Finch arrived for his deposition twelve minutes late, accompanied by Gerald Watts and counsel retained to represent his individual interests. He wore dark jeans and a collared shirt, not a uniform, but moved through the conference room with the same self-assurance he had displayed at Fresh Mart. He looked briefly at the video equipment arranged on the side table and asked whether it was necessary. Marcus explained that the deposition would be recorded in accordance with the agreed procedure. Finch shrugged and sat, as though the details were not important enough to concern him.
Gloria did not attend. Marcus had advised against it because he wanted Finch to answer questions without changing his behavior to perform for her, and because her presence might complicate the encounter needlessly. She would read the transcript later. It was difficult to surrender even temporary control of a discussion that involved her own body and reputation, but she understood the strategy. Courts depended on witnesses answering questions in their own words. Those words were often most revealing when no one interrupted them.
Marcus began with training, dispatch, and the patrol-car computer system. He asked Finch how long he had been employed, what theft investigations required, and whether he understood the difference between identifying a suspect and deciding an offense had occurred. Finch answered with familiar phrases.
He had been trained to protect public safety. He assessed circumstances as he found them. He used professional judgment under rapidly developing conditions. Watts occasionally leaned over to confer with him, but the basic answers remained the same.
"When you arrived," Marcus asked, "did you see anybody asking for the return of a stolen grocery bag?"
"No," Finch said.
"Did you see groceries in Ms. Washington's hands that she was trying to conceal?"
"She was near an open vehicle."
Marcus waited. "That's not what I asked. Did you see her concealing somebody else's property?"
"Not at that moment."
"Did you walk to the cart return she identified?"
"No."
"Did you question the employee standing there?"
"No."
"Then tell me what new information you obtained between your arrival and the decision to handcuff her."
Finch shifted in his chair. He said Gloria had become argumentative and would not follow directions. Marcus asked which direction had been ignored. Finch cited the instruction to step away from the vehicle.
The video showed she complied. He mentioned the instruction to keep her hands visible. The video showed her doing that until she reached for identification with permission. When Marcus asked again what conduct justified immediate physical restraint, Finch said he had feared the encounter might escalate.
Marcus let the answer stand before moving to the credentials. "You testified earlier that you examined Ms. Washington's identification. About how long did you examine it?"
Finch said a few seconds. Marcus placed the department's policy manual on the table and identified the procedure for verifying unusual official credentials or contacting a supervisor when an identification claim remained uncertain. Finch acknowledged the procedure existed but maintained that field conditions could require immediate decisions. Marcus asked whether Gloria possessed a weapon, had threatened anyone, or had tried to leave after he ordered her to remain. Finch answered no to each question.