case 5:11-cv-00360-olg-jes-xr document 597-5 filed 02/02/12 … · 2012-02-02 · court reporter:...

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UNITED STATES DISTRICT COURTFOR THE DISTRICT OF COLUMBIA

STATE OF TEXAS,

Plaintiff,

v.

UNITED STATES OF AMERICA, etal., Defendants.

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Docket No. CA 11-1303

Washington, D.C.January 19, 20122:00 p.m.

AFTERNOON SESSION - DAY 3 TRANSCRIPT OF MOTION HEARING PROCEEDINGS BEFORE THE HONORABLE THOMAS B. GRIFFITH, UNITED STATES CIRCUIT JUDGE, andHONORABLES ROSEMARY M. COLLYER and BERYL A. HOWELL,

UNITED STATES DISTRICT JUDGES

APPEARANCES:

For the Plaintiff: MATHEW H. FREDRICK, Special CounselSTACEY NAPIER, Senior Counsel to theAttorney GeneralJ. REED CLAY, Senior Counsel to theAttorney GeneralANGELA V. COLMENERO, AssistantAttorney GeneralOffice of the Attorney General ofTexasP.O. Box 12548Austin, TX 78711-2548

ADAM K. MORTARA, Esq.ASHLEY C. KELLER, Esq.JOHN M. HUGES, Esq.Bartlit, beck, Herman, Palenchar &Scott, LLPCourthouse Place54 West Hubbard StreetChicago, IL 60610

Case 5:11-cv-00360-OLG-JES-XR Document 597-5 Filed 02/02/12 Page 1 of 176

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APPEARANCES: Cont.

For the Defendants: TIMOTHY F. MELLETT, Trial AttorneyBRYAN L. SELLS, Trial AttorneyOLIMPIA E. MICHEL, Trial AttorneyDANIEL J. Freeman, Trial AttorneyU.S. Department of Justice950 Pennsylvania Avenue, NWWashington, DC 20530

For the Intervenor JOSEPH GERALD HEBERT, EsquireDefendants: J. Gerald Hebert, P.C.

191 Somervelle Street, Suite 405Alexandria, VA 22304

JOHN M. DEVANEY, EsquirePerkins Coie700 13th Street, NW, Suite 600Washington, DC 2005-3960

JOHN K. TANNER, Esquire3743 Military Road, NWWashington, DC 20015

NINA PERALES, EsquireMexican American Legal Defense & Educational Fund, Inc.1100 Broadway, Suite 300San Antonio, TX 78205

ALLISON J. RIGGS, EsquireSouthern Coalition for Social Justice1415 West Highway 54, Suite 101Durham, NC 27707

JOSE GARZA, Esquire7414 Robin Rest DriveSan Antonio, TX 98209

Court Reporter: SCOTT L. WALLACE, RDR, CRROfficial Court ReporterRoom 6503, U.S. CourthouseWashington, D.C. [email protected]

Proceedings reported by machine shorthand, transcript produced by computer-aided transcription. 01:49PM


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AFTERNOON SESSION, JANUARY 19, 201201:49PM 1(2:01 p.m.)01:49PM 2

THE COURTROOM CLERK: Be seated, please, and come to 02:01PM 3order. 02:01PM 4

JUDGE COLLYER: Good afternoon, everybody. 02:01PM 5Silly me, I thought that, you know, maybe you just wanted 02:01PM 6

to take it easy, but no, you wanted to go to the arguments. Now 02:01PM 7I remember. All right. I hope you had a nice time. Who goes 02:01PM 8next?02:02PM 9

JUDGE GRIFFITH: And I'm back from my day job. Nice to be 02:02PM 10back. 02:02PM 11

JUDGE COLLYER: Thank you. In the District Court, where 02:02PM 12things happen. 02:02PM 13

JUDGE GRIFFITH: That's right. 02:02PM 14JUDGE COLLYER: Who's going next? Who's got a witness? 02:02PM 15MR. MELLETT: The United States, Your Honor, is going to 02:02PM 16

call Jaime Longoria. 02:02PM 17JUDGE COLLYER: All right. Thank you very much.02:02PM 18If you could come forward, ma'am. 02:02PM 19MR. MELLETT: And Olimpia Michel will be presenting this 02:02PM 20

witness for the United States. 02:02PM 21 (JAIME R. LONGORIA, DEFENDANTS' WITNESS IN THE CASE, 02:03PM 22

SWORN)02:03PM 2302:03PM 2402:03PM 25


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DIRECT EXAMINATION OF JAIME LONGORIA02:03PM 1BY MS. MICHEL:02:03PM 2

Good afternoon, Mr. Longoria. 02:03PM 3 Q.

Good afternoon. 02:03PM 4 A.

Can you please state your name for the record. 02:03PM 5 Q.

Sure. My name is Jaime R. Longoria. 02:03PM 6 A.

JUDGE COLLYER: And can you spell it please, sir. 02:03PM 7THE WITNESS: Jaime is J-A-I-M-E, middle initial R, last 02:03PM 8

name is Longoria. That's L-O-N as in Nancy, G-O-R-I-A. 02:03PM 9JUDGE COLLYER: Thank you, sir. 02:03PM 10

BY MS. MICHEL:02:03PM 11Mr. Longoria, where do you reside? 02:03PM 12 Q.

I live in Edinburg, Texas, in Hidalgo County. 02:03PM 13 A.

And how long have you lived in Hidalgo County? 02:03PM 14 Q.

Pretty much most of my life. About 47 years. I'm 48 02:03PM 15 A.

years, so about 47 years. 02:03PM 16And Mr. Longoria, what is your ethnicity? 02:03PM 17 Q.

I consider myself seventh generation Mexican-American. 02:04PM 18 A.

Hispanic. 02:04PM 19And are you married, Mr. Longoria? 02:04PM 20 Q.

Yes, I am. My wife's name is Sary Longoria. 02:04PM 21 A.

And how long have you been married? 02:04PM 22 Q.

About 18 years.02:04PM 23 A.

And do you have any children? 02:04PM 24 Q.

Yes, I do. I have a 17 year daughter, a 15-year-old son, 02:04PM 25 A.


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and I have a six-year-old little boy who passed away about a 02:04PM 1year ago. 02:04PM 2

And were you educated in Texas? 02:04PM 3 Q.

Yes, I was.02:04PM 4 A.

And where were you -- where did you go to elementary 02:04PM 5 Q.

school? 02:04PM 6I attended elementary school in Mission, as well as high 02:04PM 7 A.

school in Mission. That's in Hidalgo County. 02:04PM 8And did you get a bachelor's degree? 02:04PM 9 Q.

I went on to the University of Texas-Pan American and I 02:04PM 10 A.

got a bachelor's degree in political science and a minor in 02:04PM 11economics. 02:04PM 12

And, Mr. Longoria, can you please describe your 02:04PM 13 Q.

professional background. 02:04PM 14I spent the better part of my professional life -- I 02:04PM 15 A.

guess about 20 years, 25 years -- working in the nonprofit 02:04PM 16sector or working in the government sector. I ran a Boys and 02:04PM 17Girls Club for a few years. I also worked -- several Boys and 02:05PM 18Girls Clubs in Hidalgo County and Starr County. And then I also 02:05PM 19worked for Texas A&M colonias program, and I spent ten years 02:05PM 20working for the Texas Secretary of State as an ombudsman in 02:05PM 21Hidalgo County. 02:05PM 22

And you mentioned the word "colonias" before. Can you 02:05PM 23 Q.

please explain what "colonias" are. 02:05PM 24Colonias are generally unincorporated -- they can also be 02:05PM 25 A.


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some incorporated areas -- that lack infrastructure, either 02:05PM 1water or waste water or paved roads. They're isolated 02:05PM 2communities, generally very high percentage of Hispanics, almost 02:05PM 3100 percent Hispanic. Generally, very low income areas. 02:05PM 4

And you mentioned that you worked as ombudsman for the 02:05PM 5 Q.

Secretary of State. What were your duties? 02:05PM 6My duties were to facilitate -- to serve as an advocate 02:05PM 7 A.

for colonias residents, to serve as a conduit between state, 02:05PM 8federal and local governments in terms of providing 02:06PM 9infrastructure and providing different types of projects for 02:06PM 10them to get those infrastructure needs addressed. 02:06PM 11

And why did you work in the colonias? 02:06PM 12 Q.

Um, it's -- those communities have been underserved for 02:06PM 13 A.

years and years. The community is -- this is a community where 02:06PM 14I live. This is where my family lives, and this is where we -- 02:06PM 15this is where my kids go to school, my wife works, and I work. 02:06PM 16And it's -- it's just an area that really needs assistance. 02:06PM 17

And for clarification, do you currently live in a colonia 02:06PM 18 Q.

area? 02:06PM 19No, I don't. 02:06PM 20 A.

But you've worked in colonia areas; is that right? 02:06PM 21 Q.

Yes. I actually -- growing up, when I was between zero 02:06PM 22 A.

and eight years old, I grew up in an area I didn't know was a 02:06PM 23colonia, but it was an area that didn't have paved streets, and 02:06PM 24we used to -- rocks were our toys because the roads weren't 02:06PM 25


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paved, so we lived kind of in that area until we moved out of 02:06PM 1that neighborhood. 02:07PM 2

And where do you currently work, Mr. Longoria? 02:07PM 3 Q.

I work as assistant chief administrator for Hidalgo 02:07PM 4 A.

County Judge Ramon Garcia. 02:07PM 5And what are Judge Garcia's responsibilities as judge? 02:07PM 6 Q.

He presides over commissioners' court in Hidalgo County. 02:07PM 7 A.

He is the chief administrator. The commissioners' court, of 02:07PM 8course, is the governmental body that oversees functions in 02:07PM 9Hidalgo County. 02:07PM 10

And what are your duties as Judge Garcia's assistant 02:07PM 11 Q.

chief administrator. 02:07PM 12Primarily, I respond to constituent requests. I also 02:07PM 13 A.

assist the judge in whatever issues are coming up, whether they 02:07PM 14be issues of drainage or building a new courthouse, responding 02:07PM 15to constituent requests, overseeing his staff. Just anything 02:07PM 16that really comes up. 02:07PM 17

And do you belong to any local community organizations? 02:07PM 18 Q.

Yes, ma'am. Primarily, I'm a -- I spend a lot of time 02:07PM 19 A.

with my family, so I'm very active in our church. I actually 02:07PM 20live in Edinburg, but I attend church at St. Joseph the Worker 02:08PM 21Church in McAllen, the community next door, and I'm a 02:08PM 22eucharistic minister. I teach confirmation class. I consider 02:08PM 23myself a leader. 02:08PM 24

I also am kind of active peripherally in an organization 02:08PM 25


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called Valley Interfaith. 02:08PM 1And what is Valley Interfaith? 02:08PM 2 Q.

Valley Interfaith is a grassroots advocacy organization. 02:08PM 3 A.

They work on behalf of residents who are colonias residents who 02:08PM 4are underprivileged, helping them to get services and getting 02:08PM 5their needs addressed. 02:08PM 6

And are you a registered voter in Hidalgo County? 02:08PM 7 Q.

Yes, ma'am, I am. 02:08PM 8 A.

And you affiliated with a particular political party? 02:08PM 9 Q.

No. I've always thought of myself as pretty much an 02:08PM 10 A.

independent. I vote for members of either party at different 02:08PM 11times. It really depends on who runs. I'm kind of independent. 02:08PM 12

And are you an active participant on any campaigns? 02:09PM 13 Q.

No. When I was in college back in -- you know, when I 02:09PM 14 A.

was in college, I do -- I would tell you that I was assigned to 02:09PM 15participate in a campaign, and I did. And then recently, when I 02:09PM 16came over to work for the judge, I participated in a little bit 02:09PM 17of campaign fundraising, but that's really the first time I'd 02:09PM 18ever been involved in anything political, I guess. 02:09PM 19

Mr. Longoria, are you familiar with the cities and 02:09PM 20 Q.

neighborhoods in Hidalgo County? 02:09PM 21Yes, ma'am.02:09PM 22 A.

And how did you gain this familiarity? 02:09PM 23 Q.

Gosh, having lived there all my life, number one. I 02:09PM 24 A.

lived in Mission, I go to church in McAllen and I live in 02:09PM 25


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Edinburg. That pretty much encompasses most of the district 02:09PM 1that we're speaking about. And also having worked in colonias 02:09PM 2with the Secretary of State's office, I traveled -- I was 02:09PM 3assigned to Hidalgo County, so I traveled all of the areas of 02:09PM 4Hidalgo County, the little, obscure corners from Sullivan City 02:09PM 5to the west, Mercedes to the east, Hidalgo to the south and San 02:10PM 6Manuel to the north. So that allowed me -- the Secretary of 02:10PM 7State allowed me to travel quite a bit in the county. 02:10PM 8

And in your current employment, does that require you to 02:10PM 9 Q.

travel to different areas in the county? 02:10PM 10Very much so. We get requests from constituents in 02:10PM 11 A.

various parts of the county, so I do travel. I visit with 02:10PM 12residents of all backgrounds and just get around quite a bit. 02:10PM 13

And are you familiar with the ethnic and racial makeup of 02:10PM 14 Q.

the cities and neighborhoods in Hidalgo County? 02:10PM 15Yeah, I believe so. I believe that -- because of all the 02:10PM 16 A.

reasons that I mentioned earlier, I can pretty much tell the 02:10PM 17neighborhoods and ethnicities -- you know, what the makeup would 02:10PM 18be. 02:10PM 19

And is Hidalgo County a majority Hispanic county? 02:10PM 20 Q.

Primarily, yes. I would say about 90 percent Hispanic. 02:10PM 21 A.

Are you familiar with the socioeconomic makeup of the 02:10PM 22 Q.

cities and neighborhoods in Hidalgo County? 02:11PM 23Yes. Yes, ma'am. 02:11PM 24 A.

Mr. Longoria, what is your current Texas House of 02:11PM 25 Q.


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Representatives district? 02:11PM 1I live in District 41. 02:11PM 2 A.

And who currently represents District 41 in the House of 02:11PM 3 Q.

Representatives? 02:11PM 4Veronica Gonzales.02:11PM 5 A.

And do you know how many times Representative Gonzales 02:11PM 6 Q.

has been re-elected? 02:11PM 7I think it's three or four times. 02:11PM 8 A.

And what is the socioeconomic makeup of District 41? 02:11PM 9 Q.

You know, the nice thing, the beautiful thing about our 02:11PM 10 A.

district is that it's mixed income, primarily mixed income. You 02:11PM 11may go to areas that have a gated community, and down the 02:11PM 12street, there may be a colonias, and then down the street, there 02:11PM 13may be a middle income neighborhood. So the district as it is 02:11PM 14now is pretty much just a mix -- a mix -- mixed area. 02:11PM 15

And when you say "mixed area," what are you referring to? 02:11PM 16 Q.

There's a mix of various levels of income, types of 02:11PM 17 A.

housing, things like that. 02:12PM 18Mr. Longoria, are you familiar with Plan H283, the 02:12PM 19 Q.

enacted districting plan for the Texas House of Representatives? 02:12PM 20Yes, ma'am, I'm familiar. 02:12PM 21 A.

And is it part of your job to stay informed about the 02:12PM 22 Q.

Texas redistricting process? 02:12PM 23Yes. Part of my current job, of course, as assistant 02:12PM 24 A.

chief administrator to the judge is to stay on top of that and 02:12PM 25


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to follow the redistricting plan as it unfolded. But previous 02:12PM 1to that with the Secretary of State's office, I had a real 02:12PM 2interest in staying informed about who was going to represent 02:12PM 3the various colonias groups, the various colonias areas in our 02:12PM 4district, so I followed that pretty closely. 02:12PM 5

And how did you stay informed regarding the redistricting 02:12PM 6 Q.

process? 02:12PM 7Primarily, I accessed the Texas Legislative Council 02:12PM 8 A.

Website and got information from them, and also some of the 02:12PM 9media sources, the Texas Tribune.org. There was media sources 02:12PM 10such as the Houston Chronicle, the San Antonio Express News. 02:13PM 11There was also articles in the Red Guardian, articles in -- I 02:13PM 12think there were some video articles on KRGV.com. So as much of 02:13PM 13social information from news media as I could get. 02:13PM 14

And do you remain in District 41 under the enacted plan? 02:13PM 15 Q.

Yes, ma'am.02:13PM 16 A.

And have you examined the changes that the plan makes to 02:13PM 17 Q.

your district? 02:13PM 18Yes, I have. 02:13PM 19 A.

Do you support the changes that the plan makes to your 02:13PM 20 Q.

district? 02:13PM 21No, I don't. 02:13PM 22 A.

Do you oppose the changes that the plan makes to your 02:13PM 23 Q.

district? 02:13PM 24Yes, I pretty much -- I do oppose the changes. The 02:13PM 25 A.


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changes just destroy, really, the makeup as it is now of the 02:13PM 1district. There are neighborhoods that are separated, there's 02:13PM 2precincts that are separated. There's just a lot of the 02:13PM 3relationships, and the coalitions that we've built over the last 02:13PM 4ten years are being kind of cast aside. And it really destroys 02:14PM 5a lot of the cohesiveness in the district. 02:14PM 6

Mr. Longoria, in order to examine the changes that would 02:14PM 7 Q.

occur in your district, did you review any maps? 02:14PM 8Yes, I did. 02:14PM 9 A.

And what maps did you review? 02:14PM 10 Q.

Initially, I reviewed maps from the Texas Legislative 02:14PM 11 A.

Council. And then, as I -- as this unfolded a little more, the 02:14PM 12Department of Justice did send me some maps that they were 02:14PM 13working with. And then most recently, I asked our elections 02:14PM 14division to put together some maps that actually showed me 02:14PM 15street names and showed me, really, neighborhoods, because I was 02:14PM 16really interested in what the relationships were in terms of 02:14PM 17neighborhoods. The Texas Legislative Council maps just kind of 02:14PM 18showed areas, so I asked our elections division to put together 02:14PM 19some maps that would allow me to look at specific streets and 02:14PM 20neighborhoods so that I could see what this redistricting plan 02:14PM 21was going to do to neighborhoods. 02:14PM 22

And when you're saying "elections division," you're 02:15PM 23 Q.

referring to the Hidalgo County Division of Elections; is that 02:15PM 24correct? 02:15PM 25


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Yes, ma'am. That's the Hidalgo County Elections 02:15PM 1 A.

Division. 02:15PM 2And who within the elections division created those maps 02:15PM 3 Q.

that you're referring to? 02:15PM 4There's a gentleman in our office, his name is Luis Diaz. 02:15PM 5 A.

He's the GIS coordinator in the elections division, and he's 02:15PM 6charged with putting maps together. He does that pretty much on 02:15PM 7a daily basis. 02:15PM 8

And what maps did Mr. Diaz create for you? 02:15PM 9 Q.

He provided two different maps. He provided a map of 02:15PM 10 A.

District 41 as it is today, and then he provided me with a map 02:15PM 11of District 41 as it would be in the enacted plan. 02:15PM 12

And again, why did you request these maps from Mr. Diaz? 02:15PM 13 Q.

It was important to me to see neighborhoods, to see 02:15PM 14 A.

street names, and to see exactly where these boundary lines were 02:15PM 15going to be, because I was concerned for, primarily, colonias 02:15PM 16residents, but also just for residents in general in our 02:15PM 17district in general. I live there and it's part of my job to 02:16PM 18look at those details. 02:16PM 19

MS. MICHEL: Your Honor, I would like to show Mr. Longoria 02:16PM 20what has been marked as Defendant's Exhibit 8, please. 02:16PM 21

JUDGE COLLYER: All right. Go right ahead. 02:16PM 22BY MS. MICHEL:02:16PM 23

Mr. Longoria, do you recognize what has been marked as 02:16PM 24 Q.

Defendant's Exhibit 8? 02:16PM 25


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Yes, I do. 02:16PM 1 A.

And what do you recognize this to be? 02:16PM 2 Q.

This is the map of the district as it would be under the 02:16PM 3 A.

enacted plan. It's the map that was provided to me by Mr. Luis 02:16PM 4Diaz from the Hidalgo County Elections Division, as evidenced by 02:16PM 5the labeling, and I recognize it. 02:16PM 6

Mr. Longoria, let's review the map. What are those areas 02:16PM 7 Q.

shaded in green? 02:17PM 8The areas shaded in green depict the district as it would 02:17PM 9 A.

be under the enacted plan. 02:17PM 10And what are the areas in the map that are white? 02:17PM 11 Q.

The white areas are the areas that are outside of 02:17PM 12 A.

District 41.02:17PM 13And what do the bold black lines symbolize? 02:17PM 14 Q.

Those are precinct boundaries.02:17PM 15 A.

And finally, what do the orange numbers label? 02:17PM 16 Q.

The orange numbers are the precinct numbers. 02:17PM 17 A.

MS. MICHEL: Can you please focus on Precinct 105. 02:17PM 18BY MS. MICHEL:02:17PM 19

Mr. Longoria, can you look at Precinct 105, please. 02:17PM 20 Q.

Is Precinct 105 split? 02:17PM 21Yes, it is. 02:17PM 22 A.

And how do you know that? 02:18PM 23 Q.

The big rectangle that's marked by the blacked lines is 02:18PM 24 A.

Precinct 105, and the small rectangle in the center where the 02:18PM 25


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actual numbers are, 105, that's actually what's in the district, 02:18PM 1but the area outside is still in the precinct, but outside of 02:18PM 2District 41. 02:18PM 3

Under the enacted plan? 02:18PM 4 Q.

Under the enacted plan, yes. 02:18PM 5 A.

Thank you. And, Mr. Longoria, can you describe the areas 02:18PM 6 Q.

in this precinct that are included in District 41? 02:18PM 7Okay. This is 23rd Street (indicating). 23rd Street is 02:18PM 8 A.

the one that bisects the small green rectangle. There is a 02:18PM 9street name by the name of Barolo Street. Barolo Street is 02:18PM 10actually -- goes into a subdivision that's a very exclusive 02:18PM 11neighborhood. It's a gated community. It's got a private lake. 02:18PM 12

JUDGE COLLYER: Can you show us where you're talking 02:18PM 13about. 02:18PM 14

THE WITNESS: I'm trying to -- 02:18PM 15BY MS. MICHEL:02:18PM 16

Yes, you can -- you can use your finger. 02:18PM 17 Q.

Okay. This little area right here -- 02:19PM 18 A.

It doesn't do it on mine. 02:19PM 19Oh, yours isn't working? 02:19PM 20 Q.

No. I'm touching the screen, but it isn't doing 02:19PM 21 A.

anything. 02:19PM 22MS. MICHEL: I need to reset it. 02:19PM 23JUDGE COLLYER: Okay. How long will that take? 02:19PM 24MS. MICHEL: Just a minute.02:19PM 25


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JUDGE HOWELL: While we're waiting for this to happen -- 02:20PM 1And you can finish your drink, Mr. Longoria. 02:20PM 2THE WITNESS: Yes. 02:20PM 3JUDGE HOWELL: -- if there were new polling places that 02:20PM 4

needed to be set up, would that fall under the responsibility of 02:20PM 5the county judge and part of your responsibilities to figure that 02:20PM 6out and find a place? 02:20PM 7

THE WITNESS: I believe the elections office would have to 02:20PM 8do that. 02:20PM 9

JUDGE HOWELL: Okay. So that wouldn't fall -- 02:20PM 10THE WITNESS: They would make a recommendation to the 02:20PM 11

commissioners' court and the commissioners' court would adopt 02:20PM 12them. 02:20PM 13

JUDGE HOWELL: Okay. So you would have some role in it? 02:20PM 14THE WITNESS: I believe so, yes. 02:20PM 15JUDGE HOWELL: Okay. 02:20PM 16

BY MS. MICHEL:02:20PM 17Okay, Mr. Longoria. You were going to show us some areas 02:20PM 18 Q.

in Precinct 105? 02:20PM 19The areas that are included, of course, are the areas 02:20PM 20 A.

that are shaded in green. This is the area that I was speaking 02:20PM 21about, is Barolo Street. It's an exclusive neighborhood. It's 02:20PM 22a gated community. Homes there are, I would say, at least half 02:20PM 23a million dollars on up, primarily earmarked by high income, 02:20PM 24primarily Anglo residents that live in this particular 02:21PM 25


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neighborhood. 02:21PM 1Thank you, Mr. Longoria. And can you describe the areas 02:21PM 2 Q.

that are excluded from Precinct 105? 02:21PM 3The areas that are excluded are all the areas in white. 02:21PM 4 A.

These areas up here along Monte Christo Road, are primarily 02:21PM 5colonias areas, low income, primarily Hispanic areas. The areas 02:21PM 6down here (indicating) -- 02:21PM 7

JUDGE GRIFFITH: Excuse me. They have road names, but 02:21PM 8they're not paved, generally? 02:21PM 9

THE WITNESS: No, these would be paved, but they would -- 02:21PM 10at one time, they lacked infrastructure services, so they would 02:21PM 11be colonias areas, and primarily low income -- low income 02:21PM 12Hispanic areas. 02:21PM 13

The areas down here, primarily those are apartment 02:21PM 14dwellers, university students, some colonias that kind of kind of 02:21PM 15come in from this area (indicating), but low income Hispanic 02:21PM 16areas and students that live in that bottom area in the southeast 02:21PM 17corner. 02:21PM 18

Over on the other side, these are primarily middle income 02:21PM 19Hispanic areas. There's a school located in the middle here. 02:22PM 20Actually, there are two schools. And those are primarily middle 02:22PM 21income Hispanic residents. 02:22PM 22BY MS. MICHEL:02:22PM 23

Thank you, Mr. Longoria. And -- 02:22PM 24 Q.

JUDGE COLLYER: The record, I don't think, has to be 02:22PM 25


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terrible clear, but let me say that the area mentioned as a 02:22PM 1colonias is at the northern side of this map. To the right, or 02:22PM 2what would appear to be the east is the area where less -- lower 02:22PM 3income, students, et cetera, are, and to the west, along route 02:22PM 4129 -- 02:22PM 5

Is that 179? 02:22PM 6THE WITNESS: That would be railroad. 02:22PM 7JUDGE COLLYER: -- 129 is where the middle income 02:22PM 8

Hispanics live. 02:22PM 9The long and the short of it is that there are Anglo 02:22PM 10

residents in the center green area and then there are Hispanics 02:22PM 11in the white area? 02:23PM 12

THE WITNESS: Yes, ma'am. 02:23PM 13JUDGE COLLYER: Thank you. 02:23PM 14MS. MICHEL: Thank you, Your Honor. And just for the 02:23PM 15

Court's reference, 105 is up here in terms of this map 02:23PM 16(indicating). 02:23PM 17

JUDGE COLLYER: That's on the northern -- so we're at the 02:23PM 18northern top of 105. 02:23PM 19

MS. MICHEL: It's on the northern top of District 41 under 02:23PM 20the enacted map. 02:23PM 21

JUDGE COLLYER: Thank you. That's really what I meant. I 02:23PM 22knew you knew what I meant. 02:23PM 23

MS. MICHEL: Torrey, can we please pull up Precinct 63. 02:23PM 24BY MS. MICHEL:02:23PM 25


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Mr. Longoria, if you could please clear the screen. 02:23PM 1 Q.

Mr. Longoria, are you familiar with the area that is in 02:23PM 2Precinct 63? 02:23PM 3

Yes, I'm very familiar with this area. This is an area 02:23PM 4 A.

south of the city of Mission. I grew up in Mission, up until I 02:23PM 5was about 24 years old. It's an area that I'm very familiar 02:23PM 6with. 02:24PM 7

And can you describe the areas that are included in 02:24PM 8 Q.

the -- in District 41. 02:24PM 9Yeah. This also has a precinct split. The area right 02:24PM 10 A.

here (indicating) is known as the Cimarron Country Club. It's 02:24PM 11probably the most exclusive -- one of the most exclusive areas 02:24PM 12in the city of Mission. Very high income residents that live 02:24PM 13there. Homes are probably, I'd say, a million dollars, maybe 02:24PM 14more. It's an exclusive country club, as I said, primarily 02:24PM 15Anglo residents. 02:24PM 16

The area south of here (indicating) is more professional 02:24PM 17residents, but still higher end homes. High concentration of 02:24PM 18Anglo residents as well. And that would be -- that would be 02:24PM 19called the Shary Plantation. 02:24PM 20

And can you describe the areas that are excluded from 02:24PM 21 Q.

Precinct 63? 02:24PM 22The areas that are excluded would be the areas -- the 02:24PM 23 A.

areas immediately to the west here. They would be called -- 02:25PM 24they will be called La Cuchilla, the La Cuchilla area, and that 02:25PM 25


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would be about here (indicating), outside of Precinct 63. 02:25PM 1"La Cuchilla" is translated into English. It's called 02:25PM 2

The Blade. It was -- at one time, it was a colonia, and 02:25PM 3primarily -- primarily low income Hispanic area of Mission. 02:25PM 4

And, Mr. Longoria, can you look at the map again. 02:25PM 5 Q.

I'm sorry. I'm sorry. I think I circled the wrong 02:25PM 6 A.

place. It's actually this place, is La Cuchilla (indicating). 02:25PM 7And the area that you're circling now, is that La 02:25PM 8 Q.

Cuchilla? 02:25PM 9Yes, that's La Cuchilla. I'm sorry. The arrow kind of 02:25PM 10 A.

threw me of as to where I was. 02:25PM 11This is La Cuchilla, characterized by Abileno Farias 02:25PM 12

Street, all the way over to Erma Street. That's La Cuchilla. 02:25PM 13Sorry about that. 02:25PM 14

And can you describe the residents of La Cuchilla? 02:25PM 15 Q.

Primarily older residents, Hispanics, low income. 02:25PM 16 A.

Thank you. 02:25PM 17 Q.

And, Torrey, can we go to Precinct 103, please. 02:25PM 18JUDGE HOWELL: Before we leave that, in the area that has 02:26PM 19

the circle for the colonia up there, I don't see very many roads. 02:26PM 20Does that mean it's still unpaved? 02:26PM 21

THE WITNESS: There's actually a sewer plant. That area 02:26PM 22that's right here in the middle is the sewer treatment facility, 02:26PM 23and that's why it kind of became a colonia. That was property 02:26PM 24that nobody wanted to live in. So the folks that actually live 02:26PM 25


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in the area that -- it's called La Cuchilla. 02:26PM 1JUDGE HOWELL: Okay. 02:26PM 2MS. MICHEL: Thank you. 02:26PM 3And, Torrey, can we now please pull up Precinct 103. 02:26PM 4Thank you. 02:26PM 5

BY MS. MICHEL:02:26PM 6Mr. Longoria, are you familiar with this area in Precinct 02:26PM 7 Q.

103? 02:26PM 8Yeah. Precinct 103 is, again, very familiar to me. I 02:26PM 9 A.

grew up in Mission. This is in kind of the heart of Mission, 02:26PM 10right in the middle of Mission. 02:26PM 11


District 41 under the enacted plan, from Precinct 103? 02:27PM 13Yeah. When I was growing up, this road right here 02:27PM 14 A.

(indicating), Mayberry, was kind of known as a dividing line 02:27PM 15between the Anglo part of town and the Hispanic part of town. 02:27PM 16And the actual -- the green area, the green area is actually the 02:27PM 17area around the golf course, kind of in the middle. And the 02:27PM 18golf course -- there's actually homes that were built around the 02:27PM 19golf course. And there was families, like the Volzes and 02:27PM 20families like the Powells that lived in that particular area. 02:27PM 21So all of this area in green is -- was always called kind of the 02:27PM 22Anglo part of town. 02:27PM 23

And would you characterize that area as a high income 02:27PM 24 Q.

area? 02:27PM 25


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It's higher income, relatively speaking, to the other 02:27PM 1 A.

side. 02:27PM 2And can you describe the area that was excluded from 02:27PM 3 Q.

Precinct 103? 02:27PM 4The white area is primarily the Hispanic part of town, 02:27PM 5 A.

together with the precinct directly below it, but that would be 02:27PM 6the Hispanic kind of working-class, lower income. 02:28PM 7

JUDGE GRIFFITH: There appears to be a road running north 02:28PM 8and south that's the boundary between the green shaded area and 02:28PM 9the white area. Is that right? Is that a road? 02:28PM 10

THE WITNESS: Yeah. That's Mayberry. 02:28PM 11JUDGE GRIFFITH: So what kind of road is that? 02:28PM 12THE WITNESS: It's really a -- it's a nice road now. 02:28PM 13JUDGE GRIFFITH: Two lane? Four lane? Six lane? 02:28PM 14THE WITNESS: Four lane. 02:28PM 15JUDGE GRIFFITH: Four lane, divided?02:28PM 16THE WITNESS: Yeah. And when it gets to the golf course, 02:28PM 17

it becomes two lanes. 02:28PM 18MS. MICHEL: Thank you. 02:28PM 19Torrey, can we pull up Precinct 48, please. 02:28PM 20

BY MS. MICHEL:02:28PM 21Mr. Longoria, are you familiar with the areas in Precinct 02:28PM 22 Q.

48? 02:28PM 23Yes, I am. 02:28PM 24 A.



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Precinct 48? 02:28PM 1Yes. This is an area I'm very familiar with. Precinct 02:28PM 2 A.

48, this neighborhood right here (indicating), is a relatively 02:28PM 3new neighborhood. Higher end homes, primarily Anglo-speaking 02:28PM 4residents, or a disproportionate number or, actually, a higher 02:29PM 5number of Anglo residents, together with higher income homes. 02:29PM 6There's an ex-county judge that actually lives in that 02:29PM 7subdivision, or lived in that subdivision. Relatively new 02:29PM 8homes. 02:29PM 9

And can you describe the areas that are excluded? 02:29PM 10 Q.

The areas that are excluded are an area of McAllen that 02:29PM 11 A.

I'm very familiar with. My mother-in-law lives, actually, in 02:29PM 12this area right here (indicating), kind of in the middle. It 02:29PM 13started off in the colonia. It was called Colonia McAllen for 02:29PM 14years and years. It's one of the very first colonias in 02:29PM 15McAllen, and my mother-in-law lives there. There are several 02:29PM 16housing projects, together with lower end homes, smaller lots, 02:29PM 17primarily Hispanics. 02:29PM 18

Thanks. Mr. Longoria, you've provided some examples of 02:29PM 19 Q.

how lower income Hispanic areas were excluded under the enacted 02:29PM 20plan and higher income Anglo areas were included under the 02:29PM 21enacted plan. Are these all the examples that you could 02:30PM 22provide? 02:30PM 23

No. There are several other examples. There are several 02:30PM 24 A.

other examples on this map. What this map did is kind of an 02:30PM 25


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anomaly because, as I said earlier, the beauty of the district 02:30PM 1originally was that there was a mix, kind of a healthy mix, and 02:30PM 2what this map has done is it kind of destroys all of that, and 02:30PM 3packs the Anglo higher income areas into one district, and then 02:30PM 4it excludes the predominantly Hispanic areas, lower income, out 02:30PM 5of the district. So in my opinion, it's an anomaly. 02:30PM 6

Now, we've focused on particular precinct splits. In 02:30PM 7 Q.

terms of general areas, is the city of McAllen part of your 02:30PM 8current district? 02:30PM 9

Currently, yes, it is. 02:30PM 10 A.

MS. MICHEL: Torrey, can we show Precinct 97. 02:30PM 11JUDGE HOWELL: Can I stop you just one second to get some 02:30PM 12

orientation here? 02:30PM 13MS. MICHEL: Yes. 02:30PM 14JUDGE HOWELL: In this bigger map of District 41, about 02:31PM 15

how many different towns are reflected in -- on that map? 02:31PM 16Because I looked at that, and first I thought it was just maybe 02:31PM 17one town, but it's more than one town reflected on that. 02:31PM 18

THE WITNESS: Right. Kind of the area -- 02:31PM 19May I approach the -- 02:31PM 20JUDGE HOWELL: Yes. 02:31PM 21THE WITNESS: Is that okay? 02:31PM 22Primarily, the area outside here would be part of the city 02:31PM 23

of Mission. There's actually -- the city of Alton is here 02:31PM 24(indicating), so a small community that actually started off as a 02:31PM 25


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colonias as well, but incorporated recently. 02:31PM 1Up here to the north is the city of Edinburg, and a small 02:31PM 2

portion of this is the city of Edinburg. The city of McAllen is 02:31PM 3kind of the center. And then down to this corner and out to this 02:31PM 4side is the city of Pharr, P-H-A-R-R. 02:31PM 5

JUDGE HOWELL: Got it. 02:31PM 6BY MS. MICHEL:02:31PM 7

Mr. Longoria, while you're up there, can you show the 02:31PM 8 Q.

parts that are the city of McAllen? 02:31PM 9The city of McAllen is primarily this area here 02:32PM 10 A.

(indicating), and this is the part that was excluded. 02:32PM 11And would that be Precincts 96 and 75? 02:32PM 12 Q.

The Precincts 96 and 75 were previously in the existing 02:32PM 13 A.

plan, and the plan as it's proposed now, the enacted plan, takes 02:32PM 14these two out. 02:32PM 15

I go to church down here, along 23rd Street. 23rd Street 02:32PM 16is one on the major thoroughfares of McAllen. There's 23rd 02:32PM 17Street and 10th Street. They run parallel. This is the heart 02:32PM 18and soul of McAllen. This part of town is the Hispanic part of 02:32PM 19town, primarily lower income. 02:32PM 20

This is the wealthier, 2nd Street-10th Street area. Some 02:32PM 21of the most exclusive properties and the most valuable property 02:32PM 22in McAllen is around La Plaza Mall. Some of the highest 02:32PM 23grossing chains that we have in South Texas are actually in La 02:32PM 24Plaza Mall, and it's all the property around it, all the way to 02:32PM 25


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2nd Street, around the country club, very exclusive and very 02:33PM 1expensive Anglo areas. 02:33PM 2

This area is kind of the heart and soul of the barrio, 02:33PM 3and this is where you have the tortillerias and those kinds 02:33PM 4of -- 02:33PM 5

THE COURT REPORTER: That's where you have what? 02:33PM 6THE WITNESS: That's where people make tortillas and kind 02:33PM 7

of ethnic Mexican food. But this is heart and soul of McAllen. 02:33PM 8JUDGE GRIFFITH: What is the population of McAllen, 02:33PM 9

approximately? 02:33PM 10THE WITNESS: I'd say -- I don't know -- 150,000. 02:33PM 11JUDGE GRIFFITH: Okay, thanks. 02:33PM 12JUDGE COLLYER: If I could just summarize for the record. 02:33PM 13

The District 41 is kind of split up the center, with a white area 02:33PM 14that encompasses multiple precincts that are not included 02:33PM 15anymore, and it is the white precincts up the middle that are 02:33PM 16what the witness called the heart and soul of McAllen, and it's 02:33PM 17to the right or east that the wealthier areas that he described 02:33PM 18as having a high proportion of Anglo residents is. 02:34PM 19

MS. MICHEL: Thank you, Your Honor. 02:34PM 20BY MS. MICHEL:02:34PM 21

Mr. Longoria, again, using this map, can you please show 02:34PM 22 Q.

the colonias areas that are part of District 41. 02:34PM 23MR. SELLS: Your Honor, can I provide the witness a laser 02:34PM 24

pointer? It might speed things up. 02:34PM 25


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JUDGE COLLYER: Please. 02:34PM 1MR. KELLER: Your Honor, with permission, could I stand so 02:34PM 2

that I can see where the witness is pointing? 02:34PM 3JUDGE COLLYER: Yes. 02:34PM 4MR. KELLER: I appreciate it. 02:34PM 5

BY MS. MICHEL:02:34PM 6Now, Mr. Longoria, can you please describe where the 02:34PM 7 Q.

colonias areas are on the map? 02:34PM 8The existing District 41, as it is now, the colonias 02:34PM 9 A.

would be the areas immediately to the -- this is the city of 02:34PM 10Alton (indicating). It would be immediately to the west of the 02:34PM 11city of Alton, all the way over to this precinct, as it is in 02:35PM 12the district as it is now. 02:35PM 13

JUDGE COLLYER: And what precinct number is that? 02:35PM 14THE WITNESS: That would be 99. 02:35PM 15JUDGE COLLYER: Thank you. 02:35PM 16

BY MS. MICHEL:02:35PM 17And are there additional precincts that are colonia 02:35PM 18 Q.

areas? 02:35PM 19Right. It would be this Precinct 64 and this precinct to 02:35PM 20 A.

the north, which is 133. 02:35PM 21And are both precincts part of your current district? 02:35PM 22 Q.

Of the current district, yes, ma'am. 02:35PM 23 A.

And are they part of your current district under the 02:35PM 24 Q.

enacted plan? 02:35PM 25


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Under the enacted plan, all of these areas would be 02:35PM 1 A.

excluded, and they are primarily colonia areas. I know these 02:35PM 2areas really well because I spent a lot of time working 02:35PM 3projects, infrastructure projects in the these areas. As a 02:35PM 4matter of fact, I had a project that was just kind of off the 02:35PM 5map, but still within this precinct, right on the outside of the 02:35PM 6precinct, along Brush Line Road. And as it is now, all this 02:35PM 7area, all this colonias area, would be excluded under the 02:35PM 8enacted plan. 02:35PM 9

And what would be the impact on the community if -- 02:35PM 10 Q.

because of the elimination of these colonia areas from the 02:36PM 11district? 02:36PM 12

I would characterize that as devastating, because there's 02:36PM 13 A.

a number of years that we spent building relationships, not only 02:36PM 14among the legislators and the residents, but among the residents 02:36PM 15themselves, together with other members of the community. I 02:36PM 16call it like building a community of trust, where there's -- 02:36PM 17there may be different needs, but they come together for issues 02:36PM 18such as street lights, drainage improvements, water and waste 02:36PM 19water improvements, paving improvements. 02:36PM 20

And under this plan, it kind of destroys all of those 02:36PM 21relationships, and you go back to square one in having to 02:36PM 22rebuild all of that. 02:36PM 23

And -- thank you, Mr. Longoria. 02:36PM 24 Q.

The final precinct that I'll ask you to take a look at is 02:36PM 25


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Precinct 25. 02:36PM 1Torrey, can you pull up Precinct 25. 02:36PM 2Mr. Longoria, can you describe the area that is included 02:36PM 3

in Precinct 25? 02:37PM 4Precinct 25 is an area along highway 281 south. This is 02:37PM 5 A.

in the city of Pharr. It's primarily -- this area right here is 02:37PM 6primarily an area called the Plantation Country Club. 02:37PM 7

I'm sorry. The map moved. It's primarily this area 02:37PM 8right here (indicating). This area down in the southern end of 02:37PM 9it is the Plantation Country Club. That's an area where we have 02:37PM 10winter Texans that come in from the Midwest, and they come in 02:37PM 11and they would come in and spend three or four months -- spend 02:37PM 12the winter with us. A lot of them, though, retired -- I mean, a 02:37PM 13lot of them are retired, so they end up living, and living 02:37PM 14permanently in South Texas. So this area right here 02:37PM 15(indicating) would basically be about a -- almost a hundred 02:37PM 16percent Anglo. These are winter Texan parks, and they're 02:37PM 17prominent -- a lot of them become permanent residents and live 02:37PM 18there year round.02:37PM 19

And, Mr. Longoria, why have you come here to Washington, 02:37PM 20 Q.

D.C. to testify about the effect that this plan is going to have 02:38PM 21on your community? 02:38PM 22

The primary reason is I live in this community. My kids 02:38PM 23 A.

live here. My family lives here. I've lived here. My parents 02:38PM 24live there. This is an important -- this is an important place, 02:38PM 25


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where I live and spend my life. I go to church here. It's 02:38PM 1important that the people know that we've got -- that we have to 02:38PM 2continue the relationships that have existed for years, that 02:38PM 3have allowed us to move forward, and to help the residents in 02:38PM 4the colonias. That's a group that I've always been interested 02:38PM 5in assisting. 02:38PM 6

JUDGE COLLYER: Can I ask you: Has the population of this 02:38PM 7area increased dramatically? 02:38PM 8

THE WITNESS: Yes. There's been tremendous growth. 02:38PM 9JUDGE COLLYER: Okay. So do you happen to know what the 02:38PM 10

population of District 41 was under the old plan? 02:38PM 11THE WITNESS: No, ma'am. 02:38PM 12JUDGE COLLYER: Okay. Okay. So in the green area that is 02:38PM 13

now part of District 41, are there any areas that are 02:39PM 14predominantly Hispanic? 02:39PM 15

THE WITNESS: I would say, kind of -- there are parts of 02:39PM 16it in here that are predominantly Hispanic. The Valley in and of 02:39PM 17itself is -- there's quite a few Hispanics. But as I said 02:39PM 18earlier, the anomaly here is that there's been so many Anglo 02:39PM 19areas and higher income Anglo areas that have been packed into 02:39PM 20one district, it doesn't seem to be representative of Hidalgo 02:39PM 21County, or even the Valley as a whole. The Valley as a whole is 02:39PM 22a mix, and this seems to -- this seems to work its way into just 02:39PM 23being real exclusive. 02:39PM 24

JUDGE COLLYER: Okay. Thank you. 02:39PM 25


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MS. MICHEL: Thank you. I have no further questions. I 02:39PM 1pass the witness. 02:39PM 2

Thank you, Mr. Longoria.02:39PM 3MR. KELLER: Good afternoon, Your Honor. Ashley Keller, 02:40PM 4

again, for the state of Texas. 02:40PM 5CROSS-EXAMINATION OF JAIME LONGORIA02:39PM 6

BY MR. KELLER:02:39PM 7Hello, Mr. Longoria. You may remember, I deposed you a 02:40PM 8 Q.

couple of weeks ago in Houston. 02:40PM 9Yes, I do. 02:40PM 10 A.

It's nice to see you again, sir. 02:40PM 11 Q.

Likewise. 02:40PM 12 A.

Mr. Longoria, just to be clear, you had nothing to do 02:40PM 13 Q.

with the drawing of the map for District 41, correct? 02:40PM 14Correct. No, I didn't. 02:40PM 15 A.

And you have never spoken to any member of the Texas 02:40PM 16 Q.

legislature about their reason for drawing District 41 the way 02:40PM 17they have, correct? 02:40PM 18

Correct. 02:40PM 19 A.

You've never spoken to any member of the Texas 02:40PM 20 Q.

legislature staff who might have had involvement in drawing 02:40PM 21District 41 to determine why they drew the district the way they 02:40PM 22did, correct? 02:40PM 23


And you cannot comment on whether any particular interest 02:40PM 25 Q.


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group participated in drawing District 41 the way it appears on 02:40PM 1that map, correct? 02:41PM 2

Not interest groups, no. 02:41PM 3 A.

Mr. Longoria, you testified that you don't like the way 02:41PM 4 Q.

District 41 has been drawn in the enacted plan, right? 02:41PM 5I don't agree with the way it was put together. 02:41PM 6 A.

You don't agree with the way it was put together. And 02:41PM 7 Q.

part of the reason that you disagree with the way it was put 02:41PM 8together is because it moves Representative Gonzales out of 02:41PM 9District 41, correct? 02:41PM 10

MS. MICHEL: Objection, Your Honor. He did not testify to 02:41PM 11that, and so it's outside of the scope of his direct testimony. 02:41PM 12

JUDGE COLLYER: Well, it may not be directly within the 02:41PM 13scope of his testimony, but it is within the point of his 02:41PM 14testimony. 02:41PM 15

So I think you can ask the question on cross-examination. 02:41PM 16And you can say "yes" or "no," sir. 02:41PM 17

MR. KELLER: Thank you, Your Honor. 02:41PM 18BY MR. KELLER:02:41PM 19

Do you recall the question, Mr. Longoria? 02:41PM 20 Q.

Would you restate the question. I'm sorry. 02:41PM 21 A.

Part of the reason you don't like the way -- or you don't 02:41PM 22 Q.

approve of the way District 41 has been drawn in the enacted 02:42PM 23plan is because it moves Representative Gonzales' House outside 02:42PM 24of the district; is that correct? 02:42PM 25


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No, I wouldn't say that. It's -- I would say that 02:42PM 1 A.

it's -- the reason I don't like the plan is because it packs 02:42PM 2primarily the Anglo, higher income areas into one district. 02:42PM 3

So, the fact that Representative Gonzales will no longer 02:42PM 4 Q.

be representing the district has nothing to do with your 02:42PM 5opposition to the way that District 41 has been drawn? 02:42PM 6

Well, I mean, that would be one of the -- that would be 02:42PM 7 A.

one of the byproducts, I guess, of this plan. But if you -- you 02:42PM 8know, if your question would indicate that, you know, I'm upset 02:42PM 9that Representative Gonzales is not going to be -- you know, 02:42PM 10Representative Gonzales is not running, so it really doesn't 02:42PM 11make any difference at this point, I guess. 02:42PM 12

Mr. Longoria, is part of the reason that you don't like 02:42PM 13 Q.

the way that District 41 has been drawn in the enacted plan is 02:43PM 14that it would move Representative Peña's House into District 41? 02:43PM 15

No, I don't believe I've ever said that. 02:43PM 16 A.

Have you ever said that the reason that District 41 was 02:43PM 17 Q.

drawn the way it is is because it was custom made for 02:43PM 18Representative Peña to win re-election? 02:43PM 19

I said that it appears that way, that it was custom made 02:43PM 20 A.

for -- to guarantee that he would have the best chance, or 02:43PM 21someone, I believe, with his views would have that best chance. 02:43PM 22

And you don't approve of that, correct? 02:43PM 23 Q.

That would be something that I don't think would be -- 02:43PM 24 A.

that -- the district as it's drawn is an anomaly, as I said 02:43PM 25


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earlier. It's just something that is not even only unique. 02:43PM 1It's something that -- is an anomaly. And that's what I would 02:43PM 2characterize it as. 02:44PM 3

I understand that, Mr. Longoria. But part of the reason 02:44PM 4 Q.

you don't like the anomaly is because of Representative Peña, 02:44PM 5because you don't believe that Representative Peña is the 02:44PM 6Hispanic candidate of choice; isn't that correct? 02:44PM 7

Um, I guess, yeah. 02:44PM 8 A.

Do you know what Representative Peña thinks about 02:44PM 9 Q.

abortion? 02:44PM 10No, I don't. 02:44PM 11 A.

Do you know what Representative Peña's views are on 02:44PM 12 Q.

taxation? 02:44PM 13No, I don't. 02:44PM 14 A.

Do you know what Representative Peña's views are on 02:44PM 15 Q.

education policy? 02:44PM 16No, I don't. 02:44PM 17 A.

But you do know that Representative Peña has switched 02:44PM 18 Q.

from the democratic party to the republican party, correct? 02:44PM 19I know that. And that would be a -- I guess the product 02:44PM 20 A.

there, as I talked earlier about the community of trust, is 02:44PM 21Representative Peña switched party immediately after he was 02:44PM 22elected, and then changed all the party lines -- I mean all the 02:44PM 23boundaries to the precinct. And that built -- you know, in my 02:44PM 24experience with the Secretary of State's office, I recognize 02:44PM 25


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that these communities, as I talked earlier, the colonia 02:44PM 1communities, they're really suspicious about stuff, and they're 02:45PM 2really -- any time you start to move things like that, they -- 02:45PM 3it makes them nervous. 02:45PM 4

And I will tell you that I think that will have an effect 02:45PM 5on voter turnout, because residents -- you have precinct splits 02:45PM 6where you have neighborhoods that won't know where they're 02:45PM 7voting. There will be confusion. I think that causes some real 02:45PM 8serious concerns. 02:45PM 9

Are you finished, sir? 02:45PM 10 Q.

My question, though, Mr. Longoria, is whether 02:45PM 11Representative Peña switched to the republican party -- if 02:45PM 12that's the only thing you know that changed in his position, if 02:45PM 13that's the reason why he is no longer, in your view, the 02:45PM 14Hispanic candidate of choice? 02:45PM 15

I'm sorry. Ask the question again. I'm sorry. 02:45PM 16 A.

You don't know Representative Pena's view on any issue, 02:45PM 17 Q.

correct, except for the fact that he is now a republican instead 02:45PM 18of a democrat? 02:45PM 19

Right. 02:45PM 20 A.

And based solely on that information, you are of the 02:45PM 21 Q.

belief that Representative Peña is not the Hispanic candidate of 02:45PM 22choice? 02:45PM 23

Not just solely on that, no. 02:45PM 24 A.

Is Representative Peña the incumbent? 02:45PM 25 Q.


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That's hard to answer because the district is so 02:46PM 1 A.

different now, and I wouldn't say he would be the incumbent in 02:46PM 2this district. 02:46PM 3

Do you believe that Hispanics generally support 02:46PM 4 Q.

incumbents? 02:46PM 5Um, barring any major event, like -- yeah, generally, 02:46PM 6 A.

Hispanics would support an incumbent. 02:46PM 7MR. KELLER: Can I borrow the microphone so I can approach 02:46PM 8

the map? 02:46PM 9Your Honor, may I approach? 02:46PM 10JUDGE COLLYER: Yes. 02:46PM 11

BY MR. KELLER:02:46PM 12Mr. Longoria, do you know the racial or ethnic 02:46PM 13 Q.

composition of the individuals who live in this area 02:46PM 14(indicating), the white area outside of District 41 as it's been 02:46PM 15drawn in the enacted plan? 02:46PM 16

JUDGE COLLYER: Please tell us what precinct you're in so 02:46PM 17we know what you're talking about. 02:46PM 18

MR. KELLER: This looks to be precinct 62, Your Honor. 02:46PM 19JUDGE COLLYER: Precinct 62, which is -- is it split? 02:47PM 20MR. KELLER: There does appear to be a split, Your Honor. 02:47PM 21JUDGE COLLYER: Okay. So you want to know the part of -- 02:47PM 22

who lives in Precinct 62 that's in the white area? 02:47PM 23MR. KELLER: Correct. 02:47PM 24JUDGE COLLYER: Okay. 02:47PM 25


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JUDGE HOWELL: Since your back was blocking me, can you 02:47PM 1show me where you're pointing? So where are you looking? 02:47PM 2

MR. KELLER: I'm looking at the white area. 02:47PM 3JUDGE GRIFFITH: And when you say "white," you're talking 02:47PM 4

about white shaded area? 02:47PM 5MR. KELLER: Correct. The white shaded area. I'm not 02:47PM 6

trying to presume the answer to the question. 02:47PM 7JUDGE GRIFFITH: Okay. 02:47PM 8JUDGE COLLYER: Okay. This is really hard because -- just 02:47PM 9

try to get the record straight. 02:47PM 10So, Precinct 41 is shown on the map by light green 02:47PM 11

shading. This precinct -- no, not precinct -- District 41 -- 02:47PM 12precinct -- 02:47PM 13

What's the number again? 02:47PM 14MR. KELLER: Precinct 62. 02:47PM 15JUDGE COLLYER: Precinct 62 has some green and some white. 02:47PM 16Mr. Longoria, who lives in the white area? 02:47PM 17THE WITNESS: I would assume it would be mixed, kind of 02:47PM 18

like the rest of the Valley. 02:47PM 19BY MR. KELLER:02:48PM 20

But you don't know? 02:48PM 21 Q.

Not specifically. 02:48PM 22 A.

Mr. Longoria, do you know which individuals live in the 02:48PM 23 Q.

white shaded area in Precinct 105 to the northern part of the 02:48PM 24map, outside of the green shaded area in the exhibit that the 02:48PM 25


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Department of Justice has prepared? 02:48PM 1Show me. 02:48PM 2 A.

This area here, sir (indicating). 02:48PM 3 Q.

Part of that area would be agricultural area, I would 02:48PM 4 A.

assume, the area that doesn't have any street names or anything, 02:48PM 5that one square. I would say there's primarily -- as I 02:48PM 6testified earlier, primarily Hispanic middle income residents 02:48PM 7that would live in that area. 02:48PM 8

Are you presuming that, sir, or do you know? 02:48PM 9 Q.

No. I've actually driven that, so yes. 02:48PM 10 A.

And finally, Mr. Longoria, what about the area right here 02:48PM 11 Q.

(indicating), the white shaded area? This looks to be Precinct 02:48PM 1214. 02:48PM 13

You're looking at -- that's the area outside of I Road. 02:48PM 14 A.

That would be -- that would be primarily right outside of the 02:48PM 15city of Edinburg, right on the boundary between Pharr and 02:48PM 16McAllen. Primarily Hispanic. 02:49PM 17

Primarily Hispanic area? 02:49PM 18 Q.

Yes. 02:49PM 19 A.

I just have one final question for you, Mr. Longoria. Do 02:49PM 20 Q.

you believe that Representative Peña would know the race or 02:49PM 21ethnicity of the people who live directly across the street from 02:49PM 22his house? 02:49PM 23

He may or may not. I'm not sure. 02:49PM 24 A.

MR. KELLER: Thank you, Your Honor. I pass the witness. 02:49PM 25


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JUDGE COLLYER: Thank you. Is there any redirect? 02:49PM 1MS. MICHEL: No questions, Your Honor. 02:49PM 2JUDGE COLLYER: All right. Thank you, Mr. Longoria, for 02:49PM 3

coming. 02:49PM 4Do defendants have another witness? 02:49PM 5MR. MELLETT: We do, Your Honor. And Mr. Russ Nobile will 02:50PM 6

be able to -- 02:50PM 7MR. NOBILE: Hi, Your Honor. Russ Nobile on behalf of the 02:50PM 8

United States. 02:50PM 9At this time, we would like to call Representative Garnet 02:50PM 10

Coleman to the stand. 02:50PM 11JUDGE COLLYER: I'm sorry, sir. It's "Roscoe Bill"?02:50PM 12MR. NOBILE: Russ Nobile, N-O-B-I-L-E. 02:50PM 13JUDGE COLLYER: You see, I'm glad I asked. 02:50PM 14

(REPRESENTATIVE GARNET COLEMAN, DEFENDANTS' WITNESS IN THE 02:50PM 15CASE, SWORN) 02:50PM 16

DIRECT EXAMINATION OF REPRESENTATIVE GARNET COLEMAN02:50PM 17BY MR. NOBILE: 02:50PM 18

Good afternoon, Mr. Coleman. Could you please introduce 02:50PM 19 Q.

yourself to the Court. 02:50PM 20Yes, of course. Garnet Frederick Coleman from Houston, 02:50PM 21 A.

Texas, Harris County. 02:50PM 22How long have you lived in Harris County? 02:50PM 23 Q.

JUDGE COLLYER: Excuse me. How do you spell your first 02:51PM 24name? 02:51PM 25


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THE WITNESS: Garnet, like the stone, G-A-R-N-E-T. 02:51PM 1JUDGE COLLYER: Thank you. 02:51PM 2THE WITNESS: And Coleman like the lantern. 02:51PM 3JUDGE COLLYER: Isn't that nice? That sounds like a 02:51PM 4

Texan. 02:51PM 5Go ahead. 02:51PM 6

BY MR. NOBILE:02:51PM 7How long have you lived in Houston? 02:51PM 8 Q.

Approximately almost 50 years. 02:51PM 9 A.

Were you born there? 02:51PM 10 Q.

No. I was born here in the District of Columbia. 02:51PM 11 A.

Did you grow up in Houston? 02:51PM 12 Q.

Yes, I grew up in Houston. I lived in Houston, as I 02:51PM 13 A.

said, from almost 50 years. 02:51PM 14What do you do in Houston? 02:51PM 15 Q.

I'm chairman of the board and president and CEO of 02:51PM 16 A.

Apartments for America, which provides housing to people with 02:51PM 17limited incomes. 02:51PM 18

Do you do anything else? 02:51PM 19 Q.

Yes. I'm a member of the Texas House of Representatives. 02:51PM 20 A.

Where did you go to college? 02:51PM 21 Q.

I went to Howard University here in Washington, D.C., as 02:51PM 22 A.

well as a little bit at Texas A&M, Houston Community College, 02:51PM 23and I graduated from the University of St. Thomas in Houston, 02:52PM 24Texas. 02:52PM 25


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So you spent most of your life in Houston, correct? 02:52PM 1 Q.

Yes. 02:52PM 2 A.

What was it like growing up as an African-American in 02:52PM 3 Q.

Harris County? 02:52PM 4Well, in the -- in the days that I grew up, there were 02:52PM 5 A.

many problems that still weren't resolved in terms of racial 02:52PM 6circumstances. I was one of the first people to -- 02:52PM 7African-Americans to integrate River Oaks Elementary, with five 02:52PM 8other people from the neighborhood that I live in. And the 02:52PM 9first year I started driving a car, I was stopped 11 times in 02:52PM 10that first year, and -- clearly because of race, and had my 02:52PM 11trunk searched, car searched. It was -- we were still going 02:52PM 12through the remnants of change. 02:52PM 13

Okay. Let's turn to your time in politics. How long 02:52PM 14 Q.

have you been in politics, or politically active? 02:52PM 15Well, I started volunteering on campaigns when I was 15 02:52PM 16 A.

years old, knocking on doors and doing those kinds of things. 02:52PM 17And then I've been in the legislature since 1991, so I've been 02:53PM 18in the legislature 20 years. 02:53PM 19

Consistently? 02:53PM 20 Q.

Consistently. No breaks. 02:53PM 21 A.

Let's talk about your district. What district number are 02:53PM 22 Q.

you, again? 02:53PM 23District 147. It is a district that is -- its core is 02:53PM 24 A.

Third Ward, which is a historical black neighborhood, as well as 02:53PM 25


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Fourth Ward. It also has South Park, which is an 02:53PM 1African-American neighborhood, but also downtown, Montrose and 02:53PM 2other neighborhoods in Houston. And it was one of the districts 02:53PM 3that was created under the Voting Rights Act in 1972. 02:53PM 4

Do you know what the status of your district is under 02:53PM 5 Q.

Section 5 of the Voting Rights Act? 02:53PM 6It is a protected district under Section 5 of the Voting 02:53PM 7 A.

Rights Act. And I'm the third person to serve in this district 02:53PM 8since it was created. 02:53PM 9

Protected for what type of voters? 02:53PM 10 Q.

Protected for African-American voters. 02:54PM 11 A.

Okay. Let's turn our attention to the redistricting 02:54PM 12 Q.

process that's the subject of this litigation. Were you 02:54PM 13involved in the initial efforts to create a map for Harris 02:54PM 14County --02:54PM 15

Yes. 02:54PM 16 A.

-- regarding the House districting plan? 02:54PM 17 Q.

Yes, I was. Representative Senfronia Thompson and 02:54PM 18 A.

Representative Wayne Smith were the leads for both democrats and 02:54PM 19republicans on coming together on a map for Harris County. And 02:54PM 20what I did was help members who didn't have familiarity with the 02:54PM 21software, because I had a staff member that was pretty good at 02:54PM 22doing that, and so we helped them with drawing their districts 02:54PM 23that would be put -- that were a part of that 25. 02:54PM 24

Did the House leadership provide any initial guidance to 02:54PM 25 Q.


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the legislature about how to create the House districting plan? 02:54PM 1Yes, they did. They directed the county delegations to 02:54PM 2 A.

come together and try to draw a map that essentially was an 02:54PM 3incumbent protection map. And then once that map and each 02:55PM 4member agreed to their own district in that map, that map was 02:55PM 5turned in -- was to be turned into Chairman Solomons to be 02:55PM 6dropped into the statewide map.02:55PM 7

Did you receive any guidance personally? 02:55PM 8 Q.

Yes. I spoke with Chairman Solomons about his 02:55PM 9 A.

instructions to the various county delegations, and he 02:55PM 10reiterated that that was his intent. Again, you know, sometimes 02:55PM 11legislators can be like cats, and it's probably better if we 02:55PM 12just drive our own plan than someone trying to do that for us. 02:55PM 13

Was there any guidance specific about Harris County and 02:55PM 14 Q.

what the Harris County should look like? 02:55PM 15Yes. Chairman Solomons said on the floor that Harris 02:55PM 16 A.

County would be comprised of 25 members, and that was how he was 02:55PM 17going to draw Harris County or how Harris County would be 02:56PM 18dropped into the statewide map. 02:56PM 19

Did that procedure in Harris County ultimately follow the 02:56PM 20 Q.

guidance -- 02:56PM 21JUDGE COLLYER: How many members -- excuse me. How many 02:56PM 22

members did Harris County have before redistricting? 02:56PM 23THE WITNESS: 25. 02:56PM 24JUDGE COLLYER: So it's the same number? 02:56PM 25


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THE WITNESS: Same number. 02:56PM 1JUDGE COLLYER: Thank you. Excuse me. 02:56PM 2

BY MR. NOBILE:02:56PM 3And at the -- just for the benefit of the record, just at 02:56PM 4 Q.

the end of this redistricting process, how many districts did 02:56PM 5Harris County have? 02:56PM 6

24. 02:56PM 7 A.

At least in the proposed map? 02:56PM 8 Q.

At least in the proposed map. The proposed map by the -- 02:56PM 9 A.

that passed the legislature, and also in Chairman Solomons' map 02:56PM 10that went to the floor. 02:56PM 11

MR. NOBILE: For the benefit of the record, he's speaking 02:56PM 12about Plan H283 that's the subject of this litigation. 02:56PM 13BY MR. NOBILE:02:56PM 14

So you just testified that the -- let me present the 02:56PM 15 Q.

question again. 02:56PM 16Did the process ultimately follow Chairman Solomons' 02:56PM 17

guidance? 02:56PM 18No, it did not. 02:56PM 19 A.

Why not? 02:57PM 20 Q.

Because Representative Woolley came with a map that was a 02:57PM 21 A.

24-district map for Harris County, and that was the map that she 02:57PM 22turned in to Representative Solomons. 02:57PM 23

Let's start -- walk the Court through the entire process 02:57PM 24 Q.

in Harris County. How did the process initially begin in Harris 02:57PM 25


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County? 02:57PM 1Initially, as I said, Wayne -- Representative Wayne 02:57PM 2 A.

Smith -- Chairman Smith and Chairwoman Thompson brought a map 02:57PM 3forward to start working on, so members could look at their 02:57PM 4districts and determine how they wanted their district to look 02:57PM 5under a map -- under the map. 02:57PM 6

And I know -- for the benefit of the record, can you 02:57PM 7 Q.

provide the Court some guidance as to sort of the timeline for 02:57PM 8when this initial stage was occurring? 02:57PM 9

This was early April, when Ms. Thompson -- 02:57PM 10 A.

I'm sorry. When the initial efforts by Mr. Smith and 02:57PM 11 Q.

Mrs. Thompson -- 02:58PM 12This was early April -- late March, early April. And 02:58PM 13 A.

there were two maps, two paper maps that we had, and that they 02:58PM 14had delivered to the county delegation. 02:58PM 15

And you said "they." Who is "they"? 02:58PM 16 Q.

Ms. Thompson and Chairman Smith. 02:58PM 17 A.

And after the initial efforts to develop a redistricting 02:58PM 18 Q.

plan for Harris County, how did the process change? 02:58PM 19Well, the process changed in two ways. One, Chairman 02:58PM 20 A.

Smith and Chairwoman Thompson were working with the whole 02:58PM 21delegation, and the map that we were working on was a 25 map. 02:58PM 22The map that Ms. Woolley presented was worked on only by one 02:58PM 23segment of the delegation, and that was the republican segment 02:58PM 24of the delegation, and that map went from -- it was a 24 map. 02:58PM 25


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So that was the change in the process. The process then became 02:58PM 1closed. 02:59PM 2

Did this -- according -- did the process ultimately work 02:59PM 3 Q.

according to the procedure that Chairman Solomons suggested 02:59PM 4or -- 02:59PM 5

No.02:59PM 6 A.

-- provided? 02:59PM 7 Q.

And you just testified that Mr. Smith and Mrs. Thompson 02:59PM 8provided you a copy of their initial map; is that correct? 02:59PM 9

That is correct. 02:59PM 10 A.

How many districts were in that map? 02:59PM 11 Q.

25 districts. 02:59PM 12 A.

When did you discover that Ms. Woolley was working on a 02:59PM 13 Q.

map? 02:59PM 14I had heard that she was working on it, and I think that 02:59PM 15 A.

the day was the -- April 7th. Somewhere around April 6th or 02:59PM 167th. 02:59PM 17

And I'm sorry. For the benefit of the Court, who is 02:59PM 18 Q.

Mrs. Woolley? 02:59PM 19Okay. Ms. Woolley -- Representative Woolley is the 02:59PM 20 A.

speaker pro tem of the Texas House of Representatives. She's 02:59PM 21from Houston, Harris County, and has served in the legislature, 02:59PM 22I think, about 15 years. 03:00PM 23

Do you know how Ms. Woolley became in charge? 03:00PM 24 Q.

No, I do not. 03:00PM 25 A.


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Do you know when she became in charge? 03:00PM 1 Q.

No, I do not. 03:00PM 2 A.

Who else do you understand was working with Ms. Woolley? 03:00PM 3 Q.

What I understand is that Representative Bohac, Dwayne 03:00PM 4 A.

Bohac, who is a member of the Harris County delegation, 03:00PM 5Representative Murphy, Jim Murphy, who is a member of the Harris 03:00PM 6County delegation, and Mike Hall, who -- Mike Hall. 03:00PM 7

Who is Mr. Hall? 03:00PM 8 Q.

Mr. Hall is a lobbyist in Texas and has -- I believe 03:00PM 9 A.

lobbies for Texans for Lawsuit Reform. 03:00PM 10And for benefit of the Court, what districts are -- what 03:00PM 11 Q.

district is Mr. Bohac in, do you know? 03:00PM 12I think it's -- I'm sorry. We have 25 districts and I 03:00PM 13 A.

forget sometimes, but it's northwest Harris County. 03:00PM 14How about Mr. Murphy? 03:00PM 15 Q.

Mr. Murphy -- it's House District 133, which is west 03:00PM 16 A.

Harris County. 03:00PM 17And Mr. Callegari? 03:01PM 18 Q.

Mr. Callegari -- I believe he's 150, House District 150, 03:01PM 19 A.

and that is far northwest Harris County. Katy, Texas. 03:01PM 20And what party they are in? 03:01PM 21 Q.

They are republicans. 03:01PM 22 A.

Was her takeover of the process with respect to Harris 03:01PM 23 Q.

County, was this a part of any sort of formal designation or 03:01PM 24anything of that sort? 03:01PM 25


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No, not that I know of. 03:01PM 1 A.

Did Ms. Woolley or these others member that you just 03:01PM 2 Q.

mentioned ever meet with you to speak about your district or the 03:01PM 3Harris County map? 03:01PM 4

No, not prior to it being presented. You know, not prior 03:01PM 5 A.

to them giving it to Chairman Solomons or to any of the members. 03:01PM 6And you say prior -- giving it to Chairman Solomons or 03:01PM 7 Q.

the committee? 03:01PM 8To the committee. Prior to giving it to the committee. 03:01PM 9 A.

I had discussions after that, but not prior to -- no discussion 03:01PM 10on it when it was being developed. 03:01PM 11

So at the point that you saw it, it was complete? 03:01PM 12 Q.

It was drawn. 03:02PM 13 A.

As far as you know, did they meet with any other minority 03:02PM 14 Q.

members of the Harris County delegation? 03:02PM 15As far as I know, no. 03:02PM 16 A.

What about members that represent minority protected 03:02PM 17 Q.

districts under Section 5 of the Voting Rights Act? 03:02PM 18As far as I know, no.03:02PM 19 A.

When did you see Ms. Woolley's Harris County map? 03:02PM 20 Q.

Again, on April -- I believe it was April the 7th. And 03:02PM 21 A.

we got a copy from the Legislative Council.03:02PM 22And how did you react? 03:02PM 23 Q.

I was very upset and, quite frankly chagrined, number 03:02PM 24 A.

one, because we went to 24 seats, and number two, and more 03:02PM 25


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importantly, there were two members who were paired under that 03:02PM 124 map, and the pairing of those members meant that a district 03:02PM 2that was protected under the Voting Rights Act was being 03:02PM 3eliminated. 03:02PM 4

You're speaking of two pairs -- or two districts that got 03:02PM 5 Q.

paired together. Can you name the districts, please. 03:03PM 6Yes. House District 149, which is represented by Hubert 03:03PM 7 A.

Vo, and House district 137, represented by Scott Hochberg. 03:03PM 8And do you know what their status is under the Voting 03:03PM 9 Q.

Rights Act? 03:03PM 10The House District 137 is a protected district under the 03:03PM 11 A.

Voting Rights Act in preclearance filings by the Attorney 03:03PM 12General in 2001. It was designated -- they said that that was a 03:03PM 13created Latino district. And House District 149, for all 03:03PM 14practical purposes, is a coalition district, based on 03:03PM 15nonpartisan elections, where people came together to elect -- 03:03PM 16the same people came to elect Hubert Vo. 03:03PM 17

Do these districts border yours? 03:03PM 18 Q.

No, they don't. 03:03PM 19 A.

Then why are you so concerned? 03:03PM 20 Q.

Well, I'm concerned because I represent the same people 03:04PM 21 A.

who have -- the same people who have the same needs, and it's 03:04PM 22very important that folks have -- be able to elect the person 03:04PM 23that will actually do something about the challenges that they 03:04PM 24have. And that's something that is very, very important to me. 03:04PM 25


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For the benefit of the Court, has this issue with respect 03:04PM 1 Q.

to 24 districts or 25 districts in Harris County ever come up 03:04PM 2prior to this redistricting process? 03:04PM 3

Yes, it did, in 2001. 03:04PM 4 A.

And what happened? 03:04PM 5 Q.

Well, what happened was the map that was passed off the 03:04PM 6 A.

floor of the House contained 24 seats in Harris County. 03:04PM 7Did you vote for that map? 03:04PM 8 Q.

Yes, I did. 03:04PM 9 A.

And what ultimately happened? 03:04PM 10 Q.

What ultimately happened is the map that was passed by 03:04PM 11 A.

the Legislative Redistricting Board had 25 seats, and so that's 03:05PM 12the current configuration, which was based on the Legislative 03:05PM 13Redistricting Board map. 03:05PM 14

Did you support the 25 district map that came out of the 03:05PM 15 Q.

Legislative Redistricting Board? 03:05PM 16Yes, I did. 03:05PM 17 A.

Why did you change your view? 03:05PM 18 Q.

Well, I changed my view primarily because it appears as 03:05PM 19 A.

if there would be a loss of a district that was protected under 03:05PM 20the Voting Rights Act, and that was extremely important. And 03:05PM 21then I thought it would hurt Harris County to have 24 seats. 03:05PM 22And it -- and that was the final -- we knew that was the final 03:05PM 23arbiter, the LRB, of what kind of map it would be. 03:05PM 24

Let's turn our attention back to this decade's 03:05PM 25 Q.


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redistricting. You mentioned that you sent a letter when you 03:05PM 1first saw Ms. Woolley's map, correct? 03:05PM 2


I would like the record to reflect that I am putting up 03:05PM 4 Q.

on the screen Exhibit Number 7, Defense Exhibit Number 7. 03:05PM 5Mr. Coleman, do you recognize what is appearing on the 03:06PM 6

screen here? 03:06PM 7Yes. 03:06PM 8 A.

What is it? 03:06PM 9 Q.

It's the letter I sent to Beverly Woolley, Wayne Smith 03:06PM 10 A.

and Senfronia Thompson and Carol Alvarado and all of the members 03:06PM 11of the Harris County delegation.03:06PM 12

Did you write this? 03:06PM 13 Q.

I didn't write it. My staff member wrote it, but I 03:06PM 14 A.

dictated it. 03:06PM 15Does the copy that's being published on the ELMO right 03:06PM 16 Q.

now appear to be a fair and accurate representation of that 03:06PM 17letter? 03:06PM 18

Yes, it does. 03:06PM 19 A.

Who did you send this letter to? 03:06PM 20 Q.

Again, I sent it to Ms. Woolley, Ms. Smith, Ms. Thompson, 03:06PM 21 A.

Carol Alvarado and all of the members of the Harris County 03:06PM 22delegation. 03:06PM 23

How did you deliver it?03:06PM 24 Q.

It was hand-delivered. 03:06PM 25 A.


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What happened to the map that Ms. Woolley prepared? 03:06PM 1 Q.

Well, the map that Ms. Woolley prepared was -- 03:06PM 2 A.

Let me be a little bit more specific for the benefit of 03:07PM 3 Q.

the Court. 03:07PM 4What happened to the redistricting plan for Harris County 03:07PM 5

that Ms. Woolley and her group prepared? 03:07PM 6With some minor changes, it was dropped into the map that 03:07PM 7 A.

Chairman Solomons passed out of his committee. 03:07PM 8And when you say "his committee," you're talking about 03:07PM 9 Q.

the Redistricting Committee? 03:07PM 10Yes, the Redistricting Committee. 03:07PM 11 A.

So her map got incorporated in the Redistricting 03:07PM 12 Q.

Committee, with some minor changes? 03:07PM 13That's correct. 03:07PM 14 A.

Do you remember the number of that map or plan that you 03:07PM 15 Q.

mentioned? 03:07PM 16I think it was H- -- H153. 03:07PM 17 A.

And that's for the statewide map? 03:07PM 18 Q.

That's the statewide map, correct. 03:07PM 19 A.

What happened after the committee approved Plan H153? 03:07PM 20 Q.

After the committee approved Plan H153, then, of course, 03:07PM 21 A.

that plan was coming to the floor, where there were meetings -- 03:07PM 22Harris County delegation meetings over the number of districts 03:07PM 23that would be in Harris County. 03:08PM 24

Do any of these meetings come to mind? Do you 03:08PM 25 Q.


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remember -- 03:08PM 1Oh, yeah. We had a meeting on April 13th at 9:30 a.m. in 03:08PM 2 A.

the speaker's dining room, which is this room right off of his 03:08PM 3office, and -- to particularly discuss 24, 25. 03:08PM 4

Who attended this meeting? 03:08PM 5 Q.

Most of the members of the Harris County delegation, and 03:08PM 6 A.

so, you know, Ms. Woolley, Mr. Callegari, myself and other 03:08PM 7members of the Harris County delegation. 03:08PM 8

And who called this meeting? 03:08PM 9 Q.

This meeting was called by Ms. Woolley, Mr. Callegari, 03:08PM 10 A.

and requested by Ms. Alvarado. 03:08PM 11What was the atmosphere of the minority members that 03:08PM 12 Q.

attended this meeting? 03:08PM 13First of all, it was very tense, and, you know -- and 03:08PM 14 A.

people were angry because the process wasn't followed, and it 03:08PM 15was -- you have to think about, this is late in the session, in 03:09PM 16the morning, 9:30, before we went on the floor. And this was a 03:09PM 17very, very, very tense meeting. 03:09PM 18

At this meeting, did you raise the objections that you 03:09PM 19 Q.

referenced in your letter just now? 03:09PM 20Yes, I did. I raised them to the whole delegation and 03:09PM 21 A.

directly to Ms. Woolley. 03:09PM 22And just for the benefit of the Court, what were those 03:09PM 23 Q.

objections, again? 03:09PM 24The objections were the pairing of Mr. Vo and 03:09PM 25 A.


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Mr. Hochberg, and that, in my thoughts -- what I know about some 03:09PM 1of this stuff, that it violated the Voting Rights Act in terms 03:09PM 2of removing the district, and also going from 25 to 24 was in 03:09PM 3particular -- both were issues. And the process changed. 03:09PM 4

Let me ask you, did you raise your objection to 03:09PM 5 Q.

Representative Woolley at all? 03:10PM 6Oh, yes, I did. I mean directly to Representative 03:10PM 7 A.

Woolley. I continued to raise an objection to Representative 03:10PM 8Woolley. But in that meeting directly, me and Ms. Woolley 03:10PM 9talking directly with each other, loud, in front of the whole 03:10PM 10room. 03:10PM 11

How did the conversation end?03:10PM 12 Q.

It ended this way. Ms. Woolley said to me, she said, "If 03:10PM 13 A.

we had 25 seats" -- first, she said, "Y'all's districts are 03:10PM 14protected." And in the context of that, she was looking at me, 03:10PM 15saying -- and the group of members, "Y'all's districts are 03:10PM 16protected. If we have 25 seats, the districts that -- 03:10PM 17basically, that we represent would disappear, based on the 03:10PM 18reduction in the number of Anglos across Harris County." 03:10PM 19

And she was very, very clear about that. And I was taken 03:10PM 20aback, because, you know, again, this directly affected 03:10PM 21districts of color currently that were protected, and might in 03:11PM 22the future. 03:11PM 23

JUDGE COLLYER: I'm not sure I understood. When she said, 03:11PM 24"Y'all's districts are protected, and" -- was she saying, in 03:11PM 25


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essence, "The districts of minorities are protected. We're 03:11PM 1white. Our districts are not protected. If there are 25 seats, 03:11PM 2we won't be here"? 03:11PM 3

THE WITNESS: Basically, yes, because the way it works out 03:11PM 4is the people that were sitting in that room -- already two 03:11PM 5minority districts, one was being taken away. But as you -- as 03:11PM 6everybody knows, the growth in Harris County, the Latino 03:11PM 7growth -- and over the decade, if the Latino growth continues the 03:11PM 8way it is, there won't be any Anglo districts left -- Anglo 03:11PM 9republican districts left. 03:12PM 10

And in the context, she was saying -- and this is the way 03:12PM 11I saw it -- that your district is going to be there, Garnet, 03:12PM 12because you're protected under the Voting Rights Act, you and the 03:12PM 13rest of "y'all's" districts are going to be there, including 03:12PM 14Scott Hochberg, who is not of color, but he was representing 03:12PM 15District 137, which was protected, in that -- because of that, 03:12PM 16the population growth, the districts that republicans -- the 03:12PM 17republicans and Anglos represent will go away. 03:12PM 18

JUDGE COLLYER: Had the population in Harris County grown 03:12PM 19or shrunk over the last decade? 03:12PM 20

THE WITNESS: Grown. 03:12PM 21JUDGE COLLYER: So why did it go from 25 to 24 districts? 03:12PM 22THE WITNESS: Well, I don't think it should have. The 03:12PM 23

percentage -- well, the percentage of districts in 2001 in the 03:12PM 24Legislative Redistricting Board plan, it was like a .0- -- it was 03:13PM 25


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like 24.06 or .6, and this, it was 24.41. And so in the 03:13PM 1scheme -- it was rounded up in 2001 and, again, we had 24 seats. 03:13PM 2And the variance between those two -- that number was negligible. 03:13PM 3

JUDGE COLLYER: Now, we're back to -- now I remember this. 03:13PM 4Okay. Thank you. 03:13PM 5

JUDGE GRIFFITH: And for the record -- not to correct my 03:13PM 6colleague, it wasn't "your all's." It's "y'all's." I just want 03:13PM 7to make it clear on the record on that. 03:13PM 8

JUDGE COLLYER: I really apologize to everybody from 03:13PM 9Texas. 03:13PM 10BY MR. NOBILE:03:13PM 11

For the benefit of the record, in '01, Texas was entitled 03:13PM 12 Q.

to 24.46 districts, and in 2010, they were entitled to 24.41, 03:13PM 13so -- 03:13PM 14

JUDGE COLLYER: I finally connected those two pieces of 03:13PM 15information, because that one came in a little earlier. Thank 03:14PM 16you, sir. 03:14PM 17

Thank you, sir. 03:14PM 18THE WITNESS: You're welcome. 03:14PM 19

BY MR. NOBILE:03:14PM 20What did you say next after this comment was made by 03:14PM 21 Q.

Ms. Woolley? 03:14PM 22Well, you know, I said to Beverly, you know, "This is 03:14PM 23 A.

really not a fair process in that, again, this has -- presents 03:14PM 24problems for -- under the Voting Rights Act for the members in 03:14PM 25


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Harris County," and also that -- because it deviates from the 03:14PM 1process. 03:14PM 2

And the process -- yeah, it's an incumbent protection 03:14PM 3plan. That's the process. You know, y'all get together and 03:14PM 4protect -- and draw this map that you individually believe is 03:14PM 5good -- that district is good for your future. 03:14PM 6

When you said that, you seemed like you were 03:14PM 7 Q.

paraphrasing. You said, "Y'all get together." Who were you 03:14PM 8paraphrasing? 03:14PM 9

Beverly -- I'm sorry. Please repeat the question. 03:14PM 10 A.

Well, I won't repeat it, because it's just too leading. 03:15PM 11 Q.

Ultimately, what happened to this map that came out of 03:15PM 12Harris County that went into the redistricting committee's map, 03:15PM 13that was approved by the redistricting committee? What happened 03:15PM 14to Harris County? 03:15PM 15

That map remained in the -- the whole map remained 24, 03:15PM 16 A.

and there were some minor adjustments made to it, and it was 03:15PM 17passed by the whole legislature. 03:15PM 18

And when you say "passed by the whole legislature," being 03:15PM 19 Q.

Plan H283? 03:15PM 20Meaning Plan H283. What I mean is the -- the House -- 03:15PM 21 A.

the map as passed by the Texas House of Representatives, the map 03:15PM 22that was passed by the Texas Senate, and the map that was sent 03:15PM 23to the governor. 03:15PM 24

MR. NOBILE: Mr. Coleman, I have no further questions for 03:15PM 25


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you at this time. Mr. Mortara will have some questions for you 03:15PM 1on cross. 03:15PM 2

THE WITNESS: Thank you very much. 03:15PM 3CROSS-EXAMINATION OF REPRESENTATIVE GARNET COLEMAN03:15PM 4

BY MR. MORTARA: 03:15PM 5Hello again, Representative Coleman. We met a few days 03:16PM 6 Q.

ago; is that right? 03:17PM 7That's correct. 03:17PM 8 A.

When I took your deposition? 03:17PM 9 Q.

That's correct. 03:17PM 10 A.

Good to see you again. 03:17PM 11 Q.

Good to see you as well. 03:17PM 12 A.

Now, you talked a lot about the -- your views on the 03:17PM 13 Q.

Voting Rights Act in your direct testimony, right? 03:17PM 14Yes, I did. 03:17PM 15 A.

You're not a lawyer, are you? 03:17PM 16 Q.

No, I'm not. 03:17PM 17 A.

And you're not an expert in voting rights law? 03:17PM 18 Q.

No, I'm not. 03:17PM 19 A.

And you talked a lot about a concept called a pairing of 03:17PM 20 Q.

incumbents with respect to Mr. Hochberg and Mr. Vo. 03:17PM 21Do you remember that? 03:17PM 22That's correct. 03:17PM 23 A.

In the legislatively passed map H283, how many incumbent 03:17PM 24 Q.

pairings are there? 03:17PM 25


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The whole map, there are probably a good bunch, I know. 03:17PM 1 A.

But I just know in Harris County, there are two. I can't give 03:17PM 2you the -- the total number of pairings in the statewide map. 03:17PM 3

And out that have whole bunch, how many pairings of 03:17PM 4 Q.

democrats are there? 03:17PM 5I know that there's the pairing of Mr. Vo and 03:17PM 6 A.

Mr. Hochberg. I don't know the total number of democratic 03:17PM 7pairings. 03:17PM 8

Did you vote for Speaker Straus? 03:17PM 9 Q.


Speaker Straus is a republican, correct? 03:18PM 11 Q.

Yes, he is. 03:18PM 12 A.

You were part of a coalition of democrats and republicans 03:18PM 13 Q.

that elected Speaker Straus? 03:18PM 14Yes, I was. I was one of the leaders. 03:18PM 15 A.

And you hold Speaker Straus in high regard? 03:18PM 16 Q.

Yes, I do. 03:18PM 17 A.

And do you regard Speaker Straus as a man who listens to 03:18PM 18 Q.

all corners of the Texas House with an equal ear? 03:18PM 19Most of the time. 03:18PM 20 A.

MR. MORTARA: Your Honor, may I approach? 03:18PM 21JUDGE COLLYER: Yes. 03:18PM 22

BY MR. MORTARA:03:18PM 23Mr. Coleman, I handed you a copy of your deposition. And 03:18PM 24 Q.

if you could turn to page 12 -- this is a deposition of you I 03:18PM 25


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took just a few days ago -- at line 19: 03:18PM 1"Question: Do you regard Speaker Straus as a man who 03:18PM 2

listens to all corners of the Texas House of Representatives 03:18PM 3with an equal ear? 03:19PM 4

"Answer: Yes." 03:19PM 5Was that your sworn testimony? 03:19PM 6That was my testimony. And I'm being a little facetious 03:19PM 7 A.

because, as time goes on -- no, I believe he really listens to 03:19PM 8everyone. 03:19PM 9

Do you believe chairman Burt Solomons to be a man of 03:19PM 10 Q.

integrity? 03:19PM 11Yes. 03:19PM 12 A.

Do you trust Chairman Burt Solomons? 03:19PM 13 Q.

In a collegial way, of course. 03:19PM 14 A.

Mr. Coleman, could you please turn to page 34 of your 03:19PM 15 Q.

deposition. And at line 14: 03:19PM 16"Question: Do you trust Chairman Solomons? 03:19PM 17"Answer: Yeah." 03:19PM 18Was that your sworn testimony? 03:19PM 19Yes. 03:19PM 20 A.

Do you believe Chairman Solomons to harbor any racial 03:19PM 21 Q.

animus toward any minority group? 03:19PM 22Not that I've ever experienced, no. 03:19PM 23 A.

In 2001, the legislature failed to pass redistricting 03:19PM 24 Q.

maps for the House and the Senate, correct? 03:20PM 25


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And as a result of the failure of the Texas legislature 03:20PM 2 Q.

to pass those maps, the Legislative Redistricting Board 03:20PM 3activated, right? 03:20PM 4

That's correct.03:20PM 5 A.

Who was in charge of the Texas House in 2001? 03:20PM 6 Q.

Representative Pete Laney. 03:20PM 7 A.

And what party was he? 03:20PM 8 Q.

He's a democrat. 03:20PM 9 A.

And what was the majority party in the Texas House in 03:20PM 10 Q.

2001? 03:20PM 11Democratic. Most of the members were democrats. 03:20PM 12 A.

And in 2011, the Legislative Redistricting Board was not 03:20PM 13 Q.

necessary, right? 03:20PM 14No, it was not. 03:20PM 15 A.

Now, you talked a little bit about the transition from 03:20PM 16 Q.

Ms. Woolley's Harris County map to the final map, H283? 03:20PM 17Um-hmm. 03:20PM 18 A.

And you skipped a few steps, didn't you? 03:20PM 19 Q.

No, I didn't. I didn't -- I answered the question, but I 03:20PM 20 A.

didn't skip steps in terms -- if you want to talk about more 03:20PM 21specifics, we can, yes. 03:20PM 22

Sure. Let's talk about some amendments. You offered 03:20PM 23 Q.

some amendments on the floor on the House, right? 03:20PM 24Yes, I did. 03:20PM 25 A.


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You and Ms. Woolley, in fact, worked together on an 03:20PM 1 Q.

amendment; isn't that right? 03:21PM 2There was an amendment that Ms. Woolley brought to the 03:21PM 3 A.

floor that had changes to my district, and I agreed to those 03:21PM 4changes. 03:21PM 5

Isn't it, in fact, the way it happened is that the Harris 03:21PM 6 Q.

County map was being discussed on the floor, and you had some 03:21PM 7problems with it, and Speaker Straus stopped the floor activity 03:21PM 8for several hours while you and your colleagues in the Harris 03:21PM 9County delegation could work out your issues? 03:21PM 10

It's a fact that my colleagues worked out an issue in an 03:21PM 11 A.

office. I went to my office and was there for probably two and 03:21PM 12a half hours. 03:21PM 13

Isn't it true that some republican members actually 03:21PM 14 Q.

helped you convince Speaker Straus to consider your amendment? 03:21PM 15Yes, it is true. 03:21PM 16 A.

And did the republicans have to stop everything for three 03:21PM 17 Q.

hours to consider your concerns and other minority legislators' 03:21PM 18concerns about the Harris County map? 03:21PM 19

They stopped for three hours to consider concerns about 03:21PM 20 A.

how districts were drawn, based on the map that Ms. Woolley had 03:21PM 21brought forward that had no issue dealing with how the map was 03:22PM 22drawn in terms of the Voting Rights Act. 03:22PM 23

Would you please turn to page 58 of your deposition, sir. 03:22PM 24 Q.

Sure. 03:22PM 25 A.


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"Question: Did the republicans have to stop everything 03:22PM 1 Q.

for three hours to consider your concerns and other minority 03:22PM 2legislators' concerns about the Harris County map? 03:22PM 3

"Answer: No."03:22PM 4Was that your sworn testimony just a few days ago? 03:22PM 5They didn't have to stop. They didn't have to, no, they 03:22PM 6 A.

didn't have to. That is my sworn testimony, that they didn't 03:23PM 7have to. 03:23PM 8

On the House floor, you offered a statewide alternative 03:23PM 9 Q.

to the pending plan, correct? 03:23PM 10That's correct. 03:23PM 11 A.

I'm going to show you the transcript from the floor. Is 03:23PM 12 Q.

that okay? 03:23PM 13That's fine. 03:23PM 14 A.

And here you see on the screen page S249 of Plaintiff's 03:23PM 15 Q.

Exhibit 43, which is the transcript of the floor debate. And 03:23PM 16here you have: "Coleman substitute: Fair and legal 03:23PM 17representation for all Texas communities." 03:23PM 18

Do you see that? 03:23PM 19Yes, I do. 03:23PM 20 A.

This is a discussion of your proposed alternative 03:23PM 21 Q.

statewide map? 03:23PM 22Yes, it is. 03:23PM 23 A.

And in your statewide alternative map, you say here what 03:23PM 24 Q.

the opportunity districts are. 03:23PM 25


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Do you see that? 03:23PM 1Yes. 03:23PM 2 A.

And under "Coleman," you have some numbers listed there, 03:24PM 3 Q.

correct? 03:24PM 4Yes. 03:24PM 5 A.

And no different from Chairman Solomons, you looked at 03:24PM 6 Q.

the percentage of the population that had a Spanish surname 03:24PM 7voter registration in the district to determine whether it was a 03:24PM 8Latino opportunity district, right? 03:24PM 9


We talked a lot during this trial so far about different 03:24PM 11 Q.

maps and issues with maps, and you had your own map, right, the 03:24PM 12statewide alternative? 03:24PM 13


And you're aware that in some places in the adopted House 03:24PM 15 Q.

map, precincts are split by new district lines, right? 03:24PM 16Yes. I mean, that occurs. 03:24PM 17 A.

Sometimes it's necessary to split precincts when you're 03:24PM 18 Q.

drawing new maps? 03:24PM 19That's correct. 03:24PM 20 A.

In fact, split precincts are done all the time? 03:24PM 21 Q.

Generally, yes. 03:24PM 22 A.

I would like to talk about your statewide alternative 03:24PM 23 Q.

now. 03:24PM 24MR. MORTARA: And, Your Honor, I'm showing on the screen 03:25PM 25


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district viewer, but we will be marking as we go along. 03:25PM 1JUDGE COLLYER: All right. 03:25PM 2

BY MR. MORTARA:03:25PM 3Representative Coleman, you can see at the top right of 03:25PM 4 Q.

the screen, it says "Plan H232, Representative Coleman, 03:25PM 5statewide substitute." 03:25PM 6

Do you see that? 03:25PM 7Yes, sir. 03:25PM 8 A.

This is your proposed statewide alternative that we were 03:25PM 9 Q.

just talking about? 03:25PM 10Yes, sir. 03:25PM 11 A.

We're going to zoom in on Harris County. And there you 03:25PM 12 Q.

see your district, correct, 147? 03:25PM 13Yes, sir. 03:25PM 14 A.

And I'm going to zoom in on the bottom of your district. 03:25PM 15 Q.

Now, I'm going to turn on the precinct view. 03:25PM 16And do you see here, in the bottom of your district -- 03:26PM 17MR. NOBILE: Your Honor, the United States would like to 03:26PM 18

object. This is going beyond the scope. We didn't get into 03:26PM 19split precincts with Mr. Coleman. I've indulged him as he's gone 03:26PM 20on about his proposed plan, but at this point Mr. Coleman has not 03:26PM 21testified at all about precincts. 03:26PM 22

JUDGE COLLYER: I agree with that. He hasn't. Do you 03:26PM 23have much of this? 03:26PM 24

MR. MORTARA: I would like to point out the number of 03:26PM 25


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precinct splits in two districts and Mr. Coleman's -- 03:26PM 1JUDGE COLLYER: Mr. Coleman hasn't testified about 03:26PM 2

precinct splits. 03:26PM 3MR. MORTARA: He did offer a statewide alternative on the 03:26PM 4

floor, Your Honor, and he said he was dissatisfied with the 03:26PM 5process. The statewide alternative he offered and its difference 03:26PM 6from the legislative map are important. 03:26PM 7

MR. NOBILE: But he's talking about substantive changes, 03:26PM 8Your Honor -- 03:26PM 9

JUDGE COLLYER: Right. 03:26PM 10MR. NOBILE: -- not procedural issues. 03:26PM 11JUDGE COLLYER: This is -- I mean, the objection -- I'm 03:26PM 12

not making arguments for anybody, but I thought his concern was 03:26PM 13the pairing of minorities to run against each other, but more, 03:27PM 14the process adopted whereby Representative Woolley came forward. 03:27PM 15That doesn't have anything to do with precinct splitting. 03:27PM 16

MR. MORTARA: Perhaps I could ask a question of 03:27PM 17Mr. Coleman that would clarify this. 03:27PM 18

JUDGE COLLYER: Okay. 03:27PM 19BY MR. MORTARA:03:27PM 20

Representative Coleman, you don't think that splitting 03:27PM 21 Q.

precincts hurts minority voters in any way? 03:27PM 22I think in any community where there are people who are 03:27PM 23 A.

together, that's a principle of keeping them together. I think 03:27PM 24that in terms of redistricting principles, the most important 03:27PM 25


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thing is to follow through with making sure that people can 03:27PM 1represent the people -- can vote for the people of their choice. 03:27PM 2

And you don't have any problem with the number of 03:27PM 3 Q.

precinct split in the proposed legislative map -- you don't have 03:27PM 4any problem with precincts split in that map, and its effect on 03:27PM 5minority voters? 03:27PM 6

I said -- 03:27PM 7 A.

JUDGE COLLYER: I'm sorry. This is well beyond anything 03:27PM 8that he has testified to. 03:28PM 9

MR. MORTARA: I'll move on, Your Honor. 03:28PM 10JUDGE COLLYER: Okay. 03:28PM 11

BY MR. MORTARA:03:28PM 12You talked about a conversation you had with Beverly 03:28PM 13 Q.

Woolley. Do you remember that? 03:28PM 14Yes, sir. 03:28PM 15 A.

A heated conversation? 03:28PM 16 Q.

Yes, sir. 03:28PM 17 A.

And I want to put on the screen your declaration in this 03:28PM 18 Q.

matter, because you used somewhat different words between your 03:28PM 19direct testimony and your declaration to describe the 03:28PM 20conversation. 03:28PM 21

On direct, I wrote down what you said. You -- on direct, 03:28PM 22you definitely said that Beverly Woolley used the word "Anglo" 03:28PM 23when she was talking to you. 03:28PM 24

Do you remember that? 03:28PM 25


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I -- I don't. I was reacting to the context of what I 03:28PM 1 A.

believed her to mean. 03:28PM 2I'm putting on the screen your declaration that you filed 03:28PM 3 Q.

in this matter not too long ago, paragraphs 10 and 11. And it 03:29PM 4says: 03:29PM 5

"During that meeting, Representative Woolley told a group 03:29PM 6of minority representatives that she had drawn the map that she 03:29PM 7had because of, in approximately her words, "You all are 03:29PM 8protected by the Voting Rights Act and we are not." 03:29PM 9

Is this a description of the conversation you testified 03:29PM 10about on direct? 03:29PM 11

It's a description of the conversation that I testified 03:29PM 12 A.

about, and what she basically said. I mean, she said -- that's 03:29PM 13what she said. 03:29PM 14

Mr. Coleman, as a matter of fact, Representative Woolley 03:29PM 15 Q.

never used the word "Anglo" or "white," did she? 03:29PM 16No, she didn't. And that's in the deposition. 03:29PM 17 A.

And the statement that Ms. Woolley is making, that you're 03:29PM 18 Q.

here reporting in your declaration, that you talked about on 03:29PM 19direct -- "You all are protected by the Voting Rights Act and we 03:29PM 20are not" -- that's a true statement, correct? 03:29PM 21

Yes, that is a true statement. 03:29PM 22 A.

Are there any republicans in Harris County that are not 03:29PM 23 Q.

Anglos? 03:29PM 24No. 03:29PM 25 A.


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Mr. Coleman, it's your belief that Representative Woolley 03:29PM 1 Q.

decided that Harris County would have 24 districts instead of 03:30PM 225? 03:30PM 3

That's the map she drew, so I can only go by what she 03:30PM 4 A.

drew. 03:30PM 5Did you ever consult the experts at the Texas Legislative 03:30PM 6 Q.

Council on their views on whether Harris County should have 24 03:30PM 7districts or 25? 03:30PM 8

No, I did not. 03:30PM 9 A.

Do you know why or why not the LRB plan from 2000 that 03:30PM 10 Q.

had 25 districts was not successfully challenged in court on 03:30PM 11that matter? 03:30PM 12

No, I don't. 03:30PM 13 A.

MR. MORTARA: No more questions. 03:30PM 14JUDGE COLLYER: All right. Thank you. 03:30PM 15If there's going to be any redirect -- 03:30PM 16MR. NOBILE: Just a few questions, Your Honor.03:30PM 17JUDGE COLLYER: Let's take a break because it's 3:30.03:30PM 18Sir, we're going to take a 15-minute break. Okay? 03:30PM 19THE WITNESS: Thank you, Your Honor -- thank you, Your 03:30PM 20

Honors.03:30PM 21(Thereupon, a break was had from 3:30 p.m. until 3:46 03:46PM 22

p.m.) 03:46PM 23THE COURTROOM CLERK: Be seated, please, and come to 03:47PM 24

order. 03:47PM 25


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JUDGE COLLYER: Go ahead, sir. 03:47PM 1MR. NOBILE: At this time we'd like to ask Mr. Coleman a 03:47PM 2

few questions on redirect. 03:47PM 3REDIRECT EXAMINATION OF REPRESENTATIVE GARNET COLEMAN03:47PM 4

BY MR. NOBILE:03:47PM 5Mr. Coleman, on cross-examination, Mr. Mortara asked you 03:47PM 6 Q.

about -- asked you about some of the standards you looked at in 03:47PM 7reviewing voting rights districts, correct? 03:47PM 8

Yes. 03:47PM 9 A.

Did you have access to any data beyond demographics? 03:47PM 10 Q.

Yes, we had access beyond demographics, data in elections 03:47PM 11 A.

that are nonpartisan elections in the area of the respective 03:47PM 12districts, particularly District 137 and District 149. 03:48PM 13

Did you have access to anyone from the Attorney General's 03:48PM 14 Q.

Office in preparing your plan? 03:48PM 15No. 03:48PM 16 A.

Would it surprise you -- surprise you to know that they 03:48PM 17 Q.

had election data? 03:48PM 18Yes, it would surprise me that they had election data 03:48PM 19 A.

that they didn't share with all of the legislature. 03:48PM 20Did you ever see any election data from the Attorney 03:48PM 21 Q.

General's Office? 03:48PM 22No, I did not. 03:48PM 23 A.

Mr. Mortara also talked about some of the minor changes 03:48PM 24 Q.

to your individual district that occurred on the House floor. 03:48PM 25


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Do you recall that? 03:48PM 1Yes. 03:48PM 2 A.

Can you tell us the background that led up to those 03:48PM 3 Q.

changes? 03:48PM 4Yes. The -- what had happened was the amendment that 03:48PM 5 A.

Ms. Woolley had pre-filed made substantial changes -- 03:49PM 6For the benefit of the Court, when did this amendment pop 03:49PM 7 Q.

up? 03:49PM 8The amendment popped up when we had to pre-file 03:49PM 9 A.

amendments for the floor. 03:49PM 10So in the process of preparing the Harris County and the 03:49PM 11 Q.

statewide redistricting plan, when did this amendment pop up? 03:49PM 12This amendment popped up between the filing -- the 03:49PM 13 A.

dropping in -- after the dropping in of the -- Ms. Woolley's 03:49PM 14plan for Harris County, it came when the -- the map came -- the 03:49PM 15statewide map came to the floor, this was a filed amendment to 03:49PM 16change the Harris County plans. 03:49PM 17

So Mrs. Woolley offered an amendment to the Redistricting 03:49PM 18 Q.

Committee's plan with respect to Harris County? 03:49PM 19Correct. 03:50PM 20 A.

Is that your testimony? 03:50PM 21 Q.

Yes. 03:50PM 22 A.

Why would she offer an amendment after her map had been 03:50PM 23 Q.

adopted by the Redistricting Committee? 03:50PM 24I don't know, except for the major changes in the map -- 03:50PM 25 A.


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in her amendment were to my legislative district. 03:50PM 1Why do you think she made changes just to your district? 03:50PM 2 Q.

MR. MORTARA: Objection, Your Honor, calls for 03:50PM 3speculation. 03:50PM 4

JUDGE COLLYER: If you know, I mean.03:50PM 5BY MR. NOBILE:03:50PM 6

If know? 03:50PM 7 Q.

Again, the -- I don't know exactly the reason why, but 03:50PM 8 A.

clearly there was -- 03:50PM 9MR. MORTARA: Your Honor, I object. The witness just said 03:50PM 10

he doesn't know. 03:50PM 11JUDGE COLLYER: The witness cannot answer the question as 03:50PM 12

framed, so you need to either frame another question or move on. 03:50PM 13BY MR. NOBILE:03:50PM 14

What is your understanding of how this amendment came to 03:50PM 15 Q.

exist? 03:50PM 16My understanding is that the amendment came to exist 03:50PM 17 A.

because of my advocacy and Mr. Hall and Ms. Woolley got together 03:50PM 18to write the amendment. 03:51PM 19

What advocacy are you speaking about? 03:51PM 20 Q.

Advocacy of the Voting Rights Act. 03:51PM 21 A.

And specifically? 03:51PM 22 Q.

Specifically on the pair and the 24 map that the -- that 03:51PM 23 A.

Ms. Woolley had drawn. 03:51PM 24So what did this amendment do to your district? 03:51PM 25 Q.


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This amendment took core areas like Third Ward and put it 03:51PM 1 A.

in another district. 03:51PM 2Why are those areas important? 03:51PM 3 Q.

Because those are the communities of interest for 03:51PM 4 A.

District 147 and have been since its creation. 03:51PM 5Based on your -- I'm sorry. Based on your testimony, 03:51PM 6 Q.

saying that she took out core districts, why was it important to 03:51PM 7get those back? 03:51PM 8

Well, it was important to get them back, particularly the 03:51PM 9 A.

Third Ward area because that is the basis for the creation of 03:51PM 10District 147 which allows District 147 to continue to exist as 03:52PM 11it is, and then there were other precincts that create the 03:52PM 12place-making authority that is important to this legislative 03:52PM 13district, like downtown, midtown. 03:52PM 14

So Mr. Mortara asked you about this break in proceedings 03:52PM 15 Q.

to address this Woolley amendment that you're speaking about. 03:52PM 16Who stopped the proceedings? 03:52PM 17

The proceedings were stopped by the speaker of the House. 03:52PM 18 A.

What led the speaker to stop the proceedings? 03:52PM 19 Q.

Well, the speaker stopped the proceedings because 03:52PM 20 A.

Mr. Geren, and Mr. Branch spoke to the speaker and said that 03:52PM 21this wasn't working. But also, I was very angry because we had 03:52PM 22gotten to this point and I had spoken with the speaker's office 03:52PM 23about it and basically I said, you know, this wasn't right. 03:53PM 24

Why were you specifically angry? 03:53PM 25 Q.


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I was specifically angry because it made my district 03:53PM 1 A.

worse. I'm part of the speaker's team. I'm a chair of a 03:53PM 2committee. I serve on the Rules Committee, and all of a sudden 03:53PM 3my district is getting gutted, and I had spoken to him about it 03:53PM 4and nothing had been done. 03:53PM 5

So again, your testimony is that your district -- these 03:53PM 6 Q.

changes were precipitated based on your objections to the 03:53PM 7changes to the number of delegates in the Harris County map? 03:53PM 8

That's correct, and particularly to the changes that were 03:53PM 9 A.

made by Ms. Woolley. Again, there are two issues: One is 03:53PM 1024-25; the other is how you treat a member's district, and in 03:54PM 11this case it was a combination of two. So the last amendment 03:54PM 12that was done was an amendment based on changes that were made 03:54PM 13to the district that didn't change 24 to 25. It had nothing to 03:54PM 14do with that. 03:54PM 15

And these changes were targeting your district, is that 03:54PM 16 Q.

what you are saying? 03:54PM 17Yes, sir. 03:54PM 18 A.

MR. NOBILE: No further questions. 03:54PM 19JUDGE HOWELL: I'm sorry. I got a little confused so 03:54PM 20

don't go away yet. 03:54PM 21THE WITNESS: Okay.03:54PM 22JUDGE HOWELL: The Woolley amendment that made changes to 03:54PM 23

your district and took out this Third Ward area, was that an 03:54PM 24amendment that was offered on the floor by representative -- 03:54PM 25


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THE WITNESS: Yes, ma'am.03:54PM 1JUDGE HOWELL: And did that amendment pass?03:54PM 2THE WITNESS: It was substituted by another amendment 03:54PM 3

where Representative Woolley and members of the Harris County 03:54PM 4delegation spent time in the speaker's -- one of the conference 03:54PM 5rooms, actually changing the map, that amendment, the substitute 03:54PM 6amendment to, literally, make sure that members weren't upset 03:54PM 7about those particular changes to their districts. There was 03:55PM 8about five members that were changed. In the Woolley amendment 03:55PM 9to Solomons' map, there were about five changes to the -- there 03:55PM 10were changes to about five districts; mine was one of them. And 03:55PM 11in-between the time that that amendment came up on the floor and 03:55PM 12when there was a substitute amendment that was drawn, there were 03:55PM 13changes to about five members' districts in the substitute 03:55PM 14amendment to Ms. Woolley's pre-filed floor amendment. 03:55PM 15

JUDGE HOWELL: Okay. 03:55PM 16THE WITNESS: Is that -- am I making any sense to you? 03:55PM 17JUDGE HOWELL: I think it's making sense. 03:55PM 18THE WITNESS: You have to pre-file and that's when you can 03:55PM 19

see it, and ten that's when the changes were made in the time 03:55PM 20period that the AG's office said, the time period when the 03:55PM 21amendment came up and was to be acted on, people went to the 03:56PM 22speaker's office and they started working on a map, a substitute 03:56PM 23amendment to Ms. Woolley's floor amendment and I went to my 03:56PM 24office because I said, you know, I'm done, ya'll do what you want 03:56PM 25


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to do. 03:56PM 1JUDGE HOWELL: I have another question, and that has to do 03:56PM 2

with part of the journal that I think Texas counsel put up that 03:56PM 3refers to the Coleman substitute. 03:56PM 4

THE WITNESS: Yes, ma'am. 03:56PM 5JUDGE HOWELL: And in that journal entry that was put up 03:56PM 6

on the screen, it had a house plan comparison between CSHP 150, 03:56PM 7the Coleman plan, your proposed plan. 03:56PM 8

THE WITNESS: Correct.03:56PM 9JUDGE HOWELL: And then it had a column labeled "benchmark 03:56PM 10

current." And if you look at the benchmark current, it has a 03:56PM 11number -- you now, a list of numbers of districts, including 03:56PM 12those that were listed as Latino, minority opportunity, effective 03:56PM 13coalition districts, which is under the benchmark listed as 9, 03:57PM 14and then it has total effected districts and the total number of 03:57PM 1556 and I just want to ask you about that last column where it 03:57PM 16says marked current. 03:57PM 17

THE WITNESS: Uh-huh.03:57PM 18JUDGE HOWELL: Was that -- was that -- are the numbers 03:57PM 19

that are reflected in that column numbers that were commonly 03:57PM 20accepted during the debate of the plans and consideration of 03:57PM 21alternative plans? 03:57PM 22

THE WITNESS: Well, yes, it would be in that if you looked 03:57PM 23at the number of districts that people actually served in, that 03:57PM 24would be 56 based on the numbers. That didn't mean that somebody 03:57PM 25


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actually was sitting in that seat. 03:57PM 1JUDGE HOWELL: What I mean is, is that when it uses the 03:57PM 2

term "total affected districts," am I understanding that 03:57PM 3correctly when I think that that's referring to effective 03:57PM 4minority/majority? 03:58PM 5

THE WITNESS: That is correct, total effective coalition 03:58PM 6of minority districts in the map that we drew is 56. 03:58PM 7

JUDGE HOWELL: Well, and under the column that says 03:58PM 8Coleman, it has 59 listed. 03:58PM 9

THE WITNESS: 59. 03:58PM 10JUDGE HOWELL: The benchmark has listed 56, and my 03:58PM 11

question is simple, which is: These numbers that are in this 03:58PM 12column labeled "benchmark current," were those numbers generally 03:58PM 13accepted by all the legislatures' members as the benchmark 03:58PM 14numbers they were operating on in analyzing the plans? 03:58PM 15

THE WITNESS: I think that would be correct in analyzing 03:58PM 16the plans, that that would be the number that was acceptable to 03:58PM 17all of the members. What we tried to do was show where growth 03:58PM 18changed the nature of the map. That was the intent. 03:59PM 19

JUDGE HOWELL: Thank you. 03:59PM 20MR. NOBILE: If I could just add for the benefit of the 03:59PM 21

record, during the questioning of Mr. Coleman, in questioning 03:59PM 22during the panel, Mr. Coleman referenced the Solomons' map, when 03:59PM 23he references the Solomons' map he's talking about the map 03:59PM 24adopted by the Redistricting Committee and so -- 03:59PM 25


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JUDGE HOWELL: And that's HB150. 03:59PM 1MR. NOBILE: 150 -- 153 -- HB150 is the House bill which 03:59PM 2

served as a vehicle to get the redistricting plan through the 03:59PM 3House of Representatives. 03:59PM 4

JUDGE HOWELL: Okay.03:59PM 5MR. NOBILE: So it's Plan H283 but it's House bill 150. 03:59PM 6

It's a little confusing and so that's why I tried to make a point 03:59PM 7to stress the distinction there. 03:59PM 8

Unless there's any further questions, thank you, 03:59PM 9Mr. Coleman. 03:59PM 10

MR. MORTARA: Your Honor, I'm afraid to say I might want 03:59PM 11to recross on your questions. 03:59PM 12

JUDGE HOWELL: Please. 03:59PM 13MR. NOBILE: Well, to be honest with you, in the course of 03:59PM 14

her questions -- Your Honor's questions, I considered objecting 03:59PM 15and raising a concern about -- well, to remind -- gently nudge 03:59PM 16and remind the Court about the previous concern about the scope 04:00PM 17of direct testimony, but however in an abundance of a deference, 04:00PM 18I properly remained quiet. And so -- 04:00PM 19

JUDGE HOWELL: Part of the reason -- I mean, I have to 04:00PM 20say, when one of the things that this panel is -- has to do is, 04:00PM 21part of it is simple math. How many benchmark districts do we 04:00PM 22have, and how many minority ability to elect districts are there 04:00PM 23under the legislative plan. So we've gotten a lot of different 04:00PM 24numbers from people about what the numbers are under the 04:00PM 25


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benchmark plan and here we have in a journal a list of -- here 04:00PM 1are the benchmarks that they were operating on, and so I think it 04:00PM 2would be -- I'm very interested to know, you know, whether 04:00PM 3that -- these benchmark numbers were the ones that were commonly 04:00PM 4accepted by the members of the house when they were considering 04:00PM 5these plans and analyzing them, including for compliance with the 04:00PM 6Voting Rights Act. 04:01PM 7

MR. NOBILE: Well, on behalf of the United States, 04:01PM 8Your Honors can look at anything they would like, but for 04:01PM 9Mr. Mortara's -- 04:01PM 10

MR. MORTARA: It's okay. Your Honor, I see that you have 04:01PM 11the entire page. I did not know that. I have no questions. 04:01PM 12

THE WITNESS: And I don't -- pardon me, Your Honor, I 04:01PM 13don't have the page in front of me so I can't see it. 04:01PM 14

JUDGE COLLYER: That's okay. 04:01PM 15MR. NOBILE: Okay.04:01PM 16JUDGE COLLYER: Are you done? 04:01PM 17MR. NOBILE: No further questions. 04:01PM 18JUDGE COLLYER: All right. Okay. All right, then, sir, I 04:01PM 19

think you are excused. Thank you very much. 04:01PM 20THE WITNESS: Thank you, Your Honors, and thank you for 04:01PM 21

your service to America. 04:01PM 22JUDGE COLLYER: Oh, my. It's your service to America. 04:01PM 23

We're in Washington. 04:01PM 24MR. DEVANEY: Good afternoon, Your Honors. 04:01PM 25


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JUDGE COLLYER: Good afternoon.04:01PM 1MR. DEVANEY: John Devaney on behalf of the Gonzales 04:02PM 2

intervenors and we will be calling Representative Dawnna Dukes 04:02PM 3who I will bring in momentarily. 04:02PM 4

JUDGE COLLYER: Thank you. 04:02PM 5(REPRESENTATIVE DAWNNA DUKES, DEFENDANTS' IN THE CASE, SWORN) 04:02PM 6

DIRECT EXAMINATION OF REPRESENTATIVE DAWNNA DUKES04:02PM 7BY MR. DEVANEY:04:02PM 8

Good afternoon. 04:02PM 9 Q.

Good afternoon. 04:02PM 10 A.

Would you please state your name for the record. 04:02PM 11 Q.

Dawnna Dukes. 04:02PM 12 A.

Representative Dukes, you live in Austin; is that 04:03PM 13 Q.

correct? 04:03PM 14Yes, I do. 04:03PM 15 A.

And you're a member of the Texas House? 04:03PM 16 Q.

Yes, I am. 04:03PM 17 A.

In which district? 04:03PM 18 Q.

I represent District 46. 04:03PM 19 A.

And where is District 46? 04:03PM 20 Q.

District 46 is the northeastern quadrant of Travis County 04:03PM 21 A.

as well as Austin, Pflugerville, Manor. 04:03PM 22How long have you represented that district? 04:03PM 23 Q.

Almost 18 years. 04:03PM 24 A.

Since 1994? 04:03PM 25 Q.


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1994. 04:03PM 1 A.

And how long have you lived in Austin? 04:03PM 2 Q.

I've lived in Austin all of my life, which would be about 04:03PM 3 A.

49 years. 04:03PM 4And how long has your family lived in Austin? 04:03PM 5 Q.

My family has lived in Austin since 1914. 04:03PM 6 A.

How did your family come to settle in Austin? 04:03PM 7 Q.

My maternal family is of French Creole descent from 04:03PM 8 A.

Louisiana, and it was an unfortunate situation where my great 04:03PM 9grandfather's brother, who was 14 years old, was falsely accused 04:03PM 10and was lynched. My great grandfather attempted to save him and 04:04PM 11as a result of that the clan came after my great grandfather, so 04:04PM 12in the dark of the night, the family had to leave and eventually 04:04PM 13made its way to Austin and had to hide our whereabouts until 04:04PM 141978. 04:04PM 15

And your family came to Austin in 1914? 04:04PM 16 Q.

1914. 04:04PM 17 A.

And does your family -- do some members of your family 04:04PM 18 Q.

have a history of political activism in Austin? 04:04PM 19Yes. My aunt who was 14 at the time that they had to 04:04PM 20 A.

flee Louisiana for safety, was very involved in the community 04:04PM 21and actually allowed Thurgood Marshall when he represented Heman 04:04PM 22Sweatt, who was my grandfather's first cousin, in Sweatt versus 04:04PM 23Painter in Austin and she introduced my father, who married her 04:04PM 24niece, my mother, to community politics and my father was either 04:04PM 25


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the campaign manager or treasurer for every African-American who 04:04PM 1was elected to office in Travis County until my election. 04:05PM 2

And how long have you, yourself, been involved in Travis 04:05PM 3 Q.

County politics? 04:05PM 4Well, I think a lot of people hired my dad because he had 04:05PM 5 A.

seven kids and it brought an entire campaign team to the table. 04:05PM 6I can remember as early as first grade sweeping campaign offices 04:05PM 7and licking envelopes and I was on phone banks by 3rd grade.04:05PM 8

So you've revealed to us your age, so first grade means 04:05PM 9 Q.

about 40 years or so? 04:05PM 10Um-hmm, yes, sir. 04:05PM 11 A.

And when did you decide to run for office yourself? 04:05PM 12 Q.

For state representative? 04:05PM 13 A.

Yes. 04:05PM 14 Q.

I decided to run for state representative in 1993 when 04:05PM 15 A.

the incumbent, an African-American female, decided to retire. 04:05PM 16Tell us, before that decision, had you been involved in 04:05PM 17 Q.

any political organizations in Travis County? 04:05PM 18I -- in -- before that, in 1990, around 1989, I had been 04:06PM 19 A.

involved in various community organizations and was a part of a 04:06PM 20group of community leaders who were interested in the 04:06PM 21redistricting changes being made to our school board to single 04:06PM 22member districts five, single member districts and two at large, 04:06PM 23for president and vice president, because of the struggles we 04:06PM 24were having with inequality of services in our east Austin 04:06PM 25


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schools that exist in the district I represent now, we felt that 04:06PM 1it would be helpful to have an additional African-American from 04:06PM 2the east Austin community on the school board. The community 04:06PM 3looked for a volunteer. No one would, and I had a temporary 04:06PM 4lapse in sanity and volunteered and ran for school board. I did 04:06PM 5not win, fortunately. I came in second or fourth, but as a 04:06PM 6result, as a young 28 year old who was getting involved in 04:06PM 7politics I was selected by city council members and county 04:07PM 8commissions, school board members and some state leaders to 04:07PM 9serve on boards in various areas and became very -- much more 04:07PM 10involved as an adult in the democratic party politics. 04:07PM 11

And what led to your decision in 1993 to run for the 04:07PM 12 Q.

state House? 04:07PM 13In 1993, the African-American committee commissioner, 04:07PM 14 A.

African-American state representative, African-American school 04:07PM 15board member, African-American constable and city council member 04:07PM 16all chose at the same time by coincidence not to run for 04:07PM 17reelection. The community was concerned about who was the new 04:07PM 18African-American leadership. Our daily newspaper, the Austin 04:07PM 19American-Statesman, started doing research and wrote an article 04:07PM 20about the politically active individuals in the community, and 04:07PM 21they wrote that the two individuals of primary leadership were 04:07PM 22my dad and myself as if we would run against each other. My dad 04:08PM 23doesn't like to be in public office, he just likes to help those 04:08PM 24get there and I like to take on crazy burdens. 04:08PM 25


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So who did you run against in 1994 when you first ran? 04:08PM 1 Q.

In the primary? 04:08PM 2 A.

Yes, thank you. 04:08PM 3 Q.

In the primarily I had two opponents. One was a 04:08PM 4 A.

formidable opponent. He was a chief of staff to a state senator 04:08PM 5in Texas as well as president of the Coalition of Black 04:08PM 6Democrats. 04:08PM 7

And the other gentleman was an Anglo male who was a 04:08PM 8university student at the law school. Because a large portion 04:08PM 9of the University of Texas law school was located within the 04:08PM 10district, and he thought that by having two African-Americans in 04:08PM 11the race it would split the vote enough that he would be able to 04:08PM 12win a seat that had been held by an African-American for over 20 04:08PM 13years. 04:08PM 14

And how did that go for him? 04:08PM 15 Q.

Not too well. I won without a runoff with over 04:08PM 16 A.

53 percent. 04:08PM 17And then you went on and won the general election in 04:08PM 18 Q.

1994? 04:09PM 19That is correct. 04:09PM 20 A.

And how many times have you been re-elected to your seat? 04:09PM 21 Q.

Nine times.04:09PM 22 A.

Are you familiar with the term "the Tri-Ethnic Coalition" 04:09PM 23 Q.

as it relates to Austin? 04:09PM 24Yes, I am. 04:09PM 25 A.


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Would you tell the Court what that term means. 04:09PM 1 Q.

The Tri-Ethnic Coalition is made up of organizations and 04:09PM 2 A.

community leaders that are African-American, Hispanic, and Anglo 04:09PM 3progressives, more or less, to speak, who coalesce in supporting 04:09PM 4candidates and individuals that support their views and have 04:09PM 5been effective in electing minorities and women to office in 04:09PM 6Travis County throughout the years. 04:09PM 7

And can you give the Court a sense of how the coalition 04:09PM 8 Q.

works? Are there organizations that make the coalition 04:09PM 9function? 04:09PM 10

Yes. There are multiple democratic organizations. There 04:09PM 11 A.

is the Black Austin Democrats, the Tejano Democrats, the 04:09PM 12Mexican-American Democrats, the lesbian-gay, or Stonewall 04:10PM 13Democrats, there's the Central Austin Progressives, there's the 04:10PM 14University Democrats, the Northwest Democrats that help 04:10PM 15northeast, and the list goes on and on and on and on, coupled 04:10PM 16with labeled organizations, especially the Central Labor Counsel 04:10PM 17made up of 15 labor unions, the police association, fire 04:10PM 18fighters, all working together, and the candidates work very 04:10PM 19hard to get the endorsements because they will go out and work 04:10PM 20the community, through literature and create a slate. It is 04:10PM 21very rare, if you have that coalition's support that you are not 04:10PM 22successful in winning. 04:10PM 23

Now, is Travis County a majority Anglo county? 04:10PM 24 Q.

Yes, it is. 04:10PM 25 A.


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Do you know what the proximate percentage is? 04:10PM 1 Q.

It's greater than 50 -- well, of course it's greater than 04:10PM 2 A.

50 percent, duh. I would say closer to 60 percent. 04:10PM 3So, given that, is it possible for someone running for 04:11PM 4 Q.

office in Travis County, a minority for example, to be elected 04:11PM 5without some Anglo support? 04:11PM 6

Pretty unlikely, pretty unlikely. 04:11PM 7 A.

In fact, isn't Anglo support necessary because the 04:11PM 8 Q.

minorities are a minority of the population in Travis?04:11PM 9Absolutely. 04:11PM 10 A.

Okay. In your elections, your nine elections, have you 04:11PM 11 Q.

had any involvement or support from this Tri-Ethnic Coalition 04:11PM 12that you have described? 04:11PM 13

Yes, I have, and in three of the contested elections I 04:11PM 14 A.

had strong support from the Tri-Ethnic Coalition. I even had a 04:11PM 15race in which I had an opponent who's an African-American female 04:11PM 16who accused me of not quite being African-American enough, and 04:11PM 17thought that it would pull the black vote away and therefore 04:11PM 18cause me to lose the vote. Because of my strong support from 04:11PM 19the Mexican-American community, the Anglo community and the ties 04:12PM 20I had in the black community I was able to still win that 04:12PM 21re-election with 72 percent. 04:12PM 22

And in your primaries, have you had support from racial 04:12PM 23 Q.

groups other than the African-American group in your district? 04:12PM 24Yes. I've always had the endorsement of the Tejano 04:12PM 25 A.


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Democrats, and the Mexican-American Democrats, as well as many 04:12PM 1of the central democratic organizations. 04:12PM 2

Do you have a general familiarity with elections that 04:12PM 3 Q.

have occurred throughout Travis County over the last decade? 04:12PM 4Generally, yes. 04:12PM 5 A.

Okay. Including primarily elections? 04:12PM 6 Q.

Yes. 04:12PM 7 A.

In this case, the State of Texas has asserted that in 04:12PM 8 Q.

primary elections in Texas, that African-Americans and Hispanics 04:12PM 9are necessarily opposed to each other and don't support the same 04:12PM 10candidates. Has that been your experience in Travis County? 04:13PM 11

That is not been my experience in Travis County, and it's 04:13PM 12 A.

not been what I've seen in Travis County. As a matter of fact, 04:13PM 13there was a race where -- now the U.S. Representative Ron Kirk, 04:13PM 14who's an African-American, ran for United States Senator, as 04:13PM 15well as a gentleman by the name of Tony Sanchez, ran for 04:13PM 16governor of the State of Texas in Travis County, both. Ron 04:13PM 17Kirk, who was African-American and Tony Sanchez, who was 04:13PM 18Hispanic, were able to garner great amounts of supports from 04:13PM 19across the community and won Travis County just hands down 04:13PM 20greater than 70 percent. 04:13PM 21

And in your own primaries, have you had support from both 04:13PM 22 Q.

black and Hispanic communities? 04:13PM 23Yes, I have, very strong support from the Hispanic 04:13PM 24 A.

community and the black community. 04:13PM 25


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I'm going turn shortly now to the Congressional District 04:13PM 1 Q.

Plan that's at issue in this case, Plan C185. And just to set 04:14PM 2that up, I want to ask you a question about the racial and 04:14PM 3socioeconomic makeup of your district and if you could just tell 04:14PM 4me that, please? 04:14PM 5

Well, the socioeconomic makeup of the district as of the 04:14PM 6 A.

2000 census was just under 20,000 per capita income. The makeup 04:14PM 7of District 46 in which I live is roughly about 30 percent 04:14PM 8Anglo, about 22 percent African-American, and just short of 04:14PM 950 percent or just barely 50 percent Hispanic. 04:14PM 10

And how is that area of east Austin first settled? 04:14PM 11 Q.

The historically black community in east Austin was 04:14PM 12 A.

forced in the early days and prior to the '40s, there was 04:14PM 13actually an ordinance in the Austin municipal government that 04:15PM 14stated that if you were of African-American descent you could 04:15PM 15not receive electrical hook up west of Interstate 35, which 04:15PM 16forced all African-Americans to live east of East Avenue, which 04:15PM 17eventually became Interstate 35, in the area of the city where 04:15PM 18all the unwanted industrial facilities were placed, the 04:15PM 19landfills, the trash truck location pickups, oil tank farms, the 04:15PM 20African-American community and the Hispanic community were 04:15PM 21forced to live in those areas. 04:15PM 22

I said we'd be talking about the Congressional District 04:15PM 23 Q.

Plan and I actually have to do one more thing before we get to 04:15PM 24that. I want to show you what's been mark as Defendants' 04:15PM 25


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Exhibit 671. This is a three-page exhibit, and I'm just showing 04:15PM 1the top half of the first page, and you'll see it's titled 04:16PM 2Travis County General Elections. Do you see that Representative 04:16PM 3Dukes? 04:16PM 4

Yes. 04:16PM 5 A.

Are you familiar with exhibit -- this exhibit? 04:16PM 6 Q.

Yes, I am. 04:16PM 7 A.

Can you describe for the Court what this list of 04:16PM 8 Q.

elections represents? 04:16PM 9This is a list of African-Americans as well as Hispanics 04:16PM 10 A.

who have been successful in being elected countywide in Travis 04:16PM 11County. 04:16PM 12

Have won elections between 2002 and 2010 in Travis 04:16PM 13 Q.

County? 04:16PM 14Yes, all the elections prior to when my father got 04:16PM 15 A.

involved. 04:16PM 16By my count there are 34 successful minority candidates 04:16PM 17 Q.

listed here. Is that list complete? 04:16PM 18No, it is not. It does not include our former state 04:16PM 19 A.

senator, Gonzalo Barrientos, who was elected countywide as well. 04:16PM 20And does this list also include approximately seven 04:17PM 21 Q.

minorities who have been elected to City of Austin positions? 04:17PM 22Yes, it does, but it does not include the three previous 04:17PM 23 A.

African-Americans and at least two Hispanics who were also 04:17PM 24elected to the Austin City Council. 04:17PM 25


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Okay. Could any of these candidates who won in Travis 04:17PM 1 Q.

County had been elected without Anglo support?04:17PM 2Not at all. 04:17PM 3 A.

So I'm finally now turning to the Congressional District 04:17PM 4 Q.

Plan. And I want to ask you: 2011 was not the first time you 04:17PM 5were involved in the redistricting process; is that right? 04:17PM 6


How many previous times were you involved? 04:17PM 8 Q.

Since 2000, at least three previous times because Texas 04:17PM 9 A.

had a contentious redistricting cycle in 2001, and then in 2003 04:18PM 10Tom DeLay -- former speaker Tom DeLay and speaker of the House 04:18PM 11for Texas, Tom Craddick, decided that once there was a majority 04:18PM 12of republicans in the House during the next session to do 04:18PM 13redistricting again, and to perfect the means in which they drew 04:18PM 14the districts for their majority. 04:18PM 15

Now, in this particular redistricting cycle, there was a 04:18PM 16 Q.

regular session of the House that was called in January of 2011; 04:18PM 17is that correct? 04:18PM 18

That is correct.04:18PM 19 A.

And when did that session end, approximately? 04:18PM 20 Q.

The session ended around May 30th. 04:18PM 21 A.

At any point during the regular session, did you, as a 04:18PM 22 Q.

state representative, see a proposed map for the Congressional 04:18PM 23district? 04:19PM 24

Not for the Congressional district, no, sir. 04:19PM 25 A.


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Okay. There's been testimony in this case that hearings 04:19PM 1 Q.

were held concerning redistricting in various urban parts of the 04:19PM 2state. Are you familiar with whether hearings were held on 04:19PM 3redistricting? 04:19PM 4

Hearings were not held during the session on 04:19PM 5 A.

redistricting. There were hearings that were held during the 04:19PM 6interim made up of a combination of committees, some of the 04:19PM 7individuals who were on that committee were not even re-elected, 04:19PM 8nor was there a map associated with those hearings. It was 04:19PM 9just -- in many of our opinion, it was just a circus to show 04:19PM 10that a hearing had been held around the state, but it was not of 04:19PM 11substance because there was absolutely nothing before the 04:19PM 12committee for individuals to testify on, for or against. 04:19PM 13

Meaning there was not a map at any of the public 04:19PM 14 Q.

hearings? 04:20PM 15There was not a map. 04:20PM 16 A.

And you said the hearings took place during the interim. 04:20PM 17 Q.

What is the interim? 04:20PM 18The interim means when you're not in session. 04:20PM 19 A.

You testified that you did not see a map during the 04:20PM 20 Q.

regular session. At any point during the regular session, did 04:20PM 21any member of the majority party come seek your views on a 04:20PM 22congressional map? 04:20PM 23

No, sir. 04:20PM 24 A.

Okay. And when did you first see a proposed 04:20PM 25 Q.


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Congressional map? 04:20PM 1The first time that I saw the proposed Congressional map 04:20PM 2 A.

was just days before it was to be heard on the third reading on 04:20PM 3the House floor, which would have been about June 9th or 10th. 04:20PM 4

And that was during a special session? 04:20PM 5 Q.

That was during the special session. 04:20PM 6 A.

And did you first see the map on a Friday? 04:20PM 7 Q.

It was a Friday -- yes, it was, it was absolutely a 04:20PM 8 A.

Friday, and it was this -- 04:20PM 9And did the map that you saw, was that the map that 04:20PM 10 Q.

eventually became Plan C185? 04:20PM 11Yes, for the most part, yes. 04:20PM 12 A.

Now, on that Friday in June when you first saw the map, 04:21PM 13 Q.

was there a rules change that was implemented and voted upon in 04:21PM 14the House? 04:21PM 15

The same day that we were able to see the map, a calendar 04:21PM 16 A.

rule was voted upon on the floor of the House which required us 04:21PM 17to pre-file our amendments prior to Monday. 04:21PM 18

So, if I could put it into layperson's terms, does that 04:21PM 19 Q.

mean that with that rule change, you saw a map on Friday and 04:21PM 20because of the rule change, any changes you wanted to make to 04:21PM 21that map, or any map you wanted to propose yourself, had to be 04:21PM 22submitted on Monday? 04:21PM 23

Before Monday. 04:21PM 24 A.

Before Monday? 04:21PM 25 Q.


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Yes. 04:21PM 1 A.

So, in other words, you had to get it together over the 04:21PM 2 Q.

weekend to submit anything; is that right? 04:21PM 3That is correct. The House adjourned roughly at 2:30 on 04:21PM 4 A.

that Friday and we only had from about that time until Monday 04:21PM 5morning to do a very contentious and difficult job of rewriting 04:21PM 6and redrawing maps. 04:22PM 7

What did you do over the weekend? 04:22PM 8 Q.

A lot of discussion with individuals to help draw a map 04:22PM 9 A.

because it was impossible to draw an amendment to the map 04:22PM 10because every amendment that you drew would overflow in lines 04:22PM 11into another Congressional district, so you had no choice but to 04:22PM 12do all the work. 04:22PM 13

And did you succeed in drawing a new map in those eight 04:22PM 14 Q.

hours or so that you had? 04:22PM 15We were able to draw an additional -- a map that was for 04:22PM 16 A.

the purpose of redrawing Travis County and some other -- created 04:22PM 17some additional minority districts that we presented or I 04:22PM 18presented as a substitute on the floor. 04:22PM 19

MR. DEVANEY: Torrey, while we talk here, would you mind 04:22PM 20pulling up C1 -- C166. Thank you.04:22PM 21

And while Torrey is helping us, let me ask you a few more 04:23PM 22 Q.

questions about this process. 04:23PM 23You then presented your map -- was it on Monday or 04:23PM 24

Tuesday that you presented it? 04:23PM 25


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Tuesday. 04:23PM 1 A.

Okay. And you presented it on the House floor? 04:23PM 2 Q.


What happened after you presented the map? 04:23PM 4 Q.

Roughly 30 minutes of discussion. The majority of the 04:23PM 5 A.

discussion was from other minority members of the legislature 04:23PM 6who were in support of the map, posing questions from the back 04:23PM 7microphone in support of the map, and then a very short brief 04:23PM 8counter from representative -- or Chairman Solomons, that was 04:23PM 9very similar to an argument that he would use on almost every 04:23PM 10amendment put forth by the democrats or the minorities stating 04:23PM 11that it wasn't a good plan or that it was retrogressive, just 04:24PM 12some arguments here and there that our plans just didn't work, 04:24PM 13it just -- they were inferior to the plan that he drew. 04:24PM 14

So he had had the plan for how long? 04:24PM 15 Q.

Well, if we had to have our amendments in to counsel and 04:24PM 16 A.

the Clerk's Office by Monday, he had all of roughly 24 hours to 04:24PM 17review a plan that took us a very long time to draft, and come 04:24PM 18up with a summary statement that it was a poor plan. 04:24PM 19

And was your plan, as an amendment, was it tabled? 04:24PM 20 Q.

It was tabled so that it could not be brought back up 04:24PM 21 A.

again. 04:24PM 22Tabled at the request of whom? 04:24PM 23 Q.

Chairman Solomons. 04:24PM 24 A.

And that meant it could never be reconsidered again? 04:24PM 25 Q.


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That is correct. Every democratic proposal was tabled. 04:24PM 1 A.

Did you give a speech on the House floor protesting the 04:25PM 2 Q.

tabling of your proposal? 04:25PM 3Most definitely. 04:25PM 4 A.

I'd like to show you Defendants' Exhibit 673, and in 04:25PM 5 Q.

particular I'm going to focus on Page 2, and I've underlined the 04:25PM 6portion that I'd like to ask you about. You say: 04:25PM 7

"Now, look at western Travis County where the majority of 04:25PM 8the population is an Anglo community. It sits entirely in one 04:25PM 9district, but eastern Travis County where African-Americans and 04:25PM 10Hispanics live is drawn into nine separate in and out 04:25PM 11Congressional districts. Why the difference?" 04:25PM 12

This is part of the speech you gave? 04:25PM 13Yes, it is. 04:25PM 14 A.

What did you mean when you said that eastern Travis 04:25PM 15 Q.

County where African-Americans and Hispanics live is drawn into 04:25PM 16nine separate in and out Congressional districts? 04:25PM 17

Travis County as a whole, although it has 1.2 million 04:25PM 18 A.

people that could make up a 698,000 size Congressional district, 04:26PM 19was the only urban county divided up into multiple districts. 04:26PM 20Travis County was divided into five separate Congressional 04:26PM 21districts, and the heart of Travis County right in the middle in 04:26PM 22the more central historically black, historically Hispanic 04:26PM 23communities is where the, I would say the apex or the epicenter, 04:26PM 24of the crafting was done. And when you look at the map and see 04:26PM 25


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how they -- the back and forth drawing, all the way down to curb 04:26PM 1levels, to blocks, to neighborhoods separating neighbors who 04:26PM 2have been previously in precincts for years, not taking into 04:26PM 3consideration the schools into high schools, you saw thing 04:26PM 4districts overlapping more or less like fingers. So if you were 04:26PM 5to drive from the southern part of Travis County from Interstate 04:27PM 635, which is the major interstate in Travis County, to the most 04:27PM 7northern portion of Travis County along the interstate, you will 04:27PM 8cross the various boundary lines of those five districts nine 04:27PM 9complete times. We counted them up to -- up and down Interstate 04:27PM 1035, and you will cross nine different boundary lines throughout 04:27PM 11those five districts. Why the African-American/Hispanic 04:27PM 12community that have voted in blocs for years in partnerships 04:27PM 13with like-minded Anglos was divided into five separate 04:27PM 14districts, but the majority Anglo portion of western Travis 04:27PM 15County is left completely intact. 04:27PM 16

And I'm showing you Defendants' Exhibit 676. Does this 04:27PM 17 Q.

reflect what you just described? 04:28PM 18Yes, it does. 04:28PM 19 A.

And did you hear any Anglo member of the House describe 04:28PM 20 Q.

the need to contain or maintain as a consolidated district a 04:28PM 21Anglo community near or next to Travis? 04:28PM 22

I did hear when we were discussing why -- why was the 04:28PM 23 A.

Travis County broken up. Why wasn't Travis County made whole, 04:28PM 24and a member, Harvey Hildebran, state rep from the western 04:28PM 25


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portion of the area around Kerrville, who was attempting to just 04:28PM 1make a point on an amendment that he was carrying shortly after 04:28PM 2me, that the purpose of separating Travis County was to ensure 04:28PM 3that rural counties, rural Anglo counties like Burnet and 04:28PM 4Johnson counties -- 04:28PM 5

You said rural, right? 04:29PM 6 Q.

Rural Anglo counties could stay as a whole. The state 04:29PM 7 A.

wouldn't be divided up, the arguments was if they had 04:29PM 8communities of interest that should stay intact, but there was 04:29PM 9no consideration given of the community of interest to eastern 04:29PM 10Travis County in east Austin. 04:29PM 11

Okay. Turn with me if you would to -- 04:29PM 12 Q.

JUDGE GRIFFITH: I'm sorry. I didn't catch it. Was there 04:29PM 13a name associated with that statement? I just didn't hear. 04:29PM 14

THE WITNESS: Harvey Hilderbran. 04:29PM 15JUDGE COLLYER: And he is a member of the House? 04:29PM 16THE WITNESS: He's a state rep, a republican state rep and 04:29PM 17

he represents the Kerrville area which is west of Travis County.04:29PM 18BY MR. DEVANEY: 04:29PM 19

If I could ask you, Representative Dukes, to look again 04:29PM 20 Q.

at Exhibit 676, and I apologize, the quality is not that great. 04:29PM 21But is it fair to say that the dark shading on that map 04:29PM 22

represents the combined African-American/Hispanic population in 04:29PM 23the Travis County area? 04:30PM 24

JUDGE COLLYER: Mr. Devaney, could you push that exhibit 04:30PM 25


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up a little. You can see it but we cannot. Thank you, sir. 04:30PM 1JUDGE GRIFFITH: What shading are you referring to?04:30PM 2MR. DEVANEY: The -- there's dark shading on the map.04:30PM 3THE WITNESS: The purple colored shading, is what I see on 04:30PM 4

this screen. Is that what we're talking about? 04:30PM 5BY MR. DEVANEY: 04:30PM 6

Yes. Yes, thank you. 04:30PM 7 Q.

All right. In the purple colored shading, it represents 04:30PM 8 A.

the areas of African-American and Hispanic precincts and census 04:30PM 9blocks. 04:30PM 10

Okay. And how many Congressional districts is that 04:30PM 11 Q.

majority population of blacks and Hispanic divided into under 04:30PM 12Plan C185? 04:30PM 13

Well, I can't see it anymore. 04:30PM 14 A.

Sorry.04:30PM 15 Q.

There are at least four of the five, because the one to 04:30PM 16 A.

the left, which is the light, light lavenderish color, that's an 04:31PM 17all Anglo community. 04:31PM 18

Thank you. Just a few more questions and we'll be done. 04:31PM 19 Q.

On the district viewer that is before you now, you will 04:31PM 20see Plan C166. Is this the plan that you proposed in the House? 04:31PM 21

Yes, sir. 04:31PM 22 A.

And Tori's been kind enough to focus in on District 25 04:31PM 23 Q.

for me. Is this a district that you addressed in particular in 04:31PM 24the map that you proposed over that 48-hour period? 04:31PM 25


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Absolutely. 04:31PM 1 A.

Why did you redraw 25 from what had been proposed in 04:31PM 2 Q.

C185? 04:31PM 3We were trying to bring the community of interest of 04:31PM 4 A.

Travis County African-American, Hispanic and Anglo communities 04:32PM 5that have worked for years and voted together for years into the 04:32PM 6Travis County boundary. There was absolutely no logical reason 04:32PM 7why an urban community with more than 1.2 million constituents, 04:32PM 8that it's well-known throughout the state that Travis County is 04:32PM 9different than the rest of the State of Texas. We have the 04:32PM 10lovely moniker of being known as "Keep Austin Weird," and 04:32PM 11everything else that goes along with that, why our community 04:32PM 12would have been separated. So I attempted to bring that 04:32PM 13community back together, but at the same time, Congressman 04:32PM 14McCaul who represented the northern portion, the republican 04:32PM 15portion of the area, wanted us to not interfere with his 04:32PM 16constituency, but to bring back into District 25 04:33PM 17African-American/Hispanic boxes that were in the upper 04:33PM 18northeastern Pflugerville community that had been drawn out ten 04:33PM 19years ago that have absolutely nothing in common with the 04:33PM 20majority of republican boxes in Harris County because 04:33PM 21African-Americans, 98 percent of the time, and Hispanics, 04:33PM 2280 percent of the time, will vote in a democratic primary, and 04:33PM 23if, as C185 did, you place African-American boxes and Hispanic 04:33PM 24boxes that we combined, are able to elect the candidate of their 04:33PM 25


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choice in districts that are republican majority, they have no 04:33PM 1impact on the outcome. 04:33PM 2

And if I could ask you to focus in on the same map, 04:33PM 3 Q.

District 15, Hildalgo County. 04:33PM 4While Torrey is finding that, let me ask you: Did the 04:34PM 5

District 15 that you created in your proposed map also reflect 04:34PM 6one of the concerns you had about C185? 04:34PM 7

Yes. District 15 was proposed to create an additional 04:34PM 8 A.

Hispanic district in the valley where there has been a huge 04:34PM 9population surge. As well, it allowed for making Travis County 04:34PM 10more compact, making San Antonio more compact and making the 04:34PM 11valley more compact in the direction of the geographical areas.04:34PM 12

And so your desire is to create another Hispanic ability 04:34PM 13 Q.

district in southern Texas because of the growth? 04:34PM 14Yes, sir. 04:34PM 15 A.

Were you able to do that? 04:34PM 16 Q.

Yes, we did. 04:34PM 17 A.

JUDGE COLLYER: And you are now looking at what exhibit?04:34PM 18MR. DEVANEY: This is part of district viewer, it is C166, 04:35PM 19

and you need an exhibit number. 04:35PM 20JUDGE COLLYER: I need an exhibit number.04:35PM 21MR. DEVANEY: And the exhibit number would -- 04:35PM 22JUDGE COLLYER: The people that know all things are the 04:35PM 23

ones that -- 04:35PM 24MR. DEVANEY: 692. 04:35PM 25


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JUDGE COLLYER: 692. Thank you.04:35PM 1BY MR. DEVANEY: 04:35PM 2

And my concluding questions for you, Representative 04:35PM 3 Q.

Dukes, relate to Congressional District 25. Under the benchmark 04:35PM 4plan, C100, is it your view that -- well, tell me what your view 04:35PM 5is as to whether African-Americans and Hispanic voters had the 04:35PM 6ability to elect the Congressional candidate of their choice?04:35PM 7

Absolutely beyond a shadow of a doubt, and there was a 04:35PM 8 A.

contested election in -- between Congressman Doggett and a 04:35PM 9county judge from the valley. The numbers and the turnout in 04:36PM 10the precincts and African-American and Hispanics in Travis 04:36PM 11County, no doubt, took Congressman Doggett over the top to win 04:36PM 12re-election. 04:36PM 13

And was that the operation of the Tri-Ethnic Coalition 04:36PM 14 Q.

that you described earlier? 04:36PM 15Absolutely. 04:36PM 16 A.

Under Plan C185, what is your view as to whether 04:36PM 17 Q.

Hispanics -- Hispanics and African-American voters, who 04:36PM 18previously could elect the candidate of their choice in CD25, 04:36PM 19have that ability today? 04:36PM 20

The candidate of choice of African-Americans and 04:36PM 21 A.

Hispanics or the majority in Travis County is -- would have been 04:36PM 22to re-elect Lloyd Doggett. If Lloyd Doggett had to run in the 04:36PM 23district under C185, Travis County's 200-plus boxes -- voters 04:36PM 24from Hispanic boxes are the -- 04:36PM 25


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200,000-plus? 04:37PM 1 Q.

200,000 -- I'm sorry, 200,000-plus, are the lowest 04:37PM 2 A.

turnout precincts in Travis County, the lowest turnout. And it 04:37PM 3was paired with boxes in San Antonio, 75 miles away, in Bexar 04:37PM 4County, basically drawing a strip annex along Interstate 35 04:37PM 5that, if it was annexation policy for any city, our legislature 04:37PM 6would slap it down as being illegal. 04:37PM 7

With the 300, about 350-plus voters in precincts with the 04:37PM 8highest turnout of Hispanics in Bexar County, making it almost 04:37PM 9impossible for Travis County Hispanics and African-Americans to 04:37PM 10have an influence on the vote for the person of their choice.04:37PM 11

MR. DEVANEY: Thank you, Representative Dukes, I 04:37PM 12appreciate it. I pass the witness. 04:37PM 13

MS. COLMENERO: Just one moment so we can set up. 04:37PM 14CROSS-EXAMINATION OF REPRESENTATIVE DAWNNA DUKES04:38PM 15

BY MS. COLMENERO:04:38PM 16Angela Colmenero for the State of Texas, Your Honors. 04:38PM 17 Q.

Good afternoon, Representative Dukes. 04:39PM 18Good afternoon. 04:39PM 19 A.

I want to talk to you a little bit about the Tri-Ethnic 04:39PM 20 Q.

Coalition that you spoke with Mr. Devaney about. This 04:39PM 21Tri-Ethnic Coalition is comprised of Anglos, Latinos and 04:39PM 22African-Americans, correct? 04:39PM 23


And the Tri-Ethnic Coalition as you described it is kind 04:39PM 25 Q.


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of composed of a select group of leaders and community 04:40PM 1organizations within Travis County, correct? 04:40PM 2

There is the variation of select leaders, but also it's 04:40PM 3 A.

about the voters as well, and our voters in Travis County may be 04:40PM 4different from other areas, they really do vote alike, 04:40PM 5African-Americans, Hispanics, and Anglos. 04:40PM 6

And these leaders and community organizations who are 04:40PM 7 Q.

part of this Tri-Ethnic Coalition, they select candidates in 04:40PM 8order to run for offices within countywide elections; is that 04:40PM 9correct? 04:40PM 10

The candidates seek the endorsements of those 04:40PM 11 A.

organizations. 04:40PM 12Okay. And Travis County, as you mentioned, is a majority 04:40PM 13 Q.

Anglo county, correct? 04:40PM 14That is correct. 04:40PM 15 A.

And Travis County is also a highly democratic county, 04:40PM 16 Q.

too, isn't it? 04:40PM 17Yes, it is. 04:40PM 18 A.

And every time this group of individuals, as well as 04:40PM 19 Q.

leaders selects or -- I'm sorry, I'll use your term -- endorses 04:41PM 20a candidate to support, it selects a democratic candidate, 04:41PM 21doesn't it? 04:41PM 22

Well, these are democratic organizations that I was 04:41PM 23 A.

referring to as this coalition, yes. 04:41PM 24So they do select a democratic candidate each time to 04:41PM 25 Q.


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endorse, correct? 04:41PM 1The candidates request the endorsement of these 04:41PM 2 A.

organizations, yes. 04:41PM 3Okay. And then whoever wins the support of this group, 04:41PM 4 Q.

it wins the general election in Travis Countywide elections, 04:41PM 5don't they? 04:41PM 6

Whoever wins the primary ends up winning the general. 04:41PM 7 A.

And in order to win the primary, they have to get the 04:41PM 8 Q.

endorsements of the group of leaders and individuals in the 04:41PM 9community, correct? 04:41PM 10

Not on every single occasion. 04:41PM 11 A.

Okay. I want to talk a little bit about the exhibit that 04:41PM 12 Q.

Mr. Devaney showed you during your direct examination, and I 04:41PM 13need to find the exhibit number so I can make sure I quote it 04:42PM 14correctly, and I think it's D671 is the one I'm going to be 04:42PM 15referring to. And this is a list of Travis County general 04:42PM 16elections and it identifies minorities who have won certain 04:42PM 17elections within Travis County, correct? 04:42PM 18

I don't see what you're looking at. 04:42PM 19 A.

Let me pull it up for you. This is what is marked as 04:42PM 20 Q.

Plaintiff's Exhibit D671.04:42PM 21Okay.04:42PM 22 A.

And there are three pages here where the minority -- that 04:42PM 23 Q.

identifies minority winners in certain general elections within 04:42PM 24Travis County, correct? 04:42PM 25


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And I just want to talk a little bit about some of the 04:43PM 2 Q.

elections that have been listed in this chart here, and 04:43PM 3specifically, I want to talk about, for example, the individual 04:43PM 4who was elected to the county attorney race, that's Mr. David 04:43PM 5Escamilla, and Mr. Escamilla is Hispanic, correct? 04:43PM 6

Yes. 04:43PM 7 A.

And Mr. Escamilla was first elected to county attorney, 04:43PM 8 Q.

as you see on Page 1, in 2004, correct? 04:43PM 9That's what it says. 04:43PM 10 A.

Now, this document right here, which is D671, this 04:43PM 11 Q.

doesn't tell you whether or not Mr. Escamilla had an opponent in 04:43PM 12the primary, does it? 04:43PM 13

No, it does not. 04:43PM 14 A.

Do you know whether Mr. Escamilla had an opponent in the 04:43PM 15 Q.

primary? 04:43PM 16I'm not certain if he did, but I can tell you that a lot 04:43PM 17 A.

of times with -- our Tri-Ethnic Coalition will work to have a 04:43PM 18candidate of its choice as the only one running, but I don't 04:44PM 19know. You'll have an opportunity to ask David Escamilla next 04:44PM 20week when he comes. 04:44PM 21

And you haven't performed any analysis with respect to 04:44PM 22 Q.

primary elections in Travis County to determine whether or not 04:44PM 23there's cohesiveness between African-American voters and 04:44PM 24Hispanic voters within the community, have you? 04:44PM 25


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Every election, just as a political junkie and because I 04:44PM 1 A.

follow it, I follow those races on election night. I don't 04:44PM 2create spreadsheets to keep of any election except for my own to 04:44PM 3know exactly what the turnouts have been, but I always keep a 04:44PM 4very keen eye out for what boxes are turning out and how 04:44PM 5African-American and Hispanic communities are voting. A large 04:44PM 6part of that comes from my father having run so many campaigns 04:44PM 7and I do -- I have always managed my own campaign and needed 04:44PM 8that knowledge. 04:45PM 9

I'll tell you that there have been lists that have been 04:45PM 10provided and maps through the Austin American-Statesman, which 04:45PM 11is our daily newspaper, that have shown in general elections in 04:45PM 12Travis County that if you do not win the Hispanic and 04:45PM 13African-American boxes that are largely located in the central 04:45PM 14portion of Travis County, then you are not going to win an 04:45PM 15election in Travis County without the progressive Anglo black 04:45PM 16and Hispanic communities. I may not have an Excel spreadsheet, 04:45PM 17but I can tell you I know my county.04:45PM 18

Okay. Well, let's just take a look at Mr. Escamilla's 04:45PM 19 Q.

race. And I pulled some of the election results from Travis 04:45PM 20County so I'm going to pull those up real fast. 04:45PM 21

And if you look down in the middle of the page that I 04:45PM 22have up on your screen, it shows the county attorney race, this 04:45PM 23is the democratic primary results for the county attorney race, 04:45PM 24and you see Mr. Escamilla's name right there in -- right in the 04:46PM 25


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middle, and he does not have an opponent in the democratic 04:46PM 1primary, does he? 04:46PM 2

No, and I also -- 04:46PM 3 A.

JUDGE COLLYER: What's the relevance of this? I mean, 04:46PM 4we've now spent five minutes on Mr. Escamilla running for county 04:46PM 5attorney. I don't quite understand whether he has a primary 04:46PM 6opponent or not or why we care that he's county attorney. 04:46PM 7

MS. COLMENERO: I was going to ask my -- I was trying to 04:46PM 8establish, Your Honor, that there can be no cohesion between 04:46PM 9Hispanic and African-American voters in primaries when they're 04:46PM 10not truly given the choice of what candidate they want to select 04:46PM 11when there is no opponent in the primary. 04:46PM 12

JUDGE COLLYER: So what difference does that make? 04:46PM 13MS. COLMENERO: In order to establish there's no cohesion 04:46PM 14

among voters within the Hispanic and African-American communities 04:46PM 15in Travis County in primaries, which is one of the points that we 04:46PM 16made in our opening in this case. 04:46PM 17

JUDGE COLLYER: Yes, and what difference does that make? 04:46PM 18MS. COLMENERO: In order to determine whether or not 04:47PM 19

there's racially polarized voting. There has to be cohesion 04:47PM 20between these two groups that they claim that there is a 04:47PM 21coalition of voters that exist in that case. 04:47PM 22

JUDGE COLLYER: In the primaries? Is that what they 04:47PM 23claimed, in the primaries? 04:47PM 24

MS. COLMENERO: Well -- 04:47PM 25


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JUDGE COLLYER: I mean, what is the point? I don't 04:47PM 1understand what the primaries -- I don't mean to interrupt your 04:47PM 2questioning. You can go on with your evidence, but I don't 04:47PM 3understand the point that you're trying to make with primaries. 04:47PM 4I really have to tell you it's just as well over my head or under 04:47PM 5my head or something, I don't know, or around my body. I don't 04:47PM 6understand it. 04:47PM 7

MS. COLMENERO: If -- 04:47PM 8JUDGE COLLYER: Well, you know, you're questioning the 04:47PM 9

witness. Excuse me, ma'am, I interrupted you. You go right 04:47PM 10ahead and then at some point you can explain to me why I care 04:47PM 11about primaries because I don't understand it. 04:47PM 12

MS. COLMENERO: Yes, Your Honor. 04:47PM 13JUDGE COLLYER: Sorry, Mr. Mortara. Go on. I was just 04:47PM 14

trying to get a quick explanation but I can't understand it, but 04:47PM 15go ahead. 04:47PM 16

MR. MORTARA: Your Honor, we would propose we'll file a 04:47PM 17three-page bench brief tonight about why primaries are important 04:48PM 18or I'll answer your question right now. I don't want you to lose 04:48PM 19the importance of the examination. 04:48PM 20

JUDGE COLLYER: I don't want to lose the importance of the 04:48PM 21examination, but I don't want you to work overnight either. 04:48PM 22

MR. MORTARA: I can answer your question right now. 04:48PM 23JUDGE COLLYER: Well, why don't you wait until the 04:48PM 24

examination is over so we don't lose the importance of the 04:48PM 25


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examination, but I certainly don't want you staying up or 04:48PM 1somebody else, let's say, on the team, more likely, staying up to 04:48PM 2write it. 04:48PM 3

MR. MORTARA: Your Honor, it's actually already written in 04:48PM 4response to Judge Howell's questions in my opening, but we 04:48PM 5cleared the filing of paper on the Court during this time, so -- 04:48PM 6

JUDGE COLLYER: Oh, well, don't have any fear, you've 04:48PM 7already given us how many pages, 18,000. Pile it on, you know. 04:48PM 8We're quick readers. 04:48PM 9

MR. MORTARA: We've only been on the case for three weeks 04:48PM 10so Mr. Keller is accusing myself of only giving you a few 04:48PM 11thousand pages. 04:48PM 12

JUDGE COLLYER: So I should blame the Office on the 04:48PM 13Attorney General, is that the answer? 04:48PM 14

MR. MORTARA: No. 04:48PM 15JUDGE COLLYER: No? Okay. They're your client, right? 04:48PM 16MR. MORTARA: Correct. 04:49PM 17JUDGE COLLYER: Right. Okay. Then we won't blame them 04:49PM 18

for sure. Okay. I'm sorry. I interrupted you completely, but I 04:49PM 19just -- I'll tell you honestly, I don't understand, but I'm going 04:49PM 20to get an answer so feel free to go ahead. 04:49PM 21

MS. COLMENERO: Thank you, Your Honor. 04:49PM 22BY MS. COLMENERO:04:49PM 23

I'll continue Representative Dukes along the line that 04:49PM 24 Q.

you were looking at, the democratic primary results for 04:49PM 25


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Mr. Escamilla in the county attorney race, and just by -- he was 04:49PM 1the only candidate for the democratic primary for county 04:49PM 2attorney, correct? 04:49PM 3

Yes, but I'm glad you brought this one up to show that 04:49PM 4 A.

David was the only person in the county attorney democratic 04:49PM 5race. But if you look just below the county commissioner 04:49PM 6precinct one democratic race, it's Celia Israel, who is 04:49PM 7Hispanic, ran against Ron Davis who is African-American and 04:49PM 8Arthur Sampson who is African-American and Kathy Bedford who is 04:49PM 9Anglo, and Ron Davis won with 51.83 percent of the vote and 04:50PM 10since African-Americans and Hispanics do not make up the 04:50PM 11majority in Travis County, he clearly had a coalition of voters 04:50PM 12there. 04:50PM 13

If you look at the sheriff's race you see Kyle Kincaid, 04:50PM 14Anglo, Greg Hamilton, African-American, Todd Radford, Anglo, 04:50PM 15Raymond Frank, former county sheriff, Anglo, running against 04:50PM 16Greg Hamilton, African-American won with 54.33 percent of the 04:50PM 17vote. Travis County is only 59 percent African-American, so 04:50PM 18clearly, he had African-American and Hispanic support in that 04:50PM 19primary race. 04:50PM 20

And just by looking at the percentages here, you can't 04:50PM 21 Q.

tell what percentage of Latinos voted for a specific candidate 04:50PM 22who prevailed in the democratic primary can you? 04:50PM 23

If you look at the precincts, you could probably tell.04:50PM 24 A.

And you can't tell by looking at this data how many 04:50PM 25 Q.


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voters who were African-Americans voted for any specific 04:50PM 1candidate who prevailed in this primary, can you? 04:51PM 2

That information is available at the county levels and we 04:51PM 3 A.

do look to that, because when we block walk we want to make sure 04:51PM 4that we block walk and talk to anyone who has voted in the last 04:51PM 5two, three or four democratic primaries. 04:51PM 6

And looking at what would have been marked as Plaintiff's 04:51PM 7 Q.

Exhibit D71, David Escamilla also ran for county attorney 04:51PM 8in 2008. I'm just using him as an example here, and he also 04:51PM 9didn't have a challenger in that race in the democratic primary 04:51PM 10either, did he? 04:51PM 11

I don't know. I'm looking at 2004 on the screen. 04:51PM 12 A.

And I can show you that just to confirm that. 04:51PM 13 Q.

JUDGE COLLYER: And what is the exhibit number of this 04:51PM 14one? 04:51PM 15

MS. COLMENERO: That is Plaintiff's Exhibit P140. 04:51PM 16JUDGE COLLYER: I thought this was D671. 04:51PM 17MS. COLMENERO: No, Your Honor, D671 is the chart that 04:51PM 18

Mr. Devaney showed. 04:51PM 19JUDGE COLLYER: Oh, I missed. I'm sorry. Forgive me. 04:52PM 20

What was the number of this? 04:52PM 21MS. COLMENERO: That was Plaintiff's Exhibit 140. 04:52PM 22JUDGE COLLYER: Thank you. Thank you. Sorry. Forgive 04:52PM 23

me. Go ahead. 04:52PM 24BY MS. COLMENERO:04:52PM 25


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And in 2008 Mr. Escamilla did not have a challenger in 04:52PM 1 Q.

the democratic primary, did he? 04:52PM 2No, he didn't, but the county tax assessor, Nelda Wells 04:52PM 3 A.

Spears, who is African-American, was opposed by Glen Maxey, 04:52PM 4who's an Anglo male, a progressive democrat, former state 04:52PM 5representative, and Nelda Wells Spears, the African-American, 04:52PM 6still won with 74 percent of the vote. So, clearly, she had a 04:52PM 7strong base of support from African-American and Hispanics, and 04:52PM 8if you probably flip the next page you would see that I was also 04:52PM 9opposed in that 2008 primary by an Anglo male and I was able to 04:52PM 10win that race with greater than 63 percent of the vote and 04:52PM 11clearly had African-American Hispanic and Anglo support. 04:53PM 12

So with respect to certain individuals who were listed on 04:53PM 13 Q.

Plaintiff's Exhibit D71, did all these individuals have the 04:53PM 14support of the Tri-Ethnic Coalition in Travis County? 04:53PM 15

I'm not following your question clearly. 04:53PM 16 A.

Sure. In Plaintiff's Exhibit D71 which has -- 04:53PM 17 Q.

Is this D71? 04:53PM 18 A.

Yeah, I can pull it up for you. 04:53PM 19 Q.

All the individuals on this sheet, the minority 04:53PM 20candidates, had the support of the Tri-Ethnic Coalition in 04:53PM 21Travis County, correct? 04:53PM 22

To the best of my knowledge, yes. 04:53PM 23 A.

Okay. And let me just ask you this: When a small group 04:53PM 24 Q.

in a community like Travis County -- and I'm from there, like 04:53PM 25


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you -- get together and they pick candidates who they want to 04:53PM 1run or endorse in a democratic primary, and they know that these 04:53PM 2candidates may not have any opposition in the general election, 04:54PM 3wouldn't you agree with me that that's not truly voters at work, 04:54PM 4that's just the political operation or machine at work? 04:54PM 5

No, I wouldn't agree with you. 04:54PM 6 A.

And it would -- what's choosing the candidates here is 04:54PM 7 Q.

not a coalition of voters, it's a select group of individuals or 04:54PM 8leaders within the community? 04:54PM 9

Ma'am, you still have to go out, each of the candidates, 04:54PM 10 A.

and work the neighborhoods and express their views to community 04:54PM 11groups in order to garner the vote. I'll, you know, give you an 04:54PM 12example. In 2008 when I was challenged by a progressive gay 04:54PM 13white male, he was able to garner the endorsements of all of the 04:54PM 14central democratic organizations, but not the African-American 04:54PM 15or the Black Democrats or the Mexican-American Tejano Democrats, 04:54PM 16nor labor organizations. He got every endorsement and I still 04:55PM 17beat him like a drum, so it's not a selection process, it's 04:55PM 18because I went out and continued to work the community and 04:55PM 19African-Americans, Hispanics and Anglos who are the voters in 04:55PM 20our community, vote for the person, individual of their choice. 04:55PM 21Oftentimes, the vast majority of the time, the organizations 04:55PM 22will support and their candidates will be elected. But I want 04:55PM 23to be clear, our Tri-Ethnic Coalition is the voters in Travis 04:55PM 24County voters. We have no king pen, or king makers who can just 04:55PM 25


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determine what goes on if the voters don't agree, because just 04:55PM 1like businesses can't vote, those organizations just make 04:55PM 2endorsements. The voters determine who wins the election. 04:56PM 3

Well, thank you for your response, Representative Dukes. 04:56PM 4 Q.

I want to move on now to talking about the Congressional 04:56PM 5hearings. And one of the things that Mr. Devaney mentioned and 04:56PM 6spoke with you about were some of the hearings that were held 04:56PM 7during the interim legislative process, and that would have been 04:56PM 8during the 2010 time period, correct? 04:56PM 9

Yes. 04:56PM 10 A.

And one of the things you mentioned today is that there 04:56PM 11 Q.

were no public hearings held on the Congressional plans during 04:56PM 12the legislative session on public plans, correct? 04:56PM 13

On plans and drawings of maps that were presented to the 04:56PM 14 A.

public. 04:56PM 15And -- 04:56PM 16 Q.

Or I should say C185 was not presented to the public for 04:56PM 17 A.

a public hearing. 04:56PM 18And back in the 2001 round of redistricting, were there 04:56PM 19 Q.

interim hearings held before the legislative session at that 04:56PM 20period of time? 04:57PM 21

I believe Delwin Jones did hold some interim hearings and 04:57PM 22 A.

he had strictly the redistricting committee. 04:57PM 23And during the 2001 legislative session, were public 04:57PM 24 Q.

hearings held in various locations around the state? 04:57PM 25


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I don't recall. 04:57PM 1 A.

You also spoke with Mr. Devaney about Congressional 04:57PM 2 Q.

District 35 -- I'm sorry, 25. And that district is represented 04:57PM 3by Congressman Lloyd Doggett, correct? 04:57PM 4


And he is an Anglo democrat, correct? 04:57PM 6 Q.


And under the benchmark plan, are you aware of what the 04:57PM 8 Q.

demographic levels in his district are? 04:57PM 9I am fairly familiar with them, but off the top of my 04:57PM 10 A.

head right now I don't have the statistics. 04:57PM 11Okay. Do you know what the level of -- the Hispanic 04:57PM 12 Q.

Citizen Voting Age Population is within his district? 04:57PM 13With HCVAP -- the HCVAP wasn't discussed during our 04:57PM 14 A.

legislative session. That's something that only came up during 04:57PM 15the San Antonio trials, so I don't know what that number is, but 04:57PM 16it definitely was a district that has a majority of Hispanic. 04:58PM 17

And are you aware of whether or not Hispanics and 04:58PM 18 Q.

African-Americans combine to form a majority within the 04:58PM 19Congressional District 25 in the benchmark plan?04:58PM 20

Yes. 04:58PM 21 A.

And do they? 04:58PM 22 Q.

Yes. 04:58PM 23 A.

So, combined African-Americans and Latinos form a 04:58PM 24 Q.

50 percent-plus majority in the benchmark plan? 04:58PM 25


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I vaguely recall that if you even -- if you looked at the 04:58PM 1 A.

African-American/Hispanic percentages, even if you looked at 04:58PM 2your HCVAP that was shown to me by your office, it was greater 04:58PM 3than 55 percent. 04:58PM 4

Okay. Well, I'll submit to you that a Red Apple report 04:58PM 5 Q.

may show differently. 04:58PM 6And in the enacted plan that was passed by the 04:58PM 7

legislature, which was Plan C185, did -- excuse me, did -- in 04:58PM 8Plan C185 there was a new Latino majority district that was 04:59PM 9created between Austin and San Antonio, correct? 04:59PM 10

Yes, there was. 04:59PM 11 A.

And that was District 35, correct? 04:59PM 12 Q.

That's what it was labeled, yes. 04:59PM 13 A.

And District 35 went into the southern portion of Travis 04:59PM 14 Q.

County, correct? 04:59PM 15A much smaller portion of Travis County than what CD25 04:59PM 16 A.

previously had been. 04:59PM 17And you mentioned Travis County in the enacted plan is 04:59PM 18 Q.

now split into, I believe, you said five districts; is that 04:59PM 19correct? 04:59PM 20

It is absolutely split into five districts. 04:59PM 21 A.

And one of those districts that goes into Travis County 04:59PM 22 Q.

is this new Latino opportunity district, CD35, correct? 04:59PM 23It is a configured old CD25. It's not really a new CD35. 04:59PM 24 A.

And are you aware that the concept for Congressional 04:59PM 25 Q.


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District 35 was brought about at the request of MALDEF during 04:59PM 1the legislative process? 04:59PM 2

No, because we tried to find out who was drawing the maps 05:00PM 3 A.

and who was making the request throughout the entire session, 05:00PM 4and even as a sitting member of the legislature, we weren't able 05:00PM 5to find that out, so I don't -- I did not know that for a fact 05:00PM 6because no one would share any information with us. 05:00PM 7

JUDGE COLLYER: Excuse me. I need to clarify something 05:00PM 8you just said because it's important, at least to me. 05:00PM 9

You just said something about, and do you know that the 05:00PM 10concept of C35 was proposed by MALDEF, what did that mean? 05:00PM 11

MS. COLMENERO: Well, Your Honor, I was trying to -- the 05:00PM 12concept, the idea for a Congressional district that ran between 05:00PM 13Austin and San Antonio, was proposed during the legislative 05:00PM 14session and -- 05:00PM 15

JUDGE COLLYER: I just wanted to know what the concept was 05:00PM 16to which you were referring. 05:00PM 17

MS. COLMENERO: Okay. 05:00PM 18Your Honor, no further questions. 05:01PM 19JUDGE COLLYER: Okey-dokey. 05:01PM 20JUDGE HOWELL: I'd like to ask a question: Representative 05:01PM 21

Dukes, during the time that you were creating your plan over that 05:01PM 2248-hour weekend, were you also paying attention when you were 05:01PM 23drawing your potential alternative map to compliance with the 05:01PM 24Voting Rights Act? 05:01PM 25


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THE WITNESS: Yes, ma'am. 05:01PM 1JUDGE HOWELL: And were you paying attention to how many 05:01PM 2

minority ability to elect districts there might be or there were 05:01PM 3to be counted in the benchmark plan so that you would have at 05:01PM 4least that same number? 05:01PM 5

THE WITNESS: Yes, ma'am, and we exceeded that number. 05:01PM 6JUDGE HOWELL: And what was the number of benchmark 05:01PM 7

minority ability to elect districts that you are operating under 05:01PM 8as you were preparing your plan? 05:01PM 9

THE WITNESS: The total number -- I want to say it was 05:02PM 10closer to 10 or 11 that were in the benchmark plan and we 05:02PM 11couldn't -- 05:02PM 12

JUDGE HOWELL: I guess we have to specify for, let's say 05:02PM 13for the house plan? 05:02PM 14

THE WITNESS: Let me back up. I'm thinking of the Texas 05:02PM 15House of Representatives and not the Congressional map. 05:02PM 16

JUDGE HOWELL: Well, let me just start with the -- was 05:02PM 17there a -- for all the plans, did the legislators have in their 05:02PM 18mind what the benchmark number of minority ability to elect 05:02PM 19districts were that had to be in the House plan, the Senate plan 05:02PM 20and the Congressional plan? And if so, what was that number, if 05:02PM 21you recall? 05:02PM 22

THE WITNESS: From the democratic perspective, we had 05:02PM 23viewed that the population growth in Texas was a little over 05:02PM 244 million, that would have allowed for four additional 05:02PM 25


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Congressional seats in Texas to be drawn. At least three of 05:03PM 1those seats, because of the compactness of Hispanic population 05:03PM 2growth and the compactness of the community in the 05:03PM 3Dallas/Ft. Worth area, that at least three of those districts 05:03PM 4could be majority minority impact districts. Two, at least two 05:03PM 5that could be Hispanic, and one that would be an African-American 05:03PM 6influenced district. And so most of us took that into 05:03PM 7consideration in the drawing of our districts, but also in trying 05:03PM 8to not deviate from the previous map or the baseline map too much 05:03PM 9of the Congressional districts, and to ensure that we were giving 05:03PM 10consideration to what other communities had proposed and other 05:03PM 11Congressional members had proposed for those districts. So we 05:03PM 12felt a local community knows its community better than someone 05:04PM 13else, and part of the real problem that I had with some 05:04PM 14statements that were made to me during the debate by my 05:04PM 15republican colleagues in saying that MALDEF supported a certain 05:04PM 16concept, was that that's not the Travis County Hispanic democrats 05:04PM 17or Hispanic voters who were supporting that concept. I 05:04PM 18appreciate a national organization, but my local community knows 05:04PM 19my local community better and we were trying to keep those -- 05:04PM 20that information into consideration. 05:04PM 21

JUDGE COLLYER: All right. Let's take a break, because 05:04PM 22it's a little after 5. We're supposed to take a break at 5. 05:04PM 23We'll be back. 05:04PM 24

MR. MORTARA: After the break can we take five minutes of 05:04PM 25


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our time on this coalition issue? 05:04PM 1JUDGE COLLYER: Yes, yes. 05:04PM 2(Thereupon, a break was had from 5:04 p.m. until 05:04PM 3

5:22 p.m.)05:04PM 4THE COURTROOM CLERK: You may be seated, please, and come 05:22PM 5

to order. 05:22PM 6JUDGE COLLYER: Mr. Mortara, go ahead. 05:22PM 7MR. MORTARA: Your Honor, very briefly. I would like to 05:22PM 8

discuss this issue of coalition districts and primary elections. 05:22PM 9There is a dispute between Texas and some of the defendants about 05:22PM 10whether it's necessary to show cohesiveness between different 05:22PM 11ethnic groups in the democratic primary to show voting rights 05:22PM 12protection. This all starts because -- 05:22PM 13

MR. DEVANEY: Your Honor, I'm sorry to interrupt, but are 05:22PM 14we done with the examination of this witness. 05:23PM 15

MR. MORTARA: I don't think that we are, Your Honor, 05:23PM 16because I think that -- 05:23PM 17

JUDGE COLLYER: Well, let's finish. I did think we were. 05:23PM 18Forgive me. 05:23PM 19

MR. MORTARA: No, we are done, but I don't think they're 05:23PM 20all done. 05:23PM 21

JUDGE COLLYER: Right. Let's finish with the witness. I 05:23PM 22thought we were done, and I told Mr. Mortara he could address 05:23PM 23this now, but that's because I thought we were done. 05:23PM 24

It's Ms. Perales. I didn't recognize that you were coming 05:23PM 25


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up next. 05:23PM 1MS. PERALES: It was the sea of men I had to pass through 05:23PM 2

to get to the podium, Your Honor. 05:23PM 3JUDGE COLLYER: Oh, yes. 05:23PM 4MS. PERALES: Very, very nice people, all of them. 05:23PM 5CROSS-EXAMINATION OF REPRESENTATIVE DAWNNA DUKES05:23PM 6

BY MS. PERALES: 05:23PM 7Tori, can you put on C1 22, please? 05:23PM 8 Q.

MS. PERALES: Good afternoon, Your Honor. Nina Perales 05:23PM 9for the Latino Task Force plaintiffs. Can we zoom into that pink 05:23PM 10district 35 a little bit. Thank you. 05:23PM 11BY MS. PERALES: 05:23PM 12

Good afternoon, Representative Dukes.05:23PM 13 Q.

Good afternoon.05:23PM 14 A.

I have just a couple of questions for you. Do you recall 05:23PM 15 Q.

that in April that plan C122 was made public and it was labeled 05:24PM 16the MALDEF Congressional proposal, that it was, in fact, a 05:24PM 17proposal that was rolled out by the Texas Latino Redistricting 05:24PM 18Task Force? 05:24PM 19

I'm sorry, it has the wrong number on it. It's whatever 05:24PM 20is the I-35 District. 05:24PM 21

Do you recall that happening in April during the session? 05:24PM 22I'm sorry to say, but I serve on appropriations, and in 05:24PM 23 A.

April I'm not paying attention to a lot of things other than the 05:24PM 24budget. 05:24PM 25


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I know you must have been very busy, representative. 05:24PM 1 Q.

Will you observe for me or point out for the Court whether this 05:24PM 2proposed district does extend into Travis County? 05:24PM 3


And it also extends into Bexar County, yes? 05:24PM 5 Q.


At any point did you become aware whether this district 05:25PM 7 Q.

was a Latino majority district? 05:25PM 8That would be an assumption because of where the district 05:25PM 9 A.

is drawn geographically. 05:25PM 10And you mentioned earlier that Congressman Lloyd Doggett 05:25PM 11 Q.

who represents Congressional District 25, you mentioned before 05:25PM 12that he was Anglo, correct? 05:25PM 13


And is Congressional District 25 a Hispanic majority 05:25PM 15 Q.

district? 05:25PM 16Yes, it is. 05:25PM 17 A.

A Hispanic majority district? 05:25PM 18 Q.

No, not just -- it's a coalition. 05:25PM 19 A.

So it has Hispanics which are not the majority, 05:25PM 20 Q.

African-Americans which are not the majority, correct? 05:25PM 21Correct. With the combination, it's the minority 05:25PM 22 A.

majority. 05:25PM 23And now, just for the purposes of the Court, Torrey, can 05:25PM 24 Q.

you leave the map where it is but select a different base plan, 05:25PM 25


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please, C185. 05:26PM 1MS. PERALES: And for the Court I will simply point out 05:26PM 2

that the plans are numbered by the order in which they were made 05:26PM 3public during the process. Do you recognize this, 05:26PM 4Representative Dukes, as the final version of the State's 05:26PM 5enacted Congressional plan? 05:26PM 6

Yes. 05:26PM 7 A.

And is there also an I-35 District that runs from Bexar 05:26PM 8 Q.

County to Travis County? 05:26PM 9In this plan? 05:26PM 10 A.

Yes. 05:26PM 11 Q.

Yes, it is. 05:26PM 12 A.

But it's not exactly the same, is it? 05:26PM 13 Q.

No. As a matter of fact, you could do -- ask to do an 05:26PM 14 A.

overlay and you would be able to overlay the C122 on top of the 05:26PM 15C185 and see both at the same time and see there is a 05:26PM 16difference. 05:26PM 17

Yes. Do you know whether this District 35 in the State's 05:26PM 18 Q.

plan is a Hispanic majority district? 05:26PM 19This is what we were told. 05:27PM 20 A.

And finally, you had mentioned earlier a very significant 05:27PM 21 Q.

political figure in Travis County, Senator -- now former 05:27PM 22senator -- Gonzalo Barrientos. Do you recall that testimony? 05:27PM 23

That he was elected, yes. 05:27PM 24 A.

And Senator Barrientos served in Travis County for many 05:27PM 25 Q.


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years, didn't he? 05:27PM 1He's a good friend of mine. 05:27PM 2 A.

Yes. And he is Hispanic, isn't he? 05:27PM 3 Q.

Oh, yes. 05:27PM 4 A.

And he supported this I-35 District, didn't he? 05:27PM 5 Q.

I do not know that because when I spoke to him he did not 05:27PM 6 A.

tell me personally. 05:27PM 7Thank you very much. 05:27PM 8 Q.

MS. PERALES: I pass the witness. 05:27PM 9REDIRECT EXAMINATION OF REPRESENTATIVE DAWNNA DUKES05:27PM 10

BY MR. DEVANEY: 05:27PM 11Representative Duke, I just have one follow-up, and that 05:27PM 12 Q.

is the racial make up of CD25. You testified that you thought 05:27PM 13it was majority minority when you combined black and Hispanic 05:28PM 14together. Do you recall that? 05:28PM 15

Yes. 05:28PM 16 A.

You've not looked at the precise statistics, though, to 05:28PM 17 Q.

determine if that's true; is that correct? 05:28PM 18That is correct, if we're talking C25. And I do 05:28PM 19 A.

apologize, but now I'm asking you, what map are we talking 05:28PM 20about? 05:28PM 21

Fair question, fair question. We're talking about the 05:28PM 22 Q.

benchmark --05:28PM 23-- CD 100 plan.05:28PM 24 A.

CD100, and I'm going to ask Torrey to pull up the Red 100 05:28PM 25 Q.


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Report for the benchmark plan for CD25. And if you look at the 05:28PM 1percentages on this report under District 25, you'll see that 05:29PM 2over on the right-hand side the combined black and Hispanic 05:29PM 3population is actually less than 50 percent. Can you see that? 05:29PM 4

On 25? 05:29PM 5 A.

Correct.05:29PM 6 Q.

Total or VAP?05:29PM 7 A.

Yes. 05:29PM 8 Q.

46.7. 05:30PM 9 A.

41.5 percent black and Hispanic -- 3.6 others, correct? 05:30PM 10 Q.

The VAP? 05:30PM 11 A.

Yes. 05:30PM 12 Q.

Yes. 05:30PM 13 A.

And that's Exhibit 695. Is that your understanding now 05:30PM 14 Q.

of what the combined black and Hispanic is --05:30PM 15Yes. 05:30PM 16 A.

-- for CD25. Thank you. I just wanted to clarify that. 05:30PM 17 Q.

Thank you. No further questions. Thank you for your testimony. 05:30PM 18MR. VERA: Your Honor, I have a question. 05:30PM 19JUDGE COLLYER: All right. Thank you.05:30PM 20CROSS-EXAMINATION OF REPRESENTATIVE DAWNNA DUKES05:30PM 21

BY MR. VERA:05:30PM 22Luis Vera, League of the Latin American Citizens. 05:31PM 23 Q.

Represent ave Dukes, did you have an opportunity to take a 05:31PM 24look at the map that was a map proposed by both the League of the 05:31PM 25


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Latin American Citizens and the NAACP that was submitted to the 04:34PM 1San Antonio court as the remedy map? Did you take a chance to 05:31PM 2look at that? 05:31PM 3

Vaguely, yes, sir.05:31PM 4 A.

Okay. Were you aware that the San Antonio court agreed 05:31PM 5 Q.

and actually put the district that was drawn by the legislature, 05:31PM 6District 35, put 25 back into Travis County where it originated 05:31PM 7under the base plan? You are aware of that, are you not? 05:31PM 8

Yes, I am. 05:31PM 9 A.

And they did not agree with the State in the way they 05:31PM 10 Q.

drew the map, you're aware of that? 05:31PM 11They did not agree with the State at all. 05:31PM 12 A.

And are you aware also that the League of the Latin 05:31PM 13 Q.

American Citizens and the NAACP map puts a majority minority 04:34PM 14district with the base out of Travis County almost wholly within 05:31PM 15Travis County, and that map was proposed to the San Antonio 05:31PM 16court and that is almost identical with what the San Antonio 05:32PM 17court adopted? Are you aware of that? 05:32PM 18

Yes, I am. It brings back into one compact community of 05:32PM 19 A.

interest the African-American/Hispanic boxes that were divided 05:32PM 20into four separate Congressional districts that were of great 05:32PM 21concern of our local community. 05:32PM 22

And are you aware that the San Antonio court also heard 05:32PM 23 Q.

the evidence where the legislature actually -- what we started 05:32PM 24calling Mother Austin; that is, the legislature drew a district 05:32PM 25


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that begins right outside downtown San Antonio all the way to 05:32PM 1the northern part of Travis County, Lake Travis, correct? They 05:32PM 2took another district from Dallas County, broke it all the way 05:32PM 3down -- 05:32PM 4

MR. MORTARA: Your Honor, I object. Mr. Vera is 05:32PM 5testifying and he's leading the witness, and it's not clear to me 05:32PM 6that there's diversity on this subject. 05:32PM 7

JUDGE COLLYER: Well, I do agree that he's leading the 05:32PM 8witness and he's testifying. 05:33PM 9BY MR. VERA:05:33PM 10

You're aware of the map, correct? 05:33PM 11 Q.

JUDGE COLLYER: The facts are whatever the facts are, but 05:33PM 12actually you're not the one to present them. 05:33PM 13

MS. VERA: Yes, Your Honor. 05:33PM 14THE WITNESS: I'm aware that Travis County as it was 05:33PM 15

drawn, that if you were to review Travis County, it would be as 05:33PM 16though there was an apex in Travis County, an urban county with 05:33PM 17greater than 1.2 million people, but the five districts spanned 05:33PM 18out to other urban communities that do not have any association 05:33PM 19with the community of interest of Travis. 05:33PM 20

The northern portion of Travis County that has a growing 05:33PM 21African-American/Anglo migration population is paired with Harris 05:33PM 22County 156 miles away that is a majority Anglo republican voting 05:33PM 23community northwest of Travis County all the way up to the 05:33PM 24Dallas/Ft. Worth area. There's nothing in common between cow 05:33PM 25


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town and Town Lake in Austin, Texas. San Antonio from the 05:34PM 1University of Texas and Downtown Austin at the tower all the way 05:34PM 2down to the middle of San Antonio, we jokingly say the only thing 05:34PM 3they have in common is the Alamo in San Antonio and Alamo draft 05:34PM 4house in Austin. 05:34PM 5BY MR. VERA:05:34PM 6

You already have one Congressional district out of San 05:34PM 7 Q.

Antonio which runs through Austin, do you not? 05:34PM 821 with Lamar Smith, yes. 05:34PM 9 A.

That's Congressman Lamar Smith. So the legislature now 05:34PM 10 Q.

is trying to give you two Congressional districts that run from 05:34PM 11San Antonio all the way to Austin, are they not?05:34PM 12

Yes, they were, and they were ensuring that there would 05:34PM 13 A.

not be a single district in Travis County as a whole, but every 05:34PM 14single one of them would run from the center of Travis County 05:34PM 15all the way -- 200 miles or so someplace else.05:34PM 16

And the San Antonio courts didn't agree with that, did 05:34PM 17 Q.

they? 05:34PM 18Not at all. 05:34PM 19 A.

MR. VERA: Thank you, Judges. Nothing further. 05:34PM 20MR. BLEDSOE: Your Honor, I think I might have one. 05:35PM 21JUDGE COLLYER: Yes, sir. 05:35PM 22MR. BLEDSOE: Sorry, Your Honor. Gary Bledsoe for the 05:35PM 23

NAACP.05:35PM 2405:35PM 25


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CROSS-EXAMINATION OF REPRESENTATIVE DAWNNA DUKES05:35PM 1BY MR. BLEDSOE:05:35PM 2

Could you please tell the Court what happens to the 05:35PM 3 Q.

African-American community in Travis County in this C185? 05:35PM 4In C185, especially -- if you can put the map up, I can 05:35PM 5 A.

really show you in there. C185 takes the historical 05:35PM 6African-American community that was forced by segregation into 05:35PM 7central Austin and moved it into a majority republican district 05:35PM 8that runs west up to -- 05:35PM 9

There it is. 05:35PM 10 Q.

If you can pull Travis County -- okay -- up into 25. The 05:35PM 11 A.

central African-American district is the blue 25. Right there 05:36PM 12in the heart, in the center of town into a majority republican 05:36PM 13rural district, and it's one that I testified earlier in my 05:36PM 14statement of comments made by one of my republican colleagues 05:36PM 15that they wanted to ensure that they didn't break up rural 05:36PM 16counties. So instead they just grabbed population from Travis 05:36PM 17County. 05:36PM 18

And how will this affect the interest of 05:36PM 19 Q.

African-Americans in the United States Congress on matters such 05:36PM 20as described in the NAACP report card? 05:36PM 21

It would reduce the ability of African-Americans to be 05:36PM 22 A.

able to elect the individual of their choice because 05:36PM 23African-Americans, by and large, and this is well known 05:36PM 24statistically, greater than 98 percent vote in the democratic 05:36PM 25


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primary but were separated into majority Congressional 05:37PM 1republican districts in which they would not have any impact on 05:37PM 2the ultimate winner of those elections. 05:37PM 3

And could you circle on the screen the black community in 05:37PM 4 Q.

Austin. 05:37PM 5(Indicating). 05:37PM 6 A.

Thank you. 05:37PM 7 Q.

JUDGE COLLYER: All right. I think -- 05:37PM 8MR. HEBERT: Nothing. 05:37PM 9JUDGE COLLYER: -- nothing further. We need an exhibit 05:37PM 10

number for plan C185 as just marked by Ms. -- by Representative 05:37PM 11Dukes. Did I say that right? 05:37PM 12

THE WITNESS: Yes. 05:37PM 13JUDGE COLLYER: I want to be respectful. What is the 05:37PM 14

number? 05:37PM 15MS. BRINKMANN: 696. 05:37PM 16JUDGE COLLYER: Ah, the fountain of all knowledge. There 05:37PM 17

are two. Okay. 696 it is. And believe it or not you are free 05:37PM 18to go. 05:38PM 19

THE WITNESS: Thank you. 05:38PM 20JUDGE COLLYER: Thank you for coming. 05:38PM 21All right. Now, I think it's Mr. Mortara's chance to talk 05:38PM 22

for five minutes or so some. 05:38PM 23MR. MORTARA: Thank you, Your Honor. We'll just take a 05:38PM 24

few minutes of our remaining time to go through this coalition 05:38PM 25


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district issue that's puzzling the Court, and I accept 05:38PM 1responsibility. Perhaps it was a lack of clarity in my opening 05:38PM 2statement, and then the defendants didn't give opening 05:38PM 3statements, and we didn't file trial briefs, so I'm not sure that 05:38PM 4there's a single body of written material on the subject, and 05:38PM 5I'm -- 05:38PM 6

JUDGE HOWELL: Just so we're clear, we're not puzzled by 05:38PM 7coalition districts, we're puzzled by why primaries are at all 05:38PM 8relevant to the issue of whether or not there's a cohesive voting 05:38PM 9coalition. 05:38PM 10

MR. MORTARA: The question is ability to elect Section 5 05:38PM 11or opportunity to elect under Section 2. In order to have an 05:38PM 12ability to elect your candidate of choice, if you're a minority 05:39PM 13voter, you have to have the ability to win the relevant primary. 05:39PM 14That can be a democratic party or a republican primary. So, for 05:39PM 15instance, in Florida where there's Latino districts, frequently 05:39PM 16that candidate of choice is a republican, and so the Latinos must 05:39PM 17have the ability to prevail in the republican primary and then 05:39PM 18also in the general election. 05:39PM 19

Latinos have to have voting power in the primary in the 05:39PM 20face of potentially being opposed by other groups when there's 05:39PM 21racially polarized voting. Latinos and African-Americans in 05:39PM 22Texas both generally support the democratic party. Here's the 05:39PM 23problem. Just because you support the democratic primary doesn't 05:39PM 24mean that every district -- and I made this point in opening and 05:39PM 25


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Judge Collyer said it was superficial -- but it doesn't mean that 05:39PM 1every district that has plurality minority groups plus Anglos is 05:39PM 2all of a sudden protected by the Voting Rights Act because there 05:39PM 3might be one minority group amongst those two -- for instance, 05:40PM 4African-Americans and Latinos -- that gets consistently trounced 05:40PM 5in contested racially mixed democratic primaries by the other 05:40PM 6one. That is, in fact, what happens in a variety of these 05:40PM 7districts in Texas when you look at the racially polarized voting 05:40PM 8data, is that the Latino candidate will get -- will lose to the 05:40PM 9African-American candidate in the democrat primary, and then the 05:40PM 10African-American candidate will win or the Anglo candidate will 05:40PM 11win the general election, and then some of my friends on the 05:40PM 12other side will come here and say that's an effective coalition 05:40PM 13district, it just happens to be that the Latino voters like Lloyd 05:40PM 14Doggett. 05:40PM 15

Latinos have to have the ability to elect their candidate 05:40PM 16of choice through the primary, and this is -- this is not -- 05:40PM 17we're not writing on a blank slate here. There are cases on 05:40PM 18this. And I would encourage Your Honors to look at the Session 05:40PM 19versus Perry District Court opinion by Judge Higginbotham 298 F. 05:40PM 20Supp. 2d 481. I'm just going to read you a few quotes at 478. 05:41PM 21"Here there is no serious dispute but that blacks and Hispanics 05:41PM 22do not vote cohesively in primary elections where their 05:41PM 23allegiance is free of party affiliations." 05:41PM 24

484. "That there is no cohesion between black and Latino 05:41PM 25


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voters in the primary contests is beyond serious dispute." That 05:41PM 1was in a discussion of the Old Martin Frost District, in DFW you 05:41PM 2heard Representative Veasey testify about yesterday. That was 05:41PM 3one of these so-called coalition districts where, in fact, 05:41PM 4racially polarized voting amongst the groups in the district 05:41PM 5conspired to have Mr. Frost continually re-elected, even though 05:41PM 6he was not necessarily the choice of the minority groups at 05:41PM 7issue. That's because, if you don't have a racially contested 05:41PM 8primary, you don't necessarily know who the candidate of choice 05:41PM 9of the minority group is, which is why my colleague, Ms. 05:41PM 10Colmenero, was examining Representative David [sic] about the 05:41PM 11fact that in Travis County they almost never have contested 05:42PM 12Democrat primaries, which means you don't have that much data to 05:42PM 13support the idea of who's voting for who. But when you do peel 05:42PM 14back that data -- and there's only one expert in the case -- 05:42PM 15there's two; ours does it, too -- but there is one expert on the 05:42PM 16other side who really looks into this issue, and that's Ms. 05:42PM 17Perales's expert, Dr. Engstrom. And his report, which we have 05:42PM 18also put in as our evidence, we're using him as our witness on 05:42PM 19this subject as well because we agree, his report shows that 05:42PM 20everywhere in the state, from Tarrant to Travis to Bexar to 05:42PM 21Harris to Dallas, there is racially polarized voting between 05:42PM 22blacks and Latinos in a democrat primary. And that's why I said 05:42PM 23in opening that we don't believe there are any coalition 05:42PM 24districts in Texas. I did not mean to question Your Honor's 05:42PM 25


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determination that such districts are protected by the Voting 05:42PM 1Rights Act. That's a separate legal dispute that is all over in 05:42PM 2the cases, and I'm sure you know that Chief Justice Roberts 05:42PM 3strongly questioned that coverage in the Supreme Court argument 05:43PM 4in the related matter here. We've lost that. 05:43PM 5

What we understood Your Honor's opinion to be saying is 05:43PM 6you did have to prove cohesion in the primary. I'm not aware of 05:43PM 7any case, and I'm sure Mr. Sells or one of the others could stand 05:43PM 8up and tell you about them if they exist, where any court has 05:43PM 9held that it's a coalition district if you have different groups 05:43PM 10of minorities in it and a democrat wins the general. I do think 05:43PM 11you have to put more proof in there. 05:43PM 12

And another case that I would encourage Your Honors to 05:43PM 13take a look at is Rodriguez versus Pataki, 308 F. Supp. 2d 346. 05:43PM 14At 421 it says, "We find that the plaintiff's proof is 05:43PM 15insufficient to demonstrate Hispanic/black cohesion. The 05:43PM 16plaintiffs have not proven that Hispanics and blacks in the Bronx 05:43PM 17have worked together and formed coalitions. Whereas here, the 05:43PM 18two minority groups are generally affiliated, registered with the 05:43PM 19same party, democratic, and vote for that parties' candidates at 05:43PM 20high rates. Primary elections for that party's candidates are by 05:44PM 21far the most probative evidence of cohesion." That's our 05:44PM 22position on why primary elections are important. I'm sure that 05:44PM 23there are others on the other side that disagree -- in fact, I'm 05:44PM 24confident that most of them do, and I won't -- I don't want to -- 05:44PM 25


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I don't want to be less than objective here. I'm sure they have 05:44PM 1their bases. What we see in the case law is, for it to be a 05:44PM 2protected coalition district, even assuming such protection 05:44PM 3exists, there has to be cohesion in the primary elections. 05:44PM 4

JUDGE COLLYER: Okay. Thank you. All right. Was there 05:44PM 5any other witness to be called by defendants? 05:44PM 6

MR. HEBERT: Yes, Your Honor. Gerald Hebert for the Davis 05:44PM 7intervenors. And just to give you a preview of coming 05:44PM 8attractions, so to speak, we break today at 6:15. There is a 05:44PM 9dispute between the defendants and the plaintiffs about a matter 05:44PM 10that I think that -- I think we would all like, at least on this 05:44PM 11side, the Court to resolve today. It will probably take about 05:45PM 12ten minutes of time. Could we break at 6:05 from the testimony 05:45PM 13and resume that tomorrow to take up that issue? 05:45PM 14

JUDGE COLLYER: Well, why don't we take up that issue 05:45PM 15right now, if it's so important, and then if we run out of time, 05:45PM 16we run out of time. But if it needs to be resolved, let's do it 05:45PM 17now. 05:45PM 18

MR. HEBERT: All right. And I'll introduce the topic by 05:45PM 19saying it involves the prefiled direct testimony by the Plaintiff 05:45PM 20State of Texas's expert, Dr. Alford. We had deadlines that we 05:45PM 21were supposed to meet and did meet with regard to filing expert 05:45PM 22witness reports. Plaintiff met those deadlines. We then took 05:45PM 23Dr. Alford's deposition. And by "we," I mean the collective we 05:45PM 24on this side. Then there was a deadline to file prefiled direct 05:45PM 25


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testimony for next week, which again the parties met. But what 05:45PM 1the State did was then, after the deposition, filed Dr. Alford's 05:45PM 2new supplemental report as direct testimony adding things over 05:46PM 3and above what he was already deposed on and what was in his 05:46PM 4report. We object to that. We think it should be struck. And 05:46PM 5we think it's unfair to bring that up. We had no discovery on 05:46PM 6it, and it didn't, frankly, comply with, I think, the deadlines 05:46PM 7that were set by the Court. 05:46PM 8

Mr. Sells, I think, has a probably better grasp on some of 05:46PM 9this because he's been more involved personally, and if I've 05:46PM 10misstated anything, I know he'll correct me. 05:46PM 11

MR. SELLS: Thank you, Jerry. Bryan Sells for the United 05:46PM 12States. I'm not sure that Mr. Hebert left me anything to say, so 05:46PM 13I don't want to belabor the point, but I think he accurately 05:46PM 14summarized it. We've had an original expert report from 05:46PM 15Dr. Alford, I believe it was disclosed on October the 14th. 05:46PM 16You'll recall the first week of January we had a telephone 05:46PM 17conference during which the plaintiffs agreed to produce a 05:46PM 18supplemental report following this Court's summary judgment 05:46PM 19opinion. That report, supplemental, was disclosed on Saturday, 05:47PM 20January 7th in the evening. We arranged a deposition of 05:47PM 21Dr. Alford last Wednesday in Austin. I took that in Austin. And 05:47PM 22we have, just around midnight on Tuesday night, gotten this 05:47PM 23prefiled direct testimony. We compared the prefiled direct with 05:47PM 24both of those reports, and we have highlighted the prefiled 05:47PM 25


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direct -- or the portions of the prefiled direct that we believe 05:47PM 1were not previously disclosed, and it, frankly, covers a good bit 05:47PM 2of his report, and we think it's unfair and prejudicial at this 05:47PM 3point to allow that testimony in. It's untimely. And under Rule 05:47PM 437C(1) we believe it ought to be stricken. 05:47PM 5

JUDGE COLLYER: Okay. Do you have -- do you have an 05:48PM 6electronic or other version of the deposition that you could just 05:48PM 7show us a sample of what you mean? You said you highlighted 05:48PM 8portions of his proffered direct testimony that was different 05:48PM 9from anything that he said before. 05:48PM 10

MR. SELLS: Your Honor, I do. I have hard copies right 05:48PM 11here that are highlighted. 05:48PM 12

JUDGE COLLYER: Okay. You have hard copies for us? 05:48PM 13MR. SELLS: I certainly do, if I may approach. 05:48PM 14JUDGE COLLYER: Yes. 05:48PM 15MR. HUGHES: Do you have one for us? 05:48PM 16MR. SELLS: I think I do. I brought five copies. And I 05:49PM 17

want to emphasize, Your Honor, that we are not objecting to 05:49PM 18matters of style. The pros has been substantially changed and 05:49PM 19improved since the reports. We understand that. The charts are 05:49PM 20fancier. We'll give them that. But the substance is really what 05:49PM 21we are concerned about. 05:49PM 22

MS. PERALES: Your Honor, I wanted to add, for 05:49PM 23clarification, that the defendants do not oppose the submission 05:49PM 24of Dr. Alford's first and supplemental report as his prefiled 05:49PM 25


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direct, and the parties, I thought, had an understanding that our 05:49PM 1expert reports could be used and should be used as prefiled 05:50PM 2direct. This is not a question of excluding Dr. Alford's first 05:50PM 3and supplemental report, but merely the most recently disclosed, 05:50PM 4as of a couple of days ago, prefiled direct which does have new 05:50PM 5material. I recognize some of this as responsive to some of the 05:50PM 6questions that were raised in the deposition, I believe it was 05:50PM 7last week. 05:50PM 8

MR. SELLS: Last Wednesday. 05:50PM 9MS. PERALES: Last Wednesday, and it's -- we believe that 05:50PM 10

it's just -- last Wednesday was the last deposition. That was 05:50PM 11when we explored things thoroughly with Dr. Alford, and it's 05:50PM 12unfair to have him then provide additional material and responses 05:50PM 13in his prefiled direct. 05:50PM 14

JUDGE COLLYER: All right. 05:50PM 15MR. HUGHES: Your Honor, just to clarify kind of the 05:50PM 16

sequence of events here. I think, as Mr. Hebert and Mr. Sells 05:50PM 17explained, there was a supplemental report by Dr. Alford, and 05:50PM 18then there was a deposition that went all day. I don't know the 05:50PM 19precise number of hours. And then after that we received a 05:50PM 20number of supplemental reports from a number of the defendants' 05:51PM 21experts, including a ten-page report from Dr. Handley and others, 05:51PM 22and then we filed on Tuesday our -- the prefiled direct testimony 05:51PM 23of Dr. Alford. 05:51PM 24

And, you know, we tried to do that in a way that it would 05:51PM 25


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be as clear as possible for the Court, and there are a few areas 05:51PM 1in there where Dr. Alford does address maybe things that came up 05:51PM 2in this lengthy deposition or, more importantly, some of the new 05:51PM 3arguments and material that we received in the supplemental 05:51PM 4reports from the defendants' experts which really just gives the 05:51PM 5other side a clearer picture of what Dr. Alford has to say on 05:51PM 6everything, which should prepare them. It's an absolute roadmap 05:51PM 7for their cross-examination. I haven't had a chance to look at 05:51PM 8what they claim is new, so I have no way to know whether we agree 05:51PM 9or disagree. We really did limit it to just trying to respond to 05:51PM 10the supplemental reports. 05:52PM 11

And Mr. Sells and I were talking about this earlier, and I 05:52PM 12asked if he could identify what was new, and we weren't provided 05:52PM 13with that. And we also offered to make Dr. Alford available for 05:52PM 14a deposition if they want to ask him some additional questions on 05:52PM 15that. We would request that it be limited to two hours. We 05:52PM 16think that's plenty of time to address these additional issues. 05:52PM 17So I think that's all we need to say about the matter. 05:52PM 18

JUDGE COLLYER: Okay. What about an additional 05:52PM 19deposition? 05:52PM 20

MR. SELLS: Your Honor -- 05:52PM 21JUDGE COLLYER: Would that cure the problem? 05:52PM 22MR. SELLS: Well, we discussed that, Your Honor, and the 05:52PM 23

offer up until a moment ago was one hour, and we rejected that 05:52PM 24for two reasons: Number 1, Dr. Alford is very verbose, and -- 05:52PM 25


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JUDGE COLLYER: He must be a professional at that. 05:52PM 1MR. SELLS: He's a professor, and we are quite confident 05:53PM 2

that we couldn't cover the amount of new material that is in here 05:53PM 3given his lengthy answers in an hour. Some witnesses, sure, an 05:53PM 4hour would be enough; Dr. Alford, no. We countered the one-hour 05:53PM 5offer with a four-hour deposition, and I guess we're now at two. 05:53PM 6But really anything longer than that really starts to prejudice 05:53PM 7our trial preparation time, which is why this stuff is isn't 05:53PM 8supposed to happen in the middle of trial. 05:53PM 9

JUDGE COLLYER: Well, I agree, it's not supposed to happen 05:53PM 10in the middle of trial, but what do we do about -- is it Mr. Vera 05:53PM 11that came up with a deposition or information late? I'm going to 05:53PM 12step away and confer with my colleagues and we'll come back and 05:53PM 13let you know. 05:53PM 14

Everybody said everything they want to say, right? 05:53PM 15MR. HUGHES: Well, Your Honor, with respect, we haven't 05:53PM 16

had a chance to look at what they claim is new, so we haven't 05:53PM 17been able to respond to that on the fly. We can look at it and 05:54PM 18respond momentarily. 05:54PM 19

JUDGE COLLYER: Okay. Why don't you look at that and 05:54PM 20respond momentarily, and why don't you, Ms. Perales, tell me what 05:54PM 21else you need to say. So you have to listen and read. I know 05:54PM 22this is impossible. 05:54PM 23

MS. PERALES: Your Honor. 05:54PM 24JUDGE COLLYER: Jencks is impossible. Yes, ma'am. 05:54PM 25


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MS. PERALES: Just very quickly, and I don't mean to 05:54PM 1belabor it. I understand that the Department of Justice may have 05:54PM 2enough staff to be able to conduct a weekend deposition, but the 05:54PM 3smaller team and two experts going up early next week, I don't 05:54PM 4think it's really possible, and I'm one of the people who deposes 05:54PM 5Dr. Alford. It is beyond my capacity at this point to do another 05:54PM 6deposition, and I'm concerned because we've been allowed to put 05:54PM 7in our supplemental reports tomorrow night, you know. I'm not 05:54PM 8really sure if Dr. Alford plans to continue to change his 05:54PM 9testimony as we go along, and we would certainly appreciate some 05:54PM 10finality to his testimony, Your Honor. 05:54PM 11

JUDGE COLLYER: Thank you, ma'am. Okay. Yes, sir. 05:55PM 12MR. HUGHES: Your Honor, in looking at most of this, I 05:55PM 13

believe it was all disclosed in his deposition. I'm only on page 05:55PM 1413 of the highlighting. And I should also add that we've got all 05:55PM 15this new material from their four experts and we haven't sought 05:55PM 16to depose them, we're just proceeding in the face of all of that. 05:55PM 17And we have one expert who's identified the entirety of his 05:55PM 18opinion in this 30-page document which gives them a perfect 05:55PM 19roadmap to conduct his examination next week, which they'll have 05:55PM 20ample time because I think we've all discussed it. There aren't 05:55PM 21going to be the kind of time constraints that we've run into this 05:55PM 22week, given the amount of time available next week. So that's 05:55PM 23what I'll say. 05:55PM 24

JUDGE GRIFFITH: If you jump to page 3, it look like there 05:55PM 25


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are nine completely new pages at the end. 05:55PM 1MR. SELLS: Yes, Your Honor. The bulk of the new material 05:55PM 2

is on the end, but we think there is some important stuff in the 05:56PM 3beginning as well. 05:56PM 4

MR. HUGHES: And I will say on the end, it's just a 05:56PM 5narrative of cohesion analysis that has been attached to every 05:56PM 6single report that Dr. Alford has filed going back to October. 05:56PM 7

JUDGE GRIFFITH: Your position is this is in response to 05:56PM 8new material that you -- 05:56PM 9

MR. HUGHES: There are two things, Your Honor. Some of it 05:56PM 10is responsive to the new material that we received, and some of 05:56PM 11it, just like in any direct, is a narrative of data and opinions 05:56PM 12that have previously been disclosed. I mean, expert reports, as 05:56PM 13you all know, don't provide the same kind of narrative, 05:56PM 14necessarily, as direct testimony. This is more of a presentation 05:56PM 15of direct testimony to make everything clearer for the Court, and 05:56PM 16the highlighted pages in the back, as best I can tell, are all 05:56PM 17based upon previously disclosed cohesion analysis and other data 05:56PM 18and tables that have been available in the prior reports. 05:56PM 19There's been ample opportunity -- 05:56PM 20

JUDGE GRIFFITH: Maybe I'm missing something. Why weren't 05:57PM 21they in the earlier report, if it's not new? 05:57PM 22

MR. HUGHES: It was in the earlier report. It's just the 05:57PM 23narrative in the form that it is here wasn't necessarily in the 05:57PM 24earlier reports, but all the data and the conclusions were stated 05:57PM 25


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there. 05:57PM 1JUDGE HOWELL: Does he change his opinions at all, or is 05:57PM 2

he just providing more support for opinions that he's already 05:57PM 3expressed? 05:57PM 4

MR. HUGHES: He doesn't change his opinions at all. On 05:57PM 5the cohesion, he's just narrating opinions that he's expressed 05:57PM 6numerous times, and he still reaches all the same conclusions, 05:57PM 7relies on all the same data, and they've had a chance to depose 05:57PM 8him I, think, two times. There's nothing new here. This is just 05:57PM 9something in kind of a direct testimony format to assist the 05:57PM 10Court in understanding all the data and tables that have been 05:57PM 11previously disclosed. We're just trying to make it clearer for 05:57PM 12the Court. 05:57PM 13

JUDGE HOWELL: And I will speak for myself, but I'm 05:57PM 14usually pretty greedy in a case involving data and analysis for 05:57PM 15all the help I can get, but let me ask. I know that that's your 05:57PM 16opinion, but what is the opinion of Mr. Sells and the defendants? 05:57PM 17Are there new opinions being expressed or just additional support 05:58PM 18for opinions he's already expressed? 05:58PM 19

MR. SELLS: Your Honor, it's our opinion that it's both. 05:58PM 20There are new opinions related to the United States' expert's 05:58PM 21supplemental report. Those could not have been previously 05:58PM 22disclosed, as Mr. Hughes indicated, but there is also new bases 05:58PM 23and reasons for opinions previously expressed, and we should have 05:58PM 24had an opportunity to explore those new bases as well. And I 05:58PM 25


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think Jerry -- Mr. Hebert and Ms. Perales may have something on 05:58PM 1that as well, but I wanted to make the other point that the State 05:58PM 2of Texas here is the plaintiff and the United States is the 05:58PM 3defendant, and I'm not sure the plaintiff is entitled to the last 05:58PM 4word on the expert testimony here. 05:58PM 5

MS. PERALES: Your Honor, it's our position that 05:58PM 6Dr. Alford's basic opinion has not changed. He opines that there 05:59PM 7is not retrogression in the plans, but the justification or the 05:59PM 8analysis has been shifting from before summary judgment now to 05:59PM 9after summary judgment. There was some shifting in the 05:59PM 10deposition. I believe there's some continual shifting going on, 05:59PM 11and there is, in fact, in our opinion, new material supporting 05:59PM 12the opinion that there is not retrogression, and, of course, 05:59PM 13we're trying to pin Dr. Alford down on his analysis, and that's 05:59PM 14what's been made very difficult with this new prefiled direct.05:59PM 15

JUDGE HOWELL: But doesn't every shift go to -- 05:59PM 16JUDGE COLLYER: Credibility. 05:59PM 17JUDGE HOWELL: -- credibility, and go to how much weight 05:59PM 18

to give his opinion and where he got his new theories and -- I 05:59PM 19mean, isn't it just fertile ground for your cross-examination if 05:59PM 20it changed? 05:59PM 21

MS. PERALES: Your Honor, my concern is that the 05:59PM 22cross-examination will be in the form of the deposition. We 05:59PM 23don't understand some of the new terms that Dr. Alford is using. 05:59PM 24We don't understand how it fits in -- the prefiled direct uses 06:00PM 25


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new terms and new concepts to support his opinions, and we don't 06:00PM 1want to burn our time and have this very long verbose 06:00PM 2cross-examination that involves answers we don't know and we're 06:00PM 3asking questions for the first time. 06:00PM 4

MR. HUGHES: If I may, Your Honors, just to be clear, 06:00PM 5Dr. Alford's opinions have not changed. If they think they have, 06:00PM 6of course they can bring that out on cross-examination, but the 06:00PM 7supplemental report, where he's already sat for a six-hour 06:00PM 8deposition, disclosed his opinion that there's no retrogression 06:00PM 9based on his analysis, reconstituted election analysis that Mr. 06:00PM 10Mortara explained in his opening, all disclosed in the 06:00PM 11supplemental report, nothing here in the prefiled written direct 06:00PM 12testimony and his opinion all along just has been, in terms of 06:00PM 13coalition districts, is that there's no cohesion at the primary 06:00PM 14level between Hispanics and black voters and the data and tables 06:00PM 15disclosing that opinion have been disclosed, I believe -- I know 06:01PM 16in at least two reports, and I think in three separate reports. 06:01PM 17So there's no new data here, there's no new opinion. The 06:01PM 18narrative may be a little bit different to assist the Court, but 06:01PM 19there's nothing new here. They've had ample time to explore 06:01PM 20this, and if they think something's changed, that's a subject of 06:01PM 21cross-examination. 06:01PM 22

JUDGE COLLYER: Wait. What about new terms? 06:01PM 23MR. MORTARA: I think -- I'm not sure. 06:01PM 24JUDGE COLLYER: I mean, if there were ever a layman's 06:01PM 25


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case -- because this is basically even fundamentally 06:01PM 1understandable, but people throw things around as if we were, 06:01PM 2excuse me, a patent case, and it's not, and to be introducing new 06:01PM 3terms at this late date is a little difficult, is it not? 06:01PM 4

MR. MORTARA: I don't think that -- I think the only new 06:01PM 5term I can think of is that -- it's the way he characterized what 06:01PM 6Dr. Handley did, which was she looked at the number of ability to 06:02PM 7elect districts that she identified in the various maps, ran a 06:02PM 8reconstituted election analysis, and then just made an up or down 06:02PM 9approach on whether a given district is an ability-to-elect 06:02PM 10district, and then you count up the districts in the benchmark 06:02PM 11and count up the districts in the enacted plan and compare the 06:02PM 12two, and if there was less in the enacted than in the benchmark, 06:02PM 13then she finds retrogression. 06:02PM 14

I believe at one time Dr. Alford referred to that as 06:02PM 15district counting, and then I think he later decided maybe a more 06:02PM 16precise term would be a binary approach, but that's the new term. 06:02PM 17And by binary, all it means is either a district is or isn't 06:02PM 18performing based on reconstituted election analysis, and that 06:02PM 19kind of highlights the basic disagreement between those two 06:02PM 20experts, is that Dr. Handley says a district either is or isn't. 06:02PM 21So she'll look at five elect -- reconstitute -- So that's the 06:03PM 22disagreement. 06:03PM 23

And all he's done is change the way he refers to what she 06:03PM 24does. That's the only new term I can think of.06:03PM 25


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JUDGE COLLYER: Mr. Hebert. 06:03PM 1MR. HEBERT: May I have just a minute. 06:03PM 2JUDGE COLLYER: Yes, please. 06:03PM 3MR. HEBERT: Your Honor, with regard to this report, in 06:03PM 4

Dr. Alford's original report and his supplemental, he devoted 06:03PM 5almost no attention to the senate part of the case. They have a 06:03PM 6little table in there and they made an argument based on his 06:03PM 7analyses. 06:03PM 8

JUDGE COLLYER: They paid no attention to the senate part 06:03PM 9of the case all along. Did you notice that? 06:03PM 10

MR. HEBERT: I know, and we're going to hopefully 06:03PM 11change -- 06:03PM 12

JUDGE COLLYER: -- draw their attention to the senate plan? 06:03PM 13MR. HEBERT: Apparently we did. We started with 06:03PM 14

Mr. Veasey yesterday and we're going to continue with the next 06:03PM 15one. But what I would like to say is that with regard to -- if 06:03PM 16you look at page 31 and 32 and to the end, 33, that's all about 06:03PM 17Senate District 10. And what they did was they took Dr. 06:04PM 18Handley's analysis and Dr. Alford's analysis, neither of whom 06:04PM 19are -- Dr. Handley is not testifying about the senate case 06:04PM 20because DOJ has not taken a position in this court that it should 06:04PM 21be denied preclearance. And so they've taken that analysis and 06:04PM 22now dumped it into this report using the senate case, and while 06:04PM 23there's some paragraphs in here that were in -- Dr. Alford's 06:04PM 24original report back in San Antonio, the fact is that Dr. Handley 06:04PM 25


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has never addressed the senate case at all, and in the first 06:04PM 1paragraph he talks about applying Dr. Handley's analysis to here 06:04PM 2and exogenous elections versus endogenous elections. I can tell 06:04PM 3you in one sentence that exogenous elections are elections 06:04PM 4statewide that they plug into districts. And you look at those 06:04PM 5and those can be relevant. But if you actually have an 06:04PM 6endogenous election, which is an election for state senate, which 06:05PM 7is the only endogenous election, that we believe that's more 06:05PM 8probative. 06:05PM 9

So, applying Dr. Handley's analysis and having me to have 06:05PM 10to get into that, this is all brand-new as far as I'm concerned. 06:05PM 11

MR. HUGHES: Your Honors, I need to clear something up. 06:05PM 12The data -- the analysis about the senate applying Dr. Handley's 06:05PM 13binary approach and Dr. Alford's approach was all disclosed in a 06:05PM 14table to the supplemental report that was provided prior to his 06:05PM 15deposition. All the methodology about how he performs that 06:05PM 16analysis is disclosed in the report, and there's a table about 06:05PM 17the senate in that report. If they wanted to ask him questions 06:05PM 18about that, they could have come to his deposition. And now he's 06:05PM 19just providing the same narrative that he provided for the other 06:05PM 20maps. 06:05PM 21

So we didn't -- we did not ignore the senate in the 06:05PM 22supplemental report or the original reports. 06:05PM 23

JUDGE COLLYER: Mr. Devaney, please. 06:05PM 24MR. DEVANEY: I'll keep this quick, because I know we're 06:05PM 25


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beating this into the ground.06:06PM 1JUDGE COLLYER: You have to because -- 06:06PM 2MR. DEVANEY: As you can tell from the prior witness, my 06:06PM 3

clients and I care about CD25 and crossover districts. There's 06:06PM 4no mention in any other report by Dr. Alford of the CD25 and 06:06PM 5crossover districts in the narrative. Maybe there's a table 06:06PM 6hidden somewhere that has some data relating to it, but there are 06:06PM 7no opinions given about it. All of a sudden I'm faced with 06:06PM 8multiple pages of discussion of CD25. I just found out about 06:06PM 9this an hour ago. And at this point in the trial to have 06:06PM 10brand-new analysis on an issue I've been screaming about for 06:06PM 11months is very prejudicial and improper. 06:06PM 12

MR. HUGHES: And if I may, Your Honor, in the supplemental 06:06PM 13report, and I don't have it handy, Dr. Alford described his basic 06:06PM 14opinion about cohesion in Texas, which is the same across Texas 06:06PM 15just like Dr. Engstrom, and he dropped a footnote and he said, 06:06PM 16Attached are tables that show no cohesion in all the districts at 06:06PM 17issue. And I believe all of these, CD25, Senate 10, et cetera, 06:07PM 18were all included in that. The analysis is the same. Now for 06:07PM 19the Court we're providing a narrative that -- they had an 06:07PM 20opportunity to take a deposition. This is not new, and this 06:07PM 21would all be the proper subject of a direct examination if we 06:07PM 22were to put him on live. 06:07PM 23

JUDGE COLLYER: Did you need to add anything, sir? 06:07PM 24MR. SELLS: I'm not going to add any argument, Your Honor, 06:07PM 25


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but I do have Dr. Alford's reports, if that would help the Court. 06:07PM 1You can check my highlighting, if you would like, and compare it 06:07PM 2with the prefiled direct testimony. 06:07PM 3

JUDGE COLLYER: If we're going to do that, we won't be 06:07PM 4able to come back and give you a response tonight. Why don't you 06:07PM 5hand those up. I'll see if we can give you a response 06:07PM 6immediately, and if not, we can't. 06:07PM 7

Okay, everybody, one of us will come back to tell you 06:08PM 8whether all of us will be back. 06:08PM 9

(Thereupon, a break was had from 6:08 p.m. until 06:08PM 106:17 p.m.)06:17PM 11

THE COURTROOM CLERK: Be seated and come to order. 06:17PM 12JUDGE COLLYER: Okay. This is the way we're going to 06:17PM 13

resolve this particular issue. The first is to say that we all 06:17PM 14agree that this is kind of sharp practice, and we have to tell 06:17PM 15you that we're disappointed, if you will, that we are even facing 06:17PM 16this issue, that we don't think this is the way it should be 06:17PM 17done, and if the circumstances didn't involve 25 million people's 06:17PM 18rights to vote, we might have a different reaction. We really 06:17PM 19need to be able to decide this case as well as we can, and we're 06:17PM 20not experts, and we don't live in Texas, which is probably why 06:17PM 21the lawsuit is here. But I think that we all, therefore, agree, 06:18PM 22that we're going to accept the report, the supplemental, we're 06:18PM 23going to order a minimum of a four-hour deposition this weekend 06:18PM 24or whenever you people can take it, we're going to apologize to 06:18PM 25


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Ms. Perales, but we don't know what else to do about it. We've 06:18PM 1got to get as much information before us as we can, and I think 06:18PM 2that's it. We want a correction to be a four-hour deposition, 06:18PM 3how's that, a four-hour deposition. 06:18PM 4

The other thing I wanted to tell you is that today -- I 06:18PM 5don't have a total for all time -- but as of today, the 06:18PM 6three-judge time that's been used up by Texas is an hour and 14 06:18PM 7minutes; the three-judge time used up by the defendants is 2 06:18PM 8hours and 18 minutes. 06:19PM 9

The two-judge time, which is prior to 2:00 this afternoon 06:19PM 10by Texas, was an hour and 52 minutes, and by the defendants, two 06:19PM 11hours and 22 minutes. We attributed the early lunch break evenly 06:19PM 12across the board to both sides since we were here perfectly 06:19PM 13willing to hear whatever you wanted to say. 06:19PM 14

So, I think that that's the way we need to approach this. 06:19PM 15If there are other issues, do let us know. It's easier to 06:19PM 16resolve things early rather than late. 06:19PM 17

With that we'll close for the evening and wish everybody a 06:19PM 18good evening. See you tomorrow. 06:19PM 19

(Proceedings adjourned at 6:19 p.m.)06:19PM 202122232425


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1 C E R T I F I C A T E

2

I, Scott L. Wallace, RDR-CRR, certify that 3the foregoing is a correct transcript from the record of

proceedings in the above-entitled matter.4

5 ---------------------------- ----------------

Scott L. Wallace, RDR, CRR Date 6 Official Court Reporter

789

10111213141516171819202122232425


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I N D E X12

3EXAMINATIONS Page

4DIRECT EXAMINATION OF JAIME LONGORIA 4

BY MS. MICHEL5CROSS-EXAMINATION OF JAIME LONGORIA 31

BY MR. KELLER6DIRECT EXAMINATION OF REPRESENTATIVE GARNET COLEMAN 39

BY MR. NOBILE7CROSS-EXAMINATION OF REPRESENTATIVE GARNET COLEMAN 58

BY MR. MORTARA8REDIRECT EXAMINATION OF REPRESENTATIVE GARNET 70

COLEMAN9BY MR. NOBILE

DIRECT EXAMINATION OF REPRESENTATIVE DAWNNA DUKES 8010BY MR. DEVANEY

CROSS-EXAMINATION OF REPRESENTATIVE DAWNNA DUKES 10211BY MS. COLMENERO

CROSS-EXAMINATION OF REPRESENTATIVE DAWNNA DUKES 12112BY MS. PERALES

REDIRECT EXAMINATION OF REPRESENTATIVE DAWNNA DUKES 12413MR. DEVANEY

CROSS-EXAMINATION OF REPRESENTATIVE DAWNNA DUKES 12514BY MR. VERA

CROSS-EXAMINATION OF REPRESENTATIVE DAWNNA DUKES 12915BY MR. BLEDSOE

16 EXHIBITS

17NO. DESCRIPTION Page

18

19202122232425


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'

'01 [1] - 56:12

'40s [1] - 88:13

0

0 [1] - 55:25

1

1 [2] - 105:9; 139:25

1.2 [3] - 95:18; 99:8; 127:18

10 [4] - 68:4; 118:11; 147:18; 149:18

100 [3] - 6:4; 124:24

102 [1] - 153:11

103 [6] - 20:18; 21:4, 8-9, 13; 22:4

105 [10] - 14:18, 20-21, 25; 15:1;

16:19; 17:3; 18:16, 19; 37:24

10th [2] - 25:18; 92:4

11 [3] - 41:10; 68:4; 118:11

12 [1] - 59:25

121 [1] - 153:12

124 [1] - 153:13

125 [1] - 153:14

129 [3] - 18:5, 8; 153:15

13 [1] - 141:15

133 [2] - 27:21; 47:16

137 [4] - 49:8, 11; 55:16; 70:13

13th [1] - 53:2

14 [5] - 38:13; 60:16; 81:10, 20; 151:7

140 [1] - 111:22

147 [5] - 41:24; 65:13; 73:5, 11

149 [3] - 49:7, 14; 70:13

14th [1] - 136:16

15 [6] - 41:16; 46:23; 85:18; 100:4, 6, 8

15-minute [1] - 69:19

15-year-old [1] - 4:25

150 [5] - 47:19; 76:7; 78:2, 6

150,000 [1] - 26:11

153 [1] - 78:2

156 [1] - 127:23

17 [1] - 4:25

179 [1] - 18:6

18 [3] - 4:23; 80:24; 151:9

18,000 [1] - 109:8

19 [2] - 3:1; 60:1

1914 [3] - 81:6, 16

1972 [1] - 42:4

1978 [1] - 81:15

1989 [1] - 82:19

1990 [1] - 82:19

1991 [1] - 41:18

1993 [3] - 82:15; 83:12, 14

1994 [4] - 80:25; 81:1; 84:1, 19

2

2 [3] - 95:6; 131:12; 151:8

20 [3] - 5:16; 41:19; 84:13

20,000 [1] - 88:7

200 [1] - 128:16

200,000 [1] - 102:2

200,000-plus [2] - 102:1

200-plus [1] - 101:24

2000 [3] - 69:10; 88:7; 90:9

2001 [10] - 49:13; 50:4; 55:24; 56:2;

60:24; 61:6, 11; 90:10; 114:19, 24

2002 [1] - 89:13

2003 [1] - 90:10

2004 [2] - 105:9; 111:12

2008 [4] - 111:9; 112:1, 10; 113:13

2010 [3] - 56:13; 89:13; 114:9

2011 [3] - 61:13; 90:5, 17

2012 [1] - 3:1

21 [1] - 128:9

22 [3] - 88:9; 121:8; 151:12

23rd [5] - 15:8; 25:16

24 [18] - 19:6; 44:7; 45:25; 48:25; 49:2;

50:2, 7, 22; 53:4; 54:3; 55:22; 56:2;

57:16; 69:2, 7; 72:23; 74:14; 94:17

24-25 [1] - 74:11

24-district [1] - 44:22

24.06 [1] - 56:1

24.41 [2] - 56:1, 13

24.46 [1] - 56:13

25 [38] - 5:16; 29:1, 4-5; 42:24; 43:17,

24; 45:22; 46:12; 47:13; 50:2, 12, 15;

53:4; 54:3, 14, 17; 55:2, 22; 69:3, 8, 11;

74:14; 98:23; 99:2, 17; 101:4; 115:3,

20; 122:12, 15; 125:2, 5; 126:7; 129:11;

150:18

28 [1] - 83:7

281 [1] - 29:5

298 [1] - 132:20

2:00 [1] - 151:10

2:01 [1] - 3:2

2:30 [1] - 93:4

2d [2] - 132:21; 134:14

2nd [2] - 25:21; 26:1

3

3 [1] - 141:25

3.6 [1] - 125:10

30 [2] - 88:8; 94:5

30-page [1] - 141:19

300 [1] - 102:8

308 [1] - 134:14

30th [1] - 90:21

31 [2] - 147:17; 153:5

32 [1] - 147:17

33 [1] - 147:17

34 [2] - 60:15; 89:17

154

346 [1] - 134:14

35 [12] - 88:16, 18; 96:7, 11; 102:5;

115:3; 116:12, 14; 117:1; 121:11;

123:18; 126:7

350-plus [1] - 102:8

37C(1 [1] - 137:5

39 [1] - 153:6

3:30 [2] - 69:18, 22

3:46 [1] - 69:22

3rd [1] - 82:8

4

4 [2] - 118:25; 153:4

40 [1] - 82:10

41 [32] - 10:2, 9; 11:15; 13:11; 14:13;

15:3, 7; 18:20; 19:9; 21:13; 24:15;

26:14, 23; 27:9; 30:11, 14; 31:14, 17,

22; 32:1, 5, 10, 23; 33:6, 14-15, 17;

36:15; 37:11

41.5 [1] - 125:10

421 [1] - 134:15

43 [1] - 63:16

46 [4] - 80:19-21; 88:8

46.7 [1] - 125:9

47 [2] - 4:15

478 [1] - 132:21

48 [5] - 4:15; 22:20, 23; 23:1, 3

48-hour [2] - 98:25; 117:23

481 [1] - 132:21

484 [1] - 132:25

49 [1] - 81:4

5

5 [6] - 42:6; 48:18; 119:23; 131:11

50 [8] - 40:9, 14; 86:2; 88:10; 115:25;

125:4

51.83 [1] - 110:10

52 [1] - 151:11

53 [1] - 84:17

54.33 [1] - 110:17

55 [1] - 116:4

56 [4] - 76:16, 25; 77:7, 11

58 [2] - 62:24; 153:7

59 [3] - 77:9; 110:18

5:04 [1] - 120:3

5:22 [1] - 120:4

6

6 [1] - 56:1

60 [1] - 86:3

62 [5] - 36:19, 23; 37:15

63 [5] - 18:24; 19:3, 22; 20:1; 112:11

64 [1] - 27:20

671 [1] - 89:1


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676 [2] - 96:17; 97:21

692 [2] - 100:25; 101:1

695 [1] - 125:14

696 [2] - 130:16, 18

698,000 [1] - 95:19

6:05 [1] - 135:13

6:08 [1] - 150:10

6:15 [1] - 135:9

6:17 [1] - 150:11

6:19 [1] - 151:20

6th [1] - 46:16

7

7 [2] - 51:5

70 [2] - 87:21; 153:8

72 [1] - 86:22

74 [1] - 112:7

75 [3] - 25:12; 102:4

7th [4] - 46:16; 48:21; 136:21

8

8 [2] - 13:21, 25

80 [2] - 99:23; 153:10

9

9 [1] - 76:14

90 [1] - 9:21

96 [2] - 25:12

97 [1] - 24:11

98 [2] - 99:22; 129:25

99 [1] - 27:15

9:30 [2] - 53:2, 17

9th [1] - 92:4

A

A&M [2] - 5:20; 40:23

a.m [1] - 53:2

aback [1] - 54:21

Abileno [1] - 20:12

ability [15] - 78:23; 100:13; 101:7, 20;

118:3, 8, 19; 129:22; 131:11, 13-14, 18;

132:16; 146:7, 10

ability-to-elect [1] - 146:10

able [18] - 39:7; 49:23; 84:12; 86:21;

87:19; 92:16; 93:16; 99:25; 100:16;

112:10; 113:14; 117:5; 123:15; 129:23;

140:18; 141:3; 150:5, 20

abortion [1] - 34:10

above-entitled [1] - 152:4

absolute [1] - 139:7

absolutely [9] - 86:10; 91:12; 92:8;

99:1, 7, 20; 101:8, 16; 116:21

abundance [1] - 78:18

accept [2] - 131:1; 150:23

acceptable [1] - 77:17

accepted [3] - 76:21; 77:14; 79:5

access [3] - 70:10, 14

accessed [1] - 11:8

according [2] - 46:3

accurate [1] - 51:17

accurately [1] - 136:14

accused [2] - 81:10; 86:17

accusing [1] - 109:11

Act [20] - 42:4, 6, 8; 48:18; 49:3, 10,

12; 50:21; 54:2; 55:13; 56:25; 58:14;

62:23; 68:9, 20; 72:21; 79:7; 117:25;

132:3; 134:2

acted [1] - 75:22

activated [1] - 61:4

active [5] - 7:20, 25; 8:13; 41:15; 83:21

activism [1] - 81:19

activity [1] - 62:8

actual [2] - 15:1; 21:17

add [5] - 77:21; 137:23; 141:15; 149:24

adding [1] - 136:3

additional [11] - 27:18; 83:2; 93:16,

18; 100:8; 118:25; 138:13; 139:15, 17,

19; 143:18

address [4] - 73:16; 120:23; 139:2, 17

addressed [4] - 6:11; 8:6; 98:24; 148:1

adjourned [2] - 93:4; 151:20

adjustments [1] - 57:17

administrator [4] - 7:4, 8, 12; 10:25

adopt [1] - 16:12

adopted [5] - 64:15; 66:15; 71:24;

77:25; 126:18

adult [1] - 83:11

advocacy [4] - 8:3; 72:18, 20

advocate [1] - 6:7

affect [1] - 129:19

affected [2] - 54:21; 77:3

affiliated [2] - 8:9; 134:19

affiliations [1] - 132:24

afraid [1] - 78:11

African [79] - 41:3, 8; 42:2, 11; 82:1,

16; 83:2, 14-16, 19; 84:11, 13; 85:3;

86:16, 24; 87:9, 15, 18; 88:9, 15, 17,

21; 89:10, 24; 95:10, 16; 96:12; 97:23;

98:9; 99:5, 18, 22, 24; 101:6, 11, 18,

21; 102:10, 23; 103:6; 105:24; 106:6,

14; 107:10, 15; 110:8, 11, 15, 17-19;

111:1; 112:4, 6, 8, 12; 113:15, 20;

115:19, 24; 116:2; 119:6; 122:21;

126:20; 127:22; 129:4, 7, 12, 20, 22,

24; 131:22; 132:5, 10

African-American [48] - 41:3; 42:2, 11;

82:1, 16; 83:2, 14-16, 19; 84:13; 85:3;

86:16, 24; 87:15, 18; 88:9, 15, 21; 98:9;

99:5, 24; 101:11, 18; 105:24; 106:6, 14;

107:10, 15; 110:8, 15, 17-19; 112:4, 6,

8, 12; 113:15; 119:6; 129:4, 7, 12;

132:10

155

African-American/Anglo [1] - 127:22

African-American/Hispanic [5] -

96:12; 97:23; 99:18; 116:2; 126:20

African-Americans [25] - 41:8; 84:11;

87:9; 88:17; 89:10, 24; 95:10, 16;

99:22; 101:6, 21; 102:10, 23; 103:6;

110:11; 111:1; 113:20; 115:19, 24;

122:21; 129:20, 22, 24; 131:22; 132:5

AFTERNOON [1] - 3:1

afternoon [15] - 3:5; 4:3; 31:4; 39:19;

79:25; 80:1, 9-10; 102:18; 121:9, 13-14;

151:10

AG's [1] - 75:21

age [1] - 82:9

Age [1] - 115:13

ago [10] - 5:2; 31:9; 58:7; 60:1; 63:5;

68:4; 99:20; 138:5; 139:24; 149:10

agree [15] - 32:6; 65:23; 113:4, 6;

114:1; 126:10, 12; 127:8; 128:17;

133:20; 139:9; 140:10; 150:15, 22

agreed [4] - 43:5; 62:4; 126:5; 136:18

agricultural [1] - 38:4

ahead [8] - 13:22; 40:6; 70:1; 108:11,

16; 109:21; 111:24; 120:7

Alamo [2] - 128:4

Alford [19] - 135:21; 136:16, 22;

138:12, 18, 24; 139:2, 6, 14, 25; 140:5;

141:6, 9; 142:7; 144:14, 24; 146:15;

149:5, 14

Alford's [11] - 135:24; 136:2; 137:25;

138:3; 144:7; 145:6; 147:5, 19, 24;

148:14; 150:1

alike [1] - 103:5

all's [1] - 56:7

allegiance [1] - 132:24

allow [2] - 12:20; 137:4

allowed [7] - 9:7; 30:4; 81:22; 100:10;

118:25; 141:7

allows [1] - 73:11

almost [11] - 6:3; 29:16; 40:9, 14;

80:24; 94:10; 102:9; 126:15, 17;

133:12; 147:6

alternative [10] - 63:9, 21, 24; 64:13,

23; 65:9; 66:4, 6; 76:22; 117:24

Alton [3] - 24:24; 27:11

Alvarado [3] - 51:11, 22; 53:11

amendment [39] - 62:2, 15; 71:5, 7, 9,

12-13, 16, 18, 23; 72:1, 15, 17, 19, 25;

73:1, 16; 74:12, 23, 25; 75:2, 6-7, 9,

12-13, 15, 22, 24; 93:10; 94:11, 20;

97:2

amendments [5] - 61:23; 71:10; 92:18;

94:16

America [3] - 40:17; 79:22

American [59] - 4:18; 5:10; 41:3; 42:2,

11; 82:1, 16; 83:2, 14-16, 19-20; 84:13;

85:3, 13; 86:16, 20, 24; 87:1, 15, 18;

88:9, 15, 21; 98:9; 99:5, 24; 101:11, 18;

105:24; 106:6, 11, 14; 107:10, 15;

110:8, 15, 17-19; 112:4, 6, 8, 12;


01/20/2012 09:57:42 AM to 156 of 176 156 of 176 sheets

113:15; 119:6; 125:23; 126:1, 14;

129:4, 7, 12; 132:10

American-Statesman [2] - 83:20;

106:11

American/Anglo [1] - 127:22

American/Hispanic [5] - 96:12; 97:23;

99:18; 116:2; 126:20

Americans [25] - 41:8; 84:11; 87:9;

88:17; 89:10, 24; 95:10, 16; 99:22;

101:6, 21; 102:10, 23; 103:6; 110:11;

111:1; 113:20; 115:19, 24; 122:21;

129:20, 22, 24; 131:22; 132:5

amount [2] - 140:3; 141:23

amounts [1] - 87:19

ample [3] - 141:21; 142:20; 145:20

analyses [1] - 147:8

analysis [19] - 105:22; 142:6, 18;

143:15; 144:9, 14; 145:10; 146:9, 19;

147:19, 22; 148:2, 10, 13, 17; 149:11,

19

analyzing [3] - 77:15; 79:6

Angela [1] - 102:17

Anglo [49] - 16:25; 18:10; 19:16, 19;

21:16, 23; 23:4, 6, 21; 24:4; 26:2, 19;

29:17; 30:19; 33:3; 55:9; 67:23; 68:16;

84:8; 85:3, 24; 86:6, 8, 20; 88:9; 90:2;

95:9; 96:15, 20, 22; 97:4, 7; 98:18;

99:5; 103:14; 106:16; 110:10, 15-16;

112:5, 10, 12; 115:6; 122:13; 127:23;

132:11

Anglo-speaking [1] - 23:4

Anglos [8] - 54:19; 55:18; 68:24;

96:14; 102:22; 103:6; 113:20; 132:2

angry [4] - 53:15; 73:22, 25; 74:1

animus [1] - 60:22

annex [1] - 102:5

annexation [1] - 102:6

anomaly [6] - 24:1, 6; 30:19; 33:25;

34:2, 5

answer [7] - 36:1; 37:7; 72:12; 108:19,

23; 109:14, 21

Answer [3] - 60:5, 18; 63:4

answered [1] - 61:20

answers [2] - 140:4; 145:3

Antonio [19] - 11:11; 100:11; 102:4;

115:16; 116:10; 117:14; 126:2, 5,

16-17, 23; 127:1; 128:1, 3-4, 8, 12, 17;

147:25

apartment [1] - 17:14

Apartments [1] - 40:17

apex [2] - 95:24; 127:17

apologize [4] - 56:9; 97:21; 124:20;

150:25

appear [3] - 18:3; 36:21; 51:17

appearing [1] - 51:6

Apple [1] - 116:5

applying [3] - 148:2, 10, 13

appreciate [4] - 27:5; 102:13; 119:19;

141:10

approach [10] - 24:20; 36:8, 10; 59:21;

137:14; 146:10, 17; 148:14; 151:15

appropriations [1] - 121:23

approve [2] - 32:23; 33:23

approved [3] - 52:20; 57:14

April [11] - 45:10, 13; 46:16; 48:21;

53:2; 121:16, 22, 24

arbiter [1] - 50:24

area [90] - 6:17, 19, 23-24; 7:1; 10:15;

15:2, 18; 16:21; 17:16; 18:1, 3, 11-12;

19:2, 4, 6, 10, 17, 25; 20:4, 8, 19, 22;

21:1, 7, 17-18, 21-22, 24-25; 22:3, 5,

9-10; 23:2, 11, 13; 24:19, 23; 25:10, 21;

26:3, 14; 28:8; 29:3, 5-10, 15; 30:8, 13;

36:14, 23; 37:3, 5-6, 17, 24-25; 38:3-5,

8, 11-12, 14, 18; 70:12; 73:10; 74:24;

88:11, 18; 97:1, 18, 24; 99:16; 119:4;

127:25

areas [68] - 6:1, 4, 21; 9:4, 10; 10:12;

11:4; 12:19; 14:7, 9, 11-12; 15:6; 16:18,

20; 17:2, 4-6, 12-14, 17, 20; 19:8, 12,

21, 23-24; 21:12; 22:22, 25; 23:10,

20-21; 24:4, 8; 26:2, 18, 23; 27:8, 10,

19; 28:1-4, 11; 30:14, 20; 33:3; 73:1, 3;

83:10; 88:22; 98:9; 100:12; 103:5;

139:1

argument [4] - 94:10; 134:4; 147:7;

149:25

arguments [5] - 3:7; 66:13; 94:13;

97:8; 139:4

arranged [1] - 136:21

arrow [1] - 20:10

Arthur [1] - 110:9

article [1] - 83:20

articles [3] - 11:12

Ashley [1] - 31:4

aside [1] - 12:5

asserted [1] - 87:8

assessor [1] - 112:3

assigned [2] - 8:15; 9:4

assist [3] - 7:14; 143:10; 145:19

assistance [1] - 6:17

assistant [3] - 7:4, 11; 10:24

assisting [1] - 30:6

associated [2] - 91:9; 97:14

association [2] - 85:18; 127:19

assume [2] - 37:18; 38:5

assuming [1] - 135:3

assumption [1] - 122:9

atmosphere [1] - 53:12

attached [1] - 142:6

Attached [1] - 149:17

attempted [2] - 81:11; 99:13

attempting [1] - 97:1

attend [1] - 7:21

attended [3] - 5:7; 53:5, 13

attention [8] - 42:12; 50:25; 117:23;

118:2; 121:24; 147:6, 9, 13

Attorney [4] - 49:12; 70:14, 21; 109:14

attorney [10] - 105:5, 8; 106:23; 107:6;

110:1, 3, 5; 111:8

156

attractions [1] - 135:9

attributed [1] - 151:12

aunt [1] - 81:20

Austin [37] - 80:13, 22; 81:2, 5-7, 14,

16, 19, 24; 82:25; 83:3, 19; 84:24;

85:12, 14; 88:11, 14; 89:22, 25; 97:11;

99:11; 106:11; 116:10; 117:14; 126:25;

128:1, 5, 8, 12; 129:8; 130:5; 136:22

authority [1] - 73:13

available [4] - 111:3; 139:14; 141:23;

142:19

ave [1] - 125:24

Avenue [1] - 88:17

aware [14] - 64:15; 115:8, 18; 116:25;

122:7; 126:5, 8, 11, 13, 18, 23; 127:11,

15; 134:7

B

bachelor's [2] - 5:9, 11

background [2] - 5:14; 71:3

backgrounds [1] - 9:13

banks [1] - 82:8

barely [1] - 88:10

Barolo [3] - 15:10; 16:22

Barrientos [3] - 89:20; 123:23, 25

barring [1] - 36:6

barrio [1] - 26:3

base [4] - 112:8; 122:25; 126:8, 15

based [14] - 35:21; 49:15; 50:13;

54:18; 62:21; 73:6; 74:7, 13; 76:25;

142:18; 145:10; 146:19; 147:7

baseline [1] - 119:9

bases [3] - 135:2; 143:23, 25

basic [3] - 144:7; 146:20; 149:14

basis [2] - 13:8; 73:10

beat [1] - 113:18

beating [1] - 149:1

beautiful [1] - 10:10

beauty [1] - 24:1

became [7] - 20:24; 46:1, 24; 47:1;

83:10; 88:18; 92:11

become [2] - 29:18; 122:7

becomes [1] - 22:18

Bedford [1] - 110:9

begin [1] - 44:25

beginning [1] - 142:4

begins [1] - 127:1

behalf [4] - 8:4; 39:8; 79:8; 80:2

belabor [2] - 136:14; 141:2

belief [2] - 35:22; 69:1

belong [1] - 7:18

below [2] - 22:6; 110:6

bench [1] - 108:18

benchmark [21] - 76:10, 14; 77:11,

13-14; 78:22; 79:1, 4; 101:4; 115:8, 20,

25; 118:4, 7, 11, 19; 124:23; 125:1;

146:11, 13

benchmarks [1] - 79:2


157 of 176 sheets to 157 of 176 01/20/2012 09:57:42 AM

benefit [11] - 44:4, 12; 45:7; 46:18;

47:11; 50:1; 52:3; 53:23; 56:12; 71:7;

77:21

best [4] - 33:21; 112:23; 142:17

better [5] - 5:15; 43:12; 119:13, 20;

136:9

between [25] - 6:8, 22; 21:16; 22:9;

38:16; 56:3; 67:19; 71:13; 75:12; 76:7;

89:13; 101:9; 105:24; 107:9, 21;

116:10; 117:13; 120:10; 127:25;

132:25; 133:22; 135:10; 145:15; 146:20

Beverly [5] - 51:10; 56:23; 57:10;

67:13, 23

Bexar [5] - 102:4, 9; 122:5; 123:8;

133:21

beyond [7] - 65:19; 67:8; 70:10; 101:8;

133:1; 141:6

big [1] - 14:24

bigger [1] - 24:15

bill [2] - 78:2, 6

Bill [1] - 39:12

binary [3] - 146:17; 148:14

bisects [1] - 15:9

bit [12] - 8:17; 9:8, 13; 40:23; 52:3;

61:16; 102:20; 104:12; 105:2; 121:11;

137:2; 145:19

black [16] - 14:14; 41:25; 86:18, 21;

87:23, 25; 88:12; 95:23; 106:16;

124:14; 125:3, 10, 15; 130:4; 132:25;

145:15

Black [3] - 84:6; 85:12; 113:16

blacked [1] - 14:24

blacks [4] - 98:12; 132:22; 133:23;

134:17

Blade [1] - 20:3

blame [2] - 109:13, 18

blank [1] - 132:18

BLEDSOE [4] - 128:21, 23; 129:2;

153:15

Bledsoe [1] - 128:23

block [2] - 111:4

blocking [1] - 37:1

blocks [2] - 96:2; 98:10

blocs [1] - 96:13

blue [1] - 129:12

Board [6] - 50:12, 14, 16; 55:25; 61:3,

13

board [7] - 40:16; 82:22; 83:3, 5, 9, 16;

151:13

boards [1] - 83:10

body [3] - 7:9; 108:6; 131:5

Bohac [3] - 47:4, 12

bold [1] - 14:14

border [1] - 49:18

born [2] - 40:10

borrow [1] - 36:8

bottom [3] - 17:17; 65:15, 17

boundaries [2] - 14:15; 34:24

boundary [6] - 13:15; 22:9; 38:16;

96:9, 11; 99:7

boxes [10] - 99:18, 21, 24-25; 101:24;

102:4; 106:5, 14; 126:20

boy [1] - 5:1

Boys [2] - 5:17

branch [1] - 73:21

brand [2] - 148:11; 149:11

brand-new [2] - 148:11; 149:11

break [13] - 69:18, 22; 73:15; 119:22,

25; 120:3; 129:16; 135:9, 13; 150:10;

151:12

breaks [1] - 41:21

brief [2] - 94:8; 108:18

briefly [1] - 120:8

briefs [1] - 131:4

bring [6] - 80:4; 99:4, 13, 17; 136:6;

145:7

brings [1] - 126:19

BRINKMANN [1] - 130:16

broke [1] - 127:3

broken [1] - 96:24

Bronx [1] - 134:17

brother [1] - 81:10

brought [8] - 45:3; 62:3, 22; 82:6;

94:21; 110:4; 117:1; 137:17

Brush [1] - 28:7

Bryan [1] - 136:12

budget [1] - 121:25

building [3] - 7:15; 28:14, 17

built [3] - 12:4; 21:19; 34:24

bulk [1] - 142:2

bunch [2] - 59:1, 4

burdens [1] - 83:25

burn [1] - 145:2

Burnet [1] - 97:4

Burt [2] - 60:10, 13

businesses [1] - 114:2

busy [1] - 122:1

BY [56] - 4:2, 11; 13:23; 14:19; 15:16;

16:17; 17:23; 18:25; 21:6; 22:21; 25:7;

26:21; 27:6, 17; 31:7; 32:19; 36:12;

37:20; 39:18; 40:7; 44:3, 14; 56:11, 20;

58:5; 59:23; 65:3; 66:20; 67:12; 70:5;

72:6, 14; 80:8; 97:19; 98:6; 101:2;

102:16; 109:23; 111:25; 121:7, 12;

124:11; 125:22; 127:10; 128:6; 129:2;

153:5-12, 14

byproducts [1] - 33:8

C

C1 [2] - 93:21; 121:8

C100 [1] - 101:5

C122 [2] - 121:16; 123:15

C166 [3] - 93:21; 98:21; 100:19

C185 [17] - 88:2; 92:11; 98:13; 99:3,

24; 100:7; 101:17, 24; 114:17; 116:8;

123:1, 16; 129:4-6; 130:11

C25 [1] - 124:19

C35 [1] - 117:11

157

calendar [1] - 92:16

Callegari [4] - 47:18; 53:7, 10

campaign [6] - 8:16, 18; 82:1, 6-7;

106:8

campaigns [3] - 8:13; 41:16; 106:7

candidate [23] - 34:7; 35:15, 22; 99:25;

101:7, 19, 21; 103:21, 25; 105:19;

107:11; 110:2, 22; 111:2; 131:13, 17;

132:9-11, 16; 133:9

candidates [16] - 85:5, 19; 87:11;

89:17; 90:1; 103:8, 11; 104:2; 112:21;

113:1, 3, 7, 10, 23; 134:20

cannot [3] - 31:25; 72:12; 98:1

capacity [1] - 141:6

capita [1] - 88:7

car [2] - 41:10, 12

card [1] - 129:21

care [3] - 107:7; 108:11; 149:4

Carol [2] - 51:11, 22

carrying [1] - 97:2

case [20] - 74:12; 87:8; 88:2; 91:1;

107:17, 22; 109:10; 133:15; 134:8, 13;

135:2; 143:15; 146:1, 3; 147:6, 10, 20,

23; 148:1; 150:20

CASE [3] - 3:22; 39:16; 80:6

cases [2] - 132:18; 134:3

cast [1] - 12:5

catch [1] - 97:13

cats [1] - 43:12

causes [1] - 35:8

CD [1] - 124:24

CD100 [1] - 124:25

CD25 [10] - 101:19; 116:16, 24;

124:13; 125:1, 17; 149:4, 9, 18

CD35 [2] - 116:23

Celia [1] - 110:7

census [2] - 88:7; 98:9

center [6] - 14:25; 18:11; 25:4; 26:14;

128:15; 129:13

Central [2] - 85:14, 17

central [6] - 87:2; 95:23; 106:14;

113:15; 129:8, 12

CEO [1] - 40:16

certain [5] - 104:17, 24; 105:17;

112:13; 119:16

certainly [3] - 109:1; 137:14; 141:10

certify [1] - 152:3

cetera [2] - 18:4; 149:18

chagrined [1] - 48:24

chains [1] - 25:24

chair [1] - 74:2

Chairman [17] - 43:6, 9; 44:10, 17;

45:3, 17, 20; 46:4; 48:6; 52:8; 60:13,

17, 21; 64:6; 94:9, 24

chairman [3] - 40:16; 43:16; 60:10

Chairwoman [2] - 45:3, 21

challenged [2] - 69:11; 113:13

challenger [2] - 111:10; 112:1

challenges [1] - 49:24


01/20/2012 09:57:42 AM to 158 of 176 158 of 176 sheets

chance [7] - 33:21; 126:2; 130:22;

139:8; 140:17; 143:8

change [14] - 41:13; 45:19; 46:1;

50:18; 71:17; 74:14; 92:14, 20-21;

141:9; 143:2, 5; 146:24; 147:12

changed [12] - 34:23; 35:13; 45:20;

50:19; 54:4; 75:9; 77:19; 137:19; 144:7,

21; 145:6, 21

changes [29] - 11:17, 20, 23, 25; 12:1,

7; 52:7, 13; 62:4; 66:8; 70:24; 71:4, 6,

25; 72:2; 74:7-9, 13, 16, 23; 75:8,

10-11, 14, 20; 82:22; 92:21

changing [1] - 75:6

characterize [3] - 21:24; 28:13; 34:3

characterized [2] - 20:12; 146:6

charge [3] - 46:24; 47:1; 61:6

charged [1] - 13:7

chart [2] - 105:3; 111:18

charts [1] - 137:20

check [1] - 150:2

Chief [1] - 134:3

chief [5] - 7:4, 8, 12; 10:25; 84:5

children [1] - 4:24

choice [19] - 34:7; 35:15, 23; 67:2;

93:12; 100:1; 101:7, 19, 21; 102:11;

105:19; 107:11; 113:21; 129:23;

131:13, 17; 132:17; 133:7, 9

choosing [1] - 113:7

chose [1] - 83:17

Christo [1] - 17:5

Chronicle [1] - 11:11

church [5] - 7:20; 8:25; 25:16; 30:1

Church [1] - 7:22

Cimarron [1] - 19:11

circle [2] - 20:20; 130:4

circled [1] - 20:6

circling [1] - 20:8

circumstances [2] - 41:7; 150:18

circus [1] - 91:10

cities [3] - 8:20; 9:15, 23

Citizen [1] - 115:13

Citizens [3] - 125:23; 126:1, 14

city [19] - 19:5, 13; 24:8, 23-24; 25:2,

5, 9-10; 27:10, 12; 29:6; 38:16; 83:8,

16; 88:18; 102:6

City [3] - 9:5; 89:22, 25

claim [3] - 107:21; 139:9; 140:17

claimed [1] - 107:24

clan [1] - 81:12

clarification [2] - 6:18; 137:24

clarify [4] - 66:18; 117:8; 125:17;

138:16

clarity [1] - 131:2

class [2] - 7:23; 22:7

clear [11] - 18:1; 19:1; 31:13; 54:20;

56:8; 113:24; 127:6; 131:7; 139:1;

145:5; 148:12

cleared [1] - 109:6

clearer [3] - 139:6; 142:16; 143:12

clearly [7] - 41:11; 72:9; 110:12, 19;

112:7, 12, 16

CLERK [4] - 3:3; 69:24; 120:5; 150:12

Clerk's [1] - 94:17

client [1] - 109:16

clients [1] - 149:4

close [1] - 151:18

closed [1] - 46:2

closely [1] - 11:5

closer [2] - 86:3; 118:11

Club [4] - 5:18; 19:11; 29:7, 10

club [2] - 19:15; 26:1

Clubs [1] - 5:19

coalesce [1] - 85:4

coalition [22] - 49:15; 59:13; 76:14;

77:6; 85:8; 103:24; 107:22; 110:12;

113:8; 120:1, 9; 122:19; 130:25; 131:8,

10; 132:13; 133:4, 24; 134:10; 135:3;

145:14

Coalition [14] - 84:6, 23; 85:2; 86:12,

15; 101:14; 102:21, 25; 103:8; 105:18;

112:15, 21; 113:24

coalition's [1] - 85:22

coalitions [2] - 12:4; 134:18

cohesion [14] - 107:9, 14, 20; 132:25;

134:7, 16, 22; 135:4; 142:6, 18; 143:6;

145:14; 149:15, 17

cohesive [1] - 131:9

cohesively [1] - 132:23

cohesiveness [3] - 12:6; 105:24;

120:11

coincidence [1] - 83:17

COLEMAN [7] - 39:15, 17; 58:4; 70:4;

153:6, 9

Coleman [28] - 39:11, 19, 21; 40:3;

51:6; 57:25; 58:6; 59:24; 60:15; 63:17;

64:3; 65:4, 20-21; 66:2, 18, 21; 68:15;

69:1; 70:2, 6; 76:4, 8; 77:9, 22-23;

78:10

Coleman's [1] - 66:1

colleague [2] - 56:7; 133:10

colleagues [5] - 62:9, 11; 119:16;

129:15; 140:13

collective [1] - 135:24

college [3] - 8:14; 40:21

College [1] - 40:23

collegial [1] - 60:14

COLLYER [133] - 3:5, 12, 15, 18; 4:7,

10; 13:22; 15:13, 24; 17:25; 18:8, 14,

18, 22; 26:13; 27:1, 4, 14, 16; 30:7, 10,

13, 25; 32:13; 36:11, 17, 20, 22, 25;

37:9, 16; 39:1, 3, 12, 14, 24; 40:2, 4;

43:22, 25; 44:2; 54:24; 55:19, 22; 56:4,

9, 15; 59:22; 65:2, 23; 66:2, 10, 12, 19;

67:8, 11; 69:15, 18; 70:1; 72:5, 12;

79:15, 17, 19, 23; 80:1, 5; 97:16, 25;

100:18, 21, 23; 101:1; 107:4, 13, 18,

23; 108:1, 9, 14, 21, 24; 109:7, 13, 16,

18; 111:14, 17, 20, 23; 117:8, 16, 20;

119:22; 120:2, 7, 18, 22; 121:4; 125:20;

158

127:8, 12; 128:22; 130:8, 10, 14, 17,

21; 135:5, 15; 137:6, 13, 15; 138:15;

139:19, 22; 140:1, 10, 20, 25; 141:12;

144:17; 145:23, 25; 147:1, 3, 9, 13;

148:24; 149:2, 24; 150:4, 13

Collyer [1] - 132:1

COLMENERO [17] - 102:14, 16; 107:8,

14, 19, 25; 108:8, 13; 109:22; 111:16,

18, 22, 25; 117:12, 18; 153:11

Colmenero [2] - 102:17; 133:11

Colonia [1] - 23:14

colonia [11] - 6:18, 21, 24; 20:3, 20,

24; 23:14; 27:18; 28:2, 11; 35:1

colonias [23] - 5:20, 23-25; 6:8, 12;

8:4; 9:2; 10:13; 11:4; 13:16; 17:6, 12,

15; 18:2; 23:15; 25:1; 26:23; 27:8; 28:8;

30:5

color [3] - 54:22; 55:15; 98:17

colored [2] - 98:4, 8

Columbia [1] - 40:11

column [5] - 76:10, 16, 20; 77:8, 13

combination [3] - 74:12; 91:7; 122:22

combine [1] - 115:19

combined [6] - 97:23; 99:25; 115:24;

124:14; 125:3, 15

coming [7] - 7:14; 39:4; 42:20; 52:22;

120:25; 130:21; 135:8

comment [2] - 31:25; 56:21

comments [1] - 129:15

commissioner [2] - 83:14; 110:6

commissioners' [4] - 7:7; 16:12

commissions [1] - 83:9

Committee [6] - 52:10, 13; 71:24;

74:3; 77:25

committee [13] - 48:8; 52:8, 20-21;

57:14; 74:3; 83:14; 91:8, 13; 114:23

committee's [1] - 57:13

Committee's [1] - 71:19

committees [1] - 91:7

common [3] - 99:20; 127:25; 128:4

commonly [2] - 76:20; 79:4

communities [15] - 6:3, 13; 35:1;

63:18; 73:4; 87:23; 95:24; 97:9; 99:5;

106:6, 17; 107:15; 119:11; 127:19

Community [1] - 40:23

community [65] - 6:14; 7:18, 22;

10:12; 15:12; 16:23; 24:25; 28:10,

16-17; 29:22; 34:21; 66:23; 81:21, 25;

82:20; 83:3, 18, 21; 85:3, 21; 86:20;

87:20, 25; 88:12, 21; 95:9; 96:13, 22;

97:10; 98:18; 99:4, 8, 12, 14, 19; 103:1,

7; 104:10; 105:25; 112:25; 113:9, 11,

19, 21; 119:3, 13, 19-20; 126:19, 22;

127:20, 24; 129:4, 7; 130:4

compact [4] - 100:11; 126:19

compactness [2] - 119:2

compare [2] - 146:12; 150:2

compared [1] - 136:24

comparison [1] - 76:7

complete [3] - 48:12; 89:18; 96:10


159 of 176 sheets to 159 of 176 01/20/2012 09:57:42 AM

completely [3] - 96:16; 109:19; 142:1

compliance [2] - 79:6; 117:24

comply [1] - 136:7

composed [1] - 103:1

composition [1] - 36:14

comprised [2] - 43:17; 102:22

concentration [1] - 19:18

concept [7] - 58:20; 116:25; 117:11,

13, 16; 119:17

concepts [1] - 145:1

concern [5] - 66:13; 78:16; 126:22;

144:22

concerned [7] - 13:16; 49:20; 83:18;

137:22; 141:7; 148:11

concerning [1] - 91:2

concerns [7] - 35:9; 62:18-20; 63:2;

100:7

concluding [1] - 101:3

conclusions [2] - 142:25; 143:7

conduct [2] - 141:3, 20

conduit [1] - 6:8

confer [1] - 140:13

conference [2] - 75:5; 136:18

confident [2] - 134:25; 140:2

configuration [1] - 50:13

configured [1] - 116:24

confirm [1] - 111:13

confirmation [1] - 7:23

confused [1] - 74:20

confusing [1] - 78:7

confusion [1] - 35:8

Congress [1] - 129:20

congressional [1] - 91:23

Congressional [34] - 88:1, 23; 90:4,

23, 25; 92:1; 93:12; 95:12, 17, 19, 21;

98:11; 101:4, 7; 114:5, 12; 115:2, 20;

116:25; 117:13; 118:16, 21; 119:1, 10,

12; 121:17; 122:12, 15; 123:6; 126:21;

128:7, 11; 130:1

Congressman [6] - 99:14; 101:9, 12;

115:4; 122:11; 128:10

connected [1] - 56:15

consider [6] - 4:18; 7:23; 62:15, 18,

20; 63:2

consideration [6] - 76:21; 96:4; 97:10;

119:8, 11, 21

considered [1] - 78:15

considering [1] - 79:5

consistently [3] - 41:20; 132:5

consolidated [1] - 96:21

conspired [1] - 133:6

constable [1] - 83:16

constituency [1] - 99:17

constituent [2] - 7:13, 16

constituents [2] - 9:11; 99:8

constraints [1] - 141:22

consult [1] - 69:6

contain [1] - 96:21

contained [1] - 50:7

contentious [2] - 90:10; 93:6

contested [5] - 86:14; 101:9; 132:6;

133:8, 12

contests [1] - 133:1

context [3] - 54:15; 55:11; 68:1

continual [1] - 144:11

continually [1] - 133:6

continue [5] - 30:3; 73:11; 109:24;

141:9; 147:15

continued [2] - 54:8; 113:19

continues [1] - 55:8

conversation [6] - 54:12; 67:13, 16,

21; 68:10, 12

convince [1] - 62:15

coordinator [1] - 13:6

copies [3] - 137:11, 13, 17

copy [4] - 46:9; 48:22; 51:16; 59:24

core [3] - 41:24; 73:1, 7

corner [2] - 17:18; 25:4

corners [3] - 9:5; 59:19; 60:3

correct [87] - 12:25; 31:14, 18-19,

23-24; 32:2, 10, 25; 33:23; 34:7, 19;

35:18; 36:24; 37:6; 41:1; 46:9; 51:2;

52:14, 19; 56:6; 58:8, 10, 23; 59:11;

60:25; 61:1, 5; 63:10; 64:4, 10, 20;

65:13; 68:21; 70:8; 71:20; 74:9; 76:9;

77:6, 16; 80:14; 84:20; 90:7, 18-19;

93:4; 95:1; 102:23; 103:2, 10, 14-15;

104:1, 10, 18, 25; 105:1, 6, 9; 109:17;

110:3; 112:22; 114:9, 13; 115:4-6;

116:10, 12, 15, 20, 23; 122:13, 21-22;

124:18; 125:6, 10; 127:2, 11; 136:11;

152:3

correction [1] - 151:3

correctly [2] - 77:4; 104:15

council [2] - 83:8, 16

Council [6] - 11:8; 12:12, 18; 48:22;

69:7; 89:25

counsel [2] - 76:3; 94:16

Counsel [1] - 85:17

count [3] - 89:17; 146:11

counted [2] - 96:10; 118:4

counter [1] - 94:9

countered [1] - 140:5

counties [5] - 97:4, 7; 129:17

counting [1] - 146:16

Country [3] - 19:11; 29:7, 10

country [2] - 19:15; 26:1

county [31] - 9:8, 10, 12, 20; 16:6;

23:7; 43:2, 10; 45:15; 83:8; 85:24;

95:20; 101:10; 103:14, 16; 105:5, 8;

106:18, 23-24; 107:5, 7; 110:1, 5-6, 16;

111:3, 8; 112:3; 127:17

County [172] - 4:13; 5:8, 19, 22; 7:5, 7,

10; 8:7, 21; 9:4, 15, 20, 23; 12:24; 13:1;

14:5; 30:22; 39:22; 41:4; 42:15, 20;

43:14, 17-18, 20, 23; 44:6, 22, 25; 45:1,

19; 46:22; 47:5, 7, 14, 17, 20, 24; 48:4,

15, 20; 50:2, 7, 22; 51:12, 22; 52:5,

23-24; 53:6, 8; 54:19; 55:7, 19; 57:1,

159

13, 15; 59:2; 61:17; 62:7, 10, 19; 63:3;

65:12; 68:23; 69:2, 7; 71:11, 15, 17, 19;

74:8; 75:4; 80:21; 82:2, 4, 18; 85:7, 24;

86:5; 87:4, 11-13, 17, 20; 89:3, 12, 14;

90:2; 93:17; 95:8, 10, 16, 18, 21-22;

96:6-8, 16, 24; 97:3, 11, 18, 24; 99:5, 7,

9, 21; 100:4, 10; 101:12, 22; 102:3, 5,

9-10; 103:2, 4, 13, 16; 104:16, 18, 25;

105:23; 106:13, 15-16, 21; 107:16;

110:12, 18; 112:15, 22, 25; 113:25;

116:15, 18, 22; 119:17; 122:3, 5; 123:9,

22, 25; 126:7, 15-16; 127:2, 15-17, 21,

23-24; 128:14; 129:4, 11, 18; 133:12

County's [1] - 101:24

countywide [3] - 89:11, 20; 103:9

Countywide [1] - 104:5

couple [3] - 31:9; 121:15; 138:5

coupled [1] - 85:16

course [14] - 7:9; 10:24; 16:20;

21:18-20; 22:17; 39:21; 52:21; 60:14;

78:14; 86:2; 144:13; 145:7

Court [32] - 3:12; 39:20; 44:24; 45:8;

46:18; 47:11; 50:1; 52:4; 53:23; 71:7;

78:17; 85:1, 8; 89:8; 109:6; 122:2, 24;

123:2; 129:3; 131:1; 132:20; 134:4;

135:12; 136:8; 139:1; 142:16; 143:11,

13; 145:19; 149:20; 150:1; 152:6

court [12] - 7:7; 16:12; 69:11; 126:2, 5,

17-18, 23; 134:9; 147:21

Court's [2] - 18:16; 136:19

courthouse [1] - 7:15

COURTROOM [4] - 3:3; 69:24; 120:5;

150:12

courts [1] - 128:17

cousin [1] - 81:23

cover [1] - 140:3

coverage [1] - 134:4

covers [1] - 137:2

cow [1] - 127:25

Craddick [1] - 90:12

crafting [1] - 95:25

crazy [1] - 83:25

create [8] - 13:9; 42:14; 43:1; 73:12;

85:21; 100:8, 13; 106:3

created [7] - 13:3; 42:4, 9; 49:14;

93:17; 100:6; 116:10

creating [1] - 117:22

creation [2] - 73:5, 10

credibility [2] - 144:17

Creole [1] - 81:8

CROSS [12] - 31:6; 58:4; 102:15;

121:6; 125:21; 129:1; 153:5, 7, 11-12,

14

cross [11] - 32:16; 58:2; 70:6; 96:9, 11;

139:8; 144:20, 23; 145:3, 7, 22

CROSS-EXAMINATION [12] - 31:6;

58:4; 102:15; 121:6; 125:21; 129:1;

153:5, 7, 11-12, 14

cross-examination [8] - 32:16; 70:6;

139:8; 144:20, 23; 145:3, 7, 22


01/20/2012 09:57:42 AM to 160 of 176 160 of 176 sheets

crossover [2] - 149:4, 6

CRR [2] - 152:3, 6

CSHP [1] - 76:7

Cuchilla [10] - 19:25; 20:2, 7, 9-10,

12-13, 15; 21:1

curb [1] - 96:1

cure [1] - 139:22

current [12] - 9:9, 25; 10:24; 24:9;

27:22-24; 50:13; 76:11, 17; 77:13

custom [2] - 33:18, 20

cycle [2] - 90:10, 16

D

D.C [2] - 29:21; 40:22

D671 [5] - 104:15, 21; 105:11; 111:17

D71 [4] - 111:8; 112:14, 17

dad [3] - 82:5; 83:23

daily [3] - 13:8; 83:19; 106:12

Dallas [2] - 127:3; 133:22

Dallas/Ft [2] - 119:4; 127:25

dark [3] - 81:13; 97:22; 98:3

data [19] - 70:10, 18-19, 21; 110:25;

132:9; 133:13, 15; 142:12, 18, 25;

143:8, 11, 15; 145:15, 18; 148:13;

149:7

date [1] - 146:4

Date [1] - 152:6

daughter [1] - 4:25

David [5] - 105:5, 20; 110:5; 111:8;

133:11

Davis [3] - 110:8, 10; 135:7

Dawnna [2] - 80:3, 12

DAWNNA [13] - 80:6; 102:15; 121:6;

124:10; 125:21; 129:1; 153:10

days [7] - 41:5; 58:6; 60:1; 63:5; 88:13;

92:3; 138:5

deadline [1] - 135:25

deadlines [3] - 135:21, 23; 136:7

dealing [1] - 62:22

debate [3] - 63:16; 76:21; 119:15

decade [3] - 55:8, 20; 87:4

decade's [1] - 50:25

decide [2] - 82:12; 150:20

decided [5] - 69:2; 82:15; 90:12;

146:16

decision [2] - 82:17; 83:12

declaration [4] - 67:18, 20; 68:3, 19

defendant [1] - 144:4

Defendant's [2] - 13:21, 25

defendants [9] - 39:5; 120:10; 131:3;

135:6, 10; 137:24; 143:17; 151:8, 11

defendants' [2] - 138:21; 139:5

Defendants' [3] - 88:25; 95:5; 96:17

DEFENDANTS' [3] - 3:22; 39:15; 80:6

Defense [1] - 51:5

deference [1] - 78:18

definitely [3] - 67:23; 95:4; 115:17

degree [2] - 5:9, 11

DeLay [2] - 90:11

delegates [1] - 74:8

delegation [15] - 45:15, 22, 24-25;

47:5, 7; 48:15; 51:12, 23; 52:23; 53:6,

8, 21; 62:10; 75:5

delegations [2] - 43:2, 10

deliver [1] - 51:24

delivered [2] - 45:15; 51:25

Delwin [1] - 114:22

Democrat [1] - 133:13

democrat [7] - 35:19; 61:9; 112:5;

115:6; 132:10; 133:23; 134:11

democratic [32] - 34:19; 59:7; 61:12;

83:11; 85:11; 87:2; 95:1; 99:23; 103:16,

21, 23, 25; 106:24; 107:1; 109:25;

110:2, 5, 7, 23; 111:6, 10; 112:2; 113:2,

15; 118:23; 120:12; 129:25; 131:15,

23-24; 132:6; 134:20

Democrats [11] - 84:7; 85:12-15; 87:1;

113:16

democrats [6] - 42:19; 59:5, 13; 61:12;

94:11; 119:17

demographic [1] - 115:9

demographics [2] - 70:10

demonstrate [1] - 134:16

denied [1] - 147:22

Department [3] - 12:13; 38:1; 141:2

depict [1] - 14:9

depose [2] - 141:17; 143:8

deposed [2] - 31:8; 136:4

deposes [1] - 141:5

deposition [30] - 58:9; 59:24; 60:16;

62:24; 68:17; 135:24; 136:2, 21; 137:7;

138:7, 11, 19; 139:3, 15, 20; 140:6, 12;

141:3, 7, 14; 144:11, 23; 145:9; 148:16,

19; 149:21; 150:24; 151:3

descent [2] - 81:8; 88:15

describe [15] - 5:13; 15:6; 17:2; 19:8,

21; 20:15; 21:12; 22:3, 25; 23:10; 27:7;

29:3; 67:20; 89:8; 96:20

described [7] - 26:18; 86:13; 96:18;

101:15; 102:25; 129:21; 149:14

description [2] - 68:10, 12

DESCRIPTION [1] - 153:17

designated [1] - 49:13

designation [1] - 47:24

desire [1] - 100:13

destroy [1] - 12:1

destroys [3] - 12:5; 24:3; 28:21

details [1] - 13:19

determination [1] - 134:1

determine [8] - 31:22; 45:5; 64:8;

105:23; 107:19; 114:1, 3; 124:18

DEVANEY [18] - 79:25; 80:2, 8; 93:20;

97:19; 98:3, 6; 100:19, 22, 25; 101:2;

102:12; 120:14; 124:11; 148:25; 149:3;

153:10, 13

Devaney [8] - 80:2; 97:25; 102:21;

104:13; 111:19; 114:6; 115:2; 148:24

devastating [1] - 28:13

160

develop [1] - 45:18

developed [1] - 48:11

deviate [1] - 119:9

deviates [1] - 57:1

devoted [1] - 147:5

DFW [1] - 133:2

Diaz [4] - 13:5, 9, 13; 14:5

dictated [1] - 51:15

difference [6] - 33:12; 66:6; 95:12;

107:13, 18; 123:17

different [20] - 6:10; 8:11; 9:10; 13:10;

24:16; 28:18; 36:2; 64:6, 11; 67:19;

78:24; 96:11; 99:10; 103:5; 120:11;

122:25; 134:10; 137:9; 145:19; 150:19

differently [1] - 116:6

difficult [3] - 93:6; 144:15; 146:4

dining [1] - 53:3

DIRECT [6] - 4:1; 39:17; 80:7; 153:4, 6,

10

direct [31] - 32:12; 58:14; 67:20, 22;

68:11, 20; 78:18; 104:13; 135:20, 25;

136:3, 24; 137:1, 9; 138:1, 3, 5, 14, 23;

142:12, 15-16; 143:10; 144:15, 25;

145:12; 149:22; 150:3

directed [1] - 43:2

direction [1] - 100:12

directly [8] - 22:6; 32:13; 38:22; 53:22;

54:7, 9-10, 21

disagree [3] - 32:8; 134:24; 139:10

disagreement [2] - 146:20, 23

disappear [1] - 54:18

disappointed [1] - 150:16

disclosed [14] - 136:16, 20; 137:2;

138:4; 141:14; 142:13, 18; 143:12, 23;

145:9, 11, 16; 148:14, 17

disclosing [1] - 145:16

discover [1] - 46:13

discovery [1] - 136:6

discuss [2] - 53:4; 120:9

discussed [4] - 62:7; 115:14; 139:23;

141:21

discussing [1] - 96:23

discussion [7] - 48:10; 63:21; 93:9;

94:5; 133:2; 149:9

discussions [1] - 48:10

disproportionate [1] - 23:5

dispute [5] - 120:10; 132:22; 133:1;

134:2; 135:10

dissatisfied [1] - 66:5

distinction [1] - 78:8

district [132] - 9:1; 10:1, 11, 14; 11:5,

18, 21, 24; 12:2, 6, 8; 13:18; 14:3, 9;

15:1; 24:1, 4, 6, 9; 27:13, 22-24; 28:12;

30:21; 31:22; 32:25; 33:3, 5, 25; 36:1,

3; 41:22, 24; 42:5, 7-8; 43:5; 45:5;

47:12; 48:3; 49:2, 8, 11, 14-15; 50:15,

20; 54:3; 55:12; 57:6; 62:4; 64:8, 16;

65:1, 13, 15, 17; 70:25; 72:1, 25; 73:2,

14; 74:1, 4, 6, 11, 14, 16, 24; 80:18, 21,

23; 83:1; 84:11; 86:24; 88:4, 6; 90:24;


161 of 176 sheets to 161 of 176 01/20/2012 09:57:42 AM

93:12; 95:10, 19; 96:21; 98:20, 24;

100:8, 14, 19; 101:24; 115:3, 9, 13, 17;

116:9, 23; 117:13; 119:7; 121:11;

122:3, 7-9, 16, 18; 123:19; 126:6, 15,

25; 127:3; 128:7, 14; 129:8, 12, 14;

131:1, 25; 132:2, 14; 133:5; 134:10;

135:3; 146:10, 16, 18, 21

District [71] - 3:12; 10:2, 9; 11:15;

13:11; 14:13; 15:3, 7; 18:20; 19:9;

21:13; 24:15; 26:14, 23; 27:9; 30:11,

14; 31:14, 17, 22; 32:1, 5, 10, 23; 33:6,

14-15, 17; 36:15; 37:12; 40:11; 47:16,

19; 49:7, 11, 14; 55:16; 70:13; 73:5, 11;

80:19; 88:1, 8, 23; 90:4; 98:23; 99:17;

100:4, 6; 101:4; 115:3, 20; 116:12, 14;

117:1; 121:21; 122:12, 15; 123:8, 18;

124:5; 125:2; 126:7; 132:20; 133:2;

147:18

districting [3] - 10:20; 42:17; 43:1

districts [94] - 42:3, 23; 44:5; 45:5;

46:11; 47:11, 13; 48:18; 49:5, 18; 50:2;

52:23; 54:14, 16-17, 22, 25; 55:1, 6,

9-10, 14, 17, 22, 24; 56:13; 62:21;

63:25; 66:1; 69:2, 8, 11; 70:8, 13; 73:7;

75:8, 11, 14; 76:12, 14-15, 24; 77:3, 7;

78:22; 82:23; 90:15; 93:18; 95:12, 17,

20, 22; 96:5, 9, 12, 15; 98:11; 100:1;

116:19, 21-22; 118:3, 8, 20; 119:4, 8,

10, 12; 120:9; 126:21; 127:18; 128:11;

130:2; 131:8, 16; 132:8; 133:4, 25;

134:1; 145:14; 146:8, 11-12; 148:5;

149:4, 6, 17

diversity [1] - 127:7

divided [7] - 22:16; 95:20; 96:14; 97:8;

98:12; 126:20

dividing [1] - 21:15

division [5] - 12:15, 19, 23; 13:3, 6

Division [3] - 12:24; 13:2; 14:5

document [2] - 105:11; 141:19

Doggett [7] - 101:9, 12, 23; 115:4;

122:11; 132:15

DOJ [1] - 147:21

dokey [1] - 117:20

dollars [2] - 16:24; 19:14

done [15] - 24:3; 64:21; 74:5, 13;

75:25; 79:17; 95:25; 98:19; 120:15,

20-21, 23-24; 146:24; 150:18

door [1] - 7:22

doors [1] - 41:17

doubt [2] - 101:8, 12

down [17] - 10:12; 17:7, 14; 25:4, 16;

29:9; 67:22; 87:20; 96:1, 10; 102:7;

106:22; 127:4; 128:3; 144:14; 146:9

downtown [3] - 42:2; 73:14; 127:1

Downtown [1] - 128:2

Dr [41] - 133:18; 135:21, 24; 136:2, 16,

22; 137:25; 138:3, 12, 18, 22, 24;

139:2, 6, 14, 25; 140:5; 141:6, 9; 142:7;

144:7, 14, 24; 145:6; 146:7, 15, 21;

147:5, 18-20, 24-25; 148:2, 10, 13-14;

149:5, 14, 16; 150:1

draft [2] - 94:18; 128:4

drainage [2] - 7:15; 28:19

dramatically [1] - 30:8

draw [7] - 43:3, 18; 57:5; 93:9, 16;

147:13

drawing [12] - 31:14, 17, 21; 32:1;

42:23; 64:19; 93:14; 96:1; 102:5; 117:3,

24; 119:8

drawings [1] - 114:14

drawn [20] - 32:5, 23; 33:6, 14, 18, 25;

36:16; 48:13; 62:21, 23; 68:7; 72:24;

75:13; 95:11, 16; 99:19; 119:1; 122:10;

126:6; 127:16

drew [9] - 31:22; 69:4; 77:7; 90:14;

93:11; 94:14; 126:11, 25

drink [1] - 16:2

drive [2] - 43:13; 96:6

driven [1] - 38:10

driving [1] - 41:10

dropped [4] - 43:7, 19; 52:7; 149:16

dropping [2] - 71:14

drum [1] - 113:18

duh [1] - 86:3

Duke [1] - 124:12

Dukes [15] - 80:3, 12-13; 89:4; 97:20;

101:4; 102:12, 18; 109:24; 114:4;

117:22; 121:13; 123:5; 125:24; 130:12

DUKES [13] - 80:6; 102:15; 121:6;

124:10; 125:21; 129:1; 153:10

dumped [1] - 147:23

during [29] - 64:11; 68:6; 76:21; 77:22;

90:13, 22; 91:5, 17, 20-21; 92:5;

104:13; 109:6; 114:8, 12, 24; 115:14;

117:1, 14, 22; 119:15; 121:22; 123:4;

136:18

duties [3] - 6:6; 7:11

Dwayne [1] - 47:4

dwellers [1] - 17:15

E

ear [2] - 59:19; 60:4

early [8] - 45:10, 13; 82:7; 88:13;

141:4; 151:12, 17

earmarked [1] - 16:24

easier [1] - 151:16

east [9] - 9:6; 18:3; 26:18; 82:25; 83:3;

88:11, 17; 97:11

East [1] - 88:17

eastern [3] - 95:10, 15; 97:10

easy [1] - 3:7

economics [1] - 5:12

Edinburg [6] - 4:13; 7:21; 9:1; 25:2;

38:16

educated [1] - 5:3

education [1] - 34:16

effect [3] - 29:21; 35:5; 67:5

effected [1] - 76:15

161

effective [5] - 76:13; 77:4, 6; 85:6;

132:13

efforts [3] - 42:14; 45:11, 18

eight [2] - 6:23; 93:14

either [8] - 6:1; 8:11; 72:13; 81:25;

108:22; 111:11; 146:18, 21

elect [19] - 49:16, 23; 78:23; 99:25;

101:7, 19, 23; 118:3, 8, 19; 129:23;

131:11-13; 132:16; 146:8, 10, 22

elected [17] - 10:7; 34:23; 59:14; 82:2;

84:21; 86:5; 89:11, 20, 22, 25; 90:2;

91:8; 105:5, 8; 113:23; 123:24; 133:6

electing [1] - 85:6

election [25] - 33:19; 70:18, 21; 82:2;

84:18; 86:22; 101:9, 13; 104:5; 106:1-3,

16, 20; 113:3; 114:3; 131:19; 132:12;

145:10; 146:9, 19; 148:7

elections [36] - 12:14, 19, 23; 13:3, 6;

16:8; 49:16; 70:11; 86:11, 14; 87:3, 6,

9; 89:9, 13, 15; 103:9; 104:5, 17-18, 24;

105:3, 23; 106:12; 120:9; 130:3;

132:23; 134:21, 23; 135:4; 148:3

Elections [4] - 12:24; 13:1; 14:5; 89:3

electrical [1] - 88:16

electronic [1] - 137:7

Elementary [1] - 41:8

elementary [2] - 5:5, 7

eliminated [1] - 49:4

elimination [1] - 28:11

ELMO [1] - 51:16

emphasize [1] - 137:18

employment [1] - 9:9

enacted [24] - 10:20; 11:15; 13:12;

14:4, 10; 15:4; 18:21; 21:13; 23:20, 22;

25:14; 27:25; 28:1, 9; 32:5, 23; 33:14;

36:16; 116:7, 18; 123:6; 146:12

encompasses [2] - 9:1; 26:15

encourage [2] - 132:19; 134:13

end [12] - 19:18; 23:4, 17; 29:9, 14;

44:5; 54:12; 90:20; 142:1, 3, 5; 147:17

ended [2] - 54:13; 90:21

endogenous [3] - 148:3, 7

endorse [2] - 104:1; 113:2

endorsement [3] - 86:25; 104:2;

113:17

endorsements [5] - 85:20; 103:11;

104:9; 113:14; 114:3

endorses [1] - 103:20

ends [1] - 104:7

English [1] - 20:2

Engstrom [2] - 133:18; 149:16

ensure [3] - 97:3; 119:10; 129:16

ensuring [1] - 128:13

entire [4] - 44:24; 79:12; 82:6; 117:4

entirely [1] - 95:9

entirety [1] - 141:18

entitled [4] - 56:12; 144:4; 152:4

entry [1] - 76:6

envelopes [1] - 82:8


01/20/2012 09:57:42 AM to 162 of 176 162 of 176 sheets

epicenter [1] - 95:24

equal [2] - 59:19; 60:4

Erma [1] - 20:13

Escamilla [10] - 105:6, 8, 12, 15, 20;

107:5; 110:1; 111:8; 112:1

Escamilla's [2] - 106:19, 25

especially [2] - 85:17; 129:5

essence [1] - 55:1

essentially [1] - 43:3

establish [2] - 107:9, 14

et [2] - 18:4; 149:18

ethnic [4] - 9:14; 26:8; 36:13; 120:12

Ethnic [13] - 84:23; 85:2; 86:12, 15;

101:14; 102:20, 22, 25; 103:8; 105:18;

112:15, 21; 113:24

ethnicities [1] - 9:18

ethnicity [2] - 4:17; 38:22

eucharistic [1] - 7:23

evening [3] - 136:21; 151:18

evenly [1] - 151:12

event [1] - 36:6

events [1] - 138:17

eventually [3] - 81:13; 88:18; 92:11

everywhere [1] - 133:21

evidence [4] - 108:3; 126:24; 133:19;

134:22

evidenced [1] - 14:5

ex [1] - 23:7

ex-county [1] - 23:7

exactly [4] - 13:15; 72:8; 106:4; 123:13

EXAMINATION [22] - 4:1; 31:6; 39:17;

58:4; 70:4; 80:7; 102:15; 121:6; 124:10;

125:21; 129:1; 153:4-8, 10

examination [16] - 32:16; 70:6;

104:13; 108:20, 22, 25; 109:1; 120:15;

139:8; 141:20; 144:20, 23; 145:3, 7, 22;

149:22

EXAMINATIONS [1] - 153:3

examine [1] - 12:7

examined [1] - 11:17

examining [1] - 133:11

example [4] - 86:5; 105:4; 111:9;

113:13

examples [4] - 23:19, 22, 24

exceeded [1] - 118:6

Excel [1] - 106:17

except [3] - 35:18; 71:25; 106:3

excluded [11] - 17:3; 19:21, 23; 22:3;

23:10, 20; 25:11; 28:2, 8

excludes [1] - 24:5

excluding [1] - 138:3

exclusive [8] - 15:11; 16:22; 19:12, 15;

25:22; 26:1; 30:24

excuse [8] - 17:8; 39:24; 43:22; 44:2;

108:10; 116:8; 117:8; 146:3

excused [1] - 79:20

exhibit [13] - 37:25; 89:1, 6; 97:25;

100:18, 20-22; 104:12, 14; 111:14;

130:10

Exhibit [16] - 13:21, 25; 51:5; 63:16;

89:1; 95:5; 96:17; 97:21; 104:21; 111:8,

16, 22; 112:14, 17; 125:14

EXHIBITS [1] - 153:16

exist [6] - 72:16; 73:11; 83:1; 107:22;

134:9

existed [1] - 30:3

existing [2] - 25:13; 27:9

exists [1] - 135:4

exogenous [2] - 148:3

expensive [1] - 26:2

experience [3] - 34:25; 87:11

experienced [1] - 60:23

expert [11] - 58:18; 133:15, 18; 135:21;

136:15; 138:2; 141:18; 142:13; 144:5

expert's [1] - 143:21

experts [7] - 69:6; 138:22; 139:5;

141:4, 16; 146:21; 150:21

explain [2] - 5:24; 108:11

explained [2] - 138:18; 145:11

explanation [1] - 108:15

explore [2] - 143:25; 145:20

explored [1] - 138:12

Express [1] - 11:11

express [1] - 113:11

expressed [5] - 143:4, 6, 18-19, 24

extend [1] - 122:3

extends [1] - 122:5

extremely [1] - 50:21

eye [1] - 106:5

F

face [2] - 131:21; 141:17

faced [1] - 149:8

facetious [1] - 60:7

facilitate [1] - 6:7

facilities [1] - 88:19

facility [1] - 20:23

facing [1] - 150:16

fact [19] - 28:5; 33:4; 35:18; 62:1, 6,

11; 64:21; 68:15; 86:8; 87:13; 117:6;

121:17; 123:14; 132:7; 133:4, 12;

134:24; 144:12; 147:25

facts [2] - 127:12

failed [1] - 60:24

failure [1] - 61:2

fair [6] - 51:17; 56:24; 63:17; 97:22;

124:22

fairly [1] - 115:10

fall [2] - 16:5, 10

falsely [1] - 81:10

familiar [17] - 8:20; 9:14, 22; 10:19, 21;

19:2, 4, 6; 21:7, 9; 22:22; 23:2, 12;

84:23; 89:6; 91:3; 115:10

familiarity [3] - 8:23; 42:21; 87:3

families [2] - 21:20

family [11] - 6:15; 7:20; 29:24; 81:5-8,

13, 16, 18

162

fancier [1] - 137:21

far [7] - 47:20; 48:14, 16, 19; 64:11;

134:22; 148:11

Farias [1] - 20:12

farms [1] - 88:20

fast [1] - 106:21

father [4] - 81:24; 89:15; 106:7

fear [1] - 109:7

federal [1] - 6:9

felt [2] - 83:1; 119:13

female [2] - 82:16; 86:16

fertile [1] - 144:20

few [14] - 5:18; 30:18; 58:6; 60:1;

61:19; 63:5; 69:17; 70:3; 93:22; 98:19;

109:11; 130:25; 132:21; 139:1

fighters [1] - 85:19

figure [2] - 16:6; 123:22

file [6] - 71:9; 75:19; 92:18; 108:17;

131:4; 135:25

filed [7] - 68:3; 71:6, 16; 75:15; 136:2;

138:23; 142:7

filing [3] - 71:13; 109:6; 135:22

filings [1] - 49:12

final [6] - 28:25; 38:20; 50:23; 61:17;

123:5

finality [1] - 141:11

finally [5] - 14:16; 38:11; 56:15; 90:4;

123:21

fine [1] - 63:14

finger [1] - 15:17

fingers [1] - 96:5

finish [3] - 16:2; 120:18, 22

finished [1] - 35:10

fire [1] - 85:18

first [28] - 8:18; 23:15; 24:17; 39:24;

41:7, 10-11; 51:2; 53:14; 54:14; 81:23;

82:7, 9; 84:1; 88:11; 89:2; 90:5; 91:25;

92:2, 7, 13; 105:8; 136:17; 137:25;

138:3; 145:4; 148:1; 150:14

fits [1] - 144:25

five [19] - 41:8; 75:9-11, 14; 82:23;

95:21; 96:9, 12, 14; 98:16; 107:5;

116:19, 21; 119:25; 127:18; 130:23;

137:17; 146:22

flee [1] - 81:21

flip [1] - 112:9

floor [25] - 43:16; 44:11; 50:7; 52:22;

53:17; 61:24; 62:4, 7-8; 63:9, 12, 16;

66:5; 70:25; 71:10, 16; 74:25; 75:12,

15, 24; 92:4, 17; 93:19; 94:2; 95:2

Florida [1] - 131:16

fly [1] - 140:18

focus [4] - 14:18; 95:6; 98:23; 100:3

focused [1] - 24:7

folks [2] - 20:25; 49:23

follow [7] - 11:1; 43:20; 44:17; 67:1;

106:2; 124:12

follow-up [1] - 124:12

followed [2] - 11:5; 53:15


163 of 176 sheets to 163 of 176 01/20/2012 09:57:42 AM

following [2] - 112:16; 136:19

food [1] - 26:8

footnote [1] - 149:16

Force [2] - 121:10, 19

forced [4] - 88:13, 17, 22; 129:7

foregoing [1] - 152:3

forget [1] - 47:14

forgive [3] - 111:20, 23; 120:19

form [4] - 115:19, 24; 142:24; 144:23

formal [1] - 47:24

format [1] - 143:10

formed [1] - 134:18

former [5] - 89:19; 90:11; 110:16;

112:5; 123:22

formidable [1] - 84:5

forth [2] - 94:11; 96:1

fortunately [1] - 83:6

forward [5] - 3:19; 30:4; 45:4; 62:22;

66:15

fountain [1] - 130:17

four [14] - 10:8; 22:14-16; 29:12;

98:16; 111:6; 118:25; 126:21; 140:6;

141:16; 150:24; 151:3

four-hour [4] - 140:6; 150:24; 151:3

Fourth [1] - 42:1

fourth [1] - 83:6

frame [1] - 72:13

framed [1] - 72:13

Frank [1] - 110:16

frankly [3] - 48:24; 136:7; 137:2

Frederick [1] - 39:21

free [3] - 109:21; 130:18; 132:24

French [1] - 81:8

frequently [1] - 131:16

Friday [6] - 92:7-9, 13, 20; 93:5

friend [1] - 124:2

friends [1] - 132:12

front [2] - 54:10; 79:14

Frost [1] - 133:2

frost [1] - 133:6

function [1] - 85:10

functions [1] - 7:9

fundamentally [1] - 146:1

fundraising [1] - 8:18

future [2] - 54:23; 57:6

G

G-A-R-N-E-T [1] - 40:1

G-O-R-I-A [1] - 4:9

gain [1] - 8:23

Garcia [1] - 7:5

Garcia's [2] - 7:6, 11

garner [3] - 87:19; 113:12, 14

GARNET [7] - 39:15, 17; 58:4; 70:4;

153:6

Garnet [4] - 39:10, 21; 40:1; 55:12

Gary [1] - 128:23

gated [3] - 10:12; 15:12; 16:23

gay [2] - 85:13; 113:13

general [14] - 13:17; 24:8; 84:18; 87:3;

104:5, 7, 16, 24; 106:12; 113:3; 131:19;

132:12; 134:11

General [3] - 49:13; 89:3; 109:14

General's [2] - 70:14, 22

generally [11] - 5:25; 6:3; 17:9; 36:4, 6;

64:22; 77:13; 87:5; 131:23; 134:19

generation [1] - 4:18

gentleman [3] - 13:5; 84:8; 87:16

gently [1] - 78:16

geographical [1] - 100:12

geographically [1] - 122:10

Gerald [1] - 135:7

Geren [1] - 73:21

Girls [2] - 5:18

GIS [1] - 13:6

given [8] - 86:4; 97:10; 107:11; 109:8;

140:4; 141:23; 146:10; 149:8

glad [2] - 39:14; 110:4

Glen [1] - 112:4

golf [4] - 21:18-20; 22:17

Gonzales [7] - 10:5; 32:9; 33:4, 10-11;

80:2

Gonzales' [1] - 32:24

Gonzalo [2] - 89:20; 123:23

gosh [1] - 8:24

government [2] - 5:17; 88:14

governmental [1] - 7:9

governments [1] - 6:9

governor [2] - 57:24; 87:17

grabbed [1] - 129:17

grade [3] - 82:7

graduated [1] - 40:24

grandfather [2] - 81:11

grandfather's [2] - 81:10, 23

grasp [1] - 136:9

grassroots [1] - 8:3

great [6] - 81:9, 11-12; 87:19; 97:21;

126:21

greater [7] - 86:2; 87:21; 112:11;

116:3; 127:18; 129:25

greedy [1] - 143:15

green [13] - 14:8; 15:9; 16:21; 18:11;

21:17, 22; 22:9; 30:13; 37:11, 16, 25

Greg [2] - 110:15, 17

grew [5] - 6:23; 19:5; 21:10; 40:13;

41:5

GRIFFITH [17] - 3:10, 14; 17:8; 22:8,

12, 14, 16; 26:9, 12; 37:4, 8; 56:6;

97:13; 98:2; 141:25; 142:8, 21

grossing [1] - 25:24

ground [2] - 144:20; 149:1

group [16] - 30:5; 32:1; 52:6; 54:16;

60:22; 68:6; 82:21; 86:24; 103:1, 19;

104:4, 9; 112:24; 113:8; 132:4; 133:10

groups [12] - 11:4; 32:3; 86:24;

107:21; 113:12; 120:12; 131:21; 132:2;

133:5, 7; 134:10, 19

163

grow [1] - 40:12

growing [4] - 6:22; 21:14; 41:3; 127:21

grown [2] - 55:19, 21

growth [9] - 30:9; 55:7, 17; 77:18;

100:14; 118:24; 119:3

guarantee [1] - 33:21

Guardian [1] - 11:12

guess [8] - 5:16; 8:19; 33:8, 12; 34:8,

20; 118:13; 140:6

guidance [6] - 42:25; 43:8, 14, 21;

44:18; 45:8

gutted [1] - 74:4

H

H153 [3] - 52:17, 20

H232 [1] - 65:5

H283 [7] - 10:19; 44:13; 57:20; 58:24;

61:17; 78:6

half [3] - 16:23; 62:13; 89:2

Hall [4] - 47:7

hall [1] - 72:18

Hamilton [2] - 110:15, 17

hand [3] - 51:25; 125:3; 150:6

hand-delivered [1] - 51:25

handed [1] - 59:24

Handley [5] - 138:22; 146:7, 21;

147:20, 25

Handley's [4] - 147:19; 148:2, 10, 13

hands [1] - 87:20

handy [1] - 149:14

harbor [1] - 60:21

hard [5] - 36:1; 37:9; 85:20; 137:11, 13

Harris [62] - 39:22; 41:4; 42:14, 20;

43:14-16, 18, 20, 23; 44:6, 22, 25;

45:19; 46:22; 47:5, 14, 17, 20, 23; 48:4,

15, 20; 50:2, 7, 22; 51:12, 22; 52:5,

23-24; 53:6, 8; 54:19; 55:7, 19; 57:1,

13, 15; 59:2; 61:17; 62:6, 9, 19; 63:3;

65:12; 68:23; 69:2, 7; 71:11, 15, 17, 19;

74:8; 75:4; 99:21; 127:22; 133:22

Harvey [2] - 96:25; 97:15

HB150 [2] - 78:1

HCVAP [3] - 115:14; 116:3

head [3] - 108:5; 115:11

healthy [1] - 24:2

hear [4] - 96:20, 23; 97:14; 151:14

heard [4] - 46:15; 92:3; 126:23; 133:3

hearing [2] - 91:11; 114:18

hearings [13] - 91:1, 3, 5-6, 9, 15, 17;

114:6, 12, 20, 22, 25

heart [7] - 21:10; 25:18; 26:3, 8, 17;

95:22; 129:13

heated [1] - 67:16

Hebert [5] - 135:7; 136:13; 138:17;

144:1; 147:1

HEBERT [7] - 130:9; 135:7, 19; 147:2,

4, 11, 14

held [11] - 84:13; 91:2, 5-6, 11; 114:7,


01/20/2012 09:57:42 AM to 164 of 176 164 of 176 sheets

12, 20, 25; 134:10

hello [2] - 31:8; 58:6

help [7] - 30:4; 42:21; 83:24; 85:15;

93:9; 143:16; 150:1

helped [2] - 42:23; 62:15

helpful [1] - 83:2

helping [2] - 8:5; 93:22

Heman [1] - 81:22

hi [1] - 39:8

Hidalgo [20] - 4:13; 5:8, 19, 22; 7:4, 7,

10; 8:7, 21; 9:4-6, 15, 20, 23; 12:24;

13:1; 14:5; 30:21

hidden [1] - 149:7

hide [1] - 81:14

Higginbotham [1] - 132:20

high [10] - 5:7; 6:3; 16:24; 19:13, 18;

21:24; 26:19; 59:16; 96:4; 134:21

higher [9] - 19:18; 22:1; 23:4-6, 21;

24:4; 30:20; 33:3

highest [2] - 25:23; 102:9

highlighted [4] - 136:25; 137:8, 12;

142:17

highlighting [2] - 141:15; 150:2

highlights [1] - 146:20

highly [1] - 103:16

highway [1] - 29:5

Hildalgo [1] - 100:4

Hildebran [1] - 96:25

Hilderbran [1] - 97:15

hired [1] - 82:5

Hispanic [63] - 4:19; 6:4; 9:20; 17:6,

13, 16, 20, 22; 20:4; 21:16; 22:5, 7;

23:20; 24:5; 25:19; 30:15, 17; 34:7;

35:15, 22; 38:7, 17-18; 85:3; 87:19,

23-24; 88:10, 21; 95:23; 98:9, 12; 99:5,

24; 100:9, 13; 101:6, 25; 105:6, 25;

106:6, 13, 17; 107:10, 15; 110:8, 19;

112:12; 115:12, 17; 119:2, 6, 17-18;

122:15, 18; 123:19; 124:3, 14; 125:3,

10, 15

Hispanic/black [1] - 134:16

Hispanics [29] - 6:3; 18:9, 11; 20:16;

23:18; 30:18; 36:4, 7; 87:9; 89:10, 24;

95:11, 16; 99:22; 101:11, 18, 22; 102:9;

103:6; 110:11; 112:8; 113:20; 115:18;

122:20; 132:22; 134:17; 145:15

historical [2] - 41:25; 129:6

historically [3] - 88:12; 95:23

history [1] - 81:19

hmm [2] - 61:18; 82:11

Hochberg [5] - 49:8; 54:1; 55:15;

58:21; 59:7

hold [2] - 59:16; 114:22

homes [8] - 16:23; 19:14, 18; 21:19;

23:4, 6, 9, 17

honest [1] - 78:14

honestly [1] - 109:20

Honor [67] - 3:16; 13:20; 18:15; 26:20,

24; 27:2; 31:4; 32:11, 18; 36:10, 19, 21;

38:25; 39:2, 6, 8; 59:21; 64:25; 65:18;

66:5, 9; 67:10; 69:17, 20; 72:3, 10;

78:11; 79:11, 13; 107:9; 108:13, 17;

109:4, 22; 111:18; 117:12, 19; 120:8,

14, 16; 121:3, 9; 125:19; 127:5, 14;

128:21, 23; 130:24; 135:7; 137:11, 18,

23; 138:16; 139:21, 23; 140:16, 24;

141:11, 13; 142:2, 10; 143:20; 144:6,

22; 147:4; 149:13, 25

Honor's [3] - 78:15; 133:25; 134:6

Honors [9] - 69:21; 79:9, 21, 25;

102:17; 132:19; 134:13; 145:5; 148:12

hook [1] - 88:16

hope [1] - 3:8

hopefully [1] - 147:11

hour [12] - 139:24; 140:4-6; 145:8;

149:10; 150:24; 151:3, 7, 11

hours [11] - 62:9, 13, 18, 20; 63:2;

93:15; 94:17; 138:20; 139:16; 151:9, 12

house [5] - 38:23; 76:7; 79:5; 118:14;

128:5

House [48] - 9:25; 10:3, 20; 32:24;

33:15; 40:20; 42:17, 25; 43:1; 46:21;

47:16, 19; 49:7, 11, 14; 50:7; 57:21;

59:19; 60:3, 25; 61:6, 10, 24; 63:9;

64:15; 70:25; 73:18; 78:2, 4, 6; 80:16;

83:13; 90:11, 13, 17; 92:4, 15, 17; 93:4;

94:2; 95:2; 96:20; 97:16; 98:21; 118:16,

20

housing [3] - 10:18; 23:17; 40:17

Houston [13] - 11:11; 31:9; 39:21;

40:8, 12-13, 15, 23-24; 41:1; 42:3;

46:22

Howard [1] - 40:22

HOWELL [39] - 16:1, 4, 10, 14, 16;

20:19; 21:2; 24:12, 15, 21; 25:6; 37:1;

74:20, 23; 75:2, 16, 18; 76:2, 6, 10, 19;

77:2, 8, 11, 20; 78:1, 5, 13, 20; 117:21;

118:2, 7, 13, 17; 131:7; 143:2, 14;

144:16, 18

Howell's [1] - 109:5

Hubert [2] - 49:7, 17

huge [1] - 100:9

Hughes [1] - 143:23

HUGHES [11] - 137:16; 138:16;

140:16; 141:13; 142:5, 10, 23; 143:5;

145:5; 148:12; 149:13

hundred [1] - 29:16

hurt [1] - 50:22

hurts [1] - 66:22

I

I-35 [3] - 121:21; 123:8; 124:5

idea [2] - 117:13; 133:14

identical [1] - 126:17

identified [2] - 141:18; 146:8

identifies [2] - 104:17, 24

identify [1] - 139:13

ignore [1] - 148:22

164

illegal [1] - 102:7

immediately [5] - 19:24; 27:10; 34:22;

150:7

impact [4] - 28:10; 100:2; 119:5; 130:2

implemented [1] - 92:14

importance [3] - 108:20, 25

important [18] - 13:14; 29:25; 30:2;

49:23, 25; 50:21; 66:7, 25; 73:3, 7, 9,

13; 108:18; 117:9; 134:23; 135:16;

142:3

importantly [2] - 49:1; 139:3

impossible [4] - 93:10; 102:10;

140:23, 25

improper [1] - 149:12

improved [1] - 137:20

improvements [3] - 28:19

IN [3] - 3:22; 39:15; 80:6

in-between [1] - 75:12

include [3] - 89:19, 21, 23

included [9] - 15:7; 16:20; 19:8; 21:12;

22:25; 23:21; 26:15; 29:3; 149:19

including [5] - 55:14; 76:12; 79:6;

87:6; 138:22

income [30] - 6:4; 10:11, 14, 17; 16:24;

17:6, 12, 16, 19, 22; 18:4, 8; 19:13;

20:4, 16; 21:24; 22:1, 7; 23:6, 20-21;

24:4; 25:20; 30:20; 33:3; 38:7; 88:7

incomes [1] - 40:18

incorporated [3] - 6:1; 25:1; 52:12

increased [1] - 30:8

incumbent [7] - 35:25; 36:2, 7; 43:4;

57:3; 58:24; 82:16

incumbents [2] - 36:5; 58:21

independent [2] - 8:11

indicate [1] - 33:9

indicated [1] - 143:23

indicating [13] - 17:7, 16; 19:11, 17;

20:1; 21:15; 23:3, 13; 24:25; 25:11;

29:16; 36:15; 38:12

indicating) [7] - 15:8; 18:17; 20:7;

27:11; 29:9; 38:3; 130:6

individual [4] - 70:25; 105:4; 113:21;

129:23

individually [1] - 57:5

individuals [14] - 36:14; 37:23; 83:21;

85:5; 91:8, 13; 93:9; 103:19; 104:9;

112:13, 20; 113:8

indulged [1] - 65:20

industrial [1] - 88:19

inequality [1] - 82:25

inferior [1] - 94:14

influence [1] - 102:11

influenced [1] - 119:7

information [9] - 11:9, 14; 35:21;

56:16; 111:3; 117:7; 119:21; 140:12;

151:2

informed [3] - 10:22; 11:3, 6

infrastructure [5] - 6:1, 10-11; 17:11;

28:4

initial [7] - 4:8; 42:14, 25; 45:9, 11, 18;


165 of 176 sheets to 165 of 176 01/20/2012 09:57:42 AM

46:9

instance [2] - 131:16; 132:4

instead [3] - 35:18; 69:2; 129:17

instructions [1] - 43:10

insufficient [1] - 134:16

intact [2] - 96:16; 97:9

integrate [1] - 41:8

integrity [1] - 60:11

intent [2] - 43:11; 77:19

interest [10] - 11:3; 31:25; 32:3; 73:4;

97:9; 99:4; 126:20; 127:20; 129:19

interested [4] - 12:17; 30:5; 79:3;

82:21

Interfaith [3] - 8:1

interfere [1] - 99:16

interim [7] - 91:7, 17-19; 114:8, 20, 22

interrupt [2] - 108:2; 120:14

interrupted [2] - 108:10; 109:19

interstate [2] - 96:7

Interstate [5] - 88:16, 18; 96:6, 10;

102:5

intervenors [2] - 80:3; 135:8

introduce [2] - 39:19; 135:19

introduced [1] - 81:24

introducing [1] - 146:3

involve [1] - 150:18

involved [12] - 8:19; 42:14; 81:21;

82:3, 17, 20; 83:7, 11; 89:16; 90:6, 8;

136:10

involvement [2] - 31:21; 86:12

involves [2] - 135:20; 145:3

involving [1] - 143:15

isolated [1] - 6:2

Israel [1] - 110:7

issue [17] - 35:17; 50:1; 62:11, 22;

88:2; 120:1, 9; 131:1, 9; 133:8, 17;

135:14; 149:11, 18; 150:14, 17

issues [10] - 7:14; 28:18; 54:4; 62:10;

64:12; 66:11; 74:10; 139:17; 151:16

itself [1] - 30:18

J

Jaime [3] - 3:17; 4:6, 8

JAIME [6] - 3:22; 4:1, 8; 31:6; 153:4

January [3] - 90:17; 136:17, 21

JANUARY [1] - 3:1

Jencks [1] - 140:25

Jerry [2] - 136:12; 144:1

Jim [1] - 47:6

job [5] - 3:10; 10:22, 24; 13:18; 93:6

john [1] - 80:2

Johnson [1] - 97:5

jokingly [1] - 128:3

Jones [1] - 114:22

Joseph [1] - 7:21

journal [3] - 76:3, 6; 79:1

JUDGE [189] - 3:5, 10, 12, 14-15, 18;

4:7, 10; 13:22; 15:13, 24; 16:1, 4, 10,

14, 16; 17:8, 25; 18:8, 14, 18, 22;

20:19; 21:2; 22:8, 12, 14, 16; 24:12, 15,

21; 25:6; 26:9, 12-13; 27:1, 4, 14, 16;

30:7, 10, 13, 25; 32:13; 36:11, 17, 20,

22, 25; 37:1, 4, 8-9, 16; 39:1, 3, 12, 14,

24; 40:2, 4; 43:22, 25; 44:2; 54:24;

55:19, 22; 56:4, 6, 9, 15; 59:22; 65:2,

23; 66:2, 10, 12, 19; 67:8, 11; 69:15,

18; 70:1; 72:5, 12; 74:20, 23; 75:2, 16,

18; 76:2, 6, 10, 19; 77:2, 8, 11, 20;

78:1, 5, 13, 20; 79:15, 17, 19, 23; 80:1,

5; 97:13, 16, 25; 98:2; 100:18, 21, 23;

101:1; 107:4, 13, 18, 23; 108:1, 9, 14,

21, 24; 109:7, 13, 16, 18; 111:14, 17,

20, 23; 117:8, 16, 20-21; 118:2, 7, 13,

17; 119:22; 120:2, 7, 18, 22; 121:4;

125:20; 127:8, 12; 128:22; 130:8, 10,

14, 17, 21; 131:7; 135:5, 15; 137:6, 13,

15; 138:15; 139:19, 22; 140:1, 10, 20,

25; 141:12, 25; 142:8, 21; 143:2, 14;

144:16-18; 145:23, 25; 147:1, 3, 9, 13;

148:24; 149:2, 24; 150:4, 13

Judge [6] - 7:5, 11; 109:5; 132:1, 20

judge [10] - 7:6, 14; 8:17; 10:25; 16:6;

23:7; 101:10; 151:7, 10

Judges [1] - 128:20

judgment [3] - 136:19; 144:9

jump [1] - 141:25

June [2] - 92:4, 13

junkie [1] - 106:1

Justice [4] - 12:13; 38:1; 134:3; 141:2

justification [1] - 144:8

K

Kathy [1] - 110:9

Katy [1] - 47:20

keen [1] - 106:5

Keep [1] - 99:11

keep [4] - 106:3; 119:20; 148:25

keeping [1] - 66:24

KELLER [17] - 27:2, 5; 31:4, 7; 32:18;

36:8, 12, 19, 21, 24; 37:3, 6, 15, 20;

38:25; 153:6

Keller [2] - 31:4; 109:11

Kerrville [2] - 97:1, 18

kids [3] - 6:16; 29:23; 82:6

Kincaid [1] - 110:14

kind [37] - 7:1, 25; 8:12; 12:5, 18;

17:15; 20:10, 24; 21:10, 15, 18, 22;

22:7, 12; 23:13, 25; 24:2, 19; 25:4;

26:3, 7, 14; 28:5, 21; 30:16; 37:18;

50:24; 98:23; 102:25; 138:16; 141:22;

142:14; 143:10; 146:20; 150:15

kinds [2] - 26:4; 41:17

king [2] - 113:25

Kirk [2] - 87:14, 18

knocking [1] - 41:17

knowledge [3] - 106:9; 112:23; 130:17

165

known [5] - 19:11; 21:15; 99:9, 11;

129:24

knows [3] - 55:7; 119:13, 19

KRGV.com [1] - 11:13

Kyle [1] - 110:14

L

label [1] - 14:16

labeled [5] - 76:10; 77:13; 85:17;

116:13; 121:16

labeling [1] - 14:6

Labor [1] - 85:17

labor [2] - 85:18; 113:17

lack [2] - 6:1; 131:2

lacked [1] - 17:11

lake [1] - 15:12

Lake [2] - 127:2; 128:1

Lamar [2] - 128:9

landfills [1] - 88:20

lane [5] - 22:14

lanes [1] - 22:18

Laney [1] - 61:7

lantern [1] - 40:3

lapse [1] - 83:5

large [4] - 82:23; 84:9; 106:6; 129:24

largely [1] - 106:14

laser [1] - 26:24

last [14] - 4:8; 12:4; 55:20; 74:12;

76:16; 87:4; 111:5; 136:22; 138:8-11;

144:4

late [5] - 45:13; 53:16; 140:12; 146:4;

151:17

Latin [3] - 125:23; 126:1, 13

Latino [14] - 49:14; 55:7; 64:9; 76:13;

116:9, 23; 121:10, 18; 122:8; 131:16;

132:9, 14, 25

Latinos [9] - 102:22; 110:22; 115:24;

131:17, 20, 22; 132:5, 16; 133:23

lavenderish [1] - 98:17

law [6] - 23:12, 16; 58:18; 84:9; 135:2

lawsuit [1] - 150:22

Lawsuit [1] - 47:10

lawyer [1] - 58:16

layman's [1] - 145:25

layperson's [1] - 92:19

leader [1] - 7:24

leaders [10] - 59:15; 82:21; 83:9; 85:3;

103:1, 3, 7, 20; 104:9; 113:9

leadership [3] - 42:25; 83:19, 22

leading [3] - 57:11; 127:6, 8

leads [1] - 42:19

League [3] - 125:23, 25; 126:13

least [13] - 16:23; 44:8; 89:24; 90:9;

98:16; 117:9; 118:5; 119:1, 4-5; 135:11;

145:17

leave [3] - 20:19; 81:13; 122:25

led [3] - 71:3; 73:19; 83:12

left [5] - 55:9; 96:16; 98:17; 136:13


01/20/2012 09:57:42 AM to 166 of 176 166 of 176 sheets

legal [2] - 63:17; 134:2

Legislative [11] - 11:8; 12:11, 18;

48:22; 50:12, 16; 55:25; 61:3, 13; 69:6

legislative [12] - 66:7; 67:4; 72:1;

73:13; 78:24; 114:8, 13, 20, 24; 115:15;

117:2, 14

legislatively [1] - 58:24

legislators [3] - 28:15; 43:12; 118:18

legislators' [2] - 62:18; 63:3

legislature [20] - 31:17, 21; 41:18;

43:1; 44:10; 46:22; 57:18; 60:24; 61:2;

70:20; 94:6; 102:6; 116:8; 117:5; 126:6,

24-25; 128:10

legislatures' [1] - 77:14

lengthy [2] - 139:3; 140:4

lesbian [1] - 85:13

lesbian-gay [1] - 85:13

less [6] - 18:3; 85:4; 96:5; 125:4;

135:1; 146:13

letter [5] - 51:1, 10, 18, 20; 53:20

level [2] - 115:12; 145:15

levels [4] - 10:17; 96:2; 111:3; 115:9

licking [1] - 82:8

life [6] - 4:15; 5:15; 8:24; 30:1; 41:1;

81:3

light [3] - 37:11; 98:17

lights [1] - 28:19

like-minded [1] - 96:14

likely [1] - 109:2

likewise [1] - 31:12

limit [1] - 139:10

limited [2] - 40:18; 139:16

line [4] - 21:15; 60:1, 16; 109:24

Line [1] - 28:7

lines [8] - 13:15; 14:14, 24; 34:23;

64:16; 93:11; 96:9, 11

list [8] - 76:12; 79:1; 85:16; 89:8, 10,

18, 21; 104:16

listed [8] - 64:3; 76:13; 77:9, 11; 89:18;

105:3; 112:13

listen [1] - 140:22

listens [3] - 59:18; 60:3, 8

lists [1] - 106:10

literally [1] - 75:7

literature [1] - 85:21

litigation [2] - 42:13; 44:13

live [31] - 4:13; 6:15, 18; 7:21; 8:25;

10:2; 13:18; 16:25; 17:17; 18:9; 19:13;

20:25; 29:18, 23-25; 30:1; 36:14; 37:23;

38:8, 22; 41:9; 80:13; 88:8, 17, 22;

95:11, 16; 149:23; 150:21

lived [14] - 4:14; 7:1; 8:24; 21:21; 23:8;

29:24; 39:23; 40:8, 13; 81:2, 5

lives [7] - 6:15; 23:7, 12, 16; 29:24;

36:23; 37:17

living [2] - 29:14

Lloyd [5] - 101:23; 115:4; 122:11;

132:14

lobbies [1] - 47:10

lobbyist [1] - 47:9

local [6] - 6:9; 7:18; 119:13, 19-20;

126:22

located [3] - 17:20; 84:10; 106:14

location [1] - 88:20

locations [1] - 114:25

logical [1] - 99:7

LON [1] - 4:9

Longoria [49] - 3:17; 4:3, 6, 9, 12, 17,

20-21; 5:13; 7:3; 8:20; 9:25; 10:19;

12:7; 13:20, 24; 14:7, 20; 15:6; 16:2,

18; 17:2, 24; 19:1; 20:5; 21:7; 22:22;

23:19; 25:8; 26:22; 27:7; 28:24; 29:3,

20; 31:3, 8, 13; 32:4, 20; 33:13; 34:4;

35:11; 36:13; 37:17, 23; 38:11, 20; 39:3

LONGORIA [5] - 3:22; 4:1; 31:6; 153:4

look [33] - 12:20; 13:19; 14:20; 20:5;

28:25; 43:15; 45:4; 76:11; 79:9; 95:8,

25; 97:20; 106:19, 22; 110:6, 14, 24;

111:4; 125:1, 25; 126:3; 132:8, 19;

134:14; 139:8; 140:17, 20; 141:25;

146:22; 147:17; 148:5

looked [9] - 24:17; 64:6; 70:7; 76:23;

83:4; 116:1; 124:17; 146:7

looking [12] - 37:2; 38:14; 54:15;

100:18; 104:19; 109:25; 110:21, 25;

111:7, 12; 141:13

looks [3] - 36:19; 38:12; 133:17

lose [5] - 86:19; 108:19, 21, 25; 132:9

loss [1] - 50:20

lost [1] - 134:5

loud [1] - 54:10

Louisiana [2] - 81:9, 21

lovely [1] - 99:11

low [7] - 6:4; 17:6, 12, 16; 20:4, 16

lower [6] - 18:3; 22:7; 23:17, 20; 24:5;

25:20

lowest [2] - 102:2

LRB [2] - 50:24; 69:10

Luis [3] - 13:5; 14:4; 125:23

lunch [1] - 151:12

lynched [1] - 81:11

M

ma'am [19] - 3:19; 7:19; 8:8, 22; 9:24;

10:21; 11:16; 13:1; 18:13; 27:23; 30:12;

75:1; 76:5; 108:10; 113:10; 118:1, 6;

140:25; 141:12

machine [1] - 113:5

maintain [1] - 96:21

major [4] - 25:17; 36:6; 71:25; 96:7

majority [34] - 9:20; 61:10; 85:24;

90:12, 15; 91:22; 94:5; 95:8; 96:15;

98:12; 99:21; 100:1; 101:22; 103:13;

110:12; 113:22; 115:17, 19, 25; 116:9;

119:5; 122:8, 15, 18, 20-21, 23; 123:19;

124:14; 126:14; 127:23; 129:8, 13;

130:1

166

makers [1] - 113:25

makeup [8] - 9:14, 18, 22; 10:9; 12:1;

88:4, 6

MALDEF [4] - 117:1, 11; 119:16;

121:17

male [4] - 84:8; 112:5, 10; 113:14

Mall [2] - 25:23, 25

man [3] - 59:18; 60:2, 10

managed [1] - 106:8

manager [1] - 82:1

Manor [1] - 80:22

Manuel [1] - 9:7

map [153] - 13:10; 14:3, 7, 11; 18:2, 16,

21; 20:5; 23:25; 24:3, 15-16; 26:22;

27:8; 28:6; 29:8; 31:14; 32:2; 36:9;

37:11, 25; 42:14, 20; 43:3-5, 7, 19;

44:8-10, 21-22; 45:3, 6, 22-23, 25; 46:9,

11, 14; 48:4, 20; 49:2; 50:6, 8, 11,

14-15, 24; 51:2; 52:1, 7, 12, 15, 18-19;

57:5, 12-13, 16, 22-23; 58:24; 59:1, 3;

61:17; 62:7, 19, 21-22; 63:3, 22, 24;

64:12, 16; 66:7; 67:4; 68:7; 69:4; 71:15,

23, 25; 72:23; 74:8; 75:6, 10, 23; 77:7,

19, 23-24; 90:23; 91:9, 14, 16, 20, 23;

92:1, 7, 10, 13, 16, 20, 22; 93:9, 14, 16,

24; 94:4, 7-8; 95:25; 97:22; 98:3, 25;

100:3, 6; 117:24; 118:16; 119:9;

122:25; 124:20; 125:25; 126:2, 11, 14,

16; 127:11; 129:5

maps [25] - 12:8, 10-11, 13, 15, 18, 20;

13:3, 7, 9-10, 13; 45:14; 60:25; 61:3;

64:12, 19; 93:7; 106:11; 114:14; 117:3;

146:8; 148:21

March [1] - 45:13

mark [1] - 88:25

marked [7] - 13:21, 24; 14:24; 76:17;

104:20; 111:7; 130:11

marking [1] - 65:1

married [3] - 4:20, 22; 81:24

Marshall [1] - 81:22

Martin [1] - 133:2

material [10] - 131:5; 138:6, 13; 139:4;

140:3; 141:16; 142:2, 9, 11; 144:12

maternal [1] - 81:8

math [1] - 78:22

matter [11] - 28:5; 67:19; 68:4, 15;

69:12; 87:13; 123:14; 134:5; 135:10;

139:18; 152:4

matters [2] - 129:20; 137:19

Maxey [1] - 112:4

Mayberry [2] - 21:15; 22:11

McAllen [16] - 7:22; 8:25; 23:11, 14,

16; 24:8; 25:3, 9-10, 17, 19, 23; 26:8,

17; 38:17

McCaul [1] - 99:15

mean [29] - 20:21; 29:13; 33:7; 34:23;

54:7; 57:21; 64:17; 66:12; 68:2, 13;

72:5; 76:25; 77:2; 78:20; 92:20; 95:15;

107:4; 108:1; 117:11; 131:25; 132:1;

133:25; 135:24; 137:8; 141:1; 142:13;


167 of 176 sheets to 167 of 176 01/20/2012 09:57:42 AM

144:20; 145:25

meaning [2] - 57:21; 91:14

means [6] - 82:9; 85:1; 90:14; 91:19;

133:13; 146:18

meant [4] - 18:22; 49:2; 94:25

media [3] - 11:10, 14

meet [4] - 48:3, 14; 135:22

meeting [9] - 53:2, 5, 9-10, 13, 18-19;

54:9; 68:6

meetings [3] - 52:22, 25

MELLETT [3] - 3:16, 20; 39:6

member [19] - 31:16, 20; 40:20; 42:22;

43:5; 47:5; 48:2; 51:14; 80:16; 82:23;

83:16; 91:22; 96:20, 25; 97:16; 117:5

member's [1] - 74:11

members [32] - 8:11; 28:16; 42:21;

43:17, 22-23; 45:4; 48:6, 15, 17; 49:1;

51:11, 22; 53:6, 8, 12; 54:16; 56:25;

61:12; 62:14; 75:4, 7, 9; 77:14, 18;

79:5; 81:18; 83:8; 94:6; 119:12

members' [1] - 75:14

men [1] - 121:2

mention [1] - 149:5

mentioned [14] - 5:23; 6:5; 9:17; 18:1;

48:3; 51:1; 52:16; 103:13; 114:6, 11;

116:18; 122:11; 123:21

Mercedes [1] - 9:6

merely [1] - 138:4

met [3] - 58:6; 135:23; 136:1

methodology [1] - 148:16

Mexican [6] - 4:18; 26:8; 85:13; 86:20;

87:1; 113:16

Mexican-American [5] - 4:18; 85:13;

86:20; 87:1; 113:16

Michel [1] - 3:20

MICHEL [30] - 4:2, 11; 13:20, 23;

14:18; 15:16, 23, 25; 16:17; 17:23;

18:15, 20, 24-25; 21:3, 6; 22:19, 21;

24:11, 14; 25:7; 26:20; 27:6, 17; 31:1;

32:11; 39:2; 153:5

microphone [2] - 36:8; 94:8

middle [18] - 4:8; 10:14; 17:19-21;

18:8; 20:23; 21:11, 18; 23:13; 26:16;

38:7; 95:22; 106:22; 107:1; 128:3;

140:9, 11

midnight [1] - 136:23

midtown [1] - 73:14

Midwest [1] - 29:11

might [8] - 26:25; 31:21; 54:22; 78:11;

118:3; 128:21; 132:4; 150:19

migration [1] - 127:22

Mike [2] - 47:7

miles [3] - 102:4; 127:23; 128:16

million [7] - 16:24; 19:14; 95:18; 99:8;

118:25; 127:18; 150:18

mind [3] - 52:25; 93:20; 118:19

minded [1] - 96:14

mine [3] - 15:19; 75:11; 124:2

minimum [1] - 150:24

minister [1] - 7:23

minor [5] - 5:11; 52:7, 13; 57:17; 70:24

minorities [8] - 55:1; 66:14; 85:6; 86:9;

89:22; 94:11; 104:17; 134:11

minority [34] - 48:14, 17; 53:12; 55:6;

60:22; 62:18; 63:2; 66:22; 67:6; 68:7;

76:13; 77:7; 78:23; 86:5, 9; 89:17;

93:18; 94:6; 104:23; 112:20; 118:3, 8,

19; 119:5; 122:22; 124:14; 126:14;

131:13; 132:2, 4; 133:7, 10; 134:19

minority/majority [1] - 77:5

minute [2] - 15:25; 147:2

minutes [10] - 94:5; 107:5; 119:25;

130:23, 25; 135:13; 151:8, 11

missed [1] - 111:20

missing [1] - 142:21

Mission [11] - 5:7; 8:25; 19:5, 13; 20:4;

21:10; 24:24

misstated [1] - 136:11

mix [6] - 10:15, 17; 24:2; 30:23

mixed [6] - 10:11, 15-16; 37:18; 132:6

moment [2] - 102:14; 139:24

momentarily [3] - 80:4; 140:19, 21

Monday [7] - 92:18, 23-25; 93:5, 24;

94:17

moniker [1] - 99:11

Monte [1] - 17:5

months [2] - 29:12; 149:12

Montrose [1] - 42:2

morning [2] - 53:17; 93:6

Mortara [8] - 58:1; 70:6, 24; 73:15;

108:14; 120:7, 23; 145:11

MORTARA [32] - 58:5; 59:21, 23;

64:25; 65:3, 25; 66:4, 17, 20; 67:10, 12;

69:14; 72:3, 10; 78:11; 79:11; 108:17,

23; 109:4, 10, 15, 17; 119:25; 120:8,

16, 20; 127:5; 130:24; 131:11; 145:24;

146:5; 153:8

Mortara's [2] - 79:10; 130:22

most [20] - 4:15; 9:1; 12:14; 19:12;

25:22; 41:1; 53:6; 59:20; 61:12; 66:25;

92:12; 95:4; 96:7; 119:7; 134:22, 25;

138:4; 141:13

mother [3] - 23:12, 16; 81:25

Mother [1] - 126:25

mother-in-law [2] - 23:12, 16

move [6] - 30:4; 33:15; 35:3; 67:10;

72:13; 114:5

moved [3] - 7:1; 29:8; 129:8

moves [2] - 32:9, 24

MR [138] - 3:16, 20; 26:24; 27:2, 5;

31:4, 7; 32:18; 36:8, 12, 19, 21, 24;

37:3, 6, 15, 20; 38:25; 39:6, 8, 13, 18;

40:7; 44:3, 12, 14; 56:11, 20; 57:25;

58:5; 59:21, 23; 64:25; 65:3, 18, 25;

66:4, 8, 11, 17, 20; 67:10, 12; 69:14,

17; 70:2, 5; 72:3, 6, 10, 14; 74:19;

77:21; 78:2, 6, 11, 14; 79:8, 11, 16, 18,

25; 80:2, 8; 93:20; 97:19; 98:3, 6;

100:19, 22, 25; 101:2; 102:12; 108:17,

23; 109:4, 10, 15, 17; 119:25; 120:8,

167

14, 16, 20; 124:11; 125:19, 22; 127:5,

10; 128:6, 20-21, 23; 129:2; 130:9, 24;

131:11; 135:7, 19; 136:12; 137:11, 14,

16-17; 138:9, 16; 139:21, 23; 140:2, 16;

141:13; 142:2, 5, 10, 23; 143:5, 20;

145:5, 24; 146:5; 147:2, 4, 11, 14;

148:12, 25; 149:3, 13, 25; 153:6-10, 13

MS [63] - 4:2, 11; 13:20, 23; 14:18;

15:16, 23, 25; 16:17; 17:23; 18:15, 20,

24-25; 21:3, 6; 22:19, 21; 24:11, 14;

25:7; 26:20; 27:6, 17; 31:1; 32:11; 39:2;

102:14, 16; 107:8, 14, 19, 25; 108:8,

13; 109:22; 111:16, 18, 22, 25; 117:12,

18; 121:2, 5, 7, 9, 12; 123:2; 124:9;

127:14; 130:16; 137:23; 138:10;

140:24; 141:1; 144:6, 22; 153:5, 11

multiple [4] - 26:15; 85:11; 95:20;

149:9

municipal [1] - 88:14

Murphy [4] - 47:6, 15

must [3] - 122:1; 131:17; 140:1

N

N-O-B-I-L-E [1] - 39:13

NAACP [4] - 126:1, 14; 128:24; 129:21

name [13] - 4:5, 9, 21; 13:5; 15:10;

39:25; 49:6; 80:11; 87:16; 97:14;

106:25

names [4] - 12:16; 13:15; 17:8; 38:5

Nancy [1] - 4:9

narrating [1] - 143:6

narrative [8] - 142:6, 12, 14, 24;

145:19; 148:20; 149:6, 20

national [1] - 119:19

nature [1] - 77:19

near [1] - 96:22

necessarily [5] - 87:10; 133:7, 9;

142:15, 24

necessary [4] - 61:14; 64:18; 86:8;

120:11

need [14] - 15:23; 72:13; 96:21;

100:20; 104:14; 117:8; 130:10; 139:18;

140:22; 148:12; 149:24; 150:20; 151:15

needed [2] - 16:5; 106:8

needs [6] - 6:11, 17; 8:6; 28:18; 49:22;

135:17

negligible [1] - 56:3

neighborhood [10] - 7:2; 10:14; 15:12;

16:22; 17:1; 23:3; 41:9, 25; 42:2

neighborhoods [14] - 8:21; 9:15, 18,

23; 12:2, 16, 18, 21-22; 13:14; 35:7;

42:3; 96:2; 113:11

neighbors [1] - 96:2

Nelda [2] - 112:3, 6

nervous [1] - 35:4

never [6] - 31:16, 20; 68:16; 94:25;

133:12; 148:1

new [46] - 7:15; 16:4; 23:4, 8; 64:16,


01/20/2012 09:57:42 AM to 168 of 176 168 of 176 sheets

19; 83:18; 93:14; 116:9, 23-24; 136:3;

138:5; 139:3, 9, 13; 140:3, 17; 141:16;

142:1, 9, 11, 22; 143:9, 18, 21, 23, 25;

144:12, 15, 19, 24; 145:1, 18, 20, 23;

146:3, 5, 17, 25; 148:11; 149:11, 21

news [1] - 11:14

News [1] - 11:11

newspaper [2] - 83:19; 106:12

next [14] - 3:9, 15; 7:22; 56:21; 90:13;

96:22; 105:20; 112:9; 121:1; 136:1;

141:4, 20, 23; 147:15

nice [7] - 3:8, 10; 10:10; 22:13; 31:11;

40:4; 121:5

niece [1] - 81:25

night [4] - 81:13; 106:2; 136:23; 141:8

Nina [1] - 121:9

nine [7] - 84:22; 86:11; 95:11, 17; 96:9,

11; 142:1

NO [1] - 153:17

Nobile [3] - 39:6, 8, 13

NOBILE [28] - 39:8, 13, 18; 40:7; 44:3,

12, 14; 56:11, 20; 57:25; 65:18; 66:8,

11; 69:17; 70:2, 5; 72:6, 14; 74:19;

77:21; 78:2, 6, 14; 79:8, 16, 18; 153:7,

9

nobody [1] - 20:25

nonpartisan [2] - 49:16; 70:12

nonprofit [1] - 5:16

north [4] - 9:7; 22:8; 25:2; 27:21

northeast [1] - 85:16

northeastern [2] - 80:21; 99:19

northern [9] - 18:2, 18-20; 37:24; 96:8;

99:15; 127:2, 21

northwest [3] - 47:14, 20; 127:24

Northwest [1] - 85:15

nothing [13] - 31:13; 33:5; 74:5, 14;

91:12; 99:20; 127:25; 128:20; 130:9;

143:9; 145:12, 20

notice [1] - 147:10

nudge [1] - 78:16

Number [2] - 51:5

number [45] - 8:24; 23:5; 27:14; 28:14;

37:14; 41:22; 43:25; 44:1; 48:24; 52:15,

23; 54:19; 56:3; 59:3, 7; 65:25; 67:3;

74:8; 76:12, 15, 24; 77:17; 100:20-22;

104:14; 111:14, 21; 115:16; 118:5-7,

10, 19, 21; 121:20; 130:11, 15; 138:20;

139:25; 146:7

numbered [1] - 123:3

numbers [16] - 14:16; 15:1; 64:3;

76:12, 19-20, 25; 77:12, 15; 78:25;

79:4; 101:10

numerous [1] - 143:7

O

Oaks [1] - 41:8

object [4] - 65:19; 72:10; 127:5; 136:5

objecting [2] - 78:15; 137:18

objection [5] - 32:11; 54:5, 8; 66:12;

72:3

objections [4] - 53:19, 24-25; 74:7

objective [1] - 135:1

obscure [1] - 9:5

observe [1] - 122:2

occasion [1] - 104:11

occur [1] - 12:8

occurred [2] - 70:25; 87:4

occurring [1] - 45:9

occurs [1] - 64:17

October [2] - 136:16; 142:7

OF [22] - 4:1; 31:6; 39:17; 58:4; 70:4;

80:7; 102:15; 121:6; 124:10; 125:21;

129:1; 153:4-8, 10

offer [4] - 66:4; 71:23; 139:24; 140:6

offered [6] - 61:23; 63:9; 66:6; 71:18;

74:25; 139:14

office [18] - 9:3; 11:2; 13:5; 16:8;

34:25; 53:4; 62:12; 73:23; 75:21, 23,

25; 82:2, 12; 83:24; 85:6; 86:5; 116:3

Office [4] - 70:15, 22; 94:17; 109:13

offices [2] - 82:7; 103:9

Official [1] - 152:6

oftentimes [1] - 113:22

oil [1] - 88:20

okey [1] - 117:20

okey-dokey [1] - 117:20

Old [1] - 133:2

old [8] - 5:1; 6:23; 19:6; 30:11; 41:17;

81:10; 83:7; 116:24

older [1] - 20:16

Olimpia [1] - 3:20

ombudsman [2] - 5:21; 6:5

once [2] - 43:4; 90:12

one [71] - 8:24; 15:9; 17:11; 19:12;

20:3; 23:15; 24:4, 12, 18; 25:17; 28:22;

30:21; 33:3, 7-8; 38:6, 20; 41:7; 42:3;

45:20, 23; 48:25; 55:6; 56:16; 59:15;

74:10; 75:5, 11; 78:21; 83:4; 84:4;

88:24; 95:9; 98:16; 100:7; 102:14;

104:15; 105:19; 107:16; 110:4, 7;

111:15; 114:6, 11; 116:22; 117:7;

119:6; 124:12; 126:19; 127:13; 128:7,

15, 21; 129:14; 132:4, 7; 133:4, 15-16;

134:8; 137:16; 139:24; 140:5; 141:5,

18; 146:15; 147:16; 148:4; 150:8

one-hour [1] - 140:5

ones [2] - 79:4; 100:24

opening [7] - 107:17; 109:5; 131:2, 25;

133:24; 145:11

operating [3] - 77:15; 79:2; 118:8

operation [2] - 101:14; 113:5

opines [1] - 144:7

opinion [18] - 24:6; 91:10; 132:20;

134:6; 136:20; 141:19; 143:17, 20;

144:7, 12-13, 19; 145:9, 13, 16, 18;

149:15

opinions [12] - 142:12; 143:2, 5-6,

18-19, 21, 24; 145:1, 6; 149:8

168

opponent [7] - 84:5; 86:16; 105:12, 15;

107:1, 7, 12

opponents [1] - 84:4

opportunity [10] - 63:25; 64:9; 76:13;

105:20; 116:23; 125:24; 131:12;

142:20; 143:25; 149:21

oppose [3] - 11:23, 25; 137:24

opposed [4] - 87:10; 112:4, 10; 131:21

opposition [2] - 33:6; 113:3

orange [2] - 14:16

order [13] - 3:4; 12:7; 69:25; 103:9;

104:8; 107:14, 19; 113:12; 120:6;

123:3; 131:12; 150:12, 24

ordinance [1] - 88:14

organization [3] - 7:25; 8:3; 119:19

organizations [17] - 7:18; 82:18, 20;

85:2, 9, 11, 17; 87:2; 103:2, 7, 12, 23;

104:3; 113:15, 17, 22; 114:2

orientation [1] - 24:13

original [4] - 136:15; 147:5, 25; 148:23

originally [1] - 24:2

originated [1] - 126:7

ought [1] - 137:5

outcome [1] - 100:2

outside [13] - 14:12; 15:2; 20:1; 24:23;

28:6; 32:12, 24; 36:15; 37:25; 38:14;

127:1

overflow [1] - 93:11

overlapping [1] - 96:5

overlay [2] - 123:15

overnight [1] - 108:22

overseeing [1] - 7:16

oversees [1] - 7:9

own [6] - 43:5, 13; 64:12; 87:22; 106:3,

8

P

P-H-A-R-R [1] - 25:5

p.m [8] - 3:2; 69:22; 120:3; 150:10;

151:20

P140 [1] - 111:16

packed [1] - 30:20

packs [2] - 24:4; 33:2

Page [4] - 95:6; 105:9; 153:3, 17

page [15] - 59:25; 60:15; 62:24; 63:15;

79:12, 14; 89:1; 106:22; 108:18; 112:9;

138:22; 141:14, 25; 147:17

pages [6] - 104:23; 109:8, 12; 142:1,

17; 149:9

paid [1] - 147:9

Painter [1] - 81:24

pair [1] - 72:23

paired [4] - 49:1, 6; 102:4; 127:22

pairing [5] - 49:2; 53:25; 58:20; 59:6;

66:14

pairings [4] - 58:25; 59:3, 8

pairs [1] - 49:5

Pan [1] - 5:10


169 of 176 sheets to 169 of 176 01/20/2012 09:57:42 AM

panel [2] - 77:23; 78:21

paper [2] - 45:14; 109:6

paragraph [1] - 148:2

paragraphs [2] - 68:4; 147:24

parallel [1] - 25:18

paraphrasing [2] - 57:8

pardon [1] - 79:13

parents [1] - 29:24

Park [1] - 42:1

parks [1] - 29:17

part [43] - 5:15; 10:22, 24; 13:18; 16:6;

21:16, 23; 22:5; 24:8, 23; 25:11, 19;

26:23; 27:22, 24; 30:14; 32:8, 22;

33:13; 34:4; 36:22; 37:24; 38:4; 42:24;

47:24; 59:13; 74:2; 76:3; 78:20, 22;

82:20; 92:12; 95:13; 96:6; 100:19;

103:8; 106:7; 119:14; 127:2; 147:6, 9

participant [1] - 8:13

participate [1] - 8:16

participated [2] - 8:17; 32:1

particular [11] - 8:9; 16:25; 21:21;

24:7; 31:25; 54:4; 75:8; 90:16; 95:6;

98:24; 150:14

particularly [4] - 53:4; 70:13; 73:9;

74:9

parties [2] - 136:1; 138:1

parties' [1] - 134:20

partnerships [1] - 96:13

parts [4] - 9:12; 25:9; 30:16; 91:2

party [16] - 8:9, 11; 34:19, 22-23;

35:12; 47:21; 61:8, 10; 83:11; 91:22;

131:15, 23; 132:24; 134:20

party's [1] - 134:21

pass [8] - 31:2; 38:25; 60:24; 61:3;

75:2; 102:13; 121:2; 124:9

passed [11] - 5:1; 44:10; 50:6, 11;

52:8; 57:18, 22-23; 58:24; 116:7

Pataki [1] - 134:14

patent [1] - 146:3

paved [5] - 6:2, 24; 7:1; 17:9

paving [1] - 28:20

paying [3] - 117:23; 118:2; 121:24

peel [1] - 133:14

pen [1] - 113:25

Pena's [1] - 35:17

pending [1] - 63:10

people [27] - 26:7; 30:2; 38:22; 40:17;

41:7, 9; 49:16, 21-22; 53:15; 55:5;

66:23; 67:1; 75:22; 76:24; 78:25; 82:5;

95:19; 100:23; 121:5; 127:18; 141:5;

146:2; 150:25

people's [1] - 150:18

per [1] - 88:7

Perales [5] - 120:25; 121:9; 140:21;

144:1; 151:1

PERALES [14] - 121:2, 5, 7, 9, 12;

123:2; 124:9; 137:23; 138:10; 140:24;

141:1; 144:6, 22; 153:12

Perales's [1] - 133:18

percent [24] - 6:4; 9:21; 29:17; 84:17;

86:3, 22; 87:21; 88:8-10; 99:22; 110:10,

17-18; 112:7, 11; 115:25; 116:4; 125:4,

10; 129:25

percent-plus [1] - 115:25

percentage [6] - 6:3; 55:24; 64:7; 86:1;

110:22

percentages [3] - 110:21; 116:2; 125:2

perfect [2] - 90:14; 141:19

perfectly [1] - 151:13

performed [1] - 105:22

performing [1] - 146:19

performs [1] - 148:16

perhaps [2] - 66:17; 131:2

period [5] - 75:21; 98:25; 114:9, 21

peripherally [1] - 7:25

permanent [1] - 29:18

permanently [1] - 29:15

permission [1] - 27:2

Perry [1] - 132:20

person [5] - 42:8; 49:23; 102:11;

110:5; 113:21

personally [3] - 43:8; 124:7; 136:10

perspective [1] - 118:23

Pete [1] - 61:7

Peña [10] - 33:19; 34:5, 9, 18, 22;

35:12, 22, 25; 38:21

Peña's [3] - 33:15; 34:12, 15

Pflugerville [2] - 80:22; 99:19

Pharr [3] - 25:5; 29:6; 38:16

phone [1] - 82:8

pick [1] - 113:1

pickups [1] - 88:20

picture [1] - 139:6

pieces [1] - 56:15

pile [1] - 109:8

pin [1] - 144:14

pink [1] - 121:10

place [7] - 16:7; 20:7; 29:25; 73:13;

91:17; 99:24

place-making [1] - 73:13

placed [1] - 88:19

places [2] - 16:4; 64:15

Plaintiff [1] - 135:20

plaintiff [3] - 135:23; 144:3

Plaintiff's [7] - 63:15; 104:21; 111:7,

16, 22; 112:14, 17

plaintiff's [1] - 134:15

plaintiffs [4] - 121:10; 134:17; 135:10;

136:18

Plan [18] - 10:19; 44:13; 52:20; 57:20;

65:5; 78:6; 88:2, 24; 90:5; 92:11; 98:13,

21; 101:17; 116:8

plan [84] - 10:20; 11:1, 15, 17, 20, 23;

12:21; 13:12; 14:4, 10; 15:4; 21:13;

23:21; 25:14; 27:25; 28:1, 9, 21; 29:21;

30:11; 32:5, 24; 33:2, 8, 14; 36:16;

42:17; 43:1, 13; 45:19; 52:5, 15, 22;

55:25; 57:4; 63:10; 65:21; 69:10; 70:15;

71:12, 15, 19; 76:7; 78:3, 24; 79:1;

169

94:12, 14-15, 18-20; 98:21; 101:5;

115:8, 20, 25; 116:7, 18; 117:22; 118:4,

9, 11, 14, 20-21; 121:16; 122:25; 123:6,

10, 19; 124:24; 125:1; 126:8; 130:11;

146:12; 147:13

plans [14] - 71:17; 76:21; 77:15, 17;

79:6; 94:13; 114:12-14; 118:18; 123:3;

141:9; 144:8

plant [1] - 20:22

Plantation [3] - 19:20; 29:7, 10

Plaza [2] - 25:23, 25

plenty [1] - 139:17

plug [1] - 148:5

plurality [1] - 132:2

plus [2] - 115:25; 132:2

podium [1] - 121:3

point [22] - 32:14; 33:12; 48:12; 65:21,

25; 73:23; 78:7; 90:22; 91:21; 97:2;

108:1, 4, 11; 122:2, 7; 123:2; 131:25;

136:14; 137:4; 141:6; 144:2; 149:10

pointer [1] - 26:25

pointing [2] - 27:3; 37:2

points [1] - 107:16

polarized [5] - 107:20; 131:22; 132:8;

133:5, 22

police [1] - 85:18

policy [2] - 34:16; 102:6

political [8] - 5:11; 8:9, 19; 81:19;

82:18; 106:1; 113:5; 123:22

politically [2] - 41:15; 83:21

politics [6] - 41:14; 81:25; 82:4; 83:8,

11

polling [1] - 16:4

poor [1] - 94:19

pop [2] - 71:7, 12

popped [2] - 71:9, 13

population [16] - 26:9; 30:7, 11; 55:17,

19; 64:7; 86:9; 95:9; 97:23; 98:12;

100:10; 118:24; 119:2; 125:4; 127:22;

129:17

Population [1] - 115:13

portion [12] - 25:3; 84:9; 95:7; 96:8,

15; 97:1; 99:15; 106:15; 116:14, 16;

127:21

portions [2] - 137:1, 9

posing [1] - 94:7

position [5] - 35:13; 134:23; 142:8;

144:6; 147:21

positions [1] - 89:22

possible [3] - 86:4; 139:1; 141:5

potential [1] - 117:24

potentially [1] - 131:21

Powells [1] - 21:21

power [1] - 131:20

practical [1] - 49:15

practice [1] - 150:15

pre [5] - 71:6, 9; 75:15, 19; 92:18

pre-file [3] - 71:9; 75:19; 92:18

pre-filed [2] - 71:6; 75:15


01/20/2012 09:57:42 AM to 170 of 176 170 of 176 sheets

precinct [27] - 14:15, 17; 15:2, 7;

19:10; 22:6; 24:7; 27:12, 14, 20; 28:6,

25; 34:24; 35:6; 36:17, 19-20; 37:12;

65:16; 66:1, 3, 16; 67:4; 110:7

Precinct [32] - 14:18, 20-21, 25; 16:19;

17:3; 18:24; 19:3, 22; 20:1, 18; 21:4, 7,

9, 13; 22:4, 20, 22; 23:1; 24:11; 27:20;

29:1, 4-5; 36:23; 37:11, 15-16, 24;

38:12

precincts [19] - 12:3; 26:15; 27:18, 22;

64:16, 18, 21; 65:20, 22; 66:22; 67:5;

73:12; 96:3; 98:9; 101:11; 102:3, 8;

110:24

Precincts [2] - 25:12

precipitated [1] - 74:7

precise [3] - 124:17; 138:20; 146:17

preclearance [2] - 49:12; 147:22

predominantly [3] - 24:5; 30:15, 17

prefiled [15] - 135:20, 25; 136:24;

137:1, 25; 138:2, 5, 14, 23; 144:15, 25;

145:12; 150:3

prejudice [1] - 140:7

prejudicial [2] - 137:3; 149:12

preparation [1] - 140:8

prepare [1] - 139:7

prepared [4] - 38:1; 52:1, 6

preparing [3] - 70:15; 71:11; 118:9

present [2] - 44:15; 127:13

presentation [1] - 142:15

presented [10] - 45:23; 48:5; 93:18,

24-25; 94:2, 4; 114:14, 17

presenting [1] - 3:20

presents [1] - 56:24

president [4] - 40:16; 82:24; 84:6

presides [1] - 7:7

presume [1] - 37:7

presuming [1] - 38:9

pretty [12] - 4:15; 8:10; 9:1, 17; 10:15;

11:5, 25; 13:7; 42:22; 86:7; 143:15

prevail [1] - 131:18

prevailed [2] - 110:23; 111:2

preview [1] - 135:8

previous [6] - 11:1; 78:17; 89:23; 90:8;

119:9

previously [10] - 25:13; 96:3; 101:19;

116:17; 137:2; 142:13, 18; 143:12, 22,

24

primaries [14] - 86:23; 87:22; 107:10,

16, 23-24; 108:2, 4, 12, 18; 111:6;

131:8; 132:6; 133:13

primarily [37] - 7:13, 19; 9:21; 10:11;

11:8; 13:16; 16:24; 17:5, 12, 14, 19, 21;

19:15; 20:4, 16; 22:5; 23:4, 18; 24:23;

25:10, 20; 28:2; 29:6-8; 33:3; 38:6, 15,

17-18; 50:19; 84:4; 87:6

primary [42] - 29:23; 83:22; 84:2; 87:9;

99:23; 104:7; 105:13, 16, 23; 106:24;

107:2, 6, 12; 109:25; 110:2, 20, 23;

111:2, 10; 112:2, 10; 113:2; 120:9, 12;

130:1; 131:14, 18, 20, 24; 132:10, 17,

23; 133:1, 9, 23; 134:7, 21, 23; 135:4;

145:14

principle [1] - 66:24

principles [1] - 66:25

private [1] - 15:12

pro [1] - 46:21

probative [2] - 134:22; 148:9

problem [5] - 67:3, 5; 119:14; 131:24;

139:22

problems [3] - 41:6; 56:25; 62:8

procedural [1] - 66:11

procedure [2] - 43:20; 46:4

proceeding [1] - 141:17

proceedings [6] - 73:15, 17-20; 152:4

Proceedings [1] - 151:20

process [29] - 10:23; 11:7; 42:13; 44:5,

17, 24-25; 45:19; 46:1, 3; 47:23; 50:3;

53:15; 54:4; 56:24; 57:2-4; 66:6, 15;

71:11; 90:6; 93:23; 113:18; 114:8;

117:2; 123:4

produce [1] - 136:18

product [1] - 34:20

professional [4] - 5:14; 19:17; 140:1

professor [1] - 140:2

proffered [1] - 137:9

program [1] - 5:20

progressive [3] - 106:16; 112:5;

113:13

progressives [1] - 85:4

Progressives [1] - 85:14

project [1] - 28:5

projects [4] - 6:10; 23:17; 28:4

prominent [1] - 29:18

proof [2] - 134:12, 15

proper [1] - 149:22

properly [1] - 78:19

properties [1] - 25:22

property [3] - 20:24; 25:22, 25

proportion [1] - 26:19

proposal [4] - 95:1, 3; 121:17

propose [2] - 92:22; 108:17

proposed [24] - 25:14; 44:8; 63:21;

65:9, 21; 67:4; 76:8; 90:23; 91:25; 92:2;

98:21, 25; 99:2; 100:6, 8; 117:11, 14;

119:11; 122:3; 125:25; 126:16

pros [1] - 137:19

protect [1] - 57:5

protected [20] - 42:7, 10-11; 48:17;

49:3, 11; 50:20; 54:15, 17, 22, 25; 55:1,

13, 16; 68:9, 20; 132:3; 134:1; 135:3

protection [4] - 43:4; 57:3; 120:13;

135:3

protesting [1] - 95:2

prove [1] - 134:7

proven [1] - 134:17

provide [6] - 23:23; 26:24; 42:25; 45:8;

138:13; 142:14

provided [11] - 13:10; 14:4; 23:19;

46:7, 9; 106:11; 139:13; 148:15, 20

170

provides [1] - 40:17

providing [5] - 6:9; 143:3; 148:20;

149:20

proximate [1] - 86:1

public [10] - 83:24; 91:14; 114:12, 15,

17-18, 24; 121:16; 123:4

published [1] - 51:16

pull [10] - 18:24; 21:4; 22:20; 29:2;

86:18; 104:20; 106:21; 112:19; 124:25;

129:11

pulled [1] - 106:20

pulling [1] - 93:21

purple [2] - 98:4, 8

purpose [2] - 93:17; 97:3

purposes [2] - 49:15; 122:24

push [1] - 97:25

put [20] - 12:15, 19; 32:6-8; 42:24;

67:18; 73:1; 76:3, 6; 92:19; 94:11;

121:8; 126:6; 129:5; 133:19; 134:12;

141:7; 149:23

puts [1] - 126:14

putting [3] - 13:7; 51:4; 68:3

puzzled [2] - 131:7

puzzling [1] - 131:1

Q

quadrant [1] - 80:21

quality [1] - 97:21

questioned [1] - 134:4

questioning [4] - 77:22; 108:3, 9

questions [26] - 31:1; 39:2; 57:25;

58:1; 69:14, 17; 70:3; 74:19; 78:9, 12,

15; 79:12, 18; 93:23; 94:7; 98:19;

101:3; 109:5; 117:19; 121:15; 125:18;

138:7; 139:15; 145:4; 148:18

quick [3] - 108:15; 109:9; 148:25

quickly [1] - 141:1

quiet [1] - 78:19

quite [7] - 9:8, 13; 30:18; 48:24; 86:17;

107:6; 140:2

quote [1] - 104:14

quotes [1] - 132:21

R

race [16] - 38:21; 41:11; 84:12; 86:16;

87:14; 105:5; 106:20, 23-24; 110:1, 6-7,

14, 20; 111:10; 112:11

races [1] - 106:2

racial [7] - 9:14; 36:13; 41:6; 60:21;

86:23; 88:3; 124:13

racially [7] - 107:20; 131:22; 132:6, 8;

133:5, 8, 22

Radford [1] - 110:15

railroad [1] - 18:7

raise [3] - 53:19; 54:5, 8

raised [2] - 53:21; 138:7


171 of 176 sheets to 171 of 176 01/20/2012 09:57:42 AM

raising [1] - 78:16

Ramon [1] - 7:5

ran [9] - 5:17; 83:5; 84:1; 87:15; 110:8;

111:8; 117:13; 146:8

rare [1] - 85:22

rates [1] - 134:21

rather [1] - 151:17

Raymond [1] - 110:16

RDR [2] - 152:3, 6

RDR-CRR [1] - 152:3

re [8] - 10:7; 33:19; 84:21; 86:22; 91:8;

101:13, 23; 133:6

re-elect [1] - 101:23

re-elected [4] - 10:7; 84:21; 91:8;

133:6

re-election [3] - 33:19; 86:22; 101:13

reaches [1] - 143:7

react [1] - 48:23

reacting [1] - 68:1

reaction [1] - 150:19

read [2] - 132:21; 140:22

readers [1] - 109:9

reading [1] - 92:3

real [5] - 11:2; 30:24; 35:8; 106:21;

119:14

really [31] - 6:17; 7:17; 8:12, 18; 12:1,

5, 16-17; 18:22; 22:13; 28:3; 33:11;

35:2; 37:9; 56:9, 24; 60:8; 103:5; 108:5;

116:24; 129:6; 133:17; 137:21; 139:5,

10; 140:7; 141:5, 9; 150:19

reason [12] - 29:23; 31:17; 32:8, 22;

33:2, 13, 17; 34:4; 35:14; 72:8; 78:20;

99:7

reasons [3] - 9:17; 139:25; 143:24

rebuild [1] - 28:23

receive [2] - 43:8; 88:16

received [3] - 138:20; 139:4; 142:11

recently [4] - 8:16; 12:14; 25:1; 138:4

recognize [8] - 13:24; 14:2, 6; 34:25;

51:6; 120:25; 123:4; 138:6

recommendation [1] - 16:11

reconsidered [1] - 94:25

reconstitute [1] - 146:22

reconstituted [3] - 145:10; 146:9, 19

record [14] - 4:5; 17:25; 26:13; 37:10;

44:4, 12; 45:7; 51:4; 56:6, 8, 12; 77:22;

80:11; 152:3

recross [1] - 78:12

rectangle [3] - 14:24; 15:9

Red [3] - 11:12; 116:5; 124:25

redirect [3] - 39:1; 69:16; 70:3

REDIRECT [4] - 70:4; 124:10; 153:8,

13

Redistricting [13] - 50:12, 14, 16;

52:10-12; 55:25; 61:3, 13; 71:18, 24;

77:25; 121:18

redistricting [27] - 10:23; 11:1, 6;

12:21; 42:12; 43:23; 44:5; 45:18; 50:3;

51:1; 52:5; 57:13; 60:24; 66:25; 71:12;

78:3; 82:22; 90:6, 10, 14, 16; 91:2, 4, 6;

114:19, 23

redraw [1] - 99:2

redrawing [2] - 93:7, 17

reduce [1] - 129:22

reduction [1] - 54:19

reelection [1] - 83:18

reference [1] - 18:16

referenced [2] - 53:20; 77:23

references [1] - 77:24

referred [1] - 146:15

referring [8] - 10:16; 12:24; 13:4; 77:4;

98:2; 103:24; 104:16; 117:17

refers [2] - 76:4; 146:24

reflect [3] - 51:4; 96:18; 100:6

reflected [3] - 24:16, 18; 76:20

Reform [1] - 47:10

regard [6] - 59:16, 18; 60:2; 135:22;

147:4, 16

regarding [2] - 11:6; 42:17

registered [2] - 8:7; 134:19

registration [1] - 64:8

regular [4] - 90:17, 22; 91:21

reiterated [1] - 43:11

rejected [1] - 139:24

relate [1] - 101:4

related [2] - 134:5; 143:21

relates [1] - 84:24

relating [1] - 149:7

relationships [5] - 12:4, 17; 28:14, 22;

30:3

relatively [3] - 22:1; 23:3, 8

relevance [1] - 107:4

relevant [3] - 131:9, 14; 148:6

relies [1] - 143:8

remain [1] - 11:15

remained [3] - 57:16; 78:19

remaining [1] - 130:25

remedy [1] - 126:2

remember [9] - 3:8; 31:8; 52:15; 53:1;

56:4; 58:22; 67:14, 25; 82:7

remind [2] - 78:16

remnants [1] - 41:13

removing [1] - 54:3

rep [3] - 96:25; 97:17

repeat [2] - 57:10

Report [1] - 125:1

report [32] - 116:5; 125:2; 129:21;

133:18, 20; 136:3, 5, 15, 19-20; 137:3,

25; 138:4, 18, 22; 142:7, 22-23; 143:22;

145:8, 12; 147:4, 23, 25; 148:15, 17-18,

23; 149:5, 14; 150:23

Reporter [1] - 152:6

REPORTER [1] - 26:6

reporting [1] - 68:19

reports [15] - 135:23; 136:25; 137:20;

138:2, 21; 139:5, 11; 141:8; 142:13, 19,

25; 145:17; 148:23; 150:1

represent [9] - 11:3; 48:17; 49:21;

171

54:18; 55:18; 67:2; 80:19; 83:1; 125:24

representation [2] - 51:17; 63:18

REPRESENTATIVE [20] - 39:15, 17;

58:4; 70:4; 80:6; 102:15; 121:6; 124:10;

125:21; 129:1; 153:6-8, 10

Representative [54] - 10:6; 32:9, 24;

33:4, 10-11, 15, 19; 34:5, 9, 12, 15, 18,

22; 35:12, 17, 22, 25; 38:21; 39:10;

42:19; 44:21, 23; 45:2; 46:20; 47:4, 6;

54:6-8; 58:6; 65:4; 66:15, 21; 68:6, 15;

69:1; 75:4; 80:3; 87:14; 89:3; 97:20;

101:3; 102:12, 18; 109:24; 114:4;

121:13; 123:5; 130:11; 133:3, 11

representative [14] - 30:21; 42:18;

61:7; 74:25; 80:13; 82:13, 15; 83:15;

90:23; 94:9; 112:6; 117:21; 122:1;

124:12

representatives [1] - 68:7

Representatives [9] - 10:1, 4, 20;

40:20; 46:21; 57:22; 60:3; 78:4; 118:16

represented [6] - 49:7; 80:23; 81:22;

99:15; 115:3

representing [2] - 33:5; 55:15

represents [6] - 10:3; 89:9; 97:18, 23;

98:8; 122:12

republican [20] - 34:19; 35:12, 18;

45:24; 55:10; 59:11; 62:14; 97:17;

99:15, 21; 100:1; 119:16; 127:23;

129:8, 13, 15; 130:2; 131:15, 17

republicans [9] - 42:20; 47:22; 55:17;

59:13; 62:17; 63:1; 68:23; 90:13

request [6] - 13:13; 94:23; 104:2;

117:1, 4; 139:16

requested [1] - 53:11

requests [3] - 7:13, 16; 9:11

require [1] - 9:9

required [1] - 92:17

research [1] - 83:20

reset [1] - 15:23

reside [1] - 4:12

residents [24] - 6:8; 8:4; 9:13; 13:17;

16:25; 17:22; 18:11; 19:13, 16, 18-19;

20:15; 23:5; 26:19; 28:15; 29:18; 30:4;

35:6; 38:7

resolve [3] - 135:12; 150:14; 151:17

resolved [2] - 41:6; 135:17

respect [7] - 47:23; 50:1; 58:21; 71:19;

105:22; 112:13; 140:16

respectful [1] - 130:14

respective [1] - 70:12

respond [5] - 7:13; 139:10; 140:18, 21

responding [1] - 7:15

response [5] - 109:5; 114:4; 142:8;

150:5

responses [1] - 138:13

responsibilities [2] - 7:6; 16:6

responsibility [2] - 16:5; 131:2

responsive [2] - 138:6; 142:11

rest [3] - 37:19; 55:14; 99:10

restate [1] - 32:21


01/20/2012 09:57:42 AM to 172 of 176 172 of 176 sheets

result [3] - 61:2; 81:12; 83:7

results [3] - 106:20, 24; 109:25

resume [1] - 135:14

retire [1] - 82:16

retired [2] - 29:13

retrogression [4] - 144:8, 13; 145:9;

146:14

retrogressive [1] - 94:12

revealed [1] - 82:9

review [5] - 12:8, 10; 14:7; 94:18;

127:16

reviewed [1] - 12:11

reviewing [1] - 70:8

rewriting [1] - 93:6

right-hand [1] - 125:3

rights [4] - 58:18; 70:8; 120:12; 150:19

Rights [20] - 42:4, 6, 8; 48:18; 49:3,

10, 12; 50:21; 54:2; 55:13; 56:25;

58:14; 62:23; 68:9, 20; 72:21; 79:7;

117:25; 132:3; 134:2

River [1] - 41:8

Road [3] - 17:5; 28:7; 38:14

road [6] - 17:8; 21:14; 22:8, 10, 12

roadmap [2] - 139:7; 141:20

roads [3] - 6:2, 25; 20:20

Roberts [1] - 134:3

rocks [1] - 6:25

Rodriguez [1] - 134:14

role [1] - 16:14

rolled [1] - 121:18

Ron [4] - 87:14, 17; 110:8, 10

room [4] - 53:3; 54:11; 55:5

rooms [1] - 75:6

Roscoe [1] - 39:12

roughly [4] - 88:8; 93:4; 94:5, 17

round [2] - 29:19; 114:19

rounded [1] - 56:2

route [1] - 18:4

Rule [1] - 137:4

rule [3] - 92:17, 20

Rules [1] - 74:3

rules [1] - 92:14

run [17] - 25:18; 66:14; 82:12, 15;

83:12, 17, 23; 84:1; 101:23; 103:9;

106:7; 113:2; 128:11, 15; 135:16;

141:22

running [6] - 22:8; 33:11; 86:4; 105:19;

107:5; 110:16

runoff [1] - 84:16

runs [4] - 8:12; 123:8; 128:8; 129:9

rural [6] - 97:4, 6-7; 129:14, 16

Russ [3] - 39:6, 8, 13

S

S249 [1] - 63:15

safety [1] - 81:21

sample [1] - 137:8

Sampson [1] - 110:9

San [20] - 9:6; 11:11; 100:11; 102:4;

115:16; 116:10; 117:14; 126:2, 5,

16-17, 23; 127:1; 128:1, 3-4, 7, 12, 17;

147:25

Sanchez [2] - 87:16, 18

sanity [1] - 83:5

Sary [1] - 4:21

sat [1] - 145:8

Saturday [1] - 136:20

save [1] - 81:11

saw [8] - 48:12; 51:2; 55:12; 92:2, 10,

13, 20; 96:4

scheme [1] - 56:2

school [12] - 5:6-8; 6:16; 17:20; 82:22;

83:3, 5, 9, 15; 84:9

schools [4] - 17:21; 83:1; 96:4

science [1] - 5:11

scope [4] - 32:12, 14; 65:19; 78:17

Scott [4] - 49:8; 55:15; 152:3, 6

screaming [1] - 149:11

screen [14] - 15:21; 19:1; 51:5, 7;

63:15; 64:25; 65:5; 67:18; 68:3; 76:7;

98:5; 106:23; 111:12; 130:4

sea [1] - 121:2

searched [2] - 41:12

seat [3] - 77:1; 84:13, 21

seated [4] - 3:3; 69:24; 120:5; 150:12

seats [10] - 48:25; 50:7, 12, 22; 54:14,

17; 55:2; 56:2; 119:1

second [2] - 24:12; 83:6

Secretary [6] - 5:21; 6:6; 9:3, 7; 11:2;

34:25

Section [5] - 42:6; 48:18; 131:11

sector [2] - 5:17

see [46] - 12:21; 13:14; 20:20; 27:3;

31:11; 39:14; 48:20; 58:11; 63:15, 19;

64:1; 65:4, 7, 13, 17; 70:21; 75:20;

79:11, 14; 89:2; 90:23; 91:20, 25; 92:7,

16; 95:25; 98:1, 4, 14, 21; 104:19;

105:9; 106:25; 110:14; 112:9; 123:16;

125:2, 4; 135:2; 150:6; 151:19

seek [2] - 91:22; 103:11

seem [1] - 30:21

segment [2] - 45:24

segregation [1] - 129:7

select [7] - 103:1, 3, 8, 25; 107:11;

113:8; 122:25

selected [1] - 83:8

selection [1] - 113:18

selects [2] - 103:20

sells [5] - 134:8; 136:9; 138:17;

139:12; 143:17

SELLS [12] - 26:24; 136:12; 137:11,

14, 17; 138:9; 139:21, 23; 140:2; 142:2;

143:20; 149:25

Sells [1] - 136:12

Senate [5] - 57:23; 60:25; 118:20;

147:18; 149:18

senate [10] - 147:6, 9, 13, 20, 23;

148:1, 7, 13, 18, 22

172

senator [3] - 84:5; 89:20; 123:23

Senator [3] - 87:15; 123:22, 25

send [2] - 12:13; 51:20

Senfronia [2] - 42:18; 51:11

sense [3] - 75:17; 85:8

sent [4] - 51:1, 10, 21; 57:23

sentence [1] - 148:4

separate [7] - 95:11, 17, 21; 96:14;

126:21; 134:2; 145:17

separated [4] - 12:2; 99:13; 130:1

separating [2] - 96:2; 97:3

sequence [1] - 138:17

serious [3] - 35:9; 132:22; 133:1

serve [6] - 6:7; 42:8; 74:3; 83:10;

121:23

served [4] - 46:22; 76:24; 78:3; 123:25

service [2] - 79:22

services [3] - 8:5; 17:11; 82:25

Session [1] - 132:19

SESSION [1] - 3:1

session [19] - 53:16; 90:13, 17, 20-22;

91:5, 19, 21; 92:5; 114:13, 20, 24;

115:15; 117:4, 15; 121:22

set [4] - 16:5; 88:2; 102:14; 136:8

settle [1] - 81:7

settled [1] - 88:11

seven [2] - 82:6; 89:21

seventh [1] - 4:18

several [5] - 5:18; 23:16, 24; 62:9

sewer [2] - 20:22

shaded [9] - 14:8; 16:21; 22:9; 37:5,

24-25; 38:12

shading [6] - 37:12; 97:22; 98:2-4, 8

shadow [1] - 101:8

share [2] - 70:20; 117:7

sharp [1] - 150:15

Shary [1] - 19:20

sheet [1] - 112:20

sheriff [1] - 110:16

sheriff's [1] - 110:14

shift [1] - 144:16

shifting [3] - 144:9

short [3] - 18:10; 88:9; 94:8

shortly [2] - 88:1; 97:2

show [21] - 13:20; 15:13; 16:18; 24:11;

25:8; 26:22; 37:2; 38:2; 63:12; 77:18;

88:25; 91:10; 95:5; 110:4; 111:13;

116:6; 120:11; 129:6; 137:8; 149:17

showed [5] - 12:15, 19; 104:13; 111:19

showing [3] - 64:25; 89:1; 96:17

shown [3] - 37:11; 106:12; 116:3

shows [2] - 106:23; 133:20

shrunk [1] - 55:20

sic [1] - 133:11

side [11] - 17:19; 18:2; 22:2; 25:5;

125:3; 132:13; 133:17; 134:24; 135:12,

25; 139:6

sides [1] - 151:13

significant [1] - 123:21


173 of 176 sheets to 173 of 176 01/20/2012 09:57:42 AM

silly [1] - 3:6

similar [1] - 94:10

simple [2] - 77:12; 78:22

simply [1] - 123:2

single [7] - 82:22; 104:11; 128:14;

131:5; 142:7

sits [1] - 95:9

sitting [3] - 55:5; 77:1; 117:5

situation [1] - 81:9

six [3] - 5:1; 22:14; 145:8

six-hour [1] - 145:8

six-year-old [1] - 5:1

size [1] - 95:19

skip [1] - 61:21

skipped [1] - 61:19

slap [1] - 102:7

slate [2] - 85:21; 132:18

small [5] - 14:25; 15:9; 24:25; 25:2;

112:24

smaller [3] - 23:17; 116:16; 141:4

Smith [11] - 42:19; 45:3, 11, 17, 21;

46:8; 51:10, 21; 128:9

so-called [1] - 133:4

social [1] - 11:14

socioeconomic [4] - 9:22; 10:9; 88:4,

6

software [1] - 42:22

solely [2] - 35:21, 24

Solomons [15] - 43:6, 9, 16; 44:23;

46:4; 48:6; 52:8; 60:10, 13, 17, 21;

64:6; 94:9, 24

Solomons' [5] - 44:10, 17; 75:10;

77:23

someone [4] - 33:22; 43:13; 86:4;

119:13

someplace [1] - 128:16

something's [1] - 145:21

sometimes [3] - 43:11; 47:14; 64:18

somewhat [1] - 67:19

somewhere [2] - 46:16; 149:7

son [1] - 4:25

sorry [29] - 20:6, 10, 14; 29:8; 32:21;

35:16; 39:12; 45:11; 46:18; 47:13;

57:10; 67:8; 73:6; 74:20; 97:13; 98:15;

102:2; 103:20; 108:14; 109:19; 111:20,

23; 115:3; 120:14; 121:20, 23; 128:23

sort [3] - 45:8; 47:24

sought [1] - 141:16

soul [4] - 25:19; 26:3, 8, 17

sounds [1] - 40:4

sources [2] - 11:10

south [5] - 9:6; 19:5, 17; 22:9; 29:5

South [3] - 25:24; 29:15; 42:1

southeast [1] - 17:17

southern [4] - 29:9; 96:6; 100:14;

116:14

Spanish [1] - 64:7

spanned [1] - 127:18

speaker [7] - 46:21; 73:18-21; 90:11

Speaker [8] - 59:9, 11, 14, 16, 18;

60:2; 62:8, 15

speaker's [5] - 53:3; 73:23; 74:2; 75:5,

23

speaking [8] - 9:2; 16:21; 22:1; 23:4;

44:12; 49:5; 72:20; 73:16

Spears [2] - 112:4, 6

special [2] - 92:5

specific [5] - 12:20; 43:14; 52:3;

110:22; 111:1

specifically [6] - 37:22; 72:22; 73:25;

74:1; 105:4

specifics [1] - 61:22

specify [1] - 118:13

speculation [1] - 72:4

speech [2] - 95:2, 13

speed [1] - 26:25

spell [2] - 4:7; 39:24

spend [4] - 7:19; 29:12; 30:1

spent [7] - 5:15, 20; 28:3, 14; 41:1;

75:5; 107:5

split [14] - 14:21; 19:10; 26:14; 36:20;

64:16, 18, 21; 65:20; 67:4; 84:12;

116:19, 21

splits [4] - 24:7; 35:6; 66:1, 3

splitting [2] - 66:16, 21

spoken [4] - 31:16, 20; 73:23; 74:4

spreadsheet [1] - 106:17

spreadsheets [1] - 106:3

square [2] - 28:22; 38:6

St [2] - 7:21; 40:24

staff [6] - 7:16; 31:21; 42:22; 51:14;

84:5; 141:3

stage [1] - 45:9

stand [3] - 27:2; 39:11; 134:8

standards [1] - 70:7

Starr [1] - 5:19

start [4] - 35:3; 44:24; 45:4; 118:17

started [8] - 23:14; 24:25; 41:10, 16;

75:23; 83:20; 126:24; 147:14

starts [2] - 120:13; 140:7

state [23] - 4:5; 6:8; 31:5; 80:11; 82:13,

15; 83:9, 13, 15; 84:5; 89:19; 90:23;

91:3, 11; 96:25; 97:7, 17; 99:9; 112:5;

114:25; 133:21; 148:7

State [12] - 5:21; 6:6; 9:8; 87:8, 17;

99:10; 102:17; 126:10, 12; 135:21;

136:2; 144:2

State's [5] - 9:3; 11:2; 34:25; 123:5, 18

statement [7] - 68:18, 21-22; 94:19;

97:14; 129:15; 131:3

statements [2] - 119:15; 131:4

States [9] - 3:16, 21; 39:9; 65:18; 79:8;

87:15; 129:20; 136:13; 144:3

States' [1] - 143:21

Statesman [2] - 83:20; 106:11

statewide [17] - 43:7, 19; 52:18; 59:3;

63:9, 22, 24; 64:13, 23; 65:6, 9; 66:4, 6;

71:12, 16; 148:5

173

stating [1] - 94:11

statistically [1] - 129:25

statistics [2] - 115:11; 124:17

status [2] - 42:5; 49:9

stay [5] - 10:22, 25; 11:6; 97:7, 9

staying [3] - 11:3; 109:1

step [1] - 140:13

steps [2] - 61:19, 21

still [11] - 15:2; 19:18; 20:21; 28:6;

41:6, 12; 86:21; 112:7; 113:10, 17;

143:7

stone [1] - 40:1

Stonewall [1] - 85:13

stop [5] - 24:12; 62:17; 63:1, 6; 73:19

stopped [6] - 41:10; 62:8, 20; 73:17,

20

straight [1] - 37:10

Straus [8] - 59:9, 11, 14, 16, 18; 60:2;

62:8, 15

Street [13] - 15:8, 10; 16:22; 20:13;

25:16, 18, 21; 26:1

street [8] - 10:13; 12:16; 13:15; 15:10;

28:19; 38:5, 22

Street-10th [1] - 25:21

streets [2] - 6:24; 12:20

stress [1] - 78:8

stricken [1] - 137:5

strictly [1] - 114:23

strip [1] - 102:5

strong [4] - 86:15, 19; 87:24; 112:8

strongly [1] - 134:4

struck [1] - 136:5

struggles [1] - 82:24

student [1] - 84:9

students [3] - 17:15, 17; 18:4

stuff [4] - 35:2; 54:2; 140:8; 142:3

style [1] - 137:19

subdivision [3] - 15:11; 23:8

subject [7] - 42:13; 44:13; 127:7;

131:5; 133:20; 145:21; 149:22

submission [1] - 137:24

submit [2] - 93:3; 116:5

submitted [2] - 92:23; 126:1

substance [2] - 91:12; 137:21

substantial [1] - 71:6

substantially [1] - 137:19

substantive [1] - 66:8

substitute [8] - 63:17; 65:6; 75:6,

13-14, 23; 76:4; 93:19

substituted [1] - 75:3

succeed [1] - 93:14

successful [3] - 85:23; 89:11, 17

successfully [1] - 69:11

sudden [3] - 74:3; 132:3; 149:8

suggested [1] - 46:4

Sullivan [1] - 9:5

summarize [1] - 26:13

summarized [1] - 136:15

summary [4] - 94:19; 136:19; 144:9


01/20/2012 09:57:42 AM to 174 of 176 174 of 176 sheets

superficial [1] - 132:1

Supp [2] - 132:21; 134:14

supplemental [18] - 136:3, 19-20;

137:25; 138:4, 18, 21; 139:4, 11; 141:8;

143:22; 145:8, 12; 147:5; 148:15, 23;

149:13; 150:23

support [32] - 11:20; 36:4, 7; 50:15;

85:5, 22; 86:6, 8, 12, 15, 19, 23; 87:10,

22, 24; 90:2; 94:7; 103:21; 104:4;

110:19; 112:8, 12, 15, 21; 113:23;

131:23; 133:14; 143:3, 18; 145:1

supported [2] - 119:16; 124:5

supporting [3] - 85:4; 119:18; 144:12

supports [1] - 87:19

supposed [4] - 119:23; 135:22; 140:9

Supreme [1] - 134:4

surge [1] - 100:10

surname [1] - 64:7

surprise [3] - 70:17, 19

suspicious [1] - 35:2

Sweatt [2] - 81:23

sweeping [1] - 82:7

switched [3] - 34:18, 22; 35:12

sworn [4] - 60:6, 19; 63:5, 7

SWORN [3] - 3:23; 39:16; 80:6

symbolize [1] - 14:14

T

table [5] - 82:6; 147:7; 148:15, 17;

149:6

tabled [4] - 94:20, 23; 95:1

tables [4] - 142:19; 143:11; 145:15;

149:17

tabling [1] - 95:3

takeover [1] - 47:23

talks [1] - 148:2

tank [1] - 88:20

targeting [1] - 74:16

Tarrant [1] - 133:21

Task [2] - 121:10, 19

tax [1] - 112:3

taxation [1] - 34:13

teach [1] - 7:23

team [4] - 74:2; 82:6; 109:2; 141:4

Tejano [3] - 85:12; 86:25; 113:16

telephone [1] - 136:17

tem [1] - 46:21

temporary [1] - 83:4

ten [6] - 5:20; 12:5; 75:20; 99:19;

135:13; 138:22

ten-page [1] - 138:22

tense [2] - 53:14, 18

term [8] - 77:3; 84:23; 85:1; 103:20;

146:6, 17, 25

terms [15] - 6:9; 12:17; 18:16; 24:8;

41:6; 54:2; 61:21; 62:23; 66:25; 92:19;

144:24; 145:1, 13, 23; 146:4

terrible [1] - 18:1

testified [12] - 32:4; 38:7; 44:15; 46:8;

65:22; 66:2; 67:9; 68:10, 12; 91:20;

124:13; 129:14

testify [4] - 29:21; 32:11; 91:13; 133:3

testifying [3] - 127:6, 9; 147:20

testimony [33] - 32:12, 14-15; 58:14;

60:6, 19; 63:5, 7; 67:20; 71:21; 73:6;

74:6; 78:18; 91:1; 123:23; 125:18;

135:13, 20; 136:1, 3, 24; 137:4, 9;

138:23; 141:10; 142:15; 143:10; 144:5;

145:13; 150:3

Texan [2] - 29:17; 40:5

Texans [2] - 29:11; 47:10

Texas [63] - 4:13; 5:3, 10, 20-21; 9:25;

10:20, 23; 11:8, 10; 12:11, 18; 25:24;

29:15; 31:5, 16, 20; 39:22; 40:20, 23,

25; 46:21; 47:9, 20; 56:10, 12; 57:22;

59:19; 60:3; 61:2, 6, 10; 63:18; 69:6;

76:3; 80:16; 84:6, 10; 87:8, 17; 90:9,

12; 99:10; 100:14; 102:17; 118:15, 24;

119:1; 120:10; 121:18; 128:1; 131:23;

132:8; 133:25; 144:3; 149:15; 150:21;

151:7, 11

Texas's [1] - 135:21

Texas-Pan [1] - 5:10

themselves [1] - 28:16

theories [1] - 144:19

therefore [2] - 86:18; 150:22

Thereupon [3] - 69:22; 120:3; 150:10

they've [3] - 143:8; 145:20; 147:22

thinking [1] - 118:15

thinks [1] - 34:9

Third [4] - 41:25; 73:1, 10; 74:24

third [2] - 42:8; 92:3

Thomas [1] - 40:24

Thompson [9] - 42:18; 45:3, 10, 12,

17, 21; 46:8; 51:11, 21

thoroughfares [1] - 25:17

thoroughly [1] - 138:12

thoughts [1] - 54:1

thousand [1] - 109:12

three [18] - 10:8; 29:12; 62:17, 20;

63:2; 86:14; 89:1, 23; 90:9; 104:23;

108:18; 109:10; 111:6; 119:1, 4;

145:17; 151:7

three-judge [2] - 151:7

three-page [2] - 89:1; 108:18

threw [1] - 20:11

throughout [5] - 85:7; 87:4; 96:11;

99:9; 117:4

throw [1] - 146:2

Thurgood [1] - 81:22

ties [1] - 86:20

timeline [1] - 45:8

titled [1] - 89:2

today [7] - 13:11; 101:20; 114:11;

135:9, 12; 151:5

Todd [1] - 110:15

together [28] - 12:15, 19; 13:7; 22:6;

23:6, 17; 28:16, 18; 32:6, 9; 42:20;

174

43:3; 49:6, 16; 57:4, 8; 62:1; 66:24;

72:18; 85:19; 93:2; 99:6, 14; 113:1;

124:15; 134:18

Tom [3] - 90:11

tomorrow [3] - 135:14; 141:8; 151:19

tonight [2] - 108:18; 150:5

Tony [2] - 87:16, 18

took [13] - 58:9; 60:1; 73:1, 7; 74:24;

91:17; 94:18; 101:12; 119:7; 127:3;

135:23; 136:22; 147:18

top [8] - 10:25; 18:19; 65:4; 89:2;

101:12; 115:10; 123:15

topic [1] - 135:19

Tori [1] - 121:8

Tori's [1] - 98:23

Torrey [11] - 18:24; 20:18; 21:4; 22:20;

24:11; 29:2; 93:20, 22; 100:5; 122:24;

124:25

tortillas [1] - 26:7

tortillerias [1] - 26:4

total [9] - 59:3, 7; 76:15; 77:3, 6;

118:10; 125:7; 151:6

touching [1] - 15:21

toward [1] - 60:22

tower [1] - 128:2

town [10] - 21:16, 23; 22:5; 24:18;

25:19; 128:1; 129:13

Town [1] - 128:1

towns [1] - 24:16

toys [1] - 6:25

transcript [3] - 63:12, 16; 152:3

transition [1] - 61:16

translated [1] - 20:2

trash [1] - 88:20

travel [3] - 9:8, 10, 12

traveled [2] - 9:3

travis [1] - 110:18

Travis [91] - 80:21; 82:2, 18; 85:7, 24;

86:5, 9; 87:4, 11-13, 17, 20; 89:3, 11,

13; 90:1; 93:17; 95:8, 10, 15, 18, 21-22;

96:6-8, 15, 22, 24; 97:3, 11, 18, 24;

99:5, 7, 9; 100:10; 101:11, 22, 24;

102:3, 10; 103:2, 4, 13, 16; 104:5, 16,

18, 25; 105:23; 106:13, 15-16, 20;

107:16; 110:12; 112:15, 22, 25; 113:24;

116:14, 16, 18, 22; 119:17; 122:3;

123:9, 22, 25; 126:7, 15-16; 127:2,

15-17, 20-21, 24; 128:14; 129:4, 11, 17;

133:12, 21

treasurer [1] - 82:1

treat [1] - 74:11

treatment [1] - 20:23

tremendous [1] - 30:9

Tri [13] - 84:23; 85:2; 86:12, 15;

101:14; 102:20, 22, 25; 103:8; 105:18;

112:15, 21; 113:24

Tri-Ethnic [13] - 84:23; 85:2; 86:12, 15;

101:14; 102:20, 22, 25; 103:8; 105:18;

112:15, 21; 113:24

trial [6] - 64:11; 131:4; 140:8, 11;


175 of 176 sheets to 175 of 176 01/20/2012 09:57:42 AM

149:10

trials [1] - 115:16

Tribune.org [1] - 11:10

tried [4] - 77:18; 78:7; 117:3; 138:25

trounced [1] - 132:5

truck [1] - 88:20

true [5] - 62:14, 16; 68:21; 124:18

truly [2] - 107:11; 113:4

trunk [1] - 41:12

trust [4] - 28:17; 34:21; 60:13, 17

try [2] - 37:10; 43:3

trying [14] - 15:15; 37:7; 43:13; 99:4;

107:8; 108:4, 15; 117:12; 119:8, 20;

128:11; 139:10; 143:12; 144:14

Tuesday [4] - 93:25; 94:1; 136:23;

138:23

turn [9] - 41:14; 42:12; 50:25; 59:25;

60:15; 62:24; 65:16; 88:1; 97:12

turned [3] - 43:6; 44:23

turning [2] - 90:4; 106:5

turnout [5] - 35:6; 101:10; 102:3, 9

turnouts [1] - 106:4

two [45] - 13:10; 17:21; 22:14, 18;

25:15; 45:14, 20; 48:25; 49:1, 5; 55:5;

56:3, 15; 59:2; 62:12; 66:1; 74:10, 12;

82:23; 83:22; 84:4, 11; 89:24; 107:21;

111:6; 119:5; 128:11; 130:18; 132:4;

133:16; 134:19; 139:16, 25; 140:6;

141:4; 142:10; 143:9; 145:17; 146:13,

20; 151:10

two-judge [1] - 151:10

type [1] - 42:10

types [2] - 6:10; 10:17

U

U.S [1] - 87:14

ultimate [1] - 130:3

ultimately [6] - 43:20; 44:17; 46:3;

50:10; 57:12

um-hmm [2] - 61:18; 82:11

under [45] - 11:15; 14:3, 10; 15:4;

16:5; 18:20; 21:13; 23:20; 27:24; 28:1,

8, 21; 30:11; 42:4, 7; 45:6; 48:18; 49:1,

3, 9, 11; 50:20; 55:13; 56:25; 64:3;

76:14; 77:8; 78:24; 88:7; 98:12; 101:4,

17, 24; 108:5; 115:8; 118:8; 125:2;

126:8; 131:12; 137:4

underlined [1] - 95:6

underprivileged [1] - 8:5

underserved [1] - 6:13

understandable [1] - 146:2

understood [2] - 54:24; 134:6

unfair [3] - 136:6; 137:3; 138:13

unfolded [2] - 11:1; 12:12

unfortunate [1] - 81:9

unincorporated [1] - 5:25

unions [1] - 85:18

unique [1] - 34:1

United [10] - 3:16, 21; 39:9; 65:18;

79:8; 87:15; 129:20; 136:12; 143:21;

144:3

university [2] - 17:15; 84:9

University [6] - 5:10; 40:22, 24; 84:10;

85:15; 128:2

unless [1] - 78:9

unlikely [2] - 86:7

unpaved [1] - 20:21

untimely [1] - 137:4

unwanted [1] - 88:19

up [90] - 6:22; 7:14, 17; 16:5, 24; 17:5;

18:16, 24; 19:5; 20:20; 21:4, 10, 14;

22:20; 25:2, 8; 26:14, 16, 25; 29:2, 14;

40:12; 41:3, 5; 50:2; 51:4; 56:2; 71:3,

8-9, 12-13; 75:12, 22; 76:3, 6; 85:2, 18;

88:3, 16; 91:7; 93:21; 94:19, 21; 95:19;

96:10, 24; 97:8; 98:1; 102:14; 104:7,

20; 106:21, 23; 109:1; 110:4, 11;

112:19; 115:15; 118:15; 121:1; 124:12,

25; 127:24; 129:5, 9, 11, 16; 134:9;

135:14; 136:6; 139:2, 24; 140:12;

141:4; 146:9, 11-12; 148:12; 150:6;

151:7

upper [1] - 99:18

upset [3] - 33:9; 48:24; 75:7

urban [5] - 91:2; 95:20; 99:8; 127:17,

19

uses [2] - 77:2; 144:25

V

vaguely [2] - 116:1; 126:4

Valley [7] - 8:1-3; 30:17, 22; 37:19

valley [3] - 100:9, 12; 101:10

valuable [1] - 25:22

VAP [2] - 125:7, 11

variance [1] - 56:3

variation [1] - 103:3

variety [1] - 132:7

various [11] - 9:12; 10:17; 11:4; 43:10;

82:20; 83:10; 91:2; 96:9; 114:25; 146:8

vast [1] - 113:22

Veasey [2] - 133:3; 147:15

vehicle [1] - 78:3

VERA [7] - 125:19, 22; 127:10, 14;

128:6, 20; 153:14

Vera [3] - 125:23; 127:5; 140:11

verbose [2] - 139:25; 145:2

Veronica [1] - 10:5

version [2] - 123:5; 137:7

versus [4] - 81:23; 132:20; 134:14;

148:3

vice [1] - 82:24

video [1] - 11:13

view [8] - 35:14, 17; 50:18; 65:16;

101:5, 17

viewed [1] - 118:24

viewer [3] - 65:1; 98:20; 100:19

175

views [8] - 33:22; 34:12, 15; 58:13;

69:7; 85:5; 91:22; 113:11

violated [1] - 54:2

visit [1] - 9:12

Vo [5] - 49:8, 17; 53:25; 58:21; 59:6

volunteer [1] - 83:4

volunteered [1] - 83:5

volunteering [1] - 41:16

Volzes [1] - 21:20

vote [21] - 8:11; 50:8; 59:9; 67:2;

84:12; 86:18; 99:23; 102:11; 103:5;

110:10, 18; 112:7, 11; 113:12, 21;

114:2; 129:25; 132:23; 134:20; 150:19

voted [7] - 92:14, 17; 96:13; 99:6;

110:22; 111:1, 5

voter [4] - 8:7; 35:6; 64:8; 131:14

voters [28] - 42:10; 66:22; 67:6; 101:6,

18, 24; 102:8; 103:4; 105:24; 107:10,

15, 22; 110:12; 111:1; 113:4, 8, 20,

24-25; 114:1, 3; 119:18; 132:14; 133:1;

145:15

voting [14] - 35:8; 58:18; 70:8; 106:6;

107:20; 120:12; 127:23; 131:9, 20, 22;

132:8; 133:5, 14, 22

Voting [21] - 42:4, 6-7; 48:18; 49:3, 9,

12; 50:21; 54:2; 55:13; 56:25; 58:14;

62:23; 68:9, 20; 72:21; 79:7; 115:13;

117:25; 132:3; 134:1

W

wait [2] - 108:24; 145:23

waiting [1] - 16:1

walk [3] - 44:24; 111:4

Wallace [2] - 152:3, 6

Ward [5] - 41:25; 42:1; 73:1, 10; 74:24

Washington [3] - 29:20; 40:22; 79:24

waste [2] - 6:2; 28:19

water [4] - 6:2; 28:19

Wayne [4] - 42:19; 45:2; 51:10

ways [1] - 45:20

wealthier [2] - 25:21; 26:18

Website [1] - 11:9

Wednesday [4] - 136:22; 138:9

week [8] - 105:21; 136:1, 17; 138:8;

141:4, 20, 23

weekend [5] - 93:3, 8; 117:23; 141:3;

150:24

weeks [2] - 31:9; 109:10

weight [1] - 144:18

Weird [1] - 99:11

welcome [1] - 56:19

well-known [1] - 99:9

Wells [2] - 112:3, 6

west [8] - 9:6; 18:4; 19:24; 27:11;

47:16; 88:16; 97:18; 129:9

western [3] - 95:8; 96:15, 25

whereabouts [1] - 81:14

whereas [1] - 134:18


01/20/2012 09:57:42 AM to 176 of 176 176 of 176 sheets

whereby [1] - 66:15

white [21] - 14:11; 17:4; 18:12; 22:5,

10; 26:14, 16; 36:15, 23; 37:3-6, 16-17,

24; 38:12; 55:2; 68:16; 113:14

whole [14] - 30:22; 45:21; 53:21;

54:10; 57:16, 18-19; 59:1, 4; 95:18;

96:24; 97:7; 128:14

wholly [1] - 126:15

wife [1] - 6:16

wife's [1] - 4:21

willing [1] - 151:14

win [12] - 33:19; 83:6; 84:13; 86:21;

101:12; 104:8; 106:13, 15; 112:11;

131:14; 132:11

winner [1] - 130:3

winners [1] - 104:24

winning [2] - 85:23; 104:7

wins [5] - 104:4, 7; 114:3; 134:11

winter [3] - 29:11, 13, 17

wish [1] - 151:18

witness [21] - 3:15, 21; 26:17, 24;

27:3; 31:2; 38:25; 39:5; 72:10, 12;

102:13; 108:10; 120:15, 22; 124:9;

127:6, 9; 133:19; 135:6, 23; 149:3

WITNESS [60] - 3:22; 4:8; 15:15; 16:3,

8, 11, 15; 17:10; 18:7, 13; 20:22; 22:11,

13, 15, 17; 24:19, 22; 26:7, 11; 27:15;

30:9, 12, 16; 37:18; 39:15; 40:1, 3;

43:24; 44:1; 55:4, 21, 23; 56:19; 58:3;

69:20; 74:22; 75:1, 3, 17, 19; 76:5, 9,

18, 23; 77:6, 10, 16; 79:13, 21; 97:15,

17; 98:4; 118:1, 6, 10, 15, 23; 127:15;

130:13, 20

witnesses [1] - 140:4

women [1] - 85:6

won [9] - 84:16, 18; 87:20; 89:13; 90:1;

104:17; 110:10, 17; 112:7

Woolley [42] - 44:21; 45:23; 46:13,

19-20, 24; 47:3; 48:2; 51:10, 21; 52:1,

6; 53:7, 10, 22; 54:6, 8-9, 13; 56:22;

62:1, 3, 21; 66:15; 67:14, 23; 68:6, 15,

18; 69:1; 71:6, 18; 72:18, 24; 73:16;

74:10, 23; 75:4, 9

Woolley's [6] - 48:20; 51:2; 61:17;

71:14; 75:15, 24

word [4] - 5:23; 67:23; 68:16; 144:5

words [3] - 67:19; 68:8; 93:2

Worker [1] - 7:21

working-class [1] - 22:7

works [3] - 6:16; 55:4; 85:9

worse [1] - 74:2

Worth [2] - 119:4; 127:25

write [4] - 51:13; 72:19; 109:3

writing [1] - 132:18

written [3] - 109:4; 131:5; 145:12

wrote [4] - 51:14; 67:22; 83:20, 22

176

Y

y'all [1] - 57:4

Y'all [1] - 57:8

Y'all's [3] - 54:14, 16, 25

y'all's [2] - 55:14; 56:7

ya'll [1] - 75:25

year [7] - 4:25; 5:1; 29:19; 41:10; 83:7

years [34] - 4:15, 23; 5:16, 18, 20;

6:14, 23; 12:5; 19:6; 23:15; 28:14; 30:3;

40:9, 14; 41:17, 19; 46:23; 80:24; 81:4,

10; 82:10; 84:14; 85:7; 96:3, 13; 99:6,

20; 124:1

yesterday [2] - 133:3; 147:15

young [1] - 83:7

yourself [4] - 39:20; 82:3, 12; 92:22

Z

zero [1] - 6:22

zoom [3] - 65:12, 15; 121:10


case 5:11-cv-00360-olg-jes-xr document 597-5 filed 02/02/12 … · 2012-02-02 · court reporter:...

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