TRIAL DAY 10 – PART 1 – morning 1
SAN DIEGO, CALIFORNIA, WEDNESDAY, JUNE 19, 2002, 8:52 A.M. (morning 1)

WITNESS:
Karen Lealcala (forensic specialist, collected evidence at Westerfield’s home and RV)

–O0O–
(THE FOLLOWING OCCURRED OUT OF THE PRESENCE OF THE JURY:

(PROCEEDINGS NOT PART OF THE PUBLIC RECORD.)
(PROCEEDINGS NOT PART OF THE PUBLIC RECORD.

(PROCEEDINGS NOT PART OF THE PUBLIC RECORD.)

(END OF PROCEEDINGS OUT OF THE PRESENCE OF THE JURY.)
(RECESS, 8:57 O’CLOCK, A.M., TO 9:00 O’CLOCK, A.M.)
THE COURT: GOOD MORNING, LADIES AND GENTLEMEN, AND WELCOME BACK.
EARLY ON IN THIS TRIAL I BASICALLY TOLD YOU THAT MY FUNCTION OBVIOUSLY IS TO INSURE THAT BOTH SIDES GET A FAIR TRIAL. BUT IN ADDITION TO THAT I BASICALLY DESCRIBE MYSELF AS THE SHEPHERD AND YOU AS MY FLOCK. I USE THAT ANALOGY PRIMARILY TO LET YOU KNOW THAT MY JOB IS TO CREATE AN ENVIRONMENT IN THIS COURTROOM FOR CITIZEN JURORS THAT IS CONDUCIVE TO YOUR DOING THE WORK, THE VERY DIFFICULT WORK, WE ASK OF YOU AND AT THE SAME TIME MAINTAIN YOUR NORMAL LIFE AND YOUR NORMAL WELL BEING.
BUT, IN ADDITION TO THAT, IN THIS CASE I HAVE ANOTHER FUNCTION, AND THAT IS TO MONITOR ALL OF THE PUBLICITY AND THE MEDIA. THAT SIDE OF ME NEEDS TO TALK TO YOU BASICALLY ABOUT THREE THINGS THIS MORNING. FIRST AND FOREMOST, I AM FIRMLY CONVINCED THAT SELF-POLICING IS GOING TO WORK IN THIS CASE. WE ARE NOW IN THE THIRD WEEK, SO ALL OF YOU KNOW WHAT BUTTONS NOT TO PUSH ON YOUR RADIO, WHAT CHANNELS NOT TO WATCH AT CERTAIN TIMES OF THE DAY, AND HOW TO AVOID READING ARTICLES ABOUT THIS. I BELIEVE IT’S GOING TO WORK, AND EVERYTHING THAT I HAVE SEEN IS SO INDICATING.
DURING THE COURSE OF THIS TRIAL, HOWEVER, THE SECOND THING I NEED TO TALK TO YOU ABOUT IS THAT ONE OR MORE OF YOU HAVE MENTIONED THAT PEOPLE YOU KNEW HAVE COME IN AS CITIZEN OBSERVERS. AND YOU HAVE BROUGHT THAT TO MY ATTENTION, AND WE HAVE DISCUSSED IT WITH YOU PRIVATELY ON THOSE OCCASIONS WHERE IT’S NECESSARY. IT HAS BECOME VERY APPARENT, HOWEVER, THAT ONE OF THOSE VISITORS IS WHAT I WILL REFER TO IS A REGULAR, A PERSON WHO IS HERE AND APPEARS TO BE GOING TO BE HERE THROUGHOUT THE ENTIRE TRIAL.
NOW, WITHOUT MENTIONING WHAT NUMBER, YOU KNOW WHO I’M TALKING ABOUT. I HAD AUTHORIZED YOU TO TALK TO THIS INDIVIDUAL PRIMARILY BECAUSE THEY WERE FAMILY AND YOU WEREN’T GOING TO TALK ABOUT THE CASE. THE MEDIA HAS LATCHED ONTO THAT NOT BECAUSE THERE IS ANYTHING UNTOWARD ABOUT IT, BUT BECAUSE OF THE APPEARANCE OF IMPROPRIETY. THAT IS, THEY SEE YOU AS A JUROR TALKING TO THIS PERSON, AND THEY IMMEDIATELY ASSUME THE VERY WORST, WHICH IS THAT YOU’RE TALKING ABOUT THE CASE, NOT FAMILY MATTERS. SO I MUST INSIST FROM NOW ON THAT THAT CONDUCT NOT BE ENGAGED IN. IT’S JUST SIMPLY NOT BECAUSE I DON’T THINK THAT YOU’RE ABIDING BY MY ORDER BECAUSE I DO BELIEVE THAT, BUT IT’S BECAUSE THE APPEARANCE OF IMPROPRIETY HAS TAKEN OVER. AND JUST OUT OF AN ABUNDANCE OF CAUTION I’M GOING TO ASK THAT YOU NOT DISCUSS ANYTHING WITH THIS INDIVIDUAL UNTIL THE CASE IS CONCLUDED. AND THE INDIVIDUAL WHO IS IN COURT AND KNOWS WHO I AM SPEAKING TO I AM INSTRUCTING NOT TO DISCUSS THIS CASE OR HER OBSERVATIONS WITH ANYONE NOR DISCLOSE THE NAME OF THE JUROR OR ANY OF THE PERSONAL INFORMATION.
SO THAT’S BASICALLY WHERE WE’RE AT AS FAR AS THAT IS CONCERNED.
OTHER ISSUES THAT APPARENTLY SURROUND PUBLICITY IN THIS CASE DEAL WITH SOME OF THE THINGS AND SOME OF THE ACTIONS THAT I HAVE TAKEN. AND I AM GOING TO SAY RIGHT NOW I MAKE NO APOLOGIES FOR THOSE. I AM LEAVING THAT STRICTLY UP TO YOUR CRITIQUE OF ME AT THE END OF THIS CASE AS I HAVE INDICATED BEFORE. HOPEFULLY THE ENVIRONMENT THAT I’M SEEKING TO CREATE WILL, INDEED, BE THE ENVIRONMENT THAT YOU FIND YOURSELVES IN, AND WHEN THIS EXPERIENCE IS OVER, YOU WILL HAVE FOUND IT TO BE, NUMBER ONE, REWARDING, BUT, NUMBER TWO, A PLEASANT OR A GOOD EXPERIENCE AS A CITIZEN IN THE COMMUNITY IN A VERY, VERY SERIOUS CASE.
ALL RIGHT. MR. BOYCE, YOU MAY CONTINUE YOUR CROSS-EXAMINATION.
MR. BOYCE: THANK YOU, YOUR HONOR.
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JAMES F. TOMSOVIC, RESUMED

CROSS-EXAMINATION, CONTINUED
BY MR. BOYCE:
Q:  DETECTIVE, REFERRING BRIEFLY AGAIN TO THE LINENS AND THINGS —
(EXHIBIT HANDED TO MR. BOYCE BY MR. DUSEK.)
MR. BOYCE: THANK YOU, COUNSEL.
BY MR. BOYCE:
Q:  MR. DUSEK HAS REFERRED TO. DID YOU PLACE IT IN THE BAG?
A:  NO, I DID NOT. OH, YESTERDAY I DID. BUT ORIGINALLY, NO, I DID NOT.
Q:  DO YOU KNOW WHO PLACED IT IN THE BAG?
A:  I BELIEVE IT WOULD HAVE BEEN KAREN LEALCALA, OUR EVIDENCE TECHNICIAN.
Q:  AND WAS THIS ON THE EVENING WHEN YOU FOUND IT?
A:  YES.
Q:  YOU STATED I BELIEVE YESTERDAY THAT YOU WEREN’T SURE WHETHER THIS WAS SOMETHING THAT YOU PICKED UP AT THE STORE OR WHETHER IT WAS SOMETHING THAT WAS MAILED TO THE RESIDENCES IN THE AREA.
MR. DUSEK: OBJECTION. MISSTATES THE EVIDENCE.
THE COURT: IT DOES.
REPHRASE.
BY MR. BOYCE:
Q:  DO YOU RECALL WHETHER OR NOT THIS WAS SOMETHING THAT WAS — WOULD HAVE BEEN — YOU LISTED IT IN YOUR EVIDENCE LIST AS SOMETHING REFERRED TO AS DOMINION AND CONTROL, DIDN’T YOU?
A:  NO. THIS WAS —
Q:  HOW DID YOU LIST IT IN YOUR EVIDENCE LIST?
A:  AS AN ITEM OF EVIDENCE ASSIGNED A SPECIFIC NUMBER, I BELIEVE 21, I’M NOT SURE; BUT IT WAS ONE OF THE SPECIFIC ITEMS THAT WAS COLLECTED.
Q:  DID YOU FIND IT WHEN YOU WERE LOOKING FOR ITEMS OF DOMINION AND CONTROL?
A:  NO. IT WAS ACTUALLY THE ITEMS OF DOMINION AND CONTROL WERE ON TOP OF THE COUNTER BETWEEN THE DINING ROOM AND THE KITCHEN. THIS WAS ON THE COUNTER NEXT TO THE REFRIGERATOR, SEPARATED FROM THE OTHER COUNTER.
Q:  NOW, ON THIS LINENS AND THINGS FLYER, THERE APPEARS TO BE AN ADDRESS, DOESN’T THERE?
A:  YES.
Q:  AND WHAT ADDRESS IS ON THE LINENS AND THINGS FLYER?
A:  11995 MOUNTAIN PASS ROAD.
Q:  AND IT’S ADDRESSED TO OUR NEIGHBOR, ISN’T IT?
A:  OUR NEIGHBOR AT, AND THEN THE ADDRESS.
Q:  AND WHEN MR. DUSEK QUESTIONED YOU, I BELIEVE YOU REFERRED TO A — WHAT APPEARS TO BE A CANOPY WHICH IS ONE OF THE — ONE OF THE WINDOW FRAMES I’M SHOWING AN AD FOR A CANOPY ON THE FLYER. IS THAT CORRECT?
A:  YES.
Q:  AND YOU STATED THAT THAT WAS SIMILAR OR LOOKED LIKE THE — A CANOPY IN DANIELLE VAN DAM’S BEDROOM, IS THAT CORRECT?
A:  YES.
Q:  WHERE DID YOU RECEIVE THAT INFORMATION?
A:  THE NIGHT THAT WE RECOVERED THIS PARTICULAR ITEM, I RECEIVED IT FROM ANOTHER OFFICER WHO HAD BEEN IN THE VAN DAM HOME.
Q:  AND WHO WAS THAT OFFICER?
A:  I BELIEVE IT WAS HOWARD LABORE.
Q:  AND THAT WAS OFFICER THAT WAS ALSO IN MR. WESTERFIELD’S HOME AT THE TIME YOU FOUND THAT ITEM, IS THAT CORRECT?
A:  HE WAS IN MR. WESTERFIELD’S HOME. I DON’T KNOW IF HE WAS IN THE HOME AT THE TIME I FOUND THE ITEM. BUT HE HAD BEEN IN THE HOME AT ONE POINT AND HAD SEEN THIS PRIOR TO OUR BEING THERE.
Q:  WELL, YOU WERE PRESENT WHEN MISS LEALCALA PLACED THAT ITEM IN THAT EVIDENCE BAG, WEREN’T YOU?
A:  YES, I WAS.
Q:  SO BEFORE IT WAS PLACED IN THE EVIDENCE BAG, YOU LEARNED THAT THAT ITEM HAD A PHOTO OF A SIMILAR ITEM THAT WAS IN DANIELLE VAN DAM’S BEDROOM.
A:  THAT’S CORRECT.
Q:  AND THAT INFORMATION WAS PROVIDED TO YOU BEFORE YOU PLACED IT IN THE EVIDENCE BAG.
A:  THAT’S CORRECT.
Q:  AND YOU PLACED IT IN — OR MISS LEALCALA PLACED IT IN THE EVIDENCE BAG IN MR. WESTERFIELD’S HOME.
A:  YES.
Q:  NOW, AFTER — I BELIEVE WE STOPPED OUR TOUR OF THE WESTERFIELD HOUSE IN THE GARAGE YESTERDAY.
AFTER YOU WENT THROUGH THE DOWNSTAIRS, DID YOU GO UPSTAIRS?
A:  YES.
Q:  AND WHERE DID YOU GO UPSTAIRS?
A:  I BELIEVE WE BEGAN IN THE MASTER BEDROOM AND THE MASTER BATHROOM, THE ATTACHED CLOSET, AND THEN PROCEEDED DOWN THE HALLWAY THROUGH THE REST OF THE HOUSE UPSTAIRS.
Q:  AND WHEN YOU WERE IN THE MASTER BEDROOM, YOU TOLD US THAT THE — THERE APPEARED TO BE A NEW BEDSPREAD READY TO BE PLACED ON THE BED.
A:  YES. FOLDED ON TOP OF THE BED.
Q:  APPEARED THAT SOMEBODY WAS MAKING THE BED, IN OTHER WORDS, IS THAT RIGHT?
A:  THAT WOULD HAVE BEEN MY IMPRESSION AT THE TIME, YES.
Q:  AND THEN YOU WENT DOWN THE HALLWAY TO WHAT YOU LABELED ON THE DIAGRAM AS BEING NEAL’S BEDROOM.
A:  CORRECT.
Q:  AND IN THAT BEDROOM DID YOU FIND ANY COMPUTERS?
A:  THERE WAS A COMPUTER — THE MONITOR WAS ON THE DESK AND THE TOWER, THE HARD DRIVE UNIT, WAS ON THE FLOOR.
Q:  DO YOU KNOW WHETHER THAT COMPUTER WAS ATTACHED TO A MODEM?
A:  I DON’T KNOW, NO.
Q:  AND AFTER YOU WENT INTO THE BEDROOM, THEN YOU ALSO WENT INTO AN OFFICE AREA UPSTAIRS.
A:  ACTUALLY THE OFFICE, AT THAT TIME THE OFFICE AREA WAS BEING SEARCHED BY THE TWO OFFICERS FROM THE COMPUTER RESEARCH OR THE LAB., AND SO THE ONLY REASON I WENT IN THAT ROOM WAS AT THEIR REQUEST.
Q:  THE TWO — WHO WERE THE TWO OFFICERS FROM THE LAB.?
A:  AGAIN IT WAS JAMES WATKINS AND JAMES YOUNGFLESH.
Q:  WERE THESE SAN DIEGO POLICE OFFICERS OR F. B. I. AGENTS?
A:  I BELIEVE MR. WATKINS IS AN F. B. I. AGENT, AND I THINK — I NEVER MET THEM BEFORE. I THINK MR. YOUNGFLESH IS WITH THE SAN DIEGO P. D. I’M NOT SURE.
Q:  AND YOU WERE UPSTAIRS WITH MISS LEALCALA, IS THAT CORRECT?
A:  YES.
Q:  SO THERE WERE FOUR OF YOU TO YOUR KNOWLEDGE IN THE UPSTAIRS AREA AT THAT TIME.
A:  AGAIN ANNETTE PEER, CRIMINALIST, WAS IN THE HOUSE. AND SHE WAS UPSTAIRS DURING THIS INVESTIGATION. AT WHAT EXACT POINT, I COULDN’T SAY.
Q:  NOW, WERE THE — MR. WATKINS AND MR. YOUNGFLESH IN THIS OFFICE AREA AT THE TIME THAT YOU WERE — FIRST WENT UPSTAIRS TO PHOTOGRAPH EVERYTHING OR WAS THIS DURING THE PROCESSING?
A:  WE PHOTOGRAPHED THE OFFICE AREA OUT OF SEQUENCE OF OUR NORMAL PROCEDURE OF GOING THROUGH THE HOUSE ROOM BY ROOM SO THAT WE COULD ALLOW THEM TO GET IN IT RATHER THAN HAVING FOR US — TO WAIT FOR US TO GO UP AND PHOTOGRAPH IT. BUT WE PHOTOGRAPHED THE OFFICE BEFORE THEY WENT INTO IT AND THEN AGAIN WHILE THEY WERE SEARCHING AND AFTER THEY HAD SEARCHED IT.
Q:  REFERRING TO COURT’S EXHIBIT 102, IS THIS AGAIN THE OFFICE AREA THAT YOU ARE REFERRING TO AT MR. WESTERFIELD’S HOUSE OR DOES THIS DEPICT — THE PHOTOS IN THIS EXHIBIT DEPICT THAT OFFICE AREA?
A:  YES, THEY DO.
Q:  AND YOU TOOK PHOTOS, SPECIFICALLY C, D, E, AND F, WHICH SHOW THE BOOKCASE, YOU TOOK THOSE PHOTOS — WHEN DID YOU TAKE THOSE PHOTOS?
A:  KAREN LEALCALA TOOK THE PHOTOGRAPHS. THAT WAS PART OF HER JOB IS TO DO THE PHOTOGRAPHY. I WOULD SAY PHOTOGRAPHS A, B, C, D, E, G, AND H WERE PROBABLY TAKEN DURING THE INITIAL WALKTHROUGH PRIOR TO THE OFFICE BEING SEARCHED. PHOTOGRAPH F, I, AND J WOULD HAVE BEEN TAKEN WHILE THE SEARCH WAS IN PROGRESS OR AFTER ITEMS HAD BEEN — PARTICULAR ITEM NUMBER 12 HAD BEEN FOUND.
Q:  OKAY.
WHEN YOU SAY ITEM 12, THAT’S DEPICTED IN PHOTOGRAPH I, ISN’T IT?
A:  I AND J, YES.
Q:  ALL RIGHT.
AND THIS ITEM 12 WAS AN ENVELOPE WHICH CONTAINED SOME COMPUTER STORAGE DEVICES.
MR. DUSEK: OBJECTION. NO FOUNDATION.
THE COURT: SUSTAINED.
YOU CAN REPHRASE IT.
BY MR. BOYCE:
Q:  WHAT DID YOU FIND IN ITEM 12?
A:  I OBSERVED GREETING CARDS, PHOTOGRAPHS, FILM CANISTER WITH AN X ON TOP OF IT, COMPUTER DISKS. IT APPEARED TO BE, YOU KNOW, PERSONAL ITEMS.
Q:  AND THE PHOTOGRAPHS I BELIEVE YOU DESCRIBED AS FAMILY PHOTOS.
A:  YES.
Q:  PHOTOS OF CAMPING TRIPS, BARBECUES, PARTIES.
A:  AS I RECALL, THEY WERE MORE PHOTOS OF PEOPLE AND NOT EVENTS.
Q:  BUT THEY APPEAR TO BE FAMILY PHOTOS.
A:  I WOULD SAY SO, YES.
Q:  DID YOU VIEW ANY OF THE OTHER COMPUTER DEVICES IN
THE ITEM 12?
A:  OTHER THAN LOOKING AT THEM, I DID NOT SEE THEIR CONTENT. I JUST SAW THE DISK ITSELF. I BELIEVE THERE WERE TWO OR THREE.
Q:  AND WHO PLACED ITEM 12 IN THE POSITION IN WHICH IT WAS PHOTOGRAPHED IN PHOTO I?
A:  I BELIEVE KAREN LEALCALA DISPLAYED THE CONTENTS FOR THE PURPOSE OF THAT PHOTOGRAPH.
Q:  AND ITEM 12 WAS ORIGINALLY FOUND WHERE IN THESE PHOTOGRAPHS?
A:  ON THE BOOKCASE ON THE NORTH WALL OF THE OFFICE, BEHIND — ON THE TOP SHELF BEHIND SOME BINDERS AND OTHER MATERIALS THAT WERE ON THE BOOKCASE. ITEM 12, THE BROWN PAPER ENVELOPE, WAS NOT IN PLAIN VIEW UNTIL THOSE ITEMS WERE MOVED.
Q:  OKAY.
AND SO ITEM 12 WAS FOUND — TAKING PHOTOGRAPH, LOOKING AT PHOTOGRAPH D, IT WAS FOUND IN — WAS IT IN THAT BOOKCASE?
A:  YES. IT WOULD BE ON THE TOP SHELF. IT LOOKS LIKE A WHITE BINDER OR BOX, STORAGE BOX OF SOME KIND, AND THEN A RED BOOK NEXT TO IT. AND ITEM 12 WOULD HAVE BEEN BEHIND THOSE ITEMS.
Q:  AND YOU ARE REFERRING TO THE TOP SHELF OF THAT BOOKCASE TO THE LEFT-HAND SIDE OF THE PHOTOGRAPH.
A:  CORRECT.
Q:  AND THAT’S PHOTOGRAPH D.
A:  D.
Q:  NOW, WE AGAIN SEE PHOTOGRAPH OR IN PHOTOGRAPH F WE AGAIN SEE THAT SAME BOOKSHELF NOW WITH A NUMBER 12 ON THE TOP SHELF. DO YOU SEE THAT?
A:  YES.
Q:  AND THE BOOKSHELF APPEARS DIFFERENT IN PHOTOGRAPH F THAN IT DOES IN PHOTOGRAPH D, DOESN’T IT?
A:  IN THAT ITEMS HAD BEEN REMOVED, YES.
Q:  DO YOU KNOW WHO REMOVED THOSE ITEMS?
A:  EITHER OFFICERS WATKINS OR YOUNGFLESH.
Q:  SO THAT WAS DONE IN BETWEEN THE TIME THAT YOU TOOK PHOTOGRAPH D AND PHOTOGRAPH F, IS THAT CORRECT?
A:  YES.
Q:  YOU DESCRIBED, I BELIEVE, THE ENVELOPE THAT IS DEPICTED IN ITEM 12 IN THAT BOTTOM PHOTOGRAPH AS BEING WELL HIDDEN ON THE BOOKCASE WHEN YOU FIRST FOUND IT, IS THAT CORRECT?
A:  WHEN IT WAS FIRST FOUND, YES.
Q:  AND THAT WOULD HAVE BEEN IN PHOTOGRAPH D, IS THAT CORRECT?
A:  YES.
Q:  NOW, AFTER YOU WALKED THROUGH AND PHOTOGRAPHED THE HOUSE, YOU NOTED THAT THE HOUSE APPEARED TO BE NEAT AND CLEAN, DIDN’T YOU?
A:  YES.
Q:  BUT ALTHOUGH THE HOUSE APPEARED TO BE NEAT AND CLEAN, YOU ALSO NOTED THAT LESS ATTENTION HAD BEEN PAID TO UNSEEN THINGS LIKE A DIRTY OVEN.
A:  YES.
Q:  ACCUMULATION OF DEBRIS UNDER THE FURNITURE.
A:  YES.
Q:  AND IN SOME OF THE ROOMS OF THE HOUSE YOU NOTED WERE NOT AS NEAT AS OTHER ROOMS, SUCH AS NEAL WESTERFIELD’S, OR THE NEAL — THE ROOM YOU LABELED AS NEAL, IS THAT CORRECT?
A:  THAT’S CORRECT.
Q:  IN FACT, THE ROOM YOU LABELED AS NEAL, YOU NOTED THAT THE ROOM WAS MESSY WITH CLOTHING AND LAUNDRY AND OTHER ITEMS ON THE FLOOR.
A:  CORRECT.
Q:  WAS NEAL THERE WHEN YOU WERE IN THE HOUSE?
A:  NO.
Q:  YOU BEGAN — AFTER YOU WALKED THROUGH THE HOUSE AND PHOTOGRAPHED EVERYTHING, THAT’S WHEN YOU BEGAN PROCESSING THE HOUSE, CORRECT?
A:  YES.
Q:  WHEN YOU BEGAN PROCESSING THE HOUSE, WERE DETECTIVES OTT AND KEYSER STILL PRESENT?
A:  NO.
Q:  WAS MR. WESTERFIELD STILL PRESENT?
A:  NO.
Q:  WHEN DID THEY LEAVE?
A:  APPROXIMATELY 3:00 A.M. WHEN WE BEGAN PROCESSING.
Q:  OKAY.
SO THEY WERE STILL THERE WHEN YOU WERE WALKING THROUGH AND PHOTOGRAPHING THINGS?
A:  NO.
Q:  THEY HAD LEFT BEFORE THAT?
A:  RIGHT. MY DEFINITION OF OUR PROCESSING THE HOUSE BEGAN WITH OUR WALKING THROUGH AND PHOTOGRAPHING.
Q:  OKAY.
I WAS REFERRING TO PROCESSING AS THE TIME WHEN YOU ACTUALLY BEGAN TO COLLECT THE EVIDENCE. THIS WAS AFTER THE WALKTHROUGH AND PHOTOGRAPHING YOU SAID. TRUE?
A:  TO ME, MY — WHEN I SAY PROCESSING, THAT IS WHEN WE BEGIN DOING OUR INVESTIGATION WHICH COMMENCES WITH THE WALKTHROUGH AND PHOTOGRAPHY. THE COLLECTION OF EVIDENCE IS PART OF THAT PROCESSING WHICH OCCURS LATER IN THE PROCEDURES.
Q:  OKAY.
WELL, WHEN YOU WALKED THROUGH AND PHOTOGRAPHED THE EVIDENCE, YOU DIDN’T COLLECT ANYTHING AT THAT TIME, DID YOU?
A:  NO.
Q:  AFTER YOU WALKED THROUGH AND PHOTOGRAPHED THE ITEMS IN THE HOUSE, YOU COLLECTED ITEMS. AND ONE OF THE AREAS YOU COLLECTED ITEMS FROM WAS FROM THE LAUNDRY ROOM.
A:  THAT’S CORRECT.
Q:  YOU COLLECTED THE CLOTHES OUT OF THE WASH.
A:  OF THE WASHING MACHINE, YES.
Q:  AND THE CLOTHES IN THE WASHING MACHINE WERE STILL WET, WEREN’T THEY?
A:  THEY WERE DAMP. NOT DRIPPING WET, JUST DAMP.
Q:  BEFORE YOU COLLECTED THEM, DID YOU ALLOW THEM TO DRY?
A:  NO.
Q:  DID YOU COLLECT THEM DIRECTLY FROM THE WASHING MACHINE?
A:  TO BE — TO MAKE IT CLEAR, KAREN LEALCALA DID THE PHYSICAL COLLECTING. I MERELY OBSERVED. BUT THEY WERE COLLECTED DIRECTLY FROM THE WASHING MACHINE AND BAGGED DAMP.
Q:  THERE WERE ALSO SOME CLOTHES IN THE DRYER I BELIEVE.
A:  YES.
Q:  AND DID YOU AND MISS LEALCALA COLLECT THOSE CLOTHES?
A:  YES.
Q:  MISS LEALCALA PLACED THEM IN A BAG ALSO.
A:  YES.
Q:  YOU ALSO FOUND A BOX OF LINEN IN THE GARAGE.
A:  CORRECT.
Q:  WHO FOUND THAT, YOU OR MISS LEALCALA?
A:  I FOUND IT.
Q:  AND DID YOU BRING THAT BOX INTO THE HOUSE?
A:  NO.
Q:  AT SOME POINT YOU COMPARED THE ITEMS THAT WERE IN THAT BOX OF LINEN IN THE GARAGE TO THE ITEMS THAT WERE FOUND IN THE WASHER AND ON TOP OF THE DRYER, DIDN’T YOU?
A:  AT THAT TIME, AT THE SCENE, NO. BUT LATER ON, WHEN THESE ITEMS HAD BEEN TAKEN TO THE LAB. FOR CLOSER EXAMINATION AND REMOVED ONE BY ONE, THERE WAS SOME COMPARISONS MADE. NOT IN MY PRESENCE.
Q:  APPROXIMATELY WHAT TIME WAS IT THAT YOU FINISHED PROCESSING MR. WESTERFIELD’S HOUSE?
A:  WE LEFT THE HOUSE AT ABOUT 3:00 P.M. ON THE 5TH. PROBABLY ACTUALLY FINISHED THE PROCESSING ABOUT AN HOUR EARLIER, AND THEN IN THAT HOUR INTERIM IS WHEN THE ITEMS WERE BOXED AND PLACED IN KAREN’S VAN TO BE TRANSPORTED.
Q:  WHEN YOU SAY BOXED AND PLACED IN KAREN’S VAN, YOU ARE REFERRING TO KAREN LEALCALA, IS THAT RIGHT?
A:  I’M SORRY. YES.
Q:  DID YOU AND MISS LEALCALA PLACE THEM IN HER VAN?
A:  LEALCALA, MYSELF, I THINK DETECTIVE HERGENROETHER. I THINK THAT — AS I RECALL, I CAN’T RECALL RIGHT SPECIFICALLY WHO THE FOURTH PERSON WAS, BUT I BELIEVE THERE WERE FOUR OF US CARRYING THE BOXES FROM THE HOUSE TO THE VAN.
Q:  AND THE PROCESS OF COLLECTING THIS EVIDENCE, PHOTOGRAPHING AND WALKING THROUGH MR. WESTERFIELD’S HOUSE TOOK ABOUT ELEVEN HOURS MORE OR LESS.
A:  BEGINNING AT 3:00 A.M. AND PRETTY MUCH — WE WERE PRETTY MUCH DONE BY 2:00 P.M., SO ABOUT ELEVEN HOURS.
Q:  AFTER YOU FINISHED THE PROCESSING OF THE HOUSE, YOU DROVE TO THE MOTOR HOME.
A:  YES.
Q:  AND YOU ARRIVED AT THE MOTOR HOME AT ABOUT 4:00 O’CLOCK.
A:  YES.
Q:  WHO ACCOMPANIED YOU TO THE MOTOR HOME?
A:  AGAIN KAREN LEALCALA, ANNETTE PEER, SERGEANT HOLMES. I THINK THAT WAS ALL. AND THERE WERE OTHER — THE OFFICERS HAD BEEN AT THE MOTOR HOME PRIOR TO OUR ARRIVAL FROM OTHER UNITS. THERE WAS A PATROL OFFICER. I BELIEVE THERE WAS ONE OF OUR PLAINCLOTHES OFFICERS. I DON’T RECALL WHO THAT WAS.
Q:  YOU TOLD US YESTERDAY THAT YOU DIDN’T EXAMINE THE MOTOR HOME AT THAT TIME, THAT YOU WALKED AROUND IT.
A:  WE EXAMINED THE EXTERIOR OF IT. WE DID NOT GO INSIDE OR EXAMINE THE INTERIOR.
Q:  WHAT DID YOU EXAMINE ON THE EXTERIOR?
A:  THE DUST THAT HAD ACCUMULATED ON VARIOUS PORTIONS OF THE MOTOR HOME. SOME ITEMS OF SAND AND GRAVEL THAT HAD ACCUMULATED IN SOME RECESSES. A PIECE OF BRUSH THAT HAD BECOME WEDGED IN A SEAM OF THE MOTOR HOME NEAR THE BACK BUMPER. AND THE GENERAL EXTERNAL APPEARANCE OF THE MOTOR HOME.
Q:  THEN DID SERGEANT HOLMES DRIVE THE MOTOR HOME TO THE IMPOUND YARD?
A:  YES, HE DID.
Q:  AND THAT WAS DONE THAT LATE AFTERNOON ON THE 5TH?
A:  YES.
Q:  IT WAS THE FOLLOWING MORNING THAT YOU BEGAN ACTUALLY PROCESSING THE MOTOR HOME.
A:  YES.
Q:  THAT WAS ON FEBRUARY 6TH.
A:  CORRECT.
Q:  YOU WENT INTO THE MOTOR HOME AT THAT TIME, DIDN’T YOU?
A:  EVENTUALLY, YES. NOT IMMEDIATELY, BUT I DID.
Q:  WHO WAS THE FIRST PERSON INTO THE MOTOR HOME?
A:  AS I RECALL, WE HAD THE SHERIFF’S SEARCH DOGS AT THE MOTOR HOME, AND I BELIEVE THEY ACTUALLY ENTERED, THE DOGS WERE ALLOWED, OR ONE DOG IN PARTICULAR WAS ALLOWED TO SEARCH FIRST, AND THEN WE PROCEEDED WITH OUR INVESTIGATION.
Q:  BUT AS FAR AS PEOPLE, WHO ENTERED THE MOTOR HOME FIRST?
A:  I UNLOCKED THE DOOR. I PROBABLY WAS THE FIRST PERSON TO ENTER IT.
Q:  AND HOW LONG DID YOU SPEND INSIDE THE MOTOR HOME?
A:  WELL, WE WERE THERE FOR A PERIOD OF THREE DAYS. I WAS IN AND OUT OVER A PERIOD OF THREE DAYS, THE 6TH THROUGH THE 8TH, DOING THE PROCESSING PROCEDURES ON THAT. AT VARIOUS TIMES OF THE DAY. I WAS INSIDE THE MOTOR HOME FOR HOURS.
Q:  WHEN YOU FIRST ENTERED THE MOTOR HOME, YOU NOTED A LAYER OF DUST THROUGHOUT THE INSIDE OF THE MOTOR HOME.
A:  VERY FINE LAYER OF DUST, BUT. . .
Q:  DIDN’T APPEAR ANYBODY HAD ATTEMPTED TO REMOVE THE DUST INSIDE THE MOTOR HOME RECENTLY ANYWAY.
A:  WELL, AGAIN, IT WAS NOT A HEAVY LAYER OF DUST. IT WASN’T LIKE SOMETHING THAT ACCUMULATED OVER A LONG PERIOD OF TIME. BUT IT WAS A LIGHT COATING OF DUST. THE MOTOR HOME WAS VERY CLEAN AND NEAT AND ORDERLY. IN THAT RESPECT IT WAS CLEAN. BUT IT DOESN’T LOOK LIKE IT HAD BEEN WIPED DOWN IF THAT’S THE POINT YOU’RE MAKING.
Q:  AND WHO PROCESSED THE MOTOR HOME WITH YOU? IN OTHER WORDS, WHO WAS YOUR — YOU HAD AN EVIDENCE TECHNICIAN WITH YOU.
A:  KAREN LEALCALA.
Q:  AND DID YOU ALSO HAVE A CRIMINALIST WITH YOU?
A:  LATER THAT DAY ANNETTE PEER ARRIVED.
Q:  WAS SHE THE ONLY CRIMINALIST THAT ASSISTED YOU?
A:  NO. ON ANOTHER DAY ONE OF THE OTHER CRIMINALISTS, TANYA DULANEY, WAS AT THE MOTOR HOME TO COLLECT EVIDENCE. ANNETTE PEER PRIMARILY DEALS WITH BIOLOGICAL EVIDENCE. TANYA DULANEY PRIMARILY DEALS WITH TRACE EVIDENCE.
Q:  THIS PROCESSING OF THE MOTOR HOME TOOK PLACE OVER THREE DAYS, DIDN’T IT?
A:  YES.
Q:  HOW LONG ON THE FIRST DAY, ON FEBRUARY 6TH, HOW LONG DID YOU SPEND IN THE MOTOR HOME?
A:  WE ARRIVED ABOUT 8:30 IN THE MORNING. I THINK WE SECURED — WELL, WE TOOK A LUNCH BREAK, BUT I THINK WE SECURED PROBABLY ABOUT 3:00 IN THE AFTERNOON.
Q:  AFTER YOU LEFT FOR THE EVENING, YOU RETURNED THE NEXT DAY, IS THAT CORRECT?
A:  YES.
Q:  AND IN BETWEEN THE TIME YOU LEFT AND THE TIME YOU RETURNED, WAS THERE — DID THERE — DID YOU ASSIGN SOMEBODY TO SECURE THE MOTOR HOME?
A:  OTHER THAN I LOCKED THE DOORS MYSELF AND SECURED IT THAT WAY, BUT IT WAS STORED IN OUR REASONABLY SECURE IMPOUND FACILITY. BUT THERE WAS NOBODY POSTED TO GUARD IT, NO.
Q:  BUT THIS WAS A POLICE FACILITY WHERE THE MOTOR HOME WAS BEING KEPT AT THAT TIME.
A:  YES.
Q:  WHEN YOU RETURNED ON THE 7TH, DID YOU CONTINUE YOUR PROCESSING OF THE MOTOR HOME?
A:  YES.
Q:  THERE WERE SOME COMPARTMENTS ON THE OUTSIDE OF THE MOTOR HOME, WEREN’T THERE?
A:  YES, THERE WERE.
Q:  AND IN — AND YOU EXAMINED THOSE COMPARTMENTS.
A:  YES, I DID.
Q:  IN ONE OF THE COMPARTMENTS YOU FOUND A SHOVEL, DIDN’T YOU?
A:  YES.
(DISCUSSION OFF THE RECORD BETWEEN MR. BOYCE
AND MR. FELDMAN.)
BY MR. BOYCE:
Q:  DID YOU OPEN UP THE COMPARTMENTS OF THE MOTOR HOME?
A:  I UNLOCKED THEM AND OPENED THEM, YES.
Q:  AND YOU HAD THE KEY WITH YOU TO UNLOCK THOSE COMPARTMENTS.
A:  I DID.
Q:  AND THIS WAS ON THE 7TH THAT YOU UNLOCKED THE COMPARTMENT.
A:  NO. THIS WAS THE — THE FIRST DAY IS WHEN WE FIRST INSPECTED THE COMPARTMENTS.
Q:  DO YOU RECALL WHICH COMPARTMENT YOU FOUND THE SHOVEL IN?
A:  IT WAS ON THE PASSENGER SIDE, I BELIEVE IT WAS THE SECOND COMPARTMENT BACK FROM THE ENTRY DOOR. IT MAY HAVE BEEN THE FIRST.
Q:  THERE WERE OTHER ITEMS IN THIS COMPARTMENT THAT YOU FOUND THE SHOVEL BESIDES THIS SHOVEL, WASN’T THERE?
A:  YES, THERE WERE.
Q:  DO YOU RECALL NOW WHAT OTHER ITEMS WERE IN ALONG WITH THE SHOVEL?
A:  I BELIEVE THERE WAS LIKE A TIN MAN MADE OUT OF TIN CANS. I BELIEVE THERE WAS A FOLDING CHAIR. THERE MAY HAVE BEEN OTHER THINGS IN THAT PARTICULAR COMPARTMENT.
Q:  AND YOU REMOVED THOSE ITEMS TO GET TO THE SHOVEL, DIDN’T YOU?
A:  I REMOVED THOSE ITEMS NOT TO GET TO THE SHOVEL, BUT THE SHOVEL COULD HAVE BEEN REMOVED WITHOUT REMOVING THOSE ITEMS.
Q:  WELL, IN LOCATING THE SHOVEL, YOU HAD TO REMOVE SOME ITEMS, DIDN’T YOU? OR DID YOU REMOVE SOME ITEMS?
A:  THE SHOVEL WAS IN PLAIN VIEW UPON OPENING THE COMPARTMENT. IT WASN’T HIDDEN. BUT ITEMS WERE REMOVED. NOT WITH THE SPECIFIC INTENT OF EXPOSING THE SHOVEL, THOUGH.
Q:  WELL, FIRST I WANT TO SHOW YOU A SERIES OF PHOTOGRAPHS.
(DISCUSSION OFF THE RECORD BETWEEN MR. BOYCE
AND MR. DUSEK.)
BY MR. BOYCE:
Q:  FIRST OF ALL, TWO PHOTOGRAPHS.
THE COURT: DO YOU INTEND TO HAVE THESE MARKED?
MR. BOYCE: I WAS GOING TO ASK THE WITNESS FIRST IF HE RECOGNIZED WHICH COMPARTMENT THE SHOVEL WAS IN.
THE COURT: THAT’S FINE. SURE.
THE WITNESS: I BELIEVE IT WAS THE FIRST COMPARTMENT BEHIND THE DOOR.
BY MR. BOYCE:
Q:  AND YOU ARE REFERRING TO THE SECOND PHOTOGRAPH ON THIS SERIES, IS THAT CORRECT?
A:  YES.
MR. BOYCE: YOUR HONOR, IF WE COULD HAVE THIS —
THE COURT: ALL RIGHT. IT WILL BE 103 FOR IDENTIFICATION.
(PHOTOGRAPH MARKED TRIAL EXHIBIT NUMBER 103 FOR
IDENTIFICATION.)
MR. BOYCE: WE COULD ALSO HAVE A PAGE WITH SIX PHOTOGRAPHS MARKED AS —
THE COURT: ALL RIGHT. IT WILL BE 104.
MR. BOYCE: — THE NEXT IN ORDER.
(SHEET OF PAPER CONTAINING SIX PHOTOGRAPHS MARKED
TRIAL EXHIBIT NUMBER 104 FOR IDENTIFICATION.)
BY MR. BOYCE:
Q:  DETECTIVE, SHOWING YOU WHAT’S BEEN MARKED AS COURT EXHIBIT 103. IS THIS THE PHOTOGRAPH YOU JUST REVIEWED?
A:  YES.
Q:  AND WHAT DOES THAT DEPICT?
A:  IT DEPICTS THREE OF THE COMPARTMENTS ON THE PASSENGER SIDE OF THE MOTOR HOME.
Q:  DO YOU SEE IN THAT PHOTOGRAPH THE COMPARTMENT IN WHICH YOU FOUND THE SHOVEL?
A:  YEAH. I BELIEVE IT WAS IN THE FIRST COMPARTMENT BEHIND THE ENTRY DOOR, WHICH WOULD BE THE MIDDLE COMPARTMENT OF THESE THREE.
Q:  TAKING THIS GREEN FELT-TIP PEN, COULD YOU MARK THAT COMPARTMENT WITH — DO YOU WANT TO PUT A NUMBER ON IT. PUT NUMBER ONE ON THAT.
A:  (THE WITNESS COMPLIED.)
Q:  SHOWING YOU WHAT HAS BEEN MARKED AS EXHIBIT 104, A SERIES OF SIX PHOTOGRAPHS, A, B, C, D, E, F. DO YOU RECOGNIZE THOSE PHOTOGRAPHS?
A:  YES. THESE ARE THE COMPARTMENTS. PHOTOGRAPH A AND B ARE THE TWO COMPARTMENTS ON THAT PASSENGER SIDE. COMPARTMENT OR PHOTOGRAPH NUMBER C IS A COMPARTMENT ON THE DRIVER’S SIDE I BELIEVE OR TO THE — IT’S TO THE REAR OF THE COMPARTMENTS THAT ARE DEPICTED IN THIS PHOTOGRAPH. I’M NOT SURE, BUT IT’S NOT DEPICTED IN THIS PREVIOUS PHOTOGRAPH.
Q:  AND TURNING EXHIBIT 104 OVER, THERE’S THREE ADDITIONAL PHOTOGRAPHS ON THE BACK. DO YOU RECOGNIZE THOSE?
A:  YES. D, E, AND F.
Q:  DO THOSE APPEAR TO BE THE SAME COMPARTMENT THAT YOU FOUND THE SHOVEL IN?
A:  YES.
Q:  AND IN THOSE PHOTOGRAPHS, THEY MAY NOT BE IN ORDER, BUT THEY SHOW DIFFERENT STAGES OF REMOVING ITEMS FROM THE COMPARTMENT, DON’T THEY?
A:  THAT’S CORRECT.
Q:  SO WHEN YOU OPENED THE COMPARTMENT, DID YOU FIND IT IN THE CONDITION IT IS SHOWN IN PHOTOGRAPH F?
A:  I WOULD SAY SO, YES.
Q:  AND THAT’S WITH APPARENTLY TWO COOLERS IN THE PHOTOGRAPH AND SOME ITEMS LAYING ACROSS THE COOLERS AND THEN SOME ITEMS BESIDE THE COOLERS.
A:  YES.
Q:  AND DID YOU FIND THE SHOVEL IN PHOTOGRAPH — AS SHOWN IN PHOTOGRAPH F NEXT TO THE COOLERS?
A:  IT’S — IN THE PHOTOGRAPH IT WOULD BE TO THE REAR OF THE COOLERS, YES. TO THE LEFT OF THE COOLERS.
Q:  AND THEN PHOTOGRAPHS D SHOWS SOME ITEMS THAT — OR SHOWS THE COMPARTMENT WITH SOME OF THE ITEMS REMOVED, DOESN’T IT?
A:  YES. SPECIFICALLY THE TIN MAN.
Q:  AND IN PHOTOGRAPH D YOU CAN NOW CLEARLY SEE THE SHOVEL, CAN’T YOU?
A:  YES.
Q:  AND IN PHOTOGRAPH E THE SHOVEL’S BEEN REMOVED, HASN’T IT?
A:  THE SHOVEL AND A WOODEN FOLDING CHAIR.
Q:  SO WHEN YOU FIRST OPENED THE COMPARTMENT, IT APPEARED AS IT DID IN PHOTOGRAPH F, THOUGH, IS THAT CORRECT?
A:  TO THE BEST OF MY RECOLLECTION, YES.
Q:  IN YOUR SEARCH OF THE MOTOR HOME, YOU DESCRIBED FINDING SOME LATENT FINGERPRINTS. OR YOU WERE PRESENT WHEN THEY WERE LOCATED.
A:  CORRECT.
Q:  YOU FOUND MORE THAN ONE LATENT FINGERPRINT OR YOU WERE PRESENT WHEN MORE THAN ONE WAS RECOVERED, WEREN’T YOU?
A:  YES.
Q:  APPROXIMATELY HOW MANY LATENT FINGERPRINTS WERE RECOVERED FROM INSIDE THE MOTOR HOME WHEN YOU WERE PRESENT?
A:  AS I RECALL, KAREN LEALCALA TOOK SIX FINGERPRINT LIFTS, SOME OF WHICH MAY HAVE CONTAINED MORE THAN ONE INDIVIDUAL PRINT. THERE MAY BE MULTIPLE PRINTS ON ONE LIFT.
Q:  AND YOU WERE PRESENT WHEN SHE WAS DOING THIS.
A:  YES.
Q:  NOW, AFTER YOUR COMPLETION OF THE PROCESSING OF THE MOTOR HOME, YOU WROTE A REPORT, DIDN’T YOU?
A:  YES.
Q:  AND AFTER YOUR PROCESSING OF THE WESTERFIELD HOUSE YOU ALSO WROTE A REPORT.
A:  CORRECT.
Q:  AND IN WRITING THOSE REPORTS, YOU WERE CAREFUL TO BE ACCURATE, WEREN’T YOU?
A:  AS ACCURATE AS I COULD BE, YES.
Q:  YOU WERE CAREFUL TO INCLUDE ALL THE INFORMATION THAT WERE IMPORTANT OR YOU BELIEVED TO BE IMPORTANT TO THE INVESTIGATION.
A:  YES.
Q:  AND YOU WERE ALSO CAREFUL TO REVIEW THOSE REPORTS FOR ANY INACCURACIES, WEREN’T YOU?
A:  IMMEDIATELY, NO. LATER ON, YES.
Q:  AND LATER ON YOU REVIEWED THE REPORT TO BE SURE THAT THEY INCLUDED ALL THE INFORMATION THAT YOU RECALL BEING IMPORTANT.
A:  AS MUCH AS I COULD RECALL, YES.
Q:  IN FACT, IN YOUR REVIEW OF THE REPORTS, YOU NOTED THAT THERE WERE SOME TYPOGRAPHICAL ERRORS OR INACCURACIES, DIDN’T YOU?
A:  THAT’S CORRECT.
Q:  AND YOU FILED SUPPLEMENTAL REPORTS TO CORRECT THOSE INACCURACIES, DIDN’T YOU?
A:  YES.
Q:  AND AFTER YOU FILED THOSE SUPPLEMENTAL REPORTS TO CORRECT ANY INACCURACIES, IS IT YOUR BELIEF NOW THAT THOSE REPORTS ARE CORRECT WHEN YOU CONSIDER THEM WITH THE SUPPLEMENTAL REPORTS?
A:  ACTUALLY I BELIEVE THAT SINCE I FILED THE LAST SUPPLEMENTAL REPORT THERE MAY HAVE BEEN A COUPLE OTHER INACCURACIES THAT ARE PRIMARILY TYPOS AS OPPOSED TO INCONSISTENCIES WITH WHAT I SAW.
Q:  BUT IT’S YOUR BELIEF THAT YOU’VE INCLUDED ALL THE INFORMATION THAT YOU’RE AWARE OF IN YOUR REPORTS THAT’S IMPORTANT.
A:  YES.
Q:  LATER, ON FEBRUARY 27TH, YOU WENT TO THE SCENE WHERE THE BODY OF DANIELLE VAN DAM WAS RECOVERED, DIDN’T YOU?
A:  THAT’S CORRECT.
Q:  AND AT THAT SCENE YOU NOTED THAT THERE WAS SOME POISON SUMAC AND SOME POISON OAK IN THE AREA.
A:  POISON OAK AND SUMAC, NOT POISON SUMAC, JUST SUMAC.
Q:  IS THERE A SUMAC THAT CAUSES, LIKE POISON OAK, AN ITCHING REACTION?
A:  I’M TOLD THAT SOME PEOPLE ARE ALLERGIC TO SUMAC ITSELF, AND THERE’S ALSO A POISON SUMAC WHICH IS A SEPARATE TYPE OF SHRUB.
Q:  YOU DID SEE POISON OAK, THOUGH, IN THE AREA.
A:  DEFINITELY.
Q:  YOU WERE CAREFUL TO AVOID THAT, WEREN’T YOU?
A:  I THINK I’M IMMUNE TO IT, BUT I WASN’T PARTICULARLY WORRIED ABOUT IT. BUT I KNOW MY FORENSIC SPECIALIST HAD A PREVIOUS REACTION TO IT, AND WE WERE CAREFUL TO NOTE IT, YES.
Q:  AND IN THE EVIDENCE OF — OR IN THE AREA OF THE SCENE WHERE THE BODY WAS LOCATED, YOU NOTED THAT THERE WAS NO EVIDENCE THAT THE BODY OF DANIELLE VAN DAM HAD BEEN DRAGGED OR MOVED TO THAT LOCATION FROM ANOTHER LOCATION, DID YOU?
A:  THAT WAS MY OPINION, YES.
Q:  WERE YOU PRESENT WHEN DR. BLACKBOURNE EXAMINED THE BODY AT THE SCENE?
A:  YES.
Q:  APPROXIMATELY WHAT TIME DID HE EXAMINE THE BODY?
A:  APPROXIMATELY 10:00 P.M. AT NIGHT.
Q:  HOW LONG HAD YOU BEEN THERE WHEN HE ARRIVED TO EXAMINE THE BODY?
A:  WE ARRIVED AT ABOUT 6:00 P.M. WE ACTUALLY BEGAN OUR WORK AT ABOUT 7:00 P.M. HE ARRIVED ABOUT 10:00 P.M. THESE TIMES ARE ALL APPROXIMATE.
Q:  AT SOME POINT AFTER DR. BLACKBOURNE EXAMINED THE BODY, THE BODY WAS PLACED ON A WHITE SHEET, IS THAT CORRECT?
A:  YES.
Q:  WERE YOU PRESENT WHEN THAT OCCURRED?
A:  YES.
Q:  WHO PLACED THE BODY ON A WHITE SHEET?
A:  DR. BLACKBOURNE AND THE BODY REMOVAL TEAM, AND THERE WERE TWO INVESTIGATORS, MEDICAL EXAMINER INVESTIGATORS, PRESENT, AND BETWEEN THEM THEY WOULD HAVE PLACED THE BODY.
Q:  WHERE DID THE WHITE SHEET COME FROM?
A:  THE MEDICAL EXAMINERS PROVIDED THAT AS PART OF THEIR TYPICAL RIG WHEN THEY REMOVE BODIES.
Q:  PAPER BAGS WERE PLACED OVER THE HANDS AND FEET ALSO AND HEAD.
A:  YES.
Q:  AND WHO DID THAT?
A:  THE BODY REMOVAL TEAM OR THE — I’M NOT SURE IF IT WAS THE TEAM MEMBERS OR THE BODY REMOVAL TEAM MEMBERS OR THE MEDICAL EXAMINER INVESTIGATORS. ONE OF THOSE CREWS.
Q:  YOU TOLD US THAT THERE WERE FOUR ZONES THAT WERE SEARCHED IN THE AREA OF THE BODY.
A:  I DIVIDED WHAT I BELIEVED THE AREA TO BE SEARCHED INTO FOUR ZONES, YES.
Q:  THE FIRST ZONE WAS WITHIN FIVE FEET OF THE BODY.
A:  A RADIUS OF APPROXIMATELY FIVE FEET.
Q:  YOU AND YOU TOLD US CRIMINALIST PEER AND ANOTHER CRIMINALIST SEARCHED THAT AREA.
A:  I DID NOT. OTHER THAN VIEWING IT. BUT CRIMINALISTS PEER AND CORNACCHIA WERE ON HANDS AND KNEES PRETTY MUCH SIFTING THROUGH THAT AREA WITH THEIR FINGERS.
Q:  THIS WAS WHAT TIME OF NIGHT?
A:  THIS SEARCH WAS DONE THE FOLLOWING MORNING. THE NIGHT THAT THE BODY WAS REMOVED WAS A VERY — BECAUSE IT WAS SO DARK AND THE LIGHTING WAS INADEQUATE, A VERY CURSORY SEARCH WAS MADE OF JUST WHAT WAS UNDER THE BODY. NOTHING OBVIOUS TO PLAIN SIGHT WAS SEEN OR SEIZED. AND WE SECURED THE SCENE AT THAT TIME. CAME BACK THE NEXT MORNING WHEN WE HAD DAYLIGHT TO WORK WITH. BECAUSE OF THE MINUTE TYPE OF EVIDENCE WE WERE LOOKING FOR, WE DIDN’T WANT TO TAKE A CHANCE ON DISTURBING SOMETHING AT NIGHT IN THE DARKNESS.
Q:  THERE WAS ALSO AN AREA THAT WAS ANOTHER YOU DESCRIBED AS ZONE WHICH WAS FIFTY FEET OUTSIDE THIS FIVE-FOOT RANGE, IS THAT CORRECT?
A:  FIFTY FEET BASICALLY FROM THE BODY. SO FORTY-FIVE FEET OUTSIDE THE FIVE-FOOT RANGE TO BE SPECIFIC. AND IT’S A ROUGH ESTIMATE. IT WASN’T MEASURED.
Q:  AND IS THIS THE AREA THAT YOU SEARCHED?
A:  MYSELF AND KAREN LEALCALA AND DETECTIVE OTT SEARCHED THIS AREA ON FOOT.
(DISCUSSION OFF THE RECORD BETWEEN MR. BOYCE
AND MR. FELDMAN.)
BY MR. BOYCE:
Q:  AND IN YOUR INVESTIGATION I BELIEVE YOU DETERMINED THAT THE LAST PRECIPITATION IN THAT AREA WAS ON FEBRUARY 17TH OF 2002.
A:  BASED ON METEOROLOGICAL RECORDS, YES.
Q:  WHAT DID YOU MEAN TO COMMUNICATE BY THE LAST PRECIPITATION?
A:  RAIN, HEAVY DEW, ANYTHING THAT COULD HAVE ALTERED THE SCENE DUE TO WEATHER ACTIVITY.
(DISCUSSION OFF THE RECORD BETWEEN MR. BOYCE
AND MR. FELDMAN.)
MR. BOYCE: I DON’T HAVE ANYTHING FURTHER, YOUR HONOR.
THE COURT: ANYTHING FURTHER, MR. DUSEK?
MR. DUSEK: YES. THANK YOU.

REDIRECT EXAMINATION
BY MR. DUSEK:
Q:  DETECTIVE, DO YOU STILL HAVE THAT AD IN FRONT OF YOU?
A:  YES, SIR.
Q:  WHEN YOU FOUND IT IN THE HOUSE, DO YOU RECALL HOW IT WAS FOLDED OR POSITIONED?
A:  YES, SIR.
Q:  HOW WAS IT?
A:  IT WAS POSITIONED SO THAT THE AD FOR THE CANOPY WAS THE ONLY THING THAT COULD BE SEEN WHEN FOLDED.
Q:  CAN YOU DUPLICATE THAT FOR US —
A:  I BELIEVE SO.
Q:  — WITH THE EXHIBIT?
A:  I BELIEVE SO.
Q:  WOULD YOU TRY FOR US. THAT’S EXHIBIT?
A:  EXHIBIT 100.
(THE WITNESS COMPLIED.)
Q:  IS THAT FOLDED NOW SO BASICALLY THE ONLY THING VISIBLE IS THE CANOPY BED?
A:  AND A PORTION OF THE TWO ADS ON EITHER SIDE, BUT, NO, NOTHING TO DESCRIBE WHAT THEY ARE.
Q:  ALL RIGHT. THANK YOU, SIR.
WOULD YOU PUT IT IN THE ENVELOPE IN THAT CONDITION.
A:  (THE WITNESS COMPLIED.)
Q:  I THINK YOU TOLD US THAT ONE TIME YOU WERE IN THE VAN DAM RESIDENCE AND SPECIFICALLY DANIELLE’S BEDROOM. IS THAT CORRECT?
A:  YES.
Q:  AND YOU ACTUALLY DID A DRAWING OF THE BEDROOM.
A:  YES.
Q:  IS THERE A WINDOW IN THAT BEDROOM?
A:  THERE IS TWO WINDOWS IN THE BEDROOM.
Q:  LET ME SHOW YOU WHAT WE PREVIOUSLY HAD MARKED AS COURT’S EXHIBIT 23. DO YOU SEE THOSE TWO WINDOWS?
A:  YES, I DO.
Q:  IN WHICH PHOTOGRAPH?
A:  PHOTOGRAPH I.
Q:  AND THERE APPEAR TO BE TWO WINDOWS AT A CORNER. DO YOU KNOW WHERE THEY LOOK OUT?
A:  THAT WOULD BE THE NORTHEAST CORNER OF THE — OF DANIELLE’S BEDROOM. THE WINDOW TO THE LEFT IN THE PHOTOGRAPH LOOKS OUT ONTO THE STREET. THE WINDOW TO THE RIGHT LOOKS OUT TOWARDS THE NEIGHBORING RESIDENCE TO THE EAST.
Q:  SO FROM THE STREET ONE IS ABLE TO SEE INTO DANIELLE’S BEDROOM?
A:  I WOULD SAY SO, YES.
Q:  LET ME SHOW YOU WHAT’S BEEN PREVIOUSLY MARKED AS COURT’S EXHIBIT 14, THIS PHOTO DISPLAY BOARD LABELED AT THE TOP “VAN DAM RESIDENCE,” ROMAN NUMERAL ONE. DO YOU SEE THE EXTERIOR PHOTOGRAPHS OF THE VAN DAM RESIDENCE?
A:  YES, I DO.
Q:  AND DO YOU SEE THE BEDROOM THAT FACES OUT ON THE FRONT FROM DANIELLE’S BEDROOM?
A:  YES.
Q:  WHICH PHOTOGRAPH?
A:  PHOTOGRAPH A AND B.
Q:  COULD YOU TAKE A FELT PEN THERE AND CIRCLE DANIELLE’S BEDROOM IN GREEN, HER WINDOW.
A:  (THE WITNESS COMPLIED.)
Q:  ALL RIGHT. YOU’VE DONE THAT IN BOTH PHOTOGRAPHS A AND B.
COUNSEL ASKED YOU WHEN YOU WERE IN THE OFFICE OF I THINK NEAL’S BEDROOM WHETHER OR NOT THE COMPUTER WAS HOOKED UP TO A MODEM. DO YOU RECALL THAT QUESTION?
A:  YES, SIR.
Q:  DO YOU KNOW WHAT A MODEM IS?
A:  NOT REALLY TO BE HONEST WITH YOU. I KNOW IT’S PART OF A COMPUTER. IF IT’S A SEPARATE PART, I WOULDN’T KNOW WHAT IT LOOKED LIKE. I HAVE A COMPUTER IN MY HOUSE, BUT IT’S MY WIFE’S. I DON’T USE IT.
Q:  AND YOU HAD COMPUTER PEOPLE THERE TO DO THE WORK REGARDING THE COMPUTER.
A:  YES.
Q:  YOU ALSO MENTIONED THE INVESTIGATOR HOWARD LABORE GAVE YOU SOME INFORMATION REGARDING THE BED WHICH CAUSED YOU TO SEIZE THE AD. IS THAT CORRECT?
A:  YEAH. YES, SIR.
Q:  DID YOU EVER SEE HOWARD LABORE INSIDE THE VAN DAM RESIDENCE?
A:  NO.
Q:  DID YOU EVER SEE HOWARD LABORE INSIDE THE WESTERFIELD RESIDENCE?
A:  I DON’T THINK SO, NO.
Q:  DOES HE WORK WITH HOMICIDE?
A:  NO.
Q:  WHO DOES HE WORK WITH?
A:  HE’S PART OF THE ROBBERY UNIT.
Q:  WHEN WAS THE ROBBERY UNIT INVOLVED IN THIS CASE?
A:  I BELIEVE THE DAY BEFORE OR POSSIBLY EVEN TWO DAYS BEFORE WE WERE. THIS WOULD HAVE BEEN ON EITHER SATURDAY OR SUNDAY.
Q:  AND HE WAS ASSIGNED TO ROBBERY AT THAT TIME?
A:  RIGHT. AND THAT’S BECAUSE ROBBERY INVESTIGATES THE SPECIFIC TYPE OF CRIME THEY WERE LOOKING AT AT THE TIME.
Q:  YOU TALKED ABOUT THE ENVELOPE THAT CAME FROM THE WESTERFIELD OFFICE AS BEING HIDDEN BACK IN THE BOOKSHELF. WHAT TYPE OF ITEMS WERE AROUND THE AREA WHERE THE ENVELOPE CAME FROM? IF YOU WANT TO LOOK AT THE PHOTOGRAPH AND —
A:  AGAIN, IT’S WHAT APPEARS TO ME TO EITHER BE A — CAN I USE THE POINTER TO POINT AT IT?
I’M NOT SURE IF THIS WAS A THREE-RING BINDER OR SOME KIND OF A CARDBOARD BOX CONTAINER. AND THEN THERE’S I BELIEVE A RED BOOK KIND OF LOOKS LIKE A DICTIONARY OR SOMETHING SIMILAR.
Q:  YOU ARE REFERRING TO PHOTOGRAPH D ON EXHIBIT 102?
A:  YES, I AM.
Q:  ON THE LOOKS LIKE THE TOP SHELF, EXTREME LEFT-HAND SIDE OF THE PHOTOGRAPH?
A:  THIS BEING THE TOP SHELF, YES.
Q:  ALL RIGHT.
DO THEY GENERALLY APPEAR TO BE COMPUTER WORKS FOR WORK?
A:  I WOULD THINK SO.
Q:  ALL RIGHT.
WHEN YOU WERE SEIZING ITEMS FROM THE HOUSE, FROM THE LAUNDRY, FROM THE GARAGE, DID YOU MAKE ANY EFFORTS TO KEEP THEM SEPARATE FROM EACH OTHER?
A:  YES.
Q:  WHY?
A:  TO AVOID ANY KIND OF CROSS-CONTAMINATION.
Q:  HOW DO YOU KEEP THINGS SEPARATE?
A:  PLACING THEM IN SEPARATE BAGS AND SEALING THOSE BAGS OR FOLDING THEM SHUT.
Q:  ALL RIGHT.
AND WAS THAT DONE IN THIS CASE?
A:  YES.
Q:  QUESTIONS WERE ASKED ABOUT THE SHEET AT THE RECOVERY SITE WHERE DANIELLE WAS AND WAS EVENTUALLY REMOVED. WHAT IS THE SHEET FOR?
A:  TO WRAP THE BODY IN AND CONTAIN ANY POSSIBLE TRACE EVIDENCE THAT MAY ADHERE TO THE BODY AND COULD FALL OFF IN TRANSPORT.
Q:  DO YOU GUYS REUSE THOSE SHEETS?
A:  NO.
Q:  THEY ARE BRAND NEW EACH TIME?
A:  YES.
Q:  AND WAS IT A BRAND NEW ONE USED ON THIS OCCASION?
A:  YES.
Q:  QUESTIONS WERE ASKED REGARDING THE SECURITY OF THE R.V. AT THE IMPOUND YARD WHERE THE PROCESSING TOOK PLACE. DESCRIBE THE SECURITY.
A:  IT’S PART OF THE EASTERN POLICE DIVISION AND TRAFFIC DIVISION FACILITY. THERE’S AN INDOOR AND AN OUTDOOR PORTION. THE INDOOR IS AN ALUMINUM BARN-LIKE STRUCTURE WHICH IS LOCKED. THE MOTOR HOME WAS TOO BIG TO PUT IN THERE. IT WAS STORED IMMEDIATELY OUTSIDE THAT STRUCTURE. THE FACILITY IS SURROUNDED BY A CHAIN-LINK FENCE, AND ON ONE SIDE IS THE TRAFFIC DIVISION OF THE POLICE DEPARTMENT.
Q:  ARE THERE POLICE OFFICERS COMING AND GOING AROUND THERE ALL DAY LONG?
A:  TWENTY-FOUR HOURS A DAY, YES.
Q:  DID YOU LOCK THE MOTOR HOME?
A:  YES.
Q:  WHO HAD THE KEY?
A:  FOR THE MOTOR HOME?
Q:  YEAH.
A:  I DID.
Q:  DID YOU KEEP IT WITH YOU UNTIL YOU WENT BACK THE NEXT DAY?
A:  YES.
Q:  IS THERE EASY ACCESS INTO THAT ENCLOSED YARD?
A:  NO. THE ONLY ACCESS IS THROUGH A GATE WHICH YOU HAVE TO PASS THROUGH EITHER THE EASTERN FACILITY OR THE TRAFFIC FACILITY.
Q:  DOES THE GATE CLOSE AUTOMATICALLY?
A:  NO. THE GATE TO THE FACILITIES, THE POLICE STATION, CLOSE AUTOMATICALLY. THE GATE TO THE STORAGE YARD ITSELF DOES NOT.
Q:  WHEN YOU WENT BACK THE FOLLOWING DAY, DID THERE APPEAR TO BE — WELL, WAS IT STILL LOCKED?
A:  YES.
Q:  DID THERE APPEAR TO BE ANY TAMPERING THAT HAD GONE ON WHILE YOU WERE ABSENT?
A:  NO.
Q:  YOU TALKED ABOUT DOGS BEING BY THE MOTOR HOME AND DOING SOME SORT OF SEARCHING. IS THAT CORRECT?
A:  CORRECT.
Q:  WHEN WAS THAT?
A:  THE FIRST MORNING THAT WE SEARCHED THE MOTOR HOME, WHICH WOULD HAVE BEEN FEBRUARY 6TH. THE FIRST THING THAT WE DID WAS ALLOW THE DOGS TO SEARCH IT.
Q:  DO YOU KNOW THE NAMES OF THE DOGS?
A:  TWO DOGS. YES. ONE WAS HOPI AND ONE WAS CIELO.
Q:  AND YOU SAID ONLY ONE DOG WENT INSIDE AND ONE DOG STAYED OUTSIDE.
A:  HOPI WENT INSIDE; CIELO STAYED OUTSIDE.
Q:  DID YOU GET ANY SAMPLES, HAIR SAMPLES, FROM THOSE DOGS?
A:  WE OBTAINED SAMPLES FROM HOPI. I DON’T BELIEVE WE GOT CIELO’S.
Q:  WERE YOU PRESENT WHEN THE SAMPLE FOR HOPI WAS OBTAINED?
A:  YES, I WAS.
Q:  DID YOU DO IT?
A:  NO, I DID NOT.
Q:  WHAT DID YOU GET?
A:  JENNIFER SHEN, ONE OF THE CRIMINALISTS FOR OUR POLICE LAB., COLLECTED SAMPLE HAIRS FROM THE DOG, PUT THEM IN A BROWN PAPER ENVELOPE, SEALED IT, AND GAVE IT TO ME. I GAVE IT TO KAREN LEALCALA TO BE IMPOUNDED WITH OTHER EVIDENCE IN THIS CASE.
Q:  WHY DIDN’T YOU GET ONE FROM CIELO?
A:  CIELO WAS NOT INSIDE THE MOTOR HOME OR INSIDE THE WESTERFIELD RESIDENCE. HE WAS STRICTLY OUTSIDE THE MOTOR HOME.
MR. DUSEK: THANK YOU, SIR.
THE COURT: ANYTHING FURTHER, MR. BOYCE?

RECROSS-EXAMINATION
BY MR. BOYCE:
Q:  THE LINENS AND THINGS FLYER THAT MR. DUSEK REFERRED TO, WHO ORIGINALLY GAVE THAT TO YOU AT THE RESIDENCE OR POINTED OUT TO YOU?
A:  NOBODY GAVE IT TO ME AT THE RESIDENCE. I WAS TOLD ABOUT ITS EXISTENCE PRIOR TO OUR CONDUCTING THE SEARCH. IT WAS ONE OF THE ITEMS THAT I HAD IN MIND TO LOOK FOR.
Q:  AND DETECTIVE LABORE, YOU ALSO SAW HIM AT THE MOTOR HOME, DIDN’T YOU?
A:  YES.
Q:  AND THIS WAS ON FEBRUARY 6TH OR FEBRUARY 7TH?
A:  THE MORNING OF FEBRUARY 6TH. ACTUALLY HE CAME TO INTRODUCE THE DOGS AND THE DOG HANDLERS TO ME.
Q:  AND IN YOUR SEARCH OF THE COMPARTMENTS AROUND THE MOTOR HOME, YOU ALSO NOTED THAT THERE WAS A DOG BED IN ONE OF THOSE COMPARTMENTS, DIDN’T YOU?
A:  YES.
Q:  NOW, MR. DUSEK ASKED YOU SOME QUESTIONS ABOUT THE SHEET AT DEHESA AND PLACING DANIELLE’S BODY ON THE SHEET. WERE YOU THERE WHEN THAT WAS DONE?
A:  YES.
Q:  DID YOU OBSERVE HOW IT WAS DONE?
A:  YES.
Q:  AND HOW MANY PEOPLE WERE INVOLVED IN DOING THAT?
A:  I BELIEVE FOUR.
Q:  HOW DID THEY DO IT?
A:  THE BODY WAS LIFTED UP. THE SHEET WAS SLID UNDER IT AND THEN FOLDED AROUND IT.
(DISCUSSION OFF THE RECORD BETWEEN MR. BOYCE
AND MR. FELDMAN.)
BY MR. BOYCE:
Q:  AFTER DANIELLE’S BODY WAS PLACED IN THE SHEET, THEN THE BODY WAS TAKEN AWAY, WERE — DID SOMEONE PHOTOGRAPH THAT SCENE?
A:  YES.
Q:  WHO PHOTOGRAPHED IT?
A:  KAREN. KAREN LEALCALA.
Q:  WAS THE AREA UNDERNEATH THE BODY PHOTOGRAPHED?
A:  YES.
Q:  WHEN WAS IT PHOTOGRAPHED?
A:  WELL, I KNOW FOR A FACT IT WAS PHOTOGRAPHED THE NEXT DAY WHEN WE WERE THERE AT DAYLIGHT. I DON’T RECALL IF PHOTOGRAPHS WERE TAKEN IMMEDIATELY AFTER THE BODY WAS REMOVED THAT NIGHT. I WOULD HAVE TO GUESS THAT THERE EITHER WOULD HAVE BEEN OR SHOULD HAVE BEEN.
Q:  AT THIS POINT YOU DON’T HAVE A SPECIFIC RECOLLECTION, THOUGH, AS TO WHEN THE PHOTOGRAPHS WERE TAKEN OF THE AREA UNDERNEATH THE BODY?
A:  NO.
MR. BOYCE: NOTHING FURTHER, YOUR HONOR.
THE COURT: ANYTHING FURTHER?
MR. DUSEK: I’M SORRY, YOUR HONOR. ONE AREA.

FURTHER REDIRECT EXAMINATION
BY MR. DUSEK:
Q:  HOW MANY PEOPLE WERE AROUND THE BODY THAT YOU HAD — THAT YOU SAW AT THE RECOVERY SITE?
A:  PROBABLY ABOUT EIGHT OR NINE. AT ANY GIVEN TIME THERE WERE PROBABLY NO MORE THAN THREE OR FOUR UNTIL THE BODY WAS BEING MOVED.
Q:  TOTAL NUMBER IS WHAT I’M LOOKING FOR.
A:  EIGHT OR NINE.
Q:  DOES ANYONE WEAR HAIRNETS TO MAKE SURE THEIR HAIR DOESN’T FALL ON THE BODY?
A:  NO.
MR. DUSEK: THANK YOU, SIR.
THE COURT: ANYTHING ELSE?

FURTHER RECROSS-EXAMINATION
BY MR. BOYCE:
Q:  WHAT CLOTHING WERE YOU WEARING THAT NIGHT, DO YOU REMEMBER?
A:  WHEN THE BODY WAS FOUND?
Q:  YES.
A:  SPECIFICALLY, NO, I DON’T.
Q:  DO YOU RECALL WHAT ANY OF THE OTHER PEOPLE WERE WEARING THAT NIGHT?
A:  NO.
Q:  WERE THEY IN — WAS ANYONE IN UNIFORM? IN THE PARTY THAT WAS IMMEDIATELY AROUND THE BODY AND ASSISTING IN THE BODY BEING REMOVED, WAS ANYONE WEARING UNIFORMS?
A:  NO.
Q:  WERE THEY WEARING COATS?
A:  IT WAS A PRETTY COOL NIGHT. I’M SURE SOME WERE WEARING COATS, JACKETS.
Q:  DO YOU HAVE A SPECIFIC RECOLLECTION, THOUGH?
A:  NO. I’M SORRY.
Q:  DO YOU HAVE A SPECIFIC RECOLLECTION WHETHER YOU WERE WEARING A JACKET OR A COAT?
A:  I CAN’T EVEN REMEMBER THAT.
Q:  WERE YOU IN PLAINCLOTHES?
A:  YES.
MR. BOYCE: NOTHING FURTHER.
THE COURT: OKAY.
IS THIS DETECTIVE TO BE SUBJECT TO RECALL?
MR. BOYCE: YES, YOUR HONOR.
THE COURT: ALL RIGHT.
DETECTIVE, YOUR TIME WITH US IS DONE. PLEASE REMEMBER THE ADMONITION NOT TO DISCUSS ANY OF YOUR TESTIMONY WITH ANYONE UNTIL THE MATTER IS CONCLUDED, BUT OBVIOUSLY YOU CAN CONDUCT YOUR PROFESSIONAL BUSINESS.
THE WITNESS: THANK YOU.
THE COURT: THEY WILL CALL YOU IF THEY NEED YOU.
(THE WITNESS WAS EXCUSED.)
THE COURT: MR. CLARKE.
MR. CLARKE: THANK YOU, YOUR HONOR.
KAREN LEALCALA.
KAREN LEALCALA,
CALLED AS A WITNESS BY THE PLAINTIFF, HAVING BEEN DULY SWORN, TESTIFIED AS FOLLOWS:
THE CLERK: WOULD YOU PLEASE STATE YOUR NAME AND SPELL IT FOR THE RECORD.
THE WITNESS: MY NAME IS KAREN LEALCALA. L-E CAPITAL
A-L-C-A-L-A.

DIRECT EXAMINATION
BY MR. CLARKE:
Q:  GOOD MORNING.
A:  GOOD MORNING.
Q:  WHO ARE YOU EMPLOYED BY?
A:  THE SAN DIEGO POLICE DEPARTMENT.
Q:  IN WHAT PARTICULAR POSITION?
A:  I’M A FORENSIC SPECIALIST.
Q:  CAN YOU TELL US A LITTLE BIT ABOUT HOW LONG YOU’VE BEEN EMPLOYED BY THE SAN DIEGO POLICE DEPARTMENT AND ANY OTHER POSITIONS THAT YOU MAY HAVE HELD WITH THE DEPARTMENT.
A:  WELL, I STARTED AN INTERNSHIP AS A FORENSIC SPECIALIST WITH SAN DIEGO P. D., AND THEN I WAS HIRED IN JUNE OF 2000.
Q:  INTO WHAT POSITION?
A:  AS A FORENSIC SPECIALIST.
Q:  HAVE YOU BEEN IN THAT POSITION SINCE WHAT WOULD THAT BE, TWO YEARS NOW?
A:  TWO YEARS SINCE I’VE BEEN HIRED, YES. I’VE BEEN THERE A TOTAL OF THREE YEARS.
Q:  ARE YOU FAMILIAR WITH AN INDIVIDUAL NAMED DORIE SAVAGE?
A:  YES, I AM.
Q:  IS YOUR POSITION THE SAME OR A DIFFERENT TYPE OF POSITION THAN DORIE SAVAGE’S?
A:  IT’S THE SAME POSITION AS DORIE’S.
Q:  CAN YOU DESCRIBE FOR THE JURY, PLEASE, YOUR EDUCATION, TRAINING, AND EXPERIENCE THAT LED YOU TO YOUR CURRENT POSITION AS A FORENSIC SPECIALIST.
A:  YES. I HAVE A BACHELOR’S DEGREE FROM PENN STATE UNIVERSITY, AND I HAVE AN ASSOCIATE IN SCIENCE DEGREE FROM GROSSMONT COLLEGE, WHERE MY MAJOR WAS EVIDENCE TECHNOLOGY.
Q:  CAN YOU DESCRIBE FOR US, PLEASE, ANY TRAINING THAT YOU RECEIVED, AND I BELIEVE YOU SAID THAT YOU ACTUALLY SERVED AS AN INTERNE WITH THE DEPARTMENT. IS THAT RIGHT?
A:  YES, I DID. I STARTED OUT INTERNING THERE PRIOR TO BEING HIRED. I TRAINED WITH EXPERIENCED FORENSIC SPECIALISTS STARTING OUT IN THE LABORATORY BY LEARNING HOW TO PROCESS EVIDENCE FOR FINGERPRINTS. EVENTUALLY THAT PROGRESSED TO WHERE I STARTED GOING OUT TO CRIME SCENES WITH OTHER FORENSIC SPECIALISTS.
Q:  DID THAT TRAINING INCLUDE IN THE VARIOUS COLLECTION METHODS FOR DIFFERENT TYPES OF EVIDENCE AT, FOR EXAMPLE, CRIME SCENES?
A:  YES.
Q:  I WOULD LIKE TO DRAW YOUR ATTENTION IF I COULD TO THE DATE OF FEBRUARY 5TH, 2002, AND ASK IF YOU WERE REQUESTED TO GO TO A PARTICULAR LOCATION ON MOUNTAIN PASS ROAD IN THE CITY OF SAN DIEGO.
A:  YES, I WAS.
Q:  ALL RIGHT.
DO YOU RECALL APPROXIMATELY WHAT TIME OF DAY THAT WAS?
A:  IT WAS EARLY IN THE MORNING. 2:00 OR 2:30 I BELIEVE.
Q:  WHAT WAS THE LOCATION THAT YOU ACTUALLY WENT TO?
A:  DAVID WESTERFIELD’S HOME.
Q:  ALL RIGHT.
DO YOU RECALL THE ADDRESS?
A:  I BELIEVE IT WAS 11995 MOUNTAIN PASS ROAD.
Q:  WHAT WERE YOU REQUESTED TO DO AT THAT LOCATION?
A:  I WAS THERE TO TAKE PHOTOGRAPHS AND POSSIBLY COLLECT ANY EVIDENCE THAT WE MIGHT FIND THERE.
Q:  TELL US ABOUT AFTER YOUR ARRIVAL THERE WHAT TOOK PLACE.
A:  ONCE I ENTERED THE HOME, IS THAT WHAT YOU’RE ASKING?
Q:  DID THERE COME A TIME YOU DID ENTER THE HOME?
A:  YES.
Q:  FOR WHAT REASON?
A:  IT WAS TO TAKE PHOTOGRAPHS AND TO COLLECT EVIDENCE THERE.
Q:  AND DID YOU IN FACT DO THAT AT THAT LOCATION OVER A PERIOD OF TIME?
A:  YES, I DID.
Q:  TELL US ABOUT YOUR ENTRY OF THE RESIDENCE AND WHAT YOU DID AT THAT POINT.
A:  WELL, I FOLLOWED THE DETECTIVES THAT WERE THERE ALSO INTO THE HOME. AND I TOOK PHOTOGRAPHS AFTER THEY HAD ENTERED THE HOME.
Q:  SO IS THE FIRST STAGE OF WHAT YOU DID AT THAT SCENE BASICALLY TO START TAKING PHOTOGRAPHS?
A:  YES.
Q:  IN VARIOUS PARTS OF THE HOUSE?
A:  YES.
Q:  IS THERE A PORTION OR PHASE THEN WHERE YOU BEGIN COLLECTING EVIDENCE?
A:  YES.
Q:  HOW DO YOU GO ABOUT THAT?
A:  WELL, I USUALLY WORK WITH AT LEAST ONE OTHER DETECTIVE IN IDENTIFYING WHAT TYPES OR WHAT EVIDENCE WE WERE GOING TO COLLECT AT THAT SCENE. AND AFTER DOING THE PHOTOGRAPHY, I WOULD LAY OUT YELLOW PLACARDS WITH NUMBERS ON THEM TO DETERMINE WHICH PIECES OF EVIDENCE WE WERE GOING TO COLLECT.
Q:  IS THIS SORT OF A TEAM EFFORT IN TERMS OF WHAT YOU ULTIMATELY DECIDE TO COLLECT?
A:  YES.
Q:  YOU MENTIONED A DETECTIVE THAT I THINK YOU WALKED AROUND WITH. WHO WAS THAT?
A:  DETECTIVE TOMSOVIC.
Q:  IS THAT THE GENTLEMAN WHO JUST LEFT THE COURTROOM?
A:  YES.
Q:  ALL RIGHT.
CAN YOU TELL US ABOUT WHAT TIME OF THE DAY ON THE 5TH YOU ACTUALLY BEGAN THE COLLECTION OF EVIDENCE PROCESS?
A:  I DON’T RECALL WITHOUT LOOKING AT MY REPORT, NO.
Q:  ALL RIGHT.
DO YOU HAVE YOUR REPORT WITH YOU?
A:  I DO.
Q:  WOULD IT REFRESH YOUR RECOLLECTION TO LOOK AT THAT REPORT?
A:  YES, IT WOULD.
Q:  ALL RIGHT.
PLEASE DO SO.
A:  I BEGAN MY COLLECTION OF EVIDENCE THERE AT APPROXIMATELY 0823 HOURS.
Q:  IS THAT 8:23 IN THE MORNING?
A:  YES.
Q:  AT THIS PARTICULAR LOCATION, WHEN YOU BEGAN THE COLLECTION PROCESS, DO YOU USE GLOVES AT ALL AS PART OF THAT COLLECTION METHOD?
A:  I ALWAYS WEAR GLOVES WHEN I COLLECT EVIDENCE, YES.
Q:  AND DID YOU DO THAT ON THIS OCCASION AS WELL?
A:  YES, I DID.
Q:  ALL RIGHT.
I WOULD LIKE TO ASK YOU A SERIES OF QUESTIONS ABOUT VARIOUS ITEMS OF EVIDENCE THAT YOU COLLECTED. BUT FIRST OF ALL, DID YOU COLLECT A NUMBER OF ITEMS OF EVIDENCE AT THAT PARTICULAR TIME AND PLACE?
A:  YES.
Q:  IN PARTICULAR DID ONE OF THOSE ITEMS THAT YOU COLLECTED INCLUDE MATERIAL INSIDE A WASHING MACHINE?
A:  YES.
MR. CLARKE: IT’S STARTING TO GET CROWDED IN THE BOARD DEPARTMENT, YOUR HONOR.
/ / /
BY MR. CLARKE:
Q:  MISS LEALCALA, IF I CAN REFER YOUR ATTENTION TO AN EXHIBIT THAT’S BEEN MARKED EXHIBIT 45, HAVE YOU HAD A CHANCE TO LOOK AT THIS BOARD EARLIER THIS MORNING?
A:  YES, I DID.
Q:  DOES IT APPEAR FAMILIAR?
A:  YES.
Q:  WHAT DOES IT SHOW?
A:  IT SHOWS THE LAUNDRY AREA IN DAVID WESTERFIELD’S HOME.
Q:  ALL RIGHT.
IN PARTICULAR I WOULD LIKE TO DIRECT YOUR ATTENTION TO PHOTOGRAPHS — WELL, LET ME ASK IT A DIFFERENT WAY.
IT APPEARS THAT ONE OR MORE OF THOSE PHOTOGRAPHS SHOW A WASHING MACHINE. IS THAT CORRECT?
A:  YES.
Q:  ALL RIGHT.
COULD YOU JUST POINT THOSE OUT FOR US. I BELIEVE THERE’S A POINTER THERE ON THE STAND.
A:  THE WASHING MACHINE IS SHOWN HERE, AND HERE IN THIS PHOTOGRAPH, AS WELL AS THIS.
Q:  ALL RIGHT.
FOR THE RECORD, YOU’VE POINTED TO FIRST PHOTOGRAPH A ON THE LEFT-HAND SIDE OF THE PHOTO. IS THAT CORRECT?
A:  YES.
Q:  AS WELL AS THE LEFT-HAND SIDE OF PHOTOGRAPH B.
A:  RIGHT.
Q:  AND THEN I SUPPOSE BASICALLY ALL OF PHOTOGRAPH C. IS THAT RIGHT?
A:  CORRECT.
Q:  WHEN YOU LOOKED AT THIS WASHING MACHINE, DID IT HAVE ANYTHING INSIDE IT?
A:  YES.
Q:  WHAT?
A:  THERE WERE WET I BELIEVE THEY WERE SHEETS.
Q:  CAN YOU TELL US WHAT TYPES OF ITEMS WERE INSIDE THE MACHINE?
A:  I COULD IF I LOOKED AT MY REPORT.
Q:  ALL RIGHT. PLEASE DO SO.
MR. FELDMAN: YOUR HONOR, JUST FOR THE RECORD, PLEASE, COULD SHE REFER TO WHICH SHE IS REFERRING, TO WHICH REPORT?
THE COURT: ALL RIGHT.
DID YOU DO A VARIETY OF REPORTS?
THE WITNESS: YES, I DID.
THE COURT: JUST GIVE US THE DATE OF THE REPORT THAT YOU’RE USING TO REFRESH YOUR RECOLLECTION.
THE WITNESS: THIS REPORT IS DATED FEBRUARY THE 19TH, 2002.
MR. FELDMAN: THANK YOU.
THE COURT: ALL RIGHT.
BY MR. CLARKE:
Q:  ALL RIGHT. HAVE YOU HAD A CHANCE TO LOOK AT THAT IN TERMS OF THE ITEMS CONTAINED IN THE WASHING MACHINE?
A:  YES.
Q:  CAN YOU TELL US BROADLY WHAT THEY INCLUDE.
A:  TOWELS, PILLOW SHAMS, BEDSPREADS.
Q:  APPEAR TO BE LINEN-TYPE MATERIALS FOR LACK OF A BETTER TERM?
A:  YES.
Q:  DID YOU COLLECT THE ITEMS THAT WERE INSIDE THE WASHER?
A:  YES, I DID.
Q:  WE NOTICE IN PHOTOGRAPH C ON EXHIBIT 45 I BELIEVE IT IS THAT THERE SEEMS TO BE A SIGN IN THE MIDDLE NUMBERED 5. IS THAT RIGHT?
A:  YES.
Q:  DO YOU PLAY ANY ROLE IN PLACING THOSE SIGNS OR OTHERWISE ASSOCIATING THEM WITH VARIOUS PIECES OF EVIDENCE?
A:  YES. I DO PLACE THOSE PLACARDS.
Q:  SO YOU ARE THE PERSON THAT PUT THEM THERE?
A:  YES, I AM.
Q:  ALL RIGHT.
IN COLLECTING THOSE ITEMS INSIDE THE WASHER, DID YOU TAKE THEM AND ASSIGN THEM AN ITEM NUMBER?
A:  YES.
Q:  ALL RIGHT.
WHAT WAS THAT?
A:  THAT WOULD BE ITEM NUMBER 5.
Q:  AND THEN YOU COLLECT THEM AND ULTIMATELY IMPOUND THEM AS EVIDENCE?
A:  YES, I DID.
Q:  ALL RIGHT.
I WOULD ALSO LIKE TO DIRECT YOUR ATTENTION TO WHAT APPEARS TO BE A DRYER ALSO SHOWN ON EXHIBIT 45. WOULD THAT BE ON THE RIGHT-HAND SIDE OF PHOTOGRAPHS A AND B?
A:  YES.
Q:  IS THE DRYER ALSO SHOWN IN ANY OF THE REMAINING PHOTOGRAPHS ON EXHIBIT 45?
A:  YES. THE DRYER WOULD BE IN PHOTOGRAPHS D AND E.
Q:  IN PARTICULAR THERE APPEAR TO BE ITEMS ON TOP OF THE DRYER AS SHOWN AT LEAST IN PHOTOGRAPHS A, B, AND D, IS THAT RIGHT?
A:  YES.
Q:  WHAT DID YOU FIND WHEN YOU LOOKED AT THOSE PARTICULAR ITEMS?
A:  CLOTHING.
Q:  ALL RIGHT.
COULD YOU DESCRIBE FOR US WHAT THAT CLOTHING INCLUDED?
A:  YES. IT INCLUDES SHIRTS. I BELIEVE THERE WERE TOWELS. AND THOSE THINGS WERE DAMP.
Q:  SO WAS THIS A COMBINATION OF CLOTHING AND LINEN?
A:  YES.
Q:  AND THEY WERE DAMP I BELIEVE YOU SAID.
A:  YES.
Q:  DID YOU COLLECT THEM?
A:  YES, I DID.
Q:  DID YOU ASSIGN THEM A PARTICULAR ITEM NUMBER?
A:  YES, I DID.
Q:  WHAT WAS THAT?
A:  THAT WOULD BE ITEM NUMBER 6.
Q:  JUST IN TERMS OF COLLECTING ITEMS LIKE BEDDING, LINEN, CLOTHING THAT WAS IN THE WASHER OR ON TOP OF THE DRYER, FOR THAT MATTER INSIDE THE DRYER, HOW DID YOU PACKAGE ITEMS LIKE THAT?
A:  I WOULD PACKAGE THEM IN PAPER BAGS.
Q:  ARE THESE LARGE PAPER BAGS?
A:  YES.
Q:  ALL RIGHT.
YOU CAN SEE I THINK THREE BAGS THAT APPEAR TO BE BETWEEN YOU AND I HERE IN THE MIDDLE OF THE COURTROOM THAT APPEAR TO BE FAIRLY LARGE. ARE THOSE THE TYPES OF BAGS THAT YOU WOULD HAVE UTILIZED?
A:  YES.
Q:  ALL RIGHT.
MISS LEALCALA, DID YOU ALSO IN TERMS OF YOUR EXAMINATION OF THIS AREA LOOK INSIDE THE DRYER ITSELF?
A:  YES, I DID.
Q:  WHAT DID YOU FIND IN THERE?
A:  THERE WERE ALSO TOWELS IN THE DRYER.
Q:  WERE THERE ANY ITEMS OF CLOTHING?
A:  I WOULD HAVE TO LOOK AT MY NOTES TO REFRESH MY MEMORY.
Q:  ALL RIGHT. WOULD YOU PLEASE DO THAT.
A:  YES. THERE WERE OTHER ITEMS BESIDES TOWELS IN THERE.
Q:  CAN YOU DESCRIBE THEM FOR US, PLEASE.
A:  THERE’S SHIRTS, UNDERPANTS, SOCKS, A DRYER SHEET, PILLOWCASES.
Q:  WERE THERE ANY ITEMS OF UNDERWEAR IN THEM?
A:  YES.
Q:  ALL RIGHT.
MR. CLARKE: YOUR HONOR, I HAVE HAD MARKED AS WHAT I BELIEVE WILL BE COURT’S EXHIBIT 105, —
THE COURT: ALL RIGHT.
MR. CLARKE: — A PACKAGE APPEARS TO BE USING WHITE PAPER LABELED AMONGST OTHER ITEMS ITEM 7-I.
THE COURT: ALL RIGHT.
MR. CLARKE: AND I WILL RETURN TO THAT IN A MOMENT IF I MAY.
(WHITE PAPER PACKAGE AND CONTENTS [BOXER SHORTS]
MARKED TRIAL EXHIBIT NUMBER 105 FOR IDENTIFICATION.)
BY MR. CLARKE:
Q:  WHILE WE HAVE THE EXHIBIT UP HERE, EXHIBIT 45 WITH THE PHOTOGRAPHS, WITH RESPECT TO THE ITEMS INSIDE THE DRYER, ARE THEY SHOWN ON THAT PARTICULAR EXHIBIT?
A:  YES.
Q:  AND JUST TELL US WHERE, PLEASE, WHAT PHOTOGRAPHS.
A:  THE ITEMS IN THE DRYER?
Q:  YES.
A:  WOULD BE PHOTOGRAPH E MARKED AS NUMBER 7 WITH THE PLACARD.
Q:  ALL RIGHT.
IS IT ALSO SHOWN IN PHOTOGRAPH I IN PARTICULAR THE CONTENTS? I’M SORRY. PHOTOGRAPH E.
A:  YES.
Q:  AND DOES PHOTOGRAPH E APPEAR TO BE A CLOSEUP OF PHOTOGRAPH B AT LEAST FROM APPROXIMATELY THE SAME ANGLE?
A:  YES.
Q:  DID YOU COLLECT THOSE ITEMS INSIDE THE DRYER?
A:  YES, I DID.
Q:  ALL RIGHT.
I WOULD LIKE TO SHOW YOU A PACKAGE THAT’S BEEN LABELED COURT’S EXHIBIT 105 AND ASK IF THAT APPEARS FAMILIAR TO YOU.
A:  NOT THAT PACKAGING, NO.
Q:  ALL RIGHT.
DOES IT HAVE AN ITEM NUMBER ON IT?
A:  YES, IT DOES.
Q:  AND WHAT IS THAT ITEM NUMBER?
A:  IT SAYS ITEM 7-I.
Q:  IS THERE ANY LABELING AS TO WHAT THE CONTENTS OF THAT PARTICULAR ITEM ARE?
A:  YES.
Q:  WHAT IS THAT?
A:  IT SAYS MEDIUM BOXER SHORTS.
Q:  THE ITEMS THAT YOU COLLECTED FROM INSIDE THE DRYER, DID THAT INCLUDE AN ITEM WITH THAT SAME DESCRIPTION?
A:  YES.
Q:  ALL RIGHT. MISS LEALCALA, I AM GOING TO ASK YOU TO OPEN THAT AND WOULD A KNIFE HELP DO THAT OR DO YOU HAVE ONE?
A:  I DON’T HAVE A KNIFE.
Q:  ALL RIGHT. I THINK WE MIGHT HAVE ONE HERE.
A:  (THE WITNESS COMPLIED.)
Q:  AND WOULD YOU DESCRIBE — I BELIEVE YOU’VE HAD A CHANCE TO UNWRAP THE PACKAGE. CAN YOU DESCRIBE FOR US ITS CONTENTS.
A:  YES. THERE’S A PAIR OF BLACK-AND-GRAY, WHITE-STRIPED BOXER SHORTS.
Q:  DOES THAT ITEM APPEAR TO BE ONE OF THE ITEMS THAT YOU SEIZED FROM THE DRYER, ITEM NUMBER 7, IN THE WESTERFIELD HOUSE?
A:  YES.
Q:  IF YOU COULD, I’M GOING TO ASK YOU TO PACKAGE IT BACK UP. SORRY.
A:  (THE WITNESS COMPLIED.)
Q:  ALL RIGHT.
LET ME GET THAT OUT OF THE WAY.
THE COURT: COUNSEL, LET’S RUBBER-BAND THAT ALL TOGETHER. JUST OUT OF AN ABUNDANCE OF CAUTION.
MR. CLARKE: THANK YOU, YOUR HONOR.
THE COURT: ALL RIGHT.
BY MR. CLARKE:
Q:  FROM YOUR DESCRIPTIONS I GATHER THERE WERE A NUMBER OF ITEMS OF CLOTHING OR LINEN INSIDE BOTH THE WASHER, ON TOP OF THE DRYER, AND INSIDE THE DRYER. IS THAT RIGHT?
A:  YES, THERE WERE.
Q:  WHEN YOU COLLECT ITEMS OF EVIDENCE LIKE THAT, DO YOU PERFORM IMMEDIATE EXAMINATION TO SEE WHAT, IF ANY, EVIDENCE MIGHT BE EITHER INSIDE OR ATTACHED TO ANY OF THOSE ITEMS?
A:  YES. I LOOK AT THE ITEMS AS I’M COLLECTING THEM.
Q:  IS THIS AN EXAMINATION THAT YOU PERFORM WITH A MICROSCOPE OR IS IT A FAIRLY CURSORY OR QUICK EXAMINATION?
A:  IT’S MORE OF A CURSORY EXAMINATION AT THE SCENE.
Q:  WITH ITEMS SUCH AS CLOTHING, LINEN, AND SO FORTH, ARE THOSE THE TYPES OF ITEMS THAT ARE EXAMINED BY CRIMINALISTS BACK IN THE LABORATORY AS WELL?
A:  YES.
Q:  I’M NOT SURE WE’VE DEFINED CRIMINALIST. WHAT’S A CRIMINALIST BRIEFLY?
A:  CRIMINALISTS ARE TRAINED TO LOOK — WELL, DEPENDS WHAT THEIR SPECIALTY IS. WE HAVE TRACE EVIDENCE CRIMINALISTS, CRIMINALISTS THAT DEAL WITH GUNSHOTS.
Q:  BUT THESE ARE INDIVIDUALS WHO ARE TRAINED IN A PARTICULAR FIELD OF EXPERTISE.
A:  YES.
Q:  YOU ARE NOT A CRIMINALIST, IS THAT RIGHT?
A:  NO, I’M NOT.
Q:  DID YOUR SEARCH OF THE RESIDENCE ALSO INCLUDE THE MASTER BEDROOM AREA?
A:  YES.
Q:  MISS LEALCALA, I’M GOING TO SHOW YOU A COUPLE OF PHOTOGRAPHS, FIRST OF WHICH HAS ALREADY BEEN MARKED AND DESCRIBED AS EXHIBIT 46. HAVE YOU HAD A CHANCE TO LOOK AT THESE PHOTOGRAPHS EARLIER THIS MORNING AS WELL?
A:  YES.
Q:  DO THESE PHOTOGRAPHS INCLUDE PHOTOGRAPHS THAT YOU TOOK WHILE YOU WERE AT THE RESIDENCE?
A:  YES.
Q:  IN PARTICULAR DID YOU SEIZE ITEMS OF EVIDENCE FROM THE BEDROOM?
A:  YES, I DID.
Q:  ALL RIGHT.
DID THAT INCLUDE OR DID YOUR COLLECTION OF EVIDENCE INCLUDE RETRIEVING ANY ITEMS FROM THE HEADBOARD AREA IN THAT BEDROOM?
A:  YES.
Q:  CAN YOU DESCRIBE IT, PLEASE.
A:  YES. MAY I LOOK AT MY NOTES TO REFRESH MY MEMORY.
Q:  IF THAT WOULD ASSIST YOU, YES.
A:  I COLLECTED VIDEO CASSETTE TAPES AND A BOTTLE OF WHAT WAS LABELED AS I.D. JUICY LUBE.
Q:  ALL RIGHT.
IF YOU COULD, ARE THERE ANY PHOTOGRAPHS ON EXHIBIT 46 THAT DEMONSTRATE THE LOCATION OF THE — I’M SORRY. YOU SAID BOTTLE OF JUICY LUBE?
A:  YES.
Q:  ANYWHERE ON THOSE PHOTOGRAPHS THAT YOU RETRIEVED THAT ITEM OR IF THERE’S ANOTHER PHOTOGRAPH THAT MIGHT DEPICT IT BETTER?
A:  WELL, PHOTOGRAPH D SHOWS THE HEADBOARD. AND INSIDE OF THE HEADBOARD IS WHERE I COLLECTED THOSE ITEMS FROM.
Q:  ALL RIGHT.
PHOTOGRAPH D ON EXHIBIT 46, IS THAT RIGHT?
A:  YES.
MR. CLARKE: YOUR HONOR, I HAVE ALSO HAD MARKED A SMALLER PHOTOBOARD, EXHIBIT 107, CONSISTING OF TWO PHOTOGRAPHS, A AND B, LABELED AT THE TOP “WESTERFIELD RESIDENCE MASTER BEDROOM.”
(PHOTOBOARD CONTAINING TWO PHOTOGRAPHS MARKED
TRIAL EXHIBIT NUMBER 107 FOR IDENTIFICATION.)
BY MR. CLARKE:
Q:  MISS LEALCALA, DO EITHER — FIRST OF ALL, DO YOU RECOGNIZE THE PHOTOS ON EXHIBIT 107?
A:  YES.
Q:  DO THEY APPEAR TO BE MORE CLOSEUPS OF THE AREA OF THE MASTER BEDROOM, INCLUDING SIGNS WITH ITEM NUMBERS?
A:  YES.
Q:  DO ONE OR MORE OF THOSE PHOTOGRAPHS DEPICT THE LOCATION OF THE BOTTLE OF JUICY LUBE, ITEM NUMBER 8?
A:  YES. YOU CAN SEE IT BEST IN A WHERE ITEM NUMBER 8 IS.
Q:  ALL RIGHT.
JUST FOR THE RECORD, YOU’VE USED THE POINTER AND ARE POINTING TO PHOTOGRAPH A IN EXHIBIT 107, SLIGHTLY TO THE RIGHT OF CENTER, APPEARS TO BE EITHER IN OR AGAINST THE HEADBOARD WITH THE SIGN NUMBER 8, IS THAT RIGHT?
A:  CORRECT.
Q:  COULD YOU JUST POINT TO IT ONE MORE TIME BECAUSE THE PLACARD IS KIND OF HARD TO SEE.
A:  (THE WITNESS COMPLIED.)
Q:  ALL RIGHT. THANK YOU.
DID YOU SEIZE THAT PARTICULAR ITEM?
A:  YES, I DID.
Q:  DID YOU ALSO COLLECT ANY EVIDENCE FROM THE ACTUAL BED IN THE MASTER BEDROOM?
A:  YES, I DID.
Q:  WHAT WAS IT YOU COLLECTED?
A:  I COLLECTED PILLOWCASES, A FITTED SHEET, AND A FLAT SHEET.
Q:  DID THOSE ITEMS APPEAR TO HAVE A PATTERN TO THEM?
A:  YES.
Q:  DID THE PATTERN APPEAR TO BE THE SAME OR DIFFERENT AMONGST THE TWO PILLOWCASES, THE FITTED SHEET, AND THE FLAT SHEET?
A:  THEY APPEARED TO ALL MATCH.
Q:  JUST SO WE’RE CLEAR ON EXHIBIT 107, DO BOTH PHOTOGRAPHS SHOW NOT ONLY THE PILLOWCASES BUT ALSO AT LEAST ONE OF THE SHEETS?
A:  YES.
Q:  AS FAR AS THE PATTERN, ARE WE THEN ABLE TO SEE THE PATTERN FROM LOOKING AT PHOTOGRAPHS A AND B ON 107?
A:  YES.
Q:  DID YOU THEN COLLECT THOSE ITEMS?
A:  YES, I DID.
Q:  HOW DID YOU COLLECT THEM?
A:  I WOULD HAVE PLACED THOSE IN PAPER BAGS.
Q:  AGAIN THESE LARGE-TYPE PAPER BAGS THAT YOU’VE DESCRIBED EARLIER?
A:  EITHER A LARGE ONE OR POSSIBLY A SMALLER ONE. JUST DEPENDS ON THE SIZE OF THE ITEM WHAT SIZE BAG I USE.
Q:  SO THE SIZE OF THE ITEMS AND THE VOLUME OF THEM DICTATES THE BAG THAT YOU USE?
A:  YES.
Q:  I WOULD NOW LIKE TO ASK YOU IF IN YOUR SEARCH YOU ALSO COLLECTED ITEMS FROM THE OFFICE AREA OF THE RESIDENCE.
A:  YES, I DID.
Q:  SHOWING YOU AN EXHIBIT THAT’S BEEN MARKED 102, LABELED AT THE TOP “WESTERFIELD RESIDENCE OFFICE.” HAVE YOU HAD A CHANCE TO LOOK AT THESE PHOTOS EARLIER TODAY?
A:  YES.
Q:  DO THEY APPEAR TO BE PHOTOGRAPHS TAKEN BY YOU?
A:  YES.
Q:  IN PARTICULAR DID YOU COLLECT ITEMS THAT WERE OBTAINED FROM THE OFFICE AREA, INCLUDING SOME COMPACT DISKS AND ZIP DISKS?
A:  YES, I DID.
Q:  DID YOU THEN COLLECT THEM, ASSIGN THEM AN ITEM NUMBER FOR ANY LATER ANALYSIS THAT WAS DESIRED?
A:  YES.
Q:  WHAT ITEM NUMBER DID YOU GIVE THOSE PARTICULAR ITEMS?
A:  ARE YOU REFERRING TO THE C. D.’S AND THE ZIP DISKS?
Q:  YES.
A:  12-A.
Q:  ALL RIGHT.
I DON’T THINK I HAD YOU DESCRIBE. HOW MANY OF THESE COMPUTER-TYPE ITEMS WERE INVOLVED IN ITEM NUMBER 12 OR 12-A?
A:  THERE WERE THREE C.D.’S AND THREE ZIP DISKS.
Q:  ARE YOU FAMILIAR WITH WHAT LOCATION THEY WERE OBTAINED FROM INSIDE THE OFFICE?
A:  YES.
Q:  WHAT WAS THAT?
A:  THEY WERE IN A BOOKCASE IN THE OFFICE.
Q:  THERE APPEAR TO BE PHOTOGRAPHS ON EXHIBIT 102, ESPECIALLY AT THE BOTTOM. LET’S START WITH THOSE TWO THAT HAVE THE SIGN 12. DO YOU SEE THOSE?
A:  YES.
Q:  DO BOTH THOSE PHOTOS WHICH I BELIEVE ARE I AND J ACTUALLY SHOW THE CONTENTS OF EXHIBIT 12 OR 12-A? AND PLEASE CLARIFY THAT.
A:  YES. WELL, THE PHOTOGRAPH LABELED I SHOWS 12, AND PART OF 12 I SUB ITEMED AS 12-A, WHICH WOULD HAVE BEEN THE ZIP DISKS AND THE C.D.’S.
Q:  OKAY.
SO THAT WAS THE DIFFERENCE BETWEEN WHAT YOU LABELED 12 AND WHAT YOU LABELED 12-A
A:  YES.
Q:  ALL RIGHT.
I WOULD LIKE TO RETURN FOR A MOMENT, IF I COULD, MS. LEALCALA, TO THE BEDDING. I DON’T BELIEVE I ASKED YOU A NUMBER THAT YOU ASSIGNED TO THE ACTUAL BEDDING. I THINK MAYBE WE CAN USE THIS SMALL PHOTOGRAPH, EXHIBIT 107. THERE APPEARS TO BE A SIGN ON THE ACTUAL BED ITSELF. IS THAT RIGHT?
A:  YES.
Q:  AND WHAT NUMBER DOES THAT SIGN SHOW?
A:  NUMBER 9.
Q:  IS THAT THE NUMBER THAT YOU ASSIGNED ALL OF THE BEDDING TO?
A:  YES, IT IS.
Q:  IN YOUR SEARCH, DID YOU ALSO COLLECT ITEMS FROM THE GARAGE AREA OF THE WESTERFIELD RESIDENCE?
A:  YES, I DID.
MR. CLARKE: YOUR HONOR, I HAVE HAD MARKED AS ADDITIONAL PHOTOBOARD WHICH HAS BEEN NUMBERED 106 A SERIES OF FOUR PHOTOGRAPHS LABELED AT THE TOP “WESTERFIELD RESIDENCE GARAGE.”
THE COURT: ALL RIGHT.
(PHOTOBOARD CONTAINING FOUR PHOTOGRAPHS MARKED
TRIAL EXHIBIT NUMBER 106 FOR IDENTIFICATION.)
MR. CLARKE: AND THESE ARE A, B, C, D THIS TIME.
THE COURT: ALL RIGHT.
BY MR. CLARKE:
Q:  MISS LEALCALA, DID YOU HAVE THE OPPORTUNITY TO GO INSIDE THE GARAGE, VIEW AND COLLECT ITEMS OF EVIDENCE?
A:  YES.
Q:  SHOWING YOU EXHIBIT 106, CONSISTING OF FOUR PHOTOGRAPHS, A THROUGH D. IS WHAT’S SHOWN IN THOSE PHOTOGRAPHS FAMILIAR TO YOU?
A:  YES.
Q:  DO THEY IN FACT SHOW VARIOUS ITEMS AND DIFFERENT ANGLES OF PHOTOGRAPHY FROM INSIDE MR. WESTERFIELD’S GARAGE?
A:  YES.
Q:  IN PARTICULAR CAN I DRAW YOUR ATTENTION TO I THINK IT’S PHOTOGRAPH B, APPEARS TO BE A TRASH CAN. ARE YOU FAMILIAR WITH THAT ITEM?
A:  YES.
Q:  IS THAT AN ITEM THAT YOU COLLECTED FROM INSIDE THE WESTERFIELD GARAGE?
A:  YES, IT IS.
Q:  DESCRIBE WHAT THAT ITEM WAS, IF YOU WOULD, PLEASE.
A:  IT’S A BLACK PLASTIC TRASH BAG, AND IT CONTAINED FOOD ITEMS AND OTHER TRASH.
Q:  JUST SO WE CAN BE ORIENTED, IS THAT TRASH CAN SHOWN IN PHOTOGRAPH B OR TRASH BAG? FIRST OF ALL, WAS IT A CAN OR BAG OR BOTH?
A:  WELL, I DIDN’T COLLECT THE TRASH CAN. THE PLASTIC BAG IS INSIDE OF THE TRASH CAN, A PLASTIC TRASH CAN.
Q:  IS THAT WHAT WE CAN SEE A HANDLE IT LOOKS LIKE AT THE BOTTOM OF PHOTOGRAPH B?
A:  YES.
Q:  BUT YOU DID NOT COLLECT THE ACTUAL TRASH CAN.
A:  CORRECT.
Q:  YOU COLLECTED THE BAG AND ITS CONTENTS?
A:  THAT’S CORRECT.
Q:  DOES PHOTOGRAPH A OR D SHOW US THE LOCATION OF WHERE THAT PARTICULAR TRASH CAN, BAG AND CONTENTS ARE AS SHOWN IN PHOTOGRAPH B?
A:  YES. PHOTOGRAPH A DOES.
Q:  ALL RIGHT.
COULD YOU USE THE POINTER AND JUST TELL US WHERE THAT IS.
A:  THIS WOULD BE THE TRASH CAN.
Q:  AND YOU ARE POINTING — ALL RIGHT. I’M SORRY. YOU ARE POINTING TO WHAT APPEARS TO BE A TRASH CAN JUST SLIGHTLY RIGHT OF CENTER OF THE PHOTOGRAPH A ON 106, IS THAT RIGHT?
A:  YES.
Q:  MISS LEALCALA, WHAT I’M GOING TO ASK YOU TO DO IS WITH A PEN WRITE THE NUMBER 13 ON PHOTOGRAPH A IN THE APPROXIMATE LOCATION WHERE IT IS. CAN YOU DO THAT? I’LL BRING IT DOWN IF THAT WILL HELP.
A:  DO YOU WANT DIRECTLY WHERE THE TRASH CAN IS?
Q:  YES. JUST ABOVE THE TRASH CAN IF YOU WOULD.
A:  (THE WITNESS COMPLIED.)
Q:  THANK YOU.
MR. CLARKE: AND FOR THE RECORD, YOUR HONOR, THE WITNESS HAS WRITTEN IN FELT PEN THE NUMBER 13 IN RED INK ON PHOTOGRAPH A TO APPROXIMATE THE LOCATION OF THAT TRASH CAN.
BY MR. CLARKE:
Q:  MISS LEALCALA, I BELIEVE YOU DESCRIBE THE TRASH CAN CONTAINED FOOD AND SOME OTHER ITEMS. CAN YOU DESCRIBE WHAT THOSE OTHER ITEMS WERE?
A:  YES. THERE WERE DRYER SHEETS AND LINT IN THERE. THERE WAS A PLASTIC BAG. THERE WERE PAPERS AND CRUMPLED PAPER TOWELS.
Q:  I THINK YOU SAID THE FIRST ITEM WERE DRYER SHEETS AND LINT. CAN YOU DESCRIBE WHAT YOU MEAN BY THOSE?
A:  YES. THERE WERE DRYER SHEETS ARE WHAT YOU PUT IN WITH YOUR LAUNDRY TO KEEP THE STATIC AWAY, LIKE BOUNCE OR WHATEVER. AND THEN THERE WAS LINT IT APPEARED TO BE POSSIBLY FROM A DRYER.
Q:  WHY ARE YOU TELLING US THAT IT APPEARED IT COULD POSSIBLY BE FROM A DRYER; WHAT ABOUT ITS APPEARANCE GAVE YOU THAT IMPRESSION?
A:  AS I RECALL, IT WAS LIKE A LUMP OF LINT.
Q:  CONSISTENT WITH A DRYER WHERE THERE’S A SCREEN AND YOU JUST PULL IT OUT?
A:  YES.
Q:  DID YOU IMPOUND THE CONTENTS UNDER ITEM NUMBER 13 OF THAT TRASH CAN?
A:  YES, I DID.
Q:  WAS THERE ALSO ANOTHER TRASH CAN INSIDE THE GARAGE?
A:  YES.
Q:  DID YOU COLLECT THE CONTENTS OF THAT TRASH CAN?
A:  YES.
Q:  DID YOU ASSIGN IT AN ITEM NUMBER?
A:  YES.
Q:  WHAT WAS THAT?
A:  NUMBER 14.
Q:  IS IT SHOWN IN ANY OF THE PHOTOGRAPHS ON EXHIBIT 106?
A:  YES, IT IS.
Q:  ALL RIGHT.
COULD YOU TELL US WHICH PHOTOGRAPH AND PERHAPS POINT WITH A POINTER.
A:  IT’S SHOWN IN PHOTOGRAPH A.
Q:  AND YOU’RE INDICATING AN AREA TO THE RIGHT SIDE OF PHOTOGRAPH A ON 106, IS THAT CORRECT?
A:  YES.
Q:  DID YOU NOTE THE CONTENTS OF THAT PARTICULAR TRASH CAN?
A:  YES, I DID.
Q:  WHAT DID IT INCLUDE?
A:  IT INCLUDED CARDBOARD, PAPERS, SODA CANS. THERE WAS AN EMPTY BOTTLE OF RUM. THERE WAS AN EMPTY CONTAINER OF BLEACH. AND ALSO A POST-IT NOTE.
Q:  LASTLY, WHILE WE’RE IN THE GARAGE, IN PHOTOGRAPH C THERE APPEARS TO BE A BOX WITH SOME TYPE OF FABRIC MATERIAL INSIDE IT. IS THAT RIGHT?
A:  YES.
Q:  IS THAT ANOTHER ITEM THAT YOU SEIZED FROM INSIDE THE GARAGE?
A:  YES, IT IS.
Q:  FIRST OF ALL, WHAT EVIDENCE ITEM NUMBER DID YOU ASSIGN TO IT?
A:  I ASSIGNED ITEM NUMBER 23.
Q:  WHAT DID THAT BOX CONTAIN?
A:  IT CONTAINED SHEETS AND I BELIEVE THERE WAS PILLOWCASES IN THERE AS WELL.
Q:  AND THEY WERE PACKAGED AND PRESERVED AS WITH THE REMAINING ITEMS?
A:  YES.
Q:  WHILE YOU WERE IN THE RESIDENCE, DID YOU ALSO COLLECT ANY KNOWN CARPET SAMPLES?
A:  YES, I DID.
Q:  FIRST OF ALL, FROM WHAT LOCATION OF THE HOME?
A:  IT WOULD HAVE BEEN IN THE LIVING ROOM.
Q:  ALL RIGHT.
DO YOU RECALL WHERE IN THE LIVING ROOM?
A:  YES. IT WAS UNDERNEATH A PEDESTAL.
Q:  WHEN YOU SAY A PEDESTAL, WHAT DO YOU MEAN?
A:  I DON’T KNOW IF IT WAS CERAMIC OR PORCELAIN, BUT IT WAS SOMETHING THAT YOU WOULD MAYBE PLACE PLANTS ON TOP OF.
THE COURT: THIS MIGHT BE A GREAT TIME TO BREAK, COUNSEL, UNTIL YOU CAN GET THE EXHIBIT.
MR. CLARKE: FINE, YOUR HONOR.
THE COURT: ALL RIGHT.
LADIES AND GENTLEMEN, WE WILL GO AHEAD AND TAKE THE MORNING BREAK.
PLEASE REMEMBER THE ADMONITION OF THE COURT NOT TO DISCUSS ANY OF THE EVIDENCE OR TESTIMONY AMONG YOURSELVES OR WITH OTHERS, NOR FORMULATE OR EXPRESS ANY OPINIONS ON THE CASE UNTIL IT IS SUBMITTED TO YOU FOR DECISION.
PLEASE BE OUTSIDE THE DOOR AT 10:45. A QUARTER TO 11:00.
(RECESS, 10:29 O’CLOCK, A.M., TO 10:45 O’CLOCK, A.M.)
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