The Republic is reporting that the only survivor of the Granite Mountain Hotshots will be questioned under oath later this month. This will be the first time that Brendan McDonough, who was serving as a lookout when the other 19 members of the crew were entrapped by fire and killed in 2013, will undergo a sworn deposition.
The testimony may provide more information about why the crew left the safety of a previously burned area on the Yarnell Hill Fire and walked through unburned brush where they were overrun by the fire. The deposition is scheduled for 9 a.m. May 28 at a Phoenix law office.
As we wrote on April 4, an article in the April 3 edition of the Arizona Republic included information that was previously unknown to the public. The publication reported that Mr. McDonough who was serving as a lookout away from the crew during the tragedy, overheard a radio conversation between the Division Supervisor, Eric Marsh, and Jesse Steed who was temporarily serving as the Hotshots’ crew boss. Supposedly Mr. Marsh who normally was the Crew Boss or Superintendent of the crew, told Mr. Steed to have the crew leave the safety zone and to join him at a ranch.
According to this the deposition was cancelled/postponed again.
Pat, depositions are part of the pre-trial discovery process and usually occur at a party’s office. I’ve never seen one attended by the general public, but I suppose that doesn’t mean it never happens. The purpose is to establish facts/get testimony on the record prior to trial. The deposition can then be used at trial (which is public) to challenge live testimony should the witness testify differently than at the deposition. Information learned at the deposition can also help lawyers find new information. As for an attorney’s schedule/convenience leading to a change, that occurs regularly, and is simple courtesy. Most of the lawyers I know will agree to change hearing dates if the other party has a conflict, unless there’s a really pressing reason not to. Everyone gets double booked, and the person who refuses a continuance today could be asking for one tomorrow.
Why would Brendan’s attorney (Dave Shapiro), have thought it might have been legally improper or have had objections to Brendan being deposed by Arizona State Forestry or ADOSH? And why was the attorney’s schedule/convenience a sufficient reason for delaying the original planned deposition for several months? And why did Brendan need to get an attorney right before the original planned deposition?
Is it an open session or is it a closed session and is there possibly a way to watch it?
Depositions are private events, with the person being deposed, lawyer(s) from each side and a sworn Court Reporter the only ones present. The person being deposed gets to review the transcript and sign off on the final version, but better be mostly consistent with what was said under oath. Often video taped as well as being transcribed in writing. Not a fun experience! The transcription will become part of the Public Record at some point in time.
On whose behalf is the deposition being made?
We have been waiting a long time for this. I wish him courage to tell the truth no matter how difficult, the hard right thing to do.
Good or bad we all need to know what he knows, end the speculation.