DAY 6 – SAN DIEGO, CALIFORNIA, WEDNESDAY, JUNE 12, 2002, 1:35 P.M. (afternoon 1)
WITNESSES:
Keith Sherman (stored Westerfield’s motor home),
Sandra J. Delong (teacher, Keith Sherman’s neighbor),
Alick Lau (Westerfield’s neighbor),
Barbara Crum (Westerfield’s neighbor),
Martin Franklin (Westerfield’s neighbor)
–O0O–
THE COURT: OKAY. WELCOME BACK, LADIES AND GENTLEMEN. I DON’T WANT TO GET YOUR HOPES UP, BUT THE PADS. ARE WINNING, TWO NOTHING, BOTTOM OF THE FOURTH. SO HOLD ON.
JURORS 12 AND 18, I OWE YOU BOTH AN APOLOGY. THE TELEVISION IN THE JURY LOUNGE WAS REALLY A QUESTION FROM JUROR 12. I WONDERED WHY JUROR 18 WAS LOOKING AT ME SO PUZZLING WHEN I WAS TALKING ABOUT THAT. I WAS WORKING BACK AND FORTH WITH MY CLERK, AND I FORGOT THE RIGHT NUMBER. SO, ANYWAY, I HOPE EVERYTHING WENT WELL IN THE JURY LOUNGE OR THE ANTERIOR ROOM THERE.
OKAY, MR. DUSEK, LET’S GET YOUR WITNESS BACK. OH, THERE HE IS.
MR. SHERMAN, IF YOU WOULD KINDLY COME FORWARD AND RESUME THE WITNESS CHAIR.
THE WITNESS: YEP.
KEITH SHERMAN, RESUMED
DIRECT EXAMINATION, CONTINUED
BY MR. DUSEK:
Q. MR. SHERMAN, —
A. YES.
Q. — ABOUT WHAT TIME WAS IT THAT HOLLY WENT OUT TO GET THE NEWSPAPER?
A. IT WAS CLOSE TO 9:30 IN THE MORNING, THE SATURDAY MORNING.
Q. YOU TOLD US THAT BEFORE THE LUNCH BREAK, DIDN’T YOU?
A. YES.
Q. AND I ASKED YOU TO REVIEW —
A. YES, YOU DID.
Q. — YOUR REPORT.
A. AND YOU TOLD ME THAT IT LOOKS LIKE 8:00 O’CLOCK IN THERE SOMEWHERE, BUT IT WASN’T THAT EARLY.
Q. DID YOU GET A CHANCE TO READ THE REPORT?
A. YES, I DID.
Q. AND THAT APPEARS TO BE A STATEMENT FROM YOU AT LEAST ON THE REPORT.
A. YES. I’M GOING TO STICK WITH MY 9:30.
Q. ALL RIGHT.
A. M-HM.
Q. DID YOU SEE IN THE REPORT WHERE IT HAS YOU QUOTED AS BEING 8:00 O’CLOCK WHEN SHE WENT OUT TO GET THE NEWSPAPER?
A. YES.
Q. RIGHT NOW YOUR MEMORY IS 9:30?
A. YEAH. YES. I DON’T KNOW HOW THAT GOT — 8:00 O’CLOCK GOT IN THERE, ‘CAUSE IT WAS JUST CLOSER TO 9:30. NOW, IT COULD BE 9:15, BUT RIGHT IN THAT APPROXIMATION. BECAUSE I WASN’T WATCHING MY CLOCK.
Q. DO YOU REMEMBER WHAT SHE WORE WHEN SHE WENT OUT TO GET THE PAPER, UP TO GET THE PAPER?
A. I THINK SHE HAD SOME TIGHTS. I THINK SHE HAD TIGHTS ON LIKE, YOU KNOW.
Q. DO YOU REMEMBER IF SHE WAS STILL IN HER PAJAMAS
A. OH, I THINK THAT COULD BE SOMETHING LIKE THAT. OKAY. PAJAMAS, TIGHTS LIKE, THINGS LIKE THAT, YOU KNOW, THAT KIND OF WEAR.
Q. ALL RIGHT.
WHEN MR. WESTERFIELD LEFT THAT SATURDAY IN HIS MOTOR HOME, —
A. M-HM.
Q. — DO YOU KNOW HOW HE GOT TO YOUR PROPERTY?
A. HE CAME IN HIS 4RUNNER.
Q. HOW DO YOU KNOW?
A. I SAW IT UP ON TOP PARKED. I DIDN’T SEE HIM GET OUT OF IT. I SAW DAVID — I MEAN I KNEW IT WAS DAVID’S 4RUNNER. AND USUALLY HIS SON CAME WITH HIM ON DIFFERENT OCCASIONS, AND THEY TOOK THE 4RUNNER AND THE MOTOR HOME TOGETHER.
Q. WHAT DO YOU MEAN USUALLY?
A. WELL, WHEN THEY WOULD COME UP, YOU KNOW, HIS NORMAL, HIS NORMAL STYLE WAS TO TAKE THE MOTOR HOME AND THE 4RUNNER.
Q. SO ORDINARILY —
A. WHEN HE WOULD COME WITH HIS SON.
Q. WERE THERE EVER ANY TIMES WHEN HE CAME BY HIMSELF AND LEFT THE VEHICLE AT YOUR PROPERTY EXCEPT THIS TIME?
MR. BOYCE: OBJECTION. IF HE KNOWS.
THE COURT: IF IT’S WITHIN YOUR PERSONAL KNOWLEDGE, YOU MAY ANSWER.
THE WITNESS: I NEVER SAW DAVID COME UP BY HIMSELF TO LEAVE THE — TO LEAVE THE 4RUNNER THERE AND TAKE THE MOTOR HOME.
BY MR. DUSEK:
Q. SO THIS WAS THE ONLY TIME THAT EVER HAPPENED?
A. RIGHT.
Q. AND ON THE TIMES THAT HE WOULD TAKE THE MOTOR HOME, WOULD HE TAKE ANY OF HIS — THE SAND TRAILER?
A. YES. SOMETIMES. IN FACT, QUITE A FEW TIMES THAT HE TOOK THAT SAND TRAILER. WHICH I GUESS HE PULLED IT OUT WITH THE 4RUNNER AND THEN HOOKED UP TO THE MOTOR HOME BECAUSE IT’S TIGHT IN THERE, VERY TIGHT.
Q. HE DIDN’T TAKE THE SAND TRAILER THIS TIME, DID HE?
A. NO, HE DID NOT.
Q. NOW I WOULD LIKE TO MOVE FORWARD TO THE DAY THAT THE MOTOR HOME WAS BROUGHT BACK TO YOUR PROPERTY.
A. YES.
Q. DID YOU HAVE ANY CONVERSATION WHEN HE FIRST BROUGHT THE MOTOR HOME BACK IN THE MORNING?
A. YES, I DID.
Q. ABOUT WHAT TIME WAS THAT?
A. I WOULD SAY RIGHT AROUND 7:30 IN THE MORNING.
Q. HOW DID YOU KNOW HE WAS BACK ON YOUR PROPERTY?
A. I SAW THE MOTOR HOME GO PAST THE WINDOW, YOU KNOW, ON SKYRIDGE.
Q. AND YOU DESCRIBED —
A. HEADING EAST. TO TURN AROUND AND COME BACK.
Q. AND AFTER HE DID THAT, HOW WAS IT THAT YOU HAD CONVERSATION WITH HIM?
A. I WENT OUTSIDE BECAUSE I WANTED TO TALK TO HIM ABOUT, LIKE I TOLD YOU, ABOUT MOVING THAT, MY MOTOR HOME. THAT WAS MY MAIN OBJECTIVE TO TALK TO HIM.
Q. HOW MANY TIMES DID YOU SEE MR. WESTERFIELD, WOULD YOU ESTIMATE, BEFORE THAT DAY?
A. BEFORE THAT DATE? WHEW.
Q. JUST BALLPARK.
A. SIX, EIGHT TIMES PROBABLY.
Q. AND HOW DID HE GENERALLY APPEAR ON THOSE OCCASIONS?
A. VERY NICE. NEAT.
Q. WHAT DO YOU MEAN BY NEAT?
A. WELL, NICE CLOTHES, KIND OF SHIRTS, I THINK HE WORE A LOT OF THESE KIND OF SHIRTS HERE.
Q. LOOKS LIKE A GOLF SHIRT YOU HAVE ON.
A. YEAH. M-HM. KIND OF LIKE THAT. AND JUST REGULAR SLACKS LIKE JEANS, UPGRADED JEANS, YOU KNOW, THE DARK AND THE LIGHT HOW THEY ARE.
Q. HOW ABOUT HIS HAIR, THAT TYPE OF THING?
A. MOST OF THE TIME HE WORE A CAP.
Q. ON THIS OCCASION WHEN HE BROUGHT THE MOTOR HOME BACK, HOW DID HE APPEAR?
A. HE APPEARED, YOU KNOW, LIKE HE CAME IN OFF THE TRIP, YOU KNOW, WHERE YOU’RE KIND OF NOT RIGHT UP TO PAR, YOU KNOW.
Q. WHAT DO YOU MEAN BY THAT? TELL US WHAT YOU SAW.
A. WELL, YOU KNOW, NOT– WHAT I’M SAYING BY THAT IS HE DIDN’T JUST COME OUT OF THE SHOWER, THAT’S FOR SURE, YOU KNOW, HIS CLOTHES WERE, YOU KNOW, LIKE HE’D BEEN CAMPED OUT, YOU KNOW.
Q. HOW ABOUT HIS HAIR AND HIS DEMEANOR, HIS MANNER?
A. HE DIDN’T HAVE A BASEBALL CAP ON THAT MORNING. AND I TALKED TO HIM. I STOOD ON THE ROCK SO HE COULD SEE ME REAL EASY OUT IN FRONT OF MY HOUSE. AND I JUST ASKED HIM WHERE HE HAD BEEN. HE SAID THE DESERT. I SAID DID YOU GET MY MEETING — MY PHONE CALL. HE SAID HE HAD. HE HAD GOT IT.
Q. HOW ABOUT HIS MANNER, HIS PERSONALITY THAT DAY; DID IT SEEM ANY DIFFERENT?
A. NO, HE DIDN’T. HE DID NOT. HE SEEMED KIND OF, YOU KNOW, MAYBE JUST A LITTLE TIRED MAYBE, OR HE SEEMED FINE.
Q. HOW LONG DID HE REMAIN ON THE PROPERTY AFTER HE BROUGHT THE MOTOR HOME BACK?
A. NOT TOO LONG.
Q. WHICH MEANS?
A. TEN, FIFTEEN MINUTES, MAYBE, MAX.
Q. AND HOW DID HE LEAVE THE PROPERTY, DO YOU KNOW?
A. HE LEFT WITH THAT 4RUNNER.
Q. AT ABOUT WHAT TIME? ARE YOU ABLE TO ESTIMATE?
A. WELL, HE GOT THERE AT 7:30 LIKE I SAID. PROBABLY QUARTER TO 8:00 HE PULLED OUT OF THERE.
Q. DO YOU RECALL BEING ASKED BY LAW ENFORCEMENT HOW MR. WESTERFIELD APPEARED THAT DAY THAT HE BROUGHT THE MOTOR HOME BACK?
A. HOW DID THEY THINK HE LOOKED?
Q. THEY DIDN’T SEE HIM, DID THEY?
A. NO.
Q. DIDN’T THEY ASK YOU HOW HE APPEARED?
A. YES, THEY DID. UH-HUH. LAW ENFORCEMENT.
Q. DO YOU RECALL WHAT YOU TOLD THEM?
A. WELL, KIND OF, YOU KNOW, WHEN YOU CAMPING, YOU KNOW, I’VE CAMPED AND MAYBE EVERYBODY IN THIS ROOM HAS, YOU KIND OF COME IN NOT TOO TIDY, YOU KNOW.
Q. DID YOU USE THE WORD RAGGED?
A. I MAY HAVE. BUT NOT RAGGED RAGGED PER SE, BUT, YOU KNOW, OUR CLOTHES ARE A LITTLE BIT DISARRANGED, YOU KNOW WHAT I’M SAYING, NOT —
Q. WHAT WAS HE WEARING, IF YOU CAN REMEMBER? IF YOU CAN’T, FINE.
A. IT’S REALLY HARD FOR ME TO REMEMBER THAT, ‘CAUSE I WAS — I PUT FULL TIME ON TALKING TO HIM. I DIDN’T REALLY PAY ATTENTION TO WHAT HE HAD ON CLOTHES.
Q. I WON’T ASK YOU THAT, THEN.
DID YOU SEE HIM LATER THAT DAY?
A. YES.
Q. ABOUT WHAT TIME?
A. WHAT?
Q. ABOUT WHAT TIME?
A. ABOUT 1:30.
Q. HOW WAS IT THAT YOU SAW HIM AT 1:30 THAT MONDAY?
A. WELL, WE WERE LEAVING TO GO DOWNTOWN, AND WE CAME OUT OF THE HOUSE, AND I WAS GOING TO LOCK THE DOOR IN THE HOUSE. I DID. AND MY WIFE WAS OUT IN FRONT WALKING DOWN. AS I TURNED FROM LOCKING THE DOOR, I LOOKED UP, AND I SAW THE MOTOR HOME DOOR OPEN. I SAID, OH, MAN. DAVID LEFT THE DOOR OPEN. I SAID, OH, MAN, I BETTER GO BACK IN AND CALL. JUST ABOUT THAT TIME HE SAID, NO, I’M HERE. HE SAID I’M HERE, HE SAYS. OH. OH. WHICH WAS, YOU KNOW, KIND OF DIFFERENT. AND HE WAS THERE. AND HE SAID THAT HE HAD LOST HIS CELL. PHONE. AND I SAID, OH, OKAY. SO I JUST NEVER BOTHERED TO GO BACK IN THE HOUSE AND LEFT THE DOOR LOCKED AND WENT DOWN AND GOT IN THE CAR AND LEFT.
Q. DID YOU SEE IF HE TOOK ANYTHING FROM HIS MOTOR HOME?
A. NO, I DID NOT.
Q. DID HE SAY ANYTHING ABOUT LAUNDRY?
A. NO.
Q. DID YOU GET A CHANCE TO READ YOUR REPORT?
A. YES.
Q. DID YOU SEE ANYTHING IN THERE ABOUT HIM TAKING LAUNDRY?
A. THAT I HAD SAID TO THE POLICE?
Q. YES.
A. YOU KNOW, YOU DIDN’T ASK ME ABOUT THAT, TO LOOK AT THAT, OKAY, NOW, THE SECOND TIME. SO I CAN’T SAY THAT I KNOW THAT. OKAY.
Q. DIDN’T WE ASK YOU TO READ THE WHOLE REPORT?
A. NO. YOU JUST SAID THAT ONE ITEM. YEAH.
Q. DIDN’T WE GIVE YOU THE REPORT THIS MORNING?
A. YES. OH, I READ IT THEN, YES.
Q. OKAY.
A. YES.
Q. DO YOU REMEMBER ANYTHING IN THERE ABOUT LAUNDRY?
A. NO. IF YOU WANT TO RE-ENTER IT TO ME, IF YOU WANT, OR I CAN LOOK AT MINE, IF YOU WANT ME TO.
Q. WAS YOUR RESIDENCE EVER SEARCHED, SIR?
A. YES, IT WAS.
Q. WHEN WAS THAT?
A. MONDAY NIGHT.
Q. BY?
A. THREE DETECTIVES.
Q. DO YOU KNOW IF THEY HAD ANY DOGS WITH THEM WHEN THEY SEARCHED?
A. NO DOGS THEN. BUT DOGS COME IN LATER. DOGS NEVER COME IN THE HOUSE.
Q. DID THEY TELL YOU WHAT THEY WERE LOOKING FOR?
A. YES.
Q. WHAT?
A. THE LITTLE GIRL.
Q. AND YOU LET THEM SEARCH?
A. YES.
MR. BOYCE: OBJECTION. RELEVANCE.
THE COURT: OVERRULED.
MR. DUSEK: THANK YOU, SIR.
THE COURT: ALL RIGHT.
CROSS-EXAMINATION.
THE WITNESS: YOU’RE WELCOME.
CROSS-EXAMINATION
BY MR. BOYCE:
Q. GOOD AFTERNOON, MR. SHERMAN.
A. HELLO.
Q. YOU FIRST MADE THIS ARRANGEMENT TO RENT SPACE TO MR. WESTERFIELD IN THE EARLY PART OF NOVEMBER OF 2001, IS THAT RIGHT?
A. THE LAST PART? REPEAT.
Q. IN THE EARLY PART OF NOVEMBER OF 2001.
A. RIGHT.
Q. YOU HAD PRIOR TO FEBRUARY 1ST, YOU HAD SEEN MR. WESTERFIELD GO AND LEAVE THE AREA OF HIS MOTOR HOME ABOUT SIX TIMES, IS THAT RIGHT?
A. SOMETHING LIKE THAT, MAYBE. M-HM.
Q. THE MOST RECENT TIME THAT YOU HAD SEEN MR. WESTERFIELD MOVE HIS MOTOR HOME PRIOR TO FEBRUARY 1ST WAS ABOUT A MONTH BEFORE, IS THAT RIGHT?
A. PROBABLY SO. RIGHT AROUND THERE, M-HM. M-HM. I THINK HE LEFT AROUND CHRISTMASTIME MAYBE FOR A LITTLE BIT, I BELIEVE, RIGHT IN THERE. MAYBE NEW YEAR’S.
Q. FOR A THREE-DAY WEEKEND I BELIEVE YOU SAID WAS ONE OF THE TIMES.
A. OH. YES, HE DID LEAVE ON A COUPLE OF THOSE I BELIEVE.
Q. AND LIKELY THERE WERE OTHER DATES THAT HE MOVED HIS MOTOR HOME OTHER THAN THE SIX TIMES THAT YOU SAW HIM.
A. YES.
Q. BECAUSE YOU COULD NOT ALWAYS OBSERVE HIS MOTOR HOME.
MR. DUSEK: OBJECTION. SPECULATION IF HE DIDN’T SEE HIM.
THE COURT: OVERRULED.
YOU MAY ANSWER.
THE WITNESS: LIKE I SAID BEFORE, THAT OUR HOUSE IS SITTING QUITE A WAYS FROM WHERE THE MOTOR HOME WAS PARKED. PLUS IT HAS DUAL-GLAZED WINDOWS IN THE FRONT. IT’S HARD TO HEAR. SO I NEVER DID HEAR DAVID START THE MOTOR HOME UP ANY ONE TIME.
BY MR. BOYCE:
Q. AND HE WAS — GO AHEAD. I’M SORRY.
A. SO I CAN’T REALLY TELL YOU. HE COULD HAVE — WE ALWAYS WENT OUT OF THE HOUSE EVERY DAY, SO I WOULD HAVE NOTICED HIS MOTOR HOME WAS GONE MORE THAN ABOUT SIX OR EIGHT TIMES.
Q. YOU NEVER KEPT A LOG OF WHEN THE MOTOR HOME WAS THERE.
A. NO.
Q. HE WAS FREE TO COME AND GO —
A. YES.
Q. — AS HE PLEASED.
A. YEAH.
Q. TRY TO WAIT ‘TIL I ASK THE QUESTION BECAUSE THIS GENTLEMAN CAN’T WRITE DOWN YOUR ANSWER AND MY QUESTION AT THE SAME TIME.
A. I’LL TRY.
Q. GOT TO WAIT.
A. OKAY.
Q. YOU TOLD US THAT THIS WEEKEND WHEN YOU SAW MR. WESTERFIELD MOVE HIS MOTOR HOME ON FEBRUARY 1ST THAT HE LEFT HIS S.U.V. THERE OR HIS 4RUNNER. IS THAT RIGHT?
A. YES.
Q. YOU HAD NEVER SEEN HIM LEAVE HIS 4RUNNER THERE BEFORE.
A. NO.
Q. AND ON THE OTHER OCCASIONS, MR. WESTERFIELD, THAT YOU HAD SEEN HIM MOVE HIS MOTOR HOME AT LEAST, HAD COME WITH ANOTHER PERSON.
A. M-HM. YES.
Q. THIS OTHER PERSON, WHO WAS THAT?
A. HIS SON NEAL.
Q. HOW DID YOU KNOW IT WAS HIS SON?
A. HE INTRODUCED ME TO HIM WHEN HE FIRST CAME UP THERE TO BRING THE MOTOR HOME. VERY NICE BOY.
Q. AND WHEN HE WOULD BRING HIS SON NEAL, NEAL WOULD DRIVE THE — NEAL WOULD DRIVE THE 4RUNNER AWAY, MR. WESTERFIELD —
A. YES.
Q. GOT TO WAIT.
— MR. WESTERFIELD WOULD DRIVE THE MOTOR HOME AWAY. IS THAT RIGHT?
A. YES.
Q. ON FEBRUARY 1ST YOU DIDN’T SEE NEAL THAT DAY, DID YOU?
A. NO.
Q. ON THESE OTHER OCCASIONS WHEN YOU’VE SEEN MR. WESTERFIELD MOVE THE MOTOR HOME, THE SIX OR EIGHT OTHER TIMES, DID YOU SEE OTHER PEOPLE BESIDES NEAL WITH MR. WESTERFIELD?
A. NO.
Q. AND OTHER THAN THE THREE MONTHS THAT MR. WESTERFIELD PARKED HIS MOTOR HOME ON YOUR PROPERTY, YOU WEREN’T FAMILIAR WITH WHETHER HIS HABITS REGARDING TAKING THE MOTOR HOME OR WHO HE WOULD HAVE WITH HIM WHEN HE TOOK THE MOTOR HOME.
A. YOU MEAN BEFORE HE STARTED PARKING AT OUR HOUSE?
Q. YES.
A. NO.
Q. YOU DON’T KNOW WHERE HE PARKED THE MOTOR HOME BEFORE THAT.
A. NO, I SURE DIDN’T.
Q. THE FRIDAY NIGHT BEFORE YOU SAW MR. WESTERFIELD MOVE HIS MOTOR HOME, DID YOU SEE THE MOTOR HOME THERE PARKED AT YOUR PLACE?
A. WELL, NEVER MOVED IT UNTIL SATURDAY MORNING.
Q. WELL, THE LAST TIME YOU SAW IT I BELIEVE WAS ABOUT 7:00 O’CLOCK AT NIGHT THAT FRIDAY NIGHT. IS THAT RIGHT?
A. RIGHT.
Q. AND YOU WENT TO BED ABOUT 9:00 O’CLOCK.
A. YEAH. IN THAT PROXIMITY.
Q. AND THE NEXT TIME YOU SAW THE MOTOR HOME WAS THE FOLLOWING MORNING WHEN YOU ATTEMPTED TO CONTACT MR. WESTERFIELD.
A. YES.
Q. AND THAT WAS AFTER YOUR GRANDDAUGHTER CAME IN AND SAID SHE’D SAID HI TO MR. WESTERFIELD AS HE WAS LEAVING OR WHEN SHE SAW HIM AT THE MOTOR HOME.
A. SATURDAY MORNING.
Q. AFTER MR. WESTERFIELD DROVE OFF WITH THE MOTOR HOME LATER THAT DAY, I BELIEVE YOU TOLD US THAT YOU LEFT WITH YOUR GRANDDAUGHTER AND YOUR WIFE.
A. YES, WE DID. WE WENT — SATURDAY, RIGHT?
Q. THAT’S CORRECT.
A. SUPER BOWL WEEKEND. WE WENT SATURDAY DOWN TO — DOWN TO THE PIER IN LA JOLLA, DOWN THERE AT THE MARINA, MARINE — WHAT DO YOU CALL THAT DOWN THERE. MARINE SOMETHING OR OTHER. WE WENT THERE WITH SOME FRIENDS THAT HAD CALLED US EARLIER IN THE WEEK.
Q. MAYBE COVE.
A. YEAH. SOMEWHERE AROUND THERE.
Q. ABOUT 11:00 O’CLOCK YOU LEFT THAT SATURDAY.
A. YES. I THINK WE — YEAH. WE HAD TO MEET THESE PEOPLE AT I BELIEVE IT WAS 12:00 O’CLOCK BEING DOWN THERE.
Q. AND YOU RETURNED, I BELIEVE, SOME TIME AROUND 7:00 O’CLOCK THAT EVENING.
A. NO. I RETURNED, I REMEMBER NOW, I RETURNED IN THE AFTERNOON. I DIDN’T STAY DOWN THERE. I LEFT MY WIFE AND GRANDDAUGHTER DOWN THERE WITH THESE PEOPLE ‘CAUSE I HAD A DEAL GOING ON SOMETHING, AND I HAD TO MEET SOME PEOPLE ON THE WAY BACK. SO I DID. AND THAT DIDN’T TAKE VERY LONG, AND I ROLLED UP TO MY HOUSE. I WAS UP IN MY HOUSE FOR JUST A LITTLE WHILE. NO MOTOR HOME THERE.
Q. OKAY.
THEN YOUR DAUGHTER, YOUR GRANDDAUGHTER RETURNED.
A. THEN I WENT DOWN TO GET THEM. WE ALL WENT OUT TO DINNER.
Q. WHAT TIME DID YOU GO DOWN TO GET THEM?
A. 6:00. MET THEM DOWN IN MISSION VALLEY.
Q. YOU TOLD US ON DIRECT I BELIEVE THAT YOU RETURNED HOME BETWEEN 6:00 AND 8:00 O’CLOCK THAT EVENING WITH YOUR GRANDDAUGHTER.
A. YES. IT WAS PROBABLY, MET THEM AT 6:00, WE PROBABLY ARRIVED HOME AGAIN, PROBABLY 8:00, 9:00, SOMETHING LIKE THAT.
Q. BUT OTHER THAN THIS TIME, THIS PERIOD OF TIME THAT YOU WENT BACK HOME, YOU WERE GONE FROM YOUR HOME EITHER, WELL, DOWN IN LA JOLLA SOMEWHERE, IS THAT RIGHT?
A. YES. M-HM.
Q. NOW, ON MONDAY YOU SAW THE MOTOR HOME RETURN.
A. YES, SIR.
Q. RETURNED EARLY IN THE MORNING ABOUT 7:15, 7:30 SOME TIME.
A. SOMEWHERE RIGHT IN THERE, M-HM.
Q. AND YOU WENT OUT TO TALK TO MR. WESTERFIELD BECAUSE YOU WANTED TO LET HIM KNOW THAT YOU WOULD MOVE YOUR MOTOR HOME IF HE WANTED TO GET HIS TRAILER OUT AT ANY TIME.
A. CORRECT.
Q. AND YOU HAD A CONVERSATION WITH MR. WESTERFIELD.
A. SHORT. VERY SHORT.
Q. SHORT.
AND THE ONLY THING YOU NOTICED WAS IT APPEARED THAT HE HAD BEEN CAMPING.
A. YES.
Q. FOR ALL OTHER PURPOSES HE APPEARED NORMAL, THAT IS, —
A. I WOULD SAY SO.
Q. HE WAS POLITE?
A. VERY NICE.
Q. AND COURTEOUS?
A. ALWAYS HAS BEEN NICE.
Q. AND THAT AFTERNOON HE RETURNED, DIDN’T HE?
A. YES. THAT WAS 1:30.
Q. THAT AFTERNOON.
A. WHEN I SAW HIM UP THERE.
Q. AND MR. DUSEK ASKED YOU SOME QUESTIONS ABOUT HOW HE LOOKED THAT AFTERNOON WHEN HE RETURNED. DO YOU RECALL THOSE QUESTIONS?
A. YES.
Q. ACTUALLY MR. DUSEK ASKED YOU IF MR. WESTERFIELD LOOKED RAGGED THAT MORNING. DO YOU REMEMBER HIM ASKING THAT?
A. YES. I REMEMBER THAT WORD RAGGED. AND I CAN’T SAY HE LOOKED RAGGED. I GOT TO SAY THAT HE — HE JUST WAS, YOU KNOW, ANYBODY’S, LIKE I SAID, CAMPING OUT, YOU’RE GOING TO BE A LITTLE DISARRAYED, YOU KNOW, YOUR CLOTHES AREN’T GOING, I DON’T CARE WHO YOU ARE, YOU ARE GOING TO BE OUT THERE AND YOU ARE GOING TO BE A LITTLE DISARRAY AND CAMPING.
Q. ISN’T IT TRUE THAT IT WAS ACTUALLY THAT AFTERNOON WHEN YOU RETURNED, WHEN MR. WESTERFIELD RETURNED AT ABOUT 1:45 OR 2:00 O’CLOCK THAT THAT’S WHEN YOU TOLD THE POLICE THAT HE LOOKED RAGGED?
A. I COULD HAVE SAID THAT. BUT I — I DIDN’T REALLY MEAN RAGGED RAGGED.
Q. WOULD IT REFRESH YOUR RECOLLECTION TO SHOW YOU THE —
A. GO AHEAD.
Q. — REPORT THAT MR. —
A. I WILL LOOK AT IT.
Q. — THAT MR. DUSEK WAS REFERRING TO?
A. UH-HUH.
Q. IN INDICATING THE SECOND PARAGRAPH FROM THE BOTTOM, IF YOU COULD READ THIS TO YOURSELF, AND REFERRING TO THE TIME THAT YOU WERE TALKING ABOUT.
A. SEE, YOUR TIMES THAT YOU GUYS GOT ON HERE, I NEVER BEEN IN THE SERVICE, I HAVE A HARD TIME WITH THESE TIMES. I DON’T KNOW IF YOU ARE NOT USED TO THEM. DO YOU HAVE A HARD TIME WITH THEM, RIGHT?
Q. YOU’RE REFERRING TO THE TIMES OF 1345 AND 1400 HOURS?
A. YES. I DON’T EVEN KNOW WHAT TIME THAT IS.
Q. THOSE WEREN’T THE TIMES THAT YOU GAVE THE OFFICERS, IS THAT RIGHT?
A. NO. I GIVE THEM THIS TIME RIGHT THERE.
Q. AND THIS TIME WOULD HAVE BEEN 1:45 AND 2:00 O’CLOCK?
A. IS THAT WHAT THIS IS? OKAY. OKAY. WE’LL GO ALONG WITH THAT. THAT’S ABOUT THE TIME, UH-HUH. WELL, ACTUALLY IT WAS CLOSER I BELIEVE TO — I TOLD THESE GUYS IT WAS CLOSER TO 1:30 IN THE AFTERNOON.
Q. OKAY.
A. RAGGED IT SAYS. BUT I CAN’T REALLY — DAVID DIDN’T LOOK RAGGED. I DON’T THINK HE’S EVER BEEN RAGGED IN HIS LIFE TO LOOK AT THE MAN. AND IT’S TRUE. HE TOLD ME THAT HE MISPLACED HIS CELLULAR. THAT’S WHY HE WAS THERE.
MR. DUSEK: NO QUESTION PENDING, YOUR HONOR.
THE COURT: THAT’S RIGHT. ALL RIGHT.
THE WITNESS: I GOT IT.
BY MR. BOYCE:
Q. SO, ANYWAY, THE TIME FRAME ABOUT 1:30, YOU DON’T RECALL NOW TELLING THE POLICE THAT DAVID LOOKED RAGGED AT THAT TIME, IS THAT RIGHT?
A. DO I RECALL IT, THAT HE DID, THAT I TOLD THEM THAT HE DID?
Q. YEAH.
A. I COULD HAVE SAID THAT. YES.
Q. BUT THIS WAS IN THE AFTERNOON AND NOT IN THE MORNING, IS THAT RIGHT?
A. OH, YOU’RE TALKING — OKAY. FOR THE AFTERNOON ONLY.
Q. YES.
A. OKAY. NO. HE DIDN’T — HE LOOKED LIKE HE, YOU KNOW, SPIFFED UP A LITTLE BIT, CLEANED UP A LITTLE BIT.
Q. IN THE AFTERNOON?
A. YES.
AGAIN, HE DIDN’T HAVE THE BASEBALL CAP ON LIKE HE ALWAYS WORE.
Q. AND HE WAS THERE FOR ABOUT TEN OR FIFTEEN MINUTES LOOKING FOR HIS CELL. PHONE.
A. WELL, I LEFT RIGHT AWAY. I CAN’T TELL YOU HOW LONG HE WAS THERE. BECAUSE DAVID TOLD ME HE WAS LOOKING FOR THE CELL. PHONE. AND, YOU KNOW, I HAD NO REASON TO MISTRUST HIM FOR ANYTHING, BECAUSE HE HAD BEEN REALLY GOOD WITH US.
(DISCUSSION OFF THE RECORD BETWEEN MR. BOYCE
AND MR. FELDMAN.)
MR. BOYCE: NOTHING FURTHER, YOUR HONOR.
THE COURT: ALL RIGHT.
ANYTHING FURTHER, MR. DUSEK?
MR. DUSEK: NO.
THE COURT: IS THIS WITNESS TO BE EXCUSED?
MR. DUSEK: OH, YEAH.
THE COURT: MR. BOYCE?
MR. BOYCE: YES.
THE COURT: ALL RIGHT.
MR. SHERMAN, YOUR TIME WITH US IS DONE. I JUST WANT TO REMIND YOU THAT YOU ARE INSTRUCTED NOT TO DISCUSS YOUR TESTIMONY WITH ANYONE UNTIL THIS MATTER IS CONCLUDED. OKAY.
THE WITNESS: YES, SIR.
THE COURT: ALL RIGHT. HAVE A GOOD DAY.
THE WITNESS: THANK YOU.
THE COURT: THANK YOU VERY MUCH.
THE WITNESS: I WANT TO ASK YOU, YOU DON’T THINK I HAVE TO COME BACK, THEN?
THE COURT: NO. YOU ARE BEING EXCUSED RIGHT NOW.
THE WITNESS: GOOD. THANK YOU SO MUCH.
THE COURT: ALL RIGHT.
THE WITNESS: GOOD MEETING ALL YOU PEOPLE.
(THE WITNESS WAS EXCUSED.)
THE COURT: ALL RIGHT. MR. DUSEK.
MR. DUSEK: SANDRA DELONG.
THE COURT: ALL RIGHT.
LADIES AND GENTLEMEN, THE NEXT WITNESS IS GOING TO REQUIRE THE SERVICES OF A SWORN AMERICAN SIGN LANGUAGE INTERPRETER. WE HAVE TWO INTERPRETERS THAT ARE GOING TO BE ASSISTING US IN THIS PROCEEDING. WE’LL INTRODUCE THEM IN JUST A MOMENT, AS SOON AS THE WITNESS IS SWORN.
SANDRA J. DELONG,
CALLED AS A WITNESS BY THE PLAINTIFF, HAVING BEEN DULY SWORN, TESTIFIED AS FOLLOWS:
THE COURT: AND, LADIES, FOR THE PURPOSES OF THE RECORD, IF YOU WOULD KINDLY FACE THE JURY AND INTRODUCE YOURSELF.
INTERPRETER WAISBROT: KAY LYNNE WAISBROT, W-A-I-S-B-R-O-T.
INTERPRETER MORRIS: GOOD AFTERNOON. THIS INTERPRETER’S NAME IS JADE MORRIS, J-A-D-E M-O-R-R-I-S.
THE COURT: ALL RIGHT. THANK YOU.
THE CLERK: MA’AM, WOULD YOU PLEASE STATE YOUR NAME AND SPELL IT FOR THE RECORD.
THE WITNESS: SANDRA J. DELONG. D-E-L-O-N-G..
DIRECT EXAMINATION
BY MR. DUSEK:
Q. WHAT TYPE OF WORK DO YOU DO?
A. I’M A TEACHER.
Q. WHERE DO YOU LIVE?
A. I LIVE IN POWAY.
Q. ON WHAT STREET?
A. SKYRIDGE ROAD.
Q. DO YOU KNOW KEITH SHERMAN?
A. HE’S A NEIGHBOR. A NEIGHBOR.
Q. WHERE DOES HE LIVE IN RELATION TO YOU?
A. HE LIVES ACROSS THE STREET.
Q. HOW LONG HAVE YOU TWO BEEN NEIGHBORS?
A. I WOULD SAY APPROXIMATELY TWO YEARS.
Q. DO YOU KNOW IF HE HAS ANY RECREATIONAL VEHICLES ON HIS PROPERTY?
A. HE DOES.
Q. HOW MANY?
A. TWO.
Q. DOES HE OWN ONE OF THEM?
MR. FELDMAN: OBJECTION. SPECULATION.
THE COURT: OVERRULED.
THE WITNESS: YES, I THINK SO.
MR. FELDMAN: OBJECTION. FOUNDATION.
THE COURT: OVERRULED.
BY MR. DUSEK:
Q. WHAT TYPE OF RECREATIONAL VEHICLE IS IT?
A. ARE YOU TALKING ABOUT KEITH’S?
Q. YES.
A. IT’S AN OLDER MODEL. NOT AS NICE AS THE OTHER ONE.
Q. IS IT A MOTOR HOME?
A. I GUESS I DON’T KNOW THE DIFFERENCE SPECIFICALLY BETWEEN A MOTOR HOME AND A RECREATIONAL VEHICLE, BUT I WOULD IMAGINE IT’S A MOTOR HOME.
Q. THERE ARE TWO RECREATIONAL VEHICLES ON THE SHERMAN PROPERTY?
A. YES.
Q. I WOULD LIKE TO DIRECT YOUR ATTENTION TO FEBRUARY 4TH, A MONDAY, THIS YEAR. THIS WAS SUPER BOWL WEEKEND IF THAT MEANS ANYTHING TO YOU. WERE YOU LEAVING YOUR HOUSE THAT MONDAY MORNING?
A. YES. I WAS GOING TO WORK.
Q. WHAT TIME DID YOU LEAVE YOUR HOUSE?
A. I WOULD HAVE TO SAY CLOSE TO 7:10. I WAS LATE FOR WORK.
Q. IS THAT IN THE MORNING?
A. YES. MONDAY MORNING.
Q. WHAT TIME DO YOU HAVE TO BE AT WORK?
A. I’M SUPPOSED TO BE AT WORK AT 7:30.
Q. WHERE DO YOU GO —
A. 7:40. BUT I WASN’T.
Q. WHERE DO YOU GO TO WORK?
A. I WORK IN ESCONDIDO.
Q. HOW DO YOU GET FROM YOUR HOUSE TO ESPOLA ROAD?
A. I TAKE SKYRIDGE AND THEN KINGMAN AND THEN EASTVALE, THEN HIGH VALLEY ROAD TO ESPOLA.
Q. AS YOU WERE DRIVING TO ESPOLA, DID YOU SEE ANY VEHICLES THAT ATTRACTED YOUR ATTENTION?
A. YES.
Q. WHAT VEHICLE?
A. I SAW A MOTOR HOME. THE SAME MOTOR HOME THAT’S PARKED IN FRONT OF THE HOUSE.
Q. WHOSE HOUSE?
A. KEITH’S HOUSE. AND IN FRONT OF OUR HOUSE. IT WAS THE SAME RECREATIONAL VEHICLE THAT HAD BEEN PARKED THERE.
Q. WAS IT THE VEHICLE THAT YOU THINK IS MR. SHERMAN’S OR THE OTHER VEHICLE?
A. IT WAS THE OTHER ONE. IT’S A NICER AND A LARGER VEHICLE.
Q. WHICH DIRECTION WAS IT GOING, THE SAME DIRECTION AS YOU OR THE OPPOSITE DIRECTION?
A. THE OPPOSITE DIRECTION. I WAS HEADING DOWN THE HILL. THE R.V. WAS HEADING UP.
Q. ABOUT WHAT TIME WAS IT WHEN YOU SAW THE VEHICLE?
A. I LEFT HOME AT 7:10. IT’S ABOUT A THREE-TO-FIVE-MINUTE DRIVE DOWN, SO I WOULD HAVE TO SAY WITHIN THREE TO FIVE MINUTES AFTER THAT.
Q. ARE YOU ABLE TO DESCRIBE THE DRIVER OF THAT VEHICLE?
A. NO. I DON’T KNOW WHO THE DRIVER WAS. I WASN’T PAYING THE ATTENTION.
Q. WERE YOU ABLE TO DESCRIBE THAT DRIVER TO THE POLICE DEPARTMENT?
A. I DIDN’T GIVE A FULL DESCRIPTION. I DID KNOW HE WAS A MALE. I DIDN’T GIVE ANY SPECIFICS ABOUT HIS APPEARANCE. BUT I DID TELL THE POLICE THAT IT WAS A MALE.
Q. DO YOU RECALL ANYTHING DISTINCTIVE ABOUT HIM?
A. NO. I COULDN’T PAY ATTENTION AS I WAS HAVING TO PAY ATTENTION TO THE ROAD. IT’S A WINDY ROAD. BUT I DID RECOGNIZE THE R.V.
MR. DUSEK: THANK YOU.
THE COURT: ALL RIGHT.
CROSS-EXAMINATION.
CROSS-EXAMINATION
BY MR. BOYCE:
Q. GOOD AFTERNOON.
MISS DELONG, YOU KNOW DAVID WESTERFIELD, IS THAT RIGHT?
A. YES. I KNOW HIM FROM MY OLD NEIGHBORHOOD.
Q. IN FACT, DID HIS CHILDREN GO TO YOUR SCHOOL?
A. NO. THEY DIDN’T COME TO MY SCHOOL, BUT OUR KIDS WENT TO THE SAME SCHOOL.
Q. YOUR CHILDREN WENT TO SCHOOL WITH MR. WESTERFIELD’S CHILDREN?
A. THAT’S CORRECT. WHEN THEY WERE YOUNGER.
Q. DID YOU KNOW MR. WESTERFIELD’S FORMER WIFE?
MR. DUSEK: OBJECTION. RELEVANCY.
THE COURT: OVERRULED.
YOU CAN JUST ANSWER THAT YES OR NO.
THE WITNESS: YES.
MR. BOYCE: THANK YOU, YOUR HONOR. I HAVE NOTHING FURTHER.
THE COURT: ANYTHING FURTHER?
MR. DUSEK: NO. THAT’S IT. THANK YOU.
THE COURT: ALL RIGHT.
IS THIS WITNESS TO BE EXCUSED?
MR. DUSEK: YES.
THE COURT: MR. BOYCE?
MR. BOYCE: NO OBJECTION, YOUR HONOR.
THE COURT: ALL RIGHT.
MA’AM, YOUR TIME WITH US IS CONCLUDED. YOU’RE FREE TO LEAVE THESE PROCEEDINGS. THIS MIGHT SOUND RIDICULOUS, BUT I’M GOING TO INSTRUCT YOU NOW NOT TO DISCUSS YOUR TESTIMONY WITH ANYONE UNTIL THIS MATTER IS CONCLUDED. YOU’RE FREE TO LEAVE.
BEFORE THE INTERPRETERS LEAVE, IS THIS THE DENIED SIGN?
INTERPRETER MORRIS: THAT’S ONE OF THEM, YOUR HONOR.
THE COURT: THAT’S GREAT. I LIKE THAT. I MIGHT HAVE TO WORK THAT INTO MY COURTROOM PROCEEDINGS.
THANK YOU, MA’AM, FOR COMING IN. YOU’RE FREE TO LEAVE AT THIS TIME.
AND THANK YOU BOTH.
(THE WITNESS WAS EXCUSED.)
THE COURT: ALL RIGHT. MR. DUSEK.
MR. DUSEK: ALICK LAU.
ALICK LAU,
CALLED AS A WITNESS BY THE PLAINTIFF, HAVING BEEN DULY SWORN, TESTIFIED AS FOLLOWS:
THE CLERK: SIR, WOULD YOU PLEASE STATE YOUR NAME AND SPELL YOUR FIRST AND LAST NAME, PLEASE.
THE WITNESS: YES. MY NAME IS ALICK, A-L-I-C-K, LAST NAME IS L-A-U.
/ / /
/ / /
DIRECT EXAMINATION
BY MR. DUSEK:
Q. WHAT TYPE OF WORK DO YOU DO, MR. LAU?
A. I’M AN ENGINEER.
Q. WHAT PART OF TOWN DO YOU LIVE IN?
A. SABRE SPRINGS.
Q. WHAT STREET? I DON’T NEED THE ADDRESS, BUT WHAT STREET?
A. DAPPLE WAY.
Q. HOW LONG HAVE YOU LIVED UP THERE?
A. SINCE 1995, SO ALMOST SEVEN YEARS.
Q. WHERE IS YOUR RESIDENCE IN RELATION TO MOUNTAIN PASS AND BRIARLEAF I THINK ARE THE STREETS WE’VE HEARD OF?
A. LET’S SEE. BRIARLEAF, IF YOU WERE TO GO — I THINK OF THE DIRECTION. I THINK IF YOU GO NORTH, IT RUNS INTO A CUL DE SAC, AND OUR STREET IS ONE STREET OVER FROM BRIARLEAF.
Q. DOES YOUR STREET RUN BASICALLY PARALLEL WITH MOUNTAIN PASS?
A. IT’S PERPENDICULAR.
Q. ALL RIGHT.
LET ME SHOW YOU SOME AERIAL PHOTOGRAPHS WE’VE HAD MARKED AS COURT’S EXHIBIT 1. AND THESE ARE AT LEAST SUPPOSED TO DEPICT THE AREA THAT WE’RE TALKING ABOUT.
DO YOU SEE ON ANY OF THOSE PHOTOGRAPHS DAPPLE WAY, YOUR STREET?
A. LET ME SEE. I WOULD SAY IN A, PROBABLY THE VERY — I DON’T KNOW IF I CAN POINT TO IT FOR YOU.
Q. MAKE IT EASY FOR YOU AND GIVE YOU A POINTER.
A. OKAY. THANK YOU.
Q. PHOTOGRAPH A YOU’RE TALKING ABOUT.
A. YES. THIS HERE RIGHT HERE WOULD BE DAPPLE WAY RIGHT HERE. THIS PART.
Q. SO THAT IS IN THE EXTREME RIGHT-HAND UPPER CORNER OF PHOTOGRAPH A?
A. CORRECT.
Q. FROM THE PARK THAT’S DEPICTED THERE ON PHOTOGRAPH A, IS THAT PARK AT MOUNTAIN PASS AND SPRINGHURST?
A. CORRECT. MOUNTAIN PASS AND SPRINGHURST, RIGHT HERE, CORRECT.
Q. AND TO GET TO YOUR STREET, YOU GO ON WHAT STREET AND WHERE DO YOU TURN?
A. YOU HAVE TO TURN EITHER — DEPENDING WHICH WAY I COME, I HAVE TO EITHER TURN LEFT, I TURN RIGHT, AND THEN AT BRIARLEAF I HAVE TO TURN RIGHT TO GET TO MY HOUSE.
Q. ALL RIGHT.
I WOULD LIKE TO DIRECT YOUR ATTENTION TO FEBRUARY 2ND OF THIS YEAR. WERE YOU AT HOME THAT SATURDAY MORNING?
A. YES, I WAS.
Q. DID YOU GO OUT?
A. YES, I DID.
Q. ABOUT WHAT TIME?
A. IT WAS APPROXIMATELY 7:15. I WAS OUT — I WENT RUNNING WITH A NEIGHBOR OF MINE. WE WERE GOING TO MEET AT 7:15, SO I LEFT, I MET HIM AT HIS HOUSE AT 7:15.
Q. WHERE IS HIS HOUSE IN RELATION TO YOURS?
A. HE’S TWO HOUSES DOWN FROM ME.
Q. STILL ON DAPPLE WAY?
A. CORRECT.
Q. WHERE DID YOU GO RUNNING?
A. WE WENT DOWN, OBVIOUSLY OUT DAPPLE WAY, AND ONTO BRIARLEAF, AND THEN ONTO SPRINGHURST, DOWN ON SPRINGHURST AND ONTO POWAY ROAD.
Q. WHEN YOU WENT RUNNING, DID YOU HAVE TO GO ON OR CROSS MOUNTAIN PASS?
A. YES. THAT WAS THE ONLY WAY WE COULD LEAVE OUR HOUSES.
Q. AT THAT TIME DID YOU KNOW AN INDIVIDUAL BY THE NAME OF DAVID WESTERFIELD?
A. NO, I DID NOT.
Q. SINCE THEN HAVE YOU DISCOVERED —
A. YES.
Q. AND SINCE THEN HAVE YOU DISCOVERED WHERE HE LIVED?
A. YES.
Q. WHERE?
A. RIGHT AT THE CORNER. RIGHT AT THE CORNER AT — I CAN SHOW — IT WOULD BE THIS HOUSE RIGHT HERE.
Q. AGAIN YOU’RE POINTING TO PHOTOGRAPH A. IS THERE A LETTER ON THAT HOUSE?
A. YEAH. WHERE IT SAYS D. W.
Q. OKAY.
AS YOU WENT BY THAT HOUSE THAT MORNING, DID YOU SEE ANY MOTOR HOME THERE AT THAT TIME?
A. I DO NOT RECALL SEEING ANY MOTOR HOME IN FRONT.
Q. HOW CLOSE DID YOU GET TO THAT HOUSE?
A. I WAS RIGHT NEXT TO IT. I WAS BASICALLY ON BRIARLEAF, ‘CAUSE WE CAME OUT THIS WAY AND THEN WENT DOWN, CONTINUED ON BRIARLEAF AND THEN TURN ONTO SPRINGHURST. SO WE WENT RIGHT BY THE HOUSE.
Q. SO YOU’RE INDICATING ON PHOTOGRAPH A ON EXHIBIT 1 YOU CAME DOWN BRIARLEAF WITH MR. WESTERFIELD’S HOUSE ON YOUR LEFT?
A. CORRECT.
Q. AND YOU WENT ACROSS MOUNTAIN PASS?
A. WE WENT ACROSS — WELL, WE WENT, ACTUALLY WE KEPT GOING ON BRIARLEAF, AND THAT EVENTUALLY TURNS AND IT CUTS INTO SPRINGHURST.
Q. HOW LONG WAS YOUR RUN?
A. THAT DAY WAS ABOUT AN HOUR AND TWENTY MINUTES.
Q. SO YOU CAME BACK ABOUT WHAT TIME?
A. AROUND 8:40, 8:45, SOMEWHERE THEREABOUTS.
Q. DID YOU GO BY THE WESTERFIELD RESIDENCE AT THAT TIME?
A. WE DIDN’T GO EXACTLY BY. WE CAME BACK DOWN THIS WAY WHICH IS MOUNTAIN PASS. WE CAME DOWN THE HILL AND MAKE A LEFT TURN. SO WE DID GO BY. SO WE CAME IN HERE AND MADE A TURN UP BRIARLEAF, SO, YES, WE DID GO BY THE HOUSE.
Q. ALL RIGHT.
A. SORRY.
Q. WHEN YOU WENT BY HIS HOUSE AT THE END OF YOUR RUN, DID YOU NOTICE A MOTOR HOME OR R.V. PARKED THERE?
A. NO, I DID NOT.
Q. DID YOU HAVE A WATCH WITH YOU?
A. YES.
Q. DO YOU SOMEHOW KEEP TRACK OF HOW FAR YOU’VE GONE OR WHAT TIME IT IS?
A. YES. ALWAYS. ALWAYS RUN MY STOPWATCH WHEN I’M RUNNING, SO. . .
Q. AND ON EITHER LEAVING OR COMING BACK, YOU DIDN’T SEE A MOTOR HOME?
A. NO, I DID NOT.
Q. WERE YOU FAMILIAR WITH A MOTOR HOME THAT HAD BEEN KEPT IN THAT AREA?
A. I HAVE SEEN THAT MOTOR HOME, TYPICALLY NOTICED WHERE IT WAS PARKED AND SO ON AND SO FORTH.
Q. WHEN YOU SEE IT, WHERE WOULD IT BE PARKED?
A. NORMALLY IT’S ON BRIARLEAF, USUALLY ON THE SIDE OF THE HOUSE, RIGHT HERE. THAT I SEEN IT. MOST OF THE TIME.
Q. ALL RIGHT. ON THE SIDE OF THE HOUSE THAT YOU CAME TO KNOW AS MR. WESTERFIELD’S HOUSE?
A. CORRECT.
Q. LET’S SEE IF WE CAN GET A COUPLE CLOSEUP VIEWS THAT MIGHT GIVE US A LITTLE BETTER VIEW. DO YOU SEE ON EITHER B, C, D, OR E THAT GIVES YOU A BETTER VIEW FOR ILLUSTRATION PURPOSES OF WHAT WE’RE TALKING ABOUT?
A. YES. IT WOULD BE ALONGSIDE HERE TYPICALLY.
Q. AND YOU’RE POINTING TO THE PHOTOGRAPH B, THE STREET THAT RUNS ALONGSIDE THE HOUSE THAT HAS D. W. ON THE ROOF?
A. CORRECT.
Q. AND AGAIN YOU THINK THE D. W. IS THE WESTERFIELD RESIDENCE?
A. CORRECT.
Q. HOW LONG HAD IT BEEN WOULD YOU ESTIMATE SINCE YOU’D SEEN THE MOTOR HOME PARKED THERE?
A. I WOULD SAY SINCE PROBABLY — SINCE THE END OF THE YEAR. BUT AROUND THE HOLIDAYS LAST I SAW IT I WOULD SAY.
Q. HOW LONG WOULD YOU GO — OR HOW OFTEN WOULD YOU GO THROUGH THAT INTERSECTION?
A. EVERY DAY. ‘CAUSE THAT’S THE ONLY WAY TO GET TO MY HOUSE.
Q. HOW MANY TIMES A DAY?
A. HOW MANY TIMES A DAY? TYPICALLY DURING THE WEEKDAYS TWICE, TWICE A DAY. ON MY WAY TO WORK AND BACK. AND WEEKENDS IT VARIES.
Q. AFTER YOU GOT BACK FROM YOUR RUN, DID YOU BECOME AWARE THAT SOMETHING WAS GOING ON IN THE NEIGHBORHOOD THAT DAY?
A. YEAH. I REMEMBER THAT DAY ‘CAUSE I GOT BACK FROM MY RUN AND TOOK A SHOWER. AS SOON AS I TOOK A SHOWER, I HEARD THE HELICOPTER FLYING ABOVE. I WAS WONDERING WHAT WAS GOING ON. AND I LOOKED OUTSIDE AND LISTENED, AND THEN I HEARD ABOUT THE NAME DANIELLE, AND I WAS YEAH.
Q. UP ‘TIL THAT POINT DID YOU KNOW WHO DANIELLE VAN DAM WAS?
A. NO, I DID NOT.
Q. DID YOU KNOW THE VAN DAM FAMILY?
A. NO, I DID NOT.
Q. WERE YOU DOWN ON MOUNTAIN PASS IN THE AFTERNOON, SAY BETWEEN 2:00 AND 6:00?
A. THAT DAY?
Q. THAT DAY.
A. I DON’T RECALL.
Q. DID THE POLICE DEPARTMENT EVENTUALLY CONTACT YOU OR YOUR FAMILY?
A. NO. THEY DID NOT.
Q. DID THEY EVER SEARCH YOUR HOUSE OR COME BY?
A. YES. YES, THEY DID. TWICE.
Q. WHEN WAS THAT?
A. ON SUNDAY THEY CAME BY IN THE BACKYARD AND THEN THE FOLLOWING WEEK THEY CAME THROUGH THE HOUSE WITH A SEARCH DOG. I DON’T REMEMBER WHAT DAY IT WAS.
MR. DUSEK: THANK YOU, SIR.
THE COURT: CROSS-EXAMINATION.
CROSS-EXAMINATION
BY MR. BOYCE:
Q. GOOD AFTERNOON, SIR.
A. GOOD AFTERNOON.
Q. ON FEBRUARY 1ST YOU DIDN’T KNOW MR. WESTERFIELD, IS THAT WHAT YOU SAID?
A. NO, I DID NOT.
Q. LATER YOU CAME TO KNOW WHO HE WAS.
A. CORRECT.
Q. IS THAT BECAUSE RUNNING THROUGH THAT INTERSECTION YOU BECAME AWARE THAT THERE WAS A LOT OF MEDIA TRUCKS IN THAT AREA?
A. YES. YES.
Q. YOU WOULD SEE THOSE MEDIA TRUCKS EVERY DAY FOR QUITE A WHILE, DIDN’T YOU?
A. CORRECT.
Q. AND THROUGH THE MEDIA COVERAGE YOU LEARNED WHO MR. WESTERFIELD WAS.
A. YES.
Q. YOU WOULD SEE MR. WESTERFIELD ON OCCASION.
A. YES. CORRECT.
Q. YOU WOULD WAVE AND SMILE AT HIM.
A. CORRECT. YES.
Q. YOU SAW THE — YOU WOULD OFTEN SEE THAT MOTOR HOME NEAR HIS HOUSE WHILE YOU WERE RUNNING.
A. YES.
Q. AND YOU INDICATED ONE AREA IT WAS PARKED ON THAT PHOTOGRAPH.
A. CORRECT.
Q. SOMETIMES IT WOULD BE PARKED ACROSS THE STREET, IS THAT RIGHT?
A. YES.
Q. AND IF YOU COULD TAKE A MARKER, AND IF YOU COULD APPROACH THE DIAGRAM, —
A. M-HM.
Q. — AND WITH THE GREEN MARKER INDICATE AN M. H. WHERE YOU SAW THE — WOULD SEE THE MOTOR HOME.
A. I — NORMALLY WHERE I WOULD SEE IT?
Q. YES.
A. OKAY.
(THE WITNESS COMPLIED.)
Q. YOU PLACED M. H. ON C OF EXHIBIT 1, IS THAT CORRECT?
A. CORRECT.
Q. NOW, YOU WOULD ALSO SEE THE MOTOR HOME PARKED ACROSS THE STREET, IS THAT RIGHT?
A. YES. I’VE SEEN IT PARKED ACROSS THE STREET, CORRECT.
Q. CAN YOU INDICATE FOR US WHERE YOU WOULD SEE THAT MOTOR HOME PARKED ACROSS THE STREET.
A. M. H. ON HERE ALSO?
Q. INDICATE FIRST WHERE YOU WOULD SEE IT.
A. IT WOULD BE RIGHT ALONG HERE.
Q. AND THERE’S ALREADY A D. W. IN THAT AREA, IS THAT RIGHT?
A. I’M NOT TOO SURE IF THAT’S D. IT’S SOMETHING W.
Q. YOU SAID NEXT TO THAT WAS WHERE YOU WOULD SEE THE MOTOR HOME.
A. RIGHT. RIGHT.
Q. CAN YOU PLACE AN M. H. THERE.
A. (THE WITNESS COMPLIED.)
Q. THAT’S — YOU’VE PLACED AN M. H. ON PHOTOGRAPH C WHERE YOU WOULD ON OCCASION SEE MR. WESTERFIELD’S MOTOR HOME, IS THAT RIGHT?
A. CORRECT.
Q. THANK YOU. YOU CAN RESUME THE STAND.
ON THESE OCCASIONS WHEN YOU SAW THE MOTOR HOME, SOMETIMES YOU’D SEE MR. WESTERFIELD’S SON OUT THERE.
A. I RECALL SEEING HIS SON OUT THERE. I ASSUMED THAT WAS HIS SON, BUT, YEAH.
Q. IT WAS SOMEONE THAT APPEARED YOUNGER THAN MR. WESTERFIELD.
A. CORRECT.
Q. A MALE.
A. CORRECT.
Q. HOW ABOUT A FEMALE; WOULD YOU SEE A FEMALE OUT THERE, TOO?
A. ONCE OR TWICE I THINK. I REMEMBER. IF I RECALL. YES.
Q. HOW OLD DID THE FEMALE APPEAR?
A. I WOULD SAY LATE TEENS. LIKE GUESSING. ‘CAUSE I USUALLY WOULD BE DRIVING BY MOST OF THE TIME, SO DIDN’T REALLY GET A GOOD LOOK.
Q. DO YOU KNOW WHETHER OR NOT THAT WAS MR. WESTERFIELD’S DAUGHTER?
A. I WOULD NOT KNOW THAT. I DID NOT KNOW THAT.
Q. DID YOU SEE ANY WOMEN OTHER THAN THIS TEENAGE GIRL OUT THERE?
A. I HAVE SEEN OTHER WOMEN OUT THERE, YES.
Q. THESE PEOPLE APPEARED TO BE LOADING GROCERIES INTO THE MOTOR HOME.
A. THAT I HAVE NOT SEEN. YEAH, I HAVE NOT SEEN THAT.
Q. DID THEY APPEAR TO BE DOING SOMETHING WITH THE MOTOR HOME?
A. YES.
Q. DID YOU SEE THEM WASHING THE MOTOR HOME ON OCCASION?
A. YES.
Q. USING THE HOSE FROM MR. WESTERFIELD’S HOUSE TO WASH THE MOTOR HOME?
A. YES. I HAVE SEEN THAT.
(DISCUSSION OFF THE RECORD BETWEEN MR. BOYCE
AND MR. FELDMAN.)
BY MR. BOYCE:
Q. AFTER FEBRUARY 1ST, WHEN YOU WOULD GO THROUGH THE INTERSECTION EITHER GOING TO WORK OR RUNNING, YOU TOLD US YOU NOTICED THESE MEDIA TRUCKS. CORRECT?
A. CORRECT.
Q. AND YOU SAW THEM LINED UP AND DOWN THE STREET, CORRECT?
A. CORRECT.
Q. YOU WOULD SEE THE MEDIA CAMERAS OUT THERE ALSO, WOULDN’T YOU?
A. YES.
Q. YOU SAW THEM OUT THERE ON — BEGINNING ON FEBRUARY 2ND?
A. CORRECT.
Q. AND CONTINUING UP UNTIL THE 22ND OR SO OF FEBRUARY?
A. YEAH. I THINK PRETTY MUCH ‘TIL THE — YEAH. I CAN’T EXACTLY RECALL THE DATE, BUT. . .
Q. EVERY DAY WHEN YOU WOULD RUN THROUGH THAT INTERSECTION YOU WOULD SEE THOSE CAMERAS AND THOSE MEDIA TRUCKS.
A. CORRECT.
(DISCUSSION OFF THE RECORD BETWEEN MR. BOYCE
AND MR. FELDMAN.)
BY MR. BOYCE:
Q. AND YOU REMEMBER THAT THESE MEDIA TRUCKS AND MEDIA CAMERAS NO LONGER WERE THERE SOME TIME AROUND THE TIME OF MR. WESTERFIELD’S ARREST, IS THAT RIGHT?
MR. DUSEK: OBJECTION. ASSUMES HE KNOWS WHEN HE WAS ARRESTED.
THE COURT: YES.
LAY A FOUNDATION, AND I’LL ALLOW THE QUESTION.
BY MR. BOYCE:
Q. DO YOU RECALL WHEN MR. WESTERFIELD WAS ARRESTED?
A. I DON’T KNOW EXACT DATES.
Q. AROUND THE END OF FEBRUARY?
A. YEAH. PROBABLY. YES.
Q. DOES THE 22ND OF FEBRUARY SOUND CORRECT?
A. YEAH. ROUGHLY. YES.
Q. AFTER YOU BECAME AWARE THAT MR. WESTERFIELD WAS ARRESTED, DID YOU SEE THE MEDIA TRUCKS OR THE CAMERAS AROUND HIS HOUSE AFTER THAT?
A. IF I RECALL CORRECTLY, THERE WERE STILL SOME TRUCKS OUT THERE AFTER THE ARREST.
Q. LESS TRUCKS, THOUGH, THAN BEFORE?
A. CORRECT.
MR. BOYCE: THANK YOU.
I HAVE NOTHING FURTHER.
THE COURT: ANYTHING FURTHER?
REDIRECT EXAMINATION
BY MR. DUSEK:
Q. ON THAT FIRST SATURDAY WHEN SHE WAS REPORTED MISSING AND THE HELICOPTER WAS UP THERE, —
A. M-HM.
Q. — DO YOU REMEMBER WHEN IT WAS THE FIRST TIME YOU HEARD SOMETHING ON THE RADIO OR ON T.V. ABOUT THIS INCIDENT?
A. IT WOULD HAVE BEEN THE EVENING NEWS, LOCAL NEWS THAT SATURDAY.
Q. ALL RIGHT.
AND GOING BACK TO THE EXHIBIT, COURT’S EXHIBIT 1, WHERE YOU PUT ON THE SECOND LOCATION WHERE YOU SAW THE MOTOR HOME, WHICH WOULD BE BASICALLY ACROSS MOUNTAIN PASS FROM MR. WESTERFIELD’S HOUSE, —
A. M-HM.
Q. THAT’S A YES?
A. YES. YES. I’M SORRY.
Q. — DO YOU KNOW THE INDIVIDUAL THAT LIVES IN THAT HOUSE?
A. NO, I DO NOT.
Q. DO YOU KNOW IF HE HAS A MOTOR HOME?
A. I DO NOT.
MR. DUSEK: THANK YOU, SIR.
THE COURT: ANYTHING FURTHER, MR. BOYCE?
MR. BOYCE: YES.
RECROSS-EXAMINATION
BY MR. BOYCE:
Q. THE MOTOR HOME THAT YOU BELIEVE TO BE MR. WESTERFIELD’S, IS THAT THE ONLY MOTOR HOME YOU’VE SEEN IN THAT AREA?
A. CORRECT.
Q. AND OTHER THAN THE TWO PLACES THAT YOU’VE INDICATED ON THE PHOTOGRAPH C OF EXHIBIT 1, DO YOU RECALL SEEING THE MOTOR HOME, MR. WESTERFIELD’S MOTOR HOME, ANYWHERE ELSE IN THE NEIGHBORHOOD?
A. IN FRONT OF — RIGHT IN FRONT OF THE HOUSE.
Q. SO THAT’S A THIRD LOCATION?
A. THAT WOULD THE THIRD LOCATION.
Q. PERHAPS WE COULD HAVE YOU ALSO MARK THAT ON THE. . .
A. DO YOU WANT ME TO MARK IT?
Q. YES. GO AHEAD AND PLACE AN M. H.
A. (THE WITNESS COMPLIED.)
Q. YOU’VE JUST PLACED AN M. H. ON PHOTOGRAPH C, INDICATING THE THIRD LOCATION WHERE YOU WOULD SEE THE MOTOR HOME WAS IN FRONT OF MR. WESTERFIELD’S DRIVEWAY, IS THAT CORRECT?
A. CORRECT.
MR. BOYCE: THANK YOU, SIR.
THE COURT: OKAY.
IS THIS WITNESS TO BE EXCUSED?
MR. DUSEK: YES.
THE COURT: MR. BOYCE.
MR. BOYCE: YES, YOUR HONOR.
THE COURT: ALL RIGHT.
SIR, YOUR TIME WITH US IS DONE.
PLEASE REMEMBER THE ADMONITION OF THE COURT NOT TO DISCUSS YOUR TESTIMONY WITH ANYONE UNTIL THE CASE IS RESOLVED. OKAY?
THE WITNESS: OKAY.
THE COURT: THANK YOU FOR COMING IN.
THE WITNESS: YOU’RE WELCOME.
(THE WITNESS WAS EXCUSED.)
MR. DUSEK: BARBARA CRUM.
/ / /
/ / /
/ / /
BARBARA CRUM,
CALLED AS A WITNESS BY THE PLAINTIFF, HAVING BEEN DULY SWORN, TESTIFIED AS FOLLOWS:
THE CLERK: MA’AM, WOULD YOU PLEASE STATE YOUR NAME AND SPELL IT FOR THE RECORD.
THE WITNESS: MY NAME IS BARBARA CRUM. B-A-R-B-A-R-A
C-R-U-M.
DIRECT EXAMINATION
BY MR. DUSEK:
Q. IS IT MRS. CRUM?
A. OR BARBARA.
Q. WE CAN’T BE BARBARA HERE.
A. MRS. CRUM, YES.
Q. MRS. CRUM, DO YOU WORK, MA’AM?
A. NO, I DON’T. I STAY AT HOME.
Q. PROBABLY WORK THERE.
A. YES, I DO.
Q. WHAT PART OF TOWN DO YOU LIVE IN?
A. I LIVE IN SABRE SPRINGS.
Q. HOW LONG HAVE YOU LIVED UP THERE?
A. I WILL BE THERE EIGHT YEARS IN JULY.
Q. WHAT STREET DO YOU LIVE ON?
A. I LIVE ON BRIARLEAF WAY.
Q. DO YOU LIVE BETWEEN TWO CROSS-STREETS?
A. YES, I DO.
Q. WHICH TWO?
A. I LIVE BETWEEN HALF OAK TERRACE AND MOUNTAIN PASS ROAD.
Q. LET ME DIRECT YOUR ATTENTION TO THESE AERIAL PHOTOGRAPHS BEHIND YOU, COURT’S EXHIBIT 1, AND ASK YOU TO LOOK AT THOSE PHOTOGRAPHS TO SEE IF YOU CAN GET YOUR BEARINGS ON WHAT STREETS WE’RE TALKING ABOUT. AND THEN I’M GOING TO ASK YOU TO PICK ONE OF THOSE PHOTOGRAPHS AND TELL US WHERE YOUR STREET IS.
A. OKAY.
YOU DO NOT REALLY SEE MY STREET. THIS WOULD BE MY STREET WOULD BE COMING DOWN THIS WAY.
Q. OKAY.
HOLD ON A MINUTE NOW. WE’RE TALKING ABOUT EXHIBIT 1 AND PHOTOGRAPH B, CORRECT?
A. YES.
Q. AND THE STREET THAT APPEARS TO COME FROM THE UPPER LEFT-HAND CORNER DOWN TO THE STOP SIGN IS BRIARLEAF.
A. YES, IT IS.
Q. AND YOU LIVE ACROSS THE INTERSECTION WITH MOUNTAIN PASS.
A. YES, I DO.
Q. AND YOUR STREET CONTINUES ON DOWN BRIARLEAF BELOW THAT PHOTOGRAPH.
A. YES, IT DOES.
Q. AND AS YOU GO DOWN BRIARLEAF, YOU COME TO YOUR STREET OR DO YOU LIVE ON BRIARLEAF?
A. I LIVE ON THAT STREET.
Q. BRIARLEAF.
A. BRIARLEAF.
Q. ABOUT HOW FAR DOWN?
A. I’M THE FOURTH HOUSE ON THE RIGHT-HAND SIDE.
Q. THAT KIND OF DEPENDS ON WHICH WAY YOU’RE GOING ON THE STREET, DOESN’T IT?
A. OKAY.
IF YOU ARE COMING DOWN THE STREET TOWARD, I’M ON THE RIGHT-HAND SIDE, FOUR HOUSES DOWN.
Q. AS YOU ARE HEADING TOWARDS —
A. IF YOU’RE HEADING DOWN TOWARDS SPRINGHURST DRIVE. IT ACTUALLY TURNS INTO ALPINE TERRACE AND THEN GOES OUT ONTO SPRINGHURST DRIVE.
Q. AS YOU GO FROM MOUNTAIN PASS DOWN YOUR STREET, YOU’RE ON THE RIGHT-HAND SIDE?
A. YES.
Q. DO YOU KNOW AN INDIVIDUAL BY THE NAME OF DAVID WESTERFIELD?
A. YES, I DO.
Q. DO YOU SEE HIM IN COURT TODAY?
A. YES, I DO.
Q. WOULD YOU POINT HIM OUT, PLEASE, AND DESCRIBE WHAT HE’S WEARING TODAY.
A. HE’S AT THE END OF THE TABLE IN A GRAY SUIT AND BLUE-AND-BURGUNDY TIE.
THE COURT: THE RECORD WILL REFLECT IDENTIFICATION.
BY MR. DUSEK:
Q. ARE YOU ABLE TO SEE HIS HOUSE FROM YOUR RESIDENCE?
A. YES, I AM.
Q. HOW?
A. HE LIVES DIAGONALLY FROM MY HOUSE. IN OTHER WORDS, WHERE HIS — WHERE HIS HOUSE IS AT THE CORNER OF MOUNTAIN PASS AND BRIARLEAF, I BASICALLY LIVE ON A DIAGONAL BASIS. SO AS I WALK OUT MY GARAGE DOOR, I WILL LOOK AT HIS HOME.
Q. AND HOW LONG HAVE YOU KNOWN HIM?
A. SEVERAL YEARS.
Q. LET ME DIRECT YOUR ATTENTION BACK TO FEBRUARY 2ND OF THIS YEAR, A SATURDAY. SUPER BOWL WEEKEND I BELIEVE IT WAS. WERE YOU AT HOME THAT WEEKEND?
A. YES, I WAS.
Q. DID YOU LEAVE YOUR HOUSE TO GO SOMEWHERE THAT MORNING?
A. YES, I DID.
Q. ABOUT WHAT TIME?
A. I LEFT MY HOUSE APPROXIMATELY 8:25 TO TAKE MY SON TO HIS FIRST BASEBALL PRACTICE AT OUR BASEBALL FIELD IN SABRE SPRINGS.
Q. HOW CAN YOU COME UP WITH A TIME SO EXACTLY THERE?
A. HE HAD A SCHEDULED PRACTICE FROM 8:30 ‘TIL 11:00 O’CLOCK.
Q. AND YOU CAN REMEMBER WHAT TIME YOU LEFT?
A. IT WAS VERY CLOSE TO 8:25 BECAUSE I’M ALWAYS RUNNING LATE, SO I KNEW I WOULD HAVE HIM THERE AT 8:30 OR 8:31.
Q. AS YOU LEFT YOUR HOUSE, DID YOU GET A CHANCE TO LOOK UP TOWARDS MR. WESTERFIELD’S RESIDENCE?
A. I DID LOOK IN THAT DIRECTION BECAUSE I TOOK MY HUSBAND’S CAR WHICH WAS PARKED ON BRIARLEAF. AS WE WALKED DOWN MY DRIVEWAY TO UNLOCK THE CAR TO LET THE — TO OPEN THE DOOR, I LOOKED DIRECTLY IN THAT DIRECTION.
Q. DO YOU KNOW WHETHER OR NOT MR. WESTERFIELD HAD OR HAS A MOTOR HOME?
A. YES, I DO.
Q. DID YOU SEE IT THERE THAT MORNING AT THAT TIME?
A. I DID NOT SEE THE MOTOR HOME.
Q. HOW MUCH OF THE STREET AROUND HIS RESIDENCE COULD YOU SEE?
A. I CAN SEE THE ENTIRE STREET AND HIS ENTIRE HOUSE.
Q. AND YOU HAVE SEEN HIS MOTOR HOME IN THE PAST?
A. YES, I HAVE.
Q. AND YOU DIDN’T SEE IT THAT MORNING.
A. I DID NOT SEE IT.
Q. WHERE DID YOU GO?
A. I WENT TO THE BASEBALL FIELDS.
Q. ABOUT WHAT TIME DID YOU COME BACK TO YOUR NEIGHBORHOOD?
A. IT WAS — I LEFT THE BASEBALL FIELDS AT NICK’S PRACTICE, WHICH WAS DONE AT 11:00 O’CLOCK, AND STOPPED AT AM/PM AND CAME STRAIGHT HOME FROM THEN.
Q. YOU CAN REMEMBER WHERE YOU STOPPED?
A. I DO.
Q. HOW?
A. BECAUSE NICK ALWAYS GOES TO AM/PM AFTER HE FINISHES BASEBALL PRACTICE TO GET A GATORADE.
Q. OKAY.
WHEN YOU CAME BACK TO YOUR HOUSE, DID YOU LOOK UP TOWARDS THE WESTERFIELD RESIDENCE?
A. WHEN I CAME BACK TO MY HOME, ALL THE COMMOTION HAD STARTED. THE POLICE CARS WERE THERE. I WALKED UP TO THE CORNER OF MOUNTAIN PASS AND BRIARLEAF, OFFERED ANY ASSISTANCE I COULD, TAKE FLYERS OR WHATEVER BACK TO THE BASEBALL FIELDS, BECAUSE I KNEW THAT I WOULD BE GOING BACK THERE. I STOOD UP AT THE CORNER. BUT I DID NOT NOTICE WHETHER OR NOT THE MOTOR HOME WAS THERE OR NOT.
Q. HOW CLOSE TO THE WESTERFIELD RESIDENCE WERE YOU?
A. I WAS DIRECTLY ACROSS THE STREET.
Q. HOW BIG IS THIS MOTOR HOME?
A. IT’S LARGE. I DON’T KNOW THE EXACT FOOTAGE, BUT IT’S LARGE.
Q. AND IT WASN’T THERE OR YOU JUST DIDN’T NOTICE?
A. I DIDN’T NOTICE.
Q. DID YOU CONTACT ANYBODY ABOUT THE FLYERS?
A. I TALKED TO A POLICEMAN ON THE SCENE WHO I RECOGNIZED FROM BASEBALL. AND THEY WERE STILL IN THE PART OF THE PROCESS OF PUTTING THEM TOGETHER. I DID GO BACK UP THERE BEFORE I LEFT TO GO BACK TO THE FIELDS AGAIN AND TOOK FLYERS BACK UP TO OUR FIELDS.
Q. WHY DID YOU CONTACT A POLICE OFFICER UP THERE AT THAT INTERSECTION?
A. I JUST HAPPENED TO KNOW HIM FROM LITTLE LEAGUE. I MEAN I RECOGNIZED HIM. HIS SON PLAYS IN MY LITTLE LEAGUE.
Q. AND YOU WANTED TO HELP.
A. YES.
Q. WHEN WAS THE NEXT TIME YOU WERE OUT, ABLE TO SEE THE WESTERFIELD RESIDENCE THAT WEEKEND?
A. I LEFT MY HOUSE VARIOUS TIMES THROUGHOUT THE COURSE OF THE DAY. I HAD ANOTHER BASEBALL PRACTICE. I’M THE PRESIDENT OF OUR LITTLE LEAGUE. I HAD A MEETING WITH THE TEAM THAT HAD NO MANAGER. I NEEDED TO LEAVE AGAIN TO PICK UP MY HUSBAND AT THE SAN DIEGO AIRPORT. I WENT TO A BASKETBALL GAME THAT MY SON WAS INVOLVED IN, AND I RETURNED BACK TO MY NEIGHBORHOOD AT ABOUT APPROXIMATELY 4:15.
Q. DID YOU SEE THE MOTOR HOME AT THAT TIME?
A. YES, I DID.
Q. WHERE WAS IT?
A. I WAS — WHEN I CAME BACK AT 4:15, I WENT STRAIGHT TO THE INTERSECTION AGAIN BECAUSE EVERYTHING HAD — THE SEARCH EVIDENTLY HAD INTENSIFIED IN THE THREE HOURS I HAD BEEN GONE TO SEE IF THERE HAD BEEN ANY CHANGES. I WAS STANDING ON THE CORNER OF MOUNTAIN PASS AND BRIARLEAF TALKING TO TWO PEOPLE. AND I NOTICED THE MOTOR HOME COMING UP BRIARLEAF WHICH WOULD HAVE ESSENTIALLY PASSED MY HOME AND STOPPED AT THE INTERSECTION OF MOUNTAIN PASS AND BRIARLEAF WAY. IT EVENTUALLY TURNED RIGHT ONTO MOUNTAIN PASS. I DON’T KNOW WHERE IT WENT FROM THERE.
Q. DO YOU KNOW WHOSE MOTOR HOME IT WAS?
A. YES, I DO.
Q. MR. WESTERFIELD’S?
A. YES, IT WAS.
Q. SO WE HAVE THE — DO ANY OF THE PHOTOGRAPHS SHOW THE INTERSECTION WHERE YOU SAW IT TURN? YOU CAN USE THE LETTERS OF THE PHOTOGRAPHS THAT BEST DESCRIBE.
A. IT WOULD BE TURNING, COMING UP THIS WAY IN PHOTOGRAPH E AND TURNING RIGHT THAT WAY.
Q. WOULD YOU, SO WE CAN GET AN IDEA OF WHAT YOU’RE TELLING US, COULD YOU TAKE THIS GREEN FELT PEN FOR PHOTOGRAPH E AND DRAW A LINE WHERE YOU SAW IT GO ON PHOTOGRAPH E.
A. (THE WITNESS COMPLIED.)
Q. AND PUT AN ARROW SO WE KNOW WHICH WAY IT’S GOING.
A. (THE WITNESS COMPLIED.)
Q. THANK YOU.
DID YOU EVENTUALLY SEE IT PARK?
A. I DID NOT.
Q. AND, AGAIN, THE TIMING, HOW CERTAIN ARE YOU ABOUT THE TIMING?
A. I’M EXTREME — I’M VERY CLOSE ON MY TIME. I WAS ONLY BACK IN THE NEIGHBORHOOD I — MY SON’S BASKETBALL GAME FINISHED AT 4:00. I GOT TO CARMEL MOUNTAIN RANCH REC. CENTER, CAME IMMEDIATELY HOME, DID NOT GET OUT OF THE CAR, WENT STRAIGHT UP TO THE INTERSECTION. I WAS UP THERE FOR A SHORT PERIOD OF TIME BEFORE I DID SEE THE MOTOR HOME. I THEN LEFT AT 4:30 AS MY SON HAD A 5:00 O’CLOCK BIRTHDAY PARTY, AND I HAD NEGLECTED TO BUY A PRESENT, SO WE HAD TO GO INTO BLOCKBUSTER TO BUY ONE.
Q. DID YOU SEE WHO WAS DRIVING THE MOTOR HOME?
A. YES, I DID.
Q. WHO WAS IT?
A. IT WAS DAVID WESTERFIELD.
Q. COULD YOU TELL OR COULD YOU SEE ANYBODY ELSE INSIDE THE MOTOR HOME?
A. I DID NOT SEE ANYONE.
Q. DID YOU SEE HIM EVER GET OUT OF THAT MOTOR HOME AND BE ON THE STREET THERE?
A. I DID NOT SEE HIM GET OUT OF THE MOTOR HOME. THE NEXT TIME I SAW HIM, HE DID COME DOWN, AND I NOTICED HE WAS BEHIND ME TALKING WITH MY NEIGHBOR ACROSS THE STREET, MARK.
Q. WERE THERE ANY POLICE OFFICERS OUT AT THAT TIME?
A. THERE WERE POLICE OFFICERS EVERYWHERE.
MR. DUSEK: THANK YOU, MA’AM.
THE COURT: ALL RIGHT.
CROSS-EXAMINATION.
CROSS-EXAMINATION
BY MR. BOYCE:
Q. GOOD AFTERNOON, MRS. CRUM.
A. GOOD AFTERNOON.
Q. THIS AFTERNOON, FEBRUARY 2ND, THAT YOU’VE TOLD US ABOUT ABOUT 4:15 I BELIEVE YOU DESCRIBED THE NEIGHBORHOOD AS A ZOO DUE TO THE MEDIA.
A. YES. I THINK I USED THAT WORD.
Q. YOU SAW — YOU ALSO SAW SEVERAL — OR MANY POLICE OFFICERS OUT IN THAT AREA. IS THAT CORRECT?
A. YES, I DID.
Q. DID YOU TALK TO ANY OF THEM THAT AFTERNOON?
A. AT THE 4:30 TIME FRAME?
Q. YES.
A. NO, I DID NOT.
Q. AND I BELIEVE YOU SAID THAT YOU SAW MR. WESTERFIELD TALKING TO ANOTHER NEIGHBOR THERE. IS THAT CORRECT?
A. YES, I DID.
Q. AND THIS WAS AFTER YOU SAW MR. WESTERFIELD DRIVING AROUND, IT APPEARED HE HAD A HARD TIME FINDING A PARKING PLACE FOR HIS MOTOR HOME.
A. I MADE A COMMENT I WONDERED WHERE HE WAS GOING TO PARK THE MOTOR HOME.
Q. AND THAT WAS BECAUSE OF ALL THE MEDIA TRUCKS OUT IN THE AREA.
A. YES.
Q. SOME TIME LATER YOU DIDN’T SEE WHERE THE MOTOR HOME WAS PARKED, DID YOU?
A. I DID NOT.
Q. BUT YOU SAW MR. WESTERFIELD TALKING TO ANOTHER NEIGHBOR OF YOURS?
A. YES, I DID.
Q. THAT WAS MARK ROEHR?
A. YES, IT WAS.
Q. MR. WESTERFIELD WAS TALKING TO MARK ROEHR AND HIS WIFE?
A. I BELIEVE IT WAS HIS WIFE.
Q. AND YOU ALSO SAW ONE OF MR. ROEHR’S DAUGHTERS IN THE CONVERSATION?
A. YES, I DID.
Q. YOU FIRST MET MR. WESTERFIELD HOW LONG BEFORE FEBRUARY 1ST?
A. IT HAD BEEN SEVERAL YEARS AGO AFTER HE FIRST MOVED INTO THE NEIGHBORHOOD.
Q. YOU MET HIM AT A PARTY IN THE NEIGHBORHOOD?
A. I DID. AT THE ROEHRS’ HOME.
Q. YOU’VE ALSO MET MR. WESTERFIELD’S SON I BELIEVE.
MR. DUSEK: OBJECTION. IRRELEVANT.
THE COURT: OVERRULED.
YOU CAN SAY YES OR NO.
THE WITNESS: YES, I HAVE.
BY MR. BOYCE:
Q. THE DAY BEFORE FEBRUARY 1ST, DID YOU SEE — DO YOU KNOW WHO THE VAN DAMS ARE?
A. YES, I DO.
Q. DID YOU SEE DANIELLE VAN DAM IN THE NEIGHBORHOOD?
A. I SAW — I BOUGHT GIRL SCOUT COOKIES FROM DANIELLE VAN DAM, AND IT WAS EITHER ON WEDNESDAY OR THURSDAY AFTERNOON.
Q. YOU WOULD SEE DANIELLE ON HER BICYCLE OCCASIONALLY NEAR YOUR HOME?
A. OCCASIONALLY.
Q. THERE WAS ALSO A PARK IN YOUR NEIGHBORHOOD.
A. YES, THERE IS.
Q. YOU ALSO HAVE A SON, DON’T YOU?
A. I HAVE THREE SONS.
Q. THREE SONS.
AND THEY GO TO THE PARK TO PLAY?
A. YES, THEY DO.
Q. HOW ABOUT OTHER CHILDREN IN THE NEIGHBORHOOD, DO THEY ALSO — YOU SEE THEM GOING TO THE PARK TO PLAY?
A. THE BOYS GO UP THERE AND PLAY FOOTBALL.
Q. THERE’S ALSO SOME OF YOUR NEIGHBORS HAVE SWIMMING POOLS, DON’T THEY?
A. YES.
Q. AND THE CHILDREN IN THE NEIGHBORHOOD GO TO THE NEIGHBORS’ SWIMMING POOLS TO SWIM AND PLAY.
A. I HAVE A SWIMMING POOL, SO A LOT OF THE CHILDREN COME TO MY HOME AND SWIM.
Q. VARIOUS CHILDREN IN THE NEIGHBORHOOD, IS THAT RIGHT?
A. MY CHILDREN’S FRIENDS.
Q. YOU’VE ALSO SEEN MR. WESTERFIELD’S MOTOR HOME PARKED OUT IN THE AREA OF HIS HOME?
A. YES, I HAVE.
Q. AND YOU’VE SEEN THIS FREQUENTLY, HAVEN’T YOU?
A. IT WOULD BE THERE FOR A DAY OR TWO, AND THEN BE — IT WOULD BE GONE, AND THEN IT WOULD COME BACK.
Q. SOMETIMES YOU WOULD SEE THE MOTOR HOME PARKED IN FRONT OF HIS NEIGHBOR’S HOME, TOO.
A. HE WOULD GENERALLY EITHER PARK IT ON MOUNTAIN PASS OR HE WOULD PARK IT ON BRIARLEAF UP ON THE SIDE OF HIS HOME.
Q. IF HE WAS GOING TO LEAVE THE MOTOR HOME, IF THE MOTOR HOME WAS THERE FOR A PERIOD OF TIME, IT APPEARED THAT HE WOULD PARK IT ON BRIARLEAF, IS THAT CORRECT?
A. I HAVE SEEN IT PARKED IN BOTH AREAS.
Q. YOU’VE ALSO SEEN MR. WESTERFIELD SPEND A LOT OF TIME OUTSIDE WITH HIS GARAGE DOOR OPEN.
A. YES, I HAVE.
Q. THE MOTOR HOME CAUSED A LOT OF DISCUSSION IN THE NEIGHBORHOOD, DIDN’T IT?
A. I WAS NEVER AWARE OF THE DISCUSSION.
Q. BUT YOU WERE AWARE THAT IT BOTHERED SOME PEOPLE, THE MOTOR HOME, —
MR. DUSEK: OBJECTION. SPECULATION.
BY MR. BOYCE:
Q. — IN THE NEIGHBORHOOD.
THE COURT: SUSTAINED WITHOUT FOUNDATION.
BY MR. BOYCE:
Q. WERE YOU AWARE THAT IT BOTHERED SOME PEOPLE IN THE NEIGHBORHOOD THAT HE WAS PARKING HIS MOTOR HOME —
A. I WAS NOT AWARE OF IT UNTIL THE RECENT EVENTS. IT WAS NEVER A PROBLEM FOR THE PEOPLE WHO LIVED ON MY STREET.
(DISCUSSION OFF THE RECORD BETWEEN MR. BOYCE ND MR. FELDMAN.)
BY MR. BOYCE:
Q. DO YOU RECALL TALKING TO AN INVESTIGATOR AND TELLING THE INVESTIGATOR THAT IT BOTHERED SOME PEOPLE IN THE NEIGHBORHOOD THAT THE MOTOR HOME WAS PARKED NEAR THEIR HOME?
A. YES, I DO.
Q. AND THAT WAS A TRUE STATEMENT, WASN’T IT?
A. YES, IT WAS.
MR. BOYCE: I HAVE NOTHING FURTHER.
THE COURT: ANYTHING FURTHER?
REDIRECT EXAMINATION
BY MR. DUSEK:
Q. YOU BOUGHT COOKIES FROM DANIELLE.
A. YES, I DID.
Q. WAS SHE WITH ANYBODY?
A. SHE WAS WITH HER MOTHER AND HER TWO BROTHERS.
Q. THE MEDIA TRUCKS THAT YOU TALKED ABOUT, WHERE WERE THEY?
A. THEY WERE PARKED MOSTLY ON MY STREET, ON BRIARLEAF, AND AROUND BOTH CORNERS OF MOUNTAIN PASS. DO YOU MEAN THAT DAY?
Q. YES. I’M SORRY.
A. OKAY. ON THAT PARTICULAR DATE THEY WERE — THERE WERE LESS OF THEM. OBVIOUSLY THEY WERE COMING INTO THE NEIGHBORHOOD. MOST OF THEM ON THAT DAY WERE PARKED ON MOUNTAIN PASS. IT WASN’T UNTIL THEY SET UP THE COMMAND POST THAT THEY MOVED ONTO BRIARLEAF.
Q. WHICH PART OF MOUNTAIN PASS, ARE YOU ABLE TO SAY?
A. YES. IT WAS ACTUALLY IN FRONT OF THE VAN DAMS’ HOME, DOWN TO THE CORNER IN FRONT OF — THE CORNER OF MR. WESTERFIELD’S HOUSE ON UP TO WHERE THE PARK.
Q. WAS YOUR HOUSE EVER SEARCHED?
A. MY HOUSE WAS SEARCHED SEVERAL TIMES.
Q. BY?
A. IT WAS SEARCHED SATURDAY NIGHT BY TWO SAN DIEGO POLICEMEN. AND THEN I BELIEVE ON MONDAY AFTERNOON THEY CAME BACK WITH THE DOGS, AND THEN THEY CAME BACK ONE MORE TIME WITH THE DOGS.
MR. DUSEK: THANK YOU, MA’AM.
THE COURT: ANYTHING FURTHER?
RECROSS-EXAMINATION
BY MR. BOYCE:
Q. WHEN YOU SAY THEY SET UP THE COMMAND POST, WHO DO YOU MEAN BY THEY?
A. SAN DIEGO POLICE DEPARTMENT I ASSUME.
MR. BOYCE: THANK YOU.
NOTHING FURTHER.
THE COURT: IS THIS WITNESS TO BE EXCUSED?
MR. DUSEK: YES.
MR. BOYCE: YES.
THE COURT: MA’AM, IT SOUNDS LIKE YOU’VE GOT PLENTY OF TIME ON YOUR HANDS, SO I BETTER LET YOU GO BECAUSE ONE OF THOSE THREE BOYS PROBABLY NEEDS A RIDE SOMEWHERE.
ALL RIGHT, MA’AM, PLEASE REMEMBER THE ADMONITION NOT TO DISCUSS YOUR TESTIMONY WITH ANY PERSONS UNTIL THE CASE IS CONCLUDED.
THE WITNESS: THANK YOU.
THE COURT: THANK YOU FOR COMING IN.
(THE WITNESS WAS EXCUSED.)
THE COURT: ALL RIGHT. MR. DUSEK.
MR. DUSEK: MARTIN FRANKLIN.
MARTIN FRANKLIN, CALLED AS A WITNESS BY THE PLAINTIFF, HAVING BEEN DULY SWORN, TESTIFIED AS FOLLOWS:
THE CLERK: SIR, PLEASE STATE YOUR NAME AND SPELL IT FOR THE RECORD.
THE WITNESS: MARTIN FRANKLIN. M-A-R-T-I-N F-R-A-N-K-L-I-N.
DIRECT EXAMINATION
BY MR. DUSEK:
Q. WHAT TYPE OF WORK DO YOU DO, SIR?
A. I’M A SOFTWARE ENGINEER.
Q. ARE YOU MARRIED?
A. YES.
Q. DO YOU HAVE ANY CHILDREN?
A. YES.
Q. HOW MANY?
A. TWO.
Q. BOYS OR GIRLS?
A. ONE BOY, ONE GIRL.
Q. AND HOW OLD ARE THEY?
A. THE BOY’S NINE, THE GIRL IS FIVE.
Q. AND WHAT PART OF TOWN DO YOU LIVE IN?
A. SABRE SPRINGS.
Q. ON WHAT STREET? I DON’T NEED THE ADDRESS.
A. OAKVIEW WAY.
Q. DO YOU KNOW WHERE THE INTERSECTION OF MOUNTAIN PASS AND BRIARLEAF IS?
A. I DO.
Q. HOW DO YOU GET TO YOUR STREET FROM THAT INTERSECTION?
A. YOU DRIVE THROUGH THAT INTERSECTION UP THE TOP OF THE HILL.
Q. ON WHAT STREET?
A. ON MOUNTAIN PASS.
Q. DO YOU NOW KNOW WHERE THE VAN DAMS LIVE?
A. YES.
Q. FROM THAT INTERSECTION DO YOU HAVE TO DRIVE BY THE VAN DAM HOME?
A. YES.
Q. I WOULD LIKE TO DIRECT YOUR ATTENTION BACK TO FEBRUARY 2ND, A SATURDAY IN THE MORNING. WERE YOU AT HOME THAT DAY?
A. YES.
Q. DID YOU LEAVE HOME THAT DAY?
A. YES.
Q. ABOUT WHAT TIME?
A. ABOUT 9:00 A.M.
Q. HOW CAN YOU TELL US IT WAS 9:00 O’CLOCK?
A. THAT WAS THE TIME OF MY KIDS’ TAE KWON DO CLASS.
Q. WERE THEY DUE THERE OR —
A. THEY WERE DUE THERE AT 9:00, AND WE WERE A LITTLE LATE.
Q. WHERE DID YOU GO FROM YOUR HOME TO GET TO THE TAE KWON DO?
A. I DROVE ALONG OAKVIEW WAY AND DOWN MOUNTAIN PASS THROUGH THE INTERSECTION AND THEN MADE A LEFT ON SABRE SPRINGS.
Q. DID YOU COME TO KNOW WHERE DAVID WESTERFIELD LIVED?
A. YES.
Q. DID YOU KNOW HIM AT THE TIME?
A. NO.
Q. LET ME DIRECT YOUR ATTENTION TO THE AERIAL PHOTOGRAPHS WE HAVE BEHIND YOU, COURT’S EXHIBIT 1. DO YOU SEE WHAT WE HAVE DEPICTED THERE?
A. YES.
Q. DO YOU SEE THE INTERSECTION OF MOUNTAIN PASS AND BRIARLEAF?
A. YES.
Q. AND DO YOU SEE THE HOUSE THAT YOU HAVE COME TO KNOW AS THE WESTERFIELD RESIDENCE?
A. YES.
Q. IN WHICH PHOTOGRAPH?
A. B.
Q. LET ME ASK YOU TO USE THE POINTER AND POINT TO THE HOUSE THAT YOU BELIEVE IS THE WESTERFIELD HOME ON PHOTOGRAPH B.
A. THAT HOUSE THERE.
Q. AND IS IT THE ONE THAT HAS THE D. W. ON THE ROOF?
A. YES.
Q. AS YOU PASSED THAT AREA TO TAE KWON DO, DID YOU NOTICE ANY VEHICLES AROUND THAT HOUSE AT 9:00 O’CLOCK?
A. I SAW AN R.V. PARKED RIGHT ABOUT HERE.
Q. ALL RIGHTY. COULD YOU TAKE THE BLACK FELT PEN THAT SHOULD BE TO YOUR LEFT AND MOVE TO THAT PHOTOGRAPH AND PUT A RECTANGLE AT THAT APPROXIMATE LOCATION.
A. (THE WITNESS COMPLIED.)
ABOUT THERE.
Q. THANK YOU, SIR. YOU’VE DONE THAT.
AND AS IT WAS PARKED THERE, WAS IT PARKED LEGALLY —
A. YES.
Q. — OR ILLEGALLY?
A. IT WAS FACING THE FRONT, THE DRIVER’S SIDE WAS FACING UP THAT WAY.
Q. DID YOU SEE ANYBODY AROUND THE R.V. AT THAT TIME?
A. I SAW WHAT I CAME TO KNOW AS MR. WESTERFIELD STANDING BETWEEN HIS HOUSE AND THE R.V. RIGHT THERE.
Q. HOW COULD YOU SEE THAT, SIR, FROM THE WAY YOU WERE COMING?
A. I DIDN’T SEE HIM UNTIL I STOPPED AT THE STOP SIGN, AND THEN I COULD SEE HIM THERE.
Q. ALL RIGHT.
A. AS I STOPPED AT THE STOP SIGN, I SAW HIM WHEN I LOOKED LEFT TO MAKE SURE THERE WAS NO TRAFFIC COMING.
Q. COULD YOU TELL WHAT HE WAS DOING?
A. JUST STANDING IN THE FRONT, BY THE SIDE OF HIS R.V.
Q. DO YOU KNOW IF ANY OF THE DOORS WERE OPEN?
A. I DON’T RECALL ANY OF THE DOORS BEING OPENED.
Q. DO YOU KNOW IF ANYTHING WAS ON HIS LAWN?
A. I DON’T RECALL.
Q. HOW LONG WERE YOU AT THAT INTERSECTION, WOULD YOU SAY?
A. A FEW SECONDS.
Q. THEN WHERE DID YOU GO?
A. DROVE UP THE STREET THIS WAY, MADE A LEFT, AND THAT TAKES US TO TAE KWON DO.
Q. SO BY UP THE STREET YOU WENT UP MOUNTAIN PASS TO SPRINGHURST.
A. YES.
Q. THEN TURNED LEFT?
A. YES.
Q. WHAT TIME DID YOU COME BACK TO THE NEIGHBORHOOD, SIR?
A. ABOUT BETWEEN 10:00 AND 10:15.
Q. DID YOU GO BY THE WESTERFIELD RESIDENCE?
A. YES, I DID.
Q. DID YOU SEE THE MOTOR HOME THERE?
A. I DID NOT.
Q. HAD YOU SEEN THAT MOTOR HOME IN THE NEIGHBORHOOD ON EARLIER OCCASIONS —
A. YES, I HAVE.
Q. — FROM THAT DATE?
A. M-HM.
Q. FEBRUARY. WHEN WAS THE MOST RECENT TIME YOU HAD SEEN IT BEFORE, APPROXIMATELY?
A. THE PREVIOUS YEAR SOME TIME. I DON’T RECALL EXACTLY WHEN.
Q. YOU DIDN’T KEEP TRACK ON A CALENDAR?
A. NO.
Q. HOW OFTEN DO YOU GO BY THAT INTERSECTION, SIR?
A. TWICE A DAY ON AVERAGE.
Q. GOING WHERE OR DOING WHAT?
A. GOING TO AND FROM WORK. GOING TO AND FROM WHEREVER WE’RE GOING. IT’S THE NORMAL WAY WE GO.
Q. DO YOU HAVE TO GO THROUGH THAT INTERSECTION TO LEAVE YOUR HOUSE AND GO ANYWHERE?
A. THERE IS ANOTHER WAY, BUT THAT’S THE WAY WE USUALLY USE.
Q. THROUGH THE WESTERFIELD RESIDENCE IS THE WAY YOU USUALLY USE?
A. YES.
Q. LATER THAT DAY IN THE AFTERNOON, DID YOU BECOME AWARE THAT SOMETHING WAS GOING ON IN THE NEIGHBORHOOD?
A. YES, I DID.
Q. HOW?
A. ONCE I DROVE BACK AFTER TAE KWON DO, I SAW TWO POLICE CARS IN FRONT OF DANIELLE’S HOUSE, AND THEN ABOUT HALF AN HOUR TO AN HOUR LATER THE HELICOPTER FLEW OVER ANNOUNCING THAT COULD THE NEIGHBORHOOD LOOK FOR THE CHILD.
Q. DID YOU EVER GO BACK TO MOUNTAIN PASS THAT DAY TO SEE WHAT WAS GOING ON?
A. NO. I DON’T BELIEVE WE DID.
Q. DID POLICE OFFICERS EVER CONTACT YOU OR OUR FAMILY AT YOUR HOUSE?
A. YES. A SHERIFF’S OFFICER CAME BY THAT EVENING LOOKING FOR DANIELLE.
Q. DID THEY SEARCH YOUR RESIDENCE?
A. THEY DID NOT.
Q. AT ANY TIME DID THEY SEARCH YOUR HOUSE OR YOUR YARD?
A. NO.
MR. DUSEK: THANK YOU, SIR.
THE COURT: ALL RIGHT.
CROSS-EXAMINATION.
CROSS-EXAMINATION
BY MR. BOYCE:
Q. GOOD AFTERNOON, MR. FRANKLIN.
WHEN YOU HAD SEEN — I TAKE IT YOU HAD SEEN THIS MOTOR HOME BEFORE, HADN’T YOU?
A. YES.
Q. WHEN YOU HAD SEEN THE MOTOR HOME BEFORE, YOU THOUGHT IT BELONGED TO THE PEOPLE ACROSS THE STREET, IS THAT RIGHT?
A. YES.
Q. AND THAT’S BECAUSE YOU RECALL BEING PARKED ON THE OTHER SIDE OF THE STREET —
A. YES.
Q. — FROM WHERE YOU’VE INDICATED IT ON PHOTOGRAPH B OF EXHIBIT 1.
A. YES.
Q. GOT TO WAIT UNTIL I FINISH THE QUESTION.
A. SORRY.
Q. ‘CAUSE HE CAN’T — THE COURT REPORTER CAN’T TAKE US BOTH DOWN AT THE SAME TIME.
(DISCUSSION OFF THE RECORD BETWEEN MR. BOYCE
AND MR. FELDMAN.)
BY MR. BOYCE:
Q. NOW, WHEN YOU SAW THE MOTOR HOME ON FEBRUARY 2ND THAT YOU’VE TOLD US ABOUT, I BELIEVE YOU SAW MR. WESTERFIELD DRAINING SOMETHING FROM THE MOTOR HOME.
A. THAT’S CORRECT. YES.
Q. DRAINING SOME WATER.
A. YES.
Q. WITH A HOSE.
A. YES.
Q. CAN YOU TELL COLOR?
A. YES.
Q. AND WHAT COLOR WAS THE HOSE?
A. RED.
Q. DID YOU — WERE YOU ONE OF THE NEIGHBORS THAT COMPLAINED ABOUT THE MOTOR HOME?
A. NO.
Q. ARE YOU AWARE OF WHETHER THE — DO YOU KNOW WHAT C. C. AND R.’S ARE?
A. YES.
Q. THOSE ARE THE RULES THAT GOVERN WHAT YOU CAN AND CAN’T DO IN YOUR COMMUNITY, RIGHT?
A. YES.
Q. ARE YOU AWARE OF WHAT THE C. C. AND R.’S SAY ABOUT PARKING MOTOR HOMES IN YOUR AREA?
A. I’M NOT AWARE, NO.
Q. YOU SAID THAT YOU DIDN’T KNOW BEFORE FEBRUARY 2ND THAT THAT WAS DAVID WESTERFIELD’S HOUSE.
A. THAT’S CORRECT.
Q. WHEN DID YOU LEARN?
A. PROBABLY ON THE MONDAY.
Q. HOW DID YOU LEARN?
A. FROM THE NEWS.
Q. DID YOU KNOW THE VAN DAMS?
A. NO.
MR. BOYCE: NOTHING FURTHER. THANK YOU.
THE COURT: ALL RIGHT.
THANK YOU VERY MUCH.
MR. DUSEK: I’M SORRY. JUST TWO AREAS.
THE COURT: OKAY.
REDIRECT EXAMINATION
BY MR. DUSEK:
Q. DO YOU RECALL THE FIRST TIME YOU HEARD ANY MEDIA COVERAGE OF DANIELLE BEING MISSING, EITHER T.V. OR RADIO?
A. THAT DAY. THE TUESDAY, THE SATURDAY THE 2ND.
Q. WHEN ON THE DAY, DO YOU REMEMBER?
A. SOME TIME IN THE AFTERNOON IT GOT ANNOUNCED.
Q. T.V. OR RADIO, DO YOU REMEMBER?
A. IT WOULD HAVE BEEN THE T.V.
Q. AND YOU THINK THE HOSE WAS RED?
A. YES.
Q. LET ME SHOW YOU WHAT’S BEEN MARKED AS COURT’S EXHIBIT 28. DO YOU SEE THE HOUSE UP THERE UNDER PHOTOGRAPH A? IS THAT RIGHT?
A. YES.
Q. DOES THAT LOOK LIKE THE WESTERFIELD RESIDENCE?
A. YES.
Q. DO YOU SEE THE PHOTOGRAPH B?
A. YES.
Q. DO YOU SEE THE HOSE?
A. YES.
Q. DOES THAT LOOK LIKE THE HOSE?
A. NO.
Q. YOU THOUGHT IT WAS RED?
A. THAT’S NOT THE HOSE.
Q. THAT’S NOT?
A. THAT’S NOT THE HOSE.
Q. OKAY.
WHERE WAS THE HOSE COMING FROM THAT YOU SAW?
A. IT WAS COMING FROM THE MOTOR HOME, AND IT WAS MUCH SHORTER THAN THAT.
Q. WHAT WAS AT THE OTHER END OF THE HOSE? WAS IT CONNECTED TO SOMETHING?
A. NO. IT WAS NOT CONNECTED TO ANYTHING; IT WAS DRAINING INTO THE STREET.
Q. OKAY.
AND THIS HOSE APPEARS TO BE CONNECTED TO THE HOUSE OVER THERE BY THE GARAGE.
A. YES.
Q. ALL RIGHT.
MR. DUSEK: THANK YOU, SIR.
THE COURT: ANYTHING FURTHER, MR. BOYCE?
MR. BOYCE: NO, YOUR HONOR.
THE COURT: IS THIS WITNESS TO BE EXCUSED?
MR. BOYCE: YES.
THE COURT: MR. DUSEK?
MR. DUSEK: YES. I’M SORRY.
THE COURT: ALL RIGHT.
SIR, THANK YOU VERY MUCH FOR COMING IN. PLEASE REMEMBER THE ADMONITION NOT TO DISCUSS YOUR TESTIMONY WITH ANYONE UNTIL THE CASE IS CONCLUDED. OKAY?
THE WITNESS: YES.
THE COURT: THANK YOU.
(THE WITNESS WAS EXCUSED.)
THE COURT: ALL RIGHT. LADIES AND GENTLEMEN, WE ARE GOING TO GO AHEAD AND TAKE THE AFTERNOON BREAK.
JUROR 13, I’VE GOT YOUR NOTE, SO IF YOU WILL REMAIN BEHIND, WE WILL DISCUSS IT WITH YOU.
PLEASE REMEMBER THE ADMONITION OF THE COURT NOT TO DISCUSS ANY OF THE EVIDENCE OR TESTIMONY AMONG YOURSELVES OR WITH OTHER PERSONS.
HAVE A PLEASANT LUNCH. PLEASE DO NOT FORM OR — LUNCH? BREAK. HAVE A PLEASANT BREAK. WE WILL SEE YOU AT MAKE IT 3:10, PLEASE. 3:10.
(THE JURY RECESSED AT 2:55 O’CLOCK, P.M.)
(THE FOLLOWING OCCURRED OUT OF THE PRESENCE OF THE
JURY:
THE COURT: OKAY. THE RECORD SHOULD REFLECT ALL JURORS AND ALTERNATES APART FROM JUROR 13 HAVE LEFT THE COURTROOM.
JUROR 13, I’VE RECEIVED YOUR NOTE INDICATING YOU NEEDED TO DISCUSS SOMETHING ABOUT DAD’S.
JUROR NUMBER 13: YEAH. I’M GOING TO — WE’RE GOING TO CHANGE THE LOCATION OF OUR REUNION.
THE COURT: OH.
JUROR NUMBER 13: I JUST WANTED TO LET YOU KNOW THAT BECAUSE I’M IN CHARGE OF THE REUNION AND I KNOW THAT IF I WENT IN THERE THEY WOULD COME IN AND TALK TO ME. DOES THAT MAKE SENSE?
THE COURT: MAKES A LOT OF SENSE TO ME. AND I’M GLAD YOU’RE ABLE TO RE-DO —
JUROR NUMBER 13: ON SHORT NOTICE, YEAH.
THE COURT: OKAY. THAT’S GREAT. AND WE WON’T TELL ANYBODY WHERE IT’S GOING TO BE SO YOU ARE NOT BOTHERED.
JUROR NUMBER 13: GREAT. THANKS.
THE COURT: ALL RIGHT. WE WILL SEE YOU AT 3:10.
ALL RIGHT. WE WILL BE IN RECESS.
(END OF PROCEEDINGS OUT OF THE PRESENCE OF THE JURY.)
(RECESS, 2:56 O’CLOCK, P.M., TO 3:10 O’CLOCK, P.M.)
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