TRIAL DAY 22 – PART 3 – afternoon 1
SAN DIEGO, CALIFORNIA, WEDNESDAY, JULY 24, 2002, 1:33 P.M.
WITNESSES:
David Neal Westerfield (Westerfield’s son – Continued)
Lynn Lang (friend of David Neal Westerfield, testified David Neal Westerfield was at his home the night of Feb 1st 2002) Janette Lenamond (mother of Lynn Lang, testified David Neal Westerfield was at her home the night of Feb 1st 2002) James M. Watkins (recalled to testify about Internet activity from Westerfield’s computer, computer files and David Neal Westerfield)
–O0O–
(THE FOLLOWING OCCURRED OUT OF THE PRESENCE OF THE JURY:
THE COURT: ALL RIGHT. THE RECORD WILL REFLECT THE WESTERFIELD MATTER IS BEFORE THE COURT. MR. WESTERFIELD, COUNSEL ARE PRESENT, AS ARE THE MEDIA AND THE PUBLIC.
LADIES AND GENTLEMEN OF THE MEDIA, AND UNFORTUNATELY I’M TALKING TO THOSE OF YOU THAT I KNOW ARE NOT THE PROBLEM, BUT I NEED TO GET A WORD TO THOSE THAT ARE.
NOT SINCE THIS CASE WAS ASSIGNED TO ME ON THE VERY FIRST DAY WHEN I DESCRIBED A TSUNAMI OF PEOPLE RUSHING TO THIS COURTROOM HAVE I SEEN A FEEDING FRENZY BY THE MEDIA AS I HAVE THIS NOON HOUR IN THEIR EFFORTS TO PHOTOGRAPH NEAL WESTERFIELD. IT IS ABSOLUTELY APPALLING TO THIS COURT. AGAIN, I REALIZE I’M TALKING TO THE LOCAL MEDIA BY AND LARGE, BUT I HAVE NEVER, EVER HEARD OR SEEN ANYTHING LIKE THIS.
THE MEDIA WONDER WHY THIS COURT MAKES THE ORDERS THE WAY IT DOES PRECLUDING YOU FOLKS FROM SOME OF THESE PROCEEDINGS. YOU ARE WITNESSING FIRSTHAND WHY I DO THAT.
I HAVE PRIDED MYSELF IN MY ENTIRE CAREER OF HAVING MY COURTROOM ACCESSIBLE TO THE MEDIA. THIS CASE IS CHANGING ALL OF THAT, AND THIS CONDUCT IS NOT GOING TO HELP. I FEEL SORRY FOR THOSE OF YOU THAT ARE IN THIS COURTROOM BECAUSE YOU’RE NOT THE PROBLEM. THE MEDIA THAT ARE OUT THERE FROM AGENCIES I’VE NEVER EVEN HEARD OF.
I’M GOING TO EXPLAIN THIS EVEN THOUGH I DON’T HAVE TO BECAUSE ONE OF THE NOTES I RECEIVED WAS THAT MISS CUMMINS MIGHT BE ON HER WAY DOWN HERE TO KNOW WHY. IT’S VERY SIMPLE. THIS YOUNG MAN AND HIS FAMILY HAVE REQUESTED THAT THE COURT HONOR HIS RIGHT TO PRIVACY. I DON’T KNOW WHAT’S SO HARD ABOUT THAT TO UNDERSTAND. THIS COURT HAS EXERCISED THAT VERY SAME RIGHT WITH JUVENILES AND ADULTS WHO HAVE MADE THE SAME REQUEST, LAW ENFORCEMENT THAT HAVE MADE THE SAME REQUEST. NEAL WESTERFIELD IS NO DIFFERENT THAN ANY OTHER WITNESS. HE IS ENTITLED IF HE SO ELECTS NOT TO BE FILMED, NOT TO BE SHOWN ON TELEVISION. THE SCUFFLING, THE STAKEOUTS, IF YOU WILL, REMIND ME OF PAPARAZZI FOR SOME IMPORTANT MOVIE STAR.
NOW, NEAL WESTERFIELD WAS FILMED, AND IT WAS SHOWN ON TELEVISION IT HAS BEEN REPORTED TO THIS COURT IN VIOLATION OF THE COURT’S ORDER. I HAVE BEEN ASSURED BY THE PERSON THAT TOOK IT THAT IT WILL NOT SEE THE LIGHT OF DAY.
THE DILEMMA THE COURT HAS IS VERY SIMPLE. I CAN ONLY CONTROL WHAT’S GOING ON IN MY COURTROOM AND ON MY FLOOR AS IT RELATES TO THIS CASE. I CANNOT CONTROL WHAT THE MEDIA IS GOING TO DO WHEN THIS YOUNG MAN IS DONE TESTIFYING TODAY. I KNOW THAT EFFORTS WILL BE MADE AS BEST THE PARTIES CAN, AND I’M TALKING TO BOTH SIDES HERE, THIS IS NOT JUST THE PROSECUTION, BOTH SIDES HAVE MADE THIS REQUEST. OUTSIDE OF MY COURTROOM AND OUTSIDE OF THIS BUILDING I CAN’T CONTROL IT EXCEPT I WILL CONVEY TO YOU THE REQUEST OF BOTH THE PROSECUTION AND THE DEFENSE TO LEAVE THIS YOUNG MAN ALONE AND DON’T FILM HIM.
NOW, HAVING SAID THAT, CAN I DO ANYTHING ABOUT IT? ONLY ON THIS FLOOR AND IN THIS COURTROOM. I AM VENTING. I ADMIT IT. AND I’M VENTING TO THE WRONG PEOPLE. BUT I NEED THE MESSAGE TO GET OUT THAT THIS CONDUCT ON THE PART OF THE MEDIA IS SO DETRIMENTAL TO ACCESS TO THE COURTS THAT IS IS UNBELIEVABLE THE IMPACT IT MAY HAVE NOT ONLY ON THIS CASE BUT IN FUTURE CASES AS WELL.
SO IF THE MEDIA IS SO CONCERNED ABOUT THEIR RIGHT TO ACCESS, THEY NEED ONLY LOOK AT THEIR CONDUCT IN THIS CASE TO KNOW WHY MANY JUDGES WILL NOT TOLERATE ANY OF THIS AT ALL.
HAVING SAID THAT, LET’S GET THE WITNESS.
TURN EVERYTHING OFF.
THE BAILIFF: YOUR HONOR, THEY CAN FILM THE PROCEEDINGS, JUST NOT THE WITNESS, CORRECT?
THE COURT: RIGHT. SAME RULE.
THE BAILIFF: ALL RIGHT.
(END OF PROCEEDINGS OUT OF THE PRESENCE OF THE JURY.)
THE COURT: WELCOME BACK, LADIES AND GENTLEMEN. I APOLOGIZE FOR THE DELAY, BUT THE JUDGE HAD TO VENT A LITTLE BIT THIS AFTERNOON.
ALL RIGHT. MR. DUSEK.
MR. DUSEK: THANK YOU, YOUR HONOR.
DAVID NEAL WESTERFIELD, RESUMED
DIRECT EXAMINATION, CONTINUED BY MR. DUSEK:
Q.: WHEN WE QUIT FOR LUNCH I THINK YOU HAD TOLD US ABOUT THE MEDIA THAT YOU FOUND IN YOUR FATHER’S OFFICE. DID YOU COPY THAT TO ANY OTHER COMPUTERS?
A.: YES.
Q.: WHICH ONES?
A.: TO THE ONE IN MY ROOM.
Q.: THE GATEWAY?
A.: THE GATEWAY.
Q.: IS THAT THE ONLY ONE YOU COPIED IT TO?
A.: YES.
Q.: DID YOU EVER LOOK AT IT AFTER YOU COPIED IT THERE?
A.: YES.
Q.: DO YOU REMEMBER ABOUT WHEN IT WAS THAT YOU FOUND THE LOOSE MEDIA IN YOUR FATHER’S ROOM?
A.: I DON’T REMEMBER.
Q.: IN THE COMPUTER SYSTEM THAT YOU WERE USING THAT YOU HAD ACCESS TO, WERE THERE TIMES WHEN YOU APPLIED FOR MEMBERSHIP IN CERTAIN SORT OF COMPUTER SERVICES?
A.: YES.
Q.: WHAT TYPE?
A.: I APPLIED FOR MEMBERSHIP IN SOME PORNOGRAPHY SITES, SOME PUBLIC FORUMS, AND FOR E-MAIL SERVICES.
Q.: THE APPLYING FOR THE PORNO. SITES, WHAT DO YOU MEAN BY THAT? WHAT ARE YOU SEEKING, AND WHAT DID YOU GET?
A.: I WAS SEEKING FOR FREE PORNOGRAPHY.
Q.: ALL RIGHT.
AND TO DO THAT, WHAT DO YOU HAVE TO DO?
A.: USUALLY IT CONSISTED OF GOING THROUGH THEIR SITE, GIVING THEM MY E-MAIL ADDRESS, AND THEN REPLYING TO THEIR
E-MAIL.
Q.: ALL RIGHT.
WHICH COMPUTERS WOULD YOU USE TO DO THAT?
A.: THE HEWLETT-PACKARD ON THE RIGHT.
Q.: IN THE OFFICE?
A.: IN THE OFFICE.
Q.: WHEN DID YOU DO THAT; WERE YOU ABLE TO ESTIMATE FOR
US?
A.: I WOULD ESTIMATE MAYBE A YEAR AGO.
Q.: A YEAR AGO?
A.: NOT FROM — I’M SORRY. NOT A YEAR AGO FROM NOW, BUT A YEAR AGO FROM THE START OF THIS YEAR.
Q.: START OF THIS —
A.: 2000.
Q.: SO IT WOULD BE EARLY 2000?
A.: YES.
Q.: DID YOU DO THAT ON ONE OR MORE OCCASIONS FOR THE PORNOGRAPHIC STUFF?
A.: MORE OCCASIONS.
Q.: WAS IT ALL AROUND THAT EARLY 2000 TIME PERIOD?
A.: I BELIEVE SO.
Q.: THE OTHER THING YOU SAID YOU APPLIED FOR WOULD BE PUBLIC FORUMS?
A.: YES.
Q.: WHAT’S THAT?
A.: DISCUSSION FORUMS FOR RECENT HAPPENINGS.
Q.: TO GAIN ACCESS TO THOSE PUBLIC FORUMS, WHAT DO YOU HAVE TO DO?
A.: THE SAME AS BEFORE. YOU SUBMIT YOUR E-MAIL ADDRESS, THEY SEND YOU SOMETHING, AND THEN YOU REPLY TO IT.
Q.: DO YOU HAVE TO USE ANY SORT OF PASSWORDS OR CODE NAMES FOR THAT?
A.: YOU USUALLY HAVE TO SUPPLY A USER NAME AND A PASSWORD.
Q.: WHAT WOULD THE USER NAME BE?
A.: IN MY CASE IT WOULD USUALLY BE D. N. WEST OR IN THE CASE OF THE PORNOGRAPHY SITES I WOULD USE SOME RANDOM NAME.
Q.: AND FOR THE E-MAILS WHAT DID YOU APPLY FOR THERE?
A.: I HAD APPLIED FOR THE D. N. WEST AT HOT MAIL DOT COM. AND FOR I’M SURE I HAD APPLIED TO OTHER E-MAIL ADDRESSES.
Q.: THOSE WOULD BE E-MAIL ACCESS FOR YOU?
A.: YES.
Q.: DID YOU HAVE TO USE A NAME OR A PASSWORD FOR THAT APPLICATION?
A.: USUALLY.
Q.: DO YOU RECALL WHAT YOU USED?
A.: NO. I RARELY USED THEM. I CAN’T REMEMBER A TIME WHICH I DID.
Q.: DID YOU HAVE TO USE ANY NAMES OR CODE NAMES OR PASSWORDS FOR THE PORNOGRAPHIC APPLICATION THAT YOU MADE?
A.: YES.
Q.: DO YOU RECALL WHAT, IF ANYTHING, YOU USED?
A.: LIKE I SAID, USUALLY FOR THE PORNOGRAPHY PAGES I USED SOMETHING RANDOM. LIKE I REMEMBER USING BOB DOLE ONCE. JUST RANDOM NAMES THAT I PICKED OFF THE STUFF THAT WAS. . .
Q.: ALL RIGHT.
LET ME DIRECT YOUR ATTENTION TO THE EVENING OF FEBRUARY 4TH, MONDAY. THAT WAS THE MONDAY I BELIEVE IT WAS. AND YOU SAID AT ONE POINT IN TIME YOU WENT OUT TO DO SOME ERRANDS AND YOUR FATHER LEFT WHILE YOU WERE GONE. IS THAT CORRECT?
A.: YES.
Q.: ABOUT WHAT TIME DID YOU SEE YOUR FATHER AGAIN?
A.: THAT EVENING. ABOUT MIDNIGHT.
Q.: ALL RIGHT.
WHAT WERE YOU DOING WHEN YOU HAD CONTACT WITH HIM?
A.: I HAD BEEN AWOKEN FROM SLEEP, PUT ON SOME CLOTHES, AND SOMEONE WAS BANGING ON THE DOOR.
Q.: ALL RIGHT.
YOU HAD ALREADY GONE TO BED?
A.: YES.
Q.: ON THAT DATE OF FEBRUARY 4TH, DID YOU ACCESS ANY PORNOGRAPHY?
A.: I DON’T REMEMBER DOING SO.
Q.: HAVE YOU BEEN SHOWN ANY DOCUMENTS THAT MIGHT TEND TO INDICATE YOU WERE?
A.: YES.
Q.: WHAT WERE YOU SHOWN, DO YOU RECALL?
A.: I WAS SHOWN DATED PHOTOGRAPHS OF — I WAS SHOWN DOCUMENTS THAT PROVED THAT I HAD BEEN ACCESSING SOMETHING OF PORNOGRAPHIC NATURE ON THAT DAY.
Q.: WHO SHOWED YOU THESE DOCUMENTS PROVED YOU WERE ACCESSING PORNOGRAPHIC MATERIAL?
A.: I’M SORRY.
Q.: WHO SHOWED YOU THESE DOCUMENTS THAT SUPPOSEDLY PROVED YOU WERE ACCESSING —
A.: MR. FELDMAN DID.
Q.: DO YOU RECALL WHAT THEY WERE?
A.: THEY WERE SCREEN SHOTS FROM A PROGRAM I WOULD ASSUME THAT ACCESSES FILES THAT ARE AUTOMATICALLY STORED ON THE HARD DRIVE.
Q.: AND HE TOLD YOU WHAT THEY PROVED?
A.: YES.
Q.: UP UNTIL THAT TIME AND EVEN NOW, DO YOU RECALL ACCESSING ANY PORNOGRAPHY ON THE 4TH OF FEBRUARY?
A.: NO.
(DISCUSSION OFF THE RECORD BETWEEN MR. DUSEK AND MR. CLARKE.)
BY MR. DUSEK:
Q.: IN THE MATERIALS THAT YOU HAVE ACCESSED OVER TIME, WERE THERE ANY SMALL CHILDREN, ELEMENTARY SCHOOL-AGE CHILDREN?
A.: NO.
Q.: ANY YOUNG TEENS THAT YOU SAW OR WERE THEY ALL ADULT WOMEN?
A.: THEY LOOKED ALL TO BE ADULT WOMEN.
Q.: DO THE INITIALS I. E. A. MEAN ANYTHING TO YOU?
A.: NO.
Q.: IS THAT ANYTHING THAT YOU EVER USED TO LABEL, CATEGORIZE, OR ORGANIZE ANY OF YOUR COMPUTER WORK?
A.: NO.
Q.: HOW ABOUT THE NAME SPECTRUM. YOU’VE TOLD US THAT’S THE NAME OF YOUR FATHER’S BUSINESS, IS THAT CORRECT?
A.: SPECTRUM DESIGN IS THE NAME OF HIS BUSINESS.
Q.: HAVE YOU EVER USED THAT LABEL TO CATEGORIZE, ORGANIZE, IDENTIFY ANY OF YOUR COMPUTER WORK?
A.: ONLY WORK THAT I HAVE DONE FOR HIM, FOR HIS BUSINESS.
Q.: ALL RIGHT.
YOU MENTIONED THAT YOU HAD A LAPTOP COMPUTER. IS THAT CORRECT?
A.: YES.
Q.: AND DID YOU LOSE CUSTODY OF THAT LAPTOP TO LAW ENFORCEMENT?
A.: YES.
Q.: WHEN WAS THAT?
A.: THAT TUESDAY, FEBRUARY THE 5TH IT WOULD BE.
Q.: I DON’T THINK I FINISHED THE DAY. I APOLOGIZE.
YOU SPOKE WITH US EARLIER ABOUT PEOPLE KNOCKING ON YOUR FRONT DOOR AND AWAKING YOU IN THE EVENING OF FEBRUARY 4TH GOING INTO FEBRUARY 5TH, IS THAT RIGHT?
A.: YES.
Q.: WHEN YOU HEARD THE KNOCK, WHERE DID YOU GO?
A.: I WENT DOWNSTAIRS TO ANSWER THE DOOR.
Q.: WHO WAS THERE?
A.: A POLICE PERSON.
Q.: DID THEY TELL YOU WHAT YOU HAD TO DO?
A.: HE SAID THAT I HAD TO GRAB MY WALLET, PUT SOME SHOES ON, AND LEAVE THE PREMISES.
Q.: DID YOU DO THAT?
A.: YES.
Q.: WHAT DID YOU GATHER UP BEFORE YOU LEFT?
A.: I GATHERED MY WALLET, KEYS, PUT A SHIRT ON.
Q.: DID YOU ASK IF YOU COULD TAKE ANY OF YOUR SCHOOL WORK OR COMPUTER EQUIPMENT?
A.: I DID ASK THAT, YES.
Q.: WHY DID YOU NEED IT?
A.: FOR SCHOOL THE NEXT DAY.
Q.: WHAT DID THE POLICE TELL YOU?
A.: THEY SAID I COULDN’T TAKE ANYTHING.
Q.: DID YOU TAKE IT?
A.: NO.
Q.: WHEN YOU LEFT THE HOUSE, DID YOU SEE YOUR FATHER?
A.: YES.
Q.: WHERE WAS HE?
A.: HE WAS STANDING IN THE GARAGE WITH THE POLICE PERSONS.
Q.: WHERE DID YOU GO ONCE YOU LEFT THE PREMISES?
A.: YOU MEAN AFTER I DROVE AWAY?
Q.: YES.
A.: I WENT OVER TO MY MOTHER’S HOUSE.
Q.: OKAY.
AND DID YOU HAVE YOUR LAPTOP WITH YOU AT THAT TIME?
A.: NO.
Q.: WHERE WAS YOUR LAPTOP AT THAT TIME?
A.: UPSTAIRS IN THE HOUSE.
Q.: WHOSE HOUSE?
A.: IN MY FATHER’S HOUSE.
Q.: DO YOU KNOW WHEN LAW ENFORCEMENT SEIZED THAT LAPTOP?
MR. FELDMAN: FOUNDATION. OBJECTION.
THE COURT: IF IT’S WITHIN YOUR PERSONAL KNOWLEDGE, YOU MAY ANSWER.
THE WITNESS: I DO NOT KNOW SPECIFICALLY WHEN.
BY MR. DUSEK:
Q.: WHEN WAS THE NEXT TIME YOU GOT IT BACK?
A.: SOME TIME IN MARCH.
Q.: DID YOU CHECK TO SEE IF WHETHER OR NOT THE LAPTOP HAD BEEN ALTERED, CHANGED, MODIFIED IN ANY SORT OF WAY?
A.: YES.
Q.: WHY?
A.: FELDMAN HAD ASKED ME TO DO SO.
Q.: DID YOU?
A.: YES.
Q.: DID YOU NOTICE WHETHER OR NOT LAW ENFORCEMENT HAD ALTERED, CHANGED, OR MODIFIED THE LAPTOP?
A.: NO FILES WERE ALTERED, MODIFIED, OR OPENED. WELL, I DON’T KNOW IF THEY WERE OPENED, BUT NO FILES WERE MODIFIED DURING THAT TIME.
Q.: WERE YOU ASKED TO DO ANYTHING ELSE?
A.: YES.
Q.: WHAT WERE YOU ASKED TO DO?
A.: I WAS ASKED TO SEE IF I COULD GET A PASSWORD FROM ONE OF THE — FROM A WEB SITE THAT I SUPPOSEDLY WENT TO.
Q.: DID YOU KNOW WHAT THE PASSWORD WAS?
A.: NO.
Q.: WERE YOU GIVEN THE PASSWORD?
A.: NO.
Q.: DID YOU AGREE — WHO ASKED YOU TO DO THAT?
A.: FELDMAN.
Q.: WHAT DID YOU DO?
A.: I DID NOT DO IT.
Q.: DID YOU SPEAK WITH ANYBODY BEFORE YOU DECIDED NOT TO DO IT?
A.: YES.
Q.: WHO?
A.: MY MOTHER.
Q.: WHY DIDN’T YOU DO IT?
MR. BOYCE: OBJECTION. RELEVANCE.
THE COURT: SUSTAINED.
BY MR. DUSEK:
Q.: THE INFORMATION THAT YOU PROVIDED US HERE TODAY ABOUT FINDING THE LOOSE MEDIA WITH THE PORNOGRAPHY IN YOUR FATHER’S OFFICE, DID YOU TELL LAW ENFORCEMENT ABOUT THAT?
JUROR NUMBER 13: HAVE TO GO TO THE BATHROOM.
THE COURT: HAVE TO TAKE A BREAK. HANDS ARE IN THE AIR.
LADIES AND GENTLEMEN, WE ARE GOING TO TAKE A QUICK BREAK.
PLEASE REMEMBER THE ADMONITION OF THE COURT NOT TO DISCUSS ANY OF THE EVIDENCE OR TESTIMONY AMONG YOURSELVES OR WITH OTHERS, NOR FORM OR EXPRESS ANY OPINIONS ON THE CASE UNTIL IT IS SUBMITTED TO YOU FOR DECISION.
CAN WE MAKE IT A QUICK ONE?
JUROR NUMBER 13: YES.
THE COURT: ALL RIGHT. 2:00 O’CLOCK. 2:00 O’CLOCK, FOLKS.
(RECESS, 1:50 O’CLOCK, P.M., TO 2:02 O’CLOCK, P.M.)
THE COURT: WELCOME BACK, LADIES AND GENTLEMEN.
ALL RIGHT. MR. DUSEK.
BY MR. DUSEK:
Q.: I THINK I HAD JUST TWO AREAS TO COVER WHEN WE BROKE. THE FIRST IS THAT YOU DESCRIBED FOR US WHAT YOU FOUND IN THE OFFICE, THE LOOSE MEDIA. DID YOU RELATE THAT TO LAW ENFORCEMENT?
A.: YES.
Q.: AND YOU WERE TAPED INTERVIEWED WHEN THEY SPOKE WITH YOU?
A.: I BELIEVE SO.
Q.: AND YOU SAW THAT IN THE POLICE REPORTS THAT WE PROVIDED YOU?
A.: YES.
Q.: DID YOU ALSO ADVISE THE DEFENSE ATTORNEYS OF THAT SAME INFORMATION?
A.: YES.
Q.: HOW LONG AGO?
A.: I COULDN’T TELL YOU. I DON’T KNOW.
MR. DUSEK: ALL RIGHT. THANK YOU, SIR.
THE COURT: ALL RIGHT.
CROSS-EXAMINATION.
MR. FELDMAN: NO QUESTIONS. THANK YOU, YOUR HONOR.
THE COURT: ALL RIGHT.
IS THIS WITNESS TO BE EXCUSED?
MR. FELDMAN: SUBJECT TO RECALL, BUT YES.
THE COURT: SUBJECT TO RECALL.
MR. FELDMAN: WELL, FOR EVIDENTIARY ISSUES, YOUR HONOR, BUT NOT. . .
THE COURT: ALL RIGHT.
MR. WESTERFIELD, YOUR TIME WITH US IS DONE. YOU MAY BE RECALLED, BUT I WANT TO REMIND YOU YOU ARE UNDER A COURT ORDER NOT TO DISCUSS YOUR TESTIMONY WITH ANYONE UNTIL THE MATTER IS CONCLUDED. OKAY?
THE WITNESS: YES.
THE COURT: ALL RIGHT. YOU ARE FREE TO LEAVE AT THIS TIME.
THE WITNESS: THANK YOU VERY MUCH.
(THE WITNESS WAS EXCUSED.)
THE COURT: ALL RIGHT. MR. DUSEK.
MR. DUSEK: LYNN LANG.
THE COURT: ALL RIGHT.
LYNN LANG,
CALLED AS A WITNESS BY THE PLAINTIFF, HAVING BEEN DULY SWORN, TESTIFIED AS FOLLOWS:
THE CLERK: SIR, PLEASE STATE YOUR NAME AND SPELL IT FOR THE RECORD.
THE WITNESS: LYNN LANG. L-Y-N-N L-A-N-G.
THE COURT: ALL RIGHT. MR. LANG, YOU ARE VERY SOFT-SPOKEN, SO WOULD YOU SCOOT UP A LITTLE BIT AND PULL THE MICROPHONE DOWN SO EVERYBODY CAN HEAR WHAT YOU HAVE TO SAY. THANK YOU.
THE WITNESS: MY NAME IS LYNN LANG. L-Y-N-N L-A-N-G.
DIRECT EXAMINATION BY MR. DUSEK:
Q.: HOW OLD ARE YOU, MR. LANG?
A.: NINETEEN.
Q.: DO YOU GO TO SCHOOL?
A.: M-HM. PALOMAR.
Q.: WHAT YEAR ARE YOU AT PALOMAR?
A.: IT’S MY FIRST SEMESTER.
Q.: WHAT ARE YOU STUDYING OUT THERE; WHAT ARE YOU TRYING TO BE?
A.: I’M TRYING TO AIM FOR A COMPUTER SCIENCE. I’M NOT SURE WHAT I WANT TO DO YET. SO. . .
Q.: DO YOU KNOW A FELLOW BY THE NAME OF NEAL WESTERFIELD?
A.: YES, I DO.
Q.: HOW DO YOU KNOW HIM?
A.: HE’S ONE OF MY FRIENDS. HE’S IN OUR GROUP.
Q.: HE’S WHAT?
A.: HE’S ONE OF MY FRIENDS. HE’S IN OUR GROUP.
Q.: HOW LONG HAVE YOU KNOWN HIM?
A.: SINCE SIXTH GRADE.
Q.: WHAT PART OF THE COUNTY DO YOU LIVE IN?
A.: POWAY.
Q.: I WOULD LIKE TO DIRECT YOUR ATTENTION BACK TO SUPER BOWL WEEKEND, FEBRUARY 1ST, THE YEAR 2000. GOING BACK TO THAT WEEKEND, DID YOU GET TOGETHER WITH YOUR GROUP OF FRIENDS? 2002. I’M SORRY. 2002.
A.: FEBRUARY 1ST?
Q.: YES.
A.: YEAH.
Q.: THAT WOULD HAVE BEEN A FRIDAY NIGHT?
A.: M-HM.
Q.: HOW DID YOU GUYS GET TOGETHER THAT NIGHT?
A.: I HELD A PARTY AT MY HOUSE AT I THINK 4:00 O’CLOCK.
Q.: WHAT KIND OF PARTY ARE WE TALKING ABOUT?
A.: VIDEO GAMES.
Q.: GUYS AND GALS?
A.: NO. JUST — THERE WAS ONE GIRL.
Q.: OKAY.
HOW MANY PEOPLE SHOWED UP?
A.: I BELIEVE SIX TO EIGHT.
Q.: ALL FRIENDS OF YOURS?
A.: M-HM.
Q.: YOU HAVE TO ANSWER WITH WORDS.
A.: OKAY.
Q.: YES OR NO RATHER THAN UH-HUH. HE CAN’T WRITE DOWN THE UH-HUHS.
HOW DID YOU GET THE WORD OUT TO YOUR FRIENDS THAT THE GUYS WERE GOING TO GATHER AT YOUR PLACE?
A.: I CALLED THEM.
Q.: WAS NEAL WESTERFIELD ONE OF THOSE PEOPLE?
A.: YES.
Q.: DO YOU REMEMBER THE NAME OF THE OTHER PEOPLE?
A.: YES.
Q.: ALL RIGHT.
ARE YOU ABLE TO TELL US ABOUT WHAT TIME NEAL WESTERFIELD ARRIVED?
A.: I BELIEVE AROUND 6:00 PROBABLY.
Q.: WHAT DID YOU GUYS DO THAT EVENING?
A.: PLAYED VIDEO GAMES, WATCHED SOME ANIME’.
Q.: WHAT’S ANIME’?
A.: IT’S A CARTOON, JAPANESE CARTOONS.
Q.: NAKED PEOPLE ON THERE?
A.: (THE WITNESS SHOOK HIS HEAD.)
Q.: YOU HAVE TO ANSWER WITH WORDS.
A.: SORRY.
ANIME’ IS NOT KNOWN FOR NUDITY, BUT THERE IS SOME.
Q.: WOULD THIS BE CONSIDERED PORNOGRAPHY OR — THAT YOU WERE LOOKING AT?
A.: NO. NO.
Q.: WHERE DID YOU GET IT?
A.: DAVE RENTED IT OR NEAL RENTED IT AT HOLLYWOOD VIDEO.
Q.: DID YOU GUYS EAT AT YOUR PLACE?
A.: YES. WE ORDERED FROM PIZZA HUT I BELIEVE.
Q.: DO YOU DO ANY DRINKING?
A.: NO. WE DON’T DRINK.
Q.: HOW ABOUT COKES OR THAT KIND OF STUFF?
A.: YEAH. WE DRINK ONLY SOFT DRINKS.
Q.: NO ALCOHOL?
A.: NO.
Q.: DID ANYBODY SPEND THE NIGHT?
A.: YEAH. I BELIEVE EVERYBODY THAT SHOWED UP EXCEPT FOR THE GIRL.
Q.: OKAY.
HOW LATE WERE YOU GUYS UP THAT NIGHT?
A.: I BELIEVE PROBABLY ‘TIL LIKE ‘TIL OVER 1:00.
Q.: THEN WHAT HAPPENED? DID YOU GO TO BED?
A.: YEAH.
Q.: WERE ANY PARENTS THERE THAT EVENING?
A.: YES. MY MOM AND DAD.
Q.: ONCE THE GROUP SHOWED UP AT THE HOUSE, DID ANYBODY LEAVE AT ANY TIME THAT EVENING?
A.: NO.
Q.: HOW ABOUT THE NEXT MORNING, WHEN THE — ALL YOU GUYS WOKE UP, ABOUT WHAT TIME WAS THAT?
A.: I BELIEVE 8:00, 9:00.
Q.: THEN WHAT DID YOU GUYS DO?
A.: I GUESS PLAYED MORE VIDEO GAMES.
Q.: DO YOU KNOW HOW LONG NEAL WESTERFIELD HUNG AROUND YOUR HOUSE THAT MORNING?
A.: I THINK AROUND 1:00 OR 3:00.
Q.: WERE YOU KEEPING TRACK OF TIME?
A.: NO.
Q.: DO YOU KNOW HOW HE GOT THERE TO YOUR PLACE?
A.: I THINK HIS, I BELIEVE HIS —
MR. BOYCE: OBJECTION. SPECULATION.
THE COURT: IF IT’S BASED ON YOUR PERSONAL KNOWLEDGE, YOU MAY ANSWER. OTHERWISE, INDICATE YOU DON’T KNOW.
THE WITNESS: OKAY.
BY MR. DUSEK:
Q.: DID YOU ACTUALLY SEE HIM ARRIVE AT YOUR HOUSE?
A.: YES.
Q.: DO YOU KNOW WHAT TYPE OF VEHICLE HE CAME IN OR WHOSE VEHICLE?
A.: I BELIEVE HIS MOM’S CAR.
Q.: DID YOU ACTUALLY SEE HIM LEAVE THE HOUSE?
A.: YES.
Q.: OKAY.
WAS YOUR MOM STILL PRESENT WHEN HE LEFT?
A.: I DON’T REMEMBER.
Q.: DID YOU SEE HIM ANY FURTHER THAT WEEKEND, LIKE ON SUNDAY OR MONDAY?
A.: NO. NO.
Q.: DID YOU SEE HIM AGAIN SATURDAY NIGHT AT ALL?
A.: NO.
MR. DUSEK: THANK YOU, SIR.
THE COURT: ALL RIGHT.
CROSS-EXAMINATION.
MR. FELDMAN: NO QUESTIONS.
THE COURT: ALL RIGHT.
IS THIS WITNESS TO BE EXCUSED?
MR. FELDMAN: NO OBJECTION.
THE COURT: ALL RIGHT.
THANK YOU, SIR, FOR COMING IN. YOU ARE FREE TO LEAVE.
HOWEVER, REMEMBER YOU’RE UNDER AN ADMONITION NOT TO DISCUSS YOUR TESTIMONY WITH ANYONE UNTIL THE MATTER IS CONCLUDED. OKAY?
THE WITNESS: ALL RIGHT.
THE COURT: ALL RIGHT. THANK YOU FOR COMING IN.
(THE WITNESS WAS EXCUSED.)
MR. DUSEK: JANETTE LENAMOND.
JANETTE LENAMOND,
CALLED AS A WITNESS BY THE PLAINTIFF, HAVING BEEN DULY SWORN, TESTIFIED AS FOLLOWS:
THE CLERK: MA’AM, WOULD YOU PLEASE STATE YOUR NAME AND SPELL IT FOR THE RECORD.
THE WITNESS: OKAY. MY NAME IS JANETTE LENAMOND.
J-A-N-E-T-T-E. LENAMOND, L-E-N-A-M-O-N-D.
/ / /
/ / /
DIRECT EXAMINATION
BY MR. DUSEK:
Q.: IS IT MRS. LENAMOND
A.: YES. YES, SIR.
Q.: WHAT PART OF THE COUNTY DO YOU LIVE IN?
A.: POWAY.
Q.: HOW LONG HAVE YOU LIVED THERE?
A.: APPROXIMATELY IT WILL BE EIGHT YEARS IN DECEMBER.
Q.: DO YOU HAVE ANY CHILDREN?
A.: LOTS. FOUR.
Q.: IS ONE OF THEM LYNN LANG WHO JUST LEFT THE COURT?
A.: YES, SIR.
Q.: BACK IN FEBRUARY DID HE LIVE WITH YOU?
A.: YES, HE DID.
Q.: DID HE GO TO SCHOOL?
A.: YES, HE DID.
Q.: WHERE?
A.: POWAY HIGH SCHOOL.
Q.: DO YOU KNOW HIS FRIENDS?
A.: YES, I DO.
Q.: DO YOU KNOW AN INDIVIDUAL BY THE NAME OF NEAL WESTERFIELD?
A.: YES, SIR.
Q.: HOW DO YOU KNOW HIM?
A.: MY SON’S ALWAYS HAD BIRTHDAY PARTIES SINCE LIKE SIX YEARS AGO, AND USUALLY ON HIS BIRTHDAY HE’S HAD A GET-TOGETHER FOR HIS BIRTHDAY TO WATCH VIDEOS, HAVE PIZZA, CHIPS, SODA.
Q.: HOW GOOD A FRIENDS IS YOUR SON LYNN WITH NEAL WESTERFIELD?
A.: HE’S PRETTY GOOD FRIENDS WITH HIM. WITH A BUNCH OF OTHER BOYS, TOO, THAT ALWAYS COME OVER TOGETHER.
Q.: LET ME DIRECT YOUR ATTENTION BACK TO FEBRUARY 1ST OF THIS YEAR.
A.: M-HM.
Q.: SUPER BOWL WEEKEND. FEBRUARY 1ST BEING A FRIDAY. WERE YOU AT HOME THAT WEEKEND, THAT FRIDAY NIGHT?
A.: ON FRIDAY I HAD TO WORK DURING THE DAY, RANCHO BERNARDO INN, AND THEN I WENT TO MY SECOND JOB WHICH IS THE CONVENTION CENTER OR YOU COULD SAY FOOD SERVICES OF AMERICA. I WORKED EIGHT HOURS AT RANCHO BERNARDO, AND THEN I DROVE DOWNTOWN. AT APPROXIMATELY 2:30 I STARTED WORK, AND I WORKED ‘TIL APPROXIMATELY 7:30.
Q.: 7:30 AT NIGHT?
A.: THAT NIGHT, YES, SIR.
Q.: AND AFTER YOU GOT OFF WORK AT 7:30 AT NIGHT, DID YOU GO HOME?
A.: YES, SIR.
Q.: WAS THERE A GROUP AT YOUR HOUSE?
A.: YES.
Q.: WHO WAS THERE?
A.: OH, GEES. LET ME SEE. THERE WAS WES, NEAL LYNN, MY SON. SCHUYLER. I THINK I FORGOT ALEX, BUT I THINK ALEX WAS THERE. AND ALSO BRIAN DANIELS’ GIRLFRIEND SHERRY. IT WAS HER FIRST WORK TIME.
Q.: DID YOU KNOW ALL OF THESE KIDS?
A.: PRETTY MUCH, YES, SIR.
Q.: DID YOU KNOW THAT THEY WERE GOING TO BE AT THE HOUSE THAT NIGHT?
A.: YES.
Q.: HOW DID YOU KNOW THAT?
A.: BECAUSE ANY TIME THEY HAD A PARTY, THEY ALL TRIED TO GET TOGETHER AND MAKE SURE EVERYBODY COULD GO TO THE PARTY.
Q.: WAS THERE A GIRL NAMED DANIELLE?
A.: NO.
Q.: ALL RIGHT.
WHAT WERE THEY DOING WHEN YOU GOT HOME?
A.: JUST WATCHING VIDEOS, PLAYING VIDEOS, HANGING OUT IN THE LIVING ROOM.
Q.: DID YOU REMAIN AT HOME FROM THE TIME YOU GOT THERE UNTIL THE FOLLOWING MORNING?
A.: YES, SIR.
Q.: DO YOU KNOW IF THE KIDS REMAINED THERE?
A.: YES.
Q.: HOW ABOUT THE GIRL?
A.: NO. SHE LEFT. I TOLD MY SON I DON’T WANT HER SLEEPING OVER. I SAID NO WAY. NOT THOSE GUYS AND HER.
Q.: WAS THERE ANY FOOD PROVIDED?
A.: YES. WE ALWAYS HAD MUNCHIES. SODAS. NO BEER. PIZZA, I DON’T KNOW IF THEY ORDERED OR NOT. BECAUSE I CAN’T REMEMBER.
Q.: YOU ACTUALLY SAW NEAL WESTERFIELD THERE THAT NIGHT?
A.: YES, SIR.
Q.: WHAT HAPPENS AT BEDTIME?
A.: WELL, I GO TO BED. AND THEN I SLEEP. THEY STAY UP. WHEN THEY WERE REALLY SMALL, THEY WOULD ALWAYS ALL BE UP IN THE MORNING STILL PLAYING GAMES, BUT AS THEY HAVE GOTTEN OLDER, THEY’RE SLEEPING, TOO.
Q.: IN THE MORNING DO YOU RECALL HOW LATE THEY SLEPT IN?
A.: OH, I WENT TO GET DONUTS IN THE MORNING, SO THEY ALL
— SOME OF THEM STAY UP AND SOME OF THEM SLEEP. SO. . .
Q.: DID YOU SEE NEAL WESTERFIELD IN THE MORNING?
A.: YES, SIR.
Q.: HOW LONG DID HE HANG AROUND THE HOUSE BEFORE HE LEFT?
A.: OH, I THINK IT WAS IN THE AFTERNOON, PROBABLY ABOUT 1:00 OR 2:00 IF I CAN CORRECTLY REMEMBER. IT WAS IN THE AFTERNOON.
Q.: DO YOU KNOW IF HE GOT LUNCH AT YOUR PLACE?
A.: OH, GEES, I CAN’T REMEMBER THAT, EVERYTHING. IT WAS A WHILE AGO.
Q.: AND FROM THE TIME THAT HE LEFT AT 1:00 OR 2:00 IN THE AFTERNOON, DID YOU SEE HIM AGAIN AT ANY TIME THAT WEEKEND?
A.: NO. ACTUALLY I HAD A WEDDING TO GO TO UP IN JULIAN, SO I LEFT I THINK ABOUT 4:00 O’CLOCK IN THE AFTERNOON TO GO UP THERE.
Q.: AND HE WAS GONE BY THAT TIME?
A.: YES.
MR. DUSEK: THANK YOU, MA’AM.
THE COURT: ALL RIGHT.
CROSS-EXAMINATION.
/ / /
/ / /
/ / /
CROSS-EXAMINATION
BY MR. FELDMAN:
Q.: GOOD MORNING. I’M SORRY. GOOD AFTERNOON.
A.: GOOD AFTERNOON.
Q.: WERE YOU SURPRISED TO SEE NEAL WESTERFIELD AT YOUR HOUSE THAT EVENING?
A.: WELL, I HAD A CONFLICT WITH MY SON. I THOUGHT HE WAS SUPPOSED TO GO WITH HIS DAD CAMPING, BUT —
MR. DUSEK: OBJECTION. HEARSAY.
THE COURT: SUSTAINED.
MR. DUSEK: ASK THE ANSWER BE STRICKEN.
THE COURT: THE JURY IS TO DISREGARD THE LAST ANSWER.
BY MR. FELDMAN:
Q.: BEFORE YOU CAME TO THE COURT TODAY YOU WERE INTERVIEWED BY THE OFFICE OF THE DISTRICT ATTORNEY, IS THAT RIGHT?
A.: YES, SIR.
Q.: AND YOU WERE INTERVIEWED BY A MAN NAMED COOKSEY, IS THAT RIGHT?
A.: WHAT’S HIS NAME?
Q.: COOKSEY, MAN WITH A MOUSTACHE, RIGHT?
A.: YES.
Q.: YOU MAY HAVE SEEN HIM OUTSIDE. DO YOU REMEMBER SEEING HIM OUTSIDE JUST A MOMENT AGO?
A.: I WOULD HAVE TO SEE HIM AGAIN TO MAKE SURE.
Q.: DO YOU RECALL ON OR ABOUT THE 9TH OF JULY, SOMEWHERE AROUND 10:35, JUST A COUPLE WEEKS AGO, HE SPOKE TO YOU?
A.: ACTUALLY WHERE I WAS SPOKEN TO WAS ON THE PHONE, NOT IN PERSON.
Q.: OKAY.
SO SOMEBODY CALLED YOU UP ON THE PHONE IS WHAT YOU’RE TELLING US, IS THAT RIGHT?
A.: M-HM.
Q.: YOU HAVE TO SAY YES OR NO. I’M SORRY.
A.: YES, SIR. I’M SORRY.
Q.: AND THE MAN WHO CALLED YOU UP ON THE PHONE IDENTIFIED HIMSELF AS A REPRESENTATIVE OF THE SAN DIEGO COUNTY DISTRICT ATTORNEY’S OFFICE, IS THAT RIGHT?
A.: YES, SIR.
Q.: AND HE ASKED YOU QUESTIONS CONCERNING WHAT YOU WERE EXPECTING ON THIS PARTICULAR EVENING, IS THAT RIGHT?
A.: EXCUSE ME? EXPECTING WHAT?
Q.: AS TO WHETHER OR NOT YOU WERE SURPRISED THAT NEAL WESTERFIELD ACTUALLY SHOWED UP AT THE PARTY THAT NIGHT.
MR. DUSEK: OBJECTION. RELEVANCY BASED UPON HEARSAY.
THE COURT: AT THIS POINT IN TIME SUSTAINED.
MR. FELDMAN: YOUR HONOR, —
THE COURT: I’LL BE HAPPY TO HEAR YOU AT SIDEBAR, MR. FELDMAN.
MR. FELDMAN: THANK YOU.
THE COURT: BOB.
(SIDEBAR DISCUSSION, OUT OF THE HEARING OF THE JURY,
AS FOLLOWS:
(PROCEEDINGS NOT PART OF THE PUBLIC RECORD.)
(END OF SIDEBAR DISCUSSION.)
THE COURT: GO AHEAD.
MR. FELDMAN: NO FURTHER QUESTIONS.
THE COURT: ALL RIGHT.
ANYTHING FURTHER?
MR. DUSEK: NO, THANK YOU.
THE COURT: IS THIS WITNESS TO BE EXCUSED?
MR. FELDMAN: YES.
MR. DUSEK: YES.
THE COURT: MA’AM, THANK YOU FOR COMING IN. YOU ARE FREE TO LEAVE.
PLEASE REMEMBER, HOWEVER, YOU’RE UNDER AN ADMONITION NOT TO DISCUSS YOUR TESTIMONY UNTIL THE MATTER IS CONCLUDED.
THE WITNESS: YES, SIR.
THE COURT: THANK YOU.
(THE WITNESS WAS EXCUSED.)
THE COURT: ALL RIGHT. MR. CLARKE.
MR. CLARKE: JIM WATKINS, YOUR HONOR.
THE COURT: ALL RIGHT. HE’S BEING RECALLED.
JAMES M. WATKINS, JR.,
RECALLED AS A WITNESS BY THE PLAINTIFF, PREVIOUSLY HAVING BEEN DULY SWORN, TESTIFIED AS FOLLOWS:
THE COURT: MR. WATKINS, JUST REMIND YOU YOU ARE STILL UNDER OATH.
THE WITNESS: YES, SIR.
DIRECT EXAMINATION
BY MR. CLARKE:
Q.: GOOD AFTERNOON, MR. WATKINS.
A.: GOOD AFTERNOON.
Q.: I WOULD LIKE TO SHOW YOU A DOCUMENT THAT WAS PREVIOUSLY MARKED EXHIBIT 158, CONSISTING OF THREE PAGES LABELED AT THE TOP INTERNET EXPLORER HISTORY AND ASK YOU IF YOU WOULD TAKE A MOMENT TO LOOK AT THAT TIME.
A.: (THE WITNESS COMPLIED.)
YES, SIR.
Q.: WHAT IS IT?
A.: THIS IS THE INTERNET HISTORY FROM ONE OF THE COMPUTERS IN DAVID WESTERFIELD’S OFFICE, ONE OF THE HEWLETT-PACKARDS.
Q.: NOW, BY INTERNET HISTORY, JUST SO WE’RE CLEAR, WHAT DOES THAT MEAN?
A.: WHENEVER YOU’RE ON THE INTERNET OR DO ANY KIND OF ACTIVITY ON THE INTERNET, THE BROWSER OR THE PROGRAM, IN THIS CASE INTERNET EXPLORER, KEEPS TRACK OF WHAT YOU’RE DOING ON THE INTERNET OR FOR CONVENIENCE SO IF YOU WANT TO SEE WHERE YOU WENT YESTERDAY OR THE DAY BEFORE OR THE DAY BEFORE, YOU CAN CLICK ON THE HISTORY BUTTON, AND IT WILL SHOW YOU WHERE YOU’VE BEEN. IN CASE YOU FORGET THE WEB SITE, YOU CAN GO BACK AND GO TO THE SITE THAT YOU WERE LOOKING FOR.
IN THIS CASE I HAPPEN TO KNOW WHERE THE FILE RESIDES ON THE COMPUTER. I CAN GO WITH THIS PARTICULAR PROGRAM, PULL THE FILE OUT, AND THEN RENDER IT IN A READABLE FASHION.
Q.: I BELIEVE YOU PREVIOUSLY DESCRIBED WHEN YOU WERE HERE BEFORE THAT ONE OF THE COMPUTERS IN THE OFFICE WAS ACTUALLY CONNECTED TO THE INTERNET. IS THAT CORRECT?
A.: YES, SIR.
Q.: THE INTERNET HISTORY THAT YOU HAVE IN TERMS OF THAT EXHIBIT, EXHIBIT 158 I BELIEVE IT IS, DOES THAT REFLECT THE SITES VISITED BY THAT SAME COMPUTER INSIDE MR. WESTERFIELD’S OFFICE?
A.: YES, SIR, IT DOES.
Q.: DOES THIS HISTORY RELATE TO A SPECIFIC DATE?
A.: YES, IT DOES.
Q.: WHAT IS THAT?
A.: IT WOULD BE FEBRUARY 4TH OF 2002.
Q.: AS FAR AS THE SITES THAT ARE VISITED, IS THERE ALSO A TIME REFLECTED?
A.: YES, THERE ARE.
Q.: WHAT IS THE TIME PERIOD THAT THIS PARTICULAR HISTORY REFLECTS FROM BEGINNING TO END ON FEBRUARY 4TH?
A.: THE HISTORY ON FEBRUARY 4TH STARTED AT APPROXIMATELY 3:50 P.M. AND THEN THE LAST ENTRY WAS AT 10:29. I’M SORRY. ON 8:29 P.M.
Q.: DO YOU KNOW WHETHER OR NOT THE CLOCK ON THAT COMPUTER WAS ACCURATE?
A.: THE — THERE — THE CLOCK IN THE COMPUTER AND THE TIMES ON THE SITE HERE ARE TWO DIFFERENT THINGS.
Q.: WHY IS THAT?
A.: THE SITE, THE DATE AND TIME ON THE INTERNET HISTORY IS CAPTURED FROM THE INTERNET ITSELF, FROM THE SERVER WHERE THE WEB PAGE, YOU KNOW, RESIDES AND SENDS IT TO THE COMPUTER. SO THE COMPUTER THAT WE LOOKED AT WAS ONE HOUR OFF, AND SO IF YOU WERE TO MATCH A COUPLE OF THE FILES ON THE COMPUTER WITH THE HISTORY DATES, YOU WOULD SEE THERE IS EXACTLY ONE-HOUR-AND-MAYBE-A- MINUTE DIFFERENCE.
Q.: SO ARE THE TIMES ACCURATE ON EXHIBIT 158 THAT YOU HAVE IN FRONT OF YOU?
A.: YES, SIR.
Q.: AND, I’M SORRY, THE BEGINNING TIME ON FEBRUARY 4TH WAS WHAT AGAIN?
A.: THE BEGINNING TIME WAS 3:50 IN THE AFTERNOON.
Q.: AND THAT’S AN ACCURATE TIME BASED ON YOUR INVESTIGATION?
A.: YES.
Q.: AND THE ENDING TIME OF THESE VISITS TO INTERNET SITES WAS WHAT?
A.: WOULD BE APPROXIMATELY 8;30, 8:29.
Q.: WERE ANY PORNOGRAPHIC WEB SITES VISITED DURING THAT TIME PERIOD ON FEBRUARY 4TH BASED ON THE INTERNET HISTORY THAT YOU HAVE BEFORE YOU?
A.: NO, THERE WERE NOT.
Q.: AS FAR AS THIS SPECIFIC COMPUTER AND I BELIEVE WHEN YOU WERE HERE PREVIOUSLY YOU DESCRIBED THE FACT THAT — LET ME ASK IT A DIFFERENT WAY.
WITH REGARD TO THIS SPECIFIC COMPUTER, COULD YOU DETERMINE WHETHER OR NOT THERE WERE ANY VIDEOS LABELED WITH THE NAME ATTACK ON THEM ON THAT PARTICULAR COMPUTER?
A.: ON THE PRIOR TESTIMONY? I’M SORRY.
Q.: NO. ACTUALLY I’M TRYING TO START WITH A NEW QUESTION.
A.: THANK YOU.
Q.: DID YOU AT ANY TIME EXAMINE THAT SAME COMPUTER IN THE OFFICE, THE ONE CONNECTED TO THE INTERNET, TO DETERMINE WHETHER OR NOT THERE WERE ANY VIDEOS LABELED WITH THE TERM ATTACK ACTUALLY IN THE MEMORY; THAT IS, THE HARD DRIVE OF THAT COMPUTER?
A.: YES.
MR. FELDMAN: YOUR HONOR, THIS IS IMPROPER REBUTTAL. OBJECTION.
THE COURT: I’M ASSUMING IT’S FOUNDATIONAL. IS THAT CORRECT?
MR. CLARKE: CORRECT, YOUR HONOR.
THE COURT: ALL RIGHT. I WILL ALLOW IT.
OVERRULED.
THE WITNESS: YES, SIR.
BY MR. CLARKE:
Q.: WERE THEY LOCATED IN A SPECIFIC LOCATION ON THE HARD DRIVE? AND I’M REFERRING TO DIRECTORY, SUBDIRECTORIES, AND SO FORTH.
MR. FELDMAN: YOUR HONOR, COULD YOU JUST PLEASE NOTE A CONTINUING OBJECTION TO THIS LINE?
THE COURT: I WILL NOTE THAT.
MR. FELDMAN: THANK YOU VERY MUCH.
THE WITNESS: YES, SIR. THEY WERE. YES, THERE WERE A NAME OF A FILE IT WAS IN.
BY MR. CLARKE:
Q.: WAS IT ONE OR MORE VIDEO FILES?
A.: THERE WERE NUMEROUS VIDEO FILES IN THAT FOLDER THAT BEGAN WITH THE WORD ATTACK.
Q.: ALL RIGHT.
WERE THESE THE SAME FILES OR DIFFERENT FILES FROM THOSE THAT WERE PREVIOUSLY SHOWN THE JURY DURING YOUR TESTIMONY THAT WERE LABELED WITH THE TERM ATTACK?
A.: THEY WERE THE SAME FILES.
Q.: CAN YOU DESCRIBE FOR US WHERE THEY WERE LOCATED IN THIS DIRECTORY STRUCTURE ON THAT OFFICE COMPUTER.
A.: THEY WERE LOCATED IN A — THE MAIN FOLDER WAS MY DOCUMENTS. THEN THERE WAS A SUBFOLDER SPECTRUM FILES. AND THEN A SUBFOLDER BELOW THAT WHICH WAS STUFF FOR FILES.
Q.: OKAY.
SO WE HAVE MY DOCUMENTS, THAT WAS ONE OF THE SUBDIRECTORIES.
A.: THAT IS ONE OF THE DIRECTORIES.
Q.: IS THAT A DIRECTORY THAT’S COMMONLY FOUND ON COMPUTERS THAT USE THE WINDOWS OPERATING SYSTEM?
A.: YES, SIR, IT IS.
Q.: NOW, I BELIEVE YOU SAID THERE WAS A SUBDIRECTORY UNDER MY DOCUMENTS ENTITLED, I’M SORRY, SPECTRUM FILES?
A.: YES, SIR.
Q.: WHAT TYPES OF FILES OR FOLDERS DID YOU FIND UNDER SPECTRUM FILES?
A.: THEY APPEARED TO BE DIFFERENT FOLDERS AND FILES THAT CONTAINED WORK-TYPE FILES, SPREAD SHEETS, LETTERS, CORRESPONDENCE, THAT SORT OF THING.
Q.: DID THEY APPEAR TO BE FILES CONSISTENT WITH OR CONNECTED WITH THE DEFENDANT’S BUSINESS, SPECTRUM DESIGN?
A.: YES, SIR.
Q.: THEN I BELIEVE YOU SAID THERE WAS ANOTHER SUBDIRECTORY UNDER SPECTRUM FILES CALLED STUFF FOR FILE?
A.: YES, SIR.
Q.: WHAT DID YOU FIND WITHIN THAT SUBDIRECTORY?
A.: WELL, I FOUND THERE WERE SEVERAL DELETED FILES THAT I WAS ABLE TO RECOVER THAT WERE THE ATTACK VIDEOS.
Q.: COULD YOU DETERMINE WHEN THOSE VIDEOS WERE PLACED ON THAT COMPUTER; THAT IS, THOSE VIDEO FILES, THE ATTACK VIDEOS?
A.: THE DATES THEY WERE RECOVERED INDICATED THAT THOSE VIDEOS WERE PLACED ON THE COMPUTER ON AUGUST 30TH OF 2001.
Q.: NOW I WOULD LIKE TO TURN YOUR ATTENTION TO WINDOWS MEDIA PLAYER. THE JURY HEARD A LITTLE TESTIMONY ABOUT THAT EARLIER TODAY. ARE YOU FAMILIAR WITH THAT TERM?
A.: YES, I AM.
Q.: WHAT IS IT?
A.: THE WINDOWS MEDIA PLAYER IS A COMPUTER PROGRAM THAT ALLOWS YOU TO VIEW DIGITAL MOVIES AS YOU WOULD. SUCH AS THE MOVIES THAT WERE SHOWN A COUPLE WEEKS AGO.
Q.: IS THAT A PARTICULAR TYPE OF PROGRAM?
A.: YES, IT IS.
Q.: IS IT SOMETHING YOU HAVE TO BUY OR DOES IT COME WITH WINDOWS? HOW DOES THAT WORK?
A.: IT COMES — IT COMES INSTALLED IN WINDOWS BECAUSE IT’S PART OF THE WINDOWS FAMILY. YOU CAN GO ON THE INTERNET AND UPGRADE THE PROGRAM, AND IT DOESN’T COST ANYTHING.
Q.: WAS WINDOWS MEDIA PLAYER LOCATED ON BOTH OF THE OFFICE COMPUTERS?
A.: YES, SIR.
Q.: WAS IT LOCATED ALSO ON THE GATEWAY COMPUTER IN NEAL WESTERFIELD’S BEDROOM?
A.: YES, SIR.
Q.: IS THERE A WAY TO DETERMINE WHAT FILES OR MOVIES, LET’S USE THE EXAMPLE OF MOVIES, HAVE BEEN VIEWED ON A WINDOWS MEDIA PLAYER?
A.: YES, THERE IS.
Q.: TELL US ABOUT THAT.
A.: ON THE WINDOWS MEDIA PLAYER, ONCE YOU BRING THE MEDIA PLAYER UP, YOU’VE GOT A SCREEN, AND THEN THERE ARE SEVERAL KINDS OF COMPUTERIZED BUTTONS ON THE LEFT-HAND SIDE. ONE OF THOSE BUTTONS HAS THE NAME MEDIA LIBRARY, AND THAT WILL TELL YOU WHAT MOVIE, WHAT DIGITAL MOVIES YOU’VE LOOKED AT SINCE YOU’VE HAD THE PROGRAM INSTALLED.
MR. CLARKE: YOUR HONOR, I HAVE A DOCUMENT I WOULD LIKE TO HAVE MARKED AS THE NEXT EXHIBIT IN ORDER.
THE COURT: OKAY. LET’S SEE. THAT WILL BE 188.
MR. CLARKE: IT’S A SINGLE EIGHT-AND-A-HALF-BY-ELEVEN PAGE, IN THE UPPER LEFT-HAND CORNER OF WHICH IS LABELED THE TERM WINDOWS MEDIA PLAYER.
THE COURT: ALL RIGHT.
(DOCUMENT LABELED WINDOWS MEDIA PLAYER MARKED TRIAL
EXHIBIT NUMBER 188 FOR IDENTIFICATION.)
BY MR. CLARKE:
Q.: MR. WATKINS, IF I CAN SHOW YOU THIS NEWLY MARKED EXHIBIT NUMBER 188, IF YOU COULD TAKE A MOMENT AND TELL US IF YOU RECOGNIZE WHAT IT IS.
A.: YES. THIS IS A SCREEN SHOT OR A PHOTOGRAPH, IF YOU WOULD, OF THE WINDOWS MEDIA PLAYER OFF ONE OF THE COMPUTERS THAT WE IMAGED FROM MR. WESTERFIELD’S OFFICE.
Q.: IS THIS A SCREEN PRINT? WE’VE HEARD THAT TERM BEFORE ALSO.
A.: YES, SIR. YES, IT IS.
Q.: ALL RIGHT.
IF YOU COULD, COULD YOU TAKE A MOMENT AND JUST SHOW TO THE JURY WHAT THAT LOOKS LIKE. AND IF YOU WOULD DESCRIBE WHAT’S SHOWN ON THIS PARTICULAR EXHIBIT 188.
A.: WHAT THIS SHOWS IS THE WINDOWS MEDIA PLAYER SCREEN. ON THE LEFT YOU CAN SEE THE BUTTONS I WAS TALKING ABOUT. NOW PLAYING, MEDIA GUIDE, C.D., AUDIO, MEDIA LIBRARY, RADIO TUNER, PORTABLE DEVICE, AND SKIN CHOOSER. THE NEXT FIELD GIVES YOU A CHOICE OF GOING AND LOOKING AT THE AUDIO FILES YOU’VE LISTENED TO BEFORE. THE VIDEO FILES THAT YOU’VE LOOKED AT BEFORE.
AND THERE’S TWO FIELDS UNDERNEATH THOSE. ONE YOU CAN CHOOSE ALL OF THE VIDEO CLIPS YOU’VE LOOKED AT. THE SECOND ONE YOU CAN DO IT AND LOOK AT, VIEW ALL THE — LET ME BACK UP. ALL THE CLIPS BY THE NAME OF THE MEDIA CLIPS, IN THIS CASE ATTACK ONE, ET CETERA. AND THEN IF THERE’S AN AUTHOR ASSOCIATED WITH THAT CLIP, THE MOVIE CLIP, YOU CAN SORT IT BY AUTHOR.
IN THE SCREEN AGAIN TO THE RIGHT, YOU’VE GOT THE FILE NAME, THE TIME, LENGTH OF THE FILE, THE DATE IT WAS CREATED, AND THEN THE NUMBER OF TIMES, I’M SORRY, AND THEN THE NUMBER OF TIMES, RATHER, THAT IT WAS PLAYED.
Q.: WHICH COMPUTER DID THIS COME OFF?
A.: THIS CAME OFF OF ONE OF THE H. P. COMPUTERS IN THE OFFICE IDENTIFIED AS DAVID W. 2.
Q.: CAN YOU TELL US WHETHER THIS IS THE SAME OR A DIFFERENT COMPUTER THAN THAT ONE, THAT COMPUTER IN THE OFFICE CONNECTED TO THE INTERNET?
A.: I BELIEVE IT WAS THE ONE THAT WAS CONNECTED TO THE INTERNET.
Q.: NOW, WHAT DOES THAT PARTICULAR EXHIBIT TELL YOU; WHAT CAN YOU TELL US ABOUT THAT EXHIBIT IN TERMS OF WHICH, IF ANY, FILES WERE ACTUALLY VIEWED USING WINDOWS MEDIA PLAYER?
A.: ALL OF THE FILES THAT WERE LISTED WERE FILES THAT WERE VIEWED ON THE WINDOWS MEDIA PLAYER. AND IN SOME CASES YOU CAN TELL THAT SOME OF THE FILES WERE VIEWED SEVERAL TIMES.
Q.: ALL RIGHT.
CAN YOU TELL US ANYTHING ABOUT WHEN THEY WERE VIEWED?
A.: ON THIS PARTICULAR SCREEN, NO, I CAN’T. BUT WHEN I EXAMINED THE FILES, WHEN I EXAMINED THE FILES AND EXAMINED IT AT THE LAST ACCESS DATE, I SAW THERE WAS A LAST ACCESS DATE, ACCESS DATE, EXCUSE ME, OF NOVEMBER 18TH OF 2001.
Q.: CAN YOU TELL US WHAT — AND WE HAVE USED THE TERM GENERICALLY ATTACK VIDEO FILES. DO THEY ACTUALLY HAVE DIFFERENT LABELS ACCORDING TO THE NAME OF THE FILE?
A.: YES, SIR, THEY DO.
Q.: CAN YOU TELL US WHAT, WHICH FILES THEY WERE, FIRST OF ALL, THEN EVEN HOW MANY TIMES VIEWED?
A.: THERE IS ATTACK 01, BABY 010, ASS RAPE 1, ATTACK 02, ATTACK 03, ATTACK 04, ATTACK 05, ATTACK 06, ATTACK 07, ATTACK 08, ATTACK 09, ATTACK 010.
Q.: AS FAR AS THE NUMBER OF TIMES VIEWED, WITHOUT GIVING THE NUMBER OF TIMES FOR EACH ONE, IS THERE A RANGE BETWEEN THE NUMBER OF TIMES, FOR INSTANCE, ONE OF THE ATTACK VIDEOS WAS VIEWED VERSUS ANOTHER?
A.: YES, SIR.
Q.: CAN YOU GIVE THE RANGE?
A.: THE RANGE WAS BETWEEN ONE AND FIVE TIMES.
Q.: AND IT WAS BY YOUR EXAMINATION, FURTHER EXAMINATION OF THE COMPUTER, YOU WERE ABLE TO DETERMINE THAT DATE IN NOVEMBER THAT YOU JUST DESCRIBED?
A.: YES, SIR.
Q.: WERE THESE TWO COMPUTERS IN THE OFFICE CONNECTED TOGETHER IN ANY WAY?
A.: YES, THEY WERE. THEY WERE NETWORKED TOGETHER AND EACH HAD A SEPARATE NAME.
Q.: NETWORKED, WHAT DOES THAT MEAN?
A.: WHAT NETWORK IS IS SIMPLY TAKING TWO COMPUTERS, PUTTING A — THERE’S A CARD IN THE COMPUTER CALLED A NETWORK INTERFACE CARD. IF YOU LOOK AT THE ACTUAL CABLE, IT LOOKS LIKE AN OVERWEIGHT TELEPHONE CABLE. YOU PLUG THAT INTO THE BACK OF THE COMPUTER AND THEN YOU CAN ACTUALLY JUST TAKE WITH TWO COMPUTERS, HOOK TWO TOGETHER DIRECTLY OR IN THIS CASE IF YOU WANTED TO HOOK MORE THAN TWO COMPUTERS TOGETHER, YOU HAVE A BOX CALLED A HUB OR A SWITCH, WHICH JUST REALLY IS LIKE A TRAIN SWITCH. IT JUST ALLOWS YOU TO HOOK MULTIPLE COMPUTERS TOGETHER. THIS WAS CONNECTED BY SOME SORT OF A HUB OR A SWITCH.
Q.: DOES NETWORKING BY THIS CONNECTION ALLOW A PERSON USING ONE COMPUTER THEN TO LOOK AT, AT LEAST IN THE CASE OF THIS OFFICE, TO LOOK AT THE CONTENTS OF THE OTHER COMPUTER?
A.: YES, IT DOES. IT MAKES IT EASY SO THAT A USER OF A COMPUTER IF YOU’VE GOT MULTIPLE COMPUTERS, YOU CAN GO AHEAD AND ACCESS THE FILES ON THE DIFFERENT COMPUTERS WITH JUST ONE, WITHOUT HAVING TO STAND UP, WALK OVER TO A SECOND COMPUTER, SIT DOWN AND GET THE FILE OUT. IT’S REALLY FOR YOUR CONVENIENCE, AND IT’S VERY EASY TO SET UP.
Q.: IS IT A TWO-WAY STREET? IN OTHER WORDS, EITHER COMPUTER CAN BE USED TO LOOK AT THE OPPOSITE COMPUTER?
A.: YES, SIR.
Q.: NOW, AS FAR AS THE C.D.’S, AND YOU RECALL YOUR DISCUSSION OF THE C.D.’S, AND I’M REFERRING TO THOSE FOUND ON THE BOOKSHELF BEHIND THE BOOKS THAT HAVE BEEN DESCRIBED
EARLIER, —
A.: YES.
Q.: — AS FAR AS THE VIDEOS SHOWN ON THOSE, I’M SORRY, THE VIDEOS CONTAINED ON THOSE C.D.’S, FROM YOUR EXAMINATION AS A FORENSIC COMPUTER SPECIALIST, CAN YOU DETERMINE WHEN A PERSON LAST LOOKED AT A VIDEO FILE ON A C.D.?
A.: NO, SIR, YOU CANNOT.
Q.: AS OPPOSED TO WHAT’S SHOWN IN EXHIBIT 188 WHEN A FILE IS EXAMINED, THAT’S ON THE HARD DRIVE OF A COMPUTER?
A.: CORRECT.
Q.: THE SOFTWARE USED TO CREATE C.D.’S AND WHEN YOU WERE HERE PREVIOUSLY YOU HAD DESCRIBED THE FACT THAT THE SOFTWARE USED TO CREATE THE C.D.’S FOUND AGAIN ON THE BOOKSHELF WAS ALSO FOUND ON WAS IT ONE OR MORE OF THE OFFICE COMPUTERS?
A.: ONE OF THE OFFICE COMPUTERS.
Q.: DID YOU DETERMINE WHETHER OR NOT THAT SAME SOFTWARE WAS ON THE GATEWAY COMPUTER IN NEAL WESTERFIELD’S BEDROOM?
A.: NO, IT WAS NOT.
Q.: WE’VE HEARD THE TERM CARD FILE TODAY. CAN YOU TELL US WHAT A CARD FILE IS.
A.: WELL, A CARD FILE IS KIND OF THE COMPUTER EQUIVALENT OF A LITTLE THREE-BY-FIVE CARD. WHEN YOU GET THIS PROGRAM, IT USED TO COME AUTOMATICALLY I THINK WITH THE WINDOWS OLD 95 AND 98 OPERATING SYSTEMS. WHEN YOU FIRST BRING THIS PROGRAM UP, YOU GET A LITTLE BLANK ON THE COMPUTER, IT LOOKS LIKE A LITTLE THREE-BY-FIVE INDEX CARD. IT IS BLANK. AND YOU TYPE IN A TITLE ON THE TOP OF IT, AND THEN ONCE YOU HAVE THE TITLE ON THE TOP OF THAT CARD, YOU CAN TYPE INFORMATION ON THE LOWER HALF OF THE CARD, SUCH AS COMMONLY YOU COULD PUT — I MIGHT HAVE MY MOTHER AT THE TOP, AND THEN HAVE, YOU KNOW, CAROL AND ALL HER INFORMATION ON THE BOTTOM OF THE CARD.
Q.: I THINK WE HEARD THE TERM COMPUTERIZED ROLODEX EARLIER TODAY. IS THAT A FAIR DESCRIPTION OF A CARD FILE?
A.: THAT WOULD BE AN EXCELLENT DESCRIPTION.
Q.: DID YOU ENCOUNTER A CARD FILE ON ONE OR MORE OF THE P.C.’S IN THE OFFICE?
A.: YES, I DID.
Q.: DID IT HAVE A PARTICULAR NAME?
A.: VENDOR 98 DOT C.R.D.
Q.: WHAT DOES THAT MEAN?
A.: IT MEANT TO ME THAT IT WAS PROBABLY A VENDOR LIST THAT WAS STARTED OR MAINTAINED IN THE YEAR OF 1998.
Q.: I THINK YOU SAID IT WAS DOT C.R.D.
A.: DOT C.R.D. ANY CARD FILES HAS THAT THREE-LETTER EXTENSION WE TALKED ABOUT. IN THIS CASE IT HAS C.R.D. FOR THE EXTENSION.
Q.: WHICH COMPUTER OR COMPUTERS WAS THIS CARD FILE LOCATED ON?
A.: THEY WERE ACTUALLY ON BOTH OF THE OFFICE COMPUTERS. AND I BELIEVE I FOUND REMNANTS OF IT ON THE GATEWAY THAT HAD BEEN DELETED.
Q.: REMNANTS MEANING WHAT?
A.: JUST YOU FIND BITS AND PIECES OF SOMETHING AND MAYBE A FILE NAME TO HOLD THE WHOLE FILE ITSELF MAY NOT BE INTACT.
Q.: DID YOU EXAMINE THIS CARD FILE THAT WAS IN EXISTENCE ON THE TWO OFFICE P.C.’S?
A.: YES, I DID.
Q.: WHAT DID IT CONTAIN?
A.: IT CONTAINED — THE FIRST PART OF IT CONTAINED A LOT OF BUSINESS FILES, A LOT OF CARD NAMES, WITH THINGS LIKE CIRCUIT BOARDS, SHEET WORK, H. AND K. I THINK LIKE SHEET WORK WITH DIFFERENT TYPE OF WORKS THAT AN ENGINEER MIGHT HAVE. AND THEN UNDERNEATH THOSE IT HAD THE NAME, ADDRESS, AND PHONE NUMBER AND SOME MORE CASES INTERNET SITES.
Q.: ALL RIGHT.
LET’S TALK IF WE CAN ABOUT THE INTERNET SITES. THOSE WERE CONTAINED ON THE CARD FILE?
A.: YES.
Q.: IN SEPARATE ENTRIES ON DIFFERENT CARDS?
A.: THERE WERE ABOUT, PROBABLY, THERE WERE A LITTLE OVER TWO HUNDRED CARDS THAT WERE SPECIFICALLY WEB SITES.
Q.: ALL RIGHT.
WHAT TYPE OF WEB SITES?
A.: THE VAST MAJORITY — I’M SORRY. THERE ARE TWENTY-NINE CARDS THAT HAD WEB SITES. MY MISTAKE. AND OF THOSE TWENTY-NINE CARDS, THE MAJORITY OF THE WEB SITES LISTED APPEARED TO BE PORNOGRAPHIC IN NATURE.
Q.: CAN YOU GIVE US EXAMPLES OF THAT?
A.: CERTAINLY. THERE ARE A COUPLE OF CARDS, THE NAME OF THE CARDS, SOME OF THEM WERE LIKE TOO, T-O-O, YOUNG, AND THEN THE NUMERAL TWO. ANOTHER ONE WAS YOUNG 1S, VERY SIMILAR, FOR YOUNG — STANDING FOR YOUNG ONES. WHICH WAS VERY SIMILAR TO THE DIRECTORY I FOUND ON ONE OF THE ZIP DISKS. AND THEN THE WEB SITES THAT WERE ON THOSE CARDS WERE SIMILAR TO LOLITA DOT COM. YOUNG VIRGINS DOT N.U. AND THAT SORT OF — THOSE SORTS OF NAMES.
Q.: AS FAR AS THOSE ENTRY ON CARDS, IS THIS LIKE AN INTERNET HISTORY WHERE THE USER DOESN’T HAVE TO DO A THING TO PUT THAT INFORMATION IN A CARD FILE OR DOES IT REQUIRE SOMETHING EXTRA?
A.: IT REQUIRES SOMEONE TO MANUALLY ENTER THE NAMES ON THOSE CARDS.
Q.: AND IT’S THOSE CARDS ON WHICH YOU FOUND THESE, AND I’M SORRY, DID YOU SAY TWENTY-NINE CARDS WITH ABOUT TWO HUNDRED PORNOGRAPHIC WEB SITES?
A.: YES, SIR.
Q.: SO IT’S DIFFERENT FROM AN INTERNET HISTORY, THEN?
A.: IT’S VERY DIFFERENT THAN AN INTERNET HISTORY.
MR. CLARKE: THANK YOU.
I HAVE NO FURTHER QUESTIONS, YOUR HONOR.
THE COURT: ALL RIGHT.
CROSS-EXAMINATION.
/ / /
/ / /
CROSS-EXAMINATION
BY MR. FELDMAN:
Q.: GOOD AFTERNOON, MR. WATKINS.
A.: GOOD AFTERNOON, MR. FELDMAN.
Q.: DID YOU TALK TO NEAL WESTERFIELD?
A.: YES. BRIEFLY.
Q.: DID YOU TALK TO NEAL WESTERFIELD ON OR ABOUT THE 16TH OF THIS MONTH?
A.: YES.
Q.: DID YOU TAKE NOTES?
A.: I TOOK A COUPLE OF NOTES, YES.
MR. FELDMAN: COUNSEL.
(DISCUSSION OFF THE RECORD AMONG COUNSEL.)
BY MR. FELDMAN:
Q.: I JUST WANT TO MAKE SURE I’VE GOT THE RIGHT NOTES.
A.: YES, SIR.
Q.: IS WHAT I’M SHOWING YOU A COPY OF OR AT LEAST WHAT APPEARS TO BE A XEROX COPY THAT’S NOT THE MOST FABULOUS XEROX. IT DOES SAY WATKINS AT THE TOP.
A.: IT DOES. AND THE HANDWRITING IS EQUALLY NOT SO FABULOUS HERE.
Q.: WELL, IS THIS SO — OKAY.
IS THIS A TRUE COPY OF YOUR NOTES, SIR?
A.: YES, SIR, IT IS.
Q.: NOW, YOU ASKED DAVID NEAL WESTERFIELD SOME QUESTIONS, THEN, DIDN’T YOU?
A.: I ASKED — ACTUALLY I WAS THERE A COUPLE QUESTIONS WERE ASKED, YES.
Q.: ONE OF THE QUESTIONS YOU ASKED HIM WAS WHAT HIS E-MAIL ADDRESS WAS, RIGHT? DIDN’T HE —
A.: YES.
Q.: AND HE TOLD YOU D. N. WEST AT HOT MAIL DOT COM., IS THAT RIGHT?
A.: YES.
Q.: AND YOU ASKED HIM WHAT PASSWORD HE USED.
A.: YES.
Q.: HE TOLD YOU 5203.
A.: YES.
Q.: HE TOLD YOU THAT HE HAD SIGNED UP FOR PINK FOR FREE, IS THAT RIGHT?
A.: YES, SIR.
Q.: YOU UNDERSTOOD THAT PINK FOR FREE WAS A WEB SITE THAT MIGHT DISPLAY NAKED FEMALES ENGAGED IN WHO KNOWS WHAT KIND OF BEHAVIOR. IS THAT RIGHT?
A.: WHAT HE SIGNED UP FOR WAS ACTUALLY A NEWSLETTER THAT WAS SENT.
Q.: SIR, ARE YOU FAMILIAR WITH THE PROGRAM ENCASE?
A.: YES, SIR, I AM.
Q.: COULD YOU PLEASE — WHAT’S ENCASE?
A.: ENCASE IS A FORENSIC UTILITY THAT ALLOWS US TO EXAMINE A COMPUTER WITHOUT ALTERING THE ORIGINAL EVIDENCE.
Q.: IT ALLOWS YOU TO RETRIEVE, DOES IT NOT, SITES THAT INDIVIDUALS HAVE BEEN TO EVEN WHEN THEY’VE DELETED THE FILES?
A.: IT ALLOWS US TO LOOK AT — IT WON’T ALLOW US TO RETRIEVE THE ACTUAL SITE, BUT ALLOWS US TO RETRIEVE THE FILES TO INDICATE PERHAPS WHAT SITES THEY HAVE BEEN TO.
Q.: DID YOU USE ENCASE IN YOUR ANALYSIS OF THE COMPUTERS?
A.: YES, SIR, I DID.
Q.: AND WERE YOU ABLE TO LOCATE ANY ACTIVITY ON OR ABOUT FEBRUARY THE 4TH, 2002, AT ABOUT I THINK YOU TOLD US BETWEEN 3:50 IN THE P.M. AND 4:50 IN THE P.M.?
A.: YES, SIR.
Q.: AND DID YOU FIND THAT SOMEBODY NAMED D. N. WEST AT HOT MAIL DOT COM. DID SOMETHING, SENT A LETTER OR RECEIVED A LETTER?
A.: RECEIVED A LETTER.
Q.: FROM PINK FOR FREE DOT COM., IS THAT RIGHT?
A.: YES, SIR.
Q.: NOW, IF AN INDIVIDUAL RECEIVES A LETTER FROM PINK FOR FREE DOT COM. IN A MANNER SIMILAR TO THAT, AT THE BOTTOM OF THE E-MAIL IS A LINK, IS THAT RIGHT?
A.: THAT IS CORRECT.
Q.: AND A LINK WOULD BE KIND OF LIKE JUST A BLUE LINE THAT AN INDIVIDUAL COULD MOVE HIS CURSOR OVER TO CLICK, IS THAT RIGHT, SIR?
A.: THAT IS CORRECT.
Q.: AND CLICKING THE BLUE LINE, IN THIS CASE THE PINK FOR FREE LINE, MIGHT TAKE A PERSON TO A PARTICULAR WEB SITE; I.E., PINK FOR FREE, IS THAT RIGHT?
A.: IT DIDN’T.
Q.: PARDON ME?
A.: I SAID IT DID NOT.
Q.: DOES CLICKING —
A.: I’M SORRY. I THOUGHT YOU ASKED IF IT DID. I’M SORRY. I APOLOGIZE.
Q.: DOES CLICKING ON A LINK SUCH AS WE ARE DESCRIBING TAKE YOU TO A PARTICULAR WEB SITE?
A.: YES, SIR.
Q.: AND THEN THE QUESTION IS DOES THE COMPUTER SOFTWARE THAT YOU’RE USING OR ENCASE ALLOW YOU TO IDENTIFY WHAT LINK OR WHAT WEB SITE THE CLICK OF THE LINK TOOK ONE TO? DO YOU UNDERSTAND ME?
A.: YES. THE ENCASE SOFTWARE WERE VERY GOOD DOESN’T ACTUALLY DO IT FOR YOU; YOU HAVE TO LOOK AND INTERPRET THE INFORMATION.
Q.: DID YOU RECEIVE FROM MR. CLARKE THE BINDER OF INFORMATION THAT WAS PROVIDED TO THE JURY FROM MARCUS LAWSON?
A.: YES, I DID.
Q.: DID YOU REVIEW MR. LAWSON’S COURTROOM EXHIBIT?
A.: YES, I DID.
Q.: AND DID YOU FORENSICALLY DETERMINE WHETHER OR NOT MR. LAWSON WAS MAKING USE OF ENCASE?
A.: HE WASN’T MAKING A PROPER USE OF ENCASE, BUT HE USED IT.
Q.: SO YOU’RE SAYING THAT WHAT MR. LAWSON DID WAS USE ENCASE BUT YOU DON’T THINK HE USED IT CORRECTLY, IS THAT RIGHT?
A.: THAT IS CORRECT.
Q.: WELL, BOTH YOU AND MR. LAWSON USE SIMILAR — WELL, ARRIVED AT SIMILAR CONCLUSIONS, DID YOU NOT, AS TO WHETHER OR NOT D. N. WEST AT HOT MAIL DOT COM. WAS ON DAVID WESTERFIELD’S OR ONE OF THE COMPUTERS IN DAVID WESTERFIELD’S HOUSE AT A TIME WHEN DAVID WESTERFIELD WAS NOT THERE?
A.: THAT IS CORRECT.
Q.: YOU AGREE THAT THAT’S A TRUE STATEMENT, IS THAT RIGHT?
A.: THE D. N. WEST AT HOT MAIL DOT COM. WAS ACCESSED ON THAT DAY, YES, SIR.
Q.: AND YOU INDICATED IN YOUR NOTES THAT AT SOME TIME
D. N. WEST AT HOT MAIL DOT COM. SIGNED UP FOR PINK FOR FREE. IS THAT RIGHT?
A.: YES, SIR.
Q.: AND IT’S TRUE D. N. WEST TOLD YOU, DID HE NOT, THAT HE WENT TO THE OFFICE AT ABOUT 5:00 O’CLOCK TO LOOK AT PORN.?
A.: WHAT HE SAID WAS HE WASN’T SURE WHETHER HE DID OR DIDN’T. HE SAID THAT WHEN INITIALLY WHEN HE HAD, BEFORE HE HAD TALKED TO YOU, HE THOUGHT HE HADN’T; BUT AFTER TALKING TO YOU AND BEING SHOWN THE TWO GRAPHIC IMAGES OF LESBIAN BORDELLO DOT J PEG AND THE OTHER ONE, HE THOUGHT MAYBE HE COULD HAVE.
Q.: WHEN YOU TALKED TO HIM ON THE 16TH OF THIS MONTH, YOU WERE TAKING CONTEMPORANEOUS NOTES, WEREN’T YOU?
A.: M-HM.
Q.: I’M SORRY.
A.: I’M SORRY. MY MISTAKE. YES, SIR.
Q.: AND WHEN YOU TAKE CONTEMPORANEOUS NOTES YOU ARE WRITING TO BE ACCURATE, IS THAT RIGHT?
A.: TRUE.
Q.: AND YOU WROTE IN YOUR CONTEMPORANEOUS NOTES THAT DAVID NEAL WESTERFIELD SAID TO YOU OR YOU WROTE, QUOTE, WENT TO OFFICE AT 5:00 TO LOOK AT PORN. HYPHEN HAD SALAD, PERIOD. THAT’S WHAT YOU WROTE, ISN’T IT?
MR. CLARKE: OBJECTION. HEARSAY AT THIS POINT. I DON’T KNOW THERE’S A FOUNDATION FOR THE NOTES.
THE COURT: OVERRULED.
YOU CAN ANSWER.
THE WITNESS: THOSE AREN’T MY NOTES.
BY MR. FELDMAN:
Q.: THESE AREN’T YOUR NOTES?
A.: NO.
Q.: SO YOU MEAN THAT THE FIRST PAGE — THE FIRST PAGE IS YOUR NOTES, RIGHT?
A.: THE FIRST PAGE, IF YOU LOOK IN THE UPPER RIGHT CORNER, IT SAYS WATKINS 101.
Q.: AND IT’S DISCOVERY PAGE 13,180, IS THAT RIGHT?
A.: YES.
Q.: NOW WE HAVE 13,181, IS THAT RIGHT?
A.: YES, WE DO. THOSE ARE NOT MY NOTES.
Q.: DO YOU KNOW WHOSE THEY ARE?
A.: NO, I DON’T.
Q.: OH. THEY WERE JUST SEQUENTIALLY NUMBERED. OKAY.
WAS THERE ANYONE ELSE PRESENT WITH YOU AT THE TIME YOU INTERVIEWED DAVID N. WESTERFIELD?
A.: THERE WAS MR. DUSEK, MR. CLARKE, AND THERE WAS A D. A. INVESTIGATOR I BELIEVE COOKSEY.
Q.: WAS COOKSEY TAKING NOTES?
A.: I DON’T RECALL. HE HAD A NOTEBOOK, BUT I DON’T RECALL.
Q.: DID YOU EVER SEE MR. COOKSEY’S HANDWRITING?
A.: NO, I NEVER HAVE.
Q.: DO YOU HAVE A SPECIFIC RECOLLECTION THAT DURING THAT CONVERSATION THAT YOU WERE PRESENT AT, COOKSEY WAS PRESENT AT, MR. CLARKE AND MR. DUSEK WERE PRESENT AT, DAVID NEAL WESTERFIELD SAID HE WENT TO HIS — TO THE OFFICE AT 5:00 O’CLOCK TO LOOK AT PORN.? IS IT YOUR TESTIMONY HE DID NOT SAY THAT?
MR. CLARKE: OBJECTION. I THINK THAT’S ARGUMENTATIVE AS PHRASED.
THE COURT: OVERRULED.
YOU CAN ANSWER. DID HE SAY THAT?
THE WITNESS: I DON’T RECALL.
BY MR. FELDMAN:
Q.: BY YOUR ANSWER YOU DON’T RECALL, ARE YOU TELLING US YOU DON’T REMEMBER WHETHER OR NOT IT WAS SAID OR THAT IT DIDN’T HAPPEN?
A.: I DON’T REMEMBER WHETHER OR NOT IT WAS SAID.
Q.: SO YOU AGREE IT COULD HAVE HAPPENED, YOU JUST DON’T REMEMBER?
A.: THAT IS CORRECT.
Q.: BECAUSE YOU WEREN’T TAKING NOTES AT THAT TIME, IS THAT CORRECT?
MR. CLARKE: OBJECTION. I THINK THAT’S ARGUMENTATIVE.
THE COURT: SUSTAINED.
BY MR. FELDMAN:
Q.: WERE YOU TAKING NOTES AT THE TIME THE STATEMENT WAS — STRIKE THAT.
WERE YOU TAPE-RECORDING THE INTERVIEW?
A.: NO, SIR, I WAS NOT.
Q.: I THOUGHT TAPE RECORDING ALLOWED US TO GET EXACT, VERBATIM WORDS.
MR. CLARKE: OBJECTION. COUNSEL IS ARGUING WITH THE WITNESS.
THE COURT: SUSTAINED.
BY MR. FELDMAN:
Q.: YOU WERE IN THE OFFICES OF THE DISTRICT ATTORNEY OF SAN DIEGO COUNTY. YOU PARTICIPATED IN AN INTERVIEW OF A KEY WITNESS IN A CAPITAL HOMICIDE PROSECUTION WITH THE TWO LEAD PROSECUTORS, AND THAT CONVERSATION WAS NOT TAPED, SIR?
MR. CLARKE: OBJECTION. ARGUMENTATIVE.
THE COURT: SUSTAINED.
BY MR. FELDMAN:
Q.: WAS THE CONVERSATION TAPED?
MR. CLARKE: OBJECTION. ASKED AND ANSWERED.
THE COURT: SUSTAINED.
BY MR. FELDMAN:
Q.: HOW MANY OTHER PEOPLE WERE TAKING NOTES BESIDES COOKSEY AND YOU?
MR. CLARKE: OBJECTION. ASSUMES FACTS NOT IN EVIDENCE.
THE COURT: LAY THE FOUNDATION, AND I WILL ALLOW IT, MR. FELDMAN.
BY MR. FELDMAN:
Q.: WITH REGARD TO THE OTHER INDIVIDUALS THAT WERE IN THE ROOM, DO YOU RECALL WHETHER OR NOT THEY HAD PENCILS, PAPERS, PENS, ANYTHING LIKE THAT?
A.: I BELIEVE THERE WERE SOME PAPER, PENCILS, AND PENS IN THE ROOM.
Q.: AND DO YOU RECALL WHETHER OR NOT THERE WERE PAPERS IN THE ROOM ALONG WITH THE PENCILS AND PENS?
A.: I BELIEVE THERE WERE.
Q.: AND DO YOU RECALL WHILE NEAL WESTERFIELD WAS TALKING EITHER — ANYONE ELSE IN THE ROOM WAS WRITING BESIDES YOU?
A.: MOST OF MY ATTENTION TO BE HONEST WAS ON MR. DUSEK. AND I DON’T BELIEVE HE WAS TAKING ANY NOTES.
Q.: DID HE HAVE A PEN IN HIS HAND?
A.: I DON’T RECALL.
Q.: HOW ABOUT MR. CLARKE; DO YOU RECALL MR. CLARKE BEING PRESENT?
A.: I DO.
Q.: HOW LONG DID THAT COMMUNICATION BETWEEN YOU AND DAVID NEAL WESTERFIELD AND MR. DUSEK AND MR. CLARKE AND MR. COOKSEY OCCUR?
A.: PERHAPS AN HOUR.
Q.: WERE YOU TIMING IT?
A.: THAT’S WHY I SAID PERHAPS.
Q.: OKAY.
SO IT COULD HAVE BEEN AN HOUR AND A HALF, IS THAT RIGHT?
A.: IT COULD HAVE BEEN.
Q.: COULD HAVE BEEN TWO HOURS, IS THAT RIGHT?
A.: I DON’T THINK IT WAS THAT LONG.
Q.: OKAY.
SO SOMEWHERE BETWEEN HOUR AND A HALF AND TWO HOURS?
A.: LIKE I SAID, APPROXIMATELY AN HOUR I WOULD GUESS.
Q.: WELL, I DON’T WANT YOU TO GUESS, SIR.
A.: WELL, YOU ARE ASKING ME TO, SO I GAVE AN ANSWER THAT I SAID WAS ABOUT AN HOUR, AND THEN YOU PUT IN, YOU KNOW, LONGER AND LONGER AND LONGER. SO —
Q.: WHEN YOU GO TO THE D. A.’S OFFICE, DO YOU HAVE TO SIGN IN?
A.: YEAH. NO. WHEN I GO IN, I CHECK IN WITH THE CLERK OR THE LADY THERE, AND THEN IN THAT CASE I WAITED FOR A WHILE.
Q.: OKAY.
THIS WAS ON THE ELEVENTH FLOOR OF THE D. A. OFFICE, IS THAT RIGHT?
A.: YES, SIR.
Q.: AND DO YOU RECALL WHETHER OR NOT MR. DUSEK OR MR. CLARKE WAS PAGED OR WHETHER THE LADY WROTE DOWN THE TIME YOU ARRIVED?
MR. CLARKE: OBJECTION. IRRELEVANT, YOUR HONOR.
THE COURT: OVERRULED.
YOU CAN ANSWER.
THE WITNESS: I BELIEVE THAT SHE CALLED BACK THERE AND TOLD ME HAVE A SEAT. I SAT DOWN AND READ A MAGAZINE FOR A WHILE.
BY MR. FELDMAN
Q.: WHERE WAS DAVID NEAL WESTERFIELD AT THAT TIME, IF YOU KNOW?
A.: I DON’T KNOW.
Q.: HAD YOU EVER MET HIM BEFORE THAT DAY?
A.: NO, SIR.
Q.: WAS ANYBODY PRESENT WITH NEAL WESTERFIELD DURING THE COURSE OF THE INTERVIEW?
A.: I BELIEVE HIS MOTHER.
Q.: WAS SHE TAKING NOTES?
A.: I DON’T THINK SHE WAS.
Q.: IT WAS DURING THE COURSE OF THAT CONVERSATION THAT DAVID NEAL WESTERFIELD TOLD YOU THAT HE HAD HAD A CONVERSATION WITH THE DEFENSE COUNSEL, IS THAT RIGHT?
A.: I BELIEVE HE DID.
Q.: AND HE INDICATED THAT DEFENSE COUNSEL HAD SHOWN TO HIM SCREEN CAPTURES THAT HAD BEEN IDENTIFIED IN THIS COURTROOM BY MARCUS LAWSON, ISN’T THAT RIGHT?
A.: THAT IS CORRECT.
Q.: AND SCREEN CAPTURES SPECIFICALLY INDICATE, DO THEY NOT, THAT AT I THINK 4:40 IN THE P.M. OF FEBRUARY 4, LESBIAN BORDELLO WAS ACCESSED. IS THAT RIGHT?
A.: NO. WHAT THEY INDICATED, WHAT THE SCREEN SHOT SHOWS IS THAT THE ACTUAL IMAGE ITSELF WAS — WELL, THE IMAGE, THE LESBIAN BORDELLO DOT J PEG IS ACTUALLY EMBEDDED IN ONE OF THE
E-MAILS, AND ALL THAT INDICATES IS THAT HE LOOKED AT THE E-MAIL. THE WAY THAT THIS E-MAIL WORKS IS WHEN YOU GO TO HOT MAIL DOT COM., YOU SEND A CALL OUT TO THE SERVER WHERE HOT MAIL IS LOCATED.
NOW, HOT MAIL HAS PUT — GETS YOUR E-MAIL OUT. AND WHEN IT LOOKS AT THE H.T.M.L. PAGE, THE FIRST PART IS SENT OUT. IT’S A LOT LIKE A NEWSPAPER, IF YOU WOULD, WITHOUT PICTURES. YOU’VE GOT ALL OF THE TEXT. INSTEAD OF "UNION-TRIBUNE," IT’S A BLANK. INSTEAD OF A PICTURE IT’S JUST A BLANK SQUARE. YOU’VE GOT WHERE THE GRAPHICS ARE AGAIN JUST BLANK SQUARES. BUT YOU’VE GOT THE TEXT. AND INSIDE THIS WEB PAGE OR THE H.T.M.L. PAGE IS A CODE THAT TALKS ABOUT THE SIZE, THE COLOR, THE TYPE OF THE — THE TYPE, THE TYPE FACE. SO IF YOU WANT TO HAVE A BLACK OR BLUE COLOR, THAT’S WHAT IT TELLS IT.
IT ALSO — THE SERVER AT HOT MAIL THEN ALSO GATHERS UP ALL THE PICTURES, AND IT SENDS TO YOUR COMPUTER THE H.T.M.L. PAGE LIKE IN ONE PACKET OR ELEMENT, AND THEN IT SENDS ALL THE PICTURES IN DIFFERENT ELEMENTS. ALL THOSE PICTURES AND H.T.M.L. PAGING IN AND SITS IN YOUR TEMPORARY INTERNET FILE AND JUST SITS THERE.
IT’S VERY FAST, OF COURSE. ONCE EVERYTHING’S ON YOUR COMPUTER, IT’S ALL REASSEMBLED. YOU GET THAT OUTLINE LIKE I TALKED ABOUT, THE FRAMEWORK, AND EACH OF THOSE PICTURES ARE THEN PLACED INSIDE THOSE BLANK SQUARES. THOSE TWO PICTURES THAT YOU SHOWED ME WHEN I TESTIFIED LAST, AND THAT I BELIEVE YOU SHOWED NEAL WESTERFIELD, ARE JUST TWO OF THE PICTURES THAT WERE INSERTED INTO THE E-MAIL WEB PAGE. MY EXAMINATION AND REALLY BASIC FORENSICS IS YOU DON’T MAKE A DETERMINATION —
MR. FELDMAN: I’M SORRY. THERE HASN’T BEEN A QUESTION PENDING QUITE SOME TIME.
THE COURT: IT’S BECOMING NARRATIVE IF THAT’S YOUR OBJECTION. SUSTAINED.
THE WITNESS: SORRY.
THE COURT: LADIES AND GENTLEMEN, WE NEED TO TAKE A SHORT BREAK TO CHANGE REPORTERS. ALSO WE ARE GOING TO BE LEAVING EARLY. BUT WE DO NEED TO TAKE A BREAK, SO WE WILL TAKE IT RIGHT NOW.
PLEASE REMEMBER THE ADMONITION OF THE COURT NOT TO DISCUSS ANY OF THE EVIDENCE OR TESTIMONY AMONG YOURSELVES OR WITH OTHERS NOR FORM OR EXPRESS ANY OPINIONS ON THE MATTER UNTIL IT IS SUBMITTED TO YOU.
I GUESS WE BETTER SHOOT FOR 3:05, PLEASE. FIVE MINUTES AFTER 3:00.
(RECESS, 2:50 O’CLOCK, P.M., TO 3:05 O’CLOCK, P.M.)