7.Kennan Frederick — Direct/Cross
209 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.
MS. MAYES: Good morning, Mr. Frederick.
KENNAN FREDERICK: Good morning.
MS. 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:
MS. 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.
MS. 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.
MS. MAYES: And were you working there at the Lexington County Walmart here in September of 2014?
KENNAN FREDERICK: Yes, ma'am.
MS. 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.
MS. 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.
MS. 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.
MS. MAYES: How so?
KENNAN FREDERICK: This is the receipt that the officer gave to me to look up the video for.
MS. 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.
MS. MAYES: Does that appear to be the same?
KENNAN FREDERICK: Yes, ma'am.
MS. 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.
MS. 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.
MS. MAYES: I beg the Court's indulgence.
THE COURT: Uh-huh, (indicated in the affirmative.)
MS. 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.
MS. 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.
MS. 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.
MS. MAYES: How so?
KENNAN FREDERICK: I looked at it on that date.
MS. MAYES: Okay. And having pulled that video did you have a chance to observe it yourself?
KENNAN FREDERICK: Yes, ma'am.
MS. MAYES: Does it bear your initials?
KENNAN FREDERICK: Yes, ma'am.
MS. 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.
MS. MAYES: Your Honor, this would be State's 71 for evidence.
MR. MADSEN: No objection.
THE COURT: State's 71 is admitted without objection.
(Whereupon, State's Exhibit number 71 was admitted into evidence.)
MS. 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.
MS. MAYES: All right. So September 3rd, 2014?
KENNAN FREDERICK: Yes, ma'am.
MS. MAYES: And what is the time shown on that transaction?
KENNAN FREDERICK: 11:05:16.
MS. 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.
MS. 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.
MS. 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.
MS. MAYES: All right. And does that UPC allow you to match it up to any particular items, if needed?
KENNAN FREDERICK: Yes, ma'am.
MS. MAYES: Was law enforcement present when you pulled this video?
KENNAN FREDERICK: Yes, ma'am.
MS. 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.)
MS. MAYES: What are we looking at here? What is this?
KENNAN FREDERICK: That is the Garden Center parking lot camera.
MS. 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.
MS. 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.
MS. MAYES: Do you recall observing an individual get out of the SUV?
KENNAN FREDERICK: Yes, ma'am.
MS. MAYES: Did that individual appear to be alone?
KENNAN FREDERICK: Yes, ma'am.
MS. MAYES: You mentioned that the receipt allows you to trace back to the point of transaction?
KENNAN FREDERICK: Yes, ma'am.
MS. 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.
MS. MAYES: Again, we're talking about September 3rd, 2014?
KENNAN FREDERICK: Yes, ma'am.
MS. MAYES: Do you need to look for specific items on the receipt?
KENNAN FREDERICK: Yes, ma'am.
MS. MAYES: And what is the actual transaction time shown on the receipt?
KENNAN FREDERICK: 11:05:16.
MS. MAYES: 11:05 a.m.?
KENNAN FREDERICK: Yes, ma'am.
MS. 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.
MS. 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.
MS. MAYES: All right. A pail?
KENNAN FREDERICK: Yes, ma'am.
MS. MAYES: Under the brand name Walmart?
KENNAN FREDERICK: Yes, ma'am.
MS. 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.
MS. 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.
MS. MAYES: And we're talking about candy?
KENNAN FREDERICK: Yes, ma'am.
MS. MAYES: I think you also mentioned Gatorade, an eight pack of Gatorade?
KENNAN FREDERICK: Yes, ma'am.
MS. MAYES: Where is the Gatorade sold within Walmart?
KENNAN FREDERICK: The Gatorade is just in the back of the store.
MS. 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.
MS. 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.
MS. MAYES: This is the subject?
KENNAN FREDERICK: Yes, ma'am.
MS. MAYES: Did that transaction match up with what's shown on your receipt?
KENNAN FREDERICK: Yes, ma'am.
MS. 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.
MS. 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.
MS. 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.
MS. MAYES: Does that appear to be the same subject you just saw at the previous register?
KENNAN FREDERICK: Yes, ma'am.
MS. MAYES: With that pail and the Gatorade?
KENNAN FREDERICK: Yes, ma'am.
MS. MAYES: And then did you also have the occasion to watch the subject leave the Walmart?
KENNAN FREDERICK: Yes, ma'am.
MS. MAYES: Is that also captured on video?
KENNAN FREDERICK: Yes, ma'am.
MS. 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.
MS. MAYES: At the time at the register?
KENNAN FREDERICK: And ended at 11:05.
MS. 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.
MS. 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.
MS. MAYES: Same item?
KENNAN FREDERICK: Yes, ma'am.
MS. 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.
MS. MAYES: I'll show you State's 142 premarked.
KENNAN FREDERICK: Yes, ma'am.
MS. 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.
MS. MAYES: I'll bring that to you.
KENNAN FREDERICK: Okay.
MS. MAYES: Does that appear to be the same item?
KENNAN FREDERICK: Yes, ma'am.
MS. 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.
MS. 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.
MS. MAYES: That's the identical item?
KENNAN FREDERICK: Yes, ma'am.
MS. 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.
MS. 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.
MS. MAYES: I'm going to hand you both of these items just to confirm that they are --
KENNAN FREDERICK: Yes, ma'am.
MS. MAYES: Is that consistent with your receipt? State's Exhibit 138 and 140.
KENNAN FREDERICK: Yes, ma'am. It's consistent.
MS. MAYES: Would that be the blades?
KENNAN FREDERICK: Yes, ma'am.
MS. MAYES: Has this item been opened?
KENNAN FREDERICK: Yes, ma'am.
MS. MAYES: A blade is missing?
KENNAN FREDERICK: Yes, ma'am.
MS. MAYES: Now State's 140.
KENNAN FREDERICK: That's the same UPC.
MS. MAYES: So the saw matches the receipt as well?
KENNAN FREDERICK: Yes, ma'am.
MS. MAYES: Your Honor, at this time the State would offer all of these items for evidence including State's 140, 138, 142, 139.
MR. 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.)
MS. MAYES: Mr. Frederick, you've watched this transaction as the manager in its entirety?
KENNAN FREDERICK: Yes, ma'am.
MS. 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.
MS. 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.
MS. MAYES: Can you tell us whether or not everything about this transaction appeared normal to you?
KENNAN FREDERICK: Yes, ma'am.
MS. MAYES: Nothing further, Your Honor.
THE COURT: Mr. Madsen.
CROSS-EXAMINATION By Mr. Madsen:
MR. 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.
MR. MADSEN: You can't tell -- see who the person is that gets in and out, correct?
KENNAN FREDERICK: No, sir.
MR. 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.
MR. MADSEN: But they didn't ask you for them?
KENNAN FREDERICK: No, sir.
MR. 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.
MR. MADSEN: That's all the questions I have.
MS. MAYES: Just to clarify, Your Honor. The video has been published.
THE COURT: It has.
MS. 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.)
MS. MAYES: And if Mr. Frederick may be excused.
THE COURT: He may.
MS. MAYES: The State calls Denise Atkinson.