108:2 142:16 174:252011 3:19, 19 59:2,16 161:19 178:20 179:1, 6 180:6 181:7 194:142013 1:18 4:5 23:24 25:15, 18 28:7 32:9, 15 79:9 82:19, 22 106:6 194:20 204:2120-minute 54:821 96:22 112:321-year-old 42:724 91:13 199:925 112:19283 190:21, 21, 23,25283.143 189:19 190:9, 22 191:1129th 35:2, 7 36:17,24 107:23 108:12 109:5, 14
< 3 >3 3:12 19:14 76:13 83:9, 103:00 134:12
30 204:1930-second 54:830th 107:2431 3:1931st 181:6325 14:1035 20:7 24:18 170:173773 2:93993 2:143rd 107:8 142:16
< 4 >4 1:18 3:12, 19 85:1740 25:22400 2:94th 4:5 178:19 179:1, 6 180:6
< 5 >5 3:12, 12 27:24 87:8 148:20517 1:21 2:4 4:45th 74:15, 19 75:18, 18, 21 76:1 174:25
< 6 >6 3:4, 11, 12 131:5600 2:14, 19673 1:24 204:236th 204:21
< 7 >7 3:12 20:9 21:2 91:13 173:6 199:9701 2:1972 3:1276 3:127689 1:257-Eleven 91:247-Up 91:24
< 8 >8 3:19 21:2 167:7 178:2, 16, 1885 3:1287 3:1289101 2:4, 20
89169 2:10, 15
< 9 >9 3:19 27:20, 24 181:1, 6, 69:08 1:20 4:59:39 34:159:45 34:1990 17:8 148:1896 20:6, 8 21:2, 297 20:998 20:1299 20:12, 14 21:2 114:13
< A >a.m 1:20 4:5 34:16, 19 48:16, 19 76:9, 16 131:1ability 204:13able 31:6 34:9 59:25 67:25 100:9, 19absence 13:15absent 82:24Absolutely 24:20 30:21 63:7 67:10 71:12 80:6 92:9 110:5 142:6, 7 201:22academy 22:15 23:4accepted 20:11accident 14:12 15:19 32:20 33:10, 14 42:21 100:20 101:1, 7 102:11, 21 103:1, 6,21 104:6 133:21 142:15 144:19, 23 199:12account 70:19 71:8, 11 72:9, 23 73:1 74:1, 12 161:1 194:11accurate 204:12accused 155:24accusing 182:9acquaintances 138:5Acting 181:7
Mark Robbins CONTAINS CONFIDENTIAL INFORMATION
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action 24:3 90:2 182:3 203:21 204:16, 16, 17active 22:22 174:14activities 72:2actual 201:20add 132:25additional 61:16 112:20address 88:10administer 4:17adult 99:12 130:14 133:6 196:8adults 96:19 97:7,15 111:20, 24 120:14 121:17, 17 129:19 150:6 157:19 197:17advice 13:7, 8affect 11:25 12:2 18:7affix 203:22afford 184:6aforesaid 204:8AFTERNOON 159:17again, 199:15age 42:5, 24 96:21,23 128:23agency, 175:19, 25ages 42:14 109:18ago 7:5 19:10 20:7 32:21, 22 33:10, 21 40:3 44:6 57:7 63:17 66:14, 21 69:21, 24 72:7 78:25 80:15,16 84:3 86:24 89:20 102:3 138:10, 12 139:2 141:21 142:21 143:5 147:5 149:20 158:13, 23 162:24 165:3 169:2, 21 174:18 176:20 183:2, 5, 9 195:2agree 5:22
agreement 5:13Ah 160:8ahead 15:9 25:23 28:8 29:19 36:20 37:7, 8, 16 40:21 42:11 44:22 45:6 48:7 50:13 56:16,18 60:8 62:4 84:25 92:16 95:1 100:13 101:3 108:13 110:18 122:20, 25 134:7 136:17, 17 137:7 146:11 147:11 151:14 152:11 153:1 163:8 165:2 173:14 179:8 180:8 192:5, 23 194:15ahold 81:11 191:3aim 38:20aired 164:22 165:6, 21, 23 166:1,17al 1:10 4:10alcohol 99:14 100:20 101:9, 14 102:10, 25 103:20 120:17 121:16, 20 122:15 125:20 126:2 131:12, 16 133:3, 6 134:24 135:24 136:15, 18,18, 25 140:6 141:2 142:3 145:13, 23 151:4, 9, 23 152:3,20 153:12 155:8 157:9, 17 170:18 186:5allegations 38:20 55:15 162:17, 22 170:15, 16, 18, 19 171:5, 7, 21 182:19 188:7 198:4, 19 201:14Alleged 201:17, 18allowed 61:7, 9 86:21 129:25Alvarado 2:17ANGELA 1:6 4:8 55:23 101:8
134:5 138:8 142:2 153:13 169:23Angela's 35:17 107:17 133:8 138:20 139:25 140:25 143:3, 9 156:6, 25 161:6 162:1, 10 163:1, 3,6, 16 169:15 177:5 182:3, 4, 10, 10 188:6, 25Angels 88:13anonymous 24:10 158:16 167:10, 12answer 8:6, 19 9:1, 5, 10, 16 10:23 24:5 28:11, 12 37:8, 18 38:8, 9, 10 42:12 44:23 45:1,3, 6, 7 46:18 59:5,22 60:8, 12, 19 63:14 66:1 68:10,11, 13 69:2 74:8 78:1 81:7 83:22 85:1, 2, 3 87:24 89:14 95:1 101:13 107:20 108:20 112:24, 25 124:7 143:25 144:1 147:9 151:3 163:18, 20 164:14 165:11, 16 166:5, 8 177:12, 15 180:14 184:7 186:9answered 25:9, 19 36:8 63:14 69:10 84:14, 24 102:12 183:1 193:6, 10answering 14:23 185:21 186:3answers 9:4 14:19Anthony 46:10 47:4 83:16 84:2,21anticipate 5:10anybody 84:16 89:1 104:12, 14 111:23 121:7 131:12, 15, 20, 21
133:2, 3 136:21 142:15 146:22 156:24 157:3, 22,25 160:6 171:6, 24 172:19 185:10 186:5 193:1 195:25 197:6, 17anybody's 155:14anymore 27:11 80:24 83:1 138:1 193:15anyway 122:11apart 190:6apologize 144:3 196:20Apparently 136:18APPEARANCES 2:1application 25:10applies 5:10approach 172:12,14 201:10approached 151:8 199:13 201:24approximate 66:17 169:10approximately 19:1 27:25 53:21 54:6 86:18 106:17 169:13 175:15Approximation 117:16April 26:19, 20, 22 27:3 28:3 29:4 75:19, 20 79:5, 8,12 96:7area 23:17 48:8 69:24 111:6 112:7 117:15 121:19argumentative 192:23Armando 2:7 113:19 115:22 129:11 154:15, 18arms 80:8 87:17 88:9arose 89:2arrest 23:18 71:24
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arrested 89:25arrests 23:17 50:4arrive 97:25arrived 115:24Arroyo 2:6 4:22 50:20, 22 51:1, 3, 4,11, 16 52:3 53:5,10, 21 54:23 55:21 56:1 60:6 132:16,17 173:18 174:6 176:10 181:16 200:16, 20Arroyo's 57:13 58:14, 24 177:6asked 14:1 29:3 42:5, 23 46:17 50:6 56:1, 9, 20 58:11 59:8 60:18 67:5 68:25 74:8 84:19, 24 86:20 103:14 108:23 123:2, 17 132:6 134:15 140:3, 5 142:13 147:9 148:5, 17 151:16 155:12 164:9, 13 167:21 169:16 180:15 182:25 188:19, 21 193:6,10 200:1, 4 201:13asking 8:14 29:15 37:21 48:21 58:4 123:5 148:22 149:1, 1, 12 164:3 165:13 171:19, 20 180:14 191:20asks 24:6 147:11 165:17asleep 133:13, 13 136:8aspect 104:19, 21asshole 152:4assigned 185:9assume 8:20 143:14, 17assuming 51:21 108:3ate 111:1 117:2 120:1 127:22 129:8
atmosphere 138:7,14attachments 167:9attention 44:11, 19 111:14, 18 126:12 127:17 129:1, 18 133:7 138:23 172:21 197:23attorney 56:5 59:13, 14 60:2, 22,23 61:8 167:19 183:18, 23, 25 184:2, 10, 11, 13, 22,24 185:5, 20 187:6attorneys 59:24August 3:19 76:2 96:4, 7 178:19 179:1, 5 180:5Avenue 2:19awake 17:5aware 7:21 27:15 48:23 49:2 91:9 170:19 179:5 180:4, 20 188:23 190:21, 24
< B >baby-sit 118:25back 13:14 14:13,13, 17 18:15, 16 32:17 33:19, 23, 24 34:18 35:8 44:25 48:18 50:5 51:1 58:6 64:19 68:16,16, 17 72:14, 15 76:15 77:16, 17 79:19, 21, 23 81:21,25, 25 82:3, 5, 8 89:24 94:15 95:12, 16, 17 96:3,8, 13 102:8 105:19 116:21 117:22 119:8, 15, 16 120:25 121:15 127:25 129:8 130:6 131:8 132:18 143:18, 19 147:8 149:5 159:19 160:8, 20 164:24 166:11, 17 176:1 185:23
189:3 190:1 195:7 197:7back-and-forths 95:13, 15background 18:13 67:4backstabbing 64:5backwards 72:23 73:23 194:24bad 73:14 87:19 103:14 131:19 136:21 137:9 176:16badge 176:1 198:13, 16Bailus 2:3ballroom 88:22bar 133:6barely 135:4barroom 88:22based 78:24Basic 186:6 192:25Basically 13:20 22:24 23:2 50:8 59:22 60:1 177:18bathroom 124:16beach 80:11, 14 190:12BECKY 2:20 4:13bed 12:22 17:8 26:25 82:16, 18beer 35:12 36:10 37:4 43:12, 24 44:1, 5 45:14, 20 64:18 65:1, 3 89:22, 24 90:15, 16 96:21 97:2, 6 99:12, 17, 20 119:19 120:4, 7, 9 124:25 125:5, 6, 16 126:23 127:22, 24 170:24 196:24, 24before-going-to-school 175:16began 59:6, 11 60:19beginning 5:4 26:17, 21 27:3 29:4 48:2 60:15 111:5, 11 180:1
begins 4:2 76:16 131:9 159:20behalf 1:6 4:8 169:23belief 103:23believe 7:5, 9 14:20 24:17 40:5 48:5 50:5 55:5 61:5 63:5 67:8 70:12 75:9 84:10 100:8 103:5 105:12, 13 114:13 128:7 132:3 135:17 169:1 175:22 197:4 201:22belongs 145:25bench 114:25 115:8 121:22, 24benches 115:11best 10:11 16:15,22 17:1 19:15 20:25 21:11 26:20 28:2 29:23 31:15 44:17 46:11, 12 48:9, 22 53:23 55:7 63:17,18 64:7 70:2 81:9 86:24 89:5 98:20 109:12 119:22 139:3 141:24 157:1, 14 161:7, 10 175:22,22 183:13 204:13better 77:8 127:20 144:6 199:15beverage 119:8beverages 99:12 196:8big 23:20, 23 38:23 67:1 104:2 109:24 110:3 111:20 118:19 136:19 146:23 162:19bigger 11:11bikes 88:7birthday 34:6 63:24 66:14 88:3,3
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12 55:2 58:1, 12 62:15 65:9, 11 66:2 69:23 80:2 81:9 87:19 97:13 101:6 107:19 108:18 117:6 119:17 163:4, 22 172:18turn 88:22 156:21turned 33:24 118:18 137:5 157:10 160:20 187:23 190:8turns 32:13TV 149:24twice 34:4two 11:7, 7, 9, 14 14:8, 14 16:4 18:18 19:2, 3, 10,11 20:6, 12, 25 22:19 28:18 31:11 33:21 38:17 51:18 54:3,20 61:7 66:14 73:11 76:17 77:2 80:15 98:8 99:12 100:11, 14, 15 103:18 125:17 128:22 130:9 131:4 139:5 143:18 144:19 150:5 152:4 158:8 177:5, 9 181:9 183:8, 17 194:8 196:5type 105:15 176:21 195:22types 16:4typewriting 204:11typewritten 204:11Typically 27:15typing 77:1
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175:24worried 171:4worse 27:1Wow 107:18 144:24wrapped 70:6, 14,15 199:21write 24:2 122:9 126:21writing 174:22written 72:23 188:3, 10wrong 20:13 24:12 31:2 36:1 70:17, 17 136:5 137:6, 8 144:8 152:23 171:3 187:10 194:17 198:11, 15, 16wrote 31:12, 12
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WORD LIST
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Approximation (1)April (12)area (7)argumentative (1)Armando (6)arms (3)arose (1)arrest (2)arrested (1)arrests (2)arrive (1)arrived (1)Arroyo (25)Arroyo's (4)asked (45)asking (16)asks (3)asleep (3)aspect (2)asshole (1)assigned (1)assume (3)assuming (2)ate (5)atmosphere (2)attachments (1)attention (12)attorney (20)attorneys (1)August (8)Avenue (1)awake (1)aware (12)
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Clark (10)clean (3)clear (5)clearance (1)cleared (2)click (6)client (2)client's (1)cliques (1)close (9)closed (1)close-knit (3)closer (1)closest (1)club (8)Coast (1)cocktails (2)coincidental (3)Coke (3)collar (3)collateral (1)colleagues (2)College (15)colleges (2)color (2)combination (1)come (12)comes (3)comfortable (1)Coming (7)command (1)comment (2)comments (2)commercial (1)committed (1)common (2)Community (4)company (1)complain (3)complained (1)complaint (6)complete (3)completed (1)completely (6)complicated (2)Complying (1)compromising (1)computer (1)con (1)concentrate (1)
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engagement (2)enjoy (1)enjoying (1)ensuring (1)entitled (1)environment (1)Eric (1)Erie (3)Erin (2)especially (4)ESQ (4)Estimate (6)Estimates (1)et (2)ethic (1)evaluate (1)evening (1)event (2)events (3)eventually (1)Everybody (15)everybody's (1)exact (12)exactly (13)exaggerate (1)Examination (4)examined (2)Example (1)exception (1)excited (1)excuse (3)executing (1)exhibit (22)exist (3)expect (1)expected (1)experience (1)explain (3)explained (1)extent (4)extreme (1)extremely (1)ex-wife (1)eye (1)eyebrow (1)eyebrows (1)eyes (2)
< F >face (3)
Facebook (54)Facebook's (1)facing (5)fact (6)Facts (6)factual (4)fair (3)Fairy (4)fairytales (2)Fall (2)false (1)familiar (1)Family (10)far (28)fast (2)fat (1)fatal (1)February (17)federal (1)feed (1)feeding (1)feel (5)feeling (5)fell (2)felt (2)female (1)fiancée (1)field (2)fight (2)figure (10)figured (4)figure's (1)filed (4)Filiberto (1)filled (2)Finally (4)financially (1)find (7)finds (1)fine (17)fingers (3)finish (10)finished (3)fire (2)fired (1)fireman (1)firemen (1)first (83)FirstClass (1)Five (8)
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fix (1)flier (9)fliers (4)flipping (2)floating (2)floor (1)flow (2)FMLA (4)focused (1)follow (3)followed (2)following (3)follows (1)follow-up (2)food (3)fool (1)foregoing (1)forever (2)forget (2)forgot (7)form (31)form, (1)format (2)former (1)fornicated (2)forth (1)forward (3)found (8)foundation (10)four (22)Fourteen (1)fourth (1)foyer (1)fractured (1)frame (4)FRANCIS (4)frankly (1)frantic (1)fraternize (2)frazzled (1)FRCP (1)free (2)freely (2)fresh (3)fresher (1)freshly (1)fridge (9)friend (7)friends (43)friends, (1)
friendship (1)front (9)fuck (2)fucked (1)full (42)fun (7)functional (1)functions (2)funny (2)further (3)future (1)
< G >gaba (1)Gabapentin (3)Gamboa (9)game (9)games (2)gar (1)garage (22)gastrointestinal (1)general (9)generally (5)George (6)getting (22)girl (1)girlfriend (7)girlfriend-and-boyfriend (1)girls (1)gist (1)give (24)given (1)giving (5)glass (1)Glaviano (7)Glaviano's (1)go (99)God (2)God, (1)GODFREY (7)goes (6)going (110)good (25)good-bye (2)goofball (1)gosh (2)gossip (1)gossiper (1)Gotcha (2)
gotta (1)gotten (3)grab (3)grabbed (9)grades (2)graduate (3)graduated (3)grandfather (1)grate (1)Great (4)greater (1)green (1)Greenberg (1)Gregory (4)grocery (2)Grouchy (2)ground (2)group (10)guess (18)guesses (1)guessing (1)guy (8)guys (3)guy's (1)
< H >half (22)Half-hour (6)halfway (4)hallway (2)hand (7)handed (7)handful (2)handing (1)handle (4)hands (3)hang (7)hanging (3)happen (6)happened (17)happening (9)happens (1)happenstance (1)happy (1)harass (1)harassed (2)harassment (1)hard (12)hate (3)hazard, (1)
head (19)headache (1)heads-up (2)health (3)healthy (1)hear (29)heard (39)hearing (8)hearsay (5)heavy (1)heck (2)held (4)Hells (1)hell's (1)help (4)Here, (2)hereunto (1)herniated (5)Hey (19)Hey, (1)hi (2)Higgins (10)Higgins' (1)high (2)higher (1)higher-ups (1)Highlight (6)Highlights (7)highway (1)Hilbert (7)hired (3)hit (2)h'm (1)hold (1)holiday (7)Holy (1)home (8)homeowner (1)homesteading (1)honest (3)honestly (6)hookah (1)hop (1)hope (1)horrible (9)Hospital (5)host (1)hour (9)hours (5)house (27)
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houses (1)Howard (2)how'd (4)How's (1)Hughes (2)Human (2)humor (2)Hundred (2)hung (3)hurt (1)husband (2)husband-and-wife (1)Hydrocodone (4)hypothetically (1)
< I >idea (12)identification (11)identified (2)identify (4)ignore (4)ignored (2)illegal (1)illegally (1)illness (2)imagine (1)impartiality (1)important (6)impounded (1)impression (1)inaccurate (1)incident (1)include (1)included (1)independent (2)indicate (1)individually (6)inexperienced (1)INFORMATION (15)informed (3)inhalers (1)initial (1)initially (1)initiation (2)innocent (1)innuendos (2)inside (21)inside, (1)
interact (1)interested (1)interesting (3)interrupt (2)interrupted (2)interrupting (1)interview (8)interviewed (2)interview's (1)intimidated (1)intoxicated (1)introduced (2)intuition (1)investigate (1)investigated (3)investigating (1)investigation (1)involved (11)involvement (7)involves (1)involving (2)Iron (1)irresponsible (1)I's (1)is, (1)issue (3)issues (3)it, (2)items (2)
< J >Jack (2)jail (2)January (18)jeopardize (2)jeopardizing (3)jeopardy (3)Jim (1)Job (36)jobs (2)Johnny (5)Johnson (3)join (2)joke (3)jokes (1)judge (1)July (7)jump (1)June (9)justice (3)
justifications (1)
< K >keep (20)keeping (3)keeps (2)Kelesis (1)KELLER (7)kept (3)Ketsaa (4)KEVIN (27)key (2)kicking (1)kid (5)kids (23)kids, (1)killed (9)kind (24)kitchen (5)kitty-corner (1)Knapp (2)knew (44)knit (2)know (263)knowledge (2)knows (3)Kram (2)Kurak (5)
< L >Label (1)labeled (1)LaBorde (4)laid (2)lake (1)language (1)lapse (1)laptop (1)Las (8)lasted (2)late (1)lately (1)later, (1)laters (1)law (9)laws (1)lawsuit (14)lay (2)laying (2)lead (2)
learn (5)learned (4)learning (1)Leave (17)leaving (4)led (4)left (47)Legal (1)LESLIE (2)lessons (1)lets (1)letter (2)letters (1)letting (1)level (1)Lewis (1)liar (1)licensed (1)lie (10)lies (1)Lieutenant (17)life (10)life, (1)liked (1)likes (1)Lincoln (2)LINDA (6)line (3)lines (4)liquid (1)liquor (6)list (9)listen (6)literally (1)litigation (1)little (23)live (3)living (6)LLP (2)local (1)long (45)longer (3)look (20)looked (22)looking (7)looks (3)loop (1)Loren (1)lose (3)Lost (5)
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lot (23)love (5)lunch (1)Luncheon (1)lung (2)lungs (1)lying (23)
< M >Ma (1)ma'am (3)mad (4)mail (1)main (3)major (1)making (5)man (8)management (1)manager (2)map (2)MARC (2)March (7)Marc's (1)Marisa (9)Marisa's (1)marital (5)MARK (30)MARKED (15)married (14)math (1)Matt (2)matter (4)MATTERS (3)MATTHEW (1)McCann (6)McCann's (1)mean (56)means (1)meant (8)med (1)medical (8)medically (1)medication (11)medications (15)medicine (1)meds (8)meet (4)meeting (12)member (1)memo (1)
Memorandum (1)memory (17)men (1)mentioned (7)mess (5)met (15)Metro (13)Metropolitan (1)mid (2)mid-December (1)middle (6)midnight (2)Mike (6)miles (1)military (2)million (2)mind (10)mine (5)minor (7)minors (6)minute (3)minutes (11)MIRANDA (39)Miranda's (6)miscommunication (1)misconstrued (4)misdemeanors (1)miserable (2)misquote (1)missing (2)mistake (1)misunderstood (1)mixed (2)mixing (1)moment (2)moments (1)mom's (2)Monday (1)money (2)month (12)months (11)Morales (32)Morales's (4)morning (17)mother's (1)motorcycle (13)mouth (5)move (6)moved (6)
movement (1)moving (3)multiple (6)muscle (4)musician (1)
< N >Nah (3)naked (1)name (34)named (5)names (15)name's (2)nametag (1)nasty (1)nature (2)nausea (3)Navigator (1)Nebeker (5)necessarily (1)necessary (1)need (26)Negative (1)nerves (1)networking (1)NEVADA (11)never (35)New (5)newly (2)Newport (1)news (42)newscast (1)newscasts (1)newspaper (3)newsperson (1)nicely (1)nickname (3)night (9)nine (1)Ninth (3)Nodding (1)Nomads (1)nonsense (1)Nope (9)Normal (7)North (1)northeast (1)note (2)notes (4)noticed (1)
notices (1)November (12)NRS (3)NUMBER (13)numbers (1)numbing (1)numerical (1)numerous (8)
< O >Oasis (1)oath (2)object (6)Objection (43)obligations (2)observed (1)obvious (1)Obviously (6)occasion (1)occasions (1)occupational (1)occurred (2)October (3)off-duty (2)offensive (1)office (4)officer (25)officers (10)officer's (1)Oh (37)Okay (162)old (3)older (1)once (14)ones (5)on-line (7)oOo (2)open (10)opened (6)opens (2)opportunity (1)opposed (1)opposite (1)Order (10)ordered (2)organization (3)orientation (1)original (2)originally (2)ought (1)
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outset (1)outside (14)over, (1)overhear (1)
< P >P.A (1)p.m (5)PAGE (15)Pages (4)Pahrump (1)paid (2)pain (10)painkiller (1)paperwork (6)paragraph (3)paragraphs (1)paraphrasing (1)Pardon (2)parents (2)PARK (191)parked (2)parking (2)Parkway (2)part (5)participate (1)particular (5)parties (6)party (132)party, (1)passed (2)passing (5)password (1)passwords (1)patches (1)patients (1)Patrol (4)patrolman (2)pay (6)paycheck (2)paying (4)PD (1)Peggy (1)penalty (1)pending (2)Pennsylvania (1)Penny (8)pension (3)peo (1)people (65)
perceived (1)percent (7)Perfect (3)perfectly (1)performer (1)period (4)perjury (1)person (23)personal (8)personality (1)personally (6)persons (1)person's (1)PETERSON (14)ph (1)philosophy (1)phone (33)photo (2)Photograph (3)phrase (1)physician (1)pick (4)picking (2)picnic (7)picture (14)pictures (14)pieces (1)pills (1)Ping-Pong (1)pink (2)pipe (1)place (9)plaintiff (1)Plaintiffs (3)plan (2)planned (1)plans (2)plate (1)play (3)played (8)playing (13)please (12)plethora (1)Plus (1)pneumonia (1)pocket (1)point (26)pointed (2)points (2)police (46)
political (1)pong (23)pongs (1)pong's (1)position (3)positive (1)possession (1)possibility (2)possible (1)possibly (1)Post (6)posted (2)posting (1)potential (2)potentially (1)precluded (1)preliminary (2)preparation (2)prepare (1)prepared (1)Present (1)pretty (13)prevent (2)pride (1)print (1)printed (2)Printout (4)prior (10)private (4)privately (1)probably (17)problem (2)problems (9)procedures (3)proceedings (2)process (2)produce (2)profession (1)professional (3)profile (1)progress (3)progressing (1)progressively (1)projects (1)promo (1)properly (1)property (1)proposed (2)protect (1)protected (1)
protecting (1)Protective (7)proven (1)provided (5)pry (2)psychology (1)public (2)pulled (2)pumping (1)purely (1)purpose (2)purposes (1)pursuant (1)pushed (2)put (34)putting (5)puzzle (1)Pyatt (1)
< Q >qualms (1)question (48)questioned (1)questions (22)quick (5)quickly (1)quiet (1)quietly (1)Quinta (1)Quintanilla (16)Quintanilla's (2)quite (2)quote (2)
< R >radio (1)Rainey (2)raised (2)ran (2)random (3)range (1)reaching (1)react (1)reaction (1)reactivate (1)read (23)read, (1)reading (2)ready (10)re-air (1)
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real (3)realized (1)really (30)re-ask (1)reason (7)reasonably (1)reasons (1)Rebecca (8)Rebecca's (1)recall (65)recalled (1)receiving (2)Recess (5)recessed (1)recollection (16)record (20)recorded (2)records (2)record's (1)red (2)referred (1)refrigerator (1)regard (9)regarding (10)regular (3)regularly (1)RELATED (5)relation (4)relationship (5)relationships (1)relative (2)relaxer (1)relaxers (2)relaxing (1)released (1)remember (120)remembering (1)remembers (1)reminders (1)reopen (2)repeat (7)Rephrase (1)report (4)Reported (2)reporter (10)REPORTER'S (1)Reporting (4)reports (5)represent (6)represented (2)
representing (2)represents (1)reputation (1)request (3)requested (1)resolved (1)resources (1)respected (1)responded (1)response (3)responsibilities (1)responsibility (1)responsible (2)responsive (1)rest (5)résumé (2)retirement (1)return (3)review (3)reviewed (6)reviewing (1)Rick (7)rid (4)ride (4)rides (1)ridiculous (3)riding (4)right (200)road (2)robbery (1)ROBBINS (30)Robert (1)Roberto (1)Roca (1)rocket (1)rocky (1)rode (3)rolled (1)rolls (2)rookie (1)room (12)Rose (1)Rothgerber (1)rough (1)round (1)RPR (2)Ruelas (2)Ruelas-Robbins (2)ruined (1)rumor (1)
rumors (9)rumors, (1)run (6)run-in (1)running (5)
< S >safe (2)safety (1)sat (9)saw (27)saying (31)says (18)scared (1)scarring (1)schedule (2)scheduled (1)School (39)schools (1)scientist (1)screw (1)scumbag (1)search (1)second (13)seconds (3)section (4)security (1)see (52)seeing (10)seen (11)selling (1)seminar (1)sense (6)sentence (3)sentenced (2)sentences (1)sentencing (5)separate (2)separated (3)September (7)Sergeant (18)sergeants (1)series (1)serious (5)seriously (1)server (1)service (2)Services (1)Serving (4)SESSION (2)
set (5)setting (2)settle (1)settled (1)sexuality (1)shaking (4)sharing (2)Shawn (3)shift (2)shirt (1)shit (1)shocker (1)shoots (1)shoplifters (1)shoptalk (2)short (6)shorthand (1)shortly (3)short-term (5)shot (1)shoulder (1)show (7)showed (6)shown (1)shunned (2)shut (10)sic (4)sick (23)sickness (2)side (2)sides (1)signature (1)signed (2)significantly (1)Silvestri (1)similar (1)simple (2)single (3)sir (48)sit (6)site (1)sitting (19)situation (4)situations (3)situation's (1)six (3)six-month (1)sleep (4)small (4)smarter (1)
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smartest (1)smashed (1)smell (2)Smith's (1)smoke (1)Snibbor (1)social (4)socializing (1)socially (1)soda (2)Solo (3)somebody (22)sorry (63)sound (3)Sounds (4)South (3)spare (1)speak (9)Specialist (2)specific (8)specifically (2)spectrum (1)speculation (6)speeding (5)spelled (1)spend (5)spent (7)spit (2)split (5)splitting (1)spoke (6)spoken (1)spot (2)spots (1)spread (1)ss (1)St (1)staff (1)stamp (1)stance (1)stand (5)standard (1)standards (1)standing (6)start (11)started (35)starting (6)starts (5)state (6)statement (2)
STATES (2)station (3)status (2)statute (2)statute, (1)statutes (3)stay (8)stayed (4)stays (1)stellar (4)stemmed (2)step (3)step-in (1)stepping-stone (1)steroids (1)stick (1)Stipulation (1)stomach (4)stop (9)stopped (11)stopping (2)store (4)stories (4)story (25)straddling (1)straight (3)streaming (2)Street (8)strike (6)Strossin (1)stubborn (1)stuck (1)students (1)Studies (1)study (2)stuff (30)stupid (3)Stuuupid (2)style (1)subpoena (2)subsection (1)subsequent (3)substance (1)suffering (1)suggest (1)suitable (1)Suite (3)summer (4)summons (1)Sunday (2)
Sundays (1)sunglasses (1)superior (5)superiors (1)supervisor (1)supervisors (1)supposably (1)suppose (1)supposed (7)sure (39)surgery (2)surprise (2)surprised (2)suspended (1)swelling (1)swinging (1)swirling (2)sworn (4)
< T >table (18)tables (6)tailbone (2)tailgate (2)Take (38)Taken (15)takes (2)tale (1)tales (3)talk (32)talkative (1)talked (30)talking (39)talks (1)tangent (1)tape (6)tapping (1)taught (2)teammate (2)teenager (3)teenagers (6)telephone (5)telephonic (1)tell (34)telling (12)tells (1)ten (2)tend (4)tends (1)tense (1)
terminated (9)termination (6)terms (2)test (3)testified (10)testify (1)testimonies (1)testimony (20)testing (3)text (1)Thank (7)thanks (1)theory (1)thing (25)things (31)think (76)thinking (2)thinks (1)third (3)Thomas (7)Thomas's (1)thou (1)thought (28)thousand (1)three (34)throw (2)throwed (1)throwing (2)thumbs (1)till (10)Tim (1)time (119)times (19)timing (1)Tina (11)Tina's (6)Tobel (2)today (15)told (48)top (18)topic (4)topics (1)toss (1)total (2)touch (1)towed (1)towel (2)town (1)track (1)traffic (2)
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tragedies (1)tragedy (8)train (1)trainer (1)training (3)transcribed (1)transcript (4)transcription (1)transcripts (1)Traurig (1)travels (2)treated (1)treats (1)tremor (1)triangles (1)tricky (1)tried (6)trip (2)Troche (3)T-r-o-c-h-e (1)trouble (12)truck (4)true (12)trust (2)truth (7)truthful (1)try (6)trying (30)turn (2)turned (7)turns (1)TV (1)twice (1)two (52)type (3)types (1)typewriting (1)typewritten (1)Typically (1)typing (1)
< U >Uh-huh (5)Uh-uh (1)ulcer (1)ULREY (2)ultimate (1)unattended (1)unaware (1)uncomfortable (1)
uncontrollable (1)underage (4)undercover (1)understand (20)understanding (6)understands (1)understood (1)unhappy (1)UNITED (2)University (1)unjust (1)UNLV (5)untrue (1)upper (2)upset (1)upsetting (1)use (3)useless (1)usual (1)Usually (3)
< V >vacation (4)Vagos (1)vague (1)Vegas (8)verbally (2)verify (1)versed (1)version (8)versions (1)vertigo (2)Video (3)VIDEOGRAPHER (17)videos (1)Videotape (3)videotaped (1)Vince (2)Vincent (1)vindictive (1)violence (1)violent (1)voice (1)vomiting (2)Von (2)vs (1)
< W >wait (6)
waited (1)waiting (1)walk (5)walked (14)walking (6)wall (2)Wamsley (24)Wamsleys (1)Wamsley's (4)want (82)wanted (11)wanting (2)wants (8)Ward (1)warmed (1)warned (2)warrants (4)watch (10)watched (6)watching (5)water (5)waters (2)way (17)ways (1)weapon (2)wear (1)wearing (1)Web (1)wedding (2)Wednesday (1)weed (1)weeded (1)Week (34)week, (2)weeks (13)well (46)went (35)wenting (1)We're (27)We've (7)whacky (1)when's (2)Where'd (4)WHEREOF (1)Whew (1)why'd (2)Why's (1)wife (42)wife's (6)wig (2)
wildfire (1)William (4)willing (1)wish (1)WITNESS (101)witnesses (1)woke (1)woken (1)word (5)words (1)work (59)worked (10)working (13)workplace (1)works (2)worried (1)worse (1)Wow (2)wrapped (4)write (3)writing (1)written (3)wrong (17)wrote (2)
< Y >yeah (111)year (31)yearly (1)years (51)yelling (1)Yep (6)yes, (1)yesterday (3)York (3)Young (8)younger (1)
< Z >Zack (1)Zeddies (1)Zuniga (5)Zuniga's (1)