IN THE UNITED STATES DISTRICT COURT FOR THE 

NORTHERN DISTRICT OF ILLINOIS, EASTERN DIVISION 

JACQUES RIVERA, 

Plaintiff,

v.

REYNALDO GUEVARA, et al.,

Defendants.

)

)

)

)

)

)

)

)

)

)

Case No. 12 C 4428 

Hon. Joan B. Gottschall, 

District Judge 

Hon. Mary M. Rowland, 

Magistrate Judge 

JURY TRIAL DEMANDED 

PLAINTIFFS’ CONSOLIDATED RESPONSE IN 

OPPOSITION TO DEFENDANTS’ SUMMARY JUDGMENT MOTIONS 

EXHIBIT 6$

Case: 1:12-cv-04428 Document #: 313-6 Filed: 09/19/17 Page 1 of 64 PageID #:14818
Chicago, Illinois (312) 263-0052

McCorkle Litigation Services, Inc.

1 (Pages 1 to 4)

 IN THE UNITED STATES DISTRICT COURT

 FOR THE NORTHERN DISTRICT OF ILLINOIS

 EASTERN DIVISION

 ~~~~~~~~~~~~~~~~~~~~

JACQUES RIVERA,

 Plaintiff,

 vs. Case No. 12 CV 4428

REYNALDO GUEVARA, et al.,

 Defendants.

 ~~~~~~~~~~~~~~~~~~~~

 Videotaped Deposition of

 ORLANDO LOPEZ

 May 29, 2013

 11:03 a.m.

 Taken at:

 Rennillo Deposition & Discovery

 Erieview Tower

 1301 East 9th Street, Suite 100

 Cleveland, Ohio

 Toni DiNardo, RPR

2

1 APPEARANCES:

2

3 On behalf of the Plaintiff:

4 Northwestern Law, Bluhm Legal

5 Clinic, by

6 LOCKE E. BOWMAN, ESQ.

7 375 East Chicago Avenue

8 Chicago, Illinois 60611

9 312-503-0844

10 l-bowman@law.northwestern.edu

11

12

13 On behalf of the Plaintiff:

14 Loevy & Loevy, by

15 ANAND SWAMINATHAN, ESQ.

16 312 North May Street

17 Suite 100

18 Chicago, Illinois 60607

19 312-243-5900

20 anand@loevy.com

21

22

23

24

25

3

1 APPEARANCES:

2

3 On behalf of the Defendants Reynaldo

4 Guevara; Steve Gawrys; Joseph Fallon;

5 Joseph Sparks; Paul Zacharias; Edward

6 Mingey and Russell Weingart; John

7 Leonard; Gillian McLaughlin; Daniel Noon;

8 John Guzman and Rocco Rinaldi:

9 The Sotos Law Firm, P.C., by

10 JEFFREY N. GIVEN, ESQ.

11 550 E. Devon

12 Suite 150

13 Itasca, Illinois 60143

14 630-735-3300

15 jgiven@jsotoslaw.com.com

16

17 On behalf of the Defendant City of

18 Chicago:

19 Rock, Fusco & Connelly, LLC, by

20 EILEEN E. ROSEN, ESQ.

21 321 North Clark Street

22 Suite 2200

23 Chicago, Illinois 60654

24 312-494-1000

25 erosen@rockfuscoconnelly.com

4

1 APPEARANCES:

2 On behalf of Orlando Lopez:

3 Grange Insurance, by

4 STEPHANIE D. ADAMS, ESQ.

5 610 S. Front Street

6 Columbus, Ohio 43215

7 614-449-5993

8 adamssd@grangeinsurance.com

9

10 ALSO PRESENT: Jeff Koisher, Videographer

11

12

13 ~ ~ ~ ~ ~

14

15

16

17

18

19

20

21

22

23

24

25

Case: 1:12-cv-04428 Document #: 313-6 Filed: 09/19/17 Page 2 of 64 PageID #:14819
Chicago, Illinois (312) 263-0052

McCorkle Litigation Services, Inc.

2 (Pages 5 to 8)

5

1 TRANSCRIPT INDEX

2

3 APPEARANCES............................... 2

4

5 INDEX OF EXHIBITS ........................ 6

6

7

8 EXAMINATION OF ORLANDO LOPEZ

9 By Mr. Bowman............................. 11

10 By Ms. Rosen.............................. 122

11 By Mr. Given.............................. 169

12

13 REPORTER'S CERTIFICATE.................... 186

14

15 EXHIBIT CUSTODY

16 EXHIBITS RETAINED BY ATTORNEY BOWMAN

17

18

19

20

21

22

23

24

25

6

1 INDEX OF EXHIBITS

2 NUMBER DESCRIPTION MARKED

3 Exhibit 29 Affidavit..................... 15

4 Exhibit 30 Transcript.................... 16

5 Exhibit 31 Google Map.................... 33

6 Exhibit 32 Photograph.................... 41

7 Exhibit 33 Photograph.................... 44

8 Exhibit 34 Photograph.................... 48

9 Exhibit 35 Photograph.................... 52

10 Exhibit 36 Photograph.................... 140

11 Exhibit 37 Report........................ 151

12 Exhibit 38 Bench Trial................... 174

13

14

15

16

17

18

19

20

21

22

23

24

25

7

1 INDEX OF VIDEO OBJECTION

2 OBJECT PAGE

3 objection................................. 15

4 object.................................... 25

5 objection................................. 31

6 objection................................. 31

7 objection................................. 42

8 objection................................. 66

9 objection................................. 71

10 objection................................. 79

11 objection................................. 82

12 objection................................. 83

13 objection................................. 83

14 object.................................... 84

15 object.................................... 84

16 objection................................. 85

17 object.................................... 86

18 objection................................. 87

19 objection................................. 87

20 objection................................. 87

21 objection................................. 90

22 objection................................. 94

23 objection................................. 96

24 objection................................. 100

25 objection................................. 100

8

1 objection................................. 100

2 objection................................. 106

3 objection................................. 108

4 objection................................. 109

5 objection................................. 111

6 object.................................... 111

7 objection................................. 112

8 objection................................. 115

9 objection................................. 115

10 objection................................. 116

11 objection................................. 117

12 objection................................. 117

13 Object.................................... 118

14 objection................................. 118

15 objection................................. 118

16 object.................................... 143

17 object.................................... 150

18 object.................................... 152

19 object.................................... 154

20 objection................................. 155

21 objection................................. 155

22 object.................................... 159

23 objection................................. 173

24 objection................................. 176

25 objection................................. 177

Case: 1:12-cv-04428 Document #: 313-6 Filed: 09/19/17 Page 3 of 64 PageID #:14820
Chicago, Illinois (312) 263-0052

McCorkle Litigation Services, Inc.

3 (Pages 9 to 12)

9

1 objection................................. 178

2 objection................................. 178

3 objection................................. 179

4 objection................................. 180

5 objection................................. 180

6 objection................................. 182

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

10

1 THE VIDEOGRAPHER: We are on the

2 record. The time is 11:03. The date is May

3 29, 2013. This is the videotaped deposition of

4 Orlando Lopez in the matter of Rivera versus

5 Guevara held in Cleveland, Ohio.

6 Counsel, please state appearances

7 for the record?

8 MR. BOWMAN: My name is Locke

9 Bowman. I represent the Plaintiff, Jacques

10 Rivera.

11 MR. SWAMINATHAN: Anand Swaminathan

12 for the Plaintiff, Jacques Rivera.

13 MS. ROSEN: Eileen Rosen for

14 Defendant, City of Chicago.

15 MR. GIVEN: Jeff Given on behalf of

16 the individual defendant.

17 MS. ADAMS: I'm Stephanie Adams

18 here on behalf of Orlando Lopez.

19 THE VIDEOGRAPHER: Would the court

20 reporter please swear in the witness?

21 ORLANDO LOPEZ, of lawful age, called for

22 examination, as provided by the Ohio Rules of

23 Civil Procedure, being by me first duly sworn,

24 as hereinafter certified, deposed and said as

25 follows:

11

1 EXAMINATION OF ORLANDO LOPEZ

2 BY MR. BOWMAN:

3 Q. Could you please tell us your first

4 and last name and spell your last name?

5 A. Lopez, L-O-P-E-Z, Orlando,

6 O-R-L-A-N-D-O.

7 Q. It's Orlando Lopez?

8 A. Correct.

9 Q. Mr. Lopez, as you know, my name is

10 Locke Bowman and I represent Jacques Rivera. I

11 have some questions for you this morning that

12 will -- and it will likely run into the

13 afternoon.

14 The -- have you ever been in a

15 procedure like this, given a deposition before?

16 A. In the surroundings like this, no.

17 Q. It's similar to being in court in

18 that you're under oath, we have a court

19 reporter taking down my questions and your

20 answers. It's a little less formal, we don't

21 have a judge, and so just to be clear about

22 some ground rules, first, like in court you

23 need to answer audibly.

24 If a question is properly answered

25 with a yes or no, you need to say yes or no as

12

1 opposed to uh-huh or shaking your head, which

2 is not clear; okay?

3 A. Okay.

4 Q. You should do your very best to

5 avoid us talking over each other. I will

6 endeavor not to interrupt you, and you should

7 try and be sure that I finish asking my

8 question before you start to answer the

9 question so that we're not talking over each

10 other.

11 I am really slow of speech and

12 everybody eventually gets the idea of where I'm

13 going and you want to jump in and start

14 answering the question, try and prevent

15 yourself from doing that so we have a clear

16 record and Toni is not having to take us both

17 down talking at the same time; okay?

18 A. Okay.

19 Q. You are absolutely entitled to a

20 clear question that you can understand, and I

21 realize that this is not a pleasant experience

22 for you, and so I'm going to do my best to make

23 my questions clear and comprehensible.

24 If you don't understand a question

25 that I've asked, I want you to tell me. And my

Case: 1:12-cv-04428 Document #: 313-6 Filed: 09/19/17 Page 4 of 64 PageID #:14821
Chicago, Illinois (312) 263-0052

McCorkle Litigation Services, Inc.

4 (Pages 13 to 16)

13

1 responsibility is going to be to keep

2 rephrasing the question until it gets clear and

3 you can answer; okay?

4 A. Okay.

5 Q. If you do answer my question, I'm

6 going to assume that you've understood what

7 I've asked and that you're actually responding

8 to that question. Is that also fair?

9 A. Fair.

10 Q. If at any point you need to take a

11 break, to consult with your lawyer, to use the

12 facilities, for whatever purpose, just let us

13 know and you can take a break and any

14 reasonable time that you need, we'll

15 accommodate; okay?

16 The only thing that I ask is that

17 if I've asked a question, that you finish

18 answering the question that I've asked before

19 we stop; fair enough?

20 A. Fair enough, okay.

21 Q. Now, could you tell me what you did

22 to get ready to come here and testify today?

23 A. Miss work and just got groomed and

24 got dressed and came, prepared mentally to get

25 ready for this hearing here and drove here and

14

1 I'm here now.

2 Q. And you had a chance, I'm assuming,

3 to talk with Ms. Adams before you came?

4 A. Correct.

5 Q. Have you had any opportunity to sit

6 down and talk with any of the lawyers for the

7 City of Chicago or for the Chicago police

8 defendants who are represented by counsel here

9 today?

10 A. No.

11 Q. And you and I have not met before

12 this morning; right?

13 A. Correct.

14 Q. And as far as this particular

15 lawsuit goes, you've not spoken with any of us

16 lawyers representing Jacques in this particular

17 case?

18 A. Correct.

19 Q. Did you have a chance to look over

20 any documents, in particular any prior

21 testimony or sworn statements that you've given

22 before coming here to testify?

23 A. I looked over some.

24 Q. Let me -- Toni -- I'm going to hand

25 you what I believe is an affidavit that you

15

1 signed. I'm marking it for identification as

2 Exhibit 29. I'd just ask you to take a few

3 minutes to read that over.

4 - - - - -

5 (Thereupon, Deposition Exhibit 29,

6 Affidavit, was marked for purposes

7 of identification.)

8 - - - - -

9 A. Do you want me to read the whole

10 thing or just --

11 Q. Yes, please.

12 Have you taken all the time you

13 need to read over Exhibit 29?

14 A. Yes.

15 MR. GIVEN: Objection. Form.

16 Q. Is this an affidavit that you

17 signed on June 12, 2010?

18 A. Yes.

19 Q. Are the statements in Exhibit 29

20 true and accurate?

21 A. Yes.

22 Q. Just to be clear, had you had an

23 opportunity before coming here to testify today

24 to read Exhibit 29 over?

25 A. Not today.

16

1 Q. I'm going to hand you next a

2 transcript of your testimony at a court hearing

3 that took place on June 23, 2011, and I'll mark

4 it for identification as Exhibit 30.

5 - - - - -

6 (Thereupon, Deposition Exhibit 30,

7 Transcript, was marked for purposes

8 of identification.)

9 - - - - -

10 MS. ADAMS: Is this the direct and

11 cross or just the direct?

12 MR. BOWMAN: It's the direct and

13 cross. To be clear, in response to Ms. Adams'

14 question, Exhibit 30 is the entirety of

15 Mr. Lopez's testimony of the post conviction

16 hearing that took place in 2011.

17 Q. I'm not going to ask you to read

18 this entire transcript over, but I wanted to

19 clarify whether or not you had the chance to

20 read over this transcript of testimony before

21 you came here today to testify?

22 A. I read through it at home.

23 Q. And could you tell me when you did

24 that?

25 A. About a week ago.

Case: 1:12-cv-04428 Document #: 313-6 Filed: 09/19/17 Page 5 of 64 PageID #:14822
Chicago, Illinois (312) 263-0052

McCorkle Litigation Services, Inc.

5 (Pages 17 to 20)

17

1 Q. As you read through the transcript

2 that's before you as Exhibit 30, did you see

3 any errors in your testimony, anything that you

4 said that was not accurate?

5 A. No. Everything I said is pretty

6 much what I said.

7 Q. And is it -- is the testimony that

8 you gave on June 23, 2011 truthful to the best

9 of your ability?

10 A. Correct.

11 Q. As you sit here today under oath,

12 Mr. Lopez, can you tell me who the person is

13 who shot Felix Valentin on August 27, 1988?

14 A. The person that shot was -- at the

15 time the person that shot -- it was a gangster

16 pretty much, an Imperial Gangster.

17 Q. And just so that we're clear, when

18 you say Imperial Gangster, what does that mean?

19 What does that designate?

20 A. A rival gang from the Latin Kings

21 and any other gangs.

22 Q. Do you know that individual's name?

23 A. No, I do not.

24 Q. Is that person who was a member of

25 the Imperial Gangsters -- is that person

18

1 Jacques Rivera?

2 A. No.

3 Q. As you sit here today under oath,

4 can you tell me, Mr. Lopez, whether the person

5 who shot Felix Valentin was an individual who

6 you had ever seen before the date of the

7 shooting, August 27, 1988?

8 A. Never saw him prior to the

9 shooting.

10 Q. Had you seen that individual

11 playing baseball in Humboldt Park prior to the

12 shooting?

13 A. No.

14 Q. As you sit here today under oath,

15 Mr. Lopez, can you tell me on how many

16 occasions you went to the police station in the

17 weeks following the shooting of Felix Valentin

18 to view a lineup?

19 A. Twice.

20 Q. Is there any doubt in your mind

21 that you went to the police station twice to

22 see the lineup?

23 A. Requestion that again.

24 Q. Do you have any uncertainty or

25 doubt in your mind that it was two times that

19

1 you went to look at a lineup in the police

2 station?

3 A. Twice; two times.

4 Q. You're confident of that?

5 A. Correct.

6 Q. All right. Mr. Lopez, let me step

7 back for a moment. You are -- we are not going

8 to ask you your address today.

9 Can you tell me whether you are

10 currently living in the area around here in

11 Cleveland, Ohio, where this deposition is going

12 on?

13 A. Yes.

14 Q. How long have you lived in this

15 area?

16 A. Over ten years.

17 Q. With whom do you live here?

18 A. Do I really have to answer that

19 one?

20 Q. I --

21 A. I mean, is that -- I have a wife

22 and I have four children.

23 Q. I don't need to know anybody's

24 names.

25 A. Okay.

20

1 Q. I'm just interested in knowing

2 whether you live with your family?

3 A. Yes, I'm a married man and I have

4 four children.

5 Q. How old are your kids at this

6 point?

7 A. Really. 17 years old, 14, 13, and

8 10.

9 Q. Thank you. And how long have you

10 been married?

11 MS. ADAMS: Forever.

12 A. Forever. No --

13 MS. ADAMS: Don't ask him what his

14 anniversary is. That's not a fair question.

15 A. -- I've been married for 15 years.

16 Q. Before living in the Cleveland

17 area, where did you live?

18 A. Pennsylvania.

19 Q. Where in Pennsylvania?

20 A. Harrisburg.

21 Q. And prior to living in Harrisburg,

22 Pennsylvania, where did you live?

23 A. Chicago, Illinois.

24 Q. Can you tell me what year you moved

25 from Chicago, Illinois to Harrisburg?

Case: 1:12-cv-04428 Document #: 313-6 Filed: 09/19/17 Page 6 of 64 PageID #:14823
Chicago, Illinois (312) 263-0052

McCorkle Litigation Services, Inc.

6 (Pages 21 to 24)

21

1 A. It's been so long. Like I said,

2 it's been over probably 15 years. I can't

3 really tell you the date.

4 Q. Best estimation, was it in the

5 decade of the 1990s?

6 A. Yes. I left in the '90s, late

7 '90s.

8 Q. How old were you when you left

9 Chicago approximately?

10 A. 19 or 20, around that time.

11 Q. Can you tell me what it was that

12 prompted you to leave the City of Chicago?

13 A. Gangs.

14 Q. What do you mean by that?

15 A. You know, through all this stuff

16 that happened to me with this it forced me --

17 not forced me because nothing is forced in

18 life, but the peer pressures and stuff like

19 that made me join gangs. I was joining into

20 the Maniac Disciples due to this reason. Then

21 I had children. My first son was born, and I

22 saw how Felix died. Man, I'm going to cry

23 here, and I just wanted to make sure my son

24 didn't be another casualty, and I want make

25 sure I raise my family.

22

1 Q. Thank you for your testimony. I

2 wanted to be clear about one thing that I'm not

3 sure I heard. You said that you had joined a

4 particular gang yourself as a result of peer

5 pressure prior to leaving Chicago?

6 A. It was before -- it was when all

7 this occurred after Felix and the trial, I

8 decided to join a gang because I felt like I

9 would be safe and -- you know, safe haven. In

10 other words, being in a territory area in

11 Chicago where you got your Kings in Humbolt

12 Park, and you know how everything is divided

13 over there where it's territorial and then the

14 family -- my family members were also on the

15 other side of the fence, so that was the reason

16 why I joined the gangs also because I didn't

17 want to -- once you're in a gang you're stuck

18 in that area no more, and I felt safe in that

19 area, in that box in other words.

20 Q. Can you tell me the name of the

21 gang you joined?

22 A. Maniac Disciples.

23 Q. And that was after the trial and

24 after Felix's death?

25 A. Correct.

23

1 Q. Do you have the occasion ever to go

2 back and visit Chicago?

3 A. Yes, I have visited. I got family

4 over there.

5 Q. When was the last time you visited

6 the city, just to get a sense of how often you

7 come back?

8 A. Just recently.

9 Q. And can you tell me how many times

10 a year you might go back to visit?

11 A. Once a year.

12 Q. And that's to visit family?

13 A. Correct.

14 Q. When you return to Chicago, do you

15 go back to the old neighborhood where you grew

16 up?

17 A. No, I do not.

18 Q. I'd like to ask you a couple of

19 questions about your employment history.

20 Did you graduate from high school?

21 A. I have my GED.

22 Q. And since obtaining the GED, can

23 you tell me the jobs where you've worked?

24 A. One factory and then became a

25 high-rise window cleaner.

24

1 Q. And the factory where you worked,

2 is that here in Cleveland?

3 A. No, Chicago.

4 Q. What did you do for work when you

5 were living in Harrisburg?

6 A. Window cleaning.

7 Q. And you also do window cleaning

8 here in Cleveland?

9 A. Correct.

10 Q. Anything that attracted to you

11 high-rise window cleaning?

12 A. I had a son I had to feed.

13 MS. ADAMS: That will do it, huh?

14 THE WITNESS: Yes.

15 Q. Okay. Fair enough. And is there a

16 particular firm that you work for now that

17 provides cleaning service?

18 MS. ADAMS: (Indicating).

19 MR. BOWMAN: He's not answering

20 that question?

21 MS. ROSEN: Can you just say yes or

22 no?

23 A. Yes.

24 MS. ADAMS: Yes, sorry. He is

25 employed.

Case: 1:12-cv-04428 Document #: 313-6 Filed: 09/19/17 Page 7 of 64 PageID #:14824
Chicago, Illinois (312) 263-0052

McCorkle Litigation Services, Inc.

7 (Pages 25 to 28)

25

1 Q. And I'm not going to ask you where

2 you work. How long have you worked for the

3 particular firm that employs you now?

4 A. Nine years if I'm correct.

5 Q. And this is a full-time job?

6 A. Correct.

7 Q. Can you please tell me your date of

8 birth?

9 A. 5/17/76.

10 Q. And what is your current age?

11 A. 37.

12 Q. And I gather -- I don't want to

13 belabor the point, but just to be clear I

14 gather from your testimony that you completely

15 totally left behind the gang life when you left

16 the City of Chicago?

17 A. Correct.

18 Q. I would like to take you back at

19 this time, Mr. Lopez, to the date of Felix's

20 murder, which I understand to be August 27,

21 1988. Do you remember that day?

22 A. Can you repeat the date again?

23 MS. ROSEN: Object to the form of

24 the question because he didn't die on August

25 27, so --

26

1 MR. BOWMAN: I'll rephrase the

2 question. Thank you. It was my mistake. Let

3 me try again so it's clear.

4 Q. Do you remember the day that Felix

5 was shot?

6 A. Not the actual date, but I remember

7 the day of, you know --

8 Q. And I'm not trying to ask whether

9 you remember what calendar day it was --

10 A. No, that I don't remember. I just

11 remember exactly vividly how it happened, when

12 it happened and how it went about, my actions

13 and stuff like that.

14 Q. And I think that we all agree as

15 we've got records here that the date of Felix's

16 shooting was August 27, 1988, so I may in some

17 of my questions refer to that date, but we'll

18 be talking about the day Felix was shot; okay?

19 A. Okay.

20 Q. Can you tell me where you were

21 living on the day Felix was shot?

22 A. I was living at 3320 West Cortland,

23 Chicago, Illinois.

24 Q. And how old were you at that time?

25 A. If my memory serves me right around

27

1 11 or 12.

2 Q. Were you going to school at that

3 point?

4 A. Yes, I was.

5 Q. What day of the week was it that

6 Felix was shot?

7 A. That I can't -- I just -- now that

8 I read this stuff I knew it was on a Saturday,

9 but at the moment I didn't know the date, so --

10 Q. Okay. And that's what I was just

11 asking --

12 A. Okay.

13 Q. -- whether it was a weekend or

14 during the day. Were you in school?

15 A. No.

16 Q. Were you attending school at that

17 time, not were you in school on a Saturday, but

18 were you attending school?

19 A. Yes, I was.

20 Q. Where did you attend school?

21 A. I attended school at Mozart

22 Elementary.

23 Q. Where is that?

24 A. That was over there on Avers and

25 Palmer.

28

1 Q. And what grade were you in when

2 Felix was shot?

3 A. I don't remember the grade I was

4 in.

5 Q. Okay. Can you tell me who you

6 lived with at 3320 West Cortland?

7 A. My mother.

8 Q. Did anyone else live in the home

9 other than you and your mom?

10 A. My stepfather, my little two

11 sisters and my sister, Marilyn. All four

12 sisters, let's just put it that way there.

13 Q. So it was your mom, your stepdad,

14 you, and four sisters?

15 A. Correct.

16 Q. And is 3320 West Cortland an

17 apartment building?

18 A. Correct.

19 Q. What apartment did your family

20 have?

21 A. The one near the alley, that's like

22 -- that's pretty much all I can tell you that

23 part.

24 Q. Which floor were you on?

25 A. First floor.

Case: 1:12-cv-04428 Document #: 313-6 Filed: 09/19/17 Page 8 of 64 PageID #:14825
Chicago, Illinois (312) 263-0052

McCorkle Litigation Services, Inc.

8 (Pages 29 to 32)

29

1 Q. Did you in that period of time

2 around when Felix was shot, did you sometimes

3 spend time with your father?

4 A. Yeah, I did spend some time with my

5 father.

6 Q. Where did your father live at that

7 time?

8 A. Mozart Park -- I mean across the

9 street from the school, from Mozart Elementary.

10 Q. Was there an arrangement as to how

11 much time you would spend with your dad versus

12 your mom?

13 A. No.

14 Q. So it just --

15 A. Whenever I felt like going to him

16 that's when I could go.

17 Q. So it varied?

18 A. Correct.

19 Q. Now, were you -- around the time

20 that Felix was shot, were you acquainted with

21 Felix's family, the Valentins?

22 A. Did I knew them personally?

23 Q. Yes.

24 A. Yes, I did.

25 Q. Can you tell me what your

30

1 relationship was with that family?

2 A. The relationship was through my

3 sister-in-law, they were -- I mean, my sister,

4 my brother-in-law, and they lived on Campbell

5 and LeMoyne and visited them and that was

6 pretty much it.

7 Q. Can you tell me where they lived

8 again? I'm sorry, I didn't catch that.

9 A. Campbell and LeMoyne.

10 Q. Campbell and Illinois?

11 A. LeMoyne.

12 MR. GIVEN: LeMoyne.

13 Q. Got it. I'm the one from Chicago.

14 And which sister was it who had a

15 relationship with one of the Valentin boys?

16 A. Marilyn.

17 Q. Marilyn. How old was Marilyn at

18 that time?

19 A. I'm going to assume 18, I don't

20 know really her age.

21 Q. And which Valentin boy did Marilyn

22 have a relationship with?

23 A. Israel Valentin.

24 Q. Other than the -- and can you just

25 tell us so we're clear the nature of the

31

1 relationship between Israel and Marilyn at that

2 time?

3 A. I believe they were boyfriend and

4 girlfriend.

5 Q. Other than the relationship between

6 Israel and your sister, Marilyn, was there any

7 other relationship between your family and the

8 Valentins?

9 A. Yeah, just --

10 MR. GIVEN: Objection. Form. Go

11 ahead.

12 A. Question is -- yeah, they were --

13 we were just family -- once you intertwined

14 with relationships, you know, you throw parties

15 and stuff like that.

16 Q. Did you know Felix?

17 A. Yes, I did.

18 Q. Can you tell me what your -- what

19 the nature of your relationship was with Felix?

20 A. Through the --

21 MR. GIVEN: Objection. Form.

22 A. His brother -- just like I said

23 knew him in the family because I used to go to

24 their house. He used to, you know, hey, how

25 you doing and later.

32

1 Q. Did you spend time with him?

2 A. No. That I -- no, I did not.

3 Q. Did you consider him a friend?

4 A. I considered him a family member.

5 Q. All right. Now, I want to ask you

6 some questions about the geography around 3320

7 West Cortland.

8 What is the direction that Cortland

9 Street runs?

10 A. If my mind serves me right east and

11 west. East and west, I'm assuming if my mind

12 plays me right.

13 Q. And as you go to the east from the

14 apartment where your family lived at 3320 West

15 Cortland, as you go east, what is the first

16 cross street that you encounter?

17 A. Armitage. So you got Cortland

18 here, (indicating), you have Spaulding here

19 (indicating), and if you go east, if my mind

20 serves right, is Armitage.

21 Am I wrong here?

22 MR. GIVEN: I'd rather clear up the

23 record so that we're all literally on the same

24 page. That's incorrect.

25 A. Incorrect. I'm just -- well, then

Case: 1:12-cv-04428 Document #: 313-6 Filed: 09/19/17 Page 9 of 64 PageID #:14826
Chicago, Illinois (312) 263-0052

McCorkle Litigation Services, Inc.

9 (Pages 33 to 36)

33

1 west --

2 MR. BOWMAN: I think I've got a

3 solution for us.

4 A. If you want me to draw it out on a

5 paper, I'll be glad to do that so how my memory

6 serves me right.

7 Q. I've got Google Maps?

8 A. Okay.

9 Q. So that will be --

10 MS. ADAMS: Google, the world's

11 best resource.

12 - - - - -

13 (Thereupon, Deposition Exhibit 31,

14 Google Map, was marked for purposes

15 of identification.)

16 - - - - -

17 Q. I've marked for identification as

18 Exhibit No. 31 a Google Map page showing

19 Cortland Street in the City of Chicago and the

20 area around Cortland. And what we did, just to

21 be clear, Mr. Lopez, to get this particular

22 page was to type in the address 3320 West

23 Cortland Street and you'll see a little bubble

24 with an A in it near the center of the page,

25 and that's the Google Map identification of the

34

1 address of your old apartment.

2 A. Home.

3 Q. Okay, so just to confirm, Cortland

4 does run east and west; right?

5 A. It says Cortland you were asking

6 me, not Spaulding?

7 MR. GIVEN: Correct. He's asking

8 you about Cortland.

9 A. That's the reason why he threw me

10 off with the Spaulding and that's why I'm like

11 okay.

12 Q. No question that I asked a

13 confusing question, it was my bad, and I just

14 want us to be clear about it, so that we can

15 talk about it in a way that we all understand.

16 That's my only purpose; okay?

17 So if you look here at this map

18 you'll see that toward the top of the page,

19 that's north, right, as you go north from

20 Cortland you get to Armitage and up toward

21 Palmer going north of the city; right?

22 A. Uh-huh.

23 Q. You need to say yes or no?

24 A. Oh, I apologize, yes.

25 Q. And then if you go down toward the

35

1 bottom of the page, you're going south past

2 Wabanasia down toward North Avenue?

3 A. Okay, so that's south, north, west,

4 east I guess.

5 Q. And --

6 A. Yes.

7 Q. And then over on the right side of

8 the page is toward the east where you run --

9 the first big street is Kedzie, right, east?

10 A. Yes.

11 Q. And then over toward the west you

12 run into Kimball and then Central Park on

13 toward Avers on the west?

14 A. Correct.

15 Q. And for the record --

16 (Discussion held off the record.)

17 Leave the record running just give Stephanie a

18 chance to --

19 MS. ADAMS: Okay, I'm good. Sorry.

20 Q. For the record, your counsel has

21 marked the directions on Exhibit 31 just as

22 we've listed them with N at the top of the

23 page, S at the bottom of the page, E for east

24 on the right side and W for west on the left

25 side; correct?

36

1 A. Correct.

2 Q. And does that all make sense?

3 A. Yes.

4 Q. So let me try it again. If you're

5 heading on Cortland Street going east, what's

6 the first street you come to?

7 A. Spaulding.

8 Q. Spaulding. And if you're heading

9 on Cortland Street going west, what's the

10 street you come to?

11 A. Central Park.

12 Q. Before Central Park, do you get to

13 Kimball?

14 A. Oh, Kimball.

15 Q. Would that be the first one you

16 come to?

17 A. Yes.

18 Q. All right. Now, you've mentioned

19 in one of your prior answers an alley in the

20 vicinity of your building.

21 A. Correct.

22 Q. Can you tell us where that alley

23 runs in relation to your building?

24 A. North and south.

25 Q. And is it right along the east side

Case: 1:12-cv-04428 Document #: 313-6 Filed: 09/19/17 Page 10 of 64 PageID #:14827
Chicago, Illinois (312) 263-0052

McCorkle Litigation Services, Inc.

10 (Pages 37 to 40)

37

1 of the building?

2 A. Yes.

3 Q. Now, did there come a point on that

4 afternoon that we're talking about when Felix

5 was shot when you left out of your building at

6 3320 and walked out into the street?

7 A. Repeat the question again.

8 Q. Did there come a point on the

9 afternoon Felix was shot when you were at home

10 at your apartment and you walked out of the

11 apartment onto the street?

12 A. Yes.

13 Q. And can you tell us approximately

14 what time of day that was to the best of your

15 memory now?

16 A. It was daylight. That's all I can

17 tell you. I'm not going to sit here and say it

18 was 10, 12, 1, 3, that I can't tell you. I

19 cannot.

20 Q. When you walked out of the

21 building, when you first walked out, did you

22 see anything unusual going on?

23 A. Yes, a red car. There was a red

24 car which was -- Felix was in. A gentleman

25 that was actually shooting the -- shooting

38

1 Felix, and that's pretty much what was going

2 on.

3 Q. Tell me to the best you can exactly

4 where Felix's red car was parked as you came

5 out of the building?

6 A. On the alley facing north and --

7 facing north he was right there on -- repeat

8 the question again, please.

9 Q. Tell me exactly where Felix's car

10 was when you came out of the building?

11 A. On the alley facing north.

12 Q. Was the car on the same side of

13 Cortland or on the other side of Cortland from

14 your apartment?

15 A. It was on my -- on the side of the

16 apartment.

17 Q. Was the car visible as you -- and

18 when you -- just to be clear, when you walked

19 out of your apartment, did you walk out of the

20 front door?

21 A. Correct.

22 Q. Was the car visible when you walked

23 out of the apartment?

24 A. Yes, it was.

25 Q. And to look at the car, which

39

1 direction did you look?

2 A. East.

3 Q. And as between left and right, that

4 would be left?

5 A. As I'm walking down that was left.

6 Q. And did you see -- where was Felix?

7 Where was Felix?

8 A. In the car.

9 Q. Was he seated --

10 A. On the driver --

11 Q. I'm sorry -- you're good.

12 A. On the driver's side.

13 Q. I interrupted you. And you said

14 that there was a man; yes?

15 A. Correct.

16 Q. And you described the man as

17 shooting Felix?

18 A. Correct.

19 Q. Was the man facing toward you or

20 away from you?

21 A. Away from me.

22 Q. Can you describe how that man

23 looked?

24 A. At the time when he was facing me

25 -- when his back was towards me he had black

40

1 hair -- a black jacket. He was wearing black.

2 His hair was like gold-brownish in the back. I

3 could tell -- you want me to go into details?

4 Q. Yes, the best details you can.

5 A. Okay. His back was turned to me so

6 I ran into the --

7 Q. Hang on just a second. Just the

8 details as to how he looked.

9 A. Okay. His hair was black and

10 yellow, all black and probably that's pretty

11 much all I can remember.

12 Q. Anything else you can tell us about

13 how he looked at that point?

14 A. His back was turned on me.

15 Q. I'm going to hand you another

16 exhibit now which I'm going to mark for

17 identification as Exhibit 32, and I don't have

18 any extra copies of this. It's a color

19 photograph. So I'm going to hand it to the

20 other lawyers so that they can look at it. It

21 has a Bates number on it, an identifying number

22 which is C like cat P like police D like

23 department, and the number 0093. And it is my

24 understanding that this is one of the original

25 crime scene photos from the investigation.

Case: 1:12-cv-04428 Document #: 313-6 Filed: 09/19/17 Page 11 of 64 PageID #:14828
Chicago, Illinois (312) 263-0052

McCorkle Litigation Services, Inc.

11 (Pages 41 to 44)

41

1 - - - - -

2 (Thereupon, Deposition Exhibit 32,

3 Photograph, was marked for purposes

4 of identification.)

5 - - - - -

6 Q. Do you recognize -- do you

7 recognize what's shown in that photograph,

8 Exhibit 32, which has just been placed before

9 you?

10 A. Yes.

11 Q. Can you tell us?

12 A. The apartment where I lived.

13 That's the apartment where I used to live at,

14 the alley where Felix got shot.

15 Q. In that photograph, are you able to

16 see the location where Felix's car was at the

17 time of the shooting?

18 A. Yes.

19 Q. And can you indicate -- actually I

20 need for you to tell us where that was and then

21 we'll ask you to make an indication.

22 MS. ADAMS: Do you want him to hold

23 it up for the camera?

24 Q. Why don't you just tell us as best

25 you can in words first, and then we'll use the

42

1 picture?

2 A. He was parked on the alley, like I

3 said, facing north. He was like parked right

4 there by the sidewalk.

5 Q. Was the car partially in the alley

6 or was it out on the street?

7 A. In the alley.

8 Q. And the car was pointed toward the

9 north, which was pointed toward Armitage?

10 A. Correct.

11 Q. So that meant that Felix, in the

12 passenger side, was closest to you?

13 MS. ROSEN: Objection. Form.

14 MR. BOWMAN: What's wrong with the

15 form?

16 MS. ROSEN: Felix in the driver's

17 -- you said passenger side.

18 MR. BOWMAN: Oh, I'm sorry. I

19 misspoke. Thanks.

20 Q. So Felix is in the driver's seat,

21 and that means he's in the side of the car

22 closest to you?

23 A. Correct.

24 Q. Why don't you now, with your

25 counsel's help if you could, hold up the

43

1 photograph, and then we'll ask you to indicate

2 with your finger where it is that the car was

3 located.

4 A. (Indicating) in the alley right

5 here.

6 MR. BOWMAN: Hang on just a second

7 so the camera can get that, and Jeff let me

8 know when you have that.

9

10 THE VIDEOGRAPHER: We do.

11 Q. Okay. You can put it down now.

12 MS. ADAMS: You okay?

13 THE WITNESS: Yeah.

14 Q. What exactly was this person all in

15 black doing at that moment when you came out of

16 your apartment?

17 A. Shooting at Felix.

18 Q. Did you see a weapon?

19 A. At the moment, no.

20 Q. How did -- how is it that you knew

21 that he was shooting at Felix?

22 A. Because I heard like a BB gun

23 sounded like -- a BB gun sound.

24 Q. Can you tell me how many shots you

25 heard?

44

1 A. I just heard shots.

2 Q. Fair enough. And, Mr. Lopez, if at

3 some point you just don't know, that's fair

4 enough. I'm not -- it's not a test. I'm just

5 trying to get your best recollection, and I

6 appreciate again the extreme difficulty of this

7 testimony. Thank you for your cooperation.

8 Now, I'm going to show you at this

9 point another photograph, which I'm marking for

10 identification as Exhibit 33, and this also has

11 a Bates number on it and I wrote it down

12 because it's not easy to read on the document.

13 It is Bates number Bluhm, B-L-U-H-M, 045069,

14 and this photograph was taken at least 20 years

15 later, and I'm going to show it to the lawyers

16 and then I'll hand it to you.

17 - - - - -

18 (Thereupon, Deposition Exhibit 33,

19 Photograph, was marked for purposes

20 of identification.)

21 - - - - -

22 Q. Now, recognizing that it's much

23 later, are you able to recognize what's in this

24 photograph?

25 A. Yes.

Case: 1:12-cv-04428 Document #: 313-6 Filed: 09/19/17 Page 12 of 64 PageID #:14829
Chicago, Illinois (312) 263-0052

McCorkle Litigation Services, Inc.

12 (Pages 45 to 48)

45

1 Q. What does this show?

2 A. An alley apartment.

3 Q. And does it, in fact, show your

4 same building, 3320 West Cortland?

5 A. Correct.

6 Q. And in this photograph, are you

7 also able to see that spot where Felix's car

8 was located on that afternoon?

9 A. Yes.

10 Q. And I'd ask you again if you could

11 just hold up Exhibit 33 and point to the

12 location where the car was parked on that

13 picture.

14 A. (Witness complies).

15 MR. BOWMAN: And, Jeff, when you

16 have that, let us know.

17 THE VIDEOGRAPHER: Okay.

18 Q. Okay. When you came out of the

19 building, saw the man with his back to you

20 dressed in black shooting at Felix, what did

21 you do?

22 A. Ran into this -- you can't see it

23 in the picture -- can I show?

24 Q. Sure.

25 A. Right here in this indentation

46

1 right here (indicating), I ran into this

2 indentation, so I had saw the shooter and

3 that's what I did just watched him shoot, and

4 then I ran.

5 Q. At any time did you go to a store?

6 A. Correct, yes, I did.

7 Q. So can you tell me the sequence of

8 events from when you first saw the man dressed

9 in black shooting at Felix until the point when

10 you got to the indentation?

11 A. Well, I saw the gentleman shooting

12 at Felix, with his back turned to me, and I ran

13 into the indentation or the corner, ran to the

14 store, told the store -- the owner of the store

15 they're shooting somebody at the alley, could

16 you call the police? He said whatever, you

17 know, just blew me off and said, you know, I

18 didn't see nothing. As I vividly remember him

19 saying I didn't see nothing. I ran back, and

20 as I go back to the corner, at this time the

21 gentleman shot probably twice more and turned

22 his face towards me. He did not see me. And

23 then he ran towards the car, and as he ran

24 towards the car he again glanced back to see if

25 there was anybody around -- everything is

47

1 coming back like it was yesterday -- and gets

2 in the car and just goes down, drives

3 Spaulding, south of Spaulding -- goes down

4 Spaulding and that's the last time I saw the

5 car and the gentleman.

6 Q. Prior to the point when you

7 returned from the store, before you came --

8 before you got back from the store, were you at

9 any point able to see the shooter's face?

10 A. No.

11 Q. When you first came out of the

12 building, did you know that it was Felix's car

13 at the point in the alley that you indicated

14 for us?

15 A. Yes, I did.

16 Q. And how did you know it was

17 Felix's?

18 A. He was picking up my sister and

19 Moe, my brother-in-law, Israel Valentin, for a

20 wedding.

21 Q. And was Israel upstairs in the

22 apartment at this time?

23 A. As he was shooting him?

24 Q. Yes.

25 A. He was still upstairs, and then I

48

1 like came to -- like I said, got in -- ran into

2 the store and he shot -- Israel came down

3 running, hysterical, and saw his brother shot,

4 screaming, and he just got in the car and

5 started driving it, you know, erratically and,

6 you know, that was pretty much it.

7 Q. I'm going to hand you next a

8 photograph that has a hard to read Bates

9 designation on it. It's Bluhm 045067, and I'll

10 mark it for identification as Exhibit 34, and

11 this photograph was also one that was taken 20

12 years plus after the events.

13 - - - - -

14 (Thereupon, Deposition Exhibit 34,

15 Photograph, was marked for purposes

16 of identification.)

17 - - - - -

18 Q. And your counsel has placed Exhibit

19 34 in front of you, Mr. Lopez, and my question

20 for you is if you can tell me what's shown in

21 that picture.

22 A. The door that I ran out of.

23 Q. Are you --

24 A. Well, the door is not there, but

25 that was the entranceway --

Case: 1:12-cv-04428 Document #: 313-6 Filed: 09/19/17 Page 13 of 64 PageID #:14830
Chicago, Illinois (312) 263-0052

McCorkle Litigation Services, Inc.

13 (Pages 49 to 52)

49

1 Q. That you ran out of?

2 A. Ran out of -- Well, came out and

3 saw him and hid.

4 Q. Then my next question is are you

5 able in that photograph to see the store that

6 you ran to?

7 A. Yes.

8 Q. And can you -- I think probably the

9 easiest thing to do would be to ask you to hold

10 up Exhibit 34 as you have in the past and point

11 for us to the store that you ran to?

12 A. Corner (indicating).

13 Q. And can you tell me what the cross

14 street is at that corner?

15 A. That's Kimball.

16 MR. BOWMAN: Jeff, did you get that

17 okay?

18 THE VIDEOGRAPHER: Yes.

19 Q. How long did it take you to, from

20 the time that you first came out of your

21 building until the point when you got down to

22 the end of the block to the store?

23 A. Everything is quick. It was bam,

24 bam, and that's pretty much all I can tell you.

25 I couldn't tell you it took 10, 15, that I

50

1 cannot tell you. I just remember everything

2 just quick. It seemed like -- it just it was

3 quick to me. Everything was quick and

4 everything that's --

5 Q. Can you describe your emotions at

6 that point in time, how you were feeling?

7 A. I was in -- pretty much shocked

8 like what was going on there I couldn't -- I

9 really didn't know -- at that age as I remember

10 it was just like okay. At the time I didn't

11 have emotions because I was just reacting as I

12 remembered, just reacting I guess.

13 Q. Were you afraid that something

14 might happen to you that you could be hurt?

15 A. Obviously as I look back now that

16 I'm 37 years old then, no, because I was just

17 reacting. Normally if you were scared you

18 would have just ran the other way, never came

19 back to the spot. That's me thinking now, you

20 know, so that --

21 Q. Fair enough. Did you, on your way

22 down to the store, stop at this indentation

23 point in your building or did you go straight

24 to the store first?

25 A. No. First I came down the stairs.

51

1 Minding my -- you know, I was going to go to

2 the store. I saw the gentleman shooting. I

3 heard the noise, you know, the BB gun sound,

4 and when I saw him turning he was, you know, he

5 was like this (indicating) his back. That's

6 when I ran into -- I just went right in, slid

7 there in the indentation and I looked for

8 probably -- it seemed like -- I don't know,

9 just hid there and that's pretty much what I

10 did.

11 Q. And at that point then you went to

12 the store?

13 A. Correct.

14 Q. And then you came back --

15 A. Correct.

16 Q. -- after the store? And tell me

17 where you went after you got back from the

18 store.

19 A. Back to the spot that I hid

20 earlier.

21 Q. All right. And it was at that

22 point when you came back and hid again that you

23 were able for the first time --

24 A. To see his face.

25 Q. -- to see his face. All right.

52

1 Let me hand you next a photograph that is Bates

2 number Bluhm 045062. I've marked it for

3 identification as Exhibit 35.

4 - - - - -

5 (Thereupon, Deposition Exhibit 35,

6 Photograph, was marked for purposes

7 of identification.)

8 - - - - -

9 MS. ROSEN: Did you say 62?

10 MR. BOWMAN: I did.

11 Q. And, Mr. Lopez, I'll represent to

12 you again that Exhibit 35 is a photograph that

13 was taken over 20 years after the events.

14 Recognizing that, are you able to recognize

15 what's shown in that photograph?

16 A. The house that I lived in and the

17 corner that I hid.

18 Q. In that photograph can you also see

19 the place where Felix's car was parked?

20 A. Yes.

21 Q. What I'm going to ask you to do

22 with this photograph is if you could put your

23 initials O.L. at that place in the photograph

24 where you were hiding.

25 A. (Witness complies).

Case: 1:12-cv-04428 Document #: 313-6 Filed: 09/19/17 Page 14 of 64 PageID #:14831
Chicago, Illinois (312) 263-0052

McCorkle Litigation Services, Inc.

14 (Pages 53 to 56)

53

1 Q. And then don't let go of the pen

2 just yet. If you could write the word, car, at

3 the location where Felix's car was?

4 A. (Witness complies).

5 Q. And then I'll ask you, if you could

6 once again, to hold up the photograph, and

7 first I'd like you to indicate with your finger

8 or with the pen if that's easier, first just

9 point to the place where you've written your

10 initials where you were hiding.

11 A. (Witness complies).

12 MR. BOWMAN: Okay, Jeff?

13 THE VIDEOGRAPHER: Yes.

14 Q. All right. And then before you put

15 it down, if you could then next point to the

16 place where the car was located?

17 A. (Witness complies).

18 Q. And that's at the alley at the end

19 of the building; yes, sir?

20 A. Correct.

21 Q. Thank you very much.

22 Now, when you came back to your

23 hiding place for the second time, tell us what

24 you saw.

25 A. Repeat the question again.

54

1 Q. When you came back to your hiding

2 place for the second time, coming back from the

3 store, tell us what you saw.

4 A. The gentleman that I -- I ran back

5 to the corner because the gentleman was not

6 done shooting Felix, and then when he turned --

7 he finally finished pretty much, and then when

8 he turned around just looked around to see if

9 there was any witness I assume, eye witness,

10 and then he ran before he got into the car that

11 he got away with he also turned again, and then

12 got in the car and they left.

13 Q. All right. Now, when he turned

14 around the first time, for how many seconds

15 were you able to look at his face?

16 A. Felt like an eternity. He looked.

17 Let's just say he looked, put his gun in, ran

18 to the car, he looked before he got into the

19 car, he looked again, and I was able to see his

20 face. Like I said, it felt like an eternity,

21 enough to see his face just put it that way.

22 Q. What can you tell me about his

23 face?

24 A. Hispanic and like a olive color,

25 you know, just a olive color. He was -- looked

55

1 like Puerto Rican to me with his hair and still

2 wearing the jacket and --

3 Q. Other than that he was Hispanic and

4 olive colored, is there anything else you can

5 tell us about his face?

6 A. It's like I said, I just like --

7 his face is imprinted in my face -- in my

8 brain. I cannot get it out of my face as we

9 speak and as we bring up all this stuff that's,

10 you know, the past that I hate to talk about,

11 and brown hair, you know, brownish hair, you

12 know, like the dark hair and that was pretty

13 much all I could tell you.

14 Q. Have you now told me everything

15 that you can about the way his face looked?

16 A. Yes.

17 Q. Now, you say that he ran away.

18 Which direction did he run?

19 A. He ran north -- no, I apologize,

20 east.

21 Q. And is that toward you or away from

22 you?

23 A. Away from me.

24 Q. And what was he running toward?

25 A. A car.

56

1 Q. Can you describe the car that he

2 was running toward?

3 A. If my mind serves me right in the

4 sense of the car, it was like either a blue or

5 a brown -- it was just like I said it was a

6 Chevy I'm assuming -- no, I'm not assuming. It

7 was a Chevy. As far as the color goes, that I

8 don't recall. If I recall I said brown and

9 then I said blue, but that just vividly just --

10 but I remember it was like a Chevy.

11 Q. And was someone else in the car?

12 A. Of course the guy that was driving.

13 He got in the passenger side and the get away

14 -- the guy that was driving to get away.

15 Q. Did you ever see the man who was

16 driving the car?

17 A. No.

18 Q. Do you know whether it was a man or

19 a woman?

20 A. That I couldn't tell you because I

21 never saw the individual inside the car.

22 Q. Now, where was the car as this man

23 wearing black was running toward it?

24 A. Where is the other picture at?

25 See, this where the white car is at facing west

Case: 1:12-cv-04428 Document #: 313-6 Filed: 09/19/17 Page 15 of 64 PageID #:14832
Chicago, Illinois (312) 263-0052

McCorkle Litigation Services, Inc.

15 (Pages 57 to 60)

57

1 double parked -- do you want me to just show

2 you right here so that way I can see where I'm

3 pointing at.

4 Q. Yeah.

5 A. Where the white car is at, the

6 location facing the double -- you know, the car

7 is still facing this way (indicating). Their

8 car was facing east, and it was parked right

9 there (indicating).

10 Q. May I see the photograph, please?

11 A. Yeah.

12 Q. So if you had to estimate, how many

13 car lengths down the street was the getaway car

14 from the alley?

15 A. Where the car is at probably one.

16 Q. The white car that you indicated is

17 the one shown in Exhibit 35 here?

18 A. Correct.

19 MR. BOWMAN: I don't know, Jeff,

20 did --

21 A. Did you catch that?

22 MR. BOWMAN: Did you catch that?

23 MS. ROSEN: Can I see the photo?

24 A. She wants to see the picture.

25 MR. BOWMAN: Absolutely.

58

1 Q. Where in relation to the get away

2 car was the man standing when he turned around

3 the second time?

4 A. Getting in the car.

5 Q. So he was standing right by the

6 car?

7 A. Correct.

8 Q. And when he turned around the

9 second time, for how many seconds did you see

10 his face then?

11 A. Just good enough time, but that I

12 can -- like I said, everything was quick in an

13 instant, so I would see his face he looked

14 vividly real good to look around and then got

15 into the car.

16 Q. Is there anything additional that

17 you saw about his face the second time that you

18 hadn't noticed the first time?

19 A. No, the same thing, and pretty much

20 that's it.

21 Q. As you looked at this individual

22 dressed in black who turned around at least two

23 times, did you recognize him as somebody you

24 had seen before?

25 A. Prior to the shooting no.

59

1 Q. Did you recognize him as somebody

2 you had seen playing baseball at Humboldt Park?

3 A. No.

4 MR. BOWMAN: I'd like to take a

5 short break at this point.

6 THE VIDEOGRAPHER: Off the record.

7 The time is 12:01.

8 (Recess taken 12:01 p.m.)

9 - - - - -

10

11 THE VIDEOGRAPHER: Back on the

12 record 12:18.

13 (Deposition resumed 12:18 p.m.)

14 Q. Mr. Lopez, did there come a point

15 where you saw the gun in the shooter's hand?

16 A. Show me the gun. At one point I

17 did show -- I did see the gun.

18 Q. Can you tell us at what point that

19 was?

20 A. When I was in the -- as he turned

21 to look and as he went to put it away.

22 Q. And that was the first time that he

23 turned around?

24 A. Correct.

25 Q. Is that the only time that you saw

60

1 the gun?

2 A. That was the only time.

3 Q. Now, I want to turn with you to the

4 discussions you had with the police about the

5 case.

6 Can you tell me what the first

7 contact was, the very first, that you had with

8 any police officers about Felix's shooting?

9 A. It was at nighttime.

10 Q. On the same day?

11 A. Same day.

12 Q. Tell me what you remember.

13 A. I remember there was -- it was a

14 raucous in the house with all the cops in

15 there, one of the blues, you know -- because I

16 called them back in the day the blue boys, and

17 they started asking me questions, whether they

18 shot the -- did I saw the shooting and I said

19 yes. And they said who, and I said, you know,

20 I refer -- I said there was -- they asked me

21 what direction did the car go, and I said the

22 other way and I said they were Latin Kings that

23 did it, Latin Kings that did it.

24 And that's when they started

25 bringing me pictures, as I recall, and I

Case: 1:12-cv-04428 Document #: 313-6 Filed: 09/19/17 Page 16 of 64 PageID #:14833
Chicago, Illinois (312) 263-0052

McCorkle Litigation Services, Inc.

16 (Pages 61 to 64)

61

1 started seeing books of the Latin Kings, and as

2 I saw them -- I'm assuming two books I went

3 through probably or -- and then I finally

4 pointed out Jacques Rivera at the point because

5 he, you know, resembled the shooter at the

6 time, and that was pretty much it.

7 They asked me are you sure? Are

8 you sure? And at the moment I said yes, I was

9 sure that he was the shooter at that time. And

10 they went from there.

11 Q. I've actually skipped over one

12 thing. When the shooter got into the car, what

13 direction of travel did the car take?

14 A. Went east and then turned south.

15 Q. And did that have any significance

16 to you at that time?

17 A. At the time that's the reason why I

18 assumed they were Latin Kings that did the

19 shooting.

20 Q. And tell me why was that?

21 A. Because the gang that my

22 brother-in-law was in, they were, you know,

23 Maniac Campbell Boys, so I was, you know -- the

24 assumption was, okay, they were the ones

25 because they were watching probably, and that's

62

1 when they head down to the -- the reason why

2 the assumption came about was the fact that

3 they went down south on Spaulding.

4 Q. And what was significant about

5 that?

6 A. That was the territory of the Latin

7 Kings.

8 Q. Other than the fact that Felix,

9 your -- did you refer to Felix as your

10 brother-in-law?

11 A. No. My brother-in-law was Israel

12 Valentin.

13 Q. Other than the fact that Felix was

14 a Campbell Boy and the car went off down

15 Spaulding to the south, is there any other

16 thing that made you conclude that the shooter

17 was a Latin king?

18 A. His hair, the color of his hair.

19 Q. Tell me about that.

20 A. In Chicago Latin Kings wear their

21 black and yellow, they -- you know, that's

22 their pride. They proudly wear their colors,

23 and that was another way of showing their

24 affiliation of their gang.

25 Q. And what was it about the shooter's

63

1 hair that connected up to that -- to those gang

2 colors?

3 A. They were pretty much the similar

4 colors they had on. They were black and yellow

5 on his -- he had a ponytail. I call it a

6 mullet now and it was just dyed back there,

7 dyed the color yellow or -- it was yellow to

8 me, so --

9 Q. It appeared to be a yellow dye of

10 the hair?

11 A. Correct.

12 Q. Anything else about the hair that

13 you noticed?

14 A. That was it.

15 Q. Now, on that first night, did you

16 talk to any police officers outside of your

17 apartment?

18 A. No, I did not.

19 Q. The only police officers you talked

20 to --

21 A. Were inside.

22 Q. -- were inside?

23 A. Inside correct.

24 Q. I know you said that you talked to

25 some uniformed officers, which you referred to

64

1 as blue boys, did you talk to any officers that

2 first night who were not in uniform, who were

3 wearing plainclothes?

4 A. That I do not recall. I just

5 remember blue boy -- you know, the uniform

6 officers.

7 Q. Now, I need to be clear with you

8 about one thing, okay, and I'm not trying to

9 suggest one thing or another. I just want to

10 understand. Sometimes we say, you know, I

11 don't remember something, and I'm saying I

12 don't remember because I'm telling you I don't

13 remember that. I don't know if that happened.

14 Another time we say I don't

15 remember is when, you know, it could have been,

16 maybe, maybe not, I'm just not sure, I don't

17 remember. In terms of the question I just

18 asked about talking to nonuniform police

19 officers, which is it, I don't remember, maybe,

20 or I don't remember because I'm pretty sure

21 not?

22 A. Blue boys, that's what I remember

23 talking to, blue boys.

24 Q. All right. Fair enough. Was there

25 one officer in particular that you talked to or

Case: 1:12-cv-04428 Document #: 313-6 Filed: 09/19/17 Page 17 of 64 PageID #:14834
Chicago, Illinois (312) 263-0052

McCorkle Litigation Services, Inc.

17 (Pages 65 to 68)

65

1 sat down with you?

2 A. Look, I'm going to tell you right

3 now what I remember was it was chaotic in my

4 home. There was a lot of people in and out of

5 my apartment, and all I remember just the

6 officers that were in my home. They were

7 asking me questions. They were showing me

8 pictures. And they were just showing me the

9 pictures of who, what, where, and why, and how,

10 and because, and I answered those questions at

11 the time to the best of my ability at the time.

12 That's when I was a young child.

13 Q. And so just to be clear, you told

14 them what you had seen.

15 Did you tell them what you had seen

16 just as you recounted it here a few minutes

17 ago?

18 A. Correct. I told them exactly what

19 I told you which direction they went, what he

20 was wearing, it sounded like a BB -- you know,

21 just tell them everything I knew at the time,

22 what I saw.

23 Q. Any difference between what you

24 testified here this morning and what you told

25 those uniformed officers that night?

66

1 MR. GIVEN: Objection. Form.

2 A. Only thing just like I said at the

3 moment and what was presented me at the time

4 was the pictures of the Latin Kings. I pointed

5 out to the Latin Kings. And I told them the

6 direction they went. And that was pretty much

7 it.

8 Q. Did they -- let me ask you this.

9 As best as you can remember, I understand it

10 was chaotic and it's been long time ago and

11 that you were young at the time. I just need

12 to ask, and if you can't say any more than what

13 you've said, that will be fine, but I do need

14 to ask.

15 Can you, as best you can describe

16 it, tell me what they asked you about the

17 shooter?

18 A. What they asked me was just are you

19 sure? They asked me, did you see the shooter?

20 I said yes. When I said yes they said who was

21 it, what gang -- they asked me no gangs. I'm

22 the one that pointed out the gang. Once I

23 pointed out the gang, then they addressed me to

24 the books and from the books I pointed out the

25 individual and then after that, that was said

67

1 and -- that was pretty much -- we nipped it in

2 the bud right there that night.

3 Q. Now, how much time went by between

4 when you said I believe the guy is a Latin King

5 and they showed you the books? Did they have

6 to go get the books from someplace?

7 A. Honestly I don't recall where they

8 got the books somewhere or not. I just knew

9 they had books and -- like I said, I remember

10 telling my sister who did it. She came back

11 with the cops because that's when -- you know,

12 that's when they came back and I recall my

13 sister being in there. And that's where we

14 went from.

15 And at the time my mother was very

16 upset at me. She was just telling me to shut

17 up, don't say nothing, and that's how

18 everything went about.

19 Q. So when you say your sister, which

20 sister are you referring to?

21 A. Marilyn Lopez.

22 Q. And what was the conversation

23 between you and Marilyn?

24 A. I just told her who did it and that

25 was enough said, and then that's when she --

68

1 everything -- that's when all the cops came

2 that night, and I was doing my part to help the

3 police.

4 Q. And to be clear, when you told

5 Marilyn who did it, what did you say to her?

6 A. I know who did it. I know who did

7 it. That was it.

8 Q. And was that -- and what did you

9 mean by that, that you knew the name of the

10 individual or what?

11 A. No, not the -- I didn't know the

12 individual. I just said I know who did it and

13 before the -- before it led up to the cops

14 coming to my house she ran -- she actually

15 walked towards the east to go to Campbell and

16 LeMoyne to go with her husband -- well, they

17 never got married, but Moe, her boyfriend, to

18 go -- because she was hysterical and she walked

19 all the way towards Campbell, and that's why I

20 just remember her walking, and the direction

21 she was walking was to go to the neighborhood

22 of Campbell and LeMoyne to be with her -- to be

23 with him and the family. That's what I'm

24 assuming she did, and that's pretty much what

25 happened then, pretty much.

Case: 1:12-cv-04428 Document #: 313-6 Filed: 09/19/17 Page 18 of 64 PageID #:14835
Chicago, Illinois (312) 263-0052

McCorkle Litigation Services, Inc.

18 (Pages 69 to 72)

69

1 Q. Did the police come back with her

2 then later on?

3 A. I just remember her being there.

4 Q. Now, will you describe the books

5 that were brought to your home that you looked

6 at, just best description you can give other

7 than that?

8 A. They were like that (indicating).

9 What is that called, binders? They were

10 binders full of pictures in them.

11 Q. And you're indicating a binder

12 that's here on the table, and obviously didn't

13 completely resemble the binder, we understand

14 that, but it looks somewhat like that?

15 A. Somewhat like that.

16 Q. And it was like a loose leaf

17 binder with --

18 A. Correct, where you flip the pages

19 and you was able to see through it.

20 Q. The binder that you've indicated on

21 the table here is maybe about two and a half,

22 three inches thick, is that similar to the

23 binders that you looked at on the night Felix

24 was shot?

25 A. Yes.

70

1 Q. Can you estimate how many pages

2 were in the binder?

3 A. That I can't tell you. I don't

4 want to assume what was in there and what was

5 not. I just -- like I said, I saw just saw the

6 pictures and it was a nice thick binder and

7 there was a lot of pictures in them.

8 Q. How many binders did you look at?

9 Actually, before I ask you that let me ask you

10 this.

11 How many binders were brought to

12 your home?

13 A. There was a few.

14 Q. Were there more binders brought to

15 your home than you looked at?

16 A. All I could tell you is, if my

17 memory serves me right, when that event

18 happened I think I saw one or one -- either one

19 or two at the most, tops two, that -- that way

20 if my mind serves me right.

21 Q. What did they say to you about the

22 binders?

23 A. That I don't remember what they

24 told me. They just showed me here's the Latin

25 Kings and that was it. That's all I remember.

71

1 Q. So they told you that there were

2 Latin Kings in the binders?

3 MR. GIVEN: Objection.

4 Mischaracterizes his testimony.

5 A. They never told me they were Latin

6 Kings. I'm the one that -- I was the one that

7 said they were Latin Kings, and they brought me

8 the books. And in the binder were just Latin

9 Kings in there. Nobody told me, yeah, these

10 are the books of the Latin Kings. They never

11 said that.

12 Q. Got it. My apologies. I don't

13 want to mischaracterize anything.

14 So what made you conclude that

15 there were pictures of Latin Kings in the

16 binders?

17 A. Because I said that the suspect was

18 a Latin King, that did the shooting, and that's

19 a Latin King, so they brought me a book of

20 Latin Kings.

21 Q. And that was just your assumption?

22 A. Correct.

23 Q. Fair enough.

24 And did somebody sit with you while

25 you were looking at the pictures in the books?

72

1 A. There were cops all around me.

2 Q. Was there a -- did you sit at a

3 table?

4 A. No. I was at a chair.

5 Q. And were you talking to a police

6 officer as you were looking at the books?

7 A. They let me be and let me -- just

8 take your time. Just look at the pictures.

9 Q. How long did you look at pictures

10 for?

11 A. Remember I was a child. I can't

12 really tell you an hour or two. I cannot tell

13 you that. I just remember looking through some

14 and picking out Jacques Rivera.

15 Q. Can you estimate how many pictures

16 you looked at?

17 A. If you want me to give you a

18 number, I cannot give you a number.

19 Q. Can you ballpark it for me?

20 A. Probably -- let's just say I went

21 through a book. I don't want to assume it. I

22 don't want to say that I did how many. I don't

23 want to do that. I want to be clear to what I

24 said. I don't want to add on or take away. I

25 don't want to do that. I want to stick to what

Case: 1:12-cv-04428 Document #: 313-6 Filed: 09/19/17 Page 19 of 64 PageID #:14836
Chicago, Illinois (312) 263-0052

McCorkle Litigation Services, Inc.

19 (Pages 73 to 76)

73

1 I remember, and that's what I remember just

2 going through a book of pictures of Latin Kings

3 and once I came to that -- when I saw the

4 individual, which was Jacques Rivera, I pointed

5 him out and they asked me are you sure? Are

6 you sure? And my response was yes, I am.

7 Nobody pressured me to doing anything. I just

8 went based on what I felt and what I saw and

9 the resemblance of Jacques Rivera.

10 Q. What was it about the picture of

11 Jacques Rivera --

12 A. His hair in the picture that they

13 showed me -- that I saw. They didn't show me.

14 I saw. They brought to me and I saw that it

15 was -- the hair was the similar hair style.

16 Q. Other than the hair, was there

17 anything else about --

18 A. To me they resembled --

19 Q. Hang on. You've got to let me ask

20 the question before --

21 A. I apologize.

22 Q. No worries. Other than the hair,

23 was there anything else about Jacques Rivera's

24 appearance in the photograph that caused you to

25 select his picture?

74

1 A. He looked like the shooter.

2 Q. Can you point -- I realize that.

3 Can you point to anything else?

4 A. The hair and the way his features

5 were.

6 Q. Can you say anything about the way

7 his features were?

8 A. He have olive skin at the time --

9 he looked olive skinned in the picture also and

10 that's what he looked like.

11 Q. Anything else that you can report?

12 A. No.

13 Q. Now can you describe the officer

14 who said to you are you sure, are you sure,

15 after you pointed to Jacques Rivera's picture?

16 A. That I cannot tell you because I do

17 not remember who it was.

18 Q. Was this an officer with a uniform

19 on?

20 A. Yeah, all the officers was around

21 me.

22 Q. Were there a number of officers

23 around you as you were looking at the pictures?

24 A. Correct.

25 Q. Do you remember anything that any

75

1 officer said to you while you were looking at

2 the pictures before you got to Mr. Rivera's

3 picture?

4 A. I don't remember that.

5 Q. After the officers asked you are

6 you sure, are you sure, and you said yes, what

7 other conversation was there between you and

8 the police that night?

9 A. They would be in contact. They

10 would be in contact.

11 Q. Did they say anything else to you

12 at all?

13 A. That I don't -- like I said, I

14 don't -- I just remember picking out. They saw

15 who it was -- they pointed out -- my vivid --

16 the memory of it was after I did all that they

17 left and any conversation was probably with my

18 mother.

19 Q. All right. Now, when after this

20 occasion is the very next time that you had any

21 interaction with any Chicago police officer

22 about Felix's shooting? What's the next thing

23 that happened?

24 A. The next person that came into as

25 far as another officer was a detective, the

76

1 detective. I don't remember his name, but I

2 remember the feature. He had like, you know, a

3 fro with some glasses, and he was the only one

4 that was talking to me after that.

5 Q. When you say fro, do you mean --

6 you mean like the kinky hair --

7 A. Yeah, you want to call it kinky,

8 yes.

9 Q. I don't want to disrespect anybody;

10 okay?

11 A. No, you --

12 Q. If that's not a word that you would

13 use, I don't want to --

14 A. I know, that's why I'm saying fro.

15 Q. Fro, okay. And how long was his

16 fro?

17 A. Just a regular nice, you know,

18 trimmed -- not trimmed, but, you know, it was a

19 nice height. You know, he had a fro.

20 Q. And did he have any facial hair?

21 A. Yeah, mustache.

22 Q. And you said he wore glasses?

23 A. Correct.

24 Q. And what was he light skinned or

25 dark skinned?

Case: 1:12-cv-04428 Document #: 313-6 Filed: 09/19/17 Page 20 of 64 PageID #:14837
Chicago, Illinois (312) 263-0052

McCorkle Litigation Services, Inc.

20 (Pages 77 to 80)

77

1 A. Light skinned.

2 Q. Now, you say that he was the

3 officer who was dealing with you after that?

4 A. Correct.

5 Q. When -- did you see that -- we'll

6 call him the officer with the fro; okay?

7 A. I'm just going to call him

8 detective, just refer to him as detective.

9 Q. The detective?

10 A. Yes.

11 Q. Did you have any interaction with

12 the detective on that first night when you were

13 looking at gang books?

14 A. I don't recall that day. I just

15 recall the officers.

16 Q. Fair enough. I was just checking.

17 Now, so when is the first time that

18 the detective showed up and what happened?

19 A. Now that I sit back and see the

20 time, man, I just recall being in his car,

21 going to the lineup. That's the only thing I

22 can remember him prior to the shoot -- you

23 know, after the shooting to take me to the

24 lineup if my memory serves me right.

25 Q. Now, you've testified earlier today

78

1 that there were two line ups, is it the first

2 or the second?

3 A. First and second -- it was -- like

4 I said, after that he was the one that I was

5 talking to after. You know, first and second

6 and pretty much it.

7 Q. Now, what do you remember about him

8 as you remember back to the first lineup that

9 you saw, what do you remember happening, just

10 tell us as best you can recall?

11 A. About him?

12 Q. About any interactions that you had

13 with him in connection with that first lineup?

14 A. Nothing out of the ordinary. You

15 know, just -- you know, you did a great jo- --

16 you know how -- they were ensuring me that

17 nothing was going to happen to me, and that was

18 pretty much that I remember and that was it

19 pretty much. Nothing -- he didn't -- he didn't

20 say nothing out of the ordinary, just --

21 Q. You -- I believe you started to say

22 that he told you you did a great, and then you

23 stopped.

24 Can you recall him saying something

25 about -- along those lines?

79

1 A. He was just, you know --

2 MR. GIVEN: Objection. Form.

3 A. He was just saying, you know, in

4 the sense of, you know, you did your job. You

5 know, I'm just telling you what -- like to

6 ensure me everything was going to be okay with

7 me. That was it pretty much.

8 I can't tell you if he said -- I

9 don't want to put words saying great or not,

10 but in the lines of, you know -- what's the

11 word I'm looking for here, I apologize, just

12 assuring me everything was going to be fine,

13 and you know, you did a -- in other words you

14 did a good job. I'm not saying he said that,

15 but I'm just saying in that line of

16 conversation.

17 Q. So without recalling the words that

18 he used he conveyed to you in substance that

19 you had done a good job?

20 A. Yes.

21 Q. And who is the officer who drove

22 you to the first lineup?

23 A. I cannot remember who drove. I'm

24 just saying that I remember him. To say it was

25 him, you know what I mean? I just remember

80

1 being there. Like I said, after the lineups

2 and all that stuff, I knew he was there and he

3 was always ensuring me everything was going to

4 be fine. You know, nothing was going to happen

5 to me because I was afraid of the area at the

6 time and stuff like that, so --

7 Q. Did someone come to your home and

8 ask you to look at the first of the two lineups

9 that you saw, do you recall that at all?

10 A. I don't recall that.

11 Q. What do you remember about that

12 first lineup? Do you remember where it took

13 place?

14 A. I just remember being inside of

15 this -- the location I can't tell you that. I

16 don't remember that. I just remember being

17 inside the building. They put the gentleman

18 inside the line and I was inside and I pointed

19 out the -- I pointed out Jacques Rivera the

20 first time.

21 Q. When you say the building, what

22 building do you mean?

23 A. The station, police station.

24 Q. Was a police officer with you while

25 you were looking at the lineup?

Case: 1:12-cv-04428 Document #: 313-6 Filed: 09/19/17 Page 21 of 64 PageID #:14838
Chicago, Illinois (312) 263-0052

McCorkle Litigation Services, Inc.

21 (Pages 81 to 84)

81

1 A. There was family member -- I think

2 it was just -- yeah, there was a detective in

3 there.

4 Q. And was the detective who was in

5 there as you were looking at the lineup, was

6 that the detective that you mentioned before?

7 A. I just remember a detective being

8 in there and if -- my brother-in-law's father

9 was also in there also with me.

10 Q. Felix's father?

11 A. Correct. And that's all I

12 remember.

13 Q. All right. Is it your testimony

14 that you don't remember which detective it was

15 who was in there?

16 A. Yeah, I just don't remember the

17 detective that was in there. I just remember

18 there was detectives in there, and I just

19 remember Israel's father. That I do remember.

20 Q. You said Angel's father?

21 A. Israel.

22 MS. ROSEN: Israel.

23 Q. I'm sorry, I misheard you.

24 Can you tell me anything about the

25 setup where you looked at the lineup? Were you

82

1 in the same room with the guys in the line or a

2 different room?

3 A. Different room.

4 Q. Tell me what was between you and

5 the guys.

6 A. Glass.

7 Q. Was it like a two-way mirror?

8 A. Yes.

9 Q. Now, you say you picked out Jacques

10 Rivera, how do you know you picked out Jacques

11 Rivera?

12 A. Because I pointed him out.

13 Q. How do you know that it was Jacques

14 Rivera who you picked out?

15 A. Like I said, the picture, then I

16 saw him and then that was him.

17 Q. After you picked out Jacques

18 Rivera, the person you believed was Jacques

19 Rivera, did --

20 MR. GIVEN: Objection. Form.

21 Mischaracterizes his testimony.

22 MS. ADAMS: Uh-oh, just throw it.

23 MR. GIVEN: I would love to.

24 Q. After you picked out the person you

25 believed was Jacques Rivera, did you --

83

1 MR. GIVEN: Same objection.

2 MR. BOWMAN: I didn't finish the

3 question.

4 MR. GIVEN: Okay.

5 Q. After you picked out the person you

6 believed was Jacques Rivera, did the police say

7 anything to you?

8 MR. GIVEN: Objection. Form.

9 A. First and foremost it was not I

10 believe. I knew it was him. And I just

11 remember picking him out, telling him that was

12 him. They asked me for sure. I said yes, that

13 was him. And that night was over with for me.

14 I was driven back home and that was it.

15 Q. Who was the person who asked you if

16 you were sure?

17 A. The whoever was in the room as far

18 as the detective. I just don't remember which

19 detective it was.

20 Q. Do you know how long you spent at

21 the police station the night of the first

22 lineup?

23 A. No, I do not remember.

24 Q. Is there anything else that you

25 remember about that first lineup that you

84

1 haven't told us?

2 A. I just remember that. That was it.

3 Q. On that night that you went the

4 first time to look at the lineup, did the

5 police conduct an interview of you? Did they

6 ask you questions again about what you had

7 seen?

8 MR. GIVEN: I'll object. Form.

9 A. I don't recall that -- I don't

10 recall that conversation. I just remember

11 picking out the -- Jacques Rivera and going

12 about my business, going home. I don't

13 remember no conversations after that. None of

14 that stuff I don't recall.

15 Q. How about before, were you asked

16 any questions?

17 A. No, I don't remember about any --

18 Q. Now, after you picked out the

19 person you've testified was Jacques Rivera --

20 MR. GIVEN: Object. I'm sorry,

21 I'll let you finish your sentence.

22 Q. After you picked out the person who

23 you testified was Jacques Rivera, did anything

24 happen to cause you to doubt your

25 identification?

Case: 1:12-cv-04428 Document #: 313-6 Filed: 09/19/17 Page 22 of 64 PageID #:14839
Chicago, Illinois (312) 263-0052

McCorkle Litigation Services, Inc.

22 (Pages 85 to 88)

85

1 A. No.

2 MR. GIVEN: Objection. Form on a

3 few different levels, but objection, form. You

4 can answer, go ahead.

5 A. No.

6 Q. Was there an occasion in the

7 vicinity of First and School?

8 A. Okay. I know where you're going

9 with this question, and I'm going to answer you

10 the way I answered everybody else.

11 The first one I pointed out Jacques

12 Rivera. After that happen, after it was all

13 said and done, now I'm walking down Armitage

14 going to my father's house --

15 Q. Okay. Time out.

16 A. Okay, because I know the question

17 you're asking me, I don't know if you're trying

18 to put words in my mouth. I feel that's the

19 way you're going about it, and I want to stick

20 to what I said and this is -- you know, I

21 apologize to everyone. I'm getting upset about

22 it. I just want to stick to what I just said

23 and what I remember exactly.

24 Like I said, the first time this is

25 what I said. I said it was him. There was

86

1 nothing after that. That was it. I went

2 straight home, and end of story on that one.

3 Q. I've got that. And I'm not trying

4 to suggest that you're saying anything

5 different or to make you say anything

6 different. I've got what you're saying.

7 I'm asking you after that was all

8 said and done, did something happen to cause

9 you to change your feelings about the case?

10 That's all I'm asking.

11 A. Well, you --

12 Q. And the other way I can ask it is

13 was there a time where you were going by First

14 and School on your way to your father's house

15 when you saw something? That's all I'm trying

16 to get. I'm just trying to get you to --

17 MR. GIVEN: Hold on. I object to

18 the form of the question. That wasn't even a

19 question, Locke. You're having a conversation

20 with him and telling him I could ask you this

21 way. I can ask you that way. That is improper

22 questioning for this deposition. If you have a

23 question, ask it.

24 Q. Okay. Let me ask this question

25 then. Did anything unusual happen near First

87

1 and School after -- a few days after that first

2 lineup --

3 MR. GIVEN: Objection. Form.

4 Q. -- about this case?

5 MR. GIVEN: Objection. Form. You

6 can answer.

7 MR. BOWMAN: What's wrong with the

8 form?

9 MR. GIVEN: Objection. Form. I

10 didn't like some of the words that you used.

11 If you want me to make speaking objections,

12 I'll be happy to, I was --

13 MR. BOWMAN: If you have an

14 objection as to form, I was going to try to

15 cure it because I didn't think there was.

16 MR. GIVEN: I thought asking was

17 there anything unusual that happened in the

18 next few days was an objectionable -- a form

19 objection.

20 MR. BOWMAN: Okay. Well, let me

21 try a different question. I don't want to make

22 this anything more than it has to be.

23 BY MR. BOWMAN:

24 Q. Do you remember seeing somebody

25 that you connected with the shooting after that

88

1 first lineup?

2 A. After the lineup?

3 Q. Yes, sir.

4 A. Yes.

5 Q. Okay. Can you tell me about that,

6 please?

7 A. Well, after the lineup, you know, a

8 couple things happened. I ended up walking

9 down on my way to go down Armitage, First and

10 School, Armitage and Central Park, I saw the

11 gentleman that actually shot my

12 brother-in-law's brother, Felix, and saw him

13 shake up with another member of this gang,

14 which was the Imperial Gangsters and right

15 there and then I knew I made a mistake and I

16 ran for my life, because I was scared at the

17 time and I just ran. I just remember running,

18 you know, because I was just scared.

19 Q. Can you tell me just in terms of

20 where on the street, the best estimate you have

21 of the address where you saw this guy?

22 A. It was right there by a hotdog

23 stand on Central Park and Armitage across the

24 street from Funston School. I was across the

25 street. He was on the other side. Where is

Case: 1:12-cv-04428 Document #: 313-6 Filed: 09/19/17 Page 23 of 64 PageID #:14840
Chicago, Illinois (312) 263-0052

McCorkle Litigation Services, Inc.

23 (Pages 89 to 92)

89

1 that at? So I can give you a better

2 description here, he was on the north side of

3 Armitage and I was on the South Side of

4 Armitage over the -- you know, on the other

5 side of it, and I saw him there shaking hands

6 with his other gang member.

7 Q. Were you directly across the street

8 from him?

9 A. Correct.

10 Q. How far would you estimate you were

11 across Armitage at that time?

12 A. Like from here to -- you open up

13 the door where the lady is sitting, that's how

14 -- you know, the streets are not that wide, so

15 I'm over here (indicating), like right about

16 over in that corner.

17 Q. So indicating maybe 30 feet,

18 something like that?

19 A. I guess.

20 Q. And what was it about this guy that

21 caused you to immediately recognize that he was

22 the shooter?

23 A. Son of a -- excuse my language.

24 Not you. He was wearing the same black jacket,

25 same tail, same hair style. Man, that's when I

90

1 knew that was the individual.

2 Q. Was that individual that you saw at

3 that location Jacques Rivera?

4 A. Oh, no, that was not Jacques

5 Rivera, no.

6 Q. Other than the hair style, the

7 clothes, and in particular the fact that he was

8 wearing the same jacket, was there anything

9 else about him that caused you to immediately

10 recognize he was the shooter?

11 A. Just the face. I just recognized

12 his face vividly.

13 Q. Did you see him do anything?

14 MR. GIVEN: Objection. Form.

15 A. Just handshake with his other gang

16 member. That was it.

17 Q. Can you describe the handshake?

18 A. Do I really got to throw gang

19 signs, man?

20 Q. I'm afraid I have to ask you to,

21 yes, sir.

22 MS. ADAMS: I don't know who you're

23 going to do it with because I'm not doing it

24 with you.

25 A. Well, like this (indicating)

91

1 Imperial Gangsters.

2 Q. So did you immediately recognize

3 that as Imperial Gangsters handshake?

4 A. Yes.

5 Q. And what, does one individual press

6 his index finger against the other individual's

7 index finger together with the thumb and the

8 third finger?

9 A. You're throwing up a diamond, but

10 no.

11 Q. I don't --

12 A. If you want a history of gang signs

13 I can do that. You know, if you want me to put

14 handshakes up, I mean they're gangsters. I

15 know the difference between that. I mean, I

16 was a gang member myself.

17 Q. Okay. I don't. All right?

18 A. I understand that, but I just feel

19 like I'm being antagonized with this question.

20 I apologize.

21 Q. I --

22 A. The Imperial Gangsters, there's no

23 point picking black and yellow. I know the

24 difference from the gang. Simple as that. It

25 was a gangster.

92

1 Q. And, Mr. Lopez, I know that you

2 know it. I know that I don't know it, and I'm

3 guessing the folks on the jury are not going to

4 know it either, and that's why I'm asking you

5 so I'm asking you to explain to the folks who

6 are going to hear this case. That's the only

7 reason I'm asking you. I don't want --

8 A. I just look like a fool here --

9 MS. ADAMS: No, you don't.

10 A. -- doing what I'm doing here

11 throwing gang up signs. I hate gangs. They

12 destroyed my life. They destroyed a lot of my

13 family members' life. And for you to just come

14 and tell me to throw up gang signs, man, you

15 just don't know.

16 MS. ADAMS: So we're going to take

17 a break.

18 MR. GIVEN: That's a good idea.

19 A. I hate gangs.

20 MS. ADAMS: Come on.

21

22 THE VIDEOGRAPHER: Off the record

23 12:53.

24 (Recess taken 12:53 p.m.)

25 - - - - -

Case: 1:12-cv-04428 Document #: 313-6 Filed: 09/19/17 Page 24 of 64 PageID #:14841
Chicago, Illinois (312) 263-0052

McCorkle Litigation Services, Inc.

24 (Pages 93 to 96)

93

1 THE VIDEOGRAPHER: Back on the

2 record. The time is 1:00.

3 (Deposition resumed 1:00 p.m.)

4 Q. At the point that you saw this

5 fellow on the other side of Armitage throwing

6 up the gang sign wearing the same black coat,

7 did you realize at that point that the guy you

8 had picked out from the gang books at your home

9 a few nights before had not actually been the

10 shooter?

11 A. Correct.

12 Q. Now, after this seeing this guy on

13 Armitage, when is the next thing that happened

14 with the police in this case that you remember?

15 A. Well, what I remember is going to

16 the second lineup, I'm assuming is the second

17 lineup. It is the second lineup and talking --

18 you know, not talking, but just going there

19 knowing that it was the wrong guy. And then I

20 started telling some, either a lady or a man,

21 it's the wrong guy. It's the wrong guy. And

22 they said, well, don't be afraid. Everything

23 is going to be all right. And I just -- okay,

24 you know, kept on saying it was the wrong guy

25 and nobody really -- they didn't force me to

94

1 say okay, no, you're going to stick to your

2 story. That was never the case.

3 The case was that, you know, they

4 thought I was just afraid for my life, and they

5 were just assuring me that everything was going

6 to be okay. So at that moment me, myself and I

7 stuck with the story of it being Jacques Rivera

8 and pointed him out again and that was the end

9 of the story of that.

10 Q. Now, did someone come to your home

11 and ask you to look at a second lineup? Do you

12 remember that?

13 A. That I don't remember.

14 Q. Do you remember how you got to the

15 police station for the second lineup?

16 A. That one I don't -- I just -- like

17 I said, I just remember being there, telling

18 them it was the wrong guy, and I don't remember

19 how I got there. I just remember being there.

20 Q. I'd like to get your best

21 recollections of who was present when you told

22 the police that it was the wrong guy.

23 A. Well --

24 MR. GIVEN: Objection. Form.

25 MR. BOWMAN: I'll rephrase.

95

1 Q. I'd like to get your best

2 recollections of who was there when you told

3 whoever you told that it was the wrong guy.

4 A. It was a gentleman and a lady.

5 Q. Can you describe the gentleman,

6 please?

7 A. The gentleman I think was the

8 detective. I think it was the detective, and

9 then there was -- the lady that came up to me

10 -- it was also a lady. She was not dressed up

11 in -- to me she didn't look like no detective.

12 Came up to me. She had like a binder full of

13 papers like how you guys carry your work, and

14 assured me that everything was fine. She was a

15 white Caucasian lady -- Am I right,

16 Caucasian -- with either white or yellow hair.

17 I just don't recall. I think it was white, but

18 it could have been yellow. I mean, blond, but

19 to me I think it was white at the time, and

20 that's who I talked -- that's who I said and

21 they were just assuring me that everything was

22 going to be all right.

23 Q. Now, in terms of the gentleman who

24 was there, I understood you to say that it was

25 the same detective with the fro who you

96

1 testified about before; is that accurate?

2 MR. GIVEN: Objection

3 mischaracterizes.

4 A. I just don't know. Like I said, I

5 think it was him, him and then a lady and they

6 were both assuring me everything was going to

7 be fine.

8 Q. Could you please give me your best

9 recollection, and I know it's a long time ago,

10 that you were young at the time and so forth,

11 your best recollection of what you said in the

12 presence of the gentleman and the lady?

13 A. That's not the person. The wrong

14 guy, wrong guy, wrong guy. And that was pretty

15 much it.

16 Q. Did you tell them how you had come

17 to realize that it was the wrong guy?

18 A. I didn't tell them. I just said it

19 was the wrong guy, wrong guy. And now this is

20 assumptions. This is not -- I know we're here

21 about facts. I'm just saying -- I just said it

22 was the wrong guy, wrong guy. I never told

23 them it was an Imperial Gangster. I never told

24 them none of that stuff.

25 Q. When you said it's the wrong guy,

Case: 1:12-cv-04428 Document #: 313-6 Filed: 09/19/17 Page 25 of 64 PageID #:14842
Chicago, Illinois (312) 263-0052

McCorkle Litigation Services, Inc.

25 (Pages 97 to 100)

97

1 it's the wrong guy, what did they say to you?

2 A. They were assuring me don't be --

3 you know, they didn't force me either way.

4 They were just assuring me don't be afraid.

5 You know, everything is going to be just fine.

6 They assumed that I was afraid and I wanted to

7 change my story, because I was afraid, but that

8 was not the case.

9 You know, they're not telling me,

10 you know -- they're not telling me that no, you

11 have to stick to your story. They never told

12 me that. They just seen what I told them, and

13 they were just assuring me you're going to be

14 fine, nothing is going to happen to you, and

15 that's it.

16 Q. Do you remember anything else about

17 the conversation other than what you said?

18 A. That was it.

19 Q. What happened after this

20 conversation?

21 A. I went like every little kid does

22 want to go back to playing base -- you know,

23 doing what he does. I didn't know the

24 magnitude of the -- you know, I didn't know how

25 serious the case was, you know, the seriousness

98

1 of this -- you know, of a murder. I was a kid.

2 I just wanted to go back to my playing ways as

3 a kid. I didn't think nothing afterwards. You

4 know, I just went about my business.

5 Q. Can you tell me where this

6 conversation took place in which you said wrong

7 guy, wrong guy?

8 A. At a station.

9 Q. Was it the same station as the

10 first lineup where you had been before?

11 A. Yes. I assume it was the same one

12 because after that I pointed out -- I again

13 went to the lineup and pointed out Jacques

14 Rivera.

15 Q. Do you remember where in the

16 station it was?

17 A. That I can't tell you.

18 Q. Other than the gentleman and the

19 lady, was anyone present who heard this

20 conversation other than those two?

21 A. Just us three.

22 Q. After this conversation, did you

23 look at a lineup?

24 A. That's when I went back and went

25 into the lineup, and I guess that's when they

99

1 pointed out -- I just remember pointing out

2 Jacques Rivera after the conversation. That's

3 what I remember vividly in my head where I just

4 went back and just -- whether it was before or

5 after, I just pointed out after I said what I

6 had to say and pointed out Jacques Rivera

7 again.

8 Q. Did you point him out in a lineup?

9 A. Correct.

10 Q. And was it in the same lineup room

11 where you had --

12 A. Been before?

13 Q. Yes.

14 A. Yes.

15 Q. Can you tell me who was with you

16 from the police when you looked at the lineup?

17 A. That I do not recall -- remember

18 who was with me inside there at this time.

19 Q. Was the detective with the fro

20 present with you when you looked at the lineup?

21 A. I'm not understanding -- like I

22 said, I just remember facing at the mirror -- I

23 mean at the window and pointed out. There was

24 detective in there, but I don't know who was in

25 there.

100

1 Q. Do you remember anything that any

2 detectives said to you while you were looking

3 at the lineup?

4 A. No.

5 Q. And how do you know that it was

6 Jacques Rivera that you picked out on the

7 second lineup?

8 A. Because I pointed him out.

9 Q. And what -- how did you know to

10 point him out in particular?

11 MS. ROSEN: Objection. Form.

12 A. Here we go again. You go in the

13 room. They put me in the room. Saw the

14 gentleman. And I picked him out. Simple as

15 that.

16 Q. I'm going to try one more time.

17 Forgive me for pressing it, but it's the last

18 question and then I'll stop.

19 Can you tell me what it was about

20 Jacques Rivera that caused you to know that he

21 was the person that you would be picking out?

22 MS. ROSEN: Objection. Form.

23 MR. GIVEN: Objection.

24 A. Because I already picked him out

25 before. So as a kid, recanting my -- this is

Case: 1:12-cv-04428 Document #: 313-6 Filed: 09/19/17 Page 26 of 64 PageID #:14843
Chicago, Illinois (312) 263-0052

McCorkle Litigation Services, Inc.

26 (Pages 101 to 104)

101

1 me talking now that I'm an adult, recanting my

2 story at the time, you know, as a kid I'm

3 afraid, and then, you know, I'm just picking

4 out somebody else because now I told -- now

5 thinking back in my emotions, a kid, you know,

6 nobody wants to listen to me at a point because

7 I got the wrong guy, and then everybody is

8 assuring me everything is going to be fine. As

9 a kid you're thinking, okay, nobody wants to

10 listen to me. He did it. Problem solved, and

11 I'll going about my merry old way. Big mistake

12 of the rest of my life.

13 Q. So in summary, you just picked out

14 the guy you picked out before?

15 A. Correct.

16 Q. Now, did there come a point when

17 you had to go to court and testify?

18 A. Yes, there was.

19 Q. And we all know that in court you

20 identified Jacques Rivera as the person who

21 shot Felix; yes?

22 A. Correct.

23 Q. And was that a lie?

24 A. Yes, it was.

25 Q. A knowing lie?

102

1 A. Knowing lie.

2 Q. And can you tell us as best you can

3 why you told that lie in court?

4 A. I was sticking to my story.

5 Q. Do you recall approximately when it

6 was that you received a visit from two women

7 who were investigating this case?

8 A. That I don't remember.

9 Q. Roughly when?

10 A. I do not remember the women at all.

11 As far as two women coming to visiting me, I

12 don't remember that.

13 Q. Do you remember a woman named

14 Cynthia and a woman named Jennifer coming to

15 see you?

16 A. No, I do not remember that.

17 Q. No recollection.

18 A. No. I just don't remember the

19 names. You have given me names that I don't

20 recall.

21 Q. Apart from the names, do you

22 remember two women coming to see you and ask

23 some questions about the case?

24 A. In the courtroom or outside of the

25 courtroom?

103

1 Q. Outside of the courtroom?

2 A. No, I don't remember that.

3 Q. No recollection of that?

4 A. I don't remember that.

5 Q. Who did you first tell about the

6 fact that you lied in court?

7 A. Who did I tell?

8 Q. Who did you first tell?

9 A. Oh, are you talking about two women

10 in that -- okay. God. You're talking about

11 two women who came here to Ohio and had found

12 me and had a conversation with me to find out

13 -- you know, if Jennifer and what's her name --

14 Q. If I were to suggest the name

15 Cynthia to you --

16 A. Okay, I'm like -- I'm just like --

17 the way you're questioning is I -- you're left

18 field. I apologize the way I'm bluntly coming

19 at you with this, but be frank. I'm being

20 frank here.

21 Two ladies, yes, I remember, I

22 recall them. They came to my house. I wasn't

23 there. I was shopping at the moment. They

24 left a card with my children, with my oldest

25 son, and then they came back when I came back

104

1 from grocery shopping with my wife. And at the

2 moment they asked -- me they represented their

3 firm and who the individual and if I knew

4 anything about the case, and I said yes.

5 Brought them inside my house. I

6 said I don't want to say too much because I

7 would rather be present with a lawyer, but we

8 went to Starbucks, and then we started talking.

9 And then I told them, yeah, I was doing, you

10 know, I did it. I was the one. My testimony

11 was wrong, and I'm glad -- you know, I always

12 said that.

13 I always prayed to God that

14 somebody would find me even though I got --

15 what do you call that -- scorned for it at

16 court, about it, like why you waiting for them

17 to come when you should have done it yourself.

18 That's nay or they now -- here or there I mean.

19 And we spoke about what happened. And they

20 went in there -- Jacques Rivera was the wrong

21 guy.

22 Q. Did Cynthia and Jennifer do

23 anything to pressure you or force you to --

24 A. There was no pressure. They were

25 the sweetest people, of course, you know, they

Case: 1:12-cv-04428 Document #: 313-6 Filed: 09/19/17 Page 27 of 64 PageID #:14844
Chicago, Illinois (312) 263-0052

McCorkle Litigation Services, Inc.

27 (Pages 105 to 108)

105

1 don't want to hear that part, but, you know,

2 they were the sweetest people. They never gave

3 me no money. They didn't tell me you got to

4 say this, say that, none of that stuff. They

5 just asked questions and I just answered them

6 like I'm answering to you.

7 Q. I need to ask you a couple more

8 questions and then I'll be done.

9 Did you ever tell the police that

10 at the time Felix was shot, that you were

11 already down at the corner store at Cortland

12 and Kimball coming out of the store and that

13 that was when you saw the shooting? Did you

14 ever tell the police that?

15 A. No, I do not remember saying that.

16 I remember saying I ran to the store after I

17 saw the -- came down, saw the shooter with his

18 back turned on me, hid in the corner, from the

19 corner I ran to the corner, told the store, I

20 was never at the store before -- prior to the

21 shooting. The shooting happened when I came

22 down from my house, down, you know, from the

23 first floor at the moment.

24 Q. Did you ever tell the police that

25 you had seen the blue or beige car that the

106

1 shooter was in drive north down the alley by

2 your house, then turn to the east on Spaulding

3 and stop, at which point the shooter got out

4 and came over toward Felix's car? Did you ever

5 tell the police that you had seen that?

6 A. That's all coming back to me.

7 Yeah, I did say that.

8 Q. Who did you say that to?

9 A. To a cop. As far as exactly who,

10 that I cannot tell you.

11 Q. Is that accurate?

12 A. That statement was accurate for the

13 fact that it all is coming. The more we talk

14 about it, the more everything is coming more

15 and more and more and more, the details of the

16 shooting itself and how it occurred. But,

17 yeah, that was accurate.

18 Q. So tell me what it is that you

19 recall now?

20 A. I just re- -- not.

21 MR. GIVEN: Objection. Form.

22 A. I wasn't talking to the gentleman

23 about it. I'm just -- I didn't say nothing --

24 I'm just saying me now what I remember, but I

25 know everything is already stated here. I just

107

1 remember turning as I went -- oh my God. I

2 just remember the car going and turning right

3 there and coming out and shooting at my brother

4 -- my brother-in-law's brother. And me just

5 hiding in that corner, and then me running and

6 then his back turned on me and I ran towards

7 the store and from the store ran back to that

8 corner, and then him just turning back just

9 looking around and ran back to the car and he

10 just left. That I remember.

11 Q. All right. Let me ask you again.

12 As you came out of your house the first time,

13 the afternoon Felix was shot, did you see the

14 person shooting Felix at that --

15 A. Prior to the shooting when he came

16 out the car or -- just ask the question again,

17 please.

18 Q. Yes, sir. As you first came out of

19 your house, what did you see, the first thing

20 you saw what you came out of the house?

21 A. Him -- like I said, when I saw him

22 right there he came here (indicating), ran to

23 the car, and he was back shooting. That's what

24 I remember.

25 Q. All right. So the first thing that

108

1 you saw was the shooter running toward Felix?

2 A. The vision that I remember was him

3 just ready -- just shooting, hearing the gun,

4 those BB guns shooting at him and me hiding.

5 Like I said, it's just -- oh God, I hate this.

6 Him just right there shooting at Felix. That's

7 just stuck in my head.

8 Q. Do you have any memory of seeing

9 anything other than this individual standing

10 there and shooting Felix?

11 A. That was the only time I ever saw

12 him there at, you know --

13 Q. Where he was standing?

14 A. Yeah.

15 Q. Did you ever see -- well, actually

16 strike that.

17 Did you ever tell the police that

18 you saw the shooter's car drive north in the

19 alley by your house?

20 MR. GIVEN: Objection. Asked and

21 answered.

22 A. Like I said, I just -- oh, man.

23 What's in my head is the picture of my

24 brother-in-law -- brother-in-law's brother

25 getting shot vividly and the person that shot

Case: 1:12-cv-04428 Document #: 313-6 Filed: 09/19/17 Page 28 of 64 PageID #:14845
Chicago, Illinois (312) 263-0052

McCorkle Litigation Services, Inc.

28 (Pages 109 to 112)

109

1 him. That's what I remember the most of this

2 whole story, of this nightmare story pretty

3 much. I just remember him shooting at him,

4 shooting at him, and me running, and then

5 coming back and him shooting him and looking at

6 me, not looking at me directly but looking

7 towards -- to see if there was anybody around.

8 Q. Did you ever -- I'm going to ask

9 the question again one more time. Maybe it's

10 simply not a question you can answer, and if

11 it's not, I'll move on.

12 Did you ever tell the police that

13 you saw the car that the shooter was in drive

14 north in the alley by your house and turn onto

15 Spaulding? If you can, just did you tell the

16 police that?

17 MR. GIVEN: Objection. Asked and

18 answered.

19 A. There is a lot of things that were

20 said. And for me to tell you every detail

21 exactly what I said is impossible.

22 I know you're trying to help out

23 Jacques Rivera for what, you know, what you got

24 -- you have to do your job, but at the same

25 time, I can't give you every detail that you

110

1 want.

2 The only detail I can tell you, if

3 you show me that face again that killed my

4 brother-in-law's brother, I'll point it out to

5 you in a heartbeat, no problem.

6 And I can tell you right now it

7 wasn't Jacques Rivera. That's what you want to

8 hear -- it's not what you want to hear. It's

9 the facts. It was not Jacques Rivera. So

10 detail, whether he went this way or that way, I

11 just know the -- I know the shooter.

12 Q. Fair enough.

13 MR. BOWMAN: We're going to take --

14 I know it's just a minute ago that we took a

15 break, but we're going to take one more short

16 break, and then I'll probably conclude my

17 questioning.

18 THE VIDEOGRAPHER: Off the record

19 1:21.

20 (Recess taken 1:21 p.m.)

21 - - - - -

22 THE VIDEOGRAPHER: Back on the

23 record 1:27.

24 (Deposition resumed 1:27 p.m.)

25 Q. Did you ever tell the police that

111

1 the guy who shot Felix was somebody you had

2 seen playing baseball at Humboldt Park?

3 A. I do remember saying that.

4 Q. Can you tell me how that came

5 about?

6 A. He was just questioning me, you

7 know, to see if I saw the suspect at the time,

8 did I know him personally and stuff like that,

9 and I said I don't know him personally, but I

10 seen him playing baseball. I do recall that,

11 and that was it.

12 Q. Why did -- did you bring -- did

13 that come from you or did that come from them?

14 MS. ROSEN: Objection. Form.

15 A. I don't know how it came about. I

16 just remember saying that. That's all I can

17 tell you.

18 Q. Is it that you don't remember?

19 A. I don't remember.

20 Q. I'm going to read from the

21 transcript that's in front of you. We marked

22 it for identification as Exhibit 30. Turn to

23 Page 93.

24 MR. GIVEN: I'm going to object to

25 the form before you ask it. I'm not -- I mean,

112

1 well, go ahead and ask your question. I'm

2 thinking there's a form objection here, but go

3 ahead.

4 Q. My question is, and I'm going to

5 read on Page 93 beginning at Line 3 continuing

6 through Line 18, and my question is going to be

7 whether this helps you remember.

8 MS. ADAMS: Well, how about you

9 just let him review it and then you ask him if

10 that refreshes his recollection?

11 MR. BOWMAN: Because I want to do

12 it this way.

13 MS. ADAMS: Okay.

14 MS. ROSEN: Objection. Form.

15 Q. Question: Now, you testified at

16 trial that you had seen the shooter play

17 baseball at Humboldt Park; correct? And your

18 answer is correct. Question: And you

19 testified here today that that testimony was a

20 lie; correct? Your answer is correct. Then

21 comes the question, why did you testify at the

22 time of trial that you had seen the shooter

23 play baseball at Humboldt Park? You gave this

24 answer, because, you know, what happened was

25 the cops were like, when they pointed him out

Case: 1:12-cv-04428 Document #: 313-6 Filed: 09/19/17 Page 29 of 64 PageID #:14846
Chicago, Illinois (312) 263-0052

McCorkle Litigation Services, Inc.

29 (Pages 113 to 116)

113

1 they were asking me have you seen him playing

2 baseball or have you seen him anywhere else and

3 I said yes. That was the reason why I said

4 that I seen him playing baseball at a park.

5 And then later on it's pointed out that --

6 MR. GIVEN: Why don't you just read

7 the rest of it?

8 MR. BOWMAN: Sure.

9 Q. Then continuing on at Line 19 the

10 Court says just a minute, did you say when they

11 pointed him out? The Witness: That's you,

12 says who me? The court says yes, and then you

13 respond no, they didn't point it out to me when

14 I pointed him out. They were asking have you

15 seen him anywhere else at a park playing, you

16 know, baseball, stuff like that, and I said

17 yes.

18 Does that help you remember how it

19 came up?

20 A. I was -- are you done with your

21 question?

22 Q. Yes.

23 A. I was referring to what I said back

24 then, my first testimony in court. That's what

25 I remember. That's why I responded that way.

114

1 Where did you say this, and I said yes, except

2 I remember -- remembering what I said at trial,

3 the first trial for Jacques Rivera, and I did

4 say all that stuff, and then I repeated saying

5 that over here. I didn't say, you know, in the

6 sense of they made me point him out. No, that

7 was not the --

8 Q. I understand that.

9 A. -- the concept. I didn't want to

10 make it seem like -- because like I said,

11 there's a lot of people at stake here based on

12 my testimony and recanting my story here, and I

13 don't want it to be taken out of context

14 either.

15 Q. We're all very clear that you're

16 the one that pointed him out and not the

17 police.

18 A. Okay, so --

19 Q. All I'm asking about is how the

20 part about playing baseball at Humboldt Park

21 came up?

22 A. Like I said, as a kid that came

23 out, and I remember saying that to the cops.

24 Q. Is what you said in your testimony

25 that I read from June 23, 2011, is it accurate

115

1 except for the business about they pointed him

2 out?

3 MR. GIVEN: Objection. Form.

4 Q. Is the rest of it accurate?

5 MR. GIVEN: Objection. Form.

6 A. Whatever I said here that's what I

7 said. There's no lie about it. I cannot, you

8 know, say, oh, yeah, it's a lie. It is right

9 here in black and white, but there's a lot of

10 question -- you know, you guys are great at

11 your job and you ask questions and you guys are

12 amazing on how you go about asking questions

13 and tripping up people at times instead of

14 getting to the point on what we need to do

15 because, you know, nobody wants to see justice.

16 Everybody wants to see this, that, and the

17 other. That's what I have a problem.

18 You know, I apologize I'm coming

19 off what I'm here for, but that's the reason

20 why I cannot stand the system in the sense of

21 how you guys operate and how things get twisted

22 up and get hung up on words instead of straight

23 facts and how that was the individual that did

24 it, but we're stuck on you said this, you said

25 that. Well, let's get to the point where I

116

1 pointed out the wrong guy. I made a mistake.

2 The individual did this, but -- I said it. It

3 was here. There. I apologize for going left,

4 right here, whatever. I apologize.

5 Q. So what you said is correct; yes?

6 A. Yeah. It's here. It's correct.

7 Q. Let me show you another part of the

8 transcript that I'm going to read out loud.

9 It's on Page 62.

10 MS. ROSEN: I have a form objection

11 to you reading from the transcript as a method

12 of refreshing a recollection. And actually

13 right now it's not even refreshing a

14 recollection because you haven't even asked him

15 a question to which he said I don't recall. So

16 I have a form objection and actually move to

17 strike all the testimony that's going to be

18 handled this way.

19 BY MR. BOWMAN:

20 Q. I'm going to read you the first six

21 lines at the top of Page 62 if you want to

22 follow along. This is about when you told them

23 wrong guy, wrong guy.

24 Question: When you had this

25 conversation with the white-haired lady, was

Case: 1:12-cv-04428 Document #: 313-6 Filed: 09/19/17 Page 30 of 64 PageID #:14847
Chicago, Illinois (312) 263-0052

McCorkle Litigation Services, Inc.

30 (Pages 117 to 120)

117

1 anybody else present? Answer: Yes, the

2 gentleman, the detective with the fro, and the

3 glasses and the mustache. Then after I walked

4 away they had a conversation. What

5 conversation they had I don't know.

6 Does that refresh your recollection

7 that it was the detective with the fro who was

8 present when you told them that it was the

9 wrong guy?

10 MR. GIVEN: Objection. Form.

11 A. If I said it here. That's what I

12 said.

13 Q. And is that accurate?

14 A. Yeah, it's accurate.

15 Q. So in other words, it's accurate

16 that the other person present when you said

17 wrong guy, wrong guy was the detective with the

18 fro?

19 MS. ROSEN: Objection. Form.

20 A. It says it here.

21 Q. And is that accurate?

22 A. Correct.

23 Q. Yes, all right.

24 Where -- back in the day when this

25 happened, what was your father's address?

118

1 A. 2216 North Avers.

2 Q. And what was his name?

3 A. Do I got to give my fathers's name

4 here, too?

5 Q. Yes, please.

6 A. Jesus Lopez.

7 Q. J-E-S-U-S?

8 A. Jesus.

9 Q. And did you sometimes stay

10 overnight at your father's house --

11 A. Yes.

12 Q. -- back in those days?

13 Anything difficult about finding

14 your father's house at that time --

15 MR. GIVEN: Object.

16 Q. -- if anybody had wanted to find

17 your father's house, would it have been easy to

18 find?

19 MR. GIVEN: Objection --

20 MS. ROSEN: Objection. Form.

21 MR. GIVEN: -- form, incomplete

22 hypothetical, calls for speculation.

23 MS. ADAMS: If you know, if you

24 know.

25 A. I knew where my house was at. As

119

1 far as other people, I don't know. That's,

2 that's --

3 Q. How far was it from your mother's

4 house to where your father lived?

5 A. Well, I could tell you right now.

6 Probably three miles, four miles, I don't know

7 exactly. I couldn't tell you like that.

8 MR. BOWMAN: Mr. Lopez, I

9 appreciate your cooperation in this process.

10 I'm done with my questioning at this point. I

11 know that the other lawyers will have questions

12 for you as well and that may prompt some

13 additional questions from me after they finish,

14 but for the moment I'm done, and I appreciate

15 your cooperation with the process.

16 MS. ROSEN: And we think it's a

17 good time to take a lunch break.

18 MR. GIVEN: Yeah.

19 MS. ROSEN: And then we can collect

20 our --

21 THE WITNESS: Do what you guys got

22 to do.

23 MS. ROSEN: -- notes, and we can

24 hopefully streamline the afternoon so that we

25 can get this done and get you out of here.

120

1 MS. ADAMS: Okay, so it's 1:35, you

2 guys want to say 40 minutes for lunch?

3 MS. ROSEN: Fine.

4 THE VIDEOGRAPHER: Off the record

5 1:36.

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

Case: 1:12-cv-04428 Document #: 313-6 Filed: 09/19/17 Page 31 of 64 PageID #:14848
Chicago, Illinois (312) 263-0052

McCorkle Litigation Services, Inc.

31 (Pages 121 to 124)

121

1 (Luncheon recess taken 1:36 p.m.)

2 - - - - -

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

122

1 THE VIDEOGRAPHER: Back on the

2 record. The time is 2:16.

3 (Deposition resumed 2:16 p.m.)

4 AFTERNOON SESSION

5 CONTINUED EXAMINATION OF ORLANDO LOPEZ

6 BY MS. ROSEN:

7 Q. Good afternoon, Mr. Lopez. I

8 introduced myself to you earlier today. My

9 name is Eileen Rosen, and I represent the City

10 of Chicago in this lawsuit that has been filed

11 by Mr. Rivera. And I have some questions that

12 I want to ask you. First I'm going to do sort

13 of some follow-up questions to the questions

14 Mr. Bowman asked you earlier today, and then I

15 have some questions of my own that are

16 independent of that, so I'm going to jump

17 around a little bit.

18 If you're not sure -- I'm going to

19 try and direct you to the testimony you gave

20 earlier, but if you're confused at all, let me

21 know because it's not going to be sort of

22 sequential.

23 You testified early this morning

24 that you hadn't spoken to any of the lawyers

25 representing Mr. Rivera in the civil case, but

123

1 you have spoken to the lawyers representing

2 Mr. Rivera in connection with the

3 post-conviction proceeding; correct?

4 A. Correct.

5 Q. Okay. And when did you first speak

6 with lawyers representing Mr. Rivera in

7 connection with the post conviction proceeding?

8 A. The first time as far as like in

9 the room where they were writing stuff like

10 down how you guys --

11 Q. Sure.

12 A. The first time I remember that I

13 recall was in Chicago where I met with Jennifer

14 over there -- I met Jennifer here in Cleveland,

15 and the one that was asking the question here

16 in Cleveland was the investigator they hired.

17 Q. Right.

18 A. And then when I went to Chicago,

19 that's when I started getting the questions

20 asked over there.

21 Q. Okay. So when -- as I understand

22 it, Jennifer and Cynthia Estes, the

23 investigator; is that who it was?

24 A. Correct.

25 Q. They first came to your home

124

1 unannounced and knocked on your door; right?

2 A. Correct.

3 Q. After that did you go to Chicago to

4 meet with other attorneys that were involved in

5 the case?

6 A. It took I think a -- I don't know

7 how long. It was awhile back I was able to

8 talk to them again.

9 Q. Okay. And did you only go to

10 Chicago one time?

11 A. Yes, to testify at his trial I

12 think it was.

13 Q. The post conviction proceeding?

14 A. Yes, post -- correct.

15 Q. Okay, so -- and that was the only

16 time that you actually sat in a room and met

17 with them?

18 A. With the --

19 Q. Lawyers.

20 A. With that lawyer yes, with her and

21 her team.

22 Q. And do you remember the lawyer's

23 name?

24 A. No, she was a -- no, I do not

25 remember her name.

Case: 1:12-cv-04428 Document #: 313-6 Filed: 09/19/17 Page 32 of 64 PageID #:14849
Chicago, Illinois (312) 263-0052

McCorkle Litigation Services, Inc.

32 (Pages 125 to 128)

125

1 Q. Was it Jane Raley?

2 A. Short-haired old lady with some

3 glasses and --

4 Q. Okay, and is she the same lawyer

5 that was in court when you actually testified?

6 A. Correct.

7 Q. Mr. Bowman showed you a copy of the

8 affidavit that was prepared dated June 12,

9 2010. It was marked as Exhibit 29.

10 Do you still have that in front of

11 you?

12 A. Yes.

13 Q. Did you prepare that affidavit?

14 Did you type it up?

15 A. I did not type this up.

16 Q. How did you get it in this typed

17 form? How was it provided to you?

18 A. It was provided to me by -- what

19 was her name? She wrote everything down that I

20 said, and then she put it on here.

21 Q. Okay. And then did she give it to

22 you to take a look at to make sure it was

23 correct?

24 A. Yes.

25 Q. And did you make any corrections to

126

1 it, do you remember?

2 A. If I correctly -- yeah, I did make

3 some corrections because I wanted to make sure

4 everything was accurate.

5 Q. And then you sent it back?

6 A. Correct.

7 Q. And how did you do this, by email?

8 A. Email.

9 Q. And then once you made those

10 corrections, did she send the affidavit back to

11 you for you to review again?

12 A. Correct.

13 Q. How many revisions do you think

14 that went through?

15 A. If I'm correct, I think it was

16 three or -- two or three I think it was.

17 Q. Did you keep copies of --

18 A. I sure did.

19 Q. Do you still have them?

20 A. Not on me here.

21 Q. No, but I mean do you still have

22 them somewhere today?

23 A. Yes, I do.

24 Q. Because we have not been provided

25 those drafts, so at some point we might get

127

1 them -- ask your attorney if we could get

2 copies.

3 MR. GIVEN: And actually, Cynthia,

4 I did -- sorry, not Cynthia.

5 Stephanie, I did serve a subpoena

6 Duces Tecum for any documents he might have, so

7 if you could find those that would be great.

8 MS. ROSEN: Yeah, we'll follow up

9 with your attorney, but if you have them, like

10 I said, we've never seen the drafts to see the

11 changes that you made. All right.

12 Q. And when -- was it Cynthia that

13 asked you, the investigator, that had come out

14 to your house, was she the one that asked you

15 to prepare the affidavit or if you would be

16 willing to prepare the affidavit or was it

17 Jennifer?

18 A. It was Jennifer.

19 Q. Okay. And did she tell you what

20 they needed the affidavit for?

21 A. Yes.

22 Q. And what did she tell you?

23 A. She told me it was for Jacques

24 Rivera, for his behalf, where I wanted to

25 recant my story, and I wanted to correct the

128

1 wrong that I did.

2 Q. Okay. And then did she tell you

3 that -- what the goal would have been to use

4 the affidavit, what they wanted to accomplish?

5 A. The mission was to reopen the case.

6 Q. Okay. And we talked -- you talked

7 a little bit this morning about the gangs that

8 were in and around the area where you lived at

9 the time of this incident and you had mentioned

10 that at some point you felt peer pressure and

11 you ultimately joined a gang, and I thought you

12 said you were an MLD, but then did you also say

13 something about Deuces something, or did I

14 mishear you?

15 A. You misheard me.

16 Q. Okay. So the only gang that you

17 ever were a member of was the Maniac Latin

18 Disciples?

19 A. Correct.

20 Q. What's the relationship between the

21 -- what was the relationship in say 1988, '89

22 between the Maniac Latin Disciples and the

23 Campbell Boys?

24 A. The Maniac Latin Disciples pretty

25 much, the umbrella and the Campbell Boys fall

Case: 1:12-cv-04428 Document #: 313-6 Filed: 09/19/17 Page 33 of 64 PageID #:14850
Chicago, Illinois (312) 263-0052

McCorkle Litigation Services, Inc.

33 (Pages 129 to 132)

129

1 under them. That's why they had the word

2 Maniac in their gang. Anything that was -- you

3 know, Maniac Latin Disciples were the gang --

4 the Don if you want to say pretty much and

5 everybody had to, you know, follow suit under

6 them.

7 Q. So the Maniac Campbell Boys, is

8 that like the full name for that?

9 A. Yeah, that's the name, yeah.

10 Q. So they were under the umbrella of

11 the Mania Latin Disciples; correct?

12 A. Correct.

13 Q. So they were friendly?

14 A. Correct.

15 Q. And Imperial Gangsters, how did

16 they fit within that framework in that 1988,

17 '89 timeframe?

18 A. At the time they were rivals.

19 Q. And what was the territory of the

20 Imperial Gangsters in this 1988, '89 timeframe

21 in relation to where you lived?

22 A. Well, from Kimball and Cortland all

23 the way to Fullerton and -- Fullerton and --

24 what was the street? Yeah, Kimball,

25 Fullerton -- from Fullerton to Armitage, they

130

1 were big on that sense. From Central Park, you

2 had Central Park, Armitage and then Kimball.

3 Then once you hit Palmer -- towards Central

4 Park and Palmer those were Cobras, and then by

5 Kedzie, that was the borderline between Kings

6 and Gangsters.

7 Q. Okay. And so then where were the

8 Maniac Latin Disciples in all of this?

9 A. That was just me saying that was

10 just the gang I joined. That was all it is.

11 The Maniac Latin Disciples were over there on

12 the other side of Humboldt Park. They're --

13 Humboldt Park area and they're in the northwest

14 side also towards Pulaski and all that area.

15 Q. Okay, but Israel was a Maniac

16 Campbell Boy; right?

17 A. Correct.

18 Q. And he -- and where did he live?

19 A. He lived in Campbell LeMoyne where

20 did Campbell Boys like originated from.

21 Q. Got it. Okay. So your

22 neighborhood though was not Campbell Boys?

23 A. At all.

24 Q. I got it. Okay.

25 You said that when you lived on

131

1 Cortland back in 1988 that it was you, your

2 mother, your stepfather, and your four sisters,

3 and we already talked about Marilyn. Your

4 three other sisters, were they older or younger

5 than you?

6 A. I had an older one, she was the

7 oldest and the other two were younger. Marilyn

8 was the second oldest.

9 Q. Marilyn was the second oldest?

10 A. Correct.

11 Q. When did Marilyn start dating

12 Israel?

13 A. That I can't really give you an

14 answer on that, that was between them two.

15 Q. Up until the time of Felix's death,

16 had they been going out for a long period of

17 time?

18 A. Yes. She was already living -- you

19 know, living with -- you know, staying over

20 their mother's house over there with her. They

21 were already deeply involved.

22 Q. Okay. Did they have any kids

23 together --

24 A. Yeah.

25 Q. -- at that point?

132

1 A. At that point, no. She was -- she

2 got pregnant --

3 Q. Right around that timeframe?

4 A. Around that timeframe.

5 Q. And how many children did she end

6 up having with Israel?

7 A. Three.

8 Q. And he's since passed away;

9 correct?

10 A. Correct.

11 Q. And how did he die?

12 A. Murdered.

13 Q. How long after Felix's murder was

14 Israel murdered?

15 A. I'd say a couple years after.

16 Q. And was his murder -- the

17 perpetrator brought to justice? Was that crime

18 like do you know --

19 A. From my brother-in-law who he died,

20 no, it was never brought to justice.

21 Q. So nobody knows who killed him?

22 A. It was a rival gang. At the time

23 there was a Spanish Cobra thing, a war going

24 on.

25 Q. But nobody was ever arrested?

Case: 1:12-cv-04428 Document #: 313-6 Filed: 09/19/17 Page 34 of 64 PageID #:14851
Chicago, Illinois (312) 263-0052

McCorkle Litigation Services, Inc.

34 (Pages 133 to 136)

133

1 A. That I'm aware of, no.

2 Q. And you've referred to Israel as

3 your brother-in-law. Did they ever actually

4 get married?

5 A. No.

6 Q. Now, on the day that Felix was

7 shot, you had said that -- something about

8 Israel and your sister going to a wedding.

9 A. Correct.

10 Q. Before you came out of the house

11 that day, was Israel already in your apartment?

12 A. Correct.

13 Q. Had he come there with Felix to

14 pick up your sister?

15 A. No.

16 Q. Felix came to get Israel and

17 Marilyn?

18 A. Correct.

19 Q. Was Israel staying at your house at

20 that point?

21 A. He spent the night over.

22 Q. Was that something he would do from

23 time to time is spend the night at your house?

24 A. Correct.

25 Q. Did you know that -- before you

134

1 went out the door, did you know that Felix was

2 already there?

3 A. Yes, I heard the -- yes, they

4 beeped the horn and my brother-in-law was like

5 you need to hurry up to my sister pretty much.

6 Q. And you lived on that first floor

7 apartment. Could you see out the window of the

8 first floor into the alley to see the car?

9 A. Yes.

10 Q. There's I think the other

11 photograph.

12 A. See right here (indicating) there

13 was a window -- the window was here

14 (indicating) and there was a window over here

15 also (indicating). So we saw him through --

16 that was my bedroom at the time.

17 Q. The corner was?

18 A. Yes, this was my bedroom there

19 (indicating), but see these windows here

20 (indicating), they were boarded up back in the

21 day. So this (indicating) was actually

22 considered the basement, and this (indicating)

23 was considered the first floor.

24 Q. Okay, can we turn that photograph

25 so that the videographer can see that? Can you

135

1 just point out again --

2 MR. BOWMAN: Can you turn it so I

3 can see?

4 A. I can't show it to both of you at

5 the same time.

6 Q. That's okay. You can hold it --

7 there you go.

8 A. Back in the day this was boarded

9 up. There was no nobody living there. There

10 was this first floor back then.

11 Q. Okay.

12 A. And this was my bedroom.

13 Q. Okay.

14 A. And that's where, you know, they

15 come in and say, hey, I'm on my way. You know,

16 I'm overhearing him say, hey, I'm on my way,

17 just relax. You know, that type of

18 conversation.

19 Q. Sure. So you knew that Felix was

20 already there in the alley?

21 A. Uh-huh.

22 Q. And the car that he was driving,

23 that red car, was that Felix's car?

24 A. Correct.

25 Q. At the time that you were out on

136

1 the street and observing all the things that

2 you already testified to, was there anybody

3 else out on the street?

4 A. No.

5 Q. The detective that you described

6 earlier with the fro and the glasses, do you

7 know how old he was? Can you estimate his age?

8 A. No, I can't tell you that. I

9 really don't know. I don't want to guess his

10 age to be honest with you. I don't know.

11 Q. Was he tall or short?

12 A. Well, he was taller than me, of

13 course. Remember I was a child, so everybody

14 was taller than me, so that's the response

15 you're going to get from me.

16 Q. Was he thin or heavy set?

17 A. I'd say he was thin I guess, I

18 don't know, or my size, you know, my size

19 probably. I don't know. You know, either or I

20 guess. In between probably.

21 Q. And you had said that at -- earlier

22 when you were talking about the, I believe it

23 was the first lineup, that Felix's father was

24 there, too?

25 A. If my memory suits me right, yes.

Case: 1:12-cv-04428 Document #: 313-6 Filed: 09/19/17 Page 35 of 64 PageID #:14852
Chicago, Illinois (312) 263-0052

McCorkle Litigation Services, Inc.

35 (Pages 137 to 140)

137

1 Q. And when you say there, do you mean

2 in the room with you?

3 A. Yes, he was in the room.

4 Q. Do you know why Felix's father was

5 there?

6 A. I couldn't tell you why.

7 Q. Earlier when you were telling us

8 about Jennifer and Cynthia coming to Ohio and

9 knocking on your door you said something about

10 telling them that you wanted to get a lawyer.

11 A. Uh-huh.

12 Q. Did you tell them you wanted a

13 lawyer?

14 A. Correct.

15 Q. And what did they say to you?

16 A. That's fine.

17 Q. Now, I know that you were given a

18 copy and you reviewed the testimony that you

19 most recently gave, the Exhibit No. 30.

20 When is the last time that you

21 reviewed your testimony from the criminal

22 trial?

23 A. The criminal trial I -- when I

24 received the -- when she -- I got mail and then

25 also got it on the email, like a thing I read

138

1 -- before I went through the first one, I

2 actually read through that one first, the old

3 one, to see -- you know, just to curse at it

4 and, you know, just get out my anger and curse

5 the police, believe me -- you know, just

6 whatever. As far as -- just I reviewed it

7 there. It was last week, there.

8 Q. So fairly recently?

9 A. Just recently, yes. I apologize.

10 Q. That's okay.

11 A. I'm letting my emotions get the

12 best of me.

13 Q. I know this is difficult, and it's

14 hard to relive all of this, and we appreciate

15 that you're sitting here and doing that.

16 When you were reviewing that

17 testimony, did you take note of your testimony

18 where you were asked about the lineup that you

19 saw?

20 A. I was basically going on the --

21 for some reason I was just going based on -- I

22 wanted to read the ending of it, and I was

23 looking at that more because of the lawyer how

24 he was asking me how far did you see the

25 distance from, you know, that was really where

139

1 I was more -- for some odd reason stuck on

2 that. I was mainly more focused on reading

3 that. I don't know why, but that's what I read

4 more than anything else.

5 Q. So you don't recall the testimony

6 where they were asking you questions about the

7 lineup?

8 A. No. No, I didn't really review

9 that part of it.

10 Q. Do you recall being asked questions

11 about the lineup when you testified back in

12 1990?

13 A. There is a lot of -- like I said,

14 you guys are asking details and it's hard for

15 me to tell you yes, no, and I understand it's

16 yes or no questions, but --

17 Q. No, that's not necessarily a yes or

18 no question, so if you don't remember, you

19 don't remember. I'm just trying to probe, you

20 know, what you remember.

21 A. No, I just -- like I said, I just

22 remember them asking how far from the shooter.

23 That's what I -- I recant. I do remember that

24 part of the -- you know, vividly in the sense

25 it stuck in my head.

140

1 Q. Sure. Do you remember at the time

2 of the criminal trial that you were shown a

3 photograph of the lineup and you were asked to

4 put an X over the person you identified in the

5 lineup?

6 A. I did read that. Now that you

7 bring it up, I did read that part, and I also

8 -- they also -- I remember them telling me to

9 point out the shooter in trial, and I proceeded

10 to point at Jacques Rivera at the time.

11 Q. Okay. I'm going to ask that we

12 mark this -- what number are we on?

13 MR. BOWMAN: I think we're at 36.

14 - - - - -

15 (Thereupon, Deposition Exhibit 36,

16 Photograph, was marked for purposes

17 of identification.)

18 - - - - -

19 Q. I'm going to show you what we've

20 marked for identification as Exhibit No. 36,

21 and it also has one of those Bates stamp

22 numbers at the bottom, which I see is cut off

23 on this version, but it's Bluhm, B-L-U-H-M,

24 45084, and I'm going to ask you to take a look

25 at that. And do you see the photograph in

Case: 1:12-cv-04428 Document #: 313-6 Filed: 09/19/17 Page 36 of 64 PageID #:14853
Chicago, Illinois (312) 263-0052

McCorkle Litigation Services, Inc.

36 (Pages 141 to 144)

141

1 front of you there, Mr. Lopez?

2 A. Yes.

3 Q. Do you recognize that photograph?

4 A. I really don't remember this

5 photograph.

6 Q. Do you remember putting the red X

7 on the photograph at the time of the trial?

8 A. No, I don't recall the -- like I

9 said, trial is any -- I don't remember too much

10 of the trial as far as pictures and stuff like

11 that.

12 Q. Do you recognize anybody in that

13 photograph?

14 A. Yes. I recognize Jacques Rivera.

15 Q. Do you recognize any of the other

16 individuals in that photograph?

17 A. No, I don't.

18 Q. Do you remember ever seeing them

19 before?

20 A. No.

21 Q. Is that the first lineup that you

22 saw?

23 A. I can't -- I don't remember the --

24 you know, it was the first or the second. I

25 can't tell you if it was -- you know.

142

1 Q. You don't remember?

2 A. I don't remember.

3 Q. That's fair enough. After Felix

4 was shot you testified earlier that Israel came

5 down. Did Marilyn come down, too?

6 A. No, not at the moment. She came

7 after they -- she heard the car. He was

8 yelling, you know, just screaming and then got

9 out the car, peeled the car, and she was like

10 what happened, what happened, and that's when

11 -- and that was pretty much what happened.

12 That's when she came afterwards.

13 Q. And where did she come from?

14 A. From the apartment.

15 Q. Okay. And then where did she go

16 after she came out?

17 A. She just started crying and just

18 started walking towards east to go towards, you

19 know, the area where they were from.

20 Q. How far from your house on Cortland

21 was the Valentin house?

22 A. It was far. You had -- you know,

23 you took -- I'm going to -- I really don't know

24 mileage, you know, how many miles, but it was

25 far. It was a distance.

143

1 Q. Was it walking distance?

2 A. No. You can walk there, don't get

3 me wrong, but it was going to take a while to

4 get there.

5 Q. Okay. When you testified earlier

6 that you were in the hiding place the first

7 time at the -- right next to the door of your

8 building and then you said you ran to the

9 corner store to get help, how did you -- how

10 did you run, like what direction did you take?

11 MR. BOWMAN: Object to the form of

12 the question.

13 A. Answer it?

14 Q. Yeah, you can go ahead and answer.

15 A. On an angle, straight across.

16 Q. And then when you ran back from the

17 corner store back to that hiding place again,

18 what direction?

19 A. Same way. I ran east if you want

20 to call it. I ran northwest, you know,

21 southeast.

22 Q. So both times you were running

23 diagonally across the street?

24 A. Correct.

25 Q. Do you remember when you first

144

1 spoke with Cynthia and Jennifer when they came

2 out to visit you in Ohio that first time saying

3 something about the real shooter's name being

4 Izzy or Gizzy?

5 A. It was a gangster, yeah. The words

6 -- the street -- like after that I saw -- I

7 also saw him back in the day, you know, when I

8 was in high school at Kelvyn Park, and I saw

9 him there also, but --

10 MR. BOWMAN: I'm sorry, which park?

11 THE WITNESS: High school, Kelvyn

12 Park High School, because his brother was

13 having problems and he went to go, you know,

14 fix a problem and at the time when I saw him, I

15 ran also like a -- scared.

16 Q. Okay. So let me try and understand

17 this. This time that you're talking about at

18 Kelvyn Park is years later?

19 A. Years later.

20 Q. About how old were you at that

21 point?

22 A. I was a freshman.

23 Q. In high school?

24 A. In high school.

25 Q. And you saw the person that you had

Case: 1:12-cv-04428 Document #: 313-6 Filed: 09/19/17 Page 37 of 64 PageID #:14854
Chicago, Illinois (312) 263-0052

McCorkle Litigation Services, Inc.

37 (Pages 145 to 148)

145

1 seen at Funston School earlier; right?

2 A. Correct.

3 Q. And you said something about he had

4 come up to the park because his brother was

5 having some kind of trouble?

6 A. Yes.

7 Q. His younger brother or his older

8 brother?

9 A. Younger brother.

10 Q. And how do you know that?

11 A. I didn't know him, you know,

12 personally, but we know that was his brother

13 because, you know, he was like -- you know, he

14 got -- it was just -- his brother got beat up

15 it looked like and he came and was upset about

16 it. Like I said, we all lived around the area.

17 You know, his brother went to Kelvyn Park, and

18 I knew this for a lot of years, and I was --

19 like I said, I didn't -- I stayed away.

20 Q. When did you first become aware

21 that the person that you believed shot Felix's

22 younger brother went to Kelvyn Park?

23 A. When he went the first year,

24 freshman year. Like I said, they all -- you

25 know like when you're in gangs, people talk

146

1 about, yo, this is individual's brother and

2 that's why he was having problems at school.

3 He said she -- you know, the type where this is

4 his little brother.

5 Q. Okay. When did you first become

6 aware that the person who you believed shot

7 Felix's name was Izzy or Gizzy?

8 A. Because that was around the area

9 where his brother -- when he came to the

10 school, that's what the name they were saying,

11 his name.

12 Q. Okay. So they said that this

13 individual's brother's name is Izzy or Gizzy?

14 A. Correct.

15 Q. And then when you saw him you

16 realized it was the shooter?

17 A. Correct.

18 Q. Okay. I got it now. So it wasn't

19 that you knew it before then --

20 A. Yeah, I didn't know. No, I didn't

21 remember like at all the details of his name.

22 I knew after when he was like, yo, that's the

23 brother and that's Izzy, you know, and then I

24 ran when I saw that. I was like, oh, gosh,

25 here we go again. I got to get out of here.

147

1 Q. Okay. And did you ever get any

2 more information about this Izzy or Gizzy

3 person after that time?

4 A. I didn't want no part of knowing

5 nothing about the individual. Like I said, I

6 was scared for my life. I didn't -- the best

7 -- I was hiding fool in other words.

8 Q. Did you know the little brother's

9 name?

10 A. No, I did not know him like that.

11 Like I said, I didn't want no part of knowing

12 nobody. I just knew he was his little brother.

13 Q. Did you go to Kelvyn Park?

14 A. Yes.

15 Q. Were you and the little brother the

16 same age, like in the same class?

17 A. No, no, no, no.

18 Q. Was he older than you or younger

19 than you?

20 A. That -- I'm assuming we were around

21 the same age probably because I like said, he

22 was at Kelvyn Park.

23 Q. Okay. Earlier today you said you

24 didn't see the driver of the getaway car?

25 A. No, I did not.

148

1 Q. For lack of a better description,

2 do you remember telling Cynthia and Jennifer

3 that he was fat, that the driver was a fat guy?

4 A. That I don't recall if I said it.

5 I probably did say that. I just remember

6 saying to them that it was, you know, it was

7 not him, and that the guy that did it was a

8 gangster, and that was pretty much the convers9 -- you know, like I said, there was a lot of

10 things said and just -- you know how you guys

11 bombard people with questions and you're just

12 answering and answering and you're answering as

13 best as you can. So I apologize if I don't

14 recall a lot of the answering the questions,

15 so --

16 Q. No, it's not a problem at all. So

17 you don't remember one way or the other whether

18 you used a descriptive --

19 A. Yeah, I don't -- yeah, I don't.

20 Q. Now, in the Valentin family, there

21 was Israel and Felix. Were there other

22 brothers other sisters?

23 A. Harry.

24 Q. And do you know Harry Valentin?

25 A. Yeah, I did know him -- remember

Case: 1:12-cv-04428 Document #: 313-6 Filed: 09/19/17 Page 38 of 64 PageID #:14855
Chicago, Illinois (312) 263-0052

McCorkle Litigation Services, Inc.

38 (Pages 149 to 152)

149

1 him.

2 Q. Is he still alive?

3 A. I couldn't tell -- I can't answer

4 that. I really don't know.

5 Q. Were you -- did you consider him

6 family too, at the time back in 1988?

7 A. That's all family. Once you have

8 kids with a -- you know, you're family pretty

9 much. That's how we roll.

10 Q. Okay. When is the last time you

11 spoke with Harry?

12 A. I haven't spoke to those people

13 ever since I left, and it's been since I was 18

14 years old probably.

15 Q. Oh, okay.

16 A. I was done.

17 Q. Go ahead.

18 A. I was just done with a lot. You

19 know, like I said, once I had my son at 19

20 years old, I didn't want to deal with nobody no

21 more.

22 Q. Were there any sisters in the

23 Valentin family?

24 A. Denise.

25 Q. Any other sisters?

150

1 A. They had a baby sister Vanessa.

2 Q. And no contact with any of them

3 since you left Chicago; right?

4 A. No, I'm done with -- like I said, I

5 don't want no part of that. I was done.

6 Q. When Cynthia and Jennifer first

7 came out to your house in Ohio to talk to you,

8 do you remember them asking you specific

9 questions about the order in which you

10 identified Jacques?

11 A. The way --

12 MR. BOWMAN: Object to the form of

13 the question.

14 A. It was -- like I said, it was --

15 they were asking me the lineups and I -- just

16 like I was telling him, a lot of that stuff I

17 don't recall how the order went. They were not

18 coaching me in the sense either.

19 Q. No, no, I don't mean that. I mean

20 do you remember them asking you at some point

21 while they were talking to you that they want

22 to get it straight, and that they asked you to

23 sort of tell them, you know, a sequence to the

24 times that you identified --

25 A. To my best ability --

151

1 Q. -- Jacques?

2 A. -- I did answer some of those

3 questions my best, you know.

4 Q. And have you ever seen the report

5 that Cynthia Estes prepared about the interview

6 she did with you?

7 A. All that she showed me was the

8 affidavit.

9 Q. Okay. So you never saw her -- she

10 -- any typed up report she prepared?

11 A. Just affidavit.

12 - - - - -

13 (Thereupon, Deposition Exhibit 37,

14 Report, was marked for purposes of

15 identification.)

16 - - - - -

17 Q. We are on Exhibit 37. I'm going to

18 ask you to just flip through those pages. I

19 don't want you to read the whole thing, but

20 just take a quick look and make sure you've

21 never seen that before, or if you have seen

22 that before, tell me that you've seen it

23 before?

24 A. All I remember was, like I said,

25 the affidavit.

152

1 Q. Okay. So you don't ever recall

2 seeing that before. So just give me one

3 second. I'm going to ask you to take a look at

4 Page 11 of that report. If you just read --

5 you can just read it to yourself starting at

6 where it says, I asked Mr. Lopez if we could go

7 through the order in which he identified our

8 client, and just read that to the bottom of the

9 page.

10 A. Out loud?

11 Q. No, to yourself.

12 A. Oh. All righty.

13 Q. Okay. Now, if you go to the sort

14 of the beginning few lines of that, that page

15 there, 11 of the Estes report where it says

16 Mr. Lopez said the cops brought the mug book to

17 his house and he picked the guy, then he thinks

18 he may have picked him from a lineup a few days

19 later. Then he thinks a few days after that

20 they showed him more photos and that's when he

21 told them Rivera was not the guy, but the lady

22 wouldn't listen.

23 Do you see that there?

24 A. What was the -- okay.

25 MR. BOWMAN: Yeah, I object to the

Case: 1:12-cv-04428 Document #: 313-6 Filed: 09/19/17 Page 39 of 64 PageID #:14856
Chicago, Illinois (312) 263-0052

McCorkle Litigation Services, Inc.

39 (Pages 153 to 156)

153

1 form of the question, also to the evidentiary

2 basis for the -- I mean the --

3 A. Well, could I state --

4 MS. ADAMS: Wait. You don't answer

5 questions that haven't -- let him finish his

6 objection.

7 MR. BOWMAN: I finished my

8 objection. I object to the form of the

9 question, and I don't think it even states a

10 question.

11 BY MS. ROSEN:

12 Q. Okay. The question is do you see

13 those couple sentences there in that report?

14 That's my first question.

15 A. Yeah, I do see that.

16 Q. Okay. Do you recall when you were

17 having a conversation with Jennifer and

18 Cynthia, saying that to them, saying that the

19 cops brought the mug book to your house and you

20 picked the guy and then you think you may have

21 picked him from a lineup a few days later and

22 then you think a few days after that they

23 showed you more photographs -- photos and

24 that's when you told them that Rivera was not

25 the guy, but the lady wouldn't listen?

154

1 Did you say that to Cynthia and

2 Jennifer when you they came to your house?

3 MR. BOWMAN: Object to the form of

4 the question.

5 A. What I said -- because like I said,

6 you guys write -- like I said, you guys write

7 however you guys want to write I guess,

8 whatever. What I've been saying here is

9 exactly what I told her also.

10 Q. Okay.

11 A. So you guys word things differently

12 and I -- I'm just shocked. Like I said, I told

13 them exactly what I told you and what you've

14 been hearing me come out of my mouth.

15 Q. Okay.

16 A. So this is something they wrote. I

17 never saw this. So I couldn't tell you -- like

18 I said, they word things differently. I don't

19 know how they wrote this or whether they -- I

20 just -- I'm just amazed how things get written

21 here. To say I remember exactly how they said

22 this. No, I don't remember saying it like

23 this.

24 Q. Is it accurate the way she's got it

25 written there?

155

1 MR. BOWMAN: Objection.

2 Foundation. Asked and answered. It's already

3 been testified to.

4 Q. Is what she has recounted there

5 accurate of what you told her?

6 MR. BOWMAN: Same objection. No

7 foundation for that question.

8 A. Like I said, again --

9 MR. BOWMAN: Just answer the

10 question. Either it is or it isn't.

11 A. I don't remember talking to her

12 like this. There.

13 Q. Okay. In your conversation with

14 Jennifer and Cynthia, did you say something

15 about that you had heard that Mr. Rivera had an

16 alibi so you thought he would be found not

17 guilty?

18 A. Yeah, I did say that.

19 Q. Where did you hear that, that he --

20 where did you hear that he had an alibi?

21 A. In the court. That was the defense

22 of the lawyer where he was saying, you know, he

23 wasn't there, because like I said, there is

24 certain things I remember vividly and there's

25 certain things I don't remember vividly.

156

1 Q. Sure.

2 A. I remember the lawyer saying he

3 didn't do it. He had an alibi, so that was his

4 defense. That I remember saying in those type

5 of words.

6 Q. So you remember that in the

7 courtroom way back in 1990?

8 A. Correct.

9 Q. And that was from Mr. Rivera's

10 lawyer saying arguing or something to the

11 judge?

12 A. Correct.

13 Q. After you had become involved in

14 the police investigation into Felix's shooting

15 and murder, did you for some period of time

16 move to your dad's house on Avers because you

17 were afraid of some kind of gang retaliation?

18 A. Yes, I did move with my father.

19 Q. And when did you do that?

20 A. I couldn't tell you the day or the

21 time. I just know I moved with my dad.

22 Q. And would it have been right around

23 the time of the shooting?

24 A. No. It didn't happen right away.

25 Q. A little bit later?

Case: 1:12-cv-04428 Document #: 313-6 Filed: 09/19/17 Page 40 of 64 PageID #:14857
Chicago, Illinois (312) 263-0052

McCorkle Litigation Services, Inc.

40 (Pages 157 to 160)

157

1 A. Because I was still living with my

2 mom.

3 Q. Was it later?

4 A. It was later on.

5 Q. Do you remember if it was before or

6 after you testified?

7 A. I don't re- -- like I said, I don't

8 remember.

9 Q. Okay. And you had testified

10 earlier today, and I think I read it in other

11 places where you talk about that your parents

12 didn't want you involved in this way back when;

13 right?

14 A. Correct.

15 Q. Why didn't they want you involved?

16 A. Typical Latinos. We don't want

17 to -- they were afraid for my life and the

18 problems -- you know, retaliation from gangs.

19 You know how that goes over there in Chicago,

20 it's obvious. They were just concerned about

21 me, and they didn't want me to get involved.

22 Q. Because they were afraid for your

23 safety?

24 A. And theirs, too.

25 Q. And theirs, right. The police

158

1 officers that came out to your house that first

2 night, the ones that you described earlier as

3 the blue -- how did you say it blue --

4 A. Blue boys.

5 Q. Blue boys. Were there any blue

6 girls? Were there any female police officers

7 that came out that night?

8 A. I didn't notice any female. I just

9 know they were cops. I didn't look at nobody

10 being -- I didn't care -- like I said, as a kid

11 I'm just -- no, there.

12 Q. Okay. So you just don't remember

13 one way or another whether there was a female?

14 A. Yeah, correct.

15 Q. The female that you described, the

16 white or blond-haired lady that you tried to

17 tell that you had gotten it wrong, had you ever

18 seen her before?

19 A. No.

20 Q. Have you seen her since?

21 A. No.

22 Q. Okay. Now, we talked a little bit

23 -- I asked you a few questions earlier about

24 the affidavit, but I want to go back to that

25 for a second.

159

1 Do you recall how many times you

2 communicated with Cynthia about the affidavit?

3 MR. BOWMAN: Object to the form of

4 the question.

5 A. A couple of times I assume. You

6 know, I don't -- to say five, ten I couldn't

7 tell you that --

8 MS. ADAMS: Just to be clear, she

9 communicated with me. She didn't communicate

10 directly with him.

11 MS. ROSEN: Oh, okay. Then let me

12 back up for a second.

13 A. I'm just, you know -- I was getting

14 stuff through there --

15 MS. ROSEN: Okay. Let's go back

16 and I'll establish --

17 MS. ADAMS: Relax.

18 MS. ROSEN: -- sorry, the

19 foundation.

20 MS. ADAMS: That's okay.

21 BY MS. ROSEN:

22 Q. After you met with Jennifer and

23 Cynthia, did you communicate with them any

24 further after that first time directly or was

25 it all that communication through your

160

1 attorney?

2 A. Then after that through Jen --

3 right with Steph.

4 Q. With Stephanie?

5 A. Yeah, it's just --

6 Q. Okay. So you spoke to Jennifer and

7 Cynthia that first time when they came to your

8 house unannounced?

9 A. Uh-huh, yes. I apologize.

10 Q. And then after that time all

11 communication with anybody related to

12 Mr. Rivera was through your attorney,

13 Ms. Adams; correct?

14 A. Correct.

15 Q. And the revisions and the things

16 that were made and the communications about the

17 revisions to the affidavit were through your

18 attorney; correct?

19 A. It was sent through her and then

20 come to my -- to here -- then to me through the

21 computer so I could see and make sure it was

22 the right way.

23 Q. Sure, but from Stephanie?

24 A. Correct.

25 Q. Okay. Did anybody from

Case: 1:12-cv-04428 Document #: 313-6 Filed: 09/19/17 Page 41 of 64 PageID #:14858
Chicago, Illinois (312) 263-0052

McCorkle Litigation Services, Inc.

41 (Pages 161 to 164)

161

1 Mr. Rivera's team contact you directly, not

2 through your attorney after that first time

3 that they came out to your house?

4 A. Was this -- okay, let me ask a

5 question. What team was it something you're

6 referring to?

7 Q. That Jennifer or Cynthia --

8 A. Yeah, the -- yes, they -- that's

9 where I met, in my house.

10 MS. ADAMS: Okay, now wait. Listen

11 to her question. One more time.

12 Q. After that first time when Cynthia

13 and Jennifer came out to your house --

14 A. Okay.

15 Q. -- any time after that if you had

16 any contact with anybody that was representing

17 Mr. Rivera, was that always through your

18 attorney?

19 A. Yes.

20 Q. And when you came to Chicago to --

21 and before you testified and you met with the

22 attorneys that were representing Mr. Rivera at

23 that time, was your attorney also present with

24 you?

25 A. No.

162

1 Q. And when you came to Chicago and

2 met with those attorneys that were representing

3 Mr. Rivera before you testified at the post

4 conviction proceeding, how many times did you

5 meet with them before you testified?

6 A. That was the only time right there.

7 Q. The one time?

8 A. That one time when we went to

9 court.

10 Q. And how long did you meet with them

11 before you testified?

12 A. They picked me up from the hotel

13 and we went straight to the Cook County Jail,

14 whatever you want to call it, the courts.

15 Q. And was Mr. Rivera in court when

16 you were there testifying?

17 A. Yes.

18 Q. Did you recognize him?

19 A. Yes.

20 Q. And that was the first time you had

21 seen him since the criminal trial; is that

22 right?

23 A. Correct.

24 Q. I've seen some emails between your

25 attorney and the attorneys representing

163

1 Mr. Rivera in the post conviction proceeding

2 where your attorney was expressing some concern

3 about the fact that your -- the fact that you

4 lived in Ohio was printed in the newspaper and

5 that you were concerned about that?

6 A. Yes, I was.

7 Q. Can you tell me why you were

8 concerned about that, what you were afraid of?

9 A. Jesus Christ. I got a family first

10 and foremost as you -- I don't know if ya'll

11 are parents or whatnot and husbands and wives.

12 That's your first and foremost.

13 I came to this whole situation

14 naive, you know, thinking I'm going to do the

15 right thing, which I did, and nothing was going

16 to come out of it, none of this suing going on.

17 And I thought I was going to testify and game

18 over. My concern was my family, main thing.

19 Q. Are you still in touch with your

20 sister, Marilyn?

21 A. Not really -- we're, you know we're

22 -- after all this been going on, you know, like

23 I said, we haven't been not at -- we talk, but

24 not like -- hi, bye and that's it.

25 Q. Before Jennifer and Cynthia came

164

1 out to your house and knocked on the door, how

2 was your relationship with your sister,

3 Marilyn, at that point?

4 A. Okay. Like I said, we live -- she

5 lives over there, I live over here, and there's

6 not really a tight-knit fit because we're a

7 distance.

8 Q. Because she lives out of state, in

9 a different state; right?

10 A. Correct.

11 Q. And do you -- she has three

12 children; is that what you said?

13 A. Correct.

14 Q. And what's your relationship with

15 your nieces or nephews?

16 A. I call them and still, you know,

17 encourage them as an uncle, stuff like that.

18 Q. Do you guys ever get together for

19 family functions?

20 A. I have gone over there to see my

21 nephew, you know, them over there, yes, I have

22 done that.

23 Q. Do your children have a

24 relationship with her children?

25 A. No, because like I said, we're two

Case: 1:12-cv-04428 Document #: 313-6 Filed: 09/19/17 Page 42 of 64 PageID #:14859
Chicago, Illinois (312) 263-0052

McCorkle Litigation Services, Inc.

42 (Pages 165 to 168)

165

1 different states.

2 Q. In 1988, did you have a street

3 name?

4 A. My street name was just Macho.

5 Q. Macho?

6 A. Yeah.

7 Q. That's written a police report --

8 A. Yeah, Macho.

9 Q. -- so I just wanted to make sure

10 that that was --

11 A. Yeah, that's fine.

12 Q. After Felix was shot, did you visit

13 him in the hospital?

14 A. No, I did not.

15 Q. Did -- do you know if Marilyn did?

16 A. That I couldn't tell you.

17 Q. Did you continue to communicate

18 with Israel after Felix got shot?

19 A. Yes.

20 Q. Did Israel go visit Felix, do you

21 know?

22 A. I assume he did.

23 Q. Do you recall him telling you

24 anything about how he was doing or anything

25 like that?

166

1 A. No, that he never told me. He

2 didn't really say nothing about that.

3 Q. Do you recall how long Felix stayed

4 alive before he passed away after the shooting?

5 A. No, I do not.

6 Q. Do you know how many times Felix

7 was shot?

8 A. After the report I read I think it

9 was like nine times, I think it was. That's

10 what I read, I don't know.

11 Q. Do you know what report you read

12 that said that? Was it a police report?

13 A. No, it was a -- you know, how

14 people -- you know how you and I would be

15 gossiping on the side like, yeah, yeah, I think

16 he got shot nine times, but never read it on a

17 report.

18 But, you know, after the report --

19 like I said, I went through this report, there

20 was just certain things that stuck out to me

21 and certain things that -- you guys are into

22 details. My details, I saw the individual who

23 did it. That's all I care about. So that's

24 what I'm focusing on.

25 Q. Did Felix and Israel look alike?

167

1 A. No, not to not me. My opinion, no.

2 I don't know.

3 Q. What was -- back in 1988, what was

4 your relationship with Felix and Israel's

5 parents?

6 A. That I -- you know, dating my

7 sister, and, you know, I used go to their

8 house, and that was pretty much it. Nothing

9 major. It was still young in the relationship

10 with my sister and, you know, they were so

11 young, but still we knew from, you know, being

12 on Campbell and stuff like that, that's how I

13 knew them.

14 Q. Do you know an individual by the

15 name of Angel Villafane?

16 A. It does not ring a bell to me.

17 Q. How about Carlos Olivero?

18 A. If you're asking me about these

19 guys' name, I don't know. They got to give me

20 street names. I don't know. We never knew

21 each other really by our first name -- our real

22 names. We just by our nicknames.

23 Q. How about somebody by the name of

24 George Ruiz?

25 A. That doesn't ring a bell, no.

168

1 Q. Ramon Lopez?

2 A. No.

3 Q. Jose Rodriguez?

4 A. No.

5 Q. Just give me one second.

6 Do you know where Felix went to

7 school?

8 A. I couldn't -- he went to school was

9 Roberto Clemente probably.

10 MS. ROSEN: Okay. Why don't we

11 take a quick break, and I think I'm just about

12 done, and then I think Mr. Given might have

13 some questions for you.

14 MR. GIVEN: I likely will, and if

15 we take like 10, 15 minutes it could pay off in

16 the long run.

17 MR. BOWMAN: Understood.

18 THE COURT: Off the record 3:10.

19 (Recess taken 3:10 p.m.)

20 - - - - -

21 THE VIDEOGRAPHER: On the record.

22 The time is 3:29.

23 (Deposition resumed 3:29 p.m.)

24 MS. ROSEN: Mr. Lopez, I don't have

25 any further questions. Thanks.

Case: 1:12-cv-04428 Document #: 313-6 Filed: 09/19/17 Page 43 of 64 PageID #:14860
Chicago, Illinois (312) 263-0052

McCorkle Litigation Services, Inc.

43 (Pages 169 to 172)

169

1 EXAMINATION OF ORLANDO LOPEZ

2 BY MR. GIVEN:

3 Q. Hi, Mr. Lopez. My name is Jeff

4 Given. I introduced myself to you at the

5 beginning of the day. I represent the

6 defendant police officers who are being sued by

7 Mr. Rivera in this case.

8 I have a few questions for you.

9 Some of them may sound like questions that

10 you've been asked earlier, and I apologize, but

11 I have tried to pare them down so we will not

12 be here any longer than I hope we need to be;

13 okay?

14 A. Okay.

15 Q. On August 27, 1988 you saw Felix

16 Valentin get shot; correct?

17 A. Correct.

18 Q. And later that evening police came

19 to your house; right?

20 A. Correct.

21 Q. And you talked with the police and

22 you told them what you had seen?

23 A. Correct.

24 Q. You told them you had witnessed the

25 shooting?

170

1 A. Correct.

2 Q. And you told them that the shooter

3 was a Latin King because the car turned south

4 into Latin King territory; right?

5 A. Correct.

6 Q. And if I understand it right,

7 Cortland Street was sort of a buffer between

8 the Imperial Gangsters and the Latin Kings;

9 correct?

10 A. Correct.

11 Q. And, in fact, the car with the

12 shooter, after it took off, turned right onto

13 Spaulding; correct?

14 A. Correct.

15 Q. And that was into Latin King

16 territory; right?

17 A. Correct.

18 Q. And, in fact, that's where you

19 would expect a Latin King to go after shooting

20 a person by your house; correct?

21 A. Correct.

22 Q. In fact, it would be foolish for a

23 member of a rival gang to drive into Latin King

24 territory under those kinds of circumstances;

25 right?

171

1 A. Correct.

2 Q. Now, you told the police you didn't

3 know the name of the guy that shot Felix, but

4 that you had seen him a few times playing

5 baseball in Humboldt Park; right?

6 A. I did say that, correct.

7 Q. And then the police came back to

8 your house a little while later that same night

9 with some gang books and photographs of Latin

10 Kings; right?

11 A. Correct.

12 Q. And you went through those books

13 for about an hour?

14 A. Just, yeah --

15 Q. More or less?

16 A. Yeah, more or less.

17 Q. And you looked at about 100

18 photographs?

19 A. I guess, yes.

20 Q. These were big thick binders --

21 A. Correct.

22 Q. -- that you had described earlier?

23 A. Correct.

24 Q. And you went through those books

25 very carefully?

172

1 A. Correct.

2 Q. And you wanted to make sure that

3 the person you picked, if any, would be the

4 right guy; right?

5 A. Correct.

6 Q. And that's why you were very

7 careful as you went through those books; right?

8 A. Correct.

9 MR. GIVEN: Somebody's phone is

10 buzzing.

11 MS. ROSEN: It's done.

12 MR. GIVEN: Okay.

13 Q. Now, after all this time of looking

14 at the books, you ultimately picked a photo of

15 the person you believed shot Felix; right?

16 A. Correct.

17 Q. And that person was Jacques Rivera?

18 A. Correct.

19 Q. And you told the police you were

20 certain it was him; didn't you?

21 A. Correct.

22 Q. And they asked you a couple times,

23 are you sure and you said, yes, I'm sure.

24 A. Correct.

25 Q. And at that time you believed the

Case: 1:12-cv-04428 Document #: 313-6 Filed: 09/19/17 Page 44 of 64 PageID #:14861
Chicago, Illinois (312) 263-0052

McCorkle Litigation Services, Inc.

44 (Pages 173 to 176)

173

1 shooter was Jacques Rivera; didn't you?

2 A. At the time, yes.

3 Q. Now, the police didn't force you to

4 pick that photos; did they?

5 A. No.

6 Q. They didn't trick you into picking

7 that photo; did they?

8 A. No.

9 Q. Now, on other occasions besides the

10 night of the shooting, police also showed you

11 other photographs of other gang members at

12 various times; didn't they?

13 A. No.

14 MR. BOWMAN: Objection to form.

15 Q. Well, do you remember testifying in

16 this case at the criminal trial back in April

17 1990?

18 A. I remember I was at a trial but to

19 tell you 1990, April, I couldn't tell you that

20 yes or no.

21 Q. Well, you remember testifying as --

22 when you were about 13 years old in --

23 A. At that age, yes, around that age.

24 Q. And it was in the criminal case of

25 Jacques Rivera?

174

1 A. Correct.

2 Q. You just don't remember if it was

3 April of 1990 or what month.

4 A. No, that I don't remember.

5 Q. And you were sworn to tell the

6 truth in that trial; correct?

7 A. Correct.

8 Q. And would you agree with me that

9 your memory back in that time period when you

10 testified, which was a couple years after the

11 shooting, was better then than it is today with

12 regard to the events of the shooting?

13 A. Yeah, my memory was -- at 13, yeah,

14 I guess. Yes.

15 Q. Okay. Let's mark the next exhibit

16 as Exhibit 38.

17 - - - - -

18 (Thereupon, Deposition Exhibit 38,

19 Bench Trial, was marked for purposes

20 of identification.)

21 - - - - -

22 MR. GIVEN: Stephanie you want

23 to --

24 Q. And just take a quick look at it.

25 You don't need to read it all right now.

175

1 On the front page you see that

2 there's a date April 5, 1990; do you see that?

3 A. Yes.

4 Q. And it says bench trial; correct?

5 A. Correct.

6 Q. And then it says The People of the

7 State of Illinois versus Jacques Rivera. Do

8 you see that?

9 A. Yes.

10 Q. Does that help refresh your

11 recollection that the trial that you testified

12 at was in April of 1990?

13 A. That doesn't help me at all as what

14 day it was.

15 Q. Okay. You don't have any reason to

16 dispute the date of --

17 A. Oh, no, no, no. I'm not disputing

18 your dates. I'm just disputing the fact that I

19 couldn't tell you the date.

20 Q. Sure. I understand.

21 THE VIDEOGRAPHER: I'm sorry, could

22 you move your microphone up?

23 MR. GIVEN: Is that better?

24 THE VIDEOGRAPHER: Yes. Thank you.

25 Q. Now, do you remember you were asked

176

1 questions at the trial by lawyers; correct?

2 A. Correct.

3 Q. And you answered those questions as

4 best you could; correct?

5 A. Correct.

6 Q. Were you asked the following

7 questions and did you give the following

8 answers? Question: Were you ever shown a

9 photograph of a man named Rodriguez that was in

10 the Imperial Gangsters? Did police ever show

11 you his photograph? Answer: No. Question:

12 They did not? Answer: They showed me some

13 other pictures of some other gang members.

14 Were you asked those questions and

15 did you give that answer? I'm sorry, Stephanie

16 this is on --

17 MS. ADAMS: I got it.

18 A. If I said I --

19 MR. BOWMAN: Hang on, hang on. I

20 need to make an objection before you answer,

21 and the objection is that if this was being

22 read for purposes of impeachment, it is not

23 impeaching, and if it's not for impeachment

24 then it's hearsay.

25 MR. GIVEN: It is for impeachment.

Case: 1:12-cv-04428 Document #: 313-6 Filed: 09/19/17 Page 45 of 64 PageID #:14862
Chicago, Illinois (312) 263-0052

McCorkle Litigation Services, Inc.

45 (Pages 177 to 180)

177

1 BY MR. GIVEN:

2 Q. And let me ask again, Mr. Lopez, on

3 other occasions besides the night of the

4 shooting police showed you other photographs of

5 other gang members; didn't they?

6 MR. BOWMAN: Objection.

7 A. No, they did not.

8 Q. So during the course of the

9 investigation you don't -- do you remember one

10 way or the other if the police showed you other

11 photographs besides the gang books?

12 A. Latin Kings, and I repeated Latin

13 Kings. That was it.

14 Q. You were interviewed quite a few

15 times about this case; weren't you?

16 A. Presumably, yeah, I -- yes.

17 Q. And you can't remember all the

18 times that you were interviewed and showed

19 photographs; can you?

20 A. I was only showed Latin Kings.

21 Those were the only pictures they showed me.

22 Q. Now, some time after you picked out

23 Jacques Rivera's photograph from the gang book,

24 you viewed a lineup at a police station;

25 correct?

178

1 A. Yes. I did a lineup.

2 Q. And you believe you saw two

3 lineups; correct?

4 A. Yes.

5 MR. BOWMAN: Objection. That's not

6 his testimony.

7 Q. And it's true, isn't it, that you

8 picked Jacques Rivera in every live lineup that

9 you saw; correct?

10 A. Correct.

11 Q. There's no doubt in your mind; is

12 there?

13 A. No.

14 Q. Now, while you were at the police

15 station but before you viewed a lineup, you had

16 a conversation with a white-haired woman;

17 correct?

18 MR. BOWMAN: Objection. Misstates

19 the testimony.

20 A. Answer?

21 MR. BOWMAN: Answer.

22 MS. ADAMS: You can answer.

23 A. Yeah, I did say something about a

24 lady with white hair, yes.

25 Q. Okay. And you told this

179

1 white-haired woman that you had picked the

2 wrong guy?

3 A. Correct.

4 Q. And the white-haired lady told you

5 not to be afraid, nothing was going to happen

6 to you, you would be protected; is that

7 correct?

8 A. In those lines, yes.

9 Q. And this conversation was the first

10 time you had ever encountered that white-haired

11 lady; correct?

12 A. Correct.

13 Q. And the white-haired lady was the

14 only person you told that the shooter wasn't

15 Rivera; is that correct?

16 MR. BOWMAN: Objection. That

17 misstates the testimony. He's testified there

18 were two people present at the time.

19 MR. GIVEN: Stop the speaking

20 objections. If you have an objection, state it

21 cleanly. I'll ask my question again.

22 MR. BOWMAN: You can't ask a

23 question that misstates the testimony.

24 MR. GIVEN: I am not and --

25 misstating the testimony. I am asking a

180

1 question. I will ask it again.

2 BY MR. GIVEN:

3 Q. The white-haired lady was the only

4 person you told that the shooter wasn't Rivera;

5 correct?

6 MR. BOWMAN: Objection. Same

7 objection. Misstates.

8 MS. ADAMS: You can answer.

9 A. There was -- oh, Lord. I said

10 white lady --

11 Q. Let me ask my question again.

12 MR. BOWMAN: He hasn't finished

13 answering yet, and you can't interrupt him.

14 MS. ADAMS: Listen to the question

15 and just answer that.

16 A. Yeah, I told the lady -- white

17 lady --

18 MS. ADAMS: Listen to what he asked

19 you. One more time. Listen to his question.

20 Q. Let me ask my question again. The

21 white-haired lady was the only person you told

22 that the shooter wasn't Rivera; correct?

23 MR. BOWMAN: Objection. Misstates

24 his testimony.

25 A. At the time, yes, I told her, only

Case: 1:12-cv-04428 Document #: 313-6 Filed: 09/19/17 Page 46 of 64 PageID #:14863
Chicago, Illinois (312) 263-0052

McCorkle Litigation Services, Inc.

46 (Pages 181 to 184)

181

1 her. I'm assuming I told her because she was

2 the only one that was telling me that things

3 will be fine.

4 Q. And then a few minutes after you

5 had this conversation with the white-haired

6 lady you went to a lineup and you picked Rivera

7 again; correct?

8 A. Yeah, I picked him -- I picked him

9 out twice.

10 Q. Now, the police did not point

11 Rivera out to you in the lineup; did they?

12 A. No.

13 Q. And they didn't point him out to

14 you in those gangs books; did they?

15 A. Nope.

16 Q. And the police or no one else in

17 authority at the station ever forced you to

18 identify Rivera as the shooter in the lineup;

19 did they?

20 A. Correct.

21 Q. In fact, you told Cynthia Estes and

22 Jennifer Linzer in February 2010 that you

23 wanted them to know that the police did not

24 force you into picking anybody out; didn't you?

25 A. Correct.

182

1 MR. BOWMAN: Objection to that

2 foundation. Form.

3 Q. Now, at Mr. Rivera's criminal trial

4 in April of 1990, you testified in court that

5 Jacques Rivera was the person who shot and

6 killed Felix Valentin; didn't you?

7 A. At the trial, yes.

8 Q. And that was a lie; wasn't it?

9 A. Yes, it was.

10 Q. And you knew it was a lie; right?

11 A. Yes.

12 Q. Now, nobody forced you to lie;

13 correct?

14 A. Correct.

15 Q. The police didn't pressure you into

16 falsely identifying Jacques at the trial; did

17 they?

18 A. No.

19 Q. The police didn't force you to pick

20 Jacques Rivera's photograph from the gang book;

21 did they?

22 A. No.

23 Q. Just give me a second.

24 MR. GIVEN: I don't have any other

25 questions.

183

1 MR. BOWMAN: We'll take one last

2 break, and I'll have a few questions or

3 possibly not. We're close to the end.

4

5 THE VIDEOGRAPHER: Off the record

6 3:42.

7 (Recess taken 3:42 p.m.)

8 - - - - -

9

10 THE VIDEOGRAPHER: Back on the

11 record. The time is 3:52.

12 (Deposition resumed 3:52 p.m.)

13 MR. BOWMAN: Mr. Lopez, I -- once

14 again I want to thank you for your cooperation

15 in this process. I do not have any further

16 questions for you. So that concludes the

17 questioning and your lawyer will advise you

18 regarding the rights that you have with respect

19 to the transcript that's going to be made of

20 your deposition.

21 MS. ADAMS: He'll read, of course.

22 MR. BOWMAN: Very good. So before

23 we go off the record there is one thing that

24 Mr. Given brought to my attention during one of

25 our breaks. Specifically with reference to

184

1 Exhibit 31, which is the Google Maps page with

2 3320 West Cortland and the surrounding area in

3 Chicago. As Mr. Lopez testified, there is an

4 A, which is within a bubble, and that is

5 supposed to designate the address 3320 West

6 Cortland.

7 In fact, that A we can all see is

8 misplaced. The map depicts the alley between

9 Kimball and Spaulding that ran adjacent to 3320

10 just to the east and the bubble, therefore,

11 should be placed just to the left on our map of

12 that alley, and I'm just going to take my ink

13 pen and make an X at the location where 3320

14 should be designated on this map, and I think

15 we all stipulate that that's the correct

16 location.

17 MS. ROSEN: Yes.

18 MR. GIVEN: I agree.

19 MR. BOWMAN: And that concludes our

20 record. So we're off the record at this point.

21 THE VIDEOGRAPHER: Off the record

22 3:54.

23 (Whereupon the deposition was

24 concluded at 3:54 p.m.)

25

Case: 1:12-cv-04428 Document #: 313-6 Filed: 09/19/17 Page 47 of 64 PageID #:14864
Chicago, Illinois (312) 263-0052

McCorkle Litigation Services, Inc.

47 (Pages 185 to 188)

185

1 Whereupon, counsel was requested to give

2 instruction regarding the witness's review of

3 the transcript pursuant to the Civil Rules.

4

5 SIGNATURE:

6 Transcript review was requested pursuant to the

7 applicable Rules of Civil Procedure.

8

9 TRANSCRIPT DELIVERY:

10 Counsel was requested to give instruction

11 regarding delivery date of transcript.

12 Original - Mr. Bowman

13 Copy - Mr. Given

14

15

16

17

18

19

20

21

22

23

24

25

186

1 REPORTER'S CERTIFICATE

2 The State of Ohio, )

3 SS:

4 County of Cuyahoga. )

5

6 I, Toni DiNardo, RPR, a Notary

7 Public within and for the State of Ohio, duly

8 commissioned and qualified, do hereby certify

9 that the within named witness, ORLANDO LOPEZ,

10 was by me first duly sworn to testify the

11 truth, the whole truth and nothing but the

12 truth in the cause aforesaid; that the

13 testimony then given by the above-referenced

14 witness was by me reduced to stenotypy in the

15 presence of said witness; afterwards

16 transcribed, and that the foregoing is a true

17 and correct transcription of the testimony so

18 given by the above-referenced witness.

19 I do further certify that this

20 deposition was taken at the time and place in

21 the foregoing caption specified and was

22 completed without adjournment.

23

24

25

187

1 I do further certify that I am not

2 a relative, counsel or attorney for either

3 party, or otherwise interested in the event of

4 this action.

5 IN WITNESS WHEREOF, I have hereunto

6 set my hand and affixed my seal of office at

7 Cleveland, Ohio, on this ________ day of

8 ___________________, 2013.

9

10

11

12

13 ________________________________

14 Toni DiNardo, RPR, Notary Public

15 within and for the State of Ohio

16

17 My commission expires January 12, 2015.

18

19

20

21

22

23

24

25

1 DEPOSITION REVIEW

 CERTIFICATION OF WITNESS

2

 ASSIGNMENT NO: 1669960

3 CASE NAME: Rivera, Jacques v. Guevara, Reynaldo, Et Al

 DATE OF DEPOSITION: 5/29/2013

4 WITNESS' NAME: Orlando Lopez

5 In accordance with the Rules of Civil

Procedure, I have read the entire transcript of

6 my testimony or it has been read to me.

7 I have made no changes to the testimony

as transcribed by the court reporter.

8

_______________ ________________________

9 Date Orlando Lopez

10 Sworn to and subscribed before me, a

Notary Public in and for the State and County,

11 the referenced witness did personally appear

and acknowledge that:

12

 They have read the transcript;

13 They signed the foregoing Sworn

 Statement; and

14 Their execution of this Statement is of

 their free act and deed.

15

 I have affixed my name and official seal

16

this ______ day of_____________________, 20____.

17

 ___________________________________

18 Notary Public

19 ___________________________________

 Commission Expiration Date

20

21

22

23

24

25

Case: 1:12-cv-04428 Document #: 313-6 Filed: 09/19/17 Page 48 of 64 PageID #:14865
Chicago, Illinois (312) 263-0052

McCorkle Litigation Services, Inc.

48 (Pages 189 to 190)

1 DEPOSITION REVIEW

 CERTIFICATION OF WITNESS

2

 ASSIGNMENT NO: 1669960

3 CASE NAME: Rivera, Jacques v. Guevara, Reynaldo, Et Al

 DATE OF DEPOSITION: 5/29/2013

4 WITNESS' NAME: Orlando Lopez

5 In accordance with the Rules of Civil

Procedure, I have read the entire transcript of

6 my testimony or it has been read to me.

7 I have listed my changes on the attached

Errata Sheet, listing page and line numbers as

8 well as the reason(s) for the change(s).

9 I request that these changes be entered

as part of the record of my testimony.

10

 I have executed the Errata Sheet, as well

11 as this Certificate, and request and authorize

that both be appended to the transcript of my

12 testimony and be incorporated therein.

13 _______________ ________________________

 Date Orlando Lopez

14

 Sworn to and subscribed before me, a

15 Notary Public in and for the State and County,

the referenced witness did personally appear

16 and acknowledge that:

17 They have read the transcript;

 They have listed all of their corrections

18 in the appended Errata Sheet;

 They signed the foregoing Sworn

19 Statement; and

 Their execution of this Statement is of

20 their free act and deed.

21 I have affixed my name and official seal

22 this ______ day of_____________________, 20____.

23 ___________________________________

 Notary Public

24

 ___________________________________

25 Commission Expiration Date

1 ERRATA SHEET

RENNILLO DEPOSITION & DISCOVERY - A VERITEXT COMPANY

2 ASSIGNMENT NO: 1669960

3 PAGE/LINE(S) / CHANGE /REASON

4 ___________________________________________________

5 ___________________________________________________

6 ___________________________________________________

7 ___________________________________________________

8 ___________________________________________________

9 ___________________________________________________

10 ___________________________________________________

11 ___________________________________________________

12 ___________________________________________________

13 ___________________________________________________

14 ___________________________________________________

15 ___________________________________________________

16 ___________________________________________________

17 ___________________________________________________

18 ___________________________________________________

19

_______________ ________________________

20 Date Orlando Lopez

21 SUBSCRIBED AND SWORN TO BEFORE ME THIS ________

22 DAY OF ________________________, 20______ .

23 ___________________________________

 Notary Public

24

 ___________________________________

25 Commission Expiration Date

Case: 1:12-cv-04428 Document #: 313-6 Filed: 09/19/17 Page 49 of 64 PageID #:14866
Chicago, Illinois (312) 263-0052

McCorkle Litigation Services, Inc.

1

A

ability

17:9 65:11

150:25

able

41:15 44:23

45:7 47:9

49:5 51:23

52:14 54:15

54:19 69:19

124:7

aboverefere...

186:13,18

absolutely

12:19 57:25

accommodate

13:15

accomplish

128:4

accurate

15:20 17:4

96:1 106:11

106:12,17

114:25 115:4

117:13,14,15

117:21 126:4

154:24 155:5

acknowledge

188:11 189:16

acquainted

29:20

act

188:14 189:20

action

187:4

actions

26:12

actual

26:6

adams

4:4 10:17,17

14:3 16:10

16:13 20:11

20:13 24:13

24:18,24

33:10 35:19

41:22 43:12

82:22 90:22

92:9,16,20

112:8,13

118:23 120:1

153:4 159:8

159:17,20

160:13

161:10

176:17

178:22 180:8

180:14,18

183:21

adamssd

4:8

add

72:24

additional

58:16 119:13

address

19:8 33:22

34:1 88:21

117:25 184:5

addressed

66:23

adjacent

184:9

adjournment

186:22

adult

101:1

advise

183:17

affidavit

6:3 14:25 15:6

15:16 125:8

125:13

126:10

127:15,16,20

128:4 151:8

151:11,25

158:24 159:2

160:17

affiliation

62:24

affixed

187:6 188:15

189:21

aforesaid

186:12

afraid

50:13 80:5

90:20 93:22

94:4 97:4,6

97:7 101:3

156:17

157:17,22

163:8 179:5

afternoon

11:13 37:4,9

45:8 107:13

119:24 122:4

122:7

age

10:21 25:10

30:20 50:9

136:7,10

147:16,21

173:23,23

ago

16:25 65:17

66:10 96:9

110:14

agree

26:14 174:8

184:18

ahead

31:11 85:4

112:1,3

143:14

149:17

al

1:11 188:3

189:3

alibi

155:16,20

156:3

alike

166:25

alive

149:2 166:4

alley

28:21 36:19,22

38:6,11

41:14 42:2,5

42:7 43:4

45:2 46:15

47:13 53:18

57:14 106:1

108:19

109:14 134:8

135:20 184:8

184:12

amazed

154:20

amazing

115:12

anand

2:15,20 10:11

angel

167:15

angels

81:20

anger

138:4

angle

143:15

anniversary

20:14

answer

11:23 12:8

13:3,5 19:18

85:4,9 87:6

109:10

112:18,20,24

117:1 131:14

143:13,14

149:3 151:2

153:4 155:9

176:11,12,15

176:20

178:20,21,22

180:8,15

answered

11:24 65:10

85:10 105:5

108:21

109:18 155:2

176:3

answering

12:14 13:18

24:19 105:6

148:12,12,12

148:14

180:13

answers

11:20 36:19

176:8

antagonized

91:19

anybody

46:25 76:9

109:7 117:1

118:16 136:2

141:12

160:11,25

161:16

181:24

anybodys

19:23

apart

102:21

apartment

28:17,19 32:14

34:1 37:10

37:11 38:14

38:16,19,23

41:12,13

43:16 45:2

47:22 63:17

65:5 133:11

134:7 142:14

apologies

71:12

apologize

34:24 55:19

73:21 79:11

85:21 91:20

103:18

115:18 116:3

116:4 138:9

148:13 160:9

169:10

appear

188:11 189:15

appearance

73:24

appearances

2:1 3:1 4:1

5:3 10:6

appeared

63:9

appended

189:11,18

applicable

185:7

appreciate

44:6 119:9,14

138:14

approximately

21:9 37:13

102:5

april

173:16,19

174:3 175:2

175:12 182:4

area

19:10,15 20:17

22:10,18,19

33:20 80:5

128:8 130:13

130:14

142:19

145:16 146:8

184:2

arguing

156:10

armitage

32:17,20 34:20

42:9 85:13

88:9,10,23

89:3,4,11

93:5,13

129:25 130:2

arrangement

29:10

arrested

132:25

asked

12:25 13:7,17

13:18 34:12

60:20 61:7

64:18 66:16

66:18,19,21

73:5 75:5

83:12,15

84:15 104:2

105:5 108:20

109:17

116:14

122:14

123:20

127:13,14

138:18

139:10 140:3

150:22 152:6

155:2 158:23

169:10

172:22

175:25 176:6

176:14

180:18

asking

12:7 27:11

34:5,7 60:17

65:7 85:17

86:7,10

87:16 92:4,5

92:7 113:1

113:14

114:19

115:12

123:15

138:24 139:6

139:14,22

150:8,15,20

167:18

179:25

assignment

188:2 189:2

190:2

assume

13:6 30:19

54:9 70:4

72:21 98:11

159:5 165:22

assumed

61:18 97:6

assuming

14:2 32:11

56:6,6 61:2

68:24 93:16

147:20 181:1

assumption

61:24 62:2

71:21

assumptions

96:20

assured

95:14

assuring

79:12 94:5

95:21 96:6

97:2,4,13

101:8

attached

189:7

attend

27:20

attended

27:21

attending

27:16,18

attention

183:24

attorney

5:16 127:1,9

160:1,12,18

161:2,18,23

162:25 163:2

187:2

attorneys

124:4 161:22

162:2,25

attracted

24:10

audibly

11:23

august

17:13 18:7

25:20,24

26:16 169:15

authority

181:17

authorize

189:11

avenue

2:7 35:2

avers

27:24 35:13

118:1 156:16

avoid

12:5

aware

133:1 145:20

146:6

awhile

124:7

B

baby

150:1

back

19:7 23:2,7,10

23:15 25:18

39:25 40:2,5

40:14 45:19

46:12,19,20

46:24 47:1,8

50:15,19

51:5,14,17

51:19,22

53:22 54:1,2

54:4 59:11

60:16 63:6

67:10,12

69:1 77:19

78:8 83:14

93:1 97:22

98:2,24 99:4

101:5 103:25

103:25

105:18 106:6

107:6,7,8,9

107:23 109:5

110:22

113:23

117:24

118:12 122:1

124:7 126:5

126:10 131:1

134:20 135:8

135:10

139:11

143:16,17

144:7 149:6

156:7 157:12

158:24

159:12,15

167:3 171:7

173:16 174:9

183:10

bad

34:13

ballpark

72:19

bam

49:23,24

base

97:22

baseball

18:11 59:2

111:2,10

112:17,23

113:2,4,16

114:20 171:5

based

73:8 114:11

138:21

basement

134:22

basically

138:20

basis

153:2

bates

40:21 44:11,13

48:8 52:1

140:21

bb

43:22,23 51:3

65:20 108:4

beat

145:14

bedroom

134:16,18

135:12

beeped

134:4

beginning

112:5 152:14

169:5

behalf

2:3,13 3:3,17

4:2 10:15,18

127:24

beige

105:25

belabor

25:13

believe

14:25 31:3

67:4 78:21

83:10 136:22

138:5 178:2

believed

82:18,25 83:6

145:21 146:6

172:15,25

bell

167:16,25

bench

6:12 174:19

175:4

best

12:4,22 17:8

21:4 33:11

37:14 38:3

40:4 41:24

44:5 65:11

66:9,15 69:6

78:10 88:20

94:20 95:1

96:8,11

102:2 138:12

147:6 148:13

150:25 151:3

176:4

better

89:1 148:1

174:11

175:23

big

35:9 101:11

130:1 171:20

binder

Case: 1:12-cv-04428 Document #: 313-6 Filed: 09/19/17 Page 50 of 64 PageID #:14867
Chicago, Illinois (312) 263-0052

McCorkle Litigation Services, Inc.

2

69:11,13,17

69:20 70:2,6

71:8 95:12

binders

69:9,10,23

70:8,11,14

70:22 71:2

71:16 171:20

birth

25:8

bit

122:17 128:7

156:25

158:22

black

39:25 40:1,1,9

40:10 43:15

45:20 46:9

56:23 58:22

62:21 63:4

89:24 91:23

93:6 115:9

blew

46:17

block

49:22

blond

95:18

blondhaired

158:16

blue

56:4,9 60:16

64:1,5,22,23

105:25 158:3

158:3,4,5,5

blues

60:15

bluhm

2:4 44:13,13

48:9 52:2

140:23,23

bluntly

103:18

boarded

134:20 135:8

bombard

148:11

book

71:19 72:21

73:2 152:16

153:19

177:23

182:20

books

61:1,2 66:24

66:24 67:5,6

67:8,9 69:4

71:8,10,25

72:6 77:13

93:8 171:9

171:12,24

172:7,14

177:11

181:14

borderline

130:5

born

21:21

bottom

35:1,23 140:22

152:8

bowman

2:6 5:9,16

10:8,9 11:2

11:10 16:12

24:19 26:1

33:2 42:14

42:18 43:6

45:15 49:16

52:10 53:12

57:19,22,25

59:4 83:2

87:7,13,20

87:23 94:25

110:13

112:11 113:8

116:19 119:8

122:14 125:7

135:2 140:13

143:11

144:10

150:12

152:25 153:7

154:3 155:1

155:6,9

159:3 168:17

173:14

176:19 177:6

178:5,18,21

179:16,22

180:6,12,23

182:1 183:1

183:13,22

184:19

185:12

box

22:19

boy

30:21 62:14

64:5 130:16

boyfriend

31:3 68:17

boys

30:15 60:16

61:23 64:1

64:22,23

128:23,25

129:7 130:20

130:22 158:4

158:5

brain

55:8

break

13:11,13 59:5

92:17 110:15

110:16

119:17

168:11 183:2

breaks

183:25

bring

55:9 111:12

140:7

bringing

60:25

brother

31:22 48:3

88:12 107:3

107:4 108:24

110:4 144:12

145:4,7,8,9

145:12,14,17

145:22 146:1

146:4,9,23

147:12,15

brotherinlaw

30:4 47:19

61:22 62:10

62:11 108:24

132:19 133:3

134:4

brotherinlaws

81:8 88:12

107:4 108:24

110:4

brothers

146:13 147:8

148:22

brought

69:5 70:11,14

71:7,19

73:14 104:5

132:17,20

152:16

153:19

183:24

brown

55:11 56:5,8

brownish

55:11

bubble

33:23 184:4,10

bud

67:2

buffer

170:7

building

28:17 36:20,23

37:1,5,21

38:5,10 45:4

45:19 47:12

49:21 50:23

53:19 80:17

80:21,22

143:8

business

84:12 98:4

115:1

buzzing

172:10

bye

163:24

C

calendar

26:9

call

46:16 63:5

76:7 77:6,7

104:15

143:20

162:14

164:16

called

10:21 60:16

69:9

calls

118:22

camera

41:23 43:7

campbell

30:4,9,10

61:23 62:14

68:15,19,22

128:23,25

129:7 130:16

130:19,20,22

167:12

cant

21:2 27:7

37:18 45:22

66:12 70:3

72:11 79:8

80:15 98:17

109:25

131:13 135:4

136:8 141:23

141:25 149:3

177:17

179:22

180:13

caption

186:21

car

37:23,24 38:4

38:9,12,17

38:22,25

39:8 41:16

42:5,8,21

43:2 45:7,12

46:23,24

47:2,5,12

48:4 52:19

53:2,3,16

54:10,12,18

54:19 55:25

56:1,4,11,16

56:21,22,25

57:5,6,8,13

57:13,15,16

58:2,4,6,15

60:21 61:12

61:13 62:14

77:20 105:25

106:4 107:2

107:9,16,23

108:18

109:13 134:8

135:22,23,23

142:7,9,9

147:24 170:3

170:11

card

103:24

care

158:10 166:23

careful

172:7

carefully

171:25

carlos

167:17

carry

95:13

case

1:9 14:17 60:5

86:9 87:4

92:6 93:14

94:2,3 97:8

97:25 102:7

102:23 104:4

122:25 124:5

128:5 169:7

173:16,24

177:15 188:3

189:3

casualty

21:24

cat

40:22

catch

30:8 57:21,22

caucasian

95:15,16

cause

84:24 86:8

186:12

caused

73:24 89:21

90:9 100:20

center

33:24

central

35:12 36:11,12

88:10,23

130:1,2,3

certain

155:24,25

166:20,21

172:20

certificate

5:13 186:1

189:11

certification

188:1 189:1

certified

10:24

certify

186:8,19 187:1

chair

72:4

chance

14:2,19 16:19

35:18

change

86:9 97:7

189:8 190:3

changes

127:11 188:7

189:7,9

chaotic

65:3 66:10

checking

77:16

chevy

56:6,7,10

chicago

2:7,8,18 3:18

3:23 10:14

14:7,7 20:23

20:25 21:9

21:12 22:5

22:11 23:2

23:14 24:3

25:16 26:23

30:13 33:19

62:20 75:21

122:10

123:13,18

124:3,10

150:3 157:19

161:20 162:1

184:3

child

65:12 72:11

136:13

children

19:22 20:4

21:21 103:24

132:5 164:12

164:23,24

christ

163:9

circumstances

170:24

city

3:17 10:14

14:7 21:12

23:6 25:16

33:19 34:21

122:9

civil

10:23 122:25

185:3,7

188:5 189:5

clarify

16:19

clark

3:21

class

147:16

cleaner

23:25

cleaning

24:6,7,11,17

cleanly

179:21

clear

11:21 12:2,15

12:20,23

13:2 15:22

16:13 17:17

22:2 25:13

26:3 30:25

32:22 33:21

34:14 38:18

64:7 65:13

68:4 72:23

114:15 159:8

clemente

168:9

cleveland

1:21 10:5

19:11 20:16

24:2,8

123:14,16

187:7

client

152:8

clinic

2:5

close

183:3

closest

42:12,22

clothes

90:7

coaching

150:18

coat

93:6

cobra

132:23

cobras

130:4

collect

119:19

color

40:18 54:24,25

56:7 62:18

63:7

colored

55:4

colors

62:22 63:2,4

columbus

4:6

com

2:20 3:15,15

3:25 4:8

come

13:22 23:7

36:6,10,16

37:3,8 59:14

69:1 80:7

92:13,20

94:10 96:16

101:16

104:17

111:13,13

127:13

133:13

135:15 142:5

142:13 145:4

154:14

160:20

163:16

comes

112:21

coming

14:22 15:23

47:1 54:2

68:14 102:11

102:14,22

103:18

105:12 106:6

106:13,14

107:3 109:5

115:18 137:8

commission

187:17 188:19

189:25

190:25

commissioned

186:8

communicate

159:9,23

165:17

communicated

159:2,9

communication

159:25 160:11

communications

160:16

company

190:1

completed

186:22

completely

25:14 69:13

complies

45:14 52:25

53:4,11,17

comprehensible

12:23

computer

160:21

concept

114:9

concern

163:2,18

concerned

157:20 163:5,8

conclude

62:16 71:14

110:16

concluded

184:24

concludes

183:16 184:19

conduct

84:5

Case: 1:12-cv-04428 Document #: 313-6 Filed: 09/19/17 Page 51 of 64 PageID #:14868
Chicago, Illinois (312) 263-0052

McCorkle Litigation Services, Inc.

3

confident

19:4

confirm

34:3

confused

122:20

confusing

34:13

connected

63:1 87:25

connection

78:13 123:2,7

connelly

3:19

consider

32:3 149:5

considered

32:4 134:22,23

consult

13:11

contact

60:7 75:9,10

150:2 161:1

161:16

context

114:13

continue

165:17

continued

122:5

continuing

112:5 113:9

convers

148:8

conversation

67:22 75:7,17

79:16 84:10

86:19 97:17

97:20 98:6

98:20,22

99:2 103:12

116:25 117:4

117:5 135:18

153:17

155:13

178:16 179:9

181:5

conversations

84:13

conveyed

79:18

conviction

16:15 123:7

124:13 162:4

163:1

cook

162:13

cooperation

44:7 119:9,15

183:14

cop

106:9

copies

40:18 126:17

127:2

cops

60:14 67:11

68:1,13 72:1

112:25

114:23

152:16

153:19 158:9

copy

125:7 137:18

185:13

corner

46:13,20 49:12

49:14 52:17

54:5 89:16

105:11,18,19

105:19 107:5

107:8 134:17

143:9,17

correct

11:8 14:4,13

14:18 17:10

19:5 22:25

23:13 24:9

25:4,6,17

28:15,18

29:18 34:7

35:14,25

36:1,21

38:21 39:15

39:18 42:10

42:23 45:5

46:6 51:13

51:15 53:20

57:18 58:7

59:24 63:11

63:23 65:18

69:18 71:22

74:24 76:23

77:4 81:11

89:9 93:11

99:9 101:15

101:22

112:17,18,20

112:20 116:5

116:6 117:22

123:3,4,24

124:2,14

125:6,23

126:6,12,15

127:25

128:19

129:11,12,14

130:17

131:10 132:9

132:10 133:9

133:12,18,24

135:24

137:14

143:24 145:2

146:14,17

156:8,12

157:14

158:14

160:13,14,18

160:24

162:23

164:10,13

169:16,17,20

169:23 170:1

170:5,9,10

170:13,14,17

170:20,21

171:1,6,11

171:21,23

172:1,5,8,16

172:18,21,24

174:1,6,7

175:4,5

176:1,2,4,5

177:25 178:3

178:9,10,17

179:3,7,11

179:12,15

180:5,22

181:7,20,25

182:13,14

184:15

186:17

corrections

125:25 126:3

126:10

189:17

correctly

126:2

cortland

26:22 28:6,16

32:7,8,15,17

33:19,20,23

34:3,5,8,20

36:5,9 38:13

38:13 45:4

105:11

129:22 131:1

142:20 170:7

184:2,6

couldnt

49:25 50:8

56:20 119:7

137:6 149:3

154:17

156:20 159:6

165:16 168:8

173:19

175:19

counsel

10:6 14:8

35:20 48:18

185:1,10

187:2

counsels

42:25

county

162:13 186:4

188:10

189:15

couple

23:18 88:8

105:7 132:15

153:13 159:5

172:22

174:10

course

56:12 104:25

136:13 177:8

183:21

court

1:1 10:19

11:17,18,22

16:2 101:17

101:19 102:3

103:6 104:16

113:10,12,24

125:5 155:21

162:9,15

168:18 182:4

188:7

courtroom

102:24,25

103:1 156:7

courts

162:14

crime

40:25 132:17

criminal

137:21,23

140:2 162:21

173:16,24

182:3

cross

16:11,13 32:16

49:13

cry

21:22

crying

142:17

cure

87:15

current

25:10

currently

19:10

curse

138:3,4

custody

5:15

cut

140:22

cuyahoga

186:4

cv

1:9

cynthia

102:14 103:15

104:22

123:22 127:3

127:4,12

137:8 144:1

148:2 150:6

151:5 153:18

154:1 155:14

159:2,23

160:7 161:7

161:12

163:25

181:21

D

dad

29:11 156:21

dads

156:16

daniel

3:7

dark

55:12 76:25

date

10:2 18:6 21:3

25:7,19,22

26:6,15,17

27:9 175:2

175:16,19

185:11 188:3

188:9,19

189:3,13,25

190:20,25

dated

125:8

dates

175:18

dating

131:11 167:6

day

25:21 26:4,7,9

26:18,21

27:5,14

37:14 60:10

60:11,16

77:14 117:24

133:6,11

134:21 135:8

144:7 156:20

169:5 175:14

187:7 188:16

189:22

190:22

daylight

37:16

days

87:1,18 118:12

152:18,19

153:21,22

deal

149:20

dealing

77:3

death

22:24 131:15

decade

21:5

decided

22:8

deed

188:14 189:20

deeply

131:21

defendant

3:17 10:14,16

169:6

defendants

1:13 3:3 14:8

defense

155:21 156:4

delivery

185:9,11

denise

149:24

department

40:23

depicts

184:8

deposed

10:24

deposition

1:15,19 10:3

11:15 15:5

16:6 19:11

33:13 41:2

44:18 48:14

52:5 59:13

86:22 93:3

110:24 122:3

140:15

151:13

168:23

174:18

183:12,20

184:23

186:20 188:1

188:3 189:1

189:3 190:1

describe

39:22 50:5

56:1 66:15

69:4 74:13

90:17 95:5

described

39:16 136:5

158:2,15

171:22

description

6:2 69:6 89:2

148:1

descriptive

148:18

designate

17:19 184:5

designated

184:14

designation

48:9

destroyed

92:12,12

detail

109:20,25

110:2,10

details

40:3,4,8

106:15

139:14

146:21

166:22,22

detective

75:25 76:1

77:8,8,9,12

77:18 81:2,4

81:6,7,14,17

83:18,19

95:8,8,11,25

99:19,24

117:2,7,17

136:5

detectives

81:18 100:2

deuces

128:13

devon

3:11

diagonally

143:23

diamond

91:9

didnt

21:24 22:16

25:24 27:9

30:8 46:18

46:19 50:9

50:10 68:11

69:12 73:13

78:19,19

83:2 87:10

87:15 93:25

95:11 96:18

97:3,23,24

98:3 105:3

106:23

113:13 114:5

114:9 139:8

145:11,19

146:20,20

147:4,6,11

147:24

149:20 156:3

156:24

157:12,15,21

158:8,9,10

159:9 166:2

171:2 172:20

173:1,3,6,12

177:5 181:13

181:24 182:6

182:15,19

die

25:24 132:11

died

21:22 132:19

difference

65:23 91:15,24

different

82:2,3 85:3

86:5,6 87:21

164:9 165:1

differently

154:11,18

difficult

118:13 138:13

difficulty

44:6

dinardo

1:22 186:6

187:14

direct

16:10,11,12

122:19

direction

32:8 39:1

55:18 60:21

61:13 65:19

66:6 68:20

143:10,18

directions

35:21

directly

89:7 109:6

159:10,24

161:1

disciples

21:20 22:22

128:18,22,24

129:3,11

130:8,11

discovery

1:19 190:1

discussion

35:16

discussions

60:4

dispute

175:16

disputing

175:17,18

disrespect

76:9

distance

138:25 142:25

143:1 164:7

district

1:1,2

divided

22:12

division

1:3

document

44:12

documents

14:20 127:6

doesnt

167:25 175:13

doing

12:15 31:25

43:15 68:2

73:7 90:23

92:10,10

97:23 104:9

138:15

165:24

don

129:4

dont

Case: 1:12-cv-04428 Document #: 313-6 Filed: 09/19/17 Page 52 of 64 PageID #:14869
Chicago, Illinois (312) 263-0052

McCorkle Litigation Services, Inc.

4

11:20 12:24

19:23 20:13

25:12 26:10

28:3 30:19

40:17 41:24

42:24 44:3

51:8 53:1

56:8 57:19

64:11,12,12

64:13,14,16

64:19,20

67:7,17 70:3

70:23 71:12

72:21,22,22

72:24,25

75:4,13,14

76:1,9,13

77:14 79:9

80:10,16

81:14,16

83:18 84:9,9

84:12,14,17

85:17 87:21

90:22 91:11

91:17 92:2,7

92:9,15

93:22 94:13

94:16,18

95:17 96:4

97:2,4 99:24

102:8,12,18

102:19 103:2

103:4 104:6

105:1 111:9

111:15,18,19

113:6 114:13

116:15 117:5

119:1,6

124:6 136:9

136:9,10,18

136:19 139:3

139:5,18,19

141:4,8,9,17

141:23 142:1

142:2,23

143:2 148:4

148:13,17,19

148:19 149:4

150:5,17,19

151:19 152:1

153:4,9

154:18,22

155:11,25

157:7,7,16

158:12 159:6

163:10

166:10 167:2

167:19,20

168:10,24

174:2,4,25

175:15 177:9

182:24

door

38:20 48:22,24

89:13 124:1

134:1 137:9

143:7 164:1

double

57:1,6

doubt

18:20,25 84:24

178:11

drafts

126:25 127:10

draw

33:4

dressed

13:24 45:20

46:8 58:22

95:10

drive

106:1 108:18

109:13

170:23

driven

83:14

driver

39:10 147:24

148:3

drivers

39:12 42:16,20

drives

47:2

driving

48:5 56:12,14

56:16 135:22

drove

13:25 79:21,23

duces

127:6

due

21:20

duly

10:23 186:7,10

dye

63:9

dyed

63:6,7

E

earlier

51:20 77:25

122:8,14,20

136:6,21

137:7 142:4

143:5 145:1

147:23

157:10 158:2

158:23

169:10

171:22

early

122:23

easier

53:8

easiest

49:9

east

1:20 2:7 32:10

32:11,13,15

32:19 34:4

35:4,8,9,23

36:5,25 39:2

55:20 57:8

61:14 68:15

106:2 142:18

143:19

184:10

eastern

1:3

easy

44:12 118:17

edu

2:10

edward

3:5

eileen

3:20 10:13

122:9

either

56:4 70:18

92:4 93:20

95:16 97:3

114:14

136:19

150:18

155:10 187:2

elementary

27:22 29:9

email

126:7,8 137:25

emails

162:24

emotions

50:5,11 101:5

138:11

employed

24:25

employment

23:19

employs

25:3

encounter

32:16

encountered

179:10

encourage

164:17

endeavor

12:6

ended

88:8

ensure

79:6

ensuring

78:16 80:3

entered

189:9

entire

16:18 188:5

189:5

entirety

16:14

entitled

12:19

entranceway

48:25

erieview

1:20

erosen

3:25

errata

189:7,10,18

190:1

erratically

48:5

errors

17:3

esq

2:6,15 3:10,20

4:4

establish

159:16

estes

123:22 151:5

152:15

181:21

estimate

57:12 70:1

72:15 88:20

89:10 136:7

estimation

21:4

et

1:11 188:3

189:3

eternity

54:16,20

evening

169:18

event

70:17 187:3

events

46:8 48:12

52:13 174:12

eventually

12:12

everybody

12:12 85:10

101:7 115:16

129:5 136:13

evidentiary

153:1

exactly

26:11 38:3,9

43:14 65:18

85:23 106:9

109:21 119:7

154:9,13,21

examination

5:8 10:22 11:1

122:5 169:1

excuse

89:23

executed

189:10

execution

188:14 189:19

exhibit

5:15 6:3,4,5,6

6:7,8,9,10

6:11,12 15:2

15:5,13,19

15:24 16:4,6

16:14 17:2

33:13,18

35:21 40:16

40:17 41:2,8

44:10,18

45:11 48:10

48:14,18

49:10 52:3,5

52:12 57:17

111:22 125:9

137:19

140:15,20

151:13,17

174:15,16,18

184:1

exhibits

5:5,16 6:1

expect

170:19

experience

12:21

expiration

188:19 189:25

190:25

expires

187:17

explain

92:5

expressing

163:2

extra

40:18

extreme

44:6

eye

54:9

F

face

46:22 47:9

51:24,25

54:15,20,21

54:23 55:5,7

55:7,8,15

58:10,13,17

90:11,12

110:3

facial

76:20

facilities

13:12

facing

38:6,7,11

39:19,24

42:3 56:25

57:6,7,8

99:22

fact

45:3 62:2,8,13

90:7 103:6

106:13 163:3

163:3 170:11

170:18,22

175:18

181:21 184:7

factory

23:24 24:1

facts

96:21 110:9

115:23

fair

13:8,9,19,20

20:14 24:15

44:2,3 50:21

64:24 71:23

77:16 110:12

142:3

fairly

138:8

fall

128:25

fallon

3:4

falsely

182:16

family

20:2 21:25

22:14,14

23:3,12

28:19 29:21

30:1 31:7,13

31:23 32:4

32:14 68:23

81:1 92:13

148:20 149:6

149:7,8,23

163:9,18

164:19

far

14:14 56:7

75:25 83:17

89:10 102:11

106:9 119:1

119:3 123:8

138:6,24

139:22

141:10

142:20,22,25

fat

148:3,3

father

29:3,5,6 81:8

81:10,19,20

119:4 136:23

137:4 156:18

fathers

85:14 86:14

117:25

118:10,14,17

fatherss

118:3

feature

76:2

features

74:4,7

february

181:22

feed

24:12

feel

85:18 91:18

feeling

50:6

feelings

86:9

feet

89:17

felix

17:13 18:5,17

21:22 22:7

26:4,18,21

27:6 28:2

29:2,20

31:16,19

37:4,9,24

38:1 39:6,7

39:17 41:14

42:11,16,20

43:17,21

45:20 46:9

46:12 54:6

62:8,9,13

69:23 88:12

101:21

105:10

107:13,14

108:1,6,10

111:1 133:6

133:13,16

134:1 135:19

142:3 148:21

165:12,18,20

166:3,6,25

167:4 168:6

169:15 171:3

172:15 182:6

felixs

22:24 25:19

26:15 29:21

38:4,9 41:16

45:7 47:12

47:17 52:19

53:3 60:8

75:22 81:10

106:4 131:15

132:13

135:23

136:23 137:4

145:21 146:7

156:14

fellow

93:5

felt

22:8,18 29:15

54:16,20

73:8 128:10

female

158:6,8,13,15

fence

22:15

field

103:18

filed

122:10

finally

54:7 61:3

find

103:12 104:14

118:16,18

127:7

finding

118:13

fine

66:13 79:12

80:4 95:14

96:7 97:5,14

101:8 120:3

137:16

165:11 181:3

finger

43:2 53:7 91:6

91:7,8

finish

12:7 13:17

83:2 84:21

119:13 153:5

finished

54:7 153:7

180:12

firm

3:9 24:16 25:3

104:3

first

10:23 11:3,22

21:21 28:25

32:15 35:9

36:6,15

37:21 41:25

46:8 47:11

49:20 50:24

50:25 51:23

53:7,8 54:14

58:18 59:22

60:6,7 63:15

64:2 77:12

77:17 78:1,3

78:5,8,13

79:22 80:8

80:12,20

83:9,21,25

84:4 85:7,11

85:24 86:13

86:25 87:1

88:1,9 98:10

103:5,8

105:23

107:12,18,19

107:25

Case: 1:12-cv-04428 Document #: 313-6 Filed: 09/19/17 Page 53 of 64 PageID #:14870
Chicago, Illinois (312) 263-0052

McCorkle Litigation Services, Inc.

5

113:24 114:3

116:20

122:12 123:5

123:8,12,25

134:6,8,23

135:10

136:23 138:1

138:2 141:21

141:24 143:6

143:25 144:2

145:20,23

146:5 150:6

153:14 158:1

159:24 160:7

161:2,12

162:20 163:9

163:12

167:21 179:9

186:10

fit

129:16 164:6

five

159:6

fix

144:14

flip

69:18 151:18

floor

28:24,25

105:23 134:6

134:8,23

135:10

focused

139:2

focusing

166:24

folks

92:3,5

follow

116:22 127:8

129:5

following

18:17 176:6,7

follows

10:25

followup

122:13

fool

92:8 147:7

foolish

170:22

force

93:25 97:3

104:23 173:3

181:24

182:19

forced

21:16,17,17

181:17

182:12

foregoing

186:16,21

188:13

189:18

foremost

83:9 163:10,12

forever

20:11,12

forgive

100:17

form

15:15 25:23

31:10,21

42:13,15

66:1 79:2

82:20 83:8

84:8 85:2,3

86:18 87:3,5

87:8,9,14,18

90:14 94:24

100:11,22

106:21

111:14,25

112:2,14

115:3,5

116:10,16

117:10,19

118:20,21

125:17

143:11

150:12 153:1

153:8 154:3

159:3 173:14

182:2

formal

11:20

forth

96:10

found

103:11 155:16

foundation

155:2,7 159:19

182:2

four

19:22 20:4

28:11,14

119:6 131:2

framework

129:16

frank

103:19,20

free

188:14 189:20

freshman

144:22 145:24

friend

32:3

friendly

129:13

fro

76:3,5,14,15

76:16,19

77:6 95:25

99:19 117:2

117:7,18

136:6

front

4:5 38:20

48:19 111:21

125:10 141:1

175:1

full

69:10 95:12

129:8

fullerton

129:23,23,25

129:25

fulltime

25:5

functions

164:19

funston

88:24 145:1

further

159:24 168:25

183:15

186:19 187:1

fusco

3:19

G

game

163:17

gang

17:20 22:4,8

22:17,21

25:15 61:21

62:24 63:1

66:21,22,23

77:13 88:13

89:6 90:15

90:18 91:12

91:16,24

92:11,14

93:6,8

128:11,16

129:2,3

130:10

132:22

156:17

170:23 171:9

173:11

176:13 177:5

177:11,23

182:20

gangs

17:21 21:13,19

22:16 66:21

92:11,19

128:7 145:25

157:18

181:14

gangster

17:15,16,18

91:25 96:23

144:5 148:8

gangsters

17:25 88:14

91:1,3,14,22

129:15,20

130:6 170:8

176:10

gather

25:12,14

gawrys

3:4

ged

23:21,22

gentleman

37:24 46:11,21

47:5 51:2

54:4,5 80:17

88:11 95:4,5

95:7,23

96:12 98:18

100:14

106:22 117:2

geography

32:6

george

167:24

getaway

57:13 147:24

getting

58:4 85:21

108:25

115:14

123:19

159:13

gillian

3:7

girlfriend

31:4

girls

158:6

give

35:17 69:6

72:17,18

89:1 96:8

109:25 118:3

125:21

131:13 152:2

167:19 168:5

176:7,15

182:23 185:1

185:10

given

3:10 5:11

10:15,15

11:15 14:21

15:15 30:12

31:10,21

32:22 34:7

66:1 71:3

79:2 82:20

82:23 83:1,4

83:8 84:8,20

85:2 86:17

87:3,5,9,16

90:14 92:18

94:24 96:2

100:23

102:19

106:21

108:20

109:17

111:24 113:6

115:3,5

117:10

118:15,19,21

119:18 127:3

137:17

168:12,14

169:2,4

172:9,12

174:22

175:23

176:25 177:1

179:19,24

180:2 182:24

183:24

184:18

185:13

186:13,18

gizzy

144:4 146:7,13

147:2

glad

33:5 104:11

glanced

46:24

glass

82:6

glasses

76:3,22 117:3

125:3 136:6

go

23:1,10,15

29:16 31:10

31:23 32:13

32:15,19

34:19,25

40:3 46:5,20

50:23 51:1

53:1 60:21

67:6 68:15

68:16,18,21

85:4 88:9

97:22 98:2

100:12,12

101:17 112:1

112:2 115:12

124:3,9

135:7 142:15

142:18

143:14

144:13

146:25

147:13

149:17 152:6

152:13

158:24

159:15

165:20 167:7

170:19

183:23

goal

128:3

god

103:10 104:13

107:1 108:5

goes

14:15 47:2,3

56:7 157:19

going

12:13,22 13:1

13:6 14:24

16:1,17 19:7

19:11 21:22

25:1 27:2

29:15 30:19

34:21 35:1

36:5,9 37:17

37:22 38:1

40:15,16,19

44:8,15 48:7

50:8 51:1

52:21 65:2

73:2 77:7,21

78:17 79:6

79:12 80:3,4

84:11,12

85:8,9,14,19

86:13 87:14

90:23 92:3,6

92:16 93:15

93:18,23

94:1,5 95:22

96:6 97:5,13

97:14 100:16

101:8,11

107:2 109:8

110:13,15

111:20,24

112:4,6

116:3,8,17

116:20

122:12,16,18

122:21

131:16

132:23 133:8

136:15

138:20,21

140:11,19,24

142:23 143:3

151:17 152:3

163:14,15,16

163:17,22

179:5 183:19

184:12

goldbrownish

40:2

good

35:19 39:11

58:11,14

79:14,19

92:18 119:17

122:7 183:22

google

6:5 33:7,10,14

33:18,25

184:1

gosh

146:24

gossiping

166:15

gotten

158:17

grade

28:1,3

graduate

23:20

grange

4:3

grangeinsur...

4:8

great

78:15,22 79:9

115:10 127:7

grew

23:15

grocery

104:1

groomed

13:23

ground

11:22

guess

35:4 50:12

89:19 98:25

136:9,17,20

154:7 171:19

174:14

guessing

92:3

guevara

1:11 3:4 10:5

188:3 189:3

guilty

155:17

gun

43:22,23 51:3

54:17 59:15

59:16,17

60:1 108:3

guns

108:4

guy

56:12,14 67:4

88:21 89:20

93:7,12,19

93:21,21,24

94:18,22

95:3 96:14

96:14,14,17

96:19,19,22

96:22,25

97:1 98:7,7

101:7,14

104:21 111:1

116:1,23,23

117:9,17,17

148:3,7

152:17,21

153:20,25

171:3 172:4

179:2

guys

82:1,5 95:13

115:10,11,21

119:21 120:2

123:10

139:14

148:10 154:6

154:6,7,11

164:18

166:21

167:19

guzman

3:8

H

hadnt

58:18 122:24

hair

40:1,2,9 55:1

55:11,11,12

62:18,18

63:1,10,12

73:12,15,15

73:16,22

74:4 76:6,20

89:25 90:6

95:16 178:24

half

69:21

hand

14:24 16:1

40:15,19

44:16 48:7

52:1 59:15

187:6

handled

116:18

hands

89:5

handshake

90:15,17 91:3

handshakes

91:14

hang

40:7 43:6

73:19 176:19

176:19

happen

50:14 78:17

80:4 84:24

85:12 86:8

86:25 97:14

156:24 179:5

happened

21:16 26:11,12

64:13 68:25

70:18 75:23

77:18 87:17

88:8 93:13

97:19 104:19

105:21

112:24

117:25

142:10,10,11

happening

78:9

Case: 1:12-cv-04428 Document #: 313-6 Filed: 09/19/17 Page 54 of 64 PageID #:14871
Chicago, Illinois (312) 263-0052

McCorkle Litigation Services, Inc.

6

happy

87:12

hard

48:8 138:14

139:14

harrisburg

20:20,21,25

24:5

harry

148:23,24

149:11

hasnt

180:12

hate

55:10 92:11,19

108:5

haven

22:9

havent

84:1 116:14

149:12 153:5

163:23

head

12:1 62:1 99:3

108:7,23

139:25

heading

36:5,8

hear

92:6 105:1

110:8,8

155:19,20

heard

22:3 43:22,25

44:1 51:3

98:19 134:3

142:7 155:15

hearing

13:25 16:2,16

108:3 154:14

hearsay

176:24

heartbeat

110:5

heavy

136:16

height

76:19

held

10:5 35:16

hell

183:21

help

42:25 68:2

109:22

113:18 143:9

175:10,13

helps

112:7

hereinafter

10:24

heres

70:24

hereunto

187:5

hes

24:19 34:7

42:21 132:8

179:17

hey

31:24 135:15

135:16

hi

163:24 169:3

hid

49:3 51:9,19

51:22 52:17

105:18

hiding

52:24 53:10,23

54:1 107:5

108:4 143:6

143:17 147:7

high

23:20 144:8,11

144:12,23,24

highrise

23:25 24:11

hired

123:16

hispanic

54:24 55:3

history

23:19 91:12

hit

130:3

hold

41:22 42:25

45:11 49:9

53:6 86:17

135:6

home

16:22 28:8

34:2 37:9

65:4,6 69:5

70:12,15

80:7 83:14

84:12 86:2

93:8 94:10

123:25

honest

136:10

honestly

67:7

hope

169:12

hopefully

119:24

horn

134:4

hospital

165:13

hotdog

88:22

hotel

162:12

hour

72:12 171:13

house

31:24 52:16

60:14 68:14

85:14 86:14

103:22 104:5

105:22 106:2

107:12,19,20

108:19

109:14

118:10,14,17

118:25 119:4

127:14

131:20

133:10,19,23

142:20,21

150:7 152:17

153:19 154:2

156:16 158:1

160:8 161:3

161:9,13

164:1 167:8

169:19

170:20 171:8

huh

24:13

humboldt

18:11 59:2

111:2 112:17

112:23

114:20

130:12,13

171:5

humbolt

22:11

hung

115:22

hurry

134:5

hurt

50:14

husband

68:16

husbands

163:11

hypothetical

118:22

hysterical

48:3 68:18

I

id

15:2 23:18

32:22 45:10

53:7 59:4

94:20 95:1

132:15

136:17

idea

12:12 92:18

identification

15:1,7 16:4,8

33:15,17,25

40:17 41:4

44:10,20

48:10,16

52:3,7 84:25

111:22

140:17,20

151:15

174:20

identified

101:20 140:4

150:10,24

152:7

identify

181:18

identifying

40:21 182:16

ill

16:3 26:1 33:5

44:16 48:9

52:11 53:5

84:8,21

87:12 94:25

100:18

101:11 105:8

109:11 110:4

110:16

159:16

179:21 183:2

illinois

1:2 2:8,18

3:13,23

20:23,25

26:23 30:10

175:7

im

10:17 12:12,22

13:5 14:1,2

14:24 15:1

16:1,17 20:1

20:3 21:22

22:2 25:1,4

26:8 30:8,13

30:19 32:11

32:25 34:10

35:19 37:17

39:5,11

40:15,16,19

42:18 44:4,4

44:8,9,15

48:7 50:16

52:21 56:6,6

57:2 61:2

64:8,11,12

64:16,20

65:2 66:21

68:23 71:6

76:14 77:7

79:5,11,14

79:15,23

81:23 84:20

85:9,13,21

86:3,7,10,15

86:16 89:15

90:20,23

91:19 92:2,4

92:5,7,10

93:16 96:21

99:21 100:16

101:1,2,3

103:16,16,18

103:19

104:11 105:6

106:23,24

109:8 111:20

111:24,25

112:1,4

114:19

115:18,19

116:8,20

119:10,14

122:12,16,18

126:15 133:1

135:15,16,16

138:11

139:19

140:11,19,24

142:23

144:10

147:20 150:4

151:17 152:3

154:12,20

158:11

159:13

163:14

166:24

168:11

172:23

175:17,18,21

176:15 181:1

184:12

immediately

89:21 90:9

91:2

impeaching

176:23

impeachment

176:22,23,25

imperial

17:16,18,25

88:14 91:1,3

91:22 96:23

129:15,20

170:8 176:10

impossible

109:21

imprinted

55:7

improper

86:21

inches

69:22

incident

128:9

incomplete

118:21

incorporated

189:12

incorrect

32:24,25

indentation

45:25 46:2,10

46:13 50:22

51:7

independent

122:16

index

5:1,5 6:1 7:1

91:6,7

indicate

41:19 43:1

53:7

indicated

47:13 57:16

69:20

indicating

24:18 32:18,19

43:4 46:1

49:12 51:5

57:7,9 69:8

69:11 89:15

89:17 90:25

107:22

134:12,14,15

134:19,20,21

134:22

indication

41:21

individual

10:16 18:5,10

56:21 58:21

66:25 68:10

68:12 73:4

90:1,2 91:5

104:3 108:9

115:23 116:2

147:5 166:22

167:14

individuals

17:22 91:6

141:16 146:1

146:13

information

147:2

initials

52:23 53:10

ink

184:12

inside

56:21 63:21,22

63:23 80:14

80:17,18,18

99:18 104:5

instant

58:13

instruction

185:2,10

insurance

4:3

interaction

75:21 77:11

interactions

78:12

interested

20:1 187:3

interrupt

12:6 180:13

interrupted

39:13

intertwined

31:13

interview

84:5 151:5

interviewed

177:14,18

introduced

122:8 169:4

investigating

102:7

investigation

40:25 156:14

177:9

investigator

123:16,23

127:13

involved

124:4 131:21

156:13

157:12,15,21

isnt

155:10 178:7

israel

30:23 31:1,6

47:19,21

48:2 62:11

81:21,22

130:15

131:12 132:6

132:14 133:2

133:8,11,16

133:19 142:4

148:21

165:18,20

166:25

israels

81:19 167:4

itasca

3:13

ive

12:25 13:7,17

13:18 20:15

33:2,7,17

52:2 61:11

86:3,6 154:8

162:24

izzy

144:4 146:7,13

146:23 147:2

J

jacket

40:1 55:2

89:24 90:8

jacques

1:5 10:9,12

11:10 14:16

18:1 61:4

72:14 73:4,9

73:11,23

74:15 80:19

82:9,10,13

82:17,18,25

83:6 84:11

84:19,23

85:11 90:3,4

94:7 98:13

99:2,6 100:6

100:20

101:20

104:20

109:23 110:7

110:9 114:3

127:23

140:10

141:14

150:10 151:1

172:17 173:1

173:25 175:7

177:23 178:8

182:5,16,20

188:3 189:3

jail

162:13

jane

125:1

january

187:17

jeff

4:10 10:15

43:7 45:15

49:16 53:12

57:19 169:3

jeffrey

3:10

jen

160:2

jennifer

102:14 103:13

104:22

123:13,14,22

127:17,18

137:8 144:1

148:2 150:6

153:17 154:2

155:14

159:22 160:6

161:7,13

163:25

181:22

jesus

118:6,7,8

163:9

jgiven

3:15

jo

78:15

job

25:5 79:4,14

79:19 109:24

115:11

jobs

23:23

john

Case: 1:12-cv-04428 Document #: 313-6 Filed: 09/19/17 Page 55 of 64 PageID #:14872
Chicago, Illinois (312) 263-0052

McCorkle Litigation Services, Inc.

7

3:6,8

join

21:19 22:8

joined

22:3,16,21

128:11

130:10

joining

21:19

jose

168:3

joseph

3:4,5

jsotoslaw

3:15

judge

11:21 156:11

jump

12:13 122:16

june

15:17 16:3

17:8 114:25

125:8

jury

92:3

justice

115:15 132:17

132:20

K

kedzie

35:9 130:5

keep

13:1 126:17

kelvyn

144:8,11,18

145:17,22

147:13,22

kept

93:24

kid

97:21 98:1,3

100:25 101:2

101:5,9

114:22

158:10

kids

20:5 131:22

149:8

killed

110:3 132:21

182:6

kimball

35:12 36:13,14

49:15 105:12

129:22,24

130:2 184:9

kind

145:5 156:17

kinds

170:24

king

62:17 67:4

71:18,19

170:3,4,15

170:19,23

kings

17:20 22:11

60:22,23

61:1,18 62:7

62:20 66:4,5

70:25 71:2,6

71:7,9,10,15

71:20 73:2

130:5 170:8

171:10

177:12,13,20

kinky

76:6,7

knew

27:8 29:22

31:23 43:20

65:21 67:8

68:9 80:2

83:10 88:15

90:1 104:3

118:25

135:19

145:18

146:19,22

147:12

167:11,13,20

182:10

knocked

124:1 164:1

knocking

137:9

know

11:9 13:13

17:22 19:23

21:15 22:9

22:12 26:7

27:9 30:20

31:14,16,24

43:8 44:3

45:16 46:17

46:17 47:12

47:16 48:5,6

50:9,20 51:1

51:3,4,8

54:25 55:10

55:11,12

56:18 57:6

57:19 60:15

60:19 61:5

61:22,23

62:21 63:24

64:5,10,13

64:15 65:20

67:11 68:6,6

68:11,12

76:2,14,17

76:18,19

77:23 78:5

78:15,15,16

79:1,3,4,5

79:10,13,25

80:4 82:10

82:13 83:20

85:8,16,17

85:20 88:7

88:18 89:4

89:14 90:22

91:13,15,23

92:1,2,2,2,4

92:15 93:18

93:24 94:3

96:4,9,20

97:3,5,9,10

97:22,23,24

97:24,25

98:1,4 99:24

100:5,9,20

101:2,3,5,19

103:13

104:10,11,25

105:1,22

106:25

108:12

109:22,23

110:11,11,14

111:7,8,9,15

112:24

113:16 114:5

115:8,10,15

115:18 117:5

118:23,24

119:1,6,11

122:21 124:6

129:3,5

131:19,19

132:18

133:25 134:1

135:14,15,17

136:7,9,10

136:18,18,19

136:19 137:4

137:17 138:3

138:4,5,13

138:25 139:3

139:20,24

141:24,25

142:8,19,22

142:23,24

143:20 144:7

144:13

145:10,11,11

145:12,13,13

145:17,25

146:3,20,23

147:8,10

148:6,9,10

148:24,25

149:4,8,19

150:23 151:3

154:19

155:22

156:21

157:18,19

158:9 159:6

159:13

163:10,14,21

163:22

164:16,21

165:15,21

166:6,10,11

166:13,14,18

167:2,6,7,10

167:11,14,19

167:20 168:6

171:3 181:23

knowing

20:1 93:19

101:25 102:1

147:4,11

knows

132:21

koisher

4:10

L

lack

148:1

ladies

103:21

lady

89:13 93:20

95:4,9,10,15

96:5,12

98:19 116:25

125:2 152:21

153:25

158:16

178:24 179:4

179:11,13

180:3,10,16

180:17,21

181:6

language

89:23

late

21:6

latin

17:20 60:22,23

61:1,18 62:6

62:17,20

66:4,5 67:4

70:24 71:2,5

71:7,8,10,15

71:18,19,20

73:2 128:17

128:22,24

129:3,11

130:8,11

170:3,4,8,15

170:19,23

171:9 177:12

177:12,20

latinos

157:16

law

2:4,10 3:9

lawful

10:21

lawsuit

14:15 122:10

lawyer

13:11 104:7

124:20 125:4

137:10,13

138:23

155:22 156:2

156:10

183:17

lawyers

14:6,16 40:20

44:15 119:11

122:24 123:1

123:6 124:19

124:22 176:1

lbowman

2:10

leaf

69:16

leave

21:12 35:17

leaving

22:5

led

68:13

left

21:6,8 25:15

25:15 35:24

37:5 39:3,4

39:5 54:12

75:17 103:17

103:24

107:10 116:3

149:13 150:3

184:11

legal

2:4

lemoyne

30:5,9,11,12

68:16,22

130:19

lengths

57:13

leonard

3:7

letting

138:11

levels

85:3

lie

101:23,25

102:1,3

112:20 115:7

115:8 182:8

182:10,12

lied

103:6

life

21:18 25:15

88:16 92:12

92:13 94:4

101:12 147:6

157:17

light

76:24 77:1

line

78:1 79:15

80:18 82:1

112:5,6

113:9 189:7

190:3

lines

78:25 79:10

116:21

152:14 179:8

lineup

18:18,22 19:1

77:21,24

78:8,13

79:22 80:12

80:25 81:5

81:25 83:22

83:25 84:4

87:2 88:1,2

88:7 93:16

93:17,17

94:11,15

98:10,13,23

98:25 99:8

99:10,16,20

100:3,7

136:23

138:18 139:7

139:11 140:3

140:5 141:21

152:18

153:21

177:24 178:1

178:8,15

181:6,11,18

lineups

80:1,8 150:15

178:3

linzer

181:22

listed

35:22 189:7,17

listen

101:6,10

152:22

153:25

161:10

180:14,18,19

listing

189:7

literally

32:23

little

11:20 28:10

33:23 97:21

122:17 128:7

146:4 147:8

147:12,15

156:25

158:22 171:8

live

19:17 20:2,17

20:22 28:8

29:6 41:13

130:18 164:4

164:5 178:8

lived

19:14 28:6

30:4,7 32:14

41:12 52:16

119:4 128:8

129:21

130:19,25

134:6 145:16

163:4

lives

164:5,8

living

19:10 20:16,21

24:5 26:21

26:22 131:18

131:19 135:9

157:1

llc

3:19

located

43:3 45:8

53:16

location

41:16 45:12

53:3 57:6

80:15 90:3

184:13,16

locke

2:6 10:8 11:10

86:19

loevy

2:14,14,20

long

19:14 20:9

21:1 25:2

49:19 66:10

72:9 76:15

83:20 96:9

124:7 131:16

132:13

162:10 166:3

168:16

longer

169:12

look

14:19 19:1

34:17 38:25

39:1 40:20

50:15 54:15

58:14 59:21

65:2 70:8

72:8,9 80:8

84:4 92:8

94:11 95:11

98:23 125:22

140:24

151:20 152:3

158:9 166:25

174:24

looked

14:23 39:23

40:8,13 51:7

54:8,16,17

54:18,19,25

55:15 58:13

58:21 69:5

69:23 70:15

72:16 74:1,9

74:10 81:25

99:16,20

145:15

171:17

looking

71:25 72:6,13

74:23 75:1

77:13 79:11

80:25 81:5

100:2 107:9

109:5,6,6

138:23

172:13

looks

69:14

loose

69:16

lopez

1:16 4:2 5:8

10:4,18,21

11:1,5,5,7,9

17:12 18:4

18:15 19:6

25:19 33:21

44:2 48:19

52:11 59:14

67:21 92:1

118:6 119:8

122:5,7

141:1 152:6

152:16 168:1

168:24 169:1

169:3 177:2

183:13 184:3

186:9 188:4

188:9 189:4

189:13

190:20

lopezs

16:15

lord

180:9

lot

65:4 70:7

92:12 109:19

114:11 115:9

139:13

145:18 148:9

148:14

149:18

150:16

loud

116:8 152:10

love

82:23

lunch

119:17 120:2

luncheon

121:1

M

Case: 1:12-cv-04428 Document #: 313-6 Filed: 09/19/17 Page 56 of 64 PageID #:14873
Chicago, Illinois (312) 263-0052

McCorkle Litigation Services, Inc.

8

macho

165:4,5,8

magnitude

97:24

mail

137:24

main

163:18

major

167:9

man

20:3 21:22

39:14,16,19

39:22 45:19

46:8 56:15

56:18,22

58:2 77:20

89:25 90:19

92:14 93:20

108:22 176:9

mania

129:11

maniac

21:20 22:22

61:23 128:17

128:22,24

129:2,3,7

130:8,11,15

map

6:5 33:14,18

33:25 34:17

184:8,11,14

maps

33:7 184:1

marilyn

28:11 30:16,17

30:17,21

31:1,6 67:21

67:23 68:5

131:3,7,9,11

133:17 142:5

163:20 164:3

165:15

mark

16:3 40:16

48:10 140:12

174:15

marked

6:2 15:6 16:7

33:14,17

35:21 41:3

44:19 48:15

52:2,6

111:21 125:9

140:16,20

151:14

174:19

marking

15:1 44:9

married

20:3,10,15

68:17 133:4

matter

10:4

mclaughlin

3:7

mean

17:18 19:21

21:14 29:8

30:3 68:9

76:5,6 79:25

80:22 91:14

91:15 95:18

99:23 104:18

111:25

126:21 137:1

150:19,19

153:2

means

42:21

meant

42:11

meet

124:4 162:5,10

member

17:24 32:4

81:1 88:13

89:6 90:16

91:16 128:17

170:23

members

22:14 92:13

173:11

176:13 177:5

memory

26:25 33:5

37:15 70:17

75:16 77:24

108:8 136:25

174:9,13

mentally

13:24

mentioned

36:18 81:6

128:9

merry

101:11

met

14:11 123:13

123:14

124:16

159:22 161:9

161:21 162:2

method

116:11

microphone

175:22

mileage

142:24

miles

119:6,6 142:24

mind

18:20,25 32:10

32:11,19

56:3 70:20

178:11

minding

51:1

mingey

3:6

minute

110:14 113:10

minutes

15:3 65:16

120:2 168:15

181:4

mirror

82:7 99:22

mischaracte...

71:13

mischaracte...

71:4 82:21

96:3

mishear

128:14

misheard

81:23 128:15

misplaced

184:8

mission

128:5

misspoke

42:19

misstates

178:18 179:17

179:23 180:7

180:23

misstating

179:25

mistake

26:2 88:15

101:11 116:1

mld

128:12

moe

47:19 68:17

mom

28:9,13 29:12

157:2

moment

19:7 27:9

43:15,19

61:8 66:3

94:6 103:23

104:2 105:23

119:14 142:6

money

105:3

month

174:3

morning

11:11 14:12

65:24 122:23

128:7

mother

28:7 67:15

75:18 131:2

mothers

119:3 131:20

mouth

85:18 154:14

move

109:11 116:16

156:16,18

175:22

moved

20:24 156:21

mozart

27:21 29:8,9

mug

152:16 153:19

mullet

63:6

murder

25:20 98:1

132:13,16

156:15

murdered

132:12,14

mustache

76:21 117:3

N

naive

163:14

name

10:8 11:4,4,9

17:22 22:20

68:9 76:1

103:13,14

118:2,3

122:9 124:23

124:25

125:19 129:8

129:9 144:3

146:7,10,11

146:13,21

147:9 165:3

165:4 167:15

167:19,21,23

169:3 171:3

188:3,4,15

189:3,4,21

named

102:13,14

176:9 186:9

names

19:24 102:19

102:19,21

167:20,22

nature

30:25 31:19

nay

104:18

near

28:21 33:24

86:25

necessarily

139:17

need

11:23,25 13:10

13:14 15:13

19:23 34:23

41:20 64:7

66:11,13

105:7 115:14

134:5 169:12

174:25

176:20

needed

127:20

neighborhood

23:15 68:21

130:22

nephew

164:21

nephews

164:15

never

18:8 50:18

56:21 68:17

71:5,10 94:2

96:22,23

97:11 105:2

105:20

127:10

132:20 151:9

151:21

154:17 166:1

166:16

167:20

newspaper

163:4

nice

70:6 76:17,19

nicknames

167:22

nieces

164:15

night

63:15 64:2

65:25 67:2

68:2 69:23

75:8 77:12

83:13,21

84:3 133:21

133:23 158:2

158:7 171:8

173:10 177:3

nightmare

109:2

nights

93:9

nighttime

60:9

nine

25:4 166:9,16

nipped

67:1

noise

51:3

nonuniform

64:18

noon

3:7

nope

181:15

normally

50:17

north

2:16 3:21

34:19,19,21

35:2,3 36:24

38:6,7,11

42:3,9 55:19

89:2 106:1

108:18

109:14 118:1

northern

1:2

northwest

130:13 143:20

northwestern

2:4,10

notary

186:6 187:14

188:10,18

189:15,23

190:23

note

138:17

notes

119:23

notice

158:8

noticed

58:18 63:13

number

6:2 40:21,21

40:23 44:11

44:13 52:2

72:18,18

74:22 140:12

numbers

140:22 189:7

O

oath

11:18 17:11

18:3,14

object

7:2,4,14,15,17

8:6,13,16,17

8:18,19,22

25:23 84:8

84:20 86:17

111:24

118:15

143:11

150:12

152:25 153:8

154:3 159:3

objection

7:1,3,5,6,7,8

7:9,10,11,12

7:13,16,18

7:19,20,21

7:22,23,24

7:25 8:1,2,3

8:4,5,7,8,9

8:10,11,12

8:14,15,20

8:21,23,24

8:25 9:1,2,3

9:4,5,6

15:15 31:10

31:21 42:13

66:1 71:3

79:2 82:20

83:1,8 85:2

85:3 87:3,5

87:9,14,19

90:14 94:24

96:2 100:11

100:22,23

106:21

108:20

109:17

111:14 112:2

112:14 115:3

115:5 116:10

116:16

117:10,19

118:19,20

153:6,8

155:1,6

173:14

176:20,21

177:6 178:5

178:18

179:16,20

180:6,7,23

182:1

objectionable

87:18

objections

87:11 179:20

observing

136:1

obtaining

23:22

obvious

157:20

obviously

50:15 69:12

occasion

23:1 75:20

85:6

occasions

18:16 173:9

177:3

occurred

22:7 106:16

odd

139:1

office

187:6

officer

64:25 72:6

74:13,18

75:1,21,25

77:3,6 79:21

80:24

officers

60:8 63:16,19

63:25 64:1,6

64:19 65:6

65:25 74:20

74:22 75:5

77:15 158:1

158:6 169:6

official

188:15 189:21

oh

34:24 36:14

42:18 90:4

103:9 107:1

108:5,22

115:8 146:24

149:15

152:12

159:11

175:17 180:9

ohio

1:21 4:6 10:5

10:22 19:11

103:11 137:8

144:2 150:7

163:4 186:2

186:7 187:7

187:15

okay

12:2,3,17,18

13:3,4,15,20

19:25 24:15

26:18,19

27:10,12

28:5 33:8

34:3,11,16

35:3,19 40:5

40:9 43:11

43:12 45:17

45:18 49:17

50:10 53:12

61:24 64:8

76:10,15

77:6 79:6

83:4 85:8,15

85:16 86:24

87:20 88:5

91:17 93:23

94:1,6 101:9

103:10,16

112:13

114:18 120:1

123:5,21

124:9,15

125:4,21

127:19 128:2

128:6,16

130:7,15,21

130:24

131:22

134:24 135:6

135:11,13

138:10

140:11

142:15 143:5

144:16 146:5

146:12,18

147:1,23

Case: 1:12-cv-04428 Document #: 313-6 Filed: 09/19/17 Page 57 of 64 PageID #:14874
Chicago, Illinois (312) 263-0052

McCorkle Litigation Services, Inc.

9

149:10,15

151:9 152:1

152:13,24

153:12,16

154:10,15

155:13 157:9

158:12,22

159:11,15,20

160:6,25

161:4,10,14

164:4 168:10

169:13,14

172:12

174:15

175:15

178:25

old

20:5,7 21:8

23:15 26:24

30:17 34:1

50:16 101:11

125:2 136:7

138:2 144:20

149:14,20

173:22

older

131:4,6 145:7

147:18

oldest

103:24 131:7,8

131:9

olive

54:24,25 55:4

74:8,9

olivero

167:17

once

22:17 23:11

31:13 53:6

66:22 73:3

126:9 130:3

149:7,19

183:13

ones

61:24 158:2

open

89:12

operate

115:21

opinion

167:1

opportunity

14:5 15:23

opposed

12:1

order

150:9,17 152:7

ordinary

78:14,20

original

40:24 185:12

originated

130:20

orlando

1:16 4:2 5:8

10:4,18,21

11:1,5,6,7

122:5 169:1

186:9 188:4

188:9 189:4

189:13

190:20

outside

63:16 102:24

103:1

overhearing

135:16

overnight

118:10

owner

46:14

P

page

7:2 32:24

33:18,22,24

34:18 35:1,8

35:23,23

111:23 112:5

116:9,21

152:4,9,14

175:1 184:1

189:7 190:3

pages

69:18 70:1

151:18

palmer

27:25 34:21

130:3,4

paper

33:5

papers

95:13

pare

169:11

parents

157:11 163:11

167:5

park

18:11 22:12

29:8 35:12

36:11,12

59:2 88:10

88:23 111:2

112:17,23

113:4,15

114:20 130:1

130:2,4,12

130:13 144:8

144:10,12,18

145:4,17,22

147:13,22

171:5

parked

38:4 42:2,3

45:12 52:19

57:1,8

part

28:23 68:2

105:1 114:20

116:7 139:9

139:24 140:7

147:4,11

150:5 189:9

partially

42:5

particular

14:14,16,20

22:4 24:16

25:3 33:21

64:25 90:7

100:10

parties

31:14

party

187:3

passed

132:8 166:4

passenger

42:12,17 56:13

paul

3:5

pay

168:15

peeled

142:9

peer

21:18 22:4

128:10

pen

53:1,8 184:13

pennsylvania

20:18,19,22

people

65:4 104:25

105:2 114:11

115:13 119:1

145:25

148:11

149:12

166:14 175:6

179:18

period

29:1 131:16

156:15 174:9

perpetrator

132:17

person

17:12,14,15,24

17:25 18:4

43:14 75:24

82:18,24

83:5,15

84:19,22

96:13 100:21

101:20

107:14

108:25

117:16 140:4

144:25

145:21 146:6

147:3 170:20

172:3,15,17

179:14 180:4

180:21 182:5

personally

29:22 111:8,9

145:12

188:11

189:15

phone

172:9

photo

57:23 172:14

173:7

photograph

6:6,7,8,9,10

40:19 41:3,7

41:15 43:1

44:9,14,19

44:24 45:6

48:8,11,15

49:5 52:1,6

52:12,15,18

52:22,23

53:6 57:10

73:24 134:11

134:24 140:3

140:16,25

141:3,5,7,13

141:16 176:9

176:11

177:23

182:20

photographs

153:23 171:9

171:18

173:11 177:4

177:11,19

photos

40:25 152:20

153:23 173:4

pick

133:14 173:4

182:19

picked

82:9,10,14,17

82:24 83:5

84:18,22

93:8 100:6

100:14,24

101:13,14

152:17,18

153:20,21

162:12 172:3

172:14

177:22 178:8

179:1 181:6

181:8,8

picking

47:18 72:14

75:14 83:11

84:11 91:23

100:21 101:3

173:6 181:24

picture

42:1 45:13,23

48:21 56:24

57:24 73:10

73:12,25

74:9,15 75:3

82:15 108:23

pictures

60:25 65:8,9

66:4 69:10

70:6,7 71:15

71:25 72:8,9

72:15 73:2

74:23 75:2

141:10

176:13

177:21

place

16:3,16 52:19

52:23 53:9

53:16,23

54:2 80:13

98:6 143:6

143:17

186:20

placed

41:8 48:18

184:11

places

157:11

plainclothes

64:3

plaintiff

1:7 2:3,13

10:9,12

play

112:16,23

playing

18:11 59:2

97:22 98:2

111:2,10

113:1,4,15

114:20 171:4

plays

32:12

pleasant

12:21

please

10:6,20 11:3

15:11 25:7

38:8 57:10

88:6 95:6

96:8 107:17

118:5

plus

48:12

point

13:10 20:6

25:13 27:3

37:3,8 40:13

44:3,9 45:11

46:9 47:6,9

47:13 49:10

49:21 50:6

50:23 51:11

51:22 53:9

53:15 59:5

59:14,16,18

61:4 74:2,3

91:23 93:4,7

99:8 100:10

101:6,16

106:3 110:4

113:13 114:6

115:14,25

119:10

126:25

128:10

131:25 132:1

133:20 135:1

140:9,10

144:21

150:20 164:3

181:10,13

184:20

pointed

42:8,9 61:4

66:4,22,23

66:24 73:4

74:15 75:15

80:18,19

82:12 85:11

94:8 98:12

98:13 99:1,5

99:6,23

100:8 112:25

113:5,11,14

114:16 115:1

116:1

pointing

57:3 99:1

police

14:7 18:16,21

19:1 40:22

46:16 60:4,8

63:16,19

64:18 68:3

69:1 72:5

75:8,21

80:23,24

83:6,21 84:5

93:14 94:15

94:22 99:16

105:9,14,24

106:5 108:17

109:12,16

110:25

114:17 138:5

156:14

157:25 158:6

165:7 166:12

169:6,18,21

171:2,7

172:19 173:3

173:10

176:10 177:4

177:10,24

178:14

181:10,16,23

182:15,19

ponytail

63:5

possibly

183:3

post

16:15 123:7

124:13,14

162:3 163:1

postconviction

123:3

prayed

104:13

pregnant

132:2

prepare

125:13 127:15

127:16

prepared

13:24 125:8

151:5,10

presence

96:12 186:15

present

4:10 94:21

98:19 99:20

104:7 117:1

117:8,16

161:23

179:18

presented

66:3

press

91:5

pressing

100:17

pressure

22:5 104:23,24

128:10

182:15

pressured

73:7

pressures

21:18

presumably

177:16

pretty

17:5,16 28:22

30:6 38:1

40:10 48:6

49:24 50:7

51:9 54:7

55:12 58:19

61:6 63:3

64:20 66:6

67:1 68:24

68:25 78:6

78:18,19

79:7 96:14

109:2 128:24

129:4 134:5

142:11 148:8

149:8 167:8

prevent

12:14

pride

62:22

printed

163:4

prior

14:20 18:8,11

20:21 22:5

36:19 47:6

58:25 77:22

105:20

107:15

probably

21:2 40:10

46:21 49:8

51:8 57:15

61:3,25

72:20 75:17

110:16 119:6

136:19,20

147:21 148:5

149:14 168:9

probe

139:19

problem

101:10 110:5

115:17

144:14

148:16

problems

144:13 146:2

157:18

procedure

10:23 11:15

185:7 188:5

189:5

proceeded

140:9

proceeding

123:3,7 124:13

162:4 163:1

process

119:9,15

183:15

prompt

119:12

prompted

21:12

properly

11:24

protected

179:6

proudly

62:22

provided

10:22 125:17

125:18

126:24

provides

24:17

public

186:7 187:14

188:10,18

189:15,23

190:23

Case: 1:12-cv-04428 Document #: 313-6 Filed: 09/19/17 Page 58 of 64 PageID #:14875
Chicago, Illinois (312) 263-0052

McCorkle Litigation Services, Inc.

10

puerto

55:1

pulaski

130:14

purpose

13:12 34:16

purposes

15:6 16:7

33:14 41:3

44:19 48:15

52:6 140:16

151:14

174:19

176:22

pursuant

185:3,6

put

28:12 43:11

52:22 53:14

54:17,21

59:21 79:9

80:17 85:18

91:13 100:13

125:20 140:4

putting

141:6

Q

qualified

186:8

question

11:24 12:8,9

12:14,20,24

13:2,5,8,17

13:18 16:14

20:14 24:20

25:24 26:2

31:12 34:12

34:13 37:7

38:8 48:19

49:4 53:25

64:17 73:20

83:3 85:9,16

86:18,19,23

86:24 87:21

91:19 100:18

107:16 109:9

109:10 112:1

112:4,6,15

112:18,21

113:21

115:10

116:15,24

123:15

139:18

143:12

150:13 153:1

153:9,10,12

153:14 154:4

155:7,10

159:4 161:5

161:11 176:8

176:11

179:21,23

180:1,11,14

180:19,20

questioning

86:22 103:17

110:17 111:6

119:10

183:17

questions

11:11,19 12:23

23:19 26:17

32:6 60:17

65:7,10 84:6

84:16 102:23

105:5,8

115:11,12

119:11,13

122:11,13,13

122:15

123:19 139:6

139:10,16

148:11,14

150:9 151:3

153:5 158:23

168:13,25

169:8,9

176:1,3,7,14

182:25 183:2

183:16

quick

49:23 50:2,3,3

58:12 151:20

168:11

174:24

quite

177:14

R

raise

21:25

raley

125:1

ramon

168:1

ran

40:6 45:22

46:1,4,12,13

46:19,23,23

48:1,22 49:1

49:2,6,11

50:18 51:6

54:4,10,17

55:17,19

68:14 88:16

88:17 105:16

105:19 107:6

107:7,9,22

143:8,16,19

143:20

144:15

146:24 184:9

raucous

60:14

reacting

50:11,12,17

read

15:3,9,13,24

16:17,20,22

17:1 27:8

44:12 48:8

111:20 112:5

113:6 114:25

116:8,20

137:25 138:2

138:22 139:3

140:6,7

151:19 152:4

152:5,8

157:10 166:8

166:10,11,16

174:25

176:22

183:21 188:5

188:6,12

189:5,6,17

reading

116:11 139:2

ready

13:22,25 108:3

real

58:14 144:3

167:21

realize

12:21 74:2

93:7 96:17

realized

146:16

really

12:11 19:18

20:7 21:3

30:20 50:9

72:12 90:18

93:25 131:13

136:9 138:25

139:8 141:4

142:23 149:4

163:21 164:6

166:2 167:21

reason

21:20 22:15

34:9 61:17

62:1 92:7

113:3 115:19

138:21 139:1

175:15 189:8

190:3

reasonable

13:14

recall

56:8,8 60:25

64:4 67:7,12

77:14,15,20

78:10,24

80:9,10 84:9

84:10,14

95:17 99:17

102:5,20

103:22

106:19

111:10

116:15

123:13 139:5

139:10 141:8

148:4,14

150:17 152:1

153:16 159:1

165:23 166:3

recalling

79:17

recant

127:25 139:23

recanting

100:25 101:1

114:12

received

102:6 137:24

recess

59:8 92:24

110:20 121:1

168:19 183:7

recognize

41:6,7 44:23

52:14 58:23

59:1 89:21

90:10 91:2

141:3,12,14

141:15

162:18

recognized

90:11

recognizing

44:22 52:14

recollection

44:5 96:9,11

102:17 103:3

112:10

116:12,14

117:6 175:11

recollections

94:21 95:2

record

10:2,7 12:16

32:23 35:15

35:16,17,20

59:6,12

92:22 93:2

110:18,23

120:4 122:2

168:18,21

183:5,11,23

184:20,20,21

189:9

records

26:15

recounted

65:16 155:4

red

37:23,23 38:4

135:23 141:6

reduced

186:14

refer

26:17 60:20

62:9 77:8

reference

183:25

referenced

188:11 189:15

referred

63:25 133:2

referring

67:20 113:23

161:6

refresh

117:6 175:10

refreshes

112:10

refreshing

116:12,13

regard

174:12

regarding

183:18 185:2

185:11

regular

76:17

related

160:11

relation

36:23 58:1

129:21

relationship

30:1,2,15,22

31:1,5,7,19

128:20,21

164:2,14,24

167:4,9

relationships

31:14

relative

187:2

relax

135:17 159:17

relive

138:14

remember

25:21 26:4,6,9

26:10,11

28:3 40:11

46:18 50:1,9

56:10 60:12

60:13 64:5

64:11,12,13

64:15,17,19

64:20,22

65:3,5 66:9

67:9 68:20

69:3 70:23

70:25 72:11

72:13 73:1,1

74:17,25

75:4,14 76:1

76:2 77:22

78:7,8,9,18

79:23,24,25

80:11,12,14

80:16,16

81:7,12,14

81:16,17,19

81:19 83:11

83:18,23,25

84:2,10,13

84:17 85:23

87:24 88:17

93:14,15

94:12,13,14

94:17,18,19

97:16 98:15

99:1,3,17,22

100:1 102:8

102:10,12,13

102:16,18,22

103:2,4,21

105:15,16

106:24 107:1

107:2,10,24

108:2 109:1

109:3 111:3

111:16,18,19

112:7 113:18

113:25 114:2

114:23

123:12

124:22,25

126:1 136:13

139:18,19,20

139:22,23

140:1,8

141:4,6,9,18

141:23 142:1

142:2 143:25

146:21 148:2

148:5,17,25

150:8,20

151:24

154:21,22

155:11,24,25

156:2,4,6

157:5,8

158:12

173:15,18,21

174:2,4

175:25 177:9

177:17

remembered

50:12

remembering

114:2

rennillo

1:19 190:1

reopen

128:5

repeat

25:22 37:7

38:7 53:25

repeated

114:4 177:12

rephrase

26:1 94:25

rephrasing

13:2

report

6:11 74:11

151:4,10,14

152:4,15

153:13 165:7

166:8,11,12

166:17,18,19

reporter

10:20 11:19

188:7

reporters

5:13 186:1

represent

10:9 11:10

52:11 122:9

169:5

represented

14:8 104:2

representing

14:16 122:25

123:1,6

161:16,22

162:2,25

request

189:9,11

requested

185:1,6,10

requestion

18:23

resemblance

73:9

resemble

69:13

resembled

61:5 73:18

resource

33:11

respect

183:18

respond

113:13

responded

113:25

responding

13:7

response

16:13 73:6

136:14

responsibility

13:1

rest

101:12 113:7

115:4

result

22:4

resumed

59:13 93:3

110:24 122:3

168:23

183:12

retained

5:16

retaliation

156:17 157:18

return

23:14

returned

47:7

review

112:9 126:11

139:8 185:2

185:6 188:1

189:1

reviewed

137:18,21

138:6

reviewing

138:16

revisions

126:13 160:15

160:17

reynaldo

1:11 3:3 188:3

189:3

rican

55:1

right

14:12 19:6

26:25 32:5

32:10,12,20

33:6 34:4,19

34:21 35:7,9

35:24 36:18

36:25 38:7

39:3 42:3

43:4 45:25

46:1 51:6,21

51:25 53:14

54:13 56:3

57:2,8 58:5

64:24 65:2

67:2 70:17

70:20 75:19

77:24 81:13

88:14,22

89:15 91:17

93:23 95:15

95:22 107:2

107:11,22,25

108:6 110:6

115:8 116:4

116:13

117:23 119:5

123:17 124:1

127:11

130:16 132:3

134:12

136:25 143:7

145:1 150:3

156:22,24

157:13,25

160:3,22

162:6,22

163:15 164:9

169:19 170:4

170:6,12,16

170:25 171:5

171:10 172:4

172:4,7,15

174:25

Case: 1:12-cv-04428 Document #: 313-6 Filed: 09/19/17 Page 59 of 64 PageID #:14876
Chicago, Illinois (312) 263-0052

McCorkle Litigation Services, Inc.

11

182:10

rights

183:18

righty

152:12

rinaldi

3:8

ring

167:16,25

rival

17:20 132:22

170:23

rivals

129:18

rivera

1:5 10:4,10,12

11:10 18:1

61:4 72:14

73:4,9,11

80:19 82:10

82:11,14,18

82:19,25

83:6 84:11

84:19,23

85:12 90:3,5

94:7 98:14

99:2,6 100:6

100:20

101:20

104:20

109:23 110:7

110:9 114:3

122:11,25

123:2,6

127:24

140:10

141:14

152:21

153:24

155:15

160:12

161:17,22

162:3,15

163:1 169:7

172:17 173:1

173:25 175:7

178:8 179:15

180:4,22

181:6,11,18

182:5 188:3

189:3

riveras

73:23 74:15

75:2 156:9

161:1 177:23

182:3,20

roberto

168:9

rocco

3:8

rock

3:19

rockfuscoco...

3:25

rodriguez

168:3 176:9

roll

149:9

room

82:1,2,3 83:17

99:10 100:13

100:13 123:9

124:16 137:2

137:3

rosen

3:20 5:10

10:13,13

24:21 25:23

42:13,16

52:9 57:23

81:22 100:11

100:22

111:14

112:14

116:10

117:19

118:20

119:16,19,23

120:3 122:6

122:9 127:8

153:11

159:11,15,18

159:21

168:10,24

172:11

184:17

roughly

102:9

rpr

1:22 186:6

187:14

ruiz

167:24

rules

10:22 11:22

185:3,7

188:5 189:5

run

11:12 34:4

35:8,12

55:18 143:10

168:16

running

35:17 48:3

55:24 56:2

56:23 88:17

107:5 108:1

109:4 143:22

runs

32:9 36:23

russell

3:6

S

safe

22:9,9,18

safety

157:23

sat

65:1 124:16

saturday

27:8,17

saw

18:8 21:22

45:19 46:2,8

46:11 47:4

48:3 49:3

51:2,4 53:24

54:3 56:21

58:17 59:15

59:25 60:18

61:2 65:22

70:5,5,18

73:3,8,13,14

73:14 75:14

78:9 80:9

82:16 86:15

88:10,12,21

89:5 90:2

93:4 100:13

105:13,17,17

107:20,21

108:1,11,18

109:13 111:7

134:15

138:19

141:22 144:6

144:7,8,14

144:25

146:15,24

151:9 154:17

166:22

169:15 178:2

178:9

saying

46:19 64:11

76:14 78:24

79:3,9,14,15

79:24 86:4,6

93:24 96:21

105:15,16

106:24 111:3

111:16 114:4

114:23 130:9

144:2 146:10

148:6 153:18

153:18 154:8

154:22

155:22 156:2

156:4,10

says

34:5 113:10,12

113:12

117:20 152:6

152:15 175:4

175:6

scared

50:17 88:16,18

144:15 147:6

scene

40:25

school

23:20 27:2,14

27:16,17,18

27:20,21

29:9 85:7

86:14 87:1

88:10,24

144:8,11,12

144:23,24

145:1 146:2

146:10 168:7

168:8

scorned

104:15

screaming

48:4 142:8

seal

187:6 188:15

189:21

seat

42:20

seated

39:9

second

40:7 43:6

53:23 54:2

58:3,9,17

78:2,3,5

93:16,16,17

94:11,15

100:7 131:8

131:9 141:24

152:3 158:25

159:12 168:5

182:23

seconds

54:14 58:9

see

17:2 18:22

33:23 34:18

37:22 39:6

41:16 43:18

45:7,22

46:18,19,22

46:24 47:9

49:5 51:24

51:25 52:18

54:8,19,21

56:15,25

57:2,10,23

57:24 58:9

58:13 59:17

66:19 69:19

77:5,19

90:13 102:15

102:22

107:13,19

108:15 109:7

111:7 115:15

115:16

127:10 134:7

134:8,12,19

134:25 135:3

138:3,24

140:22,25

147:24

152:23

153:12,15

160:21

164:20 175:1

175:2,8

184:7

seeing

61:1 87:24

93:12 108:8

141:18 152:2

seen

18:6,10 58:24

59:2 65:14

65:15 84:7

97:12 105:25

106:5 111:2

111:10

112:16,22

113:1,2,4,15

127:10 145:1

151:4,21,21

151:22

158:18,20

162:21,24

169:22 171:4

select

73:25

send

126:10

sense

23:6 36:2 56:4

79:4 114:6

115:20 130:1

139:24

150:18

sent

126:5 160:19

sentence

84:21

sentences

153:13

sequence

46:7 150:23

sequential

122:22

serious

97:25

seriousness

97:25

serve

127:5

serves

26:25 32:10,20

33:6 56:3

70:17,20

77:24

service

24:17

session

122:4

set

136:16 187:6

setup

81:25

shake

88:13

shaking

12:1 89:5

sheet

189:7,10,18

190:1

shes

154:24

shocked

50:7 154:12

shoot

46:3 77:22

shooter

46:2 61:5,9,12

62:16 66:17

66:19 74:1

89:22 90:10

93:10 105:17

106:1,3

108:1 109:13

110:11

112:16,22

139:22 140:9

146:16 170:2

170:12 173:1

179:14 180:4

180:22

181:18

shooters

47:9 59:15

62:25 108:18

144:3

shooting

18:7,9,12,17

26:16 37:25

37:25 39:17

41:17 43:17

43:21 45:20

46:9,11,15

47:23 51:2

54:6 58:25

60:8,18

61:19 71:18

75:22 77:23

87:25 105:13

105:21,21

106:16 107:3

107:14,15,23

108:3,4,6,10

109:3,4,5

156:14,23

166:4 169:25

170:19

173:10

174:11,12

177:4

shopping

103:23 104:1

short

59:5 110:15

136:11

shorthaired

125:2

shot

17:13,14,15

18:5 26:5,18

26:21 27:6

28:2 29:2,20

37:5,9 41:14

46:21 48:2,3

60:18 69:24

88:11 101:21

105:10

107:13

108:25,25

111:1 133:7

142:4 145:21

146:6 165:12

165:18 166:7

166:16

169:16 171:3

172:15 182:5

shots

43:24 44:1

show

44:8,15 45:1,3

45:23 57:1

59:16,17

73:13 110:3

116:7 135:4

140:19

176:10

showed

67:5 70:24

73:13 77:18

125:7 151:7

152:20

153:23

173:10

176:12 177:4

177:10,18,20

177:21

showing

33:18 62:23

65:7,8

shown

41:7 48:20

52:15 57:17

140:2 176:8

shut

67:16

side

22:15 35:7,24

35:25 36:25

38:12,13,15

39:12 42:12

42:17,21

56:13 88:25

89:2,3,5

93:5 130:12

130:14

166:15

sidewalk

42:4

sign

93:6

signature

185:5

signed

15:1,17 188:13

189:18

significance

61:15

significant

62:4

signs

90:19 91:12

92:11,14

similar

11:17 63:3

69:22 73:15

simple

91:24 100:14

simply

109:10

sir

53:19 88:3

90:21 107:18

sister

28:11 30:3,14

31:6 47:18

67:10,13,19

67:20 133:8

133:14 134:5

150:1 163:20

164:2 167:7

167:10

sisterinlaw

30:3

sisters

28:11,12,14

131:2,4

148:22

149:22,25

sit

14:5 17:11

18:3,14

37:17 71:24

72:2 77:19

sitting

89:13 138:15

situation

163:13

six

116:20

size

136:18,18

skin

74:8

skinned

74:9 76:24,25

77:1

skipped

61:11

slid

51:6

slow

12:11

solution

33:3

solved

Case: 1:12-cv-04428 Document #: 313-6 Filed: 09/19/17 Page 60 of 64 PageID #:14877
Chicago, Illinois (312) 263-0052

McCorkle Litigation Services, Inc.

12

101:10

somebody

46:15 58:23

59:1 71:24

87:24 101:4

104:14 111:1

167:23

somebodys

172:9

someplace

67:6

somewhat

69:14,15

son

21:21,23 24:12

89:23 103:25

149:19

sorry

24:24 30:8

35:19 39:11

42:18 81:23

84:20 127:4

144:10

159:18

175:21

176:15

sort

122:12,21

150:23

152:13 170:7

sotos

3:9

sound

43:23 51:3

169:9

sounded

43:23 65:20

south

35:1,3 36:24

47:3 61:14

62:3,15 89:3

170:3

southeast

143:21

spanish

132:23

sparks

3:5

spaulding

32:18 34:6,10

36:7,8 47:3

47:3,4 62:3

62:15 106:2

109:15

170:13 184:9

speak

55:9 123:5

speaking

87:11 179:19

specific

150:8

specifically

183:25

specified

186:21

speculation

118:22

speech

12:11

spell

11:4

spend

29:3,4,11 32:1

133:23

spent

83:20 133:21

spoke

104:19 144:1

149:11,12

160:6

spoken

14:15 122:24

123:1

spot

45:7 50:19

51:19

ss

186:3

stairs

50:25

stake

114:11

stamp

140:21

stand

88:23 115:20

standing

58:2,5 108:9

108:13

starbucks

104:8

start

12:8,13 131:11

started

48:5 60:17,24

61:1 78:21

93:20 104:8

123:19

142:17,18

starting

152:5

state

10:6 153:3

164:8,9

175:7 179:20

186:2,7

187:15

188:10

189:15

stated

106:25

statement

106:12 188:13

188:14

189:19,19

statements

14:21 15:19

states

1:1 153:9

165:1

station

18:16,21 19:2

80:23,23

83:21 94:15

98:8,9,16

177:24

178:15

181:17

stay

118:9

stayed

145:19 166:3

staying

131:19 133:19

stenotypy

186:14

step

19:6

stepdad

28:13

stepfather

28:10 131:2

steph

160:3

stephanie

4:4 10:17

35:17 127:5

160:4,23

174:22

176:15

steve

3:4

stick

72:25 85:19,22

94:1 97:11

sticking

102:4

stipulate

184:15

stop

13:19 50:22

100:18 106:3

179:19

stopped

78:23

store

46:5,14,14,14

47:7,8 48:2

49:5,11,22

50:22,24

51:2,12,16

51:18 54:3

105:11,12,16

105:19,20

107:7,7

143:9,17

story

86:2 94:2,7,9

97:7,11

101:2 102:4

109:2,2

114:12

127:25

straight

50:23 86:2

115:22

143:15

150:22

162:13

streamline

119:24

street

1:20 2:16 3:21

4:5 29:9

32:9,16

33:19,23

35:9 36:5,6

36:9,10 37:6

37:11 42:6

49:14 57:13

88:20,24,25

89:7 129:24

136:1,3

143:23 144:6

165:2,4

167:20 170:7

streets

89:14

strike

108:16 116:17

stuck

22:17 94:7

108:7 115:24

139:1,25

166:20

stuff

21:15,18 26:13

27:8 31:15

55:9 80:2,6

84:14 96:24

105:4 111:8

113:16 114:4

123:9 141:10

150:16

159:14

164:17

167:12

style

73:15 89:25

90:6

subpoena

127:5

subscribed

188:10 189:14

190:21

substance

79:18

sued

169:6

suggest

64:9 86:4

103:14

suing

163:16

suit

129:5

suite

1:20 2:17 3:12

3:22

suits

136:25

summary

101:13

supposed

184:5

sure

12:7 21:23,25

22:3 45:24

61:7,8,9

64:16,20

66:19 73:5,6

74:14,14

75:6,6 83:12

83:16 113:8

122:18

123:11

125:22 126:3

126:18

135:19 140:1

151:20 156:1

160:21,23

165:9 172:2

172:23,23

175:20

surrounding

184:2

surroundings

11:16

suspect

71:17 111:7

swaminathan

2:15 10:11,11

swear

10:20

sweetest

104:25 105:2

sworn

10:23 14:21

174:5 186:10

188:10,13

189:14,18

190:21

system

115:20

T

table

69:12,21 72:3

tail

89:25

take

12:16 13:10,13

15:2 25:18

49:19 59:4

61:13 72:8

72:24 77:23

92:16 110:13

110:15

119:17

125:22

138:17

140:24 143:3

143:10

151:20 152:3

168:11,15

174:24 183:1

184:12

taken

1:19 15:12

44:14 48:11

52:13 59:8

92:24 110:20

114:13 121:1

168:19 183:7

186:20

talk

14:3,6 34:15

55:10 63:16

64:1 106:13

124:8 145:25

150:7 157:11

163:23

talked

63:19,24 64:25

95:20 128:6

128:6 131:3

158:22

169:21

talking

12:5,9,17

26:18 37:4

64:18,23

72:5 76:4

78:5 93:17

93:18 101:1

103:9,10

104:8 106:22

136:22

144:17

150:21

155:11

tall

136:11

taller

136:12,14

team

124:21 161:1,5

tecum

127:6

tell

11:3 12:25

13:21 16:23

17:12 18:4

18:15 19:9

20:24 21:3

21:11 22:20

23:9,23 25:7

26:20 28:5

28:22 29:25

30:7,25

31:18 36:22

37:13,17,18

38:3,9 40:3

40:12 41:11

41:20,24

43:24 46:7

48:20 49:13

49:24,25

50:1 51:16

53:23 54:3

54:22 55:5

55:13 56:20

59:18 60:6

60:12 61:20

62:19 65:2

65:15,21

66:16 70:3

70:16 72:12

72:12 74:16

78:10 79:8

80:15 81:24

82:4 88:5,19

92:14 96:16

96:18 98:5

98:17 99:15

100:19 102:2

103:5,7,8

105:3,9,14

105:24 106:5

106:10,18

108:17

109:12,15,20

110:2,6,25

111:4,17

119:5,7

127:19,22

128:2 136:8

137:6,12

139:15

141:25 149:3

150:23

151:22

154:17

156:20

158:17 159:7

163:7 165:16

173:19,19

174:5 175:19

telling

64:12 67:10,16

79:5 83:11

86:20 93:20

94:17 97:9

97:10 137:7

137:10 140:8

148:2 150:16

165:23 181:2

ten

19:16 159:6

terms

64:17 88:19

95:23

territorial

22:13

territory

22:10 62:6

129:19 170:4

170:16,24

test

44:4

testified

65:24 77:25

84:19,23

96:1 112:15

112:19

122:23 125:5

136:2 139:11

142:4 143:5

155:3 157:6

157:9 161:21

162:3,5,11

174:10

175:11

179:17 182:4

184:3

testify

13:22 14:22

15:23 16:21

101:17

112:21

124:11

163:17

186:10

testifying

162:16 173:15

173:21

testimony

14:21 16:2,15

16:20 17:3,7

22:1 25:14

44:7 71:4

81:13 82:21

104:10

112:19

113:24

114:12,24

116:17

122:19

137:18,21

138:17,17

139:5 178:6

178:19

179:17,23,25

180:24

186:13,17

188:6,7

189:6,9,12

thank

20:9 22:1 26:2

44:7 53:21

175:24

183:14

thanks

42:19 168:25

thats

17:2 20:14

23:12 27:10

28:21,22

29:16 32:24

33:25 34:9

34:10,16,19

35:3 37:16

38:1 40:10

41:13 44:3

Case: 1:12-cv-04428 Document #: 313-6 Filed: 09/19/17 Page 61 of 64 PageID #:14878
Chicago, Illinois (312) 263-0052

McCorkle Litigation Services, Inc.

13

46:3 47:4

49:15,24

50:4,19 51:5

51:9 53:8,18

55:9 58:20

60:24 61:17

61:25 62:21

64:22 65:12

67:11,12,13

67:17,25

68:1,19,23

68:24 69:12

70:25 71:18

73:1 74:10

76:12,14

77:21 81:11

85:18 86:10

86:15 89:13

89:25 92:4,6

92:18 95:20

95:20 96:13

97:15 98:24

98:25 99:2

104:18 106:6

107:23 108:6

109:1 110:7

111:16,21

113:11,24,25

115:6,17,19

116:17

117:11 119:1

119:2 123:19

129:1,9

135:6,14

136:14

137:16

138:10 139:3

139:17,23

142:3,10,12

146:2,10,22

146:23 149:7

149:9 152:20

153:14,24

159:20 161:8

163:12,24

165:7,11

166:9,23,23

167:12

170:18 172:6

178:5 183:19

184:15

theirs

157:24,25

theres

91:22 112:2

114:11 115:7

115:9 134:10

155:24 164:5

175:2 178:11

theyre

46:15 91:14

97:9,10

130:12,13

thick

69:22 70:6

171:20

thin

136:16,17

thing

13:16 15:10

22:2 49:9

58:19 61:12

62:16 64:8,9

66:2 75:22

77:21 93:13

107:19,25

132:23

137:25

151:19

163:15,18

183:23

things

88:8 109:19

115:21 136:1

148:10

154:11,18,20

155:24,25

160:15

166:20,21

181:2

think

26:14 33:2

49:8 70:18

81:1 87:15

95:7,8,17,19

96:5 98:3

119:16 124:6

124:12

126:13,15,16

134:10

140:13 153:9

153:20,22

157:10 166:8

166:9,15

168:11,12

184:14

thinking

50:19 101:5,9

112:2 163:14

thinks

152:17,19

third

91:8

thought

87:16 94:4

128:11

155:16

163:17

three

69:22 98:21

119:6 126:16

126:16 131:4

132:7 164:11

threw

34:9

throw

31:14 82:22

90:18 92:14

throwing

91:9 92:11

93:5

thumb

91:7

tightknit

164:6

time

10:2 12:17

13:14 15:12

17:15 21:10

23:5 25:19

26:24 27:17

29:1,3,4,7

29:11,19

30:18 31:2

32:1 37:14

39:24 41:17

46:5,20 47:4

47:22 49:20

50:6,10

51:23 53:23

54:2,14 58:3

58:9,11,17

58:18 59:7

59:22,25

60:2 61:6,9

61:16,17

64:14 65:11

65:11,21

66:3,10,11

67:3,15 72:8

74:8 75:20

77:17,20

80:6,20 84:4

85:15,24

86:13 88:17

89:11 93:2

95:19 96:9

96:10 99:18

100:16 101:2

105:10

107:12

108:11 109:9

109:25 111:7

112:22

118:14

119:17 122:2

123:8,12

124:10,16

128:9 129:18

131:15,17

132:22

133:23,23

134:16 135:5

135:25

137:20 140:1

140:10 141:7

143:7 144:2

144:14,17

147:3 149:6

149:10

156:15,21,23

159:24 160:7

160:10 161:2

161:11,12,15

161:23 162:6

162:7,8,20

168:22

172:13,25

173:2 174:9

177:22

179:10,18

180:19,25

183:11

186:20

timeframe

129:17,20

132:3,4

times

18:25 19:3

23:9 58:23

115:13

143:22

150:24 159:1

159:5 162:4

166:6,9,16

171:4 172:22

173:12

177:15,18

today

13:22 14:9

15:23,25

16:21 17:11

18:3,14 19:8

77:25 112:19

122:8,14

126:22

147:23

157:10

174:11

told

46:14 55:14

65:13,18,19

65:24 66:5

67:24 68:4

70:24 71:1,5

71:9 78:22

84:1 94:21

95:2,3 96:22

96:23 97:11

97:12 101:4

102:3 104:9

105:19

116:22 117:8

127:23

152:21

153:24 154:9

154:12,13

155:5 166:1

169:22,24

170:2 171:2

172:19

178:25 179:4

179:14 180:4

180:16,21,25

181:1,21

toni

1:22 12:16

14:24 186:6

187:14

top

34:18 35:22

116:21

tops

70:19

totally

25:15

touch

163:19

tower

1:20

transcribed

186:16 188:7

transcript

5:1 6:4 16:2,7

16:18,20

17:1 111:21

116:8,11

183:19 185:3

185:6,9,11

188:5,12

189:5,11,17

transcription

186:17

travel

61:13

trial

6:12 22:7,23

112:16,22

114:2,3

124:11

137:22,23

140:2,9

141:7,9,10

162:21

173:16,18

174:6,19

175:4,11

176:1 182:3

182:7,16

trick

173:6

tried

158:16 169:11

trimmed

76:18,18

tripping

115:13

trouble

145:5

true

15:20 178:7

186:16

truth

174:6 186:11

186:11,12

truthful

17:8

try

12:7,14 26:3

36:4 87:14

87:21 100:16

122:19

144:16

trying

26:8 44:5 64:8

85:17 86:3

86:15,16

109:22

139:19

turn

60:3 106:2

109:14

111:22

134:24 135:2

turned

40:5,14 46:12

46:21 54:6,8

54:11,13

58:2,8,22

59:20,23

61:14 105:18

107:6 170:3

170:12

turning

51:4 107:1,2,8

twice

18:19,21 19:3

46:21 181:9

twisted

115:21

two

18:25 19:3

28:10 58:22

61:2 69:21

70:19,19

72:12 78:1

80:8 98:20

102:6,11,22

103:9,11,21

126:16 131:7

131:14

164:25 178:2

179:18

twoway

82:7

type

33:22 125:14

125:15

135:17 146:3

156:4

typed

125:16 151:10

typical

157:16

U

uhhuh

12:1 34:22

135:21

137:11 160:9

uhoh

82:22

ultimately

128:11 172:14

umbrella

128:25 129:10

unannounced

124:1 160:8

uncertainty

18:24

uncle

164:17

understand

12:20,24 25:20

34:15 64:10

66:9 69:13

91:18 114:8

123:21

139:15

144:16 170:6

175:20

understanding

40:24 99:21

understood

13:6 95:24

168:17

uniform

64:2,5 74:18

uniformed

63:25 65:25

united

1:1

unusual

37:22 86:25

87:17

ups

78:1

upset

67:16 85:21

145:15

upstairs

47:21,25

use

13:11 41:25

76:13 128:3

V

valentin

17:13 18:5,17

30:15,21,23

47:19 62:12

142:21

148:20,24

149:23

169:16 182:6

valentins

29:21 31:8

vanessa

150:1

varied

29:17

various

173:12

veritext

190:1

version

140:23

versus

10:4 29:11

175:7

vicinity

36:20 85:7

video

7:1

videographer

4:10 10:1,19

43:10 45:17

49:18 53:13

59:6,11

92:22 93:1

110:18,22

120:4 122:1

134:25

168:21

175:21,24

183:5,10

184:21

videotaped

1:15 10:3

view

18:18

viewed

177:24 178:15

villafane

167:15

visible

38:17,22

vision

108:2

visit

23:2,10,12

102:6 144:2

165:12,20

visited

23:3,5 30:5

visiting

102:11

vivid

75:15

vividly

26:11 46:18

56:9 58:14

90:12 99:3

108:25

139:24

155:24,25

vs

1:9

W

wabanasia

35:2

wait

153:4 161:10

waiting

104:16

walk

38:19 143:2

walked

37:6,10,20,21

38:18,22

68:15,18

117:3

Case: 1:12-cv-04428 Document #: 313-6 Filed: 09/19/17 Page 62 of 64 PageID #:14879
Chicago, Illinois (312) 263-0052

McCorkle Litigation Services, Inc.

14

walking

39:5 68:20,21

85:13 88:8

142:18 143:1

want

12:13,25 15:9

21:24 22:17

25:12 32:5

33:4 34:14

40:3 41:22

57:1 60:3

64:9 70:4

71:13 72:17

72:21,22,23

72:23,24,25

72:25 76:7,9

76:13 79:9

85:19,22

87:11,21

91:12,13

92:7 97:22

104:6 105:1

110:1,7,8

112:11 114:9

114:13

116:21 120:2

122:12 129:4

136:9 143:19

147:4,11

149:20 150:5

150:21

151:19 154:7

157:12,15,16

157:21

158:24

162:14

174:22

183:14

wanted

16:18 21:23

22:2 97:6

98:2 118:16

126:3 127:24

127:25 128:4

137:10,12

138:22 165:9

172:2 181:23

wants

57:24 101:6,9

115:15,16

war

132:23

wasnt

86:18 103:22

106:22 110:7

146:18

155:23

179:14 180:4

180:22 182:8

watched

46:3

watching

61:25

way

28:12 34:15

50:18,21

54:21 55:15

57:2,7 60:22

62:23 68:19

70:19 74:4,6

85:10,19

86:12,14,21

86:21 88:9

97:3 101:11

103:17,18

110:10,10

112:12

113:25

116:18

129:23

135:15,16

143:19

148:17

150:11

154:24 156:7

157:12

158:13

160:22

177:10

ways

98:2

weapon

43:18

wear

62:20,22

wearing

40:1 55:2

56:23 64:3

65:20 89:24

90:8 93:6

wedding

47:20 133:8

week

16:25 27:5

138:7

weekend

27:13

weeks

18:17

weingart

3:6

went

18:16,21 19:1

26:12 51:6

51:11,17

59:21 61:2

61:10,14

62:3,14

65:19 66:6

67:3,14,18

72:20 73:8

84:3 86:1

97:21 98:4

98:13,24,24

99:4 104:8

104:20 107:1

110:10

123:18

126:14 134:1

138:1 144:13

145:17,22,23

150:17 162:8

162:13

166:19 168:6

168:8 171:12

171:24 172:7

181:6

west

26:22 28:6,16

32:7,11,11

32:14 33:1

33:22 34:4

35:3,11,13

35:24 36:9

45:4 56:25

184:2,5

weve

26:15 35:22

127:10

140:19

whatnot

163:11

whats

36:5,9 41:7

42:14 44:23

48:20 52:15

75:22 79:10

87:7 103:13

108:23

128:20

164:14

whereof

187:5

white

56:25 57:5,16

95:15,16,17

95:19 115:9

158:16

178:24

180:10,16

whitehaired

116:25 178:16

179:1,4,10

179:13 180:3

180:21 181:5

wide

89:14

wife

19:21 104:1

willing

127:16

window

23:25 24:6,7

24:11 99:23

134:7,13,13

134:14

windows

134:19

witness

10:20 24:14

43:13 45:14

52:25 53:4

53:11,17

54:9,9

113:11

119:21

144:11 186:9

186:14,15,18

187:5 188:1

188:4,11

189:1,4,15

witnessed

169:24

witnesss

185:2

wives

163:11

woman

56:19 102:13

102:14

178:16 179:1

women

102:6,10,11,22

103:9,11

word

53:2 76:12

79:11 129:1

154:11,18

words

22:10,19 41:25

79:9,13,17

85:18 87:10

115:22

117:15 144:5

147:7 156:5

wore

76:22

work

13:23 24:4,16

25:2 95:13

worked

23:23 24:1

25:2

worlds

33:10

worries

73:22

wouldnt

152:22 153:25

write

53:2 154:6,6,7

writing

123:9

written

53:9 154:20,25

165:7

wrong

32:21 42:14

87:7 93:19

93:21,21,24

94:18,22

95:3 96:13

96:14,14,17

96:19,19,22

96:22,25

97:1 98:6,7

101:7 104:11

104:20 116:1

116:23,23

117:9,17,17

128:1 143:3

158:17 179:2

wrote

44:11 125:19

154:16,19

X

Y

yall

163:10

yeah

29:4 31:9,12

43:13 57:4

57:11 71:9

74:20 76:7

76:21 81:2

81:16 104:9

106:7,17

108:14 115:8

116:6 117:14

119:18 126:2

127:8 129:9

129:9,24

131:24

143:14 144:5

146:20

148:19,19,25

152:25

153:15

155:18

158:14 160:5

161:8 165:6

165:8,11

166:15,15

171:14,16

174:13,13

177:16

178:23

180:16 181:8

year

20:24 23:10,11

145:23,24

years

19:16 20:7,15

21:2 25:4

44:14 48:12

50:16 52:13

132:15

144:18,19

145:18

149:14,20

173:22

174:10

yelling

142:8

yellow

40:10 62:21

63:4,7,7,9

91:23 95:16

95:18

yesterday

47:1

yo

146:1,22

youll

33:23 34:18

young

65:12 66:11

96:10 167:9

167:11

younger

131:4,7 145:7

145:9,22

147:18

youre

11:18 13:7

19:4 22:17

22:17 35:1

36:4,8 39:11

69:11 85:8

85:17,17,19

86:4,6,19

90:22 91:9

94:1 97:13

101:9 103:10

103:17,17

109:22

114:15

122:18,20

136:15

138:15

144:17

145:25

148:11,12

149:8 161:5

167:18

youve

13:6 14:15,21

23:23 36:18

53:9 66:13

69:20 73:19

77:25 84:19

133:2 151:20

151:22

154:13

169:10

Z

zacharias

3:5

0

00

93:2,3

0093

40:23

01

59:7,8

03

1:18 10:2

045062

52:2

045067

48:9

045069

44:13

1

1

37:18 93:2,3

110:19,20,23

110:24 120:1

120:5 121:1

10

20:8 37:18

49:25 168:15

168:18,19

100

1:20 2:17 7:24

7:25 8:1

171:17

106

8:2

108

8:3

109

8:4

11

1:18 5:9 10:2

27:1 152:4

152:15

111

8:5,6

112

8:7

115

8:8,9

116

8:10

117

8:11,12

118

8:13,14,15

12

1:9 15:17 27:1

37:18 59:7,8

59:12,13

92:23,24

125:8 187:17

122

5:10

13

20:7 173:22

174:13

1301

1:20

14

20:7

140

6:10

143

8:16

15

6:3 7:3 20:15

21:2 49:25

168:15

150

3:12 8:17

151

6:11

152

8:18

154

8:19

155

8:20,21

159

8:22

16

6:4 122:2,3

1669960

188:2 189:2

190:2

169

5:11

17

20:7 25:9

173

8:23

174

6:12

176

8:24

177

8:25

178

9:1,2

179

9:3

18

30:19 59:12,13

112:6 149:13

180

9:4,5

182

9:6

186

5:13

19

21:10 113:9

149:19

1988

17:13 18:7

25:21 26:16

128:21

129:16,20

131:1 149:6

165:2 167:3

169:15

1990

139:12 156:7

173:17,19

174:3 175:2

175:12 182:4

1990s

21:5

2

2

Case: 1:12-cv-04428 Document #: 313-6 Filed: 09/19/17 Page 63 of 64 PageID #:14880
Chicago, Illinois (312) 263-0052

McCorkle Litigation Services, Inc.

15

5:3 122:2,3

20

21:10 44:14

48:11 52:13

188:16

189:22

190:22

2010

15:17 125:9

181:22

2011

16:3,16 17:8

114:25

2013

1:17 10:3

187:8 188:3

189:3

2015

187:17

21

110:19,20

2200

3:22

2216

118:1

23

16:3 17:8

114:25

25

7:4

27

17:13 18:7

25:20,25

26:16 110:23

110:24

169:15

29

1:17 6:3 10:3

15:2,5,13,19

15:24 125:9

168:22,23

188:3 189:3

3

3

37:18 112:5

168:18,19,22

168:23 183:6

183:7,11,12

184:22,24

30

6:4 16:4,6,14

17:2 89:17

111:22

137:19

31

6:5 7:5,6

33:13,18

35:21 184:1

312

2:16

3122435900

2:19

3124941000

3:24

3125030844

2:9

32

6:6 40:17 41:2

41:8

321

3:21

33

6:5,7 44:10,18

45:11

3320

26:22 28:6,16

32:6,14

33:22 37:6

45:4 184:2,5

184:9,13

34

6:8 48:10,14

48:19 49:10

35

6:9 52:3,5,12

57:17 120:1

36

6:10 120:5

121:1 140:13

140:15,20

37

6:11 25:11

50:16 151:13

151:17

375

2:7

38

6:12 174:16,18

4

40

120:2

41

6:6

42

7:7 183:6,7

43215

4:6

44

6:7

4428

1:9

45084

140:24

48

6:8

5

5

25:9 175:2

188:3 189:3

52

6:9 183:11,12

53

92:23,24

54

184:22,24

550

3:11

6

6

5:5

60143

3:13

60607

2:18

60611

2:8

60654

3:23

610

4:5

6144495993

4:7

62

52:9 116:9,21

6307353300

3:14

66

7:8

7

71

7:9

76

25:9

79

7:10

8

82

7:11

83

7:12,13

84

7:14,15

85

7:16

86

7:17

87

7:18,19,20

89

128:21 129:17

129:20

9

90

7:21

90s

21:6,7

93

111:23 112:5

94

7:22

96

7:23

9th

1:20

Case: 1:12-cv-04428 Document #: 313-6 Filed: 09/19/17 Page 64 of 64 PageID #:14881