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

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



WITNESSES:
Jon Stinebaugh (journalist KFMB TV, lived in Westerfield’s area, testified about the motor home, driver etc.),
John Meerchaum (attorney, lived in Westerfield’s area, testified about the motor home, driver etc.),
Ronald Wood (unemployed, lived in Westerfield’s area, testified about the motor home, driver etc.)

4632
1 THE COURT: LADIES AND GENTLEMEN, WELCOME BACK. I’M

2 PLEASED TO ANNOUNCE SOMETHING I HAVE NOT BEEN ABLE TO ANNOUNCE

3 FOR A LONG TIME. THE PADRES WON. NOW THEY’RE COMING HOME, SO

4 HOLD ON TO YOUR HATS.

5 ALL RIGHT. MR. DUSEK, PLEASE, YOUR NEXT WITNESS.

6 MR. DUSEK: JON STINEBAUGH.

7 THE COURT: ALL RIGHT.

8 OH, LADIES AND GENTLEMEN, THE BLONDE HEAD THAT YOU

9 SEE RIGHT THERE IS JACKIE, AND SHE’S TAKING PEGGY’S PLACE THIS

10 AFTERNOON.
11

12

13 -JON STINEBAUGH,+

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

15

16 THE COURT: PLEASE HAVE A SEAT, SIR.

17 THE CLERK: PLEASE STATE YOUR NAME AND SPELL YOUR NAME

18 FOR THE RECORD.

19 THE WITNESS: NAME IS JON STINEBAUGH. IT’S SPELLED

20 J-O-N, LAST NAME IS S-T-I-N-E-B-A-U-G-H, STINEBAUGH.

21 THE CLERK: THANK YOU.

22

23 DIRECT EXAMINATION +

24 BY MR. DUSEK:

25 Q. HOW ARE YOU EMPLOYED, MR. STINEBAUGH?

26 A. I WORK FOR KFMB TV.

27 Q. WHAT DO YOU DO?

28 A. I’M A PHOTO JOURNALIST.
4633
1 Q. WHAT PART OF TOWN DO YOU LIVE IN?

2 A. SABRE SPRINGS.

3 Q. ON WHAT STREET? I DON’T NEED THE ADDRESS.

4 A. DAPPLE WAY.

5 Q. WHERE WAS THAT IN RELATION TO MOUNTAIN PASS?

6 A. IT’S BASICALLY AROUND THE CORNER OFF — OFF OF

7 BRIARDALE AND — OFF BRIARDALE OFF DAPPLE COURT.

8 Q. BRIARLEAF?

9 A. YES. THANK YOU.

10 Q. THE HOUSES ON DAPPLE COURT, DO THEY BACK UP TO THE

11 HOUSES ON MOUNTAIN PASS?

12 A. SOME OF THEM — YES, THEY DO, SOME OF THEM. SOME

13 OF THE HOUSES ON BRIAR WAY (SIC), WHICH IS THE STREET I LIVE ON,

14 BACK TO MOUNTAIN PASS. SOME OF THEM DON’T, SOME OF THEM DO.

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

16 2ND OF THIS YEAR. WERE YOU LIVING IN THAT NEIGHBORHOOD AT THAT

17 TIME?

18 A. YES, I WAS.

19 Q. DID YOU LEAVE THAT SATURDAY MORNING AT SOME TIME?

20 A. YEAH, I LEFT TO GO TO WORK AT 9:15.

21 Q. HOW DO YOU KNOW WHAT TIME IT WAS?

22 A. BECAUSE I’M SUPPOSED TO BE AT WORK AT 9:30.

23 Q. HOW FAR DO YOU HAVE TO GO?

24 A. IT’S JUST DOWN TO KEARNY MESA. IT TAKES ROUGHLY 15

25 TO 20 MINUTES TO GET THERE.

26 Q. FROM YOUR HOUSE WHAT STREET DO YOU GO ON TO GET OUT

27 TOWARDS POWAY ROAD?

28 A. DAPPLE COURT TO BRIARLEAF AND THEN I CAN EITHER
4634
1 TURN ON MOUNTAIN PASS OR CONTINUE TO STRAIGHT TO SPRINGHURST.

2 Q. DID YOU COME TO KNOW WHERE AN INDIVIDUAL BY THE

3 NAME OF DAVID WESTERFIELD LIVED?

4 A. I KNOW HIS NAME NOW BUT I DID NOT KNOW HIS NAME AT

5 THE TIME.

6 Q. I’M CONCERNED ABOUT NOW, DO YOU KNOW WHERE HE

7 LIVES?

8 A. YES.

9 Q. DID YOU HAVE TO DRIVE BY HIS RESIDENCE ON YOUR WAY

10 TO WORK THAT DAY?

11 A. YES.

12 Q. AS YOU DROVE BY HIS RESIDENCE DID YOU NOTICE ANY

13 VEHICLES AROUND HIS RESIDENCE?

14 A. ON THE WAY TO WORK DID I NOTICE ANY VEHICLES NEAR

15 HIS RESIDENCE?

16 Q. YES.

17 A. YES.

18 Q. WHAT DID YOU SEE?

19 A. A MOTOR HOME.

20 Q. DESCRIBE THE MOTOR HOME FOR US?

21 A. IT’S A NEWER, FAIRLY LARGE MOTOR HOME, KIND OF AN

22 OFF-WHITE WITH A BROWNISH STRIPE DOWN THE SIDE.

23 Q. AND ABOUT WHAT TIME WOULD YOU SAY IT WAS THAT YOU

24 DROVE BY HIS PLACE?

25 A. RIGHT NEAR 9:15. IT TAKES LESS THAN 30 SECONDS TO

26 GET THERE FROM MY HOUSE.

27 Q. WHERE WAS THAT MOTOR HOME PARKED IN RELATION TO HIS

28 HOUSE?
4635
1 A. IT WASN’T PARKED. IT WAS STATIONARY AT THE FOUR

2 WAY STOP SIGN INTERSECTION BUT IT WAS NOT PARKED.

3 Q. OKAY. WHAT STREET WAS IT ON?

4 A. IT WAS ON MOUNTAIN PASS.

5 Q. POINTED IN WHICH DIRECTION?

6 A. IT WAS FACING WESTBOUND.

7 Q. AND WOULD THAT — WOULD THAT — I’M GOING TO HAVE

8 TO USE OUR AERIALS AGAIN.

9 LET ME SHOW YOU WHAT WE’VE PREVIOUSLY HAD MARKED AS

10 COURT’S EXHIBIT 1, LABELED AT THE TOP “NEIGHBORHOOD AERIALS.”

11 DO YOU RECOGNIZE WHAT WE HAVE DEPICTED THERE, MR.

12 STINEBAUGH?

13 A. YES, I DO.

14 Q. DO YOU SEE ANY OF THOSE PHOTOGRAPHS THAT BEST SHOW

15 THE INTERSECTION OF BRIARLEAF AND MOUNTAIN PASS, THE AREA THAT

16 WE’RE TALKING ABOUT?

17 A. PHOTOGRAPH “B”.

18 Q. AND DO YOU SEE ON THAT PHOTOGRAPH WHERE THE MOTOR

19 HOME WAS WHEN YOU SAW IT?

20 A. YES.

21 Q. WOULD YOU TAKE THAT POINTER RIGHT THERE TO YOUR

22 LEFT AND POINT TO THE LOCATION ON PHOTOGRAPH “B” WHERE IT WAS?

23 A. IT’S RIGHT THERE AT THE STOP SIGN.

24 Q. NOW, WOULD YOU TAKE A BLACK FELT PEN AND DRAW IN A

25 RECTANGLE AT THAT LOCATION WHERE IT WAS? MAKE IT BIG ENOUGH SO

26 WE CAN FIND IT.

27 A. (WITNESS COMPLYING.)

28 Q. WHERE WERE YOU, SIR?
4636
1 A. I HAD APPROACHED THE STOP SIGN ON — SORRY,

2 BRIARLEAF IS IT? I ALWAYS GET BRIARDALE AND BRIAR —

3 Q. BUT THERE ARE TWO SIDES TO THAT STREET ON

4 BRIARLEAF?

5 A. YEAH. I WAS COMING NORTHBOUND FROM THE SOUTH SIDE

6 OF THE INTERSECTION.

7 Q. WERE YOU ON THE SAME SIDE OF MOUNTAIN PASS AS MR.

8 WESTERFIELD’S HOME WAS?

9 A. YES.

10 Q. DID YOU SEE WHAT THE MOTOR HOME DID?

11 A. IT CONTINUED WESTBOUND.

12 Q. WHICH WOULD PUT IT THROUGH THE STOP SIGN AND PAST

13 THE WESTERFIELD HOME?

14 A. YES.

15 Q. COULD YOU TELL WHO THE DRIVER WAS?

16 A. I CAN DESCRIBE THE DRIVER.

17 Q. DO THAT FOR US.

18 A. MAN IN HIS 40S, A LITTLE LARGER THAN AVERAGE BUILD,

19 THINNING HAIR, YOU KNOW, HIGH FOREHEAD AND A GOATEE.

20 Q. DID YOU LATER SEE MR. WESTERFIELD?

21 A. DID —

22 Q. ON TV, ON NEWS, IN THE NEWSPAPER?

23 A. YES.

24 Q. ARE YOU ABLE TO TELL US WHETHER OR NOT IT WAS MR.

25 WESTERFIELD DRIVING THAT VEHICLE?

26 A. NOT A HUNDRED PERCENT, NO.

27 Q. TO WHAT EXTENT?

28 A. JUST THAT THE DESCRIPTION THAT I HAVE MATCHES THE
4637
1 DESCRIPTION OF THE DEFENDANT.

2 Q. WERE YOU ABLE TO SEE IF ANYBODY ELSE WAS IN THAT

3 MOTOR HOME AT THAT TIME?

4 A. I DID NOT SEE ANYBODY ELSE IN THE MOTOR HOME.

5 Q. HOW MUCH OF THE INSIDE OF THE MOTOR HOME COULD YOU

6 SEE?

7 A. JUST THE FRONT COMPARTMENT, THE DRIVER’S AND

8 PASSENGER COMPARTMENT.

9 Q. ONCE THE MOTOR HOME WENT THROUGH THE INTERSECTION

10 WHERE DID YOU GO?

11 A. I CONTINUED NORTHBOUND, AND IT LOOPS DOWN ON A

12 SMALL STREET, ALPINE, AND MEETS WITH SPRINGHURST.

13 Q. SO YOU DROVE ACROSS MOUNTAIN PASS AND CONTINUED ON

14 BRIARLEAF?

15 A. YES.

16 Q. WHAT WERE YOU TRYING TO DO?

17 A. I WAS TRYING TO GET IN FRONT OF THE MOTOR HOME IN

18 CASE IT WENT DOWN SPRINGHURST TOWARDS POWAY ROAD SO I WOULDN’T

19 HAVE TO GET STUCK BEHIND THE MOTOR HOME.

20 Q. DID YOU SUCCEED?

21 A. NO.

22 Q. WHAT HAPPENED?

23 A. AS I WAS AT THE INTERSECTION OF ALPINE AND

24 SPRINGHURST, THE MOTOR HOME PASSED ME AGAIN GOING NORTHBOUND

25 TOWARDS POWAY ROAD.

26 Q. SAME MOTOR HOME?

27 A. SAME MOTOR HOME.

28 Q. WHAT HAPPENED AT THAT POINT?
4638
1 A. THE DRIVER OF THE MOTOR HOME GAVE ME A LITTLE QUICK

2 WAVE AS I WENT BY.

3 Q. DID YOU KNOW MR. WESTERFIELD AT THAT POINT?

4 A. NO, NOT — I KNEW THE PERSON THAT LIVED ON THAT

5 CORNER LIVED — YOU KNOW, LIVED ON THAT CORNER BUT I NEVER HAVE

6 SPOKEN TO HIM.

7 Q. WHAT DO YOU MEAN THAT YOU KNEW HIM?

8 A. WELL, I KNEW WHO — BY LOOKS WHO LIVED AT THAT

9 HOUSE.

10 Q. OKAY.

11 WHERE DID YOU GO ONCE THE MOTOR HOME GOT IN FRONT

12 OF YOU?

13 A. I CONTINUED BEHIND THE MOTOR HOME DOWN TOWARDS

14 POWAY ROAD.

15 Q. AT POWAY ROAD WHAT HAPPENED?

16 A. I TURNED LEFT WESTBOUND ON POWAY ROAD, AND I DON’T

17 RECALL WHICH DIRECTION THE MOTOR HOME WENT.

18 Q. WHEN YOU GET TO POWAY ROAD, WHAT ARE YOUR CHOICES

19 IN THE DIRECTION AS YOU’RE COMING UP SPRINGHURST?

20 A. TO — YOU CAN GO LEFT TO THE 15 TO THE FREEWAY OR

21 YOU CAN GO RIGHT INTO POWAY, OR YOU COULD GO STRAIGHT ACROSS THE

22 STREET IS ANOTHER RESIDENTIAL AREA.

23 Q. AND YOU CAN’T REMEMBER WHERE THE MOTOR HOME WENT?

24 A. I’M PRETTY SURE THAT I WAS THE FIRST ONE AT THE

25 LIGHT WAITING FOR THE LIGHT. I DON’T REMEMBER — I DON’T RECALL

26 BEING STUCK BEHIND THE MOTOR HOME AT THE LIGHT.

27 Q. WHAT DOES THAT MEAN THEN?

28 A. THAT MEANS THAT I DON’T BELIEVE THAT IT WENT MY
4639
1 DIRECTION, BUT I’M NOT SURE AND I DON’T KNOW EXACTLY WHICH WAY

2 IT WENT.

3 Q. DO YOU KNOW IF IT HAD GOTTEN THROUGH THE LIGHT

4 BEFORE YOU HAD?

5 A. NO.

6 Q. WHAT TIME DID YOU COME HOME THAT DAY, SIR?

7 A. I GET OFF WORK AT 6:00, SO SHORTLY AFTER, SOME —

8 MAYBE AROUND 6:30.

9 Q. DID YOU SEE THE MOTOR HOME BACK IN THE NEIGHBORHOOD

10 WHEN YOU GOT BACK THERE?

11 A. NO.

12 Q. WAS THERE MEDIA COVERAGE OR MEDIA PERSONNEL OR

13 VEHICLES BACK THERE?

14 A. YES.

15 Q. WHERE WERE THEY LOCATED?

16 A. FOR SURE, I KNOW ON THE CORNER — IF YOU WANT I CAN

17 POINT — THIS IS BASICALLY THE SAME CORNER ON THIS CORNER HERE

18 AND IN THIS GENERAL AREA I WOULD SAY.

19 Q. AND WHAT YOU’RE INDICATING NOW IS ON EXHIBIT ONE?

20 A. PHOTOGRAPH “B”.

21 Q. PHOTOGRAPH “B” ON THE SIDE OF THE STREET OF

22 MOUNTAIN PASS ON THE OPPOSITE SIDE OF THE STREET FROM THE VAN

23 DAM HOME?

24 A. YES.

25 Q. ABOUT HOW FAR UP THAT STREET WOULD YOU SAY THEY

26 WENT WHEN YOU GOT HOME?

27 A. ACTUALLY, NOT VERY FAR ‘CAUSE, AS I RECALL, THERE

28 WAS YELLOW TAPE THAT CROSSED THIS STREET, MOUNTAIN PASS, ON THE
4640
1 EAST SIDE OF THE INTERSECTION.

2 Q. DO YOU RECALL IF THERE WERE ANY MEDIA TRUCKS ON THE

3 OTHER SIDE OF MOUNTAIN PASS HEADING DOWN TO THE PARK?

4 A. YES. I BELIEVE THERE WAS ON THE NORTH SIDE OF THE

5 STREET.

6 Q. WERE YOU CONTACTED BY LAW ENFORCEMENT REGARDING

7 DANIELLE’S DISAPPEARANCE?

8 A. NO. I CONTACTED THEM.

9 Q. EVENTUALLY WERE ANYBODY AT YOUR HOUSE CONTACTED TO

10 SEARCH YOUR HOUSE?

11 A. YES.

12 Q. WHEN?

13 A. I DON’T RECALL THE EXACT DAY. WE WENT ON VACATION

14 THAT TUESDAY AND DIDN’T COME BACK TILL FRIDAY. ACTUALLY, IT

15 WOULD HAVE BEEN MONDAY BECAUSE I WORKED THAT NIGHT. I KNOW I —

16 I LEFT FOR WORK, WENT TO THE STATION, CAME BACK AND WHEN I — BY

17 THE TIME I CAME BACK TO MY HOUSE, THAT’S WHEN THEY SEARCHED MY

18 HOUSE, BECAUSE I HAD HEARD THAT THEY WERE SEARCHING DOING —

19 HOUSES — HOUSE TO HOUSE WITH THE DOGS. SO I WENT TO MY HOUSE

20 TO HELP OR SEE — ACTUALLY, JUST TO BE THERE.

21 MR. DUSEK: THANK YOU, SIR.

22 THE COURT: CROSS-EXAMINATION.

23

24 CROSS-EXAMINATION +

25 BY MR. FELDMAN:

26 Q. GOOD AFTERNOON, SIR.

27 PRIOR TO COMING TO COURT, DID YOU REVIEW ANY

28 DOCUMENTS TO HELP REFRESH YOUR MEMORY AS TO THE EVENTS?
4641
1 A. YES, I DID.

2 Q. AND TELL US WHAT YOU REVIEWED, PLEASE?

3 A. THE POLICE REPORT I BELIEVE. I HAVE IT IN MY

4 POCKET.

5 Q. GOT IT IN YOUR POCKET?

6 A. YEAH. SAN DIEGO POLICE DEPARTMENT’S INVESTIGATOR’S

7 REPORT.

8 Q. THAT’S THE ONE THAT’S DATED FEBRUARY THE 5TH, IS

9 THAT RIGHT? PAGE TWO? BOTTOM?

10 A. AT THE BOTTOM, YES, FEBRUARY 5TH.

11 Q. NOW, THIS — THE POLICE REPORT — THAT REPORT THAT

12 YOU REVIEWED, THAT REFRESHED YOUR COMMUNICATION THAT YOU HAD

13 WITH LAW ENFORCEMENT ON FEBRUARY THE 5TH; ISN’T THAT CORRECT?

14 A. YES, IT DOES. THERE’S SOME INACCURACIES, YES.

15 Q. THIS IS ANOTHER POLICE REPORT WHERE THE OFFICERS

16 MADE MISTAKES?

17 A. I WOULDN’T SAY MISTAKES, BUT SOME OF THE WAY IT’S

18 WORDED IS A LITTLE MISLEADING. I MEAN, IT’S SOMEWHAT — IT’S

19 JUST MINOR LITTLE WORDS.

20 Q. OKAY. BUT SO IT’S YOUR WORD — WHO GAVE YOU THAT

21 POLICE REPORT?

22 A. I RECEIVED IT THIS MORNING FROM THE DA’S OFFICE.

23 Q. SO THE DA’S OFFICE GAVE YOU THE POLICE REPORT AND

24 YOU CONCLUDED THAT THERE ARE SOME PORTIONS OF IT THAT ARE A

25 LITTLE MISLEADING?

26 A. YES.

27 Q. DID YOU COMMUNICATE THAT TO ANYBODY?

28 A. I — I DON’T RECALL THAT I DID TO THE DA’S OFFICE,
4642
1 BUT I HAVE AN ATTORNEY HERE REPRESENTING ME AND I DID TO HER.

2 Q. YOU MEAN THE MEDIA ATTORNEY, MS. CUMMINS?

3 A. YES.

4 Q. BUT THIS ASPECT OF YOUR TESTIMONY DOESN’T CONCERN

5 YOUR PROFESSIONAL WORK, IT CONCERNS YOUR PRIVATE LIFE KIND OF?

6 A. CORRECT.

7 Q. OTHER THAN COMMUNICATING TO THE MEDIA ATTORNEY, DID

8 YOU TELL ANYBODY FROM THE DISTRICT ATTORNEY’S OFFICE OR THE

9 POLICE DEPARTMENT THAT THE POLICE REPORT THAT WAS GENERATED

10 SUPPOSEDLY ON THE 5TH OF FEBRUARY WAS INACCURATE IN ANY WAY?

11 A. NO.

12 Q. AND YOU FORMED THE OPINION THAT IT WAS INACCURATE

13 UPON YOUR FIRST REVIEW OF IT TODAY, IS THAT RIGHT?

14 A. YES. AND I WOULDN’T SAY IT’S INACCURATE.

15 Q. YOU SAID MISLEADING?

16 A. WELL, IF YOU WANT TO DISCUSS WHAT —

17 Q. WE’LL COME THERE. YOU’LL HAVE A CHANCE.

18 A. OKAY.

19 Q. DID YOU MEET WITH ANY REPRESENTATIVE OF THE

20 DISTRICT ATTORNEY’S OFFICE PRIOR TO TESTIFYING HERE?

21 A. PHYSICALLY MEET OR OVER THE PHONE?

22 Q. ANY WAY?

23 A. OVER THE PHONE.

24 Q. WHEN WAS THAT?

25 A. SEVERAL OCCASIONS TO CHECK IN AND SEE WHEN I WOULD

26 NEED TO TESTIFY.

27 Q. OKAY. DID YOU TALK TO ANYBODY SUBSTANTIVELY ABOUT

28 ANY ASPECT OF YOUR TESTIMONY?
4643
1 A. YES.

2 Q. WHO WAS THAT?

3 A. BILL REICH.

4 Q. ALL RIGHT.

5 YOU SAID SEVERAL OCCASIONS YOU TALKED TO THE

6 DISTRICT ATTORNEY’S OFFICE. WHAT NUMBER COMES TO MIND WHEN YOU

7 USE THE WORD “SEVERAL”?

8 A. PROBABLY THREE OR FOUR.

9 Q. SO YOU THINK ON THREE OR FOUR SEPARATE OCCASIONS

10 YOU SPOKE TO BILL REICH OR MR. DUSEK?

11 A. YES. NO, IT WAS BILL REICH.

12 Q. AND ON ONE OR MORE OF THOSE OCCASIONS YOU DISCUSSED

13 SUBSTANTIVELY WHAT IT WAS YOU WERE LIKELY TO BE ASKED IN COURT?

14 A. ONE FOR SURE.

15 Q. WHEN WAS THAT ONE FOR SURE, WHEN DID THAT HAPPEN?

16 A. IT WAS AFTER I WAS SUBPOENAED. I CAN’T RECALL THE

17 DATE.

18 Q. WHEN WERE YOU SUBPOENAED, GENERALLY?

19 A. I CAN’T RECALL.

20 Q. DO YOU FEEL THAT YOU’RE A PERSON WHOSE MEMORY GETS

21 BETTER WITH THE PASSAGE OF TIME?

22 A. NO.

23 Q. ON FEBRUARY THE 5TH YOU RECEIVED A TELEPHONE CALL

24 FROM A REPRESENTATIVE OF THE SAN DIEGO POLICE DEPARTMENT; IS

25 THAT CORRECT, SIR?

26 A. YES.

27 Q. AND IN THAT COMMUNICATION YOU WERE ASKED

28 PARTICULARLY INFORMATION CONCERNING WHAT YOU RECOLLECTED ABOUT
4644
1 THE EVENTS, IS THAT RIGHT?

2 A. YES.

3 Q. AND YOU WERE ASKED AT LEAST TO PROVIDE AS ACCURATE

4 INFORMATION AS YOU POSSIBLY COULD, ISN’T THAT CORRECT?

5 A. YES.

6 Q. AND AT THAT TIME — WELL, LET ME BACK UP FOR A

7 MINUTE.

8 ON FEBRUARY THE 2ND YOU DIDN’T TAKE ANY PARTICULAR

9 NOTE OF WHAT WAS GOING ON BECAUSE THAT WAS JUST AN ORDINARY DAY,

10 WASN’T IT?

11 A. YES.

12 Q. AND AT 9 O’CLOCK IN THE MORNING OR THEREABOUTS,

13 WHEN YOU WERE HEADED TO WORK, IT WAS JUST LIKE BASICALLY ANY

14 OTHER DAY; ISN’T THAT CORRECT?

15 A. YES.

16 Q. SO THERE WAS NOTHING THAT REALLY STUCK OUT IN YOUR

17 MIND?

18 A. IT WAS A LITTLE UNUSUAL TO SEE MR. WESTERFIELD’S

19 MOTOR HOME ON THAT SIDE OF THE INTERSECTION.

20 Q. WELL, YOU JUST SAID MR. WESTERFIELD’S MOTOR HOME

21 BUT, IN FACT — WELL, IN YOUR MIND IS THERE A DISTINCTION

22 BETWEEN WE’LL SAY CERTAINTY AND POSSIBILITY?

23 A. I’M NOT SURE.

24 Q. FOR INSTANCE, YOU CAN LOOK AT ME AND SEE WITH

25 CERTAINTY THAT I’M WEARING A GREY SUIT MORE OR LESS, RIGHT?

26 A. YES.

27 Q. BUT IT’S POSSIBLE THAT I’M WEARING A RED TIE, ISN’T

28 IT?
4645
1 A. NO, BECAUSE I SAW YOU WERE WEARING A YELLOW ONE.

2 Q. OKAY. THAT DIDN’T WORK.

3 WHAT I’M TRYING TO ASSESS —

4 A. I THINK I UNDERSTAND. IT’S —

5 Q. PLEASE.

6 A. REPEAT THE QUESTION?

7 Q. WHAT I’M TRYING TO ASSESS IS YOUR OWN DISTINCTION

8 BETWEEN SOMETHING THAT YOU VIEW AS POSSIBLE AND SOMETHING YOU

9 VIEW AS CERTAIN?

10 A. OKAY.

11 Q. SO I’M ASKING YOU HOW DO YOU MAKE THAT DISTINCTION?

12 A. WHETHER SOMETHING CAN BE CONSTRUED AS FACT TO BE

13 CERTAIN.

14 Q. ALL RIGHT.

15 IN YOUR OWN MIND, YOU SEE CERTAIN THINGS OR MAKE

16 CERTAIN OBSERVATIONS, AND JUST IN YOUR OWN MIND YOU

17 CONCEPTUALIZE IT AS BEING CERTAIN, RIGHT?

18 A. RIGHT.

19 Q. IN YOUR OWN MIND, YOU MAY SEE SOMETHING ELSE AND

20 CONSIDER IT POSSIBLE. IS THAT A FAIR STATEMENT?

21 A. YES.

22 Q. SO THERE IS A DISTINCTION IN YOUR MIND BETWEEN

23 POSSIBILITY AND CERTAINTY? THAT’S ALL I’M TRYING TO GET AT AT

24 THE MOMENT.

25 A. YES, YES.

26 Q. WHEN LAW ENFORCEMENT TALKED TO YOU ON THE 5TH OF

27 FEBRUARY, YOU SAID THAT AFTER VIEWING THE NEWS ACCOUNTS OF THE

28 KIDNAPPING YOU BELIEVED THE MOTOR HOME THAT YOU HAD SEEN WERE
4646
1 POSSIBLY THE SAME VEHICLE AND DRIVER YOU SAW FEBRUARY 2. YOU

2 DIDN’T INDICATE THAT WITH CERTAINTY IT’S THE SAME VEHICLE.

3 THAT’S TRUE, ISN’T IT?

4 A. THAT IS TRUE.

5 Q. THAT’S NOT PART OF THE REPORT THAT WAS MISLEADING?

6 A. IT — THERE — YOU — ACTUALLY, FROM WHAT I — LET

7 ME — WHAT LINE IS THAT AGAIN? IT’S —

8 Q. IF YOU TAKE A LOOK AT PAGE TWO, I’LL GIVE YOU

9 SPECIFIC DIRECTION, OKAY? TAKE A LOOK AT PAGE TWO. MOVE UP

10 FROM THE BOTTOM.

11 A. UM-HMM.

12 Q. IT’S THE 5TH LINE UP, YOU’LL SEE THE NAME

13 CAPITALIZED MIDLINE AND IT SAYS “STINEBAUGH STATED”?

14 A. YES. I SEE THAT “STINEBAUGH STATED MOTOR HOME

15 PASSED HIM ALONG” —

16 Q. THAT — AFTER VIEWING THE NEWS ACCOUNTS, THAT’S THE

17 SENTENCE I’M TRYING TO DRAW YOUR ATTENTION TO, SIR.

18 A. YES. THAT’S NOT — THAT IS CORRECT, THAT’S NOT ONE

19 OF THE ONES I WAS TALKING ABOUT.

20 Q. OKAY.

21 SO IT IS ACCURATE THAT YOU WEREN’T CERTAIN WHEN YOU

22 TALKED TO LAW ENFORCEMENT. YOU WERE SPECULATING TO A CERTAIN

23 EXTENT?

24 A. IT’S — THAT’S — IT’S — IT’S NOT — AT THE TIME

25 THAT I SAW THE MOTOR HOME ON THAT SATURDAY?

26 Q. YES.

27 A. I BELIEVED IT WAS MR. WESTERFIELD BEFORE I SAW ANY

28 NEWS REPORTS.
4647
1 Q. EVEN THOUGH YOU TOLD LAW ENFORCEMENT ON THE 5TH

2 THAT AFTER VIEWING THE NEWS ACCOUNTS OF THE KIDNAPPING, YOU

3 BELIEVED THE MOTOR HOME AND DRIVER ON THE NEWS WERE POSSIBLY THE

4 SAME VEHICLE AND DRIVER YOU SAW ON 2/2, CORRECT?

5 A. THE REASON THAT’S STATED IS BECAUSE IT’S NOTHING

6 PROMPTED ME TO BRING ATTENTION TO THE POLICE OFFICERS, UNTIL I

7 SAW THAT THERE WAS MEDIA POINTING THEIR CAMERAS TOWARDS MR.

8 WESTERFIELD’S HOME.

9 Q. WHEN DID YOU FIRST SEE THAT, SIR?

10 A. ON TUESDAY MORNING.

11 Q. OKAY.

12 THAT’S SOMETHING YOU’RE SURE ABOUT?

13 A. YES.

14 Q. AND WITH REGARD TO THAT LEVEL OF SURENESS THAT YOU

15 HAVE, DID YOU CONTINUE TO BE SURE THAT THE MEDIA POINTED THEIR

16 CAMERAS AT MR. WESTERFIELD’S RESIDENCE EVERY SINGLE DAY FROM THE

17 DAY YOU FIRST SAW THEM POINTED AT HIS RESIDENCE UNTIL ABOUT THE

18 TIME MR. WESTERFIELD WAS ARRESTED?

19 MR. DUSEK: OBJECTION, YOUR HONOR. ARGUMENTATIVE.

20 THE COURT: WELL, WITHOUT FOUNDATION, I HAVE NO IDEA WHAT

21 HE KNOWS AND WHAT HE’S SEEN. IF YOU LAY THE FOUNDATION, I’LL

22 ALLOW IT.

23 MR. FELDMAN: THANK YOU, YOUR HONOR.

24 Q. SIR, AS A MATTER OF YOUR CUSTOM AND PRACTICE, WOULD

25 YOU GENERALLY DRIVE TO WORK IN THE SAME DIRECTION — IN THE SAME

26 MANNER?

27 A. YES.

28 Q. AND WOULD YOU GO BY AT LEAST THE AREA OF MR.
4648
1 WESTERFIELD’S HOUSE ON A REGULAR BASIS ON YOUR WAY TO WORK?

2 A. YES.

3 Q. AND GENERALLY DO YOU GO TO WORK BETWEEN 9:00 AND

4 9:30, AS YOU’VE INDICATED ON DIRECT EXAM?

5 A. ON SATURDAYS, YES.

6 Q. WELL, HOW ABOUT ON THE REMAINDER OF THE WEEK, IS

7 THERE A DIFFERENCE —

8 A. I HAVE DIFFERENT SCHEDULES FOR ALMOST — WELL, ON

9 DIFFERENT DAYS OF THE WEEK.

10 Q. OKAY.

11 WITH REGARD TO THE DIFFERENT SCHEDULES, THOUGH, YOU

12 STILL HAVE TO GO TO THE SAME PLACE?

13 A. YES.

14 Q. AND YOU HAVE TO COME BACK TO THE SAME PLACE?

15 A. YES.

16 Q. SO AT LEAST BETWEEN WE’LL SAY FEBRUARY 3 — I THINK

17 YOU TOLD ME 2 OR 3, I CAN’T REMEMBER WHAT — LET ME ASK AGAIN.

18 WHAT DAY DO YOU REMEMBER FIRST SEEING THE CAMERAS?

19 A. THAT SATURDAY NIGHT.

20 Q. OKAY. THAT SATURDAY NIGHT, DO YOU REMEMBER WHAT

21 DAY —

22 A. THAT’S THE 2ND, I BELIEVE.

23 Q. OKAY . AND FROM THAT SATURDAY NIGHT, THE 2ND,

24 UNTIL APPROXIMATELY THE 22ND OF FEBRUARY, SIR, DID YOU CONTINUE

25 TO WORK?

26 A. NO. I WENT ON VACATION THAT — TELL ME THE DATES

27 AGAIN, ‘CAUSE I WENT ON VACATION TUESDAY.

28 Q. TUESDAY.
4649
1 A. SO I WORKED ON SATURDAY, SUNDAY AND MONDAY.

2 Q. SO TUESDAY WOULD HAVE BEEN THE 5TH, IS THAT RIGHT?

3 A. TUESDAY WOULD HAVE BEEN THE 5TH.

4 Q. AND YOU WERE ON VACATION — I’M SORRY — THE 5TH,

5 THE 6TH?

6 A. TILL FRIDAY.

7 Q. 7TH, 8TH?

8 A. WHATEVER FRIDAY IS.

9 Q. OKAY. AND THEN YOU CAME BACK, RIGHT?

10 A. YES.

11 Q. WHEN YOU CAME BACK ON THAT FRIDAY, DID YOU NOTICE

12 WHETHER OR NOT THE MEDIA WAS STILL FOCUSING ON MR. WESTERFIELD’S

13 RESIDENCE?

14 A. I DON’T KNOW. I — THEY WERE THERE.

15 Q. WELL, THE WHOLE NEIGHBORHOOD WAS KIND OF SCRAMBLED

16 TO A CERTAIN EXTENT, WASN’T IT?

17 A. YES.

18 Q. AND PART OF THE REASON FOR I’LL SAY SCRAMBLING IS

19 BECAUSE THERE WAS SO MUCH MEDIA AROUND, RIGHT?

20 MR. DUSEK: OBJECTION, SPECULATION, IRRELEVANT.

21 THE COURT: SUSTAINED.

22 YOU NEED NOT ANSWER.

23

24 BY MR. FELDMAN:

25 Q. NOW WHEN — DO YOU RECALL BEING CONTACTED BY A

26 DEFENSE INVESTIGATOR IN APRIL?

27 A. YES.

28 Q. AND DO YOU RECALL THE DEFENSE INVESTIGATOR ASKING
4650
1 TO SPEAK WITH YOU CONCERNING YOUR OBSERVATIONS ON FEBRUARY THE

2 2ND.

3 A. YES.

4 Q. DO YOU RECALL TELLING THE DEFENSE INVESTIGATOR THAT

5 EVEN THOUGH MR. WESTERFIELD WAS A NEIGHBOR, YOU WEREN’T EVEN

6 SURE YOU COULD HAVE DESCRIBED HIM TO ANYONE. DO YOU RECALL

7 MAKING THAT STATEMENT?

8 A. I COULD DESCRIBE HIM FAIRLY ACCURATE WITH ONE MINOR

9 DETAIL THAT I COULD NOT RECALL.

10 Q. OKAY. WHAT DETAIL?

11 A. THE GOATEE.

12 Q. OKAY.

13 SO — BUT I’M ASKING YOU WHETHER OR NOT YOU TOLD

14 THE DEFENSE INVESTIGATOR THAT YOU WEREN’T SURE YOU COULD HAVE

15 DESCRIBED MR. WESTERFIELD TO ANYONE?

16 A. NO. I TOLD YOU WHAT I TOLD THE INVESTIGATOR, THAT

17 I WOULD HAVE DESCRIBED MR. WESTERFIELD FAIRLY ACCURATELY MINUS

18 THE GOATEE.

19 Q. BUT FOR FACIAL HAIR?

20 A. YES.

21 Q. AND IN YOUR VIEW, AND IN TERMS OF IDENTIFYING AN

22 INDIVIDUAL, DOES THE PRESENCE OR ABSENCE OF FACIAL HAIR, IS THAT

23 OF ANY CONSEQUENCE?

24 MR. DUSEK: OBJECTION, ARGUMENTATIVE, SPECULATION.

25 THE COURT: OVERRULED.

26 YOU CAN ANSWER.

27 THE WITNESS: REPEAT THE QUESTION?

28 MR. FELDMAN: PLEASE, YOUR HONOR.
4651
1 THE COURT: YES. OPHELIA READ IT BACK, PLEASE.

2 (RECORD READ.)

3 THE WITNESS: YES.

4

5 BY MR. FELDMAN:

6 Q. DO YOU RECALL DURING THE COURSE OF YOUR INTERVIEW

7 WITH THE DEFENSE INVESTIGATOR TELLING THE DEFENSE INVESTIGATOR

8 THAT YOU TOLD THE POLICE YOU WOULD MAKE A TERRIBLE WITNESS?

9 A. POSSIBLY, YES.

10 Q. AND YOU TOLD THE POLICE YOU WOULD BE A TERRIBLE

11 WITNESS BECAUSE YOU COULD NOT MAKE A POSITIVE IDENTIFICATION?

12 A. I SAID THAT, YES.

13 Q. AND, IN FACT, YOU INDICATED, DID YOU NOT, THAT WITH

14 REGARD TO YOUR OBSERVATIONS OF THE DRIVER OF THE MOTOR HOME,

15 THAT WAS BASED UPON — OR YOUR CONCLUSIONS WERE BASED UPON THE

16 DESCRIPTION, THE PHYSICAL DESCRIPTION THE LAW ENFORCEMENT HAD

17 PROVIDED TO YOU?

18 A. NO.

19 Q. DID LAW ENFORCEMENT PROVIDE YOU ANY FORM OF

20 INFORMATION DURING THE COURSE OF YOUR INTERVIEW WITH THE OFFICER

21 ON FEBRUARY THE 5TH?

22 A. ANY INFORMATION?

23 Q. YES.

24 A. AS REGARDS TO?

25 Q. THEY WERE LOOKING AT DAVID WESTERFIELD, DO YOU KNOW

26 ANYTHING ABOUT HIM, HE’S YOUR NEIGHBOR. ANYTHING GENERAL LIKE

27 THAT?

28 A. I DON’T RECALL.
4652
1 Q. OKAY.

2 WHEN YOU TELL ME YOU DON’T RECALL, DO YOU MEAN TO

3 COMMUNICATE THAT IT DIDN’T HAPPEN OR YOU DON’T REMEMBER WHETHER

4 OR NOT IT HAPPENED?

5 A. IT’S TOO SPECIFIC FOR ME TO RECALL WHETHER —

6 Q. SO COULD IT HAPPEN?

7 A. THE QUESTION IS VERY GENERAL. I MEAN, THEY COULD

8 HAVE SAID ANYTHING. HOW AM I SUPPOSED TO REMEMBER EXACTLY WHAT

9 THEY SAID?

10 Q. ARE YOU TELLING ME THAT YOU DON’T REMEMBER WHAT

11 THEY TOLD YOU?

12 A. NOT IN SPECIFIC DETAIL, NO.

13 Q. NOW, YOU SAID PORTIONS OF THE REPORT WERE

14 MISLEADING. WHICH PORTIONS?

15 A. WELL, THE REPORT INDICATES THAT, OH, THAT I SAW A

16 MOTOR HOME ON TELEVISION THAT WAS DEPICTED AS POSSIBLY BEING

17 INVOLVED IN THE CASE. I DID NOT SEE A MOTOR HOME ON TELEVISION.

18 Q. SO IT’S YOUR TEST — IT’S YOUR PRESENT MEMORY THAT

19 YOU NEVER SAW A MOTOR HOME ON TELEVISION THAT WAS DEPICTED AS

20 POSSIBLY BEING INVOLVED IN THE CASE; IS THAT RIGHT?

21 A. NOT BEFORE I MADE THE STATEMENT.

22 Q. SO I JUST WANT TO CLARIFY.

23 ARE YOU TELLING US YOU DID NOT MAKE THE STATEMENT

24 TO THE OFFICER ON FEBRUARY THE 5TH, QUOTE, OR MORE OR LESS, THAT

25 YOU “SAW A MOTOR HOME ON TELEVISION THAT WAS DEPICTED AS BEING

26 INVOLVED IN THE CASE,” IS IT YOUR TESTIMONY YOU DIDN’T SAY THAT?

27 A. CORRECT.

28 Q. ALL RIGHT.
4653
1 SO THAT MEANS THIS IS A CIRCUMSTANCE WHERE, IN YOUR

2 VIEW AT LEAST, THERE’S A REPORT THAT CONTAINS A STATEMENT THAT’S

3 ATTRIBUTED TO YOU WHICH IS INACCURATE AND MISLEADING?

4 A. YES.

5 Q. I’M SORRY. WHAT’S MISLEADING ABOUT IT?

6 A. THAT I DIDN’T — THAT I SAW A MOTOR HOME ON

7 TELEVISION.

8 Q. DID YOU COMMUNICATE TO BILL REICH OR ANYBODY, OTHER

9 THAN MS. CUMMINS, THE FACT THAT THE REPORT WAS INACCURATE?

10 A. NO.

11 Q. AND DID YOU EVER — DID THE OFFICER WHO TALKED TO

12 YOU GIVE YOU AN OPPORTUNITY TO OR READ BACK TO YOU OVER THE

13 PHONE OR TALK TO YOU OVER THE PHONE ABOUT WHAT IT WAS HE THOUGHT

14 YOU HAD SAID?

15 A. HE GAVE ME A SYNOPSIS, YES.

16 Q. OKAY.

17 WHEN HE GAVE YOU THE SYNOPSIS DID YOU AGREE WITH IT

18 OR DID YOU DISAGREE WITH IT, SIR?

19 A. I DON’T RECALL IF I HAD TO CORRECT HIM ON ANYTHING

20 OR NOT.

21 Q. DID THE SYNOPSIS, AS YOU RECOLLECT IT, INCLUDE THE

22 STATEMENT THAT YOU’VE JUST REFERRED TO AS MISLEADING?

23 A. I DOUBT IT.

24 Q. I’M SORRY. ARE YOU GUESSING WHEN YOU SAY YOU DOUBT

25 IT? I JUST CAN’T TELL YOUR LEVEL OF CERTAINTY.

26 A. I WOULD HAVE CORRECTED IT IF IT DID.

27 Q. WITH REGARD TO THE MOTOR HOME THAT YOU POSSIBLY —

28 THAT YOU THOUGHT WAS POSSIBLY THE SAME VEHICLE, I’M SORRY —
4654
1 BEFORE COMING TO COURT TODAY, HAVE YOU SEEN ANY OF THE VIDEOS,

2 PHOTOS, STILLS, ANYTHING HAVING TO DO WITH MR. WESTERFIELD’S

3 MOTOR HOME?

4 A. YES.

5 Q. WHAT?

6 A. I’VE SEEN VIDEO ON TV OF THE MOTOR HOME BEING

7 SEARCHED.

8 Q. WHEN WAS THAT, SIR? RECENT?

9 A. NO.

10 Q. APPROXIMATELY?

11 A. SOMETIME AFTER IT WAS SEARCHED.

12 Q. ALL RIGHT.

13 WHAT ABOUT THAT WOULD HAVE BEEN, WE’LL SAY,

14 FEBRUARY. HOW ABOUT SINCE FEBRUARY, HAVE YOU SEEN ANY VIDEO OF

15 THE MOTOR HOME?

16 A. I DON’T KNOW.

17 Q. POSSIBLE BECAUSE OF THE NATURE OF YOUR WORK?

18 MR. DUSEK: OBJECTION, SPECULATION, ANYTHING IS POSSIBLE.

19 THE COURT: ANYTHING IS POSSIBLE. SUSTAINED.

20

21 BY MR. FELDMAN:

22 Q. IN YOUR VIEW IS THERE A REASONABLE LIKELIHOOD THAT

23 YOU WOULD HAVE SEEN SOMETHING BASED UPON YOUR PROFESSIONAL

24 OBLIGATIONS?

25 MR. DUSEK: SAME, SPECULATION, YOUR HONOR.

26 THE COURT: AT THIS POINT JUST ASK HIM POINT BLANK AND

27 THEN HE CAN ANSWER IT AND I DON’T HAVE TO WORRY ABOUT MS.

28 CUMMINS, WHO’S NOW UP AND READY.
4655
1 MR. FELDMAN: AGAIN.

2 JUROR NO. 8: OH, THAT’S COLD.

3

4 BY MR. FELDMAN:

5 Q. ON THE JOB DO YOU RECALL SEEING ANY VIDEO OF THE

6 MOTOR HOME?

7 A. AS AN EMPLOYEE OF KFMB TV AND MY JOURNALISTIC

8 DUTIES, I WOULD LIKE TO INVOKE THE SHIELD LAW TO PROTECT MY

9 RIGHTS.

10 MR. FELDMAN: JUDGE.

11 MS. CUMMINS: YOUR HONOR, I’M GOING TO OBJECT ON THE

12 GROUNDS OF REPORTER SHIELD.

13 THE COURT: IT DOESN’T JEOPARDIZE ANY OF HIS RIGHTS.

14 YOU MAY ANSWER THE QUESTION, SIR.

15 THE WITNESS: I HAVE SEEN VIDEO OF THE MOTOR HOME WHILE

16 I’M AT WORK.

17 THE COURT: NEXT QUESTION.

18

19 BY MR. FELDMAN:

20 Q. HOW FREQUENTLY?

21 MS. CUMMINS: SAME OBJECTION, YOUR HONOR.

22 THE COURT: IT’S DULY NOTED AND OVERRULED.

23 THE WITNESS: I CAN’T RECALL.

24

25 BY MR. FELDMAN:

26 Q. HOW RECENTLY?

27 A. CAN’T RECALL.

28 Q. WHEN YOU SAY YOU CAN’T RECALL HOW FREQUENTLY, CAN
4656
1 WE INCLUDE THEN 15 OR 20 TIMES?

2 MR. DUSEK: OBJECTION, SPECULATION.

3 THE COURT: SUSTAINED. YOU NEED NOT ANSWER.

4

5 BY MR. FELDMAN:

6 Q. WHEN YOU SAY YOU CAN’T RECALL, ARE YOU RULING OUT

7 ANY PARTICULAR NUMBER AS TO THE NUMBER OF TIMES YOU’VE SEEN AT

8 WORK THE MOTOR HOME?

9 MR. DUSEK: OBJECTION, SPECULATION, ASKED AND ANSWERED.

10 THE COURT: OVERRULED. HE CAN ANSWER THAT.

11 THE WITNESS: NO.

12

13 BY MR. FELDMAN:

14 Q. WHEN YOU JUST TOLD ME NO, WHAT I’M NOT

15 UNDERSTANDING — I’M SORRY, I’M JUST TRYING TO COMMUNICATE WITH

16 YOU — IS HOW MANY — IF YOU HAVE AN OPINION, HOW MANY TIMES

17 YOU’VE SEEN THE MOTOR HOME BEFORE TODAY. THAT’S REALLY ALL I’M

18 ASKING YOU AT THIS POINT.

19 A. YOU MEAN VIDEO OF THE MOTOR HOME?

20 Q. YES, SIR.

21 A. MAYBE A DOZEN TIMES.

22 Q. AND THEN HOW MANY TIMES, IF ANY, HAVE YOU SEEN

23 STILLS OF THE MOTOR HOME?

24 A. I DON’T THINK I HAVE.

25 Q. AND OF THE 15 OR 20 TIMES THAT YOU’VE SEEN THE

26 VIDEO OF THE MOTOR HOME, CAN YOU TELL ME NOW, SIR, WHAT’S YOUR

27 DESCRIPTION OF THE MOTOR HOME?

28 A. WELL, I CAN’T TELL WHAT COLOR IT IS FROM THE VIDEO
4657
1 BECAUSE IT’S DISCOLORED.

2 Q. OKAY. HOW ABOUT FROM YOUR MEMORY, WHAT COLOR IS

3 THE — AND ACTUALLY LET ME TAKE THAT QUESTION BACK, WITHDRAW THE

4 QUESTION AND ASK YOU, BASED UPON YOUR MEMORY TODAY, AUGMENTED BY

5 THE 15 OR 20 TIMES YOU’VE SEEN THE VIDEO, DO YOU HAVE A

6 RECOLLECTION — SPECIFIC RECOLLECTION OF THE MOTOR HOME TODAY?

7 A. I WOULDN’T SAY THAT MY MEMORY OF THE MOTOR HOME

8 THAT I SAW ON THAT SATURDAY IS AUGMENTED BY MY SEEING THE VIDEO.

9 Q. OKAY.

10 CAN YOU DESCRIBE FOR ME THE MOTOR HOME THAT YOU SAW

11 THAT SATURDAY? WAS THERE ANYTHING UNIQUE OR UNUSUAL ABOUT IT?

12 A. NO.

13 Q. ANYTHING ABOUT THE COLORS THAT STAND OUT IN YOUR

14 MIND?

15 A. IT’S — WAS JUST KIND OF — THE BASE OF IT WAS AN

16 OFF-WHITE AND IT HAD KIND OF THAT BROWN STRIPE, YOU KNOW, WITH

17 MULTIPLE STRIPES AND SWIRLS GOING DOWN THE SIDES.

18 Q. ANY IDEA OF THE SIZE OF THE MOTOR HOME?

19 A. I — NO, IT’S A LITTLE LARGER THAN AVERAGE.

20 Q. WITH REGARD TO THE STRIPES, SIR, CAN YOU DESCRIBE

21 FOR ME WHERE IT WENT?

22 A. DOWN THE SIDE OF THE MOTOR HOME FROM THE FRONT TO
23 THE BACK.

24 Q. OKAY.

25 WHEN YOU SAY DOWN THE SIDE OF THE MOTOR HOME FROM

26 THE FRONT TO THE BACK, CAN YOU PLEASE BE MORE SPECIFIC AS TO

27 WHAT YOU MEAN TO COMMUNICATE?

28 A. ON EITHER SIDE OF THE MOTOR HOME THERE’S SOME SORT
4658
1 OF STRIPING THAT RUNS FROM THE FRONT OF THE MOTOR HOME FROM

2 APPROXIMATELY UNDERNEATH THE DRIVER’S — YOU KNOW, UNDERNEATH

3 THE DRIVER’S AND PASSENGER COMPARTMENTS, ALL THE WAY DOWN

4 TOWARDS THE REAR OF THE MOTOR HOME.

5 Q. OKAY. YOU’RE USING —

6 A. THEY’RE ABOUT, I’D SAY, ON THE LOWER THIRD OF THE

7 MOTOR HOME.

8 Q. OKAY. YOU’RE USING WORDS KIND OF LIKE UP AND DOWN.

9 CAN WE SAY — IF WE SAY THAT MY TIE IS THE FRONT

10 AND THE MAR — THE BAILIFF IS THE BACK OF THE MOTOR HOME, WE’LL

11 CALL THIS THE SIDE WAY, OKAY? DO YOU MEAN TO COMMUNICATE THAT

12 THERE’S A STRIPE THAT RUNS ALL THE WAY ACROSS?

13 A. YES.

14 Q. ALL RIGHT.

15 AND THAT WOULD BE ON BOTH SIDES OF THE MOTOR HOME

16 AS YOU RECOLLECT IT; IS THAT CORRECT?

17 A. YES.

18 Q. NOW YOU TOLD US THAT YOU WERE TO THE REAR OF THE

19 MOTOR HOME ALSO; IS THAT CORRECT?

20 A. YES.

21 Q. ANYTHING UNIQUE OR UNUSUAL ABOUT THE REAR OF THE

22 MOTOR HOME?

23 A. I DON’T RECALL.

24 Q. COLOR?

25 A. I DON’T RECALL.

26 Q. DESIGN?

27 A. NO.

28 Q. PRESENCE OR ABSENCE OF LADDERS?
4659
1 A. I DON’T KNOW.

2 Q. PRESENCE OR ABSENCE OF ANTENNAS?

3 A. DON’T KNOW.

4 Q. WHEN YOU GET TO THE OFFICE DO YOU HAVE TO CHECK IN?

5 SOME BUSINESSES HAVE TIME CLOCKS.

6 A. NO.

7 Q. IS IT — I DON’T WANT TO — IS IT SORT OF LIKE THE

8 HONOR SYSTEM?

9 A. YES.

10 Q. SO YOU’RE JUST EXPECTED TO BE THERE AT A PARTICULAR

11 TIME AND DO THE BEST YOU CAN TO BE THERE?

12 A. YES.

13 Q. BUT THERE’S NO LOGS; IS THAT CORRECT?

14 A. NO.

15 Q. IF YOU’RE ASSIGNED OUT, IF THERE’S A PARTICULAR

16 ASSIGNMENT, IS THERE ANY NOTATION THAT YOU HAVE TO MAKE TO

17 RECORD YOUR TIME OR THAT’S MADE TO TRACK YOUR TIME?

18 A. NO.

19 MR. DUSEK: OBJECTION, IRRELEVANT. 352.

20 THE COURT: OVERRULED. THE ANSWER IS NO. IT WILL STAND.

21

22 BY MR. FELDMAN:

23 Q. DO YOU RECALL WHAT TIME ON FEBRUARY 2ND YOU

24 RETURNED FROM WORK?

25 A. NO, NOT EXACTLY.

26 Q. WHEN YOU RETURNED FROM WORK DID YOU NOTICE THAT THE

27 NEIGHBORHOOD WAS SIGNIFICANTLY DIFFERENT THAN IT HAD BEEN WHEN

28 YOU WENT TO WORK?
4660
1 A. YES.

2 Q. HOW SO?

3 A. THERE WAS A LOT OF SEARCH AND RESCUE VEHICLES

4 PARKED AROUND THE NEIGHBORHOOD, HORSES IN THE NEIGHBORHOOD,

5 YELLOW TAPE IN THE NEIGHBORHOOD.

6 Q. I THINK YOU TOLD MR. DUSEK ON DIRECT EXAMINATION

7 THAT PRIOR TO THE 5TH OF FEBRUARY YOU HAD SOME FORM OF CONTACT

8 WITH LAW ENFORCEMENT. IS THAT AN ACCURATE STATEMENT?

9 A. YES.

10 Q. TELL US PLEASE WHAT KIND OF CONTACT DID YOU HAVE

11 WITH LAW ENFORCEMENT BEFORE THE 5TH OF FEBRUARY, IF YOU CAN?

12 A. AS AN EMPLOYEE OF KFMB TV I WOULD LIKE TO USE THE

13 SHIELD LAW.

14 MR. FELDMAN: YOUR HONOR.

15 THE COURT: IT APPEARS THAT YOU’RE GETTING INTO AN AREA

16 THAT, FIRST OF ALL, GOES BEYOND DIRECT, BUT MORE IMPORTANTLY,

17 GETS INTO THE AREA THAT MS. CUMMINS IS GOING TO RAISE AN

18 OBJECTION ON.

19 SUSTAINED, MS. CUMMINS.

20 YOU NEED NOT ANSWER, SIR.

21 THE WITNESS: THANK YOU.

22

23 BY MR. FELDMAN:

24 Q. OTHER THAN PROFESSIONAL CONTACT, I’M NOT FISHING

25 FOR — NOT PROFESSIONAL CONTACT, UNPROFESSIONAL CONTACT.

26 WHATEVER WORDS YOU WANT TO USE, OKAY? DID YOU HAVE ANY CONTACT

27 WITH THE POLICE?

28 MR. DUSEK: OBJECTION, RELEVANCY.
4661
1 MR. FELDMAN: BETWEEN FEBRUARY 2 AND FEBRUARY 5.

2 THE COURT: SUSTAINED. NON-BUSINESS RELATED, OVERRULED.

3 YOU CAN ANSWER THAT QUESTION BUT IT’S NON-BUSINESS RELATED.

4 MR. FELDMAN: YES. THANK YOU.

5 THE WITNESS: NO.

6

7 BY MR. FELDMAN:

8 Q. SO THE POLICE DID NOT COME TO YOUR HOUSE, CORRECT?

9 A. WELL, LET’S — LET ME THINK ABOUT THE DAYS. SO

10 WE’RE TALKING —

11 Q. WHAT I’M TRYING TO DO IS FOCUS YOU FROM THE DAY —

12 A. FROM THE 2ND TO MONDAY THE 5TH.

13 Q. WHICH I THINK YOU TOLD ME WAS YOUR VACATION DAY —

14 A. NO. TUESDAY WAS MY VACATION DAY.

15 Q. — BETWEEN THE 2ND AND THE DAY YOU WENT ON

16 VACATION. OTHER THAN THE TELEPHONE CALL WITH THE POLICE.

17 A. SO SATURDAY, SUNDAY, MONDAY?

18 Q. YES.

19 A. IT’S A GRAY ISSUE.

20 Q. WHEN YOU SAY GRAY, SIR, WHAT DO YOU MEAN?

21 A. I WAS DOING TWO DUTIES.

22 Q. WELL, HERE, LET ME BE MORE SPECIFIC, OKAY? WE’VE

23 HEARD TESTIMONY IN THE CASE THAT LAW —

24 A. I WAS — I WAS — I WAS WORKING AND I WAS AT MY

25 HOME AT THE SAME TIME.

26 Q. OKAY. I DON’T WANT TO GO INTO WHERE YOU WERE

27 WORKING.

28 A. YES.
4662
1 Q. BUT I WANT TO ADDRESS THE ISSUE, DID THE POLICE

2 COME TO YOUR DOOR?

3 A. I WAS WORKING WHEN THEY DID.

4 Q. WAS THEIR PURPOSE TO COME INTO YOUR DOOR TO SEARCH

5 YOUR RESIDENCE?

6 A. I WAS WORKING WHEN THEY DID.

7 Q. SO THE ANSWER IS YES, THEY DID COME TO YOUR DOOR

8 AND ASK PERMISSION TO SEARCH YOUR RESIDENCE. I’M NOT ASKING YOU

9 TO TELL ME WHAT THEY SAID TO YOU OR ANY ASPECT OF YOUR BUSINESS,

10 JUST WHAT WAS SAID TO YOU.

11 A. YES. THEY CAME TO SEARCH THE RESIDENCE.

12 Q. AND DID YOU PERMIT THEM TO SEARCH THE RESIDENCE?

13 A. YES.

14 Q. AND DID THEY — HOW MANY DIFFERENT TIMES DID YOU

15 HAVE THAT KIND OF CONTACT WITH LAW ENFORCEMENT BETWEEN THE 2ND

16 AND THE 5TH, IF YOU RECALL?

17 A. THAT’S THE ONLY TIME.

18 Q. WHEN LAW ENFORCEMENT CAME TO YOU ON THE 2ND, ABOUT

19 WHAT TIME WAS IT, IF YOU RECALL?

20 A. THIS IS NOT ON THE 2ND. THIS IS ON THE 5TH.

21 Q. ALL RIGHT.

22 A. THIS IS ON THE MONDAY.

23 Q. SO IT WAS THE MONDAY — MONDAY WAS THE FIRST TIME

24 THEY CAME TO YOUR HOUSE?

25 A. THAT I KNOW OF, YES.

26 Q. TO REQUEST TO SEARCH?

27 A. YES.

28 Q. DO YOU RECALL WAS THAT IN THE MORNING OR THE
4663
1 AFTERNOON?

2 A. AFTERNOON.

3 Q. BEFORE OR AFTER YOU ENGAGED IN A TELEPHONE

4 COMMUNICATION?

5 A. BEFORE, BECAUSE I DIDN’T ENGAGE IN A TELEPHONE

6 COMMUNICATION TILL TUESDAY. ARE WE GOT THE DATES WRONG?

7 Q. WELL, IF SATURDAY’S THE 2ND AND SUNDAY’S THE 3RD,

8 THEN MONDAY’S THE 4TH, TUESDAY’S 5TH?

9 A. SORRY, MY MISTAKE. IT WAS MONDAY THE 4TH THEN —

10 Q. OKAY.

11 A. — THAT THEY CAME TO SEARCH THE HOUSE.

12 Q. AND WHEN THEY CAME TO SEARCH THE HOUSE DID THEY

13 GIVE YOU AN OPPORTUNITY TO COMMUNICATE TO THEM INFORMATION THAT

14 YOU BELIEVED TO BE OF SOME CONSEQUENCE OR POSSIBLE CONSEQUENCE

15 TO THEIR INVESTIGATION?

16 A. I DON’T THINK SO.

17 Q. AND YOU DID NOT SAY ANYTHING TO THEM ON THE 4TH

18 ABOUT POSSIBLY SEEING THE SAME VEHICLE THAT YOU HAD SEEN ON THE

19 NEWS?

20 A. I HAD NO REASON, NO.

21 Q. SO THE ANSWER IS NO?

22 A. RIGHT.

23 Q. DO YOU RECALL THE NAMES OF THE GENTLEMEN OR THE

24 OFFICERS — WELL, STRIKE THAT.

25 WERE THE OFFICERS THAT CAME TO YOUR DOOR YOU’VE

26 TOLD US ON THE 4TH?

27 A. CORRECT, I DID.

28 Q. SO I’M TRYING TO SAY THAT NUMBER.
4664
1 A. THANK YOU.

2 Q. WERE THEY IN UNIFORM OR OUT OF UNIFORM, IF YOU

3 RECALL?

4 A. IN UNIFORM. THERE WAS ONLY ONE.

5 Q. DO YOU RECALL THE NAME OF THAT OFFICER?

6 A. NO.

7 Q. DOES THE NAME M. J. DEAN, D-E-A-N RING A BELL, SIR?

8 A. NO.

9 Q. SO YOU DON’T KNOW WHETHER OR NOT THAT WAS THE

10 PERSON WITH WHOM YOU ENGAGED IN TELEPHONIC COMMUNICATION?

11 A. I DON’T BELIEVE IT WAS.

12 MR. FELDMAN: YOUR HONOR, IF I COULD JUST HAVE A MOMENT,

13 PLEASE?

14 THE WITNESS: I THINK IT WAS THE NAME THAT WAS ON THE

15 POLICE REPORT. SYLVESTER.

16 MR. FELDMAN: OKAY.

17 (PAUSE)

18 MR. FELDMAN: THANK YOU VERY MUCH. NO FURTHER QUESTIONS.

19 THANK YOU, YOUR HONOR.

20 THE COURT: ALL RIGHT.

21 MR. DUSEK, ANYTHING FURTHER?

22 MR. DUSEK: YES.

23

24 REDIRECT EXAMINATION +

25 BY MR. DUSEK:

26 Q. THE REPORT THAT WE PROVIDED YOU WAS GIVEN TO YOU

27 WHEN, SIR?

28 A. THIS MORNING — OR THIS AFTERNOON.
4665
1 Q. BY MR. REICH?

2 A. YES.

3 Q. AND DID YOU AND I SPEAK A LITTLE BIT ABOUT WHAT WAS

4 GONNA HAPPEN HERE IN COURT?

5 A. YES.

6 Q. WERE YOU INTERVIEWED BY THE DEFENSE IN THIS CASE?

7 A. I HAVE BEEN INTERVIEWED BY THEIR INVESTIGATOR, YES.

8 Q. DO YOU KNOW THE NAME OF THAT INVESTIGATOR?

9 A. I DON’T. IT WAS A FEMALE BUT I CAN’T RECALL HER

10 NAME.

11 Q. MARIANNE PASAS?

12 A. POSSIBLY.

13 Q. ON THE PHONE OR IN PERSON?

14 A. ON THE PHONE.

15 Q. DID YOU GET A CHANCE TO SEE THAT REPORT?

16 A. NO.

17 Q. IT WAS NEVER GIVEN TO YOU?

18 A. NEVER.

19 Q. NEVER GIVEN TO YOU BEFORE YOU TESTIFIED TO SEE IF

20 THAT WAS ACCURATE?

21 A. NOPE.

22 MR. DUSEK: THANK YOU, SIR.

23 THE COURT: ANYTHING FURTHER?

24

25 RECROSS-EXAMINATION+

26 BY MR. FELDMAN:

27 Q. GEE, WHEN I ASKED YOU THOSE QUESTIONS ABOUT THE

28 DEFENSE INVESTIGATOR’S REPORT, YOU AGREED WITH ME THAT THE
4666
1 INFORMATION WAS ACCURATE, DIDN’T YOU?

2 A. I DON’T RECALL.

3 MR. DUSEK: OBJECTION, WITHOUT SEEING THE ENTIRE REPORT.

4 THE COURT: SUSTAINED, AND THE ANSWER WILL BE STRUCK AND

5 THE JURY’S TO DISREGARD.

6

7 BY MR. FELDMAN:

8 Q. IT IS THE CASE THAT YOU TOLD THE DEFENSE

9 INVESTIGATOR THAT YOU TOLD THE POLICE YOU WOULD MAKE A TERRIBLE

10 WITNESS BECAUSE YOU COULD NOT MAKE A POSITIVE IDENTIFICATION,

11 CORRECT?

12 MR. DUSEK: OBJECTION, ASKED AND ANSWERED.

13 THE COURT: SUSTAINED. YOU NEED NOT ANSWER, SIR.

14 MR. FELDMAN: NO FURTHER QUESTIONS.

15 THE COURT: ALL RIGHT.

16 IS THIS WITNESS TO BE EXCUSED, COUNSEL?

17 MR. DUSEK: YES.

18 MR. FELDMAN: NO. SUBJECT TO RECALL, BUT FOR OBVIOUS

19 REASONS, YOUR HONOR.

20 THE COURT: SUBJECT TO RECALL?

21 MR. STINEBAUGH, AT THIS POINT IN TIME YOU’RE FREE

22 TO LEAVE SUBJECT TO BEING RECALLED. PLEASE REMEMBER THE

23 ADMONITION YOU’RE NOT TO DISCUSS THE CASE PUBLICLY WITH ANYONE

24 EXCEPT IN YOUR PROFESSIONAL DUTIES WITHIN THE NEWS ORGANIZATION,

25 OKAY?

26 THE WITNESS: THANK YOU.

27 THE COURT: AS ALWAYS, MS. CUMMINS, GOOD TO SEE YOU

28 MS. CUMMINS: THANK YOU, YOUR HONOR.
4667
1 THE COURT: ALL RIGHT.

2 MR. DUSEK.

3 MR. DUSEK: JOHN MEERCHAUM.

4

5 -JOHN MEERCHAUM,+

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

7

8 THE COURT: PLEASE HAVE A SEAT, SIR.

9 THE CLERK: PLEASE STATE YOUR NAME AND SPELL YOUR NAME

10 FOR THE RECORD.

11 THE WITNESS: JOHN MEERCHAUM, M-E-E-R-C-H-A-U-M.

12

13 DIRECT EXAMINATION +

14 BY MR. DUSEK:

15 Q. HOW ARE YOU EMPLOYED, MR. MEERCHAUM?

16 A. I’M AN ATTORNEY. I’M SELF-EMPLOYED HERE IN TOWN

17 AND IN ARIZONA.

18 Q. OKAY.

19 WHAT PART OF TOWN DO YOU LIVE IN?

20 A. SABRE SPRINGS.

21 Q. HOW LONG HAVE YOU LIVED THERE?

22 A. SINCE FEBRUARY 14TH OF 2000.

23 Q. WHAT STREET? WE DON’T NEED THE ADDRESS.

24 A. MOUNTAIN PASS.

25 Q. DO YOU KNOW WHERE THE VAN DAMS LIVE RIGHT NOW? DO

26 YOU KNOW WHERE THEY LIVE?

27 A. I DO NOW, YES.

28 Q. WHERE DO YOU LIVE IN RELATION TO THEIR HOUSE?
4668
1 A. I WOULD BE WEST — THE WEST SIDE OF THE — EXCUSE

2 ME — THE NORTH SIDE OF THE STREET ABOUT FIVE HOUSES DOWN AND

3 ACROSS FROM THEM.

4 Q. SO YOU’RE ON THE OPPOSITE SIDE OF MOUNTAIN PASS

5 FROM THEM?

6 A. CORRECT.

7 Q. AND IN RELATION TO MOUNTAIN PASS AND BRIARLEAF,

8 WHERE DO YOU LIVE IN RELATION TO THAT?

9 A. THE WEST SIDE OF THAT CORNER — OF THAT FOUR WAY

10 STOP.

11 Q. AND WE’RE NO GOOD ON DIRECTIONS HERE.

12 A. CLOSER TOWARDS SPRINGHURST.

13 Q. ALL RIGHT.

14 DO YOU KNOW WHERE DAVID WESTERFIELD LIVES?

15 A. YES. I’M ON THAT SIDE OF BRIARLEAF.

16 Q. OKAY.

17 Q. I’D LIKE TO DIRECT YOUR ATTENTION BACK TO THE 2ND

18 OF FEBRUARY, SUPER BOWL WEEKEND, SATURDAY, WERE YOU HOME THAT

19 DAY?

20 A. YES. FOR PART OF THE DAY, YES.

21 Q. DID YOU LEAVE SOMETIME IN THE AFTERNOON?

22 A. YES, I DID.

23 Q. ABOUT WHAT TIME?

24 A. PROBABLY LEFT AT ABOUT 12:00, 12:15. THE 2ND IS

25 SATURDAY, CORRECT?

26 Q. IT IS.

27 A. YES. ABOUT 12:00, 12:15.

28 Q. DO YOU RECALL WHERE YOU WERE GOING?
4669
1 A. YEAH, I WENT TO A UCSD BASEBALL GAME.

2 Q. HOW LONG DID YOU REMAIN OVER THERE?

3 A. I REMAINED THERE UNTIL THE END OF THE FIRST GAME

4 WHICH, FROM MY RECOLLECTION, ENDED AT ABOUT 3 O’CLOCK, 3:15.

5 Q. FROM THERE WHERE DID YOU GO?

6 A. I CAME BACK HOME.

7 Q. WHAT TIME DID YOU GET BACK TO THE NEIGHBORHOOD?

8 A. ASSUMING HALF HOUR, I’M NOT REALLY SURE, BUT I

9 WOULD ASSUME ABOUT 3:30, 345.

10 Q. WAS ANYTHING GOING ON IN THE NEIGHBORHOOD WHEN YOU

11 GOT HOME?

12 A. THERE WAS A WHOLE HECK OF A LOT GOING ON AT THAT

13 TIME, YEAH.

14 Q. DESCRIBE IT FOR US.

15 A. THERE WAS QUITE A FEW POLICE OFFICER VEHICLES OUT

16 THERE. THERE WERE SOME MEDIA TRUCKS, A BUNCH OF NEIGHBORS UP AT

17 THE CORNER.

18 Q. WHICH CORNER?

19 A. THE CORNER OF BRIARLEAF AND MOUNTAIN PASS.

20 Q. THE MEDIA TRUCKS, WHERE WERE THEY GENERALLY?

21 A. THEY WERE ALL UP AND DOWN MOUNTAIN PASS AND THEN

22 BRIARLEAF.

23 Q. WHERE DID YOU GO ONCE YOU GOT THERE?

24 A. I JUST WAS IN MY — MY PARKING LOT — OR MY GARAGE.

25 Q. ARE YOU FAMILIAR WITH MR. WESTERFIELD?

26 A. NOT REALLY. I MEAN, I SAW HIM AROUND THE

27 NEIGHBORHOOD AT TIMES BUT NOT A WHOLE LOT. NEVER SPOKE WITH HIM

28 EXCEPT ONCE, THAT I CAN REMEMBER.
4670
1 Q. DO YOU SEE HIM IN COURT TODAY?

2 A. YES, SIR, I DO.

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

4 HE’S WEARING TODAY?

5 A. HE IS WEARING WHAT APPEARS TO BE A DARK GRAY SUIT

6 WITH A WHITE SHIRT AND MAROON COLORED TIE.

7 THE COURT: THE RECORD WILL REFLECT THE IDENTIFICATION.

8

9 BY MR. DUSEK:

10 Q. LET ME DIRECT YOUR ATTENTION, SIR, TO EXHIBIT ONE

11 BEHIND YOU, THE PHOTO DISPLAY BOARD LABELED AT THE TOP

12 “NEIGHBORHOOD AERIALS.”

13 DO YOU SEE ON ANY OF THOSE PHOTOGRAPHS A PHOTOGRAPH

14 THAT DEPICTS MR. WESTERFIELD’S RESIDENCE?

15 A. WELL, YOU TALK ABOUT NOT BEING GOOD AT DIRECTIONS.

16 Q. CAN YOU GET YOUR BEARINGS?

17 A. I’M TRYING TO, HERE. WELL, I DO SEE A HOUSE THAT’S

18 LABELED IN EXHIBIT — OR THE PICTURE “DW”, SO I’M ASSUMING

19 THAT’S DAVID WESTERFIELD’S HOUSE.

20 Q. THAT MAKES IT EASY, DOESN’T IT?

21 A. IF THAT’S THE HOUSE, THAT MAKES SENSE.

22 Q. DO YOU KNOW WHETHER OR NOT THERE WAS A MOTOR HOME

23 ASSOCIATED WITH HIS HOUSE OVER TIME?

24 A. I KNOW THAT THERE WAS A MOTOR HOME THAT I BELIEVED

25 TO BE HIS THAT WAS AROUND THE NEIGHBORHOOD AT CERTAIN TIMES,

26 YES.

27 Q. THAT AFTERNOON WHEN YOU GOT BACK FROM THE BASEBALL

28 GAME DID YOU SEE ANY VEHICLES THAT ATTRACTED YOUR ATTENTION?
4671
1 A. NOT IMMEDIATELY. I DID — IF YOU’RE REFERRING TO I

2 DID SEE MR. WESTERFIELD’S MOTOR HOME — OR THE MOTOR HOME THAT I

3 BELIEVED TO BE MR. WESTERFIELD’S, COME WESTBOUND ON MOUNTAIN

4 PASS — HEADING PAST MY HOUSE TOWARDS SPRINGHURST.

5 Q. AND WHEN YOU SAY WESTBOUND ON MOUNTAIN PASS, THAT

6 WOULD BE COMING FROM WHAT INTERSECTION?

7 A. I’M ASSUMING THAT HE WAS COMING FROM THE BRIARLEAF

8 MOUNTAIN PASS INTERSECTION, BUT I DID NOT SEE HIM GO THROUGH

9 THAT INTERSECTION ITSELF OR COME AROUND THAT INTERSECTION.

10 Q. ALL I’M TRYING TO GET IS THE DIRECTION WOULD BE

11 FROM BASICALLY HIS HOUSE, PAST YOUR HOUSE, OUT TO SPRINGHURST,

12 IN THAT DIRECTION?

13 A. CORRECT. THAT WOULD BE CORRECT.

14 Q. COULD YOU TELL WHO THE DRIVER WAS?

15 A. I DID NOT SEE THE DRIVER, NO. I DID RECOGNIZE THE

16 MOTOR HOME AS BEING THE MOTOR HOME THAT WAS PARKED BY MY HOUSE

17 QUITE OFTEN.

18 Q. ON PHOTOGRAPH “A” EXHIBIT ONE, CAN YOU GET YOUR

19 BEARINGS ON THAT PHOTOGRAPH, SIR?

20 A. YEAH, I SURE CAN.

21 Q. WOULD YOU BE ABLE TO TRACE THE LINE WHERE YOU SAW

22 THE MOTOR HOME GO?

23 A. MY HOUSE OR THE — THE MOTOR HOME WOULD BE COMING

24 UP THROUGH THIS WAY HEADING TOWARDS THIS WAY, AND I SAW THE

25 MOTOR — I SAW THE MOTOR HOME SOMEWHERE IN THIS AREA.

26 Q. AND FOR US TO PRESERVE THAT, WOULD YOU TAKE THIS

27 BLACK FELT PEN, STEP TO EXHIBIT 1A AND DRAW THE LINE THAT YOU

28 SAW THE MOTOR HOME ON?
4672
1 A. (WITNESS COMPLYING.)

2 Q. THANK YOU, SIR.

3 DID YOU EVER SEE ANYONE GET OUT OF THAT MOTOR HOME?

4 A. I DID NOT, NO.

5 Q. DID YOU EVER SEE MR. WESTERFIELD ON THE STREET

6 AFTER THAT MOTOR HOME WENT BY?

7 A. NOT ON THAT DAY, SIR, NO.

8 Q. HOW LONG WERE YOU OUT THERE?

9 A. I WOULD SAY PROBABLY ABOUT 15 MINUTES.

10 Q. DID YOU REMAIN AT YOUR RESIDENCE?

11 A. YES, IN THE DRIVEWAY, AND I MIGHT HAVE WANDERED

12 OVER TO THE NEIGHBOR’S DRIVEWAY.

13 Q. DID THE MOTOR HOME, WHEN IT WAS DRIVING, GET PAST

14 YOUR HOUSE TOWARDS SPRINGHURST?

15 A. CORRECT.

16 Q. DO YOU RECALL HOW LONG IT HAD BEEN SINCE YOU’D SEEN

17 THE MOTOR HOME IN THE NEIGHBORHOOD, APPROXIMATELY?

18 A. YOU KNOW, I — I — PROBABLY A MONTH MAYBE, MONTH

19 OR TWO MONTHS THAT I HAD SEEN IT PRIOR TO THAT.

20 AND WHEN I SAY SEEN IT, I THINK THAT WOULD REFER TO

21 THE FACT THAT IT WASN’T PARKED IN THE NEIGHBORHOOD DURING THAT

22 TIME PERIOD. IT USED TO BE PARKED RIGHT ON THE CORNER OF

23 BRIARLEAF AND MOUNTAIN PASS ON CERTAIN OCCASIONS.

24 Q. AND IT HADN’T BEEN FOR A WHILE?

25 A. NOT TO MY RECOLLECTION, NO.

26 Q. FOR ABOUT HOW LONG?

27 A. PROBABLY DATING BACK SOMEWHERE JANUARY, DECEMBER

28 TIME PERIOD.
4673
1 MR. DUSEK: ALL RIGHT. THANK YOU, SIR.

2 THE COURT: ALL RIGHT. CROSS-EXAMINATION.

3 MR. BOYCE: THANK YOU, YOUR HONOR.

4

5 CROSS-EXAMINATION +

6 BY MR. BOYCE:

7 Q. GOOD MORNING, SIR.

8 A. GOOD MORNING.

9 Q. OR GOOD AFTERNOON.

10 A. GOOD AFTERNOON.

11 Q. IT’S BEEN A LONG DAY.

12 A. YES, IT HAS.

13 Q. YOU SAID THAT THE MOTOR HOME THAT WAS PARKED ON THE

14 CORNER YOU HAD SEEN THERE PARKED OFTEN, IS THAT RIGHT?

15 A. THERE WAS NOT A MOTOR HOME PARKED THERE THAT

16 AFTERNOON. I HAD SEEN A MOTOR HOME PARKED ON OCCASION ON THAT

17 CORNER QUITE OFTEN, YES.

18 Q. AND IT WAS — DID YOU SEE IT PARKED IN ONE LOCATION

19 OR MORE THAN ONE LOCATION?

20 A. THE MAJORITY OF TIME I SAW IT PARKED ADJACENT.

21 THERE IS A RETAINING WALL ADJACENT TO MY HOUSE THAT RUNS THE

22 LENGTH OF MOUNTAIN PASS TO THE CORNER OF BRIARLEAF AND MOUNTAIN

23 PASS. IT WOULD BE PARKED AT THAT LOCATION.

24 Q. WHAT SIDE OF THE STREET WOULD THAT BE?

25 A. THAT WOULD BE THE NORTH SIDE OF MOUNTAIN PASS.

26 Q. DID YOU SEE IT PARKED IN ANY OTHER AREA?

27 A. I DID SEE IT ON A FEW OCCASIONS PARKED AROUND THE

28 CORNER ON THE OTHER SIDE ON BRIARLEAF, WHICH WOULD BE THE
4674
1 SOUTHEAST CORNER, I GUESS, OF — ACTUALLY, I TAKE THAT BACK. IT

2 WOULD BE THE SOUTHWEST CORNER OF THE BRIARLEAF/MOUNTAIN PASS

3 INTERSECTION.

4 Q. NOW, ON FEBRUARY 2ND, YOU SAY YOU SAW A MOTOR HOME

5 ABOUT 4:30 OR SO IN THE AFTERNOON?

6 A. SOMETIME BETWEEN 3:30 AND 4:30, 5 O’CLOCK, YES.

7 Q. AND THERE WAS SOME CONVERSATION ABOUT WHERE THAT

8 MOTOR HOME WAS GONNA PARK?

9 A. I WAS — YEAH. I WAS JOKING BECAUSE IT WASN’T

10 GOING TO BE ABLE TO PARK IN ITS NORMAL LOCATION, AND I SAW IT

11 TRAVELING UP AND DOWN, AND I WAS KIND OF LAUGHING AT THE FACT

12 THAT HE COULDN’T FIND A PARK SPOT YET.

13 Q. WHEN YOU WERE JOKING ABOUT WHERE THE MOTOR HOME WAS

14 GOING TO PARK YOU WERE WITH SOME OTHER NEIGHBORS OUT THERE?

15 A. I BELIEVE I MAY HAVE BEEN WITH OUR NEXT DOOR

16 NEIGHBOR, WHO AT THAT TIME WAS OUR NEXT DOOR NEIGHBOR WHO HAS

17 SUBSEQUENTLY LEFT, MOVED FROM THE AREA, AND MY WIFE PROBABLY.

18 Q. AND WHO WAS THAT?

19 A. MY WIFE? DIEDRA MEERCHAUM.

20 Q. NO. BESIDES YOUR WIFE, YOUR NEXT DOOR NEIGHBOR?

21 A. SABRA, AND I DON’T KNOW HER LAST NAME OFF THE TOP

22 OF MY HEAD.

23 Q. WOULD THAT HAVE BEEN SABRA MATOUSKI?

24 A. I DON’T KNOW, SIR.

25 Q. THE MOTOR HOME HAD BEEN DISCUSSED FREQUENTLY AMONG

26 THE NEIGHBORS THAT IT WAS AN EYE SORE OR NUISANCE?

27 A. I DON’T KNOW FREQUENTLY. IT WAS DISCUSSED ON

28 OCCASION THE FACT IT WAS VERY DIFFICULT FOR US TO PULL OUT OF
4675
1 OUR DRIVEWAY WHEN IT WAS PARKED ON THE NORTH SIDE OF MOUNTAIN

2 PASS BECAUSE IT BLOCKED THE VIEW OF THE TRAFFIC COMING DOWN THE

3 HILL FROM MOUNTAIN PASS.

4 Q. NOW, WHEN YOU FIRST WOULD SEE THIS MOTOR HOME, IT

5 WOULD BE PARKED THERE FOR SEVERAL DAYS; IS THAT CORRECT?

6 A. DIDN’T REALLY KEEP TRACK OF HOW LONG IT WAS PARKED.

7 IT WAS PARKED THERE FOR MORE THAN ONE DAY, YES.

8 Q. BUT MORE RECENTLY, WHEN YOU WOULD SEE THE MOTOR

9 HOME IT WAS PARKED THERE FOR SHORTER PERIODS OF TIME?

10 A. WELL, LIKE I SAID, I DON’T RECALL SEEING IT IN THE

11 NEIGHBORHOOD FOR — FOR A RATHER LENGTHY PERIOD OF TIME. A

12 MONTH TO TWO MONTHS PRIOR TO THE OCCASION THAT I SAW IT DRIVE

13 BACK.

14 Q. BUT WHEN YOU WOULD SEE IT MORE RECENTLY AS OPPOSED

15 TO EARLIER IT WAS PARKED THERE FOR SHORTER PERIODS OF TIME?

16 A. I’M SORRY. COULD YOU REPEAT THE QUESTION?

17 Q. THE MORE RECENT TIMES THAT YOU SAW THE MOTOR HOME

18 PARKED IN THE NEIGHBORHOOD, IT WAS PARKED THERE FOR SHORTER

19 PERIODS OF TIME?

20 A. PRIOR TO FEBRUARY —

21 Q. FEBRUARY —

22 A. — 1ST AND 2ND? YOU KNOW, I DON’T KNOW. IT WAS

23 JUST — IT WAS A SIMPLE MATTER OF A MOTOR HOME BEING IN THE WAY

24 FOR A WHILE WHILE WE WERE TRYING TO DRIVE OUT, AND THEN ALL OF A

25 SUDDEN IT WAS GONE AND IT WAS GONE FOR A MEASURABLE AMOUNT OF

26 TIME. I MEAN, IT WAS NOT PARKED IN THAT LOCATION FOR A BIT OF

27 TIME.

28 Q. NOW, DO YOU KNOW THE VAN DAMS?
4676
1 A. ONLY BY NAME.

2 Q. AND DID — HAVE YOU SEEN THE VAN DAM GIRL, DANIELLE

3 VAN DAM, SELLING THINGS DOOR-TO-DOOR IN THE NEIGHBORHOOD?

4 A. WE DID. THERE WAS AN OCCASION WHEN I WAS OUT FRONT

5 WASHING MY CAR, AND WHAT I NOW KNOW TO BE DANIELLE AND WHAT I

6 WOULD ASSUME WAS HER YOUNGER BROTHER, CAME UP TO MY WIFE AND I.

7 THIS WAS PRIOR TO THE CHRISTMAS SEASON. AND WE BOUGHT EITHER

8 SOME WRAPPING PAPER OR SOME CANDY FROM THEM. I DON’T KNOW, I

9 CAN’T REMEMBER WHICH, BUT IT WAS ONE OF THE SCHOOL PROJECTS THAT

10 THEY WERE SELLING.

11 Q. YOU WERE ASSUMING IT WAS HER BROTHER?

12 A. I’M ASSUMING IT WAS HER BROTHER, YES, BECAUSE WE

13 BOUGHT SOMETHING FROM THEM, AND THEN MRS. VAN DAM CAME BACK

14 ABOUT TWO WEEKS LATER AND COLLECTED THE CHECK.

15 Q. DURING THE CHRISTMAS HOLIDAYS WERE YOU IN TOWN

16 THEN?

17 A. TO THE BEST OF MY RECOLLECTION I WAS, YES.

18 Q. HOW ABOUT THANKSGIVING, WERE YOU IN TOWN?

19 A. WELL, I’LL TELL YOU WHAT. I’M TRYING TO REMEMBER.

20 AN INDIVIDUAL MEMBER OF MY FAMILY HOSTS THANKSGIVING EACH YEAR A

21 DIFFERENT YEAR, AND I’M TRYING TO REMEMBER WHERE WE WERE,

22 WHETHER WE WERE IN PHOENIX, ESCONDIDO OR SAN DIEGO THIS YEAR, MY

23 HOUSE.

24 Q. AND IF YOU WERE IN PHOENIX OR ESCONDIDO, YOU

25 WOULDN’T HAVE SEEN THE MOTOR HOME HERE IN SAN DIEGO, WOULD YOU?

26 A. THAT’S PROBABLY CORRECT, SIR.

27 MR. BOYCE: I HAVE NOTHING FURTHER, YOUR HONOR.

28 THE COURT: ANYTHING FURTHER, MR. DUSEK?
4677
1 REDIRECT EXAMINATION +

2 BY MR. DUSEK:

3 Q. HOW GOOD’S YOUR VISION?

4 A. CORRECTED IT’S 20/20.

5 Q. YOU TOLD US THAT YOU SAW THE MOTOR HOME PRIMARILY

6 ON WHICH SIDE OF THE STREET WHEN IT WAS PARKED? YOUR SIDE OR

7 MR. WESTERFIELD’S SIDE?

8 A. MY SIDE.

9 Q. DOWN NEAR THE CORNER?

10 A. DOWN NEAR THE — CORRECT.

11 Q. DO YOU KNOW WHO LIVES ON THE CORNER ON YOUR SIDE OF

12 THE STREET?

13 A. IMMEDIATELY BEHIND ME MARK ROHR.

14 Q. DO YOU KNOW IF HE HAS A MOTOR HOME?

15 A. TO MY KNOWLEDGE, NO.

16 Q. THE MOTOR HOME — MR. WESTERFIELD’S MOTOR HOME THAT

17 YOU DESCRIBED SEEING THAT AFTERNOON, DID YOU ONLY SEE HIM MAKE

18 ONE PASS THROUGH THE NEIGHBORHOOD OR —

19 A. ON THAT SATURDAY?

20 Q. YES.

21 A. YES. I ONLY SAW HIM MAKE ONE PASS — OR SEE THE

22 MOTOR HOME MAKE ONE PASS, YES.

23 Q. WERE YOU ABLE TO TELL WHETHER OR NOT THE MOTOR HOME

24 WAS COMING TO THE NEIGHBORHOOD OR LEAVING THE NEIGHBORHOOD?

25 A. YOU KNOW, THE ASSUMPTION THAT I MADE WAS THAT IT

26 WOULDN’T CONTINUE FIND A PARK LOT AND I COULDN’T TELL WHERE IT

27 HAD COME FROM OTHER THAN IT WAS TRAVELING TOWARDS SPRINGHURST

28 AND — IT APPEARED TO BE SLOWING AND STOPPING, AND I DON’T WANT
4678
1 TO SAY MEASURING SPOTS, BUT LOOKING FOR A PLACE TO STOP RATHER

2 THAN — PEOPLE DRIVE PRETTY FAST DOWN THAT STREET AND — TO GET

3 OUT OF THERE, AND SO IT DIDN’T LOOK LIKE HE WAS LEAVING.

4 Q. ALL RIGHT.

5 Q. THE TIME THAT YOU BOUGHT THE CHRISTMAS WHATEVER IT

6 WAS WAS THIS PAST CHRISTMAS?

7 A. CORRECT.

8 Q. DID YOU SEE ANY ADULTS WITH THEM WHEN THEY WERE

9 SELLING STUFF?

10 A. I BELIEVE THEIR FATHER WAS WITH THEM. HE STOOD OUT

11 IN THE STREET WHILE THE KIDS CAME UP THE DRIVEWAY TO APPROACH

12 ME.

13 Q. SO HE LET THE KIDS DO THE SELLING?

14 A. THAT’S MY ASSUMPTION, YEAH.

15 MR. DUSEK: THANK YOU, SIR.

16 THE COURT: ANYTHING FURTHER?

17

18 RECROSS-EXAMINATION+

19 BY MR. BOYCE:

20 Q. YOU DON’T KNOW THE VAN DAMS, THOUGH, DO YOU?

21 A. OTHER THAN THE TIMES THAT I’VE EXPLAINED, NO.

22 Q. AND YOU SAY, I BELIEVE YOU WERE ASSUMING, THAT WAS

23 THE FATHER — THAT WAS THE FATHER OF THE DANIELLE VAN DAM?

24 A. I RECOGNIZED THE FACE TO NOW BE THE FATHER AFTER —

25 I’VE NEVER PERSONALLY SHOOK MR. VAN DAM’S HAND AND SAID HELLO,

26 MR. VAN DAM.

27 MR. BOYCE: THANK YOU. NOTHING FURTHER.

28 THE COURT: IS THIS WITNESS TO BE EXCUSED?
4679
1 MR. DUSEK: YES.

2 MR. BOYCE: YES, YOUR HONOR.

3 THE COURT: ALL RIGHT. THANK YOU, SIR, FOR COMING IN.

4 PLEASE REMEMBER THE ADMONITION NOT TO DISCUSS YOUR TESTIMONY

5 WITH ANYONE UNTIL THE MATTER IS CONCLUDED. THANKS FOR COMING.

6 THE WITNESS: THANK YOU. THANK YOU, YOUR HONOR.

7 MR. DUSEK: RONALD WOODS.

8

9 -RONALD C. WOODS,+

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

11

12 THE COURT: PLEASE HAVE A SEAT, SIR.

13 THE CLERK: PLEASE STATE YOUR NAME AND SPELL YOUR NAME

14 FOR THE RECORD.

15 THE WITNESS: RONALD C. WOODS, W-O-O-D-S.

16 THE CLERK: THANK YOU

17

18 DIRECT EXAMINATION +

19 BY MR. DUSEK:

20 Q. WHAT TYPE OF WORK DO YOU DO, MR. WOODS?

21 A. I AM PRESENTLY UNEMPLOYED.

22 Q. WHAT PART OF TOWN DO YOU LIVE IN?

23 A. SABRE SPRINGS.

24 Q. HOW LONG HAVE YOU LIVED UP THERE?

25 A. IT WILL BE THREE YEARS THIS SEPTEMBER.

26 Q. WHAT STREET DO YOU LIVE ON?

27 A. DAPPLE COURT.

28 Q. DO YOU LIVE WITH ANYONE?
4680
1 A. MY WIFE.

2 Q. ANY KIDS?

3 A. NO.

4 Q. WHERE IS DAPPLE COURT IN RELATION TO THE

5 INTERSECTION OF MOUNTAIN PASS AND BRIARLEAF?

6 A. DAPPLE COURT IS RIGHT OFF OF BRIARLEAF, AND IT’S

7 ACTUALLY RIGHT BEHIND MOUNTAIN PASS.

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

9 2ND OF THIS YEAR. WERE YOU AT HOME THAT SATURDAY AFTERNOON?

10 A. I WAS.

11 Q. DO YOU RECALL BEING IN THE VICINITY OF MOUNTAIN

12 PASS AND BRIARLEAF SOMETIME THAT AFTERNOON?

13 A. YES.

14 Q. WHERE WERE YOU?

15 A. I WAS DOWN THERE RIGHT AT THE INTERSECTION OF

16 BRIARLEAF AND MOUNTAIN PASS TRYING TO FIGURE OUT WHAT HAD

17 HAPPENED. THAT WAS IN THE AFTERNOON.

18 Q. THERE HAD BEEN A COMMOTION IN THE NEIGHBORHOOD?

19 A. YES. I KNEW THAT THERE WAS A YOUNG GIRL THAT WAS

20 MISSING, AND WE WENT DOWN TO FIND OUT WHAT WE COULD FIND OUT.

21 Q. ALL RIGHT.

22 AT THE TIME DID YOU KNOW AN INDIVIDUAL BY THE NAME

23 OF DAVID WESTERFIELD?

24 A. NOT BY NAME.

25 Q. HOW DID YOU KNOW HIM OR OF HIM?

26 A. I LEARNED HIS NAME WITH THE — WITH THE INCIDENT,

27 BUT I WOULD SEE HIM NEARLY EVERY DAY WHEN I WOULD DRIVE THROUGH

28 THE NEIGHBORHOOD, SINCE I HAVE TO GO DOWN THAT STREET TO GET
4681
1 OUT.

2 Q. THE INDIVIDUAL WE’RE TALKING ABOUT YOU SEE HERE IN

3 COURT TODAY?

4 A. YES, I DO.

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

6 HE’S WEARING TODAY?

7 A. HE HAS A GRAY SPORT COAT, HAS A GOATEE AND A DARK

8 COLORED TIE.

9 THE COURT: THE RECORD WILL REFLECT IDENTIFICATION

10

11 BY MR. DUSEK:

12 Q. WHERE DID HE LIVE?

13 A. HE LIVES ON THE CORNER OF BRIARLEAF AND MOUNTAIN

14 PASS.

15 Q. HOW OFTEN WOULD YOU HAVE TO GO BY THAT INTERSECTION

16 TO COME AND GO FROM YOUR PLACE?

17 A. WELL, WHENEVER WE LEFT OUR HOME, WHETHER IT BE TO

18 GO TO WORK OR TO GO TO THE NEIGHBORHOOD STORE WHERE YOU ALWAYS

19 HAD TO DRIVE BY THAT HOUSE.

20 Q. AS YOU’RE ON THE STREET THAT AFTERNOON DID YOU SEE

21 A VEHICLE THAT ATTRACTED YOUR ATTENTION?

22 A. CAN YOU BE MORE SPECIFIC?

23 Q. DID YOU SEE A MOTOR HOME?

24 A. I SAW A MOTOR HOME THAT AFTERNOON.

25 Q. WHERE WERE YOU WHEN YOU SAW IT?

26 A. I WAS TALKING WITH NEIGHBORS FROM THE NEIGHBORHOOD

27 AND WE SAW THE MOTOR HOME DRIVE UP BRIARLEAF.

28 Q. WHERE WERE YOU WHEN YOU SAW THAT?
4682
1 A. I WAS AT THE CORNER OF BRIARLEAF AND MOUNTAIN PASS

2 ON THE WEST SIDE OF THE ROAD, ACTUALLY, RIGHT ON THE CORNER

3 WHERE MR. WESTERFIELD LIVES.

4 Q. WHERE DID YOU SEE THE MOTOR HOME COME FROM?

5 A. THE MOTOR HOME WAS DRIVING UP BRIARLEAF TOWARD THE

6 INTERSECTION I WAS STANDING AT, AND THEN I OBSERVED IT TURNING

7 RIGHT ON MOUNTAIN PASS. AS IT WAS THEN HEADING WEST.

8 Q. LET ME DIRECT YOUR ATTENTION TO THE PHOTOBOARD WE

9 HAVE BEHIND YOU, COURT’S EXHIBIT ONE. WE HAVE PHOTOGRAPHS “A”

10 THROUGH “E”. DO ANY OF THOSE PHOTOS DEPICT THE INTERSECTION

11 WHERE YOU SAW THIS MOTOR HOME GO?

12 A. YES.

13 Q. WHICH PHOTOGRAPH?

14 A. PHOTOGRAPH “C”.

15 Q. CAN YOU POINT OUT THE AREA WHERE YOU BELIEVE MR.

16 WESTERFIELD LIVED? THERE’S A POINTER I THINK RIGHT BY YOU.

17 A. I BELIEVE THIS IS HIS HOME RIGHT HERE.

18 Q. APPEARS TO BE THE GRAY COLORED HOME ON THE CORNER

19 IMMEDIATELY TO THE RIGHT OF THE STREET?

20 A. YES. THAT’S CORRECT.

21 Q. AND IS THAT THE CORNER WHERE YOU AND YOUR FRIENDS

22 WERE STANDING?

23 A. YES. WE WERE STANDING RIGHT HERE.

24 Q. WHICH IS RIGHT ON THE SIDEWALK CORNER AT THAT

25 INTERSECTION?

26 A. YES.

27 Q. AND DO YOU SEE WHERE THE MOTOR HOME CAME FROM?

28 A. IT CAME UP HEADING SOUTH ON BRIARLEAF, SO RIGHT
4683
1 ABOUT — RIGHT HERE AT THIS — AT THE STOP.

2 Q. LET ME GIVE YOU — LET’S PUT YOU IN RED ON

3 PHOTOGRAPH “C” AND IF YOU’D DRAW A LINE WHERE YOU SAW THE MOTOR

4 HOME GO.

5 A. (WITNESS COMPLYING.)

6 Q. DID YOU PUT AN ARROW ON THE END OF THAT SO WE KNOW

7 WHICH DIRECTION?

8 A. YES, I DID.

9 Q. ALL RIGHT.

10 COULD YOU TELL WHO WAS DRIVING IT?

11 A. YES.

12 Q. WHO WAS DRIVING IT?

13 A. MR. WESTERFIELD WAS.

14 Q. HOW COULD YOU TELL?

15 A. I HAD SEEN THE MOTOR HOME MANY TIMES AND I KNEW WHO

16 HE WAS BY SIGHT AND I COULD SEE THAT HE WAS THE ONE OPERATING

17 IT.

18 Q. DID YOU SEE WHERE IT WENT?

19 A. I SAW IT DRIVE THROUGH THAT INTERSECTION AND

20 PROCEED DOWN MOUNTAIN PASS. I DID NOT — I DON’T THINK IT

21 STOPPED ANYWHERE IN THE VICINITY BECAUSE OF THE FACT THERE WAS

22 SO MUCH MEDIA AND MOTION THAT WAS IN THE — THAT AREA THAT THERE

23 WAS NO PLACE FOR HIM TO PULL A VEHICLE THAT LARGE OFF

24 Q. SO YOU NEVER DID SEE IT STOP?

25 A. IT DID NOT STOP IN MY — IN THE IMMEDIATE AREA. I

26 DID NOT WATCH IT GO ALL THE WAY DOWN THE STREET.

27 Q. HOW LONG DID YOU REMAIN OUT THERE AT THAT AREA?

28 A. WE WERE PROBABLY THERE FOR ABOUT 10 TO 15 MORE
4684
1 MINUTES.

2 Q. DID YOU EVER SEE MR. WESTERFIELD COME BACK ON FOOT?

3 A. NO.

4 Q. WOULD YOU BE ABLE TO RECOGNIZE HIM?

5 A. YES.

6 Q. HAD YOU BEEN OUT FRIDAY NIGHT, THE NIGHT BEFORE

7 THIS INCIDENT?

8 A. NO.

9 Q. DO YOU RECALL WHETHER OR NOT YOU WERE IN A POSITION

10 TO DETERMINE WHETHER OR NOT THE MOTOR HOME WAS THERE FRIDAY

11 NIGHT?

12 A. I DON’T REMEMBER SEEING IT.

13 Q. DID YOU GO OUT FOR A WALK THAT EVENING?

14 A. I WENT DOWN — I — I DROVE DOWN THE ROAD BECAUSE I

15 RETURNED FROM WORK AND I DIDN’T SEE IT THEN.

16 Q. WHAT TIME WAS THAT PROBABLY ABOUT?

17 A. IT WAS PROBABLY 5:00 P.M.

18 Q. AND THE TIME THAT YOU’RE ESTIMATING SEEING IT ON

19 SATURDAY, HOW CAN YOU GIVE US THE TIME?

20 A. WELL, I KNOW EXACTLY WHEN I SAW THE VEHICLE BECAUSE

21 WE HAD FRIENDS COMING OVER FOR DINNER AT 6:00 P.M. AND I SAW

22 THAT IT WAS 4:00 AND WE WANTED TO FIND OUT WHAT WAS GOING ON.

23 SO MY WIFE AND I DECIDED TO GO SEE WHAT WE COULD FIND OUT FROM

24 THE NEIGHBORHOOD, AND SO WHEN I SAW THE MOTOR VEHICLE —

25 Q. WHICH WAS ABOUT WHAT TIME?

26 A. — IT WAS PROBABLY AROUND 4:30.

27 MR. DUSEK: THANK YOU, SIR.

28 THE COURT: CROSS-EXAMINATION.
4685
1 MR. BOYCE: THANK YOU, YOUR HONOR.

2

3 CROSS-EXAMINATION +

4 BY MR. BOYCE:

5 Q. WHEN YOU WALKED DOWN TO THE INTERSECTION AT ABOUT 4

6 O’CLOCK P.M. ON SATURDAY, YOU SAW ANOTHER COUPLE DOWN THERE?

7 A. THERE WAS SEVERAL PEOPLE FROM THE NEIGHBORHOOD

8 THERE.

9 Q. AND IT WAS AT THAT TIME THAT THE MOTOR HOME DROVE

10 PAST?

11 A. WHEN I WAS STANDING THERE TALKING WITH OTHERS, YES.

12 Q. AND THAT’S — WHEN THERE WAS SOME CONVERSATION

13 ABOUT WHERE THE MOTOR HOME WAS GONNA PARK WITH ALL THE MEDIA

14 COVERAGE?

15 A. YES. THERE WAS NO PARKING.

16 Q. THIS MOTOR HOME HAD BEEN AN EYE SORE IN THE

17 NEIGHBORHOOD, HADN’T IT?

18 A. NOT TO ME PERSONALLY.

19 Q. DID OTHER PEOPLE COMPLAIN TO YOU ABOUT IT?

20 A. NO.

21 Q. YOU HAD SEEN IT PARKED OUT THERE FREQUENTLY,

22 THOUGH?

23 A. YES.

24 Q. THAT DAY DID YOU TALK TO THE POLICE AT ALL?

25 A. YES.

26 Q. WHEN DID YOU TALK TO THE POLICE?

27 A. I SPOKE TO POLICE OFFICERS APPROXIMATELY 5:30 THAT

28 NIGHT.
4686
1 Q. DID THEY COME TO YOUR HOUSE?

2 A. YES.

3 Q. IN OTHER WORDS, THEY CONTACTED YOU, YOU DIDN’T

4 CONTACT THEM, IS THAT RIGHT?

5 A. YES.

6 Q. HOW MANY OCCASIONS DID THE POLICE CONTACT YOU?

7 A. THERE’S PROBABLY ABOUT FOUR DIFFERENT OCCASIONS

8 THAT I ACTUALLY TALKED TO A POLICE OFFICER.

9 Q. THIS — DID THEY ALL OCCUR AT YOUR HOUSE?

10 A. YES.

11 Q. WHEN WAS THE MOST RECENT TIME THAT YOU WERE

12 CONTACTED BY THE POLICE?

13 A. THE LAST TIME THAT I SPOKE TO A POLICE OFFICER WAS

14 WHEN A PLAIN CLOTHES DETECTIVE WAS TALKING TO ME AND THE CANINE

15 UNIT WAS THERE TO DO THE HOUSE SEARCH WITH THE DOG.

16 Q. DO YOU RECALL TALKING TO A POLICE OFFICER ON

17 FEBRUARY 6TH, WHICH WOULD HAVE BEEN TWO DAYS AFTER YOU SAW THE

18 MOTOR HOME?

19 MR. DUSEK: OBJECTION, MISSTATES THE EVIDENCE.

20 THE COURT: I’M NOT SURE SINCE I DON’T HAVE THE REPORT IN

21 FRONT OF ME. WHAT’S THE DATE ON THE REPORT?

22 MR. DUSEK: THE DATE HE SAW THE MOTOR HOME.

23 THE COURT: OH, ALL RIGHT.

24

25 BY MR. BOYCE:

26 Q. I’M SORRY, FIVE DAYS AFTER YOU SAW THE MOTOR HOME,

27 FEBRUARY 6TH?

28 A. I BELIEVE I DID SPEAK TO AN OFFICER ON THE 6TH.
4687
1 Q. AND AT THAT TIME DID YOU TELL THE OFFICER THAT YOU

2 HAD SEEN A MOTOR HOME ON THE NEWS AND YOU WERE SURE THAT IT WAS

3 NOT THE RIGHT ONE?

4 A. YES.

5 MR. BOYCE: I HAVE NOTHING FURTHER.

6 THE COURT: ANYTHING FURTHER?

7 MR. BOYCE: I’M SORRY.

8 THE COURT: WHOOPS.

9

10 BY MR. BOYCE:

11 Q. BACK TO WHEN YOU WERE AT THE CORNER ON FEBRUARY 1ST

12 WHEN YOU SAW THE MOTOR HOME GO BY, DID YOU LAUGH WITH YOUR

13 NEIGHBORHOODS ON THE CORNER, SAYING THAT THE MOTOR HOME WAS

14 GOING TO HAVE FUN TRYING TO FIND A PLACE TO PARK?

15 A. YES.

16 MR. BOYCE: I HAVE NOTHING FURTHER.

17 THE COURT: MR. DUSEK.

18

19 REDIRECT EXAMINATION +

20 BY MR. DUSEK:

21 Q. THE MOTOR HOME YOU SAW ON THE NEWS, WAS THAT MR.

22 WESTERFIELD’S MOTOR HOME?

23 A. WELL, I’M NOT SURE WHICH OCCASION YOU’RE REFERRING

24 TO.

25 Q. NEWS MEDIA HAD IT WRONG, DIDN’T THEY?

26 A. THEY DID AT THAT TIME, BUT THEN IN SUBSEQUENT NEWS

27 REPORTS THEY — I DID, IN FACT, SEE THE CORRECT R. V.

28 Q. AND THE ONE THAT YOU WERE REFERRING TO THAT YOU
4688
1 WERE JUST ASKED QUESTIONS ABOUT WAS THE MISIDENTIFICATION ON THE

2 NEWS OF THE MOTOR HOME, WASN’T IT?

3 A. YES.

4 MR. DUSEK: THANK YOU, SIR.

5 THE COURT: ANYTHING FURTHER?

6 MR. BOYCE: NO, YOUR HONOR.

7 THE COURT: IS THIS WITNESS TO BE EXCUSED?

8 MR. DUSEK: YES, PLEASE.

9 MR. BOYCE: YES.

10 THE COURT: THANK YOU, SIR, FOR COMING IN. REMEMBER THE

11 ADMONITION NOT TO DISCUSS YOUR TESTIMONY WITH ANYONE UNTIL THE

12 MATTER’S CONCLUDED. HAVE A GOOD DAY.

13 MR. DUSEK: AT LEAST GET STARTED.

14 THE COURT: OKAY. SOUNDS GOOD TO ME.

15 THE COURT: ANGELA ELKUS.

16 MR. BOYCE: YOUR HONOR, COULD WE APPROACH SIDE BAR ON

17 THIS WITNESS?

18 THE COURT: SURE.

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4690
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4 (THE FOLLOWING PROCEEDINGS WERE HELD IN
OPEN COURT IN THE PRESENCE OF THE JURY:)
5

6 THE COURT: LADIES AND GENTLEMEN, I’M GOING TO HAVE TO

7 DISCUSS THIS A LITTLE BIT FURTHER WITH THE LAWYERS, SO RATHER

8 THAN HANG YOU UP I’M GOING TO LET YOU GO FOR THE NIGHT.

9 I WANT TO BRING TO YOUR ATTENTION TWO SCHEDULING

10 CHANGES FOR TOMORROW. BECAUSE OF CALENDAR CONFLICTS WE’RE NOT

11 GOING TO BE ABLE TO START UNTIL 9:30 TOMORROW MORNING. SO MAKE

12 A NOTE THAT WE’RE GOING TO START AT 9:30.

13 ALSO, ONE OF YOU HAS A DOCTOR’S APPOINTMENT AT 1

14 O’CLOCK TOMORROW AFTERNOON. SO WHAT WE’RE GOING TO DO IS WE’RE

15 GOING TO START AT 9:30, WE’RE GOING TO WORK ALL THE WAY TILL

16 12:30, AND THEN OUR LUNCH BREAK WILL BE FROM 12:30 TO 2 O’CLOCK

17 SO THAT THIS INDIVIDUAL CAN HAVE THE DOCTOR’S APPOINTMENT AND

18 NOT DISRUPT THE TRIAL.

19 SO TOMORROW WE START AT 9:30. WE GO TO 12:30. OUR

20 LUNCH BREAK WILL BE 12:30 TO 2:00, AND THEN WE’LL GO TO 4:30.

21 PLEASE REMEMBER THE ADMONITION OF THE COURT NOT TO

22 DISCUSS ANY OF THE EVIDENCE OR TESTIMONY AMONG YOURSELVES OR

23 WITH OTHER PERSONS. PLEASE DO NOT FORM OR EXPRESS ANY OPINION

24 ON THE CASE UNTIL IT IS SUBMITTED TO YOU FOR DECISION.

25 HAVE A PLEASANT EVENING EVERYONE. WE’LL SEE YOU AT

26 9:30 TOMORROW MORNING.

27 (AT 4:26 P.M. THE JURY WAS EXCUSED
AND THE FOLLOWING PROCEEDINGS WERE HAD:)
28
4691
1 THE COURT: OKAY. THE RECORD SHOULD REFLECT THE JURORS

2 AND ALTERNATES HAVE LEFT THE COURTROOM.

3 THE SUBJECT MATTER OF THIS DISCUSSION IS AN

4 EVIDENTIARY ONE THAT IS SUBJECT TO CONFIDENCE. THE COURTROOM

5 WILL BE CLOSED AT THIS TIME AND I’M REQUESTING ALL MEDIA TO BE

6 TERMINATED.

7 THANK YOU.

8

9 (WHEREUPON THE COURTROOM IS EMPTIED

10 OF EVERYONE EXCEPT COURT STAFF AND

11 PARTIES TO THE TRIAL.)

12

13

14 (SEALED PROCEEDINGS FOLLOW THIS DATE, PAGES 4693 TO

15 4701, BOUND IN SEPARATE VOLUME 15-A. UNSEALED

16 PROCEEDINGS CONTINUE ON PAGE 4702. NOTHING OMITTED.)

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24 - Day 7- June 13th 2002 - Transcript criminal trial David Westerfield
22 - Day 6- June 12th 2002 - Transcript criminal trial David Westerfield