8.Denise Atkinson — Direct/Cross
147 linesDENISE ATKINSON, being first duly sworn, testified as follows:
COURT CLERK: If you'll have a seat, please. If you'll state your name and spell your last name for the record, please.
DENISE ATKINSON: First name Denise. Last name Atkinson, A-t-k-i-n-s-o-n.
DIRECT EXAMINATION By Ms. Mayes:
MS. MAYES: Good morning, Ms. Atkinson.
DENISE ATKINSON: Good morning.
MS. MAYES: Can you tell us a little bit about yourself? Where are you currently employed?
DENISE ATKINSON: Exxon in Camden off of 108.
MS. MAYES: And how long have you been at the Exxon in Camden?
DENISE ATKINSON: Ten years.
MS. MAYES: What type of job responsibilities do you have there?
DENISE ATKINSON: Cashier, cook, inventory.
MS. MAYES: When you work a shift about how long is your shift?
DENISE ATKINSON: Twelve hours.
MS. MAYES: Can you tell us whether or not you were working in that role, Ms. Atkinson, back in September of 2014?
DENISE ATKINSON: Yes, ma'am.
MS. MAYES: Can you tell us whether or not you had video surveillance in that store?
DENISE ATKINSON: Yes, ma'am.
MS. MAYES: You're familiar with that video surveillance system?
DENISE ATKINSON: Yes, ma'am.
MS. MAYES: And it's maintained in the ordinary course of business?
DENISE ATKINSON: Yes, ma'am.
MS. MAYES: Ms. Atkinson, I'm going to show you a document which is already marked as State's Exhibit 64 and already in evidence. Ms. Atkinson, do you recall whether or not members of law enforcement came to your Exxon in Camden, South Carolina back in September of 2014 to ask you about a receipt?
DENISE ATKINSON: Yes, ma'am.
MS. MAYES: And I'm going to ask you to pull the microphone just a little bit closer to you.
DENISE ATKINSON: Yes, ma'am.
MS. MAYES: All right. And when they did so, were you able to view the video surveillance that went with this transaction?
DENISE ATKINSON: Yes, ma'am.
MS. MAYES: And you've seen that video surveillance yourself?
DENISE ATKINSON: Yes, ma'am.
MS. MAYES: I'm going to show you an item and ask you whether or not you recognize it. This is State's 72.
DENISE ATKINSON: Yes, ma'am.
MS. MAYES: And whose initials are on this video?
DENISE ATKINSON: Mine.
MS. MAYES: Can you tell us, Ms. Atkinson, whether or not this videotape is a fair and accurate representation of that transaction shown on that receipt in its entirety?
DENISE ATKINSON: Yes, ma'am. It is.
MS. MAYES: And you were the cashier on that day?
DENISE ATKINSON: Yes, ma'am.
MS. MAYES: What day was that, Ms. Atkinson?
DENISE ATKINSON: September the 4th at 11:16.
MS. MAYES: September 4th, 2014?
DENISE ATKINSON: Yes, ma'am.
MS. MAYES: And you said 11:16. Is that a.m. or p.m.?
DENISE ATKINSON: A.M.
MS. MAYES: So we're talking about Thursday.
MS. MAYES: Your Honor, I had the witness identify the videotape, State's Exhibit 72, we offer it as evidence at this time.
MR. MADSEN: No objection.
THE COURT: No objection.
(Whereupon, State's Exhibit number 72 was admitted into evidence.)
MS. MAYES: I'm going up to put up real quickly, Ms. Atkinson, State's Exhibit 64. This is the L&W Exxon. What were the purchases made by this individual who came into your store on September 4th?
DENISE ATKINSON: He ordered cheese sticks, curly fries, got gas on pump five, $30, and five packs of Newport reds cigarettes.
MS. MAYES: So when we see the two deli purchases, that was refers to the grill?
DENISE ATKINSON: That's the grill area.
MS. MAYES: And I know you have testified already that you were cashier, but who worked the grill?
DENISE ATKINSON: I do.
MS. MAYES: So in addition to ringing people up, you also are making food?
DENISE ATKINSON: Yes, ma'am.
MS. MAYES: If that's what's ordered?
DENISE ATKINSON: Yes, ma'am.
MS. MAYES: You mentioned that there was a gasoline purchase?
DENISE ATKINSON: Yes.
MS. MAYES: And then also how many packs of Newports?
DENISE ATKINSON: Five.
MS. MAYES: Now, do you card for cigarettes?
DENISE ATKINSON: Yes, ma'am. I do.
(Whereupon, State's Exhibit number 72 was published for the jury.)
MS. MAYES: What are we looking at here? You see up here, September 4, 2014 at 11:01 a.m. What is this area for, Ms. Atkinson?
DENISE ATKINSON: That's the cashier part, where the register is at.
MS. MAYES: And what is this area for?
DENISE ATKINSON: That's the grill area.
MS. MAYES: Okay. And this seating area here for customer?
DENISE ATKINSON: For customer to sit down and wait.
MS. MAYES: Can you tell us whether or not this is the subject, or can you -- do you see the subject on this videotape who made that transaction you just testified about?
DENISE ATKINSON: Yes, ma'am, I do.
MS. MAYES: What is he wearing?
DENISE ATKINSON: He's wearing a plaid shirt and a black pair of jeans.
MS. MAYES: And that would be this individual here?
DENISE ATKINSON: Yes, ma'am.
MS. MAYES: What is occurring during this timeframe, Ms. Atkinson?
DENISE ATKINSON: He's waiting on me to prepare something on the grill for someone else.
MS. MAYES: Now, what angle, are we looking at here?
DENISE ATKINSON: I'm at the cash, at the cash -- at the cash register.
MS. MAYES: All right. And this would be the same individual?
DENISE ATKINSON: Yes, ma'am.
MS. MAYES: What's taking place right now?
DENISE ATKINSON: He's -- I'm asking him his pump for his gas. So he's going to go outside and look real quick and come back and tell me the pump number.
MS. MAYES: Okay. What's taking place right now?
DENISE ATKINSON: He's giving me his ID for the cigarettes.
MS. MAYES: And what do you like to look at, if anything, in addition to the identification?
DENISE ATKINSON: I like to check and make sure the credit cards match with the ID.
MS. MAYES: And why's that?
DENISE ATKINSON: To make sure it's not stolen.
MS. MAYES: Did you do that in this particular case?
DENISE ATKINSON: Yes, ma'am. I did.
MS. MAYES: Did he appear to follow all of your instructions that he was giving you?
DENISE ATKINSON: Yes, ma'am. He followed.
MS. MAYES: What's taking place right now?
DENISE ATKINSON: He's swiping his credit card after I check it to make sure it matches up. That's where he's going to sign.
MS. MAYES: And now which angle what are we back to?
DENISE ATKINSON: We're at the grill area where he's going to wait 45 minutes for his food.
MS. MAYES: And this is after the purchase that we just saw take place?
DENISE ATKINSON: Yes, ma'am.
MS. MAYES: What, if anything, did you tell him regarding the time that it would take you to prepare the food that he ordered?
DENISE ATKINSON: I told him it would take about 45 minutes.
MS. MAYES: You're still at the register?
DENISE ATKINSON: Yes.
MS. MAYES: Assisting other customers?
DENISE ATKINSON: Yes.
MS. MAYES: What do you recall, if anything, about this time period?
DENISE ATKINSON: Just a normal day. Normal workday.
MS. MAYES: Having reviewed this video, Ms. Atkinson, can you tell us whether or not having seen the video, after the fact, you observed this individual interact with any other customers?
DENISE ATKINSON: Yes, ma'am. I did. I seen him like nod to the customers that was coming through.
MS. MAYES: Right there?
DENISE ATKINSON: Yes, ma'am.
MS. MAYES: Now you have completed the process and put the items in containers and bags?
DENISE ATKINSON: Yes, ma'am.
MS. MAYES: In addition to State's 64 which is already in evidence, I'm going to show you State's 74, as well as these photographs from the video, 75, 76, and ask you whether or not you recognize them.
DENISE ATKINSON: Yes, ma'am. I do.
MS. MAYES: How so?
DENISE ATKINSON: I recognize him from the gas transaction, the cigarettes, the deli, waiting on him.
MS. MAYES: This is the same individual?
DENISE ATKINSON: Yes, ma'am.
MS. MAYES: Your Honor, at this time this would be State's 74, 75, 76 being still shots of the video.
MR. MADSEN: No objection.
THE COURT: 74, 75, 76, still shots photos from the DVD of the Exxon.
(Whereupon, State's Exhibit numbers 74, 75, 76 were admitted into evidence.)
MS. MAYES: Ms. Atkinson, having been the cashier that day, was there anything at all usual or strange about the Defendant's behavior?
DENISE ATKINSON: No, ma'am.
MS. MAYES: Did he appear normal to you throughout that entire transaction?
DENISE ATKINSON: Yes, ma'am. Very polite.
MS. MAYES: Nothing further.
CROSS-EXAMINATION By Mr. Madsen:
MR. MADSEN: Did someone from the Lee County Sheriff's Office came and talk with you about this and got the video from you. Is that correct?
DENISE ATKINSON: Correct.
MR. MADSEN: And had you told him that that same fellow stopped by a couple times that week?
DENISE ATKINSON: No, I didn't.
MR. MADSEN: So if he had that in his report that's incorrect?
DENISE ATKINSON: Dan, he's in India. He stated that one.
MR. MADSEN: He's -- the Sheriff's Office--
DENISE ATKINSON: -- Dan is one of the owners.
MR. MADSEN: Oh, okay.
DENISE ATKINSON: Yeah.
MR. MADSEN: That's all I have.
THE COURT: You may step down.
DENISE ATKINSON: Thank you.
(Whereupon, the witness stepped down from the witness stand.)
MS. MAYES: The State calls Marty Longshore.