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Trial of David Westerfield, criminal defense trial San Diego California
Feldman: criminal defense lawyer
Index transcript Westerfield criminal defense | Westerfield criminal defense - Home
PRELIMINARY HEARING - SAN DIEGO, CALIFORNIA; TUESDAY, 3-12-01; 9:00 A.M.
WITNESSES:
Johnny F. Keene (police officer),
James Francis Hergenroeather (police officer),
Karen Lealcala (forensic specialist)
Page 222
1
2 -0-
3 (THE FOLLOWING PROCEEDINGS WERE HELD IN OPEN COURT.)
4 THE COURT: GOOD MORNING.=20
5 OKAY. MY RECOLLECTION IS WE HAD A WITNESS=20
6 ON THE STAND.=20
7 LET ME SWEAR YOU IN AGAIN.=20
8 =20
9 JOHNNY F. KEENE,
10 PEOPLE'S WITNESS, HAVING BEEN FIRST DULY SWORN,=20
11 TESTIFIED AS FOLLOWS:
12 =20
13 THE COURT: TAKE THE STAND.=20
14 ONCE AGAIN, TELL US YOUR NAME.=20
15 THE WITNESS: JOHNNY F. KEENE, SPELLED=20
16 K-E-E-N-E.
17 THE COURT: ALL RIGHT. GO AHEAD, COUNSEL.
18 =20
19 CROSS-EXAMINATION (RESUMED)
20 BY MR. BOYCE:=20
21 Q DETECTIVE KEENE, BEFORE TESTIFYING, WHAT=20
22 REPORTS DID YOU REVIEW?
23 A THE REPORTS THAT I MYSELF TYPED REGARDING=20
24 MY INTERVIEWS.=20
25 Q AND ONE OF -- YOU DID TWO REPORTS ON YOUR=20
26 INITIAL CONTACT WITH MR. WESTERFIELD, DIDN'T YOU?
27 A THAT'S CORRECT.=20
28 Q AND THOSE REPORTS WERE PREPARED ON=20
Page 223
1 FEBRUARY 5TH OF 2002, WEREN'T THEY?
2 A ONE OF THEM WAS.=20
3 Q AND THEN THE OTHER ONE WAS PREPARED=20
4 MARCH 5TH OF 2002; IS THAT CORRECT?
5 A THAT'S CORRECT.=20
6 Q AND BOTH OF THOSE REPORTS WERE PREPARED=20
7 FROM NOTES THAT YOU HAD TAKEN FROM YOUR INTERVIEWS?
8 A THAT'S CORRECT.=20
9 Q AND DID YOU PRESERVE THOSE NOTES?
10 A I DID.=20
11 Q YOU DID?
12 A I DID.=20
13 Q AND YOU STILL HAVE THOSE NOTES?
14 A NOT WITH ME TODAY. BUT YES.
15 Q DID YOU REVIEW THE NOTES BEFORE YOU=20
16 TESTIFIED TODAY?
17 A NO.=20
18 Q WHILE YOU WERE SITTING HERE, YOU WERE=20
19 REVIEWING SEVERAL REPORTS. ARE THOSE THE REPORTS=20
20 THAT YOU JUST DESCRIBED?=20
21 A YES.=20
22 Q AND BEFORE COMING TO COURT TODAY, DID YOU=20
23 MEET WITH MR. DUSEK?
24 A I MET WITH HIM IN HIS OFFICE. WE DID NOT=20
25 DISCUSS THE CASE, THOUGH.
26 Q WHAT DID YOU DISCUSS?
27 A NOTHING. I MEAN, I WENT TO HIS OFFICE AND=20
28 THEN I WALKED WITH HIM DOWN HERE, BUT WE DID NOT=20
Page 224
1 DISCUSS ANYTHING.=20
2 Q WHEN YOU INTERVIEWED MR. WESTERFIELD THE=20
3 FIRST TIME, YOU ALSO WALKED THROUGH THE HOUSE WITH =20
4 -- WAS IT DETECTIVE PARGA?
5 A THAT'S CORRECT.=20
6 Q AND ALSO MR. WESTERFIELD; IS THAT CORRECT?
7 A THAT'S CORRECT.=20
8 Q AND YOU WENT INSIDE THE HOUSE; WHEN YOU=20
9 FIRST ENTERED THE HOUSE, DID YOU NOTICE THAT THERE=20
10 WERE TWO VOLKSWAGEN BUMPERS THAT HAD JUST BEEN=20
11 PAINTED RIGHT INSIDE -- RIGHT INSIDE THE DOOR?
12 A NO. THEY WERE NOT BUMPERS RIGHT INSIDE THE=20
13 DOOR WHEN I WALKED IN.
14 Q DID YOU NOTICE THESE AUTO PARTS THAT WERE=20
15 INSIDE THE HOUSE THAT APPEARED TO BE OUT OF PLACE?
16 A NO, THERE WERE NOT ANY AUTO PARTS INSIDE=20
17 THE FRONT DOOR WHEN WE WALKED IN THE HOUSE THAT=20
18 MORNING.=20
19 Q AND IN YOUR WALK THROUGH THE HOUSE, THE=20
20 FIRST ROOM YOU WENT INTO THEN WAS THE LIVING ROOM;=20
21 IS THAT CORRECT?
22 A THAT'S CORRECT. THERE'S -- WHEN YOU FIRST=20
23 WALK IN THE FRONT DOOR, THERE'S ABOUT PROBABLY A=20
24 THREE-FOOT BY MAYBE SIX-FOOT AREA RIGHT INSIDE THE=20
25 FRONT DOOR, AND THEN THERE'S -- RIGHT IN FRONT, AS=20
26 YOU WALK IN RIGHT IN FRONT OF YOU, THERE'S A SMALL=20
27 WALL THAT'S PROBABLY TWO-AND-A-HALF, THREE FOOT=20
28 HIGH, AND, IN FACT, THERE WAS A MISSING FLYER OF=20
Page 225
1 DANIELLE VAN DAM LAYING ON TOP OF THAT WALL. AND=20
2 THEN RIGHT IN PAST THAT WALL IS THE LIVING ROOM=20
3 AREA.=20
4 Q AND YOU AND DETECTIVE PARGA,=20
5 MR. WESTERFIELD THEN ENTERED THE LIVING ROOM AREA;=20
6 IS THAT RIGHT?
7 A THAT'S CORRECT.
8 Q YOU WALKED THROUGH THE LIVING ROOM AREA AND=20
9 YOU WENT OUT TO THE PATIO AREA?
10 A I DON'T REMEMBER THE EXACT ORDER THAT WE=20
11 WENT THROUGH THE HOUSE, BUT I DO RECALL WALKING=20
12 OUTSIDE THE BACK DOOR TO THE BACK PATIO AND POOL=20
13 AREA.=20
14 Q AS YOU WALK OUT THE BACK DOOR, WAS=20
15 DETECTIVE PARGA ALSO WITH YOU?
16 A I BELIEVE SHE WALKED OUT BEHIND ME, YES.=20
17 Q AND MR. WESTERFIELD WAS WALKING WITH YOU,=20
18 TOO; IS THAT CORRECT?
19 A I BELIEVE SO, YES.
20 Q WERE THERE ANY OTHER OFFICERS AT THAT TIME=20
21 WALKING THROUGH THE HOUSE?
22 A I DON'T RECALL. I DO RECALL SEEING=20
23 SERGEANT REYES ACTUALLY INSIDE THE HOUSE, BUT I=20
24 DON'T RECALL ANYBODY OTHER THAN HIM AND I DON'T=20
25 RECALL THAT HE WALKED THROUGH THE HOUSE. HE STEPPED=20
26 INSIDE AND BASICALLY STOOD IN JUST PAST THE ENTRANCE=20
27 AREA.=20
28 Q AND HAD YOU BEEN TO THE VAN DAMS' HOUSE=20
Page 226
1 BEFORE?
2 A NO. I'VE NEVER BEEN TO THE VAN DAMS'=20
3 HOUSE.
4 Q TO YOUR KNOWLEDGE, HAD DETECTIVE PARGA BEEN=20
5 TO THE VAN DAMS' HOUSE?
6 A I BELIEVE SHE HAD AFTER -- AFTER -- I KNOW=20
7 SHE'S BEEN TO THE VAN DAM HOUSE. I DON'T RECALL=20
8 WHEN.=20
9 Q TO YOUR KNOWLEDGE, WAS SERGEANT RAY AT THE=20
10 VAN DAMS' HOUSE?
11 A TO MY KNOWLEDGE, NO.=20
12 Q SO AFTER YOU WALKED THROUGH THE LIVING ROOM=20
13 AND OUT TO THE PATIO AREA, MR. WESTERFIELD TOOK YOU=20
14 UPSTAIRS; IS THAT CORRECT?
15 A THAT'S CORRECT.=20
16 Q AND WAS DETECTIVE PARGA WITH YOU AS YOU=20
17 WERE WALKING THROUGH THE UPSTAIRS AREA?
18 A YES.
19 Q AND MR. WESTERFIELD SHOWED YOU VARIOUS=20
20 AREAS IN THE HOUSE, SUCH AS CLOSETS; IS THAT=20
21 CORRECT?
22 A THAT'S CORRECT.=20
23 Q AND YOU AND DETECTIVE PARGA WALKED OVER AND=20
24 EXAMINED THOSE AREAS; IS THAT CORRECT?
25 A THAT'S CORRECT.=20
26 Q HE ALSO SHOWED YOU THE ATTIC; IS THAT=20
27 CORRECT?
28 A THAT IS CORRECT.=20
Page 227
1 Q AND YOU AND DETECTIVE PARGA OR ONE OF YOU=20
2 EXAMINED THE ATTIC?
3 A I DID.=20
4 Q AFTER EXAMINING THE UPSTAIRS AREA -- ABOUT=20
5 HOW LONG DID YOU SPEND WALKING AROUND THE UPSTAIRS=20
6 AREA?
7 A I THINK WE WERE IN THE HOUSE A TOTAL OF TEN=20
8 TO 15 MINUTES, SO WE WERE PROBABLY IN THE UPSTAIRS=20
9 AREA MAYBE FIVE MINUTES.=20
10 Q WAS SERGEANT RAY ALSO WALKING AROUND THE=20
11 UPSTAIRS AREA WITH YOU?
12 A NO, I DON'T RECALL HIM COMING UP THERE.=20
13 Q AND AFTER WALKING AROUND MR. WESTERFIELD'S=20
14 HOUSE, YOU LEFT THE HOUSE; IS THAT CORRECT?
15 A THAT'S CORRECT.=20
16 Q AND YOU AND DETECTIVE PARGA DROVE OVER TO=20
17 THE MOTORHOME?
18 A THAT IS CORRECT.=20
19 Q WHILE YOU WERE DRIVING OVER TO THE=20
20 MOTORHOME WITH DETECTIVE PARGA, DID YOU DISCUSS THE=20
21 FACT THAT MR. WESTERFIELD WAS A SUSPECT?
22 A NO.=20
23 Q NOTHING CAME UP BETWEEN YOU AND=20
24 DETECTIVE PARGA THAT YOU THOUGHT MR. WESTERFIELD=20
25 WAS -- ANYTHING WAS SUSPICIOUS ABOUT WHAT HE HAD=20
26 TOLD YOU OR ANY OF THE CONDUCT HE ENGAGED IN?
27 A I BELIEVE WE DISCUSSED OUR FEELINGS AS TO=20
28 THE FACT THAT WE BOTH FELT HE WAS MORE THAN=20
Page 228
1 COOPERATIVE, MORE SO THAN MOST PEOPLE. BUT AT NO=20
2 TIME DID WE CALL HIM A SUSPECT OR DETERMINE THAT HE=20
3 WAS A SUSPECT.
4 Q WELL, YOU WERE DISCUSSING SUSPICIOUS=20
5 CIRCUMSTANCES IN THE CAR?
6 A THAT WOULD BE FAIR TO SAY.
7 Q AND YOU KNOW THAT PEOPLE IN LAW ENFORCEMENT=20
8 HAD IDENTIFIED HIM AS A SUSPECT AT THAT TIME?
9 MR. DUSEK: OBJECTION; IRRELEVANT.
10 THE COURT: COUNSEL, I'M NOT SURE HOW THIS IS=20
11 RELEVANT TO THIS HEARING. I CAN UNDERSTAND HOW IT=20
12 MIGHT BE RELEVANT TO OTHER MOTIONS DOWN THE LINE, SO=20
13 I'M GOING TO SUSTAIN THE OBJECTION.=20
14 MR. BOYCE: I UNDERSTAND, YOUR HONOR.
15 BY MR. BOYCE:=20
16 Q THEN YOU ARRIVED AT THE MOTORHOME; IS THAT=20
17 CORRECT?
18 A THAT'S CORRECT.=20
19 Q YOU AND DETECTIVE PARGA ENTERED THE=20
20 MOTORHOME?
21 A AT SOME POINT, YES. NOT RIGHT AWAY, BUT=20
22 YES.
23 Q AND YOU WALKED THROUGH THE MOTORHOME WITH=20
24 DETECTIVE PARGA?
25 A YES.
26 Q AND MR. WESTERFIELD WAS WITH YOU?
27 A HE WAS INSIDE THE MOTORHOME.
28 Q HOW LONG DID IT TAKE YOU TO GET FROM =20
Page 229
1 MR. WESTERFIELD'S HOUSE TO THE MOTORHOME?
2 A I DIDN'T TIME IT. BUT I'D ESTIMATE BETWEEN=20
3 20 AND 25 MINUTES.
4 Q MR. WESTERFIELD WAS CONTINUING TO BE=20
5 COOPERATIVE WITH YOU IN THE MOTORHOME; CORRECT?
6 A THAT'S CORRECT.=20
7 Q HE WAS SHOWING YOU AREAS IN THE MOTORHOME=20
8 TO LOOK?
9 A CORRECT.=20
10 Q HE SHOWED YOU THE BEDROOM AREA; IS THAT=20
11 CORRECT?
12 A I ACTUALLY WALKED TO THE BEDROOM AREA BY=20
13 MYSELF. HE DIDN'T POINT IT OUT. HE WAS INSIDE THE=20
14 MOTORHOME AT THE TIME. YES.
15 Q DID HE POINT OUT ANY AREAS IN THE BEDROOM=20
16 AREA TO LOOK?
17 A NO, I BELIEVE AT THE POINT THAT I WAS IN=20
18 THE BEDROOM AREA, HE WAS FURTHER UP TOWARDS THE=20
19 FRONT TALKING WITH DETECTIVE PARGA.=20
20 Q THERE WAS A PILE OF BEDDING MATERIAL ON THE=20
21 BED, WASN'T THERE?
22 A NO, THERE WAS NOT.=20
23 Q YOU DON'T RECALL SEEING ANY BEDDING=20
24 MATERIAL ON THE BED?
25 A IT'S NOT THAT I DON'T RECALL. THERE WAS=20
26 NOT. THERE WERE SHEETS ON THE BED BUT NO OTHER=20
27 BEDDING MATERIAL LAYING ON THE BED.
28 Q DID YOU ACTUALLY GO IN THE BEDROOM?
Page 230
1 A I WALKED THE ENTIRE LENGTH OF THE=20
2 MOTORHOME, YES.
3 Q AND YOU WERE INSIDE THE BEDROOM; IS THAT=20
4 CORRECT?
5 A YES. IT'S NOT A CLOSED-OFF BEDROOM. IT'S=20
6 THE VERY END OF THE MOTORHOME.
7 Q YOU WALKED AROUND IN THAT AREA LOOKING FOR=20
8 BEDDING, IS THAT FAIR TO SAY?
9 A I WASN'T LOOKING SPECIFICALLY FOR BEDDING,=20
10 BUT I DID WALK AROUND THE BED IN THE BEDROOM AREA.
11 Q WAS DETECTIVE PARGA WALKING AROUND IN THAT=20
12 AREA WITH YOU?
13 A NO. SHE WAS FURTHER UP TOWARDS THE FRONT=20
14 OF THE MOTORHOME IN WHAT I WOULD GUESS WOULD BE=20
15 CONSIDERED THE DINING ROOM AREA.
16 Q DID YOU WALK INTO THE BATHROOM AREA OF THE=20
17 MOTORHOME?
18 A I WALKED PAST IT AND LOOKED IN. THE=20
19 BATHROOM AREA IN THAT PARTICULAR MOTORHOME IS NOT=20
20 CLOSED OFF AS IN SOME MOTORHOMES THAT I'VE SEEN. =20
21 IT'S BASICALLY AN OPEN AREA AND IT HAS A, IF I=20
22 REMEMBER CORRECTLY, IT'S GOT LIKE AN ACCORDION DOOR=20
23 THAT YOU CAN PULL CLOSED IF YOU WERE TO WANT=20
24 PRIVACY.=20
25 Q DETECTIVE PARGA WAS WITH YOU?
26 A SHE WAS STILL IN THE MOTORHOME.
27 Q DID SHE WALK INTO THE BATHROOM, ALSO? =20
28 AREA OF THE BATHROOM?
Page 231
1 A SHE MAY HAVE WHILE I WAS FURTHER BACK IN=20
2 THE MOTORHOME. AGAIN, WHILE I WAS STANDING AT THE=20
3 BATHROOM AREA, SHE WASN'T STANDING RIGHT BESIDE ME.
4 Q MR. WESTERFIELD WAS ALSO WITH YOU?
5 A HE WAS INSIDE THE MOTORHOME.=20
6 Q AFTER YOU LEFT THE MOTORHOME, YOU RETURNED=20
7 TO MR. WESTERFIELD'S AT SOME POINT LATER IN THE DAY?
8 A THAT'S CORRECT.=20
9 Q WAS MR. WESTERFIELD'S SON HOME AT THAT=20
10 TIME?
11 A NO. HE WAS NEVER -- MR. WESTERFIELD'S SON=20
12 WAS NEVER AT THE HOUSE WHILE I WAS THERE. AT LEAST=20
13 NOT TO MY KNOWLEDGE.=20
14 Q HE WAS THERE WHEN YOU RETURNED IN THE=20
15 EVENING, WASN'T HE?
16 A I DID NOT RETURN IN THE EVENING.=20
17 Q WHEN YOU APPROACHED MR. WESTERFIELD IN THE=20
18 DRIVEWAY THAT MORNING, YOU WERE NOTIFIED THAT HE HAD=20
19 JUST COME OUT OF HIS HOUSE AND OFFICERS WERE TALKING=20
20 TO HIM; IS THAT CORRECT?
21 A THAT'S CORRECT.=20
22 Q WHEN YOU APPROACHED HIM, YOU DESCRIBED, I=20
23 BELIEVE, SEVEN OFFICERS IN THAT IMMEDIATE VICINITY,=20
24 SEVEN DETECTIVES.
25 A I BELIEVE WHAT I SAID WAS THERE WERE --=20
26 THERE WAS A SERGEANT AND THREE DETECTIVES PRESENT=20
27 AND THEN MYSELF AND TWO OTHER DETECTIVES ARRIVED=20
28 ABOUT THE SAME TIME.=20
Page 232
1 Q YOU NOTICED THE MEDIA IN THE AREA, TOO?
2 A THE MEDIA WAS I BELIEVE AT THE VAN DAM=20
3 HOUSE AT THE TIME. IT WASN'T UNTIL A LITTLE BIT=20
4 LATER THEY CAME DOWN TO MR. WESTERFIELD'S HOUSE.
5 Q WHEN YOU CONTACTED MR. WESTERFIELD, THE=20
6 MEDIA THEN MOVED OVER TO WESTERFIELD'S HOUSE, DIDN'T=20
7 THEY?
8 A YOU KNOW, I WASN'T REALLY PAYING ATTENTION,=20
9 SO I DON'T KNOW -- TO THE MEDIA, SO I DON'T KNOW AT=20
10 WHAT POINT THEY CAME DOWN. BUT I BELIEVE ONE OR=20
11 TWO, I DID SEE ONE OR TWO CAMERAS MAKE THEIR WAY=20
12 DOWN.
13 Q YOU COULD SEE THE VAN DAMS' HOUSE, THOUGH,=20
14 FROM THE WESTERFIELD DRIVEWAY?
15 A YES.=20
16 Q AND YOU CAN SEE THE MEDIA CAMERAS AROUND=20
17 THE VAN DAM HOUSE FROM THE WESTERFIELD DRIVEWAY?
18 A YES.=20
19 Q THEY ALSO HAD SATELLITE CAMERAS THERE,=20
20 DIDN'T THEY? SATELLITE ANTENNAS.
21 A I WOULD ASSUME SO.
22 Q THERE WERE MEDIA TRUCKS GOING AT THE TIME?
23 A YES.
24 Q THERE WERE MULTIPLE TRUCKS IN THE AREA?
25 MR. DUSEK: OBJECTION; RELEVANCY.=20
26 THE COURT: COUNSEL, WE HAVE GONE OVER THIS IN=20
27 THE PRELIMINARY VOIR DIRE. AND I DON'T SEE HOW IT'S=20
28 PARTICULARLY RELEVANT TO THE DECISION I HAVE TO MAKE=20
Page 233
1 WHERE THE MEDIA WAS.
2 BY MR. BOYCE:
3 Q WHEN YOU CONTACTED MR. WESTERFIELD, YOU=20
4 SAID HE WAS SWEATING; IS THAT CORRECT?
5 A AS HE TALKED, YES, HE WAS SWEATING.
6 Q HE HAD JUST WALKED OUT INTO THIS AREA WHERE=20
7 THERE WERE SEVERAL DETECTIVES, MULTIPLE MEDIA TRUCKS=20
8 AND SATELLITES AND CAMERAS GOING OFF AND CAMERAS=20
9 RUNNING WHILE YOU WERE TALKING TO HIM; CORRECT?
10 A I WOULDN'T -- I WOULDN'T SAY THAT'S FAIR TO=20
11 SAY. WHEN HE WALKED OUT, AGAIN, THERE WAS NOT=20
12 MULTIPLE MEDIA IN HIS DRIVEWAY, AROUND HIS HOUSE. =20
13 THERE WERE FOUR DETECTIVES; ONE SERGEANT AND THREE=20
14 DETECTIVES AT THE TIME HE WALKED OUT.=20
15 Q WELL, THERE WAS MULTIPLE MEDIA IN FRONT OF=20
16 THE VAN DAMS' HOUSE WITHIN EYESIGHT; CORRECT?
17 A TRUE.
18 Q AND YOU APPROACHED MR. WESTERFIELD AND=20
19 STARTED ASKING HIM WHERE HE'D BEEN THAT WEEKEND;=20
20 CORRECT?
21 A THAT'S CORRECT.=20
22 Q AND THERE WAS -- THE FACT THAT THERE WAS A=20
23 MISSING GIRL IN THE NEIGHBORHOOD WAS COMMON=20
24 KNOWLEDGE IN THAT NEIGHBORHOOD BY THAT TIME; IS THAT=20
25 FAIR TO SAY?
26 A THAT'S FAIR TO SAY. =20
27 Q WHEN YOU TALKED TO MR. WESTERFIELD, HE HAD=20
28 TOLD YOU HE'D BEEN TO GLAMIS, DIDN'T HE?
Page 234
1 A YES, HE DID.=20
2 Q AND YOU CONFIRMED THAT HE'D BEEN TO GLAMIS,=20
3 DIDN'T YOU?
4 A I DID NOT PERSONALLY CONFIRM THAT HE'D BEEN=20
5 TO GLAMIS. I BELIEVE IT WAS CONFIRMED.
6 Q YOU WERE TOLD THAT THAT HAD BEEN CONFIRMED;=20
7 CORRECT?
8 A CORRECT.=20
9 Q HE TOLD YOU HE HAD BEEN TO THE SILVER=20
10 STRAND?
11 A THAT'S CORRECT.=20
12 Q AND THAT WAS CONFIRMED THAT HE WAS AT THE=20
13 SILVER STRAND; IS THAT CORRECT?
14 A THAT'S CORRECT.=20
15 Q THAT WAS A TRUTHFUL STATEMENT; RIGHT?
16 A YES.=20
17 Q AND HE TOLD YOU THAT THERE WAS A DISPUTE=20
18 OVER WHETHER HE HAD PAID TOO MUCH WHEN HE WENT TO=20
19 THE SILVER STRAND?
20 A IN HIS INITIAL STATEMENT TO ME, HE DID NOT=20
21 TELL ME -- HE DID NOT MENTION ANY DISPUTE.=20
22 Q BUT HE SAID HE'D PAID TO GO TO THE SILVER=20
23 STRAND; CORRECT?
24 A HE DID SAY HE'D PAID FOR THE ENTIRE=20
25 WEEKEND, CORRECT.
26 Q YOU CONFIRMED THAT HE HAD, IN FACT, DONE=20
27 SO?
28 A AGAIN, IT WAS CONFIRMED. I DID NOT DO IT.=20
Page 235
1 Q NOW, HE TOLD YOU HE LEFT THE SILVER STRAND,=20
2 HE DIDN'T HAVE ENOUGH MONEY TO GO TO GLAMIS; IS THAT=20
3 CORRECT?
4 A CORRECT. HE SAID THAT THE REASON HE WENT=20
5 TO THE STRAND IN THE FIRST PLACE WAS BECAUSE HE=20
6 DIDN'T HAVE HIS WALLET AND THEREFORE DID NOT HAVE=20
7 ENOUGH MONEY FOR GAS TO MAKE IT TO GLAMIS.
8 Q AND, IN FACT, HE TOLD YOU HE WAS DRIVING=20
9 HIS MOTORHOME?
10 A THAT'S CORRECT.=20
11 Q AND DO YOU KNOW HOW MANY GALLONS THAT=20
12 MOTORHOME HOLDS OF GAS?
13 A I'M NOT FAMILIAR WITH MOTORHOMES.
14 Q YOU DON'T KNOW HOW MUCH IT WOULD COST TO=20
15 FILL UP THAT MOTORHOME WITH GAS, DO YOU?
16 A NO, I DON'T.=20
17 Q YOU DON'T KNOW HOW MANY MILES HE GETS TO=20
18 THE GALLON, DO YOU?
19 A NO, I DON'T.
20 Q IS IT FAIR TO SAY IT'S PROBABLY FAIRLY=20
21 EXPENSIVE TO FILL UP THAT MOTORHOME?
22 A I WOULD GUESS IT IS.
23 Q IT'S QUITE A WAYS FROM THE SILVER STRAND TO=20
24 GLAMIS AS FAR AS THE DRIVE, ISN'T IT?
25 A I'VE NEVER DRIVEN TO GLAMIS. I COULD ONLY=20
26 GUESS THAT IT'S QUITE A FEW MILES.
27 Q IT'S FARTHER TO GLAMIS THAN IT IS FROM THE=20
28 SILVER STRAND BACK TO SABRE SPRINGS, ISN'T IT?
Page 236
1 A I WOULD GUESS, YES.=20
2 Q YOU TOLD US YOU SEARCHED THE GARAGE,=20
3 MR. WESTERFIELD'S GARAGE WITH DETECTIVE PARGA.
4 A YES. AND, AGAIN, IN USING THE WORD=20
5 "SEARCH," I MENTION THAT IT WAS A CURSORY SEARCH. =20
6 WE DIDN'T GO INTO GREAT DETAIL.
7 Q WELL, "CURSORY SEARCH." IT WAS A SEARCH,=20
8 THOUGH; CORRECT?
9 A YES.=20
10 Q AND YOU SEARCHED ONE SIDE OF THE GARAGE AND=20
11 DETECTIVE PARGA SEARCHED THE OTHER?
12 A THAT'S CORRECT.=20
13 Q DETECTIVE PARGA TOLD YOU AT SOME POINT THAT=20
14 SHE SMELLED BLEACH ON HER SIDE OF THE GARAGE?
15 A THAT'S CORRECT.
16 Q YOU DIDN'T SMELL ANY BLEACH ON YOUR SIDE OF=20
17 THE GARAGE, THOUGH, DID YOU?
18 A THAT'S CORRECT.
19 Q YOU DIDN'T SMELL ANY BLEACH IN THE HOUSE,=20
20 DID YOU?
21 A NO, I DIDN'T.=20
22 Q YOU DIDN'T SMELL ANY BLEACH IN THE=20
23 MOTORHOME, DID YOU?
24 A I DID NOT.
25 Q IN FACT, THE MOTORHOME SMELLED COMPLETELY=20
26 NORMAL, DIDN'T IT?
27 A DEPENDING ON WHAT NORMAL IS, BUT --
28 Q WELL, YOU DIDN'T NOTICE ANYTHING UNUSUAL --
Page 237
1 THE COURT: ONE AT A TIME, PLEASE.
2 THE REPORTER: "DEPENDING ON WHAT NORMAL IS"?
3 THE WITNESS: DEPENDING ON WHAT NORMAL IS, I=20
4 DIDN'T SMELL ANYTHING THAT MADE MY EYES WATER OR,=20
5 YOU KNOW, MADE ME THINK, OH, THIS STINKS, BUT NO.
6 BY MR. BOYCE:
7 Q LET ME ASK THIS: YOU DIDN'T SMELL ANYTHING=20
8 UNUSUAL IN THE MOTORHOME, DID YOU?
9 A NO.=20
10 Q YOU DIDN'T NOTE ANYTHING UNUSUAL IN YOUR=20
11 REPORT ABOUT WHAT YOU SMELLED IN THE MOTORHOME, DID=20
12 YOU?
13 A I DID NOT.=20
14 Q AND WHEN YOU ENTERED THE MOTORHOME, YOU=20
15 LOOKED AROUND, DIDN'T YOU?
16 A YES.
17 Q IT DIDN'T -- DID NOT APPEAR TO HAVE BEEN=20
18 CLEANED RECENTLY, DID IT?
19 A IT DIDN'T APPEAR DIRTY.=20
20 Q IT DIDN'T APPEARED TO BE CLEAN?
21 A I'M NOT SURE I UNDERSTAND WHAT YOU'RE=20
22 ASKING.=20
23 Q DID IT APPEAR AS THOUGH THE INSIDE OF THE=20
24 MOTORHOME HAD BEEN CLEANED RECENTLY?
25 A I'M NOT SURE I COULD -- I COULD STATE=20
26 WHETHER IT APPEARED TO HAVE BEEN CLEANED RECENTLY OR=20
27 NOT. IT WAS NOT DIRTY.
28 Q YOU DIDN'T NOTE ANYTHING THAT INDICATED TO=20
Page 238
1 YOU OR BROUGHT YOUR ATTENTION THAT IT HAD BEEN=20
2 CLEANED RECENTLY, DID IT, DID YOU?
3 A I WOULD SAY THE ONLY THING ALONG THOSE=20
4 LINES THAT I COULD -- THAT I WOULD BE ABLE TO TELL=20
5 IF IT HAD BEEN CLEANED WAS WHETHER I SMELLED=20
6 CLEANING PRODUCTS, AND I DID NOT SMELL THAT. BUT=20
7 WHETHER IT HAD BEEN WIPED DOWN WITH SOAP AND WATER=20
8 OR ANYTHING LIKE THAT, I COULDN'T SAY.
9 Q FROM YOUR VISUAL OBSERVATION, DID IT APPEAR=20
10 TO HAVE BEEN CLEANED RECENTLY?
11 A AGAIN, IT DID NOT APPEAR DIRTY. I DIDN'T=20
12 SEE DUST ON THE COUNTERS OR ANYTHING LIKE THAT. THE=20
13 ONLY -- AS I TESTIFIED YESTERDAY, THE ONLY THING I=20
14 REALLY SAW THAT DIDN'T APPEAR TO BE IN ORDER WAS THE=20
15 BED WAS UNMADE. THERE WERE SHEETS ON IT BUT NO=20
16 COMFORTER.
17 MR. BOYCE: IF I COULD HAVE JUST A MOMENT, YOUR=20
18 HONOR.
19 THE COURT: YOU MAY.=20
20 MR. BOYCE: I HAVE NOTHING FURTHER, YOUR HONOR.=20
21 THE COURT: THANK YOU.=20
22 COUNSEL?
23 =20
24 REDIRECT EXAMINATION
25 BY MR. DUSEK:
26 Q DETECTIVE, YOU TOLD US YESTERDAY THAT THE=20
27 DEFENDANT TOLD YOU ABOUT THE REASON FOR GOING TO THE=20
28 SILVER STRAND AND THEN LEAVING THERE EARLY WAS=20
Page 239
1 BECAUSE HE DIDN'T HAVE HIS WALLET; IS THAT RIGHT?
2 A THAT'S CORRECT.=20
3 Q COUNSEL'S ASKED YOU IF YOU CONFIRMED THE=20
4 LOCATIONS WHERE HE WENT. DID YOU CONFIRM WHETHER OR=20
5 NOT HE HAD A WALLET AT THE SILVER STRAND?
6 A PERSONALLY, I DID NOT. BUT DETECTIVES DID=20
7 SPEAK WITH THE PARK RANGER AT THE SILVER STRAND. =20
8 AND THE PARK RANGER SPECIFICALLY REMEMBERED WHEN HE=20
9 WENT BACK TO TALK TO MR. WESTERFIELD ABOUT THE=20
10 OVERPAYMENT, THAT MR. WESTERFIELD INDEED PULLED HIS=20
11 WALLET FROM HIS PANT'S POCKET AND SHOWED THE RANGER=20
12 HOW MUCH MONEY HE HAD WITH HIM AT THE TIME AND=20
13 STATED, "I COULDN'T HAVE OVERPAID YOU, BECAUSE I=20
14 STILL HAVE THIS MUCH MONEY."=20
15 Q SO HE WASN'T BEING TRUTHFUL FOR HIS REASONS=20
16 FOR DOING WHAT HE WAS DOING?
17 MR. BOYCE: OBJECTION.=20
18 MR. FELDMAN: OBJECTION.=20
19 THE COURT: ONE AT A TIME. YOU DON'T GET ANY=20
20 EXTRA POINTS BECAUSE TWO OF YOU OBJECTED.=20
21 SUSTAINED.
22 MR. DUSEK: NOTHING FURTHER.=20
23 THE COURT: ANYTHING FURTHER?
24 MR. BOYCE: CAN I HAVE JUST A MOMENT?=20
25 NOTHING FURTHER, YOUR HONOR.=20
26 THE COURT: ALL RIGHT. THANK YOU. YOU'RE=20
27 EXCUSED.=20
28 MAY -- IS THIS WITNESS SUBJECT TO RECALL?
Page 240
1 MR. BOYCE: SUBJECT TO RECALL.
2 THE COURT: SIR, REMEMBER MY ADMONITIONS THAT=20
3 LAST UNTIL THIS HEARING IS OVER.=20
4 MR. DUSEK: CALL JIM WATKINS.
5 THE COURT: OKAY.
6 MR. BOYCE: YOUR HONOR, WE HAVE A RELEVANCE=20
7 OBJECTION TO THIS WITNESS'S TESTIMONY OR AT LEAST A=20
8 SUBSTANTIAL PORTION OF IT. WE THINK IT'S HIGHLY=20
9 PREJUDICIAL AND WE WOULD REQUEST AN IN-CAMERA=20
10 HEARING BEFORE THIS WITNESS TESTIFIED OR PRESENTS=20
11 ANY EVIDENCE.=20
12 THE COURT: COUNSEL?
13 MR. DUSEK: WHAT HE'S GOING TO TESTIFY TO=20
14 REGARDS TO COUNT 3, AND IT GOES TO THE MOTIVE OF=20
15 CRIME.=20
16 MR. BOYCE: YOUR HONOR, WE WANT YOU TO REVIEW=20
17 ANY EVIDENCE THAT THEY INTEND TO INTRODUCE BEFORE=20
18 THIS WITNESS IS EXAMINED ABOUT IT OR BEFORE THE=20
19 EVIDENCE IS PRESENTED.=20
20 MR. DUSEK: MAKE AN OFFER OF PROOF THAT THESE=20
21 EXHIBITS CAME OFF THE DEFENDANT'S COMPUTER PURSUANT=20
22 TO A SEARCH WARRANT AND HIS CONSENT.
23 MR. BOYCE: WELL, YOUR HONOR, THERE'S NO=20
24 EVIDENCE THAT THESE PHOTOS ARE ILLEGAL. THERE'S NO=20
25 EVIDENCE THAT THEY WERE DOWNLOADED BY=20
26 MR. WESTERFIELD OR WHO THEY WERE DOWNLOADED BY. AND=20
27 THERE'S NO EVIDENCE THAT THERE IS ANY LAW VIOLATION=20
28 FOR THESE PHOTOS OR THAT THEY HAVE ANY RELEVANCE=20
Page 241
1 UNTIL YOUR HONOR HAS A CHANCE TO REVIEW THEM.=20
2 THE COURT: ARE YOU TELLING ME THAT THESE ARE=20
3 PHOTOGRAPHS THAT APPLY TO SOMETHING OTHER THAN=20
4 COUNT 3?
5 MR. DUSEK: THEY APPLY TO COUNT 3 AND THEY WILL=20
6 ALSO INDICATE MOTIVE FOR WHY HE DID WHAT HE DID.
7 THE COURT: I UNDERSTAND THE MOTIVE. I=20
8 UNDERSTAND THAT.=20
9 THEY ALSO APPLY TO COUNT 3?
10 MR. DUSEK: YES.
11 MR. BOYCE: YOUR HONOR, AS FAR AS COUNT 3, I=20
12 HAVE REVIEWED THE PHOTOGRAPHS AND I DON'T BELIEVE=20
13 THAT ANY OF THEM ARE -- COME WITHIN THE AMBIT OF=20
14 COUNT 3 AS DEFINED BY THE PENAL CODE.
15 THE COURT: WELL, WHAT I WILL DO FOR YOU, I'LL=20
16 AT LEAST REVIEW THE PHOTOGRAPHS, AND THEN I'LL=20
17 DETERMINE WHETHER OR NOT WE'RE GOING TO HAVE ANY=20
18 SORT OF IN-CAMERA HEARING.=20
19 MR. BOYCE: THANK YOU.=20
20 THE COURT: MAY I SEE THEM, PLEASE. MAY WE HAVE=20
21 THEM MARKED SO THAT WHEN I MAKE SOME SORT OF A=20
22 RULING, SOMEONE ELSE WILL KNOW WHAT I'M REFERRING=20
23 TO.
24 MR. DUSEK: YOUR HONOR, MARKED AS PEOPLE'S=20
25 EXHIBIT 4, COLOR PHOTOGRAPHS, MULTIPLE PAGES THAT=20
26 SEEM TO BE ATTACHED WITH A PAPER CLIP.=20
27 AND HAVE BEEN MARKED AS PEOPLE'S EXHIBIT 5,=20
28 MULTIPLE PAGES OF LOOKS LIKE ANIMATIONS, CARTOONS.
Page 242
1 THE COURT: ALL RIGHT. THANK YOU.
2 (PEOPLE'S EXHIBITS 4 AND 5 MARKED FOR=20
3 IDENTIFICATION.)
4 MR. BOYCE: I OBJECT AS FAR AS RELEVANCE, 352,=20
5 AND 1101.
6 THE COURT: THANK YOU.
7 (PAUSE IN PROCEEDINGS WHILE COURT REVIEWS=20
8 EXHIBITS.)
9 MR. FELDMAN: YOUR HONOR, EXCUSE ME. YOU'RE=20
10 DISPLAYING TO THE AUDIENCE.
11 THE COURT: IF THEY CAN SEE UP HERE, I WOULD=20
12 BE --
13 MR. FELDMAN: THERE'S CAMERAS WITH ZOOM LENSES.
14 THE COURT: DON'T ZOOM IN ON THESE.=20
15 THANK YOU FOR POINTING THAT OUT. I DIDN'T=20
16 THINK ABOUT THAT. I COULDN'T IMAGINE THAT THEY=20
17 COULD DO THAT.
18 (PAUSE IN PROCEEDINGS WHILE COURT REVIEWS=20
19 EXHIBITS.)
20 THE COURT: WHAT'S THE OBJECTION, AGAIN, PLEASE?
21 MR. BOYCE: THE OBJECTION IS RELEVANCE, 352, AND=20
22 1101, AND ALSO UNDER THE FIFTH, SIXTH, AND THE 14TH=20
23 AMENDMENT OF THE CONSTITUTION, YOUR HONOR.
24 THE COURT: LET'S TRY THE FIFTH, SIX, AND 14TH=20
25 AMENDMENT TO THE CONSTITUTION. WHAT DO YOU MEAN?
26 MR. BOYCE: PROSECUTION HAS OFFERED THEM AS=20
27 MOTIVE, APPARENTLY. BUT THAT'S PURELY SPECULATION. =20
28 AND UNDER THE FIFTH, SIXTH, AND 14TH AMENDMENT TO=20
Page 243
1 THE CONSTITUTION IT'S A VIOLATION OF=20
2 MR. WESTERFIELD'S DUE PROCESS RIGHTS TO HAVE THOSE=20
3 PRESENTED, BECAUSE OF THE UNDULY PREJUDICIAL NATURE=20
4 OF THE PHOTOGRAPHS, AND ATTEMPTING TO EITHER AS A=20
5 BINDOVER OR TO CONVICT HIM AT TRIAL.=20
6 WE WOULD ALSO REQUEST ANY -- WE WOULD ALSO=20
7 REQUEST COPIES OF THOSE PHOTOS IN ORDER TO PRESENT=20
8 AN AFFIRMATIVE DEFENSE AT PRELIMINARY HEARING AND=20
9 CONSULT WITH OUR OWN EXPERT.
10 THE COURT: WELL, I'M SURE THAT YOU CAN HAVE=20
11 COPIES OF THESE PHOTOS.
12 MR. DUSEK: I'M NOT SURE THEY CAN. I THINK IT'S=20
13 ILLEGAL TO POSSESS THOSE. THEY CAN -- THEY HAVE=20
14 BEEN TOLD THAT THEY CAN LOOK AT THEM AT OUR=20
15 FACILITIES, BUT TO DUPLICATE AND DISTRIBUTE THAT=20
16 MATERIAL --
17 THE COURT: EVEN FOR THE PURPOSES OF PRESENTING=20
18 A DEFENSE?
19 MR. DUSEK: I BELIEVE SO.=20
20 MR. BOYCE: WE'RE REQUESTING THEM IN A=20
21 CONFIDENTIAL MANNER, YOUR HONOR. THIS CAN BE=20
22 RESOLVED AT ANY TIME.
23 THE COURT: I THINK WE CAN RESOLVE THAT LATER. =20
24 I CERTAINLY THINK YOU'RE ENTITLED TO HAVE ACCESS TO=20
25 THEM IF YOU'RE NOT ENTITLED TO COPY THEM. AND RIGHT=20
26 NOW, I DON'T HAVE THE LAW IN FRONT OF ME TO=20
27 DETERMINE WHETHER OR NOT IT'S APPROPRIATE TO EVEN=20
28 ALLOW IT OR I'M NOT SURE I CAN'T ALLOW IT.=20
Page 244
1 I KNOW THAT I'VE ALWAYS HEARD THAT YOU'RE=20
2 NOT ALLOWED TO PHOTOCOPY MONEY. AND HOW MANY DRUG=20
3 CASES DO WE SEE WHERE WE HAVE PHOTOCOPIES OF THE=20
4 MONEY THAT WAS SEIZED FROM THE DEFENDANT? SO I=20
5 DON'T KNOW.=20
6 BUT I WILL MAKE SURE THERE'S AN=20
7 ACCOMMODATION SO THAT YOU HAVE ACCESS TO THEM, AND=20
8 I'LL SPEND A LITTLE TIME TRYING TO DETERMINE WHETHER=20
9 OR NOT IT WOULD BE A VIOLATION OF THE LAW TO ALLOW=20
10 YOU TO PHOTOCOPY THAT.=20
11 NOW, WHAT DOES THE PROSECUTION HAVE TO SAY=20
12 OTHER THAN MOTIVE?
13 MR. DUSEK: THAT THE ITEMS INDICATE A CRIME THAT=20
14 WE HAVE ALLEGED IN 311.11. THE WITNESSES WILL BE=20
15 HERE TO TESTIFY REGARDING THE ACQUISITION OF THESE=20
16 ITEMS. AND THE TRIER OF FACT WILL BE ABLE TO MAKE A=20
17 DETERMINATION BASED UPON THE EVIDENCE THAT'S HEARD=20
18 AND OBSERVATIONS OF THESE EXHIBITS.=20
19 THE COURT: IS IT YOUR POSITION THAT THE=20
20 CARTOONS CONSTITUTE A VIOLATION OF COUNT 3?
21 MR. DUSEK: I BELIEVE THE CARTOONS GO TO THE=20
22 MOTIVE.
23 PERHAPS ANIMATION IS BETTER THAN CARTOON.
24 THE COURT: CARTOONS, ANIMATION, SAME THING. =20
25 DEPENDS HOW OLD YOU ARE. WHEN I GREW UP, IT'S=20
26 CARTOONS.=20
27 THE OBJECTION IS OVERRULED.=20
28 MR. DUSEK: DETECTIVE WATKINS.
Page 245
1 =20
2 JAMES M. WATKINS,
3 PEOPLE'S WITNESS, HAVING BEEN FIRST DULY SWORN,=20
4 TESTIFIED AS FOLLOWS: =20
5 =20
6 THE COURT: PLEASE TAKE THE STAND.=20
7 COUNSEL, BEFORE THESE PHOTOGRAPHS,=20
8 ANIMATIONS ARE DISPLAYED, PLEASE MAKE SURE YOU CAN=20
9 LAY A FOUNDATION. OKAY?
10 MR. DUSEK: I DON'T INTEND TO DISPLAY THEM, YOUR=20
11 HONOR.
12 THE COURT: OH, OKAY.
13 MR. DUSEK: THEY PROBABLY CAN'T BE PUBLISHED=20
14 ANYWAY.=20
15 =20
16 DIRECT EXAMINATION
17 BY MR. DUSEK:
18 Q SIR, WOULD YOU STATE YOUR FULL NAME,=20
19 PLEASE, AND SPELL YOUR LAST NAME.
20 A JAMES M. WATKINS, W-A-T-K-I-N-S.=20
21 Q HOW ARE YOU EMPLOYED, SIR?
22 A I'M A DETECTIVE WITH THE SAN DIEGO POLICE=20
23 DEPARTMENT.=20
24 Q HOW LONG HAVE YOU BEEN WITH THE POLICE=20
25 DEPARTMENT?
26 A APPROXIMATELY 19 YEARS.=20
27 Q WHAT'S YOUR CURRENT ASSIGNMENT?
28 A I'M CURRENTLY ASSIGNED TO THE REGIONAL=20
Page 246
1 COMPUTER FORENSICS LABORATORY AS A COMPUTER=20
2 FORENSICS EXAMINER.=20
3 Q WHAT DO YOU DO THERE?
4 A WHAT WE DO THERE IS EXTRACT EVIDENCE FROM=20
5 COMPUTERS AND DIGITAL EVIDENCE. WE EXTRACT IT=20
6 WITHOUT ALTERATION TO THE ORIGINAL FORM AND THEN WE=20
7 MAKE IT IN A PRESENTABLE MANNER FOR COURT.
8 Q WOULD YOU TELL US YOUR BACKGROUND THAT=20
9 QUALIFIES YOU TO DO THAT WORK WITH COMPUTERS.
10 A I'M CERTIFIED BY THE FBI LABORATORY IN=20
11 WASHINGTON, D.C. AS A COMPUTER FORENSICS EXAMINER. =20
12 I'M ALSO A MEMBER OF THE FBI'S COMPUTER ANALYSIS=20
13 RESPONSE TEAM. AS PART OF THAT CERTIFICATION, I'VE=20
14 RECEIVED APPROXIMATELY 800 HOURS OF TRAINING=20
15 SPECIFICALLY RELATED TO COMPUTER FORENSICS.=20
16 SOME OF THE TRAINING I'VE RECEIVED WAS THE=20
17 INITIAL TRAINING BY THE FBI COMPUTER ANALYSIS=20
18 RESPONSE TEAM HERE IN SAN DIEGO. THEY CAME OUT AND=20
19 TAUGHT THE CLASS HERE. I RECEIVED NUMEROUS CLASSES=20
20 AT THE FBI ACADEMY IN QUANTICO, VIRGINIA, BY THE=20
21 COMPUTER ANALYSIS RESPONSE TEAM. THE COMPUTER=20
22 TRAINING UNIT, AND THE NATIONAL INFRASTRUCTURE AND=20
23 PROTECTION CENTER, ALSO KNOWN AS NIPC.=20
24 I RECEIVED TRAINING BY THE INTERNATIONAL=20
25 ASSOCIATION OF COMPUTER INVESTIGATIVE SPECIALISTS,=20
26 THE NATIONAL WHITE COLLAR CRIME CENTER, THE SEARCH=20
27 GROUP UP IN SACRAMENTO, CALIFORNIA, AND THEN SOME=20
28 CLASSES HERE BY THE UCSD SUPERCOMPUTER CENTER.
Page 247
1 Q HOW LONG HAVE YOU BEEN IN YOUR CURRENT=20
2 ASSIGNMENT?
3 A APPROXIMATELY THREE YEARS.
4 Q BEFORE THAT, DID YOU WORK WITH COMPUTERS?
5 A I'VE WORKED WITH COMPUTERS BUT NOT IN THE=20
6 SAME CAPACITY.=20
7 Q LET ME DIRECT YOUR ATTENTION BACK TO THE=20
8 EARLY PART OF FEBRUARY OF THIS YEAR. DID YOU BECOME=20
9 INVOLVED IN THE EXECUTION OF A SEARCH WARRANT AT=20
10 MR. WESTERFIELD'S RESIDENCE?
11 A YES, SIR, I DID.=20
12 Q DID YOU BECOME INVOLVED IN THAT TYPE OF=20
13 WORK IN YOUR CURRENT CAPACITY?
14 A IT IS A -- IT'S A COMMON ASSIGNMENT FOR US,=20
15 YES, SIR.
16 Q WHAT TYPE OF SITUATIONS?
17 A WE HAVE DONE COMPUTERS IN ALL SORTS OF=20
18 SITUATIONS FROM EVERYTHING FROM HOMICIDES TO CHILD=20
19 ABUSE, TERRORISM, JUST IT RUNS THE WHOLE GAMUT, SIR.
20 Q WHY ARE YOU CALLED IN TO ASSIST THE OTHER=20
21 INDIVIDUALS?
22 A COMPUTER EVIDENCE IS A DELICATE EVIDENCE. =20
23 ONE OF THE THINGS THAT I TEACH -- I TEACH IT, YOU=20
24 KNOW, HERE IN THE COUNTY, THE GUIDELINES THAT HAVE=20
25 BEEN WRITTEN, THAT COMPUTER EVIDENCE IS FRAGILE. IT=20
26 CAN BE ALTERED, ACCIDENTALLY. IT CAN BE DAMAGED. =20
27 AND IF NOT HANDLED PROPERLY, IT CAN ACTUALLY CEASE=20
28 TO EXIST. UNLIKE REGULAR EVIDENCE.=20
Page 248
1 Q WHEN WERE YOU NOTIFIED THAT THEY NEEDED=20
2 YOUR ASSISTANCE TO EXECUTE THE SEARCH WARRANT?
3 A IT WAS THE MONDAY, WOULD BE THE FIRST=20
4 MONDAY AFTER DANIELLE VAN DAM WAS MISSING. IT WAS=20
5 THAT EVENING.=20
6 Q WHERE DID YOU GO?
7 A I WAS REQUESTED TO GO DOWN INITIALLY TO THE=20
8 NORTHEAST DIVISION SUBSTATION AND THEN FROM THERE=20
9 WENT TO MR. WESTERFIELD'S HOUSE.
10 Q DO YOU RECALL THE ADDRESS?
11 A NOT OFFHAND, NO, SIR.=20
12 Q WERE YOU WITH ANY OTHER OFFICERS?
13 A I WAS WITH SERGEANT HOLMES, HOMICIDE=20
14 TEAM --
15 THE REPORTER: HOMICIDE TEAM WHAT?
16 THE WITNESS: 4.
17 BY MR. DUSEK:
18 Q ANY OTHER COMPUTER PEOPLE WORKING WITH YOU?
19 A YES, THERE WAS. THERE WAS COMPUTER=20
20 SPECIALISTS WITH THE FBI, MR. LEE YOUNGFLESH,=20
21 Y-O-U-N-G-F-L-E-S-H.
22 Q DID YOU TAKE ANY EQUIPMENT WITH YOU?
23 A YES, SIR, I DID.=20
24 Q WHAT?
25 A I TOOK -- WE TOOK MOBILE OR FIELD IMAGING=20
26 KITS WHICH ARE MOBILE COMPUTERS. WE ALSO TOOK JUST=20
27 DIFFERENT PIECES OF MEDIA, SUCH AS HARD DRIVES, THAT=20
28 WE COULD CREATE WHICH IS CALLED IMAGING.=20
Page 249
1 Q WHY?
2 A WHAT WE WANTED TO DO IS CREATE AN IMAGE OR=20
3 A COPY OF THE HARD DRIVES OF MR. WESTERFIELD'S=20
4 COMPUTERS.=20
5 Q DID YOU GO THROUGH HIS HOUSE TO SEE IF HE=20
6 HAD ANY COMPUTERS?
7 A WE WERE DIRECTED TO THE UPSTAIRS INTO AN=20
8 OFFICE. AND ONCE WE WERE DIRECTED TO THE OFFICE, WE=20
9 SET OUR EQUIPMENT UP THERE AND DID THE IMAGING IN=20
10 THERE.=20
11 Q DESCRIBE FOR US WHAT YOU DID WITH THESE=20
12 COMPUTERS.
13 A WHAT WE DID WE TOOK THE HARD DRIVES OUT OF=20
14 THE COMPUTERS. THE HARD DRIVE IS BASICALLY THE=20
15 MEMORY OF THE COMPUTER WHERE ALL THE DATA IS STORED. =20
16 WE REMOVED THE HARD DRIVES FROM THE COMPUTERS IN THE=20
17 OFFICE. WE THEN ATTACHED THOSE HARD DRIVES TO OUR=20
18 FIELD IMAGING KITS, WE CREATED THE COPY, WE THEN=20
19 REPLACE THE HARD DRIVE AND MADE SURE THE COMPUTERS=20
20 STARTED BACK UP.
21 Q WHEN YOU DID THAT, WHAT DID THAT GIVE YOU?
22 A WHAT THAT GAVE US WAS A DUPLICATE OF THE=20
23 ORIGINAL HARD DRIVE. EVERY PIECE OF DATA THAT WAS=20
24 ON THE ORIGINAL HARD DRIVE WAS THEN COPIED OVER TO=20
25 FILES ONTO OUR HARD DRIVE.
26 Q HOW DOES SOMETHING GET ONTO THE HARD DRIVE=20
27 IN A PERSON'S COMPUTER?
28 A IT IS USUALLY -- IT'S PLACED -- IT'S EITHER=20
Page 250
1 DIRECTLY PLACED ON THERE FROM, YOU KNOW, BY THE=20
2 COMPUTER USERS, BY EITHER INSERTING A DISKETTE, A CD=20
3 ROM, INSTALLING A PROGRAM, GETTING ON THE INTERNET=20
4 AND DOWNLOADING INFORMATION. BUT IT'S USUALLY AN=20
5 ACT THAT THE USER HAS TO PERFORM.=20
6 Q AFTER YOU DID WHAT YOU JUST DESCRIBED, DID=20
7 YOU DO OTHER STUFF WITH THE COMPUTER?
8 A WITH THOSE COMPUTERS, WHEN I WENT BACK TO=20
9 THE -- WELL, WE DID THESE COMPUTERS.=20
10 WE WERE DIRECTED TO A THIRD COMPUTER IN A=20
11 BEDROOM, WHICH WAS A GATEWAY MINITOWER. WE IMAGED=20
12 THAT COMPUTER.=20
13 WE WERE THEN BROUGHT A LAPTOP COMPUTER BY=20
14 LIEUTENANT COLLINS, WE IMAGED THAT ONE. AND ALSO A=20
15 PALM PILOT AND WE IMAGED THAT. =20
16 Q WHEN YOU COMPLETED THAT WORK, WHAT DID YOU=20
17 DO?
18 A IT'S OUR HABIT AND CUSTOM ON WHENEVER WE'RE=20
19 DOING IMAGINING TO LOOK AROUND THE SCENE TO SEE IF=20
20 THERE IS ANYTHING THAT WOULD BE HELPFUL, SUCH AS=20
21 THESE COMPUTERS I BELIEVE THEY HAD DIFFERENT DEVICES=20
22 HOOKED UP TO THEM. WE USUALLY LOOK FOR OWNER=20
23 MANUALS, USER MANUALS, BOOKS, THINGS THAT WOULD HELP=20
24 US IN, LATER ON IN OUR ANALYSIS.=20
25 MR. YOUNGFLESH FOUND AN ENVELOPE ON A=20
26 BOOKCASE THAT WAS STICKING UP BEHIND SOME BOOKS. =20
27 IT'S COMMON PRACTICE FOR PEOPLE TO PUT EVERYTHING=20
28 FROM COMPUTER PASSWORDS, MANUALS, THINGS THAT WE=20
Page 251
1 FIND USEFUL IN OUR EXAMINATION IN THESE TYPE OF=20
2 ENVELOPES LIKE THAT.=20
3 MR. YOUNGFLESH OPENED THE ENVELOPE AND=20
4 FOUND --=20
5 THE COURT: YOU'RE GOING TO HAVE TO SLOW DOWN A=20
6 LITTLE BIT.
7 THE WITNESS: I'M SORRY.
8 THE REPORTER: "MR. YOUNGFLESH"?
9 THE WITNESS: MR. YOUNGFLESH FOUND AN ENVELOPE=20
10 ON A BOOKCASE BEHIND SOME BOOKS, IT WAS STICKING UP,=20
11 AND YOU COULD SEE THE TOP QUARTER, I WOULD SAY, OF=20
12 THIS ENVELOPE. INSIDE THE ENVELOPE WERE THREE ZIP=20
13 DISKS AND THREE CD ROMS.
14 BY MR. DUSEK:=20
15 Q WHAT'S A ZIP DISK?
16 A A ZIP DISK IS -- IT'S ABOUT TWO-AND-A-HALF=20
17 INCHES BY TWO-AND-A-HALF INCHES. IT LOOKS LIKE, IF=20
18 YOU'RE FAMILIAR WITH COMPUTERS, A FLOPPY DISK WHICH=20
19 IS SOMETHING THAT INFORMATION IS STORED ON REMOTELY,=20
20 SUCH AS YOU CAN TAKE THIS DISK, YOU CAN PUT IT INTO=20
21 THE COMPUTER, EITHER TRANSFER FILES TO THIS DISK,=20
22 AND STORE INFORMATION ON IT, OR TAKE INFORMATION OFF=20
23 IT AND LOOK AT IT.=20
24 BUT IT'S ALSO A WAY THAT YOU CAN MOVE=20
25 INFORMATION FROM ONE PLACE TO ANOTHER. IT'S ALSO A=20
26 WAY THAT YOU CAN HAVE INFORMATION AVAILABLE WITHOUT=20
27 LEAVING IT ON YOUR COMPUTER.
28 Q AND YOU ALSO SAID A CD ROM WAS FOUND OR A=20
Page 252
1 COUPLE OF THEM?
2 A YES, SIR. THERE WERE SEVERAL, I BELIEVE=20
3 THREE CD ROMS THAT WE IDENTIFIED.=20
4 Q LET'S ASSUME I KNOW NOTHING ABOUT=20
5 COMPUTERS. WHAT IS A CD ROM?
6 A A CD ROM IS A -- IT'S A SMALL PLATTER, IT=20
7 LOOKS -- IT'S MADE OF PLASTIC. INSIDE THE PLASTIC=20
8 IS A COAT. INFORMATION IS STORED ON THIS. IN THE=20
9 COMPUTER, THERE IS A DEVICE CALLED THE CD ROM READER=20
10 WHICH HAS A LASER IN IT. THIS LASER ACTUALLY GOES=20
11 AND READS THE MARKINGS INSIDE THIS DISKETTE OR THIS=20
12 PLATTER. THE PLATTER SPINS AROUND. AS IT SPINS=20
13 AROUND, THE DATA, THE LASER READS THE DATA AND THEN=20
14 THE COMPUTER INTERPRETS IT AND SEES THE INFORMATION.=20
15 Q ONCE YOU COMPLETED THOSE EFFORTS, WHAT NEXT=20
16 DID YOU DO ON THAT OCCASION?
17 A WE, BECAUSE WE WERE CALLED TO THE SCENE TO=20
18 JUST DO THE IMAGING, WHEN WE FOUND THE DISKS, WE DID=20
19 WHAT IS CALLED A PREVIEW WHERE WE CAN LOOK AT THE=20
20 ZIP DISKS AND THE CD ROM WITHOUT DOING ANY WRITING=20
21 TO THEM, WHICH WOULD ALTER IT. WE SCANNED THROUGH=20
22 IT, AND MR. YOUNGFLESH SAW WHAT HE FELT -- WHAT HE=20
23 REFERRED TO AS QUESTIONABLE IMAGES.
24 Q WHICH MEANS WHAT?
25 A WHICH MEANS IT LOOKS LIKE IT WAS -- IT HAD=20
26 DEPICTIONS OF PEOPLE UNDER THE AGE OF 18 THAT WERE=20
27 EITHER CLOTHED OR PARTIALLY -- I'M SORRY. NAKED OR=20
28 PARTIALLY NAKED. AND WHO WERE EITHER ENGAGED IN=20
Page 253
1 SEXUAL ACTS OR IN SEXUAL POSES, THAT SORT OF THING.
2 Q WHEN YOU GOT THAT INFORMATION, WHAT DID YOU=20
3 DO?
4 A WHEN WE GOT THAT INFORMATION, IT WAS OUR=20
5 BELIEF THAT IT WAS A POSSIBLY IT WAS A VIOLATION OF=20
6 311 OF THE PENAL CODE. RATHER THAN CONTINUE WITH=20
7 THE EXAMINATION, WE SET THOSE ASIDE AND INFORMED I=20
8 BELIEVE IT WAS DETECTIVE HERGENROEATHER THAT THESE=20
9 WERE PROBABLY CONTRABAND AND SHOULD PROBABLY BE=20
10 SEIZED.=20
11 Q WERE THEY?
12 A YES, THEY WERE.=20
13 Q WAS ANYTHING ELSE TAKEN FROM HIS HOME=20
14 REGARDING THE COMPUTERS AT THAT TIME?
15 A TO MY KNOWLEDGE, ALL THAT WERE SEIZED=20
16 COMPUTER-RELATED WERE THOSE -- THE IMAGES WE MADE,=20
17 BUT AGAIN, WE LEFT THE ORIGINAL HARD DRIVES, THE=20
18 ORIGINAL COMPUTERS AT THE SCENE.=20
19 WE TOOK OUR IMAGES WITH US BACK TO THE=20
20 LABORATORY, AND I BELIEVE IT WAS THE ZIP DISKS AND=20
21 THE CD'S WERE TAKEN BACK BY THE SAN DIEGO P.D.
22 Q THE IMAGES THAT YOU TOOK, WERE THEY=20
23 REVIEWED?
24 A YES, THEY WERE.=20
25 Q DID YOU FIND ANYTHING OF A SEXUAL NATURE IN=20
26 WHAT YOU REVIEWED?
27 A YES, SIR, WE DID.=20
28 Q DID YOU FIND ANY OUTLINE OR ORGANIZATIONAL=20
Page 254
1 SYSTEM IN MR. WESTERFIELD'S RESIDENCE?
2 A I'M SORRY?
3 Q REGARDING THE COMPUTERS.
4 A THE COMPUTERS, EVERYTHING WAS VERY WELL OR=20
5 VERY HIGHLY ORGANIZED. THE WAY THAT A COMPUTER IS=20
6 ORGANIZED, WOULD BE LIKE A FILE CABINET. YOU HAVE=20
7 FOLDERS OR DIRECTORIES OR FILE DRAWERS WHICH WOULD=20
8 BE CONSIDERED A FOLDER OR DIRECTORY. INSIDE EACH OF=20
9 THOSE FILES OR DRAWERS ARE OTHER FILES OR FOLDERS. =20
10 YOU COULD HAVE INSIDE THOSE FOLDERS ADDITIONAL=20
11 FOLDERS.=20
12 THAT WAY YOU CAN TAKE INFORMATION AND HAVE =20
13 IT CATEGORIZED DOWN FOR LIKE PICTURES, YOU COULD=20
14 HAVE A VERY BROAD SUBJECT SUCH AS PICTURES. THEN IN=20
15 THAT PICTURE FOLDER, YOU CAN HAVE FOLDERS UNDERNEATH=20
16 THAT OR DIVIDED UP INTO ADDITIONAL AREAS OR EVEN OF=20
17 STORAGE, SO YOU COULD HAVE LITERALLY HUNDREDS OF=20
18 FILE FOLDERS THAT WOULD CONTAIN FILES OR PICTURES.=20
19 Q HE HAD DONE THAT IN THIS CASE?
20 A YES, SIR.
21 Q HAD HE LABELED SOME OF HIS FILE FOLDERS?
22 A YES, HE HAD.=20
23 Q IN RELATION TO WHAT WE'RE TALKING ABOUT=20
24 HERE TODAY, WHAT WERE SOME OF THE LABELS?
25 A SOME OF THE LABELS WERE "TEEN," "BIG RED,"=20
26 THERE WERE "FARM ONE." THOSE WERE THE ONES THAT THE=20
27 FILES IN QUESTION TODAY. BUT THERE WERE HUNDREDS OF=20
28 OTHER FILE NAMES OR FOLDER NAMES.=20
Page 255
1 Q ANY OF THEM SPECIFICALLY RELATING TO SEX?
2 A THERE WAS ONE THAT WAS LABELED "BLOW JOB"=20
3 OR "BJ." I'M SORRY. "BJ." IT WAS UNDER -- I=20
4 BELIEVE IT WAS UNDER .JPG, WHICH IS A FILE=20
5 DESIGNATION FOR DIGITAL PHOTOS. AND INSIDE THAT --=20
6 INSIDE THAT DIRECTORY WERE NUMEROUS PICTURES THAT=20
7 DEPICTED ORAL SEX.=20
8 Q HOW MANY IMAGES WERE YOU ABLE TO RETRIEVE?
9 A FROM AN OVERALL, THERE WERE THOUSANDS OF=20
10 PICTURES. BUT FROM A QUESTIONABLE STANDPOINT, WE=20
11 RETRIEVED APPROXIMATELY, I WOULD SAY, LESS THAN A=20
12 HUNDRED.
13 Q AND DID YOU PROVIDE ME, AND WE HAVE BEEN=20
14 ABLE TO SHOW COUNSEL, SOME OF THOSE IMAGINES THAT=20
15 YOU BROUGHT?
16 A YES, I DID.
17 Q I'VE HAD MARKED AS PEOPLE'S EXHIBIT 4=20
18 MULTI-PAGE COLOR DOCUMENTS. IT APPEARS TO CONTAIN=20
19 FOUR PHOTOGRAPHS ON EACH PAGE.=20
20 DO YOU RECOGNIZE WHAT WE HAVE DEPICTED=20
21 THERE?
22 A YES, I DO.
23 Q BASICALLY --
24 MR. BOYCE: YOUR HONOR, MAY I APPROACH?
25 THE COURT: OF COURSE.
26 BY MR. DUSEK:
27 Q THERE APPEAR TO BE HUMANS INVOLVED IN THESE=20
28 PHOTOGRAPHS?
Page 256
1 A YES, SIR, THERE ARE.
2 Q MALE OR FEMALE?
3 A THEY ARE FEMALE.
4 Q THEY APPEAR TO BE YOUNG?
5 A YES, SIR.
6 Q DO THEY APPEAR TO BE ENGAGED IN SEXUAL=20
7 ACTIVITIES?
8 A THEY APPEAR TO BE ENGAGED IN SEXUAL=20
9 ACTIVITY OR IN SEXUAL POSES.
10 Q WITH WHAT?
11 A ON THE FIRST PAGE IT APPEARS TO BE WITH=20
12 ANIMALS.=20
13 Q BASICALLY, THE FIRST FOUR PAGES THEY ALL=20
14 APPEAR TO BE ANIMALS?
15 A THE FIRST FOUR PAGES APPEAR TO BE ANIMALS,=20
16 YES, SIR.
17 Q WE GO DOWN BELOW THAT, WHAT DO WE HAVE ON=20
18 THE REMAINING PAGES?
19 A THE REMAINING PAGES ARE PICTURES OF WHAT=20
20 APPEAR TO BE PEOPLE OR GIRLS UNDER THE AGE OF 18. =20
21 THEY APPEAR TO BE IN SEXUALLY EXPLICIT POSES.=20
22 Q THEY ALSO APPEAR TO BE ENGAGED IN SEXUAL=20
23 ACTS?
24 A YES, SIR.=20
25 Q I'VE ALSO HAD MARKED AS PEOPLE'S EXHIBIT 5=20
26 WHAT APPEARS TO BE A MULTI-PAGE DOCUMENT. IT=20
27 APPEARS TO BE DRAWINGS, CARTOON OR ANIMATIONS, IF=20
28 YOU WILL, WITH DIALOGUE INVOLVED.=20
Page 257
1 DO YOU RECOGNIZE THIS?
2 A YES, SIR, I DO.=20
3 Q WHAT IS THIS?
4 A THESE ARE ANIMATION OR DIGITAL PHOTOS, OR=20
5 ANIMATION ACTUALLY, AND THEY APPEAR TO BE A SERIES=20
6 OF PHOTOGRAPHS, OR OF ANIMATIONS.
7 Q IS THERE A DIALOGUE THAT APPEARS TO DEPICT=20
8 THE TWO INDIVIDUALS TALKING?
9 A YES, SIR, THERE IS.=20
10 Q CAN YOU DESCRIBE THE TWO INDIVIDUALS JUST=20
11 GENERICALLY.
12 A GENERICALLY, BY LOOKING AT THE PICTURE, IT=20
13 APPEARS TO BE A YOUNG FEMALE. AS YOU GO THROUGH THE=20
14 SERIES, IT APPEARS THE FEMALE IS BOUND BY ROPE, WITH=20
15 HER HANDS APPARENTLY BEHIND HER BACK.=20
16 LOOKING, AS YOU GO THROUGH THE SERIES, THE=20
17 FEMALE HAS NOW GOT HER HANDS ABOVE HER HEAD, APPEARS=20
18 TO BE TIED BY A OR BOUND BY A LEATHER STRAP OF SOME=20
19 SORT. PERSON'S BEING PULLED. HER DRESS IS BEING=20
20 PULLED UP. SHE APPEARS TO BE FIGHTING, TELLING A=20
21 PERSON NOT TO TOUCH HER, ASKING HER NOT TO RAPE HER.=20
22 THE OTHER DIALOGUE THE PERSON IS -- APPEARS=20
23 TO BE MAKING STATEMENTS OF A SEXUALLY EXPLICIT=20
24 NATURE REGARDING WANTING TO HAVE FORCEFUL SEX WITH=20
25 THE PERSON.=20
26 GOING THROUGH, THE PERSON APPEARS TO BE=20
27 HAVING VAGINAL INTERCOURSE. CONTINUING THROUGH, THE=20
28 PERSON HAS HAD THE FEMALE OR THE GIRL IS HAVING ORAL=20
Page 258
1 SEX WITH THE MAN. THEN IT CONTINUES ON. THE TWO=20
2 SERIES ARE VERY SIMILAR.=20
3 THE COURT: NEXT QUESTION.
4 MR. DUSEK: THANK YOU, SIR.
5 BY MR. DUSEK:
6 Q DO YOU RECALL HOW THIS WAS LABELED IN HIS=20
7 COMPUTER?
8 A THESE WERE LABELED UNDER THE -- IT APPEARS=20
9 THAT THERE WERE TWO DEFINITE SERIES THAT WERE=20
10 LABELED 01BR AND THEN 02BR, THAT WAS IN THE=20
11 DIRECTORY OF "BIG RED."=20
12 THE OTHER ONE WHICH WAS 01DB THEN 02DB AND=20
13 SO ON WAS LABELED UNDER, IF I MAY LOOK AT MY NOTES. =20
14 THEY'RE BOTH IN WHAT'S CALLED SUBDIRECTORIES, GOING=20
15 BACK TO HOW YOU ASKED HOW IT WAS CATEGORIZED. IT=20
16 WAS THE MAIN FOLDER OF "SWIM," UNDER "SWIM" A SECOND=20
17 FOLDER THAT WAS "CARTOONS," AND THEN UNDER=20
18 "CARTOONS" WAS THE DIRECTORY OR FOLDER OF "BIG RED,"=20
19 WHICH HAD THE IMAGES 1BR, 2BR, ET CETERA.=20
20 IT ALSO HAD A SECOND FOLDER IN IT THAT WAS=20
21 "DEEP BLACK," WHICH HAD THE SECOND SERIES.=20
22 Q DID YOU FIND ANY PHOTOGRAPHS IN HIS=20
23 COMPUTERS RELATING TO REAL PEOPLE, YOUNG GIRLS?
24 A YES, SIR.
25 Q WHO WERE THEY?
26 A I FOUND PICTURES OF A PERSON IDENTIFIED=20
27 APPEARED TO BE A FEMALE BY THE NAME OF DANIELLE THAT=20
28 BY LOOKING THROUGH SOME OF THE CORRESPONDENCE=20
Page 259
1 APPEARED TO BE THE DAUGHTER OF A GIRLFRIEND.
2 Q HOW OLD WAS THE DAUGHTER?
3 A THE DAUGHTER APPEARED TO ME TO BE IN HER=20
4 EARLY TO MID TEENS.
5 Q HOW WAS SHE POSITIONED IN THE PHOTOGRAPHS?
6 A THERE WAS ONE PHOTOGRAPH I FOUND OF HER=20
7 THAT SHE WAS POSING WITH I BELIEVE HER MOTHER. AND=20
8 THEN THERE WERE SEVERAL OTHER PHOTOGRAPHS WHERE SHE=20
9 WAS IN A BIKINI AND WAS SITTING ON THE EDGE OF A=20
10 JACUZZI OR PARTIALLY IN THE JACUZZI, EXCUSE ME. AND=20
11 THEN THERE WERE SEVERAL PHOTOS OF THIS GIRL IN A=20
12 BIKINI THAT APPEARED TO BE ON A LOUNGE BY THE -- BY=20
13 A POOL AREA IN A BIKINI WITH A TOWEL OVER HER FACE=20
14 SO JUST HER CHEST AND BELOW WERE SEEN.=20
15 Q DO YOU RECALL HOW HER LEGS WERE POSITIONED?
16 A IN ONE OF THE PHOTOS -- IN ALL OF THE=20
17 PHOTOS, HER LEGS WERE SPREAD LIKE IN A "V," LIKE IN=20
18 A V-SHAPE. AND IN ONE OF THE PHOTOS, THE PHOTO WAS=20
19 ACTUALLY TAKEN RIGHT I GUESS DOWN THE MIDDLE OF THE=20
20 "V," IF YOU WILL.=20
21 Q STANDING AT THE FOOT AREA LOOKING TOWARDS=20
22 THE HEAD? =20
23 A YES.
24 MR. DUSEK: THANK YOU. NOTHING FURTHER.=20
25 THE COURT: COUNSEL, ANY QUESTIONS?=20
26 /////=20
27 /////
28 /////
Page 260
1 CROSS-EXAMINATION
2 BY MR. BOYCE:
3 Q BEFORE TESTIFYING TODAY, DID YOU REVIEW ANY=20
4 DOCUMENTS?
5 A I REVIEWED THE PHOTOS.=20
6 Q DID YOU REVIEW ANY NOTES?
7 A I CREATED SOME NOTES. I -- I'M SORRY, SIR. =20
8 PART OF MY TESTIMONY OVER THE WEEKEND, I WENT=20
9 THROUGH THE COMPUTER -- I DIDN'T TAKE ANY NOTES, PER=20
10 SE. I SORT OF DRAFTED IT OUT. WHAT I DID IS THE=20
11 IMAGING ON THE COMPUTER, I WENT THROUGH MY COMPUTER=20
12 AND THE EVIDENCE FILES THAT HAD THE IMAGES AND HAD=20
13 INFORMATION THAT I REVIEWED AND THEN CREATED SOME=20
14 FIGURES FROM THAT.
15 Q YOU REVIEWED SOME NOTES, THOUGH; IS THAT=20
16 CORRECT?
17 A YES, SIR.
18 Q WHOSE NOTES DID YOU REVIEW?
19 A THOSE ARE MINE.=20
20 Q AND THOSE WERE NOTES THAT YOU -- WHEN DID=20
21 YOU TAKE THOSE NOTES?
22 A PROBABLY ABOUT 10:30 ON SATURDAY.=20
23 Q DID YOU CREATE ANY REPORTS IN THIS CASE?
24 A NO, NOT YET.=20
25 Q YOU'VE WRITTEN NO REPORTS?
26 A ACTUALLY, WE DID DO ONE PRELIMINARY REPORT,=20
27 YES, SIR.
28 Q WHEN YOU SAY "WE," WHO DO YOU MEAN BY "WE"?
Page 261
1 A THERE ARE SEVERAL PEOPLE IN THE LABORATORY=20
2 THAT DID THE -- MR. YOUNGFLESH AND OTHERS THAT=20
3 EXAMINED SOME OF THE COMPUTER EVIDENCE.
4 Q YOU PERSONALLY, DID YOU DO ANY REPORTS?
5 A I DID ONE, YES, SIR.
6 Q WHEN DID YOU DO THAT REPORT?
7 A I DID THAT REPORT PROBABLY ABOUT A MONTH=20
8 AGO.=20
9 Q THAT REPORT WAS DONE FROM YOUR NOTES; IS=20
10 THAT CORRECT?
11 A NO, SIR. THERE WEREN'T ANY NOTES. IT WAS=20
12 DONE, THE REPORT WAS DONE DIRECTLY. ACTUALLY TO BE=20
13 MORE ACCURATE, IT WAS ACTUALLY A DRAFT, NOT A FINAL=20
14 COPY.=20
15 Q THE NOTES THAT YOU HAVE DESCRIBED, DO YOU=20
16 HAVE THOSE WITH YOU TODAY?
17 A NO, SIR, I DO NOT.=20
18 Q WHERE ARE THEY?
19 A THOSE ARE BACK AT THE LAB.
20 MR. BOYCE: I REQUEST THE COURT ORDER THAT WE BE=20
21 PROVIDED WITH A COPY OF THOSE NOTES IN ORDER TO=20
22 CROSS-EXAMINE THIS WITNESS, YOUR HONOR. =20
23 THE COURT: YOU'RE ENTITLED TO THEM.=20
24 GET THEM OVER HERE. PROCEED.
25 BY MR. BOYCE:
26 Q DO YOU HAVE ANY NOTES WITH YOU ON THE=20
27 WITNESS STAND?
28 A YES, SIR, I DO.
Page 262
1 MR. BOYCE: I WOULD REQUEST A COPY OF THOSE=20
2 NOTES.
3 THE COURT: YOU'RE CERTAINLY ENTITLED TO SEE THE=20
4 NOTES. WHY DON'T YOU COME UP HERE AND TAKE A LOOK=20
5 AT THE NOTES. WE'LL GO OFF THE RECORD WHILE YOU DO=20
6 THAT.=20
7 (RECESS.)
8 THE COURT: LET'S GO BACK ON THE RECORD.=20
9 I'D ASK THE DISTRICT ATTORNEY TO ASK HIS=20
10 WITNESSES TO BRING WITH THEM ANY NOTES THEY MAY HAVE=20
11 REVIEWED PRIOR TO TESTIMONY. DEFENSE COUNSEL HAS=20
12 ASKED EVERY WITNESS FOR COPIES OF THOSE NOTES. SO=20
13 IF THEY CAME WITH THE NOTES, IT WOULD BE HELPFUL.=20
14 WHAT -- YOU HAD A CONCERN WHILE WE WERE OFF=20
15 THE RECORD AND I TOLD YOU YOU'D BE ABLE TO VOICE IT=20
16 WHEN WE'RE ON THE RECORD. IF YOU STILL WISH TO=20
17 VOICE IT, THIS IS THE TIME.
18 MR. BOYCE: YOUR HONOR, THERE ARE AT LEAST TWO=20
19 PAGES REGARDING DOWNLOAD FROM A DIRECTORY CONTAINING=20
20 CARTOONS THAT THE WITNESS HAS REVIEWED AND WE WOULD=20
21 REQUEST COPIES OF THOSE.=20
22 ALSO, THERE'S TWO PAGES OF HANDWRITTEN=20
23 NOTES THAT WE HAVE NOT SEEN THAT WE WOULD REQUEST=20
24 COPIES OF.=20
25 ALSO -- ALSO, THERE ARE PORTIONS OF THE=20
26 BINDERS THAT HE HAS IN FRONT OF HIM THAT WE HAVE NOT=20
27 SEEN, INCLUDING THE PHOTOS OF DANIELLE, WHO IS THE=20
28 DAUGHTER OF MR. WESTERFIELD'S GIRLFRIEND THAT WAS=20
Page 263
1 REFERRED TO, AND THERE'S SEVERAL FAMILY PHOTOS IN=20
2 THERE THAT I WOULD LIKE TO DISCUSS WITH THIS WITNESS=20
3 DURING HIS EXAMINATION. SO WE WOULD LIKE COPIES OF=20
4 ALL THOSE.
5 THE COURT: WELL, COUNSEL, I'M SURE THAT THE=20
6 DISTRICT ATTORNEY WILL ACCOMMODATE YOU IN DUE=20
7 COURSE. HERE WE ARE TEN DAYS INTO THIS CASE, I'M=20
8 SURE THEY HAVE TURNED OVER THOUSANDS OF PAGES. AND=20
9 THEY'LL TURN OVER HUNDREDS OR THOUSANDS OF PAGES AS=20
10 SOON AS POSSIBLE.=20
11 SO PLEASE PROCEED WITH YOUR QUESTIONING OF=20
12 THIS WITNESS. IF WE TAKE A BREAK AND YOU WANT TO=20
13 LOOK AT HIS NOTEBOOK, I THINK THAT WOULD BE=20
14 APPROPRIATE.=20
15 MR. BOYCE: FOR THE PURPOSES OF THE PRELIMINARY=20
16 HEARING, I WOULD LIKE -- THERE IS ABOUT SIX=20
17 PHOTOGRAPHS OF THE PERSON REFERRED TO AS DANIELLE,=20
18 THE GIRLFRIEND'S DAUGHTER, WHO WHICH I WOULD LIKE=20
19 MARKED AS AN EXHIBIT FOR PURPOSES OF PRELIMINARY=20
20 HEARING. WE WOULD HAVE NO OBJECTION TO STIPULATING=20
21 TO A COPY OF THOSE PHOTOS BEING USED IN PLACE OF THE=20
22 ORIGINALS.
23 THE COURT: ANY OBJECTION TO THAT, COUNSEL?
24 MR. DUSEK: NO.=20
25 THE COURT: SO ORDERED. WE'LL GET TO THEM. I'M=20
26 GOING TO LET YOU DO THAT.=20
27 LET'S GET SOME QUESTIONING OF THIS WITNESS. =20
28 AND MAYBE WHEN IT'S TIME TO TAKE A BREAK, THEN YOU=20
Page 264
1 CAN SINGLE THEM OUT. IF YOU HAVE SPECIFIC QUESTIONS=20
2 ABOUT THOSE PICTURES, I'M GOING TO LET YOU LOOK AT=20
3 THE PICTURES AND ASK YOU QUESTIONS. I'M NOT GOING=20
4 TO PRECLUDE YOU FROM DOING THAT. YOU MAY HAVE OR=20
5 YOU MAY NOT HAVE OTHER QUESTIONS. I DON'T KNOW. =20
6 I'D ASK THAT YOU ASK WHATEVER OTHER QUESTIONS YOU=20
7 MIGHT HAVE AND THEN WE'LL TAKE UP THE PICTURES AT=20
8 THE END. IF THAT'S OKAY.=20
9 MR. BOYCE: THANK YOU, YOUR HONOR.=20
10 BY MR. BOYCE:
11 Q IN YOUR EXPERIENCE, ALL PEOPLE, INCLUDING=20
12 CHILDREN, DEVELOP AT DIFFERENT RATES, DON'T THEY?
13 A YES, SIR.
14 Q YOU DON'T HAVE ANY TRAINING AS A=20
15 PEDIATRICIAN, DO YOU?
16 A NO, SIR.=20
17 Q YOU DON'T HAVE ANY MEDICAL TRAINING, DO=20
18 YOU?
19 A YES, I DO.=20
20 Q WHAT TYPE OF MEDICAL TRAINING DO YOU HAVE?
21 A PRIOR TO MY BEING HIRED AS A SAN DIEGO=20
22 POLICE OFFICER, I WAS A MOBILE INTENSIVE CARE=20
23 PARAMEDIC FOR THE COMPANY NAMED MEDIVAC, WHICH I=20
24 THINK IS DEFUNCT NOW.=20
25 BUT I WAS TRAINED IN -- I ACTUALLY RECEIVED=20
26 MY PARAMEDIC TRAINING AT STANFORD UNIVERSITY=20
27 HOSPITAL IN 1979, AND THEN WORKED AS A PARAMEDIC IN=20
28 SANTA CLARA COUNTY AND IN SAN DIEGO COUNTY FOR=20
Page 265
1 SEVERAL YEARS.=20
2 PART OF THE TRAINING INCLUDED OBVIOUSLY=20
3 PEDIATRIC EMERGENCIES, DEALING WITH CHILDREN,=20
4 OBVIOUSLY DEALING WITH CHILDREN IDENTIFYING EITHER A=20
5 CHILD OR THAT SORT OF THING WAS IMPORTANT DUE TO THE=20
6 FACT THAT NUMEROUS DRUGS OR THE DOSAGES ARE=20
7 DIFFERENT FOR CHILDREN THAN FROM ADULTS AND THAT=20
8 SORT OF THING.
9 Q DO YOU HAVE ANY CLASSES -- DID YOU TAKE ANY=20
10 CLASSES IN CHILD DEVELOPMENT?
11 A NO, SIR, I DID NOT.=20
12 Q SOME PEOPLE LOOK OLDER THAN OTHERS AT=20
13 DIFFERENT AGES, DON'T THEY?
14 A AND SOME LOOK YOUNGER, YES, SIR.
15 Q THAT'S CORRECT.=20
16 AND, IN EFFECT, PUBERTY IS A MOVING TARGET,=20
17 ISN'T IT?
18 A YES, SIR.
19 Q SO SOME PEOPLE, SOME PEOPLE HIT PUBERTY AT=20
20 A YOUNGER AGE THAN, SAY, SOME OTHERS?
21 A YES, SIR, THAT IS CORRECT.=20
22 Q FOR EXAMPLE, PUBIC HAIR IS NOT NECESSARILY=20
23 AN INDICATION OF AGE, IS IT?
24 A NO, SIR, IT IS NOT.=20
25 Q AND BREAST DEVELOPMENT IS NOT NECESSARILY=20
26 AN INDICATION OF AGE, IS IT?
27 A AGAIN, NO, SIR.=20
28 Q IN FACT, HIGHLY ATHLETIC JUVENILES AND=20
Page 266
1 ADULTS HAVE SMALLER BREASTS? THAT AFFECTS BREAST=20
2 DEVELOPMENT, DOESN'T IT?
3 A CORRECT.
4 MR. DUSEK: OBJECTION; NO FOUNDATION.
5 THE COURT: OVERRULED.
6 THE WITNESS: YES.
7 BY MR. BOYCE:
8 Q AND ATHLETIC TEENAGERS, YOUNG ADULTS, ALSO=20
9 HAVE LESS BODY FAT, DON'T THEY?
10 A YES, SIR.
11 Q THEY MAY APPEAR YOUNGER, DON'T THEY?
12 A THEY MAY, YES, SIR.
13 Q SO THE PRESENCE OR ABSENCE OF BREASTS OR=20
14 PUBIC HAIR DOESN'T NECESSARILY INDICATE A PERSON'S=20
15 AGE, DOES IT?
16 A THAT IS CORRECT.=20
17 Q AND YOU'VE HAD QUITE A BIT OF EXPERIENCE=20
18 WITH COMPUTERS, HAVEN'T YOU?
19 A YES, SIR.
20 Q AND SURFING ON THE INTERNET?
21 A YES.
22 Q AND SURFING PORN SITES, HAVEN'T YOU?
23 A UNFORTUNATELY, YES, SIR.=20
24 Q AND PEOPLE THAT ARE -- THE PHOTOS THAT YOU=20
25 HAVE IN THAT BINDER ARE EASILY ACCESSIBLE ON THE=20
26 INTERNET, AREN'T THEY?
27 A YES, SIR.
28 Q PEOPLE IN THOSE PHOTOS ARE SELECTED=20
Page 267
1 OFTENTIMES BECAUSE THEY LOOK YOUNG, AREN'T THEY?
2 MR. DUSEK: OBJECTION; NO FOUNDATION.=20
3 THE COURT: OVERRULED.
4 BY MR. BOYCE:=20
5 Q BASED UPON YOUR TRAINING AND EXPERIENCE --
6 THE COURT: OVERRULED.
7 BY MR. BOYCE:
8 Q PEOPLE THAT ARE SHOWN ON THE INTERNET ARE=20
9 SOMETIMES SELECTED BECAUSE THEY LOOK YOUNGER THAN=20
10 THEY ARE?
11 A I DON'T KNOW WHY THEY'RE SELECTED.
12 Q WHENEVER YOU ENTER AN INTERNET SITE THAT=20
13 DISPLAYS PHOTOS OF NUDE PEOPLE THERE'S ALWAYS A=20
14 DISCLAIMER ON TOP OF THE COMPUTER, ISN'T THERE?
15 A NO, SIR, THERE ISN'T.
16 Q THERE'S OFTENTIMES A DISCLAIMER THAT SAYS=20
17 THE PEOPLE THAT ARE SHOWN IN THESE PHOTOS ARE OVER=20
18 18?
19 A MY EXPERIENCE BECAUSE AS PART OF OUR JOB,=20
20 WE COME ACROSS INTERNET SITES, WE FREQUENTLY ARE=20
21 VISITING INTERNET SITES, LIKE I SAID EARLIER, MORE=20
22 THAN WE LIKE TO THE PORN SITES, AND IT'S MY=20
23 EXPERIENCE THAT THE MAJORITY DON'T HAVE THE=20
24 DISCLAIMERS.
25 Q HAVE YOU SEEN THEM WITH THE DISCLAIMERS?
26 A I'VE SEEN A FEW WITH THE DISCLAIMERS.
27 Q AND THE ONES WITH THE DISCLAIMERS ARE JUST=20
28 AS ACCESSIBLE ON THE INTERNET AS THE ONES WITHOUT=20
Page 268
1 THE DISCLAIMERS?
2 A THERE'S A LOT MORE WITHOUT THE DISCLAIMER,=20
3 SIR.
4 Q BUT THEY'RE EQUALLY ACCESSIBLE?
5 A I'M SORRY. YES, SIR, YOU'RE RIGHT.=20
6 Q THE PHOTOS THAT YOU'VE REFERRED TO THAT=20
7 HAVE BEEN MARKED AS EXHIBITS, YOU DON'T KNOW WHO=20
8 DOWNLOADED THOSE PHOTOS ONTO EITHER THE ZIP DRIVES=20
9 OR CD ROMS, DO YOU?
10 A NO, SIR, I DON'T.=20
11 Q YOU DON'T KNOW WHETHER IT'S=20
12 MR. WESTERFIELD'S 18-YEAR-OLD SON OR SOMEONE THAT=20
13 WAS A GUEST IN THE HOUSE OR WAS STAYING WITH=20
14 MR. WESTERFIELD AT ANY TIME, DO YOU?
15 A I WASN'T PRESENT AT THE TIME, NO, SIR.=20
16 Q THE PHOTOGRAPHS -- YOU FOUND THREE CD ROMS=20
17 AND THREE ZIP DRIVES; IS THAT CORRECT?
18 A THAT IS CORRECT, YES, SIR.
19 Q YOU PICKED UP THOSE AND TOOK THEM INTO=20
20 EVIDENCE, DIDN'T YOU?
21 A WE TURN THOSE OVER TO THE SAN DIEGO POLICE=20
22 DETECTIVES AT THE SCENE.=20
23 Q DID YOU ASK THAT THEY BE FINGERPRINTED?
24 A NO, SIR, I DID NOT.=20
25 Q YOU DON'T KNOW -- TO YOUR KNOWLEDGE, WERE=20
26 THEY FINGERPRINTED?
27 A I DON'T KNOW.
28 Q IN OTHER WORDS, EXAMINED FOR LATENT PRINTS?
Page 269
1 A RIGHT. I DON'T KNOW WHAT THAT IS. I DON'T=20
2 KNOW IF THEY WERE OR NOT.
3 MR. BOYCE: MAY I APPROACH THE WITNESS, YOUR=20
4 HONOR?
5 THE COURT: OF COURSE.=20
6 WE'RE GOING TO LOOK AT THE PICTURES OF THE=20
7 FRIEND?
8 MR. BOYCE: YES.=20
9 THE COURT: OFF THE RECORD. LET'S NOT ASK=20
10 QUESTIONS UNTIL WE GET ON THE RECORD, PLEASE.=20
11 (RECESS.)
12 MR. BOYCE: BACK ON THE RECORD, YOUR HONOR?
13 THE COURT: BACK ON THE RECORD.=20
14 PLEASE PUT THOSE -- ARE YOU GOING TO ASK=20
15 QUESTIONS ABOUT THE PICTURES THAT ARE FACE UP OR --
16 MR. BOYCE: I'M JUST ASKING ABOUT THE EXHIBITS,=20
17 YOUR HONOR.
18 THE COURT: OKAY. GO AHEAD.
19 BY MR. BOYCE:
20 Q ARE YOU FAMILIAR WITH MORPHING?
21 A YES, SIR, I AM.
22 Q WHAT IS MORPHING?
23 A MORPHING IS A DIGITALLY ALTERING OR BY=20
24 USING A COMPUTER PROGRAM TO ALTER THE APPEARANCE OF=20
25 A PROGRAM. WE TYPICALLY SEE SOMEBODY WILL TAKE THE=20
26 HEAD OFF OF ONE PERSON AND THEN PUT IT OVER THE=20
27 PICTURE OF A HEAD OF ANOTHER PERSON.=20
28 Q IN OTHER WORDS, YOU CAN TAKE A HEAD, SAY,=20
Page 270
1 OF A WHAT APPEARS TO BE A VERY YOUNG PERSON AND PUT=20
2 IT ON THE BODY OF SOMEBODY THAT APPEARS OLDER?
3 A THAT IS POSSIBLE.=20
4 Q AND HOW DO YOU TELL WHETHER SOMETHING HAS=20
5 BEEN MORPHED OR NOT?=20
6 A YOU CAN SEE THE OUTLINES OF WHERE THE CUT=20
7 IS. WE SEE IT QUITE FREQUENTLY. AND THOSE PICTURES=20
8 FOR THE PURPOSE OF THIS SORT OF THING, WE JUST=20
9 BYPASS BECAUSE FOR THAT VERY REASON THAT YOU BRING=20
10 UP. USUALLY, WE'LL SEE AN OUTLINE. THERE WILL BE=20
11 DIFFERENCES IN TONE, IN GRAIN, AND YOU'LL JUST SEE=20
12 THAT IT JUST DOESN'T BELONG.=20
13 Q YOU SAY "USUALLY." SOMETIMES YOU DON'T,=20
14 THOUGH?
15 A I HAVE YET TO SEE OR HAVE POINTED OUT TO ME=20
16 A PICTURE THAT WE HAVE IDENTIFIED AS QUESTIONABLE IN=20
17 NATURE TO BE ONE THAT WAS MORPHED.
18 Q WELL, IF YOU DIDN'T SEE THE OUTLINE, YOU=20
19 WOULDN'T KNOW IT, THOUGH, WOULD YOU?
20 A WHAT I'M SAYING IS I HAVEN'T SEEN A=20
21 SITUATION WHERE I HAVE BEEN TOLD YOU ARE WRONG, THIS=20
22 PICTURE WAS MORPHED.
23 Q HAVE YOU IN EVERY PHOTOGRAPH YOU'VE LOOKED=20
24 ON BEEN ABLE TO DETERMINE WHETHER OR NOT THE=20
25 PHOTOGRAPH WAS MORPHED OR NOT?
26 A THE PICTURES THAT APPEAR TO BE ALTERED, THE=20
27 PICTURES THAT APPEAR TO BE THERE'S A QUESTION AND=20
28 WE'VE HAD SOME THAT WE'VE LOOKED AT, THERE IS A=20
Page 271
1 BELIEF THAT THEY MAYBE -- WHERE THE TONE IS=20
2 DIFFERENT WHERE IT COULD JUST BE A SHADOW, OR IT=20
3 COULD BE SOMETHING WITH A LIGHTING OR ANY NUMBER OF=20
4 THINGS, WE'LL USUALLY GIVE TO THE BENEFIT OF THE=20
5 DEFENDANT AND MOVE THAT AND SAY MAYBE THIS HAS BEEN=20
6 ALTERED.
7 Q YOU'RE TALKING ABOUT CASES IN WHICH=20
8 PHOTOGRAPHS HAVE BEEN USED AS EVIDENCE; IS THAT=20
9 CORRECT?
10 A NO, SIR. WHAT WE DO, OUR JOB IS TO GET THE=20
11 IMAGINES OFF THE COMPUTER AND THEN TURN THOSE OVER=20
12 TO THE CASE AGENTS OR TO THE PROSECUTION, WHATEVER,=20
13 AND LET THEM DO WHAT THEY SAY THEY ARE. OUR JOB IS=20
14 TO --
15 THE REPORTER: WAIT A MINUTE. "OUR JOB IS TO"=20
16 WHAT?
17 THE WITNESS: GET IMAGES THAT ARE QUESTIONABLE.
18 BY MR. BOYCE:
19 Q WELL, TO DETERMINE WHETHER A PHOTOGRAPH HAS=20
20 BEEN MORPHED OR NOT, YOU'D HAVE TO DEFINITIVELY SAY=20
21 WHETHER IT'S BEEN MORPHED OR NOT, YOU'D HAVE TO GO=20
22 BACK TO WHO TOOK THE PHOTOGRAPHS AND HAD IT PUT=20
23 TOGETHER, DON'T YOU?
24 A NOT ALL THE TIME.
25 Q NOT ALL THE TIME. YOU HAVE TO IN SOME=20
26 PHOTOGRAPHS; CORRECT?
27 A IF IT APPEARS TO BE ALTERED, THEN WE WILL=20
28 GIVE THEM THE BENEFIT AND SAY IT PROBABLY ISN'T A=20
Page 272
1 QUESTIONABLE IMAGE AND WE'LL EITHER PUT IT IN A=20
2 SEPARATE CATEGORY, THAT WAY THE CASE AGENT KNOWS=20
3 THIS ISN'T SOMETHING WE CAN GO INTO COURT AND SAY=20
4 THIS IS, YOU KNOW, A QUESTIONABLE IMAGE.=20
5 Q SO LET ME SEE IF I UNDERSTAND YOU. YOU'RE=20
6 SAYING THAT IF YOU VIEW AN IMAGE ON THE COMPUTER;=20
7 CORRECT?
8 A YES.
9 Q TO TELL SOME OF THOSE PHOTOS ARE -- HAVE=20
10 BEEN MORPHED; IS THAT CORRECT?
11 A I'VE SEEN SOME THAT HAVE BEEN ALTERED, YES,=20
12 SIR.
13 Q AND TO DETERMINE WHETHER OR NOT THEY HAVE=20
14 BEEN ALTERED, DEPENDS ON THE TECHNOLOGY USED. IF=20
15 POOR TECHNOLOGY IS USED, THEN IT'S MORE OBVIOUS THAT=20
16 THE PHOTO HAS BEEN MORPHED. IF BETTER TECHNOLOGY IS=20
17 USED, THEN IT'S LESS APPARENT.=20
18 IS THAT CORRECT?
19 A YES, SIR.=20
20 Q IN THIS CASE, IN THE PHOTOS THAT YOU'VE=20
21 MARKED INTO EVIDENCE, DO YOU KNOW WHO TOOK THOSE=20
22 PHOTOS?
23 A NO, SIR, I DID NOT.=20
24 Q YOU DIDN'T GO BACK AND RESEARCH THE SITES=20
25 FROM WHICH THOSE PHOTOS WERE TAKEN FROM, DID YOU?
26 A THE SITES, I CAN ONLY RECALL ONE SAVED=20
27 BANNER THAT HAD A SITE ON IT AND IT WAS AN=20
28 ADVERTISING BANNER. BUT THE REST OF THE PHOTOS, AS=20
Page 273
1 I RECALL, I DIDN'T SEE TOO MANY SITES.
2 Q YOU WEREN'T ABLE TO GO BACK AND CONTACT THE=20
3 PEOPLE OR IMAGES OF APPARENT PEOPLE IN THOSE=20
4 PHOTOGRAPHS AND DETERMINE WHETHER OR NOT THEY=20
5 WERE -- HOW OLD THEY WERE?
6 A NO, SIR, I DID NOT CONTACT ANYBODY.
7 Q AND THOSE PHOTOGRAPHS APPEAR TO BE VARYING=20
8 AGES, DON'T THEY?
9 A YES, SIR, THEY DO. =20
10 Q YOU DESCRIBED AT LEAST FOUR COMPUTERS THAT=20
11 YOU SEIZED FROM MR. WESTERFIELD'S HOUSE; IS THAT=20
12 CORRECT? NOT SEIZED, BUT YOU EXAMINED IN=20
13 MR. WESTERFIELD'S HOUSE.
14 A YES, SIR.
15 Q THERE WERE THREE PERSONAL COMPUTERS AND ONE=20
16 LAPTOP?
17 A YES, SIR.
18 Q YOU ALSO EXAMINED A PALM PILOT?
19 A YES, SIR.
20 Q WHEN YOU DOWNLOADED THE PALM PILOT, WHEN=20
21 YOU COPIED THE PALM PILOT, DO YOU COPY ALL THE=20
22 INFORMATION THAT'S ON THAT PALM PILOT?
23 A YES, SIR, WE DID.
24 Q YOU'VE ALREADY DONE THAT; IS THAT CORRECT?
25 A YES, SIR, IT HAS.=20
26 Q AND THOSE COMPUTERS WERE LOCATED IN VARIOUS=20
27 PLACES WITHIN THE HOUSE?
28 A YES, SIR, THAT IS CORRECT.=20
Page 274
1 Q THERE WERE AT LEAST TWO BEDROOMS IN THAT=20
2 HOUSE WHERE DIFFERENT PEOPLE WERE SLEEPING; IS THAT=20
3 CORRECT?
4 A I DON'T KNOW.=20
5 Q DID YOU NOTICE HOW MANY BEDROOMS WERE=20
6 UPSTAIRS?
7 A I BELIEVE THERE WERE THREE OR FOUR=20
8 BEDROOMS. WE PRIMARILY TRIED STAYING OUT OF=20
9 HOMICIDE'S WAY AND STAYED IN THE ONE OFFICE.=20
10 Q ANY OF THE IMAGES THAT YOU'VE MARKED AS AN=20
11 EXHIBIT IN THIS CASE, ALL OF THOSE IMAGES WERE TAKEN=20
12 FROM THE ZIP DRIVES AND THE CD ROMS THAT YOU SEIZED;=20
13 IS THAT CORRECT?
14 A IF I COULD REFER TO THE GRAPH AT THE FRONT=20
15 OR THE INDEX AT THE FRONT, SOME OF THE IMAGES WERE=20
16 TAKEN FROM THE HARD DRIVE, THE ZIP DISKS, AND THE=20
17 CD'S.=20
18 Q I WANT TO TALK ABOUT THE IMAGES THAT WERE=20
19 TAKEN FROM THE HARD DRIVE. WERE THEY TAKEN FROM --=20
20 DO YOU KNOW THE DIFFERENCE BETWEEN ALLOCATED AND=20
21 UNALLOCATED SPACE?
22 A YES, SIR.
23 Q WHAT'S THE DIFFERENCE?
24 A ALLOCATED SPACE IS AREAS THAT HAVE BEEN=20
25 RESERVED FOR WHAT'S CALLED ACTIVE FILES. SUCH AS IF=20
26 YOU WERE TO TURN ON YOUR COMPUTER AND YOU WERE TO=20
27 LOOK IN THE WINDOWS EXPLORER, YOU WOULD SEE A BUNCH=20
28 OF FILES THERE. ALL THOSE FILES ARE ACTIVE FILES. =20
Page 275
1 IF YOU WERE TO DELETE ONE OF THEM, AND SENT IT OFF=20
2 TO, YOU KNOW, KIND OF COMPUTER NEVERLAND, SO TO=20
3 SPEAK, THAT AREA WHERE THE FILE WAS ONCE ACTIVE,=20
4 IT'S NOW UNACTIVE OR UNALLOCATED, AND THAT SPACE IS=20
5 NOW AVAILABLE FOR A NEW FILE TO BE WRITTEN OVER. =20
6 HOWEVER, THAT FILE STILL REMAINS ON THE COMPUTER=20
7 UNTIL IT'S OVERWRITTEN BY A NEW FILE.
8 Q IN OTHER WORDS, IF SOMEONE ATTEMPTS TO=20
9 DELETE INFORMATION FROM THE COMPUTER, IT'S NOT=20
10 ACTUALLY DELETED, IT JUST GOES TO UNALLOCATED SPACE;=20
11 IS THAT CORRECT?
12 A THAT IS CORRECT.=20
13 Q AND UNLESS YOU GO INTO THE UNALLOCATED=20
14 SPACE, IS THERE A WAY TO DELETE IT FROM THE=20
15 UNALLOCATED SPACE?
16 A THERE'S NUMEROUS PROGRAMS THAT YOU CAN=20
17 DELETE THEM WITH. YES.=20
18 Q SO EVERYTHING THAT IS DELETED FROM THE=20
19 ALLOCATED SPACE OF THE COMPUTER ENDS UP IN THE=20
20 UNALLOCATED SPACE; IS THAT CORRECT?
21 A THAT IS CORRECT, YES, SIR.
22 Q THE IMAGES THAT WERE ON THE HARD DRIVES OF=20
23 THESE COMPUTERS, WERE THEY IN THE ALLOCATED OR=20
24 UNALLOCATED SPACE?
25 A THEY APPEAR TO HAVE BEEN IN I BELIEVE THE=20
26 ALLOCATED SPACE.
27 Q CAN YOU DETERMINE WHETHER ANY OF THEM WERE=20
28 IN THE UNALLOCATED SPACE?
Page 276
1 A IT APPEARS THERE WAS ONE FILE THAT WAS --=20
2 ACTUALLY STILL ALLOCATED, WAS IN THE RECYCLE BIN,=20
3 BUT THAT'S KIND OF THE STEP BEFORE IT GOES TO THE=20
4 UNALLOCATED SPACE. AND BY LOOKING AT THE FILE, BY=20
5 EXAMINING THE FILES, IT APPEARS THAT NONE OF THE=20
6 FILES FROM THE HARD DRIVE WERE IN THE UNALLOCATED=20
7 SPACE, IT APPEARS THEY WERE ALL ACTIVE FILES.=20
8 Q NOW, ON THE ZIP DRIVE THAT YOU EXAMINED,=20
9 CAN YOU ERASE ZIP DRIVES?
10 A YES, SIR.
11 Q YOU CAN WRITE OVER THEM; IS THAT CORRECT?
12 A YES, SIR.
13 Q CAN YOU TELL WHETHER OR NOT A ZIP DRIVE HAS=20
14 BEEN ERASED AND WRITTEN OVER?
15 A NO. IF IT HAS BEEN TOTALLY ERASED, THEN=20
16 YOU'RE NOT GOING TO HAVE ANYTHING THERE. IF YOU'VE=20
17 GOT FILES THAT HAVE BEEN DELETED, THEN YOU'RE GOING=20
18 TO HAVE SOME FILES THAT WERE THERE. YOU'LL HAVE=20
19 REMNANTS OF THAT, AND YOU'LL KNOW YOU HAVE OTHER=20
20 ACTUAL REMNANTS OF THOSE IN THE UNALLOCATED SPACE.
21 Q COULD YOU TELL FROM THE ZIP DRIVE WHETHER=20
22 ANY OF THE IMAGES THAT YOU DOWNLOADED FROM THOSE ZIP=20
23 DRIVES WERE FROM THE ALLOCATED OR UNALLOCATED SPACE=20
24 IN THE ZIP DRIVES?
25 A THE MAJORITY OF THE FILES WERE ACTIVE OR=20
26 FROM ALLOCATED, AS YOU CALL IT. THERE WERE SOME=20
27 THAT WERE RECENTLY DELETED, BUT IT HADN'T GOTTEN TO=20
28 THE POINT -- THEY'RE STILL FILE NAMES.=20
Page 277
1 IF I MAY, WHEN YOU DELETE A FILE, YOU'VE=20
2 GOT THREE KIND OF LOCATIONS WITH REFERENCES OF THAT=20
3 FILE ARE. YOU HAVE THE DIRECTORY LISTING WHICH=20
4 GIVES YOU THE FILE NAME, THE DATE IT WAS CREATED,=20
5 THAT SORT OF THING. YOU HAVE THE FILE ALLOCATION=20
6 TABLE WHICH IS LIKE AN INDEXING SYSTEM. IT TELLS=20
7 THE COMPUTER WHERE ON THE DISK THE FILE IS. =20
8 SOMETIMES IF A FILE IS LARGE ENOUGH, IT MAY BE IN=20
9 ABOUT FOUR OR FIVE DIFFERENT PARTS OF THE DISK. THE=20
10 FILE LOCATION TABLE IS AN INDEX, IT KIND OF SAYS=20
11 WHERE ALL THE PARTS ARE.=20
12 AND LASTLY, YOU HAVE THE PHYSICAL LOCATION=20
13 WHERE THAT IMAGE IS. WHEN YOU DELETE A FILE, THE=20
14 FILE NAME UNDER THE DIRECTORY WHICH JUST LISTS ALL=20
15 THE FILE NAMES, THE FIRST CHARACTER OF THAT IS=20
16 CHANGED TO A SYMBOL CALLED THE SIGMA. THAT TELLS=20
17 THE COMPUTER THAT IT'S BEEN DELETED. AND THE=20
18 INDEXING OR FILE ALLOCATION TABLE IS WHAT IS ZEROED=20
19 OUT OR ZEROES ARE ENTERED IN. THE ORIGINAL FILE IS=20
20 MAINTAINED, THE FILE ITSELF ON THE PHYSICAL LOCATION=20
21 OF THE DISK IS UNCHANGED, AND IT'S STILL THERE.=20
22 FREQUENTLY, WE'LL BE ABLE TO RECOVER=20
23 BECAUSE A FILE NAME STILL EXISTS OR MOST OF IT=20
24 EXISTS, IT'S ABLE TO BE RECONSTRUCTED. SO ON THE=20
25 ZIP DISKETTE THERE ARE SEVERAL FILES THAT ALTHOUGH=20
26 THEY WERE DELETED, WE WERE ABLE TO RECOVER THE FILE=20
27 NAME AND SO FORTH.=20
28 IF IT GOES TO UNALLOCATED SPACE AND IT'S=20
Page 278
1 BEEN THERE LONG ENOUGH OR THE DIRECTORY LISTING OR=20
2 THE NAME OF THE FILE HAS BEEN OVERWRITTEN, THEN WE=20
3 DON'T HAVE THE NAME OF THE FILE AND WE HAVE TO USE=20
4 UTILITIES TO GO AND PARSE OUT THOSE FILES.
5 THE REPORTER: "TO GO AND" WHAT?
6 THE WITNESS: PARSE, P-A-R-S-E.
7 BY MR. BOYCE:=20
8 Q ANY OF THE IMAGES IN EXHIBIT 4, ARE THOSE=20
9 -- DID YOU HAVE TO RECONSTRUCT THOSE FROM THE ZIP=20
10 DRIVE?
11 A NO.=20
12 Q WHAT ABOUT FROM EXHIBIT 5?
13 A ALL OF THE FILES THAT ARE IN, THAT I=20
14 EXTRACTED WERE ALL -- NONE OF THEM WE USE ANY OF THE=20
15 PARSING OR CARVING UTILITIES, AS THEY SAY.=20
16 Q I'M SORRY?
17 A NONE OF THEM WERE ACTUALLY PARSED OUT OR=20
18 HAD TO USE UTILITIES TO RECONSTRUCT THEM.=20
19 Q WHAT DO YOU MEAN BY THAT?
20 A PROGRAM BUILDERS WILL LOOK FOR -- EVERY=20
21 FILE AT THE PHYSICAL FILE HAS WHAT'S CALLED HEADER=20
22 WHICH SAYS WHAT TYPE OF FILE IT IS. THERE'S .JPG. =20
23 THERE'S .JFIF. THE COMPUTER LOOKS FOR THIS AND SAYS=20
24 THIS IS THE FIRST PART OF A .JPG FILE.=20
25 AT THE END OF THE FILE OR FOOTER, THERE'S=20
26 ANOTHER PIECE OF CODE THAT IT GOES DOWN LOOKS FOR=20
27 THE END. THE PROGRAM LOOKS TO SEE IF THE TWO ARE=20
28 CONTIGUOUS AND PULLS OUT OR PARSES THAT OUT, AS AN=20
Page 279
1 IMAGE. WE GET THE IMAGE BUT WE DON'T GET ANY FILE=20
2 NAMES.=20
3 Q WHAT IS A .JPG?
4 A .JPG IS A DIGITAL PHOTOGRAPH.=20
5 Q AS OPPOSED TO AN .MPG?
6 A WHICH WOULD BE A DIGITAL MOVIE.=20
7 Q AND WHAT DOES -- OR .MPG, IT'S MPD OR MPG?
8 A YES, SIR, THAT IS CORRECT.=20
9 Q WHAT'S A BAD SIGNATURE?
10 A A BAD SIGNATURE IS IF WE HAVE ONE OF THE=20
11 FORENSIC TOOLS WE USE WILL GO THROUGH AND IT WILL=20
12 LOOK THROUGH THE FILES AND IT WILL LOOK TO SEE IF --=20
13 LET ME BACK UP A LITTLE BIT.=20
14 WHEN YOU LOOK -- WE'LL USE THE .JPG WHICH=20
15 IS A DIGITAL PHOTOGRAPH. IF I WERE TO TAKE THE FILE=20
16 NAME WE'LL SAY PICTURE .JPG OR .JPEG, AND I WANTED=20
17 TO TRY AND HIDE THE PHOTOGRAPH OR DO SOMETHING, I'D=20
18 CHANGED THE EXTENSION TO DOC, WHICH IS A WORD=20
19 DOCUMENT, AND YOU MIGHT THINK THAT IT IS A WORD=20
20 DOCUMENT OR SOME OTHER EXTENSION LIKE DLL, OR=20
21 SOMETHING THAT WOULD MAKE SOMEONE THINK IT'S A=20
22 SYSTEM FILE NOT A PICTURE.=20
23 WE HAVE A UTILITY THAT WILL GO THROUGH ALL=20
24 THE FILES ON THE COMPUTER AND IT WILL SAY WHETHER=20
25 THE FILE SIGNATURE OR IF THE FILE EXTENSION AND THE=20
26 HEADER I TALKED ABOUT LIKE IN THE .JPG CASE, THAT=20
27 .JFIF, IF THEY MATCH. IF THEY DON'T MATCH, IT SAYS=20
28 THE SIGNATURE IS BAD, WHICH MEANS THE TWO DON'T=20
Page 280
1 MATCH AND THE FILE'S RENAMED.=20
2 Q IN YOUR EXAMINATION OF THE COMPUTERS THAT=20
3 WERE FOUND IN MR. WESTERFIELD'S HOME, YOU DIDN'T=20
4 FIND ANY BAD SIGNATURES, DID YOU?
5 A NO, SIR.=20
6 Q AND YOU AND THE PEOPLE WORKING FOR YOU WERE=20
7 LOOKING FOR BAD SIGNATURES, WEREN'T YOU?
8 A IT'S A ROUTINE CHECK THAT WE RUN ON THE=20
9 FILES, YES, SIR.
10 Q AND A BAD SIGNATURE IS SOMEONE ATTEMPTING=20
11 TO HIDE A FILE?
12 A THAT WOULD BE CORRECT.
13 Q YOU HAD SEVERAL PEOPLE ASSISTING YOU IN=20
14 EXAMINING THE COMPUTERS; IS THAT CORRECT?
15 A YES, SIR, THAT IS CORRECT.=20
16 Q AND YOU HAD ONE OFFICER BY THE NAME OF=20
17 OFFICER ARMSTRONG ASSISTING YOU; IS THAT CORRECT?
18 A NO, SIR, THAT IS NOT CORRECT.=20
19 Q DO YOU KNOW WHO OFFICER ARMSTRONG IS?
20 A I KNOW A DETECTIVE ARMSTRONG.
21 Q A DETECTIVE ARMSTRONG?
22 A YES, SIR.
23 Q WAS HE ASSISTING YOU?
24 A NO, SIR, HE WAS NOT.=20
25 Q DID HE TELL YOU THAT HE EXAMINED OVER=20
26 64,000 .JPG OR STILLS ON MR. WESTERFIELD'S=20
27 COMPUTERS?
28 A HE DID COME TO THE LABORATORY AND HE DID=20
Page 281
1 EXAMINE THE IMAGES ON MY COMPUTER, YES, SIR.
2 Q HE ALSO EXAMINED 22- -- OVER 2,200 VIDEO=20
3 FILES FROM THE COMPUTERS; IS THAT CORRECT?
4 A I KNOW THAT HE EXAMINED SOME, YES, SIR.=20
5 Q SO THAT'S APPROXIMATELY 67-, 68,000=20
6 SEPARATE FILES; IS THAT CORRECT?
7 A THAT IS CORRECT.
8 Q FROM THE COMPUTERS THAT WERE IN=20
9 MR. WESTERFIELD'S HOME?
10 A THAT IS CORRECT.=20
11 Q AND HE FOUND NO FILES DEPICTING CHILD=20
12 PORNOGRAPHY. WAS THAT HIS CONCLUSION?
13 MR. DUSEK: OBJECTION; HEARSAY, NO FOUNDATION AS=20
14 TO WHAT CHILD PORNOGRAPHY IS.
15 THE COURT: YOU MIGHT WANT -- I'M GOING TO=20
16 OVERRULE THE HEARSAY OBJECTION.=20
17 BUT YOU MIGHT WANT TO CHANGE THE=20
18 PHRASEOLOGY WITH RESPECT TO CHILD PORNOGRAPHY.
19 BY MR. BOYCE:=20
20 Q MR. ARMSTRONG TOLD YOU THAT HE FOUND NO=20
21 IMAGES DEPICTING CHILDREN ENGAGED IN SEXUAL ACTS?
22 A HE FOUND THAT HE DIDN'T BELIEVE THEY WERE=20
23 PREPUBESCENT PHOTOS OR DIGITAL IMAGES, WHICH=20
24 APPARENTLY IS WHAT HE GOES BY. HE SPENT ABOUT AN=20
25 HOUR-AND-A-HALF LOOKING THROUGH THE PHOTOS.=20
26 Q HOW DO YOU KNOW HOW LONG HE SPENT?
27 A I WAS IN THE OFFICE WITH HIM.=20
28 Q BUT DIDN'T YOU SAY THAT YOU DIDN'T WORK=20
Page 282
1 WITH HIM?
2 A HE REQUESTED TO COME IN AND LOOK AT THE=20
3 IMAGES. HE SAID HE HAD BEEN REQUESTED TO LOOK AT IT=20
4 BY LIEUTENANT COLLINS. SO WE ALLOWED HIM TO EXAMINE=20
5 THE COMPUTER.=20
6 Q THIS WAS ALL 67-, 68,000 IMAGES FROM THESE=20
7 COMPUTERS; IS THAT RIGHT?
8 A THAT IS CORRECT.
9 Q AND SO YOU DISAGREE WITH MR. ARMSTRONG'S=20
10 CONCLUSIONS; IS THAT RIGHT?
11 A NOT AT ALL.
12 MR. DUSEK: OBJECTION; ASSUMES FACTS NOT IN=20
13 EVIDENCE.
14 THE COURT: SUSTAINED.=20
15 COUNSEL, I'VE LET YOU HAVE SOME LATITUDE. =20
16 THIS IS GOING PAST WHERE YOU SHOULD BE GOING. AT=20
17 LEAST IN MY OPINION.=20
18 GO AHEAD.=20
19 MR. BOYCE: THANK YOU, YOUR HONOR.
20 BY MR. BOYCE:
21 Q FROM THE FILES THAT YOU DOWNLOADED AND THE=20
22 IMAGES THAT ARE MARKED AS EXHIBITS 4 AND 5, DO YOU=20
23 KNOW WHEN THOSE FILES WERE OPEN WHICH CONTAIN THOSE=20
24 IMAGES?
25 A WE DO HAVE THE LISTING OF THEM, YES, SIR.
26 Q AND DO WE HAVE A DOCUMENT WITH THE LISTING=20
27 OF WHEN THOSE FILES WERE OPEN?
28 A YES, SIR, WE DO.
Page 283
1 MR. BOYCE: I WOULD REQUEST THAT THAT BE MARKED=20
2 AS DEFENDANT'S NEXT IN ORDER, YOUR HONOR.=20
3 THE COURT: WELL, WE DON'T EVEN HAVE FIRST IN=20
4 ORDER; RIGHT?
5 MR. BOYCE: FIRST IN ORDER.=20
6 THE COURT: WE HAVE A REQUEST TO MARK THE=20
7 PICTURES OF THIS YOUNG WOMAN WHO, FROM WHAT I=20
8 GATHER, IS A DAUGHTER OF A FRIEND OF=20
9 MR. WESTERFIELD'S. I THINK THERE WERE SIX PICTURES. =20
10 THAT'S WHAT I REMEMBER.
11 MR. DUSEK: I THINK IT'S DISCOVERY PAGE 1454.
12 THE COURT: OKAY. SO THIS IS -- WE'RE TALKING=20
13 ABOUT DISCOVERY PAGE 1464 --=20
14 MR. DUSEK: -54.
15 THE COURT: -- -54, WHICH IS A DOCUMENT THAT=20
16 INDICATES WHEN THE FILES WERE OPENED. AM I CORRECT? =20
17 IS THAT WHAT YOU'RE REPRESENTING IT IS? SINCE I'VE=20
18 NEVER SEEN IT AND DON'T HAVE ANY IDEA WHAT IT LOOKS=20
19 LIKE, I NEED SOME HELP.=20
20 SHOW IT TO COUNSEL. IF HE DOESN'T HAVE ANY=20
21 OBJECTION, WE'LL MAKE IT DEFENDANT'S A. WE'LL MARK=20
22 IT DEFENDANT'S A.
23 MR. FELDMAN: CAN WE GET OUR XEROX COPY BACK?
24 THE COURT: WE'LL DO WHAT WE CAN, COUNSEL.
25 MR. BOYCE: WE'RE LOOKING FOR PAGE 1454, YOUR=20
26 HONOR.
27 THE COURT: I THINK THE WITNESS HAS IT.
28 MR. DUSEK: AND 1467.
Page 284
1 THE COURT: YOU KNOW, THIS IS A GOOD TIME TO=20
2 TAKE A BREAK. WHILE WE TAKE OUR MORNING BREAK, I=20
3 WOULD ASK COUNSEL TO WORK ON THESE EXHIBITS THAT THE=20
4 DEFENSE WISHES TO PUT INTO EVIDENCE. APPARENTLY,=20
5 THEY'RE DOCUMENTS FROM THE COMPUTER THAT INDICATES=20
6 WHEN THESE FILES WERE OPENED, AND THE PICTURES OF=20
7 THE YOUNG LADY WHO IS APPARENTLY THE DAUGHTER OF A=20
8 FRIEND OF MR. WESTERFIELD'S.=20
9 PLEASE WORK TOGETHER. IF WE CAN HELP YOU,=20
10 WE'LL GIVE YOU ACCESS TO A PHOTOCOPY MACHINE. BUT=20
11 IT MAY NOT BE IN THIS AREA. IT MAY BE DOWN WHERE MY=20
12 NORMAL DEPARTMENT IS.=20
13 PLEASE REMEMBER MY ADMONITION. WE WILL=20
14 RESUME AT 20 MINUTES TO 11:00.=20
15 (RECESS.)
16 THE COURT: HOPEFULLY EVERYBODY GOT THE=20
17 PHOTOCOPIES THEY NEEDED.=20
18 MR. FELDMAN: THANK YOU.=20
19 THE COURT: ALL RIGHT.
20 (DEFENDANT'S EXHIBITS A THROUGH D MARKED FOR=20
21 IDENTIFICATION.)=20
22 MR. BOYCE: YOUR HONOR, I HAVE HAD SEVERAL OF=20
23 THESE MARKED AS EXHIBITS.=20
24 THE COURT: OKAY. WOULD YOU LIKE TO TELL ME=20
25 WHAT THE EXHIBIT NUMBERS ARE?
26 MR. BOYCE: CERTAINLY.
27 THE COURT: OR LETTERS.=20
28 MR. BOYCE: EXHIBIT A APPEARS TO BE -- WELL, IT=20
Page 285
1 IS EIGHT PAGES OF PHOTOGRAPHS DEPICTING A LADY AND A=20
2 GIRL AND PICTURES OF THE GIRL AT A SWIMMING POOL.=20
3 THE COURT: ALL RIGHT. I ASSUME THOSE ARE THE=20
4 PHOTOS OF MR. WESTERFIELD'S ALLEGED FRIEND AND=20
5 DAUGHTER; AM I CORRECT, THAT YOU TALKED ABOUT=20
6 BEFORE?
7 MR. BOYCE: THAT'S CORRECT, YOUR HONOR.
8 THE COURT: OKAY.=20
9 MR. BOYCE: DO YOU WANT ME TO GO OVER THE REST=20
10 OF THE EXHIBITS?
11 THE COURT: SOUNDS GOOD.
12 MR. BOYCE: EXHIBIT B IS TWO HANDWRITTEN PAGES=20
13 OF WHAT APPEARS TO BE COMPUTER FILES.=20
14 THE WITNESS: YES, SIR.
15 THE COURT: OKAY. "C"?
16 MR. BOYCE: EXHIBIT C IS FIVE PAGES OF TYPED AND=20
17 PRINTED INFORMATION REGARDING COMPUTER DIRECTORIES.=20
18 THE COURT: OKAY.=20
19 MR. BOYCE: AND EXHIBIT D IS TWO PAGES OF A ZIP=20
20 DRIVE DIRECTORY OR CD ROM DIRECTORY.
21 THE WITNESS: ACTUALLY, IT'S DIRECTORY LISTING=20
22 OF THE CD'S AND THE ZIPS.=20
23 THE COURT: CD'S AND WHAT, PLEASE?
24 THE WITNESS: ZIPS.
25 THE COURT: I GOT IT. ALL RIGHT. ANY MORE?
26 MR. BOYCE: THAT'S IT, YOUR HONOR.
27 THE COURT: ALL RIGHT. YOU'VE SHOWN THEM TO THE=20
28 D.A. THE D.A. DOESN'T HAVE ANY OBJECTION TO MARKING=20
Page 286
1 THEM "A," "B," "C," AND "D"; CORRECT?
2 MR. DUSEK: CORRECT.
3 THE COURT: ALL RIGHT. LET'S MOVE ON.
4 BY MR. BOYCE:
5 Q REFERRING FIRST TO EXHIBIT A, ARE THESE THE=20
6 PHOTOS YOU WERE REFERRING TO THAT WERE OBTAINED FROM=20
7 MR. WESTERFIELD'S HOUSE FROM I BELIEVE THE ZIP=20
8 DRIVE?
9 A YES, SIR.=20
10 Q THESE ARE PHOTOGRAPHS DEPICTING IN THE=20
11 FIRST -- THE FIRST PHOTOGRAPH APPEARS TO BE A YOUNG=20
12 LADY AND A GIRL FULLY CLOTHED?
13 A YES, SIR.
14 Q STANDING TOGETHER OR SITTING TOGETHER?
15 A YES, SIR.
16 Q THE NEXT PICTURE APPEARS TO BE A GIRL=20
17 SUNBATHING IN A LAWN CHAIR WITH A TOWEL OVER HER=20
18 FACE?
19 A YES, SIR.
20 Q SHE'S IN A BATHING SUIT; CORRECT?=20
21 A YES, SIR.
22 Q AND THERE APPEARS TO BE A CHAIR NEXT TO HER=20
23 WITH A TOWEL OVER THE CHAIR; IS THAT CORRECT?
24 A THAT IS CORRECT.
25 Q AS THOUGH SOMEBODY HAD JUST GOTTEN UP THAT=20
26 HAD BEEN SUNBATHING NEXT TO HER?
27 A THAT'S A POSSIBILITY.=20
28 Q YOU DON'T HAVE ANY IDEA WHO THAT PERSON WAS=20
Page 287
1 WHO WAS SUNBATHING NEXT TO HER, DO YOU?
2 A NO, SIR, I DO NOT.
3 Q IT COULD HAVE BEEN A GIRLFRIEND OR FRIEND=20
4 OF HERS?
5 A YES.
6 Q COULD HAVE BEEN HER MOTHER?
7 A YES.=20
8 Q THE THIRD PICTURE IS AGAIN WHAT APPEARS TO=20
9 BE A --
10 MR. DUSEK: BEST EVIDENCE. THE PHOTOS SPEAK FOR=20
11 THEMSELVES. THE COURT CAN LOOK.
12 THE COURT: COUNSEL?=20
13 I UNDERSTOOD THAT THESE WERE EIGHT PHOTOS=20
14 OF WHAT THIS OFFICER UNDERSTANDS TO BE=20
15 MR. WESTERFIELD'S FRIEND AND HER DAUGHTER. I CAN=20
16 LOOK AT THEM AND I DON'T THINK THE RECORD REALLY=20
17 NEEDS TO BE AS MINUTE AS IT'S BECOMING.
18 MR. BOYCE: THANK YOU, YOUR HONOR.=20
19 THE COURT: I'LL BE HAPPY TO LOOK AT THEM.
20 (PAUSE IN PROCEEDINGS WHILE THE COURT REVIEWS=20
21 EXHIBITS.)
22 THE COURT: I LOOKED AT THEM. THANK YOU.
23 IF YOU WANT TO ASK HIM ONE BROAD QUESTION=20
24 ABOUT THOSE PICTURES, YOU'RE CERTAINLY FREE TO DO=20
25 SO.
26 BY MR. BOYCE:
27 Q ALL OF THE PHOTOS IN EXHIBIT A APPEAR TO BE=20
28 PHOTOS OF THE SAME PEOPLE IN POSES AROUND THE POOL=20
Page 288
1 AND AROUND A JACUZZI; IS THAT CORRECT?
2 A YES, SIR.
3 Q THE IMAGES THAT WERE -- ARE DEPICTED IN=20
4 EXHIBITS 4 AND 5, REFERRING TO EXHIBIT 4 FIRST, CAN=20
5 YOU TELL US WHEN THOSE FILES WERE CREATED ON EITHER=20
6 THE ZIP DRIVE OR THE HARD DRIVE OR THE CD ROM FROM=20
7 WHICH THEY WERE TAKEN?
8 A YES, SIR.=20
9 ON THE FIRST PAGE --
10 Q YOU'RE REFERRING TO EXHIBIT 4?
11 A ON EXHIBIT 4, THE FIRST PAGE, THE FILE NAME=20
12 UNDERSCORE EA7950.JPG WAS CREATED ON MAY 17TH, 1999=20
13 AT 12:56 P.M.=20
14 Q I'M NOT SO MUCH INTERESTED IN THE TIME AS=20
15 THE DATE.
16 A YES, SIR.=20
17 THE NEXT ONE WAS E -- UNDERSCORE EA13186. =20
18 THAT WAS CREATED ON 4-22-99.
19 UNDERSCORE EA13392.JPG WAS CREATED ON 2-16=20
20 OF '99.=20
21 ON E -- UNDERSCORE EA15677.JPG THAT WAS=20
22 CREATED ON 5-17 OF '99.
23 Q NOW, THAT WAS THE FIRST PAGE OF EXHIBIT 4;=20
24 IS THAT CORRECT?
25 A YES, SIR.
26 Q WHAT I'D LIKE YOU TO DO IS GO TO THE SECOND=20
27 PAGE AND SEE IF THERE'S ANY PHOTOGRAPHS ON THAT PAGE=20
28 THAT WERE CREATED ON A DIFFERENT DATE.
Page 289
1 A EA1 -- UNDERSCORE EA22171.JPG WAS ON=20
2 APRIL 15TH, 1999. =20
3 Q WHY DON'T WE DO THIS: WHY DON'T YOU LOOK=20
4 AT -- WHY DON'T WE DO THIS: WHY DON'T YOU LOOK AT=20
5 THE PICTURES AND SEE IF THERE'S ANY PHOTOGRAPHS OR=20
6 ANY IMAGES THAT WERE CREATED IN A YEAR OTHER THAN=20
7 1999.
8 THE COURT: GOOD QUESTION.=20
9 MR. BOYCE: OTHERWISE WE'RE GOING TO BE HERE FOR=20
10 A WHILE.
11 THE COURT: I WAS ABOUT TO SAY SOMETHING.
12 THE WITNESS: NO, SIR. NONE.
13 THE COURT: SO WHAT YOU'RE TELLING ME, BOTTOM=20
14 LINE, IS THE PICTURES, ANIMATIONS, CONTAINED IN 4=20
15 AND 5 OF THE PEOPLE'S EXHIBITS WERE ALL CREATED IN=20
16 1999. IS THAT WHAT YOU'RE TELLING ME?
17 THE WITNESS: THOSE ARE THE IMAGES ON NUMBER 4. =20
18 ON PEOPLE'S 4.
19 THE COURT: JUST NUMBER 4?
20 THE WITNESS: YES, SIR.
21 THE COURT: OKAY, I'M SORRY.=20
22 YOU WANT THE SAME QUESTION WITH RESPECT TO=20
23 5?
24 BY MR. BOYCE:
25 Q NUMBER 5, CAN YOU TELL US WHEN THESE IMAGES=20
26 WERE CREATED?
27 A ACTUALLY, IF YOU COULD, SIR, I'M SORRY. I=20
28 MISSPOKE. THAT WAS ACTUALLY JUST FOR A SET OF FIVE. =20
Page 290
1 IF YOU CAN LET ME LOOK AT MY --
2 Q EXHIBIT 4?
3 A CORRECT, EXHIBIT 4. THE PAGES DEPICTING --
4 THE COURT: SIR, JUST TELL US IF THERE ARE ANY=20
5 PICTURES THAT ARE IN EVIDENCE OR ANY ANIMATIONS THAT=20
6 ARE IN EVIDENCE THAT WERE CREATED IN A YEAR OTHER=20
7 THAN 1999.
8 THE WITNESS: YES, SIR.
9 BY MR. BOYCE:
10 Q IN EXHIBIT 4, ARE THERE ANY IMAGES THAT=20
11 WERE CREATED IN OTHER THAN 1999?
12 A THERE WERE TWO. YES, SIR, THERE WERE.=20
13 Q ARE THESE IMAGES THAT ARE CONTAINED IN=20
14 EXHIBIT 4?
15 MR. DUSEK: YOUR HONOR, WOULD IT BE POSSIBLE TO=20
16 PERHAPS RECESS THIS WITNESS, ALLOW HIM TO MAKE HIS=20
17 COMPUTATIONS, AND START WITH ANOTHER WITNESS?
18 THE COURT: COUNSEL, I DON'T KNOW WHAT THE OTHER=20
19 WITNESSES ARE, AND I CERTAINLY DON'T LIKE THE PACE,=20
20 BUT I CAN'T BLAME ANYONE FOR IT.=20
21 COUNSEL, HOW MANY MORE QUESTIONS DO YOU=20
22 HAVE OF THIS WITNESS?
23 MR. BOYCE: I HAVE PERHAPS TWO OTHER LINES OF=20
24 QUESTIONING THAT WON'T TAKE SO LONG.
25 THE COURT: OKAY. SIR, TAKE A LOOK AT THAT AND=20
26 TELL US WHICH OF THOSE PICTURES, IF ANY, ON=20
27 EXHIBIT 4 WERE CREATED IN A YEAR OTHER THAN 1999.
28 THE WITNESS: YES, SIR. ONE -- OR IEA10548.
Page 291
1 THE COURT: WAS CREATED IN?
2 THE WITNESS: WAS CREATED 12-17 OF 2001.=20
3 THE COURT: ALL RIGHT. THANK YOU.=20
4 THE WITNESS: THEN ON THE SAME DATE, 12-17 OF=20
5 2001, WAS IEA11058.JPG.=20
6 AND THAT APPEARS TO BE IT, SIR.
7 THE COURT: THANK YOU. I HAVEN'T SEEN THEM. =20
8 PLEASE INDICATE TO ME WHICH ARE THE TWO PICTURES.
9 JUST INDICATE TO ME.
10 THE WITNESS: UNFORTUNATELY, I'M TRYING TO GO=20
11 THROUGH THE LIST.
12 THE COURT: TAKE YOUR TIME.=20
13 MR. BOYCE: WHAT I WOULD SUGGEST, IF WE COULD=20
14 HAVE THE WITNESS HIGHLIGHT.
15 THE COURT: HOLD ON. THIS IS NOT YOUR EXHIBIT. =20
16 SO I'M NOT ABOUT TO HIGHLIGHT WITHOUT THE D.A.=20
17 SAYING -- I THINK I CAN DESCRIBE IT FOR THE RECORD.
18 MR. DUSEK: I BELIEVE IT WAS PAGE 1 OF 8.
19 THE WITNESS: THANK YOU, SIR.=20
20 THE COURT: REFERRING -- LET ME SEE THE WHOLE=20
21 PAGE. REFERRING TO PAGE 1 OF 8, IT'S THE BOTTOM=20
22 LEFT PICTURE.=20
23 NEXT?
24 MR. DUSEK: 3 OF 8.
25 THE WITNESS: IT'S ALSO THE BOTTOM LEFT PICTURE=20
26 OF 4.=20
27 THE COURT: THANK YOU.=20
28 ALL RIGHT. GO AHEAD, COUNSEL.
Page 292
1 YOUR NEXT QUESTION, AS I UNDERSTAND IT, IS=20
2 WHEN WERE THE ANIMATIONS DONE; CORRECT?
3 MR. BOYCE: CORRECT, YOUR HONOR.
4 THE COURT: CAN YOU TELL ME WHEN THE ANIMATIONS=20
5 WERE DONE, SIR?
6 THE WITNESS: YES, SIR.
7 THE COURT: WERE THEY ALL DONE AT THE SAME TIME?
8 THE WITNESS: I BELIEVE THEY WERE. YES, SIR.
9 THE COURT: WHAT WAS IT?
10 THE WITNESS: IT WAS -- THE FIRST SERIES WAS=20
11 1-14-99 AND THE SECOND SERIES WAS ALSO 1-14-99.
12 THE COURT: THANK YOU.
13 NEXT QUESTION, COUNSEL.=20
14 MR. BOYCE: THANK YOU, YOUR HONOR.
15 BY MR. BOYCE:
16 Q THESE IMAGES WERE DOWNLOADED FROM SITES ON=20
17 THE INTERNET; IS THAT CORRECT?
18 A I COULDN'T TELL YOU HOW THEY GOT ON THE=20
19 COMPUTER, SIR.=20
20 Q BUT YOU HAVE BEEN TO SITES ON THE INTERNET=20
21 WHICH HAVE IMAGES SIMILAR TO THESE; IS THAT CORRECT?
22 A YES, SIR, THAT IS CORRECT.=20
23 Q APPROXIMATELY HOW MANY SITES EXIST ON THE=20
24 INTERNET THAT HAVE THESE IMAGES?
25 MR. DUSEK: OBJECTION; IRRELEVANT.
26 THE COURT: SUSTAINED.=20
27 MR. BOYCE: COULD I HAVE JUST A MOMENT, YOUR=20
28 HONOR?=20
Page 293
1 THE COURT: YES.
2 BY MR. BOYCE:
3 Q DO YOU KNOW WHERE THE PHOTOGRAPHS THAT WERE=20
4 CONTAINED IN DEFENDANT'S EXHIBIT A, THE PHOTOGRAPHS=20
5 OF DANIELLE, THE DAUGHTER OF MR. WESTERFIELD'S=20
6 GIRLFRIEND, WERE DOWNLOADED FROM?
7 MR. DUSEK: OBJECTION; IRRELEVANT.=20
8 THE COURT: OVERRULED.=20
9 THE WITNESS: NO, SIR, I DO NOT.
10 BY MR. BOYCE:
11 Q THERE'S NOTHING ILLEGAL ABOUT TAKING=20
12 PICTURES OF YOUR DAUGHTER'S GIRLFRIEND, IS THERE? =20
13 GIRLFRIEND'S DAUGHTER.
14 MR. DUSEK: CALLS FOR A LEGAL CONCLUSION.
15 THE COURT: OVERRULED.=20
16 THE WITNESS: NO.
17 THE COURT: NEXT QUESTION.
18 THE REPORTER: I DIDN'T HEAR AN ANSWER.
19 THE COURT: THE ANSWER WAS NO.
20 MR. BOYCE: I HAVE NOTHING FURTHER.
21 THE COURT: DO YOU HAVE ANY OTHER QUESTIONS?
22 MR. DUSEK: NO.=20
23 THE COURT: THANK YOU.=20
24 WOULD YOU TAKE THOSE EXHIBITS THAT BELONG=20
25 TO THE DISTRICT ATTORNEY, PLEASE GIVE THEM BACK TO=20
26 HIM, AND THOSE EXHIBITS THAT BELONG TO THE DEFENSE,=20
27 GIVE THEM BACK TO THE DEFENSE.
28 THE WITNESS: YES, SIR.
Page 294
1 MR. FELDMAN: SUBJECT TO RECALL, YOUR HONOR.
2 THE COURT: SUBJECT TO RECALL. REMEMBER MY=20
3 ADMONITION ABOUT NOT DISCUSSING THIS CASE WITH=20
4 ANYONE ELSE AND ALSO NOT VIEWING ANY MEDIA REPORTS=20
5 OR LISTENING TO ANY MEDIA REPORTS OF THIS CASE UNTIL=20
6 AFTER THIS PRELIMINARY HEARING IS OVER.
7 NEXT WITNESS.
8 MR. CLARKE: YES, YOUR HONOR. JAMES=20
9 HERGENROEATHER.
10 THE COURT: THANK YOU.
11 MR. BOYCE, THIS GENTLEMAN HAS YOUR=20
12 EXHIBITS. I ASKED HIM TO GIVE YOUR EXHIBITS BACK TO=20
13 YOU AND THE D.A.'S EXHIBITS BACK TO HIM.
14 MR. BOYCE: THANK YOU.
15 THE COURT: ALL RIGHT.
16 GOOD MORNING. =20
17 =20
18 JAMES FRANCIS HERGENROEATHER,
19 PEOPLE'S WITNESS, HAVING BEEN FIRST DULY SWORN,=20
20 TESTIFIED AS FOLLOWS:
21 =20
22 THE COURT: PLEASE TAKE THE STAND, SIR.
23 PLEASE TELL US YOUR NAME.
24 THE WITNESS: JAMES FRANCIS HERGENROEATHER,=20
25 H-E-R-G-E-N-R-O-E-A-T-H-E-R.
26 THE COURT: THANK YOU.
27 MR. CLARKE: THANK YOU, YOUR HONOR.
28 /////
Page 295
1 DIRECT EXAMINATION
2 BY MR. CLARKE:=20
3 Q BY WHOM ARE YOU EMPLOYED?
4 A CITY OF SAN DIEGO POLICE DEPARTMENT.
5 THE COURT: LET THE RECORD REFLECT MR. CLARKE IS=20
6 NOW CONDUCTING THE QUESTIONING.
7 BY MR. CLARKE:=20
8 Q HOW LONG -- FIRST OF ALL, ARE YOU A POLICE=20
9 OFFICER WITH THE CITY OF SAN DIEGO?
10 A YES, I AM.=20
11 Q HOW LONG HAVE YOU BEEN A PEACE OFFICER?
12 A TWENTY-TWO YEARS.
13 Q IN PARTICULAR, DO YOU HAVE AN ASSIGNMENT TO=20
14 A SPECIFIC DIVISION?
15 A YES. I WORK FOR SERGEANT WILLIAM HOLMES AS=20
16 A HOMICIDE DETECTIVE AND I HAVE FOR THE LAST FIVE=20
17 YEARS.=20
18 Q I'D LIKE TO TAKE YOUR ATTENTION, IF I=20
19 COULD, DETECTIVE HERGENROEATHER, BACK TO THE EARLY=20
20 PART OF FEBRUARY OF THIS YEAR, 2002, AND ASK IF YOU=20
21 WERE ASSIGNED IN ANY MANNER TO ASSIST IN THE=20
22 DISAPPEARANCE OF DANIELLE VAN DAM?
23 A YES, I WAS.=20
24 Q AND DID YOU A PLAY CERTAIN ROLE IN THAT=20
25 INVESTIGATION?
26 A YES, I DID.=20
27 Q IN PARTICULAR, DID YOU HAVE OCCASION TO=20
28 INTERVIEW AS PART OF THAT INVESTIGATION A WOMAN=20
Page 296
1 NAMED JULIE MILLS?
2 A YES, I DID.=20
3 Q WHO IS JULIE MILLS?
4 A SHE IS A CLERK THAT WORKS AT THE TWIN=20
5 PEAK'S CLEANERS.=20
6 Q IS THAT A PARTICULAR ESTABLISHMENT THAT=20
7 CLEANS CLOTHES?
8 A YES.=20
9 MR. FELDMAN: YOUR HONOR, I NOTE THE WITNESS=20
10 APPEARS TO BE READING FROM SOMETHING.=20
11 THIS TIME I'M DOING THIS WITNESS. YOU'RE=20
12 NOT GETTING DOUBLED UP.
13 THE COURT: I UNDERSTAND.
14 MR. FELDMAN: MY QUESTION WOULD BE THE COURT=20
15 DIRECT THE WITNESS TO TURN IT OVER.
16 THE COURT: SIR, IF YOU BROUGHT YOUR POLICE=20
17 REPORT OR OTHER REPORTS WITH YOU, FLIP THEM OVER. =20
18 IF YOU NEED TO REFER TO THEM, LET US KNOW AND WE'LL=20
19 TAKE THE APPROPRIATE STEPS. OKAY?
20 THE WITNESS: YES, SIR.
21 THE COURT: ALL RIGHT. GO AHEAD.
22 MR. CLARKE: THANK YOU, YOUR HONOR.
23 BY MR. CLARKE:=20
24 Q DETECTIVE HERGENROEATHER, THE TWIN PEAK'S=20
25 CLEANERS, WHERE IS IT LOCATED?
26 A IT'S ON POWAY ROAD.
27 Q IN PARTICULAR, THE INTERVIEW, FIRST OF ALL,=20
28 DID YOU MEAN INTERVIEW JULIE MILLS?
Page 297
1 A YES, I DID.
2 Q WHEN DID THAT HAPPEN?
3 A MARCH 8, 2002.=20
4 Q LAST WEEK?
5 A YES.=20
6 Q WHAT IS JULIE MILLS'S POSITION, IF ANY, AT=20
7 TWIN PEAK'S CLEANERS?
8 A SHE'S THE COUNTER PERSON FOR THE CLEANERS.
9 Q DID YOU HAVE OCCASION IN YOUR INTERVIEW OF=20
10 HER TO ASK HER QUESTIONS ABOUT THE DEFENDANT IN THIS=20
11 CASE, DAVID WESTERFIELD?
12 A YES, I DID.
13 Q WHAT DID THAT CONVERSATION CENTER AROUND,=20
14 IF YOU COULD GIVE US JUST THE QUICK GIST OF THE=20
15 CONVERSATION?
16 A SHE TOLD ME ON FEBRUARY 4TH, BETWEEN THE=20
17 HOURS OF 7:00 AND 8:30, MR. WESTERFIELD PULLED UP IN=20
18 HIS MOTORHOME, WALKED INSIDE, WEARING A T-SHIRT AND=20
19 VERY SHORT SHORTS.
20 HE PRESENTED HER WITH FIVE ITEMS: TWO=20
21 COMFORTER COVERS AND TWO COMFORTERS ALONG WITH A=20
22 JACKET.=20
23 Q DID SHE INDICATE TO YOU WHAT REASON HE WAS=20
24 GIVING THOSE ARTICLES OF CLOTHING AND WHAT SOUNDS=20
25 LIKE BEDDING TO THE CLEANERS?
26 A NO.=20
27 Q DID SHE DESCRIBE TO YOU ANYTHING UNUSUAL=20
28 ABOUT MR. WESTERFIELD THAT MORNING?
Page 298
1 A YES.=20
2 Q WHAT WAS THAT?
3 A SHE SAYS THAT SHE HAS KNOWN MR. WESTERFIELD=20
4 FOR SEVERAL YEARS AND ON THIS OCCASION HE SEEMED=20
5 UPSET. SHE ALSO SAID IT WAS PRETTY COLD OUTSIDE. =20
6 SHE REMEMBERED THAT MORNING. AND THAT SHE COMMENTED=20
7 ABOUT HIS DRESS. AND THERE WAS NO RESPONSE, WHERE=20
8 MR. WESTERFIELD WOULD USUALLY ENGAGE HER IN SOME=20
9 TYPE OF CONVERSATION.=20
10 Q I WAS JUST ABOUT TO ASK THAT. DID SHE=20
11 INDICATE TO YOU SHE'D HAD PREVIOUS CONVERSATIONS OR=20
12 TALKED WITH THE DEFENDANT, MR. WESTERFIELD?
13 A ON NUMEROUS OCCASIONS.=20
14 Q DID SHE DESCRIBE TO YOU HOW ON THOSE=20
15 PREVIOUS OCCASIONS HE WOULD ACT TOWARDS HER?
16 A YES. AND IT WOULD BE ON A LIGHT UPBEAT=20
17 SIDE. I THINK, IN FACT -- WELL, SHE TOLD ME THAT=20
18 SHE HAD -- HE HAD ASKED HER OUT AT ONE OCCASION.=20
19 Q BUT ON THIS OCCASION, SHE DESCRIBED TO YOU=20
20 HE WAS NOT TALKATIVE AT ALL?
21 A YES.=20
22 THE COURT: WAS THAT 2-4 -- ON 2-4, WAS THAT IN=20
23 THE MORNING? YOU SAID 7:00 TO 8:30. I ASSUME IT=20
24 WAS A.M.
25 THE WITNESS: YES, SIR.
26 BY MR. CLARKE:=20
27 Q I'D LIKE TO NOW TURN YOUR ATTENTION, IF I=20
28 COULD, DETECTIVE HERGENROEATHER, TO DETECTIVE TERRY=20
Page 299
1 TORGERSEN.=20
2 FIRST OF ALL, ARE YOU FAMILIAR WITH HIM?
3 A YES, I AM.=20
4 Q DO YOU KNOW HOW HIS LAST NAME IS SPELLED?
5 A I COULD LOOK AT THESE NOTES AND THEY WOULD=20
6 TELL ME.
7 Q DO YOU KNOW HOW HIS LAST NAME IS SPELLED?
8 THE COURT: WE HAVE AN ARRANGEMENT FOR THAT=20
9 ANYWAY.=20
10 MR. CLARKE: I UNDERSTAND, YOUR HONOR.
11 BY MR. CLARKE:
12 Q IF YOU COULD, DETECTIVE HERGENROEATHER,=20
13 COULD YOU TELL US WHEN IF AT ALL YOU HAD A=20
14 CONVERSATION WITH DETECTIVE TORGERSEN ABOUT TWIN=20
15 PEAK'S CLEANERS?
16 A WHEN THE WARRANT WAS BEING WRITTEN, AND=20
17 ALSO ON MARCH 7TH AND 8TH.=20
18 Q IF I COULD TAKE YOUR ATTENTION OR DIRECT=20
19 YOUR ATTENTION TO MARCH 7TH AND 8TH. YOU HAD A=20
20 CONVERSATION WITH DETECTIVE TORGERSEN AT THAT TIME?
21 A YES, I DID.=20
22 Q IN PARTICULAR, DID THAT CONVERSATION DEAL=20
23 WITH ANY ACTIONS HE TOOK TOWARDS OBTAINING ITEMS=20
24 FROM THE TWIN PEAK'S CLEANERS?
25 A YES.=20
26 Q WHAT DID HE TELL YOU?
27 A HE TOLD ME THAT HE HAD GONE THERE ON=20
28 FEBRUARY 6TH AND TALKED TO JULIE REGARDING CLOTHING. =20
Page 300
1 HE RETURNED ON THE 7TH WITH A WARRANT. THE WARRANT=20
2 WAS EXECUTED APPROXIMATELY 1540 HOURS. WHERE HE=20
3 THEN SPOKE WITH ANOTHER PERSON BY THE NAME OF MOLLY=20
4 BATONE, I BELIEVE. I'M NOT SURE. I'D HAVE TO REFER=20
5 TO MY NOTES.
6 Q WOULD REFERRING TO YOUR NOTES REFRESH YOUR=20
7 RECOLLECTION ABOUT THE INDIVIDUAL'S NAME THAT=20
8 DETECTIVE TORGERSEN TOLD YOU HE HAD CONTACT WITH?
9 A YES.=20
10 Q ALL RIGHT. COULD YOU DO THAT, PLEASE, AT=20
11 THIS POINT.
12 THE COURT: SINCE YOU'RE LOOKING AT YOUR NOTES,=20
13 YOU MIGHT AS WELL TELL US HOW TO SPELL TORGERSEN=20
14 WHILE YOU'RE AT IT.
15 THE WITNESS: TORGERSEN, T-O-R-G-E-R-S-E-N.=20
16 I'M SORRY. THE LADY'S NAME IS KELLEY=20
17 BELOM, WAS THE PERSON WHO I SPOKE WITH.
18 THE COURT: BELOM. SPELL THAT.
19 THE WITNESS: B-E-L-O-M, AS IN MARY.
20 BY MR. CLARKE:=20
21 Q I BELIEVE YOU WERE IN THE PROCESS OF=20
22 DESCRIBING WHAT DETECTIVE TORGERSEN TOLD YOU ABOUT=20
23 HIS SERVICE OF A SEARCH WARRANT ON FEBRUARY 7TH.=20
24 IS THAT CORRECT?
25 A CORRECT. =20
26 Q WHAT DID DETECTIVE TORGERSEN TELL YOU HE=20
27 DID AT THAT TIME?
28 A HE TOLD ME THAT HE SERVED A SEARCH WARRANT=20
Page 301
1 AT THE TWIN PEAK'S CLEANERS SPECIFICALLY TO KELLEY=20
2 BELOM. THERE HE RECEIVED SEVERAL ARTICLES THAT WERE=20
3 REQUESTED FROM THE SEARCH WARRANT.=20
4 Q NOW, WITH REGARD TO THOSE ARTICLES, WHAT=20
5 DID DETECTIVE TORGERSEN DESCRIBE TO YOU THAT HE=20
6 OBTAINED IN THE SERVICE OF THE SEARCH WARRANT FROM=20
7 TWIN PEAK'S CLEANERS?
8 A A GREEN ZIP-UP JACKET, A COMFORTER COVER=20
9 AND A COMFORTER, ANOTHER COMFORTER COVER AND A=20
10 COMFORTER, A BLACK PAIR OF PANTS, A BLACK SHIRT, AND=20
11 A BLACK SWEATER.=20
12 Q DID HE ALSO DESCRIBE TO YOU OBTAINING=20
13 ANYTHING IN ADDITION TO THE ACTUAL CLOTHING AS PART=20
14 OF THE SERVICE OF THE WARRANT AT THE CLEANERS?
15 A THE RECEIPTS.=20
16 Q FOR EACH OF THE DESCRIBED ITEMS?
17 A YES.=20
18 Q WITH REGARD TO THE CLEANERS, DO YOU --=20
19 FIRST OF ALL, DO YOU HAVE AN INDEPENDENT=20
20 RECOLLECTION OF THE ACTUAL FULL ADDRESS OF THE=20
21 CLEANERS ESTABLISHMENT?
22 A NO, SIR. I'M SORRY, I DON'T.=20
23 Q WOULD IT REFRESH YOUR RECOLLECTION TO REFER=20
24 TO ANY DOCUMENTS THAT YOU HAVE BEFORE YOU?
25 A YES, SIR.
26 Q ALL RIGHT. WOULD YOU PLEASE DO THAT.
27 MR. FELDMAN: YOUR HONOR, FOR THE RECORD, WOULD=20
28 THE WITNESS PLEASE ARTICULATE WHAT PRECISELY HE'S=20
Page 302
1 REFERRING TO?
2 THE COURT: YES.
3 YOU'RE REFERRING TO WHAT, SIR?
4 THE WITNESS: THIS WOULD BE TERRY TORGERSEN'S=20
5 INTERVIEW OF KELLEY BELOM. AND THE ADDRESS IS 14891=20
6 POMERADO ROAD WITH THE PHONE OF --
7 MR. FELDMAN: EXCUSE ME. I JUST -- MY REQUEST=20
8 ONLY WENT TO THE WITNESS'S ARTICULATING WHAT IT WAS=20
9 HE REFERRING --
10 THE COURT: I KNOW. BUT HE ASKED FOR THE=20
11 ADDRESS AND HE GAVE IT TO US IN ONE. SO THAT'S JUST=20
12 FINE.
13 MR. CLARKE: THANK YOU, YOUR HONOR.
14 BY MR. CLARKE:=20
15 Q IS THAT THE LOCATION THAT=20
16 DETECTIVE TORGERSEN OBTAINED THESE VARIOUS ARTICLES=20
17 PURSUANT TO THE SEARCH WARRANT?
18 A YES.=20
19 Q DID HE DESCRIBE TO YOU WHAT HE DID WITH=20
20 THOSE ARTICLES, INCLUDING THE JACKET, AFTER HE=20
21 OBTAINED THEM FROM THE CLEANERS?
22 A YES.=20
23 Q WHAT WAS THAT?
24 A HE BROUGHT THEM BACK TO THE SAN DIEGO=20
25 POLICE DEPARTMENT, WHERE HE THEN TRANSFERRED THEM TO=20
26 EVIDENCE SPECIALIST KAREN LEALCALA WHO IS THE=20
27 EVIDENCE SPECIALIST WHO'S ASSIGNED TO HOMICIDE=20
28 TEAM 4.=20
Page 303
1 MR. CLARKE: THANK YOU, YOUR HONOR. I HAVE NO=20
2 FURTHER QUESTIONS.
3 =20
4 CROSS-EXAMINATION
5 BY MR. FELDMAN:
6 Q SIR, IN YOUR COMMUNICATION WITH MISS MILLS,=20
7 WERE YOU ASKING HER THE QUESTIONS OR WAS SHE=20
8 VOLUNTEERING INFORMATION?
9 A BOTH.=20
10 Q CAN YOU TELL US DID YOU TAPE-RECORD THE=20
11 COMMUNICATION?
12 A NO, SIR, I DIDN'T.=20
13 Q WITH REGARD TO WHAT YOU GOT UP THERE, IN=20
14 TERMS OF YOUR NOTES, SIR, DID YOU REVIEW ANYTHING=20
15 PRIOR TO COMING TO COURT FOR THE PURPOSE OF=20
16 REFRESHING YOUR RECOLLECTION?
17 A JUST THESE PAPERS THAT I HAVE HERE,=20
18 COUNSEL.=20
19 Q OKAY. YOU JUST SAID "JUST THESE PAPERS." =20
20 AND I BELIEVE YOU TOUCHED SOMETHING. I JUST CAN'T=20
21 SEE IT.=20
22 A YEAH. RIGHT HERE.=20
23 THE COURT: ONE WE KNOW HE HAS DETECTIVE=20
24 TORGERSEN'S REPORT; RIGHT? DATED WHAT?
25 THE WITNESS: 2-6-02, YOUR HONOR, ON ONE PAGE. =20
26 2-7 ON ANOTHER. 2-7 ON ANOTHER. 2-7 ON ANOTHER. =20
27 2-8 ON ANOTHER. THAT WILL BE IT.
28 /////
Page 304
1 BY MR. FELDMAN:
2 Q BEFORE YOU CAME TO COURT, SIR, DID YOU=20
3 DISCUSS WITH ANYBODY THE SUBJECT MATTER OF YOUR=20
4 TESTIMONY?
5 A YES.=20
6 Q WITH WHOM DID YOU DISCUSS THE SUBJECT=20
7 MATTER OF YOUR TESTIMONY?
8 A DEPUTY D.A. WOODY CLARKE.
9 Q WHEN DID YOU DISCUSS -- WHEN DID YOU HAVE=20
10 THAT CONVERSATION?
11 A PROBABLY ABOUT 8:20.=20
12 Q THIS MORNING?
13 A YES, SIR.
14 Q PRIOR TO THIS MORNING, HAVE YOU DISCUSSED=20
15 THE SUBJECT MATTER OF YOUR TESTIMONY WITH ANYBODY=20
16 ELSE?
17 A NO.=20
18 Q SO YOU'VE NOT SPOKEN TO ANY MEMBERS OF ANY=20
19 LAW ENFORCEMENT AGENCY CONCERNING ANY ASPECT OF WHAT=20
20 YOU TESTIFIED TO THIS MORNING, SIR?
21 A MAYBE MY SERGEANT, WILLIAM HOLMES, WHEN HE=20
22 ASKED ME WHAT I WAS GOING TO BE TESTIFYING TO.=20
23 Q DID YOU ALSO TALK PERHAPS WITH=20
24 MR. TORGERSEN CONCERNING ANYTHING HE HAD DONE, OR=20
25 SHE? I'M SORRY.
26 A JUST NOT TODAY. JUST ON THE DATES THAT I=20
27 SPECIFIED.=20
28 Q MY QUESTION IS VERY BROAD. I'M ASKING YOU=20
Page 305
1 TO TELL US, IF YOU CAN, ANYONE WITHIN THE LAW=20
2 ENFORCEMENT COMMUNITY WITH WHOM YOU'VE HAD ANY=20
3 DISCUSSIONS CONCERNING ANY ASPECT OF WHAT YOU'VE=20
4 TESTIFIED TO THIS MORNING?
5 A NO.=20
6 Q SO THE ONLY PEOPLE YOU'VE TALKED TO, THEN,=20
7 ARE TORGERSEN AND SERGEANT HOLMES, AND MR. CLARKE=20
8 THIS MORNING; CORRECT?
9 A AND THE TWO PEOPLE, KELLEY AND JULIE. =20
10 THAT'S ABOUT IT. YES.=20
11 Q YOU HAD, THEN, NO ACTIVE PARTICIPATION IN=20
12 THE SEARCH OR RESCUE ATTEMPTS TO RECOVER DANIELLE
13 VAN DAM?
14 MR. CLARKE: OBJECTION. I THINK THAT'S BEYOND=20
15 THE SCOPE, YOUR HONOR.
16 THE COURT: IT'S BEYOND THE SCOPE, COUNSEL. =20
17 THE GENTLEMAN CAME IN AND TALKED ABOUT THE CLEANING=20
18 OPERATION. THAT'S ALL.=20
19 MR. FELDMAN: IT PROBES THE ISSUE OF WHO HE'S=20
20 SPOKEN TO, YOUR HONOR.
21 THE COURT: HE'S ALREADY TOLD YOU. SUSTAINED.
22 BY MR. FELDMAN:=20
23 Q YOU AND I HAVE MET BEFORE, HAVE WE NOT,=20
24 SIR? =20
25 A YES, SIR.
26 Q IN ANOTHER CASE?
27 A UH-HUH.
28 MR. FELDMAN: NO FURTHER QUESTIONS AT THIS TIME.=20
Page 306
1 THE COURT: OKAY.
2 ANYTHING FURTHER?
3 MR. CLARKE: NO. THANK YOU, YOUR HONOR.
4 THE COURT: YOU'RE EXCUSED. SUBJECT TO RECALL.=20
5 BUT I'M GOING TO TELL YOU SUBJECT TO=20
6 RECALL, THIS ISN'T RESTARTING THIS WHOLE THING OVER=20
7 AGAIN.
8 MR. FELDMAN: I TOTALLY UNDERSTAND. EVIDENTIARY=20
9 ISSUES THAT MAY COME UP.
10 THE COURT: I UNDERSTAND. AS LONG AS WE=20
11 UNDERSTAND EACH OTHER, WE'RE OKAY.
12 NEXT WITNESS.=20
13 MR. CLARKE: YES, YOUR HONOR. KAREN LEALCALA.
14 THE COURT: OKAY.
15 =20
16 KAREN LEALCALA,
17 PEOPLE'S WITNESS, HAVING BEEN FIRST DULY SWORN,=20
18 TESTIFIED AS FOLLOWS:
19 =20
20 THE COURT: GOOD MORNING. PLEASE TAKE THE=20
21 STAND.=20
22 PLEASE TELL US YOUR NAME AND SPELL YOUR=20
23 LAST.
24 THE WITNESS: MY NAME IS KAREN LEALCALA, L-E=20
25 CAPITAL A-L-C-A-L-A.
26 THE COURT: THANK YOU.
27 MR. CLARKE: THANK YOU, YOUR HONOR.
28 /////
Page 307
1 DIRECT EXAMINATION
2 BY MR. CLARKE:=20
3 Q MISS LEALCALA, WHO ARE YOU EMPLOYED BY?
4 A SAN DIEGO POLICE DEPARTMENT.
5 Q HOW LONG HAVE YOU BEEN AN EMPLOYEE OF THE=20
6 SAN DIEGO POLICE DEPARTMENT?
7 A I STARTED MY INTERNSHIP THERE IN SEPTEMBER=20
8 OF 1999 AND I WAS HIRED IN JUNE OF 2000, SO I'VE=20
9 BEEN THERE A TOTAL OF TWO YEARS AND EIGHT MONTHS.
10 Q WHAT IS YOUR ASSIGNMENT AT THE POLICE=20
11 DEPARTMENT?
12 A I'M A FORENSIC SPECIALIST.
13 Q CAN YOU TELL US A LITTLE BIT ABOUT WHAT=20
14 THAT IS.
15 A FORENSIC SPECIALISTS GO TO CRIME SCENES AND=20
16 AUTOPSIES. WE TAKE THE PHOTOGRAPHS AND COLLECT=20
17 EVIDENCE. AND BOTH AT THE LABORATORY AND AT CRIME=20
18 SCENES, WE PROCESS EVIDENCE.=20
19 Q IN PARTICULAR, COULD YOU DESCRIBE FOR THE=20
20 COURT, PLEASE, YOUR EDUCATION, TRAINING, AND=20
21 EXPERIENCE THAT LED TO YOUR CURRENT POSITION AS A=20
22 FORENSIC SPECIALIST.
23 A YES. I WENT TO GROSSMONT COLLEGE AND I=20
24 GRADUATED IN 1999. AND MY MAJOR WAS EVIDENCE=20
25 TECHNOLOGY.=20
26 Q WHAT IS EVIDENCE TECHNOLOGY?
27 A WELL, WE LEARN ABOUT HOW TO PROCESS=20
28 EVIDENCE FOR FINGERPRINTS AND HOW TO COLLECT=20
Page 308
1 EVIDENCE AT CRIME SCENES AS WELL AS PHOTOGRAPH.=20
2 Q FOLLOWING YOUR GRADUATION FROM GROSSMONT=20
3 COLLEGE, DID YOU RECEIVE FURTHER TRAINING AND=20
4 EXPERIENCE IN THE AREA OF THE COLLECTION OF=20
5 PROCESSING OF PHYSICAL EVIDENCE?
6 A DURING MY INTERNSHIP WITH THE SAN DIEGO=20
7 POLICE DEPARTMENT, YES.
8 Q COULD YOU TELL US A LITTLE BIT ABOUT THAT,=20
9 PLEASE.
10 A WELL, I SPENT LOTS OF TIME TRAINING GOING=20
11 TO DIFFERENT CRIME SCENES WITH OTHER FORENSIC=20
12 SPECIALISTS PRIOR TO BEING OUT ON MY OWN AS A=20
13 FORENSIC SPECIALIST.
14 Q DID THAT TRAINING AND EXPERIENCE INCLUDE=20
15 THE VARIOUS METHODS AND TECHNIQUES AVAILABLE TO=20
16 COLLECT PHYSICAL EVIDENCE AND THEN PROCESS THAT=20
17 PHYSICAL EVIDENCE FOR LATER ANALYSIS?
18 A YES.=20
19 Q IN PARTICULAR, IN THE CASE INVOLVING THE=20
20 DISAPPEARANCE OF DANIELLE VAN DAM, WERE YOU ASSIGNED=20
21 ANY PARTICULAR DUTIES?=20
22 A YES.=20
23 Q COULD YOU DESCRIBE THOSE -- I'M SORRY.=20
24 COULD YOU DESCRIBE THOSE TO US IN SORT OF A BROAD=20
25 SENSE.=20
26 A SURE. WELL, WHEN I WENT TO THE SCENES THAT=20
27 WE DID, I DID START BY TAKING PHOTOGRAPHS AND I=20
28 COLLECTED THE EVIDENCE AT THOSE SCENES.=20
Page 309
1 Q IN PARTICULAR, DID YOU HAVE OCCASION TO=20
2 RECEIVE A PARTICULAR ITEM OF CLOTHING FROM A=20
3 DETECTIVE TERRY TORGERSEN?
4 A YES.
5 Q WHAT WAS THAT CLOTHING?
6 A THE CLOTHING I RECEIVED FROM=20
7 DETECTIVE TORGERSEN WAS CLOTHING HE PICKED UP AT A=20
8 LAUNDROMAT.
9 MR. FELDMAN: OBJECTION. THAT'S CONCLUSION=20
10 WITHOUT FOUNDATION AND WOULD CONSTITUTE MULTIPLE=20
11 HEARSAY.=20
12 THE COURT: I'M GOING TO STRIKE THE ANSWER AND=20
13 ASK YOU TO ASK THE QUESTION AGAIN. AND WE'LL GET=20
14 THE ANSWER AND SEE WHERE WE ARE.
15 MR. FELDMAN: THANK YOU, YOUR HONOR.
16 BY MR. CLARKE:=20
17 Q IN PARTICULAR, IN THE INVESTIGATION OF THE=20
18 DISAPPEARANCE OF DANIELLE VAN DAM, DID YOU HAVE=20
19 OCCASION TO RECEIVE AN ARTICLE OF CLOTHING FROM=20
20 DETECTIVE TERRY TORGERSEN?
21 A YES.
22 Q WHEN DID THAT HAPPEN?
23 A IF I LOOKED AT MY NOTES I COULD TELL YOU=20
24 THE DATE.=20
25 Q WOULD IT ASSIST YOU IN RECALLING THE EXACT=20
26 DATE OF WHEN THAT ITEM WAS RECEIVED BY YOU FROM=20
27 DETECTIVE TORGERSEN BY REFERRING TO YOUR NOTES?
28 A YES.
Page 310
1 Q DO YOU HAVE NOTES PRESENT THAT WOULD ASSIST=20
2 YOU IN REFRESHING THAT RECOLLECTION?
3 A YES, I DO.=20
4 Q ALL RIGHT. WOULD YOU GO AHEAD AND DO THAT.
5 THE COURT: AND THEN WHEN YOU DO IT, TELL US=20
6 EXACTLY WHAT YOU USE TO REFRESH YOUR RECOLLECTION=20
7 AND WHAT NOTES YOU'RE LOOKING AT.=20
8 THE WITNESS: THE NOTES I'M USING WOULD BE THE=20
9 EVIDENCE LIST.
10 BY MR. CLARKE:=20
11 Q IS THAT AN EVIDENCE LIST THAT WAS CREATED=20
12 BY YOU?
13 A YES.
14 MR. FELDMAN: I'M SORRY, YOUR HONOR, EXCUSE ME. =20
15 THERE'S SO MANY EVIDENCE LISTS, IT'S DIFFICULT TO=20
16 TELL WHICH DOCUMENT THE WITNESS IS REFERRING TO.
17 THE COURT: OKAY. WE'LL TAKE CARE OF IT.=20
18 DOES IT HAVE A DATE? DOES IT HAVE A DATE?
19 THE WITNESS: THE EVIDENCE LIST?
20 THE COURT: YES.=20
21 THE WITNESS: IT HAS -- YES.=20
22 THE COURT: WHAT IS THAT DATE?
23 THE WITNESS: IT SHOWS A DATE OF INCIDENT AND=20
24 THE HEADING AS FEBRUARY THE 1ST.=20
25 MR. FELDMAN: I'M SORRY, YOUR HONOR, THAT'S NOT=20
26 POSSIBLE.=20
27 THE COURT: I KNEW THAT.=20
28 THE WITNESS: THE CREATED DATE OF THE EVIDENCE=20
Page 311
1 WAS FEBRUARY THE 19TH.
2 BY MR. CLARKE:=20
3 Q HAVE YOU HAD AN OPPORTUNITY TO LOOK AT THAT=20
4 REPORT FOR PURPOSES OF REFRESHING YOUR RECOLLECTION?
5 A YES.
6 Q WHAT WAS THE DATE YOU RECEIVED THE ARTICLE=20
7 OF CLOTHING FROM DETECTIVE TORGERSEN?
8 A FEBRUARY 7TH.=20
9 Q WHAT TIME OF THE DAY?
10 A IT WOULD HAVE BEEN AT APPROXIMATELY 1632=20
11 HOURS.
12 Q COULD YOU DESCRIBE THAT ARTICLE OF=20
13 CLOTHING?
14 A WELL, IT WAS IN A BAG FROM THE DRY=20
15 CLEANERS. AND THERE WAS ACTUALLY FOUR ITEMS OF=20
16 CLOTHING, I DIDN'T ACTUALLY INVENTORY THEM.
17 Q WAS THERE A JACKET INCLUDED AMONG THOSE=20
18 ITEMS OF CLOTHING?=20
19 A YES.=20
20 Q AS PART OF YOUR ROLE, DO YOU ASSIGN ITEM=20
21 NUMBERS AS AN EVIDENCE SPECIALIST SO THAT PARTICULAR=20
22 ITEMS OF PHYSICAL EVIDENCE CAN BE THEN IDENTIFIED=20
23 FROM THAT?
24 A YES.=20
25 Q IN PARTICULAR, WITH RESPECT TO THE JACKET=20
26 THAT WAS IN THAT DRY CLEANERS, WOULD YOU DESCRIBE --=20
27 DID YOU ASSIGN THAT PARTICULAR EVIDENCE ITEM NUMBER?
28 A YES, I DID.=20
Page 312
1 Q WHAT WAS THAT?
2 A I HAVE AN ITEM NUMBER 94. =20
3 Q DID YOU HAVE OCCASION TO THEN RELEASE THAT=20
4 PARTICULAR JACKET TO ANYONE ELSE INVOLVED IN THE=20
5 CRIME LABORATORY?
6 A YES, I DID.=20
7 Q WHO WAS THAT?
8 A CRIMINALIST SHAWN SORIONO.
9 Q WHEN DID THAT TAKE PLACE?
10 A ON FEBRUARY THE 8TH.=20
11 Q SO THE NEXT DAY?
12 A CORRECT.=20
13 Q NOW I'D LIKE TO DIRECT YOUR ATTENTION, IF I=20
14 COULD, MISS LEALCALA, TO A SEARCH OF A MOTORHOME=20
15 THAT WAS INVOLVED IN THIS CASE AS WELL.=20
16 ARE YOU FAMILIAR WITH THAT MOTORHOME?
17 A YES.
18 Q DID YOU PLAY A ROLE IN CONDUCTING THE=20
19 SEARCH OF THAT PARTICULAR MOTORHOME?
20 A YES, I DID.=20
21 Q WAS THAT MOTORHOME IDENTIFIED TO YOU AS=20
22 BEING OWNED BY MR. DAVID WESTERFIELD?
23 A YES.=20
24 Q WHERE DID THAT SEARCH TAKE PLACE?
25 A WELL, I SEARCHED THE MOTORHOME AT THE=20
26 VEHICLE IMPOUND GARAGE.=20
27 Q ON WHAT DATE?
28 A WELL, I DID THAT ON A FEW DIFFERENT DATES.=20
Page 313
1 Q ALL RIGHT. IN PARTICULAR, DID YOU HAVE=20
2 OCCASION TO SEARCH THE MOTORHOME FOR THE PRESENCE OF=20
3 ANY LATENT FINGERPRINTS?
4 A YES.
5 Q WHEN DID THAT OCCUR?
6 A I BELIEVE IT WAS FEBRUARY 8TH. IF I LOOKED=20
7 AT MY NOTES, I COULD VERIFY THAT.
8 Q YOU USED THE TERM, WAS IT "IMPOUND YARD"?
9 A THE VEHICLE IMPOUND GARAGE.
10 Q WHAT IS THAT?
11 A WELL, THE POLICE DEPARTMENT STORES VEHICLES=20
12 THAT HAVE BEEN IMPOUNDED IN A GARAGE AREA.=20
13 Q AND IS THAT WHERE YOUR SEARCH ON=20
14 FEBRUARY 8TH TOOK PLACE?
15 A YES.=20
16 Q IN THE COURSE OF THAT SEARCH, DID YOU IN=20
17 FACT RECOVER ANY LATENT FINGERPRINTS?
18 A YES, I DID.
19 Q WHAT DID YOU SEE FROM THE MOTORHOME IN=20
20 TERMS OF THESE LATENT PRINTS? CAN YOU TELL US A=20
21 LITTLE BIT ABOUT HOW THAT PROCESS WORKS.
22 A WELL, I USE BLACK POWDER TO DEVELOP ANY=20
23 LATENT PRINTS THAT MAY HAVE BEEN THERE. WHEN I DID=20
24 FIND SOME, I USED FINGERPRINT TAPE AND ATTACHED THEM=20
25 TO LATENT PRINT CARDS.
26 Q I'VE ASKED YOU TO DO THAT FAIRLY QUICKLY. =20
27 PERHAPS YOU COULD TELL US A LITTLE BIT MORE ABOUT=20
28 HOW THAT PROCESS WORKS.
Page 314
1 A ABOUT THE BLACK POWDERING?
2 Q CORRECT.=20
3 IF YOU COULD, START WITH THE PROCESS OF HOW=20
4 DO YOU LOOK FOR AND ULTIMATELY USE BLACK POWDER TO=20
5 OBTAIN LATENT FINGERPRINTS?
6 THE COURT: COUNSEL, IS THIS AN AREA THAT YOU'RE=20
7 INTERESTED IN, HOW SHE ACTUALLY GOT THE PRINTS?
8 MR. FELDMAN: OH, YES.=20
9 THE COURT: OKAY.
10 I WAS TRYING TO SHORTCUT IT BUT IT DIDN'T=20
11 WORK.=20
12 MR. CLARKE: I APPRECIATE THAT.=20
13 THE COURT: GO AHEAD.=20
14 BY MR. CLARKE:=20
15 Q COULD YOU TELL US A LITTLE BIT, IN OTHER=20
16 WORDS, IN A FAIRLY SUMMARY FASHION, HOW WHEN YOU=20
17 ENTER AN ITEM LIKE A MOTORHOME AND YOU'RE LOOKING=20
18 FOR LATENT FINGERPRINTS HOW YOU GO ABOUT TRYING TO=20
19 DETECT THEM?
20 A A LOT OF TIMES I USE A FLASHLIGHT TO SEE IF=20
21 THERE'S ANY PRINTS VISIBLE. AND THEN I WILL ALSO=20
22 USE WHATEVER TECHNIQUE IS APPROPRIATE. IN THIS CASE=20
23 I USED BLACK POWDER, BY JUST USING A FINGERPRINT=20
24 BRUSH AND ADDING THE BLACK POWDER TO THE SURFACES=20
25 THAT I PROCESSED.=20
26 Q AND IS THAT FOR PURPOSES OF THEN BEING ABLE=20
27 TO VISUALIZE THE PRESENCE OF A LATENT FINGERPRINT=20
28 THAT WAS OTHERWISE INVISIBLE TO YOUR EYE PRIOR TO=20
Page 315
1 THAT?
2 A YES.=20
3 Q WERE YOU THEN ABLE TO RECOVER THESE=20
4 FINGERPRINTS OR ONE OR MORE LATENT FINGERPRINTS=20
5 INSIDE THE MOTORHOME?
6 A YES.
7 Q IN PARTICULAR, DID YOU LOCATE ANY LATENT=20
8 FINGERPRINT IN THE AREA OF THE BED AT THE REAR OF=20
9 THE MOTORHOME?
10 A YES, I DID.=20
11 Q COULD YOU DESCRIBE THE LOCATION OF ANY SUCH=20
12 PRINTS THAT YOU LOCATED THERE?
13 A WELL, THERE WAS A PRINT THAT I GOT OFF OF=20
14 THE -- THERE'S SOME CABINETS ON THE SIDE OF -- ON=20
15 BOTH SIDES OF THE BED, ACTUALLY. BUT ONE CABINET=20
16 WOULD HAPPEN TO BE ON THE DRIVER'S SIDE OF THE=20
17 MOTORHOME WHERE I DEVELOPED SOME LATENT PRINTS.
18 Q WAS THAT AS A RESULT OF USE OF THIS POWDER?
19 A YES.
20 Q DID YOU THEN TRANSFER THOSE IMPRESSIONS=20
21 FROM THE WALL, OR THE CABINET RATHER, TO THESE CARDS=20
22 THAT YOU'VE DESCRIBED?
23 A YES. I USED LIFTING TAPE AND ATTACH IT TO=20
24 THE CARDS.=20
25 Q WHEN YOU MAKE THOSE TRANSFERS TO THE CARDS,=20
26 DO YOU LABEL THE CARDS IN ANY FASHION?
27 A YES.=20
28 Q WHAT DO YOU PUT ON THOSE CARDS?
Page 316
1 A IF I REFER TO MY NOTES, I CAN TELL YOU=20
2 EXACTLY WHAT'S ON THOSE.
3 Q ALL RIGHT. IF IT WOULD ASSIST YOU IN=20
4 REFRESHING YOUR RECOLLECTION, WOULD YOU PLEASE DO=20
5 THAT.
6 A YES, IT WOULD.=20
7 ON THE FINGERPRINT CARD I PUT THE CASE=20
8 NUMBER, THE VICTIM'S NAME, MY NAME AND I.D., THE=20
9 DATE, AND THE TIME THAT I MADE THE LIFT AS WELL AS=20
10 THE LOCATION OF THE LIFT.
11 Q AND, IN PARTICULAR, COULD YOU DESCRIBE FOR=20
12 US HOW YOU LABELED THE IMPRESSIONS THAT YOU=20
13 RECOVERED FROM THE CABINET ON THE DRIVER'S SIDE OF=20
14 THE MOTORHOME NEAR THE BED?
15 A YOU WANT THE DESCRIPTION OF WHERE -- THE=20
16 LOCATION?=20
17 Q CORRECT.
18 A OKAY. I PUT THE SIDE OF THE WOODEN CABINET=20
19 ON THE DRIVER'S SIDE OF THE BED IN THE MOTORHOME.=20
20 Q YOU DESCRIBED, I BELIEVE, THAT ON THE=20
21 LATENT PRINT CARDS YOU ALSO PUT A CASE NUMBER; IS=20
22 THAT CORRECT?
23 A YES.=20
24 Q WHAT WAS THAT CASE NUMBER THAT YOU LABELED=20
25 THAT CARD WITH?
26 A I LABELED IT WITH 802-008101.
27 Q VERY GOOD. THANK YOU.=20
28 MR. CLARKE: I HAVE NO FURTHER QUESTIONS, YOUR=20
Page 317
1 HONOR.=20
2 THE COURT: GO AHEAD, COUNSEL.
3 MR. FELDMAN: COULD I APPROACH, PLEASE?
4 THE COURT: SURE.
5 =20
6 CROSS-EXAMINATION
7 BY MR. FELDMAN:
8 Q GOOD MORNING.
9 A GOOD MORNING.=20
10 Q MA'AM, YOU'RE REFERRING TO WHAT APPEARED TO=20
11 BE DOCUMENTS THAT I'VE NEVER SEEN BEFORE.=20
12 THE COURT: COUNSEL, SHE WOULDN'T KNOW THAT.
13 MR. FELDMAN: NO, YOU WOULDN'T.
14 BY MR. FELDMAN:
15 Q MA'AM, WITH REGARD TO THE TWO DOCUMENTS=20
16 THAT YOU JUST USED TO REFRESH YOUR RECOLLECTION, DID=20
17 YOU PROVIDE THEM TO THE DISTRICT ATTORNEY'S OFFICE?
18 A I PROVIDED COPIES OF MY EVIDENCE LIST TO=20
19 NOT THE DISTRICT ATTORNEY'S OFFICE, TO THE HOMICIDE=20
20 TEAM THAT I WORK FOR.=20
21 Q SPECIFICALLY DIRECTING YOUR ATTENTION TO=20
22 THAT WHICH IS MARKED "LATENT FINGERPRINT CARD" AND=20
23 WHICH APPEARS TO BE TWO PAGES, DID YOU PROVIDE THOSE=20
24 TO THE DISTRICT ATTORNEY'S OFFICE?
25 A THEY'RE PART OF MY NOTES, SO NO.
26 MR. FELDMAN: AT THIS TIME, YOUR HONOR, I'D ASK=20
27 TO HAVE MARKED AS DEFENDANT'S NEXT IN ORDER TWO=20
28 PAGES OF NOTES.=20
Page 318
1 THE COURT: ANY OBJECTION?
2 MR. CLARKE: NO, YOUR HONOR.
3 THE COURT: ALL RIGHT. NEXT IN ORDER WOULD BE=20
4 WHAT, COUNSEL? YOU'VE GOT THE TAGS. IF YOU WANT MY=20
5 IMPRESSION, IT'S "E." AM I RIGHT?
6 MR. FELDMAN: ON OUR NEXT, YES. THANK YOU. =20
7 YOUR HONOR, JUST FOR THE RECORD --
8 (DEFENDANT'S EXHIBIT E MARKED FOR=20
9 IDENTIFICATION.)
10 MR. CLARKE: YOUR HONOR, THE ONLY THING I WANT=20
11 TO ENSURE IS THE WITNESS IS ABLE TO GET THAT BACK.
12 THE COURT: WE PROVIDED PHOTOCOPY SERVICES IN=20
13 THE PAST. LET'S NOT MAKE A HABIT OUT OF IT BUT=20
14 WE'LL CONTINUE ON A LIMITED BASIS.=20
15 GO AHEAD.=20
16 BY MR. FELDMAN:
17 Q WITH REGARD TO THE LATENT FINGERPRINT NOW,=20
18 NOW I'D LIKE TO SPECIFICALLY DIRECT YOUR ATTENTION=20
19 TO DEFENDANT'S EXHIBIT E. WITH REGARD TO=20
20 DEFENDANT'S EXHIBIT E, WHEN WERE THESE TWO PAGES --=20
21 WELL, STRIKE THAT.=20
22 DEFENDANT'S EXHIBIT E STARTS WITH A=20
23 STATEMENT THAT SAYS THIS IS PAGE 3 OF 6 -- I'M=20
24 SORRY, THIS IS NUMBER 3 OF 6 CARDS; IS THAT CORRECT?
25 A YES.=20
26 Q AND THE VERY NEXT PAGE SAYS THIS IS 6 OF 6=20
27 CARDS; IS THAT CORRECT?
28 A YES.=20
Page 319
1 Q ARE THESE TWO PAGES THAT CONSTITUTE=20
2 DEFENDANT'S EXHIBIT E THE ONLY LATENT CARDS THAT YOU=20
3 HAVE IN CONNECTION WITH YOUR WORK IN THIS CASE?
4 A YES. =20
5 Q SO THERE'S NOT LIKE A PAGE 1 OR A PAGE 2?
6 A NO. JUST WHAT YOU SEE HERE.=20
7 Q ALL RIGHT. SPECIFICALLY DIRECTING YOUR=20
8 ATTENTION TO THESE LIFTS, CAN YOU TELL ME, INITIALLY=20
9 DIRECTING YOUR ATTENTION TO WHAT APPEARS TO BE LIFT=20
10 1 OF 6 CARDS, WHAT WAS THE ORIENTATION OF THAT=20
11 FINGERPRINT?
12 A IT WAS ON A WINDOW.
13 Q THAT'S THE LOCATION.=20
14 YOU UNDERSTAND -- DO YOU MAKE A DISTINCTION=20
15 IN YOUR BUSINESS BETWEEN ORIENTATION AND LOCATION?
16 A YES, I DO.=20
17 Q CAN YOU TELL US WHAT THE DISTINCTION --=20
18 WHEN I USE THE WORD "ORIENTATION," DO YOU UNDERSTAND=20
19 -- WELL, I'LL SAY IT A DIFFERENT WAY. SORRY.=20
20 WHEN YOU USE THE WORD "ORIENTATION," WHAT=20
21 DO YOU MEAN TO COMMUNICATE?
22 A WHAT IS THE TOP OR THE BOTTOM OR EITHER=20
23 SIDE OF SOMETHING.=20
24 Q SPECIFICALLY DIRECTING YOUR ATTENTION TO=20
25 WHAT APPEARS TO BE LATENT 1 OF 6, WHAT'S THE=20
26 ORIENTATION OF THAT PARTICULAR PRINT?
27 A THIS IS SHOWING THE LOCATION ON THE WINDOW=20
28 FOR LATENT PRINT NUMBER 1.=20
Page 320
1 Q SO YOU CAN'T ANSWER MY QUESTION, WHAT'S THE=20
2 ORIENTATION?
3 MR. CLARKE: OBJECTION. I THINK THAT'S=20
4 ARGUMENTATIVE, YOUR HONOR.
5 THE COURT: OVERRULED.=20
6 THE WITNESS: ON THE OTHER SIDE OF THE PRINT=20
7 CARD WHERE THE LIFT ACTUALLY IS, IT SHOWS WHICH WAY=20
8 WAS UP, THE TOP OF THE WINDOW.=20
9 BY MR. FELDMAN:
10 Q WELL, I UNDERSTAND THAT WHEN YOU JUST SAY=20
11 "UP" REFERRING TO THE TOP OF THE WINDOW. WHAT I'M=20
12 ASKING YOU ABOUT IS IN TERMS OF ORIENTATION, THOUGH,=20
13 IS THE DIRECTIONALITY IN WHICH THE PRINT THAT YOU=20
14 LIFTED IS MANIFESTED.
15 DO YOU UNDERSTAND?
16 A YOUR QUESTION IS?
17 THE COURT: YOU WANT TO ASK THAT USING OTHER=20
18 WORDS.=20
19 MR. FELDMAN: SURE.=20
20 BY MR. FELDMAN:
21 Q IF I TOUCH THIS COUNTER IN THE MANNER THAT=20
22 I'VE JUST TOUCHED IT, WE CAN AGREE THAT I'M POINTING=20
23 TOWARDS MR. -- TOWARDS THE PROSECUTION TABLE; IS=20
24 THAT FAIR?
25 A YES.
26 Q IF I TURN MY FINGER A PARTICULAR WAY, I'M=20
27 NOW FACING THE JURY BOX; CORRECT?
28 A YES.=20
Page 321
1 Q IF I TURN IT ANOTHER WAY, I'M FACING=20
2 MR. CLARKE BEHIND ME; CORRECT?
3 A CORRECT.
4 Q AND IF I TURN IT YET ANOTHER WAY, I'M=20
5 FACING THE JUDGE; RIGHT?
6 A OKAY.=20
7 Q I'M SORRY. YOU SAID "OKAY." BUT WE HAVE A=20
8 RECORD.
9 A RIGHT.=20
10 Q USING WHAT I'VE JUST DONE AS AN=20
11 ILLUSTRATION OF WHAT I MEAN TO COMMUNICATE BY=20
12 ORIENTATION, I'M ASKING YOU TO TELL ME WITH REGARD=20
13 TO LIFT 1 OF 6 WHAT WAS THE ORIENTATION? NOT UP=20
14 TOWARD THE WINDOW BECAUSE IN ALL CASES THE FINGER=20
15 WAS IN THE SAME LOCATION. BUT RIGHT, LEFT, NORTH,=20
16 SOUTH, 30 DEGREES.=20
17 DO YOU UNDERSTAND? I'M JUST TRYING TO GIVE=20
18 YOU WORDS TO DESCRIBE IT.
19 A I WOULD BE ABLE TO DETERMINE THAT BY=20
20 LOOKING AT THE FRONT OF THE CARD WHERE THE LIFT=20
21 ACTUALLY WAS.
22 Q DID YOU MAKE COPIES OF THE FRONT OF THE=20
23 CARD WHERE THE LIFT ACTUALLY WAS?
24 A NO.
25 Q AS TO LATENT PRINT 2, SAME QUESTION?
26 A IT WOULD BE THE SAME ANSWER, THAT I NEED TO=20
27 SEE THE ACTUAL PRINT ON THE FRONT OF THE CARD.
28 Q ISN'T PART OF YOUR TRAINING TO NOT ONLY=20
Page 322
1 IDENTIFY THE EXISTENCE OF LATENTS BUT TO IDENTIFY=20
2 ORIENTATION?
3 A YES. I DO ON THE FRONT OF THE CARD.
4 Q AND YOU DID SO IN THIS CASE; CORRECT?
5 A YES.=20
6 Q AND SO APPARENTLY, THEN, WHAT'S DEFENDANT'S=20
7 EXHIBIT E IS THE BACK OF THE CARDS?
8 A THAT'S CORRECT.=20
9 Q OKAY. DO YOU HAVE COPIES OF THE FRONT OF=20
10 THE CARDS?
11 A NO.=20
12 Q WHY?
13 MR. CLARKE: EXCUSE ME. I THINK THAT'S=20
14 ARGUMENTATIVE ALSO.
15 THE COURT: SUSTAINED.
16 BY MR. FELDMAN:
17 Q WHY DON'T YOU HAVE COPIES OF THE FRONT OF=20
18 THE CARDS?
19 THE COURT: SAME QUESTION. YOU JUST EXPANDED=20
20 IT.
21 MR. FELDMAN: I TRIED TO CHANGE IT A LITTLE BIT=20
22 TO GET AROUND THE OBJECTION.
23 THE COURT: YOU DIDN'T MAKE IT.=20
24 NEXT QUESTION.=20
25 BY MR. FELDMAN:
26 Q WHAT YOU'RE TELLING US, THEN, IS THAT YOU=20
27 DON'T HAVE AN INDEPENDENT RECOLLECTION AS TO=20
28 ORIENTATION OF ANY OF THE LIFTS THAT YOU MADE; IS=20
Page 323
1 THAT CORRECT?
2 A NOT WITHOUT SEEING THE FRONT OF THE CARDS,=20
3 CORRECT.=20
4 Q AND YOU DON'T HAVE THE FRONT OF THE CARDS=20
5 TO GIVE YOU, THAT'S RIGHT, ISN'T IT?
6 MR. CLARKE: EXCUSE ME. SAME OBJECTION. ALSO=20
7 ASSUMES FACTS NOT IN EVIDENCE.=20
8 THE COURT: I'M SURE THERE'S A FRONT OF THE=20
9 CARD. SUSTAINED.=20
10 COUNSEL, I WANT TO MAKE SURE THAT YOU'RE=20
11 PROVIDED AT SOME EXPEDIENT TIME COPIES OF ALL OF=20
12 THOSE CARDS. NOW, AGAIN, JUST TEN DAYS INTO THE=20
13 CASE.=20
14 MR. FELDMAN: JUDGE, WE'RE ON STATUTORY TIME. I=20
15 KNOW THAT'S THE SECOND TIME YOUR HONOR HAS MENTIONED=20
16 IT.
17 THE COURT: I UNDERSTAND THAT. I'M DOING MY=20
18 BEST TO MAKE SURE THAT YOU HAVE WHAT YOU NEED. =20
19 BUT --
20 MR. FELDMAN: THANK YOU.
21 THE COURT: -- YOU KNOW, YOU CAN'T EXPECT 110=20
22 PERCENT OF THE DISCOVERY PRIOR TO THE PRELIM.=20
23 MR. FELDMAN: THANK YOU, YOUR HONOR.=20
24 BY MR. FELDMAN:
25 Q YOU TOLD MR. CLARKE ON DIRECT EXAMINATION=20
26 THAT ONE OF THE MANNERS IN WHICH YOU SOUGHT TO LIFT=20
27 LATENT PRINTS WAS BY THE USE OF BLACK POWDER. PRIOR=20
28 TO YOUR USE OF BLACK POWDER WITHIN THE MOTORHOME,=20
Page 324
1 WAS IT FLUORESCED OR LUMINESCED OR ANYTHING ELSE?
2 A NO.=20
3 Q SO THE ONLY THING YOU DID WAS TO DO A=20
4 VISIBLE INSPECTION; IS THAT CORRECT?
5 A PRIOR TO POWDERING, YES.=20
6 Q HOW MUCH -- WAS THERE ANY OTHER INDIVIDUALS=20
7 WITHIN THE MOTORHOME AT THE TIME YOU MADE YOUR=20
8 INSPECTION?
9 A YES, I KNOW THERE WAS A DETECTIVE THERE=20
10 WITH ME.
11 Q DO YOU RECALL WHO THE DETECTIVE WAS?
12 A THAT WOULD HAVE BEEN DETECTIVE TOMSOVIC.
13 Q I'M SORRY?
14 A DETECTIVE TOMSOVIC.
15 Q WERE THERE ANY OTHER EVIDENCE TECHNICIANS,=20
16 CRIMINALISTS OR OTHER REPRESENTATIVES OF LAW=20
17 ENFORCEMENT IN THE MOTORHOME AT THE TIME YOU WERE=20
18 PERFORMING YOUR WORK?
19 A I BELIEVE THERE WERE -- WAS AT LEAST ONE=20
20 OTHER CRIMINALIST THERE IN AND OUT BUT THEY WERE NOT=20
21 IN THE MOTORHOME --
22 THE REPORTER: "THEY WERE NOT," "IN THE=20
23 MOTORHOME"?
24 THE WITNESS: THEY WERE IN AND OUT. THEY WERE=20
25 THERE AT THE SAME TIME I WAS.
26 BY MR. FELDMAN:=20
27 Q DID YOU PREPARE A REPORT REFLECTING YOUR=20
28 ACTIVITIES IN CONNECTION WITH THE LIFT?
Page 325
1 A WELL, MY EVIDENCE LIST INCLUDES THE=20
2 DIFFERENT LIFTS.=20
3 Q BUT MY QUESTION IS: DID YOU PREPARE A=20
4 REPORT, NOT A LIST, A REPORT REFLECTING WHAT=20
5 ACTIVITIES YOU TOOK ON THAT PARTICULAR DAY IN=20
6 ATTEMPTING TO RAISE THE LIFTS?
7 A A REPORT? NO.=20
8 Q YES.=20
9 SO YOU DID NOT PREPARE ANY REPORTS;=20
10 CORRECT?
11 A IF YOU'RE TALKING ABOUT REGARDING THE=20
12 FINGERPRINT PROCESSING?
13 Q YES.
14 A THERE'S NO REPORT.
15 Q WHAT ABOUT NOTES? DID YOU TAKE ANY NOTES?
16 A YES, I DID.=20
17 Q WITH REGARD TO YOUR NOTES, WERE THEY -- DO=20
18 YOU STILL HAVE THEM?
19 A I HAVE THE NOTES. NOT WITH ME.
20 MR. FELDMAN: SAME REQUEST.
21 THE COURT: RIGHT. YOU'RE TO RETRIEVE THEM,=20
22 GIVE THEM TO THE D.A.'S OFFICE IN A DAY OR SO. AND=20
23 THE D.A., I'M SURE, WILL SUPPLY TO THE DEFENSE.=20
24 BY MR. FELDMAN:
25 Q DID YOU PARTICIPATE, MA'AM, IN THE SEARCH=20
26 OF EITHER THE WESTERFIELD RESIDENCE OR VAN DAM=20
27 RESIDENCE?
28 MR. CLARKE: OBJECTION; BEYOND THE SCOPE.
Page 326
1 THE COURT: THAT'S BEYOND THE SCOPE. SUSTAINED.=20
2 BY MR. FELDMAN:
3 Q ONCE YOU REMOVED A LIFT AND YOU PUT IT ON=20
4 THE EVIDENCE CARD OR THE LIFT CARD THAT YOU'VE=20
5 DESCRIBED, WHAT DO YOU DO WITH IT?
6 A WELL, AFTER I LABELED THE BACK OF THE CARD,=20
7 THEN I COLLECT IT AND TAKE IT BACK TO THE=20
8 LABORATORY.=20
9 Q OKAY. ONCE YOU "TAKE IT BACK TO THE=20
10 LABORATORY," YOU MEAN YOU TAKE IT DOWN TO 14TH=20
11 STREET; IS THAT CORRECT?
12 A YES.=20
13 Q OKAY. 14TH STREET IS JUST WHERE THE POLICE=20
14 DEPARTMENT IS IN OUR TOWN; RIGHT?
15 A ON 14TH AND BROADWAY.
16 Q AND THERE'S A LABORATORY IN THE BUILDING,=20
17 IS THERE, THAT YOU DELIVER THE EVIDENCE THAT YOU=20
18 REMOVE?
19 A YES.=20
20 Q AND IS THERE A SPECIFIC PERSON TO WHOM YOU=20
21 DELIVER THE PARTICULAR LIFT CARD?
22 A WELL, I TURN IT IN TO THE LATENT PRINT=20
23 UNIT.=20
24 Q OKAY. AND WHO'S IN CHARGE OF -- WHEN YOU=20
25 SAY YOU "TURN IT IN," WHAT I'M TRYING TO DO IS TRACK=20
26 THE DOCUMENT THAT YOU FOUND. OKAY.
27 DO YOU UNDERSTAND ME?
28 A YES.=20
Page 327
1 Q OKAY. SO HYPOTHETICALLY, YOU GOT THIS ONE=20
2 LATENT CARD, ONE OF THE SIX. YOU SAID YOU TOOK IT=20
3 INTO THE LATENT FINGERPRINT UNIT.
4 WHAT DOES THAT LOOK LIKE? IS THAT AN=20
5 OFFICE? WHAT IS IT?
6 A LATENT PRINT UNIT IS AN OFFICE, YES.
7 Q OKAY. SO YOU TOOK IT INTO AN OFFICE.=20
8 THEN WHAT DID YOU DO WITH IT?
9 A WHEN I TAKE IT OVER THERE, I PUT IT IN AN=20
10 ENVELOPE. I PUT ALL THE LATENT PRINT CARDS TOGETHER=20
11 THAT I TOOK IN AN ENVELOPE. I SEAL THAT ENVELOPE=20
12 WITH EVIDENCE TAPE AND THEN THERE'S A RECORD OF WHEN=20
13 I TURNED IT IN. I SIGN MY NAME ON IT.=20
14 Q OKAY. SO WHAT YOU'RE TRYING TO DO IS=20
15 PROTECT THE CHAIN OF CUSTODY; IS THAT CORRECT?
16 A YES.=20
17 Q AND WHAT DOES THE CHAIN OF CUSTODY MEAN?
18 A THE CHAIN OF CUSTODY SHOWS ANY SORT OF=20
19 TRANSFERS OF EVIDENCE OF WHO DID IT, THEIR I.D.=20
20 NUMBER, THE PLACE.=20
21 Q MAKE SURE THAT EVIDENCE DOESN'T DISAPPEAR;=20
22 CORRECT?
23 A YES.
24 Q TO ENSURE THE INTEGRITY OF THE EVIDENCE;=20
25 CORRECT?
26 A YES.
27 Q TO ENSURE THAT NOBODY TAMPERS WITH THE=20
28 EVIDENCE; CORRECT?
Page 328
1 A YES.=20
2 Q SO WITH REGARD TO THE PARTICULAR SEALED=20
3 ENVELOPE TO WHICH YOU ARE MAKING REFERENCE, IS THAT=20
4 CHECKED IN TO ANY PARTICULAR AREA BEYOND THE LATENT=20
5 FINGERPRINT SECTION?
6 A ONCE I TURN IT IN TO THE LATENT PRINT UNIT,=20
7 THAT'S WHERE MY CHAIN ENDS, AND IT'S PICKED UP BY=20
8 THE PEOPLE THERE IN THE LATENT PRINT UNIT.
9 Q WHO DID YOU GIVE THE CARDS TO OR THE SEALED=20
10 ENVELOPE TO?
11 A THE ENVELOPE IS TURNED IN, LIKE I SAID, AND=20
12 I FILL OUT THE LOG THAT THEY HAVE THERE. AND THEN=20
13 WHOEVER IS AT THE DESK AT THAT TIME IS THE ONE WHO=20
14 WOULD LOG IT IN.
15 Q I WANT TO KNOW WHO THAT WAS.
16 CAN YOU TELL ME?
17 A I DON'T REMEMBER.=20
18 Q DO YOU HAVE ANY PAPERS THAT WOULD ASSIST=20
19 YOU IN, TO REVIEW TO REFRESH YOUR RECOLLECTION?
20 A NO.=20
21 Q IS THE PERSON TO WHOM YOU TURNED THE SEALED=20
22 ENVELOPE OVER LAW ENFORCEMENT OR NON-LAW ENFORCEMENT=20
23 STAFF?
24 A THEY WOULD BE CIVILIANS.
25 Q PARDON?
26 A THEY WOULD BE NON-LAW ENFORCEMENT.
27 Q AND ARE YOU CHARACTERIZED -- ARE YOU=20
28 DESCRIBED AS LAW ENFORCEMENT?
Page 329
1 A I WOULD BE A CIVILIAN EMPLOYEE.
2 Q SO IN OTHER WORDS, YOU TURN IT OVER TO A=20
3 CLERK; IS THAT RIGHT?
4 A YES.=20
5 Q AND BUT YOU DON'T REMEMBER THE NAME OF THE=20
6 CLERK; RIGHT?
7 A THERE'S USUALLY ONE CLERK SITTING AT THE=20
8 DESK WHERE THE LATENT PRINTS ARE TURNED IN. BUT I=20
9 CAN'T BE SURE THAT IT WAS HER THAT DAY WHEN I TURNED=20
10 IT IN.
11 Q AFTER IT'S TURNED IN TO THE LATENT PRINT=20
12 UNIT, YOU LOSE COMPLETE TRACK OF THE ENVELOPE; IS=20
13 THAT CORRECT?
14 A I DOCUMENT WHEN I TURN IT IN AND THEN, YES,=20
15 WHOEVER PICKS IT UP IN THE LATENT PRINT UNIT WOULD=20
16 HAVE TO DOCUMENT THEIR END OF IT.
17 Q OKAY. SO IN ORDER FOR US TO RETRIEVE OR=20
18 FOLLOW UP ON THE CHAIN OF CUSTODY WITH REGARD TO THE=20
19 SEALED ENVELOPE INTO WHICH YOU PLACE THESE SIX=20
20 LIFTS, WE NEED TO TAKE INTO THE LATENT PRINT=20
21 DEPARTMENT UNIT OF THE POLICE DEPARTMENT; IS THAT=20
22 CORRECT?
23 A RIGHT. THE LATENT PRINT UNIT WOULD HAVE=20
24 THE NEXT CHAIN OF CUSTODY.
25 Q ISN'T THERE SOME CENTRAL AREA WITHIN THE=20
26 SAN DIEGO POLICE DEPARTMENT TO WHICH YOU HAVE ACCESS=20
27 WHERE ALL EVIDENCE IS STORED?
28 MR. CLARKE: OBJECTION. I THINK THAT'S VAGUE.
Page 330
1 THE COURT: OVERRULED.
2 DO YOU UNDERSTAND THE QUESTION?
3 THE WITNESS: IF YOU COULD REPEAT IT, PLEASE.
4 BY MR. FELDMAN:
5 Q ISN'T THERE A CENTRAL LOCATION IN THE=20
6 SAN DIEGO POLICE DEPARTMENT WHERE ALL EVIDENCE IS=20
7 RETAINED OR STORED?
8 A WELL, I WOULDN'T SAY ALL EVIDENCE. THERE=20
9 IS A PROPERTY ROOM. HOWEVER, THE LATENT PRINT CARDS=20
10 ARE A DIFFERENT AREA.
11 Q WITH REGARD TO THE WESTERFIELD CASE, WAS=20
12 THE SAN DIEGO POLICE DEPARTMENT TREATING THE ITEMS=20
13 OF EVIDENCE THAT WERE BEING SEIZED AND PRODUCED=20
14 DURING THE INVESTIGATION IN A MANNER DIFFERENT, IN=20
15 YOUR EXPERIENCE, THAN ANY OTHER CASE?
16 A NO.=20
17 Q SO THEN WOULD -- IS IT FAIR TO INFER, THEN,=20
18 WITH REGARD TO ALL OF THE EVIDENCE THAT YOU SEIZED,=20
19 IT WOULD BE IN THE PROPERTY ROOM?
20 THE COURT: OTHER THAN THE CARDS?
21 MR. FELDMAN: OTHER THAN THE CARDS. I SAID=20
22 "EVIDENCE."=20
23 THE WITNESS: IT WILL EVENTUALLY GO TO THE=20
24 PROPERTY ROOM AFTER IT'S BROUGHT BACK, OTHER THAN=20
25 THE CARDS. YES.
26 BY MR. FELDMAN:
27 Q OKAY. WHEN YOU SAY "AFTER IT'S BROUGHT=20
28 BACK," WHAT DO YOU MEAN TO COMMUNICATE?
Page 331
1 A WHEN IT COMES BACK FROM A SCENE, A=20
2 PARTICULAR LOCATION WHERE I COLLECTED IT FROM,=20
3 WHEREVER, WE STORE IT IN THE EVIDENCE INVENTORY ROOM=20
4 IN THE LABORATORY. BEFORE IT GOES TO PROPERTY ROOM.=20
5 Q SPECIFICALLY DIRECTING YOUR ATTENTION TO=20
6 THAT LAUNDRY BAG TO WHICH YOU REFERRED ON DIRECT=20
7 EXAMINATION, IS THAT SOMETHING THAT WOULD BE STORED=20
8 IN THE EVIDENCE -- I'M SORRY, INVENTORY ROOM?
9 A ARE YOU REFERRING TO THE CLOTHING THAT WAS=20
10 RECEIVED FROM THE DRY CLEANER?
11 Q SOMEBODY COUGHED AND I MISSED WHAT YOU WERE=20
12 ASKING.
13 THE COURT: SHE ASKED WHETHER OR NOT YOU WERE=20
14 REFERRING TO THE CLOTHING THAT SHE RECEIVED.
15 MR. FELDMAN: YES.
16 BY MR. FELDMAN:
17 Q I THINK YOU TOLD US EARLIER THAT THERE WERE=20
18 SOME ITEMS OF CLOTHING THAT YOU RECEIVED.=20
19 IS THAT CORRECT?
20 A YES.=20
21 Q AND WITH REGARD TO THOSE ITEMS OF CLOTHING,=20
22 YOU TOLD US YOU DID NOT INVENTORY THEM; ISN'T THAT=20
23 TRUE?
24 A I DIDN'T GO THROUGH THOSE ITEMS. NO. I=20
25 COULD SEE THEM THROUGH THE CLEAR PLASTIC BAG.
26 Q WHY DIDN'T YOU INVENTORY THEM?
27 A BECAUSE THEY WERE BEING TURNED OVER TO A=20
28 CRIMINALIST.=20
Page 332
1 Q SO YOUR JOB IS TO MAKE SURE YOU DON'T=20
2 CONTAMINATE ANY OF THE EVIDENCE; IS THAT CORRECT?
3 A I DIDN'T OPEN THAT PIECE OF EVIDENCE.
4 Q THAT'S NOT WHAT I ASKED YOU.=20
5 WHAT I ASKED YOU IS WHETHER OR NOT IT WAS=20
6 YOUR JOB TO ENSURE THAT YOU DON'T CONTAMINATE=20
7 EVIDENCE.
8 MR. CLARKE: EXCUSE ME. I THINK THAT'S=20
9 ARGUMENTATIVE, YOUR HONOR.
10 THE COURT: OVERRULED.
11 THE WITNESS: YES.
12 BY MR. FELDMAN:
13 Q BECAUSE YOU'RE AWARE THAT CONTAMINATING=20
14 EVIDENCE CAN RESULT IN ADVERSE CONSEQUENCES?
15 MR. CLARKE: OBJECTION; VAGUE.
16 THE COURT: SUSTAINED.=20
17 YOU DON'T NEED TO ASK THE QUESTION. =20
18 EVERYBODY KNOWS WHAT CONTAMINATE EVIDENCE MEANS.
19 BY MR. FELDMAN:
20 Q WITH REGARD TO YOUR EXPERIENCE IN THIS=20
21 PARTICULAR CASE, WHEN YOU WENT INTO THE MOTORHOME,=20
22 WERE YOU WEARING ANY KIND OF SHOES?
23 A YES.=20
24 Q YOU'RE AWARE, DIDN'T YOU PARTICIPATE IN,=20
25 FOR INSTANCE, PUTTING LIFT TAPE ON MR. WESTERFIELD'S=20
26 SHOES?
27 A NO.=20
28 Q DID ANYBODY PRESERVE THE DIRT THAT CAME=20
Page 333
1 FROM YOUR SHOES, IF ANY, THAT MAY HAVE OCCURRED OR=20
2 ADHERED TO YOUR SHOES AS YOU WALKED THROUGH THE=20
3 MOTORHOME?
4 A DID ANYONE COLLECT IT? IS THAT WHAT YOU=20
5 ASKED?
6 Q YES.
7 A NO.
8 Q WITH REGARD TO THE FLOOR OF THE MOTORHOME,=20
9 DID YOU TAKE ANY PARTICULAR PRECAUTIONS TO ENSURE=20
10 THAT YOU DIDN'T TRANSFER FROM ONE POINT OF THE=20
11 MOTORHOME TO ANOTHER POINT OF THE MOTORHOME ANY=20
12 TRACE EVIDENCE?
13 A I WALKED THROUGH THE MOTORHOME. SO NO.=20
14 Q AND THERE, IT WASN'T AS THOUGH THERE WAS=20
15 CARPET LAID DOWN OR PAPER LAID DOWN OR SOMETHING TO=20
16 ENSURE THAT YOU DID NOT INADVERTENTLY DO ANYTHING TO=20
17 CONTAMINATE THE MOTORHOME?
18 A NO, THERE WAS NO OTHER CARPET LAID DOWN=20
19 OTHER THAN WHAT WAS ALREADY THERE.
20 Q OKAY. BY THE TIME YOU GOT TO THE=20
21 MOTORHOME, AS YOU WERE WALKING TO THE AREA WHERE YOU=20
22 REMOVED THE FINGERPRINT THAT YOU TOLD US ABOUT=20
23 EARLIER, HAD ANY CARPET BEEN REMOVED FROM THE AREA=20
24 OF THE BATHROOM?
25 A I DON'T REMEMBER ANY CARPET BEING REMOVED,=20
26 NO.
27 Q AND THIS IS SOMETHING THAT WOULD HAVE STUCK=20
28 IN YOUR MIND, ISN'T THAT TRUE, BECAUSE IT WOULD HAVE=20
Page 334
1 BEEN UNUSUAL FROM YOUR STANDPOINT?
2 A WELL, WE DID REMOVE CARPET FROM THE=20
3 MOTORHOME. I DON'T REMEMBER WHAT TIME, WHETHER IT=20
4 WAS PRIOR TO MY FINGERPRINTING OR AFTER.=20
5 Q WHAT YOU JUST TOLD ME WAS, WHEN YOU WERE=20
6 ACTUALLY IN THE PROCESS OF REMOVING THE LIFTS, YOU=20
7 DID NOT RECALL THAT ANY CARPETING HAD AT THAT TIME=20
8 BEEN REMOVED FROM THE AREA OF THE BATHROOM; ISN'T=20
9 THAT TRUE?
10 A WELL, THE ONLY CARPET I REMEMBER IN THE=20
11 BATHROOM WAS A RUG. THERE WASN'T REALLY CARPETING=20
12 IN THE BATHROOM.=20
13 Q JUST OUTSIDE THE BATHROOM, WHAT WAS THE=20
14 FLOORING?
15 A THERE IS CARPETING OUTSIDE THE BATHROOM IN=20
16 THE HALLWAY.
17 Q AND DID YOU DO ANYTHING WITH REGARD TO THAT=20
18 CARPETING OUTSIDE THE HALLWAY TO ENSURE THAT YOU=20
19 DIDN'T DO ANYTHING TO CONTAMINATE IT?
20 A I WALKED THROUGH THERE. SO NO.
21 Q AND YOU KNOW, BASED UPON YOUR ACQUAINTANCE=20
22 TO THE CASE, THERE'S AN ISSUE ABOUT THE CARPETING=20
23 RIGHT OUTSIDE THE BATHROOM; ISN'T THAT TRUE?
24 MR. CLARKE: OBJECTION; VAGUE, ARGUMENTATIVE.
25 THE COURT: SUSTAINED.=20
26 MR. FELDMAN: I'M SORRY, ON WHICH GROUND?
27 THE COURT: BOTH.
28 //////
Page 335
1 BY MR. FELDMAN:
2 Q HAD YOU ACQUIRED INFORMATION WHICH HAS=20
3 CAUSED YOU TO BELIEVE THAT THE AREA JUST OUTSIDE THE=20
4 BATHROOM OF MR. WESTERFIELD'S MOTORHOME MIGHT HAVE=20
5 SOME PARTICULAR EVIDENTIARY VALUE?
6 A YES.=20
7 Q DID YOU HAVE THAT INFORMATION ON FEBRUARY=20
8 THE 6TH? WHICH I BELIEVE IS THE DATE YOU TOLD US=20
9 YOU LIFTED THE PRINTS.
10 MR. CLARKE: OBJECTION. I THINK THAT MISSTATES=20
11 THE EVIDENCE.
12 THE COURT: I THINK IT'S FEBRUARY 8TH, COUNSEL.
13 MR. FELDMAN: THANK YOU.=20
14 BY MR. FELDMAN:
15 Q ON FEBRUARY THE 8TH, DID YOU HAVE THAT=20
16 INFORMATION?
17 A WHICH INFORMATION ARE YOU REFERRING TO?
18 Q THE INFORMATION THAT THERE MIGHT HAVE BEEN=20
19 SOME EVIDENCE THAT LAW ENFORCEMENT WAS INTERESTED IN=20
20 IN THE MOTORHOME?
21 MR. CLARKE: I THINK THAT'S VAGUE, YOUR HONOR.
22 THE COURT: SUSTAINED.=20
23 AREN'T WE TALKING ABOUT SOMETHING TO DO=20
24 WITH THE BATHROOM?
25 MR. FELDMAN: YES.
26 THE COURT: MAYBE YOU WANT TO PINPOINT THAT. =20
27 YOU HAVE TO UNDERSTAND THAT ALL OF YOU KNOW THIS=20
28 CASE AND KNOW THE FACTS. I'M JUST SITTING HERE=20
Page 336
1 HEARING MOST OF IT FOR THE FIRST TIME OR ALL OF IT=20
2 FOR THE FIRST TIME.=20
3 BY MR. FELDMAN:
4 Q MA'AM, DIRECTING YOUR ATTENTION AGAIN TO=20
5 FEBRUARY THE 8TH. AND SPECIFICALLY DIRECTING YOUR=20
6 ATTENTION TO THAT TIME PERIOD WHEN YOU WERE ABOUT TO=20
7 OR JUST HAD REMOVED THE LIFTS, AND MORE SPECIFICALLY=20
8 DIRECTING YOUR ATTENTION TO THE AREA JUST OUTSIDE=20
9 THE BATHROOM WHERE THERE IS THE FLOORING OR=20
10 CARPETING OR WHATEVER.=20
11 ON THAT DATE, YOU HAD KNOWLEDGE THAT LAW=20
12 ENFORCEMENT HAD AN INTEREST IN THAT SPECIFIC AREA OF=20
13 CARPETING, AND I'M SPECIFICALLY REFERRING TO THE=20
14 AREA JUST OUTSIDE THE BATHROOM.
15 MR. CLARKE: OBJECTION; VAGUE.=20
16 THE COURT: WELL, IT'S NOT VAGUE. OVERRULED.
17 YOU KNEW THERE WAS SOMETHING SPECIAL, OR=20
18 SOME INTEREST IN THAT AREA; CORRECT?
19 THE WITNESS: YES.=20
20 THE COURT: ALL RIGHT. NEXT QUESTION.
21 MR. FELDMAN: THANK YOU.=20
22 BY MR. FELDMAN:
23 Q WITH REGARD TO -- I'M SWITCHING ON YOU,=20
24 MA'AM. I'M SORRY. THAT'S HOW I THINK.=20
25 WITH REGARD TO THE BAG THAT HAD THE PIECES=20
26 OF EVIDENCE THAT YOU DID NOT INVENTORY, FROM WHOM=20
27 DID YOU RECEIVE THAT BAG?
28 A ONCE AGAIN, YOU'RE TALKING ABOUT THE=20
Page 337
1 CLOTHING THAT I RECEIVED?
2 Q YES.
3 A I RECEIVED THE CLOTHING FROM=20
4 DETECTIVE TORGERSEN.
5 Q AT THE TIME YOU RECEIVED THE CLOTHING FROM=20
6 DETECTIVE TORGERSEN, WAS IT CONTAINED IN ANY -- WAS=20
7 IT IN ANY KIND OF A CONTAINER?
8 A IT WAS IN A CLEAR PLASTIC BAG FROM THE DRY=20
9 CLEANERS.
10 Q SO IT WAS LIKE IT WAS JUST DIRECTLY TAKEN=20
11 FROM THE DRY CLEANERS; IS THAT CORRECT?
12 A YES.=20
13 Q AND WHAT DID YOU DO UPON YOUR RECEIPT OF=20
14 THOSE PARTICULAR ITEMS FROM DETECTIVE TORGERSEN?
15 A I WOULD HAVE PLACED THEM IN A PAPER BAG AND=20
16 SEALED THAT BAG BEFORE TURNING IT OVER.
17 Q MA'AM, YOU JUST TOLD ME YOU WOULD HAVE=20
18 PLACED THEM IN A PAPER BAG. WHAT I'M ASKING YOU=20
19 WHAT YOU ACTUALLY DID.
20 A I DID PLACE THEM IN A PAPER BAG AND SEALED=20
21 IT.=20
22 Q OKAY. DO YOU HAVE A SPECIFIC RECOLLECTION=20
23 OF ACTUALLY PLACING THOSE THREE ITEMS IN THE PAPER=20
24 BAG TO WHICH YOU'VE JUST MADE REFERENCE?
25 A I BELIEVE I DID.=20
26 Q ARE YOU GUESSING?
27 A NO, I'M NOT GUESSING.=20
28 Q ONE MORE TIME. I'M SORRY.=20
Page 338
1 I'M ASKING YOU: DO YOU HAVE A SPECIFIC=20
2 RECOLLECTION, THAT MEANS DO YOU ACTUALLY REMEMBER=20
3 DOING IT?
4 A NO.=20
5 Q AS PART OF YOUR TRAINING AT GROSSMONT=20
6 COLLEGE AND ON YOUR ON-THE-JOB TRAINING, HAVEN'T YOU=20
7 BEEN TRAINED TO PREPARE REPORTS?
8 A YES.=20
9 Q AND YOU'VE BEEN TRAINED TO PREPARE REPORTS=20
10 BECAUSE YOU'VE LEARNED THAT PEOPLE'S MEMORIES FADE=20
11 WITH TIME; ISN'T THAT CORRECT?
12 A YES.=20
13 Q AND THE PURPOSE OF PREPARING -- YOU'VE ALSO=20
14 BEEN TRAINED TO PREPARE REPORTS CONTEMPORANEOUSLY=20
15 WITH YOUR ACTIVITIES; ISN'T THAT CORRECT?
16 A TAKE NOTES, GENERALLY.=20
17 Q AND THE REASON YOU TAKE THE NOTES IS SO=20
18 THAT YOU MEMORIALIZE, YOU PRESERVE EXACTLY WHAT YOU=20
19 DID WHEN THE EVENTS ARE FRESHEST IN YOUR MIND;=20
20 RIGHT?
21 A YES.=20
22 Q CAN YOU TELL ME, DO YOU HAVE A REPORT=20
23 REFLECTING WHAT EXACTLY YOU DID WITH THE CLOTHING=20
24 TORGERSEN GAVE YOU?
25 A I HAVE A CHAIN OF CUSTODY, YES.=20
26 Q NOW, I ASKED YOU BEFORE AND YOU ANSWERED ME=20
27 BACK CHAIN OF CUSTODY.=20
28 I'M ASKING YOU: DID YOU PREPARE A REPORT=20
Page 339
1 REFLECTING YOUR ACTIVITIES?
2 A THE ONLY THING I RECALL IS THE CHAIN OF=20
3 CUSTODY.
4 Q SO THE ANSWER IS NO; CORRECT?
5 MR. CLARKE: OBJECTION; ARGUMENTATIVE, YOUR=20
6 HONOR.
7 THE COURT: I DON'T THINK IT'S ARGUMENTATIVE.=20
8 DID YOU -- I'M GOING TO ASK A QUESTION. MY=20
9 UNDERSTANDING WAS IS THAT OTHER THAN THE EVIDENCE=20
10 LISTS, YOU DIDN'T PREPARE ANY REPORTS.=20
11 AM I CORRECT?
12 THE WITNESS: I DID PHOTOGRAPH LISTS AS WELL.=20
13 THE COURT: OKAY. OTHER THAN SOME LISTS, YOU=20
14 DIDN'T PREPARE WHAT WE TRADITIONALLY LOOK AT AS A=20
15 POLICE REPORT OR INVESTIGATIVE REPORT; AM I CORRECT?
16 THE WITNESS: CORRECT.
17 THE COURT: ALL RIGHT. GO AHEAD, COUNSEL.
18 BY MR. FELDMAN:
19 Q BUT DID YOU TAKE NOTES OF YOUR ACTIVITIES,=20
20 THAT IS, SPECIFIC ACTIVITIES IN CONNECTION WITH WHAT=20
21 YOU DID WITH THE EVIDENCE THAT TORGERSEN GAVE YOU?
22 A I DON'T RECALL IF I WROTE IT ON THE NOTE=20
23 PAGE OTHER THAN THE CHAIN OF CUSTODY THAT I KNOW OF=20
24 I HAVE.=20
25 Q OKAY. NOW YOU'VE REFERRED TO THE CHAIN OF=20
26 CUSTODY. I TAKE IT WHAT YOU MEAN TO COMMUNICATE IS=20
27 -- WELL, LET ME WITHDRAW THAT.=20
28 I ASKED YOU A QUESTION EARLIER AND AT LEAST=20
Page 340
1 MY NOTES SAID YOU ANSWERED I HAVE A CHAIN OF CUSTODY=20
2 TO REFLECT YOUR BEHAVIOR, IS WHAT YOU DID. CAN YOU=20
3 TELL US WHAT DO YOU MEAN BY OR WHAT DID YOU MEAN BY=20
4 YOUR CHAIN OF CUSTODY?
5 A THE CHAIN OF CUSTODY IS A SPECIFIC FORM=20
6 THAT WE USE IN THE LABORATORY, WHICH SHOWS THE=20
7 PERSON WHO RELEASED AN ITEM, RECEIVED THE ITEM. IT=20
8 DESCRIBES THE ITEM AND THE DATE.=20
9 THE COURT: THAT'S THE CHECK-IN SHEET WHEN YOU=20
10 TURN IN EVIDENCE; CORRECT?
11 THE WITNESS: YES.
12 THE COURT: OKAY.
13 BY MR. FELDMAN:
14 Q CHECK-IN SHEET IS SLIGHTLY DIFFERENT=20
15 BECAUSE ON THE CHAIN OF CUSTODY THAT YOU'RE=20
16 REFERRING TO, IT ALSO REFLECTS COMPUTER LABELS,=20
17 DOESN'T IT?
18 A NO, I'M NOT SURE WHAT YOU'RE REFERRING TO.=20
19 Q HAS THE TECHNOLOGY WITHIN THE POLICE=20
20 DEPARTMENT EVOLVED TO THE POINT WHERE AT LEAST YOU=20
21 UTILIZE COMPUTER LABELING OR SCANNING DEVICES TO=20
22 ASSIST YOU IN TRACKING PARTICULAR PIECES OF EVIDENCE=20
23 IN LARGE-EVIDENCE-VOLUME-TYPE CASES?
24 A NOT TO MY KNOWLEDGE, NO.=20
25 Q SO THEN I -- STRIKE THAT.=20
26 IT'S THE CASE, THEN, THAT IN THIS CASE=20
27 THERE IS NO MASTER COMPUTER LIST MAINTAINING ALL OF=20
28 THE PIECES OF EVIDENCE BUT ONLY A DOCUMENT TO WHICH=20
Page 341
1 THAT YOU CALL AN INTERNAL CHAIN OF CUSTODY; IS THAT=20
2 RIGHT?
3 A YES.
4 MR. FELDMAN: IF I COULD APPROACH?
5 THE COURT: YOU MAY.
6 BY MR. FELDMAN:
7 Q I'M SHOWING YOU JUST A PIECE OF PAPER.=20
8 MR. FELDMAN: COUNSEL, 1299 OF THE DISCOVERY.=20
9 THE COURT: HE DIDN'T BRING HIS NOTEBOOK. LET=20
10 HIM SEE IT.
11 MR. FELDMAN: NO, OF COURSE.
12 BY MR. FELDMAN:=20
13 Q I'M JUST ASKING YOU: WHEN YOU REFER TO=20
14 "YOUR CHAIN OF CUSTODY" -- I'M SHOWING YOU A PIECE=20
15 OF PAPER. I'M DELIBERATELY NOT MARKING IT BECAUSE I=20
16 DON'T WANT TO LOSE IT. IF I HAVE TO MARK IT, I'LL=20
17 MARK IT.
18 IT IS DISCOVERY PAGE 1299. THAT'S JUST OUR=20
19 MASTER BATE SYSTEM. ACTUALLY THEIR MASTER BATE=20
20 SYSTEM.
21 IS THIS DOCUMENT WHAT YOU MEANT TO DESCRIBE=20
22 WHEN YOU WERE DESCRIBING INTERNAL CHAIN OF CUSTODY=20
23 DOCUMENTS?
24 A YES.=20
25 Q AND, FOR INSTANCE, WE SEE THE NAME=20
26 K. LEALCALA; IS THAT RIGHT?
27 A YES.
28 Q IS THAT YOU?
Page 342
1 A THAT'S ME.
2 Q AND IN THE ORDINARY COURSE OF BUSINESS, IS=20
3 THERE SOME WRITING THAT YOU PUT BESIDES YOUR NAME,=20
4 BECAUSE THIS IS -- YOUR NAME IS TYPED; RIGHT?
5 A ON THIS FORM.
6 Q WELL, IS THIS FORM A TRUE AND ACCURATE COPY=20
7 OF OTHER INTERNAL CHAIN OF CUSTODY DOCUMENTS IN=20
8 CONNECTION WITH THE DANIELLE VAN DAM, SUSPECT DAVID=20
9 WESTERFIELD CASE?
10 A YES, BUT THEY ARE NOT ALL TYPES.
11 Q OKAY. IN THIS PARTICULAR -- WITH REGARD TO=20
12 THE DIS- -- THE PAGE NUMBER 1299, DO YOU SEE=20
13 ANYTHING THAT IS YOUR SIGNATURE OR YOUR HANDWRITING?
14 A YES.=20
15 Q COULD YOU PLEASE POINT IT OUT TO ME.
16 A MY INITIALS ARE HERE.=20
17 Q I'M SORRY. WHEN YOU SAID "HERE," YOU ARE=20
18 REFERRING TO THE TOP -- IT APPEARS TO BE THERE'S A=20
19 PROPERTY TAG MWO3863; IS THAT CORRECT?
20 A THAT'S SOMEONE'S INITIALS, YES.
21 Q BUT YOU WERE POINTING TO THE INITIALS THAT=20
22 APPEARED I GUESS DIRECTLY PARALLEL OR PERPENDICULAR,=20
23 I DON'T KNOW WHICH.
24 A THE INITIALS I'M REFERRING TO ARE MINE, ARE=20
25 RIGHT NEXT TO THE TYPED NAME.
26 Q AND YOU WERE ALSO THE EVIDENCE TECHNICIAN=20
27 WHO RECEIVED THE AUDIO TAPE OF THE JAIL CONTACT THAT=20
28 DETECTIVES OTT AND KEYSER TRIED ON THE 28TH; ISN'T=20
Page 343
1 THAT TRUE?
2 MR. CLARKE: OBJECTION, YOUR HONOR; BEYOND THE=20
3 SCOPE.
4 THE COURT: SUSTAINED.
5 BY MR. FELDMAN:
6 Q DID YOU RECEIVE ANY EVIDENCE FROM=20
7 DETECTIVES OTT OR KEYSER OUT OF THE MOTORHOME?
8 MR. CLARKE: SAME OBJECTION.
9 THE COURT: ONE PERSON AT A TIME.=20
10 ASK THE QUESTION AGAIN. I'LL LISTEN=20
11 CAREFULLY.=20
12 AND THE OBJECTION IS BEYOND THE SCOPE; AM I=20
13 CORRECT? I'M GETTING THE OBJECTION BEFORE THE=20
14 QUESTION. SO I CAN LISTEN.=20
15 MR. FELDMAN: I WONDER IF I CAN FIGURE THIS OUT.
16 THE COURT: GO AHEAD.
17 BY MR. FELDMAN:
18 Q DID YOU RECEIVE ANY PIECES OF EVIDENCE FROM=20
19 INSIDE THE MOTORHOME FROM DETECTIVES OTT OR KEYSER?
20 THE COURT: OVERRULED.
21 THE WITNESS: YES.
22 BY MR. FELDMAN:=20
23 Q AND DID EITHER -- WERE DETECTIVES OTT OR=20
24 KEYSER INSIDE THE MOTORHOME BEFORE YOU WERE ACTUALLY=20
25 INSIDE THE MOTORHOME, IF YOU KNOW?
26 MR. CLARKE: SAME OBJECTION.=20
27 THE COURT: OVERRULED.=20
28 THE WITNESS: I DON'T THINK THEY WERE IN THERE=20
Page 344
1 BEFORE I WAS.=20
2 BY MR. FELDMAN:
3 Q ARE YOU GUESSING?
4 A I'M NOT SURE IF THEY WERE OR NOT.=20
5 Q OKAY.=20
6 THE COURT: COUNSEL, I LET YOU GO A LITTLE BIT. =20
7 SHE TESTIFIED ABOUT THE FINGERPRINTS, SHE TESTIFIED=20
8 ABOUT THE ITEMS RETRIEVED FROM THE CLEANERS. THAT'S=20
9 ALL SHE TESTIFIED TO. THAT'S WHERE WE'RE GOING TO=20
10 KEEP IT.
11 MR. FELDMAN: YES, YOUR HONOR.
12 BY MR. FELDMAN:
13 Q WHEN YOU ENTERED THE MOTORHOME IN=20
14 PREPARATION FOR REMOVING THE PRINTS, OR AS YOU WERE=20
15 INSPECTING THE AREA TO TRY AND SEE WHAT YOU COULD=20
16 FIND, WAS THERE SOME KIND OF SIGN-IN OR SIGN-OUT=20
17 SHEET SO THAT LATER WE ALL, MEANING THE COURT=20
18 SYSTEM, COULD LEARN WHO HAD BEEN IN THE MOTORHOME=20
19 AND AT WHAT TIME PRIOR TO YOUR ENTRY?
20 A SO YOU'RE ASKING IF THERE WAS A SIGN-IN OR=20
21 SIGN-OUT SHEET?
22 Q YES, MA'AM.
23 A NOT TO MY KNOWLEDGE.=20
24 Q WAS THERE ANY DOCUMENT CREATED, TO YOUR=20
25 KNOWLEDGE, THAT YOU HAD TO SIGN TO REFLECT THE FACT=20
26 THAT YOU HAD BEEN INSIDE THE MOTORHOME?
27 A ONLY MY OWN NOTES.
28 Q OKAY. ONLY YOUR OWN NOTES; RIGHT?
Page 345
1 A UH-HUH.
2 Q SO THEREFORE THERE'S NO MASTER LIST FOR US=20
3 TO RECONSTRUCT WHO, BESIDES YOU, HAD BEEN IN, NOR=20
4 WHEN THEY HAD BEEN IN; CORRECT?
5 A I DON'T KNOW IF THERE IS OR NOT.=20
6 Q CERTAINLY YOU'VE NEVER SEEN ONE; IS THAT=20
7 CORRECT?
8 MR. CLARKE: OBJECTION. I THINK THIS HAS BEEN=20
9 ASKED AND ANSWERED.
10 THE COURT: SUSTAINED.=20
11 BY MR. FELDMAN:
12 Q REDIRECTING YOUR ATTENTION TO THE LAUNDRY=20
13 BAG. I'M SORRY. IS THERE SOME REASON YOU DID NOT=20
14 INSPECT THE CONTENTS?
15 MR. CLARKE: OBJECTION; ASKED AND ANSWERED.
16 THE COURT: OVERRULED. I DON'T REMEMBER THE=20
17 ANSWER.=20
18 THE WITNESS: AGAIN, ARE YOU REFERRING TO THE=20
19 CLOTHING THAT I RECEIVED FROM THE DRY CLEANERS?
20 BY MR. FELDMAN:
21 Q YES, I'M SORRY. YES.
22 A THE REASON I DID NOT GO THROUGH THE BAG OF=20
23 CLOTHING IS BECAUSE I KNEW I WAS TURNING IT OVER TO=20
24 THE CRIMINALIST AND I DECIDED NOT TO OPEN IT IN THE=20
25 LABORATORY IN THE AREA THAT I WORKED IN. =20
26 Q SO THEREFORE IT WOULDN'T HAVE BEEN OR IS=20
27 NOT YOUR FUNCTION TO EVALUATE PIECES OF EVIDENCE,=20
28 CLOTHING, FOR INSTANCE, FOR TRACE EVIDENCE; IS THAT=20
Page 346
1 CORRECT?
2 A I'M NOT A TRACE EVIDENCE ANALYST, NO.=20
3 Q WELL, I DIDN'T ASK WHETHER YOU WERE A TRACE=20
4 ANALYST, EVIDENCE ANALYST. I ASKED WHETHER IT WAS=20
5 PART OF YOUR JOB TO EVALUATE SCENES FOR PURPOSES OF=20
6 IDENTIFYING TRACE EVIDENCE.
7 A I DO LOOK FOR TRACE EVIDENCE AT SCENES,=20
8 YES.
9 Q AND DO YOU ALSO LOOK FOR TRACE EVIDENCE ON=20
10 PIECES OF PROPERTY THAT MAY BE LOCATED BY LAW=20
11 ENFORCEMENT?
12 A YES.=20
13 Q SO IN THIS PARTICULAR CASE, THOUGH, YOU DID=20
14 NOT LOOK AT THE LAUNDRY BAG WITH THE THREE PIECES OF=20
15 CLOTHING IN IT FOR EVALUATION OF TRACE EVIDENCE EVEN=20
16 THOUGH IN THE PAST YOU'VE DONE SO; THAT'S CORRECT,=20
17 ISN'T IT?
18 MR. CLARKE: I THINK THAT'S ARGUMENTATIVE.
19 THE COURT: SUSTAINED.
20 IN CASE YOU'RE WONDERING, I WANT TO FINISH=20
21 WITH THIS WITNESS BEFORE WE BREAK.
22 MR. FELDMAN: I UNDERSTAND. SO DO I.
23 BY MR. FELDMAN:
24 Q YOU TOLD US IN ONE OF MY EARLIER QUESTIONS,=20
25 I ASKED YOU WHETHER OR NOT OTT OR KEYSER HAD BEEN=20
26 INSIDE THE MOTORHOME, I THINK BEFORE YOU GOT THERE,=20
27 AND I THINK YOU SAID YOU COULDN'T REMEMBER OR YOU=20
28 DIDN'T KNOW. BUT, AGAIN, THAT'S MY MEMORY.=20
Page 347
1 MY QUESTION TO YOU IS, AND I JUST TRIED TO=20
2 FOCUS YOU, MA'AM, THAT'S ALL I'M TRYING TO DO: DO=20
3 YOU REMEMBER WHETHER OR NOT EITHER OTT OR KEYSER=20
4 WERE EVER IN THE MOTORHOME WHILE YOU WERE THERE?
5 A YES.=20
6 Q YOUR ANSWER YES, BECAUSE MY QUESTION IS=20
7 SOMEWHAT AMBIGUOUS. I ASKED YOU WHETHER YOU=20
8 REMEMBERED AND YOU SAID YES. SO NOW THAT I KNOW YOU=20
9 REMEMBER, CAN YOU TELL US WHAT YOU REMEMBER, PLEASE.
10 A THAT THEY WERE IN THE MOTORHOME AT THE SAME=20
11 TIME I WAS.=20
12 Q ALL RIGHT. DID EITHER OTT OR KEYSER, DID=20
13 YOU EVER SEE EITHER OF THEM IN THE AREA SIMILAR OR=20
14 CLOSE TO WHERE YOU WERE ACTUALLY ENGAGED IN=20
15 ATTEMPTING TO LIFT PRINTS?
16 A CERTAINLY NOT AT THE TIME I WAS LIFTING=20
17 THEM, I DON'T REMEMBER, NO.=20
18 Q HOW ABOUT BEFORE YOU WERE LIFTING THEM BUT=20
19 WHILE YOU WERE STILL IN THE MOTORHOME?
20 A I DON'T EVEN REMEMBER IF THEY WERE THERE ON=20
21 THAT PARTICULAR DAY THAT I LIFTED THE PRINTS.=20
22 Q BUT YOU REMEMBER A DAY WHERE YOU WERE=20
23 INSIDE THE MOTORHOME AND AT THE SAME TIME=20
24 MISTERS OTT AND KEYSER WERE THERE, TOO; CORRECT?
25 A YES.
26 MR. FELDMAN: NO FURTHER QUESTIONS.
27 THE COURT: ANYTHING FURTHER, COUNSEL?
28 MR. CLARKE: YES, YOUR HONOR.
Page 348
1 REDIRECT EXAMINATION
2 BY MR. CLARKE:=20
3 Q MISS LEALCALA, THE SEARCH THAT YOU=20
4 CONDUCTED THAT RESULTED IN RETRIEVING THE LATENT=20
5 FINGERPRINTS, I BELIEVE YOU SAID WAS FEBRUARY 8; IS=20
6 THAT CORRECT?
7 A YES.
8 Q DID YOU HAVE OCCASION TO, AND I THINK YOU=20
9 HAD SAID THAT YOU WERE ACTUALLY IN THE MOTORHOME=20
10 SEARCHING FOR EVIDENCE ON A PRIOR OCCASION; IS THAT=20
11 RIGHT?
12 A YES.=20
13 Q WAS ONE OF THOSE OR AT LEAST THAT OCCASION,=20
14 IF NOT ONE OF MORE THAN ONE OCCASION PRIOR TO=20
15 FEBRUARY 8TH, WERE YOU PRESENT WHEN A CRIMINALIST=20
16 NAMED ANNETTE PEER WAS ALSO IN THE MOTORHOME AT THE=20
17 SAME TIME AS YOU?
18 A YES.
19 MR. FELDMAN: SCOPE.=20
20 THE COURT: COUNSEL, YOU'RE PROBABLY RIGHT, BUT=20
21 I GAVE YOU LATITUDE, I'M GOING TO GIVE HIM LATITUDE=20
22 TO A CERTAIN EXTENT.
23 MR. CLARKE: THANK YOU, YOUR HONOR.
24 BY MR. CLARKE:
25 Q DURING THE COURSE OF YOUR PRESENCE IN THE=20
26 MOTORHOME, AND I'M SORRY, DID YOU SAY THE DATE, WHAT=20
27 THAT WAS? AND I'M REFERRING TO PRIOR TO=20
28 FEBRUARY 8TH.
Page 349
1 A I WAS THERE ON A COUPLE OF DIFFERENT DAYS.
2 Q THE OCCASION WITH ANNETTE PEER, WHAT WAS=20
3 THAT DATE?
4 A IF I LOOK AT MY EVIDENCE LIST, I COULD TELL=20
5 YOU THAT.
6 Q WOULD THAT REFRESH YOUR RECOLLECTION?
7 A YES.=20
8 Q WOULD YOU PLEASE DO SO.
9 A I KNOW I WAS THERE ON FEBRUARY THE 6TH AND=20
10 SO WAS CRIMINALIST ANNETTE PEER.
11 Q AT THAT TIME ON FEBRUARY 6TH, WERE YOU=20
12 AWARE WHETHER OR NOT MISS PEER HAD LOCATED A BLOOD=20
13 STAIN ON THE CARPET ON THAT DATE?
14 MR. FELDMAN: YOUR HONOR, ASSUMES FACTS NOT IN=20
15 EVIDENCE AND BEYOND THE SCOPE.
16 THE COURT: SUSTAINED. I GAVE YOU SOME=20
17 LATITUDE, BUT THAT'S -- YOU RAN OUT OF SPACE.
18 MR. CLARKE: THANK YOU, YOUR HONOR.
19 BY MR. CLARKE:=20
20 Q WITH RESPECT TO THAT DATE OF FEBRUARY 6=20
21 WHEN YOU WERE PRESENT WITH ANNETTE PEER, DID YOU=20
22 OBSERVE HER LOCATION OF A BLOOD STAIN?
23 MR. FELDMAN: ASSUMES FACTS NOT IN EVIDENCE. =20
24 OBJECTION. AND CALLS FOR A CONCLUSION.
25 THE COURT: IT'S BEYOND THE SCOPE AND I'M NOT=20
26 GOING TO ALLOW IT.=20
27 MR. CLARKE: VERY GOOD. THANK YOU, YOUR HONOR.
28 THE COURT: ANYTHING FURTHER?
Page 350
1 MR. CLARKE: I'M SORRY. ACTUALLY, I HAVE A=20
2 COUPLE MORE QUESTIONS.
3 THE COURT: GOOD.
4 BY MR. CLARKE:=20
5 Q WITH REGARD TO YOUR DESCRIPTION OF AN=20
6 EVIDENCE LIST, YOU COMPILED THAT EVIDENCE LIST BASED=20
7 ON YOUR ACTIONS IN SEARCHING THE MOTORHOME AND ANY=20
8 OTHER SEARCHES YOU CONDUCTED; IS THAT CORRECT?
9 MR. FELDMAN: OBJECTION; LEADING.
10 THE COURT: OVERRULED.
11 THE WITNESS: YES.
12 BY MR. CLARKE:=20
13 Q WITH REGARD TO THAT EVIDENCE LIST -- FIRST=20
14 OF ALL, DO YOU HAVE THAT IN FRONT OF YOU?
15 A YES, I DO.
16 Q HOW MANY PAGES IS IT, FIRST OF ALL?
17 A 20 PAGES.=20
18 Q AND IS IT SIGNED BY YOU?
19 A YES, IT IS.=20
20 Q DOES THAT, IN FACT, LIST THE VARIOUS ITEMS=20
21 THAT YOU SEIZED IN YOUR INVESTIGATION OF THE=20
22 DISAPPEARANCE OF DANIELLE VAN DAM?
23 A YES.
24 Q DOES IT ALSO INCLUDE -- BY THE WAY, AT THE=20
25 TOP, IF I CAN DIRECT YOUR ATTENTION TO THE FIRST=20
26 PAGE.=20
27 FIRST OF ALL, WHAT'S THE DOCUMENT ENTITLED?
28 A "EVIDENCE LIST." =20
Page 351
1 Q WELL, IN PARTICULAR, THE 20-PAGE DOCUMENT,=20
2 IS THERE A TITLE UNDERNEATH THE HEADING "SAN DIEGO=20
3 POLICE DEPARTMENT"?
4 MR. FELDMAN: SCOPE. OBJECTION.=20
5 THE COURT: OVERRULED.=20
6 THE WITNESS: YES.
7 BY MR. CLARKE:=20
8 Q WHAT IS THAT TITLE?
9 A IT SAID "FIELD SERVICES UNITS, LABORATORY=20
10 REPORT."
11 Q AND THIS IS WHAT YOU FILLED OUT?
12 A YES.=20
13 Q AND, IN FACT, DOES THAT INCLUDE A=20
14 DESCRIPTION BY YOU OF YOUR ACTIONS IN OBTAINING=20
15 EVIDENCE IN THIS CASE?
16 A YES.=20
17 Q DOES IT INCLUDE, FOR EXAMPLE, A LISTING BY=20
18 YOU OF THE JACKET THAT WE'VE BEEN SPEAKING ABOUT=20
19 THAT YOU OBTAINED FROM DETECTIVE TORGERSEN?
20 A IT INCLUDES THAT, YES.
21 Q AND INCLUDING THE CIRCUMSTANCES OF HOW YOU=20
22 OBTAINED IT FROM DETECTIVE TORGERSEN?
23 A YES.
24 Q AND, IN FACT, ON THE FIRST PAGE OF THE=20
25 REPORT, DOES IT DESCRIBE, FOR EXAMPLE, YOUR=20
26 OBTAINING OF EVIDENCE WHERE, WHEN, AND DETAILS SUCH=20
27 AS THAT?
28 A YES.=20
Page 352
1 MR. CLARKE: THANK YOU. NO FURTHER QUESTIONS.
2 THE COURT: COUNSEL?=20
3 =20
4 RECROSS-EXAMINATION
5 BY MR. FELDMAN:
6 Q JUST MR. CLARKE DIRECTED YOUR ATTENTION TO=20
7 THE TOP, AT THE VERY TOP WHERE IT SAYS "FIELD=20
8 SERVICES LAB REPORT." MOVE YOUR EYES DOWN ABOUT, I=20
9 DON'T KNOW, THREE INCHES.=20
10 WHAT DO THOSE TWO WORDS SAY?
11 "EVIDENCE LIST," DO YOU SEE THAT?
12 A YES.=20
13 Q WHEN YOU USE THE WORD "REPORT," DO YOU MEAN=20
14 TO DESCRIBE AN EVIDENCE LIST OR SOMETHING DIFFERENT?
15 A WHEN ARE YOU REFERRING TO WHEN I'M USING=20
16 THE WORD "REPORT?"
17 Q PARDON ME?
18 A WHEN ARE YOU REFERRING TO WHEN I'M USING=20
19 THE WORD "REPORT?"
20 Q DIDN'T YOU TELL ME EARLIER THAT YOU'RE=20
21 TRAINED TO PREPARE REPORTS?
22 A YES.
23 Q OKAY. WHEN YOU TOLD ME EARLIER THAT YOU=20
24 WERE TRAINED TO PREPARE REPORTS, YOU DIDN'T MEAN TO=20
25 COMMUNICATE THAT A REPORT WAS THE SAME THING AS AN=20
26 EVIDENCE LIST; RIGHT?
27 MR. CLARKE: OBJECTION; ARGUMENTATIVE.
28 THE COURT: SUSTAINED.
Page 353
1 BY MR. FELDMAN:
2 Q WHAT YOU'RE LOOKING AT IN FRONT OF YOU THAT=20
3 MR. CLARKE DIRECTED YOUR ATTENTION TO, THAT'S AN=20
4 EVIDENCE LIST; ISN'T IT?
5 MR. CLARKE: OBJECTION; ARGUMENTATIVE.=20
6 THE COURT: SUSTAINED.
7 BY MR. FELDMAN:=20
8 Q IS WHAT YOU'RE LOOKING AT AN EVIDENCE LIST?
9 THE REPORTER: HOLD ON A MINUTE.
10 THE COURT: SUSTAINED. YOU DON'T HAVE TO=20
11 ANSWER. WHEN I SUSTAIN AN OBJECTION, YOU DON'T NEED=20
12 TO ANSWER.=20
13 ARGUMENTATIVE. I'LL FIGURE OUT IF IT'S AN=20
14 EVIDENCE LIST OR A REPORT. MAYBE IT'S BOTH. I=20
15 DON'T KNOW.
16 NEXT.
17 BY MR. FELDMAN:
18 Q YOU TOLD MR. CLARKE JUST NOW THAT ON A=20
19 COUPLE OF DIFFERENT OCCASIONS YOU HAD BEEN INSIDE=20
20 THE MOTORHOME. WHAT NUMBER DO YOU MEAN TO=20
21 COMMUNICATE WHEN YOU USE THE WORD "COUPLE"?
22 A THERE WAS A FEW DIFFERENT DAYS.=20
23 THE COURT: CAN YOU PUT A NUMBER ON IT?
24 THE WITNESS: IT WAS AT LEAST THREE TIMES,=20
25 PROBABLY MORE THAN THAT.=20
26 BY MR. FELDMAN:
27 Q TEN TIMES?
28 A I'D HAVE TO LOOK AT MY REPORTS TO VERIFY=20
Page 354
1 THAT.=20
2 Q AT LEAST FOR NOW, YOU'D AGREE SOMEWHERE=20
3 BETWEEN THREE TO TEN TIMES, AT LEAST?
4 A IT WAS AT LEAST THREE TIMES, YES.
5 Q AND YOU'RE NOT RULING OUT -- DO YOU WANT TO=20
6 LOOK AT SOMETHING ELSE TO REFRESH YOUR RECOLLECTION=20
7 ON THAT ISSUE; IS THAT CORRECT, MA'AM?
8 A CORRECT.
9 MR. FELDMAN: NO FURTHER QUESTIONS.
10 THE COURT: ANYBODY HAVE ANYTHING FURTHER?
11 MR. CLARKE: NO.
12 MR. FELDMAN: YOUR HONOR?
13 THE COURT: YES, PLEASE?
14 MR. FELDMAN: NOTES.
15 THE COURT: I'VE ALREADY INDICATED THAT SHE=20
16 SHOULD TURN THEM OVER TO THE DISTRICT ATTORNEY'S=20
17 OFFICE AND IN DUE COURSE. AND WE'LL MAKE SURE THAT=20
18 YOU HAVE A COPY.
19 MR. FELDMAN: THANK YOU.
20 THE COURT: WE'RE OFFICIALLY IN RECESS. WE'RE=20
21 IN RECESS UNTIL A QUARTER TO 2:00. THANK YOU.=20
22 (PROCEEDINGS ADJOURNED.)
23 * * *
24 =20
25 =20
26 =20
27 =20
28
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