Surveillance video introduced to jury

<param name="movie" value="http://www.youtube.com/v/-ldpr7vxug8&hl=en_US&fs=1&rel=0&color1=0x006699&color2=0x54abd6&border=1"><embed src="http://www.youtube.com/v/-ldpr7vxug8&hl=en_US&fs=1&rel=0&color1=0x006699&color2=0x54abd6&border=1" type="application/x-shockwave-flash" allowscriptaccess="always" allowfullscreen="true" width="445" height="364">The second day of the State of Missouri vs. Heather Ellis trial resumed this morning at 8:30 a.m., with the jury hearing testimonies from 12 different individuals.

Heather Ellis is accused of four charges, two of assault to an officer of the law, one resisting arrest, and one peace disturbance, in connection with the incident that occurred at Walmart on January 6, 2007.

Betsy Walls, the store cashier directly involved with the incident, was first to testify on behalf of the state, represented by Prosecuting Attorney Morley Swingle of Cape Girardeau County.

Walls noted that she had been employed at Walmart for seven years and was the cashier on duty in aisle 13 at approximately 11:30 p.m., on January 6, 2007, the night of the incident surrounding Ellis.

She added that it was getting close to midnight, the time that the business closed out registers.

Several people were in the line for the register at this time, according to Walls, who added that she was unaware of how many other aisles were open.

Walls said that she had turned and looked down her line several times and remember two or three people against her conveyer belt, including Walmart CSM Linda Maddox, Teresa Kinder, and two other men.

She told Swingle that she "checked" Maddox's cigarettes and Kinder was next in the line, with her stuff already on the conveyer belt.

Swingle asked if Walls had ever seen Kinder anywhere but Walmart, to which she replied "no."

She added that Kinder would come through the line at night and only knew her name because she always paid with a check.

"I started checking and looked up to see somebody shoving the items back," Walls said.

She noted that the lady said, "I'm next," and she replied by saying "I'm sorry, but I didn't see you."

Following this conversation, Walls said she continued to do her job and did not recall anything else that was said. She added that she called management and security due to the situation.

"I went ahead and checked Kinder out, reaching over [Ellis'] stuff," Walls said.

She told Swingle that she called both, management and security, at the same time.

Walls explained that management arrived on the scene first and was talking to the lady. Walls noted that while the two were talking, she reached behind the items to "check" the next gentleman in line.

"I heard Kay [McDaniel] say, 'could you please leave,'" Walls said.

She noted that the lady responded, "(expletive)."

"I asked Kay if I should check her out and proceeded," Walls said.

The lady then threw her cash down on the scale, according to Walls.

She added that she did not hear any insults and continued doing her job.

McDaniel, the security guard, and Kinder did not raise their voices, Walls noted.

She told Swingle that Ellis was "loud" and "yelled a phrase" but not screaming or anything besides the one instance.

The security guard then called for backup, according to Walls.

"More police came in and I did not hear or see anything after that," Walls said.

Swingle asked if Walls had watched the surveillance video over aisle 13 and if she felt it was fair and accurate, to which she replied, "yes."

Swingle presented state exhibit one, which was the surveillance video provided by Walmart.

Walls noted that she recognized the playing as the surveillance video and identified Maddox when she walked to retrieve the pack of cigarettes.

She added that the merchandise appearing on camera, following the cigarette purchase, was Kinder's.

Walls then identified the lady's arm swiping the merchandise back on the conveyor belt, as Heather Ellis.

"I just went ahead and started checking [Kinder] out while I was waiting on management and security to get there," Walls said.

Walls then noted that she received a check from Kinder, which she ran through the machine. Following Kinder, Walls said that she was reaching over the lady's merchandise to "check" the man behind Kinder.

"The man had been in the line a long time and I was waiting to see what to do with the other issues," Walls said.

She noted that the defendant was "mouthing the whole time," but she was ignoring her and trying to take care of customers.

Walls then identified the portion of the video where she "checked" the defendant's merchandise, because McDaniel told her to.

"She had a few items and then a young gentleman came up with more and I had never seen him," Walls said. "She paid cash and threw it down on the counter. I gave her change and thanked her."

Walls noted that the defendant disturbed her because the line of customers was her main objective.

Defense Attorney Scott Rosenblum asked Walls if she had an appointment to meet on prior occasions with other witnesses and Dunklin County Prosecutor Steve Sokoloff, to which she replied "yes."

He asked if this meeting was essentially everybody in a room and Sokoloff asking what happened.

Walls replied that she did not remember.

Rosenblum followed the question by asking if the group was there to talk about the story with everybody informing each other of their individual story, to which Walls replied, "yes."

He noted that she had said her concern was with taking care of customers in line and asked if she was proud of the service she provided.

Walls noted that she was proud.

The defense then asked if she moved more products out the door than any other, to which Walls replied, "not any other."

He asked if her head was essentially down when checking.

Wall told Rosenblum that she had looked down the line.

He responded by explaining that she had previously stated she had "glanced."

"I turned my head and glanced," Walls said.

The defense asked if Walls was in a hurry that night and if it was true that she could not see straight ahead out of her right eye.

She noted that this was true so she had turned to look.

"You couldn't see an object in front of you, could you?" Rosenblum asked.

Walls explained that she couldn't if her other eye was closed.

Rosenblum asked if Walls had noticed the defendant in front of Kinder with a basket and leaving with the young man still in the line.

"I only look right ahead," Walls said.

"Please just answer, the prosecutor can ask you to explain," the defense said.

He informed Walls that Kinder had testified that the two were ahead of her in line and asked her response.

"I know [Kinder] said that because of previous meetings," Walls said.

Rosenblum noted that Walls had previously stated that she had never seen the boy until he placed his merchandise on the counter. He then asked why in her deposition she said that the young man was who she was with.

He asked if she saw an African-American juvenile with her.

Walls replied, "I didn't until it was over and that's what it said in the deposition. I wasn't paying attention."

Rosenblum noted that he understood and asked if she just wasn't paying attention to him.

"I was paying attention to my line," Walls said.

The defense asked, before Ellis pushed the items, if she had informed Walls that her cousin was in line.

Walls noted that she did not remember.

He asked if Ellis said anything to Walls before checking out Kinder.

He asked if it was important to Walls to take care of the customers and regular customers including Kinder.

Walls explained that she had no idea if Kinder was a regular customer.

Rosenblum invited Walls to look at her deposition, specifically where she noted that she knew Kinder from Walmart, where she would see her two or three night per week.

He asked if Walls could agree, which she did, that she said it this way under oath because it was the way she remember it. He followed this question by asking if Walls stopped what she was doing when the lady came up and informed her that her cousin was in line.

Walls replied, "No, I just went ahead."

Rosenblum asked Walls if she was aware that Kinder had actually elbowed the defendant first, to which Walls replied, "no."

When asked about the reason she called management, Walls noted that the reason was the defendant pushing the items.

The defense asked if Walls heard the talking without yelling and hollering.

"I did not hear that," Walls said.

"You were right there so could you agree that you couldn't have heard this conversation at the back of the store?" Rosenblum asked.

"I was scanning," Walls replied.

He asked if it was true that Ellis was not acting out while Kinder was "checked" and Walls waited on management, to which Walls replied, "yes."

She was asked about her decision to skip Ellis in line again, to which she responded that she just "got the next in line."

The defense asked if Walls agreed that this was the next in line in her view because Ellis was the next in line.

"She was the next that moved in front of other people in line," Walls said.

He asked if it was her choice to skip over her and take the white male behind her.

She replied that a white male and a black male were both behind her and she couldn't recall which was next in line.

Rosenblum asked if what the jury saw was Walls' choice to skip Ellis to next in line.

Walls explained that she just moved to the next standing in line at her conveyor.

Rosenblum asked, "as described by your, fair enough," to which Walls replied, "yes."

He asked if Walls asked McDaniel what she wanted her to do with Ellis.

"I didn't say if like that," Walls said.

"Did you ask what happened," Rosenblum asked.

"I know what happened," Walls replied.

The defense then asked Walls how long the defendant was to be punished.

Walls informed that she was not punishing the defendant.

He asked again if Walls heard screaming.

"I heard pretty loud talking," Walls said.

Rosenblum asked if Walls knew the difference.

She informed Rosenblum that she guessed it was up to perception.

He asked if she ever heard curse words.

Walls explained that she only heard it on one occasion.

The defense followed by asking who she was yelling it at, to which Walls replied, "I wasn't looking so I don't know."

Rosenblum asked if Walls thought the conveyor belt was a good place for the money to be placed.

"Well most hand it to me," Walls said.

He asked, "But some don't, did she throw it at you?"

Walls noted that Ellis did not throw the money at her, but it seemed like she threw it down and it was all over the place.

Did Ellis say anything before pushing the merchandise, the defense asked.

"She started pushing the items back and then said she was supposed to be next," Walls said.

Rosenblum then asked if Walls had said that she didn't see the boy because she wasn't paying attention.

Walls was cut off in response only being able to say, "I wasn't paying attention to the."

Rosenblum had no further questions.

Walmart Assistant Manager, Kay McDaniel, was next to give her testimony to the jury.

McDaniel noted that she had worked the 8 p.m., to 8 a.m., shift on the night of the incident in 2007.

At around 11:30 p.m., she informed that she heard loud voices from the direction of aisle 13, but could not understand what was being said.

McDaniel then explained that she heard a page for management and security to respond to aisle 13.

"I went straight there," McDaniel said.

When she arrived at the scene she noted that she saw the cashier and an African American lady.

"The cashier was trying to checkout a lady in line," McDaniel said. "I asked the cashier what was going on."

She added that the cashier noted that the African American lady had broke in line. At this time, McDaniel noted that Walls was already "checking" the other woman's merchandise when the African American lady pushed the merchandise back.

Walls went ahead and "checked" Kinder's merchandise, according to McDaniel.

"The African-American lady was being "loud" and I said, 'please quiet down and we will get to you, but she was here first,'" McDaniel said.

She noted that Walls "checked" Kinder, but the lady became "loud and mad."

"I said, 'we have to check out in order,'" McDaniel said.

While the girl was arguing with McDaniel, Walls "checked" the next guy, according to McDaniel.

"I told Walls to 'please check the girl out' so we could get her out of the store," McDaniel explained.

She informed that the lady then referred to her as "a stupid uneducated Walmart employee," as she showed her emotions on the stand responding to Rosenblum's questioning.

"I said, 'I just want to be fair, I don't know you and you don't know me,'" McDaniel said.

McDaniel then noted that she told the girl to lower her voice or she would have to leave the store because she was scaring other customers.

The lady informed McDaniel that she wouldn't and that she wouldn't leave, according to McDaniel.

She added that the lady then described Walls as "a gray haired old lady."

McDaniel said that the lady used the (expletive) word towards herself or Walls.

When the security guard, Kennett Police Department officer Craig Moody, showed up, the lady said, "you don't touch me," McDaniel informed.

She added that Moody said to the girl, "I am not touching you."

McDaniel confirmed that Moody did not touch the girl and "was just standing there."

"I said, 'Ma'am if you are not going to quiet down, you will have to leave,'" McDaniel said.

The lady responded to the request by saying, "no," according to McDaniel.

She noted that Moody then informed the lady that McDaniel was the manager, so she would have to leave if she requested it.

McDaniel then explained that the police arrived and informed the lady that she would have to leave because she was asked to.

She said she wouldn't leave until she was ready, according to McDaniel.

"I told her she had to because she was causing too much of a disturbance," McDaniel said.

She added that the lady had left a bag of merchandise, so she took it out to the police car.

When asked by Swingle, McDaniel explained that the police and lady exited out the General Merchandise side of the store, while arguing with the cops.

"She was saying that she wasn't leaving the store and cursing," McDaniel said. "She said for the police to 'keep their (expletive) hands off of her.'"

Swingle asked if McDaniel ever raised her voice or used profanity, to which she replied, "no."

She described the event as "upsetting" and that she had never dealt with anybody that couldn't get quiet or lower their voice.

When asked by Swingle, McDaniel explained that she was not disturbed or frightened.

The defense asked McDaniel if she had taken part in a group of individuals that met with Sokoloff to go over testimonies.

She noted that all witnesses met as a whole on two occasions.

He asked if she was shown the surveillance videos during the meetings, to which she replied, "I saw the videos, but not the entire video."

He asked if Walls, Kinder, and others told their versions of the story, while she told hers, to which she agreed.

Rosenblum noted that she had said that Ellis broke in line and that she would have to wait in line.

He then asked about the extent of the investigation of who was right and wrong between the two customers.

She noted that the customers' responses were the investigation.

He asked if Kinder told McDaniel that the lady was never in front of her, to which McDaniel replied that Kinder said the woman "broke in line."

He asked if Kinder said that the young man was in front of her.

She noted that she did not ask.

The defense asked if Kinder noted that she had elbowed the lady or that the lady had been in front of her leaving the youth in the line and essentially ignoring him, to which McDaniel responded, "no."

He followed this question by asking if McDaniel talked to the youth, to which she replied, "no."

She added that she had seen the youth in the area standing at the candy wall with his back to the cashier.

Rosenblum asked if an individual loses their place in line if they turn to get candy or other "impulse items."

"Not if they are in line, but he was sideways and not in line," McDaniel said.

"Did you make an attempt to talk to him," Rosenblum asked.

"No sir," McDaniel replied.

He then asked if the video viewing refreshed her recollections, to which McDaniel replied, "yes."

She explained that she could not remember if Kinder paid with cash or a check and the video reminded her.

"You are saying the man behind Kinder checked out before Ellis, because she was in a conversation with you?" Rosenblum asked.

McDaniel explained that when Walls finished with Kinder the girl's items were still at the register, but she was talking to her. She added that Walls then continued to "check" the gentleman who had been in line next.

He asked if McDaniel was saying that Ellis wasn't near her items and if she was certain that Ellis had left items and was down by the bags. Also asking if this was the reason that Ellis was skipped "again."

"The guy was supposed to be next in line," McDaniel said.

"[Kinder] then the guy, where was Heather," Rosenblum asked.

"By the bags talking to me," McDaniel said.

The defense asked if McDaniel was now changing the reason for the skipping.

McDaniel repeated that the guy was supposed to be next.

He asked again if McDaniel was having discussion with Ellis down by the bags, to which McDaniel replied, "definitely, I saw her moving the products."

Rosenblum then showed the surveillance video noting at 11:30:54, McDaniel was walking to aisle 13. He then asked McDaniel to identify herself, which she did.

"Let me show you what was going on in the aisle before you ever got there," Rosenblum said.

He noted that the video showed it was 15 seconds before McDaniel arrived on the scene and that Ellis' items were on the conveyor belt with none of Kinder's items.

Rosenblum added that the video at this time had not shown Ellis swipe any of Kinder's items.

He asked McDaniel if it "fair to say" that she never saw Ellis swiping, to which she replied, "yes sir."

The defense then noted that the video showed Ellis at the conveyor belt the whole time waiting to get checked out when "skipped again." He added that Ellis was not with McDaniel at the bags.

Rosenblum then asked if McDaniel saw Ellis get escorted at all, to which she replied, "yes, I watched them to the door."

McDaniel then noted, upon questioning, that Ellis had never shown any aggression toward her.

"When Moody comes up you told him to get her out," Rosenblum asked.

"I asked her to settle down," McDaniel said.

The defense asked how many times.

"I'm not sure but she said she didn't have to leave the store," McDaniel said.

When referring to Ellis calling McDaniel "an uneducated Walmart worker," Rosenblum asked if it was possible that Ellis said "you don't have to speak to her that way because she was an educated person."

McDaniel noted that Ellis may have said this as well, but it was after she described her as "an uneducated Walmart worker."

The defense then asked if she was a loyal employee to Walmart, to which she responded, "yes."

He asked what happened to the statement that Walmart had to prepare because he had not seen it, to which McDaniel replied, "I don't know."

"You don't know where documents are or much about video surveillance," Rosenblum said.

He added that she did know that several officers worked security for Walmart at the time, to which McDaniel agreed.

Rosenblum asked who prepared the videos and McDaniel explained it was the Walmart Asset Protection Officer.

He asked if she would be the correct person to contact for the videos, to which McDaniel replied, "no."

Walmart ICS Team Leader, Loretta Cunningham, followed McDaniel with her testimony.

Swingle asked if she was working at 11:30 p.m., on January 6, 2007, to which she replied yes.

He then asked Cunningham her location in the store when the incident began.

Cunningham noted that she was towards the back of the store in the Dairy Department putting butter on the shelves.

She noted that she was 200 feet away, at least, and she could hear yelling.

Cunningham added that she only heard one voice coming from the registers and couldn't understand the voice.

She added that she then heard a page asking for Security and Management to aisle 13.

"They were talking about cutting in line," Cunningham said.

She explained that she could hear the conversation as she got closer and that the voice was "loud and upset."

Responding to a question from Swingle, Cunningham noted that she saw an African-American woman at the register.

"[She was] saying that someone cut in front of her and she was agitated and loud," Cunningham said.

She informed that McDaniel arrived and asked about the problem and asked the lady to keep her voice down.

Cunningham added that McDaniel then asked the lady to leave.

"The lady said, 'I don't have to go any (expletive) where,'" Cunningham said.

She noted that officers were called and said she would be escorted out.

McDaniel asked the officers to escort the lady out, according to Cunningham.

"I turned around and walked off," Cunningham said. "I was walking Linda Maddox out of the store on the other side."

When Cunningham and Maddox went outside, she noted that she saw the officers and Ellis.

She added that she then heard scuffling and saw Ellis pushing or backhanding.

Cunningham explained that she could not see contact with any of the officers.

After walking Maddox to her car, Cunningham noted she saw Ellis handcuffed over the car and returned into the grocery store.

When asked about specific derogatory remarks, Cunningham said she heard Ellis call McDaniel "a stupid uneducated Walmart employee."

Swingle asked the tone of Ellis' voice, to which Cunningham responded, "loud, aggravated, and agitated."

She also noted that when the police were there she could hear insults.

"[She] called them a bunch of (expletive) losers," Cunningham said. "She was being loud after being handcuffed but couldn't understand her."

Cunningham was then shown portions of the surveillance video where she identified register 13.

She then identified herself in the video noting that she "had a good view of what was happening from her position."

Swingle asked if she could identify the lady in the court room and Cunningham pointed to Ellis.

The defense asked Cunningham if she had taken part in a group of individuals that met with Sokoloff to go over testimonies, to which she replied yes.

He asked if she was shown the surveillance videos during the meetings, to which she replied yes.

He asked if others told their versions of the story, while she told hers, to which she agreed.

He asked if she remember that she was asked in her deposition if Moody was working and she answered that she didn't recall security that night.

Rosenblum then pointed to an individual on the video footage and asked if she could identify the individual as Moody, to which she replied, "I can't honestly tell."

She noted, "I may have missed him."

The defense said, "so you were confused."

"I know she was asked to leave and escorted, but wasn't screaming," Cunningham said.

She added the only thing she heard was when the defendant said "she wasn't going no (expletive) where."

Rosenblum asked how far the grocery aisle where she exited was from the vehicles, to which she replied that she couldn't give an estimate.

The defense asked, "You really don't know what happened, do you."

Cunningham replied, "No, but only when outside."

"I do know at some point outside she call them (expletive) losers," Cunningham said.

Rosenblum asked if this was before Ellis was assaulted.

Cunningham noted that she wasn't aware that she was assaulted.

The defense asked, since Cunningham saw from a distance, if she could tell why the defendant's arms went up and if it could have been in defense when she was "grabbed up," and moved "quickly" to the rear of the police car.

Cunningham responded by saying, "No, I saw them move her and from what I could see she was face down but not making contact with the car."

"From what you could see, your view is rather obscured, fair enough," the defense asked.

Swingle asked if Cunningham saw how the fight began between Ellis and the officers, to which she responded, "no sir."

The prosecution then called Walmart CSM, Linda Maddox, to testify.

Maddox noted that she was in Walmart around 11:30 on the date of the incident.

She informed that she had just got off of work and was buying cigarettes at the front of the store.

Maddox added that only one lane in the store sales cigarettes, adding that Walls was the cashier.

"I walked up, got the cigarettes, and paid for them," Maddox said.

At this point, she noted that Ellis came over and said that Kinder had "broke in line."

"She grabbed [Kinder's] merchandise three or four times and was very loud," Maddox said.

She added that Walls continued to "check" Kinder, but called the manager and security.

When management arrived, Ellis said that McDaniel could not make her leave, according to Maddox.

She explained that the defendant used "lots of curse words."

"Me and another Walmart associate walked out on the other side," Maddox said.

She added that Maddox conduct disturbed and frightened her.

Maddox said that there was a lot of yelling and wrestling. She explained that the wrestling was standing.

In response to a question from Swingle, she said that the wrestling began before the two associates had gone outside.

"I remember seeing her swing at officers," Maddox said. "I didn't stay much longer."

Maddox identified the defendant in the court room as the individual from the incident in Walmart that evening.

Swingle asked if Maddox had anything in her hands, to which she replied, "no."

She added that she had went through the line several times in the past to purchase cigarettes.

The defense noted that he understood that it had been nearly three years since the incident.

He asked if Maddox had the ability to meet with the witnesses, which she replied, "Yes, two or three times."

Rosenblum asked if all Walmart witness were at the meetings.

Maddox noted that the third time was the largest group.

The defense followed by asking if all the witnesses were sharing their versions of the story with one another, to which she replied, "yes."

"Did you ever notice at any time that Heather and her cousin were in line behind you?" the defense asked.

Maddox informed that at some point she had seen the young man in the aisle, but not in the line.

Rosenblum said, "That is subject to interpretation, agreed."

He then asked if there was a rule that if someone steps to the right they lose their place in line, to which Maddox replied, "no."

The defense noted that in Maddox's testimony the young man was never in the line and she never saw Ellis.

He noted that she had said that McDaniel had words with Ellis, along with the security guard, but she didn't note in the deposition that McDaniel never raised her voice.

He asked if she remembered curse words, to which she replied that she did not remember specific words, but remember curse words.

The defense noted that she had stated the scuffle broke out on the sidewalk.

He then showed the video and the area of the scuffle asking if Maddox could have been mistaken.

Maddox said, "On the area but I did see an altercation."

Swingle asked Maddox if she had ever seen a customer grab another customer's things and slide them down the conveyor belt, to which she replied, "no."

Upon questioning from Swingle, Maddox described Ellis' voice as "loud and almost abusive."

The prosecution asked if she remember Ellis cursing, to which Maddox replied, "yes."

The defense asked if she remembered the words.

"I don't remember any specific words," Maddox said.

He asked if a curse word was a word, to which she replied, "I suppose."

"Yes or no," Rosenblum said.

"If I could explain," Maddox requested.

Rosenblum informed Maddox that she could explain with "him."

"I don't remember specific words," Maddox said.

Swingle asked if Maddox knew there was more than one curse word, to which she responded, "yes."

He followed by asking if she knew that Ellis was cursing.

Maddox replied by saying, "yes."

Another Walmart cashier, Robin Flood, was called by the prosecution as the next to give a testimony.

Flood noted that she was working in aisle 14 at 11:30 p.m., the night of the incident.

She explained that the first she heard of any incident was a lady yelling from the other aisle.

Flood informed that she tried to listen and the lady was yelling at the cashier.

"I didn't know what it was about," Flood said.

She added that her back was to aisle 13 and the lady's back was to her.

Flood explained that she heard the cashier call management and security.

She noted that McDaniel arrived to talk to the lady that was yelling.

Upon questioning, Flood described Ellis' voice as "angry and upset about something."

She added that the anger was being directed towards the cashier and another customer.

Flood said that she continued to "check" people, but could hear curse words.

Craig Moody then arrived and McDaniel talked to the lady and told the cashier to "check" her, according to Flood.

"She paid for her merchandise, but was still upset and asked to leave," Flood said.

She added that the lady refused to leave.

Following the refusal, Moody asked the lady to leave, but she refused again, according to Flood.

She noted that Moody then called for back up, who entered through the General Merchandise entrance.

"The whole time I was still checking people and trying to take care of customers and divert their attention," Flood said.

When questioned by Swingle, Flood described Ellis' voice as "loud."

Flood also noted that Ellis called McDaniel "an uneducated stupid Walmart Associate," and that she referred to Walls as "a gray haired old lady."

The defense asked if Flood ever saw Ellis in her lane, to which she replied, "no."

He asked, noting that although she wasn't involved, if she went with a group of witnesses to meet Sokoloff.

Flood noted that she was there and in the same room as the other witnesses.

She also noted, following questioning, that she could hear others' statements and they could hear hers.

Flood also stated that she could not see Ellis' face or the conveyor belt at the other register.

"Even though you were not involved in the case, you were shown surveillance video by Sokoloff, any idea why?" Rosenblum asked.

"To make me aware of what happened," Flood said.

"He couldn't have been refreshing memories that didn't exist," the defense said.

He added that she had said she was unaware of what caused the problem.

"I remember her being skipped in line or something to that effect," Flood said. "I hardly remember now it was nearly three years ago."

"You can barely remember so based on that you could be an actor," Rosenblum asked.

"I am not an actor," Flood said.

The defense asked if the "uneducated Walmart employee" comment was in her statement three years ago, to which she replied, "no."

He added, three years later, you are having difficulty remembering, but just now mentioned that.

Flood responded, "I have not been talking about that."

Rosenblum noted that Flood did not mention the phrase in her deposition a couple of weeks ago.

Flood noted that she was trying to explain what she meant in her statement by "name calling."

He reminded Flood that in her deposition she noted that Ellis was surrounded by police when leaving the store.

"Yes, but I don't remember exactly where they were compared to her," Flood said.

Rosenblum asked if there was any "yelling, screaming, name calling, ranting, or raving," when officers escorted Ellis out of the store, to which she replied, "not that I recall."

He asked if she believed the name calling would have stuck in her mind event three years later, to which she responded, "probably."

She told the prosecutor that she wrote what she heard that night.

The defense asked if this was because she didn't see anything, to which she agreed.

Former Kennett police officer Al Fisher was called for testimony by Swingle.

Fisher noted that he responded to call from Moody to Walmart on the night of the incident.

He added that he was the first officer on the scene and upon entrance, through the General Merchandise doors, heard yelling and looked to his right.

He responded to the register and Moody approached him and indicated the person causing the disturbance, according to Fisher.

"She was out of control," Fisher said.

He explained that he has McDaniel to describe the problem and she pointed out the defendant.

Fisher informed that McDaniel described the defendant as "unruly and out of control."

He noted that he informed McDaniel he could either have her leave on her own or have her escorted out, and McDaniel chose the latter.

Fisher continued to inform Ellis that she had to leave and she responded, "(expletive) you."

He added that she said she wasn't leaving until she got her (expletive) change.

Fisher explained that he allowed the defendant to get her change and once again informed her that she had to leave.

At this time, the defendant told him not to put (expletive) hands on her, according to Fisher.

He noted that she continued to walk to the door and exit, but continued to yell and curse.

While walking she would "stop and turn to send derogatory comments towards him," according to Fisher.

He added that she said, "You don't know who you are (expletive) dealing with."

Other comments that the defendant used, according to Fisher, included, "stupid (expletive).

He explained that the comments made him mad, but he felt as if it was part of the job.

Fisher noted that the expectation was for the defendant to go to her vehicle.

"My response to the words was Ma'am please calm down," Fisher said.

At one point, Fisher said that he was tired of calling her ma'am so he asked her name, to which the defendant replied, "Donald (expletive) Duck."

When the defendant reached the outside she was still "out of control yelling and cursing," according to Fisher.

He noted that he informed Ellis that if she did not stop "causing a disturbance" he would have to arrest her, to which she responded, "I will kick your (expletive)."

Fisher said that he then told the defendant that she was under arrest for threatening an officer.

"I then began the arrest procedure," Fisher said.

He noted that he would have grabbed the defendant's right hand, showing an example of the proper arrest to the jury on Swingle.

Since the defendant had made a threat, he grabbed the cuff of her coat, according to Fisher.

He added that as soon as he grabbed "the fight was on."

Fisher explained that the defendant began "kicking him in the shins."

He noted that he repeatedly asked the defendant to "please stop fighting or resisting" and reminding her that she was "under arrest."

The defendant would not comply and continued to fight, Fisher informed.

He added that he began trying to get her near a patrol car to get leverage and make the arrest.

At this point Officer Phillip Caldwell and Sgt. Joe Stewart assisted Fisher with controlling the defendant, according to Fisher.

He noted that Ellis was "stiffening her limbs," along with "elbowing" and "kicking" at the officers.

Fisher added that the officers moved Ellis to the patrol car, but he was still being kicked in the shins.

He explained that he "absolutely did not slam her face on the car" and that her head did not make any contact with the roof of the car.

Swingle presented exhibits six and seven, which were photographs of the defendant at the jail the same night.

When shown the surveillance video, Fisher identified himself and the other officers, along with the defendant.

Following the video, Fisher identified the defendant as the individual from the incident.

Rosenblum asked Fisher where he could get the footage of Ellis being "grabbed."

Fisher informed him that "he can't see it."

The defense then asked where he can see an image of the threat made on the officer, to which Fisher replied, " I don't believe there is an image."

Rosenblum discussed Fishers training and asked if some of it explains how to testify, which Fisher agreed with.

He then noted that this is why Fisher turns to look at the jury to answer questions, to which Fisher responded, "it's respectful."

Rosenblum asked Fisher if the kicking could be seen in the video.

Fisher said, "Yes, you can."

He followed this question by asking where he could see a picture of the injury to Fisher.

Fisher noted that he did not take a picture.

"You had a concern, but based on your training, did not document by photograph of the injury or Sgt. Stewart's," Rosenblum asked.

Fisher agreed and also agreed that he did not follow proper protocol on the case, when asked by Rosenblum about the photographs.

"You wouldn't come into court and admit under oath that you used excessive force," Rosenblum asked.

"Yes I would, I have to be truthful," Fisher said.

"Even if it costs you your job," Rosenblum asked.

"I am required to be truthful," Fisher replied.

The defense asked if any effort was made by the police department to collect the video footage, to which Fisher replied, "I don't know."

Rosenblum noted that the video "doesn't appear out of the ordinary."

He noted that Ellis is walking towards the parking lot and that Fisher could not tell if she was going towards her car.

He noted that the footage of the initial contact was gone because the officers never checked, and instead left it to a Walmart employee.

The defense then asked Fisher if he had met with Sokoloff, to which he replied, "yes, two or three times."

He asked if everyone gave their versions of the events.

Fisher noted that the officers expressed facts of the case.

He asked if Fisher's training on multiple witnesses noted to keep the witnesses separated to keep credibility, to which Fisher replied, "yes, in the initial investigation."

Rosenblum asked Fisher if he submitted a nine page report to try to add everything submitted.

"I didn't try, I did," Fisher said.

Fisher added that he wrote the report the same night of the incident.

The defense asked if the pictures submitted from the jail would help if Ellis complained of bodily injuries, to which Fisher replied, "no."

He then asked Fisher if he was an expert on how long it takes a bruise to develop on an African American, to which Fisher responded, "no."

Rosenblum said that Fisher had previously noted that he "made light" of several remarks even finding some "amusing."

Fisher said, "yes, some I had never heard before."

He asked if Fisher was testifying someone else's report when he claimed the defendant said "Donald (expletive) Duck," because it was not listed in Fishers original report.

Fisher said he remembered the phrase but did not know why it was not in the report.

The defense noted that Fisher said when he arrived the first thing the defendant said was "I am not leaving without my (expletive) change."

He then noted in the video that the by the time Fisher arrived, the defendant had already received her change.

"This statement wouldn't make sense would it," Rosenblum said.

"It didn't at the time," Fisher said.

The defense asked if Fisher or any other officers asked to get a statement from the individuals parked in front of the scene outside.

Fisher said that he did not.

After all of these remarks she has made, she finally said the one that "broke the straw" at this moment, Rosenblum asked.

"Not the one that broke the straw, she said if you try to arrest me I am going to kick your (expletive)," Fisher said.

The defense noted that Fisher was 5'10", 260 lbs, and fully armed. He then asked if he was really scared she could do it, to which Fisher replied, "Yes, I was."

He asked if Fisher said the words "go back to the ghetto," or "go back to the hood," to which Fisher replied, "no."

Swingle asked Fisher if the case files were all completed before meeting with Sokoloff, to which he responded, "yes."

Fisher then identified the portion of the video that showed the defendant kicking him in the shins.

The prosecution then called Sgt. Joe Stewart to testify.

Stewart noted that he heard the broadcast at the police department of the request for assistance at Walmart.

He then proceeded to respond to the call with off-duty officer Phillip Caldwell, who was out of uniform, according to Stewart. Stewart said that Fisher arrived on the scene first and Caldwell followed him.

When entering the building, Stewart explained that Fisher and Moody were asking an African-American woman to exit the store.

He noted that the woman said, "I am not leaving without my (expletive) change."

Stewart also said that the woman told Fisher "not to put his (expletive) hands on her," as they continued to ask her to leave.

He added that the woman "eventually complied walking toward the General Merchandise doors."

Stewart noted that a juvenile was present with the woman.

He explained that the woman repeatedly looked over her shoulder to give derogatory comments upon her exit.

When exiting, the woman goes diagonal to the left to the fire lane and turns to shout something, he said.

"I could not tell what she said," Stewart said.

He noted that Fisher made the determination to arrest the female and grasped her wrist, which followed with her becoming violent.

Stewart said the woman began swinging her arms and attempted to kick Fisher.

Fisher was repeatedly telling her to stop resisting, according to Stewart.

"She was swinging her arms wildly and at one point came around and popped me in the mouth," Stewart said. "It drew blood."

He added that it did hurt but did not have to receive further treatment.

When Ellis continued to resist, the officers all decided to use the patrol car for leverage, according to Stewart.

He noted that the woman "stiffened her body" so the officers had to force her to walk.

While against the car, the woman was still able to kick back and hit Fisher, Stewart informed.

"She was forced over the car, but her head never hit, to my knowledge," Stewart said.

He added that she basically sat herself down in the car and her head did not hit.

Stewart explained that the woman was "loud in Walmart" and that he heard her "use profanities inside by the register."

He added that she said to Fisher, "'Don't put your (expletive) hands on me.'"

Also, Stewart said that the woman never said "I am not resisting," during the struggle.

Stewart then identified the woman as the defendant in the courtroom.

Rosenblum asked if Stewart went with Connelly to look at the surveillance video, to which he responded, "no."

Stewart said, "Fisher or Campbell should have done it."

He then asked Stewart if he took photographs to document his injury.

Stewart replied that the injury did not require medical attention.

Rosenblum noted Stewart did not mention the scratched lip in his police report.

He then asked if statements were acquired from Ellis' cousin or family members, to which Stewart replied, "not to my knowledge."

The defense also asked Stewart if he received a statement from the people parked across from the scene of the struggle, to which he responded, "not that I know of."

Rosenblum said that in Stewart's deposition he noted that Ellis said "I'm not leaving until I get my (expletive) change, but she had her change before he arrived on the scene.

He added that it "did not make sense to him."

Stewart answered, "It didn't to me."

He then asked how Ellis' shoes, braids, and hat came off in the parking lot, to which Stewart replied, "I don't know."

Swingle followed the questions by playing the video of the car in the parking lot, noting that it left before the arrest was made.

He asked Stewart if the video was sharp enough to get a plate, to which Stewart answered, "no."

Swingle also asked if receiving the surveillance video on Monday was acceptable, to which Stewart replied, "yes."

Rosenblum asked if it would have been acceptable police work to have an officer review the footage with Connelly, to which Stewart replied, "yes."

The prosecution asked Stewart how many cases he had been involved with Walmart surveillance and how many officers assisted on those calls.

Stewart noted that he had been involved in about a dozen and no officers had ever assisted.

Rosenblum asked how many of the cases involved altercation with a customer and if the majority were shoplifting, to which Stewart noted the majority were shoplifting.

The prosecution called officer Phillip Caldwell to give his testimony.

Caldwell confirmed that he rode along with Stewart and was off-duty at the time of the incident.

He noted that he proceeded in behind Fisher when arriving at Walmart.

The defendant could be seen being "loud and cursing," according to Caldwell.

He added that the officers attempted to get her calmed down, but he did not recall the specifics.

Caldwell explained that after a few minutes, management asked Fisher to remove her from the store and they exited through the General Merchandise doors.

He noted that he followed behind the defendant as she was "loud and cursing," and Fisher continued to ask her to be calm.

Caldwell also said that at one point the defendant informed Fisher that she was "Donald (expletive) Duck," and called Fisher a "stupid (expletive)," and a "stupid son of a (expletive)."

He added that outside, Fisher repeatedly asked Ellis to calm down and explained to her that he would have to arrest her if she did not leave "peacefully."

Caldwell noted that Ellis said something at this time, to the effect of, "no way you are arresting me, you try and I'll kick your (expletive)."

He explained that Fisher then grabbed the defendant by the arm who turned around and started "swinging and kicking."

Caldwell added that he assisted Fisher, along with Stewart, and the officers began trying to get the defendant against the car.

He noted that he did not see the kicks landing on Fisher.

Caldwell explained that the officers then arrested the defendant and placed her in the car without hitting her head.

Rosenblum asked why Fisher left the threat to Fisher out of his police report, to which he responded, "I don't know."

He asked if the reason for the arrest was because Fisher believed Ellis had cause a disturbance, to which Caldwell responded, "yes."

The defense then asked if the officers had pre-trial meetings, and even though "you said your memory is not so good, you are now testifying to what your brother officer is testifying."

Caldwell replied by saying, "yes."

Caldwell was excused and officer Allan Campbell was called to testify.

Campbell noted that he arrived at Walmart after the other officers and walked in to see the defendant talking to Fisher and Moody.

Campbell also explained that Ellis said, " I am not leaving until I get my (expletive) change."

He also noted that Fisher walked out behind Ellis continually advising her to calm down.

Campbell informed that on the way out Ellis was giving "ear-piercing screams."

He added that once outside Fisher placed the defendant under arrest after she said, "You don't know who I am," and "I'll beat your (expletive)."

Campbell explained that he was watching the juvenile while the officers arrested Ellis.

He noted that after Ellis was under control, the juvenile ran out into the parking lot.

Following the juvenile's departure, Campbell said that he "intercepted" a black male and black female.

He added that he had to keep them from intervening in the incident.

"I told them to keep back or they would be arrested," Campbell said.

Other phrases that Campbell remembered included, "I am not leaving until I get my (expletive) change," "stupid son of a (expletive)," and "you don't know, you can't arrest me."

He described Ellis' manner as "irate and uncooperative."

Campbell explained that after Ellis was gone in the police car he collected statements from Brandon Elliott and Ashley Waxter.

The defense asked if Campbell would put a threat to another officer in his police reports, to which he replied, "if I heard it."

After receiving a copy of the report, Campbell informed the defense that it was not in this report.

"Do you have a special secret report," Rosenblum asked.

He asked if Campbell really heard the threat.

Campbell said, "No I heard it, but I failed to report it."

Campbell also noted that Ellis was scaring customers in the parking lot.

Rosenblum asked Campbell to identify the customers on the video, to which Campbell replied, "They were off the screen."

Rosenblum asked if Campbell had made accurate statements.

"To the best of my knowledge," Campbell replied.

Rosenblum noted that Campbell had not remembered the remark in the report or deposition, but remembers it now, after the meetings.

He then asked if why Campbell did not get a report from Ellis' cousin.

"He wasn't around afterward, when I got reports," Campbell said.

"Could you have gotten a report from Lilly Blackmon?" Rosenblum asked.

"She was pretty irate," Campbell said.

"Did you ask her," the defense asked, to which Campbell replied, "No."

Craig Moody followed Campbell with his testimony to the court.

Moody noted that he was working as the security guard at Walmart during the incident.

He added that he heard a disturbance around register 13 and was responding when he heard the call for security.

He described this incident as a "loud disturbance with foul language."

Moody noted that he arrived and the cashier stated somebody had cut in front of a customer.

He explained that the individual was asked to wait in line or to leave the store by McDaniel.

Moody said that the defendant informed McDaniel that she wasn't leaving.

Police dispatch was then contacted, according to Moody.

He noted that he requested someone to assist him with the issue.

Officers arriving included Fisher, Caldwell, and Campbell, as Ellis was asked to leave the store, Moody said.

He added that the defendant walked out after being "checked out," and that no employee was using profanity.

Outside of the business, the defendant was asked to leave the property, according to Moody.

He noted that she responded by saying, something to the extent of, "I'm going to get you."

Fisher then proceeded with the arrest, Moody explained.

He added that he was trying to keep family members back while Ellis was being arrested.

Moody said that he informed the family members that they could be arrested, if they did not back up.

The officers brought her to the back of the car then placed her inside without bumping her head, according to Moody.

He added that Campbell stayed at Walmart collecting statements and that he remained on duty at Walmart.

Moody remembered Ellis using the phrases "son of a (expletive)," and "dumb (expletive)."

He proceeded to identify the defendant (Ellis) in the courtroom as the individual from the incident.

The defense asked Moody if he relied on the income from Walmart and had a feeling of loyalty to the company, to which he responded, "yes."

He then asked if Moody understood the importance of police reports and asked why hearing the disturbance before the page was not mentioned in the report.

Rosenblum asked if Ellis said that the worker would not wait on her and that she was in line first, to which Moody replied "yes".

He asked if Walls stated that the female "cut in line" and she "refused to wait on her," to which Moody replied, "yes."

The defense questioned Moody on why he never talked to Kinder about the incident.

"At that point, we were just wanting to resolve the disturbance," Moody said.

He asked if Flood should back up the officers' statements of the defendant being loud, to which Moody responded, "yes."

The prosecution then called witness to the incident, Brandon Elliott to testify.

Elliott noted that he was shopping with his girlfriend, during the incident.

He added that he heard the disturbance and heard a woman "yelling and cursing," at a Walmart employee.

He described the woman as African-American.

Elliott noted that he did not remember the exact word, but that she was "fairly loud."

He explained that he then saw the police officers and the woman was still "loud and cursing."

"The we exited the store on the grocery side," Elliott said.

He added that he stood in the parking lot and watched the officers follow the woman.

The police officers tried to grab her, according to Elliott.

He added that he saw the woman "throwing her arms around."

Elliott noted that the officers were "trying to keep her from doing that."

"After that, they subdued her, handcuffed her, and put her in the car," Elliott said. "I could hear her yelling and cursing before she was touched."

He explained that he then got in his vehicle and was asked by Campbell to fill out a witness statement.

Elliott said that the woman made him "feel nervous."

The defense asked if Elliott's memory was very good because it had been a while and if he remember having deposition taken on November 6, 2009.

He replied, "Yes."

Rosenblum asked if he had met with the other witnesses and Sokoloff, to which he replied, "yes."

He also asked if Elliott had seen the surveillance video, to which he responded, "two or three times."

The defense also questioned Elliott on following the story on CNN and Youtube.

Elliott noted that he had watched some videos and searched theheatherelliscase.com.

"Is a curse word a verbiage," Rosenblum asked, to which Elliott replied, "yes."

He asked why Elliott on the deposition noted he could not remember specific verbiage.

Elliott noted that he could not remember specifics, but remember curse words.

Rosenblum then asked Elliott if Ellis' arms moving around could have been from a reaction to being grabbed by officers, to which he replied, "correct."

Following Elliott, a second witness to the incident, Ashley Elliott, was called to give a testimony.

Elliott explained that she heard "yelling" in the next aisle.

She noted that she saw the back of the lady's head and could identify she was African-American.

Elliott said that the individual was still "yelling and cursing," when another Walmart employee arrived.

She added that the woman was asked to leave, but refused.

"We ended up checking out and leaving," Ashley said.

She noted that the police had arrived before she had left.

Elliott added that she stayed in the parking lot to see what was happening and saw the woman and officers exiting the General Merchandise side.

"She was still yelling and cursing, and still wouldn't leave," Elliott said.

She explained that when the officers went to arrest the woman she started "flailing" around.

Elliott noted that she did not see handcuffs at first, but saw them once the woman was leaned over the police car.

She informed that the officers did not slam her head on the back of the car.

Following the arrest, Elliott said that she filled out a witness statement for Campbell.

She added that the woman was very "obscene and vulgar" and made her "very uneasy."

The defense noted that Elliott did not know what was transpiring and asked if Sokoloff fixed that by showing the surveillance video, to which Elliott responded, "yes."

She noted that she had seen the video three times.

Rosenblum asked if Elliott was describing the video or a memory.

She explained that she was describing what she remembered.

"Cursing, cursing, cursing, show you the video, and cursing, that's your testimony," Rosenblum asked.

"That's all I remember," Elliott said.

The defense asked how the arrest started, to which Elliott replied, "That there was a confrontation then something else and then they arrested her."

The defense asked if Elliott had been following the case and telling people she was a witness, to which she replied, "yes."

Swingle asked if Elliott had given any interviews to the media, to which she replied, "no."