7.Kennan Frederick — Direct/Cross
204 linesKENNAN FREDERICK, being first duly sworn, testified as follows:
COURT CLERK: If you'll have a seat over there. If you'll state your name and spell your last name for the record, please.
KENNAN FREDERICK: Kennan Frederick, F-r-e-d-e-r-i-c-k.
SUZANNE MAYES: Good morning, Mr. Frederick.
KENNAN FREDERICK: Good morning.
SUZANNE MAYES: Can we approach, Your Honor? (Whereupon, a bench conference was held in the presence of the jury but out of the hearing of the jury.)
DIRECT EXAMINATION By Ms. Mayes:
SUZANNE MAYES: Mr. Frederick, if you can tell us a little bit about yourself. Where are you employed?
KENNAN FREDERICK: I'm currently at Sleep Number, but I have roughly about 15, 16 years of retail experience. Most of it was at Walmart. I was there for 13 years.
SUZANNE MAYES: And regarding your job at Walmart, which Walmart location were you employed at here in Lexington County?
KENNAN FREDERICK: I was employed at two actually in Lexington County. At the 378 one and also at the West Columbia Walmart.
SUZANNE MAYES: And were you working there at the Lexington County Walmart here in September of 2014?
KENNAN FREDERICK: Yes, ma'am.
SUZANNE MAYES: Tell us about your job at Walmart during that course of time.
KENNAN FREDERICK: I was the co-manager, which was basically second in charge of the store. The hierarchy is the store manager, then co-manager, and then I had several assistants and department managers and employees under me. So I was in charge of the day-to-day operations of the store.
SUZANNE MAYES: All right. Mr. Frederick, did members of law enforcement come to you in September of 2014 specifically regarding a receipt?
KENNAN FREDERICK: Yes, ma'am.
SUZANNE MAYES: Let me show you a receipt that's already in evidence, State's Exhibit 63 and ask you whether or not you recognize this item.
KENNAN FREDERICK: Yes, ma'am.
SUZANNE MAYES: How so?
KENNAN FREDERICK: This is the receipt that the officer gave to me to look up the video for.
SUZANNE MAYES: Now I'm going to show you an item and ask you whether or not it's a duplicate of the same.
KENNAN FREDERICK: Okay.
SUZANNE MAYES: Does that appear to be the same?
KENNAN FREDERICK: Yes, ma'am.
SUZANNE MAYES: All right. I'm going to let you hold the duplicate. I'm going to State's -- take back State's 63 and ask you a few questions about that.
KENNAN FREDERICK: Okay.
SUZANNE MAYES: So law enforcement come to you in early September 2014 and said we have a receipt and we need you to find out where the video is for this receipt. Take us through the steps of doing that.
KENNAN FREDERICK: Yes, ma'am. So the first step is that you will look at the actual store, and it says store 1183. That is the store number for the West Columbia Walmart. Next you'll go to the TE. That's number 33. That's the register provided. So you can pull the camera and it's subject to basically, we have all the registers on camera, so you'll go to that specific register. And then next you'll look down at the bottom of the receipt, there's a time. And the time says, 11:05:16, ad the date is 9/03/14. So you would, so you start from there. You roughly go back two to three minutes because the time is actually the end of the transaction.
SUZANNE MAYES: I beg the Court's indulgence.
THE COURT: Uh-huh, (indicated in the affirmative.)
SUZANNE MAYES: And are you familiar with whether or not members of law enforcement came back to the store to purchase additional duplicate items from a previous receipt?
KENNAN FREDERICK: No, ma'am. I'm not.
SUZANNE MAYES: Okay. Do you know whether or not the video surveillance from the September receipt that law enforcement asked you about was, in fact, pulled?
KENNAN FREDERICK: Yes, ma'am. I pulled it.
SUZANNE MAYES: You pulled that video. I'm going to show you an item and ask you whether or not you recognize it.
KENNAN FREDERICK: Yes, ma'am. That's the video.
SUZANNE MAYES: How so?
KENNAN FREDERICK: I looked at it on that date.
SUZANNE MAYES: Okay. And having pulled that video did you have a chance to observe it yourself?
KENNAN FREDERICK: Yes, ma'am.
SUZANNE MAYES: Does it bear your initials?
KENNAN FREDERICK: Yes, ma'am.
SUZANNE MAYES: Is this video a fair and accurate representation of the transaction that you observed once you pulled that video?
KENNAN FREDERICK: Yes, ma'am.
SUZANNE MAYES: Your Honor, this would be State's 71 for evidence.
ROBERT MADSEN: No objection.
THE COURT: State's 71 is admitted without objection. (Whereupon, State's Exhibit number 71 was admitted into evidence.)
SUZANNE MAYES: While we're doing that, Mr. Frederick, I want to ask you to take a look at State's 63 being that receipt from Walmart. Now that you have a clearer copy, can you -- can you verify the date of that transaction?
KENNAN FREDERICK: 09/03/2014.
SUZANNE MAYES: All right. So September 3rd, 2014?
KENNAN FREDERICK: Yes, ma'am.
SUZANNE MAYES: And what is the time shown on that transaction?
KENNAN FREDERICK: 11:05:16.
SUZANNE MAYES: All right. And you were explaining a little bit about how you go back and actually locate the video that goes specifically with transaction?
KENNAN FREDERICK: Yes, ma'am.
SUZANNE MAYES: How did you do that in this case?
KENNAN FREDERICK: So first you pull the register number, which is register 33, and then you will look at the date and the time and you can go forward from there. Usually you start between three to four minutes prior to that because that -- the time on the receipt shows when the transaction actually ended.
SUZANNE MAYES: All right. And then is there specific information about each item contained on that receipt that allows you to pull it from inventory, if you need to?
KENNAN FREDERICK: Yes, ma'am. There's a brief description of item and the UPC of item.
SUZANNE MAYES: All right. And does that UPC allow you to match it up to any particular items, if needed?
KENNAN FREDERICK: Yes, ma'am.
SUZANNE MAYES: Was law enforcement present when you pulled this video?
KENNAN FREDERICK: Yes, ma'am.
SUZANNE MAYES: Have you had a chance to observe it in it's entirety?
KENNAN FREDERICK: Yes, ma'am. (Whereupon, State's Exhibit number 71 was published for the jury starting at 11:30.)
SUZANNE MAYES: What are we looking at here? What is this?
KENNAN FREDERICK: That is the Garden Center parking lot camera.
SUZANNE MAYES: And where is the camera for this parking lot located?
KENNAN FREDERICK: It's on the roof on top of the side of the Garden Center on the top.
SUZANNE MAYES: And having observed the video what, if anything, do you recall about any type of dark colored SUV that was in the parking lot?
KENNAN FREDERICK: Yes, ma'am. There's a dark colored SUV that pulls up and then someone gets out.
SUZANNE MAYES: Do you recall observing an individual get out of the SUV?
KENNAN FREDERICK: Yes, ma'am.
SUZANNE MAYES: Did that individual appear to be alone?
KENNAN FREDERICK: Yes, ma'am.
SUZANNE MAYES: You mentioned that the receipt allows you to trace back to the point of transaction?
KENNAN FREDERICK: Yes, ma'am.
SUZANNE MAYES: In this particular case, how did you locate the register number within Walmart where this individual had been?
KENNAN FREDERICK: It's on the receipt on the top. You see TE 33, and that's the register number.
SUZANNE MAYES: Again, we're talking about September 3rd, 2014?
KENNAN FREDERICK: Yes, ma'am.
SUZANNE MAYES: Do you need to look for specific items on the receipt?
KENNAN FREDERICK: Yes, ma'am.
SUZANNE MAYES: And what is the actual transaction time shown on the receipt?
KENNAN FREDERICK: 11:05:16.
SUZANNE MAYES: 11:05 a.m.?
KENNAN FREDERICK: Yes, ma'am.
SUZANNE MAYES: And can you tell us whether or not the receipt that you were shown matched up with the purchases made on the video surveillance for that register?
KENNAN FREDERICK: Yes, ma'am. If you look at the receipt it's actually in chronological order as well.
SUZANNE MAYES: And what are all of those items, once more.
KENNAN FREDERICK: Okay. The first two items are two Reece's Big Cups. The third item is a Gatorade Tropical-Mango eight pack. The fourth item is a dust mask. The fifth item are some 3M goggles. Then the sixth item is a Jab saw, but the cashier run it up twice, so she voided it off once. The eighth item is a multi-saw. The ninth item is some acid. And the last item is a five gallon Walmart pail.
SUZANNE MAYES: All right. A pail?
KENNAN FREDERICK: Yes, ma'am.
SUZANNE MAYES: Under the brand name Walmart?
KENNAN FREDERICK: Yes, ma'am.
SUZANNE MAYES: Can you tell us, having observed this video, if all of those items appear to be present at this particular register for this particular transaction?
KENNAN FREDERICK: Yes, ma'am. Could you back it up? I didn't see the Reece's.
SUZANNE MAYES: And where are the Reece's sold in relation to those other items that you mentioned?
KENNAN FREDERICK: The Reece's are in two locations. The Reece's Big Cups you can find in what we call department 82, which is the front end, but also in grocery.
SUZANNE MAYES: And we're talking about candy?
KENNAN FREDERICK: Yes, ma'am.
SUZANNE MAYES: I think you also mentioned Gatorade, an eight pack of Gatorade?
KENNAN FREDERICK: Yes, ma'am.
SUZANNE MAYES: Where is the Gatorade sold within Walmart?
KENNAN FREDERICK: The Gatorade is just in the back of the store.
SUZANNE MAYES: And then all of those other items that you mentioned, the saws, pail, the muriatic acid, where are those sold in the Walmart?
KENNAN FREDERICK: In hardware.
SUZANNE MAYES: And what type of shirt -- colored shirt is the person wearing who is making this transaction?
KENNAN FREDERICK: Could you fast-forward? It appears to be maroon.
SUZANNE MAYES: This is the subject?
KENNAN FREDERICK: Yes, ma'am.
SUZANNE MAYES: Did that transaction match up with what's shown on your receipt?
KENNAN FREDERICK: Yes, ma'am.
SUZANNE MAYES: What other camera angles do you have within Walmart?
KENNAN FREDERICK: We have grocery entrance and exit, GM entrance and exit, and Garden Center entrance and exit.
SUZANNE MAYES: All right. Were you able to obtain any other camera angles for this particular subject during the timeframe of that transaction?
KENNAN FREDERICK: Yes, ma'am.
SUZANNE MAYES: Where is this particular exit located in relation to that register you just mentioned?
KENNAN FREDERICK: Register 33 is exiting out of the GM side. So that exit was the next exit to exit out of the building.
SUZANNE MAYES: Does that appear to be the same subject you just saw at the previous register?
KENNAN FREDERICK: Yes, ma'am.
SUZANNE MAYES: With that pail and the Gatorade?
KENNAN FREDERICK: Yes, ma'am.
SUZANNE MAYES: And then did you also have the occasion to watch the subject leave the Walmart?
KENNAN FREDERICK: Yes, ma'am.
SUZANNE MAYES: Is that also captured on video?
KENNAN FREDERICK: Yes, ma'am.
SUZANNE MAYES: Having viewed that entire transaction, Mr. Frederick, from the time he arrives at the store, makes the purchase, exits the store and leaves can you tell us whether all of that was done within the period of 15 minutes?
KENNAN FREDERICK: Yes, ma'am. Because I believe the video started at like 10:50, 10:51.
SUZANNE MAYES: At the time at the register?
KENNAN FREDERICK: And ended at 11:05.
SUZANNE MAYES: And you mentioned that you have a means to look at that receipt and then match it up to particular items?
KENNAN FREDERICK: Yes, ma'am. With the UPC.
SUZANNE MAYES: I'm going to show you some photographs already in evidence. That's the chemical splash impact goggles, front side, State's 118; and the backside being the State's 119. The UPC number, all that that I'm going to show you, and I'll ask you whether or not you can recognize that particular number. It is premarked as State's 139.
KENNAN FREDERICK: That's the same UPC.
SUZANNE MAYES: Same item?
KENNAN FREDERICK: Yes, ma'am.
SUZANNE MAYES: This is State's 121 and 122. I'm going to ask you whether or not you know if those items are sold there at Walmart.
KENNAN FREDERICK: I'd have to look at the UPC, but -- yes, ma'am. That matches the same one as the dust mask.
SUZANNE MAYES: I'll show you State's 142 premarked.
KENNAN FREDERICK: Yes, ma'am.
SUZANNE MAYES: There was a pail that was purchased, and there was a SKU number for that pail. And I don't know if you can see it from where you are, but I can bring that up to you if you need it.
KENNAN FREDERICK: I can call out the UPC on the receipt.
SUZANNE MAYES: I'll bring that to you.
KENNAN FREDERICK: Okay.
SUZANNE MAYES: Does that appear to be the same item?
KENNAN FREDERICK: Yes, ma'am.
SUZANNE MAYES: I'll show you a bottle of muriatic acid, which is State's Exhibit 98. I believe you've previously testified and I was asking you whether or not you know that's sold at Walmart.
KENNAN FREDERICK: Yes, ma'am.
SUZANNE MAYES: I'm going to show you an item which is premarked State's 141 and ask you whether or not you can observe a SKU number on this item.
KENNAN FREDERICK: Yes, ma'am. That matches.
SUZANNE MAYES: That's the identical item?
KENNAN FREDERICK: Yes, ma'am.
SUZANNE MAYES: State's 141. I'm going to show you an item and ask you what this is.
KENNAN FREDERICK: That's some sort of saw.
SUZANNE MAYES: State's 114. And I'm going to show you State's 115. Here's the SKU number. What are we looking at in this photograph.
KENNAN FREDERICK: A Stanley saw again. A multi-saw.
SUZANNE MAYES: I'm going to hand you both of these items just to confirm that they are --
KENNAN FREDERICK: Yes, ma'am.
SUZANNE MAYES: Is that consistent with your receipt? State's Exhibit 138 and 140.
KENNAN FREDERICK: Yes, ma'am. It's consistent.
SUZANNE MAYES: Would that be the blades?
KENNAN FREDERICK: Yes, ma'am.
SUZANNE MAYES: Has this item been opened?
KENNAN FREDERICK: Yes, ma'am.
SUZANNE MAYES: A blade is missing?
KENNAN FREDERICK: Yes, ma'am.
SUZANNE MAYES: Now State's 140.
KENNAN FREDERICK: That's the same UPC.
SUZANNE MAYES: So the saw matches the receipt as well?
KENNAN FREDERICK: Yes, ma'am.
SUZANNE MAYES: Your Honor, at this time the State would offer all of these items for evidence including State's 140, 138, 142, 139.
ROBERT MADSEN: Subject to previous objection.
THE COURT: Subject to your previous objection, it's 138 and 139, 140, 141 and 142 is what I understand has been identified and is to be admitted without object subject to the previous pretrial hearing. (Whereupon, State's Exhibit numbers 138 through 142. were admitted into evidence.)
SUZANNE MAYES: Mr. Frederick, you've watched this transaction as the manager in its entirety?
KENNAN FREDERICK: Yes, ma'am.
SUZANNE MAYES: At any point in time did you observe anything on this video that gave you concerns about this individual's mental status?
KENNAN FREDERICK: No, ma'am.
SUZANNE MAYES: You've been manager at Walmart -- how many years did you work in that role?
KENNAN FREDERICK: Thirteen years as a manager, but at different stores though. I was at that store for four years.
SUZANNE MAYES: Can you tell us whether or not everything about this transaction appeared normal to you?
KENNAN FREDERICK: Yes, ma'am.
SUZANNE MAYES: Nothing further, Your Honor.
THE COURT: Mr. Madsen.
CROSS-EXAMINATION By Mr. Madsen:
ROBERT MADSEN: Mr. Frederick, the parking lot videos, you can see that that's a, I guess a black SUV. You can't tell make, model, anything like that, correct?
KENNAN FREDERICK: No, sir.
ROBERT MADSEN: You can't tell -- see who the person is that gets in and out, correct?
KENNAN FREDERICK: No, sir.
ROBERT MADSEN: And Walmart doesn't make a video that you can actually track that person through the whole thing, right?
KENNAN FREDERICK: We have some cameras in certain areas. Yes, sir.
ROBERT MADSEN: But they didn't ask you for them?
KENNAN FREDERICK: No, sir.
ROBERT MADSEN: So basically law enforcement came there, said, hey, can you match this receipt and give us the video and you got them the video?
KENNAN FREDERICK: Yes, sir.
ROBERT MADSEN: That's all the questions I have.
SUZANNE MAYES: Just to clarify, Your Honor. The video has been published.
THE COURT: It has.
SUZANNE MAYES: But it's in evidence, if that wasn't clear before, State's 71.
THE COURT: It was admitted without objection. All right. You may step down. (Whereupon, the witness steps down from the witness stand.)
SUZANNE MAYES: And if Mr. Frederick may be excused.
THE COURT: He may.
SUZANNE MAYES: The State calls Denise Atkinson.