Case 5:11-cv-00360-OLG-JES-XR ... - Moritz College of...

1

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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Austin, TX 78746www.esquiresolutions.com

Case 5:11-cv-00360-OLG-JES-XR Document 1200-2 Filed 08/07/14 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






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






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






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. )






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






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





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