09073 – July 9th 2002 – Transcript of David Westerfield Trial Day 18 – afternoon 1

TRIAL DAY 18 – PART 3 -afternoon 1


SAN DIEGO, CALIFORNIA, TUESDAY, JULY 9, 2002, 1:30 P.M. (afternoon 1)


WITNESSES:
Danielle L. (16 year-old, daughter of Susan L. ex-girl friend of Westerfield, testified about her relationship with Westerfield, his motor home, camping out)
Jennifer L. (17 year-old, friend of Danielle L., testified about her relationship with Westerfield, his motor home, camping out)
Tanya Dulaney (recalled to testify about fibers taken from the motor home)


–O0O–
(THE FOLLOWING OCCURRED OUT OF THE PRESENCE OF THE JURY:
THE COURT: IN THE WESTERFIELD MATTER THE RECORD WILL REFLECT THE APPEARANCE OF COUNSEL, MR. WESTERFIELD. AND THE JURORS AND ALTERNATES ARE NOT IN THE COURTROOM.
MR. FELDMAN: YOUR HONOR, I’VE SPOKEN WITH MR. DUSEK. WE’RE BRINGING IN TWO MINOR WITNESSES. THERE’S BEEN A SIGNIFICANT EXPRESSION OF CONCERN THAT I REPRESENTED THAT I WOULD COMMUNICATE TO YOUR HONOR THAT THE COURT WOULD DIRECT THE MEDIA TO CUT THEIR HEADS OFF OR DO WHATEVER YOUR HONOR THINKS IS APPROPRIATE. AND I THINK MR. DUSEK WOULD AGREE WITH ME THAT THIS IS — HAS BEEN SOMEWHAT PROBLEMATIC.
MR. DUSEK: CERTAINLY WITH DANIELLE’S FATHER.
THE COURT: WE’VE HAD COMMUNICATIONS, AND IT’S VERY APPARENT THAT THESE CHILDREN SHOULD NOT BE FILMED IN ANY WAY WHEN THEY’RE CALLED TO TESTIFY. COUNSEL WILL BE USING THEIR FIRST INITIAL OF THEIR LAST NAMES, AND THAT WILL BE THE CUE TO YOU FOLKS NOT TO FILM THEM.
MR. FELDMAN: THEY ARE GOING TO BE THE FIRST TWO WITNESSES.
THE COURT: ALL RIGHT. THE FIRST TWO WITNESSES WILL NOT BE FILMED OR PHOTOGRAPHED.
MR. FELDMAN: THANK YOU VERY MUCH, YOUR HONOR.
THE SOUND ENGINEER: AUDIO’S OKAY, SIR?
THE COURT: AUDIO IS OKAY.
(END OF PROCEEDINGS OUT OF THE PRESENCE OF THE JURY.)
THE COURT: WELCOME BACK, LADIES AND GENTLEMEN.
I WOULD JUST LIKE TO ADVISE YOU THE NEXT TWO WITNESSES ARE JUVENILES. AS A RESULT, THEY WILL BE KNOWN BY THEIR FIRST NAMES AND THE FIRST LETTER OF THEIR LAST NAME ONLY FOR PURPOSES OF THIS TRIAL.
ALL RIGHT. MR. BOYCE.
MR. BOYCE: THANK YOU, YOUR HONOR.
DEFENSE CALLS DANIELLE L.

DANIELLE L.,
CALLED AS A WITNESS BY THE DEFENDANT, HAVING BEEN DULY SWORN, TESTIFIED AS FOLLOWS:
DIRECT EXAMINATION BY MR. BOYCE:
Q.: GOOD AFTERNOON.
A.: GOOD AFTERNOON.
Q.: COULD YOU PLEASE SPELL YOUR FIRST NAME AND THE FIRST INITIAL OF YOUR LAST NAME.
A.: DANIELLE. D-A-N-I-E-L-L-E. L.
Q.: HOW OLD ARE YOU, DANIELLE?
A.: I’M SIXTEEN.
Q.: WHAT YEAR ARE YOU IN SCHOOL?
A.: I’M GOING TO BE A SENIOR.
Q.: DO YOU KNOW A PERSON BY THE NAME OF DAVID WESTERFIELD?
A.: YES, I DO.
Q.: DO YOU SEE HIM IN COURT?
A.: YES.
Q.: AND IS HE SEATED HERE ON THE CORNER?
A.: YEAH.
Q.: THE PERSON I’M PUTTING MY HAND ON?
A.: YES.
Q.: HOW LONG HAVE YOU KNOWN DAVID WESTERFIELD?
A.: I’M GUESSING APPROXIMATELY THREE YEARS.
Q.: HOW DID YOU MEET MR. WESTERFIELD?
A.: A FRIEND OF THE FAMILY.
Q.: WAS HE YOUR MOTHER’S BOYFRIEND?
A.: YES.
Q.: AND THAT’S SUSAN L., IS THAT RIGHT?
A.: YES.
Q.: TO YOUR KNOWLEDGE DID YOUR MOTHER LIVE WITH MR. WESTERFIELD FOR A WHILE?
A.: YES.
Q.: DO YOU RECALL WHEN THAT WAS?
A.: I DON’T RECALL.
Q.: DID YOU EVER VISIT YOUR MOM AT MR. WESTERFIELD’S HOUSE?
A.: YES.
Q.: HOW MANY TIMES DID YOU VISIT YOUR MOM AT MR. WESTERFIELD’S HOUSE?
A.: I DON’T RECALL.
Q.: MORE THAN, SAY, TEN TIMES?
A.: YES.
Q.: IT WAS PRETTY FREQUENTLY?
A.: YES.
Q.: DID YOU KNOW WHETHER OR NOT MR. WESTERFIELD HAD A MOTOR HOME?
A.: YES.
Q.: WAS THIS A NEWER MOTOR HOME?
A.: YES, SIR.
Q.: DID YOU KNOW WHETHER HE HAD MORE THAN ONE MOTOR HOME?
A.: YES.
Q.: DO YOU RECALL WHEN IT WAS THAT HE GOT A NEW MOTOR HOME IN EXCHANGE FOR THE OLDER MOTOR HOME?
A.: I BELIEVE IT WAS MY SOPHOMORE YEAR.
Q.: SO THAT WOULD HAVE BEEN ABOUT A YEAR AND A HALF AGO?
A.: YES, SIR.
Q.: DO YOU RECALL WHAT MONTH IT WAS THAT YOU REALIZED MR. WESTERFIELD HAD A NEWER MOTOR HOME?
A.: I DON’T RECALL.
Q.: IN THE NEWER MOTOR HOME DID YOU EVER GO CAMPING WITH YOUR MOM AND MR. WESTERFIELD?
A.: YES.
Q.: WHO ELSE — HOW MANY TIMES DID YOU GO CAMPING, DO YOU THINK?
A.: I DON’T RECALL THE EXACT NUMBER.
Q.: WAS IT MORE THAN TWO TIMES?
A.: YES, SIR.
Q.: MORE THAN FIVE TIMES?
A.: YEAH.
Q.: QUITE A FEW TIMES?
A.: YEAH.
Q.: DO YOU RECALL WHEN THE LAST TIME WAS THAT YOU WENT CAMPING IN MR. WESTERFIELD’S MOTOR HOME?
A.: I DON’T RECALL.
Q.: WAS IT MORE THAN SIX MONTHS AGO?
A.: I COULDN’T GIVE AN EXACT ANSWER.
Q.: OKAY.
WELL, WE JUST HAD THE 4TH OF JULY, SO A YEAR AGO 4TH OF JULY, WAS IT BEFORE OR AFTER THEN?
A.: BEFORE.
Q.: BEFORE THAT LAST 4TH OF JULY. SO MORE THAN A YEAR AGO, IS THAT RIGHT?
A.: YES.
Q.: DO YOU RECALL WHERE YOU WENT ON THAT OCCASION WHEN YOU WENT?
A.: I DON’T RECALL.
Q.: WOULD IT HAVE BEEN — DID YOU EVER GO CAMPING TO GLAMIS?
A.: YES.
Q.: DID YOU EVER GO CAMPING AT THE STRAND?
A.: YEAH.
Q.: DID YOU EVER GO CAMPING TO BORREGO?
A.: YES.
Q.: AND THESE WERE TIMES THAT YOU WENT CAMPING WITH MR. WESTERFIELD AND YOUR MOM, IS THAT RIGHT?
A.: YES.
Q.: ON THOSE OCCASIONS DID YOU ALSO TAKE — DID YOU ALSO INVITE FRIENDS OF YOURS WITH YOU TO GO?
A.: YEAH.
Q.: WAS ONE OF THOSE FRIENDS JENNIFER L.?
A.: YES.
Q.: WHEN YOU WENT, THE LAST TIME THAT YOU WENT CAMPING, DO YOU RECALL HOW LONG THE CAMPING TRIP WAS FOR?
A.: I DON’T RECALL.
Q.: WAS IT MORE THAN A DAY?
A.: I COULDN’T SAY FOR SURE.
Q.: CAN YOU RECALL WHETHER OR NOT IT WAS OVERNIGHT?
A.: YEAH. IT WAS OVERNIGHT.
Q.: WOULD SOME OF THESE CAMPING TRIPS BE LONGER THAN OTHER CAMPING TRIPS?
A.: SOME OF THEM, YEAH.
Q.: SOME OF THEM WOULD BE AS SHORT AS HOW LONG?
A.: MAYBE THE WEEKEND.
Q.: AND OTHERS WOULD BE LONGER?
A.: YEAH.
Q.: DID YOU EVER GO OVERNIGHT ANYWHERE?
A.: YEAH.
(DISCUSSION OFF THE RECORD BETWEEN MR. BOYCE
AND MR. FELDMAN.)
BY MR. BOYCE:
Q.: WHEN YOU — WHEN YOUR MOM WAS LIVING WITH MR. WESTERFIELD, WERE YOU PRESENT WHEN THE MOTOR HOME WAS BEING LOADED AND UNLOADED?
A.: NOT LOADED.
Q.: BUT UNLOADED?
A.: YEAH.
Q.: AND WOULD IT BE PARKED BESIDE MR. WESTERFIELD’S HOUSE WHEN THAT WAS OCCURRING?
A.: OCCASIONALLY.
Q.: YOU TOLD US THAT ON ONE OCCASION YOU WENT CAMPING AT THE SILVER STRAND, AT LEAST ONE OCCASION ANYWAY.
A.: YEAH.
Q.: DO YOU RECALL AN OCCASION WHEN YOU WENT TO THE SILVER STRAND AND IT WAS TOO COLD AND THEN YOUR FAMILY DECIDED TO GO TO THE — TO GLAMIS?
A.: YES, SIR. OR ACTUALLY IT WAS TO BORREGO.
Q.: TO BORREGO?
A.: YES.
Q.: SO STARTED OUT SILVER STRAND AND YOU WENT TO BORREGO?
A.: YEAH.
Q.: WHEN THE MOTOR HOME WAS PARKED ALONGSIDE MR. WESTERFIELD’S HOUSE WHEN IT WAS BEING UNLOADED, — THIS IS A FAMILY NEIGHBORHOOD HE LIVED IN, RIGHT?
A.: YEAH.
Q.: — WOULD YOU HEAR KIDS OUTSIDE?
A.: YEAH.

Q.: THESE SOUNDED LIKE ELEMENTARY SCHOOL KIDS?
A.: M-HM. YES, SIR.
(DISCUSSION OFF THE RECORD BETWEEN MR. BOYCE
AND MR. FELDMAN.)
BY MR. BOYCE:
Q.: AND REFERRING BACK AGAIN TO THE TIME THAT YOU WENT CAMPING AT THE SILVER STRAND AND THEN WENT TO BORREGO, DO YOU RECALL WAS THAT JUST THE MOTOR HOME YOU HAD WITH YOU AT THAT TIME?
A.: I BELIEVE SO. I DON’T EXACTLY RECALL.
Q.: YOU DON’T RECALL THE TOYS OR THE TRAILER WITH YOU AT THAT TIME, DO YOU?
A.: NO.
MR. BOYCE: THANK YOU, DANIELLE.
I DON’T HAVE ANYTHING FURTHER.
THE COURT: CROSS-EXAMINATION.
MR. DUSEK: THANK YOU, YOUR HONOR.

CROSS-EXAMINATION
BY MR. DUSEK:
Q.: AND YOU ARE ABOUT TO BE A SENIOR?
A.: YES.
Q.: HOW LONG WOULD YOU SAY YOUR MOTHER WAS BOYFRIEND WITH MR. WESTERFIELD?
THE COURT: WAS WHO?
MR. DUSEK: BOYFRIEND/GIRLFRIEND RELATIONSHIP.
THE WITNESS: APPROXIMATELY THREE YEARS.
BY MR. DUSEK:
Q.: AND DO YOU REMEMBER WHICH THREE YEARS THOSE WERE?
A.: MY FRESHMAN YEAR AND ON. LIKE I WOULD GUESS — I’M NOT EXACTLY SURE.
Q.: WELL, IF IT WAS THREE YEARS, WAS IT FRESHMAN YEAR, SOPHOMORE YEAR, AND YOU JUST COMPLETED YOUR JUNIOR YEAR?
A.: YES.
Q.: WOULD THOSE BE THE THREE YEARS, ABOUT?
A.: APPROXIMATELY.
Q.: DO YOU REMEMBER ABOUT WHEN IT WAS WHEN YOU BECAME AWARE THAT SHE BROKE UP WITH THE DEFENDANT?
A.: I DON’T RECALL.
Q.: WERE THERE MORE THAN ONE TIMES THAT SHE BROKE UP WITH THE DEFENDANT?
A.: I COULDN’T GIVE YOU AN EXACT ANSWER. I DON’T KNOW.
Q.: WHEN SHE WAS BOYFRIEND AND GIRLFRIEND WITH THE DEFENDANT, WAS SHE LIVING WITH THE DEFENDANT?
A.: YES.
Q.: AND DURING THOSE PERIOD OF TIMES WERE THERE TIMES WHEN SHE MOVED AWAY AND THEN MOVED TO WHERE YOU WERE LIVING OR TO SOME OTHER PLACE?
A.: YES.
Q.: YOU NEVER DID LIVE WITH THE DEFENDANT, DID YOU?
A.: NO.
Q.: WHERE WERE YOU LIVING?
A.: WITH MY FATHER.
Q.: AND WHEN SHE WAS NOT LIVING WITH THE DEFENDANT, YOU WOULD STAY WITH HER AT HER APARTMENT OR HOUSE OR WHEREVER SHE MIGHT BE LIVING AT THAT TIME?
A.: EVERY SO OFTEN.
Q.: THE TIMES THAT YOU WENT TO THE DESERT, DID YOU TAKE THE SAND TOYS, THE THINGS TO RIDE AROUND IN THE SAND DUNES?
A.: YES.
Q.: EVERY TIME?
A.: YES.
Q.: WHAT DID YOU DO OUT THERE WHEN YOU GOT THERE?
A.: UNLOAD, JUST RIDE AROUND, HANG OUT-TYPE THING.
Q.: YOU GOT TO RIDE THEM, TOO?
A.: M-HM.
Q.: IS THAT A YES?
A.: YES.
Q.: AND HE WOULD TOW THE SAND TOYS WITH THE MOTOR HOME OUT TO THE DESERT?
A.: YES.
Q.: DO YOU KNOW WHERE THE TRAILER WAS KEPT?
A.: I DON’T NOW.
Q.: DID YOU EVER SEE THE TRAILER SOMEWHERE EITHER AT HIS HOUSE OR AT AN OFF-SITE PLACE?
A.: YES.
Q.: WHERE?
A.: AT HIS HOUSE.
Q.: DID YOU SEE IT ANYWHERE ELSE?
A.: NO.
Q.: THE TIMES THAT YOU SAW THE MOTOR HOME AT HIS HOUSE, WAS IT ALWAYS ATTACHED TO THE TRAILER?
A.: I DON’T RECALL.
Q.: WELL, CAN YOU REMEMBER ANY TIMES AT ALL WHEN IT WAS JUST THE MOTOR HOME THERE WITHOUT THE TRAILER AND THE SAND TOYS?
A.: YES.
MR. BOYCE: OBJECTION. MISSTATES.
THE COURT: OVERRULED.
THE ANSWER WAS YES.
BY MR. DUSEK:
Q.: THERE WERE TIMES?
A.: YES.
Q.: I’M SORRY?
A.: YES.
Q.: ALL RIGHT.
WHERE WOULD HE PARK THE MOTOR HOME?
A.: DIFFERENT PLACES.
Q.: SUCH AS?
A.: ACROSS THE STREET OR ADJACENT.
Q.: AND YOU NEVER HAD TO HELP PACK BEFORE YOU WENT ON A TRIP?
A.: NO.
Q.: DID YOU SOMEHOW HAVE NOTICE THAT A TRIP WAS COMING SO YOU COULD BE AROUND TO GO?
A.: YEAH.
Q.: HOW DID YOU GET THAT?
A.: FROM MY MOTHER.
Q.: ALL RIGHT.
AND THE TIMES THAT YOU WENT TO THE DESERT WITH THE DEFENDANT, DID YOU GO WITH ANYBODY ELSE WHO WERE ALSO DRIVING MOTOR HOMES?
A.: (NO RESPONSE.)
Q.: LIKE WOULD YOU GO WITH ANOTHER COUPLE THAT ALSO HAD A MOTOR HOME?
A.: NO.
Q.: WOULD YOU MEET UP WITH ANYBODY IN THE DESERT WHEN YOU GOT THERE?
A.: NO.
Q.: SO IT WOULD BE JUST YOUR FAMILY GROUP?
A.: YES.
Q.: AND WHEN YOU WENT TO THE DESERT, DO YOU RECALL GOING THROUGH ANY TOWNS ON THE WAY OUT THERE?
A.: YES.
Q.: WHAT TOWNS?
A.: JULIAN.
Q.: DO YOU REMEMBER GOING THROUGH JULIAN?
A.: YES.
Q.: HOW CAN YOU REMEMBER GOING THROUGH JULIAN?
A.: MY FRIEND’S FATHER HAD A RESTAURANT OUT THERE WE USED TO GO TO.
Q.: ON THE TRIPS TO THE DESERT?
A.: YES.
Q.: WHAT TYPE OF RESTAURANT?
A.: A PIZZA RESTAURANT.
Q.: DO YOU REMEMBER WHERE IT WAS IN JULIAN?
A.: I DON’T RECALL.
Q.: WOULD YOU STOP AND EAT?
A.: YES.
Q.: HOW WOULD YOU FIND A PLACE TO PARK THE R.V. AND THE TRAILER IN JULIAN SO YOU COULD GET SOMETHING TO EAT?
A.: THERE WAS AN OPEN LOT.
Q.: DO YOU REMEMBER THE NAME OF THE RESTAURANT?
A.: I DON’T REMEMBER.
Q.: DID YOU GO THROUGH JULIAN EACH TIME THAT YOU WENT TO THE DESERT?
A.: YES.
Q.: AND ARE YOU ABLE TO ESTIMATE FOR US HOW MANY TIMES YOU THINK YOU WENT OUT THERE TO GLAMIS?
A.: APPROXIMATELY THREE TIMES.
Q.: AND ARE YOU ABLE TO ESTIMATE FOR US THE LAST TIME YOU WENT TO GLAMIS?
A.: I DON’T RECALL.
Q.: YOU CAN’T PUT IT BY ANY LANDMARK OR HOLIDAY OR BIRTHDAY, SUMMER, WINTER, FALL, ANYTHING LIKE THAT?
A.: I DON’T RECALL.
Q.: OKAY.
WHEN YOU GOT TO THE DESERT, WOULD THERE BE SOME SORT OF SET-UP PROCEDURE THAT YOU WOULD HAVE TO GO THROUGH?
A.: NO. WE JUST HELP OUT AND PULL THE THINGS OUT WE NEEDED.
Q.: LIKE WHAT?
A.: ASTROTURF, LIGHTS.
Q.: THERE WERE LIGHTS THAT WERE PUT OUTSIDE?
A.: YES.
Q.: WHERE DID THEY COME FROM?
A.: WE WOULD HAVE THEM WITH US IN THE MOTOR HOME.
Q.: AND HOW ABOUT THE ASTROTURF; WHERE DID THAT COME FROM?
A.: WE HAD IT IN THE MOTOR HOME.
Q.: WERE THERE CHAIRS THAT WOULD BE PUT OUTSIDE?
A.: YES.
Q.: DO YOU RECALL AN AWNING?
A.: YES.
Q.: HOW DO YOU REMEMBER AN AWNING?
A.: ‘CAUSE WE WOULD PULL IT OUT.
Q.: EVERY TIME?
A.: YEAH.
Q.: AT NIGHT WAS ANYTHING DONE WITH THE CURTAINS THERE ON THE WINDSHIELD OF THE MOTOR HOME?
A.: YEAH. WE WOULD CLOSE THEM, HAVE PRIVACY.
Q.: AT NIGHTTIME?
A.: YES.
Q.: SO YOU GUYS COULD GET DRESSED OR GET READY FOR BED TYPE THING?
A.: YES.
Q.: DURING THE DAY THOSE CURTAINS WOULD BE OPEN?
A.: YES.
Q.: YOU TALKED ABOUT GOING TO THE STRAND ONE TIME WHEN IT WAS COLD. WHAT DO YOU MEAN BY COLD?
A.: IT WAS OVERCAST, JUST NOT WARM ENOUGH FOR US TO BE AT THE BEACH.
Q.: COULDN’T EVEN SEE THE SUN, COULD YOU?
A.: I DON’T EXACTLY RECALL, BUT I’M GUESSING SO.
Q.: DO YOU REMEMBER HOW LONG YOU STAYED THERE ON THAT OVERCAST DAY?
A.: I DON’T RECALL.
Q.: AND FROM THERE WHERE DID YOU GO?
A.: TO BORREGO SPRINGS.
Q.: DIDN’T GO TO GLAMIS THAT DAY?
A.: NO.
Q.: FROM THE STRAND DID YOU GO HOME BEFORE YOU WENT TO OR DID YOU GO BACK TO POWAY BEFORE YOU WENT OUT TO BORREGO?
A.: NO.
Q.: DO YOU REMEMBER HOW YOU GOT OUT TO BORREGO THAT DAY?
A.: I DON’T RECALL.
Q.: DO YOU REMEMBER IF YOU WENT THE FREEWAY OR SOME OTHER WAY?
A.: I DON’T RECALL.
Q.: IN BORREGO WAS THAT AN ACTUAL CAMPGROUND? BY THAT, I’M SORRY, A CAMPGROUND THAT YOU HAD WATER HOOKUPS AND ELECTRICAL HOOKUPS, PERHAPS?
A.: YES.
Q.: AND WHEN YOU WERE AT GLAMIS, THERE WERE NO HOOKUPS, WERE THERE?
A.: NO.
Q.: YOU JUST HAD TO RELY ON EVERYTHING THAT WAS CONTAINED WITHIN THE MOTOR HOME.
A.: YES.
Q.: WAS THERE ANYTHING TO DO AT BORREGO?
A.: GO ON HIKES OR WALKS.
Q.: AND YOU DIDN’T HAVE YOUR TOYS WITH YOU WHEN YOU WENT TO BORREGO.
A.: NO.
Q.: DID YOU MEET ANYBODY AT BORREGO?
A.: NO.
Q.: YOU TALKED ABOUT FRIENDS GOING WITH YOU. DID A FRIEND ANDREA GO WITH YOU?
A.: I’M SORRY. TO WHICH TRIP?
Q.: ON ANY OF THESE TRIPS.
A.: YES.
Q.: DID THE DEFENDANT SAY ANYTHING ABOUT BRINGING ANDREA ALONG ON ANY OCCASION?
MR. FELDMAN: OBJECTION. WANT A SIDEBAR.
THE COURT: ALL RIGHT.
BOB.
(SIDEBAR DISCUSSION, OUT OF THE HEARING OF THE JURY, AS FOLLOWS:
(PROCEEDINGS NOT PART OF THE PUBLIC RECORD.)
(PROCEEDINGS NOT PART OF THE PUBLIC RECORD.)
(END OF SIDEBAR DISCUSSION.)
BY MR. DUSEK:
Q.: WHEN YOU WENT TO THE DESERT WITH YOUR FRIENDS, HOW LONG WOULD YOU STAY?
A.: VARIOUS TIMES.
Q.: WHICH MEANS WHAT?
A.: FROM THE WEEKEND TO A WEEK.
Q.: A WEEKEND MEANS FRIDAY THROUGH SUNDAY OR SATURDAY THROUGH SUNDAY OR WHAT?
A.: FRIDAY THROUGH SUNDAY.
Q.: AND THERE WERE TIMES IT WAS LONGER THAN THAT?
A.: YES.
Q.: WHILE YOU WERE AT THE WESTERFIELD RESIDENCE, DID YOU EVER SEE HIS SON NEAL THERE?
A.: YES.
Q.: ON HOW MANY OCCASIONS?
A.: I COULDN’T RECALL.
Q.: AND WHEN YOU WENT TO THE DESERT, WHERE WOULD YOU SLEEP IN THE MOTOR HOME?
A.: THE PULL-OUT BED.
Q.: WHAT PART OF THE MOTOR HOME WOULD THAT BE IN?
A.: THE MIDDLE.
Q.: WOULD THAT BE A PULL-OUT BED THAT WAS RIGHT WHERE THE DINING TABLE WOULD BE?
A.: YEAH.
Q.: DO YOU RECALL A TIME THAT YOU WERE LOOKING AT PEOPLE OUT THE REAR WINDOWS AS YOU WERE DRIVING?
A.: YES.
Q.: WE HAVE HEARD ALREADY IN THIS CASE ABOUT YOUR FINGERPRINTS BEING ON SOME REAR WINDOWS IN THAT MOTOR HOME. DO YOU KNOW HOW THEY GOT THERE?
A.: OPENING WINDOWS.
Q.: DO YOU RECALL DOING THAT?
A.: YES.
Q.: WHEN WOULD YOU OPEN THE WINDOWS?
A.: DRIVING OUT TO THE DESERT.
Q.: SO YOU COULD SEE OUT?
A.: YES.
Q.: CURTAINS WOULD BE OPEN?
A.: YES.
Q.: WHEN YOU GOT OUT TO THE DESERT, WOULD THE CURTAINS STAY OPEN EXCEPT AT NIGHT?
A.: I DON’T RECALL EXACTLY.
Q.: DO YOU REMEMBER AT ANY TRIP TO THE DESERT OR ANY OTHER PLACE WHILE YOU WERE IN THE MOTOR HOME KIND OF LOOKING OUT THOSE REAR WINDOWS AND LAUGHING, TEASING, GOOFING OFF WITH OTHER PEOPLE IN CARS GOING BY?
A.: YES.
MR. DUSEK: THANK YOU, MA’AM.
THE COURT: ALL RIGHT.
ANYTHING FURTHER, MR. BOYCE?
(DISCUSSION OFF THE RECORD BETWEEN MR. BOYCE
AND MR. FELDMAN.)
MR. BOYCE: JUST A MOMENT, YOUR HONOR, PLEASE.
(DISCUSSION OFF THE RECORD BETWEEN MR. BOYCE
AND MR. FELDMAN.)

REDIRECT EXAMINATION
BY MR. BOYCE:
Q.: DANIELLE, YOU’VE TOLD US THAT ON SOME OCCASIONS YOU WOULD STOP IN A RESTAURANT IN OR NEAR JULIAN. IS THAT RIGHT?
A.: YES.
Q.: ON THREE OCCASIONS THAT YOU RECALL.
A.: NO.
Q.: HOW MANY TIMES DID YOU STOP AT THE RESTAURANT?
A.: ONCE I BELIEVE.
Q.: JUST ONCE THAT YOU REMEMBER?
A.: YEAH.
Q.: AND THIS RESTAURANT BELONGED TO A FRIEND OF YOURS?
A.: YES.
Q.: THAT HAD GONE CAMPING WITH YOU?
A.: NO.
Q.: BUT IT WAS A FRIEND OF YOURS OR —
A.: YEAH.
Q.: AND DID THIS HAPPEN DURING THE SUMMER, DO YOU RECALL?
A.: I DON’T RECALL.
Q.: DO YOU RECALL WHETHER IT WAS WARM OUTSIDE OR IT WAS WARM TIME OF YEAR OR NOT?
A.: I DON’T EXACTLY RECALL.
Q.: ONE THING I FORGOT TO ASK YOU. DO YOU HAVE A SISTER?
A.: YES.
Q.: CHRISTINE GON — CHRISTINE, IS THAT HER NAME?
A.: YES.
Q.: CAN YOU DESCRIBE HER BRIEFLY, WHAT SHE LOOKS LIKE?
A.: DARK HAIR. DARK SKIN.
Q.: DO YOU KNOW WHETHER OR NOT SHE TESTIFIED TODAY?
A.: YES.
Q.: SHE DID TESTIFY, IS THAT RIGHT?
A.: YES.
MR. BOYCE: THANK YOU.
I DON’T HAVE ANYTHING FURTHER.
THE COURT: ANYTHING FURTHER?

RECROSS-EXAMINATION
BY MR. DUSEK:
Q.: WHAT COLOR IS YOUR HAIR?
A.: BLOND.
Q.: HAVE YOU TREATED IT A LITTLE BIT?
A.: YES.
Q.: HOW LONG HAVE YOU HAD THAT, THE TREATMENT?
A.: APPROXIMATELY TWO YEARS.
MR. DUSEK: THANK YOU, MA’AM.
THE COURT: ANYTHING FURTHER, MR. BOYCE?
MR. BOYCE: NO, YOUR HONOR.
THE COURT: DANIELLE, THANK YOU VERY MUCH FOR COMING IN. YOU’RE FREE TO LEAVE. REMEMBER, HOWEVER, YOU’RE UNDER AN ADMONITION NOT TO DISCUSS YOUR TESTIMONY WITH ANYONE UNTIL THE CASE IS OVER. OKAY?
THE WITNESS: M-HM.
THE COURT: ALL RIGHT. HAVE A GOOD DAY.
(THE WITNESS WAS EXCUSED.)
MR. BOYCE: JENNIFER L., YOUR HONOR.
MR. FELDMAN: YOUR HONOR, THE SAME ISSUE.
THE COURT: THEY KNOW THAT.

JENNIFER L.,
CALLED AS A WITNESS BY THE DEFENDANT, HAVING BEEN DULY SWORN, TESTIFIED AS FOLLOWS:
THE WITNESS: (AFTER THE ADMINISTRATION OF THE OATH BY THE CLERK) WHAT AM I SUPPOSED TO SAY?
THE COURT: WELL, WHAT’S THE ANSWER TO THE QUESTION?
THE WITNESS: YES.
THE COURT: ALL RIGHT. THEN COME ON UP. HAVE A SEAT.
THE WITNESS: SORRY.
THE COURT: THAT’S OKAY. DON’T BE NERVOUS. JUST RELAX. THESE CAMERAS ARE NOT FOCUSED ON YOU.
ALL RIGHT, MR. BOYCE.
MR. BOYCE: THANK YOU, YOUR HONOR.

DIRECT EXAMINATION
BY MR. BOYCE:
Q.: COULD YOU PLEASE STATE AND SPELL YOUR FIRST NAME AND GIVE US THE FIRST INITIAL OF YOUR LAST NAME.
A.: JENNIFER L. J-E-N-N-I-F-E-R.
Q.: GOOD.
HOW OLD ARE YOU, JENNIFER?
A.: SEVENTEEN.
Q.: DO YOU KNOW A PERSON BY THE NAME OF DAVID WESTERFIELD?
A.: YES, I DO.
Q.: DO YOU SEE HIM IN THE COURTROOM?
A.: YES, I DO.
Q.: IS THIS THIS GENTLEMAN IN THE BLUE SUIT THAT I HAVE MY HAND ON?
A.: YEAH.
Q.: DID YOU MEET HIM THROUGH YOUR FRIEND DANIELLE?
A.: YES.
Q.: IS THAT THE YOUNG LADY THAT JUST TESTIFIED?
A.: YES.
Q.: HOW LONG HAVE YOU KNOWN MR. WESTERFIELD?
A.: ABOUT TWO YEARS.
Q.: DID YOU USED TO VISIT DANIELLE WHEN DANIELLE’S MOTHER WAS LIVING WITH MR. WESTERFIELD?
A.: YES.
Q.: DO YOU RECALL HOW MANY OCCASIONS YOU VISITED DANIELLE AT MR. WESTERFIELD’S HOUSE?
A.: THERE WERE QUITE A FEW. I DON’T REMEMBER HOW MANY EXACTLY.
Q.: AND DURING THAT PERIOD OF TIME WERE YOU INVITED TO GO CAMPING WITH DAVID WESTERFIELD AND VARIOUS FAMILY MEMBERS?
A.: YES.
Q.: DO YOU RECALL HOW MANY TIMES YOU WENT CAMPING WITH MR. WESTERFIELD?
A.: TWICE.
Q.: AND ON THOSE TWO OCCASIONS WHERE DID — WELL, THE FIRST OCCASION, WHERE DID YOU GO?
A.: GLAMIS.
Q.: AND THE SECOND OCCASION WHERE DID YOU GO?
A.: BORREGO SPRINGS.
Q.: WAS THAT A TIME WHEN YOU FIRST WENT TO THE SILVER STRAND AND THEN YOU WENT ON TO BORREGO SPRINGS?
A.: CORRECT.
Q.: DO YOU RECALL WHEN IT WAS THAT YOU WENT TO GLAMIS CAMPING?
A.: THANKSGIVING OF THE YEAR 2000.
Q.: AND WHEN WAS IT THAT YOU WENT TO THE SILVER STRAND AND THEN BORREGO?
A.: I DON’T REMEMBER THE EXACT DATE, BUT IT WAS IN THE BEGINNING OF 2001. DURING THE SCHOOL YEAR.
Q.: SO ABOUT A YEAR AND A HALF AGO?
A.: CORRECT.
(DISCUSSION OFF THE RECORD BETWEEN MR. BOYCE
AND MR. FELDMAN.)
MR. BOYCE: THANK YOU, JENNIFER.
THE COURT: ALL RIGHT.
CROSS-EXAMINATION

CROSS-EXAMINATION
BY MR. DUSEK:
Q.: HOW CAN YOU REMEMBER IT WAS THANKSGIVING WHEN YOU WENT TO GLAMIS?
A.: BECAUSE DANIELLE AND I GOT SHIRTS OUT THERE THAT SAID THANKSGIVING ON THEM. IT WAS A BIG WEEKEND IN GLAMIS.
Q.: YOU GOT THE SHIRTS AT GLAMIS?
A.: M-HM. YES.
Q.: GOOD SHOPPING CENTER OUT THERE?
A.: THERE’S LIKE A TOWN AND STUFF. THERE’S LIKE STORES. KIND OF.
Q.: DO YOU REMEMBER WHAT TOWNS YOU WENT THROUGH TO GET TO GLAMIS?
A.: WE WENT THROUGH THE DUNES.
Q.: ON YOUR TRIP FROM SAN DIEGO AREA, DO YOU REMEMBER WHAT TOWNS YOU WENT THROUGH?
A.: I DON’T REMEMBER.
Q.: DO YOU REMEMBER GOING THROUGH JULIAN?
A.: ON THE WAY HOME.
Q.: HOW CAN YOU REMEMBER GOING THROUGH IT ON THE WAY HOME?
A.: BECAUSE WE WENT TO MY FRIEND’S DAD’S RESTAURANT IN JULIAN AND ATE THERE.
Q.: WHAT KIND OF PLACE WAS IT?
A.: A PIZZA RESTAURANT.
Q.: AND THIS WAS IN THANKSGIVING?
A.: YES.
Q.: DO YOU RECALL IF IT WAS DAYTIME, NIGHTTIME, WHEN YOU WENT THROUGH JULIAN?
A.: IT WAS LIKE MIDAFTERNOON, EVENINGTIME.
Q.: DO YOU KNOW WHAT BLACK ICE IS?
A.: NO.
Q.: DO YOU KNOW WHAT BANNER GRADE IS, WHERE THAT’S LOCATED?
A.: NO.
Q.: WHEN YOU WENT OUT TO JULIAN, DID YOU HAVE TO HELP SET UP WHEN YOU GOT OUT THERE?
A.: JUST A LITTLE BIT. LIKE BRING OUT THE CHAIRS AND THE TABLES AND STUFF.
THE COURT: COUNSEL, I THINK YOU MAY HAVE MISSPOKE. I THINK YOU SAID JULIAN.
MR. DUSEK: IF I DID, I DID MISSPEAK. I’M TALKING ABOUT GLAMIS.
THE COURT: LET’S GET IT CLARIFIED FOR THE RECORD.
BY MR. DUSEK:
Q.: WHEN YOU WERE AT GLAMIS, DID YOU HAVE TO HELP SET UP CAMP?
A.: YES.
Q.: WHAT DID YOU DO?
A.: BROUGHT OUT LIKE THE GREEN CARPET SO IT WOULDN’T GET SAND IN THE TRAILER. BROUGHT THE TOYS OUT. JUST SET UP THE TABLE AND LIGHT THE BARBECUE AND STUFF.
Q.: WHAT ARE THE TOYS?
A.: THERE WAS TWO QUADS AND A RAIL I BELIEVE.
Q.: THOSE ARE THINGS TO RIDE AROUND THE SAND DUNES?
A.: YES.
Q.: DID YOU HAUL THEM OUT TO THE DESERT THAT DAY?
A.: WE TRIED.
Q.: YOU HAULED THEM FROM SAN DIEGO TO THE DESERT?
A.: YES.
Q.: WHO ALL WENT?
A.: DAVID, SUSAN, DANIELLE, ANTHONY L. I THINK THAT’S IT. I DON’T REMEMBER.
Q.: WHO IS ANTHONY?
A.: DANIELLE’S LITTLE BROTHER.
Q.: WHEN YOU GOT OUT THERE, DO YOU RECALL THE CURTAINS ON THE FRONT, ON THE WINDSHIELD, BEING CLOSED AT NIGHT?
A.: I’M PRETTY SURE WE CLOSED THEM AT NIGHT WHEN WE WENT TO BED.
Q.: DO YOU REMEMBER WHY YOU WOULD CLOSE THEM AT NIGHT?
A.: SO WE COULD SLEEP AND IT WOULD BE DARK. PRIVACY.
Q.: ALL RIGHT.
THEY WOULD BE OPEN DURING THE DAY?
A.: CORRECT.
Q.: YOU TALKED ABOUT ONE TIME GOING TO BORREGO. IS THAT RIGHT?
A.: CORRECT.
Q.: AND WAS THAT A TIME WHERE YOU FIRST WENT TO THE STRAND?
A.: YES.
Q.: WHY DIDN’T YOU STAY AT THE STRAND?
A.: IT WAS REALLY COLD.
Q.: OVERCAST?
A.: CLOUDY AND NOT A GOOD PLACE TO BE.
Q.: HOW LONG DID YOU HANG AROUND THERE?
A.: WE WERE THERE PROBABLY LIKE AN HOUR.
Q.: AND THEN FROM THERE WHERE DID YOU GO?
A.: TO BORREGO.
Q.: DID YOU GO UP TO POWAY FIRST BEFORE YOU WENT TO BORREGO?
A.: NOT THAT I REMEMBER.
Q.: DO YOU REMEMBER WHAT ROUTE YOU TOOK TO BORREGO FROM THE STRAND?
A.: NO, I DON’T.
Q.: DO YOU KNOW IF YOU WENT THE FREEWAY?
A.: I HAVE NO IDEA.
Q.: AT BORREGO CAN YOU DESCRIBE THAT PLACE FOR US?
A.: THE DESERT. IT WAS BARE THERE WAS NOTHING AROUND. JUST A LITTLE CAMPGROUND THAT WE GOT TO IN THE EVENING. IT WAS DARK.
Q.: BORING?
A.: YEAH. THERE WASN’T MUCH TO DO OUT THERE. IT WAS WINDY, HOT, AND HUMID.
Q.: WERE THERE HOOKUPS? AND BY THAT I MEAN WATER OR ELECTRICITY HOOKUPS FOR THE MOTOR HOME.
A.: YES.
Q.: SO THIS WAS A REGULAR CAMPGROUND.
A.: YES.
Q.: AT BORREGO YOU JUST KIND OF STOP WHEREVER YOU WANT TO STOP AND THERE ARE NO HOOKUPS?
A.: YEAH.
THE COURT: COUNSEL, I THINK YOU MISSPOKE AGAIN.
MR. DUSEK: I DID. GLAMIS. GLAMIS.
BY MR. DUSEK:
Q.: AT GLAMIS THERE WERE NO HOOKUPS?
A.: YES.
Q.: HOW LONG WERE YOU OUT AT GLAMIS WOULD YOU SAY?
A.: I BELIEVE IT WAS LIKE TWO DAYS.
Q.: HOW MANY NIGHTS?
A.: TWO.
Q.: WE HAVE HEARD THAT YOUR FINGERPRINTS HAVE BEEN FOUND ON A WINDOW IN THE REAR OF THE MOTOR HOME. DO YOU KNOW HOW THEY GOT THERE?
A.: ON THE WAY TO THE DESERT, DANI AND I WERE IN THE BACK IN THE BEDROOM THE WHOLE WAY. AND WE WERE JUST PLAYING AROUND LIKE ON THE WINDOWS, LIKE OPENING THEM AND MAKING FACES AT PEOPLE DRIVING AND STUFF. WE WERE JUST BEING CRAZY.
Q.: WOULD THEY BE PEOPLE GOING THE SAME WAY AS YOU?
A.: CORRECT.
Q.: SO THEY WOULD BE HEADING IN THE SAME DIRECTION AS YOU ON THE WAY TO GLAMIS?
A.: YES.
MR. DUSEK: THANK YOU, MA’AM.
THE COURT: ALL RIGHT.
ANYTHING FURTHER, MR. BOYCE?
MR. BOYCE: THANK YOU, YOUR HONOR.
/ / /
/ / /
REDIRECT EXAMINATION
BY MR. BOYCE:
Q.: THE TEESHIRTS THAT YOU TOLD US ABOUT, THE THANKSGIVING TEESHIRTS, WERE THOSE TEESHIRTS MR. WESTERFIELD BOUGHT FOR YOU?
A.: YES.
Q.: AND THE TIME THAT YOU — THAT YOU WENT TO GLAMIS, YOU ARRIVED — DID YOU ARRIVE IN THE NIGHTTIME?
A.: I DON’T REMEMBER.
Q.: DO YOU REMEMBER WHETHER IT WAS DARK OUT?
A.: I HAVE NO IDEA. I DON’T REMEMBER.
Q.: NOW, THE FIRST TIME YOU AND I MET WAS OUTSIDE THE COURTROOM BEFORE YOU TESTIFIED, IS THAT RIGHT?
A.: CORRECT.
Q.: AND WE JUST SAW EACH OTHER, SAID HELLO, AND THAT WAS ABOUT IT, RIGHT?
A.: CORRECT.
Q.: DID YOU MEET WITH MR. DUSEK OVER THE LUNCH HOUR?
A.: YES.
Q.: THIS GENTLEMAN AT THE END OF THE TABLE HERE?
A.: YES.
Q.: WHERE DID YOU MEET WITH HIM?
A.: IN AN OFFICE.
Q.: ANYBODY ELSE PRESENT BESIDES YOU AND YOUR MOM PROBABLY?
A.: YES.
Q.: WHO ELSE WAS PRESENT?
A.: I DON’T KNOW THEIR NAMES. THERE WERE TWO OTHER GENTLEMEN THERE.
Q.: THESE GENTLEMEN HERE?
A.: I BELIEVE SO.
Q.: ARE YOU GUESSING?
A.: YES. I’M NOT POSITIVE. THEY WERE SITTING BEHIND ME AND I WAS TALKING TO MY MOM.
Q.: HOW LONG DID YOU MEET WITH THEM?
A.: ABOUT FIVE TO TEN MINUTES.
MR. BOYCE: I HAVE NOTHING FURTHER.
THE COURT: ANYTHING FURTHER, MR. DUSEK?
MR. DUSEK: NO, YOUR HONOR. THANK YOU.
THE COURT: ALL RIGHT.
JENNIFER, THANK YOU FOR COMING IN. YOU ARE FREE TO LEAVE. REMEMBER YOU ARE UNDER AN ADMONITION NOT TO DISCUSS YOUR TESTIMONY WITH ANYONE UNTIL THE MATTER IS OVER. OKAY?
THE WITNESS: OKAY.
THE COURT: ALL RIGHT. THANKS FOR COMING IN.
(THE WITNESS WAS EXCUSED.)
THE COURT: OKAY. ALL RIGHT, LADIES AND GENTLEMEN, YOU’LL REMEMBER THAT THE PEOPLE HAD SOME REMAINING EVIDENCE THAT THEY WERE GOING TO PUT IN BEFORE THEY FORMALLY RESTED, BUT IT WASN’T QUITE READY. AND, AS A RESULT, THEY ALLOWED THE DEFENSE TO BEGIN ITS CASE. YOU’RE NOW GOING TO HEAR THEIR LAST TWO WITNESSES IN THEIR CASE IN CHIEF. SO WE’RE BASICALLY SHIFTING BACK NOW TO THE PROSECUTION’S CASE.
MR. CLARKE.
MR. CLARKE: THANK YOU, YOUR HONOR.
PEOPLE WOULD RECALL TANYA DULANEY.
THE COURT: ALL RIGHT.
TANYA DULANEY,
RECALLED AS A WITNESS BY THE PLAINTIFF, PREVIOUSLY HAVING BEEN DULY SWORN, TESTIFIED AS FOLLOWS:
THE COURT: MISS DULANEY, YOU ARE STILL UNDER OATH. YOU CAN RESUME THE STAND.

DIRECT EXAMINATION
BY MR. CLARKE:
Q.: MISS DULANEY, HOW ARE YOU TODAY?
A.: FINE. THANK YOU.
Q.: I WOULD LIKE TO ASK YOU IF IN THE COURSE OF YOUR WORK AS A TRACE ANALYST — AND JUST SO WE CAN GO BACK BRIEFLY, DOES TRACE ANALYSIS INCLUDE THE EXAMINATION OF FIBERS?
A.: YES, IT DOES.
Q.: DID YOU EXAMINE FIBERS TAKEN FROM TAPE LIFTS TAKEN FROM THE MOTOR HOME IN THIS CASE?
A.: YES, I DID.
Q.: IN PARTICULAR IN YOUR WORK DID YOU EXAMINE WHAT WAS IDENTIFIED OR LABELED AS AN ITEM NUMBER 79?
A.: YES, I DID.
Q.: FIRST OF ALL, DID YOU HAVE ANY INVOLVEMENT IN THE TAKING OF THOSE TAPE LIFTS?
A.: YES. I COLLECTED THOSE TAPE LIFTS WHEN I FIRST WENT INTO THE MOTOR HOME AND DID MY INITIAL EXAMINATION.
Q.: WHEN WAS THAT? WHEN DID YOU COLLECT THESE TAPE LIFTS?
A.: I BELIEVE THAT WAS FEBRUARY 6TH.
Q.: DID YOU TAKE THESE TAPE LIFTS FROM ANY PARTICULAR LOCATIONS IN THE MOTOR HOME?
A.: I DID. I COLLECTED THEM FROM VARIOUS LOCATIONS. MOSTLY FROM UPHOLSTERED SURFACES THAT WOULD INCLUDE THE SEATS OF THE DRIVING AREA OF THE MOTOR HOME, THE COUCH, AND THERE’S ALSO AN UPHOLSTERED CHAIR ACROSS FROM THE COUCH. THE UPHOLSTERED BENCH SEATS IN THE KITCHEN AREA AND THE UPHOLSTERED HEADBOARD IN THE BEDROOM.
Q.: WHY UPHOLSTERED SURFACES?
A.: THOSE TYPES OF FABRICS TEND TO HOLD TRACE EVIDENCE BETTER THAN SMOOTH SURFACES. SO I FOCUSED MOSTLY ON THOSE FABRIC SURFACES.
Q.: AS FAR AS THESE TAPE LIFTS AND I BELIEVE YOU OR PERHAPS NOT YOU AND PERHAPS ANOTHER WITNESS DESCRIBED LITERALLY TAKING A STICKY-TYPE SUBSTANCE AND GOING OVER AREAS. IS THAT WHAT YOU DID?
A.: YES.
Q.: AND THEN LABELED THEM ACCORDINGLY?
A.: YES, I DID.
Q.: DO YOU LABEL THE TAPE LIFTS INDIVIDUALLY BY WHAT THEY WERE TAKEN FROM?
A.: YES. I LABEL EACH ONE AS TO WHAT IT WAS THAT I TOOK THE TAPE LIFTS FROM.
Q.: IN OTHER WORDS, ONE LOCATION, LET’S SAY A BENCH SEAT, VERSUS A FRONT SEAT AND SO FORTH.
A.: YES.
Q.: DID YOU EXAMINE THESE VARIOUS TAPE LIFTS TAKEN IN NUMBER 79 BY YOU?
A.: YES, I DID.
Q.: DID YOU NOTE ANYTHING SIGNIFICANT?
A.: YES, I DID.
Q.: FIRST OF ALL, WHEN DID THIS EXAMINATION TAKE PLACE?
A.: THE MOST RECENT EXAMINATION TOOK PLACE ON JULY 2ND.
Q.: CAN YOU TELL US JUST BROADLY OR GENERALLY FIRST WHAT, IF ANYTHING, OF SIGNIFICANCE DID YOU FIND WHEN YOU BEGAN LOOKING AT THESE TAPE LIFTS FROM THE MOTOR HOME?
A.: I WAS SPECIFICALLY LOOKING FOR TYPES OF FIBERS THAT WE HAD BEEN SEEING IN OTHER LOCATIONS IN THE CASE. AND SO PRIMARILY I WAS LOOKING FOR ORANGE ACRYLIC FIBERS AND BLUE NYLON FIBERS. AND I FOUND A NUMBER OF BLUE NYLON FIBERS ON THOSE TAPE LIFTS FROM THE VARIOUS AREAS OF THE UPHOLSTERED FABRICS IN THE MOTOR HOME.
Q.: I BELIEVE YOU MENTIONED A HEADBOARD IN THE MOTOR HOME. CORRECT?
A.: YES.
Q.: WHERE WAS THAT HEADBOARD LOCATED?
A.: IT’S ON THE BED IN THE MOTOR HOME.
Q.: IF I CAN REFER YOU TO AN EXHIBIT THAT’S BEEN MARKED PREVIOUSLY AS EXHIBIT 50, IT CONTAINS A SERIES OF WHAT LOOKS LIKE FIVE PHOTOGRAPHS, A THROUGH E. FIRST OF ALL, DO ANY OF THESE PHOTOGRAPHS SHOW THE HEADBOARD?
A.: YOU MIGHT BE ABLE TO SEE IT IN D. IT’S WAY AT THE BACK.
Q.: I THINK THE POINTER MIGHT BE THERE. IF YOU CAN, COULD YOU DESCRIBE FOR US WHERE IN PHOTOGRAPH D ON EXHIBIT 50 YOU CAN SEE THE HEADBOARD.
A.: THE HEADBOARD’S WAY AT THE BACK. YOU CAN SEE THE BED. YOU CAN SORT OF SEE THE END OF THE BED RIGHT IN THE MIDDLE OF THE PHOTOGRAPH. AND THEN IF YOU LOOK AT THE VERY BACK YOU MIGHT BE ABLE TO SEE AN UPHOLSTERED HEADBOARD. IT’S VERY DIFFICULT TO SEE, THOUGH.
THE COURT: COUNSEL, THERE’S A WHOLE SERIES THAT YOU HAVEN’T GOTTEN TO.
MR. CLARKE: THANK YOU, YOUR HONOR.
BY MR. CLARKE:
Q.: ACTUALLY IF WE COULD TURN TO EXHIBIT 114. . . DO YOU SEE THAT PHOTOGRAPH?
A.: YES.
Q.: DOES THAT PHOTOGRAPH SHOW THE HEADBOARD?
A.: YES, IT DOES.
Q.: WHERE?
A.: IT WOULD BE HERE ON THE LEFT-HAND SIDE.
Q.: LEFT-HAND SIDE OF THIS LARGE PHOTOGRAPH IN EXHIBIT 114?
A.: YES. RIGHT.
Q.: DID YOU OBSERVE ONE OR MORE OF THESE BLUE FIBERS IN THAT LOCATION; THAT IS, THE — THE TAPE LIFT FROM THE HEADBOARD?
A.: I BELIEVE THERE WERE ELEVEN FIBERS ON THAT PARTICULAR TAPE LIFT OF THE BLUE NYLON.
Q.: DID YOU ALSO DISCOVER AND FIND IN YOUR EXAMINATION OF THESE TAPE LIFTS ANY SIMILAR-TYPE BLUE FIBERS IN THE AREA OF THE KITCHEN BENCH SEATS?
A.: YES, I DID.
Q.: IF I CAN REFER YOU — I’M SORRY. OH. I’M HEARING THINGS.
IF I CAN REFER YOU BACK TO EXHIBIT 50, IS THERE A PHOTOGRAPH THAT DESCRIBES THAT PARTICULAR AREA?
A.: YES.
Q.: ALL RIGHT.
COULD YOU DESCRIBE WHERE THAT IS, PLEASE.
A.: ON BOTH C AND D YOU CAN NOTICE THE BENCH SEATS.
MR. CLARKE: INDICATING FOR THE RECORD, YOUR HONOR, IN APPROXIMATELY THE MIDDLE OR SLIGHTLY RIGHT OF MIDDLE OF PHOTOGRAPH C. AND THE WITNESS IS NOW POINTING TO I THINK WHAT CAN BE DESCRIBED AS THE LEFT SIDE, PERHAPS A LITTLE TO THE FOREGROUND IN PHOTO D.
BY MR. CLARKE:
Q.: IS THAT CORRECT, MISS DULANEY?
A.: YES, THAT’S CORRECT.
Q.: CAN YOU DESCRIBE FOR US HOW MANY, IF ANY, OF THESE BLUE FIBERS YOU DISCOVERED ON THE KITCHEN BENCH SEAT TAPE LIFTS. A.: I BELIEVE THERE WERE THIRTY-ONE ON ALL THE SURFACES COMBINED.
Q.: OF THE KITCHEN BENCH SEATS?
A.: YES.
Q.: I BELIEVE EARLIER YOU SAID THAT YOU ALSO DISCOVERED ONE OR MORE OF THESE BLUE FIBERS ON ONE OF THE FRONT SEATS. IS THAT CORRECT?
A.: THAT’S CORRECT.
Q.: CAN YOU TELL US FIRST OF ALL HOW MANY FIBERS?
A.: I FOUND ONE.
Q.: AND WHERE?
A.: IT WOULD BE ON THE PASSENGER’S FRONT SEAT.
Q.: IS THAT SHOWN IN ANY OF THE PHOTOGRAPHS ON EXHIBIT 50?
A.: YES, IT IS.
Q.: CAN YOU DESCRIBE IT, PLEASE, AND POINT TO THE LOCATION.
A.: ON BOTH A AND B SHOW THE PASSENGER SEAT IN THE FRONT. IN A IT’S JUST TO THE RIGHT OF THE CENTER. AND IN B IT AGAIN IS ON THE RIGHT-HAND SIDE.
Q.: I’M SORRY. HOW MANY FIBERS?
A.: ONE.
Q.: AND THAT WAS A BLUE FIBER?
A.: THAT’S CORRECT.
Q.: DID YOU EXAMINE ANY TAPE LIFTS OF THE ACTUAL DRIVER’S SEAT OF THAT MOTOR HOME?
A.: YES, I DID.
Q.: DID YOU FIND ANY BLUE FIBERS IN THAT LOCATION?
A.: NO, I DID NOT.
Q.: I BELIEVE YOU ALSO DESCRIBED LOOKING AT TAPE LIFTS FROM THE COUCH AREA OF THE MOTOR HOME. IS THAT RIGHT?
A.: THAT’S RIGHT.
Q.: DID YOU DISCOVER ANY BLUE FIBERS THERE?
A.: YES, I DID.
Q.: WHERE?
A.: JUST ON THE TAPE LIFTS OF THE COUCH.
Q.: AND HOW MANY?
A.: THREE.
Q.: IS THAT LOCATION SHOWN ON —
MR. FELDMAN: I’M SORRY. VAGUE AS TO THE LAST QUESTION WHETHER IT WAS TAPE LIFTS OR FIBERS.
THE COURT: NO. IT WAS THREE FIBERS, CORRECT?
THE WITNESS: CORRECT. THREE FIBERS FROM THE TAPE LIFTS COLLECTED FROM THE COUCH.
MR. FELDMAN: THANK YOU.
BY MR. CLARKE:
Q.: IS THE COUCH SHOWN IN ANY OF THE PHOTOGRAPHS IN EXHIBIT 50?
A.: YES.
Q.: CAN YOU DESCRIBE IT, PLEASE.
A.: IT WOULD BE IN PHOTOGRAPH E KIND OF THE RIGHT CENTER.
Q.: WHAT APPEARS TO BE A COUCH?
A.: YES.
Q.: WHAT’S THE TOTAL NUMBER OF THESE FIBERS, CAN YOU TELL US THAT, THE BLUE FIBERS IN THESE LOCATIONS THAT YOU’VE JUST DESCRIBED?
A.: I RECOVERED FORTY-SIX OF THE BLUE FIBERS.
Q.: DID YOU THEN CONDUCT A COMPARISON OF THOSE BLUE FIBERS WITH ANY KNOWN SAMPLES?
A.: YES, I DID.
Q.: WAS THAT DONE BY A VISUAL COMPARISON?
A.: YES.
Q.: THAT YOU HAVE DESCRIBED PREVIOUSLY?
A.: YES.
Q.: IN PREVIOUS TESTIMONY THAT IS.
DID IT ALSO INCLUDE A MICROSCOPIC COMPARISON?
A.: YES, IT DID.
Q.: DID IT ALSO — WELL, BASED ON THOSE TWO ASPECTS, DID YOU NOTE ANY SIMILARITIES BETWEEN ONE OR MORE OF THE WHAT WAS IT FORTY-SIX FIBERS, —
A.: YES.
Q.: — AND ANY KNOWN BLUE FIBERS?
A.: YES, I DID.
Q.: DID YOU THEN CONDUCT ANY FURTHER TESTING WITH RESPECT TO THESE FORTY-SIX BLUE FIBERS?
A.: YES.
Q.: WHAT WAS THAT?
A.: I CONDUCTED THE CHEMICAL ANALYSIS USING THE INFRARED SPECTROMETER THAT I HAD SPOKE ABOUT BEFORE. AND THEN I ALSO DID THE SIDE-BY-SIDE COMPARISON USING THE COMPARISON MICROSCOPE.
Q.: LET’S TALK A LITTLE BIT ABOUT THE KNOWN FIBERS THAT YOU COMPARED, THESE FORTY-SIX BLUE FIBERS, TO — WHAT WERE YOU COMPARING THEM TO?
A.: THOSE FIBERS WERE TAKEN FROM THE SHEET THAT HAD BEEN WRAPPED AROUND DANIELLE PRIOR TO HER BODY BEING PLACED IN THE BODY BAG.
Q.: DO YOU RECALL THE ITEM NUMBER OF THAT SHEET?
A.: IT WAS ITEM 92.
Q.: AS A RESULT OF THE VARIOUS EXAMINATIONS THAT YOU CONDUCTED, BOTH VISUALLY AND BY THE INFRARED METHOD, DID YOU NOTE ANY SIMILARITIES OR CONSISTENCIES BETWEEN THOSE FORTY-SIX FIBERS AND THE BLUE FIBERS TAKEN FROM ITEM 92, THE SHEET COVERING DANIELLE VAN DAM’S BODY?
A.: YES, I DID. IN ALL THE WAYS THAT I MEASURED AND COMPARED THE FIBERS, THE FIBERS FROM THE MOTOR HOME WERE THE SAME AS THE FIBERS ON THE SHEET.
Q.: WERE THEY CONSISTENT IN TERMS OF COLOR BETWEEN AGAIN THE FORTY-SIX FIBERS IN THE MOTOR HOME AND THE FIBERS TAKEN FROM THE SHEET SURROUNDING DANIELLE VAN DAM’S BODY?
A.: YES.
Q.: WERE THEY SIMILAR IN LENGTH?
A.: YES.
Q.: WERE THEY SIMILAR IN OPTICAL PROPERTIES?
A.: YES.
Q.: WHAT DOES THAT MEAN?
A.: THOSE ARE PROPERTIES THAT YOU NOTE ON THE MICROSCOPE AND YOU NOTE THESE PROPERTIES AS YOU CHANGE LIGHTING CONDITIONS. AND THEY’RE SPECIFIC TO EACH TYPE OF FIBER.
Q.: IS THAT A TEST THAT YOU PERFORM AS PART OF THE MICROSCOPIC COMPARISON?
A.: YES, IT IS.
Q.: DID YOU ALSO NOTE WHETHER OR NOT THOSE FORTY-SIX FIBERS WERE CONSISTENT IN TERMS OF THEIR CHEMICAL COMPOSITION OR MAKEUP WITH THE FIBERS TAKEN FROM THE BODY SHEET?
A.: YES, I DID.
Q.: IS THAT FROM THE INFRARED TEST THAT YOU PERFORMED?
A.: YES, IT IS.
MR. CLARKE: YOUR HONOR, I HAVE HAD A BOARD I BELIEVE MARKED EXHIBIT 163.
THE COURT: ALL RIGHT.
MR. CLARKE: WHICH IS TITLED AT THE TOP "QUANTITY OF BLUE FIBER EVIDENCE COLLECTED" AND THEN THE NUMERAL TWO.
THE COURT: ALL RIGHT.
(CHART ENTITLED "QUANTITY OF BLUE FIBER EVIDENCE COLLECTED 2" MARKED TRIAL EXHIBIT NUMBER 163 FOR
IDENTIFICATION.)
BY MR. CLARKE:
Q.: MISS DULANEY, IF I CAN SHOW YOU WHAT’S BEEN MARKED EXHIBIT 163,. . . HAVE YOU HAD A CHANCE TO LOOK AT THIS BOARD BEFORE YOUR TESTIMONY TODAY?
A.: YES, I HAVE.
Q.: WHAT DOES IT SHOW?
A.: THIS SHOWS THE BLUE FIBERS AND THEIR LOCATIONS THAT WERE FOUND ON OR AROUND DANIELLE’S BODY. AND THEN SUBSEQUENTLY ADDITIONAL BLUE FIBERS THAT WERE FOUND ON ITEM 79 WHICH WERE THE TAPE LIFTS FROM THE MOTOR HOME.
Q.: NOW LET’S START PERHAPS WITH THE LOWER PORTION WHICH IS LABELED EVIDENCE COLLECTED FROM DEFENDANT’S MOTOR HOME. WE SEE THE ITEM NUMBER 79 ON THE LEFT, CORRECT?
A.: CORRECT.
Q.: AND THEN UNDER LOCATION WE SEE FOUR DIFFERENT LOCATIONS. ARE THOSE THE SAME LOCATIONS THAT YOU JUST DESCRIBED IN YOUR TESTIMONY?
A.: YES, THEY ARE.
Q.: THEN UNDER FIBER TYPE FOUND, WHAT APPEARS TO BE LABELED IS SHORT BLUE/GRAY NYLON FIBERS. IS THAT RIGHT?
A.: THAT’S CORRECT.
Q.: DOES THAT REFLECT YOUR FINDINGS IN TERMS OF A DESCRIPTION OF THE LENGTH, COLOR, AND TYPE OF THESE BLUE FIBERS?
A.: YES.
Q.: I’M NOT SURE WE USED THE TERM NYLON. DID YOU DETERMINE WHAT THESE FIBERS WERE ACTUALLY MADE OF? IN OTHER WORDS, WHAT THEIR COMPOSITION WAS IN TERMS OF THE TYPE OF FIBER.
A.: YES. AND THAT WAS DONE WITH INFRARED INSTRUMENT, AND THEY ARE NYLON FIBERS.
Q.: NOW, LASTLY TURNING ON THE LOWER PORTION OF EXHIBIT 163, WE SEE NUMBER OF FIBERS. DO YOU SEE THAT?
A.: YES.
Q.: DOES THAT THEN ACCURATELY REFLECT THE NUMBER OF FIBERS YOU FOUND IN EACH OF THE FOUR LOCATIONS YOU DESCRIBED IN YOUR TESTIMONY?
A.: YES, IT DOES.
Q.: NOW, GOING TO THE TOP OF THE BOARD, WE SEE OBVIOUSLY, FIRST OF ALL, UNDER EVIDENCE COLLECTED FROM THE VICTIM, ITEM NUMBER 92, WHITE SHEET FROM AROUND THE BODY. DO YOU SEE THAT?
A.: YES.
Q.: AND THEN THE SAME NOTATION AS TO THE TYPE, LENGTH, AND COLOR OF FIBERS.
A.: YES.
Q.: AND THEN THE NUMBER NINETEEN. WHAT DOES THAT REFLECT?
A.: THAT WAS THE NUMBER OF FIBERS THAT HAD BEEN RECOVERED FROM THAT PARTICULAR ITEM.
Q.: ARE THOSE, THAT IS, THE NINETEEN FIBERS FROM ITEM 92, WHAT YOU USED TO MAKE YOUR COMPARISON TO THE FIBERS FROM THE FOUR DIFFERENT LOCATIONS IN ITEM 79?
A.: YES.
Q.: THE BOARD ALSO REFLECTS ITEMS NUMBERED 108 AND 115. DO YOU SEE THOSE?
A.: YES.
Q.: WHAT ARE THOSE ITEMS?
A.: 108 IS THE HAIR THAT WAS COLLECTED BY THE MEDICAL EXAMINER FROM DANIELLE DURING AUTOPSY. AND I BELIEVE IT’S 115 IS DEBRIS THAT WAS COLLECTED FROM BELOW HER BODY AT THE ACTUAL CRIME SCENE.
Q.: THAT’S ONE FIBER EACH FOR ITEMS NUMBER 108 AND 115?
A.: YES.
Q.: WERE THOSE PART OF YOUR COMPARISON OR NOT?
A.: NO.
Q.: TO YOUR KNOWLEDGE WERE THOSE PART OF A COMPARISON MADE BY ANOTHER ANALYST IN YOUR LABORATORY?
A.: YES.
Q.: PRIOR TO THE WORK THAT YOU PERFORMED MOST RECENTLY?
A.: THAT’S CORRECT.
Q.: WHO’S THAT ANALYST?
A.: THAT’S CRIMINALIST JENNIFER SHEN.
Q.: ARE YOU FAMILIAR WITH THAT PREVIOUS COMPARISON THAT MISS SHEN HAD ENGAGED IN FOR ANY REASON?
A.: YES.
Q.: WHY IS THAT?
A.: WE WORK CLOSELY TOGETHER. AND WE OFTEN REVIEW EACH OTHER’S REPORTS AND NOTES AND SO I WAS FAMILIAR WITH THE WORK SHE WAS DOING IN THIS PARTICULAR CASE.
Q.: DID THAT INCLUDE REVIEWING THE COMPARISONS AND CONCLUSIONS THAT SHE HAD PREVIOUSLY REACHED AND DESCRIBED TO THIS JURY ABOUT BLUE/GRAY NYLON FIBERS THAT INCLUDED ITEMS NUMBER 108 AND 115?
A.: I’M NOT SURE IF I ACTUALLY REVIEWED HER REPORT OR NOT.
Q.: BUT YOU ARE FAMILIAR WITH THE CONCLUSIONS THAT SHE HAD PREVIOUSLY REACHED.
A.: YES, I AM.
Q.: AS FAR AS THE COMPARISON THAT YOU MOST RECENTLY CONDUCTED AS REFLECTED IN ITEMS NUMBER 79, THE FOUR DIFFERENT LOCATIONS, WAS YOUR WORK AND CONCLUSIONS REVIEWED BY ANYONE IN THE LABORATORY?
A.: YES, IT WAS.
Q.: WHO WAS THAT?
A.: CRIMINALIST JENNIFER SHEN.
Q.: DID SHE CONCUR IN YOUR RESULTS?
A.: YES, SHE DID.
MR. FELDMAN: HEARSAY. MOTION TO STRIKE.
THE COURT: OVERRULED. THE ANSWER WILL STAND.
MR. CLARKE: YOUR HONOR, I HAVE ONE MORE BOARD THAT IS PREVIOUSLY MARKED AS EXHIBIT 164. WHAT APPEARS TO BE A BOARD CONTAINING FOUR PHOTOGRAPHS LABELED AT THE TOP "BLUE FIBER COMPARISON."
THE COURT: ALL RIGHT.
(PHOTOBOARD CONTAINING FOUR PHOTOGRAPHS MARKED TRIAL
EXHIBIT NUMBER 164 FOR IDENTIFICATION.)
BY MR. CLARKE:
Q.: MISS DULANEY, IF I COULD REFER YOU TO EXHIBIT 164, DOES THAT BOARD APPEAR FAMILIAR?
A.: YES.
Q.: WHAT IS IT?
A.: THESE ARE ENLARGEMENTS OF PHOTOMICROGRAPHS THAT I TOOK DURING THIS EXAMINATION OF THE SIDE-BY-SIDE COMPARISONS OF THE FIBERS FROM THE MOTOR HOME VERSUS THE FIBERS FROM THE SHEET.
Q.: OKAY.
LET’S START WITH PHOTOGRAPH A. AND IF YOU WOULD, PERHAPS THE POINTER WILL HELP. CAN YOU TELL US WHAT PHOTOGRAPH A SHOWS.
A.: WELL, PHOTOGRAPH A IS SHOWING ONE OF THE FIBERS FOUND ON THE HEADBOARD COMPARED TO THE WHITE — THE BLUE FIBER FOUND IN THE WHITE SHEET. SO AGAIN WE’RE LOOKING, YOU KNOW, WE’RE DOING THE COMPARISON, LOOKING AT THE DIAMETER, HOW WIDE IT IS, THE COLOR, THE DIFFERENT PARTICLES THAT YOU SEE IN THERE. AND THAT’S PART OF OUR COMPARISON AND OUR ANALYSIS.
Q.: WHAT ABOUT PHOTOGRAPH B?
A.: PHOTOGRAPH B IS ONE OF THE FIBERS FOUND ON THE KITCHEN BENCH. AGAIN, SAME THING. WE’RE COMPARING THIS TO ONE OF THE BLUE FIBERS ON THE WHITE SHEET.
Q.: IT LOOKS LIKE ON THE LEFT SIDE OF PHOTOGRAPH B THERE’S MORE THAN ONE FIBER.
A.: YES. WE HAVE — I MEAN I HAVE THESE FIBERS MOUNTED ON A SLIDE. AND SO THERE’S MORE THAN ONE FIBER ON A SLIDE. SO THIS JUST HAPPENS TO BE THE SECOND FIBER THAT’S ALSO THERE.
Q.: OKAY.
WHAT ABOUT PHOTOGRAPH C?
A.: C IS THE ONE FIBER THAT WAS FOUND ON THE PASSENGER SEAT OF THE MOTOR HOME. AGAIN VERSUS ONE OF THE BLUE FIBERS FOUND IN THE WHITE SHEET.
Q.: AND LASTLY PHOTOGRAPH D.
A.: THIS IS ONE OF THE ONES FOUND ON THE COUCH, THE BLUE FIBERS ON THE COUCH, AND THIS AGAIN IS ONE OF THE BLUE FIBERS FOUND ON THE WHITE SHEET.
Q.: SO IS IT CORRECT, THEN, THAT EACH OF THE PHOTOGRAPHS A, B, C, AND D, IN TERMS OF THE ITEM NUMBER 79 FIBER THAT YOU USED REFLECTS ONE FIBER FROM EACH OF THE FOUR DIFFERENT AREAS OF THE MOTOR HOME THAT YOU DESCRIBED PREVIOUSLY?
A.: YES.
Q.: INCLUDING THE HEADBOARD?
A.: YES.
Q.: THE KITCHEN SEAT?
A.: YES.
Q.: THE FRONT PASSENGER SEAT?
A.: YES.
Q.: AND THE COUCH?
A.: YES.
Q.: ALL RIGHT.
MR. CLARKE: THANK YOU.
I HAVE NO FURTHER QUESTIONS.
THE COURT: CROSS-EXAMINATION.

CROSS-EXAMINATION
BY MR. FELDMAN:
Q.: DID YOU PUT THOSE EXHIBITS TOGETHER?
A.: I TOOK THE PHOTOGRAPHS, BUT I DID NOT PUT THE EXHIBIT TOGETHER.
Q.: SO IF I JUST LOOK AT A OR B, THAT’S NOT ONE FIBER, RIGHT? IF I’M LOOKING AT A, IF I LOOK AT A, THAT’S NOT JUST ONE FIBER; THAT’S TWO FIBERS, ISN’T IT?
A.: TWO FIBERS SIDE BY SIDE, ACTUALLY POINT TO POINT I GUESS WOULD BE —
Q.: AND THE SAME WOULD BE THE CASE WITH B AND D AND C, RIGHT?
A.: RIGHT.
Q.: ARE THOSE BLUE FIBERS OR ARE THEY BLUE/GRAY FIBERS?
A.: THEY’RE BLUE WITH A LITTLE BIT OF GRAY IN THE COLOR.
Q.: WELL, YOU DESCRIBE THEM IN YOUR REPORT AS BLUE FIBERS, DON’T YOU?
A.: YES.
Q.: BUT MISS SHEN CALLS THEM BLUE/GRAY FIBERS, DOESN’T SHE?
A.: I THINK I CALLED THEM GRAY/BLUE IN MY NOTES, BUT JUST BLUE IN MY REPORT.
Q.: SO THERE’S A DIFFERENCE OF THE COLOR OF THE DESCRIPTION IN YOUR NOTES AND THE COLOR OF THE DESCRIPTION IN YOUR REPORT?
A.: THERE MAY BE.
Q.: NOW, I THINK YOU JUST TOLD ME THAT IN YOUR NOTES YOU CALLED THEM BLUE/GRAY. RIGHT? YOU’RE CHECKING SOMETHING THERE, MA’AM, AREN’T YOU?
MR. CLARKE: EXCUSE ME. I THINK COUNSEL IS ARGUING WITH THE WITNESS, YOUR HONOR.
THE COURT: SLOW DOWN. ALL RIGHT. NOW APPROACH IT.
BY MR. FELDMAN:
Q.: MA’AM, YOU APPEAR TO BE LOOKING AT SOMETHING AT THE WITNESS BOX, AT THE WITNESS STAND JUST A MOMENT AGO. IS THAT RIGHT?
A.: YES.
Q.: WHAT WAS IT YOU WERE STARTING TO TURN THROUGH?
A.: MY NOTES THAT YOU WERE JUST REFERRING TO.
Q.: BECAUSE YOU DON’T HAVE AN INDEPENDENT RECOLLECTION OF WHAT YOU PUT IN YOUR NOTES?
A.: I BELIEVE I JUST TOLD YOU I PUT GRAY/BLUE.
Q.: ALL RIGHT.
DIRECTING YOUR ATTENTION TO YOUR NOTES, PLEASE TAKE A LOOK AT YOUR NOTES SAY OF 7/02/02, PAGE 3, AND SPECIFICALLY WE’LL SAY TAPE LIFT FROM ITEM 79, I THINK IT’S TL2. DIDN’T YOU CALL IT A SHORT, BLUE, APPARENT NYLON FIBER?
A.: ON PAGE 3?
Q.: YES.
A.: YES.
Q.: AND THEN LOOKING JUST FURTHER DOWN THE PAGE, SAME PAGE, MID SECTION, WITH REGARD TO 79-A, YOU CALL THE FIBER LIGHT, MEDIUM GRAY/BLUE.
A.: YES. BUT I’M DOING A MICROSCOPIC EXAMINATION AT THAT POINT, SO I AM EVALUATING THE COLOR UNDER THE MICROSCOPE. WHEREAS BEFORE I WAS SCANNING THROUGH THEM LOOKING FOR BLUE FIBERS ON THE TAPE LIFT.
Q.: IS THERE A UNIVERSALLY RECOGNIZED WAY IN WHICH YOU WOULD DESCRIBE COLOR AS A FIBER IS EXAMINED?
A.: YES.
Q.: SO THERE’S NO SUBJECTIVITY TO THE PROCESS, IS THAT CORRECT?
A.: OH, BETWEEN ANALYSTS THERE’S CERTAINLY SUBJECTIVITY, OF COURSE.
Q.: SO YOU MEAN TWO ANALYSTS COULD LOOK AT THE SAME FIBER AND HAVE A DIFFERENT CONCLUSION?
A.: AS TO THE SHADE OF COLOR, YES.
Q.: LET ME SEE IF I UNDERSTAND THE TESTIMONY. I THINK YOU TOLD US THAT — I NEED TO GO TO ANOTHER CHART. I’M SORRY.
DIRECTING YOUR ATTENTION, MA’AM, TO 163. 163 IS A CHART THAT DEPICTS A NUMBER OF FIBERS THAT YOU FOUND, IS THAT RIGHT?
A.: YES.
Q.: AND I THOUGHT SOME PLACE YOU MAY HAVE SAID FORTY-SIX. I JUST DON’T — DID YOU SAY THERE WERE FORTY-SIX?
A.: TOTAL, YES.
Q.: AND YOU EXAMINED EACH AND EVERY ONE OF THOSE FIBERS, DID YOU?
A.: I DID LOOK AT EACH AND EVERY FIBER.
Q.: MICROSCOPICALLY?
A.: YES.
Q.: USING MICROSPECTROMETRY?
A.: NO, I DID NOT.
Q.: WHAT’S THE PURPOSE OF MICROSPECTROMETRY?
A.: IT’S ANOTHER — IT’S AN INSTRUMENTAL WAY TO ANALYZE THE COLOR COMPONENTS OF THE FIBER.
Q.: SO DOES IT ADD SOMETHING TO YOUR ANALYSIS, MICROSPECTROMETRY?
A.: IT DOES. IT’S A FURTHER — IT’S PROBABLY A STRONGER CONCLUSION REGARDING COLOR, YES.
Q.: AND, FOR INSTANCE, YOU CAN GET AN EXCLUSION IF YOU EVALUATE SOMETHING MICROSPECTROMETRY AS OPPOSED TO VISUALLY OR MICROSCOPICALLY, IS THAT RIGHT?
A.: YOU CAN.
Q.: SO THERE WAS WHAT YOU’RE TELLING US, THEN, IS THAT WITH REGARD TO THE FORTY-SIX FIBERS THAT YOU EXAMINED, YOU TOLD ME INDIVIDUALLY, RIGHT?
A.: YES.
Q.: THAT WAS JUST A VISUAL EXAM., THOUGH, RIGHT?
A.: RIGHT.
Q.: DO YOU HAVE THE SLIDES WITH YOU?
A.: I DO.
Q.: COULD WE SEE, PLEASE, WHAT SLIDES YOU’VE GOT?
MR. FELDMAN: I WOULD ASK TO HAVE MARKED AS A COURT EXHIBIT THESE SLIDES, YOUR HONOR.
THE COURT: ALL RIGHT.
SO THAT WILL BE NUMBER 167.
THE WITNESS: I WILL NEED A SCISSORS.
THE COURT: ALL RIGHT. WE WILL GET YOU SOMETHING THERE. ARE THEY ALL CONTAINED IN THAT ENVELOPE, MISS DULANEY?
THE WITNESS: YES.
THE COURT: ALL RIGHT. THE ENVELOPE WILL BE MARKED 167.
(MANILLA ENVELOPE AND CONTENTS [MICROSCOPE SLIDES]
MARKED TRIAL EXHIBIT NUMBER 167 FOR IDENTIFICATION.)
MR. FELDMAN: AND JUST WHATEVER WAY YOU ARE MOST COMFORTABLE WITH SO IT DOESN’T ADVERSELY AFFECT THE CONDITION OF THE SLIDES. IF YOU DON’T MIND, PLEASE, I WANT TO PUT ON THE ENVELOPE — YOUR HONOR, FOR THE RECORD I’M PLACING 167 ON THE EXTERIOR OF THE ENVELOPE.
I’M SORRY. I WANT TO JUST DESCRIBE WHAT YOU HAVE JUST DONE.
BY MR. FELDMAN:
Q.: IS IT FAIR TO SAY THAT YOU OPENED UP A LARGER ENVELOPE AND REMOVED FROM THE LARGER ENVELOPE TWO SMALLER ENVELOPES?
A.: YES.
Q.: OKAY.
CAN YOU PLEASE TELL US WHAT YOU EXPECT TO FIND INSIDE THE TWO SMALLER ENVELOPES?
A.: THE TWO SMALLER ENVELOPES ARE FIBERS I REMOVED FROM THE TAPE LIFTS OF THE COUCH, ACTUALLY THE UPHOLSTERED STUFF FROM THE MOTOR HOME, AND ALSO FROM THE TAPE LIFTS OF TOWELS WHICH WE HAVEN’T DISCUSSED YET.
Q.: ALL RIGHT.
SO COULD YOU PLEASE ON MY RIGHT IT SAYS BLUE FIBERS, COMMA, ORANGE FIBERS FROM ITEM 79. COULD YOU TRY THAT ONE, PLEASE.
DID WE BREAK ANYTHING HERE?
A.: NO. THANK YOU.
Q.: A BLUE BOX JUST FELL OUT THAT I JUST HANDED TO YOU. WHAT IS IN THAT BLUE BOX? WHAT IS THAT?
A.: THOSE ARE THE SLIDES WITH THE FIBERS ON THEM.
Q.: SO IN THE BLUE BOX IS WHAT CONTAINS THE SLIDES, MA’AM, OR I SEE SOMETHING THAT APPEARS TO BE LIKE A SQUARE OR A RECTANGLE.
A.: YES. THERE’S TWO CARDBOARD SLIDE HOLDERS. EACH OF THOSE CONTAIN SLIDES THAT CONTAIN ORANGE FIBERS. THEN THERE’S TWO PLASTIC BLUE BOXES THAT EACH CONTAIN SLIDES THAT CONTAIN BLUE FIBERS.
Q.: ALL RIGHT.
COULD WE LOOK AT THE BLUE FIBERS FIRST, PLEASE.
A.: OKAY. DO YOU WANT ME TO TAKE THEM OUT?
Q.: IF THERE’S A WAY FOR US TO ALL SEE WHAT IT IS YOU’RE LOOKING AT. YOU JUST TOLD US YOU DID A VISUAL.
A.: RIGHT. I DID IT WITH THE MICROSCOPE. SO IT’S GOING TO BE DIFFICULT FOR YOU TO SEE THESE.
Q.: OKAY.
MR. FELDMAN: JUST FOR THE RECORD, YOUR HONOR, IT APPEARS THE WITNESS IS HOLDING UP, —
BY MR. FELDMAN:
Q.: MA’AM, COULD YOU DESCRIBE IT, PLEASE.
A.: THIS IS FROM A TAPE LIFT 79-F, WHICH IS ONE OF THE TAPE LIFTS FROM THE KITCHEN BENCH. IT IS A GLASS SLIDE. IT HAS FIVE BLUE FIBERS UNDERNEATH A GLASS COVER SLIP ON THIS GLASS SLIDE.
Q.: ALL RIGHT.
AND DID YOU JUST SAY WE WOULD NEED A MICROSCOPE TO SEE THE FIBERS?
A.: YOU CAN SEE THEM IF YOU HOLD IT UP TO A WHITE BACKGROUND, BUT THEY ARE VERY SMALL. THEY ARE ONLY TWO MILLIMETERS LONG.
Q.: OKAY. I’M SORRY. WE ARE METRICALLY HANDICAPPED HERE. HOW MANY MILLIMETERS TO AN INCH?
A.: THERE’S PROBABLY ABOUT — THREE-TENTHS OF — PROBABLY ABOUT THREE-TENTHS OF AN INCH.
Q.: I’M ASKING YOU HOW MANY MILLIMETERS PER INCH.
A.: HOW MANY MILLIMETERS PER INCH IS ABOUT THIRTY.
Q.: HOW MANY CENTIMETERS PER INCH?
A.: 2.54.
Q.: AND HOW MANY MILLIMETERS PER CENTIMETER?
A.: MILLIMETERS PER CENTIMETER IS TEN.
Q.: I DIDN’T THINK THAT HELPED MUCH.
SO IF WE HOLD THE SLIDE UP TO THE LIGHT, WE CAN’T REALLY SEE ANY FIBER, IS THAT RIGHT?
A.: I CAN SEE THEM BECAUSE I KNOW THEY’RE THERE. BUT IT MAY BE DIFFICULT FOR THE AVERAGE PERSON, YES.
Q.: ALL RIGHT.
I’M SORRY. WITH REGARD TO THE PARTICULAR SLIDE IN YOUR RIGHT HAND, HOW MANY FIBERS ARE IN THERE DO YOU THINK?
A.: FIVE.
Q.: AND YOU’RE THE ONE THAT PLACED THE FIVE FIBERS INTO THAT PARTICULAR SLIDE, IS THAT RIGHT?
A.: THAT’S CORRECT.
Q.: AND WAS IT JUST YOUR CUSTOM AND PRACTICE TO DO SOMETHING SIMILAR TO EACH OF THE REMAINING SLIDES?
A.: YES.
Q.: AND DID YOU PLACE THE SAME NUMBER OF FIBERS IN EACH OR DOES EACH SLIDE REFLECT A DIFFERENT NUMBER?
A.: EACH SLIDE HAS A DIFFERENT NUMBER.
Q.: AND IS THAT NUMBER REFLECTED ON THE OUTSIDE OF THE SLIDE?
A.: YES.
Q.: SO IF WE JUST TOOK ANY ONE AT RANDOM, WE WOULD KNOW BOTH BY THE EVIDENCE NUMBER AND BY A NUMBER THAT’S WRITTEN ON YOUR SLIDE THE NUMBER OF FIBERS?
A.: YES.
Q.: HOW MANY SEPARATE SLIDES ARE PREPARED FOR EACH OF THESE BLUE RECTANGULAR BOXES, IF YOU COULD TELL US, PLEASE?
A.: THERE ARE FIVE IN EACH BOX.
Q.: ALL RIGHT.
SO WE HAVE A TOTAL OF TEN SLIDES IN THESE TWO BLUE CONTAINERS, IS THAT RIGHT?
A.: YES.
Q.: IS THERE A WAY TO PUT THEM AWAY WITHOUT MAKING A MESS?
A.: YES.
Q.: PLEASE.
MR. FELDMAN: BEFORE THIS IS DONE, CAN WE PASS THESE TO THE JURY, YOUR HONOR? IS THERE A WAY TO —
THE COURT: WE ARE NOT GOING TO PUBLISH THESE AT THIS POINT IN TIME.
MR. FELDMAN: ALL RIGHT.
BY MR. FELDMAN:
Q.: I’M SORRY. BEFORE YOU PUT THAT AWAY, THE BIGGER RECTANGULAR ITEMS — I’M SORRY. YOU GOT YOUR HAND ON IT.
A.: THAT’S OKAY.
Q.: WHAT ARE THOSE NOW, PLEASE?
A.: THESE ARE ORANGE FIBERS THAT WERE REMOVED FROM THE TAPE LIFTS FROM THE MOTOR HOME.
Q.: OKAY.
AND IS THERE A WAY — YOU JUST WERE ABLE TO ILLUSTRATE FOR US, AT LEAST WE COULD SEE SOME PORTION OF THE GLASS. IS THERE A WAY TO DO A SIMILAR ILLUSTRATION ON THESE, PLEASE?
A.: YES.
Q.: SO IT APPEARS AS THOUGH YOU OPENED UP THE CARDBOARD AND THERE WERE TWO SLIDES IN THERE. IS THAT RIGHT?
A.: YES.
Q.: AND IS YOUR MARKING SYSTEM SIMILAR SO THAT WE COULD LOOK TO THESE PARTICULAR SLIDES AND SEE AN EXHIBIT NUMBER AND THE NUMBER OF SLIDES THAT ARE THERE?
A.: YES.
Q.: SO, FOR INSTANCE, THE ONE IN YOUR RIGHT HAND, COULD YOU TELL US WHAT IT SAYS, PLEASE?
A.: THIS IS ITEM 79. AND IT’S TAPE LIFT K, WHICH CORRESPONDS TO THE SIDE PASSENGER SEAT. AND THERE’S TWO ORANGE FIBERS.
Q.: ALL RIGHT. YOU CAN PUT THOSE AWAY, TOO, PLEASE. THANK YOU.
WITH REGARD TO THE — THOSE ORANGE FIBERS, YOU CONCLUDED THAT THEY WERE APPARENT ACRYLIC ORANGE FIBERS, IS THAT RIGHT?
A.: YES.
Q.: BUT YOU DID NOT MICROSCOPICALLY EXAMINE THEM, DID YOU?
A.: NO, I DID NOT.
Q.: YOU TOLD ME THAT — SO, THEREFORE, THERE WAS NO COMPARISON DONE BETWEEN THE ORANGE ACRYLIC FIBERS AND ANY OF THE OTHER EVIDENCE, CORRECT?
A.: THAT’S CORRECT.
Q.: YOU TOLD ME THAT I THINK YOU HAD DONE THIS VISUAL IDENTIFICATION OF SOME OF THE BLUE FIBERS. MICROSPECTROMETRY ALLOWS YOU TO DETERMINE WHETHER OR NOT A FIBER IS NYLON OR POLYESTER, IS THAT RIGHT?
A.: NO. THAT’S NOT CORRECT.
Q.: WHAT DOES MICROSPECTROMETRY IDENTIFY?
A.: AS I MENTIONED BEFORE, IT DOES — IT ANALYZES THE COLOR COMPONENTS OF THE FIBER.
Q.: SO WHAT TEST, IF ANY, DO YOU USE TO DETERMINE IF IT’S A NYLON FIBER OR A POLYESTER FIBER?
A.: BOTH THE MICROSCOPICAL ANALYSIS OF THE FIBER AND THE INFRARED ANALYSIS OF THE FIBER GIVES YOU THE GENERIC CLASS OF THE FIBER.
Q.: IS THERE A DIFFERENCE IN NYLON? ARE THERE DIFFERENCES IN NYLON IN THE UNITED STATES?
A.: YES.
Q.: IS THERE SOMETHING CALLED A NYLON 6?
A.: YES.
Q.: IS THERE SOMETHING CALLED A NYLON 6 POINT 6?
A.: 6 COMMA 6, YES.
Q.: WHAT’S THE DIFFERENCE?
A.: IT HAS TO DO WITH THE MOLECULAR STRUCTURE.
Q.: AND WHAT TEST DO YOU PERFORM TO DETERMINE THE DISTINCTION BETWEEN A NYLON 6 AND A NYLON 6 — I’M SORRY — COMMA 6?
A.: YES.
MR. CLARKE: OBJECTION. IRRELEVANT.
THE COURT: OVERRULED.
YOU CAN ANSWER.
THE WITNESS: YOU CAN TELL THAT BY THE INFRARED SPECTRA.
BY MR. FELDMAN:
Q.: DID YOU PERFORM AN INFRARED TEST TO DETERMINE WHETHER OR NOT THESE WERE NYLON 6 FIBERS?
A.: YES.
Q.: WITH REGARD TO MELTING POINT, IS MELTING POINT A TEST THAT YOU CAN UTILIZE TO IDENTIFY MORE SPECIFICALLY A FIBER?
A.: NOT ANY MORE SPECIFICALLY THAN THE INFRARED.
Q.: IF YOU UTILIZE INFRARED — WHOA. WHOA. EXCUSE ME.
WHAT’S THE PURPOSE OF THE MELTING POINT TEST?
A.: IT WAS TO HELP DETERMINE THE SUBCLASS OF NYLON. BUT IT’S BEEN REPLACED PRIMARILY BECAUSE IT’S DESTRUCTIVE. AND THAT THE INFRARED SPECTROMETER IS ADEQUATE FOR DETERMINING THAT.
Q.: BUT ISN’T IT TRUE THAT FIBERS MIGHT CRYSTALLIZE OR MELT AT DIFFERENT TEMPERATURES DEPENDING ON THE KIND OF FIBER?
A.: YES.
Q.: AND ISN’T IT TRUE, THEN, THAT IF YOU UTILIZE THE MELTING POINT TEST, YOU MIGHT BE ABLE TO EXCLUDE INTERNALLY A UNIVERSE OF BLUE FIBERS?
MR. CLARKE: OBJECTION. IRRELEVANT. ALSO CALLS FOR SPECULATION.
THE COURT: SUSTAINED.
MR. FELDMAN: I’M SORRY. SPECULATION, YOUR HONOR?
THE COURT: AND ALSO SHE DIDN’T DO IT.
BY MR. FELDMAN:
Q.: HOW MANY KINDS OF NYLON FIBERS ARE THERE?
A.: I THINK THERE’S PROBABLY SIX OR SEVEN THAT I CAN RECALL.
Q.: CAN YOU NAME THEM?
A.: NO. THERE IS NYLON 4, NYLON 6, NYLON 6,6, NYLON 11, NYLON 12. THAT’S ALL I CAN REMEMBER OFF THE TOP OF MY HEAD.
Q.: AND HOW DO YOU DISTINGUISH BETWEEN THEM?
MR. CLARKE: OBJECTION. IRRELEVANT.
THE COURT: OVERRULED.
YOU CAN ANSWER.
THE WITNESS: AGAIN, YOU CAN DISTINGUISH BETWEEN PRIMARILY FROM THE I.R.’S, THE INFRARED SPECTRA.
BY MR. FELDMAN:
Q.: I THINK YOU JUST TOLD ME THAT — I’M SORRY — DID YOU DO OR YOU DID NOT DO MICROSPECTROMETRY IN THIS CASE WITH RESPECT TO THESE FIBERS, IS THAT RIGHT?
A.: THAT’S CORRECT.
Q.: BUT WITH REGARD TO THE ORANGE ACRYLIC FIBER, I THINK IT’S 120, WAS THAT DONE WITH A MICROSPECTROPHOTOMETER?
MR. CLARKE: OBJECTION. LACK OF FOUNDATION.
THE COURT: SUSTAINED AS TO THOSE COLORED FIBERS.
MR. FELDMAN: ALL RIGHT.
BY MR. FELDMAN:
Q.: DIDN’T YOU WHEN LAST YOU WERE WITH US TELL US THAT YOU WENT TO SACRAMENTO?
A.: I DID.
Q.: AND YOU WENT TO SACRAMENTO TO MEET WITH FAYE SPRINGER, IS THAT RIGHT?
A.: THAT’S CORRECT.
Q.: AND WHY?
A.: TO USE HER MICROSPECTROPHOTOMETER.
Q.: AND THAT WAS FOR THE PURPOSE OF IDENTIFYING I THINK IT WAS CARPET FIBERS, WASN’T IT?
A.: TO ANALYZE THE COLOR COMPONENTS OF THOSE CARPET FIBERS.
Q.: AND YOUR CONCLUSION HAVING GONE THROUGH THAT PROCESS WAS THAT THE FIBERS COULD HAVE SHARED A COMMON SOURCE, IS THAT RIGHT?
A.: YES.
Q.: MR. CLARKE TODAY ASKED YOU WHETHER OR NOT THERE WAS A MATCH. YOU DIDN’T MEAN TO COMMUNICATE THAT THESE ARE IDENTICAL FIBERS. THE BEST OPINION STATEMENT YOU CAN GIVE US IS THAT THEY COULD SHARE A COMMON SOURCE, ISN’T THAT CORRECT?
MR. CLARKE: OBJECTION. MISSTATES THE EVIDENCE.
THE WITNESS: YES.
THE COURT: OVERRULED.
THE WITNESS: YES.
BY MR. FELDMAN:
Q.: AND THAT ALSO MEANS THAT THEY COULD NOT SHARE A COMMON SOURCE, CORRECT?
A.: YES.
Q.: IN FACT, WHEN YOU EARLIER DID AN EVALUATION OF THE CARPET FIBERS, YOU BROUGHT CARPET FIBERS UP TO FAYE SPRINGER BECAUSE YOU HAD CONCLUDED OR FORMED THE OPINION THAT ONE OF THE CARPET FIBERS YOU HAD ANALYZED MIGHT HAVE SHARED A COMMON SOURCE WITH ANOTHER FIBER, IS THAT CORRECT?
A.: YES.
Q.: YET WHEN SHE PERFORMED HER MICROSPECTROPHOTOMETER TEST, SHE EXCLUDED, DID SHE NOT, ONE OF THE FIBERS?
A.: YES. ONE OF THE FIBERS WE DECIDED IT WAS INCONCLUSIVE. WE COULDN’T INCLUDE IT IN THE POSSIBLE SOURCE BECAUSE THERE WERE SOME DIFFERENCES IN ONE AREA.
Q.: I’M SORRY. DID YOU TELL ME THAT THE MELTING POINT TEST WASN’T USED BECAUSE IT WAS DESTRUCTIVE?
A.: YES.
Q.: AND YOU DON’T DO THINGS THAT ARE DESTRUCTIVE TO FIBERS, IS THAT RIGHT?
A.: I TRY NOT TO IF I CAN HELP IT.
Q.: WITH REGARD TO THE CARPET FIBER TESTS, DIDN’T YOU TAKE THOSE CARPET FIBERS AND CUT THEM WITH A RAZOR BLADE TO PUT SECTIONS TO PUT ON THE MICROSCOPE?
A.: YES.
Q.: ISN’T THAT DESTRUCTIVE?
A.: THEY’RE STILL ON THE MICROSCOPE SLIDE SO THEY ARE STILL THERE.
Q.: SO YOU DON’T VIEW THAT AS DESTRUCTIVE, FOR INSTANCE, IN TERMS OF ANY FORM OF EVALUATION, IS THAT RIGHT?
MR. CLARKE: OBJECTION. I THINK ARGUMENTATIVE AND ALSO IRRELEVANT.
THE COURT: NO. SHE CAN ANSWER.
YOU MAY ANSWER.
THE WITNESS: NO.
BY MR. FELDMAN:
Q.: DID YOU DETERMINE WHETHER OR NOT THERE WAS ANY OR DID YOU DO ANY FLUORESCENCE TESTING ON THE FIBERS? ANY OF THE FIBERS FOR STARTERS.
A.: I DID DO SOME FLUORESCENCE TESTING ON THE CARPET FIBERS IN SACRAMENTO.
Q.: OKAY.
ON THE FIBERS, THOUGH, THAT ARE REFLECTED ON EXHIBIT
— I JUST CAN’T READ IT — 163 BEHIND YOU, MA’AM?
A.: NO.
Q.: AND WHAT IS THE PURPOSE OF A FLUORESCENCE TEST?
A.: SOME FIBERS AND ALSO SOME FIBER DYES WILL FLUORESCE.
Q.: AND DOES THE APPLICATION — IS THE FLUORESCENCE TEST A TEST THAT YOU CAN USE TO EITHER INCLUDE OR EXCLUDE FIBERS?
A.: YES. BUT TYPICALLY YOU DON’T NORMALLY EXCLUDE IF THERE’S A DIFFERENCE IN FLUORESCENCE.
Q.: I’M SORRY?
A.: TYPICALLY YOU WOULDN’T ALWAYS EXCLUDE IF THERE’S A DIFFERENCE IN FLUORESCENCE BECAUSE A FIBER CAN PICK UP FLUORESCENCE FROM AN ENVIRONMENT.
Q.: FLUORESCENCE, THOUGH, IS NOT A DESTRUCTIVE TEST, IS THAT RIGHT?
A.: THAT’S CORRECT.
Q.: DIDN’T YOU PERFORM OR DID YOU PERFORM ANY EVALUATION OF AFGHAN FIBERS?
MR. CLARKE: OBJECTION. BEYOND THE SCOPE.
THE WITNESS: NO.
THE COURT: SUSTAINED.
THE ANSWER WAS NO.
WHICH IS AN INCONSISTENT RULING, I MIGHT ADD.
MR. FELDMAN: YOUR HONOR, IS THIS AN APPROPRIATE TIME FOR A RECESS?
THE COURT: THIS MIGHT BE A GREAT TIME FOR A BREAK.
I’M GOING TO OVERRULE THE OBJECTION AND ALLOW THE ANSWER TO STAND.
OH, IT’S GETTING LATE, LADIES AND GENTLEMEN.
PLEASE REMEMBER THE ADMONITION OF THE COURT NOT TO DISCUSS ANY OF THE EVIDENCE OR TESTIMONY AMONG YOURSELVES OR WITH ANY OTHER PERSONS NOR FORM OR EXPRESS ANY OPINIONS ON THE MATTER UNTIL IT IS SUBMITTED TO YOU FOR DECISION.
PLEASE BE OUTSIDE THE DOOR AT 3:00 O’CLOCK. 3:00 O’CLOCK, PLEASE.
(RECESS, 2:44 O’CLOCK, P.M., TO 3:00 O’CLOCK, P.M.)
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09074 - July 9th 2002 - Transcript of David Westerfield Trial Day 18 - afternoon 2
09072 - July 9th 2002 - Transcript of David Westerfield Trial Day 18 - morning 2