TRIAL DAY 15 – PART 4 – afternoon2
SAN DIEGO, CALIFORNIA, TUESDAY, JULY 2, 2002, (afternoon 2)
WITNESSES:
Paul Hung (senior engineering manager, neighbor, testified about Westerfield, family, RV and misc – direct and cross)
Richard Maler (police officer detective, interviewed Keith Stone)
Johnny Keene (detective police officer, testified about his misc.contact with Westerfield)
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1 THE COURT: WELCOME BACK, LADIES AND GENTLEMEN.
2 ALL RIGHT. MR. BOYCE.
3 MR. BOYCE: DEFENSE CALLS PAUL HUNG.
4
5 -PAUL HUNG,
6 DEFENDANT’S WITNESS, HAVING BEEN SWORN, TESTIFIED AS FOLLOWS:
7
8 THE COURT: PLEASE HAVE A SEAT, SIR.
9 THE CLERK: SIR, PLEASE STATE YOUR NAME AND SPELL IT FOR
10 THE RECORD.
11 THE WITNESS: PAUL HUNG, H-U-N-G.
12
13 DIRECT EXAMINATION +
14 BY MR. BOYCE:
15 Q.: GOOD AFTERNOON, MR. HUNG. WHERE DO YOU LIVE?
16 A.: 11989 MOUNTAIN PASS ROAD.
17 Q.: AND WHAT IS YOUR OCCUPATION?
18 A.: I’M A SENIOR ENGINEERING MANAGER AT NOKIA.
19 Q.: REFERRING TO EXHIBIT ONE BEHIND YOU HERE, DO YOU
20 RECOGNIZE THE PHOTOGRAPHS IN THIS DIAGRAM?
21 A.: YES.
22 Q.: DO YOU SEE A PHOTOGRAPH THAT SHOWS WHERE YOU LIVE?
23 A.: YES.
24 Q.: WHICH PHOTOGRAPH IS THAT?
25 A.: ACTUALLY BOTH “B”, “C”, “D” AND “E” RIGHT NEXT TO
26 “DW.”
27 Q.: PERHAPS ON THE PHOTOGRAPH, WHICH PHOTOGRAPH DO YOU
28 THINK SHOWS YOUR HOUSE THE BEST?
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1 A.: THIS ONE HERE.
2 Q.: AND YOU’RE REFERRING TO PHOTOGRAPH “D”?
3 A.: RIGHT.
4 Q.: AND IT’S THE SECOND HOUSE FROM THE CORNER YOU’RE
5 POINTING TO; IS THAT CORRECT?
6 A.: THAT’S CORRECT.
7 Q.: AND ON PHOTOGRAPH “C”, DO YOU ALSO SEE YOUR HOUSE?
8 A.: YES.
9 Q.: AND YOU’RE POINTING TO THE HOUSE RIGHT NEXT TO —
10 DO YOU KNOW WHO LIVES THERE?
11 A.: YES.
12 Q.: WHOSE HOUSE WAS THAT?
13 A.: DAVID’S.
14 Q.: DAVID WESTERFIELD?
15 A.: THAT’S CORRECT.
16 Q.: YOU’RE POINTING TO THE HOUSE NEXT TO MR.
17 WESTERFIELD’S IN PHOTOGRAPH “C”?
18 A.: YES.
19 Q.: THANK YOU.
20 HOW LONG HAVE YOUR LIVED THERE?
21 A.: A LITTLE BIT MORE THAN — LET’S SEE, JUST ABOUT SIX
22 YEARS.
23 Q.: DO YOU KNOW A PERSON BY THE NAME OF MR.
24 WESTERFIELD?
25 A.: YES.
26 Q.: DO YOU RECOGNIZE HIM HERE IN COURT?
27 A.: YES.
28 Q.: IS HE THE PERSON THAT I’VE GOT MY HAND ON HIS
6973
1 SHOULDER?
2 A.: THAT’S CORRECT.
3 Q.: ARE HOW LONG HAVE YOU KNOWN MR. WESTERFIELD?
4 A.: SHORTLY AFTER I MOVED INTO THAT HOUSE. I SAY
5 PROBABLY WITHIN A MONTH.
6 Q.: DO YOU HAVE CHILDREN?
7 A.: YES, I DO.
8 Q.: AND DID YOUR — DID YOU KNOW WHETHER OR NOT MR.
9 WESTERFIELD HAD CHILDREN?
10 A.: YES.
11 Q.: DO YOUR FAMILIES KNOW EACH OTHER?
12 A.: YES.
13 Q.: WOULD YOU — HAVE YOU BEEN TO MR. WESTERFIELD’S
14 HOUSE?
15 A.: YES.
16 Q.: ABOUT HOW MANY TIMES?
17 A.: I CAN’T RECALL BUT I WOULD SAY PROBABLY FOUR OR
18 FIVE TIMES.
19 Q.: YOU’VE BEEN TO HIS SWIMMING POOL?
20 A.: YES.
21 Q.: DO YOU HAVE AN OPEN INVITATION TO HIS SWIMMING
22 POOL?
23 A.: YES.
24 Q.: AND THERE’S — IS THERE A FENCE BETWEEN YOUR
25 PROPERTY AND MR. WESTERFIELD’S?
26 A.: YES.
27 Q.: WOULD YOU ON OCCASION TALK TO MR. WESTERFIELD OVER
28 THE FENCE?
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1 A.: YEAH, ACTUALLY QUITE OFTEN.
2 Q.: AND, IN FACT, DID HE HAVE COMPANY OVER THERE THAT
3 KNEW YOU AT ONE TIME?
4 Q.: MR. SEEBRAUGH?
5 A.: OH, YES.
6 Q.: WHO IS MR. SEEBRAUGH?
7 A.: HE’S ONE OF MY COLLEAGUE.
8 Q.: IS HIS FIRST NAME GLENN?
9 A.: YEAH, GLENN SEEBRAUGH.
10 Q.: HE WORKS AT NOKIA WITH YOU?
11 A.: THAT’S CORRECT.
12 Q.: AND DID YOU HAVE OCCASION TO EVER SEE A HOSE IN MR.
13 WESTERFIELD’S YARD?
14 A.: YEAH, FROM TIME TO TIME.
15 Q.: WOULD THIS HOSE BE WRAPPED UP OR LEFT STRUNG OUT?
16 A.: WELL, DEPENDS. USUALLY RIGHT AFTER A CAR WASH IT
17 JUST LAY IN FRONT OF THE DRIVEWAY.
18 Q.: SO YOU’VE SEEN IT BOTH WAYS?
19 A.: YEAH.
20 Q.: IT WASN’T — WAS IT UNUSUAL FOR MR. WESTERFIELD TO
21 LEAVE HIS HOSE UNRAVELED ON THE LAWN?
22 A.: I DON’T THINK SO.
23 Q.: YOU’VE SEEN IT LIKE THAT BEFORE?
24 A.: YES, I HAVE.
25 Q.: WHAT ABOUT A MOTOR HOME, DID MR. WESTERFIELD HAVE A
26 MOTOR HOME?
27 A.: YES.
28 Q.: HOW DO YOU KNOW HE HAD A MOTOR HOME?
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1 A.: WELL, HE PARKS THERE AND HE ALSO SHOW ME HIS MOTOR
2 HOME.
3 Q.: WHEN YOU SAY PARKED THERE, WHERE WOULD HE PARK?
4 A.: USUALLY IT’S RIGHT ACROSS FROM HIS HOUSE.
5 Q.: PERHAPS IF YOU COULD TAKE THE POINTER —
6 A.: SURE.
7 Q.: — AND INDICATE ON PHOTOGRAPH “C” IF YOU SEE WHERE
8 HE PARKED THE MOTOR HOME?
9 A.: RIGHT HERE.
10 Q.: AND YOU’RE INDICATING IN THE RED HIGHLIGHTED AREA
11 ON PHOTOGRAPH “C”?
12 A.: RIGHT. HE PARKED HERE FROM TIME TO TIME. I SEE
13 HIM PARK HERE AS WELL.
14 Q.: YOU ALSO INDICATED WHERE IT SAYS “MH” ON THE SIDE
15 STREET WHICH IS — BRIAR CLIFF?
16 A.: BRIAR LEAF. BRIAR LEAF.
17 Q.: HE WOULD ALSO PARK HIS MOTOR HOME THERE?
18 A.: RIGHT.
19 Q.: DID YOU TELL US YOU HAD BEEN IN THE MOTOR HOME?
20 A.: YES.
21 Q.: AND WHEN DID THAT OCCUR?
22 A.: I THINK THAT’S WHEN HE FIRST BOUGHT THAT MOTOR HOME
23 AND HE — HE WAS SHOWING ME AROUND, WHAT’S IN THERE.
24 Q.: WHEN YOU SAY THAT MOTOR HOME, YOU MEAN THE NEW
25 MOTOR HOME?
26 A.: RIGHT. HE HAD A OLD ONE HE ALSO SHOWED ME AND THEN
27 HE CHANGED TO A NEW ONE.
28 Q.: WHEN HE TOOK YOU OUT TO SHOW YOU THE MOTOR HOME
6976
1 WHERE WAS IT?
2 A.: THAT WAS ON THE SIDE, IF I CAN SHOW HERE.
3 Q.: AND YOU’RE INDICATING AGAIN ON PHOTOGRAPH “C” ALONG
4 BRIAR LEAF?
5 A.: THAT’S CORRECT.
6 Q.: DID — AND HE TOOK YOU OUT, HE OPENED THE DOOR?
7 A.: YEAH, OPENED THE DOOR. ACTUALLY, YEAH.
8 Q.: OKAY.
9 AND YOU WALKED THROUGH THE MOTOR HOME?
10 A.: YES.
11 Q.: DO YOU SEE A LOT OF CHILDREN IN THAT NEIGHBORHOOD?
12 A.: YES.
13 Q.: SCHOOL AGED CHILDREN?
14 A.: YEAH.
15 Q.: ELEMENTARY SCHOOL AGE CHILDREN?
16 A.: RIGHT.
17 Q.: WOULD THEY WALK ON THE STREET WHERE THE MOTOR HOME
18 WAS PARKED?
19 MR. DUSEK: OBJECTION, VAGUE AS TO WHEN AND WHO.
20 THE COURT: SUSTAINED.
21
22 BY MR. BOYCE:
23 Q.: WITHIN THE LAST, SAY, YEAR WOULD YOU SEE CHILDREN
24 WALKING ON THAT STREET WHERE THE MOTOR HOME WAS PARKED?
25 MR. DUSEK: VAGUE AS TO WHO AND IRRELEVANT.
26 THE COURT: WELL — AND WHICH STREET. REPHRASE.
27
28 ///
6977
1 BY MR. BOYCE:
2 Q.: YOU SAY YOU’VE SEEN THE MOTOR HOME PARKED ON BRIAR
3 LEAF; IS THAT CORRECT?
4 A.: YEAH. I SEEN THE MOTOR HOME PARKED BOTH ON BRIAR
5 LEAF AND MOUNTAIN PASS ROAD, AND MORE OFTEN ON MOUNTAIN PASS
6 ROAD.
7 Q.: I’LL TAKE MOUNTAIN PASS ROAD, FOR EXAMPLE. ON THE
8 SIDE OF THE STREET THAT THE MOTOR HOME IS PARKED WOULD YOU SEE
9 CHILDREN WALKING ON THAT SIDE OF THE STREET?
10 A.: NO, I DON’T.
11 Q.: WHAT ABOUT ON BRIAR LEAF, WOULD YOU SEE CHILDREN
12 WALKING ON BRIAR LEAF?
13 A.: NO.
14 SORRY, I SHOULD SAY I DON’T SEE BRIAR LEAF FROM MY
15 HOUSE, BUT MOUNTAIN PASS IS RIGHT IN FRONT OF MY HOUSE, SO I DO
16 SEE CHILDREN WALKING UP AND DOWN THE STREET.
17 Q.: OKAY. THAT’S ON MOUNTAIN PASS; IS THAT CORRECT?
18 A.: THAT’S CORRECT.
19 Q.: THAT’S WHERE YOU WOULD SEE THE CHILDREN WALKING?
20 A.: YES.
21 Q.: DID MR. WESTERFIELD HAVE LIGHTS IN HIS BACKYARD?
22 A.: YES.
23 Q.: DID YOU SEE THEM ON AT NIGHT?
24 A.: YES.
25 Q.: WOULD IT BE UNCOMMON FOR HIM TO LEAVE HIS BACK
26 LIGHT ON AT NIGHT?
27 A.: NO. ACTUALLY, I EVEN SEEN THE LIGHTS ON DURING THE
28 DAYTIME.
6978
1 Q.: DID YOU SEE A TRAILER WITH THIS MOTOR HOME AT ALL?
2 A.: YES. SOMETIME HE BRINGS IN A TRAILER.
3 Q.: IS THIS A WHITE TRAILER?
4 A.: THAT’S RIGHT, A PRETTY BIG WHITE TRAILER.
5 Q.: MR. WESTERFIELD WOULD ALWAYS HAVE THIS WHITE
6 TRAILER WITH HIM?
7 A.: NO.
8 Q.: WHEN YOU SAW THE WHITE TRAILER IN THE NEIGHBORHOOD
9 WOULD YOU SEE ANYBODY ELSE WITH MR. WESTERFIELD?
10 A.: YES.
11 Q.: SO THE TIMES YOU SAW THE TRAILER WAS THE TIMES THAT
12 HE WOULD HAVE SOMEBODY ELSE WITH HIM, IS THAT RIGHT?
13 A.: YEAH. MOST OF THE TIME I SAW THE WHITE TRAILER
14 THERE THERE’S SOMEBODY HELPING HIM LOADING AND UNLOADING I GUESS
15 ATVS.
16 Q.: WHEN YOU SAY ATVS, ARE THESE VEHICLES THAT —
17 A.: YEAH, THOSE ARE THE FOUR WHEEL BIKES.
18 Q.: AND THEY’D BE KEPT IN THE TRAILER?
19 A.: NORMALLY THEY’RE KEPT — YEAH, SOMETIME IT’S IN THE
20 GARAGE. SOMETIME HE LOADS INTO THE TRAILER.
21 MR. BOYCE: THANK YOU, MR. HUNG.
22 THE COURT: CROSS-EXAMINATION.
23
24 CROSS-EXAMINATION +
25 BY MR. DUSEK:
26 Q.: SIR, IS THERE A SCHOOL IN THE NEIGHBORHOOD?
27 A.: YES.
28 Q.: HOW DO YOU GET THERE FROM YOUR HOUSE?
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1 A.: NORMALLY WALKING.
2 Q.: WHICH STREETS DO YOU TAKE WALKING?
3 A.: OKAY. IT’S WALKING DISTANCE. USUALLY, OKAY, I SAY
4 WALKING PAST ON MOUNTAIN PASS ROAD AND THEN WALKING NORTH ON
5 SPRINGHURST. THERE’S AN ELEMENTARY SCHOOL I’LL SAY BETWEEN
6 FIVE, 10 MINUTES WALK.
7 Q.: CAN YOU GET THERE GOING DOWN BRIAR LEAF?
8 A.: YES.
9 Q.: IS THAT THE QUICKEST WAY FROM THAT INTERSECTION?
10 A.: I WOULDN’T KNOW.
11 Q.: LET ME DIRECT YOUR ATTENTION TO COURT’S EXHIBIT
12 ONE, THE AERIAL PHOTOGRAPHS, AND WE BELIEVE YOUR HOUSE IS
13 IMMEDIATELY ADJACENT TO MR. WESTERFIELD’S HOUSE; IS THAT
14 CORRECT?
15 A.: THAT’S CORRECT.
16 Q.: AND THE STREET NEXT TO MR. WESTERFIELD’S HOUSE IS
17 BRIAR LEAF, CORRECT?
18 A.: CORRECT.
19 Q.: AND BRIAR LEAF RUNS ACROSS MOUNTAIN PASS AND
20 EVENTUALLY CONNECTS WITH SPRINGHURST?
21 A.: YES.
22 Q.: AND YOU CAN GET — THAT’S THE MOST DIRECT WAY TO
23 THE SCHOOL, ISN’T IT?
24 MR. BOYCE: ASKED AND ANSWERED, YOUR HONOR.
25 THE COURT: OVERRULED.
26 YOU CAN ANSWER.
27 THE WITNESS: YEAH, THAT JUST ABOUT THE SAME DISTANCE.
28 BUT ANYWAY, I NORMALLY WALK THE OTHER WAY.
6980
1 BY MR. DUSEK:
2 Q.: BECAUSE YOU’RE OUT FOR SOME EXERCISE, CORRECT?
3 A.: NO. IT’S JUST MORE CONVENIENCE.
4 MR. FELDMAN: OBJECTION.
5 THE COURT: OVERRULED. THE ANSWER IS IT’S MORE
6 CONVENIENT.
7
8 BY MR. DUSEK:
9 Q.: IF SOMEBODY LIVES ON THIS SIDE, WHAT’S THE OPPOSITE
10 SIDE OF BRIAR LEAF FROM YOU?
11 A.: ACTUALLY, THAT’S ALSO MOUNTAIN PASS ROAD.
12 Q.: ALL RIGHT.
13 BUT ON THE OPPOSITE SIDE OF BRIAR LEAF ON MOUNTAIN
14 PASS ROAD, IS THAT NORTH, SOUTH, EAST OR WEST?
15 A.: THAT’S EAST.
16 Q.: SO ON THE EAST SIDE OF MOUNTAIN PASS ROAD, TO GET
17 TO THE SCHOOL THEY WOULD BE ABLE TO GO AND TURN RIGHT DOWN BRIAR
18 LEAF?
19 A.: THAT IS ONE OF THE WAY, YES.
20 Q.: ALL RIGHT.
21 AND IF THEY WERE TO DO THAT, THEY WOULDN’T HAVE TO
22 WALK BY THE SIDE OF MR. WESTERFIELD’S HOUSE, WOULD THEY?
23 A.: NOPE.
24 Q.: AND THEY WOULDN’T HAVE TO WALK ACROSS THE AREA
25 WHERE MR. WESTERFIELD PARKED HIS MOTOR HOME, WOULD THEY?
26 A.: NO.
27 Q.: YOUR HOURS, WHAT ARE YOUR HOURS, SIR, OF WORK?
28 A.: NORMALLY 8:00 TO 6:00.
6981
1 Q.: MONDAY THROUGH FRIDAY?
2 A.: MONDAY THROUGH FRIDAY.
3 Q.: HOW LONG HAVE YOU BEEN WORKING THOSE HOURS?
4 A.: FOR YEARS, FIVE YEARS, SIX YEARS.
5 Q.: SINCE YOU’VE BEEN LIVING IN THE NEIGHBORHOOD?
6 A.: YES.
7 Q.: AND WHAT TIME DO YOU HAVE TO LEAVE THE HOUSE TO GET
8 TO WORK?
9 A.: USUALLY I — ONLY TAKE ME ABOUT 10 MINUTES TO GET
10 TO WORK, SO USUALLY I LEAVE AROUND ALMOST 8 O’CLOCK OR SOMETIME
11 LATER.
12 Q.: DON’T HAVE TO BE THERE QUITE AT 8 O’CLOCK?
13 A.: NO, NOT QUITE.
14 Q.: ALL RIGHT.
15 DO YOU KNOW WHAT TIME SCHOOL STARTS DOWN THERE AT
16 THE LOCAL ELEMENTARY SCHOOL?
17 A.: NO, I DON’T.
18 Q.: WHEN YOU’RE GOING TO WORK, DO YOU KNOW IF THE KIDS
19 ARE ALREADY AT SCHOOL OR STILL WAITING TO GO?
20 A.: ACTUALLY, I CAN’T HARDLY TELL BECAUSE WHAT HAPPENS
21 IS THERE IS A SCHOOL BUS STOP ON MOUNTAIN PASS ROAD NEAR CLOSE
22 TO MY HOUSE ON PARK, SO I DO SEE DIFFERENT AGE OF CHILDREN. BUT
23 I DON’T KNOW IF THEY ARE GOING TO AN CREEKSIDE OR GOING TO A
24 DIFFERENT SCHOOL, SCHOOL BUS.
25 Q.: DO YOU KNOW IF THOSE APPEAR TO BE HIGH SCHOOL
26 STUDENTS OR JUNIOR HIGH OR ELEMENTARY?
27 A.: THEY CAN BE ANYWHERE I GUESS FROM JUNIOR HIGH OR
28 EVEN ELEMENTARY BECAUSE THE SCHOOL IS QUITE NEW, SO I CAN’T
6982
1 HARDLY TELL.
2 Q.: BUT THE LOCAL SCHOOL —
3 A.: UH-HUH.
4 Q.: — IS NOT FAR ENOUGH TO NEED A SCHOOL BUS, IS IT?
5 A.: NO.
6 Q.: THE SCHOOL BUS WOULD APPEAR TO TAKE KIDS TO SOME
7 OTHER SCHOOL?
8 A.: RIGHT, RIGHT.
9 Q.: YOUR HOUSE IS ON WHICH SIDE OF MR. WESTERFIELD’S?
10 A.: ON THE WEST SIDE.
11 Q.: AND WHEN YOU COME TO YOUR HOUSE FROM BEING OUT AND
12 ABOUT —
13 A.: UH-HUH.
14 Q.: — DO YOU PASS HIS HOUSE OR DO YOU JUST COME TO
15 YOUR HOUSE AND TURN IN THE DRIVEWAY.
16 A.: NO, I DON’T PASS HIS HOUSE. I’LL GET TO MY HOUSE
17 FIRST.
18 Q.: SO YOU COME FROM SPRINGHURST AND TURN INTO YOUR
19 HOUSE WITHOUT PASSING HIS, CORRECT?
20 A.: THAT’S CORRECT.
21 Q.: SO YOU DO NOT HAVE TO SEE ANYTHING ON THE SIDE OF
22 HIS HOUSE WHEN YOU DRIVE UP TO YOUR LOCATION?
23 A.: THAT’S RIGHT.
24 Q.: YOU TALK ABOUT HIM WASHING HIS CAR WITH THE HOSE,
25 IS THAT RIGHT?
26 A.: YEAH.
27 Q.: AND SOMETIMES WHEN HE’S DONE HE LEAVES THE HOSE
28 THERE IN THE DRIVEWAY UNTIL HE CLEANS UP?
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1 A.: YES.
2 Q.: EVENTUALLY HE DOES CRANK IT UP, DOESN’T HE?
3 A.: YEAH.
4 Q.: HE HAS ONE OF THOSE CRANK THINGS THAT KEEPS IT
5 ORGANIZED?
6 A.: YES. IT’S ON THE OTHER SIDE ON THE GARAGE, SO I
7 DON’T SEE IT ALL THE TIME.
8 Q.: AND IN FACT, YOU CAN’T EVEN SEE IT FROM YOUR HOUSE,
9 CAN YOU, TO SEE WHERE THE HOSE CRANK THING IS?
10 A.: I CAN’T SEE THE CRANK — THE REEL. YEAH, I CANNOT
11 SEE THE REEL.
12 Q.: AND THE REEL IS WHERE THE HOSE IS CONNECTED TO THE
13 WATER FAUCET?
14 A.: RIGHT.
15 Q.: SO THE ONLY WAY YOU’D EVER EVEN KNOW IF IT WAS
16 STRETCHED OUT OVER THAT PART OF THE YARD IS TO GO OVER THERE AND
17 TAKE A LOOK, RIGHT?
18 A.: NO. I WILL SEE THE HOSE ON THE DRIVEWAY OR THE
19 WALKWAY BUT — IF THE HOSE IS OUT AND I DEFINITELY SEE IT. BUT
20 IF IT’S ON THAT SIDE OF THE WALL, NO, I DON’T SEE IT.
21 Q.: THE TIMES YOU SEE IT IT LOOKED LIKE HE WAS WASHING
22 HIS CAR?
23 A.: UM-HMM, AND HE WASH IN THE DRIVEWAY SO I SEE THAT.
24 Q.: AND ONCE HE GOT EVERYTHING PUT AWAY HE CRANKED THE
25 HOSE UP?
26 A.: YEAH.
27 Q.: OKAY.
28 FROM YOUR LOCATION IN YOUR HOUSE CAN YOU SEE HIS
6984
1 REAR FACING WINDOWS?
2 A.: NO.
3 Q.: SO YOU DO NOT KNOW IF HE LEAVES THE BLINDS OPEN ALL
4 THE TIME OR KEEPS THEM CLOSED ALL THE TIME OR SOMETHING IN
5 BETWEEN?
6 A.: NO.
7 Q.: THE MOTOR HOME THAT YOU SAID YOU SAW HIM WITH, HIS
8 NEW ONE, DO YOU RECALL ABOUT WHEN HE GOT THE NEW ONE?
9 A.: NO, I DON’T. PROBABLY ABOUT TWO, THREE YEARS.
10 Q.: DO YOU KNOW WHERE HE STORES IT?
11 A.: NO, I DON’T.
12 Q.: HE DOESN’T STORE IT AT THE HOUSE, THOUGH, DOES HE?
13 A.: NO.
14 Q.: HE APPEARS TO BRING THE MOTOR HOME BY THE HOUSE FOR
15 WHEN HE’S GETTING READY TO DO A TRIP?
16 A.: YEAH, BUT SOMETIMES HE PARK OVERNIGHT.
17 Q.: WHEN HE’S GETTING READY FOR A TRIP?
18 A.: I’M NOT TOO SURE ABOUT THAT. I JUST SEE IT PARKED
19 OVERNIGHT SOME TIME.
20 Q.: MOST OF THE TIME DOES IT APPEAR TO BE THERE
21 OVERNIGHT?
22 A.: NO. IT’S NOT THAT OFTEN BUT, YOU KNOW, IN THE
23 SUMMERTIME I SEE IT MORE PARKING IT OVERNIGHT.
24 Q.: SUMMERTIME IS WHEN HE APPEARS TO BRING IT BY THE
25 NEIGHBORHOOD?
26 A.: ACTUALLY, MAYBE — CAN YOU REPEAT THE QUESTION?
27 Q.: WELL, IS IT SUMMER TIME WHEN HE APPEARS TO BRING IT
28 MOST OFTEN TO THE NEIGHBORHOOD?
6985
1 A.: YES.
2 Q.: ON FEBRUARY 1ST, A FRIDAY OR FEBRUARY 2ND, A
3 SATURDAY, THE DAY DANIELLE WAS MISSING —
4 A.: OKAY.
5 Q.: — WERE YOU AT HOME THAT WEEKEND?
6 A.: YES.
7 Q.: WERE YOU AT HOME ON FRIDAY?
8 A.: YES.
9 Q.: WHAT HOURS WERE YOU AROUND YOUR HOUSE ON FRIDAY?
10 A.: ACTUALLY, I DON’T RECALL.
11 Q.: DID YOU GO TO WORK THAT DAY? THAT WOULD BE
12 FRIDAY —
13 A.: IF IT’S NOT A HOLIDAY, YES.
14 Q.: I DON’T THINK IT WAS.
15 A.: OKAY. THEN I WAS AT WORK.
16 Q.: FRIDAY, FEBRUARY THE 1ST?
17 A.: UM-HMM.
18 Q.: IF IT WASN’T A HOLIDAY THAT WOULD BE A DAY THAT YOU
19 WOULD WORK?
20 A.: THAT’S RIGHT.
21 Q.: DID YOU SEE THE MOTOR HOME AROUND THERE THAT
22 EVENING?
23 A.: I DIDN’T PAY ANY ATTENTION.
24 Q.: HOW BIG IS THIS MOTOR HOME?
25 A.: IT’S BIG. IT’S, I WOULD SAY, WHAT, 30, 35 FOOTER.
26 Q.: HOW ABOUT THE NEXT DAY, DID YOU SEE IT?
27 A.: YES.
28 Q.: YOU SAW IT ON SATURDAY BUT DIDN’T SEE IT ON FRIDAY?
6986
1 A.: WELL —
2 MR. BOYCE: OBJECTION, MISSTATES THE TESTIMONY.
3 THE COURT: OVERRULED.
4 YOU CAN ANSWER THAT.
5 THE WITNESS: I CAN’T SAY — WELL, LET’S PUT IT THIS WAY.
6 I DIDN’T PAY ATTENTION SO I WOULDN’T NOTICE.
7
8 BY MR. DUSEK:
9 Q.: WHEN DID YOU SEE IT ON SATURDAY?
10 A.: 8:30 IN THE MORNING.
11 Q.: HOW DO YOU KNOW IT WAS 8:30?
12 A.: BECAUSE I GET UP AT 8 O’CLOCK AND I LOOK AT THE
13 WATCH, I GOT OUT OF THERE AND START DOING MY WORKING ON MY YARD
14 AND IT WAS 8:30.
15 Q.: WHERE WAS IT PARKED?
16 A.: IT WAS PARKED ON BRIAR LEAF.
17 Q.: OVER ON THE SIDE OF HIS HOUSE?
18 A.: RIGHT.
19 Q.: AND YOU COULD SEE IT FROM YOUR HOUSE?
20 A.: I CAN SEE IT FROM MY DRIVEWAY WHEN I’M OUTSIDE, NOT
21 INSIDE THE HOUSE.
22 Q.: OKAY.
23 A.: YEAH.
24 Q.: AND WHEN YOU CAME HOME FROM WORK THAT FRIDAY DID
25 YOU NOTICE IT OVER THERE?
26 A.: THAT’S THE THING I DON’T REMEMBER ON THAT FRIDAY.
27 Q.: DID YOU GET OUT AND WALK AROUND THE NEIGHBORHOOD OR
28 WORK IN YOUR YARD THAT FRIDAY AFTER YOU GOT OFF WORK?
6987
1 A.: THAT’S A LONG TIME AGO. I DON’T REMEMBER.
2 Q.: DO YOU RECALL WHAT WAS GOING ON SATURDAY WITH THE
3 MOTOR HOME WHEN YOU SAW IT?
4 A.: YEAH. SATURDAY MORNING, LIKE I SAY, 8:30 OR SO, I
5 WAS TRYING TO WORK ON MY YARD AND JUST SAW THE MOTOR HOME PARKED
6 ON THE SIDE.
7 Q.: WHAT SIDE OF THE MOTOR HOME WERE YOU LOOKING AT?
8 A.: OKAY. IF THE MOTOR HOME’S FACING FRONT, I WOULD
9 SAY IT’S THE RIGHT HAND SIDE.
10 Q.: WOULD THAT BE THE PASSENGER SIDE?
11 A.: YES.
12 Q.: DID YOU SEE IF THE DOOR WAS OPEN OR CLOSED, THE
13 PASSENGER SIDE DOOR?
14 A.: ACTUALLY, I DON’T SEE THE WHOLE MOTOR HOME. I ONLY
15 SEE PART OF IT.
16 Q.: OKAY.
17 DID YOU SEE MR. WESTERFIELD WORKING OR HANGING
18 AROUND THE MOTOR HOME?
19 A.: NO. I DIDN’T SEE DAVID THAT MORNING.
20 Q.: DIDN’T SEE LITTLE KIDS HANGING AROUND THE MOTOR
21 HOME, DID YOU?
22 A.: NO.
23 Q.: IN FACT, YOU DIDN’T SEE ANYBODY OUT IN THE STREET,
24 DID YOU, AT THAT TIME, EXCEPT YOU?
25 A.: ACTUALLY, I CAN’T RECALL, BUT USUALLY AT 8:30 IN
26 THE MORNING THERE’S PEOPLE AROUND THE AREA ALREADY.
27 Q.: BUT YOU DON’T RECALL ANYBODY BEING OUT THAT DAY, DO
28 YOU?
6988
1 A.: NO.
2 MR. FELDMAN: ARGUMENTATIVE, ASKED AND ANSWERED.
3 THE COURT: OVERRULED. THE ANSWER WAS NO.
4
5 BY MR. DUSEK:
6 Q.: HOW LONG WAS IT THAT YOU SAW IT THERE?
7 A.: WELL, I SAW IT 8:30 FROM MY DRIVEWAY, AND THEN I
8 WAS LOADING SOME ROCKS TO MY BACKYARD. I SPENT ABOUT CLOSE TO
9 I’D SAY HALF AN HOUR IN THE BACKYARD, SO I COME BACK OUT TO THE
10 FRONT AND THE MOTOR HOME’S GONE.
11 Q.: AT ABOUT WHAT TIME WOULD YOU ESTIMATE IT WAS GONE?
12 A.: PROBABLY JUST BEFORE 9 O’CLOCK OR SO.
13 Q.: DID YOU SEE ANYBODY LOADING ANYTHING INTO THAT
14 MOTOR HOME DURING THAT PERIOD OF TIME?
15 A.: NO. I DIDN’T SEE ANY ACTIVITIES BY THE MOTOR HOME
16 AREA.
17 Q.: DID YOU SEE THE TRAILER THAT YOU DISCUSSED?
18 A.: NO, I DID NOT.
19 Q.: DID YOU SEE ANY OF THE DEFENDANT’S FAMILY OR
20 FRIENDS WITH HIM ON THAT OCCASION?
21 A.: NO.
22 Q.: NOW, YOU MENTIONED KNOWING THAT HE HAS A COUPLE OF
23 CHILDREN; IS THAT CORRECT?
24 A.: THAT’S CORRECT.
25 Q.: AND THE DAUGHTER DOESN’T LIVE WITH HIM, DOES SHE?
26 A.: NO.
27 Q.: AND THE BOY DOESN’T LIVE FULL-TIME WITH HIM, DOES
28 HE?
6989
1 A.: NO.
2 Q.: IN FACT, THE BOY LIVES WITH HIS MOTHER?
3 A.: I DON’T KNOW.
4 Q.: YOU SAW NEITHER OF THOSE PEOPLE THERE THAT DAY?
5 A.: NO.
6 Q.: DID YOU EVER SEE THE MOTOR HOME AGAIN?
7 A.: NO.
8 Q.: FROM THAT OCCASION, THAT WEEKEND, HOW LONG HAD IT
9 BEEN SINCE YOU HAD SEEN THE MOTOR HOME?
10 A.: YOU MEAN AFTER SATURDAY, THAT DAY?
11 Q.: NO, BEFORE SATURDAY, FROM FEBRUARY GOING BACK TO
12 THE PAST.
13 A.: ACTUALLY, I DON’T HAVE ANY ACCURATE ESTIMATE. ALL
14 I CAN SAY IS THAT I SEEN — USUALLY, IT’S LIKE SOMETIMES ONCE A
15 WEEK, SOMETIMES EVERY COUPLE WEEKS.
16 Q.: BUT YOU DON’T REMEMBER SEEING IT AT ANY TIME — ANY
17 SPECIFIC TIME BEFORE THAT WEEKEND?
18 A.: NO. I DON’T HAVE SPECIFIC TIME.
19 Q.: AND YOU TOLD US THAT YOU SEE IT THERE MOSTLY IN THE
20 SUMMERTIME?
21 A.: YEAH, MORE OFTEN IN THE SUMMERTIME.
22 Q.: DID YOU SEE ANY OF THE SAND TOYS, THE DUNE BUGGIES,
23 THE 4-WHEELERS ON THAT SATURDAY?
24 A.: NO.
25 Q.: WERE YOU AT HOME IN THE AFTERNOON ON THAT SATURDAY?
26 A.: NO.
27 Q.: WHERE HAD YOU GONE, DO YOU REMEMBER?
28 A.: YES. ACTUALLY, MY YOUNGEST SON HAS A CHINESE
6990
1 SCHOOL ON SATURDAY, SO I WAS WITH HIM.
2 Q.: WHEN DID YOU COME HOME FROM THAT?
3 A.: PROBABLY AROUND 5:00, 6 O’CLOCK.
4 Q.: WHAT WAS GOING ON?
5 A.: THERE WAS — I GUESS I SAW LOTS OF PEOPLE AND A
6 SEARCH PARTY.
7 Q.: DID YOU CHECK ABOUT WHAT WAS GOING ON?
8 A.: A LITTLE BIT. I HEARD A LITTLE BIT WHAT HAPPENED.
9 Q.: DID YOU SEE THE DEFENDANT THERE?
10 A.: NO.
11 Q.: DID YOU SEE HIS MOTOR HOME THERE?
12 A.: I CAN’T RECALL THAT.
13 MR. DUSEK: THANK YOU, SIR.
14 THE COURT: ALL RIGHT.
15 ANYTHING FURTHER, MR. BOYCE?
16 MR. BOYCE: THANK YOU, YOUR HONOR.
17
18 REDIRECT EXAMINATION +
19 BY MR. BOYCE:
20 Q.: MR. HUNG, FROM THAT SATURDAY WHEN YOU WERE WORKING
21 IN YOUR BACKYARD YOU COULDN’T SEE THE MOTOR HOME, COULD YOU?
22 A.: FROM MY BACKYARD?
23 Q.: YES.
24 A.: NO, FROM THE BACKYARD I CAN’T.
25 Q.: WAS — THAT SATURDAY WAS MR. WESTERFIELD’S GARAGE
26 DOOR OPEN WHEN THE MOTOR HOME WAS OUT THERE?
27 A.: I CANNOT REMEMBER ACCURATELY, BUT I DON’T THINK SO.
28 Q.: YOU DON’T HAVE A RECOLLECTION AT THIS POINT?
6991
1 A.: NO.
2 Q.: AND I BELIEVE YOU SAID THAT THE MOTOR HOME, YOU
3 WOULD SEE IT ABOUT EVERY WEEK OR EVERY OTHER WEEK?
4 A.: YEAH. IT DOES COME VERY FREQUENTLY, YEAH.
5 Q.: FAIRLY FREQUENTLY?
6 A.: USUALLY ON A WEEKLY OR BI-WEEKLY CASE I DO SEE THE
7 MOTOR HOME.
8 Q.: WOULD THIS HAVE BEEN TRUE FOR JANUARY OF THIS YEAR
9 ALSO?
10 A.: ACTUALLY, THAT WAS — LET ME TRY TO REMEMBER.
11 I’LL SAY THAT WAS QUITE FREQUENT AS WELL, BECAUSE I
12 WAS JOKING WITH HIM, HOW COME I SEE YOUR MOTOR HOME HERE SO
13 OFTEN.
14 Q.: NOW, YOU’RE HOME ON THE WEEKENDS, CORRECT?
15 A.: I’M NOT TRAVELING ON THE WEEKEND MOST OF THE TIME
16 BUT THINGS — USUALLY I’M OUT, LIKE TAKING THE CHILDREN TO
17 WEEKEND SCHOOL AND SOME SHOPPING, THAT SORT OF THING.
18 Q.: YOU’RE IN AND OUT ON THE WEEKENDS?
19 A.: RIGHT. RIGHT.
20 Q.: AND YOU WORK DURING THE WEEK?
21 A.: YES.
22 Q.: AND NOW, THE CHILDREN THAT YOU SAW WALK — OR YOU
23 HAVE SEEN CHILDREN WALKING IN THE NEIGHBORHOOD. YOU DON’T KNOW
24 WHETHER THEY’RE GOING TO SCHOOL OR NOT, DO YOU?
25 A.: NO.
26 Q.: AND THIS WOULD BE ON THE WEEKENDS, TOO, WHEN YOU’D
27 SEE THE CHILDREN?
28 A.: YEAH. I SEE LOTS OF CHILDREN DURING WEEKEND AS
6992
1 WELL.
2 Q.: AND FRIDAY NIGHT, FEBRUARY 1ST, YOU DON’T RECALL
3 ANYTHING UNUSUAL, DO YOU?
4 A.: NO.
5 Q.: YOU DIDN’T HEAR ANYTHING UNUSUAL, DID YOU?
6 A.: NO.
7 Q.: WHEN YOU SAW THE HOSE OUT IN THE DRIVEWAY DID YOU
8 ALWAYS WAIT AROUND FOR SOMEBODY TO CRANK IT UP?
9 A.: WHAT DO YOU MEAN?
10 Q.: WOULD YOU SEE THE HOSE OUT THERE AND THEN NOT
11 KNOW — YOU WOULDN’T KNOW WHETHER IT WAS CRANKED UP OR NOT?
12 A.: WELL, IF THE HOSE IS IN THE DRIVEWAY IT’S
13 DEFINITELY NOT CRANKED UP.
14 Q.: YOU DON’T RECALL SEEING THAT HOSE CRANKED UP EVERY
15 TIME AFTER YOU SAW IT IN THE DRIVEWAY?
16 A.: NO, NO, NO.
17 Q.: AND YOU CAN’T SEE MR. WESTERFIELD’S BACK WINDOWS
18 FROM YOUR HOUSE, I GUESS?
19 A.: NO, I CANNOT.
20 Q.: YOU DON’T CHECK IN YOUR NEIGHBOR’S WINDOWS TO SEE
21 IF THEIR BLINDS ARE CLOSED OR NOT, DO YOU?
22 A.: NO.
23 Q.: BUT YOU CAN SEE THE LIGHT WHEN IT’S ON IN THE BACK
24 OF MR. WESTERFIELD’S?
25 A.: OH, YES.
26 Q.: WHAT TIME DID YOU GO TO BED FRIDAY NIGHT, DO YOU
27 RECALL?
28 A.: WELL, NORMALLY MY BEDTIME’S ABOUT 12 O’CLOCK. SO
6993
1 USUALLY THAT’S PRETTY COMMON.
2 MR. BOYCE: THANK YOU, MR. HUNG.
3 THE COURT: ANYTHING FURTHER?
4
5 RECROSS-EXAMINATION +
6 BY MR. DUEK:
7 Q.: WERE YOU AWAKE AT 2:30 IN THE MORNING?
8 A.: PROBABLY NOT.
9 Q.: CAN YOU HEAR A TV COMING FROM THE WESTERFIELD’S
10 HOUSE?
11 A.: PARDON ME?
12 Q.: CAN YOU HEAR A TV SOUND COMING FROM THE WESTERFIELD
13 HOUSE?
14 A.: NO, I DIDN’T HEAR ANYTHING.
15 Q.: CAN YOU HEAR ANY MUSIC COMING FROM THE WESTERFIELD
16 HOUSE?
17 MR. FELDMAN: VAGUE AS TO TIME.
18 THE COURT: SUSTAINED. REPHRASE.
19
20 BY MR. DUEK:
21 Q.: THAT FRIDAY NIGHT WERE YOU IN A POSITION TO HEAR
22 ANY MUSIC COMING FROM THE WESTERFIELD HOUSE?
23 A.: NO.
24 Q.: HOW LOUD WOULD SOMEONE HAVE TO SCREAM IN THAT
25 WESTERFIELD HOUSE FOR YOU TO HEAR IT?
26 MR. FELDMAN: ARGUMENTATIVE.
27 THE COURT: SUSTAINED.
28 MR. DUSEK: NOTHING FURTHER.
6994
1 THE COURT: ANYTHING FURTHER, MR. BOYCE?
2 MR. BOYCE: NO, YOUR HONOR.
3 THE COURT: ALL RIGHT. IS THIS WITNESS TO BE EXCUSED?
4 ALL RIGHT, SIR. THANK YOU FOR COMING IN. PLEASE
5 REMEMBER YOU’RE UNDER AN ADMONITION NOT TO DISCUSS YOUR
6 TESTIMONY WITH ANYONE UNTIL THE MATTER’S CONCLUDED, OKAY?
7 THE WITNESS: YES.
8 THE COURT: THANK YOU.
9 ALL RIGHT MR. BOYCE.
10 MR. BOYCE: THANK YOU, YOUR HONOR. DEFENSE CALLS
11 DETECTIVE MALER.
12
13 -RICHARD MALER, +
14 DEFENDANT’S WITNESS, HAVING BEEN SWORN, TESTIFIED AS FOLLOWS:
15
16 THE COURT: PLEASE HAVE A SEAT, DETECTIVE.
17 THE CLERK: PLEASE STATE YOUR NAME AND SPELL IT FOR THE
18 RECORD.
19 THE WITNESS: RICHARD MALER, M-A-L-E-R.
20
21 DIRECT EXAMINATION +
22 BY MR. BOYCE:
23 Q.: GOOD AFTERNOON.
24 A.: GOOD AFTERNOON.
25 Q.: WHAT IS YOUR OCCUPATION?
26 A.: I’M A POLICE OFFICER FOR THE CITY OF SAN DIEGO. I
27 WORK THE ROBBERY UNIT.
28 Q.: AND WHAT’S YOUR CURRENT POSITION WITH THE POLICE
6995
1 DEPARTMENT?
2 A.: I’M A DETECTIVE.
3 Q.: AND ON FEBRUARY 2ND WERE YOU A DETECTIVE WITH THE
4 ROBBERY UNIT?
5 A.: THAT’S CORRECT.
6 Q.: AND DETECTIVE MALER, DID YOU BECOME INVOLVED IN THE
7 INVESTIGATION IN THE DISAPPEARANCE OF DANIELLE VAN DAM?
8 A.: YES, I DID.
9 Q.: WERE YOU ASKED TO INTERVIEW SOME WITNESSES IN
10 RELATIONSHIP TO THAT DISAPPEARANCE?
11 A.: YES, I WAS.
12 Q.: DID YOU INTERVIEW A PERSON BY THE NAME OF KEITH
13 STONE?
14 A.: YES, I DID.
15 Q.: WHEN DID THAT INTERVIEW OCCUR?
16 A.: IT WAS ON FEBRUARY 2ND, ABOUT 10 MINUTES TO 8:00 IN
17 THE EVENING.
18 Q.: WHERE DID THAT INTERVIEW TAKE PLACE?
19 A.: AT NORTHEASTERN SUBSTATION.
20 Q.: AND DURING THE COURSE OF YOUR INTERVIEW WITH MR.
21 STONE DID HE TELL YOU ABOUT WHERE HE HAD BEEN ON THE EVENING OF
22 FEBRUARY 1ST, THE NIGHT BEFORE YOUR INTERVIEW?
23 A.: YES, HE DID.
24 Q.: WHERE DID HE SAY HE HAD BEEN?
25 MR. DUSEK: OBJECTION, HEARSAY, NOT INCONSISTENT.
26 THE COURT: I’LL HEAR YOU AT SIDEBAR.
27
28 (BENCH CONFERENCE NOT A PUBLIC RECORD.)
6996
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6998
1
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6
7 (THE FOLLOWING PROCEEDINGS WERE HELD IN
OPEN COURT IN THE PRESENCE OF THE JURY:)
8
9 THE COURT: OKAY, MR. BOYCE.
10 MR. BOYCE: PRIOR CONSISTENT STATEMENT?
11 THE COURT: NO.
12 MR. BOYCE: NOTHING FURTHER, YOUR HONOR.
13 THE COURT: ALL RIGHT.
14 CROSS-EXAMINATION.
15 MR. DUSEK: I’LL WAIVE IT.
16 THE COURT: ALL RIGHT.
17 DETECTIVE, THANK YOU VERY MUCH FOR COMING IN.
18 YOU’RE STILL UNDER A COURT ORDER, HOWEVER, NOT TO DISCUSS YOUR
19 TESTIMONY WITH ANYONE UNTIL THE MATTER’S CONCLUDED, OTHER THAN
20 AS IT MAY RELATE TO YOUR OFFICIAL DUTIES, OKAY? YOU’RE SUBJECT
21 TO RECALL, WHICH MEANS YOU MAY BE CALLED BACK BUT THEY’LL LET
22 YOU KNOW.
23 THE WITNESS: OKAY.
24 THE COURT: THANK YOU FOR COMING IN.
25 THE WITNESS: ALL RIGHT.
26 MR. FELDMAN: JOHNNY KEENE.
27 THE COURT: OKAY.
28 JUST TELL THE BAILIFF AND HE’LL GO OUT AND GET THE
6999
1 WITNESS.
2
3 -JOHNNY KEENE, +
4 DEFENDANT’S WITNESS, PREVIOUSLY HAVING BEEN SWORN, TESTIFIED
5 FURTHER AS FOLLOWS:
6
7 THE COURT: DETECTIVE YOU’RE STILL UNDER OATH.
8 THE WITNESS: YES, SIR.
9 THE COURT: ALL RIGHT. LET’S REPEAT YOUR NAME, HOWEVER,
10 FOR THE BENEFIT OF THE JURORS SO THEY KNOW.
11 THE WITNESS: IT’S JOHNNY KEENE, SPELLED K-E-E-N-E.
12 THE COURT: THANK YOU.
13
14 DIRECT EXAMINATION +
15 BY MR. FELDMAN:
16 Q.: GOOD AFTERNOON, SIR.
17 A.: GOOD AFTERNOON.
18 Q.: WE’VE DISCUSSED JUST BRIEFLY THE SUBJECT MATTER OF
19 YOUR TESTIMONY, IS THAT RIGHT?
20 A.: THIS MORNING, YES.
21 Q.: YES. SIR, I WANT TO JUST ADDRESS TIMES FOR
22 STARTERS, OKAY? BECAUSE I’M NOT CLEAR THAT WE’RE CLEAR ON THE
23 RECORD WHAT TIMES YOU WERE INVOLVED IN THE CASE.
24 SO, WITH REGARD TO THE TIME THAT YOU FIRST MET
25 DAVID WESTERFIELD, THIS WOULD BE FEBRUARY — THAT WOULD BE
26 FEBRUARY THE 4TH, IS THAT RIGHT, SIR?
27 A.: THAT’S CORRECT, A MONDAY MORNING.
28 Q.: CAN YOU PLEASE TELL US WHAT TIME WAS THAT?
7000
1 A.: APPROXIMATELY 9:30 TO 9:40 THAT MORNING.
2 Q.: HOW LONG DID YOU STAY CONTINUOUSLY WITH MR.
3 WESTERFIELD UNTIL YOU LOST VISUAL CONTACT WITH HIM?
4 A.: I WOULD SAY LOST VISUAL CONTACT WITH HIM
5 APPROXIMATELY 11:50, SOMETIME BETWEEN 11:50 AND 12:00 NOON.
6 Q.: DID THERE COME A TIME WHEN YOU RETURNED OR HAD SOME
7 FURTHER CONTACT ON THE 4TH WITH MR. WESTERFIELD?
8 A.: YES.
9 Q.: CAN YOU TELL US WHAT TIME THAT WAS, PLEASE?
10 A.: WE ACTUALLY HAD NEXT CONTACT WITH HIM SHORTLY
11 THEREAFTER WHEN WE RETURNED TO HIS HOUSE. I BELIEVE THAT WAS
12 WHEN THE DOGS WENT THROUGH HIS HOUSE.
13 Q.: I’M SORRY, YOU SAID SHORTLY THEREAFTER.
14 AS BEST YOU CAN RECOLLECT, AT WHAT TIME ARE YOU
15 REFERRING TO?
16 A.: WELL, APPROXIMATELY 20, 25 MINUTES LATER. THE TIME
17 IT TOOK TO DRIVE FROM SKYRIDGE BACK TO HIS HOUSE.
18 Q.: OKAY.
19 SO BETWEEN I THINK YOU JUST TOLD ME 11:50 TO 12:00,
20 SO NOW WE’RE TALKING LIKE 12:20 TO 12:30-ISH?
21 A.: APPROXIMATELY.
22 Q.: HOW LONG WERE YOU WITH MR. WESTERFIELD WHILE THE
23 DOGS HAPPENED OR DIDN’T?
24 A.: I ACTUALLY WASN’T. I STOOD OUT IN THE
25 DRIVEWAY/SIDEWALK AREA, AND I DON’T RECALL HAVING MUCH CONTACT,
26 IF ANY, WITH HIM AT THAT POINT.
27 Q.: TO YOUR KNOWLEDGE, WAS MR. WESTERFIELD PRESENT,
28 THOUGH, AT THE RESIDENCE?
7001
1 A.: YES, HE WAS.
2 Q.: ALL RIGHT.
3 AT WHAT TIME DID YOU THEN — IF — WAS THERE A TIME
4 THAT YOU LEFT MR. WESTERFIELD’S RESIDENCE AND WERE NO LONGER AT
5 LEAST WITHIN EYESIGHT OF HIM?
6 A.: I BELIEVE ON THAT PARTICULAR INCIDENT WE WERE ONLY
7 THERE 40 TO 45 MINUTES. THEN WE LOST CONTACT WITH HIM AGAIN.
8 Q.: I THINK YOU TOLD US ON DIRECT, OR WHEN LAST YOU
9 WERE HERE, YOU WENT BACK TO THE STATION, IS THAT RIGHT?
10 A.: CORRECT. ACTUALLY, I BELIEVE DETECTIVE PARGA AND I
11 WENT AND HAD LUNCH BEFORE WE WENT BACK TO THE STATION, YES.
12 Q.: BUT AT SOME POINT YOU WERE DIRECTED BY YOUR
13 SUPERIORS TO GO BACK AND GET MR. WESTERFIELD; IS THAT CORRECT,
14 SIR?
15 A.: WELL, WE WERE ASKED TO GO BACK AND SPEAK WITH HIM
16 AND SEE IF HE’D BE WILLING TO COME TALK WITH US.
17 Q.: HE AGREED TO COME TALK WITH YOU, IS THAT RIGHT?
18 A.: HE DID.
19 Q.: APPROXIMATELY WHAT TIME WAS THAT?
20 A.: IT WAS APPROXIMATELY 3:30 IN THE AFTERNOON.
21 Q.: THEN YOU WERE WITH HIM OR EITHER FOLLOWED HIM OR
22 WATCHED HIM AS HE WENT TO NORTHEASTERN; IS THAT CORRECT?
23 A.: HE FOLLOWED US, YES.
24 Q.: AND ARRIVED AT NORTHEASTERN AT APPROXIMATELY WHAT
25 TIME?
26 A.: WELL, WE — IF I RECALL, WE ARRIVED AT HIS HOUSE
27 APPROXIMATELY 3:30 AND WE TALKED WITH HIM FOR ABOUT 10 MINUTES
28 BEFORE WE ACTUALLY LEFT HIS HOUSE. AND IT TAKES PROBABLY
7002
1 ANOTHER 10 MINUTES TO GET BACK TO THE NORTHEASTERN SUBSTATION.
2 SO I WOULD SAY BY 10 MINUTES TILL 4:00 TO 4 O’CLOCK WE WERE BACK
3 AT THE NORTHEASTERN SUBSTATION.
4 Q.: AT SOME POINT DID YOU THEN MAKE ARRANGEMENTS OR
5 BECOME AWARE THAT HE WAS GOING TO SPEAK TO MR. REDDEN?
6 A.: YES.
7 Q.: AFTER HIS COMMUNICATION WITH MR. REDDEN DID YOU
8 ONCE AGAIN HAVE CONTACT WITH MR. WESTERFIELD?
9 A.: YES.
10 Q.: WAS THAT AT THE NORTHEASTERN STATION?
11 A.: YES, IT WAS.
12 Q.: CAN YOU PLEASE TELL ME WHAT TIME WAS THAT, AS BEST
13 YOU CAN RECOLLECT IT?
14 A.: TO THE BEST OF MY RECOLLECTION, IT WAS PROBABLY
15 9:00 OR 9:30 THAT EVENING.
16 Q.: DID YOU STAY IN CONTINUOUS CONTACT WITH MR.
17 WESTERFIELD FROM 9:30 UNTIL A PARTICULAR TIME?
18 A.: I BELIEVE UNTIL ABOUT 11:15 TO 11:30 THAT EVENING.
19 Q.: AND AT THAT TIME DID YOU JUST BID HIM ADIEU, DID
20 YOU GO HOME, WHAT DID YOU DO, SIR?
21 A.: I LEFT THE ROOM THAT HE WAS IN AT THAT TIME AND I
22 BELIEVE ANOTHER DETECTIVE WALKED WITH HIM OUT TO THE PARKING LOT
23 WHEN HE LEFT.
24 Q.: DO YOU RECALL THAT DETECTIVE’S NAME?
25 A.: YOU KNOW, I DON’T KNOW FOR SURE. I THINK IT WAS
26 DETECTIVE PARGA BUT I DON’T KNOW FOR SURE.
27 Q.: WHEN IS THE NEXT TIME YOU SAW MR. WESTERFIELD?
28 A.: IN PERSON WAS IN COURT.
7003
1 Q.: OKAY.
2 SO YOU HAD NO FURTHER PERSONAL CONTACT WITH MR.
3 WESTERFIELD UNTIL COURT?
4 A.: THAT IS CORRECT.
5 Q.: FOLLOWING YOU JUST TOLD ME ABOUT 11:30 P.M. OR SO?
6 A.: ABOUT THERE, YES.
7 Q.: THEN, OKAY, WE’RE DONE WITH THE TIME LINE INSOFAR
8 AS THAT’S CONCERNED.
9 WHEN LAST YOU WERE HERE I ASKED YOU A QUESTION
10 CONCERNING GARRY HARVEY. DO YOU RECALL THAT, SIR?
11 A.: YES.
12 Q.: AND I TALKED WITH YOU THIS MORNING ABOUT THIS
13 PARTICULAR ISSUE, IS THAT RIGHT, SIR?
14 A.: THAT’S CORRECT.
15 Q.: ON DIRECT EXAMINATION OR CROSS-EXAMINATION WHEN
16 LAST YOU WERE HERE YOU WERE ASKED A QUESTION ABOUT WHETHER OR
17 NOT YOU COULD RECALL IF WHEN MR. WESTERFIELD WAS TALKING TO YOU
18 HE CHECKED HIS COMPUTER TO SEE WHETHER OR NOT HE COULD COME UP
19 WITH THE NAME GARRY HARVEY, AND I BELIEVE YOU ANSWERED NO,
20 THAT’S MY RECOLLECTION. DOES THAT SOUND ABOUT RIGHT, SIR?
21 A.: YEAH. I BELIEVE THAT I TESTIFIED I DID NOT RECALL
22 HIM FINDING THE NUMBER AT THAT TIME, YES.
23 Q.: SINCE THEN HAVE YOU HAD AN OPPORTUNITY TO REVIEW
24 NOTES THAT YOU HAD TAKEN?
25 A.: AT YOUR DIRECTION, YES, SIR, I DID.
26 Q.: DID I ASK YOU TO TAKE A LOOK AT A PARTICULAR PAGE
27 OF YOUR NOTES?
28 A.: YES.
7004
1 Q.: DID YOU DO SO?
2 A.: I DID.
3 Q.: AS A RESULT OF LOOKING AT A PARTICULAR PAGE OF YOUR
4 NOTES, HAS YOUR OPINION CHANGED, OR HAS YOUR RECOLLECTION BEEN
5 REFRESHED AS TO WHETHER OR NOT HE, IN FACT, SAID GARRY AND GAVE
6 A PHONE NUMBER?
7 A.: WELL, LET’S PUT IT THIS WAY. ON MY NOTES THERE IS
8 THE NAME GARRY WITH A PHONE NUMBER. BUT AS I POINTED OUT TO YOU
9 THIS MORNING, THAT NAME AND PHONE NUMBER IS WRITTEN IN DETECTIVE
10 PARGA’S HANDWRITING.
11 Q.: BUT CAUSES YOU TO FORM THE OPINION THAT MR.
12 WESTERFIELD DID, IN FACT —
13 MR. DUSEK: OBJECTION, SPECULATION.
14 THE COURT: LET’S HEAR THE QUESTION.
15
16 BY MR. FELDMAN:
17 Q.: — CAUSES YOU THE OPINION THAT MR. WESTERFIELD DID,
18 IN FACT, COMMUNICATE MR. HARVEY’S PHONE NUMBER?
19 THE COURT: OVERRULED.
20 YOU MAY ANSWER.
21 THE WITNESS: YES.
22 THE COURT: ALL RIGHT.
23 MR. FELDMAN: NOTHING FURTHER AT THIS TIME.
24
25 CROSS-EXAMINATION +
26 BY MR. DUSEK:
27 Q.: DID YOU CHECK THE PHONE NUMBER?
28 A.: I DID NOT PERSONALLY, NO.
7005
1 Q.: DO YOU KNOW WHEN THAT PHONE NUMBER WAS GATHERED?
2 A.: I’M NOT SURE I UNDERSTAND.
3 Q.: YOU WEREN’T THE ONE WHO WROTE IT DOWN?
4 A.: NO, I WAS NOT.
5 Q.: YOU DO NOT KNOW IF IT CAME OUT OF A PHONE BOOK,
6 FROM THE DEFENDANT, FROM HIS COMPUTER, FROM ANY OTHER SOURCE, DO
7 YOU?
8 A.: OF MY PERSONAL KNOWLEDGE, NO.
9 Q.: ALL RIGHT.
10 I THINK YOU TOLD US ABOUT THE CONTACTS YOU HAD WITH
11 MR. WESTERFIELD ON THE 4TH, MONDAY, CORRECT?
12 A.: THAT IS CORRECT.
13 Q.: AND THE FIRST CONTACT I THINK WAS FROM ABOUT 9:30
14 TO 11:50 IN THE MORNING, IS THAT RIGHT?
15 A.: THAT’S APPROXIMATELY RIGHT, YES.
16 Q.: IS THAT THE TIME, IF I REMEMBER RIGHT, YOU SAID YOU
17 HAD GLOVES ON?
18 A.: YES.
19 Q.: BUT THE GLOVES WEREN’T IN YOUR —
20 MR. FELDMAN: SCOPE, RELEVANCE, OBJECTION. SCOPE, YOUR
21 HONOR.
22 THE COURT: YOU WANT TO BE HEARD AT SIDEBAR?
23 MR. DUSEK: YES.
24
25
26
27 (BENCH CONFERENCE NOT A PUBLIC RECORD.)
28
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5 (THE FOLLOWING PROCEEDINGS WERE HELD IN
OPEN COURT IN THE PRESENCE OF THE JURY:)
6
7 THE COURT: ALL RIGHT. MR. DUSEK.
8
9 BY MR. DUSEK:
10 Q.: DETECTIVE KEENE, THIS FIRST VISIT TO THE
11 WESTERFIELD HOME, IS THAT WHEN YOU MADE THE QUICK LOOK THROUGH
12 THAT YOU DESCRIBED EARLY IN EARLIER TESTIMONY?
13 A.: YES, IT IS.
14 Q.: IS THAT WHEN YOU TOLD US THAT YOU HAD YOUR GLOVES
15 ON?
16 A.: YES, IT IS.
17 (MARKED FOR ID: = TRIAL EX. 156- PHOTO WESTERFIELD GARAGE)
18 Q.: LET ME SHOW YOU WHAT’S BEEN MARKED AS COURT’S
19 EXHIBIT 156, THIS PHOTOGRAPH.
20 DO YOU RECOGNIZE THAT?
21 A.: YES, I DO.
22 Q.: WHEN WAS THAT TAKEN?
23 A.: THAT WOULD HAVE HAD TO HAVE BEEN TAKEN MONDAY,
24 FEBRUARY 4TH, IN THE MORNING.
25 Q.: ON THIS FIRST VISIT THAT YOU’RE DESCRIBING —
26 A.: YES.
27 Q.: — ARE YOU PICTURED IN THAT PHOTOGRAPH?
28 A.: YES, I AM.
7008
1 Q.: DO YOU HAVE ANYTHING ON YOUR HANDS?
2 A.: YES, I DO.
3 Q.: WHAT?
4 A.: A PAIR OF RUBBER GLOVES.
5 Q.: WHAT IS GOING ON WHEN THIS PHOTOGRAPH WAS BEING
6 TAKEN?
7 MR. FELDMAN: RELEVANCE, OBJECTION.
8 THE COURT: OVERRULED.
9 YOU CAN ANSWER.
10 THE WITNESS: THIS IS THE POINT IN TIME WHEN DETECTIVE
11 PARGA AND I HAD WALKED FROM THE HOUSE INTO MR. WESTERFIELD’S
12 GARAGE AND WE WERE LOOKING THROUGH THE GARAGE.
13 Q.: ALL RIGHT.
14 NOW AFTER YOU LEFT THE HOUSE YOU WENT TO SKYRIDGE
15 TO LOOK AT THE MOTOR HOME?
16 A.: THAT’S CORRECT.
17 Q.: AND YOU LEFT THAT LOCATION AND THE DEFENDANT AT
18 ABOUT WHAT TIME?
19 A.: YOU’RE TALKING LEFT SKYRIDGE?
20 Q.: YES.
21 A.: AT APPROXIMATELY 11:50.
22 Q.: AT 11:50 THE DEFENDANT WAS ABLE TO GO ANYWHERE HE
23 WANTED TO AT THAT POINT?
24 A.: THAT’S CORRECT.
25 MR. FELDMAN: BEYOND THE SCOPE, OBJECTION.
26 THE COURT: OVERRULED. THE ANSWER IS GOING TO STAND
27 ///
28 ///
7009
1 BY MR. DUSEK:
2 Q.: HE COULD GET ANYTHING HE WANTED TO EAT AT THAT TIME
3 IF HE SO CHOSE?
4 A.: CORRECT.
5 Q.: THE NEXT TIME YOU CONTACTED HIM WAS BACK AT HIS
6 HOUSE?
7 A.: CORRECT.
8 Q.: AT ABOUT WHAT TIME?
9 A.: IT TOOK US APPROXIMATELY 20 MINUTES, 20, 25 MINUTES
10 TO DRIVE BACK TO HIS HOUSE, AND I THINK HE ARRIVED WITHIN A FEW
11 MINUTES AFTER WE DID.
12 Q.: HOW LONG WERE YOU WITH HIM ON THAT PERIOD OF TIME?
13 A.: AGAIN, I DON’T THINK MORE THAN 40 TO 45 MINUTES.
14 Q.: AND YOU TOLD US I THINK ON DIRECT THAT THAT CONTACT
15 WAS ABOUT 12:30 — I’M SORRY, 12:20 TO 12:30?
16 A.: APPROXIMATELY.
17 Q.: A 45-MINUTE CONTACT YOU’D SAY?
18 A.: APPROXIMATELY.
19 Q.: AND AFTER YOU LEFT HIM HE WAS STILL AT THE HOUSE?
20 A.: YES, HE WAS.
21 Q.: ABLE TO DO WHATEVER HE CHOSE AT THE HOUSE?
22 A.: YES.
23 Q.: COULD HAVE EATEN HAD HE WANTED TO?
24 A.: YES.
25 Q.: AND YOUR THEN NEXT CONTACT WAS AT ABOUT, WOULD YOU
26 SAY, 3:50 OR 4 O’CLOCK?
27 A.: NO. THE NEXT CONTACT, WE ARRIVED BACK AT HIS HOUSE
28 APPROXIMATELY 3:30 AND THEN SPENT 10 MINUTES OR SO AT HIS HOUSE.
7010
1 Q.: AND HE WAS WITH YOU AND THE OTHER OFFICERS OVER AT
2 THE POLICE STATION TILL AROUND 11:15 OR 11:30?
3 A.: THAT’S CORRECT.
4 MR. DUSEK: THANK YOU, SIR.
5 THE COURT: ALL RIGHT.
6 ANYTHING FURTHER, MR. FELDMAN?
7 MR. FELDMAN: YES.
8
9 REDIRECT EXAMINATION +
10 BY MR. FELDMAN:
11 Q.: SIR, YOU SEE WHAT’S BEEN PREVIOUSLY MARKED PEOPLE’S
12 EXHIBIT 156? THERE’S HANDWRITING ON IT AND IT SAYS IT APPEARS
13 TO HAVE BEEN TAKEN — IS THIS D. MORRIS?
14 A.: YES.
15 Q.: AND IT SAYS 1656. CAN YOU TELL US, IS THAT A TIME
16 REFERENCE?
17 A.: I WOULD SAY THAT IS HIS I. D. NUMBER.
18 Q.: OKAY. SO CAN YOU TELL ME PLEASE WHAT TIME WAS THIS
19 TAKEN?
20 A.: THIS WOULD HAVE BEEN — THE ONLY TIME I WAS IN HIS
21 GARAGE WAS ON THE INITIAL CONTACT THAT MORNING. SO THAT WOULD
22 HAVE HAD TO HAVE BEEN TAKEN SOMETIME BETWEEN ABOUT 10:30 AND
23 11:00, I WOULD GUESS.
24 Q.: WE SEE A MAN INSIDE OF HIS HOUSE. WHO IS THAT?
25 A.: THAT IS SERGEANT JOHN WRAY.
26 Q.: OH. YOU MEAN, MR. WRAY WAS IN THE HOUSE?
27 A.: I BELIEVE I TESTIFIED INITIALLY THAT MR. WRAY WAS
28 STANDING IN THE AREA WHERE THE WASHER AND DRYER WAS, AND THAT’S
7011
1 ABOUT WHERE HE’S STANDING IN THAT PHOTO.
2 Q.: SO — I’M SORRY. SO, ARE YOU TELLING ME, SIR, THAT
3 WITH REGARD TO WHAT WE SEE IN 156 WE SEE A PICTURE OF MR. WRAY?
4 A.: CORRECT.
5 Q.: THAT’S IN THE AREA OF THE WASHER/DRYER?
6 A.: CORRECT. THERE’S A DOORWAY RIGHT WHERE THE WASHER
7 AND DRYER GOES INTO THE GARAGE.
8 Q.: DO YOU SEE ANY SWEAT ON MR. WESTERFIELD’S ARMPITS?
9 A.: NOT AT THAT POINT, NO. NOT IN THAT PHOTO.
10 Q.: WHO IS THE GENTLEMAN — OR A FEMALE ACTUALLY — I
11 CAN’T TELL. WE SEE ANOTHER BODY — OR A HALF A BODY ANYWAY TO
12 THE FAR LEFT — MY LEFT OF THE PHOTO.
13 DO YOU KNOW WHO THAT IS, SIR?
14 A.: NO, I DON’T.
15 Q.: CAN YOU TELL WHETHER OR NOT THAT PERSON HAS
16 ANYTHING UNDER HIS OR HER ARM?
17 A.: NO, I CAN’T TELL.
18 MR. FELDMAN: NO FURTHER QUESTIONS.
19 THANK YOU.
20 THE COURT: ALL RIGHT.
21 ANYTHING FURTHER, MR. DUSEK?
22 MR. DUSEK: NO. THANK YOU.
23 THE COURT: ALL RIGHT. DETECTIVE, ONCE AGAIN, YOUR TIME
24 WITH US IS DONE. YOU’RE STILL SUBJECT TO RECALL. REMEMBER NOT
25 TO DISCUSS YOUR TESTIMONY WITH ANYONE OTHER THAN AS IT RELATES
26 TO YOUR OFFICIAL DUTIES.
27 THE WITNESS: THANK YOU.
28 THE COURT: ALL RIGHT.
7012
1 MR. FELDMAN: YOUR HONOR, I HAVE SEVEN POLICE OFFICERS
2 OUTSIDE, BUT I THINK THIS IS AN APPROPRIATE TIME.
3 THE COURT: OKAY. BECAUSE WE’VE REALLY GOT TO MAKE SURE
4 EVERYBODY ON THE PANEL IS OUT OF HERE AT 4 O’CLOCK.
5 ALL RIGHT. I’VE RECEIVED INQUIRY ABOUT IF YOU
6 CAN’T HEAR HOW SHOULD WE HANDLE IT. WE’LL USE THE INTERNATIONAL
7 SYMBOL, I CAN’T HEAR. SO JUST POINT TO YOUR EAR AND WE’LL GET
8 THE WITNESSES TO EITHER TALK INTO THE MICROPHONE OR I’LL TURN UP
9 THE VOLUME.
10 ALL RIGHT. LADIES AND GENTLEMEN, WE ARE GOING TO
11 BREAK FOR THE EVENING AND WE’LL GET BACK TOGETHER AGAIN. WE’LL
12 BE ABLE TO PUT IN A FULL DAY TOMORROW STARTING AT 9 O’CLOCK.
13 PLEASE REMEMBER THE ADMONITION OF THE COURT NOT TO DISCUSS ANY
14 OF THE EVIDENCE OR TESTIMONY AMONG YOURSELVES OR WITH OTHERS,
15 NOR FORM OR EXPRESS ANY OPINION ON THE CASE UNTIL IT IS
16 SUBMITTED TO YOU FOR DECISION.
17 HOPEFULLY THINGS WILL BE BETTER IN ST. LOUIS
18 TONIGHT. WE’LL SEE YOU ALL AT 9 O’CLOCK TOMORROW MORNING.
19 (AT 3:55 P.M. THE JURY WAS EXCUSED
AND THE FOLLOWING PROCEEDINGS WERE HAD:)
20
21 THE COURT: OKAY. THE RECORD SHOULD REFLECT THE JURORS
22 AND ALTERNATES HAVE LEFT THE COURTROOM.
23 COUNSEL, IS THERE ANYTHING WE NEED TO DISCUSS
24 BEFORE RECESSING?
25 MR. DUSEK: NO.
26 MR. FELDMAN: THERE’S A COUPLE MATTERS. I DON’T KNOW
27 WHETHER YOU WANT TO DEAL WITH THEM PUBLICLY OR PRIVATELY. ONE
28 RELATES TO AN ISSUE THAT WAS ADDRESSED AT SIDEBAR.
7013
1 THE COURT: WELL, YOU WANT TO TAKE IT UP BEFORE TOMORROW
2 MORNING’S SESSION?
3 MR. FELDMAN: NO BECAUSE I THINK IT RELATES TO DISCOVERY.
4 THE COURT: OH, YOU MEAN THE DISCOVERY ISSUE THAT WE JUST
5 DISCUSSED?
6 MR. FELDMAN: YES, YOUR HONOR.
7 THE COURT: I CAN THINK OF NO REASON THAT THE PUBLIC
8 COULDN’T HEAR THIS.
9 ALL RIGHT.
10 MR. FELDMAN: PEOPLE’S EXHIBIT 156 WE HAVE NOT SEEN IN
11 THAT SIZE NOR LEGIBLY EVER. APPARENTLY IT’S BEEN REPRESENTED
12 THAT A XEROX COPY WAS PROVIDED TO THE DEFENSE OF THUMBNAIL
13 SKETCH SIZE THAT WASN’T REFERENCED. IF SO, I’D LIKE A DISCOVERY
14 PAGE NUMBER. THE COURT’S AWARE WE’RE AT LEAST AT ELEVEN
15 THOUSAND AND SOME AND COUNTING. I HAVE NOT SEEN NOR ANYBODY AT
16 DEFENSE COUNSEL HAS SEEN THAT PICTURE BEFORE. IF IT EXISTS, WE
17 ARE ON THE RECORD OF HAVING FILED FORMAL DISCOVERY MOTIONS. WE
18 HAVE SENT LETTERS. I MAKE NO ALLEGATIONS. I JUST REQUEST THE
19 PROSECUTION, IF THEY’VE GOT THEM, GIVE THEM TO US BEFORE, SO
20 THAT WE CAN UTILIZE THEM FOR FAIR PREPARATION OF OUR CASE AT
21 TRIAL.
22 THE COURT: ALL RIGHT.
23 MR. DUSEK.
24 MR. DUSEK: I BELIEVE THIS PHOTO WAS PROVIDED TO THE
25 DEFENSE IN A DIGITAL — ACTUALLY, ALL OF THE PHOTOGRAPHS WERE
26 DIGITALLY PUT ONTO A PIECE OF PAPER AND ATTACHED TO DETECTIVE
27 MORRIS’ REPORT. I DO NOT HAVE THAT NOTEBOOK WITH ME THAT HAS IT
28 WITH IT. WE PROBABLY HAVE THE RECEIPT UPSTAIRS AND A COPY OF
7014
1 THE DISCOVERY ITSELF, WHICH SHOWS ALL OF THE PHOTOGRAPHS THAT
2 WERE ATTACHED TO DETECTIVE MORRIS’ REPORT.
3 THE COURT: DO YOU ANTICIPATE — I MEAN, I AM GETTING THE
4 IMPRESSION THAT WHAT WE’VE GOT IS A SMALL PHOTO THAT HAS BEEN
5 BLOWN UP.
6 MR. DUSEK: YES.
7 THE COURT: CORRECT?
8 MR. DUSEK: THIS IS A DIGITAL PHOTO THAT WAS ENLARGED.
9 THE COURT: ALL RIGHT. NOW HOW BIG A PHOTOGRAPH ARE WE
10 TALKING ABOUT? I MEAN, CAN YOU SEE IT?
11 MR. DUSEK: I BELIEVE SO.
12 THE COURT: ALL RIGHT.
13 MR. BOYCE: YOUR HONOR, I RECALL THAT WE DID RECEIVE A
14 ONE-PAGE XEROX COPY OF I DON’T KNOW HOW MANY PHOTOGRAPHS THERE
15 WERE. THEY APPEAR TO BE DIGITAL PHOTOGRAPHS. THERE WERE MAYBE
16 A TWO-INCH SQUARE EACH PHOTOGRAPH AND THERE MAY BE TEN TO 12
17 PHOTOGRAPHS.
18 AND AFTER RECEIVING THAT, I KNOW I REQUESTED, AND I
19 FORGET WHO IT WAS I REQUESTED IT OF, THAT DETECTIVE, I BELIEVE
20 IT WAS MORRIS, THAT HAD TAKEN THESE PHOTOGRAPHS THAT WE BE
21 PROVIDED WITH VIEWABLE COPIES OF THE PHOTOGRAPHS AND I NEVER
22 HEARD ANYTHING. I WAS TOLD THAT THEY WERE CHECKING TO SEE IF
23 MORRIS ACTUALLY STILL HAD THESE PHOTOGRAPHS.
24 THE COURT: WELL, I GUESS IT COMES DOWN TO ME DECIDING
25 WHAT A VIEWABLE COPY IS. SO BRING IT IN TOMORROW MORNING, I’LL
26 LOOK AT IT TO DETERMINE IF IT’S VIEWABLE.
27 MR. FELDMAN: YOUR HONOR, OUR REQUEST WOULD JUST BE THAT
28 THE COURT DIRECT THE PROSECUTION TO EITHER GIVE US A DISK, IN
7015
1 WHICH CASE WE CAN DO IT, OR GIVE US COPIES SO THAT WE HAVE
2 PHOTOS SO THAT WE CAN BE PREPARED TO PRESENT OUR CASE. THAT’S
3 ALL.
4 THE COURT: WELL, DO YOU HAVE A DISK? DO YOU HAVE THE
5 DISK?
6 MR. DUSEK: I DON’T — I DON’T THINK WE DO AS THE
7 DISTRICT ATTORNEY’S OFFICE. I THINK WE WERE GIVEN THE LITTLE
8 SMALLER VERSIONS FROM MORRIS. WE CAN MAKE THE INQUIRIES
9 TONIGHT.
10 THE COURT: ALL RIGHT.
11 SO TOMORROW MORNING WE’LL MEET. I’LL LOOK AT IT TO
12 SEE IF IT’S A LEGIBLE COPY, AND THEN YOU CAN ALSO UPDATE US AS
13 TO WHETHER OR NOT YOU JUST TURN THE DISK OVER TO THE DEFENSE.
14 OKAY.
15 MR. FELDMAN: THANK YOU.
16 THE COURT: WE’LL BE IN RECESS UNTIL A LITTLE BEFORE 9:00
17 TOMORROW WITH COUNSEL AND THE DEFENDANT.
18
19 (AT 3:59 P.M. AN ADJOURNMENT WAS TAKEN
UNTIL 9:00 A.M. WEDNESDAY, JULY 3, 2002.)
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