02073 – July 2nd 2002 – Transcript of David Westerfield Trial Day 15 – afternoon 1

TRIAL DAY 15 – PART 3 – afternoon1
SAN DIEGO, CALIFORNIA, TUESDAY, JULY 2, 2002, 1:30 P.M. (afternoon 1)


WITNESSES:
James F. Tomsovic (police officer)
Mark Roehr (software engineer, neighbor, testified about Westerfield, family, RV and misc – direct and cross)
Janet Roehr (Mark Roehr’s wife, neighbor, testified about Westerfield, family, RV and misc – direct and cross


–O0O–
THE COURT: WELCOME BACK, LADIES AND GENTLEMEN.
I JUST WANT TO LET YOU KNOW THAT THE HEAD OF MAINTENANCE CAME UP TO SEE ME TO APOLOGIZE. THEY HAD A CONDENSER PROBLEM THIS MORNING. AND EVERYTHING SHOULD BE WORKING FINE. SO EVERYBODY’S TUNED IN TO YOUR COMFORT. BELIEVE ME.
ALL RIGHT. AT THIS POINT IN TIME WE’RE GOING TO SHIFT OVER TO THE OTHER SIDE OF THE AISLE.
MR. FELDMAN OR MR. BOYCE.
MR. BOYCE: YOUR HONOR, WE CALL DETECTIVE TOMSOVIC.
THE COURT: ALL RIGHT.
JAMES F. TOMSOVIC,
CALLED AS A WITNESS BY THE DEFENDANT, PREVIOUSLY HAVING BEEN DULY SWORN, TESTIFIED AS FOLLOWS:
THE COURT: DETECTIVE, YOU ARE STILL UNDER OATH, SO IF YOU CAN JUST ASSUME THE STAND.
DIRECT EXAMINATION BY MR. BOYCE:
Q.: GOOD AFTERNOON AGAIN, DETECTIVE TOMSOVIC.
A.: GOOD AFTERNOON.
Q.: AS YOU’VE TOLD US, YOU WERE INVOLVED IN THE INVESTIGATION OF THE DISAPPEARANCE OF DANIELLE VAN DAM. WEREN’T YOU?
A.: YES.
Q.: DO YOU RECALL GOING TO THE SAN DIEGO POLICE DEPARTMENT IMPOUND LOT ON FEBRUARY 6TH REGARDING THE MOTOR HOME IN THIS CASE?
A.: YES.
Q.: WHO HAD THE KEYS TO THAT MOTOR HOME?
A.: I DID.
Q.: DID YOU HAVE THEM IN YOUR POSSESSION AT ALL TIMES?
A.: YES.
Q.: AND ON FEBRUARY 6TH, YOU HAD POSSESSION OF THE KEYS?
A.: YES, I DID.
Q.: DID THOSE KEYS UNLOCK THE COMPARTMENTS THAT WERE AROUND THE OUTSIDE OF THE MOTOR HOME?
A.: ONE OF THE KEYS DID, YES.
Q.: TO ENTER THOSE COMPARTMENTS, YOU HAD TO UNLOCK THE COMPARTMENTS THEN, IS THAT CORRECT?
A.: THEY WERE ALL LOCKED.
Q.: NOW, ON FEBRUARY 6 DO YOU RECALL A PERSON BY THE NAME OF JAMES FRAZEE?
A.: YES.
Q.: WAS HE PRESENT AT THE POLICE IMPOUND LOT?
A.: YES.
Q.: AND WERE YOU THERE WHEN HE WAS THERE?
A.: YES.
Q.: DID YOU DO A REPORT IN THIS CASE?
A.: IT WAS PART OF A PARAGRAPH IN ONE OF MY REPORTS THAT I PREPARED AS FAR AS HIS AND MY INVOLVEMENT.
Q.: AND YOU DESCRIBED WHAT YOU OBSERVED WHEN HE LED HIS DOGS AROUND THE MOTOR HOME, IS THAT CORRECT?
A.: YES.
Q.: AND THIS WAS DONE ON FEBRUARY 6 IN THE MORNING?
A.: YES. FIRST THING.
Q.: AT APPROXIMATELY 9:00 O’CLOCK.
A.: BETWEEN 8:30 AND 9:00 WE ARRIVED, AND THE SEARCH WOULD HAVE BEGUN AROUND 9:00 O’CLOCK.
Q.: DID YOU ALSO SEE A SAN DIEGO SHERIFF DEPARTMENT RESERVE LIEUTENANT ROSEMARY REDDITT IN THE AREA?
A.: YES. I SPOKE WITH HER.
Q.: WAS THERE ALSO ANOTHER LIEUTENANT IN THE AREA OF THE MOTOR HOME ON THAT OCCASION?
A.: A POLICE — SAN DIEGO POLICE DEPARTMENT LIEUTENANT RICH ROTHE WAS THERE AT THE VERY BEGINNING. I DON’T KNOW HOW LONG HE STAYED. IT SEEMS THAT HE LEFT AT ONE POINT.
Q.: AND DO YOU RECALL MR. FRAZEE RUNNING ONE OF HIS DOGS AROUND THE OUTSIDE OF THE MOTOR HOME?
A.: YES. THAT WOULD HAVE BEEN THE DOG CIELO.
Q.: AND THE DOG SHOWED NO POSITIVE REACTION TO —
MR. DUSEK: OBJECTION. LEADING.
THE COURT: YES.
REPHRASE.
BY MR. BOYCE:
Q.: WHAT DID YOU OBSERVE THE DOG DO?
A.: THE DOG WENT AROUND THE MOTOR HOME WITH MR. FRAZEE IN CLOSE ATTENDANCE. THE DOG EXAMINED EACH OF THE LOWER BAYS, THE EQUIPMENT BAYS ON THE MOTOR HOME. AGAIN WITH MR. FRAZEE IN CLOSE ATTENDANCE. AND THAT WAS ALL I CAN — THAT I RECALL OF OBSERVING.
Q.: YOU STATED IN YOUR REPORT THE DOG SHOWED NO POSITIVE REACTION DURING THE SEARCH.
MR. DUSEK: OBJECTION. HEARSAY. IT’S IN THE REPORT.
THE COURT: OVERRULED.
YOU MAY ANSWER.
THE WITNESS: YES, I DID WRITE THAT IN MY REPORT.
BY MR. BOYCE:
Q.: AND THIS IS THE REPORT I BELIEVE THAT YOU SAID THAT YOU REVIEWED FOR ACCURACY AND COMPLETENESS. IS THAT CORRECT?
A.: YES.
Q.: AND A REPORT IN WHICH YOU INCLUDED ALL IMPORTANT DETAILS, ALL IMPORTANT INFORMATION. IS THAT CORRECT?
A.: AS MUCH IMPORTANT INFORMATION AS WAS PRESENTED TO ME AT THE TIME, YES.
Q.: NOW, THE REPORT’S DATED FEBRUARY 7TH THAT THIS SEARCH OCCURRED. DID YOU LATER CORRECT THAT?
A.: I DON’T KNOW IF I DID A WRITTEN CORRECTION ON THAT, BUT THAT WAS AN ERROR ON THE REPORT. THAT FEBRUARY 7TH WOULD HAVE BEEN THE SECOND DAY OF OUR EXAMINATION OF THE MOTOR HOME. AND IT ACTUALLY DID OCCUR ON FEBRUARY 6TH, THE FIRST DAY. THAT WAS THE FIRST THING THAT WAS DONE THAT DAY ASIDE FROM PHOTOGRAPHS.
Q.: SHOWING YOU A ONE-PAGE REPORT ENTITLED “CRIME SCENE REPORT CORRECTIONS.” DO YOU RECOGNIZE THAT?
A.: YES.
Q.: DO YOU — IS THAT THE REPORT IN WHICH YOU CORRECTED THE DATE OF YOUR MOTOR HOME SEARCH?
A.: YES. I JUST WASN’T SURE THAT I HAD WRITTEN THE REPORT OR NOT. BUT THAT WOULD HAVE BEEN THE WRITTEN REPORT TO CORRECT THAT FACT.
Q.: AND IT CORRECTED THE FACT THAT THE DATE WAS FEBRUARY 6TH RATHER THAN FEBRUARY 7TH THAT THE DOGS SEARCHED THE MOTOR HOME, IS THAT CORRECT?
A.: CORRECT.
Q.: AND IN YOUR CORRECTIONS TO THE REPORT, YOU DIDN’T CORRECT THE FACT THAT THE DOG SHOWED NO POSITIVE REACTION DURING THEIR SEARCH, DID YOU?
A.: NO.
MR. BOYCE: I DON’T HAVE ANYTHING FURTHER, YOUR HONOR.
THE COURT: ALL RIGHT.
CROSS-EXAMINATION.
CROSS-EXAMINATION BY MR. DUSEK:
Q.: WERE YOU AT THE LOCATION FIRST OR WAS MR. FRAZEE?
A.: I BELIEVE THEY WERE THERE BEFORE I ARRIVED. THEY WERE WAITING FOR ME.
Q.: DO YOU KNOW HOW LONG THEY HAD BEEN THERE BEFORE YOU GOT THERE?
A.: NO.
Q.: AND WHEN YOU SAY THEY, WHO ARE YOU TALKING ABOUT?
A.: FRAZEE, MR. FRAZEE, THE SHERIFF’S RESERVE LIEUTENANT FEMALE, I FORGOT HER NAME, I’M SORRY.
Q.: ROSEMARY REDDITT?
A.: RIGHT. AND OUR DETECTIVE HOWARD LABORE. AND LIEUTENANT RICH ROTHE. THEY WERE ALL THERE BEFORE I ARRIVED.
Q.: AND YOU DID NOT — YOU WERE NOT ABLE TO PERSONALLY OBSERVE WHAT WAS GOING ON BEFORE YOU GOT THERE, WERE YOU?
A.: NO.
Q.: YOU SAW THE DOG, YOU ACTUALLY FOLLOWED THE DOG ALL THE WAY AROUND THE MOTOR HOME.
A.: NO, I DID NOT.
Q.: SO YOU DIDN’T EVEN FOLLOW IT FOR AN ENTIRE LOOP OF THE MOTOR HOME?
A.: NO. I BELIEVE LIEUTENANT REDDITT AND MYSELF STOOD NEAR THE FRONT OF THE MOTOR HOME AND WATCHED MR. FRAZEE TAKE HIS DOG AROUND THE MOTOR HOME. WE WERE STANDING APPROXIMATELY TWENTY FEET TO THE RIGHT FRONT OF THE MOTOR HOME LOOKING DOWN THE FRONT AND RIGHT SIDE.
Q.: DID YOU SEE THE DOG AROUND AN OPEN COMPARTMENT IN THE MOTOR HOME?
A.: YES.
Q.: HOW MANY COMPARTMENTS ARE THERE IN THAT MOTOR HOME?
A.: ON THE RIGHT SIDE I BELIEVE THERE’S FIVE ON THE RIGHT SIDE AND SIX ON THE LEFT SIDE.
Q.: HOW MANY DID YOU OPEN?
A.: ALL OF THEM.
Q.: ALL AT ONE TIME OR AT —
A.: ONE AT A TIME GOING AROUND. THEY WERE ALL OPENED PRIOR TO THE DOG BEING INTRODUCED TO THE MOTOR HOME. IN OTHER WORDS, WE DIDN’T OPEN ONE AT A TIME AND THEN CLOSE IT AND MOVE TO THE NEXT.
Q.: YOU DON’T REMEMBER THE DOG GOING AROUND THE MOTOR HOME FIRST WITHOUT THE COMPARTMENTS BEING OPENED?
A.: NO, I DON’T.
Q.: BUT YOU DON’T KNOW IF THAT WAS DONE BEFORE YOU GOT THERE?
A.: IT COULD HAVE BEEN. I DON’T KNOW. I DON’T RECALL BEING INFORMED OF THAT.
Q.: ARE YOU TRAINED IN DOG HANDLING?
A.: NO.
Q.: HAVE YOU EVER TAKEN OUT SEARCH DOGS OR WATCHED THEM WORK?
A.: I’VE WATCHED THEM WORK ON OCCASIONS, BUT I’VE NEVER TAKEN THEM OUT OR HANDLED THEM WHILE THEY’RE DOING SO. I’VE BEEN AN OBSERVER.
Q.: AND YOU HAVE HAD NO TRAINING AS TO WHAT A SPECIFIC ALERT WOULD BE ON A SPECIFIC DOG.
A.: NO. AS I UNDERSTAND, DIFFERENT DOGS CAN ALERT IN DIFFERENT MANNERS.
Q.: ALL RIGHT.
DID YOU SEE THE DOG SHOW ANY ATTENTION AT ALL TO ANY OF THESE COMPARTMENTS WHILE YOU WERE THERE?
A.: NOT THAT I COULD DETERMINE.
Q.: AND YOU WERE NOT THERE TRYING TO READ THE DOG, THOUGH, WERE YOU?
A.: NO. AGAIN I WAS PRIMARILY TALKING WITH THE FEMALE LIEUTENANT ABOUT THE DOGS AND THEIR JOBS.
Q.: ALL RIGHT.
SO YOU WERE DISCUSSING THIS, THESE EVENTS, WITH REDDITT WHILE FRAZEE WAS WORKING HIS DOG.
A.: YES. AND, AGAIN, WE WERE OBSERVING WHAT WAS GOING ON AT LEAST ON THE RIGHT SIDE FRONT SIDE OF THE MOTOR HOME.
Q.: ALL RIGHT.
DID YOU SPEAK WITH FRAZEE AFTER THE DOG COMPLETED ITS WORK THAT YOU OBSERVED?
A.: YES.
Q.: DID YOU GIVE HIM ANY INSTRUCTIONS?
A.: I DON’T RECALL.
Q.: DO YOU KNOW IF ANY OTHER POLICE OFFICERS WERE THERE THAT SPOKE WITH HIM AFTER HIS DOGS WORKED?
A.: OTHER THAN HIS LIEUTENANT, LIEUTENANT REDDITT, I DON’T BELIEVE SO.
Q.: DID THEY LEAVE?
A.: YES.
Q.: DID YOU EVER GET A REPORT FROM EITHER FRAZEE OR REDDITT?
A.: NO.
Q.: WERE THEY SUPPOSED TO WRITE A REPORT FOR YOU OR DID YOU ASK THEM TO WRITE A REPORT?
A.: I CAN’T RECALL IF I DID OR NOT. SPECIFICALLY I CAN’T REMEMBER DOING SO.
Q.: ALL RIGHT.
MR. DUSEK: THANK YOU, SIR.
THE COURT: ALL RIGHT.
ANYTHING FURTHER, MR. BOYCE?
REDIRECT EXAMINATION BY MR. BOYCE:
Q.: YOU DIDN’T SEE THE DOG BARK OR WAG ITS TAIL, DID YOU?
A.: NO, I DID NOT.
Q.: YOU SAY THE COMPARTMENTS WERE OPENED. WHO OPENED THE COMPARTMENTS?
A.: I DID.
Q.: THAT’S BECAUSE YOU HAD THE KEY, CORRECT?
A.: YES.
Q.: WHERE WAS MR. FRAZEE AND HIS DOGS WHEN YOU SHOWED UP?
A.: I BELIEVE THAT MR. FRAZEE, LIEUTENANT REDDITT, HOWARD LABORE, AND LIEUTENANT ROTHE WERE ALL STANDING AROUND I BELIEVE LIEUTENANT ROTHE’S MARKED POLICE VEHICLE WHICH WAS PARKED IN THE PARKING LOT MAYBE FORTY FEET FROM THE MOTOR HOME.
Q.: DID THEY APPEAR TO BE WAITING FOR YOU TO ARRIVE?
MR. DUSEK: OBJECTION. SPECULATION.
THE COURT: SUSTAINED.
MR. BOYCE: I DON’T HAVE ANYTHING FURTHER, YOUR HONOR.
THE COURT: ANYTHING FURTHER, MR. DUSEK?

RECROSS-EXAMINATION
BY MR. DUSEK:
Q.: THE ENTIRE TIME YOU WERE THERE, DETECTIVE, YOU DIDN’T SEE THE DOG’S TAIL WAG?
A.: I CAN’T SPECIFICALLY REMEMBER SEEING IT. I KNOW I PETTED THE DOG. I ASKED HIM IF IT WAS OKAY IF I PET HIS DOG, AND HE MAY HAVE WAGGED HIS TAIL, BUT I DON’T RECALL THAT.
MR. DUSEK: THANK YOU, SIR.
THE COURT: ALL RIGHT.
ALL RIGHT, DETECTIVE, YOU’RE FREE TO LEAVE AGAIN. BUT, AS ALWAYS, IT’S SUBJECT TO RECALL. AND REMEMBER THE ADMONITION NOT TO DISCUSS THE CASE OTHER THAN AS IS NECESSARY IN YOUR PROFESSIONAL DUTIES.
THE WITNESS: THANK YOU.
THE COURT: ALL RIGHT. THANK YOU.
(THE WITNESS WAS EXCUSED.)
THE COURT: ALL RIGHT. MR. BOYCE.
MR. BOYCE: DEFENSE CALLS MARK ROEHR.

MARK ROEHR,
CALLED AS A WITNESS BY THE DEFENDANT, HAVING BEEN DULY SWORN, TESTIFIED AS FOLLOWS:
THE CLERK: SIR, PLEASE STATE YOUR NAME AND SPELL IT FOR THE RECORD.
THE WITNESS: MARK ROEHR. M-A-R-K R-O-E-H-R.

DIRECT EXAMINATION
BY MR. BOYCE:
Q.: GOOD AFTERNOON, MR. ROEHR.
WHAT IS YOUR OCCUPATION?
A.: SOFTWARE ENGINEER.
Q.: AND WHERE DO YOU LIVE?
A.: I LIVE IN SABRE SPRINGS.
Q.: HOW LONG HAVE YOU LIVED IN SABRE SPRINGS?
A.: APPROXIMATELY FOUR YEARS.
Q.: WHAT STREET DO YOU LIVE ON IN SABRE SPRINGS?
A.: I LIVE ON BRIARLEAF.
Q.: DO YOU HAVE ANY CHILDREN?
A.: I HAVE THREE CHILDREN.
Q.: HOW OLD ARE THEY?
A.: FOUR, TWO, AND SEVEN MONTHS.
Q.: DO YOU KNOW A PERSON BY THE NAME OF DAVID WESTERFIELD?
A.: YES, I DO.
Q.: DOES HE LIVE IN YOUR NEIGHBORHOOD?
A.: HE LIVES RIGHT ACROSS THE STREET FROM US.
Q.: HE LIVES ON — WHAT STREET DOES HE LIVE ON?
A.: HE LIVES ON MOUNTAIN PASS.
Q.: HOW LONG HAVE YOU KNOWN HIM?
A.: JUST ABOUT AS LONG AS I’VE BEEN THERE. FOUR YEARS.
Q.: ARE YOU MARRIED?
A.: YES, I AM.
Q.: WHAT’S YOUR WIFE’S NAME?
A.: JANET.
Q.: DOES SHE — I ASSUME SHE LIVES IN THE SAME HOUSE THAT YOU DO.
A.: AS FAR AS I KNOW, YES.
Q.: AND HOW DID YOU MEET MR. WESTERFIELD?
A.: WHEN WE MOVED IN, DAVE JUST FRIENDLY, AND HE’S OUT FRONT A LOT, AND SO AS WE WERE MOVING IN, WE JUST GOT TO KNOW EACH OTHER.
Q.: HAVE YOU EVER BEEN OVER TO HIS HOUSE?
A.: MANY TIMES.
Q.: APPROXIMATELY HOW MANY TIMES HAVE YOU BEEN OVER TO HIS HOUSE?
A.: WELL OVER A DOZEN, TWO DOZEN TIMES.
Q.: HAS HE EVER INVITED YOU TO GO CAMPING WITH HIM?
A.: ON OCCASION. OF COURSE HE GOES OUT TO THE DESERT A LOT, SO HE’S SEVERAL TIMES A DAY, JUST COME OUT WITH US SOMETIME.
Q.: AND HAS — HAVE YOU — HAS YOUR WIFE ALSO BEEN OVER TO HIS HOUSE?
A.: YES.
Q.: APPROXIMATELY HOW MANY TIMES HAS SHE — ALL OF YOU GOTTEN TOGETHER OVER AT HIS HOUSE?
A.: OH, LESS TIMES THAN I’VE GONE OVER. I DON’T KNOW. UNDER A HALF-DOZEN PROBABLY.
Q.: AND HAS HE SOCIALIZED OVER AT YOUR HOUSE, TOO?
A.: YES.
Q.: WHEN YOU KNEW MR. WESTERFIELD, DID HE HAVE GIRLFRIENDS ON OCCASION?
A.: YES.
Q.: DID YOU MEET ANY OF HIS GIRLFRIENDS?
A.: YES.
Q.: DID YOU ALSO SEE A MOTOR HOME IN THE NEIGHBORHOOD?
A.: YES.
Q.: DID THAT BELONG TO MR. WESTERFIELD?
A.: RIGHT.
Q.: WHERE DID MR. WESTERFIELD KEEP THAT MOTOR HOME PARKED?
MR. DUSEK: OBJECTION. VAGUE AS TO WHEN.
THE COURT: SUSTAINED.
BY MR. BOYCE:
Q.: SAY BEGINNING APPROXIMATELY A YEAR AGO, WHERE DID HE KEEP IT PARKED WHEN YOU WOULD SEE IT IN THE NEIGHBORHOOD?
A.: WHEN I SAW IT IN THE NEIGHBORHOOD, IT WAS EITHER RIGHT IN FRONT OF OUR HOME, WE HAVE A LONG STRETCH OF CURB NEXT TO OUR HOUSE WHICH IS DIRECTLY ACROSS FROM DAVE’S HOUSE, OR IT WOULD BE — WHICH IS, BY THE WAY, ON MOUNTAIN PASS — OR IT WOULD BE ON BRIARLEAF NEXT TO HIS HOUSE.
Q.: HOW FREQUENTLY WOULD YOU SEE THE NEIGHBORHOOD IN THE
— OR THE MOTOR HOME IN THE NEIGHBORHOOD WITHIN THE PAST YEAR?
A.: TOTALLY A GUESS, BUT I WOULD SAY A HALF A DOZEN TIMES.
Q.: HOW LONG WOULD THE MOTOR HOME REMAIN PARKED IN THE NEIGHBORHOOD AT A TIME?
A.: THAT WOULD DEPEND ON — IT WOULD BE DIFFERENT FROM TIME TO TIME. SOMETIMES IT WOULD BE THERE FOR SEVERAL DAYS AT A TIME. AND SOMETIMES I WOULD JUST SEE IT FOR A DAY.
Q.: DID MR. WESTERFIELD HAVE A GIRLFRIEND THAT YOU MET OR SAW HIM WITH? I ALREADY ASKED THAT QUESTION, BUT DID HE APPEAR TO BE LIVING WITH SOMEONE THERE DURING, SAY, THE LAST YEAR?
A.: TIME FRAME FOR ME AS FAR AS, YOU KNOW, DAVE’S GIRLFRIENDS AREN’T REAL CLEAR. BUT, YES, HE’S HAD A COUPLE GIRLFRIENDS LIVING THERE WITH HIM WITHIN THE LAST SEVERAL YEARS.
Q.: WAS THERE ONE GIRLFRIEND THAT APPEARED TO BE LIVING THERE SAY LONGER THAN THE OTHER WOMEN?
A.: YES.
Q.: AND WAS THIS — DID YOU KNOW THAT PERSON’S NAME?
A.: SUSAN.
Q.: DID YOU MEET MR. WESTERFIELD’S CHILDREN?
A.: YES.
Q.: DO YOU KNOW THEIR NAMES?
A.: YES. BUT RIGHT NOW I’VE — I’VE GONE BLANK. A LITTLE NERVOUS I GUESS.
Q.: HE HAD A SON, IS THAT CORRECT?
A.: YES. NEAL. THERE WE GO.
Q.: AND A DAUGHTER.
A.: YES. AND I CAN’T REMEMBER —
Q.: LISA?
A.: LISA.
Q.: DOES THAT SOUND RIGHT?
A.: YES.
Q.: DID YOU SEE THEM ABOUT — IN AND AROUND HIS HOUSE?
A.: YES. I SAW NEAL MORE THAN I DID SEE LISA.
Q.: NOW, RECENTLY HAVE YOU SEEN SUSAN AROUND MR. WESTERFIELD’S HOUSE?
A.: NO, I HAVEN’T.
Q.: HAVE YOU SEEN THE MOTOR HOME, THOUGH, IN THE PAST —
A.: YES.
Q.: — SAY SIX MONTHS?
A.: YES.
Q.: DID THE MOTOR HOME SEEM TO BE PARKED THERE LESS FREQUENTLY OR FOR SHORTER PERIODS OF TIME THAN EARLIER?
A.: YES.
Q.: WHEN MR. WESTERFIELD HAD A GIRLFRIEND?
A.: RIGHT.
Q.: AND IN THE LAST SIX MONTHS WHEN YOU WOULD SEE THE MOTOR HOME, HOW LONG WOULD IT STAY BEFORE IT WOULD LEAVE IN THE NEIGHBORHOOD?
A.: I CAN’T REALLY ACCURATELY ANSWER THAT QUESTION. I DON’T KNOW, YOU KNOW, IF IT’S — IT COULD BE A DAY; IT COULD BE A COUPLE DAYS.
Q.: BUT IT SEEMED TO BE SHORTER PERIODS OF TIME AFTER —
MR. DUSEK: OBJECTION. LEADING.
THE COURT: THE WAY IT’S PHRASED SO FAR, SUSTAINED.
REPHRASE.
BY MR. BOYCE:
Q.: IN THE LAST SIX MONTHS DID IT APPEAR TO BE THERE FOR SHORTER PERIODS OF TIME?
A.: YES. THAT’S CORRECT.
Q.: IS THIS A FAMILY NEIGHBORHOOD, SABRE SPRINGS?
A.: YES, IT IS.
Q.: DO YOU SEE A LOT OF CHILDREN ON THE STREETS?
A.: THERE ARE QUITE A FEW CHILDREN OUT, YEAH.
Q.: DO YOU SEE — HOW OLD WERE THE — WHAT RANGE OF AGES WOULD THESE CHILDREN APPEAR TO BE?
MR. DUSEK: OBJECTION. IRRELEVANT.
THE COURT: OVERRULED.
YOU CAN ANSWER.
THE WITNESS: WELL, THE RANGES OF KIDS THAT ARE OUT, I MEAN YOU TYPICALLY SEE THE KIDS COMING HOME FROM SCHOOL, SO SCHOOL KIDS, YOU KNOW, ELEMENTARY SCHOOL TO JUNIOR HIGH.
BY MR. BOYCE:
Q.: DID YOU SEE THEM WALKING ON THE SAME SIDE OF THE STREET THAT THE MOTOR HOME WAS PARKED?
MR. DUSEK: OBJECTION. VAGUE AS TO WHICH KIDS.
THE COURT: SUSTAINED.
BY MR. BOYCE:
Q.: SCHOOL-AGE KIDS?
MR. DUSEK: STILL OBJECT. IRRELEVANT.
THE COURT: OVERRULED.
THE WITNESS: SCHOOL-AGE KIDS.
THE COURT: THE ANSWER WAS SCHOOL-AGE KIDS. IT WILL STAND.
BY MR. BOYCE:
Q.: TO YOUR KNOWLEDGE WAS THE DOOR TO THE MOTOR HOME UNLOCKED OR LOCKED?
MR. DUSEK: OBJECTION. CALLS FOR SPECULATION.
THE COURT: SUSTAINED.
BY MR. BOYCE:
Q.: TO YOUR KNOWLEDGE.
MR. DUSEK: SAME OBJECTION UNLESS HE SAW.
THE COURT: WITHOUT FURTHER FOUNDATION, SUSTAINED.
BY MR. BOYCE:
Q.: HAD YOU EVER — DID YOU SEE MR. WESTERFIELD COMING AND GOING FROM THE MOTOR HOME?
A.: YES.
Q.: AND WHEN HE LEFT THE MOTOR HOME, DID IT APPEAR THAT HE LOCKED THE MOTOR HOME?
A.: I CAN’T SAY AS FAR AS THAT’S CONCERNED. I’VE HAD SOME PERSONAL EXPERIENCE CONCERNING THAT, BUT. . .
Q.: WHAT’S YOUR PERSONAL EXPERIENCE?
A.: I’VE GONE FROM DAVE’S HOUSE CROSSING THE STREET FROM MY HOUSE TO DAVE’S HOUSE AND THEN BACK FROM DAVE’S HOUSE BACK OVER TO MY SIDE OF THE STREET WHERE THE MOTOR HOME WAS PARKED AND WALKING INTO THE MOTOR HOME WITHOUT HIM UNLOCKING THE MOTOR HOME.
Q.: SO AT LEAST ON THAT OCCASION IT WAS UNLOCKED.
A.: CORRECT.
Q.: ON FEBRUARY 4TH DO YOU RECALL THAT — I’M SORRY. FEBRUARY 2ND, DO YOU RECALL THAT DAY? IT WAS A SATURDAY.
A.: SATURDAY, YES.
Q.: AND WHAT DO YOU REMEMBER ABOUT THAT DAY?
A.: MY WIFE AND I, MY FAMILY AND I WERE STAYING ELSEWHERE. WE WERE IN CORONADO ACTUALLY RELAXING THAT FRIDAY NIGHT. AND SO WE ARRIVED SATURDAY AROUND 10:15, 10:20 AND WERE QUICKLY LEAVING SO THAT WE CAN GO OFF TO MC DONALD’S IN TIME FOR BREAKFAST BEFORE IT CLOSED DOWN THE BREAKFAST. AND WE NOTICED A LITTLE BIT OF ACTIVITY UP THE STREET, CARS TAKING OFF KIND OF QUICK, THAT KIND OF A THING. DIDN’T REALLY THINK MUCH OF IT OTHER THAN WONDER WHAT’S, YOU KNOW, WONDER WHAT THEY’RE TAKING OFF LIKE THAT FOR. AND THEN WE TOOK OFF. WE WERE GOING HOUSE SHOPPING. AND ENDED UP COMING BACK FROM HOUSE SHOPPING AROUND 3:30. 3:45. SOMETHING LIKE THAT.
DO YOU WANT ME TO JUST KEEP EXPLAINING?
Q.: WELL DID THE NEIGHBORHOOD APPEAR DIFFERENT AT 3:30 THAN IT DID OTHER TIMES?
A.: WHEN WE GOT BACK, OF COURSE, THAT’S WHEN IT WAS KNOWN THAT DANIELLE WAS MISSING. AND SO WE PULLED INTO THE DRIVEWAY. WE SAW EVERYTHING THAT WAS GOING ON. SO WHILE MY WIFE WAS TAKING THINGS OUT OF THE CAR AND TAKING CARE OF KIDS, I WALKED OVER TO THE CORNER WHERE EVERYONE ELSE WAS, SEEMED TO BE, AND TO ASK WHAT WAS GOING ON. AND THAT’S WHEN I FOUND OUT THAT SHE WAS MISSING. AND SO I WAS ASKING QUESTIONS TO SEE WHAT WAS HAPPENING. AND WITHIN JUST A FEW MINUTES DAVE PULLED UP THE STREET.
Q.: SO YOU SAW ON — ABOUT 3:30 IN THE AFTERNOON THERE WERE A LOT OF POLICE CARS IN THE AREA.
A.: A LOT OF POLICE CARS, RIGHT. IT WAS A LOT OF TAPE. THINGS WERE TAPED OFF WHERE YOU COULDN’T GET TO CERTAIN AREAS.
Q.: WHAT ABOUT THE NEWS MEDIA; WAS THERE NEWS MEDIA IN THE AREA AT THAT TIME?
A.: YOU KNOW, PROBABLY. I DON’T KNOW. I DON’T KNOW FOR SURE. I JUST SAW A LOT OF CHAOS GOING ON. SO. . .
Q.: WHAT ABOUT LATER THAT WEEK; DID YOU SEE MEDIA TRUCKS, MEDIA VEHICLES?
A.: LATER THAT WEEK IT WAS MORE NEWS TRUCKS THAN I’VE SEEN IN ONE PLACE.
Q.: WERE THEY PARKED AROUND MR. WESTERFIELD’S HOUSE?
A.: AMONGST MANY OTHERS, YES.
Q.: DID THESE ALSO INCLUDE THE TALL —
A.: SATELLITES?
Q.: — SATELLITE CAMERAS?
A.: CORRECT.
Q.: ANTENNAS IN THE AREA OF MR. WESTERFIELD’S HOUSE?
A.: YES.
Q.: NOW, ON — AT ABOUT 3:30 ON FEBRUARY 2ND, AFTER YOU ARRIVED HOME, DID YOU SEE MR. WESTERFIELD AT ANY TIME?
A.: YES, I DID. AS I WAS OUT THERE TALKING TO THE FOLKS, TRYING TO FIND OUT WHAT WAS GOING ON, HE PULLED UP BRIARLEAF TOWARDS MOUNTAIN PASS RIGHT IN FRONT OF MY HOUSE. AND AS HE WAS COMING OUT, HE KIND OF GAVE ME A SIGN LIKE WHAT’S GOING ON. AND SO RATHER THAN ATTEMPT TO ADDRESS HIM IN THE MOTOR HOME, I JUST POINTED HIM DOWN THE STREET TO GO AROUND MY HOUSE AND GO DOWN MOUNTAIN PASS TO GO FIND A PLACE TO PARK.
Q.: IN OTHER WORDS, HE WAS IN HIS MOTOR HOME, IS THAT RIGHT?
A.: HE WAS IN HIS MOTOR HOME.
Q.: DID YOU LATER SPEAK WITH MR. WESTERFIELD?
A.: YEAH. JUST VERY SOON AFTER THAT, AFTER HE FOUND A PLACE TO PARK, HE CAME DOWN AND ASKED ME WHAT WAS GOING ON. AND THAT’S WHEN I TOLD HIM THAT THE LITTLE GIRL A COUPLE HOUSES UP THE STREET, KIND OF POINTED TO THE AREA, WAS MISSING.
Q.: DID YOU SEE WHERE HE PARKED THE MOTOR HOME?
A.: I DIDN’T.
Q.: HOW LONG DID YOU STAY IN THAT LOCATION AND SPEAK WITH MR. WESTERFIELD?
A.: IT WASN’T VERY LONG. WE WERE — I FELT GUILTY LEAVING MY WIFE WITH ALL THE KIDS AND GETTING EVERYTHING OUT, SO I MEAN WITHIN JUST A COUPLE OF MINUTES I ENDED UP GOING BACK IN. WE WERE GETTING READY TO GO SOMEWHERE.
Q.: DID YOU STAY AROUND AND TALK TO THE POLICE THAT DAY?
A.: NO.
Q.: NOW, YOU SAID THAT THERE’S A LOT OF KIDS IN THIS NEIGHBORHOOD, IS THAT RIGHT, A LOT OF CHILDREN?
A.: WELL, IT’S — YEAH.
Q.: DO YOU KNOW THE VAN DAMS?
A.: NO.
Q.: DO YOU KNOW WHERE THEY LIVE?
A.: I DO NOW. BUT I WOULDN’T HAVE BEEN ABLE TO POINT IT OUT BEFORE THIS WENT ON.
Q.: DID YOU EVER HAVE AN OCCASION TO, SAY, RESCUE A CHILD THAT LIVED, YOU KNOW, WHERE THE VAN DAMS’ HOUSE IS NOW?
A.: YES.
Q.: AND WHAT — CAN YOU DESCRIBE THE CIRCUMSTANCES OF THAT?
MR. DUSEK: OBJECTION. RELEVANCE AS TO VAGUE. WHEN?
THE COURT: SUSTAINED.
REPHRASE IT.
BY MR. BOYCE:
Q.: WHEN WAS THAT?
THE COURT: YOU MAY ANSWER THAT QUESTION.
THE WITNESS: IT WAS SEVERAL YEARS AGO. THE LITTLE BOY
WAS —
MR. DUSEK: OBJECTION. IRRELEVANT, THEN, YOUR HONOR. TWO YEARS.
THE COURT: SUSTAINED. SUSTAINED.
HE’S ANSWERED THE QUESTION. NEXT QUESTION.
BY MR. BOYCE:
Q.: WAS — HAVE YOU SEEN THE VAN DAM CHILDREN BEFORE FEBRUARY 1ST? DO YOU RECALL SEEING THE VAN DAM CHILDREN OUT IN THE NEIGHBORHOOD AT ALL?
A.: I WOULDN’T HAVE BEEN ABLE TO IDENTIFY THE CHILDREN FROM ONE HOUSE TO THE OTHER.
(DISCUSSION OFF THE RECORD AMONG THE DEFENSE.)
MR. BOYCE: I HAVE NOTHING FURTHER, YOUR HONOR.
THE COURT: ALL RIGHT.
CROSS-EXAMINATION.
MR. DUSEK: THANK YOU.
/ / /
/ / /
/ / /
CROSS-EXAMINATION
BY MR. DUSEK:
Q.: MR. ROEHR, THE DATE THAT WE WERE TALKING ABOUT WAS FEBRUARY 2ND I THINK YOU WERE COMING BACK FROM CORONADO. IS THAT RIGHT?
A.: CORRECT.
Q.: AND YOU WERE WITH YOUR WIFE AND KIDS OR JUST YOUR WIFE?
A.: THE WHOLE FAMILY.
Q.: YOU GOT HOME ABOUT 10:30 OR SO.
A.: A LITTLE BIT BEFORE THAT.
Q.: WERE YOU KEEPING TRACK OF TIME?
A.: YEAH.
Q.: SO YOU REMEMBER LOOKING?
A.: YEAH.
Q.: DID YOU SEE MR. WESTERFIELD AT THAT TIME?
A.: NO.
Q.: DID YOU SEE HIS MOTOR HOME AT THAT TIME?
A.: NO.
Q.: AND FROM THAT TIME PERIOD HOW LONG HAD IT BEEN SINCE YOU HAD MOST RECENTLY SEEN HIS MOTOR HOME?
A.: REAL TOUGH TO SAY, BUT I WOULD SAY A COUPLE MONTHS.
Q.: BACK CHRISTMAS OR BEFORE?
A.: AROUND THAT TIME, YEAH. AROUND THE HOLIDAYS.
Q.: AND YOU KNOW WHAT HIS MOTOR HOME LOOKS LIKE.
A.: YES.
Q.: AND YOU ARE FAMILIAR WITH IT WHEN IT’S IN THE NEIGHBORHOOD.
A.: CORRECT.
Q.: AND IT HADN’T BEEN THERE FOR AT LEAST A MONTH OR MAYBE TWO.
A.: AS FAR AS I CAN RECALL.
Q.: AND WERE YOU LIVING AT HOME THE ENTIRE TIME YOU WERE
— FOR THAT PERIOD OF TIME OR WERE YOU AWAY FROM WORK TRAVELING?
A.: WORK CAUSES ME TO TRAVEL A BIT.
Q.: FROM, SAY, CHRISTMAS OF LAST YEAR THROUGH THE DISAPPEARANCE OF DANIELLE, WERE YOU SPENDING THE NIGHTS AWAY ON WORK DURING THAT PERIOD OF TIME?
A.: THERE WOULD BE OCCASIONS THAT I WOULD BE AWAY, YES.
Q.: BUT DURING THAT PERIOD OF TIME YOU DID NOT SEE HIS MOTOR HOME IN THE NEIGHBORHOOD, IS THAT CORRECT?
A.: NOT THAT I CAN RECALL, NO.
Q.: AND WHEN HE WOULD PARK HIS MOTOR HOME, YOU TOLD US IT WAS OVER ON YOUR SIDE OF THE STREET, IS THAT CORRECT?
A.: MOST OF THE TIME IT WAS ON OUR SIDE OF THE STREET. OF COURSE, MAYBE THAT’S JUST WHAT I REMEMBER.
Q.: THAT’S ALL WE CAN GO ON.
ARE YOU ANY GOOD AT LOOKING AT AERIAL PHOTOGRAPHS? I WOULD LIKE TO SHOW YOU WHAT WE HAVE HAD MARKED AS COURT’S EXHIBIT 1, WHAT WE HAVE DESCRIBED AS AERIAL PHOTOGRAPHS FROM YOUR NEIGHBORHOOD.
A.: OKAY.
Q.: AND I’M NOT SURE WE HAVE YOUR HOUSE THERE, BUT I WOULD ASK YOU TO LOOK AT ALL OF THE PHOTOGRAPHS AND SEE IF YOU CAN FIND ONE THAT MAY HAVE YOUR HOUSE DEPICTED. AND THERE ARE LETTERS ABOVE EACH OF THE PHOTOGRAPHS IF YOU CAN FIND YOURS.
A.: WELL, DOWN HERE IS THE ROOF OF MY HOUSE.
Q.: THAT’S REFERRING TO PHOTOGRAPH C. AND THE ROOF OF THE HOUSE APPEARS TO BE IN THE VERY LOWER RIGHT-HAND CORNER OF THE PHOTOGRAPH.
A.: CORRECT.
Q.: ALL RIGHT. LET’S USE THAT ONE.
WHEN THE MOTOR HOME WAS PARKED ON YOUR SIDE, IT WOULD BE RIGHT ADJACENT TO YOUR HOUSE ON MOUNTAIN PASS, IS THAT CORRECT?
A.: CORRECT.
Q.: LEGALLY PARKED OR ILLEGALLY PARKED?
A.: LEGALLY PARKED.
Q.: SO THE DRIVER’S SEAT WOULD BE OUT IN THE STREET, AND THE PASSENGER DOOR WOULD BE OVER CLOSEST TO YOUR SIDE OF THE STREET.
A.: YES.
Q.: HOW FAR AWAY IS THAT FROM THE VAN DAM HOME?
A.: WELL, HERE’S OUR HOUSE. HERE’S WHERE THE MOTOR HOME WOULD BE. THE VAN DAMS’ HOUSE IS ONE HOUSE NEXT TO THIS ONE. SO HERE IS THE HOUSE. SO MY HOUSE WOULD BE IF YOU WERE LOOKING AT THIS PICTURE IN B HERE, IT’S DIRECTLY ACROSS OVER HERE. SO NOT VERY FAR.
Q.: SO IT WOULD BE ABOUT THREE HOUSES AWAY, BUT TO GET FROM THEIR HOUSE TO YOUR HOUSE SOMEONE WOULD HAVE TO CROSS TWO STREETS.
A.: THAT’S CORRECT.
Q.: AND WHEN THE MOTOR HOME WAS PARKED THERE BY YOUR RESIDENCE, THE DOOR WAS CLOSED.
A.: YES.
Q.: DID YOU EVER TRY TO OPEN THAT DOOR?
A.: NO.
Q.: SO YOU DON’T KNOW HOW HARD IT IS TO OPEN.
A.: NO.
Q.: SO YOU DON’T KNOW HOW HIGH IT IS UP OFF THE GROUND.
A.: IT’S STANDARD SIZE. STANDARD SIZE FOR A MOTOR HOME.
Q.: WHAT’S STANDARD SIZE?
A.: WELL, STANDARD SIZE FOR THAT CLASS A I BELIEVE IS THE TYPE OF VEHICLE THAT IS.
Q.: WHICH WOULD BE ABOUT HOW FAR OFF THE GROUND, IF YOU CAN ESTIMATE?
A.: I DON’T KNOW. THEY HAVE THOSE STEPS THAT COME DOWN, RIGHT.
Q.: THE DOOR IS ABOUT SIXTY-TWO INCHES OFF THE GROUND, ISN’T IT?
A.: SIXTY-TWO INCHES. TO THE HANDLE OR —
Q.: TO THE MIDDLE PART OF THE HANDLE, FROM THE CEMENT ON THE GROUND, THE MID PART OF THE HANDLE IS ABOUT SIXTY-TWO INCHES.
A.: I HAVE NO IDEA.
MR. BOYCE: OBJECTION. SPECULATION.
THE COURT: OVERRULED.
HE SAYS HE HAS NO IDEA.
NEXT QUESTION.
BY MR. DUSEK:
Q.: DID YOU EVER SEE — WELL, THE LAST TIME IT WAS IN THE NEIGHBORHOOD, BACK AROUND THE HOLIDAYS, DID YOU SEE ANY KIDS AROUND THE INSIDE OF THE MOTOR HOME AT THAT TIME?
A.: NO.
Q.: DID YOU EVER SEE ANY KIDS INSIDE THE MOTOR HOME, LITTLE KIDS, ELEMENTARY SCHOOL KIDS?
A.: NO.
Q.: DID YOU CHECK THE DOOR ON A DAILY BASIS TO SEE IF IT WAS LOCKED OR UNLOCKED?
A.: NO.
Q.: DO YOU KNOW IF THERE WAS AN ALARM ON THAT MOTOR HOME?
A.: NO.
Q.: WHEN YOU SAY THE MOTOR HOME WOULD BE THERE FOR EITHER A PERIOD OF DAYS OR A DAY, IS THAT YOUR ESTIMATION?
A.: YES.
Q.: DID IT APPEAR THAT WHEN THE MOTOR HOME WOULD BE BROUGHT TO THE NEIGHBORHOOD IT WOULD BE IN PREPARATION FOR A TRIP?
A.: TYPICALLY, YES.
Q.: WHY DO YOU SAY THAT?
A.: BECAUSE I KNOW THAT HE’S — KIND OF THAT’S THE WAY HE DOES THINGS IS HE COMES IN AND HE CLEANS THE MOTOR HOME, CLEANS THE WINDOWS, GETS IT READY BECAUSE IT’S STORED SOME PLACE WHERE IT GETS DIRTY. GETS IT PREPARED.
Q.: SO YOU KNOW THE MOTOR HOME GETS DIRTY WHERE IT’S STORED?
A.: WELL, I MEAN I KNOW THAT HE TYPICALLY CLEANS IT. SO I ASSUME IT’S BEEN DIRTY. I HAVEN’T EXAMINED IT, NO.
Q.: THERE APPEARED TO BE A — ALMOST A RITUAL OF GETTING READY TO GO ON A TRIP WITH MR. WESTERFIELD, BRING IT EARLY AND GOING THROUGH THE CLEANING PROCESS.
A.: WHEN HE’S PLANNING FOR A TRIP.
Q.: AND WHEN HE WOULD BRING THINGS TO THE MOTOR HOME, HE WOULD HAVE TO OPEN THE DOOR TO GET THE STUFF INSIDE.
A.: OPEN THE DOOR TO THE MOTOR HOME?
Q.: YES.
A.: TO GET THINGS INSIDE THE MOTOR HOME?
Q.: YES.
A.: YES. HE WOULD HAVE TO OPEN THE DOOR.
Q.: YOU HAVE TO ANSWER WITH WORDS BECAUSE THE REPORTER CAN’T GET HEAD NODS.
A.: OKAY.
Q.: AND DID IT APPEAR THAT WHEN HE WOULD GO ON THESE TRIPS HE WOULD HAVE SOMEBODY THAT HE WOULD GO WITH, HIS GIRLFRIEND, HIS SON, OR OTHER PEOPLE?
A.: MANY TIMES HE WOULD HAVE SOMEONE GO WITH HIM, YES.
Q.: AND THAT WAS THE TYPICAL MEANS IN WHICH HE WOULD GO ON A TRIP, WOULDN’T IT, WITH FRIENDS?
A.: FROM WHAT I AM AWARE OF, YES.
Q.: DID YOU EVER SEE HIM TAKE AN HOUR TO GET READY TO GO ON A TRIP?
A.: I CAN’T ANSWER THAT BECAUSE I JUST DON’T PAY THAT MUCH ATTENTION.

Q.: THE LEAST AMOUNT OF TIME YOU SAW THE MOTOR HOME PARKED THERE WOULD BE AT LEAST A DAY?
A.: WITHIN THE SAME DAY. I’VE SEEN IT PULL UP AND WITHIN THE SAME DAY HE WOULD TAKE OFF WITH IT. I DON’T KNOW WHERE HE WOULD GO.
Q.: AND WHEN WE’RE TALKING ABOUT THE SAME DAY, WE’RE TALKING SHOW UP IN THE MORNING AND LEAVE SOME TIME IN THE AFTERNOON.
MR. BOYCE: OBJECTION. MISSTATES THE EVIDENCE, YOUR HONOR.
THE COURT: OVERRULED.
YOU CAN ANSWER.
THE WITNESS: I DON’T KNOW.
BY MR. DUSEK:
Q.: YOU WEREN’T THERE PAYING ATTENTION ALL THE TIME, WERE YOU?
A.: YEAH. YOU KNOW, I SEE THE MOTOR HOME THERE, THEN I SEE IT LEAVE, AND IT’S WITHIN THE SAME DAY, AND THAT’S ABOUT AS GOOD AS I GET.
Q.: ON YOUR SIDE OF THE STREET IS IT FAIRLY FLAT?
A.: YES.
Q.: OVER ON THE SIDE BY HIS HOUSE I BELIEVE THAT’S BRIARLEAF, ADJACENT TO HIS HOUSE, —
A.: RIGHT HERE?
Q.: YES. ON PHOTOGRAPH B.
— ADJACENT TO HIS HOUSE IS THAT AN INCLINE?
A.: THERE’S A SLIGHT INCLINE.
Q.: DO YOU HAVE A MOTOR HOME?
A.: NO, I DO NOT.
Q.: DID YOU KEEP A MOTOR HOME AT YOUR PLACE?
A.: YES, I DID.
Q.: WHOSE WAS THAT?
A.: MY FOLKS’.
Q.: AND WAS THERE A REASON FOR KEEPING THE MOTOR HOME THERE?
A.: THERE WAS TWO DIFFERENT TIMES. THE FIRST TIME WE KEPT IT THERE WAS BECAUSE WE HAD FLOODING IN OUR KITCHEN, AND WE DIDN’T HAVE A KITCHEN SINK, SO WE WOULD USE THAT AS A TEMPORARY PLACE TO GO DO DISHES AND THINGS.
Q.: WHERE WOULD YOU PARK YOUR MOTOR HOME THEN?
A.: THE SAME PLACE.
MR. FELDMAN: OBJECTION. MISSTATES THE EVIDENCE. HIS MOTOR HOME.
THE COURT: ALL RIGHT.
REPHRASE IT, COUNSEL.
BY MR. DUSEK:
Q.: WHERE WOULD YOU PARK THAT MOTOR HOME THEN?
A.: MY FOLKS’ MOTOR HOME, WE PARKED — WELL, IT WAS IN FRONT OF OUR HOUSE. THERE WE GO. IN THE SAME AREA RIGHT HERE.
Q.: SAME PLACE THAT MR. WESTERFIELD PARKED HIS MOTOR HOME?
A.: YES.
THE ONLY DIFFERENCE TYPICALLY WOULD BE THAT I WOULD PARK — I PARKED MY FOLKS’ MOTOR HOME DURING THIS PARTICULAR TIME MORE RIGHT IN FRONT OF — CLOSER TO THIS OTHER STREET HERE, TO BRIARLEAF. MORE IN FRONT OF WHERE MY DOOR IS.
Q.: THAT’S REALLY NOT A DETAIL I CARE ABOUT AT THIS POINT.
A.: OKAY.
Q.: DO YOU KNOW IF YOU HAVE TO KEEP THE MOTOR HOME PARKED LEVEL SO THE REFRIGERATOR WORKS?
A.: YES, YOU DO.
Q.: AND YOU COULD DO THAT BY PARKING IT ON YOUR SIDE OF THE STREET?
A.: WELL, THAT’S THE MOST OBVIOUS PLACE FOR ME TO PARK IT IS RIGHT THERE. TO DO DISHES.
Q.: AND TO PARK A MOTOR HOME OVER ON THE SIDE OF THE STREET NEXT TO MR. WESTERFIELD, THERE’S AN INCLINE OVER THERE, CORRECT?
A.: THAT’S CORRECT.
Q.: AND THAT WOULD AT LEAST POTENTIALLY HARM THE REFRIGERATOR UNIT IF YOU PARKED ON THAT INCLINE.
MR. BOYCE: OBJECTION. IF HE KNOWS.
THE COURT: ALL RIGHT.
THIS WILL BE FROM YOUR PERSONAL KNOWLEDGE. IF YOU KNOW PERSONALLY ABOUT MOTOR HOMES, YOU MAY ANSWER, SIR. OTHERWISE INDICATE.
THE WITNESS: I DON’T KNOW IF IT WOULD DAMAGE THE REFRIGERATION UNIT, NO.
BY MR. DUSEK:
Q.: DO YOU KNOW IF YOU HAVE TO PARK OR YOU SHOULD PARK A MOTOR HOME FLAT?
A.: TYPICALLY YOU SHOULD PARK A MOTOR HOME FLAT FOR THE REFRIGERATION AT LEAST IN THE MODEL AND YEARS OF MOTOR HOMES THAT I’M FAMILIAR WITH.
Q.: ALL RIGHT.
YOU MENTIONED THE MOTOR HOME WAS IN THE AREA A SECOND TIME, YOUR FAMILY’S MOTOR HOME. WHEN WAS THAT?
A.: SECOND TIME WAS WHEN ALL THE MEDIA WAS AROUND. THERE WAS SO MUCH MEDIA WE HAD A THREE-MONTH-OLD LITTLE GIRL AT THE TIME, AND THE MEDIA WOULD COME IN VERY, VERY EARLY IN THE MORNING AND LEAVE VERY, VERY LATE, SO WE PARKED MY FOLKS’ MOTOR HOME THERE TO PREVENT FROM PARKING RIGHT UNDERNEATH OUR BEDROOM WINDOW SO THAT MY WIFE COULD SLEEP AND THE BABY COULD SLEEP.
Q.: ABOUT WHAT PERIOD OF TIME, SIR?
A.: IT WAS AT LEAST A WEEK, A WEEK TO TWO WEEKS.
Q.: CAN YOU DESCRIBE THAT MOTOR HOME FOR US, SIZE, SHAPE, COLOR.
A.: IT’S A THIRTY-THREE-FOOT. DON’T REMEMBER THE MODEL. IT’S GOT MORE LIGHT BLUES AND THAT KIND OF A COLOR.
Q.: IS IT A SQUARISH-LOOKING MOTOR HOME SIMILAR TO MR. WESTERFIELD’S?
A.: IT’S THE SAME STYLE, AND IT’S A CLASS A MOTOR HOME.
Q.: DID YOU ALSO GET SOME FEEDBACK FROM NEIGHBORS ABOUT PARKING THE MOTOR HOME IN THE NEIGHBORHOOD?
A.: YES, I DID.
Q.: ON THE 2ND, WHEN YOU WERE COMING HOME FROM CORONADO AT ABOUT 10:30, DID YOU KNOW WHAT THE HUBBUB WAS ABOUT IN THE MORNING?
A.: NO.
Q.: DID YOU SEE ANY POLICE CARS OUT THERE AT THAT TIME?
A.: NO.
Q.: THEN YOU LEFT TO GO HOUSE SHOPPING THAT DAY, IS THAT RIGHT?
A.: THAT’S RIGHT.
Q.: WERE YOU IN THE CAR AS YOU WERE GOING BACK AND FORTH TO VARIOUS LOCATIONS THAT AFTERNOON?
A.: WERE WE IN THE CAR DRIVING AROUND? YES, WE WERE IN THE CAR.
Q.: DID YOU HAVE THE RADIO ON?
A.: PROBABLY. I DON’T KNOW ACTUALLY. WITH THE KIDS WE TYPICALLY HAVE SOME KIDS MUSIC GOING ON.
Q.: WHEN YOU CAME HOME AT ABOUT WHAT TIME?
A.: ABOUT 3:30. IT WAS AROUND THERE. 3:30, 3:45.
Q.: WERE YOU SURPRISED TO SEE THE ACTIVITY IN THE NEIGHBORHOOD AT THAT TIME?
A.: OH, SURE.
Q.: HAD YOU HEARD ANYTHING ON THE RADIO OR WHILE YOU WERE OUT ABOUT THINGS GOING ON IN YOUR NEIGHBORHOOD WHILE YOU WERE GONE?
A.: NO.
Q.: SO WHEN YOU CAME BACK, YOU WERE TOTALLY UNSUSPECTING ABOUT HOW BIG A DEAL IT WAS AT THAT TIME?
A.: OH, SURE. YEAH.
Q.: AND AS MR. WESTERFIELD CAME IN IN HIS MOTOR HOME, HE GAVE SOME SORT OF AN ACKNOWLEDGEMENT TO YOU, IS THAT RIGHT?
A.: RIGHT. AS HE CAME UP THE STREET, HE PULLED UP TO WHERE — IN FRONT OF OUR DRIVEWAY, STOPPED WHERE THE STOP SIGN IS, AND I WAS THERE, SO I SAW HIS MOTOR HOME, AND I LOOKED UP AT HIM. AND HE GAVE ME A SIGN LIKE WHAT’S GOING ON.
Q.: SO YOU WERE ABLE TO SEE HIM, IS THAT CORRECT?
A.: OH, YEAH.
Q.: AND HE WAS ABLE TO SEE YOU.
A.: CORRECT.
Q.: DID YOU ACTUALLY SEE WHERE HE PARKED HIS MOTOR HOME?
A.: NO.
Q.: DID YOU SPEAK WITH HIM SOME TIME AFTER YOU SPOTTED HIM IN THE MOTOR HOME?
A.: AFTER HE PARKED, HE WALKED BACK OVER TO THE CORNER WHERE I WAS, AND WE SPOKE.
Q.: DID HE SAY WHERE HE HAD BEEN?
A.: SAY WHERE HE HAD BEEN? I DON’T BELIEVE SO. I DIDN’T ASK.
Q.: DID HE SAY WHERE HE WAS GOING?
A.: WHEN WE WERE — WHEN WE WERE DONE TALKING, WHEN HE FIRST CAME OVER, WE STARTED TALKING ABOUT WHAT WAS GOING ON. THEN AS HE WAS — AS HE WAS LEAVING, AND I ASKED, BUT I CAN’T HONESTLY REMEMBER DID I SAY WHERE HAVE YOU BEEN OR WHERE ARE YOU GOING. IT WAS ONE OF THE TWO QUESTIONS.
Q.: WHAT DO YOU RECALL HIS RESPONSE TO BE?
A.: AND IT WAS EITHER THE DESERT OR DOWN AT THE STRAND.
Q.: DO YOU RECALL HIM SAYING HE WAS GOING TO THE STRAND AS HE LEFT YOU THAT DAY?
A.: IT WAS EITHER THE DESERT OR THE STRAND, AND I CAN’T REMEMBER WHICH.
Q.: SO YOU DO NOT KNOW WHERE HE WAS COMING FROM THAT DAY, CORRECT?
A.: NO.
Q.: HOW MUCH PREPARATION TIME DID YOU SEE HIM DO TO GET READY TO LEAVE ON THAT TRIP?
A.: I DIDN’T SEE ANY PREPARATION TIME.
Q.: HAD YOU BEEN OUT IN THE STREET EARLIER THAT MORNING?
A.: NO.
Q.: ABOUT 10:30 YOU HAD, HADN’T YOU?
A.: ON SATURDAY YOU MEAN?
Q.: I’M SORRY. SATURDAY.
A.: ON SATURDAY, LIKE I SAID, WE PULLED IN AROUND 10:20, 10:15, AND WE LEFT IN TIME TO GET TO MC DONALD’S BY 10:30. SO WE WERE THERE VERY LITTLE.
Q.: WERE YOU IN POSITION TO SEE HIS HOUSE?
A.: YES.
Q.: WERE YOU IN POSITION TO SEE IF HE HAD HIS MOTOR HOME THERE?
A.: DIDN’T SEE A MOTOR HOME.
Q.: HOW ABOUT THE NIGHT BEFORE, HAD YOU BEEN AT THE HOUSE?
A.: NO.
Q.: WHEN HAD YOU GONE TO CORONADO?
A.: IT WOULD HAVE BEEN SOMEWHERE BETWEEN 2:00 IN THE AFTERNOON AND 5:30 IN THE EVENING.
Q.: ON WHICH DAY
A.: ON THAT FRIDAY, THE 1ST.
Q.: DID YOU GO TO CORONADO FROM YOUR HOUSE OR FROM WORK OR SOMEWHERE ELSE?
A.: FROM MY HOUSE.
Q.: BETWEEN 2:00 AND 5:00 O’CLOCK ON FRIDAY DID YOU SEE HIS MOTOR HOME THERE BEING PREPARED FOR A TRIP?
A.: AT THE POINT WHEN I LEFT, NO, I DIDN’T SEE IT.
Q.: WHEN YOU WERE WITH MR. WESTERFIELD AFTER HE PARKED HIS MOTOR HOME, HE LEFT YOUR PRESENCE AND WENT SOMEWHERE, IS THAT RIGHT?
A.: TRYING TO RECALL IF I LEFT FIRST OR IF HE LEFT FIRST, BUT I THINK HE LEFT FIRST.
Q.: AND APPEARED TO GO IN THE GENERAL DIRECTION OF HIS HOUSE?
A.: RIGHT.
Q.: DID YOU SEE HIM AFTER THAT ON THAT OCCASION?
A.: I DON’T THINK I DID.
Q.: YOU THINK YOU WENT TO YOUR HOUSE AND WENT ABOUT YOUR BUSINESS, DON’T YOU?
A.: YEAH. WE WERE GETTING READY TO GO TO DINNER THAT NIGHT FOR MY WIFE’S BIRTHDAY. AND I WAS FEELING KIND OF GUILTY ABOUT, LIKE I SAID, ABOUT NOT HELPING OUT GETTING THE KIDS OUT OF THE CAR AND EVERYTHING. SO I THINK I WAS GOING BACK IN. BUT AT THE SAME TIME I DON’T RECALL. IT WAS KIND OF VERY UNUSUAL CIRCUMSTANCE. AND I MAY HAVE GONE BACK OUT TO CONTINUE FINDING OUT WHAT’S GOING ON.
Q.: BUT YOU DO NOT RECALL SPEAKING WITH MR. WESTERFIELD AFTER HE LEFT HIS PRESENCE, AFTER HE LEFT YOUR PRESENCE, IN THE DIRECTION OF HIS HOUSE.
A.: I DON’T RECALL, BUT THAT DOESN’T MEAN I DIDN’T.
Q.: YOU TALKED ABOUT ONE OF MR. WESTERFIELD’S GIRLFRIENDS. DID SHE APPEAR TO BE AN ASIAN, OF ASIAN DESCENT?
A.: SHE DOESN’T COME ACROSS TO ME AS ASIAN. SHE HAS DARK HAIR.
Q.: DARK-COLORED SKIN?
A.: DARKER SKIN.
Q.: NAMED SUSAN?
A.: SUSAN.
Q.: DO YOU KNOW WHEN HE BROKE UP WITH HER?
A.: NO.
Q.: DO YOU KNOW IF HE DID BREAK UP WITH HER?
A.: YES.
Q.: HOW DO YOU KNOW THAT?
A.: FROM CONVERSATION WITH DAVE.
Q.: HE TOLD YOU THAT WAS A TOUGH TIME FOR HIM?
A.: M-HM.
Q.: YOU HAVE TO ANSWER WITH WORDS.
A.: YES.
Q.: HOW MUCH BEFORE THIS INCIDENT IN THE STREET WAS IT THAT HE TOLD YOU THAT BREAKING UP WITH HER WAS TOUGH?
A.: AGAIN I DON’T KNOW WHEN THE BREAKUP TOOK PLACE OR WHEN WE EVEN TALKED ABOUT IT. WE TALKED OFTEN, AND, YOU KNOW, I DON’T KNOW IF I WOULD NECESSARILY DESCRIBE HIM AS SAYING THAT IT WAS TOUGH OTHER THAN BREAKING UP IS NEVER AN EASY THING.
Q.: IS THAT YOUR GENERAL IMPRESSION OF BREAKING UP OR WHAT HE CONVEYED TO YOU?
A.: WHAT HE CONVEYED TO ME.
Q.: YOU’VE BEEN TO HIS HOUSE, INSIDE HIS HOUSE.
A.: YES.
Q.: IT APPEARS TO BE VERY NEAT AND ORDERLY.
A.: YES.
Q.: EVERYTHING SEEMS TO BE IN ITS PLACE.
A.: HE’S A VERY TIDY GUY.
Q.: THINGS DON’T SEEM TO BE OUT OF PLACE OR MISPLACED AT ANY TIME THAT YOU’VE BEEN THERE?
A.: NO. IT TYPICALLY LOOKS VERY CLEAN.
(DISCUSSION OFF THE RECORD BETWEEN MR. DUSEK
AND MR. CLARKE.)
BY MR. DUSEK:
Q.: DO YOU KNOW IF HE HAD A LITTLE BLACK DOG AT SOME TIME?
A.: YES.
Q.: AND IT WAS BLACK?
A.: IT WAS DARK BLACK, YEAH. I THINK IT WAS BLACK.
Q.: CURLY-HAIRED DOG?
A.: CURLY HAIR. LITTLE DOG. SMALL DOG.
Q.: NOT A STRAIGHT-HAIRED DOG.
A.: NOT A WHAT?
Q.: NOT A STRAIGHT-HAIRED DOG.
A.: NO.
Q.: HOW LONG WAS THE HAIR?
A.: I DON’T KNOW. SHORT HAIR. IT WAS A SHORT-HAIR DOG.
Q.: INDICATE AN INCH OR SO?
A.: INCH, INCH AND A HALF, TWO. I DON’T KNOW. IT WAS A LITTLE MUTT DOG.
Q.: DO YOU KNOW WHEN HE GOT RID OF IT?
A.: NO, I DON’T.
MR. DUSEK: THANK YOU, SIR.
THE COURT: ALL RIGHT.
ANYTHING FURTHER, MR. BOYCE?
MR. BOYCE: JUST A FEW QUESTIONS.

REDIRECT EXAMINATION
BY MR. BOYCE:
Q.: MR. ROEHR, YOU’VE TOLD US THAT YOU WEREN’T IN THE NEIGHBORHOOD FROM FRIDAY SOME TIME UNTIL SATURDAY SOME TIME. CAN YOU CLARIFY EXACTLY WHAT TIME DID YOU LEAVE FRIDAY UNTIL YOU RETURNED SATURDAY, FEBRUARY 1ST?
A.: AGAIN I LEFT AFTER I WAS COMPLETE — COMPLETED MY WORK ON FRIDAY. AND THAT COULD HAVE BEEN ANYWHERE BETWEEN, LIKE I SAID, ANYWHERE BETWEEN 2:00 AND 5:30. AND THEN WE DIDN’T GET BACK UNTIL THAT 10:15, 10:20 TIME FRAME.
Q.: IN THE MORNING?
A.: IN THE MORNING.
Q.: SATURDAY MORNING?
A.: THE SATURDAY MORNING.
Q.: IF I CAN, REFERRING TO EXHIBIT 1, I DON’T KNOW IF YOU INDICATED FOR THE JURY, BUT IF YOU COULD DO THAT ON — DO YOU SEE YOUR HOUSE ON ANY OF THESE PHOTOS?
A.: YEAH. THE ONLY THING I CAN SEE IS THE ROOF HERE ON C AND, I DON’T KNOW, I THINK — I THINK THAT’S OUR HOUSE RIGHT IN HERE.
Q.: POINTING TO EXHIBIT A.
A.: YEAH. EXHIBIT A RIGHT THERE, DIRECTLY ACROSS FROM
THE . . .
Q.: BUT IN EXHIBIT C IT’S LOCATED WHERE THERE’S THE INITIALS —
A.: N. W.
Q.: — N. W.
A.: CORRECT.
Q.: THAT’S BELOW WHERE THE PHOTOGRAPH — WHERE THE PHOTOGRAPH ENDS, IT’S BELOW THAT, IS THAT CORRECT?
A.: CORRECT.
Q.: AND THAT’S PHOTOGRAPH C ON EXHIBIT 1.
A.: RIGHT.
Q.: AND THAT’S RIGHT ACROSS THE STREET FROM DAVID WESTERFIELD’S HOUSE, IS THAT CORRECT
A.: THAT’S CORRECT.
Q.: AND WHERE IS HIS HOUSE?
A.: (THE WITNESS POINTED.)
Q.: AND YOU ARE POINTING TO THE —
A.: EXHIBIT C.
Q.: — THE HOUSE ON THE CORNER ON EXHIBIT C WITH M. H. WRITTEN ON BOTH SIDES OF THE HOUSE.
A.: CORRECT.
Q.: YOU DESCRIBED HOW THE MEDIA SORT OF DESCENDED ON THIS AREA SOME TIME THAT WEEKEND. IS THAT RIGHT?
A.: CORRECT.
Q.: AND THAT — THE SITUATION WHERE THERE WAS A LOT OF MEDIA IN THE AREA, THAT DIDN’T CHANGE UNTIL WHEN?
A.: WOW. IT WAS SEVERAL WEEKS. THREE OR FOUR WEEKS.
Q.: DO YOU RECALL WHEN DAVID WESTERFIELD WAS ARRESTED?
A.: I REMEMBER SEEING IT, BUT I COULDN’T TELL YOU WHEN IT HAPPENED.
Q.: DID THE MEDIA COVERAGE CONTINUE AT LEAST UNTIL THEN?
A.: OH, PAST THEN.
Q.: AND THIS WAS AS YOU HAVE DESCRIBED IT WITH THE TRUCKS AND THE SATELLITE DISHES AND EVERYTHING PARKED IN YOUR NEIGHBORHOOD, IS THAT RIGHT?
A.: TWENTY-FIVE OR MORE.
Q.: YOU SAID THE NEIGHBORS COMPLAINED ABOUT THE MOTOR HOME THAT — YOUR PARENTS OR YOUR IN-LAWS?
A.: MY PARENTS’ —
Q.: YOUR PARENTS?
A.: — MOTOR HOME.
Q.: DID THEY — DID YOU HEAR THE NEIGHBORS ALSO COMPLAIN ABOUT DAVID WESTERFIELD’S MOTOR HOME?
A.: NO. WELL, AS FAR AS — HOW DID I KNOW THAT THEY COMPLAINED ABOUT MY PARENTS’ BECAUSE THE POLICE SHOWED UP AT OUR FRONT DOOR. SO THAT’S HOW I KNOW THERE WERE SOME COMPLAINTS. HOW DID I KNOW ABOUT DAVE. DAVE COMMUNICATED TO ME THAT HE HAD THE SAME KIND OF COMMUNICATION TO HIM.
MR. BOYCE: THANK YOU.
I HAVE NOTHING FURTHER.
THE COURT: ANYTHING FURTHER?
MR. DUSEK: NO.
THE COURT: IS THIS WITNESS TO BE EXCUSED, COUNSEL?
MR. DUSEK: YES.
MR. BOYCE: YES, YOUR HONOR.
THE COURT: ALL RIGHT.

MR. ROEHR, YOUR TIME WITH US IS DONE. PLEASE REMEMBER YOU’RE UNDER AN ADMONITION NOT TO DISCUSS YOUR TESTIMONY UNTIL THE MATTER IS CONCLUDED.
OKAY. HAVE A GOOD DAY. THANK YOU.
(THE WITNESS WAS EXCUSED.)
THE COURT: ALL RIGHT. MR. BOYCE.
MR. BOYCE: DEFENSE CALLS JANET ROEHR.
MR. FELDMAN: YOUR HONOR, COULD WE SIDEBAR FOR A MOMENT, PLEASE?
THE COURT: SURE.
BOB.
(SIDEBAR DISCUSSION, OUT OF THE HEARING OF THE JURY,
AS FOLLOWS:

(PROCEEDINGS NOT PART OF THE PUBLIC RECORD.

(END OF SIDEBAR DISCUSSION.)

JANET ROEHR,
CALLED AS A WITNESS BY THE DEFENDANT, HAVING BEEN DULY SWORN, TESTIFIED AS FOLLOWS:
THE CLERK: MA’AM, PLEASE STATE YOUR NAME AND SPELL IT FOR THE RECORD.
THE WITNESS: JANET ROEHR. R-O-E-H-R.

DIRECT EXAMINATION
BY MR. BOYCE:
Q.: GOOD AFTERNOON, MRS. ROEHR.
A.: GOOD AFTERNOON.
Q.: WAS THAT YOUR HUSBAND THAT JUST LEFT?
A.: YES, IT WAS.
Q.: AND WHERE DO YOU LIVE?
A.: ON BRIARLEAF, ACROSS THE STREET FROM DAVE.
Q.: FROM DAVID WESTERFIELD?
A.: YES.
Q.: DO YOU SEE HIM IN COURT?
A.: YES, I DO.
Q.: THIS GENTLEMAN I’M POINTING TO RIGHT HERE?
A.: YES, IT IS.
Q.: AND HOW LONG HAVE YOU KNOWN MR. WESTERFIELD?
A.: APPROXIMATELY FOUR AND A HALF YEARS.
Q.: AND HOW DID YOU MEET HIM?
A.: WHEN WE MOVED INTO THE NEIGHBORHOOD, HE WAS VERY HELPFUL AND FRIENDLY TO US AND CAME ACROSS THE STREET AND INTRODUCED HIMSELF AND MADE HIMSELF AVAILABLE TO ANYTHING WE NEEDED.
Q.: DID YOU GO TO HIS HOUSE ON OCCASION?
A.: YES, I DID.
Q.: DID HE COME OVER TO YOUR HOUSE?
A.: YES, HE DID.
Q.: DID YOU MEET HIS GIRLFRIEND?
A.: YES, I HAVE.
Q.: AND WHAT IS HER NAME?
A.: SUSAN.
Q.: WERE YOU ALSO AWARE HE HAD A MOTOR HOME?
(JUROR NUMBER 13 RAISED HER HAND.)
THE COURT: GET CLOSER TO THE MICROPHONE WAS THE CUE.
THE WITNESS: I’M SORRY. GOT YOU.
THE COURT: I CAN’T TELL IF YOU DON’T GIVE ME A ONE OR A TWO OR WHAT’S GOING ON.
THANK YOU. OKAY.
BY MR. BOYCE:
Q.: MISS ROEHR, DO YOU KNOW IF DAVID WESTERFIELD HAD A MOTOR HOME?
A.: YES, HE DID.
Q.: DID YOU SEE IT PARKED IN THE NEIGHBORHOOD WITHIN THE LAST YEAR?
A.: YES.
Q.: HOW FREQUENTLY WOULD YOU SEE IT PARKED IN THE NEIGHBORHOOD?
A.: SIX TO TWELVE TIMES A YEAR. OR MORE.
Q.: HOW LONG WOULD IT — HOW LONG WOULD YOU OBSERVE THAT IT WAS PARKED THERE BEFORE IT WOULD LEAVE?
A.: VARYING TIMES. ANYWHERE FROM A DAY TO A WEEK.
Q.: DO YOU RECALL FEBRUARY 2ND THIS YEAR?
A.: YES, I DO.
Q.: WAS THERE A LOT OF ACTIVITY IN YOUR NEIGHBORHOOD ON THAT DAY?
A.: YES, THERE WAS.
Q.: AND THAT WAS WHEN A LITTLE GIRL DANIELLE VAN DAM WAS MISSING?
A.: YES, SIR.
Q.: YOU HAVE TO SPEAK UP A LITTLE BIT.
A.: OKAY.
Q.: DID YOU SEE MR. WESTERFIELD THAT DAY?
A.: YES, I DID.
Q.: ABOUT WHAT TIME WAS THAT?
A.: APPROXIMATELY 3:30, 3:45 IN THE AFTERNOON.
Q.: WHERE WAS MR. WESTERFIELD WHEN YOU SAW HIM?
A.: HE DROVE UP IN HIS MOTOR HOME IN FRONT OF OUR HOUSE AND TURNED THE CORNER DOWN MOUNTAIN PASS IN FRONT OF HIS HOUSE AND TRIED TO FIND A PLACE TO PARK.
Q.: DID YOU SEE HIM OUT OF HIS MOTOR HOME LATER THAT DAY?
A.: YES. HE GOT OUT OF HIS MOTOR HOME. I DIDN’T SEE HIM GET OUT, BUT HE CAME DOWN AFTER IT SEEMED LIKE HE PARKED HIS MOTOR HOME AND CAME DOWN, AND THERE WAS A GROUP OF PEOPLE STANDING IN THE CORNER OF OUR HOUSE. AND HE CAME OVER AND MET WITH MY HUSBAND AND THE GROUP OF OTHER NEIGHBORS THAT WERE STANDING AROUND TRYING TO DECIDE WHAT WAS GOING ON.
Q.: HOW LONG DID YOU STAY IN THIS LOCATION TALKING TO YOUR NEIGHBORS?
A.: I WAS OUT THERE APPROXIMATELY FIVE TO TEN MINUTES WHILE I WAS INTERACTING. WE HAD JUST PULLED IN THE DRIVEWAY. AND DAVE HAD PULLED UP WITHIN THREE MINUTES OF US GETTING IN THE DRIVEWAY. AND I WAS PULLING MY KIDS OUT OF THE CAR AND TAKING THEM IN THE HOUSE WHILE MY HUSBAND WENT OVER TO SEE WHAT WAS GOING ON.
Q.: DO YOU KNOW ABOUT WHAT TIME YOU LEFT THAT DAY?
A.: WE LEFT APPROXIMATELY 5:00, 5:30.
Q.: WAS MR. WESTERFIELD STILL THERE WHEN YOU LEFT, DO YOU KNOW?
A.: I DON’T BELIEVE HE WAS. I DIDN’T SEE HIS MOTOR HOME PARKED THERE ANY LONGER.
Q.: DO YOU KNOW WHERE HE FOUND A PLACE TO PARK THAT DAY?
A.: DOWN MOUNTAIN PASS. I COULD BARELY SEE IT FROM MY WINDOWS IN THE HOUSE, BUT DOWN MOUNTAIN PASS TOWARDS THE PARK AREA.
Q.: IS THERE A LOT OF CHILDREN IN YOUR NEIGHBORHOOD?
A.: YES, THERE IS.
Q.: DO YOU KNOW WHERE THE VAN DAMS LIVE?
A.: YES, I DO.
Q.: NOW, NOT THE INCIDENT WITH YOUR HUSBAND, BUT HAVE YOU SEEN THE VAN DAM CHILDREN OUT IN THE STREET RECENTLY?
A.: YES, I DID.
Q.: AND UNDER WHAT CIRCUMSTANCES?
A.: THE YOUNGEST ONE WAS OUT PLAYING WITH HIS BALL IN THE FRONT OF THEIR HOUSE. AND THE BALL WENT ACROSS THE STREET. AND HE VERY RELUCTANT TO CROSS, TO GO ACROSS AND GOT HIS BALL. AND I STOPPED THE TRAFFIC SO HE COULD GO BACK ACROSS THE STREET.
Q.: DID YOU SEE THE PARENTS ANYWHERE?
A.: NO, I DIDN’T.
Q.: THE TIMES THAT MR. WESTERFIELD WOULD PARK HIS MOTOR HOME BESIDE HIS HOUSE, WOULD YOU SEE HIM GOING IN AND OUT OF THE MOTOR HOME?
A.: YES.
Q.: DID YOU EVER SEE HIS HOSE ALONGSIDE HIS HOUSE?
A.: YES.
Q.: WAS IT ROLLED UP OR WAS IT LEFT OUT?
A.: IT WAS USUALLY ROLLED UP, BUT THERE WERE TIMES THAT IT WAS LEFT OUT.
Q.: WHEN IT WAS LEFT OUT, DID YOU SEE MR. WESTERFIELD AROUND?
A.: NOT NECESSARILY, NO.
MR. BOYCE: THANK YOU, MISS ROEHR.
THE COURT: CROSS-EXAMINATION.
MR. DUSEK: THANK YOU, YOUR HONOR.

CROSS-EXAMINATION
BY MR. DUSEK:
Q.: THIS CHILD THAT RAN OUT IN THE STREET, DO YOU KNOW IF IT WAS A VAN DAM CHILD OR JUST ANOTHER NEIGHBORHOOD CHILD?
A.: I BELIEVE IT WAS THE YOUNGEST BOY.
Q.: AND HOW OLD WAS HE?
A.: APPROXIMATELY FIVE OR SIX.
Q.: HOW LONG AGO?
A.: TWO WEEKS.
Q.: TWO WEEKS AGO FROM NOW?
A.: YES.
Q.: ALL RIGHT.
AND THE CHILD YOU SAY LOOKED RELUCTANT TO RUN OUT IN THE STREET.
A.: YES, HE DID.
Q.: LIKE IT KNEW HE WASN’T SUPPOSED TO BE OUT THERE?

MR. FELDMAN: SPECULATION. OBJECTION. FOUNDATION.
THE COURT: OVERRULED.
YOU CAN ANSWER.
THE WITNESS: LIKE HE WAS CONCERNED ABOUT CROSSING THE STREET OR BECAUSE HE WASN’T SUPPOSED TO OR BECAUSE IT WAS A BUSY STREET. I DON’T KNOW WHAT HE WAS THINKING.
MR. DUSEK: ALL RIGHT.
BY MR. DUSEK:
Q.: AND THEN HE HUSTLED BACK ACROSS THE STREET AFTER YOU GOT — MADE SURE IT WAS SAFE?
A.: HE WAS RELUCTANT TO GO BACK ACROSS THE STREET. HE KIND OF STOOD THERE FOR A FEW MINUTES. LONG ENOUGH FOR ME TO GO FROM UPSTAIRS DOWNSTAIRS, OUT THE DOOR TO THE STREET, AND SAY OKAY, YOU CAN GO ACROSS NOW.
Q.: KIND OF STOOD THERE PETRIFIED WHERE DO I GO NOW?
A.: YEAH. LIKE IT WAS A BUSY STREET. NOT EASY FOR A YOUNG CHILD TO BE SURE THERE’S NOT ANOTHER CAR COMING.
Q.: ALL RIGHT.
ON THE 2ND OF FEBRUARY I THINK YOU TOLD US THAT YOU SAW THE DEFENDANT PULLING INTO THE NEIGHBORHOOD. IS THAT CORRECT?
A.: YES.
Q.: HAD YOU BEEN HOME THE DAY BEFORE, FRIDAY, THE 1ST?
A.: NO. I WAS NOT THERE THE DAY BEFORE.
Q.: DO YOU KNOW IF YOUR HUSBAND WAS AT HOME FRIDAY, THE 1ST?
A.: YES. MY HUSBAND WAS AT HOME.
Q.: WHY WEREN’T YOU HOME THAT DAY, MA’AM?
A.: I HAD TAKEN MY KIDS DOWN TO OUR TIME SHARE IN CORONADO FOR THREE DAYS.
Q.: WHEN DID YOU GO DOWN THERE?
A.: TO CORONADO?
Q.: YES.
A.: ON WEDNESDAY.
Q.: DID YOU SEE THE DEFENDANT’S MOTOR HOME THERE —
A.: WE WEREN’T —
Q.: — IN THE NEIGHBORHOOD?
A.: OH, IN THE NEIGHBORHOOD? NO, I DID NOT. I HAD BEEN GONE. I HAD BEEN OUT OF TOWN SINCE MONDAY. SO, NO, I DID NOT SEE IT BEFORE THAT.
Q.: AND PRIOR TO THIS, THESE EVENTS IN FEBRUARY, THE FIRST PART OF FEBRUARY, WHEN WAS THE LAST TIME YOU REMEMBER SEEING THE DEFENDANT’S MOTOR HOME IN THE NEIGHBORHOOD?
A.: I BELIEVE IT WAS AROUND THANKSGIVING, BUT I’M NOT SURE.
Q.: THANKSGIVING OF THE YEAR 2001?
A.: THAT’S CORRECT.
Q.: IT HAD BEEN TWO OR THREE MONTHS SINCE HE HAD HAD IT THERE, TO THE BEST OF YOUR RECOLLECTION?
A.: TO THE BEST OF MY RECOLLECTION.

Q.: YOU CERTAINLY DIDN’T KEEP TRACK OF IT ON A CALENDAR, DID YOU?
A.: NO.
Q.: AND HE WOULD PARK THE MOTOR HOME PRIMARILY OVER ON YOUR SIDE OF THE STREET, IS THAT RIGHT?
A.: THAT’S RIGHT.
Q.: SO THAT THE DRIVER’S SIDE WOULD BE AGAINST THE CURB OR OUT IN THE STREET SIDE?
A.: AGAINST THE CURB. OR THE DRIVER’S SIDE, I’M SORRY, WOULD BE IN THE STREET.
Q.: SO IT WOULD BE LEGALLY PARKED.
A.: LEGALLY PARKED, YES.
Q.: AND HE WOULD KEEP THE DOOR CLOSED TO THE MOTOR HOME?
A.: MOST OF THE TIME, YES.
Q.: UNLESS HE WAS RIGHT THERE ACTIVELY WORKING WITH THE MOTOR HOME.
A.: YEAH. UNLOADING IT, LOADING IT.
Q.: SO HE WOULD BE IN CONSTANT VIEW OF THAT MOTOR HOME IF THE DOOR WAS EVER OPEN.
MR. BOYCE: OBJECTION. LACK OF FOUNDATION.
THE COURT: SUSTAINED.
BY MR. DUSEK:
Q.: DO YOU SPECIFICALLY RECALL SEEING THE MOTOR HOME DOOR OPEN AT ANY TIME?
A.: YES, I DO.
Q.: AND THAT WAS WHEN HE WAS LOADING AND UNLOADING THE MOTOR HOME?
A.: YES, IT WAS.
Q.: ALL RIGHT.
DID HE TEND TO BE WITH ANOTHER FAMILY MEMBER WHEN HE WOULD USE THE MOTOR HOME, WHEN HE WAS LOADING IT AND UNLOADING IT, I’M SORRY?
A.: NOT NECESSARILY, NO.
Q.: TYPICALLY WOULD YOU SEE OTHER FAMILY MEMBERS WITH HIM?
MR. FELDMAN: VAGUE AS TO TIME.
THE COURT: SUSTAINED.
REPHRASE AND I WILL ALLOW IT.
BY MR. DUSEK:
Q.: WHEN WAS THE LAST TIME YOU SAW HIM LOADING THE MOTOR HOME? BALLPARK.
A.: I REALLY DON’T REMEMBER. I DON’T KNOW THAT I SAW HIM LOADING IT DURING THAT THANKSGIVING WEEKEND THAT I REMEMBER. I REALLY CAN’T SAY.
Q.: IT’S BEEN A LONG TIME, HASN’T IT?
A.: IT’S BEEN A WHILE.
Q.: DID YOU EVER SEE ANY LITTLE ELEMENTARY-AGE KIDS INSIDE THAT MOTOR HOME?
A.: NO.
Q.: HOW OFTEN ARE YOU AROUND THE HOUSE, MA’AM?
A.: I’M A STAY-AT-HOME MOM.
Q.: SO YOU ARE THERE PRETTY MUCH ALL DAY EVERY DAY UNLESS YOU HAVE AN ERRAND TAKING YOU SOMEWHERE?
A.: TRUE.
Q.: AND WHEN THE MOTOR HOME WAS PARKED ON YOUR SIDE OF THE STREET, HOW VISIBLE IS IT TO YOU DOING YOUR DAILY ACTIVITIES?
A.: I CAN SEE THE TOP OF IT FROM MY DOWNSTAIRS. I CAN’T SEE IN THE DOOR OR ANYTHING FROM THE DOWNSTAIRS OR ANYBODY WALKING AROUND IT. AND I’M DOWNSTAIRS MOST OF THE DAY.
Q.: ALL RIGHT.
YOU TOLD US I THINK YOU HAVE BEEN TO THE DEFENDANT’S HOME. IS THAT RIGHT?
A.: YES, I HAVE.
Q.: DOES IT LOOK LIKE HE KEEPS A PRETTY NEAT AND ORDERLY HOME?
A.: YES, HE DOES.
Q.: EVERYTHING IN ITS PLACE?
A.: PRETTY MUCH, YEAH.
Q.: DID YOU EVER GO UPSTAIRS?
A.: NO.
Q.: HAD YOU EVER BEEN IN HIS OFFICE?
A.: NO, I HAVE NOT.
Q.: DOES HE WORK AT HOME?
A.: I BELIEVE HE DOES.
Q.: AND HOW LONG HAS HE BEEN WORKING AT HOME AS FAR AS YOU KNOW?
A.: AS LONG AS WE’VE LIVED THERE.
Q.: WHICH IS ABOUT HOW LONG?
A.: FOUR AND A HALF YEARS.
Q.: AND HE WORKS AT HOME ALONE, DOESN’T HE?
A.: YES.
Q.: WHICH MEANS HE CAN COME AND GO AS HE PLEASES THROUGHOUT THE DAY.
MR. FELDMAN: ARGUMENTATIVE. OBJECTION.
THE COURT: CALLS FOR SPECULATION. SUSTAINED.
BY MR. DUSEK:
Q.: TO YOUR KNOWLEDGE WAS THERE A SUPERVISOR WITH HIM WHEN HE WAS WORKING?
A.: NOT THAT I’M AWARE OF.
Q.: AND TO YOUR KNOWLEDGE HE WAS, FROM WHAT YOU WERE ABLE TO OBSERVE, HE WOULD BE THE ONLY ONE AT HIS HOME WHEN HE WAS WORKING.
MR. BOYCE: OBJECTION. FOUNDATION. SPECULATION.
THE COURT: SUSTAINED.
BY MR. DUSEK:
Q.: WHEN HE CAME HOME THAT SATURDAY IN THE AFTERNOON, WHAT TIME DO YOU THINK IT WAS?
A.: AROUND 3:45.
Q.: WHY DO YOU THINK THAT, MA’AM?
A.: BECAUSE WE WERE COMING HOME, AND I NOTED THE TIME BECAUSE MY KIDS TYPICALLY TAKE A NAP IN THE AFTERNOON, AND THEY WERE RATHER LATE GETTING DOWN FOR THEIR NAP. AND WE WERE HEADED OUT TO DINNER THAT NIGHT.
Q.: SO YOU HAD TO GIVE THEM A NAP SO YOU COULD GET OUT TO DINNER.
A.: RIGHT.
Q.: HAD YOU BEEN HOME EARLIER THAT DAY, THAT SATURDAY?
A.: YES. THAT MORNING.
Q.: ABOUT WHAT TIME?
A.: ABOUT 10:20.
Q.: DID YOU SEE THE DEFENDANT IN THE NEIGHBORHOOD AT THAT TIME?
A.: NO, I DIDN’T.
Q.: DID YOU SEE HIS MOTOR HOME IN THE NEIGHBORHOOD AT THAT TIME?
A.: NO, I DIDN’T.
Q.: DID YOU NOTICE ANYTHING AT ALL UNUSUAL GOING ON IN THE NEIGHBORHOOD AT THAT TIME?
A.: YES. WHEN WE PULLED UP, THERE WAS A POLICE CAR IN FRONT OF THE VAN DAMS’ HOME.
Q.: AT THE 10:30 TIME?
A.: AT THE 10:20 TIME. BY THE TIME WE LEFT, IT WAS APPROXIMATELY TEN MINUTES LATER, THERE WAS A SECOND CAR PULLING UP.
Q.: SECOND CAR, SECOND POLICE CAR?
A.: SECOND POLICE CAR.
Q.: AT THAT TIME DID YOU KNOW WHAT WAS GOING ON?
A.: NO.
Q.: AND DURING THE TIME FROM THERE WHEN YOU LEFT TO GO, WHERE WERE YOU GOING, WHAT WERE YOU GOING TO DO?
A.: WE WENT OUT HOUSE SHOPPING.
Q.: AND YOU CAME HOME AT ABOUT 3:45 OR SO, IS THAT RIGHT?
A.: 3:30. YEAH.
Q.: HAD YOU HEARD ANYTHING ON THE RADIO OR T.V. OR IN ANY OF THE STORES ABOUT WHAT WAS GOING ON IN YOUR NEIGHBORHOOD WHILE YOU WERE GONE?
A.: NO.
Q.: WERE YOU TRYING TO FIND OUT WHAT WAS GOING ON?
A.: AT ONE POINT I TURNED THE RADIO ON LOOKING FOR SOME NEWS TO SEE IF THEY WOULD TELL US IF THERE WAS SOMETHING SERIOUS GOING ON IN THE NEIGHBORHOOD.
Q.: DID YOU HEAR ANY PUBLIC INFORMATION THAT SOMETHING WAS GOING ON IN YOUR NEIGHBORHOOD WHILE YOU WERE GONE?
A.: NO, I DID NOT.
Q.: SO WHEN YOU CAME HOME, YOU DID NOT EXPECT TO FIND THE NEIGHBORHOOD FULL OF POLICE OFFICERS AND MEDIA PEOPLE, IS THAT CORRECT?
A.: THAT’S CORRECT.
Q.: AND WHEN YOU CAME HOME WITHOUT EXPECTING THAT, HOW SHORTLY AFTER THAT DID THE DEFENDANT SHOW UP?
A.: WITHIN TWO TO FIVE MINUTES.
Q.: AND DID YOU SEE HIM WHEN HE SHOWED UP?
A.: I SAW HIM IN THE MOTOR HOME, AND I SAW HIM WHEN HE WAS OUT OF THE MOTOR HOME, YES.
Q.: SO YOU WOULD HAVE BEEN ABLE TO TELL SOMEBODY THAT YOU HAD SEEN HIM IN THE MOTOR HOME AT THAT TIME.
A.: YES.
Q.: AND IF HE HADN’T OF STAYED THERE, YOU WOULD HAVE BEEN ABLE TO RELATE THAT TO LAW ENFORCEMENT, WOULDN’T YOU?
A.: YES.
Q.: OKAY.
SO HE DID CONTACT YOU, YOU AND YOUR HUSBAND, IN THE STREET THERE OR ON THE CORNER.
A.: YES, HE DID.
Q.: DID HE SAY WHERE HE WAS COMING FROM?
A.: MY HUSBAND ASKED A QUESTION WHERE YOU COMING FROM OR WHERE YOU GOING BECAUSE HE HAD THE MOTOR HOME. BECAUSE WE HADN’T BEEN THERE ALL DAY, WE DIDN’T KNOW IF HE WAS BRINGING THE MOTOR HOME TO LOAD IT OR IF HE WAS COMING FROM BEING SOME PLACE, AS WE HADN’T BEEN HOME.
Q.: SO YOU WERE CURIOUS.
A.: WE WERE CURIOUS WHERE HAVE YOU BEEN OR WHERE YOU GOING.
Q.: WHAT DID HE TELL YOU?
A.: I OVERHEARD HIM, I THOUGHT I OVERHEARD HIM TO SAY THE STRAND, BUT IT COULD HAVE BEEN THE DESERT. IT WAS ONE OF THE TWO. AND MY HUSBAND AND I, HE SAID, YEAH, HE SAID HE WAS COMING FROM SUCH AND SUCH, AND I SAID I THOUGHT I HAVE HEARD THIS. AND WE TALKED ABOUT IT SO MUCH THAT I DON’T REALLY REMEMBER WHICH ONE IT IS.
Q.: SO YOU HEARD ONE THING, AND YOUR HUSBAND HEARD ANOTHER?
MR. FELDMAN: SPECULATION. OBJECTION. MISSTATES THE EVIDENCE.
THE COURT: OVERRULED.
BY MR. DUSEK:
Q.: NOW YOU CAN’T AGREE ON WHICH ONE HEARD WHAT?
A.: RIGHT.
Q.: AS YOU WERE TALKING OR AT LEAST STANDING THERE WITH THE DEFENDANT IN THE STREET, DID YOU SEE HIM LEAVE YOUR GROUP OR DID YOU LEAVE FIRST?
A.: I LEFT FIRST.
Q.: BECAUSE YOU HAD TO TEND TO FAMILY BUSINESS.
A.: YES.
Q.: DID YOU EVER SEE THE DEFENDANT LEAVE THAT CORNER AREA?
A.: I SAW HIM WALK OVER TOWARDS HIS HOUSE.
Q.: DID YOU EVER SEE HIM COME BACK?
A.: I DID NOT, BUT I WASN’T LOOKING.
Q.: WHERE WAS YOUR HUSBAND? DID HE EVENTUALLY JOIN YOU?
A.: YES. SHORTLY THEREAFTER.
Q.: DO YOU RECALL IF THAT WAS BEFORE OR AFTER THE DEFENDANT WENT TO HIS HOUSE?
A.: I BELIEVE IT WAS BEFORE.
Q.: AND DID YOUR HUSBAND REMAIN WITH YOU UNTIL YOU GUYS LEFT TO GO OUT TO DINNER OR WHEREVER IT WAS YOU WERE GOING?
A.: I DON’T REMEMBER IF HE DID OR IF HE WENT BACK OUT TO CHECK ON THINGS WITH THE NEIGHBORS.
Q.: DID YOU SEE THE DEFENDANT OR HIS MOTOR HOME LATER THAT DAY?
A.: NO, I DIDN’T.
Q.: WHEN WAS THE NEXT TIME YOU SAW HIM OR THE MOTOR HOME?
A.: ON MONDAY.
Q.: WAS HIS MOTOR HOME THERE?
A.: NO. IT WASN’T.
Q.: TYPICALLY WOULD YOU SEE HIS MOTOR HOME BACK IN THE STREET CLEANING UP AFTER A TRIP?
MR. BOYCE: OBJECTION. SPECULATION.
THE COURT: OVERRULED.
YOU MAY ANSWER.
THE WITNESS: TYPICALLY YES. BUT HE WOULD HAVE HAD SOMEBODY WITH HIM TO GIVE HIM — TO HAVE A CAR.
BY MR. DUSEK:
Q.: SO TYPICALLY HE WOULD HAVE SOMEBODY WITH HIM TO TRANSPORT VEHICLES BACK AND FORTH, CORRECT?
A.: TYPICALLY.
Q.: AND HE DIDN’T HAVE ANYBODY WITH HIM THIS DAY, DID HE?
A.: NO.
Q.: AND HE DIDN’T EVEN BRING THE MOTOR HOME BACK TO THE PROPERTY ITSELF TO CLEAN IT UP ON HIS OWN, CORRECT, FROM WHAT YOU COULD SEE?
A.: I DIDN’T SEE THE MOTOR HOME, NO.
Q.: AND WERE YOU AROUND ALL DAY ON MONDAY?
A.: I WAS IN AND OUT.
Q.: AND YOU NEVER DID SEE HIM CLEANING UP THE MOTOR HOME BACK AT HIS PROPERTY THAT DAY.
A.: HE WOULD HAVE NOT BEEN ABLE TO. THERE WAS TOO MUCH MEDIA THERE.
Q.: THAT’S IF HE HAD COME BY FIRST, CORRECT?
MR. BOYCE: OBJECTION. ARGUMENTATIVE.
THE COURT: SUSTAINED.
REPHRASE.
BY MR. DUSEK:
Q.: TO KNOW IF THERE WERE MEDIA THERE STILL ON THAT DAY, HE WOULD HAVE TO COME BY, WOULDN’T HE?
MR. FELDMAN: SPECULATION.
THE COURT: OVERRULED.
YOU CAN ANSWER THAT.
THE WITNESS: I BELIEVE SO.
BY MR. DUSEK:
Q.: I THINK YOU TOLD US THAT TYPICALLY YOU WOULD SEE HIM THERE FOR — SEE HIS MOTOR HOME THERE FOR A COUPLE OF DAYS OR MAYBE EVEN A DAY BEFORE HE WOULD GO OFF ON A TRIP. IS THAT RIGHT?
A.: TYPICALLY, YES.
Q.: AND MOST OF THE TIME WOULD IT BE MULTIPLE DAYS, AT LEAST IT WOULD SPEND THE NIGHT, THE MOTOR HOME WOULD SPEND A NIGHT IN THE NEIGHBORHOOD?
A.: TYPICALLY, YES.
Q.: EVEN ON THE OCCASIONS, HOWEVER MANY THEY — HOW MANY WERE THERE WHEN IT WAS ONLY THERE ONE DAY IN PREPARATION, HOW MANY TIMES? CAN YOU REMEMBER THAT?
MR. BOYCE: OBJECTION. SPECULATION.
THE COURT: OVERRULED.
YOU MAY ANSWER.
THE WITNESS: I’M NOT REAL AWARE OF ALL OF HIS COMINGS AND GOINGS TO KNOW IF HE TOOK A DAY TRIP IN HIS MOTOR HOME AND, YOU KNOW, PULLED IT UP AND LEFT. I’M NOT THERE ALL THE TIME.
BY MR. DUSEK:
Q.: I GUESS WHAT I’M AFTER IS YOU TOLD US SOMETIMES HE WOULD BE THERE FOR A COUPLE DAYS IN PREPARATION AND SOMETIMES JUST FOR ONE DAY. ARE YOU MEANING TO CONVEY THAT TO US OR WERE YOU JUST KIND OF GENERALIZING?
A.: GENERALIZING I GUESS.
Q.: SO YOU CANNOT REMEMBER A TIME WHEN HE WAS THERE FOR ONLY A DAY’S PREPARATION BEFORE HE WENT OFF ON A TRIP.
A.: I DON’T KNOW IN A SPECIFIC TIME. THERE WERE TIMES IT WAS MUCH SHORTER THAN OTHERS. I’M SORRY.
Q.: OKAY.
WERE THERE EVER ANY TIMES ON A WEEKEND WHERE HE WOULD GO OFF ON A TRIP ON ONE DAY, COME BACK TO THE HOUSE, AND THEN LEAVE ON A TRIP ON THE SAME DAY?
A.: YES, THERE WERE.
Q.: SEVERAL TIMES?
A.: THERE WERE TIMES THAT, YES, THERE WERE TIMES THAT HE WOULD COME, IF HE WENT TO THE STRAND, HE WOULD COME BACK TO THE HOUSE MID-WEEKEND AND GO BACK TO THE STRAND.
Q.: BACK TO THE STRAND?
A.: YES.
Q.: DID HE SAY WHY HE WAS COMING TO THE HOUSE THIS TIME?
A.: NO. I DID NOT HEAR ANYTHING.
MR. DUSEK: THANK YOU, MA’AM.
THE COURT: ALL RIGHT.
ANYTHING FURTHER, MR. BOYCE?

REDIRECT EXAMINATION
BY MR. BOYCE:
Q.: MISS ROEHR, YOU DON’T SPEND ALL YOUR TIME WATCHING THE COMINGS AND GOINGS OF MR. WESTERFIELD’S MOTOR HOME, DO YOU?
A.: NO, I DON’T.
Q.: YOU DON’T HAVE A WESTERFIELD MOTOR HOME LOG IN YOUR HOUSE, DO YOU?
A.: NO, I DON’T.
MR. BOYCE: THANK YOU.
I DON’T HAVE ANYTHING FURTHER.
THE COURT: ANYTHING FURTHER?
MR. DUSEK: NO.
THE COURT: IS THIS WITNESS TO BE EXCUSED, COUNSEL?
MR. DUSEK: SURE.
THE COURT: ALL RIGHT.
MA’AM, YOUR TIME WITH US IS DONE. PLEASE REMEMBER YOU’RE UNDER AN ADMONITION NOT TO DISCUSS THE CASE WITH ANYONE UNTIL THE MATTER IS RESOLVED. OKAY.
THANK YOU VERY MUCH.
(THE WITNESS WAS EXCUSED.)
THE COURT: LADIES AND GENTLEMEN, WE ARE GOING TO NEED TO TAKE A BREAK AT SOME POINT. WE MIGHT AS WELL TAKE IT RIGHT NOW. THAT WILL GIVE US AN HOUR REMAINING.
PLEASE REMEMBER THE ADMONITION OF THE COURT NOT TO DISCUSS ANY OF THE EVIDENCE OR TESTIMONY AMONG YOURSELVES OR WITH OTHERS NOR FORM OR EXPRESS ANY OPINIONS ON THE MATTER UNTIL IT IS SUBMITTED TO YOU FOR DECISION.
PLEASE BE OUTSIDE THE DOOR AT 3:00 O’CLOCK. 3:00 O’CLOCK STRAIGHT UP.
(RECESS, 2:46 O’CLOCK, P.M., TO 3:00 O’CLOCK, P.M.)
/ / /
??

6969

02074 - July 2nd 2002 - Transcript of David Westerfield Trial Day 15 - afternoon 2
02072 - July 2nd 2002 - Transcript of David Westerfield Trial Day 15 - morning 2