22071 – July 22nd 2002 -Transcript of David Westerfield Trial Day 20 – morning 1

TRIAL DAY 20 – PART 1- morning 1


SAN DIEGO, CALIFORNIA, MONDAY, JULY 22, 2002, 9:07 A.M. (morning 1)


San Diego Union’s tribune lawyer, Mrs Cummins asking Judge Mudd for release of secret hearings
WITNESSES:
Jim Gripp (forensic artist, testified about preparation of the exhibits)
Neal Haskell (Forensic entomology consultant, testified flies had access to Danielle’s body around Feb 14th 2002, testified Danielle’s body was not available to insects colonization prior to Feb 11th 2002: while Westerfield was under constant surveillance)


–O0O–
(THE FOLLOWING OCCURRED OUT OF THE PRESENCE OF THE
JURY:
THE COURT: OKAY. MISS CUMMINS, I HAVE RECEIVED YOUR REQUEST BY YOUR CLIENTS COPLEY PRESS AND K.F.M.B. FOR IMMEDIATE HEARING ON THE SECRET HEARINGS.
I’VE ALSO SEEN YOUR DECLARATION.
I HAVE CONDUCTED A HEARING THAT RELATES TO EVIDENTIARY MATTERS THAT MAY OR MAY NOT COME BEFORE THIS JURY, AND THUS I HAVE INDICATED IN THE PAST AND I’LL INDICATE ON THIS RECORD THAT THE PUBLIC’S RIGHT TO KNOW IS SECONDARY TO THE DEFENDANT’S RIGHT, IN FACT I’LL USE IT AGAIN, BOTH SIDES’ RIGHTS TO A FAIR TRIAL UNFETTERED BY EVIDENCE THAT MAY OR MAY NOT SEE THE LIGHT OF DAY.
BUT I’LL ALLOW YOU TO MAKE WHATEVER ADDITIONAL RECORD YOU WOULD LIKE FOR WHATEVER APPELLATE REVIEW YOU WOULD SEEK.
MS. CUMMINS: THANK YOU, YOUR HONOR.
TWO THINGS. I WOULD LIKE YOU TO ADDRESS WHY ALTERNATIVES TO CLOSED HEARINGS ARE NOT AVAILABLE, INCLUDING THE FACT THAT THE JURY HAS BEEN ADMONISHED NOT TO READ OR HEAR ANYTHING OUTSIDE THE COURTROOM. SO I WOULD LIKE YOU TO ADDRESS THAT PRONG OF THE TEST.
AND I WOULD LIKE COPIES OF THE MINUTE ORDERS OF ALL THE SECRET HEARINGS THAT HAVE HAPPENED IN THIS CASE SO FAR.
THE COURT: ALL RIGHT.
WELL, YOU CALL THEM SECRET HEARINGS. I BASICALLY DON’T CONSIDER THEM IN THAT LIGHT. I AM MET WITH A LOGISTICS NIGHTMARE BECAUSE OF THE MEDIA ATTENTION OF YOUR CLIENTS AND OTHERS, AND THAT IS THAT OCCASIONALLY THE LAWYERS AND I NEED TO DISCUSS MATTERS OUT OF THE PRESENCE OF THE JURY THAT ALSO NEED NOT BE REPORTED.
INTERMIXED IN THERE MAY BE ITEMS THAT YOUR CLIENTS ARE ENTITLED TO LISTEN TO BUT OTHER ITEMS THEY ARE NOT ENTITLED TO BY THIS COURT’S OPINION. AND I’M NOT GOING TO PLAY MUSICAL CHAIRS BY HAVING THEM COME IN ON ONE, GO OUT ON ANOTHER, COME IN ON ANOTHER. SO WHAT I HAVE BASICALLY DONE IS ALLOCATED PRE-COMMENCEMENT TIME OPPORTUNITY IF THE LAWYERS HAVE ISSUES THEY WANT TO RAISE. MOST OF THE TIME I HAVE NO IDEA WHAT THOSE ITEMS MAY BE. RATHER THAN HAVE YOUR CLIENTS GOING IN AND OUT, I HAVE ELECTED TO OPERATE MY COURTROOM BY HAVING EVERYBODY REMAIN OUTSIDE UNTIL THE JURY COMES IN. THAT’S THE WAY I’M RUNNING MY COURTROOM. WHETHER OTHER PARTIES AND THE COURT OF APPEALS AGREE WITH THAT OR NOT, I WILL LEAVE IT UP TO THEM.
THE OTHER THING IS QUITE FRANKLY BECAUSE OF THE INTERMIXTURE OF MATTERS THAT ARE NOT IN THE PUBLIC DOMAIN IN MY HUMBLE OPINION AND MATTERS THAT MAY BE, I HAVE ELECTED BASICALLY TO FIND THAT THESE HEARINGS ARE THE MOST EFFICIENT USE OF THE COURT’S TIME AND THE JURY’S TIME SO THEY ARE NOT COOLING THEIR HEELS.
SO THAT’S THE REASON THAT I HAVE CLOSED THESE MATTERS. USUALLY THEY’RE VERY PERFUNCTORY AND USUALLY WE’RE ON TIME. THIS MORNING WE’RE RUNNING BEHIND.
SO THAT’S MY RECORD, AND I WILL HAVE MY CLERK MAKE AVAILABLE COPIES OF, QUOTE, THE MINUTE ORDERS OF ALL OF THE PRETRIAL — STRIKE THAT — PRE-JURY-PRESENCE MATTERS THAT THE COURT HAS HEARD.
MR. CLARKE: YOUR HONOR, WHEN THE COURT MADE THE COMMENT NEED NOT BE REPORTED, THE COURT WAS REFERRING TO MEDIA REPORTING, NOT COURT REPORTING.
THE COURT: ABSOLUTELY. EVERYTHING HAS BEEN COURT-REPORTED.
HOW MUCH TIME ARE YOU GOING TO NEED, MR. FELDMAN?
MR. FELDMAN: NO MORE THAN TEN MINUTES.
THE COURT: ALL RIGHT.
LET THE JURY KNOW IT WILL BE ABOUT ANOTHER TEN MINUTES. AND THE MEDIA CAN START COMING IN.
(END OF PROCEEDINGS OUT OF THE PRESENCE OF THE JURY.)
(RECESS, 9:10 O’CLOCK, A.M., TO 9:20 O’CLOCK, A.M.)
THE COURT: GOOD MORNING, LADIES AND GENTLEMEN, AND WELCOME BACK.
ONCE AGAIN YOU CATCH ME RIGHT OFF THE REEL HERE APOLOGIZING FOR THE DELAY. BUT OBVIOUSLY AFTER A WEEK OFF, THE LAWYERS AND I HAD A FEW THINGS WE NEEDED TO TALK ABOUT. IT IS GOOD TO SEE YOU. LOOKS LIKE THE PADRES HAD A BETTER THAN FIVE HUNDRED PER CENT WINNING AVERAGE WHILE — OR FIVE HUNDRED WINNING AVERAGE WHILE I WAS GONE.
AND I HAD NO IDEA WHILE I WAS GONE HOW MANY OFFICE POOLS AND BETS THERE WERE AS TO WHERE I WAS GOING TO ON VACATION. I GOT DISCOVERED WITHIN FIVE MINUTES OF ARRIVING AT THE DOCKS. MY WIFE AND I AND FAMILY TOOK A CRUISE, SO THERE IS A VERY HAPPY GUY THAT RUNS THE HOME DEPOT HERE IN SAN DIEGO THAT WON HIS OFFICE POOL. AND THERE WERE A LOT OF MEN AND WOMEN THAT CAME UP TO ME IN THE CRUISE AND SAID YOU LOST THE BET OR I WON A BET. SO THAT’S WHAT THAT WAS ALL ABOUT.
LADIES AND GENTLEMEN, OF COURSE, AS I CAME BACK AND REVIEWED THE PAPERS OVER THE LAST WEEK, THERE IS A MATTER PENDING IN ORANGE COUNTY. IT IS A MATTER THAT BEARS NO RELATIONSHIP WHATSOEVER TO THIS CASE IN TERMS OF ITS FACTS OR ANYTHING ELSE. AND I SIMPLY WANT TO REMIND YOU OF SOMETHING THAT I REMINDED YOU OF WAY BACK WHEN WE STARTED. AND THAT IS THAT YOUR OBLIGATION IS TO MAKE YOUR DECISIONS IN THIS CASE SOLELY BASED ON THE EVIDENCE YOU SEE AND HEAR IN THIS COURTROOM. OTHER MATTERS IN OTHER LOCATIONS ARE OF NO RELEVANCE TO THIS CASE.
ALL RIGHT. MR. FELDMAN.
MR. FELDMAN: THANK YOU, YOUR HONOR.
CALL JIM GRIPP.

JAMES GRIPP,
CALLED AS A WITNESS BY THE DEFENDANT, HAVING BEEN DULY SWORN, TESTIFIED AS FOLLOWS:
THE CLERK: SIR, WOULD YOU PLEASE STATE YOUR NAME AND SPELL IT FOR THE RECORD.
THE WITNESS: JAMES GRIPP. G-R-I-P-P.

DIRECT EXAMINATION BY MR. FELDMAN:
Q.: GOOD MORNING, SIR.
CAN YOU TELL US WHAT’S YOUR OCCUPATION.
A.: WELL, GOOD QUESTION. I GUESS YOU CALL IT A FORENSIC ARTIST. I HAVE A GRAPHICS COMPANY THAT SPECIALIZES IN THE PREPARATION OF DEMONSTRATIVE EXHIBITS FOR LITIGATION.
Q.: WE’RE IN LITIGATION HERE, AREN’T WE?
A.: YES, WE ARE.
Q.: SIR, YOU’VE BEEN RECENTLY CONTACTED OR CONTACTED THE DEFENSE TO ASSIST US IN THE PREPARATION OF CERTAIN EXHIBITS. IS THAT RIGHT, SIR?
A.: THAT’S CORRECT.
Q.: I’VE SHOWN COUNSEL AND I HAVE HAD PREVIOUSLY MARKED —
MR. FELDMAN: YOUR HONOR, I’VE HAD MARKED AS EXHIBIT 173 I’LL CALL IT A PHOTOBOARD.
(AERIAL PHOTOGRAPH MARKED TRIAL EXHIBIT NUMBER 173 FOR
IDENTIFICATION.)
BY MR. FELDMAN:
Q.: SIR, I CAN’T EVEN DEAL WITH THE CHAIN ON THIS ONE.
SIR, CAN YOU DESCRIBE, PLEASE, WHAT’S 173?
A.: EXHIBIT 173 IS A DISPLAY BOARD IN TWO PARTS SPLICED IN THE MIDDLE. IT IS AN AERIAL PHOTOGRAPH OF THE RECOVERY SITE IN DEHESA VALLEY. IT WAS PREPARED FROM AERIAL PHOTOGRAPHS THAT I FOUND ON THE WEB AT A SITE CALLED MAP BLAST AND THEN BROUGHT THOSE PHOTOGRAPHS IN, DOWNLOADED THEM, AND THEN ASSEMBLED THEM IN A PHOTO MANIPULATION SOFTWARE IN ORDER TO SPLICE THEM TOGETHER AND THEN WENT OUT TO THE SCENE, DROVE THE SCENE SO I COULD GET SOME MILEAGE AND THEN PUT TOGETHER THIS PARTICULAR DISPLAY BOARD.
NOW, ON THE DISPLAY BOARD IN THE UPPER LEFT CORNER THERE IS A SCALE, SAYS SCALE ONE INCH EQUALS 115 FEET APPROXIMATE. THIS IS BASED ON THE SCALE THAT WAS ACTUALLY ON THE PHOTOGRAPHS FROM MAP BLAST. AND THAT WAS IN METERS, AND I WAS ABLE TO CONVERT THAT TO FEET AND THEN TO CREATE THIS PARTICULAR SCALE. SO THIS ENLARGEMENT IS TO RELATIVE SCALE OF ABOUT ONE INCH EQUALS 115 FEET.
Q.: OKAY.
IT’S A TRUE AND ACCURATE REPRESENTATION OF THE AREA IT DEPICTS?
A.: YES, IT IS.
Q.: AND THE MILEAGE YOU PERSONALLY CHECKED?
A.: YES.
Q.: I’VE HAD AN EXHIBIT MARKED AS 174. SIR, SHOWING YOU WHAT’S BEEN MARKED AS 174. CAN YOU TELL US WHAT THIS IS.
A.: EXHIBIT 174 IS ALSO A DISPLAY BOARD ENTITLED “BROWN FIELD HOURLY TEMPERATURE RANGES FEBRUARY 2ND THROUGH 27TH, 2002.” AND THIS IS BASED UPON NATIONAL WEATHER SERVICE TEMPERATURES FOR BROWN FIELD, AND WHICH IS APPROXIMATELY SIXTEEN MILES FROM THE RECOVERY SITE.
I PREPARED BASICALLY A GRID. LEFT TO RIGHT, REPRESENTS FEBRUARY 2ND THROUGH 28TH, AND DOWN REPRESENTS HOURS, TWENTY-FOUR HOURS IN A DAY, STARTING WITH 0100 MILITARY TIME, 1:00 O’CLOCK IN THE MORNING, DOWN TO 2400, WHICH WOULD BE THE LAST HOUR OF THE DAY.
AND FOR EACH SQUARE OR EACH RECTANGLE I HAVE ASSIGNED IT A COLOR-CODED COLOR REPRESENTING A RANGE OF ABOUT FIVE DEGREES IN FAHRENHEIT TEMPERATURE.
ON THE RIGHT SIDE OF THE BOARD IS A COLOR-CODED TEMPERATURE RANGE KEY. AND SO THE VERY TOPMOST SQUARE IS 95 DEGREES TO A HUNDRED DEGREES FAHRENHEIT. THE BOTTOMMOST IS 30 DEGREES TO 34 DEGREES FAHRENHEIT. AND AS YOU CAN SEE, THE COLOR RANGES FROM THE WARMEST TO THE COOLEST IN RED TO YELLOWS TO GREENS TO BLUES TO PURPLE.
(TEMPERATURE RANGE CHART MARKED TRIAL EXHIBIT
NUMBER 174 FOR IDENTIFICATION.)
BY MR. FELDMAN:
Q.: WE GOT HOURLY TEMPERATURES HERE, DON’T WE?
A.: YES, WE DO.
I SHOULD EXPLAIN ON THE DATE OF THE 27TH AND THE 28TH THERE ARE SOME BOXED-IN TEMPERATURES, AND THOSE TEMPERATURES WERE FURNISHED TO ME BY AN EXPERT, NEAL HASKELL, IN HIS REPORT AND REPRESENT WHAT IS CALLED THE MAGGOT MASS HEAT. THEY ARE NOT REPRESENTATIVE OF THE AMBIENT TEMPERATURE OR THE MEASURED TEMPERATURE AT BROWN FIELD. AND THOSE TEMPERATURES ARE IN — BLOCKED IN IN BLACK.
AND THEN, FINALLY, ON THE RIGHT SIDE THERE ARE SOME GRAY BOXES. AND THOSE ARE TEMPERATURES THAT ARE NOT APPLICABLE.
Q.: WITH REGARD TO THE DEHESA RECOVERY SITE, SIR, DID YOU DO ANY RESEARCH TO INDICATE THE RELATIVE ELEVATION ABOVE SEA LEVEL OF THE RECOVERY SITE?
A.: YES.
Q.: WHAT WAS THE ELEVATION?
A.: PRETTY CLOSE TO 500 FEET. AROUND SLOANE CANYON ROAD, WHICH IS ON THE RIGHT SIDE OF THE DIAGRAM, ACCORDING TO A TOPOGRAPHIC MAP AVAILABLE ON THE WEB, THAT WAS A BASE MARK, BENCH MARK AT 503 FEET ELEVATION.
Q.: AND WITH REGARD TO BROWN FIELD, WHAT WAS THE ELEVATION AT BROWN FIELD?
A.: I WAS TOLD IT WAS ABOUT 500 FEET. I DID NOT PERSONALLY CHECK THAT.
MR. FELDMAN: THANK YOU VERY MUCH.
NO FURTHER QUESTIONS AT THIS TIME.
THE COURT: ALL RIGHT.
CROSS-EXAMINATION

CROSS-EXAMINATION
BY MR. DUSEK:
Q.: SIR, REGARDING THE EXPANDO PHOTOGRAPH THAT YOU HAVE THERE, WHEN DID YOU GO OUT TO DEHESA TO DO THAT?
A.: WITHIN THE LAST WEEK.
Q.: TIME OF DAY?
A.: IT VARIED FROM THE — ABOUT 10:30 IN THE MORNING TO APPROXIMATELY — I WAS OUT THERE ABOUT THREE TIMES — TO IN THE EVENING.
Q.: DID YOU TAKE ANY TEMPERATURES OUT THERE THEN?
A.: NO, I DID NOT.
Q.: HOW WARM WAS IT OUT THERE?
A.: WELL, THE TEMPERATURE GAUGE ON MY CAR, WHICH IS NOT EXACTLY ACCURATE, WAS APPROXIMATELY 83 DEGREES THE FIRST TIME I WENT OUT. AND DOWN TO ABOUT 75 DEGREES THE LAST TIME I WENT OUT.
Q.: 83 AT WHAT TIME OF DAY?
A.: 83 WAS ABOUT 11:00 O’CLOCK IN THE MORNING.
Q.: DO YOU KNOW HOW HOT IT GOT AT BROWN FIELD THAT DAY?
A.: NO, I DO NOT.
MR. FELDMAN: OBJECTION. RELEVANCE.
THE COURT: OVERRULED.
BY MR. DUSEK:
Q.: SO YOU DO NOT KNOW THE DIFFERENCE BETWEEN BROWN FIELD AND DEHESA?
A.: NO, I DO NOT.
Q.: THE CANYON THAT WE’RE TALKING ABOUT THERE, THE RECOVERY SITE, IT IS A CANYON OR A VALLEY RUNNING THROUGH THERE.
A.: YES.
Q.: WHICH DIRECTION TO WHICH DIRECTION?
A.: RELATIVELY EAST TO WEST.
Q.: ARE THERE MOUNTAINS AROUND IT?
A.: HILLS, MOUNTAINS, YES.
Q.: HOW HIGH?
A.: I DON’T KNOW.
Q.: BASICALLY THE RECOVERY SITE AS YOU HAVE DEPICTED THERE IS PRETTY MUCH ON THE EASTERN SIDE OF THESE HILLS OR MOUNTAINS THAT ARE TO THE WEST OF THE RECOVERY SITE, ISN’T THAT CORRECT?
A.: SOUTH AND EAST, YES.
Q.: AND THE WIND WOULD HAVE TO COME DOWN THE LOWER PART OF THIS PHOTOGRAPH TO GET THROUGH THE VALLEY AND GOING EITHER EAST OR WEST.
A.: I DON’T KNOW ANYTHING ABOUT HOW THE WIND BLOWS IN THAT PARTICULAR AREA.
Q.: THE RECOVERY SITE, THOUGH, IS PROTECTED AWAY FROM THE WIND, THOUGH, COMING IN OFF THE OCEAN.
MR. FELDMAN: OBJECTION. CALLS FOR A CONCLUSION.
THE COURT: SUSTAINED.
BY MR. DUSEK:
Q.: WAS THERE ANY WIND WHEN YOU WERE THERE?
MR. FELDMAN: RELEVANCE. OBJECTION.
THE COURT: OVERRULED.
THE WITNESS: NOT THAT I NOTICED.
BY MR. DUSEK:
Q.: WERE YOU PAYING ATTENTION TO IT?
A.: NOT THAT — NO, I WAS NOT. IF IT WAS WINDY, I WOULD HAVE NOTICED IT. BUT NO.
Q.: THE PHOTOGRAPHS THAT YOU’VE USED ON EXHIBIT 173, HOW OLD ARE THEY?
A.: I’M NOT QUITE SURE. MAP BLAST, THE SOURCE, DOES NOT HAVE A DATE ON THAT. IN DRIVING OUT THERE, I CAN — OBVIOUSLY COMPARED WHAT I SAW TO WHAT I OBSERVED AT THE SCENE AND THE PHOTOGRAPHS, AND THERE WAS NO SUBSTANTIAL DIFFERENCE.
THERE IS FAIRLY NEW CONSTRUCTION IN THE NEIGHBORHOOD TO THE EAST OF THE SITE, A NEW HOUSE UP ON THE HILL THAT’S BEEN THERE I KNOW AT LEAST THREE, FOUR YEARS. AND THAT’S ALSO IN THE PHOTOGRAPH.
Q.: ONE HOUSE?
A.: ONE HOUSE THAT I KNOW OF.
Q.: WHAT’S THE ALTITUDE AT THE RECOVERY SITE?
A.: IT’S PRETTY FLAT. REMEMBERING THE TOPO. MAP, IT WAS RUNNING ALONG ABOUT THE SAME AS THE BENCH MARK, WHICH IS ABOUT 500, 503 FEET. THERE’S REALLY NO WAY FOR ME TO DETERMINE THE ACTUAL ALTITUDE, THOUGH.
Q.: WHERE IS GILLESPIE FIELD?
A.: GILLESPIE FIELD IS IN EL CAJON.
Q.: WHERE IS THE RECOVERY SITE?
A.: THAT’S IN UNINCORPORATED SAN DIEGO.
Q.: HOW CLOSE TO EL CAJON?
A.: I WOULD SAY IT’S PROBABLY ABOUT SEVEN TO EIGHT MILES.
Q.: BASICALLY EL CAJON IS JUST GOING WESTBOUND ON DEHESA ROAD A COUPLE MILES ‘TIL YOU GET TO THE OUTSKIRTS OF EL CAJON.
A.: THAT’S CORRECT.
Q.: GILLESPIE FIELD IS CLOSER TO THIS SITE THAN BROWN FIELD.
A.: YES, IT IS.
Q.: BROWN FIELD IS WHERE?
A.: BROWN FIELD IS NEAR THE BORDER, OTAY MESA.
Q.: AND HAVE YOU BEEN DOWN THERE?
A.: YES, I HAVE.
Q.: HOW FAR IS IT FROM THE OCEAN?
A.: CALCULATED GUESS, PERHAPS TWO MILES. POSSIBLY THREE.
Q.: AND THERE ARE NO HILLS, MOUNTAINS BLOCKING ANY OCEAN BREEZES COMING TO BROWN FIELD, IS THAT CORRECT?
MR. FELDMAN: CALLS FOR CONCLUSION. OBJECTION.
THE COURT: OVERRULED.
YOU CAN ANSWER THAT.
MR. FELDMAN: FOUNDATION.
THE COURT: OVERRULED.
THE WITNESS: NO. BROWN FIELD IS ON OTAY MESA, FLAT AREA. NO HILLS OBSTRUCTING.
BY MR. DUSEK:
Q.: SO THE OCEAN BREEZES COME IN AND CAN GET DIRECTLY TO BROWN FIELD?
A.: YES. I PRESUME SO.
MR. FELDMAN: SPECULATION, YOUR HONOR.
THE COURT: OVERRULED.
BY MR. DUSEK:
Q.: AND THE LOCATION THAT WE HAVE HERE AT THE RECOVERY SITE, — DO YOU KNOW WHERE MOUNT HELIX IS?
A.: YES, I DO.
Q.: HOW TALL IS MOUNT HELIX?
A.: I SEEM TO RECALL IT’S ABOUT 800 FEET. I LIVE ABOUT TWO MILES FROM THERE.
Q.: THE HILL REGION AROUND MOUNT HELIX BLOCKS OCEAN BREEZES COMING INTO THE EL CAJON VALLEY, DON’T THEY?
MR. FELDMAN: CONCLUSION. OBJECTION.
THE COURT: SUSTAINED.
BY MR. DUSEK:
Q.: DO YOU LIVE IN THAT AREA?
A.: YES, I DO.
Q.: WHICH SIDE OF MOUNT HELIX?
MR. FELDMAN: RELEVANCE.
THE WITNESS: SOUTHEAST.
THE COURT: OVERRULED.
THE ANSWER WILL STAND.
BY MR. DUSEK:
Q.: TYPICALLY THE EL CAJON VALLEY IS ONE OF THE HOTTER AREAS IN SAN DIEGO COUNTY, ISN’T IT?
A.: OH, YES.
Q.: AND IT’S KIND OF DOWN IN A BOWL, ISN’T IT, SURROUNDED BY THE HILLS?
A.: YES, IT IS.
Q.: AND IT GETS VERY LITTLE COOLING EFFECT FROM THE OCEAN.
A.: NOT NECESSARILY. THE OFFSHORE BREEZES WHEN THEY BLOW ARE NOT BLOCKED BY THE HILLS. THEY ARE PERHAPS TEMPERED BY DIRECT BLAST IN FROM THE SHORE, BUT IN EAST COUNTY YOU DO FEEL THE OFFSHORE BREEZES KICKING UP IN THE AFTERNOON ALMOST ON A DAILY BASIS.
Q.: OFFSHORE OR ONSHORE?
A.: OFFSHORE BREEZES COMING OFF THE SHORE.
Q.: THE OTHER DIAGRAM THAT YOU’VE PUT TOGETHER HERE FOR US WITH ALL THE COLOR SQUARES, I THINK YOU TOLD US THAT COMES FROM BROWN FIELD. IS THAT CORRECT?
A.: THAT’S CORRECT.
Q.: AND GILLESPIE FIELD IS A SIMILAR ARRANGEMENT, SIMILAR TYPE OF AIRPORT?
MR. FELDMAN: VAGUE AS TO THE TERM SIMILAR.
THE COURT: SUSTAINED.
REPHRASE IT, AND I WILL ALLOW THE AREA OF INQUIRY.
BY MR. DUSEK:
Q.: WHAT TYPE OF — DOWN AT BROWN FIELD, WHAT TYPE OF PLANES LAND DOWN THERE?
A.: I THINK SMALL PLANES, SIMILAR — I THINK WHERE YOU’RE GOING, SIMILAR AS GILLESPIE.
Q.: AND THEY HAVE WEATHER REPORTS AT GILLESPIE FIELD ALSO, DON’T THEY?
A.: THEY DO, BUT THEY ARE NOT AS COMPLETE AS BROWN FIELD.
Q.: DID YOU SEE THEM?
A.: YES, I DID.
Q.: WHERE ARE THEY?
A.: I SAW THEM ON THE WEB. AND I DON’T HAVE THEM WITH ME.
Q.: WHO GOT THE INFORMATION FOR BROWN FIELD?
A.: THAT WAS GIVEN TO ME BY COUNSEL.
Q.: SO SOMEBODY HAD ALREADY SELECTED BROWN FIELD TO USE FOR YOUR CHART?
A.: THAT’S CORRECT.
Q.: DID YOU COMPARE THE TEMPERATURES AT BROWN FIELD WITH GILLESPIE FIELD WHEN YOU PREPARED YOUR CHART?
A.: NOT WITH GILLESPIE FIELD, NO.
Q.: DID YOU COMPARE THEM WITH ANY OTHER LOCATIONS?
A.: YES, I DID.
Q.: WHERE?
A.: RANCHO SAN DIEGO.
Q.: DID YOU HAVE DAILY TEMPERATURES OR HOURLY TEMPERATURES FROM RANCHO SAN DIEGO?
A.: YES, I DO.
Q.: HOW FAR IS RANCHO SAN DIEGO FROM DEHESA?
A.: DIRECT FOUR MILES.
Q.: DID YOU PREPARE A CHART FOR RANCHO SAN DIEGO?
A.: YES, I DID.
Q.: WHERE IS THAT?
A.: I WAS ASKED NOT TO PREPARE IT. NOT TO FINISH THE CHART.
Q.: YOU WERE TOLD JUST TO DO THE ONE FOR BROWN FIELD?
A.: THAT’S CORRECT.
Q.: IS BROWN FIELD LOWER TEMPERATURES THAN THE NUMBERS YOU SAW AT RANCHO SAN DIEGO?
A.: THEY’RE RELATIVELY THE SAME. IN TERMS OF AN ANALYSIS, SOME TEMPERATURES WERE HIGHER, SOME TEMPERATURES WERE LOWER.
Q.: SO THEY WERE DIFFERENT TEMPERATURES FOUR MILES AWAY AT RANCHO SAN DIEGO?
A.: THAT’S CORRECT.
Q.: AND RANCHO SAN DIEGO IS IN THE SAME TOPOGRAPHICAL AREA WITH HILLS AND VALLEYS, ISN’T IT?
A.: IT IS. ALTHOUGH THAT PARTICULAR MONITORING STATION ACCORDING TO MY RESEARCH WAS ABOUT AT ELEVATION 375.
Q.: BUT FOR US TO KNOW WHETHER OR NOT ON FEBRUARY 3RD AT 2:00 O’CLOCK IN THE AFTERNOON THE CONTRARY TEMPERATURES BETWEEN THE TWO, WE WOULD HAVE TO HAVE BOTH INFORMATION IN FRONT OF US, WOULDN’T WE?
A.: YES.
Q.: AND YOU’VE ONLY BROUGHT US ONE.
A.: THAT’S CORRECT.
Q.: IS THERE A GOLF COURSE THERE BY DEHESA?
A.: YES, IT IS.
Q.: WHAT IS IT CALLED?
A.: SINGING HILLS.
Q.: GOLF COURSE SUPERINTENDENTS OR MAINTENANCE OF GOLF COURSES ARE DEPENDENT UPON WEATHER, AREN’T THEY?
A.: I’M NOT A GOLFER. I COULDN’T TELL YOU THAT.
Q.: FOR WATERING OR CARING FOR THE GREENS, THE FAIRWAYS, OR THE GRASS THERE, DEPENDENT UPON THE WEATHER TO KNOW HOW MUCH TO WATER, AREN’T THEY?
A.: FIRSTHAND KNOWLEDGE I WOULDN’T KNOW.
Q.: DID YOU EVER GO BY SINGING HILLS TO SEE IF THEY HAD ANY WEATHER INFORMATION FOR HIGHEST AND LOWEST OF A PERIOD OF TIME?
A.: NO, I DID NOT.
Q.: WE?
A.: NO. I SAID NO, I DID NOT.
Q.: DID YOU HAVE ANY WEATHER DATA FROM ANY OTHER WEATHER STATIONS?
MR. FELDMAN: SCOPE, YOUR HONOR.
THE COURT: OVERRULED.
YOU CAN ANSWER.
THE WITNESS: IN MY INVESTIGATION I LOOKED AT GILLESPIE FIELD SLASH SANTEE, MONTGOMERY FIELD, AND LINDBERG FIELD.
BY MR. DUSEK:
Q.: WHEN YOU SAY THERE WAS A SLASH IN THERE, WHAT WAS THE SLASH?
A.: WELL, GILLESPIE FIELD IS ON THE NATIONAL WEATHER SERVICE IS CALLED SANTEE. THOSE OF US WHO LIVE OUT THERE BASICALLY CALL IT EL CAJON. I THINK BECAUSE SANTEE TOOK OVER PART OF EL CAJON AT ONE POINT AND GILLESPIE FIELD WAS PROBABLY PART OF THAT.
Q.: SO THE INFORMATION YOU HAVE THAT YOU TALKED ABOUT FROM GILLESPIE FIELD WOULD BE THE SAME AS FROM SANTEE?
A.: THAT WOULD BE CORRECT.
Q.: AND THAT HAD SOME HOURLY RATES?
A.: IT DID. ALTHOUGH IT WAS LIMITED TO MAYBE, OH, ON THE OUTSIDE, 6:00 IN THE MORNING ‘TIL ABOUT 10:00 AT NIGHT.
Q.: YOU ALSO HAD MONTGOMERY FIELD.
A.: YES.
Q.: WHERE’S THAT?
A.: IT’S IN KEARNY MESA.
Q.: AND YOU HAD LINDBERG FIELD ALSO?
A.: YES.
Q.: WHICH ONE OF THOSE IS THE FURTHEST LOCATION FROM DEHESA OF ALL OF THESE THAT YOU LOOKED AT?
A.: LINDBERG FIELD.
Q.: WHICH IS THE NEXT FURTHEST?
A.: MONTGOMERY BY PERHAPS LESS THAN A HALF A MILE THAN BROWN FIELD.
Q.: AND SOMEONE TOLD YOU MAKE THIS CHART FOR BROWN FIELD?
A.: THAT’S CORRECT.
MR. DUSEK: THANK YOU, SIR.
THE COURT: ALL RIGHT.
ANYTHING FURTHER, MR. FELDMAN?

REDIRECT EXAMINATION
BY MR. FELDMAN:
Q.: SIR, ARE YOU A METEOROLOGIST?
A.: NO, I’M NOT.
Q.: I’M SORRY. IN THE PAST HAVE YOU EVER WORKED FOR MR. CLARKE, FOR INSTANCE, IN ANY CASE?
A.: YES, I HAVE.
Q.: WITH REGARD TO THE PREPARATION OF THE CHART, YOU WERE REQUESTED TO PREPARE A CHART THAT MOST PRECISELY IDENTIFIED THE ELEVATION BETWEEN THE RECOVERY SITE AND A REPORTING STATION. THAT’S RIGHT, ISN’T IT?
A.: THAT’S CORRECT.
Q.: THE DISTANCE ISSUE, THAT YOU DID NOT ADDRESS, IS THAT RIGHT?
A.: NOT WITH THIS CHART, NO.
Q.: WITH REGARD TO GILLESPIE FIELD, DO YOU REMEMBER WHAT THE HEIGHT AT GILLESPIE WAS?
A.: NO, I DO NOT.
Q.: WITH REGARD TO LINDBERG, THAT’S ABOUT SEA LEVEL, RIGHT?
A.: THAT’S CORRECT.
Q.: BUT YOU UNDERSTOOD WHAT WAS IMPORTANT IN THIS EVALUATION WAS BEING PRECISE WITH REGARD TO THE ELEVATION.
MR. DUSEK: OBJECTION. HEARSAY. LEADING.
THE COURT: SUSTAINED.
BY MR. FELDMAN:
Q.: WITH REGARD TO — YOU WERE JUST ASKED ABOUT GOLF COURSES IN THE AREA OF SINGING HILLS. THERE’S QUITE A FEW GOLF COURSES OUT THERE, AREN’T THERE?
A.: TWO THAT I KNOW OF.
Q.: AND THEY WATER THE GOLF COURSES, DON’T THEY?
A.: YES, THEY DO.
Q.: THEY KEEP THEM WET, DON’T THEY?
A.: KEEP THEM GREEN.
Q.: AND THAT KEEPS THE ANIMAL POPULATION UP, DOESN’T IT?
MR. DUSEK: OBJECTION. SPECULATION. NO FOUNDATION.
THE COURT: SUSTAINED. SUSTAINED.
BY MR. FELDMAN:
Q.: WITH REGARD TO I THINK YOU MENTIONED THE SANTEE WEATHER STATION, YOU COULD NOT GET OFFICIAL WEATHER REPORTS HOURLY, CORRECT?
A.: NOT FOR ALL TWENTY-FOUR HOURS PER DAY, THAT’S CORRECT.
Q.: WITH REGARD TO THE RANCHO SANTA FE ISSUE, THAT WAS A PRIVATE WEATHER STATION, WASN’T — IT WASN’T NATIONAL WEATHER SERVICE.
A.: FOR RANCHO SAN DIEGO.
Q.: I’M SORRY. RANCHO SAN DIEGO, YES.
A.: IT WAS LISTED ON THE WEB AS A PRIVATE — IN OTHER WORDS, IT WASN’T A NATIONAL WEATHER SERVICE STATION.
MR. FELDMAN: NO FURTHER QUESTIONS.
THE COURT: ALL RIGHT.
ANYTHING FURTHER?

RECROSS-EXAMINATION
BY MR. DUSEK:
Q.: WERE YOU TOLD TO CONCENTRATE ON ALTITUDE OR TRYING TO FIND A LOCATION THAT HAD THE CLOSEST TEMPERATURE TO DEHESA?
A.: I WAS TOLD BASICALLY IN WHICH CHART TO PRODUCE TO CHOOSE THE LOCATION THAT WAS AT APPROXIMATED ELEVATION AS THE MORE IMPORTANT VARIABLE.
Q.: SO WHETHER OR NOT THAT ELEVATION HAD THE SAME TEMPERATURE WAS OF NO IMPORTANCE TO YOU WHEN YOU WERE PREPARING YOUR CHART?
A.: WHEN I WAS PREPARING THE CHART, I DIDN’T REALLY CARE WHAT THE TEMPERATURES WERE. I MEAN WHEN I PREPARED THE CHART, I WAS JUST GOING BY WHAT THE FACTS WERE.
IN TERMS OF THE SELECTION OF THE PARTICULAR WEATHER STATION AS REPRESENTED ON THE CHART, COUNSEL BASICALLY TOLD ME THE MORE IMPORTANT ISSUE IS ELEVATION. SO THAT’S WHAT WE’RE GOING TO GO WITH.
Q.: THE ATTORNEYS TOLD YOU ELEVATION AS TO WHAT TO FOCUS ON AND YOU DID WHAT HE TOLD YOU.
A.: THAT’S CORRECT.
MR. DUSEK: THANK YOU.

FURTHER REDIRECT EXAMINATION
BY MR. FELDMAN:
Q.: OF COURSE YOU DON’T KNOW WHETHER THE SOURCE OF THAT INFORMATION WAS —
MR. DUSEK: OBJECTION. LEADING.
BY MR. FELDMAN:
Q.: — THE FORENSIC ENTOMOLOGIST.
THE COURT: JUST A MINUTE.
THE COUCHING OF THE QUESTION IS LEADING. REPHRASE IT, AND I’LL ALLOW THE AREA OF INQUIRY.
BY MR. FELDMAN:
Q.: YOU DON’T KNOW WHETHER OR NOT THE REQUEST TO IDENTIFY ALTITUDE AS THE PRIMARY CONSIDERATION, THAT THAT SOURCED FROM A BOARD-CERTIFIED DIPLOMATE IN FORENSIC ENTOMOLOGY.
MR. DUSEK: OBJECTION. LEADING. HEARSAY.
THE COURT: JUST REPHRASE IT AGAIN, MR. FELDMAN.
BY MR. FELDMAN:
Q.: DO YOU KNOW WHETHER OR NOT THE DECISION TO USE ALTITUDE WAS MADE BY A BOARD-CERTIFIED FORENSIC ENTOMOLOGIST?
A.: YES, I DO.
Q.: WAS IT?
MR. DUSEK: OBJECTION. HEARSAY.
THE COURT: UNLESS IT’S OF YOUR OWN PERSONAL KNOWLEDGE, SIR, YOU MAY NOT ANSWER. IS IT OF YOUR OWN PERSONAL KNOWLEDGE?
THE WITNESS: YES, IT IS.
THE COURT: YOU MAY ANSWER.
THE WITNESS: YES.
MR. FELDMAN: NO FURTHER QUESTIONS.
THE COURT: ANYTHING FURTHER?
MR. DUSEK: NO, YOUR HONOR.
THE COURT: ALL RIGHT.
IS THIS WITNESS TO BE EXCUSED?
MR. FELDMAN: THANK YOU, YES.
THE COURT: ANY REASON NOT TO EXCUSE HIM?
MR. DUSEK: THAT’S FINE.
THE COURT: ALL RIGHT.
THANK YOU, SIR, FOR COMING IN. PLEASE REMEMBER YOU’RE UNDER AN ADMONITION NOT TO DISCUSS YOUR TESTIMONY WITH ANYONE UNTIL THE MATTER IS CONCLUDED.
THE WITNESS: THANK YOU.
THE COURT: THANK YOU.
(THE WITNESS WAS EXCUSED.)
MR. FELDMAN: YOUR HONOR, I’M SORRY.
NEAL HASKELL.
(PAUSE.)

NEAL HASKELL,
CALLED AS A WITNESS BY THE DEFENDANT, HAVING BEEN DULY SWORN, TESTIFIED AS FOLLOWS:
THE CLERK: SIR, WOULD YOU PLEASE STATE YOUR NAME AND SPELL IT FOR THE RECORD.
THE WITNESS: NEAL HASKELL. IT’S N-E-A-L H-A-S-K-E-L-L.

DIRECT EXAMINATION
BY MR. FELDMAN:
Q.: SIR, WHAT IS YOUR PRESENT OCCUPATION?
A.: I’M A PROFESSOR OF FORENSIC SCIENCE IN BIOLOGY. I’M ALSO A FORENSIC ENTOMOLOGY CONSULTANT.
Q.: CAN YOU TELL US, PLEASE, WHAT IS A FORENSIC ENTOMOLOGY CONSULTANT.
A.: A FORENSIC ENTOMOLOGY CONSULTANT, OF COURSE, IS INVOLVED WITH ENTOMOLOGY OR INSECTS. AND WE TAKE THAT ONE STEP FURTHER FOR EVIDENCE THAT IS INTRODUCED INTO COURTS OF LAW IN AN ENTOMOLOGICAL SENSE.
Q.: YOU’RE USING THE WORD ENTOMOLOGICAL SENSE. YOU MEAN IN A BUG SENSE?
A.: IN A BUG SENSE, YES.
Q.: CAN YOU TELL US, PLEASE, WHAT ARE YOUR EDUCATIONAL QUALIFICATIONS.
A.: I RECEIVED A BACHELOR OF SCIENCE DEGREE IN ENTOMOLOGY FROM PURDUE UNIVERSITY IN 1969. I THEN WENT ON IN 1989 AND RECEIVED A MASTER OF SCIENCE DEGREE IN FORENSIC ENTOMOLOGY. THE FIRST — THIS WAS THE FIRST COURSE OF STUDY OR PLAN OF STUDY IN GRADUATE TRAINING THAT FOCUSED SPECIFICALLY ON FORENSIC ENTOMOLOGY. AND TAKING COURSES AND CURRICULA THAT WOULD PREPARE ME TO UNDERSTAND HUMAN DEATH, DECOMPOSITION, AND THE INSECTS THAT WOULD COME INTO THAT.
I THEN COMPLETED MY DOCTOR OF PHILOSOPHY DEGREE, MY PH. D., IN 1993, ALSO FOCUSING ON FORENSIC ENTOMOLOGY. AND AGAIN, AS FAR AS I KNOW, THIS IS THE FIRST CURRICULUM DIRECTION, PLAN OF STUDY IN FORENSIC ENTOMOLOGY.
SOME OF THE COURSE WORK IN THAT INCLUDED TAKING COURSES WITH THE MEDICAL STUDENTS AT THE INDIANA UNIVERSITY MEDICAL SCHOOL. I TOOK PATHOLOGY, HISTOLOGY, AND THEN I TRAINED WITH THE FORENSIC PATHOLOGIST AT THE INDIANA UNIVERSITY MORGUE IN INDIANAPOLIS, WHERE I HAD AN OPPORTUNITY TO SPEND ABOUT A YEAR, OVER A YEAR PERIOD HELPING ASSIST — WE CALL THEM DEANERS — AT AUTOPSY, WHERE I WOULD ASSIST WITH THE COMPLETION OF AUTOPSIES SO THAT AGAIN I WOULD UNDERSTAND NOT ONLY THE DECOMPOSED BODIES BUT FRESH BODIES AS WELL. AND —
Q.: SIR, I’M SORRY. PARDON ME. YOU USED THE WORD DEANER.
A.: DEANER. YEAH. RIGHT. THAT MEANS — IT’S A TERM THAT REFERS TO AN ASSISTANT TO THE FORENSIC PATHOLOGIST DOING THE AUTOPSY. IN OTHER WORDS, YOU MAY — A DEANER MAY BEGIN THE AUTOPSY PROCESS BY DOING THE INITIAL INCISIONS AND SO FORTH ON THE BODY AND EXTRACTING CERTAIN ORGANS.
Q.: DR. HASKELL, HAVE YOU LECTURED OR TAUGHT ON THE SUBJECT OF ENTOMOLOGY, FORENSIC SCIENCE, OR FORENSIC ENTOMOLOGY?
A.: YES, I HAVE. EXTENSIVELY.
Q.: CAN YOU TELL US WHERE, FOR INSTANCE.
A.: I’VE DONE APPROXIMATELY THREE HUNDRED REGIONAL, NATIONAL, INTERNATIONAL LECTURES, WORKSHOPS, AND SYMPOSIA AROUND THE WORLD LITERALLY ON FORENSIC ENTOMOLOGY. A LOT OF MY TIME IS SPENT TRAINING LAW ENFORCEMENT OFFICERS AND MEDICAL EXAMINERS AND CORONERS THE UTILITY AND USEFULNESS OF FORENSIC ENTOMOLOGY, THE EVIDENCE THAT WE FIND THERE, AND ALSO HOW TO PROPERLY COLLECT AND THEN PRESERVE AND SHIP THIS EVIDENCE, PROPERLY SHIPPED AND PRESERVED, TO A QUALIFIED FORENSIC ENTOMOLOGIST.
ALSO A LOT OF THE PRESENTATIONS HAVE BEEN DEALING WITH RESEARCH THAT I’VE DONE, MY COLLEAGUES AND I HAVE DONE OVER THE PAST FOR ME EIGHTEEN YEARS ON DECOMPOSITION AND ON THE INSECTS THAT RESPOND TO THE PROCESS OF DECOMPOSITION.
Q.: HAVE YOU TAKEN ANY EDUCATIONAL STUDIES IN THE AREA OF DECOMPOSITION STUDIES?
A.: WITH RESPECT TO THE EDUCATION IN DECOMPOSITION AND THE INSECTS THAT ARE INVOLVED WITH THAT, OF COURSE RESEARCH CONDUCTED AT THE UNIVERSITY OF TENNESSEE ANTHROPOLOGICAL RESEARCH FACILITY. MY FIRST STUDY THERE WAS IN 1989, WAS FUNDED BY THE NATIONAL INSTITUTE OF JUSTICE, WHERE THE JUSTICE DEPARTMENT FELT THAT AN UNDERSTANDING OF THE INTERACTION BETWEEN THE INSECTS AND HUMANS AND INSECTS AND PIGS BE STUDIED.
NOW, THE IMPORTANCE OF THAT IS IF WE WANT TO DO A DECOMPOSITIONAL STUDY, SAY, FOR INSTANCE, IN INDIANA, TO GET A HUMAN BODY TO DO THAT WOULD BE IMPOSSIBLE. BUT IF WE HAD A SURROGATE, A MODEL, TO USE INSTEAD OF THE HUMAN THAT WOULD BRING IN THE SAME INSECTS AS THE HUMAN IN THE SAME SEQUENCE THAT THOSE INSECTS WOULD APPEAR OVER THE DECOMPOSITIONAL PROCESS, THEN THAT WOULD BE A VERY GOOD THING TO KNOW. AND SO THROUGH THE LAST, OH, OVER THE LAST THIRTY, FORTY YEARS, DIFFERENT ANIMALS HAVE BEEN USED FOR THESE STUDIES. AND WE SETTLED ON THE DOMESTIC PIG ‘CAUSE IT IS VERY SIMILAR IN PHYSIOLOGY AND ANATOMY AS HUMANS, AND THEY’RE READILY AVAILABLE, INEXPENSIVE, AND USUALLY MOST EVERYBODY WILL EAT BOB EVANS SAUSAGE ONCE IN A WHILE, SO WE DIDN’T HAVE A PROBLEM WITH THE ANIMAL RIGHTS GROUPS QUITE SO READILY.
Q.: SIR, HAVE YOU WRITTEN ANY SCHOLARLY WORKS OR PUBLICATIONS?
A.: YES. A NUMBER OF THOSE. BOTH PEER-REVIEWED AND A NUMBER OF BOOK CHAPTERS. AGAIN, I’VE REALLY FOCUSED MY ATTENTION ON OR FOCUSED MY TIME, CONSIDERABLE TIME, ON TRAINING AND GETTING INFORMATION OUT TO LAW ENFORCEMENT, MEDICAL EXAMINERS, AND THE MEDICAL COMMUNITY, FORENSIC COMMUNITY. SO I’VE GONE — A NUMBER OF PEER-REVIEWED ARTICLES ON RESEARCH AND SO FORTH.
I’VE ALSO CONTRIBUTED A NUMBER OF CHAPTERS TO THE LEADING FORENSIC SCHOLARLY WORKS THAT ARE USED AS REFERENCE BOOKS AND TRAINING MANUALS FOR THE FORENSIC ENTOMOLOGY. OUR PRIMARY FORENSIC ENTOMOLOGY HOW-TO MANUAL, IF YOU WILL.
MR. DUSEK: OBJECTION. NARRATIVE.
THE COURT: IT’S BECOMING NARRATIVE.
BY MR. FELDMAN:
Q.: SIR, ARE YOU INVOLVED IN ANY PROFESSIONAL ASSOCIATIONS OR ORGANIZATIONS?
A.: YES, I AM.
Q.: PLEASE.
A.: I’M A DIPLOMATE OF THE AMERICAN BOARD OF FORENSIC ENTOMOLOGY.
Q.: WHAT IS THAT? I’M SORRY. YOU’RE TALKING PRETTY QUICK TODAY.
A.: OKAY.
Q.: YOU SAID YOU WERE A DIPLOMATE. COULD YOU TELL US WHAT DOES THAT MEAN.
A.: AS I SAID, I’M A DIPLOMATE OF THE AMERICAN BOARD OF FORENSIC ENTOMOLOGY, AND THAT MEANS THAT I HAVE BEEN BOARD-CERTIFIED UNDER THAT ORGANIZATION.
Q.: WHAT DOES IT MEAN TO BE BOARD-CERTIFIED, SIR?
A.: BOARD-CERTIFIED MEANS THAT YOUR CREDENTIALS, YOUR EDUCATION, YOUR EXPERIENCE, YOUR EXPERTISE HAS BEEN REVIEWED BY A BOARD, AND THEN YOU HAVE BEEN DEEMED TO BE QUALIFIED TO — QUALIFIED TO RENDER OPINIONS AND SO FORTH IN THAT FIELD.
Q.: HAVE YOU BEEN INVOLVED IN ANY EDUCATIONAL T.V. PROGRAMS, FOR INSTANCE, SIR?
A.: YES. A NUMBER OF T.V. PROGRAMS ON MOST OF THE MAJOR CHANNELS ON CABLE, INCLUDING I JUST FINISHED FILMING A SPECIAL FOR “THE HISTORY CHANNEL.” AND I WAS ASKING THE PRODUCER I DIDN’T KNOW “THE HISTORY CHANNEL” WAS INTO THAT. AND THEY SAID ALL THE OTHER —
MR. DUSEK: OBJECTION. HEARSAY. NARRATIVE.
THE COURT: IT’S BECOMING NARRATIVE.
NEXT QUESTION, PLEASE, MR. FELDMAN.
BY MR. FELDMAN:
Q.: SIR, HAVE YOU EVER WORKED ON DEATH INVESTIGATION CASES THAT HAVE HAD ENTOMOLOGIC EVIDENCE ASSOCIATED WITH THEM?
A.: YES, I HAVE. A NUMBER.
Q.: APPROXIMATELY HOW MANY STATES?
A.: WORKED ON ABOUT PROBABLY FORTY-FOUR STATES, THEREABOUTS, AND TWO PROVINCES OF CANADA, MEXICO, BELISE IN SOUTH AMERICA, AND GERMANY.
Q.: DO YOU PRIMARILY WORK AS A PROSECUTION EXPERT OR DEFENSE EXPERT? HOW DOES THAT GO, SIR?
A.: THE MAJORITY OF MY WORK DUE TO THE FACT WHEN YOU FIND A BODY THE LAW ENFORCEMENT AGENCY WILL CALL ME OR THE PROSECUTOR WILL CALL ME IN, AND IT WILL BE PRIMARILY ON THE LAW ENFORCEMENT SIDE.
Q.: AND WHAT LAW ENFORCEMENT AGENCIES HAVE YOU WORKED FOR, SIR?
A.: LITERALLY HUNDREDS ACROSS THE UNITED STATES, INCLUDING THE FEDERAL BUREAU OF INVESTIGATION. I’M ALSO THE CHIEF FORENSIC ENTOMOLOGY CONSULTANT FOR ONTARIO, CANADA. I’VE WORKED WITH ANY NUMBER OF COUNTY SHERIFFS DEPARTMENTS, MEDICAL EXAMINERS OFFICES, AND CORONERS OFFICES IN ALL THOSE STATES THAT I MENTIONED.
Q.: NOW, WHAT DOES A FORENSIC ENTOMOLOGY CONSULTANT DO WITH REGARD TO BEING CALLED IN ON A CASE?
A.: THE FORENSIC ENTOMOLOGIST IS CONCERNED WITH OBTAINING ENTOMOLOGICAL EVIDENCE IN THE CASE, AND THE ENTOMOLOGIST CAN PROVIDE TIME OF DEATH, THEY CAN PROVIDE — OR THE POST-MORTEM INTERVAL. THEY CAN PROVIDE LOCATION OF DEATH. THEY MAY BE ABLE TO PROVIDE KNOWLEDGE AS TO WHERE TRAUMA OCCURRED ON THE REMAINS AND ALSO PROVIDE TOXICOLOGICAL STUDIES OR TOXICOLOGY WHEN THE HUMAN BODY IS DECOMPOSED TOO BADLY TO DO THOSE STUDIES.
Q.: IS IT FAIR TO SAY, THEN, MOST OF YOUR WORK DEALS OR RELATES WITH EVALUATION OF POST-MORTEM INTERVAL?
A.: YES, IT IS.
Q.: AND AS PART OF THAT EVALUATION PROCESS, HAVE YOU RECEIVED TRAINING, FOR INSTANCE, IN THE AREA OF WEATHER OR CLIMATOLOGY?
A.: YES. PART OF MY GRADUATE STUDY AND MASTER’S AND
PH. D. INVOLVED INTENSIVE TRAINING IN CLIMATOLOGY, BIOMETEOROLOGY, AND STATISTICAL CLIMATOLOGY.
Q.: AND THE REASON FOR THAT TRAINING?
A.: OBVIOUSLY SINCE THE INSECTS ARE COLD-BLOODED CREATURES, THEIR GROWTH AND DEVELOPMENT IS GOING TO BE CONTROLLED AND DIRECTED BY THE TEMPERATURE PRIMARILY.
Q.: WHAT IS THE POST-MORTEM INTERVAL?
A.: THE POST-MORTEM INTERVAL IS NOTHING MORE THAN THE TIME WHEN THE PERSON HAS DIED UNTIL THE TIME THE PERSON IS FOUND.
Q.: NOW, SIR, IN THIS CASE WERE YOU PROVIDED WITH CERTAIN INFORMATION TO REVIEW?
A.: YES, I WAS.
Q.: CAN YOU TELL US WHAT DID YOU REVIEW.
A.: SOME OF THE MATERIAL THAT I REVIEWED INCLUDED THE — OF COURSE THE INSECT EVIDENCE THAT DAVID FAULKNER HAD COLLECTED FROM THE REMAINS AT AUTOPSY AND I BELIEVE FROM THE SCENE. IT INCLUDED CLIMATOLOGICAL DATA FROM BROWN FIELD HERE IN THE COUNTY. IT INCLUDED THE AUTOPSY AND SCENE PHOTOGRAPHS. IT INCLUDED THE AUTOPSY REPORT. WE HAD SEVERAL CRIME SCENE NARRATIVES AND REPORTS THAT I STUDIED. I STUDIED DAVID FAULKNER’S TRANSCRIPT FROM HIS TESTIMONY. AND I VISITED THE SCENE YESTERDAY.
Q.: AS A RESULT OF YOUR INVESTIGATION AND EVALUATION IN THE CASE, WERE YOU ABLE TO FORM AN OPINION AS TO WHAT THE POST-MORTEM INTERVAL WAS?
A.: YES, I WAS.
Q.: CAN YOU TELL US WHAT THAT OPINION IS, PLEASE.
A.: WITH A REASONABLE DEGREE OF SCIENTIFIC CERTAINTY, I CONCLUDED THAT THE COLONIZATION, TIME OF COLONIZATION FOR THE DECEDENT WOULD BE FROM THE 14TH OF FEBRUARY THROUGH THE 21ST OF FEBRUARY.
Q.: NOW, YOU JUST SAID THE TIME OF COLONIZATION FOR THE DECEDENT WOULD HAVE BEEN THE 14TH OF FEBRUARY. WHAT DOES THAT MEAN
A.: COLONIZATION, I’M REFERRING TO COLONIZATION TO MEAN THE TIME AT WHICH FLIES, PRIMARILY THE BLOW FLIES, AND THAT’S WHAT I’M USING AS A PRIMARY INDICATOR SPECIES OR GROUP OF SPECIES, CAME IN AND FOUND THE REMAINS AND LAID THEIR EGGS ON THOSE REMAINS.
Q.: SO YOU THINK THE EARLIEST DATE WAS THE 14TH, IS THAT YOUR OPINION?
A.: THAT’S CORRECT.
Q.: COULD IT HAVE BEEN THE 13TH?
A.: THERE IS A POSSIBILITY, BUT NOT LIKELY.
Q.: COULD IT HAVE BEEN THE 12TH?
A.: THERE’S AGAIN A POSSIBILITY ON THE 12TH DUE TO THE VARIABILITY IN FACTORS, BUT NOT LIKELY.
Q.: COULD IT HAVE BEEN THE 11TH?
A.: NO.
Q.: THE 10TH?
A.: NO.
Q.: 9TH?
A.: NO.
Q.: THE 8TH?
A.: NO.
Q.: 7TH
A.: NO.
Q.: 6TH?
A.: NO.
Q.: OR THE 5TH?
A.: NO.
Q.: YOU DISCUSSED SOME OF THE FLIES, SOME OF THE INSECTS THAT WERE PROVIDED TO YOU THROUGH MR. FAULKNER. I HAVE A COUPLE OF BOARDS — I’M SORRY. IS YOUR TESTIMONY — DOES THAT INDICATE THAT THE BODY WAS NOT AVAILABLE FOR COLONIZATION?
A.: THAT’S CORRECT. THE BODY, IN MY OPINION, THE BODY WOULD NOT HAVE BEEN THERE ON THOSE DATES PRIOR TO MOST LIKELY THE 14TH, POSSIBLY AS EARLY AS THE 12TH.
Q.: AND, OF COURSE, YOU REVIEWED DOCTOR — MR. FAULKNER’S REPORT AND YOU READ HIS TESTIMONY. YOUR OPINION BASICALLY IS ESSENTIALLY CONSISTENT WITH HIS, IS THAT A FAIR STATEMENT?
A.: YES, IT IS.
Q.: YOU TOLD US THAT YOU EVALUATED SOME OF THE BUGS IN THE CASE. I HAVE HAD MARKED TWO CHARTS. FIRST SHOWING YOU WHAT’S BEEN PREVIOUSLY MARKED 177. CAN YOU TELL US, PLEASE, WHAT DOES 177 DEPICT?
A.: IT’S DEPICTING A NUMBER OF THE FLIES THAT WERE RECOVERED FROM THE REMAINS IN EITHER LARVAL FORM OR SOME ADULTS THAT WERE RECOVERED.
(CHART MARKED TRIAL EXHIBIT NUMBER 177 FOR
IDENTIFICATION.)
BY MR. FELDMAN:
Q.: WHAT KIND OF FLIES; WHAT ARE THESE KIND OF FLIES; WHAT ARE DEPICTED IN 177?
A.: WE’RE SHOWING OUR — IF I COULD.
Q.: PLEASE.
A.: I GUESS I DON’T NEED THAT. I CAN REACH IT.
OUR CALLIPHORIDAE IS A FAMILY KNOWN AS THE BLOW FLIES, AND YOU CAN EASILY RECOGNIZE THE BLOW FLIES BY THEIR VERY COLORFUL METALLIC COLORATION, A BRIGHT METALLIC GREEN AS WE SEE IN THIS PARTICULAR SPECIES, OR SOME OTHER METALLIC COLORS AS WE SEE IN THESE TWO. THESE ARE OUR — GOING TO BE OUR PRIMARY INDICATOR SPECIES THAT WE’RE WORKING WITH. SO WE HAVE A SARCOPHAGA FLY WHICH LOOKS LIKE A BIG HOUSE FLY, BUT DUE TO THE NATURE OF THE IDENTIFICATION, PROBLEM WITH IDENTIFICATION, THE SPECIES, AND THE LESSER KNOWLEDGE ON THE GROWTH DEVELOPMENT OF A NUMBER OF SPECIES OF THIS ONE, IT WAS NOT MY PRIMARY. THESE THREE ARE MY PRIMARY INDICATOR SPECIES. THESE OTHER TWO FLIES WERE PRESENT AND PROVIDED SOME OVER-ALL ESTIMATIONS BUT NOT THE PRECISION THAT I RELIED ON FOR THE ESTIMATE THAT I GAVE YOU. THESE THREE SPECIES IN THE LARVAL STAGES IS WHAT I RELIED ON.
Q.: NOW, WE ARE ON A RECORD. WHEN YOU SAY THESE THREE, YOU ARE REFERRING TO THE BLACK BLOW FLY, THE BLUE BOTTLE FLY, AND THE GREEN BOTTLE FLY, IS THAT RIGHT, SIR?

A.: YES. THOSE ARE THE THREE. THE BLUE BOTTLE FLY IS A SPECIES EUCALLIPHORA LILAEA, AND THE GREEN BOTTLE FLY WOULD BE THE SPECIES PHAENICIA SERICATA.
Q.: DONE WITH THE CHART?
A.: YES.
Q.: YOU WERE ALSO PROVIDED OTHER INSECTS, INCLUDING BEETLES. I’VE HAD MARKED 178, ANOTHER CHART. I’M NOT EVEN GOING TO TRY THE PRONUNCIATION.
A.: THAT’S ALL RIGHT.
(CHART MARKED TRIAL EXHIBIT NUMBER 178 FOR
IDENTIFICATION.)
BY MR. FELDMAN:
Q.: COULD YOU PLEASE TELL US, SIR, WHAT DOES 178 DEPICT.
A.: THIS IS THE ARRAY OF BEETLES OR COLEOPTERA THAT WERE FOUND WITH THE REMAINS. I BELIEVE THE MAJORITY OF THESE WERE COLLECTED ON THE BODY AT AUTOPSY. AND WHAT IT SHOWS IS A NUMBER OF BEETLES THAT I WOULD EXPECT TO FIND ON A BODY GIVEN THE FIRST FEW DAYS OUT TO A COUPLE WEEKS.
NOW, THE PRECISION THAT I HAD WITH THE FLIES IS NOT FOUND WITH PARTICULARLY THE ADULT BEETLES. WE WOULD NEED TO HAVE BEETLE LARVAE THEN TO CONTINUE OUR ASSESSMENT BASED ON A DEFINITE TIME PERIOD AND SEQUENCE.
Q.: I THINK YOU JUST STARTED TO DESCRIBE WHAT I WILL CHARACTERIZE AS THE DEVELOPMENT CYCLE OF THE BLOW FLY.
I’M SORRY. WE DON’T HAVE A CHART ON THAT ONE.
MR. FELDMAN: I WOULD ASK TO HAVE MARKED, YOUR HONOR, NEXT IN ORDER —
THE COURT: WHAT NUMBER ARE WE AT?
THE CLERK: 186.
THE COURT: ALL 186.
(DISCUSSION OFF THE RECORD BETWEEN MR. FELDMAN
AND MR. BOYCE.)
MR. FELDMAN: OH. ON SECOND THOUGHT. . .
THE COURT: DISREGARD THAT.
THE WITNESS: THAT WILL WORK.
MR. FELDMAN: NEVER MIND.
THE WITNESS: THAT WILL WORK EVEN BETTER.
MR. FELDMAN: YOU CAN JUST LEAVE IT THERE.
BY MR. FELDMAN:
Q.: I WOULD LIKE TO DIRECT YOUR ATTENTION TO WHAT’S BEEN PREVIOUSLY MARKED 175. YOU WERE USING SOME TERMS WITH REGARD TO THE EVOLUTIONARY CYCLE OF THE BLOW FLY. COULD YOU PLEASE EXPLAIN TO THE JURY WHAT WE’RE TALKING ABOUT.
A.: ALL THREE OF THE DIFFERENT BLOW FLIES SPECIES WILL HAVE IDENTICAL STAGES OF THEIR DEVELOPMENT. THE MOTHER FLY OF ANY OF THE THREE SPECIES WILL BE OUT SEARCHING FOR A PLACE THAT SHE CAN DEPOSIT HER EGGS FOR THE NEXT GENERATION. SHE WANTS TO — MOTHER FLY WANTS TO MAKE SURE THAT HER NEXT GENERATION SURVIVES. SO SHE, BEING KEYED IN TO SPECIFICALLY DEAD ANIMALS, WHETHER IT’S HUMANS OR WHETHER IT’S A RACCOON, WHETHER IT’S DEAD DOGS, THESE BLOW FLIES ARE VERY, VERY SPECIFIC TO DEAD, DECOMPOSING ANIMALS. AND THAT IS THEIR PRIMARY FOOD RESOURCE FOR THEIR BABIES. THE EGGS AND THE MAGGOTS ARE NOTHING MORE THAN BABY FLIES SO WE DON’T GET CONFUSED THERE.
AND SO WHEN THE MOTHER FLY’S OUT FLYING AND FINDS A SUITABLE RESOURCE, SHE WILL THEN BEGIN TO — IT MAY TAKE A FEW MINUTES TO AN HOUR OR TWO TO DECIDE, WELL, THIS IS REALLY WHERE I WANT TO LEAVE MY NEXT GENERATION. SO SHE BEGINS TO DEPOSIT EGGS. THOSE EGGS WILL GROW AND DEVELOP INTO MATURE EGGS. AND EVENTUALLY A FIRST STAGE OR INSTAR — INSTAR MEANS STAGE, NOTHING MORE THAN STAGE. SO DEVELOPMENT INTO FIRST-STAGE MAGGOT. THAT MAGGOT WILL GROW AND ENLARGE ONLY SO MUCH BECAUSE THE INSECTS HAVE THIS OUTSIDE SKELETON OR OUTSIDE SHELL, IT’S CALLED AN EXOSKELETON, BUT IT’S NOTHING MORE THAN AN OUTSIDE SHELL THAT CAN ONLY EXPAND AND GROW SO MUCH, AND THEN IT HAS TO SPLIT OPEN AND FORM A NEW SHELL SO THAT IT CAN CONTINUE TO GROW.
SO WE HAVE — WHEN THEY SPLIT OPEN, IT’S CALLED MOLTING. THEY MOLT. AND SO THE FIRST-STAGE MAGGOT CAN ONLY GROW SO MUCH. THEN IT HAS TO MOLT. AND IT WILL THEN FORM THE SECOND INSTAR STAGE MAGGOT. THAT MAGGOT WILL CONTINUE TO GROW AND DEVELOP AND FEED, AND THROUGH THE MAGGOT STAGES EXTENSIVE FEEDING TAKES PLACE, VERY RAVENOUS FEEDING WHEN WE GET TO THE THIRD STAGE. AND, LIKEWISE, WE GET TO A THIRD-STAGE MAGGOT, THE SECOND-STAGE MAGGOT HAS ALREADY GROWN TO ITS FULL DIMENSIONS, THEN IT HAS TO — IT SPLITS AND FORMS THE THIRD-STAGE MAGGOT.
IT’S AT THIS STAGE, AS I SAID, WHERE THE RAVENOUS FEEDING TAKES PLACE.
(CHART MARKED TRIAL EXHIBIT NUMBER 175 FOR
IDENTIFICATION.)
BY MR. FELDMAN:
Q.: SIR, I’M SORRY. YOU SAID THIS STAGE AGAIN. AND WE’RE ON A RECORD. WHEN YOU SAY THIS STAGE, PLEASE, —
A.: OKAY. THE THIRD INSTAR LARVAL STAGE IS WHERE THIS TREMENDOUS GROWTH AND FEEDING TAKES PLACE. THERE IS SO MUCH METABOLISM GOING OUTSIDE OF THE BODY OF THE MAGGOTS WHEN THEY GET INTO THIS HUGE AGGREGATION OR WE CALL IT MAGGOT MASS WHERE WE HAVE BIG PILE OF MAGGOTS ON THE FOOD RESOURCE, THE MAGGOTS ARE ACTUALLY CREATING, GENERATING A LOT OF HEAT IN THE DIGESTION OF THE FOOD SOURCE, SO A LOT OF HEAT IS GENERATED. AND WITH THIS HEAT GENERATION THEY THEN AT THIS POINT CAN KIND OF CONTROL THEIR OWN ENVIRONMENT. SO PARTICULARLY IF IT GETS COOL, THE TEMPERATURES REMAIN HIGH SO THAT THEY CAN CONTINUE AGAIN THEIR GROWTH AND DEVELOPMENT. BECAUSE, AS I SAID, THIS WHOLE HOW FAST OR HOW SLOW THIS WHOLE THING WORKS IS DIRECTED BY TEMPERATURE.
SO WHEN THE MAGGOTS ARE IN THIS THIRD STAGE AND THEY GROW TO THEIR MAXIMUM LENGTH AND THEY’VE TAKEN IN ALL THE ENERGY THEY NEED, THEN IT’S JUST LIKE US GOING TO THE COUNTRY BUFFET, YOU KNOW, WE’VE TAKEN ENOUGH, WE’VE TAKEN IN ENOUGH, AND IT’S TIME TO GO HOME. THEY LEAVE THE FOOD. THEY LEAVE THE COUNTRY BUFFET, AND THEY GO INTO WHAT’S KNOWN AS A MIGRATING MAGGOT.
AT THAT POINT THEY LEAVE THE REMAINS. THEY’LL CRAWL OFF THE REMAINS. AND AT THIS POINT THEY’RE TRYING TO FIND A PROTECTED, SECLUDED SPOT WHERE THEY CAN THEN FORM THE PUPARIUM OR THE COCOON STAGE OF THE LIFE CYCLE.
NOW, THE MAGGOTS, I’VE DONE THE STUDIES AT THE BODY FARM IN TENNESSEE, —
MR. DUSEK: NARRATIVE, YOUR HONOR.
THE COURT: OVERRULED. HE’S EXPLAINING THE CHART.
YOU MAY CONTINUE, DOCTOR.
THE WITNESS: THANK YOU, YOUR HONOR.
THE MAGGOTS CAN MIGRATE GREAT DISTANCES, UP TO 150, 150 FEET AWAY FROM THE REMAINS. SO THEY WILL GO TO GREAT LENGTHS TO TRY TO GET INTO THE SOIL. THEY WILL GO UNDER LEAF LITTER, UNDER BOARDS IF THEY’RE LAYING ON THE GROUND, TO HAVE A PLACE OF PROTECTION AWAY FROM PREDATORS THAT ARE GOING TO TRY TO BE FINDING THEM AND EATING THEM OR USING THEIR — THE PUPARIAL STAGE IS A LITTLE WASP THAT WILL COME IN AND PARASITIZE THE PUPARIAL STAGE. SO THEY ARE LOOKING FOR A PLACE WHERE THEY HAVE A GREATER CHANCE TO SURVIVE. AND, AS I SAID, THEY MAY CRAWL A FEW INCHES OR A FEW FEET AWAY FROM THE REMAINS. THEY MAY CRAWL A GREAT DISTANCE, DEPENDING ON HOW HARD THE SOIL IS, HOW MUCH COVER WE HAVE ON THE GROUND THEY CAN GO INTO.
IN HOUSES WHEN WE HAVE THIS MIGRATION OCCURRING THEY’LL MIGRATE TO THE EDGE OF THE WALLS AND MANY TIMES I’VE HAD POLICE OFFICERS ASK ABOUT — THE PUPARIA LOOK A LOT LIKE RODENT DROPPINGS, AND THEY WILL FIND A LOT OF THESE IN THE HOUSE, AND THEY WILL ASK ABOUT WHAT THE LARGE RODENT POPULATION WAS. WELL, IT WASN’T THAT AT ALL. IT WAS THE FLIES OR MAGGOTS CRAWLING AWAY FROM THE REMAINS AND THEN FORMING THE PUPARIUM.
AFTER THEY FORM THE PUPARIUM, THEN AGAIN A PERIOD OF TIME WILL PASS, AND EVENTUALLY THEN THE NEW FLY, THE NEW EITHER MALE OR FEMALE FLY WILL HATCH OUT, AND IT WILL TAKE THREE OR FOUR DAYS AT 70 TO 80 DEGREES TO BECOME SEXUALLY MATURE. THEN THEY WILL MATE, AND THIS PROCESS WILL START ALL OVER AGAIN.
A MOTHER FLY, A MOTHER BLOW FLY, CAN LAY, OH, SOMEWHERE BETWEEN 250 AND 400 EGGS AT ANY GIVEN TIME OF HER LIFE CYCLE.
BY MR. FELDMAN:
Q.: SIR, WITH REGARD TO THESE BLOW FLIES, DO THEY HAVE A SENSE OF SMELL?
A.: THE BLOW FLIES HAVE A VERY ACUTE SENSE OF SMELL. THEY HAVE SUCH A GOOD SENSE OF SMELL THAT IT’S BEEN SHOWN IN RESEARCH DATA THAT BLOW FLIES HAVE BEEN ATTRACTED IN FROM OVER A MILE AND A HALF AWAY TO A CORPSE THAT YOU AND I STANDING NEXT TO CAN’T EVEN SMELL YET. THAT’S HOW KEEN THEIR SENSE OF SMELL IS.
Q.: DR. HASKELL, THERE’S AN ISSUE OR THERE MAY BE AN ISSUE WITH REGARD TO ELEVATION AND WEATHER. YOU FACTOR IN WHAT THE EXTERNAL TEMPERATURE IS IN FORMING OPINIONS AS TO THE POST-MORTEM INTERVAL, IS THAT RIGHT?
A.: THAT’S CALLED THE AMBIENT TEMPERATURE WE HAVE TO TAKE INTO CONSIDERATION. IN ADDITION TO THE METABOLIC TEMPERATURES WE SEE WITH THE MAGGOT MASS, WHEN THE MAGGOTS GET TO THE THIRD STAGE OF THEIR LIFE CYCLE.
Q.: AND WITH REGARD TO THE AMBIENT TEMPERATURES, IS ALTITUDE AN IMPORTANT CONSIDERATION?
A.: ALTITUDE WOULD BE ONE CONSIDERATION AS WELL AS A NUMBER OF OTHER FACTORS SUCH AS PROXIMITY, AND THEN POSSIBLY HERE IN SAN DIEGO WE HAVE A BIG BODY OF WATER, THE OCEAN, RIGHT NEXT TO IT. SO DISTANCE FROM THE EFFECTS OF THE WATER COULD BE AN IMPORTANT FACTOR TO CONSIDER TOO.
Q.: OF COURSE YOU KNOW, BASED ON YOUR EXPERIENCE AT THE SCENE, THAT THERE WAS A BIG BODY OF WATER RIGHT ACROSS THE STREET.
A.: WELL, THERE WAS A BODY OF WATER. I’M NOT SURE IT WAS BIG. DEFINITELY COMPARED TO THE OCEAN IT WASN’T VERY BIG AT ALL.
Q.: ALSO WE NOTED THERE WAS A SERIES OF GOLF COURSES THAT PROVIDE WATER.
A.: YES.
Q.: IS THE PRESENCE —
A.: THAT WAS ONE OF THE THINGS THAT I OBSERVED WHEN I WENT TO THE SCENE YESTERDAY, THAT THERE WAS WATER AVAILABLE FOR THE LITTLE ANIMALS THAT PROVIDE THE FOOD RESOURCES IN NATURE FOR OUR BLOW FLIES TO CONTINUALLY BE PRESENT.
NOW, NORMALLY WE DON’T SEE BLOW FLIES AROUND IN OUR NORMAL, EVERY-DAY OCCURRENCES AND SO FORTH BECAUSE THEY ARE VERY SPECIFIC TO DEAD THINGS. NOW, IF YOU HAVE CHICKEN BONES OR YOU HAVE A T-BONE THAT ALL THE MEAT WASN’T TRIMMED OFF AND IT’S BEEN IN THE GARBAGE CAN FOR A COUPLE DAYS, THREE, FOUR DAYS, WHEN IT’S HOT, WHEN THE TEMPERATURE IS 80, 90 DEGREES, YEAH, THE BLOW FLIES WILL BE COMING IN TRYING TO ACCESS THAT FOOD RESOURCE BECAUSE, AGAIN, THEY ARE SPECIFIC TO DEAD SOFT TISSUES OF ANIMALS.
Q.: SIR, —
A.: BUT THEY WILL BE COMING IN TO THAT.
Q.: I’M SORRY. HOW DID YOU USE THE LIFE CYCLE OF THE FLIES TO MAKE DETERMINATIONS AS TO POST-MORTEM INTERVAL?
MR. FELDMAN: I HAVE HAD MARKED AS NEXT IN ORDER 176.
(CHART MARKED TRIAL EXHIBIT NUMBER 176 FOR
IDENTIFICATION.)
BY MR. FELDMAN:
Q.: SIR, CAN YOU TELL US WHAT’S 176 DEPICT?
A.: THIS DIAGRAM DEPICTS A NUMBER OF THINGS. IT DEPICTS THE PROCESS OF DECOMPOSITION FROM FRESHLY DEAD THROUGH DRY REMAINS. AND THEN IT’S SHOWING THAT THIS — ALONG HERE IS YOUR POST-MORTEM INTERVAL. BEGINNING ANYWHERE ALONG HERE CAN BE — WILL BE THE POST-MORTEM INTERVAL, WHEREVER YOU STOP IT. AND THEN WE COME DOWN TO SHOW THAT THE FAUNAL EVIDENCE, IN OTHER WORDS, THE ANIMAL EVIDENCE, THE INSECTS FROM THAT, CAN BE USED TO BACKTRACK BACKWARDS TO ESTIMATE A MINIMUM AND MAXIMUM TIME WHEN THAT — WHEN THAT FOOD SOURCE OR THAT BODY OR THAT DEAD ANIMAL WAS AVAILABLE FOR COLONIZATION.
Q.: SO IS THERE A DIFFERENCE BETWEEN TIME OF DEATH AND TIME OF INSECT COLONIZATION?
A.: ABSOLUTELY.
Q.: AND WHAT IS THAT, SIR?
A.: NORMALLY, THERE ARE EXCEPTIONS TO EVERY RULE, BUT NORMALLY IF YOU’RE COLONIZED BY INSECTS, YOU SHOULD BE DEAD FIRST. AND THAT INTERVAL CAN BE A FEW MINUTES, IF TEMPERATURES ARE HIGH ENOUGH WITH REGARDS TO THE BLOW FLIES, TO A DAY OR TWO. AGAIN, IF TEMPERATURES ARE HIGH ENOUGH. IF TEMPERATURES ARE BELOW FREEZING, OF COURSE, IN INDIANA — YOU DON’T HAVE TO EXPERIENCE THOSE KINDS OF COLD TEMPERATURES HERE IN SAN DIEGO, BUT IN INDIANA WE CAN HAVE A BODY THAT, SAY WOULD BE MURDERED OR OUT RIGHT AT THE TIME OF FREEZING AND COLD WEATHER. AND IF IT STAYS BELOW FREEZING FOR THE ENTIRE WINTER, THEN IT’S NOT UNTIL SPRINGTIME WHEN COLONIZATION WOULD THEN RESUME.
Q.: SIR, BASED ON THE INSECT COLONIZATION YOU OBSERVED, IS IT YOUR OPINION THAT THE DECEDENT THEN OR IS IT — WOULD YOUR OBSERVATIONS OF THE COLONIZATION BE CONSISTENT WITH YOUR OBSERVATIONS AS TO THE POST-MORTEM INTERVAL? IN OTHER WORDS, THAT SHE WAS NOT AVAILABLE AS A RESOURCE UNTIL SUBSEQUENT TO THE 14TH OF FEBRUARY.
A.: YES. THAT’S THE KEY. BECAUSE WE DID HAVE IN OUR WEATHER CHART, WE HAD — IT WAS QUITE OBVIOUS THAT WE HAD TEMPERATURES ON EVERY DAY THAT WAS IN QUESTION, TEMPERATURES ABOVE THE MINIMUM FLIGHT THRESHOLD. IN OTHER WORDS, THE MINIMUM TEMPERATURE AT WHICH A FLY WOULD BE UP FLYING AND LAYING EGGS ON ALL OF THOSE DAYS. SO THERE WOULD — UNLIKE INDIANA WHEN IT’S FREEZING, WHEN THE FLIES WOULDN’T BE OUT FLYING, THE DAYS WERE AVAILABLE SO THE FLIES WOULD BE OUT AND SEARCHING FOR SOME PLACE TO DEPOSIT THEIR YOUNG.
Q.: NOW, YOU JUST — TRYING TO BE CAREFUL NOT TO CLUNK ANYONE HERE.
FIRST OF ALL, I WANT TO MAKE SURE. DID YOU GET A CHANCE TO EXPLAIN 176?
A.: NOT FULLY.
Q.: PLEASE. BEFORE I LURE YOU BACK TO WEATHER.
A.: ANYWAY, ON 176, ON THIS DECAY PROCESSES, DECOMPOSITION IS A PROGRESSION. AND YOU’LL START OFF FRESH, AND THEN BIOCHEMICAL CHANGES OCCUR IN THE REMAINS WHERE WE GET GASES BEING PRODUCED, AND THIS IS CAUSING THE BLOAT STAGE. SO THE ANIMAL WILL BLOAT UP. AND AS THE DECOMPOSITIONAL PROCESS CONTINUES, OTHER BIOCHEMICAL CHANGES TAKE PLACE. AND THEN WE MOVE INTO DIFFERENT AREAS OF THE ACTIVE DECAY WHERE WE GET — WE BEGIN TO SEE FLUIDS BEING GENERATED AND PURGING OR LEACHING INTO THE SOIL.
WE GET — IN THIS ACTIVE DECAY BIOMASS IS NOTHING MORE THAN THE AMOUNT OF SOFT TISSUE YOU HAVE ON THE REMAINS. IT’S BEING TAKEN OFF BY EITHER — PRIMARILY BY THE MAGGOTS, THE BLOW FLY MAGGOTS. AND THEN WE GET INTO ADVANCED DECAY WHERE THE BODY BEGINS TO DRY.
Q.: I’M SORRY. WITH REGARD TO THIS BIOMASS LOSS, WE HAVE A CIRCUMSTANCE WHERE OUR TESTIMONY INDICATES THAT AN INDIVIDUAL WEIGHED APPROXIMATELY 50, BETWEEN 51 AND 57 POUNDS IN LIFE, AND THAT AT AUTOPSY SHE WEIGHED APPROXIMATELY 31 TO 33 POUNDS. YOU’VE TALKED ABOUT BIOMASS LOSS. WE’VE GOT AN ALMOST FIFTY-PER-CENT WEIGHT REDUCTION.
A.: RIGHT. NOW, BASED ON THE PHOTOS, AGAIN IT’S MY OPINION THAT SOME OF THIS BIOMASS LOSS IS THE RESULT OF CARNIVORES FEEDING ON THE REMAINS. BUT A MAJORITY OF THIS OR A GOOD PART OF THIS BIOMASS LOSS COULD BE THE RESULT OF THE MAGGOTS FEEDING THEMSELVES. IT DEPENDS ON THE SITUATIONS, BUT IN INDIANA I HAD A PIG THAT LOST THIRTY-TWO POUNDS OF MASS IN NINETY-SIX HOURS FROM THE TIME IT WAS PLACED OUT. SO THE MAGGOTS CAN BE QUITE EFFECTIVE AND EFFICIENT IF YOU HAVE THE WEATHER, THE TEMPERATURES, HIGH TEMPERATURES REALLY MANIFEST THIS, THIS SPEED. AND IT CAN BE QUITE DRAMATIC IN A VERY, VERY SHORT PERIOD OF TIME.
SO, ANYWAY, WE GET INTO ADVANCED DECAY. IT’S IN THIS STAGE WHERE THESE FLUIDS BEGIN TO DRY OUT, AND WE GET THE GREASE FORMATION, THE CHEESE FORMATION. IT’S A PROCESS, AGAIN, BIOCHEMICALS IN HERE WHERE WE HAVE THE FORMATION OF THE CASEI, CASEIC CHEESE-LIKE MATERIALS, WHERE AGAIN WILL ATTRACT JUST DIFFERENT INSECTS. ADVANCED DECAY, THINGS ARE DRYING OUT, AND AGAIN OTHER INSECTS WILL BE ATTRACTED.
WE HAVE THIS CONTINUUM OF THE DECAY PROCESS. AND AS THIS DECAY PROCESS ADVANCES, CERTAIN INSECTS WILL COME IN AND STAY FOR A PERIOD OF TIME. NOW, OUR BLOW FLIES ARE RIGHT IN HERE, RIGHT AT THE FRONT. THEY ARE THERE WITHIN SECONDS TO MINUTES. BUT THEN AS WE PROGRESS, WE HAVE OTHER INSECTS COMING IN.
NOW, SOME OF THE GNAT-LIKE FLIES, YOUR CHEESE SKIPPERS AND SO FORTH, WHICH WILL BE INVOLVED IN HERE FOR THEIR OFFSPRING OR BABIES MIGHT SHOW UP IN HERE, THEY USUALLY DO. BUT IT ISN’T UNTIL THAT FOOD RESOURCE REACHES THE RIGHT BIOCHEMICAL CONSISTENCY WILL THEY BEGIN TO LAY THEIR EGGS. AND THEN THEIR OFFSPRING WILL DEVELOP. AND WE COME OUT HERE THROUGH THE PUTRID STAGE AND EVEN INTO DRY REMAINS. WE HAVE OTHER INSECTS THAT LIKE REAL DRY, HARDENED TISSUES. MUMMIFIED TISSUES. SOME OF THE BEETLES, CERTAIN DERMESTES BEETLES, SKIN BEETLES, CERTAIN FLIES OF CERTAIN GROUPS WILL LIKE THE VERY, VERY DRY REMAINS.
AND ANOTHER THING TO REMEMBER, IMPORTANT POINT TO REMEMBER, IS THAT ONCE THE BIOCHEMICAL CHANGES HAVE TAKEN PLACE, YOU CAN’T GO BACK. IT’S A ONE-WAY STREET THIS WAY TO EVENTUALLY DRY OR SKELETAL REMAINS —
Q.: WHOA. WHOA. WHOA. I’M SORRY. DOES THAT MEAN, SAY, HYPOTHETICALLY, A BODY’S MUMMIFIED THAT ONCE IT HITS THAT MUMMIFICATION STAGE, — LET ME BACK UP.
BEFORE A BODY MUMMIFIES, HYPOTHETICALLY THE BLOW FLIES WOULD GET TO IT, RIGHT?
A.: WHEN IT’S FRESH.
Q.: THEN HYPOTHETICALLY IT GETS HOT AND SOMEHOW THE BODY MUMMIFIES?
A.: RIGHT.
Q.: DOES THAT MEAN THAT WHEN IT COOLS DOWN OR THE TEMPERATURE HEATS UP THE BLOW FLIES ARE GOING TO GO BACK TO THE AREA THAT’S MUMMIFIED?
A.: NO. ONCE THAT MUMMIFICATION HAS TAKEN PLACE, ONCE THAT BIOCHEMICAL CHANGE HAS TAKEN PLACE, THE BLOW FLIES AREN’T GOING TO BE COMING IN. THEY ARE GOING TO BE LOOKING FOR FRESH
— OUT LOOKING FOR A NEW SET OF FRESH MATERIAL TO COLONIZE. SO THEY ARE NOT GOING TO BE COMING BACK, ‘CAUSE THIS PROCESS ADVANCED, AND IT IS NOT — IT’S BIOCHEMICALLY CHANGED SO MUCH THAT THEY ARE NOT GOING TO BE INTERESTED IN COLONIZING THE REMAINS AT THAT POINT.
Q.: OKAY.
DID I INTERRUPT YOUR EXPLANATION?
A.: YES.
Q.: SIR. PLEASE.
A.: SO, ANYWAY, WHETHER THE BLOW FLIES ARE THERE OR NOT, AND AS THE DIRECTION OF DECOMPOSITION CONTINUES, WE ARE GOING TO SEE THIS WE CALL IT FAUNAL SUCCESSION OR SUCCESSION OF THE INSECTS THAT COME IN WHERE THEY HAVE A SET PERIOD OF THIS WHOLE PROCESS IN WHICH TO DO THEIR LIFE CYCLE. AND THEN THEY LEAVE AND IT PROGRESSES FROM THIS TO THIS TO THIS. AND SO DEPENDING ON WHERE YOU ARE IN THIS PROCESS OR IN THIS PROGRESSION, WE’LL COME DOWN AND WE CAN FIND THE INSECTS DOWN HERE, SPECIES A, B, C, AND D, FOR INSTANCE. AND THEN WE CAN FIGURE BACKWARDS TO WHERE WE HAVE A MINIMUM AND A MAXIMUM TIME THAT COLONIZATION COULD HAVE OCCURRED.
Q.: SIR, I STARTED TO GO TO THE WEATHER CHART. IT’S 174.
A.: RIGHT. OKAY.
Q.: I THINK IT’S SAFE.
A.: IT WILL WORK.
Q.: DIRECTING YOUR ATTENTION TO WHAT’S BEEN PREVIOUSLY MARKED 174, SIR. WHAT DID YOU INTEND TO DEPICT OR WHAT’S DEPICTED ON 174?
A.: THESE ARE THE HOURLY TEMPERATURES FROM BROWN FIELD FROM FEBRUARY 2ND THROUGH FEBRUARY 27TH. 28TH IS WHEN THE REMAINS WENT INTO THE MORGUE. AND WHAT WE SEE HERE WITH THESE DIFFERENT COLORS IS THAT ANYTHING LIGHT BLUE OR BETTER, IN OTHER WORDS, THIS COLOR, THIS LIGHT BLUE, OR LIGHTER, INTO THE YELLOWISH, INTO THE ORANGISH, ARE TEMPERATURES ABOVE THAT MINIMUM TEMPERATURE THRESHOLD THAT PROMOTES BLOW FLY ACTIVITY. IN OTHER WORDS, A MOTHER FLY IS OUT FLYING AROUND LOOKING FOR A PLACE TO LAY HER EGGS, AND HER ABILITY TO LAY EGGS WILL BE CONTAINED WITHIN THE BLUE OR BETTER.
NOW, WE HAVE SUNRISE AND SUNSET HERE. THE PURPOSE FOR THAT IS THAT GENERALLY BLOW FLIES DON’T FLY AT NIGHT. THEY GO TO BED JUST LIKE YOU AND ME. AND IN THE MORNING, SOMETIMES THEY ARE EVEN A LITTLE LATER RISERS THAN WHAT SOME OF US FARM FOLKS ARE. SO THEY MAY WAIT UNTIL 8:00 OR 9:00 O’CLOCK IN THE MORNING. OF COURSE, THE TEMPERATURES HAVE TO BE ABOVE FIFTY DEGREES. AND THEY’LL START TO FLY AGAIN.
SO THROUGH THIS WHOLE — THROUGH THIS WHOLE DAYLIGHT TIME PERIOD WE SEE, WITH THE EXCEPTION OF JUST A FEW TIMES HERE, THE TEMPERATURES WERE HIGH ENOUGH TO PROMOTE THE BLOW FLY ADULT FEMALES TO BE OUT SEARCHING, FLYING AND SEARCHING FOR THEIR FOOD SOURCE TO LAY THEIR NEXT GENERATION.
Q.: AN ISSUE AROSE AS TO WHETHER OR NOT YOUR STUDIES AND YOUR CONCLUSIONS WITH REGARD TO THE EVOLUTION OF THE BLOW FLIES ARE BASED UPON REARINGS THAT ARE ENVIRONMENTALLY CONTROLLED. IN OTHER WORDS, YOUR STUDIES APPARENTLY ARE CONDUCTED WITHIN THE LAB. AS OPPOSED TO IN THE FIELD. IS THERE ANY TRUTH OR ACCURACY TO THAT STATEMENT?
A.: WELL, OF COURSE WITH LAB. REARINGS WE HAVE TO DERIVE OUR KNOWLEDGE ABOUT HOW FAST OR HOW SLOW THE LIFE CYCLES WILL TAKE BASED ON PRIMARILY LABORATORY EXPERIMENTS. AND THAT MAKES SENSE. BUT TO SAY THAT A LABORATORY EXPERIMENT IS DONE AT A LOW TEMPERATURE OR AT ONE TEMPERATURE IS NOT ACCURATE. THERE HAVE BEEN A NUMBER OF STUDIES THAT WE WANT TO SEE HOW FAST OR HOW SLOW THESE FLIES GROW OVER A RANGE OF TEMPERATURES. AND SO SOME OF THE EXPERIMENTAL DATA THAT HAVE BEEN DONE SHOW TEMPERATURES RANGING FROM MAYBE 12 DEGREES CENTIGRADE, WHICH WOULD BE ABOUT 54 OR 56 DEGREES FAHRENHEIT, OUT TO WELL OVER 90 DEGREES FAHRENHEIT. AND SO WE WANT TO SEE IF AT THE LOWER TEMPERATURES IT’S GOING TO TAKE MUCH LONGER TO GROW, COMPLETE THAT LIFE CYCLE, THAN IF THE TEMPERATURES ARE 85 OR 90 DEGREES FAHRENHEIT.
Q.: AND, SIR, —
A.: AND SO THOSE HAVE BEEN STUDIED IN DETAIL IN EXPERIMENTS IN LABORATORY.
Q.: AND IN TERMS OF THE STUDIES YOU INCORPORATE, I GUESS, WE HEARD ABOUT A STUDY DONE BY A PERSON NAMED KAMAL, K-A-M-A-L. THERE’S ANOTHER STUDY YOU ARE RELYING UPON DONE BY A PERSON NAMED GREENBERG. IS THAT RIGHT?
A.: THERE HAVE BEEN A NUMBER OF STUDIES THAT HAVE BEEN DONE. I’M RELYING ON A STUDY AT WASHINGTON STATE UNIVERSITY IN PULLMAN, WASHINGTON, BACK IN THE FIFTIES WHERE THE RESEARCHER KAMAL HAD STUDIED ABOUT THIRTEEN DIFFERENT BLOW FLY AND FLESH FLY LIFE CYCLES ON NUMBERS OF GENERATIONS. I THINK THE BLACK BLOW FLY HAD TWENTY-TWO GENERATIONS THAT HE STUDIED, MAYBE EVEN MORE THAN THAT. SO THAT’S WHAT MY CRITERIA IS BASED UPON.
Q.: SIR, WITH REGARD TO THE HOURLY TEMPERATURE RANGES, IS THERE SOMETHING CALLED THE A.D.H.?
A.: YES.
Q.: WHAT IS THAT?
A.: ACCUMULATED DEGREE HOURS IS NOTHING MORE THAN THE QUANTIFICATION OF TIME AND TEMPERATURE INTO A UNIT OF ENERGY.
Q.: SO WITHOUT GETTING TOO COMPLICATED, IF YOU COULD TALK DOWN ENOUGH TO ME TO EXPLAIN HOW DOES THE A.D.H. FACTOR INTO YOUR CALCULATIONS WITH REGARD TO POST-MORTEM INTERVAL?
A.: BY USING ACCUMULATED DEGREE HOURS, WHICH IS NOTHING MORE THAN AN HOURLY TEMPERATURE LESS A BASE TEMPERATURE, A BASE TEMPERATURE IS A TEMPERATURE BELOW WHICH THE ENZYMES DON’T WORK TO PROMOTE GROWTH AND DEVELOPMENT. IT’S CALLED ENZYME KINETICS. THE ENZYMES DON’T WORK, SO GROWTH AND DEVELOPMENT WON’T OCCUR. SO THE MAGGOT WILL GROW TO SUCH AN AGE AT WARMER TEMPERATURES AND LET’S SAY IT GETS COLD. WELL, IT WILL MAINTAIN KIND OF QUIESCENT OR STABILIZED, IT WILL LIVE, BUT IT WON’T GROW, CONTINUE TO GROW. SO WHAT WE CAN DO WITH THE ACCUMULATED DEGREE HOURS IS EVALUATE HOURLY TEMPERATURES OVER ANY PERIOD OF TIME, QUANTIFY THAT OR PUT NUMBERS ON THAT TO RELATE TO HOW MUCH ENERGY IS AVAILABLE OR UNAVAILABLE FOR THE GROWTH AND DEVELOPMENT OF ANY PARTICULAR SPECIES OF INSECT.
Q.: AND WITH REGARD TO YOUR CALCULATIONS ON THE POST-MORTEM INTERVAL, DID YOU TAKE INTO CONSIDERATION THE ACCUMULATED DEGREE HOURS?
A.: YES, I DID. THAT’S THE WAY I MADE MY ASSESSMENT, —
Q.: AND IS THAT SOMETHING —
A.: — BY ACCUMULATED DEGREE HOURS.
Q.: I’M SORRY. I APOLOGIZE TO THE REPORTER.
IS THAT SOMETHING THAT IS RECOGNIZED AND ACCEPTED WITHIN YOUR FIELD?
A.: IT CERTAINLY IS.
Q.: SIR, DO FLIES ALWAYS LAY EGGS ON THE FACE?
A.: I HAVE SEEN CASES WHERE THE FACE HAS BEEN EXCLUDED FOR ONE REASON OR ANOTHER. AND IT CAN BE EXCLUDED AT TIMES.
Q.: IF THE FACE WERE INITIALLY COLONIZED AND THEN BECAME DRY, WOULD YOU EXPECT THE FLIES TO STOP LAYING EGGS?
A.: YES, I WOULD. BECAUSE THE — AGAIN THE FOOD RESOURCE FOR THAT FLY AND THE MOISTURE THAT THE FLIES MAY REQUIRE TO HATCH THEIR EGGS ARE NOT PRESENT. SO THEY COULD CEASE THE COLONIZATION OR EGG LAYING IN THAT PARTICULAR AREA AND MOVE TO OTHERS THAT WOULD BE OF MORE SUSCEPTIBLE AND ATTRACTABLE MATERIAL FOR THEIR EGGS.
Q.: SO, FOR INSTANCE, THE UROGENITAL AREA.
A.: YES. THAT IS AN ALTERNATIVE LOCATION OR A — IT CAN BE SIMULTANEOUS LOCATION. ANY NATURAL BODY OPENING WILL BE AVAILABLE FOR THE FLIES TO LAY THEIR EGGS.
IN ADDITION TO AREAS OF TRAUMA ON THE REMAINS THAT WOULD OPEN UP THE UNDERLYING SOFT TISSUES. IN OTHER WORDS, THE MUSCLE TISSUE OR THE FAT TISSUES OF THE BODY. THAT’S WHAT THE FLIES — THAT’S WHAT THE MAGGOTS WILL FEED ON.
Q.: DID YOU OBSERVE THAT IN THIS CASE?
A.: YES, I DID.
Q.: CAN YOU EXPLAIN, PLEASE.
A.: THE TESTIMONY OF ONE OF THE INVESTIGATORS SHOWED THAT THERE WERE SOME MAGGOTS IN THE HEAD AREA. BUT WHEN DAVID FAULKNER WENT TO MAKE THE COLLECTION AT THE AUTOPSY, HE FOUND THAT THERE WERE NO MAGGOTS IN THE HEAD AREA AND ONLY A CONSIDERABLE MAGGOT MASS IN THE ABDOMINAL AREA, PELVIC AREA OF THE REMAINS. MY CONCLUSION ON THAT WAS THE FACT THAT THERE WERE — THE FLIES MOST LIKELY DID TRY TO LAY THEIR EGGS. MOTHER FLY TRIED TO LAY SOME EGGS IN THE HEAD AREA. AND A FEW OF THEM PROBABLY MADE IT. BUT WHEN THE BODY WENT INTO THE MORGUE AND COOLED DOWN, THE FEW MAGGOTS THAT WERE UP IN THE HEAD AREA DIDN’T HAVE THE MAGGOT MASS AGGREGATION TO GENERATE THIS HEAT THAT IS PRESENT. AND SO THEY PROBABLY WENT TO — I THINK IT’S POSSIBLE THAT THEY TRIED TO SEEK WHERE THIS HEAT WAS PRESENT IN THIS PELVIC AREA WHERE THE MAGGOT MASS WAS PRESENT AND PROBABLY JOINED THEIR FELLOW MAGGOTS DOWN THERE.
MR. FELDMAN: EXCUSE ME JUST A MOMENT.
(DISCUSSION OFF THE RECORD BETWEEN MR. FELDMAN
AND MS. SCHAEFER.)
BY MR. FELDMAN:
Q.: SIR, IF THE SKIN IS MUMMIFIED, DOES THAT MUMMIFICATION CREATE A BARRIER FOR THE BLOW FLIES?
A.: IT CERTAINLY DOES.
Q.: HOWEVER, IF THERE ARE REMAINS WHICH APPEAR TO BE PARTIALLY MUMMIFIED, WILL THAT PRECLUDE, RULE OUT, THE EXISTENCE OF THE BLOW FLIES?
A.: PARTIAL MUMMIFICATION WILL RULE OUT THE COLONIZATION OF THE TISSUES THAT ARE MUMMIFIED. BUT IF THERE ARE AREAS THAT ARE NOT MUMMIFIED YET, THE BLOW FLIES WILL BE ATTRACTED TO THAT. ONCE MUMMIFICATION HAS OCCURRED, THOUGH, AND THAT DRYING, THE DESICCATION OF THOSE SOFT TISSUES, THE MUSCLE AND THE FATS, HAVE TAKEN PLACE, THE BLOW FLIES WILL NOT BE ATTRACTED THEN AGAIN.
Q.: WITH REGARD TO THE CLIMATES, IF IT’S DRY, WOULD YOU EXPECT THAT THE CLIMATE COULD CAUSE OR AFFECT THE TOTAL NUMBER OF INSECTS IN A GIVEN HABITAT?
A.: MOST DEFINITELY. WE’RE GOING TO SEE REDUCTION — WELL, IF IT’S DRY, IF IT’S A DRY CLIMATE. IF IT’S A WET CLIMATE WE MIGHT SEE MORE INSECTS ARISE. AND LIKEWISE, IF WE HAVE A DROUGHTY CONDITIONS AS WE MIGHT HAVE SAY IN INDIANA OVER CERTAIN PERIODS OF TIME WHERE MOST INSECTS ARE PLANT FEEDERS. IN ANY ECOLOGICAL SYSTEM, THEY ARE FEEDING ON ALL SORTS OF DIFFERENT PLANTS, AND AS THE NUMBER OF PLANTS REDUCE, SO WILL THE INSECTS BECAUSE THEY DON’T HAVE THAT FOOD SOURCE TO FEED UPON.
LIKEWISE, WITH OUR BLOW FLY FRIENDS HERE, WE WOULD SEE A POTENTIAL REDUCTION IN THE BLOW FLY NUMBERS BECAUSE I’VE HAD
— IN THE DROUGHTS WE HAD BACK IN THE MID EIGHTIES IN INDIANA, I HAD A NICE, BIG DEER ON THE FARM THAT WAS HIGHLY COLONIZED, HAD LITERALLY TENS OF THOUSANDS IF NOT HUNDREDS OF THOUSANDS OF MAGGOTS ON IT, BUT IT WAS VERY DRY, AND SO WHEN THOSE MAGGOTS WENT INTO THE MIGRATION PHASE, WHEN THEY CRAWLED OFF THE REMAINS TO TRY TO FIND A PLACE TO FORM THE PUPARIUM, THERE WERE LITERALLY THOUSANDS OF DEAD MAGGOTS THAT HAD JUST ACTUALLY COOKED IN THE SOIL AROUND THE DEAD DEER. SO THAT DEFINITELY REDUCED THE POPULATION BY HUNDREDS OF THOUSANDS OR TENS OF THOUSANDS.
Q.: DOES THAT TOTALLY RULE OUT THE EXISTENCE OF THE BLOW FLY?
A.: NO. IT DOESN’T TOTALLY RULE IT OUT BECAUSE WE STILL HAVE ANIMALS THAT WOULD BE FOUND TO BE IN SHADED AREAS OR COOLER AREAS, AND THERE WOULD BE SOME POPULATION STILL REMAINING.
Q.: WITH REGARD TO —
THE COURT: COUNSEL, I THINK WE ARE GOING TO GO AHEAD AND TAKE THE MORNING BREAK.
LADIES AND GENTLEMEN, PLEASE REMEMBER THE ADMONITION OF THE COURT NOT TO DISCUSS ANY OF THE EVIDENCE OR TESTIMONY NOR FORM OR EXPRESS ANY OPINIONS ON THE MATTER UNTIL IT IS SUBMITTED TO YOU.
PLEASE BE OUTSIDE THE DOOR AT 10:45, A QUARTER TO 11:00, PLEASE.
(RECESS, 10:30 O’CLOCK, A.M., TO 10:45 O’CLOCK, A.M.)
/ / /

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22072 - July 22nd 2002 -Transcript of David Westerfield Trial Day 20 - morning 2
10074 - July 10th 2002 -Transcript of David Westerfield Trial Day 19 - afternoon 2