ROUGH DRAFT - NOT EDITED 1 STATE OF ILLINOIS ) ) SS: 2 COUNTY OF C O O K ) 3 IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS 4 COUNTY DEPARTMENT - CRIMINAL DIVISION 5 THE PEOPLE OF THE ) STATE OF ILLINOIS ) 6 ) vs. ) No. 09 CR 00762 7 ) WILLIAM BALFOUR ) 8 9 EXCERPT OF REPORT OF PROCEEDINGS at the 10 trial of the above-entitled cause, had before the 11 HONORABLE CHARLES P. BURNS on the 27th day of April 12 2012. 13 A P P E A R A N C E S: 14 (SAME AS HERETOFORE NOTED.) 15 16 17 18 19 20 21 JO ANN KROLICKI, CSR 22 Official Court Reporter Illinois License No. 084-002215 23 24 1 ROUGH DRAFT - NOT EDITED 1 * * * 2 THE COURT: State, call your next witness. 3 MS. GAMBINO: Calling Shonta Cathey. 4 (Brief pause.) 5 THE COURT: Step up to the witness box, 6 please, ma'am. Turn towards me and raise your right 7 hand. 8 (Witness sworn.) 9 THE COURT: Yes, I do? 10 THE WITNESS: Yes, I do. 11 THE COURT: Have a seat. Make yourself 12 comfortable. Keep your voice up loud enough that 13 everybody can hear you. 14 Miss Gambino, you may inquire. 15 MS. GAMBINO: Thanks, Judge. 16 WHEREUPON, 17 SHONTA CATHEY, 18 called as a witness on behalf of the People of 19 the State of Illinois, having been first duly 20 sworn, under oath was examined and testified as 21 follows: 22 DIRECT EXAMINATION 23 BY MS. GAMBINO: 24 Q. Good afternoon, Miss Cathey. 2 ROUGH DRAFT - NOT EDITED 1 A. Good afternoon. 2 Q. Speak real loud. 3 A. Good afternoon. 4 Q. Tell us your full name? 5 A. Shonta Cathey. 6 Q. Spell your first and your last name for us? 7 A. S-h-o-n-t-a, last name, Cathey, 8 C-a-t-h-e-y. 9 Q. Miss Cathey, how old are you? 10 A. 33. 11 Q. Do you have any children? 12 A. Yes. 13 Q. How many do you have? 14 A. Two. 15 Q. Are they -- they're a boy and a girl? 16 A. Yes. 17 Q. And what are their ages? 18 A. 14 and 8. 19 Q. Do you currently live in the Chicago area? 20 A. Yes, I do. 21 Q. I want to talk to you about where you lived 22 back in 2008. 23 A. Okay. 24 Q. Did you in the year 2008, did you live at 3 ROUGH DRAFT - NOT EDITED 1 1925 South Spaulding? 2 A. Yes. 3 Q. How long had you been living there by 4 October of 2008? 5 A. Since June of 06. 6 Q. Who did you live there with? 7 A. My sister and our kids. 8 Q. And how close in age are you and your 9 sister? 10 A. The same age. 11 Q. You're twins? 12 A. Yes. 13 Q. And your children and her children live 14 with you? 15 A. Yes. 16 Q. Back then, were you working? 17 A. No -- yes, yes. 18 Q. Yes, all right. Let me start with 2006. 19 Were you working in 2006? 20 A. Yes. 21 Q. Where were you working? 22 A. Cosi's. 23 Q. And Cosi's is what? 24 A. A restaurant. 4 ROUGH DRAFT - NOT EDITED 1 Q. Which location? 2 A. 55 East Grand. 3 Q. Before that did you work at a different 4 Cosi? 5 A. Yes. 6 Q. Which one? 7 A. Clark and Lake. 8 Q. When did you first start working at Cosi? 9 A. In 2001. 10 Q. And then when did you stop working at 11 Cosi's? 12 A. In 2003. 13 Q. And was that to have a baby? 14 A. Yes. 15 Q. Did you start working there again? 16 A. Yes. 17 Q. When was that? 18 A. 2005. 19 Q. And how long did you work that time? 20 A. Up until 2007. 21 Q. After Cosi's did you work somewhere else? 22 A. Yes. 23 Q. Where? 24 A. McDonald's. 5 ROUGH DRAFT - NOT EDITED 1 Q. And in October of 2008, were you working at 2 McDonald's? 3 A. Yes. 4 Q. When you worked at Cosi's in the year 2006, 5 did you meet a man named William Balfour? 6 A. Yes. 7 Q. Do you see him in court today? 8 A. Yes. 9 Q. Can you see him? Okay. Please point to 10 him and describe something he's wearing? 11 A. That's him right there. He have on a blue 12 shirt and blue and like navy blue and light blue tie. 13 MS. GAMBINO: May the record reflect the 14 in-court identification of the defendant. 15 THE COURT: The record will so reflect. 16 BY MS. GAMBINO: 17 Q. When you first met the defendant, what 18 circumstances was it? 19 A. We was coworkers. 20 Q. At Cosi's? 21 A. Yes. 22 Q. What did you call him? 23 A. Will, Flex. William. 24 Q. I'm sorry? 6 ROUGH DRAFT - NOT EDITED 1 A. Will, Flex, or William. 2 Q. And Flex was his nickname? 3 A. Yes. 4 Q. Did you know any other member of his family 5 who also worked at Cosi? 6 A. Yes. 7 Q. Who was that? 8 A. His brother. 9 Q. What's his brother's name? 10 A. Raymond Balfour. 11 Q. And did he work at the same Cosi as you and 12 William? 13 A. Yes. 14 Q. Now, about what month did you meet William 15 and start working with him as Cosi's? Do you 16 remember when in 2006 you first met him? 17 A. Right. 18 Q. Do you remember what month? 19 A. I'm going to say end of May, early April, 20 somewhere up in there. 21 Q. Okay. At some point in 2007, did your 22 relationship change from coworkers to something 23 more? 24 A. Yes. 7 ROUGH DRAFT - NOT EDITED 1 Q. What did it change to? 2 A. Boyfriend and girlfriend. 3 Q. And when did that happen? 4 A. February of 2007. 5 Q. And I'm sorry, but I have to be personal. 6 By boyfriend, girlfriend, did you have an intimate 7 relationship with him? 8 A. Yes. 9 Q. Did you continue to see the defendant and 10 have an intimate relationship with him until October 11 24, 2008? 12 A. Yes. 13 Q. Now, I want to take you forward to July of 14 2008, that summer. How often were you seeing the 15 defendant? 16 Judge, I'm sorry? 17 THE COURT: Can we get another pen out here 18 for the juror, please. Do you want one of mine? 19 Mine's better. Okay. Go ahead. 20 MS. GAMBINO: Thank you. 21 BY MS. GAMBINO: 22 Q. By July of 2008, about how many times a 23 week would you see William? 24 A. Maybe four or five times a week. 8 ROUGH DRAFT - NOT EDITED 1 Q. Now, at that point, you weren't working at 2 Cosi's any more; right? 3 A. No. 4 Q. So when you would see him it was socially? 5 A. Yes. 6 Q. Where did you usually see him? 7 A. On his job and at my house. 8 Q. Did you know him to have a car at that 9 time? 10 A. Yes. 11 Q. What kind of car did he have? 12 A. A green Chrysler. 13 Q. Had you ever been in that car? 14 A. Yes. 15 Q. How many times? 16 A. Numerous of times. 17 Q. During that period of the summer of 2008, 18 did William ever spend the night at your house? 19 A. Yes. 20 Q. About how often? 21 A. Three or four times a week. 22 Q. Did you -- did you know at that point that 23 he was married? 24 A. Yes. 9 ROUGH DRAFT - NOT EDITED 1 Q. Did you know -- what did you believe the 2 state of his marriage was? 3 A. They were separated. 4 Q. That summer, did you find out that besides 5 the wife he was separated from, there was another 6 woman he was involved with? 7 A. Yes. 8 Q. What was her name? 9 A. Toshia. 10 Q. Did you know about an additional woman 11 besides his wife and Toshia named Diana? 12 A. No. 13 Q. Now I want to take you up a little later in 14 the summer and ask you if you ever saw William with a 15 gun? 16 A. Yes. 17 Q. When did you first see him with a gun? 18 A. I'm going to say late August, early 19 September. 20 Q. Of 2008? 21 A. Yes. 22 Q. And where did you see that gun? 23 A. In his waistband. 24 Q. And where were you when you saw it? 10 ROUGH DRAFT - NOT EDITED 1 A. At my house. 2 Q. Okay. Tell us, was it sticking out of his 3 waistband? 4 A. No, his shirt was covering it up. 5 Q. How did you know it was there? 6 A. When he pressed up against me I felt 7 something poking me. 8 Q. What did he say? 9 A. I asked him what it was. 10 Q. What did he do? 11 A. He said it was a gun he pulled the gun out 12 and put it under my bed mattress. 13 Q. Were you able to see the gun at that time? 14 A. Yes. 15 Q. What did it look like? 16 A. Silver and black. 17 Q. Where was the silver on the gun? 18 A. On the top part of it. 19 Q. Did he spend the night that night that he 20 had the gun in your apartment? 21 A. No. 22 Q. So you said he put the gun under your 23 mattress? 24 A. Yes. 11 ROUGH DRAFT - NOT EDITED 1 Q. When he left that night, did he take the 2 gun? 3 A. Yes. 4 Q. Did you tell him anything about having that 5 gun at your house? 6 A. Yes. 7 Q. What did you tell him? 8 A. Don't bring it back to my house because I 9 was scared of guns and I have kids. 10 Q. Did you see that gun again? 11 A. Yes. 12 Q. About when was the next time you saw it? 13 A. I would say September, middle, like in the 14 middle of September. 15 Q. Okay. And where did you see it that time? 16 A. In his car. 17 Q. And when you say in his car, where 18 specifically in his car? 19 A. It was on him. 20 Q. Okay. So were you in the car? 21 A. Yes. 22 Q. Was he in the car? 23 A. Yes. 24 Q. Who was driving? 12 ROUGH DRAFT - NOT EDITED 1 A. He was. 2 Q. And where was the gun? 3 A. In his waistband. 4 Q. And at that time, did you say anything to 5 him about it? 6 A. No. 7 Q. And did you see the gun? It wasn't under 8 his shirt that time? 9 A. Right, correct. 10 Q. Did you see it another time after that? 11 A. Yes. 12 Q. When was that? 13 A. In his -- in September. 14 Q. Okay. And where? 15 A. In his car. 16 Q. Was it again just you and he in the car? 17 A. Yes. 18 Q. And where was the gun that time? 19 A. Under the seat. 20 Q. Under whose seat? 21 A. His seat. 22 Q. And which seat was he seated in? 23 A. The driver's seat. 24 Q. And how did you know it was there? 13 ROUGH DRAFT - NOT EDITED 1 A. He reached under there and got it. 2 Q. When he reached under and got it, what did 3 he do with it? 4 A. Clicked it back and put it back. 5 Q. Now, at that time did you drive a car? 6 A. No. 7 Q. Did you drive, period? 8 A. No. 9 Q. And you did not own a vehicle? 10 A. No. 11 Q. I want to take you up to October 23rd of 12 2008. Does October 23rd have any significance in 13 your family? 14 A. Yes. 15 Q. Why? 16 A. It's my daughter's birthday. 17 Q. How old was your daughter on October 23rd 18 of 2008? 19 A. Five. 20 Q. Did you see William during the daytime of 21 October 23rd? 22 A. Yes. 23 Q. About what time? 24 A. About 4:00 or 5:00. 14 ROUGH DRAFT - NOT EDITED 1 Q. And how did you see him, where did you see 2 him? 3 A. He came to my house. 4 Q. When he came to your house, what did you 5 ask him to do? 6 A. He was -- he was taking me to get ice cream 7 and cake for my daughter. 8 Q. Okay. Where did he take you? 9 A. To Fair Play. 10 Q. What is Fair Play? 11 A. A grocery store. 12 Q. And where is it? 13 A. 22nd and Western. 14 Q. First of all how did you get to the grocery 15 store? 16 A. In his car. 17 Q. Just you and him? 18 A. Yes. 19 Q. And when you got there, did you both go 20 inside? 21 A. Yes. 22 Q. And you bought the stuff that you needed 23 for your daughter's birthday? 24 A. Yes. 15 ROUGH DRAFT - NOT EDITED 1 Q. Then where did you go? 2 A. Back to my house. 3 Q. And again that's 1925 South Spaulding? 4 A. Correct. 5 Q. When you got back to your house did the 6 defendant come in with you? 7 A. Yes. 8 Q. And how long did he stay? 9 A. A good 30 to 45 minutes, not that long, 10 though. 11 Q. At that point, did he get ready to leave? 12 A. Yes. 13 Q. And did he tell you where he was going? 14 A. Back out south. 15 Q. Out south? 16 A. Yes. 17 Q. Did he give you any more specifics than 18 that? 19 A. No. 20 Q. Now, at that point, where did you think the 21 defendant was living? 22 A. Mid week staying nights with me and with 23 his mother and his godmother. 24 Q. Had you ever met his mother? 16 ROUGH DRAFT - NOT EDITED 1 A. Yes. 2 Q. And did you know where she lived? 3 A. Yes. 4 Q. Had you ever been to her house? 5 A. Once. 6 Q. What is his mom's name? 7 A. I can't think of it. 8 Q. Okay. Is it Michelle? 9 A. Yes. 10 Q. And did you meet her only once at her 11 house? 12 A. Yes. 13 Q. Where else did you meet his mom? 14 A. At her job. 15 Q. And where was that? 16 A. At A J Wright. 17 THE COURT: You said A J what? 18 BY THE WITNESS: 19 A. A J Wright. 20 BY MS. GAMBINO: 21 Q. That's a clothing store? 22 A. Correct. 23 Q. And where is the one she worked at located? 24 A. Over at 31st and Cicero, back over that 17 ROUGH DRAFT - NOT EDITED 1 way. 2 Q. Did she ever come to your house? 3 A. Yes. 4 Q. Was she with William when she came to your 5 house? 6 A. Yes. 7 Q. When you met William's mom for the first 8 time and he introduced you, how did he introduce you? 9 A. He said I was his girlfriend. 10 Q. You also mentioned you thought he stayed at 11 his godmother's house. Where was his godmother 12 living? 13 A. He said on 83rd and Ellis. I'm not sure. 14 Q. When you wanted to get in touch with 15 William, how would you call him? 16 A. By phone. 17 Q. And what kind of phone did you have? 18 A. A house phone. 19 Q. By that you mean it wasn't a cell phone? 20 A. No. 21 Q. And what company was it through? 22 A. Comcast. 23 Q. What was your phone number back in 2008? 24 A. 773-823-9078. 18 ROUGH DRAFT - NOT EDITED 1 Q. And what was William's -- well, first of 2 all did William have a cell phone or were you calling 3 him on a land line? 4 A. On a cell phone. 5 Q. And what was his number? 6 A. 773-425-9517. 7 Q. Close. Are you sure that's his number? 8 A. I think so. 9 Q. Okay. How often did you call William? 10 A. A lot of times. 11 Q. How often did he call you? 12 A. Numerous of times. 13 Q. Pardon me? 14 A. A lot of times. 15 Q. Okay. Is that the main way you two 16 communicated? 17 A. Yes. 18 Q. Did you ever E-mail him? 19 A. No. 20 Q. Did you ever text him? 21 A. No. 22 Q. Why didn't you ever E-mail him? 23 A. I didn't have a computer. 24 Q. Why didn't you ever text him? 19 ROUGH DRAFT - NOT EDITED 1 A. I didn't have a cell phone. 2 Q. You can't text from your home phone? 3 A. No. 4 Q. After William left your house on the 23rd 5 of October, did you have your cake and ice cream for 6 your daughter's birthday? 7 A. Yes. 8 Q. And a little later in that evening, did you 9 hear from William? 10 A. Yes. 11 Q. How did you hear from him? 12 A. By phone. 13 Q. All right. What did he tell you? 14 A. He said that his car had broke down and he 15 needed a jack. The oil pan on his car had busted and 16 he needed a jack. 17 Q. And -- now when he told you these things he 18 knew you didn't have a car; right? 19 A. Yes. 20 Q. When he left, did he say he was coming back 21 to your house? 22 A. Yes. 23 Q. All right. So after you get this phone 24 call about the busted oil pan, what did you do? 20 ROUGH DRAFT - NOT EDITED 1 A. I told him I'd see if I could find him one 2 and bring it to him. 3 Q. And after you got done with that call what 4 did you do? 5 A. I went out and asked around the 6 neighborhood for a jack and I found one. 7 Q. Now, after you had the jack, did you have a 8 way to get to the south side? 9 A. Yes. 10 Q. Who was that? 11 A. My brother-in-law. 12 Q. And what was his name? 13 A. Demetrios. 14 Q. You're twins? 15 A. Yes. 16 Q. Boyfriend or husband? 17 A. Yes. 18 Q. What kind of vehicle did Demetrios have? 19 A. An old Suburban. 20 Q. What color? 21 A. Light blue and navy blue. 22 Q. And he agreed to take you south? 23 A. Yes. 24 Q. Now, you mentioned that you lived at 1925 21 ROUGH DRAFT - NOT EDITED 1 South Spaulding what area of the city is that? 2 A. The west side. 3 Q. Where did you grow up? 4 A. On the west side. 5 Q. Did you ever live on the south side? 6 A. No. 7 Q. Were you real familiar with the south side? 8 A. No. 9 Q. When you left your house with Demetrios and 10 the jack and Demetrios' SUV where were you going? 11 A. Out south. 12 Q. What area? 13 A. 83rd and Ellis. 14 Q. Did you eventually make it to 83rd and 15 Ellis? 16 A. Yes. 17 Q. And is this a little later in the evening? 18 A. Yes, it is. 19 Q. Do you know approximately what time it is? 20 A. About 9:00 -- 9:00 something, I'm not sure. 21 Q. Miss Cathey do you wear a watch? 22 A. No. 23 Q. It was after your daughter's birthday party 24 stuff and it was a little later in the evening; 22 ROUGH DRAFT - NOT EDITED 1 right? 2 A. Yes. 3 Q. When you got to 83rd and Ellis who was 4 driving by the way? 5 A. Demetrios. 6 Q. Were you actually on Ellis? On the street, 7 Ellis? 8 A. Yes. 9 Q. And did you see anything that you 10 recognized? 11 A. His car. 12 Q. Whose car? 13 A. William's car. 14 Q. The green Chrysler? 15 A. Yes. 16 Q. Where was it? 17 A. It was parked on the streets. 18 Q. Now, when you would talk to William and he 19 said he had problems with the car, did he give you 20 the exact address where he was? 21 A. No. 22 Q. While you were in the car, were you able to 23 call him on his cell to see exactly what building he 24 was in at 83rd and Ellis? 23 ROUGH DRAFT - NOT EDITED 1 A. No. 2 Q. Why not? 3 A. Because I didn't have a way to call him. 4 Q. Did you have a cell phone? 5 A. No. 6 Q. So what did you do instead? 7 A. We blew the horn for awhile and then the 8 police came and said we was disturbing the peace so 9 they made us leave off the block so we went to a gas 10 station. 11 Q. Do you know where the gas station was? 12 A. Like two blocks up -- two blocks down on 13 83rd. 14 Q. Okay. When you got to the gas station what 15 were you going to do? 16 A. I used the pay phone. 17 Q. Did you do that? 18 A. Yes. 19 Q. Who were you going to call? 20 A. I called my house. 21 Q. Now, why didn't you just call William's 22 phone? 23 A. Because I only had 50 cents. 24 THE COURT: Could you repeat that. 24 ROUGH DRAFT - NOT EDITED 1 BY THE WITNESS: 2 A. Because I only had 50 cents. 3 BY MS. GAMBINO: 4 Q. Does it cost more than that to make a phone 5 call? 6 A. I'm not sure at the time if it did or not. 7 Q. Is so how were you going to get in touch 8 with William from your house? 9 A. Have them to click over and call his 10 mother. 11 Q. Is that kind of known as a three way call? 12 A. Yes. 13 Q. Who did you call at your house? 14 A. My niece answered the phone. 15 Q. And how old was your niece? 16 A. She was like 20-something in her 20s at the 17 time. 18 Q. She was a grownup? 19 A. Yes she was grown. 20 Q. What did you ask her to do? 21 A. To click over and dial his number. 22 Q. Did she do that for you? 23 A. Yes. 24 Q. Were you able to talk to William? 25 ROUGH DRAFT - NOT EDITED 1 A. No. 2 Q. No answer? 3 A. No. 4 Q. Did you leave a message or did you just 5 tell her to hang up? 6 A. I told her to hang up. 7 Q. What did you do after that? 8 A. Proceeded to come back to the west side. 9 Q. So you never connected with William and 10 given him the jack or any help with his car? 11 A. No. 12 Q. Now, when you got back to your 13 neighborhood, did you eventually get home? 14 A. Yes. 15 Q. Okay. When you got home, did you start 16 doing anything with your home phone? 17 A. Yes. 18 Q. What did you start doing? 19 A. Start calling William. 20 Q. And how many times do you think you called 21 him when you got home? 22 A. About five or six times. 23 Q. Did any of those calls go through? 24 A. No, he didn't answer. 26 ROUGH DRAFT - NOT EDITED 1 Q. Did you leave messages? 2 A. No. 3 Q. Now, I want to take you up to the next 4 morning, the 24th of October 2008. At about 7:30 in 5 the morning did you get a phone call from William? 6 A. Yes. 7 Q. Was it a long or a short call? 8 A. We talked for about 15 minutes. 9 Q. Okay. And at that time, did you explain to 10 you where he had been the night before? 11 A. No. 12 Q. What -- did you say anything to him? 13 A. Yes, I was explaining to him what happened 14 the night before with me and Demetrios. 15 Q. And when you say you were explaining what 16 did you tell him you had done? 17 A. That we came out south and came on 83rd and 18 Ellis, and he wasn't there and that the police had 19 pulled us over two times on the way -- off 83rd and 20 Ellis and then on the way back home. 21 Q. And did he say anything to all of this? 22 A. He said he will be over there. 23 Q. Okay. Now, during that conversation did 24 you ever say to him I know you were at a girl's house 27 ROUGH DRAFT - NOT EDITED 1 named Diana? 2 A. No. 3 Q. Did you ever say I came looking for you 4 because I was jealous about a girl named Diana? 5 A. No. 6 Q. At that point, did you know that there was 7 a girl named Diana that he was seeing at 83rd and 8 Ellis? 9 A. No. 10 Q. The next day was Friday the 24th of 11 October. You already told us about the phone call. 12 Were your kids in school or out of school that 13 day? 14 A. Out of school. 15 Q. And were you home with them? 16 A. Yes. 17 Q. So the kids were around all day? 18 A. Yes. 19 MS. GAMBINO: Okay. If I could have just a 20 moment? 21 (Brief pause.) 22 BY MS. GAMBINO: 23 Q. By five minutes to 11:00, had the defendant 24 arrived at your house? 28 ROUGH DRAFT - NOT EDITED 1 A. No. 2 Q. Did you do anything at that point? 3 A. No. 4 Q. Did you call him? 5 A. I'm not sure. I think so. 6 Q. Okay. Did you ever talk to him about five 7 to 11:00, though? Did the phone call go through? 8 A. No. 9 MS. THOMPSON: Objection to the leading, 10 Judge. 11 THE COURT: Objection sustained. Don't 12 lead, please. 13 MS. GAMBINO: Okay. 14 BY MS. GAMBINO: 15 Q. Was he at your house at five minutes to 16 11:00? 17 A. No. 18 Q. What time did he come to your house? 19 A. At about 12:00 something somewhere up in 20 there. 21 Q. Okay. What were you doing when the 22 defendant came to your house? 23 A. Looking through some papers in my room on 24 my bed. 29 ROUGH DRAFT - NOT EDITED 1 Q. The kids were home? 2 A. Yes. 3 Q. Did you have a watch on? 4 A. No. 5 Q. Did you have a clock in the bedroom? 6 A. No. 7 Q. How did the defendant get into your house? 8 A. I opened the door and let him in. 9 Q. At that point, did William have a key to 10 your apartment? 11 A. Yes. 12 Q. Did you ask him anything about that key? 13 A. No. 14 Q. Okay. Did you let him in? 15 A. Yes. 16 Q. At that point how was he dressed? 17 A. He had on a white hoody with some black 18 pants and blue-and-black Jordans. 19 Q. What are blue-and-black Jordans? 20 A. Gym shoes. 21 Q. And they were blue and black in color? 22 A. Yes. 23 Q. Okay. Had you ever seen the blue-and-black 24 Jordans before? 30 ROUGH DRAFT - NOT EDITED 1 A. Yes. 2 Q. Had you ever seen the white hoody before? 3 A. No. 4 Q. Was he -- did he have anything with him? 5 A. A bottle of Hennessy. 6 Q. And that's liquor? 7 A. Yes. 8 Q. Okay. What did he do when he came in your 9 house? 10 A. I walked back into my room and he walked 11 past my room like towards the kitchen or the bathroom 12 I'm not sure. I just know he went that way I didn't 13 see if he went in the kitchen or the bathroom. 14 Q. And about how long was he at your house? 15 A. About five or ten minutes. 16 Q. Then did he say or do something? 17 A. He said he will be back. And he grabbed 18 his boots. 19 Q. Which boots were those? 20 A. Some blue Timberland boots. 21 Q. And did he leave? 22 A. Yes. 23 Q. Now, did you walk him outside? 24 A. No. 31 ROUGH DRAFT - NOT EDITED 1 Q. Where did you go after William left your 2 house that time? 3 A. Back into my room. 4 Q. Okay. At some time in the afternoon, did 5 you leave your apartment? 6 A. Yes. 7 Q. About what time? 8 A. At about 2:00 something, somewhere up in 9 there, I'm not sure of the time. 10 Q. Okay. Where were you going? 11 A. To the store. 12 Q. And which store were you going to? 13 A. I went to the store on 19th and Kedzie 14 and then I went to the store in between Kedzie and 15 Ogden. 16 Q. In between 19th and Ogden on Kedzie? 17 A. Yes. 18 Q. So you went to two different stores? 19 A. Yes. 20 Q. How far is the store on 19th and Kedzie 21 from your house? 22 A. Two blocks up. 23 Q. And the other store that's between 19th 24 and Ogden on Kedzie, is that -- how much farther is 32 ROUGH DRAFT - NOT EDITED 1 that? 2 A. Like, right down the street, right down the 3 block. It's not that far. 4 Q. Okay. Who were you with when you went to 5 the store? 6 A. Katrina. 7 Q. Who was Katrina? 8 A. A friend of mine. 9 Q. How did you get to the store? 10 A. Walked. 11 Q. And how did you walk from 1925 South 12 Spaulding to the corner of 19th and Kedzie? 13 A. I walked out of my house, went up the 14 street to 19th and Spaulding, walked down 19th over 15 to Kedzie and then to the store. 16 Q. And after you went to the corner store and 17 you were going to the second store, how did you get 18 there from the first store? 19 A. Walked. 20 Q. Okay. So you were walking -- when you were 21 walking, did you hear anything or see anything? 22 A. Yes. 23 Q. What did you hear? 24 A. Somebody calling my name. 33 ROUGH DRAFT - NOT EDITED 1 Q. And -- did you have a nickname at that 2 time? 3 A. Yes. 4 Q. What is it? 5 A. Tay. 6 Q. Did you recognize who was calling you? 7 A. Yes. 8 Q. Who was it? 9 A. William. 10 Q. Where did you see him? 11 A. Coming from the northbound on Kedzie. 12 Q. You were coming from 19th Street; right? 13 A. Yes. 14 Q. So were you walking towards each other? 15 A. Yes. 16 Q. Where did you meet up? 17 A. At the second corner store. 18 Q. When you say the second corner store, 19 that's really not on the corner? 20 A. Correct. It like sits in the middle of the 21 block. 22 Q. Okay. What happened when you meet up in 23 front of the store? 24 A. We went in the store. I got some things 34 ROUGH DRAFT - NOT EDITED 1 out the store and then we left out. 2 Q. Okay. When you left out, where were you 3 going to go? 4 A. I was going home. 5 Q. And so which -- which way did you go when 6 you left the store? 7 A. Back towards 19th and Kedzie. 8 Q. Okay. Did the defendant start to walk with 9 you? 10 A. Yes. 11 Q. And then what happened? 12 A. Then he turned around and said he will be 13 back. 14 Q. And what did he say he was going to do? 15 A. He was going to check on his car. 16 Q. When you say he turned around what 17 direction did he walk away in? 18 A. Going back towards the north. 19 Q. And that's towards Ogden Avenue? 20 A. Yes. 21 Q. Did you go back to your place? 22 A. Yes. 23 Q. And about what time -- strike that. 24 Did you see him again that afternoon? 35 ROUGH DRAFT - NOT EDITED 1 A. Yes. 2 Q. And -- I'm sorry. I'm going to go back to 3 when you were at the store. What was William wearing 4 when you saw him at the store? 5 A. The black hoody -- the white hoody and the 6 black pants and the Jordans. 7 Q. And the Jordans, okay. Now when was the 8 next time you saw William that day? 9 A. At my house. 10 Q. And about how long after the store was it? 11 A. About 3:00. 12 Q. About 3:00 o'clock? 13 A. Yes. 14 Q. How did he get to your house? 15 A. I'm not sure. 16 Q. How did he get in your house? 17 A. I opened up the door and let him in. 18 Q. Now when he came in that time what is he 19 wearing? 20 A. He had on a blue tee-shirt and black pants. 21 Q. Okay. Is the blue tee-shirt the same as 22 the white hoody? 23 A. No. 24 Q. Did he have on a jacket? 36 ROUGH DRAFT - NOT EDITED 1 A. Yes. 2 Q. What kind of jacket? 3 A. A red Pelle jacket. 4 Q. And Pelle is like the brand name of the 5 jacket? 6 A. Yes. 7 Q. Did he have on the blue-and-black Jordans? 8 A. No. 9 Q. What did he have on his feet? 10 A. The boots the Timberland boots. 11 Q. When he came in that time what did he say 12 when he came in? 13 A. He said he had a headache. He wasn't 14 feeling good. 15 Q. What part of your apartment did he go to? 16 A. To my bedroom. 17 Q. Did you follow or did you stay out in the 18 rest of the apartment? 19 A. I followed behind him. 20 Q. Okay. Did you have a conversation with him 21 once you got inside the bedroom? 22 A. Yes. 23 Q. Was anybody there besides you and him? 24 A. In the bedroom? 37 ROUGH DRAFT - NOT EDITED 1 Q. In the bedroom? 2 A. No. 3 Q. What did the defendant say to you? 4 A. He said, if anybody asked he was there at 5 10:00. 6 Q. What did you say? 7 A. Okay. 8 Q. Did you -- did you say anything else? 9 A. Yes. 10 Q. What did he say? 11 A. Then he begin to tell me what happened. 12 Q. And what's the first thing he said? 13 A. If anybody asks he was there at 10:00. 14 Q. And after that what's the next thing he 15 said? 16 A. Then he proceeded to say they got shot. 17 Q. Let me stop you there when he said to 18 you, they got shot, did you know who he was talking 19 about? 20 A. No. 21 Q. What did you ask him? 22 A. I asked, who. 23 Q. What did he say then? 24 A. Then he say, her mother and her brother. 38 ROUGH DRAFT - NOT EDITED 1 Q. Now, when he said her mother and her 2 brother, who did you believe he was talking about? 3 A. Julia's mother and brother. 4 Q. Why did you believe that? 5 A. Because any time he said something about 6 her brother he would say, her brother. He would 7 never say a name or anything like that. 8 Q. Okay. When he said her mother and her 9 brother, what did you ask him then? 10 A. I was looking at him. I asked him -- he 11 said, they got shot. 12 And I said, who? 13 He said, her mother and her brother. 14 And I was looking at him crazy. 15 Q. What do you mean you were looking at him 16 crazy? 17 A. Like, bug eyed and just staring at him. 18 Q. So what did he say next? 19 A. Then he began to tell me what happened. 20 Q. What did he tell you happened? 21 A. He say he went in and the brother rushed 22 him and he shot him and the mother was coming down 23 the stairs calling his name and he shot her. 24 Q. What did you say next? 39 ROUGH DRAFT - NOT EDITED 1 A. I was just looking at him. 2 Q. And did you -- 3 A. Then I asked him, what happened to the 4 little boy. 5 Q. And what little boy were you referring to? 6 A. Julian. 7 Q. Who was Julian? 8 A. Julia's son. 9 Q. What did he say when you asked about 10 Julian? 11 A. He said he was outside. 12 Q. Did you continue to look at the defendant? 13 A. Yes, I did. 14 Q. And what did he say to you after that? 15 A. He said why was I looking at him like that, 16 I had nothing to worry about. 17 Q. What else did he say about that? 18 A. And he said -- I said, what happened to the 19 little boy. 20 He said he was outside. 21 And I told him, kids don't got 22 nothing to do with what grownups go through. I hope 23 it ain't nothing happen to the little boy. 24 Q. What did the defendant do then? 40 ROUGH DRAFT - NOT EDITED 1 A. He said I had nothing to worry about. 2 Q. Meaning you had nothing to worry about? 3 A. Correct. 4 Q. And what did he do after he said that? 5 A. He laid back down watching TV -- well, on 6 his phone. 7 Q. So he's on his phone at your house? 8 A. Yes. 9 Q. What kind of phone was it? 10 A. A cell phone. 11 Q. Was it the same cell phone you had seen 12 before? 13 A. Yes. 14 Q. Did you stay in the bedroom with him? 15 A. No. 16 Q. Where did you go? 17 A. I went back out into the living room and in 18 the kids' room. 19 Q. How were you feeling at that point? 20 A. Scared and nervous. 21 Q. What were you nervous about? 22 MS. THOMPSON: Objection, relevance. 23 THE COURT: Overruled. 24 41 ROUGH DRAFT - NOT EDITED 1 BY MS. GAMBINO: 2 Q. You can answer. 3 A. What he had just told me. 4 Q. Okay. And what were you scared of? 5 A. That he could do something to us. 6 Q. What did you -- why didn't you call the 7 police right then and there? 8 A. Because I was scared and my phone was in 9 the room with him. 10 Q. In the bedroom? 11 A. Yes. 12 Q. Okay. What did you start to do that 13 afternoon while he's in your bedroom using his phone? 14 A. I was talking to my friend, cooking, 15 getting dinner ready for the kids. 16 Q. Did you tell your friends what he had told 17 you? 18 A. No. 19 Q. Why not? 20 A. Because I was scared. 21 Q. At some point does he ever come out of the 22 bedroom? 23 A. Yes. 24 Q. What did he do when he came out? 42 ROUGH DRAFT - NOT EDITED 1 A. He came in the kitchen and I introduced him 2 to one of my friends because she had never met him. 3 Q. Okay. 4 A. And he went out the front door. 5 Q. And where did he go? 6 A. I'm not sure, but -- on the porch I guess. 7 Q. Did he stay gone very long? 8 A. About ten or 15 minutes. 9 Q. Did you call the police then? 10 A. No. 11 Q. Why not? 12 A. Because I was scared he was going to try to 13 do something to us. 14 Q. Sometime a little bit later, did you leave 15 and go to the store again? 16 A. Yes. 17 Q. Where did you go? 18 A. I went to the store on 15th and Kedzie. 19 Q. And what was the purpose of going to the 20 store again? 21 A. To get some beer. 22 Q. Who wanted beer? 23 A. He did. 24 Q. Who is he? 43 ROUGH DRAFT - NOT EDITED 1 A. William. 2 Q. And why did you leave your house and go get 3 him beer? 4 A. Because I was scared and I wanted to do 5 everything he said so he wouldn't hurt us. 6 Q. After you got the beer, did you come back? 7 A. Yes. 8 Q. And did you give it to him? 9 A. Yes. 10 Q. Now, at some point after that, did you get 11 some phone calls? 12 A. Yes. 13 Q. Who called you? 14 A. My friends called me and my cousin. 15 Q. Okay. Did they tell you to do anything? 16 A. Yes. 17 MS. THOMPSON: Objection. 18 THE COURT: To that question it's 19 overruled. I assume anything that was told would be 20 hearsay. 21 MS. GAMBINO: It's not going to be the 22 content, just what he did next. 23 THE COURT: Go ahead. 24 44 ROUGH DRAFT - NOT EDITED 1 BY MS. GAMBINO: 2 Q. What did you do after you got those phone 3 calls? 4 A. Turned on my sister's TV. 5 Q. Where was that TV? 6 A. Her room. 7 Q. Was that a different room than the room 8 where William was? 9 A. Yes. 10 Q. What did you see on the TV? 11 A. The news. 12 Q. What news? 13 A. It was saying that Julia's mother and 14 brother got killed. 15 Q. And what else did it say? 16 A. That they was looking for William. 17 Q. Did it say anything else about the little 18 boy? 19 A. Yeah that -- I'm not sure. 20 Q. Okay. Did you say anything about William 21 about him being on the TV? 22 A. I came back into my room and I told him to 23 turn on the TV. They looking for you. 24 Q. Okay. And what happened when you did that? 45 ROUGH DRAFT - NOT EDITED 1 A. I went back into the living room. 2 Q. Okay. Did you say anything about it then? 3 A. No. 4 Q. Now, at some time about 6:00 o'clock, did 5 something else happen inside your apartment? 6 A. Yes. 7 Q. What happened? 8 A. The police came. 9 Q. When the police came where were you? 10 A. In the living room-dining room, in between. 11 Q. Who else was in the living room-dining 12 room? 13 A. Katrina, some of the kids was. 14 Q. Where were the rest of the kids? 15 A. In the back bedroom. 16 Q. Now you said you were in the living 17 room-dining room, can you explain what kind of room 18 was it? 19 A. It's the living room and then the dining 20 room. It's like straight through. 21 Q. So there's no, like, wall or doorway 22 between the living room and dining room? 23 A. It is, but it's a big opening. 24 Q. And does the -- where does the door to your 46 ROUGH DRAFT - NOT EDITED 1 apartment open into what room? 2 A. The living room. 3 Q. Okay. At about 6:00 o'clock what happened? 4 A. The police came. 5 Q. And when they came in, what happened? 6 A. They said, everybody get on the floor. 7 Q. Did you? 8 A. Yes. 9 Q. Did you see where William was? 10 A. Not at that point. 11 Q. When did you see him? 12 A. When -- when they was taking me into the 13 kitchen and he was trying to come out the room. 14 Q. And whose room was he trying to come out 15 of? 16 A. Mines. 17 Q. Did he have anything in his hand? 18 A. His cell phone. 19 Q. What did he do then? 20 A. He was trying to go -- go out the back 21 door. 22 Q. Okay. Did the police catch him? 23 A. Yes. 24 Q. Okay. What did they do with him? 47 ROUGH DRAFT - NOT EDITED 1 A. Put him on the floor in the hallway. 2 Q. In the hallway? 3 A. In my -- in the hallway in my house. 4 Q. Okay. And is the hallway going toward the 5 kitchen or away from the kitchen? 6 A. Yes, going towards the kitchen. 7 Q. Did they handcuff him? 8 A. Yes. 9 Q. Was he cooperating with that? 10 A. He was resisting. 11 Q. Okay. Were you yelling anything to 12 William? 13 A. I told him to stop resisting. 14 Q. Did the police eventually get him 15 handcuffed? 16 A. Yes. 17 Q. And a short time later, did they take him 18 out of the apartment? 19 A. Yes. 20 Q. Which door did they use to take him out? 21 A. Out the back door. 22 Q. Where were you at that point? 23 A. Sitting in the kitchen. 24 Q. Did the police station come and talk to you 48 ROUGH DRAFT - NOT EDITED 1 a little bit? 2 A. Yes. 3 Q. Now, at that point, were you handcuffed and 4 dragged out of your apartment? 5 A. No. 6 Q. When you talked to the police, did they ask 7 you to sign something? 8 A. They -- yes. 9 Q. And what did they want you to sign? 10 A. A search warrant. 11 Q. A consent to search? 12 A. Yes. 13 Q. Okay. Did you sign it for them? 14 A. After I read it, I signed it. 15 Q. Okay. And that was about 13 minutes after 16 6:00? 17 A. It was somewhere in there. 18 Q. Okay. At some point, did you leave your 19 apartment? 20 A. Yes. 21 Q. Where were you going to go? 22 A. I went down to the police station. 23 Q. And -- who did you go with? 24 A. With an officer. 49 ROUGH DRAFT - NOT EDITED 1 Q. Did you -- were you handcuffed? 2 A. No. 3 Q. And had you agreed that you would go down 4 and talk to them? 5 A. Yes. 6 Q. Do you remember which police station they 7 took you to? 8 A. On 51st. 9 Q. And when you got there, what happened? 10 A. They put me in a room and then they started 11 talking to me. 12 Q. And when the police first started talking 13 to you, do you remember what the policeman's name 14 was? 15 A. No. 16 Q. Were they in police uniforms or in plain 17 clothes? 18 A. Plain clothes. 19 Q. And what were you telling the police when 20 you first got to the police station? 21 A. They asked was -- how long had he been 22 there, and I said at 10:00. 23 Q. And when they said, there, where did they 24 mean? 50 ROUGH DRAFT - NOT EDITED 1 A. At my house. 2 Q. Was that the truth? 3 A. No. 4 Q. What else were you telling the police? 5 A. They was asking me how -- how he was at my 6 house at 10:00 if the cell phone records showing that 7 that's not the right time. 8 Q. Okay. Did you continue to lie to the 9 police? 10 A. Yes. 11 Q. Why were you lying to the police? 12 A. Because I was in love with William and I 13 didn't want him to get in any trouble. 14 Q. Okay. You were at the police station a 15 pretty long time, weren't you? 16 A. Yes. 17 Q. Until at least the next day? 18 A. Yes. 19 Q. Now, did the police talk to you a lot while 20 you were there? 21 A. Yes. 22 Q. And did you continue to lie to them? 23 A. Yes. 24 Q. At some time the next day -- by the way, 51 ROUGH DRAFT - NOT EDITED 1 you were in a room. What was in that room? 2 A. Me, a little chair -- bench I'm going to 3 say. 4 Q. Okay. 5 A. And a garbage can. 6 Q. Did you sleep on that bench? 7 A. Yes. 8 Q. And it was the next day that you talked to 9 the police again? 10 A. Yes. 11 Q. Now, at some time did you stop lying to the 12 police? 13 A. Yes. 14 MS. THOMPSON: Objection to the form of the 15 question, Judge. 16 THE COURT: Okay. Objection sustained. 17 Pose another question. 18 MS. GAMBINO: Could we have a sidebar? 19 THE COURT: Pose another question. 20 MS. GAMBINO: Okay. 21 BY MS. GAMBINO: 22 Q. At some time did you tell the police 23 something different than you had been telling them 24 before? 52 ROUGH DRAFT - NOT EDITED 1 A. Yes. 2 Q. Why did you decide to tell them something 3 different? 4 A. Because I didn't want to get in trouble for 5 lying. 6 Q. And what did you tell the police then? 7 A. What he had told me. 8 Q. And what was that that he had told me? 9 A. That he killed the mother and the brother. 10 Q. Did you tell the police what time he really 11 came to your house? 12 A. Yes. 13 Q. Sometime later that day after you had been 14 at the police station for quite awhile, did the 15 police take you anywhere else? Did they take you 16 home? 17 A. Yes. 18 Q. Did you -- and by home, I mean 1925 South 19 Spaulding? 20 A. Yes. 21 Q. Did you stay there? 22 A. No. 23 Q. Why not? 24 A. Because I was scared and nobody else was 53 ROUGH DRAFT - NOT EDITED 1 there. 2 Q. Okay. Where did you go after that? 3 A. To my mom house. 4 Q. And did the police take you there? 5 A. Yes. 6 Q. Did you stay at your mom's house? 7 A. No. 8 Q. Where did you go after that? 9 A. To my sister's house. 10 Q. Who took you there? 11 A. The police. 12 Q. On the 27th of October 2008, did you go 13 back to 51st and Wentworth and talk to the police and 14 a State's Attorney? 15 A. Yes. 16 Q. And at that time, did you give them a 17 statement? 18 A. Yes. 19 Q. And on the day after that, did you go to 20 the grand jury in this building and talk to the 21 Grand Jury? 22 A. Yes. 23 MS. GAMBINO: If I could have just a 24 moment? 54 ROUGH DRAFT - NOT EDITED 1 THE COURT: Sure. 2 (Brief pause.) 3 BY MS. GAMBINO: 4 Q. Shonta, a little earlier when I asked you 5 what William's phone number was you said you believed 6 it to be 425-9517 was it actually 425-8157? 7 A. Yes, I think. 8 Q. Now, I want to ask you about -- you already 9 told us some of the contact you had with William's 10 family, that you knew his mother and his brother; 11 correct? 12 A. Yes. 13 Q. Did you know anybody else in his family? 14 A. His sister and a cousin. 15 Q. Okay. What was the cousin's name? 16 A. Donna. 17 Q. And how did you meet her? 18 A. Through him. 19 Q. How many times do you think you met her? 20 A. Once at my house and once at the Court 21 building here. 22 Q. Okay. Did you ever -- when you said you 23 met what was his sister's name? 24 A. Essence or Essential. 55 ROUGH DRAFT - NOT EDITED 1 Q. And did she have a nickname? 2 A. Yes. 3 Q. What was that? 4 A. Muffin. 5 Q. Is that what most people called her? 6 A. That's what I heard them calling her. 7 Q. And where did you meet muffin? 8 A. At his mom's house. 9 Q. Where else did you meet her? 10 A. At our luncheon. 11 Q. What kind of luncheon was that? 12 A. At 8th grade luncheon. 13 Q. Was it a graduation luncheon for her eighth 14 grade? 15 A. Yes. 16 Q. Who did you go to the luncheon with? 17 A. With William. 18 Q. Was it the rest of his family there his mom 19 and his sister? 20 A. Yes. 21 Q. Okay. Had you ever met any of William's 22 friends? 23 A. Yes. 24 Q. Did you know a guy by the name of Sleepy? 56 ROUGH DRAFT - NOT EDITED 1 A. Yes. 2 Q. How did you know Sleepy? 3 A. Through William. 4 Q. How about QB? 5 A. I don't remember. 6 Q. Okay. How about Damien? 7 A. Yes. 8 Q. Damo? 9 A. Yes. 10 Q. Where did you meet him? 11 A. At my job. 12 Q. Did he work there, too? 13 A. No. 14 Q. Did you know a guy named Christopher 15 Mitchell? 16 A. No. 17 Q. How about Robbyn Meyers? 18 A. No. 19 MS. THOMPSON: Objection to the relevance, 20 Judge. 21 THE COURT: Overruled. 22 BY MS. GAMBINO: 23 Q. Did you know a man by the name of 24 Mr. Graham? 57 ROUGH DRAFT - NOT EDITED 1 A. No. 2 MS. THOMPSON: Objection to the relevance. 3 THE COURT: Objection sustained. 4 MS. GAMBINO: May I approach? 5 THE COURT: Sure. 6 (Brief pause.) 7 THE COURT: Go ahead, Miss Gambino. 8 MS. GAMBINO: Thanks, Judge. 9 BY MS. GAMBINO: 10 Q. I'm going to show you some photos that have 11 been previously marked as People's Exhibit 167, 169, 12 203, 20, 21, 198 and 22. Beginning with People's 13 167, what's this a picture of? 14 A. The front of my building. 15 THE COURT: I'm sorry what did you say? 16 THE WITNESS: The front of the building. 17 BY MS. GAMBINO: 18 Q. Is that how the building looked in 2008? 19 A. Yes. 20 Q. Now, People's 169, what's this a picture 21 of? 22 A. My room. 23 MS. GAMBINO: Judge, this picture has 24 already been admitted. I'm asking it be published to 58 ROUGH DRAFT - NOT EDITED 1 the jury at this time. 2 MS. THOMPSON: No objection. 3 THE COURT: Okay. It can be published. 4 BY MS. GAMBINO: 5 Q. F-20. 6 Now, again you said this was your 7 bedroom? 8 A. Yes. 9 Q. And do you see anything in there that you 10 have been talking about today? 11 A. Yes. 12 Q. What? 13 A. The red jacket. 14 Q. Using your finger, I want you to touch the 15 screen and make a big circle around the red jacket 16 that you're talking about? 17 A. (Indicating.) 18 MS. GAMBINO: Thank you. May the record 19 reflect she has complied and I'd ask that the photo 20 be printed? 21 THE COURT: Okay. Let's see if it's 22 working now. 23 (Brief pause.) 24 MS. GAMBINO: Judge, I'll just go the 59 ROUGH DRAFT - NOT EDITED 1 old-fashioned way. 2 THE COURT: Okay. 3 BY MS. GAMBINO: 4 Q. Miss Cathey, I'm giving you back People's 5 169. That's still the same photo on the screen; 6 correct? 7 A. Correct. 8 Q. I'm going to give you a marker. Please 9 draw a big circle around the red jacket. 10 A. (Indicating.) 11 MS. GAMBINO: First of all she's complied 12 and drawn a circle around the red jacket pictured in 13 the photo. 14 BY MS. GAMBINO: 15 Q. Second, does this photo really look the way 16 your bedroom looked on October 24, 2008? 17 A. No, not when I left there. 18 Q. What was different? 19 A. It was junky. 20 Q. It was junkier? 21 A. Yes. 22 Q. Does that red jacket look like the red 23 jacket that William was wearing that day? 24 A. Yes. 60 ROUGH DRAFT - NOT EDITED 1 Q. Showing you People's 203 -- I'd ask that 2 this be published, Judge. It's already been 3 admitted. 4 Is that a closeup of the red Pelle 5 jacket? 6 A. Yes. 7 Q. Is that how it looked on October 24, 2008? 8 A. Yes. 9 Q. Showing you now what's been marked as 10 People's Exhibit Number 20 for identification. I'd 11 ask that this be published, Judge. 12 THE COURT: Go ahead. 13 BY MS. GAMBINO: 14 Q. Who is that? 15 A. William Balfour. 16 Q. What is he wearing in this picture? 17 A. A Nautica tee-shirt. 18 Q. Is that the shirt that he had on when he 19 came to your house under the Pelle jacket? 20 A. Yes. 21 Q. Showing you now what's marked as People's 22 21, I'd ask that this be published? 23 THE COURT: Go ahead. 24 61 ROUGH DRAFT - NOT EDITED 1 BY MS. GAMBINO: 2 Q. Can you see the rest of his outfit? 3 A. Yes. 4 Q. Are those the pants he had on when he came 5 to your house? 6 A. Yes. 7 Q. Showing you what's been marked as People's 8 1998, I'd ask that this be published? 9 THE COURT: Go ahead. 10 BY MS. GAMBINO: 11 Q. What are these? 12 A. The Timberland boots. 13 Q. And were those the boots that he was 14 wearing when he came back to your house wearing the 15 Pelle jacket? 16 A. Yes. 17 Q. Are these the boots he took from your house 18 when he was over at about noon? 19 A. Yes. 20 Q. And finally, showing you what's been marked 21 as People's 22, I'd ask that this be published. 22 THE COURT: Go ahead. 23 BY MS. GAMBINO: 24 Q. Do you recognize that? 62 ROUGH DRAFT - NOT EDITED 1 A. Yes. 2 Q. What is that? 3 A. William's car. 4 Q. Showing you what's been marked as People's 5 228 for identification, do you recognize this 6 document? 7 A. Yes. 8 Q. What is that? 9 A. The consent to search. 10 Q. And do you see your signature on it? 11 A. Yes. 12 Q. And is that document in the same or 13 substantially the same condition it was as when you 14 signed it in 2008? 15 A. Yes. 16 Q. And it indicates on the top the date and 17 time? 18 A. Yes. 19 Q. Showing you now what's been marked as 20 People's Exhibit 29C for identification. What is 21 this that I'm showing you? 22 A. Some keys with a key ring on it, a key 23 chain. 24 THE COURT: I'm sorry. Could you repeat 63 ROUGH DRAFT - NOT EDITED 1 that again? 2 THE WITNESS: Yes. Some keys with a key 3 ring on it -- with key rings on it and a key chain. 4 MS. GAMBINO: Judge, could she get a glass 5 of water, please? 6 THE COURT: Sure. Can we do that, please? 7 Thank you. 8 (Brief pause.) 9 BY MS. GAMBINO: 10 Q. Now, Miss Cathey, you said this was a key 11 ring; correct? 12 A. Yes. 13 Q. Do you recognize it? 14 A. Yes. 15 Q. How do you recognize it? 16 A. I bought it. 17 Q. For who? 18 A. William. 19 Q. And what part of this did you buy? 20 A. The key chain. 21 Q. The part that says, World's -- 22 A. World's Best Friend. 23 Q. And is this attached to a key ring that you 24 saw him with back in 2008? 64 ROUGH DRAFT - NOT EDITED 1 A. Yes. 2 Q. When he had that key ring in 2008, was 3 there anything else on it that you don't see now? 4 A. Yes. 5 Q. What was that? 6 A. A key ring of the Eiffel Tower. 7 Q. So a little attachment like this but of the 8 Eiffel Tower? 9 A. Yes. 10 Q. Was it flat? 11 A. No. 12 Q. What was it like? 13 A. It was actually made like steel plated with 14 the Eiffel Tower on it. 15 Q. And that's not on this key ring. 16 Showing you what's previously been 17 mark as People's Exhibit 209. Do you recognize this? 18 A. Yes. 19 Q. What's this? 20 A. The Pelle coat. 21 Q. And is this the Pelle coat that William was 22 wearing that day? 23 A. Yes. 24 Q. Does this look the same or substantially 65 ROUGH DRAFT - NOT EDITED 1 the same as it did in 2008? 2 A. Yes. 3 Q. Before that day, had you ever seen the red 4 Pelle jacket before? 5 A. Yes. 6 Q. Before that day, had you ever seen the 7 white hoody that he was wearing? 8 A. No. 9 MS. GAMBINO: If I could have a moment? 10 THE COURT: Sure. 11 (Brief pause.) 12 BY MS. GAMBINO: 13 Q. Showing -- showing you now -- 14 THE COURT: The gun is safe I assume. 15 MS. GAMBINO: Yes. 16 BY MS. GAMBINO: 17 Q. Showing you what's been marked as People's 18 Number 27 for identification, do you recognize that? 19 A. Yes. 20 Q. What is that? 21 A. The gun that I saw William with. 22 Q. Which part of this gun has the silver on 23 it? 24 A. The top part. 66 ROUGH DRAFT - NOT EDITED 1 Q. Could you point to it now? 2 A. Right here. 3 Q. Does this gun look the same or 4 substantially the same as when you saw it with 5 William? 6 A. Yes. 7 Q. Now I'm showing you People's Number 23. Do 8 you recognize this jacket, this tan suede jacket? 9 A. Yes. 10 Q. Did you ever see William with that before? 11 A. Yes. 12 Q. Did you see him with it on October 24, 13 2008? 14 A. No. 15 MS. GAMBINO: Thank you, Miss Cathey. I 16 have no more questions right now. 17 THE COURT: Okay. Does anybody need a 18 break? Is everybody okay? 19 MS. THOMPSON: It's going to take me a 20 minute to set up, Judge. I have a lot of documents. 21 THE COURT: Okay. Go ahead. 22 (Brief pause.) 23 THE COURT: Okay. We've got everybody in? 24 Sheriff, can you check and make sure that no one else 67 ROUGH DRAFT - NOT EDITED 1 is coming in? Otherwise, we're going to start and 2 the door is going to shot. 3 THE COURT: Okay. Miss Thompson, you may 4 inquire. 5 MS. THOMPSON: Thank you. 6 CROSS EXAMINATION 7 BY MS. THOMPSON: 8 Q. Good afternoon, Miss Cathey. 9 A. Good afternoon. 10 Q. Miss Cathey, in April or May of 06 is when 11 you met William Balfour? 12 A. Yes. 13 Q. You met him while you were working at Cosi? 14 A. Yes. 15 Q. His brother had worked at Cosi with you 16 before? 17 A. Yes. 18 Q. And William start working there right 19 around that time? 20 A. Yes. 21 Q. You were a sandwich maker? 22 A. Yes. 23 Q. He was a baker and a sandwich maker? 24 A. Yes. 68 ROUGH DRAFT - NOT EDITED 1 Q. And when you met William, you knew or soon 2 learned that he was married; right? 3 A. Yes. 4 Q. You started to be friends with him? 5 A. Yes. 6 Q. And after awhile, you had an intimate 7 relationship? 8 A. Correct. 9 Q. That intimate relationship began in 07; 10 right? 11 A. Yes. 12 Q. And at that time, you believed that William 13 was separated from his wife? 14 A. Not at the beginning of our intimate 15 relationship, no. 16 Q. So when you started to sleep with William, 17 you knew he was married and not separated? 18 A. Yes. 19 Q. And he would come to your house to be 20 intimate with you? 21 A. Yes. 22 Q. It was sometime after that that he started 23 to leave clothes at your house; right? 24 A. Yes. 69 ROUGH DRAFT - NOT EDITED 1 Q. And he would visit you even while he was 2 married to his wife? 3 A. Yes. 4 Q. After that, he moved in in a way with you; 5 right? 6 A. Three or four nights a week. 7 Q. And the other nights of the week, he'd live 8 somewhere else? 9 A. Yes. 10 Q. He'd stay at other people's places? 11 A. Correct. 12 Q. And when he was staying at other people's 13 places, you thought at first it was his mother's? 14 A. That's what he would tell me. 15 Q. He would lie to you; right? 16 A. Correct. 17 Q. Because you found out in the summer of 08 18 that he had another girlfriend? 19 A. Yes. 20 Q. A woman named Toshia? 21 A. Correct. 22 Q. You asked him about Toshia? 23 A. Yes. 24 Q. He lied to you; right? 70 ROUGH DRAFT - NOT EDITED 1 A. Right. 2 Q. He never told you that he had a 3 relationship with Toshia? 4 A. Right. 5 Q. But you found out that he did; right? 6 A. Yes. 7 Q. And this was before the night of October 8 23rd of 2008; right? 9 A. Yes. 10 Q. Now, you -- by that time you had been fired 11 from Cosi; right? 12 A. Correct. 13 Q. You had been fired because you were often 14 late? 15 A. Yes. 16 Q. And after that you started working a 17 different job; right? 18 A. Yes. 19 Q. At McDonald's? 20 A. Yes. 21 Q. You got fired from that job, too; right? 22 A. No. 23 Q. You no longer work at McDonald's, do you? 24 A. No. 71 ROUGH DRAFT - NOT EDITED 1 Q. How did you -- how did you leave your job 2 at McDonald's? 3 A. After I October 24th I stopped going. 4 Q. Now, when you started your relationship 5 with William and he would come to stay at your house, 6 he had contact with your children? 7 A. Yes. 8 Q. He was good to your children? 9 A. Yes. 10 Q. And you never had any problems with him and 11 the relationship and the house; right? 12 A. No. 13 Q. He was good to you? 14 A. Yes. 15 Q. He was good to your children? 16 A. Yes. 17 Q. But after you found out about Toshia, you 18 started to wonder where he was spending his nights, 19 weren't you? 20 A. No. 21 Q. Well, you found out that he had another 22 woman that he was intimate with besides you; right? 23 A. Correct. 24 Q. And you knew there were nights he spent 72 ROUGH DRAFT - NOT EDITED 1 away from your home; right? 2 A. Yes. 3 Q. Now, I want to talk to you about the night 4 of October 23rd of 2008. On that night, your 5 daughter's birthday, her fifth birthday was that 6 night? 7 A. Yes. 8 Q. He came to your house to get ice cream for 9 your daughter? 10 A. Cake and ice cream he took me to get it. 11 Q. And you're saying that he was there for 12 about 40 minutes after that? 13 A. Yes. 14 Q. And then he went somewhere else? 15 A. Correct. 16 Q. He went to 83rd and Ellis? 17 A. No, he didn't say that. 18 Q. He said he was going south? 19 A. Yes. 20 Q. You found out he went to 83rd and Ellis? 21 A. That's what he said. 22 Q. Well, you found that out; right? 23 A. Correct. 24 Q. And on that night, he told you when he left 73 ROUGH DRAFT - NOT EDITED 1 that he was coming back to stay with you; right? 2 A. Yes. 3 Q. And you expected him to come back and spend 4 the night with you? 5 A. Yes. 6 Q. At some time around 10:00 or 9:00, he 7 called you; right? 8 A. Yes. 9 Q. And he told you he was not coming back? 10 A. No. 11 Q. He told you he was having car problems? 12 A. Yes. 13 Q. He knew you didn't have a car? 14 A. Yes. 15 Q. He told you he would stay at his 16 godmother's; right? 17 A. He told me that's where he will be at. 18 Q. You asked him if he wanted a ride? 19 A. Yes. 20 Q. He told you, no? 21 A. No. 22 MS. THOMPSON: If I could have just a 23 moment? 24 (Brief pause.) 74 ROUGH DRAFT - NOT EDITED 1 BY MS. THOMPSON: 2 Q. He told you that he was okay; right? 3 A. He told me that he needed a jack for his 4 car. 5 Q. And he knew you didn't have a car? 6 A. Correct. 7 Q. He didn't give you an address of where he 8 was, did he? 9 A. No. 10 Q. He just gave you a corner? 11 A. Yes. 12 Q. He didn't tell you, come and pick me up at 13 and gist at something and Ellis; right? 14 A. Right. 15 Q. You spent that night finding him a jack for 16 his car; right? 17 A. Yes. 18 Q. Then you spent your night finding a ride to 19 get down there? 20 A. Yes. 21 Q. And in between, you hadn't spoken to 22 William; right? 23 A. No -- yes, yes, I did to let him know I had 24 the jack. 75 ROUGH DRAFT - NOT EDITED 1 Q. You called him to tell him you were on your 2 way? 3 A. Yes. 4 Q. And he answered the phone when you called; 5 right? 6 A. I don't -- I don't think so. 7 Q. So you left a message on his phone? 8 A. No, when I talked to him and he told me 9 that the oil pan had busted on his car he told me 10 where he was and he told me he needed a jack. 11 Q. And you just testified that you called him 12 to tell him you were on your way? 13 A. I told him I was going to find a jack and I 14 was going to bring it out there to him. 15 Q. Did you call him then to tell him that you 16 were coming to get him? 17 A. Yes. 18 Q. Did he answer the phone? 19 A. I don't think so. 20 Q. Did you leave a message? 21 A. No. 22 Q. Now, you said that you found Demetrios 23 Redmond -- he's actually your sister's boyfriend; 24 right? 76 ROUGH DRAFT - NOT EDITED 1 A. Yes. 2 Q. And he was near the house or in the house 3 at that time; right? 4 A. Yes. 5 Q. And he had a Suburban? 6 A. Correct. 7 Q. And he drove you down there to pick up 8 William? 9 A. Yes, to take the jack to him. 10 Q. Now, when you got down there, you saw 11 William's car on Ellis; right? 12 A. Yes. 13 Q. You recognized it as William's car? 14 A. Yes. 15 Q. But he wasn't standing by his car waiting 16 for you, was he? 17 A. No. 18 Q. He wasn't anywhere to be seen near the car? 19 A. No. 20 Q. So you tried to find him? 21 A. Yes. 22 Q. And the first thing you did, was you went 23 up and down the block blowing the horn of the car? 24 A. Yes. 77 ROUGH DRAFT - NOT EDITED 1 Q. And you did that for quite some time; 2 right? 3 A. Yes. 4 Q. You did it for long enough that the police 5 came and told you to move off the block; right? 6 A. Yes. 7 Q. That you were disturbing everyone? 8 A. Yes. 9 Q. An after that you had to find a way to try 10 to call William? 11 A. Yes. 12 Q. And what you did to try to call William was 13 you found a gas station? 14 A. Yes. 15 Q. You didn't have a cell phone; right? 16 A. No. 17 Q. And you couldn't just pick up a phone and 18 call him right there? 19 A. Yes. 20 Q. You had to go somewhere to do it? 21 A. Right. 22 Q. And you did that? 23 A. At the gas station. 24 Q. And at the gas station, you called home? 78 ROUGH DRAFT - NOT EDITED 1 A. Correct. 2 Q. And the reason you called home, you said, 3 was because you only had 50 cents? 4 A. Yes. 5 Q. And it was also because you wanted William 6 to see your number so he would know to pick up; 7 right? 8 A. Yes. 9 Q. So you knew that William's phone had caller 10 ID? 11 A. Why he. 12 Q. So he could see who was calling him? 13 A. Yes. 14 Q. And when you called he didn't answer? 15 A. No. 16 Q. He didn't pick up the phone? 17 A. No. 18 Q. And he never came out to 83rd and Ellis by 19 his car when you were looking for him, did he? 20 A. No. 21 Q. On your way back to your home, you got 22 stopped by the police again? 23 A. Yes. 24 Q. But they just stopped you and then they let 79 ROUGH DRAFT - NOT EDITED 1 you go, it wasn't an arrest of any kind? 2 A. No. 3 Q. In fact, Miss Cathey, you don't have much 4 contact with police; right? 5 A. No. 6 Q. You have never had a lot of -- occasion to 7 be in a police station? 8 A. No. 9 Q. So after they stopped you on the street, 10 they sent you home? 11 A. No, we went home. They didn't send us 12 home. 13 Q. They said it was okay for you to go home? 14 A. Yes. 15 Q. That was both you and Demetrios? 16 A. Yes. 17 Q. And you went back to your house? 18 A. Correct. 19 Q. And when you got back to your house, you 20 picked up the phone immediately right; right? 21 A. Yes. 22 Q. And you tried to call William? 23 A. Yes. 24 Q. On the number he would recognize? 80 ROUGH DRAFT - NOT EDITED 1 A. Yes. 2 Q. You called him once? 3 A. More than once. 4 Q. You called him five or six times? 5 A. Yes. 6 Q. And he not once picked up the phone? 7 A. No. 8 Q. It rang each time? 9 A. Yes. 10 Q. And he never answered? 11 A. Yes. 12 Q. And you didn't hear from him again until 13 the next morning, did you? 14 A. Correct. 15 Q. About 7:30 in the morning? 16 A. Yes. 17 Q. He didn't even apologize? 18 A. No. 19 Q. He didn't even explain? 20 A. No. 21 Q. He did come home to you on the day of 22 October 24th; right? 23 A. Yes. 24 Q. Now, you said today that he came home 81 ROUGH DRAFT - NOT EDITED 1 sometime after 12:00; right? 2 A. That was when he first came. 3 Q. Now, you previously said that he came to 4 your house at 11:00; right? 5 A. Correct. 6 Q. But today you're saying it was 12:00? 7 A. Yes. 8 Q. Now, when you got to -- when he got to your 9 house, you said he came in and he changed his shoes; 10 right? 11 A. No, he didn't. 12 Q. I'm not saying immediately but while he was 13 at your house, you're saying that he came in with 14 Jordans and he left with boots; right? 15 A. He came in with Jordans and he took the 16 boots with him. 17 Q. Okay. I apologize. Do you remember -- so 18 it's your testimony that he did not come in wearing 19 boots? 20 A. Not earlier that day, no. 21 Q. Now, you testified previously at a 22 deposition in this case? 23 A. Yes. 24 Q. I was there, I asked you some questions? 82 ROUGH DRAFT - NOT EDITED 1 A. Correct. 2 Q. The State's Attorneys were also there? 3 A. Correct. 4 Q. There was a video camera? 5 A. Yes. 6 Q. And at that time, talking about when 7 William came to your house, you were asked these 8 questions and you gave these answers: Page 68. It's 9 line 10? 10 MS. GAMBINO: Judge, I would just ask that 11 a foundation be laid as to time and place. 12 THE COURT: Okay. Well, give the time and 13 place, Miss Thompson. 14 MS. THOMPSON: That deposition happened -- 15 is she asking for the deposition, Judge, or the time 16 he came to the house. 17 THE COURT: I think she's talking about the 18 date and time of the deposition for foundation; is 19 that correct, Miss Gambino? 20 MS. GAMBINO: That's correct, Judge. 21 BY MS. THOMPSON: 22 Q. That deposition was given here in this 23 building? 24 A. Yes. 83 ROUGH DRAFT - NOT EDITED 1 Q. It was given in August of 2010? 2 A. Yes. 3 Q. And you were under oath? 4 A. Yes. 5 Q. And it was explained to you that if you 6 didn't understand a question you could ask me; right? 7 A. Yes. 8 Q. And it was explained to you if you forgot 9 anything or you needed to add anything you could do 10 that; right? 11 A. Yes. 12 Q. And when you were asked questions about 13 when William got to your house, you were asked some 14 questions about what he was wearing; right? 15 A. Yes. 16 Q. And at that time you were asked this 17 question and you gave this answer: Page 68, line 10 18 and when he knocked at the door and you opened it, 19 what was he wearing? 20 "Answer: He had on a white hoody, 21 sweater, some black pants and some boots. That was 22 your answer; right? 23 A. Yes. 24 Q. You didn't say anything about picking boots 84 ROUGH DRAFT - NOT EDITED 1 up and taking them with you -- with him; right? 2 A. No. 3 Q. You gave a handwritten statement in this 4 case; correct? 5 A. Yes. 6 Q. That handwritten statement was taken at the 7 police station on October 27th in Area 1? 8 A. Yes. 9 Q. And at that time the State's Attorney and 10 the detective were talking with you? 11 A. Yes. 12 Q. And they wrote down what you said? 13 A. Yes. 14 Q. After they wrote it down you had an 15 opportunity to review it? 16 A. Correct. 17 Q. You could read each page? 18 A. Yes. 19 Q. And make changes to each page? 20 A. Yes. 21 Q. Now, in that handwritten statement, you 22 also talk about what William was wearing, don't 23 you? 24 A. Yes. 85 ROUGH DRAFT - NOT EDITED 1 Q. And you say that he came to your house and 2 he was wearing a sweater with a hood on it when he 3 came to her house along with black jeans and those 4 were the same clothes he had on when he left the 5 house and said he would be back; right? 6 A. Yes. 7 Q. You never said anything about picking up 8 some boots and taking them out? 9 A. No. 10 Q. Now, Miss Cathey, on the day that William 11 came to your house, you said that you had some people 12 there during the time that William was there, the 13 second time he came; right? 14 A. Correct. 15 Q. You had some friends over? 16 A. Yes. 17 Q. They were kind of a surprise visit, some of 18 them; right? 19 A. Yes. 20 Q. Some of them were people from the 21 neighborhood? 22 A. No. 23 Q. Well, there was Juanita Gary that was there 24 for some time; right? 86 ROUGH DRAFT - NOT EDITED 1 A. Yes. 2 Q. And a Katrina Fisher, who is not from the 3 neighborhood, but who you saw in the neighborhood? 4 A. Yes. 5 Q. And William came in and he went into the 6 bedroom? 7 A. Yes. 8 Q. Now when he came in, it was 3:00 o'clock or 9 after; right? 10 A. The last time he came in, yes. 11 Q. So it was after 3:00 o'clock? 12 A. Yes. 13 Q. And he was upset? 14 A. Yes. 15 Q. He had a headache? 16 A. Yes. 17 Q. He went to his room upset; right? Or your 18 room? I'm sorry. 19 A. My room, yes. 20 Q. And when he was in that room during most of 21 the evening and afternoon, his phone was ringing a 22 lot; right? 23 A. Yes. 24 Q. And he was calling other people a lot? 87 ROUGH DRAFT - NOT EDITED 1 A. I guess. I'm not sure because I didn't see 2 him dial a number. 3 Q. But you heard a lot of phone calls coming 4 to him? 5 A. Yes. 6 Q. And he was spending a lot of time on his 7 phone in that room? 8 A. Yes. 9 Q. And it was after that that you saw -- you 10 got a call; right? 11 A. Yes. 12 Q. And after you got a call, you turned on the 13 news? 14 A. Yes. 15 Q. Now, at this time, you hadn't call the 16 police? 17 A. No. 18 Q. You -- now, at some point you testified you 19 left the house? 20 A. Yes. 21 Q. And you went out of the house with your 22 friend Katrina; right? 23 A. Correct. 24 Q. Now, your kids were in the house? 88 ROUGH DRAFT - NOT EDITED 1 A. Yes. 2 Q. You didn't take your kids with you when you 3 left? 4 A. No. 5 Q. You walked out of the house? 6 A. Yes. 7 Q. Right? And you left your children there 8 with William Balfour? 9 A. Right. 10 Q. And you came back to the house with beer? 11 A. Yes. 12 Q. And it was after that that you got this 13 call? 14 A. No, it was before that. 15 Q. So you had already seen the news; right? 16 A. Yes. 17 Q. And the news detailed some of what happened 18 to the Hudson family; correct? 19 A. Yes. 20 Q. It told you that Julia's brother had been 21 shot; right? The news said that? 22 A. I don't remember. 23 Q. The news also said that his mother had been 24 shot; right? 89 ROUGH DRAFT - NOT EDITED 1 MS. GAMBINO: Objection to the form of the 2 question, Judge. 3 THE COURT: Can you answer that question, 4 Miss Cathey? 5 THE WITNESS: Yes. 6 BY MS. THOMPSON: 7 Q. And it also said that they didn't know 8 where Julian King, the little boy was; right? 9 A. I'm not sure. I don't remember. 10 Q. Well, you remember that you saw a news item 11 specifically about the Hudson family; right? 12 A. Correct. 13 Q. And it specifically told you that they were 14 looking for William at that time? 15 A. Yes. 16 Q. You didn't call the police at that point? 17 A. No. 18 Q. I want to talk to you now about what 19 happened when the police came to your house. You 20 said that the police entered your house; right? 21 A. Yes. 22 Q. They actually kicked in the back door, 23 didn't they? 24 A. Correct. 90 ROUGH DRAFT - NOT EDITED 1 Q. The first thing you heard when the police 2 entered your house as you have described it was a big 3 bang? 4 A. Correct. 5 Q. And when you saw the people entering the 6 front of the house the police officer had a shotgun 7 with him; right? 8 A. Yes. 9 Q. The first officer that approached you had a 10 shotgun with him? 11 A. Yes. 12 Q. And there were other officers that had 13 their guns drawn; right? 14 A. Correct. 15 Q. Your kids were in the house? 16 A. Yes. 17 Q. They were everywhere, there were eight kids 18 in the house; right? 19 A. Correct. 20 Q. And these officers came in with guns drawn? 21 A. Yes. 22 Q. They told you to get down on the ground; 23 right? 24 A. Yes. 91 ROUGH DRAFT - NOT EDITED 1 Q. You said today that William didn't get down 2 on the ground; right? 3 A. No. 4 Q. I'm going to talk to you again about that 5 deposition you gave back in August of 2010. Now, you 6 said that he was trying to come out of the bedroom 7 today; right? 8 A. Yes. 9 Q. And then he ran? 10 A. He was coming out of the bedroom. 11 Q. And then he ran? 12 A. He didn't actually run. He was coming down 13 the hall. 14 Q. Now, and then you said he didn't get on the 15 ground; right? 16 A. He was resisting. 17 Q. Okay. Back in 2010, were you asked this 18 question and and did you give this answer: 19 It's actually two, it's Page 128, 7 20 through the next question and answer? 21 THE COURT: This is 2010. 22 BY MS. THOMPSON: 23 Q. At 2010 date of deposition you were asked 24 these questions and you gave these answers. 92 ROUGH DRAFT - NOT EDITED 1 "Question: You saw did he walk out 2 or was he brought out? 3 "Answer: No, he walked out cuz like 4 I said when we heard the boom everybody jumped, all 5 the people. Me him and Katrina jumped to see where 6 it was coming from. 7 And then you said everyone got on the 8 ground. Did William get on the ground, too? 9 "Answer: Yes. 10 You were asked those questions and 11 you gave those answers; correct? 12 A. Correct. 13 Q. You didn't say anything about him 14 resisting; right? 15 MS. GAMBINO: Objection. Sidebar, please. 16 MS. THOMPSON: Your Honor, you didn't say 17 anything about him not getting to the ground; right? 18 I'm going to go forward to clear this up, Judge. 19 THE COURT: Okay. Please if you're trying 20 to impeach her from the transcript make sure that you 21 read from the transcript, not just pick parts of it. 22 Go ahead. 23 MS. THOMPSON: I will, Judge. 24 93 ROUGH DRAFT - NOT EDITED 1 BY MS. THOMPSON: 2 Q. Later on you do say that he resists when 3 they tried to put handcuffs on him; right? 4 A. Right. 5 Q. That he tries to prevent them from putting 6 handcuffs on him; right? 7 A. Right. 8 Q. But that's when he was on the ground; 9 right? 10 A. Right. 11 Q. Now, I want to talk to you about what 12 happened to you when you were at the police station. 13 Okay? 14 A. Okay. 15 Q. You stayed at the house for a little bit of 16 time after William was taken out? 17 A. Yes. 18 Q. And William was taken out in handcuffs? 19 A. Correct. 20 Q. And he was driven away from you and from 21 the house? 22 A. Yes. 23 Q. When you were there, you were sitting with 24 a Sergeant Sanchez? 94 ROUGH DRAFT - NOT EDITED 1 A. I'm not sure if his name is Sergeant 2 Sanchez but I was sitting there, sitting in the 3 kitchen with a sergeant, yeah, an officer. 4 Q. And they asked you to come to the police 5 station? 6 A. Yes. 7 Q. And they drove you to the police station? 8 A. Yes. 9 Q. They didn't handcuff you then? 10 A. No. 11 Q. They never handcuffed you? 12 A. No. 13 Q. But what they did was they took you to a 14 police station? 15 A. Yes. 16 Q. And they put you in a room? 17 A. Yes. 18 Q. The only thing in the room was a bench? 19 A. Correct. 20 Q. And was a wooden topped bench? 21 A. Yes. 22 Q. And a waste basket? 23 A. Yes. 24 Q. You could see that there was a camera; 95 ROUGH DRAFT - NOT EDITED 1 right? 2 A. Correct. 3 Q. And the door closed? 4 A. Yes. 5 Q. And when you wanted to get out, you had to 6 go to the bathroom several times when you were there; 7 right? 8 A. Yes. 9 Q. And in order for you to go to the bathroom, 10 you had to knock on the door? 11 A. Beat on the door, yes. 12 Q. And they'd have to come and let you out? 13 A. Correct. 14 Q. So you knew you weren't leaving until they 15 wanted you to leave; right? 16 A. Yes. 17 Q. In fact, you knew that you were locked in 18 that room until the police were satisfied with you; 19 right? 20 MS. GAMBINO: Objection. 21 THE COURT: Objection sustained. 22 BY MS. THOMPSON: 23 Q. Well, you knew that the police came and 24 talked to you; right? 96 ROUGH DRAFT - NOT EDITED 1 A. Yes. 2 Q. They would come two at a time? 3 A. Yes. 4 Q. They would talk to you? 5 A. Yes. 6 Q. They wouldn't like your answer? 7 A. Correct. 8 MS. GAMBINO: Objection. 9 THE COURT: Objection sustained. 10 BY MS. THOMPSON: 11 Q. They would tell you they didn't believe 12 you? 13 A. Yes. 14 Q. And then they'd leave? 15 A. Yes. 16 Q. Sometimes hours at a time? 17 A. Yes. 18 Q. Sometimes real quick, they'd come and go? 19 A. Yes. 20 Q. It kept going over the course of hours; 21 right? 22 A. Correct. 23 Q. And while you were in that room for a long 24 time you kept telling them that William was at your 97 ROUGH DRAFT - NOT EDITED 1 house sometimes it's at 10:00, sometimes at 11:00; 2 right? 3 A. Correct. 4 Q. And they would leave you locked in that 5 room after you told them that; right? 6 A. Yes. 7 Q. And you came down to the police station 8 between 6:00 o'clock and 7:00 o'clock on October 9 23rd? 10 A. Correct. 11 MS. GAMBINO: Objection. 12 THE COURT: Overruled. 13 MS. GAMBINO: It wasn't October 23rd. 14 MS. THOMPSON: I'm sorry. October 24th. 15 THE COURT: Okay. We all know the date. 16 Okay. Go ahead. 17 BY MS. THOMPSON: 18 Q. And you stayed in that room until they were 19 going to take you somewhere else; right? 20 A. I didn't stay in the room the whole time I 21 was there. 22 Q. They brought you out sometimes? 23 A. Yes. 24 Q. And then they put you back in? 98 ROUGH DRAFT - NOT EDITED 1 A. No. When I first was there, a couple of 2 hours five or six hours I was in that particular 3 room. And then they took me to another room. 4 Q. Okay. At some point, they left you alone 5 long enough that you fell asleep? 6 A. Yes. 7 Q. When you went there it was dark outside; 8 right? 9 A. Correct. 10 Q. And there was no windows in those rooms? 11 A. In that room, no, it wasn't. 12 Q. And you were in there long enough to fall 13 asleep? 14 A. Yes. 15 Q. And there's no clock on the wall? 16 A. No. 17 Q. You couldn't call anyone? 18 A. No. 19 Q. And it wasn't until after you had been 20 there for hours, in fact, the next day that you told 21 them something different; right? 22 A. Yes. 23 Q. Now, Ms. Cathey, I want to ask you a 24 question about the police and taking you home. The 99 ROUGH DRAFT - NOT EDITED 1 day that you went down to the police station was 2 Friday; right? 3 A. Yes. 4 Q. On Saturday the police took you to your 5 house for a specific purpose; right? 6 A. They was taking me home. 7 Q. Well, they took you to your house to look 8 for a bus card, didn't they? 9 A. They asked me about that on the way there, 10 yes. 11 Q. So they took you and asked you to look for 12 a bus card? 13 A. They asked me when I go in if I seen one 14 would I let them know. 15 Q. Miss Cathey, since the time that this 16 happened, you haven't spoken to William Balfour; 17 correct? 18 A. Correct. 19 Q. You have spoken to the people at this 20 table; right? 21 A. Yes. 22 Q. How many times would you say you have 23 spoken to the people at this table? 24 A. About five or six. 100 ROUGH DRAFT - NOT EDITED 1 Q. And that's since 2008? 2 A. Yes. 3 MS. THOMPSON: If I could have a moment, 4 Judge? 5 THE COURT: Sure. Take your time. 6 (Brief pause.) 7 BY MS. THOMPSON: 8 Q. Miss Cathey, I'm going to take you back to 9 the day of October 24th. You said at 7:30 William 10 called you; right? 11 A. Correct. 12 Q. He also called you right before 13 1:00 o'clock; right? 14 A. Yes. 15 Q. And it was sometime after that that you saw 16 him again; right? 17 A. Yes. 18 Q. It was a few minutes after that; right? 19 A. No. 20 MS. THOMPSON: Just a moment, Judge. 21 (Brief pause.) 22 MS. THOMPSON: Thank you, Judge. 23 THE COURT: Redirect? 24 MS. GAMBINO: Thank you, Judge. 101 ROUGH DRAFT - NOT EDITED 1 REDIRECT EXAMINATION 2 BY MS. GAMBINO: 3 Q. By the way, Miss Cathey, since 2008 have 4 you met with the people at that table a couple of 5 times, too? 6 A. Yes. 7 Q. And, in fact, this deposition lasted for 8 almost four hours; isn't that correct? 9 A. Yes. 10 Q. Also at that deposition, Page 127, lines 9 11 down. Okay when you said I'm going to take you back 12 to when you saw William you said he was tussling with 13 them. That's who you were talking about when you 14 said, he; right? 15 Right. 16 What did you see William do? 17 "Answer -- this is your answer: 18 Like refusing to be arrested to be handcuffed he was 19 pulling and jerking like un-uhn don't handcuff me. 20 Is that what you told them before you 21 told them that he walked out when he was brought out 22 of the room? 23 A. Say that again. 24 Q. Did you tell them that he was tussling with 102 ROUGH DRAFT - NOT EDITED 1 the police? 2 A. Refusing to be arrested -- handcuffed, yes. 3 Q. Okay. When you were at the police station 4 and you kept lying to the police for hours -- 5 MS. THOMPSON: Objection to the form of the 6 question. 7 THE COURT: Sustained. 8 BY MS. GAMBINO: 9 Q. When you were at the police station and 10 telling them that William had been at your house at 11 10:00 a.m., was that the truth? 12 A. No. 13 Q. At some point, did the police confront you 14 with William's cell phone records? 15 A. They didn't show me any records. 16 Q. But did they tell you they had his records? 17 A. They said yes. 18 Q. Did they tell you how could he have been at 19 your house if you called him at 10:56? 20 MS. THOMPSON: Objection. 21 BY THE WITNESS: 22 A. Yes. 23 THE COURT: Objection sustained. 24 103 ROUGH DRAFT - NOT EDITED 1 BY MS. GAMBINO: 2 Q. Did they tell you about phone calls that 3 were made between you and him after 10:00 o'clock? 4 A. Yes. 5 MS. THOMPSON: Objection, Judge. 6 THE COURT: Objection is overruled. The 7 answer stands. 8 Is there anything else? 9 MS. GAMBINO: Yes. 10 BY MS. GAMBINO: 11 Q. When you went back to your apartment on 12 Saturday you said the police wanted you to look for a 13 bus card? 14 A. They asked me to see if I seen one. 15 Q. When you went in the house did you find a 16 bus card? 17 A. No. 18 MS. GAMBINO: Thank you. 19 THE COURT: Anything else? 20 MS. THOMPSON: Just one question, Judge. 21 CROSS EXAMINATION 22 BY MS. THOMPSON: 23 Q. Miss Cathey? 24 A. Yes. 104 ROUGH DRAFT - NOT EDITED 1 Q. Have you ever agreed to meet with us when 2 they weren't there? 3 MS. GAMBINO: Objection. 4 THE COURT: Say it again. 5 THE COURT: First off we're talking about a 6 day, we're talking about particular people. I think 7 for the record because the record doesn't have -- 8 MS. THOMPSON: Okay. 9 BY MS. THOMPSON: 10 Q. Miss Cathey, have you ever agreed to meet 11 with the defense attorneys when the State's Attorneys 12 weren't there? 13 A. No. 14 MS. GAMBINO: Objection. 15 THE COURT: Overruled. The answer stands. 16 MS. THOMPSON: Nothing further, Judge. 17 THE COURT: Okay. No other questions. 18 MS. GAMBINO: No other questions. 19 THE COURT: Okay. Thank you, Miss Cathey. 20 You may step down, please. Do not discuss your 21 testimony with anyone who may testify in this matter. 22 (Witness excused.) 23 * * * 24 105 ROUGH DRAFT - NOT EDITED 1 STATE OF ILLINOIS ) 2 ) SS: 3 COUNTY OF C O O K ) 4 I, JO ANN KROLICKI, an Official Shorthand 5 Reporter for the Circuit Court of Cook County, County 6 Department, Criminal Division, do hereby certify that 7 I reported in shorthand the proceedings had in the 8 above-entitled cause, and that the foregoing is a 9 true and correct transcript of my shorthand notes so 10 taken before Judge Charles P. Burns on April 27, 11 2012. 12 13 JO ANN KROLICKI, CSR, RPR 14 OFFICIAL COURT REPORTER ILLINOIS LICENSE NO. 084-002215 15 16 17 18 19 20 21 22 23 24 106 ROUGH DRAFT - NOT EDITED 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 107