"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's testimony - based on transcript of June 10th, 2002
Dusek: what type of work do you do, mr. Stone?
Keith Stone: I'm a senior project manager for a local general contractor.
Dusek: what do you build?
Keith Stone: commercial applications.
Dusek: how long have you been doing that type of work?
Keith Stone: twelve years.
Dusek: married or single?
Keith Stone: single.
Dusek: how long have you been single?
Keith Stone: about six years.
Dusek: are you divorced?
Keith Stone: divorced, yes.
Dusek: do you know Rich Brady who just left?
Keith Stone: yes, I do.
Dusek: how do you know him?
Keith Stone: his wife is my ex-wife's sister.
Dusek: all right.
Keith Stone: he's my ex-brother-in-law.
Dusek: so your wife and his wife were sisters?
Keith Stone: they still are.
Dusek: you're ready, aren't you? I would like to direct your attention back to February 1st of the year 2002. where were you living at that time?
Keith Stone: in Sabre Springs.
Dusek: how far from Rich Brady?
Keith Stone: about a mile, mile and a half. no. probably about a mile. I'm sorry. about a mile.
Dusek: did you know the Van Dam family?
Keith Stone: yes, I do.
Dusek: how far were you living from their house?
Keith Stone: a couple miles.
Dusek: on that date did you and Rich Brady decide to go somewhere?
Keith Stone: yes.
Dusek: where did you decide to go?
Keith Stone: that date being February 1st?
Dusek: February 1st of 2002.
Keith Stone: we decided to go down to Dad's cafe to listen to a friend of mine play in a band.
Dusek: who's the friend?
Keith Stone: his name is Chris.
Dusek: do you know the name of the band?
Keith Stone: f/x.
Dusek: can you spell it for --
Keith Stone: f/x.
Dusek: okay. how did you know the band member?
Keith Stone: he's a business associate of mine.
Dusek: how did you know they were going to play at Dad's?
Keith Stone: he invited me about a week ago, about a week before that to come down and listen to him play.
Dusek: had you ever heard him play before?
Keith Stone: yes, I have.
Dusek: had you been to Dad's before?
Keith Stone: yes, I have.
Dusek: about how many times?
Keith Stone: a couple.
Dusek: for what?
Keith Stone: i play softball on tuesday evenings in Poway, and I would go to Dad's and stop and have a beer. I think I did that on two occasions.
Dusek: had you ever eaten there?
Keith Stone: no.
Dusek: how do you make contact with Rich Brady so you could go to Dad's on this occasion?
Keith Stone: well, I think early that week I asked him if he wanted to go down. i told him that a friend of mine was playing down there. and he didn't get back to me right away. I believe he told me that day that he would be able to go. so we decided to head down together.
Dusek: who drove?
Keith Stone: I did.
Dusek: from your place or from his place?
Keith Stone: from my place.
Dusek: when you got to Dad's, where did you park, do you remember?
Keith Stone: yeah. pretty well close to the front of the facility.
Dusek: tell me what happened as soon as you got there.
Keith Stone: well, we walked in. and there was a cover charge that the doorman was asking for. and i explained to him that we were both guests of the band. so they let us through.
Dusek: how much was the cover charge?
Keith Stone: I don't remember. it was a pretty significant, though. I would say six or seven dollars.
Dusek: so you were able to beat that?
Keith Stone: yes.
Dusek: when you got inside, what did you do?
Keith Stone: headed towards the bar. we were thirsty.
Dusek: did you see anybody inside that you recognized?
Keith Stone: yes, I did.
Dusek: who?
Keith Stone: Brenda Van Dam.
Dusek: did you know she was going to be there?
Keith Stone: no.
Dusek: had you made any prior arrangements for her or any of her friends to meet up there?
Keith Stone: no.
Dusek: where were they?
Keith Stone: they were at the bar.
Dusek: were they with anyone? was she with anyone?
Keith Stone: she was with two of her friends.
Dusek: did you know their names?
Keith Stone: Denise and Barbara.
Dusek: did you just meet them that day or had you known them in prior times?
Keith Stone: met them that evening.
Dusek: what were they doing?
Keith Stone: sitting at the bar having a drink.
Dusek: did you see anybody else there that you knew?
Keith Stone: no.
Dusek: did you know at that time an individual by the name of David Westerfield?
Keith Stone: when we first arrived at the bar?
Dusek: yes.
Keith Stone: no, I did not.
Dusek: were you introduced to someone with that name?
Keith Stone: yes, I was.
Dusek: how quickly?
Keith Stone: within an hour.
Dusek: who introduced you?
Keith Stone: Brenda.
Dusek: do you recall what she said?
Keith Stone: yeah. we were back up at the bar, and she said this is David, my neighbor. and she introduced me to him.
Dusek: do you see him in court today?
Keith Stone: yes, I do.
Dusek: would you point him out, please, and describe what he's wearing today.
Keith Stone: he's got a gray jacket on, white shirt, purple tie.
The court: the record will show identification.
Dusek: did the defendant appear to be with anyone at Dad's?
Keith Stone: there were two other gentlemen sitting at the bar with him.
Dusek: did you get their names?
Keith Stone: I did not.
Dusek: were you introduced to them?
Keith Stone: no, I was not.
Dusek: what part of the bar were they at?
Keith Stone: corner of the bar.
Dusek: let me have you look at our pictures behind you. court's exhibit 33 labeled at the top "Dad's cafe and steakhouse." the top photograph, do you recognize what that depicts?
The court: counsel, let me interrupt. I don't think it's 33.
mr. Dusek: it's 31.
The court: okay.
Dusek: the top photograph on 31, photograph a, what does that show us, sir?
Keith Stone: the exterior looks like -- I think that fronts Poway road of Dad's.
Dusek: photograph b, what is that showing us?
Keith Stone: the interior of the bar and the dance floor.
Dusek: do you see the area where you saw Brenda Van Dam and her two friends?
Keith Stone: yes, I do.
Dusek: could you point it out, please, with the pointer.
Keith Stone: they were sitting right here.
Dusek: you've indicated at the far corner of the bar on photograph b.
Keith Stone: yeah. about three or four seats in from the corner.
Dusek: and where was the defendant?
Keith Stone: I'm not exactly sure, but I believe he was either here or here. I believe it was here, though.
Dusek: and where you say you believe here would be the first seat to the right of the corner of the bar closest to the cameraman.
Keith Stone: yes, sir.
Dusek: where was he when you were introduced to him?
Keith Stone: in that same position.
Dusek: did you chat with him at that point?
Keith Stone: I did not.
Dusek: what was going on after the introductions were made?
Keith Stone: I just went back up to the bar. I think i ordered a beer. and i headed back to play some pool.
Dusek: did you go back there with anyone?
Keith Stone: no, I did not.
Dusek: did you play pool?
Keith Stone: yes.
Dusek: with whom?
Keith Stone: just the group of people. there was a system there at the bar that allows you to put quarters on the bar and just play like a round-robin-type tournament.
Dusek: did you actually play?
Keith Stone: yes, I did.
Dusek: like with strangers?
Keith Stone: yeah.
Dusek: let me direct your attention back to exhibit 31. do you see the area where the pool tables are set up?
Keith Stone: yes.
Dusek: which photograph?
Keith Stone: right here.
Dusek: photograph d?
Keith Stone: yes, sir.
Dusek: where was Rich Brady at the time you went back there to play pool?
Keith Stone: I'm not really sure. he didn't play. I don't know.
Dusek: how about the ladies, Brenda Van Dam and her two friends; did they go with you at that point?
Keith Stone: later on they did. actually just Barbara did. not Brenda and her friend. her other friend.
Dusek: what was your interest in Barbara that evening?
Keith Stone: it was an interest. I had -- there was some bantering going on between us.
Dusek: all right. did you play pool with anybody out of that bunch?
Keith Stone: yes, I did.
Dusek: who?
Keith Stone: Barbara.
Dusek: was there anybody else playing on your table?
Keith Stone: no.
Dusek: do you know who was playing on the other table?
Keith Stone: well, when we looked over, when Barbara and I were playing, Brenda and Denise were also playing over there.
Dusek: were they playing with anyone?
Keith Stone: yes, they were.
Dusek: who?
Keith Stone: I don't know.
Dusek: you never were introduced to those people?
Keith Stone: no, sir.
Dusek: estimate for us about how long you guys were playing pool.
Keith Stone: I would say probably half-hour.
Dusek: how many games?
Keith Stone: two or three.
Dusek: the entire time that you played, you were playing with Barbara?
Keith Stone: yes.
Dusek: any drinking going on during that time?
Keith Stone: yes.
Dusek: what were you drinking?
Keith Stone: I was drinking beer.
Dusek: do you know what Barbara was drinking?
Keith Stone: I wasn't paying attention to what she was drinking at least.
Dusek: the defendant, did you see him around while you were playing pool?
Keith Stone: no, I did not.
Dusek: were you paying attention to anybody else that was hanging around at that time?
Keith Stone: no, I wasn't.
Dusek: do you know where your friend Rich Brady was while you were playing pool?
Keith Stone: well, I saw him talking to the owner of Dad's at one time, but it's not a big place, but a lot of loud music and, you know, wasn't really focusing in on that particular event.
Dusek: do you know the name of the owner?
Keith Stone: I believe his name is Pat. I don't know his last name.
Dusek: when you were playing pool, do you know if the band had started yet?
Keith Stone: yes, they did.
Dusek: were you involved with the band at all at that point?
Keith Stone: I'm not sure i understand your question.
Dusek: paying attention, listening to them, watching your friend, that type of thing.
Keith Stone: no. we were still in the other room, the pool room. but the music was definitely -- could be heard in that room as well.
Dusek: do you recall any minors in the pool area?
Keith Stone: when I was back there, there were two young ladies that were playing pool or wanted to get on the pool table. and it was approaching i'd say 10:00 o'clock. and they were told by the bouncer that they had to leave. so I believe they were there previously.
Dusek: and when you say young ladies or young girls, --
Keith Stone: I would assume that they were under twenty-one, but i couldn't really tell. twenty, nineteen, twenty, somewhere in that range.
Dusek: not in the seven, eight, or nine range.
Keith Stone: no, sir.
Dusek: what happened when you were done playing pool?
Keith Stone: we headed towards the front of the bar. the front of the bar being the bar area and the dance area.
Dusek: and did what?
Keith Stone: started dancing.
Dusek: who were you dancing with?
Keith Stone: I asked Barbara one time if she wanted to dance. we danced. there was another lady in the bar. I don't know her name. I danced with her a few times.
Dusek: did you dance with anyone else?
Keith Stone: I danced with Brenda that evening.
Dusek: how about Denise?
Keith Stone: I did not dance with Denise.
Dusek: did you dance with any other of the Patrons of the Dad's?
Keith Stone: I believe I danced with one of the band members', either his wife or his girlfriend, one time.
Dusek: did you see mr. Westerfield, the defendant, in the Dad's at that point?
Keith Stone: did I see him --
Dusek: was he still there at that point as far as you --
Keith Stone: I didn't notice.
Dusek: why not?
Keith Stone: I wasn't paying attention.
Dusek: did you see Brenda dance with anyone?
Keith Stone: I saw Brenda dance with Rich Brady, and I don't recollect anything, any other person.
Dusek: how full was the dance floor?
Keith Stone: packed.
Dusek: were girls dancing with girls at some point?
Keith Stone: I didn't really notice.
Dusek: did there come a time that evening, sir, when you went outside?
Keith Stone: yes.
Dusek: about when was that in the sequence of events?
Keith Stone: roughly about 10:30 to 11:00 o'clock.
Dusek: and when was that in relation to getting there, playing pool, and dancing?
Keith Stone: getting there early in the evening, about 9:30, playing pool, 9:30 to 10:15, again these are real rough estimates. going outside about 10:30, 11:00 o'clock.
Dusek: how did you know folks were going outside?
Keith Stone: mr. Brady mentioned that the ladies were going out to the car. I still had an interest in Barbara. i decided to get some air. it was real hot inside the bar.
Dusek: where did you go?
Keith Stone: we went out to Brenda's vehicle.
Dusek: where was that parked?
Keith Stone: towards the rear of the restaurant.
Dusek: and do you remember the type of vehicle?
Keith Stone: it was either an excursion or an expedition. that's a larger ford s.u.v.
Dusek: where were the three females located?
Keith Stone: Brenda was in the driver's side. Denise was in the middle. and Barbara was on the passenger side.
Dusek: what was going on inside the vehicle?
Keith Stone: they had music blaring. there may have been some pot smoking.
Dusek: did you smoke any?
Keith Stone: I did not.
Dusek: what makes you think there may have been?
Keith Stone: well, when we got out there, there was the smell.
Dusek: could you tell who was smoking it?
Keith Stone: no, i couldn't.
Dusek: where were you?
Keith Stone: on the driver -- excuse me -- on the passenger side.
Dusek: and who was seated on the passenger side in the vehicle?
Keith Stone: Barbara.
Dusek: what was going on over there?
Keith Stone: more banter, more of the same.
Dusek: did you do any kissing over there?
Keith Stone: a little bit.
Dusek: how little?
Keith Stone: very little.
Dusek: what do you mean by little?
Keith Stone: one or two kisses.
Dusek: anything else going on out there?
Keith Stone: no, sir.
Dusek: how long would you say you stayed out there?
Keith Stone: five to ten minutes maximum.
Dusek: how did it break up?
Keith Stone: we just -- I'm not really sure. we just decided to go back into the bar.
Dusek: when you went back inside, what did you do?
Keith Stone: continued to dance.
Dusek: how long would you say you were there that evening, mr. Stone?
Keith Stone: in hours or just -- we were there until the end of the evening.
Dusek: how many hours would you estimate?
Keith Stone: from 9:30 to 1:30. so that's about five hours, four hours.
Dusek: how much would you say you had to drink?
Keith Stone: I had about four or five drinks.
Dusek: what type?
Keith Stone: beer and mixed drink, cocktails.
Dusek: do you recall the mixed drink that you were drinking?
Keith Stone: yeah. I was drinking kind of a little blend of korbel gold and margarita mix. and it was made into a shot. and i also had a shot of jack daniels.
Dusek: who bought?
Keith Stone: mr. Nolan and the band bought me a round or us a round of drinks.
Dusek: mister --
Keith Stone: excuse me. I'm sorry.
Dusek: mr. Nolan is a member of the band?
Keith Stone: he's a member of the band, yes.
Dusek: how about the rest of the drinks?
Keith Stone: well, I was a guest of Chris that evening, so he bought a couple of drinks. and i might have bought a round, and mr. Brady might have bought a round as well.
Dusek: did any of the other group that you were with, Brenda, Denise, or Barbara, did they buy any drinks for you?
Keith Stone: no, they did not.
Dusek: did you buy any for them?
Keith Stone: I don't think so.
Dusek: how did it come that you were going to leave that evening?
Keith Stone: towards the end of the evening, last call was given about 1:30, I was talking with Chris and the band finally. I had an opportunity to talk with them, and mr. Brady approached me and said we were going to be going back to Brenda's.
Dusek: did he say why?
Keith Stone: no.
Dusek: who was driving your -- you two?
Keith Stone: I was in my vehicle. we were both in my vehicle.
Dusek: how quickly did you leave?
Keith Stone: well, I think they gave last call about 1:30. and I believe we stayed until 1:40 to 1:45.
Dusek: do you know if the defendant was still there at that time or don't you know?
Keith Stone: I don't know.
Dusek: when was the last time you remember seeing him there?
Keith Stone: at about the same time that i met him, and that was an approximated time earlier in the evening.
Dusek: when you left, where did you go?
Keith Stone: we went to Brenda and Damon Van Dam's home.
Dusek: did one follow the other?
Keith Stone: no. we pulled out of Dad's, headed west on Poway road, and about the time we came to I believe it's springhurst, the ladies were in the vehicle behind us.
Dusek: how do you know?
Keith Stone: it was 2:00 o'clock in the morning, and there weren't very many cars on the road. and actually as we were pulling back out of the bar, they were parked in another position other than where they were originally parked, so they were parked in the front of the bar, so i passed them as we were pulling out of the bar.
Dusek: at that signal there at springhurst and Poway road, what happened after the light changed?
Keith Stone: turned left up springhurst. proceeded up the hill and proceeded to the Van Dams' house.
Dusek: where did you park, do you remember?
Keith Stone: in the front at the curb.
Dusek: did you see where Brenda parked her vehicle?
Keith Stone: she -- as we pulled up to the curb, they immediately pulled into the driveway.
Dusek: what happened then?
Keith Stone: we got out of our vehicle. they got out of their vehicle, and we proceeded into the house.
Dusek: all together or were you separated?
Keith Stone: they may have gotten out of the vehicle before we did, but I would say all together. I mean it was simultaneous.
Dusek: do you recall any lights being on inside the house?
Keith Stone: no, I don't.
Dusek: that they weren't on or you just don't remember?
Keith Stone: I don't remember. I don't remember seeing any lights on.
Dusek: which door did you go in?
Keith Stone: front door.
Dusek: where did you go?
Keith Stone: I walked into the living room and sat in the chair adjacent to the kitchen.
Dusek: did you see where the other folks went?
Keith Stone: Brenda and Denise walked into the house. they walked directly into the kitchen. Barbara immediately went upstairs.
Dusek: what's the next thing you recall happening?
Keith Stone: Brenda came back out of the kitchen a couple, say two minutes, three minutes, perhaps, later and went upstairs.
Dusek: do you know what she did upstairs?
Keith Stone: no, I don't.
Dusek: did you see what Denise did?
Keith Stone: she was in the kitchen cooking pizza.
Dusek: what next do you recall?
Keith Stone: Brenda coming downstairs and Damon and Barbara coming down behind her.
Dusek: then what?
Keith Stone: we proceeded into the kitchen, sat down at the table, and ate pizza.
Dusek: describe for us your state of intoxication that evening.
Keith Stone: I would have to say that I was pretty loose towards the beginning of the evening.
Dusek: what's that mean for us?
Keith Stone: 10:00, 11:00, 12:00 o'clock, i probably was -- had more than i should have to drink.
Dusek: all right. what happened in the kitchen?
Keith Stone: we ate pizza.
Dusek: do you know where the pizza came from?
Keith Stone: no, I don't.
Dusek: who all was there eating the pizza?
Keith Stone: Damon, myself, Rich, Brenda, Barbara, Denise. I don't know if she ate pizza, though.
Dusek: was there anything to drink?
Keith Stone: no. I had nothing to drink.
Dusek: any alcohol served?
Keith Stone: no.
Dusek: do you recall if the dog was there?
Keith Stone: yes.
Dusek: how do you know?
Keith Stone: he was sitting, he or she, I'm not even sure, was jumping up on me and kind of being a little bit of a nuisance. but she calmed down or he calmed down. I'm not sure if it was a male or female dog.
Dusek: how big was the dog? how far would it come up on you?
Keith Stone: oh, probably up to my knee. maybe a little bit higher.
Dusek: were any drugs used at the house that evening?
Keith Stone: no, sir.
Dusek: did you see anybody go outside into the backyard?
Keith Stone: I did not.
Dusek: how close to the -- is there a door leading from the kitchen into the backyard?
Keith Stone: I believe there is. I believe there's a sliding glass door.
Dusek: let me show you what's been previously marked as court's exhibit 17, labeled "Van Dam residence kitchen." do you recognize what we have depicted there?
Keith Stone: yes, I do.
Dusek: photograph a shows us what?
Keith Stone: looks like the kitchen and family room.
Dusek: is that where you guys were eating?
Keith Stone: we were eating right here at this table.
Dusek: the wooden table there?
Keith Stone: yes, sir.
Dusek: on photograph a?
Keith Stone: on photograph a, yes.
Dusek: and the sliding doors to the left of the table there in the photograph, where do they lead?
Keith Stone: I would assume out on the backyard. I don't know.
Dusek: did you see anybody go out there?
Keith Stone: I did not.
Dusek: was anybody smoking in the house?
Keith Stone: I don't believe so.
Dusek: do you recall anything about an alarm light?
Keith Stone: no, I do not.
Dusek: how did the get-together come to an end there at the house?
Keith Stone: well, it was late. I think everybody was in a pretty somber and tired-like mood. and it just broke up. we ate, and everybody decided to leave.
Dusek: how long would you say you were there?
Keith Stone: twenty minutes, twenty-five at the outset.
Dusek: who left first?
Keith Stone: Barbara and Denise --
Dusek: how do you --
Keith Stone: -- left ahead of us. I'm sorry.
Dusek: how do you know they left?
Keith Stone: I watched them walk out the door.
Dusek: when they walked out the door, did they have Danielle with them?
Keith Stone: no, they did not.
Dusek: how late, how much after that did you leave?
Keith Stone: I would say less than a minute.
Dusek: how was it that you came about leaving?
Keith Stone: it was time to leave. we decided to go. that was it. we just left.
Dusek: anybody walk you out?
Keith Stone: yes.
Dusek: who did?
Keith Stone: Damon.
Dusek: did you take Danielle with you when you left the house?
Keith Stone: no, we did not.
Dusek: did you see Rich Brady take Danielle when you left the house?
Keith Stone: no, he did not.
Dusek: was there any discussion about a little pill with a v on it?
Keith Stone: there was a discussion about a sex pill.
Dusek: were you involved in that discussion?
Keith Stone: yes, I was.
Dusek: were you a part of that discussion?
Keith Stone: yes, I was.
Dusek: did you have it?
Keith Stone: no, I did not.
Dusek: were you bragging?
Keith Stone: barroom banter. it was a response to a -- it was a joking response to a conversation I was having with Barbara.
Dusek: when did you next hear that or first hear that Danielle was missing?
Keith Stone: approximately 10:00 o'clock the next morning, on the 2nd.
Dusek: how did you hear?
Keith Stone: Elizabeth Brady, Rich's wife, called me.
Dusek: did you go to the Van Dam residence at all?
Keith Stone: that morning?
Dusek: yes. that day.
Keith Stone: that day I did, yes.
Dusek: about what time did you go over there?
Keith Stone: it was in the evening. I had a meeting with one of the San Diego detectives.
Dusek: somehow the detectives had called you?
Keith Stone: yes.
Dusek: somehow they were given your name?
Keith Stone: yes.
Dusek: and when you went in, you did go and speak with the officers?
Keith Stone: yes, I did.
mr. Dusek: thank you, sir.
The court: all right.
Keith Stone cross-examination