DAY 5 – SAN DIEGO, CALIFORNIA, TUESDAY, JUNE 11, 2002 (morning 2)
WITNESS:
Johnny Keene (San Diego Detective, robbery unit)
4295
1 THE COURT: WELCOME BACK, LADIES AND GENTLEMEN.
2 ALL RIGHT. MR. DUSEK.
3
4 BY MR. DUSEK:
5 Q. I THINK WHEN WE BROKE, DETECTIVE, YOU HAD JUST
6 COMPLETED THE TOUR OF THE DOWNSTAIRS; IS THAT CORRECT?
7 A. THAT’S CORRECT.
8 Q. FROM DOWNSTAIRS WHERE DID YOU GO?
9 A. WE THEN WENT UPSTAIRS.
10 Q. WE BEING?
11 A. DETECTIVE PARGA, MR. WESTERFIELD AND MYSELF.
12 (MARKED FOR ID: = TRIAL EX. 44 – FLOOR PLAN )
13 Q. LET ME SWITCH EXHIBITS ON YOU NOW.
14 WE’VE HAD MARKED AS COURT’S EXHIBIT 44 ANOTHER
15 FLOOR PLAN LABELED AT THE TOP “WESTERFIELD RESIDENCE UPSTAIRS.”
16 DO YOU RECOGNIZE WHAT WE HAVE DEPICTED THERE?
17 A. YES.
18 Q. BASICALLY TELL US WHAT IT IS.
19 A. IT IS THE UPSTAIRS FLOOR PLAN OF THE WESTERFIELD
20 HOME.
21 Q. THE VARIOUS ROOMS UPSTAIRS, ARE THEY LABELED INSIDE
22 THOSE ROOMS?
23 A. YES.
24 Q. DO YOU SEE THE STAIRS WHERE YOU CAME UPSTAIRS?
25 A. YES.
26 Q. WOULD YOU USE YOUR POINTER AND POINT THAT OUT FOR
27 US?
28 A. START AT THE STAIRS IN THE LOWER PORTION, COME
4296
1 AROUND AND GO UPSTAIRS. AND THIS IS LIKE A — KIND OF A LOT
2 OF — NOT REALLY A LOT OF BUT IT’S JUST A OPEN AREA.
3 Q. THAT’S WHEN YOU GET TO THE TOP OF THE STAIRS?
4 A. THAT’S CORRECT.
5 Q. WHERE DID YOU LOOK UP THERE?
6 A. WHEN WE FIRST ENTERED THE UPSTAIRS WE WENT TO THE
7 LEFT AND ENTERED THE ROOM THAT’S DESIGNATED AS THE DEN.
8 Q. BASICALLY WHAT DID YOU SEE IN THERE?
9 A. A COUCH, FUTON, TV. THAT’S ABOUT IT.
10 Q. FROM THERE WHERE DID YOU GO?
11 A. WE LEFT THAT ROOM AND ENTERED THE ROOM THAT MR.
12 WESTERFIELD STATED WAS HIS SON’S ROOM.
13 Q. DID YOU DO ANY SEARCHING IN THERE?
14 A. JUST CURSORY LOOKED AROUND AGAIN, OPENED THE CLOSET
15 DOOR, LOOKED IN THERE, LOOKED AT THE, YOU KNOW — THE BEDROOM
16 ITSELF.
17 Q. FROM THAT BEDROOM WHERE DID YOU GO?
18 A. FROM THAT BEDROOM WE ENTERED WHAT HE DESIGNATED AS
19 HIS OFFICE. THERE WAS A COUPLE DIFFERENT COMPUTERS, I BELIEVE,
20 JUST WORK EQUIPMENT.
21 Q. FROM THERE WHERE DID YOU GO?
22 A. AND FROM THERE WE ENTERED WHAT HE DESCRIBED WAS HIS
23 BEDROOM.
24 Q. WHERE IN THE HOUSE IS THAT, FRONT OR BACK?
25 A. IT’S ON THE REAR OF THE HOUSE, UPSTAIRS REAR.
26 Q. AND THE ENTIRE REAR EXPOSURE OF THE HOUSE SHOWS YOU
27 WHAT UPSTAIRS?
28 A. I’M NOT SURE I UNDERSTAND.
4297
1 Q. WHAT GOES ALL THE WAY ALONG THE REAR OF THAT HOUSE?
2 WHAT ROOMS ARE YOU LOOKING AT?
3 A. THE MASTER BEDROOM AND MASTER BATHROOM.
4 Q. DESCRIBE THE CONDITION OF THE MASTER BEDROOM.
5 A. IT WAS PRETTY MUCH LIKE THE REST OF THE HOUSE. IT
6 WAS VERY CLEAN. THE BED — IN FACT, WHEN WE ENTERED THE ROOM,
7 MR. WESTERFIELD APOLOGIZED PROFUSELY FOR THE ROOM BEING, YOU
8 KNOW, IN SUCH A MESS. AND THE ONLY THING I NOTICED THAT WAS OUT
9 OF PLACE, I GUESS, WAS THE FACT THAT THE BED DID NOT HAVE A
10 COMFORTER ON IT. IT HAD A FITTED SHEET, A TOP SHEET. THEY WERE
11 BOTH ON THE BED THE WAY THEY SHOULD BE BUT THERE WAS NO
12 COMFORTER ON THE BED.
13 Q. WHAT DO YOU MEAN “APOLOGIZED PROFUSELY”?
14 A. WELL, HE — HE KEPT TELLING US THAT OH, YOU KNOW,
15 THIS ROOM’S SUCH A MESS, YOU KNOW, I APOLOGIZE FOR IT BEING A
16 MESS, JUST DISREGARD THAT IT’S SUCH A MESS.
17 Q. FROM THE MASTER BEDROOM DID YOU GO ANYWHERE ELSE?
18 A. WE WALKED THROUGH THE MASTER BEDROOM INTO THE
19 MASTER BATHROOM AREA, AND THEN WE LEFT THAT AREA AND WALKED BACK
20 INTO THE HALLWAY. AS WE WAS LEAVING HIS BEDROOM, HE REDIRECTED
21 US BACK INTO HIS BEDROOM TO A CLOSET WITHIN THE BATHROOM AREA
22 AND TOLD US THAT THERE WAS A — THERE WAS AN AREA WITHIN THE
23 CLOSET THAT WE HAD NOT — WE OBVIOUSLY HAD NOT NOTICED AND HAD
24 NOT LOOKED AT.
25 Q. WHAT DID HE TELL YOU TO DO?
26 A. WELL, HE TOOK US BACK TO THE — IT’S A WALK-IN
27 CLOSET IN THE MASTER BATHROOM AREA. HE TOOK US BACK TO THAT
28 AREA AND SHOWED US A SMALL HIDDEN ROOM THAT HE SUGGESTED WE
4298
1 SHOULD LOOK IN.
2 Q. HOW COOPERATIVE WAS HE DURING THIS INTERVIEW?
3 A. HE WAS OVERLY COOPERATIVE.
4 Q. WHAT DO YOU MEAN BY THAT?
5 A. I MEAN HE WAS POINTING OUT AREAS — AS WE’RE
6 SEARCHING HIS RESIDENCE HE’S POINTING OUT AREAS THAT, YOU KNOW,
7 THAT WE MIGHT WALK PAST AND MISS AND HE FELT WE SHOULD LOOK IN.
8 Q. DID YOU?
9 A. YES.
10 (MARKED FOR ID: = TRIAL EX. 46, PHOTOBOARD/8)
11 Q. I’VE HAD MARKED AS COURT’S EXHIBIT 46 ANOTHER PHOTO
12 DISPLAY BOARD LABELED AT THE TOP “WESTERFIELD RESIDENCE MASTER
13 BEDROOM.” DO YOU RECOGNIZE WHAT WE HAVE DEPICTED THERE,
14 DETECTIVE KEENE?
15 A. YES.
16 Q. THE ANGLE AT THE TOP, WHAT ARE WE SEEING THERE?
17 A. THAT WOULD BE FROM THE SMALL HALLWAY UPSTAIRS
18 LOOKING INTO THE MASTER BEDROOM.
19 Q. PHOTOGRAPHS “B,” “C” AND “D”, DO THEY GIVE US A
20 PANORAMIC VIEW OF THE MASTER BEDROOM?
21 A. YES. THOSE ARE VIEWS AS YOU WOULD STAND IN THE
22 BEDROOM DOORWAY LOOKING INTO THE ROOM FROM LEFT TO RIGHT.
23 Q. THERE APPEAR TO BE SOME WINDOWS IN THE WALL IN
24 PHOTOGRAPHS “B” AND “C.” DO YOU SEE THOSE?
25 A. YES.
26 Q. WHERE DO THEY LOOK OUT TO?
27 A. I BELIEVE THEY LOOK OUT OVER THE BACKYARD.
28 Q. PHOTOGRAPH “E”, WHAT IS THAT SHOWING US?
4299
1 A. THAT WOULD BE A PHOTOGRAPH STANDING — AS YOU’RE AT
2 THE FOOT OF THE BED IT WOULD BE ON THE LEFT SIDE OF THE BED
3 STANDING FROM THE LEFT SIDE OF THE BED LOOKING BACK TOWARDS THE
4 DOORWAY THAT GOES INTO THE BATHROOM.
5 Q. THAT DOORWAY LOOKS LIKE IS A BATHROOM SINK ONCE YOU
6 GET THROUGH THAT DOORWAY?
7 A. CORRECT.
8 Q. PHOTOGRAPHS “F”, “G” AND “H,” WHAT AREA ARE WE
9 LOOKING AT THERE?
10 A. THAT WOULD BE THE WALK-IN CLOSET IN THE MASTER
11 BATHROOM AREA.
12 Q. IS THAT THE CONDITION THAT HE KEPT HIS CLOSET —
13 A. YES.
14 Q. — WHEN YOU WERE THERE?
15 GOING BACK TO THE BED, THAT’S DEPICTED IN “A,” “B,”
16 “C” AND “D,” WAS IT IN THAT CONDITION WHEN YOU WERE IN THE
17 HOUSE?
18 A. IT WAS IN THAT CONDITION WITH THE EXCEPTION OF THE
19 COMFORTER WAS NOT LAYING ON TOP OF THE BED. THERE WAS NO
20 COMFORTER AROUND.
21 Q. DID YOU TAKE ANY PICTURES FROM INSIDE THE HOUSE
22 WHEN YOU GUYS WERE THERE?
23 A. NO.
24 Q. DID YOU SEIZE ANYTHING FROM INSIDE THE HOUSE?
25 A. NO.
26 Q. ONCE YOU COMPLETED YOUR TOUR OF THE UPSTAIRS WHERE
27 DID YOU GO?
28 A. WE WENT BACK DOWNSTAIRS PAST THE LAUNDRY AREA AND
4300
1 INTO THE GARAGE.
2 Q. DO YOU RECALL WHETHER THE BIG DOOR TO THE GARAGE
3 WAS OPEN OR CLOSED?
4 A. IT WAS CLOSED AT THAT TIME.
5 Q. DID ANYTHING HAPPEN TO IT?
6 A. AS WE WALKED FROM THE HOUSE INTO THE GARAGE, MR.
7 WESTERFIELD OPENED THE LARGE GARAGE DOOR.
8 Q. DID HE SAY ANYTHING WHEN HE DID THAT?
9 A. NO.
10 Q. WHAT DID YOU SEE IN THE GARAGE?
11 A. AS WE WALKED FROM THE LAUNDRY ROOM INTO — THROUGH
12 THE DOORWAY INTO THE GARAGE, I NOTED THAT ON THE LEFT SIDE OF
13 THE GARAGE, WHICH WOULD BE THE WEST SIDE OF THE GARAGE, THERE
14 WAS — THERE WERE THINGS STACKED WITHIN THE — ON THE GARAGE
15 FLOOR. THE WEST WALL WAS COVERED WITH CABINETS. PROBABLY FROM
16 CENTER TO THE EAST THERE WAS ALONG THE WALL — I BELIEVE THERE
17 WAS A WORKBENCH OF SOME SORT, AND IN THE EAST HALF OF THE GARAGE
18 WAS THE 4 RUNNER. IT WAS PARKED INSIDE THE GARAGE.
19 Q. WHO SPENT MORE TIME ON THE EAST SIDE OF THE GARAGE,
20 YOU OR DETECTIVE PARGA?
21 A. DETECTIVE PARGA.
22 Q. THERE WAS ONLY ONE VEHICLE IN THE GARAGE?
23 A. YES.
24 Q. DESCRIBE IT FOR US.
25 A. IT WAS A BLACK TOYOTA 4 RUNNER.
26 Q. DESCRIBE ITS CONDITION.
27 A. IT APPEARED TO BE VERY CLEAN. I DID NOT LOOK
28 INSIDE THE VEHICLE. I ONLY NOTED THE OUTSIDE. BUT IT APPEARED
4301
1 TO BE VERY CLEAN.
2 (MARKED FOR ID: = TRIAL EX. 47-PHOTOBOARD/4 RUNNER)
3 Q. I HAVE MARKED AS COURT’S EXHIBIT 47 ANOTHER PHOTO
4 DISPLAY BOARD LABELED AT THE TOP “2001 TOYOTA 4 RUNNER.” IT HAS
5 SIX PHOTOGRAPHS, “A” THROUGH “F.” DO YOU RECOGNIZE WHAT WE HAVE
6 DEPICTED THERE?
7 A. YES. THAT APPEARS TO BE MR. WESTERFIELD’S BLACK
8 TOYOTA 4 RUNNER.
9 Q. THESE PHOTOGRAPHS WERE NOT TAKEN IN HIS GARAGE,
10 WERE THEY?
11 A. NO, THEY WERE NOT.
12 Q. THEY WERE TAKEN SOMEWHERE ELSE BY SOMEONE ELSE?
13 A. YES.
14 Q. THE CONDITION OF THE CAR IN THESE PHOTOGRAPHS ON
15 EXHIBIT 47, HOW DOES THAT COMPARE WITH HOW YOU SAW IT IN THE
16 GARAGE?
17 A. BASED ON THE PHOTOGRAPH, IT APPEARS TO BE JUST AS
18 IT WAS IN THE GARAGE, VERY CLEAN, SHINY.
19 Q. DID YOU LOOK INSIDE TO SEE WHETHER OR NOT THERE
20 WERE ANY ITEMS IN THE REAR PORTION OF THE 4 RUNNER?
21 A. I DID NOT.
22 Q. DO YOU KNOW IF EITHER — DO YOU KNOW IF MO PARGA
23 DID?
24 A. I BELIEVE SHE DID.
25 Q. FROM THE GARAGE WHAT DID YOU DO?
26 A. I BELIEVE WHEN WE WALKED THROUGH THE GARAGE, THAT
27 WAS THE END OF OUR WALK THROUGH HIS HOUSE. WE — I DON’T RECALL
28 WHETHER WE STEPPED OUT THROUGH THE LARGE GARAGE DOOR OR WENT
4302
1 BACK THROUGH HIS HOUSE THROUGH THE FRONT DOOR, BUT WE EXITED HIS
2 HOUSE AT THAT POINT.
3 Q. AND DID YOU ASK HIM IF YOU COULD GO LOOK AT SOME OF
4 THE REST OF HIS PROPERTY?
5 A. YES.
6 Q. WHAT DID YOU WANT TO TAKE A LOOK AT?
7 A. WE WANTED TO TAKE A LOOK AT HIS MOTOR HOME.
8 Q. DESCRIBE HOW YOU MADE THAT REQUEST.
9 A. THE SAME WAY I MADE THE REQUEST TO GO THROUGH HIS
10 HOUSE. I JUST NOTICED THAT WE’D LIKE TO LOOK IN HIS MOTOR HOME.
11 HE SAID HE HAD NO PROBLEM WITH IT WHATSOEVER. I THEN ALSO HAD
12 HIM SIGN A CONSENT TO SEARCH FORM FOR THE VEHICLE.
13 Q. DID HE APPEAR COOPERATIVE?
14 A. YES, VERY.
15 Q. ONCE YOU GOT HIS CONSENT TO DO THAT WHERE DID YOU
16 GO?
17 A. WE ACTUALLY FOLLOWED HIM TO 15250 SKY RIDGE ROAD,
18 WHICH IS THE AREA THAT HE REFERRED TO AS HIGH VALLEY.
19 Q. WHAT VEHICLE DID HE GO IN, MR. WESTERFIELD?
20 A. HE DROVE HIS OWN TOYOTA 4 RUNNER.
21 Q. WAS HE WITH ANYONE?
22 A. NO.
23 Q. WHERE WERE YOU?
24 A. I WAS DRIVING MY OWN VEHICLE.
25 Q. HOW ABOUT DETECTIVE PARGA?
26 A. SHE RODE WITH ME.
27 Q. WERE THERE ANY OTHER OFFICERS GOING?
28 A. I BELIEVE SERGEANT WRAY, DETECTIVE MORRIS AND
4303
1 DETECTIVE STETSON FOLLOWED US UP THERE.
2 Q. DO YOU REMEMBER HOW YOU GOT THERE?
3 A. THE EXACT ROUTE?
4 Q. THE ROADS.
5 A. YES.
6 Q. HOW DID YOU GET THERE?
7 A. WE TOOK MOUNTAIN PASS BACK TO — I’VE FORGOTTEN THE
8 NAME OF THE CROSS STREET NOW. IT GOES UP TO POWAY ROAD.
9 Q. SPRINGHURST?
10 A. SPRINGHURST. THANK YOU.
11 TOOK MOUNTAIN PASS ON TO SPRINGHURST. NORTH ON
12 SPRINGHURST ONTO POWAY ROAD. EAST ON POWAY ROAD TO MIDLAND. WE
13 TURNED NORTHBOUND ON MIDLAND TO TWIN PEAKS ROAD. EASTBOUND ON
14 TWIN PEAKS ROAD TO ESPOLA. NORTHBOUND ON ESPOLA TO HIGH VALLEY.
15 AND I DON’T REMEMBER ALL THE NAMES OF THE — THEY’RE SMALL
16 LITTLE WINDY STREETS THAT ONCE YOU TURN EAST ON HIGH VALLEY,
17 THEN IT TAKES YOU TO SKY RIDGE.
18 Q. DO YOU THINK YOU CAN TRACE THAT ON A MAP FOR US?
19 A. YES.
20 (MARKED FOR ID: = TRIAL EX. 39, MAP/SABRE SPRINGS)
21 Q. I HAVE MARKED AS COURT’S EXHIBIT 39 WHAT APPEARS TO
22 BE A MAP OF THE POWAY SABRE SPRINGS AREA.
23 A. YES.
24 Q. DO YOU SEE THAT, DETECTIVE?
25 A. YES.
26 Q. WE’VE ALSO IDENTIFIED SOME OF THE LANDMARKS WE’LL
27 BE TALKING ABOUT HERE.
28 DO YOU SEE THE AREA WHERE THE VAN DAM RESIDENCE AND
4304
1 THE WESTERFIELD RESIDENCE IS APPROXIMATELY ON THIS MAP?
2 A. YES.
3 Q. IS IT IDENTIFIED?
4 A. YES, IT IS.
5 Q. WHERE AND HOW?
6 A. IT’S IDENTIFIED IN A YELLOW BOX WITH BOTH THE NAME
7 VAN DAM RESIDENCE AND THE ADDRESS AND ALSO WESTERFIELD RESIDENCE
8 AND THE ADDRESS.
9 Q. WOULD YOU TAKE YOUR BLACK FELT PEN AND TRACE THE
10 ROUTE FROM THE RESIDENCE TO THE PLACE IN HIGH VALLEY, AND
11 DESCRIBE THE ROADS THAT YOU WERE GOING ON AS YOU DO IT.
12 A. FROM THE WESTERFIELD RESIDENCE, IT WOULD BE
13 WESTBOUND ON MOUNTAIN PASS TO SPRINGHURST, NORTHBOUND ON
14 SPRINGHURST TO POWAY ROAD, EAST ON POWAY ROAD THROUGH POWAY, TO
15 MIDLAND.
16 Q. UP TO THAT POINT DID YOU KNOW WHERE DAD’S WAS?
17 A. NO, I DID NOT.
18 Q. DO YOU KNOW WHERE IT IS NOW?
19 A. YES, I DO.
20 Q. WHERE IS DAD’S?
21 A. IT’S IN THE 12700 BLOCK OF POWAY ROAD.
22 Q. AND IS THAT IDENTIFIED ON THE MAP, EXHIBIT 39?
23 A. YES, IT IS.
24 Q. DID YOU JUST DRAW THE LINE GOING PAST DAD’S CAFE?
25 A. YES, I DID.
26 Q. CONTINUE PLEASE.
27 A. ONCE WE REACHED MIDLAND, WE TURNED NORTHBOUND, TOOK
28 MIDLAND TO TWIN PEAKS, TURNED EASTBOUND ON TWIN PEAKS TO ESPOLA,
4305
1 NORTHBOUND ON ESPOLA TO HIGH VALLEY. WE THEN TURNED EAST ON
2 HIGH VALLEY, WHICH WINDS AROUND AND BECOMES MARCAR GOING
3 NORTHBOUND. MARCAR AROUND, AND AGAIN, I DON’T RECALL THE NAME
4 OF THE SMALL STREETS. IT CURVES AROUND NORTHBOUND AND THEN EAST
5 ON SKY RIDGE AND SKY RIDGE EVENTUALLY GOES TO 15250 SKY RIDGE
6 ROAD IN POWAY.
7 Q. IS THAT LOCATION MARKED ON THE MAP WITH THE
8 ADDRESS?
9 A. YES. AGAIN, IT’S — IT’S MARKED IN A YELLOW BOX
10 WITH THE ADDRESS 15250 SKY RIDGE ROAD, POWAY.
11 Q. AS LONG AS I HAVE YOU AT THAT MAP, DID YOU GO TO
12 THE CHEVRON STATION THAT HE SAID HE WENT TO?
13 A. NOT ON THAT DAY, NO.
14 Q. AT SOME OTHER TIME?
15 A. AT SOME OTHER TIME.
16 Q. I ASKED YOU TO GO BACK AND FIND IT?
17 A. YES.
18 Q. IS THAT DEPICTED ON THE MAP EXHIBIT 39?
19 A. YES, IT IS.
20 Q. WHERE IS THAT, SIR?
21 A. IT’S DEPICTED — IT’S ACTUALLY 11030 RANCHO CARMEL
22 DRIVE RIGHT — JUST EAST OF THE INTERSTATE 15 FREEWAY.
23 Q. DO YOU RECALL THE OFFRAMP FROM THE FREEWAY TO GET
24 THERE?
25 A. I BELIEVE IT WAS CARMEL — I’M — I COULDN’T SAY
26 FOR SURE, NO.
27 Q. ALL RIGHT. THANK YOU, SIR.
28 WHEN YOU GOT TO SKY RIDGE, WAS THIS YOUR FIRST TIME
4306
1 THERE?
2 A. YES, IT WAS.
3 Q. DESCRIBE THE AREA.
4 A. IT WAS KIND OF A MOUNTAINOUS AREA, AND ALL ALONG
5 THE SMALL ROADS, ONCE WE TURNED ON HIGH VALLEY, ALL ALONG THE
6 SMALL ROADS GOING TO THAT AREA IT WAS — THERE WERE HOUSES ON
7 LARGE PIECES OF PROPERTY, AN ACRE, TWO ACRES, FAIRLY LARGE
8 HOUSES. THERE WAS HORSES, LIVESTOCK RUNNING AROUND. IT WAS
9 KIND OF NARROW ROADS THAT GO UP TO THAT AREA. AND ONCE WE
10 ACTUALLY GOT TO THE ADDRESS, THE ROAD ITSELF SITS UP HIGHER THAN
11 THE HOUSE. THAT PARTICULAR RESIDENCE SITS BELOW THE LEVEL OF
12 THE ROAD. THERE’S ACTUALLY A DRIVEWAY THAT GOES DOWN TO THE
13 HOUSE ITSELF. PROBABLY FROM THE STREET, IF YOU STOOD ON THE
14 STREET AND LOOKED IN THE DIRECTION OF THE HOUSE YOU’D BE LOOKING
15 OVER THE ROOF OF THE HOUSE.
16 Q. WHAT DID YOU SEE WHEN YOU GOT THERE?
17 A. WHEN WE FIRST ARRIVED I SAW A — I SAW LIKE A DIRT
18 AND WOOD CHIP AREA OFF THE SIDE OF THE DRIVEWAY. THERE WAS A
19 LARGE WHITE TRAILER PARKED IN THAT AREA. A SMALL PAVED AREA AT
20 THE TOP OF THE DRIVEWAY THERE WAS A SMALL MOTOR HOME, PROBABLY
21 20-, 25-FOOT MOTOR HOME SITTING THERE. AND FURTHER EAST THERE
22 WAS A MUCH LARGER MOTOR HOME, ABOUT A 35- TO 40-FOOT MOTOR HOME
23 SITTING IN A WOOD CHIP AREA.
24 Q. DID THE DEFENDANT INDICATE WHICH WAS HIS?
25 A. YES, HE DID.
26 Q. WHICH ONE?
27 A. IT WAS THE LARGER MOTOR HOME SITTING FURTHER EAST.
28 Q. DID HE INDICATE WHOSE THE SMALLER ONE WAS?
4307
1 A. HE TOLD ME THAT IT WAS THE PROPERTY OWNER’S MOTOR
2 HOME.
3 (MARKED FOR ID: = TRIAL EX. 48, PHOTOBOARD/3)
4 Q. I’VE HAD MARKED AS COURT’S EXHIBIT 48 ANOTHER PHOTO
5 DISPLAY BOARD LABELED AT THE TOP “15250 SKY RIDGE ROAD.” IT HAS
6 THREE PHOTOGRAPHS, 8A THROUGH “C.” DO YOU RECOGNIZE WHAT WE HAVE
7 DEPICTED THERE, DETECTIVE?
8 A. YES, I DO.
9 Q. PHOTOGRAPH “A”, WHAT ARE WE LOOKING AT?
10 A. THAT WOULD BE AN AERIAL PHOTO OF POWAY IN THE —
11 ABOUT THE LOWER CENTER OF THE PHOTOGRAPH IS THE RESIDENCE OF
12 KEITH SHERMAN, 15250 SKY RIDGE ROAD.
13 Q. HE WAS THE OWNER OF THIS PROPERTY?
14 A. YES.
15 Q. COULD YOU TAKE YOUR POINTER AND POINT OUT HIS
16 RESIDENCE ON THAT AERIAL SHOT, PHOTOGRAPH “A”?
17 A. HIS RESIDENCE WOULD BE THE HOUSE IN THE LOWER
18 CENTER.
19 Q. WHAT YOU’RE POINTING OUT RIGHT NOW?
20 THANK YOU, SIR.
21 PHOTOGRAPH “B”, WHAT ARE WE SEEING THERE?
22 A. THAT WOULD BE ANOTHER PHOTOGRAPH OF THE SAME THING.
23 ACTUALLY, MORE OF A CLOSE-UP ON MR. SHERMAN’S HOUSE FROM A
24 DIFFERENT ANGLE.
25 Q. WHERE IS HIS HOUSE ON THAT PHOTOGRAPH?
26 A. HIS HOUSE WOULD BE THE HOUSE LOCATED IN THE LEFT
27 MIDSECTION OF THE PHOTOGRAPH.
28 Q. HOW ABOUT THE RIGHT MID?
4308
1 A. I’M SORRY, RIGHT. YOU’RE RIGHT.
2 Q. DID YOU SEE ANY MOTOR HOMES THERE WHEN THESE
3 PHOTOGRAPHS WERE TAKEN?
4 A. YES, I DO.
5 Q. WHERE WERE THEY IN RELATION TO WHERE YOU SAW THEM
6 PARKED?
7 A. THE MOTOR HOME DEPICTED JUST TO THE LEFT OF THE
8 HOUSE IS THE MOTOR HOME THAT WAS DESCRIBED AS BEING MR.
9 SHERMAN’S MOTOR HOME, AND I BELIEVE IT’S PRETTY MUCH IN THE SAME
10 LOCATION. IT MAY HAVE BEEN BACK UP A FEW FEET, BUT IT’S PRETTY
11 MUCH IN THE SAME LOCATION IT WAS ON THE MORNING THAT I WAS
12 THERE.
13 Q. HOW ABOUT THE DEFENDANT’S MOTOR HOME, WHERE WOULD
14 THAT HAVE BEEN IN PHOTOGRAPH “B”?
15 A. IT WOULD ACTUALLY HAVE BEEN AT THE FAR RIGHT EDGE
16 OF THE PHOTOGRAPH IN THIS DIRT AREA ABOVE THE DRIVEWAY, OR
17 ACTUALLY, IN THE PHOTOGRAPH BELOW THE DRIVEWAY.
18 Q. PHOTOGRAPH “C”, WHAT DO WE HAVE THERE?
19 A. PHOTOGRAPH “C” IS YET ANOTHER PHOTOGRAPH — A
20 CLOSE-UP OF MR. SHERMAN’S RESIDENCE FROM THE WEST SIDE OF THE
21 RESIDENCE.
22 Q. DOES THAT GIVE YOU A VIEW OF WHERE THE DEFENDANT’S
23 MOTOR HOME WAS PARKED WHEN YOU SAW IT THERE?
24 A. YES.
25 Q. POINT IT OUT, PLEASE.
26 A. IT WOULD HAVE BEEN PARKED — IF YOU’RE ON THE
27 DRIVEWAY, IT’S JUST TO THE RIGHT OF THE DRIVEWAY IN THE DIRT
28 AREA. THERE’S A VERY SMALL BUSH THERE AND IT WAS PARKED IN THIS
4309
1 DIRT AREA TO THE RIGHT OF THE DRIVEWAY.
2 Q. COULD YOU GET OUT YOUR FELT PEN AND DRAW IT IN AT
3 THAT APPROXIMATE LOCATION?
4 A. (WITNESS COMPLYING.)
5 Q. YOU’VE DRAWN A BOX THERE ON EXHIBIT 48 PHOTOGRAPH
6 “C”?
7 A. CORRECT.
8 Q. THANK YOU, SIR.
9 ONCE YOU GUYS ARRIVED WHAT DID YOU DO?
10 A. WHEN WE FIRST ARRIVED WE TOOK A LOOK — WE LOOKED
11 AT THE OUTSIDE OF MR. WESTERFIELD’S MOTOR HOME.
12 Q. WE BEING?
13 A. WE BEING MYSELF AND DETECTIVE PARGA. SERGEANT
14 WRAY, DETECTIVE MORRIS AND DETECTIVE STETSON WERE ALL THERE BUT
15 THEY STOOD BACK, AND DETECTIVE PARGA AND I ARE THE ONLY ONES
16 THAT LOOKED AT THE MOTOR HOME.
17 Q. WHAT DO YOU MEAN BY LOOKING AT?
18 A. WELL, I MEAN, DOWN THE DRIVER’S SIDE, THE LEFT SIDE
19 OF THE MOTOR HOME IT HAS SEVERAL LOCKABLE STORAGE COMPARTMENTS
20 THAT ARE ACCESSED FROM THE EXTERIOR OF THE MOTOR HOME. MR.
21 WESTERFIELD MADE SURE THEY WERE ALL UNLOCKED, AND I STARTED AT
22 THE FRONT OF THE MOTOR HOME WORKING MY WAY TOWARDS THE MIDDLE.
23 DETECTIVE PARGA STARTED AT THE REAR OF THE MOTOR HOME WORKING
24 HER WAY TOWARDS THE MIDDLE, AND WE OPENED EACH OF THE
25 COMPARTMENTS AND LOOKED IN ‘EM.
26 Q. DID YOU OPEN THEM ALL?
27 A. INITIALLY, NO.
28 Q. WHAT HAPPENED?
4310
1 A. AS I REACHED ABOUT CENTER, I STEPPED BACK FROM THE
2 MOTOR HOME. AND JUST ABOUT THE TIME I STEPPED BACK, DETECTIVE
3 PARGA STEPPED BACK. AND THE CENTER COMPARTMENT, IT’S A SMALL
4 COMPARTMENT, MUCH SMALLER THAN THE OTHER FOUR OR FIVE
5 COMPARTMENTS. AND AS I STEPPED BACK AND DETECTIVE PARGA STEPPED
6 BACK, MR. WESTERFIELD NOTED THAT WE HAD NOT CHECKED THAT
7 COMPARTMENT AND SUGGESTED THAT WE DO SO.
8 Q. AFTER HE SUGGESTED THAT, DID YOU?
9 A. YES.
10 Q. DID YOU SEE ANYTHING IN THAT COMPARTMENT?
11 A. JUST JUNK. I MEAN, NOTHING THAT WAS NOTABLE.
12 (MARKED FOR ID: = TRIAL EX. 49, PHOTOBOARD/5)
13 Q. LET ME SHOW YOU WHAT WE’VE HAD MARKED AS COURT’S
14 EXHIBIT 49, ANOTHER PHOTO DISPLAY BOARD. THIS ONE’S LABELED AT
15 THE TOP “1997 SOUTHWIND MOTOR HOME, ROMAN NUMERAL ONE.” IT
16 APPEARS TO HAVE FIVE PHOTOGRAPHS LABELED “A” THROUGH “E.”
17 DO YOU RECOGNIZE WHAT WE HAVE DEPICTED THERE?
18 A. YES.
19 Q. WHAT IS IT?
20 A. THAT IS DAVID WESTERFIELD’S MOTOR HOME.
21 Q. IS THAT WHERE IT WAS PARKED WHEN YOU SAW IT THAT
22 DAY?
23 A. PHOTOGRAPH “A” IS, YES.
24 Q. DO YOU SEE THE AREAS THAT YOU JUST DESCRIBED
25 SEARCHING THE EXTERIOR STORAGE COMPARTMENTS?
26 A. YES.
27 Q. WHICH PHOTOGRAPH?
28 A. YOU CAN SEE ‘EM IN PHOTOGRAPH “A”, PHOTOGRAPH “C”
4311
1 AND JUST ONE OF ‘EM ON PHOTOGRAPH “D”.
2 Q. TAKE THE POINTER OUT, WOULD YOU PLEASE, AND
3 DESCRIBE THE AREAS THAT YOU’RE TALKING ABOUT.
4 A. PHOTOGRAPH “A” ALONG THE LOWER DRIVER’S SIDE, THESE
5 ARE ALL LOCKABLE COMPARTMENTS. THERE’S FIVE OR SIX INDIVIDUAL
6 DOORS THAT OPEN UP. PHOTOGRAPH “C”, THESE ARE THE DOORS. IN
7 FACT, THERE’S — IT APPEARS TO BE SIX LOCKABLE COMPARTMENTS.
8 EACH OF THESE SMALL DARK SQUARES IS THE HANDLE, THE LOCK AND
9 HANDLE, AND THEN IN PHOTOGRAPH “D” IT WOULD JUST BE — THE SMALL
10 AREA IS THE FIRST COMPARTMENT.
11 Q. DID YOU EXAMINE ANY OF THE COMPARTMENTS ON THE
12 PASSENGER SIDE OF THE MOTOR HOME?
13 A. I DON’T RECALL THERE BEING EXTERIOR COMPARTMENTS ON
14 THE PASSENGER SIDE.
15 Q. WHY DON’T YOU TAKE A LOOK AT PHOTOGRAPH “B”?
16 A. YES, THERE ARE.
17 Q. DID YOU LOOK AT THOSE, DO YOU REMEMBER?
18 A. NO, NO.
19 Q. ONCE YOU EXAMINED THOSE ON THE DRIVER’S SIDE WHAT
20 DID YOU DO?
21 A. FROM THERE WE WALKED AROUND ONTO THE PASSENGER
22 SIDE, AND MR. WESTERFIELD OPENED THE DOOR THAT’S LOCATED
23 APPROXIMATELY THE FRONT ONE-THIRD OF THE MOTOR HOME AND WE
24 WALKED INSIDE.
25 Q. HAD IT BEEN LOCKED?
26 A. I DON’T RECALL WHETHER HE ACTUALLY UNLOCKED IT BUT
27 IT HAD BEEN CLOSED.
28 Q. DESCRIBE THE INSIDE, WHAT DID YOU SEE?
4312
1 A. WHEN WE FIRST WALKED INSIDE TO THE RIGHT WAS THE
2 DRIVER’S COMPARTMENT. I BELIEVE IT HAD CAPTAIN’S CHAIRS, A
3 DRIVER’S SEAT, A PASSENGER SEAT, I BELIEVE A CONSOLE OF SOME
4 TYPE BETWEEN THE TWO SEATS.
5 STRAIGHT AHEAD WAS LIKE A SMALL COUCH. I BELIEVE
6 IT WAS CONVERTIBLE INTO LIKE A DINING AREA. AS I TURNED TO THE
7 LEFT AND WALKED TOWARDS THE REAR OF THE MOTOR HOME, THERE WAS A
8 SINK AND STOVE I BELIEVE ON THE LEFT-HAND SIDE. ON THE
9 RIGHT-HAND SIDE DOWN THE HALLWAY WAS A SMALL BATHROOM, AND AT
10 THE VERY REAR OF THE MOTOR HOME WAS A BEDROOM WITH A BED, TV,
11 SOME KIND OF LIKE A HEADBOARD TYPE THING AT THE FRONT — AT THE
12 HEAD SIDE OF THE BED.
13 Q. HOW FAR DOWN THE MOTOR HOME TOWARDS THE REAR DID
14 YOU GO?
15 A. I WENT ALL THE WAY TO THE REAR.
16 Q. TO THE BACK WALL?
17 A. NOT TO THE BACK WALL BUT TO THE FOOT OF THE BED.
18 Q. HOW ABOUT DETECTIVE PARGA, DID SHE GO INSIDE THE
19 BED — OR INSIDE THE MOTOR HOME?
20 A. YES, SHE DID.
21 Q. DO YOU KNOW WHERE SHE WENT?
22 A. I DON’T BELIEVE SHE WENT ANY FURTHER TO THE REAR
23 THAN PROBABLY THE DINING AREA.
24 Q. DO YOU KNOW IF ANYONE ELSE WENT INSIDE?
25 A. I KNOW MR. WESTERFIELD WAS INSIDE AT THE SAME TIME
26 THAT DETECTIVE PARGA AND I WERE, AND I DON’T RECALL ANYONE ELSE
27 BEING IN THERE.
28 Q. DO YOU RECALL THE CONDITIONS OF THE BEDROOM WHEN
4313
1 YOU GOT THERE?
2 A. MUCH LIKE THE BEDROOM IN THE — IN HIS RESIDENCE,
3 THE BED IN THE REAR OF THE MOTOR HOME WAS MADE ONLY WITH SHEETS.
4 THERE WAS NO — THERE WAS NO COMFORTER ON THE BED.
5 Q. I ALMOST PANICKED THERE. (LOOKING FOR EXHIBITS.)
6 DO YOU RECALL HAVING ANYTHING ON YOUR HANDS?
7 A. YES.
8 Q. WHAT?
9 A. I WAS WEARING RUBBER GLOVES.
10 Q. WHY?
11 A. DIDN’T WANT TO TOUCH ANYTHING, LEAVE FINGERPRINTS.
12 Q. DO YOU REMEMBER IF YOU DID TOUCH ANYTHING?
13 A. I DON’T RECALL HANDLING ANYTHING.
14 Q. DO YOU RECALL OPENING ANY CLOSETS OR DRAWERS OR
15 ANYTHING INSIDE?
16 A. I MAY HAVE OPENED A SMALL CLOSET. IF MEMORY SERVES
17 ME, I BELIEVE IT WAS ON THE LEFT SIDE OF THE HALLWAY. AS YOU
18 WALK TOWARDS THE BEDROOM, IT SEEMS LIKE THERE WAS A SMALL LIKE A
19 COAT CLOSET OR SOMETHING. I MAY HAVE JUST OPENED IT AND PEERED
20 IN AND CLOSED IT, BUT I DON’T RECALL PICKING UP OR OPENING
21 ANYTHING ELSE.
22 (MARKED FOR ID: = TRIAL EX. 50, PHOTOBOARD/5)
23 Q. LET ME SHOW YOU A COUPLE MORE PHOTOBOARDS, THE
24 FIRST ONE BEING COURT’S EXHIBIT 50. THIS ONE’S LABELED “1997
25 SOUTHWIND MOTOR HOME, ROMAN NUMERAL TWO.” IT APPEARS TO HAVE
26 FIVE PHOTOGRAPHS LABELED “A” THROUGH “E.”
27 DO YOU SEE WHAT WE HAVE DEPICTED THERE, DETECTIVE?
28 A. YES.
4314
1 Q. LET’S START WITH PHOTOGRAPH “B”, WHAT DOES THAT
2 SHOW US?
3 A. PHOTOGRAPH “B” IS STANDING ABOUT IN THE DOORWAY ON
4 THE PASSENGER SIDE OF THE VEHICLE LOOKING TOWARDS THE FRONT OF
5 THE VEHICLE AT THE DRIVER’S COMPARTMENT.
6 Q. DRIVER’S SEAT WOULD BE ON WHICH SIDE?
7 A. THE DRIVER’S SEAT WOULD BE ON THE LEFT SIDE.
8 Q. AND THAT GLASSY AREA WOULD BE THE FRONT WINDSHIELD?
9 A. CORRECT.
10 Q. IS THERE SOMETHING UP ON TOP OF THAT PHOTOGRAPH?
11 A. THERE’S A CONSOLE WITH A — APPEARS TO BE A TV ON
12 THE RIGHT SIDE OF THE CONSOLE.
13 Q. PHOTOGRAPH “A”, WHAT DOES THAT SHOW US?
14 A. PHOTOGRAPH “A” WOULD BE STANDING FURTHER BACK IN
15 THE MOTOR HOME ABOUT WHERE THE BATHROOM IS, AGAIN LOOKING
16 TOWARDS THE FRONT OF THE MOTOR HOME TOWARDS THE DRIVER’S SIDE.
17 Q. AND “C” AND “D” SHOW US WHAT?
18 A. “C” AND “D” WOULD SHOW US STANDING NEAR THE
19 DRIVER’S COMPARTMENT LOOKING TOWARDS THE BACK OF THE MOTOR HOME.
20 Q. DO YOU SEE WHERE THE PASSENGER DOOR WOULD BE IN
21 PHOTOGRAPH “C”?
22 A. THE PASSENGER DOOR OF THE DRIVER’S COMPARTMENT?
23 Q. THE DOORWAY TO ENTER THE INTERIOR OF THE MOTOR
24 HOME, IS THAT VISIBLE IN PHOTOGRAPH “C”?
25 A. YES, IT IS.
26 Q. WHERE WOULD THAT BE?
27 A. IT’S ON THE FAR LEFT SIDE OF PHOTOGRAPH “C”. YOU
28 CAN ACTUALLY SEE THE SUNLIGHT COMING IN THE DOORWAY.
4315
1 Q. PHOTOGRAPH “E”, WHAT DOES THAT SHOW US?
2 A. PHOTOGRAPH “E” AGAIN IS FROM THE DRIVER’S
3 COMPARTMENT OF THE MOTOR HOME LOOKING TOWARDS THE REAR OF THE
4 MOTOR HOME. IT’S ACTUALLY DIRECTED TOWARDS THE DRIVER’S SIDE OF
5 THE MOTOR HOME.
6 Q. WHAT CONDITION WAS THAT PART OF THE MOTOR HOME WHEN
7 YOU WENT INSIDE?
8 A. BASICALLY LIKE IT IS IN THE PHOTOGRAPHS. IT WAS
9 VERY CLEAN.
10 (MARKED FOR ID: = TRIAL EX. 51, PHOTOBOARD/5)
11 Q. I’D LIKE TO SHOW YOU SOME PHOTOGRAPHS OF THE
12 BEDROOM AREA, WHICH I’VE HAD MARKED AS COURT’S EXHIBIT 51. AND
13 THIS ONE’S LABELED AT THE TOP “1997 SOUTHWIND MOTOR HOME ROMAN
14 NUMERAL THREE.”
15 DO YOU SEE WHAT WE HAVE DEPICTED THERE, DETECTIVE?
16 A. YES.
17 Q. BASICALLY WHAT DO WE HAVE IN PHOTOGRAPHS “A,” “B”
18 AND “C”?
19 A. PHOTOGRAPHS “A,” “B” AND “C” DEPICT THE BEDROOM
20 AREA IN THE REAR OF THE MOTOR HOME.
21 Q. THE HEAD OF THE BED WOULD BE UP AGAINST THE EXTREME
22 REAR WALL OF THE MOTOR HOME?
23 A. THAT’S CORRECT.
24 Q. AND PHOTOGRAPH “D” AND “E” SHOW US WHAT?
25 A. PHOTOGRAPHS “D” AND “E” DEPICT THE BATHROOM AREA AS
26 SEEN FROM THE BEDROOM.
27 Q. THE CONDITION OF THE BEDROOM AREA, WAS THAT AS IT
28 IS DEPICTED IN EXHIBIT 51 WHEN YOU WERE INSIDE THE MOTOR HOME?
4316
1 A. AS FAR AS CLEANLINESS, YES. BUT THE COMFORTER THAT
2 YOU SEE ON THE BED IN THE PHOTOGRAPHS WAS NOT ON THE BED WHEN I
3 WAS IN THE MOTOR HOME.
4 Q. WHAT WAS ON THE BED?
5 A. JUST SHEETS.
6 Q. RECALL PILLOWCASES?
7 A. I DON’T RECALL FOR SURE. IT SEEMS LIKE THERE WERE
8 BUT I DON’T RECALL FOR SURE.
9 Q. LET ME DIRECT YOUR ATTENTION TO PHOTOGRAPH “E”,
10 WHAT DOES THAT SHOW US?
11 A. THAT WOULD BE THE BATHROOM AREA IN THE MOTOR HOME.
12 Q. AND APPEARS TO BE SOMETHING BLUE ON THE FLOOR ON
13 THE LOWER RIGHT HAND CORNER OF THAT PHOTOGRAPH.
14 DO YOU SEE WHAT THAT IS?
15 A. YES.
16 Q. WHAT DOES IT LOOK LIKE?
17 A. IT APPEARS TO BE A TOWEL.
18 Q. WAS THAT THERE WHEN YOU ENTERED THE HOME?
19 A. NO.
20 Q. DID YOU SEIZE ANYTHING FROM THE MOTOR HOME?
21 A. NO.
22 Q. DID YOU TAKE ANY PICTURES WHEN YOU GUYS WERE THERE?
23 A. NO.
24 Q. FROM THE MOTOR HOME WHERE DID YOU GO?
25 A. FROM THE MOTOR HOME WE RETURNED TO MR.
26 WESTERFIELD’S HOME.
27 Q. DID YOU EXAMINE A TRAILER UP THERE AT SKY RIDGE?
28 A. OH, I’M SORRY. YES, WE DID. FROM — AFTER LOOKING
4317
1 THROUGH THE MOTOR HOME, HE THEN POINTED OUT A WHITE TRAILER THAT
2 CONTAINED HIS DUNE BUGGY, TWO QUAD RUNNERS AND JUST VARIOUS
3 EQUIPMENT, GAS CANS AND THAT TYPE OF STUFF.
4 Q. WHERE WAS THAT?
5 A. IT WAS LOCATED ON THE SAME PIECE OF PROPERTY ON THE
6 WEST SIDE OF THE DRIVEWAY.
7 Q. DID YOU ASK IF YOU COULD LOOK INSIDE THAT?
8 A. YES. HE OPENED IT FOR US AND SUGGESTED WE LOOK IN
9 IT.
10 (MARKED FOR ID: = TRIAL EX. 52-PHOTOBOARD/4 )
11 Q. LET ME SHOW YOU WHAT I’VE HAD MARKED AS COURT’S
12 EXHIBIT 52. ANOTHER PHOTO DISPLAY BOARD LABELED “UTILITY
13 TRAILER.” DO YOU RECOGNIZE THAT?
14 A. YES.
15 Q. WHAT IS IT?
16 A. THAT IS THE TRAILER THAT MR. WESTERFIELD IDENTIFIED
17 AS HIS TRAILER. IT CONTAINS HIS DUNE BUGGY AND HIS QUADS AND
18 VARIOUS EQUIPMENT.
19 Q. PHOTOGRAPHS “A,” “B” AND “C” SHOW THE EXTERIOR OF
20 THE TRAILER?
21 A. CORRECT.
22 Q. PHOTOGRAPH “D” SHOWS US WHAT?
23 A. SHOWS US — THE INTERIOR WOULD BE DUNE BUGGIES AND
24 GAS TANKS, LOOKS LIKE A TABLE, SOME OTHER EQUIPMENT.
25 Q. THE AREA WHERE THESE ITEMS WERE PARKED, DESCRIBE
26 HOW DUSTY IT IS UP THERE.
27 A. WELL, IT’S ALL DIRT AND WOOD CHIP, SO A SLIGHT WIND
28 WOULD CERTAINLY BLOW UP A DUST.
4318
1 Q. WHAT DID YOU DO ONCE YOU FINISHED EXAMINING THE
2 TRAILER?
3 A. AFTER WE EXAMINED THE TRAILER WE LEFT THE AREA.
4 Q. WHO WENT WHERE?
5 A. I BELIEVE WE FOLLOWED MR. WESTERFIELD OUT BACK TO
6 ESPOLA ROAD. WE ALL WENT SOUTH ON ESPOLA ROAD. MR.
7 WESTERFIELD, WHEN HE REACHED ESPOLA AND TWIN PEAKS, HE CONTINUED
8 SOUTH ON ESPOLA. I BELIEVE SERGEANT WRAY, DETECTIVE MORRIS AND
9 DETECTIVE STETSON ALL STOPPED AT — THERE’S A SMALL STRIP MALL
10 RIGHT ON THE CORNER OF ESPOLA AND TWIN PEAKS. THEY ALL PULLED
11 INTO THAT STRIP MALL AND STOPPED. AND DETECTIVE PARGA AND I
12 TURNED RIGHT ON TWIN PEAKS GOING WESTBOUND.
13 Q. DO YOU SEE THAT INTERSECTION OF TWIN PEAKS AND
14 ESPOLA ON THE EXHIBIT —
15 A. YES.
16 Q. — 39?
17 WOULD YOU POINT IT OUT FOR US?
18 A. (WITNESS COMPLYING.)
19 THIS IS ESPOLA AND THIS IS TWIN PEAKS.
20 Q. AND YOU TURNED RIGHT OR WEST ON TWIN PEAKS?
21 A. I TURNED WEST ON TWIN PEAKS. MR. WESTERFIELD
22 CONTINUED SOUTH ON ESPOLA AND SERGEANT WRAY, DETECTIVE MORRIS
23 AND DETECTIVE STETSON ALL STOPPED IN A LITTLE STRIP MALL THAT
24 WAS RIGHT ON THE SOUTHWEST CORNER.
25 Q. WAS THE DEFENDANT STILL BY HIMSELF?
26 A. YES, HE WAS.
27 Q. ANYBODY FOLLOWING?
28 A. NO.
4319
1 Q. WHERE DID YOU GO?
2 A. WE RETURNED TO HIS RESIDENCE AT THAT POINT.
3 Q. DID YOU HAVE FURTHER CONTACT WITH HIM LATER THAT
4 AFTERNOON?
5 A. YES.
6 Q. WHERE WAS THAT CONTACT?
7 A. AGAIN, AT HIS HOME.
8 Q. DURING THAT CONTACT WERE THERE MEDIA PRESENT?
9 A. I DON’T RECALL THERE BEING MEDIA RIGHT AROUND HIS
10 HOUSE AT THAT TIME, NO.
11 Q. AT SOME POINT IN TIME WITH THAT FURTHER CONTACT DO
12 YOU KNOW WHETHER OR NOT THE DEFENDANT WAS INTERVIEWED BY THE
13 MEDIA?
14 A. YES.
15 Q. WAS THAT THIS CONTACT THAT YOU WERE TALKING ABOUT?
16 A. NO. IT WAS ACTUALLY WHEN WE LEFT THE HIGH VALLEY
17 AREA AND WENT BACK TO HIS RESIDENCE, HE SHOWED UP A FEW MINUTES
18 LATER AND HE DID HAVE CONTACT WITH THE MEDIA AT THAT POINT.
19 Q. WERE YOU PRESENT WHEN THAT INTERVIEW WAS CONDUCTED?
20 A. YES.
21 Q. DESCRIBE THE SETTING.
22 A. THERE WAS MEDIA, I BELIEVE, ON THE SIDEWALK AT THE
23 EDGE OF HIS DRIVEWAY. ONE OF THE REPORTERS KIND OF CALLED TO
24 HIM AND ASKED HIM IF THEY COULD TALK TO HIM, AND HE IMMEDIATELY
25 WALKED RIGHT UP TO THE CAMERAS AND BEGAN TALKING WITH THE
26 REPORTERS. THERE WAS AT LEAST TWO, MAYBE THREE CAMERAS RIGHT
27 THERE AND HE BEGAN TALKING WITH THE REPORTERS.
28 Q. DID YOU GET TO SEE HOW HE BEHAVED — COMPORTED
4320
1 HIMSELF DURING THAT INTERVIEW?
2 A. I SAW A LITTLE BIT, YES.
3 Q. HOW DID THAT COMPARE WITH HOW HE WAS WHEN HE WAS
4 WITH YOU?
5 A. REALLY NO DIFFERENCE. HE WAS — HE WAS MORE THAN
6 WILLING TO TALK TO THE MEDIA. HE WAS ANSWERING THEIR QUESTIONS.
7 I BELIEVE I HEARD HIM AT ONE POINT ASK ONE OF THE REPORTERS DID
8 HE LOOK BETTER WITH OR WITHOUT HIS HAT.
9 Q. LATER ON THAT DAY DID YOU ASK IF MR. WESTERFIELD
10 WOULD BE WILLING TO GO TO NORTHEASTERN SUBSTATION AND SPEAK WITH
11 A PAUL REDDEN?
12 A. YES, I DID.
13 Q. DID HE AGREE TO GO?
14 A. YES, HE DID.
15 MR. DUSEK: THANK YOU, SIR.
16 THE COURT: ALL RIGHT. CROSS-EXAMINATION.
17 MR. FELDMAN: THANK YOU.
18
19 CROSS-EXAMINATION +
20 BY MR. FELDMAN:
21 Q. GOOD MORNING.
22 A. GOOD MORNING, MR. FELDMAN.
23 Q. SIR, DID YOU PREPARE A SERIES OF POLICE REPORTS IN
24 CONNECTION WITH YOUR ACTIVITIES IN THIS CASE?
25 A. YES, I DID.
26 Q. DID YOU PREPARE THE REPORTS WHEN THE EVENTS WERE
27 FRESHER IN YOUR MIND THAN THEY ARE TODAY?
28 A. YES.
4321
1 Q. DID YOU REVIEW THE REPORTS TO INSURE THAT THEY WERE
2 ACCURATE?
3 A. YES.
4 Q. DID YOU REVIEW THE REPORTS TO INSURE THAT THEY
5 CONTAINED ALL DETAIL YOU BELIEVED TO BE SIGNIFICANT?
6 A. THE INITIAL REPORT, I REVIEWED IT. I LATER WROTE A
7 SUBSEQUENT REPORT BECAUSE I FELT IT DID NOT ACCURATELY DESCRIBE
8 EVERYTHING, YES.
9 Q. SO WHAT YOU JUST TOLD ME WAS THEN THERE ARE AT
10 LEAST TWO REPORTS THAT YOU ARE THINKING OF AT THE MOMENT, RIGHT?
11 A. ON THE CONTACT WITH MR. WESTERFIELD THAT MORNING?
12 Q. YES.
13 A. THAT’S CORRECT.
14 Q. SO THOSE TWO REPORTS THEN WOULD CONSTITUTE WHAT YOU
15 BELIEVE TO BE THE COMPLETE DETAIL OF CONSEQUENTIAL INFORMATION?
16 A. YES.
17 Q. THOSE REPORTS THAT YOU’VE GENERATED, THEY WERE
18 WRITTEN ACTUALLY ON TWO SEPARATE OCCASIONS, ISN’T THAT TRUE?
19 A. THAT’S CORRECT.
20 Q. ONE OF THE REPORTS WAS WRITTEN ON FEBRUARY 5TH, IS
21 THAT RIGHT, SIR?
22 A. I BELIEVE SO, YES.
23 Q. AND THE OTHER REPORT WAS WRITTEN ON OR ABOUT MARCH
24 THE 5TH, IS THAT RIGHT?
25 A. THAT’S CORRECT.
26 Q. THE MARCH THE 5TH REPORT WAS THE REPORT YOU JUST
27 REFERENCED, WHICH MADE MORE ACCURATE OR INCLUDED MORE DETAIL
28 THAT YOU BELIEVED TO BE SIGNIFICANT; IS THAT CORRECT?
4322
1 A. CORRECT.
2 Q. WITH REGARD TO THE MANNER OF PREPARATION OF THE
3 REPORTS, SIR, WERE YOU ACTUALLY IN THE FIELD TAKING NOTES WHEN
4 YOU WERE TALKING TO MR. WESTERFIELD?
5 A. I DID TAKE SOME HANDWRITTEN NOTES WHILE I WAS
6 TALKING TO HIM, YES.
7 Q. AND THOSE NOTES THEN WERE CONTEMPORANEOUS. IN
8 OTHER WORDS, AS HE WAS SPEAKING YOU WERE WRITING, IS THAT RIGHT?
9 A. CORRECT.
10 I WASN’T WRITING WORD FOR WORD BUT I WAS TAKING
11 NOTES ON BASICALLY WHAT HE WAS SAYING.
12 Q. AND YOU’RE TRAINED THAT IT’S IMPORTANT TO TAKE
13 NOTES; ISN’T THAT CORRECT?
14 A. THAT’S CORRECT.
15 Q. AND YOU’RE TRAINED IT’S IMPORTANT TO WRITE REPORTS;
16 ISN’T THAT CORRECT?
17 A. CORRECT.
18 Q. AND THE REASON FOR BOTH TAKING NOTES AND WRITING
19 REPORTS IS TO MEMORIALIZE OBSERVATIONS WHEN THEY’RE FRESH IN
20 YOUR MIND, CORRECT?
21 A. CORRECT.
22 Q. BECAUSE AS PART OF YOUR TRAINING YOU RECOGNIZE IT’S
23 IMPORTANT TO RECORD WHILE THE EVENTS ARE FRESH IN YOUR MIND
24 THOSE EVENTS SO THAT MEMORY DOESN’T FADE, CORRECT?
25 A. CORRECT.
26 Q. BECAUSE YOU RECOGNIZE THAT YOUR MEMORY, LIKE ALL OF
27 OURS, FADES WITH TIME; ISN’T THAT CORRECT?
28 A. CORRECT.
4323
1 Q. IN ADDITION TO WRITING REPORTS, WHAT, IF ANYTHING
2 ELSE, HAVE YOU DONE TO ASSIST IN REFRESHING YOUR RECOLLECTION TO
3 TESTIFY TODAY?
4 A. I’M NOT SURE I UNDERSTAND WHAT YOU’RE SAYING.
5 Q. I’LL REPHRASE IT.
6 BEFORE COMING TO COURT TODAY DID YOU REVIEW
7 ANYTHING TO REFRESH YOUR RECOLLECTION?
8 A. I REVIEWED MY REPORTS, I SPOKE ONE-ON-ONE WITH MR.
9 DUSEK. THAT’S PROBABLY ABOUT ALL I DID THIS MORNING.
10 Q. WELL, OTHER THAN THIS MORNING, YOU’VE TESTIFIED ON
11 A NUMBER OF DIFFERENT OCCASIONS IN CONNECTION WITH THIS CASE;
12 ISN’T THAT CORRECT?
13 A. CORRECT.
14 Q. PRIOR TO EACH TIME YOU TESTIFIED YOU WOULD REVIEW
15 DOCUMENTS; IS THAT CORRECT?
16 A. CORRECT.
17 Q. HAVE YOU REVIEWED YOUR PRIOR TESTIMONY PRIOR TO
18 COMING TO COURT TODAY?
19 A. YES, I HAVE.
20 Q. SO, IN ADDITION TO SPEAKING TO MR. DUSEK, IN
21 ADDITION TO REVIEWING YOUR REPORTS, YOU’VE ALSO REVIEWED YOUR
22 PRIOR SWORN TESTIMONY; IS THAT CORRECT?
23 A. THAT’S CORRECT.
24 Q. ANYTHING ELSE YOU KNOW?
25 A. NOT TO THE BEST OF MY KNOWLEDGE, NO.
26 Q. WHAT ABOUT SPEAKING WITH OTHER DETECTIVES, SIR?
27 A. NOT ABOUT THE CASE, SIR. NOT ABOUT MY TESTIMONY.
28 Q. BETWEEN, SAY, THE 4TH OF FEBRUARY AND THE 28TH OF
4324
1 FEBRUARY, DID YOU SPEAK WITH LAW ENFORCEMENT OFFICERS CONCERNING
2 YOUR OBSERVATIONS IN CONNECTION WITH THE CASE?
3 A. YES.
4 Q. WAS THIS CASE KIND OF ONE OF THE BIGGEST ITEMS THAT
5 WAS ON YOUR PLATE AT THE TIME?
6 A. I WOULD SAY SO, YES.
7 Q. AND YOU WERE AWARE, AS WITH ALL OF US, THAT
8 EVERYBODY SEEMED TO BE POINTING AT US, RIGHT?
9 A. POINTING AT US?
10 Q. THE MEDIA FOCUSING ON THE STREET, FOR INSTANCE?
11 A. OH, YOU’RE TALKING ABOUT THE MEDIA FOCUSING ON THIS
12 CASE?
13 Q. YES, SIR.
14 A. YES.
15 Q. HAVE YOU EVER SEEN SO MUCH ATTENTION PAID TO ANY
16 CASE?
17 MR. DUSEK: OBJECTION, IRRELEVANT.
18 THE COURT: SUSTAINED. YOU NEED NOT ANSWER.
19
20 BY MR. FELDMAN:
21 Q. DURING THE COURSE OF YOUR INVESTIGATION, YOU WOULD
22 GO TO EITHER — WELL, WHEN YOU’D GO TO MR. WESTERFIELD’S
23 RESIDENCE OR — WOULD YOU NOTE THE PRESENCE OF CAMERAS?
24 MR. DUSEK: OBJECTION, IRRELEVANT.
25 THE COURT: OVERRULED.
26 YOU MAY ANSWER.
27 THE WITNESS: IN NOTING I TOOK MENTAL NOTE, BUT DID I
28 MEMORIALIZE IT ON A REPORT? NO.
4325
1 BY MR. FELDMAN:
2 Q. ALL RIGHT.
3 DO YOU REMEMBER THE EXISTENCE OF TRUCKS THAT HAD
4 SATELLITE ANTENNAS IN THE AREA OF MR. WESTERFIELD’S RESIDENCE?
5 A. IN THE AREA — IN THE NEIGHBORHOOD AREA, YES, I DO.
6 RIGHT IN FRONT OF MR. WESTERFIELD’S RESIDENCE THAT DAY, I DON’T
7 RECALL THEM BEING THAT CLOSE.
8 Q. AND YOU’RE SAYING THAT DAY. YOU’RE REFERRING TO
9 THE DAY OF THE CONTACT WITH MR. WESTERFIELD, THAT IS THE
10 QUESTION.
11 A. THAT IS CORRECT.
12 Q. I THINK YOU TOLD US ON DIRECT EXAMINATION YOUR
13 FIRST CONTACT WITH THE CASE OCCURRED EARLY IN THE MORNING — I’M
14 SORRY, I CAN’T REMEMBER — IT WAS FEBRUARY 3RD, WAS IT?
15 A. SUNDAY, FEBRUARY 3RD.
16 Q. AND YOU GOT PAGED AT HOME. YOU WERE ASLEEP?
17 A. THAT IS CORRECT.
18 Q. AND YOU WERE DIRECTED TO PROCEED TO THE COMMAND
19 CENTER THAT WAS IN THE AREA OF MR. WESTERFIELD AND THE VAN DAM
20 RESIDENCE, IS THAT RIGHT?
21 A. THAT’S CORRECT.
22 Q. YOU DID SO?
23 A. YES, I DID.
24 Q. WHEN YOU ARRIVED AT THE VAN DAM COMMAND POST WERE
25 YOU BRIEFED ON WHAT WAS HAPPENING?
26 A. I WAS GIVEN A SHORT BRIEFING ON THE FACT THAT
27 DANIELLE WAS MISSING AND WHAT HAD TAKEN PLACE UP TO THAT POINT.
28 Q. I THINK SOMEHOW YOU TOLD US DETECTIVE PARGA WAS
4326
1 YOUR PARTNER. WAS SHE ACTUALLY YOUR PARTNER ON THE 3RD WHEN YOU
2 FIRST STARTED YOUR PARTICIPATION IN THE CASE, SIR?
3 A. YES.
4 Q. DID YOU AND DETECTIVE PARGA, AS YOU TOLD MR. DUSEK,
5 PROCEED THROUGH THE NEIGHBORHOOD IN AN EFFORT TO TRY AND FIND
6 DANIELLE VAN DAM?
7 A. NO. WE DIDN’T — WE DIDN’T SEARCH THE NEIGHBORHOOD
8 LOOKING FOR DANIELLE VAN DAM. WE WENT TO EACH RESIDENCE
9 ELICITING INFORMATION FROM THE NEIGHBORS.
10 Q. BUT THE POINT OF THE EXERCISE WAS TO TRY AND GET
11 INFORMATION AS TO HER LOCATION, RIGHT?
12 A. EXACTLY.
13 Q. AND YOU TOLD US, I THINK, ON DIRECT THAT YOU EVEN
14 WENT SO FAR AS TO GO INTO THE SEWER, THE MANHOLES AND LOOK
15 AROUND?
16 A. I DID.
17 Q. YOU HAD INFORMATION, DID YOU, ON OR ABOUT FEBRUARY
18 3RD, THAT MR. WESTERFIELD WAS ONE OF THE NEIGHBORS THAT WAS NOT
19 HOME IN THE NEIGHBORHOOD, IS THAT RIGHT?
20 A. CORRECT.
21 Q. AND DID YOU AND DETECTIVE PARGA GO TO MR.
22 WESTERFIELD’S HOUSE ON FEBRUARY THE 3RD?
23 A. YES.
24 Q. DID DETECTIVE PARGA OR YOU LOOK IN HIS WINDOWS FOR
25 THE PURPOSE OF DETERMINING WHETHER OR NOT ANYBODY WAS THERE?
26 A. I DID NOT AND I DON’T RECALL WHETHER DETECTIVE
27 PARGA DID OR NOT.
28 Q. OKAY.
4327
1 SO SHE MAY HAVE, YOU JUST DON’T REMEMBER WHETHER OR
2 NOT SHE DID, IS THAT A FAIR STATEMENT?
3 A. THAT’S CORRECT.
4 Q. NOW, IT’S FAIR TO SAY MR. WESTERFIELD WAS VERY
5 COOPERATIVE WITH YOU, ISN’T THAT RIGHT?
6 A. THAT’S CORRECT.
7 Q. WHEN YOU’D ASK HIM A QUESTION HE ANSWERED IT AS
8 BEST HE COULD, OR AT LEAST HE ANSWERED IT; IS THAT CORRECT?
9 A. HE ANSWERED IT.
10 Q. YOU TOLD MR. DUSEK THAT YOU WOULD ASK MR.
11 WESTERFIELD TO GIVE YOU INFORMATION CONCERNING HIS WHEREABOUTS
12 IN THE PREVIOUS DAYS, IS THAT RIGHT?
13 A. THAT’S CORRECT.
14 Q. IT’S CORRECT, ISN’T IT, THAT YOU SPECIFICALLY
15 INDICATED — OR HE SPECIFICALLY INDICATED THAT THE INFORMATION
16 HE WAS PROVIDING WAS ONLY GENERAL INFORMATION AS OPPOSED TO
17 SPECIFIC INFORMATION?
18 A. AS FAR AS TIMES AND SUCH GO?
19 Q. AS FAR AS DETAIL?
20 A. THAT’S — THAT’S FAIR TO SAY. I MEAN, HE — EVEN
21 AT ONE POINT WHEN I ASKED HIM ABOUT TIMES, HE POINTED TO HIS
22 WATCH AND SAYS “THIS IS NOT MORE THAN JEWELRY. I DON’T KEEP UP
23 WITH TIME.”
24 Q. AND YOU DID RECALL ASKING — YOU DO RECALL ASKING
25 MR. WESTERFIELD GENERALLY TO, AT LEAST — I’M SORRY, LET ME PUT
26 IT A DIFFERENT WAY.
27 THEN YOU DO RECALL ASKING MR. WESTERFIELD TO AT
28 LEAST GENERALLY TELL YOU WHAT HIS ACTIVITIES WERE THAT WEEKEND?
4328
1 A. YES, I DID. I MEAN, I ASKED HIM TO BE MORE
2 SPECIFIC, BUT THERE WERE TIMES HE JUST DIDN’T REMEMBER.
3 Q. WELL, MR. DUSEK ASKED YOU A SERIES OF QUESTIONS. I
4 WANT TO PUT A SERIES OF QUESTIONS BACK YOUR WAY WITH REGARD TO
5 YOUR COMMUNICATION, YOUR FIRST COMMUNICATION WITH MR.
6 WESTERFIELD, OKAY?
7 MR. DUSEK ASKED YOU WHETHER OR NOT MR. WESTERFIELD
8 TOLD YOU WHAT SPECIFIC ROUTE HE TOOK. DO YOU RECALL THAT?
9 A. YES.
10 Q. YOU TOLD MR. DUSEK HE DID NOT TELL YOU THAT?
11 A. THAT’S CORRECT.
12 Q. YOU DIDN’T ASK HIM, DID YOU?
13 A. NO, I DIDN’T.
14 Q. MR. DUSEK ASKED YOU WHETHER OR NOT MR. WESTERFIELD
15 TOLD YOU WHERE THE MONEY CAME FROM THAT HE WAS GOING TO USE TO
16 PAY AT THE STRAND. THAT’S CORRECT, ISN’T IT?
17 A. THAT’S CORRECT.
18 Q. YOU DIDN’T ASK MR. WESTERFIELD THAT QUESTION, DID
19 YOU?
20 A. NO, I DID NOT.
21 Q. MR. DUSEK ASKED YOU WHETHER OR NOT HE SAID THE $50
22 CAME FROM THAT HE PAID AT THE STRAND. DO YOU RECALL THAT
23 QUESTION?
24 A. YES, I DID.
25 Q. YOU DIDN’T ASK HIM THAT QUESTION EITHER, DID YOU?
26 A. NO, I DID NOT.
27 Q. MR. DUSEK ASKED YOU WHETHER OR NOT MR. WESTERFIELD
28 TOLD YOU HOW LONG IT TOOK HIM TO GET TO GLAMIS, AND YOU DIDN’T
4329
1 ASK MR. WESTERFIELD HOW LONG IT TOOK HIM TO GET TO GLAMIS, DID
2 YOU?
3 A. I DON’T RECALL ASKING THAT.
4 Q. MR. DUSEK ASKED YOU WHETHER OR NOT MR.
5 WESTERFIELD — MR. DUSEK ASKED YOU WHETHER OR NOT MR.
6 WESTERFIELD TOLD YOU WHY HE WAS GOING TO GLAMIS, BUT YOU DIDN’T
7 ASK HIM THAT QUESTION, DID YOU?
8 A. TO TELL YOU THE TRUTH, I COULDN’T — I CAN’T SAY
9 FOR SURE IF I ASKED HIM WHY HE WAS GOING.
10 Q. WITH REGARD TO — WITH REGARD TO MR. DUSEK’S
11 QUESTION WHEN HE ASKED YOU WHETHER OR NOT MR. WESTERFIELD
12 INDICATED IF HE HAD CONTACTED ANYONE TO GO TO GLAMIS, YOU
13 INDICATED MR. WESTERFIELD DIDN’T SAY ANYTHING ABOUT THAT,
14 CORRECT?
15 A. I BELIEVE I INDICATED THAT HE DID NOT CONTACT
16 ANYBODY.
17 Q. BUT YOU DIDN’T ASK MR. WESTERFIELD WHETHER OR NOT
18 HE CONTACTED ANYBODY, DID YOU?
19 A. I BELIEVE I DID, AND HE STATED THAT NO, HE JUST
20 DECIDED TO GO THAT MORNING.
21 Q. YOU’VE USED THE WORD YOU “BELIEVE” YOU DID.
22 SIR, PRIOR TO COMING TO COURT YOU REVIEWED BOTH
23 YOUR NOTES AND THE REPORTS AND YOUR SWORN TESTIMONY, CORRECT?
24 A. CORRECT.
25 Q. YOU DIDN’T FIND THAT IN ANY OF YOUR REPORTS OR YOUR
26 SWORN TESTIMONY, DID YOU?
27 A. NO, I DID NOT.
28 Q. MR. DUSEK ASKED YOU WHETHER OR NOT WHILE AT GLAMIS
4330
1 MR. WESTERFIELD WAS LOOKING FOR FRIENDS. DO YOU RECALL THAT?
2 A. YES.
3 Q. YOU DID NOT ASK MR. WESTERFIELD WHETHER OR NOT HE
4 WAS LOOKING FOR FRIENDS AT GLAMIS, CORRECT?
5 A. I DID NOT ASK. HE VOLUNTEERED.
6 Q. MR. DUSEK ASKED YOU WHETHER OR NOT MR. WESTERFIELD
7 SAID ANYTHING ABOUT THE WEATHER.
8 YOU DIDN’T ASK MR. WESTERFIELD TO TELL YOU ANYTHING
9 ABOUT THE WEATHER, DID YOU?
10 A. NO.
11 Q. MR. DUSEK ASKED YOU WHETHER OR NOT YOU HAD ASKED
12 ANY QUESTIONS OF MR. — I’M SORRY, LET ME SAY THAT A DIFFERENT
13 WAY.
14 MR. DUSEK ASKED YOU WHETHER OR NOT MR. WESTERFIELD
15 HAD SAID ANYTHING ABOUT A SHOVEL. DO YOU RECALL THAT?
16 A. NO. I DON’T BELIEVE HE ASKED ME THAT. I BELIEVE
17 HE ASKED ME WHAT HE STATED HE DUG THE MOTOR HOME OUT WITH, AND I
18 STATED THAT HE TOLD ME HE HAD A SHOVEL.
19 Q. DO YOU RECALL MR. DUSEK ASKING YOU WHETHER OR NOT
20 MR. WESTERFIELD VOLUNTEERED FOR YOU WHAT TIME IT WAS
21 APPROXIMATELY WHEN HE ARRIVED AT BORREGO?
22 A. I RECALL HIM ASKING ME THAT, YES.
23 Q. BUT YOU DIDN’T ASK MR. WESTERFIELD WHAT TIME IT WAS
24 THAT HE ARRIVED AT BORREGO, DID YOU?
25 A. YES, I DID. AND HE TOLD ME HE DIDN’T KNOW.
26 Q. DID YOU ASK MR. WESTERFIELD WHY HE WENT THE BACK
27 ROUTE THAT HE TOOK?
28 A. I DIDN’T HAVE TO ASK. HE TOLD ME THAT HE WENT THE
4331
1 BACK ROUTE TO AVOID GOING THROUGH JULIAN.
2 Q. BECAUSE HE WAS CONCERNED ABOUT THE WEATHER, IS THAT
3 RIGHT?
4 A. THAT’S CORRECT.
5 Q. NOW, DO YOU RECALL OUR WEATHER, THAT IS, THE SAN
6 DIEGO WEATHER, WE’LL SAY ABOUT THE 20TH OF JANUARY?
7 A. DO I RECALL IT FROM INDEPENDENT RECOLLECTION?
8 Q. YES.
9 A. NO.
10 Q. DO YOU RECALL THERE WAS A HAILSTORM THAT LEFT IN
11 SCRIPPS RANCH AND SABRE SPRINGS A BLANKET OF HAIL THAT ALMOST
12 LOOKED LIKE AN INCH WORTH OF SNOW, DO YOU REMEMBER THAT IN
13 JANUARY?
14 A. NOW THAT YOU’VE MENTIONED IT, I DO REMEMBER, YES.
15 Q. AND DO YOU RECALL WHAT EFFECT THAT HAILSTORM WAS
16 PRETTY — WELL, STRIKE THAT.
17 IT’S CORRECT, ISN’T IT, IN YOUR EXPERIENCE IN SAN
18 DIEGO COUNTY, IT’S PRETTY EXTRAORDINARY FOR US TO HAVE A
19 HAILSTORM THAT WOULD LEAVE AN INCH OR SO WORTH OF HAIL, ISN’T
20 IT?
21 A. I WOULD THINK SO, YES.
22 Q. DID YOU CHECK INDEPENDENTLY WHAT RELEVANCE THAT
23 HAILSTORM HAD ON THE ROAD AT JULIAN?
24 MR. DUSEK: VAGUE, WHEN?
25 THE COURT: SPECIFIC AS TO TIME.
26
27 BY MR. FELDMAN:
28 Q. SPECIFICALLY DIRECTING YOUR ATTENTION TO THE PERIOD
4332
1 OF TIME JANUARY THE 15TH THROUGH JANUARY THE 30TH.
2 MR. DUSEK: OBJECTION, IRRELEVANT.
3 THE COURT: OVERRULED.
4 YOU MAY ANSWER, DETECTIVE, ONCE YOU GET THE
5 QUESTION.
6 MR. FELDMAN: THANK YOU.
7 Q. DID YOU CHECK WHAT THE SNOW CONDITIONS WERE AROUND
8 THE AREA OF JULIAN?
9 A. WHEN?
10 Q. AT ANY TIME, AND SPECIFICALLY FOCUSING YOUR
11 ATTENTION TO DID YOU CHECK BETWEEN, WE’LL SAY, 15 JANUARY AND 30
12 JANUARY?
13 A. NO.
14 Q. DO YOU KNOW WHAT BLACK ICE IS?
15 A. GENERALLY, YES. A THIN COAT OF ICE THAT MAKES THE
16 ROADS VERY, VERY SLIPPERY.
17 Q. IT’S CALLED BLACK ICE BECAUSE YOU CAN’T SEE IT AT
18 NIGHT, RIGHT?
19 A. CORRECT.
20 Q. IT’S VERY VERY DANGEROUS, ISN’T IT?
21 A. YES.
22 Q. AND JULIAN, AT LEAST FOR OUR COMMUNITY, IS THE
23 MOUNTAINS, ISN’T THAT RIGHT?
24 A. YES.
25 Q. AND IF WE’RE GONNA GET SNOW OR WE’RE GONNA GET ICE,
26 WE’RE GOING TO GET IT IN THE AREA OF JULIAN, RIGHT?
27 A. IN THE HIGHER ELEVATIONS, YES.
28 Q. YOU’RE FAMILIAR THAT THE HIGHWAY THAT GOES THROUGH
4333
1 THAT GENERAL AREA IS HIGHWAY 8, IS THAT RIGHT?
2 A. THROUGH JULIAN?
3 Q. WELL, THROUGH AN AREA THAT WOULD ALLOW ONE TO GET
4 TO JULIAN?
5 A. ACTUALLY, I BELIEVE THERE ARE SEVERAL DIFFERENT
6 ROUTES, BUT INTERSTATE 8 IS ONE?
7 Q. YES. I’M REDIRECTING YOUR ATTENTION, SIR, TO 41.
8 YOU HAVE THE POINTER.
9 CAN YOU — DO YOU SEE WHERE JULIAN IS?
10 A. YES. IT’S RIGHT IN THE AREA I’M POINTING TO.
11 MR. FELDMAN: OKAY. SO, FOR THE RECORD, YOUR HONOR, THE
12 WITNESS HAS CIRCLED IN RED ON 41 JULIAN.
13 Q. WE SEE A HIGHWAY THAT’S HIGHWAY 8 THAT RUNS THROUGH
14 OUR COUNTY, IS THAT RIGHT?
15 A. CORRECT.
16 Q. THROUGH EL CAJON?
17 A. YES.
18 Q. IF ONE WANTED TO GO TO JULIAN, ONE MIGHT TAKE
19 HIGHWAY 8 CLOSE TO PINE VALLEY OR HIGHWAY 79 AND THEN GO UP THAT
20 WAY; IS THAT CORRECT?
21 A. THAT’S ONE WAY, YES.
22 Q. AT THE INTERSECTION WHERE ONE MAKES THE DECISION TO
23 EITHER GO NORTH OR EAST THERE’S A — DO YOU KNOW WHAT THE
24 ALTITUDE IS?
25 A. NO.
26 Q. DO YOU KNOW WHETHER OR NOT THAT’S AN AREA IN OUR
27 COMMUNITY WHICH EXPERIENCES A GREAT NUMBER OF AUTOMOBILE
28 ACCIDENTS BECAUSE SAN DIEGANS DON’T KNOW HOW TO DRIVE IN THE
4334
1 SNOW?
2 MR. DUSEK: OBJECTION, SPECULATION.
3 THE COURT: OVERRULED. I THINK EVERYONE THAT LIVES HERE
4 CAN GIVE AN ANSWER TO THAT QUESTION.
5 YOU MAY ANSWER.
6 THE WITNESS: I WOULD SAY EXPERIENCE WOULD TELL ME YES.
7
8 BY MR. FELDMAN:
9 Q. SO IF A PERSON’S DRIVING A BIG RIG, THERE’S REALLY
10 NOTHING UNUSUAL ABOUT THEM TRYING TO AVOID THE POSSIBILITY OF
11 BLACK ICE, IS THERE?
12 MR. DUSEK: OBJECTION, SPECULATION.
13 THE COURT: SUSTAINED. YOU NEED NOT ANSWER.
14
15 BY MR. FELDMAN:
16 Q. IF THE PERSON’S DRIVING A MOTOR HOME, THERE’S
17 NOTHING UNUSUAL ABOUT THEM TRYING TO AVOID THE POSSIBILITY OF
18 BLACK ICE, IS THERE?
19 MR. DUSEK: OBJECTION, SPECULATION.
20 THE COURT: SUSTAINED.
21 YOU NEED NOT ANSWER, DETECTIVE.
22
23 BY MR. FELDMAN:
24 Q. WHEN YOU FIRST ARRIVED AT MR. WESTERFIELD’S
25 RESIDENCE, I THINK YOU TOLD US IT WAS SOMEWHERE 9:20-ISH,
26 BETWEEN 9:20, 9:50. IS THAT A FAIR ESTIMATE OF TIME, SIR?
27 A. I BELIEVE I SAID BETWEEN 9:20 AND 9:30.
28 Q. WHEN YOU FIRST GOT THERE WHAT DID YOU SEE?
4335
1 A. I SAW DETECTIVE MARK TALLMAN AND SERGEANT JOHN WRAY
2 STANDING IN ABOUT THE MIDDLE OF MR. WESTERFIELD’S DRIVEWAY
3 SPEAKING WITH MR. WESTERFIELD. I BELIEVE I SAW DETECTIVE MORRIS
4 STANDING OUT ON THE SIDEWALK SOMEWHERE.
5 Q. OKAY. ANY OTHER OFFICERS WITHIN THE IMMEDIATE
6 VICINITY, SIR?
7 A. NOT THAT I RECALL. TWO OTHER DETECTIVES ARRIVED AT
8 THE SAME TIME I DID.
9 Q. WHO ARE THOSE, WHO WERE THEY?
10 A. DETECTIVE CINDY STETSON AND DETECTIVE MO PARGA.
11 Q. SO, IF I’M COUNTING RIGHT, IT’S DETECTIVE MORRIS,
12 SERGEANT WRAY, DETECTIVE TALLMAN, STETSON, PARGA AND YOURSELF,
13 SIX OFFICERS, IS THAT RIGHT?
14 A. CORRECT.
15 Q. WAS THERE ANYBODY IN UNIFORM?
16 A. NO.
17 Q. DO YOU THINK THE PRESENCE OF SIX OFFICERS MIGHT
18 CAUSE A PERSON TO BECOME A LITTLE BIT NERVOUS?
19 MR. DUSEK: OBJECTION, SPECULATION.
20 THE COURT: SUSTAINED.
21 YOU NEED NOT ANSWER.
22
23 BY MR. FELDMAN:
24 Q. YOU COMMENTED ON DIRECT EXAMINATION THAT IT
25 APPEARED AS THOUGH MR. WESTERFIELD HAD SWEATBANDS UNDER HIS
26 ARMPITS, RIGHT?
27 A. THAT’S CORRECT.
28 Q. YOU TESTIFIED YOU THOUGHT THAT MIGHT BE UNUSUAL
4336
1 BECAUSE IT WASN’T SO HOT OUT, IS THAT RIGHT?
2 A. CORRECT.
3 Q. IN YOUR EXPERIENCE, DON’T PEOPLE SWEAT WHEN SIX OR
4 SEVEN POLICE OFFICERS APPEAR TO WANT TO TALK TO THEM?
5 A. NOT NECESSARILY.
6 Q. DO YOU KNOW WHETHER OR NOT MR. WESTERFIELD HAS ANY
7 BLOOD PRESSURE ISSUES WHICH MAY OR MAY NOT —
8 MR. DUSEK: OBJECTION, SPECULATION.
9 THE COURT: LET’S GET THE WHOLE QUESTION OUT.
10 MR. FELDMAN: THANK YOU.
11 PROCEED, YOUR HONOR?
12 THE COURT: LET’S GET THE QUESTION AND THEN I’LL
13 ENTERTAIN THE OBJECTION.
14 MR. FELDMAN: THANK YOU.
15 Q. DO YOU KNOW WHETHER OR NOT MR. WESTERFIELD HAS ANY
16 BLOOD PRESSURE ISSUES WHICH MAY OR MAY NOT AFFECT THE MANNER IN
17 WHICH HE SWEATS?
18 MR. DUSEK: OBJECTION, SPECULATION.
19 THE COURT: OVERRULED.
20 YOU MAY ANSWER THAT YES OR NO.
21 THE WITNESS: NO.
22
23 BY MR. FELDMAN:
24 Q. MR. DUSEK ASKED YOU WHETHER OR NOT MR. WESTERFIELD
25 TOLD YOU HOW MUCH GAS HE PUT INTO THE MOTOR HOME.
26 DO YOU RECALL THAT QUESTION?
27 A. YES.
28 Q. YOU DIDN’T ASK MR. WESTERFIELD, DID YOU?
4337
1 A. NO.
2 Q. MR. DUSEK ASKED YOU APPROXIMATELY WHAT TIME MR.
3 WESTERFIELD TOLD YOU HE HAD PLACED THE GAS IN THE MOTOR HOME.
4 YOU DIDN’T ASK, DID YOU?
5 A. NO.
6 Q. MR. DUSEK ASKED YOU WHETHER OR NOT MR. WESTERFIELD
7 TOLD YOU HOW FAST HE WAS DRIVING. DO YOU RECALL THAT QUESTION?
8 A. YES.
9 Q. YOU DIDN’T ASK HIM, DID YOU?
10 A. NO.
11 Q. WHEN YOU ASKED MR. WESTERFIELD A QUESTION, HE WOULD
12 GIVE YOU AN ANSWER, ISN’T THAT TRUE?
13 A. NOT ALWAYS A SPECIFIC ANSWER. SOMETIMES HE WAS
14 VAGUE AND OTHER TIMES HE JUST ANSWERED WITH “I DON’T KNOW.”
15 Q. OKAY.
16 AT ANY TIME DID YOU FOLLOW UP YOUR INQUIRY?
17 A. I ASKED HIM SEVERAL TIMES ABOUT SPECIFIC TIMES AND
18 THOSE ARE TIMES WHEN HE’D TELL ME HE JUST DIDN’T KNOW. HE
19 DIDN’T KEEP UP WITH THE TIME.
20 Q. OKAY.
21 OTHER THAN YOUR QUESTIONS CONCERNING TIME, DID YOU
22 ASK FOLLOW-UP QUESTIONS OF MR. WESTERFIELD?
23 A. YOU KNOW, I’M SURE I DID, BUT TO BE SPECIFIC AND
24 TELL YOU WHICH QUESTIONS, I COULDN’T DO THAT RIGHT NOW.
25 Q. BUT THE POINT IS, THOUGH, SIR, ISN’T IT, THAT WHEN
26 MR. WESTERFIELD WAS ASKED HE ANSWERED?
27 A. HE GAVE AN ANSWER?
28 Q. YES.
4338
1 A. IT MIGHT HAVE BEEN “I DON’T KNOW” BUT HE GAVE AN
2 ANSWER.
3 Q. WELL, YOU’D HAVE TO ASK THE QUESTION FOR HIM TO
4 GIVE YOU THE ANSWER “I DON’T KNOW.” THAT’S FAIR, ISN’T IT?
5 A. CORRECT. AND THAT IS AN ANSWER, YES.
6 Q. SO, WITH REGARD TO ALL OF THOSE QUESTIONS MR.
7 DUSEK — I CAN KEEP GOING.
8 WHEN MR. DUSEK ASKED YOU WHETHER OR NOT MR.
9 WESTERFIELD TOLD YOU ANYTHING ABOUT DRY CLEANERS — DO YOU
10 REMEMBER THAT QUESTION?
11 A. YES.
12 Q. — YOU DIDN’T ASK MR. WESTERFIELD ABOUT THE DRY
13 CLEANERS, DID YOU?
14 A. NO.
15 Q. WHEN MR. DUSEK ASKED YOU WHETHER OR NOT MR.
16 WESTERFIELD TOLD YOU WHERE THE PARKING LOT AT THE CAYS WAS, YOU
17 DIDN’T ASK MR. WESTERFIELD WHERE THE PARKING LOT WAS, DID YOU?
18 A. NO. I KNEW WHERE THE CORONADO CAYS WAS.
19 Q. DURING THE COURSE OF YOUR FIRST INTERVIEW WITH MR.
20 WESTERFIELD, YOU DID ASK HIM QUESTIONS CONCERNING WHAT, IF
21 ANYTHING, HAD OCCURRED ON THE FRIDAY NIGHT PRECEDING THE
22 DISAPPEARANCE OF DANIELLE VAN DAM, IS THAT RIGHT, SIR?
23 A. CORRECT.
24 Q. AND SPECIFICALLY YOU ASKED HIM WHAT OTHER, IF ANY
25 OTHER, MEETINGS OR ENCOUNTERS HE HAD HAD WITH BRENDA VAN DAM, IS
26 THAT RIGHT?
27 A. CORRECT.
28 Q. WITH REGARD TO MR. WESTERFIELD’S STATEMENTS, HE
4339
1 TOLD YOU THAT — DID HE NOT, THAT HE HAD MET BRENDA VAN DAM ON
2 APPROXIMATELY THREE OCCASIONS?
3 A. I DIDN’T NECESSARILY SAY “MET” BECAUSE THAT WOULD
4 INDICATE THAT — I MEAN, HE AND HER MET TOGETHER AND SPOKE. HE
5 HAD BASICALLY SAID HE HAD SEEN HER ON THREE — ON TWO OTHER
6 OCCASIONS OTHER THAN THE FRIDAY NIGHT THE 1ST.
7 Q. SIR, DIRECTING YOUR ATTENTION TO A POLICE REPORT
8 AND SPECIFICALLY DIRECTING YOUR ATTENTION TO THE POLICE REPORT
9 DATED 2/5/02, AND MORE SPECIFICALLY DIRECTING YOUR ATTENTION TO
10 PAGE TWO OF THAT REPORT, AND MORE SPECIFICALLY DIRECTING YOUR
11 ATTENTION TO THE BOLDFACED STATEMENT OF DAVID WESTERFIELD,
12 PARAGRAPH THREE, CAN YOU TAKE A LOOK AT THAT, PLEASE?
13 A. SURE.
14 Q. IT’S DISCOVERY 202, COUNSEL.
15 YOU SPECIFICALLY WROTE THAT — WELL, FIRST OF ALL,
16 THE REPORT IS FOUR PAGES LONG. THAT’S A FAIR STATEMENT, ISN’T
17 IT?
18 A. YES.
19 Q. AND YOUR REPORT WAS PRODUCED I GUESS AS A RESULT OF
20 THREE PAGES OF HANDWRITTEN NOTES THAT YOU TOOK DURING YOUR
21 COMMUNICATION WITH MR. WESTERFIELD, IS THAT RIGHT?
22 A. CORRECT.
23 Q. AND AS PART OF YOUR CUSTOM AND PRACTICE, WHEN YOU
24 PREPARE A REPORT YOU INCORPORATE YOUR ROUGH NOTES INTO THE
25 REPORT; IS THAT CORRECT?
26 A. CORRECT.
27 Q. TO MAKE SURE THAT THE REPORT IS ULTIMATELY
28 ACCURATE?
4340
1 A. CORRECT.
2 Q. YOU WROTE IN YOUR REPORT THAT MR. WESTERFIELD SAID
3 “I HAD ONLY MET BRENDA THREE TIMES,” END QUOTE. THAT’S WHAT YOU
4 WROTE, ISN’T IT?
5 A. TRUE.
6 MR. DUSEK: OBJECTION, MISSTATES. THERE’S NO QUOTES.
7 THERE IS OTHER INFORMATION.
8 THE COURT: I THINK HE WAS QUOTING WHAT THE REPORT SAYS.
9 SO IF THAT’S AN OBJECTION, IT’S OVERRULED.
10 YOU MAY ANSWER, DETECTIVE.
11 THE WITNESS: YOU’LL ALSO NOTE JUST ABOVE THE BOLD TYPE
12 WHERE IT SAYS “STATEMENT OF DAVID WESTERFIELD.”
13
14 BY MR. FELDMAN:
15 Q. DID YOU HEAR MY QUESTION? DID YOU HEAR MY
16 QUESTION?
17 A. YES.
18 Q. YOU DID WRITE, ATTRIBUTED TO MR. WESTERFIELD, QUOTE
19 AT THAT PARAGRAPH, QUOTE, “I HAVE ONLY MET BRENDA THREE TIMES,”
20 COMMA, “I THINK.” PERIOD. IS THAT CORRECT?
21 A. AGAIN, IT’S NOT IN QUOTES BUT IT DOES SAY “I HAVE
22 ONLY MET BRENDA” —
23 Q. YOU’RE RIGHT, IT’S NOT IN QUOTES, MEANING YOU
24 DIDN’T PUT IT IN QUOTATIONS. BUT WHAT I’M READING YOU IS
25 VERBATIM THE WORDS THAT YOU WROTE IN THE POLICE REPORT THAT YOU
26 GENERATED FROM YOUR ROUGH NOTES, CORRECT?
27 A. THAT’S TRUE.
28 Q. SO YOU’RE NOT PARTICULARLY — AND IN THE VERY
4341
1 NEXT — OR IN THAT VERY SAME PARAGRAPH MR. WESTERFIELD SAYS “I,”
2 REFERRING TO HIMSELF, “HAVE ONLY MET BRENDA THREE TIMES,”
3 CORRECT?
4 A. CORRECT.
5 Q. IN YOUR NOTES THAT, I GUESS WITH THE PREDICATE OF
6 YOUR REPORT, YOU INDICATE IN YOUR HANDWRITING THAT MR.
7 WESTERFIELD TOLD YOU THAT HE SAW BRENDA AND TWO OF HER
8 GIRLFRIENDS I GUESS AT DAD’S ON THAT FRIDAY NIGHT; IS THAT
9 CORRECT?
10 A. CORRECT.
11 Q. WITH REGARD TO THE INFORMATION THAT MR. WESTERFIELD
12 COMMUNICATED TO YOU, SIR — AND NOW I’M SPECIFICALLY TRYING TO
13 FOCUS YOU ON THE INFORMATION THAT MR. WESTERFIELD GAVE YOU
14 REGARDING AN ENCOUNTER HE HAD WITH BRENDA VAN DAM AND DANIELLE
15 VAN DAM ON THE COOKIE PURCHASE, OKAY?
16 A. OKAY.
17 Q. MR. WESTERFIELD SPECIFICALLY TOLD YOU THAT THE TWO
18 KIDS WERE RUNNING AROUND THE HOUSE, CORRECT?
19 A. CORRECT.
20 Q. HE SPECIFICALLY TOLD YOU, “YOU KNOW HOW KIDS ARE.
21 THEY WERE KIND OF JUMPING ON EVERYTHING,” CORRECT?
22 A. CORRECT.
23 Q. “BOUNCING ON THE COUCH AND RUNNING THROUGH THE
24 HOUSE.” HE TOLD YOU THAT, CORRECT?
25 A. CORRECT.
26 Q. HE ALSO SAID “I THINK THEY EVEN RAN UPSTAIRS. I
27 KNOW THEY WENT OUTSIDE AND WERE RUNNING AROUND THE POOL.”
28 HE MADE THOSE STATEMENTS TO YOU, DID HE NOT?
4342
1 A. YES.
2 Q. IN YOUR REPORT — I’M SORRY. IN YOUR TESTIMONY YOU
3 TOLD US YOU THOUGHT HE MAY HAVE SUGGESTED THAT THE KIDS WENT
4 UPSTAIRS. WHEN YOU WERE TAKING NOTES OF MR. WESTERFIELD’S
5 STATEMENTS, SIR, HE SPECIFICALLY INDICATED THAT THE TWO KIDS
6 WERE RUNNING AROUND IN THE HOUSE AND UPSTAIRS AND IN THE
7 BACKYARD WHILE BRENDA AND DAVE TALKED. THAT’S WHAT YOU WROTE,
8 CORRECT?
9 A. CORRECT.
10 Q. SO ON TWO SEPARATE — I’M SORRY, SO ON AT LEAST ONE
11 OCCASION WHILE YOU — STRIKE THAT.
12 THE FIRST TIME YOU TALKED TO MR. WESTERFIELD
13 CONCERNING HIS ENCOUNTER WITH MRS. VAN DAM REGARDING THE COOKIE
14 SALE, HE TOLD YOU THAT HER CHILDREN WERE UPSTAIRS IN HIS HOUSE?
15 A. THAT WOULD BE CORRECT.
16 Q. AND HIS COMMENT WAS HE DIDN’T GIVE IT MUCH THOUGHT
17 BECAUSE THEY’RE JUST KIDS AND THAT’S THE WAY SOME PEOPLE RAISE
18 THEIR CHILDREN, CORRECT?
19 A. THAT’S CORRECT.
20 Q. SO HIS BASIC POSITION COMMUNICATED TO YOU WAS HOW
21 HUMAN BEINGS RAISE THEIR CHILDREN IS THEIR OWN PRIVATE BUSINESS.
22 HER KIDS WERE WILD THAT DAY?
23 MR. DUSEK: OBJECTION, CALLS FOR SPECULATION.
24 THE COURT: SUSTAINED.
25 YOU NEED NOT ANSWER, DETECTIVE.
26
27 BY MR. FELDMAN:
28 Q. CONCERNING MR. WESTERFIELD’S INVOLVEMENT AT DAD’S
4343
1 THAT FRIDAY NIGHT, YOU ASKED HIM QUESTIONS ABOUT WHAT HE DID, IS
2 THAT RIGHT?
3 A. I THINK I ASKED HIM WHAT HAPPENED AT DAD’S, AND HE
4 KIND OF GAVE ME A NARRATIVE ANSWER.
5 Q. AND WITH REGARD TO THE NARRATIVE ANSWER, HE TOLD
6 YOU THAT HE LEFT THE BAR ABOUT 11:00 OR 11:30, IS THAT RIGHT?
7 A. CORRECT.
8 Q. AND HE WENT DIRECTLY HOME?
9 A. CORRECT.
10 Q. AND THAT HE WENT TO SLEEP?
11 A. THAT’S WHAT HE TOLD ME, YES.
12 Q. PARDON ME?
13 A. THAT’S WHAT HE TOLD ME, YES.
14 Q. HE SAID HE WENT RIGHT TO BED. WENT INSIDE, WENT
15 RIGHT TO BED?
16 A. CORRECT.
17 Q. THEN HE TOLD YOU HE WOKE UP THE NEXT MORNING AND
18 DROVE UP TO HIGH VALLEY TO GET HIS MOTOR HOME, RIGHT?
19 A. CORRECT.
20 Q. DO YOU REMEMBER — I THINK MR. DUSEK ASKED YOU
21 THIS, I’M SORRY. I’M NOT TRYING TO BE REPETITIVE.
22 REMEMBER WITH REGARD TO THE 3RD WHERE WAS THE
23 MEDIA?
24 A. THE 3RD WOULD BE SUNDAY.
25 Q. YES, SIR.
26 A. MOST OF THE MEDIA THAT I REMEMBER SEEING WAS ALL
27 PRETTY MUCH IN FRONT OF THE VAN DAM HOUSE. NOW, BECAUSE OF
28 PARKING, THEIR VANS WERE PARKED ALL — KIND OF UP AND DOWN
4344
1 MOUNTAIN PASS, BUT THE REPORTERS AND CAMERAMEN THAT WERE OUT ON
2 THE FIELD WERE IN FRONT OF THE VAN DAM HOUSE.
3 Q. THE BEST OF YOUR RECOLLECTION YOU CAN RECOLLECT
4 THAT, IS THAT RIGHT?
5 A. ON THE WEST END TOWARDS BRIARLEAF THERE WAS. NOW,
6 WHEN I FIRST ARRIVED, I DROVE FURTHER EAST AND HAD NO PROBLEM
7 PARKING.
8 Q. I’M GOING TO TRY AND FIND US A MAP.
9 THE COURT: EXHIBIT ONE IS RIGHT BEHIND THESE MATERIALS
10 HERE. YOU JUST HAD IT OUT. PULL OUT — SEE THAT? JUST KEEP
11 FLIPPING.
12 MR. FELDMAN: I’M SORRY, YOUR HONOR. I’M TRYING TO GET
13 IT.
14 THE COURT: NO, NO. YOU ALMOST WERE THERE. IN FACT, I
15 SAW IT. RIGHT BEHIND THAT ONE. RIGHT BEHIND THAT ONE. ISN’T
16 THAT IT RIGHT NOW? ONE?
17 MR. FELDMAN: AH, YES. THANK YOU VERY MUCH.
18 THANK YOU, YOUR HONOR.
19 Q. I WANT TO BE CAREFUL NOT TO SMACK ANY OF THE
20 JURORS.
21 I THINK YOU JUST TOLD US THAT YOU DESCRIBED SOME
22 AREAS WHERE THERE WAS MEDIA TRUCKS THAT MIGHT HAVE IMPACTED
23 PARKING, BUT YOU DID NOT HAVE A PROBLEM — I’M JUST ASKING, SIR.
24 CAN YOU SHOW US IN ANY OF THE AREAS THAT ARE
25 DEPICTED IN COURT EXHIBIT ONE WHERE YOU PARKED AND WHERE THE
26 PRESS WAS?
27 MR. DUSEK: VAGUE AS TO WHICH DAY, YOUR HONOR.
28 MR. FELDMAN: 3, THE 3RD.
4345
1 THE COURT: ALL RIGHT.
2 THE WITNESS: ON SUNDAY, THE 3RD.
3
4 BY MR. FELDMAN:
5 Q. YES, SIR.
6 A. WHEN I FIRST ARRIVED, I PARKED PROBABLY IN THE
7 CURVE, KIND OF UP THE HILL EAST OF THE VAN DAM RESIDENCE.
8 Q. I’M SORRY, SIR. YOU’RE POINTING TO PHOTOGRAPH “A”?
9 A. PHOTOGRAPH “A”. MOST OF THIS STREET FROM THIS AREA
10 EAST WERE — WAS EMPTY, AND I PARKED UP HERE.
11 A LOT OF THE MEDIA WAS PARKED ALONG BOTH THE NORTH
12 AND SOUTH SIDE OF THE STREET IN THE 12,000 BLOCK OF MOUNTAIN
13 PASS AND ALSO ON THE CROSS STREET TO BRIARLEAF.
14 Q. CAN YOU SEE IN “A” WHICH IS THE VAN DAM’S AND WHICH
15 HOUSE WOULD BE MR. WESTERFIELD’S?
16 A. MR. WESTERFIELD WOULD BE ON THE SOUTHWEST OR —
17 YES, SOUTHWEST CORNER OF MOUNTAIN PASS AND BRIARLEAF. IT’S THE
18 CORNER HOUSE.
19 Q. WE SEE “DW” ON THE EXHIBIT, RIGHT?
20 A. CORRECT. AND THEN TWO HOUSES TO THE EAST ACROSS
21 THE INTERSECTION WOULD BE THE VAN DAM HOUSE, THE SECOND HOUSE IN
22 FROM THE INTERSECTION.
23 Q. OKAY.
24 NOW I’D LIKE TO DIRECT YOUR ATTENTION TO PHOTOGRAPH
25 “D”. PHOTOGRAPH “D” WE CAN SEE THE VAN DAM RESIDENCE, IS THAT
26 CORRECT?
27 A. THAT’S CORRECT.
28 Q. AND THEN ACROSS THE WAY WE SEE MR. WESTERFIELD’S
4346
1 ADDRESS; IS THAT CORRECT?
2 A. CORRECT.
3 Q. WHERE WERE THE MEDIA ON THAT DATE — I’M SORRY.
4 AS BEST YOU CAN RECOLLECT IT ON THE 3RD WHERE WERE
5 THEY LOCATED? I THINK THIS IS BRIARLEAF.
6 A. MOST OF THE MEDIA TRUCKS THAT I REMEMBER WERE AGAIN
7 ALONG THE SOUTH CURB LINE, THE NORTH CURB LINE AND SOMEWHERE
8 AROUND ON BOTH — BOTH AREAS OF BRIARLEAF. THIS — BOTH SIDES
9 OF THE INTERSECTION WAS MOUNTAIN PASS ON BRIARLEAF. THERE MAY
10 HAVE BEEN ONE OR TWO WEST OF THE INTERSECTION, BUT MOST — THE
11 BIGGEST PORTION OF THEM WERE WITHIN THE 12,000 BLOCK OF MOUNTAIN
12 PASS AND ON THE CROSS STREET TO BRIARLEAF.
13 Q. AND YOU’RE REFERRING, AS YOU’VE BEEN DISCUSSING
14 THIS, TO PHOTOGRAPH “D” IN EXHIBIT ONE, SIR?
15 A. CORRECT.
16 Q. SO IF A PERSON WAS TO PARK, SAY, A MOTOR HOME ON
17 THE 3RD, WAS THERE ANY PLACE TO PARK IT IF THEY LIVED AT THE
18 CORNER OF BRIARLEAF AND MOUNTAIN PASS?
19 A. FURTHER UP BRIARLEAF THERE WOULD HAVE BEEN TO THE
20 SOUTH OF MOUNTAIN PASS, BUT DIRECTLY IN FRONT OF THE RESIDENCE,
21 NO, I DON’T THINK SO.
22 Q. WHAT ABOUT ON THE 4TH?
23 A. ON THE 4TH THERE WAS NO MEDIA VEHICLES AT ALL ON
24 THE CROSS STREET OF BRIARLEAF AT THE SIDE OF MR. WESTERFIELD’S
25 HOUSE.
26 Q. UP THE STREET?
27 A. TO THE SOUTH OF MOUNTAIN PASS THERE WAS NO MEDIA
28 VEHICLES ON BRIARLEAF. THERE WAS MEDIA VEHICLES ON MOUNTAIN
4347
1 PASS TO THE EAST OF BRIARLEAF. I CAN’T RECALL WHETHER THERE WAS
2 MAYBE ONE OR TWO WEST OF BRIARLEAF ON MOUNTAIN PASS, BUT THERE
3 WERE NONE ON THE SIDE OF MR. WESTERFIELD’S HOUSE.
4 Q. TO THE EXTENT MR. WESTERFIELD GAVE YOU DETAIL IN
5 CONNECTION WITH YOUR COMMUNICATION WITH HIM, FOR INSTANCE, THAT
6 HE WENT TO THE CAYS AND PAID SOME MONEY AND HAD A CONTACT WITH A
7 PARK RANGER, DID YOU TRY AND FOLLOW THAT UP? I’M SORRY —
8 SILVER STRAND?
9 A. I DID NOT. ANOTHER DETECTIVE DID, YES.
10 Q. TO THE EXTENT MR. WESTERFIELD TOLD YOU THAT HE WENT
11 TO GLAMIS AND HAD TO GET PULLED OUT OF THE SAND, DID YOU CHECK
12 THAT OUT, SIR?
13 A. AGAIN, IT WAS DONE BUT NOT BY ME.
14 Q. NOW, I THINK YOU TOLD US THAT WHEN YOU GOT TO MR.
15 WESTERFIELD’S RESIDENCE YOU REQUESTED HIM TO GIVE YOU A CONSENT
16 TO SEARCH, ISN’T THAT RIGHT?
17 A. I ASKED HIM IF HE’D BE WILLING TO SIGN ONE, YES.
18 Q. AND YOU GOT FROM HIM A FORMAL SIGNATURE ON A FORMAL
19 DOCUMENT CALLED A CONSENT TO SEARCH FORM, IS THAT RIGHT?
20 A. THAT IS CORRECT.
21 Q. AND THAT CONSENT TO SEARCH GAVE YOU PERMISSION, AND
22 I THINK IT WAS SPECIFIC TO YOU AND MS. PARGA, DETECTIVE PARGA,
23 TO SEARCH WHEREVER BASICALLY YOU WANTED TO; IS THAT CORRECT?
24 A. THAT’S CORRECT.
25 Q. SO MR. WESTERFIELD WAS COOPERATIVE IN THAT REGARD,
26 RIGHT?
27 A. YES.
28 Q. UPON YOUR RECEIVING THE CONSENT TO SEARCH, DID YOU
4348
1 ENTER HIS RESIDENCE?
2 A. YES.
3 Q. DO YOU RECALL WAS IT JUST YOU AND PARGA OR DIDN’T
4 SOMEBODY ELSE COME IN?
5 A. AS I STATED ON DIRECT, I BELIEVE SERGEANT JOHN WRAY
6 ENTERED THE RESIDENCE. HE WALKED AS FAR AS, I BELIEVE, THE
7 KITCHEN OR LAUNDRY ROOM AREA AND STAYED THERE. HE DID NOT WALK
8 ANY FURTHER THROUGH THE RESIDENCE.
9 Q. WELL, WASN’T THERE A PERIOD OF TIME WHEN YOU WERE
10 UPSTAIRS?
11 A. YES.
12 Q. YOU DON’T KNOW WHERE WRAY WAS WHEN YOU WERE
13 UPSTAIRS BECAUSE YOU COULDN’T SEE HIM, RIGHT?
14 A. THAT’S CORRECT.
15 Q. SO YOU DIDN’T KNOW WHERE HE WENT WHILE YOU WERE
16 UPSTAIRS?
17 A. CORRECT.
18 MR. FELDMAN: WHOOPS, JUDGE. I’M SORRY. I HOPE I DIDN’T
19 GET YOU.
20 THE COURT: NO, YOU DIDN’T.
21 MR. FELDMAN: I’M SORRY, I DON’T KNOW WHO IS BETTER, YOU
22 OR THE JURY.
23 ACTUALLY, YES I DO. BUT I’M NOT TELLING.
24 YOUR HONOR, IS THIS AN APPROPRIATE TIME TO RECESS?
25 THE COURT: YES. WE CAN GET ALL THESE EXHIBITS IN ORDER.
26 HOWEVER, MR. FELDMAN, I WOULD ASK THAT YOU GIVE JUROR 18 A
27 FIGHTING CHANCE TO GET BY THERE.
28 MR. FELDMAN: I’M TRYING.
4349
1 THE COURT: OKAY, LADIES AND GENTLEMEN. WE’RE GOING TO
2 GO AHEAD AND TAKE THE NOON RECESS.
3 PLEASE REMEMBER THE ADMONITION OF THE COURT NOT TO
4 DISCUSS ANY OF THE EVIDENCE OR TESTIMONY AMONG YOURSELVES OR
5 WITH OTHER PERSONS NOR FORM NOR DISCUSS ANY IMPRESSIONS OR
6 OPINIONS UNTIL THE CASE IS SUBMITTED TO YOU.
7 HAVE A PLEASANT LUNCH. WE’LL SEE YOU AT 1:30.
8 HALF PAST 1:00, PLEASE.
9 (AT 11:58 A.M. THE NOON RECESS WAS
TAKEN UNTIL 1:30 P.M. OF THE SAME DAY.)
10
11 –O0O–
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28