01 – Day 1- June 4th 2002 – Transcript criminal trial David Westerfield

DAY 1- SAN DIEGO, CALIFORNIA, TUESDAY, JUNE 4, 2002, 9:50 A.M.


Judge William Mudd instructions to the jury, prosecutor Dusek opening statement.


–O0O–
THE FOLLOWING OCCURRED OUT OF THE PRESENCE OF THE JURY: PROCEEDINGS NOT PART OF THE PUBLIC RECORD.

(END OF PROCEEDINGS OUT OF THE PRESENCE OF THE JURY.)

THE COURT: GOOD MORNING, LADIES AND GENTLEMEN, AND WELCOME BACK. I HAD HOPED WHEN WE NEXT MET THAT THE PADRES WOULD BE ON A LENGTHY WINNING STREAK. UNFORTUNATELY THAT WAS NOT TO BE.

AS YOU ALL KNOW, HAVING GONE THROUGH THE ORIENTATION PROGRAM THAT WAS PUT ON BY THE JURY COMMISSIONER, TRIALS IN THIS STATE ARE CONDUCTED IN VARIOUS PHASES OR STAGES. YOU FOLKS HAVE ALREADY BEEN THROUGH THE JURY-SELECTION PROCESS AND ARE NOW THE TWELVE JURORS AND SIX ALTERNATES THAT HAVE BEEN SELECTED TO HEAR THIS MATTER.

THE NEXT PHASE OF THE TRIAL IS ANOTHER ORIENTATION. THIS ORIENTATION, HOWEVER, IS A LITTLE MORE SPECIFIC, BECAUSE IT NOW DEALS WITH SOME OF THE DOS AND DON’TS OF THIS NEW JOB THAT YOU HAVE. LIKE EVERYTHING ELSE IN THIS STATE, THIS HAS BEEN REDUCED TO A SCRIPT FOR ME TO READ. WHEN YOU REALIZE THAT THIS SCRIPT WAS PREPARED BY LAWYERS AND JUDGES, IT WILL SOON BECOME VERY APPARENT TO YOU THAT THIS IS NOT ONLY NOT THE MOST ENTERTAINING MATERIAL YOU’VE EVER HEARD, BUT, IN ADDITION TO THAT, IT MIGHT SOUND CONFUSING AND A LITTLE CONVOLUTED. DON’T WORRY ABOUT IT. WE’RE GOING TO BE TALKING ABOUT VERY BASIC CONCEPTS, AND I WILL TRY TO INTERJECT WHERE ALL THE LEGALESE IS SOME COMMON-SENSE APPROACH TO THIS. AS SOON AS I’M DONE WITH THESE COMMENTS, YOU’LL HEAR THE OPENING STATEMENTS OF COUNSEL AND THE ACTUAL TRIAL WILL BEGIN.

MEMBERS AND ALTERNATE MEMBERS OF THE JURY, YOU’VE BEEN SELECTED AS AND SWORN AS JURORS AND ALTERNATE JURORS IN THIS MATTER. I SHALL NOW INSTRUCT YOU AS TO YOUR BASIC FUNCTIONS, DUTIES, AND CONDUCT. AT THE CONCLUSION OF THE CASE I WILL GIVE YOU FURTHER INSTRUCTIONS ON THE LAW THAT APPLIES TO THIS CASE. ALL OF THE COURT’S INSTRUCTIONS, WHETHER THEY ARE GIVEN BEFORE, DURING, OR AFTER THE TAKING OF TESTIMONY, ARE OF EQUAL IMPORTANCE.

YOU MUST BASE YOUR DECISIONS IN THIS CASE ON THE FACTS AND THE LAW. FIRST, YOU MUST DETERMINE THE FACTS FROM THE EVIDENCE RECEIVED IN THE TRIAL AND NOT FROM ANY OTHER SOURCE. A FACT IS SOMETHING PROVED BY THE EVIDENCE OR BY STIPULATION. A STIPULATION IS AN AGREEMENT BETWEEN ATTORNEYS REGARDING THE FACTS.

SECOND, YOU MUST APPLY THE LAW THAT I STATE TO YOU TO THE FACTS AS YOU DETERMINE THE FACTS TO BE, AND IN THIS WAY YOU WILL ARRIVE AT YOUR VERDICT AND ANY FINDING YOU ARE INSTRUCTED TO INCLUDE IN YOUR VERDICT.

YOU MUST ACCEPT AND FOLLOW THE LAW AS I STATE IT TO YOU, WHETHER OR NOT YOU AGREE WITH THE LAW.

IF ANYTHING CONCERNING THE LAW SAID BY THE ATTORNEYS IN THEIR ARGUMENTS OR AT ANY OTHER TIME DURING THE TRIAL CONFLICTS WITH MY INSTRUCTIONS ON THE LAW, YOU MUST FOLLOW MY INSTRUCTIONS.

YOU MUST NOT BE INFLUENCED BY PITY FOR THE DEFENDANT OR BY PREJUDICE AGAINST HIM. YOU MUST NOT BE BIASED AGAINST THE DEFENDANT BECAUSE HE HAS BEEN ARRESTED FOR THIS OFFENSE, CHARGED WITH A CRIME, OR BROUGHT TO TRIAL. NONE OF THESE CIRCUMSTANCES IS EVIDENCE OF GUILT, AND YOU MUST NOT INFER OR ASSUME FROM ANY OR ALL OF THEM THAT HE IS MORE LIKELY TO BE GUILTY THAN NOT GUILTY.

DURING THIS PHASE OF THE TRIAL YOU MUST NOT BE INFLUENCED BY MERE SENTIMENT, CONJECTURE, SYMPATHY, PASSION, PREJUDICE, PUBLIC OPINION OR PUBLIC FEELING. BOTH THE PEOPLE AND MR. WESTERFIELD HAVE A RIGHT TO EXPECT THAT YOU WILL CONSCIENTIOUSLY CONSIDER AND WEIGH THE EVIDENCE, APPLY THE LAW, AND REACH A JUST VERDICT REGARDLESS OF THE CONSEQUENCES.

STATEMENTS MADE BY THE ATTORNEYS DURING THE TRIAL ARE NOT EVIDENCE. HOWEVER, IF THE ATTORNEYS STIPULATE OR AGREE TO A FACT, YOU MUST REGARD THAT FACT AS PROVEN.

IF AN OBJECTION IS SUSTAINED TO A QUESTION, DO NOT GUESS WHAT THE ANSWER MIGHT HAVE BEEN. DO NOT SPECULATE AS TO THE REASON FOR THE OBJECTION.

DO NOT ASSUME TO BE TRUE ANY INSINUATION SUGGESTED BY A QUESTION THAT HAS BEEN ASKED A WITNESS. A QUESTION IS NOT EVIDENCE AND MAY BE CONSIDERED ONLY AS IT HELPS YOU TO UNDERSTAND THE ANSWER.

DO NOT CONSIDER FOR ANY PURPOSE ANY OFFER OF EVIDENCE THAT IS REJECTED OR ANY EVIDENCE THAT IS STRICKEN BY THE COURT. TREAT IT AS THOUGH YOU HAD NEVER HEARD OF IT.

YOU MUST NOT INDEPENDENTLY INVESTIGATE THE FACTS OR THE LAW OR CONSIDER OR DISCUSS FACTS AS TO WHICH THERE IS NO EVIDENCE. THIS MEANS, FOR EXAMPLE, THAT YOU MUST NOT ON YOUR OWN VISIT THE SCENE, CONDUCT EXPERIMENTS, OR CONSULT REFERENCE WORKS OR PERSONS FOR ADDITIONAL INFORMATION.

YOU MUST NOT CONVERSE AMONG YOURSELVES OR WITH ANYONE ELSE ON ANY SUBJECT CONNECTED WITH THE TRIAL EXCEPT WHEN ALL OF THE FOLLOWING CONDITIONS EXIST:

(A) THE CASE HAS BEEN SUBMITTED TO YOU FOR YOUR DECISION BY THE COURT FOLLOWING ARGUMENTS BY COUNSEL AND JURY INSTRUCTIONS;

(B) YOU ARE DISCUSSING THE CASE WITH A FELLOW JUROR; AND,

(C) ALL TWELVE JURORS ARE PRESENT IN THE JURY DELIBERATING ROOM.

YOU MUST NOT READ OR LISTEN TO ANY ACCOUNTS OR DISCUSSIONS OF THE CASE REPORTED BY THE NEWSPAPERS OR OTHER NEWS MEDIA, INCLUDING RADIO AND TELEVISION.

AT THIS JUNCTURE, LADIES AND GENTLEMEN, I’M GOING TO DIVERT A LITTLE BIT AND TALK ABOUT THE MEDIA. DURING JURY SELECTION A COUPLE ASSURANCES WERE MADE, AND I WANT TO CONFIRM THOSE WITH YOU NOW. NUMBER ONE, YOUR NAMES WILL NEVER BE DISCLOSED. THEY ARE UNDER SEAL BY COURT ORDER. YOU WILL BE KNOWN BY YOUR SEAT NUMBER ONLY. NOW, OTHER THAN JUROR NUMBER ONE WHO MYSTERIOUSLY HAS MADE IT ALL THE WAY THROUGH THE PROCESS IN HER OWN SEAT WITH HER OWN NUMBER, ALL THE REST OF YOU HAVE JURY NUMBERS THAT DO NOT MATCH YOUR CURRENT SEAT. HOWEVER, WE KNOW WHAT YOUR NUMBER IS. SO FROM NOW ON YOU WILL BE KNOWN BY THE SEAT NUMBER THAT YOU OCCUPY IN THE JURYBOX. SO IF FOR ANY REASON YOU NEED TO DROP ME A NOTE OR ANYTHING ELSE, YOUR SEAT NUMBER WILL BE THE NUMBER YOU CURRENTLY OCCUPY.

NONE OF YOU WILL BE PHOTOGRAPHED IN ANY WAY. YOU SEE THIS CAMERA, IT MAY APPEAR TO BE PANNING. IT WILL BE OVER HERE LOOKING AT THE WITNESSES AND SO FORTH. IT MAY CATCH THE LAWYERS MOVING AROUND IN HERE. BUT I CAN ASSURE YOU YOU WILL NOT BE FILMED.

IN ADDITION TO THAT, AT THE CONCLUSION OF THIS CASE, SHOULD A VERDICT BE RENDERED AND ALL DECISIONS IN, I WILL GIVE YOU AN OPTION AT THAT TIME TO TALK TO THE MEDIA IF YOU SO DESIRE. IF YOU DON’T, YOU WILL NEVER TALK TO THEM, AND THEY WILL NEVER KNOW WHO YOU ARE.

IN THAT REGARD, I MUST INSIST THAT YOU WEAR YOUR JURORS’ BADGES FROM THE TIME YOU ARRIVE HERE AT THE COURTHOUSE UNTIL YOU LEAVE IN THE AFTERNOON. NOW, I ALSO REQUEST THAT YOU WEAR THEM OVER THE LUNCH HOUR. I KNOW THEY ARE NOT THE MOST STYLISH THING TO GO WALKING AROUND DOWNTOWN SAN DIEGO WITH, BUT BY WEARING THOSE BADGES, OTHERS THAT ARE INTERESTED IN COURT PROCEEDINGS KNOW YOU’RE A JUROR, SO, FOR EXAMPLE, IF THEY’RE WITNESSES OR THEY’RE LAWYERS AND THEY HAPPEN TO BE IN A CROWDED RESTAURANT WITH YOU, THEY KNOW NOT TO DISCUSS CASES. SO PLEASE WEAR THE BADGE FROM THE TIME YOU ARRIVE UNTIL YOU LEAVE EACH EVENING.

THAT BRINGS US TO THE SUBJECT OF MEDIA. I, LIKE YOU, HAVE CERTAIN WAYS IN WHICH I GATHER INFORMATION ON A DAILY BASIS. AND I’M USING SOME UNIQUE WAYS THAT I HAVE NEVER IN THE PAST DONE JUST TO KEEP KIND OF A HANDLE ON WHAT IS GOING ON IN OUR COMMUNITY. I CAN TELL YOU UNEQUIVOCALLY THAT PROBABLY NOT INTENTIONALLY THERE IS A LOT OF MISINFORMATION THAT IS OUT ON THE MEDIA REGARDING THIS TRIAL. IT IS MISINFORMATION THAT IF YOU LISTEN TO AND INCORPORATE IN THIS TRIAL DOES A GRAVE DISSERVICE TO BOTH SIDES IN THIS CASE. ALL EIGHTEEN OF YOU HAVE AGREED AND THESE LAWYERS HAVE SELECTED YOU BECAUSE YOU HAVE AGREED TO MAKE YOUR DECISIONS IN THIS CASE BASED SOLELY ON WHAT YOU SEE AND HEAR IN THIS COURTROOM.

THIS COURT HAS MANY OPTIONS IN TERMS OF HANDLING THE MEDIA. I HAVE SELECTED BECAUSE I THINK IT’S THE BEST FOR YOU AND IT’S THE BEST FOR THE TRIAL TO CONTINUE TO SELF-POLICE; THAT IS, ALLOW YOU TO DRAW THE LINE. YOU KNOW WHAT THE CASE IS ABOUT. YOU KNOW HOW YOU GENERALLY GET YOUR INFORMATION REGARDING WHAT’S GOING ON IN THE WORLD. WHEN YOU HEAR, IF YOU HEAR, IF YOU SEE IN THE PAPER, ARTICLES DEALING WITH THIS CASE, YOU ARE GOING TO GET SNIPPETS AND BITS AND PIECES OF THE TRIAL. YOU WILL SEE AND HEAR IT ALL. SO FOR THE TIME BEING, CONTINUE TO JUST PUSH THE BUTTON TO ANOTHER RADIO STATION, HIT THE SWITCH AND TRY TO FIND A TELEVISION STATION THAT DOESN’T HAVE IT ON, IF YOU CAN, OR MAYBE SWITCH OVER TO SOMETHING ELSE. BUT FOR THE TIME BEING, PLEASE, DO NOT LOOK AT ANYTHING THAT HAS ANYTHING TO DO WITH THIS CASE, WHETHER IT BE PRINT, RADIO, OR TELEVISION MEDIA. IF PROBLEMS COME UP, I’LL ADDRESS THOSE WITH YOU.

YOU HAVE BEEN GIVEN NOTEBOOKS AND PENS. LEAVE THEM ON YOUR SEAT WHEN YOU LEAVE EACH DAY AND AT EACH RECESS. YOU WILL BE ABLE TO TAKE THEM INTO THE JURYROOM WHEN YOU DELIBERATE.

A WORD OF CAUTION. YOU MAY TAKE NOTES. HOWEVER, YOU SHOULD NOT PERMIT NOTE-TAKING TO DISTRACT YOU FROM THE ONGOING PROCEEDINGS. REMEMBER, YOU ARE THE JUDGES OF THE BELIEVABILITY OF WITNESSES. NOTES ARE ONLY AN AID TO MEMORY AND SHOULD NOT TAKE PRECEDENCE OVER RECOLLECTION. A JUROR WHO DOES NOT TAKE NOTES SHOULD RELY ON HIS OR HER RECOLLECTION OF THE EVIDENCE AND NOT BE INFLUENCED BY THE FACT THAT OTHER JURORS DO TAKE NOTES. NOTES ARE FOR THE NOTETAKER’S OWN PERSONAL USE IN REFRESHING HIS OR HER RECOLLECTION OF THE EVIDENCE.

FINALLY, SHOULD A DISCREPANCY EXIST BETWEEN A JUROR’S RECOLLECTION OF THE EVIDENCE AND A JUROR’S NOTES OR BETWEEN ONE JUROR’S RECOLLECTION AND THAT OF ANOTHER, YOU MAY REQUEST THAT THE REPORTER READ BACK THE RELEVANT TESTIMONY WHICH MUST PREVAIL.

I WANT TO TALK TO YOU A LITTLE BIT ABOUT THESE NOTEBOOKS. AS YOU CAN SEE, IT’S BASICALLY A STENO PAD. ATTACHED TO THAT IS A COUNTY OF SAN DIEGO INK PEN WHICH MEANS IT HAS ABOUT A FIFTY/FIFTY CHANCE OF HAVING INK IN IT THROUGHOUT THE COURSE OF THIS TRIAL. BUT THE COUNTY HAS SPARED NO EXPENSE, AND WE HAVE AS MANY OF THESE CHEAP PENS AS WE NEED. SO IF YOURS RUNS OUT OF INK OR YOU HAPPEN TO GET THE NOTEBOOK OF A PRIOR JUROR WHO TOOK COPIOUS NOTES, JUST LET ONE OF THE STAFF KNOW, AND THEY WILL REPLENISH YOUR SUPPLY.

YOU WILL NOTE THAT THE BOOK HAS A NUMBER ON IT. THAT NUMBER CORRESPONDS WITH YOUR SEAT NUMBER. THESE BOOKS MUST BE LEFT IN THE COURTROOM AT ALL TIMES. THEY’RE NOT TO BE TAKEN WITH YOU DURING RECESSES OR OVERNIGHT. THEY MUST REMAIN ON YOUR SEAT. THEY WILL, HOWEVER, BE WITH YOU IN THE JURYROOM TO REFER TO.

YOU SHOULD HAVE COMPLETE CONFIDENCE THAT THIS BOOK IS FOR YOUR EYES ONLY. NO ONE ELSE IS GOING TO SEE IT. AT THE END OF THIS CASE, WHEN IT’S OVER, YOU’RE WELCOME TO TAKE YOUR NOTES IF YOU WANT THEM. IF YOU LEAVE THEM IN THE BOOK, THEY WILL BE DESTROYED. SO YOU CAN BE AS SHARP OR AS CRITICAL AS YOU WANT TO BE IN YOUR ANALYSIS OF WHAT’S GOING ON, BECAUSE IT’S REALLY FOR YOUR EYES ONLY AND FOR YOUR PURPOSES ONLY.

THIS INSTRUCTION TALKS ABOUT NOT TAKING TOO MANY NOTES IN ESSENCE. WELL, THAT’S BOB’S JOB. ROBERT STARK IS MY CERTIFIED SHORTHAND REPORTER, AND BOB’S JOB IN ALL OF THIS IS TO TAKE DOWN A VERBATIM RECORD OF EVERYTHING THAT IS SAID. BUT A CRITICAL ROLE THAT YOU FOLKS PLAY IN ALL OF THIS IS TO DETERMINE WHAT HAPPENED. AND THE WAY YOU’RE GOING TO DO THAT IS TO EVALUATE THE PEOPLE THAT COME IN, TAKE THE OATH, AND TESTIFY. AS A HUMAN BEING, THE WAY YOU DO THAT IS NOT ONLY LISTEN TO THEM, BUT LOOK AT THEM AS WELL. IT’S CALLED BODY LANGUAGE. SO DON’T ALLOW YOURSELVES TO BURY YOUR HEAD AND TAKE COPIOUS NOTES WITHOUT DOING SOME OF THE OTHER THINGS THAT YOU NEED TO DO TO HAVE CONFIDENCE IN THE EVIDENCE THAT YOU’RE ULTIMATELY GOING TO MAKE YOUR DECISION ON.

NOW THAT I’VE SAID THAT, I WANT EVERYBODY TO TURN TO THE VERY FIRST PAGE BECAUSE I’M GOING TO GIVE YOU SOME INFORMATION, AND THEN YOU ARE GOING TO TEAR THAT PAGE OUT SO YOU HAVE IT WITH YOU THROUGHOUT THE TRIAL.

AS YOU KNOW, YOU ARE STUCK IN DEPARTMENT 40 OF THE SUPERIOR COURT. OUR PHONE NUMBER HERE IS AREA CODE 619,

531-3834. THAT’S 619, 531-3834.

SO FOR THOSE OF YOU THAT NEED TO LEAVE AN EMERGENCY NUMBER FOR A DAY CARE PROVIDER, MAYBE YOU’VE GOT A BOSS THAT DOESN’T REALLY BELIEVE YOU’RE ON JURY DUTY OR MAYBE YOUR SPOUSE JUST WANTS TO KNOW HOW TO GET IN TOUCH WITH YOU, PLEASE FEEL FREE TO GIVE OUT THAT NUMBER. MY STAFF IS INSTRUCTED TO ANSWER THE PHONE EVEN WHEN WE’RE IN SESSION. SO IF SOMEONE NEEDS TO GET AHOLD OF YOU FOR ANY REASON, THEY CAN CALL AND WE WILL GET A MESSAGE TO YOU.

ALSO, IF FOR ANY REASON YOU’RE NOT GOING TO BE ON TIME FOR A SESSION OF COURT, LIKE YOU MISS YOUR BUS, YOUR CAR HAS A DEAD BATTERY, WHATEVER, PLEASE CALL AND LET US KNOW YOUR EXPECTED TIME OF ARRIVAL SO THAT WE CAN TELL THE REST OF THE JURORS MAYBE GO GET A CUP OF COFFEE, OR IF IT’S REALLY SOMETHING UNTOWARD THAT HAS HAPPENED TO YOU OR A FAMILY MEMBER, WE CAN REPLACE YOU WITH ONE OF OUR ALTERNATES.

ALSO, THE FOLLOWING DATES — IT MAY SOUND LIKE IT’S FAR AWAY, BUT PLANNING IS ALWAYS THE BEST POSTURE HERE. WE WILL NOT BE IN SESSIONS ON FRIDAYS. SO YOU FOLKS CAN GO TO WORK, PLAY HOOKEY, WHATEVER YOU WANT TO DO. BUT WE WILL NOT BE PAYING YOU THE BIG FIFTEEN BUCKS ON FRIDAYS. SO YOU WON’T BE HERE ON FRIDAYS.

IN ADDITION TO THAT, WHEN WE GET INTO JULY, THE NATIONAL HOLIDAY IS ON JULY 4TH, WHICH IS A THURSDAY. SO WE’VE GOT BASICALLY — WE WILL NOT BE IN SESSION ON THE 4TH. THE 5TH IS A FRIDAY, SO BASICALLY THAT FOUR-DAY WEEKEND YOU FOLKS WILL BE OFF. COURT MAY OR MAY NOT BE IN SESSION, BUT YOU WILL NOT BE HERE ON THAT FRIDAY, SO YOU CAN COUNT ON THAT FOUR DAYS OFF.

ALSO, IF THE TRIAL IS STILL GOING, AND I’M NOT SURE WHETHER IT WILL BE, BUT THE WEEK OF JULY 15TH THROUGH 19TH, THE COURT IS GONE. I TREASURE MY THIRTY-THREE-YEAR MARRIAGE; AND IF I DON’T MAKE THIS TRIP, MY WIFE WILL HAVE MY HEAD. AND THIS WAS PART OF MY AGREEMENT WITH EVERYBODY IN TAKING THIS CASE. SO I WILL NOT BE HERE THE 15TH THROUGH THE 19TH. SO I HAVE NO IDEA IF THE CASE WILL BE OVER BY THEN OR WHETHER WE’LL BE IN SECOND PHASE, I HAVE NO WAY OF KNOWING. BUT FOR PLANNING PURPOSES, FOR YOUR EMPLOYER PURPOSES, YOU CAN MARK THIS WEEK DOWN. YOU WILL NOT BE IN SESSION.

ALL RIGHT. YOU WILL BE PERMITTED TO SEPARATE AT RECESSES. YOU MUST RETURN FOLLOWING THE RECESSES AT SUCH TIMES AS I INSTRUCT YOU. DURING RECESSES YOU MUST NOT DISCUSS WITH ANYONE ANY SUBJECT CONNECTED WITH THIS TRIAL.

AS FOR OUR SIX ALTERNATE JURORS, YOU ARE BOUND BY ALL OF THESE ADMONITIONS. YOU MUST NOT CONVERSE AMONG YOURSELVES OR WITH ANYONE ELSE ON ANY SUBJECT CONNECTED WITH THIS TRIAL OR TO FORM OR EXPRESS ANY OPINION ON THE CASE UNTIL IT IS SUBMITTED TO YOU, WHICH MEANS UNTIL SUCH TIME AS YOU ARE SUBSTITUTED IN FOR ONE OF THE TWELVE JURORS AND BEGIN DELIBERATING ON THE CASE.

THIS MEANS THAT YOU MUST NOT DECIDE HOW YOU WOULD VOTE IF YOU WERE DELIBERATING WITH THE OTHER JURORS AND THAT YOU MUST NOT FORM OR EXPRESS ANY OPINION ABOUT THE CASE UNLESS AND UNTIL YOU HAVE BEEN SUBSTITUTED IN AS A JUROR.

YOU MUST NOT VISIT OR VIEW THE PREMISES OR PLACE WHERE THE CRIME OR CRIMES CHARGED HEREIN WERE ALLEGED TO HAVE BEEN COMMITTED OR ANY OTHER PREMISES OR PLACES MENTIONED OR INVOLVED IN THIS CASE. WE HAVE ONE EXCEPTION. I BELIEVE IT’S JUROR THIRTEEN. IS THAT CORRECT? YOU’VE GOT YOUR HIGH SCHOOL REUNION IN A LOCATION. I THINK COUNSEL HAVE COVERED THIS ADEQUATELY IN THEIR CHATS WITH YOU, AND YOU’VE ASSURED US YOU WILL USE THE SAME INFORMATION AS THE REST OF THE JURY PANEL. SO THAT’S THE ONLY EXCEPTION THAT I’M AWARE OF AMONG THIS GROUP OF EIGHTEEN.

DURING THE COURSE OF THIS TRIAL AND BEFORE YOU BEGIN YOUR DELIBERATIONS, YOU MUST KEEP AN OPEN MIND ON THIS CASE AND UPON ALL OF THE ISSUES THAT YOU WILL BE ASKED TO DECIDE. IN OTHER WORDS, YOU MUST NOT FORM OR EXPRESS ANY OPINIONS ON THIS CASE UNTIL THE MATTER IS FINALLY SUBMITTED TO YOU.

BEFORE AND WITHIN NINETY DAYS OF YOUR DISCHARGE AS A JUROR IN THIS MATTER, YOU MUST NOT REQUEST, ACCEPT, AGREE TO ACCEPT, OR DISCUSS WITH ANY PERSON RECEIVING OR ACCEPTING ANY PAYMENT OR BENEFIT IN CONSIDERATION FOR SUPPLYING ANY INFORMATION CONCERNING THE TRIAL.

NOW, WHAT IN THE WORLD HAVE I JUST TOLD YOU YOU CAN’T DO. THIS INSTRUCTION AROSE OUT OF THE O. J. SIMPSON CASE, AND IT DEALS DIRECTLY WITH THE FACT THAT IN THAT PARTICULAR CASE EVERYBODY AND HIS BROTHER THAT PUBLISHED ANY KIND OF PUBLICATION WANTED THE OPINIONS OF THE JURORS THAT SAT ON THAT MATTER AND WERE WILLING TO PAY FOR IT. GENERALLY I MAKE A JOKE AT THIS POINT IN TIME BECAUSE I’VE NEVER HAD A CASE WHERE ANYONE MIGHT EVEN BE INTERESTED IN DOING THAT. BUT MY DAY HAS COME.

THE BOTTOM LINE IS VERY SIMPLE: YOU HAVE TO WAIT NINETY DAYS AFTER YOUR DISCHARGE BEFORE YOU CONTACT YOUR LITERARY AGENT, SUBMIT YOUR SCREENPLAY FOR POSSIBLE EDITING, OR YOUR BOOK FOR POSSIBLE PUBLICATION. THE BOTTOM LINE IS AT SOME POINT SOMEONE MIGHT REALLY BE INTERESTED IN WHAT YOU HAVE TO SAY AND BE WILLING TO PAY FOR IT. I HAVE NO IDEA. BUT THE BOTTOM LINE IS THAT IF YOU DO GET INVOLVED IN THAT, YOU HAVE TO WAIT NINETY DAYS AFTER YOUR DISCHARGE.

YOU MUST PROMPTLY REPORT TO THE COURT ANY INCIDENT WITHIN YOUR KNOWLEDGE INVOLVING AN ATTEMPT BY ANY PERSON TO IMPROPERLY INFLUENCE ANY MEMBER OF THIS JURY. NOW, I MENTIONED THIS BEFORE DURING JURY SELECTION; I WANT TO EMPHASIZE IT AGAIN. NO ONE, AND I MEAN NO ONE, SHOULD CONTACT YOU REGARDING THIS CASE. IF YOU ARE CONTACTED, WHETHER IT BE IN THE HALLWAY OR IN SOME OTHER AREA, YOU ARE ORDERED TO REPORT THAT CONTACT IMMEDIATELY, EITHER TO THE BAILIFF STAFF, MYSELF, BECAUSE OBVIOUSLY NOT ONLY DO I NOT WANT YOU BOTHERED, WHICH I HAVE GIVEN YOU ASSURANCES ON, BUT, IN ADDITION TO THAT, WE DON’T WANT ANY CONTACT OUTSIDE OF THE COURTROOM. I’M NOT ANTICIPATING A PROBLEM, INCIDENTALLY. WE’VE GOTTEN GREAT COOPERATION.

AT THIS TIME THE LAWYERS WILL BE PERMITTED TO MAKE AN OPENING STATEMENT IF THEY ELECT TO DO SO. AN OPENING STATEMENT IS NOT EVIDENCE. BECAUSE IT IS NOT EVIDENCE, DO NOT TAKE ANY NOTES DURING THE OPENING STATEMENT. NEITHER IS IT AN ARGUMENT. COUNSEL ARE NOT PERMITTED AT THIS TIME TO ARGUE THE CASE AT THIS JUNCTURE OF THE PROCEEDINGS. AN OPENING STATEMENT IS SIMPLY AN OUTLINE BY COUNSEL OF WHAT THEY BELIEVE OR EXPECT THE EVIDENCE WILL SHOW IN THIS TRIAL. ITS SOLE PURPOSE IS TO ASSIST YOU IN UNDERSTANDING THE CASE AS IT IS PRESENTED.

NOW, THE WAY THE SCHEDULING IS GOING TO GO, LADIES AND GENTLEMEN, IS AS FOLLOWS: THE PEOPLE WILL BE MAKING THEIR OPENING STATEMENT. I HAVE BEEN ADVISED BY MR. FELDMAN THAT HE DESIRES TO MAKE HIS OPENING STATEMENT IMMEDIATELY THEREAFTER. DEPENDING ON WHEN MR. DUSEK IS DONE, WE ARE GOING TO EVALUATE THE TIME ON THE CLOCK IN TERMS OF HOW CLOSE TO THE NOON HOUR IT IS. AND WE MAY BE BREAKING EARLY FOR LUNCH BECAUSE AS AN OLD TRIAL LAWYER MYSELF, I FOUND IT VERY DISCONCERTING TO HAVE YOUR ARGUMENTS INTERRUPTED. AND I HAVE INSURED MR. FELDMAN THAT HE WILL BE ABLE TO MAKE HIS OPENING PRESENTATION WITHOUT INTERRUPTION. SO WE MAY TAKE AN EARLY LUNCH HOUR.

ALSO, AS IT RELATES TO OUR NORMAL DAYS, HISTORICALLY I HAVE 8:30 CALENDARS ON COMPLETELY OTHER MATTERS. I HAVE DONE THE BEST I CAN TO GET RID OF ALL OF THOSE AND SHOVE THEM DOWN TO FRIDAYS WHEN YOU FOLKS WON’T BE HERE. I’M ANTICIPATING AND HOPING THAT WE’RE GOING TO BE ABLE TO START AT 9:00 O’CLOCK IN THE MORNING, GO FOR ABOUT AN HOUR AND A HALF, TAKE A FIFTEEN-MINUTE BREAK, COME BACK, AND TAKE A LUNCH BREAK AT NOON.

I’M ANTICIPATING A NINETY-MINUTE LUNCH BREAK. AS TAXPAYERS I THINK YOU HAVE A REASON TO KNOW WHY SINCE MOST OF YOU NEVER HAD LUNCH BREAKS THAT LONG. AND THE PRIMARY REASON IS THAT THE LAWYERS IN THIS CASE ARE UNDER AN ENORMOUS AMOUNT OF PRESSURE AND DOING A GREAT AMOUNT OF WORK. BY GIVING THEM AN EXTRA HALF-HOUR, THEY CAN DEAL WITH SOME OF THE FLASH FIRES THAT INVARIABLY COME UP IN A HEAVILY LITIGATED CASE SUCH AS THIS. ALSO BY GIVING THEM THAT EXTRA HALF-HOUR, I CAN EXPECT MORE OF THEM, AND THE TRIAL REALLY DOES MOVE FASTER.

I’M HERE TO TELL YOU, HOWEVER, THAT THE LAWYERS AND I ARE COMMITTED TO PUTTING THIS CASE ON IN A TIMELY FASHION. AND IF IT STARTS LAGGING FOR WHATEVER REASON, THE FIRST THING THAT WILL GO WILL BE THAT EXTRA HALF-HOUR. BUT FOR THE TIME BEING WE’RE PLANNING ON NINETY-MINUTE LUNCH BREAKS.

WE WILL GET BACK HERE AT 1:30, AND WE WILL GO TO 3:00 O’CLOCK, TAKE A BREAK, AND YOU SHOULD BE OUT OF HERE BY 4:30 EVERY AFTERNOON FOR YOUR PLANNING PURPOSES.

OKAY. MR. DUSEK, ON BEHALF OF THE PEOPLE.

MR. DUSEK: THANK YOU, YOUR HONOR.

GOOD MORNING, LADIES AND GENTLEMEN.

THE JURORS: GOOD MORNING.

MR. DUSEK: WELCOME BACK.

THIS TRIAL WILL BE ABOUT TWO PEOPLE. TWO PEOPLE. DAVID WESTERFIELD AND DANIELLE VAN DAM. MORE SPECIFICALLY, IT WILL BE ABOUT WHAT DAVID WESTERFIELD DID TO BRENDA — OR DANIELLE VAN DAM.

BECAUSE OF THAT, WE’LL BE TALKING ABOUT THREE PRIMARY TIME PERIODS. THE FIRST BEGINS, THE FIRST AND PRIMARY BEGINS FEBRUARY 1ST AND GOES UNTIL DANIELLE’S BODY WAS RECOVERED. THE TWO OTHER PERIODS WILL BE THE WEEK BEFORE, A FRIDAY, WHEN BRENDA VAN DAM AND SOME OF HER FRIENDS HAD MINOR CONTACT WITH THE DEFENDANT. THE OTHER PERIOD OF TIME WILL BE IN THE MIDDLE OF THAT WEEK, WHEN BRENDA VAN DAM AND HER TWO CHILDREN WENT OUT SELLING GIRL SCOUT COOKIES TO THE DEFENDANT. SO WE WILL BE TALKING ABOUT THE THREE TIMES THE VAN DAM FAMILY HAD CONTACT WITH DAVID WESTERFIELD.

THE EVIDENCE IN THIS CASE WILL INDICATE THAT SOMEBODY SNEAKED INTO THE VAN DAM HOME THAT LATE EVENING FEBRUARY 1ST GOING INTO FEBRUARY 2ND; THAT SOMEBODY WAS ABLE TO GET UPSTAIRS TO DANIELLE’S ROOM; THAT SOMEBODY WAS ABLE TO GET HER OUT OF THE HOUSE. WE WILL SHOW YOU HOW THAT HAPPENED. THAT SOMEBODY KILLED HER, MURDERED HER. WE WILL SHOW YOU WHO THAT IS. AND THAT SOMEBODY DUMPED HER BODY LIKE TRASH ALONGSIDE THE ROAD DOWN IN DEHESA.

MR. FELDMAN: ARGUMENT. OBJECTION.

THE COURT: OVERRULED.

MR. DUSEK: AND THE EVIDENCE WILL SHOW YOU WHO THAT IS.

THE EVIDENCE IN THIS CASE THAT WE WILL PRESENT WILL FOCUS ON DAVID WESTERFIELD, WHAT HE DID AND WHAT HE DIDN’T DO, WHAT HE SAID AND WHAT HE DIDN’T SAY.

THE EVIDENCE STARTS BACK IN FEBRUARY, FEBRUARY 1ST, A FRIDAY, WHICH FOR MANY OF YOU MIGHT BE MORE MEMORABLE AS SUPER BOWL WEEKEND. THAT WAS THE WEEKEND OF THE SUPER BOWL THIS YEAR. THE VAN DAM FAMILY LIVES IN THE SABRE SPRINGS AREA UP BY POWAY, PENASQUITOS, CARMEL MOUNTAIN AREA, UP 15. A NICE, NEW NEIGHBORHOOD. AND YOU’LL HEAR THAT THEY’VE LIVED THERE FOR THREE, FOUR YEARS.

THEY HAVE — HAD THREE CHILDREN AND A DOG IN THIS NEIGHBORHOOD. THAT FRIDAY DAMON VAN DAM WENT OFF TO WORK. HE WORKS OVER AT QUALCOMM, IS SOME SORT OF AN ENGINEER. THE KIDS WENT TO SCHOOL. AND BRENDA VAN DAM STAYED HOME. THERE WAS A TRIP COMING UP. THE FAMILY WAS GOING TO BE ABLE TO GO TO ITALY ON A BUSINESS TRIP THAT DAMON VAN DAM HAD SCHEDULED, AND PLANS WERE BEING MADE TO TAG ALONG WITH HIM.

THAT EVENING THERE WERE ALSO PLANS FOR BRENDA VAN DAM TO GO OUT WITH SOME FRIENDS. DAMON HAD ORIGINALLY BEEN SCHEDULED TO GO ON A SNOWBOARDING TRIP WITH HIS OLDEST BOY DERRICK. HE WAS GOING TO GO WITH DERRICK AND SOME FAMILY FRIENDS THE LIBBYS. AND MR. LIBBY AND HIS BOY DERRICK WERE GOING TO GO OFF SNOWBOARDING UP TO THE MOUNTAINS THAT WEEKEND AND SPEND A NIGHT AT A CABIN THEY HAVE UP THERE. SO THE PLANS WERE FOR THEM TO GO.

BRENDA HAD MADE PLANS TO MEET WITH TWO OF HER GIRL FRIENDS, AND THEY WERE GOING TO GO OUT. ONE OF THE GIRL FRIENDS WAS LEAVING TOWN. SHE WAS BEING TRANSFERRED BACK EAST. SO THEY HAD MADE PLANS FOR A BABYSITTER TO WATCH THE CHILDREN, THE TWO KIDS THAT WERE GOING TO REMAIN BEHIND WHILE SHE WENT OUT. THE PLANS CHANGED AT THE END BECAUSE DAMON VAN DAM COULDN’T GO; THE LIBBYS HAD TO BACK OUT OF IT OR AT LEAST DELAY THE TRIP TO THE MOUNTAINS. SO DAMON VAN DAM WAS ABLE TO REMAIN HOME THAT EVENING AND HE WAS THE ONE WATCHING THEIR CHILDREN.

THAT WEEKEND AS HE WAS HOME WITH THE THREE CHILDREN, THE TWO FRIENDS OF BRENDA VAN DAM CAME OVER, BARBARA EASTON AND DENISE KEMEL. THEY CAME UP FROM I BELIEVE IT’S TIERRASANTA IS WHERE THEY LIVE. THEY LIVE NEXT TO EACH OTHER IN A COMPLEX DOWN THERE. AND THEY CAME UP, AND THEY WERE GOING TO GO OUT FOR THE EVENING TO A PLACE CALLED DAD’S.

WHEN THEY ARRIVED, THE VAN DAM FAMILY HAD JUST FINISHED EATING. I THINK BRENDA HAD GONE OUT TO GET SOME PIZZA FOR THE FAMILY THAT NIGHT. THE TWO GIRL FRIENDS SHOW UP, AND THEY CHIT-CHAT FOR A BIT, AND EVENTUALLY THEY GO OUT INTO THE GARAGE WHERE THEY SMOKE. THERE IS NO SMOKING ALLOWED IN THE GARAGE. BRENDA GOES OUT WITH THEM. THE TWO GIRL FRIENDS, BRENDA — I’M SORRY — BARBARA AND DENISE, THEY SPLIT A BEER. WHILE THEY’RE OUT THERE, THEY LIGHT UP A MARIJUANA CIGARETTE, AND THE THREE OF THEM PASS IT AROUND.

DAMON EVENTUALLY WALKS OUT INTO THE GARAGE FOR A SHORT AMOUNT OF TIME, TAKES A COUPLE OF PUFFS ON THE CIGARETTE, AND THEN GOES BACK INSIDE. AND YOU WILL HEAR WHEN HE WAS ASKED ABOUT WHAT HAPPENED THAT DAY THAT HE DIDN’T TELL THEM ABOUT THE MARIJUANA CIGARETTE. HE LIED TO THE POLICE ABOUT THAT.

WHILE THESE THREE LADIES WERE IN THE GARAGE, DENISE KEMEL EITHER GOT OR HAD TO MAKE A PHONE CALL ON A CELL. PHONE. SHE COULDN’T GET GOOD RECEPTION IN THE GARAGE, SO SHE STEPPED OUTSIDE THE SIDE DOOR SO SHE COULD GET BETTER RECEPTION. HAD TO UNLOCK THE SIDE DOOR, GET OUTSIDE, MADE THE CALL, COMPLETED THE BUSINESS THAT SHE WAS DOING, CAME BACK INTO THE GARAGE, AND DIDN’T LOCK THE DOOR, DIDN’T LOCK THE SIDE DOOR.

THE THREE LADIES EVENTUALLY GO BACK INTO THE HOUSE, CLEAN UP, AND HEAD OFF TO DAD’S. ALL THREE OF THEM ARE GOING TO GO IN ONE CAR. BRENDA VAN DAM IS GOING TO DRIVE THEM IN THEIR EXCURSION I THINK SHE HAS, AND THE TWO GIRL FRIENDS LEAVE THE CAR BEHIND AT THEIR HOUSE.

THEY DRIVE OVER TO DAD’S, WHICH IS FROM THEIR HOUSE YOU DRIVE DOWN A LITTLE STREET ‘TIL YOU GET TO POWAY ROAD, THEN YOU TURN RIGHT OR EAST ON POWAY ROAD, HEADING INTO THE TOWN OF POWAY. AND IT’S ABOUT TWO MILES INTO POWAY ON THE RIGHT-HAND SIDE. IT’S A FAMILY-TYPE RESTAURANT. DAD’S CAFE AND STEAKHOUSE I THINK IS THE NAME OF IT. PRIMARILY A FAMILY RESTAURANT DURING THE DAY FOR MORNING, LUNCH, AND DINNER. KIND OF DIVIDED IN HALF. I THINK YOU’LL SEE WHERE BASICALLY THE BOOTHS AND THE SEATING FOR THE RESTAURANT OVER ON THE LEFT-HAND SIDE, ON THE RIGHT-HAND SIDE UP FRONT THEY HAVE A ROOM, IT’S A POOL TABLE, COUPLE OF POOL TABLES UP THERE. IMMEDIATELY BEHIND THAT THEY HAVE A BAR AND A DANCE FLOOR. THE DANCE FLOOR IS COVERED WITH DINING TABLES DURING MOST OF THE DAY. ONCE YOU GET TO 10:00 O’CLOCK AT NIGHT, THOSE ARE CLEARED AWAY, AND THEY TYPICALLY HAVE A BAND THAT COMES IN, AND THERE’S DANCING.

THIS YOU WILL HEAR IS THE SECOND TIME THAT BRENDA VAN DAM HAD BEEN TO DAD’S. SHE HAD BEEN THERE THE WEEK BEFORE WITH THE SAME TWO GIRLS, BARBARA EASTON AND DENISE KEMEL. THEY HAD GONE THERE THE WEEK BEFORE. GIRLS NIGHT OUT. HAD A GOOD TIME. AND WHILE THEY WERE AT THE BAR, THE CAFE OF THAT PLACE, AT LEAST, BRENDA VAN DAM RECOGNIZED HER NEIGHBOR DAVID WESTERFIELD. AND SHE’LL TELL YOU ABOUT THE CONTACTS SHE HAD WITH HIM UP TO THAT POINT. BASICALLY NONE. THEY HAVE TO DRIVE BY THE WESTERFIELD HOUSE TO GET TO THEIR HOUSE THE WAY THAT YOU COME INTO THEIR NEIGHBORHOOD, AND IT WAS BASICALLY JUST A HI AND ‘BYE AS YOU PASS THEM ON THE STREET. YOU WAVE AT YOUR NEIGHBOR IN THIS NEW NEIGHBORHOOD WHERE EVERYONE’S JUST MOVED IN, AND THERE HAD BEEN NO CONTACT. NO CONTACT WHATSOEVER. SHE HAD NOT BEEN IN THE WESTERFIELD HOME. HE HAD NOT BEEN IN THE VAN DAM HOME.

SHE WILL TELL YOU THAT SHE KNEW HE WAS THERE, BUT THERE WAS VERY LITTLE CONTACT WITH HIM THAT NIGHT. THEY HAD A GOOD TIME, BRENDA AND HER TWO GIRL FRIENDS, AND THEY WENT HOME.

SHE’LL TELL YOU ABOUT THE SECOND CONTACT SHE HAD WITH THE DEFENDANT. THAT WILL BE LATER THAT WEEK, HALFWAY BETWEEN THE TWO FRIDAYS WHEN SHE WAS AT DAD’S. DURING THAT WEEK, WEDNESDAY OR THURSDAY, SHE AND DANIELLE AND THE YOUNGEST BOY DYLAN, WERE OUT SELLING GIRL SCOUT COOKIES. SHE’S GOING ALONG WITH HER DAUGHTER TO HELP SELL THE GIRL SCOUT COOKIES AND GOING TO ALL THE NEIGHBORHOOD HOMES. LAST SPOT THEY STOPPED AT WAS THE WESTERFIELD HOME. TELL YOU THEY KNOCKED ON THE DOOR. HE INVITED THEM IN. AND THEY, YOU KNOW, BEGAN TALKING ABOUT THE GIRL SCOUT COOKIES. QUICKLY ENOUGH, THOUGH, THE TWO KIDS, DANIELLE, SEVEN YEARS OLD, AND DYLAN, FIVE YEARS OLD I BELIEVE, GOT INTERESTED IN THE POOL OUT IN THE BACKYARD. MR. WESTERFIELD HAS A NICE POOL OUT THERE. AND THE KIDS WANTED TO GO OUT AND TAKE A LOOK. AND BRENDA LET THEM WANDER OUT THERE AND TAKE A LOOK. YOU KNOW, DON’T FALL IN THE POOL. BE CAREFUL.

THEY WERE OUT THERE FOR A BIT. EVENTUALLY CAME BACK IN. BRENDA WILL TELL YOU THAT THEY WENT NOWHERE ELSE IN THAT HOUSE. NOWHERE ELSE. DIDN’T GO UPSTAIRS, DIDN’T GO IN THE

GARAGE, STAYED WITH HER OR THEY WERE IN THE BACKYARD.

SHE’LL TELL YOU THAT WHILE SHE WAS IN THE HOUSE SHE SPOKE WITH MR. WESTERFIELD. HE HAD JUST DONE SOME NEW WORK IN HIS KITCHEN, SOME NEW GRANITE TOPS OR COROVAN OR WHATEVER IT IS ON THE TOP, AND SOME FANCY KNOBS, YOU KNOW, THAT THEY CHIT-CHATTED ABOUT. MR. WESTERFIELD BROUGHT UP THAT HE HAD SEEN HER AT DAD’S THE WEEK BEFORE. HOW COME YOU DIDN’T INTRODUCE ME TO YOUR FRIEND BARBARA. FUN CHICK BARBARA. HOW COME YOU DIDN’T INTRODUCE ME. SHE WAS KIND OF CUTE. WELL, I DON’T EVEN KNOW YOUR NAME. NO, IT’S DAVID WESTERFIELD. THEY EXCHANGED NAMES THERE.

HE INDICATED TO BARBARA VAN DAM OR BRENDA VAN DAM, I’M SORRY, THAT HE WOULD LIKE TO, YOU KNOW, MEET HER. NEXT TIME, YOU KNOW, COULD YOU INTRODUCE ME. LET HER KNOW THAT I’M A RICH SINGLE GUY HERE IN THE NEIGHBORHOOD.

THEY ALSO DISCUSSED THE COOKIES. THEY ALSO DISCUSSED MR. WESTERFIELD TOLD THEM THAT, YOU KNOW, THEY HADN’T HAD ANY CONTACT WITH EACH OTHER, YOU KNOW, HE OCCASIONALLY HAS PARTIES THERE AT HIS HOUSE, NEIGHBORHOOD-TYPE PARTIES, SOMETIMES FOR THE KIDS AND SOMETIMES FOR ADULTS. YOU KNOW, WHY DON’T YOU GIVE ME YOUR NAME AND YOUR PHONE NUMBER, AND I’LL INVITE YOU OVER NEXT TIME WE HAVE A PARTY. SO BRENDA WROTE OUT HER AND DAMON’S PHONE NUMBER, GAVE IT TO MR. WESTERFIELD.

THEY COMPLETED THE BUSINESS AT HAND, THE SELLING THE GIRL SCOUT COOKIES. HE BOUGHT A COUPLE. AND HE MENTIONED THAT HE MIGHT BE BACK AT DAD’S THAT WEEK. AND BRENDA MENTIONED THAT IF SHE CAN GET A BABYSITTER, SHE MIGHT BE OVER THERE. OTHERWISE, YOU KNOW, SEE YOU. SHE AND THE TWO CHILDREN LEAVE, GO BACK HONE.

NEXT TIME WE CATCH UP IS BACK TO DAD’S WHEN SHE AND HER GIRL FRIENDS GO ON FEBRUARY 1ST. THAT FRIDAY NIGHT AFTER DAMON CAME HOME FROM WORK, BRENDA AND HER TWO FRIENDS DRIVE OVER THERE IN THE EXCURSION, SHOW UP, AND TWO OF THEIR FRIENDS ARRIVE, A FELLOW BY THE NAME OF RICH BRADY AND ONE OF HIS KIND OF A SHIRTTAIL MARRIED IN-LAW-TYPE THING. RICH BRADY AND KEITH STONE. THEY’RE EX-BROTHERS-IN-LAW OR SOME SUCH THING. THE VAN DAMS AND BARBARA AND DENISE KEMEL DID NOT KNOW THEY WERE GOING TO BE THERE. THE TWO GUYS SHOWED UP BECAUSE KEITH STONE KNEW ONE OF THE FELLOWS THAT WAS GOING TO BE PLAYING IN THE BAND LATER THAT NIGHT. SO THEY WANTED TO COME OVER. AND IT TURNS OUT THE FIVE OF THEM KIND OF SIT TOGETHER AND CHAT WHILE THIS IS ALL GOING ON WHEN THEY FIRST GET TO THE BAR.

DAVID WESTERFIELD IS AT DAD’S THAT NIGHT. AND EVENTUALLY HE HAS TWO OF HIS FRIENDS SHOW UP. A FELLOW BY THE NAME OF GARY AND A FELLOW BY THE NAME OF JEFF. DAVID WESTERFIELD BUYS A ROUND OF DRINKS FOR THE GIRLS, FOR BRENDA, DENISE, AND BARBARA. BUT THEN THE GIRLS AND THEIR TWO FRIENDS, RICH AND KEITH, JUST KIND OF SIT THERE IN A CIRCLE TALKING TO EACH OTHER, AND MR. WESTERFIELD’S REALLY NOT PART OF IT. EVENTUALLY HIS FRIENDS SHOW UP, AND HE’S KIND OF TALKING WITH THEM.

THE RESTAURANT IS STILL OPEN. THE FOOD’S STILL BEING SERVED. AND THE BRENDA AND HER FRIENDS DECIDE, WELL, LET’S GO PLAY POOL. THE TABLES ARE OPEN. LET’S GO PLAY POOL OVER IN THAT OTHER ROOM. SO THEY GO OVER THERE TO PLAY, AND THEY HAVE TWO TABLES, AND BASICALLY IT BREAKS DOWN TO DENISE KEMEL, ONE OF HER GIRL FRIENDS, IS PLAYING POOL WITH KEITH STONE. HE’S KIND OF HOT ON HER I THINK, A LITTLE INTERESTED IN HER. KEITH AND BARBARA, I’M SORRY, KEITH AND BARBARA WERE PLAYING POOL TOGETHER. BRENDA AND DENISE WERE PLAYING POOL TOGETHER. THEY ASKED THEIR FRIEND RICH BRADY TO PLAY. AND THEN ONE OF DAVID WESTERFIELD’S JOINS THEM TO CREATE A FOURSOME SO THEY COULD HAVE TWO EVEN TEAMS. SO GARY PLAYS WITH THEM. DENISE AND BRENDA, GARY AND RICH ARE PLAYING ON ONE TABLE; BARBARA EASTON AND KEITH STONE ARE PLAYING ON THE OTHER TABLE. PLAYING POOL. AND THEY’RE DRINKING WHILE THIS IS GOING ON. THEY WILL TELL YOU THAT.

DAVID WESTERFIELD IS THERE, BUT HE’S KIND OF OFF TO THE BACK. OFF TO THE SIDE. NOT PLAYING POOL, JUST KIND OF SITTING THERE BACK THERE WATCHING. NOT REALLY INVOLVED WITH WHAT’S GOING ON. EVENTUALLY THEY’LL TELL YOU THAT THEY NOTICE HE JUST WASN’T THERE ANY MORE. HE WAS GONE.

THEY PLAYED POOL FOR A WHILE. EVENTUALLY THE BAND STARTS TO KICK UP, STARTS TO PLAY. THE TABLES ARE REMOVED FROM THE DANCE FLOOR; THEY’RE DONE PLAYING POOL, SO THE GROUP THEN GOES BACK INTO THE AREA WHERE THE BAR IS WITH THE DANCE FLOOR. AND WHILE IN THERE SOME OF THE LADIES START TO DANCE, SOME OF THE GUYS START TO DANCE. AND THEY SPEND THE REST OF THE EVENING IN THERE.

BRENDA VAN DAM WILL TELL YOU SHE DOESN’T REMEMBER DANCING WITH DAVID WESTERFIELD. SHE JUST DOESN’T REMEMBER DOING IT AND DOESN’T THINK SHE DID. BARBARA EASTON I BELIEVE WILL TELL YOU THAT SHE THOUGHT SHE DANCED WITH DAVID WESTERFIELD BUT IT WAS ONLY ABOUT A HALF A DANCE OR SO, AND HE DIDN’T REALLY SEEM INTO IT, AND HE JUST WASN’T VERY GOOD, AND HE JUST PULLED AWAY AFTER HALF THE DANCE WAS OVER. THE GIRLS DANCED TOGETHER. BRENDA AND HER FRIENDS DANCED WITH THE GUYS THAT THEY KNEW, AND THEY MAY HAVE EVEN DANCED WITH ANOTHER GUY OR TWO IN THE RESTAURANT THAT NIGHT.

THE BAR, I’M SORRY, THE RESTAURANT ACTUALLY IS WHAT IT IS, THE RESTAURANT IS OPEN UNTIL 2:00 O’CLOCK. EVERYTHING SHUTS DOWN AT 2:00 O’CLOCK. YOU’LL HEAR THAT THE DEFENDANT LEFT DAD’S AT ANY TIME BETWEEN 10:30 AND MAYBE MIDNIGHT, DEPENDING ON WHICH STORY YOU HEAR. YOU’LL HEAR FROM ONE OF HIS FRIENDS THAT THEY REMEMBER DAVID WESTERFIELD BEING GONE LATER IN THE EVENING, CLOSER TO THE 11:00 O’CLOCK TIME. THE FIRST PERSON TO LEAVE IS ONE OF MR. WESTERFIELD’S FRIENDS, JEFF. HE HEADS OFF AND GOES BACK TO FALLBROOK WHERE HE LIVES. THE NEXT PERSON TO LEAVE IS THE FRIEND GARY, THE FELLOW THAT WAS FRIENDS WITH DAVID WESTERFIELD. HE LEFT EARLY, AROUND MIDNIGHT OR SO, TO GO UP TO ANOTHER PLACE IN POWAY CALLED O’HARLEY’S. SOME OTHER RESTAURANT/BAR UP THE ROAD. THERE’S A LADY UP THERE WORKING THAT HE KNEW. AND HE CUSTOMARILY GOES BY TO SEE HOW SHE’S DOING. HE MADE CONTACT WITH HER, AND HE COMES BACK, BRINGS HER BACK TO DAD’S. HE SAYS WHEN HE RETURNS TO DAD’S MR. WESTERFIELD IS GONE. GONE FROM DAD’S AND IS NOT SEEN AGAIN AT DAD’S. HE KNOWS THAT BRENDA AND HER TWO FRIENDS, THE TWO FEMALE FRIENDS, AND THE TWO GUYS ARE STILL THERE. GARY HARVEY HANGS AROUND DAD’S FOR A WHILE WITH HIS FRIEND YVETTE WETLI I BELIEVE IS HOW YOU SAY THE LAST NAME. BUT EVENTUALLY THEY DECIDE TO LEAVE. SOME TIME BEFORE QUITTING.

TO LEAVE THEY GET BACK IN YVETTE’S CAR, DRIVE BACK UP TO WHERE SHE WAS WORKING AT O’HARLEY’S. THAT’S WHERE HE LEFT HIS CAR. SO HE HAD TO GO BACK UP THERE TO GET IT. HE HAD A LITTLE TOO MUCH TO DRINK THAT NIGHT, TOO. THEY GET IN THEIR SEPARATE CARS, AND THEY GET ON POMERADO ROAD, AND THEY HEAD ON NORTH. GARY HARVEY IS HEADING ON HOME TO FALLBROOK WHERE HE LIVES WITH JEFF. AND YVETTE IS HEADING ON HOME TO WHERE SHE LIVES IN ESCONDIDO, AND THEY ARE NOT SEEN AGAIN.

WHILE ALL THIS IS GOING ON, BACK AT THE VAN DAM HOME AT ABOUT 10:00 O’CLOCK, DAMON WAS WITH THE THREE KIDS. HE WAS PLAYING VIDEO GAMES WITH THE TWO BOYS, AND DANIELLE WAS WORKING ON HER WRITING, WRITING IN A JOURNAL AND PRACTICING HER WRITING AND DOING SOME OF HER HOMEWORK.

AT ABOUT 10:00 O’CLOCK FRIDAY NIGHT IT COMES TIME FOR THE VAN DAM CHILDREN TO GO TO BED. HE SCOOTS THEM UPSTAIRS. GO UP AND GET READY, BRUSH YOUR TEETH, GET IN YOUR JAMMIES, AND TIME TO GO TO BED AT 10:00 O’CLOCK. THE LITTLE KIDS TAKE CARE OF BUSINESS. HE GOES UPSTAIRS, AND HE TUCKS THEM IN. TUCKS THEM INTO EACH OF THEIR BEDS, EACH OF THEM HAVING A SEPARATE BEDROOM. HE CLOSES THE DOOR PARTIALLY, LEAVES IT OPEN A LITTLE BIT SO, YOU KNOW, THEY ARE NOT SCARED OF THE DARK TYPE THING.

HE GOES DOWNSTAIRS, GOES A LITTLE TIME WATCHING T.V., PERHAPS HAS ANOTHER BEER. HE HAD ONE OR TWO DURING DINNER. THIS WOULD BE HIS THIRD ONE. AND EVENTUALLY GOES OFF TO BED, INTO BED BY 11:00 O’CLOCK THAT NIGHT. HE CLOSES THE DOOR IN THE MASTER BEDROOM WHERE HE’S SLEEPING TO KEEP THE FAMILY DOG INSIDE SO IT’S NOT WANDERING AROUND AND PEEING ON THE CARPET AND CHEWING THINGS UP.

WE NOW RETURN TO DAD’S. THE PEOPLE ARE LEAVING. JEFF FEECE IS GONE, GARY HARVEY AND THE LADY HE WAS WITH ARE GONE. THE ONLY PEOPLE REMAINING AT THE BAR ARE BRENDA VAN DAM, HER TWO FEMALE FRIENDS, AND THE TWO GUY FRIENDS. YOU’LL HEAR FROM GARY HARVEY THAT WHEN HE CAME BACK WITH THE FEMALE FRIEND, THE DEFENDANT WAS ALREADY GONE. HE WAS ALREADY OUT OF THERE. HE THOUGHT THAT WAS AROUND MIDNIGHT.

SOME TIME WHILE BRENDA VAN DAM AND HER FRIEND WERE AT THE RESTAURANT THAT EVENING, THEY WENT OUTSIDE. SHE AND HER TWO GIRL FRIENDS WENT OUTSIDE AND SAT IN THE CAR, LISTENED TO MUSIC. THEY BRING OUT ANOTHER MARIJUANA CIGARETTE. THEY SMOKE THAT A LITTLE BIT. THEIR TWO FRIENDS SHOW UP. GARY AND KEITH. I’M SORRY. RICH AND KEITH. THERE ARE TOO MANY NAMES. TOO MANY NAMES HERE.

KEITH IS OVER ON THE PASSENGER SIDE OF THE DOOR WHERE BARBARA EASTON IS. RICH BRADY IS OVER ON THE DRIVER’S-SIDE DOOR, AND THE LADIES ARE SITTING IN THE CAR. KEITH, AS I MENTIONED, WAS INTERESTED IN BARBARA. THEY WERE MAKING OUT. THEY ARE KISSING THROUGH THE WINDOW. THE OTHER THREE ARE OVER ON THE OTHER SIDE OF THE CAR JUST CHATTING, KILLING TIME. EVENTUALLY ALL OF THEM GO BACK INTO THE BAR AND SPEND THE REST OF THE EVENING IN THERE.

AT QUITTING TIME THEY HIT THE LIGHTS OR DO WHATEVER THEY DO TO SAY IT’S TIME TO GATHER UP, TIME TO GET OUT. BRENDA VAN DAM AND HER FRIENDS THEN GET THEMSELVES TOGETHER AND HEAD OUT SHORTLY BEFORE QUITTING TIME. SOME TIME BETWEEN 1:30 OR 2:00.

AT THIS TIME BACK AT THE VAN DAM RESIDENCE, DAMON VAN DAM HAD ALREADY GONE TO BED AROUND 11:00 O’CLOCK. HE WAKES UP SOME TIME BETWEEN 1:30 AND 2:00. THE DOG AWAKENS HIM SOMEHOW. HE THINKS THE DOG HAS TO GO OUT AND GO PEE OR SOMETHING. HE TAKES CARE OF THE DOG, COMES BACK UP TO BED, LEAVES THE DOOR OPEN, TURNS ON THE T.V., AND BASICALLY STAYS THERE AWAKE ‘CAUSE HE KNOWS IT’S ABOUT TIME FOR BRENDA AND HER FRIENDS TO COME BACK. HE’LL BE AWAKE WHEN SHE COMES HOME. AND, SURE ENOUGH, THE PEOPLE FROM DAD’S LEAVE, THEY HEAD STRAIGHT HOME. BRENDA VAN DAM DRIVES HER TWO FRIENDS IN THEIR CAR. KEITH AND RICH, THE FRIENDS THAT THEY MET UP WITH AT DAD’S FOLLOW THEM BACK TO THE HOUSE.

THERE WAS INDICATION THERE WAS STILL SOME FOOD THERE, STILL SOME PIZZA LEFT OVER FROM EARLIER IN THE EVENING. AND KEITH IS PROBABLY STILL TRYING TO FIND OUT WHETHER OR NOT HE COULD GET ANYTHING GOING WITH BARBARA THAT NIGHT. SO ALL FIVE OF THEM COME BACK TO THE HOUSE, AND ONLY FIVE OF THEM COME BACK TO THE HOUSE.

WHEN THEY ARRIVE AT THE HOUSE, THEY ARRIVE IN TWO SEPARATE CARS. THE LADIES GO INTO THE HOUSE FIRST. A COUPLE OF THEM HAVE TO USE THE BATHROOM. THEY HUSTLE UPSTAIRS. THE GUYS COME IN, AND THEY STAY DOWNSTAIRS. AND THEY NOTICE BRENDA VAN DAM AND DENISE NOTICE A LIGHT ON IN THE ALARM SYSTEM RIGHT INSIDE THAT FRONT DOOR. THE FRONT DOOR TO THE HOUSE. THEY’VE GOT AN ALARM SYSTEM THAT ACTIVATES, GIVES YOU A SOFT LITTLE BEEP, BEEP, WHEN A DOOR OR A WINDOW IS OPEN. IT DOES NOT MAKE AN AUDIBLE SOUND THROUGHOUT. AFTER IT MAKES THAT BEEP, BEEP SOUND, THE LIGHT STAYS ON, A RED LIGHT. AND YOU GO THROUGH THE HOUSE AND FIND OUT WHICH DOOR OR WINDOW IS OPEN.

THEY SAW THE LIGHT ON WHICH INDICATED THAT A DOOR OR A WINDOW WAS OPEN OR AJAR. THEY LOOK FOR IT. THEY FIND THE SIDE GARAGE DOOR WAS OPEN, THE DOOR THAT DENISE KEMEL HAD GONE OUTSIDE TO MAKE THE PHONE CALL. IT WAS OPEN AT THIS TIME. THEY CLOSE IT. THE LIGHTS GOES OFF.

AND YOU’LL HEAR AT THIS POINT THE EXCITING PART OF THE CASE WHEN THE LADIES WENT UPSTAIRS TO USE THE RESTROOM, BARBARA EASTON WHO HAD TOO MUCH TO DRINK MADE A RIGHT TO THE BEDROOM INSTEAD OF A LEFT. SHE WENT AND JUMPED INTO BED WITH DAMON VAN DAM. SHE WAS ON TOP OF THE SHEETS, ON TOP OF THE COVERS. HE WAS AWAKE AT THAT TIME. THEY HUGGED; THEY KISSED; HE RUBBED HER BACK. THEY WERE THERE FOR A SHORT WHILE.

OTHER PEOPLE WERE DOWNSTAIRS. THEY WERE STARTING TO FIND THE PIZZA, PUT IT IN THE MICROWAVE, GET IT WARMED UP. LET’S HAVE OUR PIZZA, THEN EVERYBODY WILL GET OUT OF HERE. YOU WILL HEAR THAT BASICALLY THAT IS WHAT HAPPENED. THE LEFT-OVER PIZZA WAS PUT IN THE MICROWAVE. IT WAS WARMED UP, HOWEVER MUCH THEY HAD. THE TWO GUYS THAT WERE DOWNSTAIRS, RICH AND KEITH, BRENDA VAN DAM, DAMON CAME DOWN, BARBARA CAME DOWN, AND THEY ALL ATE THE PIZZA. THEY DID NOT OFFER THEM DRINKS. THEY DID NOT GIVE THEM ALCOHOL. THEY WERE THERE FOR TWENTY, TWENTY-FIVE MINUTES, FROM 2:00 TO 2:30 OR SO. THEN IT WAS TIME TO GET THEM OUT OF HERE.

THE TWO LADIES LEFT FIRST. BARBARA AND DENISE. THEY GOT IN THEIR CAR AND HEADED BACK TO TIERRASANTA. AND RIGHT AFTER THAT THE TWO GUYS LEAVE, RICH AND KEITH. THEY HEAD OFF. THEY GO HOME. AND IMMEDIATELY DAMON AND BRENDA VAN DAM GO UPSTAIRS. THEY GO TO BED.

YOU’LL HEAR THAT WHEN THEY — WHEN BRENDA CAME HOME THAT NIGHT, SHE HAD MADE A RUN THROUGH THE KIDS’ BEDROOMS, AND SHE CLOSED EACH OF THE DOORS SO THAT THE LIGHT AND WHATEVER NOISE THERE WAS GOING TO BE WOULD NOT BOTHER THE KIDS, WOULD NOT WAKE THEM UP. SHE DIDN’T LOOK INSIDE. SHE JUST CLOSED THE DOORS. YOU’LL BE ABLE TO TELL WHICH DOOR BELONGS TO WHICH KID BECAUSE THEY HAVE LITTLE MARKERS OR LITTLE STICKIES ON EACH OF THE DOORS, LITTLE GIRL THINGS OR LITTLE GUY THINGS, SO YOU KNOW WHICH DOOR WAS WHICH. SO WHEN SHE WENT TO BED, EACH OF THE CHILDREN HAD THEIR DOORS CLOSED. THEY GO INTO THE MASTER BEDROOM, AND THEY FALL ASLEEP WITH THE DOOR CLOSED.

THE NEXT THING YOU’LL HEAR ABOUT IS FROM DAMON VAN DAM SAYING HE WOKE UP BETWEEN 3:00 AND 3:30 IN THE MORNING AND THAT THE DOG AGAIN AWAKENED HIM. HE THOUGHT THE DOG HAD TO GO OUTSIDE. AND HE WILL TELL YOU THAT HE NOTICED THAT THE ALARM LIGHT IN HIS ROOM WAS NOW ACTIVATED. HE’LL TELL YOU HE DIDN’T HEAR IT; HE DOESN’T THINK HE HEARD IT GO OFF, BUT HE’LL NOTICE THAT HE SAW THE LIGHT ON WHICH TELLS HIM THAT THERE’S A DOOR OR A WINDOW OPEN. HE WENT LOOKING DOWNSTAIRS AND TO THE REAR OF THE HOUSE WHICH IS WHERE THE KITCHEN AND FAMILY ROOM IS, LEADS OUT INTO THE BACKYARD, IS WHERE THE PEOPLE WERE SITTING EATING THEIR PIZZA IN THE KITCHEN, FAMILY ROOM AREA. HE’LL NOTICE THAT THE SLIDING GLASS DOOR WAS OPEN A SHORT AMOUNT OF DISTANCE. HE CLOSED IT. THE ALARM WENT OFF. HE CHECKED THE GARAGE, SEE IF ANYTHING LOOKED UNUSUAL, AND HE WENT BACK TO BED. HE DIDN’T CHECK ON THE KIDS. HE WENT TO BED.

NEXT THING IN THIS STORY IS THAT WE GET TO THE EARLY MORNING HOURS OF SATURDAY, FEBRUARY 2ND, WHEN EVERYONE WAKES UP. DAMON AND THE BOYS WAKE UP FIRST. THEY GO DOWNSTAIRS AND START FIXING SOME BREAKFAST. POP TARTS OR WHATEVER GUYS MAKE ON A SATURDAY MORNING. THE LADIES ARE SLEEPING IN. BRENDA IS SLEEPING IN A LITTLE BIT. DANIELLE IS SLEEPING IN. SHE’S A LATE SLEEPER. THEY DON’T GET HER UP ANY EARLIER THAN NECESSARY. IF SHE WANTS TO SLEEP, THEY LET HER SLEEP. BRENDA HAD TO GET UP THAT MORNING, THOUGH, BECAUSE SHE WAS BABYSITTING SOME NEIGHBORS ACROSS THE STREET. A LADY ACROSS THE STREET WAS BRINGING HER KIDS OVER TO THE VAN DAM HOME BY 9:00 O’CLOCK I BELIEVE IT WAS, AND BRENDA WAS GOING TO WATCH THESE TWO KIDS WHILE THE NEIGHBOR LADY WENT OFF AND DID WHATEVER IT WAS SHE WAS GOING TO DO.

SO BRENDA WAS UP BY 9:00 O’CLOCK. STILL DANIELLE HAD NOT APPEARED. THEY FIGURED SHE WAS STILL SLEEPING. THE NEIGHBOR LADY, JULIE HENNES, SHOWS UP, DROPS HER KIDS OFF. SHE LEAVES. BRENDA VAN DAM TELLS HER KIDS, AH, YOU KNOW, IT’S TIME TO GET DANIELLE UP. GO UPSTAIRS AND WAKE HER UP. THE KIDS GOT DISTRACTED. THEY STARTED PLAYING WITH THE BOYS DOWNSTAIRS, AND IT NEVER HAPPENED. BRENDA VAN DAM WENT TO LOOK FOR HER SEVEN-YEAR-OLD DAUGHTER. SHE WENT UPSTAIRS, EXPECTING HER TO FIND HER IN HER BED ASLEEP. SHE’LL TELL YOU THAT WHEN SHE GOT UP THERE THE DOOR WAS OPEN, HER BEDROOM DOOR WAS OPEN. WENT INSIDE AND SAW AN EMPTY BED. AND SHE’LL TELL YOU THE PANIC THAT SET IN. THAT CONSUMED HER THAT MORNING. SHE ALERTED DAMON THAT DANIELLE WASN’T THERE. WHERE IS SHE. WHERE IS SHE. HAVE YOU SEEN HER. IS SHE UNDER THE BED. IS SHE IN THE BATHROOM. DID SHE GO OUTSIDE. WHERE IS DANIELLE. THEY COULDN’T FIND HER. THEY NEVER SAW HER AGAIN ALIVE.

SHE WILL TELL YOU WHAT THEY DID. SHE WILL TELL YOU ABOUT THE SEARCHES THAT THEY WERE PARTICIPATING IN. THE EFFORTS THAT THEY MADE TO TRY TO FIND THEIR LITTLE SEVEN-YEAR-OLD DAUGHTER. THEY WILL TELL YOU THAT IT WAS ALL TO NO AVAIL. BRENDA VAN DAM CALLED NINE-ONE-ONE THAT MORNING TO REPORT YOUNG DANIELLE MISSING. WE HAVE THE TAPE. WE WILL PLAY THE TAPE. YOU WILL BE ABLE TO HEAR WHAT SHE TOLD THE POLICE.

AS THEY STARTED TO LOOK FOR HER, DAMON WAS GOING ALL OVER THE NEIGHBORHOOD LOOKING FOR HIS LITTLE GIRL. HE CHECKED THE SIDE AREA TO THE HOUSE, AND HE NOTICED THAT THE SIDE GATE WAS OPEN. THE GATE, IT’S KIND OF HARD TO OPEN A WOODEN GATE ON THE SIDE OF THE HOUSE THAT LETS YOU IN THE BACKYARD. IT’S KIND OF WEDGED IN THERE BECAUSE OF THE WOOD. IT WAS OPEN WHEN HE WENT OUT THERE. THAT THE SIDE GATE IS RIGHT NEXT TO THE SIDE DOOR TO THE GARAGE THAT HAD BEEN OPEN WHEN THEY FIRST CAME HOME FROM DAD’S THE NIGHT BEFORE.

WE WILL NOW SKIP AHEAD TO FEBRUARY 27TH, DEHESA ROAD, WHERE YOUNG DANIELLE WAS FOUND. ABOUT THREE, THREE AND A HALF WEEKS AFTER HER DISAPPEARANCE, THERE WERE SOME VOLUNTEERS LOOKING DOWN THERE ON DEHESA ROAD. DEHESA IS KIND OF ON THE BACK SIDE OF EL CAJON, A LITTLE FURTHER EAST IN EL CAJON, BETWEEN SINGING HILLS GOLF COURSE AND SYCUAN CASINO. THEY KIND OF ARE THE OPPOSITE ENDS OF THE ROAD.

THERE WERE PEOPLE LOOKING, FIVE VOLUNTEERS, WHO DONATED THEIR TIME AND THEIR ENERGY TO PARTICIPATE IN THIS SEARCH FOR YOUNG DANIELLE. AND YOU WILL HEAR FROM SOME OF THEM HOPEFULLY THIS AFTERNOON. YOU WILL HEAR THAT THEY WERE GIVEN THEIR INSTRUCTIONS, THEY WERE GIVEN THEIR ASSIGNMENT AS TO WHERE TO GO. FOR SOME REASON THEY WERE GIVEN DEHESA ROAD. THAT’S YOUR ASSIGNMENT. GO DOWN THERE AND WALK THE ROADWAY AND CHECK A LITTLE BIT OFF OF EACH SIDE TO SEE IF YOU CAN FIND ANYTHING. THEY WERE THERE FOR MOST OF THE MIDDLE PART OF THE DAY. AND YOU’LL HEAR THAT THEY WERE BASICALLY DONE. THEY HAD COMPLETED THE SEARCH. THEY HAD FOUND NOTHING. THEY WERE HEADING BACK TO THE GATHERING POINT, THE CARS, AND THEY WERE GOING TO PACK IT IN. THEY WERE GOING TO GO, LEAVE.

ONE INDIVIDUAL, RATHER THAN GOING STRAIGHT BACK TO THE CAR, TOOK A LITTLE ROUTE UNDERNEATH A TREE. THAT WAS GOING TO LEAD HIM DOWN TO THE ROAD. AS HE ENTERED THE COVERAGE OF THAT BIG TREE, HE SAW SOMETHING. HE SAW A LITTLE GIRL ON THE GROUND DEAD, NAKED, BLACK, ALMOST LIKE SHE HAD BEEN BURNED. HE FOUND PROBABLY WHAT HE DIDN’T WANT TO FIND. HE FOUND DAMON AND BRENDA’S LITTLE GIRL. SHE WAS TOTALLY NUDE, NOT A STITCH OF CLOTHING ON HER. HE SAW THE LITTLE CHOKER, LITTLE NECKLACE THAT SHE WORE. HE WAS ABLE TO SEE A SMALL EARRING IN HER EAR. AND THE RECOVERY PEOPLE, THE VOLUNTEERS THAT SAW HER, WILL TELL YOU THEY DIDN’T GET VERY CLOSE AND THEY DIDN’T LOOK VERY LONG. THEY REPORTED IT RIGHT AWAY, AND THE AUTHORITIES SHOWED UP. EVENTUALLY HOMICIDE TEAM THAT WAS ASSIGNED TO THE CASE, SERGEANT BILL HOLMES AND HIS HOMICIDE TEAM, RESPONDED TO THE SCENE AND TOOK OVER.

AS I INDICATED, THIS DUMP SITE WAS ON DEHESA ROAD BETWEEN SINGING HILLS AND SYCUAN CASINO. WE WILL PRESENT TO YOU DOCUMENTARY EVIDENCE THAT THE DEFENDANT IS FAMILIAR WITH THIS AREA, THAT IN FACT HE HAS A MEMBERSHIP CARD AT SYCUAN CASINO. HE GOT IT BACK IN OCTOBER I BELIEVE IT WAS 2001. SO YOU WILL KNOW THAT HE IS FAMILIAR WITH THE AREA.

AFTER THE BODY AT THIS POINT WAS REMOVED FROM THE SCENE, SHE WAS TAKEN TO THE MEDICAL EXAMINER’S OFFICE, WHERE THEY HAD TO DO AN AUTOPSY. THEY HAD TO CONFIRM THE IDENTITY OF THIS YOUNG GIRL. DR. SKIP SPERBER, A DENTIST, A FORENSIC DENTIST, AND YOU WILL HEAR HIS QUALIFICATIONS AND WHAT HE DOES, HE WAS ASKED TO CONFIRM AN IDENTIFICATION OF HER. CAN YOU IDENTIFY WHO THIS LITTLE CHILD IS. THE VAN DAM FAMILY HAD PROVIDED DENTAL RECORDS OF DANIELLE WHEN SHE WAS MISSING. SO THOSE DENTAL RECORDS WERE AVAILABLE. HE WAS ABLE TO TAKE X RAYS OF HER TEETH, COMPARE THOSE X RAYS WITH THE DENTAL RECORDS AND WAS ABLE TO MAKE A POSITIVE IDENTIFICATION.

HE WILL ALSO TELL YOU ABOUT SOME OF THE TEETH MISSING. ORIGINALLY, AND MAYBE EVEN STILL, HE THOUGHT THAT THAT WAS FROM DECOMPOSITION. THE BODY OUT THERE FOR AS LONG AS IT WAS, IT STARTS TO DECOMPOSE. AND THE TISSUE DOESN’T HOLD AS WELL AS IT ORDINARILY WOULD WHEN SOMEONE IS ALIVE. AND THAT SOME OF THE TEETH WERE MISSING. I THINK HE’LL TALK ABOUT THREE OR FOUR TEETH WERE MISSING. AND HIS STATEMENT I BELIEVE WOULD BE THAT HE THOUGHT THEY FELL OUT FROM DECOMPOSITION. HE’LL TELL YOU, THOUGH, THAT HE ONLY FOUND ONE OF THOSE TEETH. ONE OF THEM WAS STUCK IN THE CHEEK, OBVIOUSLY IT HAD FALLEN OUT AND CAME TO REST IN THE CHEEK. AND YOU’LL HEAR ABOUT THE EFFORTS TO TRY TO FIND THOSE OTHER TEETH. IF, IN FACT, THIS WAS DECOMPOSITION, WHERE WERE THEY.

AN AUTOPSY WAS PERFORMED BY DR. BRIAN BLACKBOURNE OF THE MEDICAL EXAMINER’S OFFICE, THE PERSON ASSIGNED TO WORK WITH THIS, ACTUALLY THIS IS NOT A BODY ANY MORE, THIS IS NOW KNOWN AS DANIELLE VAN DAM. HE’LL TALK ABOUT THE DECOMPOSITION OF HER. THAT’S WHY SHE WAS BLACK, BECAUSE OF THE DECOMPOSITION. SHE WAS OUT THERE SO LONG THE SKIN COLOR HAD TURNED. THEY’LL TALK TO YOU ABOUT THE MISSING PARTS THAT FRUSTRATED HIS EFFORTS TO DETERMINE A CAUSE OF DEATH. AND YOU WILL HAVE TO LOOK AT THOSE PHOTOGRAPHS TO SEE WHAT HE’S TALKING ABOUT, TO UNDERSTAND WHAT HE’S TALKING ABOUT. AND, IN FACT, THERE WERE PIECES THAT WERE MISSING BECAUSE OF ANIMAL ACTIVITY IN THIS RURAL AREA WHERE SHE WAS FOUND. THERE WAS INSECT ACTIVITY ON HERE THAT MADE IT DIFFICULT FOR HIM TO DO HIS WORK. THE DECOMPOSITION HE’LL TELL YOU CAUSED THE SKIN COLOR TO CHANGE SO HE COULDN’T SEE THE TYPICAL COLORS AND DISCOLORATIONS ON SKIN. SHE WAS MISSING A FOOT. SHE WAS MISSING MUSCLES ON HER THIGHS. TISSUE IN THE STOMACH REGION WAS GONE. VAGINAL REGION WAS GONE. PART OF HER ARM WAS GONE. HE HAD VERY LITTLE TO WORK WITH. THE EYES WERE GONE. THERE WERE INSECTS IN THERE. AND THAT WILL BE IMPORTANT IN A MOMENT HERE.

AS HE ALWAYS TRIES TO DETERMINE A CAUSE OF DEATH AND WHAT HE CAN TELL YOU IS THAT HE WAS ABLE TO ELIMINATE TYPES OF CAUSES OF DEATH IN THIS CASE. HE COULD ELIMINATE THAT SHE WAS A GUNSHOT VICTIM. AT LEAST WHAT HE SAW, THERE WAS NO GUNSHOT. HE COULD ELIMINATE THAT SHE WAS A KNIFE VICTIM OR A BLUNT TRAUMA VICTIM ON HER HEAD. HE EXAMINED THE HEAD AND THE SKULL. HE IS FAIRLY CERTAIN THAT HE COULD ELIMINATE THAT SHE WAS A STRANGULATION VICTIM BECAUSE THERE WAS NO DAMAGE TO THE NECK MUSCLES AND THE OTHER ORGANS THAT ARE INSIDE THE NECK. POISON WAS ELIMINATED. DISEASE WAS ELIMINATED.

WHAT HE CAN’T ELIMINATE IS SUFFOCATION, SOMEBODY PUTTING THEIR HAND OR PILLOW OVER SOMEONE’S NOSE AND MOUTH. AND IF YOU DO IT HARD ENOUGH, YOU CAUSE SOME DAMAGE TO FACE THAT MIGHT LOOSEN THE TEETH. WHEN YOU HEAR DR. SPERBER EXPLAIN HOW SHE HAD A LONG CROWN IS WHAT THEY CALL IT, THE WHITE PART HE WILL CALL THE CROWN, WHAT SUPPORTS INSIDE IS A ROOT. SHE HAD A VERY SHORT ROOT, LONG CROWN, WHICH GAVE HER VERY LITTLE LEVERAGE, VERY LITTLE STRENGTH ON HER TEETH. BUT HE WILL NOT BE ABLE TO ELIMINATE STRANGULATION OF THIS CHILD.

HE ALSO EXAMINED HER FOR SIGNS OF SEXUAL ASSAULT. AND AGAIN HIS EFFORTS WERE FRUSTRATED. THERE WASN’T MUCH TO CHECK. HE MADE HIS EFFORTS, AND HE WAS ABLE TO DETERMINE THAT THERE WAS NO POSITIVE SIGNS OF SEXUAL ASSAULT ON HER. BUT HE DIDN’T HAVE A WHOLE LOT TO LOOK AT.

HE ALSO DID ONE OTHER THING. HE REMOVED HER HANDS. HE CUT HER HANDS OFF AND GAVE THEM TO THE LAB. IN THE POLICE DEPARTMENT. SHE WAS MUMMIFIED. SHE WAS DRIED AND SHRUNKEN. THE FINGERS WERE BASICALLY USELESS AT THAT POINT. BUT HE SAVED THE HANDS SO THEY COULD REHYDRATE THEM, FILL THEM UP AGAIN, SO THEY COULD USE THE FINGERPRINTS IF THE NEED EVER AROSE.

LET ME RETURN NOW BACK TO SABRE SPRINGS WITH THE NINE-ELEVEN CALL. AFTER THE CALL GOES OUT, THE SEARCHES BEGIN. THEY SEARCH THE NEIGHBORHOODS, THE HOUSES, THE CANYONS, THE RAVINES. NOTHING’S FOUND.

THE POLICE DEPARTMENT WILL TELL YOU THAT THE DEFENDANT WAS NOT AT HIS HOUSE THAT SATURDAY OR AT LEAST HE DID NOT NOTIFY HIM HE WAS AT THE HOUSE THAT SATURDAY. HE WAS NOT THERE THAT SUNDAY WHEN THEY WERE CHECKING ALL THE HOUSES. EVENTUALLY MADE CONTACT WITH HIM THAT MONDAY MORNING AT ABOUT 9:00, 10:00 O’CLOCK IN THE MORNING. THE OFFICERS WERE ASSIGNED TO, YOU KNOW, WE GOT TO FIND EVERYBODY IN THIS NEIGHBORHOOD. WE GOT TO TALK TO THEM. HE HASN’T BEEN THERE. HE’S GOT TO BE TALKED TO. SOME OFFICERS LOCATED HIM AT THE HOUSE EARLY MONDAY MORNING, AND TWO DETECTIVES FROM ROBBERY GO OVER AND TALK TO THEM. JOHNNY KEENE AND MO PARGA. ROBBERY WAS ASSIGNED AT THAT POINT BECAUSE IT’S A MISSING PERSONS CASE, AND ROBBERY HANDLES MISSING PERSONS AND KIDNAPPINGS INITIALLY. EVENTUALLY IT’S THEN TURNED OVER TO HOMICIDE IF NECESSARY.

JOHNNY KEENE WILL TELL YOU THAT HE SPOKE WITH THE DEFENDANT IN THE DRIVEWAY AREA, IN THE FRONT PORCH AREA OF MR. WESTERFIELD’S HOUSE. IT WAS CORDIAL; IT WAS POLITE; IT WAS NICE. MR. WESTERFIELD WAS ABLE TO EXPLAIN TO JOHNNY KEENE WHERE HE HAD BEEN THAT WEEKEND, STARTING WITH FEBRUARY — OR STARTING WITH FRIDAY, THE NIGHT BEFORE. IN FACT, HE EVEN GOES BACK AND TALKS ABOUT BEING AT DAD’S THE WEEK BEFORE WHEN BRENDA FIRST WENT TO DAD’S AND INDICATED THAT HE SAW HER THERE. AND IT WAS NO BIG DEAL. NOTHING OUT OF THE ORDINARY. HE ALSO TOLD JOHNNY KEENE ABOUT THE GIRL SCOUT COOKIE SALES, HOW BRENDA CAME OVER, TRYING TO SELL THE GIRL SCOUT COOKIES, AND THE KIDS RAN OUTSIDE TO THE POOL. AND I THINK THEY WENT UPSTAIRS. I THINK THE KIDS RAN UPSTAIRS IS WHAT HE TOLD JOHNNY KEENE.

HE INDICATED TO DETECTIVE KEENE THAT BRENDA VAN DAM INDICATED SHE PROBABLY WOULD HAVE A BABYSITTER AT THE HOUSE THAT WEEKEND WHEN SHE MIGHT GO TO DAD’S AND THAT HE WOULD PROBABLY BE AT DAD’S AND WAS INTERESTED IN BARBARA.

HE WILL TELL YOU THAT THAT FRIDAY NIGHT HE HAD GONE TO DAD’S MET UP WITH HIS FRIENDS GARY AND JEFF AND HUNG OUT THERE ‘TIL 11:00, 11:30 HE SAYS, UNTIL HE FINALLY CAME HOME. AND HE’LL TELL YOU THAT HE BOUGHT THEM A ROUND OF DRINKS, AND HE’LL TELL YOU THAT THERE WAS NO BIG DEAL, LOOKED LIKE THE GIRLS WERE HAVING FUN AT THE BAR. NOTHING UNUSUAL. NOTHING OUT OF THE ORDINARY FROM THE DEFENDANT, WHAT HE WAS TELLING JOHNNY KEENE. BUT HE DID TELL DETECTIVE KEENE THAT HE THOUGHT BRENDA HAD A BABYSITTER AT HER HOUSE THAT NIGHT.

HE’LL SAY THAT HE CAME HOME, WENT TO BED, AFTER BEING AT DAD’S FRIDAY NIGHT AND GOT UP SATURDAY MORNING AND DECIDED TO TAKE A TRIP TO GO TO GLAMIS, A PLACE OUT IN THE DESERT. THE DEFENDANT HAS A THIRTY-FIVE-FOOT MOTOR HOME. THE DEFENDANT HAS AN S.U.V. THAT HE USES FOR DRIVING AROUND TOWN. AND HE’S GOT A LITTLE TRAILER WHERE HE KEEPS WHAT APPARENTLY ARE CALLED SAND TOYS. THE THINGS THAT YOU DRIVE AROUND OUT IN THE DESERT, YOUR FOUR-WHEELERS AND DUNE BUGGIES AND THAT KIND OF THING. THEY CALL THEM SAND TOYS. AND THAT’S PROBABLY HOW WE WILL BE USING THE TERM HERE.

SATURDAY MORNING HE SAID HE WOKE UP AND DECIDED TO GO TO THE DESERT, AND THAT HE WAS GOING TO GO BY HIS FRIEND — BY HIMSELF, AND HE WAS GOING TO MEET SOME FRIENDS OUT IN THE DESERT. HOPED TO MEET SOME FRIENDS. ALTHOUGH HE DID NOT INDICATE THAT HE HAD MADE ANY PRIOR CONTACT WITH THESE FRIENDS OR HE CALLED THEM OR TOLD THEM THAT HE WOULD BE SHOWING UP.

WE HAVE A MAP HERE ON SATURDAY OF THE POWAY AREA, AND WE WILL BE USING THIS MAP HERE IN COURT. THE DEFENDANT LIVES DOWN HERE BY THE RED STAR. HIS HOUSE THERE IN SABRE SPRINGS.

FROM THERE HE SAID HE DROVE UP TO THE HIGH VALLEY AREA IN EAST POWAY. THAT’S UP THERE WHERE THAT BLUE STAR IS. IT’S ABOUT NINE, TEN MILES AWAY. AND YOU GOT TO GO TO THE SIDE STREETS TO GO UP THERE. THAT’S WHERE HE STORES HIS MOTOR HOME. IT’S AN OFF-SITE PLACE. HE HAS A FRIEND THAT LETS HIM STORE THE PLACE, STORE THE MOTOR HOME ON A DRIVEWAY OUT IN THE OPEN. THE FRIEND’S HOUSE IS DOWN HERE ON THE RIGHT. AND HE’S ABLE TO STORE IN THE PARKING AREA AND KEEP HIS TRAILER WITH THE SAND TOYS BACK IN THE — OFF THE DRIVEWAY AREA.

HE SAYS HE DROVE UP THERE, LEFT HIS S.U.V. AT THE SITE, AND THEN TAKES HIS MOTOR HOME BACK DOWN TO HIS HOUSE. YOU’LL HEAR FROM THE PEOPLE THAT LIVE THERE THAT HE SHOWED UP AT 8:00 O’CLOCK IN THE MORNING, 8:00 O’CLOCK SATURDAY MORNING. AND YOU’LL ALSO HEAR THAT HIS ROUTINE IS THAT WHEN HE TAKES THE MOTOR HOME FROM THIS AREA, HE BRINGS SOMEONE, TYPICALLY HIS SON, SO HE CAN TAKE BOTH VEHICLES BACK TO HIS HOUSE. HE DOES NOT LEAVE THE S.U.V. AT THE SITE. HE DID THIS TIME.

FROM THE STORAGE AREA HE DRIVES THE MOTOR HOME BACK TO HIS HOME. HE SAYS HE DRIVES BACK TO THE HOME BECAUSE HE NEEDS TO SUPPLY IT AND TO GET SOME WATER IN THE — I GUESS YOU HAVE TO FILL UP THE WATER TANKS SO YOU HAVE SOME WATER WHEN YOU’RE OUT TRAVELING AROUND. HE SAID HE CAME BACK TO THE HOUSE AND DID THAT.

AND YOU’LL HEAR THAT FROM HIS ESTIMATION HE WAS THERE MAYBE AN HOUR GOING THROUGH THIS PROCESS. YOU’LL ALSO HEAR THAT HIS RITUAL, HIS ROUTINE, IS THAT IT IS A DAY-OR-TWO PROCESS WHEN HE TYPICALLY DOES IT. IF HE’S GOING TO GO USE THE MOTOR HOME AND GO SOMEWHERE, HE PARKS IT THERE, AND HE GOES THROUGH A PROCESS THAT, YOU KNOW, TAKES A DAY OR TWO. HE’S VERY NEAT AND VERY ORGANIZED AND VERY METHODICAL.

HE TOLD THE OFFICER THAT HE WAS FILLING IT UP, AND YOU’LL HEAR THAT AFTER HE FILLED UP THE MOTOR HOME, HE TAKES OFF. HE DIDN’T EVEN WIND UP THE HOSE THAT DAY. IT’S STRETCHED OUT OVER THE YARD AT HIS HOUSE. LEFT THAT UNDONE AT THE HOUSE, TAKES OFF.

HIS INITIAL PLANS WERE TO GO TO GLAMIS OUT IN THE DESERT, OUT IN IMPERIAL COUNTY, PAST BRAWLEY, PAST EL CENTRO, AND ALMOST TO THE RIVER.

AS HE’S LEAVING, HE DECIDES HE DOESN’T HAVE HIS WALLET, DOESN’T HAVE ANY MONEY, SO INSTEAD HE GOES FROM HIS HOUSE UP THERE IN POWAY, DRIVES DOWN TO THE SILVER STRAND, DOWN THERE AT THE BOTTOM, DOWN BY — SOUTH OF CORONADO AND SILVER STRAND, ALMOST TO IMPERIAL BEACH. SILVER STRAND STATE BEACH. HE SAYS HE PULLS IN THERE, WANTS TO GO THERE BECAUSE OF THE SUN, LIKES TO BE AN OUTDOOR, SIT-IN-THE-SUN-TYPE GUY. HE PULLS IN AND HE’S AWARE THAT HE DOESN’T HAVE HIS WALLET. HE PAYS CASH FOR THE SITE. TYPICALLY IT’S A TWELVE-DOLLAR-A-NIGHT FEE TO PARK THERE. SO IT WOULD BE TWENTY-FOUR DOLLARS TO PARK THERE. HE PAYS WHOEVER IT IS HE’S SUPPOSED TO PAY. NEXT THING HE TELLS DETECTIVE KEENE IS ONE OF THE RANGERS IS COMING OVER TO HIM AND SAY, HEY, YOU OVERPAID, YOU PAID UP TOO MUCH. I OPENED UP YOUR ENVELOPE, YOUR NAME AND ALL, AND THERE’S FIFTY-FOUR DOLLARS IN THERE. YOU GAVE US THIRTY DOLLARS TOO MUCH. HERE’S YOUR MONEY BACK. AND THEY GO BACK AND FORTH. NO-I-DIDN’T-YES-YOU-DID-NO- I-DIDN’T-YES-YOU-DID-TYPE THING. EVENTUALLY THE RANGER IS ABLE TO GIVE HIM THE MONEY BACK. HE PAID WITH A FIFTY AND FOUR ONES. THEY GAVE HIM THE CHANGE BACK.

AND MR. WESTERFIELD WILL TELL YOU THAT HE TOLD DETECTIVE THAT AFTER THAT HE DECIDES TO PACK UP AND LEAVE THE SILVER STRAND. THE WEATHER’S CRUMMY. IT’S NO GOOD DOWN THERE. I’M GOING TO NOW GO TO THE DESERT WITH MY FRIEND. I’M GOING TO MEET UP WITH THEM OUT THERE AFTER I PAID FOR TWO NIGHTS HERE.

HE CANNOT GO IMMEDIATELY TO THE DESERT BECAUSE HE WANTS TO GO BACK HOME TO GET HIS WALLET. THE POLICE DEPARTMENT HAS LOCATED PEOPLE AT THE SILVER STRAND WHO HAD HAD CONTACT WITH MR. WESTERFIELD. THEY WILL COME IN HERE. PEOPLE WHO WERE CAMPING THERE THAT DAY IN CLOSE PROXIMITY TO HIS MOTOR HOME WILL TELL YOU THERE WAS A LITTLE STRANGE, IT WAS A NICE DAY, IT WAS A SUNNY DAY, PEOPLE WERE OUTSIDE ENJOYING THE OUTDOORS, WE HAVE WEATHER REPORTS FOR YOU, THAT IT WAS STRANGE BECAUSE HIS MOTOR HOME WAS CLOSED UP. WINDOWS WERE CLOSED, THE FRONT WINDSHIELD WAS CLOSED. NONE OF THE SETUP THINGS HAD BEEN DONE. NO ONE HAD SEEN ANYBODY IN OR AROUND THE MOTOR HOME. EVEN THE STEP THAT YOU WALK UP HADN’T BEEN REMOVED. NO AWNING. NO CARPETING. NO CHAIRS. NOTHING. THEY WEREN’T EVEN SURE ANYONE HAD BEEN THERE. THE RANGER WHO KNOCKED ON THE DOOR TO COME BACK AND GIVE THE MONEY TOLD HIM HE KNOCKED ON THE DOOR AND DIDN’T EXPECT ANYBODY TO SHOW UP BECAUSE IT LOOKED LIKE IT WAS DARK, UNOCCUPIED. BUT EVENTUALLY SOMEONE DID COME TO THE DOOR. THE DEFENDANT COMES TO THE DOOR, STEPS OUTSIDE, AND CLOSES THE DOOR BEHIND HIM AND HAS THE EXCHANGE WITH THE RANGER. THEY GO ABOUT THEIR GIVING THE MONEY BACK AND FORTH. AND THE RANGER SAYS HE STOOD THERE WHEN IT WAS OVER WAITING FOR ME TO LEAVE. HE THEN GETS BACK TO THE MOTOR HOME.

AND HIS REASONS GIVEN TO DETECTIVE KRAMER FOR LEAVING THE SILVER STRAND BECAUSE HE DIDN’T HAVE HIS WALLET AND NEEDED MONEY AND THINGS TO TAKE CARE OF THE WEEKEND, THE RANGERS WILL TELL YOU WHEN THEY WERE SQUABBLING OVER HOW MUCH DID YOU PAY, MR. WESTERFIELD REACHED INTO HIS POCKET AND PULLED OUT HIS WALLET AND SHOWED THEM HOW MUCH MONEY HE HAD.

THE RANGERS WILL TELL YOU THAT RIGHT AFTER THIS EXCHANGE THEY FINISHED SPEAKING WITH HIM, THE DEFENDANT WAS GONE. HE WAS OUT OF THERE.

YOU’LL ALSO LEARN THAT SOME OF THE PEOPLE WHO WERE TAKING PART IN THE FESTIVITIES DOWN THERE AT SILVER STRAND THAT DAY, IT WAS AN OUTING FOR THE CHULA VISTA POLICE DEPARTMENT. THIS PLACE WAS COVERED WITH CHULA VISTA POLICE OFFICERS OFF DUTY ENJOYING THE DAY. AND YOU’LL HEAR THAT HE WAS AT THE SILVER STRAND FOR LESS THAN SIX HOURS.

HE TELLS DETECTIVE KEENE THAT HE GOES FROM THE SILVER STRAND BACK UP TO HIS HOUSE IN POWAY OR SABRE SPRINGS AREA. HE WANTED TO GO THERE TO LOOK FOR HIS WALLET. HE PULLS IN AND HE NOTICES THAT, YOU KNOW, A BIG HUBBUB’S GOING ON. EVERYONE’S LOOKING FOR DANIELLE. WHAT’S GOING ON. HE SPEAKS WITH A NEIGHBOR. HE DECIDES, OH, I BETTER GO CHECK MY POOL AND CHECK MY HOUSE, MAKE SURE SHE’S NOT THERE. HE SAYS HE GOES, DOES THAT. GOES OVER AND CHECKS AND COMES BACK AND SPEAKS WITH THE NEIGHBOR AND THEN LEAVES. DOESN’T SPEAK WITH THE POLICE DEPARTMENT. DOESN’T SPEAK WITH ANY POLICE OFFICIALS.

FROM THERE HE SAYS HE WENT BACK UP TO SKY RIDGE WHERE HE HAD STORED HIS MOTOR HOME. HE THOUGHT, WELL, MAYBE IT’S IN MY S.U.V. THAT I LEFT UP THERE. SO I’VE GOT TO DRIVE THIS THIRTY-FIVE-FOOT MOTOR HOME UP THIS WINDING ROAD TO SKY RIDGE TO TRY TO FIND MY WALLET. APPARENTLY HE DID BECAUSE FROM THERE HE GOES TO A GAS STATION, A CHEVRON STATION, OVER THERE BY 15 AND CARMEL MOUNTAIN ROAD I THINK IT IS, WHERE HE FILLS UP WITH GAS. AND FROM THERE HE HEADS OUT TO GLAMIS. WE KNOW HE GOT GAS AT A GAS STATION AT 5:25. WE HAVE THE RECEIPT. 5:25 IN THE AFTERNOON. WEATHER REPORTS WILL INDICATE THAT THE SUN WENT DOWN AT 5:22 THAT DAY.

THE DEFENDANT TOLD THE DETECTIVE KEENE THAT FROM THE GAS STATION THERE IN CARMEL MOUNTAIN, FROM THE GAS STATION AT CARMEL MOUNTAIN, HE HEADS TO GLAMIS. HE’LL SAY HE WENT NORTH ON 15 TO ESCONDIDO. SAN PASQUAL AREA. YOU CAN SEE THE YELLOW STAR UP IN THERE. FROM THERE HE SAYS HE GETS OFF THE FREEWAY AND DRIVES THE ROAD TO RAMONA, GOES TO SANTA YSABEL, AND THEN GOES AROUND THE BARN TO GLAMIS, WAY OUT IN THE DESERT. AT NIGHT IN A THIRTY-FIVE-FOOT MOTOR HOME.

WHEN HE GETS OUT TO GLAMIS, IT’S CLOSE TO MIDNIGHT HE SAYS TO DETECTIVE KEENE. AND HE GETS STUCK IN THE SAND OFF THE ROAD, OFF THE HARDPAN. HE GETS STUCK AND CANNOT GET OUT.

NEXT MORNING — HE GOES TO SLEEP THERE IN THE MOTOR HOME, SPENDS THE NIGHT INSIDE THE MOTOR HOME. NEXT MORNING HE GETS UP AND HAS TO GET HIMSELF OUT OF THE SAND. A COUPLE PEOPLE TRY TO HELP YOU’LL HEAR. EVENTUALLY A FELLOW BY THE NAME OF DAN CONKLIN SHOWS UP. HE’S ONE OF THE FELLOWS WHO LIVES OUT THERE, AND HE MAKES HIS LIVING TOWING PEOPLE OUT OF THE SAND. AND HE GOT HIS RIG TOGETHER AND PULLS THE DEFENDANT OUT OF THE SAND SOME TIME, YOU KNOW, 10:0, 11:00, 12:00 O’CLOCK IN THE MORNING. EVENTUALLY GETS HIM OUT. HE CHARGES THE DEFENDANT $150.00. ACCORDING TO THE DEFENDANT. STATEMENT TO DETECTIVE KEENE, THE DEFENDANT HAS $80.00 ON HIM. HE GIVES HIM $80.00 AND GETS THE GUY’S NAME AND ADDRESS IN RETURN SO HE CAN SEND HIM THE REST LATER ON.

YOU’LL HEAR FROM PEOPLE WHO THE POLICE HAVE BEEN ABLE TO LOCATE OUT THERE AT GLAMIS, WHAT THEY SAW OUT THERE. THEY WILL DESCRIBE WHERE THE DEFENDANT HAD PARKED HIS MOTOR HOME OFF THE ROAD, OFF THE HARDPAN, OFF BY HIMSELF INTO THE SOFT SAND. THEY THOUGHT IT WAS WEIRD. THEY WILL TELL YOU THAT THEY WENT OVER TO LOOK AT IT AND CHATTED WITH HIM A BIT. AND IT SEEMED UNUSUAL TO THEM, YOU KNOW, WHERE ARE THE TOYS. WHERE ARE THE THINGS YOU PLAY WITH OUT HERE. THE DEFENDANT TOLD THEM THEY’RE BACK IN BRAWLEY OR EL CENTRO. I GOT A FLAT TIRE. I COULDN’T BRING THEM THIS FAR. THAT’S WHERE THEY ARE. WHEN IN REALITY WE KNOW THEY WERE BACK AT SKY RIDGE.

THE FELLOW THAT TOWED HIM OUT OF THE SAND, DAN CONKLIN, WILL TELL YOU THAT THE DEFENDANT SEEMED KIND OF TO HIMSELF. AS CONKLIN WAS WORKING ON THE MOTOR HOME, HEARS THE DEFENDANT TALKING TO SOMEBODY, SAYING SOMETHING. CAUGHT CONKLIN’S ATTENTION ENOUGH THAT HE WENT OVER AND SAID WHAT ARE YOU TALKING ABOUT, YOU KNOW; WHAT ARE YOU SAYING, YOU KNOW. NOTHING. NOTHING. EVENTUALLY MR. CONKLIN WAS ABLE TO GET HIM OUT OF THE SAND, AND THE DEFENDANT TAKES OFF. HE LEAVES. HE DOESN’T LOOK FOR HIS FRIENDS. HE DOESN’T LOOK FOR A NICER PLACE TO STAY THERE. IN FACT, HE TAKES OFF AND LEAVES HIS LEVELERS BEHIND.

FROM THERE HE GOES TO A PLACE CALLED SUPERSTITION, ANOTHER SPOT IN THE DESERT, WHERE HE GETS OFF THE ROAD AND GOES BACK IN THERE FOR A BIT. HE SAYS HE DOESN’T STAY THERE VERY LONG. FROM THERE HE GOES TO BORREGO. HE WANTS TO GO TO THESE PLACES HE SAYS BECAUSE, WELL, I MIGHT BRING MY SON OUT HERE, AND IT LOOKED LIKE A NICE PLACE. AGAIN HE GETS STUCK IN THE SAND OFF THE ROAD, OFF THE MAIN PATH. HE IS ABLE TO GET HIMSELF OUT OF THE SAND THIS TIME HE SAYS AND MOVES ON.

HE SAYS HE LEAVES BORREGO ABOUT 6:00 O’CLOCK IN THE EVENING AND HEADS BACK TO SAN DIEGO. HE SAYS HE COMES BACK TO SAN DIEGO BASICALLY THROUGH THE TWO-LANE HIGHWAY ROUTE, GOES OFF BY WARNER SPRINGS, DOES NOT WANT TO GO UP THROUGH JULIAN, WHICH IS THE DIRECT WAY, BECAUSE OF CONCERN OVER SNOW. SNOW UP AT JULIAN. WE WILL SHOW YOU THE WEATHER REPORT, WHAT THE WEATHER WAS LIKE IN JULIAN.

HE COMES BACK TO SAN DIEGO AND GOES BACK TO THE SAME GAS STATION, THE CHEVRON STATION THERE AT I-15 AND CARMEL MOUNTAIN ROAD. HE HAS TO FILL UP AGAIN. HE FILLS UP AND HEADS BACK DOWN TO THE SILVER STRAND. HE SAYS HE KNOWS HE HAS HIS — PAID FOR TWO NIGHTS DOWN AT THE STRAND, AND HE WANTS TO TAKE ADVANTAGE OF THEM. HE HAD A CRUMMY WEEKEND UP ‘TIL THEN. LET ME GO DOWN TO THE STRAND AND AT LEAST HAVE ONE GOOD NIGHT AND A GOOD MONDAY DOWN THERE. BUT HE SAYS HE GETS DOWN TO THE STRAND, AND HE GETS THERE IT’S TOO LATE. THE CAMPGROUND AT THE STRAND CLOSES AT 7:00 O’CLOCK AT NIGHT HE SAYS, AND THERE ARE GATES AT THE SILVER STRAND THAT CLOSE AND DON’T LET THE LATECOMERS INSIDE. SO HE CAN’T GET IN THERE.

HE TELLS DETECTIVE KEENE THAT WHAT HE DOES IS HE GOES ACROSS THE SILVER STRAND, THE HIGHWAY THERE, AND GOES INTO A PLACE CALLED THE CORONADO CAYS, A RESIDENTIAL AREA DOWN THERE AT THE FAR END OF THE STRAND, SOME NICE HOMES THAT ARE KIND OF BUILT ON LITTLE CANALS DOWN THERE. HE SAYS THERE’S A GATE GUARD PLACE THAT HE GOES BY. AND HE FINDS A PLACE WHERE THERE’S NO PARKING, BUT HE WAS GOING TO SPEND THE NIGHT THERE AND IN THE MORNING JUST PACK UP AND EITHER GO BACK TO THE STRAND OR GO ON HOME. SO HE PULLS INTO THIS PARKING AREA, THE CORONADO CAYS, AND SPENDS THE NIGHT IN HIS PLACE, IN HIS R.V. THAT NIGHT.

BUT YOU WILL LEARN, HOWEVER, IS THAT BACK AT THE GAS STATION, WHEN HE WAS GETTING GAS, HE GOT A RECEIPT. THE GAS STATION SHOWED HE WAS GETTING GAS IN CARMEL MOUNTAIN AT 7:12 IN THE EVENING. AFTER DARK. SUNSET AT ABOUT 5:23 THAT NIGHT. GETTING GAS IN CARMEL MOUNTAIN AT 7:12. AND HE SAYS HE THEN GOES DOWN AND TRIES TO GET INTO THE SILVER STRAND WHEN THEY CLOSE AT 7:00. HE’LL TELL YOU HE’S FAMILIAR WITH THE AREA AND KNOWS THE TIMING DOWN THERE.

YOU’LL ALSO HEAR THAT WHEN HE GOT DOWN THERE, HE SAID HE WENT OVER TO THE CAYS AND SPENT THE NIGHT THERE. A CORONADO POLICE OFFICER, MIKE BRITTON, WORKING FOR CORONADO THAT NIGHT WAS CALLED UP TO THE CORONADO CAYS THAT EVENING BECAUSE THERE WAS SOMEBODY PARKED WHERE THEY SHOULDN’T BE IN THE CASE. AND HE WAS ASKED TO REMOVE THAT PERSON, YOU KNOW, YOU CAN’T PARK HERE; YOU GOT TO GET OUT OF HERE. HE SHOWED UP AT THE CAYS AROUND 2:00 OR 3:00 O’CLOCK IN THE MORNING, MADE CONTACT WITH THE PEOPLE THAT WERE ASSOCIATED WITH THE MOTOR HOME, ASKED THEM TO LEAVE. NO PROBLEM. THOSE PEOPLE MOVED. IT WAS NOT THE DEFENDANT. IT WAS SOMEBODY ELSE. THE PERSON HE KICKED OUT WAS SOMEBODY ELSE. HE DID NOT SEE THE DEFENDANT ILLEGALLY PARKED DOWN AT THE CAYS THAT NIGHT.

THE DEFENDANT’S STORY IS THAT FROM THE CAYS HE WAKES UP THE FOLLOWING MORNING AND GOES FROM THE CAYS BACK UP TO THE STORAGE AREA IN SKY RIDGE, WHERE HE KEEPS HIS MOTOR HOME. HE SAYS HE GOES THERE DIRECTLY, SHOWS UP THERE FAIRLY EARLY IN THE MORNING, AND KIND OF PARKS ALONGSIDE OF THE ROAD BECAUSE HE DOESN’T WANT TO DISTURB THE NEIGHBORS, WAKE THE NEIGHBORS UP BECAUSE HE GETS THERE SO EARLY.

HE SAYS HE SETS UP THE MOTOR HOME, PARKS IT THERE, GETS IN THE S.U.V. AND DRIVES HOME. DRIVES STRAIGHT HOME. AND THAT’S WHERE HE IS CONTACTED BY JOHNNY KEENE AND DETECTIVE MO PARGA THAT MORNING AT 9:00 O’CLOCK OR SO. WHAT YOU WILL HEAR, HOWEVER, IS THAT SOMEWHERE BETWEEN HIS HOME AND WHERE HE KEEPS THE MOTOR HOME UP THERE ON SKY RIDGE IS A DRYCLEANER’S RIGHT AT TWIN PEAKS I BELIEVE IT IS AND POMERADO ROAD, A DRYCLEANER’S. PEOPLE WORKING IN THE DRYCLEANER’S WILL TELL YOU THAT DAVID WESTERFIELD CAME BY THE DRYCLEANER’S THAT MORNING VERY EARLY IN THE MORNING, THAT IT WAS A COLD MORNING, AND THAT HE WAS IN HIS MOTOR HOME. SHE SAW IT OUTSIDE THE FRONT WINDOW OF THE DRYCLEANER’S. AND SHE KNOWS WHO THE DEFENDANT IS BECAUSE SHE’S SEEN HIM IN THERE BEFORE AND ALWAYS SEEMED VERY PLEASANT AND VERY NICE AND KIND OF HIT ON HER A LITTLE BIT.

ON THIS EARLY MORNING, COLD DAY, WHEN HE SHOWED UP IN HIS MOTOR HOME, SHE’LL TELL YOU THAT HE CAME IN AND HE DIDN’T LOOK THE SAME. HE WAS SHORT, QUICK, DISORGANIZED, NOT WELL KEPT, WEARING SHORTS, TEESHIRT, BAREFOOT, AND BROUGHT IN A LOAD OF DRYCLEANING TO BE DONE. A BLACK JACKET, TWO COMFORTERS, AND TWO COVERS. AS HE DROPPED THEM OFF, HE THEN LEFT.

YOU’LL ALSO HEAR THAT SOMEWHERE IN THERE HE MUST HAVE WASHED HIS S.U.V., CLEANED IT UP AFTER SITTING OUT IN THE OPEN UP ON SKY RIDGE, BECAUSE ONCE THE INTERVIEW WAS COMPLETED WITH JOHNNY KEENE AND MO PARGA, THEY THEN ASKED HIM, HEY, CAN WE WALK THROUGH THE HOUSE, SEE IF DANIELLE’S HERE. WE’VE WALKED THROUGH ALL THE OTHER ONES; CAN WE GO THROUGH THIS ONE. SURE. COME ON IN.

AS THEY WERE PREPARING TO DO THAT, THEY NOTICED AS THEY WERE SPEAKING WITH MR. WESTERFIELD ON THIS COLD MORNING WHILE THEY WERE WEARING WARMER CLOTHES, HE WAS IN A TEESHIRT AND HE HAD HUGE SWEAT RINGS UNDERNEATH HIS ARMS.

HE AGREED TO LET THEM GO THROUGH THE HOUSE. IN FACT, HE FOLLOWED THEM, AND HE WAS VERY COOPERATIVE WITH THE OFFICERS GOING THROUGH THE HOUSE, POINTING OUT SOME AREAS WHERE THE OFFICERS HAD OVERLOOKED. HERE. DON’T YOU WANT TO LOOK HERE. OH, YOU MISSED HERE. LOOK OVER HERE. VERY COOPERATIVE WITH THE OFFICERS.

THEY WENT THROUGH THE LAUNDRY AREA, AND THEY SAW THAT THE LAUNDRY AREA WHERE HE HAS THE DRYER AND WASHER WAS FULL OF STUFF. STUFF WAS BEING WASHED AND DRIED RIGHT NOW. THERE WAS AN ODOR OF BLEACH, OF CHLORINE. ONE OF THE OFFICERS EVEN NOTICED SOME DIRT OR SAND GRANULES IN THE WASHING MACHINE.

THEY WENT UPSTAIRS TO HIS BEDROOM AND NOTICED HIS COMFORTER WAS MISSING. NO COMFORTER UP THERE. IN FACT, THERE WAS A NEW COMFORTER PILED, STACKED ON TOP OF THE BED.

YOU’LL NOTICE FROM WHAT THE DETECTIVE SAYS THAT THEY WENT TO THE GARAGE, AND IN THE GARAGE, OVER ON THE EAST SIDE, THEY ALSO SMELLED A BLEACH, A CHLORINE-TYPE SMELL WITH SOME BEDDING AND CLOTHING DOWN ON THE GROUND. AND THIS IS WHERE THEY NOTICED THAT THE S.U.V. WAS SPOTLESS. IT WAS CLEAN, AND THERE WAS NO WATER PILE OUTSIDE ON THE DRIVEWAY. THE OFFICERS THEN ASKED, HEY, CAN WE GO LOOK AT THE MOTOR HOME YOU TOLD US ABOUT, SEE WHAT THAT LOOKS LIKE, MAKE SURE SHE’S NOT UP THERE. OKAY. COME ON, LET’S GO. HE LEADS THEM UP THERE. THE OFFICERS FOLLOW ALONG BEHIND BECAUSE THEY DON’T KNOW WHERE TO GO. THEY DON’T KNOW HOW TO FIND THIS PLACE.

HE TAKES THEM UP THERE, AND AGAIN THE SAME THING REPEATS ITSELF. HE IS VERY COOPERATIVE. THE OFFICERS ARE LOOKING AT OUTDOOR STORAGE AREAS TO THE MOTOR HOME, AND THEY HAVE TO UNLOCK SOME OF THEM, AND THEY MISSED ONE. AND MR. WESTERFIELD, HEY, DON’T YOU WANT TO LOOK HERE, CHECK THIS ONE, MAKE SURE NOTHING’S IN THERE. NOTHING WAS. THEY GET INSIDE AND MAKE A QUICK LOOK THROUGH THE MOTOR HOME TO SEE IF THEY CAN SEE ANYTHING, SEE IF THEY CAN FIND DANIELLE. AND AGAIN THE COMFORTER IS MISSING OFF THE BED IN THE REAR OF THE MOTOR HOME.

AFTER THE OFFICERS COMPLETED THE SEARCH, LOOKING FOR DANIELLE, THERE WAS AN OPPORTUNITY FOR THE MEDIA TO SPEAK WITH MR. WESTERFIELD. AND WE’LL SHOW YOU THAT INTERVIEW, WHERE HE SPOKE WITH IT WAS PRIMARILY CHANNEL 10 I THINK WAS DOING MOST OF THE QUESTIONING. HE WAS STANDING OUTSIDE HIS HOUSE, AND THEY WERE ASKING HIM QUESTIONS ABOUT WHAT’S GOING ON. AND YOU WILL HEAR WHAT HE TOLD THE MEDIA, WHAT HE TOLD ALL OF SAN DIEGO. AND BASICALLY AGAIN CONFIRMING THE SAME STORY THAT BRENDA VAN DAM HAD SAID. HE MET HER, SAW HER OVER AT THE DAD’S, LOOKED LIKE THEY WERE HAVING A GOOD TIME, TALKED ABOUT THE COOKIES, AND THOUGHT THERE WAS A BABYSITTER BACK AT THE HOUSE. YOU WILL BE ABLE TO SEE THAT.

NOW WE’LL SKIP AHEAD FROM THAT EARLY MORNING, AFTERNOON SESSION ON MONDAY TO THAT EVENING. MONDAY NIGHT, TUESDAY MORNING. HOMICIDE TEAM HAD OBTAINED SEARCH WARRANTS FOR HIS HOUSE, HIS VEHICLE. AND THAT EVENING THEY SERVED THOSE SEARCH WARRANTS ON HIS HOUSE OVER THERE IN SABRE SPRINGS AREA.

ONE OF THE OFFICERS INVOLVED WAS SERVING THE SEARCH WARRANT WAS A FELLOW BY THE NAME OF JIM TOMSOVIC. HE WAS THE EVIDENCE GATHERER OF THE TEAM, PART OF THE HOMICIDE TEAM. AND HE WAS RESPONSIBLE FOR FINDING, AT LEAST LOCATING SOME OF THE STUFF AND THEN A LAB. PERSON WOULD COME ALONG AND PICK IT UP, ACTUALLY IMPOUND IT. IT’S KIND OF A TEAM PROCESS, CHAIN BELT-TYPE THING.

HE’LL TELL YOU THAT THEY FOUND A COUPLE PAIRS OF BINOCULARS IN THE HOUSE. WHEN THEY WERE UPSTAIRS IN THE MASTER BATHROOM, THE WINDOW FRAME, THE SCREEN WAS FORCED OUT, IT WAS BENT, FORCED OUT. DETECTIVE TOMSOVIC WILL BE ABLE TO TELL YOU THAT FROM THAT WINDOW HE CAN LOOK OUT AND SEE THE BACKYARD OF THE VAN DAMS, OUT WHERE THE KIDS PLAY.

THEY FOUND AN AD INSIDE THAT HOUSE FOR VARIOUS ITEMS AT A STORE. BUT ONE OF THE ITEMS CONTAINED A PICTURE OF A BED, A CANOPY BED WITH FOUR POSTS, CANOPY BED WITH A LIGHT FILM, LIKE MOSQUITO NETTING-TYPE THING. IT’S VIRTUALLY IDENTICAL TO DANIELLE’S BED.

HE’LL TELL YOU THAT HE FOUND THE RECEIPT FROM DAN CONKLIN, THE FELLOW OUT IN THE DESERT WHO HAD TOWED HIM OUT AND HE STILL OWED THE MONEY TO. THAT WAS SITTING PROMINENTLY ON THE KITCHEN COUNTER. THE GAS RECEIPTS FROM THE TWO TIMES HE GOT GAS AT THE CHEVRON STATION WERE OUT THERE RIGHT ON THE COUNTER. BUT HE HAD THREE OTHERS, THREE OTHER GAS RECEIPTS FROM THE SAME STATION. HE’LL TELL YOU THAT HE FOUND THE NAME AND THE PHONE NUMBER FOR BRENDA VAN DAM THAT SHE SAID SHE FILLED OUT WHEN SHE WAS OVER AT THE HOUSE SELLING COOKIES. THAT WAS THERE ON THE COUNTER. THERE’S A SHOPPING LIST THAT HAD BLEACH AT THE TOP. THE LAB. PEOPLE ALSO CAME IN AND STARTED GATHERING THE FORENSIC-TYPE EVIDENCE, THE LITTLE THINGS. BY THE LAB. PEOPLE I’M TALKING ABOUT THE FOLKS THAT WE SEE IN THE WHITE COATS WANDERING AROUND. AND I THINK YOU’LL UNDERSTAND HERE THAT THESE PEOPLE WERE THE ONES INVOLVED WITH SEARCHING MR. WESTERFIELD’S HOUSE, HIS VEHICLE. THEY WERE NOT INVOLVED WITH SEARCHING THE VAN DAM HOUSE. SOMEONE ELSE WAS RESPONSIBLE FOR THAT. DIFFERENT PEOPLE, PEOPLE THAT WERE ON THE CASE EARLY FROM THAT FIRST SATURDAY. IT WAS A DIFFERENT GROUP OF PEOPLE THAT WERE GOING THROUGH WITH THE SEARCH WARRANT.

AND THEY FOUND VARIOUS ITEMS. ONE OF THE THINGS THAT THEY FOUND AND LIFTED WERE FIBERS. THEY TAKE EVIDENCE, SHEETS, CLOTHING, ANYTHING THAT MIGHT CONTAIN FIBERS, AND THEY PUT TAPE DOWN ON IT, TRY TO REMOVE THE FIBERS. AND THEN THEY TRY TO MATCH IT UP WITH SOMETHING ELSE THAT’S IMPORTANT IN THIS CASE. OUT OF MR. WESTERFIELD’S HOME THEY DID THAT. THEY FOUND SOME FIBERS THAT WERE LIFTED OFF THE LAUNDRY THAT WAS IN THE LAUNDRY ROOM BY THE WASHER AND THE DRYER WHEN THEY MADE THEIR LOOP THROUGH THERE. SOME DISTINCT FIBERS. THEY COMPARED IT MICROSCOPICALLY, AND THEY FOUND SOMETHING THAT IT MATCHED TO. IT MATCHED MICROSCOPICALLY TO FIBERS ON A TOWEL THAT WAS IN THE BODY BAG FOR DANIELLE. YOU’LL HEAR HOW THAT COMPARISON WAS DONE. FIBERS FROM DANIELLE ONTO A BLANKET IN THE BODY BAG MATCHED FIBERS FROM THE LAUNDRY ROOM.

YOU WILL HEAR THAT ONE OF THE PLACES THEY LOOKED IN MR. WESTERFIELD’S RESIDENCE WAS IN THE GARAGE IN THE TRASH. IN THE TRASH THEY FOUND THAT LINT BALL THAT YOU PULL OUT OF YOUR DRYER ONCE IT GETS TOO MUCH LINT, YOU SCOOP THE LINT OFF, AND THROW IT AWAY. THEY FOUND THIS LITTLE LINT BALL OUT IN THE GARAGE FROM THE DRYER. AND THEY EXAMINED THAT FOR HAIRS AND EVERYTHING ELSE. THEY FOUND THREE HAIRS IN THERE OUT OF THE LINT FROM HIS DRYER THAT WAS IN THE GARAGE, AND THEY ULTIMATELY HAD SOME HAIRS TO COMPARE IT WITH.

THEY HAD HAIRS FROM THE VAN DAMS TO COMPARE IT WITH. AND YOU’LL FIND OUT THAT THE HAIRS FROM THE LINT AND THE HAIRS FROM DANIELLE VAN DAM WERE MICROSCOPICALLY MATCHED. THEY WERE THEN SENT ON FOR D.N.A. ANALYSIS, MITOCHONDRIAL D.N.A., COMPARE THESE HAIRS FROM THE LINT TO HERS.

YOU’LL HEAR FROM THESE PEOPLE, AND THEY WILL COME IN AND TELL YOU THAT THE HAIRS OUT OF THE LINT CAN COME FROM BASICALLY FOUR SOURCES. THEY CAN COME FROM BRENDA VAN DAM OR ANY OF HER OFFSPRING. YOU’LL FIND OUT THAT IT CANNOT COME FROM BRENDA VAN DAM BECAUSE HER HAIR IS TREATED, THERE’S CHEMICALS ON HER HAIR. HER HAIR THAT CAME OUT, THE HAIR THAT CAME OUT OF THE LAUNDRY WAS NOT CHEMICALLY TREATED. SO THAT LEAVES THREE CHILDREN. WE’LL SHOW YOU PICTURES HERE OF THE BOYS. THEY ALL HAD THE SAME COLOR HAIR, BUT THE BOYS HAVE SHORT HAIR. DANIELLE HAS LONG HAIR. AND WE’LL BE ABLE TO INDICATE FOR YOU PERHAPS WHEN THIS HAIR WAS DROPPED. WE HAVE PHOTOGRAPHS OF DANIELLE ON THE RIGHT WHICH PERHAPS WE’RE FAMILIAR WITH FROM THE MISSING PERSONS POSTER. AND WE HAVE DANIELLE ON THE LEFT, AND YOU CAN SEE THE DIFFERENT LENGTHS IN THE HAIR. BRENDA VAN DAM WILL TELL YOU THAT SHORTLY BEFORE HER DAUGHTER WAS TAKEN, IN FACT, I THINK IT WAS JANUARY 26TH, SHE HAD TAKEN YOUNG DANIELLE TO THE BEAUTY PARLOR, HAIR SALON, WHATEVER, AND HAD HER HAIR CUT OFF TO ABOUT EIGHT INCHES. BUT BEFORE THAT HER HAIR WAS THE LONGER LENGTH, AS IT IS IN THE PHOTOGRAPH WHERE SHE’S WEARING THE RED OUTFIT. THAT’S A SCHOOL PICTURE I BELIEVE. SO THE HAIRS WERE DIFFERENT, ABOUT EIGHT INCHES TO TWELVE INCHES. AND YOU’LL HEAR HOW THE HAIRS WERE MICROSCOPICALLY MATCHED AND MITOCHONDRIALLY D.N.A. MATCHED WERE EIGHT INCHES OR LESS.

WE THEN MOVE TO THE MOTOR HOME AND MORE HAIRS WERE FOUND. THERE WAS A HAIR FOUND IN THE BATHROOM SINK OF THE MOTOR HOME. MICROSCOPICALLY COMPARED WITH DANIELLE’S HAIR AND FOUND TO BE SIMILAR. IT WAS COMPARED FOR D.N.A. PURPOSES, A DIFFERENT TYPE OF D.N.A. THIS ONE HAD THE ROOT WHICH ALLOWED IT TO BE TESTED FOR NUCLEAR D.N.A. AND COMPARED WITH DANIELLE VAN DAM, AND IT MATCHED.

THE HAIR IN THE BATHROOM SINK IN THE MOTOR HOME, OF MR. WESTERFIELD’S MOTOR HOME, MATCHED DANIELLE’S HAIR. AND THEY WILL TELL YOU THAT THERE’S A CHANCE IN TWENTY-FIVE QUADRILLION OF THAT HAPPENING. YOU’LL ALSO HEAR THAT THERE ARE SIX TO SEVEN BILLION PEOPLE ON THE EARTH. WE HAVEN’T EVEN REACHED THOSE NUMBERS YET.

YOU WILL HEAR THAT THERE WAS A HAIR ON THE RUG IN THE BATHROOM. THIS WAS ALSO COMPARED MITOCHONDRIAL D.N.A., SAME THING. IT EITHER CAME FROM BRENDA OR ONE OF HER THREE KIDS. YOU WILL BE ABLE TO COMPARE THE HAIR LENGTH WITH THE TWO PHOTOGRAPHS.

THERE WAS MORE HAIR FOUND ON THE HALL CARPETING IN THE MOTOR HOME. THIS WAS ALSO COMPARED MICROSCOPICALLY AND MITOCHONDRIAL D.N.A. SAME THING.

THERE WERE FIBERS FOUND IN THE MOTOR HOME BACK BY THE BED OF THE MOTOR HOME, THE EXTREME REAR OF THIS MOTOR HOME. ON THE DRIVER’S SIDE THEY FOUND SOME FIBERS BACK THERE THAT WERE COLLECTED AND COMPARED AND FOUND TO BE SIMILAR TO FIBERS FROM THE CARPETING IN DANIELLE’S BEDROOM.

THERE WERE FIBERS FOUND IN THE HALLWAY OF THE MOTOR HOME. SAME RESULT.

THERE WERE FIBERS FOUND IN THE BATH MAT IN THE BATHROOM IN THE MOTOR HOME. SAME RESULT.

THERE WAS BLOOD FOUND IN THE MOTOR HOME. BLOOD WAS FOUND IN THE HALLWAY OUTSIDE THE BATHROOM. COMPARED WITH DANIELLE’S KNOWNS. AND YOU HAVE TO REMEMBER, UNDERSTAND HERE THAT WHEN SHE DISAPPEARED, THERE WERE NO KNOWNS. THERE WAS NO VIAL OF BLOOD THAT THE FAMILY KEPT, YOU KNOW, IN CASE MY CHILD IS MISSING, HERE, COMPARE IT WITH THIS IN CASE WE FIND HER. DIDN’T HAVE ANY KNOWN FINGERPRINTS. DIDN’T HAVE ANY KNOWN HAIRS. THESE WERE ALL GATHERED UP LATER.

THE BLOOD IN THE HALLWAY MATCHED UP TO DANIELLE VAN DAM. ONE IN SIX HUNDRED AND SIXTY QUADRILLION CHANCE OF THAT MATCH.

THERE WERE FINGERPRINTS FOUND IN THE MOTOR HOME. BY THE BED IN THE BEDROOM BACK BY THE HEADBOARD OFF TO THE SIDE THERE’S A CABINET. DANIELLE’S FINGERPRINTS WERE FOUND THERE BECAUSE THEY REMOVED HER HANDS AND WERE ABLE TO INFLATE THE FINGERS AND FIND THE PRINTS DOWN HERE IN MID FINGER, NOT UP HERE ON THE PADS. TWO PRINTS, TWO FINGERS ON ONE PRINT BY THE BED.

THERE WERE MORE ITEMS FOUND. THE JACKET THAT HAD BEEN TAKEN TO THE DRYCLEANER’S, THAT WAS EXAMINED. THIS JACKET HAD BEEN DRYCLEANED. BUT THE PEOPLE AT THE LAB. STILL EXAMINED IT AND FOUND A SPOT ON THE SHOULDER. COMPARED IT, PULLED IT OUT, REMOVED IT, ANALYZED THE D.N.A. ON IT. IT WAS DANIELLE’S BLOOD FROM THE D.N.A. ANALYSIS. AND YOU WILL HEAR THE NUMERICAL POSSIBILITY OF MATCHING ANYONE ELSE.

FINALLY, WE’LL GET INTO WHY THIS HAPPENED AND ONE LAST COUNT THAT WE HAVE, POSSESSION OF THE CHILD PORNOGRAPHY. NOT ONLY DID THE OFFICERS SEARCH AND FIND WHAT WE’VE TALKED ABOUT SO FAR, BUT THERE WERE OTHER PEOPLE INVOLVED IN THAT SEARCH, PEOPLE WHO ARE FAMILIAR WITH COMPUTERS, HOW THEY WORK, HOW YOU CAN GET INSIDE THEM, WHAT THEY CAN TELL YOU. THESE PEOPLE WERE ALSO PART OF THE SEARCH TEAM FROM THE SAN DIEGO HOMICIDE DEPARTMENT. AND THESE PEOPLE WENT ALSO PURSUANT TO THIS SEARCH WARRANT TO THE DEFENDANT’S HOUSE. THEY WENT TO THE DEFENDANT’S UPSTAIRS AREA. THEY WENT TO THE DEFENDANT’S OFFICE WHERE HE HAS HIS INITIALS ON THE WALL AND HIS COMPUTERS ON THE TABLE AND HIS WORK MANUALS ON THE BOOKSHELVES. AND THEY FOUND AN ENVELOPE STUCK UP IN THIS BOOKSHELF THAT HAD COMPUTER THINGS, FLOPPY DISKS, THEY’LL TALK THE COMPUTER TALK TO YOU. AND THEY PULLED THOSE OUT, AND THEY LOOKED AT WHAT WAS ON THERE. AND WHEN THEY DID, THEY FOUND THE EVIDENCE THAT SUPPORTS THE CHILD PORNOGRAPHY COUNT.

THEY ALSO FOUND THE EVIDENCE THAT INDICATES WHY HE TOOK HER. HE HAD PICTURES THAT HE HAD DOWNLOADED, TAKEN OFF THE INTERNET AND ORGANIZED, SYSTEMIZED, AND LABELED. NOT ONLY OF NAKED YOUNG GIRLS, MANY OF THEM NUDE, STANDING IN SEXUAL POSES, OBVIOUSLY UNDER EIGHTEEN, HE HAD YOUNG GIRLS ACTIVELY INVOLVED IN A SEX ACT THAT HE HAD PRESERVED. HE HAD ANIMATIONS, DRAWINGS, IF YOU WILL, OF LITTLE GIRLS IN PIGTAILS, DRESSED LIKE LITTLE GIRLS, BEING ATTACKED BY MALES, ORALLY, DIGITALLY, ANALLY, AND VAGINALLY.

HE ALSO HAD VIDEOS THAT HE HAD DOWNLOADED AND PRESERVED, SOME OF WHICH YOU WILL SEE, FOUR OR FIVE. SOME OF THEM HAVE SOUND. AND YOU WILL HEAR WHAT IS GOING ON. AND YOU WILL SEE WHAT IS GOING ON ON THOSE VIDEOS. AND WHAT YOU WILL SEE IS BASICALLY ADULT MALES SEXUALLY ASSAULTING A YOUNG FEMALE. CERTAINLY DRESSED TO LOOK LIKE A YOUNG FEMALE.

LADIES AND GENTLEMEN, THAT IS SOME OF THE EVIDENCE THAT YOU WILL HEAR. BY THE TIME WE FINISH THIS CASE, YOU WILL BE ABLE TO ANSWER THE QUESTION, AND THE EVIDENCE WILL INDICATE THAT IT WAS DAVID WESTERFIELD WHO WENT INTO THE VAN DAM HOME. YOU WILL BE ABLE TO UNDERSTAND HOW HE GOT IN. YOU WILL BE ABLE TO UNDERSTAND HOW DAVID WESTERFIELD GOT OUT OF THE VAN DAM HOME. YOU WILL UNDERSTAND BASED UPON THE EVIDENCE WHAT HE DID TO DANIELLE VAN DAM AND WHAT HE DID WITH HER AND WHERE HE TOOK HER AND WHERE HE DUMPED HER.

AND YOU WILL UNDERSTAND, BASED UPON THE EVIDENCE IN THIS CASE, WHAT HE DID AND WHAT HE HAS DONE TO TRY TO GET AWAY WITH THIS.

YOU WILL FIND THE EVIDENCE IS SUFFICIENT TO CONVICT HIM OF MURDERING, KIDNAPPING, SPECIAL CIRCUMSTANCES, AND POSSESSION OF CHILD PORNOGRAPHY.

THANK YOU.

THE COURT: OKAY.

LADIES AND GENTLEMEN, BEFORE WE BREAK FOR LUNCH, I NEGLECTED TO COVER ONE THING IN MY ORIENTATION, AND THAT RELATES TO CREATURE COMFORTS.

YOU’LL NOTE THAT MY BAILIFF HAS SET OUT PITCHERS OF WATER WITH SOME PLASTIC CUPS. THE WATER THAT IS IN THOSE PITCHERS COMES FROM A FILTERED WATER FOUNTAIN IN THE BACK, SO IT IS THE BEST THE CITY OF SAN DIEGO HAS TO OFFER. AND SINCE WE ARE NOT TOILET TO TAP JUST YET, IT’S ACTUALLY PRETTY GOOD WATER. HOWEVER, MANY OF YOU MIGHT LIKE TO BRING YOUR OWN BOTTLED WATER. SOME OF YOU MIGHT LIKE TO BRING A CUP OF COFFEE OR TEA OR EVEN A THERMOS OF COFFEE OR TEA. I CAN ALLOW YOU TO DO THAT.

IN ADDITION TO THAT, THE VENDORS IN THESE TWO BUILDINGS SELL SOFT DRINKS AND PUNCH AND THAT SORT OF THING IN BOTTLES WITH SCREW-ON LIDS. SO THE BOTTOM LINE IS VERY SIMPLE. IF YOU CAN PUT A LID ON IT AND WOULD LIKE TO HAVE IT, YOU’RE WELCOME TO HAVE IT.

PLEASE REMEMBER THE ADMONITION OF THE COURT NOT TO DISCUSS THE CASE NOR FORM OR EXPRESS ANY OPINIONS ON THE CASE UNTIL THE MATTER IS SUBMITTED TO YOU FOR DECISION.

WE’RE GOING TO GO AHEAD AND TAKE A FULL LUNCH BREAK, SO HAVE A PLEASANT LUNCH. PLEASE BE OUTSIDE THE DOOR AT HALF PAST 1:00.

LADIES AND GENTLEMEN IN THE AUDIENCE, REMAIN SEATED WHILE THE JURY EXITS. I ALSO HAVE SOME COMMENTS FOR THE AUDIENCE.

(THE JURORS AND ALTERNATE JURORS LEFT THE COURTROOM

AT THIS POINT.)

(THE FOLLOWING OCCURRED OUT OF THE PRESENCE OF THE

JURY:

THE COURT: OKAY. THE RECORD SHOULD REFLECT THE JURORS AND ALTERNATES HAVE LEFT THE COURTROOM.

PART OF THE REASON THAT I SIT UP HERE IS SO THAT I CAN OBSERVE THINGS IN THE COURTROOM, AND IT APPEARS TO THIS COURT AT LEAST THAT A NUMBER OF INDIVIDUALS IN THE AUDIENCE ARE WEARING BUTTONS. THAT IS NOT ACCEPTABLE IN THIS COURTROOM. BUTTONS, PLACARDS, TEESHIRTS WITH IMAGES WILL NOT BE ACCEPTED. YOU’RE WELCOME TO REMAIN IN THIS COURTROOM, BUT THIS JURY WILL NOT BE INTIMIDATED NOR WILL ANYONE ELSE. SO I APOLOGIZE FOR THAT, BUT ALL OF YOU WEARING BUTTONS WILL NOT BE PERMITTED IN HERE AS LONG AS YOU WEAR THEM.

WE WILL BE IN RECESS UNTIL 1:30.

(END OF PROCEEDINGS OUT OF THE PRESENCE OF THE JURY.)

(RECESS, 12:00 O’CLOCK, NOON, TO 1:30 O’CLOCK, P.M.)

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02 - Day 1- June 4th 2002 - Transcript criminal trial David Westerfield