Exhibit 4

EXHIBIT
4
1 because at that time I lost a lot o I: blood and, you"
2 know, I was just -----
3 Q Do you think you hit them with a --either one with a
4 bottle?
5 A I don't know. I really don't know.
6 Q Okay. Now on that evening when you were working,
7 where was the money stored?
8 A I had it in a brandy box, you know, because it was a
9 busy -- we had a busy day,, and 1 didn't have time to
10 put the money away. So I would stuff it in one of the
11 brandy cases.
12 Q Okay. Now where was the brandy box located?
13 A Right next to where I went to get the gin.
14 Q Okay. Was it --- was this box under a counter, on top
15 of a counter, in a cooler?
16 A It was behind the counter. I have a long counter, you
17 know.
18 Q Okay.
19 A It wasn't by the cash register. It was down further.
20 Q Okay. And did you have any money on your person, I
21 mean -- by that I mean any of your pockets?
22 A No.
23 Q Did you see either one of these guys, get any money?
24 A Oh, yes.
25 Q Where was --where did they get the money from?
1 A From -- you know, from the struggle, money was flying
2 over the box where I had the money by the brandy case.
3 Q Okay. And during the struggle, did the brandy box
4 remain under the counter where it. was or did it come
5 out of there?
6 A It was behind the counter, but it was-- you know, we
7 was rolling over the boxes, and it was a struggle.
8 Q Okay.
9 A But it was behind the counter.
10 Q So during the struggle, the box came off the shelf and
11 it spilled its contents?
12 A Yep. It wasn't on a shelf. It was on the ground. It
13 was, you know, sat on the ground.
14 Q The box was on the ground?
15 A Yeah, yeah.
16 Q Was the box covered? Did the box have a .lid on it?
17 A Yeah.
18 Q Which of those two or both of them did you see get any
19 money?
20 A Both of them.
21 Q Okay. And at some; point , do you remember
22 anything, either one of them --- anything more than
23 where's the money or we want the money that either one
24 of them said?
25 A Get the gun. Get the gun.Get the gun. Get the (page 145)

1

A

We both. We both fighting for the gun.

2

Q

Things are falling over?

3

A

Hugh?

4

, Q

There are all kinds of bottles falling all over?

5

A

Not all over, but inside of my head, because that's

6



when Mr. Moore -- what's his name?

7

Q

What? You told us —

8

A

Yes, yes.

9

Q

I understand that.

10

A

That's when he --

11

Q

You told us that already.

12

A

That's what you asked me.

13

Q

Nothing else was disturbed? In other words, nothing

14



else was on the floor because you were --

15

A

It was, no.

16

Q

Nothing else, no money got disturbed out of your box,

17



that gin box or --

18

A

Yes, it was. I mean, that's how they got the money.

19

Q

Wait a minute. Did you see them take any money?

20

A

The money was missing.

21

Q

Did you see them?

22

A

The money was missing.

23

Q

Answer my question, sir. Did you see them take any

24



money?

25

A

The money was missing. There was nobody else. (page 210)

1 Q Did you see them take any money?
2 A All I can tell you that the money was missing.
3 Q' You can tell me yes or no if you saw them take the
4 money.
5 THE COURT: Mr. Claudio, you do have to
6 answer the question as he put it to you. And the
7 question he's putting to you, did you see?
8 THE WITNESS:
9 A They did pick up some money, yes. They pick up some
10 money, because the money was all over there, all over
11 the floor when we was wrestling over the box. Yeah,
12 they took some money. I saw picking up some money.
13 BY MR. HERMAN:
14 Q You saw that now? Okay. And this is before they
15 had -- the gun was taken away from you?
16 A No, after.
17 Q After. In other words, they didn't just run out, they
18 stood around and picked up money; right?
19 A Yes.
20 Q Yes. Okay. And you know it is happening; right?
21 A I what?
22 Q You were hit you said?
23 A Yes, I was.
2.4 Q And before you said, well I was a little fuzzy. You
25 weren't fuzzy at that time; were you?
page 211