30072 – July 30th 2002 -Transcript of David Westerfield Trial Day 25 – morning 2

TRIAL DAY 25 – PART 2- morning 2


SAN DIEGO, CALIFORNIA, TUESDAY, JULY 30, 2002, (morning 2)


WITNESSES:
William B. Holmes (Continued), Madison Lee Goff (Forensic science department university of Honolulu, testified about Danielle’s body been available to bugs as earlier as Feb 2nd 2002)


8931

1 THE COURT: OKAY. WELCOME BACK, LADIES AND GENTLEMEN.

2 ALL RIGHT. MR. FELDMAN.

3

4 BY MR. FELDMAN:

5 Q.: SIR, THANK YOU FOR THE HELP AT BREAK.

6 A.: YOU’RE WELCOME.

7 Q.: DIRECTING YOUR ATTENTION TO WHAT’S BEEN PREVIOUSLY

8 MARKED 4, THIS BOARD WE’VE CALLED THE DEHESA RECOVERY SITE, AND

9 I THINK YOU TOLD US THAT WHEN INITIALLY YOU LOCATED THE BODY IT

10 WAS UNDERNEATH AN OAK TREE.

11 I’D LIKE TO DIRECT YOUR ATTENTION TO 4D. DOES

12 4D — AND WE SEE A CIRCLE ALREADY ON THE PHOTOGRAPH. SIR, DOES

13 THAT ACCURATELY DEPICT YOUR RECOLLECTION OF THE LOCATION OF THE

14 BODY WHEN FIRST IT WAS FOUND?

15 A.: YES, SIR, LOOKING FROM THE NORTH.

16 Q.: OKAY.

17 COULD YOU PLEASE EXPLAIN THAT TO ME? WHAT DO YOU

18 MEAN LOOKING FROM THE NORTH? IS NORTH TO THE TOP? IS NORTH TO

19 THE BOTTOM?

20 A.: NORTH IS TO THE BOTTOM OF “D”.

21 Q.: SO IF I PUT AN “N” ON THE PHOTOGRAPH, DO I PUT THE

22 ARROW POINTING DOWNWARD?

23 A.: POINTING DOWN, YES, SIR.

24 Q.: SO, FOR THE RECORD, I’M PUTTING IT IN AND PUTTING

25 AN ARROW POINTING DOWNWARD. DOES THAT ACCURATELY DEPICT THE

26 VIEW?

27 A.: YES, SIR.

28 Q.: OKAY.

8932

1 EXHIBIT D IS FOLLOWED BY “E”. IS “E” A CLOSER UP

2 OF “D”? WAS THE INTENT IN “E” TO CAPTURE A CLOSER UP PHOTO OF

3 “E”? I’M SORRY — YEAH, CAPTURE A CLOSER PHOTO OF “D”?

4 A.: YES, SIR. BUT YOU HAVE TO UNDERSTAND THAT THERE’S

5 A SERIES OF PHOTOS —

6 Q.: YES, SIR.

7 A.: — AND THERE ARE PHOTOS LEFT OUT IN BETWEEN.

8 Q.: WERE ANY PHOTOS TAKEN OTHER THAN — WELL, LET ME

9 DIRECT YOUR ATTENTION TO 4E, “F” AND MORE SPECIFICALLY DIRECT

10 YOUR ATTENTION TO THE AREA OF THE EAR.

11 DO YOU SEE ANYTHING IN THE AREA OF THE EAR THAT’S

12 WHITE?

13 A.: YES, SIR.

14 Q.: AND WHAT COLOR ARE MAGGOTS?

15 A.: WHITE.

16 Q.: DID ANY — DID YOU MAKE ANY EFFORTS TO RETRIEVE

17 ANYTHING IN THE AREA OF HER EAR THAT WAS WHITE?

18 A.: IF YOU’RE ASKING IF WE RETRIEVED MAGGOTS FROM HER

19 EAR, NO, WE DID NOT.

20 Q.: YOU TOLD US I THINK THAT THE RETRIEVAL — THERE WAS

21 EFFORTS MADE TO RETRIEVE BUGS THAT EVENING, IS THAT A FAIR

22 STATEMENT?

23 A.: YES, SIR.

24 Q.: THAT WAS AFTER SUNSET, THOUGH, ISN’T THAT TRUE?

25 A.: YES, SIR.

26 Q.: SO THE WEATHER WOULD HAVE COOLED?

27 A.: YES, SIR.

28 Q.: AND “B” IN EXHIBIT 4 AND “C” IN EXHIBIT 4, WE’VE

8933

1 ALREADY GOT CIRCLES, THESE DEPICT MORE SPECIFICALLY THAT WHICH

2 WE SEE IN “D” IN THE AREA SURROUNDING THE BODY AS WE SEE THE

3 BODY IN “E”; IS THAT CORRECT?

4 A.: YES, SIR, LOOKING FROM THE SOUTH.

5 Q.: SO THIS TIME IF I PUT AN “S” AT “B”?

6 A.: GOING DOWN.

7 Q.: OKAY.

8 A.: NORTH IS TO THE TOP ON THAT PHOTO, OR ROUGHLY THE

9 TOP.

10 Q.: AM I ACCURATE IF I DRAW AN ARROW DOWN?

11 A.: YES, SIR.

12 Q.: THANK YOU.

13 AS TO “B”?

14 A.: AND “C”

15 Q.: “B” AND “C”? OKAY.

16 SO BASICALLY PORTIONS OF HER BODY ARE SHADED AND

17 PORTIONS OF HER BODY ARE LEFT EXPOSED, IS THAT RIGHT?

18 A.: SHADED FROM THE SUN?

19 Q.: YES.

20 A.: NO. SHE WAS TOTALLY IN THE SHADE.

21 Q.: OKAY. EXCEPT INSOFAR AS IF THE SUN WAS UP IT MIGHT

22 PENETRATE THROUGH HER — SUNLIGHT MIGHT PENETRATE THROUGH THE

23 TREES, IS THAT RIGHT?

24 A.: IT WOULD BE VERY VERY FILTERED IF IT DID.

25 Q.: OKAY.

26 A.: AND IF I CAN POINT OUT —

27 Q.: PLEASE.

28 A.: — IN “B” AND “C”, WHAT YOU SEE CIRCLED —

8934

1 Q.: YES.

2 A.: — HAS BEEN ALTERED —

3 Q.: OKAY.

4 A.: — BY US.

5 Q.: PLEASE, COULD YOU TELL US JUST HOW THAT WAS DONE OR

6 WHAT THE PURPOSE OF THE ALTERATION WAS?

7 A.: IN THE CENTER OF “B” AND TO THE LEFT OF CENTER IN

8 “C” YOU SEE AN AREA THAT LOOKS LIKE IT GOES CLEAR THROUGH THE

9 TREE. WHEN WE ORIGINALLY ARRIVED AT THE SCENE IT WASN’T LIKE

10 THAT. IT WAS TOTALLY BRUSH FILLED THERE. SO YOU REALLY DIDN’T

11 HAVE ACCESS FROM THE ROAD TO WHERE THE BODY WAS. WE REMOVED THE

12 BRUSH ALONGSIDE THE ROAD AND TO THE SOUTH OF THE BODY SO WE

13 COULD GET INTO THE SCENE AND PROCESS HER BODY.

14 Q.: SO YOU THINK — YOU’RE TELLING US THAT IT’S A

15 FAIRLY STEEP INCLINE FROM THE ROAD TO THE AREA WHERE YOU GOT TO

16 THE BODY, IS THAT RIGHT, SIR?

17 A.: YES. YES, SIR. WE ACTUALLY CUT INTO THE BANK SOME

18 FOOTSTEPS, NOT WITH WOOD OR ANYTHING LIKE THAT, BUT WITH THE

19 SHOVEL WE CUT SOME HOLES WHERE IT ASSISTED IN THE FOOTING GOING

20 UP AND DOWN THAT THING.

21 Q.: ALL RIGHT.

22 SO THAT WAS BOTH FOR OFFICER SAFETY AND TO MAKE

23 SURE YOU STEPPED ON THE SAME SPOT CONSISTENTLY, RIGHT?

24 A.: YES, SIR.

25 Q.: ALL RIGHT.

26 DIRECTING YOUR ATTENTION TO WHAT’S BEEN PREVIOUSLY

27 MARKED 41 — I’M SORRY. YOU TOLD US — THIS IS MY MEMORY. I

28 DON’T HAVE MY NOTES IN FRONT OF ME. I THOUGHT YOU SAID 504

8935

1 POINT SOMETHING MILES ROUND TRIP?

2 A.: I THINK IT WAS 552 POINT SOMETHING, POINT SIX

3 MAYBE.

4 Q.: AND YOU TOLD US, AT LEAST WHEN YOU GO OUT TO THE

5 DESERT, YOU TAKE HIGHWAY 8 IN YOUR MOTOR HOME, IS THAT RIGHT?

6 A.: YES, SIR.

7 Q.: WHEN YOU GO OUT IN YOUR — TO THE DESERT IN YOUR

8 MOTOR HOME, SIR, DO YOU STOCK UP WHEN YOU’RE PLANNING TO SPEND

9 THE NIGHT?

10 A.: OH, YES.

11 Q.: DO YOU CARRY YOUR OWN SUPPLIES?

12 A.: YES, SIR.

13 Q.: CANNED GOODS?

14 A.: YES, SIR.

15 Q.: SHOVELS?

16 A.: A SHOVEL YES, SIR.

17 Q.: COMFORTABLE CHAIRS?

18 A.: YES, SIR.

19 Q.: DID YOU DRIVE THE ROAD THAT IS — YOU WERE

20 DESCRIBING I THINK ON DIRECT EXAMINATION THE POSSIBILITY OF, MY

21 WORD, “CLUNKING” YOUR MOTOR HOME AGAINST THE SIDE OF THE ROAD.

22 ARE YOU AT LEAST FOLLOWING ME?

23 A.: I FOLLOW YOU, YES, SIR.

24 Q.: WAS THAT ON BANNER GRADE?

25 A.: MY RECOLLECTION IS YES.

26 Q.: OKAY. AND WHERE IS BANNER GRADE ON THE MAP, SIR,

27 IF YOU KNOW?

28 A.: YES, SIR. JULIAN IS LABELED AND THIS ROAD MAKES A

8936

1 DOG LEG HERE AND COMES DOWN TOWARDS S2 AND IT’S GOT RED NUMERALS

2 18 —

3 Q.: YES, SIR.

4 A.: — JUST PAST HALFWAY BETWEEN JULIAN AND THE

5 INTERSECTION WITH 78 AND S2 IS BANNER GRADE.

6 Q.: AND YOU HEARD TESTIMONY THAT BANNER GRADE IS MORE

7 STEEP THAN THE OTHER WAY THAT LASPISA’S TESTIFIED TO, CORRECT?

8 A.: YES, SIR.

9 Q.: WITH REGARD TO THE AREA BETWEEN HIGHWAY — I DON’T

10 KNOW — OCOTILLO WELLS, SAY, AND THEN HIGHWAY 78 WHICH LEADS TO

11 86, ISN’T THAT A PRETTY WELL PAVED HIGHWAY?

12 A.: I WOULD CALL — YES, SIR.

13 Q.: GETS WINDY ON HIGHWAY 8, DOESN’T IT?

14 A.: IT CAN, YES, SIR.

15 Q.: AND YOU HEAR WIND ALERTS, DON’T YOU?

16 A.: I HAVE, YES, SIR.

17 Q.: CONTACT ANYBODY FROM THE HIGHWAY PATROL OR — WELL,

18 STRIKE THAT.

19 WHEN THERE’S WIND ALERTS AND YOU’RE IN THE MOTOR

20 HOME, IS THERE SOMETHING YOU’RE SUPPOSED TO DO OR NOT DO?

21 A.: WELL, IT DEPENDS. WHAT KIND OF WIND ALERT?

22 Q.: WELL, WE HEAR SOMETIMES ON THE RADIO THAT IT’S NOT

23 SAFE FOR VEHICLES WITH HIGH PROFILES TO GO OVER HIGHWAY 8 INTO

24 THE EL CENTRO AREA.

25 A.: YES, SIR.

26 Q.: IS A MOTOR HOME A VEHICLE THAT HAS A HIGH PROFILE?

27 A.: YES, SIR.

28 Q.: AND SO HAVE THERE BEEN OCCASIONS WHEN THE WINDS

8937

1 HAVE MADE IT UNSAFE, LET’S SAY, FOR MOTOR HOMES, OR AT LEAST IN

2 YOUR EXPERIENCE MOTOR HOMES, TO GO THAT AWAY?

3 A.: I’VE GONE OVER THAT WAY AT LEAST A HUNDRED TIMES

4 AND I’VE NEVER EXPERIENCED A WIND ALERT, SO PERSONAL KNOWLEDGE I

5 DON’T HAVE.

6 Q.: OKAY.

7 BUT YOU LISTEN TO THE NEWS, AND YOU’RE A LAW

8 ENFORCEMENT OFFICER, YOU’VE HAD TO DEAL WITH TRAFFIC ISSUES?

9 A.: I HAVE HEARD WIND ADVISORIES, I’VE JUST NEVER

10 PERSONALLY EXPERIENCED THEM.

11 Q.: YOU TOLD US THAT — I THINK YOU TOLD US, AND AGAIN

12 MY MEMORY, I’M SORRY, IT WAS APPROXIMATELY FIVE FEET, 62 INCHES

13 FROM THE FLOOR TO THE MIDPOINT ON THE DOOR, IS THAT ACCURATE, OF

14 THE MOTOR HOME NOW OF MR. WESTERFIELD’S?

15 A.: YES, SIR.

16 Q.: THAT’S A MEASUREMENT YOU ARRIVED AT AFTER — YOU

17 MEASURED IT AFTER THE JURY DID THEIR VIEW, IS THAT RIGHT?

18 A.: YES, SIR.

19 Q.: DID YOU MEASURE THAT DISTANCE FROM A SIDEWALK?

20 A.: NO, SIR.

21 Q.: WOULDN’T THE SIDEWALK SHORTEN THE DISTANCE BY THE

22 LENGTH OF THE SIDEWALK?

23 A.: YES, SIR.

24 Q.: AND THEN WITH REGARD TO THE MOTOR HOME, IF THE

25 DOORS OPEN AND THE STEPS ARE OUT, WOULDN’T THE TOP STEP SHORTEN

26 THE DISTANCE TO THE MIDPOINT ON THE DOOR?

27 A.: WELL, IT ACTUALLY DEPENDS ON THE SIDEWALK. USUALLY

28 WHEN YOU OPEN THE DOOR AND EXTEND THE STEP AND YOU’RE PARKED

8938

1 NEXT TO THE SIDEWALK, THE STEP HITS THE SIDEWALK, THE CURB. SO

2 WHAT I DO WITH MINE IS I DON’T EXTEND THE STEP WHEN I PARK NEXT

3 TO A SIDEWALK.

4 Q.: OKAY. YOU DON’T?

5 A.: BUT IF YOU’RE TALKING ABOUT HOW MUCH HIGHER THE

6 STEP IS?

7 Q.: YES.

8 A.: ANOTHER 12 INCHES.

9 Q.: OKAY.

10 THERE WERE TWO STEPS THAT WE HAD IN MR.

11 WESTERFIELD’S MOTOR HOME, IS THAT RIGHT?

12 A.: THE BOTTOM STEP.

13 Q.: I’M SORRY, SIR. WAS THERE JUST ONE OR WAS THERE

14 TWO STEPS?

15 A.: MY RECOLLECTION IS THERE IS ONLY ONE THAT COMES OUT

16 AUTOMATICALLY.

17 Q.: SO THAT WOULD DROP THE DISTANCE, THE 62 TO 50?

18 A.: YES, SIR.

19 Q.: BECAUSE THAT WOULD BE FOUR FEET TWO INCHES OR SO,

20 IS THAT RIGHT?

21 A.: YES, SIR.

22 Q.: AND THEN IF SOMEONE DIDN’T FOLLOW YOUR PRACTICE,

23 AND HYPOTHETICALLY LIVED SABER SPRINGS AND PARKED HIS MOTOR HOME

24 AGAINST THE CURB, AND PUT THE CHAIR — THE STEP OUT, HOW MUCH

25 WOULD YOU REDUCE THE HEIGHT THEN?

26 MR. CLARKE: OBJECTION, ASSUMES FACTS NOT IN EVIDENCE.

27 THE COURT: SUSTAINED.

28 ///

8939

1 BY MR. FELDMAN:

2 Q.: I’M GOING TO SWITCH BACK TO THE ANTS FOR A MINUTE.

3 DID YOU SEE ANY ANTS CARRYING MAGGOTS?

4 A.: NO, SIR.

5 Q.: DO YOU KNOW WHAT KIND OF ANTS THEY WERE?

6 A.: NO, SIR.

7 Q.: DID YOU COLLECT ANY?

8 A.: PERSONALLY NO.

9 Q.: DID YOU HAVE LEALCALA COLLECT ANY?

10 A.: I DON’T KNOW IF SHE DID OR NOT.

11 MR. FELDMAN: THANK YOU VERY MUCH.

12 NO FURTHER.

13 THE COURT: ANYTHING FURTHER?

14 MR. CLARKE: YES. THANK YOU, YOUR HONOR.

15

16 REDIRECT EXAMINATION +

17 BY MR. CLARKE:

18 Q.: SERGEANT HOLMES, IF I CAN SHOW YOU EXHIBIT 4,

19 PHOTOGRAPHS “E” THROUGH “F” I THINK IT IS, MR. FELDMAN ASKED YOU

20 ABOUT, AND I THINK IT WAS IN PHOTOGRAPH “F”, SOMETHING WHITE ON

21 THE EAR. DO YOU RECALL THAT?

22 A.: YES, SIR.

23 Q.: IS THAT A MAGGOT?

24 A.: DOESN’T LOOK LIKE IT.

25 Q.: THANK YOU.

26 NO FURTHER QUESTIONS. YOUR HONOR.

27 THE COURT: ALL RIGHT.

28 ANYTHING FURTHER?

8940

1 RECROSS-EXAMINATION +

2 BY MR. FELDMAN:

3 Q.: DO YOU KNOW WHETHER OR NOT IT’S A MAGGOT?

4 A.: I DON’T THINK IT IS.

5 Q.: BUT YOU DON’T KNOW, DO YOU?

6 MR. CLARKE: OBJECTION, ARGUMENTATIVE.

7 THE WITNESS: WELL, I KNOW IT’S NOT.

8

9 BY MR. FELDMAN:

10 Q.: OKAY. YOU CHANGED A LITTLE, HUH?

11 MR. DUSEK: EXCUSE ME. OBJECTION, ARGUMENTATIVE.

12 THE COURT: SUSTAINED.

13

14 BY MR. FELDMAN:

15 Q.: IN YOUR NOTES, SIR, JUST AS YOU SAID, YOU’RE A

16 SERGEANT, RIGHT?

17 A.: YES, SIR.

18 Q.: I UNDERSTAND THAT.

19 IT’S NOT YOUR JOB TO TAKE NOTES, IS THE GENERALLY?

20 A.: I DO TAKE NOTES. I NORMALLY DELEGATE REPORTS TO MY

21 DETECTIVES.

22 Q.: IN THE SPECIFIC INSTANCE OF THIS CASE YOU DID NOT

23 TAKE CONTEMPORANEOUS NOTES OF YOUR OBSERVATIONS AT THE BODY

24 SCENE, DID YOU?

25 A.: THAT’S CORRECT.

26 Q.: AND YOU’VE LEARNED, BASED ON YOUR TRAINING AND

27 EXPERIENCE, THAT ONE OF THE PURPOSES IN TAKING NOTES IS TO

28 ASSIST YOU IN REFRESHING YOUR MEMORY AS TO THE SPECIFICS OF WHAT

8941

1 YOU SAW AT THE TIME THE NOTES WERE RECORDED, CORRECT?

2 MR. CLARKE: OBJECTION, ARGUMENTATIVE, ALSO IRRELEVANT.

3 THE COURT: SUSTAINED.

4

5 BY MR. FELDMAN:

6 Q.: AND YOU’RE TRAINED AND IT’S THE CASE — IS IT THE

7 CASE IN YOUR MIND THAT YOUR MEMORY GETS WORSE WITH THE PASSAGE

8 OF TIME, SIR?

9 MR. CLARKE: SAME OBJECTION.

10 THE COURT: SUSTAINED.

11 MR. FELDMAN: NO FURTHER QUESTIONS.

12 THE COURT: THANK YOU, SERGEANT. YOU CAN RESUME YOUR

13 SEAT AT COUNSEL TABLE.

14 THE WITNESS: THANK YOU, YOUR HONOR.

15 THE COURT: MR. DUSEK.

16 MR. DUSEK: DOCTOR LEE GOFF.

17

18 -MADISON LEE GOFF, +

19 PLAINTIFF’S WITNESS, HAVING BEEN SWORN, TESTIFIED AS FOLLOWS:

20

21 THE COURT: PLEASE HAVE A SEAT, DOCTOR.

22 THE CLERK: SIR, WOULD YOU PLEASE SPELL YOUR NAME AND

23 SPELL IT FOR THE RECORD?

24 THE WITNESS: YES. MADISON LEE GOFF, LAST NAME IS

25 G-O-F-F.

26

27 ///

28 ///

8942

1 DIRECT EXAMINATION +

2 BY MR. DUSEK:

3 Q.: HOW ARE YOU EMPLOYED, DR. GOFF?

4 A.: I’M THE CHAIR OF THE FORENSIC SCIENCE DEPARTMENT AT

5 CHAMINADE UNIVERSITY OF HONOLULU.

6 Q.: WHAT DOES THE CHAIR MEAN?

7 A.: I’M IN CHARGE OF THE FORENSIC SCIENCES PROGRAM AT

8 CHAMINADE. I TEACH COURSES THERE AND I’M RESPONSIBLE FOR MAKING

9 SURE THE OTHER COURSES ARE SCHEDULED, FACULTY ARE DOING WHAT

10 THEY’RE SUPPOSED TO AND STUDENTS ARE DOING WHAT THEY’RE SUPPOSED

11 TO.

12 Q.: HOW LONG HAVE YOU BEEN THE CHAIRMAN THERE?

13 A.: I’VE BEEN AT CHAMINADE FOR ONE YEAR NOW.

14 Q.: COULD YOU GIVE US YOUR EDUCATIONAL BACKGROUND, SIR?

15 A.: YES. I RECEIVED A BACHELORS DEGREE IN ZOOLOGY IN

16 1966 FROM THE UNIVERSITY OF HAWAII AT MANOA. I RECEIVED A

17 MASTERS DEGREE IN BIOLOGY AT CALIFORNIA STATE UNIVERSITY LONG

18 BEACH. IT WAS IN 1973. AND A DOCTORATE IN ENTOMOLOGY FROM THE

19 UNIVERSITY OF HAWAII AT MANOA IN 1977.

20 Q.: COULD YOU BRIEFLY OUTLINE YOUR EMPLOYMENT HISTORY

21 IN THE FIELD?

22 A.: BASICALLY I BEGAN AS A TECHNICIAN AT THE BISHOP

23 MUSEUM WORKING IN THE ENTOMOLOGY DEPARTMENT AROUND 1965, THEN A

24 TEACHING ASSISTANT AND GRADUATE ASSISTANT IN ENTOMOLOGY AND

25 BIOLOGY DEPARTMENTS GOING THROUGH MY DEGREE. COMPLETION OF MY

26 DOCTORAL DEGREE I WAS AT THE BISHOP MUSEUM IN HONOLULU AS

27 PRINCIPAL INVESTIGATOR ON THE NATIONAL INSTITUTE OF HEALTH

28 GRANT. THIS IS STUDYING DISTRIBUTION OF TROMBICULIDAE MITES IN

8943

1 THE PAPUA, NEW GUINEA AREA IN RELATION TO TRANSMISSION OF

2 CHIGGER-BORNE RICKETTSIOSIS OR SCRUB-TYPHUS FEVER.

3 Q.: YOU JUST USED SOME TERMS THERE. DO YOU HAVE A

4 SPELLING LIST OF THINGS THAT YOU MIGHT BE GOING THROUGH?

5 A.: YES, I DO.

6 Q.: PERHAPS THE COURT REPORTER WOULD APPRECIATE THAT.

7 A.: I HAVE PROBLEMS WITH A FEW OF THEM MYSELF AT TIMES

8 Q.: WOULD YOU CONTINUE WITH YOUR EMPLOYMENT HISTORY,

9 DR. GOFF?

10 A.: FOLLOWING WORKING AT THE BISHOP MUSEUM I WAS ON THE

11 NATIONAL INSTITUTE OF HEALTH GRANT. AT THAT POINT A POSITION

12 BECAME OPEN AT UNIVERSITY OF HAWAII AT MANOA IN THE ENTOMOLOGY

13 DEPARTMENT. I APPLIED FOR THAT AND I WAS AT THE UNIVERSITY FOR

14 18 YEARS. AND I RETIRED FROM THE UNIVERSITY OF HAWAII WITH A

15 TOTAL OF 20 YEARS ACCUMULATED SERVICE LAST YEAR AND THEN MOVED

16 ON TO THE CURRENT POSITION AT CHAMINADE UNIVERSITY OF HONOLULU.

17 Q.: WHY DID YOU RETIRE IN THE FIELD AND THEN CONTINUE

18 AT ANOTHER UNIVERSITY?

19 A.: WELL, VERY BASICALLY, THE ENTOMOLOGY DEPARTMENT IN

20 THE UNIVERSITY WAS UNDERGOING A REORGANIZATION AND MY EMPHASIS

21 CHANGED QUITE A BIT AS I WAS EMPLOYED THERE.

22 I STARTED OFF WORKING IN MEDICAL/VETERINARY

23 ENTOMOLOGY AND ACAROLOGY. AND AS TIME WENT ON I FOUND OUT I WAS

24 SHIFTING MORE AND MORE INTO THE FORENSIC INTEREST. MEANWHILE,

25 THE TROPICAL AGRICULTURE WAS BECOMING SOMEWHAT MUCH MORE PLANT

26 ORIENTED, WHICH IS COMPLETELY LOGICAL, AND A POSITION SHOWED UP

27 AT CHAMINADE TO ACTUALLY TAKE OVER AND BEGIN DEVELOPING THIS

28 PROGRAM. SO IT SEEMED LIKE AN IDEAL OPPORTUNITY; THE UNIVERSITY

8944

1 OF HAWAII COULD GET SOMEONE IN WHO WAS A YOUNGER FACULTY MEMBER,

2 MUCH MORE INTERESTED IN THE EMPHASIS THEY WERE DOING, AND I

3 COULD MOVE TO CHAMINADE AND CONTINUE TO EXPAND THE INTERESTS

4 THAT I HAD DEVELOPED.

5 Q.: ENTOMOLOGY, WHAT IS IT?

6 A.: IT’S — STRICTLY SPEAKING, ENTOMOLOGY IS THE STUDY

7 OF INSECTS. THEY WERE LOOKING AT ARTHROPODS. THESE ARE ANIMALS

8 THAT HAVE AN EXTERNAL SKELETON. MOST OF THEM YOU SEE WILL HAVE

9 ONE OR TWO PAIRS OF WINGS, ALTHOUGH THERE ARE A NUMBER OF THEM

10 THAT DON’T HAVE WINGS, THREE MAJOR BODY REGIONS; THE HEAD,

11 THORAX, ABDOMEN.

12 IN REALITY, THOUGH, ENTOMOLOGY IS A LITTLE BIT

13 BROADER THAN THAT. WE FIND IN ENTOMOLOGY WE INCLUDE THINGS THAT

14 ARE NOT ACTUALLY INSECTS. WE HAVE CENTIPEDES, SCORPIONS,

15 MILLIPEDES, TICKS, MITES. THESE REALLY ARE NOT INSECTS BUT

16 THEY’RE VERY FREQUENTLY LUMPED INTO THE ENTOMOLOGY DEPARTMENT.

17 Q.: WHEN YOU TALK ABOUT THE FORENSIC AREA OF

18 ENTOMOLOGY, WHAT DO YOU MEAN BY THAT?

19 A.: WELL, FORENSIC ENTOMOLOGY HAS REALLY THREE AREAS

20 THAT WE CONSIDER.

21 FIRST IS WHAT WE CALL STORED PRODUCT FORENSIC

22 ENTOMOLOGY, SINCE IT COMES INTO PLAY WHEN BASICALLY YOU HAVE A

23 PRODUCT THAT IS STORED. CEREAL, FOR INSTANCE. AND YOU OPEN UP

24 THE BOX OF CEREAL AT 6:00 IN THE MORNING AND THE INSECTS CRAWL

25 OUT BECAUSE THEY’VE GOTTEN IN, THEY CONSUMED THE PRODUCT. AND

26 YOU TAKE IT BACK TO THE STORE, BASICALLY YOU WANT YOUR MONEY

27 BACK. BUT ENOUGH OF THIS HAPPENS IN THE STORE THEY WANT TO GO

28 BACK TO THEIR SUPPLIER AND RECOUP THEIR LOSSES. THE

8945

1 ENTOMOLOGIST IS CALLED IN TO DETERMINE REALLY WHAT WENT WRONG,

2 WHO SHOULD HAVE DONE WHAT.

3 THE OTHER AREA IS WHAT WE CALL STRUCTURAL FORENSIC

4 ENTOMOLOGY, AND HERE AND HAWAII IT’S A PERRENIAL FAVORITE. WE

5 HAVE A TREMENDOUS TERMITE PROBLEM, AND ON AN ANNUAL BASIS WE

6 HAVE SWARMS OF TERMITES GET IN, YOU KNOW, DAMAGE THE HOUSE, WARM

7 THEIR COLONIES. AGAIN, THE HOUSE SHOULD HAVE BEEN PROTECTED.

8 THE ENTOMOLOGIST COMES IN THERE TO DETERMINE WHAT WASN’T DONE

9 CORRECTLY AND BASICALLY WHO’S TO BLAME.

10 NOW, THE THIRD AREA, WHICH IS THE ONE I TEND TO

11 FUNCTION IN, IS WHAT WE CALL MEDICAL/LEGAL OR MEDICAL/CRIMINAL

12 FORENSIC ENTOMOLOGY. AND THIS IS WHERE WE’VE ACTUALLY HAD SOME

13 TYPE OF A CRIME COMMITTED AND SOMEHOW THE INSECTS HAVE BECOME

14 EVIDENCE. THEY BECOME SOMETHING THAT WILL ASSIST US IN ACTUALLY

15 DETERMINING WHAT HAPPENED.

16 Q.: ARE YOU INVOLVED IN ANY PROFESSIONAL ORGANIZATIONS

17 IN YOUR FIELD?

18 A.: YES, I AM.

19 Q.: SUCH AS?

20 A.: I’M A MEMBER OF THE ENTOMOLOGICAL SOCIETY OF

21 AMERICA AND MEMBER OF SECTION “D”, WHICH IS MEDICAL/VETERINARY

22 ENTOMOLOGY. I AM A FELLOW OF THE AMERICAN ACADEMY OF FORENSIC

23 SCIENCES. I’M AFFILIATE MEMBER OF THE NATIONAL ASSOCIATION OF

24 MEDICAL EXAMINERS, AND I AM A DIPLOMATE OF THE AMERICAN BOARD OF

25 FORENSIC ENTOMOLOGY.

26 Q.: YOU’RE A FELLOW OF WHAT?

27 A.: FELLOW OF THE AMERICAN ACADEMY OF FORENSIC

28 SCIENCES.

8946

1 Q.: WHAT DOES THE FELLOW STATUS DESIGNATE?

2 A.: WE HAVE THREE MAJOR LEVELS OF MEMBERSHIP WITHIN THE

3 ACADEMY. FIRST IS YOUR PROVISIONAL LEVEL. AFTER A PERIOD OF

4 TIME DEMONSTRATING INTEREST IN THE FIELD AND THAT YOU ARE

5 WORKING ACTIVELY IN THE FIELD YOU CAN BE PROMOTED TO MEMBER, AND

6 FROM MEMBER AFTER YOU HAVE AGAIN SHOWED YOUR CONTINUING

7 INTEREST, YOUR CONTINUING DEVELOPMENT WITHIN THE FIELD, THEN YOU

8 CAN BE ELEVATED TO THE LEVEL OF FELLOW.

9 Q.: HOW LONG HAVE YOU BEEN A FELLOW?

10 A.: I BELIEVE IT WAS ABOUT 1995 THAT I WAS ELEVATED TO

11 THAT.

12 Q.: AND I THINK YOU TOLD US YOU ENJOY DIPLOMATE STATUS

13 IN ANOTHER ASSOCIATION?

14 A.: YES. THIS IS THE AMERICAN BOARD OF FORENSIC

15 ENTOMOLOGY.

16 Q.: WHAT DOES DIPLOMATE MEAN?

17 A.: BASICALLY THIS MEANS THAT YOU HAVE DEMONSTRATED A

18 LEVEL OF EXPERTISE IN THE FIELD ENOUGH TO BE ACCORDED DIPLOMATE

19 STATUS.

20 Q.: BECAUSE YOU ARE WORKING AT A UNIVERSITY, I ASSUME

21 THAT YOU DO SOME TEACHING IN THE FIELD?

22 A.: YES, I DO.

23 Q.: HOW LONG HAVE YOU BEEN TEACHING THIS SUBJECT?

24 MR. FELDMAN: VAGUE AS TO WHICH SUBJECT.

25 THE COURT: BE SPECIFIC.

26

27 BY MR. DUSEK:

28 Q.: ENTOMOLOGY.

8947

1 A.: ENTOMOLOGY.

2 ACTUALLY BEGAN TEACHING PRIOR TO BEING EMPLOYED AT

3 THE UNIVERSITY OF HAWAII. 19 — I BELIEVE — 78 WOULD HAVE BEEN

4 ABOUT THE FIRST TIME I BEGAN TEACHING THERE AS AN INSTRUCTOR. I

5 TAUGHT COURSES IN GENERAL ENTOMOLOGY, TAUGHT A COURSE IN

6 FORENSIC ENTOMOLOGY, THE COURSE IN ACAROLOGY, MEDICAL/VETERINARY

7 ENTOMOLOGY, SYSTEMATIC ENTOMOLOGY, IMMATURE INSECTS. PART OF

8 A — IT’S A UNDERGRADUATE KIND OF GENERAL INTEREST COURSE CALLED

9 WORLD OF INSECTS.

10 AT CHAMINADE I’VE TAUGHT AGAIN THE FORENSIC

11 ENTOMOLOGY, TEACHING PART OF A COURSE IN TERRORISM. BASICALLY

12 THIS WAS ENTITLED “RESPONSE — OR “EFFECTIVE RESPONSE TO AND

13 EVIDENCE OF EXTRAORDINARY CRIMES,” WHICH BASICALLY WAS OUR WAY

14 OF SAYING TERRORISM.

15 I’VE TAUGHT PORTIONS OF THE COURSE IN DETECTION AND

16 RECOVERY OF HUMAN REMAINS. ACTUALLY, THIS WAS OUR FIRST COURSE

17 THIS YEAR, AND I WAS THE COORDINATOR OF THE COURSE IN ADDITION

18 TO TEACHING IT.

19 STARTING IN THE FALL I’LL BE TEACHING A NEW COURSE

20 ENTITLED “CRIME SCENE INVESTIGATION.”

21 Q.: DO YOU TEACH OUTSIDE OF THE UNIVERSITY TO AGENCIES,

22 LAW ENFORCEMENT OR ATTORNEYS, ANYTHING LIKE THAT?

23 A.: YES. I’VE GIVEN QUITE A NUMBER OF DIFFERENT TALKS

24 TO VARIOUS GROUPS. ON A ANNUAL BASIS I TEACH AT THE F. B. I.

25 ACADEMY. AGAIN, IT’S A COURSE TITLED “DETECTION AND RECOVERY OF

26 HUMAN REMAINS.” THIS YEAR WE CHANGED IT AFTER SEPTEMBER 11TH.

27 THE EMPHASIS WAS SHIFTED MORE TOWARDS A RESPONSE TO TERRORISM

28 AND RECOVERING EVIDENCE IN THESE TYPES OF EVENTS.

8948

1 Q.: DO YOU DO ANY RESEARCH IN THE FIELD?

2 A.: YES. I’VE CONDUCTED QUITE A BIT OF RESEARCH OVER

3 THE YEARS, NOT ONLY IN ACAROLOGY —

4 Q.: WHAT’S THAT?

5 A.: ACAROLOGY IS THE STUDY OF TICKS AND MITES.

6 — AND LATER SHIFTING INTO WORK IN FORENSIC

7 ENTOMOLOGY. I’VE CONDUCTED STUDIES ON DECOMPOSITION PATTERNS,

8 REARINGS AND LIFE CYCLES OF INSECTS AND FORENSIC SIGNIFICANCE,

9 AND I’VE WORKED A CERTAIN AMOUNT IN COLLABORATION WITH OTHERS IN

10 A SUBJECT CALLED ENTOMOTOXICOLOGY. THIS IS THE STUDY OF INSECTS

11 FOR TOXIC CHEMICAL ANALYSIS.

12 Q.: DO YOU DO ALSO WRITING IN THE FIELD?

13 A.: YES.

14 Q.: EXPLAIN THAT.

15 A.: BASICALLY YOU DO RESEARCH. YOU CAN DO ALL THE

16 RESEARCH YOU WANT TO. IF IT ISN’T PUBLISHED AND OTHER PEOPLE

17 SEE IT IT DOESN’T REALLY DO MUCH OF ANYBODY ANY GOOD. SO THE

18 END RESULT, ANY OF ANY RESEARCH PROJECT THAT’S CONDUCTED

19 PROPERLY REALLY SHOULD BE A PUBLICATION. AND I HAVE PUBLISHED A

20 NUMBER OF DIFFERENT JOURNALS. RIGHT NOW I BELIEVE I HAVE —

21 IT’S SOMEWHERE AROUND 204 PUBLISHED ARTICLES, SEVERAL BOOK

22 CHAPTERS. I HAVE A FEW MORE PAPERS THAT ARE IN PRESS AT THIS

23 POINT THAT HAVE NOT YET APPEARED, AND I RECENTLY WROTE A BOOK

24 CALLED A FLY FOR THE PROSECUTION, WHICH IS BASICALLY AN ACCOUNT

25 OF FORENSIC ENTOMOLOGY AND MY INVOLVEMENT IN THAT.

26 Q.: DO YOU CONSULT WITH LAW ENFORCEMENT AGENCIES OR

27 ANYBODY INVOLVED IN LAW ENFORCEMENT?

28 A.: YES, I DO.

8949

1 Q.: WHO?

2 A.: I’M CONSULTANT ACTUALLY FOR THE MEDICAL EXAMINER

3 FOR THE CITY AND COUNTY OF HONOLULU, WHICH IS ACTUALLY THE

4 ISLAND OF OAHU. I CONSULT WITH THE F. B. I. WHEN I’M REQUESTED

5 AND I CONSULT WITH OTHER GOVERNMENTAL AGENCIES, OTHER LAW

6 ENFORCEMENT AGENCIES AS THEY REQUEST.

7 Q.: I ASSUME YOU’VE TESTIFIED BEFORE AS A FORENSIC

8 ENTOMOLOGIST?

9 A.: YES, I HAVE.

10 Q.: ARE YOU ABLE TO ESTIMATE HOW MANY TIMES?

11 A.: PROBABLY AROUND 25.

12 Q.: ALWAYS FOR ONE SIDE OR BOTH SIDES?

13 A.: BOTH SIDES.

14 Q.: WHERE?

15 A.: I’D SAY I’VE TESTIFIED, OBVIOUSLY IN HAWAII,

16 CALIFORNIA, STATE OF VIRGINIA. I’VE TESTIFIED IN FLORIDA,

17 TENNESSEE, STATE OF WASHINGTON. THAT’S ALL I CAN REMEMBER

18 OFFHAND.

19 Q.: REGARDING FORENSIC ENTOMOLOGY, WHAT CAN IT HELP US

20 DO IN A CRIMINAL CASE?

21 A.: WELL, THERE’S SEVERAL THINGS THAT CAN HAPPEN

22 DEPENDING ON THE CASE. EVERY CASE IS DIFFERENT. AND SO

23 CIRCUMSTANCES OF THE CASE ARE GOING TO DICTATE WHAT THE FORENSIC

24 ENTOMOLOGIST CAN DO.

25 PROBABLY THE MAIN THING THAT WE DO IS ESTIMATE A

26 TIME SINCE DEATH. IN ACTUALITY WE’RE NOT ESTIMATING A TIME

27 SINCE DEATH. THE FORENSIC ENTOMOLOGIST ACTUALLY GUESSTIMATES A

28 PERIOD OF INSECT ACTIVITY ON THE BODY. THIS MAY OR MAY NOT BE

8950

1 VERY CLOSE TO THE ACTUAL POSTMORTEM INTERVAL OR TIME SINCE

2 DEATH. FREQUENTLY WE CAN TELL IF THE BODY HAS BEEN MOVED

3 FOLLOWING DEATH BY TAKING A LOOK AT DIFFERENT POPULATIONS OF

4 INSECTS THAT MAY BE PRESENT ON THE BODY AND IN THE VICINITY. WE

5 CAN PROVIDE SOME ASSISTANCE IN DETERMINING WHETHER OR NOT A

6 WOUND WAS INFLICTED BEFORE DEATH OR AFTER DEATH BASED ON THE

7 INSECTS’ RESPONSE. WE CAN WORK IN THE AREA OF ENTOMOTOXICOLOGY.

8 SOMETIMES WHEN THEY COME TO A BODY IT’S SO SKELETONIZED THAT

9 THERE AREN’T TISSUES LEFT THAT WON’T LET THEM TAKE SAMPLES FOR

10 TOXICO-ANALYSIS. WE TAKE INSECTS AND COME UP WITH AN INDICATION

11 OF WHETHER OR NOT THE INDIVIDUAL WAS UNDER THE INFLUENCE OF A

12 DRUG OR TOXIN.

13 MORE RECENTLY WE’VE HAD SOME CASES OF ABUSE AND

14 NEGLECT OF CHILDREN AND THE ELDERLY WHERE ACTUALLY MAGGOTS BEGIN

15 FEEDING ON LIVE INDIVIDUALS, COMMONLY REFERRED TO AS MYIASIS.

16 THE ENTOMOLOGIST COMES IN TO ASSIST IN DETERMINING HOW LONG THE

17 MAGGOT HAS BEEN THERE TO ASSIST IN DETERMINING THE PERIOD OF

18 NEGLECT OR ABUSE.

19 Q.: NOW, THAT LAST SITUATION YOU TRIED TO DETERMINE THE

20 LIFE SPAN OF THE MAGGOTS SO YOU THEN COULD DETERMINE

21 APPROXIMATELY HOW LONG THE ABUSE WAS GOING ON?

22 A.: YES, APPROXIMATELY.

23 Q.: AND REGARDING THE TOXICOLOGY ASPECT OF IT, YOU’D BE

24 LOOK AT THE INSECTS TO SEE IF THEY HAD ANY ALCOHOL OR DRUGS IN

25 THEM SO YOU COULD DETERMINE WHETHER OR NOT PERHAPS THE BODY HAD

26 ALCOHOL OR DRUGS IN IT?

27 A.: NOT ALCOHOL PER SE. WE ARE VERY GOOD IN TERMS OF

28 PICKING UP DRUGS. ALCOHOL IS A NORMAL BY-PRODUCT OF

8951

1 DECOMPOSITION, SO ANALYSIS OF THE INSECTS FOR ALCOHOL WOULD NOT

2 SHOW ANYTHING.

3 Q.: THE OTHER AREA YOU MENTIONED WAS WHETHER OR NOT THE

4 WOUND WAS PRE-DEATH OR AFTER DEATH, IS THAT —

5 A.: YES.

6 Q.: HOW DOES THAT PLAY IN?

7 A.: WELL, THE RESPONSE OF THE INSECT TO A WOUND THAT

8 OCCURS PRIOR TO DEATH WHEN THE HEART’S STILL PUMPING AND BLOOD

9 IS FLOWING, THIS IS QUITE DIFFERENT FROM THE RESPONSE TO A WOUND

10 THAT’S INFLICTED AFTER DEATH WHEN THERE IS NO BLOOD FLOWING.

11 VERY BASICALLY, BLOOD IS VERY ATTRACTIVE TO THE FLIES. THEY

12 WILL COME IN AND BEGIN INVESTIGATING, INITIATE THEIR ACTIVITIES.

13 Q.: I THINK THE OTHER AREA YOU TALK ABOUT WHERE IT

14 MIGHT BE HELPFUL IS TO DETERMINE WHETHER OR NOT THE BODY HAD

15 BEEN MOVED SINCE IT HAD DIED; IS THAT CORRECT?

16 A.: YES. THAT’S CORRECT.

17 Q.: HOW DOES THAT APPLY?

18 A.: WELL, YOU HAVE INSECTS PRETTY MUCH ALL OVER THE

19 PLACE, BUT MANY INSECTS ARE PARTICULAR TO A GIVEN HABITAT. AND

20 IF YOU FIND A BODY, LET’S SAY IN HAWAII I WAS TO COME ACROSS A

21 BODY IN A CANE FIELD, AND I HAD THREE SPECIES OF FLIES, TWO OF

22 THEM BLOW FLIES, CHRYSOMYA RUFIFACIES, AND I ALSO HAD A THIRD

23 SPECIES, LET’S SAY, SYNTHESIOMYIA NUDISETA, — I DON’T THINK

24 THAT’S ON THE LIST, SORRY ABOUT THAT — TWO OF THOSE SPECIES ARE

25 FLIES THAT ARE PRETTY WIDESPREAD. THEY DON’T MIND BEING

26 OUTDOORS. IN FACT, THEY’D LIKE TO BE IN THE CANE FIELD.

27 THE THIRD ONE I MENTIONED, THE SYNTHESIOMYIA

28 NUDISETA, IS ONE THAT IN HAWAII IS VERY RESTRICTED IN ITS

8952

1 DISTRIBUTION, IT LIKES TO BE IN AN URBAN SITUATION, AND IF I

2 FIND THAT ON A BODY THAT’S OUT IN THE CANE FIELD I KNOW THAT

3 THAT BODY PROBABLY DID NOT ORIGINATE IN THE CANE FIELD, PROBABLY

4 ORIGINATED IN AN URBAN TYPE OF SITUATION AND IT’S BEEN MOVED

5 FOLLOWING DEATH.

6 AND THE OTHER AREA THAT YOU TALKED ABOUT WAS THE

7 POSTMORTEM INTERVAL; IS THAT CORRECT?

8 A.: YES.

9 Q.: WHAT DOES THAT MEAN TO YOU?

10 A.: POSTMORTEM INTERVAL TO ME MEANS THE TIME BETWEEN

11 DEATH AND DISCOVERY OF THE BODY, OKAY, THE INSECTS AND WHAT WE

12 CALCULATE, REALLY NOT THE POSTMORTEM INTERVAL. THERE ARE TWO

13 THINGS TO KEEP IN MIND. WE CALCULATE PERIOD OF INSECT ACTIVITY

14 ON THE BODY, AND WE ALSO WILL ESTIMATE. WHAT WE DO IS NOT

15 SOMETHING SIMILAR TO HAVING A STOPWATCH. FORENSIC ENTOMOLOGIST

16 ESTIMATES WHAT HAPPENED.

17 Q.: AND WHAT YOU ARE ESTIMATING IS WHAT?

18 A.: WE’RE ESTIMATING A MINIMUM PERIOD OF TIME THAT THE

19 INSECTS WERE FEEDING ON THAT PARTICULAR BODY.

20 Q.: ARE YOU ESTIMATING HOW LONG THE BODY HAD BEEN DEAD?

21 A.: NO.

22 Q.: WHY NOT?

23 A.: THAT’S OUTSIDE OF OUR AREA OF EXPERTISE. WE ARE

24 LOOKING SIMPLY AT THE INSECT ACTIVITY.

25 Q.: HOW DO YOU USE THE INSECTS TO ESTIMATE THE TIME OF

26 THE INSECT ACTIVITY ON THE BODY?

27 A.: BASICALLY WHAT WE LOOK AT IN THE EARLY STAGES OF

28 DECOMPOSITION IS THE LIFE CYCLE OF AN INSECT; TYPICALLY A FLY

8953

1 THAT’S GOING TO COME IN. A FLY IS GOING TO BE ONE OF THE FIRST

2 THINGS TO SHOW UP AT A BODY. FEMALE FLY COMES DOWN, SHE’S GOING

3 TO EXPLORE FIRST NATURAL BODY OPENINGS; THOSE AROUND THE HEAD,

4 ANUS AND GENITALS, IF THEY’RE EXPOSED; AND THIRD, THEY’RE GOING

5 TO BE LOOKING AT THE WOUNDS WHICH MAY BE PRESENT.

6 Q.: WHY?

7 A.: WHAT THEY’RE DOING REALLY IS THEY’RE ASSESSING

8 WHETHER OR NOT THIS BODY IS GOING TO BE SOMETHING THAT IS

9 SUITABLE FOR THEM TO LAY EGGS, AND WILL THEN SUPPORT THEIR

10 IMMATURE FORMS. THEIR BASIC IDEA IS GETTING THE NEXT GENERATION

11 OF FLIES THROUGH.

12 Q.: WHAT IS SUITABLE FOR THESE FLIES?

13 A.: THE ONES THAT WE DEAL WITH IN FORENSIC ENTOMOLOGY

14 ARE THOSE THAT MAKE A LIVING, SURVIVAL, BASICALLY BY MOVING FROM

15 ONE DEAD ANIMAL TO ANOTHER. AND THIS CAN BE A RODENT ON UP TO A

16 HUMAN, AN ELEPHANT. THEY REQUIRE DEAD, DECOMPOSING ANIMAL

17 TISSUE FOR THEIR YOUNG TO FEED.

18 Q.: ANY TYPE OF TISSUE, MOISTURE, DRYNESS? THAT TYPE

19 OF THING IS WHAT I’M AFTER.

20 A.: VERY BASICALLY ONE OF THE REASONS THEY GO TO THE

21 NATURAL BODY OPENING FIRST IS THAT THEIR MOUTH PARTS, AT LEAST

22 FOR THE IMMATURES, THE ADULTS BASICALLY HAVE A SPONGING TYPE OF

23 MOUTH PART. THEY CAN’T LACERATE TISSUE. TYPICALLY THEY’RE

24 GOING TO COME DOWN. THEY HAVE TO FEED ON FLUIDS. THEY TAKE

25 THEIR FLUID MEAL TO DETERMINE IF THE BODY’S SUITABLE, LAY THEIR

26 EGGS. WHEN THE EGGS HATCH, MAGGOTS THAT ARE GOING TO COME OUT

27 OF THESE EGGS HAVE WHAT WE CALL MOUTH HOOKS. THESE ARE NOT

28 DESIGNED TO GO THROUGH HARD TISSUE.

8954

1 INSTEAD, THE TISSUES ASSOCIATED WITH YOUR MUCUS

2 MEMBRANES, THE TISSUES THAT MIGHT BE ASSOCIATED WITH A WOUND,

3 THESE ARE IDEAL FOR THE SURVIVAL AND FEEDING OF THESE IMMATURE

4 FORMS. SO THEY TEND TO GO INTO THE AREAS WHERE YOU HAVE MOIST

5 TISSUE THAT GO INTO THE MOUTH, NOSE, EYES, EARS, ANUS AND

6 GENITALS. THEY’RE LOOKING FOR MOIST AREAS, SOFT TISSUE THAT THE

7 MAGGOTS CAN DEVELOP IN.

8 Q.: WHAT IF THE BODY THAT THEY COME TO IS NOT

9 RECEPTIVE, NOT MOIST? WHAT DO THEY DO ONCE THEY LAND, IF THEY

10 DO LAND?

11 A.: I’M SORRY?

12 Q.: IF THEY DO LAND?

13 A.: TYPICALLY WHAT WOULD HAPPEN IN A CASE WHERE THE

14 BODY ISN’T SUITABLE, LET’S SAY IT’S TOO DRY, IT’S TOO HARD OR

15 SOMETHING IS WRONG WITH THE TISSUES, FREQUENTLY THE ADULT FLIES

16 WILL COME DOWN, THEY WILL EXPLORE IT A LITTLE BIT BUT THEY WON’T

17 LAY EGGS. THEY WILL TAKE OFF AND LOOK FOR SOMETHING THAT IS

18 SUITABLE.

19 Q.: IN A SITUATION WHERE IT IS SUITABLE OR EVENTUALLY

20 BECOMES SUITABLE, WHAT’S THE NEXT STAGE AFTER THEY LAY THE EGGS?

21 A.: OKAY. THE EGG IS GOING TO TYPICALLY HATCH, AND

22 FROM THAT WE WILL HAVE THE MAGGOT. WE HAVE ACTUALLY THREE WHAT

23 WE CALL INSTARS. MAGGOTS ARE BASICALLY DESIGNED TO EAT AND

24 INCREASE IN SIZE, AND THEY HAVE AN EXTERNAL SKELETON SINCE

25 THEY’RE AN ARTHROPOD, AND THIS EXTERNAL SKELETON LIMITS THEIR

26 SIZE SO THEY’RE GOING TO SIT AND THEY’RE GOING TO FEED AS

27 RAPIDLY AS POSSIBLE UNTIL THEY REACH A MAXIMUM SIZE.

28 AT THAT POINT, SAY IT’S THE FIRST INSTAR, THEN

8955

1 WE’LL HAVE THE MOLTING PROCESS. THE SKIN HAD BEEN SHED AND

2 THEY’LL GO INTO WHAT WE CALL THE SECOND INSTAR.

3 THE SECOND INSTAR WILL FEED UNTIL IT REACHES

4 MAXIMUM SIZE, THE CUTICLE CAN’T EXPAND ANYMORE. THEY’LL ONCE

5 AGAIN MOLD AND THEY’LL GO TO THE THIRD INSTAR.

6 NOW, THE THIRD INSTAR IS A LITTLE BIT DIFFERENT.

7 THE THIRD INSTAR AGAIN FEEDS RAPIDLY AND IT WANTS TO INCREASE IN

8 SIZE, BUT IT REACHES A MAXIMUM SIZE AND THEN, INSTEAD OF MOLTING

9 THE THIRD INSTAR THEN BEGINS TO LEAVE, STOPS FEEDING AND GOES

10 AWAY FROM THE BODY. IT’S GETTING READY TO ENTER THE NEXT STAGE

11 OF DEVELOPMENT WHICH IS WHAT WE CALL THE PUPARIUM.

12 NOW, THE PUPARIUM IS AN INACTIVE STAGE. IT’S PAST

13 WITHIN THE LARVAL SKIN OF THE LAST INSTAR BUT IT’S IMMOBILE,

14 IT’S HELPLESS. AND YOU HAVE A LARGE NUMBER OF PREDATORS WILL

15 COME IN WANTING TO FEED ON THESE. SO TO ENHANCE THEIR SURVIVAL

16 THE THIRD INSTAR LEAVES THE BODY AND — PARDON ME — THE PLANE

17 FLIGHT HAS LEFT ME A LITTLE DRY. THE THIRD INSTAR MIGRATES AWAY

18 FROM THE BODY BECAUSE IT WANTS TO GET AWAY FROM THESE PREDATORS,

19 AWAY FROM THE PARASITES THAT WILL SIT THERE AND PREY ON IT WHILE

20 IT’S IN THE HELPLESS SITUATION.

21 Q.: WHAT PREDATORS?

22 A.: THEY WERE LOOKING AT A VARIETY OF DIFFERENT THINGS

23 THAT CAN COME IN. THERE ARE A NUMBER OF BEETLES WHICH COME IN

24 AND ARE ATTRACTED. THESE STAPHYLINIDAE, SO-CALLED ROVE BEETLES,

25 THESE COME IN, AND BOTH AS ADULTS AND IMMATURES THEY PREY ON THE

26 MAGGOTS, ON THE FLY EGGS. WE FIND HISTERIDAE BEETLES. WE FIND

27 SOME OF THE CERIDAE BEETLES. ALL OF THESE ARE COMING IN,

28 PREYING ON THE MAGGOTS, PREYING ON THE FLY EGGS.

8956

1 WE ALSO HAVE ANTS. ANTS ARE VERY VORACIOUS

2 PREDATORS, OKAY. THEY WILL COME IN AND THEY CAN SIGNIFICANTLY

3 RETARDED THE RATE OF DECOMPOSITION BY VERY EFFECTIVELY REMOVING

4 VIRTUALLY ALL OF THE EGGS.

5 Q.: HOW DO THEY DO THAT? HOW DO THEY DO THAT?

6 A.: BASICALLY WHAT HAPPENS, AND ACTUALLY A GOOD

7 EXAMPLE, I WAS TEACHING A COURSE IN DETECTION, RECOVERY OF HUMAN

8 REMAINS AND — LET’S SEE, THAT WOULD BE ON THE 14TH OF THIS

9 MONTH — WE PUT OUT A PIG. THE PIG WAS NEXT TO AN ANT COLONY,

10 WHICH I WASN’T AWARE OF AT THE TIME I PUT THE PIG OUT. BUT

11 THESE ANTS WERE SO VORACIOUS COMING ONTO THE PIG, LOOKING FOR

12 THE EGGS, LOOKING FOR THE MAGGOTS, FEEDING ACTUALLY A LITTLE ON

13 THE PIG. THEY PICK UP THE MAGGOTS, PICK UP THE EGGS AND CARRY

14 THEM BACK TO THE COLONY. THEY WERE SO EFFECTIVE THAT THEY

15 ACTUALLY MANAGED TO COMPLETELY ELIMINATE THE BLOW FLIES OR

16 CALLIPHORIDAES, SOME OF OUR FIRST INVADERS, FOR A PERIOD OF

17 ABOUT SIX TO SEVEN DAYS. BY THAT TIME THE BIG CARCASS HAD DRIED

18 OUT.

19 Q.: THEN WHEN THE CARCASS HAD DRIED OUT HOW DID THAT

20 AFFECT THE BLOW FLIES THAT YOU WERE LOOKING FOR?

21 A.: WELL, AT THAT POINT THE BLOW FLIES HAD NO PLACE TO

22 COLONIZE BECAUSE THEY REQUIRE SOFT MOIST TYPE OF A HABITAT. SO

23 BASICALLY BLOW FLIES WERE EXCLUDED FROM THIS PARTICULAR

24 DECOMPOSITION STUDY, WHICH WAS EXCELLENT FOR THE CLASS.

25 Q.: ARE THERE OTHER PREDATORS BESIDES THE BEETLES AND

26 THE ANTS THAT YOU’VE DESCRIBED?

27 A.: YOU CAN ALSO HAVE LARGE VERTEBRATE PREDATORS THAT

28 WILL COME IN AND VERY FREQUENTLY THEY WILL COME IN —

8957

1 MR. FELDMAN: FOUNDATION, YOUR HONOR, OBJECTION.

2 THE COURT: DULY NOTED. OVERRULED.

3 YOU CAN ANSWER, DOCTOR.

4 THE WITNESS: OKAY. THE VERTEBRATES WILL COME IN, LET’S

5 SAY FERAL DOGS, CATS. OVER HERE YOU THINK IN TERMS OF PROBABLY

6 COYOTES, POSSIBLY RACCOONS, THINGS OF THIS NATURE. THEY’LL COME

7 IN AND FEED ON FLESH, AND AS THEY DO THIS THEY REMOVE THE FLESH.

8 SOMETIMES THEY WILL REMOVE SOME OF THE MAGGOTS IN ADDITION TO

9 THE FLESH, BUT THEY ALSO DEPLETE THE RESOURCE.

10

11 BY MR. DUSEK:

12 Q.: WHY IS THAT IMPORTANT?

13 A.: WELL, AS YOU REMOVE THE TISSUE, THEN YOU’RE

14 PROBABLY GOING TO INCREASE THE RATE AT WHICH THE BODY IS GOING

15 TO DRY, AND THIS THEN IS GOING TO LIMIT THE ACCESS TO THE BODY

16 OR UTILIZATION OF THE BODY BY THE BLOW FLIES.

17 Q.: IF ANY OF THESE PREDATORS ARE EATING THE MAGGOTS ON

18 THE BODY, IS THERE ANY WAY TO ACCURATELY TELL HOW MUCH THEY’RE

19 EATING?

20 A.: NOT TO MY KNOWLEDGE.

21 Q.: WOULD THAT FACTOR BE A FACT IN DETERMINING HOW LONG

22 THE BODY WAS EXPOSED TO INSECT ACTIVITY? WOULD THAT AFFECT IT?

23 A.: THE REMOVAL BY THE — YEAH, REMOVAL BY A CARNIVORE

24 OR SCAVENGER WOULD AFFECT THE RATE OF DECOMPOSITION AND ALSO

25 WOULD LEAVE US WITH SOME QUESTIONS AS TO WHETHER OR NOT WE WERE

26 ACTUALLY WORKING WITH THE ENTIRE COMPLEMENT OF INSECTS THAT

27 INITIALLY COLONIZED THE BODY.

28 Q.: DID WE ASK YOU TO MAKE SOME CALCULATIONS BASED UPON

8958

1 THE INFORMATION WE HAVE IN THIS CASE?

2 A.: YES, YOU DID.

3 Q.: DID WE PROVIDE YOU WITH SOME DATA AND SOME WEATHER

4 REPORTS?

5 A.: YES, YOU DID.

6 Q.: DID YOU ACTUALLY GET THE BUGS?

7 A.: NO, I DID NOT.

8 Q.: WHAT DID YOU GET?

9 A.: WHAT DID I GET?

10 Q.: REGARDING THE BUGS THAT WERE FOUND HERE?

11 A.: I GOT THE IDENTIFICATIONS WHICH WERE MADE BY DAVID

12 FAULKNER AND DR. NEAL HASKELL. BOTH AGREED, AND I HAD NO REASON

13 TO DOUBT THESE TWO INDIVIDUALS WOULD BE ABLE TO MAKE ADEQUATE

14 IDENTIFICATIONS OF THEM. BOTH ARE WELL VERSED IN THE

15 IDENTIFICATION OF THESE PARTICULAR FACTS.

16 Q.: WHAT ELSE WERE YOU PROVIDED?

17 A.: I RECEIVED MORGUE SCENE REPORT, CRIME SCENE REPORT,

18 I BELIEVE A CALENDAR SHOWING PERIODS OF TIME WHEN THERE WERE

19 SOME WINDS BLOWING. IT’S A PRETTY GOOD LIST.

20 Q.: DID YOU RECEIVE SOME WEATHER DATA?

21 A.: YES, I DID.

22 Q.: DO YOU RECALL WHERE THEY WERE FROM OR WHAT

23 LOCATIONS?

24 A.: AS I RECALL, THERE WERE A TOTAL OF SEVEN DIFFERENT

25 LOCATIONS FROM WHICH I DID SELF WEATHER DATA. I’M AFRAID

26 WITHOUT LOOKING AT MY NOTES I COULDN’T TELL YOU THE EXACT NAMES

27 OF THEM.

28 Q.: WAS BROWN FIELD ONE OF THEM?

8959

1 A.: BROWN FIELD WAS ONE.

2 Q.: SINGING HILLS COUNTRY CLUB?

3 A.: SINGING HILLS.

4 Q.: MONTGOMERY FIELD?

5 A.: YES.

6 Q.: EL CAJON?

7 A.: EL CAJON.

8 Q.: MONTGOMERY FIELD, DID I MENTION THAT?

9 SANTEE?

10 A.: SANTEE.

11 Q.: WERE THEY ALL OF THE SAME THOROUGHNESS?

12 A.: NO, THEY WERE NOT.

13 Q.: DID THAT HAVE ANY IMPACT ON WHAT YOU WERE DOING?

14 A.: YES, IT DID. MANY OF THEM HAD ONLY DAILY

15 MAXIMUM/MINIMUM TEMPERATURES. SOME OF THEM HAD ONLY

16 TEMPERATURES — I BELIEVE SANTEE WAS ONE THAT RAN ONLY TO A

17 CERTAIN PART OF THE EVENING AND THEN ALL TEMPERATURE DATA CEASED

18 UNTIL THE NEXT MORNING.

19 SO THEY WERE IN VARYING STAGES OF COMPLETENESS.

20 PROBABLY SINGING HILLS AND BROWN FIELD WERE THE TWO MOST

21 COMPLETE WEATHER SETS THAT I HAD.

22 Q.: WERE YOU ALSO GIVEN TRANSCRIPTS OF DAVID FAULKNER

23 AND NEAL HASKELL?

24 A.: YES, I WAS.

25 Q.: DID YOU GET AN OPPORTUNITY TO SPEAK ON THE

26 TELEPHONE WITH DR. BRIAN BLACKBOURNE AND HIS OBSERVATIONS AT THE

27 SCENE REGARDING INSECTS?

28 A.: YES, I DID.

8960

1 Q.: DID YOU RECEIVE ANY OTHER MATERIAL THAT WENT INTO

2 THIS CALCULATION?

3 A.: I RECEIVED REPORTS OF DAVID FAULKNER AND DR.

4 HASKELL.

5 Q.: THEIR REPORTS AND ROUGH NOTES?

6 A.: YES.

7 Q.: ANYTHING ELSE?

8 A.: I DON’T REMEMBER. I’D HAVE TO CONTACT — OR REVIEW

9 MY NOTES TO BE CERTAIN.

10 Q.: DO YOU HAVE YOUR NOTES WITH YOU?

11 A.: YES, I DO.

12 Q.: COULD YOU PULL THEM OUT TO SEE IF THERE WAS

13 ANYTHING ELSE THAT IS IMPORTANT?

14 MR. FELDMAN: YOUR HONOR, I JUST WANT TO BE ABLE TO SEE

15 WHAT HE’S GOT.

16 THE COURT: OKAY.

17 THE WITNESS: HERE’S A COPY OF MY REPORT AND DAVID

18 FAULKNER’S REPORT AND HASKELL’S NOTES, THE WEATHER, THE AUTOPSY

19 REPORT.

20 MR. FELDMAN: I DON’T KNOW WHETHER WHAT THE GENTLEMAN IS

21 SAYING IS BEING RECORDED OR NOT. IT’S BEING SHOWN TO ME.

22 THE COURT: THAT’S ALL RIGHT. I’M SURE SHE’S TAKING IT

23 DOWN IF SHE CAN HEAR IT.

24 THE WITNESS: DO I NEED TO READ THAT THROUGH AGAIN?

25 THE REPORTER: NO.

26 THE WITNESS: ALL SET? OKAY.

27

28 ///

8961

1 BY MR. FELDMAN:

2 Q.: DO YOU SEE ANYTHING ELSE, DR. GOFF, THAT

3 CONTRIBUTED TO YOUR ANALYSIS?

4 A.: I DID SAY PHOTOGRAPHS, 54 PHOTOGRAPHS TAKEN AT THE

5 CRIME SCENE AND 37 PHOTOGRAPHS TAKEN AT AUTOPSY.

6 Q.: BASED UPON THE INFORMATION THAT YOU WERE PROVIDED

7 DID YOU PROVIDE US OR MAKE CALCULATIONS FOR TWO WEATHER SYSTEMS?

8 A.: YES, I DID.

9 Q.: WHICH ONES?

10 A.: I USED THE SINGING HILLS WEATHER DATA AND ALSO THE

11 WEATHER FROM BROWN FIELD.

12 Q.: DID YOU COME WITH — COME TO DIFFERENT CONCLUSIONS

13 REGARDING EACH LOCATION?

14 A.: YES, I DID.

15 Q.: AND REGARDING THOSE TWO LOCATIONS, DID YOU ALSO

16 PROVIDE TWO VARIABLES AT EACH LOCATION?

17 A.: YES, I DID.

18 Q.: CAN YOU BRIEFLY IN SIMPLE TERMS DESCRIBE HOW YOU GO

19 ABOUT MAKING THE CALCULATIONS FOR US?

20 A.: OKAY. CALCULATIONS HERE ARE BASED ON COMPARISONS

21 OF LABORATORY STUDIES WHICH HAVE BEEN CONDUCTED ON THE LIFE

22 CYCLES OF THESE PARTICULAR SPECIES OF INSECTS THAT WERE

23 RECOVERED.

24 IN THIS PARTICULAR CASE, ONE SPECIES IN PARTICULAR,

25 PHORMIA REGINA, WHICH IS THE ONE THAT WOULD SHOW THE GREATEST

26 PERIOD OF RESIDENCE ON THE BODY, BASICALLY BECAUSE THESE ARE THE

27 MOST MATURE SPECIMENS THAT WERE PRESENT, TOOK CONTROL — OUR

28 DATA FROM CONTROLLED STUDIES AND USING MECHANISM WHICH IS CALLED

8962

1 ACCUMULATED DEGREE HOURS, WHICH YOU PROBABLY ENCOUNTERED BEFORE

2 IN THIS TRIAL, AND WORKING AT A BASE TEN, I THEN WORKED

3 BACKWARDS AND DETERMINED FROM THE LABORATORY STUDIES TO THE

4 WEATHER CONDITIONS AT SINGING HILLS AND ALSO BROWN RIVER —

5 PARDON ME — BROWN STATION, BASICALLY HOW LONG IT WAS GOING TO

6 TAKE UNDER AMBIENT CONDITIONS FOR THESE INSECTS TO REACH THAT

7 PARTICULAR STAGE OF DEVELOPMENT.

8 Q.: WHAT DO YOU MEAN BY AMBIENT CONDITIONS?

9 A.: THIS IS JUST YOUR NORMAL AIR TEMPERATURE. THIS IS

10 THE EXTERNAL TEMPERATURES SURROUNDING THE BODY. IN STUDIES IT’S

11 BEEN SHOWN THAT THE AMBIENT TEMPERATURE EXERTS AN INFLUENCE ON

12 THE RATE OF DEVELOPMENT OF THE MAGGOTS.

13 Q.: DO YOU HAVE TO TAKE INTO ACCOUNT, I ASSUME, THE

14 DAYTIME TEMPERATURES, THE AMBIENT TEMPERATURES AT THESE VARIOUS

15 LOCATIONS?

16 A.: YES.

17 Q.: DO YOU TAKE INTO ACCOUNT THE COLD TEMPERATURES, HOW

18 COLD IT GETS AT NIGHT?

19 A.: YES. WE TAKE — AND THIS WAS ONE THING THAT MADE

20 BOTH OF THESE SITES VERY USABLE IN THAT YOU HAD VERY COMPLETE

21 DATA FOR BOTH SITES ON A 24-HOUR BASIS.

22 Q.: WOULD IT IMPACT YOUR CALCULATIONS — OR DID IT

23 IMPACT YOUR CALCULATIONS THAT AT ONE POINT IN TIME THE BODY WAS

24 MOVED TO THE MORGUE OR STORED IN COLD TEMPERATURES?

25 A.: YES. BASICALLY, AT THE TIME THE BODY WAS PUT IN

26 THE REFRIGERATED CRYPT WE’RE LOOKING AT A BODY THAT WAS 58

27 POUNDS IN LIFE, AND BY THE TIME IT WENT INTO THE REFRIGERATED

28 CRYPT WEIGHED 36 POUNDS. IN THAT TYPE OF SITUATION, BASED ON MY

8963

1 PREVIOUS EXPERIENCE, IN A MATTER OF A COUPLE HOURS TEMPERATURES

2 WOULD DROP BELOW THE TEN DEGREES CELSIUS LEVEL THAT’S REQUIRED

3 FOR CONTINUED MAGGOT ACTIVITY. THE FIGURES I GOT INDICATED THAT

4 THE CRYPT WAS SOMEWHERE BETWEEN 4 AND 4.4 DEGREES CELSIUS.

5 Q.: HOW MUCH IS THAT IN FAHRENHEIT?

6 A.: ROUGHLY 40.

7 Q.: AND ARE THERE TWO DEGREE CALCULATIONS THAT YOU CAN

8 USE WHEN YOU’RE MAKING YOUR CALCULATIONS? LOOKS LIKE IT’S 16.1

9 DEGREE AND A 23 DEGREE CELSIUS?

10 A.: YES. FOR THE CALCULATIONS THAT I MADE, I USED DATA

11 THAT WERE OBTAINED BY DR. GAIL ANDERSON, THAT’S UP AT SIMON

12 FRASER UNIVERSITY IN BRITISH COLUMBIA. SHE PUBLISHED IN THE

13 JOURNAL OF FORENSIC SCIENCES IN 2000 A PAPER WHICH DETAILED AT

14 DIFFERENT AMBIENT TEMPERATURES THE DEVELOPMENTAL RATES FOR

15 PHORMIA REGINA AND ALSO PHAENICIA SERICATA. THESE TEMPERATURES

16 ARE IN THESE DATA APPEAR TO BE VERY SOUND, AND I USED THESE AS A

17 BASIS FOR MY CALCULATION. ONE SET WAS DONE AT 16.1 DEGREES

18 CELSIUS. THE OTHER SET WAS DONE AT 23 DEGREES CELSIUS.

19 Q.: 16.1 EQUATES TO HOW MUCH FAHRENHEIT?

20 A.: YOU’RE BASICALLY LOOKING RIGHT AROUND 61.

21 Q.: AND THE 23 DEGREES CELSIUS?

22 A.: YOU’RE APPROXIMATELY 70, A LITTLE LOWER I THINK.

23 Q.: THE CALCULATIONS THAT DR. ANDERSON — IS THAT WHO

24 YOU’RE SAYING IT WAS?

25 A.: YES.

26 Q.: WAS THAT A SYSTEM OR NUMBERS THAT ARE RECOGNIZED IN

27 YOUR FIELD?

28 A.: YES, IT IS.

8964

1 Q.: ARE THERE OTHERS?

2 A.: YES, THERE ARE. THERE ARE SEVERAL OTHERS. ONE OF

3 THE STANDBYS FOR YEARS HAS BEEN WORK DONE BY KAMAL. NOW THE

4 WORK BY KAMAL WAS DONE IN 1958 AND IT WAS DONE AT APPROXIMATELY

5 80 DEGREES FAHRENHEIT.

6 WHEN YOU’RE ATTEMPTING TO WORK BACK AND CALCULATE A

7 PERIOD OF INSECT ACTIVITY ON A BODY, THAT’S TO GET AS CLOSE IN

8 YOUR DATA AS YOU CAN TO THE ACTUAL AMBIENT TEMPERATURES, AT 80

9 DEGREES, THERE ARE CHANGES AS YOU GO THROUGH. THIS OVERALL

10 INFLUENCE ON THE DEVELOPMENT VARIES. TYPICALLY THE WARMER IT

11 GETS, THE SHORTER THE PERIOD OF TIME. IT’S NOT A STRAIGHT LINE

12 TYPE OF RELATIONSHIP.

13 Q.: BASED UPON YOUR CALCULATIONS WITH THE DATA FROM

14 SINGING HILLS, DID YOU MAKE CALCULATIONS AS TO HOW LONG THE

15 INSECTS HAD BEEN ON THE BODY FROM SINGING HILLS?

16 A.: YES. LET ME GO BACK HERE IN MY REPORT, ACTUALLY

17 GOING TO THE SECOND PAGE OF MY REPORT.

18 Q.: WOULD YOU DESCRIBE THE PROCESS THAT YOU WENT

19 THROUGH FOR SINGING HILLS?

20 A.: OKAY. SINGING HILLS, I ACTUALLY TOOK THE

21 TEMPERATURE DATA WHICH WAS PROVIDED TO ME, AND IN THIS CASE THE

22 TEMPERATURES WERE DAILY MAXIMUM/MINIMUM TEMPERATURES. BUT IN A

23 AREA WHERE IT WAS VERY CLOSE TO THE ACTUAL SITE HERE,

24 APPROXIMATELY A MILE AND A HALF AWAY, FROM THAT I CALCULATED THE

25 MEDIAN TEMPERATURES FOR EACH DAY AND THEN CONVERTED THOSE INTO

26 DEGREES CELSIUS AND THEN CONVERTED THESE INTO A DEGREE VALUE FOR

27 A BASE TEN, AND THEN TOOK THE NUMBER OF ACCUMULATED HOURS FOR

28 EACH DAY STARTING WITH THE TIME AT WHICH THE BODY WENT INTO THE

8965

1 CRYPT BASICALLY AT MIDNIGHT ON THE 27TH. VALUES I BELIEVE ON

2 THE 28TH ACQUIRED IN THE CRYPT WOULD BE NEGLIGIBLE BECAUSE VERY

3 SHORTLY AFTER THIS BODY WOULD HAVE BEEN PLACED IN THE CRYPT,

4 GIVEN THE SIZE OF THE BODY, GIVEN THE EVIDENCE OF SOME

5 POSTMORTEM ANIMAL DEPREDATION IN THERE, BASICALLY INSECT

6 ACTIVITY WOULD HAVE CEASED FAIRLY QUICKLY.

7 SO MY START POINT WAS MIDNIGHT ON THE 27TH, AND I

8 WORKED BACKWARDS THEN ADDING EACH DAY UNTIL I REACH A POINT

9 WHERE VERY BASICALLY I HAVE ACQUIRED THE NUMBER OF ACCUMULATED

10 DEGREE HOURS TO A BASE TEN THAT WOULD CORRESPOND TO THE MOST

11 MATURE SPECIMENS THAT WERE PRESENT BASED ON DATA FROM ANDERSON.

12 Q.: LET ME PUT A BLANK PIECE OF PAPER ON THE BOARD FOR

13 YOU TO INDICATE YOUR CONCLUSIONS.

14 THE COURT: THAT WILL BE MARKED 192 FOR IDENTIFICATION.

15 (MARKED FOR ID: = TRIAL EX. 192 – CHART/GOFF)

16 MR. DUSEK: I’VE PLACED THAT IN THE LOWER RIGHT HAND

17 CORNER, YOUR HONOR.

18 THE COURT: ALL RIGHT.

19

20 BY MR. DUSEK:

21 Q.: DR. GOFF, IF YOU COULD STEP TO THE BOARD AND USE

22 THIS BLACK FELT PEN, DID YOU REACH CONCLUSIONS BASED UPON THE

23 TWO TEMPERATURES THAT YOU WERE MAKING THE CALCULATIONS WITH?

24 A.: YES, I DID.

25 Q.: WHAT WERE THEY?

26 A.: AT 16.1 I FOUND THAT YOU WOULD REQUIRE TO REACH THE

27 THIRD INSTAR TOTAL — I’M A UNIVERSITY PROFESSOR. YOU GIVE ME A

28 BLACKBOARD, I GET A LITTLE CARRIED AWAY. SORRY, I APOLOGIZE.

8966

1 FIRST, WHAT WE PROBABLY SHOULD DO IS ACTUALLY TELL

2 YOU THE DEVELOPMENTAL TIMES THAT ARE GOING TO BE REQUIRED FOR

3 PHORMIA REGINA AT EACH OF THE TEMPERATURE REGIMEN.

4 Q.: WOULD YOU DO THAT THEN?

5 MR. FELDMAN: I’M SORRY, WHAT’S THE QUESTION PENDING?

6 IT’S VAGUE AS “WOULD YOU DO THAT”, PLEASE?

7 THE COURT: HE’S GIVING EXACTLY WHAT HE SAID, WHICH IS

8 THE TIME ESTIMATE AND THE RANGES.

9 YOU MAY GO AHEAD, DOCTOR, TO EXPLAIN IT.

10 THE WITNESS: THANK YOU.

11 TO REACH THE THIRD INSTAR OR PHORMIA REGINA AT 16.1

12 DEGREES CELSIUS, WOULD BE 88 BASE TEN WE WOULD REQUIRE A TOTAL

13 OF 1,490.3 ACCUMULATED DEGREE HOURS TO REACH THE THIRD INSTAR.

14 AT 23 DEGREES CELSIUS AGAIN TO REACH THE THIRD INSTAR WE ARE

15 GOING TO REQUIRE A TOTAL OF 1,637.1. SO THIS GIVES US THE THIRD

16 INSTAR.

17

18 BY MR. DUSEK:

19 Q.: THIRD INSTAR REFERS TO THE THIRD STAGE OF

20 DEVELOPMENT?

21 A.: YES.

22 BASICALLY WHAT HAS HAPPENED HERE IS YOU’VE GONE

23 THROUGH THE FIRST INSTAR, YOU’VE GONE THROUGH THE SECOND INSTAR.

24 YOU’VE JUST MOLTED NOW INTO THE THIRD INSTAR.

25 NOW, THE THIRD INSTAR, BASICALLY YOU’D HAVE TWO

26 ACTIVITIES. ONE IS THE FEEDING STAGE AND ONE IS THE POST

27 FEEDING STAGE. SO THIS MAGGOT IS FEEDING AS QUICKLY AS IT CAN,

28 INCREASING IN SIZE. WHEN IT REACHES MAXIMUM SIZE THEN IT’S

8967

1 GOING TO ENTER THE POST FEEDING STAGE.

2 NOW, FOR THE POST FEEDING STAGE JUST ALSO KNOWN AS

3 THE LAUNDERING STAGE, IN ORDER TO REACH THE POST FEEDING STAGE

4 AT 16.1 DEGREES CELSIUS IT’S GOING TO REQUIRE 2,272.4, AND AT 23

5 IT’S GOING TO REQUIRE 2,492.1.

6 Q.: DO THOSE REFER TO HOURS OR WHAT?

7 A.: NO. THESE ARE THERMAL UNITS, OKAY. WHAT WE’RE

8 DOING IS WE’RE CONVERTING THE NUMBER OF HOURS TO THERMAL UNITS,

9 WHICH ALLOWS US TO EXTRAPOLATE FROM LABORATORY DATA OUT TO FIELD

10 DATA. IT’S A METHOD THAT WAS — FIRST ARISED ACTUALLY FOR

11 AGRICULTURE. WE WANTED TO ESTIMATE FOR PESTIFEROUS. WE FOUND

12 OUT IT WORKS VERY NICELY FOR FORENSIC PURPOSES.

13 Q.: THE NUMBER THAT YOU HAVE UNDER THE POST FEEDING

14 CATEGORY, ARE THOSE NUMBERS IN ADDITION TO THE NUMBERS ABOVE OR

15 IT’S INCLUDED?

16 A.: CONTINUING, CONTINUING, GOING THROUGH, SO IT TAKES

17 1,590 TO REACH THE SECOND INSTAR. YOU KEEP ON GOING AND IT

18 REQUIRES 2,242 TO REACH THE POST FEEDING STAGE.

19 Q.: PERHAPS YOU MISSPOKE. IS THAT FIRST NUMBER UP

20 THERE FOR THE THIRD INSTAR?

21 A.: TO REACH THE THIRD INSTAR.

22 Q.: ALL RIGHT. THEN WHAT’S THE NEXT PART OF THE

23 CALCULATION?

24 A.: IN THE NEXT PART OF THE CALCULATION WE HAVE THIS.

25 WHAT WE WANT TO DO IS THEN WORK BACKWARDS FROM THE TIME THE BODY

26 WAS FOUND, USING AMBIENT TEMPERATURES, AND BEGAN TO ACQUIRE

27 ACCUMULATED DEGREE HOURS. AND WHAT WE’RE LOOKING TO DO TO FIND

28 THE THIRD INSTAR IS WHEN THIS VALUE IS REACHED BASED ON THE

8968

1 WEATHER DATA, AND FOR SINGING HILLS, BOTH OF THESE WILL OCCUR ON

2 THE 12TH OF FEBRUARY. THEY HAVE REACHED THE THIRD INSTAR.

3 NOW, AT SINGING HILLS, AGAIN USING MEDIUM DAILY

4 TEMPERATURES, THESE VALUES ARE NOT ATTAINED PRIOR TO 2 FEBRUARY.

5 Q.: THE VALUES YOU JUST REFERRED TO ARE THE POST

6 FEEDING NUMBERS?

7 A.: POST FEEDING NUMBERS ARE NOT REACHED AT THE SINGING

8 HILLS SITE PRIOR TO 2 FEBRUARY 2002.

9 Q.: WHAT DOES THAT MEAN IN RELATION TO HOW LONG THE

10 BODY WAS AVAILABLE?

11 A.: OKAY.

12 BASED ON THE DATA FROM SINGING HILLS, THIS WOULD

13 MEAN THAT THE BODY WAS AVAILABLE ANYWHERE FROM THE — NO PRIOR

14 TO THE 2ND OF FEBRUARY. MINIMUM TIME WOULD BE ON THE 12TH OF

15 FEBRUARY. HOWEVER, THAT MINIMUM TIME ONLY PUTS YOU TO THE

16 BEGINNING OF THE THIRD INSTAR. THE PHORMIA REGINA SPECIMENS

17 THAT ARE THERE MEASURED 17.8 MILLIMETERS IN TOTAL LENGTH, OKAY.

18 BASED ON DATA BY BERNARD GREENBERG IN HIS 1991 PAPER, THIS PUTS

19 HIM VERY CLOSE TO THE MAXIMUM DEVELOPMENT PRIOR TO ENTERING THE

20 POST FEEDING STAGE, WHICH MEANS THAT VARIED DOWN TOWARDS THE 1ST

21 OF FEBRUARY.

22 Q.: SO THAT’S THE RANGE THAT YOU WERE ABLE TO GIVE US

23 BASED UPON THE DATA AT SINGING HILLS?

24 A.: BASED ON SINGING HILLS.

25 Q.: COULD YOU INCLUDE THAT OTHER END OF THE TIME

26 PERIOD? YOU’VE GOT FEBRUARY 12TH ON THE BOARD. COULD YOU

27 INCLUDE THAT OTHER END OF THAT FRAME, IF YOU WOULD?

28 Q.: OKAY. BASICALLY THERE IS NO END IN THIS INSTANCE.

8969

1 Q.: WHY NOT?

2 A.: BECAUSE THIS GIVES US THE MINIMUM PERIOD OF TIME

3 FOR THEM TO REACH THE THIRD INSTAR.

4 Q.: AND THE ONES YOU SAW HAD PROGRESSED BEYOND THE

5 BEGINNING OF THE THIRD INSTAR?

6 A.: YES.

7 MR. FELDMAN: OBJECTION, ASSUMES FACTS NOT IN EVIDENCE.

8 HE DIDN’T SEE.

9 THE COURT: OVERRULED.

10

11 BY MR. DUSEK:

12 Q.: THE ONES THAT WERE DESCRIBED TO YOU?

13 A.: THE SPECIMENS WERE DESCRIBED TO ME, THE

14 MEASUREMENTS WHICH WERE PROVIDED BY DR. HASKELL INDICATED THAT

15 THESE WERE SPECIMENS NEAR THE END OF THE THIRD PORTION OF THE

16 THIRD INSTAR.

17 Q.: HOW DOES THAT RELATE TO YOUR FEBRUARY 12TH DATE?

18 A.: OKAY. FEBRUARY 12TH JUST GIVES US THE BEGINNING OF

19 THE THIRD INSTAR.

20 Q.: HOW PRECISE IS THIS NUMBER.

21 A.: THIS IS AN ESTIMATE. NOW, IN THIS PARTICULAR

22 INSTANCE, THESE DATA HAVE LIMITATIONS.

23 Q.: WHY?

24 A.: BECAUSE WE HAVE ONLY DAILY MAXIMUM/MINIMUMS. WE

25 DON’T KNOW ACTUALLY WHAT WENT ON DURING THE DAY. SO IN THIS

26 PARTICULAR INSTANCE, YOU’RE TAKING THE MIDPOINT, BETWEEN THAT

27 MIDPOINT THE TWO VALUES MAY NOT REFLECT WHAT’S REALLY HAPPENED

28 IN TERMS OF DAILY TEMPERATURES.

8970

1 Q.: SO WE UNDERSTAND WHAT THE DATES MEAN, WHAT DO THE

2 DATES REFER TO THAT YOU’VE GIVEN US HERE? FEBRUARY 12TH?

3 A.: FEBRUARY 12TH REFERS TO THE PERIOD OF TIME WHERE AT

4 BOTH 16.1 AND 23 DEGREES CELSIUS THE MAGGOTS WOULD HAVE REACHED

5 THE BEGINNING OF THE THIRD INSTAR.

6 Q.: DOES THAT TELL US WHEN THE BODY ARRIVED AT THE

7 RECOVERY SITE, DEHESA ROAD?

8 A.: NO, IT DOESN’T.

9 Q.: WHY NOT?

10 A.: BECAUSE WE’RE MERELY ESTIMATING A PERIOD OF INSECT

11 ACTIVITY. THERE’S NOTHING TO INDICATE THAT BODY WAS THERE

12 FOR — WHEN IT GOT THERE PREVIOUSLY. WE HAVE NO WAY OF KNOWING

13 FROM THE ENTOMOLOGICAL STANDPOINT.

14 Q.: IS THAT BECAUSE THE ENTOMOLOGIST CAN’T SAY THAT OR

15 BECAUSE YOU’RE NOT GOOD ENOUGH TO SAY THAT?

16 A.: WE LOOK AT INSECTS. THE ENTOMOLOGY CANNOT SAY

17 THAT. AS WE LOOK AT INSECTS WE LOOK AT WHAT INSECTS HAVE MOST

18 PROBABLY DONE.

19 Q.: DID YOU MAKE THE SAME CALCULATIONS WITH THE NUMBERS

20 AT BROWN FIELD?

21 A.: YES, I DID.

22 Q.: LET’S SWITCH PAPERS.

23 THE COURT: THAT WILL BE 193.

24 (MARKED FOR ID: = TRIAL EX. 193 – CHART/GOFF)

25 MR. DUSEK: 193, YOUR HONOR?

26 THE COURT: YES.

27

28 ///

8971

1 BY MR. DUSEK:

2 Q.: I’VE LABELED BROWN FIELD AT THE TOP OF 193, DR.

3 GOFF. CAN YOU TAKE US THROUGH — WELL, THE DATA THAT YOU HAD

4 FOR BROWN FIELD, HOW DID THAT COMPARE WITH WHAT YOU HAD FROM

5 SINGING HILLS?

6 A.: BASICALLY THE BROWN FIELD DATA WERE MUCH BETTER.

7 BROWN FIELD, WITH THE EXCEPTION OF THE 27TH, I HAD HOURLY DATA

8 FOR THE ENTIRE MONTH, OKAY. OR THE 27TH I USED AN AVERAGE VALUE

9 TO GIVE US AN APPROXIMATION AS TO WHAT HAD HAPPENED ON THAT

10 PARTICULAR DAY.

11 NOW, BASICALLY, BROWN FIELD, SOME DISTANCE FURTHER

12 AWAY FROM THE SITE, BUT APPARENTLY A VERY SIMILAR TYPE OF AREA,

13 SIMILAR ALTITUDE WHICH HAS AN EFFECT ON WHAT HAPPENS. AGAIN,

14 CALCULATING BASED ON THE SAME SET OF DATA, USING THE 16.1

15 DEGREES CELSIUS AND THE 23 DEGREES CELSIUS, AT BROWN FIELD AT

16 16.1 WE REACHED THE THIRD INSTAR ON THE 14TH, OKAY. AND ALSO WE

17 REACHED IT ON THE 14TH.

18 Q.: FOR BOTH TEMPERATURES?

19 A.: FOR BOTH TEMPERATURES. IT CAME UP TO SOME

20 DIFFERENCE IN TERMS OF WHEN ON THAT PARTICULAR DAY YOU MIGHT

21 THINK THEY OCCURRED BUT, I SAY, WE’RE WORKING ON AN ESTIMATE.

22 WE’RE NOT HITTING A STOPWATCH HERE, OKAY.

23 BUT BASICALLY THEN TO REACH THE POST FEEDINGS, 16.1

24 DEGREES CELSIUS POST FEEDING WAS ACTUALLY ON THE 9TH OF

25 FEBRUARY. AT 23 DEGREES CELSIUS VALUES REACHED THE 4TH OF

26 FEBRUARY. NOW, SO THESE VALUES ARE VERY CLOSE TO THE MAXIMUM

27 SIZE OF THE MAGGOT WHICH IS WHAT WE SAW IN THE REPORTS. IT’S

28 17.8 MILLIMETERS TOTAL LENGTH.

8972

1 Q.: SO THE DATES THAT YOU HAVE THERE FOR THE POST

2 FEEDING CALCULATIONS MOST ACCURATELY REFLECT THE SIZE AND

3 DEVELOPMENT OF THE MAGGOTS THAT WERE CONVEYED IN THE REPORTS

4 THAT YOU RECEIVED?

5 A.: THAT’S CORRECT.

6 Q.: AGAIN, HOW PRECISE ARE THOSE NUMBERS?

7 A.: OKAY. IN THE DATA WHICH GAIL ANDERSON PRESENTED IN

8 HER PAPER YOU BASICALLY WERE LOOKING PLUS OR MINUS A DAY.

9 NOW, AS I SAID, THE OVERALL INFLUENCE OF THE

10 AMBIENT TEMPERATURE DIFFERS. YOU MAY HAVE SLIGHTLY DIFFERENT

11 VALUES AS YOU MOVE THROUGH THE DIFFERENT TEMPERATURES. AND FOR

12 THIS PARTICULAR INSTANCE, THE OVERALL TEMPERATURES INVOLVED WERE

13 MUCH CLOSER TO THE 16.1 AREA OR RANGE THAN THE OTHERS. SO IT

14 WOULD SEEM THAT THE 9TH OF FEBRUARY IS GOING TO BE THE DATE

15 WHICH WOULD MOST CLOSELY APPROXIMATE THE ONSET OF INSECT

16 ACTIVITY. BUT AGAIN, I WOULD SAY PLUS OR MINUS A DAY EITHER

17 WAY.

18 Q.: THAT’S USING THE TEMPERATURE DATA FROM BROWN FIELD?

19 A.: THAT’S CORRECT.

20 Q.: WHY THE 16 DEGREES CELSIUS AS OPPOSED TO THE 20

21 DEGREES?

22 A.: AGAIN, THE 16 DEGREE CELSIUS ARE THE CONDITIONS

23 WHICH MOST APPROXIMATE THE CONDITIONS AT THE FIELD. THEY WERE

24 LOOKING AT THOSE TEMPERATURES DURING THE TIME IN QUESTION.

25 THERE WERE SOME OTHER WEATHER PATTERNS GOING ON, BUT THE OTHER

26 TEMPERATURES ARE THE ONES THAT ARE MORE CONSISTENT WITH THE 16.1

27 DEGREES.

28 Q.: WHAT’S THE FIRST THING THAT STARTS THE CLOCK

8973

1 COUNTING, DR. GOFF?

2 A.: FIRST THING THAT STARTS THE CLOCK COUNTING IS THE

3 FEMALE FLY LAYING AN EGG ON THE BODY. THIS STARTS A BIOLOGICAL

4 CLOCK.

5 Q.: ARE THERE THINGS THAT DELAY THE DEVELOPMENT OF THAT

6 EGG?

7 A.: YOU CAN HAVE SEVERAL THINGS THAT WILL HAPPEN.

8 TEMPERATURE IS, OF COURSE, A MAJOR FACTOR, OKAY. RAINFALL,

9 WEATHER CONDITIONS, HOT, VERY DRY, COLD. PRIMARILY CLIMATIC

10 FACTORS ARE GOING TO BE THE THINGS THAT ARE GOING TO EITHER

11 ACCELERATE OR SLOW DOWN THE HATCHING OF THE EGG.

12 Q.: I THINK YOU CAN SIT DOWN NOW, IF YOU’D CHOOSE.

13 I’M SORRY. IF WE COULD GO BACK TO THE SINGING

14 HILLS DATE. YOU GAVE US A FEBRUARY 2ND DATE ON THE SINGING

15 HILLS CALCULATIONS; IS THAT CORRECT?

16 A.: PRIOR TO.

17 Q.: PRIOR TO?

18 A.: PRIOR TO.

19 Q.: COULD YOU INCLUDE THAT ON EXHIBIT 192 SO WE DON’T

20 LOSE TRACK OF THAT?

21 A.: OKAY.

22 Q.: AND LABEL IT AS BEST YOU CAN??

23 A.: I’LL SAY “POST FEEDING PRIOR TO.”

24 Q.: AND YOU’VE INCLUDED THAT ON EXHIBIT 192. THAT

25 RELATES TO WHAT, DR. GOFF?

26 A.: THIS RELATES TO THE FACT THAT THE REQUIRED

27 ACCUMULATED DEGREE HOURS TO A BASE TEN TO REACH THE POST FEEDING

28 STAGE HAD NOT BEEN ACQUIRED AT THE SINGING HILLS WEATHER SITE

8974

1 THAT HAD NOT BE ACQUIRED PRIOR TO THE 2ND OF FEBRUARY.

2 Q.: ALL RIGHT.

3 Q.: DOES FROST HAVE AN IMPACT ON THE DEVELOPMENT OF THE

4 EGGS AND THE MAGGOTS THAT YOU’VE DESCRIBED?

5 A.: THE FROST, PER SE, IS MORE AN INDICATOR OF LOW

6 TEMPERATURES, WHICH WOULD BE BELOW THE THRESHOLD FOR DEVELOPMENT

7 OF THE INSECTS.

8 Q.: HOW WOULD THAT IMPACT THE TIME LINE THAT YOU’RE

9 TALKING ABOUT HERE?

10 A.: I WOULD TEND TO INCREASE THE TIME LINE.

11 Q.: WHICH MEANS WHAT?

12 A.: THAT WOULD TAKE LONGER FOR THE INSECTS TO DEVELOP.

13 Q.: WHY?

14 A.: BECAUSE YOU’LL BE GROWING AT LOWER TEMPERATURES.

15 THE RATE OF DEVELOPMENT OF THE INSECTS TO A CERTAIN POINT WHICH

16 IS WHEN THEY WOULD REACH A THERMAL DEATH IS SOMEWHAT DIRECTLY

17 RELATED TO THE ACTUAL TEMPERATURE. THE HIGHER THE TEMPERATURE

18 THE MORE RAPID THE DEVELOPMENT. THE LOWER THE TEMPERATURE THE

19 INSECT DEVELOPS — OR AT TEMPERATURES BELOW TEN DEGREES CELSIUS

20 IT MIGHT STOP GROWING COMPLETELY UNTIL THE TEMPERATURES COME UP

21 THAT THRESHOLD AGAIN.

22 Q.: YOU’VE TOLD US THAT THE STARTING POINT IS WHEN EGGS

23 ARE LAID ON A RECEPTIVE BODY; IS THAT CORRECT?

24 A.: THAT’S CORRECT.

25 Q.: ARE YOU ABLE TO TELL US HOW LONG THAT BODY HAD BEEN

26 PRESENT BEFORE THE EGGS WERE LAID?

27 A.: NO.

28 Q.: WHY NOT?

8975

1 A.: BASICALLY I CAN ONLY ANALYZE THE INSECTS. WHAT

2 WOULD HAVE HAPPENED PRIOR TO THAT WOULD BE SPECULATION.

3 Q.: HAVE YOU RECEIVED OR HAVE YOU REVIEWED DAVID

4 FAULKNER’S TESTIMONY AND THE NUMBERS THAT HE GAVE US, THE DATES

5 THAT HE GAVE US?

6 A.: YES, I HAD.

7 Q.: WERE YOU ABLE TO COMPARE HIS NUMBERS WITH YOURS?

8 A.: HIS NUMBERS INDICATE ACTUALLY A SHORTER PERIOD OF

9 INSECT ACTIVITY THAN MINE.

10 Q.: HOW DO YOU EXPLAIN THAT?

11 A.: WELL, IN SOME WAYS IT’S RATHER DIFFICULT BECAUSE IN

12 HIS REPORT DAVID FAULKNER DID NOT PROVIDE A LOT OF DETAIL IN

13 TERMS OF DATA SETS HE WAS USING OR THE MANNER IN WHICH HE MADE

14 HIS CALCULATIONS. IT WOULD APPEAR HE MAY HAVE BEEN USING DATA

15 FROM KAMAL.

16 Q.: THAT’S SOMEONE DIFFERENT THAN YOU?

17 A.: YES.

18 Q.: WHY DID YOU USE YOURS INSTEAD OF KAMAL’S?

19 A.: WELL, TWO REASONS. KAMAL’S DATA WERE GENERATED —

20 ACTUALLY WERE PUBLISHED IN 1958, WHICH MEANS THAT ALL THIS WAS

21 DONE OVER 40 YEARS AGO, IN A SET OF CONDITIONS WHICH I HAVE BEEN

22 INFORMED ARE NOT AS CONTROLLED AS WE MIGHT HAVE NOW.

23 OUR TECHNOLOGY, IN TERMS OF TEMPERATURE CONTROL

24 CALCULATIONS IS MUCH BETTER NOW THAN IT WAS THEN. SO THERE WERE

25 SOME VARIABLES THERE. THE OTHER THING IS THAT, AS I POINTED

26 OUT, THE AMBIENT TEMPERATURE HAS AN OVERALL EFFECT ON THE RATE

27 AT WHICH INSECTS DEVELOP. THIS IS NOT A COMPLETELY STRAIGHT

28 LINE TYPE OF AN EFFECT. YOU HAVE JUMPS AND LAGS AS YOU GO

8976

1 THROUGH DIFFERENT TEMPERATURES.

2 HIS DATA WERE COLLECTED AT APPROXIMATELY 80 DEGREES

3 FAHRENHEIT, OKAY. THIS IS CONSIDERABLY HOTTER THAN WHAT WE HAVE

4 IN THE CURRENT SITUATION. THE DATA COLLECTED BY ANDERSON WERE

5 IN 2000, UNDER MUCH BETTER CONTROLLED CONDITIONS AND ARE

6 TEMPERATURES MUCH CLOSER TO WHAT WE’RE DEALING WITH THAN THE

7 TEMPERATURES FOR KAMAL.

8 Q.: WHEN WE TALK ABOUT THE TEMPERATURES ARE WE TALKING

9 ABOUT THE HIGHS AND LOWS OF THE DAY OR THE AVERAGE?

10 A.: NO. WE’RE REALLY TALKING IDEALLY AT HOURLY

11 TEMPERATURES. THIS IS WHAT WE STRIVE FOR.

12 Q.: DID YOU GET A CHANCE ALSO TO REVIEW NEAL HASKELL’S

13 DATA, CONCLUSIONS, TESTIMONY AND REPORT?

14 A.: YES, I DID.

15 Q.: NOW, HIS NUMBERS DIFFER FROM YOURS ALSO, DON’T

16 THEY?

17 A.: THAT’S CORRECT.

18 Q.: CAN YOU EXPLAIN HOW THAT HAPPENS?

19 A.: WE HAVE A DIFFERENCE OF OPINION WITH REGARD TO

20 INCLUDING OR NOT INCLUDING WHAT WE MIGHT THINK OF AS MAGGOT MASS

21 TEMPERATURES.

22 Q.: WHAT DOES THAT MEAN?

23 A.: AS THE MAGGOTS FEED — ACTUALLY LET ME STOP BEFORE

24 THEY START FEEDING. LET’S GO BACK A SECOND, BECAUSE WHAT

25 HAPPENS IS WHEN A BLOW FLY COMES IN AND LAYS EGGS, A BLOW FLY

26 DOESN’T LAY ONE EGG. DEPENDING ON THE SPECIES, IT CAN BE 200 TO

27 400 PER A POSITION. SO YOU HAVE A LARGE NUMBER OF EGGS THAT ARE

28 LAID THERE. THEY’RE LAID AT THE SAME TIME AND THEY’RE GOING TO

8977

1 ALL CATCH AT ABOUT THE SAME TIME. SO BASICALLY YOU HAVE A LARGE

2 CONCENTRATION OF MAGGOTS IN ONE AREA.

3 MAGGOTS FEED MUCH MORE EFFICIENTLY AS A GROUP THAN

4 THEY DO SINGLY. SO THESE MAGGOTS FORM WHAT WE CALL THIS MAGGOT

5 MASS. AND THIS MASS TENDS TO DEVELOP TOGETHER, GO THROUGH THEIR

6 LIFE CYCLE TOGETHER, AND AS THEY FEED THEY GENERATE TEMPERATURE,

7 HEAT, AS A RESULT OF METABOLIC ACTIVITIES, AND THIS PROBABLY

8 PEAKS JUST AT THE — JUST PRIOR TO OBTAINING MAXIMUM SIZE OF THE

9 THIRD INSTAR.

10 BUT IN REALITY THESE INSECTS ARE GENERATING HEAT AS

11 LONG AS IT MAY BE ONLY 50 DEGREES. I’VE RECORDED 25 DEGREES

12 CELSIUS TEMPERATURE. I THINK THE HIGHEST TEMPERATURE I’VE

13 RECORDED IS 54 DEGREES CELSIUS. THAT’S ABOUT A HUNDRED DEGREES

14 FAHRENHEIT. THE QUESTION THAT COMES UP IS WHAT DO WE DO ABOUT

15 THIS MAGGOT MASS TEMPERATURE.

16 TO A CERTAIN EXTENT I BELIEVE IT’S ALREADY

17 ACCOUNTED FOR, AT LEAST PARTIALLY BY THE FACT THAT WHEN WE DO

18 OUR REARING STUDIES WE DO THEM IN COLONIES. SO VERY BASICALLY

19 WHAT WE’RE DOING IS WE’RE CREATING AN ARTIFICIAL MAGGOT MASS,

20 BUT THEN WE’RE SEEING WHAT HAPPENS WITH THIS RARE DEVELOPMENT

21 COMPARED TO AMBIENT TEMPERATURE. RIGHT NOW I DON’T BELIEVE WE

22 HAVE GOOD DATA TO TELL US TEMPERATURE-WISE WITHIN THAT MAGGOT

23 MASS.

24 Q.: WHAT DO YOU MEAN YOU DON’T HAVE GOOD DATA?

25 A.: NO ONE HAS SAT DOWN AND REALLY SAT DOWN TO

26 SYSTEMATICALLY RECORD AND ANALYZE THE CHANGES IN TEMPERATURE

27 THAT OCCUR IN A MAGGOT MASS FROM THE TIME THESE EGGS WERE LAID

28 IN A MAGGOT’S HATCH UNTIL YOU HAVE THIS POST FEEDING STAGE WHERE

8978

1 YOU HAVE A DISBURSAL AWAY FROM THE FOOD SOURCE.

2 THERE’S ONE STUDENT RIGHT NOW AT UNIVERSITY OF

3 CALIFORNIA DAVIS WHO IS LOOKING AT THIS AS A PROJECT FOR HER

4 PHD, AND I CERTAINLY HOPE SHE DOES IT. BUT RIGHT NOW WE DON’T

5 HAVE ADEQUATE DATA.

6 Q.: HOW DO YOU TAKE THE INCREASED HEAT OF THAT MAGGOT

7 MASS INTO YOUR CALCULATIONS?

8 A.: WELL, BASICALLY WE WORK ON THE ASSUMPTION THAT

9 BECAUSE WE ARE REARING THESE IN A COLONY WE ALREADY HAVE A

10 MAGGOT MASS WHICH IS GOING TO BE FORMED. SO, EVEN THOUGH

11 RECORDING A TEMPERATURE EXTERNALLY WHICH MAY BE 16 DEGREES

12 CELSIUS, WE REALIZE THAT IN THAT COLONY THE MAGGOT MASS

13 TEMPERATURE IS ACTUALLY HIGHER. BUT THE OVERALL INFLUENCE OF

14 THE AMBIENT INFLUENCE OF THE AMBIENT TEMPERATURE IS WHAT WE LOOK

15 AT, KEEPING IN MIND THAT WE MAKE AN ESTIMATE, WE DON’T HAVE A

16 STOPWATCH.

17 Q.: DO YOU KNOW HOW NEAL HASKELL MADE HIS COMPUTATION

18 REGARDING TEMPERATURES OF THE MAGGOT MASS?

19 A.: YES. DR. HASKELL HAS PICKED A PERIOD OF 24 HOURS

20 AND HE HAS THEN SAID THAT FOR THIS 24 HOUR PERIOD THESE MAGGOTS

21 ARE GOING TO DEVELOP AT 32 DEGREES CELSIUS.

22 Q.: HOW DOES HE KNOW THAT?

23 A.: WELL —

24 MR. FELDMAN: SPECULATION, UNLESS HE’S TALKED TO HIM.

25 THE COURT: OVERRULED.

26 YOU MAY ANSWER, DOCTOR.

27 THE WITNESS: IN ALL HONESTY, I’M NOT SURE HOW HE HAS

28 ARRIVED AT THIS PARTICULAR FIGURE.

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1 BY MR. DUSEK:

2 Q.: IS THERE ANY DATA TO SUPPORT THAT ASSUMPTION ON HIS

3 PART?

4 A.: I HAVE NOT LOCATED ANY DATA WHICH WILL GO AND

5 ACTUALLY SUPPORT THIS. HE DOES HAVE ONE COUPLE LINES IN A BOOK

6 CHAPTER WHICH CAME OUT IN 2001. A CHAPTER WHICH HE CO-AUTHORED.

7 AND IN THAT HE STATES THAT USING 32 DEGREES APPEARS TO BE A

8 REASONABLE ALTERNATIVE TO ACCOUNT FOR MAGGOT MASS TEMPERATURE.

9 BUT THE PROBLEM WITH THIS IS WE HAVE AMBIENT

10 TEMPERATURE AND WE HAVE MAGGOT MASS TEMPERATURE MIXED INTO THE

11 SAME CALCULATION. IF YOU ARE GOING TO CALCULATE BASED ON

12 AMBIENT TEMPERATURE, YOU REALLY NEED TO STAY WITH AMBIENT

13 TEMPERATURE. IF YOU’RE GOING TO CALCULATE BASED ON MAGGOT MASS

14 TEMPERATURE, YOU NEED DETAILED DATA ON MAGGOT MASS. AND THAT

15 MIXING THEM IS NOT NECESSARILY A VALID TYPE OF AN APPROACH.

16 THE OTHER PROBLEM THAT I HAVE WITH WHAT DR. HASKELL

17 DID IS HIS CONTINUING THE MAGGOT MASS ONCE THE BODY IS INSIDE

18 THE REFRIGERATED CRYPT. AND THEN WHEN HE SAYS THIS EFFECT HAS

19 STOPPED, HE THEN DROPS THE TEMPERATURE TO I BELIEVE 65 DEGREES

20 FAHRENHEIT. SO WE HAVE A 36-POUND BODY IN A CRYPT AT BASICALLY

21 40 DEGREES CELSIUS — PARDON ME — 40 DEGREES FAHRENHEIT, AND

22 THEN IT’S BEING MAINTAINED AT 65 DEGREES FAHRENHEIT FOR

23 DEVELOPMENT.

24 I WAS GOING TO SAY I DON’T KNOW OF DATA TO SUPPORT

25 THIS, BUT IN MY OWN CALCULATIONS I TEND TO STAY WITH AMBIENT

26 TEMPERATURE AND NOT TRY TO MIX MORE CALCULATIONS.

27 Q.: HOW DO WE KNOW HE USED THAT TEMPERATURE FOR THE

28 MAGGOT MASS?

8980

1 A.: HE SAYS THAT IN HIS REPORT.

2 Q.: IN FACT, HE INCLUDED THE TEMPERATURES IN THE

3 REPORTS, DID HE NOT?

4 A.: THAT’S CORRECT.

5 Q.: HOW DO YOU KNOW HE MADE THESE ASSUMPTIONS AT THE

6 CORONER’S OFFICE?

7 A.: THOSE ARE ALSO IN HIS REPORT.

8 Q.: BY MAKING THOSE ASSUMPTIONS HE’S MADE, DOES THAT

9 AFFECT THE TIME LINE THAT HE COMES TO?

10 A.: YES. BY DOING THIS HE WINDS UP WITH A SHORTER TIME

11 LINE FOR THE PERIOD OF INSECT ACTIVITY THAN I DO USING THE

12 AMBIENT TEMPERATURE.

13 THE COURT: COUNSEL, IT’S TIME FOR THE NOON RECESS.

14 LADIES AND GENTLEMEN, PLEASE REMEMBER THE

15 ADMONITION OF THE COURT NOT TO DISCUSS ANY OF THE EVIDENCE OR

16 TESTIMONY AMONG YOURSELVES OR WITH OTHERS, NOR FORM OR EXPRESS

17 ANY OPINIONS ON THE MATTER UNTIL IT’S SUBMITTED TO YOU. YOU

18 WILL BE REFORMING AT THE LOCATION YOU DID THIS MORNING AFTER

19 LUNCH. PLEASE BE THERE AT 1:30, PLEASE. 1:30. HALF PAST 1:00.

20

21 (AT 12:00 P.M. THE NOON RECESS WAS
TAKEN UNTIL 1:30 P.M. OF THE SAME DAY.)
22

23 –O0O–

24

25

26

27

28

30073 - July 30th 2002 -Transcript of David Westerfield Trial Day 25 - afternoon 1
30071 - July 30th 2002 -Transcript of David Westerfield Trial Day 25 - morning 1