09072 – July 9th 2002 – Transcript of David Westerfield Trial Day 18 – morning 2

TRIAL DAY 18 – PART 2 morning 2


SAN DIEGO, CALIFORNIA, TUESDAY, JULY 9, 2002, (morning 2)


WITNESSES:
Michael J. Fisher (interrogation specialist with San Diego police dept, interviewed Denise Kemal)

Timothy Cameron Hall (police detective, interrogation specialist, interviewed Brenda Van Dam)
Jeffrey Graham (testified about fingerprints at the Van Dam’s house)
Christina Gonzales (daughter of Suzan L. ex-Westerfield’s girl friend, testified about her relationship with Westerfield)
Stephanie Escadero (friend of Westerfield, testified about his motor home)


7592

1 THE COURT: IN THE WESTERFIELD MATTER, THE RECORD WILL

2 REFLECT THE APPEARANCE OF MR. WESTERFIELD AND COUNSEL. THE

3 MEDIA AND PUBLIC ARE OUTSIDE.

4 MR. BOYCE: YOUR HONOR, THE NEXT WITNESS IS MR. FISHER

5 WHO IS THE — HE’S THE POLYGRAPH OPERATOR, THE INTERROGATION

6 SPECIALIST, AND HE INTERVIEWED MS. KEMEL ON FEBRUARY 3RD.

7 MS. KEMEL TESTIFIED THAT SHE TOLD GRBAC ON FEBRUARY

8 3RD. WELL, GRBAC DIDN’T INTERVIEW HER ON FEBRUARY 3RD. SHE’S

9 GOT GRBAC AND FISHER MIXED UP. FISHER’S THE PERSON SHE SPOKE

10 WITH ON FEBRUARY 3RD, AND SHE TOLD GRBAC ON FEBRUARY 3RD THAT

11 DAVID WESTERFIELD HAD SAID THAT HE LEFT THE BAR AT 9 O’CLOCK ON

12 FEBRUARY 1. SHE TOLD ONE OF THE POLICE OFFICERS THAT DAVID

13 WESTERFIELD TOLD HER ON FEBRUARY 2 HE LEFT THE BAR AT 9 O’CLOCK

14 ON FEBRUARY 1. THAT’S ONE OF THE REASONS WE’RE CALLING MR.

15 FISHER, IS FOR HIM TO SAY THAT DURING HIS INTERVIEW SHE DID NOT

16 MENTION DAVID WESTERFIELD.

17 THE OTHER REASON IS THAT SHE TOLD MR. FISHER THAT

18 DAMON DID NOT COME DOWNSTAIRS WHEN THEY RETURNED FROM DAD’S THAT

19 NIGHT, AND THAT BARBARA ONLY CAME DOWNSTAIRS AT THE POINT THAT

20 THEY WERE LEAVING THE VAN DAMS’. THOSE THREE THINGS. AND THOSE

21 ARE INCONSISTENT WITH HER TESTIMONY.

22 THE COURT: ALL RIGHT.

23 MR. DUSEK: THE FAILURE TO SAY SOMETHING IS NOT

24 INCONSISTENT WITH WHAT SHE SAID ON THE STAND. IT ASSUMES THAT

25 SHE WAS ASKED THOSE QUESTIONS AND SAID SOMETHING DIFFERENTLY.

26 THERE’S NO INDICATION THAT SHE WAS ASKED ABOUT THAT. THAT

27 WASN’T THE FOCUS OF THIS INTERVIEW.

28 THE COURT: WELL, WHAT SPECIFICALLY DID SHE SAY

.

7593

1 VIS-A-VIS, LET’S TAKE THAT MR. VAN DAM COMING DOWN THE STAIRS OR

2 NOT COMING DOWN?

3 MR. BOYCE: SHE SAYS THAT SHE TESTIFIED THAT RICH, KEITH,

4 DENISE, BRENDA, BARBARA AND DAMON ATE PIZZA IN THE KITCHEN.

5 THIS IS IN REFERENCE TO WHEN THEY RETURNED FROM DAD’S. SHE SAW

6 DAMON WHEN BRENDA AND DENISE WERE IN THE GARAGE CLOSING THE

7 DOOR. DAMON WAS STANDING IN THE DOORWAY TO THE HOUSE.

8 THE COURT: NOW, IS THAT HER TESTIMONY OR —

9 MR. BOYCE: THAT’S HER TESTIMONY.

10 THE COURT: ALL RIGHT.

11 MR. BOYCE: SHE’S ALSO INCONSISTENT IN HER TESTIMONY

12 BECAUSE I BELIEVE — WELL, SHE’S ASKED WAS HE WITH YOU WHEN YOU

13 GUYS WERE EATING THE PIZZA. I DON’T RECALL SEEING HIM THERE BUT

14 I’M SURE THAT HE WAS. BUT SHE DOES TESTIFY BEFORE THAT THAT SHE

15 REMEMBERS WHEN THEY RETURNED FROM DAD’S, AND WHEN THEY’RE IN THE

16 GARAGE CLOSING THE DOOR SHE TURNS AROUND AND SHE REMEMBERS

17 SEEING DAMON STANDING IN THE DOORWAY, AND THAT EARLIER SHE SAYS

18 THAT DAMON CAME DOWN AND ATE PIZZA WITH THEM.

19 BUT SHE TOLD GRBAC, WHO WAS THE PERSON THAT JUST

20 WAS LET OFF THE STAND, AND MR. FISHER WHO IS COMING ON, THAT SHE

21 WAS — THAT DAMON NEVER CAME DOWNSTAIRS WHEN THEY CAME BACK FROM

22 DAD’S.

23 THE COURT: SHE MADE AN AFFIRMATIVE STATEMENT TO THAT OR

24 IS IT THE NEGATIVE THAT I’M HEARING FROM THE PEOPLE?

25 MR. BOYCE: NO. THERE’S TWO DIFFERENT AREAS THAT WERE

26 CROSS — THAT WE’RE INQUIRING ABOUT. THE FIRST AREA IS WHETHER

27 OR NOT SHE MENTIONED MR. WESTERFIELD AT ALL TO EITHER GRBAC OR

28 FISHER. WELL, TO FISHER IN THIS CASE. SHE DID NOT MENTION MR.

.

7594

1 WESTERFIELD.

2 THE SECOND AREA OF INQUIRY —

3 THE COURT: WAS SHE ASKED?

4 MR. BOYCE: WAS SHE ASKED IF SHE MENTIONED MR.

5 WESTERFIELD?

6 THE COURT: NO. WAS SHE ASKED ANYTHING ABOUT MR.

7 WESTERFIELD?

8 MR. BOYCE: SHE WAS ASKED WHO SHE MET AT THE BAR. SHE

9 WAS ASKED AND THEY WERE INQUIRING INTO ANYTHING OF A SUSPICIOUS

10 NATURE AT ALL. SHE TEST — AND SHE DIDN’T MENTION WESTERFIELD,

11 MEETING WESTERFIELD AT THE BAR.

12 BUT WHEN SHE TESTIFIED, SHE TESTIFIED THAT MR. —

13 SHE SAW MR. WESTERFIELD AT THE BAR. MR. WESTERFIELD WAS CREEPY.

14 FIRST TIME SHE SAID MR. WESTERFIELD WAS CREEPY WE OBJECTED AND

15 IT WAS STRUCK, AND APPARENTLY SHE SAID HE WAS CREEPY AGAIN

16 DURING HER TESTIMONY AND WE MISSED IT, AND THE JURY HEARD IT

17 AGAIN.

18 THE COURT: ALL RIGHT.

19 IF SHE WAS ASKED A QUESTION WHO DID YOU SEE AT THE

20 BAR AND SHE NAMES PERSONS AND DOESN’T NAME WESTERFIELD, THAT’S

21 AN INCONSISTENT STATEMENT.

22 MR. DUSEK: ASSUMING SHE KNEW HIS NAME AT THAT TIME.

23 I HAVE NOT HEARD ANY REPRESENTATIONS FROM THE

24 DEFENSE THAT SHE WAS ASKED ABOUT DAVID WESTERFIELD AT ALL.

25 REPRESENTATIONS I RECEIVED FROM THE POLYGRAPHER IS THAT HE SPENT

26 HIS TIME FOCUSING ON THE PEOPLE COMING BACK TO THE HOUSE AND

27 WITH ASKING THEIR ACTIVITIES, NOT ANYONE ELSE.

28 THE COURT: WELL, AND IT DOESN’T APPEAR THERE’S AN

.

7595

1 INCONSISTENT STATEMENT REGARDING DAMON VAN DAM FROM WHAT YOU’VE

2 READ TO ME.

3 MR. BOYCE: NO. THERE IS BECAUSE SHE SAID SHE SAW DAMON

4 VAN DAM. WHEN THEY CAME BACK FROM DAD’S SHE SAW DAMON VAN DAM

5 DOWNSTAIRS. THAT’S WHAT SHE TESTIFIED TO. IT’S AMBIGUOUS ABOUT

6 WHETHER SHE SAW HIM EATING PIZZA OR NOT. SHE TESTIFIES AT ONE

7 TIME "HE ATE PIZZA WITH US" AND ANOTHER TIME SHE SAYS "I WAS

8 SURE HE WAS THERE BUT I DIDN’T SEE HIM ACTUALLY EATING PIZZA."

9 BUT SHE DOES SAY SHE SAW HIM DOWNSTAIRS WHEN THEY CAME BACK FROM

10 DAD’S WHEN SHE TESTIFIED. WHEN SHE SPOKE TO FISHER SHE SAYS

11 DAMON DID NOT COME DOWNSTAIRS.

12 THE COURT: I THOUGHT YOU READ TO ME ALL THIS STUFF ABOUT

13 HAVING PIZZA, SEEING HIM AT THE DOOR. I MEAN, DIDN’T YOU READ

14 THAT TO ME RIGHT OUT OF — I MEAN, IS IT HER TESTIMONY OR —

15 MR. BOYCE: THAT’S HER TESTIMONY.

16 THE COURT: WELL, TELL ME EXACTLY WHAT IN THE TRANSCRIPT

17 OF FISHER’S INTERVIEW, THE QUESTION DID YOU SEE DAMON VAN DAM

18 OR, I MEAN, IS THERE SOMETHING THAT FOCUSES ON WHETHER OR NOT

19 SHE’S GIVEN AN OPPORTUNITY TO SAY SHE EITHER SAW HIM OR DIDN’T

20 SEE HIM? IN THE INTERVIEW, NOT HER TESTIMONY.

21 MR. BOYCE: IN THE INTERVIEW. IN THE INTERVIEW SHE

22 SAYS — IN THE INTERVIEW SHE IS ASKED "DID DAMON COME

23 DOWNSTAIRS?"

24 "ANSWER: NO, HE DIDN’T COME DOWN AT ALL."

25 THE COURT: ALL RIGHT THERE YOU GO.

26 MR. BOYCE: THEN THE INTERVIEWER SAYS "OKAY." AND DENISE

27 SAYS "I DO KNOW THAT."

28 THE COURT: ALL RIGHT. THERE’S THE QUESTION, AND THAT’S

.

7596

1 INCONSISTENT WITH WHAT SHE TESTIFIED TO.

2 ALL RIGHT. NOW, WHAT WAS THE THIRD THING?

3 MR. BOYCE: THE THIRD THING IS THAT BARBARA DID NOT COME

4 DOWN UNTIL THEY WERE READY TO LEAVE AND THAT BARBARA DIDN’T EAT

5 PIZZA WITH THEM. THE INFERENCE BEING THAT BARBARA AND DAMON

6 WERE UPSTAIRS THIS WHOLE TIME AND THAT NOT UNTIL DENISE LEAVES

7 THE HOUSE DOES BARBARA COME DOWN AND THEY LEAVE. WELL, THAT’S

8 WHAT SHE TOLD FISHER.

9 THE COURT: ALL RIGHT. INCONSISTENT — I UNDERSTAND

10 THAT’S INCONSISTENT WITH WHAT SHE TESTIFIED TO.

11 NOW, THE ONLY PROBLEM I’VE GOT WITH NOT MENTIONING

12 DAVID IS THE POINT RAISED WHETHER SHE EVEN KNEW WHO HE WAS OR

13 WHAT HIS NAME WAS.

14 I’M NOT LOOKING AT HER TESTIMONY. I’M LOOKING AT

15 WHAT SHE KNEW AT THE TIME SHE WAS INTERVIEWED BY FISHER TO KNOW

16 WHETHER OR NOT WE’VE GOT AN INCONSISTENT STATEMENT OR NOT.

17 MR. BOYCE: OKAY. WELL, THIS IS WHAT SHE’S ASKED BY

18 FISHER.

19 ALL RIGHT. THEY’RE ALL THERE. "YOU GUYS LEAVE AND

20 GO TO DAD’S," THAT’S THE INTERVIEWER. SHE SAYS "YES." THE

21 INTERVIEWER THEN SAYS "OKAY, ANYTHING LOOK UNUSUAL?" KEMEL:

22 "NO." INTERVIEWER: "OUT OF PLACE?" KEMEL: "I WAS — I WAS

23 MORE OBSERVANT." INTERVIEWER: "THAT’S ALL RIGHT."

24 AND FROM THAT POINT ON SHE DOESN’T MENTION DAVID

25 WESTERFIELD. YET HER TESTIMONY WAS SHE SAW WESTERFIELD, HE WAS

26 CREEPY AT THE BAR.

27 THE COURT: THAT’S NOT INCONSISTENT.

28 SO YOU CAN DO THE THING ABOUT DAMON NOT COMING

.

7597

1 DOWN. YOU CAN GO INTO THE AREA OF BARBARA NOT COMING DOWN TILL

2 THEY WERE READY TO LEAVE. BUT UNLESS YOU’VE GOT SOMETHING MORE,

3 THERE’S NO OPPORTUNITY TO TALK ABOUT DAVID WESTERFIELD THAT YOU

4 QUOTED TO ME, SO WE WON’T GET INTO THAT AREA, OKAY.

5 NOW WHAT ELSE?

6 MR. BOYCE: SHE DOES SAY THAT SHE’S TALKING TO PEOPLE AT

7 THE BAR. SHE’S TALKING TO BRENDA AND BARB. SHE MENTIONS RICH

8 AND KEITH AT THE BAR BUT SHE DOESN’T SAY ANYTHING ABOUT DAVID

9 WESTERFIELD AT THE BAR.

10 THE COURT: ALL RIGHT. THAT’S A NEGATIVE, NOT AN

11 ASSERTION. SO YOU DON’T GO INTO THAT AREA. I’LL ALLOW YOU TO

12 GO INTO THE OTHER TWO.

13 CIRCLE THE WAGONS.

14 MR. FELDMAN: JUDGE?

15 THE COURT: YES.

16 MR. FELDMAN: I’M SORRY. BEFORE THE JURY.

17 THE COURT: ALL RIGHT.

18 MR. FELDMAN: THERE MIGHT BE ANOTHER WITNESS.

19 MR. BOYCE: WE’VE GOT ANOTHER, HALL, ONE OF THE OTHER

20 INTERVIEW INTERROGATION SPECIALISTS, IS GOING TO COME IN, AND

21 VERY BRIEFLY, I JUST HAVE TWO QUESTIONS FOR HIM ON HIS INTERVIEW

22 WITH BRENDA. AND THAT IS, NUMBER ONE, THAT SHE TOLD HIM THE DOG

23 SCRATCH INCIDENT OCCURRED ON TUESDAY. SHE TESTIFIED IT WAS

24 WEDNESDAY. THAT PUTS IT ANOTHER DAY EARLIER.

25 AND THE OTHER INCONSISTENCY IS SHE TESTIFIED SHE

26 CHECKED THE SLIDER AND IT WAS LOCKED. WHAT SHE TOLD HALL WAS

27 SHE KNEW THE SLIDER WAS CLOSED, BUT SHE DIDN’T KNOW ONE WAY OR

28 THE OTHER WHETHER IT WAS LOCKED.

.

7598

1 THE COURT: TWO QUESTIONS.

2 MR. DUSEK: WE’LL DO IT JUST TO SAVE TIME.

3 THE COURT: ALL RIGHT.

4 OKAY.

5 MR. FELDMAN: THANK YOU.

6 (AT 10:30 A.M. THE JURY ENTERED THE COURTROOM
AND THE FOLLOWING PROCEEDINGS WERE HAD:)
7

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

9 DETECTIVE GRBAC MAY OR MAY NOT BE BACK. WE DON’T

10 KNOW AT THIS POINT IN TIME. WE’RE GOING TO MOVE ON TO ANOTHER

11 WITNESS. I APOLOGIZE FOR THE DELAY.

12 ALL RIGHT, MR. BOYCE.

13 MR. BOYCE: CALL OFFICER FISHER.

14 THE COURT: ALL RIGHT.

15

16 -MICHAEL J. FISHER, SR., +

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

18

19 THE COURT: PLEASE HAVE A SEAT.

20 THE WITNESS: THANK YOU, YOUR HONOR.

21 THE CLERK: SIR, PLEASE STATE YOUR NAME AND SPELL IT FOR

22 THE RECORD.

23 THE WITNESS: MY NAME’S MICHAEL JAMES FISHER, SR. THAT’S

24 F-I-S-H-E-R.

25

26 DIRECT EXAMINATION +

27 BY MR. BOYCE:

28 Q.: GOOD AFTERNOON, SIR. WHAT IS YOUR OCCUPATION?

.

7599

1 A.: I’M AN INTERVIEW AND INTERROGATION SPECIALIST WITH

2 THE SAN DIEGO POLICE DEPARTMENT.

3 Q.: AND WERE YOU SO EMPLOYED ON FEBRUARY 3RD OF 2002?

4 A.: YES, SIR.

5 Q.: DID YOU BECOME INVOLVED IN THE INVESTIGATION INTO

6 THE DISAPPEARANCE OF DANIELLE VAN DAM?

7 A.: YES, SIR.

8 Q.: DID YOU — AS A RESULT OF THAT DID YOU INTERVIEW A

9 PERSON BY THE NAME OF DENISE KEMEL?

10 A.: YES, I DID.

11 Q.: DID THAT INTERVIEW OCCUR ON FEBRUARY 3, 2002.

12 A.: YES, AT THE NORTHWESTERN PRECINCT.

13 Q.: APPROXIMATELY WHAT TIME?

14 A.: OH, JUST AFTER 1 O’CLOCK IN THE AFTERNOON.

15 Q.: DURING THAT INTERVIEW DID YOU ASK MS. KEMEL SOME

16 QUESTIONS ABOUT WHAT OCCURRED AFTER SHE AND HER FRIENDS RETURNED

17 FROM DAD’S CAFE THE PREVIOUS — THE PREVIOUS EVENING?

18 A.: RETURNED TO THE VAN DAM HOME?

19 Q.: YES.

20 A.: OKAY. YES, I DID.

21 Q.: WHEN I’M REFERRING TO THE PREVIOUS EVENING, I MEAN

22 THE EVENING BETWEEN FEBRUARY 1ST AND FEBRUARY 2ND?

23 A.: CORRECT.

24 Q.: AND DID SHE TELL YOU THAT WHEN THEY RETURNED AND

25 DURING THE PERIOD THAT THEY SPENT AT THE VAN DAM’S HOUSE AFTER

26 RETURNING FROM DAD’S CAFE THAT DAMON VAN DAM NEVER CAME

27 DOWNSTAIRS?

28 A.: SHE COULD NOT RECALL SEEING HIM DOWNSTAIRS , NO.

.

7600

1 Q.: WELL,, DID YOU ASK HER DID DAMON COME DOWNSTAIRS

2 AND DID SHE ANSWER NO, HE DIDN’T COME DOWN AT ALL?

3 A.: YES. I THINK SHE ALSO AT ONE TIME CHARACTERIZED IT

4 AS NOT BEING ABLE TO REMEMBER HIM BEING DOWNSTAIRS.

5 Q.: WELL, DID SHE ALSO SAY AFTER SHE SAID HE DIDN’T

6 COME DOWN AT ALL, "I DO KNOW THAT"?

7 A.: YES, AT ONE POINT SHE DID.

8 Q.: WAS THIS INTERVIEW TAPE-RECORDED?

9 A.: YES, SIR, IT WAS.

10 Q.: SHOWING YOU A PAGE OF A TRANSCRIPT, IF YOU COULD

11 READ THE HIGHLIGHTED — FIRST FOUR HIGHLIGHTED LINES TO

12 YOURSELF?

13 A.: (WITNESS COMPLYING.)

14 Q.: FIRST THREE HIGHLIGHTED LINES TO YOURSELF?

15 A.: OKAY.

16 Q.: DO YOU RECALL ASKING HER DID DAMON COME DOWNSTAIRS

17 AND MS. KEMEL ANSWERING NO, HE DIDN’T COME DOWN AT ALL?

18 MR. DUSEK: OBJECTION, NO FOUNDATION TO THE TRANSCRIPT.

19 THE COURT: OVERRULED.

20 YOU MAY ANSWER.

21 THE WITNESS: YES. I ASKED HER THAT.

22

23 BY MR. BOYCE:

24 Q.: AND SHE SAID NO, HE DIDN’T COME DOWN AT ALL AND

25 THEN SAID I DO KNOW THAT?

26 A.: YES, SIR, AT THAT POINT IN THE INTERVIEW. I THINK

27 SHE LATER QUALIFIED THAT.

28 Q.: WELL, SHE QUALIFIED IT WHEN SHE SAID THAT SOMEBODY

.

7601

1 TOLD HER THAT HE WAS EATING PIZZA WITH THEM?

2 A.: YES. SHE — SHE HAD QUESTIONS ABOUT WHAT SHE SAID,

3 YES.

4 Q.: SHE ALSO TOLD YOU THAT BARBARA, ONE OF HER

5 COMPANIONS, DID NOT COME DOWN UNTIL IT WAS TIME TO LEAVE, DIDN’T

6 SHE?

7 A.: YES.

8 Q.: AND THAT BARBARA DIDN’T ENGAGE IN EATING PIZZA WITH

9 THEM?

10 A.: THAT’S CORRECT.

11 Q.: AND THAT THEY HAD LEFT IMMEDIATELY AFTER THAT?

12 A.: THAT’S RIGHT.

13 MR. BOYCE: I DON’T HAVE ANYTHING FURTHER.

14 THE COURT: ALL RIGHT. CROSS-EXAMINATION?

15

16 CROSS-EXAMINATION +

17 BY MR. DUSEK:

18 Q.: HAVE YOU EVER SEEN THAT PIECE OF PAPER COUNSEL JUST

19 SHOWED YOU?

20 A.: BEFORE TODAY?

21 Q.: YEAH.

22 A.: NO, SIR, I DID NOT.

23 Q.: DID YOU GET A CHANCE TO LISTEN TO THE TAPE OF THE

24 INTERVIEW?

25 A.: YES, SIR, I HAD.

26 Q.: HOW LONG WAS YOUR ENTIRE INTERVIEW?

27 A.: APPROXIMATELY TWO HOURS.

28 Q.: THE WHOLE THING —

.

7602

1 A.: TOTAL TIME.

2 Q.: — THE WHOLE THING WAS TAPED?

3 A.: YES, SIR.

4 Q.: WAS THERE A PURPOSE OF YOUR INTERVIEW ON THAT DAY?

5 MR. FELDMAN: OBJECTION, YOUR HONOR.

6 THE COURT: SUSTAINED.

7

8 BY MR. DUSEK:

9 Q.: WERE YOU ATTEMPTING TO DETERMINE SUSPECTS AT THAT

10 EARLY STAGE?

11 A.: YES, SIR.

12 Q.: WAS THAT THE FOCUS OF YOUR INTERVIEW WITH HER THAT

13 DAY TO TRY TO DETERMINE WHO WAS DOING WHAT?

14 A.: YES, SIR.

15 Q.: DID SHE PROVIDE THE NAMES OF THE PEOPLE THAT WERE

16 AT THE VAN DAM RESIDENCE AFTER DAD’S?

17 A.: YES. YES, SHE DID.

18 Q.: DID SHE WITHHOLD OR APPEAR TO BE HESITANT AT ALL

19 GIVING THOSE NAMES?

20 A.: NO, SHE WAS HELPFUL.

21 Q.: I THINK YOU TOLD US AT ONE POINT SHE DIDN’T THINK

22 DAMON VAN DAM CAME DOWN AND ANOTHER TIME SHE WAS UNCERTAIN, IS

23 THAT RIGHT?

24 MR. FELDMAN: MISSTATES THE EVIDENCE, OBJECTION.

25 THE COURT: SUSTAINED. REPHRASE IT.

26

27 BY MR. DUSEK:

28 Q.: DID TWO TIMES SHE MADE STATEMENTS REGARDING WHETHER

.

7603

1 OR NOT DAMON CAME DOWNSTAIRS?

2 A.: YES. ONE TIME SHE SAID SHE DIDN’T SEE HIM COME

3 DOWN AND THEN SHE DREW QUESTIONS OF WHETHER OR NOT HE DID. IN

4 OTHER WORDS, QUESTIONING HER OWN MEMORY.

5 Q.: ALL RIGHT.

6 BUT YOU FOLLOWED UP ON THAT?

7 A.: YES, SIR.

8 Q.: WHY?

9 A.: SHE SEEMED UNSURE ABOUT IT.

10 Q.: ALL RIGHT.

11 AND TALKING ABOUT BARBARA CAME DOWNSTAIRS SOMETIME

12 BEFORE THEY LEFT THE HOUSE THAT NIGHT —

13 A.: YES.

14 Q.: — DID SHE INDICATE WHETHER OR NOT OR DID YOU ASK

15 HER SPECIFICALLY WHETHER OR NOT BARBARA WAS IN THE KITCHEN AREA

16 EATING PIZZA?

17 A.: SHE MORE OR LESS GAVE ME A VERY OPEN NARRATION OF

18 THE EVENTS IN THE HOUSE AND WHO WAS COMING AND GOING.

19 Q.: ALL RIGHT.

20 A.: AND THE PEOPLE THERE.

21 Q.: DID SHE INDICATE THAT SHE HAD SEEN BARBARA UPSTAIRS

22 WITH DAMON?

23 A.: YES.

24 Q.: SHE TOLD YOU THAT?

25 A.: YES.

26 Q.: DIDN’T HOLD THAT BACK?

27 A.: NO, SIR.

28 Q.: SHE TOLD YOU ABOUT USING MARIJUANA IN THE GARAGE?

.

7604

1 A.: YES, SIR.

2 Q.: DID SHE TELL YOU ABOUT SMOKING THE MARIJUANA AT

3 DAD’S?

4 A.: YES, SIR.

5 MR. DUSEK: THANK YOU, SIR.

6 OH, I’M SORRY.

7 Q.: WHAT NAMES DID SHE SAY WERE IN THE HOUSE?

8 A.: SHE TOLD ME THAT BARBARA EASTON HAD COME FROM THE

9 BAR WITH HER AND WITH MRS. VAN DAM, AND THAT THE PEOPLE THAT SHE

10 COULD RECALL THE FIRST NAMES OF WERE RICH AND KEITH HAD FOLLOWED

11 THEM TO THE HOME AND HAD PIZZA THERE.

12 Q.: AND WHEN YOU SAY SHE COULD RECALL, WERE THOSE THE

13 PEOPLE THAT CAME OR SHE COULD ONLY RECALL THEIR FIRST NAMES?

14 A.: SHE SAID THAT WAS THE ONLY PEOPLE THAT WERE IN THE

15 HOUSE OTHER THAN MR. VAN DAM.

16 MR. DUSEK: THANK YOU, SIR.

17 THE COURT: MR. BOYCE.

18

19 REDIRECT EXAMINATION +

20 BY MR. BOYCE:

21 Q.: SHE DIDN’T MENTION ANYBODY BY THE NAME OF DAVID OR

22 DAVID WESTERFIELD, DID SHE?

23 A.: SHE DID NOT.

24 Q.: DURING YOUR TWO HOUR INTERVIEW IN WHICH YOU WERE

25 TRYING TO DETERMINE SUSPECTS, CORRECT?

26 A.: YES, SIR.

27 Q.: AND WHAT IS UNCERTAIN ABOUT HER RESPONSE WHEN YOU

28 ASKED HER DID DAMON COME DOWNSTAIRS, AND SHE RESPONDS NO HE

.

7605

1 DIDN’T COME DOWN AT ALL, I DO KNOW THAT. WHAT’S UNCERTAIN ABOUT

2 THAT?

3 MR. DUSEK: OBJECTION, ARGUMENTATIVE.

4 THE COURT: OVERRULED.

5 THE WITNESS: NOTHING ABOUT THAT PARTICULAR STATEMENT.

6 MR. BOYCE: NOTHING FURTHER.

7 THE COURT: ALL RIGHT.

8 IS THIS WITNESS TO BE EXCUSED?

9 MR. BOYCE: YES, YOUR HONOR.

10 MR. DUSEK: SURE.

11 THE COURT: ALL RIGHT. THANK YOU FOR COMING IN. PLEASE

12 REMEMBER YOU’RE UNDER AN ADMONITION NOT TO DISCUSS YOUR

13 TESTIMONY UNTIL THE MATTER’S CONCLUDED, OTHER THAN AS IT RELATES

14 TO YOUR OFFICIAL DUTIES. ALL RIGHT.

15 THE WITNESS: THANK YOU, YOUR HONOR.

16 THE COURT: THANK YOU.

17 MR. BOYCE.

18 MR. BOYCE: OFFICER HALL.

19 MR. DUSEK: YOUR HONOR?

20 THE COURT: WHAT’S THAT? THE WHEELCHAIR? OH, THAT’S

21 RIGHT. OKAY.

22 LET’S SEE IF WE CAN GET YOU THROUGH HERE.

23

24 -TIMOTHY C. HALL, +

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

26

27 THE CLERK: PLEASE STATE YOUR NAME AND SPELL IT FOR THE

28 RECORD.

.

7606

1 THE WITNESS: TIMOTHY CAMERON HALL, T-I-M-O-T-HY,

2 C-A-M-E-R-O-N, H-A-L-L.

3

4 DIRECT EXAMINATION +

5 BY MR. BOYCE:

6 Q.: GOOD MORNING, SIR.

7 A.: GOOD MORNING.

8 Q.: WHAT IS YOUR OCCUPATION?

9 A.: I’M A DETECTIVE WITH THE CITY OF SAN DIEGO

10 Q.: CAN YOU TURN YOUR CHAIR A LITTLE BIT AROUND SO THAT

11 THE JURY CAN — THANK YOU.

12 ARE YOU AN INTERROGATION SPECIALIST WITH THE SAN

13 DIEGO POLICE DEPARTMENT?

14 A.: YES, I AM.

15 Q.: DID YOU BECOME INVOLVED IN THE SEARCH FOR DANIELLE

16 VAN DAM?

17 A.: I DIDN’T DO ANY SEARCHING BUT I BECAME INVOLVED IN

18 THIS EVENT, YES.

19 Q.: AND AS A RESULT — WAS THAT IN THE FIRST WEEK OF

20 FEBRUARY?

21 A.: YES, IT WAS.

22 Q.: OF THIS YEAR?

23 A.: YES, ON THE 3RD.

24 Q.: DID YOU INTERVIEW A PERSON BY THE NAME OF BRENDA

25 VAN DAM?

26 A.: YES, I DID.

27 Q.: APPROXIMATELY WHAT TIME WAS THAT INTERVIEW?

28 A.: I BELIEVE IT WAS A LITTLE BIT AFTER 3:00 IN THE

.

7607

1 AFTERNOON.

2 Q.: ON WHAT DAY?

3 A.: THAT WOULD HAVE BEEN THE 3RD OF FEBRUARY THIS YEAR.

4 Q.: HOW LONG DID THAT INTERVIEW LAST, APPROXIMATELY?

5 A.: I’M ESTIMATING NOW. I WOULD SAY ABOUT AN HOUR AND

6 A HALF.

7 Q.: DURING THAT INTERVIEW DID BRENDA VAN DAM TELL YOU

8 THAT HER DAUGHTER DANIELLE HAD SCRATCHED HER LEG? HER LEG HAD

9 BEEN SCRATCHED BY A DOG?

10 A.: AS I RECALL, SHE SAID THAT THE DOG HAD SCRATCHED

11 HER DAUGHTER ON THE BACK. IF I MAY REFER TO MY NOTES.

12 Q.: CERTAINLY.

13 (PAUSE)

14 A.: ACTUALLY, SHE DOESN’T MENTION IN HERE WHERE THE DOG

15 SCRATCHED HER. SHE JUST MENTIONS THAT THE DOG SCRATCHED

16 Q.: SHE SAID THAT DANIELLE HAD BEEN SCRATCHED BY THE

17 DOG ON TUESDAY; IS THAT CORRECT?

18 A.: YES. THAT’S CORRECT.

19 Q.: AND THAT SHE HAD — THAT DANIELLE HAD COMPLAINED

20 QUITE A BIT ABOUT THE DOG SCRATCH, IS THAT RIGHT?

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

22 THE COURT: OVERRULED.

23 YOU CAN ANSWER.

24 THE WITNESS: SHE SAID THAT THE DAUGHTER DID COMPLAIN OF

25 THAT.

26

27 BY MR. BOYCE:

28 Q.: AND YOU ALSO ASKED HER SOME QUESTIONS ABOUT WHAT

.

7608

1 OCCURRED WHEN SHE RETURNED FROM DAD’S BAR ON THE EVENING OF

2 FEBRUARY 1ST?

3 A.: YES.

4 Q.: DID SHE TELL YOU THAT THERE’S A SLIDING GLASS DOOR

5 IN THE BACK OF THEIR HOUSE?

6 A.: YES.

7 Q.: AND THAT THE DOOR WAS CLOSED BUT SHE WASN’T SURE

8 WHETHER OR NOT IT WAS LOCKED?

9 A.: THAT’S CORRECT.

10 MR. BOYCE: I HAVE NOTHING FURTHER, YOUR HONOR.

11 THANK YOU, SIR.

12 THE COURT: ALL RIGHT. CROSS-EXAMINATION.

13

14 CROSS-EXAMINATION +

15 BY MR. DUSEK:

16 Q.: WHEN SHE WAS ASKING OR — ANSWERING YOUR QUESTIONS

17 REGARDING THE SLIDING GLASS DOOR, DID YOU PIN HER DOWN AS TO

18 WHEN SHE HAD CHECKED THE SLIDING DOOR?

19 A.: I DON’T BELIEVE THAT I ASKED FOR A SPECIFIC TIME

20 BUT THIS WAS AROUND THE TIME WHERE THEY CAME HOME, SAW THE

21 FLASHING ALARM LIGHT AND WERE CHECKING THE HOUSE FOR OPEN

22 WINDOWS OR DOORS.

23 Q.: SO THAT’S WHEN SHE WAS REFERRING TO THE SLIDING

24 GLASS DOOR?

25 A.: THAT’S CORRECT.

26 Q.: THAT SHE COULDN’T REMEMBER WAS LOCKED OR UNLOCKED?

27 A.: THAT’S CORRECT.

28 Q.: SHE DID NOT REFER TO IT AT ANY LATER TIME THAT

.

7609

1 EVENING AS TO WHETHER OR NOT SHE CHECKED THE SLIDING GLASS DOOR?

2 A.: THAT’S CORRECT.

3 Q.: AND YOUR INTERVIEW WAS TAPED — TAPE-RECORDED; IS

4 THAT CORRECT?

5 A.: THAT’S CORRECT.

6 Q.: AND AT ANY — DID YOU WRITE A REPORT ABOUT THE

7 INTERVIEW?

8 A.: YES, I DID.

9 Q.: HAS THAT BEEN PROVIDED TO ALL PARTIES?

10 A.: I DON’T KNOW. I PROVIDED IT TO THE DETECTIVES, AND

11 IF THEY PROVIDED TO YOU, I DON’T KNOW.

12 Q.: ANYWHERE IN YOUR REPORT OR ANYWHERE ON THE TAPE IS

13 THERE ANYTHING AT ALL THAT SAYS THAT DANIELLE WAS SCRATCHED ON

14 THE LEG BY A DOG?

15 A.: NO.

16 Q.: AND AT THAT TIME THAT YOU WERE SPEAKING WITH HER

17 WAS THAT AN IMPORTANT FACTOR FOR YOU?

18 A.: NO.

19 Q.: YOU DIDN’T GET ANY MORE DETAILS?

20 A.: NO. I DIDN’T KNOW IF IT WAS SIGNIFICANT OR NOT.

21 Q.: AND HOW DID SHE DESCRIBE HER DAUGHTER REACTING WHEN

22 SHE GOT SCRATCHED?

23 A.: SHE SAID THAT SHE GOT VERY UPSET AND THAT SHE WAS

24 SENT TO HER ROOM.

25 Q.: DID SHE DESCRIBE AT ALL THE SERIOUSNESS OF THE

26 SCRATCH ON HER DAUGHTER?

27 A.: NO.

28 MR. DUSEK: THANK YOU, SIR.

.

7610

1 THE COURT: ANYTHING FURTHER, MR. BOYCE?

2 MR. BOYCE: NO, YOUR HONOR.

3 THE COURT: ALL RIGHT.

4 THANK YOU VERY MUCH FOR COMING IN, SIR. YOU’RE

5 FREE TO LEAVE THESE PROCEEDINGS. REMEMBER YOU’RE UNDER AN

6 ADMONITION NOT TO DISCUSS YOUR TESTIMONY WITH ANYONE UNTIL THE

7 MATTER’S CONCLUDED, OTHER THAN AS IT MAY RELATE TO YOUR OFFICIAL

8 DUTIES.

9 ALL RIGHT. THANK YOU.

10 THE WITNESS: THANK YOU.

11 THE COURT: OKAY, MR. FELDMAN.

12 MR. FELDMAN: JEFF GRAHAM, YOUR HONOR.

13

14 -JEFFREY GRAHAM, +

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

16

17 THE COURT: PLEASE HAVE A A SEAT.

18 THE CLERK: SIR, PLEASE STATE YOUR NAME AND SPELL IT FOR

19 THE RECORD.

20 THE WITNESS: MY NAME IS JEFFREY B. GRAHAM, JR.,

21 J-E-F-F-R-E-Y, G-R-A-H-A-M.

22

23 DIRECT EXAMINATION +

24 BY MR. FELDMAN:

25 Q.: GOOD MORNING, SIR.

26 A.: GOOD MORNING.

27 Q.: I KNOW THIS IS THE SECOND TIME YOU’VE JOINED US.

28 I’D LIKE TO DIRECT YOUR ATTENTION TO A SERIES OF EVENTS THAT

.

7611

1 OCCURRED WITH REGARD TO THE FINGERPRINT ANALYSIS AT THE VAN DAM

2 RESIDENCE.

3 FIRST OF ALL, IT’S CORRECT, ISN’T IT, THAT AT LEAST

4 I COMMUNICATED WITH YOU YESTERDAY TO GIVE YOU A HEADS UP AS TO

5 WHAT WAS COMING SO THAT YOU HAD SOME GENERAL IDEA OF WHERE I WAS

6 GOING TO BE ASKING THE QUESTION?

7 A.: YES, YES.

8 Q.: CAN YOU TELL ME, SIR, AT SOME POINT IN TIME WAS THE

9 AREA AROUND THE DOOR OF DANIELLE VAN DAM’S BEDROOM IN NINHYDRIN?

10 A.: YES.

11 Q.: DO YOU RECALL THE APPROXIMATE DATE OR DATES?

12 A.: FEBRUARY 14TH.

13 Q.: AS A RESULT OF THE NINHYDRIN PROCESS, DO YOU RECALL

14 WHETHER OR NOT LATENT LIFTS, LATENT FINGERPRINTS INVOLVED?

15 A.: I RECEIVED — I DIDN’T GO BACK THE DAY THAT THOSE

16 PRINTS WERE EVALUATED BUT I DID RECEIVE A TOTAL SEVEN DEVELOPED

17 IMPRESSIONS.

18 Q.: ALL RIGHT.

19 AND WAS THAT BOTH ON THE — I’M SORRY, YOU SAID THE

20 14TH, AND DID SOMETHING ALSO HAPPEN ON THE 20TH, SIR?

21 A.: DORIE SAVAGE, THE FORENSIC SPECIALIST WHO DID THE

22 NINHYDRIN PROCESS, WENT BACK AND PHOTOGRAPHED THE PRINTS THAT

23 WERE DEVELOPED. I’M NOT SURE OF THOSE DATES.

24 Q.: SIR, I’D LIKE TO DIRECT YOUR ATTENTION TO WHAT’S

25 BEEN PREVIOUSLY MARKED EXHIBIT 23, COURT’S EXHIBIT 23.

26 WITH REGARD TO COURT EXHIBIT 23 DO WE SEE THE DOOR

27 THAT YOU AND I’VE JUST BEEN TALKING ABOUT?

28 A.: YES.

.

7612

1 Q.: CAN YOU — IF YOU HAVE A POINTER THERE, SIR, IF YOU

2 COULD JUST POINT THAT OUT?

3 A.: IT’S IN PHOTOGRAPH "A", "B", THE DOORWAY IS "C",

4 ALSO "D", AGAIN IN "E". THAT’S ABOUT IT.

5 Q.: ALL RIGHT.

6 WITH REGARD — THERE’S A PARTICULAR PALM PRINT THAT

7 I DISCUSSED WITH YOU, RIGHT?

8 A.: YES.

9 Q.: WITH REGARD TO THERE — YOU OR SOMEONE WAS ABLE TO

10 LIFT UP A PORTION OF A PALM FROM THIS DOOR; IS THAT CORRECT?

11 A.: NOT FROM THE DOOR. IT’S FROM THE DRY WALL AROUND

12 THE DOOR. IT’S A PHOTOGRAPH OF A PRINT THAT DEVELOPED ON THE

13 DRY WALL.

14 Q.: CAN YOU PLEASE — DO WE SEE THAT IN ANY OF THESE

15 PICTURES? DO YOU SEE IT IN ANY OF THE PICTURES, SIR?

16 A.: THE PRINT ITSELF NO, THE LOCATION YES.

17 Q.: YES THE LOCATION?

18 A.: IN PHOTOGRAPH — I’M GOING TO HAVE TO STAND UP.

19 Q.: I WAS GOING TO OFFER SHOULD I TAKE THIS DOWN AND

20 HAVE YOU CIRCLE IT?

21 A.: IF YOU’D LIKE.

22 PHOTOGRAPH "B", THERE’S ONE HERE THAT’S NO VALUE.

23 THE SECOND ONE HERE THAT IS OF VALUE.

24 Q.: OKAY. WITH REGARD — WHAT I’D LIKE YOU TO DO

25 PLEASE IS PUT CIRCLES ON THE TWO AREAS THAT YOU JUST INDICATED

26 OUTSIDE THE DOOR. I THINK, SIR, YOU WERE POINTING TO "C" BUT I

27 DON’T —

28 A.: IT’S "B".

.

7613

1 Q.: NOW, FIRE THE RECORD.

2 ON 23B, SIR, YOU’VE DRAWN TWO CIRCLES IS THAT

3 RIGHT?

4 A.: YES.

5 Q.: NOW YOU’VE TOLD US I THINK WHAT YOU’VE CIRCLED ON

6 THE LEFT YOU CONCLUDED WAS OF NO VALUE?

7 A.: YES.

8 Q.: WHEN YOU SAY OF NO VALUE, WHAT DOES THAT MEAN?

9 A.: IT’S JUST NOT GOING TO BE IDENTIFIED.

10 Q.: DOES IT MEAN THAT, FOR INSTANCE, YOU COULDN’T

11 IDENTIFY ANY WHORLS OR MATTERS LIKE THAT?

12 A.: YEAH. THERE’S NO — THERE’S NOT ENOUGH INFORMATION

13 FOR ME TO IDENTIFY ANYBODY IN DETAIL. NOT ENOUGH CLARITY, NOT

14 ENOUGH RIDGE DETAIL, NOT ENOUGH DETAIL TO DO AN ELIMINATION ON

15 THIS PRINT.

16 Q.: PART OF YOUR JOB IS TO DO ELIMINATIONS OF PRINTS,

17 IS THAT RIGHT, SIR?

18 A.: IF I CAN, YES.

19 Q.: I’D LIKE TO DIRECT YOUR ATTENTION THEN TO THE

20 SECOND CIRCLE THEN IN "B", THE ONE THAT YOU CIRCLED.

21 A.: OKAY..

22 Q.: WITH REGARD TO THAT, DOES THAT LIFT DEPICT A

23 PARTICULAR PORTION OF THE PALM?

24 A.: IT’S A PHOTOGRAPH AND YES, IT DEPICTS — IT’S THE

25 RIGHT PALM, A VERY SMALL — IT’S EITHER A SMALL SECTION OF THE

26 PINKY SIDE OF THE PALM OR A LARGER SECTION OF A CHILD’S PALM.

27 Q.: OKAY. I HEARD — I MISSED THE FIRST PART OF WHAT

28 YOU SAID. COULD YOU PLEASE REPEAT IT?

.

7614

1 A.: EITHER A SMALL SECTION OF AN ADULT’S PALM OR A

2 SMALL ADULT’S PALM, OR IT’S A LARGER PORTION OF A CHILD’S PALM

3 PRINT, SAME AREA.

4 Q.: ALL RIGHT.

5 IF IT’S AN ADULT’S PALM — YOU CAN’T TELL US

6 WHETHER IT’S AN ADULT’S PALM OR NOT, CORRECT?

7 A.: CONCLUSIVELY, NO, I CAN’T TELL YOU THAT.

8 Q.: BUT YOU TREATED IT AS THOUGH IT HAD EVIDENTIARY

9 VALUE, IS THAT A FAIR STATEMENT?

10 A.: YES.

11 Q.: AND AMONG YOUR TASKS IN THIS CASE WAS TO INCLUDE OR

12 EXCLUDE DAVID WESTERFIELD AS THE MAKER OF ANY POSSIBLE LATENT

13 PRINT WITHIN THE VAN DAM RESIDENCE, IS THAT A FAIR STATEMENT?

14 A.: BECAUSE OF TIME, YES, I LIMITED THAT MOSTLY TO MR.

15 WESTERFIELD.

16 Q.: SPECIFICALLY DIRECTING YOUR ATTENTION TO THE

17 PHOTOGRAPH THAT DEPICTS THE LATENT LIFT IN "B" ON THE RIGHT

18 SIDE, THE ONE THAT TALKED ABOUT THE SURFACE THAT COULD HAVE BEEN

19 OF AN ADULT, DID YOU COMPARE THAT SURFACE AGAINST KNOWN LATENT

20 PALM PRINTS OF DAVID WESTERFIELD?

21 A.: I COMPARED THE PRINT FROM THE WALL THERE TO MR.

22 WESTERFIELD’S KNOWN PRINTS, YES.

23 Q.: AND IT’S CORRECT YOU EXCLUDED WESTERFIELD AS THE

24 MAKER OF THAT PARTICULAR PRINT, IS THAT RIGHT?

25 A.: YES.

26 Q.: NOW YOU TOLD US THE LAST TIME YOU TESTIFIED THAT

27 THERE WAS A PRINT ON THE BANISTER, IS THAT RIGHT?

28 A.: YES.

.

7615

1 Q.: DID YOU COMPARE THE PRINT IN "B" AGAINST THE

2 BANISTER PRINT?

3 A.: NO.

4 Q.: IT’S ALSO THE CASE I BELIEVE THAT IN THE OUTSIDE

5 PORTION OF THE VAN DAM RESIDENCE THERE WAS — THERE’S A PATIO,

6 IS THAT RIGHT?

7 A.: YES.

8 Q.: AND THERE WAS A CERTAIN NUMBER OF LIFTS THAT WERE

9 TAKEN I THINK FROM A TABLE, IS THAT RIGHT?

10 A.: YES, A PATIO TABLE, YES.

11 Q.: WERE YOU ABLE TO RAISE OR — DID YOU SEE ANY LATENT

12 LIFTS OF VALUE THAT WERE RAISED ON THE PATIO TABLE?

13 A.: YES.

14 Q.: WERE ANY OF THEM PALMS?

15 A.: YES.

16 Q.: DO YOU RECALL HOW MANY?

17 A.: THREE PALMS TOTAL.

18 Q.: WERE THEY OF VALUE?

19 A.: YES.

20 Q.: DID YOU COMPARE — FIRST OF ALL, DID YOU COMPARE

21 THOSE PALMS OF VALUE AGAINST THE KNOWNS OF DAVID WESTERFIELD?

22 A.: YES, I DID.

23 Q.: DID YOU EXCLUDE MR. WESTERFIELD?

24 A.: YES, I DID.

25 Q.: WITH REGARD TO THOSE OTHER LIFTS DID YOU COMPARE

26 THEM AGAINST THE BANISTER PRINT?

27 A.: NO, I DID NOT.

28 Q.: DID YOU COMPARE THEM AGAINST THE PRINT IN "B" THAT

.

7616

1 WE SEE IN 23?

2 A.: NO I DID NOT.

3 MR. FELDMAN: THANK YOU VERY MUCH. NO FURTHER.

4 THE COURT: ALL RIGHT. MR. DUSEK.

5

6 CROSS-EXAMINATION +

7 BY MR. DUSEK:

8 Q.: THE PRINT THAT HAD SOME VALUE TO THE RIGHT OF THE

9 DOOR, YOU THOUGHT THAT COULD POTENTIALLY BE A CHILD’S PRINT?

10 A.: YES.

11 Q.: WHY?

12 A.: IT’S VERY SMALL. IT’S VERY SMALL. SO EITHER IT’S

13 A VERY, VERY SMALL FRAGMENT OF AN ADULT’S PALM, AND IT WOULD

14 HAVE TO BE A SMALLER ADULT, FEMALE, YOUNG MAN, SMALL MAN, BUT IT

15 IS A VERY SMALL SO IT COULD ACTUALLY BE THE WHOLE SIDE OF THE

16 PALM. THERE JUST ISN’T ENOUGH INFORMATION FOR ME TO GET A GOOD

17 IDEA OF WHERE THE LOCATION IS. THERE ARE NOT ENOUGH LANDMARKS.

18 THERE AREN’T ANY CREASES OR ANY OF THE THINGS THAT I USE TO GET

19 AN IDEA OF THE POSSIBLE ORIENTATION AS WELL AS THE LOCATION FROM

20 THE PALM IT CAME.

21 Q.: SO YOU CAN’T EVEN TELL US WHICH DIRECTION THE HAND

22 WAS POSITIONED ON THE WALL?

23 A.: I BELIEVE I CAN BECAUSE OF THE WALL. THE WALL’S

24 FIXED. THE WALL’S NOT GOING TO MOVE. SO BECAUSE OF THE HEIGHT,

25 BECAUSE OF THE WALL I HONESTLY BELIEVE THAT IT IS — APPEARS ON

26 THE WALL IN THE UP DIRECTION, THE RIGHT SIDE UP DIRECTION.

27 Q.: OF THE RIGHT HAND?

28 A.: YES.

.

7617

1 Q.: NOW, YOU TALKED ABOUT A CHILD OR A SMALL ADULT; IS

2 THAT CORRECT?

3 A.: YES.

4 Q.: SMALL ADULT, WOULD THAT INCLUDE MOST WOMEN?

5 A.: YES.

6 Q.: A MALE ADULT, WOULD THAT BE TOO BIG A PRINT FOR

7 WHAT YOU SAW?

8 A.: NOT NECESSARILY, A SMALL MALE.

9 Q.: SMALL MALE MEANS WHAT?

10 A.: I DON’T KNOW. I DON’T KNOW.

11 Q.: ALL RIGHT.

12 AND I THINK YOU TOLD US THAT THESE PRINTS WERE

13 OBTAINED WHEN?

14 A.: THIS PRINT WAS — AN ITEM WAS SPRAYED ON THE 14TH

15 OF FEBRUARY AND IT WAS PHOTOGRAPHED EITHER THE 19TH OR 20TH, I’M

16 NOT SURE. I DIDN’T DO THE PHOTOGRAPHY.

17 Q.: SO WE HAVE I THINK DANIELLE VAN DAM BEING REPORTED

18 MISSING ON THE 2ND OF FEBRUARY. THIS NINHYDRIN TREATMENT WAS

19 NOT EVEN DONE FOR JUST A LITTLE BIT SHORT OF TWO WEEKS AFTER

20 THAT?

21 A.: YES.

22 Q.: TELL US WHAT NINHYDRIN IS.

23 A.: NINHYDRIN IS A CHEMICAL PROCESS THAT IS USED TO

24 DEVELOP PRINTS ON POROUS SURFACES. SO ON A WALL WHAT HAPPENS IS

25 WHEN THE HAND COMES INTO CONTACT, THE RESIDUE THAT’S ON THE HAND

26 TRANSFERS TO THE WALL AND THE WALL ABSORBS IT IN. THIS CHEMICAL

27 WILL ACTUALLY GO AFTER THE RESIDUE, THE NEOACIDS IN THE RESIDUE

28 AND CAUSE A REACTION. THOSE PRINTS NEED TO BE PHOTOGRAPHED.

.

7618

1 THEY CAN’T BE LIFTED OFF THE WALL.

2 Q.: AND DOES THE NINHYDRIN LEAVE SOME SORT OF RESIDUE

3 ON THE WALL?

4 A.: YES. THE REACTION TURNS PURPLE.

5 Q.: BY LOOKING AT EXHIBIT 23, CAN YOU TELL WHETHER OR

6 NOT THE PHOTOGRAPHS IN "A" AND "B" WERE TAKEN BEFORE OR AFTER

7 THE NINHYDRIN TREATMENT?

8 A.: IT WOULD BE BEFORE.

9 Q.: AND THE — HAVE YOU BEEN BACK TO THE HOUSE — OR

10 DID YOU GO BACK TO THE HOUSE AT SOME TIME AFTER DANIELLE WAS

11 MISSING?

12 A.: I’VE BEEN IN THE HOUSE THREE TIMES SINCE, YES.

13 Q.: DO YOU RECALL WHICH DAYS?

14 A.: THE 13TH AND 14TH OF FEBRUARY AND THEN LATE MAY,

15 MAYBE THE 24TH.

16 Q.: ON THE 13TH OF FEBRUARY, WAS THERE ANYTHING AROUND

17 THE LOCATION WHERE YOU FOUND THAT NINHYDRIN PRINT OR AT LEAST

18 WHERE IT WAS LIFTED TO PREVENT ANYBODY FROM WALKING BY THAT HALL

19 TO TOUCH THAT AREA?

20 A.: NOTHING, NO.

21 Q.: DID IT STILL HAVE THE LITTLE BARRICADE TO AT LEAST

22 DETER PEOPLE FROM GOING INTO THE ROOM?

23 A.: YES, IT DID.

24 Q.: DO YOU RECALL WHETHER OR NOT THE TV SHOW AMERICA’S

25 MOST WANTED HAD BEEN IN THE HOUSE BEFORE THE NINHYDRIN PRINTS

26 WERE DONE?

27 MR. FELDMAN: ASSUMES FACTS NOT IN EVIDENCE.

28 THE COURT: OVERRULED.

.

7619

1 IF IT’S WITHIN YOUR PERSONAL KNOWLEDGE YOU MAY

2 ANSWER.

3 THE WITNESS: I HAD ACTUALLY SEEN FOOTAGE OF THIS ROOM.

4 I’M NOT SURE WHERE I SAW THE FOOTAGE, BUT I DID SEE FOOTAGE OF

5 THE INSIDE OF THE BEDROOM BEFORE I EVER GOT IN THERE.

6 MR. FELDMAN: MOTION TO STRIKE.

7 THE COURT: SUSTAINED. THE JURY’S TO DISREGARD THE LAST

8 ANSWER.

9

10 BY MR. DUSEK:

11 Q.: DID YOU SEE THAT COVERAGE BEFORE YOU WENT TO THE

12 HOUSE ON THE 13TH?

13 A.: YES.

14 Q.: SO IT HAD TO HAVE OCCURRED BEFORE YOU WERE THERE ON

15 THE 13TH?

16 A.: YES.

17 Q.: AND DO YOU KNOW HOW MANY PEOPLE WERE GOING AROUND

18 THE HOUSE WITH EQUIPMENT TO MAKE THAT VIDEO PIECE?

19 A.: NO IDEA.

20 Q.: DO YOU KNOW IF THERE HAD BEEN ANY VISITORS TO THE

21 HOUSE SINCE DANIELLE HAD BEEN REPORTED MISSING?

22 A.: THE DAY THAT I WAS THERE ON THE 13TH I SAW AT

23 LEAST — AT LEAST SIX — SIX ADULTS OTHER THAN THE VAN DAMS

24 THEMSELVES, AND BEFORE THAT OR AFTER THAT I HAVE NO IDEA.

25 Q.: DID THE ADULTS APPEAR TO BE FRIENDS OF THE VAN

26 DAMS?

27 A.: FAMILY, FRIENDS, YES.

28 Q.: WERE THERE KIDS THERE ALSO?

.

7620

1 A.: I MANAGED TO MISS THE KIDS ON THE 13TH AND 14TH.

2 Q.: YOU’RE BACK ON THE 14TH YOU TOLD US ALSO?

3 A.: YES.

4 Q.: WHAT WERE YOU TRYING TO DO?

5 A.: ON THE 14TH OR 13TH?

6 Q.: ON THE 13TH?

7 A.: THE 13TH WE WENT IN FOR ONE REASON, AND IT’S

8 SOMETHING THAT I HAD NEVER DONE BEFORE, BUT WE HAD A PRINT FROM

9 THE MOTOR HOME THAT WE HAD NOTHING TO COMPARE IT TO. SO WE WENT

10 IN THERE, AND MYSELF AND THREE OTHER FORENSIC SPECIALISTS WENT

11 IN THERE SPECIFICALLY TO PROCESS THAT HOUSE FOR DANIELLE’S

12 PRINTS. SO WE WENT FOR SURFACES WHERE WE THOUGHT WE WOULD FIND

13 HER PRINTS AND TOOK WHATEVER WE GOT.

14 Q.: IS THAT WHEN YOU NINHYDRIN THE AREA THAT YOU JUST

15 TOLD US ABOUT?

16 A.: NINHYDRIN WAS DONE ON THE 14TH, AND THAT HONESTLY

17 WOULD BE FOR A DIFFERENT PERSON, TO FIND AREAS WHERE THE SUSPECT

18 MAY HAVE TOUCHED.

19 Q.: THE PRINT FROM THE MOTOR HOME, THAT’S WHAT YOU

20 TESTIFIED EARLIER ABOUT IN THIS CASE; IS THAT CORRECT?

21 A.: YES.

22 Q.: AND THE TIME YOU FOUND THAT PRINT YOU DID NOT HAVE

23 GOOD KNOWN PRINTS OF DANIELLE?

24 A.: I HAD NOTHING.

25 Q.: AND THAT’S WHY YOU WENT TO THE HOUSE TO TRY TO FIND

26 KNOWN PRINTS ON AREAS WHERE SHE LIKELY WOULD HAVE TOUCHED?

27 MR. FELDMAN: SCOPE, OBJECTION.

28 THE COURT: OVERRULED.

.

7621

1 YOU MAY ANSWER.

2 THE WITNESS: WE WERE HOPING TO FIND THAT AREA OF THE

3 PALM THAT WAS LATER IDENTIFIED AS DANIELLE’S.

4

5 BY MR. DUSEK:

6 Q.: YOU MENTIONED ALSO I BELIEVE THAT THERE WERE PRINTS

7 FOUND ON A BACKYARD FURNITURE, WAS THAT IT?

8 A.: PATIO TABLE.

9 Q.: DO YOU RECALL WHERE ON THE PATIO TABLE?

10 A.: I DON’T. I HAVE LATENTS. I CAN LOOK AT ‘EM.

11 Q.: WOULD YOU PULL ‘EM OUT PLEASE?

12 A.: SURE.

13 I HAVE THREE CARDS. ALL I COULD SEE ARE PROBABLY

14 RECTANGLES ON THE BACK OF THOSE CARDS WITH X’S IN THE

15 RECTANGLES. I DON’T KNOW IF YOU CAN ALL SEE THAT.

16 Q.: WHEN WERE THOSE PRINTS LIFTED, MR. GRAHAM?

17 A.: THE 13TH.

18 Q.: WHO WAS WITH YOU?

19 A.: RUBEN INZUNZA.

20 Q.: WERE YOU WITH HIM?

21 A.: NOT STANDING WITH HIM BUT I WAS IN THE AREA.

22 Q.: WAS THAT THE TIME THAT YOU WERE TRYING TO FIND

23 KNOWN PRINTS OR POSSIBLE KNOWN PRINTS FROM DANIELLE VAN DAM?

24 A.: YES.

25 Q.: THE PRINTS FROM THE PATIO FURNITURE, WHAT PART OF

26 THE HANDS, CAN YOU TELL?

27 A.: TWO OF THEM ARE RIGHT PALMS. THE OTHER’S A LEFT

28 PALM.

.

7622

1 Q.: WERE THEY THE SAME AREA AS THE NINHYDRIN PRINT FROM

2 THE DOOR?

3 A.: NO.

4 Q.: WOULD THAT AFFECT YOUR ABILITY TO COMPARE THE

5 PRINTS FROM THE PATIO FURNITURE WITH THE NINHYDRIN PRINT ON THE

6 DOOR?

7 A.: YES. THE LATENT COMPARISONS ARE DONE VERY

8 INFREQUENTLY, BECAUSE LATENT PRINTS ARE JUST THOSE PARTIAL

9 PRINTS THAT ARE LEFT BEHIND. THEY’RE NOT THE KNOWN EXEMPLARS

10 THAT WE GET, WHICH WOULD BE THE WHOLE HANDPRINT. SO LATENTS

11 AREN’T SOMETHING WE DO. AND SO THEREFORE, YEAH, IF THE SAME

12 AREAS IS NOT REPRESENTED IN THIS PRINT THAT’S REPRESENTED IN THE

13 OTHER PRINT I CAN’T DO THE COMPARISON.

14 Q.: SO WHAT YOU REALLY NEED IS THE SAME LOCATION ON

15 EACH PRINT CLEARLY EXEMPLIFIED BEFORE YOU CAN MAKE A COMPARISON

16 OR AN EXCLUSION?

17 A.: YES.

18 Q.: AND YOU DIDN’T HAVE THAT WITH THE PATIO FURNITURE?

19 A.: NOT WITH THE PATIO FURNITURE, NO.

20 Q.: AND WITH THE PRINT ON THE BANISTER, DO YOU RECALL

21 WHAT THAT WAS?

22 A.: YES. IT’S A RIGHT PALM ALSO.

23 Q.: WAS THAT THE SAME LOCATION THAT YOU HAD FROM THE

24 NINHYDRIN?

25 A.: FROM THE NINHYDRIN, NO.

26 Q.: SO YOU COULDN’T MAKE A COMPARISON THERE?

27 A.: NO.

28 Q.: HOW ABOUT FROM THE PATIO FURNITURE?

.

7623

1 A.: ACTUALLY, LOOKING AT IT, YEAH, IT COULD HAVE

2 PROBABLY BEEN DONE, YES.

3 Q.: ALL RIGHT.

4 THE PRINTS FROM THE PATIO FURNITURE, CAN YOU TELL

5 US SIZE OF THOSE PRINTS?

6 A.: TWO OF THEM WERE FAIRLY SMALL. MY HAND IS MUCH,

7 MUCH BIGGER. THERE ARE ALSO A WHOLE LOT OF CREASES, LIFE LINES

8 IN MY EXPERIENCE THAT TENDS TO — I MEAN, THIS APPEARS LIKE A

9 FEMALE’S HANDPRINT, POSSIBLY A LITTLE BIT OLDER.

10 Q.: FEMALE. AND YOU’RE REFERRING TO THE PATIO

11 FURNITURE?

12 A.: YES.

13 Q.: AND SIZE OF THAT PRINT APPEARS TO BE IN WHAT RANGE?

14 A.: I DON’T HAVE VERY BIG HANDS, AND IT’S MUCH SMALLER

15 THAN MY HAND.

16 Q.: WOULD IT BE CONSISTENT WITH A CHILD’S PRINT?

17 A.: I DON’T THINK IT’S A CHILD’S PRINT, NO.

18 Q.: SOMEWHERE BETWEEN A CHILD AND YOU?

19 A.: I REALLY DO THINK IT’S A FEMALE’S PRINT.

20 Q.: WHY?

21 A.: BECAUSE OF THE CREASES. AN OLDER FEMALE’S PRINT,

22 ADULT FEMALE’S PRINT. BUT —

23 Q.: DID YOU SEE ANY VAN DAM GRANDPARENTS AROUND THE

24 HOUSE?

25 A.: I SAW A COUPLE OF FOLKS THAT MAY HAVE BEEN EITHER

26 BRENDA OR DAMON’S PARENTS, I’M NOT SURE.

27 Q.: DID YOU HAVE ANY ELIMINATION PRINTS OF THEM?

28 A.: NO.

.

7624

1 MR. DUSEK: THANK YOU, SIR.

2 THE COURT: ALL RIGHT.

3 ANYTHING FURTHER, MR. FELDMAN?

4 MR. FELDMAN: YES.

5

6 REDIRECT EXAMINATION +

7 BY MR. FELDMAN:

8 Q.: SIR, BEFORE COMING TO COURT DID YOU SPEAK WITH ANY

9 REPRESENTATIVE OF THE DA’S OFFICE?

10 A.: YES, I DID.

11 Q.: TO TELL THEM ABOUT OUR CONVERSATION?

12 A.: YES.

13 Q.: I THINK YOU TOLD US SOMETHING ABOUT THE LATENT THAT

14 I WAS DIRECTING YOUR ATTENTION TO IN "B", 23B.

15 A.: YES.

16 Q.: I THINK YOU TOLD US IT WAS A SMALL FRAGMENT OF AN

17 ADULT PALM, RIGHT?

18 A.: POSSIBLY AN ADULT PALM, YES.

19 Q.: AND THEN YOU WERE SPECULATING ABOUT HAND SIZE.

20 YOU’RE NOT AWARE OF ANY STUDIES THAT CORRELATE THE

21 SIZE OF A PERSON’S HAND WITH AGE, ARE YOU?

22 MR. DUSEK: OBJECTION, COMPOUND AND TESTIFYING HIMSELF.

23 THE COURT: OVERRULED.

24 THE WITNESS: NO.

25

26 BY MR. FELDMAN:

27 Q.: THE PRINT COULD HAVE COME FROM A LARGE MAN WITH

28 SMALL HANDS, CORRECT?

.

7625

1 A.: YEAH, IT COULD HAVE, SURE.

2 Q.: THERE IS NO WAY TO TELL UNLESS YOU SEE THE KNOWNS?

3 A.: NO. I’M JUST GIVING YOU MY OPINION ON WHAT I THINK

4 THEY ARE.

5 Q.: SO BUT YOU’RE AGREEING THAT THERE’S OTHER

6 INTERPRETATIONS?

7 A.: YES.

8 Q.: WITH REGARD TO YOUR TRIPS TO THE HOUSE, I THINK YOU

9 TOLD MR. DUSEK — OR WE DISCUSSED ON THE 23RD — I’M SORRY,

10 FEBRUARY THE 13TH, FEBRUARY THE 14TH, BUT YOU ALSO SAID LATE

11 MAY?

12 A.: YES.

13 Q.: YOU WENT BACK TO THE HOUSE IN LATE MAY TO GATHER

14 EVIDENCE, FINGERPRINT EVIDENCE, DIDN’T YOU?

15 A.: I WENT BACK ACTUALLY TO GET BETTER PALM PRINTS FROM

16 DAMON, BRENDA AND I THINK I GOT DEREK’S THUMB.

17 Q.: DID YOU HAVE — WELL, WHEN YOU WERE DOING YOUR

18 LATENT PRINT COMPARISONS, I KNOW YOU TOLD US THIS ON — IN THE

19 PROSECUTION’S CASE, BUT MY RECOLLECTION IS YOU TOLD US YOU HAD

20 THE KNOWNS OF ALL THE VAN DAMS, IS THAT RIGHT?

21 A.: YES.

22 Q.: YOU ALSO HAD THE KNOWNS OF DENISE KEMEL AND BARBARA

23 EASTON, IS THAT RIGHT?

24 A.: YES.

25 Q.: DAVID WESTERFIELD?

26 A.: YES.

27 Q.: I’M SORRY, OTHERS?

28 A.: A TOTAL OF 26.

.

7626

1 Q.: OKAY.

2 SO YOU HAD 26 PEOPLE THAT YOU WERE LOOKING AT TO

3 EITHER INCLUDE OR EXCLUDE, RIGHT?

4 A.: YES.

5 Q.: AND THAT LATENT THAT APPEARS IN "B" DIDN’T FIT ANY

6 OF THEM?

7 A.: ACTUALLY, LET ME REFER TO MY NOTES FOR THAT.

8 A.: FOR 16, THAT LATENT THAT I’VE CIRCLED IN "B" ON THE

9 RIGHT SIDE I ELIMINATED DAVID WESTERFIELD.

10 Q.: RIGHT. I ASKED THE QUESTION "ELIMINATION." I

11 GUESS I MEANT TO ASK "INCLUDE".

12 A.: I HAVE NOT BEEN ABLE TO ELIMINATE ANYBODY ELSE AS

13 THE SORT OF THAT PRINT MOSTLY BECAUSE OF TIME.

14 Q.: OTHER THAN TAKING THE KNOWNS OF THE VAN DAMS, AND I

15 THINK YOU TOLD US ONE OF THE KIDS IN LATE MAY, DID YOU DO ANY

16 OTHER WORK IN CONNECTION WITH RAISING PRINTS OR EVALUATING

17 FINGERPRINTS AT THE RESIDENCE?

18 A.: AT THE RESIDENCE, NO.

19 Q.: SUBSEQUENT, AFTER THE 13TH OR 14TH OF FEBRUARY, DID

20 YOU RETURN OR CAUSE ANYONE TO RETURN TO THE RESIDENCE FOR THE

21 PURPOSE OF ATTEMPTING TO GET OTHER LATENT FINGERPRINT EVIDENCE?

22 A.: I BELIEVE THAT, YEAH, WE WENT BACK — SOMEBODY WENT

23 BACK AND COLLECTED THE CLOSET DOORS FROM DANIELLE’S BEDROOM.

24 Q.: AND DIDN’T SOMEONE ELSE GO BACK AND COLLECT A WALL?

25 A.: THAT WAS PART OF THE NINHYDRIN PROCESSING, THOSE

26 SEVEN NINHYDRIN PRINTS I SPOKE ABOUT EARLIER, THE WALL — CHUNKS

27 OF THE WALL WERE ACTUALLY CUT OUT.

28 Q.: AND WHEN SOMEONE WENT BACK AND REMOVED THE DOORS IN

.

7627

1 DANIELLE’S BEDROOM, DO YOU RECALL WHEN THAT WAS, SIR?

2 A.: NO, I DON’T.

3 Q.: WAS IT AFTER THE 13TH?

4 A.: I THINK IT WAS. I’D BET IT WAS AROUND THE 20TH.

5 Q.: SO THE FACT THAT OTHER PEOPLE MIGHT HAVE BEEN IN

6 THE HOUSE, THAT DIDN’T STOP YOU FROM CONTINUING YOUR

7 INVESTIGATION, DID IT?

8 A.: ACTUALLY, AFTER THE NINHYDRIN CHEMICAL WAS APPLIED

9 TO THE WALLS THEY WERE TAPED OFF. THERE WAS PLASTIC COATING PUT

10 OVER THE WALLS. THEY WERE TAPED OUT, AND THE BEDROOM DOORS

11 WOULD HAVE BEEN SECURED, SO THE CLOSET DOORS WOULD HAVE BEEN

12 PRETTY FREE FROM ANY CONTAMINATION AS WELL AS THOSE WALLS, THOSE

13 WALL SURFACES.

14 MR. FELDMAN: THANK YOU VERY MUCH, SIR.

15 THE COURT: ALL RIGHT.

16 ANYTHING FURTHER, MR. DUSEK?

17

18 RECROSS-EXAMINATION +

19 BY MR. DUSEK:

20 Q.: REGARDING THE PRINT IN PHOTOGRAPH "B" ON 23, YOU

21 WERE ABLE TO ELIMINATE MR. WESTERFIELD FROM THAT ONE, RIGHT?

22 A.: YES.

23 Q.: BUT YOU WERE NOT OR DID NOT ELIMINATE ANYBODY ELSE

24 FROM THE OTHER KNOWNS THAT YOU HAD?

25 A.: NO.

26 Q.: CLOSET DOORS WERE TAKEN WHY, SIR?

27 A.: AGAIN, WE’RE LOOKING FOR DANIELLE’S PRINTS. AND

28 WHEN I WENT THROUGH THE PRINTS THAT WE’VE GOTTEN ON THE 13TH, WE

.

7628

1 WERE VERY CLOSE IN SOME OF THOSE AREAS. IN FACT, ONE OF THE

2 PRINTS HAD TWO OF THE CHARACTERISTICS I WAS LOOKING FOR. SO I

3 WAS HOPING IF WE COULD GET THOSE DOORS INTO THE LABORATORY AND

4 MAYBE TRY SOME OTHER TECHNIQUES, MAYBE GET SOME BETTER LIGHT IN

5 THERE, THAT MAYBE WE’D GET WHAT I NEEDED.

6 Q.: DID YOU EVER FIND ANY GOOD KNOWNS FROM DANIELLE

7 AROUND THE HOUSE?

8 A.: GOOD KNOWNS ON EVERY PRINT THAT I LATER I.D.’ED TO

9 DANIELLE BECAME A KNOWN FROM THAT POINT ON.

10 Q.: I’M SORRY. SOMETHING THAT WAS GOOD TO COMPARE WITH

11 THE PRINT THAT YOU PULLED OUT OF THE MOTOR HOME?

12 A.: OTHER THAN THAT ONE THAT HAD A COUPLE OF THE

13 CHARACTERISTICS THERE WAS NOTHING, NO.

14 Q.: AND THAT WAS HER BEDROOM, WASN’T IT?

15 A.: HER BEDROOM CLOSET DOOR.

16 Q.: HOW DO YOU EXPLAIN THAT YOU COULDN’T FIND A DECENT

17 KNOWN PRINT OUT OF HER OWN BEDROOM ON HER OWN CLOSET DOORS?

18 A.: IT WAS THE AREA WE WERE USING, BECAUSE IT’S SUCH A

19 SMALL AND SUCH A LOW SECTION THAT — ACTUALLY, THE SIDE SECTION

20 OF THIS FINGER SO THAT HAND COMES FLAT, NOT ALL THE FINGER COMES

21 DOWN IN CONTACT WITH THE GLASS. SO PART OF IT HAD TO DO WITH

22 THE SURFACE. PART OF IT HAS TO DO WITH THE NATURE OF LATENT

23 PRINTS.

24 Q.: I THINK WE’VE HEARD THAT THEY WERE LIVING IN THAT

25 HOUSE FOR SEVERAL YEARS. AND IF WE WERE TO ASSUME THAT SHE WAS

26 TOUCHING THAT STUFF DAILY, EXPLAIN HOW WE CAN’T FIND A DECENT

27 PRINT THERE.

28 A.: ALL THOSE REASONS I GAVE YOU BEFORE, THE TRANSFER

.

7629

1 CONDITIONS, THE PRETRANSFER CONDITIONS, THE POST TRANSFER

2 CONDITIONS, AS WELL AS HOW OFTEN THINGS ARE CLEANED, SURFACES

3 ARE CLEANED, THE CONDITION OF YOUR HANDS WHEN YOU’VE TOUCHED

4 ITEMS, THE CONDITIONS OF THE ITEMS THAT ARE TOUCHED, AND THEN

5 WHAT HAPPENS TO THOSE ITEMS AFTER THEY’VE BEING TOUCHED AND A

6 PRINT HAS BEEN LEFT.

7 Q.: YOU TALK ABOUT THE CLOSET DOOR BEING TAKEN. THE

8 DATE WAS WHEN?

9 A.: I REALLY CAN’T BE CERTAIN. I’D — I COULD GIVE YOU

10 AN ESTIMATE.

11 Q.: ESTIMATE, PLEASE.

12 A.: 20TH OF FEBRUARY.

13 Q.: AND WHY DO YOU ESTIMATE THAT?

14 A.: THAT’S THE SAME DAY THAT THE SECOND BATCH OF

15 PHOTOGRAPHS, THE NINHYDRIN PRINTS WERE TAKEN, AND I BELIEVE THAT

16 WAS THE SAME DAY THIS WAS ALL DONE. I JUST DON’T KNOW FOR SURE.

17 Q.: AND THERE WAS ANOTHER REFERENCE COUNSEL MADE

18 REGARDING TAKING A PIECE OF A WALL?

19 A.: YES.

20 Q.: DO YOU KNOW WHEN THAT WAS?

21 A.: THAT WOULD HAVE BEEN, I BELIEVE, AGAIN THE 19TH.

22 Q.: THAT PIECE OF WALL WAS TAKEN FROM WHAT PART OF THE

23 HOUSE?

24 A.: TWO PIECES OF WALL WERE TAKEN FROM THE HALLWAY

25 DOWNSTAIRS NEAR THE — NEAR THE DOOR THAT WOULD LEAD TO THE

26 GARAGE FROM THE HOUSE.

27 Q.: WERE YOU HOPING TO GET LUCKY?

28 A.: OH, YEAH.

.

7630

1 MR. DUSEK: THANK YOU, SIR.

2 THE COURT: ANYTHING FURTHER, MR. FELDMAN?

3

4 REDIRECT EXAMINATION +

5 BY MR. FELDMAN:

6 Q.: ON THE — ON THE EXHIBIT WHICH IS 23 — I’M SORRY,

7 EXHIBIT 8. IN EXHIBIT 8 ARE THESE THE DOORS THAT I’M TRYING TO

8 TOUCH WHAT APPEAR TO BE MIRRORS?

9 A.: YES.

10 Q.: ARE THOSE THE DOORS WE WERE JUST TALKING ABOUT,

11 SIR?

12 A.: YES, THEY ARE.

13 Q.: AND IF WHAT YOU WERE LOOKING FOR WAS NOT JUST

14 MERELY KNOWNS FROM DANIELLE VAN DAM, IT’S POSSIBLE A SUSPECT

15 COULD HAVE BEEN HIDING IN THERE, HUH?

16 A.: OH, SURE.

17 Q.: AND YOU WERE LOOKING FOR A POSSIBILITY OF PRINTS

18 THAT COULD HAVE RELATED TO THE SUSPECT, RIGHT?

19 A.: SURE.

20 MR. FELDMAN: NO FURTHER QUESTIONS.

21 THE COURT: ANYTHING FURTHER?

22 MR. DUSEK: NO.

23 THE COURT: MAY THE WITNESS BE EXCUSED THIS TIME?

24 MR. FELDMAN: NO OBJECTION, YOUR HONOR.

25 THE COURT: ALL RIGHT. MR. GRAHAM, THANK YOU FOR

26 VISITING WITH US AGAIN. YOU’RE FREE TO LEAVE. PLEASE REMEMBER

27 THE ADMONITION NOT TO DISCUSS THE CASE UNTIL IT’S CONCLUDED,

28 OTHER THAN IT MAY RELATE TO YOUR OFFICIAL DUTIES.

.

7631

1 THE WITNESS: THANK YOU, YOUR HONOR.

2 THE COURT: ALL RIGHT.

3 MR. FELDMAN: WE’RE JUST CHECKING WHO’S OUT THERE,

4 PLEASE.

5 THE COURT: SURE.

6 MR. FELDMAN: CHRISTINA GONZALES.

7

8

9 -CHRISTINA GONZALES, +

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

11

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

13 THE CLERK: WOULD YOU PLEASE STATE YOUR NAME AND SPELL IT

14 FOR THE RECORD?

15 THE WITNESS: CHRISTINA GONZALES, C-H-R-I-S-T-I-N-A,

16 G-O-N-Z-A-L-E-S.

17

18 DIRECT EXAMINATION +

19 BY MR. BOYCE:

20 Q.: GOOD MORNING, MS. GONZALES.

21 A.: GOOD MORNING.

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

23 WESTERFIELD?

24 A.: YES, I DO.

25 Q.: DO YOU SEE HIM IN THE COURTROOM?

26 A.: YES, I DO.

27 Q.: IS HE THE GENTLEMAN RIGHT HERE?

28 A.: YES, HE IS.

.

7632

1 Q.: I JUST PUT MY HAND ON HIS SHOULDER?

2 A.: YES.

3 Q.: HOW DO YOU KNOW MR. WESTERFIELD?

4 A.: HE USED TO DATE MY MOM.

5 Q.: IS YOUR MOM SUSAN L.?

6 A.: YES.

7 Q.: WHEN DID YOU MEET MR. WESTERFIELD?

8 A.: I MET HIM THE DAY I WAS HAVING MY SON. I THINK

9 THAT WAS THE FIRST TIME THAT I MET HIM. HE CAME TO THE HOSPITAL

10 WITH MY MOM.

11 Q.: DO YOU RECALL APPROXIMATELY WHAT YEAR THAT WAS?

12 A.: ’99.

13 Q.: DID YOUR — TO YOUR KNOWLEDGE DID YOUR MOM LIVE

14 WITH MR. WESTERFIELD?

15 A.: YES.

16 Q.: AND WHEN WAS THAT?

17 A.: I DON’T REMEMBER.

18 Q.: WOULD IT HAVE BEEN AFTER ’99?

19 A.: YES.

20 Q.: ABOUT HOW LONG DID SHE LIVE WITH MR. WESTERFIELD,

21 TO YOUR KNOWLEDGE?

22 A.: I WOULD SAY OFF AND ON FOR PROBABLY TWO YEARS.

23 Q.: AND IF I CAN FIND IT, I’M LOOKING FOR THE —

24 REFERRING TO EXHIBIT 28 AND PHOTOGRAPH "A", DO YOU RECOGNIZE

25 THAT?

26 A.: YES.

27 Q.: IS THAT MR. WESTERFIELD’S RESIDENCE?

28 A.: YES.

.

7633

1 Q.: DID YOU LIVE THERE AT ANY TIME?

2 A.: YES, I DID.

3 Q.: AND HOW DID YOU HAPPEN TO COME TO LIVE WITH MR.

4 WESTERFIELD AND YOUR MOM?

5 MR. DUSEK: OBJECTION, RELEVANCY, 352.

6 THE COURT: OVERRULED AT THIS POINT.

7 YOU MAY ANSWER.

8 THE WITNESS: I WAS IN AN ABUSIVE RELATIONSHIP, AND MY

9 PARENTS — OR MY MOM AND DAVID WERE AWARE OF THIS AND THEY WERE

10 TRYING TO GET ME TO LEAVE THAT, AND SO DAVID TOLD ME THAT ME

11 AND —

12 MR. DUSEK: OBJECTION, YOUR HONOR, HEARSAY, CHARACTER.

13 THE COURT: SUSTAINED. SUSTAINED. SHE’S ANSWERED THE

14 QUESTION.

15

16 BY MR. BOYCE:

17 Q.: SO MR. WESTERFIELD AND YOUR MOM INVITED YOU TO COME

18 AND LIVE WITH THEM FOR A WHILE?

19 A.: YES.

20 Q.: DO YOU RECALL WHEN THAT WAS?

21 A.: I THINK IT WAS AUGUST OF 2000.

22 Q.: AND APPROXIMATELY HOW LONG DID YOU LIVE IN THE

23 HOUSE WITH MR. WESTERFIELD AND YOUR MOM?

24 A.: ABOUT THREE AND A HALF MONTHS.

25 Q.: AND DID YOU ALSO HAVE A CHILD WITH YOU?

26 A.: YES, I DID.

27 Q.: SO THERE WERE FOUR OF YOU LIVING IN THE HOUSE AT

28 THAT TIME?

.

7634

1 A.: YES.

2 Q.: NOW DID YOU — WHILE YOU WERE LIVING WITH MR.

3 WESTERFIELD AND YOUR MOM DID YOU BECOME AWARE THAT MR.

4 WESTERFIELD HAD A MOTOR HOME?

5 A.: YES.

6 Q.: DID YOU — WHERE WOULD YOU SEE THE MOTOR HOME?

7 A.: ON THE SIDE OF THE HOUSE AND IN FRONT OF THE HOUSE.

8 Q.: IS THAT THE HOUSE THAT’S PICTURED IN PHOTOGRAPH "A"

9 OF EXHIBIT 28?

10 A.: YES.

11 Q.: WOULD YOU HELP YOUR MOM AND MR. WESTERFIELD LOAD OR

12 UNLOAD THAT MOTOR HOME?

13 A.: YES.

14 Q.: AND WAS THIS BEFORE OR AFTER THEY WENT CAMPING?

15 A.: BEFORE AND AFTER.

16 Q.: WHERE WAS THE MOTOR HOME PARKED? WAS IT IN THOSE

17 LOCATIONS THAT YOU’VE JUST TOLD US ABOUT WHEN YOU WOULD HELP

18 LOAD AND UNLOAD IT?

19 A.: YES.

20 Q.: WOULD THE MOTOR HOME BE LOCKED OR UNLOCKED WHEN YOU

21 WERE LOADING AND UNLOADING IT?

22 A.: WHEN WE WERE UNLOADING IT IT WOULD BE UNLOCKED

23 OR — AND LOADING IT.

24 Q.: AND HOW LONG WOULD THE MOTOR HOME BE IN THAT

25 LOCATION WHILE YOU WERE LOADING AND UNLOADING IT?

26 A.: IT WOULD BE THERE THE DAY BEFORE WE LEFT AND THE

27 DAY AFTER — OR AFTER WHEN WE CAME BACK.

28 Q.: NOW, DID YOU ALWAYS GO CAMPING WITH YOUR MOM AND

.

7635

1 MR. WESTERFIELD?

2 A.: NO.

3 Q.: SOMETIMES THEY WOULD GO BY THEMSELVES, IS THAT

4 RIGHT?

5 A.: YES.

6 Q.: DO YOU RECALL AN OCCASION WHEN — AND WE’RE TALKING

7 ABOUT THE NEW MOTOR HOME; IS THAT CORRECT?

8 A.: YES.

9 Q.: THE ONE THAT MR. WESTERFIELD PURCHASED AFTER AN

10 OLDER MOTOR HOME THAT HE HAD; IS THAT CORRECT?

11 A.: YES.

12 Q.: DO YOU RECALL AN OCCASION WITH THE NEW MOTOR

13 HOME — THERE’S A PARK BY THE HOUSE, ISN’T THERE?

14 A.: YES.

15 Q.: HOW FAR AWAY IS THE PARK FROM THE HOUSE?

16 A.: IT’S DOWN THE STREET AT THE END OF THE BLOCK.

17 Q.: CAN YOU SEE IT IN ANY OF THE PHOTOGRAPHS THAT’S ON

18 EXHIBIT 28?

19 A.: NO.

20 Q.: WHEN THE MOTOR HOME WAS PARKED AT THE PARK, DID YOU

21 HELP DO ANYTHING IN REGARDS TO THAT MOTOR HOME WHEN IT WAS

22 THERE?

23 A.: YES.

24 Q.: AND WHAT DID YOU HELP DO?

25 A.: DAVID WAS ADDING — I THINK IT’S A — KIND OF LIKE

26 A ROOM. HE WAS PUTTING THE SCREWS OR SOMETHING ON THE SIDE OF

27 THE MOTOR HOME SO THAT THEY COULD HANG, KIND OF LIKE A —

28 Q.: HE WAS DOING —

.

7636

1 A.: EXTENSION, YEAH.

2 Q.: HE WAS DOING SOME WORK ON THE MOTOR HOME?

3 A.: YES.

4 Q.: AND YOU WERE HELPING HIM DO THE WORK?

5 A.: YES.

6 Q.: AND THIS WAS WHILE IT WAS PARKED AT THE PARK?

7 A.: YES.

8 Q.: HOW LONG WAS IT PARKED AT THAT PARK, DO YOU KNOW?

9 A.: PRETTY MUCH THAT DAY.

10 Q.: AND WHILE IT WAS PARKED AT THE PARK WERE YOU GOING

11 BACK AND FORTH TO MR. WESTERFIELD’S HOUSE?

12 A.: YES.

13 Q.: WAS ALSO YOUR MOM GOING BACK AND FORTH TO THE MOTOR

14 HOME AND MR. WESTERFIELD’S HOUSE?

15 A.: YES.

16 Q.: HOW ABOUT DAVID, WAS HE GOING BACK AND FORTH

17 BETWEEN THE MOTOR HOME AND HIS HOUSE?

18 A.: YES.

19 Q.: WHILE THE MOTOR HOME WAS PARKED AT THE PARK DID YOU

20 SEE ANY CHILDREN IN THE PARK?

21 A.: I REMEMBER SEEING ONE CHILD WITH THEIR MOM. I

22 DON’T REMEMBER IF IT WAS A LITTLE BOY OR A LITTLE GIRL.

23 Q.: THEY WERE PLAYING IN THE PARK?

24 A.: UM-HMM.

25 Q.: I’M GOING TO ATTEMPT TO FIND I BELIEVE IT’S EXHIBIT

26 ONE, WHICH MAY SHOW THE PARK. I CAN’T FIND IT RIGHT NOW.

27 MR. FELDMAN: YOUR HONOR, IT’S ONE OF THE OVERHEADS.

28 THE COURT: NO, IT’S THE AERIAL PHOTO.

.

7637

1 MR. FELDMAN: RIGHT.

2 THE COURT: IT’S HERE SOMEWHERE.

3 MR. FELDMAN: WE KNOW IT’S HERE, TOO, JUDGE. WE JUST

4 CAN’T FIND IT.

5 THE COURT: OKAY.

6

7 BY MR. BOYCE:

8 Q.: ANYWAY, THIS PARK WAS ABOUT HOW FAR AWAY FROM MR.

9 WESTERFIELD’S HOUSE?

10 A.: I DON’T KNOW. IT WAS DOWN THE STREET AT THE END OF

11 THE STREET. PROBABLY FIVE OR SIX HOUSE HOUSE LENGTHS.

12 Q.: THANK YOU.

13 I HAVE NOTHING FURTHER.

14 THE COURT: ALL RIGHT. CROSS-EXAMINATION.

15

16 CROSS-EXAMINATION +

17 BY MR. DUSEK:

18 Q.: WHAT WAS HE DOING WHEN THE MOTOR HOME WAS DOWN

19 THERE?

20 A.: THEY WERE PUTTING SOME KIND OF SCREWS OR MOUNTS ON

21 THE SIDE OF THE MOTOR HOME.

22 Q.: WHICH MOTOR HOME?

23 A.: THE NEW ONE.

24 Q.: WHEN WAS THIS?

25 A.: I DON’T REMEMBER.

26 Q.: APPROXIMATELY HOW LONG AGO?

27 A.: MAYBE TWO YEARS AGO.

28 Q.: TWO YEARS AGO?

.

7638

1 A.: I DON’T REMEMBER.

2 Q.: YOU THINK HE’S HAD THE MOTOR HOME, THE NEW MOTOR

3 HOME FOR TWO YEARS?

4 A.: I THINK SO.

5 Q.: ARE YOU SURE IT’S THE NEW MOTOR HOME OR THE OLDER

6 MOTOR HOME?

7 A.: IT’S THE NEW ONE.

8 Q.: DID YOU HELP DO THE WORK?

9 A.: I WAS WALKING AROUND AND HANDING TOOLS AND THAT

10 KIND OF THING. I DIDN’T ACTUALLY PUT THE MOUNTS OR WHATEVER

11 WERE GOING ON THE SIDE OF THE MOTOR HOME.

12 Q.: WAS HE USING ELECTRICITY?

13 A.: I DON’T THINK SO.

14 Q.: ANY POWER DRILLS OR POWER SCREWDRIVERS, ANYTHING

15 LIKE THAT?

16 A.: I THINK THERE WAS A POWER DRILL, SOMETHING.

17 Q.: DID HE HOOK THE POWER UP TO HIS HOUSE?

18 A.: NO.

19 Q.: WHERE DID HE HOOK IT UP TO?

20 A.: I THINK IT WAS PROBABLY CORDLESS, I DON’T KNOW.

21 Q.: WAS THERE A REASON THE MOTOR HOME WAS DOWN AT THE

22 PARK RATHER THAN BY HIS HOUSE?

23 A.: I DON’T KNOW.

24 Q.: WELL, HOW FAR WAS THIS FROM HIS — IT WAS

25 INCONVENIENT DOWN AT THE PARK, WASN’T IT, TO DO THE WORK?

26 A.: NOT REALLY.

27 Q.: WELL, DOESN’T HE HAVE A PLACE THAT YOU TOLD US

28 ABOUT WHERE HE PARKS THE MOTOR HOME RIGHT BY HIS HOUSE?

.

7639

1 A.: YEAH.

2 Q.: HE HAS A SPOT THAT’S RIGHT ACROSS THE STREET FROM

3 HIS DRIVEWAY, DOESN’T HE?

4 A.: YES.

5 Q.: THAT’S A WHOLE LOT CLOSER THAN DOWN BY THE PARK?

6 A.: YES.

7 Q.: HOW MUCH CLOSER?

8 A.: IT’S RIGHT ACROSS THE STREET.

9 Q.: AND I THINK YOU TOLD US THAT AT TIMES YOU SAW THE

10 MOTOR HOME PARKED ON THE SIDE OF THE STREET, IS THAT ALSO —

11 A.: YES.

12 Q.: THAT’S RIGHT NEXT TO HIS HOUSE?

13 A.: UM-HMM.

14 Q.: YOU HAVE TO ANSWER WITH WORDS.

15 A.: YES.

16 Q.: RIGHT WHERE ANY — AND HE KEEPS ALL HIS TOOLS AT

17 HIS HOUSE?

18 A.: YES.

19 Q.: IN HIS GARAGE?

20 A.: YES.

21 Q.: HOW MANY TIMES DID YOU HAVE TO GO BACK AND FORTH

22 DURING THIS PROCESS THAT YOU’RE DESCRIBING?

23 A.: A COUPLE OF TIMES.

24 Q.: HOW MANY TIMES DID HE GO BACK AND FORTH?

25 A.: PROBABLY THE SAME.

26 Q.: WAS THERE A REASON THE MOTOR HOME WASN’T PARKED

27 CLOSE TO HIS HOUSE, HIS GARAGE, HIS TOOLS?

28 A.: I THINK THERE MIGHT HAVE BEEN MORE ROOM BUT I’M NOT

.

7640

1 SURE.

2 Q.: LET ME SHOW YOU WHAT’S BEEN MARKED AS COURT’S

3 EXHIBIT 49.

4 DO YOU RECOGNIZE THAT?

5 A.: YES.

6 Q.: WHAT IS THAT?

7 A.: DAVID’S MOTOR HOME.

8 Q.: DO YOU SEE THE AREA THAT HE WAS WORKING ON OR NOT?

9 A.: IT’S THE SIDE WITH THE DOOR.

10 Q.: WELL, THE SIDE WITH THE DRIVER DOOR OR THE

11 PASSENGER DOOR?

12 A.: THE WALK-IN — THE PASSENGER DOOR.

13 Q.: DO YOU SEE THE AREA THAT HE WAS WORKING ON IN ANY

14 OF THESE PHOTOGRAPHS?

15 A.: NO, I CAN’T REALLY SEE IT.

16 Q.: WHY NOT?

17 A.: I DON’T KNOW. I DON’T KNOW WHERE — I THINK — OH,

18 YEAH, THESE LIKE DOT THINGS, I THINK THAT’S WHERE IT HOOKS UP

19 TO. LIKE LITTLE DOT THINGS.

20 Q.: THERE APPEAR TO BE — YOU’RE AT LEAST TRYING TO

21 POINT OUT SOME DOTS THAT APPEAR TO BE ON THE SIDE, THE PASSENGER

22 SIDE OF THE MOTOR HOME IN PHOTOGRAPH "B"?

23 A.: YES.

24 Q.: WHAT WAS GOING ON THERE?

25 A.: I THINK THEY WERE ACTUALLY PUTTING THOSE ON THE

26 SIDE OF THE MOTOR HOME.

27 Q.: FOR WHAT PURPOSE?

28 A.: TO — IT WAS LIKE AN EX — IT WOULD BE LIKE AN

.

7641

1 OUTDOOR ROOM, KIND OF LIKE A TENT THAT — IT CONNECTS TO THE

2 MOTOR HOME.

3 Q.: HIS OLDER MOTOR HOME WAS SMALLER THAN THIS ONE,

4 WASN’T IT?

5 A.: YES.

6 Q.: AND DID YOU GO CAMPING WITH HIM IN THE OLDER MOTOR

7 HOME?

8 A.: ONCE.

9 Q.: HE NEEDED MORE ROOM IN THAT OLDER MOTOR HOME,

10 DIDN’T HE?

11 A.: YES.

12 Q.: ARE YOU SURE HE DIDN’T DO IT TO THAT ONE?

13 A.: HE COULD HAVE, I’M NOT SURE.

14 Q.: ALL RIGHT.

15 Q.: THE TIMES YOU SAY YOU WENT CAMPING WITH HIM IN HIS

16 MOTOR HOME, HOW MANY TIMES?

17 A.: I THINK TWO OR THREE.

18 Q.: AND ON EACH TIME HE’D BRING THE MOTOR HOME TO THE

19 PROPERTY A DAY — AT LEAST A DAY BEFORE THE TRIP?

20 A.: I WAS ONLY THERE ONE TIME WHEN HE PACKED THE MOTOR

21 HOME.

22 Q.: ALL RIGHT.

23 AND ON THAT ONE OCCASION THAT YOU’RE FAMILIAR WITH,

24 THE MOTOR HOME WOULD BE BROUGHT IN A DAY OR SO BEFORE THE TRIP

25 WAS TO BEGIN?

26 A.: YES.

27 Q.: BECAUSE THERE WAS A PROTOCOL THAT YOU HAD TO GO

28 THROUGH, WASN’T THERE, A PROCEDURE?

.

7642

1 A.: YES.

2 Q.: WHAT WAS THE PROCEDURE THAT YOU HAD TO GO THROUGH

3 WHEN YOU WENT CAMPING WITH MR. WESTERFIELD?

4 A.: PACKING THE MOTOR HOME.

5 Q.: EVERYBODY HAD THEIR JOB?

6 A.: EVERYBODY WAS HELPING.

7 Q.: IT APPEARED THAT HE HAD A ROUTINE THAT HE WOULD GO

8 THROUGH IN PREPARATION FOR HIS R. V. TRIP?

9 A.: I GUESS.

10 Q.: DID HE SEEM PRETTY ORGANIZED?

11 A.: I DON’T KNOW. I KNOW EVERYBODY WAS DOING THEIR OWN

12 THING.

13 Q.: AND AFTER THE END OF THE TRIP WOULD THERE AGAIN BE

14 A CLEAN-UP PROCEDURE OR PROTOCOL AT THE END OF THE TRIP?

15 MR. BOYCE: OBJECTION, SPECULATION UNLESS SHE KNOWS.

16 THE COURT: OVERRULED. SHE’S TESTIFYING ABOUT HER

17 PERSONAL EXPERIENCE.

18 YOU MAY ANSWER, MA’AM.

19 THE WITNESS: CAN YOU —

20

21 BY MR. DUSEK:

22 Q.: AT THE END OF THE CAMPING TRIP WOULD THE MOTOR HOME

23 BE BROUGHT BACK TO THE NEIGHBORHOOD SO AGAIN YOU’D GO THROUGH A

24 LENGTHY PROCESS OF CLEANING IT AND TAKING THE STUFF OUT?

25 A.: YES.

26 Q.: HOW LONG WOULD THAT TAKE?

27 A.: I DON’T KNOW HOW LONG THE WHOLE PROCESS TOOK BUT I

28 WOULD JUST TAKE MY BELONGINGS OUT AND HELP CLEAN OUT THE

.

7643

1 REFRIGERATOR, THAT KIND OF THING.

2 Q.: WOULD THE MOTOR HOME THEN BE AT THE RESIDENCE

3 OVERNIGHT?

4 A.: I DON’T REMEMBER IF IT WAS THAT TIME OR NOT.

5 Q.: WHEN YOU GO CAMPING — OR THE ONE TIME YOU WENT

6 CAMPING WITH THE DEFENDANT, DO YOU RECALL WHERE YOU WENT?

7 A.: TO GLAMIS.

8 Q.: AND AT NIGHT WHEN IT GOT TIME TO SLEEP WOULD HE

9 CLOSE THE CURTAINS ON THE WINDSHIELD SO NOBODY COULD LOOK IN?

10 A.: THEY WERE CLOSED WHEN WE WENT.

11 Q.: AT NIGHTTIME?

12 A.: YES.

13 Q.: DURING THE DAY WOULD THE WINDOWS BE OPEN SO HE

14 COULD LOOK OUT AND SEE WHAT’S GOING ON OUTSIDE?

15 A.: I THINK SO, I’M NOT SURE.

16 Q.: ALL RIGHT.

17 AND WHEN YOU WENT TO GLAMIS, DID YOU TAKE ANYTHING

18 WITH YOU BESIDES THE MOTOR HOME TO PLAY?

19 A.: YES.

20 Q.: WHAT WOULD YOU TAKE?

21 A.: HE TOOK THE TRAILER AND IT HAD HIS SAND RILL AND I

22 THINK TWO QUADS.

23 Q.: QUADS ARE THINGS TO RIDE AROUND IN THE SAND?

24 A.: YES.

25 Q.: AND THAT WAS BASICALLY THE REASON FOR GOING TO THE

26 DESERT, WASN’T IT, TO PLAY ON THOSE THINGS?

27 A.: WE DID THAT WHILE WE WERE THERE.

28 Q.: DID HE GET STUCK IN THE SAND WHEN YOU WERE WITH

.

7644

1 HIM?

2 A.: NOT THAT I REMEMBER.

3 Q.: WHEN WAS IT THAT YOU WENT ABOUT, IF YOU CAN LINK IT

4 TOWARDS YOUR AGE, SCHOOL, AGE OF A CHILD, BIRTHDAY, ANYTHING

5 LIKE THAT?

6 A.: I BELIEVE IT WAS WHEN I WAS STAYING AT HIS HOUSE.

7 Q.: WHICH WAS WHEN?

8 A.: BETWEEN AUGUST AND NOVEMBER, I THINK.

9 Q.: OF WHAT YEAR?

10 A.: OF 2000.

11 Q.: YOU TALKED ABOUT WHEN YOU WERE LOADING THE MOTOR

12 HOME THAT OBVIOUSLY IT WOULD HAVE TO BE UNLOCKED. YOU GUYS

13 WOULD TAKE THINGS BACK AND FORTH, CORRECT?

14 A.: YES.

15 Q.: WAS THE MOTOR HOME ORDINARILY LOCKED WHEN YOU

16 WEREN’T TAKING THINGS BACK AND FORTH?

17 A.: I DON’T KNOW.

18 Q.: DID IT HAVE AN ALARM?

19 A.: I DON’T KNOW.

20 Q.: YOU NEVER SAW ANY NEIGHBORHOOD KIDS INSIDE THAT

21 MOTOR HOME, DID YOU?

22 A.: NO.

23 Q.: AND THEN THAT TIME WHEN YOU SAID YOU WERE DOWN AT

24 THE PARK, THERE WAS A LADY WITH A LITTLE BOY OR A LITTLE GIRL,

25 IS THAT RIGHT?

26 A.: I THINK SO.

27 Q.: THAT LITTLE BOY OR LITTLE GIRL DIDN’T GO IN THE

28 MOTOR HOME, DID THEY?

.

7645

1 A.: I DON’T THINK SO.

2 Q.: DIDN’T SEE IT GO IN, DID YOU?

3 A.: NO.

4 Q.: THE LITTLE KID WAS JUST PLAYING OVER ON THE

5 PLAYGROUND AREA?

6 A.: YES.

7 Q.: NOW YOU NEVER IN YOUR EXPERIENCE HAVE SEEN ANY

8 LITTLE CHILD AROUND THAT MOTOR HOME, HAVE YOU, EXCEPT FOR YOUR

9 KIDS?

10 A.: MY NEPHEW.

11 Q.: FAMILY KIDS?

12 A.: RIGHT.

13 Q.: THOSE ARE THE ONLY ONES YOU’VE SEEN AROUND THAT

14 MOTOR HOME, RIGHT?

15 A.: I THINK SO, YES.

16 Q.: YOU TALKED ABOUT YOUR MOTHER LIVING WITH THE

17 DEFENDANT.

18 LET ME SHOW YOU WHAT’S BEEN PREVIOUSLY MARKED AS

19 COURT’S EXHIBIT 146. JUST SO WE’RE TALKING ABOUT THE SAME

20 INDIVIDUAL, THE LADY IN THE DARK HAIR, DO YOU KNOW WHO SHE IS?

21 A.: YES.

22 Q.: THAT’S YOUR MOM?

23 A.: UM-HMM, YES.

24 Q.: SHE BROKE UP WITH THE DEFENDANT SEVERAL TIMES,

25 DIDN’T SHE?

26 A.: YES.

27 Q.: AND MOVED OUT?

28 A.: YES.

.

7646

1 Q.: HOW MANY TIMES?

2 A.: I DON’T KNOW.

3 Q.: HOW MANY TIMES ARE YOU AWARE OF?

4 A.: AT LEAST ONCE.

5 Q.: WHEN WAS THE MOST RECENT?

6 A.: UMM, MAYBE DECEMBER OF 2001, I’M NOT SURE.

7 Q.: DO YOU REMEMBER IT JUST BEING ONE OR TWO WEEKS

8 BEFORE DANIELLE VAN DAM WAS MISSING?

9 MR. BOYCE: OBJECTION, MISSTATES THE TESTIMONY.

10 THE COURT: OVERRULED.

11 YOU CAN ANSWER.

12 THE WITNESS: PROBABLY MORE LIKE A MONTH. I’M NOT SURE.

13

14 BY MR. DUSEK:

15 Q.: WHEN YOU LIVED AT HIS RESIDENCE, LIVING IN THE

16 HOUSE WAS THE DEFENDANT, YOUR MOTHER, YOU AND WHO ELSE?

17 A.: MY SON.

18 Q.: HE WAS HOW OLD?

19 A.: ONE.

20 Q.: WHERE DID YOU AND YOUR SON SLEEP?

21 A.: UPSTAIRS IN A BEDROOM.

22 Q.: DID HE HAVE AN OFFICE UPSTAIRS?

23 A.: YES.

24 Q.: WERE THERE A COUPLE BEDROOMS UPSTAIRS? DO YOU

25 REMEMBER HOW MANY?

26 A.: THREE BEDROOMS AND HIS OFFICE.

27 Q.: WAS ANYONE ELSE LIVING IN THE HOUSE WHEN YOU WERE

28 THERE?

.

7647

1 A.: HIS SON WOULD BE THERE ON AND OFF.

2 Q.: OVERNIGHT TYPE THING?

3 A.: UM-HMM.

4 Q.: IS THAT A YES?

5 A.: YES.

6 Q.: SO HE WASN’T LIVING THERE FULL-TIME?

7 A.: HE WOULD BE THERE ON AND OFF.

8 Q.: WHAT DOES THAT MEAN?

9 A.: MAYBE EVERY OTHER WEEKEND OR SO, SOMETIMES DURING

10 THE WEEK. THERE WAS — I DON’T THINK THERE WAS A SCHEDULE TO IT

11 Q.: THERE WAS AN OFFICE IN THAT HOUSE?

12 A.: YES.

13 Q.: WHOSE OFFICE WAS THAT?

14 A.: DAVID’S OFFICE.

15 Q.: THE DEFENDANT?

16 A.: YES.

17 Q.: DID YOU EVER GO IN THERE?

18 A.: YES.

19 Q.: IS THAT WHERE THE DEFENDANT DID HIS WORK?

20 A.: YES.

21 Q.: THAT WAS HIS PERSONAL ROOM?

22 A.: HIS — HIS SON WOULD GO IN THERE, TOO.

23 Q.: ALL RIGHT.

24 THAT’S WHERE MR. WESTERFIELD WOULD DO HIS WORK?

25 A.: YES.

26 Q.: THAT’S WHERE HE HAD ALL HIS MANUALS FOR HIS JOB?

27 A.: I DON’T KNOW.

28 MR. BOYCE: OBJECTION, SPECULATION UNLESS SHE KNOWS.

.

7648

1 THE COURT: SHE SAID I DON’T KNOW. THE ANSWER WILL

2 STAND.

3

4 BY MR. DUSEK:

5 Q.: WAS THERE A DOG AT THE HOUSE WHEN YOU WERE LIVING

6 THERE, MA’AM?

7 A.: YES.

8 Q.: A LITTLE BLACK DOG?

9 A.: YES.

10 Q.: A LITTLE CURLY HAIRED BLACK DOG?

11 A.: YES.

12 Q.: A TERRIER?

13 A.: I DON’T KNOW WHAT KIND OF DOG IT IS.

14 Q.: WHAT DID IT LOOK LIKE?

15 A.: IT’S SMALL, IT’S BLACK.

16 Q.: WHEN WAS THAT DOG STAYING AT THE HOUSE? IS THAT

17 BACK IN — WHEN YOU WERE THERE, IN THE YEAR 2000?

18 A.: I THINK SO.

19 Q.: DO YOU KNOW WHERE NEIL, THE SON, WAS LIVING

20 FULL-TIME?

21 A.: I THINK AT HIS MOM’S. I NEVER SAW NEIL OUTSIDE

22 OF —

23 MR. DUSEK: OKAY. THANK YOU, MA’AM.

24 THE COURT: ALL RIGHT.

25 ANYTHING FURTHER?

26 MR. BOYCE: YES, YOUR HONOR.

27

28 ///

.

7649

1 REDIRECT EXAMINATION +

2 BY MR. BOYCE:

3 Q.: DO YOU RECALL IF IT WAS NOVEMBER OF 2000 WHEN MR.

4 WESTERFIELD GOT THE NEW MOTOR HOME?

5 A.: I THINK IT WAS WHEN I WAS STAYING THERE THAT HE DID

6 GET THE NEW MOTOR HOME.

7 Q.: AND THE TIME THAT YOU’VE DESCRIBED WHERE HE WAS

8 ADDING SOMETHING TO IT, OR DOING SOME WORK ON IT AT THE PARK,

9 WAS THIS — DID THIS OCCUR A YEAR AGO ON JULY 4TH OF 2001, DO

10 YOU RECALL?

11 A.: I DON’T REMEMBER.

12 Q.: WAS IT WHILE YOU WERE LIVING THERE OR WAS IT AFTER

13 YOU WERE LIVING THERE?

14 A.: IT WAS AFTER I WAS LIVING THERE.

15 Q.: SO IT WAS THE NEW MOTOR HOME THAT HE WAS DOING THIS

16 TO?

17 A.: YES.

18 Q.: YOU DON’T KNOW WHETHER HE DID THE SAME THING TO THE

19 OLD MOTOR HOME OR NOT, IS THAT WHAT YOU SAID?

20 A.: YEAH, I DON’T KNOW.

21 Q.: NOW, WHILE YOU WERE DOING THIS WORK ON THE MOTOR

22 HOME BY THE PARK WAS YOUR FIANCE THERE?

23 A.: YES.

24 Q.: WHO IS YOUR FIANCE?

25 A.: MARK.

26 Q.: MARK. WHAT’S HIS NAME?

27 A.: ESCADERO.

28 Q.: WHAT’S — HE’S A POLICE OFFICER?

.

7650

1 A.: NO.

2 Q.: NO?

3 A.: HIS DAD IS.

4 Q.: OKAY, HIS DAD IS. AND WHILE YOU WERE THERE DID

5 SOMEBODY COME BY AND COMPLAIN ABOUT THE WORK BEING DONE?

6 A.: YES.

7 Q.: WAS THIS A POLICE OFFICER THAT CAME BY?

8 A.: YES.

9 Q.: DID HE HAVE A CONVERSATION WITH YOUR FIANCE?

10 A.: YES.

11 Q.: ‘CAUSE THE OFFICER APPARENTLY KNEW YOUR FIANCE’S

12 FATHER?

13 A.: YES.

14 Q.: WAS THE COMPLAINT ABOUT THE FACT THAT THERE WAS A

15 GENERATOR MAKING SOME NOISE WHICH YOU WERE USING AT THE PARK

16 THERE?

17 MR. DUSEK: OBJECTION, LEADING.

18 THE COURT: SUSTAINED. REPHRASE.

19

20 BY MR. BOYCE:

21 Q.: DO YOU RECALL WHAT THE COMPLAINT WAS ABOUT?

22 A.: I DON’T REMEMBER.

23 MR. BOYCE: THANK YOU, MS. GONZALES.

24 THE COURT: ANYTHING FURTHER?

25 MR. DUSEK: NO. THANK YOU.

26 THE COURT: ALL RIGHT. IS THIS WITNESS TO BE EXCUSED?

27 MR. DUSEK: YES.

28 MR. FELDMAN: YES.

.

7651

1 THE COURT: ALL RIGHT, MA’AM. THANK YOU FOR COMING IN.

2 YOU’RE FREE TO LEAVE. PLEASE REMEMBER NOT TO DISCUSS THE MATTER

3 WITH ANYONE UNTIL THE MATTER’S CONCLUDED.

4 THE WITNESS: THANK YOU.

5 THE COURT: OKAY.

6 MR. FELDMAN: I’M SORRY, JUST A MOMENT.

7 (PAUSE)

8 MR. FELDMAN: YOUR HONOR, CAN I JUST HAVE A MOMENT TO

9 STEP OUTSIDE?

10 THE COURT: SURE.

11 (PAUSE)

12 MR. FELDMAN: STEPHANIE ESCADERO, YOUR HONOR.

13 THE COURT: ALL RIGHT.

14

15 -STEPHANIE ESCADERO, +

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

17

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

19 THE CLERK: WOULD YOU PLEASE STATE YOUR NAME AND SPELL IT

20 FOR THE RECORD?

21 THE WITNESS: STEPHANIE ESCADERO, S-T-E-P-H-A-N-I-E,

22 E-S-C-A-D-E-R-O.

23 MR. FELDMAN: PROCEED, YOUR HONOR?

24 THE COURT: YES.

25

26 DIRECT EXAMINATION +

27 BY MR. FELDMAN:

28 Q.: MA’AM, ARE YOU ACQUAINTED WITH DAVID WESTERFIELD?

.

7652

1 A.: YES, I AM.

2 Q.: ARE YOU ACQUAINTED WITH MR. WESTERFIELD THROUGH A

3 WOMAN CALLED SUSAN L.?

4 A.: YES, I AM.

5 Q.: DID YOU HAVE OCCASION APPROXIMATELY A YEAR AGO TO

6 GO TO A RESIDENCE WITH — OR WHERE MR. WESTERFIELD WAS WITH

7 SUSAN L.?

8 A.: YES.

9 Q.: DID YOU GO WITH ANYBODY ELSE?

10 A.: MY HUSBAND AND I, WE HAD GONE OVER FOR A BARBEQUE.

11 Q.: ALL RIGHT.

12 WHEN YOU WERE AT MR. WESTERFIELD’S HOUSE DID YOU

13 HAVE OCCASION TO SEE MR. WESTERFIELD’S MOTOR HOME?

14 A.: YES. IT WAS PARKED ACROSS THE STREET.

15 Q.: DID YOU, IN FACT — I DON’T KNOW, DID HE TAKE YOU

16 TO THE MOTOR HOME OR DIRECT YOUR ATTENTION —

17 A.: YEAH. WE WERE TALKING ABOUT MOTOR HOMES AND HE

18 OFFERED TO SHOW US HIS.

19 Q.: AND DID YOU THEN WITH YOUR HUSBAND I GUESS WALK

20 ACROSS THE STREET AND TAKE A LOOK AT THE MOTOR HOME?

21 A.: UM-HMM, YES.

22 Q.: CAN YOU TELL ME WAS THE MOTOR HOME LOCKED OR

23 UNLOCKED?

24 A.: NO. WE JUST WALKED RIGHT IN.

25 Q.: DIDN’T SEE ANY KEYS BEING USED TO OPEN IT?

26 A.: NO.

27 Q.: HOW LONG DID YOU STAY IN THE MOTOR HOME?

28 A.: MAYBE TEN, 15 MINUTES OR SO.

.

7653

1 Q.: WHEN YOU EXITED THE MOTOR HOME DO YOU RECALL

2 WHETHER OR NOT MR. WESTERFIELD LOCKED IT?

3 A.: NO. WE JUST LEFT AND CLOSED THE DOOR.

4 Q.: SO IT WAS NOT LOCKED, RIGHT?

5 A.: UM-HMM, YES.

6 Q.: AT THE TIME THAT YOU MADE THESE OBSERVATIONS WAS

7 ANYBODY LOADING OR UNLOADING ANYTHING FROM THE MOTOR HOME?

8 A.: NO.

9 Q.: AND THIS OCCURRED IN AN AFTERNOON?

10 A.: YES, ON A WEEKEND.

11 MR. FELDMAN: THANK YOU, MA’AM. NO FURTHER QUESTIONS.

12 THE COURT: CROSS-EXAMINATION.

13

14 CROSS-EXAMINATION +

15 BY MR. DUSEK:

16 Q.: WHEN WAS THIS?

17 A.: ABOUT A YEAR AGO.

18 Q.: APPROXIMATELY?

19 A.: ROUGHLY, I HONESTLY DON’T RECALL. I JUST KNOW AT

20 LEAST MORE THAN A YEAR.

21 Q.: COULD IT BE TWO YEARS AGO?

22 A.: NO.

23 Q.: WHAT’S THE EXTREME THAT IT COULD BE, LONGEST TIME

24 AGO?

25 A.: IT WOULD HAVE TO BE IN 2001.

26 Q.: ANY TIME IN 2001 IT COULD HAVE BEEN?

27 A.: BEGINNING OF THE YEAR.

28 Q.: YOU WERE EXPECTED AT THE WESTERFIELD RESIDENCE —

.

7654

1 A.: YES.

2 Q.: — THAT DAY?

3 A.: UM-HMM. YES.

4 Q.: YOU HAVE TO ANSWER WITH A —

5 HOW DO YOU KNOW YOU WERE EXPECTED, MA’AM?

6 A.: WE WERE INVITED TO A BARBEQUE.

7 Q.: BY THE DEFENDANT OR SOMEONE ELSE?

8 A.: BY BOTH, SUSAN AND DAVID.

9 Q.: SO THEY KNEW YOU WERE COMING?

10 A.: UM-HMM, YES.

11 Q.: AND YOU WERE INTERESTED IN MOTOR HOMES?

12 A.: WE HAVE A FRIEND THAT HAS A DISCOVERY AND HE SAID

13 THAT’S WHAT HE WANTED, AND HE OFFERED TO SHOW US HIS.

14 Q.: AND YOU HAVE NO IDEA WHETHER OR NOT HE UNLOCKED IT

15 BEFORE YOU GOT THERE?

16 A.: NO, I DO NOT.

17 Q.: AND YOU HAVE NO IDEA WHETHER HE LOCKED IT AFTER YOU

18 LEFT?

19 A.: NO, I DO NOT.

20 Q.: WAS IT A WEEKDAY OR WEEKEND?

21 A.: WEEKEND.

22 Q.: DID YOU SEE ANYBODY AROUND THE MOTOR HOME EXCEPT

23 YOU AND MR. WESTERFIELD?

24 A.: NOT AT THAT TIME, NO.

25 Q.: DIDN’T SEE ANY KIDS HANGING AROUND IT?

26 A.: NO.

27 Q.: WAS IT ON HIS SIDE OF THE STREET OR —

28 A.: ACROSS THE STREET FROM HIS HOUSE.

.

7655

1 Q.: SO THAT WOULD BE AS YOU GO OUT THE DRIVEWAY

2 ACROSS —

3 A.: STRAIGHT ACROSS, YES.

4 Q.: DID YOU TRY TO OPEN THE MOTOR HOME?

5 A.: NO.

6 Q.: SO YOU WEREN’T THE ONE THAT PULLED THE DOOR?

7 A.: NO. DAVID OPENED THE DOOR.

8 Q.: YOU DON’T KNOW HOW HARD OR HOW EASY THAT DOOR IS TO

9 OPEN, DO YOU?

10 A.: I HAVE A FRIEND THAT HAS A MOTOR HOME. YOU JUST

11 OPEN IT NORMAL.

12 Q.: I DON’T CARE ABOUT THAT ONE. I’M CONCERNED ABOUT

13 THIS ONE.

14 MR. FELDMAN: YOUR HONOR, OBJECTION, THE PREFACE. THERE

15 IS NO QUESTION PENDING.

16 THE COURT: OVERRULED.

17

18 BY MR. DUSEK:

19 Q.: ON THIS ONE YOU DO NOT KNOW HOW HARD OR HOW EASY

20 THAT MOTOR HOME DOOR —

21 A.: NO.

22 Q.: — IS TO OPEN; IS THAT CORRECT?

23 A.: CORRECT.

24 Q.: DID YOU HEAR AN ALARM?

25 A.: NO.

26 Q.: DO YOU KNOW IF IT HAD ONE?

27 A.: NO.

28 MR. DUSEK: THANK YOU, MA’AM.

.

7656

1 THE COURT: ALL RIGHT.

2 ANYTHING FURTHER, MR. FELDMAN?

3

4 REDIRECT EXAMINATION +

5 BY MR. FELDMAN:

6 Q.: YOU DON’T KNOW TODAY WHETHER OR NOT THE DOOR OPENS

7 HARDER THAN IT DID A YEAR AGO, DO YOU?

8 A.: NO.

9 MR. FELDMAN: NO FURTHER QUESTIONS.

10 THE COURT: ANYTHING FURTHER?

11

12 RECROSS-EXAMINATION +

13 BY MR. DUSEK:

14 Q.: DO YOU KNOW IF THIS MOTOR HOME THAT YOU SAW WAS HIS

15 CURRENT MOTOR HOME OR A PREVIOUS MOTOR HOME?

16 A.: HIS NEW ONE.

17 Q.: HOW DO YOU KNOW?

18 A.: ‘CAUSE I NEVER SAW ANY ONE EXEMPT FOR THE ONE HE

19 OWNS NOW.

20 Q.: HOW DO YOU KNOW THAT’S THE SAME ONE THAT HE OWNS

21 NOW?

22 A.: I’VE SEEN THE PICTURES OF IT.

23 MR. DUSEK: THANK YOU, MA’AM.

24 THE COURT: ANYTHING FURTHER?

25 MR. FELDMAN: THANK YOU, NO.

26 THE COURT: ALL RIGHT, MA’AM. THANK YOU FOR COMING IN.

27 YOU’RE UNDER AN INSTRUCTION NOT TO DISCUSS YOUR TESTIMONY WITH

28 ANYONE UNTIL THE MATTER’S CONCLUDED, OKAY?

.

7657

1 THE WITNESS: YES, SIR.

2 THE COURT: ALL RIGHT.

3 MR. FELDMAN: COULD WE SIDEBAR PLEASE?

4 THE COURT: SURE, OR YOU JUST WANT TO BREAK FOR LUNCH?

5 MR. FELDMAN: YES.

6 THE COURT: ALL RIGHT.

7 LADIES AND GENTLEMEN, WE’LL GO AHEAD AND BREAK FOR

8 LUNCH. PLEASE REMEMBER THE ADMONITION OF THE COURT NOT TO

9 DISCUSS ANY OF THE EVIDENCE OR TESTIMONY AMONG YOURSELVES OR

10 WITH OTHERS, NOR FORM OR EXPRESS ANY OPINIONS ON THE MATTER

11 UNTIL IT IS SUBMITTED TO YOU.

12 HAVE A PLEASANT LUNCH. WE’LL SEE YOU AT 1:30.

13 HALF PAST 1:00.

14 (AT 11:51 A.M. THE JURY WAS EXCUSED
AND THE FOLLOWING PROCEEDINGS WERE HAD:)
15

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

17 AND ALTERNATES HAVE LEFT THE COURTROOM.

18 OKAY.

19 MR. CLARKE: I BELIEVE THE NEXT WITNESS THAT THE DEFENSE

20 WAS SEEKING TO CALL IS MR. ARMSTRONG. THAT’S THE WITNESS THAT I

21 HAD PROVIDED THE COURT TWO REPORTS AS WELL.

22 THE COURT: ALL RIGHT.

23 LADIES AND GENTLEMEN, THE NEXT ISSUE THAT THE COURT

24 IS GOING TO BE DISCUSSING WITH COUNSEL DEALS WITH POTENTIAL

25 EVIDENTIARY MATTERS. AS A RESULT, THE COURT WILL BE CLOSED TO

26 THE PUBLIC AND THE MEDIA TERMINATED. THANK YOU.

27

28 (WHEREUPON THE COURTROOM IS CLEARED OF PUBLIC AND MEDIA.)

.

7658

1 (SEALED PROCEEDINGS FOLLOW THIS DATE, PAGES 7659

2 THROUGH 7667, BOUND IN SEPARATE VOLUME 29-A. UNSEALED

3 PROCEEDINGS BEGIN ON PAGE 7668. NOTHING OMITTED.)

09073 - July 9th 2002 - Transcript of David Westerfield Trial Day 18 - afternoon 1
09071 -July 9th 2002 - Transcript of David Westerfield Trial Day 18 - morning 1