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Appearances.  Ms. Patricia Asack for Petitioner.  Ms. C. Donna Cox for Respondent.

Examination by Ms. Cox:

4:9 – 5:5  

Agreements made with the witness regarding taking of testimony and restating questions if necessary.

5:6 – 6:5

Melissa Walker gives her social security number and driver license number.  She does not recall how old she was when she got her driver license.

6:6 – 8:7 

Melissa Walker lives in a townhouse at 2211 FM 3036, Rockport, Texas.  She has lived at this address since separating from her husband.  She lives with her children Robert & Quinton.

8:8 – 9:19

The only other people who have spent the night at her home are her husband, Robert Walker, who used to visit occasionally, her cousin from Georgia, her sister and friends of the boys who attended a sleepover.

9:20 – 11:14

Her maiden name is Mitchell.  She has been previously married once before to Oscar Davila.   They were married and divorced in Corpus Christi.  She does not recall exact dates.  She does not know where Mr. Davila is now.

11:15 – 12:13 

Melissa met Robert Walker in 1995.  She does not recall how or where they met.  They married 5/15/1999.  She believes her divorce was final before she remarried and believes that she discussed her prior marriage with Robert Walker before they married.

12:14 – 13:12

Melissa Walker has 2 children, Robert Lewis Walker III, and Quinton Price Maxwell Walker.  They are twins, born 3/30/96.  They were born before she married Mr. Walker.  At the time her name was Melissa Mitchell.  She does not recall if any hospital documentation may have listed her name as Melissa Ann Davila.

13:13 – 15:3

Melissa Walker graduated from Richard King high school in Corpus Christi in 1990.  She also attended college in Corpus Christi studying education, but did not get a degree.  She has also taken classes relating to the restaurant business.

15:4 – 16:25

Her most recent job was working at Dorado’s in Key Allegro.  Melissa Walker was fired on 10/13/2003 by Robert Walker.  She does not know why she was fired.  Prior to her termination she and Robert Walker had a disagreement over a memo about uniforms.  She made $400 per week. 

17:1 – 21:9 

She filed for unemployment after her termination but was denied benefits.  She appealed the ruling.  She attended a telephone appeal hearing within the last month.  Her unemployment was denied.

21:10 – 22:3

Since her termination Melissa Walker has been back to Dorado’s to eat.  She has talked in passing with management.  She has not discussed the possibility of her returning to work for them.

22:4 – 23:4 

Melissa Walker does not know if Robert Walker still works at Dorado’s or even if he has a job currently.

23:5 – 24:5 

One day Melissa went to Dorado’s they were closed and cleaning out the freezer.  She ate there and took home some food from the freezer.  John Rensillati was the only manager she saw that day.  She did not ask about Robert’s status while she was there.

24:6 – 27:15 

Since leaving Dorado’s Melissa Walker has worked at odd jobs like baby sitting for a friend who pays her cash.  She has also done secretarial work for Fabiola Gonzalez, who is the office manager for a builder.  The work was not regular and she was paid $50 cash.  She has kept records of her income, but does not have it with her.  On several occasions she has cooked for Mike Wilson.  She is paid $50 per meal.

27:16– 29:5

Walker has sought permanent work, and recently interviewed with Luby’s.

29: 6 – 29:17

She has also applied at Jason’s Deli, Hooter’s Air Mark, Carraba’s and some other places she can not recall.  She has not been contacted for interviews by any of these companies.

29:18 – 31:5 

Walker does not have a phone.  She uses different friend’s numbers on her applications.  They will drive to her house and leave her a note if she gets a call.  She plans to get a phone when she knows what she is going to be doing in the future.  There is a pay phone right outside her house that she uses.