3 INDEX

IJ-l THE CI?_CUIT CC,1JRT, JUDICII'.!... CIF_CiJIT, IN F')UP.TH Fd-!D FOP.

2 3
4

WITNESS

DUVAL
CASE

COUNTY,
NO.:

fLORIDA

1~-2010-CF-00S579

Exam Exam

ination ination

by by

Mr. Ms.

Kattm Luikart

an

4

5
STATE OF fLORIDA,

40

6
7
ALEX~!JDER,

Plaintiff,

MARISSA

DANIELLE

8 9

Defendant. 10
11 DEPOSITION 13

STATE OF fLORIDA COUNTY OF DUVP·.L OF

ZL

.,
F'Lc-c.r P.'??

10 11
12

EXHIBITS

13
PL.;CE:

1.

Diagram

40

14 Office
200 East
u s on v

0f
it

the
Bev
Le ,

State
s t r eet ,
r ie.r

Attorney
13th
e ,

14 15 16 11 18 19 20
21 22

15
16

.r
TIME: REPORTED

a

c

j

o

32202

3:42 p.m.
BY:

- 4:~9 p.m.
ne D. Card'..<ell,

c a roLi
Court

18

ReportEl

and

19

no t e r y public, State cof fl(,rida

21 22 23
24 (904)

fIRST COAST COURT REPORTERS 2442 ATLAIJTIC BOULEVARD JACKSONVILLE, fLORIDA 37207
3905-}050 FJI.:': 19041 3905-9768

23 24 25
FIRST COAST COURT REPORTERS 2 4 STIPULATION

APPEARANCES

2 3 4 CHRISTEN Office 200 5 13th LUIKART, of the East Floor Florida on behalf 32202 of the Plaintiff. Bay State Street Esquire Attorney

2 3 4 5 6
7 8 appearing having exam between the

It

was

stipulated for the the

and

agreed

by and parties, signing and of the

counsel that by the

respective and

witness,

reading were

deposition

witness

waived.

Jacksonville, 6 7 8 9 JOHN F. KATTMAN,
&

been

first

duly

sworn

as

a witness,

was

9 10

ined

and

testified

as follows:

EXAMINATION BY MR. Q K A TT ~,,\ N : Please state

Esquire

11 15:42 12

Kattman 4069

Pinaud Boulevard Florida on behalf 32207 of the Defendant.

AtlantiC

10 11 12 13 14 15 16
17

Jacksonville, appearing

15:42 13 15:42 14 15:42 15 15:42 16 15:42 17

A
Q address?

..,.

your

nam e.

what

is

your

current

residence

A

My

current

residence

address

is 18.

Also

Present:
Anissa Becherair, Victim Advocate-

1542

18

Q A Q

And Yes.

are

you

currently

employed?

15:42 19 15:42 20 15:42 21 15:42 22 15:43 23 15:43 24 1543 25
but

18 19 20 21
22

W here

are

you

em played?

A
Q A I left How long have you been employed since about there? 2006, tw 0

I been there tw
0

there, for years like

I been

there

23 24 25
FIRST COAST COURT REPORTERS 1 of 23 sheets

a month,

months,

ago.

FIRST COAST COURT REPORTERS Page 1 to 4 of 66 12/25/201012:12:15 f'M

_._----------.,-----------------------------,
5
15:43 15:43 15:43 15:43 3 10:43 15:43 15:43 15:43

7

1 2 3 4 5
6

Q Okay.
A But I -- when gas got real, real high.

15:45 15:45 15:45 15:45 15:45 15:45 15:45 15:45
15:45

1 2 3 4

A

Correct. How long had you been living together up On and off, probably about a year and a

Q
A half.

Q Going back to your residence address,
does somebody live there with you? A Q Where I live now? Yes. Yes. My son

to August the i st of 2010?

5
6

Q When did you get married?

7 8
9

A
A

Q-':
No.

7
8 9

A

I don't know the exact date, but it

was -- we probably hadn't been married but about two or three months. I know we got married on the 14th. I'm thinking it was May the 14th. Sorry about that. I have to think about it.

15:43 10 15:43 11 15:43 12 15:43

Q Anybody else live there with you?

15:45 10 15:45 11 15:45 12 15:46

A
Q
A Q A

How many children do you f-t"iove? Five. And you have another son by the name of Yes. Where does he live? With his mother. And so his mother has custody of him? Yes. And you have custody of Yes. I'm going to ask you some questions During the course of my 6

Q
married? A

50 you lived together before you got Yeah, yeah. Prior to the incident on August 1 of

13 15 16

13

15:43 14 15:43 15:43

15:46 14 15:46 15 15:46

Q

16

this year, were there ever any prior incidents of domestic violence? A Yes. How many times were there incidents of Probably about four or five. Do you recall the first incident of Yeah, the first incident, it was before It was at my apartment 8 FIRST COAST COURT REPORTERS

15:43 17 15:43 18 15:43 15:43

Q
A Q A Q

15:46 17 15:46 18 15:46 19 15:46

19 20

Q A Q
A

20 22 23

domestic violence?

15:43 21 15:43 22 15:43

15:46 21 15:46 15:46

A
Q

23

domestic violence? even we lived together.

15:43 24 15:43 25

about a criminal case that's pending involving Marissa Alexander. FIRST COAST COURT REPORTERS

15:46 24 15:46 25

.~.43 15:43 15:44 15:44 15:44 15:44 15:44 15:44 15:44

1 2 3 4 5
6 7 8 9

questioning if you don't understand a question or you want me to stop and rephrase or repeat the question so you have a clear understanding before answering, would you ask me to do one of those things? A Yes, sir, I will. How long have you known Marissa
A little over two years I believe.

15:46 15:46 15:47 15:47 15:47 15:47 15:47 15:47 15:47

1
2 3 4

and my daughter's mother came over there uninvited. She didn't call. She just popped up and I didn't answer the door and that started an argument and, you know, it was some pushing and shoving. M5. LUIKART: I'm just a little confused. Just so I understand, are you talking about between you and Marissa or you and your ex-wife? THE WITNESS: Me and Marissa. And that was the first time. BY MR. KATTMAN:

5
6

Q
A Q

7
8 9

Alexander? And how did you first meet her? Through a friend. He had actually gave

15:44 10 15:44

15:47 10 15:47 11 15:47 12 15:47 13 15:47 14 15:47

11

A

15:44 12 15:44 13 15:44 14 15:44 15 15:44 1544

me her number and it was like, almost like a blind date type of thing.

Q There was pushing and shoving? A
Yeah. She was like yelling and, you know, and what I had learned and come to grips with, people can say what they want to say, but when they go to yelling and cursing, you know, I get mad. I always been like that. Q A When you say you got mad on that first I pushed her, and I pretty much pushed incident what did you do? her on the bed and then I forced her out of my house. You know, I pretty much picked her up and throwed her out.

Q And you subsequently dated her?

A
Q

Yes. And you subsequently married her; is Yes. Were you living together when this Yes, we were. Yes. And you were married at that time; is FIRST COAST COURT REPORTERS

15

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17

15:47 16 15:47 17 15:47 18 15:47 19 15:47

that correct?

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A
Q

20

incident occurred?

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15:45 21

A
A Q

15:47 21 15:47

- 22
,~ ... 5

Q And that was on August 1st of 2010?

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15:4723

15:45 24 15:45 25

15:48 15:48

that correct?
12: 12: 15 PM

Q

Literally picked her up? FIRST COAST COURT REPORTERS
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15:48 15:48 15:48 15:48 8 ,,,:48 15:48 15:48 15:48

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A

a

Literally, yeah. Do you recall the second incident of The second time was when her husband At the time when I first met her she pretty much the same thing

15:50 15:50 15:50 15:50 15:50 15:51 15:51 15:51 15:51

1 2
3

a
A

11 One or two? Yeah. Yeah. Do you recall the names of those women? Was there another woman? What happened on the occasion lIVe lived together. We wasn't married.

3
4

domestic violence between you and Ms. Alexander? A showed up at my front door, because she was still married. was still married but they was separated, you know, .~sically out, you know, happened, the same thing happened. She got put

a
a

5 6 7
8

4 5
6 7

A
A
with! A

a

8
9

9

15:48 10 15:48 11 15:48 12 15:48 13 15:48 14 15:48 15 15:48 16 15:48 17 15:48 18 15:48 19 15:49 20 15:49 21 15:49 22 15:49 23 15:49 24 15:49 25

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I was packing my stuff up, packing my stuff up and, honestly, she just wouldn't shut up. She wouldn't shut up.

a
A

What do you mean she got put out? I mean I put her out. How did you put her out? She was trying to stay, wanting to talk

a

a

And what did you do? Hit her in the mouth. And r, what happened on that

A

A

to me, and I just -- I made up in my mind I was done with her, but evidently I wasn't done with her, but I picked her up. She a little person.

a
A A A

occasion?

a

I'm sorry? She's a little person so it doesn't take

a

She got hit in the mouth, same thing. What, she wouldn't shut up? Yeah. So you hit her in the mouth? Yeah. How many times did you hit her in the Both of them, one time. On August the 1st, that was what day of FIRST COAST COURT REPORTERS

A

much for me to pick her up and tote her out my front door and lock my door.

a

a

When you took her out the front door Just put her out the front door, like FIRST COAST COURT REPORTERS 10

a

what did you do with her?

mouth! A

A

pushed her out, and then she was trying to come

a

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15:52 15:52 15:52 15:52 15:52 15:52 15:52 15:52 15:52

. _.49 15:49 15:49 15:49 15:49 15:49 15:49 15:49 15:49

1 2 3 4 5 6 7 8
9

back in and I pushed her back, and once I got my door locked that was it, you know. And the third incident we was staying together and I pushed her back and she fell in the bathtub and hit her head and I -- you know, by the time I ran downstairs and got in my car to leave, you know, that's the time I went to jail, the police picked me up down the street.

1 the week, do you recall? 2 3 4 5 6 7 8
9 her? A

a

Sunday. It was on a Sunday. And what was the first contact you had When I came home probably about nine or

with Ms. Alexander on that day?

A

ten o'clock that morning because I didn't even go home the night before.

a

a

When you say home, you were living

with

Was she taken to the hospital, do you I heard later that she was taken to the But you don't know anything about any No. When was the next time of domestic between the two of you? August the 1st. Okay. Have you ever been arrested for

15:49 10 15:49

know!

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A

11

A

a

Yeah. We was living together, yes. Who else was living there with you and

15:49 12 15:49 13 15:50 14 15:50 15 15:50 16 15:50 17 1550

hospital.

a a

her at that time? A A

injuries that she had?

a

Her two kids and my one son. What son was that? My son? Yes. r ", okay. You said you hadn't come

A
violence

a a

A

18

A

15:50 19 1550 15:50

a

home. It was nine or ten in the morning?

20 21
) 22

domestic violence against any other woman other than Ms. Alexander? A Yes. How many times? I want to say, I think it was one, but FIRST COAST COURT REPORTERS

A A

a

Yeah, nine or ten that morning, yeah. Where had you been before then? I went to my friend's house and I stayed

,_.,,0 23 15:50 24 15:50 25

a

over there until late and then I went and slept in my truck. I got a tractor-trailer with two beds so I didn't go home. FIRST COAST COURT REPORTERS
12/28/2010 12: 12: 15 PM

A

24

it may have been two.

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15:53 15:53 15:53 15:53 :3

15
15:55

1
2

Q
home?

Was there a reason why you didn't go

1 3 4 5 6 7 8

Q

How long had you been sitting there? Probably about five minutes.

15:55 2 I didn't feel like it, you know. I 15:55 15:55 money, 15:55 15:55 15:55 15:55 15:55

A
Q

3 4 5 7 9 10 11 12

A

And had you talked during that

was -- we had been, had words What did we have words bills, and I just didn't about?

the day before. Over money,

five-minute period of time about anything other than her visit to the hospital and taking pictures and feeding the baby? Were there any discussions about any other topic other than your child during that time?

1:;:53 6 15:53

go home.

Q

When you got home that morning, you said

15:53 8 15:53 15:53 15:53 15:53 15:53

between around nine or ten in the morning, who was with you? A -- I call him .~. , because but his name is over ,house

9 15:55 10
15:56 11 15:56 12 15:56 13 15:56 14 15:56 15 15:56 16 15:56 17 15:56 18 15:56 19 15:56 20 15:56 21 15:56 22 15:56 23 15:56 24 15:56 25

A Q
A

No. So she showed you the pictures? Uh-huh. And what happened next? She said I got to use the restroom and

He went spent the night that night, wanted so when I went

Q

15:54

13 14 15:54 15
15:54 15:54

to pick him up !

A

to come too, so he came too. What did you do when you first got home

so she got up to use the restroom her phone, flipping she had took quite through

and I still had because

Q

the pictures

16 17 18 19

that morning?

a bit of them.

And when she

A
just

When I first

got home that morning,

you I

went in the restroom--

15:54 15:54

know, we didn't

say too much to each other. ever happened,

Q A Q

When you say the restroom, where was

act like ain't nothing

like I

this restroom located? It's in our room. It's in our room.

15:54 20 15:54 21 15:54 22 15:54 23 15:54 24 15:54 25

stayed there the night went and took a shower talking

before,

you know, and I I ate and we

and I believe

Okay. And when she started, when she went in

really wasn't

that

much because I know come home, you know,

A
looking

she was mad because I didn't so I didn't

to use the restroom,

for some reason I stopped and started looking at

say too much to her.

at the pictures her text

Q

Did she say anything to you?

her texts,

messages.

~-------------------------------------------------------~--------------------------------------------------------4 14 16
,..1:54 15:54 15:54 15:54 15:54 15:54 15:54 15:54 15:55 15:55 15:55 15:55 15:55 15:55 15:55 15:55 15:55 15:55 15:55 15:55 15:55

FIRST COAST COURT REPORTERS
She was telling me about the

FIRST COAST COURT REPORTERS

1 2 3 4 5 6 7
8 9
night

A

Yeah.

15:56 15:56 15:56 15:56 15:56 15:57 15:57

1 2 3 4 5 6 7 8

Q A
telling

And what happened next? I seen where sending she was texting him pictures her

before when she, Saturday,

when she went she had me all

out there to the hospital

and she bathed,

ex-husband

of our baby,

gave the baby a bath, and she was telling that stuff.

him that -- because he was in Orlando her

with their two kids, saying that she wished

Q
A

Now, if I understand correctly, that was

and'
something

were there with like I miss you.

him and I believe

your child, correct? Yes, that's our child.

Once I got -- once I which is probably

15:57

read like three text more -- it wasn't text messages. immediately bathroom door open.

messages,

Q
A

Your child with her) Yes. So she was telling you about having been

15:57 9 15:57 10 15:57 11 15:57 12 15:57 13 15:57 14 1557

no need for me to see no other It was it. So I immediately, I

10 11 12 13 14 15 16 17 18 19 20 21
22

Q

jumped

off the bed.

She had the

to the hospital the night before and --

door closed so I pushed the bathroom

A
Q
A

Yeah.

--

what did she tell you about that?

Q

When you say you pushed it open, did you

She said she had gave the baby a bath and, you know, and of the

15

just turn the knob and push it open? What did you do to get the door open? A No, I pushed it in. The way the toilet much

and I should have been there

15:57 16 15:57 17 15:57 18 15:57 19 15:57 20 15:57 21 1557 22

then she said she took a bunch of pictures baby. And I said, well, let me see -- I don't

is in that bedroom, almost

the door, you pretty

know if I asked to see the pictures she end up showing me the pictures

or not but so she grabbed on the

got to move your leg to get the door open So I pushed the bathroom door open

I believe.

the phone and showed phone.

me the pictures

and it kind of like, I couldn't way because she was sitting know.

open it all the on the toilet, you I can

s
15:55

,..1:5523

Q A

And where were you when she showed you

15:57 23 15:58 24

So I got it open far enough

to where

24

these pictures? We were sitting on the bed in our room.

get half my body in there phone and I said what

and I gave her the

15:55 25

15:58 25 Page 13 to 16 of 66

the fuck is this, you know,

FIRST COAST COURT REPORTERS
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FIRST COAST COURT REPORTERS
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1 you know, cursing, because I was mad, you know. 2 I said what the fuck is this, and, you know, I 3 4 5
6 told her that, you know, if I can't have you, nobody going to have you, you thinking you going to go back to him, and I told her stuff like that. Called her --

1 2 3 4 5 6
7 8

than what you've said?

A

Just telling her if you -- if she want I was mad, you know, and like I

to, to go ahead.

said, I called her a whore and bitch and you ain't shit and, like I told you, I told her, you know, I used to always tell her that, if I can't have you, nobody going to have you. It was not the first time of ever saying it to her. Q
Did you ever tell her something like you knew people that would do your dirt for him and he would --

7 8
9 shit.

Q

Like -- I'm sorry?

A
Q

Called her a bitch, you know.
When you said -- I'm sorry. To

She ain't

16:00 16:00

9

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16:01 10 like 16:01 11 16:01 12 16:01 13 16:01 14 16:01 15 16:01 16 16:01 17 16:01 18 16:01 19 16:01 20 16:01 21 16:01 22 16:01 23 16:01 24 16:01 25

paraphrase

what you said, you said something

if you can't have her nobody will have her? did you say exactly?

What

A

Yeah.
He would never even have to touch her?

Q
A

A

That's what I told her. I told her if I
What did you mean by that? Did you tell

Yeah.
You did?

can't have her, ain't nobody going to have her.

Q A

Q A

I ain't going to lie. I been in the

her what you meant by that?

streets before I start driving trucks a long time, you know, so I know a lot of people and she know I know a lot of people.

I didn't tell her what I meant by that.

I was in a rage. I was in a rage, so I was saying a lot of things. Q
Were you yelling?

Q

And correct me if I'm wrong, but the like that was to let

purpose of saying something her know that --

A
Q

Yeah.
How loud were you yelling?

A
Q

I could--- if she didn't do what you wanted her FIRST COAST COURT REPORTERS

A

I was yelling.

I know both of the kids

heard it. I was yelling. FIRST COAST COURT REPORTERS 18

to do that you could have her hurt or something

20
16:01 16:01

.v.59 15:59 15:59 15:59 15:59 15:59 15:59 15:59 15:59

1 2 3 4 5 6 7 8
9

Q
time?

What else did you say to her at that

1 2 3 4 5
6

worse than that;

is that correct?

A
Q
A '< Q

That's correct.
So I'm sorry. Did you say she did open door finally?

A

She got the bathroom door closed and she

16:01 16:01 16:01 16:01 16:01 16:01 16:01 1601

locked it, so I were beating on it. So I pretty much was waiting on her to come out the bathroom. I yelled for the kids to put their clothes and shoes on for we for to go, but I was still there waiting for her to come out of the bathroom.

the bathroom

Yeah.
W'hat happened next?

7 8
9 10

A

I met her like where the sink was, and

she wanted to get by me and I wouldn't let her by and I was backing up slow but I was using my body to pretty much contain her in that one area where

Q

After she locked the bathroom,

did you

15:59 10 15:59 11 15:59 12 15:59 13 15:59 14 16:00 15 16:00 16 16:00

then again try to get in the bathroom?

A

Once she locked the bathroom, I was beating on it.

16:01 11 16:01 12 16:02 13 16:02 14 16:02 15 16:02 16 16:02 17 1602

1 want
Q

her to be at.
Did you ever push her into the bathroom

beating on it telling her to open up the door but she never did open it so I stopped I just like stayed in the room waiting for her to come out the bathroom, and once I heard the bathroom door open, you know -Q
So you didn't actually break the door open, or did you?

door hard enough to crack the door?

A
Q

Probably.
Okay. MS. LUIKART: You're going to need to

17

clarify because you told me before we came in here that you didn't push her. you remember doing? Okay. This is what I'm What do

16:00 18 16:00 19 16:00 20 16:00 21

18

A

I don't recall breaking the door open

16:0219 16:0220
16:02 21 16:02 22

but I know I beat on it hard enough where it could have been broken open. Q
Okay.

THE WITNESS: saying. I didn't

-- can I stand up? Just verbally answer his

) 22
Iv.VO

MS. LUIKART: question. THE WITNESS:

23

A
Q

Probably has some dents. I was --

I don't

16:02 23 1602 1602

16:00 24 16:00 25

remember.

24 25

I didn't push her with my

What-ail

were you saying to her other

hands, but by her being so small, I used my

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1 2 3 4 5 6 7
8

body like to keep her in the area.

So I

1
2

Q A Q A

In their doorway? Of their room. Could they see into the living room? Uh-huh. MS. LUIKART: Was that a yes? She just

probably pushed her back with my body but I didn't use my hands. BY MR. KATTMAN:

3 4 5
6

Q
bathroom A

Did you push her hard enough with your cracked, the

body that the door might have gotten door? Yeah.

can't -THE WITNESS: BY MR. KATTMAN: Okay. Yes.

7 8 9
Q

9

Q
neck?

Did you ever put your hands around her

" let me show you a diagram and
this to be your house. it. That's our house. just Yeah, that's

16:02 10 16:02 11 16:02

16:05 10 Not that particular day, no. 16:05 11 16:05

ask if you recognize

A
Q

A
Q

12

What else happened in the bathroom? She was trying to get by and I was She

12

So earlier when you were testifying ago about the bathroom,

16:03 13 16:03 14 16:03 15 16:03 16 16:03 17 16:03 18 16:03 19 16:03 16:03 16:03 16:03 16:03 16:03

A

16:05 13 16:05 14 16:05 15 16:05

a few moments

that's in

sitting there trying to make her talk to me. didn't want to talk about it, you know.

the upper left-hand

corner as I'm looking at it Is that where

The more

where it's got the word "M.Bath." you were? A Yeah. Then the commode

she didn't want to talk about it, the more I was not letting her by. She kept hitting me and I kept backing up.

16

16:05 17 16:05 18 16:05 19 16:05 16:05 16:05 16:05 16:06

Q

or toilet area that you

Q
A

She kept hitting you? Yeah, because she want me to move out let her by.

were describing that area there; A

where Marissa was at, that's in is that correct?

20 21 22 23 24 25

20 21 22 23 24

the way to let her by and I wouldn't

That's correct. And then you said that you were out in You backed up, is that what you

So, you know, I kept backing up. When we got towards where the door, because the door was open in our room, where the kids could see me, that's when I threw my hands up in the air, because I

Q

the living room?

said, out into the living room area?

16:0625

A

We backed up --

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.v.u3 16:03 16:03 16:03 16:03 16:04 16:04 16:04 16:04

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16:06 16:06 16:06

1 2
3

knew my kids were watching

me.

Q
air?

Why did you throw your hands up in the

1 2 3 4 5
6 7

Q
A

Can you, on this diagram, of where you were.

give me a

description

We was right here in the living room

4 5 6 7
8

A

Because I didn't want my kids, you

16:06 16:06 16:06 16:06 16:06 16:06

about where it says "APPX."

know -- my kids seen a lot, you know, me arguing. I didn't want them to think it was all right for them to ever put their hand on a girl, but at the same time I was using my body as my hands.

Q
A

Then where were your boys at that time? Standing right there in the doorway, number four.

right there in the bedroom

8 9

Q

The doorway Standing

of bedroom number four?

9
voutre

Q
correct?

So we're still in the bathroom

and is that

A
Q
A

right there. corner, is

16:04 10 16:04 1604 16:04

blocking her leaving the bathroom;

16:06 10 16:06 11

But they could see aroundthe

11 12 13

that what you're saying, into the living room? They were standing -- they was like in their

A
Q

Yeah. What happened after that? We backing up, backing up. Like I said,

16:06 12 16:06 13 16:06 14 16:06 15 16:06 16 16:06 17 16:06 18 16:06 19 16:06

standing out, you know. bedroom, door.

They wasn't

16:04 14 16:04 15 16:04

A

they were standing

right there by the

once we got to the doorway,

because the door was my hands up and

16

open with my kids to see, I threw

Q

They could see into the living room? Yeah. And explain again what, or tell me what

16:04 17 16:04 18 16:04 19 16:04

we backed up into the living room and I was stopping off and getting around, I was telling her she ain't going nowhere, right here. she going to sit

A
Q

happened then after you and Ms. Alexander got to that point.

20

I'm pushing her with my body but not Then she finally -t . Where were your

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16:04 21 I 22 ,v.u4 1604

with my hands.

16:06 21 16:06 16:06 1606 16:07

A

You know, she -- it's like, because we so it's not like a wide open space,

Q

Excuse me,

had furniture

23 24

sons? Where were'

so she was, you know, trying to get by, you know, and I was telling her she not going nowhere, wasn't going nowhere. she

A
doorway.

At that time they were standing in their

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25
16:07 16:07 16:07 16:07 '7 10:07 16:07 16:07 16:07

27
16:08 16:08 16:08 16:08 16:08 1 2 3 4 5 6 7 8 9 going the way that she was going, you know. And --

1
2 3 4 5 6 7 8 9

Q A

Did she tell you where she wanted to go? No. She was just telling me to leave.

She was telling

me to leave, I need to go. Just And she finally got by me. She

Q A
and we--

So where did you go? Through the living room to the kitchen

leave, you know. ran through

the kitchen. on

Q

Now, the kitchen is marked "Kitchen" is that correct?

16:08 16:08 16:09

Q
correct?

So you went into the kitchen over where are written A and B; is that

this diagram;

those letters

A Q

Yes, sir. How did she get to the kitchen? Did she

16:09

A Q
A

Yeah. That doorway there between the A and the

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go -- there are two areas on here marked kitchen, upper right hand --

16:09 10 16:09 11

B on this diagram? Yeah. And you went into the kitchen. How far

A
through

She went to the dining the kitchen

room and went the laundry

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and went through

Q
A

room and I came through

the living room --

did you go into the kitchen? Probably Okay. And she came back through And she said, the doors and you need to where the Bat.

Q
right-hand

So the dining room is in the upper corner? Yes. Where the word "Kitchen" Yeah. And then further down on the diagram is written?

Q
A

A Q
A

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she had a gun. leave.

Q

Q
the gun?

When you say she had a gun, where was

there's another word "Kitchen."

A
Q
area7

That's where the stove and and --

A Q
A

In her hand. Which hand? The right. And where was the -- how was she

refrigerator

So she went into the dining room/kitchen

Q

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FIRST COAST COURT REPORTERS

FIRST COAST COURT REPORTERS
How was she directing the gun

A
Q
A

Yeah. Then down into the kitchen area where

16:09 16:09 16:09 16:09 16:09 16:09

1 2 3 4 5 6 7 8 9

carrying

the gun?

or pointing

the gun? in her hand. Her hand was

the stove is; is that correct? Yeah. And then where were you when she went

A
down.

It was just

Q
there?

Q
A

Her hand was what? Down. Was the gun pointed at the floor? Yeah, at that time that she was telling

A
through

I went the other way, and she ran the laundry room into the garage, but I know she was going to get a leave out the

16:09 16:09 16:09 .16:0910

Q A

knew she -- I didn't

me I need to leave, and I told her, you know, I told her I ain't leaving until you talk to me, I'm not going nowhere towards so -- and I started walking

16:08 10 1608 11

gun but I knew that she couldn't

garage because the garage door was locked, because when I came home that morning door wasn't problems working my garage

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her and she shot in the air, and then when I -- no, before that

because we was having

when she shot, that's shot happened

with the garage and it WOUldn't go up, go up. get out of the

-- let me back up.

you know, it wouldn't

When she had the gun I called my kids, after I told her I wasn't going anywhere, but I

Q
garage?

You knew she couldn't

16:10 16 16:10 17

called my kids just so they could see that, you know, that she got a gun, you know. You know,

A
garage.

I knew she couldn't

get out of the

1610 18 16:10 19

then she told me I need to leave and --

Q
through

So where did you go when she went the kitchen as you described it and into

16:10 20 16:10 21 16:10 22 1610 23 1610 24 16:10 25

Q
A

You called your kids.

What did you say

to your kids? y'all come stand by me.

the garage?

A
we fixing

When she got past me, I told the kids, I

Q
A
standing

Where did they go? They came out the room and Rico was somewhere like right up in here.

looked back at my kids, y'all got your shoes on, to leave, but I didn't leave. I was

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16:10 16:10 16:10 16:10 0 ,():10 16:10 16:10 16:10

1 2 3 4 5 6 7
8 9

a
living

29
When you say up in here, was he in the 16:12 16:12 16:12 16:12 16:12 16:12

31

room?

1 2
3

A A
or __

a

I unlocked the font door. We ran out.
Who is we? Me, Were they

A

Yeah, he was still in the living room I was probably like right here.
pointing where the A is in the You're

side and I

a

4 5
6

a

and _
in front of you, behind you

diagram?

A
A

A

Yeah, and I was like on the other side

in the kitchen.

a

You were room

in the kitchen .• the A is?

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the living

where

=.

16:12 16:12

7 8 9

a

They was in front of me.
Both of them?

was in

16:12

a

Yeah.
Okay.

16:12 10 16:12 11 16:12 12 16:12 13

A

And

,'ell over the little

A

He was in the living room but he was

walkway, so I stopped, immediately stopped to wait on him to get up, you know.

still kind of in the doorway where he could see into the kitchen.

a

a

What walkway

is that?

And;

was __

16:12 14 16:12 15

A

It's just a little, the door thing, you
On this diagram can you point to where

A
is?

a __ the in
Yeah.

He was-living room above where the A

know where the hinge, not the hinge but the --

16:12 16 16:12 17 it is?

a

A A A

a

16:12 18 he see in the kitchen? 16:13 19 16:13 20 16:13 21 16:13 22

A
foyer?

But could No. Okay.

a

Right where the line drawn across that.
From the door, from the outside into the

a

A A

a

He couldn't see in there.
So you called to the boys and then what

a

The casing.
Okay.

16:1323 16:1324
16:13 25

The bottom casing that's up off the
Like the door frame?

happened?

ground a little bit.

A

I start walking towards her, because she FIRST COAST COURT REPORTERS

a

FIRST COAST COURT REPORTERS

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32
16:13 16:13

1 2 3 4 5 6 7 8
9

was telling me to leave the whole time and, you know, I was cursing and all that.

a

1 2
3

A
A A

a

Yeah.
It sits on the floor?

When you say you were cursing, did you say?

what

16:13 16:13 16:13 16:13 16:13 16:13 16:13

exactly

4 5
6

a

He tripped over that.
Okay.

A

I ain't going no motherfucking where.

And I was standing -- so she didn't see

You talk to me. And she shot in the air one time. And when she shot in the air, that's when I grabbed the boys and I pushed them out the door. I pushed them towards the door and
j

him fall because I stopped behind him and I pretty much blocked the whole door. I stopped until he got up and that's when we kept going and she told me to get the fuck out and then she shut the door and locked it.

7 8
9

16:11 10 16:11 11 16:11 12 16:11 13 16:11 14 16:12 15 16:12 16 16:12 17 16:12 18 16:12 19 16:12 20 1612 21

had fell on the way out and once he got out --

a

16:1310 16:1311
16:13 12

Pushed toward

what

door?

a

Okay.

After

she shot the gun in the air was she standing?

A

a a

Where it say "Foyer."
So you went room? out of the kitchen back into

as you described

it, where

16:13 13 16:13 14 16:13 15

A

the living

a

She was standing almost in front -That question is not right. When she it,

A
front

Yeah.
And pushed' . and i oward the

shot the gun in the air as you described where was she standing?

16:13 16 16:13 17 16:13 18

door?

A A
here.

A

a

Yeah.
When you say you pushed arms or how did you __ them, did you

a

On the picture?
On the picture, yeah.

16:13 19 16:14 20 16:14 21 16:14 22 16:14 23 16:14 24 16:14 25

She was probably standing right up in
So __

grab their

A

At that time i

(had came around the

a a

, 22 ,v.1223
16:12 24 16:12 25

way where

was and they were standing in

A
kitchen,

Over the S, like through the door -Through just the laundry room door into the into the kitchen?

front of me once I turned around and I pushed them towards the front door and we ran out. I--

a

When you say we __ I'm sorry.

A

Yeah. FIRST COAST COURT REPORTERS
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A A

33 How far? Probably about halfway, I guess. Where were you standing at that time? I was standing almost like right past
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35

1 2 3 4 5
6

told her, I said that's why you can't get out the garage, because I knew the garage door wasn't working and you going to talk to me, you know. That's -- I mean that's what I was saying when I was walking in the kitchen and she was telling me
I need to leave, and then once she shot, then I

a

the entrance of the door, and when I was walking towards her, that's when I was walking towards her.

a
A

7
8 9

left.

So you were in the kitchen walking After she told me to leave and I told

16:16 16:16 16:16

a
A

Were you still yelling at her? Yeah. I mean -What were you saying? I just calling her bitches and, you

towards her and she was coming -her I wasn't going anywhere and that's when she shot in the air.

16:14 10 16:14 11 16:14 12 16:14

10

a

16:16 11 16:16 12 16:17

A

13

a

know, honestly, be honest with y'all, if my kids wasn't there I wouldn't have left when she would have shot. I was just that mad.

After she shot in the air, what -- you

13

16:14 14 16:14 15 16:14 16 16:14 17 16:14

tell me what you did. What did she do? Did you see what she did?

16:17 14 16:17 15 16:17 16 16:17 17 16:17

a

What do you mean you were that mad? I was just that mad at the fact that she

A

I didn't see what she did because I

A

pretty much, I knew my kids were there, so I got them out of there. And she -- all I know is when we got to the exit of the door he fell and I waited on him to get up, she told me to get the fuck out, and when I was leaving I heard the door slamming and I heard it lock so I know she locked the door behind me.

was sending pictures of my baby to her ex-husband, to -- I believe it would have been worse than it would have if my kids hadn't have been there.

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16:17 19 16:17

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16:17 21 16:17 16:17 16:17 16:17

a

What do you mean it would have been
It would have been -- I would have, you

worse?

16:15 24 16:15

a

A

Do you know what she did with the gun FIRST COAST COURT REPORTERS

know -- if my kids weren't there, I knew I probably would have tried to take the gun from FIRST COAST COURT REPORTERS 36

after she shot it in the air?

34
,,,:15 16:15 16:15 16:15 16:15 16:15 16:15 16:15 16:15

1
2

A

a a

No. We didn't go back in the house. But she walked from the kitchen area and And locked it. And locked it. And that's the door you Yeah. But did you see what she did with the

16:17 16:17 16:17 16:17 16:17 16:17 16:17 16:17 16:17

1

her, you know. I just don't know what would have happened. If my kids wouldn't have been there, I probably would have put my hand on her.

2 3
4

3
4

slammed the front door?

A

a

What do you mean you would have put your Probably hit her. I got five baby

5 6 7 8
9

5
6 7 8 9

hand on her?

say Pernell tripped over the entrance?

A

A

a

mammas and I put my hands on every last one of them except for one.

gun after she shot it in the air until she closed the door behind you, as you described it?

a

When you say you put your hands on them, I physically abused them; phv~ically, When you -- I'm sorry. Go ahead. Me, the way I was with women, they was

16:15 10 16:15 11 16:15 12 16:15

16:17 10 16:17 16:18 16:18

what do you mean by that, A emotionally, you know, it's like --

a
correct?

A

No. I didn't see what she done with it. You said you were pushing her with your

11 12 13 15 16 17 18 19 20

13

body when she was in the living room; is that

a

16:15 14 16:15 15 16:16 16 16:16 17 16:16

16:18 14

A

A

a

That's correct. Did you ever push her with your body Once she got past me that last time in

16:18 16:18 16:18 16:18 1618 16:18

like they had to walk on eggshells around me. You know, they never knew what I was thinking, what I might say.

again?

18 20 21

A

a

Or what you might do? Or what I might do. When you say you physically abused them, Hit them, push them.

16:16 19 16:16 16:16

the living room, I didn't have a chance to get up on her anymore.

A

a

a

Okay. Other than saying you wanted to

16:1821 16:18 22 16:18

what did you do? Hit them?

622 ,,,.16 23
16:16 24 16:16

talk with her or you weren't going to leave until she talked with you, what else did you say to her when you were in the kitchen?

A

23 25

a

/ do you think,

based upon what

16:18 24 16:18

you did that evening -- or that morning, excuse me. It was morning, wasn't it? FIRST COAST COURT REPORTERS
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25

A

I thought she was trying to leave. I FIRST COAST COURT REPORTERS

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39
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1
2 3

A Q

Yeah. It was early morning. Do you think Marissa was doing more than MS. LUIKART: I'm going to object to the

1
2 3

Q the air? A Q

Were you going toward her when she, as

you described it, raised the gun and shot it in Yeah. Where were your hands at that time when
I don't recall. I really don't. I

just trying to defend herself? form of that question. THE WITNESS: I mean, can you like say it a different way? I don't understand was she doinq more than trying -- was she doing more than -- no. I mean because she knew the relationships I been in and I put my hand on her before. I honestly think she just didn't want me to put my hands on her anymore so she did what she feel like she have to do to make sure she wouldn't get hurt, you know. You know, she did what she had to do. BY MR. KATTMAN: Q correct? A Q A Me and my son
I don't know

4 5
6

4 5 6 7
8 9

you were going toward her, do you recall?

7 8 9

A

probably was in the air because I was making gestures and, you know, I know they weren't by my side. I know they wasn't by my side, you know, but I don't know exactly where they was, you know, I don't recall where they were. I was a different person. Q When you say you were making gestures, Pointing at her and, you know, just like what kind of gestures?

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A

17 18 19 21

cursing, but you ain't going nowhere, and I seen the gun and I was going -- I don't know what I was going to do, but, you know, I wasn't ready to go yet. I wasn't ready to go. Q Have you ever told Marissa in the past, that is before this incident on August 1st that we've been talking about, did you ever tell her that if she ever cheated on you that you would kill her? FIRST COAST COURT REPORTERS

18 19

You did call the police; is that

16:19 20 16:19 21 16:19

16:23 20 16:23

whichever one of us got through first. Were you still angry with her when you
I was angry with her up until about

22 24

16:23 22 16:23 23 16:23

16:20 23 16:20

called the police? three weeks ago, three, four weeks ago. FIRST COAST COURT REPORTERS 38

24

16:20 25

16:23 25

40
16:23 16:23 16:24 16:26 16:26 16:26

...... 0 2 16:20 16:20 16:20 16:20 16:20 16:20 16:20 16:20

1 2 3 4 5
6

Q A

Did she ever point the gun at you? The gun was never actually pointed at

1 2 3 4 5 6 7
8

A

Yeah, I did. MR. KATTMAN: Can we go off the record

me. When she raised the gun down and raised it up, you know, the gun was never pointed at me. Q when -A Q She shot in the air. -- she shot in the air? What did she do When you say she raised it up, is that

for a moment. [Discussion off the record.] MR. KATTMAN: We'll go back on the record.
I,

would you sign that at

7 8 9 11 12 14 16 18 19 21

16:27 16:27 16:27

the bottom and put today's date, which is 11/22/10, and then I'm going to offer this as an exhibit in this deposition since we've been testifying from this. [Witness complies.] [ Deposition Exhibit No. 1 is marked for identification.] MR. KATTMAN: I'm finished for today. BY MS. LUIKART: Q What's your telephone number? Me? Your cell phone number. I got a new number today. What is your new number? .- can I -- I don't even know it by

after she raised the gun, shot in the air? What did she do then? A Q A Q I don't recall because when she shot in So you turned your back on her?
I turned my back on her, yeah.

9 11

16.:20 10 16:20 16:20

16:27 10 16:27

the air, that's when I left.

16:27 12 16:27 13 16:27 14 1627 16:27

16:20 13 16:20

16:20 15 16:21

Just so I understand, when you were in

15

the kitchen and Marissa was coming back out of the garage through the laundry room on this diagram and she came through the door from the laundry room into the kitchen -- and you know what door I'm talking about on the diagram, correct? The door from the laundry room into the kitchen. A A I seen the gun. Yeah, I was going towards her. FIRST COAST COURT REPORTERS
PM

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A
Q A Q A

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122
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heart. Honestly, I don't want to give you the wrong number. I just got it today. Could you -could I --I got a phone I can call. I think FIRST COAST COURT REPORTERS
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24

Q At that time were you going toward her?

24

16:22 25

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43
16:30 16:30

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

it's'.

_

Would the caller 10 show up? MS. BECHERAIR: It should. I think it's _ '.

1 2 3 4 5 6 7 8
9

A Q

No. Any notes or letters? No. Any contacts through anyone else that -Any contact? What you mean? Like has your friend gone and talked to

THE WITNESS: THE WITNESS: BY MS. LUIKART:

16:30 16:30 16:30 16:30 16:30 16:30 16:30 16:30 16:31 16:31

A
Q

MR. KATTMAN: I can call you. Try that number,

A
Q
you.

Q

Who is your provider? Right now it is . MR. V-ATTMAN: That's it.

her and then her friend come back and talked to

A

A
Q

No. So you've had no contact with her since No. Did you ever tell No, I didn't
- -II ,

BY MS. LUIKART: Q What was your phone number before today? Was that with ~?

10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

this incident?

A
Q

A
Q say?

16:31 16:31 16:31 16:31 16:31 16:31

_, what to what to say

A
Q

Yeah. It was like a prepaid phone. What was Marissa's cell phone number? Actually, she had so many of them, I I think it's
i

A
but --

A

don't know them by heart. something.

Q

What about your other son? No. Okay. No. When police came out to talk to you they Did you ever ask them to lie?

A
Q

Q. A
Q

something.

Do you know who she had

16:31 16:31 16:31 16:31 16:31 16:31 16:31

her cell phone through? It was through her job so I don't know. Who does she work for?

A
Q

went over what's called a threat assessment form with you about domestic violence and they asked you has your partner ever been violent to you and you responded yes. FIRST Is that true? COURT REPORTERS COAST

A
Q

'.
How many cell phone numbers did she have FIRST COAST COURT REPORTERS

when you were with her?

---------------------------------------------------+-------------------------------------------------__, 44 42
, ....29 : 16:29 16:29 16:29 16:29 16:29 16:30 16:30 16:30 16:30 16:30 16:30 16:30 16:30 16:30 16:30 16:30 16:30 16:30

1 2
3

A Q

I think two, three. Did she have a house phone? No, we never had a -- well, did we have Correct. No. When's the last time you've spoken with I've spoken to her when I was passing

16:31 16:31 16:31 16:31 16:31 16:31 16:31 16:31 16:31 16:31 16:31 16:31 16:31 16:31 16:31 16:31 16:31 16:32 16:32 16:32 16:32 16:32

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20
yes.

A
Q

Yes. When asked how often, you said one to Is that true? Yes. When asked do you believe your partner kill you, you responded yes? Yes. Was that true? I mean, no. At the time did you 'think she was going -At the time I was mad as hell so I would

A
Q A Q A

five times.

4 5 6
7

a house phone?

A
Q A Q A Q

would intentionally

8
9

or seen her? her in court about the injunction.

10 11 12 13 14 15 16 17 18 19 21 23 24 25

Q That was since this incident? A Yeah. Q
Was anything said? I didn't stop walking, I just spoke. What did you say? Sorry. Did she say anything? No. Other than that, have you seen her other No, I haven't seen her. Have you spoken to her since this No. Any text messages? FIRST COAST COURT REPORTERS

to intentionally

A

say anything.

A
Q A Q A Q

Q At that time did you believe she would
have intentionally killed you?

A

No. you with a weapon before, you said

Q When asked if your partner had ever
threatened Was that true?

16:30 20 16:30

than that one time?

A

She-She -- no. MR. KATTMAN: MS. LUIKART: One second. You're I'm sorry. It's on the
12/28/201012:12:15
._---

A
Q

21
22 24 25

Q Was that true?

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,v.JO 16:30 1630

A

incident at all?

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A
Q

looking at what again? FIRST COAST COURT REPORTERS
PM

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47
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16:34

1 2 3 4 5
6

threat assessment form and it's on -MR. KATTMAN: I think I had it here. this it? MS. LUIKART: Yes. MR. KATTMAN: I'm sorry. MS. LUIKART: That's okay. BY MS. LUIKART: Is

1 2 3 4 5 6 7 8
9

MS. LUIKART: This is CCR number MR. KATTMAN: I guess I don't have that. MS. LUIKART: I'll make you a copy. I didn't know it was going to become relevant. MR. KATTMAN: No problem. BY MS. LUIKART: Q If yes, how often, and you responded one Would that have been accurate? One to five times what? That she had been violent towards you The fact is, you know, I was always -to five times.

7
8

Q When asked if she had ever threatened
you with a weapon before, you said yes. 'Nas that the truth? A No. She had never threatened No. So you lied to the police about that? I was mad, so I don't know what I told Do you remember saying that to the you with a gun

9

16:32 10 16:32 11 16:32 12 16:32

1634

10

A
Q before.

16:34 11 16:34 12 16:34

Q
before?

13

13

A

16:32 14 16:32 15 16:32 16 16:32

A
Q

16:34 14 16:34 15 16:35 16 16:35 17 16:35 18 16:35 19 16:35 20 16:35 21 16:35 16:35 16:35 16:35

she's never been violent towards me. I was always the one starting it. If she was violent towards me it was because she was trying to get me up off her or stop me from doing --

A
Q police?

17

the police.

16:32 18 16:32 19 16:32 20 16:32 21 16:32 22 16:33

Q So would that have been a lie to the
police?

A No. Q Okay. I'm going to go back to a prior
report between you and Marissa. This occurred on January 3rd of 2010. A police officer says, "Upon my arrival I made contact with the victim, ," which would be you. "The victim REPORTERS FIRST COAST COURT

A
Q

I guess. Okay. When asked has the physical

22 23 24 25

violence gotten worse over the past year, you responded yes. Would that have been a lie?

23 25

16:33 24 16:33

A

No, that wasn't a lie. I mean we was FIRST COAST COURT REPORTERS

arguing a lot so, yeah, what I was doing to her

46
. ~.J3 16:33 16:33 16:33 16:33 16:33 16:33 16:33 16:33

48
16:35 16:35 16:35 16:35 16:35 16:35 16:35 16:35 16:35

1 stated that the suspect, Marissa Alexander, his 2 3 4 5 6 7 8
9 ex live-in girlfriend arrived at his apartment door and began yelling, kicking and banging on the door and windows. He said he opened the door and asked her to stop and leave. At that point the suspect struck him in the face with an open hand. The victim told her he was calling the police and the suspect left the area on foot." Did that occur?

1 2 3 4 5 6 7 8 9

had got worse over the year, yeah .

Q Then when asked has your partner ever
threatened you with a gun, you said yes. Was that a lie?

A
Q before?

She never threatened me with a gun. She had never pulled out that gun on you No. I mean that gun, I mean we all knew I used to have that gun

A

that the gun was there. just as well as she did. Q

16:33 10 16:33 11 16:33 12 16:33

A

She didn't like strike me in the face

16:35 10 16:36 11 16:36 12 16:36

with her fist, and, yes, she was, she was banging on the door. I had --

My question is has she ever threatened No. y interviewed;

you with a gun before.

13

Q

Did she slap you in the face? We kind of like slapped each other. Did she slap you in the face? We kind of slapped each other. Again, did she slap you in the face? Yeah, her hand hit my face. Okay. And, again, the officer went over

13

A

16:33 14 16:33 15 16:34 16 16:34 17 16:34 18 16:34 19 16:34 20 16:34 21
!

A
Q A

1636 14 16:36 15 16:36 16 16:36 1636

Q And you went down to the child
protection team to have correct?

Q A
Q

17
18

A
Q A

Yes. One of the workers asked you some Yeah. Did you tell that worker the truth? I don't remember what I told the worker. stated on August 1st,

16:36 19 16:36 20 16:36 21 16:36

questions about what had happened?

domestic violence threat assessment and he asked you has your partner ever been violent to you and you responded yes. Was that true? A Yes. MR. KATTMAN: I'm sorry. Which one --

Q

22 23 24 25

22 24 25

A

.~.A 16:34 16:34

16:3623 16:36 16:36

Q It says, "I

2010, he and his wife were supposed to go to Wolfson's Children's Hospital to see their FIRST COAST COURT REPORTERS
12 of 23 sheets

I've got the -- what was the date on that? FIRST COAST COURT REPORTERS
12: 12: 15 PM

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Page 45 to 48 of 66

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51
16:38 16:38 16:38 16:38 16:38 16:38 16:38 16:38 16:38 1 2 3 4 5 6 7 8

daughter A

who was in the NICU --" My daughter has never been to Wolfson's "He reported he did not go but his wife .a the So you wouldn't

A A

o

No. Do you recall saying that? I don't remember. "He reported he had his hands up to

Children's Hospital.

Q

Q

took pictures with her cell phone of day before on July 31st, 2010." have told her that?

block Ms. Alexander's hits." Do you recall saying that?

A
Q up?

Not sure. Is that true? Did you have your hands Yeah, I had my hands up. Was she slapping at you? Yeah. She was trying to get by, so, Okay. " indicated he told his , to get their shoes Yeah. And do you remember telling her that at
I guess I do. I remember saying that.

A
so --

My daughter never been to Wolfson's Would you have told her that? I don't remember telling her what -- I

9

16:36 10 16:36 11 1636 12 16:37 13 16:37 14 1637 15

Q

16:38 10 16:38 11 16:38 12 16:38 13 16:38 14 16:38 15 16:38 16 16:38 17 16:38 18 16:38 19 16:38 20 1638 21 16:38 22 16:38 23 16:38 24 16:39 25

A
Q

A

don't remember telling her no Wolfson's Children's Hospital. I don't know what I said, to be honest with you. Q I'm going to keep going and we'll get it if it's the truth or you're lying.

A
Q sons,

yeah, she was like trying to move me.

16:37 16 1637 17 16:37 18 16:37 19 16:37 20 16:37 21 16:37 22 16:37 23 16:37 24 16:37 25

on so they could leave." Did that happen?

y indicated his wife left the
room and he went through her phone." That's true, correct?

A
Q CPT?

A
Q

I don't know.

A Q

About the night. I don't know. I really don't. Mr. Kattman asked you if you went

The bottom line is -You don't get to talk. I'm going to ask { indicated Mrs. Alexander said, comma, quote, I've got something for your ass, FIRST COAST COURT REPORTERS you questions.

A
Q
and --

through her phone when she was in the bathroom FIRST COAST COURT REPORTERS

50
._.J7 16:37 16:37 16:37 16:37 16:37 16:37 16:37 16:37 1 2 3 4 5

52
16:39 16:39 16:39 16:39 16:39 16:39 16:39 16:39 16:39 1 2 3 4 5 6 7 8 9

A
Q

Yeah. I went through her phone when she I'm going to read a line and tell me if "He recalled he saw pictures of his

end quote, and went to the garage to retrieve her gun." Do you recall her saying that? No. Do you recall saying that to the CPT
I don't know.

was in the bathroom. it's true or not. newborn daughter and text messages stating, 'Hey big papa, wish we were there with you,' to her ex-husband." Do you recall seeing those? explained he confronted his

A

o

worker?

6
7 8 9

A

o

"He recalls she kept a gun in her glove Is that true? Is that where

box in her truck." she kept her gun?

A
Q

I recall seeing those text messages. "l

16:37 10

16:39 10 16:39 11 16:39 12 16:39 13 16:39 14 16:39 15 16:39 16 16:39 17 16:39 18 16:39 19 16:39 20 16:39 21 16:39 22

A

16:37 11 .. wife, who was upset that he went through her 16:37 12 16:37 13 16:37 14 16:37 15 16:37 16 16:37 17 16:38 18 1638 19

o '60
o

Yeah. you recall saying that? Uh-uh. Is that a no? I don't remember.

phone." You said, hey, I found text messages, and she was upset you went through the phone?

A
A

A

Yeah. I confronted her.
tt

Q

f reveals they began to argue
d

o

Okay. ,.

explained Ms. Alexander

and he called her a whore. Stating Alexander's ex-husband's child." those things to her?

may

came back from the garage, cocked her gun and pointed it at him and his two sons." Do you recall saying that?

not be his child and that she may be Marissa Did you say

A
A

16:38 20 16:38 21
1 22

A

o o

I probably did. You're not sure? Not sure. Then it says, ' Is that true? I stated he walked

o

If I did, it was a lie. So that didn't happen? No. "He revealed he pushed to the front door where they all and

A

o

,_ ..:>8 23 16:38 24 1638 25

16:39 23 16:3924 1639 25

away and Ms. Alexander followed while physically assaulting him." FIRST COAST COURT REPORTERS

felL" Did that happen?

A

Where they all fell? FIRST COAST COURT REPORTERS
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Page 49 to 52 of 66

16:39 16:39 16:39 16:39 ~9 .,,:40 16:40 16:40 16:40

1
2

53 Q That you pushed them towards the front
door.

16:41 16:41

3
4

A
Q'

Yeah. stated Ms. Alexander shot the Is that accurate?

16:41 16:41 16:41 16:41 16:41 16:41

55 1 Ms. Alexander argued in the past and she told him 2 she would shoot his ass." Has she ever said that 3 to you before?
4

A
Q

She never threatened No.

me with a gun.

5
6

gun but the bullet hit the wall by the refrigerator."

5
6

Did she ever threaten to shoot you? Did you tell the CPT worker that? I don't remember. "He explained he pushed her to prevent revealed he was arrested." 50

A
Q

7
8 9

A Q

She shot the gun, but I was looking at Well, the statement " is he reported --

7
8 9

her when she shot it. I'm sorry. stated Ms. Alexander shot Is that true? I'm sorry. What did you

A
Q police.

16:41

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16:41 10 16:41 11 16:41 12 16:41 13 16:41 14 16:41 15 16:41 16 16:42

her from getting the gun and she called the
.f

the gun but the bullet hit the wall by the refrigerator."

we're talking about the prior incident when you were arrested?

A

Not to my knowledge, no. MR. KATIMAN:

A

Yes. We were upstairs and when I left

say? MS. LUIKART: He said not to my knowledge. BY MS. LUIKART:

the house she was upstairs. I left the house before she was.

17

17

Q
A
Q

During that fight she never threatened No. You told the CPT worker that your

16:40 18 16:40 19 16:40 20 16:40 21 16:40 22 16:40 23 16:40 24 16:40 25

16:42 18

to shoot you?

Q

"He reported

was the first Do you

16:42 19 16:42 20 16:42 21 16:42 22

one out of the door, then he followed." remember saying that? A I don't remember. Do you know if Yeah. ,"

children have witnessed domestic violence between you two before; is that correct?

Q
you?

, got out before

16:42 23 16:42 24

A
Q

I don't even recall saying that. Have they witnessed domestic violence FIRST COAST COURT REPORTERS 56

A

was out the door first and

16:42 25

between the two of you?

FIRST COAST COURT REPORTERS

54
, _AO 16:40 16:40 16:40 16:40 16:40 16:40 16:40 16:40

1 2 3 4 5 6 7
8 9

,I second, then me last. Q Okay. '
Ms. Alexander tell y recalled he heard II to get the fuck out or

16:42 16:42 16:42 16:42 16:42 16:42 16:42 16:42 16:42

1 2 3 4 5
6

A
to jail.

No. Only that one time on when I went And they didn't even witness it, they

just heard it. They never witnessed me putting my hands on her at all.

get the fuck up." Do you recall that happening?

A
... .c.

Yeah, but, you know, I never told that she wasn't talking about him. I I recalls he

Q

What about her putting her hands on you? They witnessed me -- the only thing they

A

know she was talking to me.

7 8 9 11

witnessed was this last incident when I was blocking her from getting by and I had my hands up.

Q Well, it says,

"f

heard Ms. Alexander tell F Did she yell that tc ,

" That's you
)

16:40 10 16:41 11 16:41 12 16:41 13 16:41 14 16:41 15 16:41 16 16:41

telling the CPT worker that r-tarlssa yelled at

16:42 10 16:42

Q
up?

Okay. So the part they would have
~;

witnessed would have been you having your hands

.

A
Q
that?

No. Do you recall telling the CPT worker I don't know. exited the home, ' and he called the police from Is that correct? Uh-huh. Is that a yes? Yes. Then it says, "He indicated he had known So that's correct right?
! recalled he and

16:42 12 16:42 13 16:42 14

A
Q

Yeah. And to be clear, I know I already asked
I

A
and f

16:42 15 16:42 16 16:42 17 16:42 18 16:42 19 16:43 20 16:43 21 16:43 22 16:43 23 16:43 24 16:43 25

you, but you didn't tell i during his interview?

what to say what to say

Q "He explained
their cell phones."

17

A
but --

I didn't tell Okay. Yeah.

j

16:41 18 16:41 19 16:41 20 16:41 21

A
Q

Q

Do you recall coming down to the

state attorney's office with your two sons?

, 22
'-

A Q A

A
Q

Did you tell them what to tell me? No. Did you tell them to lie to me at all or FIRST COAST COURT REPORTERS
14 of 23 sheets

,123

her for two years." Yeah.

A
Q

16:41 24 16:41 25

Q Then it says, ",
PM

anything like that?

FIRST COAST COURT REPORTERS
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59
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1 2 3 4 5 6 7 8 9

A

a a

No. Have you told them to be honest about I didn't tell them anything. So one way or the other, you haven't I'm sorry? One way or the other, you haven't told No. The night, or I guess the morning of

1 2 3
4

she shot.

A

Marissa probably was right there and I MR. KATTMAN: You put an "R" for where

what they knew and what they saw?

probably was right here going towards her. you were? THE WITNESS: Yeah. BY MS. LUIKART: Q Where was! ? Can you put" where he was? MR. KATTMAN: Just put a THE WITNESS: I think he was somewhere right up in here. ' was -MR. KATTMAN: Put a' THE WITNESS: He was right about here. BY MS. LUIKART:

A

5 6
7

talked to them?

A

a

8 9

them what to say?

16:43 10 16:43 11 16:43 16:43

A

a

16:45 10 16:45 11 16:45

12 13

August 1st, 2010, the morning this happened, did you have any weapons on you?

12

16:45 13 16:45 14 16:45 15 16:45 16 16:45 17

16:43 14 16:43 15 16:43 16 16:43 17 16:43 18 16:43 19 16:43 16:43 16:43 16:43 16:43

A

Not to my knowledge, no. I don't Did you have a knife in either of your No, I didn't have anything in my hands. Did you have a gun in either of your No. When Marissa shot the gun, approximately They, like I said, I don't know the feet was in the living room and I FIRST COAST COURT REPORTERS

remember.

a

a a

This is at the time of the shot? Yes. So both No. You put a C where Marissa is? Yeah. You told me to. I'm going to write "Marissa" next to
I'

hands?

A

A

a

16:45 18 16:45 19 16:45 16:45 16:45 16:45 16:45

nd

. would

have been able to see Marissa?

20 21 22 23 24

hands?

20 21 22 23 24

A

A
Q

a a

A

how many feet away were your children?

A

her. And after the shot, y'all left the house and called 911? FIRST COAST COURT REPORTERS

16:44 25

wise, but .

16:4525

58
.... 4 16:44 16:44 16:44 16:44 16:44 16:44 16:44 16:44

60
16:45 16:46 16:46 16:46 16:46 16:46 16:46 16:46 16:46

1
2 3 4 5
6

was like standing a good ways behind me but he was like in the living room. This ain't -- he was like probably right up in here. Q Where the number four is? No. That's a A. Sorry. Where the letter A is? MR. KATTMAN: Just so the record is clear, looking at this diagram with "kitchen" at the top and "bath" at the top, you're pointing just to the left of the A on the diagram in the living room? Is that where you're saying he was? THE WITNESS: Yeah. He was somewhere up in there, I was like in here. BY MS. LUIKART:

1 2 3 4 5 6 7 8
9

A Yeah. Q Had you ever threatened her with a gun
before?

A

No. I had never threatened her with a

A Q

gun. I told her if she ever cheated on me I would kill her.

7 8 9

Q
weapon?

But you never threatened her with a No. Going back to when y'all are in the

A

16:44 10 16:44 11 16:44 16:44

16:46 10 16:46 11 16:46

a

master bedroom and she's in the bathroom, you swing the door open to confront her about the texts, correct?

12 13

12

16:46 13 16:46 14 16:46 15 16:46 16 16:46 17 16:46 18 16:46 19 16:46

16:44 14 16:44 15 16:44 16 16:44

A

I grabbed the door knob and pushed it

a

open. It couldn't swing.

So you were in between the A and the B? Yeah. And that's at the time of the shot? Yeah. I was in the B and he was in the Where was -- so you would think --

Q You pushed the door open?
A Yeah. Did you punch her? No, I didn't punch her. Did you strangle her? No. I pushed the door hard enough where Hit her in the leg? Yeah. Did you punch her? FIRST COAST COURT REPORTERS
12/28/201012: 12: 15 PM

17

A Q

16:44 18 16:44 19 16:44 16:44
1 ,4

Q
A Q

A
A. Q A
Q

20 21 22 23 24

20 21 22 23 24

16:46 16:46 16:46

A
Q A Q

sorry. Who was at the A? vas at the A, you were at the B. RRST COAST COURT REPORTERS

it hit her leg. The door hit her.

16:44

16:46

16:44 25

Can you draw, write a C where t>1arissa was when

16:46 25

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1 2 3 4 5
6

A
A A

a a

No. Did you choke her at all, strangle her? No. Did she hit you at all? She was trying to get by me. Did she hit you? She like trying to move me. Yes, she

1 2 3 4 5
6 7

her. The only thing you said was if I can't have you nobody can?

A

Yeah. I just basically tried to control

her movement and the way she was going and she couldn't leave.

a

a

When you went into the bathroom to

7 8
9

A
leave.

confront her about the text messages, did you give her her phone back?

like hit me, asking me to move, she wanted to

8 9

16:47 10 16:47 11 16:47 12 16:47 13 16:47 14 16:47

a

A A

So were you just standing in the doorway Yeah. I was like forcing her back with Were you standing stationary in the No, I was moving. You were pushing her with your belly? With my whole upper body. What was she doinq? Trying to get out the way. Can you explain physically, like with Telling me to move, let her go. How was she hitting you? Open-handed? FIRST COAST COURT REPORTERS 62

16:48 10 16:48 11 16.48 12 16.48 13 16:48 14 16:48 15 16.49 16 16:49 17 16:49 18 16:49 19 16.49

a

I threw it at her. So the phone was with her? Yeah. I don't know if she picked it up You're not sure what she did with the No, I didn't have it. MS. LUIKART: I don't think I have any

so she couldn't get by you?

A

or whatever.

my body.

a

a
A

phone but you didn't have it?

15

doorway or --

16:47 16 16:47 17 16:47 18 16:47 16:47

A
A

a a

other questions. MR. KATTMAN: I have no further questions. You want to explain reading or waiving. MS. LUIKART: Yes. MR. KATTMAN: If this deposition gets transcribed! typed up, before it gets filed with the court, you have a right to read it. You can't change anything, but if you think FIRST COAST COURT REPORTERS

19 20

A

16:47 21 16:47 22 16:47 23 16:47 24 16:47 25

a a

20

16:49 21 16:49 22 16:49 23 16:49 24 16:49 25

her hands?

A

Closed fist?

64
16:49 16:49 16:49

. J.47

1 2 3 4 5 6 7 8
9

A
arms?

16:47 16:47 16:47 16:47 16:47 16:47 16:47 16:47

a

Open-handed. Was she hitting you in your face, your In my face and arms. And you said you backed up into the Yeah. After a while, you know. I mean And you had your hands up in the air; is I only put my hands up in the air when I You never -- I don't want to put words

1 2 3 4 5
6

the court reporter took something down wrong or if you want to change something, you can make a notation in the back. There's a page where you can write things on it. You say on page such and such I don't think I said this! I said that, or what I meant to say was this. You can make notes in there. But if you want to read it and make notes like that! you have to say I want to read it if it gets typed up. If you don't want to' read it, you say you want to waive the right to read it and sign it. What's your preference? THE WITNESS: I been truthful so I'll waive the right to read it. MR. KATTMAN: Okay. MS. LUIKART: You're done. [The deposition is concluded at 4:49 p.m.]

A

a

16:49 16:49 16:49 16:49 16:49 16:49

living room?

A

7
8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

after a while.

a

16:47 10 16:47

that correct?

11

A

16:47 12 16:47 13 16:47 14 16:47 15 16:47 16 16:47

knew that my kids could see me.

a

in your mouth, but you never said you pushed her with your hands; correct?

A

17 19 20

a

Never. You have your hands up when you get in Yeah. I mean I put my hands on her

16:47 18 16:48 16:48

the living room?

A

before, so I didn't put my hands on her. I knew my kids were there and the last thing I wanted --

16:48 21 'I 22

a

So during this incident you never put No, I never put my hands on her at all. Okay. And you never threatened to kill FIRST COAST COURT REPORTERS

. _.-t8 23
16:48 24 16:48 25

your hands on Marissa at all?

A

a

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