"The truth is not always the same as the majority decision"
Pope John Paul II
I believe Westerfield is not guilty, that means the killer, whoever he is, is still outside and might kill again.
Unposted.com: The trial of David Westerfield
| I kind of wished I played the Lottery that day to tell you the truth because maybe it was my day to win the Lottery. Who the heck knows? Brenda Van Dam Extract from the Larry King Show - December 3rd 2002 |
Trial: Westerfield's jacket
Feldman: "If any of the items would have had blood on it, you would've spotted it?"
Clerk: "Yes,"
April 30th 2005 - James Allen Selby
March 2005 - The confession
01/12/03 - MEET THE EXPERTS !
01/12/03 - "new secret" motions unsealed !
01/08/03 - The videotaped interrogation
01/06/03 - The others
1981 - Adam Walsh
1989 - Tiffany Sessions
1991 - Jared Michael Negrete
1994 - Amanda Dougherty
1999 - Michael Negrete
THE INTERVIEW
Intro
David Westerfied
My theory about DNA - I
Computer and porn
12/7/02 - CHILD PORN RING & VAN DAM CASE
12/6/02 - BABYSITTER & TRIAL DINNER
BRENDA VAN DAM on Larry King Live - 12/03/2002
DANIELLE VAN DAM killed at home
Danielle's discovery: WILL MEDIA TELL THE TRUTH?
Video rape: 1 LITTLE GIRL AND 2 MEN
|
Identifying Danielle's bedroom Danielle's bedroom (2), Van Dams vacuuming Danielle's last day |
Blood on jacket (updated)
Fingerprints
DEATH SENTENCE
MEET THE JURY
WHY WESTERFIELD BECAME SUSPECT!!!
(updated)
|
PLEA BARGAIN MY POINT OF VIEW |
|
NEWS |
TRIAL EVIDENCE
Neal Westerfield
Molestation in the family
What is a penalty phase - definition
Penalty phase and the niece
Niece testimony (transcript)
Niece cross-exam (transcript)
My questions
My comments
Events related on this site are not fictional and are available through public records, conclusions and comments are made by the author.
Contact the author
The content of this site is protected by Copyright Law. (Title 17, US Code) - July 2002 P. Montgomery
Denise Kemal's cross-examination I
based on transcript of Monday, June 10, 2002
cross-examination by mr. feldman:
Feldman: good morning.
Denise Kemal: good morning.
Feldman: ma'am, before coming to court today did you do anything to refresh your recollection about the events?
Denise Kemal: no.
Feldman: didn't read any reports?
Denise Kemal: i have the report that i read last night.
Feldman: all right.
did you read any transcripts of statements that you've made?
Denise Kemal: i read last night, yes.
Feldman: how many different reports do you think you read last night?
Denise Kemal: two.
Feldman: about how much would you estimate the number of pages you read was?
Denise Kemal: maybe sixty. if that.
Feldman: sixty?
Denise Kemal: maybe.
Feldman: do you recall how many different times you talked to the police before you came to court concerning the subject matter of your testimony, ma'am?
Denise Kemal: i went to the police station the following day.
Feldman: i'm sorry. when you say the following day, what --
Denise Kemal: the 2nd.
Feldman: thank you.
Denise Kemal: and then i believe i spoke to the same detective again one more time. and then i also, when they changed it to downtown, i spoke to another detective there. so three.
Feldman: so you talked initially twice to the same detective, is that right, ma'am?
Denise Kemal: yes.
Feldman: and do you remember the name Grbac, is that --
Denise Kemal: yes, that's him.
Feldman: all right. So you know who Grbac is anyway?
Denise Kemal: yes.
Feldman: and you know that mr. Grbac was tape-recording your statements, is that right?
Denise Kemal: yes, I do.
Feldman: and mr. Grbac, when he talked to you, he told you it was very important that you tell him the truth, right?
Denise Kemal: yes, he did.
Feldman: he told you it was very important that you not leave any details out, isn't that right?
Denise Kemal: yes.
Feldman: he told you it was very important that law enforcement learned everybody who had been in the Van Dam residence, isn't that true?
Denise Kemal: yes.
Feldman: he also indicated to you, did he not, that it was his belief that someone --
mr. Dusek: objection. hearsay.
The court: i believe i know where you're headed. sustained.
Feldman: did you tell somebody that it was your view that it must have been somebody who was familiar with the inside of the residence?
mr. Dusek: objection. speculation.
The court: sustained at this point in time.
Feldman: the dog that you mentioned, isn't it true the dog was jumping on you, ma'am?
Denise Kemal: the dog usually did jump on me, yes.
Feldman: so is it the case that just on a particular occasion the dog did not jump?
Denise Kemal: no. i just don't recall that night him jumping -- her jumping on me.
Feldman: you told us that on one of the occasions you had gone to the police department. i guess that switched downtown as you put it. do you remember telling that particular officer the dog was jumping up and Danielle was right there?
mr. Dusek: objection. vague as to when.
Feldman: do you recall that statement?
Denise Kemal: that wasn't that night. The court: wait. whoa. let's be specific as to time, counsel. lay a foundation. sustained.
Feldman: all right.
Feldman: directing your attention to the 1st of February, --
Denise Kemal: okay.
Feldman: -- do you recall being asked questions downtown concerning your activities and observations of the 1st of February?
Denise Kemal: yes, I do.
Feldman: and do you recall telling the officer that the night you came in, the 1st of February, you remember that the dog was jumping up and Danielle was right there?
Denise Kemal: yes. but that was when we first got there. not after.
Feldman: okay.
i'm sorry. you just said yes, that's when we first got there.
Denise Kemal: that is before we went to Dad's.
Feldman: ah. okay.
Denise Kemal: that was --
Feldman: so it is the case that on the 1st of February, whenever it was before you got to Dad's, when you first arrived at the residence, although the dog had seen you before, the dog was jumping on you?
Denise Kemal: yes. she jumps on everyone. it's not unusual.
Feldman: so the dog is a pretty active dog, is that right?
Denise Kemal: yes.
Feldman: and you know that dog because you've spent time around Brenda and Damon , isn't that true?
Denise Kemal: yes. they're friends.
Feldman: in fact, it was you who introduced Brenda to Barbara Easton , isn't that true?
Denise Kemal: yes.
Feldman: you attended -- Feldman: your honor, maybe i better request a sidebar.
The court: I think so.
bob.
(sidebar discussion, out of the hearing of the jury, as follows: (proceedings not part of the public record.) (end of sidebar discussion.) The court: all right. by mr. feldman:
Feldman: i would like to direct your attention to halloween of 2000.
Denise Kemal: okay.
Feldman: on halloween of 2000 did you attend a halloween party at the Van Dam residence?
Denise Kemal: yes. they have a halloween costume party every year.
Feldman: have you characterized that costume party as risque?
Denise Kemal: no, i wouldn't.
Feldman: on the evening of the halloween party in the year 2000 you were present with your husband at that time, correct, andy?
Denise Kemal: yes.
Feldman: and later in the evening you engaged in sexual relations, did you not, with your husband and Brenda Van Dam and Damon Van Dam, correct?
Denise Kemal: no, that's not true.
Feldman: so you never engaged in sexual relations with Damon and Brenda Van Dam?
Denise Kemal: yes, i did. but with Damon . it was more of a swap.
Feldman: i see.
Denise Kemal: andy was with Brenda, and I was with Damon .
Feldman: okay. i'm sorry. you swapped.
Denise Kemal: yes.
Feldman: did you tell that to Barbara?
mr. Dusek: objection. irrelevant.
The court: sustained.
you need not answer.
(discussion off the record between mr. feldman and mr. boyce.)
Feldman: so you were actually pretty good friends with the Van Dams, weren't you?
Denise Kemal: yes.
Feldman: but there came a time when apparently the relationship between you and the Van Dams took a different course. is that right?
Denise Kemal: what are you referring to?
Feldman: well, you told us I think on direct examination that by February of 2002 you and andy were no longer i guess -- your word was separated, right?
Denise Kemal: right.
Feldman: and is it the case that in fact your divorce became final on or about 31 January, --
mr. Dusek: objection. irrelevant.
Feldman: -- 2002?
mr. Dusek: 352.
The court: sustained.
you need not answer. by mr. feldman:
Feldman: in 2001 did you attend a halloween party at the Van Dam residence?
mr. Dusek: objection. irrelevant. 352.
The court: overruled. You may answer.
The witness: yes, i did.
Feldman: was Barbara Easton at that party?
Denise Kemal: yes. she was.
Feldman: was that party risque?
Denise Kemal: no. none of them were. it was a halloween party. they have -- everybody dresses up. and we have first, second, and third prize. there's nothing risque about it.
Feldman: all right.
before you came to court today did you meet with mr. dusek concerning the subject matter of your testimony?
Denise Kemal: not today really. not too much today.
Feldman: some today?
Denise Kemal: a little bit, yeah.
Feldman: and how about before today?
Denise Kemal: yes. thursday we spoke. yes, thursday.
Feldman: and prior to thursday?
Denise Kemal: no.
Feldman: with regard to your communications with any representative of the district attorney's office before court, can you tell me other than the i guess couple or three occasions that you spoke with mr. dusek, have you spoken with anyone else?
Denise Kemal: no.
Feldman: how about with Brenda Van Dam; have you spoken to her --
Denise Kemal: no, i haven't.
Feldman: -- concerning any -- if you don't mind, i'll finish the question and give you a chance --
Denise Kemal: okay.
Feldman: all right.
it's the case, isn't it, that on January the 25th, before you arrived at Brenda's residence with Barbara, you and Barbara had been drinking? is that correct?
Denise Kemal: yes.
Feldman: and, in fact, you and Barbara had consumed an entire bottle of wine before you arrived at Brenda's residence. is that true?
Denise Kemal: yes. that's true.
Feldman: and you were feeling I think in your words toasted before you arrived at the Van Dam residence --
Denise Kemal: yes.
Feldman: -- on the 25th, is that right, ma'am?
Denise Kemal: that's true.
Feldman: and was Barbara sober or had she -- was she in an equal state of intoxication?
Denise Kemal: she was in an equal state, yes.
Feldman: and was Barbara the designated driver on the 25th?
Denise Kemal: yes. a bottle of wine is about two glasses each.
Feldman: do you remember what kind of wine it was, ma'am?
Denise Kemal: it was probably a cab., cabernet or merlot.
Feldman: so by the time you got to Brenda Van Dam's residence, -- do you recall, by the way, on the 25th why were you going to Brenda's house?
Denise Kemal: we were going to go out that night.
Feldman: when did it get set up, do you recall?
Denise Kemal: a couple days prior.
Feldman: and who set it up?
Denise Kemal: Brenda and i.
Feldman: and what was the purpose of the get-together?
Denise Kemal: I was moving away.
Feldman: and was it an opportunity for you to have a girls' night out?
Denise Kemal: yes. yes.
Feldman: and when you have a girls' night out, what do you mean to communicate when you characterize it as a girls' night out?
Denise Kemal: just the three of us girls going out, spending time before i leave.
Feldman: all right.
but you didn't leave, did you?
Denise Kemal: no. i moved my trip.
Feldman: i'm sorry?
Denise Kemal: no. i did not leave.
Feldman: so you went to Dad's on the 25th. but first you went to Brenda's house, correct?
Denise Kemal: yes.
Feldman: when you got to Brenda's house, was she upstairs or downstairs, do you remember?
Denise Kemal: on the 25th i believe she wasn't ready yet. she was upstairs.
Feldman: did you spend some time downstairs?
Denise Kemal: yes. in the kitchen.
Feldman: was that with Damon ?
Denise Kemal: Damon was in the living room playing video games. but we were all talking.
Feldman: did you have anything to drink in addition to the wine while you were at Brenda's residence on the 25th, ma'am?
Denise Kemal: no.
Feldman: did you have any marijuana on the 25th?
Denise Kemal: yes.
Feldman: where did you smoke the marijuana on the 25th?
Denise Kemal: in the garage.
Feldman: so how much time elapsed would you estimate between the time you arrived at the Van Dam residence and the time you went to the garage to smoke marijuana?
Denise Kemal: probably about ten, fifteen minutes.
Feldman: did anybody join you in the garage while you smoked marijuana?
Denise Kemal: I don't recall.
Feldman: does that mean you smoked alone?
Denise Kemal: oh, no. it was three of us.
Feldman: who's the three of us, please?
Denise Kemal: Brenda, Barbara, and me.
Feldman: so in fact you were joined when you smoked marijuana?
Denise Kemal: m-hm.
Feldman: at least by Brenda, is that correct?
Denise Kemal: yes.
Feldman: and with regard to the -- was it a joint that you were smoking?
Denise Kemal: yes.
Feldman: and was it good marijuana?
Denise Kemal: I don't know.
Feldman: did it get you high?
Denise Kemal: yes.
Feldman: and that was the reason you were smoking it was to get high, right?
Denise Kemal: it's usually what you do.
Feldman: and do you find that with regard to getting high that has an effect on your memory?
Denise Kemal: a small effect.
Feldman: do you notice that that small effect specifically affects your short-term memory?
Denise Kemal: yes.
Feldman: and do you feel that as a result of your use of marijuana on the 25th that you may have had a short-term memory loss?
mr. Dusek: objection. calls for speculation.
The court: sustained.
you need not answer. by mr. feldman:
Feldman: when you went to Dad's on the 25th, about what time did you get there?
Denise Kemal: about 9:30.
Feldman: had the band started to play?
Denise Kemal: I don't recall if . . .
Feldman: when you were first interviewed by detective Grbac, isn't it true you never mentioned to detective Grbac that on the 25th you had seen david Westerfield at the Dad's?
Denise Kemal: right. I don't recall seeing him on the 25th.
Feldman: isn't it true you -- when you first saw detective -- when you first talked to detective Grbac, you never mentioned your sexual encounter with the Van Dams?
Denise Kemal: yes. that's true.
Feldman: even though he told you it was very important that he know the names of everybody that had been in that residence, correct?
Denise Kemal: but our encounter was nearly three years ago.
Feldman: detective Grbac told you that law enforcement's concern was for you to tell the truth, the whole truth, and nothing but the truth, correct?
Denise Kemal: that's true. but that would be going back almost three years, and i didn't think that had anything to do with it.
Feldman: so are you telling us, then, that you were making judgments as to what would be appropriate for you to communicate to law enforcement concerning the subject matter of their investigation?
Denise Kemal: yeah.
Feldman: so you decided whether or not law enforcement needed information -- strike that.
you decided whether or not you would give law enforcement the information law enforcement was seeking from you, isn't that true?
Denise Kemal: going so far back, i didn't think it pertained. i guess.
Feldman: and is it true that you had had a conversation with Brenda Van Dam and Damon Van Dam before you talked to the police where all of you discussed the fact that although you had all had sex together at one time or another, you weren't going to tell that to the police either?
Denise Kemal: i never had that conversation with them, no.
Feldman: did you have that conversation with Barbara?
Denise Kemal: no.
Feldman: did Damon and you have any independent communications before you spoke to the police?
Denise Kemal: never. no.
Feldman: i'm sorry. you said you never spoke independently to Damon ?
Denise Kemal: no. i spoke to him on the phone when he called me and said to come over. but i didn't actually see Brenda and Damon until that night because it was all blocked off. and i called the detective when i got there, and he came out.
Feldman: so I think you just told me that you received a phone call on or about the 2nd of February from Damon Van Dam. correct?
Denise Kemal: yes. it was on the 2nd. he told me they wanted to talk to me about the side door, if i could come over.
Feldman: and that was -- did you have a chance to finish, ma'am?
Denise Kemal: yes.
Feldman: so in that -- you had the conversation with Damon Van Dam 'cause he called you up on the 2nd, and that was before you had ever talked to any police officer, isn't that true?
Denise Kemal: yes.
Feldman: and isn't it true that ever since you introduced Brenda and Damon to Barbara it's like every time you hung out they were hooking up with each other?
Denise Kemal: i believe --
mr. Dusek: objection. irrelevant. 352. beyond the scope.
The court: overruled.
do you understand the question? that's the main thing, ma'am. do you understand the question?
The witness: yes, I do.
The court: all right. you may answer it yes or no.
The witness: i believe they were together twice.
mr. Dusek: objection. speculation. no foundation.
The court: sustained.
mr. Dusek: ask the answer be --
The court: the jury is to disregard the entire question and answer. by mr. feldman:
Feldman: do you recall telling detective Grbac, quote, ever since the time --
mr. Dusek: objection. no foundation. it's hearsay.
The court: at this point in time sustained as it relates to her knowledge unless you can lay a foundation.
Feldman: okay. by mr. feldman:
Feldman: do you have personal knowledge of the relationship between Brenda and Damon , is that correct?
mr. Dusek: objection. vague as to what's personal knowledge. did she see?
The court: let's take it one step at a time. this has got to be of your personal knowledge, ma'am, not something you've been told. okay?
The witness: okay.
Feldman: what you've seen.
The witness: what's the question again?
The court: all right. by mr. feldman:
Feldman: you've seen the interactions between Brenda and Damon Van Dam, is that correct?
Denise Kemal: yes. they are my friends.
Feldman: you have seen the interactions between Brenda and Damon Van Dam and Barbara Easton , they are your friends Denise Kemal: yes.
Feldman: i'm sorry. do you agree?
Denise Kemal: yes.
Feldman: based on what you have seen, isn't it the case that every time you hung out, they were hooking up with each other?
Denise Kemal: no.
mr. Dusek: objection. vague.
The court: the answer is no. she understood the question. it stands. by mr. feldman:
Feldman: with regard to the term hook up, what does it mean --
mr. Dusek: objection. irrelevant. by mr. feldman:
Feldman: -- to you?
mr. Dusek: 352, your honor.
The court: overruled.
you can answer.
The witness: could you repeat the question? by mr. feldman:
Feldman: with regard to the words hooking up, what do they mean to you?
Denise Kemal: just hanging out.
Feldman: so it has no sexual connotation to you?
Denise Kemal: no.
Feldman: when you've talked to your friend Brenda Van Dam, have you and she used the term hooking up together?
mr. Dusek: objection. your honor, may we approach the bench?
The court: overruled. it's getting far afield. sustained. let's move on, mr. feldman.
Feldman: yes, your honor. by mr. feldman:
Feldman: on the 25th when you arrived at the bar, you, Brenda, and Barbara were dancing together, isn't that correct?
Denise Kemal: yes.
Feldman: were you kissing a guy on the table?
Denise Kemal: no.
Feldman: was Barbara dancing with other girls?
Denise Kemal: yes.
Feldman: you mentioned on direct examination something about your -- something about blonds. do you recall?
Denise Kemal: yes.
Feldman: there were two blonde girls there that Barbara was dancing with, isn't that correct?
Denise Kemal: yes.
Feldman: and it's also correct that the three of you, meaning you, Brenda, and Barbara, were, quote, pretty loaded, end quote.
Denise Kemal: yes.
Feldman: and when you use the term pretty loaded, what degree of impairment do you mean to communicate, ma'am?
Denise Kemal: not belligerent. just having a good time.
Feldman: how many drinks --
mr. Dusek: objection. vague as to whom.
Feldman: as to --
The court: well, let's get what event we're talking about here.
Feldman: i'm on the 25th. i'm asking her about her words, your honor.
The court: all right.
The witness: can you repeat the question, please?
Feldman: sure. by mr. feldman:
Feldman: how many drinks did you have on the 25th after the bottle of wine, --
Denise Kemal: okay.
Feldman: -- after the marijuana cigarette, and when you arrived at Dad's?
Denise Kemal: I had three coors lights.
Feldman: and you remember that, is that correct?
Denise Kemal: yes.
Feldman: and who did you tell that to, if anyone, prior to today?
Denise Kemal: nobody.
Feldman: and you observed on the 25th Brenda dancing, isn't that true?
Denise Kemal: yes.
Feldman: and while Brenda was dancing, you formed the opinion that she was pretty loaded also, isn't that true?
Denise Kemal: I don't recall saying that, but. . .
(discussion off the record between mr. feldman and mr. boyce.) Feldman: excuse me just for a second.
(pause.) by mr. feldman:
Feldman: is it correct that on the 25th you had observed Brenda to be dancing with some other girls?
Denise Kemal: we were all dancing together.
Feldman: i understand that. but did you tell detective hergenroether that you knew that Barbara and Brenda had been dancing with some other girls?
Denise Kemal: yes. there were lots of people on the dance floor.
Feldman: on the 25th, --
Denise Kemal: yes.
Feldman: -- correct?
(discussion off the record between mr. feldman and mr. boyce.) by mr. feldman:
Feldman: during the week following the 25th and before the February 1st, that friday, did you have communication with Brenda or Barbara concerning any activities you might engage in the following week?
Denise Kemal: yes.
Feldman: who called whom, if you recall?
Denise Kemal: I don't recall. we used to call each other all the time.
Feldman: i'm sorry. when you say we used to call, are you referring to yourself and Brenda, yourself and Barbara?
Denise Kemal: all three of us.
Feldman: okay.
so the three of you --
Denise Kemal: so it could have been me calling Brenda, Brenda calling me, me calling barb, her calling me or Brenda.
Feldman: okay. The plan was regardless that on the 1st of February you were going to have another girls' night out, true?
Denise Kemal: true.
Feldman: and you were no longer leaving?
Denise Kemal: no. I was. it was just postponed a bit.
Feldman: so you had the opportunity to have a consecutive girls' night out weekend.
Denise Kemal: yes.
Feldman: so on the 1st of February how did you get to the Van Dam residence?
Denise Kemal: Barbara drove.
Feldman: did you have anything to drink this time before you --
Denise Kemal: no, i didn't.
Feldman: i'm sorry?
Denise Kemal: no.
Feldman: when you got to the Van Dam residence, what did you do?
Denise Kemal: we went into the kitchen.
Feldman: well, where did you park your car?
Denise Kemal: outside.
Feldman: did you walk directly into the kitchen?
Denise Kemal: we went through the front door.
Feldman: okay.
Denise Kemal: we went into the kitchen.
Feldman: see anybody outside?
Denise Kemal: yeah. Danielle and Brenda.
Feldman: and then you went inside the residence?
Denise Kemal: yes.
Feldman: when you got inside the residence, what did you see?
Denise Kemal: went into the kitchen. the boys and Damon were playing video games. and Danielle was at the kitchen table. i ordered my girl scout cookies.
Feldman: all right.
Denise Kemal: Brenda was straightening the kitchen.
Feldman: how much time elapsed would you estimate between the time you arrived at the Van Dam residence and the time you got to the garage?
Denise Kemal: about ten, fifteen minutes.
Feldman: and this time, this being the second friday, February 1, you went into the garage and got a beer, did you?
Denise Kemal: yes.
Feldman: and you shared the beer, did you, with Barbara?
Denise Kemal: yes.
Feldman: and who had the marijuana this time?
Denise Kemal: i believe it was Barbara.
Feldman: are you guessing?
Denise Kemal: i'm not positive.
Feldman: who had the marijuana the week previous?
Denise Kemal: Barbara.
Feldman: and when Barbara had the marijuana on the 1st of February, did you smoke some of it, right?
Denise Kemal: yes.
Feldman: and you smoked some with Brenda, is that right?
Denise Kemal: yes.
The court: counsel, we've got to take a break at some point. this is probably just as convenient as any.
Denise Kemal cross-examination II