"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
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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)
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PLEA BARGAIN MY POINT OF VIEW |
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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.. testimony - based on transcript from august 28, 2002
Jenny Lynn N., called as a witness by the plaintiff, having been duly sworn, testified as follows:
direct examination
Mr. Dusek: ma'am, would you tell us your first name and spell it.
Jenny. j-e-n-n-y.
Mr. Dusek: do you have a middle name?
Jenny: lynn. l-y-n-n.
Mr. Dusek: what's your last initial?
Jenny: N.
Mr. Dusek: Jenny, how old are you?
Jenny: nineteen.
Mr. Dusek: do you go to school?
Jenny: yes.
Mr. Dusek: where do you go?
Jenny: S. D. S. U.
Mr. Dusek: what year are you going to be?
Jenny: a sophomore.
Mr. Dusek: has it started yet?
Jenny: no. next tuesday.
Mr. Dusek: do you have a major?
Jenny: chemistry.
Mr. Dusek: what do you hope to do?
Jenny: research i guess, but my real plans are to go to culinary school afterwards.
Mr. Dusek: after a chemistry degree?
Jenny: m-hm. yes.
Mr. Dusek: good luck.
Jenny: thank you.
Mr. Dusek: were you at some point in time related to David Westerfield?
Jenny: yes.
Mr. Dusek: can you describe for us the relationship.
Jenny: my dad's sister was married to him.
Mr. Dusek: your dad's sister's name is jackie Westerfield?
Jenny: yes.
Mr. Dusek: and your dad was her brother?
Jenny: yes.
Mr. Dusek: is her brother.
Jenny: yes.
Mr. Dusek: how long have you known David Westerfield?
Jenny: my whole life.
Mr. Dusek: I would like to direct your attention back about twelve years. was there a time when your family got together with his family?
Jenny: yes.
Mr. Dusek: that's the events that i'm going to ask you about here today. do you recall about how old you were at the time?
Jenny: about seven.
Mr. Dusek: we have a picture here in court that's been labeled court's exhibit 205. do you recognize what we have depicted here?
Jenny: yes.
(photograph marked trial exhibit number 205 for identification.)
Mr. Dusek: who's that?
Jenny: me.
Mr. Dusek: how old were you?
Jenny: about seven i think.
Mr. Dusek: is that a school picture?
Jenny: yes.
Mr. Dusek: do you recall the occasion for what was going on at the Westerfield residence on the night that we're talking about?
Jenny: no. we were just having a family get-together.
Mr. Dusek: and when you say family, how many people are involved in your family?
Jenny: my parents, my younger sister, my aunt, and my cousins, my uncle might have been -- my other uncle might have been there. the neighbors might have been there. i'm not sure. and i think my great uncle and aunt might have been there.
Mr. Dusek: all right. let me just start with your family. you have your mother and father, correct?
Jenny: yes.
Mr. Dusek: and then do you have any brothers or sisters?
Jenny: I have a younger sister.
Mr. Dusek: how much younger is she than you?
Jenny: she's three years younger than i am.
Mr. Dusek: was your sister at this family gathering?
Jenny: yes.
Mr. Dusek: can you remember specifically whether or not the defendant David Westerfield was there?
Jenny: yes, he was.
Mr. Dusek: and how about his wife jackie?
Jenny: yes.
Mr. Dusek: were either of his kids there?
Jenny: both of them.
Mr. Dusek: and do you remember any other relatives were there specifically?
Jenny: I don't remember.
Mr. Dusek: do you recall the occasion, what was going on?
Jenny: I have no idea. it could have been a holiday party, a birthday party, or just a get-together for no reason.
Mr. Dusek: all right. did there come a time when you and your sister were put to bed?
Jenny: yes.
Mr. Dusek: how did that happen?
Jenny: we went upstairs to my cousin Lisa's room, and my mom tucked us in. we were at the foot of her bed and just went to sleep.
Mr. Dusek: what were you sleeping on?
Jenny: the floor.
Mr. Dusek: was Lisa there also?
Jenny: yes.
Mr. Dusek: do you remember what you were sleeping in?
Jenny: i think p.j.'s. i'm not sure.
Mr. Dusek: and how about a -- what you were sleeping on or in?
Jenny: i think a sleeping bag.
Mr. Dusek: are you sure?
Jenny: not positive.
Mr. Dusek: all right. did you have any trouble getting to sleep?
Jenny: no.
Mr. Dusek: do you know what the adults were doing when you guys were put to bed?
Jenny: still downstairs partying.
Mr. Dusek: what's the next thing you remember?
Jenny: waking up and my uncle Dave had his fingers in my mouth, and he was kind of playing with my teeth. and then I was still pretending i was asleep. and he went around to where my sister was sleeping. she was to the right of me. and i kind of rolled over to see what he was doing over there. but I don't remember seeing him doing anything. and then he came back over to where I was and did it again. so i bit him really hard for as long as i could. and then he went to the head of Lisa's bed. and i rolled over to see if he was doing anything over there, and he kind of adjusted the sides of his shorts and then left the room.
Mr. Dusek: all right. were you aware of him coming into the room?
Jenny: not until I had been woken up.
Mr. Dusek: did you act like you were awake the first time?
Mr. Feldman: leading.
The Court: overruled. you can answer.
the witness: no, i didn't.
Mr. Dusek: why not?
Jenny: 'cause I was too freaked out about it. i didn't understand what was going on.
Mr. Dusek: and describe for us as best you can what he was doing.
Jenny: he just had a couple fingers in my mouth, like rubbing my teeth or massaging them. and that's it.
Mr. Dusek: are you able to -- did you say anything to him?
Jenny: no.
Mr. Dusek: did you acknowledge at all that you were awake at that point?
Jenny: only when i bit him.
Mr. Dusek: and that was the second time?
Jenny: yes.
Mr. Dusek: i'm just talking about the first time first. did he say anything while he was doing that?
Jenny: no.
Mr. Dusek: had he ever done that before to you?
Jenny: no.
Mr. Dusek: how long would you say it lasted?
Jenny: maybe a minute or two.
Mr. Dusek: if one hand he was using to put fingers in your mouth, do you know what he was doing with his other hand?
Jenny: no.
Mr. Dusek: what was he wearing?
Jenny: he was wearing dark-colored little running shorts.
Mr. Dusek: how do you know?
Jenny: 'cause when i rolled over and looked at him when he was at Lisa's bedside, i just remember the shorts he was wearing.
Mr. Dusek: when he left you the first time, you went where?
Jenny: over to where my sister was sleeping.
Mr. Dusek: how far away was she?
Jenny: right next to me. but he went on the other side of her from where I was.
Mr. Dusek: what did he do over there?
Jenny: I have no idea.
Mr. Dusek: why not?
Jenny: either I don't remember or he didn't do anything. I don't know.
Mr. Dusek: okay. from there where did he go?
Jenny: he came back to where I was sleeping and did the same thing. that's when i bit him.
Mr. Dusek: how did he get his hand in your mouth?
Jenny: I don't know.
Mr. Dusek: were you still -- well, were you acting like you were awake or asleep at that point?
Jenny: still sleeping.
Mr. Dusek: did you say anything to him when he did it the second time?
Jenny: no.
Mr. Dusek: what were his fingers doing inside your mouth?
Mr. Feldman: asked and answered.
The Court: overruled. we're talking about second time, counsel?
Mr. Dusek: second time.
The Court: you may describe the second time.
the witness: I don't know. wait. can you repeat the question?
Mr. Dusek: when his fingers were inside your mouth the second time, what was he doing with them?
Jenny: oh, the same thing as before. just rubbing my teeth and massaging my teeth.
Mr. Dusek: do you know how he was positioned while he was doing that? by that i mean standing, sitting, kneeling, that type of thing.
Jenny: i think he was kneeling. i'm not sure, though.
Mr. Dusek: did you say anything to him on the second occasion?
Jenny: no.
Mr. Dusek: what did you do?
Jenny: i bit him.
Mr. Dusek: why?
Jenny: because I was scared.
Mr. Dusek: how hard?
Jenny: as hard as i could.
Mr. Dusek: how long?
Jenny: as long as i could.
Mr. Dusek: then what did he do?
Jenny: he stopped.
Mr. Dusek: did you say anything to him?
Jenny: no.
Mr. Dusek: did he say anything to you?
Jenny: no.
Mr. Dusek: from there he went where?
Jenny: to Lisa's bedside.
Mr. Dusek: she was actually in the bed?
Jenny: yeah.
Mr. Dusek: and you and your sister were sleeping on the floor?
Jenny: yes.
Mr. Dusek: when you were looking at him over by Lisa, do you know what part of him you were looking at? front, back, side is what i'm after.
Jenny: the side.
Mr. Dusek: and he did what?
Jenny: he was adjusting the sides of his shorts.
Mr. Dusek: from there where did he go?
Jenny: he left the room.
Mr. Dusek: do you know whether or not any of the other kids in the room were awake while this was going on?
Jenny: no, I don't.
Mr. Dusek: did you ever talk with any of the other kids in the room about what had happened?
Jenny: no.
Mr. Dusek: after he left the room, what did you do, Jenny?
Jenny: i waited for a little while to make sure that he was gone, and then i went downstairs and told my mom that uncle Dave was in the room and he was being weird and it bothered me.
Mr. Dusek: where did you find your mom?
Jenny: on downstairs in the dining room/kitchen area.
Mr. Dusek: and what you just told us that you told her, did you give any more details than that?
Jenny: no.
Mr. Dusek: why not?
Jenny: because I was too scared i guess.
Mr. Dusek: what was your mom's reaction when you conveyed that information?
Jenny: she just went and tucked me back in bed and then went and talked to him.
Mr. Dusek: do you know that she talked to your uncle because you saw her do that or you found out that she did that?
Jenny: she told me later on that she talked to him.
Mr. Dusek: once you got back in bed, did anyone come back and bother you any more that night?
Jenny: no.
Mr. Dusek: have you ever spoken to the defendant about what he did to you that night?
Jenny: no.
Mr. Dusek: has it ever been brought up in your presence from then until now --
Jenny: no.
Mr. Dusek: -- with the defendant?
Jenny: no.
Mr. Dusek: when was the next time the subject was raised as far as you know?
Jenny: when a police detective called me in February.
Mr. Dusek: was that about the time that Danielle Van Dam was reported missing?
Jenny: yes.
Mr. Dusek: that reporter, i'm sorry, that police detective that spoke with you, on the phone or in person?
Jenny: on the phone.
Mr. Dusek: do you know if you were the first one she was to speak with that evening?
Jenny: she told me that she had talked to my mom earlier.
Mr. Dusek: all right. were you living with your parents at that time?
Jenny: no. I was living in the dorms.
Mr. Dusek: okay. what did she ask you?
Jenny: she asked me if i remembered him doing anything to me when i was younger.
Mr. Dusek: what did you tell her?
Jenny: i told her that i remembered a time when he came in the room and was bothering me and i didn't remember any details.
Mr. Dusek: did you give her the details?
Jenny: no.
Mr. Dusek: why not?
Jenny: because --
mr. Boyce: objection. relevance.
The Court: overruled. you can answer.
the witness: I was half asleep when she called me, and she woke me up. and I was afraid that i would upset my family.
Mr. Dusek: so you didn't give her the details?
Jenny: no.
Mr. Dusek: when was the next time you told somebody about this?
Jenny: a couple days later i talked to my boyfriend about it.
Mr. Dusek: is he still your boyfriend?
Jenny: yes.
Mr. Dusek: why did you talk to him?
Jenny: because he's somebody i trust a lot.
Mr. Dusek: did you tell him?
mr. Boyce: objection. hearsay and relevance.
The Court: you can answer that yes or no if you told him.
the witness: yes.
Mr. Dusek: did you tell somebody else after that?
Jenny: i talked to my parents about it after that. or my mom.
Mr. Dusek: why?
Jenny: because I was upset about it.
Mr. Dusek: then did you report it to somebody after speaking with your mom?
Jenny: yes. well, kind of.
Mr. Dusek: all right.
Jenny: first i talked to Marion.
Mr. Dusek: Marion Pasas, the defense investigator?
Jenny: yes.
Mr. Dusek: she was the first one that was a real part of this case that you spoke with?
Jenny: yes.
Mr. Feldman: objection. misstates. d. l. Williams is a real party, your honor.
The Court: overruled. next question.
Mr. Dusek: where did you speak with her?
Jenny: at my house.
Mr. Dusek: was it tape-recorded?
Jenny: no.
Mr. Dusek: who was present when you spoke with her?
Jenny: just Marion and I.
Mr. Dusek: did you tell her what you have told us here?
Jenny: i didn't give her all the details. i just told her that he came in the room and was putting his fingers in my mouth, and that's it.
Mr. Dusek: did you then tell someone else?
Jenny: i talked to my dad about it after that.
Mr. Dusek: and did you get some advice?
Jenny: yes.
Mr. Dusek: what was the advice?
mr. Boyce: objection. relevance.
The Court: overruled.
Mr. Feldman: hearsay.
The Court: hearsay, sustained.
Mr. Dusek: not being offered for the truth but to show --
The Court: ladies and gentlemen, this answer to the next question is not being offered for the truth, just the actions taken by the witness.
Mr. Dusek: All right. do you even remember the question now?
the witness: no.
The Court: that's probably what happens. bob, why don't you read it back. (the following was read by the reporter: "q and did you get some advice? "a yes. "q what was the advice?")
the witness: my dad told me to -- that he -- i didn't have to say anything if i didn't want to. but he is really big on telling the truth, so he wanted me to tell the truth.
Mr. Dusek: did you contact somebody then?
Jenny: yes.
Mr. Dusek: who?
Jenny: your office.
Mr. Dusek: and we arranged an interview?
Jenny: yes.
Mr. Dusek: was it tape-recorded?
Jenny: yes.
Mr. Dusek: and you agreed to come in here and tell us what you've just told us?
Jenny: yes.
Mr. Dusek: when you first spoke with us, the district attorney's office, and when you first spoke with Marion Pasas, did you mention the part about the defendant adjusting his shorts?
Jenny: no.
Mr. Dusek: why not?
Jenny: because it scared me too much. I don't know if it meant anything or not. but it just freaked me out a lot. so i didn't say anything.
Mr. Dusek: after we had our tape-recorded interview with you and then we met also in my office, didn't we, on a second occasion?
Jenny: yes.
Mr. Dusek: was it after that that you reported the shorts part of this incident?
Jenny: yes.
Mr. Dusek: who did you first report it to?
Jenny: first i tried contacting your office, but it was a saturday, so I don't think you guys were here. and then i talked to mr. Feldman and Marion.
Mr. Dusek: did you tell them?
Jenny: yes.
Mr. Dusek: and then did you notify us also?
Jenny: yes.
Mr. Dusek: thank you, ma'am.
The Court: all right.
Niece - Cross-examination