3 – March 12, 2002 Morning – Transcript of David Westerfield preliminary hearing

PRELIMINARY HEARING – SAN DIEGO, CALIFORNIA; TUESDAY, 3-12-01; 9:00 A.M.


WITNESSES:
Johnny F. Keene (police officer),
James Francis Hergenroeather (police officer),
Karen Lealcala (forensic specialist)



Page 222

1

2 -0-

3 (THE FOLLOWING PROCEEDINGS WERE HELD IN OPEN COURT.)

4 THE COURT: GOOD MORNING.=20

5 OKAY. MY RECOLLECTION IS WE HAD A WITNESS=20

6 ON THE STAND.=20

7 LET ME SWEAR YOU IN AGAIN.=20

8 =20

9 JOHNNY F. KEENE,

10 PEOPLE’S WITNESS, HAVING BEEN FIRST DULY SWORN,=20

11 TESTIFIED AS FOLLOWS:

12 =20

13 THE COURT: TAKE THE STAND.=20

14 ONCE AGAIN, TELL US YOUR NAME.=20

15 THE WITNESS: JOHNNY F. KEENE, SPELLED=20

16 K-E-E-N-E.

17 THE COURT: ALL RIGHT. GO AHEAD, COUNSEL.

18 =20

19 CROSS-EXAMINATION (RESUMED)

20 BY MR. BOYCE:=20

21 Q DETECTIVE KEENE, BEFORE TESTIFYING, WHAT=20

22 REPORTS DID YOU REVIEW?

23 A THE REPORTS THAT I MYSELF TYPED REGARDING=20

24 MY INTERVIEWS.=20

25 Q AND ONE OF — YOU DID TWO REPORTS ON YOUR=20

26 INITIAL CONTACT WITH MR. WESTERFIELD, DIDN’T YOU?

27 A THAT’S CORRECT.=20

28 Q AND THOSE REPORTS WERE PREPARED ON=20

Page 223

1 FEBRUARY 5TH OF 2002, WEREN’T THEY?

2 A ONE OF THEM WAS.=20

3 Q AND THEN THE OTHER ONE WAS PREPARED=20

4 MARCH 5TH OF 2002; IS THAT CORRECT?

5 A THAT’S CORRECT.=20

6 Q AND BOTH OF THOSE REPORTS WERE PREPARED=20

7 FROM NOTES THAT YOU HAD TAKEN FROM YOUR INTERVIEWS?

8 A THAT’S CORRECT.=20

9 Q AND DID YOU PRESERVE THOSE NOTES?

10 A I DID.=20

11 Q YOU DID?

12 A I DID.=20

13 Q AND YOU STILL HAVE THOSE NOTES?

14 A NOT WITH ME TODAY. BUT YES.

15 Q DID YOU REVIEW THE NOTES BEFORE YOU=20

16 TESTIFIED TODAY?

17 A NO.=20

18 Q WHILE YOU WERE SITTING HERE, YOU WERE=20

19 REVIEWING SEVERAL REPORTS. ARE THOSE THE REPORTS=20

20 THAT YOU JUST DESCRIBED?=20

21 A YES.=20

22 Q AND BEFORE COMING TO COURT TODAY, DID YOU=20

23 MEET WITH MR. DUSEK?

24 A I MET WITH HIM IN HIS OFFICE. WE DID NOT=20

25 DISCUSS THE CASE, THOUGH.

26 Q WHAT DID YOU DISCUSS?

27 A NOTHING. I MEAN, I WENT TO HIS OFFICE AND=20

28 THEN I WALKED WITH HIM DOWN HERE, BUT WE DID NOT=20

Page 224

1 DISCUSS ANYTHING.=20

2 Q WHEN YOU INTERVIEWED MR. WESTERFIELD THE=20

3 FIRST TIME, YOU ALSO WALKED THROUGH THE HOUSE WITH =20

4 — WAS IT DETECTIVE PARGA?

5 A THAT’S CORRECT.=20

6 Q AND ALSO MR. WESTERFIELD; IS THAT CORRECT?

7 A THAT’S CORRECT.=20

8 Q AND YOU WENT INSIDE THE HOUSE; WHEN YOU=20

9 FIRST ENTERED THE HOUSE, DID YOU NOTICE THAT THERE=20

10 WERE TWO VOLKSWAGEN BUMPERS THAT HAD JUST BEEN=20

11 PAINTED RIGHT INSIDE — RIGHT INSIDE THE DOOR?

12 A NO. THEY WERE NOT BUMPERS RIGHT INSIDE THE=20

13 DOOR WHEN I WALKED IN.

14 Q DID YOU NOTICE THESE AUTO PARTS THAT WERE=20

15 INSIDE THE HOUSE THAT APPEARED TO BE OUT OF PLACE?

16 A NO, THERE WERE NOT ANY AUTO PARTS INSIDE=20

17 THE FRONT DOOR WHEN WE WALKED IN THE HOUSE THAT=20

18 MORNING.=20

19 Q AND IN YOUR WALK THROUGH THE HOUSE, THE=20

20 FIRST ROOM YOU WENT INTO THEN WAS THE LIVING ROOM;=20

21 IS THAT CORRECT?

22 A THAT’S CORRECT. THERE’S — WHEN YOU FIRST=20

23 WALK IN THE FRONT DOOR, THERE’S ABOUT PROBABLY A=20

24 THREE-FOOT BY MAYBE SIX-FOOT AREA RIGHT INSIDE THE=20

25 FRONT DOOR, AND THEN THERE’S — RIGHT IN FRONT, AS=20

26 YOU WALK IN RIGHT IN FRONT OF YOU, THERE’S A SMALL=20

27 WALL THAT’S PROBABLY TWO-AND-A-HALF, THREE FOOT=20

28 HIGH, AND, IN FACT, THERE WAS A MISSING FLYER OF=20

Page 225

1 DANIELLE VAN DAM LAYING ON TOP OF THAT WALL. AND=20

2 THEN RIGHT IN PAST THAT WALL IS THE LIVING ROOM=20

3 AREA.=20

4 Q AND YOU AND DETECTIVE PARGA,=20

5 MR. WESTERFIELD THEN ENTERED THE LIVING ROOM AREA;=20

6 IS THAT RIGHT?

7 A THAT’S CORRECT.

8 Q YOU WALKED THROUGH THE LIVING ROOM AREA AND=20

9 YOU WENT OUT TO THE PATIO AREA?

10 A I DON’T REMEMBER THE EXACT ORDER THAT WE=20

11 WENT THROUGH THE HOUSE, BUT I DO RECALL WALKING=20

12 OUTSIDE THE BACK DOOR TO THE BACK PATIO AND POOL=20

13 AREA.=20

14 Q AS YOU WALK OUT THE BACK DOOR, WAS=20

15 DETECTIVE PARGA ALSO WITH YOU?

16 A I BELIEVE SHE WALKED OUT BEHIND ME, YES.=20

17 Q AND MR. WESTERFIELD WAS WALKING WITH YOU,=20

18 TOO; IS THAT CORRECT?

19 A I BELIEVE SO, YES.

20 Q WERE THERE ANY OTHER OFFICERS AT THAT TIME=20

21 WALKING THROUGH THE HOUSE?

22 A I DON’T RECALL. I DO RECALL SEEING=20

23 SERGEANT REYES ACTUALLY INSIDE THE HOUSE, BUT I=20

24 DON’T RECALL ANYBODY OTHER THAN HIM AND I DON’T=20

25 RECALL THAT HE WALKED THROUGH THE HOUSE. HE STEPPED=20

26 INSIDE AND BASICALLY STOOD IN JUST PAST THE ENTRANCE=20

27 AREA.=20

28 Q AND HAD YOU BEEN TO THE VAN DAMS’ HOUSE=20

Page 226

1 BEFORE?

2 A NO. I’VE NEVER BEEN TO THE VAN DAMS’=20

3 HOUSE.

4 Q TO YOUR KNOWLEDGE, HAD DETECTIVE PARGA BEEN=20

5 TO THE VAN DAMS’ HOUSE?

6 A I BELIEVE SHE HAD AFTER — AFTER — I KNOW=20

7 SHE’S BEEN TO THE VAN DAM HOUSE. I DON’T RECALL=20

8 WHEN.=20

9 Q TO YOUR KNOWLEDGE, WAS SERGEANT RAY AT THE=20

10 VAN DAMS’ HOUSE?

11 A TO MY KNOWLEDGE, NO.=20

12 Q SO AFTER YOU WALKED THROUGH THE LIVING ROOM=20

13 AND OUT TO THE PATIO AREA, MR. WESTERFIELD TOOK YOU=20

14 UPSTAIRS; IS THAT CORRECT?

15 A THAT’S CORRECT.=20

16 Q AND WAS DETECTIVE PARGA WITH YOU AS YOU=20

17 WERE WALKING THROUGH THE UPSTAIRS AREA?

18 A YES.

19 Q AND MR. WESTERFIELD SHOWED YOU VARIOUS=20

20 AREAS IN THE HOUSE, SUCH AS CLOSETS; IS THAT=20

21 CORRECT?

22 A THAT’S CORRECT.=20

23 Q AND YOU AND DETECTIVE PARGA WALKED OVER AND=20

24 EXAMINED THOSE AREAS; IS THAT CORRECT?

25 A THAT’S CORRECT.=20

26 Q HE ALSO SHOWED YOU THE ATTIC; IS THAT=20

27 CORRECT?

28 A THAT IS CORRECT.=20

Page 227

1 Q AND YOU AND DETECTIVE PARGA OR ONE OF YOU=20

2 EXAMINED THE ATTIC?

3 A I DID.=20

4 Q AFTER EXAMINING THE UPSTAIRS AREA — ABOUT=20

5 HOW LONG DID YOU SPEND WALKING AROUND THE UPSTAIRS=20

6 AREA?

7 A I THINK WE WERE IN THE HOUSE A TOTAL OF TEN=20

8 TO 15 MINUTES, SO WE WERE PROBABLY IN THE UPSTAIRS=20

9 AREA MAYBE FIVE MINUTES.=20

10 Q WAS SERGEANT RAY ALSO WALKING AROUND THE=20

11 UPSTAIRS AREA WITH YOU?

12 A NO, I DON’T RECALL HIM COMING UP THERE.=20

13 Q AND AFTER WALKING AROUND MR. WESTERFIELD’S=20

14 HOUSE, YOU LEFT THE HOUSE; IS THAT CORRECT?

15 A THAT’S CORRECT.=20

16 Q AND YOU AND DETECTIVE PARGA DROVE OVER TO=20

17 THE MOTORHOME?

18 A THAT IS CORRECT.=20

19 Q WHILE YOU WERE DRIVING OVER TO THE=20

20 MOTORHOME WITH DETECTIVE PARGA, DID YOU DISCUSS THE=20

21 FACT THAT MR. WESTERFIELD WAS A SUSPECT?

22 A NO.=20

23 Q NOTHING CAME UP BETWEEN YOU AND=20

24 DETECTIVE PARGA THAT YOU THOUGHT MR. WESTERFIELD=20

25 WAS — ANYTHING WAS SUSPICIOUS ABOUT WHAT HE HAD=20

26 TOLD YOU OR ANY OF THE CONDUCT HE ENGAGED IN?

27 A I BELIEVE WE DISCUSSED OUR FEELINGS AS TO=20

28 THE FACT THAT WE BOTH FELT HE WAS MORE THAN=20

Page 228

1 COOPERATIVE, MORE SO THAN MOST PEOPLE. BUT AT NO=20

2 TIME DID WE CALL HIM A SUSPECT OR DETERMINE THAT HE=20

3 WAS A SUSPECT.

4 Q WELL, YOU WERE DISCUSSING SUSPICIOUS=20

5 CIRCUMSTANCES IN THE CAR?

6 A THAT WOULD BE FAIR TO SAY.

7 Q AND YOU KNOW THAT PEOPLE IN LAW ENFORCEMENT=20

8 HAD IDENTIFIED HIM AS A SUSPECT AT THAT TIME?

9 MR. DUSEK: OBJECTION; IRRELEVANT.

10 THE COURT: COUNSEL, I’M NOT SURE HOW THIS IS=20

11 RELEVANT TO THIS HEARING. I CAN UNDERSTAND HOW IT=20

12 MIGHT BE RELEVANT TO OTHER MOTIONS DOWN THE LINE, SO=20

13 I’M GOING TO SUSTAIN THE OBJECTION.=20

14 MR. BOYCE: I UNDERSTAND, YOUR HONOR.

15 BY MR. BOYCE:=20

16 Q THEN YOU ARRIVED AT THE MOTORHOME; IS THAT=20

17 CORRECT?

18 A THAT’S CORRECT.=20

19 Q YOU AND DETECTIVE PARGA ENTERED THE=20

20 MOTORHOME?

21 A AT SOME POINT, YES. NOT RIGHT AWAY, BUT=20

22 YES.

23 Q AND YOU WALKED THROUGH THE MOTORHOME WITH=20

24 DETECTIVE PARGA?

25 A YES.

26 Q AND MR. WESTERFIELD WAS WITH YOU?

27 A HE WAS INSIDE THE MOTORHOME.

28 Q HOW LONG DID IT TAKE YOU TO GET FROM =20

Page 229

1 MR. WESTERFIELD’S HOUSE TO THE MOTORHOME?

2 A I DIDN’T TIME IT. BUT I’D ESTIMATE BETWEEN=20

3 20 AND 25 MINUTES.

4 Q MR. WESTERFIELD WAS CONTINUING TO BE=20

5 COOPERATIVE WITH YOU IN THE MOTORHOME; CORRECT?

6 A THAT’S CORRECT.=20

7 Q HE WAS SHOWING YOU AREAS IN THE MOTORHOME=20

8 TO LOOK?

9 A CORRECT.=20

10 Q HE SHOWED YOU THE BEDROOM AREA; IS THAT=20

11 CORRECT?

12 A I ACTUALLY WALKED TO THE BEDROOM AREA BY=20

13 MYSELF. HE DIDN’T POINT IT OUT. HE WAS INSIDE THE=20

14 MOTORHOME AT THE TIME. YES.

15 Q DID HE POINT OUT ANY AREAS IN THE BEDROOM=20

16 AREA TO LOOK?

17 A NO, I BELIEVE AT THE POINT THAT I WAS IN=20

18 THE BEDROOM AREA, HE WAS FURTHER UP TOWARDS THE=20

19 FRONT TALKING WITH DETECTIVE PARGA.=20

20 Q THERE WAS A PILE OF BEDDING MATERIAL ON THE=20

21 BED, WASN’T THERE?

22 A NO, THERE WAS NOT.=20

23 Q YOU DON’T RECALL SEEING ANY BEDDING=20

24 MATERIAL ON THE BED?

25 A IT’S NOT THAT I DON’T RECALL. THERE WAS=20

26 NOT. THERE WERE SHEETS ON THE BED BUT NO OTHER=20

27 BEDDING MATERIAL LAYING ON THE BED.

28 Q DID YOU ACTUALLY GO IN THE BEDROOM?

Page 230

1 A I WALKED THE ENTIRE LENGTH OF THE=20

2 MOTORHOME, YES.

3 Q AND YOU WERE INSIDE THE BEDROOM; IS THAT=20

4 CORRECT?

5 A YES. IT’S NOT A CLOSED-OFF BEDROOM. IT’S=20

6 THE VERY END OF THE MOTORHOME.

7 Q YOU WALKED AROUND IN THAT AREA LOOKING FOR=20

8 BEDDING, IS THAT FAIR TO SAY?

9 A I WASN’T LOOKING SPECIFICALLY FOR BEDDING,=20

10 BUT I DID WALK AROUND THE BED IN THE BEDROOM AREA.

11 Q WAS DETECTIVE PARGA WALKING AROUND IN THAT=20

12 AREA WITH YOU?

13 A NO. SHE WAS FURTHER UP TOWARDS THE FRONT=20

14 OF THE MOTORHOME IN WHAT I WOULD GUESS WOULD BE=20

15 CONSIDERED THE DINING ROOM AREA.

16 Q DID YOU WALK INTO THE BATHROOM AREA OF THE=20

17 MOTORHOME?

18 A I WALKED PAST IT AND LOOKED IN. THE=20

19 BATHROOM AREA IN THAT PARTICULAR MOTORHOME IS NOT=20

20 CLOSED OFF AS IN SOME MOTORHOMES THAT I’VE SEEN. =20

21 IT’S BASICALLY AN OPEN AREA AND IT HAS A, IF I=20

22 REMEMBER CORRECTLY, IT’S GOT LIKE AN ACCORDION DOOR=20

23 THAT YOU CAN PULL CLOSED IF YOU WERE TO WANT=20

24 PRIVACY.=20

25 Q DETECTIVE PARGA WAS WITH YOU?

26 A SHE WAS STILL IN THE MOTORHOME.

27 Q DID SHE WALK INTO THE BATHROOM, ALSO? =20

28 AREA OF THE BATHROOM?

Page 231

1 A SHE MAY HAVE WHILE I WAS FURTHER BACK IN=20

2 THE MOTORHOME. AGAIN, WHILE I WAS STANDING AT THE=20

3 BATHROOM AREA, SHE WASN’T STANDING RIGHT BESIDE ME.

4 Q MR. WESTERFIELD WAS ALSO WITH YOU?

5 A HE WAS INSIDE THE MOTORHOME.=20

6 Q AFTER YOU LEFT THE MOTORHOME, YOU RETURNED=20

7 TO MR. WESTERFIELD’S AT SOME POINT LATER IN THE DAY?

8 A THAT’S CORRECT.=20

9 Q WAS MR. WESTERFIELD’S SON HOME AT THAT=20

10 TIME?

11 A NO. HE WAS NEVER — MR. WESTERFIELD’S SON=20

12 WAS NEVER AT THE HOUSE WHILE I WAS THERE. AT LEAST=20

13 NOT TO MY KNOWLEDGE.=20

14 Q HE WAS THERE WHEN YOU RETURNED IN THE=20

15 EVENING, WASN’T HE?

16 A I DID NOT RETURN IN THE EVENING.=20

17 Q WHEN YOU APPROACHED MR. WESTERFIELD IN THE=20

18 DRIVEWAY THAT MORNING, YOU WERE NOTIFIED THAT HE HAD=20

19 JUST COME OUT OF HIS HOUSE AND OFFICERS WERE TALKING=20

20 TO HIM; IS THAT CORRECT?

21 A THAT’S CORRECT.=20

22 Q WHEN YOU APPROACHED HIM, YOU DESCRIBED, I=20

23 BELIEVE, SEVEN OFFICERS IN THAT IMMEDIATE VICINITY,=20

24 SEVEN DETECTIVES.

25 A I BELIEVE WHAT I SAID WAS THERE WERE –=20

26 THERE WAS A SERGEANT AND THREE DETECTIVES PRESENT=20

27 AND THEN MYSELF AND TWO OTHER DETECTIVES ARRIVED=20

28 ABOUT THE SAME TIME.=20

Page 232

1 Q YOU NOTICED THE MEDIA IN THE AREA, TOO?

2 A THE MEDIA WAS I BELIEVE AT THE VAN DAM=20

3 HOUSE AT THE TIME. IT WASN’T UNTIL A LITTLE BIT=20

4 LATER THEY CAME DOWN TO MR. WESTERFIELD’S HOUSE.

5 Q WHEN YOU CONTACTED MR. WESTERFIELD, THE=20

6 MEDIA THEN MOVED OVER TO WESTERFIELD’S HOUSE, DIDN’T=20

7 THEY?

8 A YOU KNOW, I WASN’T REALLY PAYING ATTENTION,=20

9 SO I DON’T KNOW — TO THE MEDIA, SO I DON’T KNOW AT=20

10 WHAT POINT THEY CAME DOWN. BUT I BELIEVE ONE OR=20

11 TWO, I DID SEE ONE OR TWO CAMERAS MAKE THEIR WAY=20

12 DOWN.

13 Q YOU COULD SEE THE VAN DAMS’ HOUSE, THOUGH,=20

14 FROM THE WESTERFIELD DRIVEWAY?

15 A YES.=20

16 Q AND YOU CAN SEE THE MEDIA CAMERAS AROUND=20

17 THE VAN DAM HOUSE FROM THE WESTERFIELD DRIVEWAY?

18 A YES.=20

19 Q THEY ALSO HAD SATELLITE CAMERAS THERE,=20

20 DIDN’T THEY? SATELLITE ANTENNAS.

21 A I WOULD ASSUME SO.

22 Q THERE WERE MEDIA TRUCKS GOING AT THE TIME?

23 A YES.

24 Q THERE WERE MULTIPLE TRUCKS IN THE AREA?

25 MR. DUSEK: OBJECTION; RELEVANCY.=20

26 THE COURT: COUNSEL, WE HAVE GONE OVER THIS IN=20

27 THE PRELIMINARY VOIR DIRE. AND I DON’T SEE HOW IT’S=20

28 PARTICULARLY RELEVANT TO THE DECISION I HAVE TO MAKE=20

Page 233

1 WHERE THE MEDIA WAS.

2 BY MR. BOYCE:

3 Q WHEN YOU CONTACTED MR. WESTERFIELD, YOU=20

4 SAID HE WAS SWEATING; IS THAT CORRECT?

5 A AS HE TALKED, YES, HE WAS SWEATING.

6 Q HE HAD JUST WALKED OUT INTO THIS AREA WHERE=20

7 THERE WERE SEVERAL DETECTIVES, MULTIPLE MEDIA TRUCKS=20

8 AND SATELLITES AND CAMERAS GOING OFF AND CAMERAS=20

9 RUNNING WHILE YOU WERE TALKING TO HIM; CORRECT?

10 A I WOULDN’T — I WOULDN’T SAY THAT’S FAIR TO=20

11 SAY. WHEN HE WALKED OUT, AGAIN, THERE WAS NOT=20

12 MULTIPLE MEDIA IN HIS DRIVEWAY, AROUND HIS HOUSE. =20

13 THERE WERE FOUR DETECTIVES; ONE SERGEANT AND THREE=20

14 DETECTIVES AT THE TIME HE WALKED OUT.=20

15 Q WELL, THERE WAS MULTIPLE MEDIA IN FRONT OF=20

16 THE VAN DAMS’ HOUSE WITHIN EYESIGHT; CORRECT?

17 A TRUE.

18 Q AND YOU APPROACHED MR. WESTERFIELD AND=20

19 STARTED ASKING HIM WHERE HE’D BEEN THAT WEEKEND;=20

20 CORRECT?

21 A THAT’S CORRECT.=20

22 Q AND THERE WAS — THE FACT THAT THERE WAS A=20

23 MISSING GIRL IN THE NEIGHBORHOOD WAS COMMON=20

24 KNOWLEDGE IN THAT NEIGHBORHOOD BY THAT TIME; IS THAT=20

25 FAIR TO SAY?

26 A THAT’S FAIR TO SAY. =20

27 Q WHEN YOU TALKED TO MR. WESTERFIELD, HE HAD=20

28 TOLD YOU HE’D BEEN TO GLAMIS, DIDN’T HE?

Page 234

1 A YES, HE DID.=20

2 Q AND YOU CONFIRMED THAT HE’D BEEN TO GLAMIS,=20

3 DIDN’T YOU?

4 A I DID NOT PERSONALLY CONFIRM THAT HE’D BEEN=20

5 TO GLAMIS. I BELIEVE IT WAS CONFIRMED.

6 Q YOU WERE TOLD THAT THAT HAD BEEN CONFIRMED;=20

7 CORRECT?

8 A CORRECT.=20

9 Q HE TOLD YOU HE HAD BEEN TO THE SILVER=20

10 STRAND?

11 A THAT’S CORRECT.=20

12 Q AND THAT WAS CONFIRMED THAT HE WAS AT THE=20

13 SILVER STRAND; IS THAT CORRECT?

14 A THAT’S CORRECT.=20

15 Q THAT WAS A TRUTHFUL STATEMENT; RIGHT?

16 A YES.=20

17 Q AND HE TOLD YOU THAT THERE WAS A DISPUTE=20

18 OVER WHETHER HE HAD PAID TOO MUCH WHEN HE WENT TO=20

19 THE SILVER STRAND?

20 A IN HIS INITIAL STATEMENT TO ME, HE DID NOT=20

21 TELL ME — HE DID NOT MENTION ANY DISPUTE.=20

22 Q BUT HE SAID HE’D PAID TO GO TO THE SILVER=20

23 STRAND; CORRECT?

24 A HE DID SAY HE’D PAID FOR THE ENTIRE=20

25 WEEKEND, CORRECT.

26 Q YOU CONFIRMED THAT HE HAD, IN FACT, DONE=20

27 SO?

28 A AGAIN, IT WAS CONFIRMED. I DID NOT DO IT.=20

Page 235

1 Q NOW, HE TOLD YOU HE LEFT THE SILVER STRAND,=20

2 HE DIDN’T HAVE ENOUGH MONEY TO GO TO GLAMIS; IS THAT=20

3 CORRECT?

4 A CORRECT. HE SAID THAT THE REASON HE WENT=20

5 TO THE STRAND IN THE FIRST PLACE WAS BECAUSE HE=20

6 DIDN’T HAVE HIS WALLET AND THEREFORE DID NOT HAVE=20

7 ENOUGH MONEY FOR GAS TO MAKE IT TO GLAMIS.

8 Q AND, IN FACT, HE TOLD YOU HE WAS DRIVING=20

9 HIS MOTORHOME?

10 A THAT’S CORRECT.=20

11 Q AND DO YOU KNOW HOW MANY GALLONS THAT=20

12 MOTORHOME HOLDS OF GAS?

13 A I’M NOT FAMILIAR WITH MOTORHOMES.

14 Q YOU DON’T KNOW HOW MUCH IT WOULD COST TO=20

15 FILL UP THAT MOTORHOME WITH GAS, DO YOU?

16 A NO, I DON’T.=20

17 Q YOU DON’T KNOW HOW MANY MILES HE GETS TO=20

18 THE GALLON, DO YOU?

19 A NO, I DON’T.

20 Q IS IT FAIR TO SAY IT’S PROBABLY FAIRLY=20

21 EXPENSIVE TO FILL UP THAT MOTORHOME?

22 A I WOULD GUESS IT IS.

23 Q IT’S QUITE A WAYS FROM THE SILVER STRAND TO=20

24 GLAMIS AS FAR AS THE DRIVE, ISN’T IT?

25 A I’VE NEVER DRIVEN TO GLAMIS. I COULD ONLY=20

26 GUESS THAT IT’S QUITE A FEW MILES.

27 Q IT’S FARTHER TO GLAMIS THAN IT IS FROM THE=20

28 SILVER STRAND BACK TO SABRE SPRINGS, ISN’T IT?

Page 236

1 A I WOULD GUESS, YES.=20

2 Q YOU TOLD US YOU SEARCHED THE GARAGE,=20

3 MR. WESTERFIELD’S GARAGE WITH DETECTIVE PARGA.

4 A YES. AND, AGAIN, IN USING THE WORD=20

5 “SEARCH,” I MENTION THAT IT WAS A CURSORY SEARCH. =20

6 WE DIDN’T GO INTO GREAT DETAIL.

7 Q WELL, “CURSORY SEARCH.” IT WAS A SEARCH,=20

8 THOUGH; CORRECT?

9 A YES.=20

10 Q AND YOU SEARCHED ONE SIDE OF THE GARAGE AND=20

11 DETECTIVE PARGA SEARCHED THE OTHER?

12 A THAT’S CORRECT.=20

13 Q DETECTIVE PARGA TOLD YOU AT SOME POINT THAT=20

14 SHE SMELLED BLEACH ON HER SIDE OF THE GARAGE?

15 A THAT’S CORRECT.

16 Q YOU DIDN’T SMELL ANY BLEACH ON YOUR SIDE OF=20

17 THE GARAGE, THOUGH, DID YOU?

18 A THAT’S CORRECT.

19 Q YOU DIDN’T SMELL ANY BLEACH IN THE HOUSE,=20

20 DID YOU?

21 A NO, I DIDN’T.=20

22 Q YOU DIDN’T SMELL ANY BLEACH IN THE=20

23 MOTORHOME, DID YOU?

24 A I DID NOT.

25 Q IN FACT, THE MOTORHOME SMELLED COMPLETELY=20

26 NORMAL, DIDN’T IT?

27 A DEPENDING ON WHAT NORMAL IS, BUT —

28 Q WELL, YOU DIDN’T NOTICE ANYTHING UNUSUAL —

Page 237

1 THE COURT: ONE AT A TIME, PLEASE.

2 THE REPORTER: “DEPENDING ON WHAT NORMAL IS”?

3 THE WITNESS: DEPENDING ON WHAT NORMAL IS, I=20

4 DIDN’T SMELL ANYTHING THAT MADE MY EYES WATER OR,=20

5 YOU KNOW, MADE ME THINK, OH, THIS STINKS, BUT NO.

6 BY MR. BOYCE:

7 Q LET ME ASK THIS: YOU DIDN’T SMELL ANYTHING=20

8 UNUSUAL IN THE MOTORHOME, DID YOU?

9 A NO.=20

10 Q YOU DIDN’T NOTE ANYTHING UNUSUAL IN YOUR=20

11 REPORT ABOUT WHAT YOU SMELLED IN THE MOTORHOME, DID=20

12 YOU?

13 A I DID NOT.=20

14 Q AND WHEN YOU ENTERED THE MOTORHOME, YOU=20

15 LOOKED AROUND, DIDN’T YOU?

16 A YES.

17 Q IT DIDN’T — DID NOT APPEAR TO HAVE BEEN=20

18 CLEANED RECENTLY, DID IT?

19 A IT DIDN’T APPEAR DIRTY.=20

20 Q IT DIDN’T APPEARED TO BE CLEAN?

21 A I’M NOT SURE I UNDERSTAND WHAT YOU’RE=20

22 ASKING.=20

23 Q DID IT APPEAR AS THOUGH THE INSIDE OF THE=20

24 MOTORHOME HAD BEEN CLEANED RECENTLY?

25 A I’M NOT SURE I COULD — I COULD STATE=20

26 WHETHER IT APPEARED TO HAVE BEEN CLEANED RECENTLY OR=20

27 NOT. IT WAS NOT DIRTY.

28 Q YOU DIDN’T NOTE ANYTHING THAT INDICATED TO=20

Page 238

1 YOU OR BROUGHT YOUR ATTENTION THAT IT HAD BEEN=20

2 CLEANED RECENTLY, DID IT, DID YOU?

3 A I WOULD SAY THE ONLY THING ALONG THOSE=20

4 LINES THAT I COULD — THAT I WOULD BE ABLE TO TELL=20

5 IF IT HAD BEEN CLEANED WAS WHETHER I SMELLED=20

6 CLEANING PRODUCTS, AND I DID NOT SMELL THAT. BUT=20

7 WHETHER IT HAD BEEN WIPED DOWN WITH SOAP AND WATER=20

8 OR ANYTHING LIKE THAT, I COULDN’T SAY.

9 Q FROM YOUR VISUAL OBSERVATION, DID IT APPEAR=20

10 TO HAVE BEEN CLEANED RECENTLY?

11 A AGAIN, IT DID NOT APPEAR DIRTY. I DIDN’T=20

12 SEE DUST ON THE COUNTERS OR ANYTHING LIKE THAT. THE=20

13 ONLY — AS I TESTIFIED YESTERDAY, THE ONLY THING I=20

14 REALLY SAW THAT DIDN’T APPEAR TO BE IN ORDER WAS THE=20

15 BED WAS UNMADE. THERE WERE SHEETS ON IT BUT NO=20

16 COMFORTER.

17 MR. BOYCE: IF I COULD HAVE JUST A MOMENT, YOUR=20

18 HONOR.

19 THE COURT: YOU MAY.=20

20 MR. BOYCE: I HAVE NOTHING FURTHER, YOUR HONOR.=20

21 THE COURT: THANK YOU.=20

22 COUNSEL?

23 =20

24 REDIRECT EXAMINATION

25 BY MR. DUSEK:

26 Q DETECTIVE, YOU TOLD US YESTERDAY THAT THE=20

27 DEFENDANT TOLD YOU ABOUT THE REASON FOR GOING TO THE=20

28 SILVER STRAND AND THEN LEAVING THERE EARLY WAS=20

Page 239

1 BECAUSE HE DIDN’T HAVE HIS WALLET; IS THAT RIGHT?

2 A THAT’S CORRECT.=20

3 Q COUNSEL’S ASKED YOU IF YOU CONFIRMED THE=20

4 LOCATIONS WHERE HE WENT. DID YOU CONFIRM WHETHER OR=20

5 NOT HE HAD A WALLET AT THE SILVER STRAND?

6 A PERSONALLY, I DID NOT. BUT DETECTIVES DID=20

7 SPEAK WITH THE PARK RANGER AT THE SILVER STRAND. =20

8 AND THE PARK RANGER SPECIFICALLY REMEMBERED WHEN HE=20

9 WENT BACK TO TALK TO MR. WESTERFIELD ABOUT THE=20

10 OVERPAYMENT, THAT MR. WESTERFIELD INDEED PULLED HIS=20

11 WALLET FROM HIS PANT’S POCKET AND SHOWED THE RANGER=20

12 HOW MUCH MONEY HE HAD WITH HIM AT THE TIME AND=20

13 STATED, “I COULDN’T HAVE OVERPAID YOU, BECAUSE I=20

14 STILL HAVE THIS MUCH MONEY.”=20

15 Q SO HE WASN’T BEING TRUTHFUL FOR HIS REASONS=20

16 FOR DOING WHAT HE WAS DOING?

17 MR. BOYCE: OBJECTION.=20

18 MR. FELDMAN: OBJECTION.=20

19 THE COURT: ONE AT A TIME. YOU DON’T GET ANY=20

20 EXTRA POINTS BECAUSE TWO OF YOU OBJECTED.=20

21 SUSTAINED.

22 MR. DUSEK: NOTHING FURTHER.=20

23 THE COURT: ANYTHING FURTHER?

24 MR. BOYCE: CAN I HAVE JUST A MOMENT?=20

25 NOTHING FURTHER, YOUR HONOR.=20

26 THE COURT: ALL RIGHT. THANK YOU. YOU’RE=20

27 EXCUSED.=20

28 MAY — IS THIS WITNESS SUBJECT TO RECALL?

Page 240

1 MR. BOYCE: SUBJECT TO RECALL.

2 THE COURT: SIR, REMEMBER MY ADMONITIONS THAT=20

3 LAST UNTIL THIS HEARING IS OVER.=20

4 MR. DUSEK: CALL JIM WATKINS.

5 THE COURT: OKAY.

6 MR. BOYCE: YOUR HONOR, WE HAVE A RELEVANCE=20

7 OBJECTION TO THIS WITNESS’S TESTIMONY OR AT LEAST A=20

8 SUBSTANTIAL PORTION OF IT. WE THINK IT’S HIGHLY=20

9 PREJUDICIAL AND WE WOULD REQUEST AN IN-CAMERA=20

10 HEARING BEFORE THIS WITNESS TESTIFIED OR PRESENTS=20

11 ANY EVIDENCE.=20

12 THE COURT: COUNSEL?

13 MR. DUSEK: WHAT HE’S GOING TO TESTIFY TO=20

14 REGARDS TO COUNT 3, AND IT GOES TO THE MOTIVE OF=20

15 CRIME.=20

16 MR. BOYCE: YOUR HONOR, WE WANT YOU TO REVIEW=20

17 ANY EVIDENCE THAT THEY INTEND TO INTRODUCE BEFORE=20

18 THIS WITNESS IS EXAMINED ABOUT IT OR BEFORE THE=20

19 EVIDENCE IS PRESENTED.=20

20 MR. DUSEK: MAKE AN OFFER OF PROOF THAT THESE=20

21 EXHIBITS CAME OFF THE DEFENDANT’S COMPUTER PURSUANT=20

22 TO A SEARCH WARRANT AND HIS CONSENT.

23 MR. BOYCE: WELL, YOUR HONOR, THERE’S NO=20

24 EVIDENCE THAT THESE PHOTOS ARE ILLEGAL. THERE’S NO=20

25 EVIDENCE THAT THEY WERE DOWNLOADED BY=20

26 MR. WESTERFIELD OR WHO THEY WERE DOWNLOADED BY. AND=20

27 THERE’S NO EVIDENCE THAT THERE IS ANY LAW VIOLATION=20

28 FOR THESE PHOTOS OR THAT THEY HAVE ANY RELEVANCE=20

Page 241

1 UNTIL YOUR HONOR HAS A CHANCE TO REVIEW THEM.=20

2 THE COURT: ARE YOU TELLING ME THAT THESE ARE=20

3 PHOTOGRAPHS THAT APPLY TO SOMETHING OTHER THAN=20

4 COUNT 3?

5 MR. DUSEK: THEY APPLY TO COUNT 3 AND THEY WILL=20

6 ALSO INDICATE MOTIVE FOR WHY HE DID WHAT HE DID.

7 THE COURT: I UNDERSTAND THE MOTIVE. I=20

8 UNDERSTAND THAT.=20

9 THEY ALSO APPLY TO COUNT 3?

10 MR. DUSEK: YES.

11 MR. BOYCE: YOUR HONOR, AS FAR AS COUNT 3, I=20

12 HAVE REVIEWED THE PHOTOGRAPHS AND I DON’T BELIEVE=20

13 THAT ANY OF THEM ARE — COME WITHIN THE AMBIT OF=20

14 COUNT 3 AS DEFINED BY THE PENAL CODE.

15 THE COURT: WELL, WHAT I WILL DO FOR YOU, I’LL=20

16 AT LEAST REVIEW THE PHOTOGRAPHS, AND THEN I’LL=20

17 DETERMINE WHETHER OR NOT WE’RE GOING TO HAVE ANY=20

18 SORT OF IN-CAMERA HEARING.=20

19 MR. BOYCE: THANK YOU.=20

20 THE COURT: MAY I SEE THEM, PLEASE. MAY WE HAVE=20

21 THEM MARKED SO THAT WHEN I MAKE SOME SORT OF A=20

22 RULING, SOMEONE ELSE WILL KNOW WHAT I’M REFERRING=20

23 TO.

24 MR. DUSEK: YOUR HONOR, MARKED AS PEOPLE’S=20

25 EXHIBIT 4, COLOR PHOTOGRAPHS, MULTIPLE PAGES THAT=20

26 SEEM TO BE ATTACHED WITH A PAPER CLIP.=20

27 AND HAVE BEEN MARKED AS PEOPLE’S EXHIBIT 5,=20

28 MULTIPLE PAGES OF LOOKS LIKE ANIMATIONS, CARTOONS.

Page 242

1 THE COURT: ALL RIGHT. THANK YOU.

2 (PEOPLE’S EXHIBITS 4 AND 5 MARKED FOR=20

3 IDENTIFICATION.)

4 MR. BOYCE: I OBJECT AS FAR AS RELEVANCE, 352,=20

5 AND 1101.

6 THE COURT: THANK YOU.

7 (PAUSE IN PROCEEDINGS WHILE COURT REVIEWS=20

8 EXHIBITS.)

9 MR. FELDMAN: YOUR HONOR, EXCUSE ME. YOU’RE=20

10 DISPLAYING TO THE AUDIENCE.

11 THE COURT: IF THEY CAN SEE UP HERE, I WOULD=20

12 BE —

13 MR. FELDMAN: THERE’S CAMERAS WITH ZOOM LENSES.

14 THE COURT: DON’T ZOOM IN ON THESE.=20

15 THANK YOU FOR POINTING THAT OUT. I DIDN’T=20

16 THINK ABOUT THAT. I COULDN’T IMAGINE THAT THEY=20

17 COULD DO THAT.

18 (PAUSE IN PROCEEDINGS WHILE COURT REVIEWS=20

19 EXHIBITS.)

20 THE COURT: WHAT’S THE OBJECTION, AGAIN, PLEASE?

21 MR. BOYCE: THE OBJECTION IS RELEVANCE, 352, AND=20

22 1101, AND ALSO UNDER THE FIFTH, SIXTH, AND THE 14TH=20

23 AMENDMENT OF THE CONSTITUTION, YOUR HONOR.

24 THE COURT: LET’S TRY THE FIFTH, SIX, AND 14TH=20

25 AMENDMENT TO THE CONSTITUTION. WHAT DO YOU MEAN?

26 MR. BOYCE: PROSECUTION HAS OFFERED THEM AS=20

27 MOTIVE, APPARENTLY. BUT THAT’S PURELY SPECULATION. =20

28 AND UNDER THE FIFTH, SIXTH, AND 14TH AMENDMENT TO=20

Page 243

1 THE CONSTITUTION IT’S A VIOLATION OF=20

2 MR. WESTERFIELD’S DUE PROCESS RIGHTS TO HAVE THOSE=20

3 PRESENTED, BECAUSE OF THE UNDULY PREJUDICIAL NATURE=20

4 OF THE PHOTOGRAPHS, AND ATTEMPTING TO EITHER AS A=20

5 BINDOVER OR TO CONVICT HIM AT TRIAL.=20

6 WE WOULD ALSO REQUEST ANY — WE WOULD ALSO=20

7 REQUEST COPIES OF THOSE PHOTOS IN ORDER TO PRESENT=20

8 AN AFFIRMATIVE DEFENSE AT PRELIMINARY HEARING AND=20

9 CONSULT WITH OUR OWN EXPERT.

10 THE COURT: WELL, I’M SURE THAT YOU CAN HAVE=20

11 COPIES OF THESE PHOTOS.

12 MR. DUSEK: I’M NOT SURE THEY CAN. I THINK IT’S=20

13 ILLEGAL TO POSSESS THOSE. THEY CAN — THEY HAVE=20

14 BEEN TOLD THAT THEY CAN LOOK AT THEM AT OUR=20

15 FACILITIES, BUT TO DUPLICATE AND DISTRIBUTE THAT=20

16 MATERIAL —

17 THE COURT: EVEN FOR THE PURPOSES OF PRESENTING=20

18 A DEFENSE?

19 MR. DUSEK: I BELIEVE SO.=20

20 MR. BOYCE: WE’RE REQUESTING THEM IN A=20

21 CONFIDENTIAL MANNER, YOUR HONOR. THIS CAN BE=20

22 RESOLVED AT ANY TIME.

23 THE COURT: I THINK WE CAN RESOLVE THAT LATER. =20

24 I CERTAINLY THINK YOU’RE ENTITLED TO HAVE ACCESS TO=20

25 THEM IF YOU’RE NOT ENTITLED TO COPY THEM. AND RIGHT=20

26 NOW, I DON’T HAVE THE LAW IN FRONT OF ME TO=20

27 DETERMINE WHETHER OR NOT IT’S APPROPRIATE TO EVEN=20

28 ALLOW IT OR I’M NOT SURE I CAN’T ALLOW IT.=20

Page 244

1 I KNOW THAT I’VE ALWAYS HEARD THAT YOU’RE=20

2 NOT ALLOWED TO PHOTOCOPY MONEY. AND HOW MANY DRUG=20

3 CASES DO WE SEE WHERE WE HAVE PHOTOCOPIES OF THE=20

4 MONEY THAT WAS SEIZED FROM THE DEFENDANT? SO I=20

5 DON’T KNOW.=20

6 BUT I WILL MAKE SURE THERE’S AN=20

7 ACCOMMODATION SO THAT YOU HAVE ACCESS TO THEM, AND=20

8 I’LL SPEND A LITTLE TIME TRYING TO DETERMINE WHETHER=20

9 OR NOT IT WOULD BE A VIOLATION OF THE LAW TO ALLOW=20

10 YOU TO PHOTOCOPY THAT.=20

11 NOW, WHAT DOES THE PROSECUTION HAVE TO SAY=20

12 OTHER THAN MOTIVE?

13 MR. DUSEK: THAT THE ITEMS INDICATE A CRIME THAT=20

14 WE HAVE ALLEGED IN 311.11. THE WITNESSES WILL BE=20

15 HERE TO TESTIFY REGARDING THE ACQUISITION OF THESE=20

16 ITEMS. AND THE TRIER OF FACT WILL BE ABLE TO MAKE A=20

17 DETERMINATION BASED UPON THE EVIDENCE THAT’S HEARD=20

18 AND OBSERVATIONS OF THESE EXHIBITS.=20

19 THE COURT: IS IT YOUR POSITION THAT THE=20

20 CARTOONS CONSTITUTE A VIOLATION OF COUNT 3?

21 MR. DUSEK: I BELIEVE THE CARTOONS GO TO THE=20

22 MOTIVE.

23 PERHAPS ANIMATION IS BETTER THAN CARTOON.

24 THE COURT: CARTOONS, ANIMATION, SAME THING. =20

25 DEPENDS HOW OLD YOU ARE. WHEN I GREW UP, IT’S=20

26 CARTOONS.=20

27 THE OBJECTION IS OVERRULED.=20

28 MR. DUSEK: DETECTIVE WATKINS.

Page 245

1 =20

2 JAMES M. WATKINS,

3 PEOPLE’S WITNESS, HAVING BEEN FIRST DULY SWORN,=20

4 TESTIFIED AS FOLLOWS: =20

5 =20

6 THE COURT: PLEASE TAKE THE STAND.=20

7 COUNSEL, BEFORE THESE PHOTOGRAPHS,=20

8 ANIMATIONS ARE DISPLAYED, PLEASE MAKE SURE YOU CAN=20

9 LAY A FOUNDATION. OKAY?

10 MR. DUSEK: I DON’T INTEND TO DISPLAY THEM, YOUR=20

11 HONOR.

12 THE COURT: OH, OKAY.

13 MR. DUSEK: THEY PROBABLY CAN’T BE PUBLISHED=20

14 ANYWAY.=20

15 =20

16 DIRECT EXAMINATION

17 BY MR. DUSEK:

18 Q SIR, WOULD YOU STATE YOUR FULL NAME,=20

19 PLEASE, AND SPELL YOUR LAST NAME.

20 A JAMES M. WATKINS, W-A-T-K-I-N-S.=20

21 Q HOW ARE YOU EMPLOYED, SIR?

22 A I’M A DETECTIVE WITH THE SAN DIEGO POLICE=20

23 DEPARTMENT.=20

24 Q HOW LONG HAVE YOU BEEN WITH THE POLICE=20

25 DEPARTMENT?

26 A APPROXIMATELY 19 YEARS.=20

27 Q WHAT’S YOUR CURRENT ASSIGNMENT?

28 A I’M CURRENTLY ASSIGNED TO THE REGIONAL=20

Page 246

1 COMPUTER FORENSICS LABORATORY AS A COMPUTER=20

2 FORENSICS EXAMINER.=20

3 Q WHAT DO YOU DO THERE?

4 A WHAT WE DO THERE IS EXTRACT EVIDENCE FROM=20

5 COMPUTERS AND DIGITAL EVIDENCE. WE EXTRACT IT=20

6 WITHOUT ALTERATION TO THE ORIGINAL FORM AND THEN WE=20

7 MAKE IT IN A PRESENTABLE MANNER FOR COURT.

8 Q WOULD YOU TELL US YOUR BACKGROUND THAT=20

9 QUALIFIES YOU TO DO THAT WORK WITH COMPUTERS.

10 A I’M CERTIFIED BY THE FBI LABORATORY IN=20

11 WASHINGTON, D.C. AS A COMPUTER FORENSICS EXAMINER. =20

12 I’M ALSO A MEMBER OF THE FBI’S COMPUTER ANALYSIS=20

13 RESPONSE TEAM. AS PART OF THAT CERTIFICATION, I’VE=20

14 RECEIVED APPROXIMATELY 800 HOURS OF TRAINING=20

15 SPECIFICALLY RELATED TO COMPUTER FORENSICS.=20

16 SOME OF THE TRAINING I’VE RECEIVED WAS THE=20

17 INITIAL TRAINING BY THE FBI COMPUTER ANALYSIS=20

18 RESPONSE TEAM HERE IN SAN DIEGO. THEY CAME OUT AND=20

19 TAUGHT THE CLASS HERE. I RECEIVED NUMEROUS CLASSES=20

20 AT THE FBI ACADEMY IN QUANTICO, VIRGINIA, BY THE=20

21 COMPUTER ANALYSIS RESPONSE TEAM. THE COMPUTER=20

22 TRAINING UNIT, AND THE NATIONAL INFRASTRUCTURE AND=20

23 PROTECTION CENTER, ALSO KNOWN AS NIPC.=20

24 I RECEIVED TRAINING BY THE INTERNATIONAL=20

25 ASSOCIATION OF COMPUTER INVESTIGATIVE SPECIALISTS,=20

26 THE NATIONAL WHITE COLLAR CRIME CENTER, THE SEARCH=20

27 GROUP UP IN SACRAMENTO, CALIFORNIA, AND THEN SOME=20

28 CLASSES HERE BY THE UCSD SUPERCOMPUTER CENTER.

Page 247

1 Q HOW LONG HAVE YOU BEEN IN YOUR CURRENT=20

2 ASSIGNMENT?

3 A APPROXIMATELY THREE YEARS.

4 Q BEFORE THAT, DID YOU WORK WITH COMPUTERS?

5 A I’VE WORKED WITH COMPUTERS BUT NOT IN THE=20

6 SAME CAPACITY.=20

7 Q LET ME DIRECT YOUR ATTENTION BACK TO THE=20

8 EARLY PART OF FEBRUARY OF THIS YEAR. DID YOU BECOME=20

9 INVOLVED IN THE EXECUTION OF A SEARCH WARRANT AT=20

10 MR. WESTERFIELD’S RESIDENCE?

11 A YES, SIR, I DID.=20

12 Q DID YOU BECOME INVOLVED IN THAT TYPE OF=20

13 WORK IN YOUR CURRENT CAPACITY?

14 A IT IS A — IT’S A COMMON ASSIGNMENT FOR US,=20

15 YES, SIR.

16 Q WHAT TYPE OF SITUATIONS?

17 A WE HAVE DONE COMPUTERS IN ALL SORTS OF=20

18 SITUATIONS FROM EVERYTHING FROM HOMICIDES TO CHILD=20

19 ABUSE, TERRORISM, JUST IT RUNS THE WHOLE GAMUT, SIR.

20 Q WHY ARE YOU CALLED IN TO ASSIST THE OTHER=20

21 INDIVIDUALS?

22 A COMPUTER EVIDENCE IS A DELICATE EVIDENCE. =20

23 ONE OF THE THINGS THAT I TEACH — I TEACH IT, YOU=20

24 KNOW, HERE IN THE COUNTY, THE GUIDELINES THAT HAVE=20

25 BEEN WRITTEN, THAT COMPUTER EVIDENCE IS FRAGILE. IT=20

26 CAN BE ALTERED, ACCIDENTALLY. IT CAN BE DAMAGED. =20

27 AND IF NOT HANDLED PROPERLY, IT CAN ACTUALLY CEASE=20

28 TO EXIST. UNLIKE REGULAR EVIDENCE.=20

Page 248

1 Q WHEN WERE YOU NOTIFIED THAT THEY NEEDED=20

2 YOUR ASSISTANCE TO EXECUTE THE SEARCH WARRANT?

3 A IT WAS THE MONDAY, WOULD BE THE FIRST=20

4 MONDAY AFTER DANIELLE VAN DAM WAS MISSING. IT WAS=20

5 THAT EVENING.=20

6 Q WHERE DID YOU GO?

7 A I WAS REQUESTED TO GO DOWN INITIALLY TO THE=20

8 NORTHEAST DIVISION SUBSTATION AND THEN FROM THERE=20

9 WENT TO MR. WESTERFIELD’S HOUSE.

10 Q DO YOU RECALL THE ADDRESS?

11 A NOT OFFHAND, NO, SIR.=20

12 Q WERE YOU WITH ANY OTHER OFFICERS?

13 A I WAS WITH SERGEANT HOLMES, HOMICIDE=20

14 TEAM —

15 THE REPORTER: HOMICIDE TEAM WHAT?

16 THE WITNESS: 4.

17 BY MR. DUSEK:

18 Q ANY OTHER COMPUTER PEOPLE WORKING WITH YOU?

19 A YES, THERE WAS. THERE WAS COMPUTER=20

20 SPECIALISTS WITH THE FBI, MR. LEE YOUNGFLESH,=20

21 Y-O-U-N-G-F-L-E-S-H.

22 Q DID YOU TAKE ANY EQUIPMENT WITH YOU?

23 A YES, SIR, I DID.=20

24 Q WHAT?

25 A I TOOK — WE TOOK MOBILE OR FIELD IMAGING=20

26 KITS WHICH ARE MOBILE COMPUTERS. WE ALSO TOOK JUST=20

27 DIFFERENT PIECES OF MEDIA, SUCH AS HARD DRIVES, THAT=20

28 WE COULD CREATE WHICH IS CALLED IMAGING.=20

Page 249

1 Q WHY?

2 A WHAT WE WANTED TO DO IS CREATE AN IMAGE OR=20

3 A COPY OF THE HARD DRIVES OF MR. WESTERFIELD’S=20

4 COMPUTERS.=20

5 Q DID YOU GO THROUGH HIS HOUSE TO SEE IF HE=20

6 HAD ANY COMPUTERS?

7 A WE WERE DIRECTED TO THE UPSTAIRS INTO AN=20

8 OFFICE. AND ONCE WE WERE DIRECTED TO THE OFFICE, WE=20

9 SET OUR EQUIPMENT UP THERE AND DID THE IMAGING IN=20

10 THERE.=20

11 Q DESCRIBE FOR US WHAT YOU DID WITH THESE=20

12 COMPUTERS.

13 A WHAT WE DID WE TOOK THE HARD DRIVES OUT OF=20

14 THE COMPUTERS. THE HARD DRIVE IS BASICALLY THE=20

15 MEMORY OF THE COMPUTER WHERE ALL THE DATA IS STORED. =20

16 WE REMOVED THE HARD DRIVES FROM THE COMPUTERS IN THE=20

17 OFFICE. WE THEN ATTACHED THOSE HARD DRIVES TO OUR=20

18 FIELD IMAGING KITS, WE CREATED THE COPY, WE THEN=20

19 REPLACE THE HARD DRIVE AND MADE SURE THE COMPUTERS=20

20 STARTED BACK UP.

21 Q WHEN YOU DID THAT, WHAT DID THAT GIVE YOU?

22 A WHAT THAT GAVE US WAS A DUPLICATE OF THE=20

23 ORIGINAL HARD DRIVE. EVERY PIECE OF DATA THAT WAS=20

24 ON THE ORIGINAL HARD DRIVE WAS THEN COPIED OVER TO=20

25 FILES ONTO OUR HARD DRIVE.

26 Q HOW DOES SOMETHING GET ONTO THE HARD DRIVE=20

27 IN A PERSON’S COMPUTER?

28 A IT IS USUALLY — IT’S PLACED — IT’S EITHER=20

Page 250

1 DIRECTLY PLACED ON THERE FROM, YOU KNOW, BY THE=20

2 COMPUTER USERS, BY EITHER INSERTING A DISKETTE, A CD=20

3 ROM, INSTALLING A PROGRAM, GETTING ON THE INTERNET=20

4 AND DOWNLOADING INFORMATION. BUT IT’S USUALLY AN=20

5 ACT THAT THE USER HAS TO PERFORM.=20

6 Q AFTER YOU DID WHAT YOU JUST DESCRIBED, DID=20

7 YOU DO OTHER STUFF WITH THE COMPUTER?

8 A WITH THOSE COMPUTERS, WHEN I WENT BACK TO=20

9 THE — WELL, WE DID THESE COMPUTERS.=20

10 WE WERE DIRECTED TO A THIRD COMPUTER IN A=20

11 BEDROOM, WHICH WAS A GATEWAY MINITOWER. WE IMAGED=20

12 THAT COMPUTER.=20

13 WE WERE THEN BROUGHT A LAPTOP COMPUTER BY=20

14 LIEUTENANT COLLINS, WE IMAGED THAT ONE. AND ALSO A=20

15 PALM PILOT AND WE IMAGED THAT. =20

16 Q WHEN YOU COMPLETED THAT WORK, WHAT DID YOU=20

17 DO?

18 A IT’S OUR HABIT AND CUSTOM ON WHENEVER WE’RE=20

19 DOING IMAGINING TO LOOK AROUND THE SCENE TO SEE IF=20

20 THERE IS ANYTHING THAT WOULD BE HELPFUL, SUCH AS=20

21 THESE COMPUTERS I BELIEVE THEY HAD DIFFERENT DEVICES=20

22 HOOKED UP TO THEM. WE USUALLY LOOK FOR OWNER=20

23 MANUALS, USER MANUALS, BOOKS, THINGS THAT WOULD HELP=20

24 US IN, LATER ON IN OUR ANALYSIS.=20

25 MR. YOUNGFLESH FOUND AN ENVELOPE ON A=20

26 BOOKCASE THAT WAS STICKING UP BEHIND SOME BOOKS. =20

27 IT’S COMMON PRACTICE FOR PEOPLE TO PUT EVERYTHING=20

28 FROM COMPUTER PASSWORDS, MANUALS, THINGS THAT WE=20

Page 251

1 FIND USEFUL IN OUR EXAMINATION IN THESE TYPE OF=20

2 ENVELOPES LIKE THAT.=20

3 MR. YOUNGFLESH OPENED THE ENVELOPE AND=20

4 FOUND –=20

5 THE COURT: YOU’RE GOING TO HAVE TO SLOW DOWN A=20

6 LITTLE BIT.

7 THE WITNESS: I’M SORRY.

8 THE REPORTER: “MR. YOUNGFLESH”?

9 THE WITNESS: MR. YOUNGFLESH FOUND AN ENVELOPE=20

10 ON A BOOKCASE BEHIND SOME BOOKS, IT WAS STICKING UP,=20

11 AND YOU COULD SEE THE TOP QUARTER, I WOULD SAY, OF=20

12 THIS ENVELOPE. INSIDE THE ENVELOPE WERE THREE ZIP=20

13 DISKS AND THREE CD ROMS.

14 BY MR. DUSEK:=20

15 Q WHAT’S A ZIP DISK?

16 A A ZIP DISK IS — IT’S ABOUT TWO-AND-A-HALF=20

17 INCHES BY TWO-AND-A-HALF INCHES. IT LOOKS LIKE, IF=20

18 YOU’RE FAMILIAR WITH COMPUTERS, A FLOPPY DISK WHICH=20

19 IS SOMETHING THAT INFORMATION IS STORED ON REMOTELY,=20

20 SUCH AS YOU CAN TAKE THIS DISK, YOU CAN PUT IT INTO=20

21 THE COMPUTER, EITHER TRANSFER FILES TO THIS DISK,=20

22 AND STORE INFORMATION ON IT, OR TAKE INFORMATION OFF=20

23 IT AND LOOK AT IT.=20

24 BUT IT’S ALSO A WAY THAT YOU CAN MOVE=20

25 INFORMATION FROM ONE PLACE TO ANOTHER. IT’S ALSO A=20

26 WAY THAT YOU CAN HAVE INFORMATION AVAILABLE WITHOUT=20

27 LEAVING IT ON YOUR COMPUTER.

28 Q AND YOU ALSO SAID A CD ROM WAS FOUND OR A=20

Page 252

1 COUPLE OF THEM?

2 A YES, SIR. THERE WERE SEVERAL, I BELIEVE=20

3 THREE CD ROMS THAT WE IDENTIFIED.=20

4 Q LET’S ASSUME I KNOW NOTHING ABOUT=20

5 COMPUTERS. WHAT IS A CD ROM?

6 A A CD ROM IS A — IT’S A SMALL PLATTER, IT=20

7 LOOKS — IT’S MADE OF PLASTIC. INSIDE THE PLASTIC=20

8 IS A COAT. INFORMATION IS STORED ON THIS. IN THE=20

9 COMPUTER, THERE IS A DEVICE CALLED THE CD ROM READER=20

10 WHICH HAS A LASER IN IT. THIS LASER ACTUALLY GOES=20

11 AND READS THE MARKINGS INSIDE THIS DISKETTE OR THIS=20

12 PLATTER. THE PLATTER SPINS AROUND. AS IT SPINS=20

13 AROUND, THE DATA, THE LASER READS THE DATA AND THEN=20

14 THE COMPUTER INTERPRETS IT AND SEES THE INFORMATION.=20

15 Q ONCE YOU COMPLETED THOSE EFFORTS, WHAT NEXT=20

16 DID YOU DO ON THAT OCCASION?

17 A WE, BECAUSE WE WERE CALLED TO THE SCENE TO=20

18 JUST DO THE IMAGING, WHEN WE FOUND THE DISKS, WE DID=20

19 WHAT IS CALLED A PREVIEW WHERE WE CAN LOOK AT THE=20

20 ZIP DISKS AND THE CD ROM WITHOUT DOING ANY WRITING=20

21 TO THEM, WHICH WOULD ALTER IT. WE SCANNED THROUGH=20

22 IT, AND MR. YOUNGFLESH SAW WHAT HE FELT — WHAT HE=20

23 REFERRED TO AS QUESTIONABLE IMAGES.

24 Q WHICH MEANS WHAT?

25 A WHICH MEANS IT LOOKS LIKE IT WAS — IT HAD=20

26 DEPICTIONS OF PEOPLE UNDER THE AGE OF 18 THAT WERE=20

27 EITHER CLOTHED OR PARTIALLY — I’M SORRY. NAKED OR=20

28 PARTIALLY NAKED. AND WHO WERE EITHER ENGAGED IN=20

Page 253

1 SEXUAL ACTS OR IN SEXUAL POSES, THAT SORT OF THING.

2 Q WHEN YOU GOT THAT INFORMATION, WHAT DID YOU=20

3 DO?

4 A WHEN WE GOT THAT INFORMATION, IT WAS OUR=20

5 BELIEF THAT IT WAS A POSSIBLY IT WAS A VIOLATION OF=20

6 311 OF THE PENAL CODE. RATHER THAN CONTINUE WITH=20

7 THE EXAMINATION, WE SET THOSE ASIDE AND INFORMED I=20

8 BELIEVE IT WAS DETECTIVE HERGENROEATHER THAT THESE=20

9 WERE PROBABLY CONTRABAND AND SHOULD PROBABLY BE=20

10 SEIZED.=20

11 Q WERE THEY?

12 A YES, THEY WERE.=20

13 Q WAS ANYTHING ELSE TAKEN FROM HIS HOME=20

14 REGARDING THE COMPUTERS AT THAT TIME?

15 A TO MY KNOWLEDGE, ALL THAT WERE SEIZED=20

16 COMPUTER-RELATED WERE THOSE — THE IMAGES WE MADE,=20

17 BUT AGAIN, WE LEFT THE ORIGINAL HARD DRIVES, THE=20

18 ORIGINAL COMPUTERS AT THE SCENE.=20

19 WE TOOK OUR IMAGES WITH US BACK TO THE=20

20 LABORATORY, AND I BELIEVE IT WAS THE ZIP DISKS AND=20

21 THE CD’S WERE TAKEN BACK BY THE SAN DIEGO P.D.

22 Q THE IMAGES THAT YOU TOOK, WERE THEY=20

23 REVIEWED?

24 A YES, THEY WERE.=20

25 Q DID YOU FIND ANYTHING OF A SEXUAL NATURE IN=20

26 WHAT YOU REVIEWED?

27 A YES, SIR, WE DID.=20

28 Q DID YOU FIND ANY OUTLINE OR ORGANIZATIONAL=20

Page 254

1 SYSTEM IN MR. WESTERFIELD’S RESIDENCE?

2 A I’M SORRY?

3 Q REGARDING THE COMPUTERS.

4 A THE COMPUTERS, EVERYTHING WAS VERY WELL OR=20

5 VERY HIGHLY ORGANIZED. THE WAY THAT A COMPUTER IS=20

6 ORGANIZED, WOULD BE LIKE A FILE CABINET. YOU HAVE=20

7 FOLDERS OR DIRECTORIES OR FILE DRAWERS WHICH WOULD=20

8 BE CONSIDERED A FOLDER OR DIRECTORY. INSIDE EACH OF=20

9 THOSE FILES OR DRAWERS ARE OTHER FILES OR FOLDERS. =20

10 YOU COULD HAVE INSIDE THOSE FOLDERS ADDITIONAL=20

11 FOLDERS.=20

12 THAT WAY YOU CAN TAKE INFORMATION AND HAVE =20

13 IT CATEGORIZED DOWN FOR LIKE PICTURES, YOU COULD=20

14 HAVE A VERY BROAD SUBJECT SUCH AS PICTURES. THEN IN=20

15 THAT PICTURE FOLDER, YOU CAN HAVE FOLDERS UNDERNEATH=20

16 THAT OR DIVIDED UP INTO ADDITIONAL AREAS OR EVEN OF=20

17 STORAGE, SO YOU COULD HAVE LITERALLY HUNDREDS OF=20

18 FILE FOLDERS THAT WOULD CONTAIN FILES OR PICTURES.=20

19 Q HE HAD DONE THAT IN THIS CASE?

20 A YES, SIR.

21 Q HAD HE LABELED SOME OF HIS FILE FOLDERS?

22 A YES, HE HAD.=20

23 Q IN RELATION TO WHAT WE’RE TALKING ABOUT=20

24 HERE TODAY, WHAT WERE SOME OF THE LABELS?

25 A SOME OF THE LABELS WERE “TEEN,” “BIG RED,”=20

26 THERE WERE “FARM ONE.” THOSE WERE THE ONES THAT THE=20

27 FILES IN QUESTION TODAY. BUT THERE WERE HUNDREDS OF=20

28 OTHER FILE NAMES OR FOLDER NAMES.=20

Page 255

1 Q ANY OF THEM SPECIFICALLY RELATING TO SEX?

2 A THERE WAS ONE THAT WAS LABELED “BLOW JOB”=20

3 OR “BJ.” I’M SORRY. “BJ.” IT WAS UNDER — I=20

4 BELIEVE IT WAS UNDER .JPG, WHICH IS A FILE=20

5 DESIGNATION FOR DIGITAL PHOTOS. AND INSIDE THAT –=20

6 INSIDE THAT DIRECTORY WERE NUMEROUS PICTURES THAT=20

7 DEPICTED ORAL SEX.=20

8 Q HOW MANY IMAGES WERE YOU ABLE TO RETRIEVE?

9 A FROM AN OVERALL, THERE WERE THOUSANDS OF=20

10 PICTURES. BUT FROM A QUESTIONABLE STANDPOINT, WE=20

11 RETRIEVED APPROXIMATELY, I WOULD SAY, LESS THAN A=20

12 HUNDRED.

13 Q AND DID YOU PROVIDE ME, AND WE HAVE BEEN=20

14 ABLE TO SHOW COUNSEL, SOME OF THOSE IMAGINES THAT=20

15 YOU BROUGHT?

16 A YES, I DID.

17 Q I’VE HAD MARKED AS PEOPLE’S EXHIBIT 4=20

18 MULTI-PAGE COLOR DOCUMENTS. IT APPEARS TO CONTAIN=20

19 FOUR PHOTOGRAPHS ON EACH PAGE.=20

20 DO YOU RECOGNIZE WHAT WE HAVE DEPICTED=20

21 THERE?

22 A YES, I DO.

23 Q BASICALLY —

24 MR. BOYCE: YOUR HONOR, MAY I APPROACH?

25 THE COURT: OF COURSE.

26 BY MR. DUSEK:

27 Q THERE APPEAR TO BE HUMANS INVOLVED IN THESE=20

28 PHOTOGRAPHS?

Page 256

1 A YES, SIR, THERE ARE.

2 Q MALE OR FEMALE?

3 A THEY ARE FEMALE.

4 Q THEY APPEAR TO BE YOUNG?

5 A YES, SIR.

6 Q DO THEY APPEAR TO BE ENGAGED IN SEXUAL=20

7 ACTIVITIES?

8 A THEY APPEAR TO BE ENGAGED IN SEXUAL=20

9 ACTIVITY OR IN SEXUAL POSES.

10 Q WITH WHAT?

11 A ON THE FIRST PAGE IT APPEARS TO BE WITH=20

12 ANIMALS.=20

13 Q BASICALLY, THE FIRST FOUR PAGES THEY ALL=20

14 APPEAR TO BE ANIMALS?

15 A THE FIRST FOUR PAGES APPEAR TO BE ANIMALS,=20

16 YES, SIR.

17 Q WE GO DOWN BELOW THAT, WHAT DO WE HAVE ON=20

18 THE REMAINING PAGES?

19 A THE REMAINING PAGES ARE PICTURES OF WHAT=20

20 APPEAR TO BE PEOPLE OR GIRLS UNDER THE AGE OF 18. =20

21 THEY APPEAR TO BE IN SEXUALLY EXPLICIT POSES.=20

22 Q THEY ALSO APPEAR TO BE ENGAGED IN SEXUAL=20

23 ACTS?

24 A YES, SIR.=20

25 Q I’VE ALSO HAD MARKED AS PEOPLE’S EXHIBIT 5=20

26 WHAT APPEARS TO BE A MULTI-PAGE DOCUMENT. IT=20

27 APPEARS TO BE DRAWINGS, CARTOON OR ANIMATIONS, IF=20

28 YOU WILL, WITH DIALOGUE INVOLVED.=20

Page 257

1 DO YOU RECOGNIZE THIS?

2 A YES, SIR, I DO.=20

3 Q WHAT IS THIS?

4 A THESE ARE ANIMATION OR DIGITAL PHOTOS, OR=20

5 ANIMATION ACTUALLY, AND THEY APPEAR TO BE A SERIES=20

6 OF PHOTOGRAPHS, OR OF ANIMATIONS.

7 Q IS THERE A DIALOGUE THAT APPEARS TO DEPICT=20

8 THE TWO INDIVIDUALS TALKING?

9 A YES, SIR, THERE IS.=20

10 Q CAN YOU DESCRIBE THE TWO INDIVIDUALS JUST=20

11 GENERICALLY.

12 A GENERICALLY, BY LOOKING AT THE PICTURE, IT=20

13 APPEARS TO BE A YOUNG FEMALE. AS YOU GO THROUGH THE=20

14 SERIES, IT APPEARS THE FEMALE IS BOUND BY ROPE, WITH=20

15 HER HANDS APPARENTLY BEHIND HER BACK.=20

16 LOOKING, AS YOU GO THROUGH THE SERIES, THE=20

17 FEMALE HAS NOW GOT HER HANDS ABOVE HER HEAD, APPEARS=20

18 TO BE TIED BY A OR BOUND BY A LEATHER STRAP OF SOME=20

19 SORT. PERSON’S BEING PULLED. HER DRESS IS BEING=20

20 PULLED UP. SHE APPEARS TO BE FIGHTING, TELLING A=20

21 PERSON NOT TO TOUCH HER, ASKING HER NOT TO RAPE HER.=20

22 THE OTHER DIALOGUE THE PERSON IS — APPEARS=20

23 TO BE MAKING STATEMENTS OF A SEXUALLY EXPLICIT=20

24 NATURE REGARDING WANTING TO HAVE FORCEFUL SEX WITH=20

25 THE PERSON.=20

26 GOING THROUGH, THE PERSON APPEARS TO BE=20

27 HAVING VAGINAL INTERCOURSE. CONTINUING THROUGH, THE=20

28 PERSON HAS HAD THE FEMALE OR THE GIRL IS HAVING ORAL=20

Page 258

1 SEX WITH THE MAN. THEN IT CONTINUES ON. THE TWO=20

2 SERIES ARE VERY SIMILAR.=20

3 THE COURT: NEXT QUESTION.

4 MR. DUSEK: THANK YOU, SIR.

5 BY MR. DUSEK:

6 Q DO YOU RECALL HOW THIS WAS LABELED IN HIS=20

7 COMPUTER?

8 A THESE WERE LABELED UNDER THE — IT APPEARS=20

9 THAT THERE WERE TWO DEFINITE SERIES THAT WERE=20

10 LABELED 01BR AND THEN 02BR, THAT WAS IN THE=20

11 DIRECTORY OF “BIG RED.”=20

12 THE OTHER ONE WHICH WAS 01DB THEN 02DB AND=20

13 SO ON WAS LABELED UNDER, IF I MAY LOOK AT MY NOTES. =20

14 THEY’RE BOTH IN WHAT’S CALLED SUBDIRECTORIES, GOING=20

15 BACK TO HOW YOU ASKED HOW IT WAS CATEGORIZED. IT=20

16 WAS THE MAIN FOLDER OF “SWIM,” UNDER “SWIM” A SECOND=20

17 FOLDER THAT WAS “CARTOONS,” AND THEN UNDER=20

18 “CARTOONS” WAS THE DIRECTORY OR FOLDER OF “BIG RED,”=20

19 WHICH HAD THE IMAGES 1BR, 2BR, ET CETERA.=20

20 IT ALSO HAD A SECOND FOLDER IN IT THAT WAS=20

21 “DEEP BLACK,” WHICH HAD THE SECOND SERIES.=20

22 Q DID YOU FIND ANY PHOTOGRAPHS IN HIS=20

23 COMPUTERS RELATING TO REAL PEOPLE, YOUNG GIRLS?

24 A YES, SIR.

25 Q WHO WERE THEY?

26 A I FOUND PICTURES OF A PERSON IDENTIFIED=20

27 APPEARED TO BE A FEMALE BY THE NAME OF DANIELLE THAT=20

28 BY LOOKING THROUGH SOME OF THE CORRESPONDENCE=20

Page 259

1 APPEARED TO BE THE DAUGHTER OF A GIRLFRIEND.

2 Q HOW OLD WAS THE DAUGHTER?

3 A THE DAUGHTER APPEARED TO ME TO BE IN HER=20

4 EARLY TO MID TEENS.

5 Q HOW WAS SHE POSITIONED IN THE PHOTOGRAPHS?

6 A THERE WAS ONE PHOTOGRAPH I FOUND OF HER=20

7 THAT SHE WAS POSING WITH I BELIEVE HER MOTHER. AND=20

8 THEN THERE WERE SEVERAL OTHER PHOTOGRAPHS WHERE SHE=20

9 WAS IN A BIKINI AND WAS SITTING ON THE EDGE OF A=20

10 JACUZZI OR PARTIALLY IN THE JACUZZI, EXCUSE ME. AND=20

11 THEN THERE WERE SEVERAL PHOTOS OF THIS GIRL IN A=20

12 BIKINI THAT APPEARED TO BE ON A LOUNGE BY THE — BY=20

13 A POOL AREA IN A BIKINI WITH A TOWEL OVER HER FACE=20

14 SO JUST HER CHEST AND BELOW WERE SEEN.=20

15 Q DO YOU RECALL HOW HER LEGS WERE POSITIONED?

16 A IN ONE OF THE PHOTOS — IN ALL OF THE=20

17 PHOTOS, HER LEGS WERE SPREAD LIKE IN A “V,” LIKE IN=20

18 A V-SHAPE. AND IN ONE OF THE PHOTOS, THE PHOTO WAS=20

19 ACTUALLY TAKEN RIGHT I GUESS DOWN THE MIDDLE OF THE=20

20 “V,” IF YOU WILL.=20

21 Q STANDING AT THE FOOT AREA LOOKING TOWARDS=20

22 THE HEAD? =20

23 A YES.

24 MR. DUSEK: THANK YOU. NOTHING FURTHER.=20

25 THE COURT: COUNSEL, ANY QUESTIONS?=20

26 /////=20

27 /////

28 /////

Page 260

1 CROSS-EXAMINATION

2 BY MR. BOYCE:

3 Q BEFORE TESTIFYING TODAY, DID YOU REVIEW ANY=20

4 DOCUMENTS?

5 A I REVIEWED THE PHOTOS.=20

6 Q DID YOU REVIEW ANY NOTES?

7 A I CREATED SOME NOTES. I — I’M SORRY, SIR. =20

8 PART OF MY TESTIMONY OVER THE WEEKEND, I WENT=20

9 THROUGH THE COMPUTER — I DIDN’T TAKE ANY NOTES, PER=20

10 SE. I SORT OF DRAFTED IT OUT. WHAT I DID IS THE=20

11 IMAGING ON THE COMPUTER, I WENT THROUGH MY COMPUTER=20

12 AND THE EVIDENCE FILES THAT HAD THE IMAGES AND HAD=20

13 INFORMATION THAT I REVIEWED AND THEN CREATED SOME=20

14 FIGURES FROM THAT.

15 Q YOU REVIEWED SOME NOTES, THOUGH; IS THAT=20

16 CORRECT?

17 A YES, SIR.

18 Q WHOSE NOTES DID YOU REVIEW?

19 A THOSE ARE MINE.=20

20 Q AND THOSE WERE NOTES THAT YOU — WHEN DID=20

21 YOU TAKE THOSE NOTES?

22 A PROBABLY ABOUT 10:30 ON SATURDAY.=20

23 Q DID YOU CREATE ANY REPORTS IN THIS CASE?

24 A NO, NOT YET.=20

25 Q YOU’VE WRITTEN NO REPORTS?

26 A ACTUALLY, WE DID DO ONE PRELIMINARY REPORT,=20

27 YES, SIR.

28 Q WHEN YOU SAY “WE,” WHO DO YOU MEAN BY “WE”?

Page 261

1 A THERE ARE SEVERAL PEOPLE IN THE LABORATORY=20

2 THAT DID THE — MR. YOUNGFLESH AND OTHERS THAT=20

3 EXAMINED SOME OF THE COMPUTER EVIDENCE.

4 Q YOU PERSONALLY, DID YOU DO ANY REPORTS?

5 A I DID ONE, YES, SIR.

6 Q WHEN DID YOU DO THAT REPORT?

7 A I DID THAT REPORT PROBABLY ABOUT A MONTH=20

8 AGO.=20

9 Q THAT REPORT WAS DONE FROM YOUR NOTES; IS=20

10 THAT CORRECT?

11 A NO, SIR. THERE WEREN’T ANY NOTES. IT WAS=20

12 DONE, THE REPORT WAS DONE DIRECTLY. ACTUALLY TO BE=20

13 MORE ACCURATE, IT WAS ACTUALLY A DRAFT, NOT A FINAL=20

14 COPY.=20

15 Q THE NOTES THAT YOU HAVE DESCRIBED, DO YOU=20

16 HAVE THOSE WITH YOU TODAY?

17 A NO, SIR, I DO NOT.=20

18 Q WHERE ARE THEY?

19 A THOSE ARE BACK AT THE LAB.

20 MR. BOYCE: I REQUEST THE COURT ORDER THAT WE BE=20

21 PROVIDED WITH A COPY OF THOSE NOTES IN ORDER TO=20

22 CROSS-EXAMINE THIS WITNESS, YOUR HONOR. =20

23 THE COURT: YOU’RE ENTITLED TO THEM.=20

24 GET THEM OVER HERE. PROCEED.

25 BY MR. BOYCE:

26 Q DO YOU HAVE ANY NOTES WITH YOU ON THE=20

27 WITNESS STAND?

28 A YES, SIR, I DO.

Page 262

1 MR. BOYCE: I WOULD REQUEST A COPY OF THOSE=20

2 NOTES.

3 THE COURT: YOU’RE CERTAINLY ENTITLED TO SEE THE=20

4 NOTES. WHY DON’T YOU COME UP HERE AND TAKE A LOOK=20

5 AT THE NOTES. WE’LL GO OFF THE RECORD WHILE YOU DO=20

6 THAT.=20

7 (RECESS.)

8 THE COURT: LET’S GO BACK ON THE RECORD.=20

9 I’D ASK THE DISTRICT ATTORNEY TO ASK HIS=20

10 WITNESSES TO BRING WITH THEM ANY NOTES THEY MAY HAVE=20

11 REVIEWED PRIOR TO TESTIMONY. DEFENSE COUNSEL HAS=20

12 ASKED EVERY WITNESS FOR COPIES OF THOSE NOTES. SO=20

13 IF THEY CAME WITH THE NOTES, IT WOULD BE HELPFUL.=20

14 WHAT — YOU HAD A CONCERN WHILE WE WERE OFF=20

15 THE RECORD AND I TOLD YOU YOU’D BE ABLE TO VOICE IT=20

16 WHEN WE’RE ON THE RECORD. IF YOU STILL WISH TO=20

17 VOICE IT, THIS IS THE TIME.

18 MR. BOYCE: YOUR HONOR, THERE ARE AT LEAST TWO=20

19 PAGES REGARDING DOWNLOAD FROM A DIRECTORY CONTAINING=20

20 CARTOONS THAT THE WITNESS HAS REVIEWED AND WE WOULD=20

21 REQUEST COPIES OF THOSE.=20

22 ALSO, THERE’S TWO PAGES OF HANDWRITTEN=20

23 NOTES THAT WE HAVE NOT SEEN THAT WE WOULD REQUEST=20

24 COPIES OF.=20

25 ALSO — ALSO, THERE ARE PORTIONS OF THE=20

26 BINDERS THAT HE HAS IN FRONT OF HIM THAT WE HAVE NOT=20

27 SEEN, INCLUDING THE PHOTOS OF DANIELLE, WHO IS THE=20

28 DAUGHTER OF MR. WESTERFIELD’S GIRLFRIEND THAT WAS=20

Page 263

1 REFERRED TO, AND THERE’S SEVERAL FAMILY PHOTOS IN=20

2 THERE THAT I WOULD LIKE TO DISCUSS WITH THIS WITNESS=20

3 DURING HIS EXAMINATION. SO WE WOULD LIKE COPIES OF=20

4 ALL THOSE.

5 THE COURT: WELL, COUNSEL, I’M SURE THAT THE=20

6 DISTRICT ATTORNEY WILL ACCOMMODATE YOU IN DUE=20

7 COURSE. HERE WE ARE TEN DAYS INTO THIS CASE, I’M=20

8 SURE THEY HAVE TURNED OVER THOUSANDS OF PAGES. AND=20

9 THEY’LL TURN OVER HUNDREDS OR THOUSANDS OF PAGES AS=20

10 SOON AS POSSIBLE.=20

11 SO PLEASE PROCEED WITH YOUR QUESTIONING OF=20

12 THIS WITNESS. IF WE TAKE A BREAK AND YOU WANT TO=20

13 LOOK AT HIS NOTEBOOK, I THINK THAT WOULD BE=20

14 APPROPRIATE.=20

15 MR. BOYCE: FOR THE PURPOSES OF THE PRELIMINARY=20

16 HEARING, I WOULD LIKE — THERE IS ABOUT SIX=20

17 PHOTOGRAPHS OF THE PERSON REFERRED TO AS DANIELLE,=20

18 THE GIRLFRIEND’S DAUGHTER, WHO WHICH I WOULD LIKE=20

19 MARKED AS AN EXHIBIT FOR PURPOSES OF PRELIMINARY=20

20 HEARING. WE WOULD HAVE NO OBJECTION TO STIPULATING=20

21 TO A COPY OF THOSE PHOTOS BEING USED IN PLACE OF THE=20

22 ORIGINALS.

23 THE COURT: ANY OBJECTION TO THAT, COUNSEL?

24 MR. DUSEK: NO.=20

25 THE COURT: SO ORDERED. WE’LL GET TO THEM. I’M=20

26 GOING TO LET YOU DO THAT.=20

27 LET’S GET SOME QUESTIONING OF THIS WITNESS. =20

28 AND MAYBE WHEN IT’S TIME TO TAKE A BREAK, THEN YOU=20

Page 264

1 CAN SINGLE THEM OUT. IF YOU HAVE SPECIFIC QUESTIONS=20

2 ABOUT THOSE PICTURES, I’M GOING TO LET YOU LOOK AT=20

3 THE PICTURES AND ASK YOU QUESTIONS. I’M NOT GOING=20

4 TO PRECLUDE YOU FROM DOING THAT. YOU MAY HAVE OR=20

5 YOU MAY NOT HAVE OTHER QUESTIONS. I DON’T KNOW. =20

6 I’D ASK THAT YOU ASK WHATEVER OTHER QUESTIONS YOU=20

7 MIGHT HAVE AND THEN WE’LL TAKE UP THE PICTURES AT=20

8 THE END. IF THAT’S OKAY.=20

9 MR. BOYCE: THANK YOU, YOUR HONOR.=20

10 BY MR. BOYCE:

11 Q IN YOUR EXPERIENCE, ALL PEOPLE, INCLUDING=20

12 CHILDREN, DEVELOP AT DIFFERENT RATES, DON’T THEY?

13 A YES, SIR.

14 Q YOU DON’T HAVE ANY TRAINING AS A=20

15 PEDIATRICIAN, DO YOU?

16 A NO, SIR.=20

17 Q YOU DON’T HAVE ANY MEDICAL TRAINING, DO=20

18 YOU?

19 A YES, I DO.=20

20 Q WHAT TYPE OF MEDICAL TRAINING DO YOU HAVE?

21 A PRIOR TO MY BEING HIRED AS A SAN DIEGO=20

22 POLICE OFFICER, I WAS A MOBILE INTENSIVE CARE=20

23 PARAMEDIC FOR THE COMPANY NAMED MEDIVAC, WHICH I=20

24 THINK IS DEFUNCT NOW.=20

25 BUT I WAS TRAINED IN — I ACTUALLY RECEIVED=20

26 MY PARAMEDIC TRAINING AT STANFORD UNIVERSITY=20

27 HOSPITAL IN 1979, AND THEN WORKED AS A PARAMEDIC IN=20

28 SANTA CLARA COUNTY AND IN SAN DIEGO COUNTY FOR=20

Page 265

1 SEVERAL YEARS.=20

2 PART OF THE TRAINING INCLUDED OBVIOUSLY=20

3 PEDIATRIC EMERGENCIES, DEALING WITH CHILDREN,=20

4 OBVIOUSLY DEALING WITH CHILDREN IDENTIFYING EITHER A=20

5 CHILD OR THAT SORT OF THING WAS IMPORTANT DUE TO THE=20

6 FACT THAT NUMEROUS DRUGS OR THE DOSAGES ARE=20

7 DIFFERENT FOR CHILDREN THAN FROM ADULTS AND THAT=20

8 SORT OF THING.

9 Q DO YOU HAVE ANY CLASSES — DID YOU TAKE ANY=20

10 CLASSES IN CHILD DEVELOPMENT?

11 A NO, SIR, I DID NOT.=20

12 Q SOME PEOPLE LOOK OLDER THAN OTHERS AT=20

13 DIFFERENT AGES, DON’T THEY?

14 A AND SOME LOOK YOUNGER, YES, SIR.

15 Q THAT’S CORRECT.=20

16 AND, IN EFFECT, PUBERTY IS A MOVING TARGET,=20

17 ISN’T IT?

18 A YES, SIR.

19 Q SO SOME PEOPLE, SOME PEOPLE HIT PUBERTY AT=20

20 A YOUNGER AGE THAN, SAY, SOME OTHERS?

21 A YES, SIR, THAT IS CORRECT.=20

22 Q FOR EXAMPLE, PUBIC HAIR IS NOT NECESSARILY=20

23 AN INDICATION OF AGE, IS IT?

24 A NO, SIR, IT IS NOT.=20

25 Q AND BREAST DEVELOPMENT IS NOT NECESSARILY=20

26 AN INDICATION OF AGE, IS IT?

27 A AGAIN, NO, SIR.=20

28 Q IN FACT, HIGHLY ATHLETIC JUVENILES AND=20

Page 266

1 ADULTS HAVE SMALLER BREASTS? THAT AFFECTS BREAST=20

2 DEVELOPMENT, DOESN’T IT?

3 A CORRECT.

4 MR. DUSEK: OBJECTION; NO FOUNDATION.

5 THE COURT: OVERRULED.

6 THE WITNESS: YES.

7 BY MR. BOYCE:

8 Q AND ATHLETIC TEENAGERS, YOUNG ADULTS, ALSO=20

9 HAVE LESS BODY FAT, DON’T THEY?

10 A YES, SIR.

11 Q THEY MAY APPEAR YOUNGER, DON’T THEY?

12 A THEY MAY, YES, SIR.

13 Q SO THE PRESENCE OR ABSENCE OF BREASTS OR=20

14 PUBIC HAIR DOESN’T NECESSARILY INDICATE A PERSON’S=20

15 AGE, DOES IT?

16 A THAT IS CORRECT.=20

17 Q AND YOU’VE HAD QUITE A BIT OF EXPERIENCE=20

18 WITH COMPUTERS, HAVEN’T YOU?

19 A YES, SIR.

20 Q AND SURFING ON THE INTERNET?

21 A YES.

22 Q AND SURFING PORN SITES, HAVEN’T YOU?

23 A UNFORTUNATELY, YES, SIR.=20

24 Q AND PEOPLE THAT ARE — THE PHOTOS THAT YOU=20

25 HAVE IN THAT BINDER ARE EASILY ACCESSIBLE ON THE=20

26 INTERNET, AREN’T THEY?

27 A YES, SIR.

28 Q PEOPLE IN THOSE PHOTOS ARE SELECTED=20

Page 267

1 OFTENTIMES BECAUSE THEY LOOK YOUNG, AREN’T THEY?

2 MR. DUSEK: OBJECTION; NO FOUNDATION.=20

3 THE COURT: OVERRULED.

4 BY MR. BOYCE:=20

5 Q BASED UPON YOUR TRAINING AND EXPERIENCE —

6 THE COURT: OVERRULED.

7 BY MR. BOYCE:

8 Q PEOPLE THAT ARE SHOWN ON THE INTERNET ARE=20

9 SOMETIMES SELECTED BECAUSE THEY LOOK YOUNGER THAN=20

10 THEY ARE?

11 A I DON’T KNOW WHY THEY’RE SELECTED.

12 Q WHENEVER YOU ENTER AN INTERNET SITE THAT=20

13 DISPLAYS PHOTOS OF NUDE PEOPLE THERE’S ALWAYS A=20

14 DISCLAIMER ON TOP OF THE COMPUTER, ISN’T THERE?

15 A NO, SIR, THERE ISN’T.

16 Q THERE’S OFTENTIMES A DISCLAIMER THAT SAYS=20

17 THE PEOPLE THAT ARE SHOWN IN THESE PHOTOS ARE OVER=20

18 18?

19 A MY EXPERIENCE BECAUSE AS PART OF OUR JOB,=20

20 WE COME ACROSS INTERNET SITES, WE FREQUENTLY ARE=20

21 VISITING INTERNET SITES, LIKE I SAID EARLIER, MORE=20

22 THAN WE LIKE TO THE PORN SITES, AND IT’S MY=20

23 EXPERIENCE THAT THE MAJORITY DON’T HAVE THE=20

24 DISCLAIMERS.

25 Q HAVE YOU SEEN THEM WITH THE DISCLAIMERS?

26 A I’VE SEEN A FEW WITH THE DISCLAIMERS.

27 Q AND THE ONES WITH THE DISCLAIMERS ARE JUST=20

28 AS ACCESSIBLE ON THE INTERNET AS THE ONES WITHOUT=20

Page 268

1 THE DISCLAIMERS?

2 A THERE’S A LOT MORE WITHOUT THE DISCLAIMER,=20

3 SIR.

4 Q BUT THEY’RE EQUALLY ACCESSIBLE?

5 A I’M SORRY. YES, SIR, YOU’RE RIGHT.=20

6 Q THE PHOTOS THAT YOU’VE REFERRED TO THAT=20

7 HAVE BEEN MARKED AS EXHIBITS, YOU DON’T KNOW WHO=20

8 DOWNLOADED THOSE PHOTOS ONTO EITHER THE ZIP DRIVES=20

9 OR CD ROMS, DO YOU?

10 A NO, SIR, I DON’T.=20

11 Q YOU DON’T KNOW WHETHER IT’S=20

12 MR. WESTERFIELD’S 18-YEAR-OLD SON OR SOMEONE THAT=20

13 WAS A GUEST IN THE HOUSE OR WAS STAYING WITH=20

14 MR. WESTERFIELD AT ANY TIME, DO YOU?

15 A I WASN’T PRESENT AT THE TIME, NO, SIR.=20

16 Q THE PHOTOGRAPHS — YOU FOUND THREE CD ROMS=20

17 AND THREE ZIP DRIVES; IS THAT CORRECT?

18 A THAT IS CORRECT, YES, SIR.

19 Q YOU PICKED UP THOSE AND TOOK THEM INTO=20

20 EVIDENCE, DIDN’T YOU?

21 A WE TURN THOSE OVER TO THE SAN DIEGO POLICE=20

22 DETECTIVES AT THE SCENE.=20

23 Q DID YOU ASK THAT THEY BE FINGERPRINTED?

24 A NO, SIR, I DID NOT.=20

25 Q YOU DON’T KNOW — TO YOUR KNOWLEDGE, WERE=20

26 THEY FINGERPRINTED?

27 A I DON’T KNOW.

28 Q IN OTHER WORDS, EXAMINED FOR LATENT PRINTS?

Page 269

1 A RIGHT. I DON’T KNOW WHAT THAT IS. I DON’T=20

2 KNOW IF THEY WERE OR NOT.

3 MR. BOYCE: MAY I APPROACH THE WITNESS, YOUR=20

4 HONOR?

5 THE COURT: OF COURSE.=20

6 WE’RE GOING TO LOOK AT THE PICTURES OF THE=20

7 FRIEND?

8 MR. BOYCE: YES.=20

9 THE COURT: OFF THE RECORD. LET’S NOT ASK=20

10 QUESTIONS UNTIL WE GET ON THE RECORD, PLEASE.=20

11 (RECESS.)

12 MR. BOYCE: BACK ON THE RECORD, YOUR HONOR?

13 THE COURT: BACK ON THE RECORD.=20

14 PLEASE PUT THOSE — ARE YOU GOING TO ASK=20

15 QUESTIONS ABOUT THE PICTURES THAT ARE FACE UP OR —

16 MR. BOYCE: I’M JUST ASKING ABOUT THE EXHIBITS,=20

17 YOUR HONOR.

18 THE COURT: OKAY. GO AHEAD.

19 BY MR. BOYCE:

20 Q ARE YOU FAMILIAR WITH MORPHING?

21 A YES, SIR, I AM.

22 Q WHAT IS MORPHING?

23 A MORPHING IS A DIGITALLY ALTERING OR BY=20

24 USING A COMPUTER PROGRAM TO ALTER THE APPEARANCE OF=20

25 A PROGRAM. WE TYPICALLY SEE SOMEBODY WILL TAKE THE=20

26 HEAD OFF OF ONE PERSON AND THEN PUT IT OVER THE=20

27 PICTURE OF A HEAD OF ANOTHER PERSON.=20

28 Q IN OTHER WORDS, YOU CAN TAKE A HEAD, SAY,=20

Page 270

1 OF A WHAT APPEARS TO BE A VERY YOUNG PERSON AND PUT=20

2 IT ON THE BODY OF SOMEBODY THAT APPEARS OLDER?

3 A THAT IS POSSIBLE.=20

4 Q AND HOW DO YOU TELL WHETHER SOMETHING HAS=20

5 BEEN MORPHED OR NOT?=20

6 A YOU CAN SEE THE OUTLINES OF WHERE THE CUT=20

7 IS. WE SEE IT QUITE FREQUENTLY. AND THOSE PICTURES=20

8 FOR THE PURPOSE OF THIS SORT OF THING, WE JUST=20

9 BYPASS BECAUSE FOR THAT VERY REASON THAT YOU BRING=20

10 UP. USUALLY, WE’LL SEE AN OUTLINE. THERE WILL BE=20

11 DIFFERENCES IN TONE, IN GRAIN, AND YOU’LL JUST SEE=20

12 THAT IT JUST DOESN’T BELONG.=20

13 Q YOU SAY “USUALLY.” SOMETIMES YOU DON’T,=20

14 THOUGH?

15 A I HAVE YET TO SEE OR HAVE POINTED OUT TO ME=20

16 A PICTURE THAT WE HAVE IDENTIFIED AS QUESTIONABLE IN=20

17 NATURE TO BE ONE THAT WAS MORPHED.

18 Q WELL, IF YOU DIDN’T SEE THE OUTLINE, YOU=20

19 WOULDN’T KNOW IT, THOUGH, WOULD YOU?

20 A WHAT I’M SAYING IS I HAVEN’T SEEN A=20

21 SITUATION WHERE I HAVE BEEN TOLD YOU ARE WRONG, THIS=20

22 PICTURE WAS MORPHED.

23 Q HAVE YOU IN EVERY PHOTOGRAPH YOU’VE LOOKED=20

24 ON BEEN ABLE TO DETERMINE WHETHER OR NOT THE=20

25 PHOTOGRAPH WAS MORPHED OR NOT?

26 A THE PICTURES THAT APPEAR TO BE ALTERED, THE=20

27 PICTURES THAT APPEAR TO BE THERE’S A QUESTION AND=20

28 WE’VE HAD SOME THAT WE’VE LOOKED AT, THERE IS A=20

Page 271

1 BELIEF THAT THEY MAYBE — WHERE THE TONE IS=20

2 DIFFERENT WHERE IT COULD JUST BE A SHADOW, OR IT=20

3 COULD BE SOMETHING WITH A LIGHTING OR ANY NUMBER OF=20

4 THINGS, WE’LL USUALLY GIVE TO THE BENEFIT OF THE=20

5 DEFENDANT AND MOVE THAT AND SAY MAYBE THIS HAS BEEN=20

6 ALTERED.

7 Q YOU’RE TALKING ABOUT CASES IN WHICH=20

8 PHOTOGRAPHS HAVE BEEN USED AS EVIDENCE; IS THAT=20

9 CORRECT?

10 A NO, SIR. WHAT WE DO, OUR JOB IS TO GET THE=20

11 IMAGINES OFF THE COMPUTER AND THEN TURN THOSE OVER=20

12 TO THE CASE AGENTS OR TO THE PROSECUTION, WHATEVER,=20

13 AND LET THEM DO WHAT THEY SAY THEY ARE. OUR JOB IS=20

14 TO —

15 THE REPORTER: WAIT A MINUTE. “OUR JOB IS TO”=20

16 WHAT?

17 THE WITNESS: GET IMAGES THAT ARE QUESTIONABLE.

18 BY MR. BOYCE:

19 Q WELL, TO DETERMINE WHETHER A PHOTOGRAPH HAS=20

20 BEEN MORPHED OR NOT, YOU’D HAVE TO DEFINITIVELY SAY=20

21 WHETHER IT’S BEEN MORPHED OR NOT, YOU’D HAVE TO GO=20

22 BACK TO WHO TOOK THE PHOTOGRAPHS AND HAD IT PUT=20

23 TOGETHER, DON’T YOU?

24 A NOT ALL THE TIME.

25 Q NOT ALL THE TIME. YOU HAVE TO IN SOME=20

26 PHOTOGRAPHS; CORRECT?

27 A IF IT APPEARS TO BE ALTERED, THEN WE WILL=20

28 GIVE THEM THE BENEFIT AND SAY IT PROBABLY ISN’T A=20

Page 272

1 QUESTIONABLE IMAGE AND WE’LL EITHER PUT IT IN A=20

2 SEPARATE CATEGORY, THAT WAY THE CASE AGENT KNOWS=20

3 THIS ISN’T SOMETHING WE CAN GO INTO COURT AND SAY=20

4 THIS IS, YOU KNOW, A QUESTIONABLE IMAGE.=20

5 Q SO LET ME SEE IF I UNDERSTAND YOU. YOU’RE=20

6 SAYING THAT IF YOU VIEW AN IMAGE ON THE COMPUTER;=20

7 CORRECT?

8 A YES.

9 Q TO TELL SOME OF THOSE PHOTOS ARE — HAVE=20

10 BEEN MORPHED; IS THAT CORRECT?

11 A I’VE SEEN SOME THAT HAVE BEEN ALTERED, YES,=20

12 SIR.

13 Q AND TO DETERMINE WHETHER OR NOT THEY HAVE=20

14 BEEN ALTERED, DEPENDS ON THE TECHNOLOGY USED. IF=20

15 POOR TECHNOLOGY IS USED, THEN IT’S MORE OBVIOUS THAT=20

16 THE PHOTO HAS BEEN MORPHED. IF BETTER TECHNOLOGY IS=20

17 USED, THEN IT’S LESS APPARENT.=20

18 IS THAT CORRECT?

19 A YES, SIR.=20

20 Q IN THIS CASE, IN THE PHOTOS THAT YOU’VE=20

21 MARKED INTO EVIDENCE, DO YOU KNOW WHO TOOK THOSE=20

22 PHOTOS?

23 A NO, SIR, I DID NOT.=20

24 Q YOU DIDN’T GO BACK AND RESEARCH THE SITES=20

25 FROM WHICH THOSE PHOTOS WERE TAKEN FROM, DID YOU?

26 A THE SITES, I CAN ONLY RECALL ONE SAVED=20

27 BANNER THAT HAD A SITE ON IT AND IT WAS AN=20

28 ADVERTISING BANNER. BUT THE REST OF THE PHOTOS, AS=20

Page 273

1 I RECALL, I DIDN’T SEE TOO MANY SITES.

2 Q YOU WEREN’T ABLE TO GO BACK AND CONTACT THE=20

3 PEOPLE OR IMAGES OF APPARENT PEOPLE IN THOSE=20

4 PHOTOGRAPHS AND DETERMINE WHETHER OR NOT THEY=20

5 WERE — HOW OLD THEY WERE?

6 A NO, SIR, I DID NOT CONTACT ANYBODY.

7 Q AND THOSE PHOTOGRAPHS APPEAR TO BE VARYING=20

8 AGES, DON’T THEY?

9 A YES, SIR, THEY DO. =20

10 Q YOU DESCRIBED AT LEAST FOUR COMPUTERS THAT=20

11 YOU SEIZED FROM MR. WESTERFIELD’S HOUSE; IS THAT=20

12 CORRECT? NOT SEIZED, BUT YOU EXAMINED IN=20

13 MR. WESTERFIELD’S HOUSE.

14 A YES, SIR.

15 Q THERE WERE THREE PERSONAL COMPUTERS AND ONE=20

16 LAPTOP?

17 A YES, SIR.

18 Q YOU ALSO EXAMINED A PALM PILOT?

19 A YES, SIR.

20 Q WHEN YOU DOWNLOADED THE PALM PILOT, WHEN=20

21 YOU COPIED THE PALM PILOT, DO YOU COPY ALL THE=20

22 INFORMATION THAT’S ON THAT PALM PILOT?

23 A YES, SIR, WE DID.

24 Q YOU’VE ALREADY DONE THAT; IS THAT CORRECT?

25 A YES, SIR, IT HAS.=20

26 Q AND THOSE COMPUTERS WERE LOCATED IN VARIOUS=20

27 PLACES WITHIN THE HOUSE?

28 A YES, SIR, THAT IS CORRECT.=20

Page 274

1 Q THERE WERE AT LEAST TWO BEDROOMS IN THAT=20

2 HOUSE WHERE DIFFERENT PEOPLE WERE SLEEPING; IS THAT=20

3 CORRECT?

4 A I DON’T KNOW.=20

5 Q DID YOU NOTICE HOW MANY BEDROOMS WERE=20

6 UPSTAIRS?

7 A I BELIEVE THERE WERE THREE OR FOUR=20

8 BEDROOMS. WE PRIMARILY TRIED STAYING OUT OF=20

9 HOMICIDE’S WAY AND STAYED IN THE ONE OFFICE.=20

10 Q ANY OF THE IMAGES THAT YOU’VE MARKED AS AN=20

11 EXHIBIT IN THIS CASE, ALL OF THOSE IMAGES WERE TAKEN=20

12 FROM THE ZIP DRIVES AND THE CD ROMS THAT YOU SEIZED;=20

13 IS THAT CORRECT?

14 A IF I COULD REFER TO THE GRAPH AT THE FRONT=20

15 OR THE INDEX AT THE FRONT, SOME OF THE IMAGES WERE=20

16 TAKEN FROM THE HARD DRIVE, THE ZIP DISKS, AND THE=20

17 CD’S.=20

18 Q I WANT TO TALK ABOUT THE IMAGES THAT WERE=20

19 TAKEN FROM THE HARD DRIVE. WERE THEY TAKEN FROM –=20

20 DO YOU KNOW THE DIFFERENCE BETWEEN ALLOCATED AND=20

21 UNALLOCATED SPACE?

22 A YES, SIR.

23 Q WHAT’S THE DIFFERENCE?

24 A ALLOCATED SPACE IS AREAS THAT HAVE BEEN=20

25 RESERVED FOR WHAT’S CALLED ACTIVE FILES. SUCH AS IF=20

26 YOU WERE TO TURN ON YOUR COMPUTER AND YOU WERE TO=20

27 LOOK IN THE WINDOWS EXPLORER, YOU WOULD SEE A BUNCH=20

28 OF FILES THERE. ALL THOSE FILES ARE ACTIVE FILES. =20

Page 275

1 IF YOU WERE TO DELETE ONE OF THEM, AND SENT IT OFF=20

2 TO, YOU KNOW, KIND OF COMPUTER NEVERLAND, SO TO=20

3 SPEAK, THAT AREA WHERE THE FILE WAS ONCE ACTIVE,=20

4 IT’S NOW UNACTIVE OR UNALLOCATED, AND THAT SPACE IS=20

5 NOW AVAILABLE FOR A NEW FILE TO BE WRITTEN OVER. =20

6 HOWEVER, THAT FILE STILL REMAINS ON THE COMPUTER=20

7 UNTIL IT’S OVERWRITTEN BY A NEW FILE.

8 Q IN OTHER WORDS, IF SOMEONE ATTEMPTS TO=20

9 DELETE INFORMATION FROM THE COMPUTER, IT’S NOT=20

10 ACTUALLY DELETED, IT JUST GOES TO UNALLOCATED SPACE;=20

11 IS THAT CORRECT?

12 A THAT IS CORRECT.=20

13 Q AND UNLESS YOU GO INTO THE UNALLOCATED=20

14 SPACE, IS THERE A WAY TO DELETE IT FROM THE=20

15 UNALLOCATED SPACE?

16 A THERE’S NUMEROUS PROGRAMS THAT YOU CAN=20

17 DELETE THEM WITH. YES.=20

18 Q SO EVERYTHING THAT IS DELETED FROM THE=20

19 ALLOCATED SPACE OF THE COMPUTER ENDS UP IN THE=20

20 UNALLOCATED SPACE; IS THAT CORRECT?

21 A THAT IS CORRECT, YES, SIR.

22 Q THE IMAGES THAT WERE ON THE HARD DRIVES OF=20

23 THESE COMPUTERS, WERE THEY IN THE ALLOCATED OR=20

24 UNALLOCATED SPACE?

25 A THEY APPEAR TO HAVE BEEN IN I BELIEVE THE=20

26 ALLOCATED SPACE.

27 Q CAN YOU DETERMINE WHETHER ANY OF THEM WERE=20

28 IN THE UNALLOCATED SPACE?

Page 276

1 A IT APPEARS THERE WAS ONE FILE THAT WAS –=20

2 ACTUALLY STILL ALLOCATED, WAS IN THE RECYCLE BIN,=20

3 BUT THAT’S KIND OF THE STEP BEFORE IT GOES TO THE=20

4 UNALLOCATED SPACE. AND BY LOOKING AT THE FILE, BY=20

5 EXAMINING THE FILES, IT APPEARS THAT NONE OF THE=20

6 FILES FROM THE HARD DRIVE WERE IN THE UNALLOCATED=20

7 SPACE, IT APPEARS THEY WERE ALL ACTIVE FILES.=20

8 Q NOW, ON THE ZIP DRIVE THAT YOU EXAMINED,=20

9 CAN YOU ERASE ZIP DRIVES?

10 A YES, SIR.

11 Q YOU CAN WRITE OVER THEM; IS THAT CORRECT?

12 A YES, SIR.

13 Q CAN YOU TELL WHETHER OR NOT A ZIP DRIVE HAS=20

14 BEEN ERASED AND WRITTEN OVER?

15 A NO. IF IT HAS BEEN TOTALLY ERASED, THEN=20

16 YOU’RE NOT GOING TO HAVE ANYTHING THERE. IF YOU’VE=20

17 GOT FILES THAT HAVE BEEN DELETED, THEN YOU’RE GOING=20

18 TO HAVE SOME FILES THAT WERE THERE. YOU’LL HAVE=20

19 REMNANTS OF THAT, AND YOU’LL KNOW YOU HAVE OTHER=20

20 ACTUAL REMNANTS OF THOSE IN THE UNALLOCATED SPACE.

21 Q COULD YOU TELL FROM THE ZIP DRIVE WHETHER=20

22 ANY OF THE IMAGES THAT YOU DOWNLOADED FROM THOSE ZIP=20

23 DRIVES WERE FROM THE ALLOCATED OR UNALLOCATED SPACE=20

24 IN THE ZIP DRIVES?

25 A THE MAJORITY OF THE FILES WERE ACTIVE OR=20

26 FROM ALLOCATED, AS YOU CALL IT. THERE WERE SOME=20

27 THAT WERE RECENTLY DELETED, BUT IT HADN’T GOTTEN TO=20

28 THE POINT — THEY’RE STILL FILE NAMES.=20

Page 277

1 IF I MAY, WHEN YOU DELETE A FILE, YOU’VE=20

2 GOT THREE KIND OF LOCATIONS WITH REFERENCES OF THAT=20

3 FILE ARE. YOU HAVE THE DIRECTORY LISTING WHICH=20

4 GIVES YOU THE FILE NAME, THE DATE IT WAS CREATED,=20

5 THAT SORT OF THING. YOU HAVE THE FILE ALLOCATION=20

6 TABLE WHICH IS LIKE AN INDEXING SYSTEM. IT TELLS=20

7 THE COMPUTER WHERE ON THE DISK THE FILE IS. =20

8 SOMETIMES IF A FILE IS LARGE ENOUGH, IT MAY BE IN=20

9 ABOUT FOUR OR FIVE DIFFERENT PARTS OF THE DISK. THE=20

10 FILE LOCATION TABLE IS AN INDEX, IT KIND OF SAYS=20

11 WHERE ALL THE PARTS ARE.=20

12 AND LASTLY, YOU HAVE THE PHYSICAL LOCATION=20

13 WHERE THAT IMAGE IS. WHEN YOU DELETE A FILE, THE=20

14 FILE NAME UNDER THE DIRECTORY WHICH JUST LISTS ALL=20

15 THE FILE NAMES, THE FIRST CHARACTER OF THAT IS=20

16 CHANGED TO A SYMBOL CALLED THE SIGMA. THAT TELLS=20

17 THE COMPUTER THAT IT’S BEEN DELETED. AND THE=20

18 INDEXING OR FILE ALLOCATION TABLE IS WHAT IS ZEROED=20

19 OUT OR ZEROES ARE ENTERED IN. THE ORIGINAL FILE IS=20

20 MAINTAINED, THE FILE ITSELF ON THE PHYSICAL LOCATION=20

21 OF THE DISK IS UNCHANGED, AND IT’S STILL THERE.=20

22 FREQUENTLY, WE’LL BE ABLE TO RECOVER=20

23 BECAUSE A FILE NAME STILL EXISTS OR MOST OF IT=20

24 EXISTS, IT’S ABLE TO BE RECONSTRUCTED. SO ON THE=20

25 ZIP DISKETTE THERE ARE SEVERAL FILES THAT ALTHOUGH=20

26 THEY WERE DELETED, WE WERE ABLE TO RECOVER THE FILE=20

27 NAME AND SO FORTH.=20

28 IF IT GOES TO UNALLOCATED SPACE AND IT’S=20

Page 278

1 BEEN THERE LONG ENOUGH OR THE DIRECTORY LISTING OR=20

2 THE NAME OF THE FILE HAS BEEN OVERWRITTEN, THEN WE=20

3 DON’T HAVE THE NAME OF THE FILE AND WE HAVE TO USE=20

4 UTILITIES TO GO AND PARSE OUT THOSE FILES.

5 THE REPORTER: “TO GO AND” WHAT?

6 THE WITNESS: PARSE, P-A-R-S-E.

7 BY MR. BOYCE:=20

8 Q ANY OF THE IMAGES IN EXHIBIT 4, ARE THOSE=20

9 — DID YOU HAVE TO RECONSTRUCT THOSE FROM THE ZIP=20

10 DRIVE?

11 A NO.=20

12 Q WHAT ABOUT FROM EXHIBIT 5?

13 A ALL OF THE FILES THAT ARE IN, THAT I=20

14 EXTRACTED WERE ALL — NONE OF THEM WE USE ANY OF THE=20

15 PARSING OR CARVING UTILITIES, AS THEY SAY.=20

16 Q I’M SORRY?

17 A NONE OF THEM WERE ACTUALLY PARSED OUT OR=20

18 HAD TO USE UTILITIES TO RECONSTRUCT THEM.=20

19 Q WHAT DO YOU MEAN BY THAT?

20 A PROGRAM BUILDERS WILL LOOK FOR — EVERY=20

21 FILE AT THE PHYSICAL FILE HAS WHAT’S CALLED HEADER=20

22 WHICH SAYS WHAT TYPE OF FILE IT IS. THERE’S .JPG. =20

23 THERE’S .JFIF. THE COMPUTER LOOKS FOR THIS AND SAYS=20

24 THIS IS THE FIRST PART OF A .JPG FILE.=20

25 AT THE END OF THE FILE OR FOOTER, THERE’S=20

26 ANOTHER PIECE OF CODE THAT IT GOES DOWN LOOKS FOR=20

27 THE END. THE PROGRAM LOOKS TO SEE IF THE TWO ARE=20

28 CONTIGUOUS AND PULLS OUT OR PARSES THAT OUT, AS AN=20

Page 279

1 IMAGE. WE GET THE IMAGE BUT WE DON’T GET ANY FILE=20

2 NAMES.=20

3 Q WHAT IS A .JPG?

4 A .JPG IS A DIGITAL PHOTOGRAPH.=20

5 Q AS OPPOSED TO AN .MPG?

6 A WHICH WOULD BE A DIGITAL MOVIE.=20

7 Q AND WHAT DOES — OR .MPG, IT’S MPD OR MPG?

8 A YES, SIR, THAT IS CORRECT.=20

9 Q WHAT’S A BAD SIGNATURE?

10 A A BAD SIGNATURE IS IF WE HAVE ONE OF THE=20

11 FORENSIC TOOLS WE USE WILL GO THROUGH AND IT WILL=20

12 LOOK THROUGH THE FILES AND IT WILL LOOK TO SEE IF –=20

13 LET ME BACK UP A LITTLE BIT.=20

14 WHEN YOU LOOK — WE’LL USE THE .JPG WHICH=20

15 IS A DIGITAL PHOTOGRAPH. IF I WERE TO TAKE THE FILE=20

16 NAME WE’LL SAY PICTURE .JPG OR .JPEG, AND I WANTED=20

17 TO TRY AND HIDE THE PHOTOGRAPH OR DO SOMETHING, I’D=20

18 CHANGED THE EXTENSION TO DOC, WHICH IS A WORD=20

19 DOCUMENT, AND YOU MIGHT THINK THAT IT IS A WORD=20

20 DOCUMENT OR SOME OTHER EXTENSION LIKE DLL, OR=20

21 SOMETHING THAT WOULD MAKE SOMEONE THINK IT’S A=20

22 SYSTEM FILE NOT A PICTURE.=20

23 WE HAVE A UTILITY THAT WILL GO THROUGH ALL=20

24 THE FILES ON THE COMPUTER AND IT WILL SAY WHETHER=20

25 THE FILE SIGNATURE OR IF THE FILE EXTENSION AND THE=20

26 HEADER I TALKED ABOUT LIKE IN THE .JPG CASE, THAT=20

27 .JFIF, IF THEY MATCH. IF THEY DON’T MATCH, IT SAYS=20

28 THE SIGNATURE IS BAD, WHICH MEANS THE TWO DON’T=20

Page 280

1 MATCH AND THE FILE’S RENAMED.=20

2 Q IN YOUR EXAMINATION OF THE COMPUTERS THAT=20

3 WERE FOUND IN MR. WESTERFIELD’S HOME, YOU DIDN’T=20

4 FIND ANY BAD SIGNATURES, DID YOU?

5 A NO, SIR.=20

6 Q AND YOU AND THE PEOPLE WORKING FOR YOU WERE=20

7 LOOKING FOR BAD SIGNATURES, WEREN’T YOU?

8 A IT’S A ROUTINE CHECK THAT WE RUN ON THE=20

9 FILES, YES, SIR.

10 Q AND A BAD SIGNATURE IS SOMEONE ATTEMPTING=20

11 TO HIDE A FILE?

12 A THAT WOULD BE CORRECT.

13 Q YOU HAD SEVERAL PEOPLE ASSISTING YOU IN=20

14 EXAMINING THE COMPUTERS; IS THAT CORRECT?

15 A YES, SIR, THAT IS CORRECT.=20

16 Q AND YOU HAD ONE OFFICER BY THE NAME OF=20

17 OFFICER ARMSTRONG ASSISTING YOU; IS THAT CORRECT?

18 A NO, SIR, THAT IS NOT CORRECT.=20

19 Q DO YOU KNOW WHO OFFICER ARMSTRONG IS?

20 A I KNOW A DETECTIVE ARMSTRONG.

21 Q A DETECTIVE ARMSTRONG?

22 A YES, SIR.

23 Q WAS HE ASSISTING YOU?

24 A NO, SIR, HE WAS NOT.=20

25 Q DID HE TELL YOU THAT HE EXAMINED OVER=20

26 64,000 .JPG OR STILLS ON MR. WESTERFIELD’S=20

27 COMPUTERS?

28 A HE DID COME TO THE LABORATORY AND HE DID=20

Page 281

1 EXAMINE THE IMAGES ON MY COMPUTER, YES, SIR.

2 Q HE ALSO EXAMINED 22- — OVER 2,200 VIDEO=20

3 FILES FROM THE COMPUTERS; IS THAT CORRECT?

4 A I KNOW THAT HE EXAMINED SOME, YES, SIR.=20

5 Q SO THAT’S APPROXIMATELY 67-, 68,000=20

6 SEPARATE FILES; IS THAT CORRECT?

7 A THAT IS CORRECT.

8 Q FROM THE COMPUTERS THAT WERE IN=20

9 MR. WESTERFIELD’S HOME?

10 A THAT IS CORRECT.=20

11 Q AND HE FOUND NO FILES DEPICTING CHILD=20

12 PORNOGRAPHY. WAS THAT HIS CONCLUSION?

13 MR. DUSEK: OBJECTION; HEARSAY, NO FOUNDATION AS=20

14 TO WHAT CHILD PORNOGRAPHY IS.

15 THE COURT: YOU MIGHT WANT — I’M GOING TO=20

16 OVERRULE THE HEARSAY OBJECTION.=20

17 BUT YOU MIGHT WANT TO CHANGE THE=20

18 PHRASEOLOGY WITH RESPECT TO CHILD PORNOGRAPHY.

19 BY MR. BOYCE:=20

20 Q MR. ARMSTRONG TOLD YOU THAT HE FOUND NO=20

21 IMAGES DEPICTING CHILDREN ENGAGED IN SEXUAL ACTS?

22 A HE FOUND THAT HE DIDN’T BELIEVE THEY WERE=20

23 PREPUBESCENT PHOTOS OR DIGITAL IMAGES, WHICH=20

24 APPARENTLY IS WHAT HE GOES BY. HE SPENT ABOUT AN=20

25 HOUR-AND-A-HALF LOOKING THROUGH THE PHOTOS.=20

26 Q HOW DO YOU KNOW HOW LONG HE SPENT?

27 A I WAS IN THE OFFICE WITH HIM.=20

28 Q BUT DIDN’T YOU SAY THAT YOU DIDN’T WORK=20

Page 282

1 WITH HIM?

2 A HE REQUESTED TO COME IN AND LOOK AT THE=20

3 IMAGES. HE SAID HE HAD BEEN REQUESTED TO LOOK AT IT=20

4 BY LIEUTENANT COLLINS. SO WE ALLOWED HIM TO EXAMINE=20

5 THE COMPUTER.=20

6 Q THIS WAS ALL 67-, 68,000 IMAGES FROM THESE=20

7 COMPUTERS; IS THAT RIGHT?

8 A THAT IS CORRECT.

9 Q AND SO YOU DISAGREE WITH MR. ARMSTRONG’S=20

10 CONCLUSIONS; IS THAT RIGHT?

11 A NOT AT ALL.

12 MR. DUSEK: OBJECTION; ASSUMES FACTS NOT IN=20

13 EVIDENCE.

14 THE COURT: SUSTAINED.=20

15 COUNSEL, I’VE LET YOU HAVE SOME LATITUDE. =20

16 THIS IS GOING PAST WHERE YOU SHOULD BE GOING. AT=20

17 LEAST IN MY OPINION.=20

18 GO AHEAD.=20

19 MR. BOYCE: THANK YOU, YOUR HONOR.

20 BY MR. BOYCE:

21 Q FROM THE FILES THAT YOU DOWNLOADED AND THE=20

22 IMAGES THAT ARE MARKED AS EXHIBITS 4 AND 5, DO YOU=20

23 KNOW WHEN THOSE FILES WERE OPEN WHICH CONTAIN THOSE=20

24 IMAGES?

25 A WE DO HAVE THE LISTING OF THEM, YES, SIR.

26 Q AND DO WE HAVE A DOCUMENT WITH THE LISTING=20

27 OF WHEN THOSE FILES WERE OPEN?

28 A YES, SIR, WE DO.

Page 283

1 MR. BOYCE: I WOULD REQUEST THAT THAT BE MARKED=20

2 AS DEFENDANT’S NEXT IN ORDER, YOUR HONOR.=20

3 THE COURT: WELL, WE DON’T EVEN HAVE FIRST IN=20

4 ORDER; RIGHT?

5 MR. BOYCE: FIRST IN ORDER.=20

6 THE COURT: WE HAVE A REQUEST TO MARK THE=20

7 PICTURES OF THIS YOUNG WOMAN WHO, FROM WHAT I=20

8 GATHER, IS A DAUGHTER OF A FRIEND OF=20

9 MR. WESTERFIELD’S. I THINK THERE WERE SIX PICTURES. =20

10 THAT’S WHAT I REMEMBER.

11 MR. DUSEK: I THINK IT’S DISCOVERY PAGE 1454.

12 THE COURT: OKAY. SO THIS IS — WE’RE TALKING=20

13 ABOUT DISCOVERY PAGE 1464 –=20

14 MR. DUSEK: -54.

15 THE COURT: — -54, WHICH IS A DOCUMENT THAT=20

16 INDICATES WHEN THE FILES WERE OPENED. AM I CORRECT? =20

17 IS THAT WHAT YOU’RE REPRESENTING IT IS? SINCE I’VE=20

18 NEVER SEEN IT AND DON’T HAVE ANY IDEA WHAT IT LOOKS=20

19 LIKE, I NEED SOME HELP.=20

20 SHOW IT TO COUNSEL. IF HE DOESN’T HAVE ANY=20

21 OBJECTION, WE’LL MAKE IT DEFENDANT’S A. WE’LL MARK=20

22 IT DEFENDANT’S A.

23 MR. FELDMAN: CAN WE GET OUR XEROX COPY BACK?

24 THE COURT: WE’LL DO WHAT WE CAN, COUNSEL.

25 MR. BOYCE: WE’RE LOOKING FOR PAGE 1454, YOUR=20

26 HONOR.

27 THE COURT: I THINK THE WITNESS HAS IT.

28 MR. DUSEK: AND 1467.

Page 284

1 THE COURT: YOU KNOW, THIS IS A GOOD TIME TO=20

2 TAKE A BREAK. WHILE WE TAKE OUR MORNING BREAK, I=20

3 WOULD ASK COUNSEL TO WORK ON THESE EXHIBITS THAT THE=20

4 DEFENSE WISHES TO PUT INTO EVIDENCE. APPARENTLY,=20

5 THEY’RE DOCUMENTS FROM THE COMPUTER THAT INDICATES=20

6 WHEN THESE FILES WERE OPENED, AND THE PICTURES OF=20

7 THE YOUNG LADY WHO IS APPARENTLY THE DAUGHTER OF A=20

8 FRIEND OF MR. WESTERFIELD’S.=20

9 PLEASE WORK TOGETHER. IF WE CAN HELP YOU,=20

10 WE’LL GIVE YOU ACCESS TO A PHOTOCOPY MACHINE. BUT=20

11 IT MAY NOT BE IN THIS AREA. IT MAY BE DOWN WHERE MY=20

12 NORMAL DEPARTMENT IS.=20

13 PLEASE REMEMBER MY ADMONITION. WE WILL=20

14 RESUME AT 20 MINUTES TO 11:00.=20

15 (RECESS.)

16 THE COURT: HOPEFULLY EVERYBODY GOT THE=20

17 PHOTOCOPIES THEY NEEDED.=20

18 MR. FELDMAN: THANK YOU.=20

19 THE COURT: ALL RIGHT.

20 (DEFENDANT’S EXHIBITS A THROUGH D MARKED FOR=20

21 IDENTIFICATION.)=20

22 MR. BOYCE: YOUR HONOR, I HAVE HAD SEVERAL OF=20

23 THESE MARKED AS EXHIBITS.=20

24 THE COURT: OKAY. WOULD YOU LIKE TO TELL ME=20

25 WHAT THE EXHIBIT NUMBERS ARE?

26 MR. BOYCE: CERTAINLY.

27 THE COURT: OR LETTERS.=20

28 MR. BOYCE: EXHIBIT A APPEARS TO BE — WELL, IT=20

Page 285

1 IS EIGHT PAGES OF PHOTOGRAPHS DEPICTING A LADY AND A=20

2 GIRL AND PICTURES OF THE GIRL AT A SWIMMING POOL.=20

3 THE COURT: ALL RIGHT. I ASSUME THOSE ARE THE=20

4 PHOTOS OF MR. WESTERFIELD’S ALLEGED FRIEND AND=20

5 DAUGHTER; AM I CORRECT, THAT YOU TALKED ABOUT=20

6 BEFORE?

7 MR. BOYCE: THAT’S CORRECT, YOUR HONOR.

8 THE COURT: OKAY.=20

9 MR. BOYCE: DO YOU WANT ME TO GO OVER THE REST=20

10 OF THE EXHIBITS?

11 THE COURT: SOUNDS GOOD.

12 MR. BOYCE: EXHIBIT B IS TWO HANDWRITTEN PAGES=20

13 OF WHAT APPEARS TO BE COMPUTER FILES.=20

14 THE WITNESS: YES, SIR.

15 THE COURT: OKAY. “C”?

16 MR. BOYCE: EXHIBIT C IS FIVE PAGES OF TYPED AND=20

17 PRINTED INFORMATION REGARDING COMPUTER DIRECTORIES.=20

18 THE COURT: OKAY.=20

19 MR. BOYCE: AND EXHIBIT D IS TWO PAGES OF A ZIP=20

20 DRIVE DIRECTORY OR CD ROM DIRECTORY.

21 THE WITNESS: ACTUALLY, IT’S DIRECTORY LISTING=20

22 OF THE CD’S AND THE ZIPS.=20

23 THE COURT: CD’S AND WHAT, PLEASE?

24 THE WITNESS: ZIPS.

25 THE COURT: I GOT IT. ALL RIGHT. ANY MORE?

26 MR. BOYCE: THAT’S IT, YOUR HONOR.

27 THE COURT: ALL RIGHT. YOU’VE SHOWN THEM TO THE=20

28 D.A. THE D.A. DOESN’T HAVE ANY OBJECTION TO MARKING=20

Page 286

1 THEM “A,” “B,” “C,” AND “D”; CORRECT?

2 MR. DUSEK: CORRECT.

3 THE COURT: ALL RIGHT. LET’S MOVE ON.

4 BY MR. BOYCE:

5 Q REFERRING FIRST TO EXHIBIT A, ARE THESE THE=20

6 PHOTOS YOU WERE REFERRING TO THAT WERE OBTAINED FROM=20

7 MR. WESTERFIELD’S HOUSE FROM I BELIEVE THE ZIP=20

8 DRIVE?

9 A YES, SIR.=20

10 Q THESE ARE PHOTOGRAPHS DEPICTING IN THE=20

11 FIRST — THE FIRST PHOTOGRAPH APPEARS TO BE A YOUNG=20

12 LADY AND A GIRL FULLY CLOTHED?

13 A YES, SIR.

14 Q STANDING TOGETHER OR SITTING TOGETHER?

15 A YES, SIR.

16 Q THE NEXT PICTURE APPEARS TO BE A GIRL=20

17 SUNBATHING IN A LAWN CHAIR WITH A TOWEL OVER HER=20

18 FACE?

19 A YES, SIR.

20 Q SHE’S IN A BATHING SUIT; CORRECT?=20

21 A YES, SIR.

22 Q AND THERE APPEARS TO BE A CHAIR NEXT TO HER=20

23 WITH A TOWEL OVER THE CHAIR; IS THAT CORRECT?

24 A THAT IS CORRECT.

25 Q AS THOUGH SOMEBODY HAD JUST GOTTEN UP THAT=20

26 HAD BEEN SUNBATHING NEXT TO HER?

27 A THAT’S A POSSIBILITY.=20

28 Q YOU DON’T HAVE ANY IDEA WHO THAT PERSON WAS=20

Page 287

1 WHO WAS SUNBATHING NEXT TO HER, DO YOU?

2 A NO, SIR, I DO NOT.

3 Q IT COULD HAVE BEEN A GIRLFRIEND OR FRIEND=20

4 OF HERS?

5 A YES.

6 Q COULD HAVE BEEN HER MOTHER?

7 A YES.=20

8 Q THE THIRD PICTURE IS AGAIN WHAT APPEARS TO=20

9 BE A —

10 MR. DUSEK: BEST EVIDENCE. THE PHOTOS SPEAK FOR=20

11 THEMSELVES. THE COURT CAN LOOK.

12 THE COURT: COUNSEL?=20

13 I UNDERSTOOD THAT THESE WERE EIGHT PHOTOS=20

14 OF WHAT THIS OFFICER UNDERSTANDS TO BE=20

15 MR. WESTERFIELD’S FRIEND AND HER DAUGHTER. I CAN=20

16 LOOK AT THEM AND I DON’T THINK THE RECORD REALLY=20

17 NEEDS TO BE AS MINUTE AS IT’S BECOMING.

18 MR. BOYCE: THANK YOU, YOUR HONOR.=20

19 THE COURT: I’LL BE HAPPY TO LOOK AT THEM.

20 (PAUSE IN PROCEEDINGS WHILE THE COURT REVIEWS=20

21 EXHIBITS.)

22 THE COURT: I LOOKED AT THEM. THANK YOU.

23 IF YOU WANT TO ASK HIM ONE BROAD QUESTION=20

24 ABOUT THOSE PICTURES, YOU’RE CERTAINLY FREE TO DO=20

25 SO.

26 BY MR. BOYCE:

27 Q ALL OF THE PHOTOS IN EXHIBIT A APPEAR TO BE=20

28 PHOTOS OF THE SAME PEOPLE IN POSES AROUND THE POOL=20

Page 288

1 AND AROUND A JACUZZI; IS THAT CORRECT?

2 A YES, SIR.

3 Q THE IMAGES THAT WERE — ARE DEPICTED IN=20

4 EXHIBITS 4 AND 5, REFERRING TO EXHIBIT 4 FIRST, CAN=20

5 YOU TELL US WHEN THOSE FILES WERE CREATED ON EITHER=20

6 THE ZIP DRIVE OR THE HARD DRIVE OR THE CD ROM FROM=20

7 WHICH THEY WERE TAKEN?

8 A YES, SIR.=20

9 ON THE FIRST PAGE —

10 Q YOU’RE REFERRING TO EXHIBIT 4?

11 A ON EXHIBIT 4, THE FIRST PAGE, THE FILE NAME=20

12 UNDERSCORE EA7950.JPG WAS CREATED ON MAY 17TH, 1999=20

13 AT 12:56 P.M.=20

14 Q I’M NOT SO MUCH INTERESTED IN THE TIME AS=20

15 THE DATE.

16 A YES, SIR.=20

17 THE NEXT ONE WAS E — UNDERSCORE EA13186. =20

18 THAT WAS CREATED ON 4-22-99.

19 UNDERSCORE EA13392.JPG WAS CREATED ON 2-16=20

20 OF ’99.=20

21 ON E — UNDERSCORE EA15677.JPG THAT WAS=20

22 CREATED ON 5-17 OF ’99.

23 Q NOW, THAT WAS THE FIRST PAGE OF EXHIBIT 4;=20

24 IS THAT CORRECT?

25 A YES, SIR.

26 Q WHAT I’D LIKE YOU TO DO IS GO TO THE SECOND=20

27 PAGE AND SEE IF THERE’S ANY PHOTOGRAPHS ON THAT PAGE=20

28 THAT WERE CREATED ON A DIFFERENT DATE.

Page 289

1 A EA1 — UNDERSCORE EA22171.JPG WAS ON=20

2 APRIL 15TH, 1999. =20

3 Q WHY DON’T WE DO THIS: WHY DON’T YOU LOOK=20

4 AT — WHY DON’T WE DO THIS: WHY DON’T YOU LOOK AT=20

5 THE PICTURES AND SEE IF THERE’S ANY PHOTOGRAPHS OR=20

6 ANY IMAGES THAT WERE CREATED IN A YEAR OTHER THAN=20

7 1999.

8 THE COURT: GOOD QUESTION.=20

9 MR. BOYCE: OTHERWISE WE’RE GOING TO BE HERE FOR=20

10 A WHILE.

11 THE COURT: I WAS ABOUT TO SAY SOMETHING.

12 THE WITNESS: NO, SIR. NONE.

13 THE COURT: SO WHAT YOU’RE TELLING ME, BOTTOM=20

14 LINE, IS THE PICTURES, ANIMATIONS, CONTAINED IN 4=20

15 AND 5 OF THE PEOPLE’S EXHIBITS WERE ALL CREATED IN=20

16 1999. IS THAT WHAT YOU’RE TELLING ME?

17 THE WITNESS: THOSE ARE THE IMAGES ON NUMBER 4. =20

18 ON PEOPLE’S 4.

19 THE COURT: JUST NUMBER 4?

20 THE WITNESS: YES, SIR.

21 THE COURT: OKAY, I’M SORRY.=20

22 YOU WANT THE SAME QUESTION WITH RESPECT TO=20

23 5?

24 BY MR. BOYCE:

25 Q NUMBER 5, CAN YOU TELL US WHEN THESE IMAGES=20

26 WERE CREATED?

27 A ACTUALLY, IF YOU COULD, SIR, I’M SORRY. I=20

28 MISSPOKE. THAT WAS ACTUALLY JUST FOR A SET OF FIVE. =20

Page 290

1 IF YOU CAN LET ME LOOK AT MY —

2 Q EXHIBIT 4?

3 A CORRECT, EXHIBIT 4. THE PAGES DEPICTING —

4 THE COURT: SIR, JUST TELL US IF THERE ARE ANY=20

5 PICTURES THAT ARE IN EVIDENCE OR ANY ANIMATIONS THAT=20

6 ARE IN EVIDENCE THAT WERE CREATED IN A YEAR OTHER=20

7 THAN 1999.

8 THE WITNESS: YES, SIR.

9 BY MR. BOYCE:

10 Q IN EXHIBIT 4, ARE THERE ANY IMAGES THAT=20

11 WERE CREATED IN OTHER THAN 1999?

12 A THERE WERE TWO. YES, SIR, THERE WERE.=20

13 Q ARE THESE IMAGES THAT ARE CONTAINED IN=20

14 EXHIBIT 4?

15 MR. DUSEK: YOUR HONOR, WOULD IT BE POSSIBLE TO=20

16 PERHAPS RECESS THIS WITNESS, ALLOW HIM TO MAKE HIS=20

17 COMPUTATIONS, AND START WITH ANOTHER WITNESS?

18 THE COURT: COUNSEL, I DON’T KNOW WHAT THE OTHER=20

19 WITNESSES ARE, AND I CERTAINLY DON’T LIKE THE PACE,=20

20 BUT I CAN’T BLAME ANYONE FOR IT.=20

21 COUNSEL, HOW MANY MORE QUESTIONS DO YOU=20

22 HAVE OF THIS WITNESS?

23 MR. BOYCE: I HAVE PERHAPS TWO OTHER LINES OF=20

24 QUESTIONING THAT WON’T TAKE SO LONG.

25 THE COURT: OKAY. SIR, TAKE A LOOK AT THAT AND=20

26 TELL US WHICH OF THOSE PICTURES, IF ANY, ON=20

27 EXHIBIT 4 WERE CREATED IN A YEAR OTHER THAN 1999.

28 THE WITNESS: YES, SIR. ONE — OR IEA10548.

Page 291

1 THE COURT: WAS CREATED IN?

2 THE WITNESS: WAS CREATED 12-17 OF 2001.=20

3 THE COURT: ALL RIGHT. THANK YOU.=20

4 THE WITNESS: THEN ON THE SAME DATE, 12-17 OF=20

5 2001, WAS IEA11058.JPG.=20

6 AND THAT APPEARS TO BE IT, SIR.

7 THE COURT: THANK YOU. I HAVEN’T SEEN THEM. =20

8 PLEASE INDICATE TO ME WHICH ARE THE TWO PICTURES.

9 JUST INDICATE TO ME.

10 THE WITNESS: UNFORTUNATELY, I’M TRYING TO GO=20

11 THROUGH THE LIST.

12 THE COURT: TAKE YOUR TIME.=20

13 MR. BOYCE: WHAT I WOULD SUGGEST, IF WE COULD=20

14 HAVE THE WITNESS HIGHLIGHT.

15 THE COURT: HOLD ON. THIS IS NOT YOUR EXHIBIT. =20

16 SO I’M NOT ABOUT TO HIGHLIGHT WITHOUT THE D.A.=20

17 SAYING — I THINK I CAN DESCRIBE IT FOR THE RECORD.

18 MR. DUSEK: I BELIEVE IT WAS PAGE 1 OF 8.

19 THE WITNESS: THANK YOU, SIR.=20

20 THE COURT: REFERRING — LET ME SEE THE WHOLE=20

21 PAGE. REFERRING TO PAGE 1 OF 8, IT’S THE BOTTOM=20

22 LEFT PICTURE.=20

23 NEXT?

24 MR. DUSEK: 3 OF 8.

25 THE WITNESS: IT’S ALSO THE BOTTOM LEFT PICTURE=20

26 OF 4.=20

27 THE COURT: THANK YOU.=20

28 ALL RIGHT. GO AHEAD, COUNSEL.

Page 292

1 YOUR NEXT QUESTION, AS I UNDERSTAND IT, IS=20

2 WHEN WERE THE ANIMATIONS DONE; CORRECT?

3 MR. BOYCE: CORRECT, YOUR HONOR.

4 THE COURT: CAN YOU TELL ME WHEN THE ANIMATIONS=20

5 WERE DONE, SIR?

6 THE WITNESS: YES, SIR.

7 THE COURT: WERE THEY ALL DONE AT THE SAME TIME?

8 THE WITNESS: I BELIEVE THEY WERE. YES, SIR.

9 THE COURT: WHAT WAS IT?

10 THE WITNESS: IT WAS — THE FIRST SERIES WAS=20

11 1-14-99 AND THE SECOND SERIES WAS ALSO 1-14-99.

12 THE COURT: THANK YOU.

13 NEXT QUESTION, COUNSEL.=20

14 MR. BOYCE: THANK YOU, YOUR HONOR.

15 BY MR. BOYCE:

16 Q THESE IMAGES WERE DOWNLOADED FROM SITES ON=20

17 THE INTERNET; IS THAT CORRECT?

18 A I COULDN’T TELL YOU HOW THEY GOT ON THE=20

19 COMPUTER, SIR.=20

20 Q BUT YOU HAVE BEEN TO SITES ON THE INTERNET=20

21 WHICH HAVE IMAGES SIMILAR TO THESE; IS THAT CORRECT?

22 A YES, SIR, THAT IS CORRECT.=20

23 Q APPROXIMATELY HOW MANY SITES EXIST ON THE=20

24 INTERNET THAT HAVE THESE IMAGES?

25 MR. DUSEK: OBJECTION; IRRELEVANT.

26 THE COURT: SUSTAINED.=20

27 MR. BOYCE: COULD I HAVE JUST A MOMENT, YOUR=20

28 HONOR?=20

Page 293

1 THE COURT: YES.

2 BY MR. BOYCE:

3 Q DO YOU KNOW WHERE THE PHOTOGRAPHS THAT WERE=20

4 CONTAINED IN DEFENDANT’S EXHIBIT A, THE PHOTOGRAPHS=20

5 OF DANIELLE, THE DAUGHTER OF MR. WESTERFIELD’S=20

6 GIRLFRIEND, WERE DOWNLOADED FROM?

7 MR. DUSEK: OBJECTION; IRRELEVANT.=20

8 THE COURT: OVERRULED.=20

9 THE WITNESS: NO, SIR, I DO NOT.

10 BY MR. BOYCE:

11 Q THERE’S NOTHING ILLEGAL ABOUT TAKING=20

12 PICTURES OF YOUR DAUGHTER’S GIRLFRIEND, IS THERE? =20

13 GIRLFRIEND’S DAUGHTER.

14 MR. DUSEK: CALLS FOR A LEGAL CONCLUSION.

15 THE COURT: OVERRULED.=20

16 THE WITNESS: NO.

17 THE COURT: NEXT QUESTION.

18 THE REPORTER: I DIDN’T HEAR AN ANSWER.

19 THE COURT: THE ANSWER WAS NO.

20 MR. BOYCE: I HAVE NOTHING FURTHER.

21 THE COURT: DO YOU HAVE ANY OTHER QUESTIONS?

22 MR. DUSEK: NO.=20

23 THE COURT: THANK YOU.=20

24 WOULD YOU TAKE THOSE EXHIBITS THAT BELONG=20

25 TO THE DISTRICT ATTORNEY, PLEASE GIVE THEM BACK TO=20

26 HIM, AND THOSE EXHIBITS THAT BELONG TO THE DEFENSE,=20

27 GIVE THEM BACK TO THE DEFENSE.

28 THE WITNESS: YES, SIR.

Page 294

1 MR. FELDMAN: SUBJECT TO RECALL, YOUR HONOR.

2 THE COURT: SUBJECT TO RECALL. REMEMBER MY=20

3 ADMONITION ABOUT NOT DISCUSSING THIS CASE WITH=20

4 ANYONE ELSE AND ALSO NOT VIEWING ANY MEDIA REPORTS=20

5 OR LISTENING TO ANY MEDIA REPORTS OF THIS CASE UNTIL=20

6 AFTER THIS PRELIMINARY HEARING IS OVER.

7 NEXT WITNESS.

8 MR. CLARKE: YES, YOUR HONOR. JAMES=20

9 HERGENROEATHER.

10 THE COURT: THANK YOU.

11 MR. BOYCE, THIS GENTLEMAN HAS YOUR=20

12 EXHIBITS. I ASKED HIM TO GIVE YOUR EXHIBITS BACK TO=20

13 YOU AND THE D.A.’S EXHIBITS BACK TO HIM.

14 MR. BOYCE: THANK YOU.

15 THE COURT: ALL RIGHT.

16 GOOD MORNING. =20

17 =20

18 JAMES FRANCIS HERGENROEATHER,

19 PEOPLE’S WITNESS, HAVING BEEN FIRST DULY SWORN,=20

20 TESTIFIED AS FOLLOWS:

21 =20

22 THE COURT: PLEASE TAKE THE STAND, SIR.

23 PLEASE TELL US YOUR NAME.

24 THE WITNESS: JAMES FRANCIS HERGENROEATHER,=20

25 H-E-R-G-E-N-R-O-E-A-T-H-E-R.

26 THE COURT: THANK YOU.

27 MR. CLARKE: THANK YOU, YOUR HONOR.

28 /////

Page 295

1 DIRECT EXAMINATION

2 BY MR. CLARKE:=20

3 Q BY WHOM ARE YOU EMPLOYED?

4 A CITY OF SAN DIEGO POLICE DEPARTMENT.

5 THE COURT: LET THE RECORD REFLECT MR. CLARKE IS=20

6 NOW CONDUCTING THE QUESTIONING.

7 BY MR. CLARKE:=20

8 Q HOW LONG — FIRST OF ALL, ARE YOU A POLICE=20

9 OFFICER WITH THE CITY OF SAN DIEGO?

10 A YES, I AM.=20

11 Q HOW LONG HAVE YOU BEEN A PEACE OFFICER?

12 A TWENTY-TWO YEARS.

13 Q IN PARTICULAR, DO YOU HAVE AN ASSIGNMENT TO=20

14 A SPECIFIC DIVISION?

15 A YES. I WORK FOR SERGEANT WILLIAM HOLMES AS=20

16 A HOMICIDE DETECTIVE AND I HAVE FOR THE LAST FIVE=20

17 YEARS.=20

18 Q I’D LIKE TO TAKE YOUR ATTENTION, IF I=20

19 COULD, DETECTIVE HERGENROEATHER, BACK TO THE EARLY=20

20 PART OF FEBRUARY OF THIS YEAR, 2002, AND ASK IF YOU=20

21 WERE ASSIGNED IN ANY MANNER TO ASSIST IN THE=20

22 DISAPPEARANCE OF DANIELLE VAN DAM?

23 A YES, I WAS.=20

24 Q AND DID YOU A PLAY CERTAIN ROLE IN THAT=20

25 INVESTIGATION?

26 A YES, I DID.=20

27 Q IN PARTICULAR, DID YOU HAVE OCCASION TO=20

28 INTERVIEW AS PART OF THAT INVESTIGATION A WOMAN=20

Page 296

1 NAMED JULIE MILLS?

2 A YES, I DID.=20

3 Q WHO IS JULIE MILLS?

4 A SHE IS A CLERK THAT WORKS AT THE TWIN=20

5 PEAK’S CLEANERS.=20

6 Q IS THAT A PARTICULAR ESTABLISHMENT THAT=20

7 CLEANS CLOTHES?

8 A YES.=20

9 MR. FELDMAN: YOUR HONOR, I NOTE THE WITNESS=20

10 APPEARS TO BE READING FROM SOMETHING.=20

11 THIS TIME I’M DOING THIS WITNESS. YOU’RE=20

12 NOT GETTING DOUBLED UP.

13 THE COURT: I UNDERSTAND.

14 MR. FELDMAN: MY QUESTION WOULD BE THE COURT=20

15 DIRECT THE WITNESS TO TURN IT OVER.

16 THE COURT: SIR, IF YOU BROUGHT YOUR POLICE=20

17 REPORT OR OTHER REPORTS WITH YOU, FLIP THEM OVER. =20

18 IF YOU NEED TO REFER TO THEM, LET US KNOW AND WE’LL=20

19 TAKE THE APPROPRIATE STEPS. OKAY?

20 THE WITNESS: YES, SIR.

21 THE COURT: ALL RIGHT. GO AHEAD.

22 MR. CLARKE: THANK YOU, YOUR HONOR.

23 BY MR. CLARKE:=20

24 Q DETECTIVE HERGENROEATHER, THE TWIN PEAK’S=20

25 CLEANERS, WHERE IS IT LOCATED?

26 A IT’S ON POWAY ROAD.

27 Q IN PARTICULAR, THE INTERVIEW, FIRST OF ALL,=20

28 DID YOU MEAN INTERVIEW JULIE MILLS?

Page 297

1 A YES, I DID.

2 Q WHEN DID THAT HAPPEN?

3 A MARCH 8, 2002.=20

4 Q LAST WEEK?

5 A YES.=20

6 Q WHAT IS JULIE MILLS’S POSITION, IF ANY, AT=20

7 TWIN PEAK’S CLEANERS?

8 A SHE’S THE COUNTER PERSON FOR THE CLEANERS.

9 Q DID YOU HAVE OCCASION IN YOUR INTERVIEW OF=20

10 HER TO ASK HER QUESTIONS ABOUT THE DEFENDANT IN THIS=20

11 CASE, DAVID WESTERFIELD?

12 A YES, I DID.

13 Q WHAT DID THAT CONVERSATION CENTER AROUND,=20

14 IF YOU COULD GIVE US JUST THE QUICK GIST OF THE=20

15 CONVERSATION?

16 A SHE TOLD ME ON FEBRUARY 4TH, BETWEEN THE=20

17 HOURS OF 7:00 AND 8:30, MR. WESTERFIELD PULLED UP IN=20

18 HIS MOTORHOME, WALKED INSIDE, WEARING A T-SHIRT AND=20

19 VERY SHORT SHORTS.

20 HE PRESENTED HER WITH FIVE ITEMS: TWO=20

21 COMFORTER COVERS AND TWO COMFORTERS ALONG WITH A=20

22 JACKET.=20

23 Q DID SHE INDICATE TO YOU WHAT REASON HE WAS=20

24 GIVING THOSE ARTICLES OF CLOTHING AND WHAT SOUNDS=20

25 LIKE BEDDING TO THE CLEANERS?

26 A NO.=20

27 Q DID SHE DESCRIBE TO YOU ANYTHING UNUSUAL=20

28 ABOUT MR. WESTERFIELD THAT MORNING?

Page 298

1 A YES.=20

2 Q WHAT WAS THAT?

3 A SHE SAYS THAT SHE HAS KNOWN MR. WESTERFIELD=20

4 FOR SEVERAL YEARS AND ON THIS OCCASION HE SEEMED=20

5 UPSET. SHE ALSO SAID IT WAS PRETTY COLD OUTSIDE. =20

6 SHE REMEMBERED THAT MORNING. AND THAT SHE COMMENTED=20

7 ABOUT HIS DRESS. AND THERE WAS NO RESPONSE, WHERE=20

8 MR. WESTERFIELD WOULD USUALLY ENGAGE HER IN SOME=20

9 TYPE OF CONVERSATION.=20

10 Q I WAS JUST ABOUT TO ASK THAT. DID SHE=20

11 INDICATE TO YOU SHE’D HAD PREVIOUS CONVERSATIONS OR=20

12 TALKED WITH THE DEFENDANT, MR. WESTERFIELD?

13 A ON NUMEROUS OCCASIONS.=20

14 Q DID SHE DESCRIBE TO YOU HOW ON THOSE=20

15 PREVIOUS OCCASIONS HE WOULD ACT TOWARDS HER?

16 A YES. AND IT WOULD BE ON A LIGHT UPBEAT=20

17 SIDE. I THINK, IN FACT — WELL, SHE TOLD ME THAT=20

18 SHE HAD — HE HAD ASKED HER OUT AT ONE OCCASION.=20

19 Q BUT ON THIS OCCASION, SHE DESCRIBED TO YOU=20

20 HE WAS NOT TALKATIVE AT ALL?

21 A YES.=20

22 THE COURT: WAS THAT 2-4 — ON 2-4, WAS THAT IN=20

23 THE MORNING? YOU SAID 7:00 TO 8:30. I ASSUME IT=20

24 WAS A.M.

25 THE WITNESS: YES, SIR.

26 BY MR. CLARKE:=20

27 Q I’D LIKE TO NOW TURN YOUR ATTENTION, IF I=20

28 COULD, DETECTIVE HERGENROEATHER, TO DETECTIVE TERRY=20

Page 299

1 TORGERSEN.=20

2 FIRST OF ALL, ARE YOU FAMILIAR WITH HIM?

3 A YES, I AM.=20

4 Q DO YOU KNOW HOW HIS LAST NAME IS SPELLED?

5 A I COULD LOOK AT THESE NOTES AND THEY WOULD=20

6 TELL ME.

7 Q DO YOU KNOW HOW HIS LAST NAME IS SPELLED?

8 THE COURT: WE HAVE AN ARRANGEMENT FOR THAT=20

9 ANYWAY.=20

10 MR. CLARKE: I UNDERSTAND, YOUR HONOR.

11 BY MR. CLARKE:

12 Q IF YOU COULD, DETECTIVE HERGENROEATHER,=20

13 COULD YOU TELL US WHEN IF AT ALL YOU HAD A=20

14 CONVERSATION WITH DETECTIVE TORGERSEN ABOUT TWIN=20

15 PEAK’S CLEANERS?

16 A WHEN THE WARRANT WAS BEING WRITTEN, AND=20

17 ALSO ON MARCH 7TH AND 8TH.=20

18 Q IF I COULD TAKE YOUR ATTENTION OR DIRECT=20

19 YOUR ATTENTION TO MARCH 7TH AND 8TH. YOU HAD A=20

20 CONVERSATION WITH DETECTIVE TORGERSEN AT THAT TIME?

21 A YES, I DID.=20

22 Q IN PARTICULAR, DID THAT CONVERSATION DEAL=20

23 WITH ANY ACTIONS HE TOOK TOWARDS OBTAINING ITEMS=20

24 FROM THE TWIN PEAK’S CLEANERS?

25 A YES.=20

26 Q WHAT DID HE TELL YOU?

27 A HE TOLD ME THAT HE HAD GONE THERE ON=20

28 FEBRUARY 6TH AND TALKED TO JULIE REGARDING CLOTHING. =20

Page 300

1 HE RETURNED ON THE 7TH WITH A WARRANT. THE WARRANT=20

2 WAS EXECUTED APPROXIMATELY 1540 HOURS. WHERE HE=20

3 THEN SPOKE WITH ANOTHER PERSON BY THE NAME OF MOLLY=20

4 BATONE, I BELIEVE. I’M NOT SURE. I’D HAVE TO REFER=20

5 TO MY NOTES.

6 Q WOULD REFERRING TO YOUR NOTES REFRESH YOUR=20

7 RECOLLECTION ABOUT THE INDIVIDUAL’S NAME THAT=20

8 DETECTIVE TORGERSEN TOLD YOU HE HAD CONTACT WITH?

9 A YES.=20

10 Q ALL RIGHT. COULD YOU DO THAT, PLEASE, AT=20

11 THIS POINT.

12 THE COURT: SINCE YOU’RE LOOKING AT YOUR NOTES,=20

13 YOU MIGHT AS WELL TELL US HOW TO SPELL TORGERSEN=20

14 WHILE YOU’RE AT IT.

15 THE WITNESS: TORGERSEN, T-O-R-G-E-R-S-E-N.=20

16 I’M SORRY. THE LADY’S NAME IS KELLEY=20

17 BELOM, WAS THE PERSON WHO I SPOKE WITH.

18 THE COURT: BELOM. SPELL THAT.

19 THE WITNESS: B-E-L-O-M, AS IN MARY.

20 BY MR. CLARKE:=20

21 Q I BELIEVE YOU WERE IN THE PROCESS OF=20

22 DESCRIBING WHAT DETECTIVE TORGERSEN TOLD YOU ABOUT=20

23 HIS SERVICE OF A SEARCH WARRANT ON FEBRUARY 7TH.=20

24 IS THAT CORRECT?

25 A CORRECT. =20

26 Q WHAT DID DETECTIVE TORGERSEN TELL YOU HE=20

27 DID AT THAT TIME?

28 A HE TOLD ME THAT HE SERVED A SEARCH WARRANT=20

Page 301

1 AT THE TWIN PEAK’S CLEANERS SPECIFICALLY TO KELLEY=20

2 BELOM. THERE HE RECEIVED SEVERAL ARTICLES THAT WERE=20

3 REQUESTED FROM THE SEARCH WARRANT.=20

4 Q NOW, WITH REGARD TO THOSE ARTICLES, WHAT=20

5 DID DETECTIVE TORGERSEN DESCRIBE TO YOU THAT HE=20

6 OBTAINED IN THE SERVICE OF THE SEARCH WARRANT FROM=20

7 TWIN PEAK’S CLEANERS?

8 A A GREEN ZIP-UP JACKET, A COMFORTER COVER=20

9 AND A COMFORTER, ANOTHER COMFORTER COVER AND A=20

10 COMFORTER, A BLACK PAIR OF PANTS, A BLACK SHIRT, AND=20

11 A BLACK SWEATER.=20

12 Q DID HE ALSO DESCRIBE TO YOU OBTAINING=20

13 ANYTHING IN ADDITION TO THE ACTUAL CLOTHING AS PART=20

14 OF THE SERVICE OF THE WARRANT AT THE CLEANERS?

15 A THE RECEIPTS.=20

16 Q FOR EACH OF THE DESCRIBED ITEMS?

17 A YES.=20

18 Q WITH REGARD TO THE CLEANERS, DO YOU –=20

19 FIRST OF ALL, DO YOU HAVE AN INDEPENDENT=20

20 RECOLLECTION OF THE ACTUAL FULL ADDRESS OF THE=20

21 CLEANERS ESTABLISHMENT?

22 A NO, SIR. I’M SORRY, I DON’T.=20

23 Q WOULD IT REFRESH YOUR RECOLLECTION TO REFER=20

24 TO ANY DOCUMENTS THAT YOU HAVE BEFORE YOU?

25 A YES, SIR.

26 Q ALL RIGHT. WOULD YOU PLEASE DO THAT.

27 MR. FELDMAN: YOUR HONOR, FOR THE RECORD, WOULD=20

28 THE WITNESS PLEASE ARTICULATE WHAT PRECISELY HE’S=20

Page 302

1 REFERRING TO?

2 THE COURT: YES.

3 YOU’RE REFERRING TO WHAT, SIR?

4 THE WITNESS: THIS WOULD BE TERRY TORGERSEN’S=20

5 INTERVIEW OF KELLEY BELOM. AND THE ADDRESS IS 14891=20

6 POMERADO ROAD WITH THE PHONE OF —

7 MR. FELDMAN: EXCUSE ME. I JUST — MY REQUEST=20

8 ONLY WENT TO THE WITNESS’S ARTICULATING WHAT IT WAS=20

9 HE REFERRING —

10 THE COURT: I KNOW. BUT HE ASKED FOR THE=20

11 ADDRESS AND HE GAVE IT TO US IN ONE. SO THAT’S JUST=20

12 FINE.

13 MR. CLARKE: THANK YOU, YOUR HONOR.

14 BY MR. CLARKE:=20

15 Q IS THAT THE LOCATION THAT=20

16 DETECTIVE TORGERSEN OBTAINED THESE VARIOUS ARTICLES=20

17 PURSUANT TO THE SEARCH WARRANT?

18 A YES.=20

19 Q DID HE DESCRIBE TO YOU WHAT HE DID WITH=20

20 THOSE ARTICLES, INCLUDING THE JACKET, AFTER HE=20

21 OBTAINED THEM FROM THE CLEANERS?

22 A YES.=20

23 Q WHAT WAS THAT?

24 A HE BROUGHT THEM BACK TO THE SAN DIEGO=20

25 POLICE DEPARTMENT, WHERE HE THEN TRANSFERRED THEM TO=20

26 EVIDENCE SPECIALIST KAREN LEALCALA WHO IS THE=20

27 EVIDENCE SPECIALIST WHO’S ASSIGNED TO HOMICIDE=20

28 TEAM 4.=20

Page 303

1 MR. CLARKE: THANK YOU, YOUR HONOR. I HAVE NO=20

2 FURTHER QUESTIONS.

3 =20

4 CROSS-EXAMINATION

5 BY MR. FELDMAN:

6 Q SIR, IN YOUR COMMUNICATION WITH MISS MILLS,=20

7 WERE YOU ASKING HER THE QUESTIONS OR WAS SHE=20

8 VOLUNTEERING INFORMATION?

9 A BOTH.=20

10 Q CAN YOU TELL US DID YOU TAPE-RECORD THE=20

11 COMMUNICATION?

12 A NO, SIR, I DIDN’T.=20

13 Q WITH REGARD TO WHAT YOU GOT UP THERE, IN=20

14 TERMS OF YOUR NOTES, SIR, DID YOU REVIEW ANYTHING=20

15 PRIOR TO COMING TO COURT FOR THE PURPOSE OF=20

16 REFRESHING YOUR RECOLLECTION?

17 A JUST THESE PAPERS THAT I HAVE HERE,=20

18 COUNSEL.=20

19 Q OKAY. YOU JUST SAID “JUST THESE PAPERS.” =20

20 AND I BELIEVE YOU TOUCHED SOMETHING. I JUST CAN’T=20

21 SEE IT.=20

22 A YEAH. RIGHT HERE.=20

23 THE COURT: ONE WE KNOW HE HAS DETECTIVE=20

24 TORGERSEN’S REPORT; RIGHT? DATED WHAT?

25 THE WITNESS: 2-6-02, YOUR HONOR, ON ONE PAGE. =20

26 2-7 ON ANOTHER. 2-7 ON ANOTHER. 2-7 ON ANOTHER. =20

27 2-8 ON ANOTHER. THAT WILL BE IT.

28 /////

Page 304

1 BY MR. FELDMAN:

2 Q BEFORE YOU CAME TO COURT, SIR, DID YOU=20

3 DISCUSS WITH ANYBODY THE SUBJECT MATTER OF YOUR=20

4 TESTIMONY?

5 A YES.=20

6 Q WITH WHOM DID YOU DISCUSS THE SUBJECT=20

7 MATTER OF YOUR TESTIMONY?

8 A DEPUTY D.A. WOODY CLARKE.

9 Q WHEN DID YOU DISCUSS — WHEN DID YOU HAVE=20

10 THAT CONVERSATION?

11 A PROBABLY ABOUT 8:20.=20

12 Q THIS MORNING?

13 A YES, SIR.

14 Q PRIOR TO THIS MORNING, HAVE YOU DISCUSSED=20

15 THE SUBJECT MATTER OF YOUR TESTIMONY WITH ANYBODY=20

16 ELSE?

17 A NO.=20

18 Q SO YOU’VE NOT SPOKEN TO ANY MEMBERS OF ANY=20

19 LAW ENFORCEMENT AGENCY CONCERNING ANY ASPECT OF WHAT=20

20 YOU TESTIFIED TO THIS MORNING, SIR?

21 A MAYBE MY SERGEANT, WILLIAM HOLMES, WHEN HE=20

22 ASKED ME WHAT I WAS GOING TO BE TESTIFYING TO.=20

23 Q DID YOU ALSO TALK PERHAPS WITH=20

24 MR. TORGERSEN CONCERNING ANYTHING HE HAD DONE, OR=20

25 SHE? I’M SORRY.

26 A JUST NOT TODAY. JUST ON THE DATES THAT I=20

27 SPECIFIED.=20

28 Q MY QUESTION IS VERY BROAD. I’M ASKING YOU=20

Page 305

1 TO TELL US, IF YOU CAN, ANYONE WITHIN THE LAW=20

2 ENFORCEMENT COMMUNITY WITH WHOM YOU’VE HAD ANY=20

3 DISCUSSIONS CONCERNING ANY ASPECT OF WHAT YOU’VE=20

4 TESTIFIED TO THIS MORNING?

5 A NO.=20

6 Q SO THE ONLY PEOPLE YOU’VE TALKED TO, THEN,=20

7 ARE TORGERSEN AND SERGEANT HOLMES, AND MR. CLARKE=20

8 THIS MORNING; CORRECT?

9 A AND THE TWO PEOPLE, KELLEY AND JULIE. =20

10 THAT’S ABOUT IT. YES.=20

11 Q YOU HAD, THEN, NO ACTIVE PARTICIPATION IN=20

12 THE SEARCH OR RESCUE ATTEMPTS TO RECOVER DANIELLE

13 VAN DAM?

14 MR. CLARKE: OBJECTION. I THINK THAT’S BEYOND=20

15 THE SCOPE, YOUR HONOR.

16 THE COURT: IT’S BEYOND THE SCOPE, COUNSEL. =20

17 THE GENTLEMAN CAME IN AND TALKED ABOUT THE CLEANING=20

18 OPERATION. THAT’S ALL.=20

19 MR. FELDMAN: IT PROBES THE ISSUE OF WHO HE’S=20

20 SPOKEN TO, YOUR HONOR.

21 THE COURT: HE’S ALREADY TOLD YOU. SUSTAINED.

22 BY MR. FELDMAN:=20

23 Q YOU AND I HAVE MET BEFORE, HAVE WE NOT,=20

24 SIR? =20

25 A YES, SIR.

26 Q IN ANOTHER CASE?

27 A UH-HUH.

28 MR. FELDMAN: NO FURTHER QUESTIONS AT THIS TIME.=20

Page 306

1 THE COURT: OKAY.

2 ANYTHING FURTHER?

3 MR. CLARKE: NO. THANK YOU, YOUR HONOR.

4 THE COURT: YOU’RE EXCUSED. SUBJECT TO RECALL.=20

5 BUT I’M GOING TO TELL YOU SUBJECT TO=20

6 RECALL, THIS ISN’T RESTARTING THIS WHOLE THING OVER=20

7 AGAIN.

8 MR. FELDMAN: I TOTALLY UNDERSTAND. EVIDENTIARY=20

9 ISSUES THAT MAY COME UP.

10 THE COURT: I UNDERSTAND. AS LONG AS WE=20

11 UNDERSTAND EACH OTHER, WE’RE OKAY.

12 NEXT WITNESS.=20

13 MR. CLARKE: YES, YOUR HONOR. KAREN LEALCALA.

14 THE COURT: OKAY.

15 =20

16 KAREN LEALCALA,

17 PEOPLE’S WITNESS, HAVING BEEN FIRST DULY SWORN,=20

18 TESTIFIED AS FOLLOWS:

19 =20

20 THE COURT: GOOD MORNING. PLEASE TAKE THE=20

21 STAND.=20

22 PLEASE TELL US YOUR NAME AND SPELL YOUR=20

23 LAST.

24 THE WITNESS: MY NAME IS KAREN LEALCALA, L-E=20

25 CAPITAL A-L-C-A-L-A.

26 THE COURT: THANK YOU.

27 MR. CLARKE: THANK YOU, YOUR HONOR.

28 /////

Page 307

1 DIRECT EXAMINATION

2 BY MR. CLARKE:=20

3 Q MISS LEALCALA, WHO ARE YOU EMPLOYED BY?

4 A SAN DIEGO POLICE DEPARTMENT.

5 Q HOW LONG HAVE YOU BEEN AN EMPLOYEE OF THE=20

6 SAN DIEGO POLICE DEPARTMENT?

7 A I STARTED MY INTERNSHIP THERE IN SEPTEMBER=20

8 OF 1999 AND I WAS HIRED IN JUNE OF 2000, SO I’VE=20

9 BEEN THERE A TOTAL OF TWO YEARS AND EIGHT MONTHS.

10 Q WHAT IS YOUR ASSIGNMENT AT THE POLICE=20

11 DEPARTMENT?

12 A I’M A FORENSIC SPECIALIST.

13 Q CAN YOU TELL US A LITTLE BIT ABOUT WHAT=20

14 THAT IS.

15 A FORENSIC SPECIALISTS GO TO CRIME SCENES AND=20

16 AUTOPSIES. WE TAKE THE PHOTOGRAPHS AND COLLECT=20

17 EVIDENCE. AND BOTH AT THE LABORATORY AND AT CRIME=20

18 SCENES, WE PROCESS EVIDENCE.=20

19 Q IN PARTICULAR, COULD YOU DESCRIBE FOR THE=20

20 COURT, PLEASE, YOUR EDUCATION, TRAINING, AND=20

21 EXPERIENCE THAT LED TO YOUR CURRENT POSITION AS A=20

22 FORENSIC SPECIALIST.

23 A YES. I WENT TO GROSSMONT COLLEGE AND I=20

24 GRADUATED IN 1999. AND MY MAJOR WAS EVIDENCE=20

25 TECHNOLOGY.=20

26 Q WHAT IS EVIDENCE TECHNOLOGY?

27 A WELL, WE LEARN ABOUT HOW TO PROCESS=20

28 EVIDENCE FOR FINGERPRINTS AND HOW TO COLLECT=20

Page 308

1 EVIDENCE AT CRIME SCENES AS WELL AS PHOTOGRAPH.=20

2 Q FOLLOWING YOUR GRADUATION FROM GROSSMONT=20

3 COLLEGE, DID YOU RECEIVE FURTHER TRAINING AND=20

4 EXPERIENCE IN THE AREA OF THE COLLECTION OF=20

5 PROCESSING OF PHYSICAL EVIDENCE?

6 A DURING MY INTERNSHIP WITH THE SAN DIEGO=20

7 POLICE DEPARTMENT, YES.

8 Q COULD YOU TELL US A LITTLE BIT ABOUT THAT,=20

9 PLEASE.

10 A WELL, I SPENT LOTS OF TIME TRAINING GOING=20

11 TO DIFFERENT CRIME SCENES WITH OTHER FORENSIC=20

12 SPECIALISTS PRIOR TO BEING OUT ON MY OWN AS A=20

13 FORENSIC SPECIALIST.

14 Q DID THAT TRAINING AND EXPERIENCE INCLUDE=20

15 THE VARIOUS METHODS AND TECHNIQUES AVAILABLE TO=20

16 COLLECT PHYSICAL EVIDENCE AND THEN PROCESS THAT=20

17 PHYSICAL EVIDENCE FOR LATER ANALYSIS?

18 A YES.=20

19 Q IN PARTICULAR, IN THE CASE INVOLVING THE=20

20 DISAPPEARANCE OF DANIELLE VAN DAM, WERE YOU ASSIGNED=20

21 ANY PARTICULAR DUTIES?=20

22 A YES.=20

23 Q COULD YOU DESCRIBE THOSE — I’M SORRY.=20

24 COULD YOU DESCRIBE THOSE TO US IN SORT OF A BROAD=20

25 SENSE.=20

26 A SURE. WELL, WHEN I WENT TO THE SCENES THAT=20

27 WE DID, I DID START BY TAKING PHOTOGRAPHS AND I=20

28 COLLECTED THE EVIDENCE AT THOSE SCENES.=20

Page 309

1 Q IN PARTICULAR, DID YOU HAVE OCCASION TO=20

2 RECEIVE A PARTICULAR ITEM OF CLOTHING FROM A=20

3 DETECTIVE TERRY TORGERSEN?

4 A YES.

5 Q WHAT WAS THAT CLOTHING?

6 A THE CLOTHING I RECEIVED FROM=20

7 DETECTIVE TORGERSEN WAS CLOTHING HE PICKED UP AT A=20

8 LAUNDROMAT.

9 MR. FELDMAN: OBJECTION. THAT’S CONCLUSION=20

10 WITHOUT FOUNDATION AND WOULD CONSTITUTE MULTIPLE=20

11 HEARSAY.=20

12 THE COURT: I’M GOING TO STRIKE THE ANSWER AND=20

13 ASK YOU TO ASK THE QUESTION AGAIN. AND WE’LL GET=20

14 THE ANSWER AND SEE WHERE WE ARE.

15 MR. FELDMAN: THANK YOU, YOUR HONOR.

16 BY MR. CLARKE:=20

17 Q IN PARTICULAR, IN THE INVESTIGATION OF THE=20

18 DISAPPEARANCE OF DANIELLE VAN DAM, DID YOU HAVE=20

19 OCCASION TO RECEIVE AN ARTICLE OF CLOTHING FROM=20

20 DETECTIVE TERRY TORGERSEN?

21 A YES.

22 Q WHEN DID THAT HAPPEN?

23 A IF I LOOKED AT MY NOTES I COULD TELL YOU=20

24 THE DATE.=20

25 Q WOULD IT ASSIST YOU IN RECALLING THE EXACT=20

26 DATE OF WHEN THAT ITEM WAS RECEIVED BY YOU FROM=20

27 DETECTIVE TORGERSEN BY REFERRING TO YOUR NOTES?

28 A YES.

Page 310

1 Q DO YOU HAVE NOTES PRESENT THAT WOULD ASSIST=20

2 YOU IN REFRESHING THAT RECOLLECTION?

3 A YES, I DO.=20

4 Q ALL RIGHT. WOULD YOU GO AHEAD AND DO THAT.

5 THE COURT: AND THEN WHEN YOU DO IT, TELL US=20

6 EXACTLY WHAT YOU USE TO REFRESH YOUR RECOLLECTION=20

7 AND WHAT NOTES YOU’RE LOOKING AT.=20

8 THE WITNESS: THE NOTES I’M USING WOULD BE THE=20

9 EVIDENCE LIST.

10 BY MR. CLARKE:=20

11 Q IS THAT AN EVIDENCE LIST THAT WAS CREATED=20

12 BY YOU?

13 A YES.

14 MR. FELDMAN: I’M SORRY, YOUR HONOR, EXCUSE ME. =20

15 THERE’S SO MANY EVIDENCE LISTS, IT’S DIFFICULT TO=20

16 TELL WHICH DOCUMENT THE WITNESS IS REFERRING TO.

17 THE COURT: OKAY. WE’LL TAKE CARE OF IT.=20

18 DOES IT HAVE A DATE? DOES IT HAVE A DATE?

19 THE WITNESS: THE EVIDENCE LIST?

20 THE COURT: YES.=20

21 THE WITNESS: IT HAS — YES.=20

22 THE COURT: WHAT IS THAT DATE?

23 THE WITNESS: IT SHOWS A DATE OF INCIDENT AND=20

24 THE HEADING AS FEBRUARY THE 1ST.=20

25 MR. FELDMAN: I’M SORRY, YOUR HONOR, THAT’S NOT=20

26 POSSIBLE.=20

27 THE COURT: I KNEW THAT.=20

28 THE WITNESS: THE CREATED DATE OF THE EVIDENCE=20

Page 311

1 WAS FEBRUARY THE 19TH.

2 BY MR. CLARKE:=20

3 Q HAVE YOU HAD AN OPPORTUNITY TO LOOK AT THAT=20

4 REPORT FOR PURPOSES OF REFRESHING YOUR RECOLLECTION?

5 A YES.

6 Q WHAT WAS THE DATE YOU RECEIVED THE ARTICLE=20

7 OF CLOTHING FROM DETECTIVE TORGERSEN?

8 A FEBRUARY 7TH.=20

9 Q WHAT TIME OF THE DAY?

10 A IT WOULD HAVE BEEN AT APPROXIMATELY 1632=20

11 HOURS.

12 Q COULD YOU DESCRIBE THAT ARTICLE OF=20

13 CLOTHING?

14 A WELL, IT WAS IN A BAG FROM THE DRY=20

15 CLEANERS. AND THERE WAS ACTUALLY FOUR ITEMS OF=20

16 CLOTHING, I DIDN’T ACTUALLY INVENTORY THEM.

17 Q WAS THERE A JACKET INCLUDED AMONG THOSE=20

18 ITEMS OF CLOTHING?=20

19 A YES.=20

20 Q AS PART OF YOUR ROLE, DO YOU ASSIGN ITEM=20

21 NUMBERS AS AN EVIDENCE SPECIALIST SO THAT PARTICULAR=20

22 ITEMS OF PHYSICAL EVIDENCE CAN BE THEN IDENTIFIED=20

23 FROM THAT?

24 A YES.=20

25 Q IN PARTICULAR, WITH RESPECT TO THE JACKET=20

26 THAT WAS IN THAT DRY CLEANERS, WOULD YOU DESCRIBE –=20

27 DID YOU ASSIGN THAT PARTICULAR EVIDENCE ITEM NUMBER?

28 A YES, I DID.=20

Page 312

1 Q WHAT WAS THAT?

2 A I HAVE AN ITEM NUMBER 94. =20

3 Q DID YOU HAVE OCCASION TO THEN RELEASE THAT=20

4 PARTICULAR JACKET TO ANYONE ELSE INVOLVED IN THE=20

5 CRIME LABORATORY?

6 A YES, I DID.=20

7 Q WHO WAS THAT?

8 A CRIMINALIST SHAWN SORIONO.

9 Q WHEN DID THAT TAKE PLACE?

10 A ON FEBRUARY THE 8TH.=20

11 Q SO THE NEXT DAY?

12 A CORRECT.=20

13 Q NOW I’D LIKE TO DIRECT YOUR ATTENTION, IF I=20

14 COULD, MISS LEALCALA, TO A SEARCH OF A MOTORHOME=20

15 THAT WAS INVOLVED IN THIS CASE AS WELL.=20

16 ARE YOU FAMILIAR WITH THAT MOTORHOME?

17 A YES.

18 Q DID YOU PLAY A ROLE IN CONDUCTING THE=20

19 SEARCH OF THAT PARTICULAR MOTORHOME?

20 A YES, I DID.=20

21 Q WAS THAT MOTORHOME IDENTIFIED TO YOU AS=20

22 BEING OWNED BY MR. DAVID WESTERFIELD?

23 A YES.=20

24 Q WHERE DID THAT SEARCH TAKE PLACE?

25 A WELL, I SEARCHED THE MOTORHOME AT THE=20

26 VEHICLE IMPOUND GARAGE.=20

27 Q ON WHAT DATE?

28 A WELL, I DID THAT ON A FEW DIFFERENT DATES.=20

Page 313

1 Q ALL RIGHT. IN PARTICULAR, DID YOU HAVE=20

2 OCCASION TO SEARCH THE MOTORHOME FOR THE PRESENCE OF=20

3 ANY LATENT FINGERPRINTS?

4 A YES.

5 Q WHEN DID THAT OCCUR?

6 A I BELIEVE IT WAS FEBRUARY 8TH. IF I LOOKED=20

7 AT MY NOTES, I COULD VERIFY THAT.

8 Q YOU USED THE TERM, WAS IT “IMPOUND YARD”?

9 A THE VEHICLE IMPOUND GARAGE.

10 Q WHAT IS THAT?

11 A WELL, THE POLICE DEPARTMENT STORES VEHICLES=20

12 THAT HAVE BEEN IMPOUNDED IN A GARAGE AREA.=20

13 Q AND IS THAT WHERE YOUR SEARCH ON=20

14 FEBRUARY 8TH TOOK PLACE?

15 A YES.=20

16 Q IN THE COURSE OF THAT SEARCH, DID YOU IN=20

17 FACT RECOVER ANY LATENT FINGERPRINTS?

18 A YES, I DID.

19 Q WHAT DID YOU SEE FROM THE MOTORHOME IN=20

20 TERMS OF THESE LATENT PRINTS? CAN YOU TELL US A=20

21 LITTLE BIT ABOUT HOW THAT PROCESS WORKS.

22 A WELL, I USE BLACK POWDER TO DEVELOP ANY=20

23 LATENT PRINTS THAT MAY HAVE BEEN THERE. WHEN I DID=20

24 FIND SOME, I USED FINGERPRINT TAPE AND ATTACHED THEM=20

25 TO LATENT PRINT CARDS.

26 Q I’VE ASKED YOU TO DO THAT FAIRLY QUICKLY. =20

27 PERHAPS YOU COULD TELL US A LITTLE BIT MORE ABOUT=20

28 HOW THAT PROCESS WORKS.

Page 314

1 A ABOUT THE BLACK POWDERING?

2 Q CORRECT.=20

3 IF YOU COULD, START WITH THE PROCESS OF HOW=20

4 DO YOU LOOK FOR AND ULTIMATELY USE BLACK POWDER TO=20

5 OBTAIN LATENT FINGERPRINTS?

6 THE COURT: COUNSEL, IS THIS AN AREA THAT YOU’RE=20

7 INTERESTED IN, HOW SHE ACTUALLY GOT THE PRINTS?

8 MR. FELDMAN: OH, YES.=20

9 THE COURT: OKAY.

10 I WAS TRYING TO SHORTCUT IT BUT IT DIDN’T=20

11 WORK.=20

12 MR. CLARKE: I APPRECIATE THAT.=20

13 THE COURT: GO AHEAD.=20

14 BY MR. CLARKE:=20

15 Q COULD YOU TELL US A LITTLE BIT, IN OTHER=20

16 WORDS, IN A FAIRLY SUMMARY FASHION, HOW WHEN YOU=20

17 ENTER AN ITEM LIKE A MOTORHOME AND YOU’RE LOOKING=20

18 FOR LATENT FINGERPRINTS HOW YOU GO ABOUT TRYING TO=20

19 DETECT THEM?

20 A A LOT OF TIMES I USE A FLASHLIGHT TO SEE IF=20

21 THERE’S ANY PRINTS VISIBLE. AND THEN I WILL ALSO=20

22 USE WHATEVER TECHNIQUE IS APPROPRIATE. IN THIS CASE=20

23 I USED BLACK POWDER, BY JUST USING A FINGERPRINT=20

24 BRUSH AND ADDING THE BLACK POWDER TO THE SURFACES=20

25 THAT I PROCESSED.=20

26 Q AND IS THAT FOR PURPOSES OF THEN BEING ABLE=20

27 TO VISUALIZE THE PRESENCE OF A LATENT FINGERPRINT=20

28 THAT WAS OTHERWISE INVISIBLE TO YOUR EYE PRIOR TO=20

Page 315

1 THAT?

2 A YES.=20

3 Q WERE YOU THEN ABLE TO RECOVER THESE=20

4 FINGERPRINTS OR ONE OR MORE LATENT FINGERPRINTS=20

5 INSIDE THE MOTORHOME?

6 A YES.

7 Q IN PARTICULAR, DID YOU LOCATE ANY LATENT=20

8 FINGERPRINT IN THE AREA OF THE BED AT THE REAR OF=20

9 THE MOTORHOME?

10 A YES, I DID.=20

11 Q COULD YOU DESCRIBE THE LOCATION OF ANY SUCH=20

12 PRINTS THAT YOU LOCATED THERE?

13 A WELL, THERE WAS A PRINT THAT I GOT OFF OF=20

14 THE — THERE’S SOME CABINETS ON THE SIDE OF — ON=20

15 BOTH SIDES OF THE BED, ACTUALLY. BUT ONE CABINET=20

16 WOULD HAPPEN TO BE ON THE DRIVER’S SIDE OF THE=20

17 MOTORHOME WHERE I DEVELOPED SOME LATENT PRINTS.

18 Q WAS THAT AS A RESULT OF USE OF THIS POWDER?

19 A YES.

20 Q DID YOU THEN TRANSFER THOSE IMPRESSIONS=20

21 FROM THE WALL, OR THE CABINET RATHER, TO THESE CARDS=20

22 THAT YOU’VE DESCRIBED?

23 A YES. I USED LIFTING TAPE AND ATTACH IT TO=20

24 THE CARDS.=20

25 Q WHEN YOU MAKE THOSE TRANSFERS TO THE CARDS,=20

26 DO YOU LABEL THE CARDS IN ANY FASHION?

27 A YES.=20

28 Q WHAT DO YOU PUT ON THOSE CARDS?

Page 316

1 A IF I REFER TO MY NOTES, I CAN TELL YOU=20

2 EXACTLY WHAT’S ON THOSE.

3 Q ALL RIGHT. IF IT WOULD ASSIST YOU IN=20

4 REFRESHING YOUR RECOLLECTION, WOULD YOU PLEASE DO=20

5 THAT.

6 A YES, IT WOULD.=20

7 ON THE FINGERPRINT CARD I PUT THE CASE=20

8 NUMBER, THE VICTIM’S NAME, MY NAME AND I.D., THE=20

9 DATE, AND THE TIME THAT I MADE THE LIFT AS WELL AS=20

10 THE LOCATION OF THE LIFT.

11 Q AND, IN PARTICULAR, COULD YOU DESCRIBE FOR=20

12 US HOW YOU LABELED THE IMPRESSIONS THAT YOU=20

13 RECOVERED FROM THE CABINET ON THE DRIVER’S SIDE OF=20

14 THE MOTORHOME NEAR THE BED?

15 A YOU WANT THE DESCRIPTION OF WHERE — THE=20

16 LOCATION?=20

17 Q CORRECT.

18 A OKAY. I PUT THE SIDE OF THE WOODEN CABINET=20

19 ON THE DRIVER’S SIDE OF THE BED IN THE MOTORHOME.=20

20 Q YOU DESCRIBED, I BELIEVE, THAT ON THE=20

21 LATENT PRINT CARDS YOU ALSO PUT A CASE NUMBER; IS=20

22 THAT CORRECT?

23 A YES.=20

24 Q WHAT WAS THAT CASE NUMBER THAT YOU LABELED=20

25 THAT CARD WITH?

26 A I LABELED IT WITH 802-008101.

27 Q VERY GOOD. THANK YOU.=20

28 MR. CLARKE: I HAVE NO FURTHER QUESTIONS, YOUR=20

Page 317

1 HONOR.=20

2 THE COURT: GO AHEAD, COUNSEL.

3 MR. FELDMAN: COULD I APPROACH, PLEASE?

4 THE COURT: SURE.

5 =20

6 CROSS-EXAMINATION

7 BY MR. FELDMAN:

8 Q GOOD MORNING.

9 A GOOD MORNING.=20

10 Q MA’AM, YOU’RE REFERRING TO WHAT APPEARED TO=20

11 BE DOCUMENTS THAT I’VE NEVER SEEN BEFORE.=20

12 THE COURT: COUNSEL, SHE WOULDN’T KNOW THAT.

13 MR. FELDMAN: NO, YOU WOULDN’T.

14 BY MR. FELDMAN:

15 Q MA’AM, WITH REGARD TO THE TWO DOCUMENTS=20

16 THAT YOU JUST USED TO REFRESH YOUR RECOLLECTION, DID=20

17 YOU PROVIDE THEM TO THE DISTRICT ATTORNEY’S OFFICE?

18 A I PROVIDED COPIES OF MY EVIDENCE LIST TO=20

19 NOT THE DISTRICT ATTORNEY’S OFFICE, TO THE HOMICIDE=20

20 TEAM THAT I WORK FOR.=20

21 Q SPECIFICALLY DIRECTING YOUR ATTENTION TO=20

22 THAT WHICH IS MARKED “LATENT FINGERPRINT CARD” AND=20

23 WHICH APPEARS TO BE TWO PAGES, DID YOU PROVIDE THOSE=20

24 TO THE DISTRICT ATTORNEY’S OFFICE?

25 A THEY’RE PART OF MY NOTES, SO NO.

26 MR. FELDMAN: AT THIS TIME, YOUR HONOR, I’D ASK=20

27 TO HAVE MARKED AS DEFENDANT’S NEXT IN ORDER TWO=20

28 PAGES OF NOTES.=20

Page 318

1 THE COURT: ANY OBJECTION?

2 MR. CLARKE: NO, YOUR HONOR.

3 THE COURT: ALL RIGHT. NEXT IN ORDER WOULD BE=20

4 WHAT, COUNSEL? YOU’VE GOT THE TAGS. IF YOU WANT MY=20

5 IMPRESSION, IT’S “E.” AM I RIGHT?

6 MR. FELDMAN: ON OUR NEXT, YES. THANK YOU. =20

7 YOUR HONOR, JUST FOR THE RECORD —

8 (DEFENDANT’S EXHIBIT E MARKED FOR=20

9 IDENTIFICATION.)

10 MR. CLARKE: YOUR HONOR, THE ONLY THING I WANT=20

11 TO ENSURE IS THE WITNESS IS ABLE TO GET THAT BACK.

12 THE COURT: WE PROVIDED PHOTOCOPY SERVICES IN=20

13 THE PAST. LET’S NOT MAKE A HABIT OUT OF IT BUT=20

14 WE’LL CONTINUE ON A LIMITED BASIS.=20

15 GO AHEAD.=20

16 BY MR. FELDMAN:

17 Q WITH REGARD TO THE LATENT FINGERPRINT NOW,=20

18 NOW I’D LIKE TO SPECIFICALLY DIRECT YOUR ATTENTION=20

19 TO DEFENDANT’S EXHIBIT E. WITH REGARD TO=20

20 DEFENDANT’S EXHIBIT E, WHEN WERE THESE TWO PAGES –=20

21 WELL, STRIKE THAT.=20

22 DEFENDANT’S EXHIBIT E STARTS WITH A=20

23 STATEMENT THAT SAYS THIS IS PAGE 3 OF 6 — I’M=20

24 SORRY, THIS IS NUMBER 3 OF 6 CARDS; IS THAT CORRECT?

25 A YES.=20

26 Q AND THE VERY NEXT PAGE SAYS THIS IS 6 OF 6=20

27 CARDS; IS THAT CORRECT?

28 A YES.=20

Page 319

1 Q ARE THESE TWO PAGES THAT CONSTITUTE=20

2 DEFENDANT’S EXHIBIT E THE ONLY LATENT CARDS THAT YOU=20

3 HAVE IN CONNECTION WITH YOUR WORK IN THIS CASE?

4 A YES. =20

5 Q SO THERE’S NOT LIKE A PAGE 1 OR A PAGE 2?

6 A NO. JUST WHAT YOU SEE HERE.=20

7 Q ALL RIGHT. SPECIFICALLY DIRECTING YOUR=20

8 ATTENTION TO THESE LIFTS, CAN YOU TELL ME, INITIALLY=20

9 DIRECTING YOUR ATTENTION TO WHAT APPEARS TO BE LIFT=20

10 1 OF 6 CARDS, WHAT WAS THE ORIENTATION OF THAT=20

11 FINGERPRINT?

12 A IT WAS ON A WINDOW.

13 Q THAT’S THE LOCATION.=20

14 YOU UNDERSTAND — DO YOU MAKE A DISTINCTION=20

15 IN YOUR BUSINESS BETWEEN ORIENTATION AND LOCATION?

16 A YES, I DO.=20

17 Q CAN YOU TELL US WHAT THE DISTINCTION –=20

18 WHEN I USE THE WORD “ORIENTATION,” DO YOU UNDERSTAND=20

19 — WELL, I’LL SAY IT A DIFFERENT WAY. SORRY.=20

20 WHEN YOU USE THE WORD “ORIENTATION,” WHAT=20

21 DO YOU MEAN TO COMMUNICATE?

22 A WHAT IS THE TOP OR THE BOTTOM OR EITHER=20

23 SIDE OF SOMETHING.=20

24 Q SPECIFICALLY DIRECTING YOUR ATTENTION TO=20

25 WHAT APPEARS TO BE LATENT 1 OF 6, WHAT’S THE=20

26 ORIENTATION OF THAT PARTICULAR PRINT?

27 A THIS IS SHOWING THE LOCATION ON THE WINDOW=20

28 FOR LATENT PRINT NUMBER 1.=20

Page 320

1 Q SO YOU CAN’T ANSWER MY QUESTION, WHAT’S THE=20

2 ORIENTATION?

3 MR. CLARKE: OBJECTION. I THINK THAT’S=20

4 ARGUMENTATIVE, YOUR HONOR.

5 THE COURT: OVERRULED.=20

6 THE WITNESS: ON THE OTHER SIDE OF THE PRINT=20

7 CARD WHERE THE LIFT ACTUALLY IS, IT SHOWS WHICH WAY=20

8 WAS UP, THE TOP OF THE WINDOW.=20

9 BY MR. FELDMAN:

10 Q WELL, I UNDERSTAND THAT WHEN YOU JUST SAY=20

11 “UP” REFERRING TO THE TOP OF THE WINDOW. WHAT I’M=20

12 ASKING YOU ABOUT IS IN TERMS OF ORIENTATION, THOUGH,=20

13 IS THE DIRECTIONALITY IN WHICH THE PRINT THAT YOU=20

14 LIFTED IS MANIFESTED.

15 DO YOU UNDERSTAND?

16 A YOUR QUESTION IS?

17 THE COURT: YOU WANT TO ASK THAT USING OTHER=20

18 WORDS.=20

19 MR. FELDMAN: SURE.=20

20 BY MR. FELDMAN:

21 Q IF I TOUCH THIS COUNTER IN THE MANNER THAT=20

22 I’VE JUST TOUCHED IT, WE CAN AGREE THAT I’M POINTING=20

23 TOWARDS MR. — TOWARDS THE PROSECUTION TABLE; IS=20

24 THAT FAIR?

25 A YES.

26 Q IF I TURN MY FINGER A PARTICULAR WAY, I’M=20

27 NOW FACING THE JURY BOX; CORRECT?

28 A YES.=20

Page 321

1 Q IF I TURN IT ANOTHER WAY, I’M FACING=20

2 MR. CLARKE BEHIND ME; CORRECT?

3 A CORRECT.

4 Q AND IF I TURN IT YET ANOTHER WAY, I’M=20

5 FACING THE JUDGE; RIGHT?

6 A OKAY.=20

7 Q I’M SORRY. YOU SAID “OKAY.” BUT WE HAVE A=20

8 RECORD.

9 A RIGHT.=20

10 Q USING WHAT I’VE JUST DONE AS AN=20

11 ILLUSTRATION OF WHAT I MEAN TO COMMUNICATE BY=20

12 ORIENTATION, I’M ASKING YOU TO TELL ME WITH REGARD=20

13 TO LIFT 1 OF 6 WHAT WAS THE ORIENTATION? NOT UP=20

14 TOWARD THE WINDOW BECAUSE IN ALL CASES THE FINGER=20

15 WAS IN THE SAME LOCATION. BUT RIGHT, LEFT, NORTH,=20

16 SOUTH, 30 DEGREES.=20

17 DO YOU UNDERSTAND? I’M JUST TRYING TO GIVE=20

18 YOU WORDS TO DESCRIBE IT.

19 A I WOULD BE ABLE TO DETERMINE THAT BY=20

20 LOOKING AT THE FRONT OF THE CARD WHERE THE LIFT=20

21 ACTUALLY WAS.

22 Q DID YOU MAKE COPIES OF THE FRONT OF THE=20

23 CARD WHERE THE LIFT ACTUALLY WAS?

24 A NO.

25 Q AS TO LATENT PRINT 2, SAME QUESTION?

26 A IT WOULD BE THE SAME ANSWER, THAT I NEED TO=20

27 SEE THE ACTUAL PRINT ON THE FRONT OF THE CARD.

28 Q ISN’T PART OF YOUR TRAINING TO NOT ONLY=20

Page 322

1 IDENTIFY THE EXISTENCE OF LATENTS BUT TO IDENTIFY=20

2 ORIENTATION?

3 A YES. I DO ON THE FRONT OF THE CARD.

4 Q AND YOU DID SO IN THIS CASE; CORRECT?

5 A YES.=20

6 Q AND SO APPARENTLY, THEN, WHAT’S DEFENDANT’S=20

7 EXHIBIT E IS THE BACK OF THE CARDS?

8 A THAT’S CORRECT.=20

9 Q OKAY. DO YOU HAVE COPIES OF THE FRONT OF=20

10 THE CARDS?

11 A NO.=20

12 Q WHY?

13 MR. CLARKE: EXCUSE ME. I THINK THAT’S=20

14 ARGUMENTATIVE ALSO.

15 THE COURT: SUSTAINED.

16 BY MR. FELDMAN:

17 Q WHY DON’T YOU HAVE COPIES OF THE FRONT OF=20

18 THE CARDS?

19 THE COURT: SAME QUESTION. YOU JUST EXPANDED=20

20 IT.

21 MR. FELDMAN: I TRIED TO CHANGE IT A LITTLE BIT=20

22 TO GET AROUND THE OBJECTION.

23 THE COURT: YOU DIDN’T MAKE IT.=20

24 NEXT QUESTION.=20

25 BY MR. FELDMAN:

26 Q WHAT YOU’RE TELLING US, THEN, IS THAT YOU=20

27 DON’T HAVE AN INDEPENDENT RECOLLECTION AS TO=20

28 ORIENTATION OF ANY OF THE LIFTS THAT YOU MADE; IS=20

Page 323

1 THAT CORRECT?

2 A NOT WITHOUT SEEING THE FRONT OF THE CARDS,=20

3 CORRECT.=20

4 Q AND YOU DON’T HAVE THE FRONT OF THE CARDS=20

5 TO GIVE YOU, THAT’S RIGHT, ISN’T IT?

6 MR. CLARKE: EXCUSE ME. SAME OBJECTION. ALSO=20

7 ASSUMES FACTS NOT IN EVIDENCE.=20

8 THE COURT: I’M SURE THERE’S A FRONT OF THE=20

9 CARD. SUSTAINED.=20

10 COUNSEL, I WANT TO MAKE SURE THAT YOU’RE=20

11 PROVIDED AT SOME EXPEDIENT TIME COPIES OF ALL OF=20

12 THOSE CARDS. NOW, AGAIN, JUST TEN DAYS INTO THE=20

13 CASE.=20

14 MR. FELDMAN: JUDGE, WE’RE ON STATUTORY TIME. I=20

15 KNOW THAT’S THE SECOND TIME YOUR HONOR HAS MENTIONED=20

16 IT.

17 THE COURT: I UNDERSTAND THAT. I’M DOING MY=20

18 BEST TO MAKE SURE THAT YOU HAVE WHAT YOU NEED. =20

19 BUT —

20 MR. FELDMAN: THANK YOU.

21 THE COURT: — YOU KNOW, YOU CAN’T EXPECT 110=20

22 PERCENT OF THE DISCOVERY PRIOR TO THE PRELIM.=20

23 MR. FELDMAN: THANK YOU, YOUR HONOR.=20

24 BY MR. FELDMAN:

25 Q YOU TOLD MR. CLARKE ON DIRECT EXAMINATION=20

26 THAT ONE OF THE MANNERS IN WHICH YOU SOUGHT TO LIFT=20

27 LATENT PRINTS WAS BY THE USE OF BLACK POWDER. PRIOR=20

28 TO YOUR USE OF BLACK POWDER WITHIN THE MOTORHOME,=20

Page 324

1 WAS IT FLUORESCED OR LUMINESCED OR ANYTHING ELSE?

2 A NO.=20

3 Q SO THE ONLY THING YOU DID WAS TO DO A=20

4 VISIBLE INSPECTION; IS THAT CORRECT?

5 A PRIOR TO POWDERING, YES.=20

6 Q HOW MUCH — WAS THERE ANY OTHER INDIVIDUALS=20

7 WITHIN THE MOTORHOME AT THE TIME YOU MADE YOUR=20

8 INSPECTION?

9 A YES, I KNOW THERE WAS A DETECTIVE THERE=20

10 WITH ME.

11 Q DO YOU RECALL WHO THE DETECTIVE WAS?

12 A THAT WOULD HAVE BEEN DETECTIVE TOMSOVIC.

13 Q I’M SORRY?

14 A DETECTIVE TOMSOVIC.

15 Q WERE THERE ANY OTHER EVIDENCE TECHNICIANS,=20

16 CRIMINALISTS OR OTHER REPRESENTATIVES OF LAW=20

17 ENFORCEMENT IN THE MOTORHOME AT THE TIME YOU WERE=20

18 PERFORMING YOUR WORK?

19 A I BELIEVE THERE WERE — WAS AT LEAST ONE=20

20 OTHER CRIMINALIST THERE IN AND OUT BUT THEY WERE NOT=20

21 IN THE MOTORHOME —

22 THE REPORTER: “THEY WERE NOT,” “IN THE=20

23 MOTORHOME”?

24 THE WITNESS: THEY WERE IN AND OUT. THEY WERE=20

25 THERE AT THE SAME TIME I WAS.

26 BY MR. FELDMAN:=20

27 Q DID YOU PREPARE A REPORT REFLECTING YOUR=20

28 ACTIVITIES IN CONNECTION WITH THE LIFT?

Page 325

1 A WELL, MY EVIDENCE LIST INCLUDES THE=20

2 DIFFERENT LIFTS.=20

3 Q BUT MY QUESTION IS: DID YOU PREPARE A=20

4 REPORT, NOT A LIST, A REPORT REFLECTING WHAT=20

5 ACTIVITIES YOU TOOK ON THAT PARTICULAR DAY IN=20

6 ATTEMPTING TO RAISE THE LIFTS?

7 A A REPORT? NO.=20

8 Q YES.=20

9 SO YOU DID NOT PREPARE ANY REPORTS;=20

10 CORRECT?

11 A IF YOU’RE TALKING ABOUT REGARDING THE=20

12 FINGERPRINT PROCESSING?

13 Q YES.

14 A THERE’S NO REPORT.

15 Q WHAT ABOUT NOTES? DID YOU TAKE ANY NOTES?

16 A YES, I DID.=20

17 Q WITH REGARD TO YOUR NOTES, WERE THEY — DO=20

18 YOU STILL HAVE THEM?

19 A I HAVE THE NOTES. NOT WITH ME.

20 MR. FELDMAN: SAME REQUEST.

21 THE COURT: RIGHT. YOU’RE TO RETRIEVE THEM,=20

22 GIVE THEM TO THE D.A.’S OFFICE IN A DAY OR SO. AND=20

23 THE D.A., I’M SURE, WILL SUPPLY TO THE DEFENSE.=20

24 BY MR. FELDMAN:

25 Q DID YOU PARTICIPATE, MA’AM, IN THE SEARCH=20

26 OF EITHER THE WESTERFIELD RESIDENCE OR VAN DAM=20

27 RESIDENCE?

28 MR. CLARKE: OBJECTION; BEYOND THE SCOPE.

Page 326

1 THE COURT: THAT’S BEYOND THE SCOPE. SUSTAINED.=20

2 BY MR. FELDMAN:

3 Q ONCE YOU REMOVED A LIFT AND YOU PUT IT ON=20

4 THE EVIDENCE CARD OR THE LIFT CARD THAT YOU’VE=20

5 DESCRIBED, WHAT DO YOU DO WITH IT?

6 A WELL, AFTER I LABELED THE BACK OF THE CARD,=20

7 THEN I COLLECT IT AND TAKE IT BACK TO THE=20

8 LABORATORY.=20

9 Q OKAY. ONCE YOU “TAKE IT BACK TO THE=20

10 LABORATORY,” YOU MEAN YOU TAKE IT DOWN TO 14TH=20

11 STREET; IS THAT CORRECT?

12 A YES.=20

13 Q OKAY. 14TH STREET IS JUST WHERE THE POLICE=20

14 DEPARTMENT IS IN OUR TOWN; RIGHT?

15 A ON 14TH AND BROADWAY.

16 Q AND THERE’S A LABORATORY IN THE BUILDING,=20

17 IS THERE, THAT YOU DELIVER THE EVIDENCE THAT YOU=20

18 REMOVE?

19 A YES.=20

20 Q AND IS THERE A SPECIFIC PERSON TO WHOM YOU=20

21 DELIVER THE PARTICULAR LIFT CARD?

22 A WELL, I TURN IT IN TO THE LATENT PRINT=20

23 UNIT.=20

24 Q OKAY. AND WHO’S IN CHARGE OF — WHEN YOU=20

25 SAY YOU “TURN IT IN,” WHAT I’M TRYING TO DO IS TRACK=20

26 THE DOCUMENT THAT YOU FOUND. OKAY.

27 DO YOU UNDERSTAND ME?

28 A YES.=20

Page 327

1 Q OKAY. SO HYPOTHETICALLY, YOU GOT THIS ONE=20

2 LATENT CARD, ONE OF THE SIX. YOU SAID YOU TOOK IT=20

3 INTO THE LATENT FINGERPRINT UNIT.

4 WHAT DOES THAT LOOK LIKE? IS THAT AN=20

5 OFFICE? WHAT IS IT?

6 A LATENT PRINT UNIT IS AN OFFICE, YES.

7 Q OKAY. SO YOU TOOK IT INTO AN OFFICE.=20

8 THEN WHAT DID YOU DO WITH IT?

9 A WHEN I TAKE IT OVER THERE, I PUT IT IN AN=20

10 ENVELOPE. I PUT ALL THE LATENT PRINT CARDS TOGETHER=20

11 THAT I TOOK IN AN ENVELOPE. I SEAL THAT ENVELOPE=20

12 WITH EVIDENCE TAPE AND THEN THERE’S A RECORD OF WHEN=20

13 I TURNED IT IN. I SIGN MY NAME ON IT.=20

14 Q OKAY. SO WHAT YOU’RE TRYING TO DO IS=20

15 PROTECT THE CHAIN OF CUSTODY; IS THAT CORRECT?

16 A YES.=20

17 Q AND WHAT DOES THE CHAIN OF CUSTODY MEAN?

18 A THE CHAIN OF CUSTODY SHOWS ANY SORT OF=20

19 TRANSFERS OF EVIDENCE OF WHO DID IT, THEIR I.D.=20

20 NUMBER, THE PLACE.=20

21 Q MAKE SURE THAT EVIDENCE DOESN’T DISAPPEAR;=20

22 CORRECT?

23 A YES.

24 Q TO ENSURE THE INTEGRITY OF THE EVIDENCE;=20

25 CORRECT?

26 A YES.

27 Q TO ENSURE THAT NOBODY TAMPERS WITH THE=20

28 EVIDENCE; CORRECT?

Page 328

1 A YES.=20

2 Q SO WITH REGARD TO THE PARTICULAR SEALED=20

3 ENVELOPE TO WHICH YOU ARE MAKING REFERENCE, IS THAT=20

4 CHECKED IN TO ANY PARTICULAR AREA BEYOND THE LATENT=20

5 FINGERPRINT SECTION?

6 A ONCE I TURN IT IN TO THE LATENT PRINT UNIT,=20

7 THAT’S WHERE MY CHAIN ENDS, AND IT’S PICKED UP BY=20

8 THE PEOPLE THERE IN THE LATENT PRINT UNIT.

9 Q WHO DID YOU GIVE THE CARDS TO OR THE SEALED=20

10 ENVELOPE TO?

11 A THE ENVELOPE IS TURNED IN, LIKE I SAID, AND=20

12 I FILL OUT THE LOG THAT THEY HAVE THERE. AND THEN=20

13 WHOEVER IS AT THE DESK AT THAT TIME IS THE ONE WHO=20

14 WOULD LOG IT IN.

15 Q I WANT TO KNOW WHO THAT WAS.

16 CAN YOU TELL ME?

17 A I DON’T REMEMBER.=20

18 Q DO YOU HAVE ANY PAPERS THAT WOULD ASSIST=20

19 YOU IN, TO REVIEW TO REFRESH YOUR RECOLLECTION?

20 A NO.=20

21 Q IS THE PERSON TO WHOM YOU TURNED THE SEALED=20

22 ENVELOPE OVER LAW ENFORCEMENT OR NON-LAW ENFORCEMENT=20

23 STAFF?

24 A THEY WOULD BE CIVILIANS.

25 Q PARDON?

26 A THEY WOULD BE NON-LAW ENFORCEMENT.

27 Q AND ARE YOU CHARACTERIZED — ARE YOU=20

28 DESCRIBED AS LAW ENFORCEMENT?

Page 329

1 A I WOULD BE A CIVILIAN EMPLOYEE.

2 Q SO IN OTHER WORDS, YOU TURN IT OVER TO A=20

3 CLERK; IS THAT RIGHT?

4 A YES.=20

5 Q AND BUT YOU DON’T REMEMBER THE NAME OF THE=20

6 CLERK; RIGHT?

7 A THERE’S USUALLY ONE CLERK SITTING AT THE=20

8 DESK WHERE THE LATENT PRINTS ARE TURNED IN. BUT I=20

9 CAN’T BE SURE THAT IT WAS HER THAT DAY WHEN I TURNED=20

10 IT IN.

11 Q AFTER IT’S TURNED IN TO THE LATENT PRINT=20

12 UNIT, YOU LOSE COMPLETE TRACK OF THE ENVELOPE; IS=20

13 THAT CORRECT?

14 A I DOCUMENT WHEN I TURN IT IN AND THEN, YES,=20

15 WHOEVER PICKS IT UP IN THE LATENT PRINT UNIT WOULD=20

16 HAVE TO DOCUMENT THEIR END OF IT.

17 Q OKAY. SO IN ORDER FOR US TO RETRIEVE OR=20

18 FOLLOW UP ON THE CHAIN OF CUSTODY WITH REGARD TO THE=20

19 SEALED ENVELOPE INTO WHICH YOU PLACE THESE SIX=20

20 LIFTS, WE NEED TO TAKE INTO THE LATENT PRINT=20

21 DEPARTMENT UNIT OF THE POLICE DEPARTMENT; IS THAT=20

22 CORRECT?

23 A RIGHT. THE LATENT PRINT UNIT WOULD HAVE=20

24 THE NEXT CHAIN OF CUSTODY.

25 Q ISN’T THERE SOME CENTRAL AREA WITHIN THE=20

26 SAN DIEGO POLICE DEPARTMENT TO WHICH YOU HAVE ACCESS=20

27 WHERE ALL EVIDENCE IS STORED?

28 MR. CLARKE: OBJECTION. I THINK THAT’S VAGUE.

Page 330

1 THE COURT: OVERRULED.

2 DO YOU UNDERSTAND THE QUESTION?

3 THE WITNESS: IF YOU COULD REPEAT IT, PLEASE.

4 BY MR. FELDMAN:

5 Q ISN’T THERE A CENTRAL LOCATION IN THE=20

6 SAN DIEGO POLICE DEPARTMENT WHERE ALL EVIDENCE IS=20

7 RETAINED OR STORED?

8 A WELL, I WOULDN’T SAY ALL EVIDENCE. THERE=20

9 IS A PROPERTY ROOM. HOWEVER, THE LATENT PRINT CARDS=20

10 ARE A DIFFERENT AREA.

11 Q WITH REGARD TO THE WESTERFIELD CASE, WAS=20

12 THE SAN DIEGO POLICE DEPARTMENT TREATING THE ITEMS=20

13 OF EVIDENCE THAT WERE BEING SEIZED AND PRODUCED=20

14 DURING THE INVESTIGATION IN A MANNER DIFFERENT, IN=20

15 YOUR EXPERIENCE, THAN ANY OTHER CASE?

16 A NO.=20

17 Q SO THEN WOULD — IS IT FAIR TO INFER, THEN,=20

18 WITH REGARD TO ALL OF THE EVIDENCE THAT YOU SEIZED,=20

19 IT WOULD BE IN THE PROPERTY ROOM?

20 THE COURT: OTHER THAN THE CARDS?

21 MR. FELDMAN: OTHER THAN THE CARDS. I SAID=20

22 “EVIDENCE.”=20

23 THE WITNESS: IT WILL EVENTUALLY GO TO THE=20

24 PROPERTY ROOM AFTER IT’S BROUGHT BACK, OTHER THAN=20

25 THE CARDS. YES.

26 BY MR. FELDMAN:

27 Q OKAY. WHEN YOU SAY “AFTER IT’S BROUGHT=20

28 BACK,” WHAT DO YOU MEAN TO COMMUNICATE?

Page 331

1 A WHEN IT COMES BACK FROM A SCENE, A=20

2 PARTICULAR LOCATION WHERE I COLLECTED IT FROM,=20

3 WHEREVER, WE STORE IT IN THE EVIDENCE INVENTORY ROOM=20

4 IN THE LABORATORY. BEFORE IT GOES TO PROPERTY ROOM.=20

5 Q SPECIFICALLY DIRECTING YOUR ATTENTION TO=20

6 THAT LAUNDRY BAG TO WHICH YOU REFERRED ON DIRECT=20

7 EXAMINATION, IS THAT SOMETHING THAT WOULD BE STORED=20

8 IN THE EVIDENCE — I’M SORRY, INVENTORY ROOM?

9 A ARE YOU REFERRING TO THE CLOTHING THAT WAS=20

10 RECEIVED FROM THE DRY CLEANER?

11 Q SOMEBODY COUGHED AND I MISSED WHAT YOU WERE=20

12 ASKING.

13 THE COURT: SHE ASKED WHETHER OR NOT YOU WERE=20

14 REFERRING TO THE CLOTHING THAT SHE RECEIVED.

15 MR. FELDMAN: YES.

16 BY MR. FELDMAN:

17 Q I THINK YOU TOLD US EARLIER THAT THERE WERE=20

18 SOME ITEMS OF CLOTHING THAT YOU RECEIVED.=20

19 IS THAT CORRECT?

20 A YES.=20

21 Q AND WITH REGARD TO THOSE ITEMS OF CLOTHING,=20

22 YOU TOLD US YOU DID NOT INVENTORY THEM; ISN’T THAT=20

23 TRUE?

24 A I DIDN’T GO THROUGH THOSE ITEMS. NO. I=20

25 COULD SEE THEM THROUGH THE CLEAR PLASTIC BAG.

26 Q WHY DIDN’T YOU INVENTORY THEM?

27 A BECAUSE THEY WERE BEING TURNED OVER TO A=20

28 CRIMINALIST.=20

Page 332

1 Q SO YOUR JOB IS TO MAKE SURE YOU DON’T=20

2 CONTAMINATE ANY OF THE EVIDENCE; IS THAT CORRECT?

3 A I DIDN’T OPEN THAT PIECE OF EVIDENCE.

4 Q THAT’S NOT WHAT I ASKED YOU.=20

5 WHAT I ASKED YOU IS WHETHER OR NOT IT WAS=20

6 YOUR JOB TO ENSURE THAT YOU DON’T CONTAMINATE=20

7 EVIDENCE.

8 MR. CLARKE: EXCUSE ME. I THINK THAT’S=20

9 ARGUMENTATIVE, YOUR HONOR.

10 THE COURT: OVERRULED.

11 THE WITNESS: YES.

12 BY MR. FELDMAN:

13 Q BECAUSE YOU’RE AWARE THAT CONTAMINATING=20

14 EVIDENCE CAN RESULT IN ADVERSE CONSEQUENCES?

15 MR. CLARKE: OBJECTION; VAGUE.

16 THE COURT: SUSTAINED.=20

17 YOU DON’T NEED TO ASK THE QUESTION. =20

18 EVERYBODY KNOWS WHAT CONTAMINATE EVIDENCE MEANS.

19 BY MR. FELDMAN:

20 Q WITH REGARD TO YOUR EXPERIENCE IN THIS=20

21 PARTICULAR CASE, WHEN YOU WENT INTO THE MOTORHOME,=20

22 WERE YOU WEARING ANY KIND OF SHOES?

23 A YES.=20

24 Q YOU’RE AWARE, DIDN’T YOU PARTICIPATE IN,=20

25 FOR INSTANCE, PUTTING LIFT TAPE ON MR. WESTERFIELD’S=20

26 SHOES?

27 A NO.=20

28 Q DID ANYBODY PRESERVE THE DIRT THAT CAME=20

Page 333

1 FROM YOUR SHOES, IF ANY, THAT MAY HAVE OCCURRED OR=20

2 ADHERED TO YOUR SHOES AS YOU WALKED THROUGH THE=20

3 MOTORHOME?

4 A DID ANYONE COLLECT IT? IS THAT WHAT YOU=20

5 ASKED?

6 Q YES.

7 A NO.

8 Q WITH REGARD TO THE FLOOR OF THE MOTORHOME,=20

9 DID YOU TAKE ANY PARTICULAR PRECAUTIONS TO ENSURE=20

10 THAT YOU DIDN’T TRANSFER FROM ONE POINT OF THE=20

11 MOTORHOME TO ANOTHER POINT OF THE MOTORHOME ANY=20

12 TRACE EVIDENCE?

13 A I WALKED THROUGH THE MOTORHOME. SO NO.=20

14 Q AND THERE, IT WASN’T AS THOUGH THERE WAS=20

15 CARPET LAID DOWN OR PAPER LAID DOWN OR SOMETHING TO=20

16 ENSURE THAT YOU DID NOT INADVERTENTLY DO ANYTHING TO=20

17 CONTAMINATE THE MOTORHOME?

18 A NO, THERE WAS NO OTHER CARPET LAID DOWN=20

19 OTHER THAN WHAT WAS ALREADY THERE.

20 Q OKAY. BY THE TIME YOU GOT TO THE=20

21 MOTORHOME, AS YOU WERE WALKING TO THE AREA WHERE YOU=20

22 REMOVED THE FINGERPRINT THAT YOU TOLD US ABOUT=20

23 EARLIER, HAD ANY CARPET BEEN REMOVED FROM THE AREA=20

24 OF THE BATHROOM?

25 A I DON’T REMEMBER ANY CARPET BEING REMOVED,=20

26 NO.

27 Q AND THIS IS SOMETHING THAT WOULD HAVE STUCK=20

28 IN YOUR MIND, ISN’T THAT TRUE, BECAUSE IT WOULD HAVE=20

Page 334

1 BEEN UNUSUAL FROM YOUR STANDPOINT?

2 A WELL, WE DID REMOVE CARPET FROM THE=20

3 MOTORHOME. I DON’T REMEMBER WHAT TIME, WHETHER IT=20

4 WAS PRIOR TO MY FINGERPRINTING OR AFTER.=20

5 Q WHAT YOU JUST TOLD ME WAS, WHEN YOU WERE=20

6 ACTUALLY IN THE PROCESS OF REMOVING THE LIFTS, YOU=20

7 DID NOT RECALL THAT ANY CARPETING HAD AT THAT TIME=20

8 BEEN REMOVED FROM THE AREA OF THE BATHROOM; ISN’T=20

9 THAT TRUE?

10 A WELL, THE ONLY CARPET I REMEMBER IN THE=20

11 BATHROOM WAS A RUG. THERE WASN’T REALLY CARPETING=20

12 IN THE BATHROOM.=20

13 Q JUST OUTSIDE THE BATHROOM, WHAT WAS THE=20

14 FLOORING?

15 A THERE IS CARPETING OUTSIDE THE BATHROOM IN=20

16 THE HALLWAY.

17 Q AND DID YOU DO ANYTHING WITH REGARD TO THAT=20

18 CARPETING OUTSIDE THE HALLWAY TO ENSURE THAT YOU=20

19 DIDN’T DO ANYTHING TO CONTAMINATE IT?

20 A I WALKED THROUGH THERE. SO NO.

21 Q AND YOU KNOW, BASED UPON YOUR ACQUAINTANCE=20

22 TO THE CASE, THERE’S AN ISSUE ABOUT THE CARPETING=20

23 RIGHT OUTSIDE THE BATHROOM; ISN’T THAT TRUE?

24 MR. CLARKE: OBJECTION; VAGUE, ARGUMENTATIVE.

25 THE COURT: SUSTAINED.=20

26 MR. FELDMAN: I’M SORRY, ON WHICH GROUND?

27 THE COURT: BOTH.

28 //////

Page 335

1 BY MR. FELDMAN:

2 Q HAD YOU ACQUIRED INFORMATION WHICH HAS=20

3 CAUSED YOU TO BELIEVE THAT THE AREA JUST OUTSIDE THE=20

4 BATHROOM OF MR. WESTERFIELD’S MOTORHOME MIGHT HAVE=20

5 SOME PARTICULAR EVIDENTIARY VALUE?

6 A YES.=20

7 Q DID YOU HAVE THAT INFORMATION ON FEBRUARY=20

8 THE 6TH? WHICH I BELIEVE IS THE DATE YOU TOLD US=20

9 YOU LIFTED THE PRINTS.

10 MR. CLARKE: OBJECTION. I THINK THAT MISSTATES=20

11 THE EVIDENCE.

12 THE COURT: I THINK IT’S FEBRUARY 8TH, COUNSEL.

13 MR. FELDMAN: THANK YOU.=20

14 BY MR. FELDMAN:

15 Q ON FEBRUARY THE 8TH, DID YOU HAVE THAT=20

16 INFORMATION?

17 A WHICH INFORMATION ARE YOU REFERRING TO?

18 Q THE INFORMATION THAT THERE MIGHT HAVE BEEN=20

19 SOME EVIDENCE THAT LAW ENFORCEMENT WAS INTERESTED IN=20

20 IN THE MOTORHOME?

21 MR. CLARKE: I THINK THAT’S VAGUE, YOUR HONOR.

22 THE COURT: SUSTAINED.=20

23 AREN’T WE TALKING ABOUT SOMETHING TO DO=20

24 WITH THE BATHROOM?

25 MR. FELDMAN: YES.

26 THE COURT: MAYBE YOU WANT TO PINPOINT THAT. =20

27 YOU HAVE TO UNDERSTAND THAT ALL OF YOU KNOW THIS=20

28 CASE AND KNOW THE FACTS. I’M JUST SITTING HERE=20

Page 336

1 HEARING MOST OF IT FOR THE FIRST TIME OR ALL OF IT=20

2 FOR THE FIRST TIME.=20

3 BY MR. FELDMAN:

4 Q MA’AM, DIRECTING YOUR ATTENTION AGAIN TO=20

5 FEBRUARY THE 8TH. AND SPECIFICALLY DIRECTING YOUR=20

6 ATTENTION TO THAT TIME PERIOD WHEN YOU WERE ABOUT TO=20

7 OR JUST HAD REMOVED THE LIFTS, AND MORE SPECIFICALLY=20

8 DIRECTING YOUR ATTENTION TO THE AREA JUST OUTSIDE=20

9 THE BATHROOM WHERE THERE IS THE FLOORING OR=20

10 CARPETING OR WHATEVER.=20

11 ON THAT DATE, YOU HAD KNOWLEDGE THAT LAW=20

12 ENFORCEMENT HAD AN INTEREST IN THAT SPECIFIC AREA OF=20

13 CARPETING, AND I’M SPECIFICALLY REFERRING TO THE=20

14 AREA JUST OUTSIDE THE BATHROOM.

15 MR. CLARKE: OBJECTION; VAGUE.=20

16 THE COURT: WELL, IT’S NOT VAGUE. OVERRULED.

17 YOU KNEW THERE WAS SOMETHING SPECIAL, OR=20

18 SOME INTEREST IN THAT AREA; CORRECT?

19 THE WITNESS: YES.=20

20 THE COURT: ALL RIGHT. NEXT QUESTION.

21 MR. FELDMAN: THANK YOU.=20

22 BY MR. FELDMAN:

23 Q WITH REGARD TO — I’M SWITCHING ON YOU,=20

24 MA’AM. I’M SORRY. THAT’S HOW I THINK.=20

25 WITH REGARD TO THE BAG THAT HAD THE PIECES=20

26 OF EVIDENCE THAT YOU DID NOT INVENTORY, FROM WHOM=20

27 DID YOU RECEIVE THAT BAG?

28 A ONCE AGAIN, YOU’RE TALKING ABOUT THE=20

Page 337

1 CLOTHING THAT I RECEIVED?

2 Q YES.

3 A I RECEIVED THE CLOTHING FROM=20

4 DETECTIVE TORGERSEN.

5 Q AT THE TIME YOU RECEIVED THE CLOTHING FROM=20

6 DETECTIVE TORGERSEN, WAS IT CONTAINED IN ANY — WAS=20

7 IT IN ANY KIND OF A CONTAINER?

8 A IT WAS IN A CLEAR PLASTIC BAG FROM THE DRY=20

9 CLEANERS.

10 Q SO IT WAS LIKE IT WAS JUST DIRECTLY TAKEN=20

11 FROM THE DRY CLEANERS; IS THAT CORRECT?

12 A YES.=20

13 Q AND WHAT DID YOU DO UPON YOUR RECEIPT OF=20

14 THOSE PARTICULAR ITEMS FROM DETECTIVE TORGERSEN?

15 A I WOULD HAVE PLACED THEM IN A PAPER BAG AND=20

16 SEALED THAT BAG BEFORE TURNING IT OVER.

17 Q MA’AM, YOU JUST TOLD ME YOU WOULD HAVE=20

18 PLACED THEM IN A PAPER BAG. WHAT I’M ASKING YOU=20

19 WHAT YOU ACTUALLY DID.

20 A I DID PLACE THEM IN A PAPER BAG AND SEALED=20

21 IT.=20

22 Q OKAY. DO YOU HAVE A SPECIFIC RECOLLECTION=20

23 OF ACTUALLY PLACING THOSE THREE ITEMS IN THE PAPER=20

24 BAG TO WHICH YOU’VE JUST MADE REFERENCE?

25 A I BELIEVE I DID.=20

26 Q ARE YOU GUESSING?

27 A NO, I’M NOT GUESSING.=20

28 Q ONE MORE TIME. I’M SORRY.=20

Page 338

1 I’M ASKING YOU: DO YOU HAVE A SPECIFIC=20

2 RECOLLECTION, THAT MEANS DO YOU ACTUALLY REMEMBER=20

3 DOING IT?

4 A NO.=20

5 Q AS PART OF YOUR TRAINING AT GROSSMONT=20

6 COLLEGE AND ON YOUR ON-THE-JOB TRAINING, HAVEN’T YOU=20

7 BEEN TRAINED TO PREPARE REPORTS?

8 A YES.=20

9 Q AND YOU’VE BEEN TRAINED TO PREPARE REPORTS=20

10 BECAUSE YOU’VE LEARNED THAT PEOPLE’S MEMORIES FADE=20

11 WITH TIME; ISN’T THAT CORRECT?

12 A YES.=20

13 Q AND THE PURPOSE OF PREPARING — YOU’VE ALSO=20

14 BEEN TRAINED TO PREPARE REPORTS CONTEMPORANEOUSLY=20

15 WITH YOUR ACTIVITIES; ISN’T THAT CORRECT?

16 A TAKE NOTES, GENERALLY.=20

17 Q AND THE REASON YOU TAKE THE NOTES IS SO=20

18 THAT YOU MEMORIALIZE, YOU PRESERVE EXACTLY WHAT YOU=20

19 DID WHEN THE EVENTS ARE FRESHEST IN YOUR MIND;=20

20 RIGHT?

21 A YES.=20

22 Q CAN YOU TELL ME, DO YOU HAVE A REPORT=20

23 REFLECTING WHAT EXACTLY YOU DID WITH THE CLOTHING=20

24 TORGERSEN GAVE YOU?

25 A I HAVE A CHAIN OF CUSTODY, YES.=20

26 Q NOW, I ASKED YOU BEFORE AND YOU ANSWERED ME=20

27 BACK CHAIN OF CUSTODY.=20

28 I’M ASKING YOU: DID YOU PREPARE A REPORT=20

Page 339

1 REFLECTING YOUR ACTIVITIES?

2 A THE ONLY THING I RECALL IS THE CHAIN OF=20

3 CUSTODY.

4 Q SO THE ANSWER IS NO; CORRECT?

5 MR. CLARKE: OBJECTION; ARGUMENTATIVE, YOUR=20

6 HONOR.

7 THE COURT: I DON’T THINK IT’S ARGUMENTATIVE.=20

8 DID YOU — I’M GOING TO ASK A QUESTION. MY=20

9 UNDERSTANDING WAS IS THAT OTHER THAN THE EVIDENCE=20

10 LISTS, YOU DIDN’T PREPARE ANY REPORTS.=20

11 AM I CORRECT?

12 THE WITNESS: I DID PHOTOGRAPH LISTS AS WELL.=20

13 THE COURT: OKAY. OTHER THAN SOME LISTS, YOU=20

14 DIDN’T PREPARE WHAT WE TRADITIONALLY LOOK AT AS A=20

15 POLICE REPORT OR INVESTIGATIVE REPORT; AM I CORRECT?

16 THE WITNESS: CORRECT.

17 THE COURT: ALL RIGHT. GO AHEAD, COUNSEL.

18 BY MR. FELDMAN:

19 Q BUT DID YOU TAKE NOTES OF YOUR ACTIVITIES,=20

20 THAT IS, SPECIFIC ACTIVITIES IN CONNECTION WITH WHAT=20

21 YOU DID WITH THE EVIDENCE THAT TORGERSEN GAVE YOU?

22 A I DON’T RECALL IF I WROTE IT ON THE NOTE=20

23 PAGE OTHER THAN THE CHAIN OF CUSTODY THAT I KNOW OF=20

24 I HAVE.=20

25 Q OKAY. NOW YOU’VE REFERRED TO THE CHAIN OF=20

26 CUSTODY. I TAKE IT WHAT YOU MEAN TO COMMUNICATE IS=20

27 — WELL, LET ME WITHDRAW THAT.=20

28 I ASKED YOU A QUESTION EARLIER AND AT LEAST=20

Page 340

1 MY NOTES SAID YOU ANSWERED I HAVE A CHAIN OF CUSTODY=20

2 TO REFLECT YOUR BEHAVIOR, IS WHAT YOU DID. CAN YOU=20

3 TELL US WHAT DO YOU MEAN BY OR WHAT DID YOU MEAN BY=20

4 YOUR CHAIN OF CUSTODY?

5 A THE CHAIN OF CUSTODY IS A SPECIFIC FORM=20

6 THAT WE USE IN THE LABORATORY, WHICH SHOWS THE=20

7 PERSON WHO RELEASED AN ITEM, RECEIVED THE ITEM. IT=20

8 DESCRIBES THE ITEM AND THE DATE.=20

9 THE COURT: THAT’S THE CHECK-IN SHEET WHEN YOU=20

10 TURN IN EVIDENCE; CORRECT?

11 THE WITNESS: YES.

12 THE COURT: OKAY.

13 BY MR. FELDMAN:

14 Q CHECK-IN SHEET IS SLIGHTLY DIFFERENT=20

15 BECAUSE ON THE CHAIN OF CUSTODY THAT YOU’RE=20

16 REFERRING TO, IT ALSO REFLECTS COMPUTER LABELS,=20

17 DOESN’T IT?

18 A NO, I’M NOT SURE WHAT YOU’RE REFERRING TO.=20

19 Q HAS THE TECHNOLOGY WITHIN THE POLICE=20

20 DEPARTMENT EVOLVED TO THE POINT WHERE AT LEAST YOU=20

21 UTILIZE COMPUTER LABELING OR SCANNING DEVICES TO=20

22 ASSIST YOU IN TRACKING PARTICULAR PIECES OF EVIDENCE=20

23 IN LARGE-EVIDENCE-VOLUME-TYPE CASES?

24 A NOT TO MY KNOWLEDGE, NO.=20

25 Q SO THEN I — STRIKE THAT.=20

26 IT’S THE CASE, THEN, THAT IN THIS CASE=20

27 THERE IS NO MASTER COMPUTER LIST MAINTAINING ALL OF=20

28 THE PIECES OF EVIDENCE BUT ONLY A DOCUMENT TO WHICH=20

Page 341

1 THAT YOU CALL AN INTERNAL CHAIN OF CUSTODY; IS THAT=20

2 RIGHT?

3 A YES.

4 MR. FELDMAN: IF I COULD APPROACH?

5 THE COURT: YOU MAY.

6 BY MR. FELDMAN:

7 Q I’M SHOWING YOU JUST A PIECE OF PAPER.=20

8 MR. FELDMAN: COUNSEL, 1299 OF THE DISCOVERY.=20

9 THE COURT: HE DIDN’T BRING HIS NOTEBOOK. LET=20

10 HIM SEE IT.

11 MR. FELDMAN: NO, OF COURSE.

12 BY MR. FELDMAN:=20

13 Q I’M JUST ASKING YOU: WHEN YOU REFER TO=20

14 “YOUR CHAIN OF CUSTODY” — I’M SHOWING YOU A PIECE=20

15 OF PAPER. I’M DELIBERATELY NOT MARKING IT BECAUSE I=20

16 DON’T WANT TO LOSE IT. IF I HAVE TO MARK IT, I’LL=20

17 MARK IT.

18 IT IS DISCOVERY PAGE 1299. THAT’S JUST OUR=20

19 MASTER BATE SYSTEM. ACTUALLY THEIR MASTER BATE=20

20 SYSTEM.

21 IS THIS DOCUMENT WHAT YOU MEANT TO DESCRIBE=20

22 WHEN YOU WERE DESCRIBING INTERNAL CHAIN OF CUSTODY=20

23 DOCUMENTS?

24 A YES.=20

25 Q AND, FOR INSTANCE, WE SEE THE NAME=20

26 K. LEALCALA; IS THAT RIGHT?

27 A YES.

28 Q IS THAT YOU?

Page 342

1 A THAT’S ME.

2 Q AND IN THE ORDINARY COURSE OF BUSINESS, IS=20

3 THERE SOME WRITING THAT YOU PUT BESIDES YOUR NAME,=20

4 BECAUSE THIS IS — YOUR NAME IS TYPED; RIGHT?

5 A ON THIS FORM.

6 Q WELL, IS THIS FORM A TRUE AND ACCURATE COPY=20

7 OF OTHER INTERNAL CHAIN OF CUSTODY DOCUMENTS IN=20

8 CONNECTION WITH THE DANIELLE VAN DAM, SUSPECT DAVID=20

9 WESTERFIELD CASE?

10 A YES, BUT THEY ARE NOT ALL TYPES.

11 Q OKAY. IN THIS PARTICULAR — WITH REGARD TO=20

12 THE DIS- — THE PAGE NUMBER 1299, DO YOU SEE=20

13 ANYTHING THAT IS YOUR SIGNATURE OR YOUR HANDWRITING?

14 A YES.=20

15 Q COULD YOU PLEASE POINT IT OUT TO ME.

16 A MY INITIALS ARE HERE.=20

17 Q I’M SORRY. WHEN YOU SAID “HERE,” YOU ARE=20

18 REFERRING TO THE TOP — IT APPEARS TO BE THERE’S A=20

19 PROPERTY TAG MWO3863; IS THAT CORRECT?

20 A THAT’S SOMEONE’S INITIALS, YES.

21 Q BUT YOU WERE POINTING TO THE INITIALS THAT=20

22 APPEARED I GUESS DIRECTLY PARALLEL OR PERPENDICULAR,=20

23 I DON’T KNOW WHICH.

24 A THE INITIALS I’M REFERRING TO ARE MINE, ARE=20

25 RIGHT NEXT TO THE TYPED NAME.

26 Q AND YOU WERE ALSO THE EVIDENCE TECHNICIAN=20

27 WHO RECEIVED THE AUDIO TAPE OF THE JAIL CONTACT THAT=20

28 DETECTIVES OTT AND KEYSER TRIED ON THE 28TH; ISN’T=20

Page 343

1 THAT TRUE?

2 MR. CLARKE: OBJECTION, YOUR HONOR; BEYOND THE=20

3 SCOPE.

4 THE COURT: SUSTAINED.

5 BY MR. FELDMAN:

6 Q DID YOU RECEIVE ANY EVIDENCE FROM=20

7 DETECTIVES OTT OR KEYSER OUT OF THE MOTORHOME?

8 MR. CLARKE: SAME OBJECTION.

9 THE COURT: ONE PERSON AT A TIME.=20

10 ASK THE QUESTION AGAIN. I’LL LISTEN=20

11 CAREFULLY.=20

12 AND THE OBJECTION IS BEYOND THE SCOPE; AM I=20

13 CORRECT? I’M GETTING THE OBJECTION BEFORE THE=20

14 QUESTION. SO I CAN LISTEN.=20

15 MR. FELDMAN: I WONDER IF I CAN FIGURE THIS OUT.

16 THE COURT: GO AHEAD.

17 BY MR. FELDMAN:

18 Q DID YOU RECEIVE ANY PIECES OF EVIDENCE FROM=20

19 INSIDE THE MOTORHOME FROM DETECTIVES OTT OR KEYSER?

20 THE COURT: OVERRULED.

21 THE WITNESS: YES.

22 BY MR. FELDMAN:=20

23 Q AND DID EITHER — WERE DETECTIVES OTT OR=20

24 KEYSER INSIDE THE MOTORHOME BEFORE YOU WERE ACTUALLY=20

25 INSIDE THE MOTORHOME, IF YOU KNOW?

26 MR. CLARKE: SAME OBJECTION.=20

27 THE COURT: OVERRULED.=20

28 THE WITNESS: I DON’T THINK THEY WERE IN THERE=20

Page 344

1 BEFORE I WAS.=20

2 BY MR. FELDMAN:

3 Q ARE YOU GUESSING?

4 A I’M NOT SURE IF THEY WERE OR NOT.=20

5 Q OKAY.=20

6 THE COURT: COUNSEL, I LET YOU GO A LITTLE BIT. =20

7 SHE TESTIFIED ABOUT THE FINGERPRINTS, SHE TESTIFIED=20

8 ABOUT THE ITEMS RETRIEVED FROM THE CLEANERS. THAT’S=20

9 ALL SHE TESTIFIED TO. THAT’S WHERE WE’RE GOING TO=20

10 KEEP IT.

11 MR. FELDMAN: YES, YOUR HONOR.

12 BY MR. FELDMAN:

13 Q WHEN YOU ENTERED THE MOTORHOME IN=20

14 PREPARATION FOR REMOVING THE PRINTS, OR AS YOU WERE=20

15 INSPECTING THE AREA TO TRY AND SEE WHAT YOU COULD=20

16 FIND, WAS THERE SOME KIND OF SIGN-IN OR SIGN-OUT=20

17 SHEET SO THAT LATER WE ALL, MEANING THE COURT=20

18 SYSTEM, COULD LEARN WHO HAD BEEN IN THE MOTORHOME=20

19 AND AT WHAT TIME PRIOR TO YOUR ENTRY?

20 A SO YOU’RE ASKING IF THERE WAS A SIGN-IN OR=20

21 SIGN-OUT SHEET?

22 Q YES, MA’AM.

23 A NOT TO MY KNOWLEDGE.=20

24 Q WAS THERE ANY DOCUMENT CREATED, TO YOUR=20

25 KNOWLEDGE, THAT YOU HAD TO SIGN TO REFLECT THE FACT=20

26 THAT YOU HAD BEEN INSIDE THE MOTORHOME?

27 A ONLY MY OWN NOTES.

28 Q OKAY. ONLY YOUR OWN NOTES; RIGHT?

Page 345

1 A UH-HUH.

2 Q SO THEREFORE THERE’S NO MASTER LIST FOR US=20

3 TO RECONSTRUCT WHO, BESIDES YOU, HAD BEEN IN, NOR=20

4 WHEN THEY HAD BEEN IN; CORRECT?

5 A I DON’T KNOW IF THERE IS OR NOT.=20

6 Q CERTAINLY YOU’VE NEVER SEEN ONE; IS THAT=20

7 CORRECT?

8 MR. CLARKE: OBJECTION. I THINK THIS HAS BEEN=20

9 ASKED AND ANSWERED.

10 THE COURT: SUSTAINED.=20

11 BY MR. FELDMAN:

12 Q REDIRECTING YOUR ATTENTION TO THE LAUNDRY=20

13 BAG. I’M SORRY. IS THERE SOME REASON YOU DID NOT=20

14 INSPECT THE CONTENTS?

15 MR. CLARKE: OBJECTION; ASKED AND ANSWERED.

16 THE COURT: OVERRULED. I DON’T REMEMBER THE=20

17 ANSWER.=20

18 THE WITNESS: AGAIN, ARE YOU REFERRING TO THE=20

19 CLOTHING THAT I RECEIVED FROM THE DRY CLEANERS?

20 BY MR. FELDMAN:

21 Q YES, I’M SORRY. YES.

22 A THE REASON I DID NOT GO THROUGH THE BAG OF=20

23 CLOTHING IS BECAUSE I KNEW I WAS TURNING IT OVER TO=20

24 THE CRIMINALIST AND I DECIDED NOT TO OPEN IT IN THE=20

25 LABORATORY IN THE AREA THAT I WORKED IN. =20

26 Q SO THEREFORE IT WOULDN’T HAVE BEEN OR IS=20

27 NOT YOUR FUNCTION TO EVALUATE PIECES OF EVIDENCE,=20

28 CLOTHING, FOR INSTANCE, FOR TRACE EVIDENCE; IS THAT=20

Page 346

1 CORRECT?

2 A I’M NOT A TRACE EVIDENCE ANALYST, NO.=20

3 Q WELL, I DIDN’T ASK WHETHER YOU WERE A TRACE=20

4 ANALYST, EVIDENCE ANALYST. I ASKED WHETHER IT WAS=20

5 PART OF YOUR JOB TO EVALUATE SCENES FOR PURPOSES OF=20

6 IDENTIFYING TRACE EVIDENCE.

7 A I DO LOOK FOR TRACE EVIDENCE AT SCENES,=20

8 YES.

9 Q AND DO YOU ALSO LOOK FOR TRACE EVIDENCE ON=20

10 PIECES OF PROPERTY THAT MAY BE LOCATED BY LAW=20

11 ENFORCEMENT?

12 A YES.=20

13 Q SO IN THIS PARTICULAR CASE, THOUGH, YOU DID=20

14 NOT LOOK AT THE LAUNDRY BAG WITH THE THREE PIECES OF=20

15 CLOTHING IN IT FOR EVALUATION OF TRACE EVIDENCE EVEN=20

16 THOUGH IN THE PAST YOU’VE DONE SO; THAT’S CORRECT,=20

17 ISN’T IT?

18 MR. CLARKE: I THINK THAT’S ARGUMENTATIVE.

19 THE COURT: SUSTAINED.

20 IN CASE YOU’RE WONDERING, I WANT TO FINISH=20

21 WITH THIS WITNESS BEFORE WE BREAK.

22 MR. FELDMAN: I UNDERSTAND. SO DO I.

23 BY MR. FELDMAN:

24 Q YOU TOLD US IN ONE OF MY EARLIER QUESTIONS,=20

25 I ASKED YOU WHETHER OR NOT OTT OR KEYSER HAD BEEN=20

26 INSIDE THE MOTORHOME, I THINK BEFORE YOU GOT THERE,=20

27 AND I THINK YOU SAID YOU COULDN’T REMEMBER OR YOU=20

28 DIDN’T KNOW. BUT, AGAIN, THAT’S MY MEMORY.=20

Page 347

1 MY QUESTION TO YOU IS, AND I JUST TRIED TO=20

2 FOCUS YOU, MA’AM, THAT’S ALL I’M TRYING TO DO: DO=20

3 YOU REMEMBER WHETHER OR NOT EITHER OTT OR KEYSER=20

4 WERE EVER IN THE MOTORHOME WHILE YOU WERE THERE?

5 A YES.=20

6 Q YOUR ANSWER YES, BECAUSE MY QUESTION IS=20

7 SOMEWHAT AMBIGUOUS. I ASKED YOU WHETHER YOU=20

8 REMEMBERED AND YOU SAID YES. SO NOW THAT I KNOW YOU=20

9 REMEMBER, CAN YOU TELL US WHAT YOU REMEMBER, PLEASE.

10 A THAT THEY WERE IN THE MOTORHOME AT THE SAME=20

11 TIME I WAS.=20

12 Q ALL RIGHT. DID EITHER OTT OR KEYSER, DID=20

13 YOU EVER SEE EITHER OF THEM IN THE AREA SIMILAR OR=20

14 CLOSE TO WHERE YOU WERE ACTUALLY ENGAGED IN=20

15 ATTEMPTING TO LIFT PRINTS?

16 A CERTAINLY NOT AT THE TIME I WAS LIFTING=20

17 THEM, I DON’T REMEMBER, NO.=20

18 Q HOW ABOUT BEFORE YOU WERE LIFTING THEM BUT=20

19 WHILE YOU WERE STILL IN THE MOTORHOME?

20 A I DON’T EVEN REMEMBER IF THEY WERE THERE ON=20

21 THAT PARTICULAR DAY THAT I LIFTED THE PRINTS.=20

22 Q BUT YOU REMEMBER A DAY WHERE YOU WERE=20

23 INSIDE THE MOTORHOME AND AT THE SAME TIME=20

24 MISTERS OTT AND KEYSER WERE THERE, TOO; CORRECT?

25 A YES.

26 MR. FELDMAN: NO FURTHER QUESTIONS.

27 THE COURT: ANYTHING FURTHER, COUNSEL?

28 MR. CLARKE: YES, YOUR HONOR.

Page 348

1 REDIRECT EXAMINATION

2 BY MR. CLARKE:=20

3 Q MISS LEALCALA, THE SEARCH THAT YOU=20

4 CONDUCTED THAT RESULTED IN RETRIEVING THE LATENT=20

5 FINGERPRINTS, I BELIEVE YOU SAID WAS FEBRUARY 8; IS=20

6 THAT CORRECT?

7 A YES.

8 Q DID YOU HAVE OCCASION TO, AND I THINK YOU=20

9 HAD SAID THAT YOU WERE ACTUALLY IN THE MOTORHOME=20

10 SEARCHING FOR EVIDENCE ON A PRIOR OCCASION; IS THAT=20

11 RIGHT?

12 A YES.=20

13 Q WAS ONE OF THOSE OR AT LEAST THAT OCCASION,=20

14 IF NOT ONE OF MORE THAN ONE OCCASION PRIOR TO=20

15 FEBRUARY 8TH, WERE YOU PRESENT WHEN A CRIMINALIST=20

16 NAMED ANNETTE PEER WAS ALSO IN THE MOTORHOME AT THE=20

17 SAME TIME AS YOU?

18 A YES.

19 MR. FELDMAN: SCOPE.=20

20 THE COURT: COUNSEL, YOU’RE PROBABLY RIGHT, BUT=20

21 I GAVE YOU LATITUDE, I’M GOING TO GIVE HIM LATITUDE=20

22 TO A CERTAIN EXTENT.

23 MR. CLARKE: THANK YOU, YOUR HONOR.

24 BY MR. CLARKE:

25 Q DURING THE COURSE OF YOUR PRESENCE IN THE=20

26 MOTORHOME, AND I’M SORRY, DID YOU SAY THE DATE, WHAT=20

27 THAT WAS? AND I’M REFERRING TO PRIOR TO=20

28 FEBRUARY 8TH.

Page 349

1 A I WAS THERE ON A COUPLE OF DIFFERENT DAYS.

2 Q THE OCCASION WITH ANNETTE PEER, WHAT WAS=20

3 THAT DATE?

4 A IF I LOOK AT MY EVIDENCE LIST, I COULD TELL=20

5 YOU THAT.

6 Q WOULD THAT REFRESH YOUR RECOLLECTION?

7 A YES.=20

8 Q WOULD YOU PLEASE DO SO.

9 A I KNOW I WAS THERE ON FEBRUARY THE 6TH AND=20

10 SO WAS CRIMINALIST ANNETTE PEER.

11 Q AT THAT TIME ON FEBRUARY 6TH, WERE YOU=20

12 AWARE WHETHER OR NOT MISS PEER HAD LOCATED A BLOOD=20

13 STAIN ON THE CARPET ON THAT DATE?

14 MR. FELDMAN: YOUR HONOR, ASSUMES FACTS NOT IN=20

15 EVIDENCE AND BEYOND THE SCOPE.

16 THE COURT: SUSTAINED. I GAVE YOU SOME=20

17 LATITUDE, BUT THAT’S — YOU RAN OUT OF SPACE.

18 MR. CLARKE: THANK YOU, YOUR HONOR.

19 BY MR. CLARKE:=20

20 Q WITH RESPECT TO THAT DATE OF FEBRUARY 6=20

21 WHEN YOU WERE PRESENT WITH ANNETTE PEER, DID YOU=20

22 OBSERVE HER LOCATION OF A BLOOD STAIN?

23 MR. FELDMAN: ASSUMES FACTS NOT IN EVIDENCE. =20

24 OBJECTION. AND CALLS FOR A CONCLUSION.

25 THE COURT: IT’S BEYOND THE SCOPE AND I’M NOT=20

26 GOING TO ALLOW IT.=20

27 MR. CLARKE: VERY GOOD. THANK YOU, YOUR HONOR.

28 THE COURT: ANYTHING FURTHER?

Page 350

1 MR. CLARKE: I’M SORRY. ACTUALLY, I HAVE A=20

2 COUPLE MORE QUESTIONS.

3 THE COURT: GOOD.

4 BY MR. CLARKE:=20

5 Q WITH REGARD TO YOUR DESCRIPTION OF AN=20

6 EVIDENCE LIST, YOU COMPILED THAT EVIDENCE LIST BASED=20

7 ON YOUR ACTIONS IN SEARCHING THE MOTORHOME AND ANY=20

8 OTHER SEARCHES YOU CONDUCTED; IS THAT CORRECT?

9 MR. FELDMAN: OBJECTION; LEADING.

10 THE COURT: OVERRULED.

11 THE WITNESS: YES.

12 BY MR. CLARKE:=20

13 Q WITH REGARD TO THAT EVIDENCE LIST — FIRST=20

14 OF ALL, DO YOU HAVE THAT IN FRONT OF YOU?

15 A YES, I DO.

16 Q HOW MANY PAGES IS IT, FIRST OF ALL?

17 A 20 PAGES.=20

18 Q AND IS IT SIGNED BY YOU?

19 A YES, IT IS.=20

20 Q DOES THAT, IN FACT, LIST THE VARIOUS ITEMS=20

21 THAT YOU SEIZED IN YOUR INVESTIGATION OF THE=20

22 DISAPPEARANCE OF DANIELLE VAN DAM?

23 A YES.

24 Q DOES IT ALSO INCLUDE — BY THE WAY, AT THE=20

25 TOP, IF I CAN DIRECT YOUR ATTENTION TO THE FIRST=20

26 PAGE.=20

27 FIRST OF ALL, WHAT’S THE DOCUMENT ENTITLED?

28 A “EVIDENCE LIST.” =20

Page 351

1 Q WELL, IN PARTICULAR, THE 20-PAGE DOCUMENT,=20

2 IS THERE A TITLE UNDERNEATH THE HEADING “SAN DIEGO=20

3 POLICE DEPARTMENT”?

4 MR. FELDMAN: SCOPE. OBJECTION.=20

5 THE COURT: OVERRULED.=20

6 THE WITNESS: YES.

7 BY MR. CLARKE:=20

8 Q WHAT IS THAT TITLE?

9 A IT SAID “FIELD SERVICES UNITS, LABORATORY=20

10 REPORT.”

11 Q AND THIS IS WHAT YOU FILLED OUT?

12 A YES.=20

13 Q AND, IN FACT, DOES THAT INCLUDE A=20

14 DESCRIPTION BY YOU OF YOUR ACTIONS IN OBTAINING=20

15 EVIDENCE IN THIS CASE?

16 A YES.=20

17 Q DOES IT INCLUDE, FOR EXAMPLE, A LISTING BY=20

18 YOU OF THE JACKET THAT WE’VE BEEN SPEAKING ABOUT=20

19 THAT YOU OBTAINED FROM DETECTIVE TORGERSEN?

20 A IT INCLUDES THAT, YES.

21 Q AND INCLUDING THE CIRCUMSTANCES OF HOW YOU=20

22 OBTAINED IT FROM DETECTIVE TORGERSEN?

23 A YES.

24 Q AND, IN FACT, ON THE FIRST PAGE OF THE=20

25 REPORT, DOES IT DESCRIBE, FOR EXAMPLE, YOUR=20

26 OBTAINING OF EVIDENCE WHERE, WHEN, AND DETAILS SUCH=20

27 AS THAT?

28 A YES.=20

Page 352

1 MR. CLARKE: THANK YOU. NO FURTHER QUESTIONS.

2 THE COURT: COUNSEL?=20

3 =20

4 RECROSS-EXAMINATION

5 BY MR. FELDMAN:

6 Q JUST MR. CLARKE DIRECTED YOUR ATTENTION TO=20

7 THE TOP, AT THE VERY TOP WHERE IT SAYS “FIELD=20

8 SERVICES LAB REPORT.” MOVE YOUR EYES DOWN ABOUT, I=20

9 DON’T KNOW, THREE INCHES.=20

10 WHAT DO THOSE TWO WORDS SAY?

11 “EVIDENCE LIST,” DO YOU SEE THAT?

12 A YES.=20

13 Q WHEN YOU USE THE WORD “REPORT,” DO YOU MEAN=20

14 TO DESCRIBE AN EVIDENCE LIST OR SOMETHING DIFFERENT?

15 A WHEN ARE YOU REFERRING TO WHEN I’M USING=20

16 THE WORD “REPORT?”

17 Q PARDON ME?

18 A WHEN ARE YOU REFERRING TO WHEN I’M USING=20

19 THE WORD “REPORT?”

20 Q DIDN’T YOU TELL ME EARLIER THAT YOU’RE=20

21 TRAINED TO PREPARE REPORTS?

22 A YES.

23 Q OKAY. WHEN YOU TOLD ME EARLIER THAT YOU=20

24 WERE TRAINED TO PREPARE REPORTS, YOU DIDN’T MEAN TO=20

25 COMMUNICATE THAT A REPORT WAS THE SAME THING AS AN=20

26 EVIDENCE LIST; RIGHT?

27 MR. CLARKE: OBJECTION; ARGUMENTATIVE.

28 THE COURT: SUSTAINED.

Page 353

1 BY MR. FELDMAN:

2 Q WHAT YOU’RE LOOKING AT IN FRONT OF YOU THAT=20

3 MR. CLARKE DIRECTED YOUR ATTENTION TO, THAT’S AN=20

4 EVIDENCE LIST; ISN’T IT?

5 MR. CLARKE: OBJECTION; ARGUMENTATIVE.=20

6 THE COURT: SUSTAINED.

7 BY MR. FELDMAN:=20

8 Q IS WHAT YOU’RE LOOKING AT AN EVIDENCE LIST?

9 THE REPORTER: HOLD ON A MINUTE.

10 THE COURT: SUSTAINED. YOU DON’T HAVE TO=20

11 ANSWER. WHEN I SUSTAIN AN OBJECTION, YOU DON’T NEED=20

12 TO ANSWER.=20

13 ARGUMENTATIVE. I’LL FIGURE OUT IF IT’S AN=20

14 EVIDENCE LIST OR A REPORT. MAYBE IT’S BOTH. I=20

15 DON’T KNOW.

16 NEXT.

17 BY MR. FELDMAN:

18 Q YOU TOLD MR. CLARKE JUST NOW THAT ON A=20

19 COUPLE OF DIFFERENT OCCASIONS YOU HAD BEEN INSIDE=20

20 THE MOTORHOME. WHAT NUMBER DO YOU MEAN TO=20

21 COMMUNICATE WHEN YOU USE THE WORD “COUPLE”?

22 A THERE WAS A FEW DIFFERENT DAYS.=20

23 THE COURT: CAN YOU PUT A NUMBER ON IT?

24 THE WITNESS: IT WAS AT LEAST THREE TIMES,=20

25 PROBABLY MORE THAN THAT.=20

26 BY MR. FELDMAN:

27 Q TEN TIMES?

28 A I’D HAVE TO LOOK AT MY REPORTS TO VERIFY=20

Page 354

1 THAT.=20

2 Q AT LEAST FOR NOW, YOU’D AGREE SOMEWHERE=20

3 BETWEEN THREE TO TEN TIMES, AT LEAST?

4 A IT WAS AT LEAST THREE TIMES, YES.

5 Q AND YOU’RE NOT RULING OUT — DO YOU WANT TO=20

6 LOOK AT SOMETHING ELSE TO REFRESH YOUR RECOLLECTION=20

7 ON THAT ISSUE; IS THAT CORRECT, MA’AM?

8 A CORRECT.

9 MR. FELDMAN: NO FURTHER QUESTIONS.

10 THE COURT: ANYBODY HAVE ANYTHING FURTHER?

11 MR. CLARKE: NO.

12 MR. FELDMAN: YOUR HONOR?

13 THE COURT: YES, PLEASE?

14 MR. FELDMAN: NOTES.

15 THE COURT: I’VE ALREADY INDICATED THAT SHE=20

16 SHOULD TURN THEM OVER TO THE DISTRICT ATTORNEY’S=20

17 OFFICE AND IN DUE COURSE. AND WE’LL MAKE SURE THAT=20

18 YOU HAVE A COPY.

19 MR. FELDMAN: THANK YOU.

20 THE COURT: WE’RE OFFICIALLY IN RECESS. WE’RE=20

21 IN RECESS UNTIL A QUARTER TO 2:00. THANK YOU.=20

22 (PROCEEDINGS ADJOURNED.)

23 * * *

24 =20

25 =20

26 =20

27 =20

28