1

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF ARIZONA

United States of America, )

 )

Plaintiff, )

 )

vs. )

)

Scott Daniel Warren, )

)

Defendant. )

______________________________) CR18-223-TUC-RCC (BPV)

 

 

 March 7, 2018

VIDEO DEPOSITION

Kristian Perez-Villanueva

Transcribed by: Mass Transcription

Specializing in Legal Transcription

www.MassTranscription.com

Case 4:18-cr-00223-RCC-DTF Document 315-1 Filed 08/26/19 Page 1 of 52
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APPEARANCES:

ANNA WRIGHT, Assistant U.S. Attorney

United States Courthouse

405 W. Congress Street, Suite 4800

Tucson, Arizona 85701

Attorney for Plaintiff

NATHANIEL JACOB WALTERS, Assistant U.S. Attorney

Attorney for Plaintiff

GREGORY JOHN KUYKENDALL, Attorney at Law

Gregory Kuykendall Law Offices

531 South Convent Avenue

Tucson, Arizona 85701

Attorney for Defendant

AMY PICKERING KNIGHT, Attorney at Law

Gregory Kuykendall Law Offices

531 South Convent Avenue

Tucson, Arizona 85701

Attorney for Defendant

MICHAEL JOHN MARTINEZ AREINOFF, Attorney at Law

407 W. Congress Street, Suite 501

Tucson, Arizona 85701

SCOTT DANIEL WARREN, Defendant

KRISTIAN PEREZ-VILLANUEVA, Deponent

SANDY FRADY, Interpreter

CASE AGENTS

LEGAL STAFF

INDEX

WITNESS PAGE

Kristian Perez-Villanueva, by Ms. Wright 5,48

Kristian Perez-Villanueva, by Mr. Kuykendall 40

EXHIBITS

GOVERNMENT PROV. ADMISSION

3. Photo of Deponent in Defendant's Home

4. Photo of Deponent in Defendant's Home

5. Photo of Gas Station

6. Photo of House Deponent Stayed in 33

7. Photo of House Deponent Stayed in 33

8. Photo of House Deponent Stayed in 33

Case 4:18-cr-00223-RCC-DTF Document 315-1 Filed 08/26/19 Page 2 of 52
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9. Photo of Inside of House 34

10. Photo of Inside of House 34

11. Photo of Inside of House 34

12. Photo of Inside of House 34

13. Photo of Inside of House 34

14. Photo of Inside of House 34

15. Photo of Signs in House 34

16. Photo of Room Deponent Stayed in 34

17. Photo of Room Deponent Stayed in 34

18. Photo of Room Deponent Stayed in 34

19. Photo of Bathroom Door in House 36

20. Photo of Bathroom in House 36

21. Photo of Bathroom in House 36

22. Photo of Bathroom in House 36

23. Photo of Bathroom in House 36

24.

25. Photo with Yellow Packet in it

34. Photo of Deponent in Room 27

35. Photo of Deponent at Gas Station 29

36. Photo of Deponent at Gas Station 29

37. Photo of Jose Sacaria-Goday at Gas Station 29

38. Photo of Jose Sacaria-Goday at Gas Station 29

39. Photo at Gas Station 29

40. Photo at Gas Station 29

41. Photo at Gas Station 29

42. Photo at House w/ Deponent and Others 30

43. Photo at House w/ Deponent and Others 30

44. Photo at House w/ Deponent and Others 30

45. Photo at House w/ Deponent and Others 30

46. Photo at House w/ Deponent and Others 30

47. Photo at House w/ Deponent and Others 30

48. Photo of Gas Station

49. Photo of Gas Station

50. Photo of Jose Sacaria-Goday

51. Photo of Jose Sacaria-Goday and Deponent

52. Photo of Deponent

53. Photo of Deponent

54. Photo of Jose Sacaria-Goday

Case 4:18-cr-00223-RCC-DTF Document 315-1 Filed 08/26/19 Page 3 of 52
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1 THEREUPON:

2 MS. WRIGHT: And I'm going to start the 

3 recording now and then I'll have you guys --

4 actually --

5 UNKNOWN SPEAKER: Do you want them to stand 

6 here in --

7 MS. WRIGHT: I'd say stand in front of the 

8 witness stand here. And I'll have you in frame. 

9 Okay. And let me just get it started. Actually, it 

10 is going.

11 Go ahead, please.

12 (KRISTIAN PEREZ-VILLANUEVA and JOSE ARNALDO SACARIA13 GODAY, utilizing an interpreter translating English into 

14 Spanish and Spanish into English, were thereupon duly 

15 sworn.) 

16 MS. WRIGHT: Thank you. 

17 And we'll take Mr. Perez-Villanueva first.

18 (Brief pause.)

19 INTERPRETER: Counsel, I mentioned to the 

20 witness that if it's going to be a long answer, if 

21 he could break it up into phrases, that way -- so I 

22 don't forget anything in the translation. Thank 

23 you.

24 MS. WRIGHT: Thank you, Ms. Frady.

25 Let me go ahead and call the case. My 

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1 apologies for not doing this earlier today.

2 It is March 7th, 2018. We are here in 

3 Courtroom 5A to conduct the video-depositions of the 

4 material witnesses in the case United States versus 

5 Scott Daniel Warren, 18CR-223-RCC-BPV.

6 We are doing this pursuant to an order of the 

7 court to preserve the witness's testimony.

8 DIRECT EXAMINATION

9 BY MS. WRIGHT:

10 Q Sir, please state your name for the record.

11 A Kristian Gerardo Perez-Villanueva.

12 Q Have you understood the interpreter so far 

13 today?

14 INTERPRETER: No? 

15 Well, the answer was no, and I said, no?, and 

16 he said -- he didn't know who the interpreter was.

17 BY MS. WRIGHT:

18 Q So let me ask you again. Have you understood 

19 Ms. Frady, who's sitting next to you, so far today?

20 A Yes.

21 Q All right. Now, you understand that you have 

22 been placed under oath, right?

23 A Yes.

24 Q And do you understand what it means to tell the 

25 truth?

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1 A Yes.

2 Q Do you understand that if you do not tell the 

3 truth today that you could be charged with a crime for 

4 not telling the truth?

5 A Yes.

6 Q Now, Mr. Perez-Villanueva, how old are you?

7 A Twenty-three.

8 Q Where were you born?

9 A In El Salvador.

10 Q Where were your parents born?

11 A In El Salvador.

12 Q And your grandparents?

13 A In El Salvador.

14 Q Do you have any legal authority or status to be 

15 in the United States?

16 A No.

17 Q Do your parents?

18 A No.

19 Q Do your grandparents?

20 A No.

21 Q Now, I want to talk to you about how you most 

22 recently came to the United States, and I want to talk to 

23 you about it -- what happened, in the order that it 

24 happened. 

25 Sorry, I had to grab one more thing.

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1 Now, did you enter the United States illegally 

2 from Mexico in January of 2018?

3 INTERPRETER: Did you say 2017, counsel?

4 MS. WRIGHT: I should have said 2018.

5 THE WITNESS: Yes.

6 BY MS. WRIGHT:

7 Q Do you know what day you entered on?

8 A It was Friday, the 12th of January.

9 Q When you entered on the 12th of January, did 

10 you have permission to be in the United States?

11 A No.

12 Q Did you have any papers that allowed you to 

13 come into the United States?

14 A No.

15 Q And when you entered, did you come through an 

16 official port of entry or somewhere else?

17 A Through another area.

18 Q And we'll talk more about that in a little bit. 

19 INTERPRETER: Counsel, could you put the --

20 closer to the thing?

21 MS. WRIGHT: Yes.

22 BY MS. WRIGHT:

23 Q And, now, Mr. Perez-Villanueva, you told us 

24 that you were born in El Salvador. Is that also where 

25 your home is?

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1 A Yes.

2 Q Did you begin your journey to the United States 

3 from El Salvador?

4 A Yes.

5 Q When did you leave El Salvador to come to the 

6 U.S.?

7 A October 4th, 2017.

8 Q 2017 or 2018?

9 A Yes.

10 Q How long did it -- after you left El Salvador, 

11 did you eventually reach Mexico?

12 A Yes.

13 Q And once you reached Mexico, how long did you 

14 stay there before you crossed into the United States?

15 A Approximately, two months.

16 Q Where did you stay while you were in Mexico?

17 A I rented a room.

18 Q Did you ever stay with other people who were 

19 trying to cross into the United States?

20 A Yes. Well, there was a time when I just rented 

21 a room. Then I sought a shelter. 

22 Q Was the shelter the place you stayed just 

23 before you crossed into the United States?

24 A Yes, I was there for a while.

25 Q How long were you at the shelter?

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1 A I don't remember.

2 Q Let's see if we can narrow it down. Was it 

3 longer or shorter than one month?

4 A Approximately, a month.

5 Q Now, you told us that you crossed into the 

6 United States on January 12th. Why did you cross on that 

7 day?

8 A When I left El Salvador, I had problems in my 

9 country, and so once being in the border area, the same 

10 problems came up for me, and so that forced me to enter 

11 the United States. 

12 Q Let me ask my question a little bit 

13 differently. Why did you cross on January 12th as 

14 opposed to a different day?

15 A For the same reason, there hadn't been the 

16 problem come up, the same situation, the same problem, 

17 and then -- so then, when that situation came up again, I 

18 felt that I had to enter, because my plans had not 

19 originally been to come to the United States. I was 

20 going to stay in Mexico until the trouble was resolved.

21 Q Let me ask you this, Mr. Perez-Villanueva, did 

22 anybody tell you that January 12th was the day you had to 

23 cross into the United States?

24 A No.

25 Q Did any -- when you crossed, did anyone else 

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1 cross with you?

2 A Yes.

3 Q Who else crossed with you?

4 A There were four other companions, plus myself. 

5 That made five. 

6 Q Was one of the people who crossed with you Jose 

7 Arnaldo Sacaria-Goday?

8 A Yes.

9 Q And he's the other person who is being detained 

10 as a material witness in this case, right?

11 A Yes.

12 Q Now, you told us before that you crossed at a 

13 place that wasn't an official port of entry.

14 A Yes.

15 Q The place where you crossed, what did it look 

16 like?

17 A Well, there was the wall. We climbed the wall.

18 Q And then?

19 A We climbed it and we crossed it.

20 Q About how tall is the wall?

21 A Somewhere between five and six meters.

22 Q And the place where you crossed the wall, was 

23 that near town or out in the desert somewhere?

24 A It was about two kilometers from where you 

25 could see the houses of the town. 

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1 Q Were there any roads nearby?

2 A No.

3 Q Once you got over the wall, what happened next?

4 A We had a compass and so we started going down 

5 the mountain where the wall was located and we started

6 being guided by the compass.

7 Q How did you know where -- well, first let me 

8 ask you this, actually: What was the weather like that 

9 day?

10 A It was real cold.

11 Q Did you have coats and hats with you?

12 A We had caps, we had gloves, and a jacket.

13 Q Let's talk about how you traveled. Did you 

14 travel on foot or in a car?

15 A We traveled walking, on foot.

16 Q And you said that you used a compass to guide 

17 you. Where were you trying to go?

18 A North.

19 Q When you were walking, were you trying to get 

20 to a particular town or a particular place?

21 A No.

22 Q Once you started walking, did the other three 

23 people who crossed with you, did they eventually leave 

24 you?

25 A Yes.

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1 Q Did you eventually reach a gas station while 

2 you were walking?

3 A Yes.

4 Q Did those other three people leave your group 

5 before you got to the gas station?

6 A Yes, much before.

7 Q Now, how did you reach the gas station?

8 A After we crossed the wall, we started walking. 

9 We walked and walked, for about three hours. Three of 

10 the companions that were coming with us got thorns in 

11 their hands and their feet, and they would hang back and 

12 they'd yell a lot in the desert, and we would tell them 

13 to be quiet because the immigration agents would be able 

14 to hear us. One of the persons got irritated with us and 

15 told us to -- well, it wasn't a very nice expression --

16 told us we could go to hell. And so we had only walked 

17 with them for three hours when they stayed back. 

18 From there on, just Jose continued with me, and 

19 we kept guiding ourselves by the compass. I also would 

20 guide myself by the stars. Between the two of us, we 

21 made a good team, so we supported each other mutually.

22 Q Let me ask you this, how long -- after the 

23 other three people left you, how long did you walk before 

24 you got to the first gas station?

25 A Well, it was about 12:00 o'clock, so we walked 

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1 about eight hours more.

2 Q Once you got to the gas station, what happened 

3 next?

4 A Before we got to the gas station, in the very 

5 early morning hours, we ran into some immigration agents 

6 -- patrols. Patrols. And they were following us, and so 

7 we threw away our backpacks, where we had our food, and 

8 we had to throw away the two gallons of water that we 

9 were bringing with us.

10 Q So, Mr. Perez-Villanueva, after that happened, 

11 did you reach the gas station?

12 A After that, then, in the distance, we could see 

13 the lights that were from the gas station, and also in 

14 the distance you could see other lights. I'm not sure 

15 whether it was from a town that's called Ajo, and when we 

16 got close to there -- well, we ended up to one side of 

17 the freeway. And we also had clothing underneath and we 

18 were wearing camouflage on top.

19 Q Mr. Perez-Villanueva, what I want to know is, 

20 you eventually reached a gas station, right?

21 A Yes.

22 Q Okay. Let's start from there. What happened 

23 after you were at the gas station?

24 A Okay.

25 Q Okay. So once you're at the gas station, what

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1 happens next? Do you stay at the gas station? Do you 

2 go somewhere else?

3 A Well, we were at the gas station. We had 

4 removed our camouflage outfits. We mixed in -- mingled 

5 with the people that you could see there. And I know a 

6 little bit of English, and I asked help from people who I 

7 saw arriving to fill their tanks.

8 Q Did you eventually leave that gas station?

9 A Yes.

10 Q How did you leave the gas station, on foot or 

11 in a vehicle?

12 A We were given a ride.

13 Q How did you get your ride?

14 A Asking for help.

15 Q And where did this person take you?

16 A From the gas station that we were at to another 

17 one.

18 Q Once you got to the second gas station, what 

19 happened there?

20 A We were with Jose. Once there, a man came by 

21 in his automobile. I don't know how it was that he saw 

22 us. He saw us; he said that he recognized us. He 

23 returned. He asked me about the other three that had 

24 been coming with us. He said that one of them was a very 

25 good friend of his, and he said that he could help us and

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1 that he could move us to wherever we wanted to get 

2 moved to, or something to that effect. He said that one 

3 of those who had come with us --

4 MR. KUYKENDALL: I'm going to register --

5 THE WITNESS: -- had commented to him --

6 MR. KUYKENDALL: I'm sorry. Excuse me.

7 Just for the record, I need to object to 

8 hearsay responses. I know we can litigate this 

9 later, but I want to put it on the record that I 

10 object to hearsay response. 

11 MS. WRIGHT: And it's not hearsay because it's 

12 statements during the course of a conspiracy.

13 You can keep answering the questions.

14 THE WITNESS: Then he said he reminded us, or 

15 remembered us -- I don't know how to explain this.

16 MR. KUYKENDALL: Just for the record, Anna, do 

17 you want me to not interrupt each time he gives a 

18 hearsay response, or do you want me to -- because I 

19 can just make a continuing standing objection to it, 

20 if you'd prefer.

21 MS. WRIGHT: I think you can do a continuing 

22 objection.

23 MR. KUYKENDALL: Then I'm going to make an 

24 objection to this witness's hearsay responses, with 

25 the agreement from the Government that I won't

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1 continue to interrupt the deposition each time 

2 that he does so, but we will have a hearsay 

3 objection on the record.

4 MS. WRIGHT: And, Mr. Kuykendall, just to be 

5 clear, it's to his testimony regarding what this 

6 particular person said to him, correct?

7 MR. KUYKENDALL: Right.

8 MS. WRIGHT: Okay. So if there's another -- if 

9 he makes -- if he testifies about what another 

10 person said, you would make an objection at that 

11 time. So for this line of questioning, regarding 

12 what this person said to him.

13 MR. KUYKENALL: Correct.

14 MS. WRIGHT: Okay.

15 MR. KUYKENDALL: And, actually, the only reason 

16 I'm pausing is this is double hearsay. He's saying 

17 that the driver told him that some other migrant had 

18 told him something, but I'm making an objection to 

19 everything that this driver told him, including what 

20 other people said to the driver.

21 MS. WRIGHT: Okay. I think we've got our 

22 record now. I just wanted to make sure we had it. 

23 Thank you.

24 Ready?

25 INTERPRETER: Yes.

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1 MS. WRIGHT: Okay.

2 BY MS. WRIGHT:

3 Q So, Mr. Perez-Villanueva, what else did this 

4 person say to you?

5 A After that, we got into his car. He said he 

6 would take us nearby, to somebody who could help us. 

7 Q And, Mr. Perez-Villanueva, let me pause you 

8 there. I'd like to ask you to describe this man for us.

9 MR. KUYKENDALL: And I'm going to object to the 

10 form because it doesn't adequately describe which 

11 man you're asking a description of.

12 BY MS. WRIGHT:

13 Q Mr. Perez-Villanueva, can you tell us what this 

14 driver who you were speaking with looked like?

15 A I don't remember.

16 Q Well, let me narrow things down for you. You 

17 said it was a man. About how tall was he?

18 A I don't really remember, but I would say 

19 somewhere between 1.7 or 1.5.

20 Q Meters?

21 INTERPRETER: Shaking head yes.

22 BY MS. WRIGHT:

23 Q Was this person a Hispanic person, a White 

24 person, an Asian person?

25 A I don't know.

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1 Q Was his skin light or dark?

2 A Kind of in the middle.

3 Q About how old was this person?

4 A I don’t know.

5 Q If you saw a picture of this person again 

6 today, would you recognize him?

7 A Well, I only sort of half saw him and a long 

8 time has gone by, so, truly, I might not.

9 Q We'll move on from there, Mr. Perez-Villanueva.

10 You told us, when I -- when I paused you there, 

11 that you had gotten into this man's car. 

12 A Yes.

13 Q Where did he take you?

14 A He said that one of these three guys who had 

15 stayed back had told him about somebody who might be able 

16 to help us, but it wasn't a sure thing as to whether he 

17 would help us or not help us. Because a person -- he 

18 said this, that a person who is inside the United States, 

19 if he helps an immigrant then that's a crime.

20 Q So, Mr. Perez-Villanueva, I just want to -- to 

21 move us along here, where did the driver take you next?

22 A He dropped us off near the house of the 

23 gentleman, you could say just right in front, and he said 

24 wait there and talk to him and see if he will help you. 

25 And he said if we were asked who had taken us there, he 

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1 said that we should reply, we came by ourselves, alone, 

2 on our own. We stayed there, entered an area that was 

3 near the house. When we got to the rear part, the back 

4 part of the house, in back of the house, the bathroom 

5 door was open, and we, Jose and I, went into the bathroom 

6 -- entered the bathroom, and we waited there.

7 Q Did you ever meet anyone who was at this house?

8 A Not until the gentleman came, and we explained 

9 the situation to him. We asked him if he could help us 

10 with water and with food, because we wanted to continue 

11 our trip.

12 Q And what did -- sorry, I'm going to ask you a 

13 question here. 

14 When you asked for water and food, did the man 

15 -- the gentleman agree to give you water and food?

16 A He said, I can help you with food and water.

17 Q What happened next?

18 A Well, our feet were hurting. We asked if he 

19 could give us a place just to stay because we didn't have 

20 on our camouflage to be able to continue on the trip.

21 Q And did he agree to let you stay there?

22 A He said we could just stay a short time, not a 

23 long time. 

24 Q Did you end up staying there?

25 A Yes, we did --

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1 Q How long -- whoops, sorry. Go ahead. 

2 A Yes, we did stay.

3 Q How long did you stay there?

4 A Two nights.

5 Q When you arrived at this house, did you have 

6 anything with you?

7 A Just our jackets, caps, gloves.

8 Q Did you have anything other than the clothes 

9 you were wearing?

10 A No.

11 Q And I want to follow-up on something you said 

12 earlier, and, actually, first, I'd like to ask you this.

13 Go ahead, Ms. Frady, I’m sorry.

14 Can you describe the gentleman that you were 

15 speaking with to us, please?

16 A The man that I was talking with?

17 Q At the house, yes.

18 A Long hair. His face was kind of -- well, like 

19 face kind of long. Not fat. And slender. 

20 Q Was he short or tall?

21 A Somewhat tall.

22 Q Do you see that man here in the court today?

23 A Yes.

24 Q What I'd like you to do is point him out and 

25 describe some piece of clothing that he is wearing.

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1 Let me step out of the way.

2 And what is he wearing?

3 A A jacket.

4 Q What color is the jacket?

5 A It's sort of a dark blue. Blackish-blue.

6 Q And I'm going -- let me see. Does he have a 

7 red or a black tie on?

8 You can stand up if you need to.

9 MR. KUYKENDALL: You know, we don't need to do 

10 this. We stipulate that the gentleman that he's 

11 trying to identify is Dr. Scott Warren, who's 

12 present in this courtroom for the video-deposition.

13 MS. WRIGHT: Thank you, Mr. Kuykendall. And 

14 I'm going to pan around just for the record. There 

15 we go.

16 BY MS. WRIGHT:

17 Q So now I want to talk to you about what the 

18 defendant said to you that day. You said that you -- you 

19 said that you explained the situation to him? 

20 A Yes.

21 Q What exactly did you say to him about the 

22 situation?

23 A Well, I told him we had -- I told him about 

24 everything that had happened up to when we got to the 

25 first gas station. From there, I did not tell him about 

Case 4:18-cr-00223-RCC-DTF Document 315-1 Filed 08/26/19 Page 21 of 52
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1 the ride that we had gotten, and nor did I say that we 

2 had been left near his house. I only told him about the 

3 last gas station we had started asking around, asking 

4 about people who leave water in the desert.

5 Q Mr. Perez-Villanueva, did you tell the 

6 defendant about how you came into the United States, 

7 crossing the wall?

8 A Yes.

9 Q And when you were talking with the defendant, 

10 what language were you speaking?

11 A Spanish.

12 Q And over the course of the two nights that you 

13 stayed there, did you see the defendant at the house?

14 A At night.

15 Q When you saw the defendant, did he give you any 

16 food?

17 A Yes.

18 Q Did he give you any clothing?

19 A Yeah, he gave us some shorts.

20 Q Did he give you any water?

21 A Yes.

22 Q Did he give you a place to sleep?

23 A Yes, he lent us some beds that he had.

24 Q Did he talk to you at all about directions 

25 further north or where else you could go once you left 

Case 4:18-cr-00223-RCC-DTF Document 315-1 Filed 08/26/19 Page 22 of 52
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1 the house?

2 A No.

3 Q Did anyone give you first aid while you were 

4 there?

5 A What do you mean by that?

6 Q Did anybody take care of any cuts, or bruises, 

7 or injuries that you had?

8 A No.

9 Q While you were staying there, did anyone give 

10 you any instructions about what to do if Border Patrol or 

11 other law enforcement agents came to the house?

12 MR. KUYKENDALL: I’m going to object to the 

13 question because it calls for a hearsay response.

14 THE WITNESS: No.

15 MR. KUYKENDALL: Withdraw the objection.

16 BY MS. WRIGHT:

17 Q Were you eventually caught by Border Patrol 

18 agents while you were staying at the house?

19 A Well, the sheriff came. It was near the 

20 bathroom, and I don't know whether they came together or 

21 not, but the sheriff was there.

22 Q Let's talk about the day that you were caught 

23 by the sheriff and law enforcement. How did that day 

24 start?

25 A It was getting late, towards the evening. We 

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1 were going to leave that night. We were just going to 

2 wait about 15, 20 minutes to take up our road again, our 

3 way -- go on our way again. We were outside the house 

4 and we went into what was the bathroom to start getting 

5 ready to leave. Then we heard two sheriff patrol cars 

6 stop, and then we heard some other vehicles stop that we 

7 didn't know what they were. Suddenly, I told Jose that 

8 it was the sheriff and what shall we do, and he said, 

9 let's close the door. He said, let's shut the door and 

10 let's just not make noise. 

11 We stayed there, then the sheriff came and said 

12 -- he said, open the door, but he said it in English. 

13 And I told him, excuse me, I said to him in English, and 

14 he said again, open the door, and I said, okay. And I 

15 opened the door and he said to me -- he asked me where I 

16 was from. I said nothing. And he asked again, he said, 

17 where are you from? And I said to him, from El Salvador. 

18 He asked me if I had documents in order to be in the 

19 United States, and I answered, no. 

20 He asked me if someone else was in the 

21 bathroom. I said, I don't know. He entered -- he 

22 supervised the bathroom. He found Jose in the shower. 

23 He asked him if he had a weapon. 

24 Q Mr. Perez-Villanueva, I'm going to stop you 

25 there and ask you some more questions about what happened 

Case 4:18-cr-00223-RCC-DTF Document 315-1 Filed 08/26/19 Page 24 of 52
25

1 before the sheriff came to the door. 

2 A Okay.

3 Q So just to be clear, we're talking about before 

4 the sheriff was at the door. 

5 A Yes.

6 Q Before you and Jose are in the before?

7 A Yes.

8 Q Before all of that, were you ever outside of 

9 the house that day with the defendant?

10 A Yes, we did go on the outside. The accused had 

11 just arrived. We were smoking. We had a cigarette; we 

12 were smoking. And when he arrived, he just asked us how 

13 we were. After that, there was little time left before 

14 we were going to get our stuff ready. 

15 Q Okay, let me ask you this before you go on, 

16 when you were standing outside talking with the 

17 defendant, did he ever show you the mountains that were 

18 to the north?

19 A Well, I already knew which mountains were 

20 north.

21 Q But my question is, did you ever talk to the 

22 defendant about the mountains to the north?

23 A I don't remember.

24 Q I want to talk to you a little bit about what 

25 you brought with you. When you were arrested that day, 

Case 4:18-cr-00223-RCC-DTF Document 315-1 Filed 08/26/19 Page 25 of 52
26

1 did you have a phone with you?

2 A Yes.

3 Q And did you agree that the law enforcement 

4 agents could search that phone?

5 A Yes.

6 Q And was this phone one that you carried with 

7 you on your journey from El Salvador?

8 A No.

9 Q Did you have it with you in Mexico before you 

10 crossed into the United States?

11 A Yes, I bought it in Mexico.

12 Q Did you carry it with you when you crossed into 

13 the United States?

14 A Yes.

15 Q And did you have an app called "WhatsApp" 

16 installed on your phone?

17 A Yes.

18 Q And did you use WhatsApp?

19 A Yes, I did use WhatsApp, but I always 

20 eliminated my conversations, my calls, because one had 

21 been stolen from me previously and I didn't want anything 

22 of what I talked about to remain there due to the fact 

23 that I would communicate with my uncle, I would 

24 communicate with my wife, with my mom, my brothers and 

25 sisters.

Case 4:18-cr-00223-RCC-DTF Document 315-1 Filed 08/26/19 Page 26 of 52
27

1 Q Okay. Let me ask you -- I'm going to show 

2 you a few photos here and I'm going to ask you to take a 

3 look at them. I'm going to start with what's been marked 

4 as United States Exhibit 34. Do you recognize what's in 

5 that photo?

6 A Yes.

7 Q What's in that photo?

8 A It's myself. It's kind of like a room.

9 Q When did you take that photo?

10 A I don't recall, but I was in Mexico.

11 Q All right. 

12 MS. WRIGHT: And I will move provisionally for 

13 the admission of United States Exhibit 34.

14 (Thereupon, U.S. Exhibit Number 34 was 

15 provisionally moved for admission.)

16 BY MS. WRIGHT:

17 Q And next I'm going to show you some more 

18 photos. They are United States Exhibits 35 through 41. 

19 Take a look at those, and look up when you're 

20 done looking through them.

21 A Yes.

22 Q Do you recognize what's in those photos?

23 A Yes.

24 Q All right. Since I've handed you a group, 

25 let's go one by one. 

Case 4:18-cr-00223-RCC-DTF Document 315-1 Filed 08/26/19 Page 27 of 52
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1 Who is in Number 35?

2 A It's me. 

3 Q It's you.

4 And, actually, let's take a look at 36, as 

5 well. Is that also you?

6 A Yes, it's me.

7 Q Where did you take those photos?

8 A At the last gas station. 

9 Q And let's take a look at 37 and 38. Who's in 

10 those photos?

11 A It's Jose.

12 Q When did you take those photos?

13 A I don't recall the date but it's in the same 

14 place.

15 Q So at that same gas station?

16 A Yes.

17 Q And would it be fair to say that the only time 

18 you've been at that gas station is when you were on your 

19 journey to the house that you stayed at? 

20 A Yes.

21 Q All right. Let's look at Number 39, and 40, 

22 and 41. Are those all photos that were taken at the same 

23 gas station?

24 A Yes.

25 Q And are those all photos of either you or Mr. 

Case 4:18-cr-00223-RCC-DTF Document 315-1 Filed 08/26/19 Page 28 of 52
29

1 Sacaria together or separately? 

2 A Yes.

3 MS. WRIGHT: I'm going to move for the 

4 provisional admission of United States Exhibits 35 

5 through 41.

6 (Thereupon, U.S. Exhibit Numbers 35 through 41 

7 were provisionally moved for admission.)

8 BY MS. WRIGHT:

9 Q And then, in a moment, I'm going to show you 

10 United States Exhibits 42 through 47. 

11 A Okay.

12 Q Take a look through those, and look up when 

13 you've had a chance to study them. 

14 A Okay.

15 Q Looking at these photos together, when were 

16 they taken?

17 A I don't recall the dates, but I do believe it 

18 was the second night.

19 Q The second night while you were staying this 

20 house we've been talking about?

21 A Yes.

22 Q And who's in these photos?

23 A Jose, myself. The people in the background, I 

24 don't know.

25 Q Were those people who were also at the house?

Case 4:18-cr-00223-RCC-DTF Document 315-1 Filed 08/26/19 Page 29 of 52
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1 A No, they just arrived that night, and I had -

2 - I had my phone in hand and I said, selfie, and we went 

3 by and --

4 Q Okay.

5 MS. WRIGHT: And I'm going to move for 

6 admission of those exhibits, which is 42 through 47.

7 (Thereupon, U.S. Exhibit Numbers 42 through 47 

8 were provisionally moved for admission.)

9 BY MS. WRIGHT:

10 Q Next, I'm going to show you United States 

11 Exhibits 3 through 5. 

12 And I'll take those other exhibits back from 

13 you, and take a look at these. When you've had a moment, 

14 look up.

15 A Okay.

16 Q All right. Now, taking a look at these, Mr. 

17 Perez-Villanueva, do you recognize the place that's shown 

18 in these photos?

19 A The first two, Number 4 and 3, I do appear, but 

20 -- but -- well, they're photos from a camera but not my 

21 telephone.

22 Q Do you recognize -- you said you are in these 

23 photos?

24 A Yes.

25 Q Do you recognize where you are in these photos?

Case 4:18-cr-00223-RCC-DTF Document 315-1 Filed 08/26/19 Page 30 of 52
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1 A No.

2 Q And, Mr. Perez-Villanueva, actually, let's move 

3 to -- can you read, at the bottom of these exhibits, 3 

4 and 4 -- can you read the words that are written at the 

5 bottom of these exhibits? And they are in English, so if 

6 you're not comfortable with that, just let me know.

7 A No.

8 Q All right. Let's turn to Exhibit 5. Do you 

9 recognize what's in that photo, or in that exhibit?

10 A Yes.

11 Q What's in that photo, that exhibit?

12 A It's the image of the gas station where I was.

13 Q And the language on that exhibit, is that in 

14 Spanish or English?

15 A It's in Spanish.

16 Q Okay. Now I'm going to show you Exhibits 48 

17 through 54. I'll let you hold onto those for a moment. 

18 I'll take them all at once. I'll have you look at those 

19 (inaudible).

20 A Yeah.

21 Q Let's start with United States Exhibits 48 and 

22 49; do you recognize what's in those?

23 A Well, it's a place where you can purchase, but 

24 I don't know what it says on there.

25 Q Do you recognize this as a gas station that you 

Case 4:18-cr-00223-RCC-DTF Document 315-1 Filed 08/26/19 Page 31 of 52
32

1 were at?

2 A I don't remember.

3 Q Let's turn to Exhibits 50 through 54 now. So 

4 you can set 48 and 49 down. So now we're looking at 50 

5 through 54. In 50 through 54, do you see yourself in any 

6 of these exhibits?

7 A Between 50 and 54 -- in 50, I just see Jose. 

8 In 51, I see myself with Jose. And then the next one, 

9 yes, I do see myself. 

10 Q That's 53? 52?

11 INTERPRETER: The interpreter asked if, in 52, 

12 you see yourself as well, and he said yes.

13 MS. WRIGHT: Okay.

14 BY MS. WRIGHT:

15 Q Let's look at 53 now. Do you see yourself in 

16 that photo?

17 A Yes. 

18 Q And now let's look at 54. 

19 A All I see is Jose.

20 Q I'm going to show you -- I'm going to take 

21 those back from you, and now I'm going to show you United 

22 States Exhibits 6 through 8. Take a look at those and 

23 look up when you're ready.

24 A Okay.

25 Q Do you recognize what's in those photos, Mr. 

Case 4:18-cr-00223-RCC-DTF Document 315-1 Filed 08/26/19 Page 32 of 52
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1 Perez-Villanueva?

2 A Yes.

3 Q What's in those photos?

4 A It's a house, with a smaller house.

5 Q Have you ever been to that house before?

6 A Just the time that we got there when the 

7 sheriff's arrived.

8 Q Is this the house that you stayed at for those 

9 two nights?

10 A Yes.

11 MS. WRIGHT: I'd move for admission of Exhibits 

12 6 through 8.

13 (Thereupon, U.S. Exhibit Numbers 6 through 8 

14 were provisionally moved for admission.)

15 BY MS. WRIGHT:

16 Q And next I'm going to ask you to look at United 

17 States Exhibits 9 through 14. Showing you Exhibits 9 

18 through 14, if you could look at those and look up when 

19 you're ready.

20 A Okay.

21 Q All right. Let's just -- generally speaking, 

22 do you recognize what's in Exhibits 9 through 14?

23 A Yes.

24 Q What's in those photos?

25 A The inside of the house.

Case 4:18-cr-00223-RCC-DTF Document 315-1 Filed 08/26/19 Page 33 of 52
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1 Q Is that the same house that you stayed at for 

2 those two days?

3 A Yes, the two nights. Yes.

4 MS. WRIGHT: I move for admission of United 

5 States Exhibits 9 through 14.

6 (Thereupon, U.S. Exhibit Numbers 9 through 14 

7 were provisionally moved for admission.)

8 THE WITNESS: When you say they are admitted, 

9 what does that mean?

10 MS. WRIGHT: It's a legal question for the 

11 judge for later on. 

12 BY MS. WRIGHT:

13 Q So next I'm going to show you Exhibits 15 

14 through 18. 

15 A Okay.

16 Q Do you recognize what's in those photos?

17 A Yes.

18 Q What's in those photos?

19 A The interior of the house. 

20 MS. WRIGHT: I'd move for admission of United 

21 States Exhibits 15 through 18.

22 (Thereupon, U.S. Exhibit Numbers 15 through 18 

23 were provisionally moved for admission.)

24 BY MS. WRIGHT:

25 Q Let's take a look at Exhibit 15. Do you have 

Case 4:18-cr-00223-RCC-DTF Document 315-1 Filed 08/26/19 Page 34 of 52
35

1 that there? I'm going to ask you to look at the two 

2 signs that are there on that white cabinet; do you see 

3 those?

4 A These two?

5 Q Yes.

6 A Yes.

7 Q Were those posted there while you stayed at the 

8 house?

9 A I don't remember.

10 Q Let's take a look at Exhibits 16, 17, and 18, 

11 so the other three you have there. Is that the room that 

12 you slept in while you stayed at the house?

13 A Yes.

14 Q And I'm going to show you United States 

15 Exhibits 16 through 24 now. Take a look at those and 

16 look up when you're ready. 

17 A Okay.

18 Q Do you recognize what's in those photos?

19 A Yes.

20 Q What's in those photos?

21 A One has three signs, one is the inside of the 

22 bathroom.

23 Q Well, then let's go through in order. Let's 

24 start -- my apologies. 

25 Let's start with Exhibit 19. Do you have that 

Case 4:18-cr-00223-RCC-DTF Document 315-1 Filed 08/26/19 Page 35 of 52
36

1 one there in front of you?

2 A Yes.

3 Q And is that the photo of the door you were 

4 talking about?

5 A This one? Yes.

6 Q Do you recognize that door?

7 A Yes, it's the bathroom door.

8 Q And that's the bathroom in that same house 

9 we've been talking about?

10 A Yes.

11 Q And then Exhibits 20 through 24, are those all 

12 the bathroom in the house that we've been talking about?

13 A I don't recall this one.

14 Q What's the number on that one?

15 A Referring to 24. 

16 Q But as to 20 through 23, those are all the 

17 bathroom in the house we've been talking about?

18 A Yes.

19 MS. WRIGHT: I'd move for admission of Exhibits 

20 19 through 23.

21 (Thereupon, U.S. Exhibit Numbers 19 through 23 

22 were provisionally moved for admission.)

23 BY MS. WRIGHT:

24 Q And now I'm going to show you Exhibit 25. 

25 I'll take those back from you. Here's 25. Do 

Case 4:18-cr-00223-RCC-DTF Document 315-1 Filed 08/26/19 Page 36 of 52
37

1 you recognize what's in that exhibit?

2 A Well, I know it's medication.

3 Q Let me take your attention to the yellow packet 

4 that's in that photo. Do you see that?

5 A Yes.

6 Q Do you know what that is?

7 A No.

8 Q Give me just one moment, please. 

9 So I'm going to take that exhibit back from 

10 you, and then what I'm going to do is show the exhibits 

11 to the video camera before I take my seat. 

12 MS. WRIGHT: Mr. Walters, if you could help me 

13 make sure I'm in frame? Thank you.

14 This is Exhibit 34. 

15 United States Exhibit 41.

16 United States Exhibit 40.

17 United States Exhibit 39.

18 United States Exhibit 38.

19 United States Exhibit 37.

20 United States Exhibit 36. 

21 United States Exhibit 35.

22 United States Exhibit 42.

23 United States Exhibit 43.

24 United States Exhibit 44.

25 United States Exhibit 45.

Case 4:18-cr-00223-RCC-DTF Document 315-1 Filed 08/26/19 Page 37 of 52
38

1 United States Exhibit 46.

2 United States Exhibit 47.

3 United States Exhibit 54.

4 United States Exhibit 53.

5 United States Exhibit 52.

6 United States Exhibit 51.

7 United States Exhibit 50.

8 United States Exhibit 49.

9 United States Exhibit 48.

10 United States Exhibit 3.

11 United States Exhibit 4.

12 United States Exhibit 5.

13 United States Exhibit 9.

14 United States Exhibit 10.

15 United States Exhibit 11.

16 United States Exhibit 12.

17 United States Exhibit 13.

18 14.

19 6.

20 7.

21 8.

22 18.

23 17.

24 16.

25 15.

Case 4:18-cr-00223-RCC-DTF Document 315-1 Filed 08/26/19 Page 38 of 52
39

1 23.

2 22.

3 21.

4 20.

5 19.

6 24.

7 And 25.

8 Mr. Kuykendall and Ms. Knight, we've been going 

9 about an hour and 20 minutes. Usually, we take a 

10 little bit of a break because we're only using one 

11 interpreter; is that okay? 

12 UNKNOWN SPEAKER: Yeah, I -- Sandy, I assume 

13 you'd like a break?

14 INTERPRETER: Well, I wouldn't object.

15 UNKNOWN SPEAKER: How about -- you want a 10-

16 minute break? Does that work for everybody?

17 MS. WRIGHT: I think that's fine. Just for 

18 everybody's information, I leave the camera running 

19 and then, later, take out the parts that aren't 

20 relevant, but just so you're aware it's still 

21 running. 

22 UNKNOWN SPEAKER: Thank you. 

23 (Thereupon, the video deposition recessed.) 

24 MR. KUYKENDALL: Mr. Perez, my name is Greg 

25 Kuykendall and I'm the lawyer that is representing 

Case 4:18-cr-00223-RCC-DTF Document 315-1 Filed 08/26/19 Page 39 of 52
40

1 Dr. Warren, and the other lawyer at the table is 

2 Amy Knight. 

3 And I want you to know that under the rules of 

4 court, I need to ask you questions about what you 

5 just said to the prosecutor, to the Government 

6 prosecutor, okay? 

7 THE WITNESS: Okay.

8 MR. KUYKENDALL: And if you don't understand me 

9 at some moment during -- or you don't understand my 

10 question, or you don't understand Ms. Frady, let me 

11 know, okay?

12 THE WITNESS: Okay.

13 CROSS EXAMINATION

14 BY MR. KUYKENDALL:

15 Q How would you describe how well Dr. Warren 

16 speaks Spanish?

17 A I don't know. I hardly spoke with him.

18 Q The little bit that you spoke with him, was it 

19 obvious to you that he spoke English primarily?

20 A I'm sorry?

21 Q Was it obvious to you that Dr. Warren was an 

22 English-speaker?

23 A Yes.

24 Q And you barely spoke Spanish to him at all, 

25 right?

Case 4:18-cr-00223-RCC-DTF Document 315-1 Filed 08/26/19 Page 40 of 52
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1 A I did speak Spanish to him but it wasn't very 

2 much.

3 Q You told him things like, I want water?

4 MR. KUYKENDALL: I'm sorry, I meant for that to 

5 be in Spanish.

6 BY MR. KUYKENDALL:

7 Q You said to him, in Spanish, things like, I 

8 want water?

9 A Yes.

10 Q But otherwise, you and he did not have long 

11 conversations in Spanish, correct?

12 A Yes, neither in Spanish or in English, because 

13 I don't know much.

14 Q And that's the same for Jose, correct?

15 MS. WRIGHT: Objection, calls for hearsay.

16 THE WITNESS: Jose does not speak English.

17 BY MR. KUYKENDALL:

18 Q You speak better English than Jose?

19 A Not better, I just know some words.

20 Q You never discussed with Dr. Warren your plans 

21 to travel north, correct?

22 A Yes.

23 Q You never discussed with Dr. Warren your plans 

24 to seek asylum, correct?

25 A Yes.

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42

1 Q You never discussed with Dr. Warren what 

2 country you were from, correct?

3 A No.

4 Q Many people besides Dr. Warren were at the 

5 house where you were ultimately arrested, correct?

6 A Yes, people arrived, but I was outside, outside 

7 the house. When they did come in the house, it was just 

8 to get something and go back outside again.

9 Q And, likewise, you were inside the house and 

10 outside of the house sometimes, right?

11 A I only went out occasionally. 

12 Q But you were free to go in and out as you 

13 pleased, correct?

14 A No. Oh, wait. I would go out, throw away 

15 garbage and smoke out there.

16 Q You were never locked inside the house, were 

17 you?

18 A No.

19 Q No one ever told you, you may not leave the 

20 house, correct?

21 A Yes.

22 Q And you would go outside to smoke sometimes?

23 A Yes.

24 Q And sometimes you would go out and take garbage 

25 out; is that correct?

Case 4:18-cr-00223-RCC-DTF Document 315-1 Filed 08/26/19 Page 42 of 52
43

1 A Yeah, but the garbage depositories were right 

2 outside the door, yes.

3 Q Now, when you took the selfie that the 

4 prosecutor showed you a few minutes ago, there were other 

5 people besides you and Jose at the house at that time, 

6 right?

7 A Well, there were three there that, according to 

8 the picture, they were drinking something.

9 Q And it wasn't just those three that were there; 

10 throughout the time you were there, many people came and 

11 left, correct?

12 A I don't remember.

13 Q Well, you remember that there were people, 

14 right?

15 A When I was there, we were always in the room. 

16 You could hear people coming in, but we couldn't tell 

17 whether they were the same people.

18 Q You spoke with the Border Patrol the night you 

19 were arrested, right?

20 A Yes.

21 Q And you told the Border Patrol that night that 

22 there had been many people at the house besides you and 

23 Jose, right?

24 A No.

25 Q Are you denying having said that to the Border 

Case 4:18-cr-00223-RCC-DTF Document 315-1 Filed 08/26/19 Page 43 of 52
44

1 Patrol the night you were arrested?

2 A I don't recall having mentioned more people 

3 because that wasn't the subject and they didn't ask that.

4 Q Well, let me just ask you now, is it fair to 

5 say that there were more than three people, besides you 

6 and Jose, that came to that house over the three-day 

7 period that you were there?

8 A I don't know.

9 INTERPRETER: I’m not sure I translated that 

10 right, Mr. Kuykendall. Could you repeat that, 

11 please?

12 MR. KUYKENDALL: Thank you.

13 BY MR. KUYKENDALL:

14 Q You saw at least three people that were in the 

15 photograph that you took with your selfie, right?

16 A Yes.

17 Q And you believe that there were other people 

18 besides those three during the time that you were at that 

19 house?

20 A I truly don't know.

21 Q Well, you heard cars coming and going, right?

22 A I was always paying attention to my telephone 

23 and I wasn't paying attention.

24 Q You cooked for yourself at the house; is that 

25 right?

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45

1 A Yes, we were cooking a lot. Yes, with Jose, 

2 yes.

3 Q Jose and you cooked food for yourselves while 

4 you were at the house?

5 A Yes.

6 Q And, also, you poured yourself water while you 

7 were at the house, right?

8 A We would always ask.

9 Q But you might ask permission but then you got 

10 the water yourself, correct?

11 A I would always ask for water. I would always 

12 ask for permission.

13 Q You know how to get water yourself out of the 

14 tap, right?

15 A Yeah.

16 Q Okay, you know how to, and you did?

17 A Yes.

18 Q Did Dr. Warren ever give you a flashlight?

19 A No.

20 Q Did Dr. Warren ever give you a headlamp? 

21 A No.

22 Q Did Dr. Warren ever give you a map?

23 A No.

24 Q Did he wash your clothes?

25 A No.

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1 Q Did he give you a backpack?

2 A No.

3 Q Did he give you drugs?

4 A No.

5 Q And he didn't give you a beer?

6 A No.

7 Q Now, when you arrived at the house, a driver 

8 dropped you off; is that right?

9 A Yes.

10 Q And you and Jose walked inside the house and 

11 went into the bathroom, right?

12 A We didn't walk inside the house.

13 Q How did you get inside the bathroom?

14 A The door was open.

15 Q So when you walk up to the house, the bathroom 

16 is to your left and the main house is to your right, 

17 correct?

18 A The door to the house was on the right, and to 

19 the left, yes, was the bathroom.

20 Q And when you got to the house, you and Jose 

21 went into the bathroom, where the door was open, right?

22 A Yes.

23 Q And a few minutes later, Dr. Warren arrived, 

24 correct?

25 A Yes.

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1 Q Dr. Warren never drove you anywhere, did he?

2 A No.

3 Q He never gave you a dictionary or a phrase book 

4 to try to learn English, did he?

5 A No.

6 Q You barely spoke with Dr. Warren, right?

7 MS. WRIGHT: Objection. Asked and answered.

8 THE WITNESS: Yes.

9 BY MR. KUYKENDALL:

10 Q You know how to use a compass, right?

11 A Not real well, but yes.

12 Q And you know how to guide yourself by the 

13 starlight?

14 A By the stars, yes.

15 Q And you, with your smartphone, had looked at a 

16 map before you crossed?

17 A I had checked on the part that was Arizona, 

18 yes.

19 Q And your and Jose's plan was to continue 

20 walking towards Gila Bend and Phoenix, right?

21 A The plan was to get to the freeway that's 

22 called 8.

23 Q But that was your plan, your and Jose's plan, 

24 correct?

25 A Yes.

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48

1 Q Dr. Warren never offered to help you get to 

2 Interstate 8, did he?

3 A No, he never did.

4 Q Dr. Warren never told you to hide, did he?

5 A No.

6 Q One minute. 

7 That's all my questions. Thank you.

8 A You're welcome.

9 REDIRECT EXAMINATION

10 BY MS. WRIGHT:

11 Q Mr. Perez-Villanueva?

12 A Yes.

13 Q So you've testified that you were at this house 

14 for two nights, right?

15 A Yes.

16 Q And while you were at the house, you ate there 

17 and you slept there, right?

18 A Yes.

19 Q How many days were you there total?

20 A The day we got there, spent the first night, 

21 spent the following day, the next night came, and part of 

22 the third day, you could say, practically. 

23 Q Now, during the time that you were there, did 

24 you go out and buy your own food?

25 A No.

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1 Q Who provided the food?

2 A We asked the gentleman.

3 Q By "the gentleman," do you mean the defendant 

4 or someone else?

5 A The accused, yes.

6 Q You asked the defendant, and when you asked the 

7 defendant, did he bring you food?

8 A He took from what he already had. 

9 Q And did he give you permission to use it?

10 A He said, this is here; you can eat it.

11 Q And who provided you with the pots and pans for 

12 cooking?

13 A I asked and he said, here's this, and here's 

14 this.

15 Q And did he provide you with the oven that you 

16 used and the stove that you used?

17 A Just the stove.

18 Q Did he provide you with the water that you 

19 drank?

20 A Well, we took water from the faucet.

21 Q Did he give you permission to take that water?

22 A Yes, we did ask for permission.

23 Q And who provided you with the beds that you 

24 slept in?

25 A We asked him for permission.

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1 Q When you say "him," do you mean the 

2 defendant?

3 A Yes.

4 Q And same question about the blankets, who gave

5 you those?

6 A The accused did.

7 Q And who gave you access to a shower?

8 A I asked the accused for permission.

9 Q And prior to the hearing today, were you given 

10 questions from the defense to answer?

11 A Before the hearing?

12 Q Yes. Did your attorney, before the hearing 

13 today, give you any questions that the defense wanted you 

14 to answer?

15 A No.

16 Q And prior to today, did you sit down and speak 

17 with the lawyers, either Mr. Kuykendall or myself?

18 A No.

19 Q One last question, or hopefully one last 

20 question, sir, had you ever stayed at this house before?

21 A No.

22 Q No further questions. Thank you.

23 MS. WRIGHT: All right. So, Mr. Perez24 Villanueva, you are excused for today. Please keep 

25 in contact with your lawyer and let him know how he 

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1 can be in contact with you. 

2 THE WITNESS: Okay.

3 MS. WRIGHT: Do you agree to provide your 

4 attorney with the information so that he can know 

5 how to reach you in the future?

6 THE WITNESS: What do you mean?

7 MS. WRIGHT: Do you agree to give your 

8 information, your phone number, your address, to 

9 your attorney, in case he needs to contact you in 

10 the future?

11 THE WITNESS: Yes.

12 MS. WRIGHT: Okay. You are excused from the 

13 hearing today. Thank you. 

14 THE WITNESS: Will we be released, then, after 

15 this?

16 MS. WRIGHT: And that's a question you should 

17 ask your attorney, about how the rest of the day 

18 will go.

19 (Thereupon, the deposition concluded.)

20

21

22

23

24

25

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CERTIFICATE OF TRANSCRIPTION

STATE OF ARIZONA

COUNTY OF PIMA:

The above and foregoing transcript is a true and 

correct typed copy of the contents of the file, which was 

digitally recorded in the proceeding identified at the 

beginning of the transcript, to the best of my ability, 

knowledge and belief.

WITNESS my hand and official seal this 9th day of 

May, 2018.

Tracy Corey

Notary Public-State of Arizona

My commission #258973

Expires August 24, 2019

/s/ Tracy Corey 

Case 4:18-cr-00223-RCC-DTF Document 315-1 Filed 08/26/19 Page 52 of 52