DAY 5 – SAN DIEGO, CALIFORNIA, TUESDAY, JUNE 11, 2002, 1:30 P.M. (afternoon 1)
WITNESSES:
Johnny Keene (San Diego Detective, robbery unit),
Maura Mekenas-Parga (San Diego Detective, robbery unit)
–O0O–
THE COURT: OKAY. WELCOME BACK, LADIES AND GENTLEMEN.
ALL RIGHT. MR. FELDMAN.
MR. FELDMAN: THANK YOU.
JOHNNY F. KEENE, RESUMED
CROSS-EXAMINATION, CONTINUED
BY MR. FELDMAN:
Q: SIR, I WANT TO MOVE YOU BACK BEFORE WE MOVE FORWARD.
YOU MENTIONED A COMMAND CENTER ON DIRECT EXAMINATION. AND I THINK YOU TOLD US THAT THERE WAS A COMMAND CENTER THAT HAD BEEN SET UP INITIALLY ACROSS THE STREET FROM THE VAN DAM RESIDENCE. IS THAT RIGHT?
A: ABOUT THREE HOUSES, THREE OR FOUR HOUSES TO THE EAST OF THE VAN DAM RESIDENCE ON THE OPPOSITE SIDE OF THE STREET.
Q: WHAT’S THE PURPOSE OF A COMMAND CENTER?
A: IT JUST GIVES LAW ENFORCEMENT A PLACE NEAR THE INCIDENT WHERE THEY CAN SIT DOWN AND WRITE REPORTS, MAYBE HAVE BRIEF MEETINGS. IT’S NOT VERY BIG, SO IT WON’T FIT VERY MANY PEOPLE. BUT IT’S JUST SOME PLACE CLOSE TO THE INCIDENT ITSELF WHERE REPORTS CAN BE WRITTEN, MEETINGS HELD, WHATEVER.
Q: SO DOES THAT MEAN THAT IT’S BASICALLY — IT’S A MEETING PLACE FOR THE OFFICERS THAT ARE ON THE SCENE TO GO MEET WITH EITHER OTHER OFFICERS OR COMMANDERS OR PEOPLE WITH HIGHER RANK, IS THAT A FAIR STATEMENT?
A: THAT’S FAIR.
Q: SO DOES THAT MEAN THAT PEOPLE WOULD GO, FOR INSTANCE, FROM THE VAN DAM RESIDENCE TO THE COMMAND CENTER?
A: I MEAN THEY COULD, BUT IT DEPENDS ON WHAT PURPOSE YOU’RE TALKING ABOUT.
Q: WELL, IN THE COMMAND CENTER WAS IN THE NEIGHBORHOOD, MEANING THE SABRE SPRINGS AREA, I THINK YOU TOLD US IT MOVED AT SOME POINT.
A: THE TRAILER ITSELF WAS LATER MOVED DOWN TOWARDS THE PARK, BUT AS FAR AS THE COMMAND CENTER WHERE I GUESS WHERE WE WERE MEETING EVERY DAY AFTER THAT WAS MOVED TO NORTHEASTERN SUBSTATION.
Q: BUT ANY —
A: THE TRAILER ITSELF STAYED IN THE NEIGHBORHOOD.
Q: IN THE EARLY STAGE OF THE INVESTIGATION, THE COMMAND CENTER WAS ACROSS THE STREET.
A: THE FIRST TWO DAYS, YES.
Q: AND I GUESS THAT MEANS THAT INSTRUCTIONS WERE COMING OUT OF THE COMMAND CENTER TO THE VARIOUS OFFICERS TO DO WHATEVER IT WAS LAW ENFORCEMENT DOES IN A CIRCUMSTANCE LIKE THIS, CORRECT?
A: THAT’S CORRECT.
Q: WHEN THE OFFICERS WOULD CONCLUDE THEIR TASKS, THEY WOULD THEN REPORT BACK TO THE COMMAND CENTER, IS THAT CORRECT?
A: CORRECT.
Q: SO PEOPLE WOULD COME AND GO FROM VARIOUS AREAS THROUGHOUT THE COMMUNITY AS THE INVESTIGATION PROCEEDED TO THE COMMAND CENTER.
A: DEPENDING ON THE LENGTH OF THEIR TASK, THEY MAY LEAVE THE COMMAND CENTER IN THE MORNING AND NOT COME BACK ‘TIL LATER IN THE EVENING.
Q: FOR INSTANCE, IN THE EARLY DAYS OF THE INVESTIGATION, DO YOU KNOW WHETHER OR NOT PEOPLE THAT WERE IN THE VAN DAM RESIDENCE WOULD THEN GO FROM THE VAN DAM RESIDENCE TO THE COMMAND CENTER?
MR. DUSEK: OBJECTION. VAGUE. SPECULATION UNLESS HE WAS THERE.
THE COURT: UNLESS IT’S WITHIN YOUR PERSONAL KNOWLEDGE, DETECTIVE, YOU MAY ANSWER. IF IT GETS WITHIN YOUR KNOWLEDGE, YOU MAY ANSWER.
THE WITNESS: THE ONLY ANSWER I COULD GIVE IS THAT I WAS — DURING THE TIME I WAS AT THE COMMAND CENTER, NO ONE ENTERED THE VAN DAM RESIDENCE.
BY MR. FELDMAN:
Q: WAS THAT AFTER, THOUGH, I THINK YOU TOLD US YOU DIDN’T EVEN GET INVOLVED UNTIL THE 3RD. IS THAT A FAIR STATEMENT?
A: THAT’S RIGHT.
Q: SO YOU DON’T HAVE PERSONAL KNOWLEDGE AS TO WHAT HAPPENED BETWEEN THE 2ND AND THE TIME YOU GOT INVOLVED. IS THAT RIGHT?
A: THAT’S CORRECT.
Q: AND AFTER YOU GOT INVOLVED, DID YOU MOVE FROM THE WESTERFIELD RESIDENCE AT ANY TIME OR THE MOTOR HOME FOR THAT MATTER INTO THE COMMAND CENTER TO REPORT WHAT HAD HAPPENED?
A: NO. BECAUSE BY THE TIME I HAD ENTERED THE WESTERFIELD RESIDENCE, THE COMMAND CENTER WAS NO LONGER AT THE TRAILER THAT HAD BEEN PARKED THERE. IT WAS NOT AT THE NORTHEASTERN SUBSTATION.
Q: AND BY THE TIME YOU ENTERED THE WESTERFIELD RESIDENCE, THAT WAS THE 4TH OF FEBRUARY, IS THAT RIGHT, SIR?
A: THAT’S CORRECT.
Q: SO DOES THAT MEAN — WAS THERE A PARTICULAR AREA AT THE NORTHEASTERN SUBSTATION WHERE COMMAND WOULD GIVE INSTRUCTIONS TO THE TROOPS?
A: IT WAS THE LINEUP ROOM WHICH IS A ROOM PROBABLY ABOUT THREE-FOURTHS THE SIZE OF THIS ROOM.
Q: AND THEN WOULD THE OFFICERS THAT WERE INVOLVED IN THE INVESTIGATION GO TO THE COMMAND AREA AND GET BRIEFED ON WHAT THE DETAILS WERE?
A: YES.
Q: AND HOW OFTEN WOULD THOSE BRIEFINGS OCCUR, DO YOU KNOW?
A: I THINK TYPICALLY WE HAD ONE BRIEFING A DAY. USUALLY TOWARDS THE END OF THE DAY.
Q: ALL RIGHT.
SO AFTER THE OFFICERS HAD DONE THE WORK IN THE FIELD, THEY WOULD COME AND — IS IT BRIEF OR DEBRIEF?
A: I GUESS IT’S WHICHEVER YOU CHOOSE IT TO BE.
Q: BUT THE POINT IS THAT THEY WOULD COMMUNICATE TO COMMAND WHAT THEY HAD LEARNED IN THE FIELD.
A: I GUESS THAT WOULD BE A BETTER WORD, YES.
Q: ALL RIGHT.
(DISCUSSION OFF THE RECORD BETWEEN MR. FELDMAN
AND MR. BOYCE.)
/ / /
BY MR. FELDMAN:
Q: YOU WERE TELLING US BEFORE THE BREAK THAT YOU HAD BEEN COMMUNICATING WITH MR. WESTERFIELD AND THAT YOU HAD OBTAINED HIS WRITTEN CONSENT TO ENTER HIS RESIDENCE. I JUST AM TRYING TO GET RESEQUENCED. OKAY?
A: THAT’S CORRECT.
Q: DURING THE COURSE OF YOUR COMMUNICATION WITH MR. WESTERFIELD, HE ADVISED YOU, DID HE, THAT HE HAD AN EIGHTEEN-YEAR-OLD SON?
A: I BELIEVE HE MENTIONED IT DURING OUR CONVERSATION, YES.
Q: AND HE MENTIONED THAT THAT WAS A SON THAT WAS IN COLLEGE, IS THAT RIGHT?
A: YOU KNOW, I DON’T RECALL IF HE MENTIONED HIS SON BEING IN COLLEGE DURING THAT INITIAL CONVERSATION OR NOT. I KNOW —
Q: HE MENTIONED — I’M SORRY, SIR. I DID NOT MEAN TO INTERRUPT YOU.
A: I KNOW IT CAME UP AT SOME POINT, BUT I DON’T RECALL IF IT WAS IN THAT INITIAL CONVERSATION.
Q: DID HE MENTION THAT HE ALSO HAD A DAUGHTER WHO WAS TWENTY-ONE AND WHO IS A COLLEGE STUDENT?
MR. DUSEK: OBJECTION. RELEVANCE. BEYOND THE SCOPE.
THE COURT: OVERRULED.
YOU MAY ANSWER.
THE WITNESS: HE MENTIONED HAVING A DAUGHTER. I DON’T RECALL HIS MENTIONING AN AGE OR WHAT SHE DID.
BY MR. FELDMAN:
Q: WHEN YOU ASKED MR. WESTERFIELD WHAT HIS OCCUPATION WAS, HE TOLD YOU HE WAS A DESIGN ENGINEER, DIDN’T HE?
A: YES.
Q: AND HE TOLD YOU THAT HE WAS A SELF-EMPLOYED DESIGN ENGINEER, IS THAT RIGHT?
A: YES.
Q: AND DID HE MENTION TO YOU THAT HE HAD PATENTS
A: NOT DURING THE INITIAL CONVERSATION, NO.
Q: AT SOME POINT?
A: AT SOME POINT LATER IN THE DAY, YES.
Q: AND DID YOU CHECK TO SEE WHETHER OR NOT IT WAS THE CASE THAT IN FACT HE HAD PATENTS?
A: I DID NOT, NO.
Q: TO YOUR KNOWLEDGE DID LAW ENFORCEMENT?
MR. DUSEK: OBJECTION. IRRELEVANT. SPECULATION.
THE COURT: SUSTAINED.
YOU NEED NOT ANSWER.
BY MR. FELDMAN:
Q: SIR, ON THE CHART WHICH I TRIED TO CLEAN UP BUT NOW I CAN SEE I CAN’T SEE THE BOTTOM OF IT. SORRY. I’M GOING TO MOVE THIS BACK NOT TO CLUNK YOU BUT TO PROTECT THE JURY AND THE JUDGE.
DIRECTING YOUR ATTENTION —
A: THAT PUTS ME BELOW THE JURY AND THE JUDGE.
Q: DIRECTING YOUR ATTENTION, SIR, TO WHAT’S BEEN MARKED COURT EXHIBIT 29, —
MR. FELDMAN: YOUR HONOR, MAYBE THE COURT CAN MAKE SURE ALL THE JURY CAN SEE THE PHOTOS.
THE COURT: IF YOU CAN’T SEE, LADIES AND GENTLEMEN, JUST RAISE A HAND OR BRING IT TO OUR ATTENTION. THERE YOU GO.
BY MR. FELDMAN:
Q: DIRECTING YOUR ATTENTION TO COURT EXHIBIT 29, DOES THIS BOARD TRULY AND ACCURATELY DEPICT THE CONDITION OF THE WESTERFIELD RESIDENCE WHEN YOU FIRST ENTERED?
A: NO.
Q: SO WHAT WE SEE IN THIS BOARD IS AN ALTERATION OF THE INTERIOR OF MR. WESTERFIELD’S RESIDENCE, SIR?
A: I WOULDN’T CALL IT AN ALTERATION. BUT WHEN I FIRST ENTERED, THE ONLY PIECE OF PAPER I REMEMBER BEING OUT ON THE COUNTER WAS THE PHOTOGRAPH K, THE PIECE OF PAPER — ACTUALLY I TAKE THAT BACK. I DIDN’T NOTICE THAT PIECE OF PAPER UNTIL A SUBSEQUENT VISIT TO THE HOME. WHEN I — MY FIRST ENTRY INTO THE HOME, NONE OF THE PAPERWORK WAS LAYING THERE THAT I REMEMBER.
Q: WHAT ABOUT LOOKING — DIRECTING YOUR ATTENTION TO A, THAT APPEARS TO BE JUST LIKE MAGAZINES THAT ARE ON A COFFEE TABLE, IS IT YOUR TESTIMONY THAT THOSE WEREN’T OUT?
A: I BELIEVE THEY WERE OUT. BUT THEY WERE IN AN ORDERLY FASHION ON THE COFFEE TABLE.
Q: DID YOU, YOURSELF, DO ANYTHING TO ALTER THE ORDER?
A: NO.
Q: DID YOU SEE ANYBODY ALTER THE ORDER?
A: NO.
Q: DID YOU SEE ANYBODY INSIDE THE WESTERFIELD RESIDENCE, I DON’T KNOW, CHANGE ANY OF THE INTERNAL CONDITION BETWEEN THE TIME YOU FIRST ENTERED AND THE TIME YOU LATER ENTERED?
A: NO.
Q: YOU STARTED TO SAY, AND THEN YOU CHANGED, THAT YOU DIRECTED OUR ATTENTION TO EXHIBIT K. YOU SAID YOU THOUGHT THIS PAPER MAY HAVE BEEN OUT. THIS IS THE PAPER THAT BEARS THE NAME DAMON AND BRENDA WITH A PHONE NUMBER ON IT, IS THAT CORRECT?
A: CORRECT.
Q: AND WAS THERE SOMETHING THAT CAUSED YOU TO BELIEVE THAT THAT PAPER MAY HAVE BEEN OUT, SIR?
A: ON A SUBSEQUENT VISIT MR. WESTERFIELD PICKED THAT PIECE OF PAPER UP FROM THE COUNTER RIGHT BELOW THE TELEPHONE AND SHOWED IT TO ME. BUT I DO NOT RECALL SEEING IT ON THE INITIAL VISIT.
Q: YOU GOT THE POINTER THERE. COULD YOU PLEASE SHOW US, I DON’T EVEN KNOW, I CAN’T SEE A TELEPHONE, DO YOU SEE THE TELEPHONE?
A: THE TELEPHONE RIGHT AT THE END OF THE COUNTER IN PHOTOGRAPH D. ALSO IN PHOTOGRAPH C. IT’S AT THE END OF THE COUNTER RIGHT UP AGAINST THE WALL. AND MR. WESTERFIELD PICKED THAT PIECE OF PAPER UP FROM RIGHT ON THE COUNTER NEAR THE PHONE.
Q: NOW, I SEE IN G THERE’S ANOTHER PIECE OF PAPER THAT SAYS DAN CONKLIN, AND IT SAYS GLAMIS.
A: RIGHT.
Q: DIDN’T MR. WESTERFIELD TELL YOU THAT THERE WAS THIS GUY DAN CONKLIN IN GLAMIS THAT HE MIGHT HAVE OWED SOME MONEY TO?
A: HE DID NOT MENTION A NAME. HE DID TELL ME HE OWED MONEY TO THE GENTLEMAN WHO PULLED HIM OUT AT GLAMIS AND THAT THAT GENTLEMAN’S NAME AND ADDRESS WAS ON A PIECE OF PAPER IN HIS HOUSE. HE MENTIONED IT WAS IN HIS UPSTAIRS I THINK OFFICE AREA.
Q: OKAY.
LOOKING AT EXHIBIT B. DOES EXHIBIT B ACCURATELY DEPICT THE CONDITION OF THE RESIDENCE WHEN YOU ENTERED?
A: FROM WHAT I CAN SEE IN PHOTOGRAPH B, YES. AGAIN, EVERYTHING WAS ORDERLY. THINGS LAYING ON THE TOP OF THE TABLE WERE — MAGAZINES WERE LAID ORDERLY.
Q: JUST WANT TO DIRECT YOUR ATTENTION TO THIS PORTION THAT I’M POINTING TO WHICH IS THE LOWER LEFT CORNER FOR THE RECORD OF 29-B AND ASK YOU — I CAN’T EVEN TELL WHAT THAT IS. CAN YOU DESCRIBE FOR US WHAT THAT IS, SIR?
A: I REALLY CAN’T TELL. LOOKS LIKE MAGAZINES OR PAPERS OF SOME SORT. LOOKS LIKE A DRINKING CUP OF SOME KIND.
Q: OKAY.
YOU DON’T HAVE A SPECIFIC RECOLLECTION OF INVENTORYING THE CONTENTS OR IS THAT SOMEONE ELSE’ TASK?
A: NO, I DID NOT INVENTORY. AND I DID NOT RECALL THOSE THINGS AGAIN LAYING OUT LIKE THAT ON MY INITIAL VISIT.
Q: WE DON’T SEE IN 29 A STAIRWELL THAT LEADS TO THE SECOND STORY, DO WE?
A: NO, WE DON’T.
Q: SIR, I’M NOW TRYING TO DIRECT YOUR ATTENTION TO WHAT’S BEEN PREVIOUSLY MARKED 46. SPECIFICALLY DIRECTING YOUR ATTENTION TO PHOTOGRAPH A, SIR. IS THIS THE I GUESS THE DOOR THAT LEADS INTO MR. WESTERFIELD’S BEDROOM?
A: YES, IT IS.
Q: AND DOES A ACCURATELY DEPICT — LET ME JUST GENERALIZE. DO ALL THE PHOTOGRAPHS ON 46 ACCURATELY DEPICT THE CONDITION OF THE RESIDENCE UPON YOUR FIRST ENTRY?
A: NO.
Q: DO ANY OF THE PHOTOGRAPHS IN 46 ACCURATELY DEPICT THE CONDITION OF THE RESIDENCE DURING YOUR FIRST ENTRY?
A: PHOTOGRAPHS G AND H I WOULD SAY PROBABLY CLOSELY DO. THE CLOSET. THE WALK-IN CLOSET.
Q: BUT YOU DON’T HAVE A SPECIFIC RECOLLECTION?
A: ACTUALLY F, G, AND H.
Q: F, G, AND H, RIGHT, SIR?
A: YES.
Q: AND THESE, F, G, AND H, ARE THE PHOTOGRAPHS WHICH DEPICT APPARENTLY A CLOSET IN MR. WESTERFIELD’S RESIDENCE.
A: CORRECT. THE CLOSET IN THE UPSTAIRS MASTER BATHROOM, IT’S A WALK-IN CLOSET.
Q: YOU TOLD US MR. WESTERFIELD GAVE YOU PERMISSION TO ENTER THE RESIDENCE. IS THAT RIGHT, SIR?
A: THAT’S CORRECT.
Q: AND YOU APPARENTLY CAME UP THE STAIRS. IS THAT RIGHT?
A: YES.
Q: AND YOU WALKED — DID YOU SEE A PHOTOGRAPH OF THE CHILDREN’S ROOMS? DO YOU RECALL SEEING THAT TODAY?
A: NO. I SAW IT ON THE DIAGRAM, BUT NOT — I DON’T RECALL SEEING A PHOTOGRAPH.
Q: DIRECTING YOUR ATTENTION TO 46. I’M SORRY. 44. DOES 44 APPEAR TO BE THE DIAGRAM THAT YOU JUST MADE REFERENCE TO, SIR?
A: YES.
Q: AND DOES THIS DEPICT THE UPSTAIRS AREA OF MR. WESTERFIELD’S RESIDENCE?
A: YES.
Q: IF YOU COULD, PLEASE, TAKE THE POINTER AND JUST — LET ME TIE THIS THING DOWN.
CAN YOU SHOW US, PLEASE, SIR, WHERE DID YOU — WHERE DID YOU FIRST COME UP ONTO THE SECOND FLOOR?
A: THERE’S A STAIRWELL RIGHT IN THIS AREA.
Q: OKAY.
WAS DETECTIVE PARGA WITH YOU; WAS SHE IN FRONT OF YOU; WAS SHE BEHIND YOU? DO YOU RECALL?
A: SHE WAS WITHIN A FEW, YOU KNOW, A FOOT OR TWO OF ME; BUT I DON’T RECALL WHICH ONE OF US CAME UP FIRST.
Q: HAD YOU SPOKEN ABOUT — I THINK YOU TOLD US OFFICER WRAY WAS DOWNSTAIRS.
A: SERGEANT WRAY WAS DOWNSTAIRS.
Q: SERGEANT WRAY.
WHERE DID YOU FIRST GO IN THE UPSTAIRS?
A: WHEN WE FIRST ENTERED THE UPSTAIRS, WE CAME UP AND WENT TO THE LEFT INTO WHAT’S DESIGNATED AS THE DEN.
Q: ALL RIGHT.
NOW, IN THAT DEN YOU TOLD US THERE WAS A TELEVISION SET. IS THAT RIGHT?
A: I BELIEVE SO, YES.
Q: THEN WHERE — DID BOTH YOU AND DETECTIVE PARGA ENTER THAT ROOM?
A: YES.
Q: HOW LONG DO YOU THINK YOU STAYED IN THERE?
A: IN THE ROOM ITSELF, A MINUTE, MINUTE AND A HALF.
Q: WHAT DID YOU DO IN THE MINUTE OR MINUTE AND A HALF?
A: CURSORY SEARCH, JUST BASICALLY LOOKED AROUND THE ROOM.
Q: WELL, HOW BIG’S THE ROOM?
A: I BELIEVE IT’S PROBABLY ABOUT A NINE-BY-TEN, SOMETHING ALONG THOSE LINES.
Q: AND YOU THINK IT TOOK THE TWO OF YOU A MINUTE AND A HALF TO DO A CURSORY SEARCH OF THAT ROOM?
A: WELL, WE — I STATED WE WERE IN THE ROOM FOR A MINUTE AND A HALF. THAT DOESN’T MEAN WE WERE SEARCHING THE ENTIRE MINUTE AND A HALF. I MEAN WE WALKED IN, STOOD, LOOKED AROUND.
Q: OKAY.
ANYTHING ELSE?
A: NOT THAT I RECALL, NO.
Q: AND WHAT WERE YOU LOOKING AROUND FOR, SIR?
A: ANYTHING THAT WOULD INDICATE THAT DANIELLE VAN DAM MAY HAVE BEEN IN THAT RESIDENCE.
Q: DIDN’T SEE ANYTHING LIKE THAT, DID YOU?
A: NO.
Q: AFTER YOU AND DETECTIVE PARGA CONCLUDED THE TIME YOU SPENT IN THE ROOM THAT’S DESCRIBED AS A DEN, CAN YOU TELL US WHERE YOU WENT NEXT, PLEASE?
A: WE EXITED THAT ROOM AND WALKED THROUGH THE HALLWAY. MR. WESTERFIELD THEN IDENTIFIED THE NEXT ROOM IN ORDER AS BEING HIS SON’S BEDROOM. I DON’T RECALL ACTUALLY WALKING INTO THAT ROOM. I THINK DETECTIVE PARGA MAY HAVE. BUT I THINK SHE WALKED IN, JUST KIND OF GLANCED AROUND, AND MAYBE SPENT LESS THAN A MINUTE IN THERE AND WALKED BACK OUT.
Q: DO YOU RECALL SEEING A COMPUTER IN THAT ROOM, MEANING THE BEDROOM?
A: I DON’T RECALL.
Q: WHERE DID YOU GO NEXT?
A: FROM THERE WE CONTINUED THROUGH THE UPSTAIRS HALLWAY AND WALKED INTO WHAT’S DESIGNATED AS THE OFFICE.
Q: OKAY.
IN THE OFFICE HOW LONG DO YOU THINK YOU GUYS STAYED IN THE OFFICE?
A: I THINK WE WERE PROBABLY IN THE OFFICE FOR TWO TO THREE MINUTES. I RECALL MR. WESTERFIELD SITTING DOWN AT ONE OF HIS COMPUTERS AND TRYING TO FIND A PHONE NUMBER ON A COMPUTER. AND HE WASN’T ABLE TO FIND IT RIGHT AWAY, AND WE EXITED THE ROOM.
Q: OKAY.
WITH REGARD TO THE PHONE NUMBER, HAD YOU ASKED HIM FOR A PHONE NUMBER?
A: I THINK IT WAS A PHONE NUMBER — IT WASN’T SOMETHING SPECIFIC WE ASKED HIM FOR. IT WAS — I TAKE THAT BACK. HE HAD EARLIER MENTIONED MEETING SOMEBODY NAMED GARRY AT DAD’S BAR.
Q: UH-HUH.
A: AND HE HAD MENTIONED THAT HE HAD GARRY’S PHONE NUMBER, SO WHILE WE WERE IN THAT ROOM, WE ASKED HIM AGAIN YOU SAID YOU HAD GARRY’S PHONE NUMBER, AND HE ATTEMPTED TO FIND IT ON HIS COMPUTER.
Q: OF COURSE YOU LATER LEARNED THAT WAS GARRY HARVEY, RIGHT?
A: CORRECT.
Q: DID YOU LOOK IN THE COMPUTERS AT THAT TIME?
A: NO.
Q: DID EITHER YOU OR DETECTIVE PARGA LOOK AROUND THE BOOKCASES?
A: I’M SURE WE PROBABLY GLANCED AROUND THEM. WE DIDN’T REMOVE ANYTHING OR —
Q: DID EITHER YOU OR DETECTIVE PARGA GET ON YOUR HANDS AND KNEES TO LOOK AROUND?
A: NO.
Q: AT ANY TIME?
A: I DID NOT. AND I DON’T BELIEVE DETECTIVE PARGA DID.
Q: YOU KNOW, MY QUESTION WAS SO BROAD IT PROBABLY INCLUDED THE SEWER TRIP.
A: WELL, IF IT INCLUDED THAT, EVEN THEN I DIDN’T GET ON MY HANDS AND KNEES. I WALKED DOWN THE LADDER AND STOOD ON MY FEET.
Q: AND SHINED THE FLASHLIGHT?
A: CORRECT. I WAS ABLE TO — THE OFFSHOOTS FROM THE SEWER WERE HIGH ENOUGH THAT I WAS ABLE TO JUST SQUAT DOWN AND LOOK THROUGH THEM.
Q: AFTER YOU EXITED WHAT APPEARS TO BE THE OFFICE, — I’M SORRY, YOU TOLD ME, AND I FORGOT, SORRY. HOW LONG WERE YOU IN THE OFFICE?
A: I’M GUESSTIMATING MAYBE TWO OR THREE MINUTES.
Q: ALL RIGHT.
AFTER YOU WERE DONE IN THE OFFICE, WHERE DID YOU GO NEXT, SIR?
A: FROM THE OFFICE WE THEN ENTERED WHAT IS — WHAT MR. WESTERFIELD DESCRIBED AS HIS BEDROOM, THE MASTER BEDROOM.
Q: AND YOU LOOKED AROUND THE MASTER BEDROOM, DID YOU?
A: JUST GLANCED AROUND, YES.
Q: WELL, I SHOWED YOU THE PREVIOUS CHART WHICH WE CAN SEE SAYS WESTERFIELD RESIDENCE MASTER BEDROOM. ALL I WANT TO ASK IS WHETHER OR NOT YOU LOOKED AROUND THE AREAS THAT ARE DEPICTED IN 46.
A: YES.
Q: DIRECTING YOUR ATTENTION TO THE AREA WHERE THERE’S THE CLOSET WHICH IS EITHER F, G, OR H, WAS THAT KIND OF A SMALL ROOM OFF THE MASTER BEDROOM?
A: IT’S OFF OF THE MASTER BEDROOM/BATHROOM, YES.
Q: AND THERE WAS A SMALL ROOM RATHER — ACTUALLY THERE IS A SMALL ROOM KIND OF OFF THE MASTER BEDROOM, ISN’T THERE?
A: THE BATHROOM AREA, YES.
Q: WELL, NO. OTHER THAN THE BATHROOM AREA, KIND OF A SORT OF A CLOSET.
A: THERE APPEARS TO BE IN THE DIAGRAM, YES. I DON’T RECALL ACTUALLY LOOKING IN THAT CLOSET.
Q: ALL RIGHT.
A: ACTUALLY IT APPEARS THAT CLOSET OPENS INTO THE OFFICE AREA.
Q: DID YOU LOOK AROUND, THOUGH, THE AREAS THAT WE SEE IN 44 IN WHAT YOU DESCRIBED AS THE MASTER BEDROOM OR WHAT MR. WESTERFIELD DESCRIBED TO YOU AS THE MASTER BEDROOM?
A: YEAH. AGAIN WE JUST GLANCED AROUND.
Q: DID YOU ALSO CHECK THE CLOSET THAT APPEARS TO BE, I DON’T KNOW, SOMEHOW NEXT TO OR ADJACENT TO WHAT APPEARS TO BE THE BATHROOM?
A: WE INITIALLY JUST GLANCED IN THERE AND THEN WALKED AWAY. AND THEN MR. WESTERFIELD REDIRECTED OUR ATTENTION TO THAT CLOSET.
Q: OH, TO MAKE SURE THAT YOU HAD THE OPPORTUNITY TO SEARCH WHAT HE HAD GIVEN YOU THE CONSENT TO DO, IS THAT RIGHT?
A: CORRECT.
Q: AND THEN WE SEE SOMETHING CALLED STORAGE IN 44. WHAT’S THAT?
A: THAT IS ACTUALLY A HIDDEN STORAGE AREA. IN THE PREVIOUS EXHIBIT THERE WAS — YOU SEE A CLOSET WITH A RACK HANGING ON IT WITH SEVERAL SHOES. IN 46-H. THERE’S A RACK WITH SEVERAL SHOES, AND THAT IS ACTUALLY A DOOR THAT OPENS TO THIS STORAGE AREA.
Q: ALL RIGHT.
AND DID YOU CHECK THE STORAGE AREA?
A: YES.
Q: NOW, DID THAT COMPLETE, AS FAR AS YOU WERE CONCERNED, YOUR I’LL SAY INSPECTION OF THE UPSTAIRS?
A: WELL, IT WOULD HAVE EXCEPT FOR AS WE WALKED OUT OF THE MASTER BEDROOM BACK INTO THE UPSTAIRS HALLWAY, MR. WESTERFIELD ALSO SUGGESTED THAT WE MAY WANT TO LOOK IN THE ATTIC. AND HE RAN AND GRABBED THE LADDER.
Q: SO MR. WESTERFIELD WAS POINTING OUT AREAS IN HIS HOUSE THAT YOU’VE MISSED, —
A: TRUE.
Q: — IS THAT RIGHT?
A: YES.
Q: AND DID HE MAKE AVAILABLE TO YOU A LADDER?
A: YES.
Q: AND AS A RESULT OF HIM MAKING AVAILABLE A LADDER, DID YOU CHECK AN AREA THAT YOU OTHERWISE MIGHT NOT HAVE HAD THE OPPORTUNITY TO CHECK?
A: YES.
Q: HOW MUCH TIME WOULD YOU ESTIMATE IN TOTAL YOU WERE INSIDE THE HOUSE?
A: I WOULD GUESS TEN, FIFTEEN MINUTES TOTAL.
Q: YOU TOLD US THAT YOU WENT DOWNSTAIRS INTO THE GARAGE AT SOME POINT. ISN’T THAT RIGHT, SIR?
A: CORRECT.
Q: WHEN YOU WENT INTO THE GARAGE, YOU DIDN’T NOTICE ANYTHING UNUSUAL, ANY UNUSUAL ODORS, DID YOU?
A: I DID NOT.
Q: AND YOU WERE INSPECTING THE GARAGE FOR THE PURPOSE OF DETERMINING WHETHER OR NOT THERE WAS EVIDENCE OF A CRIME, IS THAT RIGHT?
A: CORRECT. AND I ONLY — OF COURSE I ONLY LOOKED ON THE WEST SIDE OF THE GARAGE, THE WEST HALF.
Q: HOW BIG IS THE GARAGE?
A: IT’S A TWO-CAR GARAGE.
Q: DOES IT HAVE A DOOR?
A: IT HAS TWO DOORS.
Q: IS ONE A SIDE DOOR LEADING TO I GUESS THE BACKYARD AREA OR SIDE YARD?
A: I’M SORRY. IT WOULD HAVE THREE DOORS. ONE GOING FROM THE INSIDE OF THE HOUSE INTO THE GARAGE, ONE GOING FROM THE GARAGE OUT TO THE SIDE YARD, AND THEN THE LARGE ROLLING DOOR GOING OUT TO THE DRIVEWAY.
Q: DO YOU RECALL WHETHER OR NOT THE ROLL-UP DOOR WAS OPEN BEFORE YOU ENTERED?
A: IT WAS NOT.
Q: WAS IT OPENED TO ALLOW YOU TO ENTER?
A: NO. WE ENTERED FROM THE INSIDE OF THE HOUSE.
Q: OKAY.
WHEN YOU ENTERED FROM INSIDE THE HOUSE, DO YOU RECALL WHETHER OR NOT THE DOOR THAT LED INTO THE SIDE YARD WAS OPEN OR CLOSED?
A: I BELIEVE IT WAS CLOSED.
Q: SO IT WAS ESSENTIALLY A CONTAINED ROOM, IS THAT RIGHT?
A: CORRECT.
Q: AND WITHIN THE CONTAINED ROOM YOU CHECKED A PARTICULAR AREA, IS THAT RIGHT?
A: CORRECT.
Q: AND YOU DIDN’T SMELL ANYTHING UNUSUAL?
A: I DID NOT, NO.
Q: AT THE SAME TIME DETECTIVE PARGA WAS SEARCHING THIS, GENERALLY IN THE SAME AREAS YOU WERE, ISN’T THAT CORRECT?
A: SHE WAS SEARCHING THE EAST HALF OF THE GARAGE WHERE THE 4RUNNER WAS PARKED.
Q: AND WHAT WOULD YOU ESTIMATE TO BE THE SIZE OF THE GARAGE, SIR?
A: TWO-CAR GARAGE.
Q: OKAY.
IN THE HOUSE YOU NOTICED NO ODOR OF CLEANING FLUID OR ANY — CLEANING SOLUTION OR ANYTHING LIKE THAT, IS THAT CORRECT?
A: THAT’S CORRECT.
Q: THEN YOU TOLD US THAT YOU ASKED PERMISSION OF MR. WESTERFIELD TO PERMIT YOU TO SEARCH THE MOTOR HOME, IS THAT RIGHT?
A: CORRECT.
Q: AND I THINK YOU TOLD US THAT MR. WESTERFIELD THEN WAS ALLOWED TO DRIVE HIS VEHICLE FROM HIS HOME TO I THINK YOU CALL IT HIGH VALLEY. IS THAT RIGHT?
A: I WOULDN’T SAY HE WAS ALLOWED TO. HE VOLUNTEERED TO.
Q: AND DID YOU OFFER TO DRIVE HIM
A: NO.
Q: DID YOU OFFER TO FOLLOW HIM?
A: I TOLD HIM I WOULD FOLLOW HIM, YES.
Q: ALL RIGHT.
AND HOW MANY PEOPLE FOLLOWED HIM?
A: MYSELF AND DETECTIVE PARGA WERE IN MY VEHICLE. SERGEANT WRAY, DETECTIVE STETSON, AND DETECTIVE MORRIS.
Q: FIVE OFFICERS?
A: FOUR VEHICLES.
Q: FOUR VEHICLES, FIVE OFFICERS?
A: CORRECT.
Q: AND HOW MANY VEHICLES HAD BEEN OUTSIDE HIS HOUSE, IF YOU RECALL, WHEN YOU WERE INSIDE THE HOUSE AS YOU CAME OUT?
A: WELL, EACH OF THE DETECTIVES THAT I NAMED EACH HAD THEIR OWN VEHICLE.
Q: AND HAD THE MEDIA MOVED IN? THAT’S NOT ARTFULLY PHRASED. LET ME WITHDRAW THAT.
DID YOU SEE THE MEDIA MOVE IN YOUR DIRECTION THE LONGER YOU SPENT IN THE AREA OF MR. WESTERFIELD’S RESIDENCE?
A: I DON’T RECALL SEEING THE MEDIA AROUND HIS RESIDENCE ON MY INITIAL VISIT TO HIS HOUSE. I BELIEVE THEY DIDN’T SHOW UP UNTIL THE SECOND TIME WE WERE AT HIS HOUSE.
Q: BUT YOU DO RECALL THAT THE MEDIA WAS PRESENT UP THE STREET PERHAPS OR DOWN THE STREET.
A: AT THE VAN DAM HOUSE, YES.
Q: AND DO YOU RECALL HOW MUCH MEDIA?
A: NO.
Q: COULD YOU GENERALIZE IT OR CHARACTERIZE IT AS A LOT, A LITTLE, A MEDIUM AMOUNT?
A: QUITE HONESTLY, I WASN’T PAYING ATTENTION TO WHAT WAS GOING ON FURTHER DOWN THE BLOCK AT THAT PARTICULAR TIME.
Q: OKAY.
(DISCUSSION OFF THE RECORD AMONG THE DEFENSE.)
BY MR. FELDMAN:
Q: WHEN YOU WERE IN THE GARAGE, SIR, DO YOU RECALL WHETHER OR NOT MR. WESTERFIELD OPENED THE GARAGE DOOR SO THAT AT LEAST IT ALLOWED MORE LIGHT IN?
A: I BELIEVE HE OPENED THE ROLL-UP DOOR AS WE ENTERED THE GARAGE FROM THE HOUSE.
Q: ALL RIGHT.
AND DID THAT ILLUMINATE?
A: TO SOME EXTENT, YES.
Q: NOW, YOU TOLD US THAT WHEN YOU ENTERED MR. WESTERFIELD’S BEDROOM, HE TOLD YOU THAT HIS BED HADN’T BEEN MADE. IS THAT RIGHT?
A: HE APOLOGIZED FOR IT NOT BEING MADE, AND HE EXPLAINED THAT HE HAD STRIPPED THE BED BEFORE HE WENT TO THE DESERT.
Q: AND HE TOLD YOU THAT HE HAD PUT THE LINEN IN THE WASH AND HAD NOT REMADE HIS BED YET, ISN’T THAT TRUE?
A: I DON’T RECALL HIM TELLING ME THAT. I JUST RECALL HIM SAYING THAT HE HAD STRIPPED IT BEFORE HE WENT TO THE DESERT.
Q: SIR, DIRECTING YOUR ATTENTION TO YOUR REPORT, I THINK IT’S THE MARCH 5TH REPORT, PAGE 2, SECOND PARAGRAPH. IT IS THE MARCH 5TH REPORT.
MR. FELDMAN: AND, COUNSEL, IT’S DISCOVERY 1,512.
THE WITNESS: OKAY.
BY MR. FELDMAN:
Q: IT’S CORRECT, IS IT NOT, THAT AS YOU ENTERED MR. WESTERFIELD’S BEDROOM, THE MASTER BEDROOM, HE APOLOGIZED FOR HIS BED BEING UNMADE?
A: CORRECT.
Q: AND IT’S CORRECT HE STATED THAT HE HAD STRIPPED THE BED PRIOR TO GOING TO THE DESERT, IS THAT CORRECT?
A: CORRECT.
Q: AND HE SAID HE HAD PUT THE LINEN IN THE WASH AND HAD NOT REMADE HIS BED YET, CORRECT?
A: CORRECT.
Q: AND HE AGAIN APOLOGIZED FOR IT NOT BEING MADE, CORRECT?
A: CORRECT.
Q: NOW, DID YOU SAY SOMETHING TO HIM LIKE, GEE, THE BED LOOKS MADE TO ME?
A: NO.
Q: BECAUSE IN FACT THE BED WAS UNMADE, ISN’T THAT TRUE?
A: IT WAS MADE TO THE POINT THAT THERE WERE SHEETS ON IT, BUT THERE WAS NO COMFORTER ON IT.
Q: WHEN THE DECISION WAS MADE TO GO TO THE MOTOR HOME I THINK YOU TOLD US — YOU TOLD US THERE WERE FIVE OFFICERS IN FOUR CARS, AND YOU ALL DROVE UP TO HIGH VALLEY.
A: CORRECT.
Q: WHEN YOU GOT TO HIGH VALLEY, I GUESS MR. WESTERFIELD OPENED THE DOOR AND ALLOWED YOU ALL TO ENTER, IS THAT CORRECT?
A: AFTER WE HAD LOOKED THROUGH THE OUTSIDE COMPARTMENTS OF THE MOTOR HOME, THEN HE THEN OPENED THE DOOR, YES.
Q: NOW, SIR, YOU SAID ON DIRECT EXAMINATION THAT YOU HAD BEEN WEARING GLOVES, YOU PUT SOME GLOVES ON.
A: CORRECT.
Q: YOU’VE TESTIFIED ON TWO PRIOR OCCASIONS AT LEAST IN THIS CASE, ISN’T THAT TRUE?
A: CORRECT.
Q: YOU’VE PREPARED A NUMBER OF DIFFERENT REPORTS, ISN’T THAT TRUE?
A: CORRECT.
Q: YOU’VE GOT ROUGH NOTES THAT YOU PREPARED, ISN’T THAT TRUE?
A: CORRECT.
Q: WHERE IN THAT DID YOU INDICATE PREVIOUS TO TODAY THAT YOU HAD GLOVES ON?
A: I DIDN’T INDICATE THAT.
Q: OH. SO THE FIRST TIME YOU’VE EVER TOLD ANYBODY YOU HAD GLOVES ON WAS TODAY, IS THAT CORRECT?
A: I’M SURE I’VE MENTIONED IT PRIOR TO THIS TO MR. DUSEK. BUT, AGAIN, I DON’T WRITE EVERY SINGLE DETAIL IN MY REPORTS.
Q: WELL, WHY WOULD IT MATTER TODAY AS OPPOSED TO WE’LL SAY IN MARCH THAT YOU WERE WEARING GLOVES WHEN YOU ENTERED THE MOTOR HOME?
MR. DUSEK: OBJECTION. ARGUMENTATIVE.
BY MR. FELDMAN:
Q: HOW WOULD THAT MAKE A DIFFERENCE?
MR. DUSEK: SPECULATION.
THE COURT: AT THIS POINT IN TIME OVERRULED.
YOU MAY ANSWER.
THE WITNESS: I WAS SIMPLY ASKED THE QUESTION ON DIRECT IF I WAS WEARING GLOVES, AND I ANSWERED YES, I WAS.
BY MR. FELDMAN:
Q: WELL, WHAT WOULD THE REASON FOR WEARING GLOVES BE?
A: SO THAT I DON’T LEAVE MY FINGERPRINTS IN ANY PLACE THAT POTENTIALLY WE MAY WANT TO GET FINGERPRINTS LATER.
Q: IT’S NOT JUST FINGERPRINTS, IT’S BEYOND FINGERPRINTS, IT’S AN ISSUE OF TRANSFER OF TRACE EVIDENCE, ISN’T THAT CORRECT, SIR?
MR. DUSEK: OBJECTION. ARGUMENTATIVE.
THE COURT: OVERRULED.
YOU CAN ANSWER THAT.
THE WITNESS: THAT WOULD BE FAIR TO SAY.
BY MR. FELDMAN:
Q: AND TRACE EVIDENCE, YOU’RE AWARE, BASED ON YOUR TRAINING AND EXPERIENCE, CAN BE MOVED FROM ONE PLACE TO ANOTHER INADVERTENTLY, CORRECT?
A: TRUE.
Q: AND SO WHAT YOU’RE TELLING US TODAY, ONE OF THE PRECAUTIONS YOU UTILIZED TO PROTECT AGAINST THAT WAS TO PUT ON GLOVES.
A: CORRECT.
Q: DO YOU HAVE A SPECIFIC RECOLLECTION AS TO WHETHER OR NOT PARGA HAD GLOVES?
A: I BELIEVE SHE DID.
Q: WHAT’S TRACE EVIDENCE?
A: YOU KNOW, I CAN’T GIVE YOU AN EXACT DEFINITION. I WOULD SAY ANY LIKE FIBERS OR ANYTHING THAT CAN BE INADVERTENTLY PICKED UP BY ONE PERSON, TRANSFERRED TO ANOTHER PLACE.
Q: EVEN SOMETHING THAT’S VERY, VERY SMALL, CORRECT?
A: CORRECT.
Q: TO THE POINT WHERE FROM TIME TO TIME YOU MIGHT CONSIDER WEARING PLASTIC SHOE COVERINGS.
A: I GUESS, YES.
Q: IN THIS PARTICULAR CASE WHEN YOU WALKED THROUGH THE MOTOR HOME DID YOU HAVE ANY SHOE COVERINGS?
A: NO.
Q: DID DETECTIVE PARGA HAVE ANY SHOE COVERINGS?
A: NO.
Q: DIDN’T YOU TELL US THERE WAS ANOTHER OFFICER IN THE MOTOR HOME?
A: I STATED THAT I WASN’T SURE WHETHER DETECTIVE MORRIS HAD STEPPED IN OR NOT. I KNOW MR. WESTERFIELD, HIMSELF, WAS IN THERE.
Q: NOW, DO YOU REMEMBER HAVING HAD THE NOON HOUR TO CHECK WHETHER OR NOT THE SERGEANT WAS IN THE MOTOR HOME?
A: I DON’T BELIEVE I EVER STATED THAT SERGEANT WRAY WAS IN THE MOTOR HOME.
Q: MORRIS. OFFICER MORRIS. IF I’M NOT — IT’S EITHER DETECTIVE, OFFICER, OR SERGEANT. I’M SORRY, SIR. LAST NAME IS MORRIS.
A: IT’S DETECTIVE MORRIS, AND I DID NOT CHECK. BUT, AGAIN, I DON’T RECALL WHETHER OR NOT HE WAS IN THERE OR NOT.
Q: OKAY.
BY YOUR ANSWER DO YOU MEAN TO SAY THAT YOU ARE NOT SURE WHETHER OR NOT HE WAS IN OR THAT HE WAS NOT IN?
A: I DON’T RECALL HIM BEING IN. I JUST — THE ONLY PEOPLE I RECALL BEING IN THE MOTOR HOME WAS MYSELF, DETECTIVE PARGA, AND MR. WESTERFIELD.
Q: OKAY.
WHEN YOU ENTERED THE MOTOR HOME, YOU WERE CAREFUL NOT TO CONTAMINATE THE SCENE, RIGHT?
A: CORRECT.
Q: YOU WENT SO FAR AS TO PUT GLOVES ON BEFORE YOU EVER ENTERED THE MOTOR HOME, RIGHT?
A: CORRECT.
Q: AT THAT POINT HAD YOU FOCUSED ON MR. WESTERFIELD AS BEING A POSSIBLE SUSPECT?
A: NO.
Q: HAD YOU PUT GLOVES ON IN ANY OTHER RESIDENCE THAT YOU HAD BEEN TO AS PART OF YOUR WORK IN THE CASE?
A: I DIDN’T GO THROUGH ANY OTHER RESIDENCE. THE OTHER RESIDENTS THAT I KNOCKED ON THE DOORS OF, WE HAD STEPPED INSIDE THE FRONT DOOR, TALKED TO THE PEOPLE, AND LEFT.
Q: SO THAT WAS THE TOTAL EXTENT OF YOUR — I’M SORRY — YOUR INVOLVEMENT WITH MR. WESTERFIELD WAS THE TOTAL EXTENT OF YOUR GOING PLACES AND ENTERING VEHICLES OR HOUSES?
A: YES.
Q: YOU WERE CAREFUL WHEN YOU ENTERED THE MOTOR HOME NOT TO DO ANYTHING TO CONTAMINATE THE AREA, RIGHT?
A: I DIDN’T PURPOSELY TOUCH ANYTHING OR — YES.
Q: AND YOU WERE AWARE BECAUSE YOU’RE TRAINED THAT IT’S POSSIBLE TO MOVE EVIDENCE INADVERTENTLY IF IT’S TRACE EVIDENCE FROM ONE LOCATION TO ANOTHER, ISN’T THAT CORRECT?
MR. DUSEK: OBJECTION. ASKED AND ANSWERED.
THE COURT: SUSTAINED.
NEXT QUESTION.
BY MR. FELDMAN:
Q: YOU DIDN’T EVEN GO TO THE BACK OF THE MOTOR HOME; YOU WERE SO CAREFUL THAT YOU DIDN’T EVEN GO TOO FAR INTO THE MOTOR HOME TO MAKE SURE THAT YOU DIDN’T CONTAMINATE THE AREA, ISN’T THAT TRUE?
A: I WENT ALL THE WAY TO THE BACK OF THE MOTOR HOME TO THE BED.
Q: SO ON DIRECT EXAMINATION TODAY YOU DID NOT MEAN TO COMMUNICATE THAT YOU DIDN’T GO ALL THE WAY BACK INTO THE MOTOR HOME BECAUSE IT IS THE CASE YOU WENT ALL THE WAY TO THE REAR OF THE MOTOR HOME WHEN YOU WENT INTO THE MOTOR HOME, CORRECT?
MR. DUSEK: OBJECTION. VAGUE AND COMPOUND.
THE COURT: SUSTAINED.
REPHRASE.
BY MR. FELDMAN:
Q: IS IT THE CASE THAT YOU WALKED THE ENTIRE LENGTH OF THE MOTOR HOME?
A: WELL, IT DEPENDS ON YOUR DEFINITION OF THE ENTIRE LENGTH. I WENT TO THE BACK OF THE MOTOR HOME WHERE THE BEDROOM IS. I STOOD AT THE FOOT OF THE BED AND LOOKED DOWN BOTH SIDES OF THE BED. I DID NOT WALK DOWN EITHER SIDE OF THE BED TO THE VERY FURTHEREST BACK WALL.
Q: YOU WALKED AROUND THE BED IN THE MOTOR HOME.
A: NO. I STOOD AT THE FOOT OF THE BED AND LOOKED DOWN BOTH SIDES.
MR. FELDMAN: DIRECTING THE COURT AND COUNSEL TO THE REPORTER’S TRANSCRIPT OF THE PRELIMINARY HEARING, PAGES 229 TO 230.
YOUR HONOR, PROCEDURALLY I DON’T KNOW HOW YOU WANT ME TO DO THIS.
THE COURT: THAT’S FINE. JUST SET IT UP. YOU KNOW HOW TO DO IT.
BY MR. FELDMAN:
Q: SIR, YOU TESTIFIED UNDER OATH AT THE PRELIMINARY HEARING, CORRECT?
A: CORRECT.
Q: YOU WERE ASKED QUESTIONS AT THE PRELIMINARY HEARING BY MR. BOYCE, ISN’T THAT CORRECT?
A: CORRECT.
Q: YOU WERE SPECIFICALLY ASKED BY MR. BOYCE, QUOTE, DID YOU ACTUALLY GO IN THE BEDROOM. DO YOU RECALL THAT?
A: YES.
Q: AND DO YOU RECALL YOUR ANSWER, QUOTE, I WALKED THE ENTIRE LENGTH OF THE MOTOR HOME, YES? DO YOU RECALL THAT AS YOUR ANSWER?
A: YES.
Q: AND THEN YOU WERE ASKED BY MR. BOYCE, QUOTE, YOU WALKED AROUND IN THAT AREA LOOKING FOR BEDDING. IS THAT FAIR TO SAY? DO YOU RECALL THAT QUESTION?
A: I THINK SO, YES.
Q: AND IT’S FAIR — AND THEN YOUR ANSWER WAS, QUOTE, I WASN’T LOOKING SPECIFICALLY FOR BEDDING, BUT I DID WALK AROUND THE BED IN THE BEDROOM AREA.
A: CORRECT.
Q: AND YOU ALSO WALKED PAST THE DINING ROOM — I’M SORRY — PAST THE BATHROOM AREA OF THE MOTOR HOME, IS THAT CORRECT?
A: CORRECT. YOU HAVE TO WALK PAST THE BATHROOM TO GET TO THE BEDROOM.
Q: YOU DIDN’T NOTICE ANY ODOR, ANY CLEANING-TYPE ODORS, IN THE MOTOR HOME WHEN YOU WERE THERE, IS THAT CORRECT?
A: THAT’S CORRECT.
Q: NOW, SIR, IS THERE SOMETHING CALLED CHAIN OF CUSTODY?
A: YES.
Q: WHAT’S CHAIN OF CUSTODY?
MR. DUSEK: OBJECTION. BEYOND THE SCOPE.
THE COURT: IT APPEARS TO BE. AND I DON’T THINK THIS IS THE RIGHT WITNESS TO CONDUCT THE INTERVIEW.
MR. FELDMAN: THIS IS A — I WOULD LIKE A SIDEBAR ON THIS ISSUE, YOUR HONOR.
THE COURT: ALL RIGHT.
BOB.
(SIDEBAR DISCUSSION, OUT OF THE HEARING OF THE JURY,
AS FOLLOWS:
(PROCEEDINGS NOT PART OF THE PUBLIC RECORD.)
(END OF SIDEBAR DISCUSSION.)
BY MR. FELDMAN:
Q: AFTER YOU CONCLUDED YOUR, SAY, EVALUATION OF THE MOTOR HOME, HOW MUCH TIME DO YOU THINK YOU SPENT AT THE MOTOR HOME?
A: AT THE MOTOR HOME OR IN THE MOTOR HOME?
Q: WELL, LET’S START AT AND THEN I’LL ASK IN.
A: I GUESS WE WERE PROBABLY AT THE MOTOR HOME APPROXIMATELY TWENTY MINUTES.
Q: AND HOW LONG DO YOU THINK YOU WERE IN THE MOTOR HOME?
A: APPROXIMATELY TEN MINUTES.
Q: WHEN YOU WERE DONE WITH WHAT YOU NEEDED TO DO AT THE MOTOR HOME, DID YOU TELL MR. WESTERFIELD HE WAS FREE TO GO?
A: YES.
Q: AND I THINK YOU TOLD US LAW ENFORCEMENT WENT DOWN THE HILL UP TO A CERTAIN INTERSECTION AND WENT ONE WAY. DID MR. WESTERFIELD GO ANOTHER WAY?
A: MR. WESTERFIELD CONTINUED SOUTH ON ESPOLA. DETECTIVES TALLMAN, MORRIS, STETSON, AND SERGEANT WRAY ALL STOPPED AT THE LITTLE STRIP MALL AT ESPOLA AND TWIN PEAKS, AND MYSELF AND DETECTIVE PARGA TURNED WESTBOUND ON TWIN PEAKS.
Q: WHAT WAS AT THE STRIP MALL AT TWIN PEAKS?
A: YOU WOULD HAVE TO ASK ONE OF THEM.
Q: ALL RIGHT.
WAS IT LUNCHTIME?
A: IT WAS PROBABLY AROUND 11:30.
Q: WHERE DID YOU AND DETECTIVE PARGA GO?
A: BACK TO MR. WESTERFIELD’S RESIDENCE.
(DISCUSSION OFF THE RECORD BETWEEN MR. FELDMAN
AND MR. BOYCE.)
MR. FELDMAN: I’M SORRY. ANOTHER SIDEBAR.
THE COURT: ALL RIGHT.
BOB.
(SIDEBAR DISCUSSION, OUT OF THE HEARING OF THE JURY,
AS FOLLOWS:
(PROCEEDINGS NOT PART OF THE PUBLIC RECORD.)
(END OF SIDEBAR DISCUSSION.)
BY MR. FELDMAN:
Q: YOU TOLD US THAT YOU WENT BACK TO MR. WESTERFIELD’S HOUSE. ISN’T THAT CORRECT?
A: THAT’S CORRECT.
Q: YOU AND DETECTIVE PARGA ENTERED MR. WESTERFIELD’S RESIDENCE, IS THAT CORRECT?
A: NOT THE SECOND TIME, NO.
Q: TO YOUR KNOWLEDGE OTHER OFFICERS ENTERED THE RESIDENCE, IS THAT CORRECT?
A: I COULDN’T TELL YOU FOR SURE BECAUSE I WAS STANDING IN THE DRIVEWAY, NOT IN VIEW OF THE FRONT DOOR.
Q: ALL RIGHT.
AFTER WHATEVER HAPPENED, THAT PARTICULAR TIME, DID YOU RETURN TO THE COMMAND CENTER?
A: I BELIEVE AT THAT POINT DETECTIVE PARGA AND I STOPPED SOMEWHERE AND HAD LUNCH.
Q: DID YOU THEN RETURN TO THE COMMAND CENTER?
A: SHORTLY AFTER THAT, YES.
Q: AND WHEN YOU WENT TO THE COMMAND CENTER, YOU EITHER BRIEFED OR DEBRIEFED AND COMMUNICATED WHAT YOUR INFORMATION WAS, IS THAT CORRECT?
A: I BELIEVE WE PROBABLY SPOKE TO SERGEANT WOODS, SERGEANT MUREN.
Q: DID YOU THEN TELEPHONE MR. WESTERFIELD AND ASK HIM TO COME DOWN TO THE COMMAND CENTER?
A: I DID NOT. DETECTIVE PARGA DID.
Q: IN YOUR PRESENCE?
A: I DON’T BELIEVE SO.
Q: SO SHE MUST HAVE TOLD YOU ‘CAUSE YOU DIDN’T SEE IT, RIGHT?
A: CORRECT.
Q: ALL RIGHT.
AND AT SOME POINT IN TIME DO YOU REMEMBER TALKING TO MR. WESTERFIELD ON THE PHONE BEFORE HE CAME BACK?
A: I DO NOT, NO.
Q: SIR, YOU MENTIONED ON DIRECT EXAMINATION THAT AT GLAMIS MR. WESTERFIELD HAD SAID THAT HE HAD SOME KIND OF A SMALL SHOVEL TO DIG OUT.
A: HE HAD SAID THAT HE USED A SHOVEL, YES, THAT HE HAD ONE IN HIS MOTOR HOME.
Q: SIR, WITH REGARD TO YOUR REPORT DATED 2/5/02, YOU DON’T MENTION ANYTHING ABOUT A SHOVEL IN THERE, DO YOU?
A: DID NOT.
Q: WITH REGARD TO YOUR REPORT DATED 3/5/02 YOU DID NOT MENTION ANYTHING ABOUT A SHOVEL IN THERE, DID YOU?
A: NO.
Q: WITH REGARD TO YOUR NOTES CONTEMPORANEOUSLY PREPARED, YOU DID NOT MENTION ANYTHING ABOUT A SHOVEL IN THERE EITHER, DID YOU?
A: THAT’S CORRECT.
Q: AND YOU TOLD US TODAY YOUR MEMORY DIDN’T GET BETTER WITH THE PASSAGE OF TIME, CORRECT?
A: I BELIEVE YOU STATED THAT, AND I AGREED WITH IT.
Q: DO YOU STILL AGREE WITH IT?
A: SURE. NOT ON EVERY — I MEAN SOMETIMES PEOPLE OVER A PASSAGE OF TIME WILL REMEMBER THINGS THAT THEY FORGOT BEFORE, BUT, NO, MY MEMORY DOES NOT CONSTANTLY GET BETTER OVER THE COURSE OF TIME.
MR. FELDMAN: EXCUSE ME JUST A MINUTE, FOR A MINUTE, PLEASE.
(DISCUSSION OFF THE RECORD AMONG THE DEFENSE.)
MR. FELDMAN: THANK YOU VERY MUCH.
NO FURTHER.
THE COURT: ANYTHING FURTHER, MR. DUSEK?
/ / /
/ / /
REDIRECT EXAMINATION
BY MR. DUSEK:
Q: DETECTIVE KEENE, YOU TESTIFIED FOR ABOUT TWO AND A HALF HOURS THIS MORNING AND IT LOOKS LIKE NOW ABOUT FORTY-FIVE MINUTES THIS AFTERNOON. ALL THE DETAILS THAT YOU PROVIDED THIS MORNING AND THIS AFTERNOON, ARE THEY ALL CONTAINED IN YOUR REPORTS?
A: NO.
Q: DOES THAT MEAN THAT YOU’RE MAKING THEM UP —
A: NO.
Q: — IF THEY ARE NOT IN YOUR REPORT?
A: NO.
Q: DO YOU REMEMBER WHAT YOU TESTIFIED TO FROM WHAT REALLY HAPPENED?
A: CORRECT.
Q: THERE WERE QUESTIONS ASKED ABOUT JULIAN AND WEATHER UP THERE. DO YOU REMEMBER IF THERE WAS A HAIL STORM IN JANUARY?
A: UNTIL MR. FELDMAN MENTIONED IT, NO, I DID NOT.
Q: DO YOU REMEMBER THAT THERE WAS A HAIL STORM SOME TIME EARLY IN THE YEAR?
A: AGAIN IT WASN’T SOMETHING I REMEMBERED INDEPENDENTLY, BUT ONCE IT WAS MENTIONED, I DO RECALL THERE BEING ONE SOME TIME IN THE RECENT PAST.
Q: DO YOU KNOW WHAT HAIL IS?
A: IT’S BASICALLY A ROCK FORMATION CAUSED BY THE WEATHER.
Q: LIKE FROZEN WATER, ISN’T IT?
A: YES. ICE.
Q: DO YOU KNOW WHAT HAPPENS TO FROZEN WATER WHEN THE TEMPERATURE GETS ABOVE 32 DEGREES?
A: IT MELTS.
MR. FELDMAN: OBJECTION. ASSUMES FACTS NOT IN EVIDENCE. DEPENDING ON HEIGHT.
THE COURT: OVERRULED.
MR. FELDMAN: ELEVATION. EXCUSE ME.
THE COURT: OVERRULED.
THE ANSWER WILL STAND.
NEXT QUESTION.
BY MR. DUSEK:
Q: DO YOU KNOW WHAT HAPPENS TO HAIL WHEN IT’S IN A HIGH TEMPERATURE OF 54 DEGREES?
A: I WOULD GUESS IT MELTS.
Q: AND IF SOMEONE WANTED TO GO FROM THE DESERT REGION OUT THERE BY BORREGO OR GLAMIS AND AVOID BLACK ICE AND SNOW AND HAIL AND HIGH ALTITUDES, IS THERE A WAY TO GET TO SAN DIEGO WITHOUT GOING THE BACK WAY THROUGH WARNER SPRINGS?
A: SURE.
Q: WHAT WOULD YOU DO?
A: INTERSTATE 8.
Q: HOW BROAD IS THAT ROAD?
A: IN A LOT OF AREAS IT’S FOUR LANES EACH WAY. THROUGH SOME OF THE AREAS IT’S TWO LANES EACH WAY.
Q: THERE ARE ALSO THINGS ALONG INTERSTATE 8 THAT YOU CUSTOMARILY DON’T SEE ALONG THE BACK ROADS OF THAT NORTH PART COUNTY — OF THE COUNTY, ISN’T THERE?
A: THERE IS.
Q: LIKE WHAT?
A: CALL BOXES THAT ARE LINKED DIRECTLY TO THE CALIFORNIA HIGHWAY PATROL.
Q: AND INTERSTATE 8 IS PATROLLED BY LAW ENFORCEMENT MORE SO THAN THE BACK COUNTRY, AREN’T THEY?
A: YES.
Q: QUESTIONS WERE ASKED WHETHER OR NOT YOU ASKED MR. WESTERFIELD ABOUT WHETHER HE HAD BEEN TO THE DRYCLEANER’S ON HIS TRIP. DO YOU REMEMBER BEING ASKED THAT?
A: YES.
Q: YOU DIDN’T ASK HIM ABOUT THAT?
A: NO.
Q: WHY NOT?
A: DRYCLEANER’S WASN’T SOMETHING THAT I KNEW ABOUT AT THE TIME I WAS TALKING TO HIM, SO I HAD NO REASON TO ASK HIM ABOUT STOPPING AT A DRYCLEANER’S.
Q: SO YOU DIDN’T KNOW ANYTHING ABOUT A DRYCLEANER’S WHEN YOU WERE SPEAKING WITH HIM?
A: NO.
Q: AND HE DIDN’T MENTION ANYTHING ABOUT THAT?
A: NO.
MR. FELDMAN: ASKED AND ANSWERED. OBJECTION.
THE COURT: THE ANSWER WILL STAND.
NEXT QUESTION.
BY MR. DUSEK:
Q: WHAT HAD YOU ASKED HIM TO RELATE TO YOU WHEN YOU WERE SPEAKING WITH HIM?
A: I ASKED HIM TO RELATE TO ME EVERYTHING HE HAD DONE THAT WEEKEND, EVERYWHERE HE HAD GONE.
Q: YOU WERE ASKED QUESTIONS REGARDING THE NUMBER OF CONTACTS HE CLAIMED TO HAVE HAD WITH BRENDA VAN DAM. DO YOU RECALL THAT?
A: I’M SORRY?
MR. FELDMAN: MISSTATES THE EVIDENCE. OBJECTION.
THE COURT: JUST A MINUTE.
RESTATE THE QUESTION.
BY MR. DUSEK:
Q: DO YOU RECALL MR. FELDMAN SHOWING YOU A REPORT FROM FEBRUARY 5TH THAT INDICATED THE AMOUNT OF CONTACTS MR. WESTERFIELD CLAIMED HE HAD WITH BRENDA VAN DAM.
MR. FELDMAN: AGAIN, YOUR HONOR, OBJECT. MISSTATES THE EVIDENCE.
THE COURT: OVERRULED. YOU MADE REFERENCE TO IT.
NOW ASK YOUR QUESTION.
BY MR. DUSEK:
Q: DO YOU REMEMBER THAT?
A: YES.
Q: DO YOU HAVE THAT REPORT WITH YOU?
A: I DO.
Q: AND WHEN YOU WERE BEING ASKED THOSE QUESTIONS, WAS THERE SOMETHING ABOVE THAT ONE SENTENCE THAT IS INCLUDED IN YOUR REPORT?
A: WELL, THE SENTENCE THAT I WAS ASKED ABOUT IS ACTUALLY THE FIRST SENTENCE IN THE THIRD PARAGRAPH UNDER THE HEADING STATEMENT OF DAVID WESTERFIELD.
Q: AND THE ONE SENTENCE HE ASKED YOU SAYS WHAT?
A: IT SAYS I HAVE ONLY MET BRENDA THREE TIMES. I THINK.
Q: IS THAT THE LAST SENTENCE OF THAT PARAGRAPH?
A: THAT’S THE FIRST SENTENCE OF THAT PARAGRAPH.
Q: ARE THERE MORE?
A: YES. THERE’S MORE TO THAT PARAGRAPH.
Q: WHAT ELSE DO YOU INCLUDE THERE THAT’S IN THAT REPORT?
A: HE INCLUDES OR ACTUALLY I INCLUDED THE DESCRIPTION OF THE THREE TIMES THAT HE HAD MET WITH OR MET BRENDA VAN DAM.
Q: WHAT DID YOU WRITE?
A: I WROTE THAT TWO OF THOSE TIMES WERE AT THE BAR THAT WE NOW KNOW IS DAD’S BAR.
Q: QUOTE IT, PLEASE, IN THE REPORT.
A: “TWO OF THOSE TIMES WERE AT THE BAR. I SAW HER THERE A WEEK AGO FRIDAY NIGHT AND AGAIN THIS PAST FRIDAY NIGHT. THE ONLY OTHER TIME I HAVE TALKED TO HER WAS THIS PAST THURSDAY OR FRIDAY AFTERNOON. BRENDA AND HER DAUGHTER AND YOUNGEST SON CAME AROUND SELLING GIRL SCOUT COOKIES. THEY CAME TO MY HOUSE, AND I INVITED THEM IN. BRENDA AND I TALKED FOR A FEW MINUTES WHILE I LOOKED AT THE LIST OF COOKIES. BRENDA GAVE ME HER PHONE NUMBER, AND I TOLD HER I WOULD INVITE HER AND HER HUSBAND OVER FOR A BARBECUE SOME TIME. THE TWO KIDS WERE RUNNING AROUND THE HOUSE. YOU KNOW HOW KIDS ARE. THEY WERE KIND OF JUMPING ON EVERYTHING, BOUNCING ON THE COUCH, AND RUNNING THROUGH THE HOUSE. I THINK THEY EVEN RAN UPSTAIRS. I KNOW THEY WENT OUTSIDE AND WERE RUNNING AROUND THE POOL. I DIDN’T GIVE IT MUCH THOUGHT BECAUSE THEY ARE JUST KIDS, AND THAT’S THE WAY SOME PEOPLE RAISE THEIR KIDS.”
Q: AND RIGHT BEFORE YOU INCLUDE THAT INFORMATION, DO YOU INCLUDE WHETHER THIS IS TO BE AN EXACT QUOTE OR AN IN-ESSENCE STATEMENT OF WHAT YOU WERE RECEIVING?
A: THE SENTENCE JUST PRIOR TO WHAT MR. FELDMAN REFERRED TO AS BOLD-TYPE STATEMENT OF DAVID WESTERFIELD SAYS WESTERFIELD TOLD ME ESSENTIALLY THE FOLLOWING. SO WHAT I WROTE BELOW THAT IS NOT AN EXACT QUOTE.
Q: ALL RIGHT.
DID THE DEFENDANT ESSENTIALLY MAKE TWO STATEMENTS REGARDING WHERE THE KIDS WERE INSIDE HIS HOUSE?
A: IN THE — THAT MORNING WHEN I —
Q: YES. THAT’S WHAT I’M TALKING ABOUT. DID YOU SEEK CLARIFICATION ON HIS STATEMENT?
MR. FELDMAN: I’M SORRY. VAGUE AS TO WHOSE STATEMENT AND WHEN.
THE COURT: NO. WE’RE ONLY TALKING ABOUT ONE STATEMENT.
YOU MAY ANSWER, DETECTIVE.
THE WITNESS: SLIGHT CLARIFICATION. HE SAYS HE THOUGHT MAYBE THEY WENT UPSTAIRS AND THEN HE SAID I KNOW THEY WENT OUTSIDE AROUND THE POOL AREA AND BACKYARD.
BY MR. DUSEK:
Q: THE OTHER REPORT HE REFERRED TO I THINK WAS FROM MARCH. I BELIEVE THAT WOULD BE MARCH 5TH OF 2002. IS THAT CORRECT?
A: CORRECT.
Q: AND IT REFERRED TO A SEGMENT REFERRING TO WHAT THE DEFENDANT HAD SAID REGARDING THE CONDITION OF HIS BEDROOM?
A: CORRECT.
Q: WHAT DID YOUR REPORT SAY?
A: THE SECOND PARAGRAPH ON PAGE 2, AS WE ENTERED WESTERFIELD’S BEDROOM, THE MASTER BEDROOM, HE APOLOGIZED FOR HIS BED BEING UNMADE. HE STATED THAT HE STRIPPED THE BED PRIOR TO GOING TO THE DESERT. HE SAID HE HAD PUT THE LINEN IN THE WASH AND NOT REMADE THE BED YET. HE AGAIN APOLOGIZED FOR IT NOT BEING MADE.
Q: WAS THE BED UNMADE WHEN YOU WERE IN HIS BEDROOM?
A: IT WAS NOT UNMADE IN THE TYPICAL SENSE. IT DID HAVE SHEETS ON IT THAT WERE IN PLACE.
Q: SO THE LINEN WAS ON THE BED?
A: CORRECT. JUST WITHOUT THE COMFORTER.
Q: DID HE SAY WHERE THE COMFORTER WAS?
A: NO.
Q: AND IN FACT DID YOU SEE A COMFORTER IN THE MOTOR HOME?
A: NO.
Q: DID YOU SEE LINEN THERE?
A: YES.
Q: WHERE WERE COMFORTERS MISSING IN THIS MAN’S BELONGINGS?
MR. FELDMAN: FACTS NOT IN EVIDENCE.
THE COURT: SUSTAINED.
BY MR. DUSEK:
Q: DID YOU SEE ANY BED COVERINGS ON EITHER THE BED IN HIS HOUSE OR THE BED IN HIS MOTOR HOME?
A: NO.
Q: QUESTIONS WERE ASKED INDICATING WHETHER OR NOT THE TYPE OF WORK THE DEFENDANT WORKS. WHERE DID HE SAY HE WORKED?
A: HE TOLD ME HE WORKED OUT OF HIS OWN HOME.
Q: WITH ANYBODY?
A: NO.
Q: WORKS THERE ALONE?
A: CORRECT.
Q: WHEN HE WENT TO FIND GARRY’S PHONE NUMBER, WAS HE ABLE TO GET IT FOR YOU?
A: NO.
Q: AND I THINK YOU INDICATED THAT HE POINTED OUT SOME AREAS THAT YOU HAD MISSED IN YOUR LOOKING THROUGH HIS PROPERTY.
A: CORRECT.
Q: WHAT WERE THE AREAS?
A: CLOSETS, MOSTLY CLOSETS. THE ATTIC IN THE UPSTAIRS HALLWAY.
Q: SO AN ATTIC UPSTAIRS?
A: CORRECT.
Q: AND THAT STORAGE AREA OFF OF HIS MASTER BATHROOM OR MASTER CLOSET?
A: CORRECT. IT’S A — BASICALLY A HIDDEN STORAGE ROOM WITHIN THE MASTER WALK-IN CLOSET.
Q: AND ALSO I BELIEVE THERE WAS A STORAGE AREA AT THE R.V., IS THAT CORRECT?
A: THAT’S CORRECT.
Q: WHEN YOU LOOKED IN THE AREAS THAT HE SUGGESTED, DID YOU SEE ANYTHING?
A: NOTHING THAT I TOOK NOTE OF.
Q: DID HE EVER SUGGEST YOU GO TO A DRYCLEANER’S AT POMERADO ROAD AND TWIN PEAKS?
A: NO.
MR. FELDMAN: SCOPE. OBJECTION.
THE COURT: OVERRULED.
MR. DUSEK: NOTHING FURTHER.
THE COURT: THE ANSWER IS NO.
ANYTHING FURTHER, MR. FELDMAN?
MR. FELDMAN: IF I COULD JUST HAVE A MOMENT, PLEASE.
THE COURT: SURE.
(PAUSE.)
RECROSS-EXAMINATION
BY MR. FELDMAN:
Q: IT’S 29 DEGREES OUT. DO YOU KNOW WHETHER WATER STAYS FROZEN?
A: IT’S BELOW FREEZING, SO I WOULD GUESS IT WOULD.
Q: AT PALOMAR MOUNTAIN IF IT’S 34 DEGREES OUT, DOES WATER STAY FROZEN?
MR. DUSEK: OBJECTION. RELEVANCE TO PALOMAR MOUNTAIN, YOUR HONOR.
THE COURT: OVERRULED.
YOU CAN ANSWER.
THE WITNESS: AT 34 DEGREES?
MR. FELDMAN: YES.
THE WITNESS: IT COULD I GUESS.
BY MR. FELDMAN:
Q: HOW ABOUT IN JULIAN, 36 DEGREES?
A: POSSIBLE.
Q: REGARDLESS OF WHAT THE QUESTIONING ARE OR IS, DO YOU KNOW THAT THERE’S A SPECIFIC SECTION OF HIGHWAY 8 WHERE THE INTERSECTION ALLOWS YOU TO GO UP TO JULIAN OR FEEDS OUT OF JULIAN WHICH IS PARTICULARLY DANGEROUS BECAUSE OF THE EXISTENCE OF BLACK ICE, RIGHT?
A: DO I KNOW THAT OF MY OWN, NO.
Q: BASED ON YOUR PROFESSIONAL EXPERIENCE, DIDN’T YOU TELL ME ON DIRECT?
A: WELL, I KNOW THAT BLACK ICE IS DANGEROUS. AM I FAMILIAR WITH EAST COUNTY, NOT VERY.
Q: ALL RIGHT.
DID — YOU WERE — YOU WERE THE FIRST OFFICER TO TALK TO MR. WESTERFIELD, RIGHT, AS FAR AS YOU KNEW?
A: WELL, SERGEANT WRAY AND DETECTIVE TALLMAN WERE CHIT-CHATTING WITH HIM IN THE DRIVEWAY WHEN I ARRIVED.
Q: ALL RIGHT.
YOU JUST USED THE WORD CHIT-CHATTING. COULD YOU JUST COMMUNICATE WHAT DO YOU MEAN BY CHIT-CHATTING?
A: I DON’T BELIEVE THEY WERE INTERVIEWING HIM ABOUT THE CASE OR SPEAKING WITH HIM ABOUT THE CASE. I COULDN’T TELL YOU WHAT THE CONVERSATION WAS; BUT WHEN I FIRST ARRIVED, SERGEANT WRAY INTRODUCED ME TO MR. WESTERFIELD.
Q: BUT YOUR JOB WAS TO INTERVIEW MR. WESTERFIELD, AT LEAST A PRELIMINARY INTERVIEW, IS THAT A FAIR STATEMENT?
A: MY JOB WAS TO QUESTION HIM AND FIND OUT WHERE HE WAS OVER THE WEEKEND, YES.
Q: AS WE ALREADY DISCUSSED TO GET GENERAL INFORMATION AS OPPOSED TO SPECIFIC INFORMATION.
A: CORRECT.
Q: MR. DUSEK JUST AGAIN REFERENCED YOU TO A COPY OF YOUR POLICE REPORT. YOU TOLD ME EARLIER TODAY YOUR REPORT’S PREDICATED BASED ON YOUR NOTES, RIGHT?
A: CORRECT.
Q: YOUR NOTES SAY MR. WESTERFIELD SAID THE TWO KIDS WERE RUNNING AROUND IN THE HOUSE AND UPSTAIRS AND IN THE BACKYARD. THAT’S WHAT YOUR NOTES SAY, CORRECT?
A: CORRECT.
Q: THEY WERE WRITTEN BEFORE YOUR REPORT, CORRECT?
A: CORRECT.
Q: PARTICULARLY BEFORE YOUR REPORT OF MARCH THE 5TH.
A: CORRECT.
MR. FELDMAN: NO FURTHER.
THANK YOU.
THE COURT: ANYTHING FURTHER?
MR. DUSEK: NO.
THE COURT: ALL RIGHT.
ARE LAW ENFORCEMENT PERSONNEL TO BE SUBJECT TO RECALL?
MR. FELDMAN: PLEASE.
MR. DUSEK: NOT BY ME.
MR. FELDMAN: PLEASE.
THE COURT: ALL RIGHT.
DETECTIVE, YOU’RE GOING TO BE SUBJECT TO RECALL. WHETHER WE NEED YOU BACK OR NOT I’M NOT SURE. PLEASE REMEMBER YOU’RE UNDER AN ADMONITION NOT TO DISCUSS THE CASE OTHER THAN AS IT MAY RELATE TO THE ONGOING INVESTIGATION.
(THE WITNESS WAS EXCUSED.)
THE COURT: THERE’S AN EXHIBIT. DO YOU WANT TO JUST GIVE THAT TO MR. DUSEK.
THANK YOU.
ALL RIGHT. MR. DUSEK.
MR. DUSEK: DETECTIVE MO PARGA.
MAURA MEKENAS-PARGA,
CALLED AS A WITNESS BY THE PLAINTIFF, HAVING BEEN DULY SWORN, TESTIFIED AS FOLLOWS:
THE CLERK: PLEASE STATE YOUR NAME AND SPELL IT FOR THE RECORD.
THE WITNESS: DETECTIVE MAURA MEKENAS-PARGA. M-A-U-R-A
M-E-K-E-N-A-S P-A-R-G-A.
DIRECT EXAMINATION
BY MR. DUSEK:
Q: HOW ARE YOU EMPLOYED, MA’AM?
A: I’M EMPLOYED BY THE SAN DIEGO POLICE DEPARTMENT, ROBBERY DIVISION.
Q: HOW LONG HAVE YOU BEEN A POLICE OFFICER?
A: APPROXIMATELY SIXTEEN AND A HALF YEARS.
Q: AND YOU ARE WITH ROBBERY NOW?
A: YES, SIR.
Q: HOW LONG HAVE YOU BEEN WITH ROBBERY?
A: A LITTLE OVER A YEAR.
Q: HOW LONG HAVE YOU BEEN A DETECTIVE?
A: FOUR OR FIVE YEARS.
Q: DO YOU KNOW DETECTIVE JOHNNY KEENE WHO JUST LEFT?
A: YES. HE’S MY PARTNER.
Q: LET ME DIRECT YOUR ATTENTION BACK TO FEBRUARY OF THIS YEAR. DID YOU BECOME INVOLVED IN THE DANIELLE VAN DAM CASE?
A: YES, SIR.
Q: HOW?
A: I RECEIVED A PAGE AT MY HOME APPROXIMATELY 6:00 IN THE MORNING.
Q: WHAT DAY?
A: ON SUNDAY.
Q: WHICH WOULD BE FEBRUARY?
A: 3RD.
Q: ONCE YOU RESPONDED TO THE PAGE, WHERE DID YOU GO?
A: I WENT TO THE TWELVE-THOUSAND BLOCK OF MOUNTAIN PASS ROAD.
Q: WHAT’S THERE?
A: THERE WAS A MOBILE COMMAND POST THERE.
Q: AND WAS THERE A REASON FOR BEING AT THAT LOCATION?
A: YES. I WAS TOLD THERE WAS A LITTLE GIRL MISSING, AND WE WOULD BE WORKING THE CASE.
Q: DID YOU LEARN THAT THAT’S WHERE THE VAN DAMS LIVE?
A: YES.
Q: WERE YOU GIVEN AN ASSIGNMENT ONCE YOU GOT TO MOUNTAIN PASS?
A: YES. WE WERE TOLD — DETECTIVE KEENE AND I WERE TOLD TO DO A DOOR-TO-DOOR CHECK IN THE IMMEDIATE STREET OF THE VAN DAM FAMILY IN THE TWELVE-THOUSAND BLOCK OF MOUNTAIN PASS. AND WE WERE ALSO TO CHECK A HOUSE ON THE CORNER, 11995 MOUNTAIN PASS.
Q: WHEN YOU DID YOUR CANVASSING OF THE NEIGHBORHOOD, DESCRIBE WHAT YOU DID.
A: WE WENT DOOR TO DOOR TALKING TO PEOPLE, ASKING IF THEY KNEW DANIELLE VAN DAM. WE DID — I DID ONE HOUSE, AND JOHNNY WOULD DO THE NEXT. AND WE WOULD JUST TAKE TURNS. BUT WE BOTH WALK UP TOGETHER AND TALK TO THE HOMEOWNERS.
Q: SO YOU REMAINED TOGETHER.
A: YES.
Q: AND JUST ALTERNATED WHO WAS DOING THE TALKING.
A: YES.
Q: CAN YOU ESTIMATE FOR US ABOUT HOW MANY HOUSES YOU WENT TO?
A: A DOZEN OR SO.
Q: WHICH STREETS?
A: JUST ON MOUNTAIN PASS.
Q: WHEN YOU COMPLETED THAT, WHAT DID YOU DO?
A: WE RETURNED TO THE COMMAND POST AND REPORT THERE.
Q: AND THEN YOU MENTIONED THAT YOU WENT TO SEE A CORNER HOUSE OR SOMEWHERE YOU SAW A CORNER HOUSE.
A: THAT’S WHILE WE WERE DOING OUR WITNESS CHECK OF HOUSES.
Q: CAN YOU DESCRIBE THE CORNER HOUSE FOR US.
A: IT WAS A NICE HOUSE THAT LOOKED PRETTY MUCH LIKE THE REST OF THE HOUSES.
Q: DID YOU LEARN THE ADDRESS OF THE HOUSE?
A: 11995.
Q: DID YOU EVENTUALLY LEARN WHO LIVED IN THAT HOUSE?
A: MR. WESTERFIELD.
Q: WHEN YOU WERE THERE, DO YOU RECALL ABOUT WHAT TIME OF DAY IT WAS?
A: APPROXIMATELY 11:45 IN THE AFTERNOON.
Q: WAS ANYONE PRESENT?
A: NO, SIR.
Q: DID YOU NOTICE ANYTHING UNUSUAL AROUND OR ABOUT THE HOUSE?
A: AS I WALKED UP THE WALKWAY, I NOTICED THE BEAUTIFUL LAWN, BEAUTIFUL LANDSCAPING. EVERYTHING WAS BEAUTIFUL ABOUT THE HOUSE. BUT THE GARDEN HOSE WAS STRETCHED OUT TO THE SIDEWALK AND DOUBLED BACK LIKE IT WAS THROWN ONTO THE LAWN. IT LOOKED TO ME LIKE IT WAS JUST DOUBLE-BACKED, AND THAT TOLD ME THAT WHOEVER LEFT THAT HOSE OUT WAS IN A HURRY BECAUSE EVERYBODY KNOWS TO LEAVE A HOSE ON GRASS, EVENTUALLY IT TURNS YELLOW. AND THERE WERE NO OTHER YELLOW MARKINGS ON THE GRASS, SO I FIGURED THIS IS A ONE-TIME DEAL, NOT SOMETHING SOMEBODY DOES ALL THE TIME. SO THAT MADE ME A LITTLE SUSPICIOUS WHOEVER WAS —
MR. FELDMAN: YOUR HONOR, IT’S HARD FOR US TO HEAR THE WITNESS. I’M SORRY, MA’AM. BECAUSE SHE’S TALKING AWAY FROM THE MICROPHONE, WE JUST CAN’T HEAR.
THE COURT: PLEASE TALK INTO THE MICROPHONE, DETECTIVE.
THE WITNESS: SORRY.
THE COURT: NEXT QUESTION.
MR. FELDMAN: YOUR HONOR, I’M SORRY. I REALLY DIDN’T HEAR MOST OF HER ANSWER. COULD PORTIONS OF THE ANSWER BE READ BACK?
THE COURT: BOB. READ BACK THE ANSWER.
MR. FELDMAN: THANK YOU.
(THE LAST ANSWER WAS READ BY THE REPORTER.)
MR. FELDMAN: AT THIS POINT I MAKE A MOTION TO STRIKE ABOUT THE WITNESS’ SPECULATION ABOUT WHAT EVERYBODY KNOWS.
THE COURT: AS TO THE CONCLUSIONARY PORTIONS OF THAT ANSWER, LADIES AND GENTLEMEN, I REALIZE THE COW’S OUT OF THE BARN ALREADY, BUT PLEASE DISREGARD IT AS BEST YOU CAN. MAKE A MENTAL NOTE OF THAT. IT MAY BE COVERED SOMEWHERE ELSE IN THE TRIAL; I JUST DON’T KNOW THAT. BUT FROM THAT PORTION THAT CALLED FOR A CONCLUSION IN THIS ANSWER, DISREGARD IT.
NEXT QUESTION.
MR. DUSEK: WHICH PART? SHE TALKED FOR QUITE A WHILE.
THE COURT: I WILL ALLOW BOTH OF YOU TO GET IT AS CLOSE AS YOU CAN. BUT ALL THOSE INFERENCES TO WHAT EVERYBODY KNOWS, LADIES AND GENTLEMEN, YOU’LL DISREGARD.
BY MR. DUSEK:
Q: DESCRIBE WHAT YOU SAW, MA’AM.
A: I SAW A GARDEN HOSE STRETCHED OUT TO THE SIDEWALK AND THEN DOUBLED BACK ON THE GRASS.
Q: DID THAT SEEM UNUSUAL TO YOU?
A: THAT SEEMED UNUSUAL TO ME.
Q: WHY?
MR. FELDMAN: RELEVANCE. OBJECTION.
THE COURT: OVERRULED.
YOU MAY ANSWER.
THE WITNESS: BECAUSE THE YARD, EVERYTHING LOOKED SO NEAT THAT TO HAVE THIS HOSE OUT AND THEN DOUBLE BACK ONTO THE GRASS, IT JUST DIDN’T SEEM RIGHT TO ME. MY GUT FEELING TOLD ME THAT —
MR. FELDMAN: OBJECTION.
THE COURT: AS TO HER GUT FEELING, SUSTAINED.
NEXT QUESTION.
MR. FELDMAN: BUT ALSO JUST DIDN’T SEEM RIGHT.
THE COURT: OVERRULED.
NEXT QUESTION.
BY MR. DUSEK:
Q: WERE YOU ABLE TO CONTACT THE OCCUPANT OF THAT HOUSE THAT DAY?
A: SUNDAY, NO.
Q: DID YOU LOOK ANYWHERE ELSE AS PART OF YOUR INVESTIGATION?
A: YES. I LOOKED OVER THE FENCE. IT WOULD BE THE NORTHEAST SIDE OF THE HOUSE. LOOKED OVER THAT FENCE.
Q: INTO THE BACKYARD?
A: INTO THE BACKYARD. AND I COULD KIND OF SEE INTO THE HOUSE.
Q: DID YOU INSPECT ANYWHERE ELSE IN THE NEIGHBORHOOD?
A: I WAS LOOKING AT THE BUSHES BEHIND ANOTHER CORNER HOUSE. I LOOKED AT THAT. WE DID LOOK DOWN INTO THE SEWERS. WE POPPED THE SEWER CAPS AND WERE LOOKING IN THOSE.
Q: DID YOU GO DOWN THERE?
A: NO. NO. I SENT JOHNNY DOWN. I HELD THE FLASHLIGHT, THOUGH.
Q: WERE OTHER PEOPLE INVOLVED IN THE SEARCH FOR THIS CHILD?
A: THERE WERE SEVERAL PEOPLE INVOLVED. I HAD CALLED IN TWO MOUNTED UNITS TO SEARCH ADJOINING CANYONS IN THE AREA.
Q: WHAT ACCESS DO YOU HAVE TO MOUNTED UNITS?
A: I’M A VOLUNTEER WITH THE CHULA VISTA MOUNTED PATROL.
Q: AND THE MOUNTED UNITS DID WHAT?
A: THE CHULA VISTA MOUNTED UNIT SEARCHED THE PENASQUITOS RESERVE, AND EL CAJON MOUNTED UNIT SEARCHED SYCAMORE CANYON AREA. AND THEN WE ALSO CALLED SAN DIEGO WHO WAS NOT AVAILABLE AT THE TIME, AND THEN THEY BECAME AVAILABLE.
Q: HOW LONG WOULD YOU SAY YOU REMAINED AT THE NEIGHBORHOOD AREA THAT DAY?
A: ON SUNDAY I DIDN’T LEAVE UNTIL ABOUT MIDNIGHT.
Q: WHEN DID YOU COME BACK?
A: THE NEXT MORNING I RECEIVED — I WAS ON MY WAY BACK WHEN I RECEIVED A RADIO CALL OR A CELL. PHONE CALL FROM DETECTIVE KEENE ASKING ME TO MEET HIM AT 11995 MOUNTAIN PASS TO TALK TO MR. WESTERFIELD.
Q: DID YOU MEET HIM THERE?
A: YES, I DID.
Q: WHO GOT THERE FIRST, YOU OR KEENE?
A: KEENE WAS THERE WHEN I PULLED UP.
Q: WHAT WAS GOING ON WHEN YOU ARRIVED?
A: THERE WAS A SERGEANT AND A DETECTIVE TALKING TO MR. WESTERFIELD IN THE DRIVEWAY, AND THEN ANOTHER DETECTIVE WAS STANDING IN THE DRIVEWAY AND DETECTIVE KEENE WAS ALSO THERE.
Q: AND ONCE YOU ARRIVED, WHAT DID YOU DO?
A: I WALKED UP AND STARTED TO ASSIST WITH DETECTIVE KEENE. AND AS I WALKED UP, DETECTIVE KEENE WAS WALKING WITH MR. WESTERFIELD. AND THEY WALKED UP TO THE WALKWAY OUT OF THE DRIVEWAY INTO THE FRONT WALKWAY.
Q: DO YOU SEE MR. WESTERFIELD IN COURT TODAY?
A: YES, I DO.
Q: WOULD YOU POINT HIM OUT, PLEASE, AND DESCRIBE WHAT HE’S WEARING TODAY.
A: HE’S TO MY LEFT IN A CHARCOAL GRAY SUIT AND MAROON TIE.
THE COURT: THE RECORD WILL REFLECT IDENTIFICATION.
BY MR. DUSEK:
Q: DO YOU RECALL THE WEATHER CONDITION THAT MORNING?
A: I WAS FREEZING. IT WAS VERY COLD.
Q: DID YOU AND DETECTIVE KEENE SPEAK WITH THE DEFENDANT AT THAT POINT OUTSIDE?
A: YES.
Q: FOR ABOUT HOW LONG WOULD YOU SAY?
A: THIRTY TO FORTY MINUTES.
Q: HOW INVOLVED WERE YOU IN THAT INTERVIEW?
A: I WAS INTERMITTENTLY INVOLVED IN THE INTERVIEW. I WAS ASSISTING S. I. U., THE SPECIAL INVESTIGATIONS UNIT, WITH INFORMATION. I WENT TO MY VAN A FEW TIMES. I WENT TO GET A CONSENT-TO-SEARCH FORM FOR DETECTIVE KEENE. BUT WHEN I FINALLY FOUND ONE IN MY VAN, I BROUGHT IT TO HIM, AND HE HAD ALREADY GOTTEN ONE. SO I WAS INTERMITTENTLY INVOLVED.
Q: WHO WAS PRESENT WITH THE DEFENDANT THROUGHOUT THE INTERVIEW?
A: DETECTIVE KEENE.
Q: DID YOU HEAR — HOW MUCH OF THAT INTERVIEW DID YOU HEAR?
A: I HEARD BITS AND PIECES OF IT. I REMEMBER WALKING UP, AND I HEARD DETECTIVE KEENE SAY SO YOU WENT TO THE STRAND. YOU CAME HOME. YOU WENT TO GLAMIS. YOU WENT TO BORREGO. YOU WENT TO THE STAND — STRAND, I’M SORRY. AND MR. WESTERFIELD SAID YES. AND THAT’S BASICALLY — AND THEN I WALKED AWAY AGAIN.
Q: DID YOU HEAR ANY OF THE DETAILS THAT MR. WESTERFIELD WAS PROVIDING DURING THAT INTERVIEW?
A: NO, SIR.
Q: AT THE CONCLUSION OF THE INTERVIEW, DID YOU GET A CHANCE TO LOOK AT HIM, THE DEFENDANT?
A: YES.
Q: DID YOU NOTICE ANYTHING ABOUT HIM AT THAT POINT?
A: I NOTICED THAT HE WAS EXTREMELY SWEATY IN THE ARMPIT AREA.
Q: WHAT WAS HE WEARING?
A: HE WAS WEARING A KNIT LONG-SLEEVE MORE OF A COTTON-TYPE THREE-BUTTON-TYPE PULLOVER.
Q: WHAT TYPE OF CLOTHING DID YOU HAVE ON?
A: I REMEMBER I HAD A JACKET ON. I ALWAYS WEAR JEANS, SO I DON’T REMEMBER WHAT TYPE OF SHIRT I HAD ON. BUT I KNOW I WAS COLD. I REMEMBER I WAS SHAKING. I WAS COLD.
Q: AFTER THE INTERVIEW WAS DONE WITH THE DEFENDANT, WHAT HAPPENED?
A: WE WENT IN AND WE CHECKED MR. WESTERFIELD’S HOUSE. HE HAD SIGNED A CONSENT FOR US TO CHECK HIS HOUSE. SO DETECTIVE KEENE AND I PUT ON SOME GLOVES, THE LATEX GLOVES, AND WE WALKED IN AND MR. WESTERFIELD SHOWED US HIS HOUSE. HE —
Q: WHAT CONDITION WAS THE HOUSE IN DOWNSTAIRS
A: BEAUTIFUL. EVERYTHING WAS VERY NEAT. VERY CLEAN. WHITE LEATHER SOFA. IT WAS VERY NICE.
Q: DID YOU GO UPSTAIRS?
A: YES.
Q: WHAT CONDITION WAS THE HOUSE UPSTAIRS?
A: LOOKED VERY NEAT, VERY CLEAN. NOTHING WAS REALLY LAYING OUT. WENT INTO THE MASTER BEDROOM.
Q: DESCRIBE THE CONDITION OF THE MASTER BEDROOM.
A: THE BED HAD A SHEET ON IT, WHICH WAS KIND OF WRINKLED UP. IT WASN’T UNMADE, BUT IT WAS JUST KIND OF OUT AND LIKE SOMEBODY HAD LAID ON IT BUT DIDN’T REALLY MAKE THE BED. THERE WAS NO COMFORTER ON IT.
SO THEN HE SHOWED US HIS BATHROOM, WHICH IS A BEAUTIFUL BATHROOM, HAD WINDOW ON IT, ON THE CORNER. AND THEN THERE WAS A BIG WALK-IN CLOSET. AND WHEN WE WENT IN THERE, I CAME BACK OUT, AND HE SAID, NO, NO, NO, YOU HAVE TO SEE MY ROOM. I HAVE ANOTHER ROOM BACK THERE. AND PULLED AWAY A SHOE RACK WHICH HAD A CUTE LITTLE FOUR-BY-SIX COMPARTMENT-TYPE ROOM WHICH WOULD HAVE BEEN BEHIND THE SHOWER.
Q: LET ME STOP YOU THERE, THEN.
IN THE MASTER BEDROOM — LET ME SHOW YOU WHAT’S BEEN PREVIOUSLY MARKED AS COURT’S EXHIBIT 46, THIS PHOTO DISPLAY BOARD. DO YOU RECOGNIZE WHAT WE HAVE DEPICTED THERE?
A: YES. THAT’S THE SHOE RACK THAT OPENS UP TO THAT LITTLE COMPARTMENT ROOM.
Q: WHICH PHOTOGRAPH?
A: H.
Q: LET ME GO UP TO THE TOP, PHOTOGRAPHS B, C, AND D. DO YOU SEE WHAT’S DEPICTED THERE?
A: YES. THAT’S MR. WESTERFIELD’S MASTER BEDROOM.
Q: IS THAT THE CONDITION IT WAS IN WHEN YOU WERE IN HIS HOUSE THAT EARLY MONDAY MORNING?
A: THE SHEET LOOKS PRETTY MUCH THE SAME. BUT THAT BLUE QUILT FOLDED ON TOP OF THE BED AND THE BASKET, THE BLUE BASKET OF LAUNDRY, THAT WAS NOT THERE.
Q: THE BLUE BASKET OF LAUNDRY APPEARS TO BE IN PHOTOGRAPH B ON THE FLOOR.
A: YES.
Q: AND THE QUILT YOU’RE TALKING ABOUT APPEARS TO BE THE FOLDED ITEM ON THE TOP AND THE MIDDLE OF THE BED.
A: YES.
Q: DID YOU SEE ANY COVERING FOR THAT BED WHEN YOU WERE THERE?
A: NO.
Q: JUST THE SHEETS?
A: JUST THE SHEETS.
Q: DID HE SAY ANYTHING ABOUT HIS BED?
A: HE APOLOGIZED FOR IT BEING A MESS.
Q: AND THAT’S THE CONDITION IT WAS?
A: WITHOUT THE QUILT AND STUFF.
MR. FELDMAN: I’M SORRY, YOUR HONOR. THE LAST QUESTION IS VAGUE. THAT WAS THE CONDITION IT WAS. THERE’S NO REFERENCE.
THE COURT: OVERRULED. YOU CAN COVER IT IN CROSS IF YOU DESIRE.
NEXT QUESTION.
BY MR. DUSEK:
Q: DID YOU GET INTO THE BATHROOM, THE MASTER BATHROOM?
A: YES.
Q: IS THERE A WINDOW IN THERE?
A: YES.
Q: DID YOU NOTICE ANYTHING ABOUT THE WINDOW?
A: IT HAD A SCREEN ON IT LOOKED LIKE SOMEBODY HAD LEANED IN IT.
Q: HOW COULD YOU TELL?
A: BECAUSE IT WAS PUSHED OUT.
Q: DID YOU GO DOWNSTAIRS?
A: YES.
Q: DID YOU FIND A LAUNDRY ROOM IN THIS HOUSE?
A: YES.
Q: WHERE WAS THE LAUNDRY ROOM?
A: IT WOULD HAVE BEEN ON THE NORTH SIDE, KIND OF IN THE MIDDLE OF THE HOUSE ON THE NORTH SIDE. RIGHT OUTSIDE THE GARAGE.
Q: DESCRIBE THE CONDITION OF THE LAUNDRY ROOM.
A: IT HAD SOME TANNISH DIRTY LAUNDRY ON TOP OF WHAT I THOUGHT WAS A WASHER, BUT IT’S ACTUALLY A DRYER ON THE RIGHT. THERE WAS SOME DIRT ON BLANKETS-TYPE STUFF.
Q: LET ME SHOW YOU WHAT HAS BEEN PREVIOUSLY MARKED AS COURT’S EXHIBIT 45. THIS PHOTO DISPLAY BOARD LABELED AT THE TOP “WESTERFIELD RESIDENCE LAUNDRY ROOM.” DO YOU SEE WHAT WE HAVE DEPICTED THERE?
A: YES.
Q: PHOTOGRAPHS A AND B. WHAT DO THEY SHOW US?
A: THAT’S THE WASHER AND DRYER. THAT’S NOT THE CONDITION I SAW IT IN.
Q: HOW DOES IT DIFFER FROM WHAT WE ARE SEEING IN THOSE PHOTOGRAPHS? IS THERE A POINTER THERE IF THAT WOULD HELP YOU.
A: IN PHOTOGRAPH C WITH THE FIVE IN IT. I’M SORRY. THANKS.
IN PHOTOGRAPH C, NUMBER FIVE, THIS TAN COMFORTER-TYPE MATERIAL WAS ACTUALLY SITTING ON TOP OF WHERE IN PICTURE B, WHERE NUMBER SIX IS LOCATED. THAT’S WHERE THAT WAS WRAPPED UP. AND IT WAS DIRTY. I SAW SOME DIRT ON IT. AND THE — ALL THIS BLUE I NEVER SAW. BUT I NEVER LOOKED INTO — I NEVER LIFTED THE LID ON THIS MACHINE. AND I NEVER LOOKED INSIDE THIS MACHINE. I JUST SAW THE TAN BLANKET-TYPE STUFF ON THE TOP OF WHAT WOULD BE THE DRYER.
Q: WHEN YOU INDICATED YOU DID NOT LIFT THE LID, THAT APPEARS TO BE THE WASHER THAT’S ON THE LEFT-HAND SIDE IN PHOTOGRAPH A.
A: YES.
Q: AND YOU DIDN’T OPEN THE WHAT LOOKS LIKE THE DRYER WHICH IS ON THE RIGHT-HAND SIDE OF PHOTOGRAPH B.
A: D AND E, YES.
Q: DID YOU NOTICE ANY LOOSE DIRT IN THE AREA?
A: NO, I DIDN’T.
Q: WHERE WAS THE DIRT THAT YOU SAW?
A: IT WAS DIRT ON THE BLANKET ITSELF.
Q: DID YOU SEE ANY OTHER ITEMS OF ANY SORT OF OTHER ITEMS AROUND THE WASHER AND DRYER AREA?
A: NO, I DID NOT.
Q: WHY DIDN’T YOU LOOK INSIDE?
A: I STARTED TO LOOK AT THE BLANKET, AND MR. WESTERFIELD WANTED TO SHOW US THE GARAGE.
Q: OKAY.
A: AND WE WALKED ON. I HAD — AT THAT POINT I DID NOT KNOW THIS WAS GOING TO BE IMPORTANT AT A LATER DATE.
Q: WHAT DO YOU MEAN HE WANTED TO SHOW YOU THE GARAGE? WHAT HAPPENED?
A: HE SAID LET ME SHOW YOU THE GARAGE. AND HE STARTED TO WALK WITH ME KIND OF GUIDING ME OUT TO THE GARAGE. HE SAID — HE ALSO MADE A STATEMENT SAYING THAT THAT’S THE LAUNDRY FROM THE DESERT. THAT’S MY DESERT LAUNDRY. SOMETHING TO THAT EFFECT.
Q: NOW, PHOTOGRAPHS THAT ARE INCLUDED IN EXHIBIT 45, THEY HAVE NUMBERS ON THERE, LOOKS LIKE A YELLOW BACKGROUND WITH A FIVE AND SIX AND A SEVEN. THEY WEREN’T THERE WHEN YOU WERE LOOKING AT THE HOUSE, WERE THEY?
A: NO.
Q: AND DID YOU TAKE ANY PHOTOGRAPHS WHEN YOU AND DETECTIVE KEENE WERE THERE?
A: I DIDN’T TAKE ANY PHOTOGRAPHS OF ANY OF THE HOUSE.
Q: AND DETECTIVE KEENE, DID YOU SEE HIM TAKE ANY PICTURES?
A: NO.
Q: DID YOU GUYS SEIZE ANYTHING FROM THE HOUSE?
A: NO.
Q: WHEN YOU WENT OUTSIDE OR WHERE DID YOU GO FROM THE LAUNDRY ROOM?
A: WE WENT INTO THE GARAGE.
Q: DESCRIBE THAT.
A: WALKED OUT INTO THE GARAGE. THE BLACK TOYOTA 4RUNNER WAS ON THE EAST SIDE OF THE GARAGE. AND THERE WAS SOME LOUNGE CHAIRS AND THAT TYPE OF STUFF ON THE WEST SIDE OF THE GARAGE.
Q: COULD YOU SEE YOUR WAY AROUND THE GARAGE?
A: YES. IT WAS A LITTLE DARK, SO MR. WESTERFIELD OPENED THE GARAGE DOOR FOR US SO WE COULD HAVE MORE LIGHT.
Q: AND WHEN YOU WERE ABLE TO SEE, DID YOU DETECT ANYTHING IN THE GARAGE UNUSUAL?
A: WHEN I WALKED AROUND TO THE EAST SIDE, —
Q: GO AHEAD.
A: WHEN I WALKED AROUND TO THE EAST SIDE, WHICH WOULD BE THE WORKBENCH AREA, I NOTICED AN ODOR OF BLEACH IN THAT AREA. I DIDN’T NOTICE ANY BLEACH BOTTLE OUT. I JUST I COULD SMELL THE ODOR OF BLEACH.
Q: HOW DO YOU KNOW WHAT BLEACH SMELLS LIKE?
A: I USE IT AT HOME.
Q: WHERE WAS THAT ODOR COMING FROM?
A: I DON’T KNOW. IT WAS A WORKBENCH AREA IS ALL I COULD DETERMINE. IT WAS ON THE EAST WALL BETWEEN THE WORKBENCH AND THE TOYOTA 4RUNNER.
Q: DID YOU TRY TO FIND THE SOURCE OF THE SMELL?
A: YES. BUT I WAS, YOU KNOW, KIND OF CHECKING EVERYTHING ELSE, BASICALLY LOOKING FOR A LITTLE GIRL OR SOME CLOTHING OR SOMETHING. SO — AND THEN MR. WESTERFIELD OPENED UP THE HATCHBACK ON HIS TOYOTA ‘CAUSE HE HAD SIGNED A CONSENT FOR US TO SEARCH HIS TOYOTA 4RUNNER. SO HE OPENED THAT ALL UP, AND IT WAS ABSOLUTELY BEAUTIFUL.
Q: WHAT DO YOU MEAN BY THAT?
A: VERY CLEAN. IN FACT, I LOOKED UNDERNEATH FOR WATER DRIPPINGS BECAUSE IT LOOKED LIKE IT HAD JUST BEEN CLEANED. IT WAS JUST BEAUTIFUL. LIKE WHEN YOU DRIVE THROUGH A CAR WASH AND THEY SPRAY THAT STUFF ON THE INSIDE TO CLEAN YOUR WINDOWS, THAT SMELL. IT SMELLED NICE. THE OUTSIDE WAS IN VERY NICE.
Q: DID YOU FIND ANY WATER DROPS?
A: NO, I DIDN’T.
Q: DID YOU EVEN LOOK FOR ANY DUST ON THE CAR?
A: YES. I DIDN’T SEE ANY DUST ON IT.
Q: LET ME SHOW YOU WHAT WE’VE PREVIOUSLY HAD MARKED AS EXHIBIT 47. THIS PHOTO DISPLAY BOARD LABELED AT THE TOP “2001 TOYOTA 4RUNNER.” DO YOU RECOGNIZE THAT VEHICLE?
A: YES, I DO.
Q: IS THAT THE VEHICLE YOU WERE JUST DESCRIBING?
A: YES.
Q: DID YOU GET A CHANCE TO LOOK THROUGHOUT THAT CAR?
A: YES.
Q: IN PHOTOGRAPHS E AND F, WHAT PORTION OF THE VEHICLE DO THEY SEEM TO SHOW?
A: THAT’S THE BACK, WHAT WOULD BE CONSIDERED A TRUNK AREA.
Q: DID YOU GET TO LOOK AT THE BACK TRUNK AREA OF HIS 4RUNNER WHILE IT WAS STILL IN THE GARAGE?
A: YES.
Q: WHAT WAS BACK THERE?
A: NOTHING.
Q: EITHER BEFORE OR BELOW THAT DIVIDING LINE THERE WAS NOTHING?
A: NOTHING.
Q: HOW ABOUT IN THE PASSENGER COMPARTMENT, EITHER FRONT OR REAR, WAS THERE ANYTHING?
A: I REMEMBER SEEING A MAP BOOK.
Q: DID YOU LOOK OUTSIDE TO SEE IF THERE WAS ANY WATER SPOTS LIKE SOMEONE HAD WASHED THE CAR AT THE HOUSE?
A: I DIDN’T NOTICE ANY WET AREAS ANYWHERE IN THE DRIVEWAY. TO ME I JUST — IT SMELLED AND IT LOOKED LIKE IT HAD GONE THROUGH ONE OF THOSE REALLY NICE CAR WASHES.
Q: FROM THERE WHERE DID YOU GO, MA’AM?
A: FROM THERE WE FOLLOWED MR. WESTERFIELD UP TO HIS MOTOR — WHERE HIS MOTOR HOME WAS PARKED UP ON SKYRIDGE.
Q: WHO WERE YOU RIDING WITH?
A: I WAS A PASSENGER IN DETECTIVE KEENE’S VEHICLE.
Q: DESCRIBE WHAT HAPPENED WHEN YOU GOT UP ON SKYRIDGE.
A: WE GOT OUT OF OUR VEHICLES, PARKED. THERE’S ONLY A DIRT SHOULDER REALLY TO PARK ANYWHERE UP THERE. EXITED OUR VEHICLE AND WALKED OVER. MR. WESTERFIELD POINTED ON HIS MOTOR HOME AND POINTED TO HIS — HE HAD AN ENCLOSED TRAILER THAT HE KEEPS HIS DUNE BUGGY AND QUADS AND THAT TYPE OF STUFF IN. HE POINTED TO THAT.
Q: DID YOU EXAMINE THE MOTOR HOME?
A: YES.
Q: HOW DID YOU DO THAT?
A: DETECTIVE KEENE AND I WALKED AROUND THE IT WOULD BE THE SOUTH SIDE OF THE MOTOR HOME FIRST.
Q: THAT KIND OF DEPENDS ON WHICH WAY IT’S POINTING. CAN YOU GIVE US FRONT, BACK, PASSENGER, DRIVER SIDE?
A: IT WAS POINTING WEST. SO WE STARTED ON THE SOUTH SIDE, THE STREET SIDE.
Q: THE DRIVER’S SIDE OR THE PASSENGER’S SIDE?
A: THE DRIVER’S SIDE.
Q: THERE YOU GO.
WHAT DID YOU DO?
A: WE STARTED TO CHECK THE COMPARTMENTS DOWN BELOW. THERE WAS AN UNDERCARRIAGE COMPARTMENT. SO THEY JUST FLIP UP. AND WE STARTED TO CHECK THOSE. WE DIDN’T TEAR EVERYTHING OUT OR ANYTHING; WE JUST OPENED THEM UP AND STARTED TO GO THROUGH TO MAKE SURE, LIKE I SAID, WE WERE LOOKING FOR A LITTLE GIRL OR EVIDENCE.
Q: DID MR. WESTERFIELD SAY OR DO ANYTHING AS YOU WERE DOING THAT INSPECTION?
A: YES. HE WAS QUICK TO POINT OUT WE MISSED ONE OF THE CENTER COMPARTMENTS. I DON’T REMEMBER IF HE OPENED IT OR DETECTIVE KEENE DID. IN ANY CASE, WE SEARCHED THAT COMPARTMENT THAT WE MISSED.
Q: DID YOU FIND DANIELLE IN THAT ONE?
A: NO.
Q: THEN WHAT DID YOU DO?
A: WE WALKED AROUND TO THE OTHER SIDE, WHICH WOULD BE THE PASSENGER SIDE, OF THE MOTOR HOME AND ENTERED IN A DOOR BEHIND THE PASSENGER SEAT AREA.
Q: WHERE DID YOU GO?
A: I WENT TO THE FRONT OF THE MOTOR HOME AREA AND CHECKED THE DRIVER’S AREA, THAT IMMEDIATE AREA. AND DETECTIVE KEENE WENT STRAIGHT TO THE BACK.
Q: DO YOU KNOW HOW FAR BACK HE WENT? DID YOU SEE HOW FAR BACK HE WENT?
A: I DIDN’T SEE HOW — HE WENT TO THE BACK OF THE MOTOR HOME. THAT’S ALL I KNOW. MR. WESTERFIELD WAS IN THE — IN BETWEEN US, IN THE CENTER, WHICH WOULD BE THE KITCHEN AREA.
Q: DID YOU NOTICE ANYTHING TOWARDS THE REAR OF THE MOTOR HOME REGARDING THE BEDDING OR SUPPLIES BACK THERE?
A: I DIDN’T SEE THE BACK OF THE MOTOR HOME. I NEVER WENT BACK THERE.
Q: DO YOU KNOW THE CONDITION OF THE BED BACK THERE?
A: I DID NOT SEE IT.
Q: HAD YOU EVER BEEN IN THE VAN DAM HOME UP TO THAT POINT?
A: YES.
Q: WHICH DAY OR DATES?
A: THAT WAS ON SUNDAY.
Q: ABOUT WHAT TIME ON SUNDAY?
A: APPROXIMATELY 1:00, 1:30.
Q: AND NOW YOU WERE GOING INTO THE WESTERFIELD HOME AND MOTOR HOME ON WHAT DAYS?
A: MONDAY.
Q: WERE YOU WEARING THE SAME CLOTHING?
A: NO.
Q: HOW ABOUT THE SAME SHOES?
A: NOT THAT I RECALL.
Q: WHY DO YOU NOT RECALL OR — WERE YOU OR WERE YOU NOT WEARING THE SAME SHOES?
A: I DON’T BELIEVE I WAS WEARING THE SAME SHOES.
Q: WHY NOT?
A: BECAUSE MY SERGEANT WAS GIVING ME A HARD TIME ABOUT MY PURPLE SKETCHER SHOES. AND THE DAY BEFORE THAT SHE HADN’T. SO I’M PRETTY SURE I WAS WEARING THE PURPLE SHOES ONE DAY AND THE BLUE/GRAY SHOES THE NEXT DAY.
Q: ONCE YOU COMPLETED THE INSPECTION THERE AT THE MOTOR HOME, WHAT ELSE DID YOU CHECK, IF ANYTHING?
A: AT THE MOTOR HOME SITE?
Q: YES.
A: MR. WESTERFIELD WANTED TO SHOW US HIS SAND TOYS, WHICH WOULD BE THE DUNE BUGGY, AND SO WE SAID HEY, YEAH, WE’LL GO LOOK AT THEM. SO HE OPENED UP THE SIDE DOOR AND SHOWED THEM TO US. AND HE HAD A NICE RAIL IN THERE, DUNE BUGGY, AND THE QUADS. AND WE THANKED HIM.
Q: ONCE YOU COMPLETED THAT LOOK-SEE, WHERE DID EVERYBODY GO?
A: WE ALL WENT OUR OWN WAY.
Q: DID ANYBODY GO WITH MR. WESTERFIELD?
A: NO.
Q: DO YOU KNOW WHERE HE WENT, WHAT ROUTES HE TOOK?
A: NO. I KNOW WE ALL HAD TO GO DOWN THE SAME WINDY ROAD. I’M NOT FAMILIAR WITH POWAY, SO I WAS LOST THE WHOLE TIME. BUT WE ALL WENT DOWN THE SAME WINDY ROAD. AND THEN AT THE BOTTOM I NOTICED MR. WESTERFIELD HEADED TOWARDS 67, AND WE TURNED A DIFFERENT ROUTE.
MR. DUSEK: THANK YOU, DETECTIVE.
NOTHING FURTHER.
THE COURT: ALL RIGHT.
CROSS-EXAMINATION.
MR. FELDMAN: YOUR HONOR, THE TIME.
THE COURT: NO. WE’VE GOT SEVEN MINUTES. LET’S USE THEM. UNLESS YOU WANT TO TAKE A BREAK, IF YOU WOULD LIKE.
MR. FELDMAN: YES.
THE COURT: FINE. YOU DIDN’T RAISE YOUR HAND.
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 NOR FORMULATE ANY IMPRESSIONS NOR DISCUSS ANY OPINIONS UNTIL THE MATTER IS SUBMITTED TO YOU.
LET’S SHOOT FOR HOW ABOUT TEN MINUTES AFTER 3:00. 3:10, PLEASE.
(RECESS, 2:53 O’CLOCK, P.M., TO 3:10 O’CLOCK, P.M.)
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