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II - 13 1 work each day all day or did you go to
these classes that you 2 previously told us about for part of
the day? 3 A.
I would go to the classes for part of the day, mainly 4 for the morning. But sometimes we wouldn't even go to 5 afternoon, we'd just go work. That was basically how that 6 went towards the pond digging. 7 Q.
Were you also required to provide services in the 8 nature of security services? 9 A.
Yes, sir. 10 Q.
And can you -- how did you find out that you had to 11 provide these services? 12 A.
I was told by Robert Kennedy. I was
told by 13 orientation guides and other staff. 14 Q.
What did they tell you that your job duties as a 15 security guard were generally? 16 A.
I was to make sure that nobody got away, no one ran 17 away.
I was to tackle them if anyone started to run away.
I 18 was to without question back up any
person in authority so to 19 speak, whether it was orientation
guides or a single student 20 or a staff member. If a student at whatever ranking had 21 provoked or was being displeasant
towards the staff member, 22 we were to restrain him. 23
MR. BRIGGS: Your Honor, this is
irrelevant. This 24 is outside the scope. You ruled on this yesterday. 25
THE COURT: Go ahead.
II - 14 1 A.
At nighttime we were to always be awake. We
would try 2 to sleep, but if anybody got up, we
were to be awake. We 3 were also always if someone gotten up,
make sure there were 4 more than one person with them, that
we were watching their 5 every move. We had to put bunk beds in front the doors so 6 all the doors were blockaded. We also had security alarms 7 that we were to have turned on at
night, make sure we turn 8 them off during the day. If they went off at night, we were 9 supposed to be up and, you know, ready
to restrain any 10 individual that wasn't supposed to be
up. 11 Q.
Were there any kind of security devices that you were 12 made aware of that you were supposed
to listen for? 13 A.
Yes, sir. 14
MR. BRIGGS: Objection, Your Honor, may
we approach? 15
THE COURT: Come on. 16
(The following proceedings were held at the bench 17 and outside the hearing of the jury:) 18
MR. BRIGGS: Your Honor, yesterday
during pretrial 19 you specifically ruled that references
to Palm Lane and 20 Mountain Park that made it sound like
a prison or a lockdown 21 facility were inappropriate and
outside the scope. Whether 22 there were security devices does not
relate to the battery. 23 It doesn't relate to the Fair Labor
Standards Act claim 24 either. 25
THE COURT: Well, it's describing -- I
see this,
II - 15 1 there's a line there. But he's talking about what he had to 2 do as part of his job. As long as he's talking about what 3 Mr. Blair had to do as part of what he
claimed is a job, 4 employment, then I'm going to allow
it. 5
MR. OLIVER: Well, Judge, he shouldn't
be allowed to 6 use obviously rehearsed pejorative
answers like restrain 7 other students. 8
THE COURT: You all can cross-examine
him about 9 that.
He says that's what he was supposed to do. 10
MR. OLIVER: Well, Your Honor, by my
count he's 11 violated your direct orders from
yesterday four times today 12 and nine times yesterday. I mean, it seems it's time to -- I 13 would ask the Court to ask Mr. Stilley
to conform to the 14 Court's orders. 15
THE COURT: He's doing better than he
did yesterday. 16
MR. OLIVER: Well, that's true. But now all he's 17 done is spend all night coaching
Jordan Blair to come up 18 with these -- slip in these snippets
like what I said or what 19 Ms. Wills said. 20
MR. STILLEY: I didn't. And we'll be done here very 21 shortly. 22
MR. OLIVER: Judge, let me tell you
that that's a 23 prevarication. He did spend the night just like he spent 24 every recess after coaching these
witnesses he's got outside 25 in violation of the rules.
II - 16 1
MR. STILLEY: Your Honor, I did not
coach any 2 witnesses. 3
THE COURT: Fine. Let's hurry up with this witness. 4
(The following proceedings continued within the 5 hearing of the jury:) 6 BY MR. STILLEY: 7 Q.
Did you have any security devices that was part of your 8 job to listen for? 9 A.
Yes, sir. 10 Q.
And what were those or what were those? 11 A.
I don't know exactly what type they were. I
know that 12 the two at Palm Lane were bought at
Radio Shack. Basically 13 it was a very high pitched screeching
noise that you would 14 hear.
So you would definitely know if someone -- well, they 15 were motion detectors is what they
were. And they were put 16 over entryways. And those were basically what they were. 17 Q.
And did anybody explain to you as part of your job 18 duties what would typically cause
these devices to sound? 19 A.
I didn't need any explanation for it. I
mean, you 20
stuck your hand in there, it was a motion detector and it 21 would go off. 22 Q.
Where was this located in relation to where you slept? 23 A.
At Mountain Park it was located downstairs. All
the 24 exits upstairs were blockaded. I believe there was only one 25 exit upstairs. That was blockaded totally, and a staff
II - 17 1 member slept there, so there wasn't
any way of leaving there. 2 There might have been one on there,
but I can't be sure about 3 that. 4 Q.
You sure about that? 5 A.
However, there was one downstairs that was in front of 6 the stairwell so you could not go down
the stairs without 7 setting that motion detector off. 8 Q.
Did this motion detector ever go off while you were 9 there? 10 A.
Yes, sir. 11 Q.
And why did it go off? 12 A.
Someone was going downstairs to use the bathroom I 13 believe. At least that's what they said. 14 Q.
Was it possible they used the bathroom without going 15 downstairs? 16 A.
No, sir, unless you went in your pants or something 17 like that. 18
MR. OLIVER: What does this have to do
with the job? 19
MR. BRIGGS: Objection. 20
THE COURT: Fine. Move on from this. 21
MR. STILLEY: Certainly, Judge. 22
THE COURT: We're talking about his
job, not what 23 somebody else was doing. Please. His
job. 24
MR. STILLEY: Certainly. 25
MR. OLIVER: This is just what I raised
at the
II - 18 1 bench.
This is purposeful. 2
THE COURT: Fine. 3 BY MR. STILLEY: 4 Q.
Okay. Getting to your duties with
respect to security, 5 about how much sleep did you get each
night? 6 A.
Four hours of sleep. 7
MR. BRIGGS: Objection, this is outside
the scope. 8
MR. OLIVER: Already ruled. 9
THE COURT: One at a time now. We're not going to 10 tag team over there. 11
MR. STILLEY: Judge, I'm just -- 12
THE COURT: No, you know, it's like is
the glass 13 half empty or is it half full? Now he talked about -- if 14 you're claiming hours he's worked, how
many hours he worked, 15 see.
What I'm saying, do you understand that? Do
you 16 understand that? 17
MR. STILLEY: Yes, I do. 18
THE COURT: Fine. Then take it that way, not how 19 many he slept, how many hours he
worked. 20 MR. STILLEY: Certainly. 21
THE COURT: Fine. You get it? 22
MR. STILLEY: Certainly. 23
THE COURT: Fine. 24 BY MR. STILLEY: 25 Q.
How many hours did you work as a security guard?
II - 19 1 A.
As I said earlier, it was a 24/7 job. I
guess you 2 could say between 9 p.m. and 5:30 a.m.
sort of on call. 3
MR. STILLEY: You know, can we approach
about 4 something? And I hate to do this, but it's a legal issue 5 that needs to be raised and I can
explain it to you. I'm 6 just trying not to raise anything that
I shouldn't. 7
THE COURT: I know you will explain it
to me. Come 8 on. 9
(The following proceedings were held at the bench 10 and outside the hearing of the jury:) 11 MR. BRIGGS: Just for the record, Your Honor, before 12 he starts, the on call comment that
his client so aptly threw 13 in there is outside the scope of this
claim. There's been no 14 allegation that he had to be on call
for anything. That's a 15 specific section of the Act. 16
THE COURT: I'm sure you will
cross-examine him 17 about that and say this was never
mentioned before. 18
See, you are still on your lineup. See,
if you come 19 with how many hours you working, then
it's the sleeping is 20 obvious. You got to stay on working, on the job. 21
MR. STILLEY: Right. 22
THE COURT: You want to open the door
and wait to 23 let, you know, your client say
anything he wants to say. You 24 know, hoping that he can say
something. You know, and you 25 need to stop that. Let's get on with the show.
II - 20 1
MR. STILLEY: The reason I came over
here is, where 2 I want to go, but I don't want to do
it if the Court does not 3 want me to do that, I don't want to do
anything the Court 4 feels is inappropriate, but I want you
to understand why I 5 think it is appropriate. 6
THE COURT: What are you talking about? 7
MR. STILLEY: There is a case that says
if you get 8 less than five hours of sleep per
night that you're entitled 9 to full pay all night for your duties. 10
THE COURT: Well, hold on. You're a nice fella. 11
MR. STILLEY: Right. 12
THE COURT: But some people are
insomniacs. So they 13 are supposed to be paid because they
are insomniacs, huh? 14 It's not about how much sleep, it's
about how much work. You 15 got it? 16
MR. STILLEY: Well, I want to preserve
the record. 17
THE COURT: The record is preserved. You need to 18 talk about how much work. Now, you said he was on call all 19 night, fine. Case closed. 20
MR. STILLEY: Well, if he was allowed
to testify, he 21 would testify that he got less than
five hours of sleep a 22 night. 23
THE COURT: Well, that -- you know,
some people get 24 no sleep because they are insomniacs,
you see, so I'm not 25 going there. What you're talking about is that he worked so |
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