1 SUPERIOR COURT OF THE STATE OF CALIFORNIA 2 IN AND FOR THE CITY AND COUNTY OF SAN FRANCISCO 3 4 MYDRA MCGARR, 5 Plaintiff, 6 versus NO. CGC 08-478204 7 TENDERLOIN HOUSING CLINIC, INC., CHANEL SAMUEL, 8 and DOES 1 to 25, inclusive, 9 Defendants. ____________________________/ 10 11 12 13 14 DEPOSITION OF JAMES KANG FEBRUARY 13, 2009 15 SAN FRANCISCO, CALIFORNIA 16 17 18 19 20 ATKINSON-BAKER, INC. 21 COURT REPORTERS 800-288-3376 22 www.depo.com 23 REPORTED BY: DEBRA L. ACEVEDO-RAMIREZ, RPR, CSR. 7692 24 FILE NO: A30113D 25 1 1 I N D E X 2 DEPOSITION OF JAMES KANG 3 FRIDAY, FEBRUARY 13, 2009 PAGE 4 EXAMINATION BY MR. WEISS 5 5 6 E X H I B I T S 7 8 A - INCIDENT REPORT - HARTLAND HOTEL 32 9 --o0o-- 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2 1 SUPERIOR COURT OF THE STATE OF CALIFORNIA 2 IN AND FOR THE CITY AND COUNTY OF SAN FRANCISCO 3 4 MYDRA MCGARR, Plaintiff, 5 versus NO. CGC 08-478204 6 TENDERLOIN HOUSING CLINIC, 7 INC., CHANEL SAMUEL, and DOES 1 to 25, 8 inclusive, Defendants. 9 ____________________________/ 10 11 Pursuant to Notice of Taking of Deposition, 12 and on February 13, 2009, commencing at the hour of 13 9:38 a.m. thereof, at the LAW OFFICES OF WILLIAM E. 14 WEISS, 130 Sutter Street, 7th Floor, San Francisco, 15 California 94104, before me, DEBRA L. ACEVEDO-RAMIREZ, 16 Certified Shorthand Reporter in and for the City and 17 County of San Francisco, State of California, there 18 personally appeared: 19 JAMES KANG, 20 called as a witness by the plaintiff, who, being by me 21 first duly sworn, was thereupon examined and 22 interrogated as hereinafter set forth. 23 --0o0-- 24 25 3 1 A P P E A R A N C E S 2 3 For the Plaintiff: 4 LAW OFFICES OF WILLIAM E. WEISS BY: WILLIAM E. WEISS, ESQ. 5 130 Sutter Street, 7th Floor San Francisco, California 94104 6 415-362-6765 7 For the Defendants: 8 KENNICK & ASSOCIATES BY: JOHN C. ELLIS, ESQ. 9 THE CHAPMAN BUILDING 110 E. Wilshire Avenue, Suite 401 10 Fullerton, California 92832 jellis@kennicklaw.com 11 714-992-6600 12 Also Present: Mydra McGarr 13 --0o0-- 14 15 16 17 18 19 20 21 22 23 24 25 4 1 JAMES KANG, 2 having been sworn by the Court Reporter to testify the 3 truth, the whole truth, and nothing but the truth 4 testified as follows: 5 THE WITNESS: I do. 6 EXAMINATION 7 BY MR. WEISS: You want to state your name and 8 address for the record, please. 9 THE WITNESS: James Kang, K-a-n-g. 10 MR. ELLIS: You can give your work address. 11 THE WITNESS: 909 Geary Street, San Francisco, 12 California 94109. 13 MR. WEISS: We'll have the same agreement, 14 right, that if you leave HTC any time soon -- 15 MR. ELLIS: Yes. 16 Are you leaving HTC any time soon? 17 THE WITNESS: No. 18 MR. ELLIS: If you do, you have to give me 19 your home address and I have to provide it to them. 20 THE WITNESS: Okay. 21 MR. WEISS: Q. Mr. Kang, my name is Bill 22 Weiss. We have never been formally introduced. I 23 represent Mydra McGarr in a lawsuit against Tenderloin 24 Housing Clinic, which we will refer to as the THC. 25 Before I get into the main part of the 5 1 deposition, let me ask you: Have you had your 2 deposition taken before? 3 A. No. 4 Q. No. 5 Okay. I'm sure you had a chance to get 6 prepared by your attorney here, but let me go over some 7 of the rules. 8 You took an oath to tell the truth and this is 9 the same oath that you would take if you were 10 in a court. 11 Do you understand that? 12 A. Yes. 13 Q. So, in other words, penalty of perjury apply 14 to this procedure as much as they do to a court 15 proceeding. 16 Do you understand that? 17 A. Yes. 18 Q. All right. And the court reporter can only 19 take down one of us talking at a time, so we should try 20 not to interrupt each other. You need to speak out 21 loud, so the court reporter can take down your words. 22 She can't take down gestures or nods of your head or 23 phrases like uh-huh or huh-huh. That would be 24 confusing. If you forget, I'll remind you during the 25 deposition. 6 1 Also, you don't have to guess or speculate 2 about anything, but we are entitled to estimates. You 3 will probably be asked about dates and times and things 4 like that during the deposition. If you don't know for 5 sure, just say so, if we can narrow it down to a 6 reasonable estimate. 7 If I ask you a question you don't understand, 8 you should let me know because when you answer a 9 question, we assume you understood it. So it might not 10 look good later. 11 Also, once the deposition is finished, it will 12 be put into a transcript like this, question and answer 13 and so on. You will get a chance to review it and when 14 you do that, you can actually -- you can change 15 anything that you want, but if you do change something, 16 it's likely we will comment on it later as impeachment 17 or just might be embarrassing at the very least. So 18 try to give your best shot today. 19 Okay. What documents did you review, if any, 20 for your deposition? 21 A. None. 22 Q. None. 23 Okay. Now, in your depo notice we discussed 24 this prior to starting today that you had a subpoena 25 served on you. 7 1 A. Yes. 2 Q. How did that subpoena get served on you? How 3 did you receive it, someone at THC give it to you or 4 what? 5 A. I really don't remember. Yeah, I don't 6 remember. 7 Q. Okay. And what was the subpoena for, do you 8 remember that? 9 A. It was to testify because I was a witness. 10 Q. Okay. And did you review any sort of records 11 of the THC to help prepare you for today? 12 A. No. 13 Q. Have you reviewed any records of the THC just 14 concerning the alleged assault on Mydra McGarr? 15 A. No. 16 Q. Let me ask you this. There are security 17 cameras in the lobby, right? 18 A. Yes. 19 Q. Some of them point to the basement door? 20 A. No. 21 Q. None of them do? 22 A. Not a good view. 23 Q. Okay. How do you know that? 24 A. Because we have surveillance monitors at our 25 front desk. 8 1 Q. All right. And have you ever seen -- well, 2 these video cameras, do they record what they're 3 looking at? 4 A. Yes. 5 Q. And what type of medium is it reported on? 6 Like a disk, tape? 7 A. A digital. 8 Q. It's like a flash drive or hard drive? 9 A. Yes. 10 Q. Okay. And have you ever seen any video 11 generated the day of the attack on Mydra McGarr? 12 A. No.. 13 MR. ELLIS: The alleged attack. 14 MR. WEISS: She was attacked, we know that. 15 She was taken to the hospital and Chanel Samuel went to 16 jail. 17 MR. ELLIS: I'm not conceding. The alleged 18 assault satisfies the necessary elements to prevail in 19 a lawsuit against the employer. That's what I'm not 20 conceding at this time. 21 MR. WEISS: All right. We'll let you not 22 concede that then. 23 MR. ELLIS: Thank you. 24 MR. WEISS: You are welcome. So, he has to 25 help me out on stuff. 9 1 Anyway, getting back to this. So you never 2 saw any video concerning this alleged attack? 3 A. No. 4 Q. Okay. Now, didn't someone from the THC 5 investigate this assault, coming around, asking 6 questions, what happened? 7 A. I don't know. I had so many people ask me, 8 interview -- I don't know if it was an actual THC 9 employee. 10 Q. Let's talk about who interviewed you. Let's 11 have some names. Who interviewed you, do you think? 12 Not do you think. Who interviewed you? 13 A. The police. 14 Q. Okay. Who else? 15 A. Property supervisor Glenn. 16 Q. Okay. Who else? 17 A. General manager, Jesus Lopez. 18 Q. Okay. Who else? 19 A. I don't know their name. A lady from the 20 District Attorney's Office. 21 Q. Okay. How about, did you talk to Chanel 22 Samuel's lawyer? 23 A. Yes. She -- yes.. 24 Q. Well, there are two people. One was an 25 investigator named Sandra Smutz, S-m-u-t-z? 10 1 A. That's who I think. I recall that name. 2 Q. Okay. When did you talk to her after this 3 alleged assault? 4 A. I don't know the exact date. 5 Q. Days? Weeks? Months? 6 A. I would say at least two months after the 7 incident. 8 Q. Was that in person or over the phone? 9 A. In person. 10 Q. Did she tape-record it? 11 A. I don't know. 12 Q. She didn't tell you she was tape-recording? 13 A. I don't recall. 14 Q. You don't recall if she told you she was 15 tape-recording it? 16 A. No, I don't recall. 17 Q. Did she write anything down -- 18 A. Yes. 19 Q. -- while you were talking to her? 20 A. Yes. 21 Q. Did you sign anything that she wrote down? 22 A. Yeah. 23 Q. Okay. Do you have a copy of what you signed? 24 A. No. 25 Q. Okay. What did you sign that she wrote down? 11 1 A. Just that my statements were true. 2 Q. Okay.. And how about Valerie Simpson, did you 3 talk to her about it? 4 A. No. 5 Q. How about James Holland, did you talk to him 6 about it? 7 A. I don't know. 8 Q. Do you know who James Holland is? 9 A. Yes, I know who James Holland is. 10 Q. You would remember if you talked to him about 11 it, wouldn't you? 12 A. Yeah. 13 MR. ELLIS: I just want to remind you, let him 14 finish his question before you answer. 15 MR. WEISS: Q. Did you talk to him about it 16 or not? 17 A. No. 18 Q. Okay. How about Randy Shaw, do you know who 19 he is? 20 A. Yes. 21 Q. Did you talk to him about it? 22 A. No. 23 Q. So you mentioned Jesus and Colleen. Anyone 24 else from THC that you talked to about it? 25 A. No. 12 1 Q. In May of '08, what was your schedule at the 2 Hartland Hotel? 3 A. I worked Thursday to Monday. I had Tuesdays, 4 Wednesdays off. 5 Q. What hours do you usually work? 6 A. 8:00 a.m. to 4:00 p.m. 7 Q. Okay. And what does a desk clerk do at the 8 Hartland Hotel? Strike that. 9 What's your job at the Hartland Hotel as best 10 you can describe it? 11 A. Security and monitoring surveillance cameras, 12 signing in and out of visitors, contractors, assisting 13 with client needs. 14 Q. Okay. And let me -- can I get your 15 educational background in a nutshell? 16 A. GED. 17 Q. Okay. When did you get that? 18 A. 2000. 19 Q. All right. How old are you now? 20 A. 30. 21 Q. And did you grow up in San Francisco? 22 A. Yes. 23 Q. Where did you go to high school? 24 A. Balboa High School. 25 Q. And just didn't finish and got your GED later? 13 1 A. Correct. 2 Q. And, what, tell me about some of within, let's 3 say the five years of working at THC, what kind of jobs 4 were you doing? 5 A. Reservationist, a lot of valet parking. 6 Q. Okay. Anything else you can think of? 7 A. Retail. 8 Q. Where did you work in retail? 9 A. Video store. 10 Q. Do you remember the name of it? 11 A. Frontline. 12 Q. Where did you work as a reservationist? 13 A. Hornblowers Cruises. 14 Q. And how about valet parking? 15 A. RT. 16 Q.. Now, when did you start working for the THC? 17 A. June of '05, 2005. 18 Q. And in what position did you start working? 19 A. Desk clerk. 20 Q. Who trained you for that position? 21 A. No training. 22 Q. Did you have any kind of orientation? 23 A. Yes. 24 Q. And where did you have your orientation? 25 A. At our main office, 449 Turk Street. 14 1 Q. Do you remember who conducted it? 2 A. Stacy Smith. 3 Q. How long did your orientation last? 4 A. It was pretty long. I would say about four 5 hours, five hours. 6 Q. And during your orientation, were you given 7 any information about whether employees are allowed to 8 use illegal drugs on the premises? 9 A. Yes. 10 Q. What were you told about that? 11 A. It's strict. No drug policy. I mean, it's a 12 zero tolerance for drugs. 13 Q. How about tenants, are they all allowed to use 14 illegal drugs on the premises? 15 MR. ELLIS: Objection. Vague as to "allowed." 16 MR. WEISS: What? 17 MR. ELLIS: Vague as to "allowed." 18 MR. WEISS: What's the policy? Okay. What's 19 the policy of THC of tenants? 20 A. Well -- 21 Q. You have to let me finish. What is the policy 22 of the THC about tenants using illegal drugs on the 23 premises? 24 A. Absolutely no drug use. 25 Q. Is it true that at the Hartland on each floor 15 1 of resident rooms, there is a receptacle to collect 2 syringes? 3 A. Yes. 4 Q. Okay. And that's if a syringe is left on the 5 floor, you know the procedure how to safely pick it up 6 and put it in the receptacle? 7 A. Yes. 8 Q. Did you use that in orientation? 9 A. No. 10 Q. Who taught you how to safely dispose of a 11 syringe at the THC? 12 A. Nobody. It's kind of common sense, I guess. 13 I don't know. 14 Q. Do they have gloves for you to wear, that type 15 of thing? 16 A. Yes. 17 Q. Okay. Where are those usually kept? 18 A. At the front desk. 19 Q. Have you ever become aware of during your 20 tenure as the desk clerk at Hartland, that some people 21 were smoking crystal meth? 22 A. I'm sorry. Can you repeat that? 23 Q. Yes. During your work at the Hartland, have 24 you ever become aware that tenants or employees were 25 smoking crystal meth on the premises? 16 1 A. Yeah. 2 Q.. How did you become aware of that? 3 A. Observation. 4 Q. Okay. So you kind of know what crystal meth 5 smells like if they are smoking it? 6 A. Yeah. 7 Q. Okay. And have you gotten any training from 8 THC about how to recognize signs of drug use in people? 9 A. I don't know what they call them. Maybe 10 fliers or notices they sent out just to all the 11 hotels. 12 Q. Is it like a training update? 13 A. Yeah, exactly. Just signs to look for. 14 Q. What about smoking crystal meth, what kinds of 15 signs do you look for in that? 16 A. Paranoia. 17 Q. Okay. 18 A. Like jittery. 19 Q. Anything else? 20 A. I don't know. That's all I know. 21 Q. How about agitation? 22 A. Now that you said it, yeah. 23 Q. Okay. What about combativeness? 24 A. I guess it all depends on the individual. 25 Q. Okay. Now, when you become aware of people 17 1 smoking crystal meth on the premises, how did you 2 become aware of that? In other words, did you smell it, 3 did someone tell you? How did you get your knowledge? 4 A. Like, say, it's usually observation and 5 usually word of mouth -- not word of mouth, but 6 tenants just speaking, you know. 7 Q. Like so and so is smoking crystal meth? 8 A. Yeah, exactly. 9 Q. So you kind of hear the scuttlebutt of what's 10 going on? 11 A. Uh-huh. 12 Q. You have to answer out loud. 13 A. Yes. 14 Q. And have you ever observed anyone smoking 15 crystal meth there? 16 A. No. 17 Q. Okay. But you -- all right. What about 18 crack, have you become aware of during your work at the 19 Hartland, whether any tenants used crack? 20 A. Yeah. 21 Q. And how did you become aware of that? 22 A. Just like, say, word of mouth.. 23 Q. Scuttlebutt? 24 A. Uh-huh. Yes. 25 Q. Just general observation? 18 1 A. Yes. 2 Q. Okay. Now, is it true that some tenants of 3 the THC also work for the THC? 4 A. Yes. 5 Q. And you don't live in a THC property, do you? 6 A. No. 7 Q. Okay. Now, at the Hartland Hotel, were you 8 aware that whether any of the tenants there in May of 9 '08 were also employees of the THC? 10 A. In May of '08? 11 Q. Yeah. That's about the time this thing 12 happened so... 13 A. Right. That employees were actually 14 employed? 15 Q. Yes. 16 A. Yes. 17 Q. Had you heard that Chanel Samuel was a tenant 18 of the Hartland Hotel in May of '08? 19 A. Yes.. 20 Q. Do you actually know her by sight? 21 A. Yes. 22 Q. And had you also learned, what, in 2008 that 23 Chanel Samuel was also an employee of THC? 24 A. Yes. 25 Q. How did you learn that? 19 1 A. She actually worked at the hotel where I'm 2 working at right now, the Hartland Hotel. 3 Q. And tell me what you saw her doing at the 4 hotel where you worked. 5 A. She -- graveyard desk clerk, so I didn't see 6 her. I usually saw her when I was coming into my 7 shift. She was leaving. 8 Q. So you were coming in what time? 9 A. 8:00 in the morning. 8:00 a.m. 10 Q. I see. She would be kind of getting off when 11 you were coming on? 12 A. Exactly. 13 Q. And what other jobs were you aware her doing, 14 if any, at the Hartland in '08? 15 A. None that I know of. None. 16 Q. How about floating janitor, do you ever see 17 her doing any janitorial work? 18 A. Yeah. Actually, yeah, floating janitor. 19 Q. What -- when did you see her doing janitorial 20 work at the hotel -- day or night? 21 A. As a floater, it would usually be during the 22 day or day shift, 8:00 to 4:00 p.m. 23 Q. And how often would you see her during the 24 week doing janitorial? 25 A. Not often. 20 1 Q. Do you think during all of 2008 when you saw 2 her, maybe ten times? 3 A. Of last year, yes. 4 Q. You think it might be more than 10, maybe 15 5 or 20? 6 A. As to? 7 Q. Floating janitor. 8 A. Actually doing work, no more than 10. 9 Q. And how about desk clerk -- relief desk clerk, 10 how often would you see her when you would come in? 11 A. When she actually worked there, correct? 12 Q. At the hotel, right, right. Just a ballpark 13 estimate. 14 A. I wouldn't really see her because she worked 15 a different shift than I. 16 Q. You just mentioned you would be coming on duty 17 when she would be leaving. 18 A. Right. 19 Q. So how many of those occasions do you estimate 20 you saw her? 21 MR. ELLIS: Let him finish. 22 THE WITNESS: Out of one week, I would say 23 three days, four days. 24 MR. WEISS: Q. Okay. And about how many 25 weeks -- period of weeks do you think you saw her three 21 1 to four days when you came in on your shift? 2 A. A couple of months because she worked that 3 shift maybe, I think, five or six months. 4 Q. Okay. 5 A. I don't know the exact -- 6 Q. And again, you know, we know you are not the 7 personnel manager. Just what you can remember seeing. 8 A.. Right. Right. 9 Q. That's all we can ask. 10 Okay. Let's see. Had you ever become aware 11 whether Chanel Samuel was using crystal meth? 12 A. No. 13 Q. Do you know who Eric Scott is? 14 A. Yes. 15 Q. Is he a tenant at the Hartland? 16 A. Yes. 17 Q. Was he a tenant in May of '08? 18 A. Yes. 19 Q. Did he ever say anything about Chanel using 20 crystal meth? 21 A. No. 22 Q. You mentioned security. What's the security 23 function you do at your job? 24 A. I would say monitoring the surveillance 25 cameras, monitoring the flow of traffic in and out of 22 1 the hotel. 2 Q. Okay. And you mentioned surveillance cameras, 3 so do you have little monitors on the desk to look at? 4 A. Yes. 5 Q. Okay. What areas do those monitors show? Let 6 me ask you -- sorry -- let me back up. In around May 7 of '08, what areas did the camera show? 8 A. It showed every floor and the lobby area and 9 front desk area. 10 Q. So you walk in the lobby, the front desk is to 11 the left, isn't it? 12 A. Correct. 13 Q. Okay. And then if I was walking in the front 14 door, okay, the front desk is on the left. Where would 15 be the door to the basement? 16 A. Well, if you walk into the hotel, the 17 basement door would be straight ahead. So as soon as 18 you enter, you would go maybe about 40 feet. 19 Q. Okay. One thing you mentioned on your job 20 description was client needs. What does that cover? 21 A. Just basic maintenance requests. 22 Q. Anything else? 23 A. Noise complaints, any -- actually any 24 complaints. 25 Q. Okay. If they had a light bulb out -- 23 1 A. Exactly. 2 Q. -- you would check it. Let's talk about the 3 incident, itself. This alleged incident as counsel 4 would like us to say happened on May 30 and it's true 5 that you were working that day, right? 6 A. Yes. 7 Q. And prior to the alleged incident happening, 8 when do you think you first saw Chanel Samuel that day? 9 A. That day of the incident? 10 Q.. Yes. 11 A. It was early in the morning. I would say 12 8:00 -- between 8:30, 9:00. 13 Q. Okay. And what was she doing? 14 A. Nothing out of the ordinary. Her usual 15 thing, just if I'm correct, she had to go down to the 16 office -- the main office to take care of something. 17 Q. Pick up her paycheck? 18 A. Something. I don't know exactly. 19 Q. Okay. The 30th we determined was a Friday and 20 we've also determined from the deposition of Colleen 21 that Chanel came in that morning or around the time you 22 are saying to get her paycheck. That's what she told 23 us. Did Chanel mention anything about getting her 24 paycheck or just -- 25 A. Yeah. She said good morning to me. I'm 24 1 going down to pick up my check, and that was it. 2 Q. Okay. And did she come back shortly after 3 that? 4 A. Yes. 5 Q. Okay. And when she came in, did she remain in 6 the lobby or did she go somewhere else? 7 A. I don't know. 8 Q. Okay. At some point did Chanel try to go down 9 to the basement from the lobby? 10 A. I don't know. 11 Q. Did you ever try to prevent Chanel from going 12 into the basement the morning of the 30th? 13 A. No. 14 Q. The only reason I ask is others that we have 15 talked to in the deposition said that you had -- she 16 wanted to go to the basement. You said she couldn't go 17 down there, and that's why I bring it up. So if you 18 don't remember, you don't. 19 A. I don't remember. I don't remember. 20 Q. Okay. Let me ask you this: If that morning, 21 would it be okay for her to go into the basement? 22 A. No. 23 Q. Why is that? 24 A. Because she was not on duty supposedly. 25 Q. Okay. How did you know she wasn't on duty? 25 1 A. Because she told me that morning she wasn't 2 working. 3 Q. Okay. What conversation did you have with her 4 that morning other than what you have already told us 5 about? 6 A. That was it. Very brief. Hi. Good morning. 7 How are you doing? Have a good day. 8 Q. She didn't say anything about being off duty 9 or anything? 10 A. Oh, yeah. I'm not working today. 11 I asked her: Are you working? 12 No, I'm not working. I'm going to go pick up 13 my check. 14 I said: Have a good day. 15 Q. That makes sense. So, then she is not on 16 duty, so she is not allowed in the basement, you said? 17 A. Correct. 18 Q. What is down in the basement? 19 A. Let's see. We have the janitor supply room, 20 maintenance supply room, storage, boiler room, 21 elevator room. 22 Q. How about washer and dryer? 23 A. Washer, dryer. 24 Q. Is it true that the basement also has a door 25 that goes up to the alley where you take trash? 26 1 A. Yes.. 2 Q. Okay. Is there a camera out there in the -- 3 A. No. 4 Q. -- alleyway? 5 Okay. No cameras in the basement? 6 A. No. 7 Q. Now, go back to May 30, '08. Again, the door 8 to the basement when you were on duty -- locked or 9 unlocked? 10 A. Unlocked. 11 Q. Okay. And as part of your job, do you monitor 12 who goes down there? 13 A. Definitely. 14 Q. So if Chanel had tried to go down there -- 15 well, let's approach it this way. 16 She comes back from getting her check, 17 and she tries to go down to the basement. What would 18 you have said? 19 A. Hold up. Stop. Is there anything I could 20 help you with? 21 Q. Okay. When she came back from getting the 22 check, and that morning, was she pacing around the 23 lobby? 24 A. No. 25 Q. Okay. Did you ever see her during any time 27 1 that morning, the 30th, 2008, go down to the basement 2 through the basement door? 3 A. No. 4 Q. Do you think you would have seen her if she 5 had done that? 6 A. Yes. 7 Q. Okay. What other ways could one get into the 8 basement -- well, back again, May 30, 2008, what ways 9 could one get into the basement aside from that door 10 you just told us about? 11 A. Elevator. 12 Q. Okay. Where does one pick up the elevator to 13 get down there, can you get it in the lobby, for 14 example? 15 A. Yes. 16 Q. Okay. Where is the elevator, in the lobby 17 area or the entrance floor? 18 A. You walk into the hotel lobby, front desk is 19 on the left side, right? 20 Q. Right. 21 A. And actually, the elevator door is right 22 there, right on the left side of the front desk. So 23 you walk in, about 20 feet, make a left and the 24 elevator doors are right there. 25 Q. So it's on -- now as I understand, the front 28 1 desk is enclosed, right? 2 A. Correct. 3 Q. So, if I -- if I walk in and the front desk is 4 to my left, would the elevator just be past the front 5 desk? 6 A. Exactly, there is a -- I don't know what you 7 call it. 8 Q. A little hallway? 9 A. Not even a hallway. It's just the area where 10 the front -- where the door to the front desk area is, 11 and then also the elevator door. 12 Q. Now, on May 30 of 2008, would one have to have 13 a key to make the elevator go to the basement? 14 A. Yes. 15 Q. Where does one get the key to the elevator? 16 A. In our key box at the front desk. 17 Q. Is that behind the window? 18 A. Yes. 19 Q. So, in other words, unless you are behind the 20 front desk, you can't just reach in and grab a key? 21 A. Correct. 22 Q. Okay. And at any time during the morning of 23 May 30, 2008, did you ever see Chanel go into the 24 elevator? 25 A. I don't know. 29 1 Q. You don't remember? 2 A. I don't remember. 3 Q. You know one thing I forgot to ask, any of 4 the lobby cameras show the elevator in the lobby? 5 A. Yes. 6 MR. ELLIS: Now or then or both? 7 MR. WEISS: Both. I think -- I thought I said 8 May 30, but maybe I didn't. So, okay. 9 Q. Does the elevator go all the way up to the top 10 floor? 11 A. Yes, sixth floor. 12 Q. And so one could -- potentially on May 30 of 13 '08, one could get on the second floor, for example, or 14 even the sixth and second nd floor, if one had a key to 15 go all the way to the basement, correct? 16 A. Correct. 17 Q. Do any of the hallway videos that you 18 mentioned on the resident floors show the elevator? 19 A. Yes. 20 Q. Now the cameras on the resident floors, do 21 they also record onto some sort of solid flash drive or 22 hard drive? 23 A. Yes. 24 Q. Okay. To your knowledge, did anyone review 25 those videos to see if anyone took the elevator all the 30 1 way down to the basement on the morning of May 30, 2 2008? 3 A. I don't know. 4 Q. When you talked to Colleen Carrigan about the 5 incident, what was your discussion with her? 6 A. Just basically what I saw and what happened 7 that day. 8 Q. Okay. What did she say to you? 9 A. I don't recall. 10 Q. This conversation you had with Colleen about 11 what happened, when was that, same day, another day? 12 A. Same day. 13 Q. Okay. And what time do you think it was? 14 A. Wow. 15 Q. Afternoon, maybe? 16 A. I would say half an hour after the incident. 17 Maybe half an hour after the police showed up, maybe. 18 Q. How long were the police on the scene? 19 A. The police were on scene an hour, an hour and 20 a half. 21 Q. And when was your discussion with Mr. Lopez 22 about the event? 23 A. About 5, 10 minutes right after the incident. 24 Q. Like he came up, what happened? 25 A. Exactly. 31 1 MR. WEISS: Okay. Okay. Let's mark this as 2 Plaintiff's A. 3 (Whereupon, Plaintiff's Exhibit A was marked 4 for identification.) 5 MR. WEISS: Q. Have you had a chance to look 6 at that? 7 A. Not since I wrote it. 8 Q. Okay. Well, I mean today because I'm going to 9 ask you questions. 10 A. No. 11 Q. I want you to make sure that you are familiar 12 with it. On the second page of this document, is that 13 your handwriting? 14 A. Yes. 15 Q. And on the front page of this document, is 16 that all your handwriting? 17 A. Yes. 18 Q.. And on the line where -- you see where it says 19 "main signature" and it's got James Kang? Do you see 20 that? 21 A. Yes. 22 Q. To the right of that, there is a signature. 23 Is that yours? 24 A. Yes.. 25 Q. Okay. And you signed it on May 30 of '08? 32 1 A. Yes. 2 Q. All right. Okay. Let's just go through it. 3 "Summary of incident. At approximately 4 11:30 A, at the Hartland Hotel, I, James 5 Kang, clerk on duty, heard yelling and 6 screaming coming from the basement." 7 Where were you when you heard this yelling and 8 screaming? 9 A. I was in the office -- the desk clerk office. 10 Q. Behind the front desk? 11 A. Exactly. 12 Q. Okay. The screaming was loud enough for you 13 to hear it, obviously? 14 A. Right. 15 Q. Did you hear any words during this screaming? 16 A. Help me. 17 Q. Okay. Did you know whose voice that was? 18 A. Yes.. 19 Q. And whose was it? 20 A. Mydra's. 21 Q. Okay. And how did you know Mydra? 22 A. Through work. 23 Q. I mean, was it obvious, but we have to ask 24 even the obvious ones to get on the record. You have 25 seen her working before that incident as a janitor? 33 1 A. Yes. 2 Q. Okay. Did you get along with her okay? 3 A. Yes. 4 Q. All right. And you went downstairs to see 5 what was going on. So to get from behind the front 6 desk to the basement door, what do you do? 7 A. The actual front -- the actual door to the 8 front desk is actually behind. You have to actually 9 do a 180 to exit, to get to the door. 10 Q. Okay. You went down to the basement? 11 A. Exactly went down to the basement, went down 12 the stairs. 13 Q. What did you observe when you went down there? 14 A. Went down the stairs, made a right to the 15 storage area and immediately saw Chanel holding 16 like -- looked like a lead pipe. 17 Q. Okay. What was she doing with it? 18 A. When I arrived, the pipe was already cocked 19 back and Chanel struck Mydra across the face with the 20 pipe. 21 Q. You actually saw that, right? 22 A. I actually saw that. 23 Q. And you put in parenthesis, you say: 24 "I witnessed Chanel strike Mydra across the 25 face with a pipe" -- you have in "about three 34 1 feet." 2 Is that about the approximate length of the 3 pipe? 4 A. Correct. 5 Q. "So I yelled: What the hell is going on?" 6 When you yelled "What the hell is going on," what 7 happened then? 8 A. Immediately Chanel stopped what she was 9 doing. 10 Q. And when you saw her strike Mydra in the face 11 with the pipe, was Mydra standing or laying down or 12 what? 13 A. She was standing. 14 Q. Okay. Did you see any blood? 15 A. Yes. 16 Q. Where did you see the blood? 17 A. I don't know. 18 Q. How about on Mydra's face? 19 A. Yes. 20 Q. How about on the floor or the steps? 21 A. I don't recall. 22 Q. Okay. And was it pretty shocking seeing that? 23 A. Yes. 24 Q. Okay. I know sometimes you see something 25 shocking, it's hard to remember. 35 1 A. Correct. 2 Q. But, so you yell what's going on; Chanel 3 stops. What happens next? 4 A. I immediately went upstairs to grab the phone 5 and called 911 because I didn't have a phone on me. 6 Q. Were you worried that if you went upstairs, 7 Chanel would start beating her again? 8 A. Yes. 9 Q. When you say "What the hell is going on," did 10 Chanel drop the pipe? 11 A. Yes. 12 Q. Did she say anything? 13 A. No. 14 Q. What was the look on her face if you could 15 describe it? 16 A. Shock. It looked like she was in shock.. 17 Q. When she stopped, what did Mydra do? 18 A. Oh, she was screaming for help. 19 Q. Okay. You go down there, you yell "What the 20 hell is going on," Chanel stops, what does Mydra do? 21 A. She falls down to the ground. 22 Q. Okay. Like on her face, on her back? 23 A. On her side, kind of. 24 Q. Okay. And then so you run up and call 911. 25 What did you do after that? 36 1 A. I immediately went back downstairs to make 2 sure nothing else was going to happen. 3 Q. And when you came downstairs after the 911 4 call, what did you observe? 5 A. Mydra on the floor bleeding from the face. 6 Q. What was Chanel doing? 7 A. Chanel, if I recall, she went back upstairs. 8 She went back upstairs. 9 Q. Do you remember what Chanel was wearing that 10 day? 11 A. No. 12 Q. Okay. So when Chanel went upstairs, did you 13 stay downstairs? 14 A. Yes. 15 Q. Okay. Were you just tending to Mydra? 16 A. Correct. 17 Q. Did Mydra say anything to you while you were 18 down there? 19 A. No. 20 Q. Was she moaning at all like she was in pain? 21 A. Yes. 22 Q. Was she bleeding? 23 A. Yes. 24 Q. Where was she bleeding from? 25 A. From the face. 37 1 Q. Okay. And at -- okay. So you are there with 2 her, Chanel goes upstairs. What happens next? 3 A. Our case manager, Lori McElroy, she came down 4 to assist with Mydra or to tend with Mydra while I 5 went back upstairs. 6 Q. Okay. And then any conversation with Lori 7 McElroy when she came down, between you two? 8 A. No. Well, what happened? 9 Q. Okay. What did you tell her? 10 A. I don't know. 11 Q. Okay. You didn't tell her like I saw Chanel 12 hitting Mydra with a pipe? 13 A. No. 14 Q. And then okay. So you go back upstairs, and 15 then what do you do next? 16 A. I was on the phone with 911. 17 Q. Did you call 911 twice? 18 A. No. They had me on the phone for quite -- I 19 don't know -- maybe five minutes, maybe a little 20 longer than that. 21 Q. So you see Chanel striking her yelling, "What 22 the hell is going on?" You go upstairs, right -- 23 A. Correct. 24 Q. -- to call 911. Is that when Lori comes down, 25 at that point, you are going upstairs to call 911 and 38 1 Lori goes down? 2 A. I go back upstairs to call 911.. 3 Q. Right. 4 A. It's a portable phone, so I bring the phone 5 to the basement just to make sure, like I said, Mydra 6 was okay, and then I went back upstairs. The case 7 manager went downstairs and I was still on the phone 8 with 911 -- 9 Q. All right. 10 A. -- describing the situation. 11 Q. And then at some point, I guess, the police 12 show up? 13 A. Correct. 14 Q. Do you know where Chanel is at this point? 15 A. She is in the lobby. 16 Q. You saw her when you were calling? 17 A. Yes. 18 Q. What was she doing? 19 A. She was pacing in the lobby. 20 Q. Okay. And I know it sounds obvious. When you 21 say "pacing in the lobby," what are you talking about, 22 walking back and forth? 23 A. Correct. 24 Q. Now is she saying anything to you? 25 A. No. 39 1 Q. Do you try to talk to her? What's going on? 2 What are you doing? 3 A. Actually, I did. I asked her: What's going 4 on? 5 Q. What does she say? 6 A. She didn't say nothing. She told me: I 7 messed up. That's it. I am going to jail. I messed 8 up. 9 Q. I think she correctly predicted that. 10 Anything else you can remember? 11 A. No. 12 Q. And -- 13 A. Oh, I'm sorry. 14 Q. Go ahead. 15 A. Yeah. And I didn't want to go to jail. 16 That's all she said, I don't want to go to jail. 17 Q. She said she did not want to? 18 A. Yeah. 19 Q. Okay. Is that all you can remember? 20 A. Yeah. 21 Q. Okay. Did she look nervous? 22 A. Yeah. 23 Q. Okay. And at some point the police get there, 24 right? 25 A. Yes. 40 1 Q. And they come in, do you go out and say, I'm 2 the guy that reported it, or something like that? When 3 the police get there, what happened next? 4 A. I am actually behind the front desk. I'm 5 back at my post. 6 Q. Do they come up to you -- the police? 7 A. Well, they actually -- yeah, they actually 8 come up to me and ask where Mydra was. 9 Q. Okay. And you directed them to the basement? 10 A. Exactly. 11 Q. Did you stay behind the desk at that point? 12 A. Yes. 13 Q. The police go down there. Do you point out 14 the assailant, Chanel Samuel? 15 A. Yes. 16 Q. Like did any police say -- well, what did the 17 police ask you, if anything, when they came in? 18 A. Where is the victim? 19 Q. You said downstairs, right? 20 A. Exactly. 21 Q. Do they say anything else like where is the 22 other one? 23 A. Yeah. If I recall, they asked: Was there 24 any other party involved? I pointed to Chanel. 25 Q. Did you tell them what you saw? 41 1 A. Yes. 2 Q. Like I saw her hit someone with a pipe? 3 A. Yes. 4 Q. And did they take Chanel into custody? 5 A. Yes. 6 Q. Did they put cuffs on her in the lobby? 7 A. Yes. 8 Q. Okay. And they take her out to one of the 9 cars or something? 10 A. Yes. 11 Q. Okay. And let's see. Did you also call an 12 ambulance? I only ask because it's checked there in 13 the form. 14 A. No. 15 Q. Okay. Did you see paramedics come in and go 16 to the basement? 17 A. Yes. 18 Q. Was Mydra taken out of there on a stretcher? 19 A. Yes. 20 Q. Did you have any conversation with Mydra as 21 she was being taken out on the stretcher? 22 A. No. 23 Q. And you have: 24 "12:22 p.m., Gregory with CSI, enters the 25 hotel." 42 1 What is CSI? 2 A. Crime scene investigator. 3 Q. Okay. Okay. Now, did the police ask you any 4 other kind of questions before they left? 5 A. They got a general statement on exactly what 6 happened, approximate time. 7 Q. From you, you mean? 8 A. Yes. 9 Q. Like what did you see, what happened? 10 A. Yes. 11 Q. Anything else? 12 A. That they would be contacting me. 13 Q. Okay. Did they give you a little card with a 14 file number, a report number? 15 A. No. 16 Q. They just said they would get back in touch? 17 A. Exactly. 18 Q. And did you hear from the police after that or 19 was it the DA's office? 20 A. If I am correct, it was the DA's office. 21 Q. Did the DA ever ask you to give them a 22 statement -- recorded or written? 23 A. Yes. 24 Q. Okay. Did you do that at the hotel or down at 25 850 Bryant? 43 1 A. 850. 2 Q. Okay. And how long after the event do you 3 think you did that? 4 A. Six months. 5 Q. All right. Did you ever attend any meeting at 6 the THC concerning this event? 7 A. This actual event? 8 Q. Right. The alleged attack that you 9 witnessed -- that you allegedly witnessed her hitting 10 Mydra with a pipe, did you ever have a meeting about 11 that at the THC? 12 A. Yes. 13 Q. And where was this meeting at? 14 A. In our conference room at the hotel. 15 Q. What part of the hotel is that in? 16 A. In the lobby. 17 Q. Okay. That's a separate room you can use? 18 A. Yes. 19 Q. Who was present at this conference? 20 A. Jesus Lopez, my general director. Colleen 21 Carrigan, the property manager; and Lori McElroy, case 22 manager. 23 Q. And what was your discussion at this meeting? 24 A. It was more of a just to let our feelings out 25 more. It wasn't about information of facts. It was 44 1 just about how we dealt with it after the incident. 2 Q. Just like your own trauma of witnessing it? 3 A. Exactly, trauma, if we needed counseling, 4 anything. 5 Q. Did you ever get any counseling about it? 6 A. No. 7 Q. How long did that meeting last? 8 A. No more than an hour. 9 Q. I was going to ask you, where was Jesus at the 10 time this event happened? 11 A.. Wow, he was off site. He was not at the 12 hotel. 13 Q. Do you know where he was? 14 A. No. 15 Q. Now, what, in May of '08, do you remember what 16 hours Jesus was usually working? 17 A. If I'm correct, nine -- regular business 18 hours, 9:00 to 5:00, 8:00 to 4:00. 19 Q. Daytime? 20 A. Exactly. 21 Q. And was he generally on site all day, everyday 22 during his shift? 23 A. Yes. 24 Q. When Jesus came in -- well, strike that. 25 He was off site when it happened. How long 45 1 after it happened do you think he arrived? 2 A. He got there fairly quickly. No more than 3 ten minutes after the actual incident. 4 Q. Did you tell him what happened? 5 A. Yes. 6 Q. Pretty much what you told me? 7 A. Yes. 8 Q. Okay. And what did he say if anything? 9 A. He didn't say much. Just was in shock, too. 10 Q. Okay. Did he go downstairs and see what was 11 going on? 12 A. Yes. 13 Q. Now, at any time after the incident, did you 14 ever just have a chat with Jesus about it -- not even 15 investigation, just like, wow, I can't believe that 16 happened or just whatever? 17 A. Yes. 18 Q. When do you think that was? 19 A. No more than a month after the actual 20 incident. 21 Q. Did you, guys, ever come to a conclusion about 22 how the whole thing came about? 23 A. No. 24 Q. Why? 25 A. No. 46 1 Q. Do you know why Chanel did that? 2 A. No. 3 Q. Now, had you ever observed any conflict 4 between Chanel and Mydra at any time? 5 A. Personally, no. 6 Q. Had you ever heard about any conflict between 7 Mydra and Chanel? 8 A. No. 9 Q. And you mentioned how people in the hotel just 10 kind of talk, scuttlebutt. Did you ever pick up any 11 scuttlebutt about Mydra and Chanel having bad feelings 12 towards each other or problems? 13 A. No. 14 Q. Okay. Let's see. Did you ever visit Mydra in 15 jail -- I'm sorry. Did you ever visit Chanel in jail? 16 A. No. 17 Q. Do you know anyone from THC who did visit 18 her -- Colleen, Jesus, anyone? 19 A. No. 20 Q. Just go down and talk to her? 21 A. I don't know. 22 Q. Okay. No one ever told you about it? 23 A. No. 24 Q. You saw her in court the day to testify -- her 25 being Chanel? 47 1 A. Yes. 2 Q. Okay. And did anyone prepare you for your 3 testimony that day like what they were going to ask 4 you? 5 A. Yes.. 6 Q. So you would know what was going to go on? 7 A. Yes. 8 Q. Is that the DA? 9 A. Yes. 10 Q. Is that Mr. Delgado possibly? 11 A. Yes. 12 Q. And there was a police inspector also that 13 day, Andrew Sullivan, maybe -- do you remember talking 14 to him? There was an inspector talking to the District 15 Attorney? 16 A. I don't know. I don't recall. 17 Q. Okay. Did you talk to Mydra the day you 18 testified? 19 A. No. 20 Q. Okay. Did you observe any verbal altercation 21 the day of the incident between Mydra and Chanel? 22 A. No. 23 Q. And when you observed Chanel hitting Mydra 24 with the pipe, it wasn't a piece of a vacuum, was it? 25 A. No. 48 1 Q. Do you know where Chanel got that pipe? 2 A. In the basement. 3 Q. I mean, was the pipe used for anything in 4 particular you would know of? 5 A. No, just leftover scrap pipes. 6 Q. You mentioned the basement, there was a 7 maintenance supply room and janitorial supply room. 8 Are those locked? 9 A. Yes. 10 Q. Okay. So who has keys to those rooms? 11 A. Maintenance, janitor. 12 Q. Do you know if Chanel had a key to that 13 elevator? 14 A.. No, I didn't. 15 Q. I'm sorry. Did Chanel have any injuries the 16 day of the incident that you could observe? 17 A. No. 18 Q. Oh, was Chanel wearing -- when you saw her 19 hitting Mydra with a pipe, was she wearing latex 20 gloves? 21 A. I don't know. 22 Q. When you were asked at the hearing over there 23 on Bryant Street if you recall whether or not she was 24 wearing gloves, you said I do recall latex gloves, I 25 think? 49 1 A. Because while she was -- while we were 2 waiting for the police, she did actually have some 3 latex gloves on. 4 Q. And in reviewing this -- I'm not trying to 5 embarrass you -- it's just this looks like it was in 6 August of '08. You never read it before.. You probably 7 can't remember. You didn't remember, so I'm just 8 trying to refresh your memory. I'm not trying to 9 embarrass you. I want you to know that. 10 So, she was standing in the lobby wearing 11 latex gloves -- Chanel? 12 A. Yes. 13 Q. And do you know where she would have gotten 14 those? 15 A. No. 16 Q. Was there blood on them? 17 A. No. 18 Q. So, let me ask you some stuff about the 29th, 19 the day before the incident that you witnessed.. Were 20 you on, do you think, your regular schedule? 21 A. If I recall, I didn't work that day. 22 Q. Thursday? 23 A. Correct, that is my usual schedule day to 24 work. 25 Q. It is? 50 1 A. It is but I didn't show up for work. 2 Q. Okay. Well, had you heard whether there was 3 any incidents between Mydra and Chanel the day before 4 the thing that you witnessed? 5 A. That day of that -- the actual incident? 6 Q. The day before. 7 A. Well, the only time I heard was the actual 8 day of the incident, Mydra had told me she had got 9 into a verbal with Chanel. 10 Q. The day before? 11 A. Yeah. 12 Q. The reason I bring that up is there is two 13 incident reports that Mydra filed concerning Chanel 14 Samuel the day before the alleged attack, and so I 15 wonder if you heard anything about that. 16 A. Right. The day of the actual incident Mydra 17 was at the front desk talking to me about how she had 18 gotten into an altercation with Chanel yesterday. 19 Q. Okay. 20 A. About something about slamming the desk or 21 the front door, something of that sort. So that was 22 the only time I heard was the actual day of the 23 incident of Mydra and Chanel. 24 Q. So before it happened? 25 A. Right, right, literally hours before. 51 1 Q. You two were just chatting? 2 A. Right, just normal conversation, 8 o'clock in 3 the morning. 4 Q. Okay. Any conversation you had with anyone at 5 the THC about the incident, did anyone ever wonder how 6 Chanel got into the basement without you seeing her go 7 down there? 8 A. Can you repeat that one more time? 9 Q. Yeah. 10 After the incident happened that you witnessed 11 between Mydra and Chanel, did anyone at THC ever ask 12 you or wonder in front of you how is it that Chanel got 13 in the basement without you seeing her go down? 14 A. Did they ever ask me personally? 15 Q. Right. I say that because you pointed out if 16 she had tried to go down there, you would have said no 17 way, you can't go down there? 18 A. No, not that I recall. No. 19 Q. As you sit here today, do you have any idea 20 how Chanel got there the day of this alleged attack? 21 A. No. 22 Q. When you -- let's just, again, let's talk 23 about last year in May of '08. When you come on duty, 24 do you look to see if all the keys that are supposed to 25 be there behind the desk are there? 52 1 A. Yes. 2 Q. And so the morning of this alleged incident, 3 when you came on duty, you would have seen whether or 4 not the elevator key was there? 5 A. Correct. 6 Q. How many elevator keys are there? 7 A. Three. 8 Q. And they're all kept -- in May of '08, they're 9 all kept behind the front desk? 10 A. One -- one for the general manager, two 11 for -- one for the janitor, one for maintenance. 12 Q. But they're all kept behind the front desk? 13 A. Not at all times. 14 Q. Okay. So, well, obviously if someone is using 15 it, it can't be there? 16 A. Exactly. 17 Q. But, so like if the general manager is going 18 to go down or use the elevator, he just gets the key 19 and goes and uses it? 20 A. Correct. 21 Q. Okay. Do you have to sign out keys there? 22 A. No. 23 Q. As part of your job, are you told to keep 24 track of the keys? 25 A. Yes. 53 1 Q. Is that in writing somewhere or someone tell 2 you that's part of your job, always check the keys? 3 A. No, it's not in writing. 4 Q. Okay. But part of your orientation training, 5 they said always make sure the keys are always where 6 they're supposed to be? 7 A. Correct. 8 Q. Okay. And when you came -- after this 9 incident, Chanel is arrested, Mydra is taken to the 10 hospital, did you look -- did you ever notice whether 11 any elevator keys were missing? 12 A. No. I didn't check. 13 Q. And in the morning of the incident, you 14 mentioned you saw Chanel leaving, had a friendly 15 conversation, saw her come back in, right? 16 A. Yes. 17 Q. After you saw her come back in from getting 18 her check, what did she do? Did she go upstairs? What 19 did she do? 20 A. I don't recall if -- 21 Q. You don't recall seeing her go down to the 22 basement door, do you? 23 A. I know for a fact she didn't go down. 24 Q. How do you know that? 25 A. At least -- at least I didn't see her go down 54 1 to the basement through the basement door. 2 Q. Would you have seen her if you're at the front 3 desk, full position, your faculties working and all 4 that, would you have seen her if she walked in and into 5 the basement door that morning? 6 A. If I'm not busy, yeah. 7 Q. Okay. So I understand your answer like if you 8 were dealing with someone or looking down for something, 9 you might not have seen her go in? 10 A. Exactly. 11 Q. As far as you know, you didn't see her go down 12 when you were on duty? 13 A. Correct. 14 Q. Is the elevator sufficiently noisy, you could 15 hear it going up or down? 16 A. Yes. 17 Q. Do you recall immediately hearing calls for 18 help, that the elevator going up or down to the basement 19 or anything? 20 A. No. No. 21 Q. Oh, this statement that you gave to Sandra 22 Smutz, the Public Defender's investigator, is it pretty 23 much the stuff you told me today? 24 A. Yes. 25 Q. Did they ask -- were you asked if there was 55 1 any kind of problems between Mydra and Chanel? 2 A. Yes. 3 Q. And what did you say in response to that? 4 A. Nothing that I knew of. 5 Q. Okay. Did you get along with Mydra okay? 6 A. Yes. 7 Q. Now, had you ever seen Mydra and Chanel -- 8 prior to the day of the incident, had you ever observed 9 Mydra and Chanel interacting in any way? 10 A. No. 11 Q. Had Chanel ever said anything about Mydra to 12 you prior to the incident? 13 A. No. 14 Q. Were you aware whether Chanel had any sort of 15 problems with any other workers at the hotel? 16 A. No. 17 Q. Did she have problems with -- Chanel have any 18 problem with any other tenants at the hotel in May of 19 '08? 20 A. No. 21 Q. Oh, since you testified at the preliminary 22 hearing at 850 Bryant, has Chanel's attorney ever 23 contacted you since? 24 A. No. 25 Q. Since you testified at the preliminary 56 1 hearing, has any investigator from the Public 2 Defender's Office, including Sandra Smutz, ever talked 3 to you about anything? 4 A. No. 5 Q. Has anyone told you they want you to be at a 6 trial, for example? 7 A. They told me they'll keep me updated. 8 Q. So, in other words, if they needed you for 9 trial, they would give you a call? 10 A. Yes. 11 Q. Okay. How did you get down to the Hall of 12 Justice the day of your testimony? 13 A. I actually drove there. 14 Q. And when you got down there, did you see other 15 employees of the THC? 16 A. Yes. 17 Q. And who did you see down there? 18 A. I don't know his last name. First name is 19 VN, maintenance. 20 Q. VN is a maintenance guy? 21 A. Yes. 22 Q. Is he Vietnamese? 23 A. Correct. 24 Q. And go ahead. 25 A. That was it. 57 1 Q. How about Colleen, did you see her? 2 A. Not until we actually got into the courthouse 3 through the courthouse. 4 Q. Maybe my question wasn't clear. I'm just 5 asking who you saw in the courtroom or around it. I 6 wasn't very clear on that. So, let's just talk about 7 that. At the courtroom or right outside of it, did you 8 see VN? 9 A. Yes. 10 Q. And who else, if anyone? 11 A. Emanuel White, our janitor. 12 Q. Okay. 13 A. Jesus Lopez. 14 Q. How about Colleen? 15 A. Colleen, correct. Steven -- I don't know his 16 last name -- but he was our assistant manager at that 17 time. 18 Q. Could it be Williams? 19 A. Yeah, exactly, Steven Williams. 20 Q. Okay. 21 A. Ann, she is a desk clerk. 22 Q. How about Maria Hunter? 23 A. No, I didn't see her that day. 24 Q. Do you know Maria Hunter? 25 A. Yes. 58 1 Q. Does she also work as a desk clerk? 2 A. Yes. 3 Q. In May of '08, was she working at the Hartland 4 also? 5 A. If I'm correct, no, she was not at the 6 Hartland. 7 Q. Do you know if Maria Hunter was friends with 8 Chanel? 9 A. I don't know. 10 Q. Okay. So we got down to Ann. How about James 11 Holland? 12 A. I don't think I saw him that day. 13 Q. Do you know why Emanuel White was down there? 14 A. Because he worked with us. 15 Q. Okay. I mean, did anyone ever tell you like 16 he's a witness or he's going to talk about something? 17 A. No. 18 Q. Did you have any conversation with the people 19 you just mentioned while you were outside the 20 courtroom? 21 A. No. 22 Q. Any conversation with them inside the 23 courtroom? 24 A. No. 25 Q. I guess they made witnesses wait outside until 59 1 they were called, right? 2 A. Yes. 3 Q. So when you were testifying, no one else from 4 the THC was sitting there? 5 A. No, no one. 6 Q. I know what I wanted to ask. Were there any 7 tenants of the THC down there at the courtroom? 8 A. Actually there was one tenant. 9 Q. What's his name? 10 A. Michael Williams in Unit 520. 11 Q. Okay. And anyone else? 12 A. No. 13 Q. Did you have any conversations with 14 Mr. Williams? 15 A. No. 16 Q. Did you see him in the courtroom while you 17 were testifying? 18 A. Yes. 19 Q. Did you see him leave the courtroom at any 20 time while you were testifying? 21 A. No. 22 Q. Okay. But you did see him in there. Did you 23 see him talking to other THC employees outside the 24 courtroom? 25 A. I think he said hi, and that was it. 60 1 Q. Okay. What does Mr. Williams look like to 2 you -- Michael Williams? 3 A. African-American, about 5'8". 4 Q. Okay. 5 A. Stocky, dreads. 6 Q. Okay. What would you think his age is 7 approximately? 8 A. Age, approximately, I would say, early 40s. 9 Q. Do you know what he was doing there? 10 A. No. 11 Q. Have you ever talked to him about what he was 12 doing there? 13 A. No. 14 Q. You know I'm just about done. I want to take 15 a short break and talk some stuff over with my client. 16 MR. ELLIS: Do you want me to call James 17 Holland? 18 MR. WEISS: Let me come back in and let me see 19 what I have. Off the record. 20 (Whereupon, a break was taken from 10:34 a.m. 21 to 10:44 a.m.) 22 MR. WEISS: Back on the record. 23 I wanted to ask you something about Chanel 24 going into the basement. It looks like in the 25 transcript you mention something about -- well, you were 61 1 asked about talking to Chanel after the incident but 2 before the police arrived and you said she mentioned 3 that she, being Chanel, she went down to the basement 4 to retrieve a vacuum or get a vacuum and got into a 5 verbal altercation with Mydra. 6 Q. Do you remember Chanel said she was going to 7 go down to the basement to get a vacuum? 8 A. Well, after the incident we were waiting for 9 the police to arrive to show up. She -- I asked her 10 what happened. She said she wanted to go down there 11 to get a vacuum -- to use a vacuum. 12 Q. But how did she get down there, do you know? 13 A. I don't know. I don't know. 14 Q. So, all right. And then do you know what an 15 86 list is? 16 A. Yes. 17 Q. What is the 86 list? 18 A. It's a list consisting of tenants, usually 19 ex-tenants, formal tenants that used to live in the 20 building, visitors, anybody that's usually broken our 21 policies. 22 Q. Okay. Now, was Chanel ever put on the 86 23 list? 24 A. After the incident, yes. 25 Q. Okay. And how did you become aware of that? 62 1 A. Through management. 2 Q. I mean, like did someone send you an e-mail? 3 Did someone tell you person to person? 4 A. Well, I heard through my general manager, 5 Jesus. 6 Q. What did he say? 7 A. Chanel Samuel is 86 from all of our hotels. 8 Q. Okay. Do you keep a list behind a desk of 9 people on the 86 list? 10 A. Yes. 11 Q. Is it a piece of paper somewhere? 12 A. Yes. 13 Q. Where is that kept? Is it laying on the desk 14 or is it taped somewhere? 15 A. It's usually in a binder with -- a little 16 black binder right at the front desk. 17 Q. Was Mydra ever put on that 86 list? 18 A. No. 19 Q. Okay. I'm not saying she was. I'm just 20 asking.. 21 Did you ever hear about whether Chanel failed 22 to pay rent? 23 A. No. 24 Q. Did you learn anything about the THC's 25 eviction? 63 1 Let me ask it this way: Did you ever hear 2 whether or not THC did something to keep Chanel from 3 coming back here as a tenant? 4 A. No. 5 Q. Did anyone ever tell you that she was evicted? 6 A. No. 7 Q. Now, if someone is a tenant and they're also 8 in the 86 list -- let me ask it this way. 9 If someone is a tenant, could they also be put 10 on the 86 list? 11 A. They would have to be a former tenant or an 12 ex-tenant that used to live in the hotel. 13 Q. Okay. When did you learn that Chanel was on 14 the 86 list, like the next day after the incident? 15 A. No more than a week after the incident. 16 Q. Okay. And was the assistant manager at the 17 time of Hartland Hotel, Steve Williams? 18 A. Yes. 19 Q. Ever have any conversation with Steve Williams 20 about this incident? 21 A. Yes. 22 Q. What was your conversation with Mr. Williams? 23 A. How crazy the whole incident was. That was 24 really it. 25 Q. I can't believe this happened. 64 1 A. Right, exactly. I can't believe how this all 2 happened. 3 Q. Did you discuss with him how Chanel got into 4 the basement? 5 A. No. 6 Q. Did Mr. Williams ever tell you he had problems 7 supervising Chanel? 8 A. No. 9 Q. So nothing came up like that? 10 A. No. 11 Q. Did you, guys, ever discuss her drug use? 12 A. No. 13 Q. Chanel's drug use? 14 A. No. 15 Q. How often in 2008 would Colleen Carrigan check 16 in at the hotel to see what's going? When I say "check 17 in", I mean, show up. 18 A. Not often. I would say three times a month, 19 maybe. Not more than that. 20 Q. Okay. Did she ever call and just hi, what's 21 going on? 22 A. Yes. 23 Q. How often would she do that? 24 A. Same thing, not often. 25 Q. Okay. Michael Williams, you mentioned 65 1 Unit 520 at the preliminary hearing. Did he -- I'm 2 sorry -- I don't know if I asked this.. Was he friends 3 with Chanel? 4 A. I think so. If I'm correct, they knew each 5 other. 6 Q. Okay. Has he ever talked to you about the 7 incident -- Michael Williams? 8 A. No. 9 Q. Did anyone at the THC Housing Clinic, 10 management advise you what they wanted you to testify 11 to? 12 A. Well, they kind of gave me a general idea of 13 what I would expect, and that's about it. 14 Q. And who at THC gave you an idea what to 15 expect? 16 A. Jesus Lopez. 17 Q. What did he tell you generally speaking? 18 A. Oh, just generally what was going to happen. 19 Like I said, he didn't get into any details. He 20 couldn't tell me anything, but just like I said, some 21 procedures and -- 22 Q. How about Colleen, did you ever have a 23 discussion with her about your testimony before you 24 testified? 25 A. Before I testified? 66 1 Q. Right. 2 A. Yeah, I spoke with her. 3 Q. Tell me about that conversation, what was 4 that? 5 A. Just like I said, same -- how am I doing? 6 Exactly what happened? Are you sure this is what 7 happened? She wanted to make sure that I realized 8 that it is none of our fault. 9 Q.. Did she say that -- did she say words to the 10 effect that it wasn't the THC's fault? 11 A. Not necessarily THC, but she just wanted to 12 re-assure me it wasn't my fault. 13 Q. Oh, you personally? 14 A. Yeah, exactly. 15 Q. Did she say anything else about the THC, 16 whether it's their fault or not? 17 A. No. 18 Q. Did anyone at THC management ever express an 19 opinion to you that's not the THC's fault that this 20 happened? 21 A. No. 22 Q. Did anyone -- conversely, did anyone at the 23 THC ever express an opinion that maybe it was the THC's 24 fault that this got so far? 25 A. No. 67 1 Q. Did you ever meet with Randy Shaw about this? 2 A. No. 3 Q. Did he ever call you? 4 A. No. 5 Q. Do you know who is the next -- Randy Shaw is 6 the executive director, right? 7 A. Yes. 8 Q. And who is the next layer underneath him if 9 you know? 10 A. I don't know her name offhand. 11 Q. Okay. This thing about Chanel getting a 12 vacuum, she said she wanted to get downstairs; is that 13 what you are saying? 14 A. Correct. 15 Q. And would she have had to have a key of some 16 sort to get the vacuum? In other words, is it locked in 17 like a janitor's room or something? 18 A. No, no. The actual vacuum, itself, is not 19 locked. 20 Q. Okay. Did Chanel ever try to tell you -- did 21 Chanel ever tell you that she thought Mydra started it? 22 A. Did Chanel ever tell me that? 23 Q. Yes. 24 A. No. 25 MR. WEISS: Okay. I think that's about it. 68 1 I appreciate it. Thank you for your time today. 2 (Whereupon, proceedings concluded at 3 10:53 a.m.) 4 --o0o-- 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 69 1 STATE OF CALIFORNIA ) SS 2 COUNTY OF ___________________________ ) 3 4 5 I, the undersigned, declare under penalty 6 of perjury that I have read the foregoing 7 transcript, and I have made any 8 corrections, additions or deletions that I 9 was desirous of making; that the foregoing 10 is a true and correct transcript of my 11 testimony contained therein. 12 13 EXECUTED this _______ day of _____________, 14 2009, at ____________________, 15 _________________. 16 [City] [State] 17 18 19 _____________________________________ 20 JAMES KANG 21 22 23 24 25 70 1 STATE OF CALIFORNIA ) 2 ) ss. 3 COUNTY OF SAN FRANCISCO ) 4 5 6 I, DEBRA L. ACEVEDO-RAMIREZ, hereby certify: 7 That I am a Certified Shorthand Reporter of the 8 State of California; 9 That in pursuance of my duties as such, I attended 10 the proceedings in the foregoing matter and reported 11 all of the proceedings and testimony taken therein; 12 That the foregoing is a full, true and correct 13 transcript of my shorthand notes so taken. 14 Dated: 15 16 17 18 ________________________________________ DEBRA L. ACEVEDO-RAMIREZ, RPR, CSR 7692 19 20 21 22 23 24 25 71