"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 , US Code) - July 2002 P. Montgomery
Keith Stone cross-examination - based on transcript of June 10th, 2002
Boyce: when you spoke with the officers, they told you it was important that they know everybody that was in the house that night.
Keith Stone: yes, sir.
Boyce: and they asked you many of the same questions mr. Dusek just asked you, right?
Keith Stone: yeah. I mean not verbatim, but they did ask me questions, yes, about that incident.
Boyce: the same areas of interest.
Keith Stone: yes, sir.
Boyce: the night that you went to Dad's, you went with Rich Brady who is your ex-brother-in-law.
Keith Stone: yes.
Boyce: got your names right this time. I called him you and. . so who drove?
Keith Stone: I did.
Boyce: you both live in the Sabre Springs area, is that right?
Keith Stone: yes, that's correct.
Boyce: same area that the Van Dams live in.
Keith Stone: yes.
Boyce: when you got to Dad's bar that night, it was about 9:00 o'clock.
Keith Stone: I would say it was a little bit later than 9:00 o'clock. more like 9:30. 9:20.
Boyce: when you got there, the place was pretty crowded.
Keith Stone: yes.
Boyce: a lot of people in the bar area.
Keith Stone: yes.
Boyce: and you saw Brenda who you knew from before.
Keith Stone: that's correct.
Boyce: you had never met her friends Barbara and Denise.
Keith Stone: I had not.
Boyce: referring to exhibit 31, the area that I believe you told us you were in is -- was this the area first approached when you entered the bar?
Keith Stone: no. that's not.
Boyce: okay. where -- can you indicate, please, where it was.
Keith Stone: when we first approached the bar, we approached right about here at the end of the bar.
Boyce: so your recollection is you went up to the right, facing the photograph it's the right corner of the bar.
Keith Stone: yes, sir, that's correct.
Boyce: and that's where you saw Brenda and her friends.
Keith Stone: I saw Brenda and her friends. they were here. here and here. these two seats, and I believe there might have been another seat. I don't know if this is the same setup. and we approached the bar actually to the right of them. so closer to this corner.
Boyce: were they seated or standing?
Keith Stone: they were seated. and again I don't know if -- they were sitting at the bar, but I don't know if there was a third seat in the middle and who was sitting where to be quite honest.
Boyce: and you just indicated a bit ago that they were seated, you indicated the middle of the bar.
Keith Stone: yes.
Boyce: they were in the middle of the bar.
Keith Stone: yes, that's correct.
Boyce: Brenda introduced you to her neighbor.
Keith Stone: yes, she did.
Boyce: David Westerfield.
Keith Stone: yes.
Boyce: where was he at the bar?
Keith Stone: during the introduction?
Boyce: yeah.
Keith Stone: he was in this area here somewhere. again, one of these two seats. I believe it was this one.
Boyce: you're pointing to the --
Keith Stone: I believe it was this seat that he was seated in, but he could have been in this seat. but I believe it was this one.
Boyce: you're pointing to the two seats that are towards the left corner of the bar.
Keith Stone: that's correct.
Boyce: next to the area where you said Brenda and her friends were.
Keith Stone: yes.
Boyce: I believe you told us it was about within the first hour that you were there that Brenda introduced you to mr. Westerfield. is that right?
Keith Stone: that's correct.
Boyce: how long did you remain in that area before you moved to another area of the bar?
Keith Stone: when we first came into the bar? I'm not sure i understand what time frame you're talking about.
Boyce:the time frame in which you saw Brenda and her friends and mr. Westerfield at the bar, how long were you in that area?
Keith Stone: five -- five or ten minutes probably. no longer than that.
Boyce: the -- Brenda and her friends were floating around the bar I believe you described it.
Keith Stone: floating?
Boyce: when you were interviewed by the detective, did you describe them as floating around?
Keith Stone: yeah. I mean there was music going on, people were dancing, they were -- again when we came to the bar, they were actually sitting, but i guess what I mean by floating was that they were not stable and standing in one place at any given time.
Boyce: a lot of dancing going on.
Keith Stone: yes.
Boyce: in your observation, everybody had had a couple drinks.
Keith Stone: in my observation, yes, that's correct.
Boyce: and then at some point you also joined in the dancing.
Keith Stone: yes, I did.
Boyce: you danced a lot with Brenda.
Keith Stone: yeah. I would say I danced with her half a dozen times.
Boyce: and also with Barbara.
Keith Stone: one time.
Boyce: and the girls, meaning Barbara and Brenda and Denise, were very straightforward with their sexual innuendos.
mr. Dusek: objection. vague.
The court: sustained. rephrase.
Boyce: did you tell the police that --
mr. Dusek: objection. hearsay.
The court: I haven't heard the question yet.
Boyce: -- that they were very straightforward with sexual comments?
The court: overruled. you can answer.
The witness: did I tell the police -- can you ask the question again? I'm not sure i understand that.
Boyce: when you were interviewed, did you tell the police officer that the girls, they were very straightforward with their sexual -- you used the word innuendos.
Keith Stone: I don't believe I was referring to all of the girls.
Boyce: you were referring to Brenda?
Keith Stone: no. I wasn't.
Boyce: who were you referring to?
Keith Stone: Barbara.
Boyce: didn't you tell a police officer when you were interviewed that "Brenda made a comment to me last night at the bar, it wasn't really a direct, you know, hey, what about it. I said you know what, you're a married woman. I'm not interested"?
Keith Stone: yes. I did say that.
Boyce: and that was to Brenda, is that right?
Keith Stone: that's correct.
Boyce: and that was to a comment that she had made to you.
Keith Stone: that's correct.
Boyce: and you made that comment or you told the police about that comment after you said there's always these little innuendos, is that correct?
Keith Stone: I reviewed my statement, and I believe that what was said on that statement is not complete. in other words, it's broken up. when I reviewed it, that statement did not make sense. I don't think the whole thing was transcribed correctly.
Boyce: whatever Brenda said to you, though, it brought out the comment from you that you know what, you're a married woman. I'm not interested.
Keith Stone: that's correct.
Boyce: your attraction that night was with Barbara.
Keith Stone: yes.
Boyce: and at some point during the evening, towards closing, you told Brenda that you had taken a pill.
Keith Stone: I never told Brenda I had taken a pill.
Boyce: so if she told this jury --
mr. Dusek: objection, your honor. improper.
The court: the way it's coming out is argumentative. sustained.
Boyce: did you tell Brenda that you were hyper that night?
Keith Stone: no, I did not.
Boyce: did you tell Brenda that you were excited that night?
Keith Stone: excited?
Boyce: yes.
Keith Stone: sexually excited?
Boyce: yes.
Keith Stone: no, I did not.
Boyce: you don't recall telling Brenda that you were sexually excited because you took the little pill?
Keith Stone: I did not tell Brenda that i took a little pill. so I do recall that, sir, and I did not say that.
Boyce: you didn't tell Brenda that she had to make it happen with Barbara and you that night?
Keith Stone: I don't recall.
Boyce: you don't recall that Brenda then told you, invited you back to her house and maybe you could hook up with Barbara?
Keith Stone: no.
Boyce: that didn't happen?
Keith Stone: did what not happen?
Boyce: that Brenda told you that you could come back to her house and maybe hook up with Barbara.
Keith Stone: no. that did not occur. that did not -- that conversation did not take place.
Boyce: your recollection is the bar closed, and at some point Rich Brady said let's go back to Brenda's house.
Keith Stone: that's correct.
Boyce: Rich Brady said you were invited back to Brenda's to have another beer or something, is that right?
Keith Stone: I don't know. I'm not sure what he told you.
Boyce: not me. did he tell you that?
Keith Stone: he said we were going up to the Van Dams'.
Boyce: did he tell you the reason that you were going back to the Van Dams' was to have another beer or something?
Keith Stone: he did not say that. no, sir.
Boyce: do you recall telling the police that after the bar closed that Rich and Brenda had talked about going back to Brenda's house, have another beer or something, so we got, inaudible, my car?
Keith Stone: yeah. I do recall that statement. and as i explained to you before, I believe that's transcribed incorrectly. mr. Brady did tell me we were going to the Van Dams'. and i expressed to the officer that i assumed we were going up there to have another beer.
Boyce: when you say it was transcribed incorrectly, you've been shown a transcript before of your testimony.
Keith Stone: that's correct.
Boyce: you were shown this transcript by mr. Dusek?
Keith Stone: that's correct.
Boyce: was that today that you were shown the transcript?
Keith Stone: yes.
Boyce: were you asked to read the entire transcript?
Keith Stone: no. it was just handed to me. actually not by mr. Dusek but by mr. Reich.
Boyce: you didn't read the entire transcript.
Keith Stone: no, I did not.
Boyce: certain areas in the transcript were pointed out to you by mr. Reich.
Keith Stone: no, they were not.
Boyce: how did you know which parts of the transcript to read?
Keith Stone: you're referring to a specific statement in there, and that's not what was said.
Boyce: but you recall reading that statement in the transcript.
Keith Stone: if that's the statement we're talking about, that's correct, yes.
Boyce: and you say you didn't read the entire transcript of your statement to that particular officer, is that correct?
Keith Stone: no, that's not correct. I did.
Boyce: you did read the entire --
Keith Stone: yes, I did.
Boyce: and this was after it was given to you by mr. Reich.
Keith Stone: that transcript has been in my possession before mr. Reich gave that to me.
Boyce: who gave you the transcript?
Keith Stone: it was given to me by the district attorney's office.
Boyce: how long ago?
Keith Stone: I don't remember. a week maybe.
Boyce: and were you told to review the transcript?
Keith Stone: yes.
Boyce: because you were going to be testifying in this case.
Keith Stone: absolutely.
Boyce: how many times have you met with mr. Dusek?
Keith Stone: I met mr. Dusek for the first time today.
Boyce: what about -- well, -- and you had met other people from the district attorney's office, is that right?
Keith Stone: I met mr. Reich this morning.
Boyce: and you -- other than mr. Reich and mr. Dusek, who else have you met in relation to this case from the district attorney's office?
Keith Stone: nobody.
Boyce: well, somebody gave you this transcript a while ago, right?
Keith Stone: yes.
Boyce: from the district attorney's office.
Keith Stone: yes.
Boyce: and who was that?
Keith Stone: I don't know. it was given -- it was mailed to me.
Boyce: no one told you you were going to be receiving this transcript?
Keith Stone: no. as a matter of fact, I didn't expect it at all.
Boyce: was there a letter accompanying the transcript?
Keith Stone: I don't believe so.
Boyce: so you have no idea who mailed you this transcript, just it what, came in an envelope from the district attorney's office?
Keith Stone: that's correct.
Boyce: did you receive any other reports from the district attorney's office to review?
Keith Stone: I received two documents. actually i take that back. three documents. two transcriptions of the same interview and another interview.
Boyce: did they all arrive together?
Keith Stone: yes, they did.
Boyce: and you had no instructions or no conversations regarding these transcripts with the district attorney's office until you met mr. Reich.
Keith Stone: that's correct.
Boyce: when you arrived back at the Van Dams' house that night after leaving Dad's bar, you don't recall what appeared to be an alarm light, a red alarm light, on anywhere in the house.
Keith Stone: no, sir, I did not.
Boyce: you don't recall any discussion about an alarm light being on.
Keith Stone: no, I did not.
Boyce: do you recall any discussion about any doors being open?
Keith Stone: no.
Boyce: you don't recall anyone, any of the girls or anyone else, closing a garage door inside the garage.
Keith Stone: no.
Boyce: when you first entered the house, I believe you told us that Barbara went upstairs.
Keith Stone: that's correct.
Boyce: Brenda and Denise were in the kitchen.
Keith Stone: yes. that's correct.
Boyce: at some point did you go to the kitchen to eat pizza?
Keith Stone: yes, I did.
Boyce: and that's when you saw the dog.
Keith Stone: the dog appeared. we were sitting at the kitchen table, and the dog appeared. I believe, and that he may have -- he, she, the dog may have come down with Damon.
Boyce: and you described the dog I think as a nuisance that night?
Keith Stone: it was a pain in the rear end, yes.
Boyce: and when Damon came down, he didn't appear to be too happy to see you and Rich Brady.
Keith Stone: well, again, I think if you are referring to my transcript, i relayed to the officer that if i were to get up at 2:00 o'clock in the morning, I wouldn't be too pleased to see people at my house.
Boyce: well, not referring to the transcript, I'm referring to what your recollection is.
Keith Stone: could you ask the question again, please.
Boyce: when Damon came downstairs, he didn't appear to be too happy to see you and Rich Brady.
Keith Stone: no, that's not -- that's not really true.
Boyce: he wasn't thrilled to see you.
Keith Stone: he was surprised probably more than anything.
Boyce: he didn't appear to be -- being a bit sleepy, though, did he?
Keith Stone: in my judgment it didn't appear that he had been woken up out of a sound sleep, no.
Boyce: because you thought he was too alert to have been sleeping.
Keith Stone: his demeanor was not one of someone who had just woken up out of bed.
Boyce: you had been to the Van Dams' on other occasions.
Keith Stone: yes, I have.
Boyce: once at a Halloween party.
Keith Stone: no. once before a Halloween party. I went up with the Bradys. and i actually took my kids up there to see -- they had gone through an extravagant decoration before their Halloween party. I don't know what day it was. and we went up, and we toured their Halloween decorations.
Boyce: and you were there another time in the garage with Rich and Damon, is that right?
Keith Stone: yeah. it was some time months prior. we had stopped I think, Rich and I stopped there, and we had a beer with Damon in his garage.
Boyce: when the police interviewed you, they told you they were trying to get an idea of the people that were coming and going, is that right?
Keith Stone: that's correct.
Boyce: and they asked you generally the same questions that have been asked of you here today.
Keith Stone: more or less, yes.
Boyce: and that's because they was trying to solve the disappearance of Danielle Van Dam, weren't they?
Keith Stone: that's correct.
(discussion off the record between mr. Boyce and mr. Feldman.)
Boyce: at one point during the interviews that you had with the police, they told you that somebody came into the house --
mr. Dusek: objection. hearsay.
The court: sustained.
Boyce: well, when you were interviewed, you told the police that: let me tell you one more thing. they had a dog. why didn't it bark.
mr. Dusek: objection. that's speculation.
The court: overruled. did you tell them that? you can answer that yes or no.
The witness: yes, I did.
Boyce: and then later on you said every dog i've ever heard would bark.
Keith Stone: it was a very informal conversation I was having with the detective. and, yeah, I did say that. that's correct. that's what I said to the detective.
Boyce: since you made that statement, did you have a conversation with anybody about -- from the district attorney's office regarding that dog?
Keith Stone: no. I have not.
Boyce: or anyone else?
Keith Stone: no, sir. I have not.
Boyce: after reviewing the transcript, did you tell anyone that the transcript was not accurate?
Keith Stone: no.
Boyce: you didn't tell mr. Reich that the transcript was not accurate?
Keith Stone: no, sir, I did not.
Boyce: you didn't tell mr. Dusek the transcript was not accurate?
Keith Stone: no, sir, I did not.
mr. Boyce: I don't have anything further.
The court: anything further, mr. Dusek?
redirect examination by mr. Dusek:
Dusek: describe for us what happened when you showed up today and who you met with.
Keith Stone: I met with mr. Reich. he handed me a package. and it was verbatim the same transcripts I had received earlier. and i sat with mr. Dusek in his office. we talked for five minutes, and that was the end of that.
Dusek: when you first showed up here, you went to the reception area.
Keith Stone: yes, I did.
Dusek: that's where mr. Reich greeted you.
Keith Stone: that's correct.
Dusek: and you got here a little late this morning.
Keith Stone: yes. traffic. sorry.
Dusek: so we didn't get much of a chance to talk.
Keith Stone: that's correct.
mr. Feldman: objection. argumentative and assumes facts not in evidence and is leading.
The court: overruled. overruled. overruled.
mr. Feldman: thank you.
The court: next question.
mr. Feldman: thank you. thank you.
Dusek: there were questions asked about a time you were in the garage with Damon having a beer. do you recall that?
Keith Stone: yes.
Dusek: about how long ago was that?
Keith Stone: over six months ago.
Dusek: do you recall what you were doing out there?
Keith Stone: having a beer, looking at a set of golf clubs that he had that were very antique. and that's about it.
Dusek: is there a dartboard out there?
Keith Stone: I don't -- I don't -- I don't know.
Dusek: did you guys smoke any dope out there?
Keith Stone: no, sir.
Dusek: the reasons that you understood for going back to the Van Dam residence from the bar, from Dad's.
Keith Stone: my reason?
Dusek: your understanding.
Keith Stone: my understanding we were going to -- my understanding was that quite possibly we were going to have a nightcap, a beer, a drink.
Dusek: who had told you that or did you assume that from something?
Keith Stone: I assumed that when mr. Brady mentioned to me that we were going to the Van Dams'.
Dusek: did he give you any details of what was going to happen back at the Van Dams'?
Keith Stone: no, he did not.
mr. Dusek: thank you, sir.
The court: all right. anything further, mr. Boyce?
mr. Boyce: no, your honor.
The court: is this witness to be excused?
mr. Dusek: yes.
The court: or subject to recall?
mr. Dusek: excused.
The court: mr. Boyce?
just a minute.
mr. Boyce: just a moment, your honor.
The witness: sorry.
The court: I know you're trying to get away.
mr. Boyce: no objection, your honor.
The court: all right. mr. Stone, your time with us is done. you are free from your subpoena. I just want to remind you you're still under a court order not to discuss your testimony with any persons until this matter is concluded.
The witness: thank you.
The court: all right.