TABLE OF CONTENTS. Appendix Page. Motion for Judgment filed January 20, 1996

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2 TABLE OF CONTENTS Appendix Page Motion for Judgment filed January 20, 1996 Excerpts from Transcript of Proceedings held before the Honorable Michael P. McWeeny held on May 2S, 1996 with Exhibits attached thereto Ann Ait Carlotta Jury Plaintifrs Exhibits - Photographs Exhibit 6A Exhibit 6D Exhibit 6E... Exhibit 6F Exhibit 6G Exhibit 6H S 80 Sl S2 S3 Exhibit 6J Exhibit SA 85 Exhibit SB Exhibit SD Exhibit SE... SS

3 TABLE OF CONTENTS CONTINUED. Appendix Page Plaintiff's Motion to Reconsider and Supporting Memorandum Final Order filed on August 27, Assignments of Error filed March 13,

4 VIRGINIA: IN THE CIRCUIT COURT FOR FAIRFAX COUNTY S5 JAH 2C P~ I: 35 CARLOTTA JURY v. Plaintiff, GIANT OF MARYLAND, INC. A MARYLAND CORPORATION T/A GIANT FOOD Serve: and ARTHUR BRIDCOTT David L. Hilton Reqistered Aqent 8303 Arlington Blvd Suite 102 Fairfax, VA Serve at: 7137 Columbia Pike Annandale, VA and JOHN DOE or at 2503 Monroe Street Herndon, VA ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ") ) ) ) ) ) ) ) ) KOTXOH FOR JUDGBJIBll'.r COMES NOW, the Plaintiff, Carlotta Jury, and in support of the Motion for Judqement filed herein respectfully represents unto the court as follows: COUNT I-ASSAULT AND BATTERY 1. Plaintiff, Carlotta Jury, is an individual, sui iuris, a resident of Fairfax county, Virqinia and at the time this cause of 1

5 action arose was the business invitee of the Defendant Giant Food, Inc., t/a Giant Food store (hereinafter "Giant"). 2. The Defendant, Giant, is a corporation organized and existing under the laws of the State of Maryland authorized to transact business in the Commonwealth of Virginia and at the time this cause of action arose was maintaining as its place of business a retail supermarket located at 7137 Columbia Pike, Annandale, Virginia in the county of Fairfax, Virginia. 3. on or about January 23, 1993 the Plaintiff Carlotta Jury entered Giant's retail supermarket at 7137 Columbia Pike to have a prescription filled and to obtain certain miscellaneous items of merchandise. 4. At all times relevant hereto, the Defendant Arthur Bridcott, was employed by Giant as a security guard or otherwise and at all times relevant hereto his actions as well as the actions of John Doe, who identified himself as the manager of the Giant store, were undertaken within the scope of their employment with Giant. 5. on January 23, 1993 Defendant Bridcott unlawfully and aggressively put his hands on the Plaintiff's person during the onset of his investigation and Bridcott proceeded to escalate his physical confrontation and unlawful touching by grabbing the Plaintiff and then knocking her to the floor. Bridcott s actions were undertaken knowingly and with willful wanton and reckless disregard for the personal safety and dignity of the Plaintiff. Bridcott s actions described above constitute an assault and battery.

6 6. A male individual who identified himself as the Store Manager of Giant participated in the escalating physical assault and battery which occurred on the Giant store premises. 7. As a direct and proximate result of Defendants aforementioned actions, the Plaintiff has suffered numerous and diverse personal injuries including physical and emotional pain and suffering, medical expenses and related damages. WHEREFORE, Plaintiff prays that Judgement be entered against the Defendants, jointly and severally, in the amount of $100, compensatory damages and $250, punitive damages with prejudgment interest thereon computed from the date of injury, January 23, 1993, on grounds of assault and battery. COUNT II-HEGLIGENCE The allegations set forth in paragraph 1-7 above are incorporated herein by reference. 8. Based upon the claim and assertion of Bridcott that the Plaintiff was a shoplifting suspect while on the Giant premises, the Defendant Bridcott and the store manaqer, who was acting in concert with Bridcott, had a duty to comply with those duties set forth in the anti-shopping lifting guide published by the Board of Trade, had a du~y to comply with those duties of the American Society for Industrial Security and had a duty to adhere to those duties of a certified protection professional and otherwise Defendants had a duty to refrain from acting unreasonably and a duty to refrain from using violent physical force when the suspect posed no risk of serious physical harm to them or to others. 9. Notwithstanding the aforementioned duties Defendant 3

7 Bridcott and John Doe, a male individual identifying himself as the manaqer of Giant, objectively acted unreasonably with respect to their interaction with the Plaintiff as is indicated in the followinq paraqraphs. 10. On January 23, 1993 Defendant Bridcott unreasonably and aqqressively used an undue amount of force durinq the course of carryinq out an investiqation on behalf of Giant and in so doinq Bridcott without just cause or excuse unreasonably first pulled on the Plaintiff and then proceeded to qrab and knock her to the floor by strikinq her in the chest. 11. Defendants had an affirmative duty to refrain from usinq excessive force in the course of investiqatinq Plaintiff's actions and in the course of interacting with the Plaintiff. The Defendants in using excessiv~ force failed to use reasonable care and otherwise violated the duties referenced above. 12. As a direct and proximate result of Defendants negliqent breach of the aforementioned duties the Plaintiff has suffered numerous and diverse personal injuries including physical and emotional pain and suffering, medical expenses and related damages. ~REFORE Plaintiff prays that Judgement be entered against the Defendants joint1y and severally in the amount of $100, compensatory damaqes with prejudgment interest computed thereon from the date of injury, January 23, 1993, on qrounds of neqligence. COUNT III The allegations of number paragraphs 1-12 are incorporated herein by reference.

8 13. Defendants Bridcott and John Doe, who identified himself. as the manaqer at Giant proceeded to physically and verbally accost the Plaintiff both in the store and later in the security office. These Defendants intentionally inflicted emotional distress upon the Plaintiff calling her "a fucking piq", refusinq to make the bathroom accessible and tellinq the Plaintiff: "I hope you shit your fucking pants and wallow in the shit you are. 11 As a direct and proximate result of the Defendants actions the Plaintiff has suffered numerous and diverse personal injury as well as immense mental pain sufferinq, shame, humiliation and embarrassment causing her to expend money for medical expenses. WHEREFORE, the Plaintiff prays that the.defendants be held. jointly and severally liable on grounds of the intentional infliction of mental and emotional distress and that Judqement be ente~ed against them in the amount of $100, ooo. oo compensatory damage and $250, in punitive damages with prejudgment interest computed thereon from the date of injury, January 23, 1993 on grounds of intentional infliction of mental and emotional distress. CARLOTTA JURY By counsel erry M. Phil ips counsel for he Plaintiff VSB# 9211 PHILLIPS, BECKWITH & HALL Judicial Drive Suite 100 Fairfax, Virginia (703) s

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10 1 VIRGINIA: CARLOTTA JURY, Plaintiff, vs. GIANT OF MARYLAND, Defendant. * Law No. Fairfax, Virginia Tuesday, May 28, The trial commenced at 10:02 o'clock, a.m. BEFORE: The Honorable Michael P. McWeeny, Judge. Reported by: Teresa L. Rowe P.O. BOX 495, FAIRFAX, VIRGINIA

11 2 APPEARANCES; FOR THE PLAINTIFF; Jerry Phillips, Esq., OF: PHILLIPS, BECKWITH & HALL Judicial Drive Suite 100 Fairfax, Virginia FOR THE DEFENDANT: Michael E. Reheuser, Esq. OF: JORDAN, COYNE & SAVITS Armstrong Street Fairfax, Virginia C 0 N T E N T S Opening Statement (Mr. Phillips) PAGE 4 Opening Statement (Mr. Reheuser). 26 Motion to Strike (Mr. Reheuser) 122 WITNESS: DIRECT CROSS REDIRECT Ann Ait Carlotta Jury Travis Sprouse Kacinta Jury 113 8

12 3 EXHIBIT Plaintiff's Plaintiff's Plaintiff's Plaintiff's Plaintiff's Plaintiff's Plaintiff's Plaintiff's Plaintiff's Plaintiff's Plaintiff's Plaintiff's Plaintiff's Plaintiff's Plaintiff's Plaintiff's Plaintiff's Plaintiff's Plaintiff's Plaintiff's Plaintif!'s E X H I B I T s FOR!DENT. Exhibit No. 6A 39 Exhibit No. 6D 39 Exhibit No. 6E 39 Exhibit No. 6F 39 Exhibit No. 6G 39 Exhibit No. 6H 39 Exhibit No. 6I 77 Exhibit No. 6J 39 Exhibit No. 7A Exhibit No. 7B Exhibit No. 7C Exhibit No. 7D Exhibit No. 7E Exhibit No. 7F Exhibit No. 7G Exhibit No. 7H Exhibit No. SA Exhibit No. SB Exhibit No. BC Exhibit No. SD Exhibit No. SE IN EVID

13 Testimony of Ann Ait I Direct 33 1 those facts as proven. No witnesses.will be called 2 to prove them. They will be, simply, raised again at 3 argument, at the appropriate time. 4 MR. PHILLIPS: Ann Ait. 5 Thereupon, 6 ANH AIT 7 was called as a witness, and after being previously 8 duly sworn by the Clerk, was examined and testified 9 a s follows: 10 DIRECT EXAMINATION 11 BY MR. PHILLIPS:.12 Q. Would you please state your name and 13 address? 14 A My name is Ann Ait -- A-i-t. My address 15 is 563 Florida Avenue, No. 103, Herndon, 16 Virginia, Q 18 A Mrs. Ait, what is your occupation? I'm tenant services coordinator for a 19 commerc.ial property management company. 20 Q 21 A 22 Q 23 A Is that located in Fairfax County? Yes, it is. And how do you know Carlotta Jury? Well, I met her first at church in about, 10

14 Testimony of Ann Ait I Direct 34 1 probably, '80 somewhere along there; 2 Q Which church is this? 3 A Assembly of God Church, in Springfield, 4 Virginia. 5 Q And in that regard, what is your capacity or 6 relationship with that church? 7 A Oh, I've been going there for a number of 8 years. 9 Q All right. 10 A Or I did until about six years ago when I 11 started going helping over at the church in 12 Herndon. I play the piano there. I taught a Sunday 13 School class and have affiliated with the church for 14 a long time. 15 Q During that period of time up to the 16 present, did you know Carlotta from that church? 17 A 18 Q 19 A 20. Q Yes. That's where I met her. Including the church in Herndon. Yes. Also there. She goes there. In addition to that, do you have a personal 21 relationship with Carlotta after meeting her at the 22 church? 23 A Yes, we do. We've been friends for a number 11

15 Testimony of Ann Ait I Direct 35 1 of years. She worked for me for pro~ably somewhere 2 between four and five years. At that time, my 3 husband and I owned a construction company, and he 4 died very suddenly in '83 and I kept the company 5 going for a number of years and Carlotta worked for 6 me in my home.. 7 Q In what capacity did she work for you in 8 your home? 9 A She did housework for me, took care of my 10 home, my personal belongings, anything I asked her to 11 do just about, run errands Q A Q Q What were her capacities in that regard? I'm sorry? Well, how well did she do that job? MR. REHEUSER: Objection. Relevance. THE COURT: BY MR. PHILLIPS: Sustained. All right. During that -- okay. 19 You knew her on January 23, 1993, did you 20 not? 21 A Yes, I did. 22 Q Okay. Did you have an occasion on Sunday, 23 following that date when an incident happened that 1Z

16 Testimony of Ann Ait I Direct 36 1 she described, to talk with her? A Q Yes. Okay. I not only talked with her, I saw her. Describe for me what she -- why she had contacted you, what she told you were the reasons she contacted you. MR. REHEUSER: Objection. Hearsay. THE COURT: MR. PHILLIPS: Your position, Mr. Phillips? Just for not the truth of what she says but only for the establishment of the fact that she spoke to her about the incident. degree. THE COURT: Go ahead., sir. BY MR. PHILLIPS: I will allow it to a limited Q Okay. What was the circumstance under which 15 she spoke to you? 16 A I spoke with her that morning. I saw her 17 come into the service. Her face was black and blue,. 18 and there were bruises on her arms, and she just 19 looked very emotionally disturbed. She was crying, 20 and said, "I've just --" -- after the service, I 21 spoke with her and she told me that there was an 22 incident at the Giant and that the security person 23 there had -- 13

17 Testimony of Ann Ait I Direct 1 MR. REHEUSER: (Interposing) Objection Hearsay. 3 THE COURT: Sustained. 4 BY MR. PHILLIPS: 5 Q Okay. Prior to that, had she spoken to you 6 about coming to church? her? A Q A I spoke with her on the phone that morning. And what was your advice that you gave to I told her to come to church, that's where 11 she needed to be, that people could help her. 12 Q And can you describe what -- as far as how 13 the bruises appeared to you, can you describe them 14 and the appearance of her person? What did she look 15 like? 16 A Well, I know that she had quite a large 17 bruise up around her forehead and eye area. And her 18 arms, she had some black bruises on her arms, and 19 they were -- the size of the bruises -- it was just 20 not just something that -- like she'd bumped into 21 something. They were very dark. 22 Q I am going to show you a series of 23 photographs which I have previously shown to counsel

18 Testimony of Ann Ait I Direct. -.~~ :~ 38 1 and they have been previously marked and identified 2 as 6A through -- well, 6A, 6D, F, G, H, J, and E, as 3 marked on the back. 4 And I am going to ask you, Mrs. Ait: Would 5 you please go through those photographs, each one of 6 those, and just look at those for a moment? 7 (Handing) 8 A (Witness examining) 9 Q Do those photographs demonstrate and show 10 the condition that you saw Carlotta Jury in on 11 Sunday, January 24th, 1993? 12 A Yes, they do. 13 MR. PHILLIPS: For identification purposes, 14 Your Honor, I would like to have these marked for 15 identification. They have, on the back, the 16 corresponding exhibit number that's in the exhibit 17 book that we have presented, and counsel has also 18 seen them and they correspond to the same numbers 19 that are in our exhibit book. 20 Can I have them so marked as they are all 21 marked on the back? THE COURT: Yes, sir. MR. PHILLIPS: Okay. They have been marked 1.5

19 Testimony of Ann Ait I Cross --~ 39 1 by hand, just with ink, on the back. 2 (Thereupon, the photographs 3 ref erred to above were marked 4 Plaintiff's Exhibit Nos. 6A, 6D, 5 6F, 6G, 6H, 6J and 6E, and received 6 for Identification.) 7 MR. PHILLIPS: I have no further questions, 8 Your Honor. 9 THE COURT: Cross examination? 10 MR. REHEUSER: Thank you. 11 CROSS EXAMINATION 12 BY MR. REHEUSER: 13 Q Good morning, Ms. Ait. 14 A Good morning. 15 Q How are you? 16 A Fine. 17 Q When was the first time that Mrs. Jury spoke 18 to you prior to that Sunday eervice about this 19 incident? 20. A That morning. That afternoon. 21 Q Did she tell you what had happened? 22 A Well, apparently it happened the day before, 23 I believe. Now it's been three years ago, but I'm 16

20 1 A I don't have a specific memory of that. 2 MR. REHEUSER: Thank you. I do not have any 3 other questions. 4 THE COURT: Any redirect? 5 MR. PHILLIPS: No, Your Honor. 6 THE COURT: Thank you, ma'am. You may step 7 down. 8 Is she subject to recall or can she be 9 excused? 10 MR. PHILLIPS: She is free to go, Your 11 Honor. 12 THE COURT: Thank you, ma'am. You can leave 13 if you wish. 14 MR. PHILLIPS: Thank you, Ms. Ait. 15 We would call Carlotta Jury. 16 Thereupon, 17 CARLOTTA JURY 18 was called as a witness, and after being previously 19 duly sworn by the Clerk, was examined and testified 20 as follows: 21 DIRECT EXAMINATION 22 BY MR. PHILLIPS: 23 Q Would you please state your name and 17 41

21 1 address? 42 2 A Carlotta Jury Hicate Court, Fairfax, 3 Virginia, Q And what is your age? 5 Sorry. I apologize that I have to ask you 6 this. 7 Would you please tell the jury your age, 8 please? 9 A I'm sorry? 10 Q Your age? 11 A I'm Q What is your occupation? 13 A I clean homes. 14 Q And on January 23, 1993, was that your 15 occupation? 16 A Yes. 17 Q As a house -- home cleaner? 18 A Yes. 19 Q On January 23, 1993, did you have an 20 occasion to go to the Giant Food, in Annandale, 21 Virginia? 22 A Yes, I did. 23 Q Okay. And did you -- what was the initial 18

22 1 reason that you went to the Giant Food, in Annandale, 2 Virginia? 3 A To take my niece, Sonja Leathers, to pick up 4 a prescription. 5 Q Okay. What time was that, that you went to 6 Giant Food? 7 A When was the first time that I went there? 8 Q (Nodding head) 9 A It was probably around -- I would say 4:60 10 o'clock -- 3:30, 4:00 o'clock. 11 Q Okay. And do you remember what the 12 prescription was for? 13 A 14 Q 15 A 16 Q 17 the store? It was cough medication. And this was for your niece? For my niece. Okay. 18 A Mine. In whose vehicle did you travel to 19 Q And who was in the automobile when you went 20 there? 21 A My niece Sonja, her son Kendall, and my two 22 children Kacinta and Saraya. 23 Q How many children do you have? 43

23 1 A Five Q And the two that were with you, Kacinta and 3 the other one --? 4 A 5 Q 6 7 A Saraya. Saraya. How old were they on January 23, 1993? Kacinta was ten -- almost ten and a half 8 and Saraya was three. 9 Q What happened when you went to the Giant the 10 first time? 11 A My niece went in and got her prescription, 12 and we left., and I proceeded to take her to Falls 13 Church, Virginia, to her fiance's house. 14 Q Okay. Did there come a time when you 15 learned that there was something wrong with the 16 prescription? 17 A Probably two blocks before we got to his 18 house, she said, "They gave me the wrong medication. 19 Will you take it back for me?" 20 So I said, "Well, I don't really want to go 21 back. But, yes, I will." Because she was sick. So I said, "Okay." 20

24 45 1 Q What happened to her and her son? 2 A They got out -- out of the car and stayed 3 with -- at her fiance's house -- his parents' home, 4 it was. 5 Q Okay. Did you travel back to the Giant? 6 A So my children and I went back to the Giant 7 Food store, in Annandale. 8 Q What type of car was this? 9 A Oldsmobile. 10 Q Do you know what year it wa~? 11 A Seventy-eight. 12 Q Two door or four door? 13 A Four door. 14 Q Okay. What happened -- where did you park 15 when you came to that location? 16.A I parked, like, right down in front where 17 the windows were at, because I knew I had to go 18 inside, and I parked the car where my kids would be 19 able to see me. 20 Q Did you go back inside with the 21 prescription? 22 A 23 Q Yes. What happened when you went back inside? 21.

25 1 A I went back inside and I took the 2 prescription back to the pharmacy and I told the 3 pharmacist I was bringing it back for Ms. Leathers 4 and that they had given her the wrong one. 5 A~d the pharmacist looked it up and she 6 said, "It's the r~ght one. That's what the doctor 7 called." 8 And I said, "Well, there's been a mistake 9 somewhere." 10 So she said, "Well, then you'll have to call 11 the doctor and have the doctor call back." 12 So I went outside and I called my niece and 13 told her what was going on and what should I do, and 14 she said she would call the doctor. So she called 15 the doctor and Q (Interposing) Where did you go after you 17 what did you go after you hung up the phone? A Q After I hung up the phone, I (Interposing) 20 phone located, that you used? By the way, where is this 21 A Outside of Giant. I had to go out of the 22 store and go outside. 23 Q Okay

26 1 A And it's located right there.on the kind 2 of like down on the wall of Giant. When you come out 3 the -- out the door and you walk down the sidewalk, 4 there's a phone. They have two phones right there. s Pay phones. 6 Q A pay phone. 7 A Yes. 8 Q All right. What happened after you used the 9 pay phone? 10 A I went back over to the car and I told my 11 daughter, "I have to go back inside and wait for the 12 prescription." I said, "It shouldn't be too long." 13 I said, "Probably five or ten minutes~ something like 14 that. 11 And I said, II If I'm going to be longer than 15 that, I'll come back up here to the window and so 16 watch for me because I'll wave to you And my daughter said, "Okay." 18 Q Okay. And A (Interposing) And I told her to keep the 20 doors locked, not to let anybody in, in which she 21 knows that anyway. If I was going in the store, she 22 would know never to open the door. 23 Q Okay. And so what did you do? (703)" I

27 48 1 A So I went back into the store. 2 Q Where did you go once you got into the 3 store? 4 A Back to the pharmacy. 5 Q Okay. Now when you first walk into the 6 store, can you describe for the ladies and gentleman 7 of the jury the layout of this? 8 A Well, you walk into the door I don't know 9 if I'm going to be very good at this, or not -- but 10 you walk through these doors that they automatically 11 open, and you walk in, and you go through, and you 12 kind of have to zig-zag back to the pharmacy. But 13 the office is there. And I went right straight that 14 way and right back to the pharmacy. (Indicating) 15 Q You walked by the off ice? 16 A Yes. 17 Q Okay. And straight _to the back of the 18 store? 19 A Yes. 20 Q Okay. And in the back of the store is where 21 the pharmacy is? 22 A 23 Q Yes. Okay. What happened when you went to there?

28 1 A And I told them that -- that the doctor was 2 supposed to call back with the right medication and 3 that I would wait for it. 4 And they said, "Well, it'll be a few 5 minutes." 6 Q Now previously when the prescription had 7 been picked up the first time, had it been paid for 8 then? 9 A Yes. My niece had paid for it when she went 10 in to get it. 11 Q So you were just returning it to get the 12 proper one.. 13 A Yes. 14 Q Okay. What did you do when they told you 15 they had to wait to make the prescription, or call 16 the doctor, or whatever? 17 A So I went over and sit down on the bench. 18 Q Okay. What type of bench is this? 19 A I guess you would call it it's like a 20 deacon bench, I think is what they're.called. I 21 don't know. Just a bench that you sit on. 22 Q And where was that located? 23 A Back by the pharmacy. Right there -- right 49 25

29 1 there near the pharmacy. 2 Q Okay. While you were sitting there, did you 3 notice anything that disturbed you? 4 A Well, I was just sitting there waiting and I 5 saw this gentleman come through the -- like he was 6 coming through the line, and I really wasn't paying 7 that much attention to him, but I -- you know how you 8 just look around? 9 And when he was coming through the line, and 10 he got close to me, he looked at me and he smiled. 11 And I thought, well, it's just a customer, you know, 12 being friendly. 13 So I didn't think anything of it then. And 14 he proceeded on through the line. I don't now if he 15 went up 16. Q (Interposing) When you say through the 17 line, do you mean the aisle? 18 A No. The prescription line. 19 Q I see. 20 A He was standing in the prescription line, 21 coming through that. 22 And I really didn't pay any attention to 23 him, because like I said, I thought he was just a so

30 1 customer coming through the line and just smiling, 2 because I know I've been in the store and you know 3 how you just smile and greet people. 4 And so I sat there a few more minutes and I 5 waited. And so I turned my head and I saw him 6 standing over by the super deal aisle. And I still 7 didn't really pay any attention because I thought, 8 well, he's a customer waiting for a prescription or 9 something. 10 And so a few minutes more went by and I 11 looked again and -- and so he was going like this 12 (indicating) at me, and I thought, oh,. my God. 13 I did like this (indicating) and said, he's 14 flirting with me -- I said this to myself. 15 And then I -- you know, I was trying to 16 ignore him, really. But you know, I guess, when you 17 know somebody's watching you you tend to look at them 18 anyway. 19 So I got up and there was a -- a ~isplay at 20 the end of one of the aisles. They had batteries and 21 hair ties and stuff. And so I got up and I was 22 looking at them. 23 And I got a pack of batteries, AA. And I

31 1 got some D batteries. 2 3 Q A What were -- why were you buying them? Because -- well, I was looking at the hair 4 barrettes and stuff because my little girl, she likes 5 headbands -- you know, that go across your head, and 6 the hair barrettes. She likes things like that. 7 And it was a good deal on them. They were 8 two for about $5. So I thought, well, I'll get some 9 of these. 10 And I needed batteries for my camera and 11 batteries for the flashlight. 12 Q. And so what did you do with those items? 13 A So I -- I went back and I sat down on the 14 bench again, after I retrieved them, and I sat there 15 and I had them in my hand. 16 And I looked back and the gentleman was 17 still standing over there by the super deal aisle, 18 and he -- he does another gesture, like that 19 (indicating), with his lips, and he winks at me. And 20 I thought, dear God, he's flirting with me. So I 21 just ignored him. 22 Q. 23 A And what were you wearing at that time? I'd say I probably had on jeans. (703) , ZS 52

32 1 Q Okay. 2 A And -- and a tee-shirt and a coat. 3 Q Okay. Excuse me for one second. 4 Can you identify this jacket here? s (Indicating) 6 A Yes. That's the coat I was wearing. 7 Q Okay. Mrs. Jury, would you mind standing up 8 for just a moment? 9 Is this the exact jacket that you had on? 10 A Yes. I think that's the -- I believe that's 11 the coat I was wearing Q A Okay. And what was your hairstyle that day? I had pulled it back in a -- in a barrette. 14 I had it up. It was pulled back -- like a little 15 kind of like a bun -- pulled that back and then I had 16 one of those headbands around it. (Indicating) 17 Q What happened to the items that you had that 18. you had picked up from the display? 19 A Well, I was sitting down on the bench with 20 them. I had them in.my hand. 21 Q Okay. And what did you do then? 22 A And I walked back up to the prescription 23 counter and asked them if the prescription was ready. 53

33 probably 4 minutes. And they said, "No." So I sat down again. That had been, it had already been like five or ten 5 6 Q A So you go up to the front? So I -- I went back up to the front to let 7 my daughter know that -- you know, I went like this 8 ~indicating), to let her know that I would be at 9 least five more minutes or so. 10 Q Where ~id you go? How did you get from the 11 back? Describe what you did. 12 A I.left the pharmacy counter and I walked 13 straight -- or maybe an aisle over -- cutting through 14 up to the front, and I went around the office, right 15 back down the aisle that you go, and went to the 16 windows there. They had the windows -- big, long 17 windows. 18 Q Okay. And when you cross over that, in that 19 area there, where they -- in front of the cash 20 registers, to get where you get did you have to go 21 through the checkout aisles? 22 A Well, if they hadn't been so crowded, I 23 guess if there was an empty one, I c ould have gone 30

34 . SS 1 that way. But I went around the office and I went 2 down through the front of the aisles. 3 Q Okay. And what did you do when you got to 4 the front? s A And I looked out the window to see if my 6 daughter was looking, and she was, and I went like 7 this (indicating), another few minutes. 8 Q Where were the items? Where were the items 9 that you had? 10 A Up against me. 11 Q Okay. How were you holding them? 12 A In my hand. I had them like this like 13 this. (Indicating) 14 Q And then what did you do? ls A And then I left there and I went back to the 16 back, back to the pharmacy. 17 Q Okay. How much tim~ would you say had 18 passed at that point? 19 A From the time that I got in there until 20 then? 21 Q 22 A Yes. Probably ten minutes. 23 Q Okay. The items that you had, were they in P.O. BOX 48S, FAIRFAX, VIRGINIA

35 1 your left arm, folded in your left arm? A Q A Left. 5 five or ten minutes. And how long did you stay in the back? It was probably another -- I don't know 6 Q Okay. And then what happened? What 7 occurred? 8 A So I went back up and I asked them if the 9 prescription was ready, and they said it would be 10 just a few minutes, and it was -- like, in a couple 11 of minutes, it was ready. 12 Q 13 A 14 Q 15 A Okay. Did they give you the prescription? I got the prescription. Did you have to pay anything? No. My niece had already paid for it. 16 Q Okay. Now did you want to buy anything else 17 before you left? 18 A Well, I was going to get the kids some ice 19 cream and some sodas. But I didn't want t~ get that 20 until I got ready to check out. 21 Q Okay. What did you do then? 22 A So then after I got the prescription and I 23 had my items, I started walking towards the front

36 57 1 And I was going back to the window to.tell my 2 daughter, you know, just another minute (indicating), 3 because I had to get the ice cream and go through the 4 line. And I had already been, like, longer than five 5 minutes when I told her five minutes. So I wanted to 6 let her know that, you know, I'll be there in just a 7 few minutes -- in a minute Q A Q A Now And so Go ahead. And so I was -- I had walked around the 12 office, like going towards the window, and right near 13 the 'register. I think it's the first registers. 14 It's like -- but it's not register number one, it's 15 register number two, and one is directly behind it. 16 And this gentleman approached me, the same. 17 gentleman that I had saw [sic] in the back. 18 Q What did he look like? 19 A He had on jeans and -- I don't remember what 20 kind of shirt -- and a leather -- like an old leather 21 jacket. And he had a goatee -- you know, like that 22 (indicating) I think they're called a goatee, with 23 a mustache and the beard and stuff. (703) ,

37 1 And so he kind of stuck his arm in mine, and 2 he said, "Come on and go with me." 3 And I just looked up at him, and I said, "I 4 don't know you." 5 And he said, "Come on." He says, "I want to 6 talk to you." 7 And I was thinking, you know, you were the 8 weirdo that was in the back. I was thinking this. 9 And I just pulled my arm from him, and I " 10 said, "I'm not going anywhere with you. I don't kn6w 11 you. And, you know, I'm not going with you." 12 And -- and so he said, "Come on." He said, 13 "I want to talk to you." 14 And I thought -- you know, what -- I said, 15 "What?" And I said, "No." 16 And I pulled away from him again. And when 17 I pulled away from him again then he hit me in the 18. chest and I fell back Q (Interposing) How did he hit you? 20 A I don't know. It wasn't with -- I don't 21 know how he hit me. He hit me with his hand -- you 22 know, open-hand -- fist I don't know. But he hit 23 me hard enough to knock me back -- back up in between 34 58

38 59 1 the registers, and I fell backwards, because it 2 knocked the breath out of me and I couldn't get up, 3 and 4 Q (Interposing) And you were actually sitting s down at that point? A I was laying down, not sitting down. Q And where exactly -- A (Interposing) When he hit me, I fell backwards, like that. Q (Indicating) And where were you laying? 11 A In between the registers. In between -- I 12 guess it would be two and three. 13 Q Okay. Now I'm going to walk over here and 14 ask you, in this regard, if this were the first row 15 where the checkout aisle is and you're facing the 16 front of the store, which end would you have been a t? 17 Down here or down there? Closest to this end or 18 closest to that end? (Indicating) 19 A Meaning, this is the way out? Is that what 20 you're saying? (Indicating) 21 Q 22 store. 23 A If you're in the parking lot f~cing All right. the 35

39 60 1 Q And if I'm over here and let's suppose this 2 is the last counter and the first counter is over 3 there, approximately where would you have been in 4 reference to the last row? s Like, if this is row 17 or 18, whatever it 6 is, where would you have been in reference to 7 where -- 8 A (Interposing) If you're down at 9 number Q Yes. 11 A -- I would have been way down here. 12 (Indicating) 13 Q Okay. Now where is the exit to go out? 14 A The exit is, like, rig.ht by number seven, 15 kind of seven Q So it would be A seven, eight. Seven, eight. 18 Q And where he knocked you down would have 19 been over here, like at number one? (Indicating) ' 20 A Yes. 21 Q And number seven would be where the door approximately where the door is. 23 A Yes. 36

40 61 1 Q Okay. And is there a window right her-e 2 where I'm standing? (Indicating) 3 A At number -- 4 Q Is there a window? 5 A At number one? 6 Q Yes. 7 A No. 8 Q Where does the window start where you can 9 look outside? 10 A Probably, I think it's down by seven seven or eight. I would say -- yes -- past that. 12 Seven or eight. 13 Q What happened when you found yourself laying 14 on the floor at -- and this would have been in 15 register counter -- between one and two, is that 16 correct? 17 A Between two and three. 18 Q All right. 19 A Because one is directly behind two, I guess 20 it is. 21 Q okay. Would it be the first aisle? 22 A I mean, I forget how the numbers go. But, 23 anyway, it's a register right behind -- directly 37

41 1 behind the first one Q 3 through? 4 A Okay. Yes. Is that the first one you can walk 5 Q 6 A Okay. I think so. Is it the express checkout? 7 Q 8 A What happened when you were laying there? Well, I was trying to, you know, catch my 9 breath, because he had knocked the breath out of me, 10 and the next thing I know, he's leaning over me 11 trying to jerk me up. 12 And I told him, "Wait a minute." I said, 13 "I'll get up. Just give me a minute Q Did he ever, at that point, tell you or give 15 you a reason of why he was trying to -- or what he 16 had knocked you back for A (Interposing) No. 18 Q -- or why he did this? 19 A No. 20 Q Did he ever make any accusation about it and 21 say that you were taking anything or didn't pay for 22 anything? 23 A No. (703) I

42 63 1 Q Okay. What were the items that you were 2 carrying? 3 A 4 Q 5 A 6 Q 7 A 8 Q They went all over the floor. Okay. And what would that have been? Just the batteries and the hair ties. What happened to the prescription? That, fell on the floor, too. Okay. Now that wasn't -- you were holding 9 that as well, were you not? 10 A Yes. Because as I was coming around the 11 office, going towards the front, I had the items the batteries and the hair ties -- up against me, and 13 I had the prescription bag in my left hand and I 14 reached in the bag with my right hand, pulling the 15 prescription out to look to see if it was the right 16 prescription 17 Q Okay. 18 A that my niece had told me. And it was. 19 So I put it back in the bag. And by that time, he 20 came up -- that's when he came up on me and put his 21 arm in mine. 22 Q Now you said that you were trying to tell 23 him you wanted to get up on your own. 39

43 1 What happened then? 64 2 A He didn't want to give me time to get up. 3 He just kept jerking on my arm. 4 And I said, "Just give me a minute. You 5 knocked the breath out of me. I have to get myself 6 together Somebody was right there and said, "Just 8 give her a second." Mr Q MR. REHEUSER: Objection. THE COURT: Sustained. BY MR. PHILLIPS: Di.d you see this person here (indicating Parker), seated at counsel table, at all? A Did I see him? Q This gentleman here. Yes. A Yes. Q Okay. And it was Mr. Parker Mr. A Q Parker? Yes. When is the first time that you saw 21 A When the -- when him and the security guard 22 were helping to get me up off the floor. 23 Q Okay. How did they get you up off the

44 65 1 floor? 2 A The security guard just jerked on me, pulled 3 me up. I was trying to get up on my own, but he just 4 started pulling on me, jerking me up. And then 5 Mr. Parker, he was right there. 6 Q 7 A 8 Q 9 A 10 Q 11 A 12 Q 13 A 14 Q Did he try to put anything on you? No. Handcuff you? No. They didn't do anything at that point (Interposing) No. -- other than help you get up. That's right. And then what happened? 15 A And then Mr. Bridcott -- the security 16 guard -- he said, "I want to talk to you. Let's go 17 in the back room." 1 8 Q Okay. Did you know who he was? Did you 19 know that that was his name at that point? 20 A 21 Q 22 A 23 Q No. Did you know he was a security guard? No. Okay. Prior to him knocking you on the

45 66 1 floor, had he identified himself in any way A (Interposing) No. 3 Q showing you any identification or 4 anything? 5 A Not a thing. 6 Q Okay. All right. Did you agree to go back 7 to the back with them? 8 A Yes. I did. 9 Q Okay. And what happened? How did they take 10 you? 11 A So then I told him, "I'll go back there." I 12 said, "You didn't have to treat me like that and 13 knock me to the floor.". 14 And he didn't say anything. He just kind of 15 twisted my arm behind my back and kind of was shoving 16 me. But I was walking. But he was still shoving. 17 Q What happened? They took you to the very 18 back of the store? 19 A 20 Q 21 A 22 stock. 23 Q Yes. Where in the back? Back in the -- I guess where they keep the Okay. And what happened there?

46 67 1 A And then when I -- they got ~e back there 2 and through the doors, one of them kicked me in the 3 back of the leg, knocked me to the floor. My knees 4 buck- -- my knees buckled and I fell to the floor. s They banged my head on the floor. 6 There was a big pile of dirt there where 7 they you know, they were like scrounging my face 8 down in it. I had dirt and stuff -- debris all in 9 my face and in my mouth. And, you know, I just 10 kept -- wanted to know what's going -- what's what's wrong with you all, you know. I I've never 12 seen any~ody act like that. 13 Q And did they say anything to you? 14 A And -- no. They were just saying, "Shut 15 up." 16 You know? 17 "You're a thief." 18 You know? 19 "We're taking care of this and we're going 20 to take care of you." And I s~id, "My God." I said, "Let me up." And they just, you know, didn't. So then I was trying to get up and I was (703) ,

47 68 1 trying to get up from them pushing my face down in 2 the dirt on the floor. I had dirt and stuff in my 3 mouth and I spit, and when I did, I spit on 4 Mr. Bridcott. And -- but it was like when I went to 5 spit he was leaning over just as I was spitting, to 6 say something to me, I think, and I I spit -- I 7 spit on him. 8 And I told him I was sorry. I said, "I 9 didn't really mean to spit on you." 10 And I asked him to forgive me. 11 Q And what did he do? 12 A And he drew back t~ hit me. (Indicating) 13 And he said, "F---ing b-i-t-c-h." 14 Like he was going to hit me when I did it. 15 But I said, "I'm sorry." 16 Q Okay. Now spell the word that he -- well, 17 what did he say? What did he call you? 18 A You want me to say it? Or just -- can I 19 spell it? 20 Q 21 A 22 Q 23 A Go ahead and spell it. F-u-c-k. And what was the other word? I-n-g.

48 69 1 Q And what else? A Q A Q A B-i-t-c-h. Okay. And what did you say to him? And I said, "Why are you doing this to me?" Okay. And then what occurred? Then they -- he just kept being mean and 7 abusive to me. And the manager was saying stuff to 8 ~e. 9 Q Do you mean Mr. Parker? 10 A Yes. 11 Q What? What did he say to you? 12 A He. kept calling me a f---ing pig. 13 F-u-c-k-i-n-g pig. 14 He said, "You're trash. You're dirt." 15 And when I was on the floor he picked me up 16 by my hair. And he didn't pick me all the way up o f f the floor by my hair, but he picked me up like my heels would come up off the floor 19 could feel my hair breaking off Q A And did any of your hair come out? Yes. A lot of my hair did. well, and I 22 Q Did -- where was Mr. Bridcott? What was he 23 doing?

49 70 1 A He was just yelling at me. 2 Q Okay. Did they ever tell you, back there, 3 what they were accusing you of? 4 A No. I didn't know anything. I just know 5 that I went -- when I got back between those doors, I 6 was kicked in the back of the leg, my knees buckled, 7 and they started roughing me up. 8 Q Okay. Did you ask 9 10 A Q {Interposing) And the manager Did you ask them for any he~p? 11 A And I said, "Stop. Why are you all doing 12 this?" 13 And the manager just stomped on my foot and, 14 you know, just twisted it like he was trying to grind 15 it or mash it into the floor, or something. 16 And I said, "What's wrong with you?" 17 And by this time they had handcuffed me. is I -- I -- I had handcuffs on. 19 Q Okay. Did you ask them for any help or tell 20 them, you know, why you were there? 21 A I said, "Why are you all doing this?" 22 And they said, "You know. You know." 23 And I said, "No, I don't know. Tell me.

50 71 1 What's going on?" 2 Q Okay. Did you tell them about your 3 children? 4 A Yes, I did. 5 Q And when was that and where was that? 6 A I told them when we were back there. 7 I said, "My children are in the car." I 8 said, "I need to get my children out of the car 9 you know, because they'll be worried where I am, 10 what's going on." 11 And they said, "Well, we'll take care of 12 that or Social Services will. Don't worry about it. 13 We'll take care of it." 14 Q Did they give you the opportunity to go out 15 and tell the children A (Interposing) No. 17 Q -- what had occurred? 18 A No. 19 Q Did you ask? 20 A I asked if somebody would go tell them, to 21 get my chil"dren out of the car because I -- it was 22 getting dark and I'm sure they were afraid, my 23 daughter was wondering where her mother was.

51 1 Q 2 A How long were you held back there? A long time. An hour: 3 Q How long -- when the police officer came, 4 what happened? 5.A The police officer, he didn't really say 72 6 anything to me, just wanted to know my name and 7 that's -- that's about it. 8 Q Were you crying? 9 A Yes. 10 Q Okay. During that time you were back there, 11 did you ever ask to use the restroom? 12 A.Yes, I did. 13 And Mr. Parker said, "Uh, use th~ restroom?" 14 He said -- do you want me to say what he 15 said? 16 Q No. You can just describe A He said, "Go ahead and s-h-i-t in your pants 18 and wallow in the filth that you are." 19 Q 20 purse? 21 A 22 Q 23 A Okay. Yes, they did. Okay. And I had -- Did they start going through your (703) I

52 1 Q (Interposing) What happened? What did they 2 look for in your purse? 3 A I guess they were looking in my purse to see 4 if MR. REHEUSER: Objection. Speculation. THE COURT: BY MR. PHILLIPS: Sustained. 8 Q What did they do? Just describe what they 9 did. 10 A They took out a -- a bottle of Mylanta pills 11 that I had, and said, "Well, I don't know. Maybe she 12 took this." 13 And I had some hand lotion in there, and 14 they said, "Well she could have took this, too, but 15 these are Giant items, so -- we didn't see her, so 16 we'll let you keep these. We won't accuse you of 17 this." 18 And Mr. Parker said, "Well, what did she 19 have, anyway?" 20 And Mr. Bridcott said, "She had these 21 batteries and th~se hair ties." 22 "Ha. 11 He goes, "Ha. Batteries? What are 23 they for? Your vibrator? So you can f-u-c-k 73

53 74 1 yourself?" 2 He said, "This is what you need." 3 And he grabbed his crotch and shook them at 4 me. 5 Q And did you ever ask to be released or 6 relieved -- I mean, to be let go? Did you ask them 7 to let you go? 8 A No. 9 Mr. Bridcott told me, "You go ahead and tell 10 us about this and we'll go ahead and just write up a 11 paper and you don't come back in the store any more 12 and we'll let you go." 13 I said, "I haven't done anything so I'm not 14 writing and I'm not saying anything." 15 Q All right. Were you ever given the chance 16 to go to the children? 17 A No. 18 Q Now when the police came, did they take you 19 out? 20 A Yes. 21 Q Did you tell the officer that there were 22 children in the car? 23 A Yes, I did. {703) ,

54 Q And nothing happened. 2 A I don't know if I told him right then 3 because I was so upset and distraught. I I don't 4 remember. I was just really very upset, how I'd been 5 treated and everything. 6 Q Now let me show you some pictures. Let me 7 show you what has been marked as 6A. (Handing) 8 What does 6A show? 9 A (Witness examining) It shows my eye. The 10 side of my face is bruised. 11 Q 12 A 13 Q 14 A When was that photograph taken? It was taken a few days after the incident. And who took these? My son. 15 Q Whose injuries are shown in that photograph? 16 How.did they come about? 17 A From Giant personnel. Mr. Bridcott and 18 Mr. Parker. 19 Q 20 A 21 Q A Not from any other means. No. Okay. Let me show you, now, 6D. What does that show? (Witness examining) (Handing) That's a picture of my

55 1 foot where he stomped on my foot. Mr. Parker.. 2 Q Were all of these photographs taken at the 3 same time? 4 A Yes. 5 Q And what does 6E show? (Handing) 76 6 A (Witness examining) That's the back of my 7 1eg where I was kicked in the back of the leg and -- 8 and my knee and my knee injury. 9 Q Okay. 6F. What does that indicate? 10 (Handing) 11 A (Witness examining) That, shows a picture 12 of all the bruises up and down my arms and my 13 forehead and my face and.my chest. 14 Q Okay. 6G. What does that show? (Handing) 15 A (Witness examining) That, shows my chest 16 and my forehead. 17 Q And who caused all of those bruises? 18 A Mr. Bridcott and Mr. Parker. 19 Q And what about 6H? (Handing) 20 A (Witness examining) It shows pictures of my 21 arms, the bruises up and down my arms and my chest. 22 Q 23 A And what about 6I? (Witness examining) (Handing) Shows my forehead and

56 1 the side of my face. 2 Q Who caused that? 3 A Mr. Bridcott.and Mr. Parker. 4 Q And 6J? (Handing) 5 A (Witness examining) My forehead and my 6 neck. 7 MR. PHILLIPS: I would like to introduce 8 these photographs into evidence, Your Honor. She has 9 identified them as the condition that depicted her 10 from the occurrence. 11 THE COURT: Any objection? 12 MR. REHEUSER: None other than the one I 13 raised before, Your Honor. 14 THE COURT: All right. They will be 15 received. 16 (Thereupon, a photograph was marked 17 Plaintiff's Exhibit No. 6I for 18 identification, and photographs 19. referred to above, marked 20 Plaintiff's Exhibit 21 Nos. 6A, 6D, 6E, 6F, 6G, 6H, 6I 22 and 6J, were received into 23 Evidence.) (703) ,

57 Q MR. PHILLIPS: THE COURT: May I hand them to the jury? You may. (Thereupon, the photographs ref erred to above were published to the jury.) BY MR. PHILLIPS: Ms. Jury, you were taken from there to the 8 Fairfax County Adult Detention Center? 9 A I was taken to 10 Q the jail? 11 A Mason District, I think. 12 Q Mason District? 13 A I don't know. 14 Q The police station? 15 A I don't remember. I was taken to jail. I 16 was so upset. 17 Q 18 A 19 Q Okay. Yes. Okay. Were you released that night? Later on that night. How did you feel as a result of what 20 happened on January 23 at Giant Food? 21 A I can't hardly even explain how I felt. I 22 was so upset. All -- all of what I had gone through 23 emotionally and physically and

58 1 Q 2 A 3 Q 4 A 5 Q Q (Interposing) Did it cause you to was embarrassed. Did it cause you distress? Yes. I was very distressed about it. Was it severe? MR. REHEUSER: THE WITNESS: THE COURT: BY MR. PHILLIPS: Objection. Yes. Sustained. What was the extent of it-in terms of MR. REHEUSER: THE COURT: MR. REHEUSER: Objection. Overruled. Sorry, Your Honor. 14 THE WITNESS: I wasn't able to sleep. I was 15 embarrassed. I had been humiliated, degraded. 16 BY MR. PHILLIPS: 17 Q Now do you normally attend religious 18 services? 19 A Yes, I do. 20 Q And were you intending to attend services 21 the next day? 22 A 23 Q No, I wasn't. Why not? 55 79

59 A Because I was too upset. I felt bad. My 2 whole body ached all over. And I was just -- I just 3 felt so humiliated. I -- I was too upset to go Q A Q A Now did you speak to Mrs. Ait? Yes, I did. The next morning? Yes, I did. 8 Q Okay. 9 happened? Did you describe for her what had 10 A I called and told her I wasn't coming to 11 church because that was a normal 12 Q {Interposing) How often do you attend 13 church? 14 A Every Wednesday, every Sunday and any other 15 time anything is going on. 16 Q 17 A Q 19 A Okay. What church is this? Assembly of God Church. Where is that located? In Herndon. 20 Q 21 decision to come anyway? 22 A 23 Q After speaking with her, did you make a Yes. Did Mrs. Ait see the condition that you were 56

60 81 1 in? 2 A Yes. 3 Q Okay. And you described for her what had 4 happened. 5 A Yes. 6 Q Okay. When you went home that evening, did 7 your son see you? 8 A Yes. 9 Q Okay. And which son would that be? 10 A Travis. 11 Q What is his age? 12 A He's Q He would have been 15 then? 14 A Yes. 15 Q Okay. And he's the one who took those 16 photographs? 17 A Yes. 18 Q Okay. And what about -- where was your 19 daughter Kacinta, who was in the car? 20 A What happened to her? 21 Q Yes. When did you next see her? Did you 22 see her that night? 23 A When I -- when they got me to the police

61 82 1 station I asked them to please let me make a phone 2 call. 3 I said, "Because my children were at the 4 Giant in the car and I said the Giant people told me 5 that they would get them, I want to make sure that 6 somebody got them." 7 And so they told me, "Well~ you can make a 8 phone call when we tell you you can make a phone 9 call." 10 So I didn't make a phone call for, 11 probably it was over an hour. Every time somebody 12 would co~e by, I would say, "Let me use the phone." 13 So, finally, one of the jailers came by and 14 he let me use the phone. 15 Q 16 A Did you later see your daughter? Yes. Late. Late. 17 Q 18 in? Okay. Did she see the condition you were 19 A 20 Q Yes. And your other daughter was only three at 21 the time. 22 A 23 Q Yes. Is she still wearing diapers? (703) ,

62 83 1 A 2 Q 3 A 4 Q 5 A Is she wearing -- no, no. Was she then? Yes, she was wearing diapers. And she is six now. Yes. 6 Q 7 sorry A Q And Kacinta is I mean -- I'm She's 13. She's going to be 14. And was she present here? 10 court this morning with you? 11 A Yes. She was here in 12 Q 13 A 14 Q 15 home A And your son. Yes. And the other children do not live at (Interposing) No. 17 Q A 20 Q -- is that correct? Except for Travis. Just Travis. As a result of these feelings that you had, 21 did you do anything to seek any treatment for that? 22 A 23 Q What kind of treatment? Did you go to the hospital, to a doctor, {703) ,

63 84 1 or 2 A 3 Q 4 A 5 Q 6 A 7 Q 8 A 9 Q 10 A 11 Q there A (Interposing) I went to the hospital, yes. When did you go to the hospital? After I got out of service, that evening. Okay. And. what hospital did you go to? Fairfax Hospital. To the emergency room? Yes. Did they treat you there? Yes, they did. Okay. And describe what they did for. you - - not what they told you, just what they did. What type of treatment did they give you? They took x-rays. They put a bandage on my 15 knee. They put a collar around my neck. They gave 16 me medication. The looked over my whole body. 17 Q How long did you stay at the hospital? 18 A I was there, probably well, it seemed 19 like forever. Like it was the next morning when I 20 got out. 21 Q 22 A Did they refer you to treatment for that? Yes. 23 orthopedic doctor. They told me that I should see an 60

64 Q Okay. And how long did the pain last from 2 this occurrence, the physical pain as well as the 3 mental pain that you felt from this occurrence? A Q A A couple of months. You s~ill went back to work? Yes, I still went to work. A little over a month. I had to work. 7 Q Okay. Your job then, now, is home cleaning? 8 A Yes. 9 Q I am going to show you some other 10 photographs -- I will show counsel first. I believe 11 he has seen these. 12 (Thereupon, counsel for the 13 defendant reviewed the photographs 14 referred to above.) 15 MR. PHILLIPS: Your Honor, for expediency, 16 these have been pre-marked on the back and have been 17 shown to counsel and he has seen these, so I am going l~ to approach the witness. 19 May I do that? 20 THE COURT: Yes, sir. 21 MR. PHILLIPS: And, again, same as the other 22 exhibits, the numbers correspond on the back to what 23 they were previously identified as. 61

65 86 1 BY MR. PHILLIPS: 2 Q I am going to show you 7A and ask if you can 3 identify what the photograph 7A shows. {Handing) 4 A {Witness examining) The outside of the 5 store. 6 Q Is that the parking lot? 7 A And the parking lot -- part of the parking 8 lot. 9 Q It shows a car parked there. 10 Is that approximately the position your car 11 was parked that night? 12 A Yes. 13 Q Okay. Is that.the reason that photograph 14 was taken? 15 A 16 Q 17 A Yes. It was taken at nighttime. Yes. 18 Q Does that accurately show -- it's not a good 19 photograph, but does it accurately show what the 20 outside of the store looked like and where your car 21 was parked1 22 A 23 Yes. MR. PHILLIPS: All right. That's 7A. 6Z

66 1 Is there any objection to any of these 2 photographs? 87 3 MR. REHEUSER: I have no objection if that's 4 what she said they are, Your Honor. 5 THE COURT: All right. 6 MR. PHILLIPS: I'll put them over there. 7 THE COURT: I'll assume that's a motion for 8 entry 9 MR. PHILLIPS: Yes, Your Honor. 10 THE COURT: and they will be received in 11 evidence. 7A. 12 (Thereupon, the photograph referred 13 to above, marked P~aintiff's 14 Exhibit No. 7A, was received into 15 Evidence.) 16 BY MR. PHILLIPS: 17 Q And 7B. What does that show? (Handing) 18 A (Witness examining) That's the outside of 19 the sto~e, the walkway. 20 Q 21 A 22 Q 23 A Okay. The front of the store. And the same with 7C? (Witness examining) Yes. (Handing) (703 ) I

67 88 1 Q And D and E and F? Do they all show the 2 outside of the store before going into it? (Handing) 3 A (Witness examining) Yes. 4 Q So 7A though 7E show the outside of the 5 store, would that be correct? 6 A Yes. 7 Q All right. That's how it looked on that 8 day, January 23, is that correct? 9 A Yes. 10 Q Okay. And whose direction did you have the 11 photographs -- did that you requested the photographs 12 be taken? [sic] A Q Who took the photographs? My son. Okay. And now I will show you what has been 16 marked 7G and ask you: Can you identify that? What 17 does that show? (Handing) 18 A (Witness examining) It shows where the near where the beginning of the exit door is. It 20 looks like it's by the register number six, but it's 21 really by number seven. 2 2 Q 23 A That's the exit. Yes.

68 89 1 Q Across from six or seven, in this 2 photograph. 3 A No, it's not six. It is definitely seven. 4 Q Okay. And that's why the photograph was 5 taken, to show where the exit was? 6 A 7 Q 8 counters? 9 A Yes. 10 Q Before you pass on. 11 A Yes. Only this is from the other side of the Yes. 12 Q Okay. And what about what is 7H? 13 (Handing) 14 A (Witness examining) This is the office. 15 This is part of the office. And this is where 16 where I got knocked down through the aisle. 17 (Indicating) 18 Q Okay. 19 A About right here, on the other side of that. 20 (Indicating) 21 Q Okay. Does 7H, then, show the.place where 22 you were knocked down? 23 A Right. 65

69 Q I am going to hand -- 2 A (Interposing) Well, here. (Witness 3 examining) 4 This is part of the office right here. s Cinaicating) 6 Q Okay. To the right of 7H is the office? 7 A Yes. 8 Q And that's where aisle -- aisle -- register 9 one is. 10 A No. This is -- it's like you -- the cashier 11 is not here, on this side. The cashier is over here. 12 (Indicating) 13 Q Okay. That's shown in the ph~tograph~ 14 A Yes. 15 MR: PHILLIPS: I would like these marked and 16 published to the jury. 17 BY MR. PHILLIPS: 18 Q Now there's some THE COURT: (Interposing) Excuse me. Any objection to 7B through 7H? MR. REHEUSER: THE COURT: No, sir. They are received in evidence. (Thereupon, the photographs 66

70 Q 7 (Handing) referred to above, marked Plaintiff's Exhibit Nos. 7B through 7H, were received into Evidence.) BY MR. PHILLIPS: Would you now look at BA, B, C, D and B? 8 What do these show? 9 A 10 Q 11 (Witness examining) Let's start with A. What does that one show? 12 A 13 Q 14 Is that It's the door to the -- to the back. Is that the back room where they took you? the door you went through? 15 A I don't know -- this is a door -- because my 16 son took those pictures. 17 Q Okay. Let's put that aside then. 18 A And this -- it might have been the door. 19 don't remember a door like that. 20 Q Does this door look like the door you went 21 through? 22 A I thought I went through double doors. I 23 think that's something else..67 I

71 1 2 Q A Okay. What about B? What does that show? (Witness examining) That, shows back there 3 in the back room, or stockroom, whatever they keep 4 back there. 5 Q Does SB look like it looked like -- the same 6 condition it was in -- 7 s 9 10 A Q A Q (Interposing) Yes. -- when you were there on January 23 - (Interposing) -- of 1993? Yes. 11 Does that accurately show what it looked 12 like to you on that day? 13 A Yes. 14 Q Okay. And that's SB. 15 Now I'm going to show you SC and ask you: 16 What does SC show? 17 A (Witness examining) That, just shows all ls the merchandise back there, how everything is just 19 piled up back there. 20 Q Okay. And then SD? 21 A (Witness examining) This, is the floor 22 where they banged my head at, and slammed me to the 23 floor, where they had the pile of dirt swept up, and (703) , SO P.O. BOX 4S5, FAIRFAX, VIRGINIA

72 93 1 they pushed my face in the dirt. 2 Q And that's SB. 3 A Yes. 4 Q Does that photograph accurately demonstrate s that? 6 A Yes. 7 Q What it looked like? 8 A Yes. 9 Q Okay. And SE. What is SE? (Handing) 10 A (Witness examining) That's just a picture 11 of the area back there where I was. 12 MR. PHILLIPS: Okay. Your Honor, I will 13 move into evidence SB through E, leaving the door 14 until it is further identified by someone else just 15 for identification purposes. But I would like to 16 move in SB through E. 17 ls THE COURT: MR. REHEUSER: THE COURT: Any objection? No, sir. Then SB through SE are received. {Thereupon, the photographs referred to above, marked Plaintiff's Exhibit Nos. SB through SE, were received into (703) , SO P.O. BOX 4SS, FAIRFAX, VIRGINIA

73 1 Evidence.) 94 2 BY MR. PHILLIPS: 3 Q Okay. Carlotta, I know this might be 4 step over to this blackboard here just for one moment 5 and I'm going to ask you, if you can, take one of 6 these magic markers and try to just diagram the 7 location of -- of the aisle where it happened -- that 8 is, in reference to the exit. 9 (Thereupon, the witness approached 10 the drawing board.) 11 THE COURT: Mr. Phillips? Before you do 12 that, can you just make sure that those markers are 13 the erasable ones. 14 MR. PHILLIPS: Yes. 15 THE COURT: We had to sand-blast one of 16 those. 17 MR. PHILLIPS: Oh. Okay. 18 MS. CONNELL: (Juror No. 8) Does it say 19 dry-erase? MR. PHILLIPS: MS. CONNELL: THE COURT: It says dry-erase. That's right. All right. That's the one. THE WITNESS: Do you want me to draw --

74 Q 5 A 6 Q 7 A MR. PHILLIPS: (Interposing) Yes. THE WITNESS: BY MR. PHILLIPS: a picture? I would like you to draw a diagram, yes. Of how I entered the store, or what? Yes. Or just where the incident happened? 8 Q Where the incident happened. Just the front 9 part of the store, if you could just draw the aisles, " 10 to the best of your recollection. 11 A (Drawing) That's the office. And then Q You will have to speak up. 13 A I'm -- I'm thinking to myself. 14 Q Oh. Okay. I'm sorry. 15 A (Drawing) That's for entrance. Okay? 16 (Indicating) 17 Q 18 A 19 Q 20 Okay. {Drawing) Okay. Okay. 21 what that shows. If you will step to the right here. Now describe what you've drawn here, 22 A This is the entrance that you go in -- the 23 doors that you go in to get into the store. And when 95

75 96 1 you get into the store the office is, like, over to 2 your left. Over by the office there's the cashier -- 3 you know, with the cashier -- here's the cashiers -- 4 all the way down to there. And the exit door is down 5 by, like, number seven register. (Indicating) 6 Q How many registers, total, are there in this 7 store? 8 A I don't know. Probably -- maybe maybe 17, something like that. I don't 10 remember the exact number. It's a lot of them down 11 through there. 12 This is the outside glass that they have, to 13 look outside the windows where they put all the flyers in the windows. Q A (Indicating) As I -- I was in the back. That's the pharmacy. Okay. (Drawing) (Indicating) Okay. I had been back there. I left the 19 pharmacy and I proceeded to come, probably~ this way. 20 I came around the office, this way, coming this way, 21 and this is where Mr. -- well, the security guard, Mr. Bridcott, apprqached me. (Indicating) Q Okay. Now are there any things that you can P.O. BOX 485, FAIR~AX, VIRGINIA 22030

76 97 1 purchase that's on this side where you were standing 2 with him? (Indicating) 3 What's there? 4 A (Drawing) There's a drink machine, another s drink machine, and a -- well, that's a lottery ticket 6 machine. Through here is a clean carpet stuff. 7 (Indicating) 8 Q Rental equipment? 9 A Yes. 10 Q You can go back and have a seat at the 11 witness stand. Thank you Q (Thereupon, the witness returned to the witness stand.). BY MR. PHILLIPS: During the entire time that you were in the 16 back, were you given anything to drink? 17 A No. 18 Q Did you ask for anything? 19 A I asked if I could have a glass of water and 20 I asked if I could go to the bathroom. 21 Q Were any of those requests ever met? 22 A They wouldn't give me a drink of water. And 23 Mr. Parker said I wasn't going to the bathroom P.O. BOX 4SS, FAIRFAX, VIRGINIA

77 98 1 either, I could 2 Q (Interposing) Okay. 3 MR. PHILLIPS: Your Honor, I have no further 4 questions. 5 THE COURT: Cross examination? 6 MR. REHEUSER: Yes, sir. 7 8 BY MR. REHEUSER: CROSS EXAMINATION 9 Q Mrs. Jury, your testimony is that 10 Mr. Bridcott made a kissing motion to you twice, is 11 that right? 12 A Made what? 13 Q A kissing motion. He puckered his lips to 14 you. Isn't that what you testified to? 15 A Yes. 16 Q You have never seen a doctor or been in the 17 hospital for any emotional problems, isn't that 18 right? 19 A 20 Q No. No, it's not right; or, no, you never 21 have A 23 Q (Interposing)_ No, I haven't. You have never had any therapy for emotional AC~TE REPORTERS

78 T~~ti~ony of Carlo~ta J11ry - Dir~ct Q Were you living with her on 2 January 23, 1993? 3 A 4 Q Yes. Okay. Did you see her that night? 5 A Yes, I did. 6 Q Okay. What condition did you see her in 7 that night? 8 A She had a big knot on her head and it 9 started turning color, like a bruise color, and she 10 had bruises on her chest, marks on her chest. 11 Q Okay. Did she ask you a few days later 12 or wasn't it a few days -- to take photographs of 13 that? 14 A Yes, she did. 15 Q And are you the one who took the 16 photographs? 17 A Yes, I did. 18 Q Okay. Did she also ask you to take 19 photographs of the location of the Giant Food where 20 she told you that something had occurred? 21 A 22 Q 23 A Yes, she did. Okay. I also took those pictures also.

79 T2sti~ony of C3rlotta J~~y - Dirgct Q What did her appearance look like? 2 A You could see that she was beginning to get 3 a bruise up on her head. And then the following few 4 days she would have -- like, she had more bruises on 5 her arms and some on her chest. 6 Q Did she take you to school? Did she 7 continue to take you to school? 8 A Yes. 9 Q Okay. Did she have to take you to school in 10 that condition? 11 A Yes. 12 Q Did she say she was embarrassed or anything 13 like that? 14 MR. REHEUSER: Objection. 15 THE COURT: Sustained Q BY MR. PHILLIPS: You have seen the photographs that your 18 brother took. 19 A Right. 20 Q Do those photographs accurately show the 21 condition your mother looked in? 22 A 23 Q Yes. Okay. Do you know of any other reason that

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