DAY 8 – SAN DIEGO, CALIFORNIA, MONDAY, JUNE 17, 2002, 1:30 P.M. (afternoon 1)

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WITNESSES:
Michael Britton (police officer Coronado, testified about parking violation concerning a RV and small truck parked Coronado Cays on Feb 4th morning),
Julie Mills (worked morning shift at Twin Peaks Drycleaners, testified Westerfield brought a sport jacket, 2 comforters and 2 covers Feb 4th in the morning, testified there was no blood on any of the items. Testified Detective Ott was a customer at the same time)
Kelly Belom (worked afternoon shift at Twin Peaks Drycleaners, testified Westerfield brought a black sweater, a pair of black pants and a black teeshirt around 1:40 pm and asked for same day cleaning)
Terrance Neal Torgersen (detective police officer homicide unit, located Westerfield’s clothing at Twin Peaks drycleaners and picked them up)

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–O0O–
THE COURT: OKAY. WELCOME BACK, LADIES AND GENTLEMEN.
ALL RIGHT. MR. DUSEK.
MR. DUSEK: OFFICER MIKE BRITTON.

MICHAEL BRITTON,
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 OFFICER MICHAEL BRITTON. LAST NAMED SPELLED B-R-I-T-T-O-N.

DIRECT EXAMINATION
BY MR. DUSEK:
Q: HOW ARE YOU EMPLOYED, OFFICER?
A: I AM A POLICE OFFICER WITH THE CORONADO POLICE DEPARTMENT.
Q: HOW LONG HAVE YOU BEEN WITH THE CORONADO POLICE DEPARTMENT?
A: A YEAR AND THREE MONTHS, SIR.
Q: BEFORE THAT DID YOU HAVE ANY OTHER LAW ENFORCEMENT EXPERIENCE?
A: YES, SIR. I WORKED WITH THE MARSHAL’S DEPARTMENT AS WELL AS WITH THE SHERIFF’S OFFICE.
Q: FOR HOW LONG?
A: APPROXIMATELY TWO YEARS.
Q: OFFICER, I WOULD LIKE TO DIRECT YOUR ATTENTION BACK TO FEBRUARY 4TH OF THIS YEAR IN THE EARLY MORNING HOURS. WERE YOU WORKING FOR LAW ENFORCEMENT IN CORONADO AT THAT TIME?
A: YES, SIR.
Q: WHAT WAS YOUR SHIFT THAT EARLY MORNING?
A: I WAS WORKING THE GRAVEYARD SHIFT.
Q: WHICH STARTS WHEN?
A: STARTS AT 11:00 OR 10:00 P.M. AND END AT 7:00 A.M. IN THE MORNING.
Q: 7:00 A.M. ON THE 4TH OF FEBRUARY?
A: YES, SIR, I BELIEVE THAT’S CORRECT.
Q: WERE YOU RIDING WITH ANYONE?
A: NO, SIR.
Q: DID YOU HAVE A BEAT THAT WAS YOUR ASSIGNMENT?
A: YES, SIR.
Q: WHAT’S THAT?
A: BEAT NUMBER THREE.
Q: WHICH IS?
A: WHICH IS THE EAST SIDE OF ORANGE AVENUE, SIXTH AND ORANGE IN CORONADO, ALL THE WAY SOUTH, INCLUDING THE HOTEL DEL, DOWN TO THE CITY LIMITS TO IMPERIAL BEACH.
Q: WHERE ARE THE SOUTHERN CITY LIMITS FOR CORONADO?
A: APPROXIMATELY I WOULD SAY ABOUT MAYBE FIFTY YARDS FROM THE FIRST STOPLIGHT AT PALM AND RAINBOW ON S.R. 75 IN IMPERIAL BEACH.
Q: ARE YOU FAMILIAR WITH THE CORONADO CAYS?
A: YES, SIR, I AM.
Q: WERE THEY PART OF YOUR BEAT?
A: YES, SIR.
Q: AND THEY ARE PART OF CORONADO?
A: YES, SIR.
Q: LET ME DIRECT YOUR ATTENTION, THEN, TO THE EARLY MORNING HOURS OF THE 4TH. DID YOU RECEIVE A CALL THAT TOOK YOU TO THE CAYS?
A: YES, I DID, SIR.
Q: WHAT WAS IT THAT GOT YOU DOWN THERE?
A: DISPATCH ADVISED ME THAT —
MR. FELDMAN: OBJECTION. HEARSAY.
THE COURT: OVERRULED. IT’S NOT FOR THE TRUTH OF WHAT’S BEING OFFERED.
YOU MAY CONCLUDE YOUR ANSWER.
THE WITNESS: YES, SIR.
MR. FELDMAN: WOULD THE COURT PLEASE GIVE A LIMITING INSTRUCTION.
THE COURT: I WILL AS SOON AS WE HEAR THE ANSWER.
MR. FELDMAN: THANK YOU, YOUR HONOR.
THE WITNESS: MAY I ANSWER, SIR?
THE COURT: YES, YOU MAY.
THE WITNESS: OKAY. DISPATCH ADVISED THAT THERE WAS A VEHICLE THAT WAS PARKED IN VIOLATION OF POSTED SIGNS DOWN IN THE CORONADO CAYS ACROSS FROM THE CORONADO CAYS — EXCUSE ME — CORONADO FIRE DEPARTMENT DOWN IN THE CAYS.
THE COURT: ALL RIGHT.
LADIES AND GENTLEMEN, THE PURPOSE OF ALLOWING THE ANSWER WAS SIMPLY FOR THE STATE OF MIND AND THE ACTIONS TAKEN BY THE OFFICER, NOT FOR THE TRUTH OF WHAT CAME IN OVER THE AIR.
NEXT QUESTION.
MR. FELDMAN: THANK YOU.
BY MR. DUSEK:
Q: DO YOU RECALL ABOUT WHAT TIME YOU RECEIVED THAT RADIO DISPATCH, OFFICER?
A: I BELIEVE APPROXIMATELY 2:34, SIR.
Q: IN THE EARLY MORNING?
A: YES, SIR.
Q: DO YOU REMEMBER ABOUT WHERE YOU WERE WHEN YOU GOT THE CALL?
A: NO, SIR.
Q: WHAT DID YOU DO ONCE YOU GOT IT?
A: I RESPONDED, AND I HEADED DOWN SOUTH TO THE CORONADO CAYS.
Q: LET ME DIRECT YOUR ATTENTION TO THE PHOTO DISPLAY BOARD WE HAVE BEHIND YOU. IT’S EXHIBIT 65, LABELED AT THE TOP “SILVER STRAND STATE BEACH PARK.” SPECIFICALLY THE PHOTOGRAPH ON THE LEFT SIDE. PHOTOGRAPH A. DO YOU RECOGNIZE WHAT WE HAVE DEPICTED THERE?
A: YES, SIR.
Q: AND THAT PHOTOGRAPH, WHICH DIRECTION ARE WE LOOKING?
A: WE’RE LOOKING SOUTHBOUND, SIR.
Q: SO THE OCEAN WOULD BE ON WHICH SIDE OF THE PHOTOGRAPH?
A: ON THE RIGHT SIDE, SIR.
Q: AND THE AREAS IN THE FOREGROUND WITH ALL THE CAMPING RIGS AND R.V.’S, WHAT AREA IS THAT?
A: THAT’S PART OF THE SILVER STRAND STATE BEACH WHERE THE R.V.’S PARKED.
Q: AND DO YOU SEE WHERE THE CORONADO CAYS AREA IS DEPICTED IN PHOTOGRAPH A?
A: YES, SIR.
Q: WHERE WOULD THAT BE?
A: SIR, CAN I GET UP AND POINT TO IT?
Q: SURE.
A: THIS IS ACTUALLY — WELL, OFFRAMP HERE AND THE CORONADO CAYS ARE THIS AREA RIGHT IN HERE.
Q: ALL RIGHT.
THE OFFRAMP YOU HAVE POINTED TO, COULD YOU TAKE A FELT PEN — WE ALREADY GOT SOME RED UP THERE. LET’S TAKE BLACK. THAT SHOULD SHOW UP.
COULD YOU CIRCLE THE OFFRAMP FOR THE CAYS.
A: (THE WITNESS COMPLIED.)
Q: YOU’VE DONE THAT FOR US.
A: YES, SIR.
Q: IS THAT ALSO THE OFFRAMP TO COME BACK TO THE SILVER STRAND STATE BEACH?
A: YOU HAVE TO ACTUALLY — YOU GO TO A SIGN AND YOU MAKE A RIGHT. IT’S A YIELD SIGN. MAKE A RIGHT AND TURN BACK INTO THE STATE BEACH.
Q: ALL RIGHT.
AND UP THERE AT THAT OFFRAMP ON THE LEFT SIDE OF THE PHOTOGRAPH, IS THAT WHERE THE CORONADO CAYS IS?
A: YES, SIR. RIGHT HERE. THIS IS ALL CORONADO CAYS.
Q: THANK YOU, SIR.
DESCRIBE THAT AREA. WHAT IS IT?
A: THE CAYS?
Q: YES.
A: RESIDENTIAL AREA. VERY EXPENSIVE HOUSING. THERE ARE A COUPLE PARKS THROUGHOUT. THERE’S A FIRE STATION LOCATED WITHIN THE NEIGHBORHOOD. THEY DO HAVE A GUARD SHACK WHICH IS APPROXIMATELY RIGHT HERE THAT GREETS INCOMING TRAFFIC AS WELL AS OUTGOING TRAFFIC.

Q: WHERE YOU INDICATED RIGHT HERE, THAT WOULD BE UP THERE NEAR THE OFFRAMP?
A: YES, SIR. IT’S RIGHT AFTER YOU CROSS THE LIGHT OF NORTHBOUND S.R. 75.
Q: LET’S SEE IF WE HAVE SOME BETTER PICTURES.
I’VE HAD MARKED AS COURT’S EXHIBIT 71 THIS PHOTO DISPLAY BOARD ALSO LABELED “SILVER STRAND STATE BEACH PARK.” IT HAS PHOTOGRAPHS A AND B.
(PHOTOBOARD CONTAINING TWO PHOTOGRAPHS MARKED
TRIAL EXHIBIT NUMBER 71 FOR IDENTIFICATION.)
BY MR. DUSEK:
Q: CAN YOU TELL US WHAT WE HAVE DEPICTED IN PHOTOGRAPH A, OFFICER?
A: YES, SIR. THIS PHOTOGRAPH A IS ONCE AGAIN THIS IS STATE ROUTE 75. WE’RE LOOKING — ACTUALLY LOOKING NORTHBOUND NOW. THIS IS THE SOUTHBOUND SIDE. THIS IS THE NORTHBOUND SIDE.
Q: SOUTHBOUND SIDE IS ON THE SIDE CLOSEST TO THE OCEAN?
A: YES, SIR.
Q: NORTHBOUND SIDE IS ON THE SIDE CLOSEST TO THE BAY?
A: YES, SIR. THIS IS THE ONRAMP THAT THE ATTORNEY HAD ME CIRCLE RIGHT HERE.
Q: THAT WOULD BE ME?
A: YES, SIR. THIS IS THE GUARD SHACK THAT I WAS TALKING ABOUT THAT GREETS INCOMING AND EXITING TRAFFIC.
Q: DO YOU HAVE THAT BLACK FELT PEN STILL WITH YOU?
A: STILL.
Q: CAN YOU CIRCLE THE GUARD SHACK IN PHOTOGRAPH A ON 71.
A: (THE WITNESS COMPLIED.)
Q THANK YOU, SIR.
AND THE CAYS WOULD BE ON THE RIGHT-HAND SIDE OF PHOTOGRAPH A.
A: RIGHT HERE, YES, SIR.
Q: PHOTOGRAPH B, IS THAT ANOTHER VIEW OF THE OFFRAMP LOOKING INTO THE CORONADO CAYS?
A: YES, SIR.
Q: DO YOU SEE THE GUARD SHACK IN PHOTOGRAPH B?
A: YES, SIR.
Q: COULD YOU CIRCLE THAT ALSO WITH YOUR BLACK FELT PEN?
A: YES, SIR.
Q: THANK YOU, SIR.
WHEN YOU GOT DOWN THERE, WHERE DID YOU GO?
A: I EXITED THE SOUTHBOUND S.R.75, MADE THE LEFT UNDERNEATH THE UNDERPASS. I DON’T REMEMBER WHETHER OR NOT THE LIGHT WAS GREEN OR RED; BUT WHEN IT WAS SAFE TO DO SO, I WENT AHEAD AND WENT THROUGH. I MADE A RIGHT, CAME ALL THE WAY DOWN THIS ROAD HERE. RIGHT HERE IS THE CORONADO CAYS FIRE STATION.
Q: COULD YOU PUT AN F.S. FOR THAT FIRE STATION THAT YOU JUST IDENTIFIED.
A: (THE WITNESS COMPLIED.)
Q: THANK YOU, SIR.
A: AND ACTUALLY THE PARKING LOT IN QUESTION IS ON THE OTHER SIDE OF THE FIRE DEPARTMENT.
Q: SO THAT’S NOT VISIBLE IN EXHIBIT 71.
A: YES, SIR. NOT VISIBLE.
Q: HOW BIG A PARKING LOT ARE WE TALKING ABOUT?
A: I WOULD BE WILLING TO SAY APPROXIMATELY THIRTY, MAYBE THIRTY PARKING SPOTS. I’VE NEVER COUNTED.
Q: IS IT PUBLIC PARKING THERE?
A: YES, SIR.
Q: ALL NIGHT?
A: NO, SIR. THERE ARE POSTED SIGNS PROHIBITING TIMES WHEN YOU CAN OR CANNOT PARK THERE. IN FACT, THERE’S ALSO A TOW-AWAY ZONE IF A VEHICLE IS PARKED THERE. BUT IT’S UP TO THE DISCRETION OF THE OFFICER.
Q: YOU?
A: YES, SIR.
Q: I’VE HAD MARKED AS COURT’S EXHIBIT 72 ANOTHER PHOTO DISPLAY BOARD LABELED AT THE TOP “CORONADO CAYS.” IT APPEARS TO HAVE FOUR PHOTOGRAPHS LABELED A THROUGH D.
(PHOTOBOARD CONTAINING FOUR PHOTOGRAPHS MARKED
TRIAL EXHIBIT NUMBER 72 FOR IDENTIFICATION.)
BY MR. DUSEK:
Q: WHAT DOES PHOTOGRAPH A SHOW US, OFFICER BRITTON?
A: THIS IS ACTUALLY YOU’RE LOOKING AT THE GUARD SHACK WHICH I HAVE CIRCLED HERE AT THE ENTRANCE OF THE CAYS. THAT BRIDGE RIGHT THERE IS S.R. 75 SOUTHBOUND. NORTHBOUND IS ACTUALLY YOU CAN SEE THERE’S A MOTOR VEHICLE RIGHT THERE. THAT’S A VEHICLE TRAVELING NORTHBOUND. SO YOU ARE LOOKING AT THE ENTRANCE OF CORONADO CAYS.
Q: SO PHOTOGRAPH A WOULD BE TAKEN FROM THE OCEAN LOOKING TO THE CAYS UNDERNEATH THE STATE HIGHWAY.
A: YES, SIR.
Q: AND THE GUARD SHACK IS ON THE FAR PART OF THAT PHOTOGRAPH.
A: IT’S RIGHT THERE, SIR.
Q: WHICH IS IN THE MIDDLE OF THE ROAD ON PHOTOGRAPH A.
A: YES, SIR.
Q: PHOTOGRAPH B, WHAT DOES THAT SHOW US?
A: THAT IS THE PARKING LOT IN QUESTION. TO GIVE YOU A BETTER IDEA, THE FIRE STATION IS ACTUALLY RIGHT HERE.
Q: COULD YOU PUT THE F.S. AT THE APPROXIMATE LOCATION OF WHERE THE FIRE STATION WOULD BE ON PHOTOGRAPH B.
A: IT WON’T BE ON PHOTOGRAPH —
Q: THAT’S FINE.
A: (THE WITNESS COMPLIED.)
Q: THANK YOU, SIR.
PHOTOGRAPH C SHOWS US WHAT?
A: THE SAME PARKING LOT THERE. IT’S JUST A DIFFERENT VIEW. ACTUALLY LOOKS LIKE MOVED UP TO ABOUT HERE AND TAKEN THE PHOTO.
Q: SO PHOTOGRAPH C APPEARS TO BE AT APPROXIMATELY THE GRASSY AREA ON PHOTOGRAPH B.
A: YES, SIR.
Q: PHOTOGRAPH D SHOWS US WHAT?
A: THAT’S THE FIRE STATION, CORONADO CAYS FIRE STATION, AND THIS IS THE PARKING LOT HERE.
Q: PARKING LOT THAT’S BETWEEN THE FIRE STATION AND THE CAMERA PERSON?
A: YES, SIR.
Q: THANK YOU, SIR.
ARE YOU ABLE TO TELL US ABOUT WHAT TIME YOU GOT TO THE CAYS?
A: ABOUT 2:46 A.M.
Q: WHAT DID YOU SEE?
A: I SAW A LARGE MOTOR HOME AS WELL AS A SMALL TRUCK PARKED IN VIOLATION OF THE SIGNS JUST AS HAD BEEN ADVISED TO ME BY DISPATCH.
Q: DID THE CAR APPEAR TO BE PARKED ADJACENT TO OR WITH THE MOTOR HOME?
A: YES, SIR.
Q: DID YOU SEE ANYBODY ELSE PARKED THERE?
A: NO, SIR.
Q: WHAT DID YOU DO?
A: I EXITED MY VEHICLE, NOTIFIED DISPATCH I WAS MAKING CONTACT, AND I APPROACHED THE VEHICLE VIA THE PASSENGER SIDE OF THE MOTOR HOME?
Q: ON FOOT?
A: YES, SIR.
Q: WHEN YOU GOT UP THERE, WHAT DID YOU DO?
A: I KNOCKED ON THE REAR OF THE MOTOR HOME.
Q: ON THE DOOR OR SOMETHING ELSE?
A: THE REAR KIND OF QUARTER PANEL OF THE VEHICLE.
Q: WHY DID YOU KNOCK THERE INSTEAD OF ON THE DOOR?
A: BECAUSE I FELT IT WAS SAFER FOR ME TO TACTICALLY APPROACH IT FROM THERE, SEEING HOW I WAS OUT THERE BY MYSELF.
Q: DID YOU GET ANY RESPONSE?
A: NOT AT FIRST. I KNOCKED MULTIPLE TIMES. BUT NO RESPONSE.
Q: THEN WHAT HAPPENED?
A: THEN I STARTED TO SEE AND FEEL IF THE MOTOR HOME WAS MOVING. AND SO THEN I SAW LIGHTS TURN ON AND A WHITE MALE ADULT EXITED OUT OF THE PASSENGER SIDE.
Q: CAN YOU DESCRIBE HIM?
A: OLDER WHITE MALE ADULT. I WOULD SAY APPROXIMATELY SIX, SIX FOOT TO ABOUT SIX FOOT TWO, SIX FOOT THREE, WEARING GLASSES, BALDING, GRAY HAIR.
Q: WHAT DO YOU MEAN BY OLDER?
THE COURT: YOU’RE ON DANGEROUS TURF HERE.
THE WITNESS: OLDER THAN MYSELF.
BY MR. DUSEK:
Q: HOW OLD ARE YOU?
A: DO YOU WANT THE ANSWER, SIR?
Q: CAN YOU ESTIMATE ABOUT HOW OLD HE WAS?
A: OH, I WOULD BE WILLING TO SAY MAYBE IN HIS FIFTIES OR SIXTIES.
Q: OKAY.
WHAT DID YOU DO?
A: I INTRODUCED MYSELF, TOLD HIM WHY I WAS THERE, THAT HE WAS PARKED IN VIOLATION OF THE SIGNS. AND I REQUESTED IDENTIFICATION FROM HIM.
Q: DID HE GIVE YOU I.D.?
A: YES, HE DID.
Q: IN WHAT NAME?
A: CECIL HALTERMAN.
Q: DID HE SAY WHERE HE WAS FROM?
A: HE STATED HE WAS HERE TO SEE —
MR. FELDMAN: OBJECTION. HEARSAY.
THE COURT: I THINK THE QUESTION WAS WHERE HE WAS FROM. CORRECT?
MR. DUSEK: YES.
THE COURT: I’LL SUSTAIN THE OBJECTION.
REPHRASE THE QUESTION.
BY MR. DUSEK:
Q: DID YOU GET A CHANCE TO LOOK AT HIS LICENSE PLATES?
A: YES, I DID.
Q: WHERE WERE THEY FROM?
A: ONE OF THE LICENSE PLATES WAS FROM IOWA. I DISTINCTLY REMEMBER THAT BECAUSE IT’S NOT VERY OFTEN I SEE IOWA PLATES. AND THE OTHER PLATE WAS IN CALIFORNIA I BELIEVE.
Q: IOWA PLATE WAS ON WHICH VEHICLE?
A: THE MOTOR HOME.
Q: DID YOU SPEAK WITH HIM?
A: YES, SIR.
Q: WHAT DID YOU TELL HIM?
A: I TOLD HIM HE WAS IN VIOLATION OF SIGNS AND THAT I NEEDED HIM TO MOVE HIS VEHICLE SO THAT WE WOULD IN DUE COURSE HAVE TO CITE HIM AND/OR TOW HIM.
Q: WHAT WAS HIS ATTITUDE WITH WHAT YOU WERE TELLING HIM?
A: HE WAS VERY COOPERATIVE WITH ME. HE STATED HE DIDN’T SEE THE SIGNS.
MR. FELDMAN: OBJECTION. WHAT THE WITNESS IS SAYING IS HEARSAY, UNRESPONSIVE.
THE COURT: OVERRULED.
FINISH YOUR ANSWER, OFFICER.
THE WITNESS: HE STATED HE DIDN’T SEE THE SIGNS WHEN HE HAD PULLED INTO THE PARKING LOT. HE STATED HE NEGLECTED TO BE ABLE TO GET DOWN TO THE PARK QUICK ENOUGH TO BE INSIDE BEFORE IT CLOSED.
MR. FELDMAN: OBJECTION. HEARSAY. MOTION TO STRIKE.
THE COURT: OVERRULED.
NEXT QUESTION.
BY MR. DUSEK:
Q: WHAT DID YOU DO ONCE HE GAVE YOU THAT EXPLANATION, OFFICER?
A: I SAID OKAY, THAT’S FINE. I ASKED HIM WHY HE WAS IN CORONADO.
Q: DID HE TELL YOU WHY?
A: YES, HE DID.
Q: DID YOU SHOW HIM ANYTHING?
A: YES, SIR.
Q: WHAT DID YOU SHOW HIM?
A: I SHOWED HIM THE SIGNS. I WALKED HIM OVER AND SHOWED HIM THE SIGNS.
Q: THE SIGNS WERE FOR WHAT?
A: NO PARKING.
Q: WHAT HAPPENED THEN?
A: WE WENT BACK OVER TO MY VEHICLE. HE SAID ONCE AGAIN HE APOLOGIZED AGAIN FOR PARKING THERE. AND I JUST REQUESTED THAT HE MOVE HIS VEHICLE TO A PUBLIC PARKING PLACE.
Q: DID HE?
A: YES.
Q: HOW DO YOU KNOW?
A: BECAUSE I TOLD HIM TO GO AHEAD AND MOVE IT AND I WOULDN’T CITE HIM AND I WOULD RETURN LATER AND IF HE WAS STILL THERE, THEN WE WOULD TAKE UP MATTERS THEN.
Q: YOU DIDN’T GIVE HIM A TICKET?
A: NO, SIR.
Q: DID YOU RETURN LATER?
A: YES, I DID.
Q: WAS HE THERE?
A: NO.
Q: DID YOU SEE ANY OTHER MOTOR VEHICLES PARKED IN THAT AREA?
A: NO.
Q: HAVE YOU SEEN THE GUY SINCE?
A: YES, I HAVE.
Q: ABOUT HOW LONG AGO?
A: APPROXIMATELY A MONTH AGO, SIR.
Q: WHERE?
A: ACTUALLY ON THE SAME STREET THAT HE HAD INITIALLY TOLD ME HE HAS A FAMILY MEMBER WHO LIVES DOWN IN THE CORONADO CAYS. AND IT WAS A CIVIL DISPUTE —
MR. BOYCE: OBJECTION. HEARSAY. RELEVANCE.
THE COURT: OVERRULED.
THE ANSWER IS CONCLUDED, HOWEVER. NEXT QUESTION.
/ / /
BY MR. DUSEK:
Q: DO YOU RECALL WHAT STREET IT WAS IN THE CAYS, SIR?
A: TRINIDAD BEND.
Q: DID YOU CHAT WITH HIM ON THAT OCCASION?
A: YES, I DID.
Q: ABOUT HOW LONG AGO WAS THAT?
A: THAT WAS APPROXIMATELY A MONTH AGO.
Q: THE INDIVIDUAL THAT YOU ASKED TO MOVE THERE IN THE CAYS, WAS THAT THE DEFENDANT IN THIS CASE, DAVID WESTERFIELD?
A: NO, SIR.
Q: ARE YOU SURE?
A: I’M POSITIVE, SIR.
Q: THE MOTOR HOME THAT HE WAS IN, WAS IT THAT — THIS MOTOR HOME THAT WE HAVE DEPICTED IN COURT’S EXHIBIT 49 LABELED AT THE TOP “1997 SOUTHWIND MOTOR HOME,” ROMAN NUMERAL ONE?
A: NO, SIR.
MR. DUSEK: THANK YOU, SIR.
THE COURT: CROSS-EXAMINATION.

CROSS-EXAMINATION
BY MR. FELDMAN:
Q: GOOD AFTERNOON, SIR.
A: GOOD AFTERNOON.
Q: DID YOU PREPARE ANY REPORTS IN CONNECTION WITH YOUR INVESTIGATION?
A: YES, SIR.
Q: DID YOU PREPARE THE REPORTS — OR WAS THE REPORT OR REPORTS?
A: ONE REPORT, SIR.
Q: DID YOU PREPARE THAT AT A TIME WHEN THE EVENTS WERE FRESHER IN YOUR MIND THAN THEY ARE TODAY?
A: YES, I DID.
Q: DID YOU REVIEW THE REPORT TO INSURE THAT IT WAS ACCURATE?
A: YES, SIR, I DID.
Q: DID YOU REVIEW THE REPORT TO INSURE THAT IT INCLUDED ALL DETAIL THAT YOU BELIEVED TO BE SIGNIFICANT IN CONNECTION WITH YOUR ACTIVITIES ON THIS DATE?
A: YES, I DID.
Q: AND THE REASON YOU PREPARED THE REPORT IS BECAUSE YOU’RE TRAINED TO PREPARE REPORTS, ISN’T THAT RIGHT?
A: YES, SIR.
Q: AND THE REASON YOU’RE TRAINED TO PREPARE REPORTS IS TO MEMORIALIZE EVENTS CONTEMPORANEOUSLY WITH YOUR OBSERVATIONS, ISN’T THAT CORRECT?
A: YES.
Q: BUT THIS REPORT WASN’T PREPARED CONTEMPORANEOUSLY, WAS IT?
A: NO, SIR.
Q: IT WAS PREPARED ON MARCH THE 2ND, IS THAT RIGHT?
A: YES, SIR.
Q: IT’S ALMOST A MONTH OR SO AFTER YOUR ACTIVITY, ISN’T THAT RIGHT?
A: YES, SIR.
Q: WEREN’T YOU ASKED TO WRITE THIS REPORT?
A: YES, I WAS, SIR.
Q: DID A SAN DIEGO POLICE DEPARTMENT DETECTIVE REQUEST YOU TO WRITE A REPORT?
A: YES, SIR.
Q: WAS THAT BEFORE OR AFTER YOU HAD BEEN INTERVIEWED BY LAW — SAN DIEGO P. D. LAW ENFORCEMENT CONCERNING ANY ACTIVITIES YOU MAY HAVE ENGAGED IN AT THE CAYS THAT NIGHT?
A: I HAD NEVER BEEN INTERVIEWED. HE JUST REQUESTED I WRITE THE REPORT, SIR.
Q: AND DID YOU THEN WRITE THE REPORT?
A: YES, SIR.
Q: ON YOUR ACTIVITY THAT YOU TESTIFIED TO, THEY BASICALLY INVOLVE FEBRUARY THE 4TH EARLY MORNING HOURS, IS THAT RIGHT?
A: YES, SIR.
Q: WERE YOU TAKING NOTES?
A: YES, SIR.
Q: YOU GOT COPIES OF YOUR NOTES?
A: NO, SIR.
Q: WHAT HAPPENED TO THEM?
A: I USUALLY WRITE MAYBE A PLATE DOWN IN MY NOTEBOOK; AND ONCE THE NOTEBOOK IS FULL, I TOSS IT.
Q: SO WITH REGARD TO YOUR REPORT, THOUGH, YOU DIDN’T OR DID INCLUDE YOUR NOTES IN THE REPORT YOU DRAFTED?
A: ALL I TOOK DOWN WAS THE VEHICLE’S — PROBABLY TOOK DOWN THE VEHICLE’S PLATE AND MAYBE HIS LAST NAME.
Q: NOW, IF I UNDERSTAND CORRECTLY, THE REASON YOU WENT TO THE CAYS WAS BECAUSE YOU WERE TOLD THAT THERE WAS A MOTOR HOME ILLEGALLY PARKED IN A PARKING LOT. IS THAT RIGHT?
A: YES, SIR.
Q: YOU WEREN’T TOLD THERE WERE MULTIPLE MOTOR HOMES, WERE YOU?
A: NO, SIR.
Q: YOU WERE JUST TOLD THERE WAS A SINGLE MOTOR HOME, IS THAT RIGHT?
A: YES, SIR.
Q: AND THEN YOU WENT AS YOU DESCRIBED ON DIRECT EXAMINATION TO THE AREA OF A PARKING LOT. IS THAT RIGHT?
A: YES, SIR.
Q: AND YOU FOUND A MOTOR HOME, IS THAT RIGHT?
A: YES, SIR.
Q: YOU APPROACHED THE DRIVER OF THAT SINGLE MOTOR HOME, IS THAT RIGHT?
A: NO, SIR. I APPROACHED VIA THE PASSENGER SIDE.
Q: OKAY.
SOMEHOW YOU GOT ATTENTION OF THE PEOPLE INSIDE. IS THAT RIGHT?
A: YES, SIR. YES, SIR.
Q: AND THEN YOU HAD WHATEVER COMMUNICATION YOU HAD WITH THEM, AND THEY MOVED OFF, RIGHT?
A: YES, SIR.
Q: WHAT WOULD YOU ESTIMATE TO BE THE TOTAL AMOUNT OF TIME YOU SPENT?
A: OFF THE TOP OF MY HEAD I WOULDN’T KNOW, SIR. IF I COULD LOOK AT MY REPORT, I HAVE TIMES WHERE I CAN LOOK AT THAT.
Q: IF YOU FEEL THAT THAT WOULD REFRESH YOUR RECOLLECTION, PLEASE.
A: YES, SIR.
SIR, IT SHOWS THAT APPROXIMATELY 2:46 I ARRIVED ON SCENE. AND I LEFT SCENE AT APPROXIMATELY 0303 A.M.
Q: THAT’S ABOUT SEVENTEEN MINUTES, FAIR?
A: YES, SIR.
Q: AND IN THAT SEVENTEEN-MINUTE PERIOD OF TIME YOU ARRIVED, GOT OUT, PARKED YOUR UNIT, GOT OUT, TALKED TO THE GUY, SAW HIM OFF, AND LEFT, IS THAT RIGHT?
A: I DIDN’T SEE HIM LEAVE, SIR.
Q: WHAT DID YOU DO — DID YOU LEAVE BEFORE HE LEFT?
A: HE SAID I NEED TO WARM THE MOTOR HOME UP. SO I SAID THAT’S FINE. JUST — I’LL COME BACK AND CHECK. JUST AS LONG AS YOU LEAVE.
Q: AND YOU TRUSTED HIM TO DO THAT?
A: YES, SIR.
Q: I WOULD LIKE TO DIRECT YOUR ATTENTION TO THE CHART THAT’S BEHIND YOU, 71 I THINK. CAN YOU SHOW US OR WAS THE CHART — I GUESS YOU TOLD US WE DON’T SEE THE PARKING LOT. IS THAT RIGHT?
A: NO.
Q: ON 71.
A: NOT ON EITHER ONE OF THESE PHOTOS, NO, SIR.
Q: YOU SAID THESE PHOTOS. YOU WERE REFERRING TO A AND B ON 71.
A: YES, SIR.
Q: BUT YOU DO SEE THE PARKING LOT APPARENTLY IN 72-B, C, AND D. IS THAT RIGHT?
A: THAT IS CORRECT, SIR.
Q: THE CAYS, THERE’S A LOT OF STREETS IN THE CAYS, AREN’T THERE?
A: YES, THERE ARE, SIR.
Q: THE PEOPLE THAT RESIDE IN THE CAYS, THEY ARE FAIRLY WEALTHY, AREN’T THEY?
A: YES, SIR.
Q: THERE’S A LARGE NUMBER OF MOTOR HOMES IN THE CAYS, AREN’T THERE?
A: I WOULDN’T BE WILLING TO SAY THAT, NO, SIR.
Q: HAVE YOU DRIVEN THE CAYS FOR THE SPECIFIC PURPOSE OF DETERMINING HOW MANY MOTOR HOMES ARE IN THAT AREA? HAVE YOU, SIR?
A: NO, SIR, I HAVEN’T.
Q: IN FACT, IT’S NOT SOMETHING YOU ROUTINELY PAY ATTENTION TO, ISN’T THAT CORRECT?
A: NOT UNLESS I’M CALLED UPON.
Q: IN FACT, ON THIS PARTICULAR OCCASION, YOU CHECKED THE AREA OF THE IMMEDIATE VICINITY AS YOU WERE REQUESTED TO DO, ISN’T THAT CORRECT?
A: THAT IS CORRECT, SIR.
Q: YOU DID NOT DRIVE EVERY SINGLE STREET, DID YOU?
A: NO, I DIDN’T SIR.
(DISCUSSION OFF THE RECORD BETWEEN MR. FELDMAN
AND MR. BOYCE.)
BY MR. FELDMAN:
Q: BUT YOU WROTE IN YOUR REPORT NO OTHER MOTOR HOMES WERE OBSERVED IN THE CORONADO CAYS EXCEPT FOR THE MOTOR HOME BELONGING TO THE RESIDENTS WHO LIVED THERE. THOSE ARE YOUR WORDS, ISN’T THAT CORRECT, SIR?
A: YES, SIR.
Q: BUT HOW DO WE KNOW WHICH MOTOR HOMES BELONGED TO THE RESIDENTS IF YOU DIDN’T DRIVE AROUND THE AREA?
A: TRUE, SIR.
Q: PARDON ME?
A: YES.
Q: IN OTHER WORDS, YOU CAN’T REALLY SAY THAT YOU CHECKED THE AREA FOR ALL OTHER MOTOR HOMES. THAT’S A FAIR STATEMENT, ISN’T IT?
A: SIR, I CHECKED THE IMMEDIATE AREA BUT NOT THE WHOLE CORONADO CAYS, YES, SIR.
Q: AND WHEN YOU SAY THE IMMEDIATE AREA, YOU MEAN WITHIN A BLOCK OR SO.
A: YES, SIR. ENTERING, EXITING, AND THAT PARKING LOT.
MR. FELDMAN: THANK YOU VERY MUCH.
NO FURTHER.
THE COURT: ANYTHING FURTHER?
MR. DUSEK: YES.

REDIRECT EXAMINATION
BY MR. DUSEK:
Q: YOU WERE ASKED TO WRITE A REPORT SOME TIME AFTER THE INCIDENT ON THE 4TH.
A: YES, SIR.
Q: THE NIGHT THAT YOU DID THIS WASN’T WORTH A REPORT?
A: NO, SIR.
Q: WHY NOT?
A: WE DON’T DO A REPORT FOR A PARKING VIOLATION UNLESS SOMETHING ELSE MAJOR HAPPENS.
Q: AT SOME OTHER TIME YOU WERE ASKED TO WRITE UP WHAT HAPPENED THAT DAY.
A: YES, SIR.
Q: AND FROM WHAT YOU’VE TOLD US HERE IN COURT TODAY, IS THAT YOUR MEMORY OF WHAT HAPPENED?
A: YES, SIR, IT IS.
Q: DOWN IN THE CAYS DO THEY HAVE A GATE GUARD?
A: YES, THEY DO.
Q: THERE ALL NIGHT?
A: YES, THEY ARE.
Q: DO THEY HAVE ANY SECURITY THERE, PRIVATE SECURITY?
A: THE GATE GUARD IS PART OF THE SECURITY. THEY USUALLY HAVE A TWO-MAN TEAM.
Q: IS THERE SOME SECURITY PERSON THAT DRIVES THROUGH THE CAYS?
A: YES. THEY USUALLY HAVE A ROVER AND ONE PERSON SITTING AT THE GATE THAT I POINTED OUT.
Q: AND HAVE YOU BEEN CALLED DOWN THERE IN THE PAST TO ASK PEOPLE TO MOVE THEIR MOTOR HOME?
A: MOTOR HOME, NO, SIR.
Q: ALL RIGHT.
BUT ON THIS OCCASION SOMEBODY CALLED YOU TO THE CAYS BECAUSE OF THE ILLEGAL PARKING.
A: YES. THE R.P. WAS THE CORONADO CAYS SECURITY WHICH WAS THE GUARD.
Q: R.P. MEANS WHAT?
A: REPORTING PARTY.
MR. DUSEK: THANK YOU, SIR.
THE COURT: ANYTHING FURTHER?
MR. FELDMAN: THANK YOU, NO.
THE COURT: IS THIS OFFICER TO BE EXCUSED?
MR. FELDMAN: NO OBJECTION, YOUR HONOR.
MR. DUSEK: THAT’S FINE.
THE COURT: OFFICER, THANK YOU VERY MUCH FOR COMING IN. YOU ARE FREE TO LEAVE.
REMEMBER THE ADMONITION NOT TO DISCUSS YOUR TESTIMONY WITH ANYONE UNTIL THE MATTER IS CONCLUDED.
THE WITNESS: YES, SIR.
THE COURT: THANK YOU.
(THE WITNESS WAS EXCUSED.)
MR. DUSEK: JULIE MILLS.

JULIE MILLS,
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: JULIE MILLS. J-U-L-I-E M-I-L-L-S.

DIRECT EXAMINATION
BY MR. DUSEK:
Q: MISS OR MISSUS?
A: MISS.
Q: MISS MILLS, DO YOU WORK?
A: YES.
Q: WHAT TYPE OF WORK DO YOU DO?
A: I WORK IN A DRYCLEANER’S.
Q: WHERE IS THE DRYCLEANER’S LOCATED?
A: POWAY.
Q: DOES IT HAVE A NAME?
A: TWIN PEAKS DRYCLEANERS.
Q: ITS ADDRESS, PLEASE.
A: I REALLY DON’T KNOW. I HAVEN’T — I DON’T KNOW.
Q: HOW LONG HAVE YOU WORKED THERE?
A: TWELVE YEARS. I HAVE NEVER HAD TO LOOK AT THE ADDRESS. I DON’T KNOW.
Q: DO YOU THINK IF I SHOWED YOU A PICTURE YOU WOULD RECOGNIZE IT?
A: YES.
Q: I HAVE HAD MARKED AS COURT’S EXHIBIT 73 A PHOTO DISPLAY BOARD LABELED AT THE TOP “TWIN PEAKS CLEANERS, 14891 TWIN PEAKS ROAD.”
A: THANK YOU.
(PHOTOBOARD CONTAINING ONE PHOTOGRAPH MARKED
TRIAL EXHIBIT NUMBER 73 FOR IDENTIFICATION.)
BY MR. DUSEK:
Q: DO YOU RECOGNIZE WHAT WE HAVE DEPICTED HERE, MISS MILLS?
A: YES, I DO.
Q: WHAT IS IT?
A: IT’S THE DRYCLEANER’S.
Q: DESCRIBE THE AREA IN WHICH IT IS.
A: IT’S IN A SHOPPING MALL. HAS ALBERTSON’S AND WHATNOT. IT’S ON POMERADO ROAD IN POWAY.
Q: INTERSECTION OF POMERADO AND TWIN PEAKS?
A: AND TWIN PEAKS.
Q: IN THE ENTIRE TIME YOU HAVE BEEN WORKING FOR THIS CLEANER’S, HAS IT BEEN AT THAT LOCATION?
A: YES.
Q: WHAT DO YOU DO FOR THE CLEANER’S?
A: I’M CUSTOMER SERVICE. I TAKE CARE OF ORDERS AND GIVE THEM THEIR ORDERS WHEN THEY’RE FINISHED.
Q: DO YOU WAIT ON —
A: I ALSO DO TYPING. I’M SORRY. I TYPE IN THEIR ORDERS IN THE COMPUTER.
Q: DO YOU WAIT ON THE CUSTOMERS —
A: YES, I DO.
Q: — AS THEY COME IN?
A: YES.
Q: LET ME DIRECT YOUR ATTENTION BACK TO A MONDAY, FEBRUARY 4TH. WERE YOU WORKING THAT DAY?
A: YES.
Q: WHAT TIME DO YOU START?
A: I START AT 6:30, BUT I GET IN AT 6:15 A.M.
Q: SO YOU ARRIVE AT THE STORE AT 6:15?
A: YES.
Q: WHAT TIME DOES THE STORE OPEN UP?
A: 6:30.
Q: AND IT GOES HOW LATE?
A: UNTIL 7:00 P.M., MONDAY THROUGH FRIDAY. AND THEN —
Q: WHO OPENED IT? I’M SORRY. WHO OPENS IT UP TYPICALLY WHEN YOU’RE WORKING?
A: I OPEN EVERY DAY.
Q: WHEN YOU ARRIVE AT 6:15 OR SO, ARE THERE ANY OTHER EMPLOYEES AROUND?
A: NOT UNTIL 7:30, NO.
Q: SO YOU’RE BY YOURSELF ‘TIL THEN?
A: YES.
Q: THAT MORNING DID YOU GREET A CUSTOMER THAT YOU WERE FAMILIAR WITH?
A: YES, I DID.
Q: ABOUT WHAT TIME?
A: BETWEEN 7:00 AND 7:30.
Q: WHY DO YOU SAY BETWEEN 7:00 AND 7:30, MA’AM?
A: BECAUSE NO EMPLOYEES WERE THERE YET, AND THEY START AT 7:30.
Q: WHO DID YOU GREET?
A: MR. WESTERFIELD.
Q: DO YOU SEE HIM IN COURT TODAY?
A: YES, I DO.
Q: WOULD YOU POINT HIM OUT, PLEASE, AND DESCRIBE WHAT HE’S WEARING TODAY.
A: HE’S OVER THERE WITH A GRAY SUIT AND A DARK TIE.
THE COURT: THE RECORD WILL REFLECT IDENTIFICATION.
BY MR. DUSEK:
Q: HOW DO YOU KNOW HIM?
A: HE’S BEEN A CUSTOMER OF OURS FOR A LONG TIME.
Q: DID YOU KNOW HIS NAME AT THAT TIME?
A: YES, I DID.
Q: WHAT NAME DID YOU KNOW HIM BY?
A: MR. WESTERFIELD.
Q: IS THAT WHAT YOU CALLED HIM OR DID YOU CALL HIM BY HIS FIRST NAME?
A: NO. I DON’T REALLY GREET PEOPLE WITH THEIR NAMES. I JUST SAY HI, HOW ARE YOU.
Q: SO YOU RECOGNIZED HIM?
A: YES.
Q: DO YOU REMEMBER WHAT HE WAS WEARING?
A: YES, I DO.
Q: WHAT?
A: I DON’T REMEMBER THE COLOR, BUT I REMEMBER HIM WEARING A VERY THIN TEESHIRT, NO SHOES, NO SOCKS THAT MORNING. HE WAS WEARING VERY THIN BOXER-TYPE SHORTS. I DON’T KNOW WHAT KIND THEY ARE, BUT THEY WERE VERY THIN. I REMEMBER IT WAS VERY COLD THAT MORNING.
Q: WHAT DO YOU MEAN BY A THIN TEESHIRT?
A: VERY THIN MATERIAL.
Q: THIN SO THAT YOU COULD KIND OF SORT OF SEE THROUGH IT OR SOME OTHER —
A: NO. JUST REAL LIGHT, LIGHT MATERIAL.
Q: AND WHEN YOU TALKED ABOUT THE SHORTS, BOXER SHORTS LIKE UNDERWEAR OR SOMETHING ELSE?
A: I DON’T KNOW WHAT MEN WEAR. JUST REGULAR MAYBE JOGGING SHORTS OF SOME KIND. I DON’T KNOW WHAT THEY WERE, BUT I REMEMBER THEY WERE VERY THIN, LIKE BOXER SHORTS. THE MATERIAL WAS VERY THIN.
Q: AND ON HIS FEET?
A: NOTHING.
Q: HOW COLD OUT WOULD YOU SAY IT WAS?
A: VERY COLD. IT WAS EARLY IN THE MORNING, SO IT WAS VERY COLD.
Q: HAD YOU SEEN HIM EVER COME TO THE STORE DRESSED LIKE THAT BEFORE?
A: NO, I HAVE NOT.
Q: HOW ABOUT HIS PHYSICAL CONDITION, THE WAY HE WAS PUT TOGETHER; HOW WAS HE —
A: I’M SORRY? AS FAR AS —
Q: HOW DID HE APPEAR, HIS PERSON?
A: HE APPEARED TIRED. NOT — VERY DISTANT. NOT WANTING TO TALK VERY MUCH.
MR. FELDMAN: FOUNDATION. OBJECTION.
THE COURT: OVERRULED.
BY MR. DUSEK:
Q: IN THE PAST HAVE YOU HAD CONVERSATIONS WITH HIM?
A: YES, I HAVE.
Q: HOW DOES HE APPEAR IN THE PAST?
A: OH, VERY TALKATIVE. VERY — HE SMILED A LOT. HE CAN HOLD CONVERSATIONS.
Q: AND ON THIS OCCASION HOW DID HE —
A: HE WAS THE VERY OPPOSITE. HE WOULD NOT TALK TO ME. HE WAS VERY DISTANT. HE WOULDN’T LOOK AT ME EYE TO EYE.
Q: WHAT DO YOU MEAN BY THAT?
A: NO EYE CONTACT BETWEEN THE TWO OF US. I WOULD LOOK AT HIM, BUT HE WOULD NOT LOOK BACK. HE WAS LOOKING DOWN AT THE —
Q: AND YOU JUST INDICATED LOOKING DOWN AT THE TABLE.
A: YES. LOOKING DOWN AT THE COUNTER.
Q: HOW DID HE GET THERE TO THE CLEANER’S?
A: IN HIS MOTOR HOME.
Q: HOW DO YOU KNOW?
A: BECAUSE IT WAS PARKED RIGHT OUT FRONT THE DOOR —
Q: YOU COULD SEE IT?
A: — OF THE DRYCLEANER’S.
YEAH.
Q: WERE THERE ANY OTHER CARS PARKED OUT THERE?
A: NO, THERE WERE NOT.
Q: HAD YOU EVER SEEN HIM IN HIS MOTOR HOME BEFORE?
A: NO, I HAVE NOT.
Q: HAS HE EVER BROUGHT TO YOUR KNOWLEDGE ANY DRYCLEANING TO YOUR BUSINESS IN HIS MOTOR HOME EXCEPT ON THIS —
A: NOT TO MY —
Q: — EXCEPT ON THIS OCCASION?
A: NOT TO MY KNOWLEDGE.
Q: WHAT DOES HE USUALLY DRIVE?
A: SOME KIND OF, I DON’T KNOW, SUBURBAN OR — I DON’T KNOW.
Q: COLOR?
A: THE REGULAR COLOR HE DRIVES?
Q: YES.
A: I REALLY DON’T REMEMBER. IT’S A DARK COLOR.
Q: WHAT DID HE SAY WHEN HE CAME INTO THE STORE?
A: HE DIDN’T SAY ANYTHING. I HAD TO MAKE UP THE CONVERSATION OR TRY TO.
Q: HOW DID YOU DO THAT?
A: GOOD MORNING. HOW ARE YOU.
Q: DID HE SAY HOW HE WAS?
A: NO, HE DID NOT.
Q: WHAT HAPPENED?
A: HE JUST LOOKED DOWN.
Q: EVENTUALLY DID HE GIVE YOU SOME DRYCLEANING?
A: YEAH. HE GAVE ME SOME DRYCLEANING. I REALLY DON’T REMEMBER THE EXCHANGE OF HIS GIVING HIS DRYCLEANING, BUT I REMEMBER TYPING WHAT IT WAS INTO THE COMPUTER.
Q: DID YOU MAKE RECORDS OF THAT, OF WHAT HE BROUGHT IN?
A: INTO THE COMPUTER.
Q: HOW LONG WOULD YOU ESTIMATE HE WAS INSIDE YOUR BUSINESS?
A: THAT MORNING? A FEW MINUTES. MAYBE FIVE, SIX MINUTES. IF THAT.
Q: MISS MILLS, LET ME SHOW YOU WHAT’S BEEN MARKED AS COURT’S EXHIBIT 74. LOOKS LIKE A RECEIPT-TYPE DOCUMENT. DO YOU RECOGNIZE THAT?
A: YES, I DO.
(COMPUTER PRINTOUT MARKED TRIAL EXHIBIT NUMBER 74
FOR IDENTIFICATION.)
BY MR. DUSEK:
Q: WHAT IS THAT?
A: IT’S A PRINTOUT OF WHAT HE HAD BROUGHT IN THAT MORNING.
Q: DOES IT INDICATE WHAT HE BROUGHT IN?
A: YEAH.
Q: WHAT?
A: SPORT JACKET.
Q: DO YOU REMEMBER ANYTHING ELSE ABOUT THAT SPORT JACKET?
A: I DON’T. NO.
Q: IS THERE A RECEIPT NUMBER ON THAT?
A: YES, THERE IS.
Q: WHAT’S THE RECEIPT NUMBER?
A: 54105.
Q: DOES THAT COME WHEN YOU PRINT UP THIS RECEIPT?
A: YEAH. AFTER I PRINT IT OUT.
Q: IS YOUR NAME ON THIS TO INDICATE THAT YOU WERE THE ONE THAT DID IT?
A: YES, IT IS.
Q: COULD YOU HOLD IT UP AND SHOW THE JURY WHERE THE NAME WOULD BE.
A: (THE WITNESS COMPLIED.)
Q: IT APPEARS TO BE AT THE TOP WHERE IT SAYS JULIE.
A: YES, IT DOES.
Q: AND THIS INDICATES THE ITEM ON THE RECEIPT WHERE IT SAYS JACKET.
A: YES.
Q: IS THERE A TIME TO INDICATE WHEN THIS DOCUMENT WAS PRINTED?
A: THE TIME IS ON THE RECEIPT, BUT IT’S NOT ACCURATE.
Q: WHAT IS THE TIME ON THE RECEIPT?
A: IT SAYS 9:44.
Q: THAT WOULD BE 9:44 IN THE MORNING?
A: A.M., YEAH.
Q: WHY DO YOU SAY THAT’S NOT ACCURATE?
A: BECAUSE THE PRINTER TO THE COMPUTER DOES NOT WORK PROPERLY, SO AT TIMES I WAS NOT PRINTING THE MINUTE PEOPLE WERE BRINGING THEM IN, BUT I WOULD WAIT UNTIL I HAD A CHANCE TO PRINT THE RECEIPTS THAT WE HAVE PUT INTO THE COMPUTER UNTIL A LITTLE BIT LATER.
Q: SO THE TIME ON THERE IS MEANINGLESS?
A: YES.
Q: DID HE BRING ANYTHING ELSE INTO THE CLEANER’S ON THIS EARLY MORNING TRIP?
A: A COUPLE OF COMFORTERS AND A COUPLE OF COVERS.
Q: DID YOU ALSO GENERATE A RECEIPT FOR THAT?
A: UH-HUH. YES, I DID.
Q: I’VE HAD MARKED AS COURT’S EXHIBIT 75 WHAT APPEARS TO BE ANOTHER RECEIPT FROM YOUR CLEANER’S. DO YOU RECOGNIZE THAT?
A: YES, I DO.
(COMPUTER PRINTOUT MARKED TRIAL EXHIBIT NUMBER 75
FOR IDENTIFICATION.)
BY MR. DUSEK:
Q: WHAT IS IT?
A: IT’S A RECEIPT TYPED WITH HIS TWO COVERS AND TWO COMFORTERS.
Q: WHAT DO YOU MEAN BY TWO COMFORTERS?
A: I HONESTLY DON’T REMEMBER EXACTLY WHAT THEY — COMFORTERS THAT COVER A BED OF SOME KIND.
Q: AND COVERS; WHAT DID YOU MEAN BY THAT?
A: COVER MORE OF A PILLOW-SIZE ITEM INSTEAD OF A BED-SIZE.
Q: ALL OF THESE ITEMS CAME IN ON THE ONE TRIP, THE BEDDING AND THE JACKET?
A: YES.
Q: IS THERE A TIME THAT THE RECEIPT FOR THE COMFORTERS AND COVERS SHOWS UP?
A: YES.
Q: WHAT TIME DOES THAT ONE SHOW?
A: THIS IS 10:53.
Q: SO THAT’S NOT EVEN THE SAME TIME AS THE OTHER RECEIPT.
A: NO.
Q: HOW DID THAT HAPPEN?
A: WELL, LIKE I SAID, THE PRINTER WAS NOT WORKING, SO I PUT THE — OH, I’M SORRY. I MADE A MISTAKE. I ACCIDENTALLY TYPED THESE ITEMS IN SOMEONE ELSE’ NAME OUT OF FRUSTRATION OF THE PRINTER NOT WORKING. AND THEN I REALIZED WHEN THIS PARTICULAR PERSON CAME IN FOR HER CLOTHES, I REALIZED THOSE DIDN’T BELONG TO HER. AND THEN I REMEMBERED THAT HE HAD BROUGHT THOSE IN.
Q: HE BEING MR. WESTERFIELD?
A: MR. WESTERFIELD, YEAH.
Q: WHEN HE BROUGHT IN THESE FIVE ITEMS, DID HE MAKE ANY SPECIAL REQUESTS FOR WHEN HE COULD GET THEM BACK?
A: NO, HE DID NOT.
Q: THE COPIES THAT WE HAVE THERE IN FRONT OF YOU, DO THEY APPEAR TO BE TRUE AND ACCURATE COPIES OF THE ORIGINALS?
A: NOT THE RECEIPTS WE GIVE THEM WHEN WE WRITE DOWN WHEN THEY CAN BRING THEM IN. I MEAN WHEN THEY CAN PICK UP. BUT THESE ARE FROM THE PRINTER WHEN WE PRINT OUT THE RECEIPTS, YES.
Q: AND WHO KEEPS THE ORIGINALS?
A: THE OWNER OF THE BUSINESS.
MR. DUSEK: THANK YOU, MA’AM.
THE COURT: ALL RIGHT.
CROSS-EXAMINATION.

CROSS-EXAMINATION
BY MR. FELDMAN:
Q: GOOD AFTERNOON, MA’AM.
A: HI.
Q: WITH REGARD TO THOSE RECEIPTS, HAS SOMEBODY TALKED TO YOU ABOUT THE DISCREPANCIES IN THE RECEIPTS BEFORE YOU CAME TO COURT?
A: I’M SORRY. THE DIFFERENCES AS IN TIMES AND WHATNOT?
Q: YES.
A: YES.
Q: WHO’S TALKED TO YOU ABOUT THAT?
A: BILL REICH. IS THAT RIGHT?
Q: WHO ELSE?
A: I DON’T BELIEVE ANYBODY ELSE.
Q: I’M SORRY. I THINK I JUST INTERRUPTED YOU. YOU SAID BILL REICH, AND I THOUGHT YOU LOOKED TO MR. DUSEK AND YOU SAID IS THAT RIGHT. IS THAT CORRECT?
A: NO. I’M JUST NOT GOOD WITH NAMES. I THINK IT’S MR. REICH.
Q: YOU THINK THIS IS MR. REICH?
A: YES.
Q: COULD BE.
HAD YOU PREVIOUSLY — HOW MANY YEARS HAVE YOU DONE BUSINESS WITH MR. WESTERFIELD?
A: I AM GOING TO HAVE TO SAY AN ESTIMATE OF EIGHT YEARS, MAYBE MORE.
Q: ALL RIGHT.
AND YOU TOLD US YOU NEVER — YOU CAN’T RECOLLECT WHAT KIND OF CAR HE WOULD USUALLY DRIVE IN, IS THAT RIGHT?
A: THAT’S RIGHT.
Q: AND SO YOU DON’T KNOW WHETHER ON OTHER OCCASIONS HE ACTUALLY BROUGHT HIS MOTOR HOME AND YOU JUST DIDN’T SEE IT?
A: I KNOW I HAVE NEVER SEEN HIM IN A MOTOR HOME. I KNOW THAT.
Q: YOU KNOW YOU’VE NEVER SEEN HIM IN IT, CORRECT?
A: RIGHT.
Q: BUT EVERY TIME HE CAME IN YOU WOULDN’T SEE WHAT VEHICLE HE DROVE, WOULD YOU?
A: HE USUALLY PULLED UP IN A VEHICLE, YES; AND IT WAS NOT A MOTOR HOME.
Q: SO IT’S YOUR TESTIMONY EVERY TIME HE CAME IN, YOU WOULD ALWAYS PAY AMOUNT OF ATTENTION OF THE CAR TO SEE WHAT KIND OF CAR DAVID WAS DRIVING?
A: YES. I WOULD LOOK OUT THE WINDOW.
Q: WOULD YOU TREAT ALL YOUR CUSTOMERS THAT WAY TO MAKE SURE YOU RECOGNIZE THEIR VEHICLES?
A: I WATCH WHO COMES IN, YES.
Q: THAT SHOPPING CENTER, HOW BIG A SHOPPING CENTER IS IT?
A: PRETTY BIG.
Q: YOU SAY PRETTY BIG.
A: IT’S BIG. I DON’T KNOW HOW BIG.
Q: WELL, COULD YOU TELL US WHAT’S IN IT, PLEASE.
A: THERE’S AN ALBERTSON’S IN THERE; THERE’S A COUPLE OF CHICKEN PLACES IN THERE TO EAT, A CARD SHOP, SOME KIND OF PANCAKE RESTAURANT, AND A CHINESE RESTAURANT. AND A TARGET AND A POSTAL ANNEX, A FEW OTHER SHOPS IN THERE I DON’T KNOW.
Q: SO THERE’S A LOT OF DIFFERENT —
A: UH-HUH.
Q: — STORES IN THAT PARTICULAR SHOPPING CENTER.
A: YES.
Q: AND SOMETIMES IS THERE MORE CARS THAN OTHERS?
A: YES.
Q: DOES MR. WESTERFIELD OR DID MR. WESTERFIELD HAVE A HABIT OR CUSTOM OF ALWAYS BRINGING IN HIS STUFF AT A PARTICULAR TIME?
A: USUALLY IT WOULD BE AFTERNOON. MAYBE AFTER 10:00 A.M. NEVER EARLIER THAN THAT.
Q: OKAY.
YOU INDICATED USUALLY AFTER 10:00 A.M. AND I JUST RANDOMLY LOOKING AT 75 AND, OF COURSE, YOU SEE THAT ON 75, —
A: M-HM.
Q: — THERE IS A TIME. RIGHT?
A: YES, THERE IS.
Q: AND THE TIME IS 10:53, RIGHT?
A: YES. IT SAYS THAT.
Q: AND AT 74, EVEN THOUGH YOU WERE ASKED THE QUESTION SO THE TIMES ARE MEANINGLESS, THE TIME IS 9:44, IS THAT RIGHT?
A: THAT’S RIGHT.
Q: WELL, CAN’T WE DRAW, THEN, SOME MEANING FROM THE FACT THAT THE TIMES ARE DIFFERENT IN THAT YOU WOULD HAVE AT LEAST RECORDED THE DATA AT DIFFERENT TIMES?
A: I’M SORRY? REPEAT THAT.
Q: GIVEN THAT WE’VE GOT A TIME DISCREPANCY THAT APPEARS TO BE AROUND AN HOUR, OKAY, —
A: M-HM.
Q: — CAN WE INFER FROM THAT THAT YOU MAY HAVE TYPED THE DATA, ‘CAUSE YOU SAID YOU TYPED THEM UP, —
A: UH-HUH.
Q: — ABOUT AN HOUR APART?
A: I COULD HAVE, YES.
Q: SO THERE IS SOME MEANING TO THE RECEIPT TIMES IN THAT IT RELATES TO WHEN YOU MIGHT HAVE INPUT THE DATA, IS THAT RIGHT?
A: YES.
Q: WHEN IS THE FIRST TIME ANY REPRESENTATIVE OF LAW ENFORCEMENT EVER SPOKE TO YOU CONCERNING ANYTHING HAVING TO DO WITH THIS CASE?
A: I DON’T REMEMBER EXACTLY WHAT DAY. IT COULD HAVE BEEN A COUPLE DAYS, MAYBE EVEN A DAY AFTER. I’M NOT SURE. AFTER FEBRUARY 4TH. I’M NOT REALLY SURE.
Q: YOU SAID A COUPLE OF DAYS. I JUST WANT TO — WHEN YOU SAY COUPLE, DO YOU MEAN TWO?
A: ONE TO TWO DAYS.
Q: ALL RIGHT.
AND WAS THAT A GUY NAMED OTT, DO YOU REMEMBER?
A: NO, I DON’T REMEMBER.
Q: DO YOU KNOW A DETECTIVE NAMED OTT?
A: YES, I DO.
Q: DOES HE COME AND DO BUSINESS WITH YOU?
A: YES, HE DID.
Q: AROUND THE SAME TIME?
A: AROUND THE SAME TIME?
Q: AS FEBRUARY 4TH.
A: I DON’T REMEMBER WHEN HE CAME IN.
Q: YOU DON’T REMEMBER.
DOES DETECTIVE OTT COME IN IN A CAR?
A: YES, HE DOES.
Q: DO YOU REMEMBER WHAT KIND OF CAR HE DRIVES?
A: NO, I DON’T. I HAVEN’T KNOWN HIM — I’M SORRY.
Q: WITH REGARD TO THE RECEIPTS THAT ARE 74 AND — I’M SORRY — 73 AND 74. THEY ARE RIGHT IN FRONT OF YOU. YOU JUST DON’T REMEMBER. 74 AND 75, 73 OR 74?
A: 74 AND 75.
Q: THEY HAVE DIFFERENT NUMBERS IN THE LEFT CORNER, DON’T THEY?
A: YES, THEY DO.
Q: WHAT IS THE NUMBER IN 73, PLEASE?
A: 74 AND 75.
Q: THANK YOU. 74.
A: OKAY. IT’S 54105.
Q: AND THEN THE ONE IN 75 IS WHAT?
A: 54129.
Q: WHAT MEANING, IF ANY, DO THOSE NUMBERS BEAR ON YOUR RECEIPTS, MA’AM?
A: WELL, WHEN THEY COME TO PICK UP THEIR CLOTHES AFTER THEY’VE BEEN CLEANED, WE GO BY THE — WE GO BY THEIR LAST NAME AND THAT COMES — THE NUMBER COMES UP ONTO THE COMPUTER. THAT’S THE ONLY IMPORTANCE OF IT. THERE’S REALLY NOTHING ELSE TO IT.
Q: SO IT’S NOT A QUESTION OF SEQUENCE, IS THAT RIGHT, —
A: YES.
Q: — MA’AM?
A: YES. IT DOES GO IN SEQUENCE.
Q: OKAY.
SO IF IT DOES GO IN SEQUENCE, THEN, CAN WE INFER BETWEEN 54105 AND 54129 THERE WERE TWENTY-FIVE ITEMS?
A: UH-HUH.
Q: YOU SAID UH-HUH.
A: YES. I’M SORRY.
Q: AND YOU DON’T KNOW WHAT THOSE TWENTY-FIVE ITEMS ARE.
A: NO, I DON’T.
Q: WERE ANY OF THEM MR. WESTERFIELD’S?
A: NO.
Q: DID YOU RECEIVE ANY COMMUNICATION FROM DETECTIVE OTT CONCERNING ANY ASPECT OF YOUR RECEIPT OF THESE PARTICULAR ITEMS OF EVIDENCE?
A: NO, I DID NOT. HE WAS A CUSTOMER OF MINE. AND WE JUST TALKED THAT KIND OF COMMUNICATION, JUST AS A CUSTOMER AND MYSELF. NOT CONCERNING THIS.
Q: OKAY.
SO YOU NEVER DISCUSSED WITH DETECTIVE —
A: NO.
Q: — OTT WHETHER OR NOT HE HAD ANYTHING TO DO WITH DAVID WESTERFIELD OR THE VAN DAM CASE.
A: I DON’T BELIEVE I DID.
Q: THEN WHO WAS THE FIRST OFFICER THAT CAME TO VISIT YOU, IF YOU RECALL, MA’AM?
A: I DON’T REMEMBER HIS NAME.
Q: BUT YOU REMEMBER THAT IT COULD HAVE BEEN A DAY OR TWO LATER, IS THAT RIGHT?
A: YES.
Q: IS THERE SOMEBODY IN YOUR BUSINESS NAMED KELLY BELOM?
A: YES.
Q: HAVE YOU TALKED WITH MISS BELOM CONCERNING THESE PARTICULAR ITEMS?
A: NOT ABOUT THESE ITEMS, NO.
Q: HOW ABOUT ANY INTEREST LAW ENFORCEMENT MAY HAVE SHOWN IN MR. WESTERFIELD?
A: WE WERE TALKING — WE WERE TALKING ABOUT NAMES. WE DON’T REMEMBER NAMES. BUT THAT’S ABOUT IT.
Q: SINCE THE 4TH OF FEBRUARY?
A: AS FAR AS MR. WESTERFIELD GOES?
Q: YES.
A: I’M SORRY. WHAT —
Q: WHAT I’M ASKING IS WHETHER YOU TALKED WITH KELLY BELOM WHO IS A CO-EMPLOYEE, RIGHT? —
A: YES.
Q: — BETWEEN FEBRUARY 4TH AND TODAY REGARDING ANY ASPECT OF MR. WESTERFIELD, THE CASE.
A: YES.
Q: YOU HAVE?
A: WE HAVE TALKED.
Q: AND WOULD YOU, MA’AM, WOULD YOU WATCH TELEVISION BETWEEN, SAY, FEBRUARY THE 4TH AND FEBRUARY THE 22ND?
A: YES.
Q: SO YOU WERE AWARE OF THE MEDIA INTEREST IN THE CASE, IS THAT RIGHT?
A: YES.
Q: AND WERE YOU AWARE OF THE MEDIA INTEREST IN THE CASE BEFORE LAW ENFORCEMENT TALKED TO YOU OR AFTER LAW ENFORCEMENT TALKED TO YOU OR WHEN?
A: AFTER LAW ENFORCEMENT HAD TALKED TO US.
Q: NOW, DO YOU RECALL THAT WITH REGARD TO THE ITEMS THAT WERE BROUGHT IN ON A PARTICULAR TICKET, WE GOT TWO TICKETS THERE, —
A: YES.
Q: — WAS THERE A BLACK TEESHIRT, A BLACK PAIR OF PANTS, AND A BLACK SWEATER IN A GARMENT BAG?
A: I DID NOT TAKE THAT ORDER.
Q: DID ANY DETECTIVE ASK YOU WHETHER OR NOT YOU TOOK AN ORDER INVOLVING A BLACK PAIR OF PANTS, A BLACK SWEATER, A BLACK TEESHIRT, AND A GARMENT BAG?
A: I DON’T REMEMBER IF THEY ASKED ME ABOUT THAT.
Q: DO YOU RECALL SPECIFICALLY DIRECTING YOUR ATTENTION NOW TO APPROXIMATELY FEBRUARY 6TH, AT 2:00 O’CLOCK IN THE AFTERNOON, DO YOU RECALL THAT A LAW ENFORCEMENT OFFICER WENT TO TALK TO YOU ON THAT DATE?
A: I REMEMBER A LAW ENFORCEMENT COMING TO TALK TO ME. I DON’T REMEMBER WHAT THE DATE WAS.
Q: OKAY.
DO YOU REMEMBER THAT THE OFFICER’S NAME MAY HAVE BEEN TERRANCE TORGERSEN?
A: SOUNDS FAMILIAR, BUT I DON’T REMEMBER.
Q: ALL RIGHT.
AND DO YOU RECALL TORGERSEN ASKING YOU IF SHE COULD — IF YOU COULD SHOW HIM THE ITEMS THAT WERE BROUGHT IN ON THE TICKET THAT APPARENTLY IS NOW MARKED 74?
A: I’M SORRY. CAN YOU REPEAT THAT?
Q: DID TORGERSEN ASK YOU WHETHER OR NOT YOU COULD SHOW HIM THE ITEMS THAT WERE MEMORIALIZED ON THE TICKET THAT’S NOW COURT’S EXHIBIT 74?
A: I DON’T REMEMBER IF HE ASKED ANYTHING ABOUT THE ITEMS, NO.
Q: I HAVE TO ASK YOU THE SAME QUESTION AS TO 75. DO YOU RECALL IF TORGERSEN ASKED YOU ANYTHING CONCERNING THE ITEMS IN 75?
A: I DON’T REMEMBER HIM ASKING ME.
Q: DO YOU REMEMBER HIM TELLING YOU THAT HE ASKED — HE WANTED YOU TO HOLD ONTO THE ITEMS UNTIL HE WAS ABLE TO OBTAIN A COURT ORDER?
A: NO. I DON’T REMEMBER HIM TELLING ME THAT.
Q: IS IT YOUR TESTIMONY HE DID NOT MAKE THAT STATEMENT?
A: I DON’T REMEMBER HIM TELLING ME THAT.
Q: DID ANY POLICE OFFICER EVER ASK YOU TO SHOW HIM OR HER THE ITEMS THAT YOU HAD RECEIVED FROM MR. WESTERFIELD BEFORE THEY TOOK THEM FROM YOU?
A: WELL, I KNOW AS FAR AS THE COVERS AND COMFORTERS GO, BECAUSE THE MISTAKE, I COULDN’T SHOW HIM BECAUSE I DIDN’T REALIZE IT WAS IN SOMEONE ELSE’ NAME, SO WHEN THAT HAPPENED, I HAD TOLD THE OWNER, AND SHE HAD CONTACTED HIM AGAIN AT WHEREVER HE WAS OVER THE PHONE THAT I HAD MADE A MISTAKE AND THERE WERE MORE AT THE CLEANER’S FOR THEM.
Q: OKAY.
NOW, YOU JUST USED THE WORD MISTAKE. ARE YOU MAKING REFERENCE TO — I THINK YOU TOLD US ON DIRECT EXAMINATION SOMETHING HAVING TO DO WITH ANOTHER PERSON, ANOTHER CLIENT THAT HAD COME IN.
A: UH-HUH. YES.
Q: IS THAT MISTAKE —
A: THAT’S MY —
THE COURT: MA’AM, SEE THAT REPORTER DOWN THERE. I WANT HIM TO LIVE A LONG AND HEALTHY LIFE. AND I CAN’T HAVE BOTH OF YOU TALKING AT THE SAME TIME. MR. FELDMAN IS GOING TO ASK A COMPLETE QUESTION; AND WHEN HE DOES, THAT’S YOUR CUE TO ANSWER IT. BUT PLEASE DON’T KEEP INTERRUPTING HIM.
THE WITNESS: YES, YOUR HONOR.
THE COURT: ALL RIGHT. THANK YOU.
GO AHEAD, MR. FELDMAN.
BY MR. FELDMAN:
Q: DO YOU RECALL — OKAY. WHAT I WAS ASKING YOU WAS WITH REGARD TO THE MISTAKE THAT YOU MENTIONED ON DIRECT EXAMINATION, WAS THAT THE — WAS THE MISTAKE, I GUESS, YOUR CONFUSING ANOTHER CUSTOMER’S ITEMS WITH 75?
A: YES.
Q: DO YOU HAVE AN INDEPENDENT RECOLLECTION OF WHAT IT WAS MR. WESTERFIELD CHECKED IN?
A: I REMEMBER IT WAS A LARGE ITEM AS A COMFORTER, YES. AND A COUPLE COVERS, YES. I REMEMBER THAT. AND I DO REMEMBER HIM BRINGING IN A JACKET. I DON’T REMEMBER WHAT ANY OF IT LOOKED LIKE.
Q: ALL RIGHT.
SO WITH REGARD TO ANY, I DON’T KNOW, INFERENCES THAT YOU MIGHT HAVE SAID A BLACK TEESHIRT OR A BLACK PAIR OF PANTS OR A BLACK SWEATER, YOU DON’T HAVE A MEMORY OF THAT?
A: NO. I DON’T HAVE A MEMORY OF TAKING THOSE IN, BUT I DO KNOW IT WAS NOT ME THAT TOOK THOSE ITEMS IN.
Q: ALL RIGHT.
AND YOU KNOW THAT BECAUSE?
A: BECAUSE THE OTHER EMPLOYEE THAT WORKS THERE TOOK THEM IN. I DID NOT.
(DISCUSSION OFF THE RECORD BETWEEN MR. FELDMAN
AND MR. BOYCE.)
MR. FELDMAN: EXCUSE ME, YOUR HONOR.
(DISCUSSION OFF THE RECORD BETWEEN MR. FELDMAN
AND MR. BOYCE.)
(JUROR NUMBER 13 RAISED HER HAND.)
THE COURT: PEN. I THINK IT WAS THE PEN CUE. IT’S ONE OF THOSE COUNTY OF SAN DIEGO INK PENS THAT RUNS OUT OF INK OCCASIONALLY. BUT DON’T LET ANYBODY KNOW THAT.
BY MR. FELDMAN:
Q: WHEN YOU WERE INTERVIEWED BY LAW ENFORCEMENT, YOU WERE ASKED TO PROVIDE AS COMPLETE A DESCRIPTION OF MR. WESTERFIELD AS YOU POSSIBLY COULD, ISN’T THAT TRUE?
A: YES.
Q: THEY ASKED YOU, THE OFFICERS ASKED YOU TO TELL THEM COLOR OF THE SHIRT HE WAS WEARING, IS THAT RIGHT?
A: YES.
Q: WHETHER HE WAS WEARING SHOES.
A: YES.
Q: WHETHER HE HAD SOCKS ON.
A: YES.
Q: WHAT COLOR PANTS HE HAD ON.
A: YES.
Q: THE DETAILS, RIGHT?
A: YES.
Q: YOU DID NOT TELL LAW ENFORCEMENT THAT HE HAD NO SHOES ON, THOUGH, DID YOU?
A: I BELIEVE I DID SAY THAT.
Q: ALL RIGHT.
WITH REGARD TO THE SHOES OR NON-SHOES — I’M SORRY. LET ME SWITCH.
DID YOU TELL LAW ENFORCEMENT IN THE SAME DETAIL AS YOU GAVE US TODAY THAT IT WAS YOUR RECOLLECTION HE WAS WEARING A LIGHT TEESHIRT?
A: YES.
Q: WHEN YOU USE THE WORD LIGHT, THAT’S A FABRIC DESCRIPTION, THOUGH, ISN’T IT, AS OPPOSED TO COLOR?
A: YES.
Q: SO YOU DIDN’T MEAN LIGHT AS IN WHITE, BUT LIGHT AS IN FABRIC.
A: LIGHT AS IN FABRIC.
Q: SAME WITH, YOU KNOW, YOU DESCRIBED WEARING THE TEESHIRT, DIDN’T YOU?
A: YES.
Q: DO YOU RECALL NOW WHAT COLOR THE TEESHIRT WAS, MA’AM?
A: NO, I DO NOT.
Q: HAVE YOU TRIED TO RECOLLECT THAT?
A: NO. I HAVE NOT.
Q: HOW ABOUT THIS. DID IT HAVE ANY BLOOD ON IT?
A: I DON’T REMEMBER. I DON’T.
Q: IF IT WOULD HAVE HAD BLOOD ON IT, YOU WOULD HAVE REMEMBERED, WOULDN’T YOU?
A: OH, YES.
Q: IF ANY OF THE ITEMS HAD BLOOD ON IT, YOU WOULD HAVE SPOTTED IT, WOULDN’T YOU?
A: YES.
MR. FELDMAN: NO FURTHER QUESTIONS.
THE COURT: ANYTHING FURTHER?

REDIRECT EXAMINATION
BY MR. DUSEK:
Q: DID YOU HAVE A PACKET OF BLOOD FROM DANIELLE VAN DAM AT THE DRYCLEANER’S?
MR. FELDMAN: YOUR HONOR, THAT’S ARGUMENTATIVE.
THE WITNESS: NO, I —
MR. FELDMAN: OBJECTION.
THE COURT: SUSTAINED.
YOU NEED NOT ANSWER, MA’AM.
BY MR. DUSEK:
Q: DID YOU OR ANYBODY AT THE DRYCLEANER’S PLACE ANYTHING ON THE MERCHANDISE THAT MR. WESTERFIELD BROUGHT TO YOUR DRYCLEANER’S?
A: NO, WE DID NOT.
MR. BOYCE: VAGUE.
THE COURT: OVERRULED.
THE ANSWER WILL STAND.
BY MR. DUSEK:
Q: HAVE YOU HAD A CHANCE TO LOOK AT THE REPORTS THAT THE POLICE OFFICERS WROTE CONCERNING WHAT YOU TOLD THEM?
A: YES.
Q: DID YOU TELL THEM WHAT HE WAS WEARING?
A: YES.
Q: DO YOU HAVE A COPY OF THAT REPORT THERE IN FRONT OF YOU?
A: THIS ONE?
Q: I BELIEVE IT’S THE REPORT THAT’S DATED AT THE BOTTOM 2/6.
A: YES.
Q: IN THAT PARAGRAPH DID YOU TELL LAW ENFORCEMENT WHAT HE WAS WEARING?
A: YES.
Q: WHAT DID YOU TELL THEM?
A: I TOLD HIM HE WAS WEARING SHORT SHORTS, A SHIRT, AND NO SHOES.
Q: DID YOU TELL HIM WHAT COLOR IT WAS OR WHAT YOU KNEW ABOUT THE COLOR?
A: I DON’T BELIEVE I TOLD ANYONE ABOUT THE COLOR.
Q: DIDN’T YOU SAY I CAN’T REMEMBER WHAT COLOR THE SHORTS AND TEESHIRTS WERE?
A: YES. THAT’S CORRECT.
Q: DID YOU THEN GO ON AND SAY IT WAS REAL COLD AND YOU ASKED HIM ABOUT THAT?
A: YES, I DID.
Q: AND THAT HE DIDN’T ANSWER YOU, WHICH WAS KIND OF UNUSUAL?
A: YES.
Q: AND EVEN REGARDING THE GOOFUP ON THE RECEIPTS, YOU EXPLAINED THAT TO LAW ENFORCEMENT.
A: YES, I DID.
Q: AND THERE WAS A REPORT OF THAT, TOO, RIGHT?
A: YES.
Q: SO NOW IS NOT THE FIRST TIME YOU HAVE EVER MENTIONED IT, IS IT?
A: NO.
Q: THE MOTOR HOME THAT YOU SAW THE DEFENDANT ARRIVE IN OR AT LEAST COME FROM IN THE PARKING LOT, HOW BIG WAS THIS THING?
A: PRETTY BIG. I DON’T KNOW HOW BIG.
Q: DID IT FIT IN ANY OF THE PARKING SPOTS IN THE PARKING LOT?
A: IT DIDN’T LOOK LIKE IT COULD FIT, NO.
Q: HOW WAS HE PARKED OUT THERE?
A: RIGHT IN FRONT OF THE DRYCLEANER’S, SO I COULD SEE FROM ONE END TO THE OTHER.
Q: WAS HE PARKING ACROSS THE PARKING SPOTS OR WAS HE GOING WITH THE PARKING SPOTS?
A: HE WAS GOING WITH — RIGHT IN FRONT OF THE PARKING SPOTS, GOING STRAIGHT FROM ONE END TO THE OTHER, THE DRYCLEANER’S.
Q: LET ME DIRECT YOUR ATTENTION BACK TO 73. CAN YOU SEE ABOUT THE LOCATION WHERE HE WOULD HAVE HAD HIS MOTOR HOME PARKED?
A: IT’S RIGHT HERE. RIGHT BEHIND THIS CAR GOING STRAIGHT.
Q: ALL RIGHT.
AND WHERE YOU INDICATED THERE, LET ME GIVE YOU A RED FELT PEN AND DRAW IN THE APPROXIMATE LOCATION WHERE HIS MOTOR HOME WAS PARKED.
A: APPROXIMATELY THIS WAY.
Q: MAKE A BOX THERE SO WE CAN GET THE WHOLE IDEA.
A: JUST BOX IT?
Q: YES.
A: (THE WITNESS COMPLIED.)
Q: THANK YOU, MA’AM
WHAT HAPPENED TO THE MERCHANDISE THAT THE DEFENDANT BROUGHT IN TO YOUR STORE FOR DRYCLEANING?
A: WHAT HAPPENED TO THE MERCHANDISE?
Q: DID YOU GUYS GIVE IT TO SOMEBODY?
A: AFTER DRYCLEANING AND WHATNOT?
Q: YES.
A: YES.
Q: WHO DID YOU GIVE IT TO?
A: I REALLY DON’T KNOW. THE OWNER TOOK CARE OF THAT.
Q: YOU WEREN’T THERE WHEN SOMEBODY CAME BY TO PICK IT UP?
A: NO.
Q: THE OFFICER THAT YOU SPOKE TO, DID YOU RECOGNIZE HIM AS ONE OF THE INDIVIDUALS WHO IS OUTSIDE?
A: YES.
MR. DUSEK: THANK YOU, MA’AM.
THE COURT: ANYTHING FURTHER?
MR. DUSEK: OH, I’M SORRY. I FORGOT TO USE THE THING I JUST HAD MARKED.
THE COURT: OKAY.
BY MR. DUSEK:
Q: I’VE HAD MARKED AS COURT’S EXHIBIT 76 THIS PAPER BAG CONTAINING A DOCUMENT. LET ME SHOW YOU WHAT’S BEEN MARKED AS 76, MA’AM. DO YOU RECOGNIZE WHAT THAT PIECE OF PAPER IS?
A: YES, SIR, I DO.
(BROWN PAPER BAG AND CONTENTS [DRYCLEANING RECEIPT]
MARKED TRIAL EXHIBIT NUMBER 76 FOR IDENTIFICATION.)
BY MR. DUSEK:
Q: WHAT IS THAT?
A: IT’S A RECEIPT THAT WE GIVE TO THE CUSTOMER BEFORE WE TYPE UP THE ITEMS.
Q: IS THIS A RECEIPT THAT YOU FILLED OUT OR MAYBE ONE OF YOUR COWORKERS DID?
A: NO. I FILLED IT OUT.
Q: AND IT WAS FOR WHOM?
A: MR. WESTERFIELD.
Q: FOR THE MERCHANDISE THAT YOU TOLD US ABOUT ON THE RECEIPTS IN FRONT OF YOU?
A: YES.
MR. DUSEK: THANK YOU.
THE COURT: ALL RIGHT.
MR. FELDMAN.

RECROSS-EXAMINATION

BY MR. FELDMAN:
Q: SINGLE RECEIPT FOR BOTH ORDERS?
A: YES.
Q: ALL RIGHT.
MA’AM, WITH REGARD TO MR. WESTERFIELD’S APPEARANCE, IT APPEARED TO YOU, DID IT NOT, THAT HE SEEMED AS THOUGH HE HAD BEEN SLEEPING WHEN HE SHOWED UP?
A: HE LOOKED SLEEPY. HE LOOKED LIKE HE JUST WOKE UP.
Q: AND YOU TOLD THAT TO THE POLICE, DIDN’T YOU?
A: YES.
Q: YOU DIDN’T SEE ANY DIRT ON HIM, DID YOU?
A: I WASN’T LOOKING, BUT, NO, I DID NOT.
Q: AND IT DIDN’T LOOK LIKE AT LEAST AT THE TIME YOU SAW HIM HE HAD HAD AN OPPORTUNITY TO TAKE A SHOWER.
A: RIGHT.
Q: AND HAD THERE BEEN DIRT OR STAINS ON HIM, YOU WOULD HAVE NOTICED AND COMMENTED ON IT TO MR. WESTERFIELD, ISN’T THAT TRUE?
A: YES.
MR. FELDMAN: NO FURTHER.
THANK YOU.
THE COURT: ANYTHING FURTHER?
MR. DUSEK: NO, THANK YOU.
THE COURT: IS THIS WITNESS TO BE EXCUSED?
MR. DUSEK: YES.
MR. FELDMAN: YES.
THE COURT: ALL RIGHT.
MA’AM, THANK YOU VERY MUCH FOR COMING IN. YOU ARE FREE TO LEAVE.
PLEASE DO NOT DISCUSS YOUR TESTIMONY WITH ANYONE UNTIL THE MATTER IS CONCLUDED.
DO YOU WANT TO PICK UP THOSE THREE ITEMS AND GIVE THEM TO MR. DUSEK ON YOUR WAY BY, PLEASE.
THANK YOU.
(THE WITNESS WAS EXCUSED.)
THE COURT: ALL RIGHT. MR. DUSEK.
MR. DUSEK: KELLY BELOM.

KELLY BELOM,
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: KELLY, K-E-L-L-Y, BELOM, B-E-L-O-M.

DIRECT EXAMINATION
BY MR. DUSEK:
Q: IS IT MISS BELOM?
A: YES.
Q: WHERE DO YOU WORK?
A: AT TWIN PEAKS DRYCLEANERS.
Q: HOW LONG HAVE YOU WORKED THERE?
A: FOR ABOUT FOUR YEARS.
Q: WHAT DO YOU DO?
A: I WORK IN THE FRONT COUNTER. I HELP THE CUSTOMERS AND TAG THE CLOTHES.
Q: I WOULD LIKE TO DIRECT YOUR ATTENTION BACK TO FEBRUARY 4TH IN THE AFTERNOON. WERE YOU WORKING AT THE DRYCLEANER’S THAT DAY?
A: YES, I WAS.
Q: ABOUT WHAT TIME DID YOU START?
A: I START AT 12:00 O’CLOCK.
Q: NOON?
A: YES.
Q: HOW LONG DID YOU GO?
A: I WORK ‘TIL 7:00 P.M.
Q: DO YOU KNOW AN INDIVIDUAL BY THE NAME OF DAVID WESTERFIELD?
A: YES, I DO.
Q: HOW DO YOU KNOW HIM?
A: HE’S A CUSTOMER AT THE CLEANER’S.
Q: HOW LONG HAS HE BEEN A CUSTOMER AS FAR AS YOU CAN TELL?
A: FOR MAYBE A YEAR SINCE — THAT’S HOW LONG I’VE NOTICED HIM COMING IN WHEN I’VE BEEN WORKING.
Q: DO YOU SEE MR. WESTERFIELD IN COURT TODAY?
A: YES, I DO.
Q: WOULD YOU POINT HIM OUT, PLEASE, AND DESCRIBE WHAT HE’S WEARING TODAY.
A: HE’S WEARING A WHITE SHIRT AND A TIE WITH A GRAY SUIT JACKET.
THE COURT: THE RECORD WILL REFLECT IDENTIFICATION.
BY MR. DUSEK:
Q: CAN YOU ESTIMATE FOR US ABOUT WHAT TIME YOU SAW HIM IN THE CLEANER’S THAT DAY?
A: I WOULD SAY AROUND 1:40.
Q: WHY DO YOU SAY 1:40?
A: THAT’S THE TIME I TYPED UP HIS TICKET AFTER HE LEFT. AND I’M PRETTY SURE I TYPED IT UP RIGHT AFTER HE LEFT.
Q: YOU WAITED ON HIM THAT DAY?
A: YES, I DID.
Q: DO YOU KNOW WHAT TYPE OF VEHICLE HE CAME TO THE CLEANER’S IN?
A: A BLACK TOYOTA 4RUNNER.
Q: DIDN’T COME IN A MOTOR HOME?
A: NO.
Q: DID HE BRING ANYTHING IN?
A: HE BROUGHT IN THREE PIECES OF CLOTHES.
Q: DO YOU RECALL WHAT THEY WERE?
A: SWEATER, PANTS, AND A TEESHIRT.
Q: WHAT COLORS?
A: I DON’T REMEMBER.
Q: DID YOU MAKE OUT A RECEIPT?
A: YES, I DID.
Q: EXPLAIN TO ME THE RECEIPT PROCESS, HOW THAT GOES.
A: SINCE I RECOGNIZE HIM, HE’S BEEN A CUSTOMER FOR A WHILE, I JUST WRITE DOWN HIS LAST NAME AND THE NUMBER OF PIECES THAT HE WAS DROPPING OFF AND THE DAY HE WOULD LIKE TO PICK IT UP.
Q: I’VE HAD MARKED AS COURT’S EXHIBIT 77 A MANILLA ENVELOPE CONTAINING A PINK PIECE OF PAPER. LET ME SHOW YOU WHAT’S BEEN MARKED AS COURT’S EXHIBIT 77, MISS BELOM, AND ASK YOU IF YOU RECOGNIZE THE PINK PIECE OF PAPER.
A: YES, I DO.
(MANILLA ENVELOPE AND CONTENTS [DRYCLEANING RECEIPT]
MARKED TRIAL EXHIBIT NUMBER 77 FOR IDENTIFICATION.)
BY MR. DUSEK:
Q: WHAT IS THAT?
A: IT IS THE RECEIPT I TYPED UP AFTER HE CAME IN.
Q: IS THERE A NUMBER ON THE RECEIPT?
A: YES.
Q: WHAT’S THE NUMBER?
A: 54177.
Q: AND DOES IT INDICATE THE ARTICLES OF CLOTHING THAT HE BROUGHT IN?
A: YES.
Q: WHAT?
A: A PAIR OF BLACK PANTS, BLACK SWEATER, AND A BLACK TEESHIRT.
Q: AND IS YOUR NAME ON THERE ALSO?
A: YES, IT IS.
Q: WHERE DOES THAT SHOW UP?
A: NEXT TO CLERK UNDERNEATH WESTERFIELD’S NAME.
Q: ALL RIGHT.
DOES IT INDICATE HOW MUCH IT’S GOING TO COST?
A: YES. TWELVE TWENTY-FIVE.
Q: DID YOU SPEAK WITH HIM WHEN HE CAME IN?
A: NOT MORE THAN HIM JUST ASKING WHAT TIME HE WANTED TO PICK IT UP. THAT WAS ABOUT IT.
Q: DID THERE SEEM ANYTHING UNUSUAL ABOUT HIM ON THE 1:40 APPEARANCE AT YOUR DRYCLEANER’S?
A: HE WAS ACTING VERY DIFFERENT THAN HE USUALLY DOES. HE’S USUALLY VERY OUTGOING AND TALKATIVE AND ALWAYS SMILING, AND HE WASN’T THAT DAY.
Q: HOW WAS HE?
A: HE JUST BASICALLY CAME IN AND PUT THE CLOTHES ON THE COUNTER AND WANTED TO KNOW WHEN HE COULD PICK THEM UP.
Q: NO CHIT-CHAT AT ALL?
A: NO, NOT AT ALL.
Q: DID HE MAKE ANY SPECIAL REQUEST FOR THESE CLOTHING ITEMS?
A: HE ASKED IF HE COULD GET THEM BACK THAT AFTERNOON.
Q: DID HE SAY WHY HE NEEDED THEM SO FAST?
A: NO, HE DIDN’T.
Q: WHAT DID YOU TELL HIM?
A: I SAID NO. YOU CAN ONLY GET THEM BACK THE SAME DAY IF THEY ARE BROUGHT IN BEFORE 10:00 IN THE MORNING.
Q: HAD HE MADE THIS SPECIAL REQUEST BEFORE?
A: NOT THAT I’M AWARE OF.
Q: AT LEAST NO TIMES THAT YOU SAW HIM.
A: YES.
Q: WHAT DID YOU DO WITH THE CLOTHING ONCE HE HANDED THEM TO YOU?
A: I PUT THEM ALL IN A BAG AND — I EITHER PUT THEM IN A BAG OR UNDER THE COUNTER OR TOOK THEM BACK WITH ME. I DON’T REALLY REMEMBER.
Q: WHERE IS THE DRYCLEANING DONE?
A: AT THE CLEANER’S, ON THE PREMISES.
Q: DID HE EVER COME BACK TO GET THEM?
A: NO.
Q: DO YOU KNOW WHAT HAPPENED TO THE CLOTHING?
A: THEY WERE PICKED UP BY A DETECTIVE.
Q: WHEN?
A: I BELIEVE ABOUT THURSDAY. I THINK IT WAS THE 7TH.
Q: WERE YOU PRESENT WHEN THAT HAPPENED?
A: YES, I WAS.
Q: DID YOU GIVE THE OFFICER THE CLOTHING THAT MR. WESTERFIELD BROUGHT IN TO YOU?
A: I’M NOT SURE. I KNOW I GAVE HIM THE BEDDING AND THE JACKET I THINK IT WAS.
Q: DID YOU ACTUALLY TAKE THOSE IN?
A: NO.
Q: WHO TOOK THOSE IN, IF YOU KNOW?
A: JULIE. JULIE MILLS.
Q: SO THOSE ITEMS WERE TURNED OVER TO LAW ENFORCEMENT ALSO?
A: YEAH.
Q: HOW ABOUT THE BLACK CLOTHING THAT YOU HAD, WERE THOSE TURNED OVER ALSO?
A: I’M NOT SURE.
MR. DUSEK: THANK YOU, MA’AM.
THE COURT: CROSS-EXAMINATION.
CROSS-EXAMINATION
BY MR. FELDMAN:
Q: ON THE RECEIPT I THINK IT’S MARKED PEOPLE’S EXHIBIT 76, IT’S THAT PINK RECEIPT IN YOUR HAND.
THE COURT: 77.
MR. FELDMAN: I’M SORRY. 77.
BY MR. FELDMAN:
Q: LOOKS LIKE IN THE LEFT CORNER, MA’AM, IT SAYS 1341.
A: M-HM.
Q: WHAT DOES THAT MEAN?
YOU SAID UH-HUH. I HAVE TO SAY TO YOU —
A: YES.
Q: THANK YOU.
A: IT’S THE TIME I TYPED UP THE TICKET ON THE COMPUTER. I’M NOT SURE EXACTLY IF THE TIME ON THE COMPUTER WAS RIGHT ‘CAUSE SOMETIMES IT’S OFF.
Q: BUT YOU TOLD US ON DIRECT EXAMINATION BEFORE YOU SAW THE RECEIPT THAT YOUR MEMORY WAS THAT HE CAME IN AT ABOUT 1:40. IS THAT CORRECT?
A: THAT — YEAH.
Q: NOW, THE RECEIPT SAYS 1:41, RIGHT?
A: YES.
Q: SO IT LOOKS LIKE THE COMPUTER WAS WORKING PRETTY GOOD THEM, AT LEAST WITHIN PLUS OR MINUS SIXTY SECONDS, HUH?
A: YES.
Q: SO I GUESS WHETHER OR NOT THE COMPUTER IS WORKING IS, WHAT IS IT, A DAY-TO-DAY THING?
A: I’M NOT SURE.
Q: IT WASN’T GIVING YOU A PROBLEM THAT DAY, THOUGH, WAS IT?
A: NO, I DON’T BELIEVE SO.
Q: YOU SAID — DO YOU KNOW HAD MR. WESTERFIELD BROUGHT IN SIMILAR CLOTHES BEFORE?
A: YES.
Q: THERE WAS NOTHING UNUSUAL ABOUT THAT, RIGHT?
A: NO.
Q: IT’S JUST KIND OF SEEMED LIKE HE HAD A BAD WEEKEND, HUH?
A: IT COULD HAVE, YES.
MR. FELDMAN: NO FURTHER QUESTIONS.
THE COURT: ANYTHING FURTHER?

REDIRECT EXAMINATION
BY MR. DUSEK:
Q: REGARDING THE TIMING, MA’AM, ARE YOU TELLING US THE TIME 1:40 BECAUSE THAT’S WHAT’S ON THE RECEIPT OR THAT’S WHAT’S ON THE MEMORY?
A: THAT’S WHAT’S ON THE RECEIPT.
MR. DUSEK: THANK YOU, MA’AM.
THE COURT: ANYTHING FURTHER?
MR. FELDMAN: I’M SORRY. JUST TO CLARIFY.

RECROSS-EXAMINATION
BY MR. FELDMAN:
Q: ON DIRECT EXAMINATION BEFORE YOU WERE SHOWN THE RECEIPT YOU TESTIFIED IT WAS YOUR MEMORY THAT THE TIME WAS 1:40.
THAT’S RIGHT, ISN’T IT?
A: I SAID IT WAS BETWEEN 12:00 O’CLOCK, ONCE I GOT THERE, AND BETWEEN — BETWEEN 12:00 AND 2:00.
Q: BEFORE COMING TO COURT DID YOU TALK TO ANYBODY ABOUT WHAT TIME THIS ACTUALLY HAPPENED?
A: YES.
Q: WHO?
A: BILL REICH.
Q: DO YOU SEE MR. REICH IN THE COURTROOM?
A: YES.
Q: WHERE IS HE?
A: RIGHT THERE. NO?
MR. FELDMAN: THANK YOU VERY MUCH.
NO FURTHER QUESTIONS.
THE COURT: ALL RIGHT.
IS THIS WITNESS TO BE EXCUSED?
MR. DUSEK: JUST TO CLARIFY SOMETHING.

FURTHER REDIRECT EXAMINATION
BY MR. DUSEK:
Q: IS BILL REICH THE FELLOW THAT CALLS AND TELLS YOU WHEN YOU HAVE TO SHOW UP ON THE SUBPOENAS?
A: IT WAS THE GUY I TALKED TO IN THE OFFICE TODAY. THE MAN I TALKED TO IN THE OFFICE. I’M NOT SURE WHAT HIS NAME WAS.
Q: WOULD THAT BE LIKE ME?
A: I TALKED TO YOU. BILL REICH CALLED ME ON THE PHONE.
Q: AND TOLD YOU WHEN TO SHOW UP.
A: UH-HUH.
Q: IS THAT YES?
A: YES.
MR. DUSEK: THANK YOU, MA’AM.
THE COURT: ANYTHING ELSE?
MR. FELDMAN: NO.
THE COURT: IS THIS WITNESS TO BE EXCUSED?
MR. DUSEK: YES.
THE COURT: ALL RIGHT.
MA’AM, YOUR TIME WITH US IS DONE. PLEASE REMEMBER THE ADMONITION NOT TO DISCUSS YOUR TESTIMONY WITH ANYONE UNTIL THE MATTER IS CONCLUDED.
DID YOU PUT THAT PINK — YES. JUST GIVE THOSE BOTH TO MR. DUSEK ON YOUR WAY BY.
THE WITNESS: OKAY.
THE COURT: THANK YOU VERY MUCH.
(THE WITNESS WAS EXCUSED.)
MR. DUSEK: DETECTIVE TERRY TORGERSEN.

TERRANCE NEAL TORGERSEN,
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: TERRANCE NEAL TORGERSEN. T-O-R-G-E-R-S-E-N.

DIRECT EXAMINATION
BY MR. DUSEK:
Q: HOW ARE YOU EMPLOYED, SIR?
A: I’M A DETECTIVE WITH THE SAN DIEGO POLICE DEPARTMENT.
Q: HOW LONG HAVE YOU BEEN A POLICE OFFICER?
A: THIRTY YEARS.
Q: HOW LONG HAVE YOU BEEN A DETECTIVE?
A: NINETEEN YEARS.
Q: WHAT’S YOUR CURRENT ASSIGNMENT?
A: I CURRENTLY WORK IN THE HOMICIDE UNIT OF THE SAN DIEGO POLICE DEPARTMENT.
Q: HOW LONG HAVE YOU BEEN IN HOMICIDE?
A: TWELVE YEARS.
Q: I WOULD LIKE TO DIRECT YOUR ATTENTION BACK TO FEBRUARY OF THIS YEAR. DID YOU BECOME INVOLVED AT LEAST ON A PERIPHERAL MATTER IN THE DANIELLE VAN DAM CASE?
A: YES, I DID.
Q: DID YOU HAVE ANY INVOLVEMENT REGARDING A DRYCLEANER’S?
A: YES.
Q: WHAT WERE YOU ASKED TO DO?
A: I WAS ASKED TO TRY TO LOCATE ITEMS FROM A DRYCLEANING RECEIPT TAKEN OUT OF A VEHICLE. AND SO I WENT UP THERE TRYING TO LOCATE THE DRYCLEANER’S.
Q: DID YOU KNOW WHICH DRYCLEANER’S TO GO TO?
A: NO, I DID NOT AT FIRST.
Q: YOU HAD A RECEIPT FROM A DRYCLEANER’S?
A: YES.
Q: WHAT DID YOU DO?
A: I WENT TO THE AREA WHERE THE SABRE SPRINGS RESIDENCE WAS AND STARTED FANNING OUT THERE, GOING TO THE CLOSEST DRYCLEANER’S THAT I THOUGHT THE PERSON WOULD USE.
Q: LET ME SHOW YOU WHAT’S BEEN PREVIOUSLY MARKED AS COURT EXHIBIT 76. CAN YOU RECOGNIZE THAT PIECE OF PAPER ATTACHED TO THE ENVELOPE, SIR?
A: THIS LOOKS LIKE THE PHOTOCOPY THAT I HAD. I HAD A PHOTOCOPY OF THE DRYCLEANING RECEIPT, AND THIS LOOKS SIMILAR TO IT.
Q: THIS APPEARS TO BE THE ORIGINAL?
A: YES, I BELIEVE SO.
Q: DOES IT INDICATE THE NAME OF THE DRYCLEANER’S THAT IT CAME FROM?
A: NO, IT DOES NOT.
Q: WHERE ALL DID YOU GO LOOKING FOR THE DRYCLEANER’S?
A: ON TUESDAY I WENT TO FOUR DIFFERENT DRYCLEANER’S IN THE POWAY AREA CLOSEST TO THAT RESIDENCE.
Q: TUESDAY WOULD BE FEBRUARY 5TH.
A: FEBRUARY 5TH, YES.
Q: EVENTUALLY DID YOU FIND THE APPROPRIATE DRYCLEANER’S?
A: YES, I DID. ON FEBRUARY 6TH.
Q: WHAT’S THE NAME OF THE DRYCLEANER’S?
A: TWIN PEAKS CLEANERS.
Q: LET ME DIRECT YOUR ATTENTION TO THE PHOTOBOARD BEHIND YOU, EXHIBIT 73, THE ONE PICTURE OF THE BUSINESS THERE. DO YOU RECOGNIZE THAT?
A: YES, I DO. THAT IS THE TWIN PEAKS CLEANERS THAT I WENT TO.
Q: WHEN YOU GOT THERE, DID YOU TELL THEM WHY YOU WERE THERE?
A: YES.
Q: WHAT DID YOU TELL THEM?
A: TOLD THEM I WAS THERE TRYING TO IDENTIFY A CLEANER’S THAT MR. WESTERFIELD WOULD HAVE BEEN USING.
Q: DID YOU HAVE THE RECEIPT THERE WITH YOU?
A: YES, I DID.
Q: DID YOU SHOW IT TO THEM?
A: YES.
Q: DID THEY RECOGNIZE IT?
A: YES, THEY DID.
Q: WHAT HAPPENED?
A: THE CLERK TOLD ME THAT SHE KNEW MR. WESTERFIELD AND THAT SHE DID TAKE SOME ITEMS IN ON THE MORNING OF MONDAY, FEBRUARY 4TH.
Q: DID THEY SHOW YOU ANY OF THOSE ITEMS?
A: YES, THEY DID.
Q: DID YOU TAKE ANY OF THOSE ITEMS AT THAT POINT?
A: NO, I DID NOT.
Q: WHY NOT?
A: I DIDN’T HAVE A RIGHT TO TAKE THOSE ITEMS AT THAT TIME.
Q: WHAT DO YOU MEAN?
A: I DIDN’T HAVE REASON TO TAKE THOSE ITEMS BECAUSE THEY WERE PRIVATE PROPERTY IN A BUSINESS, SO I HAD TO GET A SEARCH WARRANT TO TAKE THOSE ITEMS.
Q: SO WHAT DID YOU DO?
A: I WENT BACK TO THE OFFICE, AND THE NEXT DAY I GOT A SEARCH WARRANT.
Q: FOR THOSE ITEMS AT THE DRYCLEANER’S?
A: FOR ALL THE ITEMS AT THE DRYCLEANER’S, YES.
Q: AND WHEN DID YOU RETURN TO THE DRYCLEANER’S TO PICK UP THE ITEMS?
A: THE FOLLOWING DAY.
Q: DESCRIBE HOW THE ITEMS WERE TURNED OVER TO YOU.
A: THE ITEMS WERE ON HANGERS, AND THEY WERE WRAPPED IN PLASTIC. EACH INDIVIDUAL ITEM.
Q: MUCH LIKE WE WOULD PICK THEM UP FOR OUR DRYCLEANING?
A: YES.
Q: IS THAT — WERE THERE RECEIPTS ATTACHED TO THE ITEMS THEMSELVES?
A: YES, THERE WAS.
Q: I WOULD LIKE TO SHOW YOU WHAT’S BEEN MARKED AS COURT’S EXHIBIT 74, A XEROX COPY OF WHAT LOOKS LIKE A RECEIPT. DO YOU RECOGNIZE THAT?
A: YES.
Q: THAT APPEARS TO BE A XEROX COPY OF WHAT?
A: ONE OF THE RECEIPTS OF ONE OF THE ITEMS THAT I RECOVERED FROM THE CLEANER’S ON THE 7TH OF FEBRUARY.
Q: AND WAS THERE SOME ARTICLES ATTACHED TO THAT RECEIPT?
A: YES. THIS ONE LISTS A JACKET. PROBABLY A SPORT JACKET. IT SAYS S JACKET, SO I’M ASSUMING SPORT JACKET.
Q: DID YOU SEE WHAT YOU WERE TAKING ALONG WITH THAT RECEIPT?
A: YES. JUST A JACKET IS ALL I NOTICED.
Q: AND LET ME SHOW YOU WHAT’S BEEN MARKED AS COURT’S EXHIBIT 75, ANOTHER COPY OF A RECEIPT. DO YOU RECOGNIZE THAT?
A: YES. THIS IS THE SAME RECEIPT OR RECEIPT FROM THAT DAY THAT THIS TWO COMFORTERS AND TWO BED COVERS.
Q: DID YOU RECEIVE ANYTHING FROM THE CLEANER’S ALONG WITH THIS RECEIPT?
A: YES, I DID. I RECEIVED TWO COMFORTERS AND TWO PILLOW COVERS I GUESS THEY ARE CALLED.
Q: FINALLY I HAVE MARKED AS COURT’S EXHIBIT 77 THIS MANILLA ENVELOPE WITH A PINK PIECE OF PAPER INSIDE. DO YOU RECOGNIZE THAT?
A: YES. THAT WOULD BE A PINK RECEIPT FOR THE ITEMS THAT WERE BROUGHT IN ON MONDAY AFTERNOON, WHICH IS A BLACK PANTS, BLACK SWEATER, AND BLACK TEESHIRT.
Q: WHAT DID YOU DO WITH THE ITEMS ONCE YOU RECEIVED CUSTODY OF THEM?
A: I TOOK THE ITEMS DIRECTLY FROM THE CLEANER’S, PUT THEM IN MY POLICE CAR, AND TRANSPORTED THEM DOWN TO THE POLICE DEPARTMENT HEADQUARTERS BUILDING, WHERE THEY WERE IMPOUNDED.
MR. DUSEK: WE HAVE SOME OF THE ITEMS HERE IN COURT. THEY ARE STILL WRAPPED. PERHAPS IF WE COULD TAKE A BREAK NOW, WE COULD GET —
THE COURT: THIS IS PROBABLY AN APPROPRIATE TIME, AND THAT WILL GIVE US A SHORT SESSION BEFORE WE BREAK AT 4:00 O’CLOCK.
PLEASE REMEMBER THE ADMONITION OF THE COURT NOT TO DISCUSS ANY OF THE EVIDENCE OR TESTIMONY AMONG YOURSELVES OR WITH ANY OTHER PERSONS. ALSO, DO NOT FORMULATE OR EXPRESS ANY OPINIONS ON THE MATTER UNTIL IT IS SUBMITTED TO YOU FOR DECISION.
LET’S BE OUTSIDE THE DOOR AT FIVE MINUTES TO 3:00, PLEASE. 2:55.
(RECESS, 2:40 O’CLOCK, P.M., TO 2:55 O’CLOCK, P.M.)
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