22074 – July 22nd 2002 -Transcript of David Westerfield Trial Day 20 – afternoon 2

TRIAL DAY 20 – PART 4 – afternoon 2


SAN DIEGO, CALIFORNIA, MONDAY, JULY 22, 2002, (afternoon 2)


WITNESS:
Neal Haskell (forensic entomology consultant, Continued)


8252

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

2 HAVE A SEAT, DOCTOR.

3 THE WITNESS: THANK YOU.

4 THE COURT: MR. DUSEK.

5

6 BY MR. DUSEK:

7 Q.: DOCTOR, AFTER REVIEWING THE AUTOPSY REPORT THAT YOU

8 WERE SHOWN, DID IT CHANGE OR REFRESH YOUR MEMORY THAT THE SKIN

9 ON THIS CHILD WAS BASICALLY REMOVED FROM THE COLLAR BONE THROUGH

10 THE KNEES ON THE FRONT?

11 A.: YES.

12 Q.: SO YOUR TESTIMONY EARLIER ABOUT WHERE YOU THOUGHT

13 THE SKIN WAS WAS INACCURATE?

14 A.: NO. I — I THINK I WAS — I THINK THE AUTOPSY

15 REPORT SUPPORT IT, WHAT I WAS DESCRIBING WITH REGARDS TO THE

16 FACT THAT THE ABDOMEN WAS NOT OPENED UP.

17 Q.: WHEN I FIRST ASKED YOU QUESTIONS DIDN’T YOU TELL ME

18 THAT THE SKIN WAS STILL INTACT ON THE CHEST REGION AND THORACIC

19 REGION OF THIS CHILD?

20 MR. FELDMAN: OBJECTION, THE RECORD SPEAKS FOR ITSELF,

21 YOUR HONOR, AND ARGUMENTATIVE.

22 THE COURT: OVERRULED. HE CAN ANSWER THAT QUESTION.

23 YOU MAY ANSWER THAT QUESTION.

24 THE WITNESS: I MOST CERTAINLY DIDN’T. I HAD POINTED OUT

25 THAT THE SKIN HAD BEEN REMOVED FROM OVER THE RIBS AND THE RIBS

26 WERE EXPOSED.

27 ///

28 ///

8253

1 BY MR. DUSEK:

2 Q.: AND BY LOOKING AT THE AUTOPSY REPORT WERE YOU ALSO

3 REFRESHED THAT THE EXTERNAL GENITALIA WERE MISSING?

4 A.: YES, I DID. THAT REFRESHED MY MEMORY ON THAT.

5 Q.: THE PANCREAS WAS MISSING?

6 A.: I THINK IT SAID IT WAS UNDISTINGUISHABLE.

7 Q.: THE SPLEEN?

8 A.: UNDISTINGUISHABLE I BELIEVE.

9 Q.: THE STOMACH?

10 A.: I DON’T RECALL THE STOMACH.

11 Q.: THE KIDNEYS?

12 A.: I DON’T RECALL THE KIDNEYS.

13 Q.: UTERUS?

14 A.: I DON’T RECALL THE UTERUS.

15 Q.: AND IT REFERRED TO ANIMAL ACTIVITY RESPONSIBLE FOR

16 SOME OF THAT. DID THAT REFRESH YOUR MEMORY WHEN YOU SAW THE

17 REPORT?

18 MR. BOYCE: OBJECTION, MISSTATES THE REPORT.

19 THE COURT: OVERRULED AT THIS POINT IN TIME.

20 THE WITNESS: I — YES, IT WOULD.

21

22 BY MR. DUSEK:

23 Q.: YOU WERE ASKED QUESTIONS REGARDING WHAT SOME POLICE

24 OFFICERS APPARENTLY SAID REGARDING THE FLY ACTIVITY AT THE

25 SCENE. THEY’RE NOT ENTOMOLOGISTS AS FAR AS YOU KNOW, ARE THEY?

26 A.: I THINK IT WAS REFERRING TO MAGGOT ACTIVITY. ON

27 THE INSECT ACTIVITY FIRST, AND THEN SPECIFICALLY MAGGOT ACTIVITY

28 TO THE HEAD AND UPPER THORAX.

8254

1 Q.: THEY’RE NOT ENTOMOLOGISTS, ARE THEY, OF YOUR

2 KNOWLEDGE?

3 A.: NO.

4 Q.: JUST LIKE WHEN YOU TOLD US EARLIER THAT DR.

5 BLACKBOURNE WAS NOT AN ENTOMOLOGIST, IS THAT RIGHT?

6 A.: I THINK I — I STATED THAT HE WAS NOT — HE MAY NOT

7 BE TRAINED IN ENTOMOLOGICAL PROCEDURES.

8 Q.: AND THEREFORE, POLICE OFFICERS YOU WOULD ASSUME

9 WOULD NOT BE PROPERLY TRAINED IN ENTOMOLOGICAL PROCEDURES,

10 CORRECT?

11 A.: WE WOULD HOPE THAT THE POLICE OFFICERS WOULD BE

12 TRAINED IN RECOGNITION AND RECOVERY OF ENTOMOLOGICAL EVIDENCE.

13 Q.: SO YOU WOULD EXPECT A POLICE OFFICER TO HAVE BETTER

14 TRAINING IN THAT REGARD THAN A PATHOLOGIST WHO GOES TO THE SCENE

15 TO RECOVER THE BODY?

16 MR. FELDMAN: OBJECTION, ARGUMENTATIVE.

17 THE COURT: OVERRULED.

18 YOU CAN ANSWER THAT.

19 THE WITNESS: IT CERTAINLY IS POSSIBLE BASED ON WHAT

20 CLASSES THE DEATH SCENE INVESTIGATORS HAVE HAD. IF THEY HAVE

21 HAD AN INTENSIVE ONGOING TWO DAY MAGGOT SCHOOL UP IN WASHINGTON

22 RIGHT NOW, THEN THE TRAINING OF THOSE INVESTIGATORS COULD BE

23 MORE INTENSIVE THAN WHAT A FORENSIC PATHOLOGIST MAY HAVE.

24 Q.: ISN’T A FORENSIC PATHOLOGIST SUPPOSED TO ACCURATELY

25 OBSERVE AND RECORD EVERYTHING HE SEES ON THAT BODY?

26 MR. FELDMAN: YOUR HONOR, ARGUMENTATIVE, IRRELEVANT AND

27 SCOPE.

28 THE COURT: OVERRULED.

8255

1 YOU MAY ANSWER.

2 THE WITNESS: OF COURSE. A FORENSIC PATHOLOGIST IS

3 CHARGED WITH THAT.

4

5 BY MR. DUSEK:

6 Q.: BASICALLY THE POLICE OFFICERS FIND THE SCENE AND

7 TURN THE SCENE OVER TO THE PATHOLOGIST WHEN HE ARRIVES AT THE

8 SEEN TO EXAMINE THE BODY, CORRECT?

9 A.: IN THOSE JURISDICTIONS THAT HAPPENS, YES.

10 Q.: YOU TALKED ABOUT ODORS.

11 WHEN THE BODY IS MUMMIFIED YOU DO NOT EXPECT TO

12 FIND AN ODOR, DO YOU?

13 A.: NO. THAT’S NOT TRUE. WE WOULD FIND AN ODOR. IT

14 WOULD BE LESSENED.

15 Q.: CONSIDERABLY LESSENED, CORRECT?

16 A.: YES. IT WOULD HAVE A MORE MUSTY SMELL THAN THE

17 ADVANCED DECOMPOSITION PUTREFACTION ODORS.

18 Q.: BECAUSE PUTREFACTION AND MUMMIFICATIONS ARE

19 OPPOSITE ENDS OF THE DECOMPOSITION SCALE?

20 A.: TWO DIFFERENT PATHWAYS.

21 Q.: YOU WERE ASKED QUESTIONS REGARDING SIGNS OF

22 MOVEMENT OF THIS BODY WHEN MR. FELDMAN WAS ASKING YOU QUESTIONS

23 THAT LAW ENFORCEMENT HAD SEEN NO SIGNS OF THAT APPARENTLY.

24 DO YOU RECALL THAT ANSWER?

25 A.: YES.

26 Q.: DO YOU RECALL ANSWERING MY QUESTIONS THAT YOU HAD

27 SEEN INDICATIONS THAT HAIR WAS AT A DIFFERENT LOCATION?

28 A.: YES.

8256

1 Q.: AND THAT THERE WAS GREASE ALONG THE WAY?

2 A.: THAT HAD DECOMPOSITIONAL SMELL, YES.

3 Q.: ISN’T THAT AN INDICATION THAT PERHAPS THIS BODY HAD

4 BEEN MOVED?

5 A.: IT COULD BE, YES.

6 Q.: SO THERE WERE SIGNS THAT THIS BODY HAD BEEN MOVED?

7 A.: TO MY KNOWLEDGE, YES, I THOUGHT SO.

8 Q.: BASED UPON WHAT YOU WERE TOLD?

9 A.: BASED — NO. WELL, BASED UPON WHAT I SAW IN THE

10 PHOTOGRAPHS AND WHAT I READ IN THE POLICE REPORT.

11 Q.: AND YOU’RE ALSO AWARE THAT THERE WERE NO ANIMAL

12 ACTIVITY INSIDE THE HEAD OF THIS CHILD WHEN THE HEAD WAS OPENED

13 UP?

14 A.: YOU’RE TALKING ABOUT MAGGOT ACTIVITY?

15 Q.: YES.

16 A.: YES. I WAS AWARE OF THAT AND THAT’S NOT UNUSUAL.

17 Q.: YOU WOULD EXPECT TO FIND SOME MAGGOT ACTIVITY IN

18 THERE IF THE MAGGOTS HAD BEEN THERE FOR A WHILE, WOULDN’T YOU?

19 A.: IF THEY HAD A CHANCE TO ESTABLISH A MAGGOT MASS.

20 BUT ONLY MAYBE A FEW WOULD HAVE BEEN ABLE TO COLONIZE, AND THAT

21 WOULD EXPLAIN THAT.

22 Q.: YOU MADE REFERENCE TO A STUDY OUT OF ARIZONA BY

23 ALLISON GALLOWAY; IS THAT CORRECT?

24 A.: YES.

25 Q.: SO THAT’S SOMETHING YOU’RE FAMILIAR WITH?

26 A.: I HAVEN’T READ IT FOR A WHILE BUT I HAVE READ IT IN

27 THE PAST.

28 Q.: YOU WERE FAMILIAR ENOUGH TO QUOTE IT, WEREN’T YOU?

8257

1 A.: I QUOTED IT AS A SOURCE WHEN I WAS ASKED WHAT

2 PUBLICATIONS MIGHT BE THERE.

3 Q.: WELL, WOULD YOU AGREE WITH THE STATEMENT THAT

4 UNLESS THE INSECTS CAN LAY EGGS IN THE INITIAL STAGES OF DECAY

5 MUCH OF THE SURFACE WILL DRY AND BECOME INHOSPITABLE TO THE

6 LARVAE STAGES WHICH NEED BOTH MOISTURE AND ACCESSIBILITY TO AIR?

7 A.: YES.

8 Q.: SO UNLESS THE FLIES GET THERE EARLY, THERE’S NOT

9 GOING TO BE ANYTHING TO ATTACH TO, CORRECT?

10 A.: THAT’S CORRECT. I THINK WE’VE STATED THAT.

11 Q.: WOULD YOU ALSO AGREE THAT THIS IS THE MOST PROBABLE

12 REASON FOR THE HIGH PERCENTAGE OF CASES EARLY DECOMPOSITION

13 WHICH DO NOT EXHIBIT EXTERNAL MAGGOT ACTIVITY?

14 A.: YES.

15 Q.: SO EVEN THOUGH THE BODY IS THERE FOR A PERIOD OF

16 TIME AND THEN DECOMPOSES, WE DO NOT SEE EXTERNAL MAGGOT

17 ACTIVITY?

18 A.: IT’S INTERNAL.

19 Q.: IT HAS TO START OUTSIDE, THOUGH, DOESN’T IT?

20 A.: THEY MOVE INTERNALLY VERY QUICKLY.

21 Q.: BUT SOMETHING HAS TO OPEN THAT BODY UP TO ALLOW

22 THEM TO GET INSIDE, DOESN’T IT?

23 A.: WE HAVE OUR NATURAL BODY OPENINGS, PARTICULARLY THE

24 PELVIC AREA IN THIS CASE.

25 MR. DUSEK: THANK YOU, SIR.

26 THE COURT: ALL RIGHT.

27 ANYTHING FURTHER, MR. FELDMAN?

28

8258

1 REDIRECT EXAMINATION +

2 BY MR. FELDMAN:

3 Q.: SIR, JUST AS PART OF YOUR PROFESSIONAL WORK YOU

4 TRAIN POLICE IN FORENSIC ENTOMOLOGY, IS THAT RIGHT?

5 A.: I TRAIN A LOT OF POLICE OFFICERS IN FORENSIC

6 ENTOMOLOGY AND CORONERS AND MEDICAL EXAMINERS.

7 Q.: FOR HOW MANY YEARS HAVE YOU BEEN DOING THAT?

8 A.: SINCE 19 — WELL, 1985 IS WHEN I HAD MY FIRST

9 TRAINING SEMINAR FOR THE INDIANA STATE POLICE AT PURDUE

10 UNIVERSITY.

11 Q.: AND WITH REGARD TO THE EUROPEAN LAW ENFORCEMENT

12 COMMUNITY, ARE YOU INVOLVED IN AT LEAST DEVELOPING A FORENSIC

13 ENTOMOLOGY APPROACH TO CRIME INVESTIGATION?

14 MR. DUSEK: OBJECTION, RELEVANCY, BEYOND THE SCOPE.

15 THE COURT: OVERRULED.

16 YOU MAY ANSWER, DOCTOR.

17 THE WTNESS: YES. I HAVE BEEN CONTACTED ALONG WITH DR.

18 HALL FROM THE U.S. TO PARTICIPATE WITH THE FRENCH NATIONAL

19 POLICE IN HELPING THEM REFINE THEIR FIRST ESTABLISHMENT OF A

20 FORENSIC ENTOMOLOGY DIVISION OF THE CRIME LAB IN THE WORLD.

21 SO WE PARTICIPATED ABOUT SIX WEEKS AGO IN A TRIP TO

22 PARIS WHERE WE HELPED THE FRENCH NATIONAL CRIME LAB IN

23 CONJUNCTION WITH OTHER EUROPEAN FORENSIC ENTOMOLOGISTS THAT CAME

24 IN TO ASSIST.

25 Q.: AND, SIR, EVEN TODAY YOU’RE A LITTLE BIT

26 INCONVENIENCED BY YOUR PRESENCE HERE BECAUSE YOU’RE TRAINING OR

27 SUPPOSED TO BE TRAINING POLICE IN THE NORTHWEST?

28 A.: I HAVE TWO ONGOING BACK-TO-BACK FORENSIC ENTOMOLOGY

8259

1 WORKSHOPS IN PEARCE COUNTY, WASHINGTON, TACOMA AREA WHICH WAS

2 SUPPOSED TO START TODAY. WE HAD TO DELAY IT TILL TOMORROW.

3 Q.: THEY’RE STILL EXPECTING YOU, AREN’T THEY?

4 A.: I HOPE SO.

5 Q.: SIR, YOU TESTIFIED JUST NOW ON DIRECT THAT YOU

6 THOUGHT THE BODY MIGHT HAVE BEEN MOVED. IF IT WERE MOVED AT

7 ALL, HOW MUCH DISTANCE, IF ANY, FROM THE EXHIBITS, THE

8 PHOTOGRAPHS AND SO FORTH?

9 A.: AND THE LOCATOR ALPHABET INDICATORS, IT WOULD

10 APPEAR 30, 40, 50 FEET MAYBE AT THE MOST.

11 Q.: WOULD THAT AFFECT YOUR OPINIONS ON P. M. I.,

12 POSTMORTEM INTERVAL?

13 A.: NO.

14 Q.: WOULD IT AFFECT THE ABILITY OF THE INSECTS TO GET

15 TO THE BODY?

16 A.: NO.

17 Q.: YOU WERE ASKED A QUESTION ABOUT — I’M SORRY, IF I

18 UNDERSTAND CORRECTLY, THE BUGS WILL GO TO WHATEVER’S AVAILABLE,

19 AND YOU SAID IN THIS CASE THE GENITAL AREA.

20 THE VAGINAL AREA GENERALLY IS MOIST, IS THAT RIGHT?

21 A.: YES, AND IT’S FAIRLY — FAIRLY EXTENSIVE.

22 Q.: AND SO, THEREFORE, THAT WOULD BE ONE OF THE ACCESS

23 POINTS THAT THE INSECTS WOULD GO TO, IS THAT RIGHT?

24 A.: ABSOLUTELY.

25 Q.: YOU WOULD NOT CONSIDER THAT EXTERNAL. YOU WOULD

26 CONSIDER THAT INTERNAL?

27 A.: OF COURSE.

28 Q.: AND THEN WITH REGARD TO THE NECK, IS THE NECK AN

8260

1 AREA WHERE MAGGOTS MIGHT INFEST?

2 A.: IF THERE’S SOME TRAUMA TO THE AREA, PARTICULARLY

3 I’VE SEEN THE BLOW FLIES LAY EGGS IN THE CREASES OF THE NECK IN

4 THE MOISTURE, IF WE HAVE A BODY LAYING IN A SITUATION WHERE THEY

5 WILL ACCESS FOR SHADE IN THE SHADE PART OF THE NECK AND SO

6 FORTH. SO WE CAN GET COLONIZATION OR GET EGG LAYING. THE

7 MAGGOTS WILL PROBABLY HATCH AND MOVE INTO THE ORIFICES, NATURAL

8 ORIFICES UNLESS THERE’S TRAUMA TO THE AREA.

9 Q.: YOU NOTED IN YOUR TRAUMA PROTOCOL, DR. BLACKWELL

10 (SIC) NOTICED AN EIGHTH INCH LACERATION IN THE RIGHT ANTERIOR

11 LATERAL NECK CONSISTENT WITH A MAGGOT HOLE?

12 A.: YES.

13 Q.: AND AGAIN, YOUR OPINION ON THE POSTMORTEM INTERVAL

14 IS THE SAME?

15 A.: IT IS. YES, IT IS.

16 MR. FELDMAN: NO FURTHER QUESTIONS.

17 THE COURT: ANYTHING FURTHER, MR. DUSEK?

18 MR. DUSEK: NO.

19 THE COURT: ALL RIGHT.

20 IS THE DOCTOR TO BE EXCUSED?

21 MR. FELDMAN: NO OBJECTION. THANK YOU.

22 THE COURT: ALL RIGHT. THANK YOU FOR COMING IN, DOCTOR.

23 YOU’RE FREE TO LEAVE THESE PROCEEDINGS. HOWEVER, YOU’RE UNDER

24 AN ADMONITION NOT TO DISCUSS YOUR TESTIMONY WITH ANYONE UNTIL

25 THE MATTER’S CONCLUDED, ALL RIGHT?

26 THE WITNESS: YES, SIR, YOUR HONOR. THANK YOU VERY MUCH.

27 THE COURT: MR. DUSEK, I BELIEVE YOU HAVE SOME MATERIALS

28 ON THE WITNESS STAND YOU MIGHT WANT TO REMOVE.

8261

1 ALL RIGHT. MR. FELDMAN.

2 MR. BOYCE: YOUR HONOR, WE WOULD LIKE —

3 THE COURT: OH, I’M SORRY, MR. BOYCE.

4 MR. BOYCE: WE WOULD REQUEST TO RECALL DETECTIVE TOMSOVIC

5 BRIEFLY.

6 THE COURT: ALL RIGHT. LET’S HAVE DETECTIVE TOMSOVIC

7 COME BACK.

8 MR. FELDMAN: THANK YOU.

9

10 -JAMES TOMSOVIC, +

11 DEFENDANT’S WITNESS, PREVIOUSLY HAVING BEEN SWORN, TESTIFIED

12 FURTHER AS FOLLOWS:

13

14 THE COURT: WELCOME BACK, DETECTIVE. YOU’RE STILL UNDER

15 OATH. KINDLY RESUME THE STAND.

16

17

18 DIRECT EXAMINATION +

19 BY MR. BOYCE:

20 Q.: GOOD AFTERNOON AGAIN, DETECTIVE TOMSOVIC?

21 A.: GOOD AFTERNOON.

22 Q.: DID YOU, IN THE COURSE OF YOUR INVESTIGATION IN

23 THIS CASE, GO TO THE DEHESA RECOVERY SCENE ON FEBRUARY 28TH?

24 A.: YES, I DID.

25 Q.: DID YOU GO THERE IN THE MORNING HOURS?

26 A.: YES.

27 Q.: AND WHEN YOU WERE THERE DID YOU NOTICE A SERPENTINE

28 DRAG TRAIL THAT WAS ABOUT 45 FEET LONG THROUGH THE GRASS?

8262

1 A.: IT’S APPROXIMATELY 42 FEET I BELIEVE, BUT YES.

2 Q.: WAS THAT LEADING FROM THE BODY?

3 A.: IT WAS MAYBE 80 TO 90 FEET FROM THE BODY.

4 Q.: AND DID THAT — DID YOU NOTICE ANYTHING ALONG THAT

5 TRAIL?

6 A.: THERE WAS PIECES OF HAIR, APPEARED TO BE BLONDE

7 HUMAN HAIR, AND THEN THE TRAIL ITSELF WAS KIND OF GREASY SMEAR

8 ON THE GROUND, AND THE MEADOW GRASS HAD BEEN TRAMPLED DOWN

9 SOMEWHAT.

10 Q.: DID YOU NOTICE ANY ODOR CONNECTED WITH THIS TRAIL?

11 A.: YES. THERE WAS AN ODOR OF DECOMPOSING FLESH.

12 Q.: AND WAS THE TRAIL WIDE ENOUGH FOR A BODY OR WAS IT

13 SMALLER THAN THAT?

14 A.: I BELIEVE IT WAS — IT WOULD HAVE BEEN SMALLER THAN

15 THAT.

16 Q.: SO IT MIGHT HAVE BEEN A BODY PART OR A PART OF THE

17 FLESH FROM THE BODY?

18 A.: THAT WAS MY GUESS AT THE TIME, YES.

19 Q.: AND DID THE CADAVER DOGS REACT TO THAT TRAIL?

20 A.: I DID NOT SEE THEM REACT TO IT. I DID NOT NOTICE

21 IT.

22 Q.: WITH THE — WERE YOU FAMILIAR WITH THE SEARCHERS

23 WHO LOCATED THE BODY?

24 A.: THE CIVILIAN SEARCHERS?

25 Q.: YES.

26 A.: NO. I DON’T RECALL IF I EVER EVEN SAW THEM.

27 MR. FELDMAN: I HAVE NOTHING FURTHER.

28 THE COURT: ALL RIGHT. CROSS-EXAMINATION.

8263

1 CROSS-EXAMINATION +

2 BY MR. DUSEK:

3 Q.: WHEN DID YOU FIRST GET TO THE RECOVERY SITE, SIR?

4 A.: THAT WOULD HAVE BEEN THE NIGHT OF THE 27TH AT

5 APPROXIMATELY 1800 HOURS OR 6:00 P.M.. IT WAS CONDITIONS OF

6 DUSK AT THE TIME.

7 Q.: THE AREA THAT YOU SAW THE DRAG MARKS, OR AT LEAST

8 WHAT YOU CHARACTERIZED AS DRAG MARKS, WHERE WERE THEY IN

9 RELATION TO THE BODY?

10 A.: WE DIDN’T FIND THOSE ACTUALLY TILL THE NEXT DAY IN

11 THE DAYLIGHT. BUT THEY WERE APPROXIMATELY 80 TO 90 FEET

12 NORTHWEST OF THE BODY’S LOCATION.

13 Q.: BY USING COURT’S EXHIBIT 2, THIS PHOTO DISPLAY

14 BOARD LABELED AT THE TOP “RECOVERY SITE, ROMAN NUMERAL ONE,” AND

15 I SUPPOSE SPECIFICALLY PHOTOGRAPH “B”, ARE YOU ABLE TO LOCATE

16 THE DRAG MARKS OR WHAT COULD BE DRAG MARKS IN PHOTOGRAPH “B”?

17 A.: I CAN’T TELL IF THEY SHOW OR NOT, BUT I CAN SHOW

18 YOU APPROXIMATELY WHERE THEY WERE.

19 Q.: IF YOU’D JUST, FIRST OF ALL, POINT IT OUT WITH YOUR

20 FINGER OR WITH THE POINTER, THE GENERAL LOCATION?

21 A.: THERE’S A PERSON STANDING HERE WITH LIGHT COLORED

22 PANTS, LOOKS LIKE A RED SHIRT. IT WOULD BE SOMEWHERE IN THAT

23 GENERAL AREA NEAR THE TOP OF PHOTOGRAPH “B”.

24 Q.: THAT’S WHERE THE DRAG MARKS WERE?

25 A.: YES. IT COULD HAVE BEEN ANYWHERE APPROXIMATELY

26 THIS DISTANCE BUT IN THIS GENERAL AREA.

27 Q.: NOW, IF YOU WOULD TAKE THAT GREEN FELT PEN SITTING

28 IN THERE IN FRONT OF YOU, AND IF YOU COULD PUT BRACKETS IN THE

8264

1 GENERAL AREA THAT YOU’VE JUST REFERRED TO ON PHOTOGRAPH “B” OF

2 EXHIBIT 2.

3 A.: (WITNESS COMPLYING.)

4 Q.: YOU’VE DONE THAT FOR US?

5 A.: YEAH. I BELIEVE THAT’S APPROXIMATELY WHERE THEY

6 WERE.

7 Q.: AND ABOUT HOW FAR FROM THE RECOVERY WHERE DANIELLE

8 WAS FOUND WERE THESE MARKS?

9 A.: AGAIN, I’M ESTIMATING ABOUT 80 FEET.

10 Q.: AND FROM YOUR OBSERVATIONS OF THEM DID THEY APPEAR

11 TO BE GOING FROM THE BODY TO THE LOCATION WHERE THE MARKS ARE OR

12 FROM THE MARKS TO WHERE THE BODY WAS ULTIMATELY FOUND?

13 A.: I COULDN’T DETERMINE THE DIRECTION AT BUT THEY —

14 THEY WERE ACTUALLY IN A COURSE INTERSECTING, NOT PARALLEL TO BUT

15 INTERSECTING THE LINE OF THE BODY.

16 Q.: WHAT DO YOU MEAN BY THAT? YOU LOST ME.

17 A.: THE DRAGGING MARKS WERE GENERALLY RUNNING FROM

18 THE — IT WOULD BE FROM THE — LIKE PARALLEL TO THE TOP OF THE

19 PHOTOGRAPH AS OPPOSED TO IN A DIRECTION POINTED TOWARDS WHERE

20 THE BODY WAS.

21 Q.: ALL RIGHT.

22 A.: IF I CAN SHOW WITH THE POINTER.

23 Q.: PLEASE.

24 A.: THEY WERE MORE OR LESS IN A DIRECTION THIS WAY AS

25 OPPOSED TO THIS WAY.

26 Q.: BY YOUR FIRST “THIS WAY” YOU’RE MOVING IN A

27 DIRECTION PARALLEL WITH THE TOP OF THE PHOTOGRAPH FROM LEFT TO

28 RIGHT.

8265

1 A.: YES, WHICH I BELIEVE BASICALLY WOULD BE IN A NORTH

2 TO SOUTH DIRECTION AS OPPOSED TO A WEST TO EAST OR EAST TO WEST.

3 Q.: AND THE SECOND ANGLE YOU DREW OR MOTIONED WAS FROM

4 THE LOCATION BACK TO WHERE THE BODY WAS?

5 A.: YES.

6 Q.: AND YOU FOUND BLONDE HAIR THERE?

7 A.: YES.

8 Q.: AND SMALL LITTLE GREASE SPOTS ALONG THE WAY?

9 A.: ACTUALLY, MOST OF THE ENTIRE LENGTH OF THE DRAG

10 MARK HAD KIND OF A GREASY SMEARED APPEARANCE TO IT.

11 Q.: NOW, YOU MENTIONED THERE WERE SOME DOGS THAT WERE

12 AT THE SCENE. WHEN WERE THEY THERE?

13 A.: THE AFTERNOON OF THE SECOND DAY, WHICH WOULD HAVE

14 BEEN THE 28TH, PROBABLY — THEY WERE NOT EXPOSED TO THIS AREA

15 PROBABLY UNTIL 3 O’CLOCK IN THE AFTERNOON.

16 Q.: HOW MANY DAYS LATER?

17 A.: THE DAY AFTER THE BODY WAS FOUND AND HAD BEEN

18 REMOVED FROM THE SCENE.

19 Q.: THEY DIDN’T REACT TO THE DRAG MARKS OR WHAT WAS

20 ALONG THE DRAG MARK TRAIL?

21 A.: I DID NOT SEE THEM REACT TO IT AND NOBODY HAD

22 BROUGHT IT TO MY ATTENTION THAT THERE HAD BEEN ANY REACTION.

23 Q.: I GUESS WHAT I’M AFTER THEN IS WAS IT YOUR

24 RESPONSIBILITY TO WITNESS WHAT THE DOGS WERE DOING IN THAT AREA?

25 A.: NO. I — I ORDERED THEM TO SEARCH THE AREA BUT I

26 DID NOT FOLLOW THEM AND WATCH THEM. I WOULD ANTICIPATE IF THEY

27 HAD SEEN SOMETHING I WOULD HAVE BEEN NOTIFIED ABOUT IT.

28 Q.: NOW, DID YOU GET A CHANCE TO EXAMINE DANIELLE THAT

8266

1 FIRST EVENING?

2 A.: THE EVENING THE BODY WAS FOUND, YES.

3 Q.: HOW CLOSE DID YOU GET TO HER?

4 A.: INCHES.

5 MR. BOYCE: OBJECTION, SCOPE, YOUR HONOR.

6 THE COURT: IT IS BEYOND, BUT I’LL TRY TO KEEP THE

7 DETECTIVE FROM COMING BACK AGAIN. GO AHEAD, COUNSEL.

8 OVERRULED.

9

10 BY MR. DUSEK:

11 Q.: DID YOU GET A CHANCE TO EXAMINE HER HEAD OR FACE

12 REGION?

13 A.: YES.

14 Q.: HOW CLOSELY WERE YOU?

15 A.: INCHES.

16 Q.: FOR HOW LONG?

17 A.: SEVERAL MINUTES.

18 Q.: DID YOU GET A CHANCE — WERE YOU LOOKING FOR ANY

19 BUG ACTIVITY ON HER?

20 A.: YES.

21 Q.: HAVE YOU SEEN BUG ACTIVITY IN THE PAST?

22 A.: YES.

23 Q.: HAVE YOU BEEN TRAINED TO TRY TO IDENTIFY BUG

24 ACTIVITY ON CORPSES?

25 A.: YES.

26 Q.: WHAT WERE YOU LOOKING FOR?

27 A.: BASICALLY LOOKING FOR MAGGOTS.

28 Q.: WHY?

8267

1 A.: REALIZING THAT THE IMPORTANCE THAT THEY COULD HAVE

2 IN A CASE LIKE THIS WHERE A BODY HAS BEEN EXPOSED TO THE

3 ELEMENTS FOR SOME TIME, THEY COULD ASSIST — THEIR PRESENCE

4 COULD ASSIST IN DETERMINING A TIME ELEMENT AS HOW LONG THE BODY

5 HAD BEEN THERE.

6 Q.: DID YOU SEE SOME MAGGOTS ON THIS BODY?

7 A.: NOT EXTERNALLY, NO.

8 Q.: INTERNALLY DID YOU SEE SOME?

9 A.: THE EYE ORBITS WERE VACANT. THERE WAS A GELATINOUS

10 MASS INSIDE THE HEAD, AND THERE WAS — WE COULD SEE WITH THE

11 FLASHLIGHT SOME MOVEMENT IN THAT MASS.

12 Q.: HOW MANY MAGGOTS DID YOU SEE?

13 A.: I PERSONALLY REMEMBER SEEING ONE.

14 Q.: WHERE DID IT GO?

15 A.: I BELIEVE MY FORENSIC SPECIALIST KAREN LEALCALA

16 COLLECTED IT.

17 Q.: DO YOU KNOW WHERE IT WENT? INTO THE BODY OR

18 SCURRYING AWAY?

19 A.: NO. IT — SEVERAL TIMES TRYING TO PICK IT OUT WITH

20 A PAIR OF FORCEPS IT WOULD RETREAT BACK INTO THE HEAD. AND I

21 THINK EVENTUALLY SHE WAS ABLE TO GET HOLD OF IT AND RETRACT IT.

22 Q.: YOU ONLY FOUND ONE MAGGOT IN THE EYEBALLS?

23 A.: IN ONE EYE THAT I RECALL, YES.

24 Q.: DID YOU SEE ANY MAGGOTS IN THE MOUTH?

25 A.: NO.

26 Q.: DID YOU SEE ANY MAGGOTS IN THE EARS?

27 A.: NO.

28 Q.: DID YOU SEE ANY MAGGOTS IN OR AROUND THE NOSE

8268

1 REGION?

2 A.: NO.

3 Q.: WAS THAT THE ONLY MAGGOT YOU SAW AROUND THE HEAD OF

4 THIS CHILD?

5 A.: YES.

6 Q.: DID YOU SEE A MAGGOT MASS ANYWHERE NEAR THE HEAD OF

7 THIS CHILD?

8 A.: NO.

9 Q.: HOW ABOUT DURING THE LOWER PORTION OF THIS CHILD?

10 A.: I SAW NO MAGGOTS. I SAW BEETLES IN THE LOWER BODY.

11 Q.: WERE YOU — DID YOU HAVE LIGHTS WITH YOU AT THAT

12 TIME?

13 A.: FLASHLIGHTS, YES.

14 Q.: WAS DR. BLACKBOURNE EVENTUALLY ARRIVING?

15 A.: YES.

16 Q.: DO YOU KNOW ABOUT WHAT TIME HE GOT THERE?

17 A.: ABOUT 10 O’CLOCK AT NIGHT.

18 Q.: DO YOU KNOW IF HE EXAMINED THE BODY ITSELF?

19 A.: YES, HE DID.

20 Q.: HOW DO YOU KNOW HE DID THAT?

21 A.: I WAS PRESENT WHILE HE WAS EXAMINING IT.

22 Q.: WAS IT LIGHT OUT OR DARK OUT WHEN HE WAS DOING

23 THAT?

24 A.: DARK.

25 Q.: DO YOU KNOW WHETHER OR NOT THESE MAGGOTS MOVE WHEN

26 IT’S DARK OUT?

27 MR. BOYCE: OBJECTION, LACK OF FOUNDATION.

28 THE COURT: OVERRULED.

8269

1 YOU CAN ANSWER.

2 THE WITNESS: IT’S MY EXPERIENCE THAT THEY’RE NOT ACTIVE

3 AT NIGHTTIME.

4

5 BY MR. DUSEK:

6 Q.: DO YOU KNOW HOW LONG HE WAS WITH THE BODY BEFORE

7 THE BODY WAS REMOVED?

8 A.: MAYBE 15 TO 20 MINUTES.

9 Q.: AND HOW WAS IT PACKAGED TO BE REMOVED?

10 A.: IT WAS LIFTED SLIGHTLY OFF THE GROUND, A SHEET,

11 LINEN SHEET WAS SLID UNDER IT AND THEN FOLDED UP AROUND THE BODY

12 TO CAPTURE THE BODY AND ANYTHING ON IT OR IN IT.

13 Q.: AND THAT WAS PLACED INTO A ZIPPERED CONTAINER?

14 A.: VINYL POUCH, YES.

15 MR. DUSEK: THANK YOU, SIR.

16 THE COURT: ALL RIGHT.

17 ANY REDIRECT OR, IN THIS CASE, MR. BOYCE, I’LL GIVE

18 YOU WIDE LATITUDE ON CROSS.

19 MR. BOYCE: THANK YOU, YOUR HONOR.

20

21 REDIRECT EXAMINATION +

22 BY MR. BOYCE:

23 Q.: THE MAGGOT THAT YOU DID SEE, YOU WERE OBSERVING

24 THIS AREA WITH A FLASHLIGHT, IS THAT RIGHT?

25 A.: YES. I WAS HOLDING THE LIGHT WHILE KAREN LEALCALA

26 WAS TRYING TO CATCH THE THING.

27 Q.: THE MAGGOT KEPT GOING BACK DOWN TO WHAT APPEARED TO

28 BE A MASS THAT YOU COULD SEE, IS THAT RIGHT?

8270

1 A.: INSIDE THE HEAD, YES.

2 Q.: DID YOU EXAMINE THAT MASS TO DETERMINE WHETHER THAT

3 WAS MAGGOTS OR ANYTHING ELSE?

4 A.: NO, SIR.

5 Q.: SO YOU DON’T KNOW WHETHER IT WAS A MASS OF MAGGOTS

6 OR NOT, DO YOU?

7 A.: NO, I DON’T.

8 Q.: YOUR JOB WASN’T TO COLLECT THE INSECTS, THOUGH, WAS

9 IT?

10 A.: NO, IT WASN’T.

11 Q.: NOW, THE TRAIL THAT YOU HAVE TOLD US ABOUT, THE

12 ODOR OF PUTREFACTION WAS SOME PRETTY APPARENT, WASN’T IT?

13 A.: WE HAD TO GET DOWN ON OUR HANDS AND KNEES AND

14 ACTUALLY SNIFF THE GROUND, BUT ONCE WE DID THAT, WE COULD SMELL

15 IT, YES.

16 Q.: AND YOU’VE IDENTIFIED WHERE YOU THOUGHT THE DRAG

17 MARKS WERE ON EXHIBIT 2, IS THAT RIGHT?

18 A.: YES. I BELIEVE MY — I DON’T HAVE MY REPORTS, BUT

19 I BELIEVE ONE OF MY REPORTS ACTUALLY HAS THE MEASUREMENTS OF THE

20 DRAG MARKS FROM THE BODY ITSELF.

21 Q.: DID YOU MEMORIALIZE WHERE THE DRAG MARKS ACTUALLY

22 WERE, THOUGH?

23 A.: APPROXIMATELY, YES.

24 Q.: AND THE DRAG MARKS, WERE THEY CONSISTENT WITH

25 POSSIBLY A FOOT BEING DRAGGED AWAY?

26 A.: IT SEEMED LIKE THEY WERE PROBABLY, IN MY

27 ESTIMATION, TOO LARGE OF AN AREA FOR A SMALL FOOT TO HAVE CAUSED

28 THAT KIND OF A MARK. I HAD ENVISIONED MORE ALONG THE LINES OF

8271

1 POSSIBLY ENTRAILS.

2 Q.: BUT THERE WAS TOO SMALL FOR AN ENTIRE BODY TO HAVE

3 BEEN DRAGGED ALONG THAT AREA?

4 A.: YES, I BELIEVE SO.

5 Q.: WERE YOU IN CHARGE OF THE SCENE WHILE YOU WERE

6 THERE?

7 A.: YES.

8 Q.: IN YOUR REPORT YOU NOTICED THE EXISTENCE OF

9 MAGGOTS, DIDN’T YOU?

10 A.: YES, I DID.

11 Q.: IN FACT, YOU STATED THE TORSO AND HEAD WERE

12 INFESTED WITH MAGGOTS AND TINY FLIES?

13 A.: YES.

14 Q.: AND THAT WAS BASED UPON YOUR OBSERVATIONS THAT YOU

15 MADE THAT EVENING?

16 A.: BASED ON MY OBSERVATIONS AND MY PAST EXPERIENCE,

17 YES.

18 MR. BOYCE: NOTHING FURTHER, YOUR HONOR.

19 THE COURT: ANYTHING FURTHER?

20

21 RECROSS-EXAMINATION +

22 BY MR. DUSEK:

23 Q.: THE ONE MAGGOT WAS IN THE HEAD?

24 A.: THAT’S ALL I SAW.

25 MR. BOYCE: OBJECTION, MISSTATES THE EVIDENCE.

26 THE COURT: OVERRULED.

27 ///

28 ///

8272

1 BY MR. DUSEK:

2 Q.: THAT’S ALL YOU SAW, RIGHT?

3 A.: THAT’S ALL I SAW.

4 Q.: WHERE WERE THE OTHERS?

5 A.: I’M SORRY?

6 Q.: WHERE WERE THE OTHERS?

7 A.: THAT NIGHT I SAW NO OTHERS. I — THE OTHERS I KNOW

8 FROM THE AUTOPSY RESULTS, BUT PERSONAL KNOWLEDGE I HAVE NONE

9 Q.: AND WHETHER OR NOT THERE IS A MAGGOT MASS IN THE

10 HEAD WOULD BE LEFT FOR DR. BLACKBOURNE TO DETERMINE?

11 A.: YES.

12 Q.: AND YOU DID NOT ATTEND THE AUTOPSY?

13 A.: I WAS NOT AT THE AUTOPSY.

14 Q.: AND YOU DO NOT EVEN KNOW WHAT THAT ONE LITTLE

15 MAGGOT WAS RUNNING TO WHEN HE WAS TRYING TO GET AWAY FROM YOU

16 GUYS?

17 A.: JUST RUNNING AWAY FROM THE FORCEPS. THAT’S ALL I

18 KNOW.

19 Q.: THERE IS NO REASON OF SAYING — NO REASON FOR YOU

20 TO SAY THAT IT WAS A MAGGOT MASS INSIDE THAT HEAD, WAS THERE?

21 A.: ONLY BASED ON MY EXPERIENCE, THAT WHERE THERE’S ONE

22 THERE’S MORE AND —

23 Q.: AND TO FIND OUT IF THERE IS MORE IN THERE, THAT

24 WOULD COME OUT DURING THE AUTOPSY, RIGHT?

25 A.: YES.

26 MR. DUSEK: THANK YOU, SIR.

27 THE COURT: ALL RIGHT.

28 ANYTHING FURTHER, MR. BOYCE?

8273

1 REDIRECT EXAMINATION +

2 BY MR. BOYCE:

3 Q.: WHEN YOU STATED THE TORSO AND HEAD WERE INFESTED

4 WITH MAGGOTS AND TINY FLIES IN YOUR REPORT, THAT WAS PART OF

5 YOUR INVESTIGATION, CORRECT?

6 A.: YES.

7 Q.: AND WHEN YOU INITIALLY ENCOUNTERED THE BODY IT WAS

8 UNDER THE ONLY OAK TREE ON THE FLAT LAND EAST OF THE DRY

9 BRUSH — DRY WASH, IS THAT RIGHT?

10 A.: YES, I BELIEVE SO.

11 Q.: YOU NOTED THE HEAD WAS TO THE SOUTH AND ABOUT 42

12 FEET NORTH OF THE NORTH EDGE OF THE PAVED ROADWAY OF DEHESA,

13 3500 DEHESA ROAD, CORRECT?

14 A.: CORRECT.

15 Q.: YOU NOTED THE LEGS WERE EXTENDED TO THE NORTH WITH

16 ANKLES ABOUT EIGHT INCHES APART, CORRECT?

17 A.: YES.

18 Q.: THE BODY WAS ON ITS BACK AND THE FACE TOWARDS THE

19 EAST?

20 A.: YES.

21 Q.: AND YOU NOTED THE ANGLE OF THE ARMS, CORRECT?

22 A.: YES.

23 Q.: YOU NOTED THE FLESH WAS MISSING FROM VARIOUS AREAS

24 OF THE BODY?

25 A.: CORRECT.

26 Q.: AND THE BODY WAS PARTIALLY DECOMPOSED?

27 A.: CORRECT.

28 Q.: AND THEN YOU MADE THE OBSERVATION THAT THE TORSO

8274

1 AND HEAD WERE INFESTED WITH MAGGOTS AND TINY FLIES?

2 A.: YES.

3 Q.: AND THE ODOR OF PUTREFACTION WAS EVIDENT BUT

4 RELATIVELY MILD AROUND THE BODY?

5 A.: YES.

6 MR. BOYCE: I DON’T HAVE ANYTHING FURTHER, YOUR HONOR.

7 THE COURT: ANYTHING FURTHER?

8 MR. DUSEK: NO.

9 THE COURT: ALL RIGHT.

10 DETECTIVE, I’M JUST GOING TO ASSUME THAT YOU’RE

11 STILL SUBJECT TO RECALL SINCE YOU’RE PRETTY POPULAR AROUND HERE.

12 SO PLEASE REMEMBER THE ADMONITION THAT YOU’RE NOT TO DISCUSS ANY

13 OF YOUR TESTIMONY WITH ANYONE TILL THE MATTER’S CONCLUDED, OTHER

14 THAN AS IT RELATES TO YOUR OFFICIAL DUTIES.

15 THANK YOU FOR COMING IN.

16 MR. FELDMAN: YOUR HONOR, COULD WE SIDEBAR?

17 THE COURT: OH, SURE.

18

19

20 (BENCH CONFERENCE NOT A PART OF PUBLIC RECORD.)

21 –OCC–

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27 (THE FOLLOWING PROCEEDINGS WERE HELD IN
OPEN COURT IN THE PRESENCE OF THE JURY:)
28

8278

1 THE COURT: OPHELIA JUST DISCOVERED THAT ROUTE HOW EASY

2 IT IS. WE’VE BEEN DOING IT ALL THE WRONG WAY.

3 LADIES AND GENTLEMEN, COUNSEL AND I HAVE MET FOR

4 THE PURPOSES OF DISCUSSING SCHEDULING.

5 AS I INDICATED BEFORE I LEFT FOR VACATION, THINGS

6 START MOVING VERY RAPIDLY WHEN YOU GET TO THE END OF THE TRIAL

7 AND, AS YOU ARE WELL AWARE, WE ARE APPROACHING THE END OF THE

8 TRIAL.

9 THERE ARE SOME THINGS THAT THE LAWYERS AND I ARE

10 GOING TO NEED TO DO THAT DO NOT REQUIRE YOUR PRESENCE. BUT IT

11 APPEARS, AND I REALIZE THAT THIS IS VERY SHORT NOTICE, BUT IT

12 APPEARS WE WILL NOT NEED YOU TOMORROW. IN OTHER WORDS, WE WILL

13 NOT BE IN SESSION WITH THE JURY TOMORROW. FOR THOSE OF YOU THAT

14 CAN GET BACK TO WORK, I’M SURE YOUR EMPLOYERS WOULD LOVE TO SEE

15 YOU, BUT YOU WILL NOT BE MAKING THE BIG 15 BUCKS TOMORROW.

16 YOU’RE GOING TO HAVE A DAY OFF. SO WE’RE GOING TO NEED YOU BACK

17 AT 9 O’CLOCK ON WEDNESDAY MORNING.

18 WE’RE GOING TO BE ABLE TO ACCOMPLISH SOME THINGS

19 TOMORROW WITHOUT YOU BEING HERE. BEFORE I LET YOU GO, JUROR 15,

20 YOU DID EXACTLY WHAT WE’VE TOLD YOU TO DO. THE ONLY PROBLEM WAS

21 THE MAGIC TELEPHONE NUMBER WAS NOT MANNED SO WE DIDN’T GET THE

22 MESSAGE YOU WERE GOING TO BE LATE UNTIL AFTER WE WERE IN

23 SESSION. SO I THANK YOU VERY MUCH FOR LETTING US KNOW THAT YOU

24 WERE GOING TO BE LATE AND THAT I WOULD HAVE ACKNOWLEDGED THAT

25 HAD I KNOWN AT THE TIME.

26 ALL RIGHT. LADIES AND GENTLEMEN, PLEASE REMEMBER

27 THE ADMONITION OF THE COURT NOT TO DISCUSS ANY OF THE —

28 JUROR NO. NINE: WHAT ABOUT FRIDAY?

8279

1 THE COURT: WE’RE STILL ON THE SAME SCHEDULE IN TERMS OF

2 FRIDAYS, BECAUSE I’VE COMMITTED THAT TO YOU AND ALSO TO THE

3 LAWYERS. SO FRIDAY WE WILL NOT BE IN SESSION, SO YOU CAN

4 CONTINUE TO MAKE YOUR PERSONAL PLANS BASED ON THE ASSUMPTION

5 YOU’LL HAVE FRIDAY OFF.

6 ANYTHING ELSE BEFORE WE BREAK? ALL RIGHT. PLEASE

7 REMEMBER THE ADMONITION OF THE COURT NOT TO DISCUSS ANY OF THE

8 EVIDENCE OR TESTIMONY AMONG YOURSELVES OR WITH ANY OTHER

9 PERSONS. HAVE A PLEASANT EVENING AND THE DAY OFF TOMORROW.

10 WE’LL SEE YOU WEDNESDAY AT 9:00 A.M. AND MAYBE THE PADS CAN BEAT

11 UP ON L.A. A LITTLE BIT MORE.

12 WE’LL SEE YOU ON WEDNESDAY MORNING.

13 (AT 3:50 P.M. THE JURY WAS EXCUSED
AND THE FOLLOWING PROCEEDINGS WERE HAD:)
14

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

16 AND ALTERNATES HAVE LEFT THE COURTROOM. AS WE DISCUSSED AT

17 SIDEBAR, AMONG THE LOOSE ENDS, MR. FELDMAN, WAS YOUR SUBPOENA —

18 MR. FELDMAN: YES.

19 THE COURT: — TO CHANNEL 8. APPARENTLY DELIVERED JUST

20 NOW PURSUANT TO THAT SUBPOENA APPEARS TO BE A VIDEOTAPE.

21 MR. FELDMAN: YES, YOUR HONOR.

22 THE COURT: NOW WAS IT CHANNEL 8 ONLY THAT WAS TO RESPOND

23 TO THE SUBPOENA OR WERE THERE OTHER MEDIA?

24 MR. BOYCE: THERE WERE OTHER MEDIA, YOUR HONOR, AND THEY

25 DELIVERED TWO OF THE TAPES DIRECTLY TO THE OFFICE.

26 THE COURT: OKAY.

27 ALL RIGHT. BUT IN TERMS OF WHATEVER VALUE THEY MAY

28 BE TO YOU, OR FOR WHATEVER FOUNDATION PURPOSES FOR ANY EXHIBITS,

8280

1 IS THIS PLUS WHAT WAS DELIVERED GOING TO BE SUFFICIENT?

2 MR. BOYCE: YES. I BELIEVE SO, YOUR HONOR.

3 THE COURT: ALL RIGHT. WELL, THEN I’M GOING TO LET YOU

4 FOLKS UNSEAL THIS, AND THEN ARE YOU GOING TO NEED TO MAKE COPIES

5 OF IT OR JUST LEAVE IT HERE?

6 MR. DUSEK: WE NEED A COPY, YOUR HONOR. I BELIEVE THERE

7 HAVE BEEN OTHER COPIES THAT HAVE BEEN PRESENTED TO THE COURT AND

8 I BELIEVE OTHER COPIES RELEASED TO DEFENSE. I DON’T THINK WE’VE

9 RECEIVED OUR COPIES OF THOSE YET. WE NEED TO HAVE THAT QUICKLY

10 TOMORROW.

11 MR. FELDMAN: YOUR HONOR, COUNSEL HAVE WORKED THIS OUT IN

12 THE PAST. WE HAVE NO OBJECTION, WE’LL STIPULATE IF IT’S

13 NECESSARY, TO RELEASE THEM TO MR. CLARKE. THE DA’S OFFICE HAS

14 BEEN MAKING US COPIES, OR AT LEAST HAVE BEEN — WE HAVE NO

15 PROBLEM WITH THAT.

16 THE COURT: ALL RIGHT.

17 SO DO THE PEOPLE HAVE ANY PROBLEM WITH THIS

18 SUBPOENAED VIDEOTAPE BEING RELEASED TO THEM FOR PURPOSES OF

19 PROVIDING COPIES TO THE DEFENSE AND RETURNING THE ORIGINAL TO

20 THE COURT?

21 MR. CLARKE: NO.

22 THE COURT: VERY ACCOMMODATING, MR. CLARKE. I APPRECIATE

23 THAT.

24 ALL RIGHT. LOOSE END NO. 2 IS WE WILL BE

25 DISCUSSING THE PEOPLE’S PROPOSED LIST OF REBUTTAL WITNESSES

26 TOMORROW MORNING. WE CAN DO THAT AT 9 O’CLOCK I ASSUME.

27 MR. FELDMAN: YES, YOUR HONOR.

28 THE COURT: A COUPLE OTHER THINGS. AMONG THE — I DON’T

8281

1 WANT TO SAY MOUNTAIN OF MAIL, BUT IN THE MAIL THE COURT RECEIVED

2 IN THE LAST WEEK WAS A LETTER FROM AN INDIVIDUAL WHO IDENTIFIES

3 HIMSELF IN THE LETTER BUT LEAVES NO OTHER INFORMATION COMMENTING

4 ON HIS OBSERVATIONS OF A PARTICULAR JUROR IN THIS CASE. IT WAS

5 JUROR NUMBER ONE. I’VE BEEN WATCHING THE ENTIRE PANEL

6 THROUGHOUT. I DON’T FIND A WHOLE LOT OF CREDENCE NECESSARILY IN

7 WHAT HIS OBSERVATIONS ARE. BUT, IN ADDITION TO THAT, HE

8 INCLUDES SOME ADDITIONAL MATERIALS. I’M JUST ALERTING YOU TO

9 THE FACT THAT THIS MAY OR MAY NOT BE OF RELEVANCE TO THE TWO

10 SIDES. SO I’LL MAKE IT AVAILABLE SO THAT YOU COULD BOTH REVIEW

11 IT, OR PEGGY CAN MAKE COPIES IF YOU SO DESIRE.

12 IN ADDITION TO THAT, DEPUTY CITY ATTORNEY PAUL

13 COOPER, WHO YOU WILL RECALL IS THE CITY ATTORNEY THAT REPRESENTS

14 THE POLICE DEPARTMENT, AND DID SO IN ALL THE PITCHESS MATTERS,

15 HAS CALLED THE COURT AND REQUESTED AN EX PARTE MEETING TO

16 DISCUSS WHAT I’M ASSUMING IS EITHER NEW MATERIAL AND NEWLY

17 DISCOVERED MATERIAL UNDER THE PITCHESS MOTION THAT WAS

18 PREVIOUSLY HEARD.

19 IN ORDER TO ACCOMMODATE THE COURT’S SCHEDULE AND

20 HIS, I’VE SET THAT FOR 8:30 ON THURSDAY MORNING. WE WILL

21 ARRANGE TO HAVE MR. WESTERFIELD HERE AT THAT TIME SO THAT IF

22 COUNSEL WANT TO MAKE ANY INQUIRIES AND MAKE ANY KIND OF A

23 RECORD, THEY CAN DO SO AT THAT TIME. BUT I AM LETTING YOU KNOW

24 DEPUTY CITY ATTORNEY COOPER WILL BE HERE THURSDAY AT 8:30.

25 AND THAT BEING SAID, AS BEST WE CAN, MR. FELDMAN,

26 TOMORROW I’LL — BASED ON WHAT YOU KNOW ABOUT WHAT WE DISCUSSED

27 AT SIDEBAR —

28 MR. FELDMAN: YES, YOUR HONOR.

8282

1 THE COURT: — I’D LIKE SOME KIND OF ESTIMATE AS TO WHEN

2 YOU ARE GOING TO CONCLUDE ON WEDNESDAY.

3 MR. FELDMAN: I FORGOT TO MENTION AT SIDEBAR ABOUT IT

4 EARLY ON, WE HAD DISCUSSED HAVING, I BELIEVE, IT’S MR. METHVIN.

5 THE COURT: MR. METHVIN IS STILL WORKING ON TRYING TO PUT

6 DOWN ALL OF THE FINAL NUMBERS. HE IS, FOR THE MEDIA’S PURPOSES,

7 OUR NEW JURY COMMISSIONER, AND IS DOING STATISTICS THAT MR.

8 FELDMAN REQUESTED ON THE ENTIRE SUBPOENAED GROUP FOR THE INITIAL

9 JURY SCREENING.

10 IT IS MY UNDERSTANDING THAT THERE ARE ALL BUT

11 APPROXIMATELY 400 SUBPOENAES ACCOUNTED FOR. AND MY HOPE IS THAT

12 WE’LL BE ABLE TO RESOLVE THAT. BUT I WILL CALL HIM TODAY BEFORE

13 WE LEAVE. AND IF WE CAN GET THAT, WE’LL MAKE THAT AVAILABLE.

14 SO THAT WE CAN DO THAT AS WELL AT A TIME WHEN THE JURY DOESN’T

15 NECESSARILY HAVE TO BE HERE.

16 MR. FELDMAN: IT’S JUST A MATTER OF PERFECTING THE

17 RECORD.

18 THE COURT: I UNDERSTAND THAT AND HE DOES, TOO, AND HE

19 UNDERSTANDS THE IMPORTANCE OF GETTING THE WORK DONE. SO WE’LL

20 TRY AND GET AN ANSWER TO THAT TOMORROW.

21 MR. FELDMAN: THANK YOU.

22 THE COURT: ALL RIGHT.

23 ANYTHING ELSE BEFORE TOMORROW MORNING?

24 MR. DUSEK: NO.

25 MR. FELDMAN: THANK YOU, YOUR HONOR.

26 THE COURT: ALL RIGHT. SEE YOU ALL AT 9 O’CLOCK TOMORROW

27 MORNING.

28

8283

1 (AT 3:56 P.M. AN ADJOURNMENT WAS TAKEN
UNTIL 9:00 A.M. TUESDAY, JULY 23, 2002.)
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23071 - July 23th 2002 -Transcript of David Westerfield Trial Day 21 - morning
22073 - July 22nd 2002 -Transcript of David Westerfield Trial Day 20 - afternoon 1