03072 – July 3rd 2002 – Transcript of David Westerfield Trial Day 16 – morning 2

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


WITNESS:
Marcus Lawson (President of Global Compusearch, testified about what was on Westerfield’s computer drives, zip, cds – Examination continued and cross-examination)


1 THE COURT: OKAY, LADIES AND GENTLEMEN.

2 OKAY, MR. FELDMAN.

3 MR. FELDMAN: THANK YOU, YOUR HONOR.

4 Q.: SIR, I’D LIKE TO DIRECT YOUR ATTENTION NOW TO

5 SCREEN PRINT 75 AND 76.

6 CAN YOU TELL ME WHAT DID YOU INTEND THAT SCREEN

7 PRINT 75 AND 76 TO DEPICT? WHAT DO THEY DEPICT?

8 A.: SCREEN PRINT 75 IS AGAIN THE SCREEN CAPTURE OF THE

9 ENCASE VIEW OF THIS COMPUTER AND IT’S HIGHLIGHTED IN HTML FOR

10 HOT MAIL.

11 Q.: AND THE DATE OF THE HOT MAIL IS?

12 A.: 1/7/02.

13 Q.: WHOSE HOT MAIL?

14 A.: THAT’S ON SCREEN PRINT 76 IS THE ACCESSING, THAT

15 PAGE ITSELF IT’S A HOT MAIL — IT’S THE HOT MAIL IN BOX ACTUALLY

16 FOR D. N. WEST AT HOT MAIL DOT COM.

17 Q.: ALL RIGHT.

18 SCREEN PRINT 77 AND 78, SIR, WHAT DO THEY SHOW?

19 A.: SCREEN PRINTS BOTH 77 AND 78 ARE INDIVIDUAL IMAGE

20 FILES SHOWING THE LAST WRITTEN IN FILE CREATED DATES OF 1/7/02

21 AT 10:14:54 P.M. THEY ARE IMAGES OF — I WOULDN’T CONSIDER THEM

22 PORNOGRAPHY — NAKED WOMEN.

23 Q.: SIR, THEY’RE CALLED J PEGS AS OPPOSED TO HTML

24 FILES. IS THAT OF ANY PARTICULAR CONSEQUENCE TO YOU?

25 A.: WELL, AS WE DISCUSSED BEFORE, THE IMAGE FILES ON A

26 GIVEN WEB PAGE ARE SEPARATE FILES FROM THE HTML FILE, WHICH IS

27 THE PAGE ITSELF, AND ARE OFTEN RECOVERED SEPARATELY. SO WHEN

28 ONE SEES THE HTML PAGE OR AN N. H. M. L. PAGE, THOSE ARE

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1 ACCESSED AT THE SAME TIME, THEN THOSE ARE GOING TO BE THE IMAGES

2 THAT LIKELY CAME FROM THAT PAGE.

3 Q.: IN OTHER WORDS STILLS, IS THAT A FAIR WAY TO

4 DESCRIBE THEM?

5 A.: YES.

6 Q.: ALL RIGHT.

7 DIRECTING YOUR ATTENTION TO SCREEN PRINT 79 AND 80,

8 WHAT DO SCREEN PRINTS 79 AND 80 SHOW, SIR?

9 A.: SCREEN PRINT 79 IS A — IT’S A HTML PAGE, A WEB

10 PAGE, THAT WAS ACCESSED ON THIS COMPUTER ON 1/7/02 AT 10:15

11 P.M., SCREEN PRINT 80 IS THE PAGE ITSELF DISCUSSING FREE HARD

12 CORE ACTION.

13 Q.: WAIT A MINUTE.

14 SCREEN PRINT 80 HAS MORE THAN JUST HARD CORE ACTION

15 ON IT, DOESN’T IT?

16 MR. CLARKE: I THINK COUNSEL’S ARGUING WITH THE WITNESS,

17 YOUR HONOR.

18 THE COURT: JUST ASK HIM A QUESTION.

19

20 BY MR. FELDMAN:

21 Q.: WHAT ELSE DOES SCREEN PRINT 80 DEPICT?

22 A.: A NUMBER OF WHAT APPEAR TO BE LINKS TO SPECIFIC

23 PORNOGRAPHIC INTERESTS, SUCH AS “GIRLS WITH ANIMALS,” “SQUIRTING

24 EJACULATIONS,” “DRINK MY PISS.” THERE’S NINE OF THEM.

25 Q.: WHAT YOU’RE TELLING US IS THE INTERNET HAS A

26 VARIETY OF THINGS THAT NOT ALL OF US MIGHT BE INTERESTED IN?

27 A.: THAT’S VERY TRUE, YES.

28 Q.: BUT THAT ARE EASILY ACCESSIBLE?

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1 A.: THAT’S CORRECT.

1 Q.: AND THE WAY — AND I’M SORRY, WHEN YOU’RE TELLING

1 ME THAT 79 WAS THE PAGE THAT YOU COULD UTILIZE TO GET TO 80 —

4 A.: NO. WHAT I MEANT TO SAY, IF I MISSPOKE —

5 Q.: PLEASE. NO.

6 A.: — IS THAT 79 IS — WHAT SCREEN PRINT 79 IS IS

7 WHERE — I’M SHOWING THAT THIS PARTICULAR PAGE WAS FOUND AND IS

8 PLACED IN THE COMPUTER ON 1/7/02 AT 10:15 P.M., WHICH IS AT THE

9 SAME TIME THAT BACK HERE ON SCREEN PRINT 76, THAT D. N. WEST HOT

BR>
10 MAIL WAS ACCESSED. AND THEN SCREEN PRINT 80 IS ACTUALLY THE

11 PAGE ITSELF, WHICH IS OFTEN THE CASE IN THIS BOOK. I’M SHOWING

12 WITH THE FIRST SCREEN PRINT WHERE IT WAS IN THE COMPUTER, AND

13 THEN THE SECOND SCREEN PRINT IS THE PAGE ITSELF.

14 Q.: SIR, DIRECTING YOUR ATTENTION TO SCREEN PRINT 81,

15 WHAT DOES SCREEN PRINT 81 SHOW?

16 A.: SCREEN PRINT 81 IS ANOTHER GIF MESSAGE HTML FILE

17 FOR HOT MAIL ON 1/7/02 AT 10:16P.M.

18 Q.: WHOSE HOT MAIL?

19 A.: THAT IS — ON SCREEN PRINT 82 IT IS THE HOT MAIL

20 FOR D. N. WEST AT HOT MAIL DOT COM.

21 Q.: AND WHAT IS 82 SHOWING?

22 A.: IT’S A — IT’S A MAIL THAT WAS RECEIVED FROM D. N.

23 WEST. IT’S FROM DANIEL, D-A-N-I-E-L —

24 Q.: BE CAREFUL. I’M SORRY, I DON’T KNOW THE AGE OF THE

25 SOURCE AND I THINK YOU SHOULD USE JUST PLEASE THE LAST

26 INITIAL — THE FIRST INITIAL OF THE LAST NAME ON THAT ONE SO IT

27 DOESN’T GO OUT ON NATIONAL.

28 A.: OH, IT’S OKAY. I UNDERSTAND. IT’S — I DON’T MEAN

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1 TO INSINUATE THAT THIS IS LIKE A PERSON’S NAME.

1 Q.: OKAY.

1 A.: IT’S A NUMBER. AND IT’S VERY LIKELY IS WHAT’S

4 REFERRED TO AS SPAM E-MAIL. IT’S PORNOGRAPHIC SPAM E-MAIL THAT

5 WAS RECEIVED IN THE HOT MAIL ACCOUNT THAT DANIEL DOESN’T MEAN

6 ANYTHING IN PARTICULAR.

7 Q.: OKAY. WE’RE A LITTLE SENSITIVE AROUND HERE ON

8 THAT.

9 A.: I UNDERSTAND.

10 Q.: I’M SORRY, YOU USED ANOTHER WORD, THOUGH, “SPAM.”

11 WHAT’S THAT, OTHER THAN FOOD?

12 A.: SPAM IS THE — ALL THE UNWANTED MAIL THAT PEOPLE

13 GET IN THEIR INBOXES. AND THAT CAN HAPPEN WITH HOT MAIL, THAT

14 CAN HAPPEN WITH YOUR OWN PRIVATE E-MAIL PROVIDER, WITH THE

15 INTERNET PROVIDER. IT’S BASICALLY UNSOLICITED MAIL THAT PEOPLE

16 GET.

17 Q.: SO EVEN IF YOU HAVE AOL, FOR INSTANCE, YOU GET

18 SPAM?

19 A.: YES.

20 Q.: I’M SORRY, I DIDN’T MEAN TO INTERRUPT YOU.

21 DIRECTING YOUR ATTENTION TO SCREEN PRINTS 83

22 THROUGH 86, WHAT DO THOSE SCREEN PRINTS DEPICT?

23 A.: OKAY. WHAT I WAS ATTEMPTING TO SHOW WITH THE

24 SCREEN PRINTS IS THAT WE SEE THE GET MESSAGE WHICH APPEARS TO BE

25 THIS PIECE OF SPAM PORNOGRAPHIC E-MAIL.

26 AT THE BOTTOM OF SCREEN PRINT 82 IT TALKS ABOUT —

27 I HATE TO DO THIS IN COURT, BUT IT TALKS ABOUT YOUNG GIRLS

28 FUCKING AT SCHOOL. THEN SCREEN PRINT 83 —

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1 Q.: JUST A MINUTE, I’M SORRY. IN COURT OR NOT, I WANT

1 TO STOP YOU THERE. JUST BECAUSE THERE’S AN ADVERTISEMENT THAT

1 YOUNG GIRLS ARE DOING SOMETHING SOMEPLACE, DOES THAT MAKE IT

4 TRUE?

5 MR. CLARKE: OBJECTION, LACK OF FOUNDATION.

6 THE COURT: OVERRULED.

7 YOU CAN ANSWER.

8 THE WITNESS: NO.

9

10 BY MR. FELDMAN:

11 Q.: IS THERE SOME — JUST BASED ON YOUR EXPERIENCE IN

12 THE INTERNET, AND BASED ON YOUR PROFESSIONAL EXPERIENCE, IF A

13 SITE CLAIMS TO HAVE TEENAGERS, SAY, DOES THAT MEAN THAT THERE’S

14 REALLY TEENAGERS THERE?

15 A.: MORE TIMES THAN NOT — THEY MAY BE TEENAGERS BUT

16 THEY’RE 18, 19, THEY’RE OF LEGAL AGE. AND MOST AMERICAN, AND BY

17 “AMERICAN” I MEAN DOT COM PORNOGRAPHIC WEB SITES THAT OFFER TEEN

18 PICTURES WILL HAVE THAT DISCLAIMER ON THE FRONT OF THEIR PAGE

19 SAYING THAT ALL ACTORS ON THE PAGE ARE 18 OR OVER AND THEIR

20 IDENTIFICATION IS ON FILE IN ACCORDANCE WITH FEDERAL LAW.

21 Q.: SO SOMETHING — FOR INSTANCE, IF THERE’S A SITE

22 CALLED “LOLITA DOT COM,” DOES THAT NECESSARILY MEAN THAT THAT

23 PARTICULAR WEB SITE WOULD CONTAIN UNDERAGE CHILDREN?

24 A.: ACTUALLY, I KNOW SPECIFICALLY THAT LOLITA DOT COM

25 IS AN — IT’S A SITE FOR ADULT PORNOGRAPHY LINKS. IF YOU GO TO

26 LOLITA DOT COM, IN FACT, I BELIEVE IT HAS A BANNER SAYING IF

27 YOU’RE HERE TO FIND CHILD PORNOGRAPHY YOU’RE LOOKING IN THE

28 WRONG PLACE, AND IT HAS LINKS TO OTHER ADULT SITES.

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1 Q.: SO DOES THAT MEAN THAT IF WE SAW A PICTURE THAT

2 SAID LOLITA DOT COM AT THE BOTTOM, THAT WOULD NOT NECESSARILY

3 INFER AGE?

4 A.: NO.

5 Q.: WHEN YOU SAY NO, YOU AGREE?

6 A.: I AGREE WITH YOU. IT WOULD NOT NECESSARILY.

7 Q.: I’M SORRY, I KNOW THAT I INTERRUPTED YOU. YOU WERE

8 TELLING US ABOUT 82 I THINK AND MOVING TO 83 — OR ACTUALLY 83

9 TO 86?

10 A.: RIGHT. WE HAD SAID THAT 82 WAS WHAT APPEARED TO BE

11 APPARENTLY A PIECE OF PORNOGRAPHIC SPAM, E-MAIL, THAT WAS

12 RECEIVED BY D. N. WEST. AND THEN 83, 84, 85 86, AND IT’S

13 STOPPING AT 86, ARE — WHAT IT WOULD APPEAR IS THAT THE

14 PERSON — THAT D. N. WEST CLICKED ON THE SCHOOL GIRLS LINK AND

15 THEN WAS ACCESSED AND THEN ACCESSED THIS PARTICULAR PAGE, WHICH

16 IS THE SCHOOL GIRLS/UNDERSCORE INDEX HTML WEB PAGE, WHICH TALKS

17 ABOUT TEENAGERS FUCKING AT SCHOOL.

18 Q.: THAT WOULD BE 84, IS THAT RIGHT?

19 A.: CORRECT.

20 Q.: WITH REGARD TO 84, IT APPEARS AS THOUGH THERE’S

21 SOME — FIRST OF ALL, IT DOESN’T LOOK LIKE THE WRITER, THE

22 AUTHOR OF THE PAGE IS A VERY GOOD SPELLER. ISN’T THE WORD

23 “SCHOOL” MISSPELLED?

24 A.: I HADN’T NOTICED THAT, YES.

25 Q.: AND THERE IS A DISCLAIMER ON THIS PARTICULAR SCREEN

26 PRINT 84 THAT SAYS ABSOLUTELY NO MINORS BEYOND THIS POINT, IS

27 THAT RIGHT?

28 A.: THAT’S CORRECT.

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1 Q.: SO THIS — IS THE SITE TRYING TO PROTECT ITSELF?

2 WHY IS THIS HERE?

3 A.: I’M NOT SEEING THE — SOME OF THE LANGUAGE THAT I

4 SEE ON SOME OF THESE PAGES SAYS THAT THE IDENTIFICATIONS ARE ON

5 FILE IN ACCORDANCE WITH FEDERAL LAW. AND I ASSUME THAT THE WEB

6 PROGRAMERS PUT THAT ON THERE TO PROTECT THEMSELVES FROM GETTING

7 IN TROUBLE WITH FEDERAL LAW ENFORCEMENT.

8 Q.: ALL RIGHT.

9 85 AND 86, SIR, DID I GIVE YOU A CHANCE TO

10 COMPLETE?

11 A.: 85 AND 86 WERE PARTICULAR IMAGES THAT WERE ON THAT

12 PAGE. AGAIN, THEY WERE ACCESSED AT 10:16DOT 48 — OR EXCUSE ME

13 10:16:48 P.M., AT THE SAME TIME THAT THE PAGE ITSELF WAS

14 ACCESSED, AND THERE ARE INDIVIDUAL PICTURES THAT WOULD HAVE

15 LIKELY HAVE BEEN ON THAT PAGE.

16 Q.: SCREEN PRINTS — AT APPROXIMATELY 10:17 P.M. DID

17 YOU NOTE SOME ACTIVITY, SCREEN PRINT 87?

18 A.: YES, SIR. IT’S SHOWING A — WHAT I’VE HIGHLIGHTED

19 AGAIN IS THE SCREEN PRINT OF THE ENCASE VIEW SHOWING THE — AND

20 IT’S HIGHLIGHTING AN HTML FILE CALLED “ANIMAL SEX UNDERSCORED

21 DOT INDEX” AND THAT IS AT >1/7/02 AT 10:17:22, AND THEN SCREEN

22 PRINT 88 IS THE PAGE ITSELF TALKING ABOUT BIZARRE ANIMAL SEX.

23 Q.: 88 THROUGH 95, WHAT DO THEY DEPICT?

24 A.: 88 WAS THE ONE WE JUST DISCUSSED, THE ANIMAL SEX

25 WEB PAGE.

26 89 IS, AGAIN, AN INDEX DOT HTML FILE RELATED TO —

27 I BELIEVE TO THE D. N. WEST HOT MAIL WHICH — NO, IT’S NOT, I’M

28 SORRY. IT’S INDEX DOT HTML. THE TIME IS AGAIN 10:17:34, AND ON

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1 THE FOLLOWING PAGE IS THE FILE ITSELF.

2 Q.: SORRY, NUMBER?

3 A.: I’M SORRY, PAGE 90 —

4 Q.: ALL RIGHT.

5 A.: — IS THE ACTUAL HTML FILE ITSELF.

6 Q.: IT SAYS “GIRLS WITH ANIMALS LIKE NEVER SEEN

7 BEFORE”?

8 A.: YES.

9 Q.: OKAY. 91?

10 A.: IS AN IMAGE. THE TIME AGAIN IS 10:17:36, SO IT’S

11 GOING TO BE ACCESSED AT THE SAME TIME THE PAGE IS ACCESSED.

12 AND, AS WE DISCUSSED, THE PAGE IS A SEPARATE FILE FROM THE

13 IMAGES, SO THESE ARE GOING TO BE IMAGES THAT WERE ON THE PAGE.

14 Q.: AND THE IMAGES, THEY’RE JUST IN NUMBERS OR, FOR

15 INSTANCE, THEY SAY DEMO OR JUNGLE OR ET CETERA, IS THAT RIGHT?

16 A.: NUMBER SCREEN PRINT 92 SAYS DEMO DOT J PEG. I

17 TRIED TO INCLUDE FAIRLY INNOCUOUS IMAGES.

18 Q.: VOCABULARY?

19 ALL RIGHT. 93, SIR?

20 A.: 93 IS AGAIN ON 1/7/02. IT’S AN HTML FILE FROM THE

21 COMPUTER SHOWING ACCESS AT 10:17:46 AND IT’S HARD CORE BEAST

22 ACTION; DONKEYS, SNAKES, HORSES, DOGS.

23 Q.: I’M SORRY, WHICH PRINT ARE YOU ON?

24 A.: I’M SORRY, 94.

25 Q.: ALL RIGHT.

26 95?

27 A.: IS A J PEG, AN IMAGE FILE FROM THE PAGE. IT’S

28 ACCESSED AT THE SAME TIME, 10:17:46, AND IT’S A WOMAN AND A

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1 HORSE BUT IT’S AN INNOCUOUS PICTURE.

2 Q.: WHY IS IT INNOCUOUS?

3 A.: IT’S JUST — IT’S THE POLICY OF MY OFFICE WHEN WE

4 MAKE THESE SCREEN PRINTS TO NOT REPRODUCE HARD CORE PORNOGRAPHY

5 UNLESS IT’S NECESSARY, UNLESS IT’S VERY, VERY IMPORTANT TO MAKE

6 A POINT. WE JUST WOULD PREFER TO — IF WE HAVE TO MAKE A

7 DEMONSTRATION WITH THE TYPE OF PICTURE, I WOULD PREFER TO USE

8 SOMETHING THAT’S MORE INNOCUOUS OR SCREEN PRINT THE REPORT

9 ITSELF.

10 Q.: WHY ARE YOU DESCRIBING IT AS IT BEING INNOCUOUS?

11 A.: THERE’S NO SEXUAL ACTS. IT’S JUST A NAKED WOMAN

12 AND A HORSE.

13 Q.: ALL RIGHT. BEFORE WE MOVE ON, I JUST WANT TO ASK

14 YOU A QUESTION.

15 SOME OF THE ACCESS TIMES YOU’RE INDICATING ARE VERY

16 CLOSE IN TIME TO EACH OTHER.

17 DO YOU UNDERSTAND WHAT I’M SAYING?

18 A.: I THINK SO.

19 Q.: IS THERE A DIFFERENCE BETWEEN, SAY, A CABLE MODEM

20 AND A STANDARD MODEM?

21 A.: YES.

22 Q.: WHAT’S THAT DIFFERENCE?

23 A.: WHEN MOST PEOPLE REFER TO STANDARD MODEMS THEY’RE

24 TALKING ABOUT THEIR DIAL-UP MODEM, WHICH IS MOST COMMON. IT’S

25 WHAT MOST PEOPLE IN THE UNITED STATES HAVE, AND IT’S WHERE A

26 PERSON USES THEIR TELEPHONE LINE TO DIAL INTO THE INTERNET

27 THROUGH AN INTERNET PROVIDER.

28 Q.: SO IF I HAD A PICTURE THAT WAS JUST ONE OF THESE J

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1 PEGS THAT WE’VE SEEN THAT WAS EIGHT BY ELEVEN, SAY, AND I USED

2 THE DIAL-UP, DO YOU HAVE ANY OPINION HOW LONG IT MIGHT TAKE ME

3 TO DOWNLOAD IT?

4 A.: IT REALLY DEPENDS ON THE SPEED OF YOUR DIAL-UP. I

5 WAS ON THE INTERNET LAST NIGHT TALKING TO MY WIFE, AND THE SPEED

6 IN THE HOTEL ROOM WAS 14.6 KILOBYTES PER SECOND, WHICH IS VERY,

7 VERY SLOW. IN MY OFFICE WE HAVE A DIAL-UP MODEM STILL AND IT

8 RUNS AT 56, 56 KILOBYTES PER SECOND.

9 Q.: HOW ABOUT CABLE MODEMS?

10 A.: THEY’RE CONSIDERABLY FASTER. OFF THE TOP OF MY

11 HEAD I CAN’T GIVE YOU THE EXACT NUMBER OF KILOBYTES PER SECOND

12 BUT IT’S GOING TO BE THREE OR FOUR TIMES THE SPEED OF A DIAL-UP

13 MODEM.

14 Q.: OR IF SOMEBODY HAS — ARE YOU FAMILIAR WITH THE

15 SPEED OF, SAY, ROAD RUNNER?

16 A.: I KNOW ROAD RUNNER TO BE A CABLE SERVICE BUT I —

17 IN THOSE SERVICE BOTH DSL AND CABLE ARE CONSIDERABLY FASTER THAN

18 DIAL-UP MODEMS.

19 Q.: SO IF IT TOOK FIVE MINUTES TO DIAL UP ON A 14.4, IT

20 MIGHT TAKE FIVE SECONDS BY CABLE?

21 A.: EXACTLY, WHICH IS WHY PEOPLE SPEND MORE MONEY TO

22 BUY CABLE MODEMS.

23 Q.: ALL RIGHT.

24 NOW, SIR, DIRECTING YOUR ATTENTION TO SCREEN PRINTS

25 96 THROUGH 99, THESE ARE IMAGES THAT YOU OBSERVED AS ACCESSED

26 1/7/02 AT APPROXIMATELY THE SAME TIMEFRAME AS THE OTHERS.

27 COULD YOU TELL ME WHAT DID YOU INTEND TO

28 COMMUNICATE BY THESE PHOTOS, PLEASE?

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1 A.: PHOTOS THAT WERE ON THE PAGE THAT WE SCREEN PRINTED

2 EARLIER. JUST SAMPLES OF IMAGES THAT WERE FOUND.

3 Q.: IN REGARD TO THE JANUARY 7TH ACTIVITY THAT YOU

4 DOCUMENTED, WHAT IS THE SIGNIFICANCE OF THIS?

5 A.: WHAT I WANTED TO SHOW WITH THE SCREEN PRINTS WAS

6 THAT D. N. WEST HAD CHECKED HIS E-MAIL AT THE SPECIFIC TIME, AND

7 THEN RELATED TO THAT SPECIFIC TIME WHERE IT WAS — THE ACCESS TO

8 THESE OTHER PORNOGRAPHIC WEB SITES AND THE IMAGES THAT ARE

9 INCLUDED ARE TO DEMONSTRATE THE TYPES OF IMAGES THAT WERE ON THE

10 SITES THAT WERE ACCESSED.

11 Q.: ALL RIGHT, SIR.

12 DIRECTING YOUR ATTENTION TO SCREEN PRINTS 100 AND

13 101, WHAT ARE THESE SCREEN PRINTS OF? AND IF YOU CAN SEQUENCE

14 IT, WE CAN GO FROM 100 THROUGH 103 OR -4, DEPENDING ON YOUR — I

15 MEAN, AS LONG AS YOU CAN ARTICULATE IT WHERE I’M ASKING YOU A

16 QUESTION AND ALLOW YOU TO FLOW WITH IT.

17 A.: IT’S ACTUALLY 100 THROUGH 103, 104 — THROUGH 104.

18 Q.: YES, SIR?

19 A.: AGAIN, IT’S A SCREEN PRINT OF THE ENCASE VIEW OF

20 THE COMPUTER, AND IT’S SHOWING THAT ON >9/20 THE YEAR 2000, AT

21 6:57:30, SCREEN PRINT 101 SHOWS THAT D. N. WEST CHECKED HIS HOT

22 MAIL AT HOT MAIL DOT COM, RECEIVED A MESSAGE, WHICH IS THIS HTML

23 FILE HERE. THE MESSAGE STATES — AND THIS IS THE MESSAGE

24 SCREEN. PRINT 103 IS THE MESSAGE. IT STATES “CONGRATULATIONS

25 FOR JOINING FREE DRIVE, A FUN PLACE TO BE.” IT SHOWS A USER

26 NAME OF D. N. WEST 1 AND A PASSWORD OF 5203. IT SAYS THE USER

27 NAME AND PASSWORD ARE CASE SENSITIVE.

28 AND FREE DRIVE IS A WEB BASED STORAGE MEDIUM FOR

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1 FILES. IF A PERSON WISHES TO STORE FILES OTHER THAN IN THEIR

2 COMPUTER THEY CAN BE STORED — PEOPLE WILL RENT SPACE ON THE

3 INTERNET THAT WILL ALLOW YOU TO STORE FILES ON THEIR HARD DRIVE

4 INSTEAD OF YOUR OWN. THAT’S WHAT FREE DRIVE IS.

5 AND THEN SCREEN PRINT 104 WOULD APPEAR TO BE THE

6 BEGINNING OF THE UPLOAD OF FILES TO THIS FREE DRIVE DOT COM WEB

7 SITE.

8 Q.: NOW, SIR — I’M SORRY, DID I GIVE YOU A CHANCE TO

9 FINISH?

10 A.: YEAH.

11 Q.: I’D NOW LIKE TO DIRECT YOUR ATTENTION TO SCREEN

12 PRINTS 105 TO 108. MY FIRST QUESTION WITH REGARD TO THE

13 ACTIVITY IS WHAT WAS THE DATE OF THE DOWNLOAD THAT YOU’RE

14 TRACKING?

15 MR. CLARKE: OBJECTION, ASSUMES FACTS NOT IN EVIDENCE.

16 THE COURT: YOU CAN GIVE US THE DATE AND TIME DISCLOSED,

17 SIR.

18 THE WITNESS: OKAY. AGAIN, IT’S, AS WE’VE BEEN SEEING

19 WITH THE HOT MAIL HTML FILES, THIS IS ON FEBRUARY 4TH, 2002, AT

20 4:50:34 SECONDS IN THE AFTERNOON. IT’S AN ACCESS TO HOT MAIL.

21 SCREEN PRINT 106 IS THAT PARTICULAR FILE ITSELF,

22 AND IT IS D. N. WEST AT HOT MAIL DOT COM’S HOT MAIL ACCOUNT, HIS

23 INBOX. IT SHOWS JOIN FOR FREE DOT COM. A MESSAGE HAD COME INTO

24 THE INBOX FROM JOIN FOR FREE DOT COM, PASSWORDS AT MP3 DOT COM

25 AND DAVID WESTERFIELD.

26 SCREEN PRINT 107 IS AGAIN FEBRUARY 4TH, 1/4/02,



4:45:48 P.M. IN THE AFTERNOON. AND IT IS A — AGAIN, IT’S INDEX

28 DOT HTML. AND WHAT THIS INDEX DOT HTML FILE IS IS THE E-MAIL

.




Q.: WHAT TIME WAS THAT?

10 A.: THIS IS AT 1/4/02, FEBRUARY 4TH, ’02 AT 4:45 P.M.

11 Q.: ALL RIGHT.

12 DIRECTING YOUR ATTENTION TO SCREEN PRINTS 109

13 THROUGH 111, WHAT ARE YOU — WHAT DO THEY SHOW?

14 A.: SCREEN PRINT 109 IS THE — IT’S A RECOVERED E-MAIL

15 FROM THE D. N. WEST HOT MAIL ACCOUNT, AND IT SHOWS A — IT’S

16 FROM JOIN FOR FREE DOT COM AS OPPOSED TO PINK FOR FREE DOT COM,

17 WHICH WAS IN THE EARLIER SCREEN PRINTS. IT’S TO D. N. WEST AT

18 HOT MAIL DOT COM. AND DOWN AT THE BOTTOM IT SAYS THANK YOU FOR

19 JOINING — OR “THANK YOU FOR SIGNING UP TO JOIN FOR FREE DOT

20 COM. CLICK HERE TO ACTIVATE YOUR PASSWORD.”

21 THEN SCREEN PRINT 111 IS A BANNER FROM THAT PAGE.

22 AS WE TALKED ABOUT, BANNERS ARE SEPARATE FROM THE PAGE ITSELF.

23 Q.: I’M SORRY. WHAT IS JOIN FOR FREE DOT COM?

24 A.: JOIN FOR FREE IS GOING TO BE ANOTHER ADULT

25 PORNOGRAPHIC SITE THAT BASICALLY OFFERS LINKS TO OTHER ADULT

26 PORN SITES.

27 Q.: DIRECTING YOUR ATTENTION TO 112 AND 113, WHAT DO

28 112 AND 113 SHOW?

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1 A.: 112 IS AN HTML FILE. AGAIN, A SCREEN PRINT OF THE

2 ENCASE VIEW OF THIS COMPUTER. ANOTHER SHOWING DAILY UNDER SCORE

3 TUNE, HTML, THE DATE IS — THE DATE OF LAST ACCESS IS 1/4/02,

4 THE FILE DATE CREATED IS 1/4/02 AT 4:48 P.M.

5 THEN THE FOLLOWING SCREEN PRINT 113 IS GOING TO BE

6 THE PAGE ITSELF. AND IT’S THE — IT’S THE SAME PAGE THAT WE SAW

7 EARLIER HOT HENTAI CARTOONS.

8 Q.: AND SCREEN PRINTS 114 THROUGH 126, AGAIN, WHAT DO

9 THEY SHOW?

10 I’M SORRY, DID YOU MENTION ANIME’ WITH REGARD TO

11 THE LAST SERIES?

12 A.: HENTAI, WHICH IS A VERSION OF — IT’S A TYPE OF

13 ANIME’. IN MY EXPERIENCE, HENTAI SPECIFICALLY REFERS TO

14 PORNOGRAPHIC ANIME’.

15 SCREEN PRINT 114 IS ACCESSING THE HOT MAIL PAGE

16 AGAIN. THE DATE IS 1/4/02, >4:47 P.M. IN THE AFTERNOON.

17 THE FOLLOWING SCREEN PRINT 115 IS TO SHOW WHAT THE

18 PAGE WAS THAT WAS ACCESSED. IT’S THE HOT MAIL ACCOUNT FOR D. N.

19 WEST AT HOT MAIL DOT COM.

20 SCREEN PRINT 116 IS A PARTICULAR MESSAGE THAT D. N.

21 WEST CLICKED ON TO RECEIVE.

22 SCREEN PRINT 117 IS THE MESSAGE ITSELF. IT’S FROM

23 EDITOR AT NEWSLETTER DOT PINK FOR FREEDOM DOT COM, AND IT’S TO

24 D. N. WEST AT HOT MAIL DOT COM.

25 SCREEN PRINT 118 IS THE ACTUAL NEWSLETTER ITSELF.

26 AS YOU CAN SEE, THE SCREEN PRINT STOPS HERE. AND WHAT I DID WAS

27 CONTINUE — WAS CONTINUE DOWN MAKING SCREEN PRINTS OF THE

28 NEWSLETTER.

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1 Q.: SIR, I’M SORRY, YOU SAID “HERE,’ BUT FOR OUR RECORD

2 YOU WERE REFERRING TO THE LOWER PORTION —

3 A.: THE LOWER PORTION OF SCREEN PRINT 117.

4 Q.: THANK YOU VERY MUCH.

5 A.: SO 118 IS GOING TO BE A PORTION — IT’S NOT ALL.

6 AS YOU CAN SEE, THERE WAS — I COULD HAVE CONTINUED TO SCROLL

7 DOWN BUT I JUST MADE ONE SCREEN PRINT.

8 SCREEN PRINT 119 IS ALSO 1/4/02, 4:47:58 P.M. IT’S

9 A GIF FILE FROM ONE OF THE WEB PAGES, PROBABLY FROM THE PINK FOR

10FREE PAGE.

11 THE SAME WITH SCREEN PRINT 120.

12 SCREEN PRINT 121.

13 SCREEN PRINT 122 SHOWS FILE CREATED DATE OF 1/4/02

14 AT 4:49 P.M. IN THE AFTERNOON. IT’S A BANNER FOR THE WEB SITE

15 TEENS DOT COM WHICH, AS I RECALL, I DID NOT SEE IN THE PINK FOR

16 FREE NEWSLETTER, BUT I COULD NOT — I ALSO COULD NOT FIND A

17 PARTICULAR HTML FILE TO MAKE A SCREEN PRINT OF SHOWING WHAT PAGE

18 THAT THAT HAD COME FROM, SO I AM SOMEWHAT UNCERTAIN. I DON’T

19 KNOW IF THIS WAS A NEW PAGE THAT WAS ACCESSED AT PINK DOT COM OR

20 IF IT WAS ON THE PINK FOR FREE PAGE.

21 Q.: THE TIME’S PRETTY EXCLUSIVE. THE TIME’S ACCURATE?

22 MR. CLARKE: OBJECTION, LACK OF FOUNDATION.

23 THE COURT: SUSTAINED.

24

25 BY MR. FELDMAN:

26 Q.: DO YOU KNOW WHAT TIME THE SCREEN WAS ACCESSED?

27 MR. CLARKE: SAME OBJECTION.

28 THE COURT: OVERRULED.

.

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1 THE WITNESS: YES. THE TIME REFLECTED HERE ON THE SCREEN

2 PRINT IS THE TIME AND DATE THAT’S GIVEN TO THE FILE WHEN IT’S

3 DOWNLOADED FROM THE INTERNET INTO THE TEMPORARY INTERNET FILE

4 FOLDER OF THE COMPUTER. SO, IF THE CLOCK IS ACCURATE ON THE

5 COMPUTER, THEN THE TIME DATE STAMPS ON ALL THE FILES THAT ARE IN

6 THE COMPUTER ARE GOING TO BE ACCURATE.

7

8 BY MR. FELDMAN:

9 Q.: AND THE DATE IS BEING REFLECTED AS 1/4/02 —

10 A.: YES.

11 Q.: — ON VIRTUALLY THE LAST SERIES OF SCREEN PRINTS;

12 IS THAT CORRECT?

13 A.: YES.

14 Q.: THE TIME IS ABOUT 4:58 IN THE AFTERNOON ABOUT?

15 A.: CORRECT.

16 Q.: OKAY. GOT YOU THERE IN 126?

17 A.: SCREEN PRINT 126 IS AGAIN ON 1/4/02. IT’S 4:47

18 P.M. IN THE AFTERNOON IS THE FILE CREATION DATE. IT’S A BANNER

19 FOR A WEB SITE CALLED RAW SEX VIDEOS, AND THAT’S THE END FOR

20 1/4/02.

21 Q.: ALL RIGHT.

22 NOW SIR, WE GOT THROUGH 126, RIGHT?

23 A.: YES.

24 Q.: YOU WERE REQUESTED BY MY OFFICE TO SEE WHETHER OR

25 NOT YOU COULD DETERMINE THE DATE OF FILE CREATION OF A SERIES OF

26 MPEGS CALLED “ATTACK” THAT DEPICTED A YOUNG ASIAN — AN ASIAN

27 WOMAN ALLEGEDLY BEING RAPED BY INDIVIDUALS.

28 DO YOU RECALL THAT WE ASKED YOU TO DO THAT?

.

7088

1 A.: YES. MY RECOLLECTION IS THAT I WAS INFORMED THAT

2 THAT WAS — THAT THOSE PARTICULAR FILES WERE OF INTEREST, THAT

3 THEY HAD BEEN FOUND ON THE PIECES OF LOOSE MEDIA. AND I

4 ATTEMPTED TO DETERMINE IF I COULD FIND WHAT COMPUTER THEY HAD

5 ORIGINALLY BEEN DOWNLOADED TO AND WAS I THINK FAIRLY CERTAINLY

6 ABLE TO DO THAT.

7 Q.: NOW, SIR, I’D LIKE TO DIRECT YOUR ATTENTION TO

8 SCREEN PRINTS 127 AND 128. PLEASE TELL THE JURY WHAT IS 127 AND

9 128?

10 A.: 127 IS THE SCREEN CAPTURE OF THE REPORT ITSELF.

11 THIS — THE “ATTACK” VIDEO OR — WE ARE CALLING THEM VIDEOS, THE

12 PROPER FILE EXTENSION IS MPG AND THAT STANDS FOR COMPUTER VIDEO.

13 THERE WERE — I’VE FORGOTTEN THE EXACT NUMBER. THERE WERE MORE

14 THAN FOUR, FIVE OR SIX. NOT ALL OF THEM WERE VIEWABLE?

15 Q.: YES.

16 A.: THEY WERE DOWNLOADED OR THEIR FILE CREATION DATES

17 SHOW 8/5/01 AT 3:42 P.M. IN THE AFTERNOON WITH THE LAST ACCESS

18 DATE OF 11/18/01.

19 Q.: ALL RIGHT.

20 A.: AND THEN SCREEN PRINT 127, WHAT I ATTEMPTED TO DO

21 THEN, ONCE I KNEW THAT THESE MPEGS HAD BEEN DOWNLOADED ON 8/5/01

22 WAS ATTEMPT TO DETERMINE IF I COULD FIND WHO THE COMPUTER USER

23 WAS ON 8/5/01 AT 3:42 IN THE AFTERNOON.

24 Q.: WERE YOU ABLE TO DO SO?

25 A.: SCREEN PRINT 128 SHOWS — THE ONLY THING THAT I WAS

26 ABLE TO FIND THAT WAS STILL AVAILABLE THAT OFFERED ANY KIND OF

27 CLUE TO THAT AT ALL, AND THIS IS A — IT’S AN ANIME’. ACTUALLY,

28 WHAT YOU’RE LOOKING AT IN SCREEN PRINT 128 IS A GIF, IMAGE FILE.

.

7089

1 IT IS AN ANIME’ IMAGE. THE FILE CREATED DATE IS 8/5/01. THE

2 TIME IS 1:34:36 P.M.

3 Q.: WERE YOU ABLE TO LINK D. N. WEST TO JOINING ANY

4 ANIME’ SITE?

5 A.: YES.

6 Q.: CONSISTENT WITH THE ANIME’ SITE DEPICTED IN 128?

7 MR. CLARKE: OBJECTION, VAGUE.

8 THE COURT: SUSTAINED.

9

10 BY MR. FELDMAN:

11 Q.: WERE YOU ABLE TO LINK D. N. WEST TO ANY ANIME’ SITE

12 WHICH WAS DEPICTED OR MAY BE DEPICTED IN 128, SCREEN NAME 128?

13 MR. CLARKE: SAME OBJECTION.

14 THE COURT: SUSTAINED.

15

16 BY MR. FELDMAN:

17 Q.: WHAT, IF ANY, EFFORTS DID YOU MAKE IN AN EFFORT TO

18 LINK WHETHER OR NOT D. N. WEST WAS THE DOWNLOADER OF THE

19 “ATTACK” VIDEO?

20 MR. DUSEK: OBJECTION, ASSUMES FACTS NOT IN EVIDENCE.

21 THE COURT: OVERRULED.

22 WHAT STEPS DID YOU TAKE?

23 THE WITNESS: I’M SORRY. COULD YOU ASK AGAIN?

24

25 BY MR. FELDMAN:

26 Q.: WHAT STEPS, IF ANY, DID YOU TAKE TO ATTEMPT TO

27 IDENTIFY WHETHER OR NOT D. N. WEST WAS THE SOURCE OF THE ATTACK

28 MPEG TO WHICH WE’VE MADE REFERENCE IN SCREEN PRINT 127?

.

7090

1 A.: AS I STATED, WHAT I ATTEMPTED TO DO WAS FIND OUT IF

1 THERE WERE ANY OTHER ACCESSES ON 8/5/01 IN THE AFTERNOON, IN THE

1 EARLY AFTERNOON HOURS OF 8/5/01 THAT WOULD HELP DETERMINE WHO

4 WAS ON THE COMPUTER AT THE TIME.

5 I HAD FOUND NUMEROUS INSTANCES, AND WE’VE DISCUSSED

6 A FEW OF THEM, THAT INDICATED THAT IT WAS D. N. WEST WHO HAD AN

7 INTEREST IN ANIME’ PORNOGRAPHY. AND AT 8/5/01 AT 1:34 IN THE

8 AFTERNOON I FOUND THIS FILE, WHICH IS AN ANIME’ PORNOGRAPHIC

9 FILE.

10 Q.: THANK YOU, SIR.

11 I THINK THE NEXT COMPUTER — WE GOT YOU THROUGH

12 128, RIGHT?

13 A.: CORRECT.

14 Q.: YOU ALSO LOOKED AT AN H. P. COMPUTER NO. 1, ANOTHER

15 H. P. COMPUTER THAT WAS REPRESENTED TO YOU TO BE IN THE OFFICE;

16 IS THAT CORRECT?

17 A.: THAT’S CORRECT.

18 Q.: YOU RECALL — OR AT LEAST YOU CALLED IT IN YOUR

19 REPORT AN H. P. COMPUTER NO. 1, IS THAT RIGHT, SIR?

20 A.: CORRECT.

21 Q.: THIS WAS EQUIPPED WITH A 38 GIGABYTE MAXTOR,

22 M-A-X-T-O-R HARD DRIVE, IS THAT RIGHT?

23 A.: CORRECT.

24 Q.: DIRECTING YOUR ATTENTION TO SCREEN PRINT 129, WHAT

25 DOES 129 SHOW?

26 A.: SCREEN PRINT 129 IS SLIGHTLY DIFFERENT THAN THE

27 OTHER HOT MAIL SCREEN PRINTS THAT WE’VE LOOKED AT ON THE H. P.

28 ONE COMPUTER, WHERE WE’RE ACTUALLY ABLE TO SEE THE WEB PAGE

.

709

1

1 ITSELF, THE HTML WEB PAGE ITSELF.

1 WHAT I DID, AND I THINK I TESTIFIED TO THIS

1 EARLIER, I OFTEN RUN THE SCRIPT OR A WORD SCRIPT FOR AT HOT MAIL

4 DOT COM WHEN I RECEIVE A PIECE OF MEDIA TO DETERMINE IF I CAN

5 FIND AN INTERNET USER ASSOCIATED WITH A PARTICULAR E-MAIL

6 ACCOUNT WHICH WAS DONE ON THIS COMPUTER. AND IN THE UPPER

7 PORTION OF SCREEN PRINT 129, WHAT I’M SHOWING ARE MY SEARCH HITS

8 FOR THE TEXT AT HOT MAIL DOT COM. AND WHAT I AM SHOWING IN THE

9 BOTTOM HALF OF SCREEN PRINT 129 IS THE PARTICULAR TEXT THAT THE

10 SOFTWARE FOUND THAT’S ASSOCIATED WITH THAT HIT AND ITS E-MAIL

11 FOR D. N. WEST AT HOT MAIL DOT COM. AND IT IS APPARENTLY AN

12 E-MAIL THAT WAS SENT TO A FAMILY IN AUSTRALIA BY NEIL

13 WESTERFIELD THANKING THEM FOR HIS VISIT. AND THEN AT THE BOTTOM

14 OF THE LETTER IT SAYS DAVID NEIL WESTERFIELD. P. S. MY E-MAIL

15 ADDRESS IS D. N. WEST AT HOT MAIL DOT COM. MY DAD’S FAX, AND IT

16 GIVES A FAX NUMBER.

17 Q.: ALL RIGHT.

18 A.: MY MAILING ADDRESS IS DAVID N. WESTERFIELD, AND IT

19 GIVES THE MAILING ADDRESS.

20 Q.: DIRECTING YOUR ATTENTION TO SCREEN PRINTS 134

21 THROUGH 140, SIR, I WANT TO MAKE SURE I HAVEN’T SKIPPED ANY,

22 HAVE I?

23 A.: WE WERE JUST TALKING ABOUT 129, RIGHT?

24 Q.: YUP.

25 A.: 130 WE HAD DISCUSSED PREVIOUSLY AS A SCREEN PRINT

26 OF A — RECEIVED E-MAIL BY D. N. WEST AT HOT MAIL DOT COM SAYING

27 THANKS FOR JOINING ANIME’ DOT COM.

28 Q.: ALL RIGHT.

.

7092

1 SCREEN PRINTS 130 THROUGH 133, WHAT DO THEY SHOW?

2 A.: AS WE JUST SAID, 130 IS THE — IS SHOWING D. N.

3 WEST AT HOT MAIL DOT COM WITH THE TEXT THANKS FOR JOINING ANIME’

4 DOT COM. IT SHOWS THE E-MAIL ADDRESS OF D. N. WEST AT HOT MAIL

5 DOT COM AND THE NAME DAVID WEST.

6 Q.: 134 THROUGH140, WHAT DO THEY SHOW?

7 A.: I’M SORRY, 133, 134.

8 Q.: 134. DID I SKIP 133? I DIDN’T MEAN TO DO THAT TO

9 YOU. I KNOW YOU’RE JUGGLING YOUR PAPERS, I’M SORRY.

10 A.: OKAY.

11 THESE ARE ALL — SCREEN PRINT134 IS A HOT MAIL

12 ACCESS AND AGAIN, IT’S NOT THE TEXT SEARCH. THIS IS THE PAGE

13 ITSELF, HOT MAIL HTML PAGE?

14 Q.: YES.

15 A.: SCREEN PRINT 135 IS THE INBOX FOR D. N. WEST AT HOT

16 MAIL DOT COM ON 10/28/01.

17 AT 10/28/01, WHAT I’VE HIGHLIGHTED HERE IS ANOTHER

18 HTML FILE THAT I FOUND, AND I HAVE BOLDED OR HIGHLIGHTED, AS IT

19 WERE, THE TEXT IN THIS PARTICULAR HTML FILE THAT SAYS COME SEE

20 THE HOTTEST PRETEEN SITE OUT THERE.

21 137 IS THE PAGE ITSELF. IT SAYS PRESENTED TO YOU

22 BY, AND AS WE SAID, THE BLANKS INDICATE WHERE THE IMAGE FILES

23 WILL GO. THE FRESHEST TEENS AT TEEN X.

24 SCREEN PRINT138 IS ANOTHER HTML FILE WITH THE DATE

25 OF 10/28. IT SAYS MEET THE YOUNG — MEET YOUNG GIRLS HERE FOR

26 FREE.

27 10/28, AGAIN, THIS IS SCREEN PRINT 139 ON 10/28/01

28 IS AN ACCESS TO AN HTML PAGE AGAIN. THE WEB PAGE, IT’S CALLED

.

7093

1 THE HUNDRED DOT COM. IT’S REFERRED TO HERE AS HUN DOT HTML BUT

2 IT’S THE HUN DOT COM.

3 THEN SCREEN PRINT 140 IS THE PAGE ITSELF, THE HUN

4 PORNOGRAPHIC WEB SITE COVERING A VARIETY OF DIFFERENT

5 PORNOGRAPHIC INTERESTS.

6 Q.: OKAY. LIVE TEEN COME AND THE HUN DOT COM, THESE

7 ARE GENERIC PORNOGRAPHIC SITES, IS THAT RIGHT?

8 A.: YES, SIR.

9 Q.: THEY OFFER BOTH STILLS AND VIDEOS OF A WIDE VARIETY

10OF IMAGES; IS THAT RIGHT —

11 A.: CORRECT.

12 Q.: — INCLUDING BONDAGE AND ANIME’ PORN, PORNOGRAPHY;

13 IS THAT CORRECT?

14 A.: CORRECT.

15 Q.: SIR, I’D LIKE TO NOW DIRECT YOUR ATTENTION TO AN

16 EVALUATION OF THE LOOSE MEDIA, THE C. D.S AND THE ZIPS.

17 DID YOU FINISH THAT? I DON’T WANT TO CUT YOU OFF.

18 A.: YES, SIR.

19 Q.: DID YOU NOTE ANYTHING IN PARTICULAR OR WHAT YOU

20 CONSIDER TO BE IMPORTANT DETAIL IN YOUR REVIEW OF THE LOOSE 21 MEDIA?

22 A.: YES, I DID. AND IF I CAN REFER TO MY REPORT, I’LL

23 BE ABLE TO DISCUSS THAT.

24 MR. CLARKE: ACTUALLY, I’M SORRY, I’LL OBJECT. IT

25 APPEARED THE WITNESS WAS READING HIS REPORT. I BELIEVE THERE

26 SHOULD BE A FURTHER FOUNDATION LAID.

27 THE COURT: SUSTAINED. LAY THE FOUNDATION, MR. FELDMAN.

28 ///

.

7094

1 BY MR. FELDMAN:

2 Q.: DO YOU HAVE AN INDEPENDENT RECOLLECTION OF THE

3 DETAILS OF YOUR REPORT, SIR? AN INDEPENDENT RECOLLECTION?

4 A.: I WAS READING THE REPORT TO MAKE SURE.

5 Q.: WOULD REVIEWING — DID REVIEWING THE REPORT REFRESH

6 YOUR MEMORY?

7 A.: YES, IT DID.

8 Q.: THANK YOU.

9 MR. CLARKE: YOUR HONOR, IF I MAY ASK, IF THE WITNESS IS

10 GOING TO BE READING FROM THE REPORT OR REFERRING TO IT, IF THE

11 RECORD COULD SIMPLY REFLECT THAT.

12 THE COURT: ALL RIGHT. AND JUST REFER US TO A PAGE IF

13 YOU ELECT TO REFRESH YOUR RECOLLECTION.

14 ALL RIGHT, MR. FELDMAN YOU CAN ASK THAT QUESTION

15 AGAIN.

16

17 BY MR. FELDMAN:

18 Q.: SIR, CAN YOU GENERICALLY DESCRIBE FOR ME IS THERE

19 SOMETHING — DIRECTING YOUR ATTENTION TO SCREEN PRINTS 141

20 THROUGH164, YOU DID A SERIES OF SCREEN PRINTS THAT ARE IN THAT

21 RANGE?

22 A.: CORRECT.

23 Q.: 141 THROUGH 164. WERE THEY TYPICAL OF A NUMBER OF

24 IMAGES THAT YOU’VE SEEN IN THE LOOSE MEDIA?

25 A.: YES.

26 Q.: AND DID THEY ALL REFLECT OR GENERALLY REFLECT A

27 COMMON ACCESS DATE?

28 A.: YES.

.

7095

1 Q.: WHAT KIND OF IMAGES DID YOU OBSERVE IN THE LOOSE

1 MEDIA — AND, YOU KNOW, LET ME WITHDRAW THAT.

1 WHAT KIND OF DIGITAL EXTENSIONS DID YOU NOTE IN THE

4 PARTICULAR SCREEN PRINTS THAT ARE REFLECTED 141 THROUGH 164?

5 A.: JPG OR IMAGE FILES.

6 Q.: DID YOU ALSO NOTE AVI FILES?

7 A.: YES.

8 Q.: MPEG FILES?

9 A.: YES.

10 Q.: SO A VARIETY?

11 A.: A VARIETY.

12 Q.: DID YOU NOTE ANY PARTICULAR ACCESS DATES OF SCREEN

13 PRINTS 141 THROUGH 164 THAT WERE OF NOTE TO YOU?

14 A.: THE LAST ACCESS DATE WAS 12/17/01.

15 Q.: WHY IS THAT IMPORTANT TO YOU?

16 A.: BECAUSE ON 12/17/01 WAS THE DATE THAT IT APPEARED,

17 THE MAJORITY OF THE IMAGES ON THE GATEWAY COMPUTER IN NEIL

18 WESTERFIELD’S ROOM HAD ALSO BEEN CREATED.

19 Q.: SO DOES THAT RAISE AN INFERENCE AS TO WHERE THE —

20 LET ME WITHDRAW THAT.

21 IF I HAVE A COMPUTER AND I DOWNLOAD A DOCUMENT TO A

22 CD, IS THE CD CHARACTERIZED AS LOOSE MEDIA?

23 A.: YES.

24 Q.: BASED ON YOUR REVIEW OF SCREEN PRINTS 141 THROUGH

25 164, BASED ON YOUR REVIEW OF ALL OF THE COMPUTER HARD DRIVES,

26 BASED ON YOUR REVIEW OF ALL OF THE SCREEN PRINTS, BASED ON YOUR

27 YEARS OF EXPERTISE, ARE YOU ABLE TO FORM AN OPINION AS TO

28 WHETHER OR NOT THE MOVIES AND IMAGES ON THE LOOSE MEDIA WERE

.

7096

1 DOWNLOADED FROM A PARTICULAR COMPUTER?

2 MR. CLARKE: OBJECTION, NO FOUNDATION, CALLS FOR

3 SPECULATION.

4 THE COURT: OVERRULED.

5 YOU CAN SIMPLY ANSWER THAT YES OR NO.

6 THE WITNESS: YES.

7

8 BY MR. FELDMAN:

9 Q.: WHAT’S YOUR ANSWER?

10 MR. CLARKE: SAME OBJECTION.

11 THE COURT: IT’S DULY NOTED. OVERRULED.

12 YOU MAY ANSWER.

13 THE WITNESS: THAT THOSE IMAGES WERE DOWNLOADED FROM THE

14 LOOSE MEDIA.

15

16 BY MR. FELDMAN:

17 Q.: NOW, WITHOUT ACTUALLY BEING THERE YOU DON’T REALLY

18 KNOW, CORRECT?

19 A.: THAT IS CORRECT.

20 Q.: THAT’S YOUR BEST PROFESSIONAL OPINION; IS THAT

21 CORRECT?

22 A.: YES. YES.

23 Q.: SIR, WE DIDN’T ASK YOU FOR THIS INFORMATION, DID

24 WE?

25 MR. CLARKE: OBJECTION, ARGUMENTATIVE.

26 THE COURT: SUSTAINED.

27

28 ///

.

7097

1 BY MR. FELDMAN:

2 Q.: THE PURPOSE OF OUR REQUEST TO YOU WAS TO JUST

3 PROVIDE US INFORMATION, ISN’T THAT CORRECT?

4 A.: CORRECT.

5 MR. CLARKE: SAME OBJECTION.

6 THE COURT: OVERRULED. THE ANSWER WILL STAND.

7 THE WITNESS: SORRY.

8 THE COURT: THE ANSWER WILL STAND.

9

10 BY MR. FELDMAN:

11 Q.: YOU WERE THE INVESTIGATOR THAT IDENTIFIED THESE

12 SCREEN PRINTS THAT WE’VE JUST SHOWN THE JURY, IS THAT RIGHT?

13 A.: YES.

14 MR. FELDMAN: YOUR HONOR, JUST FOR PURPOSES OF THE

15 RECORD, I’M GOING TO WANT TO MARK AND MOVE INTO EVIDENCE SHORT

16 THE REPORT THE WITNESS’ SCREEN PRINTS ABOUT WHICH HE’S

17 TESTIFIED. I’M JUST NOT SURE WHETHER YOU THINK NOW IS

18 APPROPRIATE OR LATER.

19 THE COURT: LATER.

20 MR. FELDMAN: VERY WELL.

21 NO FURTHER QUESTIONS AT THIS TIME. THANK.

22 YOU.

23 THE COURT: ALL RIGHT. MR. CLARKE.

24 MR. CLARKE: THANK YOU, YOUR HONOR.

25

26 ///

27 ///

28 ///

.

7098

1 CROSS-EXAMINATION +

2 BY MR. CLARKE:

3 Q.: MR. LAWSON, GOOD MORNING.

4 A.: GOOD MORNING.

5 Q.: IS IT DR. LAWSON OR NOT, I’M SORRY?

6 A.: NO. I WISH, NO.

7 Q.: ARE YOU AN ATTORNEY?

8 A.: NO, I DON’T PRACTICE LAW.

9 Q.: I NOTICED IN REVIEWING YOUR C. V. — IS THAT A

10FANCY TERM FOR A RESUME?

11 A.: YES, SIR.

12 Q.: — THAT YOU’RE A MEMBER OF A PARTICULAR

13 ORGANIZATION, THE NATIONAL ASSOCIATION OF CRIMINAL DEFENSE

14 LAWYERS, IS THAT RIGHT?

15 A.: THAT’S CORRECT.

16 Q.: BUT YOU’RE NOT A DEFENSE LAWYER?

17 A.: NO, SIR.

18 Q.: YOU ALSO LIST IN THE C. V. I THINK EIGHT, NINE OR

19 TEN REFERENCES; IS THAT CORRECT?

20 A.: CORRECT.

21 Q.: WHAT’S A REFERENCE FOR?

22 A.: FOR PEOPLE WHO VIEW THE C. V. TO CALL AND ASK ABOUT

23 ME.

24 Q.: ARE ALL OF THOSE PEOPLE YOU LIST AS REFERENCES

25 CRIMINAL DEFENSE LAWYERS?

26 A.: CAN I CHECK?

27 Q.: SURE. DO YOU HAVE IT WITH YOU?

28 A.: I THINK I DO.

.

7099

1 A.: YES.

1 Q.: EVERY ONE OF THEM?

1 A.: WELL, THE TWO MILITARY LAWYERS IN THE MILITARY,

4 THEY GO BACK AND FORTH. THEY CURRENTLY, AS OF TODAY, I BELIEVE

5 THEY ARE BOTH STILL DOING DEFENSE WORK, BUT THAT ISN’T THEIR —

6 NECESSARILY THEIR PERMANENT POSITION.

7 Q.: WHEN OBVIOUSLY YOU HAD CONTACT WITH THOSE TWO

8 LAWYERS, IS THAT —

9 A.: THEY WERE CRIMINAL DEFENSE LAWYERS, THAT’S CORRECT.

10 Q.: SO AT THE TIME THAT YOU HAD YOUR CONTACT WITH THEM

11 THEY WERE REPRESENTING CRIMINAL DEFENDANTS?

12 A.: YES, SIR.

13 Q.: YOUR COMPANY, DOES IT ASSIST LAWYERS REPRESENTING

14 DEFENDANTS CHARGED WITH CRIMES?

15 A.: YES.

16 Q.: AND IS IT A FOR PROFIT COMPANY?

17 A.: YES.

18 Q.: NOW I BELIEVE YOU TALKED ABOUT YOU HAD EXPERIENCE

19 WITH THE CUSTOMS SERVICE, IS THAT THE RIGHT TERM?

20 A.: YES.

21 Q.: THAT INVOLVED INVESTIGATING CHILD PORNOGRAPHY?

22 A.: YES.

23 Q.: WHY DID THE CUSTOMS SERVICE CARE ABOUT THAT?

24 MR. FELDMAN: RELEVANCE, SCOPE.

25 THE COURT: OVERRULED.

26 THE WITNESS: I’M NOT SURE HOW TO ANSWER THAT.

27

28 ///

.

7100

1 BY MR. CLARKE:

2 Q.: WELL, DID YOU PARTICIPATE WHILE YOU WERE WITH

3 CUSTOMS WITH INVESTIGATING CHILD PORNOGRAPHY?

4 A.: YES.

5 Q.: WAS THAT A MISSION OF THE CUSTOMS SERVICE OR WHY

6 DID THEY DO THAT?

7 A.: IT’S ONE OF THE LAWS THAT THEY ENFORCE. I WOULD

8 ASSUME THAT IT WOULD BE — THAT THEY WOULD CHARACTERIZE THAT AS

9 ONE OF THEIR MISSIONS, YES.

10 Q.: IS CHILD PORNOGRAPHY A CRIME?

11 A.: YES.

12 Q.: NOW AS FAR AS THE AREA OF CHILD PORNOGRAPHY, ARE

13 YOU FAMILIAR WITH THE CALIFORNIA LAW IN THAT REGARD?

14 MR. FELDMAN: RELEVANCE.

15 THE COURT: OVERRULED.

16 THE WITNESS: SOMEWHAT.

17

18 BY MR. CLARKE:

19 Q.: WHAT’S IT ILLEGAL TO DO IN CALIFORNIA IN TERMS OF

20 CHILDREN AND THE IMAGES?

21 MR. FELDMAN: YOUR HONOR, RELEVANCE, ONGOING OBJECTION

22 AND I DIDN’T OFFER HIM AS AN EXPERT ON THAT.

23 THE COURT: IT’S NOTED FOR THE RECORD.

24 MR. FELDMAN: THANK YOU.

25 THE COURT: OVERRULED.

26 THE WITNESS: POSSESSION, DISTRIBUTION, RECEIPT,

27 CREATION. I’M NOT SURE IF YOUR LAW IN CALIFORNIA HAS A

28 PROMOTING.

.

7101

1 BY MR. CLARKE:

2 Q.: OKAY. OF WHAT?

3 A.: OF CHILD PORNOGRAPHY.

4 Q.: WHAT DOES CALIFORNIA SAY ABOUT WHAT CONSTITUTES

5 CHILD PORNOGRAPHY?

6 A.: I BELIEVE THAT CALIFORNIA LAW DISCUSSES VIA CASE

7 LAW WHAT IS DEFINED AS A LASCIVIOUS EXHIBITION OF THE CHILD

8 GENITALS OR SEXUAL ACTS OF CHILDREN.

9 Q.: SO IT HAS TO BE A PERSON UNDER <18, RIGHT? 10 A.: CORRECT.

11 Q.: DOESN’T HAVE TO BE INVOLVED IN A SEX ACT, DOES IT?

12 A.: NO.

13 Q.: HOW ABOUT A PHOTOGRAPH OF A YOUNG GIRL, SOMEONE

14 UNDER 18, WHERE YOU CAN SEE THEIR GENITALS?

15 MR. FELDMAN: OBJECTION, RELEVANCE.

16 THE COURT: APPROACH THE BENCH.

17

18

19 (BENCH CONFERENCE NOT PUBLIC RECORD.)

20

21

22

23

24

25

26

27

28

.

7102

1

2

3

4

5

6

7

8

9

10

11

12

13 (THE FOLLOWING PROCEEDINGS WERE HELD IN
OPEN COURT IN THE PRESENCE OF THE JURY:)
14

15 BY MR. DUSEK:

16 Q.: DID YOU — OBVIOUSLY, YOU WROTE A REPORT IN THIS

17 MATTER; IS THAT CORRECT?

18 A.: YES, SIR.

19 Q.: DID YOU EVER TAKE ANY NOTES IN YOUR REVIEW OF ALL

20 THE VARIOUS MATERIALS?

21 A.: YES.

22 Q.: WHERE ARE THOSE?

23 A.: I HAVE — SOME OF THEM I BROUGHT. ACTUALLY, I

24 THINK I BROUGHT ALL OF MY HANDWRITTEN NOTES.

25 Q.: WERE THEY PROVIDED — I’M SORRY.

26 A.: THEY’VE BEEN PROVIDED TO DEFENSE COUNSEL.

27 Q.: THEY WERE PROVIDED TO MR. FELDMAN’S OFFICE?

28 A.: I BELIEVE SO, YES.

.

7103

1 MR. CLARKE: MAY WE ADDRESS THAT ISSUE AT SOME POINT,

2 YOUR HONOR?

3 THE COURT: YES.

4 MR. CLARKE: THANK YOU.

5 Q.: BUT TO YOUR KNOWLEDGE, THEY WERE GIVEN TO THE

6 DEFENSE IN THIS CASE?

7 A.: TO MY KNOWLEDGE, YES.

8 Q.: DO YOU HAVE ANY REASON TO BELIEVE THEY WERE EVER

9 GIVEN TO THE PROSECUTION?

10 A.: I’M SORRY, I DON’T KNOW IF THEY WERE OR NOT.

11 Q.: WHEN WERE THEY GIVEN TO THE DEFENSE?

12 A.: MOST OF THE NOTES — WHEN I’M REFERRING TO NOTES

13 IT’S IN A GENERIC SENSE. MOST OF MY COMMUNICATION WITH MR.

14 FELDMAN’S OFFICE HAS BEEN VIA SCREEN PRINTS THAT I WOULD FAX TO

15 HIM AND FEDEX TO HIM, AND THEN WE WOULD COMMUNICATE BY TELEPHONE

16 ABOUT THE SCREEN PRINTS AND THEIR MEANING.

17 Q.: LET’S TALK ABOUT THE NOTES. DID YOU FEDEX THEM TO

18 MR. FELDMAN’S OFFICE?

19 A.: THERE ARE, I DON’T KNOW HOW MANY, FOUR OR FIVE

20 PAGES PROBABLY OF HANDWRITTEN NOTES FROM SAN DIEGO THAT DISCUSS

21 THE — THAT DOCUMENT THE HARD DRIVE, THE NUMBERS, THE

22 IDENTIFICATION NUMBERS OF THE HARD DRIVE COMPARED TO THE

23 IDENTIFICATION NUMBERS THAT WERE PROVIDED BY THE SAN DIEGO

24 FORENSICS LABORATORY SO THAT I DIDN’T GET THE COMPUTERS CONFUSED

25 OR MIXED UP.

26 THERE ARE SOME HANDWRITTEN NOTES ABOUT IDENTIFYING

27 INDIVIDUAL PICTURE NAMES WITH LAST ACCESS DATES. FOR INSTANCE,

28 THE 1/4/02 DATE WAS — I REMEMBER SPECIFICALLY WRITING THAT DOWN

.

7104

1 THAT I HAD NOTICED THAT.

1 Q.: DID YOU HAVE ANY OTHER TYPES OF NOTES, FOR

1 INSTANCE, DATA THAT YOU MIGHT KEEP IN A COMPUTER FILE OR

4 ANYTHING OF THAT MATTER? AND WHAT I’M TALKING ABOUT IS ANYTHING

5 THAT YOU DID IN YOUR WORK IN THIS CASE.

6 A.: I THINK THAT WOULD BE IT.

7 Q.: WHEN DID YOU — WHEN DID YOU PROVIDE THOSE NOTES TO

8 THE DEFENSE?

9 A.: IT’S BEEN ONGOING SINCE MY TRIP TO SAN DIEGO, WHICH

10 I BELIEVE WAS AROUND THE FIRST PART OF JUNE. I DON’T REMEMBER

11 THE EXACT DATES BUT AROUND THE 1ST OF JUNE. WHEN I RETURNED

12 HOME I PREPARED A — A KIND OF A SUMMARY OF WHAT I HAD DONE

13 WHILE I WAS DOWN THERE AND WHAT I NEEDED TO CONTINUE TO DO TO BE

14 ABLE TO ASSIST HIM. AND I’M NOT SURE WHAT DATE I WOULD HAVE

15 SENT THOSE, PROBABLY THE SECOND WEEK IN JUNE.

16 Q.: SO YOU’VE SENT NOTES ON AN ONGOING BASIS TO THE

17 DEFENSE?

18 A.: NO, SCREEN PRINTS.

19 Q.: I’M TALKING ABOUT NOTES, THE NOTES YOU SAY YOU

20 TOOK.

21 A.: I HAVEN’T BEEN TAKING HANDWRITTEN NOTES ALONG THE

22 WAY.

23 Q.: WELL, EXCUSE ME, MR. LAWSON. DIDN’T YOU JUST

24 DESCRIBE THE FACT THAT YOU TOOK SOME HANDWRITTEN NOTES,

25 INCLUDING I THINK IT WAS DATES AND SO FORTH?

26 A.: IN SAN DIEGO, YES.

27 Q.: OKAY. WHEN WERE THEY GIVEN TO THE DEFENSE?

28 A.: IN THAT SECOND WEEK IN JUNE.

.

7105

1 Q.: SO ALMOST A MONTH AGO?

2 A.: YEAH. I’M NOT SURE WHAT THE DATE IS TODAY BUT —

3 THE SECOND WEEK IN JUNE ROUGHLY WHEN I RETURNED BACK TO SPOKANE

4 I WROTE A SUMMARY OF WHAT I HAD SEEN AND THEN WHAT I FELT I

5 NEEDED TO DO TO CONTINUE, AND TO MY RECOLLECTION I SENT

6 EVERYTHING THAT I HAD MADE, SCREEN PRINT OR HANDWRITTEN AT THAT

7 TIME.

8 Q.: IS THAT THE ONLY TIME THAT YOU WROTE NOTES?

9 MR. FELDMAN: YOUR HONOR, I WANT A SIDE BAR. THIS IS

10 MISLEADING.

11 THE COURT: OVERRULED AT THIS POINT IN TIME.

12 YOU MAY ANSWER.

13 THE WITNESS: I’M TRYING TO — I’M MAKING SURE —

14

15 BY MR. CLARKE:

16 Q.: I UNDERSTAND.

17 A.: I DON’T RECALL MAKING ANY OTHER HANDWRITTEN NOTES.

18 I DON’T RECALL MAKING ANY OTHERS.

19 Q.: YOU HAVE A SEVERAL PAGE REPORT IN FRONT OF YOU,

20 CORRECT?

21 A.: CORRECT.

22 Q.: THAT YOU AUTHORED IN THIS CASE?

23 A.: YES.

24 Q.: WHEN YOU PREPARE A REPORT DO YOU PREPARE THAT JUST

25 FROM YOUR MEMORY?

26 A.: NO. THE SCREEN PRINTS ARE WHAT I USE MOSTLY TO

27 PREPARE THESE REPORTS. I MAKE THE SCREEN PRINTS AS I GO, AND I

28 KEEP THE SCREEN PRINTS ORGANIZED BY SPECIFIC COMPUTER OR PIECE

.

7106

1 OF MEDIA, AND THEN WHEN I ASSEMBLE THE REPORT I USE THE SCREEN

2 PRINTS.

3 Q.: BUT YOU ALSO USE NOTES, DON’T YOU?

4 A.: NOT USUALLY. SOMETIMES BUT NOT — NOT AS A GENERAL

5 PRACTICE.

6 Q.: YOU USED NOTES IN THIS CASE, DIDN’T YOU?

7 A.: YES.

8 Q.: INCIDENTALLY, IN TERMS OF WRITING A REPORT, DO YOU

9 WRITE THAT REPORT WHEN THE EVENTS ARE FRESHER IN YOUR MIND THAN

10 THEY ARE TODAY?

11 A.: WELL, THEY WOULD BE IN CLOSER TIME PROXIMITY, YES.

12 Q.: DO YOU INCLUDE IN THAT REPORT ALL RELEVANT AND

13 IMPORTANT FACTS IN TERMS OF YOUR WORK IN A CASE, INCLUDING THIS

14 CASE?

15 A.: I TRY TO, YES.

16 Q.: WHEN YOU’RE DONE PREPARING THE REPORT DO YOU REVIEW

17 IT FOR ACCURACY?

18 A.: YES, I TRY TO.

19 Q.: AND DO YOU CORRECT ANY MISTAKES THAT ARE IN THERE?

20 A.: I TRY TO.

21 Q.: WERE THERE ANY IMPORTANT FACTS THAT YOU LEFT OUT OF

22 THIS REPORT?

23 MR. FELDMAN: YOUR HONOR, I’M SORRY, THAT’S ARGUMENTATIVE

24 AND VAGUE.

25 THE COURT: THAT’S VAGUE. SUSTAINED.

26

27 BY MR. CLARKE:

28 Q.: IN THE WRITING OF THE REPORT THAT YOU HAVE IN FRONT

.

7107

1 OF YOU, YOU’VE REVIEWED IT?

1 A.: YES.

1 Q.: DID YOU LEAVE OUT ANY FACTS THAT YOU FELT WERE

4 IMPORTANT?

5 A.: NOT THAT —

6 MR. FELDMAN: SAME OBJECTION. EXCUSE ME, SAME OBJECTION.

7 THE COURT: OVERRULED.

8 YOU MAY ANSWER, SIR.

9 THE WITNESS: NOT THAT I KNOW OF.

10

11 BY MR. CLARKE:

12 Q.: DID YOU SEE ANY MISTAKE?

13 A.: NOT THAT I KNOW OF.

14 Q.: ISN’T IT THE CASE THAT YOU ALSO WROTE WHAT YOU

15 CHARACTERIZE AS A PRELIMINARY REPORT IN THIS CASE?

16 A.: YES. I WOULD PUT THAT AS A SUMMARY OF MY INITIAL

17 FINDINGS IN SAN DIEGO.

18 Q.: THAT — CAN WE CALL IT A PRELIMINARY REPORT, IS

19 THAT FAIR?

20 A.: I WOULDN’T CALL IT THAT BUT YOU CAN.

21 Q.: OKAY.

22 WHAT WOULD YOU CALL IT?

23 A.: A SUMMARY OF WHAT I HAD FOUND AND WHAT I NEEDED TO

24 CONTINUE TO DO.

25 Q.: OKAY. THEN LET’S CALL IT A SUMMARY. IS THAT ALL

26 RIGHT?

27 ARE ALL OF THE FACTS YOU WROTE IN THE SUMMARY

28 REPORT CONTAINED IN THE REPORT THAT’S BEEN MARKED AS AN EXHIBIT?

.

7108

1 A.: I DON’T THINK SO.

2 Q.: YOU LEFT OUT SOME THINGS IN THE FINAL REPORT THAT

3 WERE IN THE SUMMARY, DIDN’T YOU?

4 MR. FELDMAN: YOUR HONOR, AGAIN, REQUEST A SIDE BAR.

5 THIS IMPLICATES THE ATTORNEY-CLIENT PRIVILEGE.

6 THE COURT: OVERRULED. OVERRULED.

7 THE WITNESS: DID I LEAVE OUT SOME THINGS THAT WERE IN

8 THE SUMMARY REPORT IN THE FINAL REPORT?

9

10 BY MR. CLARKE:

11 Q.: CORRECT.

12 A.: I VERY LIKELY DID.

13 Q.: WHEN COMPLETING YOUR FINAL REPORT, DID YOU REFER TO

14 THE SUMMARY FOR PURPOSES OF WRITING THAT FINAL REPORT?

15 A.: YES.

16 Q.: ISN’T IT CORRECT THAT IN THE PRELIMINARY REPORT YOU

17 NOTED THAT THERE WERE OBVIOUSLY INDIVIDUALS IN THE LOOSE MEDIA

18 THAT WERE UNDER THE AGE OF 18 YEARS-OLD?

19 A.: YES.

20 Q.: YOU DIDN’T INCLUDE THAT IN THE FINAL REPORT, DID

21 YOU?

22 A.: NO.

23 Q.: I’D LIKE TO FOCUS YOUR ATTENTION IF I COULD ON THE

24 MOVIES. IS THAT A FAIR TERM TO DESCRIBE THE NOT STILL IMAGES

25 BUT THE MOVIES THAT WERE FOUND ON THE LOOSE MEDIA, OKAY?

26 A.: YES, SIR.

27 Q.: DID YOU VIEW THOSE MOVIES?

28 A.: YES.

.

7109

1 Q.: DID YOU LISTEN TO THEM?

1 A.: NO.

1 Q.: YOU NEVER HEARD THE SOUND?

4 A.: NO.

5 Q.: TO YOUR KNOWLEDGE, IS THERE SOUND ON AT LEAST SOME

6 OF THOSE MOVIES?

7 A.: YES.

8 Q.: HAVE YOU EVER HEARD IN ANY FORM THE SOUND ON THOSE

9 MOVIES?

10 MR. FELDMAN: I’M SORRY, I MISSED THE QUESTION.

11 THE COURT: REPEAT IT, OPHELIA.

12 MR. CLARKE: I CAN REPHRASE IT.

13 THE COURT: JUST REPHRASE IT, THAT’S FINE.

14

15 BY MR. CLARKE:

16 Q.: HAVE YOU EVER HEARD THE SOUND ON THOSE MOVIES THAT

17 HAVE SOUND.

18 A.: NO.

19 MR. FELDMAN: OBJECTION, IRRELEVANT.

20 THE COURT: OVERRULED. THE ANSWER IS NO.

21

22 BY MR. CLARKE:

23 Q.: THE LAP TOP COMPUTER, I THINK YOU DESCRIBED THAT IT

24 HAD, IN YOUR OPINION, NO SIGNIFICANCE; IS THAT CORRECT?

25 A.: THE ONLY SIGNIFICANCE THAT I NOTED WAS THAT IT WAS

26 USED ON THE DATES THAT I ALLUDED TO IN MY REPORT. I DIDN’T SAY

27 THAT IT HAD ACCESS TO THE INTERNET AT THAT TIME, SO —

28 Q.: ALL RIGHT. AND I BELIEVE YOU GAVE THREE DATES,

.

7110

1 CORRECT, THAT THE LAP TOP WAS ACCESSED, I THINK, AS YOU USED THE

2 TERM?

3 A.: RIGHT.

4 Q.: LAP TOP WAS ACCESSED ON MORE THAN JUST THREE DATES,

5 WASN’T IT?

6 A.: YES.

7 Q.: IT WAS ACCESSED EXTENSIVELY, WASN’T IT?

8 A.: AS I RECALL, YES.

9 Q.: IT INCLUDED GAMES ON IT, DIDN’T IT?

10 A.: YES.

11 Q.: NOW, I’D LIKE TO SHIFT YOUR ATTENTION TO THE

12 GATEWAY COMPUTER. SO THAT WE’RE CLEAR ABOUT WHICH COMPUTER THAT

13 IS, WAS THAT IDENTIFIED TO YOU AS HAVING COME FROM THE BEDROOM,

14 NOT THE MASTER BEDROOM BUT ANOTHER BEDROOM THAT HAS BEEN

15 ASSOCIATED WITH NEIL WESTERFIELD?

16 A.: CORRECT.

17 Q.: THAT IS DAVID N. WESTERFIELD, ALL RIGHT?

18 A.: CORRECT.

19 Q.: AS A COMPUTER SPECIALIST ARE YOU AWARE OF WHETHER

20 OR NOT COMPUTERS ARE HANDED DOWN, LET’S SAY, FROM A PARENT TO A

21 CHILD?

22 A.: I’M SURE THEY ARE ALL THE TIME.

23 Q.: HAVE YOU EVER ENCOUNTERED THAT IN YOUR WORK AND

24 EXPERIENCE?

25 A.: YES.

26 Q.: WHERE, SAY, A PARENT GETS A NEWER COMPUTER THAT’S

27 FASTER OR HAS MORE ACCESSORIES OR WHATEVER, TAKES AN OLDER

28 COMPUTER AND GIVES THAT TO A CHILD, IS THAT PRETTY COMMON?

.

7111

1 A.: YES —

1 Q.: THIS TERM ANIME’ —

1 A.: — OR THE OTHER WAY AROUND.

4 Q.: WELL, I GUESS YOU’RE RIGHT IN SOME SITUATIONS, THAT

5 WOULD BE TRUE. I’M HOPING FOR THAT TO HAPPEN SOME DAY.

6 A.: ME, TOO.

7 Q.: AS FAR AS THE TERM “ANIME’,” DOES “ANIME'” MEAN

8 SEXUAL IN NATURE?

9 A.: NOT NECESSARILY.

10 Q.: IN FACT, ARE YOU FAMILIAR WITH ANIME’ DOT COM?

11 A.: YES.

12 Q.: ANIME’ DOT COM, CAN YOU — JUST ANY OF US GO TO

13 THAT WEB SITE IF WE HAVE A COMPUTER AND INTERNET ACCESS?

14 A.: YES.

15 Q.: WHEN YOU GO TO ANIME’ DOT COM DO YOU IMMEDIATELY

16 SEE DIRTY PICTURES OR PORNOGRAPHY?

17 A.: NO.

18 Q.: DOES IT INCLUDE CARTOONS?

19 A.: YES.

20 Q.: CARTOONS THAT ONE’S CHILD COULD WATCH. AND I DON’T

21 MEAN HAVE ACCESS TO, BUT WATCH THEM WITHOUT ANY DIRTY

22 CONNOTATIONS AT ALL?

23 A.: I BELIEVE SO, YES.

24 Q.: NOW, IF I CAN REFER YOUR ATTENTION, AND WE’RE ONLY

25 GOING TO TALK ABOUT A FEW SCREEN PRINTS, BUT WHILE YOU’RE THERE,

26 I THINK YOU REFERRED TO SCREEN PRINTS THERE IN 36 AT ONE POINT.

27 DO YOU HAVE THOSE?

28 A.: YES.

.

7112

1 Q.: AND THOSE ARE THE SCREEN PRINTS THAT HAVE A NUMBER

2 OF IMAGES, CORRECT, INCLUDING BARE BREASTED WOMEN?

3 A.: CORRECT.

4 Q.: WERE THOSE DOWNLOADED FROM THE INTERNET?

5 A.: WELL, MY FEELING WAS THAT THESE — THAT THIS

6 PARTICULAR GROUP HAD BEEN COPIED ONTO THE COMPUTER FROM ANOTHER

7 PIECE OF MEDIA, FROM THE CD OR FROM THE ZIP FILE.

8 IF YOU’RE TALKING ABOUT ORIGINALLY WHERE THEY CAME

9 FROM, YEAH, I WOULD ASSUME THAT THEY CAME FROM THE INTERNET.

10 Q.: OKAY. WHEN WERE THEY DOWNLOADED FROM THE INTERNET?

11 A.: I THINK I’D HAVE TO GO BACK TO — THEY’RE SHOWING

12 FILE CREATION DATES ON THE GATEWAY OF 12/17, WHICH WAS THE LAST

13 ACCESS DATE ON THE LOOSE MEDIA.

14 Q.: I’M SORRY, I JUST MISSED THE DATE. I APOLOGIZE.

15 A.: THEY’RE SHOWING FILE CREATION DATES ON THE GATEWAY

16 OF 12/17/01 —

17 Q.: IS THAT WHEN THEY WERE DOWNLOADED — I’M SORRY.

18 A.: — WHICH IS THE LAST ACCESS DATE ON THE MEDIA. AND

19 THEN WHEN YOU GO TO THE MEDIA AND LOOK, THE LAST ACCESS DATE

20 BEING 12/17/01, THIS PARTICULAR FILE, I JUST PICKED ONE AT

21

RANDOM, AND I DON’T KNOW IF IT’S ANIME’ BUT IT’S REFERRED TO AS

22 A CARTOON FILE CALLED BIG RED WAS CREATED ON 1/14/99.

23 Q.: THREE AND A HALF YEARS AGO OR SO, CORRECT?

24 A.: CORRECT.

25 Q.: DO YOU KNOW HOW OLD THE DEFENDANT IN THIS CASE’S

26 SON IS?

27 A.: NO, I DON’T. I WOULD ASSUME HE’S — HE MUST BE IN

28 COLLEGE, SO HE MUST BE 19 OR 20.

.

7113

1 Q.: BUT YOU DON’T KNOW HIS AGE?

2 A.: NO, I DON’T.

3 Q.: THOSE PARTICULAR FILE NAMES ON YOUR SCREEN PRINTS,

4 I THINK IT’S 10 THROUGH 36, ARE THEY ALL PRECEDED BY THE LETTERS

5 IEA?

6 A.: YES.

7 Q.: ARE YOU AWARE OF WHETHER OR NOT IN THE OFFICE

8 COMPUTERS THERE WERE BUSINESS FILES OF MR. WESTERFIELD? AND I’M

9 REFERRING TO DAVID A. WESTERFIELD.

10 A.: YES, THERE WERE.

11 Q.: DID YOU NOTICE THAT THEY HAD THE SAME PREFIX OF

12 IEA?

13 A.: I DON’T KNOW THAT. I DON’T REMEMBER THAT.

14 Q.: WOULDN’T THAT BE IMPORTANT TO KNOW?

15 MR. FELDMAN: OBJECTION, ARGUMENTATIVE.

16 THE COURT: OVERRULED.

17 THE WITNESS: YES.

18

19 BY MR. CLARKE:

20 Q.: BUT YOU DIDN’T LOOK AT THAT?

21 A.: I DIDN’T NOTICE THAT.

22 Q.: AND I’D LIKE TO TURN YOUR ATTENTION NOW TO I THINK

23 IT’S SCREEN PRINT 37 AND 38. PERHAPS YOU CAN REFER TO THAT?

24 A.: OKAY.

25 Q.: IN PARTICULAR, WAS THAT AN IMAGE THAT WAS

26 DOWNLOADED FROM THE INTERNET?

27 A.: WELL, ONE WOULD ASSUME SO.

28 Q.: WELL, WHEN YOU SAY ONE WOULD ASSUME SO, DOES THAT

.

7114

1 MEAN YOU DON’T KNOW?

2 A.: NO, YOU DON’T. I DON’T KNOW THE — WHAT IT’S

3 SHOWING HERE IN THE — ON THESE SCREEN PRINTS IS A FILE PATH

4 THAT THE — THAT THIS PARTICULAR IMAGE WAS IN A FOLDER CALLED MY

5 DOCUMENTS, MOVIES, SWING CARTOONS/ANIME’ PIC/ANNEX IEA 18756 DOT

6 GIF. SO WITH THE FOLDER THAT IT’S IN, I CAN’T TELL WHERE IT

7 CAME FROM. IF IT WAS IN A TEMPORARY INTERNET FILE FOLDER, FOR

8 INSTANCE, THEN I WOULD MORE STRONGLY SAY IT VERY LIKELY CAME

9 FROM THE INTERNET.

10 Q.: SO THIS MAY NOT EVEN HAVE BEEN DOWNLOADED FROM THE

11 INTERNET, CORRECT?

12 A.: THAT’S POSSIBLE. IT COULD HAVE COME FROM E-MAIL OR

13 FROM A CD, FOR INSTANCE, THAT SOMEBODY GAVE SOMEBODY ELSE, COULD

14 HAVE AN IMAGE ON IT THAT YOU COULD DOWNLOAD IT ON YOUR COMPUTER.

15 Q.: ALL RIGHT.

16 I BELIEVE YOU DESCRIBED DURING DIRECT EXAMINATION

17 THAT THIS IMAGE WAS — I THINK YOU SAID WOULD IT BE LAST

18 ACCESSED ON DECEMBER 17TH OF 2001?

19 A.: YES.

20 Q.: WHEN WAS IT CREATED?

21 A.: 12/17/01.

22 Q.: WHEN WAS IT LAST WRITTEN?

23 A.: 4/22/99.

24 Q.: OVER THREE YEARS AGO?

25 A.: CORRECT.

26 Q.: WHAT ABOUT NUMBER 38, THE NEXT ONE?

27 A.: SAME DATES BUT WITH THE LAST WRITTEN DATE OF

28 4/20/99.

.

7115

1 Q.: OVER THREE YEARS AGO?

2 A.: YES.

3 Q.: “LAST WRITTEN” MEANS WHAT?

4 A.: USUALLY MEANS THE LAST DAY THAT THE FILE WAS —

5 SOMEHOW CHANGED, MANIPULATED IN SOME WAY WITH AN IMAGE FILE THAT

6 CAN BE RESIZED WITH A TEXT FILE. IT CAN BE ADDING NEW TEXT TO A

7 FILE AND CLOSING IT.

8 Q.: ALL RIGHT.

9 EACH OF THE FILES THAT YOU DESCRIBED IN YOUR SCREEN

10 PRINTS, 37 AND 38, DO EITHER OF THEM HAVE THE IEA PREFIX?

11 A.: YES.

12 Q.: ONE OF THEM?

13 A.: NO, THEY BOTH DO.

14 Q.: NOW YOU TALKED ABOUT VARIOUS E-MAILS, CORRECT?

15 A.: CORRECT.

16 Q.: NOW, I BELIEVE AT LEAST IN ONE INSTANCE EITHER YOU

>

17 OR MR. FELDMAN USED THE TERM “PORN SURFING”?

18 A.: YES.

19 Q.: WAS THAT YOUR TERM?

20 A.: I DON’T RECALL. IT MAY HAVE BEEN.

21 Q.: IS THAT THE SAME AS — WELL, IT’S SURFING ON THE

22 INTERNET, IS THAT RIGHT?

23 A.: CORRECT.

24 Q.: OKAY.

25 WELL, AS FAR AS THE — I THINK YOU DESCRIBED IN

26 SOME OF THE SCREEN PRINTS AN E-MAIL FROM PINK FOR FREE DOT COM?

27 A.: YES, SIR.

28 Q.: DO YOU RECALL THAT?

.

7116

1 A.: YES, SIR.

2 Q.: ARE THOSE SCREEN PRINTS DUPLICATED? IN OTHER

3 WORDS, REVEALED MORE THAN ONCE OF THE SAME SCREEN PRINT IN THE

4 HUNDRED AND WHATEVER NUMBER SCREEN PRINTS YOU HAD?

5 A.: I’M NOT SURE I UNDERSTAND YOUR QUESTION.

6 Q.: OKAY. I THINK YOU DESCRIBED A SPECIFIC E-MAIL FROM

7 PINK FOR FREE DOT COM. DO YOU RECALL THAT?

8 A.: YES.

9 Q.: AND I THINK YOU DESCRIBED THAT AS A DATE OF

10 DECEMBER 13TH, 2001.

11 DO YOU RECALL THAT?

12 A.: YES.

13 Q.: IS THAT E-MAIL DUPLICATED? IN OTHER WORDS, THE

14 SAME EXACT SCREEN PRINT IN MORE THAN ONE LOCATION IN YOUR

15 EXHIBITS — SCREEN PRINTS, I’M SORRY?

16 A.: I THINK THE SCREEN PRINTS WERE PINK FOR FREE. AS I

17 RECALL, THEY WERE IN THESE — THEY’RE INCLUDED IN THE NOTEBOOK A

18 COUPLE TIMES.

19 Q.: THE SAME E-MAIL?

20 A.: OH, I DON’T KNOW THAT.

21 Q.: OKAY. LET’S TAKE A LOOK IF WE CAN, YOUR SCREEN

22 PRINTS, AND I BELIEVE IT’S 42 THROUGH 47, DO YOU HAVE THOSE

23 HANDY?

24 A.: I’LL FIND THEM.

25 OKAY.

26 Q.: NOW, THIS WAS THE E-MAIL THAT WAS FROM THE EDITOR

27 AT NEWSLETTER DOT PINK FOR FREELY DOT COM, IS THAT RIGHT?

28 A.: CORRECT.

.

7117

1 Q.: ON DECEMBER 13TH, 2001?

2 A.: UM-HMM.

3 Q.: IS THAT RIGHT?

4 A.: MY BOOK’S UPSIDE DOWN, SORRY.

5 ON 12/13/01, IS THAT WHAT YOU ASKED?

6 Q.: YES.

7 A.: YES.

8 Q.: WHAT’S A NEWSLETTER?

9 A.: WELL, IN THIS CASE IT’S A —

10 MR. FELDMAN: OBJECTION, IRRELEVANT AND OUT OF CONTEXT.

11 THE COURT: OVERRULED.

12 YOU CAN ANSWER.

13 THE WITNESS: IN THIS CASE, IT’S — I DON’T KNOW WHAT

14 OTHER PHRASE TO USE OTHER THAN NEWSLETTER TO DESCRIBE IT. IT’S

15 A DESCRIPTION OF DIFFERENT SITES THAT CAN BE VISITED THROUGH THE

16 PINK FOR FREE DOT COM WEB SITE. IT’S LIKE AN ANNOUNCEMENT OF

17 THESE THINGS ARE AVAILABLE BY COMING HERE TODAY.

18 Q.: ALL RIGHT.

19 AND IT GIVES ONE THE OPPORTUNITY AT DIFFERENT

20 PLACES THAT ARE CONTAINED ON THE NEWSLETTER?

21 A.: CORRECT.

22 Q.: USING A MOUSE OF ONE’S COMPUTER?

23 A.: CORRECT.

24 Q.: HOW MANY OF THOSE SITES DID THAT PERSON FLICK ON

25 WHEN THAT PERSON GOT THAT PIECE OF MAIL AND OPENED IT THAT WERE

26 CONTAINED IN THE NEWSLETTER?

27 A.: I KNOW ON THIS DATE I DIDN’T HAVE ANY SCREEN PRINTS

28 SHOWING ANY. THAT DOESN’T MEAN THAT THEY DIDN’T. I JUST DON’T

.

7118

1 FIND ANY EXAMPLES OF IT.

2 Q.: WERE YOU LOOKING FOR ‘EM?

3 A.: OH, I PROBABLY DID, YEAH.

4 Q.: DIDN’T FIND ANY?

5 A.: NO.

6 Q.: SO IS IT CORRECT THAT IT APPEARS FROM YOUR

7 EXAMINATION THAT NO ONE EVEN CLICKED ON ANY OF THOSE WEB SITES?

8 A.: ON THIS PARTICULAR DAY?

9 Q.: THIS DECEMBER 13TH, 2001 NEWSLETTER FROM PINK FOR

10 FREE DOT COM?

11 A.: I’M NOT FINDING — I DIDN’T FIND ANY EXAMPLES OF

12 CLICKING ON ANY OF THESE LINKS ON 12/13.

13 Q.: BUT YOU HAD NO EVIDENCE TO SUPPORT THAT ANYONE EVER

14 DID?

15 A.: NO.

16 Q.: NO MEANING WHAT?

17 A.: THAT —

18 Q.: DO YOU HAVE ANY EVIDENCE TO SUPPORT ANYONE CLICKING

19 ON ANY OF THOSE LINKS ON THAT PARTICULAR NEWSLETTER?

20 A.: ON THIS PARTICULAR DAY, NO, I DON’T.

21 THE COURT: OKAY, LADIES AND GENTLEMEN, WE’RE GOING TO GO

22 AHEAD AND TAKE THE LUNCH BREAK.

23 PLEASE REMEMBER THE ADMONITION OF THE COURT NOT TO

24 DISCUSS ANY OF THE EVIDENCE OR TESTIMONY AMONG YOURSELVES OR

25 WITH OTHERS, NOR FORM OR EXPRESS ANY OPINIONS ON THE CASE UNTIL

26 IT IS SUBMITTED TO YOU FOR DECISION.

27 HAVE A PLEASANT LUNCH. WE’LL SEE YOU AT HALF PAST

28 1:00. 1:30.

.

7119

1 (AT 12:00 P.M. THE JURY WAS EXCUSED
AND THE FOLLOWING PROCEEDINGS WERE HAD:)
2

3 THE COURT: OKAY. MR. LAWSON, YOU CAN GO HAVE LUNCH OR

4 WHATEVER YOU WANT TO DO, OR WHATEVER MR. FELDMAN WANTS TO HAVE

5 YOU DO. I NEED TO TALK TO THE LAWYERS.

6 ALL RIGHT. MR. CLARKE, I’LL HEAR FROM YOU FIRST

7 AND I’LL HEAR FROM MR. FELDMAN AND THEN I’M GOING TO TALK.

8 MR. CLARKE: OBVIOUSLY, WE WISH DISCOVERY OF WHAT WE

9 APPARENTLY HAVE NOT BEEN PROVIDED AND, DEPENDING ON WHAT THAT

10 DISCOVERY IS, THEN WE’LL HAVE TO PERHAPS ADDRESS THE COURT ABOUT

11 WITNESS SCHEDULING.

12 THE COURT: ALL RIGHT.

13 MR. FELDMAN.

14 MR. FELDMAN: WE’VE PROVIDED DISCOVERY, YOUR HONOR. WE

15 HAVE BATES STAMPED COPIES OF WHAT WE’VE PROVIDED. THAT WAS WHY

16 I WAS OBJECTING. THE CROSS-EXAMINATION, IN OUR VIEW, WAS

17 MISLEADING TO THE BEST OF MY KNOWLEDGE. AND IN FACT, I WENT SO

18 FAR AS TO FILE WITH YOUR COURT A NOTICE OF DISCOVERY COMPLIANCE

19 OR WHATEVER I CALLED IT LAST WEEK. ON THIS ONE WE WERE CAREFUL,

20 JUDGE. TO THE BEST OF MY KNOWLEDGEK —

21 THE COURT: I DIDN’T SEE ANY RAW NOTES. WE’RE TALKING

22 ABOUT RAW NOTES, MR. FELDMAN.

23 MR. FELDMAN: NO, NO. WE HAVE TWO PAGES. THEY’RE TWO

24 PAGES BATES STAMPED 931 AND 932. THAT’S ALL I’M AWARE OF.

25 THE COURT: SO MR. FELDMAN, YOU’RE SIMPLY REPRESENTING TO

26 ME THAT’S ALL YOU GOT, RIGHT?

27 MR. FELDMAN: YES, SIR.

28 THE COURT: MR. CLARKE.

.

7120

1 MR. CLARKE: SURE SOUNDS LIKE MORE, YOUR HONOR. I DON’T

1 RECALL SEEING THOSE. THEY MAY HAVE BEEN PROVIDED BUT I KNOW I

1 HAVEN’T SEEN FOUR TO FIVE PAGES OF NOTES.

4 THE COURT: ALL RIGHT.

5 MR. FELDMAN, YOU MEET WITH YOUR EXPERT OVER THE

6 LUNCH HOUR, SHOW HIM THE PAGES YOU’VE GOT AND THE ONES THAT

7 YOU’VE DISCLOSED. IF THERE’S MORE THAN THAT, DISCLOSE ‘EM.

8 MR. FELDMAN: OF COURSE.

9 THE COURT: DO THEY LOOK FAMILIAR, MR. CLARKE?

10 MR. CLARKE: IF I CAN JUST TAKE A MOMENT I’LL TELL YOU.

11 THEY DO NOT. BUT AGAIN, I CAN’T GUARANTEE THE

12 COURT WE HAVE NOT RECEIVED THEM.

13 THE COURT: ALL RIGHT. THEN WE’LL MAKE COPIES OF THOSE

14 TWO PAGES BEFORE WE BREAK FOR LUNCH.

15 OKAY. WHAT I NEEDED TO TALK TO YOU ABOUT IS WE

16 HAVE FORGOTTEN IN OUR SCHEDULING PROCESS ONE OF THE JURORS WHO

17 HAS A RESCHEDULED MEDICAL APPOINTMENT FOR ALL DAY NEXT FRIDAY

18 THE 12TH, AND HAD MOVED THE APPOINTMENT TO THE INITIAL

19 EXAMINATION ON THURSDAY AT 11:30.

20 IT APPEARS TO ME — THAT JUROR INCIDENTALLY HAS

21 WRITTEN A NOTE SAYING TIME OUT. I WENT THROUGH ALL THIS TROUBLE

22 TO GET THIS DOCTOR’S APPOINTMENT SET ON THE 12TH. SO I’M AFRAID

23 AT MOST WE ARE GOING TO HAVE THE MORNING SESSION ON THE 11TH.

24 SO I’M JUST ALERTING YOU TO THE FACT THAT I’M GOING TO LET THAT

25 JUROR KNOW WHEN WE COME BACK FROM LUNCH THAT SHE’LL BE ABLE TO

26 MAKE THE APPOINTMENT.

27 SHE EMPHASIZED AGAIN HOW CRITICAL IT IS TO HER,

28 NUMBER ONE, BUT NUMBER TWO, HOW DIFFICULT IT WAS TO GET THE

.

7121

1 APPOINTMENT. SO, AT ANY RATE, I JUST WANTED TO LET YOU KNOW. I

1 DON’T KNOW HOW THAT FITS INTO THE TIME SCHEDULE OR WHERE WE’RE

1 AT, BUT IT LOOKS LIKE NEXT THURSDAY WILL BE AT MOST A HALF DAY

4 AND WE WILL BE DARK FRIDAY.

5 MR. FELDMAN: YES, YOUR HONOR.

6 THE COURT: OKAY. WE’LL BE IN RECESS TILL 1:30.

7 (AT 12:04 P.M. THE NOON RECESS WAS
TAKEN UNTIL 1:30 P.M. OF THE SAME DAY.)
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03073 - July 3rd 2002 - Transcript of David Westerfield Trial Day 16 - afternoon 1
03071 - July 3rd 2002 - Transcript of David Westerfield Trial Day 16 - morning 1