***Publisher's Note: With rare exception, the cowardly failure of this community to financially support this publication is stunningly pitiful and selfish. Worse yet, the sickening defense and excuse of cowardice by some is appalling. If readers care so little for this community and each other, why should I? T.C.*** Page 117 television? Are you aware of -- A. I'm aware, but I don't know what times. Q. Do you know whether or not your office is paying for Cinemax and HBO? A. I'm not aware. Q. Do you-all have a VCR? Ever rent a VCR for the rec room? A. I'm not aware. Q. So you wouldn't be aware of the X-rated movies that have been rented for the inmates? A. I have -- Ms. Lockhart: Objection. The question assume facts not in evidence, but you may answer. The Witness: I have no knowledge. Questions By Ms. Jones: Q. Would you approve of something like that, X-rated movies being rented for your inmates? A. No. (At this time, an instrument was here marked for identification as Exhibit No. 5.) Questions By Ms. Jones: Q. I'd like you to take a look at Exhibit 5. Ms. Jones: This is the Page 118 origin of Exhibit 5, Bonnie, Section 351. Here's the particular page, but I wanted you to see the origin of it. Ms. Lockhart: Okay. Questions By Ms. Jones: Q. Sheriff, I'd like you to look at Exhibit 5. It's a page out of Chapter 351 of the Local Government Code. Have you ever seen that section before? A. Yes, ma'am. Q. All right. If you would take a look at the section, Chapter 351.041, what is the title of that section, please? A. It says "Sheriff." Q. All right. And that's you, right? A. Yes. Q. All right. Subchapter C, "Operation of County Jails," Section 351.041 states: "(a) The sheriff of each county is the keeper of the county jail. The sheriff shall safely keep all prisoners committed to the jail by a lawful authority, subject to an order of the proper court." Did I accurately read that into the record? A. Yes. Q. And do you agree with that? A. Yes. Q. And (b) says, "The sheriff may appoint a jailer Page 119 to operate the jail and meet the needs of the prisoners, but the sheriff shall continue to exercise supervision and control over the jail"? A. Yes. Q. Do you agree with that? A. Yes. Q. Do you still continue to exercise supervision and control over your jail in Llano County? A. Yes. Q. And how do you do that? A. Through my chief jailer. Q. Right. You've appointed him chief jailer, correct? A. Yes. Q. Well, how do you still continue, as the law requires you to do, to exercise supervision and control over the jail? A. I do. Q. How? A. By going up and checking and making sure things are running smoothly. Q. For 30 minutes each day that you're on duty? A. I'm not sure about 30 minutes. Q. Is it less or more? A. It could be more; it could be less. Page 120 Q. Do you think that's adequate to continue to exercise supervision by going up there maybe less than 30 minutes? A. Yes. Q. And do you think that's enough time to spend in the jail to maintain control over the jail? A. Yes. Q. Do you think if you had spent more than 30 minutes up there you could have determined that your own locks on the females' jail cell didn't work? Mr. Nelson: Objection; calls for speculation. Go ahead. Questions By Ms. Jones: Q. You can still answer, if you can? A. Our jail has been certified for 17 years by a man that's really looking for problems. And I don't think I could have found it. I didn't have any complaints from anyone that anyone was getting into the cell. Q. Well, how could they? You were only there 30 minutes a day. Ms. Lockhart: Objection. He said it could be more, it could be less. I think that's a mischaracterization of his testimony. Page 121 Questions By Ms. Jones: Q. Well, how could you have gotten complaints? You were only up there on occasion maybe more than 30 minutes a day, maybe less than an hour? The bottom line -- A. Is that a ? Question. Q. Yes. I'm not finishised with it yet. A. I'm sorry. Q. The bottom line is, did you have sufficient time up there to determine those things that you say you discovered after this incident involving my client? A. Would you repeat? Q. Do you think you spent sufficent time in your jail to determine what the true conditions were of that jail? A. Yes. Q. You have three shifts, correct, where your jailers work three shifts? A. Four. Q. Four shifts. Do you exercise supervision over those jailers during all four shifts? A. My chief jailer. Q. I'm asking about you, sir, you as sheriff. A. No. Q. Do you have supervision over all four shifts? Page 122 A. No. Q. Which shifts do you have supervision over? A. I'm not sure exactly what you mean. I don't have a supervisor on each shift. Is that what you're asking? Q. No, sir. A. Okay. Q. Let me clarify. My question is regarding your supervision as the sheriff. Which shift do you work when you're on duty? A. I work 24 hours a day, 7 days a week. Q. All right, sir. Do you supervise all four shifts? As sheriff, do you supervise all four shifts? A. Every day? Q. Every day. A. No, ma'am. Q. When you spend your 30 plus or minus minutes in the jail on the third floor, do you spend those 30 minutes on a particular shift? A. No. Q. Do you randomly select which shift you will spend those 30 minutes on? A. No. Q. Is it usually during daylight hours? A. No. Page 123 Q. When is it? A. It's all different times of the day and night. Q. So if you are working, do you have a certain time to work as the sheriff when you're actually in your office? Is it 8:00 to 5:00, 9:00 to 5:00? A. It varies. Q. What does your typical work week look like? A. 9:00 to 5:00, 8:00 to 5:00, 7:00 to 5:00, 6:00 to 5:00. Q. All right, sir. And during that shift that you normally work -- I know it's not always but normally work -- you spend 30 plus or minus minutes in the jail, correct? A. Ma'am, I think I've answered this before. Q. I'm trying to determine times of day, and you said you work -- it's all times of day, and I'm trying to determine what's typical as opposed to random. A. I don't recall. Q. What don't you recall? A. I don't recall how many shifts I -- how many times I go up in a shift. Q. Does Melvin Lawson supervise a particular shift? A. Usually 7:00 to 7:00. Q. How long has he been on the 7:00 to 7:00 shift? Page 124 A. I works 8:00 to 7:00, but he usually supervises 7:00 to 7:00. Q. And does Melvin Lawson, then, appoint someone to supervise 7:00 p.m. to 7:00 a.m. A. Usually the jailer is on duty. We have a small jail. Q. Yes, sir. A. We just have one -- one jailer per shift usually. Q. Yes, sir. When did you receive the list of potential grand jurors? I understand that you received a list of potential grand jurors last fall? A. No. Q. Do you recall when you received that list? A. No. Ms. Lockhart: Huh-uh. Questions By Ms. Jones: Q. Excuse me? A. I don't know. Q. The Grand Jury met in January. Do you recall that? A. I don't remember. Q. Do you remember testifying before the Grand Jury? A. I didn't testify before the Grand Jury. Page 125 Q. Okay. Do you remember receiving a list of potential grand jurors? A. No. Q. Do you remember telling the District Attorney, Sam Oatman, that the county is screwed if Johnny Pesina gets indicted by the Grand -- A. I didn't say that. Q. Let me finish. -- by the Grand Jury? A. No, I didn't say that. Q. You didn't tell Oatman that? A. I did not. Q. Did you tell one of his assistant DAs that? A. I did not. Q. You're sure? A. Yes. Q. Did you informally meet with grand jurors prior to their convening in January to tell them that Tina Wisdom had filed a lawsuit and the county is screwed if Pesina gets indicted? A. No. Q. Did you meet with any of the grand jurors before they convened in January about this case? A. No. Q. Do you believe that the county is in a better position since Johnny Pesina did not get indicted for Page 126 Tina Wisdom's rape? Mr. Nelson: Objection; calls for speculation. The Witness: I don't know. Questions By Ms. Jones: Q. I'm sorry? A. I don't know. Q. Sheriff, do you believe that inmates are less credible than noninmates? A. Yes. Q. Do you believe Johnny Pesina, his position on what happened between himself and Tina Wisdom? A. Yes. Q. So do you believe anything about Tina Wisdom's statement to you, her statement to you about what happened? A. She didn't -- she didn't make a statement to me. Q. She talked with you, correct? A. Just briefly in jail. Q. All right. Did you believe what she told you? A. She didn't tell me that she had been raped. Q. Do you believe that she was raped? A. We don't have any evidence to that effect. That's the only thing I go by. Page 127 Q. Well, do you or not? I mean, do you or not believe that she was raped? A. I do not. Q. Do you consider yourself to be a trustworthy individual? A. Yes. Q. Credible? A. Yes. Q. And you were arrested before, correct? A. Yes. Q. You were incarcerated before? A. Yes. Q. So having been arrested and incarcerated does not necessarily mean you're not a credible person? A. I understand. Q. You agree with that? A. Yes. Q. Where does your wife, Connie, work at this time? A. Wind Chimes. Q. I'm sorry. Wind Chimes? A. Wind chimes. Q. Did she work for Dr. Styt in the past? A. Yes. Q. Sheriff Garrett, are you a wife beater? Page 128 A. No. Q. You never beat your wife? A. No. Q. Did Dr. Styt ever treat your wife for injuries she sustained by your hand? A. No. Q. Did you ever hit your children? A. I've spanked them. Q. Have you beat them? A. No. Q. Bruised them? A. No. Maybe their bottoms. Q. Do you remember attending a Christmas party, Sheriff, at the Meadow Lakes Country Club this past Christmas, just a few months ago -- five months ago? A. No. Q. You don't remember attending a party -- a Christmas party there? A. No, ma'am. It wasn't me. Q. Do you recall stating to a number of people in public that -- referring to me, I'm assuming, that that nigger woman in Austin is not going to bring me down? A. No, ma'am. I would never say that. Q. Have you ever referred to me as a nigger? A. No, ma'am. Page 129 Q. And anybody that would testfy that you did is lying? A. Excuse me? Q. Anybody that would testify that you did call me a nigger is lying? A. Yes, certainly. Q. Did you tell other people that my life was in danger because of what I was doing to Llano County? A. No, ma'am, no. Q. You never threatened my life? A. No. Q. Anybody that would testify that you did threaten my life would be lying? A. Yes, definitely. Q. Do you ever recall using the term "nigger"? A. Do what? Q. Do you ever recall using the term "nigger"? A. Referring to you? Q. Referring to anyone. Q. No. Q. You've never used that term? A. I said I don't recall. Q. Anybody said that they heard you using that term would be lying, sir? A. I don't know. Page 130 Q. Sir, you're under oath. A. I understand that, but I said I don't know. Maybe I have; maybe I haven't. But I hadn't referred to you, ma'am. I haven't made any threats on your life. I can promise you that. Ms. Lockhart: Answer the question. The Witness: Okay. Questions By Ms. Jones: Q. Do you intend to do bodily harm to me? A. No, ma'am. Q. Do you intend to have anyone else do bodily harm to me? A. No, ma'am. Mr. Crenshaw: I'm going to object. It's becoming argumentive. It's way, way out of the bounds of what we're here for today. Ms. Jones: I appreciate your objection, but this is a deposition and all these issues are relevant. Mr. Crenshaw: I certainly don't see how whether he called you the N word is relevant in the cause of the trial of this case. Ms. Lockhart: I'd have to agree in that, Counselor. Page 131 Ms. Jones: Well, we'll deal with that when the time comes. Mr. Crenshaw: It's way, way out of bounds, Counselor. Ms. Jones: I agree with you, and that's why I'm asking the questions. Mr. Crenshaw: Okay. He's answered your questions. Please move on. Ms. Jones: I'm taking this deposition, Mr. Crenshaw. Mr. Crenshaw: Okay. Questions By Ms. Jones: Q. Sheriff Garrett, would you consider yourself a racist? A. No, ma'am. Q. Sheriff Garrett, do you believe you have proper control over your jail? A. I think so. Q. Do you think you did last fall, September of 1997? A. I think so. Page 132 Q. In September of 1997? A. Yes. Q. I'm going to take a couple of minutes break -- A. Okay. Q. -- and go through my notes. Then we'll wind up. The Videographer: Off the record at 2:36 p.m. (Brief Recess) The Videographer: We're back on the the record at 2:52 p.m. Questions by Ms. Jones: Q. Sheriff Garrett, you spoke earlier during your testimony about the fact that you and your investigators were searching for a key after determining that Johnny Pesina had indeed gotten into the women's cell? A. Yes. Q. Is that correct, sir, that you were -- A. Yes, ma'am. Q. And so it was a key that you were searching for? A. Yes. Q. Where are the keys typically maintained? A. Either on the jailer or locked up in a desk. Q. How many sets of keys are there? Page 133 A. There's two sets. Q. And one set is with the jailer on duty? A. Yes. Q. And where is the other set, please? A. In the lower drawer of the -- in the booking desk locked up. Q. In the booking desk. Is that booking desk -- refresh my memory. Is it in -- on the third floor? A. Yes, ma'am, it's on the third floor. It's right -- it's where we do all our booking. It's right next to the holding cells and -- Q. All right, sir. And the set of keys that are in the drawer of the booking desk, is that drawer locked? A. Yes. Q. And where is the key to the drawer maintained? A. I don't know that. I'm -- I'm not sure. Q. Do you know if a set of keys that the jailer has and the set of keys in the lower drawer at the booking desk are a duplicate set of keys? A. Are you talking about the jail keys? Q. Yes, sir. Is there a duplicate set that the jailer has in the lower drawer of the booking desk? A. Yes. Q. So when you were looking for a key, what key were you looking for? Page 134 A. The one to Cell No. 9. Q. All right. Are they kept on one ring or in one grouping of some sort? A. Yes, on a big ring. Q. So how could one take one key off of the ring -- the key ring? A. We just thought there was another key missing, had thought maybe the one in the lower drawer was missing or I -- there was rumored that there was a key. Q. All right. A. And we started looking and we never located another key. Q. Did anyone count the keys in the lower drawer to determine that there was a key missing from that set of keys? A. Yes, ma'am. We checked. Q. Was there a missing key? A. No, ma'am. Q. Did you check before or after the search began for that one key? A. We -- we checked when we started the search for the key. We unlocked the door and checked. Q. All right. A. We had the number off the key that the jailer had, and it corresponded to the one in the drawer. Page 135 Q. All right. So you looked in the drawer after you conducted the search for the key? A. Yes. Q. Do you have a policy or is there a standard operating procedure relating to who can access the keys -- two sets of keys? A. What do you mean by -- Q. Is there a procedure that outlines who can have access to the keys, whether it's the set in the booking lower drawer or if it's the set for the jailer? Is there anything in writing that describes and outlines how keys can be utilized and by whom they can be utilized? A. I'm not sure. Q. Do you recall ever seeing such a procedure? A. I've seen a procedure where trustees couldn't have keys under the trustee rules, but I'm not sure about if there's a written policy on that or not. Q. To your knowledge, there are only two sets of keys to your jail? A. Yes, ma'am. Q. Do you have your own set of keys, sir, to the jail? A. Yes. Q. So -- A. We've got two sets. Page 136 Q. All right, sir. The two you've told me about, one where the on-duty jailer retains a set in his or her possession, correct -- A. Right. Q. -- and then the set in the booking drawer correct? A. Yes. Q. Do you have your own set? As the sheriff, do you have a separate set? A. I've got an assortment of keys. Q. All right, sir. So there's really only one set that the jailer can access at this time? A. Right. Q. Was that a changed policy that you made after this incident? A. I didn't know there was a second set of keys. I thought I had them all in my office. See, I've got a ring of various keys. And I asked -- when I asked my chief jailer -- I said, "Do you have any more keys up there?" And he said, "We've got some locked in the bottom drawer." Page 137 And he got them out and I looked at them, and I said, "Well, you-all only need but one set of keys up here." So I just took them and put them in my closet. Q. And when did you do that, sir? A. I don't -- I don't recall what the date was. It might have been that same day. I don't know. Q. Was it after this incident? A. Oh, yes. Q. Is there a separate key or a special key for the bean hole? A. Yes. Q. And it opens only the bean hole? A. Yes. Q. And is that set part of -- the only set of keys that you now have in your possession as well as the set that the jailer has? A. Yes. But the bean hole key is separate from the ring. Q. It is not attached to the ring? A. No. Q. Where is that key kept? A. In the drawer. Q. The booking drawer? A. Yeah. Page 138 Q. And, once again, that booking drawer is locked, correct? A. Not the -- not the one -- Q. That keeps the bean hole key? A. The bean hole key is not locked. Q. It's an unlocked drawer? A. Yes. Q. All right, sir. Do you know who Brenda Norris is? A. Yes. Q. Were you aware that Brenda Norris was called in to identify knives during this investigation -- or subsequent, rather, to this incident? A. I know they interviewed Brenda, but I don't know, you know, what -- what took place in the interview. I don't have any idea. Q. So you weren't aware that she was called in? Maybe not solely for the purpose of identifying knives, but during that meeting she identified -- was asked to identify knives? You weren't aware -- A. I don't know. Q. Okay. You weren't told about that? A. No. Q. We already talked at length about trustee selection and determination -- Page 139 A. Yes. Q. -- and your changes to that -- A. Yes. Q. -- selection process, sir? Do you know whether or not there ever has been or there is now a written policy on selecting inmate trustees? A. There's not -- I talked to my chief jailer yesterday, and he said there was no written policy on selecting trustees. Q. Did you instruct him to prepare a written policy on such? A. Yes, ma'am. Q. We've talked about your participation or some level of your participation in the selection of trustees as of now? A. Yes. Q. And also some other changes that you made. Are there changes that you made in your jail, whether they be physical changes in that you had the lock repaired, that you haven't told me about today? A. Do you have any specific -- Q. Legal changes? A. -- specific things that -- Q. Well, that's what I'm asking you. Is there any other change or are there any other changes that have (Continued on Garrett Deposition V7)