"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 testimony
based on transcript of Monday, June 10, 2002, 9:28 a.m
the clerk: would you please state your name and spell it for the record.
The witness: Denise Kemal. d-e-n-i-s-e kemal, k-e-m-a-l.
direct examination by mr. Dusek:
Dusek: is it miss or missus kemal?
Denise Kemal: it's miss.
Dusek: how old are you, ma'am?
Denise Kemal: twenty-eight.
Dusek: do you know the Van Dam family?
Denise Kemal: yes, I do.
Dusek: how long have you known them?
Denise Kemal: about five years.
Dusek: how did you first meet them?
Denise Kemal: Damon worked with my husband, and i met him through him.
Dusek: your husband's name is what or was named?
Denise Kemal: Andrew.
Dusek: where did they work?
Denise Kemal: Qualcomm.
Dusek: back in February of this year what part of town were you living in?
Denise Kemal: Tierrasanta.
Dusek: did you have a neighbor?
Denise Kemal: yes.
Dusek: what was the neighbor's name?
Denise Kemal: Barbara.
Dusek: what's her last name?
Denise Kemal: easton.
Dusek: how long had you been living there? about.
Denise Kemal: have i been living there?
Dusek: yes.
Denise Kemal: about a year and a half.
Dusek: what type of work were you doing?
Denise Kemal: flight attendant.
Dusek: are you familiar with the Van Dam family, how many people are in the family?
Denise Kemal: yes.
Dusek: who all is in the family?
Denise Kemal: Brenda, Damon, Derek, Dylan, Danielle.
Dusek: let me direct your attention back to I think January 25th of the year 2002, the weekend before this thing happened.
Denise Kemal: m-hm.
Dusek: did you have any contact with the Van Dam family on that weekend?
Denise Kemal: yes. we went out that night.
Dusek: was there a reason?
Denise Kemal: I was leaving, transferring to baltimore for work. and it was the last time we would get to hang out.
Dusek: and who was going to go out?
Denise Kemal: Brenda, Barbara, and i.
Dusek: who came up with the plans, ma'am?
Denise Kemal: Brenda and i.
Dusek: where did the three of you first meet up that evening?
Denise Kemal: at Brenda's.
Dusek: who went over there?
Denise Kemal: Barbara and i.
Dusek: who drove?
Denise Kemal: i believe Barbara did.
Dusek: did you do any drinking before you went over?
Denise Kemal: yes.
Dusek: what did you have?
Denise Kemal: wine.
Dusek: how about Barbara; did she have some wine, too?
Denise Kemal: yes.
Dusek: when you got over to the Van Dam home, what was going on, do you recall?
Denise Kemal: i believe Brenda wasn't ready. she was upstairs. and we just waited down in the kitchen for her.
Dusek: did you see Damon Van Dam?
Denise Kemal: yes.
Dusek: what was he doing?
Denise Kemal: playing video games on the couch.
Dusek: with anyone?
Denise Kemal: yeah. with the boys.
Dusek: did you see Danielle?
Denise Kemal: yes. she was in the kitchen at the table.
Dusek: what happened as you were waiting for Brenda to get ready?
Denise Kemal: we just sat in the kitchen and talked. talked to Danielle, the kids, Damon , you know, just to wait for Brenda.
Dusek: did she eventually show up?
Denise Kemal: yes.
Dusek: did you do anything before you left the house with Brenda?
Denise Kemal: yes. we went to the garage.
Dusek: what for?
Denise Kemal: and we smoked.
Dusek: do you smoke cigarettes?
Denise Kemal: yes.
Dusek: did you smoke cigarettes out there?
Denise Kemal: yes.
Dusek: smoke anything else?
Denise Kemal: yes. we smoked some pot.
Dusek: how much?
Denise Kemal: not much. we usually had one, and we passed it around, put it out and would save it for later.
Dusek: all right.
once you completed that out in the garage on the 25th, what happened?
Denise Kemal: we left. we went inside.
Dusek: do you know who drove?
Denise Kemal: Brenda drove.
Dusek: and where did you go?
Denise Kemal: to Dad's.
Dusek: how far away is that? about.
Denise Kemal: it's about two minutes. it's not far.
Dusek: in Poway?
Denise Kemal: it's just down the hill.
yes, on Poway road.
Dusek: tell us what happened when you arrived there at Dad's.
Denise Kemal: i didn't have my i.d. on me when we got in. and Barbara was talking to the doorman and managed to get us in. and we went to the bar.
Dusek: you need the i.d. for what purpose?
Denise Kemal: to show that you're old enough to get into the bar.
Dusek: you didn't --
Denise Kemal: i forgot it.
Dusek: you didn't look old enough to get in?
Denise Kemal: no. evidently not.
Dusek: did you have to go get your i.d.?
Denise Kemal: no. no.
Dusek: how were you able to get in?
Denise Kemal: Barbara spoke to the doorman, and i guess they decided that I was old enough. i told them my age and my birth day.
Dusek: where did you go once you got inside?
Denise Kemal: to the bar.
Dusek: what did you do?
Denise Kemal: we sat at the bar and had a drink or two. Dusek: would you estimate for me how long you were at Dad's that evening on the 25th?
Denise Kemal: well, that night we didn't get there until late. it was probably about 9:00, 9:30 that we got there. it could have even been later. we got a late start that night. and then i believe we stayed until about 1:30, 2:00, closing time.
Dusek: now, while you were at Dad's, did you have a watch on?
Denise Kemal: yes.
Dusek: were you paying attention to the time?
Denise Kemal: not too much, no.
Dusek: do you recall if there was a clock on the wall --
Denise Kemal: yes.
Dusek: -- that you were paying . . .
were you paying attention to the clock on the wall?
Denise Kemal: no, not that night.
Dusek: what did you do while you were at Dad's that evening?
Denise Kemal: we had a few drinks. we danced. I don't recall playing pool that night. there was a band, so we danced a lot.
Dusek: did you dance?
Denise Kemal: yes.
Dusek: how much?
Denise Kemal: a lot.
Dusek: with whom?
Denise Kemal: Barbara, Brenda, and just people on the dance floor. there was a lot of people there.
Dusek: was there anyone in particular you remember dancing with?
Denise Kemal: there was one person that i danced with, yes. but I don't know who he is.
Dusek: were you attracted to that fellow?
Denise Kemal: no. but he danced good. we danced good together.
Dusek: how long did you keep dancing with him?
Denise Kemal: probably about two, three songs.
Dusek: what did he look like, do you remember?
Denise Kemal: he had blond hair, and he had a blond beard that came down far. and Barbara said he would be cute if he shaved his face.
Dusek: all right.
Denise Kemal: I don't like blonds. but he danced good. we had a good dance.
Dusek: all right.
do you know an individual by the name of david Westerfield, know who he is?
Denise Kemal: i know who he is.
Dusek: was he there that night if you can recall, on the 25th?
Denise Kemal: I don't recall meeting him, but i know that he was there.
Dusek: do you see him in court today?
Denise Kemal: yes. I do.
Dusek: point him out.
Feldman: objection. speculation, your honor, and conclusion. no foundation.
The court: overruled.
Dusek: would you point him out, please, and describe what he's wearing today. Denise Kemal: he's sitting there. he's got a gray jacket on and a maroon tie and a white shirt. The court: the record will reflect identification. by mr. dusek:
Dusek: do you recall what he was doing there on the 25th, if anything?
Denise Kemal: no. I don't recall meeting him personally.
Dusek: did you dance with mr. Westerfield that evening?
Denise Kemal: no.
Dusek: did you see whether or not Brenda or Barbara danced with him on the 25th?
Denise Kemal: they did dance.
Dusek: do you know if they danced with mr. Westerfield on the 25th?
Denise Kemal: no, they did not. Dusek: how much did you have to drink that night?
Denise Kemal: a bit. Dusek: what's a bit mean?
Denise Kemal: a bottle of wine before we left, and then i believe I was drinking coors light when we got there. so. . .
Dusek: describe for us what your belief is your state of intoxication or sobriety.
Denise Kemal: that night?
Dusek: the 25th.
Denise Kemal: yes. I had a bit to drink. I was -- I was toasted.
Dusek: all right.
how was it that you came to leave the bar that evening?
Denise Kemal: we just decided to leave. I don't recall whether it was 2:00 o'clock or before closing time, but we just got in the car and left.
Dusek: anybody go with you when you left?
Denise Kemal: no.
Dusek: where did you go?
Denise Kemal: to Brenda's.
Dusek: what happened when you got back to Brenda's?
Denise Kemal: barb and i got into her car and Brenda went inside, and we went home.
Dusek: you didn't even go inside their house that evening?
Denise Kemal: no.
Dusek: and no guys followed you home?
Denise Kemal: no.
Dusek: you didn't invite anybody back to the house that evening?
Denise Kemal: no.
Dusek: and you and Barbara then went back to your residences in Tierrasanta, is that right?
Denise Kemal: right.
Dusek: did you then get together with them, with both Barbara and Brenda the following weekend?
Denise Kemal: yes, we did.
Dusek: when were the plans made for that?
Denise Kemal: the week prior. just maybe monday or tuesday. I don't remember the exact day. but we did go out the following week. I was able to change my trip so that i could go the following week to baltimore. Dusek: so which day were you going to go to baltimore?
Denise Kemal: I was going to leave -- that was a friday night. I was going to leave sunday i believe.
Dusek: sunday after this incident occurred?
Denise Kemal: yes. but the week prior, the 25th, the first night we went out, i believe that I was going to leave that sunday as well. and i moved my trip.
Dusek: was there any discussion at all about whether or not Brenda would be able to go with you on this second occasion, the 1st of February?
Denise Kemal: we talked about it. she wasn't sure if she was going to be able to get a sitter because Damon was taking Derek snowboarding.
Dusek: eventually she was able to make arrangements.
Denise Kemal: yes.
Dusek: who went to whose house on the 1st of February? how did you guys get together?
Denise Kemal: Barbara and i went over there.
Dusek: in whose car?
Denise Kemal: in Barbara's car.
Dusek: do you remember doing any drinking at your place or Barbara's place before you went to the Van Dam residence?
Denise Kemal: no, we didn't. we met up and we met outside and -- and left.
Dusek: you and Barbara met outside?
Denise Kemal: yes.
Dusek: what happened when you got to the Van Dam home? Denise Kemal: we went into the kitchen.
Dusek: what was going on?
Denise Kemal: Brenda was cleaning up from dinner and ordered pizza. and Damon was on the couch playing video games.
Dusek: with whom?
Denise Kemal: with the boys.
Dusek: and how about Danielle; did you see what she was doing?
Denise Kemal: she was in the kitchen. I was ordering girl scout cookies from her.
Dusek: you did?
Denise Kemal: yes.
Dusek: did you sign the form?
Denise Kemal: yes, i did.
Dusek: let me show you what's been previously marked as court's exhibit 34. it looks like the girl scout cookie form. ask you to look at that and see if you can find your name or your order on there some place.
Denise Kemal: yes. it's right there in her handwriting.
Dusek: could you hold it up so the jury could see where you're pointing.
Denise Kemal: (the witness complied.) Dusek: what word is written in there, your name?
Denise Kemal: Denise Kemal.
Dusek: all right.
you've done that.
Denise Kemal: and the number of cookies.
Dusek: how many did you order?
Denise Kemal: i ordered three boxes. nine dollars. one box went overseas.
Dusek: okay.
who filled this in?
Denise Kemal: Danielle.
Dusek: what next happened, ma'am, after you ordered the cookies and chatted with her?
Denise Kemal: we went out to the garage.
Dusek: what for?
Denise Kemal: barb and i split a beer. we smoked. and we smoked pot.
Dusek: when you say you smoked, that means something other than --
Denise Kemal: cigarette.
Dusek: okay.
who smoked cigarettes?
Denise Kemal: barb and i.
Dusek: why do you go in the garage to do that?
Denise Kemal: there's no smoking in the house.
Dusek: and there was marijuana also?
Denise Kemal: yeah.
Dusek: do you know where it came from?
Denise Kemal: i believe barb had it in her cigarette pack.
Dusek: how many marijuana cigarettes were passed around out there?
Denise Kemal: one.
Dusek: who was smoking it?
Denise Kemal: Brenda, Barbara, and i.
Dusek: did anyone join you while you were in the garage?
Denise Kemal: Damon came out briefly. maybe for like a minute or two. he had like one or two puffs and went back in to play.
Dusek: did anything else happen while you were in the garage?
Denise Kemal: i received a phone call.
Dusek: what happened? tell us about that.
Denise Kemal: my phone rang. i answered it. but i couldn't get service.
Dusek: what do you mean by that?
Denise Kemal: i couldn't -- i didn't have a good reception on the cell. phone, so i went out the side door, and i took a couple steps to the left, a couple to the right, and the call dropped. so i went back inside.
Dusek: what do you mean you took a couple steps to the left and right; what were you trying to do?
Denise Kemal: I was trying to get service. my phone didn't have any service.
Dusek: could you tell who the call was from?
Denise Kemal: a friend.
Dusek: how do you know that?
Denise Kemal: because it had the name on it.
Dusek: who was the friend?
Denise Kemal: a friend named George.
Dusek: did you ever speak with George?
Denise Kemal: that night? no.
Dusek: why not? what happened?
Denise Kemal: i couldn't hear him. i couldn't hear him. and he couldn't hear me. and I was trying to say my phone's not working, so -- and then it just dropped. so i just went back inside.
Dusek: what did you do with the door that let you outside?
Denise Kemal: i shut it behind me.
Dusek: did you lock it?
Denise Kemal: no, i didn't.
Dusek: from that point on what did you do while you were still at the house, ma'am?
Denise Kemal: we went back inside and chatted a little bit, and we left.
Dusek: who drove this time?
Denise Kemal: Brenda.
Dusek: in what type of vehicle?
Denise Kemal: she has an expedition.
Dusek: where did you go?
Denise Kemal: to Dad's.
Dusek: when you got to Dad's on the 1st of February, describe what happened as you arrived there.
Denise Kemal: we went inside and spoke to the doorman for a while. i spoke to him.
Dusek: do you know the doorman's name?
Denise Kemal: Elmer.
Dusek: what did you talk about?
Denise Kemal: I had seen a blond guy standing there, and I wasn't sure if it was the guy that i danced with the week before, and i didn't want to be rude and not say hello if it was him. so I was asking Elmer if that was him. and it wasn't.
Dusek: so you didn't have to say hi?
Denise Kemal: right.
Dusek: once you got past the doorman, where did you go?
Denise Kemal: to the bar.
Dusek: what happened?
Denise Kemal: Barb was there already standing there, and Brenda and I had walked up, and that's when I was introduced to Dave.
Dusek: mr. Westerfield?
Denise Kemal: yes.
Dusek: who did that?
Denise Kemal: Brenda.
Dusek: do you recall what she said, how the introductions were made?
Denise Kemal: i believe she said this is my neighbor Dave. and i said hello.
Dusek: was he with anyone?
Denise Kemal: yes. he was with a friend, a short, italian-looking guy. Garry. he was very friendly; he was nice.
Dusek: which one?
Denise Kemal: Garry.
Dusek: who introduced you to Garry, do you recall?
Denise Kemal: I think mr. Westerfield did.
Dusek: where were they located inside Dad's?
Denise Kemal: at the end of the bar, standing at the end of the bar.
Dusek: let me show you what we had previously marked as court's exhibit 31, this photo display board labeled "Dad's cafe and steakhouse," with several photographs on it. do you recognize what we have depicted on there, ma'am?
Denise Kemal: yes.
Dusek: photograph a, does that appear to be the exterior of Dad's?
Denise Kemal: yes.
Dusek: and photograph e, what is that?
Denise Kemal: that's the smoking room.
Dusek: photograph b, it appears to be a panoramic shot.
Denise Kemal: yes.
Dusek: what does it show us?
Denise Kemal: that's the bar and the band and restaurant area and the foyer.
Dusek: do you see the approximate location where the defendant was when you were introduced to him?
Denise Kemal: yes. he was standing right here at the end of the bar with his friend.
Dusek: and by the end of the bar, it would be --
Denise Kemal: right here.
Dusek: -- it would be the --
Denise Kemal: the corner.
Dusek: closest to the cameraman on photograph b?
Denise Kemal: yes.
Dusek: do you recall what you were drinking?
Denise Kemal: absolut cranberry.
Dusek: tell us what absolut is.
Denise Kemal: vodka.
Dusek: who bought the drinks?
Denise Kemal: i believe Dave bought the first round.
Dusek: describe that for us.
Denise Kemal: we sat at the bar, and he came over and mentioned how women shouldn't buy their drinks, something to that effect, and he bought us a round.
Dusek: how did you do that; how did he pay for it?
Denise Kemal: he kind of flashed his money out like he had a lot of money or something. and i thought, you know, you know, . . . but he just flashed his money out, said oh, i'll pay for them.
Dusek: once he bought the round of drinks, what did you and your girl friends do?
Denise Kemal: we sat together at the bar talking.
Dusek: was mr. Westerfield included in that conversation?
Denise Kemal: no.
Dusek: what was he doing?
Denise Kemal: he was standing on the side. he was very quiet and weird. he was creepy. he didn't talk at all.
Feldman: objection, your honor.
The witness: he came over and bought us a drink.
The court: as to the characterization, sustained.
the jury is to disregard the characterization.
Feldman: i'm sorry. there was more than on characterization.
The court: multiple characterizations.
Feldman: thank you.
The court: all right. by mr. dusek:
Dusek: did he participate in a conversation?
Denise Kemal: no, he did not.
Dusek: did anybody else join you at the bar that evening?
Denise Kemal: shortly after Rich and Keith came.
Dusek: who are they?
Denise Kemal: Rich is a friend of Brenda and Damon 's for a long time. him and his wife Liz. and Keith is his brother-in-law.
Dusek: did you know them prior to that evening?
Denise Kemal: I had met Rich before.
Dusek: how about Keith ; did you know him before?
Denise Kemal: i met him that night.
Dusek: what happened when Rich and Keith show up?
Denise Kemal: they come in and stand near us, and we talk.
Dusek: what about mr. Westerfield; was he part of that conversation?
Denise Kemal: no, he was not.
Dusek: was he included in that group?
Denise Kemal: no, he was not. Dusek: even though he just bought you a round of drinks?
Denise Kemal: right.
Dusek: what's the next thing that you remember happening?
Denise Kemal: barb and i got concerned because there were kids on the dance floor, and it was -- it was getting late.
Dusek: what do you mean by late?
Denise Kemal: well, it was after 9:00. it was probably about a quarter after 9:00, ten after 9:00. and there were still kids on the dance floor. the band hadn't started yet.
Dusek: what do you mean by kids, age group?
Denise Kemal: seven. I don't know.
Dusek: why did that concern you?
Denise Kemal: because it's a bar, and I don't believe it's the place for children.
Dusek: did you do something about that?
Denise Kemal: yes. we went up to elmer, the doorman, and we asked him what time the kids would be gone and what time the band would start. and he said that once the band started, they would have the kids go out. and the band started at 10:00.
Dusek: on this occasion, the 1st of February, are you able to estimate whether you got there earlier or later than the first time?
Denise Kemal: much earlier 'cause there were families in there with their kids. it was about 8:15, 8:20 when we arrived this night.
Dusek: were they still serving meals when you got there?
Denise Kemal: we didn't order a meal. I don't recall.
Dusek: do you know if the restaurant was still serving?
Denise Kemal: i believe so.
Dusek: once you had the conversation with elmer about the young kids, did you guys do something?
Denise Kemal: yeah. we went back to the bar, and we talked for a little bit, and then we decided to go play pool.
Dusek: where's the pool room?
Denise Kemal: it's just around from the bar on the other side. it's the bar, the dance floor, and then the pool room.
Dusek: let me ask you again to look at exhibit 31 behind you. do you see the area where the pool tables are in any of those photographs?
Denise Kemal: yes, I do.
Dusek: which letter?
Denise Kemal: d. d.
Dusek: who all went to play pool?
Denise Kemal: Brenda, barb, and i, Rich, Keith , and Garry.
Dusek: Garry was who?
Denise Kemal: Dave's friend.
Dusek: how were the teams broken up?
Denise Kemal: Barbara and Keith and Rich went to the far table, and they played. I don't think Rich played. I think he watched. and Garry, Brenda, and i played on the first table.
Dusek: just the three of you on the first table?
Denise Kemal: no. when we got over there, i saw a man standing there, a guy with blond hair and glasses. and he just happened to be standing there by the pole. and i said we're going to play doubles. would you like to play; we need one more player. and he said yeah, sure. so i introduced him to Brenda. he said his name was -- i forgot his name. Ken? I don't remember. but i introduced him to Brenda and to Garry. they shook hands and said hello.
Dusek: was the name Jeff?
Denise Kemal: Jeff. that's it.
and they didn't know each other to my knowledge.
Dusek: so you were with Brenda and Garry and Jeff on one table --
Denise Kemal: yes.
Dusek: -- playing pool, --
Denise Kemal: m-hm.
Dusek: -- and Barbara and Keith were on the second table playing.
Denise Kemal: right.
Dusek: did you see mr. Westerfield around while you guys were playing pool?
Denise Kemal: during the course of the game at some point i turned around, and i saw him kind of leaning on this half-partition of a wall, just looking and staring. and i thought to myself, wow, that's creepy that he's just standing there watching.
Dusek: do you see that partition or that half-wall that you mentioned?
Denise Kemal: yes, I do.
Dusek: we have this pointer here. are you able to see it in any of these shots? did we include it?
Denise Kemal: if you look closely through here, this is where the half-partition is, and he was standing on the other side of it, not in the bar area, the restaurant area, but on the other side, which would be right behind this fooz ball table. right on that half-partition of a wall.
Dusek: fooz ball table appears to be in photograph d. correct?
Denise Kemal: uh-huh. and the partition is over here. and that is where he was standing. he was leaning on that wall.
Dusek: and where you indicated right now is to the left of photograph d is where the half-wall was.
Denise Kemal: yes.
Dusek: and the first place you indicated was in photograph b to an area -- and to save you time, your pointer is on it right now.
Denise Kemal: yes.
Dusek: how about if i circle that in red.
Denise Kemal: okay.
Dusek: (mr. dusek complied.) did i circle the appropriate area?
Denise Kemal: yes, you did.
Dusek: are you able to estimate how many games you played?
Denise Kemal: about three or four.
Dusek: who won?
Denise Kemal: jeff and i won the first two, and Garry and Brenda won the last game I think .
Dusek: were you any good?
Denise Kemal: i like to play.
Dusek: do you know if mr. Westerfield remained there watching the entire time you guys were playing pool?
Denise Kemal: after i saw him leaning on the wall, i didn't pay too much attention to him. he did stand there and watch for a while. after the band had started, he was -- it was after the band started that i noticed him standing there. and then i really didn't pay too much attention to him. so i didn't notice.
Dusek: once you guys finished playing pool, was the band playing or not by that time?
Denise Kemal: yes.
Dusek: what did you guys do?
Denise Kemal: went back to the bar. no, we didn't. sorry.
Dusek: what did you do?
Denise Kemal: we left the pool tables, and we went out to the car.
Dusek: Brenda's car?
Denise Kemal: yes.
Dusek: where was it parked?
Denise Kemal: in the back.
Dusek: who all went out there?
Denise Kemal: Barbara, Brenda, Keith , Rich, and i.
Dusek: where did you go?
Denise Kemal: i sat in the middle of the truck on the hump there.
Dusek: in the passenger part of the excursion?
Denise Kemal: no. Barbara sat in the passenger seat. i sat in the middle hump bit, and Brenda sat in the driver's seat.
Dusek: what did you start doing out there?
Denise Kemal: we smoked, and we listened to music and sang.
Dusek: do you know who was playing?
Denise Kemal: macy gray.
Dusek: who's that?
Denise Kemal: it's a singer, artist.
Dusek: anything else go on while you guys were singing?
Denise Kemal: just talking and, you know, we smoked.
Dusek: smoke marijuana?
Denise Kemal: uh-huh.
Dusek: where did that come from?
Denise Kemal: barb's cigarette pack. it's the same one from the earlier. we kind of just would light it, pass it around, and then put it out, save it for later, pass it around again. we kind of held onto it for a while.
Dusek: how big was this cigarette?
Denise Kemal: just little. like smaller than a regular cigarette.
Dusek: where were Rich and Keith located outside?
Denise Kemal: Rich was standing by the -- by Brenda, by the window. he was outside standing.
Dusek: that would be on the driver's side?
Denise Kemal: yes. and Keith was on the passenger side talking to barb.
Dusek: did you see what they were doing over there?
Denise Kemal: talking.
Dusek: did you see anything else?
Denise Kemal: no. just talking out the window. i'm not sure. I wasn't paying too much attention to them. i know they were talking.
Dusek: did you see them do any kissing?
Denise Kemal: i didn't.
Dusek: what happened when you guys were done in the parking lot?
Denise Kemal: we went back inside.
Dusek: what you guys do?
Denise Kemal: i went to the bar, ordered a drink. and a water. i know we had water. and that's it. we hung out at the bar.
Dusek: was there any dancing going on?
Denise Kemal: yes.
Dusek: did you do any dancing?
Denise Kemal: i didn't dance that night. I wasn't -- i may have danced a little bit standing at the bar earlier that night, but i just stayed at the bar and watched them dance.
Dusek: sounds like you were dancing quite a bit the week before. Denise Kemal: the week before, yes, I was.
Dusek: why not so much this time?
Denise Kemal: I wasn't in the mood.
Dusek: how about Brenda or Barbara; were they dancing?
Denise Kemal: yes.
Dusek: with whom?
Denise Kemal: Rich and Keith .
Dusek: were you aware of the defendant being in the bar area, the dancing area, when you returned?
Denise Kemal: yes.
Dusek: what was he doing?
Denise Kemal: nothing. standing there by himself, just standing there.
Dusek: how about his friend Garry; was Garry still around?
Denise Kemal: I don't recall.
Dusek: did you see anybody dance with Garry?
Denise Kemal: no.
Dusek: did you see mr. Westerfield dance with anybody?
Denise Kemal: i believe he danced with barb shortly.
Dusek: what do you mean shortly?
Denise Kemal: he didn't even last a song. he just -- he went out there, danced maybe a minute or two, and then he walked off.
Dusek: did you dance with the defendant?
Denise Kemal: no, i did not.
Dusek: did you see Brenda dance with the defendant?
Denise Kemal: no.
Dusek: were there other people dancing?
Denise Kemal: yes.
Dusek: how full was the dance floor?
Denise Kemal: it was pretty full. yeah.
Dusek: were there times when girls were dancing with girls?
Denise Kemal: yeah.
Dusek: in your group?
Denise Kemal: yes.
Dusek: how about were other ladies who were in the bar, were they dancing with girls also?
Denise Kemal: yes.
Dusek: did there come a time at Dad's that evening when you became aware that mr. Westerfield was no longer around?
Denise Kemal: later on that evening i heard that he was -- he had left.
mr. boyce: objection. hearsay.
The court: sustained.
it appears not to be her personal knowledge.
next question. by mr. dusek:
Dusek: when you heard whatever it was you heard, did you see mr. Westerfield after that?
Denise Kemal: no.
Dusek: about what time was that? can you estimate for us or not?
Denise Kemal: about -- probably about 11:15.
Dusek: how long would you say you stayed there at Dad's?
Denise Kemal: the lights came on at ten to 2:00. one of the guys came out and said it's last call. so we left.
Dusek: where were you when the lights went on?
Denise Kemal: in the smoking room.
Dusek: is that depicted in exhibit 31 behind you?
Denise Kemal: yes. it's letter e.
Dusek: what were you smoking there?
Denise Kemal: we were at this table here.
Dusek: in the lower right-hand side corner of photograph e?
Denise Kemal: yes.
Dusek: what were you smoking?
Denise Kemal: cigarettes.
Dusek: all right. mr. dusek: I think she was pointing to the lower right-hand corner. by mr. dusek:
Dusek: did i say that right? the table you were pointing to, --
Denise Kemal: if i'm turning this way, it's the lower left-hand corner for me. it's right there.
Dusek: on the photograph as we look at it, it's on the right-hand side?
Denise Kemal: it's on the left-hand side. this table right here. down here. if i'm facing this way, --
Feldman: your honor, for the record, --
The witness: i'm pointing to it.
mr. dusek: can you circle it.
The court: let's all stop. bob's got enough gray hair. he isn't going to survive three of you talking at the same time.
ma'am, you are going to approach the diagram, and he is going to give you something to mark with it, and we will get this all straightened away. by mr. dusek:
Dusek: i have given you the red felt pen. go circle the table you were at if you would.
Denise Kemal: (the witness complied.) Dusek: it's on the lower left-hand corner. thank you.
Denise Kemal: thank you.
Dusek: describe how you folks gathered up and left Dad's.
Denise Kemal: after they called last call, we said okay, let's leave. barb and i were still smoking our cigarettes, so Brenda said she would go get the car and bring it around.
Dusek: did you invite anybody back to the Van Dam home?
Denise Kemal: no.
Dusek: did you hear anybody else in your group invite anyone back to the Van Dam --
Feldman: objection. calls for hearsay.
The witness: no.
The court: overruled the answer was no.
Dusek: describe what happened when Brenda got her car up to where you guys were.
Denise Kemal: she waved for us to come out through the window. we came out, and we left.
Dusek: did you go immediately home?
Denise Kemal: we had to turn around shortly after we left to go back because Barbara forgot her cigarettes.
Dusek: did you do that then?
Denise Kemal: yes. we turned around and went right back.
Dusek: and after that return to Dad's, then where did you go?
Denise Kemal: to Brenda's.
Dusek: describe what happened when you got immediately to Brenda's house.
Denise Kemal: we went inside, and i believe we had to go to the bathroom, so we went in the front door, and we went directly upstairs.
Dusek: who all went back to the Van Dam home?
Denise Kemal: Brenda, Barbara, and i. and then shortly after Rich and Keith came.
Dusek: they were the two fellows from the --
Denise Kemal: right.
Dusek: -- Dad's?
do you know where they parked at the Van Dam home?
Denise Kemal: no. Dusek: when you entered the Van Dam home, do you recall if there were any lights on inside?
Denise Kemal: there had to be a light on because it wasn't pitch dark when we went in the front door. I don't recall which light it was that was on. it could have been the living room or the kitchen.
Dusek: and you did what when you entered the residence?
Denise Kemal: we came in, and we went directly upstairs.
Dusek: who's we?
Denise Kemal: Brenda, me, and Barbara.
Dusek: what happened upstairs?
Denise Kemal: we went straight upstairs into Brenda's bedroom. Brenda and i went to the left and went to the bathroom one at a time. and Barbara went over to the bed.
Dusek: did you see what she did over there?
Denise Kemal: she just laid across it and was talking to Damon .
Dusek: after you and Brenda completed your bathroom duties, where did you go?
Denise Kemal: downstairs.
Dusek: what happened to Barbara?
Denise Kemal: she stayed up there.
Dusek: did you actually see her?
Denise Kemal: yes.
Dusek: was she under the covers or on top?
Denise Kemal: on top.
Dusek: what happened when you got downstairs?
Denise Kemal: went into the kitchen to get pizza. i started heating the pizza up. and -- oh, no. i'm sorry. we went downstairs, and Brenda said the light was on. one of the doors was open.
Dusek: what light?
Denise Kemal: so we started looking around, and we went right into the garage.
Dusek: who's we?
Denise Kemal: Brenda and i.
Dusek: what did you see in the garage?
Denise Kemal: the side door was open.
Dusek: who had last used that side door as far as you knew?
Denise Kemal: i did.
Dusek: and how open was it?
Denise Kemal: it was wide open.
Dusek: what did you do?
Denise Kemal: closed it.
Dusek: do you know if you locked it at that point or either you --
Denise Kemal: I think Brenda did.
Dusek: then what?
Denise Kemal: we went into the kitchen and started heating up the pizza. Dusek: whose idea was it to get the food?
Denise Kemal: me.
Dusek: why?
Denise Kemal: I was hungry. i knew i needed to eat or i might have been sick. so i wanted to eat and leave, which is exactly what i did, --
Dusek: what kind --
Denise Kemal: -- heated the pizza. i ate it, and we left.
Dusek: what kind of food was available?
Denise Kemal: pizza.
Dusek: and who warmed it up?
Denise Kemal: i did.
Dusek: where did you guys eat it?
Denise Kemal: i warmed up two pieces, and i gave it to Rich and Keith who were sitting in the living room. and then i went in and heated mine up. and then we ate in the kitchen.
Dusek: who all ate in the kitchen?
Denise Kemal: Rich, Keith , me and Brenda and Barbara and Damon .
Dusek: how was it or when was it that Barbara and Damon came downstairs?
Denise Kemal: shortly after i -- i recall seeing him when we were in the garage to close the door. i remember turning around and seeing Damon standing in the doorway there to the house. it was shortly after we came downstairs. it was right after we came downstairs.
Dusek: was he with you when you guys were eating the pizza?
Denise Kemal: I don't recall seeing him there, but i am sure that he was. i just --
mr. Boyce: objection. speculation.
The court: sustained at this point.
The witness: i ate --
The court: ma'am, when you hear the word objection, that's my cue to get involved. you don't need to go any further. next question.
Dusek: were any beverages being served with the food?
Denise Kemal: no.
Dusek: did you have anything to drink?
Denise Kemal: no.
Dusek: did you see anybody else drink anything in the house?
Denise Kemal: no.
Dusek: how long would you say you guys were eating the food?
Denise Kemal: we were there about a total of twenty minutes, and we left.
Dusek: how did it come about that you left?
Denise Kemal: i said let's go. i wanted to go home.
Dusek: who did you say that to?
Denise Kemal: Barbara.
Dusek: what happened once you told her?
Denise Kemal: she said okay. i said i want to eat and leave. i want to eat and run.
Dusek: did you?
Denise Kemal: yeah.
Dusek: anybody walk you to the door?
Denise Kemal: Brenda walked us to the door.
Dusek: and then who left with you?
Denise Kemal: Barbara.
Dusek: when you left that house, did you take Danielle with you?
Denise Kemal: no, i did not.
Dusek: did Barbara take her with you?
Denise Kemal: no.
Dusek: from their house where did you go, ma'am?
Denise Kemal: home.
Dusek: which is Tierrasanta?
Denise Kemal: m-hm.
Dusek: is that a yes?
Denise Kemal: yes, it is.
Dusek: do you know what time you got home?
Denise Kemal: it was 2:36 'cause i looked specifically at barb's clock in her car when we pulled in. it said 2:36.
Dusek: where did you go once you got out of her car?
Denise Kemal: i went into my house, and she went into hers.
Dusek: when was the next time -- back at the Van Dam residence when you were having the pizza, do you recall the dog being around?
Denise Kemal: I don't.
Dusek: when did you become aware that something had happened at the Van Dam home?
Denise Kemal: the following day.
Feldman: objection. assumes facts not in evidence.
The court: overruled.
Dusek: about what time the next day, ma'am?
Denise Kemal: early afternoon.
Dusek: how did you become aware?
Denise Kemal: Damon called and told me Danielle was missing and the detectives were there and wanted to talk to me about the side door.
Dusek: so what did you do?
Denise Kemal: i went directly over there.
Dusek: are you able to estimate, if at all, about what time you arrived back at their neighborhood?
Denise Kemal: maybe around 2:30, 3:00. I don't recall.
Dusek: were you keeping --
Denise Kemal: i shortly went to give a statement, so it would be just prior to starting that statement at the station.
Dusek: do you recall where you parked?
Denise Kemal: yes. we parked up the street because they had it barricaded off so --
Dusek: when you --
Denise Kemal: -- we parked up the road.
Dusek: when you say we, who are you talking about?
Denise Kemal: andy and I.
Dusek: were you married at the time or separated?
Denise Kemal: separated, but. . .
Dusek: who drove back, you or andy?
Denise Kemal: andy was driving.
Dusek: when you parked, did you have to go by the Westerfield residence?
Denise Kemal: yes.
Dusek: did you see anybody there?
Denise Kemal: yes. as I was walking down the street to Brenda's, i saw Dave standing across the street from his house on the sidewalk. and he said hey. and i said hey. and he said i can't believe what happened. i said yeah, i know. i'm going there now. and he said, well, i left at 9:00 o'clock. and i kind of walked down the street, kind of like in a curve, and then kept walking. i didn't stop. i just kind of talked as I was walking.
Dusek: he said he had left at 9:00 o'clock?
Denise Kemal: m-hm.
Dusek: is that a yes?
Denise Kemal: yes.
Dusek: about what time did you last see him at Dad's?
Denise Kemal: well, the band didn't start until 10:00. and it was after that that i noticed him standing on the -- leaning on that wall. so he couldn't have left at 9:00 o'clock.
Dusek: thank you, ma'am. I have no further questions.
Denise Kemal cross-examination