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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION SHANNON PEREZ, ET. AL., ) Plaintiffs, ) ) CIVIL ACTION NO. VS. ) 11-CA-360-OLG-JES-XR ) [Consolidated case] STATE OF TEXAS, ET. AL., ) Defendants. ) _________________________ ) MEXICAN AMERICAN ) LEGISLATIVE CAUCUS, TEXAS ) HOUSE OF REPRESENTATIVES, ) CIVIL ACTION NO. ) SA-11-CA-361-OLG-JES-XR Plaintiffs, ) [Consolidated case] ) VS. ) ) STATE OF TEXAS, ET. AL., ) Defendants. ) _________________________ ) TEXAS LATINO ) REDISTRICTING TASK FORCE, ) ET. AL., ) Plaintiffs, ) CIVIL ACTION NO. ) SA-11-CA-490-OLG-JES-XR V. ) [Consolidated case] ) RICK PERRY, ) Defendant. ) _________________________ ) MARGARITA V. QUESADA, ET. ) AL., ) Plaintiffs, ) CIVIL ACTION NO. ) SA-11-CA-592-OLG-JES-XR V. ) [Consolidated case] ) RICK PERRY, ET. AL., ) Defendants. ) _________________________ ) JOHN I. MORRIS, ) Plaintiff, ) ) CIVIL ACTION NO. V. ) SA-11-CA-615-OLD-JES-XR ) [Consolidated case] STATE OF TEXAS, ET. AL., ) Defendants. )
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Case 5:11-cv-00360-OLG-JES-XR Document 1200-2 Filed 08/07/14 Page 1 of 7
Ryan Downton - Volume II August 31, 2011
2
1 EDDIE RODRIGUEZ, ET. AL., )
Plaintiffs, )
2 ) CIVIL ACTION NO.
V. ) SA-11-CA-635-OLG-JES-XR
3 ) [Consolidated case]
RICK PERRY, ET AL., )
4 Defendants. )
)
5
**************************************************
6 ORAL AND VIDEOTAPED DEPOSITION OF
RYAN DOWNTON
7 AUGUST 31, 2011
**************************************************
8
9 ORAL AND VIDEOTAPED DEPOSITION OF RYAN DOWNTON,
10 Volume II, produced as a witness at the instance of the
11 Defendant, and duly sworn, was taken in the above-styled
12 and numbered cause on August 31, 2011, from 10:15 a.m.
13 to 1:30 p.m., before Janalyn Reeves, CSR in and for the
14 State of Texas, reported by machine shorthand, at the
15 Mexican American Legislative Caucus, Texas House of
16 Representatives, 202 W. 13th, Austin, Texas, pursuant to
17 the Texas Rules of Civil Procedure and the provisions
18 stated on the record or attached hereto.
19
20
21
22
23
24
25
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Case 5:11-cv-00360-OLG-JES-XR Document 1200-2 Filed 08/07/14 Page 2 of 7
Ryan Downton - Volume II August 31, 2011
79
1 A. Not familiar with that one. But the first.
2 Q. First two you're aware of?
3 A. Yes.
4 Q. Okay. Let's just stay with the first two.
5 When you were -- during the course of your
6 drawing the district in which Representative Pena will
7 represent, assuming he gets reelected under House Plan
8 283, did you draw the district with any form of
9 political shading up, or did you tweak the district
10 after it had already been drawn with political shading
11 up?
12 A. At times, yes.
13 Q. And when you say "at times," when you were
14 actually physically drawing the outlines of the
15 district, did you have political shading up, or was it
16 after you had drawn the district that you came back in
17 and had the political shading?
18 A. Some of the time when I was drawing, I had the
19 political shading up. I also met with Representative
20 Pena subject to an objection on legislative privilege,
21 and he showed me areas that he thought would support him
22 regardless of their political history. So when I was
23 working on the map with him in my office, I was not
24 looking at the political shading.
25 Q. When he was there, you weren't looking at
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Case 5:11-cv-00360-OLG-JES-XR Document 1200-2 Filed 08/07/14 Page 3 of 7
Ryan Downton - Volume II August 31, 2011
80
1 political shading, but when you were doing it on your
2 own, you were looking at political shading?
3 MR. COHEN: Same objection.
4 THE WITNESS: Sometimes, yes.
5 Q. (BY MR. GRAY) And the purpose of looking at
6 political shading, I assume, was to draw as
7 Republican-leaning district as possible?
8 A. With the caveat that we would defer to
9 Representative Pena, there were areas that were
10 traditionally Democratic that he believed would support
11 him, that he wanted in his district.
12 Q. And the district that we're referring to -- and I
13 wish I had the number, but we'll --
14 A. It's either 40 or 41.
15 Q. That's what my recollection is.?
16 The district in which he will be a candidate
17 for reelection in House Plan 283, it is underpopulated,
18 is it not?
19 A. I don't remember. It's certainly possible it is.
20 Q. Assume with me that it's underpopulated by
21 several thousand individuals. Was there any effort on
22 your part to draw maps that had zero or close to zero
23 deviation?
24 A. There was some. With respect to that district,
25 the initial draft of the district had that district more
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Case 5:11-cv-00360-OLG-JES-XR Document 1200-2 Filed 08/07/14 Page 4 of 7
Ryan Downton - Volume II August 31, 2011
120
1 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS
2 SAN ANTONIO DIVISION3 SHANNON PEREZ, ET. AL., )
Plaintiffs, )4 )
VS. ) CIVIL ACTION NO.5 ) 11-CA-635-OLG-JES-XR
STATE OF TEXAS, ET. AL., ) [Consolidated case]6 Defendants. )
_________________________ )7 MEXICAN AMERICAN )
LEGISLATIVE CAUCUS, TEXAS )8 HOUSE OF REPRESENTATIVES, )
) CIVIL ACTION NO.9 Plaintiffs, ) SA-11-CA-361-OLG-JES-XR
) [Consolidated case]10 VS. )
)11 STATE OF TEXAS, ET. AL., )
Defendants. )12 _________________________ )
TEXAS LATINO )13 REDISTRICTING TASK FORCE, )
ET. AL., )14 Plaintiffs, )
) CIVIL ACTION NO.15 V. ) SA-11-CA-490-OLG-JES-XR
) [Consolidated case]16 RICK PERRY, )
Defendant. )17 _________________________ )
MARGARITA V. QUESADA, ET. )18 AL., )
Plaintiffs, )19 ) CIVIL ACTION NO.
V. ) SA-11-CA-592-OLG-JES-XR20 ) [Consolidated case]
RICK PERRY, ET. AL., )21 Defendants. )
_________________________ )22 JOHN I. MORRIS, )
Plaintiff, )23 )
V. ) CIVIL ACTION NO.24 ) SA-11-CA-615-OLD-JES-XR
STATE OF TEXAS, ET. AL., ) [Consolidated case]25 Defendants. )
Toll Free: 800.880.2546Facsimile: 512.328.8139
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Case 5:11-cv-00360-OLG-JES-XR Document 1200-2 Filed 08/07/14 Page 5 of 7
Ryan Downton - Volume II August 31, 2011
121
1 EDDIE RODRIGUEZ, ET. AL., )
Plaintiffs, )
2 )
V. ) CIVIL ACTION NO.
3 ) SA-11-CA-635-OLG-JES-XR
RICK PERRY, ET AL., ) [Consolidated case]
4 Defendants.
5
6
7
REPORTER'S CERTIFICATION
8 DEPOSITION OF RYAN DOWNTON
AUGUST 31, 2011
9
10 I, JANALYN REEVES, a Certified Shorthand Reporter in
11 and for the State of Texas, do hereby certify to the
12 following:
13 That the witness, RYAN DOWNTON, was duly sworn by me
14 and that this transcript of the oral deposition is a
15 true record of the proceedings held and the testimony
16 given by the witness;
17 That the original transcript, along with any exhibits
18 marked therein, was submitted on ____________, 2011, to
19 ______________________ for examination and signature by
20 the witness;
21 That pursuant to information given to me at the time
22 said testimony was taken, the following includes counsel
23 for all parties of record:
24 Ms. Nina Perales, Attorney for Mexican American
Legislative Caucus plaintiffs (1 hr, 54 min)
25 Mr. Rick Gray, Attorney for Perez plaintiffs (1 hr, 8
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Ryan Downton - Volume II August 31, 2011
122
1 Mr. Bruce Cohen, Attorney for defendant State of
Texas (no time)
2 Mr. Radney Wood, Attorney for Speaker Strauss (no
time)
3 Mr. David Richards, Attorney for Perez plaintiffs
(no time)
4 Mr. Chad Dunn, Attorney for Texas Democratic Party
(no time)
5
6 That $_______________________ is the deposition
7 officer's charges to the Defendant for preparing the
8 original deposition transcript and any copies of
9 exhibits;
10 I further certify that I am neither counsel for,
11 related to, nor employed by any of the parties or
12 attorneys in the action in which this proceeding was
13 taken, and further that I am not financially or
14 otherwise interested in the outcome of the action.
15 I further certify that before the completion of
16 the deposition, the Deponent and/or the
17 Plaintiff/Defendant did request to review the
18 transcript.
19 Certified to by me this ______________ day of
20 ________________________________, 2011.
21
JANALYN REEVES, Texas CSR 3631
22 Expiration Date 12/31/2012
3101 Bee Caves Road
23 Centre II, Suite 220
Austin, Texas 78746
24 (512) 328-5557
Firm Registration 283
25 EBS No. 266861
Toll Free: 800.880.2546Facsimile: 512.328.8139
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