DAY 7 – SAN DIEGO, CALIFORNIA, THURSDAY, JUNE 13, 2002, 1:33 P.M. (afternoon 1)

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WITNESSES:
Jimmy Rodgers (testified about Silver Strand campground),
Joyce Rodgers (Jimmy Rodgers’s wife),
Olen Golden (park ranger at Silver Strand),
Brian Neill (park ranger at Silver Strand)

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–O0O–
THE COURT: AH. WELCOME BACK, LADIES AND GENTLEMEN.
YOU KNOW, AT THE BEGINNING OF THE WEEK I GOT THAT E-MAIL FROM THAT VERY DISGRUNTLED COUNTY EMPLOYEE. SO IT’S GETTING TO THE POINT WHENEVER I CHECK MY E-MAIL OR MY REGULAR MAIL I’M A LITTLE HESITANT TO OPEN IT, AND SO YOU CAN WELL IMAGINE WHAT MY THOUGHTS ARE WHEN I GOT THIS NOTE. HOWEVER, THIS SHOWS WHAT A WORLD-CLASS OPERATION THE PADRES ARE.
IT READS AS FOLLOWS: “DEAR JUDGE MUDD. (THIS IS INTERESTING.) WE IN THE EXECUTIVE OFFICES AT THE PADRES HAVE BEEN WATCHING THE WESTERFIELD TRIAL. I THINK EVERYBODY IS. ADMITTEDLY WE GET A KICK OUT OF EACH TIME YOU MENTION THE CLUB. WE’RE GLAD YOU ARE ABLE TO CREATE SOME HUMOR AT OUR EXPENSE IN SPITE OF THE SOMBER CIRCUMSTANCES.”
NOW, MAYBE THERE’S SOME COUNTY EMPLOYEES OUT THERE THAT OUGHT TO THINK ALONG THE SAME LINES.
THEY ALSO SENT SOME MEMORABILIA WHICH MY STAFF WILL THOROUGHLY ENJOY. BUT I WANTED TO LET YOU KNOW THERE’S A POSITIVE NOTE OUT THERE AS WELL.
AND, OF COURSE, WHAT THE T.V. IS NOT PICKING UP IS THAT A COUPLE OF OUR JURORS ARE IN PADRE BLUE TODAY.
ALL RIGHT. MR. DUSEK.
MR. DUSEK: JIMMY RODGERS.

JIMMY LEE RODGERS,
CALLED AS A WITNESS BY THE PLAINTIFF, HAVING BEEN DULY SWORN, TESTIFIED AS FOLLOWS:
THE CLERK: SIR, WOULD YOU PLEASE STATE YOUR NAME AND SPELL IT FOR THE RECORD.
THE WITNESS: JIMMY LEE RODGERS. R-O-D-G-E-R-S.

DIRECT EXAMINATION
BY MR. DUSEK:
Q: ARE YOU EMPLOYED, MR. RODGERS?
A: YES, SIR, I AM.
Q: WHAT TYPE OF WORK DO YOU DO?
A: I’M AN INVENTORY ANALYST AND PLANNER.
Q: ARE YOU MARRIED, SIR?
A: YES, I AM.
Q: I WOULD LIKE TO DIRECT YOUR ATTENTION BACK TO THE WEEKEND OF FEBRUARY 1ST THROUGH 3RD OF THIS YEAR. DID YOU GO ON A TRIP?
A: YES, SIR.
Q: WHERE DID YOU GO?
A: WENT TO SILVER STRAND STATE BEACH.
Q: WHO DID YOU GO WITH?
A: MY WIFE, MY GRANDDAUGHTER, MY DAUGHTER, SON-IN-LAW, AND THREE GRANDSONS.
Q: WHAT TYPE OF RIG DID YOU TAKE?
A: WE TOOK OUR MOTOR HOME.
Q: HOW BIG A MOTOR HOME?
A: IT’S A TWENTY-SEVEN-FOOT.
Q: WHAT TYPE?
A: IT’S A 1991 TROPI-CAL.
Q: WERE ALL OF YOU ABLE TO FIT IN THE ONE MOTOR HOME?
A: NO. MY DAUGHTER AND SON-IN-LAW AND THREE GRANDSONS TOOK OUR TENT TRAILER.
Q: DO YOU RECALL WHEN YOU SHOWED UP DOWN THERE?
A: IT WAS ABOUT 12:00 O’CLOCK ON FRIDAY, THE 1ST.
Q: 12:00 O’CLOCK, NOON?
A: NOON. YES.
Q: HOW MUCH DOES IT COST?
A: FOR THE WIFE AND I IT’S $6.00 PER NIGHT BECAUSE MY WIFE IS HANDICAPPED. NORMALLY IT’S $12.00 A NIGHT.
Q: DO YOU REMEMBER WHERE YOU PARKED?
A: IT WAS IN SITE 66.
Q: DO YOU THINK YOU COULD FIND THAT ON AN AERIAL PHOTOGRAPH OF THE SILVER STRAND?
A: YES, I THINK SO.
Q: I HAVE ON THE BOARD BEHIND YOU COURT EXHIBIT 65. THERE ARE TWO PHOTOGRAPHS, A AND B.
(PHOTOBOARD CONTAINING TWO AERIAL PHOTOGRAPHS
MARKED TRIAL EXHIBIT NUMBER 65 FOR IDENTIFICATION.)
BY MR. DUSEK:
Q: ARE YOU ABLE TO FIND THAT SPOT IN EITHER OF THOSE PHOTOGRAPHS?
A: IT SHOULD BE — LET’S SEE. THIS IS WHERE YOU ENTER, SO IT SHOULD BE THIS SITE RIGHT HERE, WHERE THE BLUE TRUCK AND THIS CAR IS.
Q: ALL RIGHT.
A: WELL, NO. MAYBE. YEAH. IT’S THAT ONE RIGHT THERE BECAUSE THE BACK BUMPER WAS RIGHT NEXT TO THAT CONCRETE RING WHICH IS A FIRE RING.
Q: WHERE YOU INDICATED WAS ON PHOTOGRAPH B AND THE ENTRANCEWAY APPEARS TO BE ON THE LEFT-HAND SIDE OF THAT PHOTOGRAPH ABOUT MIDWAY UP. IS THAT CORRECT?
A: YES.
Q: AND THE SPOT THAT YOU THOUGHT YOU WERE IN WAS 66, WHERE THIS DARK-COLORED TRUCK IS.
A: THAT’S CORRECT.
Q: WILL YOU TAKE THIS RED FELT PEN AND — WHOOPS. LET’S SWITCH COLORS SO WE DON’T. . . LET’S GIVE YOU BLACK. COULD YOU CIRCLE THAT TRUCK TO SHOW YOUR LOCATION.
A: (THE WITNESS COMPLIED.)
Q: THANK YOU, SIR.
ARE THERE NUMBERS ON THE PAVEMENT?
A: YES, THERE ARE.
Q: NOW I WOULD LIKE TO GO OVER TO THE NEXT MORNING, SATURDAY MORNING. DID THERE COME A TIME WHEN YOU NOTICED A MOTOR HOME THAT ATTRACTED YOUR ATTENTION?
A: WELL, I DIDN’T ACTUALLY NOTICE IT, BUT MY WIFE DID WHEN IT PULLED IN.
Q: ABOUT WHAT TIME WAS THAT?
MR. BOYCE: OBJECTION. HEARSAY.
THE COURT: SUSTAINED WITHOUT FOUNDATION. YOU MAY LAY YOUR FOUNDATION.
BY MR. DUSEK:
Q: WHEN YOU SPOKE WITH YOUR WIFE, ABOUT WHAT TIME WAS IT?
MR. BOYCE: OBJECTION. RELEVANCE. HEARSAY.
THE COURT: OVERRULED.
YOU CAN GIVE US THE TIME WHEN YOU TALKED TO YOUR WIFE, SIR.
THE WITNESS: IT WAS APPROXIMATELY BETWEEN 10:00 AND 10:30.
BY MR. DUSEK:
Q: WHY DO YOU SAY THAT TIME?
A: BECAUSE I REMEMBER I WAS STANDING AT THE KITCHEN SINK IN THE MOTOR HOME CLEANING UP OUR BREAKFAST DISHES.
Q: AND AFTER YOUR WIFE MADE HER COMMENT, DID YOU LOOK TO SEE WHAT SHE WAS TALKING ABOUT?
A: YES, I DID.
Q: WHAT DID YOU SEE?
A: I SAW A MOTOR HOME THAT WAS PARKED JUST DOWN FROM US, AND ALL THE CURTAINS HAD BEEN PULLED.
Q: CAN YOU DESCRIBE THAT MOTOR HOME?
A: IT — APPROXIMATELY BETWEEN THIRTY, THIRTY-FOOT MOTOR HOME, BUS-TYPE, BUS-TYPE FRONT END. WHITE. LET’S SEE. WHITE ON THE TOP, KIND OF A VERY LIGHT GREENISH-GOLD COLOR ON THE BOTTOM. AND IT HAD DECALS ON IT LIKE A — ALMOST LOOKED LIKE A CRESTING WAVE.
Q: LET ME SHOW YOU WHAT’S BEEN PREVIOUSLY MARKED AS COURT’S EXHIBIT 49. DO YOU RECOGNIZE WHAT WE HAVE DEPICTED HERE?
A: YES, SIR.
Q: DOES THAT APPEAR TO BE THE MOTOR HOME THAT YOU SAW?
A: YES, SIR.
Q: DID YOU GET THE LICENSE PLATE?
A: NO. THAT I DID NOT.
Q: WHEN YOU — HOW FAR AWAY DID IT PARK?
A: IT WAS THREE SITES DOWN FROM US. SO I BELIEVE IT’S APPROXIMATELY THIRTY FEET.
Q: SITES DOWN, WOULD THAT BE SOUTH OR NORTH OF YOU?
A: ACTUALLY IT WOULD HAVE BEEN SOUTH OF US.
Q: WAS IT ALREADY PARKED WHEN YOU FIRST SAW IT?
A: WHEN I SAW IT, YES.
Q: AND DESCRIBE THE CONDITIONS OF THE WINDOWS.
A: THE BLINDS AND THE CURTAINS WERE PULLED, AND THE BIG CURTAIN AROUND THE CAB OF THE MOTOR HOME HAD BEEN PULLED.
Q: THE CAB MEANING THE FRONT WINDSHIELD?
A: THE DRIVER’S WINDSHIELD, YES.
Q: YOU HAVE A MOTOR HOME, RIGHT?
A: YES, I DO.
Q: WHEN YOU DRIVE IT, DO YOU LEAVE THE WINDOWS OPEN OR CLOSED?
A: USUALLY THE CURTAINS ARE OPEN.
Q: I ASSUME FRONT WINDSHIELD IS OPEN.
A: YES. FRONT ONE IS DEFINITELY OPEN.
Q: I WAS REFERRING TO THE OTHER ONES.
A: WE KEEP THE OTHERS OPEN.
MR. BOYCE: OBJECTION.
THE COURT: OVERRULED.
MR. BOYCE: OBJECTION. RELEVANCE.
THE COURT: OVERRULED.
YOU MAY ANSWER.
THE WITNESS: IT GIVES ME A BETTER CHANCE TO LOOK OUT SIDE WINDOWS TO SEE TRAFFIC, WHATEVER, WHILE YOU’RE DRIVING DOWN THE ROAD.
/ / /
BY MR. DUSEK:
Q: DID YOU SEE ANYTHING WITH REGARD TO THAT MOTOR HOME AFTER IT PARKED THERE BY YOU?
A: NO, I DID NOT.
Q: DID YOU SEE ANYBODY ASSOCIATED OR AFFILIATED WITH THAT MOTOR HOME?
A: NO, I DID NOT.
Q: DID YOU SEE ANYONE GET OUT OF THE MOTOR HOME AT ANY TIME?
A: NO, I DID NOT.
Q: WHAT DID THE MOTOR HOME DO AFTER IT PARKED?
A: IT JUST BASICALLY PARKED, PULLED ALL THE DRAPES, AND JUST SAT THERE.
Q: DO YOU REMEMBER WHAT KIND OF DAY IT WAS?
A: IT WAS A SUNNY DAY. A LITTLE BIT BREEZY. BUT IT WAS A COMFORTABLE DAY.
Q: WERE ANY PEOPLE OUTSIDE ENJOYING THE WEATHER?
A: M-HM. THERE ARE PEOPLE WALKING AROUND THE CAMPGROUND. PEOPLE RIDING THEIR BIKES. MY GRANDKIDS HAD BEEN OUT PLAYING.
Q: ANYBODY IN THE WATER DOWN THERE?
A: NOT THAT I RECALL.
Q: DID YOU SEE ANYBODY CONTACT THAT MOTOR HOME OR ANYONE ASSOCIATED WITH THAT MOTOR HOME?
A: NO, I DID NOT.
Q: DO YOU KNOW HOW LONG IT STAYED THERE?
A: APPROXIMATELY THREE TO THREE AND A HALF HOURS.
Q: THEN WHAT HAPPENED?
A: THE WIFE INFORMED ME THAT IT WAS —
MR. BOYCE: OBJECTION. HEARSAY.
THE COURT: WHOOPS.
THE WITNESS: OKAY. SORRY.
THE COURT: SUSTAINED.
NEXT QUESTION.
BY MR. DUSEK:
Q: YOUR WIFE’S OUTSIDE, RIGHT?
A: CORRECT.
Q: AFTER SHE TOLD YOU WHATEVER SHE TOLD YOU, DO YOU KNOW IF THE MOTOR HOME WAS STILL THERE?
A: NO, IT WAS NOT.
Q: DID YOU SEE THE MOTOR HOME LEAVE?
A: I DID NOT, NO.
Q: WHAT WERE YOU DOING AT THAT TIME?
A: AT THAT POINT I DON’T REMEMBER. I MAY HAVE BEEN SETTING BACK ON THE BED READING THE PAPER OR BOOK. I’M NOT SURE.
MR. DUSEK: THANK YOU, SIR.
THE COURT: ALL RIGHT.
CROSS-EXAMINATION.

CROSS-EXAMINATION
BY MR. BOYCE:
Q: AFTER YOU SAW THIS MOTOR HOME, DO YOU RECALL SEEING IT ON T.V. AT ALL?
A: I MAY HAVE. BUT I DON’T REMEMBER. I DON’T THINK I DID. BUT I CAN’T SAY FOR CERTAIN.
Q: WERE YOU EVER SHOWN A PHOTOGRAPH OF THIS MOTOR HOME?
A: YES.
Q: HOW MANY TIMES?
A: NOT COUNTING TODAY, JUST ONCE.
Q: HOW MANY TIMES TODAY WERE YOU SHOWN A PHOTOGRAPH?
A: JUST ONCE.
Q: AND WHEN WAS THAT? WHEN?
A: TODAY?
Q: YES.
A: ABOUT FIVE MINUTES AGO.
Q: AND WHO SHOWED YOU THE PHOTOGRAPH FIVE MINUTES AGO?
A: THE DISTRICT ATTORNEY.
Q: HOW MANY PHOTOGRAPHS DID HE SHOW YOU?
A: THREE TOTAL. TWO OF THE CAMPGROUND, ONE — WELL, ACTUALLY THERE WAS MORE THAN THAT OF THE MOTOR HOME, BUT I DIDN’T COUNT THEM.
Q: DID HE SHOW YOU ANY MORE THAN THIS, THE SAME MOTOR HOME?
A: I’M NOT AWARE OF IT, NO.
Q: YOU DIDN’T SEE ANY PHOTOGRAPHS OF ANYTHING ELSE OTHER THAN THIS ONE MOTOR HOME, IS THAT RIGHT, OTHER MOTOR HOMES?
A: THAT’S CORRECT.
(DISCUSSION OFF THE RECORD BETWEEN MR. BOYCE
AND MR. FELDMAN.)
BY MR. BOYCE:
Q: REFERRING TO EXHIBIT 49, HAVE YOU SEEN THOSE PICTURES BEFORE?
A: ONLY WHEN THE DISTRICT ATTORNEY SHOWED THEM TO ME.
Q: AND THAT WAS TODAY, IS THAT RIGHT?
A: THAT’S CORRECT.
Q: HE SHOWED YOU THAT BOARD, IS THAT RIGHT?
A: THAT’S CORRECT.
Q: AND HE ASKED YOU IF YOU RECOGNIZED THAT MOTOR HOME.
A: YES, HE DID.
Q: THE FIRST TIME YOU WERE SHOWN PHOTOGRAPHS OF A MOTOR HOME AFTER THE FEBRUARY 1ST, WHEN WAS THAT?
A: I BELIEVE IT WAS TUESDAY, FEBRUARY 5TH.
Q: HOW MANY PHOTOGRAPHS WERE YOU SHOWN OF A MOTOR HOME ON TUESDAY, FEBRUARY 5TH?
A: JUST ONE.
Q: AND THIS WAS BY A POLICE OFFICER?
A: THAT’S CORRECT.
Q: AND HE ASKED YOU IF YOU RECOGNIZED THAT MOTOR HOME, IS THAT RIGHT?
A: YES. HE ASKED US TO DESCRIBE THE MOTOR HOME PRIOR TO SHOWING US THE PICTURE.
Q: BETWEEN FEBRUARY 1ST AND FEBRUARY 5TH WERE YOU AWARE THAT A YOUNG GIRL NAMED DANIELLE VAN DAM HAD DISAPPEARED?
A: WE WERE NOT AWARE OF IT UNTIL THE DETECTIVES CALLED ON TUESDAY MORNING.
Q: AND THAT WAS FEBRUARY 5TH?
A: THAT’S CORRECT.
Q: AND THAT’S WHEN THEY CAME OUT TO TALK TO YOU ABOUT THIS MOTOR HOME?
A: THAT’S CORRECT.
Q: THIS PHOTOGRAPH OF THE MOTOR HOME THAT THEY SHOWED YOU, —
A: M-HM.
Q: IS THAT YES?
A: YES.
Q: THIS — THE MOTOR HOME THAT WAS SEVERAL SPOTS DOWN FROM YOU THAT YOU’VE DESCRIBED, YOU WERE IN YOUR MOTOR HOME WHEN YOU SAW IT, IS THAT RIGHT?
A: THAT’S CORRECT.
Q: WERE YOU SEATED AT YOUR BREAKFAST TABLE?
A: NO. MY WIFE WAS SEATED AT THE BREAKFAST TABLE. I WAS STANDING AT THE KITCHEN SINK DOING THE BREAKFAST DISHES.
Q: AND YOU COULD SEE THE MOTOR HOME FROM WHERE YOU WERE?
A: I HAD TO TURN 180 DEGREES AND LOOK OUT THE WINDOW BY THE TABLE.
Q: AND AT THIS TIME YOU NOTICED NO ONE WAS OUT THERE OR NO ONE, THE MOTOR HOME WAS — APPEARED TO HAVE THE CURTAINS DRAWN?
A: THAT’S CORRECT.
Q: AND YOU SAY YOU, WHEN YOU’RE DRIVING DOWN THE ROAD, YOU OPEN YOUR CURTAINS, CORRECT?
A: THAT’S CORRECT.
Q: ARE THERE OCCASIONS WHEN YOU WANT SOME PRIVACY AND YOU CLOSE YOUR CURTAINS?
A: NOT WHILE DRIVING, NO.
Q: NO. BUT WHEN IT’S PARKED.
A: YEAH. AT NIGHT WHEN YOU ARE GOING TO BED OR WHEN YOU’RE CHANGING CLOTHES.
Q: WHEN YOU TAKE A NAP?
A: DURING THE DAY, NO. WE DON’T.
Q: NOW, I BELIEVE YOU DESCRIBED THE DAY AS — IT WAS A SUNNY DAY.
A: M-HM.
Q: BUT IT WAS BREEZY.
A: SOMETIMES IT WAS A LITTLE BREEZY, YES.
Q: DID YOU SEE A PARK RANGER APPROACH THAT MOTOR HOME AT ANY TIME?
A: I DID NOT, NO.
(DISCUSSION OFF THE RECORD BETWEEN MR. BOYCE AND
MR. FELDMAN.)
BY MR. BOYCE:
Q: MR. RODGERS, WHEN YOU WERE FIRST CONTACTED BY THE POLICE ON FEBRUARY 5TH, YOUR WIFE WAS WITH YOU, WASN’T SHE?
A: YES. MY WIFE IS THE ONE THAT THEY ACTUALLY CONTACTED, NOT ME, BECAUSE I WAS AT WORK.
Q: YOU WEREN’T PRESENT WHEN YOUR WIFE WAS CONTACTED ON THE 5TH?
A: NO. THEY CONTACTED HER BY PHONE.
Q: AND WHAT ABOUT TODAY, WHEN THEY SHOWED YOU THE PHOTOGRAPHS, YOUR WIFE WAS PRESENT, WASN’T SHE?
A: YES. M-HM.
Q: WHEN YOU GOT THE PHONE CALL, DID A POLICE OFFICER COME TO YOUR HOUSE LATER?
A: YES.
Q: AND WERE YOU HOME THEN?
A: YES, I WAS.
Q: AND YOUR WIFE WAS HOME?
A: YES.
Q: AND AT THAT — IT WAS AT THAT TIME THAT YOU WERE SHOWN THIS PHOTOGRAPH?
A: THAT’S CORRECT.
Q: AND YOU WERE BOTH PRESENT WHEN YOU WERE SHOWN THE PHOTOGRAPH.
A: THAT’S CORRECT.
MR. BOYCE: THANK YOU.
I HAVE NOTHING FURTHER.
THE COURT: ANYTHING FURTHER, MR. DUSEK?
MR. DUSEK: YES.

REDIRECT EXAMINATION
BY MR. DUSEK:
Q: WHEN DID YOU LEAVE THE CAMPGROUND THAT WEEKEND, SIR?
A: WE LEFT APPROXIMATELY 10:30 ON SUNDAY MORNING, THE 3RD I BELIEVE IT WAS, FEBRUARY 3RD.
Q: AND YOU DID NOT HEAR ANY MEDIA COVERAGE UNTIL THE 5TH, IS THAT CORRECT?
A: NO, THAT’S CORRECT.
Q: THE PHOTOGRAPHS THAT I SHOWED YOU, WERE THOSE THE PHOTOGRAPHS I JUST SHOWED YOU RIGHT HERE IN COURT?
A: THAT’S CORRECT.
Q: IT WAS NO OTHER TIME?
A: NO.
Q: SO YOU WERE JUST ANSWERING THE QUESTIONS THAT WERE ASKED?
A: CORRECT.
Q: AND WHEN I SHOWED YOU THE PICTURES, ALL THE JURORS GOT TO SEE ME SHOW YOU THE PICTURES.
A: CORRECT.
Q: ALL THE DEFENSE ATTORNEYS GOT TO SEE YOU SEE THE PICTURES.
A: CORRECT.
Q: I DIDN’T SHOW THEM TO YOU OUTSIDE.
A: NO, SIR.
Q: DIDN’T SHOW YOU UP TO MY OFFICE.
A: NO.
MR. DUSEK: THANK YOU, SIR.
THE COURT: ANYTHING ELSE?

RECROSS-EXAMINATION
BY MR. BOYCE:
Q: WHEN YOU WERE SHOWN THE PICTURES THE FIRST TIME, THOUGH, AND YOUR WIFE WAS PRESENT, —
A: M-HM.
Q: — THEY ASKED YOU AND YOUR WIFE SOME QUESTIONS, DIDN’T THEY?
A: YES. THAT’S CORRECT.
Q: AND YOU AND YOUR WIFE ANSWERED THOSE QUESTIONS BASED ON EACH OF YOUR RECOLLECTIONS, IS THAT CORRECT?
A: CORRECT.
Q: AND YOU WERE BOTH ANSWERING THE QUESTIONS OF THE POLICE OFFICER TOGETHER, WEREN’T YOU?
A: WE WERE BOTH PRESENT IN THE ROOM, YES.
MR. BOYCE: THANK YOU.
I HAVE NOTHING FURTHER.
THE COURT: ALL RIGHT.
IS THIS WITNESS TO BE EXCUSED?
MR. DUSEK: YES.
THE COURT: MR. BOYCE?
MR. BOYCE: YES.
THE COURT: ALL RIGHT.
SIR, YOUR TIME WITH US IS DONE. PLEASE REMEMBER YOU’RE NOT TO DISCUSS YOUR CASE WITH ANYONE UNTIL THIS MATTER IS CONCLUDED. OKAY?
THE WITNESS: OKAY.
THE COURT: ALL RIGHT. STEP OUTSIDE.
(THE WITNESS WAS EXCUSED.)
MR. DUSEK: JOYCE RODGERS.
THE BAILIFF: MR. RODGERS IS GOING TO HELP HER UP.
THE COURT: OH. OKAY. THAT’S FINE.
THANK YOU, SIR. YOU CAN REMAIN IN THE COURTROOM. YOU’VE BEEN DISCHARGED, SO YOU CAN JUST HAVE A SEAT.

JOYCE RODGERS,
CALLED AS A WITNESS BY THE PLAINTIFF, HAVING BEEN DULY SWORN, TESTIFIED AS FOLLOWS;
THE CLERK: MA’AM, WOULD YOU PLEASE STATE YOUR NAME AND SPELL IT FOR THE RECORD.
THE WITNESS: JOYCE RODGERS. J-O-Y-C-E R-O-D-G-E-R-S.

DIRECT EXAMINATION
BY MR. DUSEK:
Q: GOOD MORNING, MISS RODGERS, OR AFTERNOON. I’M SORRY.
ARE YOU MARRIED TO JIMMY RODGERS WHO JUST TESTIFIED?
A: YES, I AM.
Q: HOW LONG HAVE YOU BEEN MARRIED?
A: THIRTY YEARS.
Q: I WOULD LIKE TO DIRECT YOUR ATTENTION BACK TO FEBRUARY 1ST OF THIS YEAR. DID YOU AND YOUR HUSBAND GO ON A TRIP?
A: WE WENT TO SILVER STRAND STATE BEACH, YES.
Q: WHAT PART OF TOWN DO YOU LIVE IN?
A: EL CAJON.
Q: DID YOU GO THERE WITH ANYONE?
A: MY GRANDDAUGHTER, MY DAUGHTER, AND HER HUSBAND, AND THEIR THREE SONS.
Q: WHAT TYPE OF RIG DO YOU GUYS HAVE?
A: WE HAVE A TWENTY-SEVEN-FOOT TROPI-CAL MOTOR HOME.
Q: WHAT DAY DID YOU GO DOWN THERE?
A: FEBRUARY 1ST.
Q: WHAT DAY OF THE WEEK?
A: FRIDAY. EXCUSE ME.
Q: AND WHEN YOU SHOW UP DOWN THERE, WHAT TYPE OF HOOKUP DO YOU HAVE TO DO?
A: THERE ARE NO HOOKUPS. YOU HAVE TO BE TOTALLY SELF-CONTAINED.
Q: DO YOU HAVE TO LEVEL THE VEHICLE?
A: YES, YOU DO. THE FRONT END IS ALWAYS LOW BECAUSE IT FALLS TOWARDS THE BEACH.
Q: WHY IS THAT?
A: IT JUST — THE PARKING LOT SLOPES DOWN, SO YOU HAVE TO LEVEL IT SO THAT YOUR REFRIGERATOR, WHATEVER, DOESN’T BURN UP.
Q: OKAY.
DID YOU GUYS SET UP OUTSIDE WHATEVER YOU HAD?
A: A FEW THINGS.
Q: LIKE WHAT?
A: CHAIRS AND I THINK HE HAD A PIECE OF ASTROTURF OR SOMETHING DOWN. AND THEN THE KIDS HAD TOYS AND STUFF OUT IN THE MIDDLE.
Q: NOW I WOULD LIKE TO MOVE OVER TO SATURDAY, —
A: YES.
Q: — THE SECOND DAY FOR YOU THERE.
DID YOU NOTICE A MOTOR HOME IN THE VICINITY ON SATURDAY?
A: YES.
Q: ABOUT WHAT TIME?
A: BETWEEN 10:00 AND 11:00 O’CLOCK IN THE MORNING.
Q: AND HOW CAN YOU PINPOINT THAT TIME PERIOD?
A: BECAUSE I WENT BACK AND SLEPT IN UNTIL 10:00 O’CLOCK AND GOT UP AND WE HAD BREAKFAST. AND I BELIEVE IT WAS PROBABLY MORE LIKE BETWEEN 10:30 AND 11:00 BECAUSE I WAS SITTING AT THE TABLE AFTER BREAKFAST TALKING TO MY SON-IN-LAW.
Q: AND HOW WERE YOU ABLE TO SEE THIS MOTOR HOME THAT ATTRACTED YOUR ATTENTION?
A: WE WERE SITTING, WE WERE SITTING ON THE SIDE TABLE WITH THE WINDOW FACING WHERE IT CAME IN.
Q: SO YOU WOULD BE LOOKING OUT THE PASSENGER SIDE OR DRIVER’S SIDE OF YOUR —
A: DRIVER’S SIDE.
Q: WHAT DID YOU SEE WITH REGARD TO THIS MOTOR HOME?
A: SAW THAT IT PULLED IN. WE WERE KIND OF CURIOUS AS TO WHY CURTAINS WERE ALL PULLED EXCEPT FOR THE FRONT. AND WE WERE JUST, YOU KNOW, WE HAD BEEN LOOKING AT MOTOR HOMES. IT WAS A LITTLE BIT LONGER. WE WERE JUST — IT WAS A BUS FRONT INSTEAD OF LIKE OURS. AND WE HAD JUST BEEN LOOKING AT OTHERS AROUND.
Q: WERE YOU GUYS IN THE MARKET FOR ONE?
A: WE JUST BOUGHT OURS, AND WE WERE JUST CURIOUS.
Q: ALL RIGHT.
YOU MENTIONED THE CURTAINS WERE DRAWN. IS THAT CORRECT?
A: YES, THEY WERE.
Q: BEFORE OR AFTER THE MOTOR HOME CAME TO A STOP?
A: WHEN IT CAME IN, EXCEPT FOR THE FRONT CURTAINS.
Q: WHY IS THAT UNUSUAL?
A: WELL, WE — EVERYBODY WE KNOW THAT DRIVES A MOTOR HOME LEAVES OPEN —
MR. BOYCE: OBJECTION. RELEVANCE.
THE COURT: OVERRULED.
YOU MAY ANSWER.
THE WITNESS: — LEAVES IT OPEN, YOU KNOW. BETTER VIEW OF CHANGING LANES AND STUFF.
BY MR. DUSEK:
Q: HOW FAR AWAY DID THE MOTOR HOME PARK, ABOUT?
A: I THINK IT WAS THREE SPACES AWAY.
Q: AFTER IT PARKED, WHAT DID YOU SEE?
A: THE FRONT CURTAINS WERE CLOSED, AND NO ONE CAME OUT. NO ONE LEVELED IT. AS FAR AS WE COULD SEE, NO ONE CAME OUT.
Q: LET ME DIRECT YOUR ATTENTION TO THE PHOTO EXHIBIT BOARD BEHIND YOU, NUMBER 49, LABELED AT THE TOP “1997 SOUTHWIND MOTOR HOME,” ROMAN NUMERAL ONE. DO YOU RECOGNIZE THAT VEHICLE?
A: YES, I DO.
Q: FROM WHERE?
A: THAT’S THE VEHICLE THAT PARKED NEXT TO US.
Q: AND DO YOU SEE THE FRONT WINDOW ON THAT MOTOR HOME IN PHOTOGRAPH A?
A: YES, I DO.
Q: WERE THOSE THE CURTAINS THAT YOU WERE TALKING ABOUT BEING DRAWN AFTER IT PARKED?
A: YES, SIR.
Q: AS THE MOTOR HOME WAS STILL MOVING AND BEFORE IT PARKED, COULD YOU SEE THE DRIVER?
A: FAINTLY WE COULD SEE HIM AS HE PULLED IN. WE KNEW IT WAS JUST ONE PERSON IN THE FRONT.
Q: AFTER IT PARKED, WHAT HAPPENED?
A: OH, WE WERE KIND OF JOKING AROUND, WONDERING, YOU KNOW, WHY — WE — JUST HAVING FUN. WHY DID THE FRONT CURTAIN GET CLOSED. WHY DIDN’T ANYBODY COME OUT. MAYBE HE HAD A GIRLFRIEND WITH HIM. AND THEN WE THOUGHT, WELL, MAYBE HE HAD JUST BEEN TRAVELING AND NEEDED TO REST.
Q: AND DID YOU SEE ANY SETUP PROCEDURES BY THE OCCUPANT OF THE MOTOR HOME?
A: NO, WE DIDN’T.
Q: WHAT WAS THE NEXT THING THAT YOU NOTICED ABOUT THE MOTOR HOME?
A: A FEW HOURS LATER, MAYBE TWO, THREE HOURS LATER, A RANGER PULLED UP, WENT TO THE DOOR, AND KNOCKED ON IT. THE GENTLEMAN OPENED THE DOOR, SPOKE TO THE RANGER FOR A MINUTE OR SO. THE DOOR WAS SHUT. THE RANGER WALKED TO THE FRONT OF THE MOTOR HOME. THE GENTLEMAN CAME OUT, TALKED TO THE RANGER.
Q: HAD YOU SEEN ANYONE ASSOCIATED WITH THAT MOTOR HOME FROM THE TIME THAT IT PARKED UNTIL THE RANGER CONTACTED IT?
A: I DIDN’T. I DID GO BACK AND LAY DOWN FOR A SMALL AMOUNT OF TIME, SO I DIDN’T SEE IT THE ENTIRE TIME.
Q: HOW LONG WOULD YOU SAY YOUR NAP WAS?
A: HALF AN HOUR.
Q: DID YOU GET OUT OF YOUR MOTOR HOME AND LEAVE THE AREA AT ALL?
A: NO, I DIDN’T.
Q: THE RANGER THAT CONTACTED THE PERSON IN THE MOTOR HOME WENT TO WHAT DOOR ON THE MOTOR HOME?
A: IT WOULD BE THE DOOR ON THE PASSENGER SIDE.
Q: DO YOU KNOW HOW LONG HE HAD TO KNOCK OR HOW LONG HE WAS THERE?
A: NOT LONG. HE KNOCKED AND IT WAS OPENED PRETTY — FAIRLY SOON.
Q: THE OCCUPANT DID WHAT ONCE YOU FIRST SAW THE OCCUPANT?
A: WHEN HE CAME OUT?
Q: YES.
A: HE SPOKE TO THE RANGER, WALKED UP TO THE FRONT OF THE MOTOR HOME, SPOKE TO THE RANGER FOR A FEW MINUTES. THE RANGER HANDED HIM SOMETHING, AND HE GOT BACK IN HIS MOTOR HOME.
Q: WHEN THE PERSON GOT OUT OF THE MOTOR HOME, DID HE LEAVE HIS DOOR OPEN OR NOT?
A: I REALLY COULDN’T TELL YOU.
Q: COULD YOU SEE WHAT THE RANGER WAS HANDING THE OCCUPANT?
A: NO, I COULDN’T.
Q: CAN YOU DESCRIBE THE OCCUPANT OR RECOGNIZE THE OCCUPANT?
A: YES. BECAUSE HE LOOKED LIKE SOMEONE THAT WE KNEW, SO IT WAS A FACE THAT WAS FAMILIAR. HE WAS DARK-HAIRED AND THINNING ON THE TOP AND BUILT THE SAME WAY, YOU KNOW. MEDIUM BUILD.
Q: DO YOU SEE THAT PERSON IN COURT TODAY THAT YOU SAW GET OUT OF THE MOTOR HOME?
A: YES, I DO.
Q: WOULD YOU POINT HIM OUT, PLEASE, AND DESCRIBE WHAT HE’S WEARING TODAY.
A: SITTING RIGHT HERE IN THE WHITE SHIRT AND DARK TIE WITH THE GRAY SUIT.
THE COURT: THE RECORD WILL REFLECT IDENTIFICATION.
BY MR. DUSEK:
Q: NOW, HE LOOKED SIMILAR TO A FRIEND OF YOURS?
A: YES.
Q: WHAT DID THE DEFENDANT DO AFTER HE HAD HIS EXCHANGE WITH THE RANGER?
A: HE WENT BACK IN THE MOTOR HOME AND AFTER A FEW MINUTES OPENED THE FRONT CURTAINS AND PROMPTLY LEFT.
Q: HOW LONG WOULD YOU SAY HE WAS THERE BEFORE HE LEFT?
A: NO MORE THAN FIVE MINUTES.
Q: DID YOU SEE HIM COME BACK AT ANY TIME DURING YOUR STAY THERE?
A: NO, WE DIDN’T.
MR. DUSEK: THANK YOU, MA’AM.
THE COURT: ALL RIGHT.
CROSS-EXAMINATION.

CROSS-EXAMINATION
BY MR. BOYCE:
Q: GOOD AFTERNOON, MRS. RODGERS.
A: HELLO.
Q: DO YOU KNOW WHAT AUTOMATIC LEVELERS ARE?
A: YES, I DO.
Q: OKAY.
AND THOSE ARE LEVELERS THAT ARE OPERATED WITHIN –INSIDE YOUR MOTOR HOME.
A: YES, YOU DO.
Q: SO YOU DON’T HAVE TO COME OUT —
A: THAT’S RIGHT.
Q: — TO LEVEL YOUR MOTOR HOME.
A: YES.
Q: DO YOU HAVE THOSE ON YOUR MOTOR HOME?
A: NO.
Q: DO YOU KNOW WHETHER THE MOTOR HOME YOU SAW A FEW SPACES DOWN WAS THE TYPE OF MOTOR HOME THAT DID HAVE AUTOMATIC LEVELERS?
A: WE DIDN’T KNOW THE MOTOR HOME MOVED IF IT DID HAVE AUTOMATIC LEVELERS. YOU CAN USUALLY TELL WHEN IT’S —
Q: YOU WATCHED THAT MOTOR HOME FOR THE ENTIRE TIME IT WAS THERE.
A: EXCEPT FOR THE HALF-HOUR OR SO WALKING AROUND, YES.
Q: THE HALF-HOUR OR SO —
A: THAT I WAS RESTING IN THE BACK.
Q: YOU SAID THAT YOU WERE WALKING AROUND OR YOU WERE RESTING.
A: JUST WITHIN THE MOTOR HOME.
THE COURT: OKAY. POOR BOB. YOU’LL MAKE IT. YOU REALLY WILL.
MRS. RODGERS, I’VE GOT TO INSIST, PLEASE, THAT YOU WAIT UNTIL MR. BOYCE IS DONE ASKING THE QUESTION. YOU ANSWER IT.
THE WITNESS: OKAY.
THE COURT: AND THEN HE WON’T INTERRUPT YOU.
THE WITNESS: OKAY.
THE COURT: OKAY. AND THEN THAT WAY I’LL STILL HAVE BOB LEFT FOR THIS TRIAL.
OKAY. MR. BOYCE.
MR. BOYCE: THANK YOU, YOUR HONOR.
BY MR. BOYCE:
Q: YOU TOOK A NAP, RIGHT?
A: YES, I DID.
Q: AND YOU WERE ALSO WALKING AROUND IN YOUR MOTOR HOME.
A: YES, I WAS.
Q: WHEN YOU FIRST SAW THE MOTOR HOME, YOU WERE SEATED AT YOUR KITCHEN TABLE.
A: YES.
Q: SO DURING THE PERIOD OF TIME THAT THAT MOTOR HOME WAS THERE, THERE WERE THREE DIFFERENT ACTIVITIES THAT YOU’VE DESCRIBED. ONE YOU WERE SEATED AT YOUR KITCHEN TABLE.
A: M-HM.
Q: GOT TO WAIT.
A: YES. I’M SORRY.
Q: YOU WERE WALKING AROUND INSIDE THE MOTOR HOME. IS THAT CORRECT?
A: YES.
Q: AND YOU WERE TAKING A NAP.
A: YES.
Q: YOU ALSO BROUGHT SOMETHING IN COURT WITH YOU, DIDN’T YOU?
A: I HAVE A THING. THIS?
Q: YES.
A: A TRANSCRIPT FROM WHAT I TOLD THE INVESTIGATOR.
Q: A POLICE REPORT?
A: YES.
Q: WHO GAVE YOU THE POLICE REPORT?
A: THE DISTRICT ATTORNEY’S OFFICE.
Q: TODAY?
A: YES.
Q: DID THEY ASK YOU TO REVIEW IT?
A: YES.
Q: AND DID YOU REVIEW IT BEFORE YOU TESTIFIED?
A: YES, I DID.
Q: THE PHOTOS THAT YOU WERE SHOWN BEHIND YOU, —
A: M-HM.
Q: YOU HAVE TO SAY YES OR NO.
A: YES.
Q: — HAD YOU SEEN THOSE PHOTOS BEFORE?
A: I SAW ONE PHOTOGRAPH OF THE MOTOR HOME.
Q: AND WHEN WAS THAT?
A: THE DAY THAT OFFICER TALLMAN CAME TO THE HOUSE ON JUNE 5TH.
Q: JUNE 5TH? COULD THAT HAVE BEEN FEBRUARY 5TH?
A: FEBRUARY 5TH. EXCUSE ME.
Q: DID YOU RECOGNIZE THAT PHOTOGRAPH AS BEING ONE OF THE SAME PHOTOGRAPHS BEHIND YOU ON THE BOARD?
A: YES, I DID.
Q: DO YOU RECALL WHICH PHOTOGRAPH IT WAS THAT OFFICER TALLMAN SHOWED YOU?
A: I BELIEVE IT WAS A SIDE PHOTOGRAPH.
Q: WHICH PHOTOGRAPH ON THE BOARD, REFERRING TO 49, DID HE SHOW YOU?
A: B.
Q: B?
A: B.
Q: WERE YOU SHOWN ANY OTHER PHOTOGRAPHS THAN PHOTOGRAPH B?
A: OF THE MOTOR HOME?
Q: YES.
A: NO, I WASN’T.
Q: WHEN YOU FIRST SAW THE MOTOR HOME PARKED A FEW SPACES FROM YOU, YOU ASSUMED THAT THE PERSON THAT HAD BEEN DRIVING ALL NIGHT WAS GOING TO GET SOME SLEEP, DIDN’T YOU?
A: WE ASSUMED MAYBE THAT WAS WHAT WAS HAPPENING, YES. WE REALLY DIDN’T THINK A WHOLE LOT ABOUT IT.
Q: DIDN’T TELL THE OFFICER YOU THOUGHT HE HAD A GIRLFRIEND OR ANYTHING LIKE THAT, DID YOU?
A: NO.
Q: THE PARK RANGER — AFTER THE PARK RANGER LEFT THE MOTOR HOME, THE PERSON WENT BACK INTO THE MOTOR HOME, IS THAT RIGHT?
A: YES.
Q: AND SOME TIME LATER YOU SAW THE MOTOR HOME LEAVE.
A: YES.
Q: YOU SAW THE MOTOR HOME LEAVE THROUGH THE NORTH EXIT OF THE PARK.
A: YES.
Q: IS THAT A YES?
A: YES.
Q: THERE’S TWO EXITS; THERE’S A SOUTH EXIT AND A NORTH EXIT, IS THAT RIGHT?
A: YES.
Q: REFERRING TO EXHIBIT 65, THERE’S TWO PHOTOGRAPHS. DO YOU SEE THOSE EXITS ON THOSE, ONE OF THOSE PHOTOGRAPHS?
A: YES, I DO.
Q: WHICH PHOTOGRAPH?
A: THIS ONE RIGHT HERE. IT’S THE SECOND ONE FROM THE BOTTOM. A.
Q: DO YOU WANT TO USE THE POINTER AND —
A: RIGHT HERE.
Q: AND YOU’RE POINTING TO THE PHOTOGRAPH —
A: THE SECOND —
Q: — THE PHOTOGRAPH THAT’S ON THE LEFT, A. AND YOU’RE POINTING TO A, WHAT APPEARS — A ROADWAY INTO THE PARKING AREA, THE SECOND ENTRYWAY FROM THE BOTTOM, IS THAT CORRECT?
A: YES.
Q: WHICH — IS THAT WHERE YOU SAW THE MOTOR HOME LEAVE OR WAS IT ANOTHER ONE?
A: THAT’S WHERE WE SAW IT LEAVE.
Q: LOOKING AT THAT DIAGRAM, CAN YOU TELL WHICH IS NORTH AND WHICH IS SOUTH?
A: WELL, IT OCCURS TO ME THAT THAT WOULD BE THE SOUTH SIDE, AND THIS WOULD BE THE NORTH SIDE.
Q: AND WHEN YOU WERE POINTING, YOU WERE POINTING TO THE UPPER PART.
A: THE TOP WOULD BE THE SOUTH SIDE; THE BOTTOM WOULD BE THE NORTH SIDE.
MR. BOYCE: THANK YOU.
THE COURT: ALL RIGHT.
ANYTHING FURTHER?
(NO RESPONSE.)
THE COURT: ALL RIGHT. THIS WITNESS TO BE EXCUSED?
MR. DUSEK: I’M SORRY. I’M SORRY.
THE COURT: ALL RIGHT.

REDIRECT EXAMINATION
BY MR. DUSEK:
Q: MA’AM, BECAUSE OF YOUR MEDICAL CONDITION, —
A: M-HM.
Q: — DO YOU GO OUTSIDE THE MOTOR HOME?
A: NOT VERY OFTEN.
Q: THE WEEKEND THAT WE’RE TALKING ABOUT, WERE YOU INSIDE THE MOTOR HOME MOST OF THE TIME?
A: ALL DAY.
MR. DUSEK: THANK YOU.
THE COURT: ALL RIGHT.
ANYTHING FURTHER, MR. BOYCE?
MR. BOYCE: NO, YOUR HONOR.
THE COURT: ALL RIGHT.
MA’AM, YOUR TIME WITH US IS DONE. PLEASE REMEMBER YOU’RE UNDER AN ADMONITION NOT TO DISCUSS YOUR TESTIMONY WITH ANYONE UNTIL THE MATTER IS CONCLUDED.
THE WITNESS: OKAY. THANK YOU.
THE COURT: ALL RIGHT. YOU’RE WELCOME TO GO.
(THE WITNESS WAS EXCUSED.)
THE COURT: ALL RIGHT. MR. DUSEK.
MR.DUSEK: OLEN GOLDEN.

OLEN W. GOLDEN,
CALLED AS A WITNESS BY THE PLAINTIFF, HAVING BEEN DULY SWORN, TESTIFIED AS FOLLOWS:
THE CLERK: SIR, WOULD YOU PLEASE STATE YOUR NAME AND SPELL IT FOR THE RECORD.
THE WITNESS: MY NAME IS OLEN W. GOLDEN. THAT’S SPELLED
O-L-E-N G-O-L-D-E-N.

DIRECT EXAMINATION
BY MR. DUSEK:
Q: HOW ARE YOU EMPLOYED, MR. GOLDEN?
A: I’M EMPLOYED WITH THE CALIFORNIA DEPARTMENT OF PARKS AND RECREATION.
Q: IN WHAT CAPACITY?
A: I’M A STATE PARK RANGER.
Q: HOW LONG HAVE YOU BEEN WITH THE STATE?
A: AS A PARK RANGER?
Q: SURE.
A: OVER SEVENTEEN YEARS.
Q: DO YOU HAVE ANY RESPONSIBILITY FOR SILVER STRAND STATE BEACH?
A: YES.
Q: WHAT RESPONSIBILITY?
A: I’M RESPONSIBLE FOR THE OPERATION OF THE CAMPGROUND, THE DAY USE OPERATIONS, ENDANGERED SPECIES, AND MAKING SURE THE PUBLIC HAS A SAFE ENVIRONMENT.
Q: HOW LONG HAVE YOU BEEN ASSIGNED DOWN THERE?
A: FOR THE LAST THREE YEARS.
Q: I WOULD LIKE TO DIRECT YOUR ATTENTION BACK TO FEBRUARY 2ND, THE YEAR 2002, A SATURDAY. WERE YOU ON DUTY DOWN THERE THAT DAY?
A: YES.
Q: WHAT TIME DOES THE PARK OPEN THAT TIME OF YEAR?
A: 8:00 O’CLOCK IN THE MORNING.
Q: WHAT TIME DO YOUR DUTIES START?
A: ON THAT PARTICULAR DAY AT 9:30 IN THE MORNING.
Q: AND DURING THAT PERIOD OF TIME, THAT SATURDAY, WHAT WERE YOUR RESPONSIBILITIES?
A: THE SAME AS I DESCRIBED.
Q: ARE THERE OTHER RANGERS AND EMPLOYEES ON CALL OR WORKING THAT WEEKEND?
A: YES.
Q: HOW MANY?
A: I DON’T KNOW.
Q: DO YOU REMEMBER THE NAMES OF ANY OF THEM?
A: YES.
Q: WHO?
A: RANGER BOB MURPHY OR ROBERT MURPHY. RANGER BRIAN NEILL. VOLUNTEER CAMP HOST ALAN BERT RAYMOND.
Q: WHAT IS A CAMP HOST?
A: A CAMP HOST IS A NON-PAID VOLUNTEER THAT ASSISTS US IN OPERATIONS OF THE CAMPGROUND.
Q: CAN YOU EXPLAIN TO US FIRST OF ALL HOW MUCH DOES IT COST TO USE THE FACILITIES THERE.
A: FOR CAMPING?
Q: YES.
A: THE PRICES ON THAT DAY WERE $12.00 FOR THE REGULAR PRICE FOR A CAMPER, AND $10.00 FOR SENIORS, AND DISABLED VETERANS WERE FREE, AND THOSE WITH DISABLED DISCOUNT PASSES WERE FIFTY PER CENT OF THE REGULAR PRICE.
Q: AND HOW DO THE PEOPLE THAT COME IN AND WANT TO USE THE FACILITIES PAY?
A: FOR CAMPING?
Q: YES.
A: IT’S A SELF-REGISTRATION DURING THAT PERIOD OF WHAT WE CALL THE OFF SEASON, SO THEY WOULD PULL IN WITH THEIR SELF-CONTAINED MOTOR VEHICLE WHICH IS DESCRIBED AS A TRAILER OR R.V. ONCE THEY CAME INTO THE ENTRANCE OF THE PARK, THEY WOULD PASS THROUGH THE AREA THAT WE CALL LOT NUMBER FOUR, WHICH IS THE CAMPGROUND. AND ONCE THEY PASS THROUGH THE CAMPING AREA, THEY WOULD BE GREETED BY THE PAID STAFF SUCH AS MYSELF OR THE VOLUNTEER CAMP HOST WOULD PROVIDE THEM WITH INFORMATION AND TELL THEM HOW TO REGISTER.
Q: HOW DO YOU REGISTER?
A: YOU DRIVE IN AND YOU WOULD PICK AN EMPTY PARKING SPACE THAT WE CALL THE CAMPSITES THAT ARE NUMBERED. AND IF IT WASN’T OCCUPIED WITH ANOTHER RECREATIONAL VEHICLE OR A CONE SAYING THAT THE PERSON WAS GONE INTO TOWN TO GO BUY GROCERIES, YOU WOULD PARK YOUR VEHICLE AND THEN WALK BACK TO THE CAMP HOST OR THE CAMPGROUND OFFICE, AND YOU WOULD GAIN ACCESS TO A REGISTRATION ENVELOPE, AND YOU WOULD FILL IT OUT YOURSELF AND THEN PUT IN THE PROPER FEES, AND THEN YOU WOULD DEPOSIT IT IN WHAT WE CALL THE IRON RANGER, WHICH IS A METAL CANISTER THAT’S LOCKED.
Q: WHAT TYPE OF PAYMENT DO YOU TAKE?
A: TWO TYPES. WE TAKE A U. S. CURRENCY AND ALSO PERSONAL CHECKS.
Q: ON THIS DATE, THE 2ND OF FEBRUARY, DID YOU HAVE ANY RESPONSIBILITY FOR COUNTING THE MONEY, COUNTING THE RECEIPTS?
A: YES.
Q: WHEN DO YOU DO THAT?
A: WHEN DID I DO THAT?
Q: YES.
A: RANGER BRIAN NEILL AND I WERE RIDING TOGETHER IN THE RANGER VEHICLE, SO WE ARRIVED ABOUT APPROXIMATELY 2:20 IN THE AFTERNOON ON THAT DAY TO THE CAMPGROUND.
Q: HOW CAN YOU TELL US 2:20?
A: I LOOKED AT MY WATCH.
Q: ALL RIGHT.
WHAT DID YOU DO?
A: I ASKED RANGER BOB MURPHY WHAT DO YOU WANT ME TO DO BECAUSE HE WAS ALREADY INSIDE THE CAMPGROUND OFFICE. AND HE SAID, WELL, YOU CAN START HELPING TO COUNT THE ENVELOPES. SO THE ENVELOPES WERE ALREADY OUT. SO I GATHERED THEM UP TO A NEARBY DESK INSIDE THAT LITTLE OFFICE AND BEGAN TO OPEN THEM UP.
Q: LET ME DIRECT YOUR ATTENTION TO THE PHOTO DISPLAY BOARD WE HAVE BEHIND YOU, COURT’S EXHIBIT 65, LABELED AT THE TOP “SILVER STRAND STATE BEACH PARK.” DO YOU RECOGNIZE WHAT WE HAVE DEPICTED HERE?
A: YES.
Q: PHOTOGRAPH A. IS THAT THE SILVER STRAND PARK?
A: THAT’S PART OF IT.
Q: ALL RIGHT.

WHAT PART OF IT IS IT?
A: THAT WOULD BE THE WEST SIDE OF STATE HIGHWAY 75 JUST SOUTH OF THE NAVY, U. S. NAVY HOUSING, RESIDENTIAL HOUSING, AND NORTH OF THE NAVAL RADIO RECEIVING FACILITY BORDERING IMPERIAL BEACH.
Q: WHERE IS THE OTHER PART?
A: IT EXTENDS — THE SOUTH DUNES, WHICH IS WHERE OUR ENDANGERED SPECIES ARE, AND ALSO EXTENDS UNDER THE PEDESTRIAN TUNNELS TO THE BAY SIDE AND TO THE NORTH FORTY ACRES, WHICH IS THE NATURE TRAIL.
Q: THE PART WE HAVE DEPICTED ON PHOTOGRAPH A ON EXHIBIT 65, IS THAT THE ONLY AREA FOR OVERNIGHT CAMPING?
A: YES.
Q: DO YOU SEE THE ENTRANCE FOR THIS FACILITY ON PHOTOGRAPH A?
A: TO THE CAMPGROUND?
Q: YES.
A: YES.
Q: COULD YOU POINT IT OUT FOR US AND DESCRIBE WHERE IT’S LOCATED?
A: IT’S LOCATED WHAT WE CALL THE PARK ROAD THAT COMES FROM THE VERY SOUTH ENTRANCE AREA TO THE DRIVEWAY OF LOT NUMBER FOUR, WHICH IS THE — CONSIDERED THE CAMPGROUND.
Q: NOW, THE ENTRANCEWAY IS TO THE TOP OF THAT PHOTOGRAPH, IS THAT CORRECT?
A: YOU’RE REFERRING HERE?
Q: NO. THE INITIAL ENTRANCE INTO THE —
A: YES.
Q: — PARK.
A: YES.
Q: IS THERE AN OFFRAMP OFF OF THE SILVER STRAND THERE?
A: THERE’S AN OFFRAMP.
Q: IS IT IDENTIFIED OR MARKED IN ANY SORT OF WAY?
A: YES.
Q: HOW?
A: IT’S MARKED BY A CAL. TRANS. HIGHWAY SIGN, AND IT SAYS CORONADO CAYS BOULEVARD.
Q: AND THE PARK IS ON THE WEST SIDE OF THE ROAD?
A: YES.
Q: WHAT’S ON THE EAST SIDE OF THE ROAD?
A: IT’S WHAT WE CONSIDER THE BAY SIDE OF THE PARK. IT’S PART OF THE DAY USE OPERATIONS WHERE PEOPLE CAN COME IN AND SWIM AND RECREATE.
Q: HOW ABOUT THERE AT THE OFFRAMP, WHAT IS ON THE EAST SIDE OF THE ROAD?
A: AT THE ENTRANCE?
Q: YES.
A: THAT WOULD BE THE CORONADO CAYS RESIDENTIAL COMMUNITY.
Q: ONCE YOU COME IN THROUGH THE ENTRANCEWAY, THE VERY ENTRANCEWAY, YOU THEN DRIVE DOWN TO THE CAMPING FACILITY AREA?
A: IF YOU’RE GOING TO CAMP, YES.
Q: AND DO YOU SEE THE BUILDINGS THAT YOU WORK OUT OF IN PHOTOGRAPH A?
A: YES.
Q: WHERE ARE THEY? WOULD YOU POINT THEM OUT, PLEASE.
A: THE CAMPGROUND OFFICE IS CONSIDERED BY SOME A SHED, BUT WE CALL IT THE OFFICE.
Q: GOOD STATE FUNDING?
LET ME GIVE YOU A GREEN FELT PEN AND CIRCLE YOUR OFFICE IF YOU WOULD, PLEASE.
A: THE CAMPGROUND?
Q: YES.
A: (THE WITNESS COMPLIED.)
THE COURT: THIS JUST MEANS NOW WE’RE GOING TO HEAR FROM STATE REPRESENTATIVES.
MR. DUSEK: THANK YOU, SIR.
/ / /
BY MR. DUSEK:
Q: THERE APPEARS TO BE ANOTHER BUILDING TO THE TOP OF WHERE YOU CIRCLED YOUR OFFICE. IT APPEARS TO BE MORE OF A PERMANENT STRUCTURE. WHAT IS THAT?
A: THAT’S A RESTROOM AND DRESSING FACILITY.
Q: DESCRIBE HOW YOU WENT ABOUT COUNTING THE FUNDS.
A: I ACQUIRED ALL THE 302’S, WHICH ARE ENVELOPES THAT ARE USED FOR PAYMENT AND REGISTERING YOUR CAMPSITES. AND I TOOK A WOODEN CUTTING BOARD WITH A CUTTING BLADE, AND I CUT IT — LIKE THE ROUTINE, WE CUT THE BOTTOM SO WE CAN LEAVE THE TOP TO WRITE. SO I CUT THEM ALL OFF. AND THEN I OPENED EACH INDIVIDUAL ONE, BEING CAREFUL NOT TO MAKE — ALLOW ANY CHANGE, LIKE COINS, TO FALL OUT.
AS I PULLED OUT EACH ONE, I LOOK AT THE FRONT OF THE ENVELOPE, AND I IDENTIFY HOW MUCH THE PERSON IS PAYING. AND THEN I COUNT THE CURRENCY INSIDE, AND I TAKE — MY ROUTINE IS TO TAKE A FELT RED PEN AND THEN I MARK HOW MUCH MONEY CAME OUT OF IT, THAT COINCIDES WITH PAYMENT. AND THEN I STACK ALL THE CURRENCY, ONES, FIVES, TENS, TWENTIES, FIFTIES, AND HUNDREDS.
Q: WHILE YOU WERE DOING THAT ON THIS SATURDAY, DID YOU NOTICE ANYTHING UNUSUAL?
A: YES.
Q: WHAT?
A: WELL, I NOTICED THAT THERE WAS AN OVERPAYMENT ON ONE ENVELOPE.
Q: HOW COULD YOU TELL?
A: WELL, WHEN I PULLED OUT THE CURRENCY, I PULLED OUT, PULLED IT OUT, AND INDIVIDUALLY COUNTED EACH BILL, U. S. BILL. AND THEN I LOOKED AT THE ENVELOPE, AND IT DIDN’T MATCH.
Q: HOW SO?
A: WELL, THE ENVELOPE WAS MARKED $24.00. WHOEVER FILLED IT OUT. AND THEN THE AMOUNT THAT I PULLED OUT WAS FIFTY-FOUR.
Q: IN WHAT DENOMINATIONS?
A: FIFTY-DOLLAR BILL U. S. CURRENCY AND THEN FOUR ONE-DOLLAR BILLS U. S. CURRENCY.
Q: ON THESE ENVELOPES THAT THE MONEY COMES OUT OF, ARE THERE ANY NAMES TO IDENTIFY WHO IS PUTTING THE MONEY IN THERE?
A: YES.
Q: WAS THERE IN THIS CASE?
A: THERE WAS A WRITING IN THE AREA WHERE IT DESCRIBES NAME.
Q: DO YOU REMEMBER WHAT IT SAID?
A: PARTIALLY.
Q: WHAT?
A: I READ WESTFIELD AND SOME KIND OF WRITING IN BETWEEN, BUT I COULDN’T READ IT.
Q: WHY NOT?
A: PEOPLE HAVE DIFFERENT STYLES OF WRITING. I DIDN’T UNDERSTAND THAT ONE.
Q: SO THAT WAS AN OVERPAYMENT?
A: YES.
Q: BY HOW MUCH?
A: THIRTY DOLLARS.
Q: WHAT DID YOU DO?
A: I TOOK OUT A TWENTY AND A TEN IN U. S. CURRENCY, AND I PUT IT TO THE SIDE AND LAID IT WITH THE ENVELOPE ON THE FLOOR.
Q: WHY DID YOU DO THAT?
A: BECAUSE IT WAS IMPORTANT TO RETURN THAT MONEY BECAUSE THEY COULD HAVE WANTED CHANGE.
Q: SO THAT WAS YOUR INTENTIONS?
A: YES.
Q: DID YOU DO THAT?
A: NO.
Q: WHY NOT?
A: I FORGOT.
Q: DID YOU FINALLY DO ANYTHING ABOUT THE RETURNING OF THE OVERPAYMENT?
A: I DIDN’T.
Q: DID YOU TELL SOMEBODY TO?
A: YES.
Q: TELL US ABOUT THAT.
A: WELL, I COLLECTED ALL THE REVENUE, ALL THE MONEY THAT CAME OUT OF ALL THE ENVELOPES. AND I WAS GOING TO WALK IT OVER TO THE OFFICE SO THAT WE WOULDN’T GET ROBBED OR SOMETHING. SO AS I GOT HALFWAY ACROSS TO THAT BATHROOM, I GOT A RADIO CALL ON MY WALKIE-TALKIE OR HANDY-TALKIE, AND IT WAS RANGER BRIAN NEILL. HE SAID WHAT DO YOU WANT ME TO DO WITH THAT MONEY.
Q: WHAT DID YOU TELL HIM?
A: I GOT EMBARRASSED I FORGOT THE MONEY, AND HE’S A NEW GUY, SO I RADIOED HIM AND SAID, OH, YEAH. AND HE SAID DO YOU WANT ME TO RETURN IT, AND I SAID PLEASE.
Q: WERE YOU HIS TRAINING OFFICER?
A: YES.
Q: SO YOU TOLD HIM TO DO THE RETURNING?
A: YES.
Q: WERE YOU PRESENT WHEN THE MONEY WAS RETURNED?
A: NO.
Q: DID YOU SEE ANY OF THAT?
A: NO.
Q: DID YOU SEE THE PERSON THAT HAD MADE THE OVERPAYMENT?
A: NO.
Q: DID YOU SEE ANY VEHICLE THAT THAT PERSON MAY HAVE BEEN ASSOCIATED WITH?
A: NO.
Q: WHAT WAS THE NEXT THING THAT YOU HAD TO DO WITH THIS CASE, WITH THAT MONEY?
A: WELL, BY THE TIME I WALKED TO THE — OUR REAL OFFICE, THE OTHER RANGERS, BOB MURPHY IN HIS RANGER VEHICLE, AND BRIAN NEILL IN HIS VEHICLE, THEY GOT THERE BEFORE I DID.
Q: AND THEN WHAT HAPPENED?
A: WE ALL WENT INTO THE OFFICE TO THE COMPUTER WHERE WE DO OUR REVENUE ACCOUNTING, AND IT’S LIKE A QUICKEN PROGRAM SORT OF. AND WE WENT AHEAD AND ACCOUNTED FOR THE MONEY.
Q: HAD THE MONEY ALREADY BEEN RETURNED AT THAT POINT?
A: YEAH.
MR. DUSEK: ALL RIGHT.
THANK YOU, SIR.
THE COURT: ALL RIGHT.
CROSS-EXAMINATION.
(DISCUSSION OFF THE RECORD BETWEEN MR. FELDMAN
AND MR. BOYCE.)
/ / /
CROSS-EXAMINATION
BY MR. FELDMAN:
Q: GOOD AFTERNOON, SIR.
A: GOOD AFTERNOON.
Q: BEFORE YOU CAME TO COURT DID ANYBODY GIVE YOU THE OPPORTUNITY TO REVIEW ANY STATEMENTS YOU MAY HAVE MADE PRIOR TO COMING TO COURT?
A: YES.
Q: WHAT HAVE YOU REVIEWED?
A: I REVIEWED A ONE-PAGE DOCUMENT THAT WAS GIVEN BY THE PROSECUTOR.
Q: WAS THAT JUST SHORTLY BEFORE YOU CAME IN TODAY?
A: YES.
Q: AND THAT ONE-PAGE DOCUMENT WAS ACTUALLY A POLICE REPORT PREPARED THEORETICALLY MEMORIALIZING YOUR STATEMENT, IS THAT RIGHT, SIR?
A: YES.
Q: DID YOU REVIEW THE REPORT TO INSURE IT WAS ACCURATE?
A: YES.
Q: WAS IT ACCURATE?
A: YES.
Q: DIDN’T FIND ANY MISLEADING STATEMENTS?
A: NO.
Q: NO OMISSIONS?
A: NO.
Q: NO MISTAKES?
A: NOT THAT I CAN RECALL.
Q: WHAT TIME DOES THE STRAND CLOSE?
MR. DUSEK: OBJECTION. VAGUE AS TO WHEN.
THE COURT: MAKE IT TIME-SPECIFIC.
MR. FELDMAN: SORRY.
BY MR. FELDMAN:
Q: SPECIFICALLY DIRECTING YOUR ATTENTION TO FEBRUARY OF THIS YEAR, WHAT TIME DID THE STRAND CLOSE?
A: WHAT TIME IS IT SCHEDULED?
Q: YES.
TO CLOSE, SIR.
A: TO CLOSE AT 7:00 P.M.
Q: NOW, DIRECTING YOUR ATTENTION TO THE CHART THAT’S BEHIND YOU AT 65, IT’S EXHIBIT NUMBER 65, SIR, EACH OF THESE SLOTS IS INDIVIDUALLY NUMBERED, ISN’T IT?
A: YES.
Q: CAN YOU TELL ME IS THERE A NUMBER 72?
A: YES.
Q: CAN YOU POINT IT OUT FOR US?
A: NO.
Q: BECAUSE?
A: I JUST DON’T MEMORIZE THEM.
Q: ALL RIGHT.
DO THE — BUT I GUESS WE CAN’T SEE IN THE PICTURE THE NUMBERS, BUT THE — I GUESS THE PARKING SPACES ARE INDIVIDUALLY NUMBERED, AREN’T THEY?
A: YES.
Q: SO WHEN YOU’RE DRIVING UP, YOU KNOW YOU’RE SUPPOSED TO GET THE SPOT YOU WANT FIRST AND THEN GO BACK AND PAY.
A: RIGHT.
Q: IS THAT GENERALLY WHAT PEOPLE DO?
A: NO.
Q: WHAT USUALLY HAPPENS?
A: THEY USUALLY PICK OUT THE SPOT AND PAY, BUT THERE ARE SOME EXCEPTIONS.
Q: YOU’RE A PARK RANGER, RIGHT?
A: YES.
Q: DO YOU WEAR GREEN ON THE JOB?
A: MY PANTS.
Q: OKAY.
AND DO I — BY CHOICE ARE YOU ASSIGNED TO THE STRAND?
MR. DUSEK: OBJECTION. RELEVANCY.
THE COURT: SUSTAINED.
YOU NEED NOT ANSWER.
BY MR. FELDMAN:
Q: WITH REGARD TO YOUR ASSIGNMENT, SIR, AND SPECIFICALLY WITH REGARD TO YOUR ASSIGNMENT ON THE 1ST, 2ND, AND 3RD OF FEBRUARY, YOU TOLD US YOU WERE A TRAINING OFFICER. RIGHT?
A: YES.
Q: WAS THERE ANYTHING UNUSUAL BY WAY OF I’LL SAY TRAFFIC AT THE STRAND, THAT DID IT SEEM LIKE IT WAS ORDINARY, DID IT SEEM LIKE IT WAS MORE THAN YOU WOULD EXPECT? HOW WAS IT, IF YOU RECALL?
A: ORDINARY.
Q: WHAT’S ORDINARY IN YOUR DEFINITION?
A: THAT THERE’S NOT SCREAMING PARK VISITORS AT THE ENTRANCE DEMANDING TO BE LET IN AND THERE’S NOT PEOPLE DRIVING UP TO BE ASKING FOR CAMPSITES WHEN WE DON’T HAVE NO MORE.
Q: AND THAT HAPPENS?
A: YES, SIR.
Q: IN FACT, DO YOU PREPARE OR KEEP RECORDS TO REFLECT WHO’S WHERE IN ANY MANNER? DO YOU UNDERSTAND WHAT I’M ASKING YOU, SIR?
A: NO. I DON’T UNDERSTAND.
Q: JUST WITH REGARD TO YOU TOLD US YOU DID SOME BOOKKEEPING, FOR INSTANCE, BUT I’M WONDERING ABOUT RECORDKEEPING. DO YOU GENERATE OR RETAIN ANY RECORDS THAT WOULD ALLOW US TODAY TO RECONSTRUCT THE TRAFFIC SITUATION AT THE STRAND ON FEBRUARY 2
A: WHEN YOU SAY TRAFFIC, DO YOU MEAN THE CAMPERS?
Q: YES, SIR.
A: YES.
Q: AND IS THAT — DOES THAT DOCUMENT HAVE A PARTICULAR NAME?
A: IF I CAN RECALL, WE CALL IT THE — I CAN’T THINK OF THE NAME.
Q: IS IT CALLED — WELL, LET ME ASK YOU THIS: WERE YOU ASKED TO BRING WITH YOU THAT PARTICULAR — WELL, LET ME WITHDRAW. I’M SORRY. I’M DERAILED HERE FOR A SECOND. I’M SORRY.
A: THAT’S FINE.
Q: WITH REGARD TO THE PARTICULAR RECORDKEEPING THAT WOULD ALLOW US TODAY TO KNOW WHAT FEBRUARY 2ND LOOKED LIKE IN TERMS OF TRAFFIC, YOU DON’T RECALL THE DOCUMENT, WHAT THE DOCUMENT’S CALLED, IS THAT RIGHT, SIR?
A: IT’S — I GOT A BLANK. I CAN’T REMEMBER THE NAME. BUT IT’S A DOCUMENT, YES.
Q: IT’S PREPARED IN THE ORDINARY COURSE OF YOUR BUSINESS, IS THAT RIGHT?
A: YES.
Q: AND THE PURPOSE OF PREPARING IT IS SO YOU CAN TRACK I GUESS THE TRAFFIC FLOW AT THE STRAND, IS THAT RIGHT?
A: YES.
Q: AND THAT’S PART OF YOUR REQUIREMENTS AS A RANGER.
A: YES.
Q: SO THAT I GUESS THE STATE CAN MAKE APPROPRIATE BUDGET AND ASSIGN PARTICULAR NUMBERS OF INDIVIDUALS TO COVER THE AREA. IS THAT A FAIR STATEMENT?
A: I DON’T KNOW THAT ANSWER.
Q: ALL RIGHT.
WITH REGARD TO FEBRUARY 2ND AND FEBRUARY 3RD, DO YOU KNOW WHETHER OR NOT ANY SUCH DOCUMENT EXISTS OR EXISTED?
A: YES.
Q: DOES IT?
A: YES.
Q: DO YOU KNOW WHERE IT IS?
A: I BELIEVE THE DETECTIVE MORRIS WAS THE LAST PERSON THAT HAD THAT.
Q: OKAY.
SO IT’S YOUR RECOLLECTION THAT YOU GAVE A COPY TO DETECTIVE MORRIS, IS THAT RIGHT, SIR?
A: I DON’T RECALL IF IT WAS COPY. I THINK IT WAS THE ORIGINAL.
Q: ALL RIGHT.
DID YOU RETAIN A COPY?
A: YES.
Q: DO YOU KNOW WHERE THE COPY IS?
A: IT SHOULD BE IN OUR ARCHIVES FOR THE DISTRICT.
Q: I’M SORRY. ARCHIVES FOR THE WHAT?
A: THE DISTRICT. IT WOULD BE LIKE OUR HEADQUARTERS.
Q: WHEN I WAS ASKING YOU ABOUT THE TRAFFIC AT THE STRAND BEACH, WHAT I’M REALLY WONDERING IS IS THERE AN AVERAGE NUMBER OF WE’LL SAY MOTOR HOMES OR R.V.’S THAT YOU WOULD EXPECT TO SEE HYPOTHETICALLY IN FEBRUARY OF ANY GIVEN YEAR.
A: WE WOULD SEE LESS DURING THE OFF SEASON LIKE WINTERTIME THAN WE WOULD SUMMER. AND SUMMERS ARE MORE THAN FALL AND SPRING. IT JUST DEPENDS ON THE WEATHER.
Q: OKAY.
SO IT’S A DAY-TO-DAY PROPOSITION, DEPENDING ON WHAT THE WEATHER IS, IS THAT RIGHT?
A: THAT’S ONE OF THE CRITERIA.
Q: IS IT ALSO THE CASE THAT PEOPLE SOMETIMES CHECK IN AND LEAVE ON THE VERY SAME DAY?
A: YES.
Q: AND PEOPLE MIGHT CHECK IN AND PAY FOR TWO DAYS, SAY, AND LEAVE THAT VERY SAME DAY ANYWAY. THAT HAPPENS, DOESN’T IT?
A: YES.
Q: IN FACT, IT’S AN INDIVIDUAL’S DECISION AS TO WHETHER OR NOT THEY ARE GOING TO STAY FOR THE AMOUNT OF TIME THEY PAY, ISN’T THAT RIGHT?
A: YES.
Q: AND FROM TIME TO TIME PEOPLE DO COME AND GO, IS THAT A FAIR STATEMENT?
A: YES.
Q: SO IF HYPOTHETICALLY I WAS GOING TO GO TO YOUR STATE PARK AND PAY YOU FOR WE’LL SAY THREE DAYS, COULD I ARRIVE ONE DAY, LEAVE AND COME BACK THE NEXT?
A: TECHNICALLY, YES.
Q: BECAUSE I PREPAID FOR THE SPACE, IS THAT RIGHT?
A: YES.
Q: WITH REGARD TO MOTOR HOMES, IS IT THE CASE THAT WITH REGARD TO MOTOR HOMES PEOPLE WILL SOMETIMES PULL UP TO THE STRAND AND STAY THERE AND NOT EVEN GET OUT OF THEIR MOTOR HOMES FROM TIME TO TIME?
A: I DON’T KNOW.
Q: BECAUSE YOU DON’T PAY ATTENTION TO PEOPLE’S COMINGS AND GOINGS IN THE MOTOR HOMES, RIGHT?
A: CORRECT.
Q: SOMETIMES PEOPLE PULL UP AND PULL THEIR CURTAINS, ISN’T THAT TRUE?
A: I DON’T KNOW.
Q: YOU DON’T PAY ATTENTION TO THAT EITHER AGAIN BECAUSE THAT’S AN INDIVIDUAL CHOICE, IS THAT RIGHT?
A: I JUST NEVER THOUGHT OF PAYING ATTENTION TO THAT.
Q: NOT PART OF YOUR DUTIES, RIGHT?
A: CORRECT.
Q: WITH REGARD TO THE MOTOR HOME THAT MAY HAVE OVERPAID, DID YOU EVER GO TO THAT MOTOR HOME?
A: NO.
Q: DO YOU REMEMBER IT PULLING IN?
A: NO.
Q: DO YOU REMEMBER IT CHECKING OUT?
A: NO.
Q: AROUND THE TIME THAT DETECTIVE MORRIS CAME TO YOU, DO YOU REMEMBER WHETHER OR NOT THERE WAS ANY PUBLICITY ABOUT A MISSING GIRL?
A: WHEN HE CAME ABOUT WHEN?
Q: WHEN DETECTIVE — YOU TOLD US THAT DETECTIVE MORRIS HAD THE ORIGINAL OF THE FORM. AROUND THE TIME YOU FIRST SAW DETECTIVE MORRIS, DO YOU REMEMBER WHETHER THERE WAS ANY PUBLICITY ABOUT A MISSING CHILD?
A: YES.
Q: WAS THERE?
A: YES.
Q: AND DO YOU RECALL HOW INTENSE THAT PUBLICITY WAS?
A: YOU COULDN’T MISS IT WHEREVER YOU WENT ON T.V.
Q: IN THE NEWSPAPERS?
A: YES.
Q: ALL OVER SAN DIEGO?
A: YES.
Q: POSTERS?
A: YES.
Q: AND DETECTIVE MORRIS, HE CAME TO YOU ON OR ABOUT WHAT, THE 5TH OF FEBRUARY, IS THAT RIGHT, SIR?
A: I DON’T RECALL.
Q: WOULD REFRESHING — DO YOU THINK LOOKING AT THE REPORT THAT THE PROSECUTOR GAVE YOU MIGHT REFRESH YOUR MEMORY AS TO THE DATE YOU HAD THE COMMUNICATION WITH THE DETECTIVE?
A: IT HAS REFRESHED MY MEMORY ALREADY.
Q: OKAY.
LET ME ASK IT AGAIN. DO YOU RECALL WAS IT EITHER THE 4TH OR THE 5TH OF FEBRUARY THAT YOU SPOKE WITH DETECTIVE MORRIS?
A: IT WAS THE 4TH OF FEBRUARY.
Q: ALL RIGHT.
AND DO YOU RECALL ABOUT WHAT TIME IN THE DAY OR NIGHT IT WAS THAT YOU SPOKE WITH HIM?
A: IT WAS DURING RUSH HOUR, GOING HOME. ABOUT LIKE 4:30 IN THE AFTERNOON OR 4:00.
Q: HOW COME YOU RECALL IT WAS RUSH HOUR?
A: BECAUSE I GOT STUCK IN TRAFFIC ON 15.
Q: THAT WOULD REFRESH YOUR RECOLLECTION, HUH?
WERE YOU HEADED TO THE POLICE DEPARTMENT; WERE YOU TALKING TO HIM ON THE TELEPHONE; HOW DID THAT GO, SIR?
A: WHERE WAS I HEADING THAT TIME ON INTERSTATE 15?
Q: YOU TOLD US YOU WERE HEADED HOME, AND NOW YOU ARE STUCK IN TRAFFIC. I UNDERSTAND THAT. HOW IS IT AT THAT CIRCUMSTANCE, THAT POINT, YOU ARE ABLE TO MAKE CONTACT WITH DETECTIVE MORRIS?
A: I HAD A PHONE MESSAGE AT MY HOUSE FROM MY SUPERVISOR.
Q: SO YOU HAD TO GET HOME FIRST?
A: YES.
Q: WHEN YOU GOT HOME, WHAT HAPPENED?
A: THE ANSWERING MACHINE WAS BEEPING, SO I THOUGHT I BETTER GO CHECK IT.
Q: ALL RIGHT.
YOU DID SO I TAKE IT.
A: YES.
Q: YOU HAD A MESSAGE FROM DETECTIVE MORRIS?
A: NO.
Q: HAD A MESSAGE FROM SOMEBODY.
A: MY SUPERVISOR.
Q: OKAY.
DID YOU RESPOND TO YOUR SUPERVISOR’S CALL?
A: YES.
Q: DID HE COMMUNICATE — I’M NOT ASKING YOU TO TELL ME WHAT HE TOLD YOU, BUT HE COMMUNICATED SOMETHING TO YOU, IS THAT RIGHT?
A: YES.
Q: AS A RESULT OF WHAT HE COMMUNICATED TO YOU, DID YOU TELEPHONE DETECTIVE MORRIS?
A: YES.
Q: AND DID YOU ULTIMATELY EITHER GO TO DETECTIVE MORRIS OR HAVE HIM COME TO YOU?
A: NEITHER.
Q: DID YOU MAKE PERSONAL CONTACT WITH DETECTIVE MORRIS?
A: ON THE PHONE.
Q: OKAY.
THAT WAS IT?
A: YES.
Q: NOTHING FACE TO FACE LIKE WE ARE?
A: DAYS LATER, YES.
Q: HOW MANY DAYS LATER?
A: I CAN’T RECALL.
Q: SO SOME DAYS LATER DETECTIVE MORRIS CAME TO YOU, IS THAT RIGHT?
A: I CAN’T RECALL.
Q: WELL, YOU TOLD ME JUST A MOMENT AGO YOU HAD CONTACT FACE TO FACE WITH DETECTIVE MORRIS. RIGHT?
A: YES.
Q: THAT WAS SOME DAYS LATER?
A: YES.
Q: YOU DON’T REMEMBER HOW MANY DAYS?
A: I CAN’T RECALL.
Q: WHERE WAS THE CONTACT; WHERE DID IT HAPPEN?
A: OLD TOWN SAN DIEGO STATE HISTORIC PARK.
Q: HAD YOU PLANNED — AS A PARK RANGER, DO YOU ALSO HAVE THAT AS ONE OF YOUR ASSIGNMENTS, SIR?
A: YES.
Q: IS THAT ONE OF THE PERKS OF THE JOB?
A: YES.
Q: SO IS IT THE CASE THAT DETECTIVE MORRIS CAME AND SAW YOU IN OLD TOWN THEN?
A: YES.
Q: DID HE SHOW YOU ANY PHOTOS?
A: NO.
Q: DID YOU AND HE DISCUSS YOUR OBSERVATIONS AND YOUR ACTIVITIES OF FEBRUARY THE 2ND?
A: NO.
Q: WHAT WAS THE PURPOSE OF THE COMMUNICATION AS FAR AS YOU UNDERSTOOD?
A: THAT HE WANTED TO SEE RANGER BRIAN NEILL.
Q: OH. YOU HAD ARRANGED AT OLD TOWN, THEN, TO HAVE MR. NEILL WITH YOU?
A: YES.
Q: AND TO THE BEST OF YOUR KNOWLEDGE, IS THAT THE DATE THAT — WELL, WERE YOU PRESENT WHEN MR. NEILL WAS TALKED TO, IF HE WAS, OR DO YOU KNOW?
A: I WAS IN THE GENERAL AREA. I WASN’T PART OF THE CONVERSATION.
Q: SIR, WHEN YOU SAY YOU WERE IN THE GENERAL AREA, YOU MEAN YOU WERE IN THE SAME ROOM?
A: WE WERE OUTSIDE.
Q: HOW MUCH DISTANCE WOULD YOU ESTIMATE SEPARATED YOU AND MR. NEILL AND DETECTIVE MORRIS?
A: SIX FEET AT TIMES.
Q: IT WASN’T AS THOUGH THOSE TWO GENTLEMEN HAD BEEN TAKEN OFF OR WENT INTO A PRIVATE ROOM AND ENGAGED IN A PRIVATE COMMUNICATION.
A: NO.
Q: AND WHEN YOU SAY NO, YOU MEAN TO AGREE WITH ME THEY DIDN’T GO SOME PLACE PRIVATE.
A: YES. I AGREE WITH YOU.
Q: YOU TALKED ABOUT THIS NOTION OF SELF-REGISTRATION. COULD YOU ELABORATE A LITTLE BIT. WHAT DOES THAT MEAN?
A: IT MEANS THAT THERE’S NO EMPLOYEE OR VOLUNTEER THERE TO TAKE YOUR MONEY, SO YOU HAVE TO DO IT YOURSELF.
Q: OH. SO IT’S A TRUST ISSUE, IS THAT A FAIR STATEMENT?
A: YES.
Q: SO ARE YOU TELLING US, THEN, THAT SOMEBODY NAMED WESTERFIELD WROTE HIS NAME ON ONE OF THESE BROWN ENVELOPES, LISTED HIS HOME ADDRESS, AND PUT MONEY IN THE ENVELOPE?
A: ARE YOU ASKING ME DID I SAY THAT?
Q: NO. WELL, LET ME PUT IT A DIFFERENT WAY. IS IT EXPECTED THAT PEOPLE THAT CHECK IN AT THE STRAND AND WHO HONOR THE SELF-REGISTRATION SYSTEM WILL — THEY’RE GIVEN SOME KIND OF AN ENVELOPE, IS THAT RIGHT?
A: YES.
Q: ON THE ENVELOPE IT ASKS THEIR NAME, IS THAT RIGHT?
A: YES.
Q: THEIR ADDRESS.
A: NO.
Q: IT DOESN’T INDICATE — THEY DON’T MAKE THEIR HOME ADDRESS KNOWN?
A: NO.
Q: WHAT ABOUT THEIR LICENSE PLATE NUMBER?
A: YES.
Q: SO WHEN PEOPLE CHECK IN AND FOLLOW THE HONOR SYSTEM, NOT ONLY DO THEY WRITE THEIR NAMES, BUT THEY LEAVE THEIR LICENSE PLATE, IS THAT RIGHT?
A: YES.
Q: AND IS THERE ROOM FOR A — I’M JUST WONDERING WHAT INFORMATION DOES THE ENVELOPE CALL FOR? MAYBE I SHOULD JUST ASK YOU THAT.
A: WELL, IT CALLS FOR A NUMBER OF DIFFERENT THINGS BECAUSE IT’S A UNIVERSAL ENVELOPE. IT CAN BE USED FOR OTHER PARKS THAT HAVE BOATING AND STUFF. WHAT WE’RE LOOKING FOR IS JUST THE PERSON THAT’S REGISTERING, THEIR LAST NAME AND THEN WE ASK FOR THE DATE, BUT THE DATE’S NOT ALWAYS CORRECT. THE LICENSE NUMBER. WE ARE ASKING FOR THE LICENSE NUMBER OF THE SELF-CONTAINED VEHICLE WHICH IS LIKE THE TRAILER OR THE R.V., BUT NOT THE TRUCK THAT PULLS THE TRAILER. IT’S THE ONE THAT HAS THE BUILT-IN WATER, FRESH WATER AND BAD WATER. AND THEN WE’RE ASKING FOR PAYMENT AND HOW MUCH IT WAS AND HOW MANY DAYS THEY’RE CAMPING.
Q: SO IF A PERSON FOLLOWS THE HONOR SYSTEM, THEN, THEY WRITE THEIR NAME AND THEY AT LEAST GIVE YOU THEIR DRIVER’S — THE DRIVER’S LICENSE — I’M SORRY — THE LICENSE PLATE OF THE MOTOR HOME IF THEY’RE DRIVING A MOTOR HOME.
A: YES.
Q: NOW, YOU TOLD US THAT YOU REMEMBERED THAT ON AN ENVELOPE THAT YOU LOOKED AT THAT SEEMED TO HAVE AN OVERPAYMENT. YOU WERE REMEMBERING THE NAME. I DON’T KNOW THAT YOU EXACTLY SAID WESTERFIELD, BUT YOU SAID SOME VARIATION OF THAT. IS THAT A FAIR STATEMENT, SIR?
A: YES.
Q: DO YOU RECALL WHETHER OR NOT THAT ENVELOPE ALSO REFLECTED THE LICENSE PLATE?
A: YES.
Q: DID IT?
A: YES.
Q: DID YOU GIVE THAT TO DETECTIVE MORRIS, TOO?
A: YOU MEAN THE LICENSE PLATE OR —
Q: ANY INFORMATION THAT YOU HAD ON THE STRAND.
A: YES.
Q: YOU GAVE ALL OF THAT TO DETECTIVE MORRIS?
A: YES.
(DISCUSSION OFF THE RECORD BETWEEN MR. FELDMAN
AND MR. BOYCE.)
BY MR. FELDMAN:
Q: ONCE THE STRAND IS CLOSED, IS THERE SOME WAY IN WHICH IT’S COMMUNICATED TO THE GENERAL PUBLIC THAT IT’S CLOSED?
A: YES.
Q: HOW IS THAT?
A: BY A SIGN AT THE ENTRANCE THAT SAYS WHAT TIME WE OPEN AND CLOSE. BY THE CLOSING OF THE GATES. WE LOCK IT WITH A PADLOCK THAT’S A MASTER LOCK THAT’S ABOUT THAT BIG. AND THEN WE ALSO P.A. EVERYBODY AND TELL THEM WE’RE CLOSING. SO IT PRETTY MUCH COVERS IT.
Q: YOU HELD YOUR HANDS UP AND SAID ABOUT THAT BIG. I’M SORRY. WE HAVE A RECORD. CAN YOU JUST PUT IN WORDS THE SIZE OF THE LOCK YOU’RE TRYING TO COMMUNICATE.
A: IT’S PROBABLY THE BIGGEST MASTER LOCK THE COMPANY MASTER LOCK MAKES. IT’S ABOUT THE SIZE OF MY HAND. IT’S SO BIG THAT YOU JUST DON’T WANT TO DROP IT.
Q: IT’S SO BIG IF YOU DROP IT, IT COULD HURT YOU.
A: YES.
Q: AND THAT’S THE LOCK — WE HAVE POINTERS HERE, SIR. IF YOU COULD JUST — WHERE IS THAT AREA THAT’S LOCKED THAT YOU’VE JUST BEEN COMMUNICATING?
A: THAT LOCK WOULD GO ON THE GATE THAT’S APPROXIMATELY UP IN THIS AREA. THAT SEALS OFF WHERE VEHICLES CAN NO LONGER ENTER THE PARK OR EXIT.
Q: SIR, YOU SAID IN THIS AREA. I’VE GOT A CHOICE OF COLORS. HOW ABOUT RED. COULD YOU PLEASE PUT A CIRCLE ON THE AREA OF WHERE YOU’RE INDICATING THE LOCK GOES.
A: (THE WITNESS COMPLIED.)
Q: AND IF YOU COULD ALSO PUT YOUR INITIALS THERE SO WE REMEMBER WHO GAVE US THE O.
A: (THE WITNESS COMPLIED.)
Q: THANK YOU VERY MUCH.
AND YOU’VE NOW JUST — I HAVE TO DESCRIBE THIS FOR THE RECORD. I WANT YOU TO PLEASE MAKE SURE I’M ACCURATE. WHAT YOU’VE DONE IS WRITTEN IN RED ON 65-A TO THE RIGHT SIDE AN O TO CIRCLE THE AREA WHERE YOU PUT THE LOCKS. IS THAT RIGHT, SIR?
A: YES.
Q: AND THEY — IT APPEARS AS THOUGH YOU PUT — I’M SORRY — LOOKS LIKE A MIDDLE INITIAL, BUT IT’S O. —
A: W. G.
Q: FOR YOUR NAME.
A: YES.
Q: AND IS THIS THE AREA, THE AREA THAT YOU’VE CIRCLED, THAT’S THE ONLY WAY IN?
A: THE ONLY WAY LEGALLY.
Q: GET MANY ILLEGAL ENTRIES WITH MOTOR HOMES?
A: NO.
MR. DUSEK: OBJECTION. RELEVANCE.
THE COURT: THE ANSWER WAS NO. IT WILL STAND.
MR. FELDMAN: JUST PLEASE ONE MINUTE, YOUR HONOR.
(DISCUSSION OFF THE RECORD BETWEEN MR. FELDMAN
AND MR. BOYCE.)
BY MR. FELDMAN:
Q: SIR, DID YOU TELL US THAT WHEN YOU GOT TO WORK ON FEBRUARY THE 2ND IT WAS ABOUT 2:20, 2:30 IN THE AFTERNOON?
A: NO.
Q: WHAT TIME DID YOU GET TO WORK ON, IF YOU RECALL?
A: APPROXIMATELY 9:30 IN THE MORNING.
Q: ALL RIGHT.
AND WHAT TIME DID YOU START TO CHECK THE ENVELOPES, IF YOU RECALL?
A: APPROXIMATELY 2:20 P.M.
Q: YOU’RE SAYING APPROXIMATELY 2:20, BUT THAT SOUNDS PRETTY PRECISE. WHAT CAUSES YOU TO THINK 2:20?
A: ‘CAUSE EVERYTHING THAT DAY HAD TO DO WITH THE NUMBER TWO.
Q: OKAY.
MR. FELDMAN: THANK YOU VERY MUCH.
NO FURTHER QUESTIONS.
THE COURT: IT’S KIND OF HARD TO BEAT, MR. DUSEK. DO YOU WANT TO TAKE A TRY?

REDIRECT EXAMINATION
BY MR. DUSEK:
Q: DO YOU RECALL WHEN YOU GAVE THE DOCUMENTATION TO DETECTIVE MORRIS?
A: NO.
Q: ABOUT HOW MUCH AFTER THE INTERVIEW, CAN YOU ESTIMATE?
A: CAN I — FROM THE TIME HE CALLED ME?
Q: YOU WERE INTERVIEWED YOU SAID ON FEBRUARY 4TH.
A: YES.
Q: ABOUT HOW MUCH AFTER THAT?
A: I WANT TO SAY APPROXIMATELY FIVE DAYS.
Q: AND IF SOMEONE COMES IN AND PAYS FOR TWO, THREE, FOUR DAYS AT THE STRAND AND THEY LEAVE AFTER TWO OR THREE HOURS, WILL YOU GIVE THEM A REFUND IF THEY ASK FOR IT?
A: IF THEY ONLY COME TO THE PARK FOR TWO TO THREE HOURS?
Q: AND THEY HAVE PAID FOR THE WEEKEND, FOR SOME REASON THEY HAVE TO LEAVE, WILL YOU GIVE THEM A REFUND?
A: YES.
Q: AND IF SOMEONE DOESN’T ABIDE BY THE HONOR SYSTEM OF PUTTING THEIR MONEY IN THE ENVELOPE, DOES LAW ENFORCEMENT CONTACT THEM?
A: YES.
MR. DUSEK: THANK YOU, SIR.
THE COURT: ANYTHING FURTHER?
MR. FELDMAN: NO, THANK YOU.
THE COURT: OKAY.
IS THIS WITNESS TO BE RELEASED?
MR. DUSEK: YES.
MR. FELDMAN: YES.
THE COURT: ALL RIGHT.
MR. GOLDEN, YOUR TIME WITH US IS DONE. BUT IF I START GETTING MAIL FROM DISGRUNTLED STATE EMPLOYEES, I’M GOING TO SEND THEM RIGHT OFF TO YOU.
PLEASE REMEMBER THE ADMONITION NOT TO DISCUSS YOUR TESTIMONY WITH ANY OTHER PERSONS UNTIL THIS MATTER IS CONCLUDED. OKAY?
THE WITNESS: CAN I WATCH T.V. AGAIN?
THE COURT: YOU CAN WATCH T.V. AGAIN. YOU JUST CAN’T COMMENT ON IT.
THE WITNESS: ALL RIGHT. THANK YOU.
(THE WITNESS WAS EXCUSED.)
THE COURT: ALL RIGHT. MR. DUSEK.
MR. DUSEK: BRIAN NEILL.

BRIAN NEILL,
CALLED AS A WITNESS BY THE PLAINTIFF, HAVING BEEN DULY SWORN, TESTIFIED AS FOLLOWS:
THE CLERK: SIR, PLEASE STATE YOUR NAME AND SPELL IT FOR THE RECORD.
THE WITNESS: MY NAME IS BRIAN NEILL. B-R-I-A-N. NEILL,
N-E-I-L-L.

DIRECT EXAMINATION
BY MR. DUSEK:
Q: HOW ARE YOU EMPLOYED, MR. NEILL?
A: I’M EMPLOYED WITH THE STATE OF CALIFORNIA. I’M A PARK RANGER, SILVER STRAND STATE BEACH.
Q: HOW LONG HAVE YOU BEEN DOWN THERE?
A: BEEN DOWN THERE SINCE JANUARY.
Q: MR. NEILL, I WOULD LIKE TO DIRECT YOUR ATTENTION TO FEBRUARY 2ND OF THIS YEAR, A SATURDAY. WERE YOU ON DUTY AT THE STRAND THAT DAY?
A: YES, SIR.
Q: WHAT TIME DID YOUR SHIFT START?
A: ABOUT 9:30.
Q: WHAT ARE YOUR RESPONSIBILITIES AT THE STRAND?
A: JUST TO OVERSEE THE GENERAL OPERATIONS OF THE CAMPGROUND, MAKING SURE PEOPLE PAY, LEAVE ON TIME, AREN’T BREAKING ANY OF THE RULES. ALSO WE HAVE A LOT OF DAY USE. MAKE SURE THE LAWS OF THE PARK ARE ENFORCED. AND ALSO PEOPLE ARE OBEYING PENAL CODES. AND WE ALSO ENFORCE THE VEHICLE CODES AT THE PARK.
Q: TRY TO MAKE SURE THEY HAVE SOME FUN DOWN THERE, TOO?
A: YES, SIR.
Q: SOME TIME THAT AFTERNOON, DID YOU HAVE ANY RESPONSIBILITY FOR THE RECEIPTS?
A: YES, SIR. THAT MORNING WE HAD TOLD RANGER MURPHY THAT RANGER GOLDEN AND I WERE GOING TO GO TO OLD TOWN, AND WE WOULD BE BACK ABOUT 1:00 O’CLOCK TO HELP HIM WITH THE RECEIPTS.
Q: AND WHAT DO YOU HAVE TO DO WITH THE RECEIPTS IN THE AFTERNOON?
A: DURING THE WINTER IT’S A SELF-PAY. AS THE CAMPERS COME IN, THEY TAKE AN ENVELOPE, THEY MARK THEIR NAME ON IT, HOW MANY NIGHTS THEY ARE GOING TO STAY, AND THEY INSERT THE CASH INSIDE OR A CHECK. THAT AFTERNOON WE WENT UP, OPENED, UNLOCKED THE IRON RANGER, TOOK ALL THE ENVELOPES OUT OF THE IRON RANGER, TOOK THEM INSIDE THE OFFICE THERE, AND WE CUT THEM OPEN AND START TAKING THE CASH OR THE CHECKS OUT AND ANNOTATING ON THE ENVELOPE HOW MUCH WAS ENCLOSED. WE GO THEN AND THEN BALANCE, TOTAL UP, COMPARE THE BALANCE OF CASH, CHECKS, WITH THE — WHAT WE SHOULD HAVE FROM THE ENVELOPES.
Q: YOU’RE TRYING TO MAKE SURE EVERYONE’S PAID WHAT THEY ARE SUPPOSED TO?
A: YES, SIR.
Q: WAS THERE ONE THAT WAS UNUSUAL OR OUT OF PLACE THAT DAY?
A: YES, SIR, THERE WAS. I HADN’T SEEN THAT MANY OF THEM, BUT RANGER GOLDEN WAS SITTING ON MY LEFT, AND I REMEMBER HIM SAYING SOMETHING THAT CAUGHT MY ATTENTION. HE HAD AN ENVELOPE AND $54.00 IN CASH IN HIS HANDS.
Q: DID YOU SEE HOW MUCH THE ENVELOPE WAS SUPPOSED TO CONTAIN?
A: YES. AND WE LOOKED AT IT. THE ENVELOPE WAS SUPPOSED TO CONTAIN OR WAS MARKED ON THE OUTSIDE $24.00. RANGER GOLDEN THEN HAD A FIFTY-DOLLAR BILL AND FOUR ONES THAT CAME OUT OF THE ENVELOPE.
Q: WHAT HAPPENED?
A: WELL, I ASSUMED, WHICH HAPPENS A LOT, THAT THE PERSON ACCIDENTALLY INSERTED THE FIFTY — I SHOULDN’T SAY IT HAPPENS A LOT — BUT THE PERSON ACCIDENTALLY INSERTED A FIFTY INSTEAD OF A TWENTY IN THE ENVELOPE.
Q: SO WHAT ARE YOU SUPPOSED TO DO?
A: WELL, WE WANTED TO GIVE HIM HIS CHANGE. A LOT OF TIMES PEOPLE PAY FOR TWELVE-DOLLAR STAY, THEY MAY PUT FIFTEEN DOLLARS IN THERE, AND WE HAVE TO GO FIND THEM AND GIVE THEM THEIR TWO DOLLARS BACK.
Q: WERE YOU RESPONSIBLE AT ALL FOR RETURNING THE OVERPAYMENT?
A: YES, SIR. AS WE WERE WRAPPING UP THAT AFTERNOON, RANGER GOLDEN TOOK THE RECEIPTS BACK TO THE MAIN OFFICE, AND THE THIRTY DOLLARS IN CHANGE WAS SITTING THERE ON THE COUNTER OR ON THE FLOOR IN A WHITE PIECE OF PAPER. I PICKED THAT UP AND RETURNED IT TO CAMPSITE 72.
Q: DID YOU GO WITH ANYONE BACK TO 72?
A: NO. I WENT ALONE.
Q: WHERE IS CAMPSITE 72 IN THE PARK?
A: IN THE PARK IT’S GOING TO BE — WE HAVE FOUR ROWS. THE FIRST ROW AGAINST THE SAND, AGAINST THE BEACH, AND WE HAVE A SECOND ROW BACK, SO 72 IS IN THE SECOND ROW ON THE NORTHERN HALF OF THE CAMPGROUND.
BY LOOKING AT EXHIBIT 65 BEHIND YOU, THE AERIAL PHOTOGRAPHS OF THE SILVER STRAND STATE BEACH, IN EITHER OF THOSE PHOTOGRAPHS CAN YOU TELL US WHERE 72 IS, IF YOU CAN?
A: YES. 72’S GOING TO BE SOMEWHERE IN HERE. THIS IS WHERE WE WERE DOING THE MONEY. I DROVE AROUND DOWN HERE AND STOPPED IN HERE SOMEWHERE.
Q: ALL RIGHT. YOU GOT A WHOLE LOT OF HERES. YOU’RE USING PHOTOGRAPH A ON 65. IS THAT CORRECT?
A: YES, SIR.
Q: AND YOUR SHOP OR WHERE YOU WERE DOING THE MONEY WAS WHERE?
A: CIRCLED IN GREEN HERE, RIGHT NEXT TO THE STOP SIGN.
Q: AND THAT’S WHERE YOU FOUND THE MONEY OVERCHARGE?
A: YES, SIR.
Q: AND FROM THERE YOU DROVE WHAT WOULD THAT BE, NORTHBOUND ON THE STREET?
A: YES, SIR. NORTHBOUND THROUGH THE CAMPGROUND AND AROUND THE BEND, AND THEN I STOPPED SOMEWHERE IN HERE IS GOING TO BE 72.
Q: AND SOMEWHERE HERE WOULD BE ON BETWEEN THE CAMPERS ON THE BEACH SIDE AND THE NEXT ROW OF CAMPERS INLAND?
A: YES, SIR.
Q: CAN YOU TAKE AN ORANGE FELT PEN AND PUT THE APPROXIMATE LOCATION WHERE 72 IS
A: (THE WITNESS COMPLIED.)
THE APPROXIMATE LOCATION IS GOING TO BE IN HERE SOMEWHERE.
Q: ALL RIGHT.
YOU’VE DRAWN AN OVAL WITH THAT ORANGE FELT PEN.
WAS THERE A VEHICLE PARKED IN SPOT 72?
A: YES, THERE WAS, SIR.
Q: DESCRIBE IT, PLEASE.
A: IT WAS AN R.V., RELATIVELY NEW. IT WASN’T AN OLDER ONE. I IMMEDIATELY NOTICED THAT THE FRONT, I WAS LOOKING AT THE FRONT, DRIVER’S SIDE, IT HAD CURTAINS DRAWN OR SOMETHING IN THE FRONT SO I COULD NOT SEE IN. THERE’S NOTHING AROUND THE R.V., NO FURNITURE OR ANYTHING LIKE THAT. THERE ARE NO OTHER VEHICLES PARKED IN THE CAMPSITE 72.
Q: LET ME SHOW YOU WHAT’S BEEN PREVIOUSLY MARKED AS COURT’S EXHIBIT 49, THIS PHOTO DISPLAY BOARD LABELED AT THE TOP “1979 SOUTHWEST MOTOR HOME,” ROMAN NUMERAL —
THE COURT: I THINK IT’S ’97, NOT ’79.
MR. DUSEK: IT IS. DYSLEXIA.
BY MR. DUSEK:
Q: DO YOU RECOGNIZE THE VEHICLE HERE, SIR?
A: NOT FROM THAT DAY, NO, I DON’T.
Q: ALL RIGHT.
DID YOU COMPARE THE LICENSE PLATE WITH THE ENVELOPE?
A: ON THE VEHICLE, NO, I DIDN’T HAVE THE — I HAD THE NOTE PIECE OF PAPER, WHITE PIECE OF PAPER, WITH ME. I DON’T REMEMBER WHETHER OR NOT THAT HAD THE LICENSE PLATE ON IT.
Q: ALL RIGHT.
WHAT DID YOU DO WHEN YOU GOT TO SITE 72?
A: WELL, IMMEDIATELY BECAUSE IT WAS ALL CLOSED UP, I ASSUMED THE PERSON WASN’T THERE.
MR. FELDMAN: NOT RESPONSIVE.
BY MR. DUSEK:
Q: WHY?
MR. FELDMAN: EXCUSE ME. OBJECTION.
THE COURT: SUSTAINED.
THE JURY IS TO DISREGARD THE LAST ANSWER.
NEXT QUESTION.
BY MR. DUSEK:
Q: DID IT LOOK LIKE ANYONE WAS THERE?
A: NO, IT DIDN’T LOOK LIKE ANYONE WAS THERE.
Q: WHY NOT?
A: WELL, ALL THE CURTAINS WERE DRAWN, LOOKED LOCKED UP. THERE WAS NOTHING OUTSIDE. LOOKED LIKE SOMEONE HAD LEFT.
Q: SO WHAT DID YOU DO?
A: WENT UP AND KNOCKED ON THE DOOR.
Q: DID YOU GET A RESPONSE?
A: NOT IMMEDIATELY, NO. I WAITED.
Q: HOW LONG?
A: IN FACT, PROBABLY ABOUT A MINUTE. IT’S REALLY HARD TO SAY EXACTLY HOW LONG I WAITED. I WAS ALREADY THINKING THERE WASN’T SOMEONE THERE.
MR. FELDMAN: NO QUESTION PENDING. OBJECTION.
THE COURT: HE’S ANSWERED THE QUESTION. NEXT QUESTION.
BY MR. DUSEK:
Q: HOW MANY TIMES DID YOU KNOCK, SIR?
A: JUST ONE.
Q: AND I ASSUME YOU WEREN’T TIMING YOURSELF AS YOU WERE WAITING THERE.
A: NO, SIR.
Q: AFTER YOU WAITED HOWEVER LONG YOU WAITED, DID YOU DO SOMETHING?
A: I KIND OF WAS MOVING BACK TOWARDS MY VEHICLE AND —
Q: WHY?
A: I THOUGHT THERE WAS NO ONE THERE.
Q: OKAY.
AND NO ONE HAD RESPONDED?
A: NO ONE HAD RESPONDED.
Q: AS YOU WERE MOVING BACK TO YOUR VEHICLE, DID SOMETHING HAPPEN?
A: I EITHER SAW SOMETHING OR HEARD SOMETHING THAT INDICATED SOMEONE WAS OPENING THE DOOR.
Q: SO WHAT DID YOU SEE?
A: I CAN’T REMEMBER WHETHER I JUST HEARD THE DOOR OPENING OR SAW A CURTAIN MOVE INSIDE.
Q: DID YOU THEN TURN BACK TO THE MOTOR HOME?
A: WELL, I NEVER REALLY TURNED AWAY FROM IT AS I WAS WALKING, AS I WAS MOVING BACK TOWARDS THE VEHICLE, I WAS JUST KIND OF BACKING UP TOWARDS MY VEHICLE.
Q: WHAT HAPPENED?
A: A WHITE MALE ADULT STEPPED OUT. HE CLOSED THE DOOR BEHIND HIM AND STEPPED DOWN ON THE GROUND.
Q: DO YOU SEE THAT WHITE MALE ADULT HERE IN COURT TODAY?
A: YES, SIR.
Q: WOULD YOU POINT HIM OUT, PLEASE, AND DESCRIBE WHAT HE’S WEARING TODAY.
A: HE HAS A GRAY SUIT ON AND A TIE. PURPLE.
THE COURT: THE RECORD WILL REFLECT IDENTIFICATION.
BY MR. DUSEK:
Q: WHERE DID YOU MAKE CONTACT WITH THE DEFENDANT?
A: RIGHT THERE AT THE — IN THE PAVEMENT IN THE CAMPSITE. HE WAS FACING ME. I WAS FACING HIM. I ASKED HIM IF HE WAS MR. WESTERFIELD. AND HE SAID YES.
Q: DID YOU THEN TELL HIM WHY YOU WERE THERE?
A: YES, SIR. I ASKED IF IT WAS POSSIBLE THAT HE ACCIDENTALLY INSERTED A FIFTY-DOLLAR BILL INSTEAD OF TWENTY- DOLLAR BILL INSIDE THE PAYMENT ENVELOPE.
Q: WHAT DID HE SAY?
A: HE SAID NO.
Q: WHAT HAPPENED NEXT?
A: I TOLD HIM THAT THERE WERE TWO PARK RANGERS WHO OPENED THE ENVELOPE, AND WE HAD BOTH SEEN A FIFTY-DOLLAR BILL AND FOUR ONE-DOLLAR BILLS COME OUT OF THE ENVELOPE. TRYING TO EXPLAIN TO HIM THAT SOMEONE, THERE’S NO DOUBT ABOUT IT, THERE WAS $54.00 IN THAT ENVELOPE.
Q: WHAT HAPPENED THEN?
A: HE STILL DIDN’T — HE STILL DIDN’T SAY HE ACCIDENTALLY INSERTED THE MONEY IN THE ENVELOPE. I TOLD HIM THAT WE HADN’T BALANCED THE RECEIPTS YET, SO WE HADN’T ADDED UP ALL THE CASH, AND WHAT WE THOUGHT WHAT WE SHOULD HAVE HAD FROM THE ENVELOPES, BUT I’M ALMOST POSITIVE THAT THIS IS GOING TO BE AN EXTRA THIRTY DOLLARS. SO I HANDED HIM THE THIRTY DOLLARS.
Q: DID HE TAKE THE MONEY?
A: YES, HE DID.
Q: DID YOU SEE WHAT HE DID WITH IT AT THAT TIME?
A: NO, I DON’T REMEMBER.
Q: WAS YOUR BUSINESS DONE WITH HIM AT THAT POINT?
A: YES, SIR.
Q: WHAT HAPPENED ONCE YOU COMPLETED YOUR BUSINESS?
A: I WAS EXPECTING FOR HIM TO SAY SOMETHING TO ME. AND I WAS STANDING THERE WAITING FOR HIM TO SAY SOMETHING TO ME. AND AT ONE POINT I DECIDED THAT HE WASN’T GOING TO SAY ANYTHING TO ME, HE WASN’T GOING —
MR. FELDMAN: OBJECTION. NO QUESTION PENDING.
THE COURT: HE’S ANSWERED THE QUESTION. NEXT QUESTION.
BY MR. DUSEK:
Q: DID MR. WESTERFIELD MOVE OR WALK AWAY FROM YOU AT THAT POINT?
A: NO, HE DIDN’T. EVENTUALLY I TURNED AROUND AND WALKED BACK TO MY VEHICLE AND LEFT HIM STANDING THERE OUTSIDE THE MOTOR HOME.
Q: SO YOU WERE — HE DIDN’T MOVE UNTIL YOU MOVED?
A: YES, SIR.
Q: DID YOU EVER SEE HIM — WERE YOU STILL STANDING THERE WHEN HE WENT BACK AND OPENED HIS DOOR TO THE MOTOR HOME OR HAD YOU ALREADY LEFT?
A: I BELIEVE I HAD ALREADY LEFT.
Q: WHERE DID YOU GO, SIR?
A: I RETURNED TO THE MAIN RANGER OFFICE.
Q: DID YOU HAVE ANY FURTHER CONTACT WITH THE DEFENDANT THAT DAY?
A: NO, SIR.
Q: DID YOU SEE HIS MOTOR HOME LATER THAT DAY, IF YOU CAN RECALL?
A: NO, SIR.
Q: NO, YOU CAN’T REMEMBER OR NO, IT WASN’T THERE?
A: NO, I CAN’T REMEMBER.
Q: ABOUT WHAT TIME WAS THIS?
A: I CONTACTED HIM BETWEEN 3:00 AND 3:20 IN THE AFTERNOON.
Q: HOW CAN YOU GIVE US THAT TIME PERIOD?
A: I HAVE MY DISPATCH LOGS. AND WHEN I GOT BACK TO THE MAIN OFFICE, I REPORTED THAT I — I REPORTED TO THE DISPATCHER I WAS THERE, AND THAT WAS AT 3:25.
Q: THAT’S AFTER YOU GOT BACK TO THE OFFICE?
A: THAT’S AFTER I GOT BACK TO THE OFFICE.
MR. DUSEK: THANK YOU, SIR.
THE COURT: ALL RIGHT.
CROSS-EXAMINATION.

CROSS-EXAMINATION
BY MR. FELDMAN:
Q: SIR, DID YOU PREPARE ANY REPORTS OF YOUR ACTIVITIES?
A: YES, I DID.
Q: WHERE ARE THEY?
A: I SUBMITTED THEM TO DETECTIVE MORRIS.
Q: OH. YOU DON’T HAVE COPIES OF THEM?
A: NO, SIR, NOT WITH ME.
Q: I’M SORRY. BY SAYING NOT WITH ME, I ASSUME YOU’RE TELLING ME, YEAH, YOU GOT THEM, THEY’RE JUST NOT ON YOUR PERSON OR YOU DON’T HAVE THEM.
A: CORRECT, SIR. CORRECT, SIR. I HAVE THE DISKS THAT THEY WERE WRITTEN ON.
Q: CAN YOU MAKE THOSE AVAILABLE TO US?
A: YES, SIR.
MR. DUSEK: I BELIEVE THEY HAVE BEEN, YOUR HONOR.
MR. FELDMAN: I DON’T BELIEVE SO.
THE COURT: WELL, WE’RE NOT GOING TO ARGUE ABOUT IT RIGHT NOW. KEEP ASKING QUESTIONS, PLEASE.
BY MR. FELDMAN:
Q: SIR, YOU WERE AWARE OF A CERTAIN INTEREST IN MR. WESTERFIELD, ISN’T THAT RIGHT?
A: YES. AFTER I WAS CALLED BY DETECTIVE MORRIS.
Q: IN FACT, IS IT FAIR TO SAY YOU KEPT YOURSELF PRETTY MUCH ABREAST OF ALL THE NEWS DEVELOPMENTS?
A: YES, SIR. UP UNTIL THE ARREST.
Q: AND YOU WERE WATCHING TELEVISION?
A: YES, SIR.
Q: YOU CAUGHT ALL THE STORIES, IS THAT RIGHT?
A: YES, SIR.
Q: READ EVERYTHING IN ITS ENTIRETY THAT YOU HAD SEEN IN THE NEWSPAPER?
A: I WOULDN’T SAY EVERYTHING IN ITS ENTIRETY, BUT I READ. I READ THE PAPER DAILY ABOUT THE CASE.
Q: JUST A MATTER OF YOUR CUSTOM AND PRACTICE YOU READ THE PAPER, RIGHT?
A: YES, SIR.
Q: IT’S PRETTY HARD TO HAVE MISSED THE PRESS, ISN’T IT?
A: YES, SIR.
Q: SO YOU WERE FAMILIAR THAT THERE WAS A CERTAIN INTEREST IN THE CASE AND MORE SPECIFICALLY AT SOME POINT THAT THERE MIGHT BE A CERTAIN INTEREST IN YOUR INVOLVEMENT IN THE CASE, ISN’T
THAT RIGHT?
MR. DUSEK: OBJECTION. COMPOUND.
THE COURT: SUSTAINED.
BREAK IT DOWN.
MR. FELDMAN: YES, YOUR HONOR.
BY MR. FELDMAN:
Q: IS IT CORRECT THAT AT SOME POINT YOU REALIZED THAT YOU MIGHT HAVE SOMETHING TO CONTRIBUTE TO THE CASE?
A: NOT UNTIL I WAS NOTIFIED BY DETECTIVE MORRIS.
Q: WHEN WAS THAT, SIR?
A: I BELIEVE THAT WAS THE FOLLOWING MONDAY OR TUESDAY.
Q: WOULD THAT BE THE 4TH OR 5TH?
A: YES.
Q: WHEN YOU SAY FOLLOWING, —
A: YES. FOLLOWING THAT WEEKEND, THE 4TH OR THE 5TH.
Q: HOW DO YOU RECALL BEING NOTIFIED?
A: I WAS AT HOME, AND I GOT A PHONE CALL.
Q: DIRECTLY FROM THE DETECTIVE?
A: NOT EXACTLY. I WAS OUTSIDE DOING SOMETHING IN THE YARD, AND I HEARD THE PHONE RING. I WENT IN, DIDN’T RUSH IN TO GET THE PHONE. I WENT IN. THERE WAS A MESSAGE ON THE MACHINE, SO I RETURNED THE CALL.
Q: SO WHEN YOU RETURNED THE CALL, WAS IT TO DETECTIVE MORRIS?
A: YES. TO HIS CELL. PHONE.
Q: AND DID YOU ARRANGE A MEETING WITH DETECTIVE MORRIS SOME TIME LATER?
A: I CAN’T REMEMBER EXACTLY WHEN, WHAT HE ASKED ME THAT DAY. I DID MEET HIM LATER. BUT I’M NOT SURE IF WE SET THAT UP ON THAT FIRST PHONE CALL.
Q: OKAY.
YOU JUST TOLD ME YOU DID MEET HIM LATER.
A: YES.
Q: DO YOU RECALL WHERE THAT MEETING OCCURRED, SIR?
A: YES. I MET HIM AT OLD TOWN STATE HISTORIC PARK.
Q: WHO WAS WITH YOU WHEN YOU MET HIM?
A: RANGER GOLDEN.
Q: AND WAS RANGER GOLDEN PRESENT AS YOU TALKED WITH DETECTIVE MORRIS?
A: YES. THERE MIGHT HAVE BEEN A FEW TIMES HE STEPPED AWAY.
MR. FELDMAN: EXCUSE ME, YOUR HONOR.
THE COURT: OH. GOT A HAND UP. ALL RIGHT. THAT’S GOOD. THAT’S ALL IT TAKES.
ALL RIGHT. LADIES AND GENTLEMEN, PLEASE REMEMBER THE ADMONITION OF THE COURT NOT TO DISCUSS ANY OF THE EVIDENCE OR TESTIMONY AMONG YOURSELVES OR WITH OTHERS, NOR FORM OR EXPRESS ANY OPINION ON THE CASE UNTIL IT IS SUBMITTED TO YOU FOR DECISION.
LET’S BE OUTSIDE THE DOOR AT 3:10. TEN MINUTES AFTER 3:00, PLEASE.
(THE JURY RECESSED AT 2:54 O’CLOCK, P.M.)
(THE FOLLOWING OCCURRED OUT OF THE PRESENCE OF THE
JURY:
THE COURT: OKAY. THE RECORD SHOULD REFLECT THE JURORS AND ALTERNATES HAVE LEFT THE COURTROOM.
NOW, WHAT IS IT THAT’S SUPPOSEDLY MISSING OR NOT MISSING?
MR. FELDMAN: YOUR HONOR, THAT I THINK WE CAN ADDRESS BETWEEN OURSELVES AND THEN COMMUNICATE TO THE COURT IF THERE IS A PROBLEM.
BUT THERE IS A MATTER WE FAILED TO ADDRESS TO THE COURT PREVIOUSLY THAT I THINK WE NEED TO ADDRESS AT YOUR CONVENIENCE. BUT IT NEEDS TO BE PRIVATE, MEANING THAT IT ADDRESSES ISSUES THAT ARE CONFIDENTIAL.
THE COURT: ALL RIGHT. WE WILL DO THAT AT THE CONCLUSION OF THE DAY. I’M NOT GOING TO DISRUPT ALL THESE PEOPLE RIGHT NOW.
ALL RIGHT. SIR, BE BACK IN HERE AT 3:10, PLEASE.
ALL RIGHT. WE WILL BE IN RECESS.
(END OF PROCEEDINGS OUT OF THE PRESENCE OF THE JURY.)
(RECESS, 2:55 O’CLOCK, P.M., TO 3:10 O’CLOCK, P.M.)
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