DAY 5 – SAN DIEGO, CALIFORNIA, TUESDAY, JUNE 11, 2002, 1:30 P.M. (afternoon 2)
WITNESSES:
Maura Mekenas-Parga (San Diego Detective, robbery unit),
Mark Matthews (reporter with KGTV – Interviewed Westerfield on Feb 4th 2002),
Paul Redden (San Diego Police)
4416
1 THE COURT: BOY, LOG JAM.
2 OKAY. WELCOME BACK, LADIES AND GENTLEMEN.
3 ALL RIGHT, MR. FELDMAN.
4 MR. FELDMAN: THANK YOU, YOUR HONOR.
5
6 CROSS-EXAMINATION +
7 BY MR. FELDMAN:
8 Q. GOOD AFTERNOON, MA’AM.
9 A. GOOD AFTERNOON.
10 Q. DID YOU PREPARE ANY REPORTS IN CONNECTION WITH YOUR
11 PARTS OF THE INVESTIGATION OF THE CASE?
12 A. YES.
13 Q. DID YOU PREPARE THE REPORTS AT TIMES WHEN THE
14 EVENTS WERE FRESHER IN YOUR MIND THAN THEY ARE TODAY?
15 A. YES.
16 Q. DID YOU REVIEW THE REPORTS TO INSURE THAT THEY WERE
17 ACCURATE?
18 A. YES.
19 Q. DID YOU REVIEW THE REPORTS TO INSURE THAT THEY
20 CONTAINED ALL DETAIL YOU BELIEVED TO BE OF SIGNIFICANCE?
21 A. I BELIEVED THEY WERE SIGNIFICANT FOR THE TIME.
22 LIKE I SAID, AT THE TIME I WROTE THE REPORTS I DIDN’T KNOW SOME
23 STUFF THAT WOULD BE IMPORTANT THAT I WENT AND ADDED. SO I’M
24 DOING THE BEST I CAN TO PUT WHAT’S PERTINENT IN THE REPORTS.
25 Q. AND WHEN ISSUES ARISE AS TO WHAT YOU MAY THINK IS
26 PERTINENT, YOU WRITE SUPPLEMENTAL REPORTS, ISN’T THAT TRUE?
27 A. YES.
28 Q. AND IN THIS SPECIFIC INSTANCE, I THINK YOU JUST
4417
1 MENTIONED TO MR. DUSEK SOMETHING ABOUT YOUR SHOES. YOU WROTE A
2 REPORT ABOUT YOUR SHOES, DIDN’T YOU?
3 A. YES. I WAS ASKED TO WRITE A REPORT.
4 Q. WHY WAS THAT?
5 A. I WAS ASKED TO WRITE A REPORT ABOUT MY SHOES.
6 Q. WELL, WHAT WAS IT ABOUT YOUR SHOES THAT YOU WERE
7 ASKED TO WRITE A REPORT ABOUT?
8 MR. DUSEK: OBJECTION, SPECULATION.
9 THE COURT: IF YOU KNOW, DETECTIVE, YOU MAY ANSWER.
10 THE WITNESS: THEY ASKED IF I KNEW WHAT SHOES I WAS
11 WEARING WHICH DAY, AND I SAID I COULD GUESS THE BEST I COULD.
12
13 BY MR. FELDMAN:
14 Q. AND THE REASON YOU NEEDED TO GUESS THE BEST YOU
15 COULD WAS BECAUSE YOU WERE AWARE THERE WAS MEDIA THAT WAS
16 COVERING THE CASE, CORRECT?
17 A. NO. IF FOR THE INVESTIGATION I KNEW, THEY NEEDED
18 TO KNOW. AND THEN IN MY REPORT I SAID MAYBE THE MEDIA COULD
19 HELP IN THAT INVESTIGATION IF THEY HAD ANY PICTURES ON WHAT
20 SHOES I WORE.
21 Q. SO, IN OTHER WORDS, YOU WERE AWARE THAT THE MEDIA
22 MIGHT BE IN A POSITION TO AT LEAST IDENTIFY THE SHOES THAT YOU
23 WERE WEARING?
24 A. SURE. I THOUGHT THEY MIGHT HELP.
25 Q. BECAUSE YOU WERE CONCERNED ABOUT THE POSSIBILITY
26 THAT ON ONE DAY YOU HAD BEEN WEARING A PARTICULAR PAIR OF SHOES
27 WHEN YOU WENT IN THE VAN DAM RESIDENCE, ISN’T THAT TRUE?
28 A. THAT COULD HAPPEN, YES.
4418
1 Q. AND THAT ON A SHORT PERIOD OF TIME LATER OR THE
2 NEXT DAY YOU WERE IN THE WESTERFIELD RESIDENCE, RIGHT?
3 A. YES, SIR.
4 Q. SO THAT BECAME A CONCERN THAT YOU COULD
5 CROSS-CONTAMINATE FROM ONE RESIDENCE TO THE OTHER, CORRECT?
6 A. THAT COULD BE A ISSUE.
7 Q. AND YOU WERE AWARE, BECAUSE YOU’VE BEEN TRAINED IN
8 ISSUES INVOLVING CONTAMINATION OF EVIDENCE THAT, FOR INSTANCE,
9 IF YOU’RE WEARING A PARTICULAR SHOES, YOU COULD TRANSFER THE
10 EVIDENCE FROM ONE LOCATION TO ANOTHER. THAT’S PART OF YOUR
11 TRAINING, RIGHT?
12 A. IN ESSENCE, YES.
13 Q. YOU WERE ALSO AWARE THAT LAW ENFORCEMENT IN THE O.
14 J. CASE HAD THEIR SHOES PHOTOGRAPHED?
15 MR. DUSEK: OBJECTION, IRRELEVANT.
16 THE COURT: SUSTAINED.
17 YOU NEED NOT ANSWER.
18
19 BY MR. FELDMAN:
20 Q. WITH REGARD TO YOUR CUSTOM AND PRACTICE IN TAKING
21 NOTES, MA’AM, DO YOU TAKE CONTEMPORANEOUS NOTES?
22 A. I JUST TAKE BASIC NOTES ON WHAT HAPPENED, NOTHING
23 SPECIAL.
24 Q. I’M SORRY?
25 A. NOTHING SPECIAL.
26 Q. NOTHING SPECIAL?
27 A. JUST NOTES.
28 Q. WHAT’S THE PURPOSE OF TAKING NOTES, MA’AM?
4419
1 A. TO HELP REFRESH MY MEMORY.
2 Q. WHY WOULD YOU NEED TO REFRESH YOUR MEMORY?
3 A. TO WRITE REPORTS, SOMETIMES I MAKE A LIST ON STUFF
4 I NEED TO DO.
5 Q. BUT ALSO ONE OF THE PURPOSES IN WRITING NOTES IS,
6 AS YOU’VE BEEN TRAINED, TO MEMORIALIZE EVENTS SO THAT YOU DON’T
7 FORGET ‘EM, CORRECT?
8 A. YES. IT HELPS TO REFRESH YOUR MEMORY.
9 Q. AND IT HELPS TO MEMORIALIZE YOUR MEMORY TO MAKE
10 SURE THAT IF YOU HAVE TO TESTIFY ABOUT SOMETHING, WE’LL SAY FOUR
11 MONTHS LATER, THAT YOU GOT NOTES TO PROTECT YOU, RIGHT?
12 A. YES.
13 Q. BECAUSE YOU KNOW, BASED ON YOUR TRAINING, THAT IT’S
14 IMPORTANT TO WRITE IN YOUR NOTES DETAILS THAT YOU BELIEVE TO BE
15 OF SIGNIFICANCE?
16 A. YES.
17 Q. SIMILARLY, IT’S IMPORTANT TO WRITE IN YOUR REPORTS
18 DETAILS YOU BELIEVE TO BE OF SIGNIFICANCE, CORRECT?
19 A. YES.
20 Q. BECAUSE YOU’VE BEEN TRAINED THAT YOUR MEMORY FADES
21 WITH TIME, AS MOST HUMAN BEINGS, MEMORIES DO, RIGHT?
22 A. YES, IT DOES.
23 Q. IS IT CORRECT THAT YOUR FIRST INVOLVEMENT IN THIS
24 CASE WAS APPROXIMATELY FEBRUARY 3RD?
25 A. YES.
26 Q. AND ON THAT DATE YOU WERE ASSIGNED WITH DETECTIVE
27 KEENE, I THINK AS YOU TOLD US ON DIRECT EXAMINATION, TO GO FROM
28 DOOR TO DOOR TO SEE IF YOU COULD DEVELOP INVESTIGATIVE LEADS IN
4420
1 LOCATING DANIELLE VAN DAM, IS THAT RIGHT?
2 A. YES. WE WERE TO WRITE DOWN PEOPLE’S NAMES THAT
3 LIVED IN THE AREA.
4 Q. BUT YOU WERE ALSO OUT INVESTIGATING TO SEE IF YOU
5 COULD FIND HER?
6 A. YES.
7 Q. YOU HAD RECEIVED INFORMATION, HADN’T YOU, BY THE
8 3RD THAT NO OFFICER — STRIKE THAT.
9 OFFICERS UP TO THE 3RD HAD BEEN SEARCHING THE
10 NEIGHBORHOOD, IS THAT RIGHT, AND JUST TALKING TO THE RESIDENTS?
11 A. WHEN I ARRIVED SUNDAY MORNING, I WAS TOLD THAT
12 UNIFORMED OFFICERS HAD TALKED TO PEOPLE, AND THAT WAS HOW WE GOT
13 MR. WESTERFIELD’S NAME AT THE 11995, BECAUSE THE UNIFORMED
14 OFFICER HAD TALKED TO A NEIGHBOR — I BELIEVE IT WAS MARK ROHR
15 ACROSS THE STREET, HAD GIVEN HIM HIS NAME AND THAT’S I GUESS HOW
16 WE GOT THE NAME FROM THE BRIEFING.
17 Q. SO YOU JUST TOLD US YOU RECEIVED A BRIEFING. WAS
18 THAT AT A COMMAND STATION?
19 A. AT THE COMMAND, THE MOTOR HOME.
20 Q. WAS THAT RIGHT ACROSS OR WITHIN A VERY CLOSE
21 PROXIMITY TO THE VAN DAM RESIDENCE?
22 A. YES.
23 Q. AND WERE OFFICERS GOING INTO AND OUT OF THE VAN DAM
24 RESIDENCE AND INTO THE COMMAND CENTER?
25 A. I DIDN’T WATCH THE VAN DAM RESIDENCE WHILE I WAS IN
26 THE COMMAND MOTOR HOME SO I DIDN’T WATCH WHO WENT IN AND OUT.
27 Q. DID YOU GO FROM THE COMMAND CENTER TO THE VAN DAM
28 RESIDENCE?
4421
1 A. AT ONE POINT, YES.
2 Q. WHAT POINT?
3 A. LATER ON THAT DAY ON SUNDAY.
4 Q. OKAY. THAT WOULD BE THE 3RD, IS THAT RIGHT?
5 A. YES.
6 Q. AND FROM THE VAN DAM RESIDENCE WHERE DID YOU GO?
7 A. BACK TO THE COMMAND POST.
8 Q. MEANING THE MOTOR HOME?
9 A. YES. SHOULD I CALL IT COMMAND POST OR —
10 Q. WELL, IN YOUR MIND IS THERE A DIFFERENCE? IT’S
11 WHAT YOU CALL IT, MA’AM.
12 A. I’M CALLING IT THE COMMAND POST.
13 Q. WAS IT REFERRED TO BY LAW ENFORCEMENT AS THE
14 COMMAND POST?
15 A. YES.
16 Q. BUT IT WAS A MOTOR HOME?
17 A. YES.
18 Q. LATER THE COMMAND POST MOVED TO THE NORTHEASTERN
19 SUBSTATION, DIDN’T IT?
20 A. YES.
21 Q. I DON’T MEAN THE MOTOR HOME NOW.
22 A. RIGHT.
23 Q. I MEAN THE CONCEPT OF THE COMMAND POST, RIGHT?
24 A. YES. I BELIEVE THERE WAS ANOTHER MOBILE STATION
25 DOWN BY THE PARK.
26 Q. ON FEBRUARY THE 3RD YOU ACTUALLY WENT UP TO MR.
27 WESTERFIELD’S RESIDENCE; ISN’T THAT CORRECT?
28 A. YES.
4422
1 Q. AND I THINK YOU TOLD US ON DIRECT EXAMINATION YOU
2 LOOKED OVER A FENCE INTO HIS BACKYARD, IS THAT RIGHT?
3 A. YES.
4 Q. I’M SHOWING YOU WHAT’S BEEN PREVIOUSLY MARKED 28.
5 DO YOU SEE THE FENCE THAT YOU LOOKED OVER, MA’AM?
6 A. YES. I SEE IT IN PHOTOS “A” AND “B.”
7 Q. COULD YOU PLEASE TAKE A POINTER AND SHOW US?
8 A. IT’S RIGHT HERE.
9 MR. FELDMAN: YOUR HONOR — EXCUSE ME — FOR THE RECORD,
10 THE WITNESS HAS POINTED AT 28A, AND SHE SAID “HERE.” THAT’S
11 ABOUT A POINT IN THE MIDDLE OF THE PHOTOGRAPH.
12 Q. IS THAT A FAIR DESCRIPTION, MA’AM?
13 A. YES. AND IN PHOTOGRAPH NO. “B” ON THE FAR LEFT
14 SIDE UPPER LEFT.
15 Q. THANK YOU VERY MUCH.
16 DID YOU ALSO LOOK INSIDE THE WINDOWS?
17 A. AS I LOOKED OVER THE FENCE I COULD SEE INTO ONE OF
18 THE WINDOWS, MAINLY LOOKING INTO THE BACKYARD AND I COULD SEE A
19 LITTLE BIT INTO THE WINDOW.
20 Q. OKAY. SO YOU NEVER LOOKED INSIDE, FOR INSTANCE,
21 ANY FRONT WINDOW?
22 A. I LOOKED IN A WINDOW ON THE GARAGE. THERE’S A SIDE
23 WINDOW. YOU CAN’T SEE IT — IT WOULD BE RIGHT HERE IN
24 PHOTOGRAPH “B” ON THE FAR RIGHT CORNER. THERE’S A LONG WINDOW
25 WHICH OVERLOOKS HIS WORKBENCH AREA. I DID LOOK THROUGH THAT
26 WINDOW ALSO.
27 Q. SO THAT WOULD HAVE ALLOWED YOU TO LOOK INTO THE
28 GARAGE BUT NOT INTO THE FRONT WINDOW INTO THE PREMISES; IS THAT
4423
1 RIGHT?
2 A. RIGHT. THAT WOULD JUST BE THE GARAGE, THE
3 WORKBENCH AREA.
4 Q. SO YOU NEVER LOOKED THROUGH A WINDOW THAT ALLOWED
5 YOU TO SEE INTO THE PREMISES?
6 A. THIS SIDE WINDOW OVER HERE I WAS ABLE TO SEE IN,
7 AND THEN I ALSO WALKED UP THE STREET HERE A LITTLE BIT
8 LOOKING — KIND OF JUMPING UP AND LOOKING OVER.
9 Q. SO ARE YOU TELLING US YOU LOOKED IN A BACK WINDOW?
10 A. IT’S MORE OF A SIDE WINDOW ON THE EAST SIDE. FROM
11 WHAT I RECALL, I WAS UP ON THE FENCE HERE LOOKING IN THROUGH A
12 SIDE WINDOW.
13 Q. YOU’RE POINTING TO PHOTOGRAPH 28, IS THAT RIGHT,
14 MA’AM?
15 A. YES. YOU COULD ALSO SEE THE UPSTAIRS THROUGH THAT
16 UPPER WINDOW, JUST A WALKWAY, THE UPSTAIRS.
17 Q. DID YOU RECORD IN YOUR NOTES YOUR OBSERVATIONS FOR
18 THE ACTIVITIES THAT YOU ENGAGED IN?
19 A. MY NOTES?
20 Q. YES.
21 A. I BELIEVE I PUT IN MY NOTES ABOUT THE GARDEN HOSE.
22 Q. YOU GOT YOUR NOTES? WELL, LET ME BACK UP FOR A
23 MINUTE.
24 DID YOU PREPARE — DID YOU, BEFORE COMING TO COURT,
25 REVIEW ANY DOCUMENTS?
26 A. YES, MY REPORTS.
27 Q. DID YOU REVIEW YOUR NOTES PRIOR TO COMING TO COURT?
28 A. NO, I DIDN’T.
4424
1 Q. HAVE YOU GOT YOUR NOTES WITH YOU?
2 A. YES.
3 Q. WOULD YOU PLEASE GET THOSE NOTES?
4 A. (WITNESS COMPLYING.).
5 Q. ARE YOU TAKING A LOOK AT YOUR NOTES, MA’AM?
6 A. IS THERE ANYTHING SPECIFIC?
7 Q. YES. YOU TOLD ME THAT — I’D LIKE TO DIRECT YOUR
8 ATTENTION SPECIFICALLY TO OUR DISCOVERY 6,442. IT STARTS, IN
9 YOUR WORDS, “I THINK DANIELLE’S ASLEEP.” CAN YOU SEE THAT AT
10 THE VERY TOP?
11 A. YES.
12 Q. WE’RE LOOKING AT THE SAME PIECE OF PAPER?
13 A. YES.
14 Q. YOU NOTE ABOUT MIDSTREAM IT SAYS “11995, 2:32 NOT
15 HOME,” CORRECT?
16 A. YES.
17 Q. THEN IT SAYS “DAVE WESTERFIELD,” CORRECT?
18 A. YES.
19 Q. WHERE DOES IT SAY ANYTHING ABOUT A HOSE IN YOUR
20 NOTES?
21 A. IT DOESN’T. I WAS MISTAKEN.
22 Q. OH, WHEN YOU TOLD THE JURY THAT THE HOSE REFERENCE
23 WOULD BE IN YOUR NOTES YOU’D BEEN MISTAKEN?
24 A. I DIDN’T TELL THE JURY IT WAS IN MY NOTES. IT’S IN
25 MY REPORT AND I HAVE INDEPENDENT RECOLLECTION OF THIS.
26 MR. FELDMAN: MOTION TO STRIKE ANYTHING ABOUT INDEPENDENT
27 RECOLLECTION. THE CALL OF THE QUESTION WAS —
28 THE COURT: OVERRULED. NEXT QUESTION.
4425
1 BY MR. FELDMAN:
2 Q. SO YOU NEVER MEANT TO COMMUNICATE TO THE JURY THAT
3 ANYTHING ABOUT A HOSE WOULD BE IN YOUR NOTES; IS THAT CORRECT?
4 A. YES. I DIDN’T SAY IT WAS IN MY NOTES. IT WAS — I
5 REMEMBER CLEARLY.
6 Q. DO YOU REMEMBER CLEARLY WHETHER OR NOT THE BLINDS
7 WERE OPEN OR CLOSED WHEN YOU WERE PEERING INTO MR. WESTERFIELD’S
8 WINDOWS, MA’AM?
9 A. I REMEMBER THEY WERE OPEN ON THE SIDE.
10 Q. SO YOU COULD SEE INTO THE RESIDENCE?
11 A. NOT THE WHOLE RESIDENCE, JUST A LITTLE BIT OF IT.
12 Q. AND WAS THAT UPSTAIRS AND DOWNSTAIRS?
13 A. YES.
14 Q. THE BLINDS WERE OPEN?
15 A. WELL, I DON’T BELIEVE THERE ARE ANY BLINDS UPSTAIRS
16 ON THE — I DON’T REMEMBER THERE BEING ANY WINDOW COVERINGS ON
17 THE UPSTAIRS.
18 Q. SO WHAT YOU’RE SAYING IS YOU HAD A — I’LL SAY,
19 CLEAR LINE OF SIGHT INTO THE RESIDENCE BECAUSE THERE WAS NO
20 OBSTRUCTION, MEANING BLINDS OR CURTAINS OR ANYTHING LIKE THAT?
21 A. ON THE UPSTAIRS I DON’T RECALL ONE, NO.
22 Q. HOW ABOUT DOWNSTAIRS?
23 A. DOWNSTAIRS I BELIEVE THEY WERE OPEN, FROM WHAT I
24 RECALL.
25 Q. YOU RECALL ‘CAUSE YOU COULD SEE IN?
26 A. YES.
27 Q. SO BY FEBRUARY 3RD, YOU REALIZED YOU WERE UNABLE TO
28 LOCATE MR. WESTERFIELD AND, IN FACT, YOU WATCHED MR.
4426
1 WESTERFIELD’S HOUSE UNTIL APPROXIMATELY MIDNIGHT ON THE 3RD, IS
2 THAT RIGHT?
3 A. WE WERE IN THAT AREA, GENERAL AREA, YES.
4 Q. BUT YOU WROTE IN A REPORT, QUOTE, “WE WATCHED THE
5 HOUSE UNTIL MIDNIGHT,” END QUOTE, CORRECT?
6 A. YES.
7 Q. YOU’VE TESTIFIED BEFORE, HAVEN’T YOU?
8 A. YES, SIR.
9 Q. ABOUT HOW MANY TIMES?
10 A. NUMEROUS.
11 Q. WHAT’S NUMEROUS?
12 A. IN 16 AND A HALF YEARS? FIGURE, I DON’T KNOW, A
13 THOUSAND TIMES MAYBE.
14 Q. ALL RIGHT.
15 SO THE POINT IS THIS ISN’T THE FIRST TIME YOU’VE
16 TESTIFIED UNDER OATH AND IN FRONT OF A JURY, RIGHT?
17 A. NO, IT’S NOT.
18 Q. AND YOU’VE BEEN TRAINED IN CERTAIN THINGS TO DO
19 WHEN YOU’RE TESTIFYING; ISN’T THAT CORRECT?
20 A. YES.
21 Q. FOR INSTANCE, FACE THE JURY, THAT’S PART OF YOUR
22 TRAINING?
23 A. YES.
24 Q. FOR INSTANCE, LOOK AT THE D. A. FROM TIME TO TIME
25 AND SEE WHETHER OR NOT HE’S GOING TO OBJECT?
26 A. NO. I JUST — I TRY TO BE CONSIDERATE TO EVERYBODY
27 IN THE COURTROOM.
28 Q. THAT WASN’T A CONSIDERATION ISSUE. THAT WAS JUST
4427
1 AN ISSUE OF YOUR TRAINING, MA’AM.
2 A. I DON’T RECALL THOSE SPECIFIC TRAININGS. THAT WAS
3 BACK IN THE ACADEMY 16 AND A HALF YEARS AGO.
4 Q. DO YOU KNOW WHAT IT IS TO BE MOCKED OR HAVE A MOCK
5 JURY KIND OF EXPERIENCE? I’M NOT TALKING ABOUT MAKING FUN OF.
6 MR. DUSEK: OBJECTION, YOUR HONOR.
7 THE COURT: SUSTAINED.
8 YOU NEED NOT ANSWER THAT, DETECTIVE.
9
10 BY MR. FELDMAN:
11 Q. DIRECTING YOUR ATTENTION TO FEBRUARY 4TH. ON
12 FEBRUARY 4TH, DO YOU RECALL WHERE YOU FIRST WENT PRIOR TO GOING
13 TO MR. WESTERFIELD’S?
14 A. I WAS — ON MONDAY? I WAS DRIVING UP 67 STUCK IN
15 TRAFFIC WHEN I GOT THE CALL TO GO TO MR. WESTERFIELD’S.
16 Q. APPROXIMATELY WHAT TIME WAS THAT?
17 A. I ARRIVED AT MR. WESTERFIELD’S AT 9:30, SO I WAS IN
18 TRAFFIC PROBABLY ABOUT 9:00, 8: — 8:30 I BELIEVE I LEFT THE
19 HOUSE, 9 O’CLOCK.
20 Q. WHEN YOU ARRIVED AT MR. WESTERFIELD’S DID YOU SEE
21 ANY OTHER OFFICERS PRESENT?
22 A. YES.
23 Q. WHO WAS THERE, PLEASE?
24 A. THERE WERE SOME MEMBERS FROM THE SPECIAL
25 INVESTIGATIONS UNIT.
26 Q. WHO?
27 A. SERGEANT WRAY, DETECTIVE MARK TALLMAN, DETECTIVE
28 STETSON AND I BELIEVE THERE MAY HAVE BEEN A COUPLE OTHER
4428
1 DETECTIVES.
2 Q. MORRIS?
3 A. MORRIS COULD HAVE BEEN ONE. YES, YES.
4 Q. MOBLEY?
5 A. AND MOBLEY, YES, SIR.
6 Q. AND YOURSELF?
7 A. AND DETECTIVE KEENE.
8 Q. SO IT’S A TOTAL OF SEVEN DETECTIVES, IS THAT RIGHT?
9 A. YES. IN THE AREA, YES.
10 Q. IN THE IMMEDIATE AREA OF MR. WESTERFIELD’S
11 PREMISES, CORRECT?
12 A. YES.
13 Q. AND WHO INITIATED THE CONVERSATION, OR WERE YOU
14 INTRODUCED IN SOME MANNER TO MR. WESTERFIELD?
15 A. I DON’T RECALL. I DON’T RECALL IF I INTRODUCED
16 MYSELF, WHICH I NORMALLY DO. I JUST DON’T RECALL DOING IT.
17 Q. OKAY. DID YOU NOT HAVE RESPONSIBILITY FOR
18 PARTICIPATING IN OBTAINING FROM HIM RELEVANT INFORMATION
19 REGARDING HIS WHEREABOUTS, OR WAS THAT DETECTIVE KEENE’S
20 RESPONSIBILITY?
21 A. THAT WAS DETECTIVE KEENE’S RESPONSIBILITY.
22 Q. SO, IN OTHER WORDS, ONE — HE’S YOUR PARTNER,
23 RIGHT?
24 A. YES.
25 Q. WHO ASSIGNS WHAT TASKS TO WHOM IN THAT
26 CIRCUMSTANCE?
27 A. WELL, LIKE I SAID BEFORE, ON SUNDAY WE WERE GOING
28 DOOR TO DOOR, AND EACH ONE OF US WERE TAKING TURNS, AND MR.
4429
1 WESTERFIELD’S HOUSE IT WAS HIS TURN, AND HE NATURALLY TOOK THE
2 LEAD ON IT.
3 Q. SO DOES THAT MEAN YOU WERE KEEPING TRACK FROM THE
4 NIGHT BEFORE AS TO WHOSE TURN IT WAS NEXT?
5 A. NO. HE JUST — HE WAS THERE FIRST AND HE JUST
6 STARTED TALKING TO HIM.
7 Q. ALL RIGHT.
8 WHEN HE STARTED TALKING TO MR. WESTERFIELD, WHO WAS
9 PRESENT, IF YOU RECALL?
10 A. WHEN HE INITIALLY STARTED — HE WAS ALREADY TALKING
11 TO HIM WHEN I WALKED UP. HE WAS ALREADY STANDING THERE WITH
12 SERGEANT WRAY AND DETECTIVE TALLMAN.
13 Q. I’M SORRY. WHEN YOU’RE SAYING “HE,” DO YOU MEAN
14 MR. WESTERFIELD OR DETECTIVE KEENE?
15 A. DETECTIVE KEENE WAS ALREADY — WAS ALREADY IN THE
16 DRIVEWAY WITH MR. WESTERFIELD, AND SERGEANT WRAY WAS NEARBY AND
17 DETECTIVE TALLMAN AND DETECTIVE STETSON. THE OTHER DETECTIVES
18 WERE OUT OF THE DRIVEWAY. I DON’T KNOW WHAT THEY WERE DOING.
19 Q. ALL RIGHT.
20 WHEN YOU ARRIVED HAD — WAS DETECTIVE KEENE ALREADY
21 UP ON THE DRIVEWAY?
22 A. YES.
23 Q. ALREADY SPEAKING?
24 A. YES.
25 Q. AND YOU DON’T KNOW HOW LONG HE HAD BEEN SPEAKING
26 FOR.
27 A. NO, I DON’T.
28 Q. WHERE DID YOU PARK YOUR CAR?
4430
1 A. I PARKED ON BRIAR — IS IT BRIARWOOD? THE
2 CORNER — IT WOULD BE JUST EAST OF THE HOUSE, MR. WESTERFIELD’S
3 HOUSE.
4 Q. AND YOU DIDN’T SEE DETECTIVE KEENE GETTING OUT OF
5 HIS CAR OR ANYTHING?
6 A. NO, I DIDN’T SEE HIM EXIT HIS VEHICLE.
7 Q. OKAY.
8 Q. AS DETECTIVE KEENE WAS SPEAKING WITH MR.
9 WESTERFIELD, YOU ASSISTED THAT INTERVIEW BY OBTAINING, I GUESS
10 FOR BOTH LAW ENFORCEMENT PURPOSES AND MR. WESTERFIELD’S
11 PURPOSES, A CONSENT TO SEARCH FORM. IS THAT WHAT YOU TOLD US ON
12 DIRECT, MA’AM?
13 A. YES. I HAD GONE TO MY VAN TO GET ONE. FROM WHAT I
14 RECALL, WHEN I CAME BACK TO WHERE DETECTIVE KEENE AND MR.
15 WESTERFIELD WERE STANDING, DETECTIVE KEENE HAD ALREADY HAD —
16 ALREADY HAD ONE.
17 Q. YOU JUST SAID YOU WENT TO YOUR VAN. I’M SORRY, IS
18 THAT THE USUAL VEHICLE YOU DRIVE?
19 A. YES.
20 Q. DO YOU CALL THAT OFF-DUTY OR IS THAT AN ON-DUTY
21 VEHICLE?
22 A. THAT’S MY ON-DUTY VEHICLE AND I TAKE IT HOME.
23 Q. SO YOU OBTAINED WRITTEN CONSENT FROM MR.
24 WESTERFIELD AND MR. WESTERFIELD WAS VERY COOPERATIVE, WASN’T HE?
25 A. YES, HE WAS.
26 Q. HE ALLOWED YOU TO GO IN THE DOOR, IS THAT RIGHT?
27 A. YES.
28 Q. DO YOU RECALL WHETHER MR. WESTERFIELD OPENED HIS
4431
1 DOOR AND HAD BOTH YOU AND DETECTIVE KEENE ENTER?
2 A. FROM WHAT I RECALL, MR. WESTERFIELD OPENED THE
3 DOOR.
4 Q. WHO ENTERED WHEN MR. WESTERFIELD OPENED THE DOOR?
5 A. DETECTIVE KEENE AND I.
6 Q. ANYBODY ELSE?
7 A. NO.
8 Q. DO YOU HAVE A SPECIFIC RECOLLECTION THAT THE ONLY
9 TWO PEOPLE THAT ENTERED MR. WESTERFIELD’S HOUSE WERE YOU AND
10 DETECTIVE KEENE?
11 A. YES. THAT’S THE ONLY ONES I REMEMBER COMING IN,
12 YES, AT THAT TIME.
13 Q. WELL, AT SOME POINT IN TIME BEFORE YOU EXITED MR.
14 WESTERFIELD’S RESIDENCE THAT FIRST TIME, DID ANY OTHER OFFICER
15 ENTER, TO YOUR KNOWLEDGE?
16 A. I DON’T RECALL.
17 Q. BY TELLING ME YOU DON’T RECALL, DO YOU MEAN TO
18 COMMUNICATE YOU DON’T REMEMBER OR IT COULD HAVE HAPPENED, YOU’RE
19 NOT SURE?
20 A. I DON’T REMEMBER SEEING ANY OTHER OFFICERS IN THERE
21 WITH US.
22 Q. AND YOU THINK IF SOMEONE WAS THERE YOU’D HAVE
23 REMEMBERED IT?
24 A. YES.
25 Q. SO AT LEAST IN YOUR MEMORY THERE WERE NO OTHER
26 OFFICERS IN THE HOUSE?
27 A. YES.
28 Q. WHERE DID YOU AND DETECTIVE KEENE FIRST GET TAKEN
4432
1 BY MR. WESTERFIELD?
2 A. LIVING ROOM AREA. THERE’S A FAMILY ROOM AREA,
3 DINING ROOM AREA, UPSTAIRS AND THEN DOWNSTAIRS —
4 Q. LET ME STOP YOU JUST FOR A SECOND.
5 WHEN YOU WENT DOWNSTAIRS, DID BOTH YOU AND
6 DETECTIVE KEENE LOOK IN THE DOWNSTAIRS AREA?
7 A. I DON’T KNOW WHERE DETECTIVE KEENE LOOKED.
8 Q. WHERE DID YOU LOOK?
9 A. I WENT TO THE LAUNDRY AREA.
10 Q. AND WHAT DID YOU SEE?
11 A. I SAW THE TAN BEDDING ON TOP OF THE DRYER, WHICH IN
12 MY REPORT I THOUGHT IT WAS A WASHER, BUT IT’S ACTUALLY A DRYER,
13 NOW THAT I LOOK AT THE PICTURES.
14 Q. SO ARE YOU JUST INDICATING THAT WITH REGARD TO YOUR
15 REPORT THERE’S A MISTAKE?
16 A. YES.
17 Q. AND HAVE YOU CALLED IT TO ANYBODY’S ATTENTION
18 BEFORE JUST NOW?
19 A. NO. I REALLY DIDN’T NOTICE IT UNTIL I SAW THE
20 PICTURES.
21 Q. AND WHEN DID YOU SEE THE PICTURES?
22 A. TODAY.
23 Q. TODAY’S THE FIRST TIME YOU’VE SEEN THE PICTURES?
24 A. YES.
25 Q. SO YOU JUST LEARNED TODAY THAT YOU MADE A MISTAKE
26 IN YOUR REPORT?
27 A. YES, ABOUT THE — ABOUT THE WASHER AND THE DRYER,
28 YES.
4433
1 Q. OKAY. YOU NOTICED THAT MR. WESTERFIELD HAD
2 UNLAUNDERED TAN BEDDING SHEETS AND A COMFORTER SITTING ON TOP OF
3 HIS — I’M SORRY, YOU WROTE WASHER BUT YOU MEAN DRYER, IS THAT
4 RIGHT?
5 A. YES, SIR.
6 Q. OKAY.
7 AND YOU PULLED THE BEDDING OUT AND NOTICED DIRT ON
8 THE BEDDING; IS THAT TRUE?
9 A. YES.
10 Q. YOU WROTE THAT YOU PULLED THE BEDDING OUT, IS THAT
11 RIGHT?
12 A. YES. I PULLED IT OUT.
13 Q. PLEASE DESCRIBE THE PROCESS OF WHAT YOU DID.
14 A. I HAD MY GLOVES ON, AND I KIND OF PULLED IT UP AND
15 OUT, NOT REAL FAR, AND THEN MR. WESTERFIELD SAID THAT THAT’S HIS
16 DIRTY LAUNDRY FROM THE DESERT, SO I PUT IT BACK DOWN AND THEN WE
17 PROCEEDED INTO THE GARAGE.
18 Q. YOU HAD YOUR GLOVES ON. WHEN DID YOU PUT GLOVES
19 ON?
20 A. BEFORE I WENT TO THE HOUSE.
21 Q. WHERE DID YOU GET THE GLOVES?
22 A. MY VAN.
23 Q. PARDON ME?
24 A. MY VAN. I KEEP GLOVES IN MY VAN.
25 Q. DO YOU KEEP PLASTIC BOOTIES IN YOUR VAN ALSO?
26 A. NO.
27 Q. HAVE YOU EVER USED, I DON’T KNOW, SOMETHING TO
28 COVER YOUR SHOE SOLES TO MAKE SURE THAT YOU DON’T
4434
1 CROSS-CONTAMINATE EVIDENCE?
2 A. NO.
3 Q. WITH REGARD TO THE EXISTENCE OF GLOVES, HAVE YOU
4 TOLD ANYBODY BEFORE TODAY YOU WERE WEARING GLOVES?
5 A. YES.
6 Q. WHO?
7 A. THE DISTRICT ATTORNEY.
8 Q. WHEN?
9 A. I TOLD HIM TODAY.
10 Q. WHEN?
11 A. THIS MORNING.
12 Q. DID HE ASK YOU?
13 A. NO.
14 Q. YOU’VE TESTIFIED HOW MANY DIFFERENT TIMES IN THIS
15 CASE PRIOR TO TODAY, MA’AM?
16 A. JUST ONCE.
17 Q. DID YOU MENTION IN YOUR PRIOR TESTIMONY ANYTHING
18 ABOUT GLOVES?
19 MR. DUSEK: OBJECTION, ASSUMES SHE WAS ASKED.
20 THE COURT: SUSTAINED.
21 YOU NEED NOT ANSWER.
22
23 BY MR. FELDMAN:
24 Q. WITH REGARD TO YOUR REPORTS, YOU PREPARED HOW MANY
25 REPORTS, MA’AM?
26 A. SEVERAL.
27 Q. WHEN YOU USE THE WORD “SEVERAL” WHAT NUMBER DO YOU
28 MEAN TO COMMUNICATE?
4435
1 A. MORE THAN FOUR OR FIVE.
2 Q. DID YOU MENTION THE WORD GLOVES IN ANY OF THE FOUR
3 OR FIVE REPORTS?
4 A. I DON’T RECALL IF I MENTIONED GLOVES.
5 Q. WOULD LOOKING AT THE REPORTS REFRESH YOUR
6 RECOLLECTION?
7 A. YES.
8 Q. PLEASE?
9 A. MAY I ANSWER?
10 Q. PLEASE.
11 A. IT DOES NOT SAY THAT I PUT ON MY GLOVES ENTERING
12 THE WESTERFIELD HOUSE OR THE MOTOR HOME, MR. WESTERFIELD’S MOTOR
13 HOME.
14 Q. IN FACT, THE WORD “GLOVE” OR “GLOVES” DON’T APPEAR
15 IN YOUR REPORTS ANYWHERE. THAT’S TRUE, ISN’T IT?
16 A. I NORMALLY DON’T PUT THAT IN MY REPORTS.
17 Q. THAT’S NOT WHAT I ASKED YOU.
18 A. YES.
19 Q. I ASKED YOU — LET ME ASK IT AGAIN, PLEASE.
20 A. OKAY. THANK YOU.
21 Q. IT’S TRUE, ISN’T IT, YOU NEVER PUT THE WORD “GLOVE”
22 OR “GLOVES” IN ANY REPORT IN THIS CASE?
23 A. I DID NOT, NO.
24 Q. AND YOU’RE AWARE THAT YOUR REPORTS ARE RELIED UPON
25 BY ALL PARTIES IN THE SYSTEM TO INSURE FAIR TRIALS, FOR
26 INSTANCE?
27 A. YES.
28 Q. AND YOU’RE AWARE THAT IT’S IMPORTANT TO INCLUDE
4436
1 EVERYTHING THAT MAY BE OF CONSEQUENCE IN CONNECTION WITH THE
2 CASE, CORRECT?
3 A. I TRY MY BEST, SIR.
4 Q. I THINK YOU JUST TOLD ME THAT AFTER YOU REMOVED —
5 OR I THINK YOU DESCRIBED IT PULLING CLOTHING OUT OF THE — OR
6 DOING SOMETHING WITH THE LAUNDRY, YOU WENT INTO THE GARAGE, IS
7 THAT ACCURATE — IS THAT CORRECT?
8 A. YES.
9 Q. SO DID YOU DO THAT STUFF, WHATEVER IT WAS YOU DID
10 WITH THE LAUNDRY, WAS THAT BEFORE OR AFTER YOU WENT UPSTAIRS?
11 A. I BELIEVE IT WAS AFTER.
12 Q. ALL RIGHT.
13 WHEN YOU FIRST WENT IN THE HOUSE YOU WENT UPSTAIRS,
14 IS THAT RIGHT?
15 A. NO. WE WERE IN THE LIVING ROOM/FAMILY ROOM AREA.
16 Q. YOU WALKED AROUND THE LIVING ROOM/FAMILY ROOM, IS
17 THAT A FAIR STATEMENT?
18 A. YES, SIR.
19 Q. AND THEN I GUESS I HAVE TO DO IT THIS WAY.
20 IN THE DOWNSTAIRS AREA, DO YOU RECALL ANY SEQUENCE
21 TO WHERE YOU WENT, MA’AM?
22 A. SHALL I?
23 Q. PLEASE.
24 A. IT’S THE FRONT DOOR RIGHT HERE.
25 Q. EXCUSE ME. I FORGOT TO SAY. FOR THE RECORD, I PUT
26 UP ON THE WALL COURT 43.
27 DO YOU SEE THE EXHIBIT NO. 43, MA’AM?
28 A. YES.
4437
1 Q. ALL RIGHT. I’M SORRY I INTERRUPTED YOU. COULD YOU
2 PLEASE?
3 A. THIS IS THE FRONT DOOR RIGHT HERE, AM I CORRECT?
4 Q. YOU’RE ASKING ME?
5 A. THERE’S — OKAY, IT IS THE FRONT DOOR.
6 Q. OKAY.
7 A. SO I REMEMBER WE CAME IN THIS WAY TO THE LIVING
8 ROOM.
9 Q. I’M SORRY. WHEN YOU SAY “THIS WAY” YOU’RE MOVING
10 YOUR POINTER FROM AN UPWARD DIRECTION TO A DOWNWARD DIRECTION,
11 IS THAT RIGHT, ON THE RIGHT-HAND SIDE OF THE CHART?
12 A. MOVING IT SOUTH.
13 Q. ALL RIGHT.
14 A. I REMEMBER COMING INTO THE LIVING ROOM HERE, THEN
15 MOVING ON TOWARDS THE FAMILY ROOM AND THE DINING ROOM AREA.
16 Q. OKAY.
17 A. I REMEMBER MR. WESTERFIELD HAD A NICE SLATE
18 FIREPLACE, AND I ASKED HIM — I TOLD HIM IT WAS A VERY NICE
19 SLATE FIREPLACE. DETECTIVE KEENE, I’M NOT SURE WHERE HE WENT IN
20 THIS AREA.
21 Q. YES.
22 A. I DON’T REMEMBER WALKING THROUGH THE KITCHEN, FROM
23 WHAT I RECALL, BACK UP THIS WAY INTO THE STAIRWELL.
24 Q. I’M SORRY. YOU JUST SAID “BACK UP THIS WAY” AND I
25 JUST NEED TO DESCRIBE IT FOR THE RECORD.
26 A. NORTH TOWARDS THE TABLE?
27 Q. YES.
28 A. AND THEN I WOULD HAVE GONE WEST TOWARDS THE STAIRS,
4438
1 WHICH WENT UP.
2 Q. NOW, WAS MR. WESTERFIELD IN FRONT OF YOU, BEHIND
3 YOU, DIRECTING YOU, DO YOU RECALL?
4 A. HE’S POINTING OUT AS WE GO WHERE EVERYTHING IS IN
5 BETWEEN THE TWO OF US AT ONE POINT OR HE’D LEAD. IT WASN’T THE
6 SAME THE WHOLE TIME, YOU KNOW. IT WASN’T HIM LEADING US THROUGH
7 THE WHOLE THING ‘CAUSE DETECTIVE KEENE AND I WOULD SPLIT, LIKE
8 IN THE FAMILY ROOM.
9 Q. OKAY.
10 A. SO —
11 Q. SO THAT YOU WERE SURE THAT AT LEAST YOU HAD THE
12 OPPORTUNITY TO INSPECT THE AREAS THAT YOU WERE THERE TO INSPECT?
13 A. YES.
14 Q. ALL RIGHT.
15 SO AT SOME POINT THEN — BUT YOU DON’T REMEMBER
16 WHETHER MR. WESTERFIELD LED YOU UPSTAIRS OR HE WAS IN THE
17 MIDDLE. YOU ALL ENDED UP UPSTAIRS?
18 A. YES. I DON’T RECALL WHO LED.
19 Q. I’M GOING TO TRY TO DO THIS WITHOUT HURTING
20 ANYBODY. I’M SHOWING YOU WHAT’S NOW MARKED 46.
21 IS THIS THE UPSTAIRS AREA INTO WHICH YOU WENT?
22 A. YES. THAT’S THE MASTER BEDROOM AREA.
23 Q. AND JUST DIRECTING YOUR ATTENTION TO THE BED, I
24 THINK YOU SAID THERE WAS — WAS THERE BED CLOTHING MISSING, WAS
25 THAT YOUR VIEW?
26 A. THE SHEETS ARE — WERE UP HERE IN THIS PICTURE AS
27 THEY DID THEN, BUT THE COMFORTER —
28 Q. UH-HUH.
4439
1 A. — AND THE LAUNDRY BASKET THERE, THAT WASN’T THERE.
2 Q. WHAT ABOUT BLANKETS, WERE BLANKETS ON THE BED?
3 A. NOTHING WAS ON THE BED.
4 Q. OKAY.
5 A. IT WAS JUST THE SHEETS.
6 Q. SO THESE PHOTOGRAPHS ACTUALLY DO NOT ACCURATELY
7 DEPICT THE CONDITION OF THE RESIDENCE WHEN YOU FIRST ENTERED, IS
8 THAT RIGHT, MA’AM?
9 A. THAT’S CORRECT.
10 Q. AND I THINK YOU TOLD MR. DUSEK 46H WAS THE
11 HANDLE — OR I GUESS THE DOOR THAT ALLOWED ACCESS INTO A
12 FOUR-BY-EIGHT ROOM, OR SOMETHING LIKE THIS?
13 A. YES.
14 Q. DID MR. WESTERFIELD POINT THAT ROOM OUT TO YOU?
15 A. YES.
16 Q. DID MR. WESTERFIELD ALSO AT SOME POINT POINT OUT TO
17 YOU AN ATTIC?
18 A. I DON’T RECALL WHO POINTED THAT OUT TO US. I KNOW
19 HE OFFERED TO GIVE US A LADDER TO CHECK IT.
20 Q. DO YOU RECALL WHETHER HE GOT YOU A LADDER TO CHECK
21 IT?
22 A. YES, HE DID.
23 Q. AND WERE YOU — WERE EITHER YOU OR DETECTIVE KEENE
24 ABLE TO CHECK THE AREA?
25 A. YES. DETECTIVE KEENE WENT UP THE LADDER.
26 Q. OKAY. THEN AFTER YOU CHECKED THE UPSTAIRS YOU WENT
27 BACK DOWNSTAIRS, IS THAT RIGHT?
28 A. YES.
4440
1 Q. AND YOU MADE THE OBSERVATIONS OF WHAT WAS IN THE
2 WASHING MACHINE, CORRECT?
3 A. YES. ON THE WASHING — ON THE DRYER.
4 Q. I’M SORRY, ON THE DRYER.
5 DOES — I PUT UP ON THE WALL 45 “A,” “B”, “C,” “D”
6 AND “E.” DO THESE PHOTOGRAPHS TRULY AND ACCURATELY DEPICT THE
7 CONDITION OF THE INTERIOR OF THE WASHER/DRYER — OR DRYER, AS
8 YOU OBSERVED THEM INITIALLY?
9 A. I DID NOT LOOK INSIDE THE WASHER/DRYER. THE TOP
10 SIDE DOES NOT LOOK LIKE WHAT I SAW.
11 Q. WHEN YOU SAY THE TOP SIDE, YOU STARTED TO MOVE YOUR
12 POINTER BUT I THINK YOU WERE REFERRING TO 45B; IS THAT RIGHT,
13 MA’AM?
14 A. YES, SIR. 45B ND 45A AND 45D.
15 Q. ALL RIGHT.
16 AND 45A, “B” AND “C” WE SEE CLOTHING OR ITEMS, IT’S
17 HARD TO TELL WHAT IT IS AT THIS POINT, ON TOP OF AN APPLIANCE.
18 IS THAT A FAIR STATEMENT?
19 A. YES.
20 Q. YOU DON’T RECALL THEM BEING THE ITEMS BEING ON TOP
21 OF THE APPLIANCE WHEN YOU FIRST ENTER; IS THAT CORRECT?
22 A. I KNOW THOSE ITEMS WERE NOT THERE.
23 Q. YOU JUST DON’T KNOW WHETHER OR NOT THERE WERE ITEMS
24 IN THE WASHING MACHINE?
25 A. I DID NOT LOOK INTO THE WASHING MACHINE.
26 Q. OKAY.
27 AND DO YOU SEE WHAT APPEARS TO BE A — REPRESENT A
28 WASHING MACHINE THAT SAYS KENMORE ON IT?
4441
1 A. YES.
2 Q. IN YOUR VIEW IS THERE ANYTHING UNUSUAL ABOUT A
3 PERSON GOING ON AN OVERNIGHT TRIP AND THEN COMING HOME AND DOING
4 THE LAUNDRY?
5 A. NO.
6 MR. DUSEK: OBJECTION, SPECULATION.
7 THE COURT: OVERRULED. YOU CAN ANSWER THAT.
8 THE WITNESS: NO.
9 BY MR. FELDMAN:
10 Q. IN YOUR VIEW IS THERE ANYTHING UNUSUAL ABOUT A
11 PERSON WASHING A COMFORTER?
12 A. NO.
13 Q. DO YOU RECALL ABOUT HOW MUCH TIME YOU SPENT INSIDE
14 THE WESTERFIELD RESIDENCE THAT FIRST TIME?
15 A. APPROXIMATELY 10 TO 15 MINUTES.
16 Q. WHEN YOU WERE DONE WITH WHATEVER IT WAS YOU FELT
17 YOU NEEDED TO DO, WHAT WAS THE NEXT THING YOU ALL DID?
18 A. WE FOLLOWED MR. WESTERFIELD UP TO SKY RIDGE
19 Q. WELL, THE INTERMEDIATE STEP IS, WAS THERE A
20 COMMUNICATION WITH MR. WESTERFIELD WHERE IT WAS DISCUSSED WHERE
21 YOU WERE NEXT GOING TO GO?
22 A. YES.
23 Q. AND DID MR. WESTERFIELD SUGGEST OR VOLUNTEER OR
24 OFFER TO GO TO WHERE THE MOTOR HOME WAS?
25 A. YES. HE SAID HE’D SHOW US THE WAY.
26 Q. AND HE GAVE YOU A CONSENT TO SEARCH, RIGHT?
27 A. YES, SIR.
28 Q. AND HE DIDN’T HAVE TO DO THAT, DID HE?
4442
1 A. NO, HE DIDN’T.
2 Q. IN FACT, YOU SPECIFICALLY TOLD HIM HE DIDN’T HAVE
3 TO SIGN A CONSENT, DIDN’T YOU?
4 A. YES. I SPECIFICALLY DID NOT SAY IT, OKAY.
5 Q. DID SOMEONE IN YOUR PRESENCE?
6 A. IT WAS DETECTIVE KEENE HANDLED THE CONSENT TO
7 SEARCH ON HIS HOUSE.
8 Q. WHAT ABOUT ON THE MOTOR HOME?
9 A. ON THE MOTOR HOME IT HAS AN ADMONISHMENT ON IT, AND
10 THE TOYOTA, BOTH ON THE SAME PAGE.
11 Q. I’D LIKE TO DIRECT YOUR ATTENTION TO WHAT’S BEEN
12 PREVIOUSLY MARKED COURT EXHIBIT 42.
13 IS 42 THE ORIGINAL OF THE CONSENT TO SEARCH FORM TO
14 WHICH YOU’RE MAKING REFERENCE?
15 A. YES.
16 Q. AND IT’S TWO-SIDED, ISN’T IT?
17 A. YES.
18 Q. AND DIDN’T YOU SIGN —
19 A. YES, I DID, BOTH SIDES.
20 Q. AND IT SPECIFICALLY INDICATES THAT MR. WESTERFIELD
21 WAS INFORMED OF HIS CONSTITUTIONAL RIGHT NOT TO HAVE A SEARCH
22 MADE OF, FOR INSTANCE, HIS VEHICLE, IS THAT RIGHT?
23 A. YES.
24 Q. SO YOU JUST TOLD ME EARLIER THAT THERE WAS AN
25 ADMONISHMENT?
26 A. THAT’S WHAT WE CONSIDER THE ADMONISHMENT.
27 Q. OKAY.
28 SO WHEN YOU — WHEN YOU USE THE WORD
4443
1 “ADMONISHMENT”, AT LEAST IN THE CONTEXT OF THE CONSENT, WHAT
2 YOU’RE MEANING TO COMMUNICATE IS THAT THERE’S AN ADVISAL OF AN
3 INDIVIDUAL’S CONSTITUTIONAL RIGHT TO NOT CONSENT, AND A REQUEST
4 TO GIVE UP THAT RIGHT AND AGREE TO PERMIT YOU AS A LAW
5 ENFORCEMENT OFFICER TO SEARCH A PARTICULAR PIECE OF PROPERTY, IS
6 THAT RIGHT?
7 A. YES. BY SIGNING THE FORM HE’S GIVING US PERMISSION
8 TO SEARCH THE VEHICLES, AND HE HAS EVERY RIGHT NOT TO SIGN IT OR
9 GIVE US PERMISSION.
10 Q. AND IF HE DOESN’T SIGN IT YOU, AS A LAW ENFORCEMENT
11 OFFICER, STILL HAVE THE OPTION OF GETTING A SEARCH WARRANT?
12 A. YES.
13 Q. BUT REGARDLESS, MR. WESTERFIELD GAVE YOU
14 PERMISSION?
15 A. YES, HE DID.
16 Q. THEN HOW DID YOU ALL, MEANING THE OFFICERS AND MR.
17 WESTERFIELD, GET FROM MR. WESTERFIELD’S RESIDENCE TO THE MOTOR
18 HOME?
19 A. WE FOLLOWED MR. WESTERFIELD.
20 Q. WHO IS “WE”?
21 A. DETECTIVE KEENE AND I AND SERGEANT WRAY AND A FEW
22 OF THE OTHER DETECTIVES.
23 Q. WHICH DETECTIVES?
24 A. DETECTIVE MORRIS, DETECTIVE STETSON, AND I BELIEVE
25 DETECTIVE — I DON’T RECALL IF DETECTIVE MOBLEY WENT OR NOT.
26 Q. OKAY.
27 WE’RE RUNNING OUT OF WATER OVER HERE, TOO, YOUR
28 HONOR.
4444
1 I’M JUST TRYING TO WAIT, YOUR HONOR, TO GIVE THE
2 JUROR A CHANCE.
3 (PAUSE)
4 THE COURT: ALL RIGHT, MR. FELDMAN.
5 MR. FELDMAN: YES?
6 THE COURT: UM-HMM.
7
8 BY MR. FELDMAN:
9 Q. SO MA’AM, ULTIMATELY HOW MANY DIFFERENT VEHICLES
10 DROVE FROM THE WESTERFIELD RESIDENCE TO THE MOTOR HOME, IF YOU
11 RECALL?
12 A. I RECALL THREE.
13 Q. WHEN YOU ARRIVED AT THE MOTOR HOME, WHAT HAPPENED?
14 A. WE PARKED ON THE — DETECTIVE KEENE AND I PARKED ON
15 A LITTLE DIRT HUMP KIND OF TO GET OFF THE ROAD. THERE’S NOT
16 MUCH PARKING THERE, SO WE HAD TO PARK UP ON THE NORTH SIDE OF
17 THE ROAD.
18 Q. WHERE WAS MR. WESTERFIELD?
19 A. I DON’T RECALL WHERE HE PARKED. I THINK HE WAS
20 AHEAD OF US.
21 Q. WHAT DID YOU DO WHEN YOU GOT THERE?
22 A. GOT OUT OF OUR VEHICLES AND WENT AND CHECKED THE
23 MOTOR HOME, JUST AS I TESTIFIED BEFORE.
24 Q. FIRST FROM THE OUTSIDE?
25 A. YES, SIR.
26 Q. AND MR. WESTERFIELD CALLED YOUR ATTENTION TO A
27 PARTICULAR AREA THAT APPARENTLY YOU AND DETECTIVE KEENE HAD
28 MISSED, IS THAT RIGHT?
4445
1 A. YES, SIR.
2 Q. AND THEN MR. WESTERFIELD OPENED THE DOOR AND YOU
3 ALL WALKED IN, RIGHT?
4 A. YES.
5 Q. WHO ENTERED THE MOTOR HOME?
6 A. MYSELF ENTERED THE FRONT PART OF THE MOTOR HOME.
7 DETECTIVE KEENE WENT TO THE BACK. MR. WESTERFIELD WAS KIND OF
8 IN THE KITCHEN AREA ALONG WITH DETECTIVE MORRIS, I BELIEVE.
9 Q. OKAY.
10 SO DETECTIVE MORRIS IS ACTUALLY INSIDE THE MOTOR
11 HOME, TOO?
12 A. YES.
13 Q. WHERE WAS — THANK YOU.
14 WHERE WAS DETECTIVE MORRIS, IF YOU RECALL?
15 A. I JUST REMEMBER SEEING HIM IN THE KITCHEN AREA.
16 MR. FELDMAN: I HAVE MR. DUSEK’S DISEASE, YOUR HONOR.
17 THERE WAS A WHISPER.
18 THE COURT: WELL, LET’S PUT IT THIS WAY. YOU DIDN’T
19 KNOCK OVER THE PITCHER BUT YOU MADE A STRONG EFFORT TO DUPLICATE
20 WHAT MR. DUSEK DID.
21 MR. FELDMAN: THANK YOU.
22 Q. WHILE IN THE MOTOR HOME DID YOU PUT ANY SHOE
23 COVERINGS ON OF ANY KIND?
24 A. NO.
25 Q. DID YOU PUT ANY GLOVES ON?
26 A. YES.
27 Q. AND, OF COURSE, WE’VE ALREADY DISCUSSED THERE’S NO
28 NOTATION OF ANY GLOVES BEING ON ANYBODY, RIGHT, IN ANY REPORT
4446
1 THAT YOU PREPARED?
2 A. NOT IN MY REPORT.
3 Q. DO YOU RECALL WHETHER OR NOT MORRIS HAD ON ANY
4 GLOVES?
5 A. I DON’T RECALL.
6 Q. DO YOU RECALL WHETHER OR NOT DETECTIVE KEENE HAD ON
7 ANY GLOVES?
8 A. YES, BECAUSE I GAVE THEM TO HIM.
9 Q. ALL RIGHT.
10 HOW MUCH TIME WOULD YOU ESTIMATE YOU SPENT IN THE
11 MOTOR HOME?
12 A. MAYBE 10 MINUTES. THE WHOLE MOTOR HOME, CHECKING
13 FROM OUTSIDE INSIDE, FIFTEEN.
14 Q. I’M SORRY?
15 A. APPROXIMATELY FIFTEEN.
16 Q. OKAY.
17 Q. AFTER YOU COMPLETED WHAT IT WAS YOU NEEDED TO DO
18 WITH THE MOTOR HOME YOU SEPARATED FROM MR. WESTERFIELD; IS THAT
19 RIGHT?
20 A. WE DROVE — WE ALL HAD TO DRIVE DOWN THE SAME ROAD,
21 AS I TESTIFIED BEFORE.
22 Q. YES.
23 A. THE SAME WINDY ROAD. WE ALL LEFT ABOUT THE SAME
24 TIME, AND THEN WHEN WE GOT TO THE BOTTOM OF THE HILL I DON’T
25 REMEMBER — I DIDN’T SEE THE OTHER DETECTIVES. I KNOW WE WENT
26 RIGHT, MR. WESTERFIELD WENT STRAIGHT AND I DON’T KNOW WHERE
27 ANYBODY ELSE WENT.
28 Q. AND IS IT CORRECT THAT AT ABOUT NOON YOU AND
4447
1 DETECTIVE KEENE RETURNED TO MR. WESTERFIELD’S RESIDENCE?
2 A. IT WAS APPROXIMATELY NOON.
3 Q. MR. WESTERFIELD AGAIN AGREED TO PERMIT YOU TO ENTER
4 THE RESIDENCE, ISN’T THAT TRUE?
5 A. YES.
6 Q. AND IT WAS DURING THIS SECOND ENTRY THAT YOU
7 WERE — WALKED THROUGH THE HOUSE BY DETECTIVE LABORE; ISN’T THAT
8 TRUE?
9 MR. DUSEK: OBJECTION, 352, IRRELEVANT.
10 THE COURT: SUSTAINED.
11 MR. FELDMAN: SIDE BAR, PLEASE.
12 THE COURT: ALL RIGHT.
13
14
15 (PROCEEDINGS NOT MADE PART OF THIS RECORD.)
16
17
18
19
20
21
22
23
24
25
26
27
28
4448
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
4449
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18 (THE FOLLOWING PROCEEDINGS WERE HELD IN
OPEN COURT IN THE PRESENCE OF THE JURY:)
19
20 BY MR. FELDMAN:
21 Q. WITH REGARD TO THE SECOND TIME YOU WERE IN THE
22 HOUSE, MA’AM, IT’S THE SECOND TIME YOU WERE IN THE HOUSE THAT
23 YOU CHECKED THE ATTIC, ISN’T THAT TRUE?
24 A. NO. DETECTIVE KEENE CHECKED THE ATTIC.
25 Q. ALL RIGHT.
26 HOW MANY PEOPLE WERE IN THE HOUSE AT THAT TIME?
27 A. DETECTIVE LABORE HAD LEFT AND IT WAS DETECTIVE
28 KEENE AND I AND MR. WESTERFIELD INSIDE THE HOUSE.
4450
1 Q. DO YOU HAVE A SPECIFIC RECOLLECTION OF THAT?
2 A. THAT’S WHAT I RECALL UPSTAIRS CHECKING THE ATTIC.
3 Q. WOULD LOOKING AT YOUR REPORT POTENTIALLY REFRESH
4 YOUR RECOLLECTION, MA’AM?
5 A. YES.
6 Q. ALL RIGHT.
7 BUT ONLY FOR THE LIMITED PURPOSE OF REFRESHING YOUR
8 RECOLLECTION ON THE NUMBER OF PEOPLE THAT WERE IN THE HOUSE,
9 OKAY, AT THE TIME OF THE ATTIC?
10 A. YES.
11 MR. FELDMAN: COUNSEL, IT’S PAGE —
12 (PAUSE)
13 Q. I’M SPECIFICALLY DIRECTING YOUR ATTENTION TO A
14 PARTICULAR PARAGRAPH. AND MA’AM, THE CALL OF MY QUESTION IS
15 JUST HOW MANY PEOPLE, NOT WHO THEY WERE, NOT WHAT THEY WERE
16 DOING?
17 A. WHEN THE PART YOU HAVE CIRCLED HERE, THAT WAS DONE
18 FIRST, AND THEN WE WENT IN AND CHECKED THE VENTING SYSTEM.
19 Q. HOW MANY PEOPLE WERE IN THE HOUSE?
20 A. AT THE TIME WE GOT THE LADDER —
21 Q. YES.
22 A. — AND CHECKED IT? IT WAS JUST DETECTIVE KEENE AND
23 MR. WESTERFIELD AND I AT THE TIME THAT WE ACTUALLY WENT UP INTO
24 THE ATTIC.
25 Q. BUT THAT WAS THE SECOND TIME YOU WERE IN THE
26 RESIDENCE, CORRECT?
27 A. YES. BUT DETECTIVE LABORE SHOWED ME WHAT WE — HE
28 THOUGHT WE SHOULD CHECK, AND THEN HE WENT DOWNSTAIRS AND OUT,
4451
1 AND THEN MR. WESTERFIELD OFFERED TO GET US THE LADDER, AND WE
2 CHECKED IT BUT DETECTIVE LABORE HAD ALREADY TAKEN HIS SELF OUT
3 AND HIS COMPANION.
4 Q. ALL RIGHT.
5 Q. I WANT TO BACK UP A LITTLE BIT. YOU HAD SAID
6 EARLIER THAT YOU WENT FROM I GUESS THE AREA OF THE LAUNDROMAT —
7 I’M SORRY — THE AREA OF THE LAUNDRY INTO THE GARAGE, IS THAT
8 RIGHT?
9 A. YES.
10 Q. AND THAT GARAGE WAS AN ENCLOSED AREA, WASN’T IT?
11 A. IT’S A GARAGE WHICH HAS AN OPEN — THE DOOR THAT
12 OPENS LIKE ANY OTHER GARAGE.
13 Q. BUT WHEN YOU WENT IN INITIALLY, THE DOOR WAS NOT
14 OPEN, CORRECT?
15 A. THAT’S CORRECT.
16 Q. AND YOU WALKED AROUND IN A PARTICULAR AREA OF THE
17 GARAGE; IS THAT CORRECT?
18 A. YES.
19 Q. BUT WHEN YOU FIRST ENTERED THE GARAGE WAS IT AN
20 ENCLOSED AREA? IN OTHER WORDS, WERE THE DOORS CLOSED? HOW’S
21 THAT?
22 A. YES.
23 Q. SO WHEN YOU FIRST WENT IN THE GARAGE, THE LIGHTS
24 WEREN’T ON AND THE DOORS WERE CLOSED, IS THAT RIGHT?
25 A. YES, JUST FOR A FEW MOMENTS, THOUGH.
26 Q. AND THEN MR. WESTERFIELD APPARENTLY, I DON’T KNOW
27 AT YOUR REQUEST OR NOT, OPENED THE GARAGE DOOR TO ILLUMINATE THE
28 AREA, IS THAT RIGHT?
4452
1 A. YES.
2 Q. BECAUSE OF THE ENCLOSED AREA DID YOU NOTICE WHETHER
3 OR NOT YOU COULD SMELL A PUNGENT AREA — SMELL A PUNGENT AROMA
4 THROUGHOUT THE GARAGE?
5 A. ARE YOU REFERRING TO THE BLEACH SMELL?
6 Q. WELL, OKAY. LET’S REFER TO THE BLEACH SMELL.
7 A. I DIDN’T SMELL IT TILL I GOT OVER TO THE EAST SIDE.
8 Q. SO IT WAS VERY LOCALIZED?
9 A. IT SEEMED TO BE ON THE EAST SIDE OF THE GARAGE TO
10 ME.
11 Q. DID YOU NOTICE WHETHER OR NOT THERE WAS A TRASH
12 CAN?
13 A. NO, I DIDN’T — DON’T RECALL SEEING A TRASH CAN.
14 Q. DOES YOUR ANSWER MEAN THAT THERE WAS NO TRASH CAN
15 OR YOU DON’T REMEMBER WHETHER OR NOT THERE WAS A TRASH CAN?
16 A. I DO NOT REMEMBER SEEING ONE. THERE VERY WELL
17 COULD HAVE BEEN ONE. I DON’T REMEMBER SEEING ONE —
18 Q. AT SOME POINT —
19 A. — ON THE EAST WALL.
20 Q. ALL RIGHT.
21 AT SOME POINT DID YOU GO BACK INTO THE HOUSE?
22 A. YES.
23 Q. REDIRECTING YOUR ATTENTION OR, DIRECTING YOUR
24 ATTENTION, MA’AM, TO 29. DO YOU RECOGNIZE 29?
25 A. 29C, “D” — THAT’S SUPPOSED TO BE “E”?
26 Q. I DON’T SEE AN “E” UP THERE, DO YOU?
27 THE COURT: IT’S FALLEN OFF.
28 THE WITNESS: FALLEN OFF. I ASSUME THAT’S “E.” “G” AND
4453
1 “H LOOK LIKE — AND “J” AND “K” LOOK LIKE THE COUNTER TOP IN THE
2 KITCHEN AREA OF MR. WESTERFIELD’S HOUSE. AND “B” WOULD BE
3 LOOKING AT THE KITCHEN AREA FROM WHAT I WOULD CALL THE FAMILY
4 ROOM. AND “A” WOULD BE, AGAIN, THE FAMILY ROOM. AND THAT’S THE
5 FAMILY ROOM, HAD THE SLATE FIREPLACE —
6 Q. YES.
7 A. — WOULD BE LOOKING WEST FROM THE FIREPLACE AREA
8 INTO THE DINING ROOM.
9 Q. OKAY. DO ANY OF THESE PHOTOS, “A”, “B”, “C”, ET
10 CETERA, DO THEY ACCURATELY DEPICT THE CONDITION OF THE RESIDENCE
11 WHEN YOU FIRST ENTERED?
12 A. I DON’T — I DIDN’T CHECK THE KITCHEN AREA. I
13 DON’T REMEMBER GOING INTO THE KITCHEN AREA. I THINK DETECTIVE
14 KEENE DID BUT I’M NOT SURE. I KNOW I DIDN’T LOOK AT THAT AREA
15 AND I DON’T RECOGNIZE THE PAPERWORK YOU HAVE OUT HERE.
16 ON “F”, “G”, “H”, “I”, “K” AND “J”, I DON’T
17 RECOGNIZE THE PAPERWORK. I RECOGNIZE THE COUNTER TOP.
18 Q. WHAT ABOUT “A”? DOES “A” APPEAR TO ACCURATELY
19 DEPICT THE CONDITION OF THE RESIDENCE WHEN YOU FIRST ENTERED?
20 A. YES, EXCEPT I — FROM WHAT I RECALL, THE MAGAZINES
21 WERE NOT — THEY WERE MORE IN A STACKED OR NEATER — THEY SEEMED
22 TO BE NEATER. THAT’S THE ONLY THING THAT LOOKS — AND MAYBE THE
23 COUCH IS PULLED OUT A LITTLE BIT ON THE RIGHT, THE LOVE SEAT.
24 Q. UM-HMM. YOU’RE SAYING THE LOVE SEAT. YOU’RE
25 REFERRING TO — WE CAN SEE A CORNER OF WHAT — A PIECE OF
26 FURNITURE, RIGHT?
27 A. BUT, IN ESSENCE, IT’S THE SAME. IT LOOKS THE SAME
28 TO ME.
4454
1 Q. ALL RIGHT. WHAT ABOUT “B”?
2 A. “B” FROM THE DISTANT SHOT IT IS — IT LOOKS TO BE
3 ABOUT THE SAME. I DON’T SEE ANYTHING SPECIFIC OUT OF PLACE.
4 Q. AND WITH REGARD TO THE REMAINDER, YOU SEE THE
5 EVIDENCE TAGS AND SO IT APPEARS AS THOUGH SOMEONE’S COME IN
6 AFTER YOU WHEN THESE PHOTOS WERE SHOT, IS THAT RIGHT?
7 A. IT APPEARS WHAT?
8 Q. AS THOUGH SOMEONE CAME IN AFTER YOU TO PUT THE
9 EXHIBIT NUMBERS?
10 A. THE EXHIBIT NUMBERS ARE THERE. THAT’S THE EVIDENCE
11 NUMBERS. BUT AS FAR AS THE PAPERWORK AND THAT TYPE OF STUFF, I
12 DON’T REMEMBER SEEING ANY OF THAT.
13 Q. BECAUSE, AS YOU JUST TOLD ME, THAT WASN’T YOUR
14 TASK?
15 A. RIGHT. THAT’S NOT WHERE I LOOKED.
16 Q. ALL RIGHT.
17 MR. FELDMAN: YOUR HONOR, IF I COULD JUST HAVE A MOMENT,
18 PLEASE.
19 THE COURT: SURE.
20 (PAUSE)
21 BY MR. FELDMAN:
22 Q. DURING — THERE WAS A PERIOD OF TIME WHEN YOU WERE
23 UPSTAIRS IN MR. WESTERFIELD’S OFFICE. DO YOU RECALL THAT?
24 A. THE LITTLE COMPUTER ROOM OFFICE, YES.
25 Q. DO YOU RECALL WHETHER OR NOT THERE WAS ANY
26 DISCUSSION BETWEEN MR. WESTERFIELD AND DETECTIVE KEENE
27 CONCERNING THE OBTAINING OF A TELEPHONE NUMBER?
28 A. FROM WHAT I RECALL, DETECTIVE KEENE ASKED HIM ABOUT
4455
1 A PHONE NUMBER, FROM WHAT I RECALL WAS TO GARRY.
2 Q. DID MR. WESTERFIELD GIVE IT TO HIM?
3 A. I DON’T RECALL.
4 Q. WOULD LOOKING AT DETECTIVE KEENE’S NOTES REFRESH
5 YOUR RECOLLECTION AS TO WHETHER OR NOT YOU GOT THE PHONE NUMBER?
6 A. THEY’RE NOT MY NOTES, BUT I CAN LOOK AT HIS NOTES
7 IF YOU’D LIKE.
8 MR. FELDMAN: COUNSEL, 4,314.
9 Q. MA’AM, I’M SHOWING YOU A PAGE OF WHAT I’M
10 REPRESENTING TO BE DETECTIVE KEENE’S NOTES. AND I’VE GIVEN
11 COUNSEL THE DISCOVERY NUMBER. AGAIN, FOR THE LIMITED PURPOSE OF
12 REFRESHING YOUR RECOLLECTION, I’D LIKE YOU TO SEE WHERE IT SAYS
13 “GARRY” AND A PHONE NUMBER?
14 A. YES.
15 Q. DOES THAT REFRESH YOUR RECOLLECTION AS TO WHETHER
16 OR NOT MR. WESTERFIELD PROVIDED DETECTIVE KEENE GARRY’S PHONE
17 NUMBER?
18 MR. DUSEK: OBJECTION, VAGUE AS TO WHEN.
19 THE COURT: OVERRULED. WE’VE GOT THE SITUATION IN HAND.
20 YOU MAY ANSWER, DETECTIVE.
21 THE WITNESS: I WOULD — I DON’T KNOW IF HE GAVE IT TO
22 HIM. I DIDN’T SEE DETECTIVE KEENE WRITE THIS, BUT I —
23 MR. DUSEK: OBJECTION. SHE’S ANSWERED THE QUESTION.
24 THE COURT: SUSTAINED. SHE HAS ANSWERED THE QUESTION.
25 MR. FELDMAN: NO FURTHER QUESTIONS. THANK YOU.
26 THE COURT: ALL RIGHT.
27 ANYTHING FURTHER, MR. DUSEK?
28 REDIRECT EXAMINATION +
4456
1 BY MR. DUSEK:
2 Q. MA’AM, YOU TALKED ABOUT WEARING GLOVES?
3 A. YES.
4 Q. WHY DIDN’T YOU WRITE THAT IN YOUR REPORT?
5 A. SOMETHING I DO A LOT. I PUT GLOVES ON TO GO INTO
6 HOUSES TO DO SEARCHES ALL THE TIME. IT’S JUST PART OF THE JOB.
7 Q. DID YOU HAVE YOUR BADGE WITH YOU?
8 A. YES.
9 Q. DID YOU WRITE THAT IN THE REPORT?
10 A. NO.
11 Q. DO YOU WRITE DOWN THE CLOTHING YOU WERE WEARING
12 THAT DAY?
13 A. NO.
14 Q. DO YOU DESCRIBE YOUR VAN?
15 A. NO.
16 Q. THERE WAS QUESTIONS ASKED ABOUT SOME LIGHT BOOTIES
17 OR LIGHT PLASTIC BOOTIES. ARE THERE SUCH THINGS?
18 A. I DON’T HAVE ANY.
19 Q. ARE THEY ISSUED BY THE DEPARTMENT?
20 A. NOT TO ME.
21 Q. IN THE MOTOR HOME WHEN YOU WENT INTO THE R.V., HOW
22 FAR DID YOU GO?
23 LET ME SHOW YOU WHAT’S BEEN PREVIOUSLY MARKED AS
24 COURT’S EXHIBIT 50. DO YOU SEE WHAT WE HAVE DEPICTED HERE?
25 A. YES.
26 Q. DOES THAT APPEAR TO BE THE MOTOR HOME THAT WE’VE
27 BEEN TALKING ABOUT?
28 A. YES, IT DOES.
4457
1 Q. DO YOU SEE THE APPROXIMATE LOCATION WHERE YOU WENT
2 IN THAT MOTOR HOME?
3 A. YES.
4 Q. POINT IT OUT PLEASE AND TELL US WHICH PHOTOGRAPH.
5 A. I ENTERED THE DOOR — THE SIDE DOOR IN “C” AND
6 STAYED MAINLY IN THE AREA IN THE PHOTOGRAPH “B”.
7 Q. YOU WOULD HAVE BEEN IN ARM’S LENGTH OF OBJECTS THAT
8 ARE VISIBLE THERE?
9 A. IT’S THE DRIVER’S SEAT AND THE PASSENGER SEAT AREA.
10 Q. AND DID YOU SEE HOW FAR DETECTIVE KEENE WENT BACK?
11 A. NO. I JUST KNOW HE WENT TO THE BACK, ALL THE WAY
12 TO THE BACK.
13 Q. DID YOU SEE ANYBODY WALK ON THAT BED BACK THERE?
14 A. NO.
15 Q. DID YOU SEE ANYBODY PUT THEIR SHOES OVER THE SINK
16 IN THE BATHROOM?
17 A. NO.
18 Q. DID YOU SEE ANYBODY GO TO THE SIDE OF THE BED IN
19 THAT REAR PORTION OF THE MOTOR HOME?
20 A. NO, SIR.
21 Q. DID YOU SEE ANYBODY WALK ON MR. WESTERFIELD’S BED
22 IN HIS BEDROOM IN HIS HOUSE?
23 A. NO.
24 Q. DID YOU SEE ANYBODY SHAKE THEIR SHOES OVER HIS BED
25 IN HIS HOUSE?
26 A. NO, SIR.
27 Q. DID YOU GO TO THE RECOVERY SITE WHERE DANIELLE WAS
28 FOUND?
4458
1 A. YES.
2 MR. FELDMAN: SCOPE, OBJECTION.
3 THE COURT: OVERRULED. WHILE THE DETECTIVE’S HERE WE’LL
4 COVER IT.
5
6 BY MR. DUEK:
7 Q. HOW CLOSE DID YOU GET?
8 A. I STAYED ON THE STREET.
9 Q. DID YOU OR DETECTIVE KEENE GET ANYWHERE NEAR THE
10 THROAT OF DANIELLE VAN DAM WITH YOUR SHOES?
11 A. NO, NOWHERE NEAR.
12 MR. DUSEK: THANK YOU, MA’AM.
13 NOTHING FURTHER.
14 THE COURT: ALL RIGHT. ANY REDIRECT — OR RECROSS,
15 EXCUSE ME.
16
17 RECROSS-EXAMINATION+
18 BY MR. FELDMAN:
19 Q. DID YOU WRITE DOWN WHAT TYPE OF SHOES YOU WERE
20 WEARING ON THE 3RD?
21 A. I WROTE A REPORT ABOUT MY SHOES ON THE 3RD AND THE
22 4TH. AND I THINK I DID, YES. THE NEW BALANCE SHOES AND THE
23 SKETCHER SHOES WERE THE TWO SHOES I WORE.
24 Q. THAT WAS IN THE REPORT THAT YOU WERE REQUESTED TO
25 WRITE —
26 A. YES.
27 Q. — SUBSEQUENTLY.
28 I’M ASKING WHETHER IN THE REPORT THAT YOU
4459
1 ORIGINALLY DRAFTED DID YOU WRITE DOWN WHAT TYPE OF SHOES YOU
2 WERE WEARING ON THE 3RD?
3 A. NO.
4 MR. FELDMAN: NO FURTHER QUESTIONS.
5 THE COURT: ANYTHING FURTHER?
6 MR. DUSEK: NO.
7 THE COURT: ALL RIGHT. IS THE DETECTIVE BEING SUBJECT TO
8 RECALL?
9 MR. FELDMAN: YES, PLEASE.
10 THE COURT: ALL RIGHT. DETECTIVE, YOUR TIME WITH US IS
11 DONE FOR THE TIME BEING. PLEASE REMEMBER THE ADMONISHMENT NOT
12 TO DISCUSS YOUR TESTIMONY WITH ANYONE ELSE UNLESS IT RELATES TO
13 THE ONGOING INVESTIGATION.
14 THE WITNESS: YES, SIR.
15 THE COURT: ALL RIGHT. YOU’RE FREE TO LEAVE AT THIS
16 TIME.
17 MR. DUSEK: MARK MATTHEWS. IF WE COULD ALSO HOOK UP THE
18 MACHINE, YOUR HONOR.
19 THE COURT: SURE.
20
21 -MARK MATTHEWS, +
22 PLAINTIFF’S WITNESS, HAVING BEEN SWORN, TESTIFIED AS FOLLOWS:
23
24 THE COURT: PLEASE HAVE A SEAT.
25 THE WITNESS: THANK YOU.
26 THE CLERK: SIR, WOULD YOU PLEASE STATE YOUR NAME AND
27 SPELL IT FOR THE RECORD.
28 THE WITNESS: MARK MATTHEWS, M-A-T-T-H-E-W-S.
4460
1
2 DIRECT EXAMINATION+
3 BY MR. DUSEK:
4 Q. HOW ARE YOU EMPLOYED, MR. MATTHEWS?
5 A. I’M A REPORTER WITH KGTV.
6 Q. CHANNEL?
7 A. CHANNEL 10.
8 Q. HOW LONG HAVE YOU BEEN WORKING THERE?
9 A. ’85, JANUARY OF ’85.
10 Q. I’D LIKE TO DIRECT YOUR ATTENTION BACK TO JANUARY
11 OF THIS YEAR. WERE YOU ASSIGNED THE VAN DAM CASE, AT LEAST TO
12 COVER PART OF IT AT THE BEGINNING?
13 A. I THINK IT WAS FEBRUARY.
14 Q. FEBRUARY. I’M SORRY, I WAS WRONG. FEBRUARY?
15 A. FEBRUARY 4TH.
16 Q. WHAT DAY OF THE WEEK WAS THAT, DO YOU RECALL?
17 A. MONDAY.
18 Q. WHERE DID YOU GO?
19 A. TO SABRE SPRINGS.
20 Q. WHAT PART OF SABRE SPRINGS?
21 A. TO THE VAN DAM HOUSE.
22 Q. DO YOU REMEMBER THE ADDRESS?
23 A. I DON’T.
24 Q. ABOUT WHAT TIME DID YOU ARRIVE THERE ON THE 4TH,
25 THE MONDAY?
26 A. PROBABLY 9:30.
27 Q. THAT MORNING OR AFTERNOON?
28 A. 9:30 IN THE MORNING.
4461
1 Q. WERE THERE OTHER MEDIA PERSONNEL THERE?
2 A. OH, YES.
3 Q. AT SOME POINT IN TIME THAT DAY DID YOU AND OTHER
4 MEDIA PERSONNEL CONDUCT AN INTERVIEW —
5 A. YES.
6 Q. — OF MR. WESTERFIELD?
7 A. YES.
8 Q. DO YOU SEE MR. WESTERFIELD IN COURT TODAY?
9 A. I DO.
10 Q. WOULD YOU POINT HIM OUT, PLEASE, AND DESCRIBE WHAT
11 HE’S WEARING TODAY?
12 A. HE’S WEARING A DARK GRAY SUIT AND A MAROON TIE.
13 THE COURT: THE RECORD WILL REFLECT IDENTIFICATION.
14
15 BY MR. DUSEK:
16 Q. WHERE DID THE INTERVIEW TAKE PLACE, SIR?
17 A. IN MR. WESTERFIELD’S DRIVEWAY.
18 Q. HOW WAS IT THAT HE CAME TO BE THERE?
19 A. WELL, I’M NOT SURE HOW HE CAME TO BE THERE.
20 Q. WAS HE JUST ARRIVING OR COMING FROM INSIDE THE
21 HOUSE, DO YOU KNOW?
22 A. I DON’T KNOW.
23 Q. SET THE STAGE FOR US. WHAT WAS GOING ON?
24 A. POLICE WERE RUNNING DOGS INTO HIS HOUSE. THERE
25 WAS, IT LOOKED LIKE, A SEARCH OF HIS HOUSE GOING ON. HE WAS
26 STANDING IN THE DRIVEWAY.
27 Q. I’M CONCERNED ABOUT THE PEOPLE THAT WERE THERE
28 OUTSIDE WHEN THE INTERVIEW WAS GOING ON.
4462
1 A. WELL, THERE WERE POLICE STANDING OUTSIDE OF HIS
2 HOUSE. THERE WERE POLICE WITH DOGS WALKING INTO HIS HOUSE.
3 Q. LET ME DIRECT YOUR ATTENTION TO WHAT WE’VE HAD
4 MARKED AS COURT’S EXHIBIT 28.
5 DO YOU RECOGNIZE WHAT WE HAVE DEPICTED HERE?
6 A. YES.
7 Q. PHOTOGRAPH “A” AND “B”, WHAT DO THEY SHOW US?
8 A. WHOOPS, EXCUSE ME. PHOTOGRAPH “A” IS THE FRONT OF
9 HIS HOUSE FACING THE STREET, AND PHOTOGRAPH “B” LOOKS LIKE THE
10 SIDE OF THE HOUSE THAT WOULD BE ON THE SIDE STREET.
11 Q. DO YOU SEE THE HOSE THAT’S THERE IN PHOTOGRAPH “B”
12 ON 28?
13 A. UM-HMM. YES, I DO.
14 Q. DO YOU REMEMBER SEEING IT THERE THAT DAY AT THE
15 INTERVIEW?
16 A. NO, I DON’T.
17 Q. WHERE WAS THE INTERVIEW TAKING PLACE IN EITHER OF
18 THOSE PHOTOGRAPHS?
19 A. PHOTOGRAPH “A” ON THE FAR RIGHT SIDE IN THE
20 DRIVEWAY AREA, IT WOULD BE IN FRONT OF WHERE THE MOTORCYCLE
21 POLICE OFFICER IS STANDING.
22 Q. WAS THIS INTERVIEW RECORDED IN ANY SORT OF WAY?
23 A. IT WAS.
24 Q. HOW?
25 A. IT WAS VIDEO-TAPED.
26 Q. HAVE YOU HAD A CHANCE TO SEE THAT VIDEOTAPE?
27 A. I’VE SEEN IT, YES.
28 Q. AND HAVE YOU HAD A CHANCE TO READ ALONG A
4463
1 TRANSCRIPT WHILE THAT VIDEOTAPE WAS PLAYING?
2 A. NO, I HAVEN’T.
3 Q. HAVE YOU TESTIFIED HERE IN COURT BEFORE REGARDING
4 THIS VIDEOTAPE?
5 A. I DID IN THE PRELIMINARY HEARING.
6 Q. DID YOU GET A CHANCE TO REVIEW THE TRANSCRIPT AT
7 THAT TIME?
8 A. I’M SORRY. I DO RECOLLECT SEEING THE TRANSCRIPT AT
9 THAT TIME.
10 (MARKED FOR ID: = TRIAL EX. 58, VIDEOTAPE )
11 MR. DUSEK: YOUR HONOR, I’VE HAD MARKED AS COURT’S
12 EXHIBIT 58 A VIDEOTAPE OF THIS INTERVIEW. I’VE ALSO HAD MARKED
13 AS COURT’S EXHIBIT 58A A FIVE-PAGE TRANSCRIPT OF THAT INTERVIEW.
14 WE HAVE THE MACHINE HOOKED UP AND AT THIS POINT
15 WE’D ASK TO DISTRIBUTE THE TRANSCRIPT AND PLAY THE VIDEOTAPE.
16 THE COURT: ALL RIGHT. YOU’RE CERTAIN THE JURY’S GOING
17 TO NEED THE TRANSCRIPT? AS I RECALL, IT’S PRETTY CLEAR.
18 MR. DUSEK: IT SHOULD BE FAIRLY CLEAR. AND I THINK WE
19 HAVE TO DARKEN THE LIGHTS A TAD TO BE ABLE TO SEE THE
20 PROJECTION.
21 THE COURT: THAT WILL BE A REAL TREAT BECAUSE A TAD MEANS
22 TURNING OUT A BANK OF LIGHTS. BUT LET’S WORK WITH IT AS MUCH AS
23 WE CAN, MIKE.
24 ALL RIGHT. IF YOU’VE GOT THE TRANSCRIPTS READY WE
25 MIGHT AS WELL PASS THEM OUT. LADIES AND GENTLEMEN, JUST LIKE
26 THE TRANSCRIPT OF THE 911 CALL, THIS IS JUST SIMPLY AN AID.
27 THIS IS A VIDEOTAPE WITH SOUND, AND I RECALL IT’S PRETTY CLEAR.
28 BUT YOU CAN USE THESE SIMPLY TO FOLLOW ALONG IF YOU DESIRE.
4464
1 THEY WILL BE COLLECTED AS SOON AS YOU’VE SEEN THE TAPE.
2 MR. FELDMAN: I’M SORRY, YOUR HONOR. ONE MORE TIME THE
3 EXHIBIT NUMBER?
4 THE COURT: 58 AND THE TRANSCRIPT’S 58A.
5 MR. FELDMAN: THANK YOU.
6 THE COURT: OKAY. MR. CLARKE.
7 MR. CLARKE: YES. THANK YOU, YOUR HONOR.
8 THE BAILIFF: THEY CAN’T READ THEM. THE LIGHT’S OFF.
9 THE COURT: LET’S TRY WATCHING IT AND LISTENING TO IT,
10 AND IF IT DOESN’T WORK WE’LL TURN THE LIGHTS ON SO YOU CAN
11 FOLLOW ALONG.
12 MR. CLARKE.
13 MR. CLARKE: YES. THANK YOU, YOUR HONOR.
14 (TRIAL EXHIBIT 58, VIDEOTAPE BEING PLAYED AT 4:13 P.M.)
15 THE COURT: OKAY, LADIES AND GENTLEMEN, I STAND
16 CORRECTED. THERE WERE SOME QUESTIONS THAT MIGHT HAVE BEEN
17 DIFFICULT TO UNDERSTAND. WOULD YOU LIKE TO HAVE THE TAPE
18 REPLAYED WITH THE LIGHTS ON WITH THE TRANSCRIPTS? ANY OF YOU?
19 THERE’S A COUPLE THAT HAVE INDICATED THAT. SO, MR.
20 CLARKE, IF YOU’D RESET IT AND REPLAY IT LEAVING THE LIGHTS ON.
21 MR. CLARKE: YES, I WILL, YOUR HONOR.
22 (TAPE REPLAYED WITH COURTROOM LIGHTS ON)
23 THE COURT: PASS THE TRANSCRIPTS TO YOUR RIGHT, PLEASE.
24 WHOOP, WE’VE GOT ‘EM GOING LEFT AND RIGHT.
25 ALL RIGHT. MR. DUSEK.
26 ///
27 ///
28 BY MR. DUSEK:
4465
1 Q. MR. MATTHEWS, DID YOU JUST GET A CHANCE TO WATCH
2 THAT TAPED INTERVIEW THAT WE SAW HERE IN COURT?
3 A. YES.
4 Q. IS THAT A TRUE AND ACCURATE RENDITION OF THAT
5 INTERVIEW?
6 A. YES, IT IS.
7 MR. DUSEK: THANK YOU, SIR.
8 THE COURT: ALL RIGHT.
9 CROSS-EXAMINATION.
10
11 CROSS-EXAMINATION +
12 BY MR. FELDMAN:
13 Q. SIR, HOW LONG HAD YOU BEEN THERE THAT DAY
14 BETWEEN —
15 MR. DUSEK: YOUR HONOR, OBJECTION ON THE GROUNDS OF —
16 THE COURT: OVERRULED.
17 THE WITNESS: I WAS THERE FROM 9:30 TILL NOON OR UNTIL
18 2:00 MAYBE AT THE LATEST.
19
20 BY MR. FELDMAN:
21 Q. AND DID IT TURN OUT THAT YOUR COVERAGE OR YOUR
22 STATION’S COVERAGE OF THIS PARTICULAR EVENT WAS PRETTY
23 CONTINUOUS?
24 A. THAT DAY?
25 Q. THROUGHOUT THE EVENT?
26 A. WE COVERED IT THAT NIGHT AND WE CONTINUE TO COVER
27 IT.
28 Q. WHEN YOU SAY YOU CONTINUED TO COVER IT, YOU
4466
1 CONTINUED TO COVER IT UNTIL MR. WESTERFIELD WAS ARRESTED, ISN’T
2 THAT TRUE?
3 A. WE’RE STILL COVERING IT.
4 Q. ALL RIGHT.
5 WITH REGARD TO THE ATTENTION THAT YOUR PARTICULAR
6 STATION ADDRESSED TO THE CASE BETWEEN THE DATE OF THE INTERVIEW
7 AND THE DATE OF MR. WESTERFIELD’S ARREST, IT WAS PRETTY
8 CONSTANT?
9 MR. DUSEK: OBJECTION, RELEVANCY.
10 THE COURT: SUSTAINED.
11 YOU NEED NOT ANSWER.
12 MR. FELDMAN: ON RELEVANCE, YOUR HONOR?
13 THE COURT: YES.
14
15 BY MR. FELDMAN:
16 Q. WHILE THE VIDEO WAS PLAYING, YOU WERE TAKING NOTES,
17 SIR. WHAT WERE YOU WRITING.
18 MS. CUMMINS: OBJECTION, YOUR HONOR, ON THE GROUNDS OF
19 PRIVILEGE.
20 THE COURT: SUSTAINED.
21 WHY DON’T YOU INTRODUCE YOURSELF FOR THE RECORD
22 SINCE THE JURY DOES NOT KNOW WHO YOU ARE?
23 MS. CUMMINS: HELLO, EVERYONE. I’M GUYLYN CUMMINS, AND I
24 REPRESENT MARK MATTHEWS.
25 THE COURT: OBVIOUSLY YOU WON’T BE ON NATIONAL TV, MS.
26 CUMMINS, SO — ALL RIGHT.
27 MR. FELDMAN: GIVEN THE COURT’S RULINGS, I HAVE NO
28 FURTHER QUESTIONS, BUT I WANT THE WITNESS SUBJECT TO RECALL,
4467
1 PLEASE.
2 THE COURT: ALL RIGHT.
3 ANYTHING FURTHER?
4 MR. DUSEK: NO, YOUR HONOR.
5 THE COURT: ALL RIGHT. MR. MATTHEWS, WE MAY NEED YOU
6 BACK, BUT WE’LL GIVE YOU A LOT OF ADVANCE WARNING AS WELL AS
7 YOUR COUNSEL. PLEASE REMEMBER THAT THE ADMONITION APPLIES TO
8 YOU TO NOT DISCUSS YOUR TESTIMONY. HOWEVER, YOU’LL BE ABLE TO
9 CONTINUE WORKING IN YOUR NORMAL COURSE OF BUSINESS.
10 THE WITNESS: THANK YOU, YOUR HONOR.
11 THE COURT: THANK YOU FOR COMING IN.
12 MS. CUMMINS, THANK YOU.
13 MS. CUMMINS: THANK YOU, YOUR HONOR.
14 MR. DUSEK: WE’VE GOT TWO BUT WE’RE NOT GONNA GET THROUGH
15 ‘EM.
16 THE COURT: OKAY. YOU WANT TO GET STARTED?
17 MR. DUSEK: SURE.
18 THE COURT: ALL RIGHT. CALL YOUR NEXT WITNESS.
19 MR. DUSEK: PAUL REDDEN.
20
21 -PAUL REDDEN, +
22 PLAINTIFF’S WITNESS, HAVING BEEN SWORN, TESTIFIED AS FOLLOWS:
23
24 THE COURT: PLEASE HAVE A SEAT.
25 THE CLERK: SIR, PLEASE STATE YOUR NAME AND SPELL IT FOR
26 THE RECORD.
27 THE WITNESS: PAUL REDDEN, R-E-D-D-E-N.
28 DIRECT EXAMINATION+
4468
1 BY MR. DUSEK:
2 Q. ARE YOU EMPLOYED, MR. REDDEN?
3 A. YES, SIR, I AM.
4 Q. WHO DO YOU WORK FOR?
5 A. SAN DIEGO POLICE DEPARTMENT.
6 Q. HOW LONG HAVE YOU BEEN WITH THE POLICE DEPARTMENT?
7 A. BEEN WITH SAN DIEGO POLICE DEPARTMENT SINCE 1985.
8 Q. HOW LONG HAVE YOU BEEN INVOLVED IN LAW ENFORCEMENT?
9 A. SINCE 1969.
10 Q. WHERE DID YOU START?
11 A. STARTED AS A POLICE OFFICER IN A MUNICIPALITY IN
12 ST. LOUIS COUNTY.
13 Q. FROM THERE WHERE DID YOU GO?
14 A. WENT FROM THERE TO WYOMING WHERE I CONTINUED. I
15 WAS A SERGEANT, LIEUTENANT AND SHERIFF.
16 Q. IN YOUR COURSE OF EMPLOYMENT WITH THE SAN DIEGO
17 POLICE DEPARTMENT IN THIS CASE HERE, DID YOU HAVE AN OCCASION TO
18 INTERVIEW DAVID WESTERFIELD?
19 A. YES, SIR, I DID.
20 Q. DO YOU SEE HIM IN COURT TODAY?
21 A. YES, SIR, I DO.
22 Q. WOULD YOU POINT HIM OUT PLEASE AND DESCRIBE WHERE
23 HE’S LOCATED?
24 A. SEATED AT DEFENSE COUNSEL AT THE END OF THE BENCH
25 THERE, A WHITE SHIRT AND GRAY SUIT.
26 MR. DUSEK: MAY THE RECORD REFLECT HE’S IDENTIFIED THE
27 DEFENDANT?
28 THE COURT: YES, IT MAY.
4469
1
2 BY MR. DUSEK:
3 Q. DO YOU RECALL WHAT DAY IT WAS THAT YOU INTERVIEWED
4 MR. WESTERFIELD?
5 A. YES, SIR, I DO.
6 Q. WHAT DAY WAS THAT?
7 A. IT WAS MONDAY, FEBRUARY THE 4TH, 2002.
8 Q. DID SOMEONE BRING HIM TO YOU OR DID HE COME TO YOU
9 WITH ANY POLICE OFFICERS?
10 A. HE WAS BROUGHT INTO THE ROOM WITH A COUP —
11 ACCOMPANIED BY A COUPLE OFFICERS. HOW HE GOT TO THE STATION,
12 I’M NOT SURE.
13 Q. DO YOU RECALL WHO THE OFFICERS WERE?
14 A. YES, SIR, I DO.
15 Q. WHO WERE THEY?
16 A. DETECTIVE JOHNNY KEENE AND DETECTIVE MO PARGA.
17 Q. WHERE WAS THE POLICE STATION?
18 A. THE NORTHEAST AREA STATION.
19 Q. WHICH IS WHAT PART OF TOWN?
20 A. THE NORTHEAST PART OF THE CITY.
21 Q. ONCE MR. WESTERFIELD WAS BROUGHT TO YOUR LOCATION,
22 DID KEENE AND PARGA THEN LEAVE THE AREA?
23 A. YES, SIR, THEY DID.
24 Q. AND YOU SPOKE WITH THE DEFENDANT THEREAFTER?
25 A. YES, SIR.
26 Q. WAS THE INTERVIEW TAPE-RECORDED?
27 A. YES, SIR, IT WAS.
28 Q. AT WHOSE INSISTENCE?
4470
1 A. I ALWAYS TAPE ALL OF MY INTERVIEWS.
2 Q. WAS THE TAPE MACHINE VISIBLE TO ALL PARTIES IN THE
3 ROOM?
4 A. YES, SIR, IT WAS.
5 Q. DESCRIBE THAT, WHERE THE TAPE MACHINE WAS.
6 A. THERE WAS A TABLE IN THE ROOM AND THE TAPE RECORDER
7 WAS RIGHT ON TOP OF THE TABLE AS WELL AS I WAS INFORMING HIM
8 THAT IT WAS BEING TAPE-RECORDED.
9 Q. AND BEFORE YOU BEGAN THE INTERVIEW OF MR.
10 WESTERFIELD DID YOU SPEAK WITH HIM ABOUT TELLING THE TRUTH AND
11 THE NECESSITY OF TELLING THE TRUTH?
12 A. YES, SIR, I DID.
13 Q. FOR ABOUT HOW LONG?
14 A. WE TALKED FOR A FEW MINUTES ABOUT THAT WE WANTED TO
15 GET TO THE TRUTH OF THE ISSUES AND THAT WAS THE IMPORTANT PART,
16 TO BE HONEST.
17 Q. HAVE YOU HAD A CHANCE TO LISTEN TO A TAPE-RECORDING
18 OF THAT INTERVIEW?
19 A. YES, SIR, I HAVE.
20 Q. WHEN DID YOU DO THAT?
21 A. I’VE LISTENED TO A TAPE THIS AFTERNOON IN YOUR
22 OFFICE, SIR.
23 Q. ALL RIGHT.
24 WERE YOU BY YOURSELF?
25 A. YES, SIR, I WAS.
26 Q. AND DID WE ALSO GIVE YOU A TRANSCRIPT TO REVIEW AS
27 YOU WERE LISTENING TO THE TAPE?
28 A. YES, SIR, YOU DID.
4471
1 Q. DOES THE TAPE APPEAR TO BE A TRUE AND ACCURATE
2 REPRESENTATION OF THAT PART OF THE INTERVIEW THAT WAS RECORDED?
3 A. YES, SIR, IT WAS.
4 Q. AND THE TRANSCRIPT, DID THAT APPEAR TO BE A TRUE
5 AND ACCURATE REPRESENTATION OF WHAT WAS CONTAINED ON THE TAPE?
6 A. YES, SIR.
7 Q. THERE ARE A COUPLE OF TYPOGRAPHICALS?
8 A. COUPLE OF TYPOS BUT —
9 MR. DUSEK: I THINK THAT’S PROBABLY AS FAR AS WE CAN GO
10 NOW. THE TAPE IS ABOUT —
11 THE COURT: I THINK THAT’S FAIR, BECAUSE THEN WE’LL GET
12 INTO PLAYING IT AND THERE IS NO POINT IN HOLDING YOU FOLKS UP
13 FOR THE NEXT THREE OR FOUR MINUTES.
14 ALL RIGHT. LADIES AND GENTLEMEN, I HAVE A
15 SETTLEMENT CONFERENCE IN A TOTALLY UNRELATED MATTER TOMORROW AT
16 8:30, BUT I’M ANTICIPATING THAT I SHOULD BE DONE IN TIME FOR US
17 TO GET A FULL DAY IN TOMORROW. SO I’M GOING TO HAVE YOU FOLKS
18 COME BACK AT 9 O’CLOCK.
19 PLEASE REMEMBER THE ADMONITION OF THE COURT NOT TO
20 DISCUSS ANY OF THE EVIDENCE OR TESTIMONY AMONG YOURSELVES OR
21 WITH OTHERS, NOR FORM NOR EXPRESS ANY OPINIONS ON THE CASE UNTIL
22 IT IS SUBMITTED TO YOU FOR DECISION.
23 HAVE A SAFE AND A PLEASANT EVENING. IF THE PADRES
24 ARE LEADING TODAY, MAYBE THEY CAN HOLD IT. WE’LL SEE YOU ALL
25 TOMORROW MORNING AT 9 O’CLOCK.
26 (AT 4:27 P.M. THE JURY WAS EXCUSED
AND THE FOLLOWING PROCEEDINGS WERE HAD:)
27
28 THE COURT: OKAY. MR. REDDEN, WE’LL SEE YOU TOMORROW
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1 MORNING AT 9 O’CLOCK.
2 THE WITNESS: THANK YOU, YOUR HONOR.
3 THE COURT: THE RECORD SHOULD REFLECT THE JURORS AND
4 ALTERNATES HAVE LEFT THE COURTROOM.
5 COUNSEL, IT SEEMS LIKE EVERY DAY BRINGS NEW JOY
6 INTO MY LIFE. THE COURT’S WEBSITE APPARENTLY IS STARTING TO BE
7 HIT BY INDIVIDUALS THAT ARE OUT THERE. AND I HAVE INSTRUCTED
8 OUR PUBLICIST WHO IS IN CHARGE OF THAT WEBSITE TO SEND ME OR
9 BRING ME COPIES OF ANY E-MAILS THAT COME IN.
10 SHE HAS FORWARDED TO ME AN INTERESTING E-MAIL. IT
11 TECHNICALLY IS A COMMUNICATION AND, AS A RESULT, I’M GOING TO
12 HAVE IT FILED WITH THE FILE.
13 IN WILD ANTICIPATION THAT THIS IS NOT GOING TO BE
14 THE LAST, WHAT I’M LOOKING FOR IS A WAY TO PROPERLY PUT THESE IN
15 THE FILE, WHETHER IT BE A FILE WITHIN THE FILE LABELED
16 COMMUNICATIONS OR SOMETHING ALONG THAT LINE. BUT I THINK AS A
17 PRACTICAL MATTER WE’RE GOING TO BE GETTING SOME MORE, I SUSPECT,
18 AND AS A RESULT I JUST THROW THAT OUT. AND I’LL LET BOTH OF YOU
19 READ IT.
20 MAYBE YOU BETTER READ IT BEFORE YOU KNOW EXACTLY
21 WHAT YOU’RE AGREEING TO DO HERE SO THAT YOU CAN HAVE SOME
22 INSIGHT INTO THE MATTER.
23 (PAUSE)
24 OF PARTICULAR NOTE, OF COURSE, IS THE FACT THAT
25 SOMEBODY COULD VIEW WHAT IS REPRESENTED THERE AND COME AWAY WITH
26 WHAT THIS OPINION IS INTERESTING, TO SAY THE LEAST, BUT
27 NONETHELESS IT IS A COMMUNICATION THAT WE ACHIEVED.
28 AND I SUSPECT WE’LL BE GETTING OTHER
4473
1 COMMUNICATIONS. IN FACT, WELL, I JUST KNOW THAT’S GOING TO
2 HAPPEN. SO, UNLESS IT’S SOMETHING THAT IS SPECIFICALLY SENT TO
3 THE COURT UNDER A STAMPED ENVELOPE WITH A NAME ON IT, I WON’T
4 OPEN IT. I THINK THE E-MAILS THAT COME TO THE COURT ARE FAIR
5 GAME TO PUT IN THE FILE, BUT I’LL HEAR FROM THE TWO OF YOU.
6 MR. FELDMAN: YOUR HONOR, I HAVE NO OBJECTION TO THE
7 COURT OPENING A FILE.
8 FRANKLY, THE COURT IS AWARE, I KNOW, THAT I’VE BEEN
9 GETTING LETTERS SENT TO ME IN THIS COURTROOM IN BRIGHT RED INK.
10 THIS MORNING MR. WESTERFIELD ALSO RECEIVED A LETTER IN BRIGHT
11 RED INK. I WOULD CHARACTERIZE THEM AT MINIMUM AS NASTY GRAMS.
12 IF YOU WISH TO OPEN A FILE THAT ADDRESSES THAT, I THINK THAT
13 WOULD BE AN APPROPRIATE IDEA BECAUSE I THINK THERE’S, FRANKLY, A
14 CERTAIN OUTRAGE AT BOTH SIDES THAT I’VE NEVER SEEN BEFORE, AT
15 LEAST NOT AT THIS INTENSITY.
16 THE COURT: ALL RIGHT.
17 WELL, OBVIOUSLY THE LETTER THAT WAS ADDRESSED TO
18 YOU CAME TO THE COURT, AND SINCE IT WAS ADDRESSED TO YOU I GAVE
19 IT TO YOU, AND THIS IS THE FIRST I’VE HEARD OF ITS CONTENT.
20 IF YOU WOULD LIKE TO PLACE THOSE ITEMS IN THE FILE
21 OF CORRESPONDENCE, YOU’RE WELCOME TO DO THAT. I’LL LEAVE ANY
22 COMMUNICATION THAT COMES DIRECTLY TO AN ATTORNEY IN THE CASE,
23 I’LL LEAVE IT UP TO YOUR DISCRETION WHETHER YOU WANT TO PLACE IT
24 IN THE FILE OR NOT. IF IT’S PLACED IN THE FILE IT’S, OBVIOUSLY,
25 A MATTER OF PUBLIC RECORD AVAILABLE FOR REVIEW. BUT IT’S ALSO,
26 SINCE IT’S MAILED TO YOU PERSONALLY, IT WILL BE A CALL THAT EACH
27 OF YOU CAN MAKE BASED ON HOW YOU SEE IT.
28 BUT THIS WE’LL LABEL A SUBFILE WITHIN THE FILE AS
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1 CORRESPONDENCE. I WILL FILE STAMP IT TODAY AND I’LL JUST BRING
2 TO YOUR ATTENTION ANY OTHERS THAT MAY ARRIVE.
3 IS THERE ANY NEED TO GET TOGETHER OTHER THAN COUPLE
4 MINUTES AHEAD OF TIME TOMORROW?
5 MR. DUSEK: NO.
6 MR. FELDMAN: NO. THANK YOU.
7 THE COURT: ALL RIGHT.
8 I’LL PLAN ON SEEING YOU FOLKS ABOUT TEN OR FIVE
9 MINUTES TILL.
10 MR. FELDMAN: YES, YOUR HONOR.
11 THE COURT: WE’LL BE IN RECESS UNTIL TOMORROW MORNING.
12 (AT 4:33 P.M. AN ADJOURNMENT WAS TAKEN
UNTIL 9:00 A.M. WEDNESDAY, JUNE 12, 2002)
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