10074 – July 10th 2002 -Transcript of David Westerfield Trial Day 19 – afternoon 2

TRIAL DAY 19 – PART 4 – afternoon 2


SAN DIEGO, CALIFORNIA, WEDNESDAY, JULY 10, 2002, (afternoon 2)


WITNESS:
David K. Faulkner (Forensic entomologist, continued.)


1 THE COURT: WELCOME BACK, LADIES AND GENTLEMEN. KUDOS TO

2 SAN DIEGO COUNTY MAINTENANCE. THE LADIES ROOM IS NOW OPEN. SO,

3 I HAD NO IDEA I HAVE THIS MUCH POWER.

4 ALL RIGHT. MR. DUSEK.

5 BY MR. DUSEK:

6 Q.: I THINK WHEN WE QUIT, MR. FAULKNER, YOU WERE

7 TELLING US HOW YOU’D NEVER SEEN THE INSECT ACTIVITY AT SUCH A

8 LOW LEVEL. DO YOU HAVE ANY RESPONSIBILITY TO CHECK THE INSECTS

9 IN SAN DIEGO COUNTY?

10 A.: NOT A JOB THAT SAYS GO OUT AND CHECK THE INSECTS OF

11 SAN DIEGO COUNTY. IT’S PART OF OTHER THINGS I’M DOING.

12 Q.: ARE YOU RESPONSIBLE FOR CHECKING THE CHICKEN

13 RANCHES?

14 A.: NOT SPECIFICALLY, BUT I AM ON A BOARD IN SAN DIEGO

15 WHICH REVIEWS PROBLEMS AT CHICKEN RANCHES AND PRODUCTION OF

16 FLIES THAT MAY BE OF NUISANCE NATURE.

17 Q.: HOW SO? WHAT IS YOUR INVOLVEMENT THERE?

18 A.: WHAT I — IT’S A COUNTY COMMITTEE WHERE WE REVIEW

19 COMPLAINTS.

20 Q.: BASICALLY FLIES HANGING AROUND THE CHICKEN STUFF?

21 A.: NO, THAT’S FINE IF THEY’RE ON THE CHICKENS. IT’S

22 WHEN THEY LEAVE THAT AND GO INTO THE VARIOUS NEIGHBORHOODS AND

23 HOMES WHERE YOU HAVE RESIDENTIAL COMPLAINTS.

24 Q.: AND THE COMPLAINTS THIS YEAR, HOW DO THEY RATE IN

25 RELATION TO PREVIOUS YEARS?

26 A.: USUALLY BY THIS TIME OF THE YEAR WE’VE HAD A NUMBER

27 OF HEARINGS TO REVIEW COMPLAINTS, AND WE HAVEN’T HAD ANY SO FAR

28 THIS YEAR.

7997

1 Q.: NO COMPLAINTS ABOUT THE FLIES HANGING AROUND THE

2 CHICKEN RANCHES?

3 A.: WELL, NONE THAT HAVE REQUIRED A MEETING.

4 Q.: HOW LONG HAVE YOU BEEN CHECKING, TESTING THE BUGS,

5 FLIES HERE IN SAN DIEGO COUNTY?

6 A.: PROFESSIONALLY SINCE 1975.

7 Q.: BEFORE THAT ON ANY OTHER SORT OF BASIS?

8 A.: I COLLECTED INSECTS MOST OF MY LIFE SINCE ABOUT

9 1955, ’57.

10 Q.: I THINK YOU TOLD US ALSO THAT YOU WENT TO THE

11 RECOVERY SITE AT DEHESA; IS THAT CORRECT?

12 A.: YES.

13 Q.: ON HOW MANY OCCASIONS?

14 A.: WELL, THE INITIAL OCCASION ON THE 28TH AND THEN A

15 FEW DAYS LATER.

16 Q.: WHY DID YOU GO BACK?

17 A.: I WANTED TO EXAMINE THE SITE AGAIN AND JUST KIND OF

18 SPREAD OUT MY SEARCH AREA A LITTLE JUST TO SEE IF THERE WAS

19 SOMETHING I MISSED.

20 Q.: LET ME DIRECT YOUR ATTENTION TO PHOTOGRAPH "D" ON

21 EXHIBIT 4. DOES THAT APPEAR TO BE THE AREA WHERE THE OFFICERS

22 LED YOU, OR AT LEAST POINTED OUT TO YOU WHERE THE BODY WAS

23 RECOVERED?

24 A.: "B" AND "C" WOULD BE BETTER EXAMPLES. THE SPECIFIC

25 LOCALITY ON "E" LOOKS VERY SIMILAR BUT THE BODY WAS NOT THERE.

26 Q.: CAN YOU DESCRIBE THE SURFACE WHERE YOU WERE

27 POINTED?

28 A.: THE SURFACE WAS VERY DRY.

7998

1 Q.: WAS THAT IMPORTANT FOR YOU?

2 A.: AGAIN, IN MY PREVIOUS EXPERIENCE WHERE YOU HAVE A

3 VICTIM LAYING IN AN AREA, YOU — OFTENTIMES THERE’S A LOT OF

4 MOISTURE UNDERNEATH THE BODY, AND THAT MOISTURE ACCUMULATES OVER

5 A PERIOD OF TIME FROM THE VICTIM, AND THEN THAT ATTRACTS A LOT

6 OF INSECTS AND OTHER SOIL INVERTEBRATES, MITES AND MILLIPEDES

7 AND CENTIPEDES AND THINGS. AGAIN, YOU GET A VERY COMPLEX

8 COMMUNITY UNDERNEATH THE VICTIM.

9 Q.: SO THE MOISTURE WOULD BREED THAT OR LEAD TO THAT?

10 A.: THE MOISTURE WOULD ALLOW FOR THOSE OTHER ANIMALS TO

11 COME IN AND TAKE UP RESIDENCY.

12 Q.: AND IF THERE IS NO MOISTURE IN THE AREA WHERE THE

13 BODY HAD BEEN FOUND, THAT WOULD INDICATE A DRY SITUATION?

14 A.: IT WAS DRY.

15 Q.: WOULD THAT INDICATE MORE TENDING TOWARDS

16 MUMMIFICATION RATHER THAN DECOMPOSITION?

17 A.: WHEN YOU HAVE A LOT OF MOISTURE YOU TEND TO GET A

18 LOT OF ROTTING, AND THERE WASN’T A LOT OF ROTTING FOUND

19 UNDERNEATH THE REMAINS.

20 Q.: AND DOES THAT THEN CONTRIBUTE TO AN INABILITY TO

21 SET A MAXIMUM AMOUNT OF TIME THE BODY HAD BEEN AT THAT LOCATION?

22 A.: WELL, AGAIN, YOU’RE LOOK FOR COMPLEXITY OF A

23 COMMUNITY AND THERE WAS NONE. IT JUST WAS ABSENT.

24 Q.: AND A COMPLEXITY OF COMMUNITY WOULD MEAN WHAT, A

25 SHORTER AMOUNT OF TIME AT THAT LOCATION?

26 A.: IT WOULD MEAN THAT ACTUALLY THE BODY HAD BEEN THERE

27 MAYBE A LOT LONGER, BUT BECAUSE IT WAS DRY THERE WAS NO RESOURCE

28 FOR THESE INSECTS TO REMAIN THERE.

7999

1 Q.: SO YOU HAD CONFLICTING FACTORS?

2 A.: WELL, IN A SENSE, YES.

3 Q.: DID YOU TRY TO DETERMINE ANY ODOR AT THE AREA?

4 A.: ODOR, AGAIN, I DON’T REALLY QUANTIFY IT, BUT IT’S

5 AGAIN TRYING TO PERCEIVE AT A SCENE IF THE ODOR IS, YOU KNOW,

6 STRONG OR NOT SO STRONG.

7 Q.: WHY?

8 A.: JUST AGAIN, IF I CAN PICK IT UP I KNOW THE FLIES

9 ARE, AND SO IT GIVES YOU AN IDEA THAT THERE IS ODOR PRESENT.

10 AND OFTENTIMES, AFTER A BODY’S BEEN REMOVED, THERE STILL IS AN

11 ODOR AND ADULT FLIES CAN BE ATTRACTED TO THAT THINKING THERE’S A

12 RESOURCE THERE.

13 Q.: SO THE GREATER THE ODOR THE GREATER INFERENCE THAT

14 THE FLIES WOULD BE ATTRACTED TO THAT AREA?

15 A.: IF YOU HAVE ODOR AND, AGAIN, A LARGE AMOUNT OF

16 ODOR, YOU HAVE THE POTENTIAL FOR MANY MORE FLIES COMING ACROSS

17 IT AND RESPONDING TO IT.

18 Q.: WHAT DID YOU FIND?

19 A.: VERY LITTLE ODOR.

20 IN FACT, I SMELLED THE GROUND A BIT IN THAT AREA

21 AND I BASICALLY COULDN’T PERCEIVE MUCH IN THE WAY OF ODOR.

22 Q.: WHEN A BODY IS MUMMIFIED, IS THAT A TYPE OF

23 SITUATION WHERE THERE IS LESS ODOR OR MORE ODOR?

24 A.: IN MY EXPERIENCE IT’S LESS ODOR.

25 Q.: AND I THINK YOU TALKED ABOUT SOME POISON IVY BEING

26 AROUND THERE.

27 MR. BOYCE: MISSTATES THE EVIDENCE, YOUR HONOR.

28 THE COURT: POISON OAK.

8000

1 BY MR. DUSEK:

2 Q.: I’M SORRY, POISON OAK BEING AROUND THERE. HOW

3 INTIMATELY DID YOU GET INVOLVED IN THE SURFACE THERE?

4 A.: IT MADE AN IMPRESSION. I LEFT AND REALIZED BEFORE

5 I LEFT THAT I HAD ENCOUNTERED IT AND ENDED UP HAVING CERTAIN

6 SORES ON MY — PARTICULARLY ON MY ARMS WHICH WERE EXPOSED.

7 Q.: I GUESS WHAT I’M AFTER IS WERE YOU DOWN THERE

8 PLAYING IN THE DIRT?

9 A.: WELL, I — I WAS LOOKING AT THE DIRT. I WAS

10 DIGGING INTO THE SOIL, DIGGING AROUND THE PLANTS AND ALL, SO I

11 HAD QUITE A BIT OF CONTACT WITH IT.

12 Q.: YOU WERE ON HANDS AND KNEES?

13 A.: YES.

14 Q.: FOR HOW LONG?

15 A.: PROBABLY UP AND DOWN FOR ABOUT TWO HOURS.

16 Q.: ARE YOUR SENSITIVE OR ALLERGIC TO POISON OAK?

17 A.: YES, I AM.

18 Q.: ARE THERE SOME PEOPLE THAT AREN’T?

19 A.: YES.

20 Q.: REGARDING THE PHOTOGRAPHS BEHIND YOU, COURT’S

21 EXHIBIT 4, I THINK IT’S PHOTOGRAPH "E", DO YOU SEE WHERE WE HAVE

22 THE BODY PICTURED IN THAT PHOTOGRAPH?

23 A.: YES.

24 Q.: AND THERE APPEARS TO BE SOME GREEN VEGETATION

25 AROUND THE BODY?

26 A.: YES.

27 Q.: DO YOU KNOW WHAT THAT WAS?

28 A.: THAT’S POISON OAK.

8001

1 Q.: DID IT APPEAR THE POISON OAK HAD BEEN CRUSHED BY

2 THE BODY OR IT HAD TIME TO GROW UP AND AROUND THE BODY?

3 A.: NOT AT ALL. WHAT HAD HAPPENED, IT LOOKED LIKE THAT

4 SOME OF THE PLANTS HAD BEEN PUSHED ASIDE FROM THE PHOTOGRAPHS.

5 WHEN I WAS THERE AGAIN THE BODY HAD BEEN REMOVED AND A LOT OF

6 THE ACTUAL LEAVES ON THE POISON OAK HAD BEEN MISSING.

7 Q.: DID IT APPEAR THE BODY — THE BRANCHES OR THE

8 POISON OAK HAD BEEN STARTED TO GROW AROUND?

9 A.: THEY WERE MOVED AROUND THE BODY, YES.

10 Q.: IS POISON OAK A PERENNIAL OR AN ANNUAL?

11 A.: IT’S A PERENNIAL.

12 Q.: DOES THAT GIVE YOU AN INDICATION AS TO HOW LONG IT

13 TAKES TO GROW, FAST GROWER, SLOW GROWER?

14 A.: CAN’T REALLY TELL.

15 Q.: DID YOU LOOK IN THE AREA THAT WOULD BE UNDERNEATH

16 WHERE DANIELLE’S HEAD WAS?

17 A.: YES.

18 Q.: WHY?

19 A.: AGAIN, EXPECTING, EVEN THOUGH AT AUTOPSY I DIDN’T

20 SEE A WHOLE LOT OF INSECT ACTIVITY IN THE HEAD AREA, AGAIN,

21 THAT’S ONE OF THE FIRST AREAS YOU WOULD LOOK AT IN THE SOIL FOR

22 INSECTS, PARTICULARLY THOSE THAT EITHER ESCAPED WHEN THE BODY’S

23 DISTURBED AND MOVED FROM THE SCENE OR THOSE INSECTS THAT ARE

24 ACTUALLY GOING INTO THE SOIL TO PUPATE.

25 Q.: AND DID YOU FIND ANY INSECT ACTIVITY IN THE HEAD

26 REGION?

27 A.: VERY LITTLE. I FOUND A FEW BEETLES THAT WERE DOWN

28 INTO THE SOIL AS MUCH AS ABOUT FIVE TO SIX INCHES. AGAIN, THESE

8002

1 ARE ADULT BEETLES. AND I FOUND ONE PUPARIUM OR A SINGLE PUPAL

2 CASE OF A FLY.

3 Q.: JUST ONE?

4 A.: JUST ONE.

5 Q.: WOULD THAT THEN CONFIRM WHAT YOU TOLD US EARLIER

6 THAT THE FLIES DID NOT GO TO THE NORMAL AREAS OF THE HEAD

7 REGION?

8 MR. FELDMAN: OBJECTION, ASSUMES FACTS NOT IN EVIDENCE,

9 NORMAL.

10 THE COURT: OVERRULED. OVERRULED.

11 THE WITNESS: AGAIN, THE INDICATION UNDER WHERE — UNDER

12 WHERE THE HEAD WOULD HAVE BEEN POSITIONED, VERY LITTLE IN FACT

13 ACTIVITY, AND USUALLY FROM THAT AREA AND DISBURSING FROM THAT

14 POINT YOU WOULD HAVE HAD A LARGE NUMBER OF INSECTS.

15

16 BY MR. DUSEK:

17 Q.: THAT YOU DIDN’T SEE?

18 A.: I DID NOT FIND ANY.

19 Q.: DID YOU FIND ANY FOOD FOR FLIES IN THAT AREA ASIDE

20 FROM THE BODY, ASSUMING THE BODY HAD BEEN THERE AT AN EARLIER

21 TIME?

22 MR. FELDMAN: I’M SORRY, VAGUE AS TO EARLIER TIME.

23 THE COURT: JUST BE A LITTLE MORE SPECIFIC.

24

25 BY MR. DUSEK:

26 Q.: ASIDE FROM THE BODY THAT HAD BEEN RECOVERED FROM

27 THAT LOCATION DID YOU FIND ANY OTHER FOOD SOURCES FOR THE FLIES?

28 A.: WELL, AS FAR AS THE ONES THAT ARE FEEDING ON ANIMAL

8003

1 TISSUE, I DIDN’T FIND ANY OTHER ANIMALS IN THE AREA OR SEE AT

2 LEAST WITHIN ABOUT 5 TO 10 FEET FROM WHERE THE VICTIM WAS FOUND

3 THAT THERE WERE ANY, YOU KNOW, CARCASSES OR ANYTHING.

4 Q.: THE VEGETATION IN THAT AREA, WAS IT DRY?

5 A.: VEGETATION, AT LEAST THE ANNUAL GROWTH INDICATED

6 THAT THERE HADN’T BEEN A WHOLE LOT OF RAINFALL, SO IT WAS PRETTY

7 DRY.

8 Q.: WHAT DO YOU MEAN THE ANNUAL GROWTH?

9 A.: YOU WOULD EXPECT, IF YOU HAVE SOMEWHAT EXPECTED

10 CONDITIONS OF RAINFALL AND TEMPERATURE AND ALL DURING THE LATE

11 WINTER AND SPRING IN SAN DIEGO COUNTY, THAT YOU’LL HAVE A LOT OF

12 GRASS COMING UP AND A LOT OF GREENERY AND ALL.

13 BY THE TIME I WAS THERE AND LOOKING AROUND THERE

14 WASN’T A WHOLE LOT OF ANNUAL VEGETATION.

15 Q.: AND YOU’D BEEN THERE FREQUENTLY OVER THE WINTER

16 MONTHS?

17 A.: I HAVE BEEN UP ABOVE THAT AREA A NUMBER OF TIMES.

18 Q.: AND YOU’VE SEEN THE CONDITION OF THAT AREA

19 THROUGHOUT THAT PERIOD OF TIME?

20 A.: IT’S VERY DRY.

21 Q.: IN FACT, DID THAT AREA EVER TURN GREEN THIS YEAR

22 WITH ANY RAIN?

23 A.: NOT WITH THE ANNUAL GROWTH PLANTS THAT WE NORMALLY

24 ANTICIPATE.

25 Q.: AND WHEN THERE’S NO RAIN, DOES THAT IMPACT THE LIFE

26 CYCLE OF THESE FLIES?

27 A.: WELL, NOT SO MUCH THE FLIES BUT, AGAIN, THE

28 SITUATIONS, THE LACK OF RAIN, WATER, MOISTURE, HUMIDITY, ALL

8004

1 THOSE THINGS WERE A BIT SKEWED THIS YEAR FROM WHAT WOULD BE MORE

2 EXPECTED.

3 Q.: TYPICALLY IN FEBRUARY HERE IN SAN DIEGO COUNTY WE

4 WOULD EXPECT THE HILLSIDES TO BE GREEN AND LUSH, WOULDN’T WE?

5 A.: I DON’T KNOW IF USING THE TERM "LUSH" IN SAN DIEGO

6 COUNTY IS APPROPRIATE BUT AT LEAST IT WOULD BE GREEN. THERE

7 WOULD BE A LOT OF PLANT GROWTH.

8 Q.: LOOKING AT THE PHOTOGRAPHS BEHIND YOU ON EXHIBIT 4,

9 YOU DON’T SEE THAT GREENNESS, DO YOU, ON THE HILLSIDES?

10 A.: NO, I DO NOT.

11 Q.: YOU TALKED ABOUT BEETLES AND THE DIVERSITY OF THE

12 BEETLES; IS THAT CORRECT?

13 A.: YES.

14 Q.: THE BEETLE ANIMALS.

15 THE DIVERSITY, IS THAT SOMETHING YOU NOTICED AT THE

16 AUTOPSY OR AT THE SCENE?

17 A.: A LITTLE BIT OF BOTH. THE NUMBERS WERE MORE COMMON

18 AT THE AUTOPSY. AT THE SCENE, WHEN I’M DIGGING DOWN I CAME UP

19 WITH PRETTY MUCH A REPRESENTATION OF EVERYTHING I COLLECTED BUT

20 NOT THE NUMBERS AGAIN I WOULD HAVE EXPECTED.

21 Q.: DID YOU TAKE ALL OF THE SAMPLES AVAILABLE AT THE

22 SCENE?

23 A.: EVERYTHING I CAME ACROSS I COLLECTED.

24 Q.: AND HOW ABOUT AT THE AUTOPSY, DID YOU COLLECT ALL

25 OF THEM OR JUST A REPRESENTATIVE SAMPLE?

26 A.: A LARGE REPRESENTATION. I THINK I COLLECTED MOST

27 OF THE BEETLES. I LEFT SOME OF THE MAGGOTS.

28 Q.: WHY DIDN’T YOU TAKE THEM ALL?

8005

1 A.: I DIDN’T WANT TO BE TOO INTRUSIVE DURING THE

2 AUTOPSY. I LET THE PATHOLOGIST DO HIS WORK AND ALL. I DON’T

3 WANT TO ADD ANYTHING TO THE SITUATION. BUT THE MAGGOTS THAT

4 WERE AVAILABLE, BOTH IN THE ABDOMINAL CAVITY AND THOSE THAT HAD

5 LEFT THE BODY THAT WERE IN THE BODY BAG, MOST OF THOSE WERE

6 COLLECTED.

7 Q.: DO YOU FIND THAT BY TAKING A REPRESENTATIVE SAMPLE

8 OF WHAT’S AVAILABLE YOU CAN REACH YOUR CONCLUSIONS THAT YOU’VE

9 TOLD US ABOUT HERE TODAY?

10 A.: YES.

11 Q.: YOU DON’T NEED TO TAKE THEM ALL OR TEST THEM ALL,

12 DO YOU?

13 A.: NO.

14 Q.: I PROBABLY HAVE THIS IN REVERSE ORDER, BUT YOU ALSO

15 ATTENDED THE AUTOPSY; IS THAT TRUE?

16 A.: YES.

17 Q.: YOU ACTUALLY WENT TO THE AUTOPSY BEFORE YOU WENT TO

18 THE SCENE?

19 A.: YES.

20 Q.: YOU WERE THERE TO ASSIST DR. BLACKBOURNE IN HIS

21 FINDINGS?

22 A.: I THINK I WAS THERE JUST TO CONCENTRATE JUST ON THE

23 INSECTS. DR. BLACKBOURNE DIDN’T NEED MY ASSISTANCE.

24 Q.: DID YOU FIND ANY DEAD ADULT FLIES AT THE AUTOPSY?

25 A.: ONE ADULT, I BELIEVE IT WAS A CALLIPHORA FLY, ONE

26 OF THE BLOW FLIES.

27 Q.: WHAT IS THE LIFE CYCLE OF ONE OF THOSE FLIES?

28 A.: AS FAR AS THE ENTIRE LIFE CYCLE IT CAN BE ANYWHERE

8006

1 FROM 23, 24 DAYS.

2 Q.: ALL RIGHT.

3 AND THIS IS WHEN YOU GOT A CHANCE TO SPEAK WITH DR.

4 BLACKBOURNE REGARDING THE BRAIN ACTIVITY OF ANY INSECTS?

5 A.: I CONTACTED HIM A FEW WEEKS LATER WITH A NUMBER OF

6 QUESTIONS I HAD ABOUT THE SITUATION.

7 Q.: LET ME GO BACK TO WHERE THE BODY WAS RECOVERED.

8 THAT IS BASICALLY A VALLEY RUNNING THERE, ISN’T IT?

9 A.: YES.

10 Q.: RUNNING FROM EAST TO WEST OR WEST TO EAST?

11 A.: YES, PRETTY MUCH IN THAT DIRECTION.

12 Q.: AND THE RECOVERY SITE WOULD HAVE BEEN ON WHAT SIDE

13 OF THE VALLEY?

14 A.: IT WAS ON THE NORTH SIDE.

15 Q.: LET ME SHOW YOU WHAT’S BEEN PREVIOUSLY MARKED AS

16 COURT’S EXHIBIT 2, PHOTOGRAPH "A" AT THE TOP.

17 DOES THAT APPEAR TO BE AN AERIAL VIEW OF THE VALLEY

18 WHERE DANIELLE WAS RECOVERED?

19 A.: YES.

20 Q.: AND THE RECOVERY SITE WAS ON THE RIGHT-HAND SIDE OF

21 THIS PHOTOGRAPH?

22 A.: YES. IT WAS ON THE SOUTH FACING SLOPE.

23 Q.: DOES THAT HAVE ANY IMPACT ON THE TEMPERATURE IN

24 THIS VALLEY?

25 A.: TYPICALLY NORTH FACING SLOPES ARE COOLER, SOUTH

26 FACING SLOPES ARE WARMER IN THIS HEMISPHERE.

27 Q.: THIS WOULD BE THE SOUTH FACING SLOPE?

28 A.: YES.

8007

1 Q.: WHICH SHOULD BE WARMER THAN AT LEAST THE OPPOSITE

2 SIDE OF THE VALLEY?

3 A.: YES.

4 Q.: DID YOU MAKE ANY COMPARISONS AS TO THE DIFFERENCE

5 IN TEMPERATURE FROM THE NORTH AND SOUTH SIDE?

6 A.: NO, I DIDN’T.

7 Q.: YOU TALKED ABOUT THE VARIETY OF THE BEETLES. HOW

8 MANY DIFFERENT TYPES DID YOU SEE?

9 A.: I BELIEVE I COLLECTED I’LL SAY FOUR OR FIVE

10 DIFFERENT SPECIES.

11 Q.: AND BY THE FACT THAT THOSE BEETLES WERE PRESENT,

12 DID THAT GIVE YOU ADDITIONAL INFORMATION REGARDING AT LEAST WHEN

13 THE INITIAL BUG ACTIVITY COULD HAVE ATTACHED TO THE BODY?

14 A.: NO. THAT’S RATHER DIFFICULT TO DO BASED ON ADULT

15 BEETLES BECAUSE THEY CAN COME IN OR LEAVE AT ANY TIME.

16 IF THERE WERE LARVAL STAGES, THAT WOULD GIVE YOU A

17 BETTER INDICATION OF HOW LONG THEY’VE BEEN ASSOCIATED WITH THE

18 REMAINS.

19 Q.: HOW ABOUT THE DIVERSITY OF BEETLES, DID THAT AT

20 LEAST ALLOW YOU TO OFFER AN ESTIMATION IN YOUR REPORT?

21 A.: AGAIN, THE DIVERSITY INDICATES THAT THE BODY WAS IN

22 THE LATER STAGES OF DECOMPOSITION IN THE SENSE THAT IT WASN’T AS

23 MOIST, IT WASN’T WITHIN, SAY, A WEEK OR SO. IT WAS LONGER THAN

24 THAT. THESE BEETLES COME IN AS THE BODY DRIES OUT.

25 Q.: AND WOULD THAT INDICATE THAT THE REMAINS WERE

26 PRESENT FOR TWO TO THREE WEEKS OR LONGER?

27 A.: AGAIN, I WOULD HAVE EXPECTED THE IMMATURE STAGES OF

28 BEETLES. BUT THE COMPLEXITY OF THE ADULTS AND THE NUMBER OF

8008

1 SPECIES INVOLVED SEEMS TO ME THAT A BODY WOULD HAVE BEEN THERE

2 LONGER. BUT I ALSO WAS LOOKING SPECIFICALLY FOR THE IMMATURE

3 STAGES OF GRUBS.

4 Q.: YOU DIDN’T FIND THE GRUBS?

5 A.: NO.

6 Q.: BUT EVEN IN YOUR REPORT YOU INDICATED THAT THE

7 DIVERSITY OF THE BEETLES WOULD INDICATE THAT THE BODY WOULD HAVE

8 BEEN THERE FOR TWO TO THREE WEEKS OR LONGER?

9 A.: IT COULD BE BECAUSE THAT’S WHAT I’D SEE ON A BODY

10 THAT HAD BEEN THERE THAT LONG.

11 Q.: BASICALLY THAT’S WHAT WE’RE DEALING WITH, IS THAT

12 IT COULD HAVE BEEN LONGER, IT COULD HAVE BEEN THAT PERIOD OF

13 TIME OR EVEN LONGER?

14 A.: YES.

15 Q.: NOW, IS THAT TWO TO THREE WEEKS OR LONGER BEYOND

16 THE 12 — BEYOND THE 16TH TO 18TH OF FEBRUARY?

17 A.: YES.

18 Q.: AND THE FACT THAT THERE WERE NO GRUBS INDICATED

19 THAT THE LONGER RANGE OF THAT TWO TO THREE WEEKS OR LONGER

20 PROBABLY ISN’T A REALISTIC POSSIBILITY?

21 A.: I COULD NOT QUANTIFY IT WITHOUT HAVING LARVAL

22 STAGES, AGAIN, BECAUSE THE BEETLES CAN COME AND GO AS THEY

23 PLEASE. AGAIN, YOU’RE LOOKING AT NUMBERS AND COMPLEXITY. BUT

24 GETTING AN ACTUAL TIMEFRAME IS RATHER DIFFICULT WITHOUT THE

25 IMMATURES.

26 Q.: BUT YOU FELT AT LEAST STRONG ENOUGH TO PUT AN

27 APPROXIMATION OF TWO TO THREE WEEKS BEYOND THE INITIAL PERIOD

28 THAT YOU TOLD US ABOUT EARLIER?

8009

1 A.: YES.

2 Q.: WHAT DO THE BEETLES EAT?

3 A.: WELL, BEETLES EAT JUST ABOUT EVERYTHING, BUT

4 SPECIFICALLY IN THIS CASE, THE ONES THAT ARE ASSOCIATED WITH

5 ANIMAL REMAINS ARE DOING ONE OF TWO THINGS. THE ADULTS ARE

6 OFTENTIMES PREDATORS ON FLY MAGGOTS AND OTHER INSECTS. THE

7 LARVAL STAGES ARE PROBABLY FEEDING DIRECTLY ON THE HOST.

8 Q.: IS WEATHER A FACTOR REGARDING TRYING TO APPROXIMATE

9 THE MAXIMUM AND MINIMUM AMOUNT OF TIME A BODY WOULD BE AT A

10 SITE?

11 A.: THE WEATHER IN GENERAL IS CRITICAL.

12 Q.: WHEN YOU SAY CRITICAL, WHAT DO YOU MEAN BY THAT?

13 A.: IT’S THE MOST IMPORTANT FACTOR OTHER THAN THE

14 IDENTIFICATION OF THE SPECIES AND THE STAGE IN DEVELOPMENT.

15 Q.: AND IS IT ALSO TRUE THAT THE — USING THE WRONG

16 "TEMPERATURE STATION" IS THE SINGLE BIGGEST SOURCE OF ERROR IN

17 THIS CALCULATION PROCESS THAT YOU GO THROUGH?

18 A.: NOT HAVING THE PROPER TEMPERATURE RECORDINGS FROM

19 THE BEST STATION, THE ONE CLOSEST TO THE SCENE WHERE THE BODY

20 WAS RECOVERED, YOU END UP ADDING A LOT MORE VARIABILITY INTO

21 YOUR ESTIMATE.

22 Q.: AND IF YOU DON’T HAVE THE BEST WEATHER SIDE

23 AVAILABLE, THAT REDUCES THE ACCURACY OF YOUR ESTIMATIONS?

24 A.: YES. WHAT YOU WOULD LIKE TO HAVE IS A BODY

25 RECOVERED NEXT TO A RECORDING STATION. YOU USUALLY DON’T HAVE

26 THAT LUXURY. AND SO YOU HAVE TO TAKE WHATEVER IS THE OFFICIAL

27 RECORDED TEMPERATURE READINGS, WHICH ARE OFTENTIMES LINDBERG

28 FIELD, COULD BE SOME OF THE OTHER AIRPORTS IN THE AREA OR MAYBE

8010

1 A CITY HALL. AND THESE ARE PUBLISHED RECORDS. AND YOU TEND TO

2 MAKE YOUR ADJUSTMENT, DEPENDING IF YOU’RE CLOSER TO THE COAST OR

3 FARTHER AWAY FROM THE COAST THAN THE MICRO HAS BEEN AT THAT TIME

4 TO, AGAIN, ADJUST FOR CHANGES IN THE TEMPERATURE.

5 Q.: HERE IN SAN DIEGO WOULD YOU AGREE THAT WE HAVE A

6 WIDE VARIETY OF TEMPERATURE SPANS VIRTUALLY EVERY DAY?

7 A.: YES, BETWEEN THE COASTAL AREA AND THE DESERTS.

8 Q.: AND THE MAIN WEATHER STATION IS WHERE?

9 A.: LINDBERG FIELD.

10 Q.: AND TYPICALLY WE FIND COOLER TEMPERATURES THERE

11 DURING THE DAY THAN YOU DO AT DEHESA?

12 A.: YES. IT TENDS TO BE MORE TEMPERED ALONG THE COAST

13 AND WARMER INLAND.

14 Q.: AND THE HUMIDITY TENDS TO BE HIGHER AT THE COAST AT

15 LINDBERG THAN IT IS UP IN DEHESA?

16 A.: YES.

17 Q.: AND IN FACT, THE COLD TEMPERATURES AT LINDBERG ARE

18 TYPICALLY HIGHER THAN THEY ARE OUT IN DEHESA, AGREE?

19 A.: YES.

20 Q.: INSECTS ARE COLD BLOODED; IS THAT CORRECT?

21 A.: YES.

22 Q.: HOW DOES THAT — HOW DOES THE WEATHER THEN AFFECT

23 THEM BECAUSE OF THEIR COLD-BLOODEDNESS?

24 A.: THEY’RE TOTALLY DEPENDENT ON THE WEATHER FOR THEIR

25 ACTIVITY PERIOD. SO IF IT’S TOO COLD THEY CAN’T FUNCTION. THEY

26 JUST WAIT UNTIL IT WARMS UP. IF IT I GUESS CONCEIVABLY GETS TOO

27 WARM, IT’S LETHAL AND IT CAN KILL THEM. SO YOU HAVE A COLD AND

28 A WARM LETHAL FOR BOTH THE ADULT INSECT ACTIVITY AND ALSO FOR

8011

1 THE LARVAL STAGES.

2 Q.: AND WHEN YOU MAKE YOUR ESTIMATIONS WHEN YOU FIND

3 THE BUGS ON THE BODY, YOU’RE USING STANDARDS THAT ARE PROVIDED

4 IN THE LITERATURE OR YOUR EXPERIENCE?

5 A.: YES. YOU’RE ABLE TO QUANTIFY THIS BASED ON

6 ASSUMPTIONS OF RELATIVE HUMIDITY, THE SPECIES INVOLVED, AGAIN,

7 STAGE AND DEVELOPMENT AND SPECIFICALLY THE TEMPERATURES.

8 Q.: AND THE ESTIMATIONS OR THE ASSUMPTIONS THAT YOU

9 MADE ARE — WHAT IS THAT CORE GROUP OR THAT STANDARD THAT YOU

10 WERE USING?

11 A.: IT WOULD BE A CONTROL.

12 Q.: WHICH WOULD BE WHAT PERIOD OF — WHAT TEMPERATURE

13 SPAN?

14 A.: THE CONTROLLED TEMPERATURE FOR REARING OF MOST

15 INSECTS IS AROUND 22 DEGREES CELSIUS, WHICH IS RIGHT AROUND 74,

16 75 DEGREES FAHRENHEIT AND RELATIVE HUMIDITY OF ABOUT 50 PERCENT.

17 Q.: HOW ABOUT THE LOWS, I THINK YOU TOLD US THAT IF THE

18 TEMPERATURES GET TOO LOW THEN THE ANIMAL — THE INSECTS GO

19 DORMANT?

20 A.: IT DEPENDS ON HOW LOW. IF YOU GET MUCH BELOW

21 FREEZING AND THEY CAN’T SOMEHOW ESCAPE THAT SITUATION, IT’S A

22 LETHAL — IT WILL KILL THEM. BUT IF THE TEMPERATURES GET MUCH

23 BELOW 50, 45 DEGREES, THE ADULT INSECTS WILL CEASE THEIR

24 ACTIVITY.

25 Q.: SO THEY WILL NOT BE AS VIGOROUS AS THEY ARE ABOVE

26 50 DEGREES?

27 A.: YES.

28 Q.: AND THAT WOULD AFFECT THEIR LIFE SPAN?

8012

1 A.: WELL, IT CAN AFFECT THEIR ACTIVITY.

2 Q.: AND PART OF THEIR ACTIVITIES IS REPRODUCTION?

3 A.: YES.

4 Q.: AND IF YOU GET ABOVE THE 74 DEGREE TEMPERATURE,

5 WHAT IMPACT DOES THAT HAVE ON THE FLIES THAT YOU’VE BEEN TELLING

6 US ABOUT?

7 A.: THE ADULT FLIES, AGAIN, WILL — AGAIN THEY CAN MOVE

8 COMFORTABLY. THE HEAT TENDS TO STIMULATE THEIR ACTIVITY,

9 PARTICULARLY THE FLIES THAT ARE IN — ADAPTED TO WARMER WHETHER.

10 LETHAL FOR SOME OF THESE FLIES PROBABLY WOULDN’T BE UP UNTIL

11 MAYBE 140 DEGREES FAHRENHEIT. THEY’RE NOT GOING TO BE REAL

12 ACTIVE AT THAT POINT, BUT AGAIN, THEY’LL SLOW DOWN, SAY, ABOUT A

13 125 DEGREES FAHRENHEIT, AND THEY DON’T CEASE THEIR ACTIVITY

14 UNTIL IT GETS MUCH HIGHER.

15 Q.: I THINK YOU GAVE US A HIGH TEMPERATURE OF 74

16 DEGREES AS THE CONTROL TEMPERATURE THAT YOU WERE USING?

17 A.: YES.

18 Q.: AND FROM THAT, SAY, 75 TO 90 DEGREE AREA, DO WE SEE

19 AN IMPACT ON THE FLY’S ACTIVITY DURING THAT TEMPERATURE RANGE?

20 A.: YES. THEY USUALLY INCREASE THEIR ACTIVITY.

21 Q.: DID YOU SELECT A WEATHER STATION WHEN YOU MADE YOUR

22 COMPUTATIONS IN THIS CASE?

23 A.: INITIALLY, I TOOK LINDBERG FIELD FROM NATIONAL

24 WEATHER SERVICE, AND THEN THE SECOND CALCULATIONS I MADE WERE

25 BASED ON REPORTS AT — IN EL CAJON.

26 Q.: IS THERE A NATIONAL WEATHER STATION OR SOMETHING

27 REPUTABLE IN EL CAJON?

28 A.: NOT THAT I RECEIVED FROM EL CAJON, BUT IT’S

8013

1 PUBLISHED ACCOUNTS WHAT THE WEATHER ARE FROM DAY-TO-DAY DURING

2 THE MONTH OF FEBRUARY.

3 Q.: IN THE LITERATURE REGARDING THESE CALCULATIONS AND

4 TEMPERATURE DO THEY SUGGEST THAT YOU GET HOURLY TEMPERATURES SO

5 YOU CAN PLOT HOW HIGH AND HOW LOW IT GOES?

6 A.: YES.

7 Q.: WHEN YOU GET THE INFORMATION FROM LINDBERG FIELD DO

8 YOU GET THAT INFORMATION?

9 A.: YES, I DO.

10 Q.: YOU DID THAT IN THIS CASE?

11 A.: YES.

12 Q.: AND HOW ABOUT FROM THE EL CAJON STATION?

13 A.: NO. I DID NOT HAVE THAT.

14 Q.: SO AT EL CAJON YOU JUST GOT THE HIGHS AND LOWS?

15 A.: YES.

16 Q.: DOES THE LITERATURE ALSO SUGGEST THAT IF YOU HAVE A

17 LOCATION AWAY FROM A WEATHER STATION, THAT PERHAPS YOU SHOULD GO

18 THERE AND TAKE THE TEMPERATURES FOR THREE, FOUR, FIVE DAYS TO

19 KNOW FOR SURE WHAT THE DISCREPANCY IS?

20 A.: YOU’LL HAVE AN IDEA ON THOSE PARTICULAR

21 MEASUREMENTS WHAT THE DISCREPANCY IS. BUT WHETHER THOSE THREE

22 OR FOUR DAYS YOU TAKE THE TEMPERATURE ARE THE SAME AS WHAT

23 YOU’RE LOOKING FOR, WHICH WOULD BE EARLIER, YOU DON’T KNOW

24 EXACTLY WHAT THOSE DIFFERENCES ARE GOING TO BE BUT IT GIVES YOU

25 A RANGE.

26 SO, FOR INSTANCE, IF THE COASTAL TEMPERATURE IS 75,

27 IT MAY BE 78 OR 79 OUT THERE, AND THOSE DIFFERENCES MAY BE

28 CONSISTENT OVER A LONG PERIOD OF TIME.

8014

1 Q.: MR. FAULKNER, HAVE YOU EVER BEEN DRIVING ALONG

2 LET’S SAY INTERSTATE 5 IN THE EVENING, EITHER IN A CONVERTIBLE

3 OR WITH THE WINDOWS ROLLED DOWN?

4 MR. FELDMAN: RELEVANCE.

5 THE COURT: I HAVEN’T HEARD THE QUESTION YET. GO AHEAD.

6

7 BY MR. DUSEK:

8 Q.: AND AS YOU GO ALONG INTERSTATE 5 UP ON THE MESAS

9 AND THEN YOU DROP DOWN TO THE VALLEYS AND THEN YOU COME BACK UP

10 TO THE MESAS, DO YOU SEE A DROP IN TEMPERATURE AS YOU’RE DOING

11 THAT JUST GOING ALONG INTERSTATE 5?

12 MR. FELDMAN: SAME OBJECTION.

13 THE COURT: OVERRULED.

14 YOU CAN ANSWER.

15 THE WITNESS: I HAVEN’T REALLY NOTICED THAT MUCH IN

16 TIMES, BUT IN WALKING CANYONS AND MESAS YOU DO NOTICE THE

17 DIFFERENCE IN BOTH IN WIND AND IN TEMPERATURE.

18 Q.: AND IN VERY SHORT DISTANCES WE CAN SEE A REMARKABLE

19 CHANGE IN TEMPERATURES, CAN’T WE?

20 A.: YES. THESE ARE TERMED MICROHABITATS.

21 Q.: ALL RIGHT.

22 DID YOU TAKE ANY TEMPERATURE READINGS AT DEHESA?

23 A.: YES, I DID.

24 Q.: HOW MANY TIMES?

25 A.: JUST THE DAY I WAS THERE ON THE 28TH.

26 Q.: WHAT TIME OF DAY WAS THAT?

27 A.: THAT WAS AT — I THINK I TOOK THE FIRST READING AT

28 5 O’CLOCK.

8015

1 Q.: AND HOW — WHAT WAS THE TEMPERATURE AT 5 O’CLOCK?

2 A.: 55 DEGREES FAHRENHEIT.

3 Q.: AND DID YOU COMPARE THAT READING AT 5 O’CLOCK WITH

4 THE READING AT EL CAJON AT 5 O’CLOCK?

5 A.: I DID NOT HAVE THE 5 O’CLOCK READING. I ONLY HAD

6 THE HIGH FOR THE DAY.

7 Q.: SO YOU HAD TO MAKE AN INFERENCE OR A GUESS AS TO

8 HOW CLOSE THEY WERE?

9 A.: ACTUALLY, I MADE MY INFERENCE FROM LINDBERG FIELD

10 BASED ON — BECAUSE I DID HAVE HOURLY READINGS FROM THAT AREA

11 AND IT WAS WARMER THAN IT WAS IN LINDBERG.

12 Q.: OKAY. WE WOULD EXPECT THAT, THOUGH, WOULDN’T WE?

13 A.: YES.

14 Q.: HOW ABOUT A COLD TEMPERATURE AT DEHESA? DID YOU

15 TAKE ANY COLD TEMPERATURES AT DEHESA TO SEE HOW MUCH COLDER IT

16 WAS THERE AS OPPOSED TO LINDBERG FIELD?

17 A.: NO.

18 Q.: IF YOU HAD THAT INFORMATION WOULD THAT HAVE BEEN

19 MORE HELPFUL TO YOU IN PROVIDING YOUR ESTIMATIONS THAT YOU’VE

20 GIVEN US?

21 A.: IT MAY HAVE, YES.

22 Q.: YOU TALKED ABOUT — LET ME ASK YOU THIS.

23 IF A BODY IS DROPPED AT A LOCATION AT NIGHT WHEN

24 IT’S COLD, IS THAT GOING TO RETARD OR DELAY THE INSECT ACTIVITY

25 THAT YOU’VE DESCRIBED HERE?

26 A.: YES.

27 Q.: WHY?

28 A.: THE INSECTS, AT LEAST WITH THE FLIES, THEY’RE NOT

8016

1 ACTIVE AFTER SUNDOWN. THEY’RE NOT ABLE TO NEGOTIATE THE

2 ENVIRONMENT WHEN IT’S DARK.

3 Q.: HUMIDITY, IS THAT A FACTOR IN THE FLY ACTIVITY

4 AROUND A BODY?

5 A.: THE HUMIDITY IS USUALLY REFERRED TO AS THE BODY

6 ITSELF AS A RESOURCE FOR THE LARVAE. THERE’S VERY LITTLE THAT’S

7 KNOWN ABOUT THE IMPACT OF HUMIDITY ON THE ADULT FLIES.

8 Q.: SO WE DON’T EVEN REALLY KNOW HOW THAT IMPACTS IT?

9 A.: I HAVEN’T BEEN ABLE TO FIND A WHOLE LOT OF

10 INFORMATION ON THAT THAT’S PUBLISHED.

11 Q.: HOW ABOUT THE RELATIVELY — RELATIVE DRYNESS OF THE

12 ATMOSPHERE AS OPPOSED TO A HUMID DAY, DO YOU KNOW IF THAT IS

13 GOING TO HAVE ANY IMPACT ON THE FLY ACTIVITY?

14 A.: AGAIN, WITH THE ADULT FLIES, IF THEY’RE PRESENT

15 THERE ISN’T A WHOLE LOT OF INFORMATION AS TO HOW THE HUMIDITY

16 ACTUALLY AFFECTS THEM. THEY DO RESPOND TO IT. BUT IF I WERE TO

17 TRY TO QUANTIFY THAT I COULDN’T DO IT.

18 Q.: BASICALLY IT WOULD BE GUESSWORK?

19 A.: IT WOULD BE GUESSWORK, YES.

20 Q.: DOES THE RAINFALL HAVE AN IMPACT ON THE FLY

21 ACTIVITY AROUND THE BODY?

22 A.: I BELIEVE IT DOES, YES.

23 Q.: HOW?

24 A.: ONE THING ABOUT RAINFALL, AGAIN, YOU’RE AFFECTING

25 THE IMMATURE STAGES, OFTENTIMES THE PUPAE AND THINGS THAT ARE

26 WAITING FOR SUITABLE CONDITIONS TO EMERGE. AND SO, INCREASE IN

27 RAINFALL, INCREASE IN HUMIDITY, WOULD CAUSE ADULT EMERGENCE FROM

28 THE PUPAL CASE, AND AGAIN, YOU’D HAVE THE PRESENCE OF FLIES.

8017

1 Q.: AND IF THERE’S NO RAINFALL, IS THAT GOING TO DELAY

2 THE INSECT ACTIVITY AROUND THE BODY?

3 A.: IT COULD.

4 Q.: HOW?

5 A.: IT’S NOT A SUITABLE ENVIRONMENT AND, AGAIN, INSECTS

6 ARE NOT GOING TO COME OUT IF THEY HAVE THE ABILITY — IF THEY’VE

7 ADAPTED TO AN ENVIRONMENT, THEY’RE NOT GOING TO COME OUT WHEN

8 IT’S NOT SUITABLE TO EITHER FIND FOOD, FIND MATES AND DEPOSIT

9 EGGS.

10 Q.: SO WHAT DO THEY DO?

11 A.: THEY WAIT.

12 Q.: THEY JUST SIT IN THE DIRT?

13 A.: YES.

14 Q.: UNTIL THE RAINS COME?

15 A.: UNTIL IT’S SUITABLE. IT COULD BE RAINS, THEY COULD

16 BE TEMPERATURE DEPENDENT OR IT COULD BE A CHANGE IN THE

17 LIGHT/DARK CYCLE, THE PHOTO PERIOD, THE NUMBER OF HOURS OF

18 DAYLIGHT YOU HAVE, NUMBER OF NIGHTTIME. AND MANY INSECTS ARE

19 ADAPTED TO SPECIFIC SITUATIONS.

20 Q.: THE INSECTS THAT YOU WERE USING HERE, ARE THEY

21 DEPENDENT UPON HUMIDITY AND RAINFALL?

22 A.: I DON’T BELIEVE THEY’RE DEPENDENT QUITE AS MUCH BUT

23 AGAIN, THAT’S A FACTOR THAT REALLY NEEDS TO BE LOOKED AT, AND I

24 COULDN’T FIND A WHOLE LOT OF INFORMATION, AT LEAST FOR THE

25 ADULTS.

26 Q.: WHY NOT?

27 A.: IT’S NOT AVAILABLE.

28 Q.: HOW MUCH RAINFALL HAVE WE HAD THIS CALENDAR YEAR,

8018

1 THIS WEATHER YEAR?

2 A.: THIS WEATHER YEAR WHICH JUST ENDED, UNDER FOUR

3 INCHES, ABOUT THREE AND A HALF INCHES.

4 Q.: HOW DOES THAT RANK IN THE OTHER RECORDED YEARS THAT

5 WE’VE HAD?

6 A.: WELL, SINCE 1951, IT’S THE LOWEST AMOUNT OF

7 RAINFALL WE’VE EVER HAD THAT’S RECORDED IN SAN DIEGO COUNTY.

8 Q.: WE HAVEN’T HAD LESS RAIN THIS YEAR THAN SINCE

9 BEFORE THE CIVIL WAR?

10 A.: LET’S SEE, 18 — YES.

11 Q.: AND I ASSUME THAT THERE’S NO ENTOMOLOGIST STILL

12 AROUND WHO HAVE BEEN ABLE TO TELL US HOW THE BUGS REACTED IN

13 THAT OTHER LOW RAINFALL YEAR?

14 A.: WHICHEVER YEAR THAT WAS, ACTUALLY THEY COULD TELL

15 US BY THE INSECTS THEY COLLECTED. BUT AGAIN, ON THE YEARS WHICH

16 TEND TO BE DRY YOU DON’T GET A WHOLE LOT OF RECORDS. BUT GOING

17 BACK THAT FAR IN COLLECTIONS THAT ARE AVAILABLE TO US IN

18 SOUTHERN CALIFORNIA, AGAIN, DROUGHT ISN’T SOMETHING THAT’S

19 RECEIVED A WHOLE LOT OF ATTENTION AS FAR AS INSECT ACTIVITY.

20 Q.: SO THAT’S NOT — THAT IS A FACTOR THAT PLAYS A ROLE

21 IN THESE ESTIMATIONS, BUT YOU REALLY DON’T KNOW WHAT —

22 A.: YEAH. WHAT WE LOOK FOR ARE EXTREMES OF WEATHER

23 WHETHER IT’S HEAT OR COLD, WHETHER IT’S EXTREME AMOUNTS OF

24 RAINFALL DURING A CERTAIN PERIOD OF TIME IN A LOCALIZED AREA,

25 ALL THOSE EXTREMES ARE WHAT WE’RE LOOKING AT AND THOSE — THAT

26 SORT OF INFORMATION CAN REALLY SKEW THE DATA AND THE BEHAVIOR OF

27 INSECTS.

28 Q.: AND THIS YEAR WE DO HAVE AN EXTREME ON WEATHER —

8019

1 ON RAINFALL?

2 A.: YES.

3 Q.: BASED UPON THE WEATHER DATA THAT YOU HAD WERE THERE

4 FACTORS THAT WOULD IMPACT THE INSECT ACTIVITY ON THIS BODY?

5 A.: YES.

6 Q.: DURING THE BREAK DID WE ASK YOU TO FILL IN ONE OF

7 THE CALENDARS THAT WE HAD HERE?

8 A.: YES.

9 MR. FELDMAN: THE BIGGER ONE, YOUR HONOR.

10

11 BY MR. DUSEK:

12 Q.: WE HAD PREVIOUSLY MARKED AS EXHIBIT 169 THE

13 CALENDAR FOR FEBRUARY OF THIS YEAR. AT THIS BREAK DID WE ASK

14 YOU TO WRITE IN THE WEATHER CONDITIONS THAT YOU FOUND

15 SIGNIFICANT IN THIS CASE?

16 A.: YES.

17 Q.: AND DID YOU DO SO IN THE RED WRITING?

18 A.: YES.

19 Q.: WAS THERE SOMETHING AT THE BEGINNING OF FEBRUARY

20 THAT YOU FOUND SIGNIFICANT REGARDING THE MINIMUM OR MAXIMUM

21 EXPOSURE OF THIS CHILD TO THE ELEMENTS?

22 A.: AS FAR AS THE TEMPERATURE, WE HAD A RATHER UNUSUAL

23 CONDITION IN FEBRUARY WITH WHAT WE’VE TERMED TWO SANTA ANA

24 CONDITIONS. ONE OF THEM DURING THE FIRST TWO WEEKS OF THE

25 MONTH, AND ANOTHER CONDITION THAT OCCURRED DURING THE SECOND TWO

26 WEEKS OF THE MONTH. TEMPERATURES WERE VERY HIGH. WE’RE LOOKING

27 AT WINTER TIME IN SOUTHERN CALIFORNIA AND THAT’S RATHER UNUSUAL.

28 AND WHAT CHANGES, AGAIN RADICAL CHANGES, NOT JUST FIVE OR TEN

8020

1 DEGREE CHANGES IN THE AVERAGE TEMPERATURES DURING THE DAY, BUT

2 WHEN YOU GET THESE EXTREMES, AGAIN, IT CAN SUPRESS ACTIVITY OF

3 CERTAIN SPECIES AND IT MAY STIMULATE THE ACTIVITY OF OTHER

4 SPECIES.

5 Q.: AND YOU’VE INDICATED THE FIRST SANTA ANA CONDITION

6 FROM LOOKS LIKE FEBRUARY 7TH THROUGH FEBRUARY 12TH; IS THAT

7 CORRECT?

8 A.: YES, RIGHT AROUND THAT TIME.

9 Q.: BY SANTA ANA CONDITION WHAT DO YOU MEAN?

10 A.: WE HAVE WINDS OFF OF THE DESERT WHICH TEND TO HEAT

11 UP THE COASTAL MARGIN, OR AT LEAST THE REGION ON THIS SIDE OF

12 THE MOUNTAINS.

13 Q.: AND THAT REDUCES WHAT ALSO WOULD BE A REDUCTION OF

14 THE HUMIDITY?

15 A.: IT TENDS TO — WE HAVE WINDS WITH THAT SO YOU HAVE,

16 AGAIN, AN INCREASE IN WINDS, INCREASE IN TEMPERATURE AND USUALLY

17 REDUCTION IN HUMIDITY.

18 Q.: IS THAT WHY OUR LIPS GET CHAPPED DURING THAT PERIOD

19 OF TIME?

20 A.: YES.

21 Q.: WOULD THAT ALSO INCREASE OR SPEED UP THE

22 MUMMIFICATION PROCESS OF A BODY?

23 A.: AGAIN, NOT BEING AN EXPERT IN HUMAN PATHOLOGY, MY

24 EXPERIENCE IS THAT AGAIN YOU’RE PULLING WATER OUT OF SOMETHING.

25 YOU’RE GETTING RID OF MOISTURE AT A FASTER RATE. SO IT WOULD

26 TEND TO DRY OUT SOMETHING.

27 Q.: THUS, MAKING THE BODY LESS RECEPTIVE TO THE FLIES

28 THAT WE’RE TALKING ABOUT?

8021

1 MR. FELDMAN: OBJECTION, NO FOUNDATION.

2 THE COURT: OVERRULED.

3 THE WITNESS: YES.

4

5 BY MR. DUSEK:

6 Q.: YOU HAVE TEMPERATURES LISTED THERE ON THE 7TH AT 78

7 DEGREES. SATURDAY THE 9TH AT 78 DEGREES. THE 10TH AT 79 AND

8 THE 11TH AT 82 DEGREES. WHY DID YOU INCLUDE THOSE?

9 A.: AGAIN, THOSE WERE THE HIGHEST TEMPERATURES DURING

10 THAT POINT IN TIME WHERE THE EXPECTED TEMPERATURE AVERAGE OVER

11 THE YEARS IN FEBRUARY WOULD BE A BIT LOWER, MAYBE AS MUCH AS TEN

12 DEGREES LOWER.

13 Q.: AN IN A SANTA ANA CONDITION, AT LEAST IN THE WINTER

14 TIME, WOULD WE EXPECT THE LOWS TO BE LOWER THAN USUAL?

15 A.: YES, BECAUSE YOU DON’T HAVE THE CLOUD COVER.

16 Q.: YOU ALSO HAD ANOTHER SANTA ANA CONDITION THAT

17 YOU’VE INCLUDED ON OUR CALENDAR 169. LOOKS LIKE IT STARTS

18 FEBRUARY 20TH AND RUNS THROUGH FEBRUARY 26TH. WHY DID YOU

19 INCLUDE THAT?

20 A.: AGAIN, YOU HAVE THIS WARMING TREND WITH WINDS FROM

21 THE EAST THAT AGAIN COULD AFFECT INSECT ACTIVITY.

22 Q.: HOW?

23 A.: AGAIN, YOU’RE LOOKING AT AN UNUSUAL SITUATION, AN

24 EXTREME CONDITION, SOMETHING THAT YOU WOULDN’T NORMALLY HAVE

25 EXPERIENCED AS THE SEASON PROGRESSES. SO WHAT YOU END UP HAVING

26 IN FEBRUARY IS ALMOST A SITUATION WHERE IT’S SPRING OR SUMMER TO

27 MAIN PLANTS AND ANIMALS WHEN IT ACTUALLY IS WINTER.

28 Q.: LOOKS LIKE YOU HAVE 85 DEGREES ON FEBRUARY 22ND,

.

8022

1 WHAT WAS THAT TO INDICATE?

2 A.: THAT WAS NOT ONLY A HIGH RECORD BUT I BELIEVE IT

3 WAS THE HIGH TEMPERATURE FOR THE DAY, THE AVERAGE FOR THAT

4 PARTICULAR DAY.

5 Q.: DID YOUR WEATHER DATA INDICATE WHETHER THERE WAS

6 ANY RAINFALL IN FEBRUARY?

7 A.: THERE WERE TWO DAYS WHERE THERE WAS RAINFALL THAT

8 WAS ACTUALLY RECORDED.

9 Q.: WHICH DAYS WERE THEY?

10 A.: THE 17TH AND 18TH.

11 Q.: YOU’VE INCLUDED THAT ON OUR CALENDAR?

12 A.: YES.

13 Q.: IS THERE SUCH A THING AS WINTER INSECTS AND SPRING

14 INSECTS?

15 A.: YES.

16 Q.: WHAT ARE WINTER INSECTS?

17 A.: WHAT I REFER TO THEM AS ARE THE INSECTS THAT WOULD

18 BE ACTIVE DURING COOLER WEATHER AND WETTER WEATHER. SO YOU

19 WOULD HAVE IN SOUTHERN CALIFORNIA THOSE SORTS OF SITUATIONS

20 WHERE THERE’S MOISTURE AVAILABLE AND THE TEMPERATURES TEND TO BE

21 A LITTLE LOWER.

22 Q.: THAT WOULD BE INCONSISTENT WITH THE WEATHER

23 TEMPERATURES DURING THE SANTA ANA CONDITION THERE IN THE 7TH

24 THROUGH THE 12TH OF FEBRUARY?

25 A.: YES.

26 Q.: AND ALSO INCONSISTENT WITH THE WEATHER TEMPERATURES

27 IN THE SECOND SANTA ANA FROM THE 20TH TO THE 26TH?

28 A.: YES.

8023

1 Q.: WOULD YOU EXPECT THEM TO BE DORMANT THEN DURING

2 THAT PERIOD OF TIME?

3 A.: THEIR ACTIVITY CYCLE WOULD BE PRETTY MUCH

4 RESTRICTED TO TEMPERATURES THAT WERE MORE FAVORABLE, SAY NOW,

5 DOWN IN THE 60S, HIGH 50S AND ALL. AND YOU WOULD ALSO HAVE

6 INCREASED COMPETITION BY MORE INSECTS THAT WERE ADAPTED TO

7 WARMER WEATHER.

8 Q.: SO DURING THE TEMPERATURE RANGE THAT YOU JUST

9 DESCRIBED THE INSECTS MIGHT BE ACTIVE, BUT WHEN WE WENT BEYOND

10 THAT TEMPERATURE RANGE, BOTH HIGH AND LOW, THEY WOULD REDUCE

11 THEIR ACTIVITIES?

12 A.: YES.

13 Q.: SPRING INSECTS, DESCRIBE WHAT YOU MEAN THERE.

14 A.: WELL, SPRING OR SUMMER INSECTS, WHEN THE

15 TEMPERATURES WARM UP THERE’S NOT AS MUCH WATER, YOU TEND TO GET

16 A DIFFERENT COMPOSITION OF THE INSECT COMMUNITY, PARTICULARLY

17 THE FLIES. SO YOU’LL HAVE, SAY, THE CALLIPHORA BLOW FLIES,

18 CERTAIN GROUPS THAT ARE ADAPTED TO COOLER WEATHER CONDITIONS,

19 THEY ARE REPLACED BY THOSE INSECTS THAT ARE ADAPTED TO WARMER

20 AND DRIER SITUATIONS.

21 Q.: SO THE SPRING FLIES WOULD BECOME MORE ACTIVE IN

22 SPRING-LIKE CONDITIONS?

23 A.: YES.

24 Q.: AND FEBRUARY IS TYPICALLY A WINTER MONTH, CORRECT?

25 A.: YES.

26 Q.: WHEN WE GET THESE SANTA ANA CONDITIONS, THOUGH,

27 THAT TURNS INTO A SPRING OR SUMMER LIKE CLIMATE?

28 A.: FOR THE INSECTS IT BECOMES VERY CONFUSING BECAUSE,

8024

1 AGAIN, THEY’RE THE LATER FLIES IN THE SEASON. PARTICULARLY THE

2 FLESH FLIES USUALLY DON’T COME OUT FOR A WHILE. BUT ALL OF A

3 SUDDEN THEY’RE STIMULATED BY TEMPERATURE TO EMERGE AS ADULTS AND

4 SEARCH FOR RESOURCES. WHEREAS THE WINTER FLIES TEND TO GET

5 SUPPRESSED A BIT.

6 Q.: THE RAINFALL, WOULD THAT STIMULATE THE SPRING

7 FLIES?

8 A.: YES.

9 Q.: IN FACT, THE RAINFALL THAT WE HAVE THERE ON THE

10 17TH AND 18TH, WOULD YOU EXPECT THAT AMOUNT TO STIMULATE THE

11 SPRING FLIES?

12 A.: IT COULD CERTAIN SITUATIONS. AGAIN, IF THEY

13 ACTUALLY DID GET AT LEAST A THIRD OF AN INCH OF RAIN IT COULD

14 STIMULATE ADULT EMERGENCE.

15 Q.: AND IF IT DIDN’T EVEN GET THAT AMOUNT OF RAIN, THEN

16 YOU WOULDN’T EXPECT THEM TO BE STIMULATED?

17 A.: RIGHT. THEN IT WOULD JUST REMAIN IN-STATE, IN WHAT

18 WE CALL A DIAPAUSE, ARRESTING STAGE UNTIL AGAIN THE

19 ENVIRONMENTAL CONDITIONS ARE MORE FAVORABLE.

20 Q.: DOES THE WIND HAVE AN EFFECT ON THE INSECT

21 ACTIVITY?

22 A.: IT WILL HAVE AN EFFECT ON THE WAY THAT ODORS ARE

23 SPREAD. IT WILL HAVE AN EFFECT AS FAR AS DRYING SURFACES WHICH

24 MIGHT PERHAPS MAKE IT LESS RECEPTIVE TO THE OVA POSITION OR EGG

25 LAYING OF FLIES.

26 Q.: I THINK YOU TOLD US IN YOUR REPORT AND TO EARLIER

27 EXAMINATION THAT THE CLOSEST TO THE RECOVERY TIME THE BUGS YOU

28 FOUND, THE INSECTS YOU FOUND ON THE BODY COULD BE — WOULD BE

8025

1 FEBRUARY 16TH THROUGH 18TH; IS THAT CORRECT?

2 A.: YES.

3 Q.: THAT’S THE CLOSEST THEY COULD BE TO THE RECOVERY

4 SITE?

5 A.: YES.

6 Q.: YOU CANNOT TELL US THE FURTHEST THEY COULD BE FROM

7 THE TIME THE BODY WAS RECOVERED, CAN YOU?

8 MR. FELDMAN: ASKED AND ANSWERED.

9 THE COURT: OVERRULED.

10 YOU CAN ANSWER.

11 THE WITNESS: NO.

12

13 BY MR. DUSEK:

14 Q.: THERE ARE SIMPLY TOO MANY VARIABLES THAT WE’VE

15 DISCUSSED HERE TODAY?

16 A.: WELL, THERE’S VARIABLES BUT AGAIN, THE THINGS I’M

17 LOOKING FOR THAT WOULD INDICATE A LONGER TIME WERE NOT PRESENT.

18 Q.: WE’VE HEARD EARLIER THAT DR. BLACKBOURNE TALKED

19 ABOUT A TIME OF DEATH BEING BETWEEN TEN DAYS BEFORE RECOVERY AND

20 SIX WEEKS BEFORE RECOVERY.

21 BASED UPON YOUR ANALYSIS, ARE YOU ABLE TO LIMIT

22 THAT IN ANY SORT OF WAY?

23 A.: THE ONLY THING I COULD LIMIT IS HAVING TO DO WITH

24 THE DEVELOPMENT OF THE FLIES, THE MAGGOTS THAT WERE ON THE BODY.

25 THAT’S WHAT I’M BASING MY TIMEFRAME ON. BUT AGAIN, IF THE

26 BODY — IF THE VICTIM WAS DEAD LONGER, AND THERE WAS SOMETHING

27 TO EXCLUDE THE INSECTS FROM GETTING AT IT, OF COURSE, THE BODY

28 COULD HAVE BEEN THERE LONGER. I CAN’T RULE THAT OUT.

8026

1 Q.: ALL RIGHT.

2 AND BASED UPON THE WEATHER CONDITIONS THAT YOU’VE

3 TALKED ABOUT, THAT WOULD PROVIDE UNKNOWN VARIABLES TO YOUR

4 ESTIMATIONS?

5 A.: YES.

6 MR. DUSEK: THANK YOU, SIR.

7 THE COURT: ALL RIGHT.

8 ANY REDIRECT, MR. FELDMAN?

9 MR. FELDMAN: OH, PROBABLY.

10

11

12 REDIRECT EXAMINATION +

13 BY MR. FELDMAN:

14 Q.: THE SANTA ANA CONDITIONS, THEY WOULD ACCELERATE

15 THAT DECOMPOSITION, THAT DRYING PROCESS YOU TALKED ABOUT, IS

16 THAT RIGHT, SIR?

17 A.: THEY COULD ACCELERATE. IF THE INSECTS ARE ON THE

18 BODY THEY’LL INCREASE THEIR SPEED IN DEVELOPING.

19 Q.: SO A BODY THAT LOOKS LIKE IT COULD HAVE BEEN OUT

20 THERE FOR A LONGER PERIOD OF TIME, IN FACT, BY VIRTUE OF THE

21 WEATHER AND THE INSECTS COULD HAVE BEEN OUT THERE FOR A SHORTER

22 PERIOD OF TIME, IS THAT A FAIR STATEMENT?

23 A.: FOR TWO REASONS THAT COULD BE TRUE. ONE, AGAIN,

24 AMBIENT AIR TEMPERATURE BEING HIGH AND THE PRESENCE OF A MAGGOT

25 MASK WHERE THEY’RE PRODUCING THEIR OWN HEAT IN A SENSE, I GUESS

26 A SIDE LIGHT OF DECOMPOSITION WHERE THEY’RE PRODUCING THIS

27 METABOLIC ENERGY AND THAT INCREASES TEMPERATURE, SO THEY’RE

28 MOVING ALONG RATHER QUICKLY.

8027

1 Q.: AND YOU FOUND A MAGGOT MASK IN THIS CASE?

2 A.: YES.

3 Q.: THAT WAS IN THE INTERNAL ORGANS, IS THAT RIGHT?

4 A.: IT WAS IN THE ABDOMINAL CAVITY AND PART OF THE

5 THORAX.

6 Q.: AMONG THE AREAS WHERE INSECTS COULD HAVE INVADED

7 THIS BODY COULD HAVE BEEN IN THE UROGENITAL AREA, AS YOU POINTED

8 OUT, IS THAT RIGHT?

9 A.: YES.

10 Q.: SO THE INSECTS, THEY DON’T LOOK FOR THE NOSTRILS,

11 FOR INSTANCE, OR THE EYES OR THE EARS, THEY LOOK FOR WHATEVER’S

12 AVAILABLE, IS THAT RIGHT?

13 A.: USUALLY THE EYES, EARS AND MOUTH ARE AVAILABLE.

14 BUT AGAIN, ANY NATURAL OR UNNATURAL OPENING.

15 Q.: SO HYPOTHETICALLY, I SUPPOSE IF THERE WAS A ANIMAL

16 THAT BIT IN A PARTICULAR AREA, THAT WOULD DRAW INSECTS TO IT

17 BECAUSE THAT WOULD OPEN UP FLUID AND ODOR, IS THAT RIGHT?

18 A.: THAT WOULD OPEN UP THE SURFACE FOR POTENTIAL FOR

19 EGG LAYING.

20 Q.: SO THERE COULD BE TWO SEPARATE THEN SOURCES FOR THE

21 INSECTS TO HAVE INVADED. ONE COULD HAVE BEEN AN ANIMAL BITE

22 THAT MIGHT HAVE OPENED SOMETHING UP. THE OTHER COULD HAVE BEEN

23 STRAIGHT NATURAL, IS THAT A FAIR STATEMENT?

24 A.: YES.

25 Q.: MR. DUSEK DIRECTED YOUR ATTENTION TO A PARTICULAR

26 PORTION OF YOUR REPORT. DO YOU HAVE A COPY OF YOUR REPORT UP

27 THERE?

28 A.: YES.

8028

1 Q.: YOU’VE READ "OF NOTE IS THE DIVERSITY OF INSECTS

2 THAT WERE ASSOCIATED WITH THE REMAINS. NUMEROUS ADULT BEETLES

3 OFTEN INDICATE REMAINS ARE PRESENT FOR TWO TO THREE WEEKS OR

4 LONGER."

5 SIR, COULD YOU PLEASE READ THE REST OF THAT

6 STATEMENT STARTING WITH —

7 A.: "HOWEVER, WITH A LONGER TIMEFRAME THE PRESENCE OF

8 IMMATURE BEETLE LARVAE GRUBS, ESPECIALLY THOSE OF DERMESTIDS AND

9 CLERIDS WOULD BE ANTICIPATED.

10 Q.: "NO GRUBS OF ANY BEETLE SPECIES WERE ENCOUNTERED."

11 THAT’S STILL — THAT KEEPS GOING IN THE SAME PARAGRAPH, RIGHT?

12 A.: YES. AGAIN, "NO GRUBS OF ANY BEETLE SPECIES WERE

13 ENCOUNTERED, YES.

14 Q.: "AND NO LARVAL" — I’D LIKE YOU TO READ IT SO THAT

15 WE HAVE —

16 A.: "ADDITIONALLY, NO LARVAL PIOPHILID CHEESE-SKIPPER

17 FLIES WERE PRESENT ON THE REMAINS, THOUGH ADULTS WERE NUMEROUS.

18 OTHER THAN THE UNUSUAL WEATHER FLUCTUATIONS DURING FEBRUARY NO

19 EXPLANATION IS AVAILABLE FROM THE EVIDENCE EXAMINED THAT

20 CLARIFIES THESE DATA."

21 Q.: THESE DATA REFERS TO YOUR CONCLUSION — BY THE WAY,

22 YOUR CONCLUSION HASN’T CHANGED ANY AS A RESULT OF MR. DUSEK’S

23 CROSS-EXAMINATION, HAS IT?

24 A.: NOT BASED ON THE FLY LARVAE, NO.

25 Q.: NOT BASED ON ANY OF HIS QUESTIONS?

26 A.: WELL, THE ABSENCE OF BEETLE LARVAE AND THE PRESENCE

27 OF THE FLIES THAT WERE IDENTIFIED, THEIR STAGE AND DEVELOPMENT,

28 IT STILL REMAINS THE SAME.

8029

1 Q.: SO WE STILL COUNT BACKWARD TEN TO 12 DAYS FROM 28

2 FEBRUARY WHEN SAMPLES WERE PRESERVED AND FURTHER DEVELOPMENT

3 HALTED. INITIAL OVA POSITION OCCURRED NO LATER THAN 16 TO 18

4 FEBRUARY 2002, RIGHT?

5 A.: YES.

6 Q.: YOU NOTED THAT THIS WAS THE FIRST GENERATION OF

7 SOME OF THE INSECTS, IS THAT RIGHT?

8 A.: THIS WAS THE INITIAL GENERATION I COULD FIND.

9 Q.: WHAT DOES THAT MEAN? OF WHAT CONSEQUENCE IS THAT?

10 A.: OFTENTIMES, WHEN INSECTS DEVELOP, SAY, UNDER

11 OPTIMAL CONDITIONS OF FOOD, HUMIDITY, AND TEMPERATURE FOR

12 DEVELOPMENT, YOU GO THROUGH A GENERATION OF CERTAIN FLIES, SAY,

13 IN NINE OR TEN DAYS. SO WITHIN ABOUT SEVEN TO EIGHT DAYS

14 THEY’RE GOING TO BE MOVING AWAY FROM WHAT THEY’VE BEEN FEEDING

15 ON AND LOOK FOR AREAS TO PUPATE.

16 AND ONCE THAT HAPPENS AND THEY EMERGE AS ADULTS,

17 MAYBE IN ANOTHER THREE OR FOUR DAYS THEY CAN REINFEST THE

18 RESOURCE AGAIN. AND THAT WOULD BE A SECOND GENERATION.

19 THERE IS SOME OVERLAP AND IT’S NOT TOTALLY DISCREET

20 BUT OFTENTIMES IT CAN BE TREATED THAT WAY. AND FROM THE INSECTS

21 THAT WERE COLLECTED HERE, AND FROM THE SOIL SAMPLES, IT’S

22 EVIDENT THAT THIS WAS THE INITIAL INFESTATION.

23 Q.: SO, IN OTHER WORDS, THE FIRST CHANCE THAT BUGS HAD

24 AT THE BODY, MORE OR LESS?

25 A.: YES.

26 Q.: AND THAT’S CONSISTENT WITH YOUR THEORY THAT THE

27 BUGS — I’M SORRY, THAT THE BODY COULD HAVE BEEN LAYING OUT, AS

28 MR. DUSEK’S USING THE WORD, THE 16TH BUT FROM THE — AS EARLY AS

8030

1 THE 16TH THROUGH THE 18TH, THAT’S CORRECT, ISN’T IT?

2 A.: YES.

3 Q.: AND INCONSISTENT WITH THE NOTION THAT THE BODY WAS

4 OUT, SAY, FROM FEBRUARY 4TH AFTER 8:40 IN THE MORNING?

5 A.: NONE OF THE MAGGOTS I LOOKED AT WOULD INDICATE

6 THAT.

7 Q.: I’M SORRY. NONE OF THE MAGGOTS THAT I — I JUST

8 DIDN’T UNDERSTAND WHAT YOU MEANT TO SAY?

9 A.: YEAH, THE — AGAIN, WHAT I’M BASING THE TIMEFRAME

10 ON ARE THE IMMATURE STAGES OF THE FLIES, AND THEY INDICATE THAT

11 TEN TO 12 DAY PERIOD.

12 Q.: NOW, MR. DUSEK WAS ASKING YOU QUESTIONS ABOUT THE

13 PRESENCE OF BEETLES AND I JUST WANT TO MAKE SURE I UNDERSTAND

14 THIS SO IT’S UNDERSTOOD CLEARLY.

15 YOU FOUND BEETLES, RIGHT?

16 A.: YES.

17 Q.: BUT — AND USUALLY — OR IN SOME CIRCUMSTANCES THE

18 PRESENCE OF BEETLES CAN INDICATE A BODY MIGHT BE OUT OR A FOOD

19 SOURCE, A RESOURCE, AS YOU PUT IT, MIGHT BE THERE FOR TWO WEEKS

20 OR GREATER, IS THAT RIGHT?

21 A.: YES.

22 Q.: BUT YOU DON’T GET TO THAT CONCLUSION UNLESS YOU

23 FIND IMMATURE BEETLES, GRUBS, IS THAT RIGHT?

24 A.: YES.

25 Q.: AND YOU DID NOT FIND IMMATURE BEETLES, CORRECT?

26 A.: NO. I JUST FOUND — AGAIN, THE DIVERSITY OF

27 SPECIES.

28 Q.: SO THEREFORE, THAT FINDING IS CONSISTENT WITH YOUR

8031

1 CONCLUSION THAT OVA POSITION OCCURRED BETWEEN THE 16TH AND 18TH

2 OF FEBRUARY AND NOT SOONER?

3 A.: THE ABSENCE OF THE LARVAL STAGES OF BEETLES AGAIN

4 IS CONSISTENT JUST WITH THE LARVAL STAGE DEVELOPMENT.

5 Q.: BY THE WAY, THESE BUGS, THEY’VE BEEN AVAILABLE FOR

6 THE PROSECUTION OR ANYONE TO TAKE ANOTHER LOOK AT, HAVEN’T THEY?

7 A.: I IMAGINE SO.

8 Q.: YOU’VE CHECKED THEM INTO THE SAN DIEGO POLICE

9 DEPARTMENT?

10 A.: TWICE.

11 Q.: THE AREA OF SINGING HILLS, MR. DUSEK FOUND THAT

12 EXHIBIT, IT WAS NUMBER TWO. I’D LIKE TO DIRECT YOUR ATTENTION

13 TO EXHIBIT 2 AND PHOTOGRAPH "A". YOU’VE TALKED ABOUT

14 DEVELOPMENT — I DON’T KNOW – CAN YOU SEE ANY — I DON’T KNOW,

15 DO WE SEE THE DEVELOPMENT IN THIS PICTURE THAT YOU WERE

16 REFERENCING, SIR?

17 A.: THE SPECIFIC DEVELOPMENT I WAS TALKING ABOUT WOULD

18 BE A LITTLE FARTHER WEST HAVING TO DO WITH THE HOMES AND

19 PROPERTIES AROUND SINGING HILLS.

20 Q.: AND THE DEVELOPMENT THEN WOULD BECOME A RESOURCE

21 FOR BUGS?

22 A.: YES.

23 Q.: THE AREA THAT’S DEPICTED IN 2B, WHICH IS CIRCLED,

24 THAT’S THE AREA WHERE THE BODY WAS FOUND, THAT WAS A DUMPSITE,

25 RIGHT?

26 A.: THAT’S WHAT I WAS TOLD.

27 Q.: AND A DUMPSITE IS A RESOURCE FOR BUGS, ISN’T IT?

28 MR. DUSEK: OBJECTION, LEADING.

8032

1 THE COURT: OVERRULED.

2 YOU CAN ANSWER.

3 THE WITNESS: I’M SORRY?

4

5 BY MR. FELDMAN:

6 Q.: ISN’T A DUMPSITE ALSO A POTENTIAL RESOURCE FOR

7 BUGS?

8 A.: IT COULD BE, DEPENDING ON WHAT’S DUMPED.

9 Q.: FLIES WILL MIGRATE TO THE TRASH, WON’T THEY, IN A

10 DUMPSITE GENERALLY?

11 A.: THEY WILL RESPOND TO ODORS AND SEARCH OUT THE

12 ODORS, SO IF YOU HAVE TRASH AROUND THEY WILL TRY TO FIND IT.

13 Q.: AND IF THERE’S A BODY THERE THAT’S DECOMPOSING AND

14 THERE’S TRASH THERE, THAT’S BASICALLY TWO SEPARATE REASONS TO

15 ATTRACT THE FLIES THAT ARE AVAILABLE, IS THAT RIGHT.

16 MR. DUSEK: OBJECTION, VAGUE AS TO TYPE OF TRASH.

17 THE COURT: SUSTAINED. REPHRASE IT.

18 MR. FELDMAN: PARDON ME?

19 THE COURT: REPHRASE IT.

20 MR. FELDMAN: YES, YOUR HONOR.

21 Q.: IF YOU ASSUME IN THE DUMPSITE THAT IN THE DUMPSITE

22 THERE IS TRASH WHICH MIGHT ATTRACT FLIES, AND YOU ADD TO THAT

23 ASSUMPTION THE PRESENCE OF A DECOMPOSING BODY, WOULD THAT TEND

24 TO ATTRACT FLIES?

25 A.: WELL, AGAIN, YOU HAVE A COMPOUNDING OF THE AMOUNT

26 OF ODORS THAT’S PRODUCED, AND THE OPPORTUNITY MAY BE FOR MORE

27 FLIES TO RESPOND TO THAT.

28 Q.: IN THIS SPECIFIC CASE YOU NOTICED THAT THERE WAS

8033

1 FLUID IN PARTICULAR BODY CAVITIES THAT YOU WERE SEARCHING, IS

2 THAT RIGHT, SIR?

3 A.: THERE WAS FLUID ON THE — INSIDE THE BODY, YES.

4 Q.: AND THAT IS THE AREA OR ONE OF THE AREAS FROM WHICH

5 YOU DREW THE MAGGOTS, IS THAT RIGHT?

6 A.: YES.

7 Q.: AND THE PRESENCE OF FLUID IS BASICALLY INCONSISTENT

8 WITH THE NOTION OF A COMPLETELY DRIED OUT BODY, ISN’T THAT

9 RIGHT?

10 A.: WELL, MOISTURE INSIDE. THE DRYNESS WAS ON THE

11 OUTSIDE OF THE BODY.

12 Q.: NOW, IN YOUR CAREER EXPERIENCE WOULD YOU EXPECT IF

13 A PIECE OF MEET WAS LEFT OUT ON THE STREETS OF SAN DIEGO, WOULD

14 YOU EXPECT THERE TO BE NO FLIES BEING ATTRACTED TO THAT?

15 A.: WELL, IT DEPENDS ON WHAT TIME OF DAY.

16 Q.: WELL, LET’S SAY AT NOON?

17 A.: IF YOU LEAVE FOOD OUT, IF YOU WERE AT A PICNIC AND

18 YOU HAVE THINGS LAYING OUT, YOU HAVE FLIES ATTRACTED TO THAT.

19 THEY WILL LAND ON IT.

20 Q.: IF I WAS TO GO TO THE RECOVERY SITE TODAY AND HAVE

21 A, AS YOU PUT IT, A PICNIC, WOULD I — WOULD FLIES DO YOU THINK

22 COME AROUND?

23 A.: I’D PUT A COVER ON THE FOOD. YES, I’D EXPECT FLIES

24 TO BE COMING IN.

25 Q.: SO, ALTHOUGH WE MIGHT HAVE UNUSUAL CONDITIONS THIS

26 YEAR, ALTHOUGH WE MIGHT HAVE RARE AND UNIQUE CONDITIONS THIS

27 YEAR, WE’RE STILL GETTING THE FLIES, AREN’T WE?

28 MR. DUSEK: OBJECTION, SPECULATION AS TO THIS TIME OF

8034

1 YEAR.

2 THE COURT: YES, SUSTAINED.

3

4 BY MR. FELDMAN:

5 Q.: ALTHOUGH ON THE 22ND OF FEBRUARY, 27TH OF FEBRUARY

6 OR THE 28TH OF FEBRUARY, OR THE 16TH OF FEBRUARY WE MIGHT HAVE

7 BEEN HAVING UNUSUAL CONDITIONS, IF I WOULD HAVE HAD A PICNIC AT

8 THE RECOVERY SITE YOU WOULD HAVE EXPECTED ME TO GET SOME FLIES,

9 WOULDN’T YOU?

10 A.: I WOULD EXPECT THAT FLIES WOULD NOT TOTALLY BE

11 REMOVED FROM THE ENVIRONMENT.

12 Q.: BECAUSE IN OUR ENVIRONMENT JUST THE WAY LIFE IS,

13 FLIES, THEIR PURPOSE AND MEANING IN LIFE IS TO MATE AND LAY

14 EGGS, RIGHT?

15 A.: REPRODUCTION IS SOMETHING THEY STRIVE FOR.

16 Q.: AND THEY WILL LOOK FOR WHAT’S AVAILABLE ON THE

17 GROUND OR WHEREVER; IS THAT CORRECT?

18 A.: DEPENDING ON WHETHER OR NOT IT’S IN THE RANGE OF

19 WHAT’S — THEY CAN ACTUALLY SURVIVE ON.

20 Q.: FOR INSTANCE, A DECOMPOSING BODY?

21 A.: IF THE LARVAL STAGES ARE ANIMAL TISSUE FEEDERS,

22 YEAH, THAT WOULD BE A RESOURCE.

23 Q.: LIKE — I’M SORRY — THE FLESH EATING — DID YOU

24 CALL THEM CHEESE-SKIPPERS?

25 A.: WELL, ANY OF THEM, DEPENDING ON WHAT STAGE OF

26 DECOMPOSITION.

27 Q.: WITH REGARD TO YOUR OPINION THAT OVO POSITION

28 COULDN’T HAVE OCCURRED ANY EARLIER THAN 16, 18 FEBRUARY —

8035

1 MR. DUSEK: WHOA! OBJECTION, MISSTATE THE EVIDENCE.

2 THE COURT: REPHRASE.

3

4 BY MR. FELDMAN:

5 Q.: WITH REGARD TO YOUR OPINION THAT INITIAL OVAL

6 POSITION COULD NOT HAVE OCCURRED ANY LATER THAN 16, 18 FEBRUARY,

7 WHAT’S YOUR CONFIDENCE LEVEL?

8 A.: I’M VERY CONFIDENT OF THAT.

9 Q.: SO ONE REASONABLE INTERPRETATION BASED ON YOUR

10 FINDINGS IS THAT THE POSTMORTEM INTERVAL WAS THE 16TH TO THE

11 18TH OF FEBRUARY?

12 MR. DUSEK: OBJECTION, SPECULATION, LEGAL CONCLUSION AS

13 TO WHAT’S REASONABLE.

14 THE COURT: SUSTAINED REPHRASE IT.

15

16 BY MR. FELDMAN:

17 Q.: IS IT REASONABLE THAT ONE COULD LOOK AT THIS

18 EVIDENCE AND FORM THE OPINION THAT THE POSTMORTEM INTERVAL WAS

19 BETWEEN THE 16TH AND THE 18TH OF FEBRUARY?

20 MR. DUSEK: SAME OBJECTION, YOUR HONOR, AS TO WHAT’S

21 REASONABLE.

22 THE COURT: OVERRULED.

23 YOU CAN ANSWER THAT.

24 THE WITNESS: I’M SORRY?

25 MR. FELDMAN: CAN I HAVE THE QUESTION BACK, PLEASE?

26 (RECORD READ)

27 THE WITNESS: WELL, LOOKING AT THE — AGAIN, BASING IT ON

28 THE FLY LARVAE, THE SPECIES INVOLVED IN THE STAGE OF

8036

1 DEVELOPMENT, THAT IS THE TIMEFRAME I CAME UP WITH WITH THE BODY

2 BEING AVAILABLE TO THESE INSECTS.

3 Q.: AND WITH YOUR INABILITY TO RULE OUT THE

4 UNAVAILABILITY OF THE BODY FOR ANY OTHER REASON; IS THAT RIGHT?

5 A.: YES.

6 Q.: NOW WHEN WE TALKED ORIGINALLY ABOUT UNAVAILABILITY,

7 I DON’T THINK I MADE THIS CLEAR. I WANT TO TRY AND GO BACK TO

8 THAT JUST FOR A MOMENT.

9 WITH REGARD TO THE ISSUE OF THE BODY BEING

10 UNAVAILABLE, THAT WOULD CONTEMPLATE — ONE CONTEMPLATION COULD

11 BE THAT IT WOULD BE IN A BAG OF SOME KIND, IS THAT RIGHT?

12 A.: IT WOULD BE COVERED WITH SOMETHING THAT PROBABLY

13 ALLOWED FOR VENTILATION BUT NOT FOR ROTTING. SO FOR INSTANCE, A

14 PLASTIC BAG WOULD HAVE RESULTED IN A LOT OF DIFFERENT CONDITIONS

15 I THINK TO THE BODY.

16 Q.: BUT YOU DIDN’T SEE ANY EVIDENCE OF THAT?

17 A.: I DIDN’T SEE THAT.

18 Q.: BUT REGARDLESS, THAT WOULD HAVE REQUIRED SOME KIND

19 OF TYING OF THE BAG TO PREVENT THE INSECTS FROM GETTING INTO THE

20 BAG BECAUSE THERE WOULD BE AN ODOR EMINATING FROM INSIDE THE

21 BAG, RIGHT?

22 A.: WELL, IT WOULD HAVE TO BE SOME SORT OF BARRIER THAT

23 THE INSECTS COULD NOT GET TO THE BODY.

24 Q.: THAT’S WHAT I WAS TRYING TO GET AT. THERE WOULD

25 HAVE TO BE A BARRIER THAT WOULD PREVENT THE INSECTS FROM HAVING

26 ACCESS TO THE BODY OR THE RESOURCE, AS YOU PUT IT?

27 A.: YES.

28 Q.: SIR, DO YOU THINK THAT A BODY COULD HAVE BEEN

8037

1 LAYING OUT FOR, SAY, SINCE THE 4TH OF FEBRUARY WITHOUT

2 ATTRACTING ANY FLIES?

3 A.: I WOULD FIND THAT UNUSUAL.

4 Q.: WOULD YOU FIND IT — HAVE YOU EVER SEEN ANYTHING

5 LIKE THAT BEFORE OTHER THAN IN THE ARCTIC, SAY?

6 A.: WELL, MOST OF THE CASES I’VE WORKED ON I’M CALLED

7 IN BECAUSE THERE ARE INSECTS ON THE BODY. ONCE IN A WHILE, IF

8 THERE ARE NO INSECTS AND THERE ARE INSECTS AROUND, I COULD BE

9 CALLED IN. BUT THE SITUATION IF A BODY’S AVAILABLE, THAT’S A

10 RESOURCE. THE INSECTS ARE NOT MAKING MUCH OF A DETERMINATION.

11 THEY’RE RESPONDING TO ENVIRONMENTAL CUES TO ODORS. THEY LAND,

12 THEY SEARCH OUT A SUITABLE SITE TO DEPOSIT EGGS OR LARVAE AND

13 THEY DO THAT.

14 Q.: YOU’VE EVEN SEEN FLIES ON MUMMIFIED BODIES IN THE

15 DESERT?

16 A.: I’VE SEEN BODIES INTERNALLY THAT ARE VERY DRY ON

17 THE OUTSIDE HAVE INSECT ACTIVITY INSIDE OF THE BODY.

18 Q.: EVEN CONSIDERING THE LOW POPULATION OF FLIES, BASED

19 ON YOUR TRAINING AND EXPERIENCE, WOULD YOU EXPECT THAT THE BODY

20 COULD HAVE BEEN OUT THERE FOR THREE WEEKS?

21 A.: THE INDICATION, AGAIN, OF THE FLIES, IT WOULD BE,

22 AGAIN, NOTHING SHOWS THAT IT WAS LONGER THAN THE TIMEFRAME I

23 INDICATED.

24 MR. FELDMAN: IF I COULD JUST HAVE A MOMENT, PLEASE?

25 (PAUSE)

26 MR. FELDMAN: THANK YOU VERY MUCH.

27 NO FURTHER.

28 THE COURT: ALL RIGHT. ANYTHING FURTHER, MR. DUSEK?

8038

1 RECROSS-EXAMINATION +

2 BY MR. DUSEK:

3 Q.: YOUR OPINIONS ARE BASED ENTIRELY UPON SEEING THE

4 FLIES ON THE BODY AT A CERTAIN TIME, CORRECT?

5 A.: FLY LARVAE.

6 Q.: FLY LARVAE AT A CERTAIN TIME. AND WHEN YOU RESPOND

7 TO SCENES THE FLIES ARE ALREADY THERE, CORRECT?

8 A.: YES.

9 Q.: YOU DO NOT KNOW HOW LONG THE BODY HAS BEEN THERE

10 WHEN YOU ARRIVE AT A SCENE, CORRECT?

11 A.: CORRECT.

12 Q.: ALL YOU CAN TELL US IS BASED UPON THE FLIES ON THE

13 BODY HOW LONG THE FLIES HAVE BEEN LAYING EGGS ON THAT BODY,

14 CORRECT?

15 A.: HOW LONG THEY’VE BEEN IN ASSOCIATION WITH THE BODY,

16 YES.

17 Q.: AND AS YOU TELL US HERE IN YOUR REPORT THAT THE EGG

18 LAYING SITUATION OCCURRED NO LATER THAN 16 TO 18 FEBRUARY 2002,

19 CORRECT?

20 A.: CORRECT.

21 Q.: YOU THEN GO ON TO SAY "ALTHOUGH DEATH MAY HAVE

22 OCCURRED AT AN EARLIER DATE, THE INSECTS DID NOT INFEST THE

23 REMAINS UNTIL THIS TIME"?

24 A.: CORRECT.

25 Q.: AND WE TALKED ABOUT THE FACTORS, THE UNKNOWNS THAT

26 COULD HAVE DELAYED THE INSECTS TO GOING TO THE BODY IN THIS

27 CASE?

28 A.: YES.

8039

1 Q.: QUESTIONS WERE ASKED ABOUT THE DUMPSITE THERE AT

2 DEHESA. ARE FLIES ATTRACTED TO TIRES, CHAIRS, ENGINE PARTS OR

3 REFRIGERATORS?

4 A.: NOT FLESH RELATED FLIES, NO.

5 Q.: AND THOSE ARE THE ONES WE’RE TALKING ABOUT HERE,

6 AREN’T WE?

7 A.: YES.

8 Q.: AND IF WE GO TO A PICNIC WE LEAVE OUT FOOD FOR

9 FLIES, DON’T WE?

10 A.: FLIES WILL TAKE ADVANTAGE OF THAT, YES.

11 Q.: AND THAT’S WHAT THEY’D BE ATTRACTED TO?

12 A.: YES.

13 Q.: AND IN A MUMMIFIED BODY THE ONLY THING THEY WOULD

14 BE ATTRACTED TO WOULD BE THE OPENINGS ON THE BODY?

15 A.: AREAS THAT THEY CAN GET INTO THAT WOULD BE DARK,

16 MOIST AND PROBABLY NOT TOO EXPOSED.

17 Q.: AND REGARDING THE BEETLES THAT COUNSEL BROUGHT UP

18 HERE, YOU TOLD US THAT BECAUSE OF THE FLY SITUATION THE LATEST

19 THEY COULD BE ON THE BODY IS FEBRUARY 16TH THROUGH 18TH, IS THAT

20 RIGHT?

21 A.: YES.

22 Q.: AND YOU CANNOT GIVE US A MAXIMUM AMOUNT OF TIME?

23 A.: NO, I CANNOT.

24 Q.: AND THE BEETLES ACTIVITY, THE DIVERSITY OF THE

25 BEETLES WOULD EXPAND OR EXTEND TO THAT MINIMUM AMOUNT OF TIME

26 ANOTHER TWO OR THREE WEEKS BEYOND THE 16TH OR 18TH?

27 A.: IT SEEMS LIKE IT COULD BECAUSE AGAIN, THE NUMBERS.

28 I CANNOT QUANTIFY THAT. BUT AGAIN, THE ABLE SENSE OF THE

8040

1 IMMATURE STAGES I DON’T HAVE AN EXPLANATION FOR THAT. IT WASN’T

2 SUITABLE, I GUESS, FOR THEM TO DEPOSIT EGGS FOR ONE REASON OR

3 ANOTHER.

4 Q.: SO THAT’S JUST SOMETHING YOU DON’T KNOW ABOUT IN

5 THIS CASE?

6 A.: YES.

7 Q.: AND BY LOOKING AT THE — ONCE THE FLIES ARRIVE AT

8 THE BODY AND START FORMING THAT MAGGOT MASK THAT YOU WERE

9 TALKING ABOUT IN THE STOMACH REGION — FIRST OF ALL, THAT MASK

10 WOULD HAVE TO OPEN UP TO ALLOW THEM TO GO IN THERE, WOULDN’T IT?

11 A.: IN THIS CASE THAT WAS PROBABLY THE SITUATION.

12 Q.: ALL RIGHT.

13 BECAUSE THEY’RE NOT GOING TO EAT THEIR WAY THROUGH

14 THE SKIN, ARE THEY?

15 A.: NOT IN THE POSITION THE BODY WAS IN.

16 Q.: SO THE BODY WOULD HAVE TO BE THERE LONG ENOUGH FOR

17 ANIMALS TO OPEN IT UP, CORRECT?

18 A.: WELL, THE OPTION WOULD HAVE TO BE PRESENT FOR THEM

19 TO GET INTO THE ABDOMINAL CAVITY.

20 Q.: AND YOU CAN TELL US WHAT — THE ONLY THING YOU CAN

21 TELL US WITH ANY CERTAINTY IS IF ONCE THE FLIES STARTED ARRIVING

22 AT THAT OPENED UP BODY, THEN IT TOOK TEN TO 12 DAYS TO GET TO

23 THE POINT THAT YOU SAW AT THE AUTOPSY?

24 A.: YES.

25 Q.: AND THE NUMBER OF FLIES, THE TEMPERATURE, THE WIND

26 CONDITIONS, THE HUMIDITY AND THE RAINFALL WOULD ALL AFFECT HOW

27 LONG IT TOOK THE FLIES TO GET TO THAT OPENED UP BODY.

28 A.: YES.

8041

1 MR. DUSEK: THANK YOU, SIR.

2 THE COURT: ANYTHING FURTHER, MR. FELDMAN?

3

4 REDIRECT EXAMINATION +

5 BY MR. FELDMAN:

6 Q.: BUT NO EVIDENCE IS AVAILABLE TO EXPLAIN THE

7 EXCLUSION OF THE INSECTS BEFORE 16 TO 18 FEBRUARY, CORRECT?

8 A.: CORRECT.

9 MR. FELDMAN: NO FURTHER QUESTIONS.

10 THE COURT: ALL RIGHT.

11 IS MR. FAULKNER TO BE EXCUSED?

12 MR. DUSEK: YES.

13 THE COURT: ALL RIGHT. THANK YOU VERY MUCH, SIR, FOR

14 COMING IN. YOU’RE FREE TO LEAVE THESE PROCEEDINGS. REMEMBER

15 YOU’RE UNDER AN ADMONITION NOT TO DISCUSS YOUR TESTIMONY UNTIL

16 THE MATTER’S CONCLUDED. OKAY?

17 THE WITNESS: YES.

18 THE COURT: THANK YOU VERY MUCH.

19 OKAY, LADIES AND GENTLEMEN, BEFORE I GIVE YOU YOUR

20 EVENING DOSE OF THE DAILY ADMONITION, I JUST WANT TO REMIND YOU

21 THAT THE SHEPHERD’S GOING TO BE AWAY FROM THE FLOCK FOR A WHILE

22 AND WHAT I NEED FOR YOU TO DO IS TO GUARD AGAINST, IN THE UTMOST

23 WAY POSSIBLE, READING OR LISTENING TO, BECAUSE I SUSPECT, BASED

24 ON MY EXPERIENCE OVER THE 4TH OF JULY, THAT NEXT WEEK WHEN

25 THERE’S NOTHING LIVE THERE WILL BE SOMETHING CONTRIVED.

26 I’M NOT A POET BUT THAT JUST SEEMED TO FLOW RIGHT

27 OUT. THEY’RE GOING TO HAVE SYNOPSES, ALL OF THE TALKING HEADS

28 WILL BE OUT THERE JUST TO KEEP THE INTEREST UP UNTIL WE START

8042

1 AGAIN ON MONDAY THE 22ND. ALSO, I’VE BEEN GETTING PHONE CALLS

2 FOR THE LAST TWO DAYS CONGRATULATING ME ON MY ANNIVERSARY

3 BECAUSE ONE OF THE SHOWS HAPPENED TO SAY JUDGE MUDD’S BEEN

4 MARRIED FOR 30 YEARS.

5 WELL, YOU KNOW THAT’S NOT TRUE. IT’S 34 ACTUALLY.

6 I’VE TRIPPED OVER ANOTHER YEAR SINCE THEN. BUT I’VE BEEN

7 GETTING PHONE CALLS FROM FRIENDS THAT I HAVEN’T HEARD FROM IN

8 YEARS THROUGHOUT THE COUNTRY.

9 THE REASON I RAISE THESE POINTS IS THAT YOU CAN

10 BE — YOU CAN REST ASSURED THAT WHETHER YOU’RE MAKING YOUR BEST

11 EFFORTS OR NOT, THINGS ARE GOING TO POP UP. I MEAN, YOU CAN BE

12 WATCHING A TELEVISION SHOW ON A NATIONAL NETWORK AND ALL OF A

13 SUDDEN YOU’RE GOING TO SEE AN AD FOR DATELINE AND YOU’RE GOING

14 TO SEE THIS CASE. SO IT’S VERY, VERY IMPORTANT THAT IN THE

15 INTERIM WHILE WE’RE AWAY FROM EACH OTHER THAT YOU SELF-POLICE.

16 I ANTICIPATE THINGS WILL START MOVING VERY RAPIDLY

17 WHEN WE GET BACK TOGETHER ON THE 22ND. SO HAVE A PLEASANT AND A

18 SAFE PERIOD OFF. WE’LL BE ABLE TO START RIGHT AT 9 O’CLOCK ON

19 MONDAY. THAT WILL BE JULY 22ND.

20 PLEASE REMEMBER THE ADMONITION OF THE COURT NOT TO

21 DISCUSS ANY OF THE EVIDENCE OR TESTIMONY AMONG YOURSELVES OR

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

23 MATTER UNTIL IT IS SUBMITTED TO YOU FOR DECISION.

24 WE’LL SEE YOU JULY 22ND AT 9 O’CLOCK.

25 (AT 4:30 P.M. THE JURY WAS EXCUSED
AND THE FOLLOWING PROCEEDINGS WERE HAD:)
26

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

28 AND ALTERNATES HAVE LEFT THE COURTROOM.

8043

1 COUNSEL, OTHER THAN THE MOTION OF MR. VAN DAM

2 TOMORROW, WHAT I’D LIKE TO DO IS USE TOMORROW FOR ANY POTENTIAL

3 LOOSE ENDS THAT YOU’D LIKE TO DEAL WITH BEFORE I LEAVE SO THAT

4 IF THERE ARE ANY ISSUES THAT WE NEED TO RESOLVE, ANY SCHEDULING

5 CONFLICTS, ANY OTHER PROBLEMS, WE CAN DEAL WITH THEM TOMORROW.

6 ALSO I’D LIKE TOMORROW TO BE ABLE TO GET A PRETTY

7 GOOD IDEA OF WHERE WE’RE AT ONCE WE START ON THE 22ND.

8 SO I URGE YOU, MR. FELDMAN, TO KIND OF SCOPE OUT

9 WHERE YOU’RE AT, AND THE PEOPLE TO GIVE SOME TENTATIVE THOUGHT

10 TO WHAT REBUTTAL, IF ANY, THEY INTEND TO USE SO THAT WE CAN AT

11 LEAST DISCUSS IT.

12 OKAY. WE’LL BE IN RECESS UNTIL 9 O’CLOCK TOMORROW

13 MORNING.

14

15 (AT 4:30 P.M. AN ADJOURNMENT WAS TAKEN
UNTIL 9:00 A.M. THURSDAY, JULY 11, 20002.)
16
–O0O–

22071 - July 22nd 2002 -Transcript of David Westerfield Trial Day 20 - morning 1
10073 - July 10th 2002 -Transcript of David Westerfield Trial Day 19 - afternoon 1