Case: State of Missouri v. Darren Wilson Transcript of: Grand Jury Volume VII Date: September 25, 2014 This transcript is printed on 100% recycled paper Gor: Rea 515 Olive Street, Suite 300 St. Louis, MO 63101 (314) 241-6750 1-800-878-6750 Fax: (314) 241-5070 Email: schedule@goreperry.com Internet: < >State of Missouri v. Darren Wilson Grand Jury Volume VII September 25, 2014 Page 1 DARREN WILSON GRAND JURY SEPTEMBER VOLUME VII Gore Perry Reporting and Video FAX 314-241-6750 314-241-6750 www.goreperry.com Electronically slaned by didb2Sa0-0308-4208-0.000-70080017G4T!Electronically slaned by State of Missouri v. Darren Wilson Grand Jury Volume VII September 25, 2014 1 SUIT COURT OF LOUIS COUNTY 2 STATE OF MISSOURI 3 4 STATE OF MISSOURI é 7 vs. 8 9 DARREN WILSON 10 1 12 The following is a hearing before the Grand 13 Jury of St. Louis County, at the offices of st. 14 Louis County Prosecuting Attorney's Office, 100 5 South Central Avenue, in the City of Clayton, State 16 of Missouri, on the eptember, 2014, 17 before 18 19 20 21 22 23 24 Gore Perry Reporting and Video FAX 314-241-6750 314-241-6750 www.goreperry.com $dd825a0-a388-42a0-9499-70059917d47!State of Mi: souri v. Darren Wilson Grand Jury Volume VII September 25, 2014 3 1 APPEARANCES OF COUNS 2 3. FOR THE STATE: 4 Ms. Kathi Alizadeh & Ms. Sheila Whirley 5 t Prosecuting Attorneys for ouis é 7 100 South Central Avenue, 2nd Floor 8 Clayton, MO 63105 9 (314) 615-2600 10 1 12 13 14 16 7 18 19 20 21 22 23 24 Gore Perry Reporting and Video FAX 314-241-6750 314-241-6750 www.goreperry.com Electronically slaned by didb2Sa0-0308-4208-0.000-70080017G4T!State of Missouri v. Darren Wilson Grand Jury Volume VII September 25, 2014 Page 5 GRAND JURY HEARING VOLUME VII MS. WHIRLEY: Good morning. (Everybody says good morning.) MS. WHIRLEY: I'm Sheila Whirley. of course, Kathi Alizadeh is here, 12 grand jurors is here, and the court reporter. Today is September the 25th, Thursday. And I don't have the total ew Ao es wn program memorized for this morning or for today. I 9 can tell you our first witness is 5 10 » we heard his taped 11 statements last time we were here, recorded 12 statements with the police, with the FBI agent, and 13 also made several appearances on the media for CNN, 14 and I think various TV channels. You guys remember 15 that, he is going to testify live here this morning. 16 And then, Kathi, could you tell us what 17 else is on the agenda today? 18 MS. ALIZADEH: I don't know. No, 19 actually, we have a witness scheduled for 10:30. He 20 called me bright and early this morning to cancel, 21 so we're going to probably play you, I don't think 22 Witness Number 10, remember the guy that was 23 He has a recorded statement 24 I don't think I played. 25 MS. WHIRLEY: Only played part of it. We Gore Perry Reporting and Video FAX 314-241-6750 314-241-6750 Www.goreperry.com Electronically slaned by didb2Sa0-0308-4208-0.000-70080017G4T!State of Missouri v. Darren Wilson Grand Jury Volume VII September 25, 2014 Page 6 had about ten minutes left. MS. ALIZADEH: We can play the end of that to finish that and then we also have, you all heard from last time and she has media interviews that take, I think, about 33 minutes total for all of her media interviews. And then she also has some recorded statements that we can play ew Ao es wn and hopefully, that will fill out the morning. 9 And then in the afternoon we have a 10 witness scheduled to be here at 12:30. I will check 11 and make sure he hasn't called to cancel during a 12 break or whatever, hopefully then we will have 13 another witness here in the afternoon. He also has 14 a taped statement. I can't remember if it is 30 15 minutes or an hour, it doesn't exceed an hour. 16 So if he, you know, shows up, we can play 17 his statement and then have him testify, and I think 18 we are trying to recess 2:30. 19 Be 20 MS. ALIZADEH: At the lunch break, if we 21 need to figure out how to fill our time, we'll do 22 that. 23 Also, if you recall, Witness Number 10 had 24 talked about the fact that he is, 25 at the scene the Gore Perry Reporting and Video FAX 314-241-6750 314-241-6750 Www.goreperry.com Electronically slaned by didb2Sa0-0308-4208-0.000-70080017G4T!State of Missouri v. Darren Wilson Grand Jury Volume VII September 25, 2014 Page 7 aftermath, I do have that clip and we will play it for you. It is only a couple minutes and, you know, just so you know, It is not a very long clip, so if you all, if we go through it, we can ew Ao es wn play it again. So we can go back and try to listen, 9 because the person who is doing the recording 10 occasionally speaks and, of course, their voice will 11 kind of talk over the people that are in the 12 background. 13 So it might be, if you request it, it 14 might be you want to hear that a couple of times 15 just so you can try to pick up what's being said. 16 All right. 17 MS. WHIRLEY: All right. I'll go get the 18 first witness. 19 MS. ALIZADEH: Let's talk about the 20 question that they had. 21 MS. WHIRLEY: Okay. 22 MS. ALIZADEH: We were not on the record, 23 I think it was last week when one of you asked a 24 question about your deliberations and, of course, 25 you've been sitting as a grand jury for several Gore Perry Reporting and Video FAX 314-241-6750 314-241-6750 Www.goreperry.com Electronically slaned by didb2Sa0-0308-4208-0.000-70080017G4T!Electronically slaned by State of Missouri v. Darren Wilson Grand Jury Volume VII September 25, 2014 rage 8 | 1 months, so you know that it takes nine people to | 2 indict and the question was asked what if we have, = | 3 what if we can't, since we're giving you a variety = | 4 of different charges to consider, I think the | 5 question was, what if we don't have nine people that | 6 all agree on the same charge, what do we do then or | 7 what happens. | 8 And I wanted to make sure that I put that | 9 in there in the record that that was a question that | 10 was asked and we have had discussions about that and | 11 what I will tell you is we're researching this | 12 because we want to make sure before we tell you, you | 13 know, we want to make sure we're correct on the law, | 14 but I assure you that we will have an answer for you | 15 well before you begin your deliberations about what, | 16 in the event that that would happen, what happens | 17 then. All right. | 18 Are there any other questions that anybody | 19 had thought of? Okay, all right. | 20 , | 21 of lawful age, having been first duly sworn to | 22 testify the truth, the whole truth, and | 23 nothing but the truth in the case aforesaid, | 24 deposes and says in reply to oral | 25 interrogatories, propounded as follows, to-wit: | Gore Perry Reporting and Video FAX 314-241-6750 314-241-6750 Www.goreperry.com $dd825a0-a388-42a0-9499-70059917d47!Electronically slaned by State of Mi: souri v. Darren Wilson Grand Jury Volume VII September 25, 2014 EXAMINATION WHIRLEY: Q Introduce yourself to the jurors, please. A My name is Q 9 All right. , where do you live? You don't have to give me your exact address, in what vicinity? A I live in Canfield. Q 0 you live Apartments? A Yes, I do. Q How long have you lived there? A Um, going on a year now. Q One year. So you lived there on August the 9th of 2014? A Q shot? A Uh, no, I think it was like on Q August 9th of 2014, correct A Yes. Q = What day was it? A Um, I think that was a Saturday. Q Okay, Saturday. Do you remember your Saturday that day? Gore Perry Reporting and Video FAX 314-241-6750 314-241-6750 www. goreperry.com $dd825a0-a388-42a0-9499-70059917d47!State of Missouri v. Darren Wilson Grand Jury Volume VII September 25, 2014 18 came over? 19 A Um, I steps outside with him for a couple Page 10 | 1 A Yes. All I did that morning, early that | 2 morning, my family and I went out for breakfast and | 3 we came back around nine something and we all took a | 4 nap. | 5 Q How many folks went to breakfast with you? | é A Uh, four altogether. My fiancee and my | 7 three kids. | 8 Q And then you all came back and took a nap? | 9 A Yes. | 10 @ And so what time did you wake up from the | 11 nap? | 12 A Um, I was actually woken up about 11:00, | ae Or | 14 Q Did something wake you up or you just woke | 15 up? | 16 A A friend of mine came over. | 17 Q Okay. And what happened when your friend | 20 of minutes, maybe no longer than five minutes. 21 Q Okay. Can you show us on the map? You 22 can use that pointer or that laser light thing. 23 Show us where you live. 24 MS. ALIZADEH: For the record, this is 25 Grand Jury Exhibit Number 25. Gore Perry Reporting and Video FAX 314-241-6750 314-241-6750 Www.goreperry.com Electronically slaned by didb2Sa0-0308-4208-0.000-70080017G4T!