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Trial of David Westerfield, criminal defense trial San Diego California
Feldman: criminal defense lawyer
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TRIAL Day 28- august 6th 2002
Closing arguments - Prosecutor Dusek -4
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1 THE COURT: WELCOME BACK, LADIES AND GENTLEMEN.
2 ALL RIGHT, MR. DUSEK.
3 MR. DUSEK: THIS IS A TOUGH TIME OF DAY.
4 WE'RE GETTING NEAR THE END.
5 THE NEXT INDIVIDUAL WHO INTERVIEWED THE DEFENDANT
6 WAS PAUL REDDEN, THE FELLOW WHO WE HAVE THE TAPED INTERVIEW OF
7 WHICH WILL BE AVAILABLE TO YOU FOR THE DETAILS OF IT. AND
8 WHAT'S IMPORTANT TO NOTE HERE IS THE NATURE OF THAT INTERVIEW,
9 THE TONE OF THAT CONVERSATION. THREATS, YELLING, SCREAMING, NOT
10 AT ALL. IT WAS A CONVERSATIONAL TONE. INFORMATION. GIVE ME
11 ANSWERS, QUESTIONS, QUESTIONS, ANSWERS. IN FACT, THE DEFENDANT
12 EVEN TALKS ABOUT HOW NICE IT WAS OF THEM TO SOMEHOW AVOID THE
13 MEDIA BEFORE THIS INTERVIEW WAS EVEN ABLE TO TAKE PLACE.
14 BUT HE SAYS SOME THINGS IN THAT INTERVIEW ON TAPE
15 THAT, YOU CAN HEAR THAT AGAIN, ARE CONSISTENT WITH WHAT HE HAS
16 SAID EARLIER AND CONSISTENT WITH WHAT BRENDA VAN DAM HAS SAID
17 AND WHAT OTHER PEOPLE HAVE SAID. HE THOUGHT THERE WAS A SITTER
18 AT THE HOUSE. HE THOUGHT DAMON WAS OUT OF TOWN. THAT TRIP
19 DOESN'T SOUND WEIRD TO YOU, DOES IT? IT DOESN'T SOUND WEIRD TO
20 YOU, REFERRING TO PAUL REDDEN. OH, NO IT'S NORMAL. I'M SURE
21 THIS IS YOUR THERAPY, GOING OUT AND DRIVING THIS BIG OLD THING
22 AROUND THE BACK COUNTRY.
23 HE DID SAY SOMETHING THAT CAUSES REAL PROBLEMS FOR
24 THE DEFENSE. NOBODY'S EVER BEEN IN MY HOME, MY MOTOR HOME. I
25 HAVEN'T SEEN ANY LITTLE KIDS IN THAT MOTOR HOME. I REMEMBER ONE
26 TIME A LITTLE GIRL STANDING AT THE DOOR BUT THEN SHE SCURRIED
27 OFF. DON'T KNOW WHO SHE WAS. I DON'T EVEN KNOW WHAT DANIELLE
28 LOOKS LIKE. BUT NO ONE'S BEEN IN THAT MOTOR HOME. LOCARD
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1 TRANSFER THEORY. WE'RE DONE.
2 HE DOES NOT RECOGNIZE DANIELLE. HE DOESN'T KNOW
3 HER AND HE DOESN'T EVEN RECOGNIZE DAMON. THAT'S HOW LITTLE HE'S
4 SEEN OF HIM ON THE STREET.
5 HE LIKES SLENDER WOMEN, NOT THE BIG BREASTED ONES
6 THAT WE HEARD ABOUT HERE IN COURT. IF I'M RIGHT, I THINK I AM,
7 HE TALKED ABOUT TAKING THREE SHOWERS ON THAT WEEKEND; WHEN HE
8 GOT UP SATURDAY MORNING, ONE TIME WHEN HE WAS IN THE DESERT
9 AFTER BORREGO, I THINK HE SAID HE TOOK A SHOWER OUT THERE WHILE
10 HE WAS FIXING A MEAL, AND THEN HE TOOK A SHOWER WHEN HE GOT
11 HOME. THIS CAUSES A WHOLE LOT OF PROBLEMS WITH TRANSFERRING
12 EVIDENCE BACK AND FORTH, ESPECIALLY WHEN YOU'RE WEARING A
13 LEATHER JACKET.
14 HE RECALLED DANCING WITH THE LITTLE ONE AT DAD'S.
15 LITTLE ONE HAS TO BE DENISE. DOESN'T SAY ANYTHING AT ALL ABOUT
16 DANCING WITH BRENDA OR BARBARA OR ANYBODY ELSE, JUST THE LITTLE
17 ONE. HE TALKED ABOUT HOW MUCH HE HAD TO DRINK, AND TRIES TO
18 SELL THE CASE HEY, I WAS SO DRUNK I DON'T EVEN KNOW HOW I GOT
19 HOME. BUT HE HAS DETAILS UP TO HIS TRIP HOME AND DETAILS AFTER
20 HE GETS HOME. HE GIVES THE DEFENSE A LITTLE BIT OF ROOM TO
21 WIGGLE THERE. HE WAS SO DRUNK HE COULDN'T EVEN HAVE FORMED THE
22 INTENT TO KIDNAP THIS LITTLE GIRL THAT NIGHT OR THE NEXT NIGHT
23 WHEN HE TOOK HER OR THE NEXT DAY WHEN HE TOOK HER TO THE R. V.
24 AND THE WHOLE WEEKEND.
25 HE TALKED ABOUT "WE", IF YOU REMEMBER THAT TAPE.
26 HE TALKED ABOUT "WE" BEING OUT IN THAT DESERT. I THINK IT WAS
27 AROUND THE DISCUSSION OF WHAT WAS GOING ON AT BORREGO. HE
28 SLIPPED. "WE." AND AS I MENTIONED BEFORE, HAVE YOU EVER BEEN
9438
1 INSIDE THE VAN DAM HOME? HAVEN'T BEEN INVITED IN. NEVER
2 INVITED IN. AND THEN NOT THAT I'M AWARE OF. THOSE ARE SCARY.
3 THOSE ARE SCARY ANSWERS.
4 NOW LET'S GET TO THE GUTS OF THE CASE, THE PHYSICAL
5 EVIDENCE, AND WHAT IT IS AND WHAT IT MEANS AND WHAT IT TELLS YOU
6 AND TELLS US.
7 WE HAVE PREPARED TWO BOARDS JUST FOR SUMMARY IN
8 CLOSING ARGUMENT. THIS IS NOT EVIDENCE AND IT WILL NOT GO WITH
9 YOU TO THE JURY ROOM. BUT WE HAVE DONE OUR VERY BEST TO
10 ACCURATELY SUMMARIZE THE PHYSICAL EVIDENCE THAT HAS COME FORWARD
11 IN THIS CASE AND WE'VE TRIED TO GROUP IT BY LOCATION. AND WE
12 EVEN TRIED TO GET REAL FANCY AND USE COLORS. BLUE FOR THE BLUE
13 FIBERS, ORANGE FOR THE ORANGE FIBERS THROUGHOUT.
14 YOU WERE GIVEN THE EVIDENCE. SAN DIEGO POLICE
15 EVIDENCE NUMBERS ON THE LEFT-HAND SIDE. YOU CAN FIND MOST OF
16 THOSE IN THE BAGS AND EVERYTHING ELSE THAT WE REFERRED TO. WE
17 THEN HAVE A LOCATION OF WHERE THE ITEMS WERE FOUND AND WHAT WAS
18 FOUND IN THE VARIOUS LOCATIONS, BROKEN DOWN FROM THE VICTIM, THE
19 DEFENDANT'S HOME, THE DEFENDANT'S GARAGE, THE MOTOR HOME AND THE
20 S. U. V. ON THE BOARD BEHIND ME.
21 THE OFFICERS EVENTUALLY GOT SEARCH WARRANTS FOR ALL
22 OF THESE LOCATIONS TO GO IN AND SEARCH. AND IT'S INTERESTING TO
23 NOTE WHAT THEY FOUND AND WHAT THEY DIDN'T FIND, WHAT THEY DID
24 FIND IN HIS HOUSE. IF YOU RECALL, WHEN MO PARGA AND JOHNNY
25 KEENE WENT THROUGH. THE BED WAS MADE BUT THERE WAS NO COMFORTER
26 ON IT. WHEN THE OFFICERS WERE BACK LATER THAT EVENING WITH THE
27 SEARCH WARRANT HE GOT A NEW COMFORTER. WAS GONNA PUT ON A NEW
28 ONE. WHAT WAS HE GONNA DO WITH THE OTHER ONE? WHY NOT JUST PUT
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1 IT BACK OUT AND PUT IT BACK ON THERE? HE HAD A NEW ONE READY TO
2 ROLL. GET RID OF THE OLD ONE, WHICH WE LEARNED LATER WAS DOWN
3 IN THE LAUNDRY ROOM BEING WASHED.
4 ALL THE ALIBI STUFF, AS I CALL IT, WAS ON THE
5 KITCHEN COUNTER READY TO BE SEEN. THE NOTE FROM CONKLIN, THE
6 GUY WHO REMOVED HIM FROM THE SAND. THE RECEIPTS FROM THE GAS.
7 THE LIST FOR BLEACH. THE PHOTOGRAPH OR THE AD WITH THE BED.
8 EVERYTHING WAS OUT THERE IN THE OPEN, EASY TO FIND.
9 THE OFFICERS FOUND THE DIRT IN THE LAUNDRY AND THE
10 GRASS LIKE SUBSTANCE IN THE LAUNDRY. WHERE WAS THIS STUFF IF
11 IT'S PICKING UP DIRT AND GRASS? AT THE REAR OF THE S. U. V. HE
12 HAD HIS VACUUM CLEANER. VACUUM CLEANER BACK OF THE REAR OF THE
13 S. U. V. AND I THINK YOU'LL HEAR ON REDDEN'S TAPE THAT AFTER HE
14 DID THE FIRST LITTLE CLEAN UP AT THE R. V. WHEN HE LEFT IT IN
15 THE MORNING HE WENT BACK A SECOND TIME AND CLEANED IT. THIS WAS
16 ON HIS SECOND TRIP TO THE CLEANERS WHEN HE TOOK THE BLACK
17 CLOTHING BACK.
18 HE MADE TWO TRIPS TO THE CLEANERS THAT DAY. THE
19 EARLY MORNING ONE WHERE THE BLOODY ITEM AND THE BEDDING WENT AND
20 THEN LATER IN THE DAY HE WENT BACK AND HAD CONTACT WITH THE
21 SECOND EMPLOYEE THERE.
22 AT THE R. V., IF YOU RECALL, THERE WAS SHEETS ON
23 THE BED WHEN THE OFFICERS WENT THROUGH IN THE EARLY PART OF THE
24 DAY. WHEN THEY CAME BACK HE HAD ALREADY GOTTEN A NEW AND
25 DIFFERENT COMFORTER ON THE BED. AND FOR SOME REASON THERE WAS A
26 TOWEL THROWN DOWN ON THE CARPETING OUTSIDE THE BATHROOM. WE
27 LEARNED UNDERNEATH THAT TOWEL IS WHERE THE BLOOD WAS, WHERE THE
28 HAIRS WERE, THE FIBERS WERE.
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1 THE LAUNDRY BAG, THAT YELLOW LAUNDRY BAG, WAS IN
2 THE BACK OF THE S. U. V. THAT HAD THE TOWEL ON IT THAT HAD MANY
3 OF THE FIBERS THAT MATCHED UP.
4 WHAT IS OF NOTE IS WHAT WASN'T FOUND WHEN THEY WENT
5 THROUGH THE HOUSE WITH THE SEARCH WARRANT. OBVIOUSLY, THE
6 ORIGINAL COMFORTER WAS NOT ON THE BED ON EITHER BED. THEY HAD
7 ALREADY BEEN CLEANED OR TAKEN TO BE CLEANED.
8 IN FACT, THE OFFICERS WERE REAL LUCKY TO FIND THE
9 STUFF FROM THE DRY CLEANERS. THEY FOUND THE RECEIPT FROM THE
10 DRY CLEANERS. I THINK IT WAS IN THE S. U. V. DIDN'T KNOW WHICH
11 ONE IT WAS. THERE'S NO NAME ON IT. WHICH DRY CLEANERS IN THIS
12 ENTIRE AREA SHOULD WE GO TO? SOMEHOW MANY THEY MADE THE
13 CONNECTION THAT LET'S GO CHECK THIS ONE. AND THEY GOT LUCKY.
14 THEY GOT LUCKY BECAUSE THAT'S WHERE IT WAS. WHEN YOU GOT THE
15 RIGHT GUY THE CASE GETS BETTER. AS TIME GOES ON THE CASE GETS
16 BETTER IF YOU'VE GOTTEN THE RIGHT GUY. IT DID HERE.
17 WHAT DIDN'T THEY FIND? THEY DIDN'T FIND HIS BLACK
18 CLOTHING THAT GLENNIE NASLAND DESCRIBED FROM THE BAR. HE HAD
19 ALREADY RUN THAT OFF TO THE DRY CLEANERS IN HIS MIDDAY RUN OVER
20 THERE. THEY DIDN'T FIND HIS BLACK BOOTS. IN FACT, THERE'S EVEN
21 A PHOTOGRAPH OF HIS HOUSE, EVEN HIS CLOSET BY HIS BEDROOM. HE'S
22 GOT A PAIR OF BROWN BOOTS, BROWN COWBOY BOOTS THERE, BUT NOBODY
23 EVER FOUND ANY BLACK ONES. WHAT HAPPENED TO THEM? IS HE THE
24 TYPE OF GUY WHO IS GOING TO WEAR BROWN COWBOY BOOTS WITH A
25 BLACKOUT FIT? COME ON, LOOK AT ALL THE STUFF HE'S GOT. THIS
26 GUY EVEN LINES UP HIS WHITE T-SHIRTS. WHERE ARE THE BLACK
27 COWBOY BOOTS AND WHY DID HE GET RID OF THEM? WE KNOW. WE JUST
28 KNOW WHY. WE DON'T KNOW WHERE.
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1 CAN'T FIND THE PAJAMAS FROM DANIELLE. CAN'T FIND
2 THE SOURCE, THE ORIGINAL SOURCE FOR THE BLUE AND ORANGE FIBERS.
3 WHERE ARE THEY? GOING THROUGH THE FORENSIC EVIDENCE THAT WAS
4 COMPILED IN THIS CASE OF VIRTUALLY EVERY TYPE, FINGERPRINTS,
5 BLOOD, HUMAN HAIR, DOG HAIR, FIBERS, ALL COME BACK TO HIS LAP.
6 LET'S GO THROUGH 'EM ONE AT A TIME BEFORE WE ACTUALLY BREAK IT
7 DOWN INTO WHERE THEY ARE.
8 STARTING WITH FINGERPRINTS. FIRST OF ALL,
9 HOPEFULLY SOME POTENTIAL MISCONCEPTIONS ABOUT FINGERPRINTS WERE
10 ADDRESSED HERE IN THIS CASE, AND PROBABLY THE VERY FIRST
11 MISCONCEPTION THAT MOST PEOPLE HAVE IS THAT PEOPLE ALWAYS LEAVE
12 PRINTS. IF YOU TOUCH ANYTHING YOU'RE GOING TO LEAVE A PRINT.
13 WE LEARNED IN THIS CASE THAT'S NOT TRUE. IT DOESN'T HAPPEN ON
14 ALL OCCASIONS. IT'S KIND OF A HAPPENSTANCE. WE KNOW THAT
15 BECAUSE THE FOLKS AT DAD'S CAME BACK TO THE VAN DAM HOME. THEY
16 COULDN'T FIND ANY PRINTS THERE. WE KNOW THEY WERE IN AND ABOUT
17 AND AROUND. THEY COULDN'T FIND ANY PRINTS THERE.
18 NOW, IS IT REASONABLE TO BELIEVE THAT THEY STOOD
19 THERE WITHOUT TOUCHING ANYTHING? MAYBE, BUT MAYBE WHAT THEY
20 TOUCHED THEY DIDN'T LEAVE IT OR IS A SURFACE THAT WOULDN'T TAKE
21 IT OR THEY MOVED IT, SMUDGED IT, WHATEVER. JUST BECAUSE
22 SOMEONE'S BEEN THERE DOESN'T MEAN THEY'RE GOING TO LEAVE PRINTS.
23 ALSO ESTABLISHED THAT IN THE DEFENDANT'S OWN MOTOR
24 HOME THEY COULDN'T FIND HIS PRINTS. DOES THAT MEAN HE'S NEVER
25 BEEN THERE BEFORE? OF COURSE NOT. WE ALL KNOW HE'S BEEN THERE.
26 BUT EITHER HE DIDN'T LEAVE 'EM OR HE CLEANED 'EM BEFORE HE LEFT.
27 AND HE PROBABLY WASN'T INTENDING TO GET RID OF HIS PRINTS.
28 THERE IS NO REASON TO GET RID OF HIS PRINTS IN THAT MOTOR HOME.
9442
1 AND YOU SAW WHEN YOU WENT THROUGH THAT MOTOR HOME
2 EVERY PLACE THEY DUSTED, ALL THAT BLACK POWDER THROUGHOUT THAT
3 MOTOR HOME WHERE THEY LOOKED. COULDN'T FIND 'EM. EVEN IN
4 DANIELLE'S BEDROOM THEY COULDN'T FIND A GOOD SET OF PRINTS FROM
5 HER IN HER OWN BEDROOM. A LITTLE SPEC HERE, A LITTLE PIECE
6 THERE, BUT NOT A REAL GOOD SET.
7 I'VE OFTEN WONDERED IF WE WERE TO GET EVERYBODY
8 HERE, USHER 'EM OUTSIDE, COME BACK AND CHECK THE AREA FOR
9 FINGERPRINTS, HOW MANY OF YOU PEOPLE WOULDN'T HAVE BEEN HERE?
10 YOU WONDER IF, YOU KNOW, DID YOU GUYS LEAVE YOUR PRINTS HERE?
11 WE KNOW YOU'VE BEEN SITTING HERE ALL DAY FOR TWO MONTHS. JUST
12 BECAUSE THE PRINTS AREN'T THERE DOESN'T MEAN THE PERSON WASN'T
13 THERE.
14 AND WE CERTAINLY LEARNED, IF WE DIDN'T KNOW
15 ALREADY, THAT PRINTS CAN BE REMOVED, COVERED, ERASED, WIPED
16 CLEAN. YOU CAN PREVENT LEAVING PRINTS BY WEARING GLOVES, BY
17 JUST TOUCHING SOMETHING WITH YOUR SHIRT, YOUR PANTS, YOUR
18 JACKET. OPENING THE DOOR WITH YOUR ELBOW, THE BACK OF YOUR
19 HANDS, YOUR KNUCKLES. IT'S NOT THAT TOUGH. NOT THAT TOUGH.
20 WE LEARNED THAT YOU CANNOT DATE FINGERPRINTS.
21 PRINT'S THERE. WE DON'T KNOW WHEN IT WAS THERE IF THAT'S ALL WE
22 LOOK AT. YOU HAVE TO LOOK AT CIRCUMSTANTIAL EVIDENCE, THOUGH.
23 AND IN THIS CASE WE CAN DATE THE FINGERPRINTS THAT WE FOUND.
24 WHAT CAN WE PROVE AND WHAT DID WE PROVE REGARDING
25 FINGERPRINTS? DANIELLE VAN DAM'S LEFT HAND WAS ON THAT CABINET
26 WALL AT THE REAR OF THE MOTOR HOME. JUST ARM'S LENGTH UP FROM
27 THE BED. NO DISPUTE. JEFF GRAHAM CAME IN AND SAID IT WAS
28 HIM -- OR SAID IT WAS DANIELLE. AND THE ARIZONA FELLOW, CAN'T
9443
1 COME UP WITH THE NAME RIGHT NOW, CONFIRMED THE IDENTIFICATION.
2 IT'S HER PRINT.
3 TELLS US SOMETHING ELSE, TOO. SHE WAS ALIVE WHEN
4 SHE WAS IN THAT MOTOR HOME. SHE WAS ALIVE WHEN SHE PLACED THAT
5 PRINT THERE. HOW IT GOT THERE, WHERE IT GOT THERE, THE FORCE,
6 THE STRENGTH OF THAT FINGERPRINT, SHE WAS ALIVE LAYING ON THAT
7 BED.
8 EACH OF YOU WENT INTO THAT MOTOR HOME. SOME OF YOU
9 HAD DIFFICULTY GETTING THAT DOOR OPEN. IT WAS SO TOUGH TO OPEN.
10 SOME OF YOU HAD TO PULL ONCE OR TWICE. SOME OF YOU EVEN NEEDED
11 LEVERAGE TO GET IN, TO STEP UP TO THAT MOTOR HOME WITH THE STEPS
12 OUT AND WALK IN. NOT MANY JURIES GET TO GO TO THE CRIME SCENE.
13 GET TO, MAYBE THAT'S NOT THE RIGHT WORD, HAVE TO GO TO THE CRIME
14 SCENE AND SEE WHERE SHE WAS KILLED.
15 WE DON'T KNOW WHERE YOU WENT INSIDE THAT MOTOR
16 HOME. WE WERE CERTAINLY OUTSIDE. SOME OF YOU STAYED A
17 REASONABLE AMOUNT OF TIME, SOME OF YOU RUSHED RIGHT THROUGH IT.
18 I'M GOING TO ASSUME THAT MOST OF YOU GOT TO THE REAR OF THAT
19 MOTOR HOME AND STOOD AT THE FOOT OF THAT BED AND SAW WHAT WAS IN
20 THAT ROOM AND SAW THE POWDER ON THE WALL WHERE SHE STRUGGLED.
21 AND YOU SAW HOW NARROW THE WALKWAYS WERE TO GET AROUND THERE.
22 MAYBE SOME OF YOU EVEN TRIED TO PUT YOUR HAND UP THERE IN A WAY
23 TO LEAVE THE PRINT THE WAY SHE DID. AND SAW HOW DIFFICULT, IF
24 NOT IMPOSSIBLE, IT WOULD BE TO DO STANDING IN THAT HALLWAY. A
25 LOT EASIER IF YOU'RE ON YOUR BACK ON THAT BED STRUGGLING. SHE
26 WAS ALIVE WHEN SHE PUT THAT THERE.
27 THERE IS NO CROSS-CONTAMINATION. THERE IS NO
28 TRANSFER WITH FINGERPRINTS. THERE IS NO DISPUTE THAT IT WAS HER
9444
1 FINGERPRINT. THE PRINTS APPARENTLY CAN BE CHECKED AND HAVE BEEN
2 RELEASED TO DEFENSE EXPERTS.
3 WHEN DID IT GET THERE? IT GOT THERE THAT WEEKEND
4 JUST LIKE ALL THE REST OF THE EVIDENCE, FEBRUARY 2ND THROUGH
5 4TH. NO EVIDENCE, NO TESTIMONY THAT SHE'D EVER BEEN IN THAT
6 MOTOR HOME BEFORE, THAT ANYONE UNINVITED HAD BEEN IN THAT MOTOR
7 HOME BEFORE. YOU SAW HOW TOUGH IT WAS TO OPEN THE DOOR. YOU
8 HEARD ALL THE PEOPLE SAY I'VE NEVER SEEN ANYBODY IN THERE. THE
9 PEOPLE THAT OUGHT TO KNOW, THE GIRLFRIEND, THE GUYS ACROSS THE
10 STREET, NEAL WESTERFIELD HIMSELF, NEVER BEEN IN THERE. THE
11 DEFENDANT, NO ONE'S BEEN IN THERE. HE KEEPS IT CLOSED. THE
12 DOOR'S NOT SITTING THERE WIDE OPEN. AND PROBABLY THE BEST PIECE
13 OF EVIDENCE, I'M NOT SURE I CAN FIND IT AT THIS POINT, BUT IT'S
14 THE AERIAL PHOTOGRAPH OF THE SABRE SPRINGS NEIGHBORHOOD. THE
15 ONE THAT SHOWS ALL THOSE HOUSES IN THAT AREA. ALL OF THOSE
16 POTENTIAL WITNESSES TO SEEING A CHILD IN THAT MOTOR HOME, AROUND
17 THAT MOTOR HOME. MY CHILD WAS THERE. I HAD TO PULL HER OUT ONE
18 DAY. NOT ONE, NO ONE HAS COME IN AND PROVEN WHAT THEY ARE
19 SPECULATING ABOUT. SHE DIDN'T GET IN THERE BEFORE. SHE DIDN'T
20 CROSS TWO STREETS TO GET OVER TO THAT MOTOR HOME. SHE DIDN'T DO
21 IT UNTIL HE TOOK HER THERE.
22 THE BLOOD EVIDENCE. AGAIN, NOT REFUTED AT ALL.
23 D. N. A. TESTED MULTIPLE TIMES, LOCALLY, OUTSIDE LAB. ONE IN A
24 GAZILLION WHATEVER THE NUMBER WAS. IT CAN BE RETESTED. THE
25 RESULTS ARE ACCURATE. IT WAS HER BLOOD IN THAT MOTOR HOME AND
26 ON THAT JACKET. YOU DO NOT TRANSFER BLOOD TO SOMEONE ELSE. YOU
27 DO NOT CROSS-CONTAMINATE BLOOD TO SOMEONE ELSE. AGAIN, IT SHOWS
28 SHE WAS ALIVE IN THAT MOTOR HOME WHEN IT DROPPED TO THE GROUND
9445
1 AND ON HIS JACKET. ACTUALLY, THIS SIDE I THINK. SHE WAS ALIVE
2 AND IT MAKES YOU WONDER IF WE'VE GOT ONE DROP ON HIS JACKET, ONE
3 DROP OUTSIDE OF THE BATHROOM FLOOR WHERE IS THE REST? WHERE IS
4 THE REST? HOW DO YOU JUST DROP ONE DROP ON THE FLOOR? YOU
5 DON'T. YOU DON'T. WHERE IS HIS CLOTHING? HE HAS TO GO INTO
6 THE CLEANERS IN HIS SKIVVIES. WHERE IS THE REST OF THE BLOOD?
7 THE BLOOD ON THE JACKET TELLS US, AS I SAID WHEN I
8 STARTED THIS MORNING, HE'S GUILTY AND HE KNOWS HE'S GUILTY, BUT
9 HE TOOK IT IN TO GET IT CLEANED, GET THIS REMOVED. GET THIS OUT
10 OF HERE.
11 IT WAS HARD TO SEE, HARD TO LOCATE. HE TRIED TO
12 GET RID OF IT BUT HE COULDN'T. I MAY NOT WANT TO BE TAKING MY
13 DRY CLEANING TO THAT CLEANERS ANYMORE. BUT MAYBE BLOOD CAN'T
14 COME OUT THAT EASY. MAYBE IT CAN'T. THANK GOD IT CAN'T. BOY,
15 ARE WE THANKFUL IT CAN'T.
16 HE TRIED TO DESTROY THE EVIDENCE THAT SHOWED THAT
17 HE COMMITTED THE MURDER OF A SEVEN-YEAR-OLD CHILD. ON THE
18 CARPET THE SAME THING, D. N. A. CONFIRMATION TWO LABS. NO
19 DISPUTE. IT'S HER BLOOD. SHE WAS ALIVE IN THAT MOTOR HOME. NO
20 CONTAMINATION. NO CROSS-CONTAMINATION, NO TRANSFER, NO LOCARD,
21 WHATEVER. IT'S HER BLOOD IN HIS MOTOR HOME AND SHE HAD NOT BEEN
22 IN THERE EARLIER.
23 WE HAD HEARD QUESTIONS OF DANIELLE'S MOTHER ABOUT
24 THIS DOG SCRATCH ON HER BACK THAT DIDN'T CAUSE ANY BLOOD AND
25 SHE, YOU KNOW, WENT OFF IN THE ROOM MAD ONE DAY BECAUSE SHE WAS
26 REACTING HOWEVER SHE WAS REACTING, BUT THERE WAS NO BLOOD. AND
27 THE MOTOR HOME WASN'T IN THE NEIGHBORHOOD THAT TIME ANYWAY. WE
28 SAW FROM THE CHART HERE THAT THE MOTOR HOME HADN'T EVEN BEEN
9446
1 THERE FOR A MONTH OR SO, A MONTH OR MORE. AND WE HAVE AN
2 ATTEMPT TO QUESTION TO TRY TO PULL ONE BY, THE ONE INTERVIEW
3 SPECIALIST WHO WAS HERE IN THE WHEELCHAIR, I'M SORRY, I CAN'T
4 REMEMBER HIS NAME RIGHT NOW, BUT HE'S THE ONE THAT INTERVIEWED
5 BRENDA VAN DAM, AND THE QUESTION WAS ASKED ABOUT WELL, SHE BLED
6 FROM THE SCRATCH ON HER LEG. DO YOU REMEMBER THE QUESTIONS
7 BEING ASKED ABOUT THAT? WHOA, NO ONE EVER SAID SCRATCH ON THE
8 LEG. THERE WAS SUPPOSED TO BE A SCRATCH ON THE BACK AND THERE
9 WAS NO BLOOD. THE EVIDENCE IN THIS CASE SHOWS THAT SHE WAS NOT
10 IN THAT MOTOR HOME AND SHE WAS NOT BLEEDING IN THAT MOTOR HOME.
11 DANIELLE'S HAIR, D. N. A. ALSO, MITOCHONDRIAL D. N.
12 A., TWO SOURCES, AGAIN SHOWS YOU THE SOURCE OF THAT BLOOD.
13 OBVIOUSLY FROM MITOCHONDRIAL D. N. A. IT PASSES DOWN IN MATERNAL
14 LINES. IT COULD EITHER BE HER MOTHER'S HAIR WHICH IS TREATED,
15 AND THIS HAIR WASN'T, OR IT COULD BE ONE OF THREE INDIVIDUALS,
16 DANIELLE OR THE TWO BROTHERS. HAIR'S NOT LONG ENOUGH. HAIR'S
17 NOT LONG ENOUGH TO BE THE BROTHERS'. IT'S HERS.
18 WHEN WAS THE HAIR PUT THERE? WE CAN TELL BECAUSE
19 OF LENGTH. SHE GOT THE HAIRCUT ON THE 25TH OR 26TH OF JANUARY.
20 THE RECEIPTS ARE HERE. SHE HAD FOUR INCHES REMOVED FROM HER
21 HAIR. USED TO BE 12 INCHES, NOW IT'S EIGHT INCHES. WE GAVE YOU
22 THE CHARTS THAT SHOWS HOW THEY MEASURED THE HAIR AND WHAT IT
23 CAME OUT TO WITH THE ROOTS. EIGHT INCHES AND A FRACTION WAS THE
24 LONGEST. NO 12 INCHES HAIR. NO 12 INCH LONG HAIR. YOU ALSO
25 HEARD DURING THE AUTOPSY HER HAIR WAS ABOUT EIGHT INCHES LONG.
26 WE CAN DATE THE HAIR AND WHEN IT GOT THERE WITHIN THE WEEK, AND
27 THE MOTOR HOME HADN'T BEEN THERE WITHIN THE WEEK. WE LEARNED
28 THAT SOME OF THEM HAD THE ROOTS IN IT. AND WE HEARD WHEN YOU
9447
1 GET THE ROOTS, IT'S LIKELY TO HAVE BEEN FORCIBLY REMOVED, NOT
2 JUST COMBING OUT. FORCIBLY REMOVED WHEN WE SEE THE ROOTS. AND
3 WE'VE GOT ROOTS.
4 WE'VE GOT ROOTS IN THE SINK OF HIS MOTOR HOME. THE
5 SINK OF HIS MOTOR HOME. HOW DID IT GET THERE? THAT WILL BE IN
6 A MOMENT. WHERE DID WE FIND HER HAIR? IN HIS HOUSE, HIS
7 BEDROOM; PILLOWCASE, FLAT SHEET, FITTED SHEET, IN THE LAUNDRY
8 ROOM, IN THE LINT BALL, IN THE MOTOR HOME, IN THE SINK, THE BATH
9 MATH, THE HALL CARPET, HER HAIR.
10 AND YOU LOOK AT THE NUMBERS. ON ONE OF THESE
11 CHARTS WE HAVE THE NUMBERS. IF THIS HAIR IS JUST FALLING OUT
12 WILLY-NILLY, SHE'D BE BALD IN A WEEK. SHE'D BE BALD IN A WEEK
13 IF THAT MUCH HAIR WAS FALLING OUT. IN THE LITTLE AMOUNT OF TIME
14 SUPPOSEDLY SHE WENT THROUGH THE R. V. WE'VE GOT LAYLA'S HAIR,
15 THE DOG'S HAIR, CONFIRMED AGAIN D. N. A., MITOCHONDRIAL D. N.
16 A., ONE IN 15 OR WHATEVER. NOT A HUGE NUMBER. BUT YOU KNOW
17 IT'S HER HAIR. THE CIRCUMSTANCES TELL YOU IT'S HER HAIR. SAME
18 COLOR, SAME SIZE, SAME SHAPE, SAME OVOID BODIES.
19 THERE ARE OTHER DOGS OUT THERE THAT LOOK LIKE IT.
20 APPARENTLY ONE IN 15. YOU BRING IN 30 DOGS AND YOU'RE LIABLE TO
21 FIND TWO. WELL, THEY BETTER FIND ANOTHER ONE IN THAT
22 NEIGHBORHOOD ASSOCIATED WITH DANIELLE VAN DAM THAT GOT INTO HIS
23 MOTOR HOME OR SHE TOOK IN THE MOTOR HOME. THE DOG NEVER GOT IN
24 ANYWAY. IT CAME IN OFF OF HER.
25 THE FIBERS. BASICALLY WE HAVE THREE TYPES OF
26 FIBERS, DON'T WE? YOU'VE HEARD OF THE TWO BIG ONES WE'RE
27 TALKING ABOUT, BUT WE ALSO HAVE THE CARPET FIBERS FROM HER
28 HOUSE, VAN DAM HOUSE. ACTUALLY, THOUGH, TOOK A SAMPLE OUT OF
9448
1 HER ROOM. IT'S FAIR TO SAY THAT I WOULD IMAGINE THE ENTIRE
2 HOUSE WAS CARPETED THE SAME WAY. THEY JUST TOOK IT OUT OF HER
3 BEDROOM, SO IT COULD HAVE COME FROM ANYWHERE IN HER HOUSE. THEY
4 MADE THE MATCHES. THEY MADE THE COMPARISONS.
5 AND AGAIN, FIBERS CANNOT BE ABSOLUTELY IDENTIFIED
6 AS BEING A PERFECT MATCH. AND THAT MAKES SENSE. THE PEOPLE WHO
7 MAKE THESE FIBERS ARE BACK IN NORTH CAROLINA, VIRGINIA, WHEREVER
8 THEY DO THIS STUFF, AND THEY RUN OFF A BOLT OF THINGS AND THEY
9 MAKE ALL THEIR CARPETS OR SHIRTS OR SLEEVES OR PANTS OR
10 WHATEVER. YOU GO OUT AND YOU BUY TWO BLUE SHIRTS AND THEY'RE
11 GOING TO BE THE SAME FIBERS. THAT'S A GIVEN. BUT THE
12 SIMILARITIES HERE ARE INCREDIBLE. SAME SIZE, SAME SHAPE, SAME
13 COLOR, SAME COMPOSITION, SAME CHEMICALS. WHAT A COINCIDENCE
14 THAT WE'RE FINDING THE SAME THINGS THROUGHOUT.
15 AND WE EVEN HAVE ONE BETTER ON THE ORANGE FIBERS.
16 NOT ONLY DO WE HAVE ALL OF THOSE, BUT THERE WAS ONE ADDITIONAL
17 FACTOR THAT THE LADIES AT THE LAB TOLD US. THOSE FIBERS WERE
18 DECOMPOSED. SOMETHING HAD HAPPENED TO THOSE FIBERS. IT WASN'T
19 PERFECT FIBERS LIKE OUT OF THE MILL. IT HAD DECOMPOSED.
20 SOMETHING HAD HAPPENED TO IT, AND EACH ONE OF THOSE THAT THEY
21 COMPARED HAD THAT SAME DECOMPOSITION. THAT'S A REAL GOOD MATCH.
22 AND YOU LOOK AT WHERE THEY WERE FOUND, THAT ORANGE
23 FIBER, IT'S A START ON DANIELLE'S CHOKER. IN HER CHOKER. SAME
24 CHOKER WE SEE. CAN WE DATE THIS FIBER? ORDINARILY YOU'D SAY
25 NO. THEY COULD HAVE BEEN THERE ANY TIME, THEORETICALLY, YES.
26 BUT WE KNOW MORE CIRCUMSTANCES THAT HELPS US DATE THIS ORANGE
27 FIBER ON HER NECKLACE. YOU RECALL IT WAS WRAPPED IN SOME OF HER
28 HAIR THERE, TIED IN THERE ALL TOGETHER.
9449
1 NOW WE'VE HEARD, I SUPPOSE, HOW IT CAN'T BE DATED.
2 WE'VE HEARD HOW THE ORANGE FIBERS GO BACK TO HIS HOUSE, HIS
3 PROPERTY AND HOW SHE WAS OVER THERE SELLING COOKIES THAT WEEK
4 AND MAYBE THAT'S HOW WE CROSS-CONTAMINATED, CROSS-TRANSFERRED
5 SOMETHING. BUT FOR THAT TO BE TRUE WE'D ALSO HAVE TO BELIEVE
6 THAT SHE DIDN'T SHOWER THE REST OF THAT WEEK. SHE DIDN'T BATHE
7 THE REST OF THAT WEEK. TO GO TO SCHOOL, WHEN SHE CAME HOME FROM
8 SCHOOL, TO GO TO BED AT NIGHT, TO GET READY FOR ANYTHING, SHE
9 DIDN'T BATHE AND CLEAN HERSELF. THAT'S HOW LONG IT WOULD STILL
10 HAVE TO BE ON HER NECK IF THAT'S HOW SHE GOT IT OVER AT HIS
11 HOUSE SELLING COOKIES. WE KNOW THAT'S NOT TRUE.
12 YOU LOOK AT THE BLUE FIBERS AND WHERE THEY WERE
13 FOUND. WE CAN DATE THOSE ALSO. THE BLUE FIBERS CAME OFF A NUDE
14 BODY AT DEHESA. SOMETHING WAS UP AGAINST HER LEAVING THOSE BLUE
15 FIBERS ON. AND SHE WAS NAKED DOWN THERE. SHE WAS WRAPPED IN
16 SOMETHING OR COVERED WITH SOMETHING, AND THAT SAME THING WAS AT
17 ALL THESE OTHER LOCATIONS EVERYWHERE WE SEE THE BLUE, THE SAME
18 BLUE FIBERS.
19 LET ME TAKE THIS ONE DOWN AND TELL YOU WHAT I THINK
20 YOU CAN LEARN FROM THE PHYSICAL EVIDENCE, WHERE IT WAS FOUND AND
21 HOW WE FOUND IT.
22 STARTING WITH THE AUTOPSY PHOTO OF DANIELLE VAN
23 DAM. THAT'S THE PHOTOGRAPH THAT WE HAVE THERE ON THE BOARD, THE
24 SAME ONE WE'VE USED HERE IN COURT. NOT FUN TO LOOK AT. BUT
25 FROM THAT BODY DANIELLE VAN DAM GAVE US CLUES. SHE GAVE US THE
26 ORANGE FIBER FROM HER NECKLACE. SHE GAVE US THE BLUE FIBERS
27 FROM THE BLANKET FROM HER BACK, FROM HER HEAD. SHE GAVE UP HER
28 HAND TO GIVE US HER FINGERPRINT, THE ONLY KNOWN PRINT WE ARE
9450
1 ABLE TO GET FROM HER. SHE GAVE US HER D. N. A., NOT BLOOD
2 BECAUSE SHE DIDN'T HAVE ANY. WE GOT THE D. N. A. FROM HER RIB.
3 THAT'S THE KNOWN SOURCE THAT WAS USED. FROM THOSE SOURCES, FROM
4 DANIELLE HERSELF SHE HELPS US SOLVE THIS CASE.
5 WE GO TO THE DEFENDANT'S BEDROOM. WHAT DO WE FIND?
6 WE FIND THE ORANGE FIBER FROM HER NECKLACE, FROM HER CHOKER, ON
7 A PILLOW. WHAT PRESUMABLY HAD BEEN COVERED WITH A COMFORTER.
8 WE HAVE DANIELLE'S HAIR FOUND ON THE PILLOW, FOUND ON THE FLAT
9 SHEET, FOUND ON THE FITTED SHEET FROM HIS BEDROOM.
10 WHAT WAS GOING ON THERE? WHAT WAS GOING ON THERE?
11 ESPECIALLY WHEN YOU FACTOR IN CHRISTINA HOEFF'S TESTIMONY THAT
12 THAT NIGHT THE BLINDS WERE CLOSED. SHE NOTICED AT 2 O'CLOCK IN
13 THE MORNING THE BLINDS WERE CLOSED. NOBODY HAD BETTER BE
14 LOOKING IN HERE. THE DEFENSE TRIED TO GET AROUND THAT WITH
15 SUSAN LELEK WHO SAID HEY, WE ALWAYS CLOSE THE BLINDS WHEN WE GO
16 ON A TRIP. OKAY, MAYBE YOU DO. HE DIDN'T GO ON THE TRIP TILL
17 THE MORNING. HE'S GOT NO BUSINESS CLOSING THOSE BLINDS THAT
18 NIGHT, UNLESS HE DIDN'T WANT ANYBODY TO SEE WHAT HE WAS DOING TO
19 THIS CHILD IN THAT ROOM UNDERNEATH THAT COMFORTER.
20 ALSO IN THE HOUSE IN THE LAUNDRY ROOM, SAME
21 PICTURES WE HAVE HERE IN COURT. THE WASHER, THE DRYER, ON TOP
22 OF THE DRYER. THE ORANGE FIBER FROM HER NECKLACE FOUND IN ALL
23 THREE LOCATIONS. OBVIOUSLY, WE DON'T KNOW WHERE IT CAME FROM.
24 THERE'S TOO MANY THINGS IN THE WASHER AND THE DRYER. MAYBE IT
25 WAS ALL STARTED OVER AT THE WASH AND GOT MOVED DOWN. YOU CAN'T
26 TELL. BUT IT WAS THERE. IT WAS THERE IN THE LAUNDRY ROOM. WE
27 KNOW THE WASHER, I BELIEVE IT IS NO. 5, THAT THE COMFORTER FROM
28 THE BED WAS THERE, AND THE BEDDING AND THE CLOTHING THAT HAD THE
9451
1 GRASS LIKE SUBSTANCE IN EACH AND EVERY LOCATION WE FOUND ORANGE
2 FIBERS. AND I WOULD URGE YOU TO GO THROUGH THE EVIDENCE THAT
3 HAS BEEN ADMITTED AND SEE THE NUMBERS OF THE FIBERS.
4 WE HAVE THE BLUE FIBERS FROM THE BODY BAG THAT COME
5 BACK TO THAT LAUNDRY ROOM AT EACH LOCATION, JUST LIKE THE ORANGE
6 FIBERS. WE'VE GOT HAIR FROM LAYLA FOUND IN THE -- I BELIEVE
7 THAT'S THE TOP OF THE DRYER, THE MIDDLE PHOTOGRAPH. HOW'D THAT
8 GET THERE? WAS LAYLA IN THE HOUSE? NO.
9 IF YOU RECALL THE TESTIMONY OF DANIELLE'S MOTHER,
10 DANIELLE WOULD GET IN HER JAMMIES AND WOULD HORSE AROUND WITH
11 THE DOG, LAY ON THE FLOOR, PLAY WITH THE DOG A LITTLE BIT AT
12 NIGHT BEFORE SHE GOES TO BED. AND THE DOG HAIRS WOULD GET ON
13 YOU. LOCARD THEORY OF TRANSFER. SHE'S PICKED UP IN HER
14 PAJAMAS, TAKEN TO HIS BEDROOM AND THEN WE START LOSING FIBERS.
15 THAT'S HOW THE DOG HAIRS GET OVER HIS HOUSE, NOT BECAUSE LAYLA'S
16 RUNNING THROUGH THE HOUSE. WE'VE GOT DANIELLE'S HAIR FOUND IN
17 THE LAUNDRY ROOM. IN TWO OF THOSE SOURCES, HER OWN HAIR. SHE'S
18 SPEAKING TO US, TO US ALL.
19 ALSO IN THE GARAGE THERE WAS A TRASH CAN. IT'S ON
20 EXHIBIT 106 I BELIEVE. IT'S THE TRASH CAN WITH THE NO. 13 ON IT
21 UP BY THE DOOR TO THE TRASH CAN -- OR TO THE GARAGE THAT LEADS
22 INTO THE HOUSE. CLOSE UP VIEW OF THE TRASH CAN. INSIDE WAS THE
23 LINT BALL FROM WHICH MANY OF THESE ITEMS CAME FORWARD.
24 GOING THROUGH THE BOARDS THAT WE HAVE HERE, THANK
25 GOODNESS SOMEBODY TOOK THE TIME TO GO THROUGH LINT BALLS IN A
26 TRASH CAN AND FOUND WHAT THEY FOUND.
27 IT KEEPS GETTING BETTER. WE THEN MOVE TO THE S. U.
28 V. AND, IF YOU RECALL, THERE IS A CLOSE-UP VIEW OF THE S. U. V.,
9452
1 THE PHOTOGRAPH IN THE LOWER RIGHT HAND CORNER WHICH WILL
2 COINCIDE WITH EVIDENCE HERE IN COURT. DOWN UNDERNEATH THAT
3 DIVIDER, THE BIG OLD VACUUM CLEANER. HE'S TAKING IT UP TO THE
4 R. V. TO CLEAN IT UP. THAT YELLOW BAG ON THE TOP OF THAT
5 DIVIDER. WELL, I GUESS THAT LITTLE SECURITY THING YOU PULL OFF
6 SO PEOPLE CAN'T SEE UNDER THE REAR OF YOUR S. U. V., LAUNDRY
7 BAG, INSIDE IS A TOWEL. ORANGE FIBERS IN THERE THAT MATCH HER
8 CHOKER. ORANGE FIBERS IN THE REAR SEAT OF THE S. U. V. ON THE
9 ARMREST OF THE S. U. V., AND I BELIEVE THERE WAS ONE IN THE
10 PASSENGER SEAT OF THE S. U. V. OF IMPORTANCE, THERE'S NOTHING
11 IN THE DRIVER'S SEAT. NOTHING OVER THERE.
12 MORE MATCHES. THAT'S HOW HE TOOK HER FROM THE
13 HOUSE TO THE R. V., SOMEHOW WITH THIS ORANGE STUFF AROUND HER.
14 WE GET IN THE MOTOR HOME, AND IT WAS ACTUALLY DIVIDED IN HALF.
15 ON THE LEFT-HAND SIDE WE'VE GOT A FLOOR PLAN, A DIAGRAM OF THE
16 MOTOR HOME. AND THAT'S LOOKING AT THE TOP, THE FRONT PORTION OF
17 THE MOTOR HOME. DRIVER'S SEAT, WORKING OUR WAY BACK THROUGH
18 THE -- BEFORE WE EVEN GET TO THE BATHROOM AND BEDROOM. ON THE
19 RIGHT SIDE WE HAVE PHOTOGRAPHS THAT WERE USED HERE IN COURT
20 REGARDING WHAT IT LOOKS LIKE. WE'VE GOT BLUE FIBERS FROM THE
21 BODY BAG IN THE FRONT PART OF THE MOTOR HOME, ON THE FRONT
22 PASSENGER SEAT, ON THE COUCH, ON THE TWO SEATS AROUND THE TABLE.
23 WHATEVER THE BLUE ITEM WAS THAT WAS LEAVING FIBERS ON HER BODY
24 WAS ALSO IN THAT MOTOR HOME. AND NOW WE GO TO THE REAR OF THE
25 MOTOR HOME WHERE YOU FOLKS STOOD, PROBABLY MOST OF YOU, MAYBE
26 NOT ALL OF YOU, AND SAW WHAT YOU SAW.
27 WHEN YOU WALKED INTO THAT MOTOR HOME DID YOU
28 REALIZE WHERE THE BLOOD WAS ON THE FLOOR? DID YOU KNOW THAT YOU
9453
1 HAD TO WALK RIGHT OVER IT? DID YOU SEE THE SINK WHERE HER HAIR
2 WAS? WE'VE GOT THE REAR OF THAT MOTOR HOME COVERED WITH
3 DANIELLE VAN DAM AND HER EVIDENCE. WE'VE GOT FINGERPRINT BACK
4 BY THE BED. WE'VE GOT HER BLOOD IN THE HALLWAY RIGHT OUTSIDE
5 THE BATHROOM. A SMALL DROP, PERHAPS A QUARTER OF AN INCH
6 DIAMETER, REAL HARD TO SEE, DARK CARPETING, DARK BLOOD, HARD TO
7 FIND. GREAT JOB, ANNETTE PEER AND THE PEOPLE AT THE LAB.
8 WE'VE GOT LAYLA'S HAIR IN THE SAME SPOT VIRTUALLY
9 IN THE HALLWAY. ALSO ON THE MAT IN THE BATHROOM. WE'VE GOT VAN
10 DAM CARPET ON THE MAT IN THE BATHROOM, IN THE HALLWAY AND BACK
11 BY THE BED. WE'VE GOT DANIELLE'S HAIR SCATTERED THROUGHOUT THE
12 REAR OF THAT MOTOR HOME, IN THE HALLWAY, ON THE FLOOR BATH MAT
13 BY THE TOILET, AND A ROOT WITH HER HAIR IN THE SINK.
14 WHAT WAS HE DOING? WAS HE CLEANING HER UP?
15 GETTING RID OF THE D. N. A.? GETTING RID OF THE EVIDENCE THAT
16 WOULD INCRIMINATE HIM? SOMETHING HAPPENED IN THAT HALLWAY.
17 SOMETHING HAPPENED THERE AND SOMETHING HAPPENED IN THAT BED.
18 WE'VE GOT BLUE FIBERS ON THE HEADBOARD. WHAT'S THAT TELL YOU?
19 WHAT DO THE BLUE FIBERS AND THE FINGERPRINTS TELL YOU BY THE
20 BED?
21 YOU'VE GOT THE TWO INDIVIDUALS WHO TESTIFIED ABOUT
22 IT. JENNIFER SHEN WHO TOLD US ABOUT THE BLUE FIBER COMPARISON
23 AND JEFF GRAHAM WHO FOUND THE FINGERPRINTS THERE. AND IF YOU GO
24 BACK TO THE BLUE FIBERS FOUND IN HER HAIR, YOU KNOW WHAT WAS
25 HAPPENING TO HER BACK BY THAT HEADBOARD, HOW THE CONTACT WAS
26 BEING MADE AGAINST THAT HEADBOARD, (D.D.A. BANGS FIST AGAINST
27 JURY RAIL THREE TIMES) WITH HER HAIR LEAVING THE BLUE FIBERS
28 AGAINST THAT. HER HAND UP AGAINST THE WALL WHILE SHE'S STILL
9454
1 ALIVE. HORRIBLE. THAT'S WHAT HE DID. THAT'S WHAT HE DID IN
2 THIS CASE.
3 WE KNOW ALL OF THIS WAS NOT TRANSFERRED. WE KNOW
4 SHE DIDN'T COME INTO THAT MOTOR HOME LOSING HAIR, LOSING BLOOD,
5 PUTTING FINGERPRINTS HERE, DROPPING DOG HAIR THERE. WE KNOW SHE
6 DIDN'T LEAVE HER STUFF UNDERNEATH HIS COMFORTER IN HIS BEDROOM.
7 WHY DO WE SEE IT IN THE SAME SPOT, BED IN HIS HOUSE, BED IN HIS
8 R. V.? NAKED BODY AT DEHESA. THAT'S WHY HE GOT OUT OF TOWN.
9 THAT'S WHY HE TOOK THAT HORRIBLE DRIVE, 550 MILES OR SO IN 48
10 HOURS. THAT'S WHAT THE EVIDENCE MEANS IN THIS CASE.
11 THERE HAVE BEEN TIMES, AND APPROPRIATELY ENOUGH,
12 WHERE THERE'S BEEN SOME LEVITY IN THIS COURTROOM. THERE HAS TO
13 BE. THERE'S BEEN TIMES FOR THE LAUGHTER, BREAKING THE MOOD, I
14 SUPPOSE. THAT TIME'S OVER. THAT TIME IS OVER. IT'S NOW TIME
15 TO FOCUS ON DANIELLE VAN DAM AND WHAT THE DEFENDANT DID TO HER
16 THAT WEEKEND. IT'S TIME.
17 THE EVIDENCE TELLS US WHAT WE DON'T WANT TO HEAR.
18 EVERY BIT OF THIS EVIDENCE TELLS US WHAT WE DON'T WANT TO HEAR.
19 WE DON'T WANT TO HEAR THAT THE 50 YEAR-OLD MAN TWO DOORS DOWN
20 KILLED A SEVEN-YEAR-OLD CHILD. BUT HE DID.
21 WE DON'T WANT TO HEAR ABOUT THE LAST HOURS OF HER
22 LIFE. AND UNFORTUNATELY, WE HAVE NO DESCRIPTION OF THAT. WE'VE
23 GOT PHYSICAL EVIDENCE THAT PERHAPS EVEN PAINTS A STRONGER
24 PICTURE.
25 WE DON'T WANT TO HEAR HOW HE TOOK HER OUT OF HER
26 OWN BED AND TOOK HER TO HIS AND THEN TO HIS BED IN THE R. V.
27 BUT HE DID. WE DON'T WANT TO HEAR ABOUT THAT.
28 SHE STRUGGLED AS WE CAN SEE. SHE FOUGHT AS WE CAN
9455
1 SEE. SHE BLED. SHE LEFT HER FINGERPRINTS. SHE LEFT HER HAIR.
2 THIS WAS NOT AN EASY TIME. THIS WAS NOT FAST, BUT IT WORKED.
3 WE'LL NEVER KNOW, AND AGAIN, IT'S PROBABLY BEST THAT WE DON'T,
4 WHETHER SHE SCREAMED OUT LIKE THOSE GIRLS IN THE VIDEOS. DID
5 SHE MAKE ANY NOISE?
6 TO MAKE MATTERS WORSE, IF THAT WASN'T BAD ENOUGH,
7 HE TRIED TO GET RID OF ALL OF THE EVIDENCE, CLEAN UP THE
8 EVIDENCE, CLEAN UP THE MOTOR HOME, CLEAN UP HIS CLOTHES, GET RID
9 OF THE CLOTHES, GET AWAY WITH THIS CRIME, TAKE A JACKET TO THE
10 CLEANERS. MAYBE THEY'LL NEVER FIND IT. TOSS THE PAJAMAS, LOSE
11 THE BOOTS, HIDE THE ORANGE AND BLUE OBJECT, BLAME YOUR SON. HE
12 IS GUILTY OF THESE CRIMES, OF THIS ULTIMATE EVIL HE COMMITTED.
13 HE'S GUILTY TO THE CORE.
14 THE COURT: ALL RIGHT.
15 MR. FELDMAN, DO YOU DESIRE A SHORT BREAK TO SET UP
16 THE COURTROOM?
17 MR. FELDMAN: PLEASE, YES.
18 THE COURT: ALL RIGHT.
19 LADIES AND GENTLEMEN, WE ARE GOING TO GO AHEAD AND
20 TAKE A BREAK SO MR. FELDMAN CAN SET UP FOR HIS ARGUMENT.
21 PLEASE REMEMBER THE ADMONITION OF THE COURT NOT TO
22 DISCUSS ANY OF THE EVIDENCE OR TESTIMONY AMONG YOURSELVES OR
23 WITH OTHERS, NOR FORM OR EXPRESS ANY OPINIONS ON THE CASE TILL
24 IT IS SUBMITTED TO YOU.
25 PLEASE BE OUTSIDE THE DOOR AT 3:20. 3:20, PLEASE.
26 (AT 3:07 P.M. THE COURT WAS IN
RECESS UNTIL 3:20 P.M.)
27
28
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