21 – Day 6- June 12th 2002 – Transcript criminal trial David Westerfield

DAY 6 – SAN DIEGO, CALIFORNIA, WEDNESDAY, JUNE 12, 2002 (morning 2)



WITNESSES:
Christina Hoeffs (neighbor, testified about exterior light on in Westerfield yard after 2:00 am),
Howard Labore (San Diego police detective robbery unit, interviewed Christina Hoeffs),
Keith Sherman (stored Westerfield’s motor home)


4509
1 (PROCEEDINGS NOT PART OF PUBLIC RECORD.)

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17 (AT 10:45 A.M. THE JURY ENTERED THE COURTROOM
AND THE FOLLOWING PROCEEDINGS WERE HAD:)
18

19 THE COURT: OKAY. WELCOME BACK, LADIES AND GENTLEMEN.

20 ONCE AGAIN, I APOLOGIZE. IT SEEMS LIKE THIS HAS

21 BEEN A DAY WHERE LOOSE ENDS NEED TO BE TIED UP, AND YOU FOLKS

22 HAVE HAD TO COOL YOURSELVES IN THE HALLWAY WHILE WE’VE BEEN

23 TYING ‘EM UP, BUT HOPEFULLY WE’LL GET ON TRACK HERE.

24 MR. DUSEK.
25 MR. DUSEK: CHRISTINA HOEFFS.

26 THE COURT: LET’S GET THE WITNESS.

27 ///

28 ///
4510
1 -CHRISTINA HOEFFS, +

2 PLAINTIFF’S WITNESS, HAVING BEEN SWORN, TESTIFIED AS FOLLOWS:

3

4 THE COURT: PLEASE HAVE A SEAT, MA’AM.

5 THE CLERK: WOULD YOU PLEASE STATE YOUR NAME AND SPELL IT

6 FOR THE RECORD.

7 THE WITNESS: CHRISTINA HOEFFS. SPELL THE NAME OR JUST

8 THE LAST?

9 THE COURT: FULL NAME IS EASY.

10 THE WITNESS: C-H-R-I-S-T-I-N-A, LAST NAME IS H-O-E-F

11 LIKE FRANK-F LIKE FRANK-S LIKE SAM.

12

13 DIRECT EXAMINATION +

14 BY MR. DUSEK:

15 Q. GOOD MORNING, MA’AM.

16 A. GOOD MORNING.

17 Q. IS THAT ON?

18 A. YES.

19 Q. WHAT PART OF TOWN DO YOU LIVE IN, MRS. HOEFFS?

20 A. SABRE SPRINGS.

21 Q. HOW LONG HAVE YOU LIVED UP THERE?

22 A. FOUR AND A HALF YEARS.

23 Q. DO YOU KNOW AN INDIVIDUAL BY THE NAME OF DAVID

24 WESTERFIELD?

25 A. I DO NOW.

26 Q. DO YOU KNOW WHO HE IS?

27 A. I DO NOW.

28 Q. DO YOU SEE HIM IN COURT TODAY?
4511
1 A. YES.

2 Q. WOULD YOU POINT HIM OUT PLEASE AND DESCRIBE WHERE

3 HE’S SEATED AND WHAT HE’S WEARING TODAY?

4 A. YES. HE’S SEATED TO MY LEFT WEARING A GRAY SUIT

5 AND BLUE AND BURGUNDY TIE.

6 THE COURT: THE RECORD WILL REFLECT IDENTIFICATION.

7

8 BY MR. DUSEK:

9 Q. WHERE DOES HE LIVE IN RELATION TO WHERE YOU LIVE?

10 A. DIRECTLY BEHIND ME.

11 Q. AND COULD YOU DESCRIBE FOR US THE ELEVATION BETWEEN

12 YOUR HOUSE AND HIS HOUSE?

13 A. MY HOUSE IS ELEVATED. HIS HOUSE SITS BELOW.

14 Q. DO YOU KNOW WHO MOVED INTO THE NEIGHBORHOOD FIRST,

15 YOU OR MR. WESTERFIELD?

16 A. MR. WESTERFIELD.

17 Q. SO WE’RE TALKING ABOUT THE SAME THING, LET ME SHOW

18 YOU WHAT’S BEEN MARKED AS COURT’S EXHIBIT 28, THIS PHOTO DISPLAY

19 BOARD LABELED AT THE TOP “WESTERFIELD RESIDENCE EXTERIOR.”

20 DO YOU SEE WHAT I HAVE DEPICTED HERE?

21 A. YEAH.

22 Q. DO YOU SEE MR. WESTERFIELD’S RESIDENCE?

23 A. YES.

24 Q. WHICH ONE?

25 A. EXHIBIT “A”.

26 Q. PHOTOGRAPH “A” IS SHOWING THE FRONT OF THE HOUSE?

27 A. YES, SIR.

28 Q. AND YOU LIVE ON THE STREET DIRECTLY BEHIND?
4512
1 A. YES.

2 Q. I’D LIKE TO DIRECT YOUR ATTENTION BACK TO FRIDAY

3 NIGHT, FEBRUARY 1ST OF THIS YEAR.

4 WERE YOU AT HOME THAT EVENING?

5 A. YES.

6 Q. WHERE IS YOUR MASTER BEDROOM LOCATED IN YOUR HOUSE?

7 A. UPSTAIRS.

8 Q. FRONT OF THE HOUSE OR THE BACK OF THE HOUSE?

9 A. IN THE BACK.

10 Q. WHEN YOU LOOK OUT THE BACK OF THE HOUSE WHAT DO YOU

11 SEE FROM YOUR MASTER BEDROOM WINDOWS?

12 A. I SEE THE BACK OF MR. WESTERFIELD’S HOME. THERE’S

13 A HOME TO THE LEFT. I DON’T KNOW WHO LIVES THERE. I CAN SEE

14 JUST THE FAR CORNER, AND I CAN SEE THE MOUNTAIN TOPS ABOVE THAT.

15 Q. THAT EVENING ON THE 1ST OF FEBRUARY DO YOU RECALL

16 ABOUT WHAT TIME YOU WENT TO BED?

17 A. 10 O’CLOCK.

18 Q. HOW CAN YOU REMEMBER?

19 A. I WAS WATCHING A TELEVISION PROGRAM.

20 Q. DO YOU REMEMBER WHERE YOU WERE WATCHING IT?

21 A. IN BED.

22 Q. DID YOU NOTICE ANYTHING UNUSUAL AT THAT TIME IN

23 REGARDS TO MR. WESTERFIELD’S RESIDENCE?

24 A. NO.

25 Q. AT SOME LATER TIME THAT EVENING, DID YOU?

26 A. YES.

27 Q. ABOUT WHEN WAS THAT?

28 A. I SHUT THE TV OFF ABOUT 10:30 TO TO GO TO SLEEP AND
4513
1 THE LIGHT WAS ON, HIS BACK LIGHT WAS ON ‘CAUSE IT WAS SHINING

2 KIND OF INTO MY WINDOW.

3 Q. WOULD THIS BE AN INTERIOR OR EXTERIOR LIGHT FROM

4 HIS RESIDENCE?

5 A. EXTERIOR OUTSIDE LIGHT.

6 Q. DO YOU HAVE ANY SHADES OR CURTAINS ON YOUR WINDOWS?

7 A. A BLIND.

8 Q. WHAT WERE THE CONDITION, OPEN, CLOSED WHEN YOU WENT

9 TO BED?

10 A. CRACKED.

11 Q. SO HOW COULD YOU TELL HIS LIGHT WAS ON?

12 A. IT WAS ILLUMINATING THROUGH THE CRACKS.

13 Q. WAS THAT UNUSUAL?

14 A. NOT REALLY FOR THAT TIME.

15 Q. WHAT WAS THE NEXT THING THAT YOU NOTICED?

16 MR. FELDMAN: OBJECTION, VAGUE AS TO TIME.

17 THE COURT: OVERRULED.

18 YOU MAY ANSWER.

19

20 BY MR. DUSEK:

21 Q. THAT EVENING WHAT WAS THE NEXT THING YOU NOTICED?

22 A. WELL, I WENT TO SLEEP. I GOT UP AT ABOUT

23 2:00-SOMETHING, JUST AFTER 2:00.

24 Q. IN THE EARLY MORNING HOURS?

25 A. YES.

26 Q. WHY DID YOU GET UP?

27 A. MY SON WAS CRYING.

28 Q. HOW OLD WAS YOUR SON?
4514
1 A. AT THAT TIME TWO AND A HALF.

2 Q. WHAT DID YOU DO WHEN YOU HEARD YOUR SON CRYING?

3 A. WENT AND CHECKED ON HIM.

4 Q. DID YOU NOTICE ANYTHING UNUSUAL WHEN YOU WENT TO

5 CHECK WITH YOUR SON?

6 A. NOT WHEN I WENT TO CHECK. I JUST WENT AND I GOT

7 HIM BACK TO SLEEP. I CAME BACK INTO THE ROOM. I NOTICED THAT

8 THE LIGHT WAS STILL ON.

9 Q. WAS THAT UNUSUAL AT THAT TIME?

10 A. YES. I THOUGHT IT WAS JUST BECAUSE IT WAS SO LATE.

11 Q. DID YOU INQUIRE OR CHECK OUTSIDE THE WINDOW?

12 A. I DID. I WENT TO THE BLINDS TO LOOK OUT TO SEE IF

13 THERE WAS ANYTHING WRONG — JUST TO LOOK OUT. IT MADE ME WANT

14 TO CHECK.

15 Q. WHAT DID YOU SEE?

16 A. I LOOKED OUT AND I JUST SAW THE LIGHT WAS STILL ON

17 AND THE HOUSE WAS PRETTY MUCH LOCKED DOWN.

18 Q. WHAT DO YOU MEAN BY “LOCKED DOWN”?

19 A. WELL, WHEN I SAY THAT, MY THOUGHT WAS — AT THAT

20 TIME WAS — I THOUGHT I HOPE HE DIDN’T LEAVE AND GO TO THE

21 DESERT AND LEAVE HIS LIGHT ON FOR THE WEEKEND BECAUSE, AGAIN, IT

22 WAS SHINING INTO MY ROOM AND I WAS THINKING I HOPE HE DIDN’T DO

23 THAT. AND I THOUGHT THAT ‘CAUSE ALL THE BLINDS WERE SHUT DOWN

24 IN A VERY UNIFORM MANNER. EVERY — EVERY ONE WAS COMPLETELY

25 CLOSED, EVEN THE BACK DOOR, AND THERE WERE NO WINDOWS OPEN AT

26 ALL.

27 Q. AND THESE WOULD BE BLINDS ON WHAT PART OF HIS

28 HOUSE?
4515
1 A. THE BACK SIDE OF HIS HOME.

2 Q. HAD YOU EVER SEEN IT LIKE THAT BEFORE?

3 A. AT THAT TIME I REMEMBER SPECIFICALLY THINKING ABOUT

4 IT, THINKING WOW, THAT’S WEIRD. WHY IS EVERYTHING SHUT DOWN

5 LIKE THAT? AND NO, I DON’T REMEMBER SEEING IT FULLY SHUT DOWN.

6 THAT’S WHAT MADE ME THINK EITHER HE HAD TAKEN OFF TO THE DESERT,

7 AND THEN I THOUGHT WELL, I DON’T SEE THE MOTOR HOME THERE SO

8 MAYBE HE DIDN’T GO. AND I THOUGHT WELL, MAYBE HE’S ON VACATION

9 OR SOMETHING.

10 Q. BUT YOU HAD NEVER SEEN THE REAR OF MR.

11 WESTERFIELD’S HOUSE THAT SEALED UP BEFORE?

12 A. I DON’T EVER REMEMBER SEEING IT THAT WAY. IT’S

13 SOMETHING THAT MADE ME STOP AND THINK WHY IS EVERYTHING CLOSED

14 UP LIKE THAT. HE MUST BE GONE.

15 (MARKED FOR ID: = TRIAL EX. 60 PHOTOBOARD/4 )

16 Q. I’VE HAD MARKED AS COURT’S EXHIBIT 60 A PHOTO

17 DISPLAY BOARD LABELED AT THE TOP “HOEFF’S RESIDENCE.” IT HAS

18 FOUR PHOTOGRAPHS LABELED “A” THROUGH — MAN, WE MISSED “C”. WE

19 GOT HE “B”, “D” AND “E”. I DIDN’T DO IT.

20 DO YOU SEE WHAT WE HAVE DEPICTED IN PHOTOGRAPHS “A”

21 AND “B”, MA’AM?

22 A. YES.

23 Q. WHAT DO THEY SHOW?

24 A. THAT’S WHAT I SEE WHEN I LOOK OUT MY WINDOW.

25 Q. UPSTAIRS OR DOWNSTAIRS?

26 A. MY UPSTAIRS BEDROOM WINDOW, IF I LOOK OUT THAT IS

27 WHAT I SEE.

28 Q. WERE YOU PRESENT WHEN WE TOOK THESE PHOTOGRAPHS?
4516
1 A. YES.

2 Q. PHOTOGRAPH “A”, WHAT ROOM IS THAT TAKEN FROM YOUR

3 HOUSE?

4 A. MY BEDROOM.

5 Q. AND PHOTOGRAPH “B”, WHAT ROOM IS THAT TAKEN FROM

6 YOUR HOUSE?

7 A. MY BATHROOM.

8 Q. WOULD THEY BE ON OPPOSITE ENDS OF YOUR UPSTAIRS

9 RESIDENCE?

10 A. YES.

11 Q. IN THE WHITE HOUSE WITH THE GREY COLORED ROOF,

12 WHOSE HOUSE IS THAT?

13 A. THAT’S MR. WESTERFIELD’S HOUSE.

14 Q. WERE PHOTOGRAPHS ALSO TAKEN DOWNSTAIRS FROM YOUR

15 HOUSE?

16 A. YES.

17 Q. PHOTOGRAPH “D”, WHAT IS THAT SHOWING?

18 A. THAT’S OUT MY BOTTOM FLOOR WINDOW.

19 Q. TOWARDS MR. WESTERFIELD’S RESIDENCE?

20 A. YES. YOU CAN SEE HIS HOUSE STICKING UP A LITTLE

21 BIT.

22 Q. AND PHOTOGRAPH “E”, WHAT DOES THAT SHOW US?

23 A. THAT’S OUT THE WINDOW ALSO. LOOKS LIKE THE

24 NEIGHBOR’S HOUSE NEXT TO HIM.

25 Q. FROM THE DOWNSTAIRS CAN YOU SEE MR. WESTERFIELD’S

26 WINDOWS OR BLINDS FROM YOUR HOUSE?

27 A. NO.

28 Q. YOU INDICATED YOU WERE AWARE THAT HE HAS OR HAD A
4517
1 MOTOR HOME?

2 A. YES.

3 Q. HOW DO YOU KNOW THAT?

4 A. ‘CAUSE I SEEN IT.

5 Q. OKAY.

6 DID YOU SEE IT THERE THAT WEEKEND?

7 A. NO.

8 Q. APPROXIMATELY HOW LONG HAD IT BEEN SINCE YOU LAST

9 REMEMBER SEEING IT IN THE NEIGHBORHOOD?

10 A. IT HAD BEEN SOME TIME. I CAN’T SPECIFICALLY SAY.

11 I KNOW IT WASN’T THAT WEEK, ‘CAUSE I THOUGHT ABOUT THAT THAT

12 NIGHT AS WELL. I THOUGHT WELL, DID I SEE HIM PACKING UP THIS

13 WEEK AT ALL? AND I DIDN’T.

14 Q. IN SOME TIME, WHAT DOES THAT MEAN FOR YOU? AN

15 APPROXIMATION, I UNDERSTAND.

16 A. WEEKS. AT LEAST WEEKS. PERHAPS A MONTH OR LONGER.

17 I — I COULDN’T SAY WHEN THE LAST TIME WAS.

18 MR. BOYCE: OBJECTION, NO QUESTION PENDING.

19 THE COURT: OVERRULED. SHE CONCLUDED HER ANSWER.

20 NEXT QUESTION.

21

22 BY MR. DUSEK:

23 Q. I ASSUME YOU DIDN’T MARK IT ON THE CALENDAR?

24 A. NO.

25 Q. WHEN YOU WOULD SEE THE MOTOR HOME IN THE

26 NEIGHBORHOOD, WOULD YOU NOTICE ANYTHING ABOUT WHAT WAS GOING ON

27 WITH THE MOTOR HOME OR HOW LONG IT WOULD BE THERE?

28 A. TYPICALLY, IT WOULD BE PARKED THERE I WOULD NOTICE
4518
1 A DAY OR TWO PRIOR AND THEN HE WOULD LEAVE. HE WOULD PACK UP

2 ITEMS THAT LOOKED LIKE CAMPING ITEMS.

3 Q. WHERE WOULD HE PARK IT WHEN YOU SAW IT?

4 A. ON THE SIDE OF HIS RESIDENCE ON BRIARLEAF.

5 Q. DO YOU HAVE TO GO — DO YOU HAVE TO GO BY THAT AREA

6 TO GET TO YOUR HOUSE?

7 A. YES, IF I LEAVE OR GO.

8 MR. FELDMAN: YOUR HONOR, I DIDN’T HEAR THE WITNESS’

9 ANSWER, I’M SORRY.

10 THE COURT: NEITHER DID I.

11 MA’AM, TRY TO GET A LITTLE CLOSER TO THE

12 MICROPHONE.

13 OPHELIA, PLEASE READ BACK THE LAST ANSWER.

14 (RECORD READ)

15 MR. FELDMAN: THANK YOU, YOUR HONOR.

16

17 BY MR. DUSEK:

18 Q. LET ME HAVE YOU LOOK BACK AT COURT’S EXHIBIT 28

19 AGAIN, THE ONE LABELED “WESTERFIELD’S RESIDENCE EXTERIOR.”

20 DO YOU SEE IN PHOTOGRAPH “A” WHERE YOU WOULD

21 TYPICALLY SEE THE MOTOR HOME PARKED FOR THAT COUPLE DAY PERIOD

22 WHEN YOU SAW IT IN THE NEIGHBORHOOD?

23 A. YES.

24 Q. WHERE WOULD THAT BE IN THAT PHOTOGRAPH, MA’AM?

25 A. IT WOULD BE TO THE LEFT OF HIS RESIDENCE AND UP,

26 SAY WHERE THAT GREEN CAR IS, THERE’S A WHITE VAN AND A GREEN

27 CAR. IT WOULD BE PERHAPS PARTED RIGHT IN THAT AREA.

28 Q. COULD YOU TAKE A BLACK FELT PEN HERE AND PUT AN “X”
4519
1 AT THE APPROXIMATE LOCATION?

2 A. (WITNESS COMPLYING.)

3 Q. YOU’VE DONE THAT?

4 A. NO, I’M STILL THINKING.

5 Q. OH.

6 A. SORRY.

7 Q. ALL RIGHT. THANK YOU, MA’AM.

8 WOULD YOU SEE ANYONE AROUND THE MOTOR HOME WHEN IT

9 WAS PARKED THERE?

10 A. I SAW MR. WESTERFIELD AND WHAT I ASSUMED TO BE HIS

11 SON SOMETIMES OUT IN THE DRIVEWAY.

12 Q. IN THEIR DRIVEWAY?

13 A. IN THEIR DRIVEWAY.

14 Q. HOW COULD YOU SEE THEIR DRIVEWAY FROM YOUR HOUSE?

15 A. I WOULD ONLY SEE AND OBSERVE THIS ACTIVITY, IF I

16 WAS COMING OR GOING — COMING OR LEAVING MY RESIDENCE. THAT’S

17 THE ONLY WAY I COULD SEE IF I WAS DRIVING BY OR WALKING BY.

18 Q. AND AS WE LOOK AT PHOTOGRAPH “A” IN EXHIBIT 28,

19 WHEN YOU COME TO YOUR HOUSE FROM BEING OUT, DO YOU HAVE TO DRIVE

20 BY THE FRONT OF THE WESTERFIELD RESIDENCE AND TURN RIGHT ON THAT

21 STREET THAT WE SEE IN EXHIBIT “A”?

22 A. THAT’S — YES. THAT’S TYPICALLY THE WAY I LOOK AT

23 IT. YOU CAN ALSO GO STRAIGHT, BUT TYPICALLY I’D GO BY HIS

24 RESIDENCE, MAKE THE RIGHT WHERE THE MOTOR HOME IS PARKED.

25 Q. DID YOU KNOW THE VAN DAM FAMILY?

26 A. NO.

27 Q. HAD YOU EVER SEEN DANIELLE OUT ON THE STREET?

28 A. NO.
4520
1 MR. BOYCE: OBJECTION, SPECULATION.

2 THE COURT: OVERRULED. SHE SAID NO. NEXT QUESTION.

3 MR. DUSEK: THANK YOU, MA’AM.

4 THE COURT: ALL RIGHT. CROSS-EXAMINATION.

5

6 CROSS-EXAMINATION +

7 BY MR. BOYCE:

8 Q. THIS IS A NEIGHBORHOOD WITH A LOT OF CHILDREN IN

9 IT, ISN’T IT?

10 A. YES, SIR.

11 Q. AND YOU’VE SEEN A LOT OF CHILDREN IN THE

12 NEIGHBORHOOD?

13 A. YES.

14 Q. YOU DON’T KNOW WHO THE VAN DAMS ARE, THOUGH, DO

15 YOU?

16 A. I DO NOW.

17 Q. BUT AT THE TIME YOU DIDN’T?

18 A. NO.

19 Q. YOU — REFERRING TO EXHIBIT 60, WHEN WERE THESE

20 PHOTOGRAPHS TAKEN?

21 A. MAYBE A MONTH AGO I’M GUESSING.

22 Q. WHO WERE YOU WITH WHEN THE PHOTOGRAPHS WERE TAKEN?

23 A. MR. DUSEK, THE PERSON TO HIS LEFT — I FORGOT YOUR

24 NAME — AND A PHOTOGRAPHER.

25 Q. THE PERSON TO THE LEFT, REFERRING TO SERGEANT

26 HOLMES?

27 A. OKAY.

28 Q. IS THAT NEXT TO MR. DUSEK?
4521
1 A. YES.

2 Q. AND A PHOTOGRAPHER, DO YOU KNOW WHO THE

3 PHOTOGRAPHER WAS?

4 A. FROM THE DA’S OFFICE.

5 Q. ANYONE ELSE?

6 A. MY HUSBAND WAS ALSO PRESENT.

7 Q. THE PHOTOGRAPH “A”, THAT’S — WHERE IS THAT

8 PHOTOGRAPH TAKEN FROM? WHERE WOULD THE PHOTOGRAPHER BE

9 STANDING?

10 A. HE STOOD IN MY BEDROOM NEXT TO MY BED, I BELIEVE.

11 Q. WHAT ABOUT PHOTOGRAPH “B”?

12 A. IN THE BATHROOM.

13 Q. THOSE TWO PHOTOGRAPHS ARE TAKEN TOWARDS MR.

14 WESTERFIELD’S HOUSE; IS THAT CORRECT?

15 A. YES, SIR.

16 Q. WERE YOU EVER ASKED TO REVIEW YOUR TESTIMONY AT A

17 PREVIOUS HEARING IN THIS CASE?

18 A. REPEAT?

19 Q. DID YOU REVIEW ANY DOCUMENTS BEFORE YOU TESTIFIED

20 HERE TODAY?

21 A. TODAY?

22 Q. YES.

23 A. YES.

24 Q. WHAT DID YOU REVIEW?

25 A. MY PRELIMINARY HEARING TESTIMONY.

26 Q. AND THIS WAS A TRANSCRIPT; IS THAT CORRECT?

27 A. YES, SIR.

28 Q. DID YOU ALSO REVIEW ANY REPORTS?
4522
1 A. THE ORIGINAL POLICE REPORT THAT WAS WRITTEN BY ONE

2 OF THE DETECTIVES.

3 Q. THIS WAS A TWO-PAGE REPORT?

4 A. I THINK IT WAS JUST ONE PAGE. IT WAS JUST SHORT —

5 VERY SHORT ONE.

6 Q. DID YOU REVIEW ANY OTHER REPORTS?

7 A. NO, SIR.

8 Q. NOW THE FRIDAY NIGHT THAT YOU NOTICED MR.

9 WESTERFIELD’S LIGHTS ON AT ABOUT 10:30 —

10 A. UM-HMM.

11 Q. — DID YOU WORK THAT WEEKEND?

12 A. NO.

13 Q. YOU DIDN’T WORK THAT FRIDAY?

14 A. NOT AT ALL.

15 Q. YOU DIDN’T WORK SATURDAY?

16 A. NO.

17 Q. YOU DIDN’T WORK SUNDAY?

18 A. NO.

19 Q. DID YOU WORK THE FOLLOWING MONDAY?

20 A. NO, I DID NOT.

21 Q. OTHER THAN NOTICING MR. WESTERFIELD’S LIGHTS ON AND

22 THE BLINDS CLOSED, IT WAS A NORMAL FRIDAY NIGHT?

23 A. YES.

24 Q. THE ONLY THING UNUSUAL YOU SAW WAS THE BLINDS

25 CLOSED ON THE BACK OF MR. WESTERFIELD’S HOUSE; IS THAT CORRECT?

26 A. YES, AND THINK ABOUT IT.

27 Q. WHEN YOU LOOKED OUT AT ABOUT 2:00 IN THE MORNING

28 AND SAW THE BLIND CLOSED YOU NOTICED THE UPSTAIRS BLIND CLOSED,
4523
1 IS THAT RIGHT, TO MR. WESTERFIELD’S HOUSE?

2 A. ALL THE BLINDS WERE CLOSED.

3 Q. INCLUDING THE UPSTAIRS BLIND?

4 A. INCLUDING THE UPSTAIRS BLINDS.

5 Q. THE UPSTAIRS BLIND THAT WENT TO THE BATHROOM?

6 A. YES.

7 Q. THE UPSTAIRS BLIND THAT WENT TO ONE OF THE

8 BEDROOMS?

9 A. YES.

10 Q. THE UPSTAIRS BLIND THAT WENT TO THE DOWNSTAIRS

11 KITCHEN AREA, THE DOWNSTAIRS AREA?

12 A. YES.

13 Q. WHAT IS DOWNSTAIRS, AS YOU RECALL?

14 A. WELL, FOR US IT’S THE DINING ROOM AND A LIVING ROOM

15 AREA. I ASSUMED IT WAS THE SAME FOR HIM.

16 Q. DID — ALSO YOU’VE TOLD US THE BLIND TO THE BACK

17 DOOR WAS CLOSED, TOO?

18 A. YES.

19 Q. AND YOU THOUGHT THIS WAS UNUSUAL BECAUSE YOU

20 NOTICED ALL THE BLINDS IN THE HOUSE WERE CLOSED, IS THAT RIGHT?

21 A. YES.

22 Q. AND YOU’VE NEVER NOTICED THAT BEFORE?

23 A. I HAVEN’T.

24 Q. AND YOU WERE HOME SATURDAY ALSO, IS THAT RIGHT?

25 A. YES.

26 Q. THE HOUSE WAS IN THE SAME CONDITION?

27 A. YES.

28 Q. AND THEN SUNDAY THE HOUSE WAS IN THE SAME
4524
1 CONDITION?

2 A. I DON’T REMEMBER SUNDAY. EVERYTHING HAS BEEN — IT

3 WAS A LOT OF THINGS GOING ON.

4 Q. SATURDAY YOU REALIZED THAT THERE WAS SOME COMMOTION

5 IN THE NEIGHBORHOOD?

6 A. YES.

7 Q. YOU NOTICED A HELICOPTER OVERHEAD?

8 A. YES, SIR.

9 Q. AND YOU BECAME AWARE THAT THE VAN DAM GIRL WAS

10 MISSING?

11 A. YES. THEY SAID ON THE P. A. THAT THE LITTLE GIRL

12 NAMED DANIELLE, SEVEN-YEARS-OLD, WAS MISSING.

13 Q. WHEN YOU SAY THE P. A. WHAT DO YOU MEAN?

14 A. THE MIKE — THE SPEAKER ON THE HELICOPTER. THEY

15 WERE ACTUALLY ANNOUNCING THAT THERE WAS A LITTLE GIRL NAMED

16 DANIELLE AGE SEVEN MISSING THAT THEY WERE LOOKING FOR.

17 Q. POLICE CAME TO YOUR HOUSE THAT DAY, DIDN’T THEY?

18 A. THAT NIGHT.

19 Q. THEY WERE LOOKING FOR THE LITTLE GIRL?

20 A. MY HUSBAND SPOKE TO THEM. HE ANSWERED THE DOOR AND

21 SPOKE WITH THEM. I DON’T KNOW WHAT THE CONVERSATION ENTAILED

22 COMPLETELY.

23 Q. YOU WEREN’T HOME?

24 A. I WAS.

25 Q. THE FOLLOWING DAY THE POLICE ALSO CAME TO YOUR

26 HOME, DIDN’T THEY?

27 A. NO.

28 Q. THE FOLLOWING MONDAY THEY CAME TO YOUR HOME, DIDN’T
4525
1 THEY?

2 A. YES.

3 Q. THEY WERE AGAIN LOOKING FOR THE LITTLE GIRL?

4 A. THEY WERE DOING A CANINE SEARCH AT THAT POINT.

5 Q. IN FACT, YOUR HUSBAND ASSISTED THEM IN LOOKING FOR

6 THE LITTLE GIRL, DIDN’T HE?

7 A. YES.

8 Q. WHAT DAY DID HE ASSIST THEM IN LOOKING FOR THE

9 GIRL?

10 A. SATURDAY.

11 Q. DO YOU RECALL WHO THE OFFICERS WERE THAT CAME TO

12 YOUR HOUSE ON FRIDAY — I’M SORRY — ON SATURDAY?

13 A. I DID NOT KNOW THE IDENTITY. I DID NOT GO TO THE

14 DOOR.

15 Q. BUT YOU REALIZED THAT THERE WERE OFFICERS AT THE

16 DOOR?

17 A. MY HUSBAND TOLD ME.

18 Q. AND ON MONDAY DID YOU KNOW WHO THE OFFICERS WERE

19 THAT CAME TO YOUR HOUSE?

20 A. WHO THEY WERE?

21 Q. YES.

22 A. THEIR IDENTITIES?

23 Q. YES.

24 A. NO.

25 Q. AT SOME POINT YOU REALIZED THAT MR. WESTERFIELD —

26 SOME VEHICLES WERE BEING IMPOUNDED?

27 A. I DID.

28 Q. YOU SAW MR. WESTERFIELD ON TV?
4526
1 A. YES.

2 Q. AND IT WAS AFTER THAT THAT YOU WENT TO — I GUESS

3 THERE’S A CENTER WHERE EVERYBODY WAS CONGREGATING REGARDING THE

4 MISSING GIRL IN YOUR NEIGHBORHOOD?

5 A. THERE WAS A MOBILE COMMAND POST SET UP, A TRAILER.

6 Q. AND YOU WENT TO THIS MOBILE COMMAND POST AND

7 REPORTED WHAT YOU HAD SEEN THAT YOU NOTED WAS UNUSUAL?

8 A. I DID.

9 Q. AND THIS WAS AFTER YOU SAW MR. WESTERFIELD’S

10 VEHICLE IMPOUNDED, IS THAT RIGHT?

11 A. YES.

12 Q. AND AFTER YOU SAW MR. WESTERFIELD ON TV?

13 A. I THINK I HAD SEEN HIM ON TV AT THAT POINT.

14 Q. AND YOU WENT TO THE COMMAND POST AND YOU SAID YOU

15 NOTED SOMETHING UNUSUAL, AND THAT WAS THAT HIS — MR.

16 WESTERFIELD’S BLINDS WERE CLOSED ON FRIDAY NIGHT?

17 A. I ACTUALLY WAS BRINGING UP A LIGHT ISSUE MORE THAN

18 ANYTHING, AND I MENTIONED THE BLINDS ALSO. I TOLD THEM I DON’T

19 KNOW IF THIS IS GOOD FOR THE GUY, BAD FOR THE GUY BUT THIS IS AN

20 UNUSUAL CIRCUMSTANCE. THIS IS WHAT I’M GOING TO TELL YOU. DO

21 WHAT YOU WANT ON THE THING. AND I TOLD THEM ABOUT THE LIGHT

22 SHINING ALL NIGHT AND ABOUT THE BLINDS.

23 Q. AND THE REASON YOU REPORTED IT WAS BECAUSE YOU

24 THOUGHT IT WAS UNUSUAL?

25 A. I DID. IT WAS ONE OF THOSE THINGS THAT JUST KIND

26 OF CATCH YOU, SHOULD I? SHOULDN’T I? IS IT ANYTHING?

27 EVENTUALLY, I SAID I’M JUST GONNA LET THEM KNOW, LIKE I SAID.

28 Q. YOU REPORTED IT BECAUSE YOU THOUGHT IT WAS UNUSUAL?
4527
1 A. I THOUGHT IT WAS UNUSUAL AND I THOUGHT EITHER WAY.

2 MR. BOYCE: COULD WE APPROACH SIDEBAR?

3 THE COURT: SURE. OPHELIA.

4

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15

16 (THE FOLLOWING PROCEEDINGS WERE HELD IN
OPEN COURT IN THE PRESENCE OF THE JURY:)
17

18 BY MR. BOYCE:

19 Q. MA’AM, YOU WORK AS A LAW ENFORCEMENT DISPATCHER,

20 DON’T YOU?

21 A. YES, SIR.

22 Q. AND WHAT DOES A LAW ENFORCEMENT DISPATCHER DO?

23 A. WHAT DO WE DO?

24 Q. YES.

25 A. WE DISPATCH OFFICERS TO CALLS.

26 Q. YOU RECEIVE INFORMATION, DON’T YOU?

27 A. YES, ON SOME OCCASION WHEN THEY’RE ANSWERING THE

28 TELEPHONE THEY TAKE 911 AND FROM CELLULARS AND PUBLIC CALLS,
4528
1 THAT TYPE OF THING.

2 Q. AND YOU GET THAT INFORMATION TO WHERE IT NEEDS TO

3 GO AS SOON AS POSSIBLE, DON’T YOU?

4 A. YES.

5 Q. AND AS PART OF YOUR JOB YOU UNDERSTAND THE

6 IMPORTANCE OF GETTING THAT INFORMATION TO THE CORRECT PEOPLE AS

7 SOON AS POSSIBLE?

8 A. YES.

9 Q. AS PART OF YOUR JOB YOU UNDERSTAND THE IMPORTANCE

10 OF HAVING THE RIGHT PEOPLE WITH THE RIGHT INFORMATION SO THAT

11 THEY CAN FOCUS AN INVESTIGATION AS SOON AS POSSIBLE, DON’T YOU?

12 A. YES.

13 Q. AND AS PART OF YOUR JOB YOU’RE USED TO GETTING

14 UNUSUAL INFORMATION TO POLICE SO THAT THEY CAN USE THAT

15 INFORMATION IN INVESTIGATION — TO LAW ENFORCEMENT IN THEIR

16 INVESTIGATION; IS THAT RIGHT?

17 A. YES. WE PRIORITIZE THE INFORMATION.

18 Q. THE POLICE THAT — BEFORE THEY WENT TO THE COMMAND

19 POST THEY HAD BEEN TO YOUR HOUSE AT LEAST TWO TIMES CONDUCTING

20 THE INVESTIGATION IN THE DISAPPEARANCE OF DANIELLE VAN DAM,

21 HADN’T THEY?

22 A. FROM WHAT I HEARD, THEY WERE THERE TWICE. AGAIN, I

23 DIDN’T HAVE ANY CONTACT WITH THEM.

24 Q. YOU WERE AT HOME WHEN THEY WERE THERE ONCE, WEREN’T

25 YOU?

26 A. ONCE THAT NIGHT, SATURDAY NIGHT.

27 Q. AND YOUR HUSBAND HAD PARTICIPATED IN THE

28 INVESTIGATION ON SATURDAY?
4529
1 A. HE WENT WITH SEVERAL CITIZENS PATROLING THE

2 STREET — OR JUST KIND OF LOOKING AROUND THE STREETS.

3 Q. LOOKING FOR INFORMATION?

4 A. LOOKING FOR HER. LOOKING FOR THE LITTLE GIRL,

5 DANIELLE.

6 Q. LOOK FOR ANY SIGN OF ANYTHING THAT MIGHT HELP THEM

7 FIND HER?

8 A. I THINK THEY WERE SPECIFICALLY LOOKING FOR DANIELLE

9 AT THAT POINT, YELLING OUT HER NAME AND STUFF.

10 Q. YOU ALSO TOLD US THAT YOU HAD SEEN MOVING OUT OF

11 MR. WESTERFIELD’S MOTOR HOME, YOU HAD SEEN THAT IN THE

12 NEIGHBORHOOD ON OTHER OCCASIONS?

13 A. YES.

14 Q. AND ON OCCASION YOU WOULD SEE IT IN ONE LOCATION

15 FOR SEVERAL DAYS AT A TIME?

16 A. YES.

17 Q. SOME DAYS YOU WOULD SEE IT THERE THE SAME DAY THAT

18 IT WOULD LEAVE AND IT WOULD LEAVE THE SAME DAY?

19 A. TYPICALLY, IT WAS THERE A DAY PRIOR AT LEAST.

20 Q. BUT SOMETIMES YOU WOULD SEE THE MOTOR HOME THERE

21 THE DAY THAT MR. WESTERFIELD LEAVES, OTHER TIMES IT MAY BE THERE

22 FOR TWO OR MORE DAYS BEFORE HE LEAVES AFTER — AND AFTER HE

23 RETURNS?

24 A. THE MAJORITY OF THE TIME I SAW IT THERE AT LEAST

25 ONE DAY PRIOR. I DON’T —

26 Q. BUT ON OCCASION YOU HAVE SEEN IT THERE FOR A DAY?

27 A. I GUESS I — I MIGHT HAVE. I MIGHT HAVE SEEN IT

28 LIKE THERE FOR A MORNING AND THEN HE’LL TAKE OFF. I CAN’T SAY I
4530
1 HAVE NOT.

2 Q. BUT YOU TOLD US AT THE PRELIMINARY HEARING THAT YOU

3 HAD THAT EXPERIENCE BEFORE, THAT YOU HAD SEEN THE MOTOR HOME

4 THERE THE SAME DAY AND THEN LEAVE?

5 A. OKAY.

6 Q. DID YOU SAY THAT?

7 A. APPARENTLY.

8 Q. AND WHEN YOU TESTIFIED AT THE PRELIMINARY HEARING

9 WERE YOU TRUTHFUL?

10 A. YES, ABSOLUTELY.

11 Q. NOW, I WANT TO TALK ABOUT THE DAYS THAT YOU HAD

12 SEEN THE MOTOR HOME THERE FOR A COUPLE DAYS BEFORE IT LEFT AS

13 OPPOSED TO THE DAY THAT — THE TIMES THAT YOU SAW IT THERE, OR

14 THE TIME THAT YOU SAW IT THERE AND IT WOULD LEAVE THE SAME DAY.

15 ON THOSE DAYS WHEN IT WOULD BE THERE FOR TWO OR MORE DAYS WOULD

16 YOU SEE ACTIVITY GOING ON SUCH AS THE MOTOR HOME BEING LOADED?

17 A. YES.

18 Q. YOU WOULD SEE THINGS OUT IN FRONT NEXT TO THE MOTOR

19 HOME?

20 A. NO. THEY WERE ON THE DRIVEWAY.

21 Q. YOU WOULD SEE WHO APPEARED TO BE MR. WESTERFIELD’S

22 SON?

23 A. I ASSUMED IT WAS HIS SON. I NEVER WAS INTRODUCED

24 OR FORMALLY BEEN TOLD THAT’S HIS SON. I ASSUMED IT WAS HIS SON.

25 Q. YOU SAW HIM TALKING TO MR. WESTERFIELD?

26 A. YES.

27 Q. YOU SAW HIM GOING INTO THE HOUSE?

28 A. YES.
4531
1 Q. YOU ALSO SAW — DID YOU SEE HIS DAUGHTER THERE, WHO

2 YOU ASSUMED TO BE HIS DAUGHTER?

3 A. NO.

4 Q. DID YOU SEE WOMEN WITH MR. WESTERFIELD WHEN THE

5 MOTOR HOME WAS BEING LOADED OR UNLOADED?

6 A. THERE WAS A GAL THAT HAD LONG BLACK HAIR THAT I SAW

7 THERE FREQUENTLY AT SOME POINT, NOT RECENTLY, AND I MAY HAVE

8 SEEN HER OUT AT THAT TIME.

9 Q. SHE WAS SOMEBODY YOU ASSOCIATED WITH MR.

10 WESTERFIELD AND MR. WESTERFIELD’S HOUSE?

11 A. SHE WAS IN HIS GARA — I DON’T KNOW IF SHE LIVED

12 THERE. I SAW HER IN HIS GARAGE AND AT HIS HOME.

13 Q. WHEN YOU WOULD SEE THE MOTOR HOME OUT THERE WITH

14 VARIOUS ITEMS IN THE CAR — IN THE GARAGE — IN THE GARAGE AREA,

15 AROUND THE GARAGE AREA, IN THE DRIVEWAY, IS THAT WHAT YOU WERE

16 TELLING US?

17 A. IN THE DRIVEWAY.

18 Q. YOU WOULD SEE THE MOTOR HOME DOOR OPEN DURING THIS

19 PERIOD OF TIME, WOULDN’T YOU?

20 A. I THINK IT WAS OPEN WHEN THEY WERE OUT THERE

21 LOADING.

22 Q. AND YOU WOULD SEE IT CLOSED AT VARIOUS POINTS OF

23 THE TIME, WOULDN’T YOU? IN OTHER WORDS, YOU WOULD SEE THE MOTOR

24 HOME DOOR BOTH OPEN AND CLOSED?

25 A. YES, SIR.

26 Q. AND YOU WOULD — AFTER YOU SAW THE MOTOR HOME OUT

27 THERE FOR A PERIOD OF TIME YOU’D SEE IT LEAVE?

28 A. YES.
4532
1 Q. THEN AFTER ANOTHER PERIOD OF TIME IT WOULD RETURN?

2 A. YES.

3 Q. AND YOU WOULD SEE THE SAME THING, THINGS IN THE

4 DRIVEWAY?

5 A. YES.

6 Q. THE MOTOR HOME DOOR BOTH OPEN AND CLOSED?

7 A. YES.

8 MR. BOYCE: NOTHING FURTHER, YOUR HONOR.

9 THE COURT: ANYTHING FURTHER, MR. DUSEK?

10

11 REDIRECT EXAMINATION +

12 BY MR. DUSEK:

13 Q. BASED UPON YOUR OBSERVATIONS OF THE MOTOR HOME WHEN

14 IT WAS IN THE NEIGHBORHOOD, IT WOULD TAKE A DAY OR TWO FOR HIM

15 TO PREPARE THE MOTOR HOME TO GO OFF ON A PLEASURE TRIP?

16 A. YES.

17 Q. AND THAT AT THE END OF THAT TRIP OR THE END OF THAT

18 WEEKEND IT WOULD APPEAR A DAY OR TWO WHERE THE MOTOR HOME WOULD

19 BE BACK IN THE NEIGHBORHOOD AND HE’D BE UNLOADING IT AFTER A

20 PLEASURE TRIP?

21 A. YES.

22 Q. AND WHEN YOU SAW THE MOTOR HOME, WAS THAT FROM YOUR

23 HOUSE OR JUST AS YOU WOULD DRIVE BY GETTING TO YOUR HOUSE?

24 A. JUST AS I WOULD DRIVE BY. I CAN’T SEE IT FROM MY

25 HOUSE.

26 Q. SO IT WOULD BE JUST BASICALLY HOWEVER LONG IT TAKES

27 YOU TO DRIVE FROM IN FRONT OF HIS HOUSE TO YOUR RESIDENCE?

28 A. YES.
4533
1 Q. LET ME ASK YOU DIRECTLY, WHY DIDN’T YOU TELL THE

2 POLICE OFFICERS THAT CAME TO YOUR HOUSE ABOUT WHAT YOU SAW ABOUT

3 THE BACK OF THE HOUSE?

4 A. WELL, THAT SATURDAY THERE WAS A LOT GOING ON IN THE

5 NEIGHBORHOOD, POLICE EVERYWHERE, REPORTERS EVERYWHERE, HUNDREDS

6 OF PEOPLE. I DIDN’T REALLY — AND AT THAT TIME REALLY, I TRULY

7 JUST THOUGHT WELL, MAYBE HE WENT ON VACATION, MAYBE HE’S GONE.

8 ONCE I DID SEE HIM ON THE NEWS AND SAW THAT HE WAS

9 BEING LOOKED AT FURTHER, WHAT WAS JUST UNUSUAL THEN BECAME HMM,

10 THAT MEANS SOMETHING, AND THAT’S WHY I WENT FORWARD WITH IT.

11 AND I TOLD — AGAIN, I TOLD THE OFFICER I DON’T

12 KNOW IF THIS MEANS GOOD FOR HIM, BAD FOR HIM, WHATEVER THIS

13 MEANS, BUT THIS IS THE SITUATION.

14 I SIT IN MY GLIDER ROCKER QUITE FREQUENTLY IN THE

15 MIDDLE OF THE NIGHT. IT’S NOT LIKE I EYE ON HIM OR ANYTHING,

16 BUT I’VE GOT A CHAIR AND I’VE GOT SMALL BABIES, AND I JUST SEE

17 OUT THAT WINDOW QUITE FREQUENTLY AND IT WAS JUST UNUSUAL.

18 Q. HAVE YOU SEEN PICTURES OF DANIELLE VAN DAM SINCE

19 THIS THING STARTED?

20 A. YES, THAT DAY.

21 Q. DID YOU EVER SEE HER ON THE STREET THERE BY MR.

22 WESTERFIELD’S RESIDENCE?

23 A. NOT THAT — NOT THAT I RECALL.

24 MR. DUSEK: THANK YOU, MA’AM.

25 THE COURT: ANYTHING FURTHER, MR. BOYCE?

26

27 ///

28 ///
4534
1 RECROSS-EXAMINATION+

2 BY MR. BOYCE:

3 Q. THE WEEKEND THAT YOU WERE TELLING US, THE WEEKEND

4 OF THE SEARCH, YOU DIDN’T SEE THE MOTOR HOME ANYWHERE THAT

5 FRIDAY, DID YOU?

6 A. I DID NOT.

7 Q. YOU DIDN’T SEE IT THERE ANYWHERE SATURDAY, DID YOU?

8 A. NO.

9 Q. YOU DIDN’T SEE IT THERE AT ANY TIME ON SUNDAY, DID

10 YOU?

11 A. NO. I WAS HOME ALL — HOME ALL THAT WEEKEND. I

12 DIDN’T DRIVE BY HIS HOUSE.

13 Q. YOU DIDN’T SEE IT ON MONDAY, DID YOU?

14 A. I DON’T RECALL SEEING IT ON MONDAY. THERE WAS A

15 LOT OF VEHICLES PARKED THERE, HUNDREDS.

16 Q. BUT YOU DON’T RECALL SEEING THE MOTOR HOME THERE ON

17 MONDAY?

18 A. NO. THERE WAS HUNDREDS OF VEHICLES THERE.

19 Q. YOU DON’T RECALL SEEING THE MOTOR HOME ANY TIME

20 THAT WEEKEND, DO YOU?

21 A. I DON’T RECALL THAT. NO, I DON’T.

22 Q. YOU HAVE NO IDEA WHERE MR. WESTERFIELD WAS, DO YOU?

23 A. NO.

24 Q. THE WEEKEND BEFORE, DID YOU SEE THE MOTOR HOME

25 THERE FRIDAY NIGHT?

26 A. THE WEEKEND BEFORE THE WEEKEND IN QUESTION?

27 Q. YES.

28 A. NO.
4535
1 Q. YOU DIDN’T SEE THE MOTOR HOME THERE ON SATURDAY,

2 DID YOU?

3 A. AGAIN, I DON’T REMEMBER WHEN THE LAST TIME PRIOR TO

4 THAT WAS THAT I SAW THE MOTOR HOME.

5 Q. YOU DON’T RECALL SEEING THE MOTOR HOME THERE THE

6 SATURDAY BEFORE ALL THE ACTIVITY IN YOUR NEIGHBORHOOD, DO YOU?

7 A. I DON’T RECALL IF I DROVE BY THAT SATURDAY.

8 Q. YOU DON’T RECALL SEEING THE MOTOR HOME THE SATURDAY

9 BEFORE ALL THE ACTIVITY IN THE NEIGHBORHOOD?

10 A. NO, I DON’T.

11 Q. YOU DON’T RECALL SEEING THE MOTOR HOME THERE THE

12 SUNDAY BEFORE ALL THE ACTIVITY IN THE NEIGHBORHOOD, DO YOU?

13 A. NO.

14 Q. NOR THE MONDAY?

15 A. NO.

16 Q. AND YOU DON’T KNOW WHERE MR. WESTERFIELD WAS THAT

17 WEEKEND EITHER, DO YOU?

18 A. I HAVE NO IDEA.

19 MR. BOYCE: COULD I HAVE JUST A MOMENT, YOUR HONOR?

20 THE COURT: SURE. (PAUSE)

21

22 BY MR. BOYCE:

23 Q. ON THESE OCCASIONS WHERE YOU DID SEE THE MOTOR

24 HOME, IT WOULD LEAVE AND THEN IT WOULD COME BACK, ABOUT HOW LONG

25 WOULD IT BE GONE FOR?

26 A. TYPICALLY A WEEKEND, A FRIDAY TILL MONDAY KIND OF

27 THING.

28 MR. BOYCE: I DON’T HAVE ANYTHING FURTHER, YOUR HONOR.
4536
1 THE COURT: ANYTHING FURTHER?

2 MR. DUSEK: NO. THANK YOU.

3 THE COURT: IS THIS WITNESS TO BE EXCUSED, COUNSEL?

4 MR. DUSEK: YES.

5 MR. BOYCE: YES.

6 THE COURT: ALL RIGHT, MA’AM. YOUR TIME WITH US IS DONE.

7 YOU’RE FREE TO LEAVE THESE PROCEEDINGS. REMEMBER, HOWEVER,

8 YOU’RE UNDER AN ADMONITION NOT TO DISCUSS YOUR TESTIMONY WITH

9 ANYONE UNTIL THE MATTER’S CONCLUDED, OKAY?

10 THE WITNESS: OKAY.

11 THE COURT: THANK YOU FOR COMING IN.

12 THE WITNESS: THANK YOU.

13 MR. DUSEK: CALL DETECTIVE HOWARD LABORE.

14

15 -HOWARD LABORE, +

16 PLAINTIFF’S WITNESS, HAVING BEEN SWORN, TESTIFIED AS FOLLOWS:

17

18 THE COURT: PLEASE HAVE A SEAT, DETECTIVE.

19 THE CLERK: SIR, WOULD YOU PLEASE STATE YOUR NAME AND

20 SPELL IT FOR THE RECORD.

21 THE WITNESS: HOWARD LABORE, L-A-B-O-R-E.

22

23 DIRECT EXAMINATION +

24 BY MR. DUSEK:

25 Q. HOW ARE YOU EMPLOYED, SIR?

26 A. I WORK FOR THE CITY OF SAN DIEGO AS A POLICE

27 DETECTIVE.

28 Q. WHAT IS YOUR CURRENT ASSIGNMENT?
4537
1 A. CURRENTLY I’M ASSIGNED AS THE ACTING SERGEANT IN

2 THE MID CITY DIVISION OF THE CITY OF SAN DIEGO.

3 Q. HOW LONG HAVE YOU BEEN A POLICE OFFICER?

4 A. TWENTY YEARS.

5 Q. I’D LIKE TO DIRECT YOUR ATTENTION BACK TO FEBRUARY

6 OF THIS YEAR. WHAT WAS YOUR ASSIGNMENT THEN?

7 A. I WAS WORKING IN THE ROBBERY UNIT AS A ROBBERY

8 DETECTIVE.

9 Q. DID YOU BECOME ONE OF THE OFFICERS INVOLVED IN THE

10 DANIELLE VAN DAM CASE?

11 A. YES.

12 Q. I’M ONLY CONCERNED NOW ABOUT ONE SMALL ASPECT OF

13 YOUR INVOLVEMENT IN THAT CASE.

14 DID YOU COME INTO CONTACT WITH A LADY BY THE NAME

15 OF CHRISTINA HOEFFS?

16 A. YES.

17 Q. IS THAT THE LADY WHO JUST LEFT THE COURTROOM?

18 A. YES.

19 Q. WHEN AND WHERE DID YOU HAVE CONTACT WITH HER?

20 A. ON TUESDAY, FEBRUARY 5TH AT ABOUT 8:30 P.M. I WAS

21 AT THE COMMAND POST THAT WAS SET UP IN THE NEIGHBORHOOD AND SHE

22 HAD CONTACTED ME AT THAT COMMAND POST.

23 MR. FELDMAN: OBJECTION, HEARSAY, IRRELEVANT.

24 THE COURT: THERE’S NO STATEMENT. OVERRULED. THE ANSWER

25 STANDS.

26

27 BY MR. DUSEK:

28 Q. WHAT WAS YOUR ASSIGNMENT AT THAT TIME?
4538
1 A. I WAS ASSISTING IN THE COORDINATION OF THE DOOR TO

2 DOOR SEARCHES IN THE NEIGHBORHOOD THAT EVENING.

3 Q. DID YOU GO TO HER OR DID SHE COME TO YOU?

4 A. SHE CAME TO ME.

5 Q. DID YOU SPEAK WITH HER?

6 A. YES, I DID.

7 Q. WHY?

8 A. SHE SAID SHE HAD —

9 MR. FELDMAN: OBJECTION.

10 THE COURT: LET’S NOT SAY WHAT SHE SAID. HE JUST ASKED

11 YOU WHY YOU TALKED TO HER.

12

13 BY MR. DUSEK:

14 Q. WHY DID YOU TALK TO HER?

15 A. SHE CAME TO ME BECAUSE SHE HAD INFORMATION SHE

16 THOUGHT —

17 MR. FELDMAN: OBJECTION, HEARSAY. THE REASON —

18 THE COURT: OVERRULED. OVERRULED.

19 YOU MAY CONCLUDE YOUR ANSWER. NOT WHAT SHE SAID

20 BUT WHY YOU INTERVIEWED HER.

21 THE WITNESS: SHE CAME TO ME BECAUSE SHE HAD INFORMATION

22 THAT MIGHT BE PERTINENT TO OUR INVESTIGATION.

23 MR. FELDMAN: YOUR HONOR, MOTION TO STRIKE,

24 NONRESPONSIVE.

25 THE COURT: DULY NOTED. OVERRULED.

26 NEXT QUESTION.

27 ///

28 ///
4539
1 BY MR. DUSEK:

2 Q. DID SHE GIVE YOU SOME INFORMATION?

3 A. YES, SHE DID.

4 MR. FELDMAN: OBJECTION, THERE’S NO PREDICATE.

5 THE COURT: APPROACH THE BENCH.

6 MR. FELDMAN: THANK YOU.

7 THE COURT: HATE TO DO THIS TO YOU, OPHELIA, BUT I HAVE

8 TO HAVE YOU COME OVER HERE.

9

10

11

12
13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28
4540
1

2

3

4

5

6 (THE FOLLOWING PROCEEDINGS WERE HELD IN
OPEN COURT IN THE PRESENCE OF THE JURY:)
7

8 BY MR. DUSEK:

9 Q. WHAT DID SHE TELL YOU?

10 A. SHE TOLD ME THAT SHE LIVED BEHIND MR. WESTERFIELD,

11 AND THAT SHE NOTICED THAT ON FRIDAY, FEBRUARY 1ST TILL SATURDAY

12 MORNING FEBRUARY 2ND, THAT THE REAR PORCH LIGHT WAS ON ALL THAT

13 TIME, AND THAT SHE SAW THAT THE CURTAINS WERE CLOSED AND SHE

14 COULD NOT LOOK INTO THE BACK OF THE HOUSE, AND SHE THOUGHT THAT

15 WAS STRANGE.

16 Q. DID SHE SAY WHY SHE WAS REPORTING IT?

17 A. BECAUSE SHE THOUGHT IT WAS A STRANGE OCCURRENCE.

18 MR. DUSEK: THANK YOU, SIR.

19 THE COURT: ALL RIGHT. CROSS-EXAMINATION.

20

21 CROSS-EXAMINATION +

22 BY MR. BOYCE:

23 Q. DETECTIVE LABORE, DID YOU DO A REPORT IN THIS

24 MATTER REGARDING THE SUBJECT MATTER OF YOUR TESTIMONY — EXCUSE

25 ME.

26 A. I FILLED OUT WHAT’S CALLED A TIP SHEET ON THIS

27 INFORMATION AND TURNED IT IN TO THE PERSON WHO WAS COORDINATING

28 ALL TIPS.
4541
1 Q. DID YOU PROVIDE THAT TO THE DISTRICT ATTORNEY’S

2 OFFICE?

3 A. I DID NOT PERSONALLY. IT WAS PART OF THE CASE, I

4 THINK.

5 Q. WHEN DID YOU FILL OUT THE TIP SHEET?

6 A. IT WAS EITHER LATER THAT NIGHT OR THE VERY NEXT

7 MORNING AFTER I GOT BACK INTO THE OFFICE.

8 Q. BEFORE MR. — BEFORE THE LADY APPROACHED YOU THAT

9 DAY HAD YOU MET HER PREVIOUSLY?

10 A. NO.

11 Q. HER HUSBAND, HAD YOU MET HIM PREVIOUSLY?

12 A. NO.

13 Q. YOU WERE IN CHARGE OF CONDUCTING THE NEIGHBORHOOD

14 SEARCH, AT LEAST PART OF IT, WEREN’T YOU?

15 A. YES.

16 Q. AND THAT INCLUDED GOING TO ALL THE HOUSES IN THE

17 NEIGHBORHOOD, IS THAT RIGHT?

18 A. NO.

19 Q. SOME OF THE HOUSES IN THE NEIGHBORHOOD?

20 A. I WAS COORDINATING THE SEARCH. I DID SOME PHYSICAL

21 SEARCHES MYSELF, BUT MY MAIN FUNCTION WAS TO COORDINATE IT AND

22 MAKE SURE THAT IT WAS GOING SMOOTH AND WHAT PROGRESS WE WERE

23 MAKING IN THE AREA.

24 Q. ONE OF THE STREETS IN THE AREA IS DAPPLE COURT,

25 ISN’T IT?

26 A. YES.

27 Q. AND THAT’S THE STREET THAT MS. HOEFFS LIVES ON,

28 ISN’T IT?
4542
1 A. IF I CAN REFRESH MY MEMORY I CAN TELL YOU THAT.

2 Q. DO YOU HAVE ANYTHING TO REFRESH YOUR MEMORY WITH

3 THERE?

4 A. YES, I HAVE A TIP SHEET.

5 Q. CAN YOU REFRESH YOUR MEMORY BY LOOKING AT THE TIP

6 SHEET?

7 A. YES. SHE LIVES ON DAPPLE COURT.

8 Q. AND THAT WAS ONE OF THE STREETS UNDER YOUR

9 SUPERVISION THAT YOU WERE COORDINATING THE SEARCH OF THE VARIOUS

10 PEOPLE THAT LIVED THERE; IS THAT CORRECT?

11 A. YES.

12 Q. SO SHE — HER HOUSE WAS ONE OF THE HOUSES THAT WAS

13 CONTACTED OR — AND/OR SEARCHED DURING THIS TIME THAT YOU WERE

14 LOOKING FOR DANIELLE VAN DAM, IS THAT RIGHT?

15 A. TO THE BEST OF MY KNOWLEDGE, YES.

16 Q. AND THIS HAD OCCURRED BEFORE THAT SHE HAD COME TO

17 TALK TO YOU, IS THAT RIGHT?

18 A. I’M SORRY, I DON’T UNDERSTAND YOUR QUESTION.

19 Q. BEFORE MS. HOEFFS CAME AND SPOKE TO YOU AND YOU DID

20 THIS TIP SHEET HER HOUSE HAD BEEN SEARCHED AND SHE HAD BEEN

21 CONTACTED, IS THAT RIGHT?

22 MR. DUSEK: OBJECTION, SPECULATION UNLESS HE KNOWS.

23 THE COURT: SUSTAINED, UNLESS IT’S WITHIN YOUR PERSONAL

24 KNOWLEDGE.

25 THE WITNESS: YOUR HONOR, I HAVE A REPORT THAT MAY ASSIST

26 ME IN REFRESHING MY MEMORY OF WHEN THAT SEARCHING WAS CONDUCTED,

27 BUT I HONESTLY DON’T KNOW WHEN THE SEARCH WAS DONE.

28 ///
4543
1 BY MR. BOYCE:

2 Q. PLEASE..

3 (PAUSE)

4 THE COURT: ALL RIGHT, MR. BOYCE.

5

6 BY MR. BOYCE:

7 Q. DOES THAT REFRESH YOUR RECOLLECTION?

8 A. YES, IT DOES.

9 Q. WHAT IS YOUR RECOLLECTION?

10 A. DETECTIVES WENT TO THAT HOUSE ON MONDAY ON THE 3RD

11 AND CONDUCTED THE SEARCH ON THAT DAY.

12 Q. DO YOU KNOW AN OFFICER GOTT, G-O-T-T?

13 A. IT DOESN’T SOUND FAMILIAR TO ME.

14 Q. DO YOU HAVE THE TIP SHEET THAT YOU’VE BEEN

15 REFERRING TO WITH YOU?

16 A. YES, I DO.

17 Q. AT THE BOTTOM OF THE TIP SHEET IT SAYS — IS THIS

18 ONE OF THE STATEMENTS THAT MS. HOEFFS MADE TO YOU?

19 A. NO, IT’S NOT.

20 Q. AT THE TOP UNDER NARRATIVE, IS THAT THE INFORMATION

21 THAT MS. HOEFFS PROVIDED YOU?

22 A. YES, IT IS.

23 Q. SHE STATED THAT THE REAR PORCH LIGHT WAS ON FRIDAY

24 NIGHT, SATURDAY MORNING ALL NIGHT, IS THAT WHAT SHE SAID?

25 A. THAT’S CORRECT.

26 Q. AND THIS WAS REPORTED TO YOU AT 8:30 P.M. ON

27 FEBRUARY 5TH?

28 A. THAT’S CORRECT.
4544
1 Q. ONE LAST ITEM.

2 THE PERSON SEATED NEXT TO MR. DUSEK, IS THAT

3 SERGEANT HOLMES?

4 A. YES, IT IS.

5 MR. BOYCE: THANK YOU.

6 THE COURT: ANYTHING FURTHER, MR. DUSEK?

7

8 REDIRECT EXAMINATION +

9 BY MR. DUSEK:

10 Q. ALONG WITH YOUR TIP SHEET WHERE YOU READ ABOUT THE

11 PORCH LIGHT IS THERE ALSO SOMETHING THERE ABOUT THE CURTAINS?

12 A. YES.

13 Q. WHAT ELSE DOES THE TIP SHEET SHOW ABOUT THE

14 CURTAINS?

15 A. SAID THE CURTAINS WERE CLOSED.

16 Q. DOES IT ALSO SAY WHAT SHE THOUGHT ABOUT THAT?

17 A. YES.

18 Q. WHAT DID SHE SAY ON YOUR TIP SHEET?

19 A. SHE THOUGHT IT WAS STRANGE.

20 MR. DUSEK: THANK YOU, SIR.

21 THE COURT: ANYTHING FURTHER?

22 MR. BOYCE: NO, YOUR HONOR.

23 THE COURT: ALL RIGHT. NOW IS THE DETECTIVE GOING TO BE

24 SUBJECT TO RECALL?

25 MR. FELDMAN: YES. THANK YOU.

26 THE COURT: ALL RIGHT. DETECTIVE, YOUR TIME CURRENTLY IS

27 DONE WITH US. PLEASE REMEMBER THE ADMONITION NOT TO DISCUSS THE

28 CASE PUBLICLY UNLESS — I MEAN, YOU CAN OBVIOUSLY DISCUSS THE
4545
1 INVESTIGATION, HOWEVER.

2 ALL RIGHT. THANK YOU FOR COMING IN.

3 THE WITNESS: THANK YOU, YOUR HONOR.

4 MR. DUSEK: CALL HOLLY.

5 THE COURT: OKAY.

6 LADIES AND GENTLEMEN, THE NEXT WITNESS IS A

7 JUVENILE. UNDER THE LAWS OF THIS STATE, WE’RE GOING TO BE USING

8 HER FIRST NAME ONLY. HER FIRST NAME ONLY.

9

10 -HOLLY S., +

11 PLAINTIFF’S WITNESS, HAVING BEEN SWORN, TESTIFIED AS FOLLOWS:

12

13 THE COURT: ALL RIGHT. PLEASE HAVE A SEAT.

14 I REMIND THE MEDIA AT THIS TIME OF THE ORDER OF THE

15 COURT REGARDING PHOTOGRAPHY.

16

17 DIRECT EXAMINATION +

18 BY MR. DUSEK:

19 Q. MY TURN. READY TO GO?

20 A. UM-HMM.

21 Q. TELL US YOUR FIRST NAME.

22 A. HOLLY.

23 Q. HOW DO YOU SPELL HOLLY?

24 A. H-O-L-L-Y.

25 Q. TELL US THE FIRST INITIAL OF YOUR LAST NAME?

26 A. S.

27 Q. HOLLY, HOW OLD ARE YOU?

28 A. ELEVEN.
4546
1 Q. DO YOU GO TO SCHOOL?

2 A. YEAH.

3 Q. WHAT SCHOOL?

4 A. JAMES DUKES ELEMENTARY.

5 Q. WHAT GRADE ARE YOU IN?

6 A. SIXTH.

7 Q. SUPPOSED TO BE IN SCHOOL TODAY?

8 A. YEAH.

9 Q. WHAT PART OF TOWN IS YOUR SCHOOL IN? WHAT PART OF

10 THE COUNTY?

11 A. RAMONA.

12 Q. YOU HAVE SOME GRANDPARENTS IN SAN DIEGO HERE?

13 A. UM-HMM.

14 Q. YOU HAVE TO ANSWER WITH WORDS.

15 A. OH, YES.

16 Q. WHERE DO THEY LIVE?

17 A. POWAY.

18 Q. WHAT ARE THEIR NAMES?

19 A. MARY SHERMAN AND KEITH SHERMAN.

20 Q. DO YOU OCCASIONALLY VISIT WITH THEM?

21 A. YES.

22 Q. WHAT DAYS OR HOW OFTEN DO YOU GO THERE?

23 A. I GO THERE USUALLY EVERY FRIDAY NIGHT AFTER SCHOOL,

24 FRIDAY TO SUNDAY.

25 Q. DO YOU HAVE ANY FRIENDS WHERE THEY LIVE?

26 A. NO, ‘CAUSE I USUALLY ONLY STAY THERE FOR ABOUT

27 THREE DAYS, SO I DON’T REALLY HAVE ENOUGH TIME LIKE REALLY TO

28 MAKE ANY FRIENDS WITH THEM BECAUSE I’M USUALLY WITH MY GRANDMA.
4547
1 Q. I’D LIKE TO DIRECT YOUR ATTENTION BACK TO FEBRUARY

2 1ST, FRIDAY, THAT WEEKEND. IT WAS SUPER BOWL WEEKEND?

3 A. UM-HMM.

4 Q. DO YOU REMEMBER THAT WEEKEND?

5 A. YES.

6 Q. DO YOU REMEMBER IF YOU SPENT THAT WEEKEND WITH YOUR

7 GRANDPARENTS?

8 A. YEAH — YES, I DID.

9 Q. DO YOU REMEMBER WHICH DAY YOU WENT OVER THERE?

10 A. FRIDAY NIGHT.

11 Q. HOW DID YOU GET OVER THERE?

12 A. MY MOM DROVE ME.

13 Q. DID YOUR MOM STAY WITH YOU AFTER YOU GOT THERE?

14 A. NO. SHE WENT TO HER JOB AND I STAYED WITH GRANDMA

15 AND GRANDPA.

16 Q. HAVE YOU EVER SEEN A PICTURE OF YOUR GRANDPARENTS’

17 HOUSE FROM THE AIR?

18 A. NO.

19 Q. DO YOU THINK YOU’D RECOGNIZE IT?

20 A. I DON’T KNOW.

21 Q. LET ME SHOW YOU THESE PHOTOGRAPHS THAT ARE ON

22 COURT’S EXHIBIT 48. LET ME DIRECT YOUR ATTENTION TO THIS

23 PHOTOGRAPH “C” AND THAT HOUSE THERE.

24 DO YOU RECOGNIZE THAT HOUSE?

25 A. YEAH, THAT’S MY GRANDMA AND GRANDPA’S HOUSE.

26 Q. ALL RIGHT.

27 Q. DO YOU KNOW IF — WHAT TYPE OF VEHICLES THEY HAVE?

28 A. WELL, WHEN I WAS THERE THEY HAD A BUICK, A BLUE
4548
1 TRUCK AND THEY HAD A MOTOR HOME. THEY HAD TWO MOTOR HOMES THERE

2 AND A GRAY TRUCK.

3 Q. A WHAT KIND?

4 A. A GRAY TRUCK.

5 Q. YOU SAID THERE WERE TWO MOTOR HOMES AT THEIR

6 PROPERTY?

7 A. YES, THERE WAS.

8 Q. DID ONE BELONG TO YOUR GRANDPARENTS?

9 A. UM-HMM — YES, UM-HMM.

10 Q. HAD YOU EVER BEEN IN THAT?

11 A. YEAH, YES.

12 Q. THE OTHER MOTOR HOME, DO YOU KNOW WHO THAT BELONGED

13 TO?

14 A. DAVID WESTERFIELD.

15 Q. DID YOU KNOW AT THE TIME BACK IN FEBRUARY WHO IT

16 BELONGED TO?

17 A. NO.

18 Q. DO YOU KNOW WHY IT WAS AT YOUR GRANDPARENTS’ HOME?

19 A. NO, I DIDN’T KNOW THEN.

20 Q. WHERE DID THIS OTHER MOTOR HOME STAY OR WHERE WAS

21 IT KEPT?

22 A. IT WAS KEPT, UMM — THE DRIVEWAY WENT DOWN AND THEN

23 THERE WAS ICE PLANT, AND IT STAYED ON THIS LITTLE LIKE BANK

24 RIGHT THERE.

25 Q. NOW, YOU TOLD US YOU ARRIVED THERE FRIDAY EVENING?

26 A. UM-HMM.

27 Q. I’D LIKE TO NOW GO OVER TO SATURDAY MORNING.

28 A. OKAY.
4549
1 Q. DID YOU HAVE TO DO ANY CHORES OR DO ANYTHING THAT

2 SATURDAY MORNING?

3 A. I WENT UP TO GO GET THE NEWSPAPER.

4 Q. HOW COME YOU HAD TO DO THAT?

5 A. OH, BECAUSE MY GRANDMA AND GRANDPA ASKED ME TO AND

6 I DID.

7 Q. DO YOU REMEMBER ABOUT WHAT TIME IT WAS?

8 A. IT WAS PROBABLY AROUND 8 O’CLOCK.

9 Q. WHAT DID YOU WEAR WHEN YOU WENT OUT?

10 A. MY PAJAMAS.

11 Q. DID YOU HAVE ANYTHING ON YOUR FEET?

12 A. UM-HMM, I WAS WEARING SHOES.

13 Q. WHAT HAPPENED WHEN YOU WENT OUT TO GET THE PAPER?

14 A. I SAW DAVID WESTERFIELD. WELL, I DIDN’T KNOW IT

15 WAS DAVID WESTERFIELD RIGHT THEN. HE WAS STANDING ON THE

16 DRIVER’S SIDE OF THE MOTOR HOME AND THEN HE MOVED TO THE

17 PASSENGER SIDE WHEN I SAW HIM WHEN I WAS GOING BACK DOWN THE

18 DRIVEWAY.

19 Q. WHICH MOTOR HOME?

20 A. THE ONE THAT WASN’T MY GRANDMA AND GRANDPA’S.

21 Q. DO YOU SEE THIS PERSON IN COURT TODAY THAT YOU’VE

22 IDENTIFIED AS DAVID WESTERFIELD?

23 A. YES.

24 Q. WOULD YOU POINT HIM OUT AND TELL US WHAT HE’S

25 WEARING TODAY?

26 A. HE’S WEARING A BLACK JACKET AND A LIKE

27 REDDISH-BROWNISH TIE.

28 THE COURT: THE RECORD WILL REFLECT IDENTIFICATION.
4550
1 BY MR. DUSEK:

2 Q. HOLLY, CAN YOU REMEMBER WHAT HE WAS WEARING?

3 A. HE WAS WEARING A WHITE SHIRT, SUNGLASSES AND

4 BASEBALL CAP.

5 Q. WHAT KIND OF A WHITE SHIRT? A WORK SHIRT OR —

6 A. LIKE A T-SHIRT.

7 Q. DID YOU SPEAK WITH HIM AT ALL?

8 A. NO. HE WAVED TO ME AND I WAVED BACK.

9 Q. WHAT HAPPENED THEN?

10 A. THEN I JUST WENT BACK DOWN TO MY GRANDMA AND

11 GRANDPA’S HOUSE AND DROPPED OFF THE PAPER.

12 Q. DID YOU TELL ‘EM WHAT YOU HAD SEEN UP THERE?

13 A. YES. MY GRANDPA ASKED ME WHO THAT WAS UP THERE,

14 AND I TOLD HIM THAT IT WAS — THAT I DIDN’T KNOW WHO IT WAS, AND

15 HE SAID IT WAS PROBABLY THE OWNER OF THE MOTOR HOME.

16 Q. DO YOU KNOW IF THE MOTOR HOME STAYED THERE THAT

17 WEEKEND?

18 A. NO. IT LEFT.

19 Q. HOW DO YOU KNOW?

20 A. BECAUSE I SAW IT DRIVING OFF AND IT WASN’T THERE

21 WHEN WE LEFT LATER IN THE DAY.

22 Q. WHEN DID IT DRIVE OFF?

23 A. WHEN I WENT BACK DOWN TO THE HOUSE.

24 Q. WITH THE NEWSPAPER?

25 A. YEAH — YES.

26 Q. HOW LONG DID YOU STAY WITH YOUR GRANDPARENTS THAT

27 WEEKEND?

28 A. I STAYED THERE TILL SUNDAY.
4551
1 Q. WAS IT BACK BY THE TIME YOU LEFT ON SUNDAY?

2 A. NO.

3 MR. DUSEK: THANK YOU, HOLLY.

4 THE COURT: ALL RIGHT. JUST A MINUTE. DON’T LEAVE.

5 ALL RIGHT. CROSS-EXAMINATION.

6

7 CROSS-EXAMINATION +

8 BY MR. BOYCE:

9 Q. HI, HOLLY.

10 A. HI.

11 Q. I’M A LAWYER FOR MR. WESTERFIELD. I’M GOING TO ASK

12 YOU A COUPLE QUESTIONS.

13 A. OKAY.

14 Q. WHEN YOU WENT DOWN TO GET THE PAPER THAT MORNING,

15 YOU SAID THAT YOU SAW MR. WESTERFIELD ON ONE SIDE OF THE MOTOR

16 HOME?

17 A. UM-HMM — YES.

18 Q. HE WAS OUTSIDE THE MOTOR HOME?

19 A. YES.

20 Q. AND WHEN HE SAW YOU HE WAVED AT YOU?

21 A. YES.

22 Q. AND YOU WAVED BACK TO HIM?

23 A. YES.

24 Q. DID YOU SEE ANYONE ELSE AROUND THE MOTOR HOME?

25 A. NO.

26 Q. DID YOU SEE ANYONE INSIDE THE MOTOR HOME?

27 A. NO. ALL THE DOORS WERE CLOSED.

28 Q. MR. WESTERFIELD WAS — YOU BELIEVE HE WAS WEARING A
4552
1 WHITE SHIRT THAT DAY?

2 A. YES, HE WAS.

3 Q. AND — A T-SHIRT?

4 A. A T-SHIRT, YEAH.

5 Q. IT WAS A T-SHIRT, THE WHITE SHIRT?

6 A. UM-HMM — YES.

7 Q. AND HE HAD SUNGLASSES ON?

8 A. YES, HE DID.

9 Q. WAS IT CHILLY OUT THAT DAY?

10 A. I DON’T REMEMBER. I DON’T THINK SO.

11 Q. WHEN YOU WENT BACK INSIDE YOU TALKED TO YOUR

12 GRANDPARENTS, IS THAT RIGHT?

13 A. UM-HMM, YES.

14 Q. SOMETIME LATER THAT MORNING YOU LEFT WITH YOUR

15 GRANDPARENTS?

16 A. YES, PROBABLY AROUND 2 O’CLOCK I THINK.

17 Q. YOU LEFT IN THE AFTERNOON?

18 A. YES.

19 Q. DO YOU KNOW WHEN YOU CAME BACK?

20 A. NO, I DON’T REMEMBER WHEN WE CAME BACK.

21 Q. DID YOU COME BACK THAT DAY?

22 A. YES.

23 Q. WAS IT DARK OUT WHEN YOU CAME BACK?

24 A. I DON’T REMEMBER WHAT TIME WE CAME BACK BUT I DO

25 REMEMBER WE CAME BACK BECAUSE I STAYED TILL SUNDAY.

26 Q. DO YOU KNOW HOW LONG YOU WERE GONE ABOUT?

27 A. I STAYED TILL SUNDAY.

28 Q. NO, I’M SORRY. WHEN YOU LEFT?
4553
1 A. OH, THE DAY? THAT DAY? NO, I DON’T — I DON’T

2 REMEMBER.

3 MR. BOYCE: THANK YOU, HOLLY.

4 THE COURT: ANYTHING FURTHER?

5 MR. DUSEK: NO. THANK YOU.

6 THE COURT: OKAY, HOLLY, YOUR TIME WITH US IS DONE.

7 HOWEVER, I HAVE TO REMIND YOU AND YOUR MOM THAT YOU’RE NOT TO

8 DISCUSS THE CASE OR YOUR TESTIMONY UNTIL THIS MATTER’S OVER,

9 OKAY?

10 THE WITNESS: OKAY.

11 THE COURT: THANKS FOR COMING IN.

12 MR. DUSEK: KEITH SHERMAN.

13

14 -KEITH SHERMAN, +

15 PLAINTIFF’S WITNESS, HAVING BEEN SWORN, TESTIFIED AS FOLLOWS:

16

17 THE COURT: PLEASE HAVE A SEAT, SIR.

18 THE CLERK: SIR, PLEASE STATE YOUR NAME AND SPELL IT FOR

19 THE RECORD.

20 THE COURT: STATE YOUR NAME AND SPELL IT FOR THE RECORD.

21 THE WITNESS: KEITH SHERMAN, K-E-I-T-H, S-H-E-R-M-A-N.

22

23 DIRECT EXAMINATION +

24 BY MR. DUSEK:

25 Q. WHERE DO YOU LIVE, SIR?

26 A. 15250 SKY RIDGE ROAD, POWAY, CALIFORNIA.

27 Q. WHAT PART OF POWAY IS THAT IN?

28 A. IT WOULD BE NORTHEAST SIDE, NORTHEAST SIDE.
4554
1 Q. DOES IT HAVE AN AREA THAT IT’S CALLED?

2 A. HIGH VALLEY.

3 Q. HOW LONG HAVE YOU LIVED THERE?

4 A. ABOUT 24 YEARS.

5 Q. WHO DO YOU LIVE WITH?

6 A. MY WIFE MARY, AND ONCE IN A WHILE THE GRANDDAUGHTER

7 COMES OVER.

8 Q. IS THAT YOUR GRANDDAUGHTER WHO JUST LEFT THE

9 COURTROOM?

10 A. YES, IT WAS.

11 Q. HOW MUCH LAND DO YOU HAVE UP THERE, SIR?

12 A. FOUR POINT EIGHTEEN ACRES.

13 Q. DO YOU HAVE ANY RECREATIONAL VEHICLES THERE?

14 A. YES, I DO. I HAVE ONE.

15 Q. WHAT TYPE?

16 A. MOTOR HOME.

17 Q. LET ME DIRECT YOUR ATTENTION TO THE PHOTOGRAPHS

18 BEHIND YOU ON EXHIBIT 48.

19 DO YOU RECOGNIZE WHAT WE HAVE DEPICTED THERE?

20 A. YES, I DO. YES, I DO.

21 Q. PHOTOGRAPH “C”, WHAT IS THAT SHOWING US?

22 A. IT’S — THAT IS SHOWING MY WEST SIDE OF MY HOME

23 WITH MY MOTOR HOME, THE PACE ARROW SITTING ON TOP, THE DRIVEWAY.

24 Q. ALL RIGHT.

25 THE ROOF THERE IS YOUR HOUSE WITH A DRIVEWAY OFF TO

26 THE RIGHT SIDE?

27 A. YES, IT IS.

28 Q. AND THE ROAD THERE IS SKY RIDGE, THE DRIVEWAY —
4555
1 A. YES, YES. WHERE YOU GOT THAT BLOCKED OUT IS JUST

2 TO THE RIGHT OF THAT, UM-HMM.

3 Q. DO YOU HAVE ANY OTHER RECREATIONAL VEHICLES THAT

4 YOU KEEP THERE AT YOUR HOUSE?

5 A. I HAVE ONE BIG FORD PICK-UP THAT SITS IN THE GARAGE

6 ALL THE TIME, THOUGH, UM-HMM.

7 Q. DID YOU COME TO KNOW AN INDIVIDUAL BY THE NAME OF

8 DAVID WESTERFIELD?

9 A. YES.

10 Q. DO YOU SEE HIM IN COURT TODAY?

11 A. YES.

12 Q. WOULD YOU POINT HIM OUT PLEASE AND DESCRIBE WHAT

13 HE’S WEARING TODAY?

14 A. HE IS WEARING A BLACK SUIT AND A TIE AND A WHITE

15 SHIRT.

16 THE COURT: THE RECORD WILL REFLECT IDENTIFICATION.

17

18 BY MR. DUSEK:

19 Q. HOW LONG HAVE YOU KNOWN HIM?

20 A. OH, I GOT TO KNOW DAVID ABOUT 1ST OF NOVEMBER,

21 RIGHT AROUND THERE, MAYBE THE 5TH.

22 Q. OF WHAT YEAR?

23 A. OF 2001.

24 Q. DID YOU STORE HIS PROPERTY ON YOUR PROPERTY?

25 A. YES. I STORED HIS MOTOR HOME THERE.

26 Q. HOW WAS IT THAT YOU CAME TO KNOW MR. WESTERFIELD?

27 A. ONE DAY MY SON-IN-LAW CALLED ME AND ASKED ME IF I

28 HAD A PLACE TO PARK A MOTOR HOME, OR IF I WANTED A MOTOR HOME TO
4556
1 BE PARKED UP THERE, AND I SAID YEAH, I HAVE A PLACE.
2 Q. WERE YOU GOING TO MAKE SOME MONEY OUT OF IT?

3 A. OH, HE OFFERED ME A HUNDRED A MONTH AND SO I

4 THOUGHT WELL, EXTRA HUNDRED A MONTH WOULD HELP.

5 Q. SOUNDED GOOD, DIDN’T IT?

6 A. YEAH.

7 Q. DID YOU GET TOGETHER WITH MR. WESTERFIELD TO WORK

8 OUT THE ARRANGEMENTS?

9 A. YES, I DID.

10 Q. ABOUT WHEN WAS THAT?

11 A. I WANT TO SAY MAYBE AROUND LET’S SEE, THE 5TH MAYBE

12 OF — 1ST — BETWEEN THE 1ST AND THE 5TH OF NOVEMBER OF 2001.

13 Q. DID MR. WESTERFIELD TELL YOU WHY HE NEEDED A PLACE

14 TO STORE HIS MOTOR HOME?

15 A. WE DIDN’T ELABORATE ON IT THAT MUCH OTHER THAN I

16 KIND OF IND — I THINK HE KIND OF INDICATED THAT HE COULDN’T

17 STORE IT AT HIS PLACE BECAUSE OF THE RESTRICTIONS, OR THE LOTS

18 ARE TOO SMALL.

19 Q. DID YOU GUYS WORK OUT AN ARRANGEMENT?

20 A. YES.

21 Q. DID YOU HAVE SOME LITTLE CONTRACT THAT YOU GUYS

22 FORMED?

23 A. YES, WE DID.

24 Q. DID YOU BRING THAT TO COURT WITH YOU TODAY?

25 A. YES, I DID.

26 Q. A COPY FOR ME AND A COPY FOR THE DEFENDANTS?

27 A. YES, UH-HUH.

28 (MARKED FOR ID: = TRIAL EX. 61-STORAGE CONTRACT)
4557
1 Q. I’VE HAD MARKED AS COURT’S EXHIBIT 61 THIS ONE PAGE

2 DOCUMENT. DO YOU RECOGNIZE THAT, MR. SHERMAN.

3 A. YES, I DO. DAVID PUT HIS FIRST CHECK IN THIS — IN

4 AN ENVELOPE WITH THIS LETTER AND PUT IT IN MY DOOR.

5 Q. THE LETTER IS DATED?

6 A. 11/10 OF 2001.

7 Q. AND ONCE THAT WAS DONE WHAT DID HE STORE AT YOUR

8 PLACE?

9 A. HE STORED A 1997 SOUTHWIND 35-FOOT MOTOR HOME.

10 Q. WHERE?

11 A. HE STORED IT — DO YOU WANT ME TO POINT IT OUT?

12 Q. SURE.

13 A. OKAY.

14 Q. YOU’RE REFERRING TO EXHIBIT 48?

15 A. YES. HE STORED IT RIGHT WHERE I’M GOING TO POINT.

16 Q. ALL RIGHT.

17 WHERE YOU’RE POINTING IS ON PHOTOGRAPH “C” IT

18 APPEARS SOMEONE HAS DRAWN IN A BLACK RECTANGLE?

19 A. YES.

20 Q. I’D LIKE TO MAKE SURE WE’RE TALKING ABOUT THE SAME

21 VEHICLE. LET ME SHOW YOU WHAT’S BEEN PREVIOUSLY MARKED AS

22 COURT’S EXHIBIT 49, THIS PHOTO DISPLAY BOARD LABELED AT THE TOP

23 “1997 SOUTHWIND MOTOR HOME, ROMAN NUMERAL ONE.” DO YOU

24 RECOGNIZE THAT?

25 A. YES, I DO.

26 Q. HOW?

27 A. OH —

28 Q. LET ME MAKE IT EASIER.
4558
1 IS THIS MR. WESTERFIELD’S MOTOR HOME?

2 A. YES, IT IS.

3 Q. AND PHOTOGRAPH “A”, DO YOU KNOW WHERE THAT WAS

4 TAKEN?

5 A. WHERE?

6 Q. YES.

7 A. RIGHT HERE.

8 Q. SO THAT’S ON YOUR PROPERTY?

9 A. YES.

10 MR. FELDMAN: I’M SORRY, YOUR HONOR. FOR THE RECORD, WE

11 COULDN’T SEE WHERE THE WITNESS WAS POINTING WHEN HE SAID HERE.

12 THE COURT: HE POINTED TO THE SAME BLACK RECTANGLE ON

13 PHOTOGRAPH “C”.

14 THE WITNESS: THANK YOU.

15 MR. FELDMAN: WE’RE JUST BLOCKED.

16

17 BY MR. DUSEK:

18 Q. DID HE INDICATE WHETHER OR NOT THERE WAS AN ALARM

19 SYSTEM ON THIS MOTOR HOME THAT WOULD GO OFF IF PEOPLE TRIED TO

20 GET INSIDE?

21 A. YEAH. DAVID MENTIONED THAT.

22 Q. WHAT DID HE TELL YOU?

23 A. HE TOLD ME THAT HE HAD A SECURITY SYSTEM IN IT AND

24 IT WAS PRETTY SENSITIVE, AND HE SAID THAT IT WOULD BARK OUT A

25 PRETTY GOOD NOISE — SOUND TO IT WHEN IT WAS TRIPPED.

26 AND I SAID OKAY, THANK YOU, ‘CAUSE I DIDN’T WANT

27 THAT TO BE COMING ON DURING THE NIGHT OR ANYTHING, YOU KNOW,

28 HAVE TO CALL DAVID.
4559
1 SO I TOLD THE KIDS, LIKE MY GRANDKIDS AND STUFF AND

2 ALL PEOPLE THAT CAME OVER TO THE HOUSE THAT HAD KIDS, I SAID DO

3 NOT GO AROUND THAT MOTOR HOME BECAUSE IT MIGHT SEND OFF THE

4 SIGNAL. AND THAT’S WHAT — WE WATCHED IT VERY CLOSE.

5 Q. NOW, SIR, I’D LIKE TO DIRECT YOUR ATTENTION TO THE

6 WEEKEND OF FEBRUARY 1ST. I THINK IT WAS SUPER BOWL WEEKEND OF

7 THIS YEAR?

8 A. YES.

9 Q. WERE YOU AT HOME THAT WEEKEND?

10 A. YES.

11 Q. DID YOU HAVE ANY VISITORS WITH YOU?

12 A. WE HAD OUR GRANDDAUGHTER.

13 Q. ON THAT FRIDAY DO YOU KNOW IF MR. WESTERFIELD’S

14 MOTOR HOME WAS ON YOUR PROPERTY.

15 A. YES, IT WAS.

16 Q. HOW DO YOU KNOW?

17 A. I SAW IT THERE WHEN I COME — I WOULD SEE IT COMING

18 DOWN THE DRIVEWAY.

19 Q. IS THERE ANY WAY YOU CAN GET IN OR OUT OF YOUR

20 HOUSE WITHOUT SEEING HIS MOTOR HOME?

21 A. NO.

22 Q. WHEN WAS THE LAST TIME YOU REMEMBER SEEING IT AT

23 YOUR HOME THAT DAY, THAT FRIDAY?

24 A. THAT FRIDAY? IT WAS THERE SATURDAY MORNING, UP

25 TILL SATURDAY MORNING WHEN DAVID DROVE OFF WITH IT SATURDAY

26 MORNING.

27 Q. NOW LET’S GO OVER TO SATURDAY MORNING. HOW DID YOU

28 BECOME AWARE THAT HE DROVE OFF WITH IT?
4560
1 A. I’D BEEN WANTING TO TALK TO DAVID ABOUT, WHICH HE

2 KNEW, I WANTED TO TALK TO HIM ABOUT MY MOTOR HOME SITTING THERE.

3 IT WAS IN THE WAY OF HIS R. V. TRAILER, YOU KNOW, THAT HE TOWED,

4 AND I WANTED TO TELL HIM TO, YOU KNOW, THAT I WOULD MOVE IT FOR

5 HIM.

6 Q. THIS R. V. TRAILER IS SOMETHING DIFFERENT THAN HIS

7 MOTOR HOME?

8 A. YES.

9 Q. WHAT IS IT?

10 A. IT’S A BIG CUBE TRAILER LIKE THAT HE STORED HIS R.

11 V.S IN — NOT R. V.S BUT HIS SAND BUGGIES.

12 Q. WAS THAT PART OF THE ORIGINAL ARRANGEMENT THAT YOU

13 HAD MADE WITH HIM?

14 A. NOT REALLY, BUT — HE KIND OF SURPRISED ME WITH

15 THAT BUT I LET HIM PARK IT THERE ANYWAY.

16 Q. WHERE DID HE PARK THAT?

17 A. HE PARKED THAT RIGHT HERE.

18 Q. ALL RIGHT. YOU’RE INDICATING AGAIN ON 48C.. LET

19 ME GIVE YOU A RED PEN, A RED FELT PEN. I WANT YOU TO MOVE TO

20 THAT PHOTOGRAPH AND PUT AN “X” TO THE LOCATION WHERE THE TRAILER

21 WAS PARKED.

22 A. UM-HMM. JUST AHEAD OF THESE ROCKS RIGHT HERE.

23 RIGHT ABOUT HERE.

24 Q. THANK YOU, SIR.

25 A. UM-HMM.

26 Q. LET ME SHOW YOU WHAT WE HAVE PREVIOUSLY MARKED AS

27 COURT’S EXHIBIT 52, PHOTO DISPLAY BOARD LABELED AT THE TOP

28 “UTILITY TRAILER.” DO YOU RECOGNIZE WHAT WE HAVE DEPICTED
4561
1 THERE?

2 A. YES, THE TRAILER. I NEVER DID SEE INSIDE HIS —

3 INSIDE THE TRAILER. I DIDN’T KNOW WHAT HE HAD IN THERE. THAT

4 WAS DAVID’S BUSINESS. AND I DON’T PRY INTO ANYBODY’S BUSINESS,

5 BUT I DO KNOW THAT TRAILER WAS HIS.

6 Q. SO IF I UNDERSTAND RIGHT, YOU HAD WANTED TO SPEAK

7 WITH HIM ABOUT THAT TRAILER FOR SOME REASON?

8 A. YES. ‘CAUSE I PARKED MY MOMENT HOME KIND OF ON THE

9 SIDE OF — NOT THE SIDE BUT — I MEAN, KIND OF IN FRONT AND A

10 LITTLE BIT TO THE SIDE OUT IN ASPHALT, AND IT WOULD BE EASIER

11 FOR DAVID TO GET IT OUT OF THERE WITH ME MOVING THE MOTOR HOME

12 AND PUTTING IT UP WHERE IT’S SITTING THERE, MINE, WHERE IT’S

13 SITTING. SO — BUT I CALLED DAVID AND HE NEVER GOT BACK WITH ME

14 ON THE PHONE, SO THAT’S WHY I WAS KIND OF LOOKING FOR HIM TO

15 TALK TO HIM ABOUT IT, MAKE SURE THAT HE GOT MY CALL.

16 Q. ALL RIGHT.

17 ON SATURDAY MORNING DID YOU SEE ANYTHING WITH

18 REGARD TO HIS MOTOR HOME?

19 A. YES. IT WAS THERE SATURDAY MORNING.

20 Q. HOW DO YOU KNOW?

21 A. I SAW IT.

22 Q. HOW?

23 A. WELL, I CAN SEE IT RIGHT OUT THE KITCHEN WINDOW,

24 AND I HEARD A COUPLE OF VOICES UP, LIKE UP IN THE DRIVEWAY, AND

25 I HAD BEEN WANTING TO TALK TO DAVID ABOUT THE TRAILER, THE

26 LITTLE WHITE TRAILER, BUT WASN’T ABLE TO GET AHOLD OF HIM. SO I

27 WANTED TO CATCH HIM THAT MORNING, IF I COULD. BUT HE GOT INTO

28 THE MOBILE — MOTORHOME AND TOOK OFF.
4562
1 Q. WAS YOUR GRANDDAUGHTER THERE THAT WEEKEND?

2 A. YES.

3 Q. DO YOU KNOW IF SHE ALERTED YOU AT ALL ABOUT

4 ANYTHING?

5 A. NO. SHE DIDN’T ALERT ME, OTHER THAN I THINK I

6 ASKED HER DID I HEAR VOICES OR SOMETHING? YEAH, SHE SAID. I

7 SAID HI TO DAVID.

8 Q. DO YOU KNOW IF SHE HAD HAD CONTACT WITH THE

9 DEFENDANT?

10 A. JUST — HE SAID HI TO HER I THINK SHE SAID AND

11 SHE — AND HOLLY SAID HI BACK.

12 Q. WHAT WAS YOUR GRANDDAUGHTER DOING?

13 A. SHE WAS UP GETTING THE PAPER, THE MORNING PAPER.

14 Q. SO AFTER SHE CAME BACK SHE TOLD YOU ABOUT THAT?

15 A. YES. THEN I HEARD HIM, TOO, SO THEN JUST WITH THAT

16 TIME THE MOTOR HOME STARTED TO PULL OUT.

17 Q. WERE YOU ABLE TO MAKE CONTACT WITH MR. WESTERFIELD

18 THAT — EARLY THAT MORNING?

19 A. NO.

20 Q. WHY NOT?

21 A. ‘CAUSE THE MOTOR HOME LEFT AND I WASN’T ABLE TO

22 CATCH HIM, ‘CAUSE, YOU KNOW, IT’S STEEP FROM WHERE HE WAS WAY

23 DOWN TO WHERE I WAS, AND HE COULDN’T SEE ME ANYWAY FROM WHERE HE

24 WAS DRIVING FROM.

25 Q. DO YOU HAVE WATER SUPPLY FOR MOTOR HOMES AT YOUR

26 PLACE?

27 A. YES, I DO. BUT HE NEVER ASKED ME FOR ANY WATER.

28 IF HE WOULD HAVE I WOULD HAVE LET HIM HAVE WATER.
4563
1 Q. ABOUT WHAT TIME WAS IT THAT YOU SAW THE MOTOR HOME

2 LEAVE?

3 A. RIGHT AROUND I THINK ABOUT 9:30.

4 Q. 9:30 YOU THINK?

5 A. UM-HMM, SOMEWHERE IN THAT PROXIMITY, WITHIN 15, 20

6 MINUTES.

7 Q. HOW LONG WAS IT AFTER YOUR GRANDDAUGHTER HAD COME

8 BACK TO YOUR HOUSE?

9 A. WELL, I’D SAY FROM THE TIME SHE GOT BACK TO THE

10 FRONT DOOR I’D SAY THE MOTOR HOME WAS GONE WITHIN TWO, THREE,

11 FOUR, FIVE MINUTES.

12 Q. WHEN WAS THE NEXT TIME YOU SAW IT?

13 A. THEN I SAW DAVID ON MONDAY MORNING. YOU WANT THE

14 TIME?

15 Q. WE’LL GET TO THAT.

16 A. OKAY.

17 Q. THE NEXT TIME YOU SAW HIM WAS HE WITH THE MOTOR

18 HOME?

19 A. YES.

20 Q. HOW ABOUT THE REST OF SATURDAY, DID YOU SEE THE

21 MOTOR HOME THERE?

22 A. NO.

23 Q. DESCRIBE YOUR COMINGS AND GOINGS FROM THE HOUSE ON

24 SATURDAY.

25 A. WE WENT DOWNTOWN, OH, PROBABLY 1 O’CLOCK, 1:30.

26 I’D SAY DOWN INTO POWAY, CAME BACK, 7:00, 8 O’CLOCK PROBABLY

27 THAT EVENING, 6 O’CLOCK MAYBE. I CAN’T RECOLLECT THE TIME TOO

28 WELL, THERE. SUNDAY, THE SAME THING ABOUT THE SAME TIME.
4564
1 Q. SO YOU WERE COMING AND GOING ON SUNDAY ALSO?

2 A. YEAH.

3 Q. YOU NEVER SAW THE MOTOR HOME ON SATURDAY?

4 A. NO.

5 Q. AFTER IT LEFT?

6 A. NO.

7 Q. AND ON SUNDAY YOU NEVER SAW IT AFTER — ALL DAY

8 LONG?

9 A. NO.

10 Q. HOW WAS IT THAT YOU SAW IT ON MONDAY?

11 A. WELL, LIKE I SAID, I WAS WAITING TO TALK TO DAVID

12 AND SO I KIND OF REALLY WANTED TO CATCH HIM ON THE SITUATION I

13 WANTED TO TALK TO HIM ABOUT. AND I SAW THE MOTOR HOME GO EAST

14 ON SKY RIDGE, AND HE WENT DOWN TO MY NEIGHBOR’S ALWAYS TO TURN

15 AROUND, ‘CAUSE IT’S A LONG MOTOR HOME, GO DOWN THERE. HE HAD

16 WAY MORE ROOM TO TURN AROUND AND COME BACK AND HEAD INTO THE

17 SPOT HERE. HE ALWAYS HEADED IN.

18 Q. SO USING EXHIBIT 48 PHOTOGRAPH “C”, IF WE USE THAT

19 ROAD THERE, THAT WOULD BE DRIVING ON PAST YOUR HOUSE TO THE

20 UPPER RIGHT-HAND CORNER?

21 A. YES, YES. HE DROVE ON PAST DOWN THAT WAY.

22 Q. OFF TO THE RIGHT-HAND CORNER OF THE PHOTOGRAPH?

23 A. YES. DOWN TO GLENN SEEBRAUGH’ HOUSE AND TURNED

24 AROUND THERE ‘CAUSE THERE WAS A BIG WIDE AREA TO TURN THERE. SO

25 HE TURNED AROUND, COME BACK AND HEAD IT RIGHT ON HERE. HE HAD

26 PULLED THE FRONT END UP JUST ABOUT WHERE THAT BRUSH — BUSH IS

27 THERE, JUST ABOUT WHERE THAT BUSH IS.

28 Q. INDICATING ON PHOTOGRAPH “C” INDICATING WHERE THE
4565
1 BLACK —

2 A. YES, UH-HUH.

3 Q. — RECTANGULAR — WE BOTH CAN’T TALK AT THE SAME

4 TIME?

5 A. OKAY, SIR.

6 Q. THIS LADY’S LIABLE TO SHOOT YOU.

7 A. OKAY.

8 Q. OR ME.

9 A. OKAY.

10 Q. ABOUT WHAT TIME DID YOU SEE HIM BRING IT BACK?

11 A. HE, DAVID, BROUGHT IT BACK ABOUT 7:30, SOMEWHERE IN

12 THERE. RIGHT AROUND 7:30, MONDAY MORNING.

13 Q. HAD HE LEFT ANY VEHICLES AT YOUR PLACE?

14 A. YES, HE DID.

15 Q. WHAT?

16 A. HE LEFT A 4 RUNNER THAT HE HAS.

17 Q. LET ME SHOW YOU WHAT’S BEEN PREVIOUSLY MARKED AS

18 COURT’S EXHIBIT 48, LABELED AT THE TOP 2001 TOYOTA 4 RUNNER.

19 DO YOU RECOGNIZE THAT VEHICLE?

20 A. YES.

21 Q. DOES THAT APPEAR TO BE MR. WESTERFIELD’S VEHICLE.

22 A. YES, APPEARS TO BE.

23 Q. WHERE DID HE LEAVE THE VEHICLE WHEN HE LEFT IN HIS

24 MOTOR HOME ON SATURDAY?

25 A. WANT ME TO POINT IT OUT?

26 Q. OH, YEAH.

27 A. ALL RIGHTEE. HE PARKED IT RIGHT BY THAT BUSH.

28 Q. WHY DON’T YOU TAKE YOUR GREEN — I’M SORRY, TAKE
4566
1 THAT RED FELT PEN AGAIN —

2 A. OKAY.

3 Q. — AND PUT A “C” FOR CAR —

4 A. OKAY.

5 Q. — AT THAT BUSH —

6 A. OKAY.

7 Q. — ON PHOTOGRAPH “C”.

8 A. (WITNESS COMPLYING.)

9 Q. YOU’VE DONE THAT. THANK YOU, SIR.

10 A. YEAH. THAT’S IT.

11 MR. DUSEK: I DON’T THINK I CAN FINISH WITHIN A COUPLE

12 MINUTES.

13 THE COURT: THAT’S FINE. WE’LL GO AHEAD AND TAKE THE

14 LUNCH BREAK.

15 LADIES AND GENTLEMEN, BETWEEN JUROR 14’S EXPERIENCE

16 WITH TELEVISIONS OVER THE NOON HOUR, AND NOW A QUESTION FROM

17 JUROR 18, LET ME JUST SAY THAT I UNDERSTAND HOW DIFFICULT IT IS

18 SOMETIMES TO AVOID THE TELEVISION.

19 JUROR 18, WE’VE CONTACTED THE JURY COMMISSIONER’S

20 OFFICE AND BECAUSE OF THE KEENE INTEREST OF OTHER JURORS, THE

21 TELEVISIONS IN THE JURY ROOM WILL REMAIN ON. HOWEVER, THE JURY

22 COMMISSIONER HAS AGREED TO MAKE THE OVERFLOW JURORS’ LOUNGE

23 AVAILABLE, WHICH HAS NO TELEVISION. AND THAT’S A ROOM THAT IS,

24 AS YOU’RE GOING TO THE JURY LOUNGE, YOU TAKE A LEFT TURN AND

25 YOU’LL SEE AN OVERFLOW ROOM. SO FOR ANY OF YOU THAT WOULD LIKE

26 TO GET LUNCH AT THE FOOD COURT BUT YOU DON’T WANT TO BE EXPOSED

27 TO ALL OF THE NOONTIME TELEVISION COVERAGE, THE OVERFLOW JURY

28 ROOM WILL BE AVAILABLE FOR YOU. AND AS JUROR 14 FOUND OUT,
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1 APPARENTLY WE EVEN HAVE TELEVISIONS IN POST OFFICES NOW. SO

2 YOU’RE JUST GOING TO HAVE TO DO THE BEST YOU CAN TO AVOID THE

3 NOONTIME SYNOPSIS.

4 SO PLEASE REMEMBER THE ADMONITION OF THE COURT NOT

5 TO DISCUSS ANY OF THE EVIDENCE OR TESTIMONY AMONG YOURSELVES OR

6 WITH ANY OTHER PERSONS, NOR FORMULATE OR EXPRESS ANY OPINIONS ON

7 THE MATTER UNTIL IT IS SUBMITTED TO YOU FOR DECISION.

8 HAVE A PLEASANT LUNCH. WE’LL SEE YOU ALL BACK AT

9 1:30. HALF PAST 1:00.

10 ALL RIGHT. WE’RE IN RECESS.

11 (AT 12:00 P.M. THE NOON RECESS WAS
TAKEN UNTIL 1:30 P.M. OF THE SAME DAY.)
12

13 –O0O–

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22 - Day 6- June 12th 2002 - Transcript criminal trial David Westerfield
20 - Day 6- June 12th 2002 - Transcript criminal trial David Westerfield