5 – March 14, 2002 Morning – Transcript of David Westerfield preliminary hearing

PRELIMINARY HEARING SAN DIEGO, CALIFORNIA; THURSDAY, 3-14-02; 9:00 A.M.


WITNESS:
Brenda Van Dam


Page 472

1

2 -0-

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

4 THE COURT: GOOD MORNING. ALL RIGHT. WE’RE

5 BACK ON THE RECORD.

6 COUNSEL, YOU’RE STANDING, THAT MEANS YOU

7 HAD SOMETHING TO SAY?

8 MR. FELDMAN: GOOD MORNING, YOUR HONOR.

9 IN YESTERDAY’S NEWSPAPER AN ARTICLE


10 APPEARED WHICH ESSENTIALLY READS — WELL, IT WAS IN

11 THE “UNION-TRIBUNE” AND I’VE SHOWN IT TO COUNSEL.

12 I’D BE HAPPY TO SHOW IT TO YOUR HONOR. IT SAYS THAT

13 PRIVATELY LAW ENFORCEMENT SOURCES HAVE SAID THEY

14 BELIEVE MR. WESTERFIELD KIDNAPPED THE GIRL WITH A

15 PARTICULAR PURPOSE IN MIND.

16 IT WOULD SEEM, ALTHOUGH SOMEWHAT AMBIGUOUS,

17 AS THOUGH THIS MIGHT CONSTITUTE A BREACH OF THE

18 COURT’S GAG ORDER. AGAIN, THE DEFENSE’ CONCERN IS

19 THAT THERE NOT BE LEAKS OUT.

20 AND I DON’T THINK MR. DUSEK OR MR. CLARKE

21 HAVE ANYTHING WHATSOEVER TO DO WITH THIS. I’M NOT

22 MAKING ANY ALLEGATIONS IN THEIR DIRECTION. I’M JUST

23 CONCERNED THAT YOUR HONOR’S ORDER BE FOLLOWED BY

24 EVERYBODY IN LAW ENFORCEMENT AND NOT JUST THE

25 PROSECUTION LAWYERS.

26 THE COURT: THANK YOU FOR BRINGING THAT TO MY

27 ATTENTION. I EXPECT THE ORDER TO BE COMPLIED WITH.

28 IF YOU HAVE ANY MOTIONS TO FILE, OR ANY CONTEMPTS TO

Page 473

1 BRING, PLEASE DO SO.

2 NEXT WITNESS, PLEASE.

3 MR. DUSEK: BRENDA VAN DAM.

4

5 BRENDA VAN DAM,

6 PEOPLE’S WITNESS, HAVING BEEN FIRST DULY SWORN,

7 TESTIFIED AS FOLLOWS:

8

9 THE COURT: PLEASE TAKE THE STAND.

10 GOOD MORNING. PLEASE HIT THAT MICROPHONE.

11 PLEASE TELL US YOUR NAME.

12 THE WITNESS: BRENDA VAN DAM.

13 THE COURT: WOULD YOU SPELL IT, MA’AM.

14 THE WITNESS: B-R-E-N-D-A, V-A-N, D-A-M.

15

16 DIRECT EXAMINATION

17 BY MR. DUSEK:

18 Q MRS. VAN DAM, ARE YOU MARRIED?

19 A YES.

20 Q WHO ARE YOU MARRIED TO?

21 A DAMON VAN DAM.

22 Q WHEN DID YOU GET MARRIED?

23 A MARCH 11TH, 1989.

24 Q SO YOU’VE BEEN MARRIED HOW MANY YEARS?

25 A THIRTEEN YEARS.

26 Q JUST HAD AN ANNIVERSARY?

27 A YES.

28 Q WHERE DO YOU LIVE?

Page 474

1 A SABRE SPRINGS.

2 Q WHAT’S THE ADDRESS?

3 A 12011 MOUNTAIN PASS ROAD.

4 Q SABRE SPRINGS IS IN WHAT PART OF THE CITY?

5 A SAN DIEGO.

6 Q UP IN NORTH COUNTY?

7 A YES.

8 Q DO YOU HAVE ANY CHILDREN?

9 A I HAVE THREE CHILDREN.

10 Q WHAT’S THE OLDEST CHILD’S NAME?

11 A (WITNESS CRYING.)

12 Q GO AHEAD AND USE —

13 A DERRICK.

14 THE COURT: IS THERE WATER UP THERE ALSO?

15 MR. DUSEK: THERE IS.

16 BY MR. DUSEK:

17 Q HOW OLD IS DERRICK?

18 A NINE.

19 Q WHAT WAS HIS BIRTHDAY?

20 A MARCH 9TH, 1992.

21 Q SO HE JUST HAD A BIRTHDAY?

22 A YES.

23 Q WHAT GRADE’S HE IN?

24 A FOURTH.

25 Q IS DANIELLE YOUR SECOND CHILD?

26 A YES.

27 Q WHAT WAS HER BIRTHDAY?

28 A SEPTEMBER 22, 1994.

Page 475

1 Q WHAT GRADE WAS SHE IN?

2 A SECOND.

3 Q AND YOUR THIRD CHILD WAS WHOM?

4 A DYLEN. DYLEN IS FIVE.

5 THE COURT: HOW DO YOU SPELL DYLEN?

6 THE WITNESS: D-Y-L-E-N.

7 THE COURT: COUNSEL, AT ANY TIME YOU NEED A

8 BREAK, LET ME KNOW.

9 BY MR. DUSEK:

10 Q YOU LET US KNOW IF YOU NEED TO TAKE A

11 BREAK. WE’LL ACCOMMODATE YOUR SITUATION.

12 A OKAY.

13 Q DOES DYLEN GO TO SCHOOL?

14 A YES. HE’S IN KINDERGARTEN.

15 Q YOUR HOUSE THERE IN SABRE SPRINGS, ONE

16 STORY OR TWO STORY?

17 A TWO.

18 Q HOW LONG HAVE YOU LIVED THERE?

19 A APPROXIMATELY THREE-AND-A-HALF YEARS.

20 Q DO YOU REMEMBER ABOUT WHEN YOU MOVED IN?

21 A I THINK IT WAS IN APRIL.

22 Q OF WHAT YEAR? DO YOU REMEMBER?

23 A I DON’T.

24 Q ALL RIGHT. THE BEDROOMS IN YOUR HOUSE,

25 WHERE ARE THEY LOCATED, FIRST OR SECOND FLOOR?

26 A SECOND FLOOR.

27 Q I ASSUME THERE’S A STAIRWAY IN THE HOUSE TO

28 GET UPSTAIRS.

Page 476

1 A YES.

2 Q WHEN YOU COME UP THE STAIRWAY AND GET TO

3 THE SECOND FLOOR, WHICH WAY DO YOU TURN TO GO TO

4 YOUR BEDROOM, THE MASTER BEDROOM?

5 A RIGHT.

6 Q AND HOW ABOUT TO THE KIDS’ BEDROOM, WHICH

7 WAY DO YOU TURN?

8 A LEFT.

9 Q AS YOU TURN LEFT TO GO TO THE KIDS’

10 BEDROOMS, WHICH IS THE FIRST ONE YOU COME TO?

11 A DYLEN’S.

12 Q WHEN HIS DOOR IS CLOSED, IS THERE ANYTHING

13 ON HIS DOOR THAT WOULD INDICATE ANYTHING AT ALL

14 ABOUT THE TYPE OF PERSON, MALE, FEMALE, SEX,

15 ANYTHING OF THE PERSON —

16 A HE HAS TARZAN ON HIS DOOR.

17 Q WHAT DO YOU MEAN TARZAN?

18 A IT’S LIKE A 3-D STICKER ON HIS DOOR.

19 Q WHERE ON THE DOOR?

20 A IT’S DOWN AT HIS LEVEL. HE PUT IT ON.

21 Q HOW BIG IS IT?

22 A IT’S ABOUT THIS BIG.

23 THE COURT: SHOW ME.

24 THE WITNESS: (WITNESS INDICATING.)

25 BY MR. DUSEK:

26 Q ABOUT A FOOT?

27 A NO, ACTUALLY, IT’S PROBABLY ABOUT — I’M

28 NOT SURE OF THE SIZE.

Page 477

1 MAYBE SIX INCHES BY SIX INCHES.

2 Q WHAT COLORS?

3 A GREEN AND YELLOW AND BROWN.

4 Q KIND OF BRIGHT?

5 A YES.

6 Q THE NEXT BEDROOM THAT YOU WOULD COME TO

7 WOULD BE WHOSE BEDROOM?

8 A DANIELLE’S.

9 Q DOES SHE HAVE ANYTHING ON HER DOOR —

10 A SHE HAS.

11 Q — THAT WOULD INDICATE WHETHER OR NOT IT

12 WAS A MALE OR FEMALE IN THAT BEDROOM?

13 A SHE HAS PINK AND PURPLE HEARTS AND FLOWERS.

14 Q ABOUT WHAT SIZE ARE THEY, MA’AM?

15 A THEY ARE, I THINK THEY COULD BE A FOOT LONG

16 ALTOGETHER, AND MAYBE FIVE INCHES IN HEIGHT.

17 Q HOW ARE THEY ATTACHED TO THE DOOR?

18 A THEY’RE WALLPAPER FROM HER BORDER AND I CUT

19 THEM OUT SO THAT I COULD PUT THEM ON THE DOOR. SO

20 THEY’RE GLUED ON.

21 Q CAN YOU ESTIMATE HOW LONG THEY HAVE BEEN

22 THERE? BALLPARK?

23 A APPROXIMATELY TWO YEARS.

24 Q AND AS YOU CONTINUE DOWN THE HALL, DO YOU

25 COME TO A THIRD BEDROOM?

26 A YES.

27 Q WHO’S BEDROOM IS THAT?

28 A DERRICK’S.

Page 478

1 Q DOES HE HAVE ANYTHING ON THE EXTERIOR OF

2 HIS DOOR TO GIVE US A CLUE AS TO WHAT TYPE OF PERSON

3 STAYS IN THERE?

4 A HE HAD A POKEMON STICKER.

5 Q WHAT’S A POKEMON?

6 A THEY’RE TRADING CARDS. IT’S A GAME.

7 Q HOW LONG HAD THAT BEEN ON?

8 A ABOUT TWO YEARS.

9 Q WHERE DID THAT COME FROM?

10 A THE TRADING CARD STORE.

11 Q DID DANIELLE GO TO THE DENTIST?

12 A YES.

13 Q DO YOU REMEMBER THE NAME OF HER DENTIST?

14 A NO, I DON’T. IT’S POWAY DENTAL.

15 Q DO YOU REMEMBER DR. BRAYDEN?

16 DOES THAT NAME RING A BELL AT ALL? IF IT

17 DOES, FINE; IF NOT, THAT’S FINE TOO.

18 A NO.

19 Q AT A POINT IN TIME DURING THIS CASE, DID

20 THE POLICE DEPARTMENT COME TO YOU AND ASK FOR HER

21 DENTAL RECORDS?

22 A YES, THEY DID.

23 Q DID YOU AND YOUR HUSBAND PROVIDE THEM, OR

24 AT LEAST CONSENT FOR THEM TO GO PICK THEM UP?

25 A YES, WE DID.

26 Q YOUR DAUGHTER DANIELLE, DID SHE CUSTOMARILY

27 WEAR ANY JEWELRY?

28 A SHE HAD MICKEY MOUSE EARRINGS IN, AND FOR

Page 479

1 ABOUT TWO YEARS SHE HAD A NECKLACE ON THAT WAS

2 BROWN, STRETCHY, LOOPS.

3 Q DO YOU REMEMBER THE MATERIAL OF THE

4 NECKLACE?

5 A PLASTIC.

6 Q IS MICKEY MOUSE EARRINGS, CAN YOU DESCRIBE

7 THEM FOR US, SIZE AND COLOR, THAT TYPE OF THING?

8 A THEY HAVE BLUE STONES. THERE’S ONE MAIN

9 STONE FOR THE FACE AND THEN TWO FOR THE EARS. ONE

10 FOR EACH EAR.

11 Q ARE THEY PIERCED EARS?

12 A YES.

13 Q HER EARS WERE PIERCED?

14 A YES.

15 Q HOW OFTEN DID SHE WEAR THOSE?

16 A WE HAD JUST GOTTEN THEM — WE WENT TO

17 DISNEYWORLD THE DAY AFTER CHRISTMAS, WE FLEW TO

18 FLORIDA AND WE CAME BACK ON THE 2ND OF JANUARY.

19 Q WOULD SHE WEAR THEM LIKE ALL DAY OR WOULD

20 SHE TAKE THEM OUT AT NIGHT?

21 A SHE WORE THEM ALL THE TIME.

22 Q YOU LET HER WEAR THEM ALL THE TIME?

23 A YES.

24 Q HOW ABOUT THE NECKLACE, HOW OFTEN WOULD SHE

25 WEAR THAT?

26 A SHE NEVER TOOK IT OFF.

27 Q YOU DIDN’T MAKE HER TAKE IT OFF AT NIGHT?

28 A NO.

Page 480

1 Q DID SHE SHARE THAT NECKLACE WITH ANYONE

2 ELSE, ANY OTHER PEOPLE HAVE COMMON NECKLACE?

3 A SHE NEVER SHARED IT WITH ANYONE. BUT IT’S

4 A COMMON NECKLACE.

5 Q IT’S A BAD QUESTION ON MY PART.

6 DID SHE AND ANY OF HER OTHER FRIENDS HAVE

7 THE SAME TYPE OF NECKLACE, THAT YOU REMEMBER?

8 A YES.

9 Q CAN YOU DESCRIBE FOR US HOW SHE OR YOU KEPT

10 HER FINGERNAILS?

11 A I THINK SHE BIT THEM.

12 Q KEEP THEM UP A LITTLE BIT, IF YOU WOULD.

13 KEEP THE VOICE UP, IF YOU WILL.

14 A SHE BIT HER NAILS.

15 Q DID YOU EVER HAVE THEM TREATED OR TAKEN TO

16 A MANICURIST, THAT TYPE OF THING, FOR HER?

17 A YES.

18 Q WHAT COLOR WAS HER HAIR?

19 A IT WAS A BROWNISH BLONDE.

20 Q WHAT COLOR IS YOUR HAIR?

21 A BLONDE.

22 Q I DON’T WANT TO EMBARRASS YOU HERE, BUT IS

23 YOUR HAIR COLOR-TREATED?

24 A YES.

25 Q SO THERE WOULD BE CHEMICALS ON YOUR HAIR?

26 A YES.

27 Q OR IF WE WERE TO FIND SOME

28 SIMILAR-APPEARING HAIR, YOUR HAIR WOULD HAVE THE

Page 481

1 CHEMICALS ON IT?

2 MR. FELDMAN: OBJECTION; SPECULATION.

3 THE COURT: SUSTAINED.

4 NEXT QUESTION.

5 BY MR. DUSEK:

6 Q HOW LONG HAVE YOU BEEN TREATING THE HAIR?

7 A MY HAIR?

8 Q YES.

9 A FOR A LONG TIME. I COULDN’T GIVE YOU A

10 DEFINITE DATE.

11 Q HOW ABOUT DANIELLE, WAS HER HAIR

12 COLOR-TREATED?

13 A NEVER.

14 Q DO YOU KNOW DAVID WESTERFIELD?

15 A YES, I DO.

16 Q DO YOU SEE HIM IN COURT TODAY?

17 A YES, I DO.

18 Q WOULD YOU POINT HIM OUT, PLEASE, AND

19 DESCRIBE WHERE HE’S SITTING AND WHAT HE’S WEARING

20 TODAY.

21 A HE’S RIGHT THERE. HE’S WEARING A DARK GRAY

22 SUIT AND A BLUE TIE WITH A WHITE SHIRT.

23 THE COURT: SHE’S IDENTIFIED MR. WESTERFIELD.

24 BY MR. DUSEK:

25 Q HOW IS IT THAT YOU KNOW OF MR. WESTERFIELD?

26 A HE LIVES TWO HOUSES FROM US.

27 Q ON THE SAME STREET?

28 A YES.

Page 482

1 Q HOW FAR ARE YOU FROM THE CORNER, MA’AM,

2 YOUR HOUSE?

3 A WE’RE ONE HOUSE IN.

4 Q SO YOU’RE RIGHT NEXT —

5 A SO WE’RE THE SECOND HOUSE IN, ACTUALLY.

6 Q THERE’S A CORNER HOUSE?

7 A AND THEN WE’RE THE NEXT HOUSE.

8 Q OKAY. DO YOU KNOW WHAT THAT CORNER IS?

9 A IT’S MOUNTAIN PASS AND BRIARLEAF.

10 Q YOU LIVE ON BRIARLEAF — I’M SORRY, YOU

11 LIVE ON MOUNTAIN PASS?

12 A YES.

13 Q AND BRIARLEAF IS THE HOUSE THAT IS WHERE

14 THE CORNER HOUSE IS?

15 A YES.

16 Q IF YOU CROSS OVER BRIARLEAF, WHAT HOUSE DO

17 YOU COME TO?

18 A MR. WESTERFIELD’S.

19 Q DO YOU KNOW IF HE WAS IN THE NEIGHBORHOOD

20 BEFORE OR AFTER YOU GUYS MOVED IN?

21 A BEFORE.

22 Q HOW LONG HAVE YOU KNOWN HIS NAME, IF AT

23 ALL?

24 A I DIDN’T KNOW HIS NAME UNTIL DANIELLE AND I

25 WENT TO SELL GIRL SCOUT COOKIES.

26 Q BEFORE THAT DID YOU HAVE ANY REAL CONTACT

27 WITH HIM?

28 A NOT A LOT, NO.

Page 483

1 Q PASSING EACH OTHER OR SEE EACH OTHER IN THE

2 NEIGHBORHOOD, ANYTHING LIKE THAT?

3 A YES. I’D WAVED TO HIM.

4 Q WOULD HE WAVE BACK?

5 A YES.

6 Q HOW ABOUT THE OTHER PEOPLE IN THE

7 NEIGHBORHOOD, WOULD YOU WAVE TO THEM?

8 A YES.

9 Q WHY?

10 A BECAUSE THEY’RE MY NEIGHBORS.

11 Q DO YOU RECALL ANY BLOCK PARTIES THAT

12 PERHAPS YOU AND MR. WESTERFIELD ATTENDED TOGETHER?

13 A NO.

14 Q CAN YOU ESTIMATE FOR US HOW MANY PERSONAL

15 CONTACTS YOU’VE HAD WITH MR. WESTERFIELD, BY THAT

16 I’M EXCLUDING THE HI-AND-BYE DRIVING DOWN THE STREET

17 TYPE THINGS, WHERE YOU HAD A CHANCE TO EITHER TALK

18 WITH HIM OR BE WITH HIM IN A LOCATION?

19 A APPROXIMATELY FOUR. WAIT A MINUTE. LET ME

20 WAIT. I SHOULD SAY FIVE TO SIX.

21 Q CAN YOU REMEMBER THE FIRST CONTACT THAT

22 YOU’VE HAD WITH HIM, OTHER THAN THE HI-AND-BYE?

23 A I THINK IT WAS SELLING GIRL SCOUT COOKIES

24 THE YEAR BEFORE.

25 Q THE YEAR BEFORE DANIELLE’S DISAPPEARANCE?

26 A YES.

27 Q DID SHE BELONG TO THE GIRL SCOUTS?

28 A YES.

Page 484

1 Q AND OCCASIONALLY THEY HAVE TO GO OUT AND

2 SELL COOKIES?

3 A YES.

4 Q YOU LET HER GO OUT BY HERSELF?

5 A NO.

6 Q WHY NOT?

7 A BECAUSE I DON’T WANT HER GOING DOOR TO DOOR

8 BY HERSELF.

9 Q HOW DO YOU GO ABOUT SELLING COOKIES?

10 WHAT’S THE PROCESS?

11 A WE WOULD GO TO OUR NEIGHBORS AND SHE WOULD

12 RING THE DOORBELL, AND WE WOULD ASK IF THEY WOULD

13 LIKE TO BUY ANY COOKIES. WE’D FILL OUT THE FORM.

14 AND THERE’S A CERTAIN DAY YOU TURN THE FORM IN.

15 AND THEN YOU HAVE TO DELIVER THE COOKIES.

16 Q WHO WOULD DO THE DELIVERING, YOU OR

17 DANIELLE OR —

18 A WELL, WE WOULD TRY TO DO IT TOGETHER.

19 Q AND A YEAR AGO WHEN THE COOKIES WERE SOLD

20 OR AT LEAST GIVEN THE OPPORTUNITY TO BE SOLD AT

21 MR. WESTERFIELD’S HOUSE, DO YOU REMEMBER ANYTHING AT

22 ALL ABOUT THAT CONTACT?

23 A I REMEMBER THAT HE INVITED US IN.

24 Q A YEAR AGO?

25 A A YEAR AGO.

26 Q DID YOU GO IN?

27 A WE STAYED IN THE LIVING ROOM, AND HE FILLED

28 OUT THE ORDER FORM.

Page 485

1 Q DO YOU REMEMBER WHAT HE BOUGHT?

2 A NO.

3 Q WHO WAS WITH YOU ON THAT OCCASION?

4 A DANIELLE.

5 Q DO YOU REMEMBER ANYTHING ELSE ABOUT THAT

6 CONTACT?

7 A NO. I THINK AT THE TIME, HE WAS HAVING

8 RENOVATION DONE TO HIS KITCHEN.

9 Q WHY DO YOU THINK THAT?

10 A BECAUSE IT WAS PLASTIC. THERE WAS PLASTIC

11 THERE. THERE WAS LIKE PLASTIC HANGING DOWN FROM THE

12 CEILING SO THAT DUST WOULDN’T GET OUT.

13 Q WHEN YOU AND DANIELLE WERE SELLING COOKIES

14 ON THAT OCCASION, WAS HE THE ONLY HOUSE THAT YOU

15 WENT TO?

16 A NO.

17 Q WHAT DID YOU DO? HOW MANY PEOPLE DID YOU

18 HIT UP?

19 A PROBABLY FIVE OR SIX.

20 Q AFTER THAT CONTACT A YEAR AGO, CAN YOU

21 REMEMBER WHEN THE NEXT CONTACT WOULD HAVE BEEN?

22 A NO, I CAN’T.

23 Q WHAT’S THE NEXT CONTACT WITH

24 MR. WESTERFIELD THAT STANDS OUT IN YOUR MIND?

25 A WHEN I WENT TO DAD’S, THE FRIDAY BEFORE THE

26 — THE 1ST.

27 Q THE WEEKEND BEFORE DANIELLE WAS MISSING?

28 A YES, THE WEEKEND BEFORE DANIELLE WAS

Page 486

1 MISSING. MY FRIEND WAS MOVING OUT OF TOWN AND WE

2 HAD A GIRLS’ NIGHT OUT, AND HE WAS THERE.

3 Q ON THAT OCCASION, DID YOU KNOW HIS NAME?

4 A NO.

5 Q DIDN’T KNOW HIS FIRST NAME OR LAST NAME?

6 A NO.

7 Q WHY NOT?

8 A I JUST DIDN’T KNOW HIS NAME. I’D NEVER

9 REALLY SPOKEN TO HIM IN DETAIL.

10 Q ON THAT — WHERE IS DAD’S, CAN YOU HELP US

11 OUT?

12 A IT’S IN POWAY, OFF OF POWAY ROAD.

13 Q DESCRIBE THE TYPE OF PLACE.

14 A DURING THE DAY, IT’S A FAMILY RESTAURANT.

15 AND THEN AFTER A CERTAIN TIME AT NIGHT, IT — THEY

16 HAVE A BAND THAT PLAYS ON THE WEEKENDS.

17 Q I ASSUME THEY HAVE A BAR, TOO.

18 A IT’S A BAR. POOL TABLES. YES.

19 Q DO YOU REMEMBER WHEN IT CONVERTS FROM A

20 RESTAURANT INTO BAR AND MUSIC, IF YOU CAN REMEMBER?

21 A I COULD BE GUESSING IF I ANSWERED THAT.

22 Q DON’T DO THAT.

23 A OKAY. I CAN’T.

24 Q NOW, AT OCCASIONS THE WEEK BEFORE DANIELLE

25 WAS MISSING THAT YOU WENT TO DAD’S, WHO ALL DID YOU

26 GO WITH?

27 A I WENT WITH DENISE AND BARBARA.

28 Q FRIENDS OF YOURS?

Page 487

1 A YES.

2 Q HOW LONG HAVE YOU KNOWN BARBARA? ABOUT?

3 A ABOUT SEVEN TO NINE MONTHS.

4 Q HOW ABOUT DENISE, HOW LONG HAVE YOU KNOWN

5 HER?

6 A THREE-AND-A-HALF YEARS.

7 Q THERE WAS AN OCCASION FOR GOING THERE THAT

8 EVENING?

9 A YES. DENISE WAS MOVING.

10 Q WERE ANY ARRANGEMENTS MADE FOR CARING FOR

11 YOUR CHILDREN THAT EVENING WHILE YOU WERE —

12 A MY HUSBAND WAS HOME WITH THEM.

13 THE COURT: I’M SORRY?

14 THE WITNESS: MY HUSBAND WAS HOME WITH THEM.

15 THE COURT: THANK YOU.

16 BY MR. DUSEK:

17 Q CAN YOU RECALL ABOUT WHAT TIME YOU HEADED

18 OUT FOR DAD’S?

19 A THIS IS THE WEEKEND BEFORE DANIELLE WAS

20 MISSING?

21 Q YES.

22 A WE HEADED OUT TO DAD’S APPROXIMATELY

23 BETWEEN 9:00 AND 9:30.

24 Q IN THE EVENING?

25 A YES.

26 Q AND WHOSE VEHICLE, IF YOU CAN REMEMBER?

27 A MINE.

28 Q THE THREE GIRLS WENT IN THE ONE CAR?

Page 488

1 A YES.

2 Q WERE YOU TO MEET UP WITH ANYBODY AT DAD’S?

3 A NO.

4 Q WHAT WAS SUPPOSED TO HAPPEN DOWN THERE AT

5 DAD’S?

6 A WE WERE JUST SUPPOSED TO BE TOGETHER AS

7 FRIENDS AND HAVE A GOOD TIME.

8 MR. FELDMAN: YOUR HONOR, I’M HAVING TROUBLE

9 HEARING THE WITNESS.

10 I APOLOGIZE.

11 THE COURT: I UNDERSTAND. IT’S DIFFICULT.

12 WOULD YOU TRY TO KEEP YOUR VOICE UP A

13 LITTLE BIT AND WE’RE GOING TO TRY TO ADJUST THIS

14 SPEAKER. YOU WEREN’T HERE TO HEAR, BUT THIS IS NOT

15 MY NORMAL DEPARTMENT, SO I’M NOT AS FAMILIAR WITH

16 THE KNOBS AS I WOULD BE. SO IT WILL TAKE ME A

17 SECOND. BUT LET ME TRY.

18 I THINK I DID IT. SAY SOMETHING IN THERE,

19 PLEASE.

20 THE WITNESS: TESTING.

21 THE COURT: HOW’S THAT?

22 MR. FELDMAN: THANK YOU VERY MUCH.

23 BY MR. DUSEK:

24 Q CAN YOU ESTIMATE FOR US HOW LONG YOU STAYED

25 AT DAD’S THAT FIRST OCCASION?

26 A UNTIL CLOSING.

27 Q WHICH IS?

28 A APPROXIMATELY 2:00.

Page 489

1 Q WHAT DID YOU DO DOWN THERE?

2 A WE HAD DRINKS AND WE DANCED.

3 Q WHO’S “WE”?

4 A DENISE AND BARB AND I.

5 Q TOGETHER?

6 A YES.

7 Q DID YOU DANCE WITH ANY GUYS?

8 A I DON’T REMEMBER.

9 Q DO YOU KNOW IF MR. WESTERFIELD WAS THERE

10 THAT EVENING?

11 A YES, HE WAS.

12 Q HOW DO YOU KNOW HE WAS THERE?

13 A HE BOUGHT US A DRINK.

14 Q WHEN DID THAT TAKE PLACE IN THE SEQUENCE OF

15 EVENTS, IF YOU CAN TELL US?

16 A EARLY —

17 Q EARLY? MIDDLE? LATE?

18 A EARLY PART OF THE NIGHT. EARLY PART OF THE

19 EVENING.

20 Q DO YOU KNOW IF HE WAS THERE WHEN YOU FIRST

21 GOT THERE OR DID YOU PAY ATTENTION?

22 A HE WAS THERE WHEN I FIRST GOT THERE.

23 Q WERE YOU ABLE TO RECOGNIZE HIM?

24 A YES.

25 Q HOW?

26 A BECAUSE HE’S TWO DOORS DOWN.

27 Q DID YOU SPEAK WITH HIM?

28 A YES.

Page 490

1 Q WHAT WAS THE CONVERSATION ABOUT?

2 A I DON’T REMEMBER. I DON’T.

3 Q ANYTHING OF SUBSTANCE THAT YOU CAN COME UP

4 WITH?

5 A NO.

6 Q WHAT WAS THE TONE OR THE NATURE OF THE

7 CONVERSATION, THE CONTACT YOU HAD WITH HIM THAT

8 EVENING?

9 A HE BOUGHT US DRINKS. AND DENISE AND I AND

10 BARBARA WERE TOGETHER. SO WE DIDN’T TALK A WHOLE

11 LOT.

12 Q AMONG YOURSELVES OR TO HIM?

13 A TO HIM.

14 Q DO YOU REMEMBER WHAT HE BOUGHT YOU, WHAT

15 YOU WERE DRINKING?

16 A I HAD A CRANBERRY AND VODKA.

17 Q DID HE SAY ANYTHING WHEN HE BOUGHT THE

18 DRINKS OR OFFERED TO BUY THE DRINKS ON THAT

19 OCCASION?

20 A NOT ON THAT OCCASION.

21 Q OKAY. DID YOU HAVE ANY FURTHER CONTACT

22 WITH HIM BESIDES WHAT YOU’VE JUST DESCRIBED THAT

23 EVENING?

24 A I CAN’T REALLY REMEMBER. IT’S BEEN A

25 WHILE. I’VE BEEN THROUGH A LOT. I CAN’T —

26 Q WOULD YOU TRY TO REMEMBER IF THERE WAS

27 ANYTHING NOTEWORTHY ABOUT WHAT HAPPENED THAT NIGHT?

28 A WE’RE TALKING THE WEEKEND BEFORE DANIELLE

Page 491

1 WAS MISSING?

2 Q I AM.

3 A NO.

4 Q WERE THERE POOL TABLES IN DAD’S?

5 A YES.

6 Q ON THAT OCCASION, DO YOU REMEMBER IF YOU

7 PLAYED POOL AT ALL?

8 A NO.

9 Q NO, YOU DIDN’T OR NO, YOU DON’T REMEMBER?

10 A NO, WE DIDN’T.

11 Q WERE THERE ANY GUYS THAT YOU MET UP WITH AT

12 DAD’S THAT OCCASION?

13 A NO.

14 Q WHERE DID YOU GO WHEN YOU LEFT?

15 A BACK TO MY HOUSE.

16 Q WHO DID YOU GO WITH?

17 A I HAD DENISE AND BARBARA IN THE CAR.

18 Q HOW ABOUT MR. WESTERFIELD, DID YOU TAKE HIM

19 HOME?

20 A NO.

21 Q DID YOU SEE HIM LEAVE THE BAR?

22 A NO.

23 Q WERE YOU AWARE OF HIM LEAVING AT ANY TIME

24 THAT EVENING?

25 A NO.

26 Q WHEN YOU GOT HOME THAT EVENING, WHAT

27 HAPPENED?

28 A DENISE AND BARBARA GOT INTO THEIR CAR AND

Page 492

1 WENT HOME.

2 Q WHAT DID YOU DO?

3 A WENT INSIDE AND WENT TO BED.

4 Q THE NEXT TIME THAT YOU HAD CONTACT WITH

5 MR. WESTERFIELD WAS WHEN?

6 A WHEN DANIELLE AND I SOLD GIRL SCOUT

7 COOKIES.

8 Q THAT WOULD BE THE SECOND GIRL SCOUT TRIP?

9 A YES.

10 Q WHERE DID YOU GO TO DO IT?

11 A WE WENT TO THE RIGHT OF MY HOUSE UP THE

12 BLOCK, ACROSS THE STREET, WENT DOWN, THEN WE TURNED

13 RIGHT ON BRIARLEAF AND WENT TO TWO HOUSES AND THEN

14 HIS HOUSE WAS THE LAST HOUSE.

15 Q SO YOU ACTUALLY MADE IT TO HIS HOUSE?

16 A YES.

17 Q WHAT HAPPENED WHEN YOU GOT TO HIS HOUSE FOR

18 THE COOKIE SALE?

19 A HE INVITED US IN.

20 Q DID YOU GO IN?

21 A WE WENT IN. I ASKED HIM IF I COULD SEE THE

22 KITCHEN.

23 Q THE KITCHEN FOR WHAT REASON?

24 A TO SEE THE REMODEL.

25 Q ALL RIGHT. DID HE SHOW YOU THE KITCHEN?

26 A YES.

27 Q DESCRIBE HOW THAT HAPPENED.

28 A WE WALKED INTO THE KITCHEN BUT WE STAYED ON

Page 493

1 THE OUTSIDE OF IT, I GUESS IN THE — I DON’T KNOW

2 WHAT ROOM THAT IS. AND WE WERE STANDING BY THE BAR

3 AREA. AND I LOOKED AT HIS KNOBS ON HIS COUNTERS.

4 WE HAVE GRANITE IN OUR KITCHEN, AND I’VE BEEN

5 THINKING ABOUT CHANGING THE KNOBS. AND THAT’S IT.

6 Q SO YOU DISCUSSED THE KITCHEN REMODEL?

7 A YES.

8 Q HAD IT BEEN COMPLETED SINCE THE OTHER

9 OCCASION YOU’D BEEN IN THE HOUSE?

10 A YES.

11 THE COURT: WHAT DATE WAS THIS, PLEASE?

12 THE WITNESS: I DON’T KNOW THE EXACT DATE THAT I

13 SOLD HIM GIRL SCOUT COOKIES.

14 THE COURT: DO YOU REMEMBER WHAT DAY?

15 THE WITNESS: IT WAS APPROXIMATELY THE TUESDAY

16 OR WEDNESDAY.

17 THE COURT: THAT’S FINE. AS LONG AS I GOT THE

18 RECORD.

19 THE WITNESS: OKAY.

20 BY MR. DUSEK:

21 Q WHO WAS WITH YOU WHEN YOU WENT TO THE HOUSE

22 FOR THE GIRL SCOUT COOKIES?

23 A DANIELLE AND DYLEN.

24 Q DYLEN IS THE YOUNGEST?

25 A YES.

26 Q WHY DID YOU TAKE HIM ALONG?

27 A THERE WAS NOBODY AT HOME. DERRICK HAD A

28 PLAY DATE, SO I COULDN’T LEAVE HIM AT HOME ALONE.

Page 494

1 Q HOW ABOUT DERRICK, WHERE WAS HE?

2 A HE HAD A PLAY DATE, BUT I DON’T EXACTLY

3 REMEMBER WHICH FRIEND HE WAS PLAYING WITH.

4 Q WHAT’S A PLAY DATE?

5 A HE WENT TO A FRIEND’S HOUSE AFTER SCHOOL.

6 Q DO YOU REMEMBER WHAT TIME OF DAY OR NIGHT

7 YOU WENT OUT SELLING THE GIRL SCOUT COOKIES?

8 A I KNOW IT WAS IN THE EVENING BECAUSE WHEN

9 WE WALKED HOME, IT WAS STARTING TO GET — THE SUN

10 WAS GOING DOWN.

11 Q WHAT DID THE CHILDREN DO WHEN YOU WERE IN

12 THE HOUSE SPEAKING WITH MR. WESTERFIELD?

13 A THEY SAW THE POOL OUT BACK, AND THEY ASKED

14 IF THEY COULD GO OUT AND LOOK AT IT.

15 Q WHO DID THEY ASK?

16 A THEY ASKED ME.

17 Q THEN WHAT HAPPENED?

18 A AND I ASKED HIM IF IT WAS OKAY AND HE SAYS

19 AS LONG AS THEY DIDN’T FALL IN. AND THEY WENT OUT

20 BACK FOR A COUPLE OF MINUTES AND LOOKED, AND THEY

21 CAME RIGHT BACK IN.

22 Q WHERE ELSE DID THEY GO IN THE HOUSE?

23 A NOWHERE. DYLEN ASKED TO GO UPSTAIRS AND I

24 TOLD HIM ABSOLUTELY NOT.

25 Q HOW ABOUT DANIELLE, DID SHE ASK OR GO

26 ANYWHERE ELSE BESIDES JUST YOU WENT OUT IN THE

27 BACKYARD?

28 A NO.

Page 495

1 Q DID YOU SEE ANY COMFORTERS IN THE HOUSE?

2 A NOT THAT I RECALL.

3 Q BEDDING, COMFORTERS THAT WOULD HAVE BEEN

4 PILED PERHAPS ON A COUCH OR A COUNTER IN THE AREA

5 WHERE YOU WERE?

6 A NO.

7 Q DID YOU HAVE ANY DISCUSSION WITH

8 MR. WESTERFIELD ASIDE FROM THE REMODELING WHILE YOU

9 WERE IN THE HOUSE WITH HIM THERE?

10 A YES, I DID.

11 Q WHAT DID HE SAY?

12 A HE ASKED ME WHY I DID NOT INTRODUCE HIM TO

13 MY FRIENDS THE WEEKEND BEFORE. HE SAID THEY LOOKED

14 LIKE A LOT OF FUN.

15 Q YOUR FRIENDS WERE WHO?

16 A DENISE AND BARBARA.

17 Q WHAT DID YOU TELL HIM?

18 A AND I TOLD HIM THAT I DIDN’T KNOW HIS NAME.

19 AND I ASKED HIM, YOU KNOW, I SAID, “HOW COULD I HAVE

20 INTRODUCED YOU, I DON’T EVEN KNOW YOUR NAME.”

21 AND HE SAID, “HI, I’M DAVE WESTERFIELD,”

22 AND HE GAVE ME A BUSINESS CARD.

23 Q HE DID THAT RIGHT THEN?

24 A YES.

25 Q DID YOU TAKE IT?

26 A I TOOK IT.

27 Q THEN WHAT HAPPENED?

28 A HE ASKED ME TO TELL MY FRIENDS THAT I HAD A

Page 496

1 RICH NEIGHBOR TO INTRODUCE HIM TO.

2 Q OKAY. WHAT DID YOU TELL HIM?

3 A I TOLD HIM THAT THEY WERE TRYING TO TALK ME

4 INTO GOING TO DAD’S THAT FRIDAY.

5 Q THE COMING FRIDAY?

6 A THE COMING FRIDAY. BUT I WASN’T SURE IF I

7 WAS GOING TO BE GOING BECAUSE MY HUSBAND HAD PLANNED

8 TO TAKE OUR OLDEST SON DERRICK SNOWBOARDING.

9 Q WHERE WERE THEY GOING TO GO?

10 A BIG BEAR.

11 Q SO HE WAS GOING TO TAKE DERRICK, WHO IS THE

12 OLDEST BOY?

13 A YES.

14 Q AT LEAST POSSIBLY?

15 A (NO AUDIBLE RESPONSE.)

16 Q YOU HAVE TO ANSWER OUT LOUD.

17 A YES.

18 Q WHAT ELSE DID YOU TELL HIM ABOUT THAT

19 POSSIBILITY?

20 A I TOLD HIM THAT I WAS GOING TO TRY TO GET A

21 BABY-SITTER SO THAT I COULD GO OUT WITH DENISE AND

22 BARBARA BECAUSE IT WAS HER LAST NIGHT THERE. AND IF

23 I WAS SUCCESSFUL IN GETTING A BABY-SITTER, I WOULD

24 BE THERE.

25 Q AND?

26 A AND I WOULD INTRODUCE HIM TO MY FRIENDS.

27 Q DID HE SHOW ANY INTEREST IN YOU AT ALL?

28 A NO.

Page 497

1 Q WHEN YOU TOLD HIM THAT YOU’D INTRODUCE HIM

2 TO YOUR FRIENDS, WHAT HAPPENED NEXT?

3 A WE WALKED OUTSIDE — WELL, ACTUALLY, HE

4 ASKED ME TO WRITE MY NAME AND PHONE NUMBER ON A

5 PIECE OF PAPER.

6 Q DID HE SAY WHY?

7 A HE SAID THAT HE HAS PARTIES — HE HAS ADULT

8 PARTIES AND THEN HE HAS BARBECUES WHERE HE SUPPLIES

9 THE SALADS AND EVERYBODY BRINGS THE MEAT THAT THEY

10 WANT TO COOK.

11 Q WHEN HE SAID THAT, DID HE SAY ANYTHING

12 ELSE?

13 A NOT THAT I RECALL.

14 Q WHAT DID HE ASK YOU TO DO?

15 A WRITE MY NAME AND MY HUSBAND’S NAME DOWN ON

16 A PIECE OF PAPER HE GAVE ME.

17 Q DID HE SAY WHY?

18 A BECAUSE HE WOULD INVITE US TO A PARTY, I

19 GUESS.

20 Q WHAT DID YOU DO?

21 A I WAS WRITING IT DOWN WHILE HE TOLD ME — I

22 WAS WRITING MY NAME AND NUMBER DOWN AND HE SAID, “I

23 HAVE ADULT PARTIES AND BARBECUES.” AS HE WAS SAYING

24 THAT I WAS WRITING IT DOWN.

25 Q DID YOU COMPLETE — CONTINUE WRITING IT

26 DOWN?

27 A YES, SIR.

28 Q WHAT DID YOU DO WITH IT?

Page 498

1 A I HANDED IT TO HIM.

2 Q WHY?

3 A I DON’T KNOW WHY. I WAS BEING NICE.

4 Q OKAY. HAD YOU EVER BEEN TO A PARTY AT HIS

5 HOUSE?

6 A NO.

7 Q HAD YOU EVER BEEN TO ANY SOCIAL FUNCTION

8 WITH HIM?

9 A NO.

10 Q HAD HE EVER BEEN TO YOUR HOUSE?

11 A NO.

12 Q HAD YOU EVER BEEN TO ANY SOCIAL FUNCTION

13 WHERE YOU AND YOUR HUSBAND WERE TOGETHER WITH HIM OR

14 YOU WERE TOGETHER WITH HIM? LITTLE LEAGUE, GIRL

15 SCOUTS, SCHOOLS, ANYTHING LIKE THAT?

16 A NO.

17 Q ANY OTHER NEIGHBORHOOD PARTIES WHERE YOU’D

18 BEEN WITH HIM?

19 A NO.

20 Q WHAT HAPPENED AFTER YOU GAVE HIM THE PHONE

21 NUMBER?

22 A I BELIEVE WE WALKED OUT FRONT. HE STARTED

23 TALKING ABOUT A PLACE CALLED INCAHOOTS AND HE WANTED

24 ME TO GO THERE, I THINK WEDNESDAY NIGHT WAS SOME

25 KIND OF SPECIAL NIGHT. THAT’S WHY I’M THINKING I

26 SOLD COOKIES ON TUESDAY. HE SAID, “DON’T FORGET TO

27 WEAR YOUR BOOTS TO INCAHOOTS.”

28 AND DANIELLE AND DYLEN WERE PLAYING ON THE

Page 499

1 ROCKS AT THE NEIGHBOR’S HOUSE NEXT TO HIM. AND I

2 KEPT ASKING THEM TO GET OFF THE ROCKS BECAUSE I

3 DIDN’T WANT THEM TO SPREAD THEM OUT AND FOR THE

4 NEIGHBOR TO HAVE TO CLEAN THEM UP. THEN WE WALKED

5 HOME.

6 Q DID MR. WESTERFIELD SAY ANYTHING ABOUT YOUR

7 PESTERING THE KIDS TO GET OUT OF THE ROCKS?

8 A I CAN’T REMEMBER.

9 Q WHERE DID YOU GO FROM THERE?

10 A WE WALKED HOME.

11 Q DID YOU SPEAK WITH ANYBODY ABOUT THE

12 CONVERSATION THE TIME THAT YOU JUST SPENT WITH

13 MR. WESTERFIELD?

14 A I CALLED MY HUSBAND AT WORK.

15 Q WHY?

16 A BECAUSE IT STRUCK ME ODD THAT HE MENTIONED

17 ADULT PARTIES. I DIDN’T KNOW WHAT HE MEANT BY THAT.

18 Q YOU’D NEVER SEEN HIM BEFORE EXCEPT FOR WHAT

19 YOU DESCRIBE HERE?

20 A NEVER.

21 Q WHEN WAS THE NEXT TIME THAT YOU SAW HIM?

22 A AT DAD’S CAFE ON FRIDAY EVENING. NIGHT.

23 Q THAT WOULD BE FEBRUARY 1ST?

24 A YES.

25 Q ARE YOU EMPLOYED, MA’AM?

26 A I WORK FROM THE HOUSE.

27 Q ALL RIGHT. SO THAT FRIDAY, DO YOU RECALL

28 WHAT YOUR ACTIVITIES WERE IN THE AFTERNOON?

Page 500

1 A WELL, DAMON WAS GOING TO ITALY ON BUSINESS.

2 AND HE ASKED ME IF I WOULD LIKE TO BRING THE KIDS

3 ALONG FOR TWO WEEKS. SO HE WAS BUSY PURCHASING

4 TICKETS, AND I WENT AND GOT THE KIDS OUT OF SCHOOL

5 EARLY TO GET THEIR PASSPORT PHOTOS.

6 Q DO YOU REMEMBER WHERE YOU WENT?

7 A I WENT TO A PHOTO SHOP IN CARMEL MOUNTAIN

8 CALLED MOTOPHOTO.

9 Q THEN WHERE DID YOU GO?

10 A I WENT TO STAPLES. I HAD TO MAKE SOME

11 COPIES FOR MY BUSINESS.

12 Q THEN WHERE?

13 A THEN WE WENT TO THE POST OFFICE.

14 Q THEN WHERE?

15 A THEN WE WENT TO MERVYN’S.

16 Q TO DO WHAT?

17 A DYLEN HAD A BIRTHDAY PARTY TO GO TO ON

18 SATURDAY. AND DANIELLE HAD A FATHER-DAUGHTER DANCE

19 THAT WAS PLANNED FOR THURSDAY.

20 Q OF THE FOLLOWING WEEK?

21 A YES.

22 Q THAT WOULD BE A DANCE AT SCHOOL?

23 A YES.

24 Q WHAT DID YOU DO AT MERVYN’S?

25 A DANIELLE TRIED ON A LOT OF CLOTHES. WE

26 WERE TRYING TO FIND SOMETHING SPECIAL, FOR THE

27 THEME. AND WHILE SHE WAS TRYING ON CLOTHES, DYLEN

28 AND DERRICK WALKED OVER TO THE LITTLE TOY SHOP RIGHT

Page 501

1 OUTSIDE OF MERVYN’S AND DERRICK HELPED HIM PICK A

2 PRESENT.

3 Q FOR THE BIRTHDAY PARTY?

4 A FOR THE BIRTHDAY PARTY. WHILE DANIELLE WAS

5 TRYING CLOTHES, I RAN OVER AND PAID FOR THE GIFT AND

6 BROUGHT THE BOYS BACK. SHE WAS STILL IN THE

7 DRESSING ROOM CHANGING. WHEN WE WERE FINISHED, AND

8 SHE HAD DECIDED ON HER GIFT, WE PAID AND THEN WE

9 WENT HOME.

10 Q SO YOU ACTUALLY BOUGHT A DRESS?

11 A WE ACTUALLY BOUGHT AN — ENDED UP BUYING A

12 SPARKLEY SHIRT. THE THEME WAS BE A STAR.

13 Q FROM THERE, YOU WENT WHERE?

14 A HOME.

15 Q CAN YOU ESTIMATE FOR US ABOUT WHAT TIME YOU

16 GOT HOME?

17 A I’M THINKING ABOUT 5:30.

18 Q WAS YOUR HUSBAND HOME?

19 A NO.

20 Q WHERE WOULD HE HAVE BEEN?

21 A HE WAS STILL WORKING.

22 Q WHAT HAPPENED WHEN YOU GOT HOME, MA’AM?

23 A I DECIDED TO ORDER PIZZA.

24 Q YOU WEREN’T GOING TO COOK THAT NIGHT?

25 A NO. IT WAS KIND OF LATE. I DIDN’T PLAN ON

26 BEING OUT THAT LATE WITH THEM.

27 Q ALL RIGHT. AND DID YOU ORDER THE PIZZA?

28 A YES.

Page 502

1 Q FROM?

2 A DOMINO’S.

3 Q THEN WHAT HAPPENED?

4 A WENT TO PICK UP THE PIZZA.

5 Q YOU HAD TO GO GET IT?

6 A UH-HUH.

7 Q THAT’S A YES?

8 A YES. I’M SORRY.

9 Q DID YOU GO WITH ANYBODY TO GET THE PIZZA?

10 A NO.

11 Q OR GO BY YOURSELF?

12 A I WENT BY MYSELF.

13 Q THEN WHERE DID YOU GO?

14 A STRAIGHT HOME.

15 Q THEN WHAT?

16 A WHEN I GOT HOME, MY HUSBAND WAS ALREADY

17 HOME.

18 THE COURT: SAY THAT AGAIN, PLEASE.

19 THE WITNESS: WHEN I GOT HOME, MY HUSBAND WAS

20 ALREADY HOME.

21 BY MR. DUSEK:

22 Q WAS THE SNOWBOARDING TRIP STILL PLANNED?

23 A NO, IT WASN’T.

24 Q WHY NOT?

25 A HE DECIDED — DAMON DECIDED TO TAKE DERRICK

26 ON SUNDAY BECAUSE THAT’S WHEN A FRIEND OF HIS WAS

27 GOING.

28 Q AND AT THAT POINT, WHEN YOU HAD THE PIZZA

Page 503

1 AND YOU WERE EATING YOUR DINNER THERE, HAD

2 ARRANGEMENTS BEEN FINALIZED FOR WHAT YOU WERE GOING

3 TO DO THAT EVENING?

4 A YES.

5 Q WHAT WERE YOU GOING TO DO THAT EVENING?

6 A I WAS GOING TO GO OUT WITH DENISE AND

7 BARBARA.

8 Q FOR WHAT REASON?

9 A BECAUSE DENISE WAS MOVING AWAY ON SUNDAY.

10 Q I THOUGHT THAT’S WHY YOU WENT OUT THE WEEK

11 BEFORE.

12 A THE REASON I WENT OUT THE WEEK BEFORE IS

13 BECAUSE DAMON HAD ALREADY PLANNED TO TAKE DERRICK

14 SNOWBOARDING, AND I TOLD THEM THAT I PROBABLY

15 COULDN’T GO OUT THAT FRIDAY.

16 Q ON THE FRIDAY THAT — ON THE 1ST OF

17 FEBRUARY, YOU’D ALREADY MADE ARRANGEMENTS THAT YOU

18 WERE GOING TO GO?

19 A IN THE —

20 Q I CONFUSED MYSELF.

21 WHEN YOU’RE HAVING PIZZA THERE,

22 ARRANGEMENTS HAD ALREADY BEEN MADE THAT YOU WERE

23 GOING TO GO OUT WITH YOUR FRIENDS DENISE AND

24 BARBARA?

25 A YES.

26 Q HOW WERE YOU GOING TO MEET UP?

27 A THEY DRIVE TO MY HOUSE.

28 Q THEY LIVE IN THE AREA?

Page 504

1 A TIERRASANTA.

2 Q ABOUT WHAT TIME DID THEY ARRIVE, DO YOU

3 REMEMBER?

4 A I THINK BETWEEN 7:30 AND 8:00. CLOSER TO

5 8:00.

6 Q WHO WAS ALL AT YOUR HOUSE JUST RIGHT BEFORE

7 THEY ARRIVED?

8 A DANIELLE, DERRICK, DYLEN, AND DAMON, AND

9 MYSELF.

10 Q THE ENTIRE FAMILY?

11 A YES.

12 Q HAD DINNER BEEN COMPLETED?

13 A YES.

14 Q WHEN THE GIRLFRIENDS SHOW UP, WHAT HAPPENS?

15 A WE — I WAS CLEANING UP IN THE KITCHEN. WE

16 WENT INTO THE GARAGE.

17 Q FOR WHAT REASON?

18 A DENISE AND BARBARA SMOKE CIGARETTES. AND

19 BARBARA AND DENISE HAD A BEER.

20 Q ONE APIECE?

21 A NO. THEY SHARED ONE.

22 Q WERE THERE ANY DRUGS IN THE GARAGE?

23 A I’M SORRY. I WASN’T DONE. AND WE SMOKED

24 MARIJUANA.

25 Q HOW MANY CIGARETTES WERE THERE?

26 A WHAT KIND OF —

27 Q MARIJUANA CIGARETTES.

28 A THERE WAS ONLY ONE.

Page 505

1 Q WHO ALL SMOKED IT OR AT LEAST SMOKED ON IT?

2 A DENISE, BARBARA, DAMON, AND MYSELF.

3 Q DID YOU INHALE?

4 A YES.

5 Q OKAY. HOW LONG WOULD YOU SAY YOU WERE IN

6 THE GARAGE, MA’AM?

7 A PROBABLY ABOUT 15 MINUTES.

8 Q DID YOU HAVE ANYTHING TO DRINK IN THE

9 GARAGE?

10 A DIET COKE.

11 Q HOW ABOUT YOUR HUSBAND, DO YOU KNOW IF HE

12 DRANK ANYTHING?

13 A I DON’T KNOW.

14 Q WERE BOTH — WERE ALL FOUR OF YOU IN THE

15 GARAGE FOR A SOLID PERIOD OF TIME OR WERE PEOPLE

16 COMING AND GOING?

17 A DAMON WASN’T OUT THERE FOR ANY LONG PERIOD

18 OF TIME. IT WAS JUST THE THREE GIRLS.

19 Q AND THE KIDS WERE WHERE?

20 A DERRICK AND DYLEN WERE PLAYING VIDEO GAMES.

21 Q IN THE HOUSE?

22 A IN THE FAMILY ROOM. AND THAT’S WHERE DAMON

23 WAS PLAYING WITH THE BOYS. AND DANIELLE WAS AT THE

24 KITCHEN TABLE READING A BOOK AND WRITING IN HER

25 JOURNAL.

26 Q DO YOU HAVE A LOCK ON THE DOOR FROM THE

27 GARAGE INTO THE HOUSE?

28 A WE DO.

Page 506

1 Q IS IT IN THE CUSTOMARY POSITION HOW IT’S

2 SET UP?

3 A IT WASN’T.

4 Q NOT AT THAT TIME?

5 A NO.

6 Q WHY NOT?

7 A BECAUSE WE DIDN’T WANT THE KIDS TO BE ABLE

8 TO OPEN THE DOOR FROM THE INSIDE.

9 Q WHY NOT?

10 A IF WE WERE OUT THERE SMOKING, WE DIDN’T

11 WANT THEM TO WALK IN.

12 Q WHEN YOU WERE SMOKING MARIJUANA?

13 A YES.

14 Q THIS WASN’T THE FIRST TIME THAT YOU SMOKED

15 IT, WAS IT?

16 A NO.

17 Q SO EXPLAIN TO ME THE LOCKING MECHANISM OF

18 HOW IT WORKS WHEN IT WAS REVERSED. WHERE CAN YOU

19 LOCK IT AND WHAT DOES IT PREVENT?

20 A YOU LOCK THE DOOR FROM THE INSIDE OF THE

21 GARAGE INSTEAD OF INSIDE OF THE HOUSE.

22 Q SO THE KIDS WOULD NOT BE ABLE TO GET FROM

23 THE HOUSE INTO THE GARAGE IF YOU’D LOCKED IT FROM

24 THE GARAGE?

25 A RIGHT.

26 Q AND IF YOU WERE INSIDE THE HOUSE AND THE

27 DOOR WAS LOCKED, AND YOU WANTED TO GET INTO THE

28 GARAGE, YOU’D HAVE TO USE A KEY?

Page 507

1 A YES.

2 Q IS THERE ALSO A SIDE DOOR TO THIS GARAGE?

3 A YES.

4 Q WAS ANYTHING DONE WITH THAT SIDE DOOR WHILE

5 YOU GUYS WERE OUT IN THE GARAGE?

6 A IT WAS OPEN HALFWAY.

7 Q WHY?

8 A SO THAT THE SMOKE COULD GO OUT.

9 Q DOES THAT DOOR LOCK?

10 A FROM THE INSIDE.

11 Q STANDARD MECHANISM?

12 A YES.

13 Q AND I DON’T KNOW IF I ASKED YOU, BUT CAN

14 YOU ESTIMATE FOR US HOW LONG YOU WERE IN THE GARAGE

15 WITH THE GIRLS?

16 A APPROXIMATELY 15 MINUTES.

17 Q THEN WHERE DID YOU GO?

18 A WE WENT BACK INTO THE HOUSE.

19 Q DO YOU KNOW IF ANYBODY SHUT THAT SIDE

20 GARAGE DOOR?

21 A NO, I DON’T.

22 Q DO YOU KNOW IF ANYBODY LOCKED IT?

23 A NO, I DON’T.

24 Q WHEN YOU WENT BACK INTO THE HOUSE, WHAT WAS

25 GOING ON THEN?

26 A DAMON AND DERRICK AND DYLEN WERE PLAYING A

27 VIDEO GAME IN THE FAMILY ROOM. DANIELLE WAS STILL

28 AT THE TABLE READING A BOOK, AND WRITING.

Page 508

1 Q THEN WHAT HAPPENED?

2 A I TIDIED UP A LITTLE BIT IN THE KITCHEN.

3 AND THEN THEY WERE READY TO GO. I KIND OF THOUGHT

4 IT WAS A LITTLE EARLY BUT WE LEFT ANYWAY.

5 Q ABOUT WHAT TIME?

6 A APPROXIMATELY 8:30.

7 Q AND YOU WENT THERE DIRECTLY TO DAD’S?

8 A YES.

9 Q WHO DROVE?

10 A I DID.

11 Q AND WHO WENT WITH YOU?

12 A DENISE AND BARBARA.

13 Q ABOUT HOW LONG DOES IT TAKE TO GET FROM

14 YOUR HOUSE TO DAD’S?

15 A FIVE MINUTES.

16 Q WERE YOU EXPECTING TO MEET ANYBODY AT DAD’S

17 THAT EVENING?

18 A I WAS EXPECTING THAT DAVID WESTERFIELD

19 WOULD BE THERE.

20 Q BECAUSE OF THE COOKIE CONVERSATION?

21 A YES.

22 Q HOW ABOUT ANY OF YOUR OTHER FRIENDS?

23 A NO.

24 Q WHEN YOU GOT THERE, DID YOU SEE ANYBODY YOU

25 RECOGNIZED?

26 A DAVID WESTERFIELD.

27 Q WHERE WAS HE?

28 A HE WAS ALREADY AT THE BAR.

Page 509

1 Q AND YOU AND YOUR GIRLFRIENDS, WHAT DID YOU

2 GUYS DO WHEN YOU ARRIVED?

3 A WE TALKED TO THE GUY AT THE FRONT DOOR.

4 Q WHO’S THAT?

5 A HE IS THE PERSON WHO CHARGES — YOU HAVE TO

6 PAY A COVER CHARGE TO GET IN OR SOMETHING.

7 Q ALL RIGHT.

8 A THEY WERE TALKING TO HIM AND THEN BARBARA

9 WENT DIRECTLY UP TO DAVID WESTERFIELD AND INTRODUCED

10 HERSELF TO HIM.

11 Q OH, YEAH. DID YOU HEAR WHAT THEY WERE

12 DISCUSSING?

13 A NO.

14 Q WHY NOT?

15 A I WAS KIND OF BEHIND HER. SHE WAS IN FRONT

16 OF ME.

17 Q YOU WERE NOT IN POSITION?

18 A EXACTLY.

19 Q WHAT DID YOU DO FROM THERE?

20 A DENISE, BARBARA, AND I SAT AT THE BAR IN

21 KIND OF A TRIANGLE FORMATION.

22 Q WHAT DO YOU MEAN BY THAT?

23 A WE PULLED ONE CHAIR OUT AND THEN THERE WERE

24 TWO OF US AGAINST THE BAR AND ONE OF THEM IN THE

25 MIDDLE SO THAT WE COULD TALK.

26 Q HOW ABOUT MR. WESTERFIELD, WHERE WAS HE AND

27 HOW WAS HE POSITIONED?

28 A HE WAS BEHIND ME.

Page 510

1 Q SO HE’D BE LOOKING AT YOUR BACK?

2 A YES.

3 Q WAS HE PART OF YOUR CONVERSATION?

4 A WHEN WE FIRST GOT THERE, HE SAID — WAS HE

5 PART OF OUR CONVERSATION?

6 Q YES, THAT’S WHAT I’M LOOKING FOR. RIGHT

7 NOW THAT’S WHAT I’M LOOKING FOR.

8 A NO.

9 Q DID HE SAY ANYTHING AS YOU GUYS CAME IN AND

10 TOOK YOUR SEATS AT THE BAR, TO YOU GUYS AS A GROUP?

11 A HE SAID, “LADIES DON’T BUY DRINKS, THEIR

12 OWN DRINKS,” AND HE THREW THE MONEY ON THE COUNTER,

13 AND ASKED IF HE COULD BUY US A DRINK.

14 Q DID YOU LET HIM?

15 A YES.

16 Q ALL THREE OF YOU ALLOWED HIM TO BUY DRINKS?

17 A YES.

18 Q WHAT DID YOU GET?

19 A I GOT A CRANBERRY AND VODKA.

20 Q HOW MANY ROUNDS DID HE BUY FOR YOU GUYS?

21 A I DON’T KNOW EXACTLY.

22 Q WAS IT MORE THAN ONE?

23 A I DON’T KNOW.

24 Q WHY DON’T YOU KNOW?

25 A HE LEFT THE MONEY ON THE COUNTER. SO AND

26 THEN LATER WHEN WE PLAYED POOL, I WAS GETTING DRINKS

27 — DENISE WAS HANDING THEM TO ME BUT I DON’T KNOW

28 WHO THEY CAME FROM.

Page 511

1 Q WHEN THE THREE OF YOU WERE THERE IN YOUR

2 TRIANGLE, WERE YOU INCLUDING MR. WESTERFIELD IN YOUR

3 CONVERSATION?

4 A NO.

5 Q WHAT WAS HE DOING OR HOW WAS HE BEHAVING

6 DURING THAT TIME?

7 A HE HAD — HE WAS BEHIND ME AND HE HAD TWO

8 OTHER FRIENDS WITH HIM.

9 Q MALE OR FEMALE?

10 A MALE.

11 Q HOW DO YOU KNOW THEY WERE FRIENDS?

12 A I THINK AT ONE POINT — WELL, AT ONE POINT

13 HE INTRODUCED US TO THEM.

14 Q DO YOU REMEMBER THE NAMES?

15 A NO.

16 Q WHAT’S THE NEXT THING THAT HAPPENED, THAT

17 YOU CAN REMEMBER?

18 A KEITH AND RICH SHOWED UP.

19 Q WHO ARE THEY?

20 A RICH IS A VERY GOOD FRIEND OF MINE, IT’S

21 HER HUSBAND.

22 Q WHO’S HUSBAND?

23 A LIZ BRADY.

24 Q LIZ BRADY IS A FRIEND OF YOURS?

25 A YES. RICH BRADY IS HER HUSBAND.

26 Q HOW LONG HAVE YOU KNOWN HIM?

27 A I’VE KNOWN LIZ SINCE DYLEN WAS IN

28 PRESCHOOL. SO APPROXIMATELY TWO YEARS.

Page 512

1 Q AND SO HOW LONG HAVE YOU KNOWN RICH?

2 A SAME AMOUNT OF TIME.

3 Q AND THE OTHER FELLA’S NAME WAS WHAT?

4 A KEITH.

5 Q WHO WAS HE?

6 A KEITH IS LIZ’S BROTHER-IN-LAW.

7 Q DO YOU KNOW IF THEY WERE AT DAD’S FOR A

8 REASON THAT EVENING?

9 A WHEN THEY CAME IN, THEY TOLD ME OR TOLD US

10 THAT KEITH HAD A FRIEND IN THE BAND THEY CAME TO

11 WATCH.

12 Q THERE WAS A BAND PLAYING THAT NIGHT?

13 A YES.

14 Q DID YOU INTERACT WITH KEITH AND RICH ONCE

15 THEY ARRIVED?

16 A YES.

17 Q HOW?

18 A RICH STOOD NEXT TO ME IN ONE SPOT AND KEITH

19 WALKED OVER TO BARBARA AND STOOD NEXT TO HER AND

20 DENISE.

21 Q WHAT WERE YOU GUYS DOING?

22 A WE TALKED FOR A WHILE. WE TOLD THEM WE

23 WERE GOING TO ITALY. I WAS VERY EXCITED ABOUT THE

24 TRIP. I CAN’T REMEMBER THE REST OF THE

25 CONVERSATION.

26 Q DID THERE COME A TIME WHEN YOU GUYS QUIT

27 TALKING AND SOMETHING ELSE STARTED?

28 A YES. I KNOW THERE WAS ONE POINT — YES.

Page 513

1 WE WENT TO PLAY POOL.

2 Q HOW MANY POOL TABLES DID THEY HAVE THERE,

3 DO YOU REMEMBER?

4 A TWO.

5 Q WHO ALL WENT TO PLAY POOL?

6 A BARBARA AND KEITH WERE GOING TO PLAY.

7 THEY’RE THE ONE WHO BROUGHT IT UP. AND THEY PLAYED

8 AT ONE TABLE. AND DENISE AND I WERE GOING TO PLAY

9 AT THE OTHER TABLE.

10 Q YOU ANY GOOD?

11 A NOT REALLY.

12 Q HOW ABOUT THE OTHER FRIENDS THAT YOU WERE

13 WITH, WHAT WERE THEY GOING TO DO?

14 A KEITH WAS PLAYING WITH BARBARA. AND RICH

15 WASN’T PLAYING.

16 Q HOW ABOUT MR. WESTERFIELD, WHAT WAS HE

17 DOING, IF YOU CAN — WERE YOU AWARE OF WHAT HE WAS

18 DOING?

19 A I REMEMBER AT ONE POINT HE WAS JUST

20 STANDING ON THE SIDE WATCHING US.

21 Q DID HE EVER PLAY POOL WITH YOU GUYS?

22 A NO.

23 Q ANY IDEA HOW MANY GAMES YOU PLAYED OR DID

24 YOU KEEP THE SAME PARTNERS THE WHOLE TIME?

25 A WELL, THE TWO FRIENDS THAT MR. WESTERFIELD

26 WAS WITH, THEY CAME UP AND ASKED IF THEY COULD PLAY

27 WITH US.

28 Q DID YOU LET HIM JOIN IN?

Page 514

1 A SO WE LET HIM PLAY FROM THE BEGINNING.

2 Q HOW DID YOU BREAK UP THAT?

3 A DENISE DIVIDED US INTO TEAMS AND I DON’T

4 REMEMBER THE PERSON’S NAME I WAS WITH. BUT I PLAYED

5 WITH ONE OF THEM AND SHE PLAYED WITH THE OTHER ONE.

6 Q AGAINST EACH OTHER?

7 A YES.

8 Q SO FOUR OF YOU WERE ON THE TABLE?

9 A YES.

10 Q DO YOU EVER SWITCH PARTNERS?

11 A AT THE LAST GAME, I ASKED DENISE IF SHE

12 WOULD SWITCH BECAUSE THEY HAD WON THE FIRST TWO

13 GAMES AND I TOLD HER I COULDN’T LEAVE WITHOUT

14 WINNING ONE. SO THEY SAID NO, NO, NO, BUT SOMEHOW

15 AFTER THE BREAK, I ENDED UP WITH THE OTHER PARTNER.

16 I DON’T KNOW HOW IT HAPPENED.

17 Q DID YOU WIN THE LAST GAME?

18 A YES.

19 Q THEN WHAT?

20 A BY THAT TIME, THE BAND WAS PLAYING AND

21 PEOPLE WERE DANCING.

22 Q WERE YOU DANCING?

23 A YES.

24 Q WITH WHOM?

25 A I DANCED WITH KEITH AND I DANCED WITH RICH.

26 AND TOWARDS THE END OF THE EVENING, THERE WAS A

27 GENTLEMAN WHO CAME UP AND ASKED ME TO DANCE.

28 Q SOMEBODY YOU KNEW?

Page 515

1 A NO.

2 Q JUST SOMEBODY WHO WAS IN THE BAR?

3 A YES.

4 Q DID YOU GET HIS NAME?

5 A I TALKED TO HIM FOR A WHILE. I KNOW THE

6 COMPANY HE OWNS AND ALL THAT, BUT I DON’T REMEMBER —

7 DURING THE DANCE, I DON’T REMEMBER HIS NAME.

8 Q HOW ABOUT MR. WESTERFIELD, DID YOU DANCE

9 WITH HIM?

10 A NO.

11 Q DID YOU SEE HIM DANCE AT ALL?

12 A I DON’T RECALL.

13 Q WHAT KIND OF BAND WAS IT?

14 A I THINK THEY PLAYED 8O’S MUSIC.

15 Q FAST DANCING OR SLOW DANCING?

16 A FAST.

17 Q OR BOTH?

18 A THEY WERE BOTH.

19 Q ANY IDEA HOW LONG YOU WERE DANCING THAT

20 EVENING?

21 A MOST OF THE EVENING.

22 Q WHICH TAKES US ABOUT HOW MANY HOURS, IF YOU

23 CAN TELL?

24 A HOW MANY HOURS OF DANCING?

25 Q YES.

26 A PROBABLY APPROXIMATELY THREE.

27 Q DO YOU KNOW IF MR. WESTERFIELD REMAINED AT

28 THE BAR THE ENTIRE TIME YOU STAYED THERE?

Page 516

1 A NO, I DON’T.

2 Q WHY NOT?

3 A BECAUSE I WASN’T PAYING ATTENTION TO HIM.

4 Q HOW MUCH WOULD YOU SAY YOU HAD TO DRINK

5 THERE THAT NIGHT?

6 A ME?

7 Q YOU.

8 A I HAD THREE CRANBERRY AND VODKAS, A SHOT OF

9 TEQUILA, AND A RED BULL.

10 Q HELP ME OUT. WHAT’S A RED BULL?

11 A IT’S AN ENERGY DRINK.

12 Q IS IT AN ALCOHOLIC DRINK?

13 A NONALCOHOLIC.

14 Q IN THE SEQUENCE OF DRINKS, CAN YOU REMEMBER

15 HOW YOU WENT THROUGH THEM?

16 THE RED BULL AT THE BEGINNING?

17 A THE RED BULL WAS AT THE END.

18 Q AND AFTER THE RED BULL, DID YOU DRINK

19 ANYTHING BEYOND THAT?

20 A NO.

21 Q WHY NOT?

22 A BECAUSE I WOULD BE DRIVING HOME SOON.

23 Q DID YOU DRINK ANYTHING OF A NONALCOHOLIC

24 NATURE?

25 A NOT THAT I RECALL.

26 Q DID YOU HAVE ANY WATER?

27 A I DID.

28 Q YOU WERE GOING TO BE THE DRIVER HOME?

Page 517

1 A YES.

2 Q AND HOW ABOUT YOUR GIRLFRIENDS, WERE THEY

3 ALSO DRINKING?

4 A YES.

5 Q WHAT? DO YOU REMEMBER?

6 A BARBARA DRINKS VODKA AND TONIC. AND DENISE

7 WAS DRINKING VODKA AND CRANBERRY.

8 Q WERE YOU KEEPING TRACK OF HOW MANY DRINKS

9 THEY HAD?

10 A NO.

11 Q DID YOU REMAIN INSIDE THE BUILDING THE

12 ENTIRE TIME YOU WERE AT DAD’S?

13 A NO.

14 Q HOW MANY TIMES DID YOU GO OUTSIDE THE

15 BUILDING?

16 A ONCE.

17 Q ABOUT WHEN IN THE SEQUENCE THAT YOU

18 DESCRIBED FOR US?

19 A IN THE MIDDLE OF THE — IT WAS AFTER WE

20 PLAYED POOL.

21 Q AND BEFORE DANCING HAD STARTED OR IN THE

22 MIDDLE OF THE DANCING?

23 A IN THE MIDDLE OF THE DANCING.

24 Q WHO ALL WENT OUTSIDE?

25 A BARBARA, DENISE, KEITH, AND RICH AND I.

26 Q FIVE OF YOU?

27 A YES.

28 Q HOW ABOUT MR. WESTERFIELD, DID HE GO OUT?

Page 518

1 A NO.

2 Q DID YOU SEE HIM OUTSIDE?

3 A NO.

4 Q WHAT DID YOU DO — WHERE DID YOU GO WHEN

5 YOU WENT OUTSIDE?

6 A WE WENT TO MY TRUCK.

7 Q WHY?

8 A WE WERE GOING TO SMOKE MARIJUANA.

9 Q HOW MUCH DID YOU HAVE?

10 A WHAT WE SMOKED FROM THE SAME ONE THAT WAS

11 AT THE HOUSE.

12 Q SAME CIGARETTE?

13 A YES.

14 Q DIDN’T HAVE ANY OTHERS?

15 A NO.

16 Q YOU DIDN’T HAVE ANOTHER STASH IN THE CAR OR

17 TRUCK OR ANYWHERE ELSE?

18 A NOT THAT I KNOW OF.

19 Q ALL RIGHT. WHO ALL TOOK PUFFS ON IT, IF

20 YOU CAN REMEMBER?

21 A I KNOW DEFINITELY DENISE AND BARB AND I

22 DID.

23 Q WERE YOU GUYS INSIDE THE VEHICLE OR

24 OUTSIDE?

25 A DENISE AND BARB WERE INSIDE THE VEHICLE.

26 WE TURNED ON MUSIC. AND KEITH WAS ON BARBARA’S SIDE

27 AND RICH WAS ON MY SIDE TALKING TO ME.

28 Q WERE YOU — YOU WERE INSIDE THE CAR?

Page 519

1 A YES.

2 Q WHICH SEAT?

3 A DRIVER’S SEAT.

4 Q WHAT ELSE WENT ON OUT THERE?

5 A I DON’T KNOW. NOTHING.

6 Q ANY SEX?

7 A NO.

8 Q ANY KISSING?

9 A I DON’T RECALL.

10 Q DID YOU GET INVOLVED IN ANY KISSING?

11 A NO.

12 Q HOW LONG WOULD YOU SAY YOU WERE OUT THERE?

13 A PROBABLY — APPROXIMATELY TEN MINUTES.

14 Q THEN WHERE DID YOU GO?

15 A WE WENT BACK INTO THE — INTO DAD’S.

16 Q CAN YOU ESTIMATE FOR US ABOUT WHAT TIME

17 THAT WAS, IF AT ALL POSSIBLE?

18 A I CAN’T.

19 Q DO YOU KNOW IF MR. WESTERFIELD WAS STILL

20 PRESENT AT DAD’S WHEN YOU CAME BACK IN?

21 A I DON’T KNOW.

22 Q WERE YOU PAYING ATTENTION TO HIM?

23 A NO.

24 Q WHY NOT?

25 A I DON’T KNOW. I JUST — I WAS WITH MY

26 FRIENDS.

27 Q DO YOU REMEMBER ABOUT WHAT TIME YOU LEFT

28 DAD’S?

Page 520

1 A IT WAS APPROXIMATELY TEN UNTIL 2:00. I

2 KNOW THEY HAD HAD LAST CALL AND DENISE AND BARBARA

3 WERE IN THE LITTLE SMOKE AREA.

4 Q FOR CIGARETTES OR FOR MARIJUANA?

5 A CIGARETTES.

6 Q ALL RIGHT. THEN WHAT DO YOU REMEMBER?

7 A I TOLD THEM THAT IT WAS TIME TO GO AND THAT

8 I WAS GOING TO GET THE TRUCK AND PULLED IT UP FRONT.

9 Q DID YOU GO BY YOURSELF?

10 A TO GET THE TRUCK?

11 Q YES.

12 A YES.

13 Q AND AFTER YOU GOT THE TRUCK, WHERE DID YOU

14 GO? WHAT WAS THE PLAN?

15 A WE WERE GOING BACK TO MY HOUSE.

16 Q WHO ALL WAS GOING TO GO BACK?

17 A BARBARA AND DENISE AND KEITH AND RICH.

18 Q WHAT WERE YOU GOING BACK THERE FOR?

19 A KEITH WAS VERY INTERESTED IN BARBARA AND HE

20 HAD ASKED ME — HE SAID, “YOU GOT TO MAKE THIS

21 HAPPEN FOR ME.” I SAID, “WELL, YOU CAN COME BACK TO

22 THE HOUSE AND TALK TO HER, BUT THAT’S ABOUT ALL I

23 CAN DO.” AND BARB AND DENISE HAD TO COME BACK TO

24 THE HOUSE TO GET THEIR CAR.

25 Q WHEN YOU GOT YOUR TRUCK, HOW QUICKLY DID

26 YOU MEET UP WITH YOUR GIRLFRIENDS AND THESE TWO

27 GUYS?

28 A IT WAS A MATTER — OH, OH, MEET UP WITH —

Page 521

1 Q THERE, AFTER YOU GOT YOUR TRUCK.

2 A WELL, I GOT MY TRUCK AND I WENT TO THE

3 WINDOW AND I TOLD THEM IT WAS TIME TO GO. THEY CAME

4 OUTSIDE. WE GOT INTO THE TRUCK AND WE LEFT. WHEN I

5 WAS ON POWAY ROAD A LITTLE BIT DOWN, BARBARA SAID,

6 “I FORGOT MY CIGARETTES.” SO WE MADE A U-TURN, WE

7 WENT BACK TO DAD’S. SHE WENT IN AND GOT THEM. AND

8 THEN WE WENT — WE LEFT AGAIN TO GO TO MY HOUSE.

9 Q HOW ABOUT THE TWO GUYS, WHERE WERE THEY?

10 A I DON’T KNOW WHERE THEY WERE AT THE TIME.

11 BUT WHEN WE GOT TO SPRINGHURST AND POWAY ROAD TO

12 TURN LEFT, THEY WERE IN FRONT OF US.

13 Q IS THAT WHERE YOU TURNED LEFT INTO YOUR

14 NEIGHBORHOOD?

15 A UH-HUH.

16 Q IS THAT A YES?

17 A YES.

18 THE COURT: DON’T WORRY.

19 THE WITNESS: I’M SORRY.

20 THE COURT: THAT’S ALL RIGHT. I DO IT ALL THE

21 TIME.

22 GO AHEAD.

23 BY MR. DUSEK:

24 Q YOU TOLD US ABOUT THE ALCOHOL YOU’D BEEN

25 DRINKING THAT NIGHT AND YOU TOLD US ABOUT THE

26 MARIJUANA THAT YOU’D BEEN PUFFING ON.

27 HOW CLEAR-HEADED WERE YOU? WHAT IMPACT AT

28 ALL DID IT HAVE ON YOU?

Page 522

1 MR. FELDMAN: OBJECTION; CALLS FOR SPECULATION.

2 THE COURT: OVERRULED.

3 MR. FELDMAN: CALLS FOR A CONCLUSION.

4 THE COURT: OVERRULED.

5 THE WITNESS: DO I ANSWER THAT QUESTION?

6 THE COURT: YES, PLEASE.

7 THE WITNESS: I THINK I WAS VERY CLEAR-HEADED.

8 BY MR. DUSEK:

9 Q HOW LONG HAD YOU BEEN DRINKING THAT NIGHT?

10 WHEN DID YOU START?

11 A PROBABLY ABOUT 8:45.

12 Q AT THE BAR?

13 A UH-HUH.

14 Q IS THAT A YES?

15 A YES.

16 Q WHEN DID YOU QUIT?

17 A ABOUT 1:30.

18 Q YOU QUIT DRINKING ALCOHOL AT 1:30?

19 A COULD HAVE BEEN A LITTLE BIT EARLIER THAN

20 THAT.

21 Q WERE YOU ABLE TO DRIVE HOME OKAY?

22 A YES.

23 Q WHEN YOU GOT HOME, DESCRIBE WHAT HAPPENED

24 AS YOU PULLED UP.

25 A I PULLED INTO THE DRIVEWAY. KEITH AND RICH

26 WERE IN KEITH’S CAR. THEY WERE IN FRONT OF US.

27 THEY PULLED UP IN FRONT OF THE HOUSE. WE GOT OUT OF

28 THE TRUCK, WENT TO THE DOOR, THEY WERE STILL GETTING

Page 523

1 OUT OF THEIR CAR.

2 Q WENT TO THE FRONT DOOR?

3 A TO THE FRONT DOOR.

4 Q THEN WHAT HAPPENED?

5 A I OPENED THE DOOR WITH THE KEY, AND WE ALL

6 WENT IN.

7 Q MEANING ALL FIVE OF YOU?

8 A DENISE AND BARBARA AND I WERE IN FIRST.

9 AND KEITH AND RICH WERE STILL WALKING UP TO THE

10 HOUSE.

11 Q AS YOU GOT INSIDE, DID YOU SEE ANYBODY?

12 A NO.

13 Q YOUR HUSBAND OR ANY KIDS, WERE THEY UP AT

14 THAT TIME?

15 A WELL, I LOOKED UPSTAIRS AND THE TV WAS ON

16 IN OUR BEDROOM.

17 Q HOW COULD YOU TELL?

18 A THE DOOR WAS OPEN. AND IN THERE I COULD

19 TELL IT WAS THE TV LIGHT. THE LIGHT.

20 Q DID YOU ACTUALLY SEE THE TV?

21 A NO.

22 Q ONCE EVERYBODY GOT INSIDE, WHAT DID YOU DO?

23 A WHEN I FIRST STEPPED INTO THE HOUSE, I

24 COULD SEE OUT OF THE CORNER OF MY LEFT EYE THAT

25 THERE WAS A BLINKING LIGHT ON THE CONTROL PANEL TO

26 THE ALARM.

27 Q DESCRIBE THAT FOR US. WHAT IS IT?

28 A IT’S JUST A RED LIGHT THAT INDICATES THAT

Page 524

1 THERE’S A DOOR OR WINDOW OPEN.

2 Q WHERE IS IT ON THE WALL IN RELATION TO THE

3 FRONT DOOR?

4 A IT’S WHEN YOU WALK INTO THE HOUSE, IT’S

5 DIRECTLY TO YOUR LEFT IN THE HALLWAY NEXT TO THE

6 GARAGE THAT GOES INTO THE GARAGE, THE DOOR THAT GOES

7 INTO THE GARAGE.

8 Q IT’S ON THE WALL ABOUT WHAT, WAIST LEVEL OR

9 SO?

10 A EYE LEVEL.

11 Q AND THERE ARE SEVERAL LIGHTS ALONG THERE?

12 A YES. IT’S VERT- — IT’S VERTICAL.

13 Q THE LIGHTS, ARE THEY ALIGNED WITH A

14 PARTICULAR WINDOW OR DOOR?

15 A THEY ARE.

16 Q SO IF YOU KNOW WHICH LIGHT’S ON, YOU KNOW

17 WHICH WINDOW TO GO CHECK OR WHICH DOOR TO GO CHECK?

18 A YES.

19 Q ONE LIGHT WAS ACTIVATED?

20 A YES.

21 Q WHAT DOES THAT MEAN?

22 A THAT MEANS THERE’S A DOOR OR WINDOW OPEN.

23 Q DOES IT HAVE AN ALARM THAT EITHER GOES OFF

24 INSIDE THE HOUSE OR ALERTS A SECURITY AGENCY?

25 A NO.

26 Q IT DOESN’T HAVE ONE OR YOU JUST DON’T HAVE

27 IT HOOKED UP, DO YOU KNOW?

28 A WELL, I MEAN, WE CAN HAVE A SECURITY

Page 525

1 COMPANY MONITOR IT. BUT WE DON’T HAVE ONE RIGHT

2 NOW.

3 Q AND IF THE HOUSE IS SECURE, ALL THE LIGHTS

4 ARE OFF; IS THAT CORRECT?

5 A YES.

6 Q IF SOMEBODY OPENS A DOOR, WHAT KIND OF

7 ALERT OR LIGHT OR SOUND GOES OFF?

8 A WHEN YOU FIRST OPEN THE DOOR, THERE WILL BE

9 “BEEP, BEEP, BEEP” TELLS YOU THAT SOMEONE HAS OPENED

10 A DOOR OR WINDOW.

11 Q DOES IT GO ON CONTINUOUSLY?

12 A NO.

13 Q HOW LONG DOES IT GO?

14 A JUST FOR A FEW SECONDS.

15 Q HOW LOUD?

16 A IT’S NOT VERY LOUD.

17 Q HOW MANY MONITORS DO YOU HAVE IN YOUR

18 HOUSE?

19 A TWO.

20 Q THAT ONE BY THE FRONT DOOR. AND WHERE IS

21 THE OTHER ONE?

22 A IN THE MASTER BEDROOM.

23 Q WHEN YOU SAW THE LIGHT, WHAT DID YOU DO?

24 A I TOLD DENISE THAT THERE WAS A DOOR OPEN OR

25 WINDOW AND I NEEDED TO FIND IT. AND I FIRST RAN

26 UPSTAIRS TO TELL DAMON THAT TWO OF HIS — THAT RICH

27 WAS HERE AND I ASKED HIM IF HE WANTED TO COME DOWN

28 TO SAY HELLO.

Page 526

1 Q THEN WHAT DID YOU DO?

2 A I WENT BACK DOWNSTAIRS AND STARTED LOOKING

3 FOR THE DOOR THAT WAS OPEN.

4 Q DID YOU FIND IT?

5 A YES.

6 Q WHICH ONE?

7 A IT WAS THE OUTSIDE GARAGE DOOR.

8 Q THE DOOR THAT GOES FROM THE INSIDE OF THE

9 GARAGE TO THE OUTSIDE OF THE HOUSE?

10 A YES.

11 Q IS THAT THE DOOR THAT YOU TOLD US HAD BEEN

12 OPEN FOR THE SMOKE?

13 A YES.

14 Q WAS IT ACTUALLY AJAR OR JUST UNLOCKED?

15 A IT WAS AJAR.

16 Q DID YOU LOOK OUTSIDE THE DOOR TO SEE IF

17 ANYTHING WAS UNUSUAL OUT THERE?

18 A NO. DENISE WAS THE ONE WHO WALKED UP TO IT

19 AND CLOSED IT.

20 Q DO YOU KNOW IF IT WAS LOCKED AT THAT TIME

21 AFTER IT WAS CLOSED?

22 A I DON’T KNOW IF SHE LOCKED IT.

23 Q WHAT DID YOU DO THEN?

24 A I WENT BACK INSIDE. KEITH AND RICH HAD

25 ALREADY COME IN. THEY WERE SITTING IN THE LIVING

26 ROOM.

27 Q AND DENISE WAS WITH YOU?

28 A DENISE WAS WITH ME.

Page 527

1 Q WHERE WAS BARBARA?

2 A BARBARA HAD GONE UPSTAIRS.

3 Q DO YOU KNOW WHERE SHE WENT?

4 A SHE WENT TO THE BEDROOM.

5 Q WHERE YOUR HUSBAND WAS?

6 A YES.

7 Q DID YOU SEE HER ACTUALLY GO INTO THE

8 BEDROOM, WERE YOU UP THERE WHEN SHE WENT IN?

9 A NO. KEITH AND RICH STARTED JOKING AROUND.

10 MR. FELDMAN: OBJECTION; NOT RESPONSIVE. SHE’S

11 ANSWERED THE QUESTION.

12 THE COURT: I KNOW. HE’S RIGHT. THE ANSWER IS

13 STRICKEN.

14 BY MR. DUSEK:

15 Q DID YOU EVENTUALLY GO UPSTAIRS?

16 A YES.

17 Q WHY?

18 A BECAUSE KEITH AND RICH WERE SAYING “WHERE’S

19 BARBARA? WHERE’S BARBARA?” AND I SAID, “SHE’S

20 UPSTAIRS.” SO I WENT UP AND I ASKED DAMON AGAIN TO

21 COME DOWN.

22 Q WHAT WAS GOING ON?

23 A SHE WAS LAYING ON THE BED ON TOP OF THE

24 COVERS AND DAMON WAS UNDER THE COVERS, AND THEY WERE

25 TALKING.

26 Q IS THAT ALL YOU SAW?

27 A THAT’S ALL I SAW.

28 Q WHAT DID YOU TELL THEM?

Page 528

1 A I TOLD THEM BOTH THAT THEY WERE BEING RUDE

2 AND THEY NEEDED TO COME DOWNSTAIRS.

3 Q DID THEY?

4 A YES.

5 Q IMMEDIATELY OR SOMETIME LATER?

6 A IMMEDIATELY.

7 Q WHAT HAPPENED WHEN THEY CAME DOWNSTAIRS?

8 A DENISE WAS IN THE KITCHEN HEATING UP

9 LEFTOVER PIZZA.

10 Q WHERE DID THE PIZZA COME FROM?

11 A DINNER.

12 Q THEN WHAT?

13 A WE ALL ATE A SLICE OF PIZZA. I HAD SOME

14 SODA OR WATER.

15 Q ANY ALCOHOL?

16 A NO.

17 Q DID YOU HAVE ALCOHOL IN THE HOUSE?

18 A YES.

19 Q WHAT? WHAT TYPE OF ALCOHOL?

20 A WHAT TYPE OF ALCOHOL? WE HAVE BEER AND

21 VODKA.

22 Q WHEN YOU FINISHED WITH THE BEER CONTAINERS,

23 WHAT DID YOU DO WITH THEM?

24 A RECYCLE THEM.

25 Q WHERE DO YOU PUT THEM?

26 A IN THE RECYCLE BIN.

27 Q WHERE IS THAT?

28 A OUTSIDE OF THE GARAGE DOOR.

Page 529

1 Q IS THAT WHERE SOME OF THE CANS HAD BEEN

2 RECYCLED, CANS OR BOTTLES?

3 A YES.

4 Q AFTER YOU HAD THE PIZZA, THEN WHAT

5 HAPPENED?

6 A THE GIRLS SAID THAT THEY WANTED TO LEAVE.

7 AND I WALKED THEM OUT FRONT.

8 Q CAN YOU ESTIMATE FOR US HOW LONG YOU’D BEEN

9 AT THE HOUSE AFTER RETURNING FROM DAD’S UNTIL THEY

10 LEFT?

11 A APPROXIMATELY 15 TO 20 MINUTES.

12 Q THAT’S ALL?

13 A YES.

14 Q WHAT ABOUT THE GUYS, WHAT DID THEY DO?

15 A WHEN I WALKED BACK IN FROM SAYING GOOD-BYE

16 TO MY FRIENDS, DAMON SAID SOMETHING TO THE EFFECT

17 OF, YOU KNOW, I DON’T WANT TO KICK YOU OUT BUT WE’RE

18 TIRED, AND THEY SAID OKAY AND THEY LEFT.

19 Q BOTH GUYS LEFT?

20 A YES.

21 Q ARE YOU SURE?

22 A YES.

23 Q AFTER THEY LEFT, DID YOU LOCK UP?

24 A YES.

25 Q THEN WHAT DID YOU DO?

26 A WE WENT TO BED.

27 Q YOU AND DAMON?

28 A YES.

Page 530

1 Q HOW ABOUT THE KIDS, DID YOU CHECK ON THEM?

2 A NO.

3 Q WHY NOT?

4 A WHEN I CAME HOME AND WENT UPSTAIRS TO ASK

5 DAMON TO COME DOWN, I ASKED HIM HOW THE BEDTIME

6 TUCK-IN WENT AND HE SAID IT WENT FINE. I ASKED HIM

7 IF HE HAD HUGGED AND KISSED EVERYBODY GOOD NIGHT AND

8 HE SAID YES. AND I ASKED HIM IF ANYONE HAD ASKED

9 FOR ME AND HE SAID NO. SO I HAD NO REASON TO CHECK

10 ON THEM.

11 Q AND YOUR HUSBAND WENT TO BED THAT EVENING

12 THEN; IS THAT RIGHT?

13 A WHEN I WENT TO BED?

14 Q YES.

15 A YES.

16 Q ABOUT WHAT TIME WOULD YOU ESTIMATE YOU WENT

17 TO BED?

18 A ABOUT 2:30.

19 Q WHAT’S THE NEXT THING THAT YOU REMEMBER

20 HAPPENING AFTER YOU WENT TO BED AND THEN FELL

21 ASLEEP, I ASSUME?

22 A I REMEMBER DAMON SAYING SOMETHING ABOUT THE

23 DOG AND HE GOT OUT OF BED.

24 Q DO YOU KNOW WHAT TIME IT WAS?

25 A NO, I DON’T.

26 Q WHY NOT?

27 A BECAUSE I WAS VERY TIRED.

28 Q WERE YOU EVEN AWARE OF HIM DOING ANYTHING

Page 531

1 WHEN THE CONVERSATION ABOUT THE DOG WAS HAD?

2 A NO.

3 Q WHAT’S THE NEXT THING YOU REMEMBER

4 HAPPENING?

5 A I WOKE UP ABOUT 8:15 IN THE MORNING.

6 Q SO FROM THE DOG UNTIL YOU WAKE UP, YOU

7 WEREN’T AWARE OF ANYTHING HAPPENING?

8 A NO.

9 Q IS THAT RIGHT?

10 A RIGHT.

11 Q WERE YOU UP BEFORE OR AFTER YOUR HUSBAND?

12 A AFTER.

13 Q WHAT DID YOU DO ONCE YOU GOT UP?

14 A I LAID IN THE BED FOR ABOUT TEN MORE

15 MINUTES AND THEN I REALIZED THAT I HAD COMMITTED

16 MYSELF TO BABY-SITTING FOR MY NEIGHBOR.

17 Q WHAT DAY OF THE WEEK WAS THIS?

18 A SATURDAY.

19 Q AND WHAT DO YOU MEAN “COMMITTED” TO

20 “BABY-SITTING”?

21 A SHE ASKED ME IF I WOULD WATCH HER CHILDREN

22 FOR A COUPLE OF HOURS WHILE THEY RAN AN ERRAND.

23 Q WHERE DOES THIS FAMILY LIVE?

24 A ACROSS THE STREET.

25 Q HOW MANY KIDS DID THEY HAVE?

26 A TWO.

27 Q AGES? ABOUT?

28 A EIGHT AND FIVE.

Page 532

1 Q HAD YOU BABY-SAT FOR HER BEFORE?

2 A YES.

3 Q HAD SHE BABY-SAT FOR YOU BEFORE?

4 A YES.

5 Q HOW GOOD A FRIENDS WERE YOU?

6 A WE’RE FRIENDS.

7 Q WHAT TIME WAS SHE DUE OVER WITH HER KIDS?

8 A 9:30.

9 Q SO WHAT DID YOU DO?

10 A I TOOK A SHOWER AND GOT DRESSED. I WENT

11 DOWNSTAIRS.

12 Q WHAT WAS GOING ON DOWNSTAIRS?

13 A I WAS ASKING WHO WANTED WHAT FOR BREAKFAST.

14 Q WHO WAS DOWN THERE?

15 A DERRICK AND DYLEN AND DAMON.

16 Q DANIELLE WASN’T DOWN THERE?

17 A NO.

18 Q IS THAT UNUSUAL?

19 A NO.

20 Q WHY NOT?

21 A SHE WAS A LATE SLEEPER.

22 Q HOW HEAVY DOES SHE SLEEP, HOW SOLIDLY?

23 A PRETTY HEAVY.

24 Q HOW DO YOU KNOW?

25 A BECAUSE WHEN WE GO ON TRIPS, SOMETIMES

26 WE’LL LEAVE VERY EARLY IN THE MORNING AND WE WILL

27 CARRY THEM DOWN THE STAIRS AND PUT THEM INTO THE CAR

28 WHILE THEY’RE SLEEPING.

Page 533

1 Q CAN YOU CARRY HER?

2 A NOT ANYMORE.

3 Q HOW ABOUT YOUR HUSBAND, IS HE BIG ENOUGH

4 AND STRONG ENOUGH TO CARRY HER?

5 A YES.

6 Q HE DOESN’T HAVE TO DRAG HER? HE’S STRONG

7 ENOUGH TO CARRY HER IN HIS ARMS?

8 A YES.

9 Q DO YOU REMEMBER IF YOU MADE ANYTHING FOR

10 BREAKFAST?

11 A I STARTED GETTING THINGS OUT AND THEN THE

12 DOORBELL RANG.

13 Q WHAT WERE YOU STARTING TO MAKE?

14 A EGGS.

15 Q AND HOW DID THE DOORBELL INTERRUPT YOU?

16 A I WAS JUST GETTING STUFF OUT AT THE TIME.

17 Q AND WHAT DID YOU DO WHEN THE DOORBELL WENT

18 OFF?

19 A I ANSWERED THE DOOR. AND IT WAS JULIE WITH

20 HER TWO CHILDREN. THEY CAME IN. AND I TOLD HER,

21 HER DAUGHTER, THAT SHE COULD — I TOLD HER THAT

22 DANIELLE WASN’T AWAKE, BUT THAT SHE COULD GO AND

23 WAKE HER IF SHE WANTED TO BECAUSE IT WAS LATE

24 ENOUGH.

25 Q SO WHAT DID SHE DO, THE DAUGHTER?

26 A FROM WHAT I RECALL, SHE WENT INTO THE

27 FAMILY ROOM AND STARTED PLAYING WITH THE BOYS.

28 Q SHE DIDN’T GO UPSTAIRS?

Page 534

1 A NOT THAT I KNOW OF.

2 Q DID ANYONE GO CHECK ON DANIELLE?

3 A I STARTED CRACKING EGGS, I THINK I GOT TWO

4 CRACKED, AND THEN I REALIZED SHE HADN’T GONE UP TO

5 GET DANIELLE, SO I THOUGHT I WOULD DO IT MYSELF.

6 Q DID YOU?

7 A YES. I WENT UP INTO HER ROOM.

8 Q CAN YOU REMEMBER IF HER DOOR WAS OPEN OR

9 CLOSED OR SOMEWHERE IN BETWEEN?

10 A IT WAS OPEN.

11 Q HOW OPEN?

12 A ALL THE WAY OPEN.

13 Q AND AS YOU STAND IN THE DOORWAY TO HER

14 ROOM, WHAT ARE YOU ABLE TO SEE AS THE DOOR IS OPEN?

15 A HER BED.

16 Q DESCRIBE THE BED FOR US, WOULD YOU?

17 A HER BED HAD A LOT OF ITEMS ON IT. SHE HAD

18 PUT HER BEANBAG ON THERE. IT HAD A BIG DOG.

19 Q THE STYLE OF THE BED IS WHAT I MEANT.

20 A OH, THE STYLE OF THE BED. IT’S A

21 FOUR-POSTER WHITE BED WITH A CLOTH SCREEN THAT HANGS

22 OVER IT.

23 Q KIND OF LIKE A NETTING —

24 A A NETTING.

25 Q — THING?

26 WHAT’S THE COLOR OF THE BEDROOM?

27 A PINK AND PURPLE.

28 Q DID YOU HAVE ANY GIRLY STUFF ON THE WALLS?

Page 535

1 A YES.

2 Q DID YOU GO IN?

3 A YES.

4 Q WHAT DID YOU FIND?

5 A AN EMPTY BED.

6 Q DIDN’T FIND DANIELLE?

7 A NO.

8 Q WHAT DID YOU DO?

9 A I ASKED DAMON IF HE HAD SEEN HER. AND HE

10 SAID — I ASKED HIM IF SHE SLEPT IN HER BED BECAUSE

11 SOMETIMES SHE WOULD SLEEP — THEY LIKED TO SLEEP IN

12 DERRICK’S ROOM. HE HAS AN EXTRA BED.

13 Q WHAT DID HE SAY?

14 A HE SAID THAT HE TUCKED HER INTO HER BED.

15 Q WHAT DID YOU DO THEN, MA’AM?

16 A I LOOKED INTO THE BATHROOM BECAUSE

17 SOMETIMES SHE GETS UP AND SHE’LL SIT THERE FOR A

18 LITTLE WHILE. AND I STARTED CALLING HER NAME. I

19 STARTED LOOKING UNDER THE BEDS AND INTO THE OTHER

20 ROOMS. AND THEN I, YOU KNOW, DURING THAT TIME, I

21 TOLD DAMON I COULDN’T FIND HER. HE RAN UPSTAIRS AND

22 WE STARTED LOOKING EVERYWHERE. AND WE LOOKED

23 DOWNSTAIRS.

24 Q WHAT WAS YOUR EMOTIONAL STATE?

25 A FRANTIC.

26 Q HAD SHE EVER WANDERED AWAY BEFORE?

27 A NO.

28 Q DID SHE EVER SLEEPWALK?

Page 536

1 A JUST TO THE BATHROOM.

2 Q HOW FAR IS THAT?

3 A RIGHT OUTSIDE HER DOOR.

4 Q WHAT WAS YOUR HUSBAND DOING?

5 A HE — DURING THIS TIME?

6 Q YES.

7 A HE WAS DOWNSTAIRS. AND WHEN I TOLD HIM I

8 COULDN’T FIND HER, HE RAN UPSTAIRS AND HE LOOKED AT

9 THE HOUSE AND THEN HE WENT OUT FRONT AND STARTED

10 LOOKING.

11 Q AND YOUR NEIGHBOR, WAS SHE STILL IN THE

12 HOUSE?

13 A SHE WASN’T. I WENT OUT BACK AND LOOKED

14 SOME. WE LOOKED IN THE JACUZZI AND PLACES YOU WOULD

15 NEVER WANT TO LOOK. AND THEN I CALLED 911.

16 Q HOW QUICKLY?

17 A I DON’T REMEMBER HOW QUICKLY BUT IT WASN’T

18 VERY LONG.

19 Q YOU WEREN’T TIMING THIS, WERE YOU?

20 A NO.

21 Q ARE YOU ABLE TO ESTIMATE FOR US — WELL,

22 DID LAW ENFORCEMENT SHOW UP IN RESPONSE TO YOUR 911

23 CALL?

24 A YES.

25 Q ARE YOU ABLE TO ESTIMATE FOR US HOW LONG IT

26 TOOK THEM TO GET THERE?

27 A NO.

28 Q WHAT WERE YOU DOING IN THE MEANTIME?

Page 537

1 A I CALLED JULIE AND I ASKED HER TO COME BACK

2 AND GET HER CHILDREN BECAUSE I COULDN’T FIND

3 DANIELLE. AND THEY WERE GETTING VERY UPSET, THE TWO

4 OF THEM.

5 Q WHICH TWO?

6 A HER TWO CHILDREN AND MY TWO CHILDREN WERE

7 GETTING VERY UPSET. AND BECAUSE WE COULDN’T FIND

8 DANIELLE. SO I CALLED HER AND I TOLD HER I COULDN’T

9 FIND DANIELLE AND I ASKED HER TO COME BACK AND GET

10 HER CHILDREN.

11 Q AND HOW ABOUT YOUR TWO BOYS?

12 A THEY STAYED IN THE FAMILY ROOM WITH THEM.

13 I LOOKED IN THE NEIGHBOR’S YARD NEXT-DOOR.

14 Q WHEN THE POLICE ARRIVED, WHAT HAPPENED?

15 THE COURT: ARE YOU OKAY? DO YOU WANT A BREAK?

16 THE WITNESS: I’M OKAY.

17 THE COURT: OKAY.

18 THE WITNESS: WE TOLD HIM THAT WE COULDN’T FIND

19 DANIELLE. AND HE STARTED — HE WALKED THROUGH THE

20 HOUSE WITH US, I THINK.

21 BY MR. DUSEK:

22 Q WAS THIS A UNIFORMED OFFICER?

23 A YES.

24 Q THEN WHAT HAPPENED?

25 A WE HAD TO STAY OUTSIDE THE HOUSE.

26 Q “WE” BEING WHO?

27 A DAMON AND I AND THE TWO BOYS.

28 Q WERE YOU GIVEN A REASON?

Page 538

1 A UNTIL THE INVESTIGATORS GOT THERE.

2 Q INVESTIGATORS, DID THEY EVENTUALLY SHOW UP?

3 A YES.

4 Q WERE THEY IN UNIFORM OR WERE THEY IN PLAIN

5 CLOTHES?

6 A I DON’T RECALL.

7 Q WHAT HAPPENED WHEN THEY ARRIVED?

8 A IT’S SO HARD TO REMEMBER.

9 Q DID YOU SPEAK WITH THEM?

10 A YES.

11 Q WERE YOU INSIDE OR OUTSIDE THE HOUSE?

12 A WE WENT INSIDE AND SHOWED THEM THE ROOM.

13 Q “WE” BEING WHO?

14 A DAMON AND I.

15 Q THEN WHAT HAPPENED?

16 A BEFORE I KNEW IT, IT WAS TOTAL CHAOS.

17 Q WHAT DO YOU MEAN BY THAT?

18 A THERE WERE LOTS OF PEOPLE ON THE STREET

19 SEARCHING FOR DANIELLE. OUR NEIGHBORS CAME OUT AND

20 STARTED HELPING US IN ANY WAY THEY COULD. ONE OF

21 OUR NEIGHBORS MADE POSTERS. I MEAN FLYERS. MISSING

22 CHILD.

23 Q DID YOU SPEND THAT EVENING IN YOUR HOUSE?

24 A NO.

25 Q WHY NOT?

26 A WE WEREN’T ALLOWED BACK IN.

27 Q BY WHOM?

28 A THE POLICE DEPARTMENT.

Page 539

1 Q DID THEY TELL YOU WHY?

2 A BECAUSE THEY WERE INVESTIGATING IT,

3 SEARCHING FOR EVIDENCE.

4 Q WHEN DID YOUR HUSBAND VACUUM THE HOUSE TO

5 HIDE EVIDENCE?

6 A MY HUSBAND DOESN’T VACUUM THE HOUSE.

7 Q WE HEARD AT LEAST QUESTIONS THE OTHER DAY

8 THAT HE WAS VACUUMING THE HOUSE DESTROYING EVIDENCE.

9 DID THAT EVER HAPPEN?

10 A NO.

11 Q DID YOU HAVE ANY VACUUM CLEANER OUT THAT

12 MORNING?

13 A YES.

14 Q WHERE WAS IT?

15 A IT WAS UPSTAIRS IN THE LITTLE HALL AREA.

16 NOT — JUST SITTING NEXT TO THE WALL.

17 Q WHY WAS IT OUT THERE?

18 A BECAUSE I WAS GOING TO VACUUM THAT WEEKEND.

19 Q DO YOU ALSO HAVE A STEAM CLEANER?

20 A YES.

21 Q WHERE WAS THAT?

22 A IT WAS IN MY BEDROOM.

23 Q WHY WAS THAT OUT?

24 A IT WAS OUT BECAUSE A COUPLE OF DAYS PRIOR

25 TO DANIELLE MISSING, THE DOG HAD PEED IN HER ROOM IN

26 TWO PLACES. SHE WANTED THE DOG TO SLEEP IN HER

27 ROOM, AND THE DOG PEED IN HER ROOM AND I HAD TO

28 STEAM CLEAN IT UP.

Page 540

1 Q ARE YOU TELLING US THAT YOUR HUSBAND DIDN’T

2 VACUUM UP EVIDENCE BEFORE THE POLICE GOT THERE?

3 A NO.

4 Q DID YOU ASSIST THE POLICE IN THEIR REQUESTS

5 OF YOU AND YOUR HUSBAND?

6 A YES.

7 Q HOW ABOUT THE VACUUM CLEANER, WAS ANYTHING

8 DONE WITH REGARD TO THAT WITH THE POLICE?

9 A THEY ACTUALLY TOOK THE STEAM CLEANER.

10 Q HOW ABOUT THE VACUUM CLEANER, DID THEY

11 EVENTUALLY TAKE THAT?

12 A THEY TOOK THE BAG.

13 Q WHICH BAG?

14 A THE VACUUM CLEANER BAG.

15 Q WHERE WAS THE VACUUM CLEANER BAG? I’M

16 SORRY.

17 A IT’S INSIDE THE CANISTER.

18 Q WAS THERE ONE ALSO OUTSIDE IN THE TRASH

19 CAN?

20 A YES.

21 Q WHY WAS IT OUT THERE?

22 A BECAUSE IT WAS FULL.

23 Q WHEN DID YOU PUT IT OUT THERE?

24 A WHEN I VACUUMED THE DOWNSTAIRS AND TAKE —

25 CARRIED THE VACUUM UP THE STAIRS TO VACUUM UPSTAIRS

26 LATER, I CHANGED THE BAG.

27 Q WAS THAT BEFORE DANIELLE WAS TAKEN?

28 A YES.

Page 541

1 Q HOW LONG WERE YOU KEPT OUT OF YOUR HOUSE

2 ONCE THE POLICE TOOK OVER THE HOUSE?

3 A A DAY.

4 Q AND WHEN — WERE YOU TOLD ANYTHING AFTER

5 THE POLICE FINISHED THEIR SEARCHING ABOUT WHETHER OR

6 NOT YOU COULD GO BACK INTO THE HOUSE?

7 A YES.

8 Q WHAT DID THEY TELL YOU?

9 A THEY TOLD US WE COULD RETURN TO OUR HOME.

10 Q DID THEY TELL YOU WHAT TO DO OR NOT TO DO

11 ONCE YOU GOT BACK INSIDE?

12 A ACTUALLY, I ASKED THEM SPECIFICALLY WHAT

13 HAPPENED AS I WENT TO THE HOUSE. AND I WALKED IN —

14 MR. FELDMAN: EXCUSE ME. NO QUESTION PENDING.

15 OBJECTION.

16 THE COURT: SUSTAINED. THE ANSWER IS STRICKEN.

17 PLEASE ASK ANOTHER QUESTION.

18 BY MR. DUSEK:

19 Q WHEN YOU WALKED BACK TO THE HOUSE AND YOU

20 WENT INSIDE, WHAT DID YOU SEE?

21 A IT WAS ALL BLACK.

22 Q WHAT DO YOU MEAN BY THAT?

23 A THE TILE WAS BLACK, THE BANISTER WAS BLACK.

24 THERE WAS FINGERPRINTING DUST EVERYWHERE.

25 Q WERE THERE ANY HOLES IN THE WALL?

26 A NOT AT THE TIME.

27 Q EVENTUALLY WERE THERE?

28 A YES.

Page 542

1 Q WHY?

2 A THEY SPRAYED A CHEMICAL ON THE WALL TO LIFT

3 FINGERPRINTS AND THEY HAD TO TAKE THE DRYWALL OUT.

4 Q DID YOU LET THEM?

5 A YES.

6 Q WHY?

7 A BECAUSE I’D DO ANYTHING TO GET MY DAUGHTER

8 BACK.

9 Q WHEN YOU SAW THE CONDITION OF YOUR HOUSE,

10 ONCE YOU FIRST RETURNED THERE, WHAT DID YOU DO?

11 A I TOLD MY FRIENDS THAT I COULDN’T LET MY

12 BOYS COME INTO THAT BECAUSE IT WOULD BE — IT WOULD

13 SCARE THEM.

14 Q SO WHAT DID YOU DO?

15 A THEY GOT — THEY ASKED SOME NEIGHBORHOOD

16 MOMS TO CLEAN.

17 Q WHO ASKED?

18 A MY FRIEND.

19 Q YOUR FRIEND ASKED SOME NEIGHBORHOOD MOMS TO

20 HELP YOU CLEAN?

21 A YES. I DIDN’T CLEAN.

22 Q WHAT WAS YOUR CONDITION?

23 A I WAS DEVASTATED.

24 Q DO YOU KNOW WHETHER OR NOT THE NEIGHBORHOOD

25 MOM STARTED TO CLEAN?

26 A AFTER I ASKED FOR THEM TO CLEAN.

27 Q DID THE POLICE TELL YOU ANYTHING AT ALL

28 ABOUT WHETHER OR NOT YOU COULD CLEAN AT THAT TIME?

Page 543

1 A THEY ACTUALLY TOLD ME I COULD CLEAN THE

2 WHOLE HOUSE. AND I SPECIFICALLY ASKED THEM ABOUT

3 DANIELLE’S BEDROOM, AND THEY SAID TO CLEAN IT. AND

4 THEN I SPECIFICALLY SAID IT TWICE, AND I SAID IF I

5 CLEAN THAT BEDROOM AND YOU COME BACK TO ME AND ASK

6 ME FOR EVIDENCE, YOU ARE GOING TO BE ON MY POOP

7 LIST.

8 Q OKAY. WHAT DID THEY START CLEANING?

9 A DOWNSTAIRS.

10 Q DID THEY COMPLETE THE CLEANING JOB?

11 A DOWNSTAIRS.

12 Q DID THEY GO UPSTAIRS?

13 A NO. DAMON AND I DECIDED THAT WE DIDN’T

14 WANT THEM TO CLEAN THE ROOM. JUST IN CASE THERE WAS

15 ANYTHING ELSE THEY COULD GET OUT OF IT THAT WOULD

16 HELP FIND DANIELLE.

17 Q WAS ANYTHING DONE TO PROTECT THE ROOM?

18 A WE PUT A GATE IN FRONT OF THE DOOR AND A

19 “DO NOT ENTER” SIGN ON THE DOOR.

20 Q HAS ANYONE CLEANED THAT ROOM SINCE?

21 A NO.

22 Q ANYONE ALLOWED IN THAT ROOM?

23 A NO.

24 Q HAVE YOU GONE IN THERE?

25 A YES.

26 Q HAVE THE POLICE COME TO YOU AND YOUR

27 HUSBAND AND YOUR SONS SEEKING YOUR COOPERATION IN

28 PROVIDING EVIDENCE OR SAMPLES IN THIS CASE?

Page 544

1 A YES.

2 Q WHAT HAVE YOU PROVIDED?

3 A ANYTHING THEY ASKED FOR.

4 Q SUCH AS?

5 A WE WERE FINGERPRINTED, WE WERE DNA SWABBED.

6 Q WERE YOUR BOYS ALSO?

7 A YES.

8 AND THEY TOOK HAIR SAMPLES.

9 Q DO YOU HAVE A DOG?

10 A YES.

11 Q WHAT KIND OF DOG?

12 A WEIMARANER.

13 Q DOES THE DOG HAVE A NAME?

14 A LELA.

15 Q THE DOG BARK?

16 A NO.

17 Q WHY NOT?

18 A I REALLY DON’T KNOW EXACTLY WHY SHE DOESN’T

19 BARK, BUT I KNOW WHEN WE BOUGHT HER FROM THE

20 BREEDER, THE BREEDER HAD THE LARYNX REMOVED FROM HER

21 DOGS. AND LELA HAS NEVER REALLY BARKED.

22 Q THE TYPE OF DOG YOU HAVE, IS IT LONG HAIR

23 OR SHORT HAIR?

24 A SHORT HAIR.

25 Q HOW OLD?

26 A SHE TURNED A YEAR IN FEBRUARY.

27 Q WHERE DO YOU KEEP HER?

28 A IN THE HOUSE.

Page 545

1 Q SHE’S A HOUSE DOG?

2 A YES.

3 Q WHERE DOES SHE CUSTOMARILY SLEEP?

4 A IN MY ROOM NEXT TO MY SIDE OF THE BED.

5 Q HOW DO YOU KEEP HER IN THERE AT NIGHT?

6 A I CLOSE THE DOOR.

7 Q DID THE POLICE TAKE ANY ITEMS OF CLOTHING

8 FROM YOUR HOUSE?

9 A THEY TOOK CLOTHING FROM DANIELLE’S ROOM.

10 Q HOW ABOUT ANY BEDDING?

11 A THEY TOOK HER BEDDING.

12 Q ANY FURNITURE PIECES?

13 A YES.

14 Q DID YOU LET THEM TAKE EVERYTHING THEY

15 WANTED?

16 A YES.

17 Q HAVE YOU STOOD IN THE WAY OF ANYTHING THEY

18 HAVE ASKED YOU TO DO?

19 A NO.

20 Q HAS DAVID WESTERFIELD EVER BEEN IN YOUR

21 HOUSE, AS FAR AS YOU KNOW?

22 A NO.

23 Q HAS HE EVER BEEN INVITED IN YOUR HOUSE?

24 A NO.

25 Q HAS HE EVER BEEN INVITED IN YOUR GARAGE OR

26 ANY PART OF YOUR PROPERTY?

27 A NO.

28 Q WE’VE HEARD AT LEAST ALLEGATIONS OR PERHAPS

Page 546

1 EVEN SOME EVIDENCE ABOUT POSSIBLY BLOOD DROPS ALONG

2 THE STAIRWELL OR STAIRWAY GOING UPSTAIRS.

3 DID YOU SEE ANY OF THE POLICE OFFICERS OR

4 ANY OF THE LAB PEOPLE DOING THEIR WORK IN YOUR

5 HOUSE?

6 A YES.

7 Q HAD ANYONE BEEN BLOODY IN YOUR HOUSE WITHIN

8 A PERIOD OF TIME BEFORE DANIELLE WAS MISSING?

9 A JUST THE DOG.

10 Q WHAT HAPPENED TO THE DOG?

11 A SHE WAS RUNNING AROUND THE BACKYARD AND SHE

12 RAN INTO DAMON’S LEG AND BUSTED HER NOSE OPEN.

13 Q DID IT BLEED?

14 A IT BLED A LOT.

15 Q DID YOU SEE THE SPECKS THAT WERE ON THE

16 WALL THAT THE OFFICERS WERE COLLECTING?

17 A NO.

18 Q EITHER THEN OR AFTERWARDS?

19 A I DIDN’T.

20 Q ALL RIGHT. DO YOU KNOW HOW THEY WOULD HAVE

21 GOTTEN THERE, IF THEY’RE EVEN BLOOD?

22 A FROM THE DOG.

23 MR. FELDMAN: OBJECTION; SPECULATION, YOUR

24 HONOR, NO FOUNDATION.

25 THE COURT: SUSTAINED. AND THE ANSWER IS

26 STRICKEN.

27 BY MR. DUSEK:

28 Q DANIELLE WAS HOW OLD?

Page 547

1 A SEVEN.

2 Q HOW TIGHT OF A REIN DID YOU HAVE ON HER

3 REGARDING HER ABILITY TO WANDER AROUND THE

4 NEIGHBORHOOD AND GO VISIT PEOPLE?

5 A SHE WASN’T ALLOWED TO.

6 Q HOW ABOUT YOUR OTHER CHILDREN, WHAT KIND OF

7 RESTRICTIONS DID YOU HAVE ON ALL OF THEM?

8 A BEFORE THEY WENT ANYWHERE, THEY HAD TO ASK

9 ME. EVEN IF THEY SAW THE CHILDREN ACROSS THE STREET

10 OUT, THEY HAD TO COME IN AND ASK ME IF THEY COULD

11 CROSS THE STREET.

12 Q THEY WERE NOT ALLOWED TO CROSS THE STREET

13 ON THEIR OWN?

14 A NO.

15 Q WHY NOT?

16 A BECAUSE I NEEDED TO KNOW WHERE THEY WERE AT

17 ALL TIMES.

18 Q HOW LONG HAD THAT RULE BEEN IN EFFECT?

19 A SINCE THEY KNEW WHAT RULES WERE. I MEAN —

20 Q DID THEY COMPLY WITH THAT RULE?

21 A YES.

22 Q HOW DO YOU KNOW?

23 A BECAUSE I’VE NEVER FOUND THEM ANYWHERE THAT

24 THEY SHOULDN’T HAVE BEEN.

25 Q WOULD THEY COME AND ACTUALLY ASK YOU TO

26 CROSS THE STREET?

27 A YES.

28 Q WHEN THEY DID THAT, WHAT WOULD YOU DO?

Page 548

1 A I WOULD WALK OUT FRONT AND WATCH THEM

2 CROSS. I WOULD MAKE SURE THAT THE NEIGHBOR ACROSS

3 THE STREET KNEW THEY WERE THERE.

4 Q DANIELLE, CAN SHE WANDER BEYOND YOUR HOUSE

5 OR YOUR BLOCK, GO TO FRIENDS’ HOUSES TYPE THING?

6 A YES, SHE IS ALLOWED, NOT WITHOUT ASKING

7 PERMISSION FIRST, SHE IS ALLOWED TO RIDE HER BIKE UP

8 THE HILL AND DOWN.

9 Q THE HILL IS WHICH STREET?

10 A MOUNTAIN PASS.

11 Q THE STREET YOU LIVE ON?

12 A YES.

13 Q AND WHEN SHE RIDES THAT, IS SHE ON THE

14 STREET OR THE SIDEWALK?

15 A SIDEWALK.

16 Q AND IS SHE ABLE TO WALK TO ANY FRIENDS THAT

17 LIVE ON YOUR BLOCK?

18 A SHE HAS WALKED TO THE CUL-DE-SAC.

19 Q AND DO YOU HAVE TO CROSS A STREET TO GET

20 THERE?

21 A YOU DO.

22 Q WHAT TYPE OF RESTRICTIONS DO YOU PLACE ON

23 HER BEING ABLE TO DO THAT?

24 A SHE HAS TO ASK PERMISSION FIRST, AND I HAVE

25 TO MAKE SURE THAT THE OTHER MOM KNOWS SHE’S COMING.

26 Q SO SHE’S GOING TO A KNOWN DESTINATION?

27 A YES.

28 Q DID SHE LIVE WITH THAT RULE, COMPLY WITH

Page 549

1 IT?

2 A YES.

3 Q IS THERE ANY PARK DOWN AT ONE END OF YOUR

4 STREET?

5 A YES.

6 Q TO GET TO THE PARK, YOU HAVE TO CROSS A

7 STREET?

8 A YES.

9 Q AND THEN DO YOU HAVE TO GO BY

10 MR. WESTERFIELD’S HOUSE?

11 A YES.

12 Q WAS SHE PERMITTED TO GO DOWN THERE?

13 A SHE WAS DOWN THERE MAYBE TWO TIMES WITHOUT

14 ME, BUT I WAS IN THE DRIVEWAY WATCHING.

15 Q WOULD SHE ASK PERMISSION TO GO DOWN THERE?

16 A YES.

17 Q HOW FAR AWAY IS THIS PARK, WOULD YOU SAY?

18 WITHIN EYESIGHT OR —

19 A WITHIN EYESIGHT.

20 Q I FORGOT TO SHOW YOU SOMETHING EARLIER.

21 I’VE HAD MARKED AS PEOPLE’S EXHIBIT 6 THIS

22 THREE-PAGE DOCUMENT, LOOKS LIKE A GIRL SCOUT COOKIE

23 FORM. COUNSEL HAS A COPY AND I’VE SHOWN HIM.

24 LET ME ASK YOU TO LOOK AT EXHIBIT 6,

25 MRS. VAN DAM. IT APPEARS TO BE A XEROX COPY. BUT

26 DO YOU RECOGNIZE WHAT IT IS?

27 A YES.

28 Q WHAT IS IT?

Page 550

1 A IT’S A GIRL SCOUT COOKIE ORDER FORM.

2 Q THERE APPEAR TO BE THREE PAGES; IS THAT

3 CORRECT?

4 A YES.

5 Q IS THAT THE FORM THAT YOU AND DANIELLE WERE

6 FILLING OUT?

7 A YES.

8 Q WHEN YOU WENT TO MR. WESTERFIELD’S HOUSE?

9 A YES.

10 Q DOES IT SHOW THE PEOPLE THAT AGREED TO BUY

11 SOME OF THE COOKIES?

12 A YES.

13 Q HAD MR. WESTERFIELD AGREED TO BUY ANY

14 COOKIES?

15 A YES.

16 Q HOW MANY AND WHAT TYPE?

17 A HE AGREED TO BUY FOUR BOXES OF COOKIES; TWO

18 WERE SAMOAS, ONE WAS ALOHA CHIPS, AND THEN HE

19 DONATED ONE BOX TO THE OPERATION THIN MINT.

20 Q WHAT’S THAT MEAN?

21 A IT MEANS THAT THIS YEAR THE GIRL SCOUT

22 COUNCIL DECIDED TO TRY AND GET 5,000 BOXES OF

23 COOKIES DONATED TO THE MEN AND WOMEN OVERSEAS, AND

24 THEY WERE GOING TO SHIP THIN MINTS ONLY TO THEM.

25 Q WHEN DANIELLE SLEEPS, WHAT DOES SHE WEAR?

26 A HER PAJAMAS.

27 Q DESCRIBE THOSE FOR US.

28 A THEY WERE BLUE, LIGHT-BABY-BLUE. THE PANTS

Page 551

1 ONLY WENT DOWN TO HER MID-CALF. THEY HAD FLOWERS ON

2 THE BOTTOM, CASCADING LIGHTLY UP. AND THE TOP WAS

3 KIND OF LIKE A TANKTOP. AND IT ALSO HAD FLOWERS ON

4 THE BOTTOM AND IT HAD SOME BUTTERFLIES CASCADING UP.

5 Q DID SHE SLEEP WITH ANYTHING ON HER FEET?

6 A NO.

7 Q SLIPPERS OR SOCKS?

8 A NO.

9 Q SO THE SKIN WOULD BE EXPOSED WHEN SHE’S

10 SLEEPING ON HER FEET?

11 A YES.

12 Q HOW LONG IS HER HAIR?

13 A WE HAD JUST HAD IT CUT. IT WAS SHOULDER

14 LENGTH.

15 Q HEIGHT AND WEIGHT, IF YOU CAN TELL US?

16 A SHE WAS ABOUT 60 POUNDS.

17 Q HOW TALL?

18 A FOUR FEET.

19 Q DID SHE HAVE ANY CUTS, SCRAPES, SCABS,

20 ANYTHING THAT WAS BLEEDING OR HAD BLED AT THE TIME

21 THAT SHE WAS MISSING?

22 A NO.

23 Q HOW ABOUT BEFORE THAT, DO YOU RECALL ANY

24 CUTS, SCABS, BLOOD, ANYTHING WHERE SHE’D BEEN HURT?

25 A NO.

26 Q THANK YOU, MA’AM.

27 THE COURT: IT’S TIME FOR A RECESS. BE BACK AT

28 QUARTER TO 11:00.

Page 552

1 PLEASE REMEMBER YOU’RE ADMONISHED NOT TO

2 DISCUSS YOUR TESTIMONY WITH ANYONE. YOU CAN

3 CERTAINLY TALK TO THE DISTRICT ATTORNEY.

4 (RECESS.)

5 THE COURT: ALL RIGHT. YOU’RE STILL UNDER OATH.

6 YOU KNOW THAT.

7 THE WITNESS: YES.

8

9 CROSS-EXAMINATION

10 BY MR. FELDMAN:

11 Q GOOD MORNING, MA’AM.

12 A GOOD MORNING.

13 Q BEFORE YOU CAME TO COURT TODAY, HAVE YOU

14 HAD OCCASION TO DISCUSS THE SUBJECT MATTER OF YOUR

15 TESTIMONY WITH ANYONE?

16 A DISCUSSING IT?

17 Q YES.

18 A NO.

19 Q WELL, YOU’VE ACTUALLY MET WITH

20 REPRESENTATIVES OF THE DISTRICT ATTORNEY’S OFFICE;

21 ISN’T THAT CORRECT, PRIOR TO TODAY?

22 A YES.

23 Q AND THEY HAVE DISCUSSED WITH YOU, THESE

24 REPRESENTATIVES HAVE DISCUSSED WITH YOU SPECIFIC

25 ISSUES THAT WOULD BE RAISED WITH YOU IN THE

26 COURTROOM; ISN’T THAT CORRECT?

27 A I DON’T — I DON’T — I HAD NO IDEA WHAT

28 WAS GOING TO BE BROUGHT UP TODAY.

Page 553

1 Q DID YOU EVER HAVE CONVERSATIONS WITH

2 REPRESENTATIVES OF LAW ENFORCEMENT IN CONNECTION

3 WITH YOUR TESTIMONY WITH YOUR HUSBAND PRESENT?

4 A I’M NOT UNDERSTANDING THAT.

5 Q OKAY. WHAT I’M ASKING YOU IS WHETHER

6 YOU’VE TALKED ABOUT THE CASE WITH MR. DUSEK,

7 MR. CLARKE, AND YOUR HUSBAND PRESENT, ALL AT THE

8 SAME TIME?

9 A YES.

10 Q APPROXIMATELY HOW MANY TIMES, MA’AM?

11 A TWICE.

12 Q WHEN?

13 A I DON’T RECALL.

14 Q WELL, WAS IT WITHIN THE PAST WEEK?

15 A YES.

16 Q YOU JUST TOLD ME, I THINK, THAT IT WAS AT

17 LEAST TWO OCCASIONS THAT YOU HAD THESE DISCUSSIONS,

18 ONE OF THEM NOW WE HAVE AGREED IT’S IN THE PAST WEEK

19 OR SO, DID BOTH OF THE CONVERSATIONS OCCUR WITHIN

20 THE PAST WEEK?

21 A I DON’T RECALL.

22 Q DOES THAT MEAN THAT THEY COULD HAVE

23 OCCURRED WITHIN THE PAST WEEK, YOU’RE NOT SURE

24 WHETHER OR NOT?

25 A I JUST DON’T RECALL.

26 Q I UNDERSTAND THIS IS VERY STRESSFUL. BOTH

27 WAYS. OKAY. I’M TRYING TO BE AS PROFESSIONAL AS I

28 CAN WITH YOU. PLEASE, IF THERE’S ANYTHING I SAY,

Page 554

1 LET ME KNOW IF YOU DON’T UNDERSTAND. IF YOU WANT A

2 BREAK, PLEASE LET US KNOW, WE’LL STOP. WHATEVER YOU

3 WANT. OKAY?

4 A OKAY.

5 Q WITH REGARD TO YOUR TESTIMONY, MA’AM, DID

6 YOU HIRE A P.R. FIRM TO ASSIST YOU IN PREPARING FOR

7 THIS MOMENT?

8 MR. DUSEK: OBJECTION; VAGUE AS TO WHAT “THIS

9 MOMENT” IS, IRRELEVANT.

10 THE COURT: OVERRULED.

11 THE WITNESS: DO I ANSWER THAT?

12 THE COURT: YES, PLEASE.

13 THE WITNESS: WE DID NOT HIRE SOMEONE TO PREPARE

14 ME FOR THIS MOMENT, NO.

15 BY MR. FELDMAN:

16 Q DID YOU HIRE A P.R. FIRM?

17 MR. DUSEK: IRRELEVANT ON THAT BASIS.

18 THE COURT: SUSTAINED.

19 NEXT QUESTION.

20 BY MR. FELDMAN:

21 Q WITH REGARD TO YOUR DEALINGS WITH THE

22 MEDIA, HAVE YOU HIRED A P.R. FIRM?

23 MR. DUSEK: IRRELEVANT.

24 THE COURT: SUSTAINED.

25 BY MR. FELDMAN:

26 Q HOW MANY DIFFERENT TIMES WOULD YOU ESTIMATE

27 YOU’VE SPOKEN ABOUT WHAT YOU’VE TESTIFIED TODAY

28 BEFORE TODAY?

Page 555

1 A I DON’T KNOW.

2 MR. DUSEK: OBJECTION; VAGUE.

3 THE COURT: IT’S OVERRULED. SHE SAID SHE DIDN’T

4 KNOW.

5 NEXT QUESTION, COUNSEL.

6 BY MR. FELDMAN:

7 Q IN FEBRUARY OF THE YEAR 2001, HOW WAS YOUR

8 RELATIONSHIP WITH YOUR HUSBAND?

9 MR. DUSEK: OBJECTION; IRRELEVANT, 352.

10 MR. FELDMAN: FOUNDATION.

11 MR. DUSEK: YEAR AGO.

12 THE COURT: SUSTAINED.

13 NEXT QUESTION.

14 MR. FELDMAN: YOUR HONOR, THEY ASKED ABOUT THE

15 MARRIAGE.

16 THE COURT: SUSTAINED.

17 NEXT QUESTION.

18 BY MR. FELDMAN:

19 Q ^ DID YOU AND YOUR HUSBAND HAVE A

20 DISCUSSION CONCERNING WHETHER OR NOT HE SHOULD OR

21 YOU SHOULD HAVE A DIVORCE WITHIN THE PAST 12 MONTHS?

22 MR. DUSEK: OBJECTION; IRRELEVANT, 352.

23 THE COURT: SUSTAINED.

24 BY MR. FELDMAN:

25 Q WITH REGARD TO YOUR RELATIONSHIP WITH

26 BARBARA EASTON, HOW DID YOU MEET MISS EASTON?

27 MR. DUSEK: OBJECTION.

28 THE COURT: OVERRULED.

Page 556

1 THE WITNESS: I MET MISS EASTON THROUGH DENISE.

2 BY MR. FELDMAN:

3 Q DENISE KEMAL; IS THAT CORRECT?

4 A DENISE KEMAL.

5 Q AND ARE MISS EASTON AND DENISE YOUR CLOSE

6 FRIENDS?

7 A DENISE IS MY CLOSE FRIEND.

8 Q WOULDN’T YOU SAY THAT BARBARA, TOO, IS A

9 CLOSE FRIEND?

10 A I DON’T KNOW HER THAT WELL.

11 Q WELL, WOULD YOU CHARACTERIZE HER AS AN

12 INTIMATE FRIEND?

13 MR. DUSEK: OBJECTION; IRRELEVANT.

14 THE COURT: OVERRULED.

15 MR. DUSEK: VAGUE.

16 THE COURT: OVERRULED.

17 YOU MAY ANSWER.

18 THE WITNESS: CAN YOU REPEAT YOUR QUESTION.

19 BY MR. FELDMAN:

20 Q WOULD YOU CHARACTERIZE BARBARA EASTON AS AN

21 INTIMATE FRIEND OF YOURS?

22 A WHAT DO YOU MEAN BY “INTIMATE”?

23 Q VERY CLOSE.

24 A NO.

25 Q SEXUALLY VERY CLOSE?

26 MR. DUSEK: OBJECTION; IRRELEVANT, 352.

27 THE COURT: SUSTAINED.

28 /////

Page 557

1 BY MR. FELDMAN:

2 Q DIRECTING YOUR ATTENTION TO THE 25TH OF

3 JANUARY THIS YEAR, YOU TOLD MR. DUSEK ON DIRECT

4 EXAMINATION YOU WENT TO DAD’S BAR.

5 DO YOU RECALL THAT?

6 A CAN YOU REPEAT THE QUESTION?

7 Q DIRECTING YOUR ATTENTION TO JANUARY 25TH OF

8 THIS YEAR, YOU TOLD MR. DUSEK ON DIRECT EXAMINATION

9 THAT YOU WENT TO DAD’S BAR.

10 DO YOU RECALL THAT?

11 A YES.

12 Q YOU WENT TO DAD’S BAR WITH BARBARA EASTON,

13 DID YOU NOT?

14 A AND DENISE, YES.

15 Q AND THE THREE OF YOU WERE DRINKING AT DAD’S

16 BAR; ISN’T THAT CORRECT?

17 A YES.

18 Q HOW MANY DRINKS DID YOU HAVE THAT EVENING?

19 A I DON’T RECALL.

20 Q WAS IT MORE THAN SIX?

21 A NO.

22 Q WAS IT MORE THAN FOUR?

23 A I COULDN’T GIVE YOU AN EXACT ANSWER.

24 Q WELL, YOU TOLD ME YOU THOUGHT IT WAS LESS

25 THAN SIX.

26 A SO IT’S LESS THAN SIX.

27 Q LESS THAN SIX BUT MAYBE MORE THAN FOUR, IS

28 THAT A FAIR STATEMENT?

Page 558

1 A NO, I WOULDN’T SAY YES OR NO TO THAT. I

2 DON’T REMEMBER.

3 Q IS THAT BECAUSE YOU HAD SO MUCH TO DRINK IT

4 ADVERSELY AFFECTED YOUR MEMORY THERE?

5 A NO, IT’S BECAUSE I’VE BEEN THROUGH A

6 REALLY, REALLY TERRIBLE THING AND A LOT OF THINGS I

7 DON’T REMEMBER AT THIS POINT.

8 Q ON THE 25TH, MA’AM, DID YOU SMOKE

9 MARIJUANA?

10 A I DON’T RECALL.

11 Q DO YOU RECALL LAW ENFORCEMENT SPEAKING TO

12 YOU ON AT LEAST SIX OR SEVEN DIFFERENT OCCASIONS IN

13 A FORMAL MANNER AFTER YOUR DAUGHTER WAS LOST?

14 A I DON’T KNOW THE EXACT NUMBER, BUT YES, WE

15 DID.

16 Q AND DO YOU RECALL LAW ENFORCEMENT

17 SPECIFICALLY ASKED YOU QUESTIONS ABOUT WHAT HAPPENED

18 TO YOU ON JANUARY THE 25TH?

19 A YES.

20 Q AND DO YOU RECALL SPECIFICALLY TELLING LAW

21 ENFORCEMENT THAT ON JANUARY THE 25TH YOU AND BARBARA

22 WERE DANCING PROVOCATIVELY AT DAD’S TOGETHER?

23 A WE WERE DANCING.

24 Q DO YOU RECALL TELLING LAW ENFORCEMENT THAT

25 BARBARA WAS TOUCHING YOUR BREASTS WHILE YOU WERE

26 DANCING AT DAD’S?

27 A SHE DID NOT TOUCH ME. SHE — I DON’T KNOW

28 HOW TO EXPLAIN IT. SHE DIDN’T PHYSICALLY TOUCH ME.

Page 559

1 Q YOU JUST USED YOUR HANDS AND MADE A

2 GESTURE.

3 A SHE WAS MAYBE DANCING WITH HER HANDS LIKE

4 THIS BUT SHE DIDN’T TOUCH ME.

5 Q SO IT’S FAIR TO —

6 THE COURT: YOU WANT TO DESCRIBE FOR THE RECORD

7 WHAT SHE DID?

8 BY MR. FELDMAN:

9 Q I CAN DESCRIBE IT. OR COULD YOU PLEASE

10 DESCRIBE WHAT YOU JUST DID WITH YOUR HANDS?

11 A I DON’T KNOW HOW TO DESCRIBE IT.

12 THE COURT: WHY DON’T YOU DO IT AGAIN AND WE’LL

13 TRY TO DO IT. SHOW US ONCE AGAIN.

14 THE WITNESS: WE WERE DANCING AND SHE WAS JUST

15 DOING HAND MOTIONS.

16 THE COURT: ALL RIGHT.

17 MR. FELDMAN: IT DOES APPEAR FOR THE RECORD, THE

18 WITNESS USED BOTH HER HANDS, HER FINGERS APPEARED

19 SPREAD OUT, AND SHE WAS MOVING THEM IN A COUNTER

20 CIRCULAR OR SEMI-CIRCULAR MOTION.

21 THE WITNESS: WE WERE DANCING.

22 THE COURT: THAT SEEMS TO BE APPROPRIATE.

23 MR. FELDMAN: THANK YOU.

24 THE COURT: NEXT QUESTION.

25 I DIDN’T SAY THERE WAS ANYTHING WRONG. I’M

26 JUST TRYING TO GET THE DESCRIPTION ON THE RECORD.

27 NEXT QUESTION.

28 /////

Page 560

1 BY MR. FELDMAN:

2 Q IT’S CORRECT, IS IT NOT, THAT THE FIRST

3 TIME YOU MET BARBARA EASTON WAS AT DAD’S BAR?

4 A YES, I MET BARBARA AT DAD’S CAFE.

5 Q YOU’RE CALLING IT A CAFE TODAY. DO YOU

6 RECALL TELLING LAW ENFORCEMENT INVESTIGATOR NAMED

7 HOWARD LABORE THAT IT WAS DAD’S BAR?

8 A I MIGHT HAVE. I’M NOT SURE.

9 Q AND DID YOU TELL HOWARD LABORE, THE

10 INVESTIGATOR — WELL, DO YOU RECALL THAT THERE WAS

11 AN INVESTIGATOR WITH WHOM YOU SPOKE NAMED HOWARD

12 LABORE?

13 A YES, THERE WAS.

14 Q HE WAS A POLICE OFFICER; IS THAT CORRECT,

15 MA’AM?

16 A YES, HE WAS.

17 Q AND DO YOU RECALL TELLING HIM, HIM TELLING

18 YOU THAT IT WAS VERY, VERY IMPORTANT THAT YOU TOLD

19 HIM ALL DETAIL, THAT YOU PROVIDED TO HIM EVERY PIECE

20 OF INFORMATION YOU POSSIBLY COULD CONCERNING YOUR

21 RELATIONSHIPS WITH PEOPLE, AND YOUR DAUGHTER?

22 A YES, I DO.

23 Q AND YOU TOLD HOWARD LABORE THAT YOU WERE

24 WITH DENISE KEMAL WHEN YOU FIRST MET BARBARA ABOUT

25 SIX OR EIGHT MONTHS AGO; ISN’T THAT CORRECT?

26 A YES.

27 Q IT’S CORRECT THAT YOU WERE IN THE BAR WITH

28 DENISE DRINKING; CORRECT?

Page 561

1 A THAT’S NOT WHERE WE WENT FIRST. WE HAD A

2 NIGHT PLANNED AND THAT JUST KIND OF CAME INTO THE

3 PICTURE.

4 Q WHERE DID YOU GO FIRST?

5 A FIRST WE WENT TO DINNER AT FILIPPI’S.

6 Q DID YOU HAVE ANYTHING TO DRINK AT

7 FILIPPI’S?

8 A NO.

9 Q NO BEER?

10 A NO. AND THEN WE WENT TO CERAMIC CAFE.

11 Q I’M SORRY?

12 A CERAMIC CAFE.

13 Q WHERE IS THAT?

14 A YOU GO PAINT POTTERY.

15 Q THEN WHERE?

16 A AND THEN WE DECIDED THERE THAT WE WOULD GO

17 HAVE A DRINK. AND WE ENDED — ENDED UP AT DAD’S

18 BECAUSE IT WAS CLOSE BY.

19 Q ALL RIGHT. AND IT WAS AT DAD’S ON THAT

20 PARTICULAR DATE WHERE YOU WERE, IN FACT, DRINKING

21 WITH BARBARA; ISN’T THAT CORRECT?

22 A YES, I HAD A DRINK WITH BARBARA.

23 Q AND BARBARA BEGAN TO TALK TO YOU ABOUT

24 HEDONISM; IS THAT CORRECT?

25 MR. DUSEK: OBJECTION; IRRELEVANT.

26 THE COURT: SUSTAINED.

27 BY MR. FELDMAN:

28 Q ISN’T IT TRUE THAT YOU AND DENISE THEN

Page 562

1 ENGAGED BARBARA IN A DISCUSSION CONCERNING

2 LIFE-STYLES?

3 MR. DUSEK: OBJECTION; 352.

4 THE COURT: COUNSEL, WHEN WAS THIS SUPPOSED TO

5 HAVE HAPPENED?

6 MR. FELDMAN: EIGHT TO NINE MONTHS. IT’S THE

7 TIME THEY MET BARBARA.

8 THE COURT: SUSTAINED.

9 HOW IS THIS GOING TO HELP ME DECIDE WHETHER

10 OR NOT THERE’S SUFFICIENT CAUSE IN THIS CASE?

11 LET’S PROCEED.

12 OBVIOUSLY, MY RULINGS HAVE NOTHING TO DO

13 WITH THE TRIAL. IF THERE IS A TRIAL.

14 MR. FELDMAN: YES, YOUR HONOR.

15 BY MR. FELDMAN:

16 Q ON THE 25TH — STRIKE THAT.

17 WITH REGARD TO YOUR HOUSE — LET ME JUMP

18 AROUND A LITTLE BIT.

19 I THINK YOU TOLD MR. DUSEK THAT THERE HAD

20 BEEN SOME KIND OF MODIFICATION MADE BY — TO THE

21 LOCK ON THE DOOR IN YOUR GARAGE.

22 IS THAT CORRECT?

23 A YES.

24 Q COULD YOU PLEASE DESCRIBE THAT

25 MODIFICATION.

26 A THE DOOR HANDLE WAS TRANSPOSED.

27 Q WHAT WAS THE REASON FOR THAT?

28 A SO THAT OUR CHILDREN COULD NOT WALK INTO

Page 563

1 THE GARAGE.

2 Q AND WHY DIDN’T YOU WANT YOUR CHILDREN TO

3 WALK INTO THE GARAGE?

4 A BECAUSE IF WE DID SMOKE OUT THERE, WE

5 DIDN’T WANT THEM TO COME INTO THE GARAGE AND SMELL

6 IT.

7 Q WHEN YOU SAY “SMOKE,” YOU DON’T MEAN

8 CIGARETTES, YOU MEAN MARIJUANA, DON’T YOU?

9 A YES.

10 Q HOW OFTEN WOULD YOU SMOKE MARIJUANA BETWEEN

11 WE’LL SAY THE 25TH OF JANUARY AND THE 1ST OF

12 FEBRUARY THIS YEAR?

13 A YOU’RE TALKING ABOUT 25TH OF JANUARY —

14 OKAY. ONCE.

15 Q WHEN WAS THAT?

16 A I WOULD SAY APPROXIMATELY ONE TIME AND IT

17 WAS FRIDAY, FEBRUARY 1ST.

18 Q THAT WAS THE DAY YOU SMOKED THE JOINT THAT

19 YOU WERE REFERENCING ON DIRECT EXAMINATION; IS THAT

20 CORRECT?

21 A YES.

22 Q NOW, YOU HAVE EXPERIENCE SMOKING MARIJUANA;

23 IS THAT CORRECT?

24 MR. DUSEK: OBJECTION; IRRELEVANT.

25 MR. FELDMAN: FOUNDATION TO QUALITY.

26 THE COURT: I UNDERSTAND ALSO IT HAS TO GO TO —

27 THAT IT ALSO GOES TO HER CAPABILITIES ON THAT.

28 OVERRULED.

Page 564

1 MR. FELDMAN: THANK YOU.

2 THE WITNESS: REPEAT THE QUESTION.

3 BY MR. FELDMAN:

4 Q YOU HAVE EXPERIENCE SMOKING MARIJUANA IN

5 THE PAST; ISN’T THAT CORRECT, MA’AM?

6 A WHAT DO YOU MEAN BY “EXPERIENCE”?

7 Q HOW MANY TIMES HAVE YOU USED MARIJUANA?

8 A NOT MANY.

9 Q WHEN YOU SAY “NOT MANY,” IS THAT MORE THAN

10 TEN?

11 A MAYBE — YOU KNOW, I DID NOT EXPERIENCE IT

12 UNTIL — I DON’T KNOW HOW TO.

13 THE COURT: THE QUESTION IS: CAN YOU ESTIMATE

14 FOR US HOW MANY TIMES YOU’VE SMOKED MARIJUANA? IF

15 YOU CAN.

16 THE WITNESS: ONE MOMENT, PLEASE.

17 I HAVE TO GUESS AT A NUMBER. IS THAT OKAY?

18 THE COURT: WE CALL IT ESTIMATE.

19 THE WITNESS: ESTIMATE. OKAY.

20 MAYBE 30 TIMES.

21 BY MR. FELDMAN:

22 Q ALL RIGHT. AS A RESULT OF YOU UTILIZING

23 MARIJUANA ON 30 DIFFERENT OCCASIONS, YOU’VE HAD THE

24 OPPORTUNITY TO DISCERN BETWEEN QUALITY; RIGHT? IN

25 OTHER WORDS, YOU CAN TELL WHAT’S GOOD VERSUS WHAT’S

26 NOT SO GOOD; IS THAT RIGHT, BASED ON HOW IT AFFECTS

27 YOU?

28 A ACTUALLY, I COULDN’T TELL YOU.

Page 565

1 Q CAN YOU —

2 A I COULDN’T ANSWER THAT QUESTION.

3 Q CAN YOU TELL ME WHETHER OR NOT THE

4 MARIJUANA YOU SMOKED ON FEBRUARY 1ST WAS GOOD

5 MARIJUANA OR BAD MARIJUANA?

6 A NO. I DON’T KNOW.

7 Q CAN YOU TELL ME WHETHER IT GOT YOU HIGH?

8 A YES, IT DID.

9 Q ON THREE SEPARATE OCCASIONS THAT EVENING;

10 CORRECT?

11 A TWO.

12 Q YOU TOLD US, I THINK —

13 A SEPARATE —

14 Q I DON’T WANT TO INTERRUPT YOU.

15 A THAT’S OKAY. GO AHEAD.

16 Q YOU TOLD US THAT ON THE 1ST BEFORE YOU WENT

17 TO DAD’S YOU HAD SMOKED MARIJUANA IN THE GARAGE;

18 RIGHT?

19 A YES.

20 Q AND THEN IT’S CORRECT, ISN’T IT, THAT AT

21 SOME POINT AT DAD’S YOU MET RICH BRADY AND SMOKED

22 MARIJUANA; IS THAT CORRECT?

23 A I DIDN’T MEET RICH BRADY. HE WAS ALREADY

24 THERE. AND I SMOKED WITH DENISE AND BARBARA.

25 Q AND WASN’T — YOU SAID, I THINK YOU TOLD US

26 ON DIRECT THAT THERE WAS A COUPLE OF OTHER MEN

27 PRESENT AT THE TIME.

28 A THEY WALKED OUT TO THE TRUCK WITH US.

Page 566

1 Q “THEY.” CAN YOU PLEASE TELL ME WHO “THEY”

2 ARE?

3 A RICH AND KEITH.

4 Q AND RICH IS YOUR SOURCE FOR MARIJUANA,

5 ISN’T HE?

6 MR. DUSEK: OBJECTION; IRRELEVANT.

7 THE COURT: SUSTAINED.

8 BY MR. FELDMAN:

9 Q RICH PROVIDED YOU MARIJUANA?

10 MR. DUSEK: SAME OBJECTION, YOUR HONOR.

11 THE COURT: WAIT A MINUTE.

12 ARE YOU SAYING THAT EVENING?

13 MR. FELDMAN: YES. THE EVENING OF THE 1ST.

14 THE COURT: OVERRULED.

15 BY MR. FELDMAN:

16 Q RICH PROVIDED YOU WITH MARIJUANA THAT

17 EVENING; ISN’T THAT CORRECT?

18 A YES.

19 Q AND WHEN WAS IT THAT YOU MET WITH RICH THAT

20 PUT YOU IN A POSITION WHERE YOU COULD GET MARIJUANA

21 FROM HIM ON THE EVENING OF FEBRUARY THE 1ST?

22 MR. DUSEK: IRRELEVANT, 352.

23 THE COURT: OVERRULED.

24 THE WITNESS: I DIDN’T GET IT ON THE 1ST.

25 BY MR. FELDMAN:

26 Q WHEN DID YOU GET IT?

27 A I DON’T RECALL.

28 Q WAS IT —

Page 567

1 THE COURT: COUNSEL, IF SHE DIDN’T GET IT ON THE

2 FIRST —

3 MR. FELDMAN: THE 25TH IS THE ONLY PLACE I WAS

4 HEADING.

5 THE COURT: THEN ASK HER THAT.

6 MR. FELDMAN: I’M LIMITING IT. JUST SO YOUR

7 HONOR KNOWS.

8 THE COURT: I KNOW.

9 BY MR. FELDMAN:

10 Q HOW ABOUT CAN YOU TELL US WHETHER OR NOT

11 YOU OBTAINED MARIJUANA FROM RICH BETWEEN 25 JANUARY

12 AND 1 FEBRUARY?

13 THE COURT: THE QUESTION THAT I’M INTERESTED IN

14 IS: DID SHE OBTAIN IT FROM HIM ON 25 JANUARY?

15 MR. FELDMAN: YES.

16 THE WITNESS: NO.

17 THE COURT: NEXT QUESTION.

18 BY MR. FELDMAN:

19 Q HOW ABOUT THE 26TH?

20 A I DON’T RECALL.

21 Q WAS — I’M ASKING YOU —

22 A I DON’T RECALL WHEN I GOT IT.

23 Q OKAY. BEFORE ON THE 1ST OF FEBRUARY WHEN

24 YOU WENT TO THE BAR — I’M SORRY, BEFORE YOU WENT TO

25 THE BAR, YOU TOLD US BARBARA AND DENISE SHOWED UP AT

26 YOUR HOUSE; CORRECT?

27 A ON THE 1ST?

28 Q YES.

Page 568

1 A YES.

2 Q IT’S CORRECT THAT BOTH BARBARA AND DENISE

3 APPEARED TO BE UNDER THE INFLUENCE OF SOME SUBSTANCE

4 WHEN THEY ARRIVED AT YOUR HOUSE; ISN’T THAT RIGHT?

5 A NOT THAT I KNOW.

6 Q DIDN’T YOU TELL LAW ENFORCEMENT THAT THEY

7 HAD CONSUMED AT LEAST ONE BOTTLE OF WINE BEFORE THEY

8 GOT TO YOU THAT EVENING?

9 MR. DUSEK: OBJECTION; CALLS FOR SPECULATION.

10 THE COURT: THE QUESTION IS WHETHER OR NOT SHE

11 TOLD LAW ENFORCEMENT. THAT’S THE ONLY QUESTION.

12 MR. DUSEK: BASED ON WHAT SHE SAID, IT WOULD

13 CALL FOR SPECULATION UNLESS SHE SAW IT.

14 THE COURT: OVERRULED.

15 THE WITNESS: I DON’T RECALL TELLING THEM THAT.

16 BY MR. FELDMAN:

17 Q DO YOU RECALL WHETHER OR NOT IT APPEARED TO

18 YOU AS THOUGH DENISE AND BARBARA HAD BEEN DRINKING

19 PRIOR TO THEIR ARRIVAL AT YOUR HOUSE?

20 A IT DIDN’T APPEAR THAT TO ME.

21 Q HOW MUCH TIME ELAPSED BETWEEN THE TIME THEY

22 ARRIVED AT YOUR HOUSE AND THE TIME YOU WENT INTO THE

23 GARAGE AND SMOKED A JOINT BEFORE YOU WENT TO DAD’S?

24 A APPROXIMATELY FIVE TO TEN MINUTES.

25 Q AND DAMON ALSO SMOKED THE MARIJUANA WITH

26 YOU; IS THAT CORRECT?

27 A YES.

28 Q SO IT WAS JUST THE FOUR OF YOU IN THE

Page 569

1 GARAGE; IS THAT CORRECT?

2 A YES.

3 Q SMOKING MARIJUANA?

4 A YES.

5 Q WAS ANYBODY DRINKING ANYTHING OF AN

6 ALCOHOLIC NATURE AT THE SAME TIME?

7 A DENISE AND BARBARA SHARED A BEER.

8 Q HOW ABOUT DAMON, WAS HE DRINKING ANYTHING?

9 A NOT THAT I KNOW OF.

10 Q HOW LONG DID YOU STAY IN THE GARAGE SMOKING

11 AND DRINKING, APPARENTLY?

12 A DAMON DID NOT STAY IN THE GARAGE. DENISE

13 AND BARBARA AND I WERE IN THERE APPROXIMATELY 15

14 MINUTES.

15 Q I’M SORRY. YOU JUST SAID DAMON DIDN’T STAY

16 IN THERE?

17 A HE DIDN’T STAY IN THE GARAGE.

18 Q DO YOU MEAN TO COMMUNICATE HE CAME INTO THE

19 GARAGE, HAD SOME MARIJUANA, AND THEN LEFT?

20 A YES.

21 Q AND DO YOU RECALL HOW MUCH MARIJUANA HE

22 HAD?

23 A MAYBE ONE OR TWO PUFFS.

24 Q HOW MUCH MARIJUANA DID YOU HAVE?

25 A MAYBE THREE OR FOUR PUFFS.

26 Q HOW MUCH MARIJUANA DID DENISE AND BARBARA

27 HAVE, IF YOU RECALL?

28 A PROBABLY THE SAME.

Page 570

1 Q HOW BIG WAS THE JOINT BY THE TIME YOU GOT

2 DONE USING IT IN THE GARAGE?

3 A APPROXIMATELY HALF.

4 Q AND YOU TRANSPORTED THAT, DID YOU NOT, TO

5 DAD’S BAR FOR LATER USE THAT EVENING?

6 A I DON’T KNOW WHO CARRIED IT.

7 Q DID YOU?

8 A NO.

9 Q WHEN YOU GOT TO DAD’S BAR — STRIKE THAT.

10 HOW MUCH TIME ELAPSED BETWEEN THE TIME YOU

11 FINISHED SMOKING MARIJUANA AND THE TIME YOU ARRIVED

12 AT DAD’S BAR ON FEBRUARY 1?

13 A APPROXIMATELY 30 TO 45 MINUTES.

14 Q DID YOU HAVE ANYTHING OF AN ALCOHOLIC

15 NATURE TO DRINK BEFORE YOU WENT TO DAD’S AND AFTER

16 YOU SMOKED MARIJUANA?

17 A NO.

18 Q AND THEN IT WAS DECIDED, WAS IT, THAT YOU

19 WOULD BE THE DESIGNATED DRIVER FOR THAT EVENING; IS

20 THAT CORRECT?

21 A I USUALLY AM.

22 Q ON THAT PARTICULAR DAY, FEBRUARY 1, WAS A

23 DECISION MADE THAT YOU WOULD BE THE DESIGNATED

24 DRIVER?

25 A I DROVE MY CAR, YES.

26 Q AND WAS IT YOUR INTENT TO RETAIN YOUR

27 SOBRIETY SO THAT YOU COULD DRIVE BACK?

28 A YES.

Page 571

1 Q NOW, WHEN YOU GOT TO DAD’S, WAS IT ABOUT

2 WHAT TIME?

3 A IT WAS APPROXIMATELY 8:30 TO 8:45.

4 Q DO YOU RECALL TELLING DETECTIVE LABORE

5 THAT, IN FACT, YOU LEFT FOR DAD’S AT APPROXIMATELY

6 9:00 P.M.?

7 A I DON’T RECALL.

8 Q FOR THE LIMITED PURPOSE OF REFRESHING YOUR

9 RECOLLECTION, DETECTIVE LABORE HAS WRITTEN A REPORT

10 WHERE HE INDICATES YOU TOLD HIM YOU LEFT FOR DAD’S

11 AT NINE O’CLOCK.

12 DOES THAT REFRESH YOUR MEMORY AS TO WHETHER

13 YOU LEFT FOR DAD’S AT NINE O’CLOCK?

14 A I DON’T KNOW THE EXACT TIME THAT WE LEFT.

15 Q THE QUESTION WAS, THOUGH, MA’AM, DID WHAT I

16 TELL YOU REFRESH YOUR MEMORY?

17 A ABOUT WHAT I SPOKE TO?

18 Q ABOUT WHAT TIME YOU LEFT FOR DAD’S.

19 A NO.

20 Q WHEN YOU WERE AT DAD’S ON THE EVENING OF

21 THE 1ST OF FEBRUARY, DID YOU DANCE?

22 A YES.

23 Q AND I THINK YOU TOLD MR. DUSEK THAT YOU HAD

24 CONSUMED SEVERAL ALCOHOLIC BEVERAGES THAT EVENING.

25 IS THAT CORRECT?

26 A YES.

27 Q ASSUMING THAT YOU ARRIVED AT DAD’S,

28 WHENEVER YOU ARRIVED AT DAD’S, HOW MUCH TIME ELAPSED

Page 572

1 BETWEEN YOUR ARRIVAL AT DAD’S AND THE TIME OF YOUR

2 FIRST DRINK?

3 A APPROXIMATELY TEN MINUTES.

4 Q AND HOW LONG WOULD YOU ESTIMATE IT TOOK YOU

5 TO CONSUME THAT DRINK?

6 A I DON’T RECALL.

7 Q HOW MUCH TIME WOULD YOU ESTIMATE IT TOOK

8 BEFORE YOU HAD YOUR SECOND DRINK?

9 A I DON’T RECALL.

10 Q HOW MUCH TIME — WELL, ANOTHER TEN MINUTES,

11 PERHAPS?

12 A NO.

13 Q WERE YOU TRYING TO CONTROL YOUR INTAKE TO

14 INSURE YOUR SOBRIETY?

15 A YES, I WAS.

16 Q AND YOU WERE THEREFORE CAREFUL IN HOW — IN

17 HOW MUCH ALCOHOL YOU CONSUMED ON FEBRUARY THE 1ST;

18 ISN’T THAT CORRECT?

19 A YES.

20 Q AND SO CAN WE ASSUME — STRIKE THAT.

21 WITH REGARD TO YOUR DRINKING HABITS, WHEN

22 YOU HAVE MORE THAN ONE COCKTAIL, DO YOU GIVE

23 YOURSELF TIME TO GET OVER THE EFFECTS BEFORE YOU

24 HAVE A SECOND ONE?

25 A WHEN I’M — CAN YOU REPEAT THE QUESTION,

26 PLEASE.

27 THE COURT: WOULD YOU READ THE QUESTION BACK,

28 PLEASE?

Page 573

1 (REQUESTED INFORMATION READ.)

2 THE WITNESS: FIRST OF ALL, I DON’T CONSIDER

3 MYSELF TO HAVE A DRINKING HABIT.

4 BY MR. FELDMAN:

5 Q ON THE EVENING OF FEBRUARY 1, DID YOU HAVE

6 OCCASION TO DANCE WITH BARB AND DENISE?

7 A YES.

8 Q WHILE YOU WERE DANCING WITH BARBARA AND

9 DENISE, WERE YOU TWO WOMEN, THE TWO OTHER WOMEN

10 DANCING IN A PROVOCATIVE MANNER?

11 A I DON’T RECALL.

12 Q DO YOU RECALL TELLING HOWARD LABORE THAT

13 THE TWO WOMEN WERE HAVING FUN?

14 A YES.

15 Q AND THAT IT EMBARRASSED YOU WHEN BARBARA

16 TOUCHED YOU IN PUBLIC?

17 A YES.

18 Q AND THAT WHILE DANCING BARBARA DID TRY AND

19 GRAB YOU WHILE YOU WERE ON THE DANCE FLOOR?

20 A YES.

21 Q AND THAT BARBARA DID HUG YOU SEVERAL TIMES

22 THAT NIGHT?

23 A YES.

24 Q AND THAT BARBARA TRIED TO GRAB YOUR

25 BREASTS?

26 A I EXPLAINED THAT TO YOU ALREADY. WHILE SHE

27 WAS DANCING, SHE DID THE HAND MOTION. SHE NEVER

28 PHYSICALLY TOUCHED ME.

Page 574

1 Q I’M ASKING — ISN’T IT CORRECT YOU TOLD

2 HOWARD LABORE AFTER HE TOLD YOU IT WAS ESSENTIAL YOU

3 TELL HIM THE TRUTH, THAT BARBARA, IN FACT, ATTEMPTED

4 TO GRAB YOUR BREASTS?

5 A YES.

6 Q NOW, THE DESCRIPTION THAT YOU MADE EARLIER

7 DID NOT IMPLICATE HER REACHING OUT AND TRYING TO

8 GRAB YOU.

9 A BECAUSE THAT’S NOT WHAT SHE DID.

10 Q BUT YOU TOLD — WHEN YOU TOLD HOWARD LABORE

11 THAT BARBARA TRIED TO GRAB YOUR BREASTS BUT YOU

12 STOPPED HER, WHAT DID YOU MEAN TO COMMUNICATE,

13 MA’AM?

14 A SHE WAS DOING HER HAND MOTIONS DANCING.

15 Q DO YOU RECALL THAT DENISE WAS ON THE WILD

16 SIDE THAT NIGHT?

17 A WHICH NIGHT?

18 Q 2-1.

19 A I DON’T RECALL.

20 Q DO YOU RECALL TELLING HOWARD LABORE THAT

21 DENISE WAS SEXUAL DANCING WITH BARBARA THAT NIGHT,

22 THEY WERE RUBBING THEIR BODIES TOGETHER?

23 MR. DUSEK: OBJECTION; IMPROPER IMPEACHMENT.

24 SHE DIDN’T RECALL IT, YOUR HONOR.

25 THE COURT: OVERRULED.

26 THE WITNESS: I DON’T RECALL TELLING HIM THAT.

27 BY MR. FELDMAN:

28 Q FOR THE LIMITED PURPOSE OF REFRESHING YOUR

Page 575

1 RECOLLECTION, I’M READING FROM HOWARD LABORE’S

2 REPORT, AND I’M GOING TO READ THE STATEMENT AND ASK

3 WHETHER OR NOT IT REFRESHES YOUR MEMORY, MA’AM.

4 “I DID DANCE WITH DENISE” — I’M SORRY.

5 LET ME START AT THE BEGINNING OF THE PARAGRAPH.

6 MR. FELDMAN: COUNSEL, IT’S 1250.

7 BY MR. FELDMAN:

8 Q “WHILE DANCING, BARBARA” —

9 MR. DUSEK: PERHAPS HE COULD SHOW HER THE ITEMS

10 AND SEE IF THAT REFRESHES HER MEMORY. LET HER READ

11 IT TO HERSELF.

12 MR. FELDMAN: RESPECTFULLY, I THINK I’M ALLOWED

13 TO USE ANYTHING TO REFRESH RECOLLECTION, YOUR HONOR.

14 I DON’T NEED TO SHOW HER THE DOCUMENT.

15 THE COURT: YOU’RE CORRECT. GO AHEAD.

16 BY MR. FELDMAN:

17 Q FOR THE LIMITED PURPOSE OF REFRESHING YOUR

18 RECOLLECTION, THIS IS WHAT HOWARD LABORE WROTE YOU

19 SAID. I’M ASKING YOU WHETHER THIS REFRESHES YOUR

20 MEMORY, MA’AM:

21 “WHILE DANCING, BARBARA DID TRY AND

22 GRAB ME WHILE ON THE DANCE FLOOR.

23 BARBARA DID HUG ME SEVERAL TIMES.

24 BARBARA TRIED TO GRAB MY BREASTS BUT I

25 STOPPED HER.

26 DENISE WAS ON THE WILD SIDE THAT NIGHT.

27 DENISE WAS DANCING WITH ANOTHER GIRL OR

28 TWO OTHER GIRLS. I DID DANCE WITH

Page 576

1 DENISE. DENISE AND THE OTHER GIRLS

2 WERE VERY CLOSE. I DO NOT REMEMBER IF

3 ANY OF THE GIRLS KISSED EACH OTHER.

4 DENISE WAS SEXUAL DANCING WITH BARBARA.

5 THEY WERE RUBBING THEIR BODIES

6 TOGETHER.”

7 DOES THAT NOW REFRESH YOUR RECOLLECTION AS

8 TO WHETHER OR NOT THE TWO WOMEN WERE DANCING IN A

9 SEXUALLY PROVOCATIVE MANNER?

10 A YES, IT DOES.

11 Q AND WERE THEY?

12 A YES.

13 Q NOW, WAS IT AT THAT TIME THAT BARBARA

14 STARTED DISCUSSING WITH YOU THE SWINGING LIFE-STYLE?

15 MR. DUSEK: OBJECTION; HEARSAY, IRRELEVANT, 352.

16 THE COURT: FIRST PLACE, IT’S NOT HEARSAY.

17 OKAY.

18 COUNSEL, I DON’T SEE HOW THIS IS RELEVANT

19 AT ALL.

20 MR. FELDMAN: CAN I JUST, YOUR HONOR — I’M NOT

21 ARGUING WITH THE COURT.

22 THE COURT: I JUST DON’T SEE HOW THIS IS

23 RELEVANT.

24 MR. FELDMAN: THEY INTRODUCED EVIDENCE THAT

25 MR. WESTERFIELD MADE A STATEMENT TO THIS WITNESS

26 ABOUT ADULT PARTIES. THEY RAISED THE ISSUE, NOT THE

27 DEFENSE. I’M TRYING TO INQUIRE OF THIS WITNESS

28 REGARDING THE MERITS OF THAT ASSERTION AND

Page 577

1 ALLEGATION.

2 THE COURT: YOU WANT TO RESPOND, COUNSEL?

3 MR. DUSEK: THE STATEMENTS WERE MADE BEFORE ANY

4 INCIDENT AT THE BAR. SO HE HAD NO WAY — SHE HAD NO

5 WAY OF KNOWING WHAT WAS GOING TO HAPPEN AT THE BAR

6 TWO OR THREE DAYS.

7 THE COURT: I THINK IT’S IRRELEVANT. AND I’M

8 EXERCISING MY DISCRETION UNDER 352 FOR THIS

9 PRELIMINARY HEARING.

10 LET’S GO ON TO A DIFFERENT SUBJECT MATTER,

11 PLEASE.

12 BY MR. FELDMAN:

13 Q ON THE 25TH OF JANUARY, ONE WEEK BEFORE,

14 YOU TOLD US THAT YOU HAD SEEN MR. WESTERFIELD AT THE

15 BAR; IS THAT CORRECT?

16 A YES.

17 Q YOU TOLD US THAT MR. WESTERFIELD HAD

18 PURCHASED FOR YOU SOME ALCOHOL; IS THAT CORRECT?

19 A YES.

20 Q IN FACT, YOU WERE FAMILIAR WITH

21 MR. WESTERFIELD JUST BECAUSE HE WAS A NEIGHBOR;

22 ISN’T THAT CORRECT?

23 A YES.

24 Q AND HE WAS ACTUALLY A PRETTY GOOD NEIGHBOR,

25 WASN’T HE?

26 A WHAT DO YOU MEAN BY “GOOD”?

27 Q HE WOULD ASSIST THE NEIGHBORS IF ANYBODY

28 HAD A PROBLEM?

Page 578

1 A I DON’T KNOW OF THAT.

2 Q YOU BROUGHT YOUR CHILDREN TO HIS HOUSE,

3 DIDN’T YOU?

4 A WE SOLD COOKIES, YES, WE DID.

5 Q YOU ASKED HIM WHETHER OR NOT YOU COULD GO

6 INTO HIS HOUSE, DIDN’T YOU?

7 A I DID. I WANTED TO SEE THE REMODEL.

8 Q YOU WERE WITH YOUR TWO CHILDREN; THAT’S

9 CORRECT, ISN’T IT?

10 A YES.

11 Q AND THAT WAS I THINK TUESDAY YOU TOLD US OR

12 WEDNESDAY OF THE WEEK OF FEBRUARY 1ST; IS THAT

13 CORRECT, MA’AM?

14 A YES. BUT IF I CAN CLEAR SOMETHING UP.

15 MR. FELDMAN: EXCUSE ME, THERE’S NO QUESTION

16 PENDING.

17 THE COURT: DO YOU HAVE THAT GIRL SCOUT COOKIE

18 SHEET BEFORE YOU? DOES IT HAVE DATES ON IT?

19 MR. DUSEK: NO.

20 THE COURT: NO DATES.

21 GO AHEAD.

22 BY MR. FELDMAN:

23 Q I THINK YOU MENTIONED ON DIRECT EXAMINATION

24 THAT WHEN — WHEN MR. WESTERFIELD WAS SELLING GIRL

25 SCOUT COOKIES HE BOUGHT AN EXTRA BOX, I THINK YOU

26 SAID THE THIN MINT SOMETHING OR OTHER.

27 DO YOU KNOW WHAT I’M TALKING ABOUT?

28 A WHEN DANIELLE AND I WERE SELLING COOKIES TO

Page 579

1 MR. WESTERFIELD, YES, HE DID BUY ONE BOX OF THIN

2 MINTS.

3 Q OKAY. WITH REGARD TO THAT BOX, WAS THERE

4 SOME KIND OF CONTRIBUTION OR CONTRIBUTIONS OR

5 CHARITY THAT THE GIRL SCOUTS WERE DONATING WITH THE

6 THIN MINTS?

7 A THE THIN MINTS WERE GOING TO BE SENT

8 OVERSEAS TO OPERATION THIN MINT, WHICH WAS TO THE

9 MEN AND WOMEN OVERSEAS.

10 Q SO THERE WAS A CHARITABLE COMPONENT?

11 A YES.

12 Q AND THAT WAS EXPLAINED TO MR. WESTERFIELD

13 AT THE TIME OF THE COOKIE PURCHASE; IS THAT CORRECT?

14 A YES.

15 Q NOW, HOW LONG WOULD YOU ESTIMATE YOUR

16 CHILDREN AND YOU WERE IN MR. WESTERFIELD’S HOUSE ON

17 THAT TUESDAY OR WEDNESDAY?

18 A HE INVITED US IN AND I ASKED IF I COULD SEE

19 THE KITCHEN. AND WE WERE THERE APPROXIMATELY TEN

20 MINUTES.

21 Q IS THAT YOUR BEST ESTIMATE AT THIS POINT,

22 MA’AM?

23 A CONSIDERING — YES. AT THIS TIME.

24 Q DO YOU RECALL TELLING DETECTIVES THAT IT

25 WAS BETWEEN 10 AND 15 MINUTES THAT YOU WERE ACTUALLY

26 IN THE HOUSE?

27 A OKAY. YES, I SAID THAT.

28 Q IN THAT 15-MINUTE PERIOD OF TIME OR

Page 580

1 TEN-TO-15-MINUTE PERIOD OF TIME, WERE YOUR CHILDREN

2 WITHIN YOUR SIGHT AT ALL TIMES?

3 A THEY WERE NOT IN MY SIGHT WHEN THEY WENT TO

4 THE POOL FOR A COUPLE OF MINUTES TO LOOK AT THE

5 POOL.

6 Q YOU JUST SAID “FOR A COUPLE” MINUTES. CAN

7 YOU TELL ME WHAT NUMBER YOU MEAN TO COMMUNICATE WHEN

8 YOU USE THE WORD “COUPLE”?

9 A THEY WERE OUT THERE APPROXIMATELY TWO TO

10 THREE MINUTES LOOKING AT THE POOL. MAYBE NOT EVEN

11 THAT MANY.

12 Q WAS IT IN THAT CONTEXT THAT MR. WESTERFIELD

13 ALLEGEDLY SAID TO YOU THAT HE WANTED YOUR PHONE

14 NUMBER SO THAT HE COULD HAVE AN ADULT PARTY WITH

15 YOU?

16 A WE WERE —

17 MR. DUSEK: OBJECTION; MISSTATES THE EVIDENCE.

18 THE COURT: IT’S CLOSE. OVERRULED.

19 THE WITNESS: I DON’T THINK THAT THE WHOLE

20 CONVERSATION TOOK PLACE WHILE THEY WERE OUTSIDE, NO,

21 I DON’T.

22 BY MR. FELDMAN:

23 Q BUT SOME OF THE CONVERSATION DID?

24 A AND HE DIDN’T SAY THAT HE WAS GOING TO HAVE

25 AN ADULT PARTY WITH ME. HE STATED THAT HE HAD ADULT

26 PARTIES.

27 Q ALL RIGHT. AND YOU TOLD US ON DIRECT

28 EXAMINATION THAT YOU SUBSEQUENTLY CALLED YOUR

Page 581

1 HUSBAND TO COMMUNICATE THAT FACT TO HIM; ISN’T THAT

2 RIGHT?

3 A YES. BECAUSE I WAS SHOCKED THAT IT WAS

4 BROUGHT — THAT IT WAS SAID TO ME.

5 Q WHEN YOU TALKED TO YOUR HUSBAND, YOU SAID,

6 QUOTE, “YOU WON’T BELIEVE THIS”; ISN’T THAT RIGHT?

7 A YES.

8 Q YOU SAID THAT “DAVE SAID HE HAS,” QUOTE,

9 “ADULT PARTIES AND BARBECUES, TOO,” AND YOU BROKE

10 OUT LAUGHING; ISN’T THAT CORRECT?

11 A YES.

12 Q AND THE REASON WAS BECAUSE YOU DIDN’T

13 REALIZE THERE WERE OTHERS IN YOUR NEIGHBORHOOD WHO

14 ALLEGEDLY ENGAGED IN THE SWINGING LIFE-STYLE; ISN’T

15 THAT CORRECT?

16 MR. DUSEK: OBJECTION; IRRELEVANT, 352,

17 SPECULATION.

18 THE COURT: COUNSEL, HOW DOES THIS RELATE?

19 MR. FELDMAN: IT RELATES TO THE SUBJECT MATTER

20 OF THE CONVERSATION. THEY TENDERED IT. IT’S A 352

21 ISSUE, YOUR HONOR. THEY TENDERED THE CONVERSATION.

22 THE COURT: THEY TENDERED THE CONVERSATION.

23 OVERRULED. YOU CAN ASK IT.

24 THE WITNESS: I CALLED MY HUSBAND AND TOLD HIM

25 ABOUT IT.

26 BY MR. FELDMAN:

27 Q I’M SORRY, MA’AM.

28 MR. FELDMAN: I DON’T KNOW IF THERE’S A QUESTION

Page 582

1 PENDING, YOUR HONOR.

2 THE WITNESS: THERE WAS.

3 (REQUESTED INFORMATION READ.)

4 THE WITNESS: NO.

5 BY MR. FELDMAN:

6 Q DO YOU HAVE A SPECIFIC RECOLLECTION OF WHAT

7 YOU TOLD DAMON IN CONTEXT OF THE TELEPHONE

8 CONVERSATION THAT YOU HAD THAT WE’RE DISCUSSING?

9 A I KNOW WHAT I SAID TO DAMON, YES.

10 Q DID YOU TELL DAMON, QUOTE, “THAT IT WAS

11 FUNNY TO FIND ONE OF YOUR NEIGHBORS POSSIBLY

12 ALLUDING TO A SWINGING LIFE-STYLE WHEN YOU,” MEANING

13 YOU AND DAMON, “WERE NEW TO IT YOURSELVES”?

14 A I DON’T RECALL SAYING THAT TO HIM.

15 Q AND WHAT IS A SWINGING LIFE-STYLE? WHAT

16 DOES THAT MEAN?

17 MR. DUSEK: OBJECTION; IRRELEVANT, 352.

18 THE COURT: COUNSEL, IT WAS BROUGHT UP DURING

19 DIRECT. I CAN’T CLOSE THE LID TOTALLY.

20 MR. DUSEK: ONLY AS TO WHAT THE DEFENDANT SAID.

21 THE COURT: SHE RELATED A CONVERSATION BETWEEN

22 HERSELF AND HER HUSBAND IMMEDIATELY, I GOT THE

23 IMPRESSION, IMMEDIATELY AFTER SHE WENT HOME AFTER

24 THE COOKIE SALE. OVERRULED.

25 NOW, I WANT THIS LIMITED. OKAY.

26 MR. FELDMAN: I’M JUST TALKING ABOUT THE

27 CONVERSATION.

28 THE COURT: BUT YOU MAY ASK THE QUESTION.

Page 583

1 MR. FELDMAN: I’M SORRY. MAY I HAVE THE

2 QUESTION READ, PLEASE.

3 THE COURT: YOU MAY.

4 (REQUESTED INFORMATION READ.)

5 THE COURT: CAN YOU ANSWER THE QUESTION? WHAT

6 DID YOU MEAN OR WHAT IS A SWINGING LIFE-STYLE? CAN

7 YOU TELL US?

8 THE WITNESS: WELL, I DON’T RECALL EVER SAYING

9 THAT TO MY HUSBAND.

10 THE COURT: OKAY. SHE DIDN’T SAY IT TO HER

11 HUSBAND.

12 MR. FELDMAN: THE QUESTION IS WHAT IS A SWINGING

13 LIFE-STYLE. AND THE COURT OVERRULED THE

14 PROSECUTOR’S OBJECTION THAT THAT ANSWER WAS NOT

15 RESPONSIVE, MOTION TO STRIKE.

16 THE COURT: DO YOU KNOW WHAT A SWINGING

17 LIFE-STYLE IS, YES OR NO?

18 THE WITNESS: YES.

19 BY MR. FELDMAN:

20 Q CAN YOU PLEASE TELL US?

21 MR. DUSEK: IRRELEVANT.

22 THE COURT: SUSTAINED. GO AHEAD. NEXT

23 QUESTION.

24 BY MR. FELDMAN:

25 Q ISN’T THE REASON YOU THOUGHT

26 MR. WESTERFIELD’S COMMENT WAS SO, I GUESS, FUNNY

27 THAT YOU WOULD CALL YOUR HUSBAND WAS BECAUSE OF YOUR

28 KNOWLEDGE OF THE SWINGING LIFE-STYLE?

Page 584

1 MR. DUSEK: OBJECTION; IRRELEVANT AS TO HER

2 REASON.

3 THE COURT: SUSTAINED.

4 BY MR. FELDMAN:

5 Q AND WITH REGARD TO THE STATEMENT THAT

6 MR. WESTERFIELD ORIGINALLY MADE TO YOU ABOUT

7 BARBECUES OR ADULT PARTIES, YOU WERE AWARE ON THE

8 DATE THE STATEMENT WAS MADE TO YOU THAT

9 MR. WESTERFIELD DIDN’T HAVE ANY CHILDREN LIVING IN

10 THE HOUSE, AT LEAST NOT YOUNG CHILDREN; ISN’T THAT

11 RIGHT?

12 A YES.

13 Q AND ADULT PARTY THEN COULD REASONABLY HAVE

14 MEANT JUST SOMETHING WITHOUT THE KIDS; ISN’T THAT

15 RIGHT?

16 MR. DUSEK: OBJECTION; CALLS FOR SPECULATION,

17 VAGUE.

18 THE COURT: OVERRULED. THIS IS A WOMAN WHO

19 ACTED UPON HEARING THOSE WORDS. HE’S ENTITLED TO

20 ASK.

21 THE WITNESS: THAT’S ACTUALLY WHAT I THOUGHT. I

22 THOUGHT IT MEANT ADULT PARTY WITH ADULTS ONLY AND

23 ALCOHOL.

24 BY MR. FELDMAN:

25 Q AND THAT’S WHAT YOU TOLD YOUR HUSBAND,

26 MA’AM?

27 A NO. I — NO. I DON’T RECALL.

28 THE COURT: COUNSEL, I’M SURE THERE’S ANOTHER

Page 585

1 AREA THAT WOULD BE MORE HELPFUL TO ME.

2 MR. FELDMAN: YES, YOUR HONOR.

3 BY MR. FELDMAN:

4 Q WITH REGARD TO YOUR DAUGHTER’S BEHAVIORS —

5 A YES.

6 Q — DID SHE PLAY HIDE-AND-SEEK?

7 A THE KIDS DID TOGETHER. YES.

8 Q DID YOUR DAUGHTER HAVE A BICYCLE?

9 A YES.

10 Q WOULD SHE RIDE HER BICYCLE OUTSIDE?

11 A YES.

12 Q YOU’RE AWARE THAT LAW ENFORCEMENT

13 INTERVIEWED YOUR OTHER CHILDREN; IS THAT RIGHT?

14 A YES.

15 Q IS IT CORRECT THAT YOUR DAUGHTER DANIELLE

16 GOT IN TROUBLE BECAUSE SHE WOULD LEAVE THE HOUSE AND

17 NOT COME BACK UNTIL YOU FOUND HER ON OTHER

18 OCCASIONS?

19 A NO.

20 Q ONE OF YOUR CHILDREN’S NAME IS DYLEN; IS

21 THAT CORRECT, MA’AM?

22 A YES.

23 Q HAVE YOU TALKED TO DYLEN ABOUT WHETHER OR

24 NOT HE HAD A CONVERSATION WITH LAW ENFORCEMENT

25 CONCERNING YOUR DAUGHTER’S ACTIVITIES?

26 MR. DUSEK: OBJECTION; IMPROPER IMPEACHMENT.

27 MR. FELDMAN: I’LL WITHDRAW THE QUESTION.

28 MR. DUSEK: HEARSAY.

Page 586

1 MR. FELDMAN: I’LL WITHDRAW THE QUESTION.

2 THE COURT: IT CERTAINLY IS. LET’S NOT ASK ANY

3 QUESTIONS THAT ARE THAT OBVIOUSLY FRAUD.

4 PLEASE PROCEED.

5 MR. FELDMAN: I’M TRYING.

6 THE COURT: ALL RIGHT.

7 I’M TRYING, TOO, FOR EVERYBODY.

8 BY MR. FELDMAN:

9 Q ISN’T IT TRUE THAT DANIELLE HAD WALKED AWAY

10 FROM THE HOUSE AND OPENED THE GATE IN THE BACKYARD

11 ON OCCASIONS BEFORE FEBRUARY THE 1ST?

12 A NO.

13 Q ISN’T IT TRUE THAT DANIELLE COULD CLIMB UP

14 AND OPEN THE GATE TO GET OUTSIDE OF YOUR IMMEDIATE

15 PREMISES OF YOUR PROPERTY, MA’AM?

16 A NO.

17 Q ISN’T IT TRUE DANIELLE HAS GOTTEN IN

18 TROUBLE BEFORE FOR THAT VERY BEHAVIOR PRIOR TO

19 FEBRUARY THE 1ST?

20 A NO.

21 Q ISN’T IT TRUE BOTH DANIELLE AND DYLEN’S

22 BROTHER GOT IN TROUBLE WITH YOU FOR OPENING THE GATE

23 AND GOING OUT FRONT?

24 A I DON’T RECALL.

25 Q FOR THE LIMITED PURPOSE OF REFRESHING YOUR

26 RECOLLECTION, YOUR SON DYLEN TOLD THE POLICE —

27 MR. DUSEK: OBJECTION; IMPROPER RECOLLECTION,

28 IMPROPER IMPEACHMENT.

Page 587

1 MR. FELDMAN: YOUR HONOR, SHE SAID SHE DIDN’T

2 RECALL.

3 THE COURT: COUNSEL, I’M NOT GOING TO USE —

4 SUSTAINED.

5 BY MR. FELDMAN:

6 Q DYLEN’S BROTHER IS DERRICK; IS THAT RIGHT?

7 A YES.

8 Q AND I’M SORRY, I DON’T RECALL WHAT YOU TOLD

9 US. WHO WAS THE ELDEST?

10 A DERRICK.

11 THE COURT: HE’S NINE.

12 THE WITNESS: HE’S NINE. HE’S ACTUALLY TEN NOW.

13 THE COURT: YOU TOLD US HE WAS NINE. THAT’S WHY

14 I REMEMBERED. RIGHT?

15 THE WITNESS: YES.

16 THE COURT: OKAY.

17 BY MR. FELDMAN:

18 Q DID — DO YOU RECALL WHETHER OR NOT DERRICK

19 AND DANIELLE GOT IN TROUBLE WITH YOU FOR OPENING,

20 EITHER OPENING THE GATE AND GOING OUT FRONT OR

21 CLIMBING THE GATE AND GOING OUT?

22 A DYLEN AND DANIELLE ONE TIME CLIMBED THE

23 GATE AND THEY DID GET IN TROUBLE. BUT THEY CANNOT

24 OPEN THE GATE.

25 Q WHEN ONE — WHEN WAS THAT ONE TIME, IF YOU

26 RECALL?

27 A I DON’T RECALL.

28 Q WAS IT WITHIN A SHORT PERIOD OF TIME BEFORE

Page 588

1 FEBRUARY 1ST, MA’AM?

2 A NO.

3 Q BUT YOU DON’T REMEMBER WHAT THE TIME PERIOD

4 WAS; IS THAT CORRECT?

5 A EXACTLY.

6 Q I WANT TO MOVE TO THE 25TH OF JANUARY. SO

7 YOU’RE TRACKING.

8 DO YOU RECALL WHAT TIME IT WAS THAT YOU

9 WENT OUT WITH DENISE AND BARBARA?

10 A I DON’T RECALL THE EXACT TIME, NO.

11 Q WAS IT EARLIER IN THE EVENING OR LATER IN

12 THE EVENING? HAD THE SUN SET? WAS IT LIGHT OUT?

13 A ON THE 25TH IT WAS LATER THAN THE 1ST.

14 Q OKAY. SO YOU WENT OUT LATER EVEN THEN ON

15 THE 1ST, THE FOLLOWING WEEK?

16 A ARE YOU TALKING ABOUT HOW LONG WE STAYED

17 OUT?

18 Q NO. I’M TALKING ABOUT —

19 A WHAT TIME WE LEFT THE HOUSE?

20 Q YES.

21 A YES, IT WAS A LITTLE BIT LATER.

22 Q AND WHERE DID YOU GO? DID YOU GO ANYPLACE

23 OTHER THAN DAD’S?

24 A NO.

25 Q WAS THIS ALSO A GIRLS’ NIGHT OUT?

26 A YES.

27 Q AND HOW MANY GIRLS’ NIGHTS OUT PER WEEK DO

28 YOU GENERALLY HAVE, MA’AM?

Page 589

1 MR. DUSEK: OBJECTION; IRRELEVANT.

2 THE COURT: SUSTAINED.

3 BY MR. FELDMAN:

4 Q IS DENISE KEMAL AN HONEST PERSON?

5 MR. DUSEK: OBJECTION; IRRELEVANT.

6 THE COURT: SUSTAINED.

7 BY MR. FELDMAN:

8 Q ON THE 25TH, HOW MUCH DID YOU HAVE TO

9 DRINK, IF YOU RECALL?

10 A I DON’T RECALL.

11 Q HOW MANY DRINKS DID DAVID WESTERFIELD BUY

12 FOR YOU, IF YOU REMEMBER?

13 A I DON’T RECALL.

14 Q ON THE EVENING OF THE 1ST OF FEBRUARY, DID

15 YOU INVITE BILL LIBBY TO MEET YOU AT DAD’S BAR?

16 A I DON’T RECALL. I MAY HAVE.

17 Q AND IS BILL LIBBY A FRIEND OF YOURS?

18 A YES.

19 Q AND IS HE A PERSON WHO SPENT THE NIGHT AT

20 YOUR HOUSE BEFORE?

21 MR. DUSEK: OBJECTION; IRRELEVANT.

22 THE COURT: SUSTAINED.

23 MR. FELDMAN: ACCESS.

24 THE COURT: HOLD ON. OVERRULED MYSELF.

25 OVERRULED. YOU MAY ANSWER THE QUESTION.

26 BY MR. FELDMAN:

27 Q IS BILL LIBBY A PERSON THAT HAS STAYED AT

28 YOUR HOUSE BEFORE?

Page 590

1 A NO.

2 Q BILL LIBBY HAS NEVER SPENT THE NIGHT AT

3 YOUR HOUSE; IS THAT CORRECT?

4 MR. DUSEK: OBJECTION; IRRELEVANT, VAGUE AS TO

5 TIME, 352.

6 THE COURT: OVERRULED.

7 HAS HE EVER SPENT THE NIGHT AT YOUR HOME?

8 THE WITNESS: NO.

9 THE COURT: NEXT QUESTION.

10 BY MR. FELDMAN:

11 Q WITH REGARD TO BILL LIBBY, YOU CALLED HIM

12 ON THAT FRIDAY, MEANING THE 1ST OF FEBRUARY, AND

13 TOLD HIM THAT YOU WERE GOING TO MEET SOME OF YOUR

14 FRIENDS AT DAD’S BAR; IS THAT CORRECT?

15 A YES.

16 Q AND YOU SUGGESTED THAT HE COME BY AND MEET

17 YOU SINCE HIS WIFE WAS OUT OF TOWN; ISN’T THAT

18 CORRECT?

19 A I ASKED HIM IF HE WOULD LIKE TO JOIN US. I

20 DON’T RECALL HIS WIFE BEING OUT OF TOWN.

21 Q FOR THE LIMITED PURPOSE OF REFRESHING YOUR

22 RECOLLECTION, BILL LIBBY TOLD VESTIGATOR —

23 MR. DUSEK: OBJECTION, YOUR HONOR. I’D ASK THAT

24 SHE BE SHOWN THE DOCUMENT.

25 THE COURT: YES. THIS TIME YOU SHOW HER THE

26 DOCUMENT. WE’RE NOT GOING TO HAVE A QUOTE —

27 MR. FELDMAN: CAN I APPROACH?

28 THE COURT: — FROM EVERYBODY THAT TALKED TO THE

Page 591

1 POLICE.

2 OF COURSE YOU MAY.

3 MR. FELDMAN: COUNSEL, 497.

4 BY MR. FELDMAN:

5 Q MA’AM, YOU’LL SEE HIGHLIGHTED ON THIS PIECE

6 OF PAPER A PARAGRAPH WHICH I’M NOW CIRCLING.

7 THE COURT: FOR THE RECORD, WHAT PAGE IS IT IN

8 THE DISCOVERY?

9 MR. FELDMAN: I THOUGHT I GAVE IT, YOUR HONOR.

10 497.

11 THE COURT: YOU MAY HAVE. THANK YOU.

12 WOULD YOU READ THAT, PLEASE. THANK YOU.

13 BY MR. FELDMAN:

14 Q I’M JUST ASKING YOU TO READ THIS TO

15 YOURSELF.

16 A OH.

17 Q HAVE YOU HAD AN OPPORTUNITY TO REVIEW THE

18 DOCUMENT?

19 A YES.

20 Q DOES REVIEWING THE DOCUMENT REFRESH YOUR

21 RECOLLECTION AS TO WHETHER OR NOT YOU SAID TO BILL

22 LIBBY “WHY DON’T YOU COME BY DAD’S AND MEET ME”

23 SINCE HIS WIFE WAS OUT OF TOWN?

24 MR. DUSEK: SAME OBJECTION. WHETHER OR NOT THE

25 DOCUMENT REFRESHES HER RECOLLECTION.

26 THE COURT: EXCUSE ME. OVERRULED.

27 GO AHEAD.

28 THE WITNESS: NO, IT DOESN’T.

Page 592

1 THE COURT: NEXT QUESTION.

2 MR. FELDMAN: I’M GOING TO TRY TO REFRESH HER

3 RECOLLECTION ON THE SAME SUBJECT. ONLY THIS TIME I

4 WISH TO USE A DIFFERENT PIECE OF DISCOVERY,

5 PAGE 499.

6 THE COURT: IF YOU WANT TO DO THAT, WALK UP TO

7 HER, SHOW IT TO HER, AND ASK HER IF IT REFRESHES HER

8 RECOLLECTION.

9 BY MR. FELDMAN:

10 Q I’M SHOWING YOU ANOTHER DOCUMENT WHICH IS

11 AN INTERVIEW, AND I’M TRYING TO DIRECT YOUR

12 ATTENTION TO THE BOTTOM PARAGRAPH, MA’AM, AGAIN IT’S

13 HIGHLIGHTED. READ ANY PARTS YOU WISH JUST TO GET

14 CONTEXT.

15 THE COURT: THIS IS AN INTERVIEW OF THIS WITNESS

16 BY THE POLICE; IS THAT CORRECT?

17 MR. FELDMAN: NO. THIS IS A WITNESS OF — BY

18 THE POLICE, YOUR HONOR, OF BILL LIBBY.

19 THE COURT: I UNDERSTAND.

20 I DON’T WANT A DESCRIPTION OF WHAT YOU

21 SAID. I DO NOT WANT A DESCRIPTION OF WHAT HE SAID.

22 BY MR. FELDMAN:

23 Q MA’AM, HAVE YOU HAD AN OPPORTUNITY TO

24 REVIEW THE DOCUMENT?

25 A YES.

26 Q DID READING THE DOCUMENT REFRESH YOUR

27 MEMORY AS TO WHETHER OR NOT YOU WERE AWARE — STRIKE

28 THAT.

Page 593

1 DOES REVIEWING THE DOCUMENT REFRESH YOUR

2 RECOLLECTION AS TO WHETHER OR NOT YOU TOLD BILL

3 LIBBY THAT HE OUGHT TO COME TO DAD’S BAR THAT

4 EVENING BECAUSE HIS WIFE DOLLY WAS OUT OF TOWN?

5 A NO, IT DOESN’T.

6 THE COURT: ALL RIGHT, COUNSEL. HOW MANY MORE

7 OF THESE ARE WE GOING TO HAVE?

8 MR. FELDMAN: NOW, I GOT HER STATEMENTS. I’M

9 MOVING THERE.

10 THE COURT: HER STATEMENTS ARE CERTAINLY FAIR

11 GAME.

12 MR. FELDMAN: YES.

13 BY MR. FELDMAN:

14 Q I’D NOW LIKE — LET ME ASK YOU THIS, MA’AM:

15 ISN’T IT CORRECT THAT ON THE TUESDAY PRIOR TO YOUR

16 DAUGHTER’S DISAPPEARANCE, SHE’D BEEN SCRATCHED BY

17 YOUR DOG?

18 A I DON’T RECALL.

19 Q ISN’T IT TRUE YOU TOLD A POLICE OFFICER

20 THAT ON THE PREVIOUS TUESDAY DANIELLE HAD BEEN

21 SCRATCHED BY THE DOG?

22 A THE PREVIOUS TUESDAY. DO YOU MEAN BEFORE

23 THE 25TH?

24 Q I MEAN BEFORE THE 3RD OF FEBRUARY WHEN YOU

25 MADE THE STATEMENT, MA’AM.

26 A I DON’T KNOW THE EXACT DATE THAT DANIELLE

27 WAS SCRATCHED BY THE DOG.

28 Q YOU WERE INTERVIEWED BY LAW ENFORCEMENT ON

Page 594

1 A NUMBER OF DIFFERENT OCCASIONS?

2 A YES, IT IS.

3 Q ON VIRTUALLY ALL OF THE OCCASIONS THAT YOU

4 WERE INTERVIEWED, LAW OFFICERS HAD TAPE-RECORDERS

5 RUNNING; IS THAT CORRECT?

6 A YES.

7 Q YOU WERE SPECIFICALLY BROUGHT TO THE POLICE

8 DEPARTMENT AND INTERVIEWED IN CERTAIN ROOMS; ISN’T

9 THAT CORRECT?

10 A YES, IT IS.

11 Q IN ONE OF THE ROOMS THAT YOU WERE

12 INTERVIEWED IN, YOU WERE INTERVIEWED BY AN OFFICER

13 NAMED REDDEN; ISN’T THAT CORRECT?

14 A I DON’T REMEMBER THE NAMES.

15 Q DO YOU RECALL TELLING OR MAKING THE

16 STATEMENT THAT ON THE PREVIOUS TUESDAY, TO OFFICER

17 REDDEN, DANIELLE HAD BEEN SCRATCHED BY THE DOG AND

18 THAT YOU, IN FACT, CHASTISED DANIELLE FOR

19 COMPLAINING ABOUT IT TOO MUCH?

20 A I DON’T THINK I WOULD EVER DO THAT TO

21 DANIELLE, BUT I DON’T RECALL. I’VE BEEN THROUGH A

22 LOT AND THERE’S A LOT THAT I CAN’T RECALL.

23 Q I UNDERSTAND, MA’AM.

24 MR. FELDMAN: I’D LIKE TO APPROACH AND SHOW HER

25 A COPY OF THE DOCUMENT.

26 THE COURT: YOU MAY.

27 BY MR. FELDMAN:

28 Q SPECIFICALLY DIRECTING YOUR ATTENTION TO A

Page 595

1 DOCUMENT, AND, AGAIN, I GOT HIGHLIGHTED IN YELLOW

2 AND I’M DOING IT WITH MY PEN. I JUST ASK YOU TO

3 PLEASE REVIEW THE DOCUMENT TO SEE WHETHER IT HELPS

4 YOU REMEMBER.

5 A (WITNESS REVIEWS DOCUMENT.)

6 Q HAVE YOU HAD AN OPPORTUNITY TO REVIEW THE

7 DOCUMENT?

8 A YES.

9 Q DOES REVIEWING THE DOCUMENT REFRESH YOUR

10 RECOLLECTION AS TO WHETHER OR NOT YOU MADE THE

11 STATEMENT ON THE PREVIOUS TUESDAY DANIELLE HAD BEEN

12 SCRATCHED BY THE DOG AND YOU CHASTISED HER FOR

13 COMPLAINING TOO MUCH ABOUT IT?

14 A I REMEMBER THAT DANIELLE WAS SCRATCHED BY

15 THE DOG, BUT I NEVER CHASTISED HER BECAUSE OF IT.

16 SHE WALKED UP THE STAIRS AND THAT WAS IT. I CAN’T

17 TELL YOU WHAT DAY IT WAS.

18 Q OKAY. YOU JUST TOLD ME SHE WAS SCRATCHED

19 BY THE DOG AND SHE WALKED UP THE STAIRS AND THAT WAS

20 IT. CAN YOU TELL ME, WHAT STAIRS?

21 A WE ONLY HAVE ONE STAIRS IN OUR HOUSE.

22 Q OKAY.

23 A THE STAIRS.

24 Q ISN’T THERE A LANDING?

25 A EXCUSE ME?

26 Q IS THERE A LANDING?

27 A SHE WENT ALL THE WAY UP TO HER ROOM.

28 Q WITH REGARD TO THE SCRATCH, WHAT KIND OF A

Page 596

1 SCRATCH WAS IT?

2 A IT WAS A MINOR SCRATCH.

3 Q WHAT DO YOU MEAN BY “MINOR”?

4 A THERE WAS NO BLOOD.

5 Q I WASN’T ASKING ABOUT BLOOD. I WAS ASKING

6 ABOUT —

7 A IT WAS A MINOR SCRATCH ON THE SKIN.

8 Q CAN YOU DESCRIBE IT FURTHER?

9 A IT WAS ON HER BACK UNDERNEATH HER SHIRT.

10 Q AND HOW LONG WAS IT?

11 A APPROXIMATELY TWO INCHES LONG.

12 Q AND HOW WIDE WAS IT?

13 A AS WIDE AS A DOG’S NAIL.

14 Q AND WITH REGARD TO THE DOG, HAD YOU HAD ITS

15 NAILS CLIPPED ANYTIME RECENT TO THE TIME THE DOG

16 SCRATCHED YOUR DAUGHTER?

17 MR. DUSEK: OBJECTION; RELEVANCY, 352.

18 THE COURT: OVERRULED. I UNDERSTAND THE

19 RELEVANCY. IT’S RELEVANT.

20 I DON’T KNOW. DO YOU CLIP THE DOG’S NAILS?

21 THE WITNESS: MY HUSBAND CLIPS THEM.

22 THE COURT: NEXT QUESTION.

23 ARE YOU OKAY?

24 THE WITNESS: I’M FINE.

25 THE COURT: ALL RIGHT. GO AHEAD.

26 BY MR. FELDMAN:

27 Q I THINK AT THE BAR, ON THE 25TH OF

28 JANUARY — ON THE 25TH OF JANUARY, DID YOU ENGAGE IN

Page 597

1 ANY FORM OF COMMUNICATION WITH DAVID WESTERFIELD?

2 A HE OFFERED TO BUY US DRINKS. OTHER THAN

3 THAT, I DON’T REMEMBER WHAT KIND OF CONVERSATION WE

4 WOULD HAVE HAD.

5 Q DID YOU EVER TELL MR. WESTERFIELD, FOR

6 INSTANCE, THAT YOU HAD CHILDREN?

7 A HE KNEW I HAD CHILDREN.

8 Q DID YOU EVER TELL HIM THAT YOUR DAUGHTER

9 WAS PERHAPS GOING ON SOME KIND OF FATHER-DAUGHTER

10 DANCE OR AFFAIR?

11 A I DON’T RECALL.

12 Q DO YOU RECALL EVER TELLING MR. WESTERFIELD

13 THAT YOUR HUSBAND HAD PLANNED TO TAKE YOUR SON

14 SNOWBOARDING?

15 A YES.

16 Q AND DID YOU MAKE THAT STATEMENT, OR YOU

17 RECALL MAKING THAT STATEMENT?

18 A I DIDN’T MAKE THAT STATEMENT ON THE 25TH.

19 BUT THAT STATEMENT WAS MADE.

20 Q WHEN?

21 A WHEN WE SOLD COOKIES.

22 Q AND YOU DIDN’T KNOW MR. WESTERFIELD VERY

23 WELL, DID YOU, WHEN YOU SOLD HIM COOKIES?

24 A NO.

25 Q AND DID YOU FEEL THAT THAT WAS DISCLOSING

26 PERSONAL INFORMATION TO PEOPLE YOU DIDN’T KNOW VERY

27 WELL?

28 MR. DUSEK: OBJECTION.

Page 598

1 THE WITNESS: NO.

2 MR. DUSEK: IRRELEVANT.

3 THE COURT: OVERRULED.

4 YOU CAN ANSWER THE QUESTION.

5 THE WITNESS: NO.

6 BY MR. FELDMAN:

7 Q HAD YOU TOLD MR. WESTERFIELD THE WEEK

8 BEFORE THAT EITHER YOUR DAUGHTER OR YOUR SONS WERE

9 GOING OUT WITH THEIR DAD, MEANING ON — MEANING ON

10 JANUARY 25TH?

11 A ARE YOU TALKING ABOUT WHEN I SOLD GIRL

12 SCOUT COOKIES WITH DANIELLE?

13 Q I’M TALKING ABOUT THE WEEK — I’M TALKING

14 ABOUT THE FRIDAY BEFORE THE GIRLS’ NIGHT OUT AT THE

15 BAR?

16 A I DON’T RECALL.

17 Q WHEN DID YOU GIVE MR. WESTERFIELD YOUR

18 TELEPHONE NUMBER AND THE NAME OF YOUR HUSBAND?

19 A WHEN DANIELLE AND I WENT INTO HIS HOUSE, OR

20 WHEN DANIELLE, DYLEN, AND I WENT TO HIS HOUSE TO

21 SELL COOKIES.

22 Q DID YOU WRITE OUT YOUR NAME OR DID

23 MR. WESTERFIELD ASK YOU FOR YOUR NAME AND PHONE

24 NUMBER?

25 A HE GAVE ME A PEN AND A PIECE OF PAPER AND I

26 WROTE IT DOWN.

27 Q SO IT WOULD BE YOUR HANDWRITING THAT WOULD

28 BE ON THE NOTE; IS THAT CORRECT?

Page 599

1 A YES.

2 Q NOW, ON THE 1ST OF FEBRUARY, WHEN YOU SAW

3 MR. WESTERFIELD AT THE BAR, AND WHEN HE WAS BUYING

4 — YOU THANKED HIM FOR PURCHASING DRINKS FOR YOU AND

5 YOUR FRIENDS; ISN’T THAT CORRECT?

6 A YES.

7 Q AND YOU SAW THAT MR. WESTERFIELD APPARENTLY

8 WAS PRESENT WITH FRIENDS OF HIS; ISN’T THAT CORRECT?

9 A YES.

10 Q IN FACT, THERE WERE AT LEAST TWO FRIENDS OF

11 HIS THAT HE APPEARED TO BE DRINKING WITH; ISN’T THAT

12 RIGHT?

13 A YES.

14 Q ONE OF THOSE FRIENDS DID YOU END UP DANCING

15 WITH?

16 A I DON’T RECALL.

17 Q DO YOU RECALL TELLING DETECTIVE LABORE THAT

18 YOU DID, IN FACT, DANCE WITH ONE OF HIS FRIENDS?

19 A NO, I DON’T RECALL.

20 Q MRS. VAN DAM, ISN’T IT TRUE THAT YOUR

21 FRIENDS, AT LEAST ON THE 1ST OF FEBRUARY, WERE,

22 QUOTE, “TOASTED,” END QUOTE?

23 A BOTH FRIENDS?

24 Q WELL, WAS BARBARA TOASTED?

25 A I THINK THEY HAD A LITTLE BIT TO DRINK.

26 Q OKAY. YOU UNDERSTAND — LET ME INSTEAD OF

27 MY USING THE WORD “TOASTED,” THAT’S A WORD THAT YOU

28 USE, IS IT NOT, TO DESCRIBE A PARTICULAR STATE OF

Page 600

1 INTOXICATION?

2 A YES.

3 Q AND WHEN YOU USE THE WORD “TOASTED,” WHAT

4 STATE OF INTOXICATION DO YOU MEAN TO COMMUNICATE?

5 A THAT MAYBE THEY HAD A LITTLE BIT MORE THAN

6 THEY SHOULD HAVE.

7 Q IS IT THE CASE, THEN, ON FEBRUARY THE 1ST

8 AT LEAST BOTH BARB AND DENISE WERE TOASTED?

9 A YES.

10 Q AND ISN’T IT TRUE THAT YOU TOO WERE

11 SOMEWHAT TOASTED ON FEBRUARY THE 1ST?

12 A NO.

13 Q ISN’T IT TRUE THAT ON FEBRUARY THE 1ST YOU

14 WERE DANCING WITH DAVID WESTERFIELD?

15 A NO.

16 Q AND ISN’T IT TRUE THAT YOU DANCED MORE THAN

17 ONE DANCE WITH DAVID WESTERFIELD ON FEBRUARY THE

18 1ST?

19 MR. DUSEK: OBJECTION; IMPROPER QUESTION. SHE

20 SAID SHE NEVER DANCED WITH HIM.

21 THE COURT: SUSTAINED.

22 BY MR. FELDMAN:

23 Q ISN’T IT TRUE THAT YOU NEVER DANCED —

24 THE COURT: SHE SAID, “I NEVER DANCED WITH DAVID

25 WESTERFIELD.”

26 MR. DUSEK: SHE DIDN’T SAY THAT.

27 THE WITNESS: I SAID “NO.” BUT I DON’T RECALL

28 DANCING WITH DAVID WESTERFIELD.

Page 601

1 BY MR. FELDMAN:

2 Q YOU JUST TOLD ME YOU DON’T RECALL DANCING

3 WITH DAVID WESTERFIELD; IS THAT CORRECT?

4 A YES.

5 Q FOR THE LIMITED PURPOSE OF REFRESHING YOUR

6 RECOLLECTION —

7 DISCOVERY PAGE 732.

8 MR. DUSEK: THIS ISN’T EVEN HER STATEMENT, YOUR

9 HONOR.

10 THE COURT: HE CAN SHOW IT TO HER, BUT I DON’T

11 EXPECT YOU TO START READING IT.

12 MR. FELDMAN: FOR THE LIMITED PURPOSE OF

13 REFRESHING RECOLLECTION OF THE WITNESS, YOUR HONOR.

14 THE COURT: AS LONG AS IT’S BETWEEN YOU AND THE

15 WITNESS.

16 BY MR. FELDMAN:

17 Q YOU’LL SEE THAT I’M SHOWING YOU A STATEMENT

18 OF ANOTHER WITNESS THAT’S HIGHLIGHTED IN YELLOW.

19 I’D JUST ASK YOU TO TAKE A LOOK AT THAT TO SEE

20 WHETHER OR NOT IT REFRESHES YOUR MEMORY THAT, IN

21 FACT, YOU HAD DANCED WITH DAVID WESTERFIELD THAT

22 NIGHT?

23 A NO, I DIDN’T.

24 Q WHEN YOU SAY, NO, YOU DIDN’T, YOU MEAN TO

25 SAY THE DOCUMENT DID NOT REFRESH YOUR RECOLLECTION,

26 OR YOU DID NOT DANCE WITH DAVID WESTERFIELD?

27 A I DID NOT DANCE WITH DAVID WESTERFIELD.

28 Q SO ARE YOU TELLING ME NOW YOUR MEMORY IS

Page 602

1 CHANGED, TODAY, IN THAT EARLIER YOU SAID YOU WEREN’T

2 SURE?

3 MR. DUSEK: OBJECTION; ARGUMENTATIVE.

4 THE COURT: COUNSEL, IT’S ARGUMENTATIVE. IT’S

5 ON THE RECORD. I’VE HEARD IT. LET’S MOVE ON.

6 BY MR. FELDMAN:

7 Q ON THE EVENING OF FEBRUARY THE 1ST, DID YOU

8 DANCE WITH A MAN — WAS A MAN NAMED KEITH PRESENT?

9 A YES.

10 Q AND DAVID WESTERFIELD WAS PRESENT — STRIKE

11 THAT.

12 DID YOU PLAY POOL WITH KEITH?

13 A NO. BARBARA DID.

14 Q OKAY. BUT I THOUGHT YOU SAID THAT YOU

15 WANTED TO WAIT AROUND UNTIL AT SOME POINT YOU WON A

16 POOL GAME.

17 IS THAT RIGHT?

18 A I PLAYED —

19 MR. DUSEK: IT MISSTATES THE EVIDENCE, YOUR

20 HONOR.

21 THE COURT: WELL, COUNSEL, I KNOW WHAT HE’S

22 TALKING ABOUT.

23 MR. DUSEK: WAITED AROUND.

24 THE COURT: YOU’RE RIGHT. IT SLIGHTLY MISSTATES

25 THE EVIDENCE. SUSTAIN THE OBJECTION.

26 I THINK YOU CAN FORM A QUESTION THAT GOES

27 MORE TO THE POINT.

28 /////

Page 603

1 BY MR. FELDMAN:

2 Q WITH REGARD TO THE EVENING OF THE 1ST OF

3 FEBRUARY, DID YOU REMAIN IN THE BAR LONG ENOUGH TO

4 PERMIT YOU TO WIN A GAME OF POOL?

5 A YES.

6 Q AND WITH WHOM WERE YOU PLAYING POOL WHEN

7 YOU WON THE GAME?

8 A THE ENTIRE THREE GAMES WERE PLAYED WITH THE

9 SAME PEOPLE. DENISE DID, AND TWO OF

10 MR. WESTERFIELD’S FRIENDS OR TWO PEOPLE THAT WERE

11 TALKING TO HIM.

12 Q OKAY. AND WHILE THE TWO OF

13 MR. WESTERFIELD’S FRIENDS OR PEOPLE THAT WERE

14 TALKING TO HIM WERE PLAYING POOL WITH YOUR TWO

15 FRIENDS, WASN’T MR. WESTERFIELD TALKING WITH ANOTHER

16 WOMAN?

17 A HIS TWO FRIENDS WERE PLAYING POOL WITH

18 DENISE AND I, NOT MY TWO FRIENDS. BARBARA WAS

19 PLAYING WITH KEITH. AND I DID RECALL SEEING HIM

20 SPEAKING TO ANOTHER WOMAN.

21 Q I THINK YOU TOLD US ON DIRECT EXAMINATION

22 KEITH HAD AN INTEREST IN BARBARA.

23 IS THAT CORRECT?

24 A YES, IT IS.

25 Q IS THAT BECAUSE KEITH TOLD YOU THAT HE HAD

26 TAKEN A LITTLE PILL WITH A “V” ON IT?

27 A HE DID.

28 Q AND HE INDICATED THAT HE WANTED YOU TO

Page 604

1 INVITE HIM BACK TO YOUR HOUSE TO BE WITH BARB; IS

2 THAT CORRECT?

3 A NO. HE WANTED ME — HE WANTED A CHANCE TO

4 TALK TO BARBARA TO TRY AND HOOK UP WITH HER.

5 Q OKAY. “TO TRY AND HOOK UP,” MEANING TO

6 DATE?

7 A MAYBE TO TAKE HER TO HIS HOUSE. I HAVE NO

8 CLUE.

9 Q ALL RIGHT. WERE YOU PERCIPIENT TO THAT

10 CONVERSATION?

11 A EXCUSE ME?

12 Q DID YOU SEE THE CONVERSATION OR DID YOU

13 HEAR THAT CONVERSATION BETWEEN HE AND SHE?

14 A NO.

15 Q YOU DANCED WITH KEITH THAT EVENING;

16 CORRECT?

17 A YES.

18 Q YOU MAY HAVE DANCED WITH RICH THAT EVENING;

19 CORRECT?

20 A YES.

21 Q YOU DANCED WITH BARBARA; CORRECT?

22 A YES.

23 Q AND YOU DANCED A SLOW DANCE WITH AN OLDER

24 MAN; ISN’T THAT CORRECT?

25 A YES.

26 Q AND WHILE YOU WERE DANCING WITH THAT OLDER

27 MAN, YOU DISCUSSED YOUR CHILDREN; ISN’T THAT

28 CORRECT, WHILE YOU WERE DANCING?

Page 605

1 A YES, WE DID.

2 Q AND IS IT THE CASE THAT DAVID WESTERFIELD

3 WAS DANCING WITH BARBARA OR DENISE?

4 A I HAVE — I HAVE NO IDEA.

5 Q BY YOUR ANSWER, YOU MEAN TO COMMUNICATE

6 YOU’RE NOT SURE WHETHER OR NOT HE DID?

7 A I DON’T KNOW IF HE DANCED WITH THEM.

8 Q IT IS THE CASE, THOUGH, THAT YOU STAYED AT

9 THE BAR TILL IT CLOSED; IS THAT CORRECT?

10 A AROUND CLOSING, YES.

11 Q WELL, DIDN’T YOU TELL — DIDN’T YOU TELL

12 DETECTIVE LABORE YOU STAYED AT THE BAR TILL IT

13 CLOSED?

14 A I KNOW THAT — THAT LAST CALL WAS CALLED,

15 BUT THERE WAS STILL PEOPLE THERE WHEN WE LEFT.

16 Q OKAY. I’M SORRY, WHAT DOES “LAST CALL”

17 MEAN?

18 A I GUESS THEY DON’T SERVE ANY MORE ALCOHOL

19 AFTER A CERTAIN TIME.

20 Q DO YOU KNOW WHAT TIME THAT WAS ON THE 1ST

21 OF FEBRUARY?

22 A I THINK THAT WE LEFT ABOUT TEN MINUTES

23 UNTIL 2:00.

24 Q YOU ACTUALLY WENT INTO THE PARKING LOT TO

25 PICK UP YOUR FRIENDS BARBARA AND DENISE AS YOU

26 PREPARED TO EXIT; IS THAT CORRECT?

27 A YES, I WALKED TO THE TRUCK.

28 Q AND YOU GOT INTO THE TRUCK; IS THAT

Page 606

1 CORRECT?

2 A YES.

3 Q AND WAS THAT — I’M SORRY. HOW MUCH TIME

4 HAD ELAPSED BETWEEN THE TIME YOU WERE SMOKING

5 MARIJUANA WHILE AT DAD’S AND THE TIME YOU GOT INTO

6 THE CAR?

7 A IT HAD BEEN A COUPLE OF HOURS.

8 Q SO YOU STOPPED — IS IT TRUE THAT YOU

9 STOPPED DRINKING AND SMOKING DRUGS BY MIDNIGHT ON

10 THE 1ST OF FEBRUARY?

11 A I DON’T KNOW AN EXACT TIME, NO.

12 Q WELL, WHEN YOU TOLD ME A COUPLE OF HOURS,

13 WERE YOU GUESSING?

14 A IT’S AN APPROXIMATE TIME, YES, IT IS.

15 Q COULD IT HAVE BEEN APPROXIMATELY ONE HOUR?

16 MR. DUSEK: OBJECTION; VAGUE, SPECULATION.

17 THE COURT: OVERRULED.

18 THE WITNESS: I DON’T KNOW THE EXACT TIME. NO,

19 I DON’T.

20 BY MR. FELDMAN:

21 Q COULD IT HAVE BEEN 30 MINUTES?

22 A NO.

23 Q SO IS IT FAIR TO SAY SOMEWHERE AROUND ONE

24 AND TWO HOURS?

25 A I WOULD SAY CLOSER TO TWO HOURS.

26 Q AND YOU HAD HAD BY THE TIME YOU MADE THE

27 DECISION TO STOP DRINKING JUST, I THINK YOU TOLD US,

28 THREE CRANBERRY VODKAS; IS THAT CORRECT, MA’AM?

Page 607

1 A YES.

2 Q WITH REGARD TO THOSE CRANBERRY VODKAS, DO

3 YOU RECALL WHETHER OR NOT THEY WERE STRONG DRINKS?

4 A NO, THEY WEREN’T VERY STRONG.

5 Q THEN YOU TOLD US, I THINK, THAT YOU HAD

6 SOME TEQUILA; IS THAT CORRECT?

7 A YES.

8 Q AND HOW MUCH TEQUILA DID YOU HAVE?

9 A ONE SHOT.

10 Q WOULD THAT — WAS IT IN A SHOT GLASS OR HOW

11 DID YOU CONSUME THAT?

12 A YES, IT WAS.

13 Q IN A SHOT GLASS?

14 A YES.

15 Q AND DID YOU DRINK THAT SHOT OF TEQUILA WITH

16 ANYBODY ELSE?

17 A I DON’T RECALL.

18 Q WHO — WHO BOUGHT THE TEQUILA FOR YOU, DO

19 YOU KNOW?

20 A I DON’T RECALL.

21 Q IS IT JUST KIND OF WHEN YOU GO TO DAD’S, IS

22 IT JUST LIKE PEOPLE BUY DRINKS FOR PEOPLE THAT ARE

23 THERE?

24 MR. DUSEK: OBJECTION; IRRELEVANT, 352.

25 THE COURT: SUSTAINED.

26 NEXT QUESTION.

27 BY MR. FELDMAN:

28 Q WHEN YOU MADE THE DECISION TO LEAVE, YOU

Page 608

1 TOLD US THAT — JUST NOW YOU TOLD US YOU WENT TO

2 YOUR TRUCK. DID YOU GO TO THE FRONT DOOR AND PICK

3 UP BARBARA AND DENISE?

4 A I TAPPED ON THE WINDOW IN THE SMOKING AREA,

5 AND I MOTIONED TO THEM THAT IT WAS TIME TO GO.

6 Q OKAY. WASN’T THERE SOME CONVERSATION

7 BETWEEN KEITH AND RICH CONCERNING GOING HOME WITH

8 YOU?

9 A RICH HAD ASKED ME WHAT I TOLD YOU BEFORE.

10 BUT I DON’T KNOW ABOUT THEIR CONVERSATION.

11 Q I’M ASKING WHETHER YOU HAD A CONVERSATION

12 WITH KEITH AND RICH INVITING THEM TO YOUR HOUSE WHEN

13 YOU LEFT THE BAR.

14 A I TOLD KEITH THAT THEY COULD STOP BY FOR A

15 MINUTE SO HE COULD TALK TO BARBARA, YES.

16 Q AND THAT WAS BECAUSE BEFORE YOU LEFT, KEITH

17 TOLD YOU HE NEEDED YOUR HELP TO MAKE THIS BARBARA

18 THING HAPPEN FOR HIM; IS THAT RIGHT?

19 A YES.

20 Q NOW, ALL OF YOU, THEN, IT SOUNDS LIKE THERE

21 WERE THE THREE WOMEN IN ONE CAR AND THE TWO MEN IN

22 ANOTHER CAR, DRIVING FROM DAD’S TO YOUR RESIDENCE;

23 IS THAT CORRECT?

24 A YES.

25 Q ARE YOU STARTING TO FEEL LIKE YOU NEED A

26 BREAK, MA’AM?

27 A NO, I’M FINE.

28 THE COURT: IF SHE IS, SHE’LL LET US KNOW.

Page 609

1 WON’T YOU?

2 WE’RE GOING TO STOP AT 12:00 ANYWAY.

3 YOU TELL US WHAT YOU NEED.

4 GO AHEAD, COUNSEL.

5 BY MR. FELDMAN:

6 Q WHEN YOU ARRIVED AT YOUR HOUSE, YOU PARKED

7 YOUR CAR IN THE DRIVEWAY; IS THAT CORRECT?

8 A YES.

9 Q KEITH AND RICH PULLED IN IN FRONT OF YOUR

10 HOUSE; IS THAT RIGHT?

11 A YES.

12 Q DO YOU REMEMBER WHETHER OR NOT THERE WAS A

13 LIGHT ON — OH, WELL, STRIKE THAT.

14 WHEN YOU LEFT THAT NIGHT, IT WAS YOUR

15 UNDERSTANDING THAT DAMON WAS ESSENTIALLY THE

16 BABY-SITTER, IT WAS HIS RESPONSIBILITY TO WATCH THE

17 KIDS; RIGHT?

18 A I WOULDN’T CONSIDER DAMON TO BE A

19 BABY-SITTER. I WOULD CONSIDER HIM TO BE THEIR

20 FATHER.

21 Q WAS IT HIS RESPONSIBILITY TO WATCH THE

22 KIDS? IS THAT CORRECT?

23 A YES, IT WAS HIS RESPONSIBILITY.

24 Q AS A MATTER OF CUSTOM AND PRACTICE, WOULD

25 THE UPSTAIRS LIGHTS BE TURNED OFF WHEN THE KIDS WENT

26 TO BED?

27 A YES.

28 Q AND THE WAY YOU DESCRIBE THE UPSTAIRS, I

Page 610

1 THINK IN RESPONSE TO MR. DUSEK’S QUESTION YOU SAID

2 THERE WERE I THINK THREE BEDROOMS AND A MASTER

3 BEDROOM.

4 IS THAT ACCURATE UP TO A POINT SO FAR?

5 A YES.

6 Q IS THERE THEN SOME KIND OF HALLWAY OR

7 WHATEVER —

8 A THERE’S A WALKWAY OVER TO THE MASTER

9 BEDROOM.

10 Q IS THERE SOME KIND OF OVERHEAD LIGHTING?

11 A NO.

12 Q OKAY.

13 A I’M SORRY. YES, THERE IS.

14 Q SO WHAT I’M ASKING YOU THEN —

15 THE COURT: TAKE IT EASY. I CAN’T ALWAYS

16 REMEMBER WHAT’S IN MY HOUSE, TOO. RELAX.

17 GO AHEAD.

18 BY MR. FELDMAN:

19 Q WHEN THE KIDS GO TO BED, WHEN YOU PUT YOUR

20 KIDS TO BED, IT’S GENERALLY THE CUSTOM AND PRACTICE

21 TO TURN OFF THE OVERHEAD LIGHTS TO HELP THEM SLEEP;

22 ISN’T THAT RIGHT?

23 A YES.

24 Q WHEN YOU GO TO SLEEP AT NIGHT WITH YOUR

25 HUSBAND, DO YOU GENERALLY CLOSE THE DOOR?

26 A TO OUR ROOM?

27 Q YES.

28 A YES.

Page 611

1 Q THAT’S TO KEEP THE DOG IN, IS IT?

2 A YES.

3 Q AND WHEN YOU CLOSE THE DOOR, IS IT AFTER

4 THE LIGHTS ARE TURNED OFF, THE OVERHEAD LIGHTS?

5 DO YOU UNDERSTAND ME?

6 A YES.

7 Q I’M SORRY. I JUST THREW SOMETHING OUT.

8 DID YOU UNDERSTAND MY LAST QUESTION?

9 A I DID.

10 Q WHEN YOU SAID “YES,” DID YOU MEAN TO SAY

11 THAT, IN FACT, YOU DO AS A MATTER OF CUSTOM AND

12 PRACTICE WHEN YOU GO TO BED TURN OFF THAT OVERHEAD

13 LIGHT?

14 A WE GENERALLY TRY TO TURN OFF ALL THE

15 LIGHTS.

16 Q ALL RIGHT. DID YOU EXPECT THAT YOUR

17 HUSBAND WOULD BE ASLEEP WHEN YOU ARRIVED BACK AT

18 2:00 A.M.?

19 A I DIDN’T THINK ABOUT IT.

20 Q WAS ONE OF THE REASONS YOU BROUGHT DENISE

21 AND BARBARA BACK TO THE HOUSE TO PERMIT THEM TO

22 SOCIALIZE WITH YOUR HUSBAND?

23 A ABSOLUTELY NOT.

24 Q WAS THERE PIZZA IN THE HOUSE?

25 A LEFT OVER FROM DINNER, YES.

26 Q HAD YOU TOLD ANYBODY AT THE BAR THAT THEY

27 WERE INVITED TO YOUR HOUSE FOR THE PURPOSE OF EATING

28 PIZZA?

Page 612

1 A NOW, I ALREADY TOLD YOU THAT I TOLD KEITH

2 HE COULD COME OVER FOR A MOMENT, AND I MAY HAVE

3 MENTIONED HAVING PIZZA.

4 Q IN ADDITION TO MENTIONING HAVING PIZZA TO

5 KEITH, DID YOU MENTION HAVING PIZZA TO RICH?

6 A I DON’T RECALL.

7 Q DID YOU MENTION HAVING PIZZA TO BARBARA OR

8 DENISE?

9 A I DON’T RECALL.

10 Q DID YOU CALL YOUR HUSBAND TO TELL HIM AHEAD

11 OF TIME THAT YOU WERE PLANNING TO COME HOME AT 2:00

12 IN THE MORNING WITH FIVE PEOPLE?

13 A NO.

14 Q WHEN YOU GOT HOME, I THINK YOU TOLD US ONE

15 OF THE FIRST THINGS YOU NOTICED WAS A BLINKING

16 LIGHT.

17 IS THAT ACCURATE, MA’AM?

18 A YES.

19 Q OKAY. PLEASE, WHAT DID THE BLINKING LIGHT

20 COMMUNICATE TO YOU?

21 A THAT THERE WAS A DOOR OPEN.

22 Q IS THAT BECAUSE OF THE SECURITY SYSTEM IS

23 SUCH THAT IF THERE’S A DOOR OPEN AT ALL, THEY’LL BE

24 SOME KIND OF BLINKING LIGHT?

25 A YES. THE DOORS HAVE SENSORS.

26 Q WELL, I THOUGHT YOU SAID ON DIRECT THAT

27 THERE WERE ONLY TWO SENSORS IN THE HOUSE.

28 A NO. EACH DOOR. THERE’S TWO CONTROL

Page 613

1 PANELS.

2 Q OKAY. SO THERE’S TWO CONTROL PANELS BUT A

3 NUMBER OF SENSORS THROUGHOUT THE HOUSE?

4 A YES, THEY’RE ON WINDOWS AND DOORS.

5 Q SO IF SOMEBODY — IF THE DOOR’S LEFT OPEN,

6 THERE’S GOING TO BE SENSORS REFLECTING THAT OR SOME

7 WAY TO REFLECT THAT BOTH UPSTAIRS AND DOWNSTAIRS?

8 A THAT IS THE CONTROL PANEL.

9 Q OKAY.

10 A THE SENSOR’S ACTUALLY ON THE DOOR. WHEN

11 THE TWO OF THEM DON’T MEET, THE RED LIGHT SHOWS ON

12 THE CONTROL PANEL.

13 Q WHEN YOU GOT HOME, DID YOU TRY AND FIND

14 WHICH DOOR IT WAS THAT WAS OPEN?

15 A YES.

16 Q AND EARLIER IN DIRECT YOU TALKED ABOUT THE

17 GARAGE DOOR, AND WE’VE TALKED ABOUT THE GARAGE DOOR.

18 IS THAT ONE OF THE DOORS THAT IF IT’S LEFT OPEN, THE

19 SENSORS OR THE CONTROL PANEL WILL SHOW BLINKING

20 LIGHTS?

21 A YES.

22 Q WHEN YOU SEARCHED YOUR HOUSE AT AROUND TWO

23 O’CLOCK OR LOOKED AROUND YOUR HOUSE AT AROUND TWO

24 O’CLOCK, DID YOU FIND A DOOR THAT WAS OPEN?

25 A YES.

26 Q CAN YOU PLEASE TELL ME WHAT DOOR THAT WAS?

27 A IT WAS THE SIDE GARAGE DOOR GOING OUT TO

28 THE OUTSIDE.

Page 614

1 Q EARLIER IN THE EVENING, WHEN YOU WERE

2 SMOKING MARIJUANA IN THE GARAGE, WAS THAT A DOOR

3 THAT YOU RELIED UPON EITHER BARBARA OR DENISE TO

4 HAVE SHUT?

5 A I DON’T RECALL.

6 Q WITH REGARD TO THAT PARTICULAR DOOR THAT

7 YOU FOUND OPEN, IS THAT A DOOR THAT SOMEHOW HAS

8 ACCESS TO THE STREET OR THE OUTSIDE?

9 A IT HAS ACCESS TO OUR SIDE YARD.

10 Q OKAY. IF SOMEBODY GETS INTO YOUR SIDE

11 YARD, IS THERE A WAY FOR THEM TO GET TO THE STREET

12 OR OUT?

13 A IF THEY’RE IN OUR YARD?

14 Q YES.

15 A THEY’D HAVE TO GO BACK OUT THE GATE.

16 IS THAT WHAT YOU’RE ASKING ME?

17 Q YES.

18 THE COURT: YES. THEY’D HAVE TO GO OUT THE GATE

19 BUT NOT THROUGH THE GARAGE. THEY’D GO OUT THROUGH

20 THE GATE; AM I CORRECT?

21 THE WITNESS: YES.

22 BY MR. FELDMAN:

23 Q THANK YOU.

24 WITH REGARD TO THE GATE THAT YOU JUST TOLD

25 US THAT THEY HAD TO GET OUT OF, IS THAT A GATE THAT

26 YOU WOULD LOCK OR WOULD HAVE A PADLOCK OF ANY KIND?

27 A NO.

28 Q ON THE 1ST OF FEBRUARY, DID — OR THE 31ST

Page 615

1 OF JANUARY, DID THAT HAVE ANY FORM OF LOCKING

2 MECHANISM?

3 A NO.

4 Q WITH REGARD TO YOUR SEARCH — I’M USING

5 THAT WORD. I DON’T MEAN IT IN A NEGATIVE WAY.

6 WHEN YOU GOT HOME AND THE LIGHTS WERE

7 BLINKING, YOU DID SEARCH YOUR HOUSE TO SEE WHAT WAS

8 OPEN.

9 IS THAT A FAIR STATEMENT?

10 A YES, IT IS.

11 Q COULD YOU TELL WHETHER OR NOT — IS THERE

12 — DO YOU HAVE A FAMILY ROOM OF SOME KIND THAT HAS

13 SLIDING GLASS DOORS?

14 A YES.

15 Q DID YOU CHECK TO SEE WHETHER OR NOT THE

16 SLIDERS WERE SHUT?

17 A YES.

18 Q DO YOU RECALL WHETHER THE SLIDERS WERE

19 SHUT?

20 A IT WAS SHUT.

21 Q DID YOU CHECK TO SEE WHETHER OR NOT — IS

22 YOUR SECURITY SYSTEM SUCH THAT IF A WINDOW WAS OPEN,

23 IT WOULD BLINK?

24 A YES.

25 Q DID YOU CHECK TO SEE WHETHER OR NOT ALL THE

26 WINDOWS WERE SHUT?

27 A ONCE I CLOSED THE SIDE GARAGE DOOR OR

28 DENISE DID, THERE WERE NO LONGER ANY RED LIGHTS ON

Page 616

1 THE CONTROL PANEL.

2 Q AND CAN YOU GIVE US YOUR BEST ESTIMATE OF

3 WHAT TIME THAT WAS?

4 A IT WAS A LITTLE BIT AFTER 2:00.

5 Q ABOUT HOW LONG AFTER?

6 A MAYBE BEFORE 2:15.

7 Q DO YOU THINK YOU GOT HOME ABOUT TWO

8 O’CLOCK?

9 A I DON’T KNOW THE EXACT TIMES.

10 Q THAT’S WHY I SAID “ABOUT.”

11 A APPROXIMATELY.

12 Q ALL RIGHT.

13 THE COURT: ALL RIGHT. THAT’S ENOUGH FOR THIS

14 MORNING. WE’RE IN RECESS UNTIL 1:30.

15 PLEASE REMEMBER MY ADMONITION.

16 (PROCEEDINGS ADJOURNED.)

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