"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
Jenny N.. Cross-examination- August 28, 2002
Mr. Feldman: when you talked to my office, was that the same weekend that you had called mr. Dusek?
Jenny: yes.
Mr. Feldman: we actually talked on the weekend?
Jenny: yes.
Mr. Feldman: i'm just going to try to go in chronological order. okay? you told mr. dusek that you had a conversation with a police officer named d. l. Williams. well, with Donna Williams. Donna Williams. do you remember that?
Jenny: yes.
Mr. Feldman: and i think you told us she called you up on the telephone. is that right?
Jenny: yes.
Mr. Feldman: and that was the first time that anybody from law enforcement had talked to you about the case, is that right?
Jenny: yes.
Mr. Feldman: when officer Williams called you up, she told you that it was important for you to be as complete as you could in telling her the truth, right?
Jenny: yes.
Mr. Feldman: and she did everything she could, as far as you could tell, to make you comfortable in talking to her, right?
Jenny: yes.
Mr. Feldman: she told you that nothing you said could hurt you, is that right?
Jenny: I don't remember if she said those exact words.
Mr. Feldman: but she did encourage you to tell the complete truth.
Jenny: yes.
Mr. Feldman: and as best you could, you didn't deliberately lie to her, did you?
Jenny: no.
Mr. Feldman: you told her the truth as best you could, is that right?
Jenny: i didn't tell her the whole truth, but i guess so.
Mr. Feldman: what you told miss Williams was that you really didn't remember in great detail what had happened, is that right?
Jenny: yes.
Mr. Feldman: now, since you talked with miss Williams, things have been coming back to you in a manner of speaking. is that right?
Jenny: yes.
Mr. Feldman: so, for instance, what you told the jury today about mr. Westerfield's shorts, that's something that's come back to you since you first started talking about the event, is that right?
Jenny: well, i remembered it back when i remembered everything else, but i didn't say anything about it to anybody except my boyfriend.
Mr. Feldman: you remember when you came to my office telling Marion and i that you had been sleeping or you woke up one morning and you started to remember some details about the color of the pants?
Jenny: i missed the question. i'm sorry.
Mr. Feldman: you remember at least being somewhat concerned about your ability to remember in detail the pants that mr. Westerfield was wearing.
Jenny: yeah.
Mr. Feldman: and do you remember telling us that you had gone to sleep one night and you had woken up the next morning and something had come to you about how it was you could remember what sort of pants he was wearing?
Jenny: yeah.
Mr. Feldman: and that occurred within the past two or three weeks, is that right?
Jenny: no. i actually did remember that the whole time. i just was too afraid to say anything to anybody.
Mr. Feldman: so when you talked with Marion the first time, did you lie to her?
Jenny: no.
Mr. Feldman: when you talked with mr. Dusek the first time, did you lie to him?
Jenny: no.
Mr. Feldman: with regard to the event, is it the case that your family was visiting with mr. Westerfield's family?
Jenny: yes.
Mr. Feldman: and at the time mr. Westerfield had two children, right?
Jenny: yes.
Mr. Feldman: these are your cousins, right?
Jenny: yes.
Mr. Feldman: Lisa and David?
Jenny: yes.
Mr. Feldman: Lisa and neal. actually it's David Neal, right?
Jenny: uh-huh.
Mr. Feldman: actually if you say uh-huh, you're supposed to say --
Jenny: yes.
Mr. Feldman: and your dad is in the courtroom today, isn't he?
Jenny: yes.
Mr. Feldman: and your mom is outside, isn't she?
Jenny: yes.
Mr. Feldman: and before you came to court just now, did you meet with mr. Dusek?
Jenny: yes.
Mr. Feldman: mr. Dusek started his questions by saying about twelve years ago. you don't have a specific memory exactly how long ago this was, do you?
Jenny: no.
Mr. Feldman: could have been thirteen years ago?
Jenny: yes.
Mr. Feldman: could have been fourteen years ago?
Jenny: yes. i guess.
Mr. Feldman: and, i'm sorry, how old are you now?
Jenny: nineteen.
Mr. Feldman: so fourteen years ago you would have been five?
Jenny: yes.
Mr. Feldman: and i think you told us that you had a sister that was in your room.
Jenny: yes.
Mr. Feldman: i'm sorry. in the room.
Jenny: yes.
Mr. Feldman: how much older are you than your sister?
Jenny: three years.
Mr. Feldman: so in the bedroom that was -- well, you and your sister and Lisa were i guess -- had gone to bed in Lisa's bedroom on the night of the party. is that right?
Jenny: yes.
Mr. Feldman: and then you went to sleep, is that right?
Jenny: yes.
Mr. Feldman: and then out of your sleep you remember mr. Westerfield having fingers in your mouth, right?
Jenny: yes.
Mr. Feldman: and then you remember him walking around a little bit, is that right?
Jenny: yes.
Mr. Feldman: and then he did it again, is that right?
Jenny: yes.
Mr. Feldman: he didn't do anything other than that, did he?
Jenny: no.
Mr. Feldman: in fact, never happened again, did it?
Jenny: no.
Mr. Feldman: he never bothered you ever again, did he?
Jenny: no.
Mr. Feldman: you never felt uncomfortable around him ever again, did you?
Jenny: no.
Mr. Feldman: when you say no, you're agreeing with me, aren't you?
Jenny: yes.
Mr. Feldman: all right. your family continued to have parties at his house, is that right?
Jenny: yes.
Mr. Feldman: you continued to socialize with the kids, with your cousins, --
Jenny: yes.
Mr. Feldman: -- is that right? and that night you did talk to your mom, the night of the event, is that right?
Jenny: yes.
Mr. Feldman: in fact, you went downstairs, is that right?
Jenny: yes.
Mr. Feldman: and you told your mom that you felt a little uncomfortable because your uncle was -- you thought he was bothering you, is that right?
Jenny: yes.
Mr. Feldman: and that was the last time you and she ever talked about it, is that right?
Jenny: yes.
Mr. Feldman: when you talked to d. l. Williams, you told her that you were five or six years old. do you remember that?
Jenny: yes.
Mr. Feldman: the picture behind you, I don't know the number, i can't see it, i'm sorry, if you could just turn, could you tell us how old you were in that picture?
Jenny: my mom and i think it's about seven.
Mr. Feldman: okay. so you would have been younger than that, than it appears in the picture, is that right?
Jenny: yes.
Mr. Feldman: so that picture does not accurately make -- depict you the way you looked when you were five.
Jenny: i guess not.
Mr. Feldman: now, one of the reasons you told us -- i'm sorry. on direct examination you talked about being uncomfortable. did you tell officer Williams that you felt uncomfortable because everyone else with the exception of your sister was downstairs?
Jenny: i felt uncomfortable because it seemed weird that he had his fingers in my mouth.
Mr. Feldman: but listen to what i'm asking you. you were interviewed by d. l. Williams.
Jenny: uh-huh. yes. sorry.
Mr. Feldman: okay. and -- i'm sorry. before you came to court were you shown copies of what you said to d. l. Williams?
Jenny: yes.
Mr. Feldman: certainly my office, do you remember being shown copies?
Jenny: yes.
Mr. Feldman: and you read it, is that right?
Jenny: yes.
Mr. Feldman: so do you remember now having told d. l. Williams that you felt uncomfortable because everyone else with the exception of your sister was downstairs?
Jenny: i guess so. I don't really remember the conversation.
Mr. Feldman: would looking at the report help you remember the conversation?
Jenny: sure.
Mr. Feldman: you'll see that we have underlined.
Jenny: (the witness read the document.) okay.
Mr. Feldman: just asking you did you have a chance to read what i just showed you.
Jenny: yes.
Mr. Feldman: and did that give you an opportunity to help you remember what you told d. l. Williams?
Jenny: yes.
Mr. Feldman: and did you tell d. l. Williams that you felt uncomfortable because everyone else with the exception of your sister was downstairs?
Jenny: yes.
Mr. Feldman: and you told d. l. Williams you don't recall anything else occurring, correct?
Jenny: yes.
Mr. Feldman: now, you told -- all right. actually you also told officer Williams that mr. Westerfield, your uncle, had never said or done anything that made you feel uncomfortable other than this one particular event. is that right?
Jenny: yes.
Mr. Feldman: your honor, before i ask the next question, i think i better ask for a sidebar.
The Court: all right. bob. (sidebar discussion, out of the hearing of the jury,
--
Mr. Feldman: you're very close to your cousins now, aren't you?
Jenny: yes.
Mr. Feldman: and you're not real comfortable being here, are you?
Jenny: no.
(discussion off the record among the defense.)
Mr. Feldman: thank you. nothing further.
The Court: all right. anything further?
redirect examination by mr. Dusek:
Mr. Dusek: Jenny, you were shown a police report to look at. do you actually remember saying those statements that are in the police report or are you just agreeing because it's written down?
Jenny: just agreeing 'cause it's written down.
Mr. Dusek: all right. there were questions asked that perhaps you were five or six when these events took place. do we have pictures of you at five and six?
Jenny: yes.
Mr. Dusek: in fact, we got some school pictures from you and your mother through a wide age range, didn't we?
Jenny: yes.
Mr. Dusek: i've had marked as court's exhibit 206 a photograph of a blond girl wearing a blue top. do you recognize what we have depicted here?
Jenny: yes.
(photograph marked trial exhibit number 206 for identification.)
Mr. Dusek: who's that?
Jenny: me.
Mr. Dusek: at what age?
Jenny: fivish.
Mr. Dusek: all right. and i've had marked as court's exhibit 207 another photograph depicting a darker-haired girl. do you recognize what we have depicted there?
Jenny: yes.
(photograph marked trial exhibit number 207 for identification.)
Mr. Dusek: who's that?
Jenny: me.
Mr. Dusek: is that when you were six years old?
Jenny: yes.
Mr. Dusek: were all of those school pictures?
Jenny: not the one in the blue top I don't think.
Mr. Dusek: all right. the blue top, which is court's exhibit 206?
Jenny: yes.
Mr. Dusek:thank you, ma'am. nothing further.
The Court: all right. anything further?
recross-examination by mr. Feldman:
Mr. Feldman: just with regard to the picture on the left, your hair is actually, if we look at the two pictures, your hair is darker on the one on my right than the one on my left. is it fair to say the one to my left your hair is lighter than it really was, in appearance, anyway?
Jenny: no. actually when I was younger I was really blond.
Mr. Feldman: when you were younger in 207, did your hair darken in, what, a year or so?
Jenny: i guess so.
Mr. Feldman: okay. no further.
The Court: all right. is this witness to be excused, counsel?
Mr. Dusek:yes.
The Court: all right. Jenny, thank you very much for coming in. you are free to leave these proceedings. you are under an admonition, however, not to discuss your testimony until the matter is finally concluded.
Mr. Feldman: your honor, just technically subject to recall.
The Court: all right. okay. fine. then you will be subject to recall. if they need you, they'll call you.
the witness: okay.
The Court: thank you.