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Trial of David Westerfield, criminal defense trial San Diego California
Feldman: criminal defense lawyer
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PRELIMINARY HEARING SAN DIEGO, CALIFORNIA; THURSDAY, 3-14-02; 9:00 A.M.
WITNESS:
Brenda Van Dam
Page 472
1
2 -0-
3 (THE FOLLOWING PROCEEDINGS WERE HELD IN OPEN COURT.)
4 THE COURT: GOOD MORNING. ALL RIGHT. WE'RE
5 BACK ON THE RECORD.
6 COUNSEL, YOU'RE STANDING, THAT MEANS YOU
7 HAD SOMETHING TO SAY?
8 MR. FELDMAN: GOOD MORNING, YOUR HONOR.
9 IN YESTERDAY'S NEWSPAPER AN ARTICLE
10 APPEARED WHICH ESSENTIALLY READS -- WELL, IT WAS IN
11 THE "UNION-TRIBUNE" AND I'VE SHOWN IT TO COUNSEL.
12 I'D BE HAPPY TO SHOW IT TO YOUR HONOR. IT SAYS THAT
13 PRIVATELY LAW ENFORCEMENT SOURCES HAVE SAID THEY
14 BELIEVE MR. WESTERFIELD KIDNAPPED THE GIRL WITH A
15 PARTICULAR PURPOSE IN MIND.
16 IT WOULD SEEM, ALTHOUGH SOMEWHAT AMBIGUOUS,
17 AS THOUGH THIS MIGHT CONSTITUTE A BREACH OF THE
18 COURT'S GAG ORDER. AGAIN, THE DEFENSE' CONCERN IS
19 THAT THERE NOT BE LEAKS OUT.
20 AND I DON'T THINK MR. DUSEK OR MR. CLARKE
21 HAVE ANYTHING WHATSOEVER TO DO WITH THIS. I'M NOT
22 MAKING ANY ALLEGATIONS IN THEIR DIRECTION. I'M JUST
23 CONCERNED THAT YOUR HONOR'S ORDER BE FOLLOWED BY
24 EVERYBODY IN LAW ENFORCEMENT AND NOT JUST THE
25 PROSECUTION LAWYERS.
26 THE COURT: THANK YOU FOR BRINGING THAT TO MY
27 ATTENTION. I EXPECT THE ORDER TO BE COMPLIED WITH.
28 IF YOU HAVE ANY MOTIONS TO FILE, OR ANY CONTEMPTS TO
Page 473
1 BRING, PLEASE DO SO.
2 NEXT WITNESS, PLEASE.
3 MR. DUSEK: BRENDA VAN DAM.
4
5 BRENDA VAN DAM,
6 PEOPLE'S WITNESS, HAVING BEEN FIRST DULY SWORN,
7 TESTIFIED AS FOLLOWS:
8
9 THE COURT: PLEASE TAKE THE STAND.
10 GOOD MORNING. PLEASE HIT THAT MICROPHONE.
11 PLEASE TELL US YOUR NAME.
12 THE WITNESS: BRENDA VAN DAM.
13 THE COURT: WOULD YOU SPELL IT, MA'AM.
14 THE WITNESS: B-R-E-N-D-A, V-A-N, D-A-M.
15
16 DIRECT EXAMINATION
17 BY MR. DUSEK:
18 Q MRS. VAN DAM, ARE YOU MARRIED?
19 A YES.
20 Q WHO ARE YOU MARRIED TO?
21 A DAMON VAN DAM.
22 Q WHEN DID YOU GET MARRIED?
23 A MARCH 11TH, 1989.
24 Q SO YOU'VE BEEN MARRIED HOW MANY YEARS?
25 A THIRTEEN YEARS.
26 Q JUST HAD AN ANNIVERSARY?
27 A YES.
28 Q WHERE DO YOU LIVE?
Page 474
1 A SABRE SPRINGS.
2 Q WHAT'S THE ADDRESS?
3 A 12011 MOUNTAIN PASS ROAD.
4 Q SABRE SPRINGS IS IN WHAT PART OF THE CITY?
5 A SAN DIEGO.
6 Q UP IN NORTH COUNTY?
7 A YES.
8 Q DO YOU HAVE ANY CHILDREN?
9 A I HAVE THREE CHILDREN.
10 Q WHAT'S THE OLDEST CHILD'S NAME?
11 A (WITNESS CRYING.)
12 Q GO AHEAD AND USE --
13 A DERRICK.
14 THE COURT: IS THERE WATER UP THERE ALSO?
15 MR. DUSEK: THERE IS.
16 BY MR. DUSEK:
17 Q HOW OLD IS DERRICK?
18 A NINE.
19 Q WHAT WAS HIS BIRTHDAY?
20 A MARCH 9TH, 1992.
21 Q SO HE JUST HAD A BIRTHDAY?
22 A YES.
23 Q WHAT GRADE'S HE IN?
24 A FOURTH.
25 Q IS DANIELLE YOUR SECOND CHILD?
26 A YES.
27 Q WHAT WAS HER BIRTHDAY?
28 A SEPTEMBER 22, 1994.
Page 475
1 Q WHAT GRADE WAS SHE IN?
2 A SECOND.
3 Q AND YOUR THIRD CHILD WAS WHOM?
4 A DYLEN. DYLEN IS FIVE.
5 THE COURT: HOW DO YOU SPELL DYLEN?
6 THE WITNESS: D-Y-L-E-N.
7 THE COURT: COUNSEL, AT ANY TIME YOU NEED A
8 BREAK, LET ME KNOW.
9 BY MR. DUSEK:
10 Q YOU LET US KNOW IF YOU NEED TO TAKE A
11 BREAK. WE'LL ACCOMMODATE YOUR SITUATION.
12 A OKAY.
13 Q DOES DYLEN GO TO SCHOOL?
14 A YES. HE'S IN KINDERGARTEN.
15 Q YOUR HOUSE THERE IN SABRE SPRINGS, ONE
16 STORY OR TWO STORY?
17 A TWO.
18 Q HOW LONG HAVE YOU LIVED THERE?
19 A APPROXIMATELY THREE-AND-A-HALF YEARS.
20 Q DO YOU REMEMBER ABOUT WHEN YOU MOVED IN?
21 A I THINK IT WAS IN APRIL.
22 Q OF WHAT YEAR? DO YOU REMEMBER?
23 A I DON'T.
24 Q ALL RIGHT. THE BEDROOMS IN YOUR HOUSE,
25 WHERE ARE THEY LOCATED, FIRST OR SECOND FLOOR?
26 A SECOND FLOOR.
27 Q I ASSUME THERE'S A STAIRWAY IN THE HOUSE TO
28 GET UPSTAIRS.
Page 476
1 A YES.
2 Q WHEN YOU COME UP THE STAIRWAY AND GET TO
3 THE SECOND FLOOR, WHICH WAY DO YOU TURN TO GO TO
4 YOUR BEDROOM, THE MASTER BEDROOM?
5 A RIGHT.
6 Q AND HOW ABOUT TO THE KIDS' BEDROOM, WHICH
7 WAY DO YOU TURN?
8 A LEFT.
9 Q AS YOU TURN LEFT TO GO TO THE KIDS'
10 BEDROOMS, WHICH IS THE FIRST ONE YOU COME TO?
11 A DYLEN'S.
12 Q WHEN HIS DOOR IS CLOSED, IS THERE ANYTHING
13 ON HIS DOOR THAT WOULD INDICATE ANYTHING AT ALL
14 ABOUT THE TYPE OF PERSON, MALE, FEMALE, SEX,
15 ANYTHING OF THE PERSON --
16 A HE HAS TARZAN ON HIS DOOR.
17 Q WHAT DO YOU MEAN TARZAN?
18 A IT'S LIKE A 3-D STICKER ON HIS DOOR.
19 Q WHERE ON THE DOOR?
20 A IT'S DOWN AT HIS LEVEL. HE PUT IT ON.
21 Q HOW BIG IS IT?
22 A IT'S ABOUT THIS BIG.
23 THE COURT: SHOW ME.
24 THE WITNESS: (WITNESS INDICATING.)
25 BY MR. DUSEK:
26 Q ABOUT A FOOT?
27 A NO, ACTUALLY, IT'S PROBABLY ABOUT -- I'M
28 NOT SURE OF THE SIZE.
Page 477
1 MAYBE SIX INCHES BY SIX INCHES.
2 Q WHAT COLORS?
3 A GREEN AND YELLOW AND BROWN.
4 Q KIND OF BRIGHT?
5 A YES.
6 Q THE NEXT BEDROOM THAT YOU WOULD COME TO
7 WOULD BE WHOSE BEDROOM?
8 A DANIELLE'S.
9 Q DOES SHE HAVE ANYTHING ON HER DOOR --
10 A SHE HAS.
11 Q -- THAT WOULD INDICATE WHETHER OR NOT IT
12 WAS A MALE OR FEMALE IN THAT BEDROOM?
13 A SHE HAS PINK AND PURPLE HEARTS AND FLOWERS.
14 Q ABOUT WHAT SIZE ARE THEY, MA'AM?
15 A THEY ARE, I THINK THEY COULD BE A FOOT LONG
16 ALTOGETHER, AND MAYBE FIVE INCHES IN HEIGHT.
17 Q HOW ARE THEY ATTACHED TO THE DOOR?
18 A THEY'RE WALLPAPER FROM HER BORDER AND I CUT
19 THEM OUT SO THAT I COULD PUT THEM ON THE DOOR. SO
20 THEY'RE GLUED ON.
21 Q CAN YOU ESTIMATE HOW LONG THEY HAVE BEEN
22 THERE? BALLPARK?
23 A APPROXIMATELY TWO YEARS.
24 Q AND AS YOU CONTINUE DOWN THE HALL, DO YOU
25 COME TO A THIRD BEDROOM?
26 A YES.
27 Q WHO'S BEDROOM IS THAT?
28 A DERRICK'S.
Page 478
1 Q DOES HE HAVE ANYTHING ON THE EXTERIOR OF
2 HIS DOOR TO GIVE US A CLUE AS TO WHAT TYPE OF PERSON
3 STAYS IN THERE?
4 A HE HAD A POKEMON STICKER.
5 Q WHAT'S A POKEMON?
6 A THEY'RE TRADING CARDS. IT'S A GAME.
7 Q HOW LONG HAD THAT BEEN ON?
8 A ABOUT TWO YEARS.
9 Q WHERE DID THAT COME FROM?
10 A THE TRADING CARD STORE.
11 Q DID DANIELLE GO TO THE DENTIST?
12 A YES.
13 Q DO YOU REMEMBER THE NAME OF HER DENTIST?
14 A NO, I DON'T. IT'S POWAY DENTAL.
15 Q DO YOU REMEMBER DR. BRAYDEN?
16 DOES THAT NAME RING A BELL AT ALL? IF IT
17 DOES, FINE; IF NOT, THAT'S FINE TOO.
18 A NO.
19 Q AT A POINT IN TIME DURING THIS CASE, DID
20 THE POLICE DEPARTMENT COME TO YOU AND ASK FOR HER
21 DENTAL RECORDS?
22 A YES, THEY DID.
23 Q DID YOU AND YOUR HUSBAND PROVIDE THEM, OR
24 AT LEAST CONSENT FOR THEM TO GO PICK THEM UP?
25 A YES, WE DID.
26 Q YOUR DAUGHTER DANIELLE, DID SHE CUSTOMARILY
27 WEAR ANY JEWELRY?
28 A SHE HAD MICKEY MOUSE EARRINGS IN, AND FOR
Page 479
1 ABOUT TWO YEARS SHE HAD A NECKLACE ON THAT WAS
2 BROWN, STRETCHY, LOOPS.
3 Q DO YOU REMEMBER THE MATERIAL OF THE
4 NECKLACE?
5 A PLASTIC.
6 Q IS MICKEY MOUSE EARRINGS, CAN YOU DESCRIBE
7 THEM FOR US, SIZE AND COLOR, THAT TYPE OF THING?
8 A THEY HAVE BLUE STONES. THERE'S ONE MAIN
9 STONE FOR THE FACE AND THEN TWO FOR THE EARS. ONE
10 FOR EACH EAR.
11 Q ARE THEY PIERCED EARS?
12 A YES.
13 Q HER EARS WERE PIERCED?
14 A YES.
15 Q HOW OFTEN DID SHE WEAR THOSE?
16 A WE HAD JUST GOTTEN THEM -- WE WENT TO
17 DISNEYWORLD THE DAY AFTER CHRISTMAS, WE FLEW TO
18 FLORIDA AND WE CAME BACK ON THE 2ND OF JANUARY.
19 Q WOULD SHE WEAR THEM LIKE ALL DAY OR WOULD
20 SHE TAKE THEM OUT AT NIGHT?
21 A SHE WORE THEM ALL THE TIME.
22 Q YOU LET HER WEAR THEM ALL THE TIME?
23 A YES.
24 Q HOW ABOUT THE NECKLACE, HOW OFTEN WOULD SHE
25 WEAR THAT?
26 A SHE NEVER TOOK IT OFF.
27 Q YOU DIDN'T MAKE HER TAKE IT OFF AT NIGHT?
28 A NO.
Page 480
1 Q DID SHE SHARE THAT NECKLACE WITH ANYONE
2 ELSE, ANY OTHER PEOPLE HAVE COMMON NECKLACE?
3 A SHE NEVER SHARED IT WITH ANYONE. BUT IT'S
4 A COMMON NECKLACE.
5 Q IT'S A BAD QUESTION ON MY PART.
6 DID SHE AND ANY OF HER OTHER FRIENDS HAVE
7 THE SAME TYPE OF NECKLACE, THAT YOU REMEMBER?
8 A YES.
9 Q CAN YOU DESCRIBE FOR US HOW SHE OR YOU KEPT
10 HER FINGERNAILS?
11 A I THINK SHE BIT THEM.
12 Q KEEP THEM UP A LITTLE BIT, IF YOU WOULD.
13 KEEP THE VOICE UP, IF YOU WILL.
14 A SHE BIT HER NAILS.
15 Q DID YOU EVER HAVE THEM TREATED OR TAKEN TO
16 A MANICURIST, THAT TYPE OF THING, FOR HER?
17 A YES.
18 Q WHAT COLOR WAS HER HAIR?
19 A IT WAS A BROWNISH BLONDE.
20 Q WHAT COLOR IS YOUR HAIR?
21 A BLONDE.
22 Q I DON'T WANT TO EMBARRASS YOU HERE, BUT IS
23 YOUR HAIR COLOR-TREATED?
24 A YES.
25 Q SO THERE WOULD BE CHEMICALS ON YOUR HAIR?
26 A YES.
27 Q OR IF WE WERE TO FIND SOME
28 SIMILAR-APPEARING HAIR, YOUR HAIR WOULD HAVE THE
Page 481
1 CHEMICALS ON IT?
2 MR. FELDMAN: OBJECTION; SPECULATION.
3 THE COURT: SUSTAINED.
4 NEXT QUESTION.
5 BY MR. DUSEK:
6 Q HOW LONG HAVE YOU BEEN TREATING THE HAIR?
7 A MY HAIR?
8 Q YES.
9 A FOR A LONG TIME. I COULDN'T GIVE YOU A
10 DEFINITE DATE.
11 Q HOW ABOUT DANIELLE, WAS HER HAIR
12 COLOR-TREATED?
13 A NEVER.
14 Q DO YOU KNOW DAVID WESTERFIELD?
15 A YES, I DO.
16 Q DO YOU SEE HIM IN COURT TODAY?
17 A YES, I DO.
18 Q WOULD YOU POINT HIM OUT, PLEASE, AND
19 DESCRIBE WHERE HE'S SITTING AND WHAT HE'S WEARING
20 TODAY.
21 A HE'S RIGHT THERE. HE'S WEARING A DARK GRAY
22 SUIT AND A BLUE TIE WITH A WHITE SHIRT.
23 THE COURT: SHE'S IDENTIFIED MR. WESTERFIELD.
24 BY MR. DUSEK:
25 Q HOW IS IT THAT YOU KNOW OF MR. WESTERFIELD?
26 A HE LIVES TWO HOUSES FROM US.
27 Q ON THE SAME STREET?
28 A YES.
Page 482
1 Q HOW FAR ARE YOU FROM THE CORNER, MA'AM,
2 YOUR HOUSE?
3 A WE'RE ONE HOUSE IN.
4 Q SO YOU'RE RIGHT NEXT --
5 A SO WE'RE THE SECOND HOUSE IN, ACTUALLY.
6 Q THERE'S A CORNER HOUSE?
7 A AND THEN WE'RE THE NEXT HOUSE.
8 Q OKAY. DO YOU KNOW WHAT THAT CORNER IS?
9 A IT'S MOUNTAIN PASS AND BRIARLEAF.
10 Q YOU LIVE ON BRIARLEAF -- I'M SORRY, YOU
11 LIVE ON MOUNTAIN PASS?
12 A YES.
13 Q AND BRIARLEAF IS THE HOUSE THAT IS WHERE
14 THE CORNER HOUSE IS?
15 A YES.
16 Q IF YOU CROSS OVER BRIARLEAF, WHAT HOUSE DO
17 YOU COME TO?
18 A MR. WESTERFIELD'S.
19 Q DO YOU KNOW IF HE WAS IN THE NEIGHBORHOOD
20 BEFORE OR AFTER YOU GUYS MOVED IN?
21 A BEFORE.
22 Q HOW LONG HAVE YOU KNOWN HIS NAME, IF AT
23 ALL?
24 A I DIDN'T KNOW HIS NAME UNTIL DANIELLE AND I
25 WENT TO SELL GIRL SCOUT COOKIES.
26 Q BEFORE THAT DID YOU HAVE ANY REAL CONTACT
27 WITH HIM?
28 A NOT A LOT, NO.
Page 483
1 Q PASSING EACH OTHER OR SEE EACH OTHER IN THE
2 NEIGHBORHOOD, ANYTHING LIKE THAT?
3 A YES. I'D WAVED TO HIM.
4 Q WOULD HE WAVE BACK?
5 A YES.
6 Q HOW ABOUT THE OTHER PEOPLE IN THE
7 NEIGHBORHOOD, WOULD YOU WAVE TO THEM?
8 A YES.
9 Q WHY?
10 A BECAUSE THEY'RE MY NEIGHBORS.
11 Q DO YOU RECALL ANY BLOCK PARTIES THAT
12 PERHAPS YOU AND MR. WESTERFIELD ATTENDED TOGETHER?
13 A NO.
14 Q CAN YOU ESTIMATE FOR US HOW MANY PERSONAL
15 CONTACTS YOU'VE HAD WITH MR. WESTERFIELD, BY THAT
16 I'M EXCLUDING THE HI-AND-BYE DRIVING DOWN THE STREET
17 TYPE THINGS, WHERE YOU HAD A CHANCE TO EITHER TALK
18 WITH HIM OR BE WITH HIM IN A LOCATION?
19 A APPROXIMATELY FOUR. WAIT A MINUTE. LET ME
20 WAIT. I SHOULD SAY FIVE TO SIX.
21 Q CAN YOU REMEMBER THE FIRST CONTACT THAT
22 YOU'VE HAD WITH HIM, OTHER THAN THE HI-AND-BYE?
23 A I THINK IT WAS SELLING GIRL SCOUT COOKIES
24 THE YEAR BEFORE.
25 Q THE YEAR BEFORE DANIELLE'S DISAPPEARANCE?
26 A YES.
27 Q DID SHE BELONG TO THE GIRL SCOUTS?
28 A YES.
Page 484
1 Q AND OCCASIONALLY THEY HAVE TO GO OUT AND
2 SELL COOKIES?
3 A YES.
4 Q YOU LET HER GO OUT BY HERSELF?
5 A NO.
6 Q WHY NOT?
7 A BECAUSE I DON'T WANT HER GOING DOOR TO DOOR
8 BY HERSELF.
9 Q HOW DO YOU GO ABOUT SELLING COOKIES?
10 WHAT'S THE PROCESS?
11 A WE WOULD GO TO OUR NEIGHBORS AND SHE WOULD
12 RING THE DOORBELL, AND WE WOULD ASK IF THEY WOULD
13 LIKE TO BUY ANY COOKIES. WE'D FILL OUT THE FORM.
14 AND THERE'S A CERTAIN DAY YOU TURN THE FORM IN.
15 AND THEN YOU HAVE TO DELIVER THE COOKIES.
16 Q WHO WOULD DO THE DELIVERING, YOU OR
17 DANIELLE OR --
18 A WELL, WE WOULD TRY TO DO IT TOGETHER.
19 Q AND A YEAR AGO WHEN THE COOKIES WERE SOLD
20 OR AT LEAST GIVEN THE OPPORTUNITY TO BE SOLD AT
21 MR. WESTERFIELD'S HOUSE, DO YOU REMEMBER ANYTHING AT
22 ALL ABOUT THAT CONTACT?
23 A I REMEMBER THAT HE INVITED US IN.
24 Q A YEAR AGO?
25 A A YEAR AGO.
26 Q DID YOU GO IN?
27 A WE STAYED IN THE LIVING ROOM, AND HE FILLED
28 OUT THE ORDER FORM.
Page 485
1 Q DO YOU REMEMBER WHAT HE BOUGHT?
2 A NO.
3 Q WHO WAS WITH YOU ON THAT OCCASION?
4 A DANIELLE.
5 Q DO YOU REMEMBER ANYTHING ELSE ABOUT THAT
6 CONTACT?
7 A NO. I THINK AT THE TIME, HE WAS HAVING
8 RENOVATION DONE TO HIS KITCHEN.
9 Q WHY DO YOU THINK THAT?
10 A BECAUSE IT WAS PLASTIC. THERE WAS PLASTIC
11 THERE. THERE WAS LIKE PLASTIC HANGING DOWN FROM THE
12 CEILING SO THAT DUST WOULDN'T GET OUT.
13 Q WHEN YOU AND DANIELLE WERE SELLING COOKIES
14 ON THAT OCCASION, WAS HE THE ONLY HOUSE THAT YOU
15 WENT TO?
16 A NO.
17 Q WHAT DID YOU DO? HOW MANY PEOPLE DID YOU
18 HIT UP?
19 A PROBABLY FIVE OR SIX.
20 Q AFTER THAT CONTACT A YEAR AGO, CAN YOU
21 REMEMBER WHEN THE NEXT CONTACT WOULD HAVE BEEN?
22 A NO, I CAN'T.
23 Q WHAT'S THE NEXT CONTACT WITH
24 MR. WESTERFIELD THAT STANDS OUT IN YOUR MIND?
25 A WHEN I WENT TO DAD'S, THE FRIDAY BEFORE THE
26 -- THE 1ST.
27 Q THE WEEKEND BEFORE DANIELLE WAS MISSING?
28 A YES, THE WEEKEND BEFORE DANIELLE WAS
Page 486
1 MISSING. MY FRIEND WAS MOVING OUT OF TOWN AND WE
2 HAD A GIRLS' NIGHT OUT, AND HE WAS THERE.
3 Q ON THAT OCCASION, DID YOU KNOW HIS NAME?
4 A NO.
5 Q DIDN'T KNOW HIS FIRST NAME OR LAST NAME?
6 A NO.
7 Q WHY NOT?
8 A I JUST DIDN'T KNOW HIS NAME. I'D NEVER
9 REALLY SPOKEN TO HIM IN DETAIL.
10 Q ON THAT -- WHERE IS DAD'S, CAN YOU HELP US
11 OUT?
12 A IT'S IN POWAY, OFF OF POWAY ROAD.
13 Q DESCRIBE THE TYPE OF PLACE.
14 A DURING THE DAY, IT'S A FAMILY RESTAURANT.
15 AND THEN AFTER A CERTAIN TIME AT NIGHT, IT -- THEY
16 HAVE A BAND THAT PLAYS ON THE WEEKENDS.
17 Q I ASSUME THEY HAVE A BAR, TOO.
18 A IT'S A BAR. POOL TABLES. YES.
19 Q DO YOU REMEMBER WHEN IT CONVERTS FROM A
20 RESTAURANT INTO BAR AND MUSIC, IF YOU CAN REMEMBER?
21 A I COULD BE GUESSING IF I ANSWERED THAT.
22 Q DON'T DO THAT.
23 A OKAY. I CAN'T.
24 Q NOW, AT OCCASIONS THE WEEK BEFORE DANIELLE
25 WAS MISSING THAT YOU WENT TO DAD'S, WHO ALL DID YOU
26 GO WITH?
27 A I WENT WITH DENISE AND BARBARA.
28 Q FRIENDS OF YOURS?
Page 487
1 A YES.
2 Q HOW LONG HAVE YOU KNOWN BARBARA? ABOUT?
3 A ABOUT SEVEN TO NINE MONTHS.
4 Q HOW ABOUT DENISE, HOW LONG HAVE YOU KNOWN
5 HER?
6 A THREE-AND-A-HALF YEARS.
7 Q THERE WAS AN OCCASION FOR GOING THERE THAT
8 EVENING?
9 A YES. DENISE WAS MOVING.
10 Q WERE ANY ARRANGEMENTS MADE FOR CARING FOR
11 YOUR CHILDREN THAT EVENING WHILE YOU WERE --
12 A MY HUSBAND WAS HOME WITH THEM.
13 THE COURT: I'M SORRY?
14 THE WITNESS: MY HUSBAND WAS HOME WITH THEM.
15 THE COURT: THANK YOU.
16 BY MR. DUSEK:
17 Q CAN YOU RECALL ABOUT WHAT TIME YOU HEADED
18 OUT FOR DAD'S?
19 A THIS IS THE WEEKEND BEFORE DANIELLE WAS
20 MISSING?
21 Q YES.
22 A WE HEADED OUT TO DAD'S APPROXIMATELY
23 BETWEEN 9:00 AND 9:30.
24 Q IN THE EVENING?
25 A YES.
26 Q AND WHOSE VEHICLE, IF YOU CAN REMEMBER?
27 A MINE.
28 Q THE THREE GIRLS WENT IN THE ONE CAR?
Page 488
1 A YES.
2 Q WERE YOU TO MEET UP WITH ANYBODY AT DAD'S?
3 A NO.
4 Q WHAT WAS SUPPOSED TO HAPPEN DOWN THERE AT
5 DAD'S?
6 A WE WERE JUST SUPPOSED TO BE TOGETHER AS
7 FRIENDS AND HAVE A GOOD TIME.
8 MR. FELDMAN: YOUR HONOR, I'M HAVING TROUBLE
9 HEARING THE WITNESS.
10 I APOLOGIZE.
11 THE COURT: I UNDERSTAND. IT'S DIFFICULT.
12 WOULD YOU TRY TO KEEP YOUR VOICE UP A
13 LITTLE BIT AND WE'RE GOING TO TRY TO ADJUST THIS
14 SPEAKER. YOU WEREN'T HERE TO HEAR, BUT THIS IS NOT
15 MY NORMAL DEPARTMENT, SO I'M NOT AS FAMILIAR WITH
16 THE KNOBS AS I WOULD BE. SO IT WILL TAKE ME A
17 SECOND. BUT LET ME TRY.
18 I THINK I DID IT. SAY SOMETHING IN THERE,
19 PLEASE.
20 THE WITNESS: TESTING.
21 THE COURT: HOW'S THAT?
22 MR. FELDMAN: THANK YOU VERY MUCH.
23 BY MR. DUSEK:
24 Q CAN YOU ESTIMATE FOR US HOW LONG YOU STAYED
25 AT DAD'S THAT FIRST OCCASION?
26 A UNTIL CLOSING.
27 Q WHICH IS?
28 A APPROXIMATELY 2:00.
Page 489
1 Q WHAT DID YOU DO DOWN THERE?
2 A WE HAD DRINKS AND WE DANCED.
3 Q WHO'S "WE"?
4 A DENISE AND BARB AND I.
5 Q TOGETHER?
6 A YES.
7 Q DID YOU DANCE WITH ANY GUYS?
8 A I DON'T REMEMBER.
9 Q DO YOU KNOW IF MR. WESTERFIELD WAS THERE
10 THAT EVENING?
11 A YES, HE WAS.
12 Q HOW DO YOU KNOW HE WAS THERE?
13 A HE BOUGHT US A DRINK.
14 Q WHEN DID THAT TAKE PLACE IN THE SEQUENCE OF
15 EVENTS, IF YOU CAN TELL US?
16 A EARLY --
17 Q EARLY? MIDDLE? LATE?
18 A EARLY PART OF THE NIGHT. EARLY PART OF THE
19 EVENING.
20 Q DO YOU KNOW IF HE WAS THERE WHEN YOU FIRST
21 GOT THERE OR DID YOU PAY ATTENTION?
22 A HE WAS THERE WHEN I FIRST GOT THERE.
23 Q WERE YOU ABLE TO RECOGNIZE HIM?
24 A YES.
25 Q HOW?
26 A BECAUSE HE'S TWO DOORS DOWN.
27 Q DID YOU SPEAK WITH HIM?
28 A YES.
Page 490
1 Q WHAT WAS THE CONVERSATION ABOUT?
2 A I DON'T REMEMBER. I DON'T.
3 Q ANYTHING OF SUBSTANCE THAT YOU CAN COME UP
4 WITH?
5 A NO.
6 Q WHAT WAS THE TONE OR THE NATURE OF THE
7 CONVERSATION, THE CONTACT YOU HAD WITH HIM THAT
8 EVENING?
9 A HE BOUGHT US DRINKS. AND DENISE AND I AND
10 BARBARA WERE TOGETHER. SO WE DIDN'T TALK A WHOLE
11 LOT.
12 Q AMONG YOURSELVES OR TO HIM?
13 A TO HIM.
14 Q DO YOU REMEMBER WHAT HE BOUGHT YOU, WHAT
15 YOU WERE DRINKING?
16 A I HAD A CRANBERRY AND VODKA.
17 Q DID HE SAY ANYTHING WHEN HE BOUGHT THE
18 DRINKS OR OFFERED TO BUY THE DRINKS ON THAT
19 OCCASION?
20 A NOT ON THAT OCCASION.
21 Q OKAY. DID YOU HAVE ANY FURTHER CONTACT
22 WITH HIM BESIDES WHAT YOU'VE JUST DESCRIBED THAT
23 EVENING?
24 A I CAN'T REALLY REMEMBER. IT'S BEEN A
25 WHILE. I'VE BEEN THROUGH A LOT. I CAN'T --
26 Q WOULD YOU TRY TO REMEMBER IF THERE WAS
27 ANYTHING NOTEWORTHY ABOUT WHAT HAPPENED THAT NIGHT?
28 A WE'RE TALKING THE WEEKEND BEFORE DANIELLE
Page 491
1 WAS MISSING?
2 Q I AM.
3 A NO.
4 Q WERE THERE POOL TABLES IN DAD'S?
5 A YES.
6 Q ON THAT OCCASION, DO YOU REMEMBER IF YOU
7 PLAYED POOL AT ALL?
8 A NO.
9 Q NO, YOU DIDN'T OR NO, YOU DON'T REMEMBER?
10 A NO, WE DIDN'T.
11 Q WERE THERE ANY GUYS THAT YOU MET UP WITH AT
12 DAD'S THAT OCCASION?
13 A NO.
14 Q WHERE DID YOU GO WHEN YOU LEFT?
15 A BACK TO MY HOUSE.
16 Q WHO DID YOU GO WITH?
17 A I HAD DENISE AND BARBARA IN THE CAR.
18 Q HOW ABOUT MR. WESTERFIELD, DID YOU TAKE HIM
19 HOME?
20 A NO.
21 Q DID YOU SEE HIM LEAVE THE BAR?
22 A NO.
23 Q WERE YOU AWARE OF HIM LEAVING AT ANY TIME
24 THAT EVENING?
25 A NO.
26 Q WHEN YOU GOT HOME THAT EVENING, WHAT
27 HAPPENED?
28 A DENISE AND BARBARA GOT INTO THEIR CAR AND
Page 492
1 WENT HOME.
2 Q WHAT DID YOU DO?
3 A WENT INSIDE AND WENT TO BED.
4 Q THE NEXT TIME THAT YOU HAD CONTACT WITH
5 MR. WESTERFIELD WAS WHEN?
6 A WHEN DANIELLE AND I SOLD GIRL SCOUT
7 COOKIES.
8 Q THAT WOULD BE THE SECOND GIRL SCOUT TRIP?
9 A YES.
10 Q WHERE DID YOU GO TO DO IT?
11 A WE WENT TO THE RIGHT OF MY HOUSE UP THE
12 BLOCK, ACROSS THE STREET, WENT DOWN, THEN WE TURNED
13 RIGHT ON BRIARLEAF AND WENT TO TWO HOUSES AND THEN
14 HIS HOUSE WAS THE LAST HOUSE.
15 Q SO YOU ACTUALLY MADE IT TO HIS HOUSE?
16 A YES.
17 Q WHAT HAPPENED WHEN YOU GOT TO HIS HOUSE FOR
18 THE COOKIE SALE?
19 A HE INVITED US IN.
20 Q DID YOU GO IN?
21 A WE WENT IN. I ASKED HIM IF I COULD SEE THE
22 KITCHEN.
23 Q THE KITCHEN FOR WHAT REASON?
24 A TO SEE THE REMODEL.
25 Q ALL RIGHT. DID HE SHOW YOU THE KITCHEN?
26 A YES.
27 Q DESCRIBE HOW THAT HAPPENED.
28 A WE WALKED INTO THE KITCHEN BUT WE STAYED ON
Page 493
1 THE OUTSIDE OF IT, I GUESS IN THE -- I DON'T KNOW
2 WHAT ROOM THAT IS. AND WE WERE STANDING BY THE BAR
3 AREA. AND I LOOKED AT HIS KNOBS ON HIS COUNTERS.
4 WE HAVE GRANITE IN OUR KITCHEN, AND I'VE BEEN
5 THINKING ABOUT CHANGING THE KNOBS. AND THAT'S IT.
6 Q SO YOU DISCUSSED THE KITCHEN REMODEL?
7 A YES.
8 Q HAD IT BEEN COMPLETED SINCE THE OTHER
9 OCCASION YOU'D BEEN IN THE HOUSE?
10 A YES.
11 THE COURT: WHAT DATE WAS THIS, PLEASE?
12 THE WITNESS: I DON'T KNOW THE EXACT DATE THAT I
13 SOLD HIM GIRL SCOUT COOKIES.
14 THE COURT: DO YOU REMEMBER WHAT DAY?
15 THE WITNESS: IT WAS APPROXIMATELY THE TUESDAY
16 OR WEDNESDAY.
17 THE COURT: THAT'S FINE. AS LONG AS I GOT THE
18 RECORD.
19 THE WITNESS: OKAY.
20 BY MR. DUSEK:
21 Q WHO WAS WITH YOU WHEN YOU WENT TO THE HOUSE
22 FOR THE GIRL SCOUT COOKIES?
23 A DANIELLE AND DYLEN.
24 Q DYLEN IS THE YOUNGEST?
25 A YES.
26 Q WHY DID YOU TAKE HIM ALONG?
27 A THERE WAS NOBODY AT HOME. DERRICK HAD A
28 PLAY DATE, SO I COULDN'T LEAVE HIM AT HOME ALONE.
Page 494
1 Q HOW ABOUT DERRICK, WHERE WAS HE?
2 A HE HAD A PLAY DATE, BUT I DON'T EXACTLY
3 REMEMBER WHICH FRIEND HE WAS PLAYING WITH.
4 Q WHAT'S A PLAY DATE?
5 A HE WENT TO A FRIEND'S HOUSE AFTER SCHOOL.
6 Q DO YOU REMEMBER WHAT TIME OF DAY OR NIGHT
7 YOU WENT OUT SELLING THE GIRL SCOUT COOKIES?
8 A I KNOW IT WAS IN THE EVENING BECAUSE WHEN
9 WE WALKED HOME, IT WAS STARTING TO GET -- THE SUN
10 WAS GOING DOWN.
11 Q WHAT DID THE CHILDREN DO WHEN YOU WERE IN
12 THE HOUSE SPEAKING WITH MR. WESTERFIELD?
13 A THEY SAW THE POOL OUT BACK, AND THEY ASKED
14 IF THEY COULD GO OUT AND LOOK AT IT.
15 Q WHO DID THEY ASK?
16 A THEY ASKED ME.
17 Q THEN WHAT HAPPENED?
18 A AND I ASKED HIM IF IT WAS OKAY AND HE SAYS
19 AS LONG AS THEY DIDN'T FALL IN. AND THEY WENT OUT
20 BACK FOR A COUPLE OF MINUTES AND LOOKED, AND THEY
21 CAME RIGHT BACK IN.
22 Q WHERE ELSE DID THEY GO IN THE HOUSE?
23 A NOWHERE. DYLEN ASKED TO GO UPSTAIRS AND I
24 TOLD HIM ABSOLUTELY NOT.
25 Q HOW ABOUT DANIELLE, DID SHE ASK OR GO
26 ANYWHERE ELSE BESIDES JUST YOU WENT OUT IN THE
27 BACKYARD?
28 A NO.
Page 495
1 Q DID YOU SEE ANY COMFORTERS IN THE HOUSE?
2 A NOT THAT I RECALL.
3 Q BEDDING, COMFORTERS THAT WOULD HAVE BEEN
4 PILED PERHAPS ON A COUCH OR A COUNTER IN THE AREA
5 WHERE YOU WERE?
6 A NO.
7 Q DID YOU HAVE ANY DISCUSSION WITH
8 MR. WESTERFIELD ASIDE FROM THE REMODELING WHILE YOU
9 WERE IN THE HOUSE WITH HIM THERE?
10 A YES, I DID.
11 Q WHAT DID HE SAY?
12 A HE ASKED ME WHY I DID NOT INTRODUCE HIM TO
13 MY FRIENDS THE WEEKEND BEFORE. HE SAID THEY LOOKED
14 LIKE A LOT OF FUN.
15 Q YOUR FRIENDS WERE WHO?
16 A DENISE AND BARBARA.
17 Q WHAT DID YOU TELL HIM?
18 A AND I TOLD HIM THAT I DIDN'T KNOW HIS NAME.
19 AND I ASKED HIM, YOU KNOW, I SAID, "HOW COULD I HAVE
20 INTRODUCED YOU, I DON'T EVEN KNOW YOUR NAME."
21 AND HE SAID, "HI, I'M DAVE WESTERFIELD,"
22 AND HE GAVE ME A BUSINESS CARD.
23 Q HE DID THAT RIGHT THEN?
24 A YES.
25 Q DID YOU TAKE IT?
26 A I TOOK IT.
27 Q THEN WHAT HAPPENED?
28 A HE ASKED ME TO TELL MY FRIENDS THAT I HAD A
Page 496
1 RICH NEIGHBOR TO INTRODUCE HIM TO.
2 Q OKAY. WHAT DID YOU TELL HIM?
3 A I TOLD HIM THAT THEY WERE TRYING TO TALK ME
4 INTO GOING TO DAD'S THAT FRIDAY.
5 Q THE COMING FRIDAY?
6 A THE COMING FRIDAY. BUT I WASN'T SURE IF I
7 WAS GOING TO BE GOING BECAUSE MY HUSBAND HAD PLANNED
8 TO TAKE OUR OLDEST SON DERRICK SNOWBOARDING.
9 Q WHERE WERE THEY GOING TO GO?
10 A BIG BEAR.
11 Q SO HE WAS GOING TO TAKE DERRICK, WHO IS THE
12 OLDEST BOY?
13 A YES.
14 Q AT LEAST POSSIBLY?
15 A (NO AUDIBLE RESPONSE.)
16 Q YOU HAVE TO ANSWER OUT LOUD.
17 A YES.
18 Q WHAT ELSE DID YOU TELL HIM ABOUT THAT
19 POSSIBILITY?
20 A I TOLD HIM THAT I WAS GOING TO TRY TO GET A
21 BABY-SITTER SO THAT I COULD GO OUT WITH DENISE AND
22 BARBARA BECAUSE IT WAS HER LAST NIGHT THERE. AND IF
23 I WAS SUCCESSFUL IN GETTING A BABY-SITTER, I WOULD
24 BE THERE.
25 Q AND?
26 A AND I WOULD INTRODUCE HIM TO MY FRIENDS.
27 Q DID HE SHOW ANY INTEREST IN YOU AT ALL?
28 A NO.
Page 497
1 Q WHEN YOU TOLD HIM THAT YOU'D INTRODUCE HIM
2 TO YOUR FRIENDS, WHAT HAPPENED NEXT?
3 A WE WALKED OUTSIDE -- WELL, ACTUALLY, HE
4 ASKED ME TO WRITE MY NAME AND PHONE NUMBER ON A
5 PIECE OF PAPER.
6 Q DID HE SAY WHY?
7 A HE SAID THAT HE HAS PARTIES -- HE HAS ADULT
8 PARTIES AND THEN HE HAS BARBECUES WHERE HE SUPPLIES
9 THE SALADS AND EVERYBODY BRINGS THE MEAT THAT THEY
10 WANT TO COOK.
11 Q WHEN HE SAID THAT, DID HE SAY ANYTHING
12 ELSE?
13 A NOT THAT I RECALL.
14 Q WHAT DID HE ASK YOU TO DO?
15 A WRITE MY NAME AND MY HUSBAND'S NAME DOWN ON
16 A PIECE OF PAPER HE GAVE ME.
17 Q DID HE SAY WHY?
18 A BECAUSE HE WOULD INVITE US TO A PARTY, I
19 GUESS.
20 Q WHAT DID YOU DO?
21 A I WAS WRITING IT DOWN WHILE HE TOLD ME -- I
22 WAS WRITING MY NAME AND NUMBER DOWN AND HE SAID, "I
23 HAVE ADULT PARTIES AND BARBECUES." AS HE WAS SAYING
24 THAT I WAS WRITING IT DOWN.
25 Q DID YOU COMPLETE -- CONTINUE WRITING IT
26 DOWN?
27 A YES, SIR.
28 Q WHAT DID YOU DO WITH IT?
Page 498
1 A I HANDED IT TO HIM.
2 Q WHY?
3 A I DON'T KNOW WHY. I WAS BEING NICE.
4 Q OKAY. HAD YOU EVER BEEN TO A PARTY AT HIS
5 HOUSE?
6 A NO.
7 Q HAD YOU EVER BEEN TO ANY SOCIAL FUNCTION
8 WITH HIM?
9 A NO.
10 Q HAD HE EVER BEEN TO YOUR HOUSE?
11 A NO.
12 Q HAD YOU EVER BEEN TO ANY SOCIAL FUNCTION
13 WHERE YOU AND YOUR HUSBAND WERE TOGETHER WITH HIM OR
14 YOU WERE TOGETHER WITH HIM? LITTLE LEAGUE, GIRL
15 SCOUTS, SCHOOLS, ANYTHING LIKE THAT?
16 A NO.
17 Q ANY OTHER NEIGHBORHOOD PARTIES WHERE YOU'D
18 BEEN WITH HIM?
19 A NO.
20 Q WHAT HAPPENED AFTER YOU GAVE HIM THE PHONE
21 NUMBER?
22 A I BELIEVE WE WALKED OUT FRONT. HE STARTED
23 TALKING ABOUT A PLACE CALLED INCAHOOTS AND HE WANTED
24 ME TO GO THERE, I THINK WEDNESDAY NIGHT WAS SOME
25 KIND OF SPECIAL NIGHT. THAT'S WHY I'M THINKING I
26 SOLD COOKIES ON TUESDAY. HE SAID, "DON'T FORGET TO
27 WEAR YOUR BOOTS TO INCAHOOTS."
28 AND DANIELLE AND DYLEN WERE PLAYING ON THE
Page 499
1 ROCKS AT THE NEIGHBOR'S HOUSE NEXT TO HIM. AND I
2 KEPT ASKING THEM TO GET OFF THE ROCKS BECAUSE I
3 DIDN'T WANT THEM TO SPREAD THEM OUT AND FOR THE
4 NEIGHBOR TO HAVE TO CLEAN THEM UP. THEN WE WALKED
5 HOME.
6 Q DID MR. WESTERFIELD SAY ANYTHING ABOUT YOUR
7 PESTERING THE KIDS TO GET OUT OF THE ROCKS?
8 A I CAN'T REMEMBER.
9 Q WHERE DID YOU GO FROM THERE?
10 A WE WALKED HOME.
11 Q DID YOU SPEAK WITH ANYBODY ABOUT THE
12 CONVERSATION THE TIME THAT YOU JUST SPENT WITH
13 MR. WESTERFIELD?
14 A I CALLED MY HUSBAND AT WORK.
15 Q WHY?
16 A BECAUSE IT STRUCK ME ODD THAT HE MENTIONED
17 ADULT PARTIES. I DIDN'T KNOW WHAT HE MEANT BY THAT.
18 Q YOU'D NEVER SEEN HIM BEFORE EXCEPT FOR WHAT
19 YOU DESCRIBE HERE?
20 A NEVER.
21 Q WHEN WAS THE NEXT TIME THAT YOU SAW HIM?
22 A AT DAD'S CAFE ON FRIDAY EVENING. NIGHT.
23 Q THAT WOULD BE FEBRUARY 1ST?
24 A YES.
25 Q ARE YOU EMPLOYED, MA'AM?
26 A I WORK FROM THE HOUSE.
27 Q ALL RIGHT. SO THAT FRIDAY, DO YOU RECALL
28 WHAT YOUR ACTIVITIES WERE IN THE AFTERNOON?
Page 500
1 A WELL, DAMON WAS GOING TO ITALY ON BUSINESS.
2 AND HE ASKED ME IF I WOULD LIKE TO BRING THE KIDS
3 ALONG FOR TWO WEEKS. SO HE WAS BUSY PURCHASING
4 TICKETS, AND I WENT AND GOT THE KIDS OUT OF SCHOOL
5 EARLY TO GET THEIR PASSPORT PHOTOS.
6 Q DO YOU REMEMBER WHERE YOU WENT?
7 A I WENT TO A PHOTO SHOP IN CARMEL MOUNTAIN
8 CALLED MOTOPHOTO.
9 Q THEN WHERE DID YOU GO?
10 A I WENT TO STAPLES. I HAD TO MAKE SOME
11 COPIES FOR MY BUSINESS.
12 Q THEN WHERE?
13 A THEN WE WENT TO THE POST OFFICE.
14 Q THEN WHERE?
15 A THEN WE WENT TO MERVYN'S.
16 Q TO DO WHAT?
17 A DYLEN HAD A BIRTHDAY PARTY TO GO TO ON
18 SATURDAY. AND DANIELLE HAD A FATHER-DAUGHTER DANCE
19 THAT WAS PLANNED FOR THURSDAY.
20 Q OF THE FOLLOWING WEEK?
21 A YES.
22 Q THAT WOULD BE A DANCE AT SCHOOL?
23 A YES.
24 Q WHAT DID YOU DO AT MERVYN'S?
25 A DANIELLE TRIED ON A LOT OF CLOTHES. WE
26 WERE TRYING TO FIND SOMETHING SPECIAL, FOR THE
27 THEME. AND WHILE SHE WAS TRYING ON CLOTHES, DYLEN
28 AND DERRICK WALKED OVER TO THE LITTLE TOY SHOP RIGHT
Page 501
1 OUTSIDE OF MERVYN'S AND DERRICK HELPED HIM PICK A
2 PRESENT.
3 Q FOR THE BIRTHDAY PARTY?
4 A FOR THE BIRTHDAY PARTY. WHILE DANIELLE WAS
5 TRYING CLOTHES, I RAN OVER AND PAID FOR THE GIFT AND
6 BROUGHT THE BOYS BACK. SHE WAS STILL IN THE
7 DRESSING ROOM CHANGING. WHEN WE WERE FINISHED, AND
8 SHE HAD DECIDED ON HER GIFT, WE PAID AND THEN WE
9 WENT HOME.
10 Q SO YOU ACTUALLY BOUGHT A DRESS?
11 A WE ACTUALLY BOUGHT AN -- ENDED UP BUYING A
12 SPARKLEY SHIRT. THE THEME WAS BE A STAR.
13 Q FROM THERE, YOU WENT WHERE?
14 A HOME.
15 Q CAN YOU ESTIMATE FOR US ABOUT WHAT TIME YOU
16 GOT HOME?
17 A I'M THINKING ABOUT 5:30.
18 Q WAS YOUR HUSBAND HOME?
19 A NO.
20 Q WHERE WOULD HE HAVE BEEN?
21 A HE WAS STILL WORKING.
22 Q WHAT HAPPENED WHEN YOU GOT HOME, MA'AM?
23 A I DECIDED TO ORDER PIZZA.
24 Q YOU WEREN'T GOING TO COOK THAT NIGHT?
25 A NO. IT WAS KIND OF LATE. I DIDN'T PLAN ON
26 BEING OUT THAT LATE WITH THEM.
27 Q ALL RIGHT. AND DID YOU ORDER THE PIZZA?
28 A YES.
Page 502
1 Q FROM?
2 A DOMINO'S.
3 Q THEN WHAT HAPPENED?
4 A WENT TO PICK UP THE PIZZA.
5 Q YOU HAD TO GO GET IT?
6 A UH-HUH.
7 Q THAT'S A YES?
8 A YES. I'M SORRY.
9 Q DID YOU GO WITH ANYBODY TO GET THE PIZZA?
10 A NO.
11 Q OR GO BY YOURSELF?
12 A I WENT BY MYSELF.
13 Q THEN WHERE DID YOU GO?
14 A STRAIGHT HOME.
15 Q THEN WHAT?
16 A WHEN I GOT HOME, MY HUSBAND WAS ALREADY
17 HOME.
18 THE COURT: SAY THAT AGAIN, PLEASE.
19 THE WITNESS: WHEN I GOT HOME, MY HUSBAND WAS
20 ALREADY HOME.
21 BY MR. DUSEK:
22 Q WAS THE SNOWBOARDING TRIP STILL PLANNED?
23 A NO, IT WASN'T.
24 Q WHY NOT?
25 A HE DECIDED -- DAMON DECIDED TO TAKE DERRICK
26 ON SUNDAY BECAUSE THAT'S WHEN A FRIEND OF HIS WAS
27 GOING.
28 Q AND AT THAT POINT, WHEN YOU HAD THE PIZZA
Page 503
1 AND YOU WERE EATING YOUR DINNER THERE, HAD
2 ARRANGEMENTS BEEN FINALIZED FOR WHAT YOU WERE GOING
3 TO DO THAT EVENING?
4 A YES.
5 Q WHAT WERE YOU GOING TO DO THAT EVENING?
6 A I WAS GOING TO GO OUT WITH DENISE AND
7 BARBARA.
8 Q FOR WHAT REASON?
9 A BECAUSE DENISE WAS MOVING AWAY ON SUNDAY.
10 Q I THOUGHT THAT'S WHY YOU WENT OUT THE WEEK
11 BEFORE.
12 A THE REASON I WENT OUT THE WEEK BEFORE IS
13 BECAUSE DAMON HAD ALREADY PLANNED TO TAKE DERRICK
14 SNOWBOARDING, AND I TOLD THEM THAT I PROBABLY
15 COULDN'T GO OUT THAT FRIDAY.
16 Q ON THE FRIDAY THAT -- ON THE 1ST OF
17 FEBRUARY, YOU'D ALREADY MADE ARRANGEMENTS THAT YOU
18 WERE GOING TO GO?
19 A IN THE --
20 Q I CONFUSED MYSELF.
21 WHEN YOU'RE HAVING PIZZA THERE,
22 ARRANGEMENTS HAD ALREADY BEEN MADE THAT YOU WERE
23 GOING TO GO OUT WITH YOUR FRIENDS DENISE AND
24 BARBARA?
25 A YES.
26 Q HOW WERE YOU GOING TO MEET UP?
27 A THEY DRIVE TO MY HOUSE.
28 Q THEY LIVE IN THE AREA?
Page 504
1 A TIERRASANTA.
2 Q ABOUT WHAT TIME DID THEY ARRIVE, DO YOU
3 REMEMBER?
4 A I THINK BETWEEN 7:30 AND 8:00. CLOSER TO
5 8:00.
6 Q WHO WAS ALL AT YOUR HOUSE JUST RIGHT BEFORE
7 THEY ARRIVED?
8 A DANIELLE, DERRICK, DYLEN, AND DAMON, AND
9 MYSELF.
10 Q THE ENTIRE FAMILY?
11 A YES.
12 Q HAD DINNER BEEN COMPLETED?
13 A YES.
14 Q WHEN THE GIRLFRIENDS SHOW UP, WHAT HAPPENS?
15 A WE -- I WAS CLEANING UP IN THE KITCHEN. WE
16 WENT INTO THE GARAGE.
17 Q FOR WHAT REASON?
18 A DENISE AND BARBARA SMOKE CIGARETTES. AND
19 BARBARA AND DENISE HAD A BEER.
20 Q ONE APIECE?
21 A NO. THEY SHARED ONE.
22 Q WERE THERE ANY DRUGS IN THE GARAGE?
23 A I'M SORRY. I WASN'T DONE. AND WE SMOKED
24 MARIJUANA.
25 Q HOW MANY CIGARETTES WERE THERE?
26 A WHAT KIND OF --
27 Q MARIJUANA CIGARETTES.
28 A THERE WAS ONLY ONE.
Page 505
1 Q WHO ALL SMOKED IT OR AT LEAST SMOKED ON IT?
2 A DENISE, BARBARA, DAMON, AND MYSELF.
3 Q DID YOU INHALE?
4 A YES.
5 Q OKAY. HOW LONG WOULD YOU SAY YOU WERE IN
6 THE GARAGE, MA'AM?
7 A PROBABLY ABOUT 15 MINUTES.
8 Q DID YOU HAVE ANYTHING TO DRINK IN THE
9 GARAGE?
10 A DIET COKE.
11 Q HOW ABOUT YOUR HUSBAND, DO YOU KNOW IF HE
12 DRANK ANYTHING?
13 A I DON'T KNOW.
14 Q WERE BOTH -- WERE ALL FOUR OF YOU IN THE
15 GARAGE FOR A SOLID PERIOD OF TIME OR WERE PEOPLE
16 COMING AND GOING?
17 A DAMON WASN'T OUT THERE FOR ANY LONG PERIOD
18 OF TIME. IT WAS JUST THE THREE GIRLS.
19 Q AND THE KIDS WERE WHERE?
20 A DERRICK AND DYLEN WERE PLAYING VIDEO GAMES.
21 Q IN THE HOUSE?
22 A IN THE FAMILY ROOM. AND THAT'S WHERE DAMON
23 WAS PLAYING WITH THE BOYS. AND DANIELLE WAS AT THE
24 KITCHEN TABLE READING A BOOK AND WRITING IN HER
25 JOURNAL.
26 Q DO YOU HAVE A LOCK ON THE DOOR FROM THE
27 GARAGE INTO THE HOUSE?
28 A WE DO.
Page 506
1 Q IS IT IN THE CUSTOMARY POSITION HOW IT'S
2 SET UP?
3 A IT WASN'T.
4 Q NOT AT THAT TIME?
5 A NO.
6 Q WHY NOT?
7 A BECAUSE WE DIDN'T WANT THE KIDS TO BE ABLE
8 TO OPEN THE DOOR FROM THE INSIDE.
9 Q WHY NOT?
10 A IF WE WERE OUT THERE SMOKING, WE DIDN'T
11 WANT THEM TO WALK IN.
12 Q WHEN YOU WERE SMOKING MARIJUANA?
13 A YES.
14 Q THIS WASN'T THE FIRST TIME THAT YOU SMOKED
15 IT, WAS IT?
16 A NO.
17 Q SO EXPLAIN TO ME THE LOCKING MECHANISM OF
18 HOW IT WORKS WHEN IT WAS REVERSED. WHERE CAN YOU
19 LOCK IT AND WHAT DOES IT PREVENT?
20 A YOU LOCK THE DOOR FROM THE INSIDE OF THE
21 GARAGE INSTEAD OF INSIDE OF THE HOUSE.
22 Q SO THE KIDS WOULD NOT BE ABLE TO GET FROM
23 THE HOUSE INTO THE GARAGE IF YOU'D LOCKED IT FROM
24 THE GARAGE?
25 A RIGHT.
26 Q AND IF YOU WERE INSIDE THE HOUSE AND THE
27 DOOR WAS LOCKED, AND YOU WANTED TO GET INTO THE
28 GARAGE, YOU'D HAVE TO USE A KEY?
Page 507
1 A YES.
2 Q IS THERE ALSO A SIDE DOOR TO THIS GARAGE?
3 A YES.
4 Q WAS ANYTHING DONE WITH THAT SIDE DOOR WHILE
5 YOU GUYS WERE OUT IN THE GARAGE?
6 A IT WAS OPEN HALFWAY.
7 Q WHY?
8 A SO THAT THE SMOKE COULD GO OUT.
9 Q DOES THAT DOOR LOCK?
10 A FROM THE INSIDE.
11 Q STANDARD MECHANISM?
12 A YES.
13 Q AND I DON'T KNOW IF I ASKED YOU, BUT CAN
14 YOU ESTIMATE FOR US HOW LONG YOU WERE IN THE GARAGE
15 WITH THE GIRLS?
16 A APPROXIMATELY 15 MINUTES.
17 Q THEN WHERE DID YOU GO?
18 A WE WENT BACK INTO THE HOUSE.
19 Q DO YOU KNOW IF ANYBODY SHUT THAT SIDE
20 GARAGE DOOR?
21 A NO, I DON'T.
22 Q DO YOU KNOW IF ANYBODY LOCKED IT?
23 A NO, I DON'T.
24 Q WHEN YOU WENT BACK INTO THE HOUSE, WHAT WAS
25 GOING ON THEN?
26 A DAMON AND DERRICK AND DYLEN WERE PLAYING A
27 VIDEO GAME IN THE FAMILY ROOM. DANIELLE WAS STILL
28 AT THE TABLE READING A BOOK, AND WRITING.
Page 508
1 Q THEN WHAT HAPPENED?
2 A I TIDIED UP A LITTLE BIT IN THE KITCHEN.
3 AND THEN THEY WERE READY TO GO. I KIND OF THOUGHT
4 IT WAS A LITTLE EARLY BUT WE LEFT ANYWAY.
5 Q ABOUT WHAT TIME?
6 A APPROXIMATELY 8:30.
7 Q AND YOU WENT THERE DIRECTLY TO DAD'S?
8 A YES.
9 Q WHO DROVE?
10 A I DID.
11 Q AND WHO WENT WITH YOU?
12 A DENISE AND BARBARA.
13 Q ABOUT HOW LONG DOES IT TAKE TO GET FROM
14 YOUR HOUSE TO DAD'S?
15 A FIVE MINUTES.
16 Q WERE YOU EXPECTING TO MEET ANYBODY AT DAD'S
17 THAT EVENING?
18 A I WAS EXPECTING THAT DAVID WESTERFIELD
19 WOULD BE THERE.
20 Q BECAUSE OF THE COOKIE CONVERSATION?
21 A YES.
22 Q HOW ABOUT ANY OF YOUR OTHER FRIENDS?
23 A NO.
24 Q WHEN YOU GOT THERE, DID YOU SEE ANYBODY YOU
25 RECOGNIZED?
26 A DAVID WESTERFIELD.
27 Q WHERE WAS HE?
28 A HE WAS ALREADY AT THE BAR.
Page 509
1 Q AND YOU AND YOUR GIRLFRIENDS, WHAT DID YOU
2 GUYS DO WHEN YOU ARRIVED?
3 A WE TALKED TO THE GUY AT THE FRONT DOOR.
4 Q WHO'S THAT?
5 A HE IS THE PERSON WHO CHARGES -- YOU HAVE TO
6 PAY A COVER CHARGE TO GET IN OR SOMETHING.
7 Q ALL RIGHT.
8 A THEY WERE TALKING TO HIM AND THEN BARBARA
9 WENT DIRECTLY UP TO DAVID WESTERFIELD AND INTRODUCED
10 HERSELF TO HIM.
11 Q OH, YEAH. DID YOU HEAR WHAT THEY WERE
12 DISCUSSING?
13 A NO.
14 Q WHY NOT?
15 A I WAS KIND OF BEHIND HER. SHE WAS IN FRONT
16 OF ME.
17 Q YOU WERE NOT IN POSITION?
18 A EXACTLY.
19 Q WHAT DID YOU DO FROM THERE?
20 A DENISE, BARBARA, AND I SAT AT THE BAR IN
21 KIND OF A TRIANGLE FORMATION.
22 Q WHAT DO YOU MEAN BY THAT?
23 A WE PULLED ONE CHAIR OUT AND THEN THERE WERE
24 TWO OF US AGAINST THE BAR AND ONE OF THEM IN THE
25 MIDDLE SO THAT WE COULD TALK.
26 Q HOW ABOUT MR. WESTERFIELD, WHERE WAS HE AND
27 HOW WAS HE POSITIONED?
28 A HE WAS BEHIND ME.
Page 510
1 Q SO HE'D BE LOOKING AT YOUR BACK?
2 A YES.
3 Q WAS HE PART OF YOUR CONVERSATION?
4 A WHEN WE FIRST GOT THERE, HE SAID -- WAS HE
5 PART OF OUR CONVERSATION?
6 Q YES, THAT'S WHAT I'M LOOKING FOR. RIGHT
7 NOW THAT'S WHAT I'M LOOKING FOR.
8 A NO.
9 Q DID HE SAY ANYTHING AS YOU GUYS CAME IN AND
10 TOOK YOUR SEATS AT THE BAR, TO YOU GUYS AS A GROUP?
11 A HE SAID, "LADIES DON'T BUY DRINKS, THEIR
12 OWN DRINKS," AND HE THREW THE MONEY ON THE COUNTER,
13 AND ASKED IF HE COULD BUY US A DRINK.
14 Q DID YOU LET HIM?
15 A YES.
16 Q ALL THREE OF YOU ALLOWED HIM TO BUY DRINKS?
17 A YES.
18 Q WHAT DID YOU GET?
19 A I GOT A CRANBERRY AND VODKA.
20 Q HOW MANY ROUNDS DID HE BUY FOR YOU GUYS?
21 A I DON'T KNOW EXACTLY.
22 Q WAS IT MORE THAN ONE?
23 A I DON'T KNOW.
24 Q WHY DON'T YOU KNOW?
25 A HE LEFT THE MONEY ON THE COUNTER. SO AND
26 THEN LATER WHEN WE PLAYED POOL, I WAS GETTING DRINKS
27 -- DENISE WAS HANDING THEM TO ME BUT I DON'T KNOW
28 WHO THEY CAME FROM.
Page 511
1 Q WHEN THE THREE OF YOU WERE THERE IN YOUR
2 TRIANGLE, WERE YOU INCLUDING MR. WESTERFIELD IN YOUR
3 CONVERSATION?
4 A NO.
5 Q WHAT WAS HE DOING OR HOW WAS HE BEHAVING
6 DURING THAT TIME?
7 A HE HAD -- HE WAS BEHIND ME AND HE HAD TWO
8 OTHER FRIENDS WITH HIM.
9 Q MALE OR FEMALE?
10 A MALE.
11 Q HOW DO YOU KNOW THEY WERE FRIENDS?
12 A I THINK AT ONE POINT -- WELL, AT ONE POINT
13 HE INTRODUCED US TO THEM.
14 Q DO YOU REMEMBER THE NAMES?
15 A NO.
16 Q WHAT'S THE NEXT THING THAT HAPPENED, THAT
17 YOU CAN REMEMBER?
18 A KEITH AND RICH SHOWED UP.
19 Q WHO ARE THEY?
20 A RICH IS A VERY GOOD FRIEND OF MINE, IT'S
21 HER HUSBAND.
22 Q WHO'S HUSBAND?
23 A LIZ BRADY.
24 Q LIZ BRADY IS A FRIEND OF YOURS?
25 A YES. RICH BRADY IS HER HUSBAND.
26 Q HOW LONG HAVE YOU KNOWN HIM?
27 A I'VE KNOWN LIZ SINCE DYLEN WAS IN
28 PRESCHOOL. SO APPROXIMATELY TWO YEARS.
Page 512
1 Q AND SO HOW LONG HAVE YOU KNOWN RICH?
2 A SAME AMOUNT OF TIME.
3 Q AND THE OTHER FELLA'S NAME WAS WHAT?
4 A KEITH.
5 Q WHO WAS HE?
6 A KEITH IS LIZ'S BROTHER-IN-LAW.
7 Q DO YOU KNOW IF THEY WERE AT DAD'S FOR A
8 REASON THAT EVENING?
9 A WHEN THEY CAME IN, THEY TOLD ME OR TOLD US
10 THAT KEITH HAD A FRIEND IN THE BAND THEY CAME TO
11 WATCH.
12 Q THERE WAS A BAND PLAYING THAT NIGHT?
13 A YES.
14 Q DID YOU INTERACT WITH KEITH AND RICH ONCE
15 THEY ARRIVED?
16 A YES.
17 Q HOW?
18 A RICH STOOD NEXT TO ME IN ONE SPOT AND KEITH
19 WALKED OVER TO BARBARA AND STOOD NEXT TO HER AND
20 DENISE.
21 Q WHAT WERE YOU GUYS DOING?
22 A WE TALKED FOR A WHILE. WE TOLD THEM WE
23 WERE GOING TO ITALY. I WAS VERY EXCITED ABOUT THE
24 TRIP. I CAN'T REMEMBER THE REST OF THE
25 CONVERSATION.
26 Q DID THERE COME A TIME WHEN YOU GUYS QUIT
27 TALKING AND SOMETHING ELSE STARTED?
28 A YES. I KNOW THERE WAS ONE POINT -- YES.
Page 513
1 WE WENT TO PLAY POOL.
2 Q HOW MANY POOL TABLES DID THEY HAVE THERE,
3 DO YOU REMEMBER?
4 A TWO.
5 Q WHO ALL WENT TO PLAY POOL?
6 A BARBARA AND KEITH WERE GOING TO PLAY.
7 THEY'RE THE ONE WHO BROUGHT IT UP. AND THEY PLAYED
8 AT ONE TABLE. AND DENISE AND I WERE GOING TO PLAY
9 AT THE OTHER TABLE.
10 Q YOU ANY GOOD?
11 A NOT REALLY.
12 Q HOW ABOUT THE OTHER FRIENDS THAT YOU WERE
13 WITH, WHAT WERE THEY GOING TO DO?
14 A KEITH WAS PLAYING WITH BARBARA. AND RICH
15 WASN'T PLAYING.
16 Q HOW ABOUT MR. WESTERFIELD, WHAT WAS HE
17 DOING, IF YOU CAN -- WERE YOU AWARE OF WHAT HE WAS
18 DOING?
19 A I REMEMBER AT ONE POINT HE WAS JUST
20 STANDING ON THE SIDE WATCHING US.
21 Q DID HE EVER PLAY POOL WITH YOU GUYS?
22 A NO.
23 Q ANY IDEA HOW MANY GAMES YOU PLAYED OR DID
24 YOU KEEP THE SAME PARTNERS THE WHOLE TIME?
25 A WELL, THE TWO FRIENDS THAT MR. WESTERFIELD
26 WAS WITH, THEY CAME UP AND ASKED IF THEY COULD PLAY
27 WITH US.
28 Q DID YOU LET HIM JOIN IN?
Page 514
1 A SO WE LET HIM PLAY FROM THE BEGINNING.
2 Q HOW DID YOU BREAK UP THAT?
3 A DENISE DIVIDED US INTO TEAMS AND I DON'T
4 REMEMBER THE PERSON'S NAME I WAS WITH. BUT I PLAYED
5 WITH ONE OF THEM AND SHE PLAYED WITH THE OTHER ONE.
6 Q AGAINST EACH OTHER?
7 A YES.
8 Q SO FOUR OF YOU WERE ON THE TABLE?
9 A YES.
10 Q DO YOU EVER SWITCH PARTNERS?
11 A AT THE LAST GAME, I ASKED DENISE IF SHE
12 WOULD SWITCH BECAUSE THEY HAD WON THE FIRST TWO
13 GAMES AND I TOLD HER I COULDN'T LEAVE WITHOUT
14 WINNING ONE. SO THEY SAID NO, NO, NO, BUT SOMEHOW
15 AFTER THE BREAK, I ENDED UP WITH THE OTHER PARTNER.
16 I DON'T KNOW HOW IT HAPPENED.
17 Q DID YOU WIN THE LAST GAME?
18 A YES.
19 Q THEN WHAT?
20 A BY THAT TIME, THE BAND WAS PLAYING AND
21 PEOPLE WERE DANCING.
22 Q WERE YOU DANCING?
23 A YES.
24 Q WITH WHOM?
25 A I DANCED WITH KEITH AND I DANCED WITH RICH.
26 AND TOWARDS THE END OF THE EVENING, THERE WAS A
27 GENTLEMAN WHO CAME UP AND ASKED ME TO DANCE.
28 Q SOMEBODY YOU KNEW?
Page 515
1 A NO.
2 Q JUST SOMEBODY WHO WAS IN THE BAR?
3 A YES.
4 Q DID YOU GET HIS NAME?
5 A I TALKED TO HIM FOR A WHILE. I KNOW THE
6 COMPANY HE OWNS AND ALL THAT, BUT I DON'T REMEMBER --
7 DURING THE DANCE, I DON'T REMEMBER HIS NAME.
8 Q HOW ABOUT MR. WESTERFIELD, DID YOU DANCE
9 WITH HIM?
10 A NO.
11 Q DID YOU SEE HIM DANCE AT ALL?
12 A I DON'T RECALL.
13 Q WHAT KIND OF BAND WAS IT?
14 A I THINK THEY PLAYED 8O'S MUSIC.
15 Q FAST DANCING OR SLOW DANCING?
16 A FAST.
17 Q OR BOTH?
18 A THEY WERE BOTH.
19 Q ANY IDEA HOW LONG YOU WERE DANCING THAT
20 EVENING?
21 A MOST OF THE EVENING.
22 Q WHICH TAKES US ABOUT HOW MANY HOURS, IF YOU
23 CAN TELL?
24 A HOW MANY HOURS OF DANCING?
25 Q YES.
26 A PROBABLY APPROXIMATELY THREE.
27 Q DO YOU KNOW IF MR. WESTERFIELD REMAINED AT
28 THE BAR THE ENTIRE TIME YOU STAYED THERE?
Page 516
1 A NO, I DON'T.
2 Q WHY NOT?
3 A BECAUSE I WASN'T PAYING ATTENTION TO HIM.
4 Q HOW MUCH WOULD YOU SAY YOU HAD TO DRINK
5 THERE THAT NIGHT?
6 A ME?
7 Q YOU.
8 A I HAD THREE CRANBERRY AND VODKAS, A SHOT OF
9 TEQUILA, AND A RED BULL.
10 Q HELP ME OUT. WHAT'S A RED BULL?
11 A IT'S AN ENERGY DRINK.
12 Q IS IT AN ALCOHOLIC DRINK?
13 A NONALCOHOLIC.
14 Q IN THE SEQUENCE OF DRINKS, CAN YOU REMEMBER
15 HOW YOU WENT THROUGH THEM?
16 THE RED BULL AT THE BEGINNING?
17 A THE RED BULL WAS AT THE END.
18 Q AND AFTER THE RED BULL, DID YOU DRINK
19 ANYTHING BEYOND THAT?
20 A NO.
21 Q WHY NOT?
22 A BECAUSE I WOULD BE DRIVING HOME SOON.
23 Q DID YOU DRINK ANYTHING OF A NONALCOHOLIC
24 NATURE?
25 A NOT THAT I RECALL.
26 Q DID YOU HAVE ANY WATER?
27 A I DID.
28 Q YOU WERE GOING TO BE THE DRIVER HOME?
Page 517
1 A YES.
2 Q AND HOW ABOUT YOUR GIRLFRIENDS, WERE THEY
3 ALSO DRINKING?
4 A YES.
5 Q WHAT? DO YOU REMEMBER?
6 A BARBARA DRINKS VODKA AND TONIC. AND DENISE
7 WAS DRINKING VODKA AND CRANBERRY.
8 Q WERE YOU KEEPING TRACK OF HOW MANY DRINKS
9 THEY HAD?
10 A NO.
11 Q DID YOU REMAIN INSIDE THE BUILDING THE
12 ENTIRE TIME YOU WERE AT DAD'S?
13 A NO.
14 Q HOW MANY TIMES DID YOU GO OUTSIDE THE
15 BUILDING?
16 A ONCE.
17 Q ABOUT WHEN IN THE SEQUENCE THAT YOU
18 DESCRIBED FOR US?
19 A IN THE MIDDLE OF THE -- IT WAS AFTER WE
20 PLAYED POOL.
21 Q AND BEFORE DANCING HAD STARTED OR IN THE
22 MIDDLE OF THE DANCING?
23 A IN THE MIDDLE OF THE DANCING.
24 Q WHO ALL WENT OUTSIDE?
25 A BARBARA, DENISE, KEITH, AND RICH AND I.
26 Q FIVE OF YOU?
27 A YES.
28 Q HOW ABOUT MR. WESTERFIELD, DID HE GO OUT?
Page 518
1 A NO.
2 Q DID YOU SEE HIM OUTSIDE?
3 A NO.
4 Q WHAT DID YOU DO -- WHERE DID YOU GO WHEN
5 YOU WENT OUTSIDE?
6 A WE WENT TO MY TRUCK.
7 Q WHY?
8 A WE WERE GOING TO SMOKE MARIJUANA.
9 Q HOW MUCH DID YOU HAVE?
10 A WHAT WE SMOKED FROM THE SAME ONE THAT WAS
11 AT THE HOUSE.
12 Q SAME CIGARETTE?
13 A YES.
14 Q DIDN'T HAVE ANY OTHERS?
15 A NO.
16 Q YOU DIDN'T HAVE ANOTHER STASH IN THE CAR OR
17 TRUCK OR ANYWHERE ELSE?
18 A NOT THAT I KNOW OF.
19 Q ALL RIGHT. WHO ALL TOOK PUFFS ON IT, IF
20 YOU CAN REMEMBER?
21 A I KNOW DEFINITELY DENISE AND BARB AND I
22 DID.
23 Q WERE YOU GUYS INSIDE THE VEHICLE OR
24 OUTSIDE?
25 A DENISE AND BARB WERE INSIDE THE VEHICLE.
26 WE TURNED ON MUSIC. AND KEITH WAS ON BARBARA'S SIDE
27 AND RICH WAS ON MY SIDE TALKING TO ME.
28 Q WERE YOU -- YOU WERE INSIDE THE CAR?
Page 519
1 A YES.
2 Q WHICH SEAT?
3 A DRIVER'S SEAT.
4 Q WHAT ELSE WENT ON OUT THERE?
5 A I DON'T KNOW. NOTHING.
6 Q ANY SEX?
7 A NO.
8 Q ANY KISSING?
9 A I DON'T RECALL.
10 Q DID YOU GET INVOLVED IN ANY KISSING?
11 A NO.
12 Q HOW LONG WOULD YOU SAY YOU WERE OUT THERE?
13 A PROBABLY -- APPROXIMATELY TEN MINUTES.
14 Q THEN WHERE DID YOU GO?
15 A WE WENT BACK INTO THE -- INTO DAD'S.
16 Q CAN YOU ESTIMATE FOR US ABOUT WHAT TIME
17 THAT WAS, IF AT ALL POSSIBLE?
18 A I CAN'T.
19 Q DO YOU KNOW IF MR. WESTERFIELD WAS STILL
20 PRESENT AT DAD'S WHEN YOU CAME BACK IN?
21 A I DON'T KNOW.
22 Q WERE YOU PAYING ATTENTION TO HIM?
23 A NO.
24 Q WHY NOT?
25 A I DON'T KNOW. I JUST -- I WAS WITH MY
26 FRIENDS.
27 Q DO YOU REMEMBER ABOUT WHAT TIME YOU LEFT
28 DAD'S?
Page 520
1 A IT WAS APPROXIMATELY TEN UNTIL 2:00. I
2 KNOW THEY HAD HAD LAST CALL AND DENISE AND BARBARA
3 WERE IN THE LITTLE SMOKE AREA.
4 Q FOR CIGARETTES OR FOR MARIJUANA?
5 A CIGARETTES.
6 Q ALL RIGHT. THEN WHAT DO YOU REMEMBER?
7 A I TOLD THEM THAT IT WAS TIME TO GO AND THAT
8 I WAS GOING TO GET THE TRUCK AND PULLED IT UP FRONT.
9 Q DID YOU GO BY YOURSELF?
10 A TO GET THE TRUCK?
11 Q YES.
12 A YES.
13 Q AND AFTER YOU GOT THE TRUCK, WHERE DID YOU
14 GO? WHAT WAS THE PLAN?
15 A WE WERE GOING BACK TO MY HOUSE.
16 Q WHO ALL WAS GOING TO GO BACK?
17 A BARBARA AND DENISE AND KEITH AND RICH.
18 Q WHAT WERE YOU GOING BACK THERE FOR?
19 A KEITH WAS VERY INTERESTED IN BARBARA AND HE
20 HAD ASKED ME -- HE SAID, "YOU GOT TO MAKE THIS
21 HAPPEN FOR ME." I SAID, "WELL, YOU CAN COME BACK TO
22 THE HOUSE AND TALK TO HER, BUT THAT'S ABOUT ALL I
23 CAN DO." AND BARB AND DENISE HAD TO COME BACK TO
24 THE HOUSE TO GET THEIR CAR.
25 Q WHEN YOU GOT YOUR TRUCK, HOW QUICKLY DID
26 YOU MEET UP WITH YOUR GIRLFRIENDS AND THESE TWO
27 GUYS?
28 A IT WAS A MATTER -- OH, OH, MEET UP WITH --
Page 521
1 Q THERE, AFTER YOU GOT YOUR TRUCK.
2 A WELL, I GOT MY TRUCK AND I WENT TO THE
3 WINDOW AND I TOLD THEM IT WAS TIME TO GO. THEY CAME
4 OUTSIDE. WE GOT INTO THE TRUCK AND WE LEFT. WHEN I
5 WAS ON POWAY ROAD A LITTLE BIT DOWN, BARBARA SAID,
6 "I FORGOT MY CIGARETTES." SO WE MADE A U-TURN, WE
7 WENT BACK TO DAD'S. SHE WENT IN AND GOT THEM. AND
8 THEN WE WENT -- WE LEFT AGAIN TO GO TO MY HOUSE.
9 Q HOW ABOUT THE TWO GUYS, WHERE WERE THEY?
10 A I DON'T KNOW WHERE THEY WERE AT THE TIME.
11 BUT WHEN WE GOT TO SPRINGHURST AND POWAY ROAD TO
12 TURN LEFT, THEY WERE IN FRONT OF US.
13 Q IS THAT WHERE YOU TURNED LEFT INTO YOUR
14 NEIGHBORHOOD?
15 A UH-HUH.
16 Q IS THAT A YES?
17 A YES.
18 THE COURT: DON'T WORRY.
19 THE WITNESS: I'M SORRY.
20 THE COURT: THAT'S ALL RIGHT. I DO IT ALL THE
21 TIME.
22 GO AHEAD.
23 BY MR. DUSEK:
24 Q YOU TOLD US ABOUT THE ALCOHOL YOU'D BEEN
25 DRINKING THAT NIGHT AND YOU TOLD US ABOUT THE
26 MARIJUANA THAT YOU'D BEEN PUFFING ON.
27 HOW CLEAR-HEADED WERE YOU? WHAT IMPACT AT
28 ALL DID IT HAVE ON YOU?
Page 522
1 MR. FELDMAN: OBJECTION; CALLS FOR SPECULATION.
2 THE COURT: OVERRULED.
3 MR. FELDMAN: CALLS FOR A CONCLUSION.
4 THE COURT: OVERRULED.
5 THE WITNESS: DO I ANSWER THAT QUESTION?
6 THE COURT: YES, PLEASE.
7 THE WITNESS: I THINK I WAS VERY CLEAR-HEADED.
8 BY MR. DUSEK:
9 Q HOW LONG HAD YOU BEEN DRINKING THAT NIGHT?
10 WHEN DID YOU START?
11 A PROBABLY ABOUT 8:45.
12 Q AT THE BAR?
13 A UH-HUH.
14 Q IS THAT A YES?
15 A YES.
16 Q WHEN DID YOU QUIT?
17 A ABOUT 1:30.
18 Q YOU QUIT DRINKING ALCOHOL AT 1:30?
19 A COULD HAVE BEEN A LITTLE BIT EARLIER THAN
20 THAT.
21 Q WERE YOU ABLE TO DRIVE HOME OKAY?
22 A YES.
23 Q WHEN YOU GOT HOME, DESCRIBE WHAT HAPPENED
24 AS YOU PULLED UP.
25 A I PULLED INTO THE DRIVEWAY. KEITH AND RICH
26 WERE IN KEITH'S CAR. THEY WERE IN FRONT OF US.
27 THEY PULLED UP IN FRONT OF THE HOUSE. WE GOT OUT OF
28 THE TRUCK, WENT TO THE DOOR, THEY WERE STILL GETTING
Page 523
1 OUT OF THEIR CAR.
2 Q WENT TO THE FRONT DOOR?
3 A TO THE FRONT DOOR.
4 Q THEN WHAT HAPPENED?
5 A I OPENED THE DOOR WITH THE KEY, AND WE ALL
6 WENT IN.
7 Q MEANING ALL FIVE OF YOU?
8 A DENISE AND BARBARA AND I WERE IN FIRST.
9 AND KEITH AND RICH WERE STILL WALKING UP TO THE
10 HOUSE.
11 Q AS YOU GOT INSIDE, DID YOU SEE ANYBODY?
12 A NO.
13 Q YOUR HUSBAND OR ANY KIDS, WERE THEY UP AT
14 THAT TIME?
15 A WELL, I LOOKED UPSTAIRS AND THE TV WAS ON
16 IN OUR BEDROOM.
17 Q HOW COULD YOU TELL?
18 A THE DOOR WAS OPEN. AND IN THERE I COULD
19 TELL IT WAS THE TV LIGHT. THE LIGHT.
20 Q DID YOU ACTUALLY SEE THE TV?
21 A NO.
22 Q ONCE EVERYBODY GOT INSIDE, WHAT DID YOU DO?
23 A WHEN I FIRST STEPPED INTO THE HOUSE, I
24 COULD SEE OUT OF THE CORNER OF MY LEFT EYE THAT
25 THERE WAS A BLINKING LIGHT ON THE CONTROL PANEL TO
26 THE ALARM.
27 Q DESCRIBE THAT FOR US. WHAT IS IT?
28 A IT'S JUST A RED LIGHT THAT INDICATES THAT
Page 524
1 THERE'S A DOOR OR WINDOW OPEN.
2 Q WHERE IS IT ON THE WALL IN RELATION TO THE
3 FRONT DOOR?
4 A IT'S WHEN YOU WALK INTO THE HOUSE, IT'S
5 DIRECTLY TO YOUR LEFT IN THE HALLWAY NEXT TO THE
6 GARAGE THAT GOES INTO THE GARAGE, THE DOOR THAT GOES
7 INTO THE GARAGE.
8 Q IT'S ON THE WALL ABOUT WHAT, WAIST LEVEL OR
9 SO?
10 A EYE LEVEL.
11 Q AND THERE ARE SEVERAL LIGHTS ALONG THERE?
12 A YES. IT'S VERT- -- IT'S VERTICAL.
13 Q THE LIGHTS, ARE THEY ALIGNED WITH A
14 PARTICULAR WINDOW OR DOOR?
15 A THEY ARE.
16 Q SO IF YOU KNOW WHICH LIGHT'S ON, YOU KNOW
17 WHICH WINDOW TO GO CHECK OR WHICH DOOR TO GO CHECK?
18 A YES.
19 Q ONE LIGHT WAS ACTIVATED?
20 A YES.
21 Q WHAT DOES THAT MEAN?
22 A THAT MEANS THERE'S A DOOR OR WINDOW OPEN.
23 Q DOES IT HAVE AN ALARM THAT EITHER GOES OFF
24 INSIDE THE HOUSE OR ALERTS A SECURITY AGENCY?
25 A NO.
26 Q IT DOESN'T HAVE ONE OR YOU JUST DON'T HAVE
27 IT HOOKED UP, DO YOU KNOW?
28 A WELL, I MEAN, WE CAN HAVE A SECURITY
Page 525
1 COMPANY MONITOR IT. BUT WE DON'T HAVE ONE RIGHT
2 NOW.
3 Q AND IF THE HOUSE IS SECURE, ALL THE LIGHTS
4 ARE OFF; IS THAT CORRECT?
5 A YES.
6 Q IF SOMEBODY OPENS A DOOR, WHAT KIND OF
7 ALERT OR LIGHT OR SOUND GOES OFF?
8 A WHEN YOU FIRST OPEN THE DOOR, THERE WILL BE
9 "BEEP, BEEP, BEEP" TELLS YOU THAT SOMEONE HAS OPENED
10 A DOOR OR WINDOW.
11 Q DOES IT GO ON CONTINUOUSLY?
12 A NO.
13 Q HOW LONG DOES IT GO?
14 A JUST FOR A FEW SECONDS.
15 Q HOW LOUD?
16 A IT'S NOT VERY LOUD.
17 Q HOW MANY MONITORS DO YOU HAVE IN YOUR
18 HOUSE?
19 A TWO.
20 Q THAT ONE BY THE FRONT DOOR. AND WHERE IS
21 THE OTHER ONE?
22 A IN THE MASTER BEDROOM.
23 Q WHEN YOU SAW THE LIGHT, WHAT DID YOU DO?
24 A I TOLD DENISE THAT THERE WAS A DOOR OPEN OR
25 WINDOW AND I NEEDED TO FIND IT. AND I FIRST RAN
26 UPSTAIRS TO TELL DAMON THAT TWO OF HIS -- THAT RICH
27 WAS HERE AND I ASKED HIM IF HE WANTED TO COME DOWN
28 TO SAY HELLO.
Page 526
1 Q THEN WHAT DID YOU DO?
2 A I WENT BACK DOWNSTAIRS AND STARTED LOOKING
3 FOR THE DOOR THAT WAS OPEN.
4 Q DID YOU FIND IT?
5 A YES.
6 Q WHICH ONE?
7 A IT WAS THE OUTSIDE GARAGE DOOR.
8 Q THE DOOR THAT GOES FROM THE INSIDE OF THE
9 GARAGE TO THE OUTSIDE OF THE HOUSE?
10 A YES.
11 Q IS THAT THE DOOR THAT YOU TOLD US HAD BEEN
12 OPEN FOR THE SMOKE?
13 A YES.
14 Q WAS IT ACTUALLY AJAR OR JUST UNLOCKED?
15 A IT WAS AJAR.
16 Q DID YOU LOOK OUTSIDE THE DOOR TO SEE IF
17 ANYTHING WAS UNUSUAL OUT THERE?
18 A NO. DENISE WAS THE ONE WHO WALKED UP TO IT
19 AND CLOSED IT.
20 Q DO YOU KNOW IF IT WAS LOCKED AT THAT TIME
21 AFTER IT WAS CLOSED?
22 A I DON'T KNOW IF SHE LOCKED IT.
23 Q WHAT DID YOU DO THEN?
24 A I WENT BACK INSIDE. KEITH AND RICH HAD
25 ALREADY COME IN. THEY WERE SITTING IN THE LIVING
26 ROOM.
27 Q AND DENISE WAS WITH YOU?
28 A DENISE WAS WITH ME.
Page 527
1 Q WHERE WAS BARBARA?
2 A BARBARA HAD GONE UPSTAIRS.
3 Q DO YOU KNOW WHERE SHE WENT?
4 A SHE WENT TO THE BEDROOM.
5 Q WHERE YOUR HUSBAND WAS?
6 A YES.
7 Q DID YOU SEE HER ACTUALLY GO INTO THE
8 BEDROOM, WERE YOU UP THERE WHEN SHE WENT IN?
9 A NO. KEITH AND RICH STARTED JOKING AROUND.
10 MR. FELDMAN: OBJECTION; NOT RESPONSIVE. SHE'S
11 ANSWERED THE QUESTION.
12 THE COURT: I KNOW. HE'S RIGHT. THE ANSWER IS
13 STRICKEN.
14 BY MR. DUSEK:
15 Q DID YOU EVENTUALLY GO UPSTAIRS?
16 A YES.
17 Q WHY?
18 A BECAUSE KEITH AND RICH WERE SAYING "WHERE'S
19 BARBARA? WHERE'S BARBARA?" AND I SAID, "SHE'S
20 UPSTAIRS." SO I WENT UP AND I ASKED DAMON AGAIN TO
21 COME DOWN.
22 Q WHAT WAS GOING ON?
23 A SHE WAS LAYING ON THE BED ON TOP OF THE
24 COVERS AND DAMON WAS UNDER THE COVERS, AND THEY WERE
25 TALKING.
26 Q IS THAT ALL YOU SAW?
27 A THAT'S ALL I SAW.
28 Q WHAT DID YOU TELL THEM?
Page 528
1 A I TOLD THEM BOTH THAT THEY WERE BEING RUDE
2 AND THEY NEEDED TO COME DOWNSTAIRS.
3 Q DID THEY?
4 A YES.
5 Q IMMEDIATELY OR SOMETIME LATER?
6 A IMMEDIATELY.
7 Q WHAT HAPPENED WHEN THEY CAME DOWNSTAIRS?
8 A DENISE WAS IN THE KITCHEN HEATING UP
9 LEFTOVER PIZZA.
10 Q WHERE DID THE PIZZA COME FROM?
11 A DINNER.
12 Q THEN WHAT?
13 A WE ALL ATE A SLICE OF PIZZA. I HAD SOME
14 SODA OR WATER.
15 Q ANY ALCOHOL?
16 A NO.
17 Q DID YOU HAVE ALCOHOL IN THE HOUSE?
18 A YES.
19 Q WHAT? WHAT TYPE OF ALCOHOL?
20 A WHAT TYPE OF ALCOHOL? WE HAVE BEER AND
21 VODKA.
22 Q WHEN YOU FINISHED WITH THE BEER CONTAINERS,
23 WHAT DID YOU DO WITH THEM?
24 A RECYCLE THEM.
25 Q WHERE DO YOU PUT THEM?
26 A IN THE RECYCLE BIN.
27 Q WHERE IS THAT?
28 A OUTSIDE OF THE GARAGE DOOR.
Page 529
1 Q IS THAT WHERE SOME OF THE CANS HAD BEEN
2 RECYCLED, CANS OR BOTTLES?
3 A YES.
4 Q AFTER YOU HAD THE PIZZA, THEN WHAT
5 HAPPENED?
6 A THE GIRLS SAID THAT THEY WANTED TO LEAVE.
7 AND I WALKED THEM OUT FRONT.
8 Q CAN YOU ESTIMATE FOR US HOW LONG YOU'D BEEN
9 AT THE HOUSE AFTER RETURNING FROM DAD'S UNTIL THEY
10 LEFT?
11 A APPROXIMATELY 15 TO 20 MINUTES.
12 Q THAT'S ALL?
13 A YES.
14 Q WHAT ABOUT THE GUYS, WHAT DID THEY DO?
15 A WHEN I WALKED BACK IN FROM SAYING GOOD-BYE
16 TO MY FRIENDS, DAMON SAID SOMETHING TO THE EFFECT
17 OF, YOU KNOW, I DON'T WANT TO KICK YOU OUT BUT WE'RE
18 TIRED, AND THEY SAID OKAY AND THEY LEFT.
19 Q BOTH GUYS LEFT?
20 A YES.
21 Q ARE YOU SURE?
22 A YES.
23 Q AFTER THEY LEFT, DID YOU LOCK UP?
24 A YES.
25 Q THEN WHAT DID YOU DO?
26 A WE WENT TO BED.
27 Q YOU AND DAMON?
28 A YES.
Page 530
1 Q HOW ABOUT THE KIDS, DID YOU CHECK ON THEM?
2 A NO.
3 Q WHY NOT?
4 A WHEN I CAME HOME AND WENT UPSTAIRS TO ASK
5 DAMON TO COME DOWN, I ASKED HIM HOW THE BEDTIME
6 TUCK-IN WENT AND HE SAID IT WENT FINE. I ASKED HIM
7 IF HE HAD HUGGED AND KISSED EVERYBODY GOOD NIGHT AND
8 HE SAID YES. AND I ASKED HIM IF ANYONE HAD ASKED
9 FOR ME AND HE SAID NO. SO I HAD NO REASON TO CHECK
10 ON THEM.
11 Q AND YOUR HUSBAND WENT TO BED THAT EVENING
12 THEN; IS THAT RIGHT?
13 A WHEN I WENT TO BED?
14 Q YES.
15 A YES.
16 Q ABOUT WHAT TIME WOULD YOU ESTIMATE YOU WENT
17 TO BED?
18 A ABOUT 2:30.
19 Q WHAT'S THE NEXT THING THAT YOU REMEMBER
20 HAPPENING AFTER YOU WENT TO BED AND THEN FELL
21 ASLEEP, I ASSUME?
22 A I REMEMBER DAMON SAYING SOMETHING ABOUT THE
23 DOG AND HE GOT OUT OF BED.
24 Q DO YOU KNOW WHAT TIME IT WAS?
25 A NO, I DON'T.
26 Q WHY NOT?
27 A BECAUSE I WAS VERY TIRED.
28 Q WERE YOU EVEN AWARE OF HIM DOING ANYTHING
Page 531
1 WHEN THE CONVERSATION ABOUT THE DOG WAS HAD?
2 A NO.
3 Q WHAT'S THE NEXT THING YOU REMEMBER
4 HAPPENING?
5 A I WOKE UP ABOUT 8:15 IN THE MORNING.
6 Q SO FROM THE DOG UNTIL YOU WAKE UP, YOU
7 WEREN'T AWARE OF ANYTHING HAPPENING?
8 A NO.
9 Q IS THAT RIGHT?
10 A RIGHT.
11 Q WERE YOU UP BEFORE OR AFTER YOUR HUSBAND?
12 A AFTER.
13 Q WHAT DID YOU DO ONCE YOU GOT UP?
14 A I LAID IN THE BED FOR ABOUT TEN MORE
15 MINUTES AND THEN I REALIZED THAT I HAD COMMITTED
16 MYSELF TO BABY-SITTING FOR MY NEIGHBOR.
17 Q WHAT DAY OF THE WEEK WAS THIS?
18 A SATURDAY.
19 Q AND WHAT DO YOU MEAN "COMMITTED" TO
20 "BABY-SITTING"?
21 A SHE ASKED ME IF I WOULD WATCH HER CHILDREN
22 FOR A COUPLE OF HOURS WHILE THEY RAN AN ERRAND.
23 Q WHERE DOES THIS FAMILY LIVE?
24 A ACROSS THE STREET.
25 Q HOW MANY KIDS DID THEY HAVE?
26 A TWO.
27 Q AGES? ABOUT?
28 A EIGHT AND FIVE.
Page 532
1 Q HAD YOU BABY-SAT FOR HER BEFORE?
2 A YES.
3 Q HAD SHE BABY-SAT FOR YOU BEFORE?
4 A YES.
5 Q HOW GOOD A FRIENDS WERE YOU?
6 A WE'RE FRIENDS.
7 Q WHAT TIME WAS SHE DUE OVER WITH HER KIDS?
8 A 9:30.
9 Q SO WHAT DID YOU DO?
10 A I TOOK A SHOWER AND GOT DRESSED. I WENT
11 DOWNSTAIRS.
12 Q WHAT WAS GOING ON DOWNSTAIRS?
13 A I WAS ASKING WHO WANTED WHAT FOR BREAKFAST.
14 Q WHO WAS DOWN THERE?
15 A DERRICK AND DYLEN AND DAMON.
16 Q DANIELLE WASN'T DOWN THERE?
17 A NO.
18 Q IS THAT UNUSUAL?
19 A NO.
20 Q WHY NOT?
21 A SHE WAS A LATE SLEEPER.
22 Q HOW HEAVY DOES SHE SLEEP, HOW SOLIDLY?
23 A PRETTY HEAVY.
24 Q HOW DO YOU KNOW?
25 A BECAUSE WHEN WE GO ON TRIPS, SOMETIMES
26 WE'LL LEAVE VERY EARLY IN THE MORNING AND WE WILL
27 CARRY THEM DOWN THE STAIRS AND PUT THEM INTO THE CAR
28 WHILE THEY'RE SLEEPING.
Page 533
1 Q CAN YOU CARRY HER?
2 A NOT ANYMORE.
3 Q HOW ABOUT YOUR HUSBAND, IS HE BIG ENOUGH
4 AND STRONG ENOUGH TO CARRY HER?
5 A YES.
6 Q HE DOESN'T HAVE TO DRAG HER? HE'S STRONG
7 ENOUGH TO CARRY HER IN HIS ARMS?
8 A YES.
9 Q DO YOU REMEMBER IF YOU MADE ANYTHING FOR
10 BREAKFAST?
11 A I STARTED GETTING THINGS OUT AND THEN THE
12 DOORBELL RANG.
13 Q WHAT WERE YOU STARTING TO MAKE?
14 A EGGS.
15 Q AND HOW DID THE DOORBELL INTERRUPT YOU?
16 A I WAS JUST GETTING STUFF OUT AT THE TIME.
17 Q AND WHAT DID YOU DO WHEN THE DOORBELL WENT
18 OFF?
19 A I ANSWERED THE DOOR. AND IT WAS JULIE WITH
20 HER TWO CHILDREN. THEY CAME IN. AND I TOLD HER,
21 HER DAUGHTER, THAT SHE COULD -- I TOLD HER THAT
22 DANIELLE WASN'T AWAKE, BUT THAT SHE COULD GO AND
23 WAKE HER IF SHE WANTED TO BECAUSE IT WAS LATE
24 ENOUGH.
25 Q SO WHAT DID SHE DO, THE DAUGHTER?
26 A FROM WHAT I RECALL, SHE WENT INTO THE
27 FAMILY ROOM AND STARTED PLAYING WITH THE BOYS.
28 Q SHE DIDN'T GO UPSTAIRS?
Page 534
1 A NOT THAT I KNOW OF.
2 Q DID ANYONE GO CHECK ON DANIELLE?
3 A I STARTED CRACKING EGGS, I THINK I GOT TWO
4 CRACKED, AND THEN I REALIZED SHE HADN'T GONE UP TO
5 GET DANIELLE, SO I THOUGHT I WOULD DO IT MYSELF.
6 Q DID YOU?
7 A YES. I WENT UP INTO HER ROOM.
8 Q CAN YOU REMEMBER IF HER DOOR WAS OPEN OR
9 CLOSED OR SOMEWHERE IN BETWEEN?
10 A IT WAS OPEN.
11 Q HOW OPEN?
12 A ALL THE WAY OPEN.
13 Q AND AS YOU STAND IN THE DOORWAY TO HER
14 ROOM, WHAT ARE YOU ABLE TO SEE AS THE DOOR IS OPEN?
15 A HER BED.
16 Q DESCRIBE THE BED FOR US, WOULD YOU?
17 A HER BED HAD A LOT OF ITEMS ON IT. SHE HAD
18 PUT HER BEANBAG ON THERE. IT HAD A BIG DOG.
19 Q THE STYLE OF THE BED IS WHAT I MEANT.
20 A OH, THE STYLE OF THE BED. IT'S A
21 FOUR-POSTER WHITE BED WITH A CLOTH SCREEN THAT HANGS
22 OVER IT.
23 Q KIND OF LIKE A NETTING --
24 A A NETTING.
25 Q -- THING?
26 WHAT'S THE COLOR OF THE BEDROOM?
27 A PINK AND PURPLE.
28 Q DID YOU HAVE ANY GIRLY STUFF ON THE WALLS?
Page 535
1 A YES.
2 Q DID YOU GO IN?
3 A YES.
4 Q WHAT DID YOU FIND?
5 A AN EMPTY BED.
6 Q DIDN'T FIND DANIELLE?
7 A NO.
8 Q WHAT DID YOU DO?
9 A I ASKED DAMON IF HE HAD SEEN HER. AND HE
10 SAID -- I ASKED HIM IF SHE SLEPT IN HER BED BECAUSE
11 SOMETIMES SHE WOULD SLEEP -- THEY LIKED TO SLEEP IN
12 DERRICK'S ROOM. HE HAS AN EXTRA BED.
13 Q WHAT DID HE SAY?
14 A HE SAID THAT HE TUCKED HER INTO HER BED.
15 Q WHAT DID YOU DO THEN, MA'AM?
16 A I LOOKED INTO THE BATHROOM BECAUSE
17 SOMETIMES SHE GETS UP AND SHE'LL SIT THERE FOR A
18 LITTLE WHILE. AND I STARTED CALLING HER NAME. I
19 STARTED LOOKING UNDER THE BEDS AND INTO THE OTHER
20 ROOMS. AND THEN I, YOU KNOW, DURING THAT TIME, I
21 TOLD DAMON I COULDN'T FIND HER. HE RAN UPSTAIRS AND
22 WE STARTED LOOKING EVERYWHERE. AND WE LOOKED
23 DOWNSTAIRS.
24 Q WHAT WAS YOUR EMOTIONAL STATE?
25 A FRANTIC.
26 Q HAD SHE EVER WANDERED AWAY BEFORE?
27 A NO.
28 Q DID SHE EVER SLEEPWALK?
Page 536
1 A JUST TO THE BATHROOM.
2 Q HOW FAR IS THAT?
3 A RIGHT OUTSIDE HER DOOR.
4 Q WHAT WAS YOUR HUSBAND DOING?
5 A HE -- DURING THIS TIME?
6 Q YES.
7 A HE WAS DOWNSTAIRS. AND WHEN I TOLD HIM I
8 COULDN'T FIND HER, HE RAN UPSTAIRS AND HE LOOKED AT
9 THE HOUSE AND THEN HE WENT OUT FRONT AND STARTED
10 LOOKING.
11 Q AND YOUR NEIGHBOR, WAS SHE STILL IN THE
12 HOUSE?
13 A SHE WASN'T. I WENT OUT BACK AND LOOKED
14 SOME. WE LOOKED IN THE JACUZZI AND PLACES YOU WOULD
15 NEVER WANT TO LOOK. AND THEN I CALLED 911.
16 Q HOW QUICKLY?
17 A I DON'T REMEMBER HOW QUICKLY BUT IT WASN'T
18 VERY LONG.
19 Q YOU WEREN'T TIMING THIS, WERE YOU?
20 A NO.
21 Q ARE YOU ABLE TO ESTIMATE FOR US -- WELL,
22 DID LAW ENFORCEMENT SHOW UP IN RESPONSE TO YOUR 911
23 CALL?
24 A YES.
25 Q ARE YOU ABLE TO ESTIMATE FOR US HOW LONG IT
26 TOOK THEM TO GET THERE?
27 A NO.
28 Q WHAT WERE YOU DOING IN THE MEANTIME?
Page 537
1 A I CALLED JULIE AND I ASKED HER TO COME BACK
2 AND GET HER CHILDREN BECAUSE I COULDN'T FIND
3 DANIELLE. AND THEY WERE GETTING VERY UPSET, THE TWO
4 OF THEM.
5 Q WHICH TWO?
6 A HER TWO CHILDREN AND MY TWO CHILDREN WERE
7 GETTING VERY UPSET. AND BECAUSE WE COULDN'T FIND
8 DANIELLE. SO I CALLED HER AND I TOLD HER I COULDN'T
9 FIND DANIELLE AND I ASKED HER TO COME BACK AND GET
10 HER CHILDREN.
11 Q AND HOW ABOUT YOUR TWO BOYS?
12 A THEY STAYED IN THE FAMILY ROOM WITH THEM.
13 I LOOKED IN THE NEIGHBOR'S YARD NEXT-DOOR.
14 Q WHEN THE POLICE ARRIVED, WHAT HAPPENED?
15 THE COURT: ARE YOU OKAY? DO YOU WANT A BREAK?
16 THE WITNESS: I'M OKAY.
17 THE COURT: OKAY.
18 THE WITNESS: WE TOLD HIM THAT WE COULDN'T FIND
19 DANIELLE. AND HE STARTED -- HE WALKED THROUGH THE
20 HOUSE WITH US, I THINK.
21 BY MR. DUSEK:
22 Q WAS THIS A UNIFORMED OFFICER?
23 A YES.
24 Q THEN WHAT HAPPENED?
25 A WE HAD TO STAY OUTSIDE THE HOUSE.
26 Q "WE" BEING WHO?
27 A DAMON AND I AND THE TWO BOYS.
28 Q WERE YOU GIVEN A REASON?
Page 538
1 A UNTIL THE INVESTIGATORS GOT THERE.
2 Q INVESTIGATORS, DID THEY EVENTUALLY SHOW UP?
3 A YES.
4 Q WERE THEY IN UNIFORM OR WERE THEY IN PLAIN
5 CLOTHES?
6 A I DON'T RECALL.
7 Q WHAT HAPPENED WHEN THEY ARRIVED?
8 A IT'S SO HARD TO REMEMBER.
9 Q DID YOU SPEAK WITH THEM?
10 A YES.
11 Q WERE YOU INSIDE OR OUTSIDE THE HOUSE?
12 A WE WENT INSIDE AND SHOWED THEM THE ROOM.
13 Q "WE" BEING WHO?
14 A DAMON AND I.
15 Q THEN WHAT HAPPENED?
16 A BEFORE I KNEW IT, IT WAS TOTAL CHAOS.
17 Q WHAT DO YOU MEAN BY THAT?
18 A THERE WERE LOTS OF PEOPLE ON THE STREET
19 SEARCHING FOR DANIELLE. OUR NEIGHBORS CAME OUT AND
20 STARTED HELPING US IN ANY WAY THEY COULD. ONE OF
21 OUR NEIGHBORS MADE POSTERS. I MEAN FLYERS. MISSING
22 CHILD.
23 Q DID YOU SPEND THAT EVENING IN YOUR HOUSE?
24 A NO.
25 Q WHY NOT?
26 A WE WEREN'T ALLOWED BACK IN.
27 Q BY WHOM?
28 A THE POLICE DEPARTMENT.
Page 539
1 Q DID THEY TELL YOU WHY?
2 A BECAUSE THEY WERE INVESTIGATING IT,
3 SEARCHING FOR EVIDENCE.
4 Q WHEN DID YOUR HUSBAND VACUUM THE HOUSE TO
5 HIDE EVIDENCE?
6 A MY HUSBAND DOESN'T VACUUM THE HOUSE.
7 Q WE HEARD AT LEAST QUESTIONS THE OTHER DAY
8 THAT HE WAS VACUUMING THE HOUSE DESTROYING EVIDENCE.
9 DID THAT EVER HAPPEN?
10 A NO.
11 Q DID YOU HAVE ANY VACUUM CLEANER OUT THAT
12 MORNING?
13 A YES.
14 Q WHERE WAS IT?
15 A IT WAS UPSTAIRS IN THE LITTLE HALL AREA.
16 NOT -- JUST SITTING NEXT TO THE WALL.
17 Q WHY WAS IT OUT THERE?
18 A BECAUSE I WAS GOING TO VACUUM THAT WEEKEND.
19 Q DO YOU ALSO HAVE A STEAM CLEANER?
20 A YES.
21 Q WHERE WAS THAT?
22 A IT WAS IN MY BEDROOM.
23 Q WHY WAS THAT OUT?
24 A IT WAS OUT BECAUSE A COUPLE OF DAYS PRIOR
25 TO DANIELLE MISSING, THE DOG HAD PEED IN HER ROOM IN
26 TWO PLACES. SHE WANTED THE DOG TO SLEEP IN HER
27 ROOM, AND THE DOG PEED IN HER ROOM AND I HAD TO
28 STEAM CLEAN IT UP.
Page 540
1 Q ARE YOU TELLING US THAT YOUR HUSBAND DIDN'T
2 VACUUM UP EVIDENCE BEFORE THE POLICE GOT THERE?
3 A NO.
4 Q DID YOU ASSIST THE POLICE IN THEIR REQUESTS
5 OF YOU AND YOUR HUSBAND?
6 A YES.
7 Q HOW ABOUT THE VACUUM CLEANER, WAS ANYTHING
8 DONE WITH REGARD TO THAT WITH THE POLICE?
9 A THEY ACTUALLY TOOK THE STEAM CLEANER.
10 Q HOW ABOUT THE VACUUM CLEANER, DID THEY
11 EVENTUALLY TAKE THAT?
12 A THEY TOOK THE BAG.
13 Q WHICH BAG?
14 A THE VACUUM CLEANER BAG.
15 Q WHERE WAS THE VACUUM CLEANER BAG? I'M
16 SORRY.
17 A IT'S INSIDE THE CANISTER.
18 Q WAS THERE ONE ALSO OUTSIDE IN THE TRASH
19 CAN?
20 A YES.
21 Q WHY WAS IT OUT THERE?
22 A BECAUSE IT WAS FULL.
23 Q WHEN DID YOU PUT IT OUT THERE?
24 A WHEN I VACUUMED THE DOWNSTAIRS AND TAKE --
25 CARRIED THE VACUUM UP THE STAIRS TO VACUUM UPSTAIRS
26 LATER, I CHANGED THE BAG.
27 Q WAS THAT BEFORE DANIELLE WAS TAKEN?
28 A YES.
Page 541
1 Q HOW LONG WERE YOU KEPT OUT OF YOUR HOUSE
2 ONCE THE POLICE TOOK OVER THE HOUSE?
3 A A DAY.
4 Q AND WHEN -- WERE YOU TOLD ANYTHING AFTER
5 THE POLICE FINISHED THEIR SEARCHING ABOUT WHETHER OR
6 NOT YOU COULD GO BACK INTO THE HOUSE?
7 A YES.
8 Q WHAT DID THEY TELL YOU?
9 A THEY TOLD US WE COULD RETURN TO OUR HOME.
10 Q DID THEY TELL YOU WHAT TO DO OR NOT TO DO
11 ONCE YOU GOT BACK INSIDE?
12 A ACTUALLY, I ASKED THEM SPECIFICALLY WHAT
13 HAPPENED AS I WENT TO THE HOUSE. AND I WALKED IN --
14 MR. FELDMAN: EXCUSE ME. NO QUESTION PENDING.
15 OBJECTION.
16 THE COURT: SUSTAINED. THE ANSWER IS STRICKEN.
17 PLEASE ASK ANOTHER QUESTION.
18 BY MR. DUSEK:
19 Q WHEN YOU WALKED BACK TO THE HOUSE AND YOU
20 WENT INSIDE, WHAT DID YOU SEE?
21 A IT WAS ALL BLACK.
22 Q WHAT DO YOU MEAN BY THAT?
23 A THE TILE WAS BLACK, THE BANISTER WAS BLACK.
24 THERE WAS FINGERPRINTING DUST EVERYWHERE.
25 Q WERE THERE ANY HOLES IN THE WALL?
26 A NOT AT THE TIME.
27 Q EVENTUALLY WERE THERE?
28 A YES.
Page 542
1 Q WHY?
2 A THEY SPRAYED A CHEMICAL ON THE WALL TO LIFT
3 FINGERPRINTS AND THEY HAD TO TAKE THE DRYWALL OUT.
4 Q DID YOU LET THEM?
5 A YES.
6 Q WHY?
7 A BECAUSE I'D DO ANYTHING TO GET MY DAUGHTER
8 BACK.
9 Q WHEN YOU SAW THE CONDITION OF YOUR HOUSE,
10 ONCE YOU FIRST RETURNED THERE, WHAT DID YOU DO?
11 A I TOLD MY FRIENDS THAT I COULDN'T LET MY
12 BOYS COME INTO THAT BECAUSE IT WOULD BE -- IT WOULD
13 SCARE THEM.
14 Q SO WHAT DID YOU DO?
15 A THEY GOT -- THEY ASKED SOME NEIGHBORHOOD
16 MOMS TO CLEAN.
17 Q WHO ASKED?
18 A MY FRIEND.
19 Q YOUR FRIEND ASKED SOME NEIGHBORHOOD MOMS TO
20 HELP YOU CLEAN?
21 A YES. I DIDN'T CLEAN.
22 Q WHAT WAS YOUR CONDITION?
23 A I WAS DEVASTATED.
24 Q DO YOU KNOW WHETHER OR NOT THE NEIGHBORHOOD
25 MOM STARTED TO CLEAN?
26 A AFTER I ASKED FOR THEM TO CLEAN.
27 Q DID THE POLICE TELL YOU ANYTHING AT ALL
28 ABOUT WHETHER OR NOT YOU COULD CLEAN AT THAT TIME?
Page 543
1 A THEY ACTUALLY TOLD ME I COULD CLEAN THE
2 WHOLE HOUSE. AND I SPECIFICALLY ASKED THEM ABOUT
3 DANIELLE'S BEDROOM, AND THEY SAID TO CLEAN IT. AND
4 THEN I SPECIFICALLY SAID IT TWICE, AND I SAID IF I
5 CLEAN THAT BEDROOM AND YOU COME BACK TO ME AND ASK
6 ME FOR EVIDENCE, YOU ARE GOING TO BE ON MY POOP
7 LIST.
8 Q OKAY. WHAT DID THEY START CLEANING?
9 A DOWNSTAIRS.
10 Q DID THEY COMPLETE THE CLEANING JOB?
11 A DOWNSTAIRS.
12 Q DID THEY GO UPSTAIRS?
13 A NO. DAMON AND I DECIDED THAT WE DIDN'T
14 WANT THEM TO CLEAN THE ROOM. JUST IN CASE THERE WAS
15 ANYTHING ELSE THEY COULD GET OUT OF IT THAT WOULD
16 HELP FIND DANIELLE.
17 Q WAS ANYTHING DONE TO PROTECT THE ROOM?
18 A WE PUT A GATE IN FRONT OF THE DOOR AND A
19 "DO NOT ENTER" SIGN ON THE DOOR.
20 Q HAS ANYONE CLEANED THAT ROOM SINCE?
21 A NO.
22 Q ANYONE ALLOWED IN THAT ROOM?
23 A NO.
24 Q HAVE YOU GONE IN THERE?
25 A YES.
26 Q HAVE THE POLICE COME TO YOU AND YOUR
27 HUSBAND AND YOUR SONS SEEKING YOUR COOPERATION IN
28 PROVIDING EVIDENCE OR SAMPLES IN THIS CASE?
Page 544
1 A YES.
2 Q WHAT HAVE YOU PROVIDED?
3 A ANYTHING THEY ASKED FOR.
4 Q SUCH AS?
5 A WE WERE FINGERPRINTED, WE WERE DNA SWABBED.
6 Q WERE YOUR BOYS ALSO?
7 A YES.
8 AND THEY TOOK HAIR SAMPLES.
9 Q DO YOU HAVE A DOG?
10 A YES.
11 Q WHAT KIND OF DOG?
12 A WEIMARANER.
13 Q DOES THE DOG HAVE A NAME?
14 A LELA.
15 Q THE DOG BARK?
16 A NO.
17 Q WHY NOT?
18 A I REALLY DON'T KNOW EXACTLY WHY SHE DOESN'T
19 BARK, BUT I KNOW WHEN WE BOUGHT HER FROM THE
20 BREEDER, THE BREEDER HAD THE LARYNX REMOVED FROM HER
21 DOGS. AND LELA HAS NEVER REALLY BARKED.
22 Q THE TYPE OF DOG YOU HAVE, IS IT LONG HAIR
23 OR SHORT HAIR?
24 A SHORT HAIR.
25 Q HOW OLD?
26 A SHE TURNED A YEAR IN FEBRUARY.
27 Q WHERE DO YOU KEEP HER?
28 A IN THE HOUSE.
Page 545
1 Q SHE'S A HOUSE DOG?
2 A YES.
3 Q WHERE DOES SHE CUSTOMARILY SLEEP?
4 A IN MY ROOM NEXT TO MY SIDE OF THE BED.
5 Q HOW DO YOU KEEP HER IN THERE AT NIGHT?
6 A I CLOSE THE DOOR.
7 Q DID THE POLICE TAKE ANY ITEMS OF CLOTHING
8 FROM YOUR HOUSE?
9 A THEY TOOK CLOTHING FROM DANIELLE'S ROOM.
10 Q HOW ABOUT ANY BEDDING?
11 A THEY TOOK HER BEDDING.
12 Q ANY FURNITURE PIECES?
13 A YES.
14 Q DID YOU LET THEM TAKE EVERYTHING THEY
15 WANTED?
16 A YES.
17 Q HAVE YOU STOOD IN THE WAY OF ANYTHING THEY
18 HAVE ASKED YOU TO DO?
19 A NO.
20 Q HAS DAVID WESTERFIELD EVER BEEN IN YOUR
21 HOUSE, AS FAR AS YOU KNOW?
22 A NO.
23 Q HAS HE EVER BEEN INVITED IN YOUR HOUSE?
24 A NO.
25 Q HAS HE EVER BEEN INVITED IN YOUR GARAGE OR
26 ANY PART OF YOUR PROPERTY?
27 A NO.
28 Q WE'VE HEARD AT LEAST ALLEGATIONS OR PERHAPS
Page 546
1 EVEN SOME EVIDENCE ABOUT POSSIBLY BLOOD DROPS ALONG
2 THE STAIRWELL OR STAIRWAY GOING UPSTAIRS.
3 DID YOU SEE ANY OF THE POLICE OFFICERS OR
4 ANY OF THE LAB PEOPLE DOING THEIR WORK IN YOUR
5 HOUSE?
6 A YES.
7 Q HAD ANYONE BEEN BLOODY IN YOUR HOUSE WITHIN
8 A PERIOD OF TIME BEFORE DANIELLE WAS MISSING?
9 A JUST THE DOG.
10 Q WHAT HAPPENED TO THE DOG?
11 A SHE WAS RUNNING AROUND THE BACKYARD AND SHE
12 RAN INTO DAMON'S LEG AND BUSTED HER NOSE OPEN.
13 Q DID IT BLEED?
14 A IT BLED A LOT.
15 Q DID YOU SEE THE SPECKS THAT WERE ON THE
16 WALL THAT THE OFFICERS WERE COLLECTING?
17 A NO.
18 Q EITHER THEN OR AFTERWARDS?
19 A I DIDN'T.
20 Q ALL RIGHT. DO YOU KNOW HOW THEY WOULD HAVE
21 GOTTEN THERE, IF THEY'RE EVEN BLOOD?
22 A FROM THE DOG.
23 MR. FELDMAN: OBJECTION; SPECULATION, YOUR
24 HONOR, NO FOUNDATION.
25 THE COURT: SUSTAINED. AND THE ANSWER IS
26 STRICKEN.
27 BY MR. DUSEK:
28 Q DANIELLE WAS HOW OLD?
Page 547
1 A SEVEN.
2 Q HOW TIGHT OF A REIN DID YOU HAVE ON HER
3 REGARDING HER ABILITY TO WANDER AROUND THE
4 NEIGHBORHOOD AND GO VISIT PEOPLE?
5 A SHE WASN'T ALLOWED TO.
6 Q HOW ABOUT YOUR OTHER CHILDREN, WHAT KIND OF
7 RESTRICTIONS DID YOU HAVE ON ALL OF THEM?
8 A BEFORE THEY WENT ANYWHERE, THEY HAD TO ASK
9 ME. EVEN IF THEY SAW THE CHILDREN ACROSS THE STREET
10 OUT, THEY HAD TO COME IN AND ASK ME IF THEY COULD
11 CROSS THE STREET.
12 Q THEY WERE NOT ALLOWED TO CROSS THE STREET
13 ON THEIR OWN?
14 A NO.
15 Q WHY NOT?
16 A BECAUSE I NEEDED TO KNOW WHERE THEY WERE AT
17 ALL TIMES.
18 Q HOW LONG HAD THAT RULE BEEN IN EFFECT?
19 A SINCE THEY KNEW WHAT RULES WERE. I MEAN --
20 Q DID THEY COMPLY WITH THAT RULE?
21 A YES.
22 Q HOW DO YOU KNOW?
23 A BECAUSE I'VE NEVER FOUND THEM ANYWHERE THAT
24 THEY SHOULDN'T HAVE BEEN.
25 Q WOULD THEY COME AND ACTUALLY ASK YOU TO
26 CROSS THE STREET?
27 A YES.
28 Q WHEN THEY DID THAT, WHAT WOULD YOU DO?
Page 548
1 A I WOULD WALK OUT FRONT AND WATCH THEM
2 CROSS. I WOULD MAKE SURE THAT THE NEIGHBOR ACROSS
3 THE STREET KNEW THEY WERE THERE.
4 Q DANIELLE, CAN SHE WANDER BEYOND YOUR HOUSE
5 OR YOUR BLOCK, GO TO FRIENDS' HOUSES TYPE THING?
6 A YES, SHE IS ALLOWED, NOT WITHOUT ASKING
7 PERMISSION FIRST, SHE IS ALLOWED TO RIDE HER BIKE UP
8 THE HILL AND DOWN.
9 Q THE HILL IS WHICH STREET?
10 A MOUNTAIN PASS.
11 Q THE STREET YOU LIVE ON?
12 A YES.
13 Q AND WHEN SHE RIDES THAT, IS SHE ON THE
14 STREET OR THE SIDEWALK?
15 A SIDEWALK.
16 Q AND IS SHE ABLE TO WALK TO ANY FRIENDS THAT
17 LIVE ON YOUR BLOCK?
18 A SHE HAS WALKED TO THE CUL-DE-SAC.
19 Q AND DO YOU HAVE TO CROSS A STREET TO GET
20 THERE?
21 A YOU DO.
22 Q WHAT TYPE OF RESTRICTIONS DO YOU PLACE ON
23 HER BEING ABLE TO DO THAT?
24 A SHE HAS TO ASK PERMISSION FIRST, AND I HAVE
25 TO MAKE SURE THAT THE OTHER MOM KNOWS SHE'S COMING.
26 Q SO SHE'S GOING TO A KNOWN DESTINATION?
27 A YES.
28 Q DID SHE LIVE WITH THAT RULE, COMPLY WITH
Page 549
1 IT?
2 A YES.
3 Q IS THERE ANY PARK DOWN AT ONE END OF YOUR
4 STREET?
5 A YES.
6 Q TO GET TO THE PARK, YOU HAVE TO CROSS A
7 STREET?
8 A YES.
9 Q AND THEN DO YOU HAVE TO GO BY
10 MR. WESTERFIELD'S HOUSE?
11 A YES.
12 Q WAS SHE PERMITTED TO GO DOWN THERE?
13 A SHE WAS DOWN THERE MAYBE TWO TIMES WITHOUT
14 ME, BUT I WAS IN THE DRIVEWAY WATCHING.
15 Q WOULD SHE ASK PERMISSION TO GO DOWN THERE?
16 A YES.
17 Q HOW FAR AWAY IS THIS PARK, WOULD YOU SAY?
18 WITHIN EYESIGHT OR --
19 A WITHIN EYESIGHT.
20 Q I FORGOT TO SHOW YOU SOMETHING EARLIER.
21 I'VE HAD MARKED AS PEOPLE'S EXHIBIT 6 THIS
22 THREE-PAGE DOCUMENT, LOOKS LIKE A GIRL SCOUT COOKIE
23 FORM. COUNSEL HAS A COPY AND I'VE SHOWN HIM.
24 LET ME ASK YOU TO LOOK AT EXHIBIT 6,
25 MRS. VAN DAM. IT APPEARS TO BE A XEROX COPY. BUT
26 DO YOU RECOGNIZE WHAT IT IS?
27 A YES.
28 Q WHAT IS IT?
Page 550
1 A IT'S A GIRL SCOUT COOKIE ORDER FORM.
2 Q THERE APPEAR TO BE THREE PAGES; IS THAT
3 CORRECT?
4 A YES.
5 Q IS THAT THE FORM THAT YOU AND DANIELLE WERE
6 FILLING OUT?
7 A YES.
8 Q WHEN YOU WENT TO MR. WESTERFIELD'S HOUSE?
9 A YES.
10 Q DOES IT SHOW THE PEOPLE THAT AGREED TO BUY
11 SOME OF THE COOKIES?
12 A YES.
13 Q HAD MR. WESTERFIELD AGREED TO BUY ANY
14 COOKIES?
15 A YES.
16 Q HOW MANY AND WHAT TYPE?
17 A HE AGREED TO BUY FOUR BOXES OF COOKIES; TWO
18 WERE SAMOAS, ONE WAS ALOHA CHIPS, AND THEN HE
19 DONATED ONE BOX TO THE OPERATION THIN MINT.
20 Q WHAT'S THAT MEAN?
21 A IT MEANS THAT THIS YEAR THE GIRL SCOUT
22 COUNCIL DECIDED TO TRY AND GET 5,000 BOXES OF
23 COOKIES DONATED TO THE MEN AND WOMEN OVERSEAS, AND
24 THEY WERE GOING TO SHIP THIN MINTS ONLY TO THEM.
25 Q WHEN DANIELLE SLEEPS, WHAT DOES SHE WEAR?
26 A HER PAJAMAS.
27 Q DESCRIBE THOSE FOR US.
28 A THEY WERE BLUE, LIGHT-BABY-BLUE. THE PANTS
Page 551
1 ONLY WENT DOWN TO HER MID-CALF. THEY HAD FLOWERS ON
2 THE BOTTOM, CASCADING LIGHTLY UP. AND THE TOP WAS
3 KIND OF LIKE A TANKTOP. AND IT ALSO HAD FLOWERS ON
4 THE BOTTOM AND IT HAD SOME BUTTERFLIES CASCADING UP.
5 Q DID SHE SLEEP WITH ANYTHING ON HER FEET?
6 A NO.
7 Q SLIPPERS OR SOCKS?
8 A NO.
9 Q SO THE SKIN WOULD BE EXPOSED WHEN SHE'S
10 SLEEPING ON HER FEET?
11 A YES.
12 Q HOW LONG IS HER HAIR?
13 A WE HAD JUST HAD IT CUT. IT WAS SHOULDER
14 LENGTH.
15 Q HEIGHT AND WEIGHT, IF YOU CAN TELL US?
16 A SHE WAS ABOUT 60 POUNDS.
17 Q HOW TALL?
18 A FOUR FEET.
19 Q DID SHE HAVE ANY CUTS, SCRAPES, SCABS,
20 ANYTHING THAT WAS BLEEDING OR HAD BLED AT THE TIME
21 THAT SHE WAS MISSING?
22 A NO.
23 Q HOW ABOUT BEFORE THAT, DO YOU RECALL ANY
24 CUTS, SCABS, BLOOD, ANYTHING WHERE SHE'D BEEN HURT?
25 A NO.
26 Q THANK YOU, MA'AM.
27 THE COURT: IT'S TIME FOR A RECESS. BE BACK AT
28 QUARTER TO 11:00.
Page 552
1 PLEASE REMEMBER YOU'RE ADMONISHED NOT TO
2 DISCUSS YOUR TESTIMONY WITH ANYONE. YOU CAN
3 CERTAINLY TALK TO THE DISTRICT ATTORNEY.
4 (RECESS.)
5 THE COURT: ALL RIGHT. YOU'RE STILL UNDER OATH.
6 YOU KNOW THAT.
7 THE WITNESS: YES.
8
9 CROSS-EXAMINATION
10 BY MR. FELDMAN:
11 Q GOOD MORNING, MA'AM.
12 A GOOD MORNING.
13 Q BEFORE YOU CAME TO COURT TODAY, HAVE YOU
14 HAD OCCASION TO DISCUSS THE SUBJECT MATTER OF YOUR
15 TESTIMONY WITH ANYONE?
16 A DISCUSSING IT?
17 Q YES.
18 A NO.
19 Q WELL, YOU'VE ACTUALLY MET WITH
20 REPRESENTATIVES OF THE DISTRICT ATTORNEY'S OFFICE;
21 ISN'T THAT CORRECT, PRIOR TO TODAY?
22 A YES.
23 Q AND THEY HAVE DISCUSSED WITH YOU, THESE
24 REPRESENTATIVES HAVE DISCUSSED WITH YOU SPECIFIC
25 ISSUES THAT WOULD BE RAISED WITH YOU IN THE
26 COURTROOM; ISN'T THAT CORRECT?
27 A I DON'T -- I DON'T -- I HAD NO IDEA WHAT
28 WAS GOING TO BE BROUGHT UP TODAY.
Page 553
1 Q DID YOU EVER HAVE CONVERSATIONS WITH
2 REPRESENTATIVES OF LAW ENFORCEMENT IN CONNECTION
3 WITH YOUR TESTIMONY WITH YOUR HUSBAND PRESENT?
4 A I'M NOT UNDERSTANDING THAT.
5 Q OKAY. WHAT I'M ASKING YOU IS WHETHER
6 YOU'VE TALKED ABOUT THE CASE WITH MR. DUSEK,
7 MR. CLARKE, AND YOUR HUSBAND PRESENT, ALL AT THE
8 SAME TIME?
9 A YES.
10 Q APPROXIMATELY HOW MANY TIMES, MA'AM?
11 A TWICE.
12 Q WHEN?
13 A I DON'T RECALL.
14 Q WELL, WAS IT WITHIN THE PAST WEEK?
15 A YES.
16 Q YOU JUST TOLD ME, I THINK, THAT IT WAS AT
17 LEAST TWO OCCASIONS THAT YOU HAD THESE DISCUSSIONS,
18 ONE OF THEM NOW WE HAVE AGREED IT'S IN THE PAST WEEK
19 OR SO, DID BOTH OF THE CONVERSATIONS OCCUR WITHIN
20 THE PAST WEEK?
21 A I DON'T RECALL.
22 Q DOES THAT MEAN THAT THEY COULD HAVE
23 OCCURRED WITHIN THE PAST WEEK, YOU'RE NOT SURE
24 WHETHER OR NOT?
25 A I JUST DON'T RECALL.
26 Q I UNDERSTAND THIS IS VERY STRESSFUL. BOTH
27 WAYS. OKAY. I'M TRYING TO BE AS PROFESSIONAL AS I
28 CAN WITH YOU. PLEASE, IF THERE'S ANYTHING I SAY,
Page 554
1 LET ME KNOW IF YOU DON'T UNDERSTAND. IF YOU WANT A
2 BREAK, PLEASE LET US KNOW, WE'LL STOP. WHATEVER YOU
3 WANT. OKAY?
4 A OKAY.
5 Q WITH REGARD TO YOUR TESTIMONY, MA'AM, DID
6 YOU HIRE A P.R. FIRM TO ASSIST YOU IN PREPARING FOR
7 THIS MOMENT?
8 MR. DUSEK: OBJECTION; VAGUE AS TO WHAT "THIS
9 MOMENT" IS, IRRELEVANT.
10 THE COURT: OVERRULED.
11 THE WITNESS: DO I ANSWER THAT?
12 THE COURT: YES, PLEASE.
13 THE WITNESS: WE DID NOT HIRE SOMEONE TO PREPARE
14 ME FOR THIS MOMENT, NO.
15 BY MR. FELDMAN:
16 Q DID YOU HIRE A P.R. FIRM?
17 MR. DUSEK: IRRELEVANT ON THAT BASIS.
18 THE COURT: SUSTAINED.
19 NEXT QUESTION.
20 BY MR. FELDMAN:
21 Q WITH REGARD TO YOUR DEALINGS WITH THE
22 MEDIA, HAVE YOU HIRED A P.R. FIRM?
23 MR. DUSEK: IRRELEVANT.
24 THE COURT: SUSTAINED.
25 BY MR. FELDMAN:
26 Q HOW MANY DIFFERENT TIMES WOULD YOU ESTIMATE
27 YOU'VE SPOKEN ABOUT WHAT YOU'VE TESTIFIED TODAY
28 BEFORE TODAY?
Page 555
1 A I DON'T KNOW.
2 MR. DUSEK: OBJECTION; VAGUE.
3 THE COURT: IT'S OVERRULED. SHE SAID SHE DIDN'T
4 KNOW.
5 NEXT QUESTION, COUNSEL.
6 BY MR. FELDMAN:
7 Q IN FEBRUARY OF THE YEAR 2001, HOW WAS YOUR
8 RELATIONSHIP WITH YOUR HUSBAND?
9 MR. DUSEK: OBJECTION; IRRELEVANT, 352.
10 MR. FELDMAN: FOUNDATION.
11 MR. DUSEK: YEAR AGO.
12 THE COURT: SUSTAINED.
13 NEXT QUESTION.
14 MR. FELDMAN: YOUR HONOR, THEY ASKED ABOUT THE
15 MARRIAGE.
16 THE COURT: SUSTAINED.
17 NEXT QUESTION.
18 BY MR. FELDMAN:
19 Q ^ DID YOU AND YOUR HUSBAND HAVE A
20 DISCUSSION CONCERNING WHETHER OR NOT HE SHOULD OR
21 YOU SHOULD HAVE A DIVORCE WITHIN THE PAST 12 MONTHS?
22 MR. DUSEK: OBJECTION; IRRELEVANT, 352.
23 THE COURT: SUSTAINED.
24 BY MR. FELDMAN:
25 Q WITH REGARD TO YOUR RELATIONSHIP WITH
26 BARBARA EASTON, HOW DID YOU MEET MISS EASTON?
27 MR. DUSEK: OBJECTION.
28 THE COURT: OVERRULED.
Page 556
1 THE WITNESS: I MET MISS EASTON THROUGH DENISE.
2 BY MR. FELDMAN:
3 Q DENISE KEMAL; IS THAT CORRECT?
4 A DENISE KEMAL.
5 Q AND ARE MISS EASTON AND DENISE YOUR CLOSE
6 FRIENDS?
7 A DENISE IS MY CLOSE FRIEND.
8 Q WOULDN'T YOU SAY THAT BARBARA, TOO, IS A
9 CLOSE FRIEND?
10 A I DON'T KNOW HER THAT WELL.
11 Q WELL, WOULD YOU CHARACTERIZE HER AS AN
12 INTIMATE FRIEND?
13 MR. DUSEK: OBJECTION; IRRELEVANT.
14 THE COURT: OVERRULED.
15 MR. DUSEK: VAGUE.
16 THE COURT: OVERRULED.
17 YOU MAY ANSWER.
18 THE WITNESS: CAN YOU REPEAT YOUR QUESTION.
19 BY MR. FELDMAN:
20 Q WOULD YOU CHARACTERIZE BARBARA EASTON AS AN
21 INTIMATE FRIEND OF YOURS?
22 A WHAT DO YOU MEAN BY "INTIMATE"?
23 Q VERY CLOSE.
24 A NO.
25 Q SEXUALLY VERY CLOSE?
26 MR. DUSEK: OBJECTION; IRRELEVANT, 352.
27 THE COURT: SUSTAINED.
28 /////
Page 557
1 BY MR. FELDMAN:
2 Q DIRECTING YOUR ATTENTION TO THE 25TH OF
3 JANUARY THIS YEAR, YOU TOLD MR. DUSEK ON DIRECT
4 EXAMINATION YOU WENT TO DAD'S BAR.
5 DO YOU RECALL THAT?
6 A CAN YOU REPEAT THE QUESTION?
7 Q DIRECTING YOUR ATTENTION TO JANUARY 25TH OF
8 THIS YEAR, YOU TOLD MR. DUSEK ON DIRECT EXAMINATION
9 THAT YOU WENT TO DAD'S BAR.
10 DO YOU RECALL THAT?
11 A YES.
12 Q YOU WENT TO DAD'S BAR WITH BARBARA EASTON,
13 DID YOU NOT?
14 A AND DENISE, YES.
15 Q AND THE THREE OF YOU WERE DRINKING AT DAD'S
16 BAR; ISN'T THAT CORRECT?
17 A YES.
18 Q HOW MANY DRINKS DID YOU HAVE THAT EVENING?
19 A I DON'T RECALL.
20 Q WAS IT MORE THAN SIX?
21 A NO.
22 Q WAS IT MORE THAN FOUR?
23 A I COULDN'T GIVE YOU AN EXACT ANSWER.
24 Q WELL, YOU TOLD ME YOU THOUGHT IT WAS LESS
25 THAN SIX.
26 A SO IT'S LESS THAN SIX.
27 Q LESS THAN SIX BUT MAYBE MORE THAN FOUR, IS
28 THAT A FAIR STATEMENT?
Page 558
1 A NO, I WOULDN'T SAY YES OR NO TO THAT. I
2 DON'T REMEMBER.
3 Q IS THAT BECAUSE YOU HAD SO MUCH TO DRINK IT
4 ADVERSELY AFFECTED YOUR MEMORY THERE?
5 A NO, IT'S BECAUSE I'VE BEEN THROUGH A
6 REALLY, REALLY TERRIBLE THING AND A LOT OF THINGS I
7 DON'T REMEMBER AT THIS POINT.
8 Q ON THE 25TH, MA'AM, DID YOU SMOKE
9 MARIJUANA?
10 A I DON'T RECALL.
11 Q DO YOU RECALL LAW ENFORCEMENT SPEAKING TO
12 YOU ON AT LEAST SIX OR SEVEN DIFFERENT OCCASIONS IN
13 A FORMAL MANNER AFTER YOUR DAUGHTER WAS LOST?
14 A I DON'T KNOW THE EXACT NUMBER, BUT YES, WE
15 DID.
16 Q AND DO YOU RECALL LAW ENFORCEMENT
17 SPECIFICALLY ASKED YOU QUESTIONS ABOUT WHAT HAPPENED
18 TO YOU ON JANUARY THE 25TH?
19 A YES.
20 Q AND DO YOU RECALL SPECIFICALLY TELLING LAW
21 ENFORCEMENT THAT ON JANUARY THE 25TH YOU AND BARBARA
22 WERE DANCING PROVOCATIVELY AT DAD'S TOGETHER?
23 A WE WERE DANCING.
24 Q DO YOU RECALL TELLING LAW ENFORCEMENT THAT
25 BARBARA WAS TOUCHING YOUR BREASTS WHILE YOU WERE
26 DANCING AT DAD'S?
27 A SHE DID NOT TOUCH ME. SHE -- I DON'T KNOW
28 HOW TO EXPLAIN IT. SHE DIDN'T PHYSICALLY TOUCH ME.
Page 559
1 Q YOU JUST USED YOUR HANDS AND MADE A
2 GESTURE.
3 A SHE WAS MAYBE DANCING WITH HER HANDS LIKE
4 THIS BUT SHE DIDN'T TOUCH ME.
5 Q SO IT'S FAIR TO --
6 THE COURT: YOU WANT TO DESCRIBE FOR THE RECORD
7 WHAT SHE DID?
8 BY MR. FELDMAN:
9 Q I CAN DESCRIBE IT. OR COULD YOU PLEASE
10 DESCRIBE WHAT YOU JUST DID WITH YOUR HANDS?
11 A I DON'T KNOW HOW TO DESCRIBE IT.
12 THE COURT: WHY DON'T YOU DO IT AGAIN AND WE'LL
13 TRY TO DO IT. SHOW US ONCE AGAIN.
14 THE WITNESS: WE WERE DANCING AND SHE WAS JUST
15 DOING HAND MOTIONS.
16 THE COURT: ALL RIGHT.
17 MR. FELDMAN: IT DOES APPEAR FOR THE RECORD, THE
18 WITNESS USED BOTH HER HANDS, HER FINGERS APPEARED
19 SPREAD OUT, AND SHE WAS MOVING THEM IN A COUNTER
20 CIRCULAR OR SEMI-CIRCULAR MOTION.
21 THE WITNESS: WE WERE DANCING.
22 THE COURT: THAT SEEMS TO BE APPROPRIATE.
23 MR. FELDMAN: THANK YOU.
24 THE COURT: NEXT QUESTION.
25 I DIDN'T SAY THERE WAS ANYTHING WRONG. I'M
26 JUST TRYING TO GET THE DESCRIPTION ON THE RECORD.
27 NEXT QUESTION.
28 /////
Page 560
1 BY MR. FELDMAN:
2 Q IT'S CORRECT, IS IT NOT, THAT THE FIRST
3 TIME YOU MET BARBARA EASTON WAS AT DAD'S BAR?
4 A YES, I MET BARBARA AT DAD'S CAFE.
5 Q YOU'RE CALLING IT A CAFE TODAY. DO YOU
6 RECALL TELLING LAW ENFORCEMENT INVESTIGATOR NAMED
7 HOWARD LABORE THAT IT WAS DAD'S BAR?
8 A I MIGHT HAVE. I'M NOT SURE.
9 Q AND DID YOU TELL HOWARD LABORE, THE
10 INVESTIGATOR -- WELL, DO YOU RECALL THAT THERE WAS
11 AN INVESTIGATOR WITH WHOM YOU SPOKE NAMED HOWARD
12 LABORE?
13 A YES, THERE WAS.
14 Q HE WAS A POLICE OFFICER; IS THAT CORRECT,
15 MA'AM?
16 A YES, HE WAS.
17 Q AND DO YOU RECALL TELLING HIM, HIM TELLING
18 YOU THAT IT WAS VERY, VERY IMPORTANT THAT YOU TOLD
19 HIM ALL DETAIL, THAT YOU PROVIDED TO HIM EVERY PIECE
20 OF INFORMATION YOU POSSIBLY COULD CONCERNING YOUR
21 RELATIONSHIPS WITH PEOPLE, AND YOUR DAUGHTER?
22 A YES, I DO.
23 Q AND YOU TOLD HOWARD LABORE THAT YOU WERE
24 WITH DENISE KEMAL WHEN YOU FIRST MET BARBARA ABOUT
25 SIX OR EIGHT MONTHS AGO; ISN'T THAT CORRECT?
26 A YES.
27 Q IT'S CORRECT THAT YOU WERE IN THE BAR WITH
28 DENISE DRINKING; CORRECT?
Page 561
1 A THAT'S NOT WHERE WE WENT FIRST. WE HAD A
2 NIGHT PLANNED AND THAT JUST KIND OF CAME INTO THE
3 PICTURE.
4 Q WHERE DID YOU GO FIRST?
5 A FIRST WE WENT TO DINNER AT FILIPPI'S.
6 Q DID YOU HAVE ANYTHING TO DRINK AT
7 FILIPPI'S?
8 A NO.
9 Q NO BEER?
10 A NO. AND THEN WE WENT TO CERAMIC CAFE.
11 Q I'M SORRY?
12 A CERAMIC CAFE.
13 Q WHERE IS THAT?
14 A YOU GO PAINT POTTERY.
15 Q THEN WHERE?
16 A AND THEN WE DECIDED THERE THAT WE WOULD GO
17 HAVE A DRINK. AND WE ENDED -- ENDED UP AT DAD'S
18 BECAUSE IT WAS CLOSE BY.
19 Q ALL RIGHT. AND IT WAS AT DAD'S ON THAT
20 PARTICULAR DATE WHERE YOU WERE, IN FACT, DRINKING
21 WITH BARBARA; ISN'T THAT CORRECT?
22 A YES, I HAD A DRINK WITH BARBARA.
23 Q AND BARBARA BEGAN TO TALK TO YOU ABOUT
24 HEDONISM; IS THAT CORRECT?
25 MR. DUSEK: OBJECTION; IRRELEVANT.
26 THE COURT: SUSTAINED.
27 BY MR. FELDMAN:
28 Q ISN'T IT TRUE THAT YOU AND DENISE THEN
Page 562
1 ENGAGED BARBARA IN A DISCUSSION CONCERNING
2 LIFE-STYLES?
3 MR. DUSEK: OBJECTION; 352.
4 THE COURT: COUNSEL, WHEN WAS THIS SUPPOSED TO
5 HAVE HAPPENED?
6 MR. FELDMAN: EIGHT TO NINE MONTHS. IT'S THE
7 TIME THEY MET BARBARA.
8 THE COURT: SUSTAINED.
9 HOW IS THIS GOING TO HELP ME DECIDE WHETHER
10 OR NOT THERE'S SUFFICIENT CAUSE IN THIS CASE?
11 LET'S PROCEED.
12 OBVIOUSLY, MY RULINGS HAVE NOTHING TO DO
13 WITH THE TRIAL. IF THERE IS A TRIAL.
14 MR. FELDMAN: YES, YOUR HONOR.
15 BY MR. FELDMAN:
16 Q ON THE 25TH -- STRIKE THAT.
17 WITH REGARD TO YOUR HOUSE -- LET ME JUMP
18 AROUND A LITTLE BIT.
19 I THINK YOU TOLD MR. DUSEK THAT THERE HAD
20 BEEN SOME KIND OF MODIFICATION MADE BY -- TO THE
21 LOCK ON THE DOOR IN YOUR GARAGE.
22 IS THAT CORRECT?
23 A YES.
24 Q COULD YOU PLEASE DESCRIBE THAT
25 MODIFICATION.
26 A THE DOOR HANDLE WAS TRANSPOSED.
27 Q WHAT WAS THE REASON FOR THAT?
28 A SO THAT OUR CHILDREN COULD NOT WALK INTO
Page 563
1 THE GARAGE.
2 Q AND WHY DIDN'T YOU WANT YOUR CHILDREN TO
3 WALK INTO THE GARAGE?
4 A BECAUSE IF WE DID SMOKE OUT THERE, WE
5 DIDN'T WANT THEM TO COME INTO THE GARAGE AND SMELL
6 IT.
7 Q WHEN YOU SAY "SMOKE," YOU DON'T MEAN
8 CIGARETTES, YOU MEAN MARIJUANA, DON'T YOU?
9 A YES.
10 Q HOW OFTEN WOULD YOU SMOKE MARIJUANA BETWEEN
11 WE'LL SAY THE 25TH OF JANUARY AND THE 1ST OF
12 FEBRUARY THIS YEAR?
13 A YOU'RE TALKING ABOUT 25TH OF JANUARY --
14 OKAY. ONCE.
15 Q WHEN WAS THAT?
16 A I WOULD SAY APPROXIMATELY ONE TIME AND IT
17 WAS FRIDAY, FEBRUARY 1ST.
18 Q THAT WAS THE DAY YOU SMOKED THE JOINT THAT
19 YOU WERE REFERENCING ON DIRECT EXAMINATION; IS THAT
20 CORRECT?
21 A YES.
22 Q NOW, YOU HAVE EXPERIENCE SMOKING MARIJUANA;
23 IS THAT CORRECT?
24 MR. DUSEK: OBJECTION; IRRELEVANT.
25 MR. FELDMAN: FOUNDATION TO QUALITY.
26 THE COURT: I UNDERSTAND ALSO IT HAS TO GO TO --
27 THAT IT ALSO GOES TO HER CAPABILITIES ON THAT.
28 OVERRULED.
Page 564
1 MR. FELDMAN: THANK YOU.
2 THE WITNESS: REPEAT THE QUESTION.
3 BY MR. FELDMAN:
4 Q YOU HAVE EXPERIENCE SMOKING MARIJUANA IN
5 THE PAST; ISN'T THAT CORRECT, MA'AM?
6 A WHAT DO YOU MEAN BY "EXPERIENCE"?
7 Q HOW MANY TIMES HAVE YOU USED MARIJUANA?
8 A NOT MANY.
9 Q WHEN YOU SAY "NOT MANY," IS THAT MORE THAN
10 TEN?
11 A MAYBE -- YOU KNOW, I DID NOT EXPERIENCE IT
12 UNTIL -- I DON'T KNOW HOW TO.
13 THE COURT: THE QUESTION IS: CAN YOU ESTIMATE
14 FOR US HOW MANY TIMES YOU'VE SMOKED MARIJUANA? IF
15 YOU CAN.
16 THE WITNESS: ONE MOMENT, PLEASE.
17 I HAVE TO GUESS AT A NUMBER. IS THAT OKAY?
18 THE COURT: WE CALL IT ESTIMATE.
19 THE WITNESS: ESTIMATE. OKAY.
20 MAYBE 30 TIMES.
21 BY MR. FELDMAN:
22 Q ALL RIGHT. AS A RESULT OF YOU UTILIZING
23 MARIJUANA ON 30 DIFFERENT OCCASIONS, YOU'VE HAD THE
24 OPPORTUNITY TO DISCERN BETWEEN QUALITY; RIGHT? IN
25 OTHER WORDS, YOU CAN TELL WHAT'S GOOD VERSUS WHAT'S
26 NOT SO GOOD; IS THAT RIGHT, BASED ON HOW IT AFFECTS
27 YOU?
28 A ACTUALLY, I COULDN'T TELL YOU.
Page 565
1 Q CAN YOU --
2 A I COULDN'T ANSWER THAT QUESTION.
3 Q CAN YOU TELL ME WHETHER OR NOT THE
4 MARIJUANA YOU SMOKED ON FEBRUARY 1ST WAS GOOD
5 MARIJUANA OR BAD MARIJUANA?
6 A NO. I DON'T KNOW.
7 Q CAN YOU TELL ME WHETHER IT GOT YOU HIGH?
8 A YES, IT DID.
9 Q ON THREE SEPARATE OCCASIONS THAT EVENING;
10 CORRECT?
11 A TWO.
12 Q YOU TOLD US, I THINK --
13 A SEPARATE --
14 Q I DON'T WANT TO INTERRUPT YOU.
15 A THAT'S OKAY. GO AHEAD.
16 Q YOU TOLD US THAT ON THE 1ST BEFORE YOU WENT
17 TO DAD'S YOU HAD SMOKED MARIJUANA IN THE GARAGE;
18 RIGHT?
19 A YES.
20 Q AND THEN IT'S CORRECT, ISN'T IT, THAT AT
21 SOME POINT AT DAD'S YOU MET RICH BRADY AND SMOKED
22 MARIJUANA; IS THAT CORRECT?
23 A I DIDN'T MEET RICH BRADY. HE WAS ALREADY
24 THERE. AND I SMOKED WITH DENISE AND BARBARA.
25 Q AND WASN'T -- YOU SAID, I THINK YOU TOLD US
26 ON DIRECT THAT THERE WAS A COUPLE OF OTHER MEN
27 PRESENT AT THE TIME.
28 A THEY WALKED OUT TO THE TRUCK WITH US.
Page 566
1 Q "THEY." CAN YOU PLEASE TELL ME WHO "THEY"
2 ARE?
3 A RICH AND KEITH.
4 Q AND RICH IS YOUR SOURCE FOR MARIJUANA,
5 ISN'T HE?
6 MR. DUSEK: OBJECTION; IRRELEVANT.
7 THE COURT: SUSTAINED.
8 BY MR. FELDMAN:
9 Q RICH PROVIDED YOU MARIJUANA?
10 MR. DUSEK: SAME OBJECTION, YOUR HONOR.
11 THE COURT: WAIT A MINUTE.
12 ARE YOU SAYING THAT EVENING?
13 MR. FELDMAN: YES. THE EVENING OF THE 1ST.
14 THE COURT: OVERRULED.
15 BY MR. FELDMAN:
16 Q RICH PROVIDED YOU WITH MARIJUANA THAT
17 EVENING; ISN'T THAT CORRECT?
18 A YES.
19 Q AND WHEN WAS IT THAT YOU MET WITH RICH THAT
20 PUT YOU IN A POSITION WHERE YOU COULD GET MARIJUANA
21 FROM HIM ON THE EVENING OF FEBRUARY THE 1ST?
22 MR. DUSEK: IRRELEVANT, 352.
23 THE COURT: OVERRULED.
24 THE WITNESS: I DIDN'T GET IT ON THE 1ST.
25 BY MR. FELDMAN:
26 Q WHEN DID YOU GET IT?
27 A I DON'T RECALL.
28 Q WAS IT --
Page 567
1 THE COURT: COUNSEL, IF SHE DIDN'T GET IT ON THE
2 FIRST --
3 MR. FELDMAN: THE 25TH IS THE ONLY PLACE I WAS
4 HEADING.
5 THE COURT: THEN ASK HER THAT.
6 MR. FELDMAN: I'M LIMITING IT. JUST SO YOUR
7 HONOR KNOWS.
8 THE COURT: I KNOW.
9 BY MR. FELDMAN:
10 Q HOW ABOUT CAN YOU TELL US WHETHER OR NOT
11 YOU OBTAINED MARIJUANA FROM RICH BETWEEN 25 JANUARY
12 AND 1 FEBRUARY?
13 THE COURT: THE QUESTION THAT I'M INTERESTED IN
14 IS: DID SHE OBTAIN IT FROM HIM ON 25 JANUARY?
15 MR. FELDMAN: YES.
16 THE WITNESS: NO.
17 THE COURT: NEXT QUESTION.
18 BY MR. FELDMAN:
19 Q HOW ABOUT THE 26TH?
20 A I DON'T RECALL.
21 Q WAS -- I'M ASKING YOU --
22 A I DON'T RECALL WHEN I GOT IT.
23 Q OKAY. BEFORE ON THE 1ST OF FEBRUARY WHEN
24 YOU WENT TO THE BAR -- I'M SORRY, BEFORE YOU WENT TO
25 THE BAR, YOU TOLD US BARBARA AND DENISE SHOWED UP AT
26 YOUR HOUSE; CORRECT?
27 A ON THE 1ST?
28 Q YES.
Page 568
1 A YES.
2 Q IT'S CORRECT THAT BOTH BARBARA AND DENISE
3 APPEARED TO BE UNDER THE INFLUENCE OF SOME SUBSTANCE
4 WHEN THEY ARRIVED AT YOUR HOUSE; ISN'T THAT RIGHT?
5 A NOT THAT I KNOW.
6 Q DIDN'T YOU TELL LAW ENFORCEMENT THAT THEY
7 HAD CONSUMED AT LEAST ONE BOTTLE OF WINE BEFORE THEY
8 GOT TO YOU THAT EVENING?
9 MR. DUSEK: OBJECTION; CALLS FOR SPECULATION.
10 THE COURT: THE QUESTION IS WHETHER OR NOT SHE
11 TOLD LAW ENFORCEMENT. THAT'S THE ONLY QUESTION.
12 MR. DUSEK: BASED ON WHAT SHE SAID, IT WOULD
13 CALL FOR SPECULATION UNLESS SHE SAW IT.
14 THE COURT: OVERRULED.
15 THE WITNESS: I DON'T RECALL TELLING THEM THAT.
16 BY MR. FELDMAN:
17 Q DO YOU RECALL WHETHER OR NOT IT APPEARED TO
18 YOU AS THOUGH DENISE AND BARBARA HAD BEEN DRINKING
19 PRIOR TO THEIR ARRIVAL AT YOUR HOUSE?
20 A IT DIDN'T APPEAR THAT TO ME.
21 Q HOW MUCH TIME ELAPSED BETWEEN THE TIME THEY
22 ARRIVED AT YOUR HOUSE AND THE TIME YOU WENT INTO THE
23 GARAGE AND SMOKED A JOINT BEFORE YOU WENT TO DAD'S?
24 A APPROXIMATELY FIVE TO TEN MINUTES.
25 Q AND DAMON ALSO SMOKED THE MARIJUANA WITH
26 YOU; IS THAT CORRECT?
27 A YES.
28 Q SO IT WAS JUST THE FOUR OF YOU IN THE
Page 569
1 GARAGE; IS THAT CORRECT?
2 A YES.
3 Q SMOKING MARIJUANA?
4 A YES.
5 Q WAS ANYBODY DRINKING ANYTHING OF AN
6 ALCOHOLIC NATURE AT THE SAME TIME?
7 A DENISE AND BARBARA SHARED A BEER.
8 Q HOW ABOUT DAMON, WAS HE DRINKING ANYTHING?
9 A NOT THAT I KNOW OF.
10 Q HOW LONG DID YOU STAY IN THE GARAGE SMOKING
11 AND DRINKING, APPARENTLY?
12 A DAMON DID NOT STAY IN THE GARAGE. DENISE
13 AND BARBARA AND I WERE IN THERE APPROXIMATELY 15
14 MINUTES.
15 Q I'M SORRY. YOU JUST SAID DAMON DIDN'T STAY
16 IN THERE?
17 A HE DIDN'T STAY IN THE GARAGE.
18 Q DO YOU MEAN TO COMMUNICATE HE CAME INTO THE
19 GARAGE, HAD SOME MARIJUANA, AND THEN LEFT?
20 A YES.
21 Q AND DO YOU RECALL HOW MUCH MARIJUANA HE
22 HAD?
23 A MAYBE ONE OR TWO PUFFS.
24 Q HOW MUCH MARIJUANA DID YOU HAVE?
25 A MAYBE THREE OR FOUR PUFFS.
26 Q HOW MUCH MARIJUANA DID DENISE AND BARBARA
27 HAVE, IF YOU RECALL?
28 A PROBABLY THE SAME.
Page 570
1 Q HOW BIG WAS THE JOINT BY THE TIME YOU GOT
2 DONE USING IT IN THE GARAGE?
3 A APPROXIMATELY HALF.
4 Q AND YOU TRANSPORTED THAT, DID YOU NOT, TO
5 DAD'S BAR FOR LATER USE THAT EVENING?
6 A I DON'T KNOW WHO CARRIED IT.
7 Q DID YOU?
8 A NO.
9 Q WHEN YOU GOT TO DAD'S BAR -- STRIKE THAT.
10 HOW MUCH TIME ELAPSED BETWEEN THE TIME YOU
11 FINISHED SMOKING MARIJUANA AND THE TIME YOU ARRIVED
12 AT DAD'S BAR ON FEBRUARY 1?
13 A APPROXIMATELY 30 TO 45 MINUTES.
14 Q DID YOU HAVE ANYTHING OF AN ALCOHOLIC
15 NATURE TO DRINK BEFORE YOU WENT TO DAD'S AND AFTER
16 YOU SMOKED MARIJUANA?
17 A NO.
18 Q AND THEN IT WAS DECIDED, WAS IT, THAT YOU
19 WOULD BE THE DESIGNATED DRIVER FOR THAT EVENING; IS
20 THAT CORRECT?
21 A I USUALLY AM.
22 Q ON THAT PARTICULAR DAY, FEBRUARY 1, WAS A
23 DECISION MADE THAT YOU WOULD BE THE DESIGNATED
24 DRIVER?
25 A I DROVE MY CAR, YES.
26 Q AND WAS IT YOUR INTENT TO RETAIN YOUR
27 SOBRIETY SO THAT YOU COULD DRIVE BACK?
28 A YES.
Page 571
1 Q NOW, WHEN YOU GOT TO DAD'S, WAS IT ABOUT
2 WHAT TIME?
3 A IT WAS APPROXIMATELY 8:30 TO 8:45.
4 Q DO YOU RECALL TELLING DETECTIVE LABORE
5 THAT, IN FACT, YOU LEFT FOR DAD'S AT APPROXIMATELY
6 9:00 P.M.?
7 A I DON'T RECALL.
8 Q FOR THE LIMITED PURPOSE OF REFRESHING YOUR
9 RECOLLECTION, DETECTIVE LABORE HAS WRITTEN A REPORT
10 WHERE HE INDICATES YOU TOLD HIM YOU LEFT FOR DAD'S
11 AT NINE O'CLOCK.
12 DOES THAT REFRESH YOUR MEMORY AS TO WHETHER
13 YOU LEFT FOR DAD'S AT NINE O'CLOCK?
14 A I DON'T KNOW THE EXACT TIME THAT WE LEFT.
15 Q THE QUESTION WAS, THOUGH, MA'AM, DID WHAT I
16 TELL YOU REFRESH YOUR MEMORY?
17 A ABOUT WHAT I SPOKE TO?
18 Q ABOUT WHAT TIME YOU LEFT FOR DAD'S.
19 A NO.
20 Q WHEN YOU WERE AT DAD'S ON THE EVENING OF
21 THE 1ST OF FEBRUARY, DID YOU DANCE?
22 A YES.
23 Q AND I THINK YOU TOLD MR. DUSEK THAT YOU HAD
24 CONSUMED SEVERAL ALCOHOLIC BEVERAGES THAT EVENING.
25 IS THAT CORRECT?
26 A YES.
27 Q ASSUMING THAT YOU ARRIVED AT DAD'S,
28 WHENEVER YOU ARRIVED AT DAD'S, HOW MUCH TIME ELAPSED
Page 572
1 BETWEEN YOUR ARRIVAL AT DAD'S AND THE TIME OF YOUR
2 FIRST DRINK?
3 A APPROXIMATELY TEN MINUTES.
4 Q AND HOW LONG WOULD YOU ESTIMATE IT TOOK YOU
5 TO CONSUME THAT DRINK?
6 A I DON'T RECALL.
7 Q HOW MUCH TIME WOULD YOU ESTIMATE IT TOOK
8 BEFORE YOU HAD YOUR SECOND DRINK?
9 A I DON'T RECALL.
10 Q HOW MUCH TIME -- WELL, ANOTHER TEN MINUTES,
11 PERHAPS?
12 A NO.
13 Q WERE YOU TRYING TO CONTROL YOUR INTAKE TO
14 INSURE YOUR SOBRIETY?
15 A YES, I WAS.
16 Q AND YOU WERE THEREFORE CAREFUL IN HOW -- IN
17 HOW MUCH ALCOHOL YOU CONSUMED ON FEBRUARY THE 1ST;
18 ISN'T THAT CORRECT?
19 A YES.
20 Q AND SO CAN WE ASSUME -- STRIKE THAT.
21 WITH REGARD TO YOUR DRINKING HABITS, WHEN
22 YOU HAVE MORE THAN ONE COCKTAIL, DO YOU GIVE
23 YOURSELF TIME TO GET OVER THE EFFECTS BEFORE YOU
24 HAVE A SECOND ONE?
25 A WHEN I'M -- CAN YOU REPEAT THE QUESTION,
26 PLEASE.
27 THE COURT: WOULD YOU READ THE QUESTION BACK,
28 PLEASE?
Page 573
1 (REQUESTED INFORMATION READ.)
2 THE WITNESS: FIRST OF ALL, I DON'T CONSIDER
3 MYSELF TO HAVE A DRINKING HABIT.
4 BY MR. FELDMAN:
5 Q ON THE EVENING OF FEBRUARY 1, DID YOU HAVE
6 OCCASION TO DANCE WITH BARB AND DENISE?
7 A YES.
8 Q WHILE YOU WERE DANCING WITH BARBARA AND
9 DENISE, WERE YOU TWO WOMEN, THE TWO OTHER WOMEN
10 DANCING IN A PROVOCATIVE MANNER?
11 A I DON'T RECALL.
12 Q DO YOU RECALL TELLING HOWARD LABORE THAT
13 THE TWO WOMEN WERE HAVING FUN?
14 A YES.
15 Q AND THAT IT EMBARRASSED YOU WHEN BARBARA
16 TOUCHED YOU IN PUBLIC?
17 A YES.
18 Q AND THAT WHILE DANCING BARBARA DID TRY AND
19 GRAB YOU WHILE YOU WERE ON THE DANCE FLOOR?
20 A YES.
21 Q AND THAT BARBARA DID HUG YOU SEVERAL TIMES
22 THAT NIGHT?
23 A YES.
24 Q AND THAT BARBARA TRIED TO GRAB YOUR
25 BREASTS?
26 A I EXPLAINED THAT TO YOU ALREADY. WHILE SHE
27 WAS DANCING, SHE DID THE HAND MOTION. SHE NEVER
28 PHYSICALLY TOUCHED ME.
Page 574
1 Q I'M ASKING -- ISN'T IT CORRECT YOU TOLD
2 HOWARD LABORE AFTER HE TOLD YOU IT WAS ESSENTIAL YOU
3 TELL HIM THE TRUTH, THAT BARBARA, IN FACT, ATTEMPTED
4 TO GRAB YOUR BREASTS?
5 A YES.
6 Q NOW, THE DESCRIPTION THAT YOU MADE EARLIER
7 DID NOT IMPLICATE HER REACHING OUT AND TRYING TO
8 GRAB YOU.
9 A BECAUSE THAT'S NOT WHAT SHE DID.
10 Q BUT YOU TOLD -- WHEN YOU TOLD HOWARD LABORE
11 THAT BARBARA TRIED TO GRAB YOUR BREASTS BUT YOU
12 STOPPED HER, WHAT DID YOU MEAN TO COMMUNICATE,
13 MA'AM?
14 A SHE WAS DOING HER HAND MOTIONS DANCING.
15 Q DO YOU RECALL THAT DENISE WAS ON THE WILD
16 SIDE THAT NIGHT?
17 A WHICH NIGHT?
18 Q 2-1.
19 A I DON'T RECALL.
20 Q DO YOU RECALL TELLING HOWARD LABORE THAT
21 DENISE WAS SEXUAL DANCING WITH BARBARA THAT NIGHT,
22 THEY WERE RUBBING THEIR BODIES TOGETHER?
23 MR. DUSEK: OBJECTION; IMPROPER IMPEACHMENT.
24 SHE DIDN'T RECALL IT, YOUR HONOR.
25 THE COURT: OVERRULED.
26 THE WITNESS: I DON'T RECALL TELLING HIM THAT.
27 BY MR. FELDMAN:
28 Q FOR THE LIMITED PURPOSE OF REFRESHING YOUR
Page 575
1 RECOLLECTION, I'M READING FROM HOWARD LABORE'S
2 REPORT, AND I'M GOING TO READ THE STATEMENT AND ASK
3 WHETHER OR NOT IT REFRESHES YOUR MEMORY, MA'AM.
4 "I DID DANCE WITH DENISE" -- I'M SORRY.
5 LET ME START AT THE BEGINNING OF THE PARAGRAPH.
6 MR. FELDMAN: COUNSEL, IT'S 1250.
7 BY MR. FELDMAN:
8 Q "WHILE DANCING, BARBARA" --
9 MR. DUSEK: PERHAPS HE COULD SHOW HER THE ITEMS
10 AND SEE IF THAT REFRESHES HER MEMORY. LET HER READ
11 IT TO HERSELF.
12 MR. FELDMAN: RESPECTFULLY, I THINK I'M ALLOWED
13 TO USE ANYTHING TO REFRESH RECOLLECTION, YOUR HONOR.
14 I DON'T NEED TO SHOW HER THE DOCUMENT.
15 THE COURT: YOU'RE CORRECT. GO AHEAD.
16 BY MR. FELDMAN:
17 Q FOR THE LIMITED PURPOSE OF REFRESHING YOUR
18 RECOLLECTION, THIS IS WHAT HOWARD LABORE WROTE YOU
19 SAID. I'M ASKING YOU WHETHER THIS REFRESHES YOUR
20 MEMORY, MA'AM:
21 "WHILE DANCING, BARBARA DID TRY AND
22 GRAB ME WHILE ON THE DANCE FLOOR.
23 BARBARA DID HUG ME SEVERAL TIMES.
24 BARBARA TRIED TO GRAB MY BREASTS BUT I
25 STOPPED HER.
26 DENISE WAS ON THE WILD SIDE THAT NIGHT.
27 DENISE WAS DANCING WITH ANOTHER GIRL OR
28 TWO OTHER GIRLS. I DID DANCE WITH
Page 576
1 DENISE. DENISE AND THE OTHER GIRLS
2 WERE VERY CLOSE. I DO NOT REMEMBER IF
3 ANY OF THE GIRLS KISSED EACH OTHER.
4 DENISE WAS SEXUAL DANCING WITH BARBARA.
5 THEY WERE RUBBING THEIR BODIES
6 TOGETHER."
7 DOES THAT NOW REFRESH YOUR RECOLLECTION AS
8 TO WHETHER OR NOT THE TWO WOMEN WERE DANCING IN A
9 SEXUALLY PROVOCATIVE MANNER?
10 A YES, IT DOES.
11 Q AND WERE THEY?
12 A YES.
13 Q NOW, WAS IT AT THAT TIME THAT BARBARA
14 STARTED DISCUSSING WITH YOU THE SWINGING LIFE-STYLE?
15 MR. DUSEK: OBJECTION; HEARSAY, IRRELEVANT, 352.
16 THE COURT: FIRST PLACE, IT'S NOT HEARSAY.
17 OKAY.
18 COUNSEL, I DON'T SEE HOW THIS IS RELEVANT
19 AT ALL.
20 MR. FELDMAN: CAN I JUST, YOUR HONOR -- I'M NOT
21 ARGUING WITH THE COURT.
22 THE COURT: I JUST DON'T SEE HOW THIS IS
23 RELEVANT.
24 MR. FELDMAN: THEY INTRODUCED EVIDENCE THAT
25 MR. WESTERFIELD MADE A STATEMENT TO THIS WITNESS
26 ABOUT ADULT PARTIES. THEY RAISED THE ISSUE, NOT THE
27 DEFENSE. I'M TRYING TO INQUIRE OF THIS WITNESS
28 REGARDING THE MERITS OF THAT ASSERTION AND
Page 577
1 ALLEGATION.
2 THE COURT: YOU WANT TO RESPOND, COUNSEL?
3 MR. DUSEK: THE STATEMENTS WERE MADE BEFORE ANY
4 INCIDENT AT THE BAR. SO HE HAD NO WAY -- SHE HAD NO
5 WAY OF KNOWING WHAT WAS GOING TO HAPPEN AT THE BAR
6 TWO OR THREE DAYS.
7 THE COURT: I THINK IT'S IRRELEVANT. AND I'M
8 EXERCISING MY DISCRETION UNDER 352 FOR THIS
9 PRELIMINARY HEARING.
10 LET'S GO ON TO A DIFFERENT SUBJECT MATTER,
11 PLEASE.
12 BY MR. FELDMAN:
13 Q ON THE 25TH OF JANUARY, ONE WEEK BEFORE,
14 YOU TOLD US THAT YOU HAD SEEN MR. WESTERFIELD AT THE
15 BAR; IS THAT CORRECT?
16 A YES.
17 Q YOU TOLD US THAT MR. WESTERFIELD HAD
18 PURCHASED FOR YOU SOME ALCOHOL; IS THAT CORRECT?
19 A YES.
20 Q IN FACT, YOU WERE FAMILIAR WITH
21 MR. WESTERFIELD JUST BECAUSE HE WAS A NEIGHBOR;
22 ISN'T THAT CORRECT?
23 A YES.
24 Q AND HE WAS ACTUALLY A PRETTY GOOD NEIGHBOR,
25 WASN'T HE?
26 A WHAT DO YOU MEAN BY "GOOD"?
27 Q HE WOULD ASSIST THE NEIGHBORS IF ANYBODY
28 HAD A PROBLEM?
Page 578
1 A I DON'T KNOW OF THAT.
2 Q YOU BROUGHT YOUR CHILDREN TO HIS HOUSE,
3 DIDN'T YOU?
4 A WE SOLD COOKIES, YES, WE DID.
5 Q YOU ASKED HIM WHETHER OR NOT YOU COULD GO
6 INTO HIS HOUSE, DIDN'T YOU?
7 A I DID. I WANTED TO SEE THE REMODEL.
8 Q YOU WERE WITH YOUR TWO CHILDREN; THAT'S
9 CORRECT, ISN'T IT?
10 A YES.
11 Q AND THAT WAS I THINK TUESDAY YOU TOLD US OR
12 WEDNESDAY OF THE WEEK OF FEBRUARY 1ST; IS THAT
13 CORRECT, MA'AM?
14 A YES. BUT IF I CAN CLEAR SOMETHING UP.
15 MR. FELDMAN: EXCUSE ME, THERE'S NO QUESTION
16 PENDING.
17 THE COURT: DO YOU HAVE THAT GIRL SCOUT COOKIE
18 SHEET BEFORE YOU? DOES IT HAVE DATES ON IT?
19 MR. DUSEK: NO.
20 THE COURT: NO DATES.
21 GO AHEAD.
22 BY MR. FELDMAN:
23 Q I THINK YOU MENTIONED ON DIRECT EXAMINATION
24 THAT WHEN -- WHEN MR. WESTERFIELD WAS SELLING GIRL
25 SCOUT COOKIES HE BOUGHT AN EXTRA BOX, I THINK YOU
26 SAID THE THIN MINT SOMETHING OR OTHER.
27 DO YOU KNOW WHAT I'M TALKING ABOUT?
28 A WHEN DANIELLE AND I WERE SELLING COOKIES TO
Page 579
1 MR. WESTERFIELD, YES, HE DID BUY ONE BOX OF THIN
2 MINTS.
3 Q OKAY. WITH REGARD TO THAT BOX, WAS THERE
4 SOME KIND OF CONTRIBUTION OR CONTRIBUTIONS OR
5 CHARITY THAT THE GIRL SCOUTS WERE DONATING WITH THE
6 THIN MINTS?
7 A THE THIN MINTS WERE GOING TO BE SENT
8 OVERSEAS TO OPERATION THIN MINT, WHICH WAS TO THE
9 MEN AND WOMEN OVERSEAS.
10 Q SO THERE WAS A CHARITABLE COMPONENT?
11 A YES.
12 Q AND THAT WAS EXPLAINED TO MR. WESTERFIELD
13 AT THE TIME OF THE COOKIE PURCHASE; IS THAT CORRECT?
14 A YES.
15 Q NOW, HOW LONG WOULD YOU ESTIMATE YOUR
16 CHILDREN AND YOU WERE IN MR. WESTERFIELD'S HOUSE ON
17 THAT TUESDAY OR WEDNESDAY?
18 A HE INVITED US IN AND I ASKED IF I COULD SEE
19 THE KITCHEN. AND WE WERE THERE APPROXIMATELY TEN
20 MINUTES.
21 Q IS THAT YOUR BEST ESTIMATE AT THIS POINT,
22 MA'AM?
23 A CONSIDERING -- YES. AT THIS TIME.
24 Q DO YOU RECALL TELLING DETECTIVES THAT IT
25 WAS BETWEEN 10 AND 15 MINUTES THAT YOU WERE ACTUALLY
26 IN THE HOUSE?
27 A OKAY. YES, I SAID THAT.
28 Q IN THAT 15-MINUTE PERIOD OF TIME OR
Page 580
1 TEN-TO-15-MINUTE PERIOD OF TIME, WERE YOUR CHILDREN
2 WITHIN YOUR SIGHT AT ALL TIMES?
3 A THEY WERE NOT IN MY SIGHT WHEN THEY WENT TO
4 THE POOL FOR A COUPLE OF MINUTES TO LOOK AT THE
5 POOL.
6 Q YOU JUST SAID "FOR A COUPLE" MINUTES. CAN
7 YOU TELL ME WHAT NUMBER YOU MEAN TO COMMUNICATE WHEN
8 YOU USE THE WORD "COUPLE"?
9 A THEY WERE OUT THERE APPROXIMATELY TWO TO
10 THREE MINUTES LOOKING AT THE POOL. MAYBE NOT EVEN
11 THAT MANY.
12 Q WAS IT IN THAT CONTEXT THAT MR. WESTERFIELD
13 ALLEGEDLY SAID TO YOU THAT HE WANTED YOUR PHONE
14 NUMBER SO THAT HE COULD HAVE AN ADULT PARTY WITH
15 YOU?
16 A WE WERE --
17 MR. DUSEK: OBJECTION; MISSTATES THE EVIDENCE.
18 THE COURT: IT'S CLOSE. OVERRULED.
19 THE WITNESS: I DON'T THINK THAT THE WHOLE
20 CONVERSATION TOOK PLACE WHILE THEY WERE OUTSIDE, NO,
21 I DON'T.
22 BY MR. FELDMAN:
23 Q BUT SOME OF THE CONVERSATION DID?
24 A AND HE DIDN'T SAY THAT HE WAS GOING TO HAVE
25 AN ADULT PARTY WITH ME. HE STATED THAT HE HAD ADULT
26 PARTIES.
27 Q ALL RIGHT. AND YOU TOLD US ON DIRECT
28 EXAMINATION THAT YOU SUBSEQUENTLY CALLED YOUR
Page 581
1 HUSBAND TO COMMUNICATE THAT FACT TO HIM; ISN'T THAT
2 RIGHT?
3 A YES. BECAUSE I WAS SHOCKED THAT IT WAS
4 BROUGHT -- THAT IT WAS SAID TO ME.
5 Q WHEN YOU TALKED TO YOUR HUSBAND, YOU SAID,
6 QUOTE, "YOU WON'T BELIEVE THIS"; ISN'T THAT RIGHT?
7 A YES.
8 Q YOU SAID THAT "DAVE SAID HE HAS," QUOTE,
9 "ADULT PARTIES AND BARBECUES, TOO," AND YOU BROKE
10 OUT LAUGHING; ISN'T THAT CORRECT?
11 A YES.
12 Q AND THE REASON WAS BECAUSE YOU DIDN'T
13 REALIZE THERE WERE OTHERS IN YOUR NEIGHBORHOOD WHO
14 ALLEGEDLY ENGAGED IN THE SWINGING LIFE-STYLE; ISN'T
15 THAT CORRECT?
16 MR. DUSEK: OBJECTION; IRRELEVANT, 352,
17 SPECULATION.
18 THE COURT: COUNSEL, HOW DOES THIS RELATE?
19 MR. FELDMAN: IT RELATES TO THE SUBJECT MATTER
20 OF THE CONVERSATION. THEY TENDERED IT. IT'S A 352
21 ISSUE, YOUR HONOR. THEY TENDERED THE CONVERSATION.
22 THE COURT: THEY TENDERED THE CONVERSATION.
23 OVERRULED. YOU CAN ASK IT.
24 THE WITNESS: I CALLED MY HUSBAND AND TOLD HIM
25 ABOUT IT.
26 BY MR. FELDMAN:
27 Q I'M SORRY, MA'AM.
28 MR. FELDMAN: I DON'T KNOW IF THERE'S A QUESTION
Page 582
1 PENDING, YOUR HONOR.
2 THE WITNESS: THERE WAS.
3 (REQUESTED INFORMATION READ.)
4 THE WITNESS: NO.
5 BY MR. FELDMAN:
6 Q DO YOU HAVE A SPECIFIC RECOLLECTION OF WHAT
7 YOU TOLD DAMON IN CONTEXT OF THE TELEPHONE
8 CONVERSATION THAT YOU HAD THAT WE'RE DISCUSSING?
9 A I KNOW WHAT I SAID TO DAMON, YES.
10 Q DID YOU TELL DAMON, QUOTE, "THAT IT WAS
11 FUNNY TO FIND ONE OF YOUR NEIGHBORS POSSIBLY
12 ALLUDING TO A SWINGING LIFE-STYLE WHEN YOU," MEANING
13 YOU AND DAMON, "WERE NEW TO IT YOURSELVES"?
14 A I DON'T RECALL SAYING THAT TO HIM.
15 Q AND WHAT IS A SWINGING LIFE-STYLE? WHAT
16 DOES THAT MEAN?
17 MR. DUSEK: OBJECTION; IRRELEVANT, 352.
18 THE COURT: COUNSEL, IT WAS BROUGHT UP DURING
19 DIRECT. I CAN'T CLOSE THE LID TOTALLY.
20 MR. DUSEK: ONLY AS TO WHAT THE DEFENDANT SAID.
21 THE COURT: SHE RELATED A CONVERSATION BETWEEN
22 HERSELF AND HER HUSBAND IMMEDIATELY, I GOT THE
23 IMPRESSION, IMMEDIATELY AFTER SHE WENT HOME AFTER
24 THE COOKIE SALE. OVERRULED.
25 NOW, I WANT THIS LIMITED. OKAY.
26 MR. FELDMAN: I'M JUST TALKING ABOUT THE
27 CONVERSATION.
28 THE COURT: BUT YOU MAY ASK THE QUESTION.
Page 583
1 MR. FELDMAN: I'M SORRY. MAY I HAVE THE
2 QUESTION READ, PLEASE.
3 THE COURT: YOU MAY.
4 (REQUESTED INFORMATION READ.)
5 THE COURT: CAN YOU ANSWER THE QUESTION? WHAT
6 DID YOU MEAN OR WHAT IS A SWINGING LIFE-STYLE? CAN
7 YOU TELL US?
8 THE WITNESS: WELL, I DON'T RECALL EVER SAYING
9 THAT TO MY HUSBAND.
10 THE COURT: OKAY. SHE DIDN'T SAY IT TO HER
11 HUSBAND.
12 MR. FELDMAN: THE QUESTION IS WHAT IS A SWINGING
13 LIFE-STYLE. AND THE COURT OVERRULED THE
14 PROSECUTOR'S OBJECTION THAT THAT ANSWER WAS NOT
15 RESPONSIVE, MOTION TO STRIKE.
16 THE COURT: DO YOU KNOW WHAT A SWINGING
17 LIFE-STYLE IS, YES OR NO?
18 THE WITNESS: YES.
19 BY MR. FELDMAN:
20 Q CAN YOU PLEASE TELL US?
21 MR. DUSEK: IRRELEVANT.
22 THE COURT: SUSTAINED. GO AHEAD. NEXT
23 QUESTION.
24 BY MR. FELDMAN:
25 Q ISN'T THE REASON YOU THOUGHT
26 MR. WESTERFIELD'S COMMENT WAS SO, I GUESS, FUNNY
27 THAT YOU WOULD CALL YOUR HUSBAND WAS BECAUSE OF YOUR
28 KNOWLEDGE OF THE SWINGING LIFE-STYLE?
Page 584
1 MR. DUSEK: OBJECTION; IRRELEVANT AS TO HER
2 REASON.
3 THE COURT: SUSTAINED.
4 BY MR. FELDMAN:
5 Q AND WITH REGARD TO THE STATEMENT THAT
6 MR. WESTERFIELD ORIGINALLY MADE TO YOU ABOUT
7 BARBECUES OR ADULT PARTIES, YOU WERE AWARE ON THE
8 DATE THE STATEMENT WAS MADE TO YOU THAT
9 MR. WESTERFIELD DIDN'T HAVE ANY CHILDREN LIVING IN
10 THE HOUSE, AT LEAST NOT YOUNG CHILDREN; ISN'T THAT
11 RIGHT?
12 A YES.
13 Q AND ADULT PARTY THEN COULD REASONABLY HAVE
14 MEANT JUST SOMETHING WITHOUT THE KIDS; ISN'T THAT
15 RIGHT?
16 MR. DUSEK: OBJECTION; CALLS FOR SPECULATION,
17 VAGUE.
18 THE COURT: OVERRULED. THIS IS A WOMAN WHO
19 ACTED UPON HEARING THOSE WORDS. HE'S ENTITLED TO
20 ASK.
21 THE WITNESS: THAT'S ACTUALLY WHAT I THOUGHT. I
22 THOUGHT IT MEANT ADULT PARTY WITH ADULTS ONLY AND
23 ALCOHOL.
24 BY MR. FELDMAN:
25 Q AND THAT'S WHAT YOU TOLD YOUR HUSBAND,
26 MA'AM?
27 A NO. I -- NO. I DON'T RECALL.
28 THE COURT: COUNSEL, I'M SURE THERE'S ANOTHER
Page 585
1 AREA THAT WOULD BE MORE HELPFUL TO ME.
2 MR. FELDMAN: YES, YOUR HONOR.
3 BY MR. FELDMAN:
4 Q WITH REGARD TO YOUR DAUGHTER'S BEHAVIORS --
5 A YES.
6 Q -- DID SHE PLAY HIDE-AND-SEEK?
7 A THE KIDS DID TOGETHER. YES.
8 Q DID YOUR DAUGHTER HAVE A BICYCLE?
9 A YES.
10 Q WOULD SHE RIDE HER BICYCLE OUTSIDE?
11 A YES.
12 Q YOU'RE AWARE THAT LAW ENFORCEMENT
13 INTERVIEWED YOUR OTHER CHILDREN; IS THAT RIGHT?
14 A YES.
15 Q IS IT CORRECT THAT YOUR DAUGHTER DANIELLE
16 GOT IN TROUBLE BECAUSE SHE WOULD LEAVE THE HOUSE AND
17 NOT COME BACK UNTIL YOU FOUND HER ON OTHER
18 OCCASIONS?
19 A NO.
20 Q ONE OF YOUR CHILDREN'S NAME IS DYLEN; IS
21 THAT CORRECT, MA'AM?
22 A YES.
23 Q HAVE YOU TALKED TO DYLEN ABOUT WHETHER OR
24 NOT HE HAD A CONVERSATION WITH LAW ENFORCEMENT
25 CONCERNING YOUR DAUGHTER'S ACTIVITIES?
26 MR. DUSEK: OBJECTION; IMPROPER IMPEACHMENT.
27 MR. FELDMAN: I'LL WITHDRAW THE QUESTION.
28 MR. DUSEK: HEARSAY.
Page 586
1 MR. FELDMAN: I'LL WITHDRAW THE QUESTION.
2 THE COURT: IT CERTAINLY IS. LET'S NOT ASK ANY
3 QUESTIONS THAT ARE THAT OBVIOUSLY FRAUD.
4 PLEASE PROCEED.
5 MR. FELDMAN: I'M TRYING.
6 THE COURT: ALL RIGHT.
7 I'M TRYING, TOO, FOR EVERYBODY.
8 BY MR. FELDMAN:
9 Q ISN'T IT TRUE THAT DANIELLE HAD WALKED AWAY
10 FROM THE HOUSE AND OPENED THE GATE IN THE BACKYARD
11 ON OCCASIONS BEFORE FEBRUARY THE 1ST?
12 A NO.
13 Q ISN'T IT TRUE THAT DANIELLE COULD CLIMB UP
14 AND OPEN THE GATE TO GET OUTSIDE OF YOUR IMMEDIATE
15 PREMISES OF YOUR PROPERTY, MA'AM?
16 A NO.
17 Q ISN'T IT TRUE DANIELLE HAS GOTTEN IN
18 TROUBLE BEFORE FOR THAT VERY BEHAVIOR PRIOR TO
19 FEBRUARY THE 1ST?
20 A NO.
21 Q ISN'T IT TRUE BOTH DANIELLE AND DYLEN'S
22 BROTHER GOT IN TROUBLE WITH YOU FOR OPENING THE GATE
23 AND GOING OUT FRONT?
24 A I DON'T RECALL.
25 Q FOR THE LIMITED PURPOSE OF REFRESHING YOUR
26 RECOLLECTION, YOUR SON DYLEN TOLD THE POLICE --
27 MR. DUSEK: OBJECTION; IMPROPER RECOLLECTION,
28 IMPROPER IMPEACHMENT.
Page 587
1 MR. FELDMAN: YOUR HONOR, SHE SAID SHE DIDN'T
2 RECALL.
3 THE COURT: COUNSEL, I'M NOT GOING TO USE --
4 SUSTAINED.
5 BY MR. FELDMAN:
6 Q DYLEN'S BROTHER IS DERRICK; IS THAT RIGHT?
7 A YES.
8 Q AND I'M SORRY, I DON'T RECALL WHAT YOU TOLD
9 US. WHO WAS THE ELDEST?
10 A DERRICK.
11 THE COURT: HE'S NINE.
12 THE WITNESS: HE'S NINE. HE'S ACTUALLY TEN NOW.
13 THE COURT: YOU TOLD US HE WAS NINE. THAT'S WHY
14 I REMEMBERED. RIGHT?
15 THE WITNESS: YES.
16 THE COURT: OKAY.
17 BY MR. FELDMAN:
18 Q DID -- DO YOU RECALL WHETHER OR NOT DERRICK
19 AND DANIELLE GOT IN TROUBLE WITH YOU FOR OPENING,
20 EITHER OPENING THE GATE AND GOING OUT FRONT OR
21 CLIMBING THE GATE AND GOING OUT?
22 A DYLEN AND DANIELLE ONE TIME CLIMBED THE
23 GATE AND THEY DID GET IN TROUBLE. BUT THEY CANNOT
24 OPEN THE GATE.
25 Q WHEN ONE -- WHEN WAS THAT ONE TIME, IF YOU
26 RECALL?
27 A I DON'T RECALL.
28 Q WAS IT WITHIN A SHORT PERIOD OF TIME BEFORE
Page 588
1 FEBRUARY 1ST, MA'AM?
2 A NO.
3 Q BUT YOU DON'T REMEMBER WHAT THE TIME PERIOD
4 WAS; IS THAT CORRECT?
5 A EXACTLY.
6 Q I WANT TO MOVE TO THE 25TH OF JANUARY. SO
7 YOU'RE TRACKING.
8 DO YOU RECALL WHAT TIME IT WAS THAT YOU
9 WENT OUT WITH DENISE AND BARBARA?
10 A I DON'T RECALL THE EXACT TIME, NO.
11 Q WAS IT EARLIER IN THE EVENING OR LATER IN
12 THE EVENING? HAD THE SUN SET? WAS IT LIGHT OUT?
13 A ON THE 25TH IT WAS LATER THAN THE 1ST.
14 Q OKAY. SO YOU WENT OUT LATER EVEN THEN ON
15 THE 1ST, THE FOLLOWING WEEK?
16 A ARE YOU TALKING ABOUT HOW LONG WE STAYED
17 OUT?
18 Q NO. I'M TALKING ABOUT --
19 A WHAT TIME WE LEFT THE HOUSE?
20 Q YES.
21 A YES, IT WAS A LITTLE BIT LATER.
22 Q AND WHERE DID YOU GO? DID YOU GO ANYPLACE
23 OTHER THAN DAD'S?
24 A NO.
25 Q WAS THIS ALSO A GIRLS' NIGHT OUT?
26 A YES.
27 Q AND HOW MANY GIRLS' NIGHTS OUT PER WEEK DO
28 YOU GENERALLY HAVE, MA'AM?
Page 589
1 MR. DUSEK: OBJECTION; IRRELEVANT.
2 THE COURT: SUSTAINED.
3 BY MR. FELDMAN:
4 Q IS DENISE KEMAL AN HONEST PERSON?
5 MR. DUSEK: OBJECTION; IRRELEVANT.
6 THE COURT: SUSTAINED.
7 BY MR. FELDMAN:
8 Q ON THE 25TH, HOW MUCH DID YOU HAVE TO
9 DRINK, IF YOU RECALL?
10 A I DON'T RECALL.
11 Q HOW MANY DRINKS DID DAVID WESTERFIELD BUY
12 FOR YOU, IF YOU REMEMBER?
13 A I DON'T RECALL.
14 Q ON THE EVENING OF THE 1ST OF FEBRUARY, DID
15 YOU INVITE BILL LIBBY TO MEET YOU AT DAD'S BAR?
16 A I DON'T RECALL. I MAY HAVE.
17 Q AND IS BILL LIBBY A FRIEND OF YOURS?
18 A YES.
19 Q AND IS HE A PERSON WHO SPENT THE NIGHT AT
20 YOUR HOUSE BEFORE?
21 MR. DUSEK: OBJECTION; IRRELEVANT.
22 THE COURT: SUSTAINED.
23 MR. FELDMAN: ACCESS.
24 THE COURT: HOLD ON. OVERRULED MYSELF.
25 OVERRULED. YOU MAY ANSWER THE QUESTION.
26 BY MR. FELDMAN:
27 Q IS BILL LIBBY A PERSON THAT HAS STAYED AT
28 YOUR HOUSE BEFORE?
Page 590
1 A NO.
2 Q BILL LIBBY HAS NEVER SPENT THE NIGHT AT
3 YOUR HOUSE; IS THAT CORRECT?
4 MR. DUSEK: OBJECTION; IRRELEVANT, VAGUE AS TO
5 TIME, 352.
6 THE COURT: OVERRULED.
7 HAS HE EVER SPENT THE NIGHT AT YOUR HOME?
8 THE WITNESS: NO.
9 THE COURT: NEXT QUESTION.
10 BY MR. FELDMAN:
11 Q WITH REGARD TO BILL LIBBY, YOU CALLED HIM
12 ON THAT FRIDAY, MEANING THE 1ST OF FEBRUARY, AND
13 TOLD HIM THAT YOU WERE GOING TO MEET SOME OF YOUR
14 FRIENDS AT DAD'S BAR; IS THAT CORRECT?
15 A YES.
16 Q AND YOU SUGGESTED THAT HE COME BY AND MEET
17 YOU SINCE HIS WIFE WAS OUT OF TOWN; ISN'T THAT
18 CORRECT?
19 A I ASKED HIM IF HE WOULD LIKE TO JOIN US. I
20 DON'T RECALL HIS WIFE BEING OUT OF TOWN.
21 Q FOR THE LIMITED PURPOSE OF REFRESHING YOUR
22 RECOLLECTION, BILL LIBBY TOLD VESTIGATOR --
23 MR. DUSEK: OBJECTION, YOUR HONOR. I'D ASK THAT
24 SHE BE SHOWN THE DOCUMENT.
25 THE COURT: YES. THIS TIME YOU SHOW HER THE
26 DOCUMENT. WE'RE NOT GOING TO HAVE A QUOTE --
27 MR. FELDMAN: CAN I APPROACH?
28 THE COURT: -- FROM EVERYBODY THAT TALKED TO THE
Page 591
1 POLICE.
2 OF COURSE YOU MAY.
3 MR. FELDMAN: COUNSEL, 497.
4 BY MR. FELDMAN:
5 Q MA'AM, YOU'LL SEE HIGHLIGHTED ON THIS PIECE
6 OF PAPER A PARAGRAPH WHICH I'M NOW CIRCLING.
7 THE COURT: FOR THE RECORD, WHAT PAGE IS IT IN
8 THE DISCOVERY?
9 MR. FELDMAN: I THOUGHT I GAVE IT, YOUR HONOR.
10 497.
11 THE COURT: YOU MAY HAVE. THANK YOU.
12 WOULD YOU READ THAT, PLEASE. THANK YOU.
13 BY MR. FELDMAN:
14 Q I'M JUST ASKING YOU TO READ THIS TO
15 YOURSELF.
16 A OH.
17 Q HAVE YOU HAD AN OPPORTUNITY TO REVIEW THE
18 DOCUMENT?
19 A YES.
20 Q DOES REVIEWING THE DOCUMENT REFRESH YOUR
21 RECOLLECTION AS TO WHETHER OR NOT YOU SAID TO BILL
22 LIBBY "WHY DON'T YOU COME BY DAD'S AND MEET ME"
23 SINCE HIS WIFE WAS OUT OF TOWN?
24 MR. DUSEK: SAME OBJECTION. WHETHER OR NOT THE
25 DOCUMENT REFRESHES HER RECOLLECTION.
26 THE COURT: EXCUSE ME. OVERRULED.
27 GO AHEAD.
28 THE WITNESS: NO, IT DOESN'T.
Page 592
1 THE COURT: NEXT QUESTION.
2 MR. FELDMAN: I'M GOING TO TRY TO REFRESH HER
3 RECOLLECTION ON THE SAME SUBJECT. ONLY THIS TIME I
4 WISH TO USE A DIFFERENT PIECE OF DISCOVERY,
5 PAGE 499.
6 THE COURT: IF YOU WANT TO DO THAT, WALK UP TO
7 HER, SHOW IT TO HER, AND ASK HER IF IT REFRESHES HER
8 RECOLLECTION.
9 BY MR. FELDMAN:
10 Q I'M SHOWING YOU ANOTHER DOCUMENT WHICH IS
11 AN INTERVIEW, AND I'M TRYING TO DIRECT YOUR
12 ATTENTION TO THE BOTTOM PARAGRAPH, MA'AM, AGAIN IT'S
13 HIGHLIGHTED. READ ANY PARTS YOU WISH JUST TO GET
14 CONTEXT.
15 THE COURT: THIS IS AN INTERVIEW OF THIS WITNESS
16 BY THE POLICE; IS THAT CORRECT?
17 MR. FELDMAN: NO. THIS IS A WITNESS OF -- BY
18 THE POLICE, YOUR HONOR, OF BILL LIBBY.
19 THE COURT: I UNDERSTAND.
20 I DON'T WANT A DESCRIPTION OF WHAT YOU
21 SAID. I DO NOT WANT A DESCRIPTION OF WHAT HE SAID.
22 BY MR. FELDMAN:
23 Q MA'AM, HAVE YOU HAD AN OPPORTUNITY TO
24 REVIEW THE DOCUMENT?
25 A YES.
26 Q DID READING THE DOCUMENT REFRESH YOUR
27 MEMORY AS TO WHETHER OR NOT YOU WERE AWARE -- STRIKE
28 THAT.
Page 593
1 DOES REVIEWING THE DOCUMENT REFRESH YOUR
2 RECOLLECTION AS TO WHETHER OR NOT YOU TOLD BILL
3 LIBBY THAT HE OUGHT TO COME TO DAD'S BAR THAT
4 EVENING BECAUSE HIS WIFE DOLLY WAS OUT OF TOWN?
5 A NO, IT DOESN'T.
6 THE COURT: ALL RIGHT, COUNSEL. HOW MANY MORE
7 OF THESE ARE WE GOING TO HAVE?
8 MR. FELDMAN: NOW, I GOT HER STATEMENTS. I'M
9 MOVING THERE.
10 THE COURT: HER STATEMENTS ARE CERTAINLY FAIR
11 GAME.
12 MR. FELDMAN: YES.
13 BY MR. FELDMAN:
14 Q I'D NOW LIKE -- LET ME ASK YOU THIS, MA'AM:
15 ISN'T IT CORRECT THAT ON THE TUESDAY PRIOR TO YOUR
16 DAUGHTER'S DISAPPEARANCE, SHE'D BEEN SCRATCHED BY
17 YOUR DOG?
18 A I DON'T RECALL.
19 Q ISN'T IT TRUE YOU TOLD A POLICE OFFICER
20 THAT ON THE PREVIOUS TUESDAY DANIELLE HAD BEEN
21 SCRATCHED BY THE DOG?
22 A THE PREVIOUS TUESDAY. DO YOU MEAN BEFORE
23 THE 25TH?
24 Q I MEAN BEFORE THE 3RD OF FEBRUARY WHEN YOU
25 MADE THE STATEMENT, MA'AM.
26 A I DON'T KNOW THE EXACT DATE THAT DANIELLE
27 WAS SCRATCHED BY THE DOG.
28 Q YOU WERE INTERVIEWED BY LAW ENFORCEMENT ON
Page 594
1 A NUMBER OF DIFFERENT OCCASIONS?
2 A YES, IT IS.
3 Q ON VIRTUALLY ALL OF THE OCCASIONS THAT YOU
4 WERE INTERVIEWED, LAW OFFICERS HAD TAPE-RECORDERS
5 RUNNING; IS THAT CORRECT?
6 A YES.
7 Q YOU WERE SPECIFICALLY BROUGHT TO THE POLICE
8 DEPARTMENT AND INTERVIEWED IN CERTAIN ROOMS; ISN'T
9 THAT CORRECT?
10 A YES, IT IS.
11 Q IN ONE OF THE ROOMS THAT YOU WERE
12 INTERVIEWED IN, YOU WERE INTERVIEWED BY AN OFFICER
13 NAMED REDDEN; ISN'T THAT CORRECT?
14 A I DON'T REMEMBER THE NAMES.
15 Q DO YOU RECALL TELLING OR MAKING THE
16 STATEMENT THAT ON THE PREVIOUS TUESDAY, TO OFFICER
17 REDDEN, DANIELLE HAD BEEN SCRATCHED BY THE DOG AND
18 THAT YOU, IN FACT, CHASTISED DANIELLE FOR
19 COMPLAINING ABOUT IT TOO MUCH?
20 A I DON'T THINK I WOULD EVER DO THAT TO
21 DANIELLE, BUT I DON'T RECALL. I'VE BEEN THROUGH A
22 LOT AND THERE'S A LOT THAT I CAN'T RECALL.
23 Q I UNDERSTAND, MA'AM.
24 MR. FELDMAN: I'D LIKE TO APPROACH AND SHOW HER
25 A COPY OF THE DOCUMENT.
26 THE COURT: YOU MAY.
27 BY MR. FELDMAN:
28 Q SPECIFICALLY DIRECTING YOUR ATTENTION TO A
Page 595
1 DOCUMENT, AND, AGAIN, I GOT HIGHLIGHTED IN YELLOW
2 AND I'M DOING IT WITH MY PEN. I JUST ASK YOU TO
3 PLEASE REVIEW THE DOCUMENT TO SEE WHETHER IT HELPS
4 YOU REMEMBER.
5 A (WITNESS REVIEWS DOCUMENT.)
6 Q HAVE YOU HAD AN OPPORTUNITY TO REVIEW THE
7 DOCUMENT?
8 A YES.
9 Q DOES REVIEWING THE DOCUMENT REFRESH YOUR
10 RECOLLECTION AS TO WHETHER OR NOT YOU MADE THE
11 STATEMENT ON THE PREVIOUS TUESDAY DANIELLE HAD BEEN
12 SCRATCHED BY THE DOG AND YOU CHASTISED HER FOR
13 COMPLAINING TOO MUCH ABOUT IT?
14 A I REMEMBER THAT DANIELLE WAS SCRATCHED BY
15 THE DOG, BUT I NEVER CHASTISED HER BECAUSE OF IT.
16 SHE WALKED UP THE STAIRS AND THAT WAS IT. I CAN'T
17 TELL YOU WHAT DAY IT WAS.
18 Q OKAY. YOU JUST TOLD ME SHE WAS SCRATCHED
19 BY THE DOG AND SHE WALKED UP THE STAIRS AND THAT WAS
20 IT. CAN YOU TELL ME, WHAT STAIRS?
21 A WE ONLY HAVE ONE STAIRS IN OUR HOUSE.
22 Q OKAY.
23 A THE STAIRS.
24 Q ISN'T THERE A LANDING?
25 A EXCUSE ME?
26 Q IS THERE A LANDING?
27 A SHE WENT ALL THE WAY UP TO HER ROOM.
28 Q WITH REGARD TO THE SCRATCH, WHAT KIND OF A
Page 596
1 SCRATCH WAS IT?
2 A IT WAS A MINOR SCRATCH.
3 Q WHAT DO YOU MEAN BY "MINOR"?
4 A THERE WAS NO BLOOD.
5 Q I WASN'T ASKING ABOUT BLOOD. I WAS ASKING
6 ABOUT --
7 A IT WAS A MINOR SCRATCH ON THE SKIN.
8 Q CAN YOU DESCRIBE IT FURTHER?
9 A IT WAS ON HER BACK UNDERNEATH HER SHIRT.
10 Q AND HOW LONG WAS IT?
11 A APPROXIMATELY TWO INCHES LONG.
12 Q AND HOW WIDE WAS IT?
13 A AS WIDE AS A DOG'S NAIL.
14 Q AND WITH REGARD TO THE DOG, HAD YOU HAD ITS
15 NAILS CLIPPED ANYTIME RECENT TO THE TIME THE DOG
16 SCRATCHED YOUR DAUGHTER?
17 MR. DUSEK: OBJECTION; RELEVANCY, 352.
18 THE COURT: OVERRULED. I UNDERSTAND THE
19 RELEVANCY. IT'S RELEVANT.
20 I DON'T KNOW. DO YOU CLIP THE DOG'S NAILS?
21 THE WITNESS: MY HUSBAND CLIPS THEM.
22 THE COURT: NEXT QUESTION.
23 ARE YOU OKAY?
24 THE WITNESS: I'M FINE.
25 THE COURT: ALL RIGHT. GO AHEAD.
26 BY MR. FELDMAN:
27 Q I THINK AT THE BAR, ON THE 25TH OF
28 JANUARY -- ON THE 25TH OF JANUARY, DID YOU ENGAGE IN
Page 597
1 ANY FORM OF COMMUNICATION WITH DAVID WESTERFIELD?
2 A HE OFFERED TO BUY US DRINKS. OTHER THAN
3 THAT, I DON'T REMEMBER WHAT KIND OF CONVERSATION WE
4 WOULD HAVE HAD.
5 Q DID YOU EVER TELL MR. WESTERFIELD, FOR
6 INSTANCE, THAT YOU HAD CHILDREN?
7 A HE KNEW I HAD CHILDREN.
8 Q DID YOU EVER TELL HIM THAT YOUR DAUGHTER
9 WAS PERHAPS GOING ON SOME KIND OF FATHER-DAUGHTER
10 DANCE OR AFFAIR?
11 A I DON'T RECALL.
12 Q DO YOU RECALL EVER TELLING MR. WESTERFIELD
13 THAT YOUR HUSBAND HAD PLANNED TO TAKE YOUR SON
14 SNOWBOARDING?
15 A YES.
16 Q AND DID YOU MAKE THAT STATEMENT, OR YOU
17 RECALL MAKING THAT STATEMENT?
18 A I DIDN'T MAKE THAT STATEMENT ON THE 25TH.
19 BUT THAT STATEMENT WAS MADE.
20 Q WHEN?
21 A WHEN WE SOLD COOKIES.
22 Q AND YOU DIDN'T KNOW MR. WESTERFIELD VERY
23 WELL, DID YOU, WHEN YOU SOLD HIM COOKIES?
24 A NO.
25 Q AND DID YOU FEEL THAT THAT WAS DISCLOSING
26 PERSONAL INFORMATION TO PEOPLE YOU DIDN'T KNOW VERY
27 WELL?
28 MR. DUSEK: OBJECTION.
Page 598
1 THE WITNESS: NO.
2 MR. DUSEK: IRRELEVANT.
3 THE COURT: OVERRULED.
4 YOU CAN ANSWER THE QUESTION.
5 THE WITNESS: NO.
6 BY MR. FELDMAN:
7 Q HAD YOU TOLD MR. WESTERFIELD THE WEEK
8 BEFORE THAT EITHER YOUR DAUGHTER OR YOUR SONS WERE
9 GOING OUT WITH THEIR DAD, MEANING ON -- MEANING ON
10 JANUARY 25TH?
11 A ARE YOU TALKING ABOUT WHEN I SOLD GIRL
12 SCOUT COOKIES WITH DANIELLE?
13 Q I'M TALKING ABOUT THE WEEK -- I'M TALKING
14 ABOUT THE FRIDAY BEFORE THE GIRLS' NIGHT OUT AT THE
15 BAR?
16 A I DON'T RECALL.
17 Q WHEN DID YOU GIVE MR. WESTERFIELD YOUR
18 TELEPHONE NUMBER AND THE NAME OF YOUR HUSBAND?
19 A WHEN DANIELLE AND I WENT INTO HIS HOUSE, OR
20 WHEN DANIELLE, DYLEN, AND I WENT TO HIS HOUSE TO
21 SELL COOKIES.
22 Q DID YOU WRITE OUT YOUR NAME OR DID
23 MR. WESTERFIELD ASK YOU FOR YOUR NAME AND PHONE
24 NUMBER?
25 A HE GAVE ME A PEN AND A PIECE OF PAPER AND I
26 WROTE IT DOWN.
27 Q SO IT WOULD BE YOUR HANDWRITING THAT WOULD
28 BE ON THE NOTE; IS THAT CORRECT?
Page 599
1 A YES.
2 Q NOW, ON THE 1ST OF FEBRUARY, WHEN YOU SAW
3 MR. WESTERFIELD AT THE BAR, AND WHEN HE WAS BUYING
4 -- YOU THANKED HIM FOR PURCHASING DRINKS FOR YOU AND
5 YOUR FRIENDS; ISN'T THAT CORRECT?
6 A YES.
7 Q AND YOU SAW THAT MR. WESTERFIELD APPARENTLY
8 WAS PRESENT WITH FRIENDS OF HIS; ISN'T THAT CORRECT?
9 A YES.
10 Q IN FACT, THERE WERE AT LEAST TWO FRIENDS OF
11 HIS THAT HE APPEARED TO BE DRINKING WITH; ISN'T THAT
12 RIGHT?
13 A YES.
14 Q ONE OF THOSE FRIENDS DID YOU END UP DANCING
15 WITH?
16 A I DON'T RECALL.
17 Q DO YOU RECALL TELLING DETECTIVE LABORE THAT
18 YOU DID, IN FACT, DANCE WITH ONE OF HIS FRIENDS?
19 A NO, I DON'T RECALL.
20 Q MRS. VAN DAM, ISN'T IT TRUE THAT YOUR
21 FRIENDS, AT LEAST ON THE 1ST OF FEBRUARY, WERE,
22 QUOTE, "TOASTED," END QUOTE?
23 A BOTH FRIENDS?
24 Q WELL, WAS BARBARA TOASTED?
25 A I THINK THEY HAD A LITTLE BIT TO DRINK.
26 Q OKAY. YOU UNDERSTAND -- LET ME INSTEAD OF
27 MY USING THE WORD "TOASTED," THAT'S A WORD THAT YOU
28 USE, IS IT NOT, TO DESCRIBE A PARTICULAR STATE OF
Page 600
1 INTOXICATION?
2 A YES.
3 Q AND WHEN YOU USE THE WORD "TOASTED," WHAT
4 STATE OF INTOXICATION DO YOU MEAN TO COMMUNICATE?
5 A THAT MAYBE THEY HAD A LITTLE BIT MORE THAN
6 THEY SHOULD HAVE.
7 Q IS IT THE CASE, THEN, ON FEBRUARY THE 1ST
8 AT LEAST BOTH BARB AND DENISE WERE TOASTED?
9 A YES.
10 Q AND ISN'T IT TRUE THAT YOU TOO WERE
11 SOMEWHAT TOASTED ON FEBRUARY THE 1ST?
12 A NO.
13 Q ISN'T IT TRUE THAT ON FEBRUARY THE 1ST YOU
14 WERE DANCING WITH DAVID WESTERFIELD?
15 A NO.
16 Q AND ISN'T IT TRUE THAT YOU DANCED MORE THAN
17 ONE DANCE WITH DAVID WESTERFIELD ON FEBRUARY THE
18 1ST?
19 MR. DUSEK: OBJECTION; IMPROPER QUESTION. SHE
20 SAID SHE NEVER DANCED WITH HIM.
21 THE COURT: SUSTAINED.
22 BY MR. FELDMAN:
23 Q ISN'T IT TRUE THAT YOU NEVER DANCED --
24 THE COURT: SHE SAID, "I NEVER DANCED WITH DAVID
25 WESTERFIELD."
26 MR. DUSEK: SHE DIDN'T SAY THAT.
27 THE WITNESS: I SAID "NO." BUT I DON'T RECALL
28 DANCING WITH DAVID WESTERFIELD.
Page 601
1 BY MR. FELDMAN:
2 Q YOU JUST TOLD ME YOU DON'T RECALL DANCING
3 WITH DAVID WESTERFIELD; IS THAT CORRECT?
4 A YES.
5 Q FOR THE LIMITED PURPOSE OF REFRESHING YOUR
6 RECOLLECTION --
7 DISCOVERY PAGE 732.
8 MR. DUSEK: THIS ISN'T EVEN HER STATEMENT, YOUR
9 HONOR.
10 THE COURT: HE CAN SHOW IT TO HER, BUT I DON'T
11 EXPECT YOU TO START READING IT.
12 MR. FELDMAN: FOR THE LIMITED PURPOSE OF
13 REFRESHING RECOLLECTION OF THE WITNESS, YOUR HONOR.
14 THE COURT: AS LONG AS IT'S BETWEEN YOU AND THE
15 WITNESS.
16 BY MR. FELDMAN:
17 Q YOU'LL SEE THAT I'M SHOWING YOU A STATEMENT
18 OF ANOTHER WITNESS THAT'S HIGHLIGHTED IN YELLOW.
19 I'D JUST ASK YOU TO TAKE A LOOK AT THAT TO SEE
20 WHETHER OR NOT IT REFRESHES YOUR MEMORY THAT, IN
21 FACT, YOU HAD DANCED WITH DAVID WESTERFIELD THAT
22 NIGHT?
23 A NO, I DIDN'T.
24 Q WHEN YOU SAY, NO, YOU DIDN'T, YOU MEAN TO
25 SAY THE DOCUMENT DID NOT REFRESH YOUR RECOLLECTION,
26 OR YOU DID NOT DANCE WITH DAVID WESTERFIELD?
27 A I DID NOT DANCE WITH DAVID WESTERFIELD.
28 Q SO ARE YOU TELLING ME NOW YOUR MEMORY IS
Page 602
1 CHANGED, TODAY, IN THAT EARLIER YOU SAID YOU WEREN'T
2 SURE?
3 MR. DUSEK: OBJECTION; ARGUMENTATIVE.
4 THE COURT: COUNSEL, IT'S ARGUMENTATIVE. IT'S
5 ON THE RECORD. I'VE HEARD IT. LET'S MOVE ON.
6 BY MR. FELDMAN:
7 Q ON THE EVENING OF FEBRUARY THE 1ST, DID YOU
8 DANCE WITH A MAN -- WAS A MAN NAMED KEITH PRESENT?
9 A YES.
10 Q AND DAVID WESTERFIELD WAS PRESENT -- STRIKE
11 THAT.
12 DID YOU PLAY POOL WITH KEITH?
13 A NO. BARBARA DID.
14 Q OKAY. BUT I THOUGHT YOU SAID THAT YOU
15 WANTED TO WAIT AROUND UNTIL AT SOME POINT YOU WON A
16 POOL GAME.
17 IS THAT RIGHT?
18 A I PLAYED --
19 MR. DUSEK: IT MISSTATES THE EVIDENCE, YOUR
20 HONOR.
21 THE COURT: WELL, COUNSEL, I KNOW WHAT HE'S
22 TALKING ABOUT.
23 MR. DUSEK: WAITED AROUND.
24 THE COURT: YOU'RE RIGHT. IT SLIGHTLY MISSTATES
25 THE EVIDENCE. SUSTAIN THE OBJECTION.
26 I THINK YOU CAN FORM A QUESTION THAT GOES
27 MORE TO THE POINT.
28 /////
Page 603
1 BY MR. FELDMAN:
2 Q WITH REGARD TO THE EVENING OF THE 1ST OF
3 FEBRUARY, DID YOU REMAIN IN THE BAR LONG ENOUGH TO
4 PERMIT YOU TO WIN A GAME OF POOL?
5 A YES.
6 Q AND WITH WHOM WERE YOU PLAYING POOL WHEN
7 YOU WON THE GAME?
8 A THE ENTIRE THREE GAMES WERE PLAYED WITH THE
9 SAME PEOPLE. DENISE DID, AND TWO OF
10 MR. WESTERFIELD'S FRIENDS OR TWO PEOPLE THAT WERE
11 TALKING TO HIM.
12 Q OKAY. AND WHILE THE TWO OF
13 MR. WESTERFIELD'S FRIENDS OR PEOPLE THAT WERE
14 TALKING TO HIM WERE PLAYING POOL WITH YOUR TWO
15 FRIENDS, WASN'T MR. WESTERFIELD TALKING WITH ANOTHER
16 WOMAN?
17 A HIS TWO FRIENDS WERE PLAYING POOL WITH
18 DENISE AND I, NOT MY TWO FRIENDS. BARBARA WAS
19 PLAYING WITH KEITH. AND I DID RECALL SEEING HIM
20 SPEAKING TO ANOTHER WOMAN.
21 Q I THINK YOU TOLD US ON DIRECT EXAMINATION
22 KEITH HAD AN INTEREST IN BARBARA.
23 IS THAT CORRECT?
24 A YES, IT IS.
25 Q IS THAT BECAUSE KEITH TOLD YOU THAT HE HAD
26 TAKEN A LITTLE PILL WITH A "V" ON IT?
27 A HE DID.
28 Q AND HE INDICATED THAT HE WANTED YOU TO
Page 604
1 INVITE HIM BACK TO YOUR HOUSE TO BE WITH BARB; IS
2 THAT CORRECT?
3 A NO. HE WANTED ME -- HE WANTED A CHANCE TO
4 TALK TO BARBARA TO TRY AND HOOK UP WITH HER.
5 Q OKAY. "TO TRY AND HOOK UP," MEANING TO
6 DATE?
7 A MAYBE TO TAKE HER TO HIS HOUSE. I HAVE NO
8 CLUE.
9 Q ALL RIGHT. WERE YOU PERCIPIENT TO THAT
10 CONVERSATION?
11 A EXCUSE ME?
12 Q DID YOU SEE THE CONVERSATION OR DID YOU
13 HEAR THAT CONVERSATION BETWEEN HE AND SHE?
14 A NO.
15 Q YOU DANCED WITH KEITH THAT EVENING;
16 CORRECT?
17 A YES.
18 Q YOU MAY HAVE DANCED WITH RICH THAT EVENING;
19 CORRECT?
20 A YES.
21 Q YOU DANCED WITH BARBARA; CORRECT?
22 A YES.
23 Q AND YOU DANCED A SLOW DANCE WITH AN OLDER
24 MAN; ISN'T THAT CORRECT?
25 A YES.
26 Q AND WHILE YOU WERE DANCING WITH THAT OLDER
27 MAN, YOU DISCUSSED YOUR CHILDREN; ISN'T THAT
28 CORRECT, WHILE YOU WERE DANCING?
Page 605
1 A YES, WE DID.
2 Q AND IS IT THE CASE THAT DAVID WESTERFIELD
3 WAS DANCING WITH BARBARA OR DENISE?
4 A I HAVE -- I HAVE NO IDEA.
5 Q BY YOUR ANSWER, YOU MEAN TO COMMUNICATE
6 YOU'RE NOT SURE WHETHER OR NOT HE DID?
7 A I DON'T KNOW IF HE DANCED WITH THEM.
8 Q IT IS THE CASE, THOUGH, THAT YOU STAYED AT
9 THE BAR TILL IT CLOSED; IS THAT CORRECT?
10 A AROUND CLOSING, YES.
11 Q WELL, DIDN'T YOU TELL -- DIDN'T YOU TELL
12 DETECTIVE LABORE YOU STAYED AT THE BAR TILL IT
13 CLOSED?
14 A I KNOW THAT -- THAT LAST CALL WAS CALLED,
15 BUT THERE WAS STILL PEOPLE THERE WHEN WE LEFT.
16 Q OKAY. I'M SORRY, WHAT DOES "LAST CALL"
17 MEAN?
18 A I GUESS THEY DON'T SERVE ANY MORE ALCOHOL
19 AFTER A CERTAIN TIME.
20 Q DO YOU KNOW WHAT TIME THAT WAS ON THE 1ST
21 OF FEBRUARY?
22 A I THINK THAT WE LEFT ABOUT TEN MINUTES
23 UNTIL 2:00.
24 Q YOU ACTUALLY WENT INTO THE PARKING LOT TO
25 PICK UP YOUR FRIENDS BARBARA AND DENISE AS YOU
26 PREPARED TO EXIT; IS THAT CORRECT?
27 A YES, I WALKED TO THE TRUCK.
28 Q AND YOU GOT INTO THE TRUCK; IS THAT
Page 606
1 CORRECT?
2 A YES.
3 Q AND WAS THAT -- I'M SORRY. HOW MUCH TIME
4 HAD ELAPSED BETWEEN THE TIME YOU WERE SMOKING
5 MARIJUANA WHILE AT DAD'S AND THE TIME YOU GOT INTO
6 THE CAR?
7 A IT HAD BEEN A COUPLE OF HOURS.
8 Q SO YOU STOPPED -- IS IT TRUE THAT YOU
9 STOPPED DRINKING AND SMOKING DRUGS BY MIDNIGHT ON
10 THE 1ST OF FEBRUARY?
11 A I DON'T KNOW AN EXACT TIME, NO.
12 Q WELL, WHEN YOU TOLD ME A COUPLE OF HOURS,
13 WERE YOU GUESSING?
14 A IT'S AN APPROXIMATE TIME, YES, IT IS.
15 Q COULD IT HAVE BEEN APPROXIMATELY ONE HOUR?
16 MR. DUSEK: OBJECTION; VAGUE, SPECULATION.
17 THE COURT: OVERRULED.
18 THE WITNESS: I DON'T KNOW THE EXACT TIME. NO,
19 I DON'T.
20 BY MR. FELDMAN:
21 Q COULD IT HAVE BEEN 30 MINUTES?
22 A NO.
23 Q SO IS IT FAIR TO SAY SOMEWHERE AROUND ONE
24 AND TWO HOURS?
25 A I WOULD SAY CLOSER TO TWO HOURS.
26 Q AND YOU HAD HAD BY THE TIME YOU MADE THE
27 DECISION TO STOP DRINKING JUST, I THINK YOU TOLD US,
28 THREE CRANBERRY VODKAS; IS THAT CORRECT, MA'AM?
Page 607
1 A YES.
2 Q WITH REGARD TO THOSE CRANBERRY VODKAS, DO
3 YOU RECALL WHETHER OR NOT THEY WERE STRONG DRINKS?
4 A NO, THEY WEREN'T VERY STRONG.
5 Q THEN YOU TOLD US, I THINK, THAT YOU HAD
6 SOME TEQUILA; IS THAT CORRECT?
7 A YES.
8 Q AND HOW MUCH TEQUILA DID YOU HAVE?
9 A ONE SHOT.
10 Q WOULD THAT -- WAS IT IN A SHOT GLASS OR HOW
11 DID YOU CONSUME THAT?
12 A YES, IT WAS.
13 Q IN A SHOT GLASS?
14 A YES.
15 Q AND DID YOU DRINK THAT SHOT OF TEQUILA WITH
16 ANYBODY ELSE?
17 A I DON'T RECALL.
18 Q WHO -- WHO BOUGHT THE TEQUILA FOR YOU, DO
19 YOU KNOW?
20 A I DON'T RECALL.
21 Q IS IT JUST KIND OF WHEN YOU GO TO DAD'S, IS
22 IT JUST LIKE PEOPLE BUY DRINKS FOR PEOPLE THAT ARE
23 THERE?
24 MR. DUSEK: OBJECTION; IRRELEVANT, 352.
25 THE COURT: SUSTAINED.
26 NEXT QUESTION.
27 BY MR. FELDMAN:
28 Q WHEN YOU MADE THE DECISION TO LEAVE, YOU
Page 608
1 TOLD US THAT -- JUST NOW YOU TOLD US YOU WENT TO
2 YOUR TRUCK. DID YOU GO TO THE FRONT DOOR AND PICK
3 UP BARBARA AND DENISE?
4 A I TAPPED ON THE WINDOW IN THE SMOKING AREA,
5 AND I MOTIONED TO THEM THAT IT WAS TIME TO GO.
6 Q OKAY. WASN'T THERE SOME CONVERSATION
7 BETWEEN KEITH AND RICH CONCERNING GOING HOME WITH
8 YOU?
9 A RICH HAD ASKED ME WHAT I TOLD YOU BEFORE.
10 BUT I DON'T KNOW ABOUT THEIR CONVERSATION.
11 Q I'M ASKING WHETHER YOU HAD A CONVERSATION
12 WITH KEITH AND RICH INVITING THEM TO YOUR HOUSE WHEN
13 YOU LEFT THE BAR.
14 A I TOLD KEITH THAT THEY COULD STOP BY FOR A
15 MINUTE SO HE COULD TALK TO BARBARA, YES.
16 Q AND THAT WAS BECAUSE BEFORE YOU LEFT, KEITH
17 TOLD YOU HE NEEDED YOUR HELP TO MAKE THIS BARBARA
18 THING HAPPEN FOR HIM; IS THAT RIGHT?
19 A YES.
20 Q NOW, ALL OF YOU, THEN, IT SOUNDS LIKE THERE
21 WERE THE THREE WOMEN IN ONE CAR AND THE TWO MEN IN
22 ANOTHER CAR, DRIVING FROM DAD'S TO YOUR RESIDENCE;
23 IS THAT CORRECT?
24 A YES.
25 Q ARE YOU STARTING TO FEEL LIKE YOU NEED A
26 BREAK, MA'AM?
27 A NO, I'M FINE.
28 THE COURT: IF SHE IS, SHE'LL LET US KNOW.
Page 609
1 WON'T YOU?
2 WE'RE GOING TO STOP AT 12:00 ANYWAY.
3 YOU TELL US WHAT YOU NEED.
4 GO AHEAD, COUNSEL.
5 BY MR. FELDMAN:
6 Q WHEN YOU ARRIVED AT YOUR HOUSE, YOU PARKED
7 YOUR CAR IN THE DRIVEWAY; IS THAT CORRECT?
8 A YES.
9 Q KEITH AND RICH PULLED IN IN FRONT OF YOUR
10 HOUSE; IS THAT RIGHT?
11 A YES.
12 Q DO YOU REMEMBER WHETHER OR NOT THERE WAS A
13 LIGHT ON -- OH, WELL, STRIKE THAT.
14 WHEN YOU LEFT THAT NIGHT, IT WAS YOUR
15 UNDERSTANDING THAT DAMON WAS ESSENTIALLY THE
16 BABY-SITTER, IT WAS HIS RESPONSIBILITY TO WATCH THE
17 KIDS; RIGHT?
18 A I WOULDN'T CONSIDER DAMON TO BE A
19 BABY-SITTER. I WOULD CONSIDER HIM TO BE THEIR
20 FATHER.
21 Q WAS IT HIS RESPONSIBILITY TO WATCH THE
22 KIDS? IS THAT CORRECT?
23 A YES, IT WAS HIS RESPONSIBILITY.
24 Q AS A MATTER OF CUSTOM AND PRACTICE, WOULD
25 THE UPSTAIRS LIGHTS BE TURNED OFF WHEN THE KIDS WENT
26 TO BED?
27 A YES.
28 Q AND THE WAY YOU DESCRIBE THE UPSTAIRS, I
Page 610
1 THINK IN RESPONSE TO MR. DUSEK'S QUESTION YOU SAID
2 THERE WERE I THINK THREE BEDROOMS AND A MASTER
3 BEDROOM.
4 IS THAT ACCURATE UP TO A POINT SO FAR?
5 A YES.
6 Q IS THERE THEN SOME KIND OF HALLWAY OR
7 WHATEVER --
8 A THERE'S A WALKWAY OVER TO THE MASTER
9 BEDROOM.
10 Q IS THERE SOME KIND OF OVERHEAD LIGHTING?
11 A NO.
12 Q OKAY.
13 A I'M SORRY. YES, THERE IS.
14 Q SO WHAT I'M ASKING YOU THEN --
15 THE COURT: TAKE IT EASY. I CAN'T ALWAYS
16 REMEMBER WHAT'S IN MY HOUSE, TOO. RELAX.
17 GO AHEAD.
18 BY MR. FELDMAN:
19 Q WHEN THE KIDS GO TO BED, WHEN YOU PUT YOUR
20 KIDS TO BED, IT'S GENERALLY THE CUSTOM AND PRACTICE
21 TO TURN OFF THE OVERHEAD LIGHTS TO HELP THEM SLEEP;
22 ISN'T THAT RIGHT?
23 A YES.
24 Q WHEN YOU GO TO SLEEP AT NIGHT WITH YOUR
25 HUSBAND, DO YOU GENERALLY CLOSE THE DOOR?
26 A TO OUR ROOM?
27 Q YES.
28 A YES.
Page 611
1 Q THAT'S TO KEEP THE DOG IN, IS IT?
2 A YES.
3 Q AND WHEN YOU CLOSE THE DOOR, IS IT AFTER
4 THE LIGHTS ARE TURNED OFF, THE OVERHEAD LIGHTS?
5 DO YOU UNDERSTAND ME?
6 A YES.
7 Q I'M SORRY. I JUST THREW SOMETHING OUT.
8 DID YOU UNDERSTAND MY LAST QUESTION?
9 A I DID.
10 Q WHEN YOU SAID "YES," DID YOU MEAN TO SAY
11 THAT, IN FACT, YOU DO AS A MATTER OF CUSTOM AND
12 PRACTICE WHEN YOU GO TO BED TURN OFF THAT OVERHEAD
13 LIGHT?
14 A WE GENERALLY TRY TO TURN OFF ALL THE
15 LIGHTS.
16 Q ALL RIGHT. DID YOU EXPECT THAT YOUR
17 HUSBAND WOULD BE ASLEEP WHEN YOU ARRIVED BACK AT
18 2:00 A.M.?
19 A I DIDN'T THINK ABOUT IT.
20 Q WAS ONE OF THE REASONS YOU BROUGHT DENISE
21 AND BARBARA BACK TO THE HOUSE TO PERMIT THEM TO
22 SOCIALIZE WITH YOUR HUSBAND?
23 A ABSOLUTELY NOT.
24 Q WAS THERE PIZZA IN THE HOUSE?
25 A LEFT OVER FROM DINNER, YES.
26 Q HAD YOU TOLD ANYBODY AT THE BAR THAT THEY
27 WERE INVITED TO YOUR HOUSE FOR THE PURPOSE OF EATING
28 PIZZA?
Page 612
1 A NOW, I ALREADY TOLD YOU THAT I TOLD KEITH
2 HE COULD COME OVER FOR A MOMENT, AND I MAY HAVE
3 MENTIONED HAVING PIZZA.
4 Q IN ADDITION TO MENTIONING HAVING PIZZA TO
5 KEITH, DID YOU MENTION HAVING PIZZA TO RICH?
6 A I DON'T RECALL.
7 Q DID YOU MENTION HAVING PIZZA TO BARBARA OR
8 DENISE?
9 A I DON'T RECALL.
10 Q DID YOU CALL YOUR HUSBAND TO TELL HIM AHEAD
11 OF TIME THAT YOU WERE PLANNING TO COME HOME AT 2:00
12 IN THE MORNING WITH FIVE PEOPLE?
13 A NO.
14 Q WHEN YOU GOT HOME, I THINK YOU TOLD US ONE
15 OF THE FIRST THINGS YOU NOTICED WAS A BLINKING
16 LIGHT.
17 IS THAT ACCURATE, MA'AM?
18 A YES.
19 Q OKAY. PLEASE, WHAT DID THE BLINKING LIGHT
20 COMMUNICATE TO YOU?
21 A THAT THERE WAS A DOOR OPEN.
22 Q IS THAT BECAUSE OF THE SECURITY SYSTEM IS
23 SUCH THAT IF THERE'S A DOOR OPEN AT ALL, THEY'LL BE
24 SOME KIND OF BLINKING LIGHT?
25 A YES. THE DOORS HAVE SENSORS.
26 Q WELL, I THOUGHT YOU SAID ON DIRECT THAT
27 THERE WERE ONLY TWO SENSORS IN THE HOUSE.
28 A NO. EACH DOOR. THERE'S TWO CONTROL
Page 613
1 PANELS.
2 Q OKAY. SO THERE'S TWO CONTROL PANELS BUT A
3 NUMBER OF SENSORS THROUGHOUT THE HOUSE?
4 A YES, THEY'RE ON WINDOWS AND DOORS.
5 Q SO IF SOMEBODY -- IF THE DOOR'S LEFT OPEN,
6 THERE'S GOING TO BE SENSORS REFLECTING THAT OR SOME
7 WAY TO REFLECT THAT BOTH UPSTAIRS AND DOWNSTAIRS?
8 A THAT IS THE CONTROL PANEL.
9 Q OKAY.
10 A THE SENSOR'S ACTUALLY ON THE DOOR. WHEN
11 THE TWO OF THEM DON'T MEET, THE RED LIGHT SHOWS ON
12 THE CONTROL PANEL.
13 Q WHEN YOU GOT HOME, DID YOU TRY AND FIND
14 WHICH DOOR IT WAS THAT WAS OPEN?
15 A YES.
16 Q AND EARLIER IN DIRECT YOU TALKED ABOUT THE
17 GARAGE DOOR, AND WE'VE TALKED ABOUT THE GARAGE DOOR.
18 IS THAT ONE OF THE DOORS THAT IF IT'S LEFT OPEN, THE
19 SENSORS OR THE CONTROL PANEL WILL SHOW BLINKING
20 LIGHTS?
21 A YES.
22 Q WHEN YOU SEARCHED YOUR HOUSE AT AROUND TWO
23 O'CLOCK OR LOOKED AROUND YOUR HOUSE AT AROUND TWO
24 O'CLOCK, DID YOU FIND A DOOR THAT WAS OPEN?
25 A YES.
26 Q CAN YOU PLEASE TELL ME WHAT DOOR THAT WAS?
27 A IT WAS THE SIDE GARAGE DOOR GOING OUT TO
28 THE OUTSIDE.
Page 614
1 Q EARLIER IN THE EVENING, WHEN YOU WERE
2 SMOKING MARIJUANA IN THE GARAGE, WAS THAT A DOOR
3 THAT YOU RELIED UPON EITHER BARBARA OR DENISE TO
4 HAVE SHUT?
5 A I DON'T RECALL.
6 Q WITH REGARD TO THAT PARTICULAR DOOR THAT
7 YOU FOUND OPEN, IS THAT A DOOR THAT SOMEHOW HAS
8 ACCESS TO THE STREET OR THE OUTSIDE?
9 A IT HAS ACCESS TO OUR SIDE YARD.
10 Q OKAY. IF SOMEBODY GETS INTO YOUR SIDE
11 YARD, IS THERE A WAY FOR THEM TO GET TO THE STREET
12 OR OUT?
13 A IF THEY'RE IN OUR YARD?
14 Q YES.
15 A THEY'D HAVE TO GO BACK OUT THE GATE.
16 IS THAT WHAT YOU'RE ASKING ME?
17 Q YES.
18 THE COURT: YES. THEY'D HAVE TO GO OUT THE GATE
19 BUT NOT THROUGH THE GARAGE. THEY'D GO OUT THROUGH
20 THE GATE; AM I CORRECT?
21 THE WITNESS: YES.
22 BY MR. FELDMAN:
23 Q THANK YOU.
24 WITH REGARD TO THE GATE THAT YOU JUST TOLD
25 US THAT THEY HAD TO GET OUT OF, IS THAT A GATE THAT
26 YOU WOULD LOCK OR WOULD HAVE A PADLOCK OF ANY KIND?
27 A NO.
28 Q ON THE 1ST OF FEBRUARY, DID -- OR THE 31ST
Page 615
1 OF JANUARY, DID THAT HAVE ANY FORM OF LOCKING
2 MECHANISM?
3 A NO.
4 Q WITH REGARD TO YOUR SEARCH -- I'M USING
5 THAT WORD. I DON'T MEAN IT IN A NEGATIVE WAY.
6 WHEN YOU GOT HOME AND THE LIGHTS WERE
7 BLINKING, YOU DID SEARCH YOUR HOUSE TO SEE WHAT WAS
8 OPEN.
9 IS THAT A FAIR STATEMENT?
10 A YES, IT IS.
11 Q COULD YOU TELL WHETHER OR NOT -- IS THERE
12 -- DO YOU HAVE A FAMILY ROOM OF SOME KIND THAT HAS
13 SLIDING GLASS DOORS?
14 A YES.
15 Q DID YOU CHECK TO SEE WHETHER OR NOT THE
16 SLIDERS WERE SHUT?
17 A YES.
18 Q DO YOU RECALL WHETHER THE SLIDERS WERE
19 SHUT?
20 A IT WAS SHUT.
21 Q DID YOU CHECK TO SEE WHETHER OR NOT -- IS
22 YOUR SECURITY SYSTEM SUCH THAT IF A WINDOW WAS OPEN,
23 IT WOULD BLINK?
24 A YES.
25 Q DID YOU CHECK TO SEE WHETHER OR NOT ALL THE
26 WINDOWS WERE SHUT?
27 A ONCE I CLOSED THE SIDE GARAGE DOOR OR
28 DENISE DID, THERE WERE NO LONGER ANY RED LIGHTS ON
Page 616
1 THE CONTROL PANEL.
2 Q AND CAN YOU GIVE US YOUR BEST ESTIMATE OF
3 WHAT TIME THAT WAS?
4 A IT WAS A LITTLE BIT AFTER 2:00.
5 Q ABOUT HOW LONG AFTER?
6 A MAYBE BEFORE 2:15.
7 Q DO YOU THINK YOU GOT HOME ABOUT TWO
8 O'CLOCK?
9 A I DON'T KNOW THE EXACT TIMES.
10 Q THAT'S WHY I SAID "ABOUT."
11 A APPROXIMATELY.
12 Q ALL RIGHT.
13 THE COURT: ALL RIGHT. THAT'S ENOUGH FOR THIS
14 MORNING. WE'RE IN RECESS UNTIL 1:30.
15 PLEASE REMEMBER MY ADMONITION.
16 (PROCEEDINGS ADJOURNED.)
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