TRIAL DAY 19 – PART 2 – morning 2
SAN DIEGO, CALIFORNIA, WEDNESDAY, JULY 10, 2002, (morning 2)
WITNESSES:
Susan L. (ex-girl friend, testified about her relationship with Westerfield)
William Holmes (detective San Diego police, testified about when Westerfield became a suspect, surveillance and misc.)
7867
1 THE COURT: WELCOME BACK, LADIES AND GENTLEMEN.
2 ALL RIGHT. MR. BOYCE.
3 MR. BOYCE: DEFENSE CALLS SUSAN L.
4 THE COURT: LADIES AND GENTLEMEN, THIS IS AN ADULT.
5 WE’RE USING HER LAST INITIAL, HOWEVER, BECAUSE SHE IS THE MOTHER
6 OF ONE OF THE JUVENILES THAT HAS TESTIFIED. SO THAT’S THE
7 REASON WE’RE DOING THIS.
8
9 -SUSAN L., +
10 DEFENDANT’S WITNESS, HAVING BEEN SWORN, TESTIFIED AS FOLLOWS:
11
12 THE COURT: PLEASE HAVE A SEAT, MA’AM.
13 MR. BOYCE.
14
15 DIRECT EXAMINATION +
16 BY MR. BOYCE:
17 Q.: GOOD MORNING, MA’AM.
18 A.: GOOD MORNING.
19 Q.: COULD YOU PLEASE STATE YOUR FIRST NAME, SPELL YOUR
20 FIRST NAME AND THE LAST INITIAL OF YOUR — THE FIRST INITIAL OF
21 YOUR LAST NAME?
22 A.: SUSAN L., S-U-S-A-N.
23 Q.: WERE YOU THE MOTHER OF DANIELLE WHO TESTIFIED
24 EARLIER?
25 A.: YES.
26 Q.: ALSO OF CHRISTINE?
27 A.: YES, I AM.
28 Q.: DO YOU KNOW A PERSON BY THE NAME OF DAVID
7868
1 WESTERFIELD?
2 A.: YES.
3 Q.: DO YOU SEE HIM IN COURT HERE?
4 A.: YES, I DO.
5 Q.: IS THIS THE GENTLEMAN I HAVE MY HAND ON?
6 THE COURT: WE’VE GOT A LITTLE HEARING PROBLEM HERE.
7 MA’AM, WOULD YOU GET A LITTLE CLOSER? MAYBE EVEN
8 PULL THE MICROPHONE DOWN. SPEAK RIGHT INTO IT. THANK YOU.
9 ALL RIGHT, MR. BOYCE.
10
11 BY MR. BOYCE:
12 Q.: IS THIS MR. WESTERFIELD?
13 A.: YES.
14 Q.: HOW DID YOU MEET MR. WESTERFIELD?
15 A.: I MET HIM AT THE BIG STONE IN POWAY.
16 Q.: THE BIG STONE LODGE?
17 A.: YES.
18 Q.: AND HOW DID YOU MEET MR. WESTERFIELD AT THE BIG
19 STONE LODGE?
20 A.: THROUGH A FRIEND.
21 Q.: WHO WAS THE FRIEND?
22 A.: GLENNIE.
23 Q.: WAS THERE ALSO ANOTHER FRIEND THAT YOU HAD, GARRY
24 HARVEY?
25 A.: YES.
26 Q.: DID YOU ALSO KNOW HIM FROM THE BIG STONE LODGE?
27 A.: YES.
28 Q.: ABOUT HOW LONG AGO WAS IT THAT YOU MET MR.
.
7869
1 WESTERFIELD?
2 A.: I WOULD SAY PROBABLY ABOUT THREE AND A HALF, FOUR
3 YEARS AGO.
4 Q.: AFTER YOU MET HIM DID YOU HAVE A DATING
5 RELATIONSHIP WITH HIM?
6 A.: YES.
7 Q.: WHEN DID THAT BEGIN?
8 A.: PROBABLY TWO WEEKS AFTER WE MET.
9 Q.: DID YOU LIVE WITH MR. WESTERFIELD?
10 A.: YES, I DID.
11 Q.: HOW LONG DID YOU LIVE WITH MR. WESTERFIELD?
12 A.: FOR ABOUT I WOULD SAY CLOSE TO A YEAR.
13 Q.: CAN YOU GIVE US A APPROXIMATE TIMEFRAME WHEN — THE
14 TIME THAT YOU LIVED WITH MR. WESTERFIELD?
15 A.: WE STARTED LIVING TOGETHER SHORTLY AFTER WE MET,
16 TWO WEEKS AFTER WE MET.
17 Q.: WERE YOU FAMILIAR WITH MOTOR HOMES THAT MR.
18 WESTERFIELD HAD?
19 A.: YES.
20 Q.: DID HE HAVE MORE THAN ONE MOTOR HOME?
21 A.: YES.
22 Q.: IN OTHER WORDS, DID HE SELL ONE MOTOR HOME AND BUY
23 A NEW MOTOR HOME?
24 A.: YES.
25 Q.: DO YOU KNOW WHEN THAT HAPPENED APPROXIMATELY?
26 A.: APPROXIMATELY TWO YEARS AGO.
27 Q.: DID YOU GO CAMPING WITH DAVID WESTERFIELD?
28 A.: YES.
.
7870
1 Q.: ABOUT HOW OFTEN DID YOU GO CAMPING WITH HIM?
2 A.: I COULDN’T EVEN COUNT. WE WENT QUITE OFTEN.
3 Q.: WAS THIS IN THE MOTOR HOME?
4 A.: YES.
5 Q.: IN THE NEWER MOTOR HOME?
6 A.: IN BOTH.
7 Q.: AND WHO WOULD YOU GO CAMPING WITH BESIDES YOU AND
8 DAVID WESTERFIELD?
9 A.: MY CHILDREN.
10 Q.: IS THAT DANIELLE AND CHRISTINE?
11 A.: AND MY OLDEST SON WOULD GO AT TIMES AND MY
12 DAUGHTER’S FIANCE.
13 Q.: WERE THERE TIMES THAT YOU WERE AWARE MR.
14 WESTERFIELD WOULD GO CAMPING IN THE MOTOR HOME ALONE?
15 A.: YES.
16 MR. DUSEK: OBJECTION, SPECULATION, HEARSAY.
17 THE COURT: SUSTAINED. LAY THE FOUNDATION, I’LL ALLOW
18 THE AREA OF INQUIRY.
19
20 BY MR. BOYCE:
21 Q.: WOULD YOU KNOW THAT MR. WESTERFIELD LEFT IN THE
22 MOTOR HOME ALONE?
23 A.: YES.
24 Q.: WOULD YOU SEE HIM LEAVE ALONE?
25 A.: NO.
26 Q.: I’M SORRY?
27 A.: NO.
28 MR. DUSEK: OBJECTION, YOUR HONOR, ASK THE ANSWER BE
.
7871
1 STRICKEN.
2 THE COURT: THE ANSWER WILL BE DISREGARDED BY THE JURY.
3 LAY A FOUNDATION, MR. BOYCE.
4
5 BY MR. BOYCE:
6 Q.: DID YOU EVER SEE MR. WESTERFIELD GET IN THE MOTOR
7 HOME AND LEAVE AND NOT COME BACK FOR, SAY, A DAY OR TWO DAYS?
8 A.: NOT THAT I CAN RECALL.
9 Q.: WELL, WHEN YOU SAID YOU KNEW HIM HE WOULD GO
10 CAMPING ALONE, HOW DID YOU KNOW THIS?
11 MR. DUSEK: OBJECTION, ASSUMES FACTS NOT IN EVIDENCE,
12 SPECULATION.
13 THE COURT: SUSTAINED. REPHRASE.
14
15 BY MR. BOYCE:
16 Q.: DID YOU HAVE KNOWLEDGE THAT MR. WESTERFIELD WENT
17 CAMPING ALONE?
18 A.: YES.
19 MR. DUSEK: OBJECTION, NO FOUNDATION, HEARSAY.
20 SPECULATION.
21
22 BY MR. BOYCE:
23 Q.: WHAT DO YOU BASE YOUR OPINION ON?
24 A.: I’M SORRY?
25 Q.: WHAT DO YOU BASE YOUR OPINION ON THAT HE WENT
26 CAMPING ALONE?
27 A.: HE WOULD TELL ME.
28 MR. DUSEK: OBJECTION, HEARSAY.
.
7872
1 THE COURT: LADIES AND GENTLEMEN, YOU’RE TO DISREGARD
2 THIS ENTIRE LINE OF QUESTIONING.
3 EITHER LAY THE FOUNDATION OR MOVE ON, MR. BOYCE.
4
5 BY MR. BOYCE:
6 Q.: WERE THERE TIMES WHEN YOU WOULD HELP MR.
7 WESTERFIELD PACK THE MOTOR HOME?
8 A.: YES.
9 Q.: AND ON SOME OF THOSE OCCASIONS YOU WOULD GO CAMPING
10 WITH HIM; IS THAT CORRECT?
11 A.: CORRECT.
12 Q.: WERE THERE OTHER TIMES WHEN AFTER PACKING THE MOTOR
13 HOME HE WOULD LEAVE IN THE MOTOR HOME WITHOUT YOU?
14 A.: NO.
15 Q.: THE TIMES THAT YOU WENT CAMPING WITH MR.
16 WESTERFIELD WHERE WOULD YOU GO?
17 A.: TO CORONADO, THE SILVER STRAND. WE’VE GONE TO
18 BORREGO AND WE’VE GONE TO GLAMIS.
19 Q.: WAS THERE ANY TIMES WHEN YOU WOULD GO TO THE SILVER
20 STRAND THEN GO TO ANOTHER LOCATION TO GO CAMPING?
21 A.: YES.
22 Q.: AND WHY WOULD YOU GO FROM THE SILVER STRAND TO
23 ANOTHER LOCATION?
24 A.: BECAUSE THE WEATHER WAS BAD.
25 Q.: HOW LONG WOULD YOU WAIT AT THE SILVER STRAND BEFORE
26 YOU WOULD LEAVE TO GO TO ANOTHER LOCATION CAMPING?
27 A.: ABOUT A HOUR OR TWO MAYBE.
28 Q.: WAIT FOR THE WEATHER TO GET BETTER?
.
7873
1 A.: YES.
2 Q.: WHERE WOULD YOU GO FROM THE SILVER STRAND? AFTER
3 LEAVING THE SILVER STRAND WHERE WOULD YOU GO?
4 A.: WE WENT TO BORREGO.
5 Q.: WERE YOU FAMILIAR WITH A TRAILER THAT MR.
6 WESTERFIELD HAD?
7 A.: YES.
8 Q.: WHAT DID HE KEEP IN THE TRAILER?
9 A.: TWO QUADS AND A RAIL.
10 Q.: THE TIME THAT YOU WENT TO THE SILVER STRAND DID HE
11 HAVE THE TRAILER WITH HIM AT THAT TIME?
12 A.: NO.
13 Q.: WHEN YOU WENT CAMPING IN THE DESERT WAS THERE EVER
14 A TIME WHEN YOU WOULD ARRIVE IN THE DESERT AT NIGHT?
15 A.: YES.
16 Q.: DO YOU RECALL A TIME WHEN YOU WENT TO THE DESERT
17 LOOKING FOR THE LASPISAS?
18 A.: THERE WAS ONE TIME, YES.
19 Q.: DO YOU KNOW WHO THE LASPISAS ARE?
20 A.: YES.
21 Q.: WHO ARE THEY?
22 A.: THEY’RE GOOD FRIENDS OF DAVID.
23 Q.: WHEN YOU WENT LOOKING FOR THE LASPISAS THAT TIME
24 DID YOU FIND THEM?
25 A.: NO.
26 Q.: WHERE WAS — WHERE WERE YOU LOOKING FOR THEM?
27 A.: AT GLAMIS.
28 Q.: AT THE TIME YOU WENT TO THE DESERT AT NIGHT WERE
.
7874
1 YOU LOOKING FOR ANYONE AT THAT TIME?
2 A.: NOT THAT I CAN RECALL.
3 Q.: WHEN YOU ARRIVED IN THE DESERT DID SOMEONE CONTACT
4 YOU THE NEXT MORNING?
5 A.: YES.
6 MR. DUSEK: OBJECTION, VAGUE AS TO WHEN.
7 THE COURT: SUSTAINED.
8
9 BY MR. BOYCE:
10 Q.: HOW MANY TIMES DID YOU ARRIVE IN THE DESERT AT
11 NIGHT? WAS IT MORE THAN ONCE?
12 A.: YES.
13 Q.: ON ONE OF THOSE OCCASIONS DO YOU RECALL BEING
14 CONTACTED IN THE MORNING?
15 MR. DUSEK: OBJECTION, VAGUE AS TO WHEN.
16 THE COURT: YES. LET’S BE TIME SPECIFIC.
17
18 BY MR. BOYCE:
19 Q.: IN THE LAST — WITHIN THE LAST YEAR DO YOU RECALL
20 BEING CONTACTED IN THE MORNING WHEN YOU WENT TO THE DESERT AT
21 NIGHT?
22 A.: NO. I HAVEN’T GONE IN THE LAST YEAR.
23 Q.: WHEN WAS THE LAST TIME THAT YOU WENT CAMPING WITH
24 MR. WESTERFIELD?
25 A.: LAST — I THINK IT WAS THE LAST HALLOWEEN — THE
26 WEEK BEFORE HALLOWEEN.
27 Q.: SO THAT WOULD HAVE BEEN —
28 A.: LAST OCTOBER.
.
7875
1 Q.: OCTOBER OF 2001?
2 A.: I BELIEVE SO.
3 Q.: SO THAT WAS LESS THAN A YEAR AGO, WASN’T IT? ABOUT
4 SIX MONTHS AGO? EIGHT MONTHS AGO.
5 A.: YES. THAT’S CORRECT.
6 Q.: WHERE DID YOU GO ON THAT OCCASION?
7 A.: WE WENT TO GLAMIS.
8 Q.: WHEN — BEFORE GOING TO THE DESERT CAMPING WOULD
9 YOU MAKE PREPARATION WITH THE MOTOR HOME?
10 A.: YES.
11 Q.: WHAT WOULD YOU DO TO PREPARE TO GO CAMPING?
12 A.: FILL IT UP WITH FOOD, EXTRA CLOTHES.
13 Q.: YOU’D FILL THE MOTOR HOME?
14 A.: YES, FILL THE MOTOR HOME.
15 Q.: WHERE WOULD THE MOTOR HOME BE PARKED WHEN YOU WERE
16 PREPARING TO GO CAMPING?
17 A.: SOMETIMES ACROSS THE STREET AND SOMETIMES WE’D
18 BRING IT RIGHT IN FRONT OF THE DRIVEWAY.
19 Q.: WHEN YOU WERE LOADING THE MOTOR HOME WOULD THE
20 FRONT DOOR SOMETIMES BE OPEN?
21 A.: YES.
22 Q.: HOW LONG WOULD THE MOTOR HOME BE THERE WHEN YOU
23 WERE PREPARING TO GO CAMPING?
24 A.: SOMETIMES TWO DAYS PRIOR TO.
25 Q.: PRIOR TO GO CAMPING?
26 A.: YES.
27 Q.: WHILE YOU WERE LIVING WITH MR. WESTERFIELD AND ON
28 OCCASION WOULD YOU SEE — WAS THIS A FAMILY NEIGHBORHOOD?
.
7876
1 A.: YES.
2 Q.: WOULD YOU SEE CHILDREN WALKING ON THE SIDEWALKS?
3 A.: YES.
4 Q.: WOULD THEY APPEAR TO BE GOING — IS THERE A PARK IN
5 YOUR NEIGHBORHOOD?
6 A.: YES, THERE IS.
7 Q.: WOULD THEY APPEAR TO BE WALKING TO AND FROM THE
8 PARK?
9 MR. DUSEK: OBJECTION, CALLS FOR SPECULATION.
10 THE COURT: SUSTAINED.
11 NEED NOT ANSWER, MA’AM.
12
13 BY MR. BOYCE:
14 Q.: BEFORE YOU WOULD GO CAMPING WOULD YOU FILL THE
15 MOTOR HOME WITH WATER?
16 A.: YES, WE DID. THAT WAS THE LAST THING WE DID.
17 Q.: WHAT WOULD YOU DO WITH THE HOSE?
18 A.: JUST THROW IT IN THE — THE FRONT YARD.
19 Q.: YOU’D JUST LEAVE THE HOSE OUT?
20 A.: YES.
21 Q.: AND WHAT ABOUT THE BLINDS IN THE HOUSE, WOULD YOU
22 DO ANYTHING WITH THE BLINDS IN THE HOUSE?
23 A.: PRIOR TO LEAVING?
24 Q.: YES.
25 A.: THEY — WE WOULD CLOSE THEM.
26 Q.: DO YOU EVER RECALL THE BACK LIGHT BEING LEFT ON —
27 A.: YES.
28 Q.: — AT THE HOUSE?
.
7877
1 AND MR. WESTERFIELD, WOULD HE — WOULD YOU EVER SEE
2 HIM GET ANY MONEY BEFORE GOING CAMPING?
3 A.: SOMETIMES HE DID.
4 Q.: DO YOU KNOW WHERE HE GOT THE MONEY FROM?
5 A.: DIFFERENT PLACES.
6 Q.: DO YOU RECALL WHAT BANK IT WAS THAT HE USED?
7 A.: UNION BANK.
8 Q.: DO YOU KNOW WHERE MR. WESTERFIELD WOULD KEEP HIS
9 MONEY ON HIS PERSON?
10 A.: IN HIS POCKET.
11 Q.: WOULD HE KEEP IT IN HIS WALLET?
12 A.: NO.
13 Q.: WHAT ABOUT HIS CREDIT CARDS, WHERE WOULD HE KEEP
14 HIS CREDIT CARDS?
15 A.: IN HIS WALLET.
16 Q.: SO HE KEPT HIS CASH IN HIS POCKET AND HIS CREDIT
17 CARDS IN HIS WALLET?
18 A.: CORRECT.
19 Q.: DO YOU RECALL HOW MANY TIMES YOU WENT CAMPING AT
20 THE SILVER STRAND?
21 A.: NOT OFFHAND. WE WENT QUITE A BIT.
22 Q.: WAS THERE GOOD TV RECEPTION AT THE SILVER STRAND?
23 A.: NO.
24 Q.: WHAT WOULD YOU DO? WOULD YOU WATCH — WOULD YOU
25 WATCH TV DOWN THERE?
26 A.: WE’D BRING VIDEOS WITH US.
27 Q.: AND WHEN YOU WENT TO THE DESERT DO YOU RECALL WHAT
28 ROUTE YOU WOULD TAKE TO THE DESERT?
.
7878
1 A.: THROUGH JULIAN.
2 Q.: WOULD YOU GO THROUGH JULIAN THE TOWN OR WOULD YOU
3 GO AROUND JULIAN?
4 A.: I DON’T KNOW IF IT’S CONSIDERED THROUGH IT. IT’S
5 THE ROAD PAST DUDLEY’S BAKERY WE’D MAKE A LEFT AND GO THAT
6 ROUTE.
7 Q.: YOU REMEMBER THE DUDLEY’S BAKERY?
8 A.: YES.
9 Q.: IT’S AT AN INTERSECTION?
10 A.: UM-HMM. IT’S AFTER — AFTER THAT.
11 Q.: AND AFTER THAT YOU’D MAKE YOUR LEFT?
12 A.: CORRECT.
13 Q.: DO YOU RECALL ONE TIME STOPPING AT A RESTAURANT IN
14 JUL —
15 A.: YES.
16 Q.: WAS THIS IN JULIAN?
17 A.: YES.
18 Q.: WAS THIS A DIFFERENT ROUTE THAN YOU NORMALLY TOOK?
19 A.: NO.
20 Q.: DID YOU EVER STOP AT THAT RESTAURANT BEFORE?
21 A.: NO.
22 Q.: DO YOU RECALL IF — WHY DID YOU STOP AT THAT
23 PARTICULAR RESTAURANT?
24 A.: BECAUSE MY DAUGHTER’S BEST FRIEND’S FATHER OWNS THE
25 RESTAURANT AND HAD ASKED US TO STOP BY SOMETIME.
26 Q.: RECALL WHETHER THE WEATHER WAS HOT OR COLD?
27 A.: IT WAS HOT.
28 Q.: IT WAS HOT ON THE TIME THAT YOU STOPPED AT THE
.
7879
1 RESTAURANT?
2 A.: YES.
3 Q.: DID YOU EVER DRIVE THE MOTOR HOME?
4 A.: NO.
5 Q.: DID YOU EVER MAP OUT THE ROUTE TO THE DESERT OR
6 WHERE YOU’D GO CAMPING?
7 A.: NO.
8 Q.: WHEN YOU WERE CAMPING IN THE DESERT DO YOU EVER
9 RECALL GETTING STUCK IN THE MOTOR HOME?
10 A.: YES.
11 Q.: HOW MANY TIMES?
12 A.: SEVERAL TIMES.
13 Q.: HOW WOULD — TO YOUR KNOWLEDGE, HOW WOULD MR.
14 WESTERFIELD — OR HOW WOULD YOU GET THE MOTOR HOME UNSTUCK?
15 A.: HE WOULD TRY TO DIG THE SAND OUT FROM THE WHEELS
16 AND PUT SOME BOARDS UNDERNEATH.
17 Q.: DID HE EVER LEAVE THOSE BOARDS BEHIND?
18 A.: YES.
19 Q.: WHY WOULD YOU LEAVE ‘EM BEHIND?
20 A.: BECAUSE ONCE WE GOT GOING WE HAD TO KEEP GOING. WE
21 CAN’T STOP.
22 Q.: AFRAID TO GET STUCK AGAIN?
23 A.: YES.
24 Q.: DO YOU KNOW WHETHER THE MOTOR HOME HAD INTERNAL
25 LEVELERS OR NOT?
26 A.: YES, IT DID.
27 Q.: THIS WAS THE NEW MOTOR HOME?
28 A.: THE NEW ONE.
.
7880
1 Q.: WHEN YOU RETURNED FROM CAMPING IN THE DESERT WOULD
2 YOU DO THE LAUNDRY?
3 A.: YES.
4 Q.: NOW WHEN MR. WESTERFIELD — OR WHILE YOU WERE
5 LIVING WITH MR. WESTERFIELD AT THE HOUSE DID HE HAVE A
6 PARTICULAR HABIT IN RELATION TO DOING THE LAUNDRY FROM UPSTAIRS?
7 A.: YES, HE DID.
8 Q.: AND WHAT WAS THAT?
9 A.: WE WOULD TAKE THE HAMPER AND DUMP IT OVER THE
10 BALCONY.
11 Q.: AND —
12 A.: DOWN TO THE DOWNSTAIRS.
13 Q.: WHEN YOU SAY DUMP IT OVER THE BALCONY, BECAUSE THE
14 WASHER AND DRYER ARE BELOW THE BALCONY?
15 A.: YES.
16 Q.: SO THE LAUNDRY WOULD BE ON THE FLOOR?
17 A.: YES.
18 Q.: AND THIS IS ON THE PATHWAY IN AND OUT OF THE
19 GARAGE, IS THAT RIGHT?
20 A.: CORRECT.
21 Q.: AFTER THE LAST CAMPING TRIP THAT YOU WENT ON WITH
22 MR. WESTERFIELD IN THE FALL OR EARLY WINTER OF 2001 DID YOU —
23 DO YOU KNOW WHETHER OR NOT YOU TOOK THE — YOU CLEANED THE
24 COMFORTERS IN THE MOTOR HOME?
25 A.: NO, WE DIDN’T.
26 Q.: HAD YOU PLANNED ON CLEANING THE COMFORTERS AT SOME
27 TIME?
28 A.: YES, WE DID.
.
7881
1 Q.: WHEN WAS THAT?
2 A.: DURING THE OFF SEASON.
3 Q.: IN THE WINTER?
4 A.: YES.
5 Q.: WHILE YOU WERE LIVING WITH MR. WESTERFIELD DID YOU
6 MEET HIS SON?
7 A.: YES, I DID.
8 Q.: DID HIS SON LIVE WITH HIM ON OCCASION?
9 A.: YES. HE WAS THERE EVERY TWO WEEKS.
10 Q.: DID HIS SON — WAS HIS SON FAMILIAR WITH COMPUTERS,
11 DO YOU KNOW?
12 A.: YES, HE WAS.
13 Q.: DID MR. WESTERFIELD SOMETIMES CONSULT HIS SON
14 REGARDING COMPUTERS?
15 A.: YES, HE DID.
16 Q.: HIS SON WAS SOMEWHAT OF A COMPUTER NERD?
17 A.: YES.
18 Q.: WHILE YOU WERE LIVING WITH MR. WESTERFIELD DID HE
19 HAVE ANY BOOTS?
20 A.: HE HAD BROWN COWBOY BOOTS.
21 Q.: DID HE HAVE BLACK BOOTS?
22 A.: NO, HE DIDN’T.
23 Q.: WHAT ABOUT DRESS SHOES, DID HE HAVE BLACK DRESS
24 SHOES?
25 A.: YES, HE DID.
26 Q.: DID DAVID HAVE A PROBLEM WITH SWEATING?
27 A.: YES.
28 Q.: AND CAN YOU DESCRIBE THAT?
.
7882
1 A.: HE WOULD ALWAYS BE SWEATING UNDER THE ARMPITS AND
2 HIS HEAD AND FACE.
3 Q.: EVEN WHEN IT WAS COLD?
4 A.: YEAH.
5 Q.: NOW, BEFORE YOU CAME TO COURT TODAY DID YOU HAVE
6 OCCASION TO TALK WITH THE POLICE ABOUT THIS CASE?
7 A.: YES.
8 Q.: YOU WERE INTERVIEWED BY A DETECTIVE?
9 A.: I THINK SHE’S A DETECTIVE.
10 Q.: AND DID YOU TALK TO MR. DUSEK?
11 A.: YES, I DID.
12 Q.: IS THAT THE PERSON SEATED AT THE END OF THE TABLE?
13 A.: YES.
14 Q.: IN FACT, YOU MET WITH HIM THIS MORNING, DIDN’T YOU?
15 A.: YES, I DID.
16 MR. BOYCE: THANK YOU, SUSAN.
17 THE COURT: ALL RIGHT. CROSS-EXAMINATION.
18
19 CROSS-EXAMINATION +
20 BY MR. DUSEK:
21 Q.: TODAY WAS THE FIRST TIME WE SPOKE?
22 A.: YES, IT IS.
23 Q.: HOW MANY TIMES DID YOU SPEAK WITH MR. FELDMAN OR
24 MR. BOYCE?
25 A.: THIS WAS THE SECOND TIME.
26 Q.: TODAY WAS?
27 A.: YES.
28 Q.: WHEN WAS THE FIRST TIME?
.
7883
1 A.: APPROXIMATELY TWO WEEKS AGO?
2 Q.: WHEN WAS IT THAT YOU LIVED WITH THE DEFENDANT?
3 A.: APPROXIMATELY FOUR YEARS AGO.
4 Q.: AND YOU STARTED LIVING WITH HIM TWO WEEKS AFTER YOU
5 MET HIM?
6 A.: YES. WELL, WE STARTED TALKING TWO WEEKS AFTER WE
7 MET AND THEN GRADUALLY I MOVED IN WITH HIM.
8 Q.: GRADUALLY MEANS HOW MUCH TIME?
9 A.: MAYBE WITHIN A COUPLE MONTHS.
10 Q.: SO YOU MOVED IN WITHIN A COUPLE OF MONTHS OF
11 MEETING HIM, NOT TWO WEEKS?
12 A.: CORRECT.
13 Q.: AND YOU MET HIM AT A DRINKING ESTABLISHMENT
14 SOMEPLACE?
15 A.: IT WAS A COUNTRY AND WESTERN CLUB IN POWAY.
16 Q.: IS IT A BAR?
17 A.: YES.
18 Q.: WHAT WAS HE DOING THERE WHEN YOU MET HIM?
19 A.: HE WAS STANDING TALKING WITH HIS FRIEND GARRY AT
20 THE BAR.
21 Q.: WHAT WERE YOU DOING?
22 A.: DANCING.
23 Q.: DID YOU EVER GO TO DAD’S WITH HIM?
24 A.: NO.
25 Q.: WHEN DID YOU MOVE OUT THE FIRST TIME?
26 A.: THE FIRST TIME I WOULD SAY WAS APPROXIMATELY AFTER
27 I THINK A YEAR, MAYBE A LITTLE BIT LESS.
28 Q.: WHICH YEAR WOULD THAT BE?
.
7884
1 A.: ’99 MAYBE?
2 Q.: WHEN IS THE SECOND TIME YOU MOVED OUT?
3 A.: I DON’T REMEMBER.
4 Q.: HOW MUCH AFTER THE FIRST TIME YOU MOVED OUT?
5 A.: I DON’T REMEMBER.
6 Q.: WAS THERE A THIRD TIME THAT YOU MOVED OUT?
7 A.: NO.
8 Q.: JUST TWO TIMES?
9 A.: JUST TWO TIMES.
10 Q.: WHEN YOU WERE LIVING WITH HIM WAS YOUR DAUGHTER
11 DANIELLE LIVING THERE?
12 A.: SHE CAME OVER TO VISIT EVERY OTHER WEEKEND. IN THE
13 BEGINNING SHE DIDN’T, BUT LATER ON SHE CAME OVER EVERY OTHER
14 WEEKEND.
15 Q.: BUT SHE DIDN’T LIVE THERE FULL-TIME WITH YOU, DID
16 SHE?
17 A.: NO.
18 Q.: WHEN YOU WOULD GO TO THE STRAND WHAT WOULD BE THE
19 REASON FOR GOING TO THE STRAND?
20 A.: TO GO CAMPING.
21 Q.: WELL, ENJOY THE OUTDOORS?
22 A.: YES.
23 Q.: ENJOY THE SUNSHINE?
24 A.: YES.
25 Q.: THAT WOULD BE THE PRIMARY REASON TO GO OVER TO THE
26 STRAND?
27 A.: OR JUST TO GET AWAY FROM THE CITY FOR THE WEEKEND
28 AND RELAX.
.
7885
1 Q.: MAYBE ENJOY THE OUTDOORS?
2 A.: YES.
3 Q.: WAS THERE EVER A TIME THAT YOU EVER WENT — WHAT
4 WAS THE LONGEST TIME YOU EVER SPENT AT THE STRAND WHEN YOU WERE
5 ENJOYING THE OUTDOORS?
6 A.: A WEEK.
7 Q.: AND WAS THERE EVER A TIME WHEN YOU WENT TO THE
8 STRAND AND YOU NEVER EVEN WENT OUTSIDE?
9 A.: NO.
10 Q.: WAS THERE EVER A TIME THAT YOU WENT TO THE STRAND
11 AND WHEN YOU — AS SOON AS YOU ARRIVED YOU CLOSED THE SHADES ALL
12 AROUND THE STRAND AND YOU’D JUST SIT INSIDE?
13 A.: YES.
14 Q.: HOW LONG — FOR THE ENTIRE TIME YOU WERE AT THE
15 STRAND?
16 A.: IF IT WAS COLD OUTSIDE.
17 Q.: I’M TALKING ABOUT UPON YOUR ARRIVAL AT THE STRAND
18 DID YOU EVER CLOSE UP ALL THE SHADES AND REMAIN INSIDE FOR THE
19 ENTIRE —
20 MR. BOYCE: ASKED AND ANSWERED, YOUR HONOR.
21 THE COURT: OVERRULED.
22
23 BY MR. DUSEK:
24 Q.: — FOR THE TIME YOU WERE AT THE STAND?
25 A.: THE ONLY ONE WE’D CLOSE WAS THE ONES IN THE FRONT
26 BECAUSE THE SIDES WERE ALREADY CLOSED.
27 Q.: AT TIMES THAT YOU DID THAT WOULD YOU THEN REMAIN
28 INSIDE WHEN YOU WENT TO THE STRAND?
.
7886
1 A.: FOR A LITTLE WHILE, YES.
2 Q.: TILL WHEN?
3 A.: TILL WE DECIDED TO GO BACK OUTSIDE IF IT STARTED TO
4 WARM UP.
5 Q.: WOULDN’T YOU HAVE TO GO OUTSIDE TO SEE HOW IT WAS?
6 A.: YOU COULD LOOK OUT THE WINDOW.
7 Q.: I THOUGHT YOU HAD THE DRAPES PULLED.
8 A.: WE DID BUT, I MEAN, YOU COULD OPEN IT TO SEE WHAT
9 IT LOOKS LIKE OUTSIDE.
10 Q.: THE DEFENDANT LIKES TO BE OUTSIDE WHEN HE’S AT THE
11 STRAND, DOESN’T HE?
12 A.: YES, HE DOES.
13 Q.: HOW DO YOU KNOW?
14 A.: BECAUSE HE’S AN OUTDOOR PERSON. HE LIKES THE SUN.
15 Q.: HE’S NOT THE TYPE OF GUY WHO WOULD CLOSE HIMSELF
16 INSIDE WHEN THERE’S AN OUTDOORS TO GO OUT AND ENJOY, IS THERE?
17 A.: NO.
18 Q.: THE TIME THAT YOU WENT OVER THERE AND IT WAS BAD
19 WEATHER, HOW LONG DO YOU THINK YOU HUNG AROUND?
20 A.: AN HOUR OR TWO.
21 Q.: THEN WHERE DID YOU GO?
22 A.: TO BORREGO.
23 Q.: DID YOU GO DIRECTLY TO BORREGO OR DID YOU GO HOME
24 FIRST?
25 A.: WE WENT DIRECTLY TO BORREGO.
26 Q.: DID YOU EVER GO FROM THE STRAND TO GLAMIS TO
27 SUPERSTITION MOUNTAIN TO BORREGO TO THE STRAND ON ONE WEEKEND?
28 A.: NO.
.
7887
1 Q.: DID YOU EVER COME CLOSE TO MAKING ALL THOSE STOPS
2 ON THE TRIPS THAT YOU TOOK WITH THE DEFENDANT?
3 A.: NO.
4 MR. BOYCE: OBJECTION, VAGUE.
5 THE COURT: OVERRULED. THE ANSWER WAS NO.
6
7 BY MR. DUSEK:
8 Q.: WHAT WAS THE LONGEST AMOUNT OF TIME YOU SPENT AT
9 GLAMIS?
10 A.: A WEEK.
11 Q.: WOULD IT BE — HOW MANY NIGHTS WOULD BE THE
12 SHORTEST AMOUNT OF TIME YOU SPENT AT GLAMIS?
13 A.: THE SHORTEST AMOUNT?
14 Q.: YEAH.
15 A.: I THINK THERE WAS AN OCCASION WHERE WE SPENT ONE
16 NIGHT.
17 Q.: WAS THERE — DID YOU INTEND TO SPEND ONLY ONE NIGHT
18 WHEN YOU WENT OUT THERE?
19 A.: I DON’T RECALL.
20 Q.: DO YOU EVEN REMEMBER A TIME WHEN YOU SPENT ONE
21 NIGHT OUT THERE?
22 A.: I DO BUT I DON’T REMEMBER EXACTLY WHEN IT WAS.
23 Q.: WAS THERE EVER AN OCCASION WHEN YOU SHOWED UP OUT
24 THERE SHORTLY BEFORE MIDNIGHT AND LEFT AROUND NOON OR 1:00 OR
25 2:00 THE NEXT DAY?
26 A.: NO.
27 Q.: THAT WOULD BE UNUSUAL FOR YOUR EXPERIENCES WITH THE
28 DEFENDANT?
.
7888
1 A.: NO.
2 Q.: YOU’VE NEVER EXPERIENCED THAT WITH HIM, HAVE YOU?
3 A.: NOT WITH HIM, NO.
4 Q.: WHAT WOULD HE DO WHEN HE’D GO OUT THERE, THE
5 DEFENDANT?
6 A.: WHEN WE WENT TOGETHER?
7 Q.: YES. THAT’S THE ONLY TIME YOU KNOW ABOUT, ISN’T
8 IT?
9 A.: YES.
10 Q.: SO THAT’S WHAT I’M TALKING ABOUT.
11 YOUR PERSONAL EXPERIENCES, WHAT YOU’D SEEN, WHAT
12 WOULD THE DEFENDANT DO WHEN YOU WERE AT BORREGO — I’M SORRY —
13 GLAMIS?
14 A.: WE WOULD SET UP OUR CHAIRS AND THE GREEN GRASS AND
15 SOMETIMES JUST RELAX.
16 Q.: AND?
17 A.: ENJOY THE SUN.
18 Q.: TO RELAX YOU’D GET OUTSIDE, WOULDN’T YOU?
19 A.: YES.
20 Q.: ENJOY THE OUTDOORS?
21 A.: YES.
22 Q.: HOW ABOUT THE SAND TOYS, WOULD HE USE THOSE?
23 A.: SOMETIMES WE DID.
24 Q.: HE, THE DEFENDANT, SEEMED TO ENJOY USING THE SAND
25 TOYS?
26 A.: YES.
27 Q.: HE’D TAKE THEM ALONG WITH YOU AND YOUR FAMILY AND
28 FRIENDS THAT WOULD GO?
.
7889
1 A.: SOMETIMES.
2 Q.: WHERE DID HE STORE HIS TRAILER OR HIS R. V. WHEN
3 YOU WERE LIVING WITH HIM?
4 A.: WHICH ONE?
5 Q.: EITHER?
6 A.: A PLACE OFF OF MIDLAND ROAD IN POWAY IS THE FIRST
7 PLACE.
8 Q.: WAS THERE THEN A SECOND PLACE THAT YOU BECAME AWARE
9 OF?
10 A.: YES.
11 Q.: WHERE WAS THAT?
12 A.: I NEVER WENT TO THAT ONE SO I DON’T KNOW EXACTLY
13 WHERE IT’S AT.
14 Q.: THE ONE ON MIDLAND, WHEN WAS HE STORING IT THERE?
15 A.: HE WAS STORING IT THERE UP UNTIL HE HAD TO MOVE TO
16 THE NEW PLACE.
17 Q.: THE ENTIRE TIME THAT YOU’VE KNOWN THE DEFENDANT HAS
18 HE STORED HIS MOTOR HOME OFFSITE SOMEWHERE OTHER THAN THE HOUSE?
19 A.: YES.
20 Q.: AND HE WOULD ONLY BRING THE MOTOR HOME OVER TO THE
21 HOUSE WHEN IT WAS GETTING READY FOR A TRIP?
22 A.: CORRECT.
23 Q.: NOW, WOULD YOU GO WITH HIM TO HELP BRING THE MOTOR
24 HOME BACK TO THE HOUSE?
25 A.: SOMETIMES.
26 Q.: WHY?
27 A.: BECAUSE HE NEEDED TO BRING THE VEHICLE BACK.
28 Q.: THE CAR THAT HE DROVE TO THE MOTOR HOME IN?
.
7890
1 A.: RIGHT.
2 Q.: AND IF YOU DIDN’T GO WOULD HIS SON GO OR ANOTHER
3 ADULT?
4 A.: IF, YEAH, SOMEBODY WAS AVAILABLE.
5 Q.: SOMEBODY WOULD ALWAYS HAVE TO GO OVER WITH HIM SO
6 HE COULD BRING THE MOTOR HOME AND THE OTHER CAR BACK?
7 A.: WELL, THERE WAS OCCASIONS WHERE THAT DIDN’T HAPPEN
8 AND HE HAD TO LEAVE HIS CAR THERE.
9 Q.: YOU CAN REMEMBER THOSE?
10 A.: YES.
11 Q.: WAS THAT AT MIDLAND?
12 A.: YES.
13 Q.: HIS SON, WOULD HE BE ONE OF THE INDIVIDUALS WHO’D
14 GO WITH HIM TO DRIVE THE CAR BACK?
15 A.: YES.
16 Q.: HOW MUCH ADVANCE PLANNING WOULD YOU GET FOR THESE
17 TRIPS?
18 A.: SOMETIMES THERE WAS A SPUR-OF-THE-MOMENT.
19 SOMETIMES WE PLANNED THEM AHEAD.
20 Q.: WHAT DO YOU MEAN BY SPUR-OF-THE-MOMENT?
21 A.: WE WOULD JUST DECIDE HEY, LET’S GO TO THE WEEK —
22 THE DESERT FOR THE WEEKEND, LIKE ON A THURSDAY NIGHT.
23 Q.: THEN YOU’D DECIDE TO GO ON FRIDAY OR SATURDAY?
24 A.: THE NEXT DAY.
25 Q.: THAT WAS THE SHORTEST AMOUNT OF SPUR-OF-THE-MOMENT
26 TIME THAT YOU’RE — THAT YOU CAN THINK OF?
27 A.: YES.
28 Q.: YOU CANNOT EVEN THINK OF A TIME WHEN HE WOKE UP ON
.
7891
1 A SATURDAY MORNING AND WAS IN A MOTOR HOME HEADING OUT OF TOWN
2 WITHIN THREE HOURS, CAN YOU?
3 MR. BOYCE: OBJECTION, VAGUE.
4 THE COURT: DURING THE TIME THAT YOU WERE LIVING THERE.
5 YOU MAY ANSWER, MA’AM.
6 THE WITNESS: CAN YOU REPEAT THAT AGAIN, PLEASE?
7
8 BY MR. DUSEK:
9 Q.: YOU WERE NEVER AWARE FROM THE TIME THAT YOU WERE
10 WITH HIM WHEN HE WOULD WAKE UP ON A SATURDAY AND BE HEADING OUT
11 OF TOWN ON HIS R. V. WITHIN TWO OR THREE HOURS?
12 A.: NO.
13 Q.: THAT IS TOTALLY OUT OF CHARACTER FOR THE DAVID
14 WESTERFIELD THAT YOU KNOW?
15 MR. BOYCE: OBJECTION, SPECULATION.
16 THE COURT: OVERRULED.
17 YOU MAY ANSWER.
18 THE WITNESS: I WOULDN’T SAY THAT.
19
20 BY MR. DUSEK:
21 Q.: WELL, YOU’VE NEVER SEEN HIM DO IT, HAVE YOU?
22 MR. FELDMAN: OBJECTION, ARGUMENTATIVE.
23 THE COURT: OVERRULED.
24 THE WITNESS: DO I ANSWER?
25 THE COURT: YES.
26 THE WITNESS: I DIDN’T SEE HIM DO IT BUT I WAS OF THE
27 TIME THAT HE DID DO IT.
28 MR. DUSEK: YOUR HONOR, ASK THE REMAINING HALF —
.
7892
1 THE COURT: THE JURY IS TO DISREGARD THE LAST ANSWER.
2
3 BY MR. DUSEK:
4 Q.: I’M CONCERNED ON WHAT YOU’VE SEEN —
5 A.: OKAY.
6 Q.: — THROUGHOUT THE QUESTIONS I’M ASKING YOU. YOU.
7 STILL LIKE HIM, DON’T YOU?
8 A.: I CARE ABOUT HIM.
9 Q.: WHEN WAS THE LAST TIME YOU SAW HIM IN PERSON?
10 A.: THREE WEEKS PRIOR TO THE TIME HE WAS ARRESTED.
11 Q.: THREE WEEKS BEFORE DANIELLE WAS MISSING?
12 MR. FELDMAN: MISSTATES THE EVIDENCE.
13 THE COURT: OH, IT DOES, SUSTAINED. REPHRASE THE
14 QUESTION.
15
16 BY MR. DUSEK:
17 Q.: I’M SORRY. TAKE YOUR TIME, MA’AM.
18 THE COURT: OKAY, MR. DUSEK.
19
20 BY MR. DUSEK:
21 Q.: THREE WEEKS BEFORE WHEN, MA’AM?
22 A.: THREE WEEKS PRIOR TO WHEN I HEARD THAT HE WAS
23 ARRESTED — OH, THAT HE WAS A SUSPECT.
24 Q.: AND THAT WAS WHEN YOU WERE INTERVIEWED BY LAW
25 ENFORCEMENT?
26 A.: I’M NOT SURE WHAT YOU’RE ASKING ME.
27 Q.: I’M TRYING TO PINPOINT THE TIME, THE LAST TIME YOU
28 SAW HIM. HOW DID YOU BECOME AWARE THAT HE WAS A SUSPECT?
.
7893
1 A.: ON THE TV.
2 Q.: ALL RIGHT.
3 AND WAS THAT AFTER HE HAD GOTTEN HOME FROM A
4 WEEKEND TRIP BY HIMSELF THAT WE’RE TALKING ABOUT THROUGHOUT THIS
5 CASE?
6 LET ME GO AT IT THIS WAY. YOU WERE INTERVIEWED BY
7 LAW ENFORCEMENT ON FEBRUARY 5TH OF THIS YEAR, CORRECT?
8 A.: YES.
9 Q.: YOU WERE AWARE THAT HE WAS A SUSPECT, AT LEAST
10 SOMEBODY THEY WERE LOOKING AT AT THAT TIME?
11 A.: YES, BECAUSE I HAD SEEN THE NEWS AND THEN —
12 Q.: THAT’S FINE. AND IT WAS THREE WEEKS BEFORE THEN
13 WHEN YOU HAD YOUR LAST CONTACT WITH THE DEFENDANT?
14 A.: CORRECT.
15 Q.: YOU HAD ALREADY BROKEN UP WITH HIM AT THAT POINT?
16 A.: RIGHT.
17 Q.: YOU HAD SEPARATED YOUR LIFE FROM HIM?
18 A.: CORRECT.
19 Q.: WERE YOU SEEING OTHER PEOPLE AT THAT TIME?
20 A.: NO, I WASN’T.
21 Q.: DID YOU — THE LAST TIME THAT YOU SAW HIM HAD YOU
22 BEEN OUT THAT EVENING?
23 A.: YES, I WAS.
24 Q.: WHO WERE YOU OUT WITH?
25 A.: A FRIEND.
26 Q.: MALE FRIEND?
27 A.: YES.
28 Q.: WASN’T ANY ROMANTIC SITUATION AS FAR AS YOU WERE
.
7894
1 CONCERNED, WAS IT?
2 A.: NO, THERE WASN’T.
3 Q.: YOU WERE LIVING SEPARATELY FROM THE DEFENDANT?
4 A.: YES.
5 Q.: ABOUT WHAT TIME WERE YOU OUT THAT EVENING WITH YOUR
6 FRIEND?
7 A.: I DON’T REMEMBER.
8 Q.: MORNING, EVENING?
9 A.: IT WAS EVENING.
10 Q.: DO YOU REMEMBER WHAT DAY OF THE WEEK IT WAS?
11 A.: NO, I DON’T.
12 Q.: WAS IT A FRIDAY OR SATURDAY?
13 A.: I DON’T REMEMBER.
14 Q.: DID YOUR FRIEND BRING YOU HOME?
15 A.: YES.
16 Q.: DID YOUR FRIEND WALK YOU TO THE DOOR?
17 A.: YES.
18 MR. BOYCE: OBJECTION, 352.
19 THE COURT: OVERRULED.
20
21 BY MR. DUSEK:
22 Q.: DID YOUR FRIEND GIVE YOU A LITTLE KISS ON THE
23 CHEEK?
24 A.: YES.
25 Q.: DID YOU SEE DAVID WESTERFIELD AT THAT TIME?
26 A.: NO, I DIDN’T.
27 Q.: DIDN’T SEE HIM AT ALL?
28 A.: NO.
.
7895
1 Q.: DO YOU KNOW IF HE WAS THERE?
2 MR. BOYCE: OBJECTION, 352.
3 THE COURT: SUSTAINED. WELL, NOT ON THAT GROUNDS.
4 MR. BOYCE: HEARSAY.
5 THE COURT: SUSTAINED AS TO WHAT SHE KNEW.
6
7 BY MR. DUSEK:
8 Q.: DID YOU SPEAK WITH HIM THE NEXT DAY?
9 A.: YES, I DID.
10 Q.: DID HE TELL YOU WHETHER OR NOT HE WAS THERE THAT
11 NIGHT?
12 MR. BOYCE: OBJECTION, 352.
13 THE COURT: AT THIS POINT SUSTAINED.
14 MR. DUSEK: MAY WE APPROACH, YOUR HONOR?
15 THE COURT: CERTAINLY.
16
17
18 (BENCH CONFERENCE NOT MADE PUBLIC RECORD.)
19 –OCC–
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27
28
.
7896
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.
7897
1
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.
7898
1
2
3
4
5 (THE FOLLOWING PROCEEDINGS WERE HELD IN
OPEN COURT IN THE PRESENCE OF THE JURY:)
6
7 MR. FELDMAN: MAY WE ASK FOR A FIVE MINUTE RECESS?
8 THE COURT: FIVE MINUTE RECESS? ALL RIGHT. I DON’T
9 KNOW, CAN WE HAVE A FIVE MINUTE RECESS AND ALL GET OUT AND GET
10 BACK? OKAY, 13, THANKS. WE CAN.
11 PLEASE REMEMBER THE ADMONITION OF THE COURT NOT TO
12 DISCUSS ANY OF THE EVIDENCE OR TESTIMONY AMONG YOURSELVES NOR
13 WITH OTHERS, NOR FORM OR EXPRESS ANY OPINIONS ON THE MATTER
14 UNTIL IT IS SUBMITTED TO YOU.
15 BEING ON THE SAFE SIDE, LET’S MAKE IT 11:15, FOLKS.
16 QUARTER AFTER 11:00.
17 MR. FELDMAN: THANK YOU, YOUR HONOR.
18 (AT 11:03 A.M. THE COURT WAS IN
RECESS UNTIL 11:15 A.M.)
19
20 THE COURT: WELCOME BACK, LADIES AND GENTLEMEN.
21 ALL RIGHT. MR. DUSEK.
22
23 BY MR. DUSEK:
24 Q.: MA’AM, HAVE YOU BEEN PROVIDED A TRANSCRIPT OF AN
25 INTERVIEW THAT YOU HAD WITH LAW ENFORCEMENT?
26 A.: YES.
27 Q.: HAVE YOU HAD A CHANCE TO READ IT?
28 A.: YES, I DID.
.
7899
1 Q.: DO YOU HAVE A COPY THERE IN FRONT OF YOU?
2 A.: YES.
3 Q.: DOES IT CONTAIN A PAGE 18?
4 MR. BOYCE: THIS IS ASKED AND ANSWERED, YOUR HONOR.
5 THE COURT: "DOES IT HAVE A PAGE 18" HAS BEEN ASKED AND
6 ANSWERED? I DON’T THINK SO.
7 MR. BOYCE: I APOLOGIZE. NO, THAT QUESTION HAS NOT BEEN
8 ASKED.
9 THE WITNESS: YES, IT DOES.
10 THE COURT: LET’S WAIT TO HEAR THE QUESTION.
11 MR. BOYCE: I NEED TO APPROACH SIDEBAR.
12 THE COURT: NO IDEA. I’M GOING TO WAIT AND HEAR IT.
13
14 BY MR. DUSEK:
15 Q.: ON THE TRANSCRIPT THAT YOU WERE PROVIDED DID YOU GO
16 THROUGH AND CHECK THE TRANSCRIPT?
17 A.: YES, I DID.
18 Q.: LET ME HAVE YOU READ TO YOURSELF THE PARAGRAPH
19 THERE THAT I’M POINTING TO YOU, THE FIRST LONG PARAGRAPH ON PAGE
20 18, TO YOURSELF, PLEASE.
21 A.: (WITNESS COMPLYING.)
22 Q.: HAVE YOU HAD A CHANCE TO READ THAT?
23 A.: YES.
24 Q.: DID YOU TELL LAW ENFORCEMENT THAT YOU FOUND HIM
25 SITTING OUTSIDE?
26 A.: NO, I DIDN’T.
27 Q.: HAVE YOU HAD A CHANCE TO REVIEW THE TRANSCRIPT?
28 MR. FELDMAN: ASKED AND ANSWERED.
.
7900
1 THE COURT: OVERRULED.
2
3 BY MR. DUSEK:
4 Q.: DOES THE TRANSCRIPT APPEAR TO INDICATE THAT?
5 MR. FELDMAN: OBJECTION, IRRELEVANT.
6 THE COURT: OVERRULED.
7 MR. FELDMAN: BEST EVIDENCE.
8 THE COURT: OVERRULED.
9 YOU MAY ANSWER.
10 THE WITNESS: THAT HE WAS SITTING OUTSIDE?
11
12 BY MR. DUSEK:
13 Q.: YES.
14 A.: I SAID IT BECAUSE HE TOLD ME HE WAS SITTING
15 OUTSIDE.
16 MR. FELDMAN: YOUR HONOR, MOTION TO STRIKE.
17 THE COURT: MOTION GRANTED. THE JURY’S ADMONISHED TO
18 DISREGARD THE LAST COMMENT.
19 MA’AM, PAY PARTICULAR ATTENTION TO THE QUESTIONS
20 YOU’RE BEING ASKED, OKAY?
21
22 BY MR. DUSEK:
23 Q.: ON THE TRANSCRIPT DOESN’T IT SAY "THE NIGHT I FOUND
24 HIM SITTING OUTSIDE"?
25 A.: YES, IT DOES SAY THAT BUT —
26 Q.: YOU MADE CONTACT WITH HIM THE NEXT DAY?
27 A.: YES, HE CALLED ME.
28 Q.: AND AFTER DISCUSSING WHAT YOU DISCUSSED YOU DIDN’T
.
7901
1 FEEL COMFORTABLE WITH THE DEFENDANT AT THAT TIME, CORRECT?
2 A.: AT THE TIME, YES.
3 Q.: GLENNIE NASLAND IS WHO INTRODUCED YOU TO THE
4 DEFENDANT?
5 A.: CORRECT.
6 Q.: WHO IS SHE?
7 A.: A FRIEND OF MINE.
8 Q.: FRIEND OF YOURS?
9 A.: ACQUAINTANCE OF MINE, YES.
10 Q.: HOW ABOUT — SHE’S THE ONE THAT INTRODUCED YOU TO
11 THE DEFENDANT, THOUGH?
12 A.: YES.
13 Q.: DO YOU KNOW WHAT HER RELATIONSHIP WAS TO THE
14 DEFENDANT?
15 A.: SHE HAD JUST MET HIM ALSO THROUGH GARRY.
16 Q.: AT THE BIG STONE LODGE?
17 A.: YES.
18 Q.: HOW LONG AGO WAS THAT?
19 A.: ABOUT FOUR YEARS AGO.
20 Q.: DOES SHE HAVE AN ACCENT WHEN SHE SPEAKS?
21 A.: YES, SHE DOES.
22 Q.: SHE’S FROM DENMARK?
23 A.: YES, SHE IS.
24 Q.: HAVE YOU ALSO SEEN GLENNIE NASLAND SINCE THEN?
25 A.: YES, I HAVE.
26 Q.: DO YOU SEE HER WITH THE DEFENDANT WHEN YOU’RE ALL
27 TOGETHER SOMETIMES?
28 A.: YES.
.
7902
1 Q.: SOCIALIZING?
2 A.: YES.
3 Q.: WHERE?
4 A.: AT THE BIG STONE POMERADO CLUB.
5 Q.: WHERE ELSE?
6 A.: THAT WAS IT.
7 Q.: DO YOU THINK YOU BROKE UP WITH THE DEFENDANT OR AT
8 LEAST MOVED OUT IN ’99 OR 2000?
9 A.: THE FIRST TIME?
10 Q.: OKAY.
11 A.: WAS PROBABLY CLOSER TO THE END OF ’99.
12 Q.: AND HOW LONG WERE YOU BROKEN UP BEFORE YOU GOT
13 TOGETHER AGAIN?
14 A.: MAYBE A COUPLE WEEKS.
15 Q.: AND HOW LONG WERE YOU TOGETHER THERE ABOUT?
16 A.: I DON’T REMEMBER.
17 Q.: WHEN WAS THE LAST TIME YOU WENT TO THE DESERT WITH
18 HIM?
19 A.: IN THE WEEK BEFORE HALLOWEEN, OCTOBER.
20 Q.: WERE YOU BROKEN UP WITH HIM WHEN YOU WENT TO THE
21 DESERT WITH HIM?
22 A.: I THINK WE WERE JUST WORKING ON TRYING TO GET OUR
23 RELATIONSHIP BACK TOGETHER.
24 Q.: IS THAT IN 2000, 2001, 2002?
25 A.: JUST THIS PAST OCTOBER.
26 Q.: YOU INDICATED GOING TO THE DESERT TRYING TO LOOK
27 FOR DAVE LASPISAS?
28 A.: YES.
.
7903
1 Q.: WHEN WAS THAT?
2 A.: COUPLE YEARS AGO.
3 Q.: HOW DID YOU KNOW HE WAS GOING TO BE THERE?
4 A.: WE DIDN’T.
5 Q.: WHERE DOES HE LIVE?
6 A.: HE LIVES IN POWAY.
7 Q.: HOW FAR AWAY?
8 A.: I DON’T KNOW. I’VE ONLY BEEN THERE ONCE.
9 Q.: DOES HE HAVE A PHONE?
10 A.: I’M ASSUMING HE DOES.
11 Q.: WAS THIS A HOLIDAY?
12 MR. FELDMAN: OBJECTION, VAGUE AS TO WHEN THIS IS.
13 THE COURT: I THINK WE KNOW WHAT WE’RE TALKING ABOUT.
14 REPHRASE THE QUESTION.
15
16 BY MR. DUSEK:
17 Q.: WHEN YOU WENT TO THE DESERT LOOKING FOR DAVE
18 LASPISA WAS IT A HOLIDAY?
19 A.: I DON’T REMEMBER.
20 Q.: WHERE DID YOU GO?
21 A.: TO GLAMIS.
22 Q.: WHERE IN GLAMIS?
23 A.: THE DESERT.
24 Q.: DID YOU GO DURING THE DAYTIME?
25 A.: YES.
26 Q.: MAKES IT EASIER TO TRY TO FIND SOMEONE IN THE
27 DAYTIME?
28 A.: YES.
.
7904
1 Q.: DIDN’T GO OUT THERE IN THE MIDDLE OF THE NIGHT TO
2 TRY TO FIND SOMEONE?
3 A.: NO.
4 Q.: WHERE DID YOU LOOK WHEN YOU GOT OUT THERE?
5 A.: DAVE WAS JUST DRIVING AROUND IN THE DESERT IN AREAS
6 WHERE HE THOUGHT THEY MIGHT BE.
7 Q.: HOW LONG DID YOU SPEND THE TIME — THAT TIME OUT
8 THERE?
9 A.: HOW LONG DID WE STAY OUT THERE?
10 Q.: YEAH.
11 A.: PROBABLY FOR THE WEEKEND.
12 Q.: EVEN THOUGH YOU DIDN’T FIND HIM YOU STILL SET UP
13 CAMP SOMEPLACE?
14 A.: YES, WE DID.
15 Q.: STILL ENJOYED THE WEEKEND IN THE SUN?
16 A.: YES.
17 Q.: AS SOON AS — I ASSUME THERE CAME A POINT WHEN YOU
18 FOUND OUT YOU COULDN’T FIND DAVE LASPISA OUT THERE?
19 A.: YES.
20 Q.: DIDN’T COME HOME AT THAT TIME, DID YOU?
21 A.: NO.
22 Q.: DIDN’T GO TO BORREGO AT THAT TIME?
23 A.: NO.
24 Q.: DID YOU ENJOY THE SAND TOYS THAT WEEKEND, DO YOU
25 REMEMBER?
26 A.: I CAN’T REMEMBER. IF IT WAS JUST DAVID AND I WE
27 DIDN’T USE THEM.
28 Q.: HOW MUCH TIME ONCE YOU GOT OUT THERE WOULD YOU
.
7905
1 SPEND — YOU ACTUALLY SPEND LOOKING FOR MR. LASPISAS?
2 A.: I CAN’T RECALL.
3 Q.: WELL, DID YOU HAVE TO GO TO VARIOUS LOCATIONS TO
4 TRY TO FIND HIM?
5 A.: HE JUST DROVE AROUND IN THE DESERT WHERE HE THOUGHT
6 THEY MIGHT BE.
7 Q.: ON THE WASHES?
8 A.: I DON’T REMEMBER IF WE WENT THROUGH THE WASHES.
9 Q.: THE DEFENDANT IS AN ORDERLY TYPE PERSON, ISN’T HE?
10 MR. BOYCE: OBJECTION, VAGUE.
11 THE COURT: OVERRULED.
12 YOU MAY ANSWER.
13 THE WITNESS: YES.
14
15 BY MR. DUSEK:
16 Q.: KIND OF A ROUTINE TYPE OF GUY?
17 A.: MOST OF THE TIME.
18 Q.: PLACE FOR EVERYTHING AND EVERYTHING IN ITS PLACE?
19 A.: NOT ALWAYS.
20 Q.: TYPICALLY, THAT’S HOW HE RUNS THE HOUSEHOLD, ISN’T
21 IT?
22 MR. BOYCE: OBJECTION, VAGUE.
23 THE COURT: OVERRULED.
24 YOU MAY ANSWER.
25 THE WITNESS: NOT ALWAYS.
26
27 BY MR. DUSEK:
28 Q.: MOST OF THE TIME?
.
7906
1 A.: I GUESS YOU COULD SAY THAT.
2 Q.: WELL, IN HIS OFFICE HE HAS EVERYTHING PUT AWAY IN
3 AN ORDERLY MANNER?
4 A.: IF YOU’RE REFERRING TO LIKE MANUALS AND STUFF, YES.
5 BUT WHEN HE’S IN THERE WORKING, IT’S — IT WAS A MESS.
6 Q.: YOU USED TO LIVE WITH HIM, DIDN’T YOU?
7 A.: YES.
8 Q.: YOU GENERALLY STAYED OUT OF THE OFFICE?
9 A.: I WOULD GO — IF HE’S WORKING I’D GO IN AND SAY HI,
10 BUT GENERALLY, YES.
11 Q.: THAT WAS PRETTY MUCH HIS DOMAIN?
12 A.: YES.
13 Q.: AND THE THINGS THAT HE HAD STACKED AWAY FOR HIS
14 WORK HE WOULD HAVE IN AN ORGANIZED MANNER?
15 A.: YES.
16 Q.: SEEMED TO KNOW WHERE EVERYTHING WAS WHEN HE NEEDED
17 IT?
18 A.: YES.
19 Q.: WOULD YOU EVEN ANSWER THE PHONE IN HIS OFFICE?
20 A.: NO.
21 Q.: WHY NOT?
22 A.: BECAUSE IT WAS FOR HIS BUSINESS.
23 Q.: WHAT WAS THE NAME OF HIS BUSINESS?
24 A.: SPECTRUM DESIGN.
25 Q.: AND YOU’RE TELLING US THIS LAUNDRY SITUATION, THAT
26 HE WOULD CUSTOMARILY, THIS ORGANIZED INDIVIDUAL, WOULD
27 ORDINARILY EMPTY THE LAUNDRY BASKET UPSTAIRS AND LET IT FALL
28 DOWN?
.
7907
1 A.: YES.
2 Q.: WHO WOULD HAVE TO PICK IT UP?
3 A.: HE WOULD COME DOWN THE STAIRS AND EITHER HE WOULD
4 SEPARATE IT AND DO IT OR I WOULD.
5 Q.: SO WE TAKE A LAUNDRY BASKET TO THE RAILING UP
6 THERE?
7 A.: YES.
8 Q.: DUMP OUT ALL THE CLOTHES OVER?
9 A.: YES.
10 Q.: AND THEN GO DOWNSTAIRS AND PUT ‘EM BACK IN THE
11 LAUNDRY BASKET?
12 A.: NOT IN THE BASKET, ON PILES ON THE FLOOR.
13 Q.: AND THEN DO WHAT WITH THEM?
14 A.: WASH ‘EM.
15 Q.: WELL, HE’D HAVE TO TAKE THEM FROM THE FLOOR
16 SOMEPLACE, WOULDN’T HE?
17 A.: YES.
18 Q.: WHERE WOULD HE TAKE THEM AFTER HE DUMPED IT OVER,
19 PUT ‘EM IN PILES ON THE FLOOR?
20 A.: I DON’T KNOW IF HE WOULD LEAVE ‘EM THERE. WHEN I
21 DID I’D PUT THEM IN SEPARATE PILES ON THE FLOOR.
22 Q.: DO YOU KNOW WHAT HE’S BEEN DOING SINCE YOU MOVED
23 OUT?
24 A.: NO, I DON’T.
25 Q.: HE’S BEEN LIVING BY HIMSELF SINCE YOU’VE MOVED OUT,
26 HASN’T HE?
27 A.: MAYBE HIS SON IS STILL THERE.
28 MR. FELDMAN: MISSPOKE.
.
7908
1 MR. BOYCE: OBJECTION, SPECULATION.
2 THE COURT: YOU MISSPOKE.
3
4 BY MR. DUSEK:
5 Q.: DO YOU KNOW — WELL, SINCE YOU BROKE UP HAVE YOU
6 BEEN BACK TO HIS HOUSE?
7 A.: NO.
8 Q.: DOES HE HAVE A BAD BACK, ANYTHING LIKE THAT?
9 A.: DOES HE?
10 Q.: YEAH.
11 A.: NOT THAT I’M AWARE OF.
12 Q.: HE’S STRONG ENOUGH TO CARRY A LOAD OF LAUNDRY DOWN
13 THE STAIRS TO THE LAUNDRY ROOM?
14 A.: YES.
15 Q.: HAVE YOU SEEN HIM SEPARATE THE LAUNDRY THERE?
16 A.: DOWNSTAIRS?
17 Q.: IN THE LAUNDRY ROOM?
18 A.: YES.
19 Q.: HAVE YOU SEEN HIM CARRY THE LAUNDRY DOWN THE
20 STAIRS?
21 A.: NO. NORMALLY HE DUMPS IT OVER.
22 Q.: EVERY TIME YOU’VE SEEN HIM DO LAUNDRY HE DUMPS IT
23 OVER THE RAILING?
24 A.: YES. AND HE TAUGHT ME TO DO THAT.
25 Q.: TALKING ABOUT COMFORTERS, LET ME HAVE YOU LOOK AT
26 WHAT WE’VE HAD MARKED AS COURT’S EXHIBIT 78. CAN YOU SEE THIS
27 MULTI-COLORED COMFORTER?
28 A.: YES, I DO.
.
7909
1 Q.: DO YOU RECOGNIZE WHERE THAT’S FROM?
2 A.: YES, I DO.
3 Q.: WHERE IS THAT FROM?
4 A.: THE MOTOR HOME.
5 Q.: DOES HE HAVE ANY OTHER COMFORTERS?
6 A.: IN THE MOTOR HOME OR IN THE HOUSE?
7 Q.: EITHER?
8 A.: YES.
9 Q.: WHERE?
10 A.: IN HIS — IN THE MASTER ROOM.
11 Q.: DID HE HAVE ANY OTHER COMFORTERS?
12 A.: THERE WAS ANOTHER ONE IN THE MOTOR HOME.
13 Q.: WHERE — WHAT DID THAT LOOK LIKE?
14 A.: FROM WHAT I REMEMBER I THINK IT HAD GRAY AND BLUE
15 LIKE SPECKLES OR STRIPES.
16 Q.: STRIPES?
17 A.: YES.
18 Q.: HOW ABOUT THE ONE ON HIS BED WHEN YOU WERE THERE,
19 DO YOU REMEMBER WHAT THAT ONE LOOKED LIKE?
20 A.: IT WAS A TAN COLORED WITH I THINK SOME PURPLE OR
21 LAVENDER I THINK FLOWERS ON IT OR SOMETHING.
22 Q.: LET ME SHOW YOU WHAT’S BEEN PREVIOUSLY MARKED AS
23 COURT’S EXHIBIT 45, SPECIFICALLY THE ITEMS THAT APPEAR TO BE IN
24 PHOTOGRAPH "C". I THINK THAT’S THE WASHER.
25 DO YOU SEE ANYTHING THAT LOOKS LIKE THAT COMFORTER
26 THAT YOU’RE DESCRIBING?
27 A.: THE SHEET HERE LOOKS A LITTLE BIT LIKE THE
28 COMFORTER. IT MATCHES THE COMFORTER.
.
7910
1 Q.: THE DARK SHEET THAT APPEARS TO BE DIRECTLY BELOW
2 THE NO. 5 IN PHOTOGRAPH "C"?
3 A.: YES.
4 Q.: THAT APPEARS TO BE A SHEET THAT MATCHES THE
5 COMFORTER FROM WHERE?
6 A.: THE MASTER BEDROOM.
7 Q.: THE MASTER BEDROOM COMFORTER IS IN SIMILAR COLOR OR
8 DESIGN TO THAT SHEET?
9 A.: I THINK IT’S RIGHT HERE. I CAN’T SEE THE FULL —
10 THE FULL —
11 Q.: ALL RIGHT. BY RIGHT HERE —
12 MR. FELDMAN: YOUR HONOR, WE JUST COULDN’T HEAR THE LAST
13 ANSWER.
14 THE COURT: HE’S GOING TO GIVE YOU WHERE SHE’S POINTING
15 TO.
16
17 BY MR. DUSEK:
18 Q.: BY LOOKING AT PHOTOGRAPH "C" ON EXHIBIT 45, DO YOU
19 THINK YOU COULD SEE WHAT AT LEAST LOOKS LIKE A PART OF THE
20 MASTER BEDROOM COMFORTER?
21 A.: YES.
22 Q.: WOULD YOU TAKE THIS GREEN FELT PEN AND CIRCLE THAT
23 AREA, IF YOU WOULD PLEASE?
24 A.: (WITNESS COMPLYING.)
25 Q.: PUT YOUR INITIALS OFF TO THE SIDE IF YOU WOULD?
26 A.: (WITNESS COMPLYING.)
27 Q.: ALL RIGHT. YOU’VE DONE THAT. THANK YOU.
28 I’M GOING TO SHOW YOU WHAT’S ALSO BEEN IDENTIFIED
.
7911
1 AS A COMFORTER. I CAN’T FIND THE NUMBER. LOOKS LIKE SAN DIEGO
2 POLICE ITEM NO. 93.
3 DO YOU RECOGNIZE WHAT WE HAVE IN HERE, MA’AM?
4 A.: YES, I DO.
5 Q.: WHAT IS THAT?
6 A.: IT’S A COMFORTER.
7 Q.: DO YOU KNOW WHERE THAT’S FROM?
8 A.: THE MOTOR HOME.
9 Q.: WHERE WOULD HE KEEP THAT ONE?
10 A.: UNDERNEATH THE FLORAL ONE.
11 Q.: SO THERE WOULD BE TWO COMFORTERS ON THE BED?
12 A.: YES.
13 Q.: WHICH ONE WOULD BE EXPOSED?
14 A.: THE FLORAL ONE.
15 Q.: THE FIRST ONE I SHOWED YOU?
16 A.: CORRECT.
17 Q.: SO THE FLORAL ONE, THAT’S THE KIND OF GREEN AND
18 REDDISH COLORED ONE, WOULD BE THE ONE ON TOP?
19 A.: YES.
20 Q.: AND THE ONE DOWN BENEATH WOULD NOT BE EXPOSED TO
21 THE EVERY DAY DIRT AND GRIME?
22 A.: CORRECT.
23 Q.: WOULD THERE ALSO BE TYPICALLY SHEETS AND BLANKETS
24 ON THAT BED?
25 A.: YES.
26 Q.: AND HE SWEATS A LOT?
27 A.: YES.
28 Q.: ARE BOTH COMFORTERS LEFT ON THERE WHEN YOU WERE
.
7912
1 AROUND AT SLEEPING TIME OR WOULD ONE COME OFF OR WOULD BOTH OF
2 THEM COME OFF?
3 A.: DURING WHAT TIME?
4 Q.: NIGHTTIME, BEDTIME?
5 A.: WOULD THEY COME OFF DURING SLEEPING TIME?
6 Q.: WHEN YOU WERE WITH HIM CAMPING?
7 A.: YES.
8 Q.: WOULD HE USE BOTH COMFORTERS — WOULD YOU GUYS USE
9 BOTH COMFORTERS WHEN YOU WERE SLEEPING?
10 A.: I DID. HE DIDN’T.
11 Q.: ALONG WITH BLANKETS?
12 A.: YES.
13 Q.: WERE THERE ALSO PILLOW SHAMS?
14 A.: UM-HMM.
15 Q.: SAME COLORS — YOU HAVE TO ANSWER YES OR NO.
16 A.: I’M SORRY, YES.
17 Q.: WERE THERE PILLOW SHAMS ALSO FOR BOTH THESE
18 COMFORTERS FROM THE MOTOR HOME THAT I JUST SHOWED YOU?
19 A.: JUST FOR THE FLORAL ONES.
20 Q.: WERE THERE PILLOW SHAMS FOR THE COMFORTER IN THE
21 MASTER BEDROOM AT HOME?
22 A.: YES.
23 Q.: — HOW WOULD YOU GET THE TRAILER THAT KEPT THE SAND
24 TOYS, HOW WOULD YOU GET THOSE — WHERE WERE THEY KEPT?
25 A.: THEY WERE KEPT THE SAME PLACE THE MOTOR HOME WAS
26 KEPT.
27 Q.: SO THEY WERE NOT KEPT AT THE SITE WHERE YOU WERE —
28 AT THE HOUSE?
.
7913
1 A.: NO.
2 Q.: AND WHEN THE MOTOR HOME WAS BROUGHT TO THE LOCATION
3 IT WOULD BE FOR A SPECIFIC PURPOSE OF GOING ON A TRIP?
4 A.: MOST OF THE TIME, YES.
5 Q.: DID IT HAVE AN ALARM SYSTEM?
6 A.: YES.
7 Q.: DO YOU KNOW IF IT WORKED?
8 A.: YES.
9 Q.: DID MR. WESTERFIELD ACTIVATE THAT ALARM TO YOUR
10 KNOWLEDGE?
11 A.: YES, HE DID.
12 Q.: WHY?
13 A.: TO SHOW ME THAT IT WORKED.
14 Q.: WELL, AT OTHER TIMES WHEN HE WOULD LEAVE THE MOTOR
15 HOME UNATTENDED WOULD HE ACTIVATE THE ALARM?
16 A.: SOMETIMES HE WOULD.
17 Q.: DID YOU EVER TRY TO OPEN THAT DOOR TO THE MOTOR
18 HOME?
19 A.: YES.
20 Q.: HOW TALL ARE YOU?
21 A.: ABOUT FIVE-ONE AND A HALF.
22 Q.: AND THE MOTOR HOME DOOR HANDLE IS RIGHT ABOUT THE
23 TOP OF YOUR HEAD, ISN’T IT?
24 A.: IT’S ABOUT RIGHT — RIGHT — FACING THE THING IF I
25 REMEMBER.
26 Q.: HOW EASY IS IT TO OPEN?
27 A.: IT’S NOT REAL EASY BUT IT’S NOT HARD.
28 Q.: IT REQUIRES SOME STRENGTH, DOESN’T IT?
.
7914
1 A.: IT’S NOT LOOSE.
2 Q.: IT REQUIRES SOME STRENGTH, DOESN’T IT?
3 A.: A LITTLE BIT, YES.
4 Q.: SOMETIMES YOU HAVE TO PUT YOUR OTHER HAND AGAINST
5 THE WALL TO OPEN THE MOTOR HOME DOOR?
6 A.: I DIDN’T.
7 Q.: DID YOU SEE ANY PEOPLE THAT WOULD HAVE TO DO THAT
8 ON OCCASION?
9 A.: I NEVER REALLY PAID ATTENTION.
10 Q.: THE DEFENDANT WORKED OUT OF THE HOME WHILE YOU WERE
11 WITH HIM?
12 A.: YES.
13 Q.: SO HE’D BE AROUND THE HOUSE ALL DAY?
14 A.: YES.
15 Q.: WERE YOU WORKING AT THAT TIME?
16 A.: THE FIRST PART I WAS BUT THEN I WAS OUT ON
17 DISABILITY.
18 Q.: HE HAD NO SUPERVISORS OR ANYBODY, SECRETARIES
19 WORKING IN THE HOUSE WITH HIM WHEN HE WAS AT HOME ALONE?
20 A.: NO, NO.
21 Q.: WHEN YOU WOULD GO TO THE DESERT WOULD THERE BE ANY
22 DRINKING?
23 A.: YES.
24 Q.: WOULD THE DEFENDANT DRINK?
25 A.: YES.
26 Q.: DID YOU SEE ANY CHANGE IN ATTITUDE OR PERSONALITY?
27 A.: YES.
28 Q.: WHEN HE WOULD DRINK?
.
7915
1 MR. BOYCE: OBJECTION, 352.
2 THE COURT: OVERRULED.
3 MR. FELDMAN: CHARACTER, OBJECTION.
4 THE COURT: OVERRULED.
5
6 BY MR. DUSEK:
7 Q.: WHAT WOULD YOU SEE?
8 A.: HE WOULD BECOME VERY QUIET.
9 Q.: WHAT ELSE DID YOU SEE?
10 A.: SOMETIMES HE WOULD BECOME A LITTLE UPSET.
11 Q.: DEPRESSED?
12 A.: YES.
13 Q.: BASICALLY YOU’D SEE A CHANGE IN CHARACTER WHEN HE
14 WOULD DRINK, WOULDN’T YOU?
15 MR. BOYCE: OBJECTION, 352, ASKED AND ANSWERED.
16 THE COURT: OVERRULED.
17 YOU CAN ANSWER.
18 THE WITNESS: YES.
19
20 BY MR. DUSEK:
21 Q.: THE WAY HE IS AS A SOBER INDIVIDUAL WAS MUCH
22 DIFFERENT THAN WHEN HE’D BE DRINKING, CORRECT?
23 A.: CORRECT.
24 Q.: IS THAT ONE OF THE REASONS YOU LEFT?
25 A.: BECAUSE OF THE DRINKING?
26 Q.: YES.
27 A.: YES.
28 MR. DUSEK: THANK YOU, MA’AM.
.
7916
1 THE COURT: ALL RIGHT.
2 ANYTHING FURTHER, MR. BOYCE?
3
4 REDIRECT EXAMINATION +
5 BY MR. BOYCE:
6 Q.: SUSAN, DO YOU DRINK AT ALL?
7 A.: NO, VERY RARELY.
8 Q.: AND MR. DUSEK ASKED YOU SOME QUESTIONS ABOUT WHEN
9 YOU ARE HOME AT THE HOUSE.
10 DID YOU LIVE AT THE HOUSE WHILE YOU WERE ON
11 DISABILITY?
12 A.: YES, I DID.
13 Q.: AND HOW LONG WERE YOU ON DISABILITY?
14 A.: OVER A YEAR.
15 Q.: AND WHAT WAS THAT — WHAT WAS YOUR DISABILITY?
16 MR. DUSEK: OBJECTION, RELEVANCY.
17 THE COURT: SUSTAINED.
18 YOU NEED NOT ANSWER.
19
20 BY MR. BOYCE:
21 Q.: YOU WERE ALSO ASKED WHETHER THE MOTOR HOME WAS EASY
22 TO GET IN AND OUT OF. YOU DON’T KNOW WHETHER IT’S HARDER TO GET
23 IN AND OUT OF NOW THAT IT’S IN POLICE CUSTODY THAN IT WAS WHEN
24 YOU WERE GOING IN AND OUT OF THE MOTOR HOME, DO YOU?
25 A.: NO, I DON’T.
26 Q.: THE RELATIONSHIP THAT YOU WERE IN WITH MR.
27 WESTERFIELD, YOU DESCRIBED SEVERAL TIMES THAT YOU BROKE UP WITH
28 MR. WESTERFIELD?
.
7917
1 A.: CORRECT.
2 Q.: AND THIS — BUT THIS WAS A CONTINUOUS RELATIONSHIP
3 BETWEEN THE TIME THAT YOU MET HIM AND UNTIL ABOUT TWO OR THREE
4 WEEKS BEFORE YOU FOUND OUT HE WAS A SUSPECT IN THIS CASE; IS
5 THAT CORRECT?
6 A.: CORRECT.
7 Q.: YOU MENTIONED THAT DANIELLE, YOUR ONE DAUGHTER,
8 WOULD SPEND SOME WEEKENDS AT THE HOUSE WHILE YOU WERE LIVING
9 WITH MR. WESTERFIELD?
10 A.: YES.
11 Q.: YOUR OTHER DAUGHTER, CHRISTINE, DID SHE LIVE THERE
12 DURING A PERIOD OF TIME WHILE YOU WERE LIVING WITH MR.
13 WESTERFIELD?
14 A.: YES, SHE DID.
15 Q.: YOU SAID THAT ON MOST OCCASIONS THE MOTOR HOME
16 WOULD ONLY BE THERE BEFORE YOU WENT CAMPING, WAS THERE ALSO AT
17 LEAST ONE TIME WHEN THE MOTOR HOME WAS THERE AT THE PARK AND YOU
18 WERE DOING SOME ADDITIONS TO IT?
19 A.: YES, YES.
20 MR. DUSEK: OBJECTION, VAGUE AS TO TIME.
21 THE COURT: MAKE IT TIME SPECIFIC, COUNSEL.
22
23 BY MR. BOYCE:
24 Q.: WITHIN THE PAST YEAR, YEAR AND A HALF?
25 A.: YES.
26 Q.: THIS WAS THE NEW MOTOR HOME; IS THAT CORRECT?
27 A.: CORRECT.
28 Q.: THIS WAS AT THE PARK CLOSE TO MR. WESTERFIELD’S
.
7918
1 HOUSE?
2 A.: CORRECT.
3 Q.: MR. DUSEK SHOWED YOU A COPY OF A — WHAT APPEARED
4 TO BE A TRANSCRIPT THAT YOU MADE A CORRECTION ON; IS THAT
5 CORRECT? THAT’S IN FRONT OF YOU?
6 A.: YES.
7 Q.: YOU MADE A CORRECTION ON THAT TRANSCRIPT, DIDN’T
8 YOU?
9 A.: YES, I DID.
10 Q.: I WANT TO SHOW YOU A PAGE WHICH A — AND ASK YOU IF
11 IT APPEARS TO BE — DO YOU SEE THE SAME PARAGRAPH ON THIS PAGE
12 OF THE TRANSCRIPT MARKED WITH A D. A. STAMP OF 481? DO YOU SEE
13 THAT PARAGRAPH?
14 A.: NO.
15 Q.: OKAY. I WANT YOU TO READ THE UNDERLINED IN RED
16 PART OF THE LARGE PARAGRAPH IN THE MIDDLE TO YOURSELF.
17 A.: UM-HMM.
18 Q.: DOES THAT APPEAR TO BE A CORRECT STATEMENT OF WHAT
19 YOU TOLD THE POLICE?
20 A.: YES.
21 Q.: AND IN THAT STATEMENT IT’S "I MEAN HE TOLD ME THAT
22 THE NIGHT HE CAME HERE HE WAS SITTING OUTSIDE."
23 A.: YES.
24 Q.: DOESN’T SAY ANYTHING ABOUT YOU SAW HIM; IS THAT
25 CORRECT?
26 A.: CORRECT.
27 Q.: AND THAT IS DIFFERENT THAN THE STATEMENT THAT YOU
28 WERE SHOWN BY MR. DUSEK, IS THAT RIGHT?
.
7919
1 A.: THAT IS RIGHT.
2 Q.: AND THAT’S CONSISTENT WITH THE CORRECTION YOU MADE
3 ON THE STATEMENT THAT YOU SHOWED MR. DUSEK; IS THAT CORRECT?
4 A.: THAT’S CORRECT.
5 Q.: AND THIS IS IN THE PAGE THAT IS NUMBERED WITH THE
6 DISTRICT ATTORNEY DISCOVERY NO. 481 THAT I’VE JUST SHOWED YOU,
7 IS THAT RIGHT?
8 A.: THAT’S RIGHT.
9 Q.: NOW, IF THE LASPISAS, YOUR FRIENDS WERE CAMPING IN
10 THE DESERT AND THEY WERE ALREADY IN THE DESERT, YOU COULDN’T
11 CALL THEM AT HOME, COULD YOU?
12 MR. DUSEK: OBJECTION, ASSUMES THEY WERE IN THE DESERT.
13 THE COURT: SUSTAINED.
14 DO NOT ANSWER.
15 THE WITNESS: NO. OH.
16 MR. BOYCE: THANK YOU, SUSAN.
17 I HAVE NOTHING FURTHER.
18 THE COURT: ANYTHING FURTHER, MR. DUSEK?
19
20 RECROSS-EXAMINATION +
21 BY MR. DUSEK:
22 Q.: WE GAVE YOU A TRANSCRIPT TO LOOK AT WHEN YOU SHOWED
23 UP IN OUR OFFICE THIS MORNING, RIGHT?
24 A.: YES.
25 Q.: WE ASKED YOU IF THERE WERE ANY CORRECTIONS OR
26 ERRORS TO BE MADE?
27 A.: YES.
28 Q.: THE COPY YOU HAVE IN FRONT OF YOU IS THE ONE WE
.
7920
1 GAVE YOU?
2 A.: YES, IT IS.
3 Q.: DID YOU MAKE ANY CORRECTIONS ON THE PORTION WHERE
4 IT SAYS THE NIGHT I FOUND HIM SITTING OUTSIDE?
5 A.: NO, I DIDN’T.
6 MR. DUSEK: MAY I HAVE A MOMENT, YOUR HONOR?
7 THE COURT: SURE.
8 (PAUSE)
9 MR. DUSEK: YOUR HONOR, COULD WE APPROACH THE BENCH?
10 THE COURT: SURE. OPHELIA.
11
12
13 (BENCH CONFERENCE NOT PART OF PUBLIC RECORD.)
14 –OCC–
15
16
17
18
19
20
21
22
23
24
25
26
27
28
.
7921
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
.
7922
1
2
3
4
5
6
7 (THE FOLLOWING PROCEEDINGS WERE HELD IN
OPEN COURT IN THE PRESENCE OF THE JURY:)
8
9 BY MR. DUSEK:
10 Q.: ONE LAST AREA, MA’AM.
11 WHEN THE DEFENDANT WOULD BE DRINKING WOULD HE
12 BECOME FORCEFUL?
13 A.: I REMEMBER AN OCCASION THAT HE DID.
14 MR. DUSEK: THANK YOU, MA’AM.
15 THE COURT: ALL RIGHT.
16 ANYTHING FURTHER, MR. BOYCE?
17 MR. BOYCE: NO, YOUR HONOR.
18 THE COURT: ALL RIGHT. IS THIS WITNESS TO BE EXCUSED?
19 MR. DUSEK: YES.
20 MR. FELDMAN: YES.
21 THE COURT: ALL RIGHT, MA’AM. THANK YOU FOR COMING IN.
22 YOU’RE FREE TO LEAVE THESE PROCEEDINGS. PLEASE REMEMBER YOU’RE
23 NOT TO DISCUSS YOUR TESTIMONY WITH ANYONE UNTIL THE MATTER’S
24 CONCLUDED. OKAY? THANK YOU.
25 ALL RIGHT.
26 MR. FELDMAN: SERGEANT HOLMES.
27
28 ///
.
7923
1 -WILLIAM HOLMES, +
2 DEFENDANT’S WITNESS, HAVING BEEN SWORN, TESTIFIED AS FOLLOWS:
3
4 THE COURT: PLEASE HAVE A SEAT, SERGEANT.
5 THE CLERK: SIR, PLEASE STATE YOUR NAME AND SPELL IT FOR
6 THE RECORD.
7 THE WITNESS: WILIAM HOLMES, H-O-L-M-E-S.
8 MR. FELDMAN: PROCEED, YOUR HONOR?
9 THE COURT: SURE.
10
11 DIRECT EXAMINATION +
12 BY MR. FELDMAN:
13 Q.: GOOD MORNING, SIR.
14 A.: GOOD MORNING.
15 Q.: COULD YOU TELL US WHAT’S YOUR OCCUPATION?
16 A.: I’M A DETECTIVE SERGEANT FOR THE SAN DIEGO POLICE
17 DEPARTMENT.
18 Q.: DO YOU HAVE A PARTICULAR ASSIGNMENT?
19 A.: YES, SIR. I’M THE SUPERVISOR IN CHARGE OF HOMICIDE
20 TEAM 4.
21 Q.: AND IS THAT THE HOMICIDE TEAM THAT’S BEEN INVOLVED
22 IN THIS CASE TO A SUBSTANTIAL EXTENT?
23 A.: YES, SIR.
24 Q.: AND SOME OF THE INDIVIDUALS THAT YOU SUPERVISED
25 HAVE THEY TESTIFIED BEFORE THIS JURY?
26 A.: YES, SIR.
27 Q.: CAN YOU TELL US WHO THOSE WERE, PLEASE?
28 A.: DETECTIVE JIM TOMSOVIC, AND KAREN LEALCALA.
.
7924
1 Q.: OKAY. SIR, DID YOU HAVE OCCASION TO BECOME
2 INVOLVED IN THE INVESTIGATION INVOLVING THE DISAPPEARANCE OF
3 DANIELLE VAN DAM?
4 A.: YES, SIR.
5 Q.: DO YOU RECALL WHEN YOUR FIRST INVOLVEMENT WAS?
6 A.: YES, SIR. I WAS CALLED AT HOME ABOUT 11 O’CLOCK AT
7 NIGHT, MONDAY NIGHT, FEBRUARY 4TH.
8 Q.: AND UPON YOUR GETTING A PHONE CALL WHAT, IF
9 ANYTHING, DID YOU DO?
10 A.: I WAS DIRECTED TO PROCEED TO NOTIFY THE REST OF MY
11 TEAM AND PROCEED TO THE NORTHEASTERN SUBSTATION.
12 Q.: AND DID YOU DO SO?
13 A.: YES, SIR.
14 Q.: AT ABOUT THAT TIME WAS DAVID WESTERFIELD, TO YOUR
15 KNOWLEDGE, A SUSPECT IN THE CASE?
16 A.: YES, SIR.
17 Q.: FOLLOWING YOUR — I TAKE IT THERE WAS A MEETING AT
18 NORTHEASTERN, IS THAT RIGHT?
19 A.: YES, SIR. THERE WAS A BRIEFING WHEN WE ARRIVED.
20 Q.: AND WHEN YOU SAY "BRIEFING" I GUESS YOU’RE
21 COMMUNICATING THAT INFORMATION IS BEING PROVIDED TO THE VARIOUS
22 LAW ENFORCEMENT OFFICERS AS THINGS ARE EVOLVING?
23 A.: YES.
24 Q.: AND YOU WERE BRIEFED THAT MR. WESTERFIELD WAS A
25 POTENTIAL SUSPECT?
26 A.: YES, SIR.
27 Q.: DO YOU RECALL WHAT TIME THE BRIEFING ENDED?
28 A.: ABOUT 2 O’CLOCK IN THE MORNING ON TUESDAY MORNING
.
7925
1 THE 5TH.
2 Q.: TO THE BEST OF YOUR KNOWLEDGE, FROM THE TIME YOU
3 ORIGINALLY BRIEFED OR BECAME BRIEFED OR WERE BRIEFED ON A
4 SUBJECT, I THINK YOU TOLD US FEBRUARY 4 AT 11 — I WROTE 11:00
5 A.M. BUT YOU SAID P.M., DIDN’T YOU, SIR?
6 A.: THAT’S WHEN I WAS CALLED AT HOME. THE BRIEFING
7 ACTUALLY STARTED ABOUT 1 O’CLOCK IN THE MORNING ON THE 5TH,
8 TUESDAY THE 5TH.
9 Q.: WHEN YOU GOT THE CALL AT HOME WERE YOU ADVISED
10 DAVID WESTERFIELD WAS A SUSPECT?
11 A.: NO, SIR.
12 Q.: BY 1 O’CLOCK IN THE MORNING OR AFTER THE BRIEFING
13 WERE YOU AWARE — HAD YOU BECOME AWARE DAVID WESTERFIELD WAS A
14 SUSPECT?
15 A.: YES, SIR.
16 Q.: TO YOUR KNOWLEDGE, FROM FEBRUARY THE 4TH OR 5TH —
17 NO, FROM FEBRUARY THE 4TH UNTIL THE TIME MR. WESTERFIELD WAS
18 ARRESTED WAS MR. WESTERFIELD CONTINUOUSLY SURVEILLED BY ONE OR
19 MORE IN LAW ENFORCEMENT OFFICERS?
20 A.: NOT ON THE 4TH TO MY KNOWLEDGE.
21 Q.: HOW ABOUT THE 5TH?
22 A.: THE 5TH, YES.
23 Q.: FROM HOW EARLY TO THE BEST — SIR, JUST TO THE BEST
24 OF YOUR KNOWLEDGE, WHEN DID THE SURVEILLANCE COMMENCE?
25 A.: ABOUT 2:15 IN THE MORNING.
26 Q.: AND WHEN DID IT END?
27 A.: WHEN HE WAS ARRESTED ON FEBRUARY 22ND.
28 Q.: AND THAT WAS CONTINUOUS, IS THAT RIGHT?
.
7926
1 A.: YES, SIR.
2 Q.: AND BY "CONTINUOUS" THAT MEANS THERE WERE OFFICERS
3 THAT CONTINUOUSLY HAD HIM UNDER EYEBALL SURVEILLANCE MORE OR
4 LESS?
5 A.: YES, SIR.
6 Q.: DID YOU ALSO HAVE ANYTHING ATTACHED TO ANY OF HIS
7 VEHICLES TO INSURE THE ABILITY OF LAW ENFORCEMENT TO BE ABLE TO
8 TRACK HIS MOVES?
9 A.: YES, SIR.
10 Q.: AND WAS IT A FUNCTIONAL DEVICE OF SOME KIND?
11 A.: YES, SIR.
12 Q.: AND DID IT PERMIT YOU TO TRACK HIM?
13 A.: YES, SIR.
14 Q.: AT ANY TIME DID — EXCUSE ME.
15 (PAUSE)
16 TO THE BEST OF YOUR KNOWLEDGE, DID ANY OF THE
17 SURVEILLANCE TAKE ANY OF THE — OR STRIKE THAT.
18 TO THE BEST OF YOUR KNOWLEDGE, DID ANY OF MR.
19 WESTERFIELD’S ACTIVITIES TAKE HIM TO THE AREA OF THE SINGING
20 HILLS COUNTRY CLUB WHILE HE WAS BEING SURVEILLED?
21 A.: NOT WHILE HE WAS BEING SURVEILLED, NO, SIR.
22 Q.: WHILE HE WAS BEING SURVEILLED DID HE GO TO THE AREA
23 OF DEHESA ROAD?
24 A.: NO, SIR.
25 MR. FELDMAN: NO FURTHER QUESTIONS.
26 THE COURT: CROSS-EXAMINATION.
27 ///
28 ///
.
7927
1 CROSS-EXAMINATION +
2 BY MR. DUSEK:
3 Q.: UP UNTIL 2 O’CLOCK ON — IN THE MORNING ON FEBRUARY
4 5TH HE WAS NOT BEING SURVEILLED?
5 A.: NO, SIR.
6 Q.: YOU TALK ABOUT YOUR BEING HOMICIDE. WERE THERE
7 OTHER LAW ENFORCEMENT AGENTS — DIVISIONS INVOLVED BEFORE YOU
8 GUYS GOT INVOLVED?
9 A.: YES, SIR, A VARIETY OF DIVISIONS.
10 Q.: WHO WOULD BE THE INITIAL GROUP?
11 A.: THE INITIAL RESPONDING GROUP WOULD HAVE BEEN THE
12 NORTHEASTERN DIVISION PATROL PEOPLE.
13 Q.: SO THOSE WOULD BE THE PEOPLE THAT WOULD RESPOND TO
14 THE 911 CALL?
15 A.: YES, SIR.
16 Q.: AND THE PATROL OFFICERS WOULD TRY TO HANDLE IT AS
17 BEST THEY COULD?
18 A.: YES, SIR.
19 Q.: AND IF IT WAS BIGGER THAN THEM THEY’D CALL IN THE
20 AREA DETECTIVES?
21 A.: YES, SIR.
22 Q.: AND AT SOME POINT AS IT BECAME BIGGER THAN, TEN IT
23 WOULD BE TURNED OVER TO ROBBERY?
24 A.: YES, SIR.
25 Q.: WHY WAS THAT?
26 A.: IN OUR DEPARTMENT OUR ROBBERY DIVISION ALSO HANDLES
27 KIDNAPPINGS. WHEN IT BECAME APPARENT THAT DANIELLE VAN DAM HAD
28 BEEN KIDNAPPED —
.
7928
1 MR. FELDMAN: OBJECTION. THAT’S CONCLUSION, YOUR HONOR.
2 THE COURT: AS TO THE CONCLUSION, SUSTAINED.
3 MR. BOYCE: MOVE TO STRIKE.
4 THE COURT: THE JURY’S TO DISREGARD BUT YOU CAN REPHRASE
5 IT, MR. DUSEK.
6
7 BY MR. DUSEK:
8 Q.: AT SOME POINT IN TIME WAS THE CASE TURNED OVER FROM
9 THE AREA DETECTIVES TO ROBBERY?
10 A.: YES, SIR.
11 Q.: AND THAT AT SOME POINT — AND THEY HANDLE
12 KIDNAPPINGS?
13 A.: YES, SIR.
14 Q.: WHAT DO YOU HANDLE?
15 A.: HOMICIDES.
16 Q.: WHEN WAS IT TURNED OVER TO YOU?
17 A.: WE WERE CALLED IN AT 11 O’CLOCK MONDAY NIGHT ON THE
18 4TH.
19 Q.: THAT WAS BEFORE EVEN DANIELLE WAS FOUND?
20 A.: YES, SIR.
21 Q.: MR. WESTERFIELD LIVES HOW FAR AWAY FROM THE VAN
22 DAMS?
23 A.: TWO HOUSES AND ACROSS THE STREET.
24 Q.: AND PART OF THE SURVEILLANCE WAS OBVIOUSLY LAW
25 ENFORCEMENT OF MR. WESTERFIELD?
26 A.: YES, SIR.
27 Q.: AND THERE WERE MEDIA PERSONNEL THAT WERE ALSO
28 TRAILING HIM AROUND?
.
7929
1 A.: OH, YES.
2 Q.: WERE THERE MEDIA PERSONNEL ALSO TRAILING THE VAN
3 DAMS AROUND?
4 A.: YES, SIR.
5 Q.: CONSTANTLY, WEREN’T THEY?
6 A.: YES, SIR.
7 Q.: SO BASICALLY MR. WESTERFIELD AND THE VAN DAMS WERE
8 UNDER SURVEILLANCE THROUGH MOST OF THAT TIME?
9 A.: YES, SIR.
10 MR. DUSEK: THANK YOU, SIR.
11 THE COURT: ANYTHING FURTHER, MR. FELDMAN?
12 MR. FELDMAN: YES.
13
14 REDIRECT EXAMINATION +
15 BY MR. FELDMAN:
16 Q.: I’M SORRY. THE QUESTION MR. DUSEK ASKED YOU ABOUT
17 THE MEDIA, MR. WESTERFIELD WAS ALSO BEING SURVEILLED BY THE
18 MEDIA IN ADDITION TO LAW ENFORCEMENT, IS THAT RIGHT?
19 A.: OH, YES, SIR.
20 Q.: SO — AND I’M SORRY, I THOUGHT YOU SAID THE
21 SURVEILLANCE DIDN’T COMMENCE, SO MAYBE I JUST MISUNDERSTOOD.
22 MR. WESTERFIELD WAS UNDER SURVEILLANCE, TO THE BEST
23 OF YOUR KNOWLEDGE, BY OTHER UNITS OR OTHER DIVISIONS OF THE
24 POLICE DEPARTMENT, IS THAT RIGHT?
25 MR. DUSEK: OBJECTION, VAGUE AS TO WHEN.
26 MR. FELDMAN: I’LL REPHRASE.
27 THE COURT: ALL RIGHT.
28 ///
.
7930
1 BY MR. FELDMAN.
2 Q.: DID YOU UNDERSTAND OR DID YOU COME TO UNDERSTAND
3 THAT BEFORE FEBRUARY THE 5TH AT 1:00 A.M. WHEN I THINK YOU TOLD
4 US YOU FIRST LEARNED OF HIS BEING A SUSPECT, WERE YOU AWARE THAT
5 HE HAD BEEN IN THE COMPANY OF OTHER LAW ENFORCEMENT OFFICERS?
6 A.: HE HAD BEEN IN THE ACCOMPANI — HE WAS NOT UNDER
7 SURVEILLANCE UNTIL I INITIATED SURVEILLANCE.
8 Q.: OKAY. BUT HE HAD BEEN WITH — POLICE OFFICERS HAD
9 BEEN WITH MR. WESTERFIELD, TO THE BEST OF YOUR KNOWLEDGE, FROM
10 APPROXIMATELY 8:50 IN THE MORNING ON THE 4TH UNTIL YOU COMMENCED
11 OFFICIAL SURVEILLANCE OR FORMAL SURVEILLANCE, IS THAT RIGHT?
12 A.: NOT CONTINUOUSLY. THROUGHOUT THAT DAY, BUT NOT
13 CONTINUOUSLY.
14 (PAUSE)
15 MR. FELDMAN: THERE’S A CALENDAR. COUNSEL KNOWS — I’M
16 SORRY. AH,, COULD WE HAVE MARKED AS COURT’S NEXT IN ORDER A
17 CALENDAR?
18 THE COURT: ALL RIGHT. IT WILL BE 169.
19 (MARKED FOR ID: = TRIAL EX. 169-CALENDAR 2/02)
20
21 BY MR. FELDMAN:
22 Q.: SIR, SHOWING YOU WHAT’S BEEN MARKED 169 — I’LL
23 FIND A PEN. THIS LOOKS PRETTY GOOD.
24 FEBRUARY THE 4TH WAS A MONDAY. THAT WAS THE — I
25 THINK YOU TOLD US THE DAY YOU BECAME AWARE THAT SOME LAW
26 ENFORCEMENT OFFICERS HAD BEEN WITH MR. WESTERFIELD. BUT
27 FEBRUARY THE 5TH WAS THE DAY IN THE EARLY MORNING HOURS THAT I
28 GUESS YOU WERE FORMALLY ASSIGNED TO THE CASE?
.
7931
1 A.: YES, SIR.
2 Q.: MR. WESTERFIELD WAS THEN ARRESTED ON FEBRUARY 22,
3 IS THAT RIGHT?
4 A.: YES, SIR.
5 Q.: DO YOU RECALL APPROXIMATELY WHAT TIME?
6 A.: OH, SHORTLY BEFORE NOON.
7 Q.: WOULD YOU JUST DRAW A RED BOX OR —
8 MR. DUSEK: YOUR HONOR, PERHAPS — THIS EXHIBIT IS TO BE
9 USED FOR OTHER PURPOSES. THIS WAS OUR EXHIBIT.
10 THE COURT: ALL RIGHT. AT THIS POINT IN TIME LET’S JUST
11 USE IT FOR REFERENCE, MR. FELDMAN.
12 MR. FELDMAN: OKAY.
13 Q.: FEBRUARY THE 22ND WAS THE DAY THAT MR. WESTERFIELD
14 WAS ARRESTED, IS THAT RIGHT?
15 A.: YES, SIR.
16 Q.: AND THEN FEBRUARY THE 27TH AT APPROXIMATELY 2:00, 2
17 O’CLOCK IN THE AFTERNOON WAS THE DAY DANIELLE VAN DAM WAS
18 LOCATED, IS THAT RIGHT?
19 A.: YES, SIR.
20 Q.: AND FEBRUARY THE 28TH WAS THE DATE OF THE AUTOPSY,
21 IS THAT RIGHT?
22 A.: YES, SIR.
23 Q.: SIR, YOU TOLD US THAT YOU WORKED HOMICIDE. WHAT’S
24 A HOMICIDE?
25 A.: BASICALLY WE WORK SUSPICIOUS DEATHS WHERE THE CAUSE
26 OF DEATH CAN’T IMMEDIATELY BE DETERMINED, AND THEN OBVIOUSLY,
27 DEATHS THAT YOU CAN DETERMINE, SUCH AS GUNSHOTS, STABBINGS,
28 HANGINGS, THINGS LIKE THAT. WE ALSO WORK OFFICER INVOLVED
.
7932
1 SHOOTINGS IN OUR CITY WHERE A POLICE OFFICER, REGARDLESS OF
2 WHETHER HE’S A SAN DIEGO OFFICER OR SOME OTHER LAW ENFORCEMENT
3 OFFICER, SHOOTS AND HITS A PERSON.
4 Q.: SO, IN OTHER WORDS, IT’S THE HOMICIDE UNIT’S JOB TO
5 INVESTIGATE CRIMES THAT CAN INVOLVE INVOLUNTARY MANSLAUGHTER?
6 MR. DUSEK: OBJECTION, IRRELEVANT, 352.
7 THE COURT: WELL, IF YOU UNDERSTAND YOU MAY ANSWER,
8 SERGEANT. IF YOU DON’T JUST INDICATE.
9 THE WITNESS: YES.
10
11 BY MR. FELDMAN:
12 Q.: YOUR UNIT THEN BASICALLY INVESTIGATES ALL KINDS OF
13 MURDER, RIGHT?
14 A.: YES.
15 Q.: FIRST-DEGREE MURDERS, SECOND DEGREE MURDERS, RIGHT?
16 MR. DUSEK: OBJECTION, LEGAL CONCLUSION FOR SOMEBODY
17 ELSE.
18 THE COURT: SUSTAINED.
19
20 BY MR. FELDMAN:
21 Q.: DOES YOUR INVESTIGATION FOCUS ON WHETHER OR NOT
22 FROM TIME TO TIME A MURDER IS A FIRST-DEGREE MURDER OR SECOND
23 DEGREE MURDER?
24 MR. DUSEK: OBJECTION, BEYOND THE SCOPE, 352.
25 THE COURT: WELL, IT’S IRRELEVANT AS TO WHAT DEGREE.
26 SUSTAINED ON THAT GROUND.
27
28 ///
.
7933
1 BY MR. FELDMAN:
2 Q.: HOW ABOUT DO YOU INVESTIGATE DISTINCTIONS BETWEEN
3 MURDER AND MANSLAUGHTER?
4 MR. DUSEK: OBJECTION, IRRELEVANT.
5 THE COURT: WELL, I THINK I KNOW THE ANSWER BUT YOU CAN
6 ANSWER THAT, DETECTIVE, WHETHER YOUR UNIT DOES THAT DISTINCTION.
7 THE WITNESS: WE INVESTIGATE ALL MURDERS AS MURDERS.
8
9 BY MR. FELDMAN:
10 Q.: ALL HOMICIDES?
11 A.: ALL HOMICIDES AS HOMICIDES AS MURDERS.
12 Q.: OKAY. SO YOU DON’T MAKE THAT DISTINCTION?
13 A.: NO, SIR.
14 Q.: THAT’S FOR THE D. A.’S OFFICE OR THE COURTS OR
15 JURIES?
16 A.: YES, SIR.
17 Q.: ALL RIGHT.
18 JUST WITH REGARD TO THE SURVEILLANCE AGAIN, AND
19 QUICK, WAS MR. — TO YOUR KNOWLEDGE, WAS MR. WESTERFIELD’S CELL
20 PHONE TAPED — TAPPED? I SAID TAPED, SORRY.
21 A.: NO, IT WAS NOT.
22 Q.: WAS THERE A — IS THERE A DISTINCTION BETWEEN A
23 PHONE TAP AND A PHONE TRAP?
24 A.: YES, SIR.
25 Q.: WHAT’S THAT DISTINCTION, SIR?
26 A.: I ASSUME WHEN YOU SAY TAP YOU MEAN THAT WE CAN
27 LISTEN TO THE CONVERSATION OR RECORD THE CONVERSATION?
28 Q.: YES.
.
7934
1 A.: AND THAT WAS NOT DONE. BUT A TRAP CAN CAPTURE THE
2 PHONE NUMBERS THAT ARE COMING INTO THAT PHONE OR BEING MADE FROM
3 THAT PHONE.
4 Q.: AND WAS THAT DONE IN THIS CASE?
5 A.: NO. WE JUST GOT THE CELL PHONE RECORDS.
6 Q.: AND WHAT ABOUT ON — DO YOU REMEMBER WHAT WAS THE
7 CELL PHONE NUMBER?
8 A.: NO. I DON’T HAVE IT OFF THE TOP OF MY HEAD.
9 Q.: WERE THE LAST FOUR DIGITS OF THE CELL PHONE 5403?
10 A.: I DON’T KNOW.
11 Q.: DO YOU REMEMBER WHAT MR. WESTERFIELD’S LAST — THE
12 LAST FOUR DIGITS OF MR. WESTERFIELD’S SOCIAL SECURITY WERE?
13 A.: OFF THE TOP OF MY HEAD, NO.
14 Q.: I’M SORRY. I SAID 5403. 5203. DON’T REMEMBER
15 WHETHER THAT’S 5203, HUH?
16 A.: NO, SIR.
17 Q.: WITH REGARD TO HIS PHONE, NOT A CELL PHONE, A REAL
18 PHONE, THAT TELEPHONE, DID YOU USE A PHONE TRAP ON THAT AT ALL?
19 A.: I DON’T BELIEVE ON HIS, NO, SIR.
20 Q.: THANK YOU VERY MUCH.
21 NOTHING FURTHER.
22 THE COURT: ANYTHING FURTHER?
23
24 RECROSS-EXAMINATION +
25 BY MR. DUSEK:
26 Q.: DID YOU SEEK CELL PHONE RECORDS ON ANY OTHER PEOPLE
27 INVOLVED IN THIS CASE?
28 A.: YES, SIR.
.
7935
1 Q.: HOW MANY PEOPLE?
2 A.: OH, OFF THE TOP OF MY HEAD AT LEAST SIX, MAYBE
3 MORE.
4 Q.: DO YOU RECALL WHO THEY WERE?
5 A.: SOME OF THEM.
6 Q.: WHICH ONES DO YOU RECALL?
7 MR. BOYCE: OBJECTION, RELEVANCE.
8 THE COURT: OVERRULED.
9 THE WITNESS: THE VAN DAMS, THE FOUR PEOPLE WHO WERE AT
10 THE BAR AT DAD’S BAR.
11
12 BY MR. DUSEK:
13 Q.: ANYBODY ELSE?
14 A.: OFF THE TOP OF MY HEAD, THAT’S IT.
15 MR. DUSEK: THANK YOU, SIR.
16 THE COURT: OKAY, SERGEANT.
17 WHOOPS, OKAY.
18
19 REDIRECT EXAMINATION +
20 BY MR. FELDMAN:
21 Q.: THIS WAS IF NOT THE BIGGEST ONE OF THE BIGGEST
22 INVESTIGATIONS YOU’VE EVER PARTICIPATED IN, IS THAT A FAIR
23 STATEMENT?
24 A.: NOT THE BIGGEST BUT ONE OF THE BIGGEST.
25 THE COURT: OKAY, SERGEANT.
26 MR. FELDMAN: NOTHING FURTHER, SIR.
27 THE COURT: SIR, YOU’RE NOT GOING TO LEAVE BUT YOU CAN
28 RESUME YOUR SEAT.
.
7936
1 THE COURT: ALL RIGHT. FOLKS, WE’LL TAKE OUR LUNCH
2 BREAK. PLEASE REMEMBER THE ADMONITION OF THE COURT NOT TO
3 DISCUSS ANY OF THE EVIDENCE OR TESTIMONY AMONG YOURSELVES NOR
4 WITH OTHERS, NOR FORM OR EXPRESS ANY OPINIONS ON THE CASE UNTIL
5 IT IS SUBMITTED TO YOU.
6 HAVE A PLEASANT LUNCH. WE’LL SEE YOU AT 1:30.
7 HALF PAST 1:00.
8 (AT 12:03 P.M. THE JURY WAS EXCUSED
AND THE FOLLOWING PROCEEDINGS WERE HAD:)
9
10 THE COURT: OKAY. THE RECORD SHOULD REFLECT THE JURORS
11 AND ALTERNATES HAVE LEFT THE COURTROOM.
12 COUNSEL, BEFORE WE BREAK FOR LUNCH I JUST WANT TO
13 VERIFY THAT BOTH OF YOU HAVE RECEIVED A COPY OF MR. VAN DAM’S
14 MOTION TO BE RE-ADMITTED? YOU HAVE RECEIVED THAT?
15 MR. FELDMAN: YES, YOUR HONOR.
16 THE COURT: SO BOTH OF YOU WILL BE PREPARED TO ARGUE THAT
17 TOMORROW?
18 MR. FELDMAN: YES, YOUR HONOR.
19 THE COURT: ALL RIGHT.
20 ALL RIGHT. WE’LL BE IN RECESS TILL 1:30.
21 (AT 12:04 P.M. THE NOON RECESS WAS
TAKEN UNTIL 1:30 P.M. OF THE SAME DAY.)
22
23 –O0O–
