08071 – July 8th 2002 – Transcript of David Westerfield Trial Day 17 – morning 1

TRIAL DAY 17 – PART 1 morning 1
SAN DIEGO, CALIFORNIA, MONDAY, JULY 8, 2002, 8:53 A.M. (morning 1)


WITNESSES:
Glennie Nasland (testified about the night of Feb 1st at Dad’s cafe, Westerfield dancing with Denise, sexual remarks made by Brenda Van Dam – Continued)
Donna L. Williams (police officer, interviewed Glennie Nasland)
Patricia A. Le Page (testified about the night of Feb 1st at Dad’s cafe, Brenda Van Dam pursuing her daughter, Cherokee Young, Westerfield dancing with Brenda Van Dam)


(THE FOLLOWING OCCURRED OUT OF THE PRESENCE OF THE JURY:

(PROCEEDINGS NOT PART OF THE PUBLIC RECORD.)
(END OF PROCEEDINGS OUT OF THE PRESENCE OF THE JURY.)
(RECESS, 9:18 O’CLOCK, A.M., TO 9:43 O’CLOCK, A.M.)
THE COURT: GOOD MORNING, LADIES AND GENTLEMEN, AND WELCOME BACK.
JUROR 15, THANK YOU VERY MUCH FOR KEEPING US POSTED. I GUESS THERE ARE ORDEALS AND THEN THERE ARE DELAYS AND REAL ORDEALS. YOUR DAY HAS STARTED OFF ON A REAL BUMMER. IF YOU NEED AN EXTRA BREAK OR ANYTHING, YOU LET US KNOW. OKAY. BUT THANKS FOR KEEPING US POSTED.
LITTLE DID I KNOW ON WEDNESDAY WHEN I SAID I HOPE THEY WIN A GAME THE PADRES WOULD ONLY WIN A GAME. SO AT LEAST THEY CAN REST, HOPEFULLY, DURING THE ALL STAR BREAK.
OKAY. COULD WE HAVE OUR PRIOR WITNESS, MISS NASLAND.
GLENNIE NASLAND, RESUMED
THE COURT: OKAY. MR. DUSEK.

CROSS-EXAMINATION, CONTINUED BY MR. DUSEK:
Q: MA’AM, IF YOU COULD HELP US OUT DESCRIBING DAD’S THAT EVENING. YOU GOT THERE ABOUT WHAT TIME?
A: 10:00 O’CLOCK.
Q: DO YOU KNOW A PATTY LE PAGE?
A: NO.
Q: LADY WHO IS SITTING OUTSIDE.
A: NO.
Q: DID YOU ARRIVE WITH ANYBODY?
A: YEAH.
Q: AND THAT WAS?
A: BEVERLY.
Q: A GIRL FRIEND OF YOURS?
A: MY GIRL FRIEND, YES.
Q: DID YOU KNOW ANYBODY WAS GOING TO BE THERE WHEN YOU ARRIVED?
A: NO.
Q: WERE YOU HOPING TO MEET ANYBODY THERE?
A: NO.
Q: WERE YOU OPEN TO PICK UP ANYBODY THERE?
A: NO.
Q: WHEN YOU LEFT, YOU WENT UP TO MR. WESTERFIELD AS HE WAS LEAVING?
A: WHEN HE WAS LEAVING, YES.
Q: YOU WERE INTERESTED IN HIM, WEREN’T YOU?
A: NO. HE’S MY FRIEND.
Q: WHAT DID YOU GO UP TO HIM FOR?
A: JUST TO SAY SEE YOU LATER.
Q: HOW FAR DID YOU HAVE TO GO TO DO THAT?
A: I SAW HIM LEAVING AND GOING TOWARDS THE DOOR, AND I FOLLOWED HIM.
Q: WHY DID YOU WANT TO JUST SAY SEE YOU LATER?
A: BECAUSE HE’S MY FRIEND.
Q: DID HE SAY ANYTHING TO YOU?
A: YEAH. I’LL CATCH YOU LATER. LET’S DO A BARBECUE, GET TOGETHER.
Q: HE SAID MAYBE WE COULD HOOK UP LATER, DIDN’T HE?
A: YEAH. AS FRIENDS.
Q: WHAT DOES HOOK UP MEAN?
MR. FELDMAN: OBJECTION. VAGUE.
THE COURT: FIRST OF ALL, THERE WAS AN INTERRUPTION THERE. THE QUESTION WAS WHAT DOES HOOK UP MEAN.
BY MR. DUSEK:
Q: WHAT DOES HOOK UP MEAN?
THE COURT: TO YOU.
YOU MAY ANSWER.
OVERRULED.
THE WITNESS: LET’S GET TOGETHER, BARBECUE, LET’S HOOK UP.
BY MR. DUSEK:
Q: HE DIDN’T SAY AS FRIENDS, THOUGH, DID HE?
A: NO. BUT I NEVER REFERRED TO HIM ANY WAY ELSE THAN A FRIEND.
Q: AT DAD’S WHAT TIME DID THE MUSIC START IF YOU KNOW?
A: AT 9:00.
Q: WERE YOU THERE AT 9:00?
A: NO.
Q: SO YOU DON’T KNOW WHEN THE MUSIC STARTED THAT NIGHT.
A: NO. BUT IT USUALLY DOES.
Q: I’M INTERESTED IN WHAT YOU KNOW. WAS THE MUSIC PLAYING WHEN YOU GOT THERE?
A: YES.
Q: WERE THE LIGHTS DOWN?
A: YES.
Q: HOW DARK?
A: I DON’T KNOW.
Q: JUST FAINT LIGHTING IN THERE ONCE THE MUSIC STARTS, ISN’T IT?
A: YEAH.
Q: HARD TO SEE?
A: NO. NOT REALLY.
Q: LOUD MUSIC
A: YES.
Q: HOW LOUD?
A: THAT YOU HAVE TO SPEAK VERY LOUD TO TALK.
Q: AND SOMETIMES YOU DON’T EVEN GET THE WORDS THE PEOPLE ARE SAYING WHEN THEY’RE RIGHT NEXT TO YOU, CORRECT?
A: YES.
Q: THE BAND HAVE THOSE BIG AMPLIFIERS?
A: YES.
Q: SEEMED TO BE TURNED ON AS LOUD AS COULD BE?
MR. FELDMAN: SPECULATION NO FOUNDATION.
THE COURT: AS FAR AS HOW LOUD, SUSTAINED.
JUST REPHRASE IT.
BY MR. DUSEK:
Q: DID THEY APPEAR TO BE PLAYING FULL VOLUME WHEN YOU WERE THERE?
MR. FELDMAN: SAME OBJECTION, YOUR HONOR.
THE COURT: OVERRULED.
YOU MAY ANSWER.
THE WITNESS: YES.
BY MR. DUSEK:
Q: AND IT WAS EVEN HARD TO TALK WHEN THE MUSIC WAS PLAYING, CORRECT?
A: YES.
Q: HOW CLOSE TO THE BAND WERE YOU?
A: FROM HERE TO THE DOOR I BELIEVE.
Q: THE DOOR AT THE REAR OF THE COURTROOM?
A: M-HM. YES.
THE COURT: ACCORDING TO THE CHART, TWENTY-EIGHT FEET.
BY MR. DUSEK:
Q: WHERE WERE YOU LOCATED?
A: I WAS OVER BY THE BAR.
Q: WHERE THE CHAIRS OR THE STOOLS FOR THE BAR ARE?
A: YES.
Q: WE’VE PREVIOUSLY HAD MARKED AS COURT’S EXHIBIT 31 THIS PHOTO DISPLAY BOARD LABELED AT THE TOP “DAD’S CAFE AND STEAKHOUSE.” DO YOU RECOGNIZE WHAT WE HAVE DEPICTED HERE, MA’AM?
A: YEAH.
Q: DO YOU SEE WHERE THE DANCE FLOOR IS?
A: YES.
Q: IS THAT THE WOODEN FLOOR AREA ON PHOTOGRAPH B?
A: YES.
Q: WHERE WERE YOU LOCATED?
A: I WAS FIRST ON PHOTOGRAPH C AT THE END TOGETHER WITH DAVID TALKING.
Q: AT WHICH END ON PHOTOGRAPH C, THE FAR END?
A: YEAH. RIGHT HERE IN THE FRONT.
Q: SO THE FAR END BACK HERE WHERE D. W. IS WRITTEN ON PHOTOGRAPH C?
A: YEAH.
Q: WOULD THAT ALSO BE THE SAME LOCATION THE FRONT END ON PHOTOGRAPH B THE CORNER OF THE BAR?
A: YEAH.
Q: AND YOU WERE THIS CLOSE TO THE BAND WHEN YOU WERE —
A: YEAH.
Q: — THERE TALKING?
A: YEAH.
Q: IS THAT LOCATION ABOUT WHERE MR. WESTERFIELD STAYED THE TIME THAT YOU WERE THERE WATCHING HIM?
A: YES.
Q: WHAT LIGHTS WERE ON OR WERE OFF THAT EVENING, CAN YOU REMEMBER?
A: NO.
Q: WAS THE PLACE FULL?
A: PRETTY FULL.
Q: HOW ABOUT THE DANCE FLOOR; WAS THAT PACKED ALSO?
MR. FELDMAN: MISSTATES THE EVIDENCE. OBJECTION. PACKED.
THE COURT: OVERRULED.
YOU MAY ANSWER.
THE WITNESS: IT WAS NOT PACKED. I DON’T KNOW HOW MANY PEOPLE WERE ON THE DANCE FLOOR.
BY MR. DUSEK:
Q: WOULD IT DEPEND UPON THE SONG THAT WAS BEING PLAYED HOW FULL THE DANCE FLOOR WAS?
A: YES.
Q: WERE THEY A ROCK AND ROLL BAND?
A: YEAH.
Q: PLAYING MOSTLY FAST SONGS?
A: YES.
Q: PEOPLE STANDING OUT THERE DANCING, SOMETIMES YOU CAN’T EVEN TELL WHO THEY’RE DANCING WITH.
A: NO. YOU CAN ALWAYS TELL WHO THEY DANCE WITH.
Q: DID YOU DANCE?
A: YES.
Q: WHEN YOU SAY YOU SAW THE DEFENDANT DANCING WITH DENISE — IS THAT CORRECT?
A: YES.
Q: — DID YOU SEE THEM GO OUT THERE TOGETHER?
A: I DIDN’T SEE THEM GO OUT THERE. I SAW THEM DANCING.
Q: WHO WERE YOU DANCING WITH?
A: A GUY.
Q: WHAT’S HIS NAME?
A: I DON’T KNOW.
MR. BOYCE: OBJECTION. RELEVANCE.
THE COURT: OVERRULED.
THE ANSWER WAS I DON’T KNOW.
BY MR. DUSEK:
Q: YOU DON’T KNOW WHO IT WAS, DO YOU?
A: NO.
Q: DO YOU KNOW WHO YOU DANCED WITH ANY TIME THAT NIGHT?
A: I DON’T RECALL.
Q: DID YOU GET THE NAME OF ANY OF THE PEOPLE THAT YOU DANCED WITH?
A: NO.
Q: YOU ARE JUST THERE AND IF SOMEBODY ASKS YOU, YOU WOULD DANCE, RIGHT?
A: YEAH.
Q: THAT’S KIND OF WHAT HAPPENS AT DAD’S?
A: YES.
Q: DID YOU DANCE SLOW SONGS AND FAST SONGS OR BOTH?
A: I NORMALLY ONLY DANCE FAST SONGS.
Q: AND THE TIME THAT YOU SAW MR. WESTERFIELD TURN AND WAS FACING BRENDA VAN DAM, THAT’S WHEN YOU SAY THEY WERE DANCING TOGETHER?
A: YEAH.
Q: HOW LONG DID YOU SEE THEM?
A: MAYBE TWENTY SECONDS. THAT’S ALL.
Q: TWENTY SECONDS?
A: M-HM.
Q: WHERE WERE YOU?
A: I WAS RIGHT ACROSS FROM THEM.
Q: DOING WHAT?
A: DANCING.
Q: WHY WERE YOU PAYING ATTENTION TO WHICH WAY THEY WERE FACING?
A: BECAUSE I SAW HIM ON THE DANCE FLOOR, AND I SMILED TO HIM AND SAID HI.
Q: WHO WAS BRENDA VAN DAM DANCING WITH?
A: I DON’T KNOW.
Q: YOU WERE PAYING ATTENTION, WEREN’T YOU?
MR. BOYCE: OBJECTION. ARGUMENTATIVE.
THE COURT: OVERRULED.
BY MR. DUSEK:
Q: WERE YOU PAYING ATTENTION TO THEM SPECIFICALLY?
A: NOT REALLY.
Q: WHEN SHE — WHEN BOTH BRENDA VAN DAM AND DAVID WESTERFIELD TURNED A DIFFERENT DIRECTION, WHO WAS SHE FACING THEN?
A: I DON’T KNOW.
Q: DID SHE THEN TURN ANOTHER DIRECTION AND DANCE WITH SOMEBODY ELSE?
A: NO. SHE TURNED TO HER SIDE.
Q: DID SHE THEN TURN ANOTHER DIRECTION AND FACE SOMEBODY ELSE?
A: I DON’T KNOW IF SHE FACED ANYBODY ELSE. I DIDN’T SEE.
Q: SHE WAS CONSTANTLY MOVING WHEN SHE WAS DANCING, WASN’T SHE?
A: YEAH.
Q: AND EACH TIME SHE’S FACING SOMEBODY WAS SHE DANCING WITH THAT PERSON?
A: I DIDN’T SEE HER DANCE, WHO SHE WAS DANCING WITH. I JUST SAW HER DANCING WITH DAVID AND THEN TURN AROUND AND CARRY ON WITH OTHER THINGS AND I CARRIED ON WITH MINE.
Q: YOU ARE SAYING JUST BECAUSE THE TWO OF THEM WERE FACING EACH OTHER THEY WERE DANCING WITH EACH OTHER AT THAT TIME?
A: I WOULD THINK SO.
Q: WHO WAS DENISE DANCING WITH WHEN MR. WESTERFIELD TURNED AWAY
A: SHE CARRIED ON DANCING WITH HIM I GUESS.
Q: I THOUGHT HE WAS DANCING WITH BRENDA.
A: WAIT.
THE COURT: WHOOP, WHOOP LET’S NOT TALK OVER EACH OTHER, COUNSEL.
BY MR. DUSEK:
Q: I THOUGHT YOU SAID THAT WHEN HE WAS DANCING WITH BRENDA WHO WAS DENISE DANCING WITH?
A: SHE WAS STILL DANCING WITH HIM. HE TURNED BACK AND CARRIED ON DANCING WITH HER.
Q: WHEN HE WAS FACING THE OTHER DIRECTION FROM HER, WHO WAS SHE DANCING WITH?
MR. BOYCE: ASKED AND ANSWERED, YOUR HONOR.
THE COURT: OVERRULED.
YOU MAY ANSWER.
THE WITNESS: I GUESS NOBODY UNTIL HE TURNED BACK.
BY MR. DUSEK:
Q: WHEN YOU WERE DANCING, WERE YOU ON OCCASION TURNING AWAY FROM YOUR PARTNER?
MR. BOYCE: OBJECTION. RELEVANCE.
THE COURT: OVERRULED.
YOU CAN ANSWER.
THE WITNESS: I DON’T UNDERSTAND WHAT YOU MEAN BY THAT.
/ / /
BY MR. DUSEK:
Q: WELL, WHILE YOU WERE DANCING WITH YOUR PARTNER, WERE THERE OCCASIONS WHEN YOUR PARTNER TURNED AWAY FROM YOU OR YOU TURNED AWAY FROM HIM?
A: I DON’T KNOW. I WAS JUST DANCING. I DIDN’T REALLY —
Q: AND YOU WERE DANCING WITH YOUR PARTNER.
MR. FELDMAN: EXCUSE ME. THE WITNESS HAD NOT FINISHED, YOUR HONOR.
THE COURT: IT APPEARS SHE HAD NOT.
COMPLETE YOUR ANSWER, PLEASE, MA’AM.
THE WITNESS: HE WAS DANCING, AND I WAS DANCING, AND I DIDN’T SEE HIM TURN ANYWHERE ELSE. HE CARRIED ON DANCING WITH ME.
BY MR. DUSEK:
Q: JUST BECAUSE IF YOU WOULD HAVE TURNED AWAY FROM YOUR PARTNER DOESN’T MEAN YOU’RE DANCING WITH THE PERSON YOU’RE FACING, WOULD IT?
MR. BOYCE: OBJECTION. VAGUE.
THE COURT: SUSTAINED.
REPHRASE THE QUESTION.
BY MR. DUSEK:
Q: AS YOU STAND OUT THERE AND DANCE AND PERHAPS TURN AWAY FROM YOUR PARTNER, IN YOUR MIND DOES THAT MEAN YOU’RE DANCING WITH THE PERSON YOU’RE FACING?
MR. BOYCE: OBJECTION. SPECULATION. RELEVANCE.
THE COURT: OVERRULED. AS TO WHAT SHE THINKS.
YOU MAY ANSWER, MA’AM.
THE WITNESS: I DON’T KNOW.
BY MR. DUSEK:
Q: DID THE DEFENDANT ARRIVE AFTER YOU THAT NIGHT?
A: NO.
Q: YOU ARRIVED FIRST?
A: NO. HE WAS ALREADY THERE WHEN I CAME.
Q: YOU TALKED ABOUT YOUR FRIEND SUSAN. AND THIS WAS THE GIRLFRIEND OF DAVID WESTERFIELD, IS THAT CORRECT?
A: YEAH.
Q: LET ME SHOW YOU WHAT’S BEEN PREVIOUSLY MARKED AS COURT’S EXHIBIT 146. DO YOU SEE THAT LADY THERE IN THE DARK?
A: YES.
Q: IS THAT YOUR GIRL FRIEND SUSAN?
A: YES.
Q: IS THAT THE — WAS THAT THE DEFENDANT’S GIRLFRIEND?
A: YES.
Q: DO YOU KNOW FOR HOW LONG?
MR. BOYCE: OBJECTION. VAGUE AS TO TIME.
THE WITNESS: I THINK A YEAR AND A HALF. MAYBE LONGER.
THE COURT: OVERRULED. THE ANSWER WILL STAND.
BY MR. DUSEK:
Q: WHAT COLOR WAS HER HAIR?
A: BLACK.
Q: WHAT TIME — DID YOU KNOW A CHEROKEE YOUNG?
A: NO.
Q: DID YOU NOTICE A LADY WHO WAS HERE LAST WEEK, A TALL, BLOND LADY WITH A SHORT, RED DRESS?
A: YES.
Q: DID YOU SEE HER AT DAD’S THAT EVENING THAT WE’RE TALKING ABOUT HERE?
A: NO, I DON’T RECALL.
Q: YOU TALKED ABOUT THE DEFENDANT WEARING BLACK LEVI-TYPE PANTS. IS THAT CORRECT?
A: JEANS.
Q: JEANS.
A: YEAH.
Q: LET ME SHOW YOU WHAT’S BEEN PREVIOUSLY MARKED AS 80-B, A PAIR OF BLACK PANTS. THEY APPEAR TO BE WRANGLER. DO THESE APPEAR TO BE THE TYPE —
A: YES.
Q: — OF PANTS? IS THAT CORRECT?
A: YES.
Q: WHAT MAKES THEM LOOK THE SAME?
MR. FELDMAN: OBJECTION. MISSTATES THE EVIDENCE. TYPE.
THE COURT: OVERRULED.
YOU MAY ANSWER.
MR. FELDMAN: ASSUMES FACTS NOT IN EVIDENCE.
THE COURT: OVERRULED.
THE WITNESS: I DON’T KNOW IF IT’S THEM OR, YOU KNOW, BUT THEY ARE BLACK, AND THAT’S WHAT HE WAS WEARING, BLACK JEANS.
BY MR. DUSEK:
Q: YOU CERTAINLY DIDN’T PUT A MARK ON THEM SO YOU COULD RECOGNIZE THEM LATER.
A: NO.
Q: AND YOU INDICATED HE WAS WEARING A BLACK SHIRT OF SOME SORT, IS THAT CORRECT?
A: YES.
Q: LET ME SHOW YOU WHAT’S BEEN MARKED AS 80-A. THIS BLACK SHIRT APPEARS TO STILL BE IN A DRYCLEANER BAG ON A HANGER. DOES THIS APPEAR TO BE THE TYPE OF SHIRT THAT YOU REMEMBER?
A: YES.
Q: WHY?
A: IT LOOKS FAMILIAR.
Q: ALL RIGHT.
AND YOU TALKED ABOUT A LEATHER JACKET THAT YOU RECALL HE HAD WITH HIM THAT EVENING.
A: YEAH.
Q: IS THAT CORRECT?
A: YEAH.
Q: WAS HE DANCING WITH THAT ON?
A: YES.
Q: HOW HOT WAS IT IN DAD’S?
A: I DON’T KNOW. MAYBE SEVENTY, SIXTY-FIVE, SEVENTY. IT WAS NOT HOT.
Q: HOW ABOUT WHEN YOU’RE OUT THERE DANCING AWAY?
A: WELL, THEN YOU WOULD GET HOT.
Q: WHAT WERE YOU WEARING?
A: COUNTRY JEANS.
Q: COUNTRY JEANS?
A: YEAH. AND BOOTS AND A SHIRT.
Q: LONG-SLEEVE OR SHORT-SLEEVE?
A: I THINK IT WAS SHORT-SLEEVE.
Q: AND YOU WERE WARM IN YOUR SHORT-SLEEVE SHIRT ON IN THERE?
A: YEAH.
Q: YOU DIDN’T NEED A JACKET TO KEEP YOU WARM?
A: NO.
Q: AT THE TIME THAT YOU SAW HIM OUT THERE DANCING, THE DEFENDANT I MEAN, THAT WAS THE ONLY TIME YOU SAW HIM THERE DANCING?
A: YES.
Q: JUST THE ONE SONG?
A: YES.
Q: AND YOU WERE HANGING AROUND HIM MOST OF THE EVENING?
A: NO. NOT MOST OF THE EVENING. I WAS COMING DOWN SAYING HI. I WAS UP IN THE BACK OF THE BAR MOST OF THE TIME.
Q: WHAT’S THE BACK OF THE BAR, IF IT’S VISIBLE IN 31 BEHIND YOU?
A: ON THE C.
Q: ON C. YES?
A: WHEN YOU TURN THE CORNER TO THE LEFT, YOU CAN GO UP IN THE BACK OF THE BAR.
Q: WHAT’S BACK THERE?
A: JUST BAR STOOLS. CHAIRS AND TABLES.
Q: IS THAT WHERE YOU CAN GET DRINKS BACK THERE?
A: HUH?
Q: IS THAT THE SAME PART OF THE BAR THAT’S VISIBLE IN PHOTOGRAPHS B AND C OR IS IT IN A DIFFERENT ROOM?
A: NO. IT’S IN THE SAME ROOM, BUT YOU CAN’T SEE IT ON THE PICTURE.
Q: RIGHT.
AND FROM THAT LOCATION YOU CAN SEE THE DANCE FLOOR?
A: YES.
Q: AND THE ONLY TIME YOU SAW THE DEFENDANT OUT THERE DANCING WAS A FAST DANCE WITH DENISE, AND THEN HE FACED TOWARDS BRENDA AT ONE TIME?
A: YEAH.
MR. DUSEK: THANK YOU, MA’AM.
THE COURT: ALL RIGHT.
ANY REDIRECT, MR. BOYCE?

REDIRECT EXAMINATION
BY MR. BOYCE:
Q: WHEN YOU — GOOD MORNING, MISS NASLAND.
A: GOOD MORNING.
Q: WHEN YOU WERE IN THE BACK OF THE BAR, YOU’RE NOT WATCHING THE DANCE FLOOR, ARE YOU?
A: NOT WHEN I’M IN THE BACK, NO.
Q: AND WHEN THE — WHEN THE BAND IS PLAYING, DO THEY TAKE BREAKS?
A: YEAH.
Q: AND DURING THOSE BREAKS IS IT EASIER TO TALK THAN WHEN THE BAND’S PLAYING?
A: YES.
Q: THE BAND ALSO — THEY PLAY MORE THAN ONE SONG AT A TIME, DON’T THEY?
A: YES.
Q: AND IN BETWEEN SONGS IS THERE A BREAK?
A: NO.
Q: THERE’S A — IS THERE A PAUSE BETWEEN SONGS?
A: YES.
Q: CAN YOU TALK DURING THOSE PAUSES?
A: YES.
Q: THE LIGHTING WHEN THE BAND IS PLAYING, ARE THERE LIGHTS ON THE DANCE FLOOR?
A: YES.
Q: SO WOULD THE DANCING AREA BE BRIGHTER OR WOULD IT BE EASIER TO SEE THE DANCERS THAN OTHER AREAS OF THE BAR?
A: IT’S COLORED LIGHTS. SO I THINK THE DANCE FLOOR IS A LITTLE DARKER THAN AROUND THE BAR.
Q: BUT THERE’S — THERE ARE — ARE THERE LIGHTS THAT ARE ON THE BAND AT THE TIME THAT THEY’RE PLAYING?
A: YES.
Q: AND THE DANCERS ARE IN FRONT OF THE BAND, IS THAT RIGHT?
A: YEAH.
Q: SO SOME OF THE LIGHT FALLS ON THE DANCERS AS THEY’RE DANCING?
A: YEAH.
Q: THE SHIRT THAT MR. DUSEK SHOWED YOU THAT APPEARED SIMILAR TO THE SHIRT THAT MR. WESTERFIELD WAS WEARING, THAT WAS A V-NECK, WASN’T IT?
A: YES.
Q: IT SHOWED PART OF THE CHEST, IS THAT RIGHT?
A: YES.
Q: DO YOU RECALL MR. WESTERFIELD TAKING OFF HIS JACKET AND LEAVING IT ON HIS BAR STOOL WHEN HE DANCED?
A: NO. HE HAD HIS JACKET ON.
Q: WHEN HE WAS DANCING?
A: YEAH.
Q: YOU’VE DESCRIBED MR. WESTERFIELD AS A GOOD FRIEND, IS THAT RIGHT?
A: YEAH.
Q: DID YOU HAVE A ROMANTIC RELATIONSHIP WITH HIM?
A: NO.
Q: DID YOU EVER DATE HIM?
A: NO.
Q: DO YOU RECALL — YOU WERE INTERVIEWED BY THE POLICE, IS THAT RIGHT?
A: YEAH.
Q: YOU WERE INTERVIEWED BY SOMEBODY THAT IDENTIFIED HERSELF AS A DETECTIVE.
A: YEAH.
Q: WHEN DID THIS INTERVIEW OCCUR?
A: I DON’T RECALL THE DATE, BUT IT WAS OVER THE PHONE.
Q: HOW MANY DAYS AFTER THIS EVENING THAT YOU WERE DANCING AT DAD’S DID THE INTERVIEW OCCUR?
A: PROBABLY FOUR DAYS.
Q: AND DURING THAT INTERVIEW YOU WERE ASKED WHAT MR. WESTERFIELD’S STATE OF SOBRIETY WAS.
A: YEAH.
Q: I BELIEVE YOU TOLD US THAT YOU TOLD THE DETECTIVE YOU DIDN’T WANT TO ANSWER THAT QUESTION, IS THAT RIGHT?
A: I SAID I WOULD RATHER NOT SAY, YEAH.
Q: YOU DIDN’T LIE TO THE DETECTIVE, DID YOU?
A: NO, I DID NOT.
Q: AND OTHER THAN THAT QUESTION THAT YOU SAID YOU WOULD RATHER NOT PROVIDE AN ANSWER TO, DID YOU PROVIDE ALL THE OTHER INFORMATION THAT YOU WERE ASKED?
A: YES.
Q: AFTER YOU FINISHED THIS TELEPHONE INTERVIEW, DID YOU CALL THE DETECTIVE BACK?
A: YES, I DID.
Q: WHEN DID YOU CALL THE DETECTIVE BACK?
A: PROBABLY FIFTEEN MINUTES LATER.
Q: DID SOMEBODY TELL YOU TO CALL THE DETECTIVE BACK?
A: YES.
Q: WHO WAS THAT?
A: MY CLOSE FRIEND.
Q: AND WHY DID YOU CALL THE DETECTIVE BACK?
A: BECAUSE I WANTED TO TELL THE TRUTH AND TELL THAT HE WAS DRUNK THAT NIGHT.
Q: WELL, YOU HAD TOLD THE TRUTH WHEN YOU WERE TALKING TO THE DETECTIVE.
A: YEAH. YEAH.
Q: YOU WANTED TO PROVIDE ADDITIONAL INFORMATION, IS THAT RIGHT?
A: YES.
Q: AND WHAT WAS THAT ADDITIONAL INFORMATION THAT YOU PROVIDED TO THE DETECTIVE?
A: THAT HE WAS DRUNK THAT NIGHT.
Q: DID YOU SEE DAVID WESTERFIELD DANCING ALONE WITH BRENDA THAT NIGHT?
A: I JUST SAW HIM TURN TO HER AND DANCE WITH HER.
Q: AND THIS WAS THIS TWENTY-SECOND PERIOD OF TIME THAT YOU TOLD US ABOUT?
A: YES.
Q: DID YOU EVER SEE HIM DANCING ALONE WITH BRENDA OTHER THAN THAT TIME WHEN HE WAS DANCING WITH BRENDA AND DENISE?
A: NO, I DID NOT.
Q: SO THIS WAS JUST ONE TIME THAT YOU SAW THEM, THE THREE OF THEM, DANCING IN THE SAME AREA?
A: YES.
Q: YOU’VE TOLD US THAT YOU SAW MR. WESTERFIELD LEAVE AROUND MIDNIGHT, IS THAT RIGHT?
A: YES.
Q: WHERE WERE YOU WHEN YOU SAID GOOD-BYE TO MR. WESTERFIELD?
A: BY THE FRONT DOOR, STILL INSIDE THE BAR.
Q: DID YOU ASK HIM WHERE HE WAS GOING?
A: YES.
Q: AND WHAT DID HE SAY?
A: HE SAID I’M GOING HOME.
Q: WHEN WAS THE FIRST TIME THAT YOU TALKED TO ANYBODY FROM THE DEFENSE OR SAYING THEY REPRESENTED MR. WESTERFIELD?
APPROXIMATELY.
A: PROBABLY FOURTEEN DAYS AGO.
Q: IT WAS SOME TIME AFTER THIS EVENING THAT YOU DESCRIBED WHERE YOU SAW MR. WESTERFIELD DANCING, IS THAT RIGHT?
A: YES.
Q: AND IT WAS AFTER YOU TALKED TO THE POLICE OFFICER ON THE PHONE, WASN’T IT?
A: YEAH.
Q: THE FRIEND OF OR THE GIRLFRIEND OF MR. WESTERFIELD THAT YOU KNOW, DOES SHE HAVE A DOG?
A: I DON’T KNOW.
(DISCUSSION OFF THE RECORD BETWEEN MR. BOYCE
AND MR. FELDMAN.)
MR. BOYCE: THANK YOU, MISS NASLAND.
THE COURT: ANYTHING FURTHER, MR. DUSEK?
MR. DUSEK: NO, YOUR HONOR. THANK YOU.
THE COURT: ALL RIGHT.
IS THIS WITNESS TO BE EXCUSED, COUNSEL?
MR. BOYCE: SUBJECT TO RECALL, YOUR HONOR.
THE COURT: ALL RIGHT.
MA’AM, THANK YOU VERY MUCH FOR COMING IN. YOU ARE INSTRUCTED NOT TO DISCUSS YOUR TESTIMONY WITH ANYONE UNTIL THE MATTER IS CONCLUDED. OKAY. THANK YOU.
(THE WITNESS WAS EXCUSED.)

DONNA L. WILLIAMS,
CALLED AS A WITNESS BY THE DEFENDANT, HAVING BEEN DULY SWORN, TESTIFIED AS FOLLOWS:

THE CLERK: MA’AM, WOULD YOU PLEASE STATE YOUR NAME AND SPELL IT FOR THE RECORD.

THE WITNESS: DONNA L. WILLIAMS. W-I-L-L-I-A-M-S.

DIRECT EXAMINATION
BY MR. BOYCE:
Q: GOOD MORNING, MA’AM.
WHAT IS YOUR OCCUPATION?
A: POLICE OFFICER.
Q: FOR WHOM?
A: CITY OF SAN DIEGO.
Q: ON FEBRUARY 6TH WERE YOU SO EMPLOYED?
A: YES.
Q: DID YOU BECOME INVOLVED IN THE INVESTIGATION INTO THE DISAPPEARANCE OF DANIELLE VAN DAM?
A: YES, I DID.
Q: WERE YOU ASKED TO INTERVIEW SOME WITNESSES?
A: YES, I WAS.
Q: WAS ONE OF THOSE WITNESSES THAT YOU INTERVIEWED A PERSON BY THE NAME OF GLENNIE NASLAND?
A: THAT’S CORRECT.
Q: WHEN DID THAT INTERVIEW OCCUR?
A: ON THE 6TH. FEBRUARY 6TH, 2002.
Q: WAS THAT IN PERSON OR ON THE PHONE?
A: ON THE TELEPHONE.
Q: WHEN YOU INTERVIEWED MISS NASLAND, DID YOU ASK SOME QUESTIONS ABOUT WHAT SHE REMEMBERS ABOUT GOING TO DAD’S BAR ON THE EVENING OF FEBRUARY 1ST?
A: YES, I DID.
Q: DID YOU ASK HER IF SHE KNEW A PERSON BY THE NAME OF DAVID WESTERFIELD?
A: YES, I DID.
Q: AND DID YOU ASK MISS NASLAND IF SHE SAW A PERSON BY THE NAME OF BRENDA DANCING ALONE WITH DAVID WESTERFIELD?
A: ACTUALLY I ASKED HER WHO DID BRENDA DANCE WITH, AND SHE TOLD ME THAT SHE DANCED WITH DAVID WESTERFIELD AND THAT SHE — AND THAT A FRIEND OF BRENDA’S ALSO JOINED THEM, AND THEY ALL DANCED TOGETHER.
Q: DID SHE TELL YOU THAT GLENNIE NASLAND TOLD HER THAT BRENDA DANCED ALONE WITH WESTERFIELD?
A: YES.
Q: AND THEN BOTH BRENDA AND HER DARK-HAIRED GIRL FRIEND WERE DANCING WITH WESTERFIELD AT THE SAME TIME?
A: THAT’S CORRECT.
Q: DID SHE TELL YOU THAT SHE REMEMBERED THAT BECAUSE SHE WAS DANCING?
MR. DUSEK: OBJECTION. LEADING.
THE COURT: REPHRASE THE QUESTION. SUSTAINED.
BY MR. BOYCE:
Q: DID SHE TELL YOU HOW SHE REMEMBERED THAT?
A: YES.
Q: HOW DID SHE REMEMBER THAT?
A: SHE SAID SHE REMEMBERED THAT BECAUSE SHE WAS ALSO ON THE DANCE FLOOR WITH EITHER HER FRIEND BEVERLY CROSS OR BEVERLY’S BOYFRIEND, AND THAT THEY WERE DANCING RIGHT NEXT TO EACH OTHER.
MR. BOYCE: THANK YOU.
I HAVE NOTHING FURTHER.
THE COURT: CROSS-EXAMINATION.

CROSS-EXAMINATION
BY MR. DUSEK:
Q: DID SHE SAY HOW SHE KNEW MR. WESTERFIELD?
A: YES. SHE SAID SHE’S KNOWN HIM FOR ABOUT FOUR YEARS.
Q: DID SHE DESCRIBE HER RELATIONSHIP WITH HIM?
A: SHE SAID THAT — WELL, FROM WHAT I REMEMBER, THAT SHE’S KNOWN HIM FOR FOUR YEARS, THAT SHE KNOWS HIS GIRLFRIEND OR HIS EX-GIRLFRIEND, AND THAT THEY ALL USED TO MEET UP AT ANOTHER BAR IN POWAY BEFORE IT CLOSED.
Q: DID YOU GO INTO ANY DETAILS AS TO HOW CLOSE A FRIEND SHE WAS WITH THE DEFENDANT?
A: NO. NOT THAT I CAN RECALL.
Q: DID SHE TALK ABOUT BEING WITH THE DEFENDANT AND BRENDA AT THE BAR WHEN SOME DISCUSSIONS WERE GOING ON?
A: YES.
Q: WHAT DID SHE SAY?
A: SHE SAID THAT SHE WENT UP TO THE BAR.
MR. BOYCE: OBJECTION.
THE COURT: OVERRULED.
YOU MAY ANSWER, OFFICER.
THE WITNESS: SHE SAID THAT MR. WESTERFIELD WAS SITTING AT THE BAR, AND SHE CAME UP AND HAD A DISCUSSION WITH HIM ABOUT HIS EX-GIRLFRIEND.
BY MR. DUSEK:
Q: THAT’S NOT THE ONE I WAS CONCERNED WITH. WAS THERE A TIME WHEN SHE WAS THERE WHEN BRENDA AND HER FRIENDS WERE AT THE BAR AND SOME OTHER GUYS CAME IN?
A: OH, YES. YES.
Q: WHAT DID SHE TELL YOU ABOUT THAT ONE?
A: SHE SAID WHEN THESE OTHER GUYS CAME IN THAT BRENDA AND HER FRIEND TURNED THEIR ATTENTION OVER TO THESE GUYS.
Q: BASICALLY TURNED HER BACK ON WESTERFIELD?
A: I WOULD HAVE TO READ MY REPORT TO LET YOU KNOW WHETHER OR NOT SHE TURNED HER BACK. I KNOW SHE TURNED HER ATTENTION TOWARDS THESE GUYS.
Q: SHE INDICATED THAT WAS AT THE BEGINNING OF THE EVENING?
A: SHE SAID THAT IT WAS, YOU KNOW, — THERE WAS NO TIME FRAME. I KNOW WHAT TIME SHE SAID SHE GOT THERE, AND I KNOW WHAT TIME SHE SAID MR. WESTERFIELD LEFT, SO IT WAS SOME TIME DURING THAT TIME.
Q: WHAT TIME DID SHE SAY SHE GOT THERE?
A: SHE SAID SHE GOT THERE AT 10:00 O’CLOCK.
Q: DID SHE SAY WHETHER OR NOT WESTERFIELD WAS THERE WHEN SHE ARRIVED OR NOT?
A: WHAT SHE SAID WAS THAT WESTERFIELD CAME AFTER HER.
Q: AND I WOULD LIKE TO DIRECT YOUR ATTENTION TO THE TOP OF THE PARAGRAPH ON PAGE 2 IN CASE YOU HAVE ANY DIFFICULTY REMEMBERING THE AREA.
A: OKAY.
Q: DID SHE INDICATE AFTER THE DEFENDANT — AFTER BRENDA VAN DAM AND HER FRIENDS TURNED THEIR ATTENTION AWAY FROM THE DEFENDANT WHAT THE DEFENDANT DID?
A: I WOULD HAVE TO REFER TO MY REPORT.
Q: WOULD YOU.
A: I’M NOT FAMILIAR WITH THAT.
MR. FELDMAN: YOUR HONOR, I’M SORRY. I DIDN’T HEAR THE LAST PART OF WHAT THE — I HEARD HER SAY SHE WANTED TO REFER TO
HER —
THE WITNESS: THAT’S WHAT I SAID. I WOULD HAVE TO REFER TO MY REPORT TO BE ABLE TO RECALL THAT.
MR. FELDMAN: THANK YOU.
THE COURT: ALL RIGHT.
THE WITNESS: OKAY. CAN YOU REPEAT THE QUESTION?
BY MR. DUSEK:
Q: AFTER THE DISCUSSION AT THE BAR WHEN BRENDA VAN DAM AND HER FRIENDS TURNED THEIR ATTENTION AWAY FROM THE DEFENDANT, DID GLENNIE NASLAND SAY WHAT THE DEFENDANT DID AT THAT TIME?
A: OKAY.
(PAUSE.)
Q: I’M CONCERNED ABOUT THE TOP PARAGRAPH ON PAGE 2.
A: THERE’S NO INDICATION HERE AS TO WHAT EXACTLY HAPPENED AFTER THEY TURNED THEIR ATTENTION AWAY.
Q: AT LEAST IN THAT PARAGRAPH DID YOU INDICATE THAT GLENNIE NASLAND HAD TOLD YOU THAT WESTERFIELD DANCED WITH BRENDA’S GIRL FRIEND, THE ONE WITH THE DARK HAIR?
A: YES.
Q: WHEN YOU DID THE INTERVIEW, WERE YOU AT LEAST CONCERNED AT THAT TIME AS TO THE SEQUENCE OF EVENTS?
A: NO. NOT NECESSARILY.
Q: BUT SHE DID INDICATE THAT THE DEFENDANT DANCED WITH THE DARK-HAIRED GIRL?
A: CORRECT.
Q: AND LATER ON WHEN SHE DESCRIBED FOR YOU THE DEFENDANT DANCING WITH THE DARK-HAIRED GIRL AND BRENDA, DID YOU GO INTO ANY DETAILS WHAT SHE MEANT BY DANCING?
A: NO, I DID NOT.
Q: DID YOU DETERMINE WHETHER IT WAS FAST DANCING OR SLOW DANCING?
A: NO, I DID NOT.
MR. DUSEK: THANK YOU, MA’AM.
THE COURT: ALL RIGHT.
ANYTHING FURTHER, MR. BOYCE?

REDIRECT EXAMINATION
BY MR. BOYCE:
Q: DETECTIVE, YOU WERE CONCERNED ABOUT GETTING THE TRUTH OUT, WEREN’T YOU?
A: YES.
Q: AND WHEN YOU SAID — WHEN BRENDA WAS TALKING TO MR. WESTERFIELD, THE OTHER MALES ENTERED THE CAFE, IS THAT CORRECT?
A: THAT’S CORRECT.
Q: BRENDA AND HER FRIENDS TURNED THEIR ATTENTION TOWARD THESE OTHER GUYS.
A: THAT’S CORRECT.
Q: NOTHING ABOUT TURNING THEIR BACK ON MR. WESTERFIELD, IS THERE?
A: I DON’T RECALL THAT.
Q: AND THEN YOU SAID SOME TIME DURING THE EVENING NASLAND STATED WESTERFIELD DANCED WITH BRENDA’S GIRL FRIEND, THE ONE WITH THE DARK HAIR.
A: CORRECT.
Q: YOU ASKED SOME — YOU ALSO ASKED MR. WESTERFIELD — I’M SORRY — YOU ALSO ASKED MISS NASLAND WHAT MR. WESTERFIELD WAS WEARING THAT EVENING, DIDN’T YOU?
A: YES, I DID.
Q: AND SHE DESCRIBED A DARK SHIRT AND BLACK BOOTS, BUT SHE COULDN’T SAY FOR SURE.
A: YES.
MR. BOYCE: I HAVE NOTHING FURTHER, YOUR HONOR.
THE COURT: ANYTHING FURTHER?

RECROSS-EXAMINATION
BY MR. DUSEK:
Q: WHAT ELSE DID SHE SAY ABOUT THE BLACK BOOTS?
A: SHE SAID THAT SHE WAS SURE WESTERFIELD HAD ON BLACK BOOTS BECAUSE THAT’S WHAT HE ALWAYS WORE WHEN HE CAME TO THE BAR.
MR. DUSEK: THANK YOU.
THE COURT: ANYTHING FURTHER?

FURTHER REDIRECT EXAMINATION
BY MR. BOYCE:
Q: IN YOUR REPORT YOU STATED NASLAND SAID HE WAS PROBABLY WEARING THE BLACK BOOTS BECAUSE THAT’S WHAT HE ALWAYS WEARS WHEN HE COMES TO THE BAR, IS THAT CORRECT?
A: RIGHT.
MR. BOYCE: THANK YOU.
THE COURT: ALL RIGHT.
DETECTIVE, BEFORE YOU GET ASKED ANOTHER QUESTION, I THINK YOU BETTER GET OUT OF HERE.
THE WITNESS: I KNOW.

THE COURT: RIGHT. THANK YOU VERY MUCH FOR COMING IN. YOU ARE FREE TO LEAVE.
PLEASE REMEMBER NOT TO DISCUSS YOUR TESTIMONY UNTIL THE MATTER IS CONCLUDED OTHER THAN AS IT RELATES TO YOUR OFFICIAL DUTIES.

THE WITNESS: YES, SIR.

THE COURT: ALL RIGHT.
(THE WITNESS WAS EXCUSED.)

PATRICIA A. LE PAGE,
CALLED AS A WITNESS BY THE DEFENDANT, HAVING BEEN DULY SWORN, TESTIFIED AS FOLLOWS:
THE CLERK: MA’AM, WOULD YOU PLEASE STATE YOUR NAME AND SPELL IT FOR THE RECORD.
THE WITNESS: LAST NAME L-E CAPITAL P-A-G-E. FIRST NAME PATRICIA. MIDDLE NAME OR MIDDLE WHATEVER A.

DIRECT EXAMINATION
BY MR. FELDMAN:
Q: MA’AM, GOOD MORNING.
A: HI.
Q: PRIOR TO COMING TO COURT TODAY, DID YOU REVIEW ANYTHING TO HELP REMEMBER WHAT IT WAS YOU HAD TO TESTIFY ABOUT?
A: COULD YOU RESTATE THAT?
Q: YOU GOT SOMETHING UP THERE.
A: OH. THIS IS — BOY, DO I HAVE IT PINNED DOWN AS FAR AS A TIME LINE.
Q: I’M SORRY. I DIDN’T HEAR WHAT YOU SAID, BUT I THINK I NEED TO ASK YOU TO PLEASE SLOW DOWN AND ALSO IF YOU CAN MOVE YOUR MOUTH A LITTLE CLOSER TO THE MIKE OR MOVE THE MIKE CLOSER.
A: THEY GOT THIS DOWN.
Q: YOU GOT IT. THANK YOU VERY MUCH.
A: JUST DO THAT. OKAY.
Q: BEFORE YOU CAME TO COURT, DID YOU HAVE DOCUMENTS THAT YOU READ TO HELP REMEMBER?
A: YES.
Q: WHAT DOCUMENTS DID YOU REVIEW?
A: I HAVE A DISCOVERY PAGE OR A DISCOVERY THAT WAS DATED APRIL 2ND OF THIS YEAR. IT WAS TAKEN OVER THE PHONE.
Q: YES.
A: AND I ALSO HAVE THE SAN DIEGO POLICE DEPARTMENT INVESTIGATOR’S REPORT.
Q: THAT ONE SIGNED BY D. L. MORRIS, DAVID MORRIS?
A: THAT’S CORRECT.
Q: ALL RIGHT.
MA’AM, I WOULD LIKE TO DIRECT YOUR ATTENTION TO FEBRUARY THE 1ST.
A: M-HM.
Q: IT WAS A FRIDAY NIGHT.
A: RIGHT.
DID YOU GO OUT — ARE YOU RELATED TO CHEROKEE YOUNGS?
A: SHE’S MY DAUGHTER.
Q: DID YOU AND CHEROKEE GO OUT ON FRIDAY NIGHT, FEBRUARY 1ST?
A: YES, SIR.
Q: WHERE DID YOU GO?
A: WE WENT OVER TO THE BRIGANTINE IN POWAY FOR MY BIRTHDAY DINNER.
Q: AND WHEN YOU WERE AT THE BRIGANTINE, DO YOU RECALL APPROXIMATELY WHAT TIME YOU GOT THERE?
A: THAT IS A HARD ONE. IT PROBABLY WOULD BE AROUND 8:00, 8:15 WHEN WE ARRIVED.
Q: DO YOU KNOW WHAT TIME YOU LEFT, DON’T YOU?
A: YES.
Q: HOW DO YOU KNOW THAT?
A: BECAUSE I CONTACTED THE MANAGER AT THE BRIGANTINE, AND AFTER FORTY-FIVE MINUTES OF HIS PRECIOUS TIME, HE WAS ABLE TO TELL ME WHAT TIME THE CHECK WAS SIGNED AND WE LEFT.
Q: BECAUSE YOU WERE AWARE THAT IN THE REPORTS AND IN YOUR PRIOR STATEMENTS THERE WAS SOME APPARENT ISSUE OF —
A: DISCREPANCIES.
Q: — OR POSSIBLE ISSUE —
A: EXACTLY.
THE COURT: MA’AM, I KNOW YOU WANT TO ANSWER, BUT SEE THAT GENTLEMAN DOWN THERE. HE’S GOT GRAY HAIR.
THE WITNESS: SORRY, SIR.
THE COURT: HE DOESN’T WANT ANY MORE GRAY HAIR, SO YOU LET MR. FELDMAN ASK THE QUESTION, AND THEN HE’LL LET YOU —
THE WITNESS: I ASK THE QUESTIONS?
THE COURT: NO. YOU’RE INTERRUPTING. YOU’RE ANTICIPATING.
THE WITNESS: I’M TERRIBLE ABOUT THAT.
THE COURT: OKAY.
THE WITNESS: OKAY.
THE COURT: WE WILL TRY AND GET THAT SOLVED.
THE WITNESS: I WILL TRY TO KEEP IT DOWN. WAIT ‘TIL CHEROKEE GETS MY AGE. SSHHHUSSHH.
THE COURT: ALL RIGHT.
MR. FELDMAN.
MR. FELDMAN: I’M TRYING.
THE WITNESS: I WILL SLOW DOWN. I’M SORRY.
MR. FELDMAN: THANK YOU, MA’AM.
BY MR. FELDMAN:
Q: APPARENTLY YOU CALLED UP THE BRIGANTINE FOR THE PURPOSE OF ASSISTING YOU IN REFRESHING YOUR MEMORY AS TO THE TIME THAT YOU LEFT. IS THAT A FAIR STATEMENT?
A: THAT’S A FAIR STATEMENT.
Q: AND AFTER COMMUNICATING WITH THE BRIGANTINE, DO YOU RECALL WHAT TIME YOU LEFT — APPROXIMATELY WHAT TIME YOU LEFT THE BRIGANTINE?
A: BETWEEN 11:10 AND 11:15.
Q: WERE YOU WITH YOUR DAUGHTER CHEROKEE WHEN YOU LEFT THE BRIGANTINE?
A: YES.
Q: I WANT TO GIVE YOU A CHANCE TO DRINK THAT.
A: OH. THANK YOU.
Q: WHEN YOU LEFT THE BRIGANTINE, WHERE DID YOU AND YOUR DAUGHTER GO?
A: WE WENT OVER TO O’HARLEY’S FOR A NIGHTCAP. BUT THEY HAD CLOSED.
Q: DO YOU KNOW ANYBODY AT O’HARLEY’S?
A: WELL, I KNOW THE OWNER AND A FEW OTHER PEOPLE, HIS FATHER, HIS MOTHER.
Q: YVETTE?
A: YVETTE. IN FACT, YVETTE CAME OUT TO THE CAR AND AGREED TO MEET US AT DAD’S CAFE.
Q: SO IT SOUNDS AS THOUGH YOU FIRST WENT AND HAD DINNER AT THE BRIGANTINE WITH YOUR DAUGHTER. IS THAT RIGHT?
A: THIS IS CORRECT.
Q: DID YOU HAVE ANYTHING TO DRINK AT THE BRIGANTINE?
A: SHE AND I SHARED A BOTTLE OF WINE WITH DINNER.
Q: DID YOU HAVE ANY COCKTAILS?
A: NOT THERE.
Q: ALL RIGHT.
WHEN YOU WENT FROM THE — I’M SORRY. I THINK YOU JUST TOLD ME YOU STARTED ABOUT 8:00 O’CLOCK AT THE BRIGANTINE.
A: APPROXIMATELY. WE EAT LATE. YOU KNOW.
Q: AND THEN AFTER YOU WERE DONE AT THE BRIGANTINE, YOU WENT TO O’HARLEY’S FOR THE PURPOSE OF HAVING A NIGHTCAP.
A: THAT’S CORRECT.
Q: BUT IT TURNED OUT O’HARLEY’S WAS CLOSED.
A: THEY HAD CLOSED EARLY.
Q: SO WHERE DID YOU GO?
A: WE WENT OVER TO DAD’S.
Q: WHY DID YOU GO TO DAD’S?
A: BECAUSE WE KNEW IT WAS OPEN. WE WANTED A NIGHTCAP. WE WANTED TO SOCIALIZE. AND THEY HAVE A LIVE BAND ON FRIDAY NIGHTS. AND IT WAS MY BIRTHDAY.
Q: SO YOU PLANNED TO CONTINUE I GUESS CELEBRATING, IS THAT A FAIR STATEMENT?
A: YES.
Q: ALL RIGHT.
WHEN YOU GOT TO DAD’S, DO YOU RECALL APPROXIMATELY WHAT TIME IT WAS?
A: IT HAD TO BE ABOUT 11:20, 11:25.
Q: WHEN YOU GOT TO DAD’S, DID YOU HAVE ANYTHING OF AN ALCOHOLIC NATURE TO DRINK WITH YOUR DAUGHTER?
A: I HAD A COCKTAIL. AND I HAD A SECOND COCKTAIL BEFORE LAST CALL.
Q: ALL RIGHT.
AT SOME POINT DURING THE EVENING DID YOUR ATTENTION GET DRAWN TO A WOMAN WHO YOU LATER LEARNED WAS BRENDA VAN DAM?
A: YES.
Q: WHAT HAPPENED? WHAT CAUSED YOUR ATTENTION TO BE DRAWN TO BRENDA VAN DAM?
A: HER BEHAVIOR.
Q: WHAT ABOUT HER BEHAVIOR?
A: WELL, SHE’S A FLAMBOYANT PERSON. I DO NOT WISH TO DEFAME MRS. VAN DAM. I DON’T KNOW HER AGE. MAYBE THIS IS HOW YOUNGER PEOPLE ACT.
Q: HOW WAS SHE ACTING?
A: LIKE I SAID, FLAMBOYANT.
Q: WHAT BEHAVIOR DO YOU MEAN TO COMMUNICATE BY USE OF THE WORD FLAMBOYANT?
A: HMMM. HMMM. HMMM. HMMM. HMMM. FRISKY.
Q: FRISKY. IS THAT THE WORD YOU JUST USED?
A: YES, I DID.
Q: AND WHAT DO YOU MEAN TO COMMUNICATE WHEN YOU USE THE WORD FRISKY?
A: SHE WAS ALL OVER THE PLACE.
Q: I’M SORRY. WHAT DOES THAT MEAN?
A: THAT MEANS SHE WAS VERY, VERY MUCH SOCIALIZING AND TALKING WITH A LOT OF PEOPLE, AND HER ACTIONS WERE, YOU KNOW, JUST FRISKY.
Q: ALL RIGHT.
DO YOU MEAN, WHEN YOU USE THE TERM FRISKY, DOES IT HAVE ANY KIND OF A SEXUAL CONNOTATION TO IT?
A: NOT TO ME.
Q: DID IT APPEAR THAT THE BEHAVIORS YOU WERE VIEWING HAD ANY FORM OF SEXUAL CONNOTATION?
MR. DUSEK: OBJECTION. SPECULATION.
THE COURT: SUSTAINED.
YOU NEED NOT ANSWER, MA’AM.
THE WITNESS: OH, OKAY. I COULDN’T HEAR THAT ANYWAY.
MR. FELDMAN: OKAY.
BY MR. FELDMAN:
Q: AT SOME POINT IN TIME DID THE WOMAN YOU LATER LEARNED TO BE BRENDA VAN DAM COME AND TALK TO YOU?
A: SHE BASICALLY DIDN’T TALK WITH ME. SHE TALKED WITH MY DAUGHTER.
Q: WAS THAT AT THE SAME TABLE AS YOU?
A: I WAS SITTING AT THE TABLE ADJACENT, SO I WAS PERHAPS THIS FAR AWAY FROM MY DAUGHTER’S TABLE.
Q: YOU SAID THIS FAR, AND YOU EXTENDED YOUR ARM. ARE YOU SAYING ABOUT THREE FEET, MA’AM?
A: ABOUT THAT.
Q: ALL RIGHT.
AND WHAT, IF ANYTHING, DID YOU HEAR BRENDA VAN DAM SAY?
A: SHE WAS INTERESTED IN HAVING MY DAUGHTER COME OVER TO HER HOME TO PARTY AFTER DAD’S CLOSED.
Q: THAT EVENING?
A: M-HM.
Q: YOU SAID UH-HUH. I’M SORRY. YOU HAVE TO SAY YES OR NO WHEN YOU MEAN TO COMMUNICATE AFFIRMATIVE OR NEGATIVE.
A: EXCUSE ME.
Q: YOU SAID UH-HUH, IS THAT RIGHT?
A: YES.
Q: DO YOU MEAN TO COMMUNICATE YES?
A: YES.
Q: TAKEN CARE OF.
DO YOU RECALL ANYTHING ELSE ABOUT WHAT BRENDA SAID TO YOUR DAUGHTER WHEN SHE WAS ASKING YOUR DAUGHTER TO GO HOME TO HER HOUSE THAT EVENING?
A: I WANT TO GET THIS CLEAR BEFORE I ANSWER.
Q: LET ME ASK YOU THIS WAY: DO YOU HAVE A SPECIFIC MEMORY OF WHAT IT WAS?
A: NOT A SPECIFIC MEMORY AS FAR AS THE EXACT WORDS.
Q: SO LET ME ASK YOU TO PLEASE TAKE A LOOK AT ONE OF THE DOCUMENTS THAT YOU BROUGHT WITH YOU TO COURT.
A: ALL RIGHT.
Q: IT’S THE REPORT THAT’S DATED 4/2/02. AND DIRECT YOUR ATTENTION TO THE THIRD PARAGRAPH OF THE FIRST PAGE.
A: OKAY. YES.
SHE WAS ACTIVELY PURSUING MY DAUGHTER IN AN I WOULD HAVE TO SAY —
MR. DUSEK: OBJECTION, YOUR HONOR.
THE WITNESS: EXCUSE ME.
MR. DUSEK: MAY WE APPROACH THE BENCH?
THE COURT: ALL RIGHT. CERTAINLY.
BOB.
(SIDEBAR DISCUSSION, OUT OF THE HEARING OF THE JURY,
AS FOLLOWS:

(PROCEEDINGS NOT PART OF THE PUBLIC RECORD.)

(END OF SIDEBAR DISCUSSION.)
THE COURT: OKAY. MR. FELDMAN.
MR. FELDMAN: CAN I HAVE THE LAST QUESTION READ BACK, PLEASE?
THE COURT: CERTAINLY.
BOB.
(THE FOLLOWING WAS READ BY THE REPORTER:

“Q IT’S THE REPORT THAT’S DATED 4/2/02. AND DIRECT YOUR
ATTENTION TO THE THIRD PARAGRAPH OF THE FIRST PAGE.”)
THE COURT: THERE IS NO QUESTION PENDING.
BY MR. FELDMAN:
Q: MA’AM, I DIRECTED YOUR ATTENTION TO THE PORTION OF THE REPORT TRYING TO REFRESH YOUR RECOLLECTION.
A: RIGHT.
Q: DO YOU HAVE A RECOLLECTION AS TO WHETHER OR NOT BRENDA SAID ANYTHING TO YOUR DAUGHTER?
A: WELL, SHE DID ASK MY DAUGHTER IF SHE LIKED GIRLS.
Q: ALL RIGHT.
AT THAT POINT IN TIME DID YOUR DAUGHTER RESPOND? I’M NOT ASKING YOU WHAT SHE SAID; I’M JUST ASKING YOU WHETHER OR NOT YOUR DAUGHTER RESPONDED.
A: YES.
Q: AND DID SHE RESPOND NEGATIVELY?
A: YES.
Q: WITH REGARD TO BRENDA VAN DAM, DO YOU RECALL HOW SHE WAS DRESSED THAT EVENING?
A: SHE HAD A RED TOP THAT WAS MAYBE THREE-QUARTER LENGTH TO HERE OR TO HERE. SCOOP-NECKED. AND I GUESS SHE HAD ON A PAIR OF SLACKS. I CAN’T REMEMBER. IT WAS A VERY RED TOP, AND SHE HAD BLOND HAIR.
Q: ACCORDING TO YOUR OBSERVATIONS OF BRENDA VAN DAM, DID YOU FORM AN OPINION AS TO THE NATURE OF HER BEHAVIOR?
A: WELL, —
MR. DUSEK: OBJECTION. SPECULATION.
THE COURT: SUSTAINED.
BY MR. FELDMAN:
Q: WERE YOU —
THE COURT: BE MORE SPECIFIC, COUNSEL.
MR. FELDMAN: ALL RIGHT.
BY MR. FELDMAN:
Q: HOW MUCH TIME WOULD YOU ESTIMATE YOU OBSERVED BRENDA VAN DAM’S BEHAVIOR AT DAD’S BAR THAT EVENING?
A: OH, OFF AND ON I WOULD SAY MORE THAN — NO MORE THAN FIVE MINUTES, BECAUSE IT WAS RATHER BORING.
Q: I’M SORRY. WHAT WAS RATHER BORING?
A: HER BEHAVIOR.
Q: DID IT SEEM — WAS SHE TRYING TO ENGAGE YOU IN CONVERSATION, IS THAT WHAT YOU ARE SAYING?
A: SHE WASN’T ENGAGING ME IN CONVERSATION; SHE WAS ENGAGING MY DAUGHTER IN CONVERSATION. AS WAS — OH. I ANSWERED YOUR QUESTION.
Q: ALL RIGHT.
AT SOME POINT IN TIME — DO YOU KNOW DAVID WESTERFIELD?
A: I HAVE SEEN MR. WESTERFIELD. I DO NOT KNOW HIM SOCIALLY, BUT I’VE SEEN HIM ON OCCASION OVER AT O’HARLEY’S. I’VE SEEN HIM AT DAD’S.
Q: ALL RIGHT.
DO YOU RECALL SEEING MR. WESTERFIELD THAT EVENING AT DAD’S?
A: YES, I DO.
Q: DO YOU RECALL HOW HE WAS DRESSED?
A: HE HAD ON A SPORT SHIRT AND SLACKS AND SEEMED TO BE ENJOYING HIMSELF. VERY CONVIVIAL.
Q: DID YOU NOTICE WHETHER OR NOT THERE WAS ANY INTERACTION BETWEEN MR. WESTERFIELD AND BRENDA VAN DAM?
A: THERE WAS.
Q: WHAT WAS THE INTERACTION?
A: DANCING.
Q: ANY FURTHER INTERACTION?
A: NO. DANCING.
Q: DO YOU RECALL WHETHER OR NOT — WELL, DO YOU HAVE A SPECIFIC RECOLLECTION OF THE BEHAVIORS THAT YOU OBSERVED BRENDA VAN DAM ENGAGING IN WITH REGARD TO MR. WESTERFIELD?
A: YES, I DO. I WAS APPROXIMATELY THREE OR FOUR FEET AWAY. THERE’S THE BAR; THERE’S A WALKWAY TO THE BACK OF THE BAR; AND THERE’S A LEDGE RIGHT BY THE DANCE FLOOR —
Q: YES, MA’AM.
A: — WHERE YOU CAN PUT YOUR DRINK OR YOU CAN JUST LEAN ON IT. AND MR. — EXCUSE ME. MR. WESTERFIELD AND MRS. VAN DAM WERE DANCING.
Q: DID YOU NOTICE WHETHER OR NOT SHE APPEARED TO BE RUBBING HERSELF ALL OVER HIM?
A: YES.
Q: THOSE WERE YOUR WORDS, WEREN’T THEY?
A: YES.
Q: CAN YOU DESCRIBE WHAT IT WAS SHE WAS DOING THAT CAUSED YOU TO — BRENDA WAS DOING THAT CAUSED YOU TO FORM THE OPINION SHE WAS RUBBING HERSELF ALL OVER HIM, MEANING MR. WESTERFIELD?
A: CAN YOU REPHRASE THAT, PLEASE?
Q: YES.
WHAT WAS BRENDA DOING TO DAVID THAT CAUSED YOU TO BELIEVE OR DESCRIBE THAT HER BEHAVIOR CONSTITUTED RUBBING HERSELF ALL OVER HIM?
A: JUST SEEING HER DO IT.
Q: WHAT PARTS OF HER, IF ANY, —
A: ANATOMY?
Q: YES. — OF HER ANATOMY WAS SHE RUBBING AGAINST MR. WESTERFIELD?
A: I WOULD HAVE TO SAY HIP BONES AND BOSOM.
Q: WERE THEY DANCING TOGETHER WHEN YOU MADE THAT OBSERVATION?
A: THEY WERE. THERE WERE A WHOLE BUNCH OF PEOPLE ON THE DANCE FLOOR.
Q: IS THERE A MANNER IN WHICH YOU WOULD CHARACTERIZE THEIR DANCING?
A: WELL, IT WAS A MOVIE THEY CALLED — IT WAS CALLED “DIRTY DANCING,” SO I GUESS I WOULD HAVE TO SAY THAT. I’M NOT REALLY FAMILIAR WITH THE WAY YOUNG PEOPLE DANCE TODAY.
Q: OKAY.
AND DO YOU KNOW WHETHER OR NOT WHEN BRENDA WAS RUBBING HERSELF ALL OVER DAVID, WAS IT A FAST DANCE OR A SLOW DANCE, IF YOU RECALL, MA’AM?
A: IT WAS ROCK AND ROLL.
Q: ALL RIGHT.
BY THE WAY, WITH REGARD TO MR. WESTERFIELD, DO YOU RECALL WHETHER OR NOT HE HAD — WAS WEARING GLASSES?
A: I THOUGHT HE WAS.
Q: DO YOU RECALL WHETHER OR NOT HE HAD A FULL HEAD OF HAIR?
A: NO, HE DOESN’T.
Q: NOW, I KNOW YOU’VE SEEN HIM IN THE COURTROOM.
A: NO. I’VE SEEN HIM BEFORE THAT. I KNOW MR. WESTERFIELD. I KNOW WHAT HE LOOKS LIKE.
Q: OKAY.
A: AND. . .
(DISCUSSION OFF THE RECORD BETWEEN MR. FELDMAN
AND MR. BOYCE.)
BY MR. FELDMAN:
Q: DO YOU KNOW HOW LONG YOU STAYED AT THE BAR, MA’AM
A: CLOSING. 2:00 A.M.
Q: DO YOU REMEMBER DID MR. WESTERFIELD LEAVE BEFORE YOU OR ABOUT THE SAME TIME AS YOU OR —
A: I DON’T KNOW.
Q: YOU WEREN’T PAYING ATTENTION?
A: NO. I WAS BACK IN THE SMOKING LOUNGE AGAIN.
Q: OKAY.
AT SOME POINT IN TIME DID YOU OBSERVE WHETHER OR NOT BRENDA AND OTHER WOMEN ALSO WENT INTO THE SMOKING LOUNGE?
A: YES.
Q: WERE THEY? DID THEY?
A: THEY DID.
Q: WITH REGARD TO THEIR BEHAVIORS, FIRST OF ALL, DO YOU RECALL HOW MANY PEOPLE WERE WITH BRENDA IN THE SMOKING LOUNGE?
A: I THINK TWO LADIES.
Q: OKAY.
DO YOU RECALL ANYTHING ABOUT THE LADIES?
A: YES.
Q: PLEASE TELL US.
A: ONE WAS SHORT AND ONE WAS TALL.
Q: WITH REGARD TO THE SHORT ONE, IS THERE OTHER WORDS YOU CAN USE TO DESCRIBE HER?
A: WELL, SHE LOOKS RATHER EXOTIC I THOUGHT.
Q: LIGHT-COMPLECTED, DARK-COMPLECTED? TALL? SHORT?
A: THE SHORT LADY WHO I’VE COME TO KNOW AS DENISE, —
Q: ALL RIGHT.
A: — SEEMED TO BE A LITTLE — I DON’T KNOW IF IT WAS A TAN OR WHAT, BUT I DON’T KNOW WHY I GOT THE IMPRESSION SHE WAS PERHAPS ASIATIC OR HAD ASIATIC BLOOD, BUT THAT WAS MY IMPRESSION.
Q: AND DID YOU NOTICE WHETHER OR NOT DENISE SEEMED TO BE DANCING WITH ANY OTHER FEMALES?
A: OH, YES.
Q: WHO?
A: THE LADY THAT I CAME TO KNOW AS BARBARA.
Q: OKAY.
A: AND THEY WERE DANCING. MR. WESTERFIELD AND MRS. VAN DAM WERE DANCING. THE WHOLE DANCE FLOOR WAS COVERED. AND THOSE TWO LADIES, DENISE AND BARBARA, WERE DANCING TOGETHER.
Q: YOU WERE INTERVIEWED INITIALLY ON FEBRUARY THE 11TH, APPROXIMATELY, IS THAT RIGHT? I’M SORRY. FEBRUARY THE 8TH.
A: M-HM. THAT’S CORRECT.
Q: WHEN YOU TALKED TO THE POLICE OFFICER, DO YOU FEEL THAT THE EVENTS WERE FRESHER IN YOUR MIND THAN THEY ARE TODAY?
A: I DON’T THINK IT MAKES A DIFFERENCE.
Q: OKAY.
DID YOU TELL THE OFFICER — DID YOU ANSWER THE OFFICER’S QUESTIONS?
A: I DID TO THE BEST OF MY ABILITY. THERE ARE DISCREPANCIES. THERE ARE THINGS THAT HE PUT IN THERE I DID NOT SAY.
Q: OKAY.
WITH REGARD TO BRENDA’S DRINKING, DO YOU HAVE A —
A: I DID NOT SAY ANYTHING ABOUT HER DRINKING.
THE COURT: MA’AM, YOU’RE STARTING TO DO IT AGAIN. HE HADN’T EVEN ASKED A QUESTION YET.
THE WITNESS: SORRY.
THE COURT: OKAY. PLEASE WAIT UNTIL HE FINISHES HIS QUESTION.
THE WITNESS: I’M SORRY.
THE COURT: ALL RIGHT.
MR. FELDMAN.
BY MR. FELDMAN:
Q: DO YOU RECALL WHETHER — DO YOU HAVE AN INDEPENDENT RECOLLECTION AS TO WHAT, IF ANYTHING, BRENDA WAS DRINKING THAT EVENING?
A: NO.
Q: DO YOU RECALL BEING ASKED WHETHER OR NOT SHE WAS DRINKING HEAVILY THAT EVENING? STRIKE THAT.
DO YOU RECALL TELLING THE OFFICER THAT SHE HAD BEEN DRINKING HEAVILY THAT EVENING?
A: I DID NOT SAY THAT TO HIM.
(DISCUSSION OFF THE RECORD AMONG THE DEFENSE.)
MR. FELDMAN: IF I COULD JUST HAVE A MOMENT, PLEASE, . . .
THE COURT: SURE.
(PAUSE.)
MR. FELDMAN: NO FURTHER QUESTIONS AT THIS TIME, YOUR HONOR. THANK YOU.
THE COURT: ALL RIGHT.
CROSS-EXAMINATION.

CROSS-EXAMINATION
BY MR. DUSEK:
Q: DID YOU SEE BRENDA VAN DAM DRINK AT ALL?
A: YES.
Q: WHAT DID YOU SEE HER DRINK?
A: I DON’T KNOW. BUT SHE WAS DRINKING. IT WAS IN A GLASS. I DON’T KNOW WHETHER IT WAS AN ALCOHOLIC BEVERAGE OR A DRINK. I REALLY DON’T KNOW.
Q: COULD IT HAVE BEEN WATER BASED UPON WHAT YOU SAW?
A: IT COULD HAVE.
Q: SO IT WAS A CLEAR DRINK?
A: I DON’T KNOW. I CAN’T REMEMBER WHAT COLOR IT WAS.
Q: ALL RIGHT.
AND YOUR RECOLLECTION IS THAT YOU DID NOT TELL THE OFFICER THAT SHE WAS DRINKING HEAVILY.
A: NO, I DID NOT.
Q: WHAT TYPE OF COCKTAILS DID YOU HAVE THERE?
A: I HAD A — MY FATHER CALLED THEM HIGHBALLS. BUT IT’S LIKE SEAGRAM AND 7-UP OR GINGER ALE.
Q: SEAGRAM’S IS WHAT TYPE OF LIQUOR?
A: I BELIEVE IT’S A WHISKEY.
Q: WHAT SIZE?
A: GLASS ABOUT THAT SIZE.
Q: THREE INCHES OR SO?
A: WELL, —
Q: IS THAT TWO TO THREE INCHES?
A: IT HAD GINGER ALE IN IT, TOO, SO IT WAS —
Q: IT WAS MIXED?
A: YEAH. IT WAS A MIXED DRINK.
Q: WHY WERE YOU DRINKING THOSE?
A: BECAUSE I WANTED TO HONOR MY FATHER. IT WAS HIS FAVORITE DRINK.
Q: AND YOU HAD TWO OF THOSE?
A: YES, I DID. IN FACT, I — EXCUSE ME.
Q: DID YOU HAVE ANYTHING ELSE TO DRINK?
A: NO.
Q: DID YOU FEEL ANY OF THE EFFECT OF THE WINE AND THE COCKTAILS?
A: THAT’S WHY I STOPPED HAVING ANY MORE COCKTAILS. AND BESIDES, IT WAS GETTING LATE, AND THEY WERE GOING TO DO LAST CALL, AND I DIDN’T FEEL LIKE DRINKING ANY MORE.
Q: ALL RIGHT.
YOU THINK NOW THAT YOU ARRIVED AT DAD’S AROUND 11:20 TO :25 OR SO?
A: IN THAT TIME, M-HM. IN THAT TIME FRAME.
Q: DO YOU RECALL BEING INTERVIEWED BY MARION PASAS WITH THE DEFENSE ON THIS CASE?
A: OVER THE PHONE.
Q: DO YOU RECALL WHAT YOU TOLD HER WHAT TIME YOU ARRIVED?
A: I TOLD HER I WASN’T SURE, THAT IT COULD HAVE BEEN 10:00 OR 10:30.
Q: SO YOUR MEMORY CLOSER TO THE EVENTS SAYS 10:00 OR 10:30 AND NOW THAT YOU HAVE CHECKED, IT’S SOMEWHERE AROUND 11:20 TO 11:30?
A: WELL, I’VE GOT IT WRITTEN RIGHT DOWN HERE. I TALKED WITH THE MANAGER AT THE BRIGANTINE IN POWAY, AND HE WAS SO KIND AS TO TAKE HIS TIME AND CHECK THROUGH THE VARIOUS TICKETS AND ALL THAT. AND THE CHECK OR THE CHIT OR WHATEVER YOU WANT TO CALL IT WAS SIGNED AT 11:08 P.M. WE LEFT VERY SHORTLY AFTER THAT. IT HAD TO HAVE BEEN ABOUT 11:10 OR 11:15.
Q: WHAT I’M AFTER, MA’AM, THOUGH, IS WHEN YOU ORIGINALLY TOLD MARION PASAS BACK ON APRIL 2ND, —
A: M-HM.
Q: — YOUR MEMORY OF THE EVENTS —
A: M-HM.
Q: — OBVIOUSLY THEY WERE WRONG ON THE TIME.
A: I GUESS THEY WERE BECAUSE THIS DOES NOT LIE.
Q: HOW DO YOU ACCOUNT FOR THE INACCURACIES?
A: I WASN’T PAYING ATTENTION TO THE TIME, SIR.
Q: ALL RIGHT.
WAS DAVID WESTERFIELD PRESENT WHEN YOU GOT TO DAD’S?
A: I BELIEVE SO. I BELIEVE I SAW HIM ON THE DANCE FLOOR WHEN WE FIRST GOT THERE. MY DAUGHTER AND I WENT TO THE LADIES’ ROOM, AND THEN WE CAME BACK AND GOT SOME DRINKS.
Q: NOW, YOU KNOW HIM BECAUSE YOU’VE SEEN HIM AT OTHER BARS AROUND TOWN.
A: NO. JUST ONE OTHER. O’HARLEY’S.
Q: HOW ABOUT THE OLD STONE LODGE?
A: I’VE NOT GONE THERE.
Q: YOU’VE NOT SEEN HIM AT THAT LOCATION?
A: I HAVE NOT GONE THERE.
Q: HOW MANY TIMES HAVE YOU SEEN HIM AT O’HARLEY’S?
A: A COUPLE OF TIMES PERHAPS.
Q: FRIDAY AND SATURDAY NIGHT TYPE THING?
A: M-HM.
Q: IS THAT A YES?
A: EXCUSE ME. YES.
Q: THAT’S WHEN YOU SHOW UP ALSO?
A: BECAUSE THEY HAVE A LIVE BAND ON FRIDAY.
Q: I’M GOING TO TAKE A WILD GUESS WATCHING THE WAY YOU CAME IN HERE TO COURT YOU DON’T DO A WHOLE LOT OF DANCING.
A: I LIKE TO LISTEN TO IT.
Q: WAS IT LOUD?
A: VERY LOUD.
Q: WHEN YOU SAY VERY LOUD, HOW LOUD ARE WE TALKING ABOUT?
A: WE’RE TALKING REAL LOUD.
Q: SO IT’S HARD TO TALK WHEN THE BAND’S PLAYING?
A: YOU CAN GO OUTSIDE AND TALK.
Q: AND YOU, IF YOU TRY TO TALK WHILE THE BAND IS PLAYING INSIDE, IT’S VIRTUALLY IMPOSSIBLE TO HEAR WHAT THE OTHER PEOPLE ARE SAYING.
A: YEAH. YOU CAN STRAIN, YOU KNOW.
Q: YOU GET PIECES OF A SENTENCE.
A: YEAH.
Q: AND THE CONVERSATION THAT YOU DESCRIBED BRENDA VAN DAM HAVING WITH YOUR DAUGHTER WAS A CONVERSATION THE TWO OF THEM WERE HAVING AND YOU WERE TRYING TO OVERHEAR OR DID OVERHEAR.
A: I WAS SITTING AT A TABLE THAT WAS A FEW FEET AWAY. I COULDN’T MISS WHAT SHE WAS SAYING. AND THAT WAS OUT IN THE SMOKING LOUNGE, NOT NEAR THE BAND. AND THIS WAS AT DAD’S, NOT O’HARLEY’S.
Q: ALL RIGHT.
DID IT APPEAR THAT BRENDA WAS KIND OF JOKING?
A: NO. NO.
Q: SHE WAS TALKING TO YOUR DAUGHTER, THOUGH, WASN’T SHE?
A: YEAH. UH-HUH. THERE WAS A DIFFERENCE.
Q: HAVE YOU HEARD YOUR DAUGHTER DESCRIBE IT AS A JOKING CONVERSATION?
A: WE HAVEN’T REALLY TALKED TOO MUCH ABOUT IT. BUT SHE’S JUST NOT INTO THAT.
Q: WHETHER SHE IS OR NOT, HAVE YOU HAD YOUR DAUGHTER DESCRIBE IT TO YOU AS A JOKING CONVERSATION?
A: NO. IT WAS NOT. IT WAS SERIOUS.
Q: WHAT TIME DID THE DEFENDANT LEAVE DAD’S?
A: I HAVE NO IDEA.
Q: WHY NOT?
A: BECAUSE I WASN’T NEAR THE DOOR THAT LEADS TO THE OUTSIDE.
Q: WERE YOU PAYING ATTENTION TO HIM?
A: NOT REALLY.
Q: JUST THE ONE TIME THAT YOU — TIME THAT HE WAS DANCING WITH BRENDA VAN DAM?
A: BASICALLY.
Q: YOU SAID SHE WAS PRESSING AGAINST HIM. CORRECT?
A: YES, I DID.
Q: HOW MANY TIMES DID YOU SEE HIM DANCE WITH BRENDA VAN DAM?
A: OH, A COUPLE TIMES. I MEAN THE MUSIC KEPT PLAYING. THERE WEREN’T REALLY PAUSES IN BETWEEN THE NUMBERS THAT THEY WERE PLAYING. SO EVERYBODY STAYED ON THE DANCE FLOOR AND KEPT DANCING.
Q: SO WHILE SHE WAS PRESSING AGAINST HIM HE WAS PRESSING AGAINST HER, RIGHT?
A: HE WAS KIND OF GIGGLING I THINK A LITTLE BIT. I DON’T KNOW IF HE WAS EMBARRASSED OR WHAT.
Q: HE CONTINUED TO DANCE WITH HER, DIDN’T HE?
A: WELL, YES, HE —
Q: HE HAD A SMILE ON HIS FACE.
A: WELL, SURE.
Q: LIKE MAYBE HE LIKED IT.
A: HEY, IF I WAS A GUY AND HAD A BEAUTIFUL WOMAN LIKE THAT, I WOULD SMILE, TOO.
Q: SO HE DID NOT APPEAR TO BE OFFENDED BY WHAT SHE WAS DOING.
A: HE SEEMED VERY AMIABLE.
Q: AND HE CONTINUED TO DANCE WITH HER.
A: YEAH. EXCUSE ME. YES.
Q: OVER AND OVER.
A: SEVERAL TIMES. AND THEN THAT WAS IT. AND THEN, WELL, I DON’T KNOW, ‘CAUSE I LEFT. I WAS GETTING, LIKE I SAID, I WAS GETTING BORED, AND I WENT BACK OUT INTO THE SMOKING LOUNGE.
Q: THE EVENTS THAT YOU JUST DESCRIBED WITH BRENDA VAN DAM AND THE DEFENDANT PRESSING AGAINST EACH OTHER, —
A: UH-UH.
Q: WAS HE BACKING AWAY FROM HER?
MR. FELDMAN: OBJECTION. COUNSEL IS ARGUING WITH THE WITNESS, YOUR HONOR.

THE COURT: OVERRULED.
BY MR. DUSEK:
Q: WAS HE BACKING AWAY FROM WHAT SHE WAS DOING?
A: HE — THIS IS JUST — I DON’T KNOW. THIS IS DIFFICULT TO ANSWER. HE WASN’T BACKING AWAY. BUT HE WASN’T PURSUING.
Q: DID HE STOP DANCING WITH HER?
A: I DIDN’T SEE HIM STOP.
Q: DID YOU SEE HIM DANCE WITH ANYBODY ELSE IN THERE?
A: NO. BECAUSE I WAS IN THERE BRIEFLY. I SPENT MOST OF MY TIME IN THE SMOKING LOUNGE.
Q: WHERE IS THE SMOKING LOUNGE?
A: IT’S — THE DOOR LEADS IN AND IT’S THE —
Q: WE HAVE EXHIBIT 31 BEHIND YOU. IS THE SMOKING LOUNGE VISIBLE ON ANY OF THOSE?
A: YES.
WHERE ARE THOSE THINGS? I COULD USE MY CANE. IT’S RIGHT HERE.
Q: YOU’RE INDICATING THE FRONT OF PHOTOGRAPH A.
A: M-HM. YES, SIR.
Q: WOULD THAT ALSO BE THE SAME LOCATION IN PHOTOGRAPH E?
A: YES. M-HM.
AND THEN THIS IS RIGHT NEAR THE ENTRANCE. BUT I DIDN’T SEE ANYBODY IN THERE.
MR. FELDMAN: YOUR HONOR, JUST FOR THE RECORD, I THINK THE WITNESS WAS POINTING TO THE RIGHT SIDE OF IT APPEARS TO BE 31-D.
THE COURT: APPEARS SO.
BY MR. DUSEK:
Q: HAVE YOU BEEN WATCHING THIS ON T.V., MA’AM?
A: NO. I DID FOR THE FIRST WEEK, BUT IT WAS REALLY FUUUFFFF. BORING.
Q: HOW LONG DID YOU WATCH BEFORE YOU DETERMINED IT WAS BORING?
A: ABOUT A WEEK.
Q: TOOK YOU A WEEK TO DETERMINE IT WAS BORING?
A: NO. I WAS WATCHING IT OFF AND ON. I WASN’T GLUED TO THE SET.
Q: YOU WERE WATCHING THE PEOPLE DESCRIBING THE ACTIVITIES IN DAD’S.
A: NO. I DIDN’T GET TO THAT POINT.
Q: IN THE FIRST WEEK WHO DID YOU SEE TESTIFY?
A: A LOT OF PROFESSIONALS.
Q: WHAT DO YOU MEAN BY THAT?
A: PEOPLE THAT ARE CONSIDERED PROFESSIONALS IN THEIR LINE OF WORK.
Q: LAW ENFORCEMENT PEOPLE?
A: OH, GOSH. DON’T — I DON’T KNOW.
Q: DID YOU SEE BRENDA VAN DAM TESTIFY?
A: YES, I DID.
Q: DID YOU CONSIDER HER A PROFESSIONAL?
A: NO, I WOULDN’T.
Q: DID YOU HEAR DAMON VAN DAM TESTIFY?
A: NO.
Q: DID YOU HEAR ANY OF THEIR FRIENDS FROM DAD’S TESTIFY?
A: NO.
Q: WHAT TIME DID YOU LEAVE?
A: 2:00 A.M.
Q: DID YOU SEE ANY OF THE T.V. INTERVIEWS WHERE THE DEFENDANT SAID HE LEFT DAD’S AT 10:00 TO 10:30 THAT NIGHT?
A: NO.
Q: WHAT TIME DID YOU GET THERE?
MR. FELDMAN: ASKED AND ANSWERED.
THE COURT: OVERRULED.
BY MR. DUSEK:
Q: YOU GOT TO DAD’S AT 11:30, DIDN’T YOU, AROUND 11:30?
A: BETWEEN 11:20, 11:30. M-HM.
Q: AND IF YOU GOT THERE THEN —
A: M-HM.
Q: — AND THE DEFENDANT IS ACCURATE WHEN HE SAID HE LEFT BETWEEN 10:00 AND 10:30, THERE WOULD BE NO OVERLAP, WOULD THERE?
MR. BOYCE: OBJECTION. ARGUMENTATIVE.
THE COURT: SUSTAINED.
YOU NEED NOT ANSWER, MA’AM.
BY MR. DUSEK:
Q: DO YOU KNOW GLENNIE NASLAND?
A: NOT SO — NOT REALLY, NO. I’VE SEEN HER SOCIALLY. THAT’S A —
Q: DOES THAT MEAN AT THE BARS?
A: YES.
Q: WHICH BARS?
A: O’HARLEY’S. DAD’S.
Q: SO SHE IS ONE OF THE REGULARS?
A: I DON’T KNOW.
Q: SHE’S THERE WHEN YOU’RE THERE?
A: WELL, I DON’T GO THAT OFTEN. SO I DON’T KNOW SHE’S A REGULAR OR NOT.
Q: HOW MANY TIMES HAVE YOU BEEN TO DAD’S?
A: ALL —
Q: THIS YEAR.
A: — TOTAL? THIS YEAR? TWICE MAYBE.
Q: WHEN WAS THE OTHER TIME?
A: PROBABLY IN JANUARY.
Q: DO YOU RECALL WHAT YOU WERE WEARING THAT NIGHT?
A: WHAT WAS I WEARING? YES. I WAS WEARING A PAIR OF BLACK PANTS AND A BLACK TOP WITH JET BEADS ON THE CUFF AND ACROSS THIS PART AND WITH A COLLAR.
THE COURT: COUNSEL, WE ARE GOING TO HAVE TO TAKE A BREAK TO CHANGE REPORTERS. SO WE ARE GOING TO GO AHEAD AND TAKE THE MORNING BREAK, LADIES AND GENTLEMEN.
PLEASE REMEMBER THE ADMONITION OF THE COURT NOT TO DISCUSS ANY OF THE EVIDENCE OR TESTIMONY AMONG YOURSELVES OR WITH ANY OTHER PERSONS, NOR FORM OR EXPRESS ANY OPINIONS ON THE MATTER UNTIL IT IS SUBMITTED TO YOU.
LET’S SHOOT FOR 11:00 O’CLOCK. I REALIZE IT’S A LITTLE BIT SHORT. WE GOT A LITTLE LATE START. SO SEE YOU 11:00 O’CLOCK, FOLKS.
(RECESS, 10:47 O’CLOCK, A.M., TO 11:00 O’CLOCK, A.M.)

08072 - July 8th 2002 - Transcript of David Westerfield Trial Day 17 - morning 2
03074 - July 3rd 2002 - Transcript of David Westerfield Trial Day 16 - afternoon 2