Deposition Sought in Market Slaying Trial

Prosecutors want to take a videotaped deposition of a key witness in the Albertsons supermarket quadruple murder case, fearing the woman--an alleged prostitute--may not be available at trial.

The motion was filed under seal July 7 by prosecutors who stated they wanted to keep the identity of the 20-year-old witness from the media. District Judge Jeff Sobel also ordered the attorneys not to discuss the issue.

But other court documents filed this week identify the witness as an “outcall entertainer” summoned by Zane Floyd to his home shortly before the deadly rampage early June 3.

It is alleged that Floyd, a 23-year-old ex-Marine and part-time nightclub bouncer, repeatedly raped the young woman and then told her of his plans for a murder rampage.

In the rampage, five market employees were gunned down--some of them chased down by the shotgun-wielding assassin. Four of them died.

Floyd, who was captured as he left the market carrying his shotgun, has pleaded innocent and is scheduled to stand trial March 6.

In the sealed motion, prosecutors expressed concern about the woman’s “transient lifestyle” and whether she would make herself available for the trial, the Las Vegas Sun reported Friday. The woman did not go to police after the attack.

The woman, however, did tell her employer what had occurred, and he notified authorities, who then contacted the witness.

Without her testimony, neither Floyd’s mind-set before the deadly assault nor the allegation that he committed sexual assault just minutes before going to the market could be presented to a jury.

Although the woman gave a statement to police and identified Floyd in a lineup, that information cannot be presented at a trial under Nevada law without her presence.

The only way such a story could be admissible is if defense attorneys had an opportunity to cross examine her about the details while she is under oath--such as during a preliminary hearing or at a videotaped deposition.

In their opposition to the prosecution’s motion, Deputy Public Defenders Curtis Brown and Douglas Hedger argued that there are no indications the woman will not be available for the trial.

And if securing her appearance is a problem, then a warrant for her arrest as a material witness can be issued, the lawyers noted in court documents.

Las Vegas Metropolitan Police have said the woman informed them that Floyd stated minutes before the rampage that he had 19 shotgun shells and was going to kill the first 19 people he saw.

Witnesses have said Floyd marched into the market and immediately opened fire.