03074 – July 3rd 2002 – Transcript of David Westerfield Trial Day 16 – afternoon 2

The full Marcus Lawson report on what he found on Westerfield’s computers is available here
TRIAL DAY 16 – PART 4- afternoon 2
SAN DIEGO, CALIFORNIA, TUESDAY, JULY 3, 2002, (afternoon 2)


WITNESSES:
Marcus Lawson (President of Global Compusearch, testified about what was on Westerfield’s computer drives, zip, cds – Cross-examination continued)
Cherokee Youngs (testified about the night of Feb 1st at Dad’s cafe)
Lucious Mobley (detective police officer, interviewed Cherokee Youngs)
Glennie Nasland (testified about the night of Feb 1st at Dad’s cafe, Westerfield dancing with Denise, sexual remarks made by Brenda Van Dam)


7187

1 THE COURT: OKAY. WELCOME BACK, LADIES AND GENTLEMEN.

2 ALL RIGHT, MR. FELDMAN.

3 MR. FELDMAN: NO FURTHER QUESTIONS. THANK YOU.

4 THE COURT: ALL RIGHT.

5 ANYTHING FURTHER, MR. CLARKE?

6 MR. CLARKE: BRIEFLY, YOUR HONOR.

7

8 RECROSS-EXAMINATION +

9 BY MR. CLARKE:

10 Q.: MR. LAWSON, THERE WERE BUSINESS TYPE FILES NOT ONLY

11 ON THE TWO COMPUTERS IN THE OFFICE BUT ALSO ON THE GATEWAY,

12 CORRECT?

13 MR. FELDMAN: VAGUE AS TO BUSINESS TYPE, YOUR HONOR.

14 THE COURT: OVERRULED.

15 YOU CAN ANSWER.

16 THE WITNESS: I BELIEVE I RECALL THAT, YES.

17

18 BY MR. CLARKE:

19 Q.: BY BUSINESS FILE — AND PERHAPS WE SHOULD DEFINE

20 THAT A LITTLE BIT. IS IT CORRECT TO SAY THAT ON THESE THREE

21 COMPUTERS THERE WERE FILES THAT APPEARED RELATED TO ENGINEERING

22 AND MATTERS OF A SIMILAR TYPE?

23 A.: YES. THAT IS VERY CORRECT.

24 Q.: WHEN ONE SAVES A FILE LIKE THAT DOES ONE HAVE TO

25 TYPE IN A NAME FOR THE FILE?

26 A.: GENERALLY, YES.

27 Q.: AND IF THEY’RE PRECEDED BY IEA, THE PERSON HAD TO

28 TYPE THAT IN, DIDN’T THAT PERSON?

7188

1 A.: ON A TEXT TYPE DOCUMENT, YES.

2 Q.: HOW ABOUT — AND I DON’T KNOW, I’VE HEARD THE TERM

3 CAD, WHAT’S CAD?

4 A.: COMPUTER AIDED DESIGN.

5 Q.: ARE THERE OR IS THERE SOFTWARE THAT ONE CAN — I’M

6 SORRY, ARE THERE CAD TYPE SOFTWARE?

7 A.: THERE IS CAD TYPE SOFTWARE.

8 Q.: AND WHEN ONE SAVES SUCH A FILE ONE HAS TO TYPE IN

9 SOMETHING, CORRECT?

10 A.: I’M SORRY, I’VE NEVER — I’VE NEVER EVEN OPENED ANY

11 CAD SOFTWARE. I DON’T KNOW.

12 Q.: ALL RIGHT.

13 IS THERE SOFTWARE RELATED TO BUSINESS OTHER THAN

14 TEXT TYPE SOFTWARE THAT YOU EVEN FEEL COMFORTABLE TALKING ABOUT?

15 A.: SURE. LIKE EXCEL SPREAD SHEETS AND THINGS LIKE

16 THAT, SURE.

17 Q.: ALL RIGHT.

18 IF ONE SAVES A FILE AS AN EXCEL SPREAD SHEET ONE

19 HAS TO TYPE IN THE NAME OF THAT FILE TO SAVE IT, CORRECT?

20 A.: CORRECT.

21 Q.: IF IT’S A FILE THAT STARTS WITH IEA, THAT PERSON

22 HAD TO TYPE IN IEA, CORRECT?

23 A.: CORRECT.

24 Q.: THAT IEA PREFIX IS ALSO ATTACHED AS A — WELL, AS A

25 PREFIX TO IMAGES OF CHILDREN UNDER 18 IN THE LOOSE MEDIA,

26 CORRECT?

27 A.: CORRECT.

28 Q.: YOU CANNOT TELL US HOW MANY BUSINESS FILES THERE

.

7189

1 WERE ON THE TWO IN THE OFFICE AND THE GATEWAY BECAUSE YOU DIDN’T

2 MAKE ANY NOTE OF THAT, CORRECT?

3 A.: CORRECT.

4 Q.: THE EXHIBIT 142 — I’M SORRY, IS IT IN FRONT OF

5 YOU?

6 A.: YES.

7 Q.: I BELIEVE MR. FELDMAN ASKED YOU ABOUT THAT IN

8 RELATIONSHIP TO FEBRUARY 4TH AND, I’M SORRY, CAN YOU TELL US

9 WHAT TIME?

10 A.: 4:47.

11 Q.: OR — HATE TO DO IT BUT WOULD THAT BE 1647 HOURS?

12 A.: YES.

13 Q.: ALL RIGHT.

14 IS IT YOUR TESTIMONY THAT THAT WAS AN ACTUAL SITE

15 VISIT?

16 A.: NO.

17 Q.: ALL RIGHT.

18 IF I CAN TURN — IF IT WASN’T A SITE VISIT WHAT WAS

19 IT?

20 A.: THIS IS AN IMAGE FROM A SITE THAT WAS VISITED.

21 Q.: OKAY. WELL, ALL RIGHT. FINE.

22 IS IT YOUR TESTIMONY THAT THAT EXHIBIT REFLECTS —

23 AND I REALIZE IT’S A SCREEN PRINT, IS THAT RIGHT?

24 A.: THAT’S CORRECT.

25 Q.: IS IT YOUR TESTIMONY THAT THAT EXHIBIT REFLECTS AN

26 ACTUAL SITE VISIT?

27 A.: YES.

28 Q.: ISN’T IT CORRECT THAT THERE WAS NO SITE VISIT AT

.

7190

1 THAT DAY AND TIME?

2 A.: ACCORDING TO MY ANALYSIS THERE WAS.

3 Q.: THE C. D.S IN THE LOOSE MEDIA, AS WE’VE USED THAT

4 TERM, YOU COULD HAVE LOOKED AT THEM AT THE R. C. F. L., CORRECT?

5 MR. FELDMAN: THAT’S BEEN ASKED AND ANSWERED.

6 MR. DUSEK: NO FURTHER QUESTIONS.

7 THE COURT: ANYTHING FURTHER.

8 MR. FELDMAN: NO, YOUR HONOR.

9 THE COURT: IS THE EXPERT TO BE EXCUSED?

10 MR. CLARKE: NO OBJECTION.

11 MR. FELDMAN: NO OBJECTION.

12 THE COURT: ALL RIGHT, SIR. YOUR TIME WITH US IS DONE.

13 PLEASE REMEMBER YOU’RE UNDER AN ADMONITION NOT TO DISCUSS YOUR

14 TESTIMONY WITH ANY INDIVIDUALS UNTIL THE MATTER’S CONCLUDED, ALL

15 RIGHT?

16 THE WITNESS: I UNDERSTAND.

17 MR. DUSEK: JUST THE WITNESS WAS GOING TO COMPLY WITH THE

18 REQUEST THAT WE SPOKE ABOUT EARLIER.

19 THE COURT: AND IF YOU COME UPON ADDITIONAL INFORMATION,

20 MAKE SURE MR. FELDMAN’S CONTACTED?

21 THE WITNESS: YES, SIR.

22 THE COURT: ALL RIGHT. YOU WANT TO HAND THOSE TWO

23 EXHIBITS TO — WELL, OPHELIA’S AS GOOD AS ANYONE. THANK YOU.

24 THE WITNESS: THANK YOU, YOUR HONOR.

25 THE COURT: MR. FELDMAN.

26 MR. FELDMAN: YOUR HONOR, COULD WE SIDEBAR?

27 THE COURT: SURE. OPHELIA.

28 (BENCH CONFERENCE NOT PUBLIC RECORD.)
7191

1

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9

10

11

12

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14

15

16

17

18

19

20 (THE FOLLOWING PROCEEDINGS WERE HELD IN
OPEN COURT IN THE PRESENCE OF THE JURY:)
21

22 -CHEROKEE YOUNGS, +

23 DEFENDANT’S WITNESS, HAVING BEEN SWORN, TESTIFIED AS FOLLOWS:

24

25 THE COURT: PLEASE HAVE A SEAT, MA’AM.

26 THE CLERK: MA’AM, WOULD YOU PLEASE STATE YOUR NAME AND

27 SPELL IT FOR THE RECORD?

28 THE WITNESS: CHEROKEE YOUNG, C-H-E-R-O-K-E-E,

.

7192

1 Y-O-U-N-G-S.

2 MR. FELDMAN: PROCEED, YOUR HONOR?

3 THE COURT: YES.

4

5 DIRECT EXAMINATION +

6 BY MR. FELDMAN:

7 Q.: GOOD AFTERNOON, MA’AM.

8 A.: HI.

9 Q.: I’D LIKE TO DIRECT YOUR ATTENTION TO FEBRUARY THE

10 1ST, IT WAS A FRIDAY NIGHT IN THE EVENING HOURS.

11 DID YOU HAVE OCCASION TO GO TO DAD’S NIGHTCLUB IN

12 POWAY?

13 A.: YES.

14 Q.: HAD YOU BEEN TO DAD’S NIGHTCLUB BEFORE FEBRUARY THE

15 1ST?

16 A.: YES.

17 Q.: BEFORE YOU CAME TO COURT TODAY HAVE YOU REVIEWED

18 ANYTHING TO HELP YOU REMEMBER WHAT HAPPENED?

19 A.: JUST MY STATEMENT THAT I RECEIVED BEFORE.

20 Q.: JUST YOUR STATEMENT. YOU MEAN A POLICE REPORT?

21 A.: THE POLICE REPORT AND YOUR STATEMENT.

22 Q.: MEANING A REPORT FROM MARIAN PASAS?

23 A.: RIGHT.

24 Q.: SO YOU WERE GIVEN COPIES OF THE POLICE REPORT THAT

25 YOU MADE — OR OF THE STATEMENT AT LEAST THAT YOU MADE TO THE

26 POLICE?

27 A.: YES.

28 Q.: AND YOU WERE GIVEN COPIES OF THE STATEMENT YOU MADE

.

7193

1 TO THE DEFENSE?

2 A.: YES.

3 Q.: ALL RIGHT.

4 CAN YOU TELL ME APPROXIMATELY WHAT TIME YOU ARRIVED

5 AT DAD’S CAFE ON THE 1ST OF FEBRUARY?

6 A.: I CAN’T RECALL THE EXACT TIME.

7 Q.: WAS IT SOMEWHERE BETWEEN 9:30 AND 10:30?

8 A.: NO.

9 Q.: WOULD LOOKING AT YOUR REPORT PERHAPS REFRESH YOUR

10 RECOLLECTION?

11 A.: NO.

12 Q.: OKAY.

13 WHAT TIME DO YOU THINK IT WAS?

14 A.: IT WAS AFTER 10:30.

15 Q.: OKAY.

16 A.: IT WAS PROBABLY AFTER 11:30.

17 Q.: OKAY.

18 WHO WERE YOU WITH?

19 A.: MY MOTHER.

20 Q.: DO YOU RECALL SEEING ANY FEMALES AT THE BAR THAT

21 EVENING BEHAVING IN MANNERS THAT DREW YOUR ATTENTION?

22 A.: YES.

23 Q.: HOW MANY FEMALES?

24 A.: A FEW, JUST A COUPLE.

25 Q.: I’M SORRY, YOU SAID A FEW AND A COUPLE.

26 A.: WELL, TWO OR THREE.

27 Q.: ARE YOU A LITTLE NERVOUS?

28 A.: YES.

.

7194

1 Q.: I CAN SLOW DOWN. WE CAN SLOW DOWN. ALL THAT

2 MATTERS IS THAT YOU ARE ACCURATE, OKAY?

3 A.: OKAY.

4 Q.: THERE’S WATER UP THERE ALSO IF YOU CARE.

5 A.: OKAY. THANKS.

6 Q.: HAVE YOU BECOME ACQUAINTED WITH INDIVIDUALS BY THE

7 NAME — OR ARE YOU FAMILIAR WITH WHO BARBARA EASTON, DENISE

8 KEMEL AND BRENDA VAN DAM ARE?

9 A.: I AM NOW.

10 Q.: ON THE EVENING OF FEBRUARY 1ST DID YOU SEE THOSE

11 WOMEN IN DAD’S BAR?

12 A.: YES.

13 Q.: CAN YOU DESCRIBE THEIR BEHAVIOR?

14 MR. DUSEK: VAGUE AS TO WHICH ONE, OBJECTION.

15 THE COURT: LET’S BE SPECIFIC IF WE CAN, COUNSEL.

16

17 BY MR. FELDMAN:

18 Q.: CAN YOU BE SPECIFIC AS TO DESCRIBING EACH OF THEIR

19 BEHAVIORS — OR YOU TELL ME?

20 A.: I CAN’T SAY EACH OF THEIR BEHAVIORS WERE ANY

21 DIFFERENT THAN THE OTHERS.

22 Q.: OKAY.

23 A.: THEY WERE ALL JUST PARTYING, HAVING A GOOD TIME.

24 Q.: YOU USED THE WORD “PARTYING.” WHAT DOES THAT MEAN

25 TO YOU?

26 A.: WELL, WE’RE IN A BAR, SO THEY WERE DRINKING AND

27 DANCING AND PARTYING.

28 Q.: OKAY. I’M SORRY. WHAT’S DRINKING AND DANCING AND

.

7195

1 PARTYING, WHAT DOES THAT MEAN?

2 A.: DRINKING AND DANCING IS WHAT I CONSIDER PARTYING.

3 Q.: OKAY.

4 DO YOU RECALL SEEING WHETHER OR NOT THE WOMEN WERE

5 ACTUALLY HAVING ALCOHOLIC BEVERAGES?

6 A.: I DIDN’T RECALL. I DIDN’T NOTICE THAT.

7 Q.: DID ANYBODY ENGAGE IN ANY KIND OF SEXUALLY

8 AGGRESSIVE BEHAVIORS IN THE BAR?

9 A.: YES.

10 Q.: WHO WAS THAT?

11 A.: BARBARA.

12 Q.: AND DID SHE TOUCH YOU IN ANY PARTICULAR WAY?

13 A.: WHEN I FIRST SAW HER SHE GRABBED MY HANDS AND TRIED

14 TO DANCE WITH ME.

15 Q.: HOW DID THAT MAKE YOU FEEL?

16 MR. DUSEK: OBJECTION, RELEVANCY FOR HER.

17 THE COURT: SUSTAINED.

18

19 BY MR. FELDMAN:

20 Q.: WERE YOU ALSO APPROACHED BY BRENDA?

21 A.: LATER IN THE EVENING, YEAH.

22 Q.: WHAT, IF ANYTHING, DID SHE SAY TO YOU?

23 A.: SHE — BARBARA APPROACHED ME, AND THEN LATER ON

24 BRENDA HAD APPROACHED ME ALONG WITH BARBARA WHEN I WAS WITH MY

25 FRIEND RYAN.

26 Q.: WHEN YOU WERE WITH YOUR FRIEND RYAN?

27 A.: UM-HMM.

28 Q.: WHAT DID BRENDA SAY WHEN YOU WERE WITH YOUR FRIEND

.

7196

1 RYAN

2 A.: SHE ASKED BARBARA WHO THESE TWO PEOPLE WERE, AND

3 BARBARA SAID SHE DIDN’T KNOW OUR NAMES SO SHE DIDN’T SAY OUR

4 NAMES, AND WE WERE JUST KIND OF WALKING AWAY AND SHE SAID ARE

5 YOU TOGETHER, OR SOMETHING LIKE THAT, AND I SAID YES. AND THEN

6 BRENDA HAD MADE A COMMENT SAYING I’D LIKE TO TAKE THESE TWO

7 HOME, I WOULDN’T MIND TAKING THESE TWO HOME.

8 Q.: BRENDA HAD MADE A COMMENT I WOULDN’T MIND TAKING

9 THESE TWO HOME? DID SHE MAKE THAT COMMENT TO YOU?

10 A.: TO ME AND TO RYAN.

11 Q.: WAS THAT AN INVITATION TO GO HOME?

12 MR. DUSEK: OBJECTION, SPECULATION.

13 THE COURT: SUSTAINED.

14

15 BY MR. FELDMAN:

16 Q.: WHAT DID YOU UNDERSTAND, IF ANYTHING, WAS BEING

17 ASKED OF YOU?

18 MR. DUSEK: OBJECTION, SPECULATION.

19 THE COURT: OVERRULED. YOU CAN ANSWER.

20 THE WITNESS: FOR US TO GO HOME WITH THEM, I GUESS.

21

22 BY MR. FELDMAN:

23 Q.: I’M SORRY. HOME WITH THEM, WHAT DOES THAT MEAN?

24 WHOSE THEM? WHERE IS HOME?

25 MR. DUSEK: OBJECTION, SPECULATION.

26 THE COURT: SUSTAINED.

27

28 BY MR. FELDMAN:

.

7197

1 Q.: DID BRENDA SPECIFICALLY INDICATE TO YOU THE PURPOSE

2 OF HER INVITATION FOR YOU TO COME HOME?

3 A.: NO.

4 Q.: DIDN’T SHE TELL YOU THAT SHE WANTED YOU TO GO TO

5 HER HOUSE AND PARTY WITH THEM?

6 A.: SHE SAID THAT LATER ON IN THE EVENING.

7 Q.: THERE WAS MORE THAN ONE TIME THAT YOU WERE ASKED TO

8 GO TO BRENDA’S HOUSE THEN?

9 A.: YES.

10 Q.: THERE WAS MORE THAN ONE TIME YOU WERE ASKED TO GO

11 TO BRENDA’S HOUSE THAT NIGHT BY BRENDA?

12 A.: RIGHT.

13 MR. DUSEK: OBJECTION, MISSTATES THE EVIDENCE.

14 THE COURT: OVERRULED.

15 YOU CAN ANSWER THAT YES OR NO.

16 THE WITNESS: YES.

17

18 BY MR. FELDMAN:

19 Q.: THE FIRST TIME BRENDA ASKED YOU TO GO TO HER HOUSE,

20 I’M SORRY, WHEN WAS THAT, MA’AM?

21 A.: WELL, RYAN AND I WERE WALKING TOWARDS THE OUTDOOR

22 PATIO. THAT’S WHEN BARBARA HAD SAID — GOT HER ATTENTION

23 TOWARDS RYAN AND I, AND THEN BRENDA SAID I WOULDN’T MIND TAKING

24 THESE TWO HOME, OR SOMETHING LIKE THAT. AND WE JUST WERE LIKE

25 OH ‘KAY. AND SHE DIDN’T NECESSARILY SAY COME HOME WITH ME NOW

26 OR ANYTHING LIKE THAT. SHE JUST SAID I WOULDN’T MIND TAKING

27 THESE TWO HOME.

28 Q.: THAT WAS THE FIRST TIME?

.

7198

1 A.: RIGHT.

2 Q.: WHAT HAPPENED — HOW MUCH TIME LAPSE WOULD YOU

3 ESTIMATE BETWEEN THE FIRST TIME THE INVITE CAME AND THE SECOND

4 TIME THE INVITE CAME?

5 A.: I HAVE NO IDEA. IT WASN’T RIGHT AWAY. IT WAS

6 LATER ON IN THE EVENING.

7 Q.: WERE YOU DRINKING?

8 A.: YES.

9 Q.: DO YOU RECALL HOW MUCH YOU HAD TO DRINK?

10 A.: A COUPLE COCKTAILS.

11 Q.: I’M SORRY. WE HEAR THE WORD “COUPLE,” WHAT?

12 A.: OKAY, TWO.

13 Q.: WHAT KIND OF COCKTAILS WERE YOU DRINKING?

14 A.: I DON’T REMEMBER WHAT I WAS DRINKING THAT NIGHT.

15 Q.: THE SECOND TIME THAT BRENDA ASKED YOU TO COME OR DO

16 SOMETHING WAS WHEN?

17 A.: I’M SORRY?

18 Q.: YOU SAID THERE WERE TWO OCCASIONS. I’M JUST TRYING

19 TO MOVE YOU TO THE SECOND OCCASION THAT BRENDA SAID ANYTHING TO

20 YOU.

21 A.: WHEN WE WERE OUTSIDE IN THE PATIO SITTING THERE SHE

22 WAS TALKING ABOUT HAVING SOME FRIENDS OVER AFTER THE BAR CLOSED,

23 AND SO SHE INVITED US OVER AND WE SAID NO.

24 Q.: HAD YOU EVER MET HER BEFORE THAT NIGHT?

25 A.: NO.

26 Q.: HAD YOU EVER MET RYAN BEFORE THAT NIGHT?

27 A.: NO.

28 Q.: WHY IS IT — DID YOU INTRODUCE YOURSELF TO RYAN?

.

7199

1 A.: YES.

2 Q.: WHY?

3 A.: BECAUSE BARBARA WAS HITTING ON ME, AND SO I WENT UP

4 TO RYAN, I SAID YOU ARE NOW MY OFFICIAL BOYFRIEND FOR THE

5 EVENING, TO KIND OF SWAY HER FROM, YOU KNOW, BEING ATTRACTED TO

6 ME, I GUESS, I DON’T KNOW.

7 Q.: ULTIMATELY YOU DECLINED BRENDA’S INTERVIEW — I’M

8 SORRY, BRENDA’S INTERVIEW — BRENDA’S INVITATIONS TO COME HOME,

9 IS THAT RIGHT?

10 A.: YES.

11 Q.: NOW, WHAT YOU’VE TESTIFIED TO TODAY YOU TOLD THE

12 SAME THING ESSENTIALLY TO THE POLICE, DIDN’T YOU?

13 A.: YES.

14 MR. DUSEK: OBJECTION, HEARSAY.

15 THE COURT: OVERRULED. THE ANSWER WAS YES. IT WILL

16 STAND.

17

18 BY MR. FELDMAN:

19 Q.: IS IT CORRECT THAT ON FEBRUARY 8TH, APPROXIMATELY

20 ONE WEEK LATER, YOU WENT BACK TO DAD’S NIGHTCLUB?

21 A.: YES.

22 Q.: AND IT WAS ON FEBRUARY THE 8TH SOMEWHERE IN THE

23 EVENING TIME YOU WERE DIRECTED TO A PARTICULAR POLICE OFFICER,

24 IS THAT RIGHT?

25 A.: YES.

26 Q.: AND AT THAT TIME YOU WERE ASKED TO JUST TELL THE

27 OFFICER WHAT YOU REMEMBERED ABOUT THE WEEK PRECEDING, IS THAT

28 RIGHT?

.

7200

1 A.: YES.

2 Q.: AND THAT OFFICER THEN ASKED YOU SIMILAR QUESTIONS

3 TO THOSE QUESTIONS THAT I’VE BEEN ASKING YOU, IS THAT RIGHT?

4 A.: YES.

5 Q.: DID YOU SEE BRENDA VAN DAM DANCING WITH DAVID

6 WESTERFIELD THAT EVENING?

7 A.: I SAW HER DANCING ON THE DANCE FLOOR. I SAW

8 SOMEONE THAT COULD HAVE LOOKED LIKE HIM, BUT I DON’T KNOW FOR

9 SURE IF IT WAS HIM. I JUST GLANCED AT THE DANCE FLOOR.

10 Q.: DO YOU RECALL TELLING A POLICE OFFICER THAT BRENDA

11 ON THE EVENING — LET ME REPHRASE THAT.

12 WHEN YOU TALKED TO THE POLICE OFFICER ON FEBRUARY

13 THE 8TH, 2002, DO YOU REMEMBER TELLING THE POLICE OFFICER THAT

14 LATER IN THE EVENING YOU SAW BRENDA DANCING WITH DAVE

15 WESTERFIELD? DO YOU REMEMBER MAKING THAT STATEMENT?

16 A.: I DID NOT MAKE THAT STATEMENT.

17 Q.: DO YOU REMEMBER TELLING THE OFFICER THAT YOU KNEW

18 DAVE BECAUSE YOU HAD PLAYED POOL WITH HIM AT DAD’S BEFORE, AND

19 YOU ALSO KNEW HIM FROM O’HARLEY’S BAR ON COMMUNITY ROAD?

20 A.: I NEVER PLAYED POOL AT DAD’S.

21 Q.: PRIOR TO FEBRUARY THE 8TH DID YOU KNOW DAVID

22 WESTERFIELD?

23 A.: NO.

24 Q.: YOU HAD NOT MET HIM BEFORE?

25 A.: I THINK I PLAYED POOL WITH HIM AT O’HARLEY’S LIKE

26 EIGHT MONTHS AGO.

27 Q.: SO WHEN YOU — THEN IT WOULD BE THE CASE YOU MIGHT

28 HAVE SAID TO THE POLICE OFFICER THAT YOU HAD, IN FACT, MET HIM

.

7201

1 AT O’HARLEY’S SOMETIME BEFORE?

2 A.: A LONG TIME AGO.

3 Q.: AND AT O’HARLEY’S WHEN YOU WERE THERE — I’M SORRY,

4 DID YOU JUST TELL ME YOU PLAYED POOL WITH HIM?

5 A.: I PROBABLY PLAYED POOL WITH HIM. I MET HIM THROUGH

6 YVETTE PREVIOUS, LIKE THIS IS DAVE. I THINK WE PLAYED POOL AT

7 O’HARLEY’S EIGHT MONTHS AGO, SOMETHING LIKE THAT.

8 Q.: YOU JUST MENTIONED THE NAME YVETTE. YOU’RE

9 REFERRING TO YVETTE WETLEY; IS THAT CORRECT, MA’AM?

10 A.: YES.

11 Q.: SHE WAS A PERSON — WASN’T SHE A BARTENDER AT

12 O’HARLEY’S?

13 A.: UM-HMM. SHE STILL IS.

14 Q.: AND SHE WAS ON FEBRUARY 1 AND FEBRUARY 8TH, RIGHT?

15 A.: YES.

16 Q.: WAS SHE PRESENT WITH YOU WHEN YOU TALKED TO THE

17 POLICE OFFICER?

18 A.: NO.

19 Q.: WITH REGARD TO BRENDA, THAT EVENING DID IT APPEAR

20 TO YOU THAT SHE WAS, QUOTE, BUZZED, UNQUOTE?

21 A.: UM-HMM. YES.

22 Q.: NOW I’VE USED THE WORD “BUZZED.” I UNDERSTAND

23 THAT. WHAT DO YOU MEAN WHEN YOU USE THE WORD “BUZZED”?

24 A.: HAD A COUPLE COCKTAILS AND YOU’RE JUST FEELING

25 PRETTY GOOD.

26 Q.: ALL RIGHT.

27 MR. FELDMAN: THANK YOU.

28 NO FURTHER QUESTIONS.
7202

1 THE COURT: ALL RIGHT. CROSS-EXAMINATION.

2 ///

3 CROSS-EXAMINATION +

4 BY MR. DUSEK:

5 Q.: WERE YOU BUZZED?

6 A.: YEAH, I WAS FEELING BUZZED.

7 Q.: OKAY. SO YOU WERE DOING SOME DRINKING THERE AT

8 DAD’S?

9 A.: I HAD A COUPLE COCKTAILS AT DAD’S.

10 Q.: DID YOU SEE BRENDA DRINK ANYTHING AT DAD’S?

11 A.: I DIDN’T NOTICE IF SHE HAD A COCKTAIL IN HER HAND

12 OR NOT.

13 Q.: OKAY.

14 Q.: DID YOU SEE HER DANCE AT DAD’S?

15 A.: YES.

16 Q.: DID YOU DANCE AT DAD’S?

17 A.: NO.

18 Q.: SOME OF YOUR FRIENDS DANCE AT DAD’S?

19 A.: NOT THAT NIGHT I DIDN’T SEE ANY OF MY FRIENDS

20 DANCING.

21 Q.: WHAT TIME DO YOU THINK YOU GOT THERE?

22 A.: I CAN’T SAY EXACTLY WHAT TIME I GOT THERE.

23 Q.: BECAUSE YOU WEREN’T KEEPING TRACK?

24 A.: NO, OF COURSE NOT.

25 Q.: WHERE WERE YOU BEFORE YOU GOT TO DAD’S?

26 A.: THE BRIGANTINE WITH MY MOM FOR HER BIRTHDAY DINNER.

27 Q.: WHAT TOWN IS THE BRIGANTINE IN?

28 A.: IN POWAY.

.

7203

1 Q.: YOUR MOTHER’S NAME IS WHAT?

2 A.: PATRICIA LAPAGE.

3 Q.: AND IT WAS HER BIRTHDAY THAT YOU WERE CELEBRATING?

4 A.: YES.

5 Q.: WERE YOU DOING ANY DRINKING AT THE BRIGANTINE?

6 A.: WE HAD SOME WINE WITH DINNER.

7 Q.: HOW MUCH?

8 A.: WE SHARED A BOTTLE OF WINE.

9 Q.: AND WHAT TIME WERE YOU AT THE BRIGANTINE?

10 A.: WE GOT THERE PROBABLY AROUND 8:30-ISH MAYBE, AND WE

11 HANG OUT AND TALK FOR HOURS, MY MOM AND I DO, SO —

12 Q.: WOULD YOU ESTIMATE FOR US WHEN IT WAS THAT YOU LEFT

13 THE BRIGANTINE?

14 A.: I BELIEVE IT WAS — THEY WERE DONE SERVING FOOD, SO

15 IT WAS PROBABLY ABOUT 11:15-ISH. I DON’T — I CAN’T SAY. I

16 WASN’T KEEPING TRACK.

17 Q.: FROM THE BRIGANTINE YOU WENT WHERE?

18 A.: TO O’HARLEY’S.

19 Q.: AND THAT’S A BAR THERE IN POWAY ALSO?

20 A.: PUB.

21 Q.: DID YOU HAVE ANYTHING TO DRINK AT O’HARLEY’S?

22 A.: NO, THEY WERE CLOSED.

23 Q.: AND YOU MET WITH WHO THERE?

24 A.: I PULLED UP IN THE CAR AND SAW YVETTE WAS CLOSING,

25 AND I SAID YVETTE, DO YOU WANT TO GO OUT? IT’S MY MOM’S

26 BIRTHDAY. AND I SAID WE’RE GOING TO GO TO DAD’S. DO YOU WANT

27 TO JOIN US? SHE SAID YES.

28 Q.: SHE WAS ALREADY OUTSIDE?

.

7204

1 A.: NO. SHE WAS STILL INSIDE THE WINDOW AND I WAS JUST

2 TALKING THROUGH THE CAR DOOR.

3 Q.: HOW MANY TIMES HAVE YOU BEEN TO DAD’S?

4 A.: I DON’T KNOW. I DON’T —

5 Q.: CAN YOU ESTIMATE FOR US IN 2002 HOW MANY TIMES

6 YOU’VE BEEN THERE?

7 A.: PROBABLY ABOUT SEVEN OR EIGHT, MAYBE A LITTLE MORE.

8 Q.: AND TYPICALLY YOU GO ON WHAT DAY OF THE WEEK?

9 A.: ON A WEEKEND.

10 Q.: FRIDAY, SATURDAY OR SUNDAY OR —

11 A.: IT’S EITHER/OR.

12 Q.: AT THAT TIME IN FEBRUARY HOW FREQUENTLY DID YOU GO?

13 A.: MAYBE ONCE A WEEKEND AT THE VERY MOST.

14 Q.: WOULD IT BE EVERY WEEKEND?

15 A.: GOD, I HOPE NOT. IT JUST DEPENDS ON WHAT ALL MY

16 FRIENDS ARE DOING AND WE’LL JUST SHOW UP. IT’S NOT LIKE A

17 PLANNED THING OR ANYTHING.

18 Q.: YOU TYPICALLY MEET WITH YVETTE WHEN YOU GO TO

19 DAD’S?

20 A.: YEAH.

21 Q.: THAT’S COMMON?

22 A.: YES.

23 Q.: AND YOU TYPICALLY GO TO MEET HER UP AT O’HARLEY’S

24 OR DOES SHE TYPICALLY MEET YOU AT DAD’S?

25 A.: SHE USUALLY WORKS AT O’HARLEY’S ON FRIDAY NIGHT, SO

26 WE USUALLY GO TO DAD’S CAFE AFTER SHE CLOSES AT O’HARLEY’S

27 Q.: DO YOU KNOW A GARRY HARVEY?

28 A.: YES.

.

7205

1 Q.: WAS HE AT DAD’S?

2 A.: YES.

3 Q.: WHEN DID YOU SEE HIM THERE?

4 A.: WHEN I WENT UP AND SAID HELLO TO YVETTE.

5 Q.: AT DAD’S?

6 A.: YES.

7 Q.: DID YVETTE COME BY HERSELF ON THE DAY YOU’RE

8 TALKING ABOUT?

9 A.: I DON’T KNOW. I DIDN’T SEE HER DRIVE UP.

10 Q.: YOU WERE WITH HER AT O’HARLEY’S, THOUGH?

11 A.: SHE WAS CLOSING UP. I WAS IN MY MOM’S CAR, AND

12 THEN I WENT TO DAD’S FIRST, AND SHE WAS GONNA FOLLOW US WHEN SHE

13 GOT DONE CLOSING.

14 Q.: AND WAS SHE — WAS DAVID WESTERFIELD AT O’HARLEY’S?

15 A.: NO.

16 Q.: WAS THERE A JEFF FEECE AT O’HARLEY’S?

17 A.: NO. THEY WERE CLOSED.

18 Q.: WAS THERE A GARRY HARVEY AT O’HARLEY’S?

19 A.: NOT THAT I SAW, NO.

20 Q.: AND HOW LONG WOULD YOU SAY IT WAS FROM THE TIME ON

21 THIS WEEKEND THAT YOU’RE TALKING ABOUT FROM WHEN YOU SAW YVETTE

22 AT O’HARLEY’S UNTIL YOU SAW HER AT DAD’S?

23 A.: MAYBE 15 MINUTES AT THE MOST, MAYBE NOT EVEN THAT.

24 IT TAKES ABOUT SIX MINUTES TO DRIVE FROM O’HARLEY’S TO DAD’S,

25 AND SHE WAS GOING TO BE SHORTLY BEHIND ME.

26 Q.: AND SHE ARRIVED JUST SHORTLY AFTER YOU ARRIVED AT

27 DAD’S?

28 A.: RIGHT.

.

7206

1 Q.: SHE APPEARED TO ARRIVE ALONE ON THE WEEKEND YOU’RE

2 TALKING ABOUT?

3 A.: I DON’T KNOW.

4 Q.: YOU DIDN’T SEE HER?

5 A.: NO. I WAS IN THE RESTROOM.

6 Q.: WHEN YOU FIRST GOT TO O’HARLEY’S DID YOU SEE MR.

7 WESTERFIELD?

8 A.: AT O’HARLEY’S?

9 Q.: I’M SORRY, DAD’S. I’M NOT TRYING TO CONFUSE YOU.

10 A.: THAT’S OKAY.

11 Q.: AT DAD’S WHEN YOU FIRST GOT THERE THAT EVENING DID

12 YOU SEE MR. WESTERFIELD?

13 A.: WHEN I FIRST GOT THERE?

14 Q.: YES.

15 A.: WHEN I WALKED IN I WALKED AROUND THE DANCE FLOOR,

16 AND THEN I WENT TO THE RESTROOM THE LONG WAY AROUND, AND I GAZED

17 AT THE DANCE FLOOR AND I MIGHT HAVE SEEN HIM ON THE DANCE FLOOR.

18 Q.: MIGHT HAVE OR MIGHT NOT HAVE OR ARE YOU JUST

19 GUESSING?

20 A.: I’M JUST GUESSING. IT’S DARK IN THERE.

21 Q.: PLEASE DON’T GUESS.

22 A.: I’M SORRY.

23 Q.: IF YOU DON’T KNOW THE ANSWER, SAY SO.

24 A.: I DON’T KNOW FOR SURE.

25 Q.: DID YOU SEE GARRY HARVEY AT DAD’S WHEN YOU GOT

26 THERE?

27 A.: WHEN I CAME OUT OF THE RESTROOM YVETTE HAD BEEN

28 THERE. SHE HAD JUST ARRIVED, AND SHE WAS AT THE BAR, AND I

.

7207

1 THINK GARRY WAS SITTING NEXT TO HER AT THE BAR.

2 Q.: HOW LONG WOULD YOU SAY YOU WERE AT DAD’S THAT

3 NIGHT?

4 A.: TILL CLOSING.

5 Q.: WHICH IS?

6 A.: THEY CLOSE AT 2:00, LIKE MAYBE TEN TILL 2:00.

7 Q.: AND YOU THINK YOU GOT THERE ON THIS EVENING

8 SOMETIME AT LEAST AFTER 11:15 BECAUSE THAT’S ABOUT WHEN YOU LEFT

9 THE BRIGANTINE?

10 A.: UM-HMM.

11 Q.: HOW LONG DOES IT TAKE TO GET FROM THE BRIGANTINE TO

12 O’HARLEY’S?

13 A.: A COUPLE MINUTES, JUST A FEW MINUTES.

14 Q.: HOW LONG WOULD YOU SAY YOU WERE AT O’HARLEY’S?

15 A.: JUST A FEW MINUTES. I WAS GONNA WAIT FOR YVETTE TO

16 GET OFF, AND SHE GOES I’LL BE A LITTLE WHILE. I WAS LIKE OKAY,

17 WE’LL JUST MEET YOU THERE.

18 Q.: BY THE TIME YOU GET TO DAD’S ARE YOU ABLE TO

19 ESTIMATE FOR US WHAT TIME IT WAS?

20 A.: I REALLY CAN’T, NO.

21 Q.: DID YOU TELL A DEFENSE INVESTIGATOR THAT YOU

22 ARRIVED AT DAD’S AT AROUND 10:30?

23 A.: I THOUGHT IT WAS EARLIER IN THE EVENING WHEN WE

24 ARRIVED BUT APPARENTLY IT WASN’T THAT EARLY.

25 Q.: DID YOU TELL THE DEFENSE INVESTIGATOR YOU ARRIVED

26 AT 10:30?

27 A.: I DIDN’T GIVE HIM EXACT TIMES. I SAID

28 APPROXIMATELY IT COULD HAVE BEEN AFTER 10:30.

.

7208
1 Q.: DID YOU GET A CHANCE TO READ A REPORT PREPARED —

2 LOOKS LIKE IT’S UNSIGNED, BUT INDICATING THAT YOU ARRIVED AT

3 DAD’S AT ABOUT 10:30?

4 A.: YES, I RECEIVED A REPORT.

5 Q.: AND IS THAT INDICATED ON THE REPORT THAT YOU GOT?

6 A.: YES.

7 Q.: NOW, THAT APPEARS TO BE IN ERROR?

8 A.: YES.

9 Q.: AT LEAST FROM YOUR MEMORY?

10 A.: YES.

11 Q.: DID YOU ALSO GET A CHANCE TO REVIEW A POLICE

12 REPORT?

13 A.: YES.

14 Q.: AND DID YOU TELL A POLICE OFFICER THAT YOU ARRIVED

15 BETWEEN 9:30 AND 10:30?

16 A.: I DON’T RECALL SAYING THAT.

17 Q.: DID YOU SEE DAVID WESTERFIELD AT DAD’S AFTER YOU

18 ARRIVED SOMETIME THERE AFTER 11:15, 11:30?

19 A.: IT COULD HAVE BEEN HIM ON THE DANCE FLOOR. I DON’T

20 KNOW HIM SO I — I DON’T PAY ATTENTION TO HIM.

21 Q.: YOU DIDN’T KNOW BRENDA VAN DAM THEN EITHER, DID

22 YOU?

23 A.: NO.

24 Q.: DID YOU KNOW BARBARA AT THAT TIME?

25 A.: NO.

26 Q.: DID YOU KNOW ANOTHER FRIEND THAT WAS WITH BRENDA

27 VAN DAM?

28 A.: NO.

.

7209

1 Q.: HAVE YOU SINCE LEARNED HER NAME?

2 A.: YES.

3 Q.: BECAUSE OF MEDIA COVERAGE?

4 A.: YES.

5 Q.: HAVE YOU BEEN WATCHING ANY OF THIS TRIAL ON TV?

6 A.: PRIOR TO — BEFORE I MET WITH THE DEFENSE, YES.

7 Q.: HOW MUCH OF THIS TRIAL WERE YOU WATCHING?

8 A.: NOT TOO MUCH BECAUSE I WORK DURING THE DAYS.

9 Q.: HOW MUCH WERE YOU WATCHING?

10 MR. FELDMAN: ASKED AND ANSWERED.

11 THE COURT: OVERRULED. JUST BEST ESTIMATE.

12

13 BY MR. DUSEK:

14 Q.: WHO YOU SAW TESTIFY?

15 A.: JUST A COUPLE PEOPLE WITH AN R. V. LIKE AT THE

16 BEGINNING, I DON’T KNOW.

17 Q.: DID YOU WATCH ANY OF THE NEWS COVERAGE RATHER THAN

18 THE LIVE COVERAGE OF THE TRIAL?

19 A.: WHEN I CATCH THE NEWS, YES.

20 Q.: DID YOU HEAR ANY OF THE PEOPLE TESTIFY FROM DAD’S?

21 A.: NO — WELL, YVETTE.

22 Q.: OKAY. YOU HEARD HER TESTIFY?

23 A.: UM-HMM.

24 Q.: YOU HAVE TO ANSWER YES OR NO.

25 A.: OH, I’M SORRY. YES.

26 Q.: BECAUSE OF THE EARLY MEDIA COVERAGE WHAT TIME DID

27 DAVID WESTERFIELD LEAVE DAD’S, IF HE WAS THERE, TO YOUR

28 KNOWLEDGE?

.

7210

1 A.: I DON’T KNOW.

2 MR. FELDMAN: YOUR HONOR, OBJECTION, VAGUE BECAUSE OF THE

3 PREFACE.

4 THE COURT: ALL RIGHT. JUST REPHRASE THE QUESTION,

5 COUNSEL.

6

7 BY MR. DUSEK:

8 Q.: THE PERSON THAT YOU THINK MAY HAVE BEEN DAVID

9 WESTERFIELD AT DAD’S, DID YOU SEE HIM LEAVE?

10 A.: NO.

11 Q.: DID YOU SEE ANY — HOW DID YOU COME TO KNOW WHO

12 DAVID WESTERFIELD WAS?

13 A.: THROUGH THE MEDIA.

14 Q.: DID YOU SEE AN INTERVIEW OF DAVID WESTERFIELD WHERE

15 HE WAS ON TV SAYING HE LEFT DAD’S BETWEEN 10:00 AND 10:30?

16 A.: NO.

17 Q.: AND YOU WERE NOT EVEN AT DAD’S AT THAT TIME

18 ACCORDING TO YOUR MEMORY, IS THAT RIGHT?

19 A.: RIGHT.

20 Q.: IF HE HAD LEFT AT 10:00 OR 10:30, THAT WOULD HAVE

21 BEEN BEFORE YOU EVEN GOT THERE?

22 MR. FELDMAN: SPECULATION.

23 THE COURT: OVERRULED.

24 THE WITNESS: I’M SORRY.

25

26 BY MR. DUSEK:

27 Q.: IF HE HAD LEFT BETWEEN 10:00 AND 10:30, THAT WOULD

28 HAVE BEEN BEFORE YOU EVEN GOT TO DAD’S, BASED UPON YOUR MEMORY?

.

7211

1 A.: RIGHT.

2 Q.: WERE THERE LOTS OF PEOPLE DRINKING —

3 A.: OH, YEAH.

4 Q.: — AT DAD’S? WERE THERE LOTS OF PEOPLE DANCING?

5 A.: YES.

6 Q.: LOTS OF PEOPLE PARTYING AT DAD’S?

7 A.: YES.

8 Q.: THAT’S KIND OF WHY YOU GO TO DAD’S, ISN’T IT?

9 A.: RIGHT.

10 Q.: DID YOU SEE MEN DANCING WITH WOMEN?

11 A.: YES.

12 Q.: DID YOU SEE WOMEN DANCING WITH OTHER WOMEN?

13 A.: YES.

14 Q.: THAT KIND OF HAPPENS ALL THE TIME THERE, DOESN’T

15 IT?

16 A.: EVERYBODY JUST DANCED WITH EVERYBODY.

17 Q.: JUST KIND OF A GREAT BIG GROUP DANCE?

18 A.: BASICALLY.

19 Q.: YOU’VE DONE IT BEFORE, HAVEN’T YOU?

20 A.: I DON’T REALLY DANCE AT DAD’S.

21 Q.: DON’T YOU?

22 A.: NO.

23 Q.: WHY DID YOU GO THERE?

24 A.: IT WAS MY MOM’S BIRTHDAY.

25 Q.: YOU ALREADY HAD THE BIRTHDAY DINNER, THOUGH, HADN’T

26 YOU?

27 A.: WE WERE GOING TO GO FOR A NIGHT CAP AND MEET UP

28 WITH YVETTE.

.

7212

1 Q.: WHO WAS DRIVING?

2 A.: I WAS.

3 Q.: WERE YOU THE DESIGNATED DRIVER THAT NIGHT?

4 A.: YES.

5 Q.: THROUGHOUT THE NIGHT LIKE TO BRIGANTINE AND FROM

6 THE BRIGANTINE TO O’HARLEY’S?

7 A.: YES.

8 Q.: AND FROM O’HARLEY’S TO DAD’S?

9 A.: YES.

10 Q.: AND FROM O’HARLEY’S HOME?

11 A.: FROM DAD’S TO HOME.

12 Q.: I’M SORRY, DAD’S TO HOME?

13 A.: YES.

14 Q.: ALL RIGHT.

15 THE CONVERSATION THAT YOU TOLD US ABOUT THAT YOU

16 HEARD BRENDA VAN DAM TALK ABOUT SHE’D BE A NICE ONE TO TAKE

17 HOME, ABOUT WHAT TIME WAS THAT?

18 A.: I CAN’T ESTIMATE TIME. I DON’T KNOW. I WASN’T

19 LOOKING AT — I DON’T HAVE A WATCH.

20 Q.: HOW LONG WOULD YOU ESTIMATE IT WAS AFTER YOU GOT TO

21 DAD’S?

22 A.: IT WAS — I’D HAVE TO SAY MAYBE A HALF AN HOUR THAT

23 I FIRST MET BRENDA.

24 Q.: DO YOU KNOW IF DAVID WESTERFIELD WAS EVEN AROUND

25 WHEN BARBARA WAS HAVING CONTACT WITH YOU?

26 A.: NO.

27 Q.: NO, HE WASN’T OR NO, YOU DON’T KNOW?

28 A.: NO, I DON’T KNOW.

.

7213

1 Q.: SO YOU DON’T KNOW IF HE EVEN WAS IN A POSITION TO

2 SEE WHAT YOU DESCRIBED?

3 A.: RIGHT.

4 Q.: DO YOU KNOW IF HE WAS EVEN AROUND WHEN YOU TALKED

5 ABOUT BRENDA VAN DAM MAKING THE COMMENT ABOUT SHE’D BE A NICE

6 ONE TO TAKE HOME?

7 A.: I’M SORRY?

8 Q.: WAS DAVID WESTERFIELD AROUND WHEN THAT CONVERSATION

9 TOOK PLACE?

10 A.: I HAVE NO IDEA.

11 Q.: HOW LOUDLY DID SHE SAY IT?

12 A.: LOUD ENOUGH TO WHERE WE COULD HEAR OVER A BAND.

13 Q.: AND YOU WERE WALKING AWAY AT THAT TIME, RIGHT?

14 A.: WE WERE JUST KIND OF PASSING BY. WE STOPPED FOR A

15 SECOND WHEN BARBARA WAS TALKING TO US AND THEN WE KEPT MOVING

16 ON.

17 Q.: AS YOU’RE WALKING AWAY SHE MADE THAT COMMENT?

18 A.: SHE MADE THE COMMENT WHEN WE WERE STANDING THERE

19 FOR A SECOND.

20 Q.: ALL RIGHT.

21 WHAT DID YOU SAY?

22 A.: SORRY, DON’T CARE.

23 Q.: YOU COULD TELL SHE WAS JOKING, COULDN’T YOU?

24 A.: I DON’T KNOW HER.

25 Q.: OKAY.

26 A.: BUT IT WAS — IT WAS IN A LAUGHING, JOKING MANNER.

27 Q.: OKAY.

28 AND YOU MOVED ON DOWN THE BAR OR WHEREVER?

.

7214

1 A.: TO THE PATIO AREA.

2 Q.: ALL RIGHT.

3 WHAT DID YOU DO OUT THERE?

4 A.: WENT OUT AND HAD A DRINK WITH RYAN AND WAS JUST

5 TALKING.

6 Q.: DID YOU HAPPEN TO SEE DAVID WESTERFIELD OUT THERE?

7 A.: NOT THAT I NOTICED, NO.

8 Q.: DID YOU — DO YOU KNOW WHEN GARRY HARVEY LEFT?

9 A.: NO.

10 Q.: AND WHEN YOU SAY YOU LEFT AT QUITTING TIME, WHAT

11 WAS GOING ON IN THE BAR WHEN YOU ACTUALLY DEPARTED?

12 A.: I WAS IN THE PATIO AREA.

13 Q.: OKAY. BUT WERE THEY LOCKING THE DOORS OR, YOU

14 KNOW, KICKING PEOPLE OUT OR SWEEPING THE FLOORS? WHAT WAS GOING

15 ON?

16 A.: THEY JUST SAID “LAST CALL,” AND THEN THAT’S WHEN

17 YOU JUST — IF YOU WERE DRINKING YOU FINISH YOUR DRINK AND THEN

18 LEAVE.

19 Q.: DID YOU SEE BRENDA VAN DAM LEAVE?

20 A.: YES.

21 Q.: DID SHE GO WITH ANYONE?

22 A.: YES.

23 Q.: WITH LIKE THAT BARBARA AND THE OTHER GAL YOU CAME

24 TO KNOW AS DENISE?

25 A.: YES.

26 Q.: DID SHE SEEM TO HAVE TWO FELLOWS THAT APPEARED TO

27 BE FRIENDLY WITH THEM?

28 A.: YES.

.

7215

1 Q.: ARE THEY FRIENDS OF THEIRS?

2 A.: I ASSUME.

3 Q.: DID YOU LEARN THEIR NAMES TO BE RICH AND KEITH?

4 A.: NO.

5 Q.: NO, YOU DON’T KNOW OR YOU NEVER LEARNED THAT?

6 A.: I DON’T KNOW WHO THEY ARE.

7 Q.: WHERE DID THEY GO?

8 A.: TO THE PARKING LOT.

9 Q.: YOU SAW THEM GO?

10 A.: UM-HMM.

11 Q.: YES?

12 A.: I’M SORRY.

13 Q.: ANYBODY FOLLOW ‘EM TO THE CAR?

14 A.: JUST THE FIVE OF THEM THAT LEFT TOGETHER.

15 Q.: OKAY.

16 AND THEY LEFT TOGETHER, RIGHT?

17 A.: I ASSUME SO.

18 Q.: FROM YOUR OBSERVATION, IT WAS JUST THE FIVE OF THEM

19 AS THEY WERE GOING OUT TO GET IN THEIR CARS?

20 A.: THEY WALKED PAST THE PATIO AND THEN THEY WENT

21 AROUND THE CORNER TO THE PARKING AREA, AND THAT’S ALL I SAW OF

22 THEM AFTER THAT.

23 Q.: YOU DIDN’T HAPPEN TO SEE THEIR CAR OR CARS LEAVE

24 THE PARKING LOTS?

25 A.: I WASN’T PAYING ATTENTION.

26 Q.: DIDN’T SEE A WHOLE LINE OF CARS FOLLOWING WHERE

27 THEY WERE GOING?

28 A.: EVERYBODY WAS EXITING THE PARKING LOT, SO I DIDN’T

.

7216

1 KNOW WHOSE WAS WHOSE.

2 Q.: AND AT THAT POINT IN TIME YOU DO NOT EVEN KNOW IF

3 DAVID WESTERFIELD WAS STILL AT DAD’S, DID YOU?

4 A.: I HAD NO IDEA.

5 Q.: DID YOU KNOW A JEFF FEECE?

6 A.: YES.

7 Q.: DID YOU SEE HIM THERE THAT NIGHT?

8 A.: I DON’T RECALL.

9 Q.: WHO IS HE?

10 A.: HE’S GARRY HARVEY’S ROOMMATE.

11 Q.: HOW DO YOU KNOW THAT?

12 MR. FELDMAN: SCOPE, OBJECTION.

13 THE COURT: OVERRULED.

14 YOU CAN ANSWER THAT.

15 THE WITNESS: I KNOW BOTH OF THEM THROUGH YVETTE ‘CAUSE

16 SHE JUST KNOWS THEM THROUGH WHATEVER BARTENDERING JOB SHE HAD

17 WHEN SHE FIRST MET ‘EM.

18

19 BY MR. DUSEK:

20 Q.: HAVE YOU SEEN JEFF AND GARRY AT DAD’S?

21 A.: THAT NIGHT OR BEFORE OR —

22 Q.: JUST GENERALLY.

23 A.: YEAH — YES.

24 Q.: DO THEY APPEAR TO BE FRIENDS WITH DAVID

25 WESTERFIELD?

26 A.: I DON’T KNOW.

27 Q.: DO YOU KNOW WHAT TYPE OF CAR DAVID WESTERFIELD HAS?

28 A.: NO.

.

7217

1 MR. DUSEK: THANK YOU, MA’AM.

2 THE COURT: ALL RIGHT.

3 ANYTHING FURTHER, MR. FELDMAN?

4

5 REDIRECT EXAMINATION +

6 BY MR. FELDMAN:

7 Q.: I’M SORRY. IS THERE AN EXPRESSION YOU’RE FAMILIAR

8 WITH “TO GET HIT ON”?

9 A.: I’M SORRY?

10 Q.: ARE YOU FAMILIAR WITH THE EXPRESSION “TO GET HIT

11 ON”?

12 A.: YES.

13 Q.: YOU WERE GETTING HIT ON THAT NIGHT, WEREN’T YOU?

14 A.: YES.

15 Q.: BOTH BY BRENDA AND BY BARBARA, ISN’T THAT RIGHT?

16 A.: MOSTLY BY BARBARA.

17 MR. DUSEK: OBJECTION, LEADING.

18 THE COURT: OVERRULED. THE ANSWER WAS MOSTLY BARBARA.

19

20 BY MR. FELDMAN:

21 Q.: BUT SOME BY BRENDA?

22 A.: JUST WITH THE FEW CHOSEN WORDS THAT SHE SAID.

23 Q.: YOU TOOK IT SO SERIOUS THAT YOU SAID NO WAY?

24 MR. DUSEK: OBJECTION, LEADING.

25 THE COURT: SUSTAINED. REPHRASE.

26

27 BY MR. FELDMAN:

28 Q.: ALL RIGHT.

.

7218

1 WITH REGARD TO BRENDA, HOW WAS SHE DRESSED? DO YOU

2 RECALL WHETHER SHE WAS WEARING A —

3 MR. DUSEK: OBJECTION, LEADING.

4 THE COURT: SUSTAINED. REPHRASE.

5

6 BY MR. FELDMAN:

7 Q.: WHAT WAS SHE WEARING?

8 A.: SHE WAS WEARING A RED BLOUSE, RED TOP.

9 Q.: I’M SORRY. A RED BLOUSE. WAS THERE ANYTHING

10 NOTICEABLE ABOUT IT?

11 A.: IT WAS RED AND LONG-SLEEVED AND IT WAS FITTING.

12 Q.: WHEN YOU SAY FITTING WHAT DO YOU MEAN?

13 A.: TIGHT-FITTING.

14 Q.: WHEN YOU SAY TIGHT-FITTING WHAT ARE YOU TRYING TO

15 COMMUNICATE?

16 A.: THAT IT’S NOT LOOSE.

17 Q.: OKAY.

18 WAS IT SO TIGHT THAT VERY LITTLE WAS LEFT TO THE

19 IMAGINATION?

20 MR. DUSEK: OBJECTION, ARGUMENTATIVE.

21 THE COURT: AND VAGUE.

22 MR. DUSEK: IRRELEVANT, 352.

23 THE COURT: SUSTAINED.

24 MR. FELDMAN: I’M SORRY, YOUR HONOR.

25 Q.: WAS SHE MOVING AROUND IN RED FITTING CLOTHING?

26 A.: WAS SHE MOVING AROUND?

27 Q.: YES.

28 A.: PEOPLE MOVE AROUND.

.

7219

1 Q.: DANCING ON THE DANCE FLOOR? THANK YOU VERY MUCH,

2 MA’AM. I’M ENJOYING THIS ALOT.

3 A.: NO, I DIDN’T.

4 Q.: OKAY.

5 YOU DIDN’T NOTICE WHETHER BRENDA WAS DANCING?

6 A.: I NOTICED HER WHEN I FIRST WALKED IN.

7 Q.: WHO WAS SHE DANCING WITH?

8 A.: A GROUP OF PEOPLE.

9 Q.: HOW WAS SHE DANCING?

10 A.: I WASN’T REALLY PAYING TOO CLOSE ATTENTION. SHE

11 WAS JUST DANCING.

12 Q.: DO YOU THINK YOUR MEMORY GETS BETTER WITH THE

13 PASSAGE OF TIME, MA’AM?

14 A.: I DON’T KNOW HOW TO ANSWER THAT ONE.

15 Q.: DO YOU THINK YOUR MEMORY OF THE EVENTS WAS BETTER

16 ON FEBRUARY THE 8TH THAN IT IS TODAY JUNE — OR JULY, I GUESS

17 WE’RE JULY ALREADY?

18 A.: I DON’T KNOW HOW TO ANSWER THAT.

19 Q.: WHEN YOU TALKED TO THE POLICE OFFICER DID YOU TELL

20 HIM AS ACCURATELY AS YOU POSSIBLY COULD WHAT YOU REMEMBERED?

21 A.: YES.

22 MR. FELDMAN: THANK YOU VERY MUCH.

23 NO FURTHER.

24 THE COURT: ANYTHING FURTHER, MR. DUSEK?

25

26 RECROSS-EXAMINATION +

27 BY MR. DUSEK:

28 Q.: WAS THIS THE FIRST TIME YOU SAW BRENDA VAN DAM AT

.

7220

1 DAD’S?

2 A.: YES.

3 Q.: DID YOU — HAVE YOU TOLD ANYBODY THAT THERE ARE

4 ERRORS IN YOUR POLICE REPORT AND THE REPORT PREPARED BY THE

5 DEFENSE INVESTIGATOR?

6 A.: YES.

7 Q.: WHO DID YOU TELL?

8 A.: I LEFT A — I CALLED STEVEN FELDMAN AFTER MY

9 INTERVIEW WITH HIM ON SUNDAY TO LET HIM KNOW THE DISCREPANCIES.

10 I WAS SUPPOSED TO GET A RETURN PHONE CALL BY MARION AND THEN

11 NEVER RECEIVED ONE, AND THEN I INFORMED YOU OF THE DISCREPANCY

12 AS WELL.

13 Q.: JUST RIGHT OUTSIDE AT THE BREAK?

14 A.: RIGHT.

15 Q.: WHAT ARE THE ERRORS THAT YOU RECALL?

16 A.: CAN I LOOK AT MY —

17 Q.: YOU HAVE A LITTLE CHEAT SHEET THERE?

18 A.: WELL, IT’S THE SAME THING.

19 Q.: IT’S THE REPORTS?

20 A.: YEAH.

21 AS FAR AS THE EXACT TIME THAT IT STATES, I SAID

22 THAT I’M NOT GOING TO RECALL THE EXACT TIME BECAUSE I DON’T

23 KNOW.

24 Q.: THE REPORTS, IF I MAY, REPORTS INDICATE THE TIMES

25 THAT I GAVE YOU ON CROSS-EXAMINATION. THE POLICE REPORT

26 INDICATES AT LEAST YOU SAID AT 9:30 — BETWEEN 9:30 AND 10:30?

27 MR. FELDMAN: I’M SORRY, YOUR HONOR, VAGUE, OBJECTION.

28 THE COURT: OVERRULED.

.

7221

1 ///

2 ///

3 BY MR. DUSEK:

4 Q.: THE POLICE REPORT SAYS THAT, DOESN’T THAT?

5 A.: RIGHT.

6 Q.: AND IT’S YOUR BELIEF WHAT REGARDING THE TIME?

7 A.: IT WAS LATER THAN THAT.

8 Q.: AND THE DEFENSE INVESTIGATOR REPORT ALSO INDICATES

9 THAT YOU ARRIVED THERE AT ABOUT 10:30; IS THAT CORRECT?

10 A.: RIGHT.

11 Q.: AND IT’S YOUR BELIEF THAT THAT IS WRONG ALSO?

12 A.: YES.

13 Q.: WAS THERE OTHER ERRORS?

14 A.: IT SAID LATER THAT NIGHT I SAW BRENDA DANCING WITH

15 DAVE WESTERFIELD, AND I DIDN’T SEE THEM DANCING LATER THAT

16 EVENING. I JUST GAZED AT THE DANCE FLOOR ON MY WAY TO THE

17 RESTROOM WHEN I FIRST ARRIVED.

18 Q.: YOU TOLD US THAT YOU ASSUMED IT WAS THEM OR WHAT?

19 A.: I ASSUMED IT WAS SOMEONE THAT COULD HAVE LOOKED

20 LIKE — LOOKED LIKE HIM.

21 Q.: HOW MANY PEOPLE THAT LOOK LIKE HIM HANG OUT AT

22 DAD’S ON A FRIDAY NIGHT?

23 A.: I’D HAVE TO SAY THE MAJORITY OF THE MEN IN POWAY

24 LOOK LIKE MR. WESTERFIELD.

25 THE DEFENDANT: IS THAT GOOD OR BAD?

26 THE COURT: NOW WE’VE OFFENDED POWAY.

27

28 BY MR. DUSEK:

.

7222

1 Q.: AND WHEN YOU SAY GENERALLY LOOK LIKE HIM, WHAT

2 PHYSICAL CHARACTERISTICS ARE YOU TALKING ABOUT?

3 A.: DO I HAVE TO SAY THIS?

4 Q.: OH, YEAH.

5 A.: RECEDING HAIRLINE OR BALDING AND GOATEE.

6 Q.: AND YOU DIDN’T GET CLOSE ENOUGH TO GET A GOOD

7 ENOUGH LOOK AT HIM TO MAKE A POSITIVE I. D.?

8 A.: NO.

9 Q.: AND YOU TOLD MR. FELDMAN THAT?

10 A.: YES.

11 Q.: YOU TOLD ME THAT?

12 A.: YES.

13 MR. DUSEK: THANK YOU, MA’AM.

14 THE COURT: ANYTHING FURTHER, MR. FELDMAN?

15 MR. FELDMAN: NO. THANK YOU.

16 THE COURT: IS THIS WITNESS TO BE EXCUSED?

17 MR. FELDMAN: YES.

18 THE COURT: ALL RIGHT, MA’AM. YOUR TIME WITH US IS DONE.

19 PLEASE REMEMBER YOU’RE UNDER AN ADMONITION NOT TO

20 DISCUSS YOUR TESTIMONY WITH ANYONE UNTIL THE MATTER’S CONCLUDED,

21 OKAY? THANK YOU FOR COMING IN.

22 THE WITNESS: YES.

23 MR. FELDMAN: OFFICER MOBLEY.

24 MR. DUSEK: OH, YOUR HONOR, MAY WE —

25 THE COURT: IS THIS ONE OF THOSE?

26 ALL RIGHT. MEMBERS OF THE MEDIA STILL AND LIVE,

27 THIS WITNESS IS NOT TO BE PHOTOGRAPHED. REPEAT. NOT TO BE

28 PHOTOGRAPHED.

.

7223

1 ALL RIGHT. MIKE.

2 ///

3 -LUCIOUS MOBLEY, +

4 DEFENDANT’S WITNESS, HAVING BEEN SWORN, TESTIFIED AS FOLLOWS:

5

6 THE COURT: PLEASE HAVE A SEAT, OFFICER.

7 THE CLERK: SIR, WOULD YOU PLEASE STATE YOUR NAME AND

8 SPELL IT FOR THE RECORD?

9 THE WITNESS: LUCIOUS MOBLEY, L-U-C-I-O-U-S, M-O-B-L-E-Y.

10 MR. FELDMAN: PROCEED, YOUR HONOR?

11 THE COURT: YES.

12

13 DIRECT EXAMINATION +

14 BY MR. FELDMAN:

15 Q.: SIR, WHAT’S YOUR PRESENT OCCUPATION?

16 A.: DETECTIVE, SAN DIEGO POLICE DEPARTMENT.

17 Q.: HOW LONG HAVE YOU BEEN SO EMPLOYED?

18 A.: TWENTY-ONE YEARS.

19 Q.: IN FEBRUARY OF THIS YEAR, DID YOU HAVE OCCASION TO

20 COME INVOLVED IN THE INVESTIGATION OF THE DISAPPEARANCE OF

21 DANIELLE VAN DAM?

22 A.: YES, I DID.

23 Q.: SIR, DIRECTING YOUR ATTENTION TO FEBRUARY THE 8TH,

24 2002, AT APPROXIMATELY 10:15 IN THE EVENING, DID YOU HAVE

25 OCCASION TO INTERVIEW A FEMALE NAMED CHEROKEE YOUNGS?

26 A.: YES, I DID.

27 Q.: BEFORE YOU INTERVIEWED MS. YOUNGS DID YOU IDENTIFY

28 YOURSELF?

.

7224

1 A.: YES, I DID.

2 Q.: DID YOU MAKE IT CLEAR THAT YOU WERE INTERESTED IN

3 ACCURATE INFORMATION?

4 A.: YES, I DID.

5 Q.: DID YOU MAKE IT CLEAR YOU JUST WANTED TO KNOW WHAT,

6 IF ANYTHING, SHE MAY HAVE KNOWN ABOUT THE PRECEDING WEEK?

7 A.: YES. THE PRECEDING FRIDAY, YES.

8 Q.: DID YOU MAKE — YOU DIDN’T INTIMIDATE HER, YOU

9 WEREN’T THREATENING HER IN ANY WAY, WERE YOU?

10 A.: NO.

11 Q.: WERE YOU IN UNIFORM?

12 A.: NO, I WAS NOT.

13 Q.: DID YOU HAVE ANY GUN SHOWING?

14 A.: NO.

15 Q.: DID YOU DO THE BEST YOU COULD TO RELAX HER AND AT

16 LEAST GET HER TO THE POINT WHERE AT LEAST YOU FELT SHE WAS

17 COMFORTABLE IN COMMUNICATING WITH YOU?

18 A.: YES, I DID.

19 Q.: DIDN’T RAISE YOUR VOICE?

20 A.: NO.

21 Q.: ALL RIGHT.

22 WHEN YOU SPOKE WITH MS. YOUNGS, DID SHE TELL YOU

23 THAT SHE HAD ARRIVED AT DAD’S BAR SOMETIME BETWEEN 9:30 AND

24 10:30 P.M.?

25 THE COURT: OBJECTION, LEADING.

26 THE COURT: SUSTAINED. REPHRASE IT.

27 MR. FELDMAN: I’M SORRY? I DIDN’T HEAR THE OBJECTION.

28 THE COURT: LEADING.

.

7225

1 MR. FELDMAN: YES, BECAUSE IT’S A PRIOR CONSISTENT

2 STATEMENT.

3 THE COURT: REPHRASE. YOU’VE GOT HIM ON DIRECT, COUNSEL.

4 ASK THE QUESTION.

5

6 BY MR. FELDMAN:

7 Q.: DID YOU ASK MS. YOUNGS WHAT TIME SHE HAD ARRIVED AT

8 DAD’S?

9 A.: YES, I DID.

10 Q.: WHAT DID SHE TELL YOU?

11 A.: SHE TOLD ME SHE ARRIVED SOMETIME BETWEEN 9:30 AND

12 10:30 P.M.

13 Q.: NOW, SIR, WHEN YOU WERE TALKING TO HER WERE YOU

14 TAKING NOTES?

15 A.: FIRST, I WAS JUST LETTING HER TELL ME HER

16 STATEMENT. I ONLY TOOK DOWN JUST BASIC TIMES LIKE 9:30, 10:30,

17 THAT TYPE OF THING.

18 Q.: BUT AS THE INTERVIEW PROGRESSED DID YOU TAKE DOWN

19 MORE DETAILS?

20 A.: YES.

21 Q.: YOU PREPARED A REPORT, DIDN’T YOU?

22 A.: YES, I DID.

23 Q.: YOU PREPARED THE REPORT AT A TIME WHEN THE EVENTS

24 WERE FRESHER IN YOUR MIND THAN THEY ARE TODAY?

25 A.: YES.

26 Q.: WHY DID YOU DO THAT?

27 A.: BECAUSE SHE GAVE ME INFORMATION IN WHICH I WAS

28 ASSIGNED TO GO TO THE CLUB TO GET.

.

7226

1 Q.: AND BECAUSE YOU RECOGNIZED, BASED ON YOUR TRAINING,

2 SIR, THAT ONE OF THE PURPOSES —

3 MR. DUSEK: OBJECTION, LEADING.

4 THE COURT: OVERRULED.

5 MR. FELDMAN: THANK YOU.

6 THE COURT: ASK YOUR QUESTION.

7

8 BY MR. FELDMAN:

9 Q.: DO YOU RECOGNIZE BECAUSE OF YOUR TRAINING ONE OF

10 THE PURPOSES IN PREPARING A REPORT IS TO MEMORIALIZE THE

11 INFORMATION AS SOON AS YOU CAN TO MAKE SURE IT STAYS ACCURATE,

12 IS THAT RIGHT?

13 A.: THAT’S TRUE, YES.

14 Q.: AND YOU RECOGNIZED THAT YOU MAY BE CALLED UPON TO

15 TESTIFY ABOUT EVENTS THAT YOU ARE INVESTIGATING MONTHS OR

16 SOMETIMES YEARS LATER, ISN’T THAT RIGHT?

17 A.: THAT’S TRUE.

18 Q.: AND YOU’RE CAREFUL WHEN YOU’RE TAKING NOTES TO BE

19 ACCURATE, IS THAT RIGHT?

20 A.: YES.

21 Q.: AND YOU’RE CAREFUL WHEN YOU’RE DRAFTING YOUR REPORT

22 TO BE ACCURATE, IS THAT RIGHT?

23 A.: YES.

24 Q.: DID YOU ASK CHEROKEE YOUNGS WHETHER OR NOT SHE HAD

25 BEEN HIT ON THROUGHOUT THE NIGHT?

26 MR. DUSEK: OBJECTION, HEARSAY.

27 THE COURT: OVERRULED.

28 YOU MAY ANSWER THAT YES OR NO.

.

7227

1 THE WITNESS: SHE TOLD ME THAT SHE HAD BEEN.

2 ///

3 BY MR. FELDMAN:

4 Q.: AND DID SHE INDICATE TO YOU THAT SHE HAD BEEN —

5 WHAT, IF ANYTHING — DID SHE SAY ANYTHING TO YOU ABOUT BRENDA

6 VAN DAM APPROACHING HER?

7 MR. DUSEK: OBJECTION, HEARSAY. NOT INCONSISTENT.

8 THE COURT: IT’S NOT INCONSISTENT. I’LL HEAR YOU AT

9 SIDEBAR AS TO THE REASON I SHOULD ALLOW THE INQUIRY.

10

11

12 (BENCH CONFERENCE NOT PART OF PUBLIC RECORD.)

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

.

7228

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24 (THE FOLLOWING PROCEEDINGS WERE HELD IN
OPEN COURT IN THE PRESENCE OF THE JURY:)
25

26 THE COURT: ALL RIGHT. MR. FELDMAN.

27 MR. FELDMAN: THANK YOU.

28 Q.: WHEN YOU WERE TALKING WITH MS. YOUNGS, SHE

.

7229

1 SPECIFICALLY TOLD YOU THAT SHE SAW BRENDA VAN DAM DANCING WITH

2 DAVE WESTERFIELD AT DAD’S THAT ON THE 1ST, ISN’T THAT RIGHT?

3 A.: YES.

4 Q.: SHE TOLD YOU THAT SHE KNEW DAVE REFERRING TO

5 WESTERFIELD BECAUSE SHE HAD PLAYED POOL WITH HIM AT DAD’S BEFORE

6 AND SHE ALSO KNEW HIM FROM O’HARLEY’S BAR ON COMMUNITY ROAD, IS

7 THAT RIGHT?

8 A.: YES. THAT’S TRUE.

9 Q.: AND FINALLY SHE TOLD YOU THAT AT ABOUT 1:30 P.M. AT

10 LAST CALL BRENDA AND BARBARA INVITED HER AND A MALE FRIEND OF

11 HERS TO COME OVER TO BRENDA’S HOUSE AND PARTY WITH THEM,

12 CORRECT?

13 A.: YES.

14 Q.: CHEROKEE YOUNGS INDICATED TO YOU THAT SHE DECLINED

15 THE OFFER AND SAW BARBARA AND BRENDA LEAVE THE CLUB, IS THAT

16 RIGHT.

17 A.: YES. THAT’S TRUE.

18 MR. FELDMAN: NO FURTHER QUESTIONS.

19 THE COURT: ALL RIGHT. CROSS-EXAMINATION.

20

21 CROSS-EXAMINATION +

22 BY MR. DUSEK:

23 Q.: WHEN WERE YOU AT THE DAD’S TO DO THE INTERVIEW,

24 SIR?

25 A.: I ARRIVED AROUND I BELIEVE AROUND 10:00 AT THAT

26 POINT.

27 Q.: IN THE MORNING OR AFTERNOON?

28 A.: P.M.

.

7230

1 Q.: YOU HOPED TO FIND SOME OF THE REST AT DAD’S AT THAT

2 TIME?

3 A.: YES. THAT’S WHAT MY JOB WAS.

4 Q.: YOU DID?

5 A.: NOT MANY BUT YEAH, A FEW.

6 Q.: CHEROKEE YOUNGS IS ONE OF THEM YOU FOUND?

7 A.: YES.

8 Q.: HOW LONG HAD SHE BEEN AT THE BAR THE NIGHT THAT YOU

9 SPOKE WITH HER?

10 MR. FELDMAN: OBJECTION, NO FOUNDATION, SPECULATION.

11 THE COURT: OVERRULED.

12 IF YOU KNOW, YOU MAY ANSWER.

13 THE WITNESS: I DO NOT KNOW THAT ONE.

14

15 BY MR. DUSEK:

16 Q.: DID YOU ASK HER HOW MUCH SHE HAD BEEN DRINKING THE

17 TIME THAT YOU INTERVIEWED HER AT DAD’S?

18 A.: I DID NOT SPECIFICALLY ASK THAT QUESTION.

19 Q.: WAS SHE DRINKING AT DAD’S WHEN YOU WERE

20 INTERVIEWING HER?

21 A.: WHEN I WAS INTERVIEWING HER?

22 Q.: DURING THE TIME THAT YOU WERE THERE WITH HER?

23 A.: NO. SHE WAS NOT DRINKING AT THE TIME I WAS WITH

24 HER.

25 Q.: DID YOU SEE HER DRINKING?

26 A.: I — I SAW HER SITTING AT A TABLE AT ONE TIME AND

27 DRINKS WERE ON THE TABLE. I DID NOT SEE HER SPECIFICALLY TAKE A

28 DRINK.

.

7231

1 Q.: DID YOU MAKE ANY INQUIRIES TO DETERMINE WHETHER OR

2 NOT THE INFORMATION SHE WAS GIVING YOU WAS BASED UPON A SOBER

3 RECOLLECTION OR INFLUENCED BY ALCOHOL?

4 A.: I DID DO THAT. ON THE FOLLOWING MONDAY, WHICH WAS

5 TWO DAYS LATER, I CALLED HER AT HER HOUSE AND HAD HER VERIFY THE

6 ENTIRE STATEMENT AGAIN TO ME.

7 Q.: ON THE DATE AT THE — THE 1ST OF FEBRUARY, WHEN SHE

8 WAS DESCRIBING FOR YOU THE EVENTS, DID YOU ASK HER HOW MUCH SHE

9 HAD BEEN DRINKING THAT NIGHT?

10 A.: NO, I DIDN’T. SHE DID NOT APPEAR —

11 Q.: WELL, YOU WERE INTERVIEWING HER ON THE 8 TH OF

12 FEBRUARY, CORRECT?

13 A.: YES.

14 Q.: REGARDING EVENTS ON THE 1ST OF FEBRUARY?

15 A.: YES.

16 Q.: AND SHE WAS RELATING TO YOU HER MEMORY OF THE

17 EVENTS ON THE 1ST OF FEBRUARY, RIGHT?

18 A.: YES, SIR.

19 Q.: SO DID YOU TRY TO DETERMINE WHETHER OR NOT, WHEN

20 SHE WAS DOING THINGS ON THE 1ST OF FEBRUARY, SHE WAS IMPAIRED?

21 A.: I DID NOT ASK HER IF SHE WAS IMPAIRED ON THE 1ST.

22 Q.: BASICALLY YOU DIDN’T THINK OF THAT, DID YOU?

23 A.: NO, I DID NOT.

24 Q.: DID SHE GIVE YOU A SPECIFIC TIME AS TO WHEN SHE

25 ARRIVED AT DAD’S ON THE 1ST OF FEBRUARY?

26 A.: THAT WAS BETWEEN 9:30 AND 10:30 SHE SAID.

27 Q.: SO SHE TOLD YOU SHE WAS, WHAT, UNCERTAIN ABOUT THE

28 EXACT TIME?

.
7232

1 A.: YES. THAT’S WHAT SHE SEEMED TO REMEMBER, BETWEEN

2 9:30 AND 10:30.

3 Q.: DID SHE TELL YOU THAT SHE ARRIVED AT DAD’S AFTER

4 VISITING OR CONTACTING A FRIEND AT SOME OTHER LOCATION?

5 A.: I DO NOT REMEMBER HER SAYING THAT SHE CAME FROM

6 ANOTHER LOCATION.

7 Q.: DO YOU RECALL HER SAYING SHE HAD MET UP WITH AN

8 YVETTE AT DAD’S.

9 A.: YES ‘CAUSE SHE WAS WITH A FEMALE FRIEND. SHE SAID

10 SHE HAD MET WITH A FEMALE FRIEND AT THE CLUB.

11 Q.: AT THE CLUB BEING DAD’S?

12 A.: YES.

13 Q.: DID SHE TELL YOU THAT THE EVENTS THAT SHE WAS

14 DESCRIBING HAD JUST — SHE HAD JUST MET UP WITH THIS YVETTE?

15 A.: I DON’T UNDERSTAND. CAN YOU SAY IT AGAIN?

16 Q.: DID SHE INDICATE HOW LONG SHE HAD BEEN AT DAD’S

17 BEFORE SHE MET UP WITH YVETTE OR DID YOU NOT INQUIRE?

18 A.: I DID NOT INQUIRE.

19 MR. DUSEK: THANK YOU, SIR.

20 THE COURT: ALL RIGHT.

21 ANYTHING FURTHER?

22 MR. FELDMAN: I’M SORRY.

23

24 REDIRECT EXAMINATION +

25 BY MR. FELDMAN:

26 Q.: DID YOU SAY YOU CALLED HER BACK TWO DAYS LATER?

27 A.: YES.

28 Q.: WHY DID YOU DO THAT?

.

7233

1 A.: WELL, IT IS A NIGHTCLUB, AND JUST TO SEE IF THIS

2 STORY WAS STILL THE SAME.

3 Q.: IN OTHER WORDS, YOU WANTED TO MAKE CERTAIN THAT THE

4 INFORMATION YOU WERE GETTING WAS ACCURATE, RIGHT?

5 A.: YES.

6 Q.: AND YOU WERE BEING CAREFUL, BECAUSE THIS WAS A

7 SERIOUS CASE, TO MAKE SURE THAT THE INFORMATION YOU HAD OBTAINED

8 WAS CONSISTENT WITH THE WITNESS’ MEMORY, IS THAT RIGHT?

9 A.: YES.

10 Q.: SO WHAT YOU DID WAS —

11 MR. DUSEK: OBJECTION, LEADING.

12 THE COURT: OVERRULED. LET’S GET THE QUESTION OUT.

13

14 BY MR. FELDMAN:

15 Q.: WHAT YOU DID WAS JUST TO EXERCISE GOOD POLICE WORK

16 BY FOLLOWING UP YOUR INTERVIEW, ISN’T THAT RIGHT?

17 A.: YES.

18 MR. FELDMAN: NO FURTHER QUESTIONS.

19 THE COURT: ANYTHING FURTHER, MR. DUSEK?

20 MR. DUSEK: NO, YOUR HONOR.

21 THE COURT: ALL RIGHT.

22 DETECTIVE, THANK YOU VERY MUCH FOR COMING IN.

23 YOU’RE FREE TO LEAVE. PLEASE REMEMBER YOU’RE UNDER AN

24 ADMONITION NOT TO DISCUSS YOUR TESTIMONY WITH ANYONE UNTIL THE

25 MATTER’S CONCLUDED, OTHER THAN AS RELATES TO YOUR OFFICIAL

26 DUTIES.

27 THE WITNESS: YES, SIR.

28 THE COURT: ALL RIGHT. THANK YOU.

.

7234

1 ALL RIGHT. MR. FELDMAN.

2 MR. FELDMAN: GLEN HE MASON YOUR HONOR.

3 -GLENNIE NASLAND, +

4 DEFENDANT’S WITNESS, HAVING BEEN SWORN, TESTIFIED AS FOLLOWS:

5

6 THE COURT: PLEASE HAVE A SEAT, MA’AM.

7 THE CLERK: MA’AM, PLEASE STATE YOUR NAME AND SPELL IT

8 FOR THE RECORD.

9 THE WITNESS: GLENNIE NASLAND, G-L-E-N-N-I-E,

10 N-A-S-L-A-N-D

11

12 DIRECT EXAMINATION +

13 BY MR. BOYCE:

14 Q.: WE HEAR A BIT OF AN ACCENT?

15 A.: I’M FROM DENMARK.

16 Q.: IS THAT WHERE YOUR ACCENT’S FROM?

17 A.: YEAH.

18 Q.: YOU UNDERSTAND ENGLISH, THOUGH; IS THAT CORRECT?

19 A.: YES.

20 Q.: DO YOU KNOW A PERSON BY THE NAME OF DAVID

21 WESTERFIELD?

22 A.: YES, I DO.

23 Q.: HOW LONG HAVE YOU KNOWN HIM?

24 A.: AROUND FOUR YEARS.

25 Q.: WHERE DID YOU MEET MR. WESTERFIELD?

26 A.: AT THE STONE LODGE IN POWAY.

27 Q.: IS THAT — WHAT IS THE STONE LODGE?

28 A.: IT’S A COUNTRY CLUB.

.

7235

1 Q.: IS IT A BAR?

2 A.: YEAH.

3 Q.: CAN YOU EAT FOOD THERE, TOO?

4 A.: YES.

5 Q.: DID YOU INTRODUCE MR. WESTERFIELD TO ANY OF YOUR

6 FRIENDS?

7 A.: YEAH, SUSAN.

8 Q.: IS THAT SUSAN LELEK?

9 A.: YEAH.

10 Q.: L-E-L-E-K?

11 A.: I THINK SO, YEAH.

12 Q.: AND DID — WAS THIS A GIRLFRIEND OF MR.

13 WESTERFIELD’S?

14 A.: YES.

15 Q.: DID THEY DATE FOR A WHILE?

16 A.: YES.

17 Q.: HOW LONG DID THEY DATE?

18 A.: I THINK AROUND A YEAR AND A HALF OR SO, MAYBE MORE.

19 I’M NOT QUITE SURE.

20 Q.: NOW, ON FEBRUARY 1ST, DID YOU GO TO A BAR?

21 A.: YES.

22 Q.: WHERE DID YOU GO?

23 A.: DAD’S CAFE IN POWAY.

24 Q.: WHAT TIME DID YOU ARRIVE?

25 A.: PROBABLY AROUND 10 O’CLOCK.

26 Q.: DID YOU SEE ANYBODY THERE THAT YOU KNEW?

27 A.: YES.

28 Q.: WHO DID YOU SEE?

.

7236

1 A.: I SAW DAVID, GARRY, JEFF AND SOME OF MY OTHER

2 FRIENDS.

3 Q.: YOU SAID DAVID. YOU’RE REFERRING TO DAVID

4 WESTERFIELD?

5 A.: YES.

6 Q.: DO YOU SEE MR. WESTERFIELD HERE IN COURT?

7 A.: YES, I DO.

8 Q.: IS THIS THE PERSON THAT I’M PLACING MY HAND ON HIS

9 SHOULDER?

10 A.: YES.

11 Q.: AND YOU SAID GARRY. WHO DO YOU MEAN BY GARRY?

12 A.: MY FRIEND GARRY, GARRY HARVEY.

13 Q.: YOU ALSO MENTIONED JEFF?

14 A.: YEAH.

15 Q.: WHAT’S JEFF’S LAST NAME?

16 A.: I CAN’T RECALL.

17 Q.: JEFF FEECE?

18 A.: YEAH, THAT’S IT.

19 Q.: WHEN YOU ARRIVED AT THE BAR, WHERE DID YOU SEE MR.

20 WESTERFIELD?

21 A.: UP AT THE BAR, IN THE CORNER OF THE BAR.

22 Q.: DID MR. WESTERFIELD INTRODUCE YOU TO ANYBODY?

23 A.: I DON’T RECALL.

24 Q.: DO YOU RECALL HIM INTRODUCING YOU TO A WOMAN BY THE

25 NAME OF BRENDA?

26 A.: YEAH.

27 Q.: AND DID HE TELL YOU WHO BRENDA WAS?

28 A.: YEAH.

.

7237

1 Q.: WHO DID HE TELL YOU BRENDA WAS?

2 A.: HIS NEIGHBOR.

3 Q.: DID YOU SEE MR. WESTERFIELD DANCING AT ALL THAT

4 EVENING?

5 A.: YES, I DID.

6 Q.: AND WHO WAS — DO YOU KNOW WHO HE WAS DANCING WITH?

7 A.: YES.

8 Q.: WHO WAS HE DANCING WITH?

9 A.: DENISE.

10 Q.: AND WHO IS DENISE?

11 A.: I THINK IT’S BRENDA’S FRIEND.

12 Q.: HOW DID YOU MEET DENISE?

13 A.: I DIDN’T REALLY TALK TO DENISE, BUT DENISE WAS

14 STANDING TOGETHER WITH BRENDA UP AT THE BAR.

15 Q.: AND YOU RECALL MR. WESTERFIELD DANCING WITH DENISE?

16 A.: YES.

17 Q.: DID YOU SEE MR. WESTERFIELD DANCING WITH ANYONE

18 ELSE THAT EVENING?

19 A.: BRENDA WAS ON HIS RIGHT SIDE DANCING, AND HE TURNED

20 AROUND AND HE DANCED FOR A FEW SECONDS WITH HER, AND HE TURNED

21 AROUND AND CARRIED ON DANCING WITH DENISE.

22 Q.: AND DID YOU SEE HOW THEY WERE DANCING?

23 A.: DAVID WAS DANCING NORMAL. SHE WAS DANCING KIND OF

24 FLIRTATIOUS.

25 Q.: WHO WAS?

26 A.: DENISE.

27 Q.: DENISE WAS?

28 A.: YES.

.

7238

1 Q.: WHEN YOU SAY “FLIRTATIOUS” HOW DO YOU MEAN?

2 A.: RUBBING HERSELF UP AGAINST HIM.

3 Q.: WHAT PART OF HER BODY WAS SHE RUBBING AGAINST MR.

4 WESTERFIELD?

5 A.: HER BOTTOM.

6 Q.: WHAT ABOUT BRENDA, WAS SHE DANCING IN A SIMILAR OR

7 SAME MANNER?

8 A.: NOT THAT I RECALL, NO.

9 Q.: WAS SHE CLOSE TO MR. WESTERFIELD WHEN SHE WAS

10 DANCING?

11 A.: NOT TOO CLOSE.

12 Q.: BUT HE WAS DANCING IN BETWEEN THEM, IS THAT RIGHT?

13 A.: YEAH. WELL, SHE WAS OVER KIND OF TO THE RIGHT OF

14 HIM AND HE TURNED AROUND, JUST DANCED FOR A FEW SECONDS, AND

15 THEN TURNED AROUND AND CARRIED ON DANCING WITH DENISE.

16 Q.: DID YOU HAVE A CONVERSATION WITH BRENDA AND DENISE

17 LATER THAT NIGHT?

18 A.: YES.

19 Q.: HOW DID THAT CONVERSATION MAKE YOU FEEL?

20 A.: VERY UNCOMFORTABLE.

21 MR. DUSEK: OBJECTION, IRRELEVANT.

22 THE COURT: SUSTAINED. WHAT ANSWER WAS HEARD WILL BE

23 STRUCK. JURY TO DISREGARD.

24

25 BY MR. BOYCE:

26 Q.: DID BRENDA OR DENISE MAKE ANY SEXUAL REMARKS TO

27 YOU?

28 A.: YES.

.

7239

1 Q.: AND WHAT TYPE OF REMARKS DID THEY MAKE?

2 MR. DUSEK: OBJECTION, VAGUE AS TO WHOM.

3 THE COURT: SUSTAINED. BE SPECIFIC, COUNSEL.

4

5 BY MR. BOYCE:

6 Q.: DID BRENDA MAKE ANY SEXUAL REMARKS TO YOU?

7 A.: YES.

8 Q.: AND WHAT TYPE OF REMARKS DID SHE MAKE TO YOU?

9 A.: SHE SAID SOMETHING ABOUT A GAY BAR IN SAN FRANCISCO

10 THAT SHE WENT TO AND —

11 MR. DUSEK: OBJECTION, IRRELEVANT, 352.

12 THE COURT: SUSTAINED.

13 MR. DUSEK: ASK THAT BE STRICKEN.

14 THE COURT: LADIES AND GENTLEMEN OF THE JURY, YOU’RE TO

15 DISREGARD THE LAST ANSWER.

16

17 BY MR. BOYCE:

18 Q.: DID SHE MAKE ANY SEXUAL REMARKS ABOUT ANYTHING

19 OCCURRING THAT EVENING TO YOU?

20 A.: NOT THAT I RECALL.

21 Q.: WHAT ABOUT DENISE, DID SHE MAKE ANY SEXUAL REMARKS

22 TO YOU THAT EVENING?

23 A.: NO.

24 Q.: WHAT ABOUT THE LOOKS YOU WERE GETTING FROM BRENDA

25 AND DENISE — OR BRENDA, FIRST OF ALL, WERE YOU GETTING ANY

26 SEXUAL LOOKS FROM BRENDA?

27 MR. DUSEK: OBJECTION, VAGUE.

28 THE COURT: SUSTAINED.

.

7240

1

2 ///

3 BY MR. BOYCE:

4 Q.: DID YOU WALK AWAY FROM THEM DURING THIS

5 CONVERSATION?

6 A.: YES.

7 Q.: WHY DID YOU WALK AWAY FROM THEM?

8 MR. DUSEK: OBJECTION, SPECULATION, NO FOUNDATION, 352.

9 THE COURT: NO FOUNDATION. SUSTAINED.

10

11 BY MR. BOYCE:

12 Q.: DID YOU FEEL UNCOMFORTABLE?

13 MR. DUSEK: OBJECTION, LEADING, SPECULATION, NO

14 FOUNDATION.

15 THE COURT: OVERRULED.

16 YOU CAN ANSWER THAT YES OR NO.

17 THE WITNESS: YES.

18

19 BY MR. BOYCE:

20 Q.: IS THIS BECAUSE OF THE CONVERSATION THAT YOU HAD

21 BEEN HAVING WITH THEM?

22 MR. DUSEK: OBJECTION.

23 THE COURT: THAT CAN BE ANSWERED YES OR NO WITHOUT

24 REPEATING ANYTHING. YOU MAY ANSWER.

25 THE WITNESS: YES.

26 THE COURT: ALL RIGHT.

27

28 BY MR. BOYCE:

.

7241

1 Q.: DID YOU SEE MR. WESTERFIELD LEAVE THE BAR THAT

2 EVENING?

3 A.: YES.

4 Q.: WHAT TIME DID HE LEAVE?

5 A.: JUST BEFORE MIDNIGHT.

6 Q.: WHAT WAS HIS STATE OF SOBRIETY WHEN HE LEFT?

7 A.: HE WAS DRUNK.

8 Q.: WHEN — AS HE LEFT DID HE MENTION WHERE HE WAS

9 GOING?

10 MR. DUSEK: OBJECTION, HEARSAY.

11 THE COURT: SUSTAINED.

12 YOU NEED NOT ANSWER.

13 MR. BOYCE: IT’S A STATE OF MIND, YOUR HONOR.

14 THE COURT: OVERRULED. NEXT QUESTION.

15

16 BY MR. BOYCE:

17 Q.: DID HE MAKE ANY INVITATION TO YOU?

18 MR. DUSEK: OBJECTION, HEARSAY.

19 THE COURT: SUSTAINED.

20

21 BY MR. BOYCE:

22 Q.: AT THE TIME THAT MR. WESTERFIELD LEFT THE BAR, DID

23 YOU SEE WHERE BRENDA WAS AT THAT TIME?

24 A.: YES, SHE WAS UP AT THE BAR.

25 Q.: SHE WAS?

26 A.: YES.

27 Q.: WAS SHE STILL DRINKING?

28 A.: YES.

.

7242
1 Q.: WHAT WAS SHE DRINKING?

2 A.: SOME RED DRINK. I THINK IT WAS VODKA AND CRANBERRY

3 JUICE.

4 Q.: WERE YOU SHOWN ANY REPORTS BY THE DEFENSE?

5 A.: NOT THAT I RECALL.

6 Q.: SOME WRITTEN REPORTS?

7 SHOWING YOU A THREE PAGE REPORT, DO YOU RECALL

8 SEEING THIS REPORT?

9 A.: YES.

10 Q.: AND REFERRING THAT REPORT, THERE IS A STATEMENT

11 “WESTERFIELD CAME TO THE BAR AFTER SHE DID,” REFERRING TO YOU.

12 DO YOU RECALL MAKING THAT STATEMENT TO THE POLICE?

13 A.: HE WAS THERE WHEN I CAME.

14 Q.: WHEN YOU READ THIS REPORT DID YOU NOTE THAT THAT

15 STATEMENT WAS WRONG?

16 A.: YES.

17 Q.: DID YOU CALL ANYONE TO TELL THEM IT WAS WRONG?

18 A.: NO.

19 Q.: DID YOU TELL EITHER MR. FELDMAN OR MARION PASAS

20 THAT THAT STATEMENT WAS INCORRECT WHEN YOU TALKED TO THEM?

21 A.: YES.

22 MR. BOYCE: I DON’T HAVE ANYTHING FURTHER, YOUR HONOR.

23 THE COURT: ALL RIGHT. CROSS-EXAMINATION.

24

25 CROSS-EXAMINATION +

26 BY MR. DUSEK:

27 Q.: YOU DESCRIBED MR. WESTERFIELD’S CONDITION THAT

28 NIGHT AS DRUNK?

.

7243

1 A.: YES.

2 Q.: DID YOU DRIVE HIM HOME?

3 A.: NO.

4 Q.: IS HE A FRIEND OF YOURS?

5 A.: YES.

6 Q.: ARE YOU CONCERNED ABOUT HIS SAFETY?

7 A.: YES.

8 Q.: DID YOU HAVE A CAR?

9 A.: YES.

10 Q.: HOW FAR DID HE LIVE FROM DAD’S?

11 A.: FIVE MINUTES AWAY I THINK.

12 Q.: DID YOU HAVE ANYTHING TO DO THAT NIGHT?

13 A.: NO.

14 Q.: WERE YOU DRUNK?

15 A.: NO.

16 Q.: YOU WERE SOBER ENOUGH TO DRIVE A GOOD FRIEND

17 HOME —

18 A.: YES.

19 Q.: — IF HE WAS DRUNK?

20 A.: YES.

21 Q.: YOU CHOSE NOT TO?

22 A.: I GUESS SO, YEAH.

23 Q.: HE REALLY WASN’T THAT DRUNK, WAS HE?

24 A.: YES, HE WAS. HE WAS DRUNK WHEN HE LEFT THE BAR.

25 Q.: DO YOU RECALL BEING ASKED BY LAW ENFORCEMENT AT

26 YOUR FIRST INTERVIEW TO DESCRIBE HIS CONDITION, HIS STATE OF

27 SOBRIETY?

28 A.: YES.

.

7244

1 Q.: DID YOU TELL THEM THE TRUTH?

2 A.: I FIRST SAID I’D RATHER NOT SAY, AND THEN I DID

3 CALL THEM BACK AND SAID HE WAS DRUNK.

4 Q.: SO THE FIRST TIME THEY INTERVIEWED YOU DID YOU KNOW

5 WHAT THEY WERE INVESTIGATING?

6 A.: YES.

7 Q.: WHAT DID YOU KNOW THEY WERE INVESTIGATING? WHAT

8 DID YOU KNOW WAS THE NATURE OF THE INVESTIGATION?

9 A.: OF THE DISAPPEARANCE OF DANIELLE VAN DAM.

10 Q.: DID THAT SEEM PRETTY IMPORTANT TO YOU?

11 A.: VERY MUCH SO.

12 Q.: WHY?

13 A.: BECAUSE I HAVE TWO KIDS MYSELF.

14 Q.: SO YOU COULD UNDERSTAND THE OFFICER’S INTEREST IN

15 GETTING ALL THE INFORMATION YOU HAD, CORRECT?

16 A.: YES.

17 Q.: YOU’RE VERY GOOD FRIENDS WITH DAVID WESTERFIELD,

18 AREN’T YOU?

19 A.: YES.

20 Q.: IN FACT, YOU SMILED AT HIM WITH A BIG SMILE WHEN

21 YOU GOT HERE IN COURT?

22 MR. FELDMAN: OBJECTION.

23 THE COURT: OVERRULED.

24 THE WITNESS: YES.

25

26 BY MR. DUSEK:

27 Q.: AND HE SMILED BACK AT YOU, DIDN’T HE?

28 A.: YES.

.

7245

1 Q.: YOU CONSIDER HIM A REAL GOOD FRIEND, DON’T YOU?

2 A.: IT DEPENDS WHAT KIND OF FRIEND YOU MEAN.

3 Q.: YOU CONSIDER HIM A REAL GOOD FRIEND, DON’T YOU?

4 A.: HE IS A GOOD FRIEND TO ME, YEAH.

5 Q.: IN FACT, YOU’VE BEEN CALLING HIM SINCE THESE EVENTS

6 OCCURRED?

7 A.: I HAVE CALLED HIM ONCE.

8 Q.: AND WHEN THE OFFICERS WANTED TO KNOW WHAT

9 INFORMATION YOU HAD ABOUT DAVID WESTERFIELD THAT NIGHT YOU

10 WITHHELD INFORMATION, DIDN’T YOU?

11 A.: NOT THAT I RECALL.

12 Q.: DID YOU ANSWER THE OFFICER’S QUESTION AS TO WHETHER

13 OR NOT HE WAS — HIS STATE OF SOBRIETY?

14 A.: I DID ANSWER I’D RATHER NOT SAY, BUT I DID CALL

15 BACK AND SAID YES, HE WAS DRUNK.

16 Q.: SO WHEN YOU SAID YOU DIDN’T WANT TO SAY —

17 A.: UM-HMM.

18 Q.: — YOU WANTED TO PROTECT YOUR FRIEND, RIGHT?

19 A.: I GUESS SO, YEAH.

20 MR. BOYCE: OBJECTION, ARGUMENTATIVE.

21 THE COURT: OVERRULED. THE ANSWER WILL STAND.

22

23 BY MR. DUSEK:

24 Q.: YOU DIDN’T WANT TO PROVIDE THE OFFICERS ANY

25 NEGATIVE OR BAD INFORMATION ABOUT YOUR FRIEND, DID YOU?

26 MR. BOYCE: OBJECTION, ARGUMENTATIVE.

27 THE COURT: OVERRULED.

28 THE WITNESS: I DON’T KNOW

.

7246

1

2 ///

3 BY MR. DUSEK:

4 Q.: IS THAT TRUE?

5 A.: I DON’T KNOW.

6 Q.: YOU DIDN’T WANT TO SEE HIM GET IN TROUBLE, DID YOU?

7 A.: NO.

8 Q.: SO YOU WITHHELD INFORMATION?

9 MR. BOYCE: OBJECTION, ARGUMENTATIVE.

10 THE COURT: IT’S BEEN ASKED AND ANSWERED. SUSTAINED.

11

12 BY MR. DUSEK:

13 Q.: DID YOU MAKE A DETERMINATION AS TO WHAT WAS

14 RELEVANT AND WHAT WASN’T RELEVANT?

15 A.: I DON’T UNDERSTAND.

16 Q.: DID YOU MAKE A DECISION WHEN YOU’RE ANSWERING THE

17 OFFICER’S QUESTIONS AS TO WHAT WAS IMPORTANT FOR THEM TO KNOW

18 AND WHAT WASN’T IMPORTANT FOR THEM TO KNOW?

19 A.: WELL, I KNOW EVERYTHING THAT THEY NEED TO KNOW WAS

20 IMPORTANT AND THAT WAS WHY I CALLED BACK AND TOLD THEM.

21 Q.: AT THE INITIAL INTERVIEW YOU KNEW WHAT WAS

22 IMPORTANT, TOO, DIDN’T YOU?

23 A.: YES.

24 Q.: AND YOU WITHHELD IT?

25 A.: YES.

26 Q.: AND WHEN YOU CALLED THE OFFICERS BACK, YOU TOLD

27 THEM YOU’RE CALLING THEM BACK BECAUSE SOMEONE TOLD YOU TO CALL

28 BACK, CORRECT?

.

7247

1 A.: YES.

2 Q.: SO IT WASN’T YOUR DECISION TO CALL BACK. IT WAS

3 SOMEONE ELSE’S DECISION?

4 A.: YES.

5 Q.: AND IF THE FRIEND HADN’T BEEN THERE TO TELL YOU TO

6 DO IT YOU NEVER WOULD HAVE DONE IT, WOULD YOU?

7 MR. FELDMAN: SPECULATION, ARGUMENTATIVE.

8 THE COURT: SUSTAINED. NEED NOT ANSWER.

9

10 BY MR. DUSEK:

11 Q.: WHAT TIME DID YOU ARRIVE AT DAD’S?

12 A.: JUST AROUND 10 O’CLOCK.

13 Q.: HAD YOU BEEN THERE THE WEEK BEFORE?

14 A.: NO.

15 Q.: HOW OFTEN DO YOU GO THERE?

16 A.: MAYBE ONCE EVERY OTHER WEEK.

17 Q.: HOW OFTEN DO YOU SEE MR. WESTERFIELD THERE?

18 A.: I THINK THAT THAT WAS THE FIRST TIME I SAW HIM

19 THERE.

20 Q.: HOW LONG HAD YOU KNOWN HIM UP UNTIL THAT POINT?

21 A.: PROBABLY CLOSE TO FOUR YEARS.

22 Q.: WHERE ELSE HAD YOU SEEN HIM?

23 A.: AT DAD’S CAFE — NO, EXCUSE ME — AT THE STONE

24 LODGE.

25 Q.: HAD YOU SOCIALIZED WITH HIM BEFORE?

26 A.: NO.

27 Q.: HAD YOU BEEN OUT WITH HIM BEFORE?

28 A.: NO.

.

7248

1 Q.: WHEN YOU’RE AT THE STONE LODGE, HOW IS IT THAT YOU

2 GET TO SEE HIM OR KNOW HIM THERE?

3 A.: I WOULD BE THERE AND HE WOULD SHOW UP TOGETHER WITH

4 HIS FRIENDS AND WE’LL ALL HANG OUT TOGETHER.

5 Q.: SO YOU WOULD SOCIALIZE WITH HIM?

6 A.: YEAH.

7 Q.: HOW MUCH WERE YOU DRINKING ON THE 1ST OF FEBRUARY?

8 A.: I HAD TWO DRINKS.

9 Q.: THE ENTIRE TIME YOU WERE THERE?

10 A.: YES.

11 Q.: WHO WERE YOU WITH?

12 A.: MY GIRLFRIEND BEVERLY.

13 Q.: WHAT TYPE OF DRINKS?

14 A.: MIXED DRINK.

15 Q.: WHICH WERE?

16 A.: SEX ON THE BEACH.

17 Q.: WHAT’S IN THAT?

18 A.: VODKA, CRANBERRY JUICE, AND I THINK SOMETHING ELSE.

19 I’M NOT QUITE SURE.

20 Q.: LIKE 7-UP?

21 A.: MAYBE.

22 Q.: IS VODKA THE ONLY ALCOHOL IN THAT DRINK?

23 A.: I THINK SO.

24 Q.: HOW MANY OF THOSE?

25 A.: TWO.

26 Q.: AND YOU HAD TWO DRINKS UNTIL YOU LEFT?

27 A.: YES.

28 Q.: WHAT TIME DID YOU LEAVE?

.

7249

1 A.: JUST AROUND 1 O’CLOCK.

2 Q.: DID YOU LEAVE WITH ANYONE?

3 A.: NO.

4 Q.: WHEN DID THE DEFENDANT LEAVE?

5 A.: JUST BEFORE MIDNIGHT.

6 Q.: JUST BEFORE MIDNIGHT?

7 A.: JUST BEFORE MIDNIGHT.

8 Q.: DID YOU SEE HIM LEAVE?

9 A.: YES.

10 Q.: HAVE YOU SEEN ANY OF THE TV COVERAGE OF THIS CASE?

11 A.: YES.

12 Q.: HOW MUCH?

13 A.: I DON’T KNOW. I’M HOME EVERY DAY. I HAVE DAY CARE

14 SO —

15 Q.: YOU’VE BEEN WATCHING THE TRIAL BASICALLY THE WHOLE

16 TIME YOU’VE BEEN AT HOME?

17 A.: NOT QUITE, NO.

18 Q.: HOW MUCH — HOW MANY PEOPLE HAVE YOU SEEN TESTIFY?

19 A.: I DON’T KNOW.

20 Q.: WHO HAVE YOU SEEN TESTIFY?

21 A.: I DON’T KNOW. I DIDN’T — I DIDN’T KEEP COUNT. I

22 WAS IN AND OUT BECAUSE I DO MY BUSINESS, SO I DON’T REALLY SIT

23 AND WATCH ALL THE TIME.

24 Q.: IS YOUR MEMORY OF WHAT HAPPENED AT DAD’S BETTER

25 THAN YOUR MEMORY OF WHAT YOU’VE SEEN ON TV ABOUT THIS TRIAL?

26 A.: OH, YEAH. I CAN REMEMBER EVERYTHING FROM THAT

27 NIGHT.

28 Q.: HAVE YOU SEEN BRENDA VAN DAM TESTIFY IN THIS CASE?

.

7250

1 A.: YES, I HAVE.

2 Q.: SO YOU CAN REMEMBER SEEING HER TESTIFY?

3 A.: YES.

4 Q.: WHEN I ASKED YOU WHO YOU SAW TESTIFY WHY COULDN’T

5 YOU REMEMBER THAT NAME?

6 MR. FELDMAN: ARGUMENTATIVE, OBJECTION.

7 THE COURT: OVERRULED.

8 THE WITNESS: I SAID — I DIDN’T SAY THAT I DIDN’T SEE

9 HER. I SAID I DON’T KNOW HOW MANY I HAVE SEEN TESTIFY.

10

11 BY MR. DUSEK:

12 Q.: WHO HAVE YOU SEEN TESTIFY?

13 A.: DENISE AND BRENDA, QUITE A BIT OF THEM.

14 Q.: ALMOST ALL OF THEM, HAVEN’T YOU?

15 A.: NO, NOT ALL OF THEM.

16 Q.: HAVE YOU SEEN ALL THE PEOPLE WHO WERE AT DAD’S

17 TESTIFY?

18 A.: NO, I HAVEN’T.

19 Q.: WHO HAVE YOU SEEN FROM DAD’S THAT DID TESTIFY?

20 A.: DAVE — GARRY AND YVETTE.

21 Q.: SO YOU’VE SEEN BRENDA?

22 A.: YEAH.

23 Q.: GARRY HARVEY?

24 A.: UM-HMM.

25 Q.: YOU HAVE TO ANSWER WITH WORDS.

26 A.: YES, YES.

27 Q.: YVETTE WETLEY?

28 A.: YES.

.

7251

1 Q.: DENISE?

2 A.: YES.

3 Q.: RICH STONE — OR RICH BRADY?

4 A.: NO.

5 Q.: KEITH STONE?

6 A.: NO.

7 Q.: HAVE YOU SEEN ANY OF THE TV COVERAGE — BACK WHEN

8 THIS CASE WAS GETTING STARTED DID YOU SEE ANY OF THE TV

9 COVERAGE?

10 A.: YES.

11 Q.: DID YOU SEE ON TV THE DEFENDANT BEING INTERVIEWED

12 WHEN HE SAID HE LEFT DAD’S AT 10:00 TO 10:30?

13 A.: I DON’T RECALL.

14 Q.: DID HE LEAVE AT 10:00 TO 10:30?

15 A.: NO. HE LEFT JUST BEFORE MIDNIGHT.

16 Q.: SO IF ANYONE WERE TO SAY HE LEFT AT 10:00 TO 10:30,

17 THAT WOULD BE FALSE?

18 MR. FELDMAN: OBJECTION, ARGUMENTATIVE.

19 MR. BOYCE: OBJECTION.

20 THE COURT: OVERRULED.

21 THE WITNESS: YES. I RECALL BECAUSE I WENT WITH HIM TO

22 THE DOOR AND SAID GOODBYE TO HIM WHEN HE LEFT.

23

24 BY MR. DUSEK:

25 Q.: AND WHEN YOU WENT WITH (SIC) THE DOOR TO SAY

26 GOODBYE, DID YOU CHECK YOUR WATCH TO SEE WHAT TIME HE WAS

27 LEAVING?

28 A.: YES.

.

7252

1 Q.: WHY?

2 A.: BECAUSE I WANTED TO SEE WHAT TIME IT WAS BECAUSE I

3 WAS GETTING READY TO GO HOME MYSELF.

4 Q.: WHAT TIME DID YOU LEAVE?

5 A.: AT 1:00.

6 Q.: WHAT TIME DID HE LEAVE?

7 A.: AT JUST BEFORE MIDNIGHT.

8 Q.: WHAT DID YOU DO FOR THE NEXT HOUR?

9 A.: I WENT BACK AND HANG OUT WITH MY FRIENDS IN THE

10 BACK.

11 Q.: DID YOU SEE WHAT VEHICLE HE HAD THAT NIGHT?

12 A.: NO.

13 Q.: DID YOU SEE HIS MOTOR HOME?

14 A.: NO.

15 Q.: DO YOU KNOW IF HE HAS A MOTOR HOME?

16 A.: NO.

17 Q.: NO, YOU DON’T KNOW OR NO, HE —

18 A.: NO, I DON’T KNOW. I HAVE NEVER SEEN IT.

19 Q.: DID YOU SEE ANYBODY PLAYING POOL THAT NIGHT?

20 A.: YES.

21 Q.: WAS THE DEFENDANT PLAYING POOL?

22 A.: NO.

23 Q.: WHO WAS?

24 A.: BRENDA, DENISE, GARRY AND JEFF.

25 Q.: DID YOU SEE ANYBODY ELSE?

26 A.: NO.

27 Q.: WHAT WERE YOU DOING WHEN THEY WERE PLAYING POOL?

28 A.: I WAS STANDING A LITTLE BIT BACK FROM THE POOL

.

7253

1 TABLE AND TALKING TO DAVID.

2 Q.: DAVID WESTERFIELD WAS JUST KIND OF STANDING OVER

3 THERE WATCHING THEM PLAY POOL?

4 A.: YES.

5 Q.: HE NEVER DID PLAY POOL, DID HE?

6 A.: NO.

7 Q.: JUST KIND OF WATCHING?

8 A.: YEAH.

9 Q.: WAS HE DRINKING?

10 A.: YEAH.

11 Q.: WHAT?

12 A.: RUM AND COKE.

13 Q.: HOW DO YOU KNOW THAT?

14 A.: BECAUSE HE ALWAYS DRANK RUM AND COKE.

15 Q.: HOW DO YOU KNOW THAT?

16 A.: BECAUSE WE USED TO GO TO THE STONE LODGE ALL THE

17 TIME AND THAT’S HIS DRINK, RUM AND COKE.

18 Q.: YOU SOCIALIZE WITH HIM ENOUGH TO KNOW WHAT HIS

19 DRINK IS, RIGHT?

20 A.: YEAH.

21 Q.: YOU TALKED ABOUT THE DEFENDANT DANCING THAT NIGHT?

22 A.: YES.

23 Q.: HAD YOU BEEN THERE THE WEEK BEFORE?

24 A.: NO.

25 Q.: WERE YOU THERE THE WEEK AFTER?

26 A.: NO.

27 Q.: WAS DENISE DOING A LOT OF DANCING THE NIGHT YOU

28 WERE AT DAD’S?

.

7254

1 A.: I SAW HER A COUPLE OF TIMES ON THE DANCE FLOOR.

2 Q.: DID SHE SEEM LIKE SHE WAS OUT THERE MOST OF THE

3 NIGHT DANCING?

4 A.: I CAN’T RECALL. I ONLY SAW HER A COUPLE OF TIMES.

5 Q.: AND SHE WAS THE ONE YOU SAW THE DEFENDANT DANCE

6 WITH?

7 A.: YES.

8 Q.: AND ARE WE TALKING A FAST DANCE OR A SLOW DANCE?

9 A.: A FAST DANCE.

10 Q.: SO THEY’D BE SEPARATED?

11 A.: YES.

12 Q.: AND BRENDA JUST HAPPENED TO BE OUT ON THE DANCE

13 FLOOR AT THE SAME TIME?

14 A.: YES.

15 Q.: COULD YOU TELL WHO SHE WAS DANCING WITH? DID SHE

16 SEEM TO HAVE A PARTNER?

17 A.: NO. SHE WAS STANDING ON THE RIGHT OF MR.

18 WESTERFIELD.

19 Q.: WERE THERE OTHER PEOPLE ON THE DANCE FLOOR?

20 A.: YES.

21 Q.: LOTS OF PEOPLE WERE DANCING AT THE SAME TIME?

22 A.: YES.

23 Q.: DANCE FLOOR IS HARD, IS THAT RIGHT?

24 A.: YES.

25 Q.: AND WHEN THE PEOPLE ARE DANCING THEY’RE MOVING

26 THEIR FEET BACK AND FORTH?

27 A.: UM-HMM, YES.

28 Q.: CREATING FRICTION ON THEIR FEET?

.

7255

1 A.: I DON’T KNOW.

2 Q.: THERE WAS NO CARPET ON THE DANCE FLOOR, WAS THERE?

3 A.: NO.

4 Q.: ANY CARPET IN THE BUILDING?

5 A.: YEAH.

6 Q.: WHEN YOU WALK ON THAT CARPET — WELL, DID YOU SEE

7 MR. WESTERFIELD WALK AROUND THAT BUILDING THAT NIGHT?

8 A.: NO.

9 Q.: DID YOU SEE BRENDA VAN DAM WALK THROUGHOUT THE

10 BUILDING THAT NIGHT?

11 A.: NO.

12 Q.: SHE WAS STATIONARY THE WHOLE TIME?

13 A.: NO. I DIDN’T SEE HER WALKING AROUND BUT —

14 Q.: YOU SAW HER IN VARIOUS LOCATIONS?

15 A.: YES.

16 Q.: HOW FAR AWAY WAS SHE FROM THE DEFENDANT WHEN YOU

17 SAW THEM FAST DANCING, OR AT LEAST FAST DANCING AT THE SAME

18 SONG?

19 A.: I DON’T KNOW, MAYBE THIS FAR.

20 Q.: WELL, WHAT —

21 A.: MAYBE — I DON’T KNOW. I DON’T KNOW ANYTHING OF

22 THE THINGS THAT YOU SAY A FOOT OR CENTIMETER OR WHATEVER YOU

23 SAY.

24 Q.: LET’S FORGET ABOUT FOOT OR CENTIMETER. DO YOU SEE

25 SOMETHING IN HERE THAT WOULD BE APPROXIMATELY THE SAME DISTANCE?

26 A.: MAYBE THE DISTANCE BETWEEN THE LADY AND ME.

27 Q.: THE COURT REPORTER HERE?

28 A.: YEAH.

.

7256

1 Q.: APPEARS TO BE ABOUT THREE FEET, TWO AND A HALF,

2 THREE FEET?

3 THE COURT: APPEARS TO BE.

4

5 BY MR. DUSEK:

6 Q.: AND WITH THIS FAST DANCING WAS THERE ANY TOUCHING

7 BETWEEN DENISE AND THE DEFENDANT?

8 A.: YES.

9 Q.: THAT’S WHEN SHE WAS RUBBING HER FANNY UP AGAINST

10 HIM?

11 A.: YES.

12 Q.: BRENDA DIDN’T DO THAT, DID SHE?

13 A.: NO.

14 Q.: SHE STAYED — MAINTAINED PHYSICAL CONTACT AWAY FROM

15 THE DEFENDANT, RIGHT?

16 A.: YES.

17 Q.: THEY DID NOT TOUCH?

18 A.: NO.

19 Q.: THEY DID NOT GET NEXT TO EACH OTHER AND TOUCH OR

20 PLAY WITH HAIR OR ANYTHING LIKE THAT?

21 A.: NO.

22 Q.: IN FACT, SHE WASN’T EVEN CLOSE ENOUGH TO DROP ANY

23 OF HER HAIR ON MR. WESTERFIELD, WAS SHE?

24 MR. FELDMAN: SPECULATION, YOUR HONOR.

25 THE COURT: OVERRULED.

26 MR. FELDMAN: CAN THE RECORD AT LEAST REFLECT THAT MR.

27 DUSEK APPEARS TO BE DOING SOMETHING TO SERGEANT HOLMES’ HEAD AS

28 HE’S GESTICULATING?

.

7257

1 THE COURT: FLUFFING.

2 THE COURT: ALL RIGHT.

3 BY MR. DUSEK:

4 Q.: YOU DIDN’T SEE BRENDA VAN DAM PUT ANYTHING ON MR.

5 WESTERFIELD, DID YOU?

6 A.: NO.

7 Q.: THAT DANCE WAS THE ONLY TIME YOU SAW BRENDA VAN DAM

8 AND DAVID WESTERFIELD ON THE DANCE FLOOR AT THE SAME TIME?

9 A.: YES.

10 Q.: BRENDA VAN DAM APPEARED TO BE WITH HER CIRCLE OF

11 FRIENDS THROUGHOUT THAT NIGHT?

12 A.: NOT THE WHOLE NIGHT, NO. SHE WAS HANGING OUT WITH

13 ME AND DAVID AT THE BAR FOR A WHILE.

14 Q.: HOW LONG?

15 A.: PROBABLY 10 MINUTES. WE WERE STANDING TALKING, ALL

16 OF US TOGETHER.

17 Q.: TEN MINUTES?

18 A.: PROBABLY.

19 Q.: AND HOW LONG WERE YOU THERE THAT NIGHT?

20 A.: FROM 10:00 TO 1:00.

21 Q.: OKAY.

22 IS THAT WHEN HE INTRODUCED HER TO YOU AS A

23 NEIGHBOR?

24 A.: YEAH.

25 Q.: DID YOU GET HER NAME AT THAT TIME?

26 A.: YES.

27 Q.: WAS THAT EARLY IN THE EVENING?

28 A.: YES.

.

7258

1 Q.: AND THEN AFTER THAT, THE APPROXIMATE 10 MINUTE

2 ENCOUNTER, SHE WAS NOT AROUND MR. WESTERFIELD EXCEPT FOR THAT

3 ONE DANCE?

4 A.: NOT THAT I RECALL.

5 Q.: AND YOU WERE WITH MR. WESTERFIELD ALL NIGHT,

6 WEREN’T YOU?

7 A.: NO.

8 Q.: WHAT WERE YOU DOING?

9 A.: I WAS HANGING OUT WITH MY FRIENDS, TOO.

10 Q.: WERE YOU DRINKING?

11 A.: TWO DRINKS.

12 Q.: WERE YOU DANCING?

13 A.: YES.

14 Q.: WERE YOU PARTYING?

15 A.: YEAH.

16 Q.: BASICALLY EVERYBODY IN THERE WAS DRINKING, WEREN’T

17 THEY?

18 A.: YEAH.

19 Q.: AND A LOT OF PEOPLE WERE DANCING?

20 A.: YES.

21 Q.: GUYS DANCING WITH GIRLS?

22 A.: YEAH.

23 Q.: GIRLS DANCING WITH GIRLS?

24 A.: YEAH.

25 Q.: GUYS DANCING WITH GUYS?

26 A.: NO.

27 Q.: THEY DON’T DO THAT, DO THEY?

28 THIS SUSAN GIRLFRIEND —

.

7259

1 A.: YEAH.

2 Q.: — THAT YOU INTRODUCED THE DEFENDANT TO, IS SHE AN

3 ASIAN EXTRACTION?

4 A.: YES.

5 Q.: BLACK HAIR?

6 A.: YES.

7 Q.: DARK SKIN?

8 A.: YEAH.

9 Q.: DAVID WESTERFIELD THAT NIGHT, DO YOU RECALL WHAT HE

10 WAS WEARING?

11 A.: HE HAD BLACK PANTS ON AND BLACK COUNTRY BOOTS AND A

12 BLACK LEATHER JACKET AND A CAP.

13 Q.: SO HE HAD A BASEBALL CAP ON?

14 A.: UM-HMM, YES.

15 Q.: PULLED DOWN FAIRLY TIGHT?

16 A.: YES.

17 Q.: COVERING MOST OF HIS HAIR —

18 A.: YES.

19 Q.: — THAT HE HAS?

20 A.: YES.

21 Q.: NO OFFENSE.

22 DO YOU REMEMBER ANYTHING ON THIS CAP THAT WAS

23 COVERING HIS HEAD?

24 A.: YEAH. THERE WAS SOME IN THE FRONT. I CAN’T RECALL

25 WHAT IT WAS.

26 Q.: SOME INSIGNIA?

27 A.: YEAH.

28 Q.: HOW FAR DOWN DID HE HAVE THIS BALL CAP?

.

7260

1 A.: I DON’T KNOW. AROUND HIS HEAD, I DON’T KNOW.

2 Q.: AND HE WAS WEARING A BLACK JACKET?

3 A.: LEATHER JACKET, YEAH.

4 Q.: BLACK SHIRT?

5 A.: YES.

6 Q.: HOW DO YOU KNOW?

7 A.: BECAUSE HIS JACKET WAS OPEN.

8 Q.: AND YOU COULD SEE THE COLOR OF THE SHIRT, RIGHT?

9 A.: YES.

10 Q.: AND BLACK PANTS?

11 A.: YES.

12 Q.: AND BLACK BOOTS?

13 A.: YES.

14 Q.: COWBOY BOOTS?

15 A.: YES.

16 Q.: LEATHER SOLE TYPE BOOTS?

17 A.: YES.

18 Q.: DO YOU THINK YOU’D RECOGNIZE THEM IF YOU SAW ‘EM

19 AGAIN?

20 A.: ABSOLUTELY.

21 Q.: REMEMBER THE BRAND OF THE PANTS?

22 A.: NO.

23 Q.: THEY APPEAR TO BE LEVI TYPE OR DRESS PANTS?

24 A.: JEAN TYPE.

25 Q.: JEAN TYPE?

26 A.: YEAH.

27 Q.: HOW ABOUT THE TYPE OF SHIRT, DO YOU RECALL WHAT

28 THAT WAS?

.

7261

1 A.: NO.

2 Q.: A COLLAR OR A T-SHIRT TYPE?

3 A.: I CAN JUST REMEMBER IT’S BLACK.

4 Q.: BUT YOU DO REMEMBER THE PANTS BEING BLACK LEVI

5 TYPE, RIGHT?

6 A.: YES.

7 Q.: HOW COME YOU REMEMBER THAT?

8 A.: BECAUSE —

9 MR. FELDMAN: ASKED AND ANSWERED.

10 THE COURT: OVERRULED.

11 YOU CAN ANSWER.

12 THE WITNESS: BECAUSE NORMALLY WHEN DAVID GOES OUT HE

13 WEARS THAT KIND OF JEANS, AND THAT’S NORMALLY ALSO WHAT HE WORE

14 WHEN HE WENT TO THE STONE LODGE.

15

16 BY MR. DUSEK:

17 Q.: NOW, INSIDE DAD’S I ASSUME IT’S WARM ENOUGH THAT

18 YOU DON’T NEED A JACKET ON?

19 A.: SOMETIMES.

20 Q.: ARE WE TALKING A JACKET LIKE A SUIT JACKET OR A

21 LEISURE —

22 A.: A LEATHER JACKET.

23 Q.: ALL RIGHT.

24 DID HE TALK TO YOU ABOUT A BREAK-UP HE HAD JUST

25 GONE THROUGH?

26 A.: YES.

27 Q.: WITH HIS GIRLFRIEND?

28 A.: YES.

.

7262

1 Q.: DID HE SEEM SAD ABOUT THAT?

2 A.: YES.

3 Q.: DID HE SEEM UPSET ABOUT IT?

4 A.: YES.

5 Q.: HOW COULD YOU TELL?

6 A.: JUST THE WAY, YOU KNOW, HE DESCRIBED IT HE WAS SAD

7 THAT IT DIDN’T WORK OUT, AND I SAID I WAS SAD, TOO, BECAUSE —

8 THE COURT: COUNSEL, OBVIOUSLY WE’RE NOT GOING TO

9 CONCLUDE TODAY, SO WE’LL START MONDAY WITH THIS WITNESS.

10 LADIES AND GENTLEMEN, I WANT TO REMIND YOU

11 OBVIOUSLY TOMORROW IS A HOLIDAY WHICH I HOPE YOU WILL ENJOY AND

12 REJOICE IN AS A CITIZEN.

13 FRIDAY WE WILL BE OFF. WE HAVE THE WEEKEND AND

14 WE’LL BE GATHERING TOGETHER ON MONDAY. NEXT WEEK WE MAY TRY TO

15 MAKE UP SOME TIME BECAUSE OF THE WEEK OFF THE NEXT WEEK, SO WE

16 MAY HAVE SHORTENED LUNCH HOURS AND TRY AND GET AS MUCH

17 ACCOMPLISHED AS WE POSSIBLY CAN.

18 PLEASE REMEMBER THE ADMONITION OF THE COURT NOT TO

19 DISCUSS ANY OF THE EVIDENCE OR TESTIMONY AMONG YOURSELVES OR

20 WITH ANY OTHER PERSONS, NOR FORM OR EXPRESS ANY OPINIONS ON THE

21 CASE UNTIL IT IS SUBMITTED TO YOU FOR DECISION.

22 HAVE A PLEASANT FOUR DAYS OFF. WE’LL SEE YOU

23 MONDAY AND MAYBE BY THEN THE PADRES WILL HAVE WON ANOTHER BALL

24 GAME.

25 9 O’CLOCK MONDAY MORNING.

26 (AT 4:35 P.M. THE JURY WAS EXCUSED
AND THE FOLLOWING PROCEEDINGS WERE HAD:)
27

28 THE COURT: OKAY. THE RECORD SHOULD REFLECT THE JURORS

.

7263

1 AND ALTERNATES AND THE WITNESS HAS LEFT THE COURTROOM.

2 I’M ASSUMING, COUNSEL, YOU’LL MAKE SURE SHE’S BACK

3 HERE 9 O’CLOCK MONDAY MORNING?

4 MR. FELDMAN: YES. BUT I SHOULD SAY, YOUR HONOR, WITH

5 REGARD TO THIS WITNESS — I GUESS I WASN’T QUICK ENOUGH ON THE

6 TRIGGER — SHE IS A DAY CARE PROVIDER, AND I KNOW THAT IT WAS

7 DIFFICULT FOR HER.

8 IF IT WOULDN’T — IF THERE’S A PROBLEM WITH

9 SCHEDULING I WILL ASK THE COURT TO AT LEAST ALLOW US TO MAYBE

10 SEE WHAT ARRANGEMENTS SHE NEEDS TO MAKE, BECAUSE SHE TOLD US

11 THERE WAS A PROBLEM IN SCHEDULING AND WE DID WHAT WE COULD FOR

12 HER. I UNDERSTAND SHE’S GOT PROBLEMS WITH HER BUSINESS. I’M

13 ONLY SAYING WE’LL BE READY TO GO. I MIGHT ASK THE COURT’S LEAVE

14 BUT I’LL COMMUNICATE WITH COUNSEL.

15 THE COURT: IN OTHER WORDS, PUT HER ON A DIFFERENT TIME

16 ON MONDAY?

17 MR. FELDMAN: YES. THAT’S ALL.

18 THE COURT: I’LL LET YOU WORK THAT OUT. THAT’S NOT A

19 PROBLEM.

20 NOW, IS THERE ANYTHING THAT IS GOING TO CAUSE YOU

21 TO NEED TO GET TOGETHER ON FRIDAY?

22 MR. DUSEK: I HOPE NOT.

23 THE COURT: OKAY.

24 MR. DUSEK: I WOULD INDICATE THAT THE PHOTOGRAPHS THAT WE

25 SPOKE ABOUT EARLIER FROM DETECTIVE MORRIS HAVE BEEN COPIED AND

26 PROVIDED TO DEFENSE.

27 MR. FELDMAN: WELL, ALMOST. WE HAVEN’T QUITE GOT — WE

28 DON’T HAVE THE MEDIA. WE HAVE SMALLER PICTURES. AT LEAST THE

.

7264

1 PICTURES WE HAVE NOW WE CAN SEE BUT WE’RE WORKING ON THAT.

2 THE COURT: ALL RIGHT.

3 OKAY. ANYTHING ELSE?

4 MR. DUSEK: NO.

5 THE COURT: ALL RIGHT. WE’LL BE IN RECESS THEN UNTIL

6 JUST BEFORE 9:00 ON MONDAY MORNING.

7 (AT 4:36 P.M. AN ADJOURNMENT WAS TAKEN
UNTIL 9:00 A.M. MONDAY, JULY8 , 2002.)
8

08071 - July 8th 2002 - Transcript of David Westerfield Trial Day 17 - morning 1
03073 - July 3rd 2002 - Transcript of David Westerfield Trial Day 16 - afternoon 1