12 – Day 4- June 10th 2002 – Transcript criminal trial David Westerfield

TRIAL DAY 4 – PART 1 – morning 1
SAN DIEGO, CALIFORNIA, MONDAY, JUNE 10, 2002, 9:28 A.M. (morning 1)


WITNESS:
Denise Kemal


–O0O–


(THE FOLLOWING OCCURRED OUT OF THE PRESENCE OF THE
JURY:


THE COURT: OKAY. ON THE WESTERFIELD MATTER THE RECORD WILL REFLECT THE APPEARANCE OF MR. WESTERFIELD AND COUNSEL.


I UNDERSTAND THERE’S NOTHING WE NEED TO DISCUSS PRIOR TO BRINGING — THERE ARE SOME THINGS?


MR. FELDMAN: JUST QUICKLY. TWO SHORT MATTERS.


TWO MATTERS, YOUR HONOR. OVER THE WEEKEND, I KNOW THE COURT HAS BEEN ADVISING THE JURY THAT THEY COULD ONLY READ LIMITED SECTIONS OF THE NEWSPAPER, BUT THIS TIME OVER THE WEEKEND WE MADE IT TO THE, I DON’T KNOW, EDITORIAL SECTION. I DON’T KNOW WHETHER YOUR HONOR CAUGHT THIS. BUT I THINK THAT MAY PERHAPS INCLINE THE COURT TO CONSIDER BROADENING THE ADMONITION, WHATEVER YOUR HONOR THINKS IS APPROPRIATE; BUT I THINK IT APPROPRIATE TO CALL THIS TO YOUR ATTENTION.


THE COURT: ALL RIGHT. I PROBABLY OUGHT TO LOOK AT IT. I’M NOT SURE I SAW IT OR NOT.


OH, YES, I DID.


MR. FELDMAN: ALWAYS A SENSE OF HUMOR.


THE COURT: ALL RIGHT. I’LL TALK TO THEM.


MR. FELDMAN: THE SECOND MATTER IS BRIEF. IF WE NEED —


MR. BOYCE: PART OF THE RECORD.


THE COURT: YOU WANT TO MAKE THIS PART OF THE RECORD? ALL RIGHT. I WILL MAKE IT ROUGHLY AKIN TO A JUROR’S NOTE, PEG. YOU CAN JUST PUT IT IN THAT ENVELOPE. WE WILL CALL THEM EDITORIAL CARTOON.


MR. FELDMAN: THANK YOU.


SECOND MATTER OF SOME CONCERN IS THIS: AT RECESS WITH BRENDA VAN DAM I HAD ASKED THE QUESTION AND REQUESTED THE COURT RECESS. THE COURT GRANTED MY REQUEST TO RECESS, BUT IT WAS OBVIOUS THAT MISS VAN DAM WAS VERY EMOTIONALLY UPSET. MR. DUSEK APPROACHED MISS VAN DAM AND EMBRACED HER. I’M NOT SURE WHETHER JURORS SAW THAT, BUT MY CONCERN IS TWOFOLD. NUMBER ONE, I THINK AS ADVOCATES OUR OBLIGATION IS TO REMAIN IMPARTIAL. I THINK THAT COMMUNICATES OUT EMOTION THAT MAY OR MAY NOT BE APPROPRIATE UNDER THE CIRCUMSTANCES OF THE CASE AND PLAINLY COMMUNICATES A BIAS THAT I’M JUST CONCERNED THE JURY SAW.
NOW, I DID ASK YOUR STAFF WHETHER THEY SAW ANYTHING, AND IT DIDN’T APPEAR AS THOUGH THE JURY SAW ANYTHING, BUT I REALLY DON’T KNOW. AND THE ONLY REASON I’M RAISING IT THIS MORNING IS BECAUSE I READ ABOUT IT OVER THE WEEKEND IN TWO SEPARATE REPORTS. SO MY REQUEST WOULD JUST BE SUBMITTED WITH THOSE REMARKS.


THE COURT: ALL RIGHT.


ANY COMMENTS, MR. DUSEK?


MR. DUSEK: ONLY THAT BY THE TIME I GOT UP TO MISS VAN DAM THE JURY HAD ALREADY PASSED. I WAITED FOR THEM TO GO PAST ME BEFORE I WENT TO HER. I STOOD THERE WITH HER FOR A PERIOD OF TIME; I CERTAINLY WASN’T COUNTING IT, BUT IT WAS DURING THAT TIME THAT SHE SAID I NEED A HUG. AND SHE GOT A HUG AT THAT TIME.


AND IT WAS MY UNDERSTANDING THAT THE JURY WAS GONE AT THAT POINT.


THE COURT: ALL RIGHT. AND I’M JUST GOING TO MAKE SOME OBSERVATIONS.


IT WAS VERY APPARENT TO ME SHE WAS DISTRESSED, AND I IN FACT INVITED YOU OVER FOR THAT VERY REASON. THAT’S NUMBER ONE.


NUMBER TWO, ALL THE JURORS WITHIN MY VIEW HAD ALL ALREADY CROSSED THROUGH THE GATE. WHETHER THEY WERE ALL OUTSIDE OR NOT, I DO NOT KNOW. BUT THEIR BACKS DEFINITELY WERE TO THE WITNESS BOX.


AND THE THIRD THING IS THIS SETS A PRECEDENT, MR. FELDMAN, NOT FOR YOU, BUT FOR YOUR COLLEAGUES THAT HUG AND PUT THEIR ARMS AROUND THEIR CLIENTS ALL THE TIME IN FRONT OF THE JURY.
BUT THIS WAS JUST A RARE SET OF CIRCUMSTANCES THAT THE JURY DIDN’T SEE.


MR. FELDMAN: OKAY.


THE COURT: BUT WE’VE ALL MADE OUR RECORDS.


MR. FELDMAN: THANK YOU.


THE COURT: ANYTHING ELSE?


MR. DUSEK: YOUR HONOR, THERE IS.


TWO OF THE WITNESSES WE WILL BE CALLING TODAY HAVE CONSULTED ATTORNEYS. AND I BELIEVE ANY QUESTIONS REGARDING THAT WOULD BE PRIVILEGED AND IRRELEVANT AND INADMISSIBLE. AND I WOULD ASK THAT THERE BE AN ORDER THAT NO QUESTIONS BE ASKED REGARDING WHETHER OR NOT THESE WITNESSES HAVE CONSULTED AN ATTORNEY.


THE COURT: ALL RIGHT.


MR. FELDMAN?


MR. FELDMAN: I’M NOT SURE WHICH WITNESSES. IF HE’S TALKING ABOUT RICH BRADY, HE’S ALREADY BEEN IDENTIFIED AS A SUPPLIER OF DRUGS. AND I DON’T KNOW WHICH OTHER WITNESS MR. DUSEK IS MAKING REFERENCE TO.


MR. DUSEK: IT MAKES NO DIFFERENCE.


THE COURT: YES. WHAT’S THE RELEVANCE OF IT?


MR. FELDMAN: FRANKLY, I HADN’T CONSIDERED EVEN GOING THERE.


THE COURT: OKAY. WELL, THEN DON’T.


MR. DUSEK: THAT’S FINE.


MR. FELDMAN: WHY?


THE COURT: ALL RIGHT.


NOW, DO YOU WANT TO MAKE UP THIS HALF-HOUR TODAY IN AN ABBREVIATED LUNCH OR WOULD YOU PREFER TO JUST KEEP ON NINETY-MINUTE BREAK?


MR. DUSEK: WE’RE DOING FINE, YOUR HONOR. I ANTICIPATE WE WILL BE DONE BEFORE THE END OF THE MONTH.


THE COURT: ALL RIGHT.


OKAY. LET’S GET THE JURY PANEL.


(END OF PROCEEDINGS OUT OF THE PRESENCE OF THE JURY.)
THE COURT: GOOD MORNING, LADIES AND GENTLEMEN. WELCOME BACK. HOPEFULLY YOU HAD A PLEASANT THREE DAYS TO RELAX AND SORT OF CATCH YOUR BREATH BEFORE WE START ANOTHER WEEK OF VERY INTENSE WORK.


I DO APPRECIATE THE FACT THAT YOU HAVE BEEN SELF-POLICING. I NEED TO BRING TO YOUR ATTENTION THAT APPARENTLY WE’VE ALSO MADE THE EDITORIAL PAGE, WE MEANING THIS TRIAL, IN THE FORM OF A CARTOON. IT OBVIOUSLY DIDN’T SAY VERY MUCH, BUT I’M GOING TO JUST ASSUME THAT YOU’LL CONTINUE THE SELF-POLICING THE WAY WE’VE BEEN DOING IT.


I GOT TO TELL YOU, THOUGH, THAT I GOT DISCOVERED THIS WEEKEND. MY WIFE AND I ON FRIDAY WERE AT OUR LOCAL PETSMART GETTING DOG FOOD FOR OUR DOG. AND THE DOG, INCIDENTALLY, TO ANSWER THE ST. LOUIS TELEPOLL, IS A RETIRED, RESCUED GREYHOUND. ANYWAY, I’M GETTING THE IAMS FOOD, AND ALL OF A SUDDEN THIS VOICE SAYS YOU’RE JUDGE MUDD, AREN’T YOU. NOW, IN MY BUSINESS, WHEN SOMEBODY SAYS THAT TO YOU, THAT’S NOT A GOOD THING. IN THIS CASE, HOWEVER, IT TURNED OUT TO BE A PADRE FAN WHO WANTED TO LET ME KNOW THAT THEY WERE WINNING. THIS WAS ON A FRIDAY NIGHT. SO, YOU SEE, WE’RE STILL OUT THERE. AND TAKING TWO OUT OF THREE IS A GOOD START ON THE ROAD TRIP. SO HOPEFULLY YOU’LL ALL BE PADRE FANS IF ANYTHING ELSE BY THE TIME YOU GET OUT OF HERE.


AND I GOT A NOTE FROM A JUROR REGARDING HIGH SCHOOL GRADUATION. YOU WILL BE ABLE TO MAKE THAT GRADUATION. I WILL HAVE FURTHER INSTRUCTIONS FOR THE WHOLE PANEL WHEN THAT COMES UP.


ALL RIGHT, MR. DUSEK. NEXT WITNESS.


MR. DUSEK: CALL DENISE KEMAL.


DENISE KEMAL,
CALLED AS A WITNESS BY THE PLAINTIFF, HAVING BEEN DULY SWORN, TESTIFIED AS FOLLOWS:


THE CLERK: WOULD YOU PLEASE STATE YOUR NAME AND SPELL IT FOR THE RECORD.


THE WITNESS: DENISE KEMAL. D-E-N-I-S-E KEMAL,
K-E-M-A-L.


DIRECT EXAMINATION
BY MR. DUSEK:


Q: IS IT MISS OR MISSUS KEMAL?


A: IT’S MISS.


Q: HOW OLD ARE YOU, MA’AM?


A: TWENTY-EIGHT.


Q: DO YOU KNOW THE VAN DAM FAMILY?


A: YES, I DO.


Q: HOW LONG HAVE YOU KNOWN THEM?


A: ABOUT FIVE YEARS.


Q: HOW DID YOU FIRST MEET THEM?


A: DAMON WORKED WITH MY HUSBAND, AND I MET HIM THROUGH HIM.


Q: YOUR HUSBAND’S NAME IS WHAT OR WAS NAMED?


A: ANDREW.


Q: WHERE DID THEY WORK?


A: QUALCOMM.


Q: BACK IN FEBRUARY OF THIS YEAR WHAT PART OF TOWN WERE YOU LIVING IN?


A: TIERRASANTA.


Q: DID YOU HAVE A NEIGHBOR?


A: YES.


Q: WHAT WAS THE NEIGHBOR’S NAME?


A: BARBARA.


Q: WHAT’S HER LAST NAME?


A: EASTON.


Q: HOW LONG HAD YOU BEEN LIVING THERE? ABOUT.


A: HAVE I BEEN LIVING THERE?


Q: YES.


A: ABOUT A YEAR AND A HALF.


Q: WHAT TYPE OF WORK WERE YOU DOING?


A: FLIGHT ATTENDANT.


Q: ARE YOU FAMILIAR WITH THE VAN DAM FAMILY, HOW MANY PEOPLE ARE IN THE FAMILY?


A: YES.


Q: WHO ALL IS IN THE FAMILY?


A: BRENDA, DAMON, DEREK, DYLAN, DANIELLE.


Q: LET ME DIRECT YOUR ATTENTION BACK TO I THINK JANUARY 25TH OF THE YEAR 2002, THE WEEKEND BEFORE THIS THING HAPPENED.


A: M-HM.


Q: DID YOU HAVE ANY CONTACT WITH THE VAN DAM FAMILY ON THAT WEEKEND?


A: YES. WE WENT OUT THAT NIGHT.


Q: WAS THERE A REASON?


A: I WAS LEAVING, TRANSFERRING TO BALTIMORE FOR WORK. AND IT WAS THE LAST TIME WE WOULD GET TO HANG OUT.


Q: AND WHO WAS GOING TO GO OUT?


A: BRENDA, BARBARA, AND I.


Q: WHO CAME UP WITH THE PLANS, MA’AM?


A: BRENDA AND I.


Q: WHERE DID THE THREE OF YOU FIRST MEET UP THAT EVENING?


A: AT BRENDA’S.


Q: WHO WENT OVER THERE?


A: BARBARA AND I.


Q: WHO DROVE?


A: I BELIEVE BARBARA DID.


Q: DID YOU DO ANY DRINKING BEFORE YOU WENT OVER?


A: YES.


Q: WHAT DID YOU HAVE?


A: WINE.


Q: HOW ABOUT BARBARA; DID SHE HAVE SOME WINE, TOO?


A: YES.


Q: WHEN YOU GOT OVER TO THE VAN DAM HOME, WHAT WAS GOING ON, DO YOU RECALL?


A: I BELIEVE BRENDA WASN’T READY. SHE WAS UPSTAIRS. AND WE JUST WAITED DOWN IN THE KITCHEN FOR HER.


Q: DID YOU SEE DAMON VAN DAM?


A: YES.


Q: WHAT WAS HE DOING?


A: PLAYING VIDEO GAMES ON THE COUCH.


Q: WITH ANYONE?


A: YEAH. WITH THE BOYS.


Q: DID YOU SEE DANIELLE?


A: YES. SHE WAS IN THE KITCHEN AT THE TABLE.


Q: WHAT HAPPENED AS YOU WERE WAITING FOR BRENDA TO GET READY?


A: WE JUST SAT IN THE KITCHEN AND TALKED. TALKED TO DANIELLE, THE KIDS, DAMON, YOU KNOW, JUST TO WAIT FOR BRENDA.


Q: DID SHE EVENTUALLY SHOW UP?


A: YES.


Q: DID YOU DO ANYTHING BEFORE YOU LEFT THE HOUSE WITH BRENDA?


A: YES. WE WENT TO THE GARAGE.


Q: WHAT FOR?


A: AND WE SMOKED.


Q: DO YOU SMOKE CIGARETTES?


A: YES.


Q: DID YOU SMOKE CIGARETTES OUT THERE?


A: YES.


Q: SMOKE ANYTHING ELSE?


A: YES. WE SMOKED SOME POT.


Q: HOW MUCH?


A: NOT MUCH. WE USUALLY HAD ONE, AND WE PASSED IT AROUND, PUT IT OUT AND WOULD SAVE IT FOR LATER.


Q: ALL RIGHT.


ONCE YOU COMPLETED THAT OUT IN THE GARAGE ON THE 25TH, WHAT HAPPENED?


A: WE LEFT. WE WENT INSIDE.


Q: DO YOU KNOW WHO DROVE?


A: BRENDA DROVE.


Q: AND WHERE DID YOU GO?


A: TO DAD’S.


Q: HOW FAR AWAY IS THAT? ABOUT.


A: IT’S ABOUT TWO MINUTES. IT’S NOT FAR.


Q: IN POWAY?


A: IT’S JUST DOWN THE HILL.


YES, ON POWAY ROAD.


Q: TELL US WHAT HAPPENED WHEN YOU ARRIVED THERE AT DAD’S.


A: I DIDN’T HAVE MY I.D. ON ME WHEN WE GOT IN. AND BARBARA WAS TALKING TO THE DOORMAN AND MANAGED TO GET US IN. AND WE WENT TO THE BAR.


Q: YOU NEED THE I.D. FOR WHAT PURPOSE?


A: TO SHOW THAT YOU’RE OLD ENOUGH TO GET INTO THE BAR.


Q: YOU DIDN’T —


A: I FORGOT IT.


Q: YOU DIDN’T LOOK OLD ENOUGH TO GET IN?


A: NO. EVIDENTLY NOT.


Q: DID YOU HAVE TO GO GET YOUR I.D.?


A: NO. NO.


Q: HOW WERE YOU ABLE TO GET IN?


A: BARBARA SPOKE TO THE DOORMAN, AND I GUESS THEY DECIDED THAT I WAS OLD ENOUGH. I TOLD THEM MY AGE AND MY BIRTH DAY.


Q: WHERE DID YOU GO ONCE YOU GOT INSIDE?


A: TO THE BAR.


Q: WHAT DID YOU DO?


A: WE SAT AT THE BAR AND HAD A DRINK OR TWO.
Q: WOULD YOU ESTIMATE FOR ME HOW LONG YOU WERE AT DAD’S THAT EVENING ON THE 25TH?


A: WELL, THAT NIGHT WE DIDN’T GET THERE UNTIL LATE. IT WAS PROBABLY ABOUT 9:00, 9:30 THAT WE GOT THERE. IT COULD HAVE EVEN BEEN LATER. WE GOT A LATE START THAT NIGHT. AND THEN I BELIEVE WE STAYED UNTIL ABOUT 1:30, 2:00, CLOSING TIME.


Q: NOW, WHILE YOU WERE AT DAD’S, DID YOU HAVE A WATCH ON?


A: YES.


Q: WERE YOU PAYING ATTENTION TO THE TIME?


A: NOT TOO MUCH, NO.


Q: DO YOU RECALL IF THERE WAS A CLOCK ON THE WALL —


A: YES.


Q: — THAT YOU WERE PAYING . . .


WERE YOU PAYING ATTENTION TO THE CLOCK ON THE WALL?


A: NO, NOT THAT NIGHT.


Q: WHAT DID YOU DO WHILE YOU WERE AT DAD’S THAT EVENING?


A: WE HAD A FEW DRINKS. WE DANCED. I DON’T RECALL PLAYING POOL THAT NIGHT. THERE WAS A BAND, SO WE DANCED A LOT.


Q: DID YOU DANCE?


A: YES.


Q: HOW MUCH?


A: A LOT.


Q: WITH WHOM?


A: BARBARA, BRENDA, AND JUST PEOPLE ON THE DANCE FLOOR. THERE WAS A LOT OF PEOPLE THERE.


Q: WAS THERE ANYONE IN PARTICULAR YOU REMEMBER DANCING WITH?


A: THERE WAS ONE PERSON THAT I DANCED WITH, YES. BUT I DON’T KNOW WHO HE IS.


Q: WERE YOU ATTRACTED TO THAT FELLOW?


A: NO. BUT HE DANCED GOOD. WE DANCED GOOD TOGETHER.


Q: HOW LONG DID YOU KEEP DANCING WITH HIM?


A: PROBABLY ABOUT TWO, THREE SONGS.


Q: WHAT DID HE LOOK LIKE, DO YOU REMEMBER?


A: HE HAD BLOND HAIR, AND HE HAD A BLOND BEARD THAT CAME DOWN FAR. AND BARBARA SAID HE WOULD BE CUTE IF HE SHAVED HIS FACE.


Q: ALL RIGHT.


A: I DON’T LIKE BLONDS. BUT HE DANCED GOOD. WE HAD A GOOD DANCE.


Q: ALL RIGHT.


DO YOU KNOW AN INDIVIDUAL BY THE NAME OF DAVID WESTERFIELD, KNOW WHO HE IS?


A: I KNOW WHO HE IS.


Q: WAS HE THERE THAT NIGHT IF YOU CAN RECALL, ON THE 25TH?


A: I DON’T RECALL MEETING HIM, BUT I KNOW THAT HE WAS THERE.


Q: DO YOU SEE HIM IN COURT TODAY?


A: YES. I DO.


Q: POINT HIM OUT.


MR. FELDMAN: OBJECTION. SPECULATION, YOUR HONOR, AND CONCLUSION. NO FOUNDATION.


THE COURT: OVERRULED.
BY MR. DUSEK:


Q: WOULD YOU POINT HIM OUT, PLEASE, AND DESCRIBE WHAT HE’S WEARING TODAY.
A: HE’S SITTING THERE. HE’S GOT A GRAY JACKET ON AND A MAROON TIE AND A WHITE SHIRT.
THE COURT: THE RECORD WILL REFLECT IDENTIFICATION.
BY MR. DUSEK:


Q: DO YOU RECALL WHAT HE WAS DOING THERE ON THE 25TH, IF ANYTHING?


A: NO. I DON’T RECALL MEETING HIM PERSONALLY.


Q: DID YOU DANCE WITH MR. WESTERFIELD THAT EVENING?


A: NO.


Q: DID YOU SEE WHETHER OR NOT BRENDA OR BARBARA DANCED WITH HIM ON THE 25TH?


A: THEY DID DANCE.


Q: DO YOU KNOW IF THEY DANCED WITH MR. WESTERFIELD ON THE 25TH?


A: NO, THEY DID NOT.
Q: HOW MUCH DID YOU HAVE TO DRINK THAT NIGHT?


A: A BIT.
Q: WHAT’S A BIT MEAN?


A: A BOTTLE OF WINE BEFORE WE LEFT, AND THEN I BELIEVE I WAS DRINKING COORS LIGHT WHEN WE GOT THERE. SO. . .


Q: DESCRIBE FOR US WHAT YOUR BELIEF IS YOUR STATE OF INTOXICATION OR SOBRIETY.


A: THAT NIGHT?


Q: THE 25TH.


A: YES. I HAD A BIT TO DRINK. I WAS — I WAS TOASTED.


Q: ALL RIGHT.


HOW WAS IT THAT YOU CAME TO LEAVE THE BAR THAT EVENING?


A: WE JUST DECIDED TO LEAVE. I DON’T RECALL WHETHER IT WAS 2:00 O’CLOCK OR BEFORE CLOSING TIME, BUT WE JUST GOT IN THE CAR AND LEFT.


Q: ANYBODY GO WITH YOU WHEN YOU LEFT?


A: NO.


Q: WHERE DID YOU GO?


A: TO BRENDA’S.


Q: WHAT HAPPENED WHEN YOU GOT BACK TO BRENDA’S?


A: BARB AND I GOT INTO HER CAR AND BRENDA WENT INSIDE, AND WE WENT HOME.


Q: YOU DIDN’T EVEN GO INSIDE THEIR HOUSE THAT EVENING?


A: NO.


Q: AND NO GUYS FOLLOWED YOU HOME?


A: NO.


Q: YOU DIDN’T INVITE ANYBODY BACK TO THE HOUSE THAT EVENING?


A: NO.


Q: AND YOU AND BARBARA THEN WENT BACK TO YOUR RESIDENCES IN TIERRASANTA, IS THAT RIGHT?


A: RIGHT.


Q: DID YOU THEN GET TOGETHER WITH THEM, WITH BOTH BARBARA AND BRENDA THE FOLLOWING WEEKEND?


A: YES, WE DID.


Q: WHEN WERE THE PLANS MADE FOR THAT?


A: THE WEEK PRIOR. JUST MAYBE MONDAY OR TUESDAY. I DON’T REMEMBER THE EXACT DAY. BUT WE DID GO OUT THE FOLLOWING WEEK. I WAS ABLE TO CHANGE MY TRIP SO THAT I COULD GO THE FOLLOWING WEEK TO BALTIMORE.
Q: SO WHICH DAY WERE YOU GOING TO GO TO BALTIMORE?


A: I WAS GOING TO LEAVE — THAT WAS A FRIDAY NIGHT. I WAS GOING TO LEAVE SUNDAY I BELIEVE.


Q: SUNDAY AFTER THIS INCIDENT OCCURRED?


A: YES. BUT THE WEEK PRIOR, THE 25TH, THE FIRST NIGHT WE WENT OUT, I BELIEVE THAT I WAS GOING TO LEAVE THAT SUNDAY AS WELL. AND I MOVED MY TRIP.


Q: WAS THERE ANY DISCUSSION AT ALL ABOUT WHETHER OR NOT BRENDA WOULD BE ABLE TO GO WITH YOU ON THIS SECOND OCCASION, THE 1ST OF FEBRUARY?


A: WE TALKED ABOUT IT. SHE WASN’T SURE IF SHE WAS GOING TO BE ABLE TO GET A SITTER BECAUSE DAMON WAS TAKING DEREK SNOWBOARDING.


Q: EVENTUALLY SHE WAS ABLE TO MAKE ARRANGEMENTS.


A: YES.


Q: WHO WENT TO WHOSE HOUSE ON THE 1ST OF FEBRUARY? HOW DID YOU GUYS GET TOGETHER?


A: BARBARA AND I WENT OVER THERE.


Q: IN WHOSE CAR?


A: IN BARBARA’S CAR.


Q: DO YOU REMEMBER DOING ANY DRINKING AT YOUR PLACE OR BARBARA’S PLACE BEFORE YOU WENT TO THE VAN DAM RESIDENCE?


A: NO, WE DIDN’T. WE MET UP AND WE MET OUTSIDE AND — AND LEFT.


Q: YOU AND BARBARA MET OUTSIDE?


A: YES.


Q: WHAT HAPPENED WHEN YOU GOT TO THE VAN DAM HOME?
A: WE WENT INTO THE KITCHEN.


Q: WHAT WAS GOING ON?


A: BRENDA WAS CLEANING UP FROM DINNER AND ORDERED PIZZA. AND DAMON WAS ON THE COUCH PLAYING VIDEO GAMES.


Q: WITH WHOM?


A: WITH THE BOYS.


Q: AND HOW ABOUT DANIELLE; DID YOU SEE WHAT SHE WAS DOING?


A: SHE WAS IN THE KITCHEN. I WAS ORDERING GIRL SCOUT COOKIES FROM HER.


Q: YOU DID?


A: YES.


Q: DID YOU SIGN THE FORM?


A: YES, I DID.


Q: LET ME SHOW YOU WHAT’S BEEN PREVIOUSLY MARKED AS COURT’S EXHIBIT 34. IT LOOKS LIKE THE GIRL SCOUT COOKIE FORM. ASK YOU TO LOOK AT THAT AND SEE IF YOU CAN FIND YOUR NAME OR YOUR ORDER ON THERE SOME PLACE.


A: YES. IT’S RIGHT THERE IN HER HANDWRITING.


Q: COULD YOU HOLD IT UP SO THE JURY COULD SEE WHERE YOU’RE POINTING.


A: (THE WITNESS COMPLIED.)
Q: WHAT WORD IS WRITTEN IN THERE, YOUR NAME?


A: DENISE KEMAL.


Q: ALL RIGHT.


YOU’VE DONE THAT.


A: AND THE NUMBER OF COOKIES.


Q: HOW MANY DID YOU ORDER?


A: I ORDERED THREE BOXES. NINE DOLLARS. ONE BOX WENT OVERSEAS.


Q: OKAY.


WHO FILLED THIS IN?


A: DANIELLE.


Q: WHAT NEXT HAPPENED, MA’AM, AFTER YOU ORDERED THE COOKIES AND CHATTED WITH HER?


A: WE WENT OUT TO THE GARAGE.


Q: WHAT FOR?


A: BARB AND I SPLIT A BEER. WE SMOKED. AND WE SMOKED POT.


Q: WHEN YOU SAY YOU SMOKED, THAT MEANS SOMETHING OTHER THAN —


A: CIGARETTE.


Q: OKAY.


WHO SMOKED CIGARETTES?


A: BARB AND I.


Q: WHY DO YOU GO IN THE GARAGE TO DO THAT?


A: THERE’S NO SMOKING IN THE HOUSE.


Q: AND THERE WAS MARIJUANA ALSO?


A: YEAH.


Q: DO YOU KNOW WHERE IT CAME FROM?


A: I BELIEVE BARB HAD IT IN HER CIGARETTE PACK.


Q: HOW MANY MARIJUANA CIGARETTES WERE PASSED AROUND OUT THERE?


A: ONE.


Q: WHO WAS SMOKING IT?


A: BRENDA, BARBARA, AND I.


Q: DID ANYONE JOIN YOU WHILE YOU WERE IN THE GARAGE?


A: DAMON CAME OUT BRIEFLY. MAYBE FOR LIKE A MINUTE OR TWO. HE HAD LIKE ONE OR TWO PUFFS AND WENT BACK IN TO PLAY.


Q: DID ANYTHING ELSE HAPPEN WHILE YOU WERE IN THE GARAGE?


A: I RECEIVED A PHONE CALL.


Q: WHAT HAPPENED? TELL US ABOUT THAT.


A: MY PHONE RANG. I ANSWERED IT. BUT I COULDN’T GET SERVICE.


Q: WHAT DO YOU MEAN BY THAT?


A: I COULDN’T — I DIDN’T HAVE A GOOD RECEPTION ON THE CELL. PHONE, SO I WENT OUT THE SIDE DOOR, AND I TOOK A COUPLE STEPS TO THE LEFT, A COUPLE TO THE RIGHT, AND THE CALL DROPPED. SO I WENT BACK INSIDE.


Q: WHAT DO YOU MEAN YOU TOOK A COUPLE STEPS TO THE LEFT AND RIGHT; WHAT WERE YOU TRYING TO DO?


A: I WAS TRYING TO GET SERVICE. MY PHONE DIDN’T HAVE ANY SERVICE.


Q: COULD YOU TELL WHO THE CALL WAS FROM?


A: A FRIEND.


Q: HOW DO YOU KNOW THAT?


A: BECAUSE IT HAD THE NAME ON IT.


Q: WHO WAS THE FRIEND?


A: A FRIEND NAMED GEORGE.


Q: DID YOU EVER SPEAK WITH GEORGE?


A: THAT NIGHT? NO.


Q: WHY NOT? WHAT HAPPENED?


A: I COULDN’T HEAR HIM. I COULDN’T HEAR HIM. AND HE COULDN’T HEAR ME. AND I WAS TRYING TO SAY MY PHONE’S NOT WORKING, SO — AND THEN IT JUST DROPPED. SO I JUST WENT BACK INSIDE.


Q: WHAT DID YOU DO WITH THE DOOR THAT LET YOU OUTSIDE?


A: I SHUT IT BEHIND ME.


Q: DID YOU LOCK IT?


A: NO, I DIDN’T.


Q: FROM THAT POINT ON WHAT DID YOU DO WHILE YOU WERE STILL AT THE HOUSE, MA’AM?


A: WE WENT BACK INSIDE AND CHATTED A LITTLE BIT, AND WE LEFT.


Q: WHO DROVE THIS TIME?


A: BRENDA.


Q: IN WHAT TYPE OF VEHICLE?


A: SHE HAS AN EXPEDITION.


Q: WHERE DID YOU GO?


A: TO DAD’S.


Q: WHEN YOU GOT TO DAD’S ON THE 1ST OF FEBRUARY, DESCRIBE WHAT HAPPENED AS YOU ARRIVED THERE.


A: WE WENT INSIDE AND SPOKE TO THE DOORMAN FOR A WHILE. I SPOKE TO HIM.


Q: DO YOU KNOW THE DOORMAN’S NAME?


A: ELMER.


Q: WHAT DID YOU TALK ABOUT?


A: I HAD SEEN A BLOND GUY STANDING THERE, AND I WASN’T SURE IF IT WAS THE GUY THAT I DANCED WITH THE WEEK BEFORE, AND I DIDN’T WANT TO BE RUDE AND NOT SAY HELLO IF IT WAS HIM. SO I WAS ASKING ELMER IF THAT WAS HIM. AND IT WASN’T.


Q: SO YOU DIDN’T HAVE TO SAY HI?


A: RIGHT.


Q: ONCE YOU GOT PAST THE DOORMAN, WHERE DID YOU GO?


A: TO THE BAR.


Q: WHAT HAPPENED?


A: BARB WAS THERE ALREADY STANDING THERE, AND BRENDA AND I HAD WALKED UP, AND THAT’S WHEN I WAS INTRODUCED TO DAVE.


Q: MR. WESTERFIELD?


A: YES.


Q: WHO DID THAT?


A: BRENDA.


Q: DO YOU RECALL WHAT SHE SAID, HOW THE INTRODUCTIONS WERE MADE?


A: I BELIEVE SHE SAID THIS IS MY NEIGHBOR DAVE. AND I SAID HELLO.


Q: WAS HE WITH ANYONE?


A: YES. HE WAS WITH A FRIEND, A SHORT, ITALIAN-LOOKING GUY. GARRY. HE WAS VERY FRIENDLY; HE WAS NICE.


Q: WHICH ONE?


A: GARRY.


Q: WHO INTRODUCED YOU TO GARRY, DO YOU RECALL?


A: I THINK MR. WESTERFIELD DID.


Q: WHERE WERE THEY LOCATED INSIDE DAD’S?


A: AT THE END OF THE BAR, STANDING AT THE END OF THE BAR.


Q: LET ME SHOW YOU WHAT WE HAD PREVIOUSLY MARKED AS COURT’S EXHIBIT 31, THIS PHOTO DISPLAY BOARD LABELED “DAD’S CAFE AND STEAKHOUSE,” WITH SEVERAL PHOTOGRAPHS ON IT. DO YOU RECOGNIZE WHAT WE HAVE DEPICTED ON THERE, MA’AM?


A: YES.


Q: PHOTOGRAPH A, DOES THAT APPEAR TO BE THE EXTERIOR OF DAD’S?


A: YES.


Q: AND PHOTOGRAPH E, WHAT IS THAT?


A: THAT’S THE SMOKING ROOM.


Q: PHOTOGRAPH B, IT APPEARS TO BE A PANORAMIC SHOT.


A: YES.


Q: WHAT DOES IT SHOW US?


A: THAT’S THE BAR AND THE BAND AND RESTAURANT AREA AND THE FOYER.


Q: DO YOU SEE THE APPROXIMATE LOCATION WHERE THE DEFENDANT WAS WHEN YOU WERE INTRODUCED TO HIM?


A: YES. HE WAS STANDING RIGHT HERE AT THE END OF THE BAR WITH HIS FRIEND.


Q: AND BY THE END OF THE BAR, IT WOULD BE —


A: RIGHT HERE.


Q: — IT WOULD BE THE —


A: THE CORNER.


Q: CLOSEST TO THE CAMERAMAN ON PHOTOGRAPH B?


A: YES.


Q: DO YOU RECALL WHAT YOU WERE DRINKING?


A: ABSOLUT CRANBERRY.


Q: TELL US WHAT ABSOLUT IS.


A: VODKA.


Q: WHO BOUGHT THE DRINKS?


A: I BELIEVE DAVE BOUGHT THE FIRST ROUND.


Q: DESCRIBE THAT FOR US.


A: WE SAT AT THE BAR, AND HE CAME OVER AND MENTIONED HOW WOMEN SHOULDN’T BUY THEIR DRINKS, SOMETHING TO THAT EFFECT, AND HE BOUGHT US A ROUND.


Q: HOW DID YOU DO THAT; HOW DID HE PAY FOR IT?


A: HE KIND OF FLASHED HIS MONEY OUT LIKE HE HAD A LOT OF MONEY OR SOMETHING. AND I THOUGHT, YOU KNOW, YOU KNOW, . . .
BUT HE JUST FLASHED HIS MONEY OUT, SAID OH, I’LL PAY FOR THEM.


Q: ONCE HE BOUGHT THE ROUND OF DRINKS, WHAT DID YOU AND YOUR GIRL FRIENDS DO?


A: WE SAT TOGETHER AT THE BAR TALKING.


Q: WAS MR. WESTERFIELD INCLUDED IN THAT CONVERSATION?


A: NO.


Q: WHAT WAS HE DOING?


A: HE WAS STANDING ON THE SIDE. HE WAS VERY QUIET AND WEIRD. HE WAS CREEPY. HE DIDN’T TALK AT ALL.


MR. FELDMAN: OBJECTION, YOUR HONOR.


THE WITNESS: HE CAME OVER AND BOUGHT US A DRINK.


THE COURT: AS TO THE CHARACTERIZATION, SUSTAINED.


THE JURY IS TO DISREGARD THE CHARACTERIZATION.


MR. FELDMAN: I’M SORRY. THERE WAS MORE THAN ON CHARACTERIZATION.


THE COURT: MULTIPLE CHARACTERIZATIONS.


MR. FELDMAN: THANK YOU.


THE COURT: ALL RIGHT.
BY MR. DUSEK:


Q: DID HE PARTICIPATE IN A CONVERSATION?


A: NO, HE DID NOT.


Q: DID ANYBODY ELSE JOIN YOU AT THE BAR THAT EVENING?


A: SHORTLY AFTER RICH AND KEITH CAME.


Q: WHO ARE THEY?


A: RICH IS A FRIEND OF BRENDA AND DAMON’S FOR A LONG TIME. HIM AND HIS WIFE LIZ. AND KEITH IS HIS BROTHER-IN-LAW.


Q: DID YOU KNOW THEM PRIOR TO THAT EVENING?


A: I HAD MET RICH BEFORE.


Q: HOW ABOUT KEITH; DID YOU KNOW HIM BEFORE?


A: I MET HIM THAT NIGHT.


Q: WHAT HAPPENED WHEN RICH AND KEITH SHOW UP?


A: THEY COME IN AND STAND NEAR US, AND WE TALK.


Q: WHAT ABOUT MR. WESTERFIELD; WAS HE PART OF THAT CONVERSATION?


A: NO, HE WAS NOT.


Q: WAS HE INCLUDED IN THAT GROUP?


A: NO, HE WAS NOT.
Q: EVEN THOUGH HE JUST BOUGHT YOU A ROUND OF DRINKS?


A: RIGHT.


Q: WHAT’S THE NEXT THING THAT YOU REMEMBER HAPPENING?


A: BARB AND I GOT CONCERNED BECAUSE THERE WERE KIDS ON THE DANCE FLOOR, AND IT WAS — IT WAS GETTING LATE.


Q: WHAT DO YOU MEAN BY LATE?


A: WELL, IT WAS AFTER 9:00. IT WAS PROBABLY ABOUT A QUARTER AFTER 9:00, TEN AFTER 9:00. AND THERE WERE STILL KIDS ON THE DANCE FLOOR. THE BAND HADN’T STARTED YET.


Q: WHAT DO YOU MEAN BY KIDS, AGE GROUP?


A: SEVEN. I DON’T KNOW.


Q: WHY DID THAT CONCERN YOU?


A: BECAUSE IT’S A BAR, AND I DON’T BELIEVE IT’S THE PLACE FOR CHILDREN.


Q: DID YOU DO SOMETHING ABOUT THAT?


A: YES. WE WENT UP TO ELMER, THE DOORMAN, AND WE ASKED HIM WHAT TIME THE KIDS WOULD BE GONE AND WHAT TIME THE BAND WOULD START. AND HE SAID THAT ONCE THE BAND STARTED, THEY WOULD HAVE THE KIDS GO OUT. AND THE BAND STARTED AT 10:00.


Q: ON THIS OCCASION, THE 1ST OF FEBRUARY, ARE YOU ABLE TO ESTIMATE WHETHER YOU GOT THERE EARLIER OR LATER THAN THE FIRST TIME?


A: MUCH EARLIER ‘CAUSE THERE WERE FAMILIES IN THERE WITH THEIR KIDS. IT WAS ABOUT 8:15, 8:20 WHEN WE ARRIVED THIS NIGHT.


Q: WERE THEY STILL SERVING MEALS WHEN YOU GOT THERE?


A: WE DIDN’T ORDER A MEAL. I DON’T RECALL.


Q: DO YOU KNOW IF THE RESTAURANT WAS STILL SERVING?


A: I BELIEVE SO.


Q: ONCE YOU HAD THE CONVERSATION WITH ELMER ABOUT THE YOUNG KIDS, DID YOU GUYS DO SOMETHING?


A: YEAH. WE WENT BACK TO THE BAR, AND WE TALKED FOR A LITTLE BIT, AND THEN WE DECIDED TO GO PLAY POOL.


Q: WHERE’S THE POOL ROOM?


A: IT’S JUST AROUND FROM THE BAR ON THE OTHER SIDE. IT’S THE BAR, THE DANCE FLOOR, AND THEN THE POOL ROOM.


Q: LET ME ASK YOU AGAIN TO LOOK AT EXHIBIT 31 BEHIND YOU. DO YOU SEE THE AREA WHERE THE POOL TABLES ARE IN ANY OF THOSE PHOTOGRAPHS?


A: YES, I DO.


Q: WHICH LETTER?


A: D. D.


Q: WHO ALL WENT TO PLAY POOL?


A: BRENDA, BARB, AND I, RICH, KEITH, AND GARRY.


Q: GARRY WAS WHO?


A: DAVE’S FRIEND.


Q: HOW WERE THE TEAMS BROKEN UP?


A: BARBARA AND KEITH AND RICH WENT TO THE FAR TABLE, AND THEY PLAYED. I DON’T THINK RICH PLAYED. I THINK HE WATCHED. AND GARRY, BRENDA, AND I PLAYED ON THE FIRST TABLE.


Q: JUST THE THREE OF YOU ON THE FIRST TABLE?


A: NO. WHEN WE GOT OVER THERE, I SAW A MAN STANDING THERE, A GUY WITH BLOND HAIR AND GLASSES. AND HE JUST HAPPENED TO BE STANDING THERE BY THE POLE. AND I SAID WE’RE GOING TO PLAY DOUBLES. WOULD YOU LIKE TO PLAY; WE NEED ONE MORE PLAYER. AND HE SAID YEAH, SURE. SO I INTRODUCED HIM TO BRENDA. HE SAID HIS NAME WAS — I FORGOT HIS NAME. KEN? I DON’T REMEMBER. BUT I INTRODUCED HIM TO BRENDA AND TO GARRY. THEY SHOOK HANDS AND SAID HELLO.


Q: WAS THE NAME JEFF?


A: JEFF. THAT’S IT.


AND THEY DIDN’T KNOW EACH OTHER TO MY KNOWLEDGE.


Q: SO YOU WERE WITH BRENDA AND GARRY AND JEFF ON ONE
TABLE —


A: YES.


Q: — PLAYING POOL, —


A: M-HM.


Q: — AND BARBARA AND KEITH WERE ON THE SECOND TABLE PLAYING.


A: RIGHT.


Q: DID YOU SEE MR. WESTERFIELD AROUND WHILE YOU GUYS WERE PLAYING POOL?


A: DURING THE COURSE OF THE GAME AT SOME POINT I TURNED AROUND, AND I SAW HIM KIND OF LEANING ON THIS HALF-PARTITION OF A WALL, JUST LOOKING AND STARING. AND I THOUGHT TO MYSELF, WOW, THAT’S CREEPY THAT HE’S JUST STANDING THERE WATCHING.


Q: DO YOU SEE THAT PARTITION OR THAT HALF-WALL THAT YOU MENTIONED?


A: YES, I DO.


Q: WE HAVE THIS POINTER HERE. ARE YOU ABLE TO SEE IT IN ANY OF THESE SHOTS? DID WE INCLUDE IT?


A: IF YOU LOOK CLOSELY THROUGH HERE, THIS IS WHERE THE HALF-PARTITION IS, AND HE WAS STANDING ON THE OTHER SIDE OF IT, NOT IN THE BAR AREA, THE RESTAURANT AREA, BUT ON THE OTHER SIDE, WHICH WOULD BE RIGHT BEHIND THIS FOOZ BALL TABLE. RIGHT ON THAT HALF-PARTITION OF A WALL.


Q: FOOZ BALL TABLE APPEARS TO BE IN PHOTOGRAPH D. CORRECT?


A: UH-HUH. AND THE PARTITION IS OVER HERE. AND THAT IS WHERE HE WAS STANDING. HE WAS LEANING ON THAT WALL.


Q: AND WHERE YOU INDICATED RIGHT NOW IS TO THE LEFT OF PHOTOGRAPH D IS WHERE THE HALF-WALL WAS.


A: YES.


Q: AND THE FIRST PLACE YOU INDICATED WAS IN PHOTOGRAPH B TO AN AREA — AND TO SAVE YOU TIME, YOUR POINTER IS ON IT RIGHT NOW.


A: YES.


Q: HOW ABOUT IF I CIRCLE THAT IN RED.


A: OKAY.


Q: (MR. DUSEK COMPLIED.)
DID I CIRCLE THE APPROPRIATE AREA?


A: YES, YOU DID.


Q: ARE YOU ABLE TO ESTIMATE HOW MANY GAMES YOU PLAYED?


A: ABOUT THREE OR FOUR.


Q: WHO WON?


A: JEFF AND I WON THE FIRST TWO, AND GARRY AND BRENDA WON THE LAST GAME I THINK.


Q: WERE YOU ANY GOOD?


A: I LIKE TO PLAY.


Q: DO YOU KNOW IF MR. WESTERFIELD REMAINED THERE WATCHING THE ENTIRE TIME YOU GUYS WERE PLAYING POOL?


A: AFTER I SAW HIM LEANING ON THE WALL, I DIDN’T PAY TOO MUCH ATTENTION TO HIM. HE DID STAND THERE AND WATCH FOR A WHILE. AFTER THE BAND HAD STARTED, HE WAS — IT WAS AFTER THE BAND STARTED THAT I NOTICED HIM STANDING THERE. AND THEN I REALLY DIDN’T PAY TOO MUCH ATTENTION TO HIM. SO I DIDN’T NOTICE.


Q: ONCE YOU GUYS FINISHED PLAYING POOL, WAS THE BAND PLAYING OR NOT BY THAT TIME?


A: YES.


Q: WHAT DID YOU GUYS DO?


A: WENT BACK TO THE BAR. NO, WE DIDN’T. SORRY.


Q: WHAT DID YOU DO?


A: WE LEFT THE POOL TABLES, AND WE WENT OUT TO THE CAR.


Q: BRENDA’S CAR?


A: YES.


Q: WHERE WAS IT PARKED?


A: IN THE BACK.


Q: WHO ALL WENT OUT THERE?


A: BARBARA, BRENDA, KEITH, RICH, AND I.


Q: WHERE DID YOU GO?


A: I SAT IN THE MIDDLE OF THE TRUCK ON THE HUMP THERE.


Q: IN THE PASSENGER PART OF THE EXCURSION?


A: NO. BARBARA SAT IN THE PASSENGER SEAT. I SAT IN THE MIDDLE HUMP BIT, AND BRENDA SAT IN THE DRIVER’S SEAT.


Q: WHAT DID YOU START DOING OUT THERE?


A: WE SMOKED, AND WE LISTENED TO MUSIC AND SANG.


Q: DO YOU KNOW WHO WAS PLAYING?


A: MACY GRAY.


Q: WHO’S THAT?


A: IT’S A SINGER, ARTIST.


Q: ANYTHING ELSE GO ON WHILE YOU GUYS WERE SINGING?


A: JUST TALKING AND, YOU KNOW, WE SMOKED.


Q: SMOKE MARIJUANA?


A: UH-HUH.


Q: WHERE DID THAT COME FROM?


A: BARB’S CIGARETTE PACK. IT’S THE SAME ONE FROM THE EARLIER. WE KIND OF JUST WOULD LIGHT IT, PASS IT AROUND, AND THEN PUT IT OUT, SAVE IT FOR LATER, PASS IT AROUND AGAIN. WE KIND OF HELD ONTO IT FOR A WHILE.


Q: HOW BIG WAS THIS CIGARETTE?


A: JUST LITTLE. LIKE SMALLER THAN A REGULAR CIGARETTE.


Q: WHERE WERE RICH AND KEITH LOCATED OUTSIDE?


A: RICH WAS STANDING BY THE — BY BRENDA, BY THE WINDOW. HE WAS OUTSIDE STANDING.


Q: THAT WOULD BE ON THE DRIVER’S SIDE?


A: YES. AND KEITH WAS ON THE PASSENGER SIDE TALKING TO BARB.


Q: DID YOU SEE WHAT THEY WERE DOING OVER THERE?


A: TALKING.


Q: DID YOU SEE ANYTHING ELSE?


A: NO. JUST TALKING OUT THE WINDOW. I’M NOT SURE. I WASN’T PAYING TOO MUCH ATTENTION TO THEM. I KNOW THEY WERE TALKING.


Q: DID YOU SEE THEM DO ANY KISSING?


A: I DIDN’T.


Q: WHAT HAPPENED WHEN YOU GUYS WERE DONE IN THE PARKING LOT?


A: WE WENT BACK INSIDE.


Q: WHAT YOU GUYS DO?


A: I WENT TO THE BAR, ORDERED A DRINK. AND A WATER. I KNOW WE HAD WATER. AND THAT’S IT. WE HUNG OUT AT THE BAR.


Q: WAS THERE ANY DANCING GOING ON?


A: YES.


Q: DID YOU DO ANY DANCING?


A: I DIDN’T DANCE THAT NIGHT. I WASN’T — I MAY HAVE DANCED A LITTLE BIT STANDING AT THE BAR EARLIER THAT NIGHT, BUT I JUST STAYED AT THE BAR AND WATCHED THEM DANCE.


Q: SOUNDS LIKE YOU WERE DANCING QUITE A BIT THE WEEK BEFORE.
A: THE WEEK BEFORE, YES, I WAS.


Q: WHY NOT SO MUCH THIS TIME?


A: I WASN’T IN THE MOOD.


Q: HOW ABOUT BRENDA OR BARBARA; WERE THEY DANCING?


A: YES.


Q: WITH WHOM?


A: RICH AND KEITH.


Q: WERE YOU AWARE OF THE DEFENDANT BEING IN THE BAR AREA, THE DANCING AREA, WHEN YOU RETURNED?


A: YES.


Q: WHAT WAS HE DOING?


A: NOTHING. STANDING THERE BY HIMSELF, JUST STANDING THERE.


Q: HOW ABOUT HIS FRIEND GARRY; WAS GARRY STILL AROUND?


A: I DON’T RECALL.
Q: DID YOU SEE ANYBODY DANCE WITH GARRY?


A: NO.


Q: DID YOU SEE MR. WESTERFIELD DANCE WITH ANYBODY?


A: I BELIEVE HE DANCED WITH BARB SHORTLY.


Q: WHAT DO YOU MEAN SHORTLY?


A: HE DIDN’T EVEN LAST A SONG. HE JUST — HE WENT OUT THERE, DANCED MAYBE A MINUTE OR TWO, AND THEN HE WALKED OFF.


Q: DID YOU DANCE WITH THE DEFENDANT?


A: NO, I DID NOT.


Q: DID YOU SEE BRENDA DANCE WITH THE DEFENDANT?


A: NO.


Q: WERE THERE OTHER PEOPLE DANCING?


A: YES.


Q: HOW FULL WAS THE DANCE FLOOR?


A: IT WAS PRETTY FULL. YEAH.


Q: WERE THERE TIMES WHEN GIRLS WERE DANCING WITH GIRLS?


A: YEAH.


Q: IN YOUR GROUP?


A: YES.


Q: HOW ABOUT WERE OTHER LADIES WHO WERE IN THE BAR, WERE THEY DANCING WITH GIRLS ALSO?


A: YES.


Q: DID THERE COME A TIME AT DAD’S THAT EVENING WHEN YOU BECAME AWARE THAT MR. WESTERFIELD WAS NO LONGER AROUND?


A: LATER ON THAT EVENING I HEARD THAT HE WAS — HE HAD LEFT.


MR. BOYCE: OBJECTION. HEARSAY.


THE COURT: SUSTAINED.


IT APPEARS NOT TO BE HER PERSONAL KNOWLEDGE.


NEXT QUESTION.
BY MR. DUSEK:


Q: WHEN YOU HEARD WHATEVER IT WAS YOU HEARD, DID YOU SEE MR. WESTERFIELD AFTER THAT?


A: NO.


Q: ABOUT WHAT TIME WAS THAT? CAN YOU ESTIMATE FOR US OR NOT?


A: ABOUT — PROBABLY ABOUT 11:15.


Q: HOW LONG WOULD YOU SAY YOU STAYED THERE AT DAD’S?


A: THE LIGHTS CAME ON AT TEN TO 2:00. ONE OF THE GUYS CAME OUT AND SAID IT’S LAST CALL. SO WE LEFT.


Q: WHERE WERE YOU WHEN THE LIGHTS WENT ON?


A: IN THE SMOKING ROOM.


Q: IS THAT DEPICTED IN EXHIBIT 31 BEHIND YOU?


A: YES. IT’S LETTER E.


Q: WHAT WERE YOU SMOKING THERE?


A: WE WERE AT THIS TABLE HERE.


Q: IN THE LOWER RIGHT-HAND SIDE CORNER OF PHOTOGRAPH E?


A: YES.


Q: WHAT WERE YOU SMOKING?


A: CIGARETTES.


Q: ALL RIGHT.
MR. DUSEK: I THINK SHE WAS POINTING TO THE LOWER RIGHT-HAND CORNER.
BY MR. DUSEK:


Q: DID I SAY THAT RIGHT? THE TABLE YOU WERE POINTING
TO, —


A: IF I’M TURNING THIS WAY, IT’S THE LOWER LEFT-HAND CORNER FOR ME. IT’S RIGHT THERE.


Q: ON THE PHOTOGRAPH AS WE LOOK AT IT, IT’S ON THE RIGHT-HAND SIDE?


A: IT’S ON THE LEFT-HAND SIDE. THIS TABLE RIGHT HERE. DOWN HERE. IF I’M FACING THIS WAY, —


MR. FELDMAN: YOUR HONOR, FOR THE RECORD, —


THE WITNESS: I’M POINTING TO IT.


MR. DUSEK: CAN YOU CIRCLE IT.


THE COURT: LET’S ALL STOP. BOB’S GOT ENOUGH GRAY HAIR. HE ISN’T GOING TO SURVIVE THREE OF YOU TALKING AT THE SAME TIME.


MA’AM, YOU ARE GOING TO APPROACH THE DIAGRAM, AND HE IS GOING TO GIVE YOU SOMETHING TO MARK WITH IT, AND WE WILL GET THIS ALL STRAIGHTENED AWAY.
BY MR. DUSEK:


Q: I HAVE GIVEN YOU THE RED FELT PEN. GO CIRCLE THE TABLE YOU WERE AT IF YOU WOULD.


A: (THE WITNESS COMPLIED.)
Q: IT’S ON THE LOWER LEFT-HAND CORNER. THANK YOU.


A: THANK YOU.


Q: DESCRIBE HOW YOU FOLKS GATHERED UP AND LEFT DAD’S.


A: AFTER THEY CALLED LAST CALL, WE SAID OKAY, LET’S LEAVE. BARB AND I WERE STILL SMOKING OUR CIGARETTES, SO BRENDA SAID SHE WOULD GO GET THE CAR AND BRING IT AROUND.


Q: DID YOU INVITE ANYBODY BACK TO THE VAN DAM HOME?


A: NO.


Q: DID YOU HEAR ANYBODY ELSE IN YOUR GROUP INVITE ANYONE BACK TO THE VAN DAM —


MR. FELDMAN: OBJECTION. CALLS FOR HEARSAY.


THE WITNESS: NO.


THE COURT: OVERRULED.


THE ANSWER WAS NO.
BY MR. DUSEK:


Q: DESCRIBE WHAT HAPPENED WHEN BRENDA GOT HER CAR UP TO WHERE YOU GUYS WERE.


A: SHE WAVED FOR US TO COME OUT THROUGH THE WINDOW. WE CAME OUT, AND WE LEFT.


Q: DID YOU GO IMMEDIATELY HOME?


A: WE HAD TO TURN AROUND SHORTLY AFTER WE LEFT TO GO BACK BECAUSE BARBARA FORGOT HER CIGARETTES.


Q: DID YOU DO THAT THEN?


A: YES. WE TURNED AROUND AND WENT RIGHT BACK.


Q: AND AFTER THAT RETURN TO DAD’S, THEN WHERE DID YOU GO?


A: TO BRENDA’S.


Q: DESCRIBE WHAT HAPPENED WHEN YOU GOT IMMEDIATELY TO BRENDA’S HOUSE.


A: WE WENT INSIDE, AND I BELIEVE WE HAD TO GO TO THE BATHROOM, SO WE WENT IN THE FRONT DOOR, AND WE WENT DIRECTLY UPSTAIRS.


Q: WHO ALL WENT BACK TO THE VAN DAM HOME?


A: BRENDA, BARBARA, AND I. AND THEN SHORTLY AFTER RICH AND KEITH CAME.


Q: THEY WERE THE TWO FELLOWS FROM THE —


A: RIGHT.


Q: — DAD’S?


DO YOU KNOW WHERE THEY PARKED AT THE VAN DAM HOME?


A: NO.
Q: WHEN YOU ENTERED THE VAN DAM HOME, DO YOU RECALL IF THERE WERE ANY LIGHTS ON INSIDE?


A: THERE HAD TO BE A LIGHT ON BECAUSE IT WASN’T PITCH DARK WHEN WE WENT IN THE FRONT DOOR. I DON’T RECALL WHICH LIGHT IT WAS THAT WAS ON. IT COULD HAVE BEEN THE LIVING ROOM OR THE KITCHEN.


Q: AND YOU DID WHAT WHEN YOU ENTERED THE RESIDENCE?


A: WE CAME IN, AND WE WENT DIRECTLY UPSTAIRS.


Q: WHO’S WE?


A: BRENDA, ME, AND BARBARA.


Q: WHAT HAPPENED UPSTAIRS?


A: WE WENT STRAIGHT UPSTAIRS INTO BRENDA’S BEDROOM. BRENDA AND I WENT TO THE LEFT AND WENT TO THE BATHROOM ONE AT A TIME. AND BARBARA WENT OVER TO THE BED.


Q: DID YOU SEE WHAT SHE DID OVER THERE?


A: SHE JUST LAID ACROSS IT AND WAS TALKING TO DAMON.


Q: AFTER YOU AND BRENDA COMPLETED YOUR BATHROOM DUTIES, WHERE DID YOU GO?


A: DOWNSTAIRS.


Q: WHAT HAPPENED TO BARBARA?


A: SHE STAYED UP THERE.


Q: DID YOU ACTUALLY SEE HER?


A: YES.


Q: WAS SHE UNDER THE COVERS OR ON TOP?


A: ON TOP.


Q: WHAT HAPPENED WHEN YOU GOT DOWNSTAIRS?


A: WENT INTO THE KITCHEN TO GET PIZZA. I STARTED HEATING THE PIZZA UP. AND — OH, NO. I’M SORRY. WE WENT DOWNSTAIRS, AND BRENDA SAID THE LIGHT WAS ON. ONE OF THE DOORS WAS OPEN.


Q: WHAT LIGHT?


A: SO WE STARTED LOOKING AROUND, AND WE WENT RIGHT INTO THE GARAGE.


Q: WHO’S WE?


A: BRENDA AND I.


Q: WHAT DID YOU SEE IN THE GARAGE?


A: THE SIDE DOOR WAS OPEN.


Q: WHO HAD LAST USED THAT SIDE DOOR AS FAR AS YOU KNEW?


A: I DID.


Q: AND HOW OPEN WAS IT?


A: IT WAS WIDE OPEN.


Q: WHAT DID YOU DO?


A: CLOSED IT.


Q: DO YOU KNOW IF YOU LOCKED IT AT THAT POINT OR EITHER YOU —


A: I THINK BRENDA DID.


Q: THEN WHAT?


A: WE WENT INTO THE KITCHEN AND STARTED HEATING UP THE PIZZA.
Q: WHOSE IDEA WAS IT TO GET THE FOOD?


A: ME.


Q: WHY?


A: I WAS HUNGRY. I KNEW I NEEDED TO EAT OR I MIGHT HAVE BEEN SICK. SO I WANTED TO EAT AND LEAVE, WHICH IS EXACTLY WHAT I DID, —


Q: WHAT KIND —


A: — HEATED THE PIZZA. I ATE IT, AND WE LEFT.


Q: WHAT KIND OF FOOD WAS AVAILABLE?


A: PIZZA.


Q: AND WHO WARMED IT UP?


A: I DID.


Q: WHERE DID YOU GUYS EAT IT?


A: I WARMED UP TWO PIECES, AND I GAVE IT TO RICH AND KEITH WHO WERE SITTING IN THE LIVING ROOM. AND THEN I WENT IN AND HEATED MINE UP. AND THEN WE ATE IN THE KITCHEN.


Q: WHO ALL ATE IN THE KITCHEN?


A: RICH, KEITH, ME AND BRENDA AND BARBARA AND DAMON.


Q: HOW WAS IT OR WHEN WAS IT THAT BARBARA AND DAMON CAME DOWNSTAIRS?


A: SHORTLY AFTER I — I RECALL SEEING HIM WHEN WE WERE IN THE GARAGE TO CLOSE THE DOOR. I REMEMBER TURNING AROUND AND SEEING DAMON STANDING IN THE DOORWAY THERE TO THE HOUSE. IT WAS SHORTLY AFTER WE CAME DOWNSTAIRS. IT WAS RIGHT AFTER WE CAME DOWNSTAIRS.


Q: WAS HE WITH YOU WHEN YOU GUYS WERE EATING THE PIZZA?


A: I DON’T RECALL SEEING HIM THERE, BUT I AM SURE THAT HE WAS. I JUST —


MR. BOYCE: OBJECTION. SPECULATION.
THE COURT: SUSTAINED AT THIS POINT.


THE WITNESS: I ATE —


THE COURT: MA’AM, WHEN YOU HEAR THE WORD OBJECTION, THAT’S MY CUE TO GET INVOLVED. YOU DON’T NEED TO GO ANY FURTHER.


NEXT QUESTION.
BY MR. DUSEK:


Q: WERE ANY BEVERAGES BEING SERVED WITH THE FOOD?


A: NO.


Q: DID YOU HAVE ANYTHING TO DRINK?


A: NO.


Q: DID YOU SEE ANYBODY ELSE DRINK ANYTHING IN THE HOUSE?


A: NO.


Q: HOW LONG WOULD YOU SAY YOU GUYS WERE EATING THE FOOD?


A: WE WERE THERE ABOUT A TOTAL OF TWENTY MINUTES, AND WE LEFT.

Q: HOW DID IT COME ABOUT THAT YOU LEFT?


A: I SAID LET’S GO. I WANTED TO GO HOME.


Q: WHO DID YOU SAY THAT TO?


A: BARBARA.


Q: WHAT HAPPENED ONCE YOU TOLD HER?


A: SHE SAID OKAY. I SAID I WANT TO EAT AND LEAVE. I WANT TO EAT AND RUN.


Q: DID YOU?


A: YEAH.


Q: ANYBODY WALK YOU TO THE DOOR?


A: BRENDA WALKED US TO THE DOOR.


Q: AND THEN WHO LEFT WITH YOU?


A: BARBARA.


Q: WHEN YOU LEFT THAT HOUSE, DID YOU TAKE DANIELLE WITH YOU?


A: NO, I DID NOT.


Q: DID BARBARA TAKE HER WITH YOU?


A: NO.


Q: FROM THEIR HOUSE WHERE DID YOU GO, MA’AM?


A: HOME.


Q: WHICH IS TIERRASANTA?


A: M-HM.


Q: IS THAT A YES?


A: YES, IT IS.


Q: DO YOU KNOW WHAT TIME YOU GOT HOME?


A: IT WAS 2:36 ‘CAUSE I LOOKED SPECIFICALLY AT BARB’S CLOCK IN HER CAR WHEN WE PULLED IN. IT SAID 2:36.


Q: WHERE DID YOU GO ONCE YOU GOT OUT OF HER CAR?


A: I WENT INTO MY HOUSE, AND SHE WENT INTO HERS.


Q: WHEN WAS THE NEXT TIME — BACK AT THE VAN DAM RESIDENCE WHEN YOU WERE HAVING THE PIZZA, DO YOU RECALL THE DOG BEING AROUND?


A: I DON’T.


Q: WHEN DID YOU BECOME AWARE THAT SOMETHING HAD HAPPENED AT THE VAN DAM HOME?


A: THE FOLLOWING DAY.


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


THE COURT: OVERRULED.
BY MR. DUSEK:


Q: ABOUT WHAT TIME THE NEXT DAY, MA’AM?


A: EARLY AFTERNOON.


Q: HOW DID YOU BECOME AWARE?


A: DAMON CALLED AND TOLD ME DANIELLE WAS MISSING AND THE DETECTIVES WERE THERE AND WANTED TO TALK TO ME ABOUT THE SIDE DOOR.


Q: SO WHAT DID YOU DO?


A: I WENT DIRECTLY OVER THERE.


Q: ARE YOU ABLE TO ESTIMATE, IF AT ALL, ABOUT WHAT TIME YOU ARRIVED BACK AT THEIR NEIGHBORHOOD?


A: MAYBE AROUND 2:30, 3:00. I DON’T RECALL.


Q: WERE YOU KEEPING —


A: I SHORTLY WENT TO GIVE A STATEMENT, SO IT WOULD BE JUST PRIOR TO STARTING THAT STATEMENT AT THE STATION.


Q: DO YOU RECALL WHERE YOU PARKED?


A: YES. WE PARKED UP THE STREET BECAUSE THEY HAD IT BARRICADED OFF SO —


Q: WHEN YOU —


A: — WE PARKED UP THE ROAD.


Q: WHEN YOU SAY WE, WHO ARE YOU TALKING ABOUT?


A: ANDY AND I.
Q: WERE YOU MARRIED AT THE TIME OR SEPARATED?


A: SEPARATED, BUT. . .


Q: WHO DROVE BACK, YOU OR ANDY?


A: ANDY WAS DRIVING.


Q: WHEN YOU PARKED, DID YOU HAVE TO GO BY THE WESTERFIELD RESIDENCE?


A: YES.


Q: DID YOU SEE ANYBODY THERE?


A: YES. AS I WAS WALKING DOWN THE STREET TO BRENDA’S, I SAW DAVE STANDING ACROSS THE STREET FROM HIS HOUSE ON THE SIDEWALK. AND HE SAID HEY. AND I SAID HEY. AND HE SAID I CAN’T BELIEVE WHAT HAPPENED. I SAID YEAH, I KNOW. I’M GOING THERE NOW. AND HE SAID, WELL, I LEFT AT 9:00 O’CLOCK. AND I KIND OF WALKED DOWN THE STREET, KIND OF LIKE IN A CURVE, AND THEN KEPT WALKING. I DIDN’T STOP. I JUST KIND OF TALKED AS I WAS WALKING.


Q: HE SAID HE HAD LEFT AT 9:00 O’CLOCK?


A: M-HM.


Q: IS THAT A YES?


A: YES.


Q: ABOUT WHAT TIME DID YOU LAST SEE HIM AT DAD’S?


A: WELL, THE BAND DIDN’T START UNTIL 10:00. AND IT WAS AFTER THAT THAT I NOTICED HIM STANDING ON THE — LEANING ON THAT WALL. SO HE COULDN’T HAVE LEFT AT 9:00 O’CLOCK.


MR. DUSEK: THANK YOU, MA’AM.


I HAVE NO FURTHER QUESTIONS.


THE COURT: CROSS-EXAMINATION.


CROSS-EXAMINATION
BY MR. FELDMAN:


Q: GOOD MORNING.


A: GOOD MORNING.


Q: MA’AM, BEFORE COMING TO COURT TODAY DID YOU DO ANYTHING TO REFRESH YOUR RECOLLECTION ABOUT THE EVENTS?


A: NO.


Q: DIDN’T READ ANY REPORTS?


A: I HAVE THE REPORT THAT I READ LAST NIGHT.


Q: ALL RIGHT.


DID YOU READ ANY TRANSCRIPTS OF STATEMENTS THAT YOU’VE MADE?


A: I READ LAST NIGHT, YES.


Q: HOW MANY DIFFERENT REPORTS DO YOU THINK YOU READ LAST NIGHT?


A: TWO.


Q: ABOUT HOW MUCH WOULD YOU ESTIMATE THE NUMBER OF PAGES YOU READ WAS?


A: MAYBE SIXTY. IF THAT.


Q: SIXTY?


A: MAYBE.


Q: DO YOU RECALL HOW MANY DIFFERENT TIMES YOU TALKED TO THE POLICE BEFORE YOU CAME TO COURT CONCERNING THE SUBJECT MATTER OF YOUR TESTIMONY, MA’AM?


A: I WENT TO THE POLICE STATION THE FOLLOWING DAY.


Q: I’M SORRY. WHEN YOU SAY THE FOLLOWING DAY, WHAT —


A: THE 2ND.


Q: THANK YOU.


A: AND THEN I BELIEVE I SPOKE TO THE SAME DETECTIVE AGAIN ONE MORE TIME. AND THEN I ALSO, WHEN THEY CHANGED IT TO DOWNTOWN, I SPOKE TO ANOTHER DETECTIVE THERE. SO THREE.


Q: SO YOU TALKED INITIALLY TWICE TO THE SAME DETECTIVE, IS THAT RIGHT, MA’AM?


A: YES.


Q: AND DO YOU REMEMBER THE NAME GRBAC, IS THAT —


A: YES, THAT’S HIM.


Q: ALL RIGHT.


SO YOU KNOW WHO GRBAC IS ANYWAY?


A: YES.


Q: AND YOU KNOW THAT MR. GRBAC WAS TAPE-RECORDING YOUR STATEMENTS, IS THAT RIGHT?


A: YES, I DO.


Q: AND MR. GRBAC, WHEN HE TALKED TO YOU, HE TOLD YOU IT WAS VERY IMPORTANT THAT YOU TELL HIM THE TRUTH, RIGHT?


A: YES, HE DID.


Q: HE TOLD YOU IT WAS VERY IMPORTANT THAT YOU NOT LEAVE ANY DETAILS OUT, ISN’T THAT RIGHT?


A: YES.


Q: HE TOLD YOU IT WAS VERY IMPORTANT THAT LAW ENFORCEMENT LEARNED EVERYBODY WHO HAD BEEN IN THE VAN DAM RESIDENCE, ISN’T THAT TRUE?


A: YES.


Q: HE ALSO INDICATED TO YOU, DID HE NOT, THAT IT WAS HIS BELIEF THAT SOMEONE —


MR. DUSEK: OBJECTION. HEARSAY.


THE COURT: I BELIEVE I KNOW WHERE YOU’RE HEADED. SUSTAINED.
BY MR. FELDMAN:


Q: DID YOU TELL SOMEBODY THAT IT WAS YOUR VIEW THAT IT MUST HAVE BEEN SOMEBODY WHO WAS FAMILIAR WITH THE INSIDE OF THE RESIDENCE?


MR. DUSEK: OBJECTION. SPECULATION.


THE COURT: SUSTAINED AT THIS POINT IN TIME.
BY MR. FELDMAN:


Q: THE DOG THAT YOU MENTIONED, ISN’T IT TRUE THE DOG WAS JUMPING ON YOU, MA’AM?


A: THE DOG USUALLY DID JUMP ON ME, YES.


Q: SO IS IT THE CASE THAT JUST ON A PARTICULAR OCCASION THE DOG DID NOT JUMP?


A: NO. I JUST DON’T RECALL THAT NIGHT HIM JUMPING — HER JUMPING ON ME.


Q: YOU TOLD US THAT ON ONE OF THE OCCASIONS YOU HAD GONE TO THE POLICE DEPARTMENT. I GUESS THAT SWITCHED DOWNTOWN AS YOU PUT IT. DO YOU REMEMBER TELLING THAT PARTICULAR OFFICER THE DOG WAS JUMPING UP AND DANIELLE WAS RIGHT THERE?


MR. DUSEK: OBJECTION. VAGUE AS TO WHEN.
BY MR. FELDMAN:


Q: DO YOU RECALL THAT STATEMENT?


A: THAT WASN’T THAT NIGHT.
THE COURT: WAIT. WHOA. LET’S BE SPECIFIC AS TO TIME, COUNSEL. LAY A FOUNDATION.


SUSTAINED.


MR. FELDMAN: ALL RIGHT.
BY MR. FELDMAN:


Q: DIRECTING YOUR ATTENTION TO THE 1ST OF FEBRUARY, —


A: OKAY.


Q: — DO YOU RECALL BEING ASKED QUESTIONS DOWNTOWN CONCERNING YOUR ACTIVITIES AND OBSERVATIONS OF THE 1ST OF FEBRUARY?


A: YES, I DO.


Q: AND DO YOU RECALL TELLING THE OFFICER THAT THE NIGHT YOU CAME IN, THE 1ST OF FEBRUARY, YOU REMEMBER THAT THE DOG WAS JUMPING UP AND DANIELLE WAS RIGHT THERE?


A: YES. BUT THAT WAS WHEN WE FIRST GOT THERE. NOT AFTER.


Q: OKAY.


I’M SORRY. YOU JUST SAID YES, THAT’S WHEN WE FIRST GOT THERE.


A: THAT IS BEFORE WE WENT TO DAD’S.


Q: AH. OKAY.


A: THAT WAS —


Q: SO IT IS THE CASE THAT ON THE 1ST OF FEBRUARY, WHENEVER IT WAS BEFORE YOU GOT TO DAD’S, WHEN YOU FIRST ARRIVED AT THE RESIDENCE, ALTHOUGH THE DOG HAD SEEN YOU BEFORE, THE DOG WAS JUMPING ON YOU?


A: YES. SHE JUMPS ON EVERYONE. IT’S NOT UNUSUAL.


Q: SO THE DOG IS A PRETTY ACTIVE DOG, IS THAT RIGHT?


A: YES.


Q: AND YOU KNOW THAT DOG BECAUSE YOU’VE SPENT TIME AROUND BRENDA AND DAMON, ISN’T THAT TRUE?


A: YES. THEY’RE FRIENDS.


Q: IN FACT, IT WAS YOU WHO INTRODUCED BRENDA TO BARBARA EASTON, ISN’T THAT TRUE?


A: YES.


Q: YOU ATTENDED —
MR. FELDMAN: YOUR HONOR, MAYBE I BETTER REQUEST A SIDEBAR.


THE COURT: I THINK SO.


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: ALL RIGHT.
BY MR. FELDMAN:


Q: I WOULD LIKE TO DIRECT YOUR ATTENTION TO HALLOWEEN OF 2000.


A: OKAY.


Q: ON HALLOWEEN OF 2000 DID YOU ATTEND A HALLOWEEN PARTY AT THE VAN DAM RESIDENCE?


A: YES. THEY HAVE A HALLOWEEN COSTUME PARTY EVERY YEAR.


Q: HAVE YOU CHARACTERIZED THAT COSTUME PARTY AS RISQUE?


A: NO, I WOULDN’T.


Q: ON THE EVENING OF THE HALLOWEEN PARTY IN THE YEAR 2000 YOU WERE PRESENT WITH YOUR HUSBAND AT THAT TIME, CORRECT, ANDY?


A: YES.


Q: AND LATER IN THE EVENING YOU ENGAGED IN SEXUAL RELATIONS, DID YOU NOT, WITH YOUR HUSBAND AND BRENDA VAN DAM AND DAMON VAN DAM, CORRECT?


A: NO, THAT’S NOT TRUE.


Q: SO YOU NEVER ENGAGED IN SEXUAL RELATIONS WITH DAMON AND BRENDA VAN DAM?


A: YES, I DID. BUT WITH DAMON. IT WAS MORE OF A SWAP.


Q: I SEE.


A: ANDY WAS WITH BRENDA, AND I WAS WITH DAMON.


Q: OKAY. I’M SORRY. YOU SWAPPED.


A: YES.


Q: DID YOU TELL THAT TO BARBARA?


MR. DUSEK: OBJECTION. IRRELEVANT.


THE COURT: SUSTAINED.


YOU NEED NOT ANSWER.


(DISCUSSION OFF THE RECORD BETWEEN MR. FELDMAN
AND MR. BOYCE.)
BY MR. FELDMAN:


Q: SO YOU WERE ACTUALLY PRETTY GOOD FRIENDS WITH THE VAN DAMS, WEREN’T YOU?


A: YES.


Q: BUT THERE CAME A TIME WHEN APPARENTLY THE RELATIONSHIP BETWEEN YOU AND THE VAN DAMS TOOK A DIFFERENT COURSE. IS THAT RIGHT?


A: WHAT ARE YOU REFERRING TO?


Q: WELL, YOU TOLD US I THINK ON DIRECT EXAMINATION THAT BY FEBRUARY OF 2002 YOU AND ANDY WERE NO LONGER I GUESS — YOUR WORD WAS SEPARATED, RIGHT?


A: RIGHT.


Q: AND IS IT THE CASE THAT IN FACT YOUR DIVORCE BECAME FINAL ON OR ABOUT 31 JANUARY, —


MR. DUSEK: OBJECTION. IRRELEVANT.
BY MR. FELDMAN:


Q: — 2002?


MR. DUSEK: 352.


THE COURT: SUSTAINED.


YOU NEED NOT ANSWER.
BY MR. FELDMAN:


Q: IN 2001 DID YOU ATTEND A HALLOWEEN PARTY AT THE VAN DAM RESIDENCE?


MR. DUSEK: OBJECTION. IRRELEVANT. 352.


THE COURT: OVERRULED.


YOU MAY ANSWER.


THE WITNESS: YES, I DID.
BY MR. FELDMAN:


Q: WAS BARBARA EASTON AT THAT PARTY?


A: YES. SHE WAS.


Q: WAS THAT PARTY RISQUE?


A: NO. NONE OF THEM WERE. IT WAS A HALLOWEEN PARTY. THEY HAVE — EVERYBODY DRESSES UP. AND WE HAVE FIRST, SECOND, AND THIRD PRIZE. THERE’S NOTHING RISQUE ABOUT IT.


Q: ALL RIGHT.


BEFORE YOU CAME TO COURT TODAY DID YOU MEET WITH MR. DUSEK CONCERNING THE SUBJECT MATTER OF YOUR TESTIMONY?


A: NOT TODAY REALLY. NOT TOO MUCH TODAY.


Q: SOME TODAY?


A: A LITTLE BIT, YEAH.


Q: AND HOW ABOUT BEFORE TODAY?


A: YES. THURSDAY WE SPOKE. YES, THURSDAY.


Q: AND PRIOR TO THURSDAY?


A: NO.


Q: WITH REGARD TO YOUR COMMUNICATIONS WITH ANY REPRESENTATIVE OF THE DISTRICT ATTORNEY’S OFFICE BEFORE COURT, CAN YOU TELL ME OTHER THAN THE I GUESS COUPLE OR THREE OCCASIONS THAT YOU SPOKE WITH MR. DUSEK, HAVE YOU SPOKEN WITH ANYONE ELSE?


A: NO.


Q: HOW ABOUT WITH BRENDA VAN DAM; HAVE YOU SPOKEN TO
HER —


A: NO, I HAVEN’T.


Q: — CONCERNING ANY — IF YOU DON’T MIND, I’LL FINISH THE QUESTION AND GIVE YOU A CHANCE —


A: OKAY.


Q: ALL RIGHT.


IT’S THE CASE, ISN’T IT, THAT ON JANUARY THE 25TH, BEFORE YOU ARRIVED AT BRENDA’S RESIDENCE WITH BARBARA, YOU AND BARBARA HAD BEEN DRINKING? IS THAT CORRECT?


A: YES.


Q: AND, IN FACT, YOU AND BARBARA HAD CONSUMED AN ENTIRE BOTTLE OF WINE BEFORE YOU ARRIVED AT BRENDA’S RESIDENCE. IS THAT TRUE?


A: YES. THAT’S TRUE.


Q: AND YOU WERE FEELING I THINK IN YOUR WORDS TOASTED BEFORE YOU ARRIVED AT THE VAN DAM RESIDENCE —


A: YES.


Q: — ON THE 25TH, IS THAT RIGHT, MA’AM?


A: THAT’S TRUE.


Q: AND WAS BARBARA SOBER OR HAD SHE — WAS SHE IN AN EQUAL STATE OF INTOXICATION?


A: SHE WAS IN AN EQUAL STATE, YES.


Q: AND WAS BARBARA THE DESIGNATED DRIVER ON THE 25TH?


A: YES.
A BOTTLE OF WINE IS ABOUT TWO GLASSES EACH.


Q: DO YOU REMEMBER WHAT KIND OF WINE IT WAS, MA’AM?


A: IT WAS PROBABLY A CAB., CABERNET OR MERLOT.


Q: SO BY THE TIME YOU GOT TO BRENDA VAN DAM’S RESIDENCE, — DO YOU RECALL, BY THE WAY, ON THE 25TH WHY WERE YOU GOING TO BRENDA’S HOUSE?


A: WE WERE GOING TO GO OUT THAT NIGHT.


Q: WHEN DID IT GET SET UP, DO YOU RECALL?


A: A COUPLE DAYS PRIOR.


Q: AND WHO SET IT UP?


A: BRENDA AND I.


Q: AND WHAT WAS THE PURPOSE OF THE GET-TOGETHER?


A: I WAS MOVING AWAY.


Q: AND WAS IT AN OPPORTUNITY FOR YOU TO HAVE A GIRLS’ NIGHT OUT?


A: YES. YES.


Q: AND WHEN YOU HAVE A GIRLS’ NIGHT OUT, WHAT DO YOU MEAN TO COMMUNICATE WHEN YOU CHARACTERIZE IT AS A GIRLS’ NIGHT OUT?


A: JUST THE THREE OF US GIRLS GOING OUT, SPENDING TIME BEFORE I LEAVE.


Q: ALL RIGHT.


BUT YOU DIDN’T LEAVE, DID YOU?


A: NO. I MOVED MY TRIP.


Q: I’M SORRY?


A: NO. I DID NOT LEAVE.


Q: SO YOU WENT TO DAD’S ON THE 25TH. BUT FIRST YOU WENT TO BRENDA’S HOUSE, CORRECT?


A: YES.


Q: WHEN YOU GOT TO BRENDA’S HOUSE, WAS SHE UPSTAIRS OR DOWNSTAIRS, DO YOU REMEMBER?


A: ON THE 25TH I BELIEVE SHE WASN’T READY YET. SHE WAS UPSTAIRS.


Q: DID YOU SPEND SOME TIME DOWNSTAIRS?


A: YES. IN THE KITCHEN.


Q: WAS THAT WITH DAMON?


A: DAMON WAS IN THE LIVING ROOM PLAYING VIDEO GAMES. BUT WE WERE ALL TALKING.


Q: DID YOU HAVE ANYTHING TO DRINK IN ADDITION TO THE WINE WHILE YOU WERE AT BRENDA’S RESIDENCE ON THE 25TH, MA’AM?


A: NO.


Q: DID YOU HAVE ANY MARIJUANA ON THE 25TH?


A: YES.


Q: WHERE DID YOU SMOKE THE MARIJUANA ON THE 25TH?


A: IN THE GARAGE.


Q: SO HOW MUCH TIME ELAPSED WOULD YOU ESTIMATE BETWEEN THE TIME YOU ARRIVED AT THE VAN DAM RESIDENCE AND THE TIME YOU WENT TO THE GARAGE TO SMOKE MARIJUANA?


A: PROBABLY ABOUT TEN, FIFTEEN MINUTES.


Q: DID ANYBODY JOIN YOU IN THE GARAGE WHILE YOU SMOKED MARIJUANA?


A: I DON’T RECALL.


Q: DOES THAT MEAN YOU SMOKED ALONE?


A: OH, NO. IT WAS THREE OF US.


Q: WHO’S THE THREE OF US, PLEASE?


A: BRENDA, BARBARA, AND ME.


Q: SO IN FACT YOU WERE JOINED WHEN YOU SMOKED MARIJUANA?


A: M-HM.


Q: AT LEAST BY BRENDA, IS THAT CORRECT?


A: YES.


Q: AND WITH REGARD TO THE — WAS IT A JOINT THAT YOU WERE SMOKING?


A: YES.


Q: AND WAS IT GOOD MARIJUANA?


A: I DON’T KNOW.


Q: DID IT GET YOU HIGH?


A: YES.


Q: AND THAT WAS THE REASON YOU WERE SMOKING IT WAS TO GET HIGH, RIGHT?


A: IT’S USUALLY WHAT YOU DO.


Q: AND DO YOU FIND THAT WITH REGARD TO GETTING HIGH THAT HAS AN EFFECT ON YOUR MEMORY?


A: A SMALL EFFECT.


Q: DO YOU NOTICE THAT THAT SMALL EFFECT SPECIFICALLY AFFECTS YOUR SHORT-TERM MEMORY?


A: YES.


Q: AND DO YOU FEEL THAT AS A RESULT OF YOUR USE OF MARIJUANA ON THE 25TH THAT YOU MAY HAVE HAD A SHORT-TERM MEMORY LOSS?


MR. DUSEK: OBJECTION. CALLS FOR SPECULATION.


THE COURT: SUSTAINED.


YOU NEED NOT ANSWER.
BY MR. FELDMAN:


Q: WHEN YOU WENT TO DAD’S ON THE 25TH, ABOUT WHAT TIME DID YOU GET THERE?


A: ABOUT 9:30.


Q: HAD THE BAND STARTED TO PLAY?


A: I DON’T RECALL IF . . .


Q: WHEN YOU WERE FIRST INTERVIEWED BY DETECTIVE GRBAC, ISN’T IT TRUE YOU NEVER MENTIONED TO DETECTIVE GRBAC THAT ON THE 25TH YOU HAD SEEN DAVID WESTERFIELD AT THE DAD’S?


A: RIGHT. I DON’T RECALL SEEING HIM ON THE 25TH.


Q: ISN’T IT TRUE YOU — WHEN YOU FIRST SAW DETECTIVE — WHEN YOU FIRST TALKED TO DETECTIVE GRBAC, YOU NEVER MENTIONED YOUR SEXUAL ENCOUNTER WITH THE VAN DAMS?


A: YES. THAT’S TRUE.


Q: EVEN THOUGH HE TOLD YOU IT WAS VERY IMPORTANT THAT HE KNOW THE NAMES OF EVERYBODY THAT HAD BEEN IN THAT RESIDENCE, CORRECT?


A: BUT OUR ENCOUNTER WAS NEARLY THREE YEARS AGO.


Q: DETECTIVE GRBAC TOLD YOU THAT LAW ENFORCEMENT’S CONCERN WAS FOR YOU TO TELL THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH, CORRECT?


A: THAT’S TRUE. BUT THAT WOULD BE GOING BACK ALMOST THREE YEARS, AND I DIDN’T THINK THAT HAD ANYTHING TO DO WITH IT.


Q: SO ARE YOU TELLING US, THEN, THAT YOU WERE MAKING JUDGMENTS AS TO WHAT WOULD BE APPROPRIATE FOR YOU TO COMMUNICATE TO LAW ENFORCEMENT CONCERNING THE SUBJECT MATTER OF THEIR INVESTIGATION?


A: YEAH.


Q: SO YOU DECIDED WHETHER OR NOT LAW ENFORCEMENT NEEDED INFORMATION — STRIKE THAT.


YOU DECIDED WHETHER OR NOT YOU WOULD GIVE LAW ENFORCEMENT THE INFORMATION LAW ENFORCEMENT WAS SEEKING FROM YOU, ISN’T THAT TRUE?


A: GOING SO FAR BACK, I DIDN’T THINK IT PERTAINED. I GUESS.


Q: AND IS IT TRUE THAT YOU HAD HAD A CONVERSATION WITH BRENDA VAN DAM AND DAMON VAN DAM BEFORE YOU TALKED TO THE POLICE WHERE ALL OF YOU DISCUSSED THE FACT THAT ALTHOUGH YOU HAD ALL HAD SEX TOGETHER AT ONE TIME OR ANOTHER, YOU WEREN’T GOING TO TELL THAT TO THE POLICE EITHER?


A: I NEVER HAD THAT CONVERSATION WITH THEM, NO.


Q: DID YOU HAVE THAT CONVERSATION WITH BARBARA?


A: NO.


Q: DID DAMON AND YOU HAVE ANY INDEPENDENT COMMUNICATIONS BEFORE YOU SPOKE TO THE POLICE?


A: NEVER. NO.


Q: I’M SORRY. YOU SAID YOU NEVER SPOKE INDEPENDENTLY TO DAMON?


A: NO. I SPOKE TO HIM ON THE PHONE WHEN HE CALLED ME AND SAID TO COME OVER. BUT I DIDN’T ACTUALLY SEE BRENDA AND DAMON UNTIL THAT NIGHT BECAUSE IT WAS ALL BLOCKED OFF. AND I CALLED THE DETECTIVE WHEN I GOT THERE, AND HE CAME OUT.


Q: SO I THINK YOU JUST TOLD ME THAT YOU RECEIVED A PHONE CALL ON OR ABOUT THE 2ND OF FEBRUARY FROM DAMON VAN DAM. CORRECT?


A: YES. IT WAS ON THE 2ND. HE TOLD ME THEY WANTED TO TALK TO ME ABOUT THE SIDE DOOR, IF I COULD COME OVER.


Q: AND THAT WAS — DID YOU HAVE A CHANCE TO FINISH, MA’AM?


A: YES.


Q: SO IN THAT — YOU HAD THE CONVERSATION WITH DAMON VAN DAM ‘CAUSE HE CALLED YOU UP ON THE 2ND, AND THAT WAS BEFORE YOU HAD EVER TALKED TO ANY POLICE OFFICER, ISN’T THAT TRUE?


A: YES.


Q: AND ISN’T IT TRUE THAT EVER SINCE YOU INTRODUCED BRENDA AND DAMON TO BARBARA IT’S LIKE EVERY TIME YOU HUNG OUT THEY WERE HOOKING UP WITH EACH OTHER?


A: I BELIEVE —


MR. DUSEK: OBJECTION. IRRELEVANT. 352. BEYOND THE SCOPE.


THE COURT: OVERRULED.


DO YOU UNDERSTAND THE QUESTION? THAT’S THE MAIN THING, MA’AM. DO YOU UNDERSTAND THE QUESTION?


THE WITNESS: YES, I DO.


THE COURT: ALL RIGHT. YOU MAY ANSWER IT YES OR NO.


THE WITNESS: I BELIEVE THEY WERE TOGETHER TWICE.


MR. DUSEK: OBJECTION. SPECULATION. NO FOUNDATION.


THE COURT: SUSTAINED.


MR. DUSEK: ASK THE ANSWER BE —


THE COURT: THE JURY IS TO DISREGARD THE ENTIRE QUESTION AND ANSWER.
BY MR. FELDMAN:


Q: DO YOU RECALL TELLING DETECTIVE GRBAC, QUOTE, EVER SINCE THE TIME —


MR. DUSEK: OBJECTION. NO FOUNDATION. IT’S HEARSAY.


THE COURT: AT THIS POINT IN TIME SUSTAINED AS IT RELATES TO HER KNOWLEDGE UNLESS YOU CAN LAY A FOUNDATION.


MR. FELDMAN: OKAY.
BY MR. FELDMAN:


Q: DO YOU HAVE PERSONAL KNOWLEDGE OF THE RELATIONSHIP BETWEEN BRENDA AND DAMON, IS THAT CORRECT?


MR. DUSEK: OBJECTION. VAGUE AS TO WHAT’S PERSONAL KNOWLEDGE. DID SHE SEE?


THE COURT: LET’S TAKE IT ONE STEP AT A TIME.
THIS HAS GOT TO BE OF YOUR PERSONAL KNOWLEDGE, MA’AM, NOT SOMETHING YOU’VE BEEN TOLD. OKAY?


THE WITNESS: OKAY.


MR. FELDMAN: WHAT YOU’VE SEEN.


THE WITNESS: WHAT’S THE QUESTION AGAIN?


THE COURT: ALL RIGHT.
BY MR. FELDMAN:


Q: YOU’VE SEEN THE INTERACTIONS BETWEEN BRENDA AND DAMON VAN DAM, IS THAT CORRECT?


A: YES. THEY ARE MY FRIENDS.


Q: YOU HAVE SEEN THE INTERACTIONS BETWEEN BRENDA AND DAMON VAN DAM AND BARBARA EASTON, THEY ARE YOUR FRIENDS
A: YES.


Q: I’M SORRY. DO YOU AGREE?


A: YES.


Q: BASED ON WHAT YOU HAVE SEEN, ISN’T IT THE CASE THAT EVERY TIME YOU HUNG OUT, THEY WERE HOOKING UP WITH EACH OTHER?


A: NO.


MR. DUSEK: OBJECTION. VAGUE.


THE COURT: THE ANSWER IS NO. SHE UNDERSTOOD THE QUESTION.
IT STANDS.
BY MR. FELDMAN:


Q: WITH REGARD TO THE TERM HOOK UP, WHAT DOES IT MEAN —


MR. DUSEK: OBJECTION. IRRELEVANT.
BY MR. FELDMAN:


Q: — TO YOU?


MR. DUSEK: 352, YOUR HONOR.


THE COURT: OVERRULED.


YOU CAN ANSWER.


THE WITNESS: COULD YOU REPEAT THE QUESTION?
BY MR. FELDMAN:


Q: WITH REGARD TO THE WORDS HOOKING UP, WHAT DO THEY MEAN TO YOU?


A: JUST HANGING OUT.


Q: SO IT HAS NO SEXUAL CONNOTATION TO YOU?


A: NO.


Q: WHEN YOU’VE TALKED TO YOUR FRIEND BRENDA VAN DAM, HAVE YOU AND SHE USED THE TERM HOOKING UP TOGETHER?


MR. DUSEK: OBJECTION. YOUR HONOR, MAY WE APPROACH THE BENCH?


THE COURT: OVERRULED.
IT’S GETTING FAR AFIELD. SUSTAINED. LET’S MOVE ON, MR. FELDMAN.


MR. FELDMAN: YES, YOUR HONOR.
BY MR. FELDMAN:


Q: ON THE 25TH WHEN YOU ARRIVED AT THE BAR, YOU, BRENDA, AND BARBARA WERE DANCING TOGETHER, ISN’T THAT CORRECT?


A: YES.


Q: WERE YOU KISSING A GUY ON THE TABLE?


A: NO.


Q: WAS BARBARA DANCING WITH OTHER GIRLS?


A: YES.


Q: YOU MENTIONED ON DIRECT EXAMINATION SOMETHING ABOUT YOUR — SOMETHING ABOUT BLONDS. DO YOU RECALL?


A: YES.


Q: THERE WERE TWO BLONDE GIRLS THERE THAT BARBARA WAS DANCING WITH, ISN’T THAT CORRECT?


A: YES.


Q: AND IT’S ALSO CORRECT THAT THE THREE OF YOU, MEANING YOU, BRENDA, AND BARBARA, WERE, QUOTE, PRETTY LOADED, END QUOTE.


A: YES.


Q: AND WHEN YOU USE THE TERM PRETTY LOADED, WHAT DEGREE OF IMPAIRMENT DO YOU MEAN TO COMMUNICATE, MA’AM?


A: NOT BELLIGERENT. JUST HAVING A GOOD TIME.


Q: HOW MANY DRINKS —


MR. DUSEK: OBJECTION. VAGUE AS TO WHOM.


MR. FELDMAN: AS TO —


THE COURT: WELL, LET’S GET WHAT EVENT WE’RE TALKING ABOUT HERE.


MR. FELDMAN: I’M ON THE 25TH. I’M ASKING HER ABOUT HER WORDS, YOUR HONOR.


THE COURT: ALL RIGHT.


THE WITNESS: CAN YOU REPEAT THE QUESTION, PLEASE?


MR. FELDMAN: SURE.
BY MR. FELDMAN:


Q: HOW MANY DRINKS DID YOU HAVE ON THE 25TH AFTER THE BOTTLE OF WINE, —


A: OKAY.


Q: — AFTER THE MARIJUANA CIGARETTE, AND WHEN YOU ARRIVED AT DAD’S?


A: I HAD THREE COORS LIGHTS.


Q: AND YOU REMEMBER THAT, IS THAT CORRECT?


A: YES.


Q: AND WHO DID YOU TELL THAT TO, IF ANYONE, PRIOR TO TODAY?


A: NOBODY.


Q: AND YOU OBSERVED ON THE 25TH BRENDA DANCING, ISN’T THAT TRUE?


A: YES.


Q: AND WHILE BRENDA WAS DANCING, YOU FORMED THE OPINION THAT SHE WAS PRETTY LOADED ALSO, ISN’T THAT TRUE?


A: I DON’T RECALL SAYING THAT, BUT. . .


(DISCUSSION OFF THE RECORD BETWEEN MR. FELDMAN
AND MR. BOYCE.)
MR. FELDMAN: EXCUSE ME JUST FOR A SECOND.


(PAUSE.)
BY MR. FELDMAN:


Q: IS IT CORRECT THAT ON THE 25TH YOU HAD OBSERVED BRENDA TO BE DANCING WITH SOME OTHER GIRLS?


A: WE WERE ALL DANCING TOGETHER.


Q: I UNDERSTAND THAT. BUT DID YOU TELL DETECTIVE HERGENROETHER THAT YOU KNEW THAT BARBARA AND BRENDA HAD BEEN DANCING WITH SOME OTHER GIRLS?


A: YES. THERE WERE LOTS OF PEOPLE ON THE DANCE FLOOR.


Q: ON THE 25TH, —


A: YES.


Q: — CORRECT?


(DISCUSSION OFF THE RECORD BETWEEN MR. FELDMAN
AND MR. BOYCE.)
BY MR. FELDMAN:


Q: DURING THE WEEK FOLLOWING THE 25TH AND BEFORE THE FEBRUARY 1ST, THAT FRIDAY, DID YOU HAVE COMMUNICATION WITH BRENDA OR BARBARA CONCERNING ANY ACTIVITIES YOU MIGHT ENGAGE IN THE FOLLOWING WEEK?


A: YES.


Q: WHO CALLED WHOM, IF YOU RECALL?


A: I DON’T RECALL. WE USED TO CALL EACH OTHER ALL THE TIME.


Q: I’M SORRY. WHEN YOU SAY WE USED TO CALL, ARE YOU REFERRING TO YOURSELF AND BRENDA, YOURSELF AND BARBARA?


A: ALL THREE OF US.


Q: OKAY.


SO THE THREE OF YOU —


A: SO IT COULD HAVE BEEN ME CALLING BRENDA, BRENDA CALLING ME, ME CALLING BARB, HER CALLING ME OR BRENDA.


Q: OKAY.


THE PLAN WAS REGARDLESS THAT ON THE 1ST OF FEBRUARY YOU WERE GOING TO HAVE ANOTHER GIRLS’ NIGHT OUT, TRUE?


A: TRUE.


Q: AND YOU WERE NO LONGER LEAVING?


A: NO. I WAS. IT WAS JUST POSTPONED A BIT.


Q: SO YOU HAD THE OPPORTUNITY TO HAVE A CONSECUTIVE GIRLS’ NIGHT OUT WEEKEND.


A: YES.


Q: SO ON THE 1ST OF FEBRUARY HOW DID YOU GET TO THE VAN DAM RESIDENCE?


A: BARBARA DROVE.


Q: DID YOU HAVE ANYTHING TO DRINK THIS TIME BEFORE YOU —


A: NO, I DIDN’T.


Q: I’M SORRY?


A: NO.


Q: WHEN YOU GOT TO THE VAN DAM RESIDENCE, WHAT DID YOU DO?


A: WE WENT INTO THE KITCHEN.


Q: WELL, WHERE DID YOU PARK YOUR CAR?


A: OUTSIDE.


Q: DID YOU WALK DIRECTLY INTO THE KITCHEN?


A: WE WENT THROUGH THE FRONT DOOR.


Q: OKAY.


A: WE WENT INTO THE KITCHEN.


Q: SEE ANYBODY OUTSIDE?


A: YEAH. DANIELLE AND BRENDA.


Q: AND THEN YOU WENT INSIDE THE RESIDENCE?


A: YES.


Q: WHEN YOU GOT INSIDE THE RESIDENCE, WHAT DID YOU SEE?


A: WENT INTO THE KITCHEN. THE BOYS AND DAMON WERE PLAYING VIDEO GAMES. AND DANIELLE WAS AT THE KITCHEN TABLE. I ORDERED MY GIRL SCOUT COOKIES.


Q: ALL RIGHT.


A: BRENDA WAS STRAIGHTENING THE KITCHEN.


Q: HOW MUCH TIME ELAPSED WOULD YOU ESTIMATE BETWEEN THE TIME YOU ARRIVED AT THE VAN DAM RESIDENCE AND THE TIME YOU GOT TO THE GARAGE?


A: ABOUT TEN, FIFTEEN MINUTES.


Q: AND THIS TIME, THIS BEING THE SECOND FRIDAY, FEBRUARY 1, YOU WENT INTO THE GARAGE AND GOT A BEER, DID YOU?


A: YES.


Q: AND YOU SHARED THE BEER, DID YOU, WITH BARBARA?


A: YES.


Q: AND WHO HAD THE MARIJUANA THIS TIME?


A: I BELIEVE IT WAS BARBARA.


Q: ARE YOU GUESSING?


A: I’M NOT POSITIVE.


Q: WHO HAD THE MARIJUANA THE WEEK PREVIOUS?


A: BARBARA.


Q: AND WHEN BARBARA HAD THE MARIJUANA ON THE 1ST OF FEBRUARY, DID YOU SMOKE SOME OF IT, RIGHT?


A: YES.


Q: AND YOU SMOKED SOME WITH BRENDA, IS THAT RIGHT?


A: YES.


THE COURT: COUNSEL, WE’VE GOT TO TAKE A BREAK AT SOME POINT. THIS IS PROBABLY JUST AS CONVENIENT AS ANY.


ALL RIGHT. LADIES AND GENTLEMEN, PLEASE REMEMBER THE ADMONITION OF THE COURT NOT TO DISCUSS ANY OF THE EVIDENCE OR TESTIMONY AMONG YOURSELVES OR WITH ANY OTHER PERSONS.


PLEASE BE OUTSIDE THE DOOR AT 11:00 O’CLOCK. 11:00 O’CLOCK, PLEASE.


(RECESS, 10:45 O’CLOCK, A.M., TO 11:00 O’CLOCK, A.M.)
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13 - Day 4- June 10th 2002 - Transcript criminal trial David Westerfield
11 - Day 3- June 6th 2002 - Transcript criminal trial David Westerfield