DAY 7 – SAN DIEGO, CALIFORNIA, THURSDAY, JUNE 13, 2002 (morning 2)
WITNESSES:
Beverly Jean Askey (testified about motor home campground Silver Strand),
Teresa Hastings (testified about Coronado Strand campground),
Nicole Arsenault (testified about Silver Strand)
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1 THE COURT: OKAY. WELCOME BACK, LADIES AND GENTLEMEN.
2 ALL RIGHT. MR. DUSEK.
3 MR. DUSEK: BEVERLY ASKEY.
4
5 -BEVERLY ASKEY, +
6 THE PEOPLE’S WITNESS, HAVING BEEN SWORN, TESTIFIED AS FOLLOWS:
7
8 THE COURT: PLEASE HAVE A SEAT, MA’AM.
9 THE CLERK: MA’AM, WOULD YOU PLEASE STATE YOUR NAME AND
10 SPELL IT FOR THE RECORD.
11 THE WITNESS: BEVERLY JEAN ASKEY. IT’S B-E-V-E-R-L-Y,
12 AND JEAN IS J-E-A-N, THE LAST NAME IS ASKEY, A-S-K-E-Y.
13
14 DIRECT EXAMINATION +
15 BY MR. DUSEK:
16 Q. IS IT MRS. ASKEY?
17 A. YES.
18 Q. MRS. ASKEY, WHAT PART OF THE COUNTY DO YOU LIVE IN?
19 A. EL CAJON.
20 Q. ARE YOU MARRIED?
21 A. YES.
22 Q. DO YOU HAVE ANY KIDS?
23 A. I HAVE THREE.
24 Q. I’D LIKE TO DIRECT YOUR ATTENTION BACK TO FEBRUARY
25 2ND OF THIS YEAR. DID YOU GO OUT ON A LITTLE TRIP?
26 A. YES, I DID, UP TO — YES.
27 Q. WHERE DID YOU GO?
28 A. TO CORONADO STRAND.
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1 Q. IS THAT CALLED THE SILVER STRAND?
2 A. RIGHT.
3 Q. WHO DID YOU GO THERE WITH?
4 A. MY DAUGHTER AND HER FAMILY.
5 Q. SHE’S AN ADULT DAUGHTER?
6 A. RIGHT. SHE GOT MARRIED AND HAS TWO — TWO
7 CHILDREN.
8 Q. WHAT DAY OF THE WEEK DID YOU GO OVER THERE?
9 A. FRIDAY.
10 Q. THAT WAS FEBRUARY 1ST?
11 A. I GUESS, YES.
12 Q. WHAT TYPE OF RIG DO YOU HAVE?
13 A. I HAVE A MOTOR HOME.
14 Q. HOW LONG?
15 A. THIRTY-ONE FEET.
16 Q. AND HOW ABOUT YOUR DAUGHTER, WHAT DOES SHE HAVE?
17 A. SHE HAS A TRAILER.
18 Q. WHO DID SHE BRING WITH HER?
19 A. HER HUSBAND AND HER DAUGHTER AND SON.
20 Q. CAN YOU REMEMBER ABOUT WHAT TIME YOU GUYS GOT THERE
21 ON FRIDAY?
22 A. NO. NO, I DON’T EXACTLY.
23 Q. HOW MUCH DOES IT COST?
24 A. I THINK IT’S $12 A NIGHT.
25 Q. AND HOW LONG DID YOU EXPECT TO STAY?
26 A. UNTIL SUNDAY, TWO NIGHTS.
27 Q. WHEN YOU ARRIVE IN A LOCATION LIKE THE SILVER
28 STRAND IN YOUR MOTOR HOME, WHAT DO YOU DO TO GET SET UP?
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1 A. OH, GENERALLY I HAVE A CARPET YOU PUT DOWN, YOU GET
2 OUT CHAIRS, AND IF IT’S A NICE DAY WE’LL PUT OUT THE AWNING OR
3 PUT OUT THE BARBEQUE, THAT KIND OF THING.
4 Q. WHY DO YOU DO ALL THAT?
5 A. JUST TO SET UP TO MAKE IT COMFORTABLE FOR THE —
6 FOR THE WEEKEND.
7 Q. DO YOU HAVE TO DO ANYTHING TO LEVEL THE MOTOR HOME?
8 A. YES. I HAVE — I HAVE JACKS THAT I USE THAT ARE
9 AUTOMATIC. YOU JUST PUT THEM DOWN AND ADJUST THEM TO MAKE IT
10 LEVEL.
11 Q. WHY DO YOU NEED TO MAKE IT LEVEL?
12 A. WELL, TO KEEP REGRIGERATORS AND EVERYTHING GOING
13 PROPERLY. IT’S BEST IF THEY DON’T — THEY’LL NOT BREAK IF YOU
14 LEVEL EVERYTHING OUT.
15 Q. IF THE MOTOR HOME IS NOT LEVELED OUT WHAT HAPPENS
16 TO THE REFRIGERATOR?
17 A. WELL, EVENTUALLY IT WILL WEAR OUT. IT WON’T RUN
18 RIGHT AND IT WILL BREAK.
19 Q. HOW LONG HAVE YOU HAD THE MOTOR HOME?
20 A. THE ONE I HAVE NOW I’VE HAD FOR SIX YEARS.
21 Q. IS THAT SOMETHING YOU LEARN EARLY ON THAT YOU HAVE
22 TO LEVEL?
23 A. YES.
24 Q. ALL RIGHT.
25 I’D NOW LIKE TO MOVE OVER TO SATURDAY MORNING, THE
26 2ND OF FEBRUARY. DID YOU BECOME AWARE OF ANOTHER MOTOR HOME IN
27 THE SILVER STRAND AREA?
28 A. YES. I MEAN, PERTAINING TO THIS MOTOR HOME, YES.
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1 I MEAN THERE WAS OTHER MOTOR HOMES THERE.
2 Q. IT’S THE ONE WE WERE TALKING ABOUT UPSTAIRS?
3 A. YES, YEAH.
4 Q. HOW DID YOU BECOME AWARE OF THAT MOTOR HOME?
5 A. IT PULLED IN AND JUST PARKED AND CLOSED EVERYTHING
6 UP AND NEVER CAME OUT.
7 Q. ARE YOU ABLE TO ESTIMATE FOR US WHEN IT PULLED IN?
8 A. I THINK — WELL, NOT REALLY. I THINK BETWEEN 8:00
9 AND 10 O’CLOCK IN THE MORNING.
10 Q. WHY DO YOU ESTIMATE THAT?
11 A. WELL, 8 O’CLOCK IN THE MORNING THE GATES OPEN, AND
12 10 O’CLOCK THE GENERATORS COULD GO ON AND THE GIRLS — MY
13 DAUGHTER WAS WAITING TO DRY HER HAIR, SO THAT’S KIND OF HOW I
14 HAVE THE ESTIMATE, WAITING TO DRY HER HAIR AND WE WERE GETTING
15 READY TO GO FOR A BIKE RIDE AFTER THAT.
16 Q. WHEN YOU TALK ABOUT THE GENERATORS ARE ABOUT TO GO
17 ON, WHAT ARE THEY FOR?
18 A. THEY’RE TO RUN ALL THE ELECTRICAL APPLIANCES IN
19 MOTOR HOMES.
20 Q. IS THAT SOMETHING THAT YOU HAVE IN YOUR MOTOR HOME?
21 A. RIGHT, RIGHT.
22 Q. ARE THERE ELECTRICAL HOOKUPS AT THE SILVER STRAND?
23 A. NO, NOT AT ALL.
24 Q. SO YOU HAVE TO BRING YOUR OWN ELECTRICITY?
25 A. RIGHT. IF YOU HAVE ANYTHING ELECTRICAL YOU HAVE TO
26 HAVE A GENERATOR.
27 Q. IS THERE SEWER AT THE STRAND?
28 A. THERE IS NO SEWER. YOU CAN PULL YOUR MOTOR HOME BY
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1 THE RESTROOM AREA AND THEY HAVE ACCESS FOR WATER THERE BUT NO
2 SEWER DUMP.
3 Q. AND WHY IS THERE A TIME LIMIT ON WHEN THE
4 GENERATORS CAN START WORKING?
5 A. SO — QUIET TIME SO PEOPLE CAN HAVE TIME WITHOUT
6 GENERATORS AND NOISE.
7 Q. AND THE TIME LIMIT THAT THEY CAN START AT THE
8 STRAND IS WHAT TIME?
9 A. 10 O’CLOCK IN THE MORNING.
10 Q. AND YOU GUYS WERE WAITING FOR WHAT?
11 A. RIGHT, MY DAUGHTER WAS.
12 Q. WHY —
13 A. TO DRY HER HAIR, SHE EVENTUALLY WANTED TO WASH AND
14 DRY HER HAIR FOR THE MORNING — FOR THE DAY.
15 Q. CAN YOU DESCRIBE THIS MOTOR HOME FOR US?
16 A. THE ONE I SAW?
17 Q. YES.
18 A. IT WAS A NEWER TYPE MOTOR HOME, A SOUTHWIND.
19 THAT’S, YOU KNOW, A LONGER ONE. I THINK IT WAS LONGER THAN
20 MINE.
21 Q. HOW LONG IS YOURS?
22 A. THIRTY-ONE.
23 Q. LET ME SHOW YOU WHAT’S BEEN PREVIOUSLY MARKED AS
24 COURT’S EXHIBIT 49, THIS PHOTO DISPLAY BOARD BEHIND YOU LABELED
25 AT THE TOP 1997 SOUTHWIND MOTOR HOME, ROMAN NUMERAL ONE. DO YOU
26 RECOGNIZE THAT?
27 A. IT LOOKS LIKE THE ONE I SAW.
28 Q. YOU DIDN’T GET THE LICENSE PLATE, DID YOU?
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1 A. NO, NO.
2 Q. WHERE WAS IT PARKED IN RELATION TO YOUR SPOT?
3 A. CLOSE TO THE CAMP HOST AREA. IT WAS THE FIRST
4 SPOT, YOU KNOW, TO THE CAMP HOST AREA IN THE MIDDLE OF THE WHOLE
5 CAMP GROUND.
6 Q. ABOUT HOW FAR AWAY FROM YOUR LOCATION?
7 A. SOMEWHERE AROUND TEN SPACES, BECAUSE I DON’T
8 REMEMBER EXACTLY WHAT SPACE I WAS IN, ABOUT TEN SPACES DOWN IT
9 WAS.
10 Q. WOULD THIS SOUTHWIND BE ON YOUR DRIVER’S SIDE OR
11 PASSENGER SIDE OF YOUR —
12 A. THE DRIVER’S SIDE OF MINE.
13 Q. YOU WERE LOOKING AT WHAT SIDE OF THE SOUTHWIND?
14 A. IT WOULD BE THE PASSENGER SIDE.
15 Q. SO YOU’D SEE THE PASSENGER DOOR?
16 A. RIGHT.
17 Q. DID YOU ACTUALLY SEE IT ARRIVE?
18 A. YES, I DID.
19 Q. WHAT DID IT DO WHEN IT ARRIVED?
20 A. IT JUST PULLED UP AND HE PULLED THE FRONT —
21 SOMEBODY PULLED THE FRONT CURTAIN, YOU KNOW, CLOSED AND I NEVER
22 SAW ANYBODY UNTIL LATER.
23 Q. FRONT CURTAIN CLOSED ON WHAT WINDOW?
24 A. ON THE MAIN WINDOW, THE FRONT OF THE MOTOR HOME,
25 THE DRIVER’S WINDOW THAT YOU CAN SEE OUT AS YOU DRIVE.
26 Q. WOULD THAT BE LIKE THE WINDSHIELD?
27 A. RIGHT.
28 Q. LET ME MAKE SURE WE’RE TALKING ABOUT THE SAME
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1 WINDOW. DO YOU SEE THAT SAME WINDOW ON EXHIBIT 49?
2 A. RIGHT. IT WOULD BE MARKED “A”.
3 Q. IN PHOTOGRAPH “A”?
4 A. RIGHT.
5 Q. THE FRONT WINDSHIELD?
6 A. RIGHT.
7 Q. THOSE ARE WHAT YOU SAW CLOSED?
8 A. RIGHT.
9 Q. HOW QUICKLY UPON GETTING THERE?
10 A. AS SOON AS HE PARKED THEY CLOSED UP THE — IT WAS
11 CLOSED UP.
12 Q. HOW MANY PEOPLE DID YOU SEE INSIDE THE MOTOR HOME?
13 A. AT THAT TIME JUST THE PERSON WHO CLOSED IT IS ONE.
14 Q. AT ANOTHER TIME DID YOU SEE OTHER PEOPLE INSIDE?
15 A. NO, NO, I DIDN’T.
16 Q. SO YOU ONLY SAW ONE PERSON?
17 A. RIGHT.
18 Q. CAN YOU DESCRIBE THE PERSON THAT YOU SAW INSIDE?
19 A. NOT — NO, HUH-UH. JUST — I KNEW IT WAS A MAN.
20 AT THAT POINT, NO. I SAW HIM LATER BUT NOT THAT TIME.
21 Q. HOW ABOUT THE OTHER WINDOWS ON THE MOTOR HOME, DO
22 YOU RECALL WHETHER OR NOT THEY WERE OPENED OR CLOSED?
23 A. NO, I DON’T RECALL.
24 Q. FRONT WINDOW WAS CLOSED, WHAT TYPE OF DAY WAS IT?
25 A. IT WAS A NICE DAY.
26 Q. WHAT DO YOU MEAN BY THAT?
27 A. WELL, SUNNY DAY. I MEAN, IT WAS A NICE DAY OUT.
28 Q. WERE YOU OUTSIDE?
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1 A. I WAS FOR A LITTLE WHILE. I WAS COMING DOWN WITH
2 THE FLU AND SO I WAS NOT OUT A LOT, NO.
3 Q. DID YOU SEE OTHER PEOPLE ENJOYING THE OUTDOORS?
4 A. YES, YEAH.
5 Q. WHAT WERE THEY DOING OUTDOORS?
6 A. BICYCLING AND WALKING AROUND AND JUST ENJOYING
7 THEMSELVES.
8 Q. I THINK YOU SAID YOUR GRANDKIDS WERE THERE?
9 A. I HAD TWO GRANDKIDS THERE.
10 Q. WHAT WERE THEY DOING?
11 A. BICYCLING AND RUNNING AROUND. THE LITTLE ONE, THE
12 SEVEN-YEAR-OLD, JUST GETS OUT AND PLAYS A LOT, SO THEY WERE
13 OUTSIDE.
14 Q. DID YOU SEE ANYONE DOWN AT THE BEACH IN THE WATER?
15 A. UM-HMM, YEAH — YES.
16 Q. THEY WERE ACTUALLY IN THE WATER?
17 A. OH, IN THE WATER, NO, I DON’T RECALL THAT.
18 Q. DID YOU SEE ANY OTHER ACTIVITY — WELL, BESIDES
19 CLOSING THE FRONT CURTAINS, DID YOU SEE ANY SETUP TO THAT MOTOR
20 HOME?
21 A. NO, IT DIDN’T.
22 Q. ANY CHAIRS OR AWNINGS OR CARPETING YOU WERE TALKING
23 ABOUT?
24 A. NO, I DIDN’T.
25 Q. WHAT WAS THE NEXT THING THAT YOU SAW HAPPEN WITH
26 REGARD TO THAT MOTOR HOME?
27 A. WELL, AFTER A WHILE THE RANGER PULLED UP NEXT TO IT
28 AND KNOCKED ON THE DOOR.
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1 Q. HAD YOU EVER SEEN THE OCCUPANT OF THAT MOTOR HOME
2 GET OUT OF THE MOTOR HOME UNTIL THE RANGER SHOWED UP?
3 A. NO, I DID NOT.
4 Q. HOW DO YOU PAY DOWN THERE?
5 A. THERE’S — GENERALLY, THERE’S AN ENVELOPE THAT YOU
6 CAN PICK UP WHEN YOU DROP — YOU FILL IT OUT AND DROP YOUR MONEY
7 INTO A SLOT. IT’S LIKE A STEEL SLOT. SO THEN THE RANGER PICKS
8 IT UP AND HE TAKES CARE OF THE MONEY.
9 Q. DESCRIBE WHAT HAPPENED WHEN THE RANGER CAME TO THIS
10 MOTOR HOME.
11 A. WELL, I SAW HIM KNOCK ON THE DOOR AND THE MAN
12 OPENED THE DOOR AND CAME OUT AND SHUT THE DOOR BEHIND HIM AND,
13 IF I REMEMBER RIGHT, THEY KIND OF WALKED TO THE BACK OF THE
14 MOTOR HOME AND WERE TALKING, BUT I DIDN’T KNOW — THAT WAS ALL I
15 SAW.
16 Q. DO YOU KNOW HOW LONG THE RANGER WAS KNOCKING AT THE
17 DOOR BEFORE HE GOT A RESPONSE?
18 A. I DON’T THINK IT WAS VERY LONG, YOU KNOW. I DON’T
19 KNOW.
20 Q. WHEN THE INDIVIDUAL CAME OUT, DID HE LEAVE THE DOOR
21 OPEN?
22 A. NO. HE CLOSED THE DOOR.
23 Q. HOW QUICKLY?
24 A. JUST CAME OUT AND CLOSED THE DOOR.
25 Q. DID HE REMAIN THERE BY THE DOOR?
26 A. NO. THEY KIND OF WALKED BACK TOWARDS THE BACK OF
27 THE MOTOR HOME.
28 Q. DO YOU RECALL WHERE YOU WERE WHEN YOU WERE WATCHING
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1 THIS?
2 A. AT THE — WELL, I HAD GOTTEN ON THE BIKE TO GO
3 RIDING DOWN WITH THE KIDS. I THOUGHT I COULD GO BICYCLE RIDING.
4 I COULDN’T BECAUSE, LIKE I SAID, I WAS GETTING THE FLU. SO I
5 WAS DOWN BY THE FRONT OF HIS MOTOR HOME AND TURNED AROUND AND
6 CAME BACK AND WENT IN MY MOTOR HOME AND KIND OF WATCHED WHAT WAS
7 GOING ON.
8 Q. WHILE YOU WERE DOING THAT DID YOU GET ANY BETTER
9 LOOK AT THE MAN FROM THE MOTOR HOME TO BE ABLE TO DESCRIBE HIM
10 OR IDENTIFY HIM?
11 A. NO, NOT REALLY. I WASN’T PAYING THAT MUCH
12 ATTENTION. YOU KNOW, I KNEW HE WAS A MAN AND HE HAD JEANS ON
13 BUT I COULDN’T TELL YOU DEFINITE FEATURES.
14 Q. DO YOU RECALL ANYTHING ABOUT HAIR OR BODY SIZE,
15 ANYTHING AT ALL?
16 A. AVERAGE SIZE, THAT’S ALL I REMEMBER.
17 Q. ALL RIGHT.
18 DID YOU HEAR ANYTHING SAID BETWEEN THE RANGER AND
19 THE OCCUPANT OF THE MOTOR HOME?
20 A. I THOUGHT I HEARD HIM SAY SOMETHING THAT THIS IS
21 LIKE WINNING THE LOTTERY, AND TO ME IT MEANT THIS IS A GREAT
22 PLACE HERE.
23 MR. BOYCE: OBJECTION, SPECULATION.
24 THE COURT: AS TO WHAT IT MEANT, SUSTAINED.
25 NEXT QUESTION.
26
27 BY MR. DUSEK:
28 Q. WHICH INDIVIDUAL SAID THIS IS LIKE WINNING THE
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1 LOTTERY?
2 A. THE MAN WHO WAS IN THE MOTOR HOME.
3 Q. WHAT NEXT DO YOU RECALL HAPPENED?
4 A. THEY TALKED AND THEN HE WENT BACK IN THE MOTOR
5 HOME, AND I DON’T KNOW HOW MUCH LONGER IT WAS, IT WASN’T TOO
6 MUCH LONGER AFTER THAT THEN HE LEFT.
7 Q. “HE” BEING THE MAN FROM THE MOTOR HOME?
8 A. RIGHT.
9 Q. WHEN YOU SAY NOT TOO MUCH LONGER, ARE YOU YOU ABLE
10 TO ESTIMATE FOR US?
11 A. NO. AT THAT TIME I WAS STARTING TO GET PRETTY SICK
12 AND IT WAS — I CAN’T GIVE YOU AN ESTIMATE, NO.
13 Q. ARE YOU ABLE TO ESTIMATE FOR US HOW LONG THE MOTOR
14 HOME WAS AT THE CAMPGROUNDS THAT DAY?
15 A. NO, I REALLY CAN’T.
16 Q. AND AFTER THE MAN HAD THE EXCHANGE WITH THE RANGER,
17 DID YOU EVER SEE HIM COME OUTSIDE AND ENJOY THE OUTDOORS?
18 A. NO, I DID NOT.
19 MR DUSEK: THANK YOU, MA’AM.
20 THE COURT: CROSS-EXAMINATION.
21 MR. BOYCE: THANK YOU, YOUR HONOR.
22
23 CROSS-EXAMINATION +
24 BY MR. BOYCE:
25 Q. GOOD MORNING, MS. ASKEY.
26 A. GOOD MORNING.
27 Q. WHEN YOU MADE THESE OBSERVATIONS OF THE MOTOR HOME
28 YOU WERE — YOU WERE THERE IN A MOTOR HOME, IS THAT RIGHT?
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1 A. RIGHT. RIGHT.
2 Q. YOU WERE SEATED ON YOUR COUCH IN THE MOTOR HOME?
3 A. I WAS PROBABLY SEATED ON THE COUCH OR THE CHAIR. I
4 REALLY DON’T REMEMBER BECAUSE, YOU KNOW, I OFTEN SIT LOOKING OUT
5 THE WINDOWS. IT HAS BIG WINDOWS AND I WAS SEEING WHAT’S GOING
6 ON. LIKE I SAID, I WAS SICK AND I DON’T EXACTLY RECALL WHERE I
7 WAS SITTING.
8 Q. YOU ALSO WENT FOR A BIKE RIDE THAT DAY?
9 A. RIGHT. I THOUGHT MAYBE I WOULD GO FOR A BIKE RIDE
10 AND ENJOY SOME OF THE TIME AND, LIKE I SAID, I GOT DOWN A WAYS
11 AND I REALIZED THAT I SHOULD NOT BE GOING OUT, THAT I NEED TO GO
12 BACK AND — AND, YOU KNOW, STAY IN THE MOTOR HOME.
13 Q. AND WHEN YOU FIRST SAW THE MOTOR HOME, THE COUCH OR
14 THE CHAIR YOU WERE SEATED ON WAS INSIDE YOUR MOTOR HOME, IS THAT
15 RIGHT?
16 A. UM-HMM, RIGHT.
17 Q. YOU SAID YOUR DAUGHTER AND HER HUSBAND WERE STAYING
18 IN ANOTHER TRAILER, IS THAT RIGHT?
19 A. RIGHT.
20 Q. WHO ELSE WAS WITH YOU IN YOUR MOTOR HOME?
21 A. NOBODY.
22 Q. WHEN YOU WENT FOR A BIKE RIDE THAT DAY YOU WENT
23 OUTSIDE, OBVIOUSLY?
24 A. RIGHT.
25 Q. IS THAT YES?
26 A. YES.
27 Q. IT WAS CHILLY, RIGHT?
28 A. I DON’T KNOW THAT IT WAS CHILLY. I REMEMBER I
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1 HAD — I MIGHT HAVE HAD A SWEATER ON, I DON’T REMEMBER.
2 Q. WAS IT WINDY?
3 A. NOT THAT I REMEMBER.
4 Q. YOU DON’T REMEMBER BEING CHILLY, THOUGH?
5 A. IT WAS — I WAS SICK. YOU KNOW, I DON’T — I GUESS
6 I MUST HAVE HAD A SWEATER ON. I DON’T REMEMBER.
7 Q. YOU DESCRIBED IT, THOUGH, AS BEING CHILLY?
8 MR. DUSEK: OBJECTION, ASKED AND ANSWERED.
9 THE COURT: OVERRULED.
10 YOU MAY ANSWER.
11 THE WITNESS: I GUESS IT WAS COOL, YOU KNOW. I CAN’T
12 ANSWER THAT I’M SURE.
13
14 BY MR. BOYCE:
15 Q. WHEN YOU WERE ASKED BY AN INVESTIGATOR TO DESCRIBE
16 THE WEATHER, YOU DESCRIBED IT AS CHILLY, THOUGH, DIDN’T YOU?
17 A. IF I DID I DON’T REMEMBER. IT’S BEEN A WHILE SINCE
18 I — YOU KNOW, WE TALKED — I TALKED TO HIM.
19 Q. YOUR RECOLLECTION WAS BETTER AT THE TIME THAN IT IS
20 NOW, THOUGH, WASN’T IT?
21 A. YES.
22 Q. AND IF YOU WERE TALKING TO AN INVESTIGATOR YOU WERE
23 TELLING HIM THE TRUTH, WEREN’T YOU?
24 A. YES.
25 Q. YOU ALSO WERE SEATED OUTSIDE AT ONE POINT IN LONG
26 PANTS AND POSSIBLY YOUR FAMILY WAS WEARING JACKETS, WEREN’T
27 THEY?
28 A. I DON’T REMEMBER.
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1 Q. DO YOU RECALL TELLING AN INVESTIGATOR THAT YOUR
2 FAMILY WAS SEATED OUTSIDE AND THEY HAD ON LONG PANTS AND
3 POSSIBLY JACKETS?
4 A. I MAY HAVE. YOU KNOW, I DON’T REMEMBER SAYING
5 THAT. I MEAN, IT’S BEEN A WHILE. I DON’T REMEMBER.
6 Q. YOU SPOKE TO — DO YOU RECALL SPEAKING TO A FEMALE
7 INVESTIGATOR?
8 A. FROM YOUR FIRM? IS THAT WHAT YOU —
9 Q. YES.
10 A. YES, I DO.
11 Q. THAT WAS OBVIOUSLY CLOSER IN TIME THAN TODAY TO
12 FEBRUARY 2ND?
13 A. RIGHT.
14 Q. IS THAT RIGHT?
15 A. YES.
16 Q. AND YOUR MEMORY WAS BETTER THEN THAN IT IS NOW?
17 A. YES.
18 Q. AND WHEN YOU WERE INTERVIEWED YOU WERE TELLING THE
19 TRUTH, WEREN’T YOU?
20 A. YES.
21 Q. AND IF YOU TOLD THIS PERSON THAT YOU HAD ON LONG
22 PANTS AND POSSIBLY A JACKET, THAT WOULD HAVE BEEN TRUTHFUL,
23 WOULDN’T IT?
24 A. I GUESS SO, YES.
25 Q. AND YOU ALSO LATER THAT AFTERNOON BUILT A FIRE,
26 DIDN’T YOU?
27 A. I DIDN’T, NO. I HAD HEARD THAT THEY HAD — I GOT
28 SICK AND I WAS IN BED AT THAT POINT. WHATEVER THEY DID IN THE
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1 AFTERNOON I, YOU KNOW, I WAS NOT BY THE FIRE, THEY WERE.
2 Q. WHEN YOU SAY “THEY” YOU MEAN YOUR FAMILY?
3 A. RIGHT, RIGHT.
4 Q. WHEN YOU WERE ASKED TO IDENTIFY THE MOTOR HOME THAT
5 WAS NEARBY, YOU WERE SHOWN ONE PHOTO OF A MOTOR HOME; IS THAT
6 CORRECT?
7 A. THAT’S RIGHT.
8 Q. YOU WEREN’T GIVEN A SELECTION OF ANY MOTOR HOMES TO
9 CHOOSE?
10 A. THAT’S RIGHT.
11 Q. AND YOU ALSO SAID THAT IN YOUR IDENTIFICATION OF
12 THE MOTOR HOME AND THE PERSON THAT YOU HAD BECOME CONFUSED; IS
13 THAT RIGHT?
14 A. EXCUSE ME? SAY IT AGAIN?
15 Q. YOU SAID YOU WERE CONFUSED ABOUT YOUR
16 IDENTIFICATION OF THE MOTOR HOME AND THE PERSON BECAUSE OF YOUR
17 OBSERVATIONS YOU MADE OF NEWS MEDIA COVERAGE?
18 A. WHAT — NO — WELL, WHAT HAPPENED WAS THE PICTURE
19 THAT I WAS SHOWN WAS NOT FROM THE SIDE THAT I HAD SEEN THE MOTOR
20 HOME, THAT I WAS EVEN LOOKING AT. THE PICTURE THAT I WAS SHOWN
21 WAS FROM THE DRIVER’S SIDE. THEN I SAW THE MOTOR HOME LATER ON
22 WITH THE NEWSCAST SHOWING IT AND I SAW THAT THE PICTURE, YOU
23 KNOW, FROM THE PASSENGER SIDE, AND THAT’S WHEN I SAID OH, THAT
24 WAS THE MOTOR HOME, YOU KNOW, IN MY MIND. IN MY MIND THAT
25 LOOKED LIKE THE MOTOR HOME THAT WAS THERE.
26 Q. SO YOU HAD TOLD THE PERSON THAT WAS SHOWING YOU THE
27 PHOTOGRAPH THAT IT WASN’T THE MOTOR HOME THAT YOU HAD SEEN?
28 A. I SAID I COULDN’T IDENTIFY IT FROM THAT SIDE
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1 BECAUSE I DIDN’T SEE THAT SIDE OF THE MOTOR HOME AT THAT TIME.
2 Q. AND YOU LATER SAW NEWS COVERAGE THAT DOES DEPICTED
3 A MOTOR — AT LEAST A MOTOR HOME THAT APPEARED DIFFERENT THAN
4 THE MOTOR HOME THEY WERE SHOWING YOU?
5 A. FROM THE OPPOSITE SIDE. IT WAS SHOWN FROM THE
6 OPPOSITE — THE NEWSCAST SHOWED IT FROM THE PASSENGER SIDE. THE
7 PICTURE I HAD SEEN FROM THE DETECTIVE WAS FROM THE DRIVER’S
8 SIDE.
9 Q. SO YOU SAW — YOU SAW ONE SIDE OF A MOTOR HOME IN A
10 PHOTOGRAPH THAT WAS SHOWN TO YOU BY LAW ENFORCEMENT; IS THAT
11 CORRECT?
12 A. RIGHT.
13 Q. AND YOU SAW ANOTHER SIDE OF A MOTOR HOME ON A
14 NEWSCAST?
15 A. RIGHT.
16 Q. AND THE NEWSCAST WAS LATER, IS THAT RIGHT?
17 A. RIGHT.
18 Q. AND YOU ARE ASSUMING THAT THESE WERE TWO DIFFERENT
19 TYPES OF THE SAME MOTOR HOME, IS THAT RIGHT?
20 A. RIGHT.
21 Q. SO WHEN YOU SAY THAT YOU WERE CONFUSED ABOUT YOUR
22 DESCRIPTION OF THE MOTOR HOME, THAT WAS BECAUSE OF THESE VARIOUS
23 DIFFERENT DEPICTIONS OF THE MOTOR HOME YOU HAD SEEN IN THE NEWS
24 MEDIA AND THE PHOTOGRAPH THAT WAS SHOWN TO YOU, IS THAT CORRECT?
25 MR. DUSEK: OBJECTION, MISSTATES THE EVIDENCE. SHE
26 DIDN’T SAY SHE WAS CONFUSED.
27 THE COURT: SUSTAINED. REPHRASE THE QUESTION.
28 ///
4795
1 BY MR. BOYCE:
2 Q. DID YOU TELL AN INVESTIGATOR THAT YOU WERE CONFUSED
3 ABOUT YOUR DESCRIPTION OF THE MAN THAT WAS — THAT YOU HAD SEEN
4 AROUND THE MOTOR HOME?
5 A. WHAT I SAID — I’M SURE WHAT I SAID WAS I WASN’T
6 SURE I COULD IDENTIFY HIM AS THAT MAN — YOU KNOW, AS MR.
7 WESTERFIELD.
8 Q. DID YOU STATE AT ANY TIME THAT YOU WERE CONFUSED BY
9 THE — BECAUSE OF THE MEDIA COVERAGE THAT YOU HAD LATER SEEN?
10 A. NO. I GUESS I DON’T QUITE UNDERSTAND WHY WOULD I
11 BE CONFUSED. I GUESS I DON’T UNDERSTAND.
12 Q. THE QUESTION IS WHETHER YOU TOLD AN INVESTIGATOR
13 THAT YOU HAD BEEN CONFUSED BY THE MEDIA COVERAGE IN YOUR
14 IDENTIFICATION.
15 A. NO.
16 Q. AT ONE POINT YOU SAW A PARK RANGER KNOCK ON THE
17 DOOR OF THIS MOTOR HOME?
18 A. RIGHT.
19 Q. AND YOU SAW THE PERSON THAT WAS IN THE MOTOR HOME
20 COME OUT, IS THAT RIGHT?
21 A. RIGHT.
22 Q. THEY WALKED AROUND TO THE BACK OF THE MOTOR HOME
23 AND TALKED?
24 A. TO THE BACK END OF THE MOTOR — I DON’T THINK THEY
25 WENT AROUND THE END OF IT. THEY WERE JUST BACK SIDE OF THE
26 MOTOR HOME, JUST KIND OF WALKED BACK AND WERE TALKING.
27 Q. AND IT WAS DURING THAT PERIOD OF TIME THAT YOU
28 HEARD THE MAN THE RANGER WAS TALKING TO MAKE THE STATEMENT
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1 THAT — WORDS TO THE EFFECT LIKE THIS IS LIKE WINNING THE
2 LOTTERY?
3 A. RIGHT.
4 Q. THEN AFTER THE MAN HAD THE DISCUSSION WITH THE
5 RANGER, THE MAN WALKED BACK AND REENTERED THE MOTOR HOME?
6 A. RIGHT.
7 Q. WHEN YOU WERE DESCRIBING YOUR FAMILY THAT WAS
8 OUTSIDE, THEY WERE — WAS ALL YOUR FAMILY SEATED IN ONE AREA?
9 A. NO. MY DAUGHTER WAS CAMPED — I DON’T KNOW AT WHAT
10 POINT YOU’RE TALKING ABOUT, BUT MY DAUGHTER WAS CAMPING WITH US
11 AND I WENT OUT BACK, AND ANOTHER COUPLE WAS WITH US IN ANOTHER
12 MOTOR HOME ON MY DRIVER’S SIDE, AND WE SAT OUTSIDE BETWEEN THE
13 TWO MOTOR HOMES.
14 Q. WERE YOU SEATED OUTSIDE AT ANY POINT WHILE THE
15 OTHER MOTOR HOME THAT YOU’VE DESCRIBED WAS AT THAT LOCATION?
16 A. NO. NO. NOT THAT I REMEMBER.
17 Q. WHILE YOU OBSERVED — IN OTHER WORDS, WHILE YOU
18 OBSERVED THE MOTOR HOME THAT YOU SAW THE RANGER KNOCK ON THE
19 DOOR, THAT MOTOR HOME, WHILE IT WAS THERE, YOU WERE IN YOUR —
20 IN YOUR MOTOR HOME SEATED ON THE COUCH?
21 A. RIGHT, RIGHT.
22 MR. BOYCE: NOTHING FURTHER.
23 THE COURT: ANYTHING FURTHER?
24
25 REDIRECT EXAMINATION +
26 BY MR. DUSEK:
27 Q. WAS THE SUN OUT THIS DAY?
28 A. YES.
4797
1 Q. AND YOU INDICATED AT LEAST YOU SPOKE WITH POLICE
2 OFFICERS AT ONE TIME?
3 A. RIGHT.
4 Q. AND WE GAVE YOU A COPY OF THAT REPORT TO REVIEW?
5 A. RIGHT.
6 Q. THE PHOTOGRAPH BEHIND YOU, DOES THAT LOOK LIKE THE
7 PHOTOGRAPH THAT YOU’VE BEEN — OF THE MOTOR HOME THAT YOU’VE
8 BEEN TALKING ABOUT?
9 A. RIGHT.
10 Q. YOU WERE INTERVIEWED A SECOND TIME BY SOMEBODY?
11 A. THE DEFENSE ATTORNEY’S OFFICE CALLED THE HOUSE AND
12 TALKED TO ME.
13 Q. WAS IT A MALE OR FEMALE?
14 A. IT WAS A FEMALE.
15 Q. DO YOU REMEMBER THE FEMALE’S NAME?
16 A. NO, I DON’T.
17 Q. DID YOU MAKE SOME STATEMENTS TO THAT PERSON?
18 A. YES, I DID. I TALKED TO THAT PERSON. I DIDN’T
19 KNOW WHETHER I SHOULD OR SHOULDN’T AND I DID. I JUST TALKED TO
20 ‘EM.
21 Q. DID THEY EVER SHOW YOU WHAT THEY SAY YOU SAID?
22 A. DID THEY EVER SHOW IT TO ME?
23 Q. YES.
24 A. NO, NO.
25 Q. DO YOU HAVE ANY IDEA IF WHAT SHE WROTE DOWN IS
26 CORRECT?
27 A. NO, I DON’T.
28 Q. DO YOU HAVE ANY IDEA WHAT SHE WROTE DOWN?
4798
1 A. NO. I WAS — IT WAS OVER THE TELEPHONE. I NEVER
2 SAW ANYTHING OR SAW HER OR — NO.
3 MR. DUSEK: THANK YOU, MA’AM.
4 THE WITNESS: UM-HMM.
5 THE COURT: ANYTHING FURTHER?
6
7 RECROSS-EXAMINATION +
8 BY MR. BOYCE:
9 Q. WHEN YOU SAY YOU SHOULD OR SHOULDN’T TALK TO THAT
10 PERSON, DID SOMEONE TELL YOU YOU SHOULDN’T TALK TO HER?
11 A. NO, NO, NO. A QUESTION IN MY MIND WHO IT IS I WAS
12 TALKING TO, WAS IT FROM SOMEONE’S OFFICE, WHO I WAS TALKING TO I
13 HAD NO IDEA, NO IDENTIFICATION OR ANYTHING, BUT I DID TALK TO
14 THE PERSON. THERE WAS A QUESTION IN MY MIND AFTERWARDS SHOULD I
15 HAVE TALKED OVER THE PHONE TO JUST ANYBODY.
16 MR. BOYCE: THANK YOU. I HAVE NOTHING FURTHER.
17 THE COURT: ALL RIGHT. IS THIS WITNESS TO BE EXCUSED?
18 MR. DUSEK: YES.
19 MR. BOYCE: NO OBJECTION.
20 THE COURT: ALL RIGHT. MA’AM, YOUR TIME WITH US IS DONE.
21 PLEASE REMEMBER YOU’RE UNDER AN ADMISSION — ADMONITION NOT TO
22 DISCUSS ANY OF YOUR TESTIMONY UNTIL THE MATTER’S CONCLUDED,
23 OKAY?
24 MR. FELDMAN: YOUR HONOR, ON A PROCEDURAL NOTE ONLY
25 SUBJECT TO RECALL.
26 THE COURT: WHAT THAT MEANS IS YOU’RE FREE TO GO NOW AND
27 IF WE NEED YOU BACK SOMEBODY WILL BE IN TOUCH WITH YOU, OKAY?
28 ALL RIGHT. MR. DUSEK.
4799
1 MR. DUSEK: TERESA HASTINGS.
2
3 -TERESA HASTINGS, +
4 THE PEOPLE’S WITNESS, HAVING BEEN SWORN, TESTIFIED AS FOLLOWS:
5
6 THE COURT: PLEASE HAVE A SEAT, MA’AM.
7 THE CLERK: WOULD YOU PLEASE STATE YOUR NAME AND SPELL IT
8 FOR THE RECORD.
9 THE WITNESS: TERESA HASTINGS, T-E-R-E-S-A, HASTINGS,
10 H-A-S-T-I-N-G-S.
11
12 DIRECT EXAMINATION +
13 BY MR. DUSEK:
14 Q. ARE YOU SCARED TO DEATH?
15 A. PROBABLY.
16 Q. TAKE A DEEP BREATH.
17 MISS OR MRS. HASTINGS?
18 A. MRS.
19 Q. WHAT PART OF TOWN DO YOU LIVE IN, MRS. HASTINGS?
20 A. CREST, WHICH IS EL CAJON.
21 Q. AND WHO ALL ARE IN YOUR FAMILY?
22 A. MY HUSBAND — DO YOU WANT NAMES?
23 Q. I DON’T NEED NAMES.
24 A. MY HUSBAND AND TWO CHILDREN.
25 Q. IS THIS PRETTY EASY SO FAR?
26 A. YEAH.
27 Q. OKAY. I’D LIKE TO DIRECT YOUR ATTENTION BACK TO
28 THE FIRST WEEK IN FEBRUARY, FEBRUARY 1ST THROUGH THE 4TH OR SO.
4800
1 DID YOU AND YOUR FAMILY GO ON A LITTLE TRIP?
2 A. YES.
3 Q. WHERE DID YOU GO?
4 A. TO THE CORONADO STRAND STATE BEACH.
5 Q. DID YOU GO WITH ANYBODY?
6 A. YES.
7 Q. WHO?
8 A. MY MOM, AND THEN OUR OTHER FRIENDS WENT WITH US
9 ALSO.
10 Q. WHAT TYPE OF RIG OR MOTOR HOME DO YOU HAVE?
11 A. A TRAILER.
12 Q. AND DID YOU TAKE THAT WITH YOU?
13 A. YES.
14 Q. AND HOW ABOUT YOUR FRIENDS, WHAT DID THEY TAKE?
15 A. THEY HAVE A MOTOR HOME.
16 Q. WHICH DAY DID YOU GO DOWN?
17 A. FRIDAY EVENING.
18 Q. ABOUT WHAT TIME DID YOU SHOW UP, DO YOU KNOW?
19 A. BETWEEN 5:00, 5:30, SOMEWHERE AROUND THERE.
20 Q. DO YOU REMEMBER WHERE YOU PARKED IN THE CAMP?
21 A. YEAH. WE HAD A SPOT ON THE BEACH.
22 Q. WERE YOU ACTUALLY PARKING ON SAND OR ON PAVEMENT?
23 A. ON PAVEMENT.
24 Q. CLOSE TO THE BEACH, THOUGH?
25 A. YES.
26 Q. YOU HAD ONE OF THE GOOD SPOTS?
27 A. YES.
28 Q. WHAT DO YOU DO WHEN YOU GET THERE AND SET UP?
4801
1 A. WELL, WE HAVE TO UNHOOK THE TRAILER AND THEN JUST
2 GET EVERYTHING, YOU KNOW, OUR CHAIRS OUT, AND WE PROBABLY
3 CAME — WE GOT THERE AND COOKED DINNER.
4 Q. THE SETUP PROCEDURES, I’M CONCERNED, WHAT DO YOU
5 TAKE OUT AND SPREAD AROUND?
6 A. CHAIRS AND AWNINGS, THE KIDS’ BIKES, OUR BIKES.
7 Q. THE TRAILER THAT YOU HAVE, DO YOU HAVE TO LEVEL IT
8 AT ALL?
9 A. YES.
10 Q. WHY?
11 A. WELL, ONCE I UNHOOK IT, IT’S LOW, SO I RAISE THE
12 FRONT END UP AND PUT DOWN THE JACKS AND IT MAKES IT SO IT
13 DOESN’T ROCK.
14 Q. AND DO YOU HAVE TO MAKE SURE IT’S FLAT?
15 A. YES.
16 Q. WHY?
17 A. SO THE ‘FRIGERATOR WORKS PROPERLY.
18 Q. IF IT’S NOT LEVEL WHAT HAPPENS TO THE REFRIGERATOR?
19 A. WELL, IN TIME IT RUINS THE REFRIGERATOR AND IT’S
20 SORT OF EXPENSIVE SO —
21 Q. OKAY. I’D LIKE TO NOW GO OVER TO THE NEXT MORNING.
22 YOU WERE STILL AT THE STRAND, IS THAT RIGHT?
23 A. YES.
24 Q. DID YOU NOTICE A MOTOR HOME AT THE STRAND THE NEXT
25 MORNING THAT ATTRACTED YOUR ATTENTION?
26 A. YES.
27 Q. WHAT WAS THE FIRST THING THAT YOU NOTICED ABOUT
28 THAT MOTOR HOME?
4802
1 A. THAT IT WAS ALL CLOSED UP.
2 Q. DID YOU SEE IT ARRIVE?
3 A. NO.
4 Q. WHERE WAS IT IN RELATION TO YOUR PLACE?
5 A. ACROSS FROM ME, KATTY-CORNER TO ME.
6 Q. ABOUT HOW FAR AWAY?
7 A. I’M NOT VERY GOOD AT FOOTAGE.
8 Q. THREE SPOTS, FIVE ROWS, ANYTHING IN THIS COURTROOM
9 THAT COMES CLOSE?
10 A. MAYBE THREE SPOTS, YOU KNOW. BUT ACROSS IN FRONT
11 OF ME, NOT BESIDE ME.
12 Q. WHAT PART OF THE MOTOR HOME WERE YOU LOOKING AT
13 FROM YOUR SPOT?
14 A. THE FRONT OF THE MOTOR HOME.
15 Q. CAN YOU DESCRIBE THAT MOTOR HOME FOR US?
16 A. IT WAS A BLUE SOUTHWIND.
17 Q. LET ME DIRECT YOUR ATTENTION TO THE PHOTOBOARD
18 BEHIND YOU, COURT’S EXHIBIT 49, LABEL AT THE TOP “1997 SOUTHWIND
19 MOTOR HOME, ROMAN NUMERAL ONE.” IS THAT THE ONE?
20 A. YES.
21 Q. DID YOU GET THE LICENSE PLATE?
22 A. NO.
23 Q. YOU TOLD US EARLIER THAT IT WAS ALL CLOSED UP.
24 WHAT DO YOU MEAN BY THAT?
25 A. THE DRAPES WERE ALL CLOSED. NO AWNINGS OPEN. JUST
26 LIKE IT WAS NOBODY WAS THERE. IT WAS NOTHING OPEN, NO WINDOWS.
27 Q. THERE APPEAR TO BE WINDOWS DOWN THE SIDE OF THE
28 MOTOR HOME ON EXHIBIT B. DO YOU SEE THOSE THERE?
4803
1 A. YES.
2 Q. THEY WERE CLOSED IN SOMEHOW?
3 A. YES.
4 Q. AND WERE YOU ABLE TO SEE THE FRONT WINDSHIELD OF
5 THE MOTOR HOME?
6 A. YES.
7 Q. COULD YOU SEE INTO THE MOTOR HOME?
8 A. NO.
9 Q. WHY NOT?
10 A. THE DRAPES WERE CLOSED.
11 Q. ABOUT WHAT TIME OF SATURDAY DID YOU SEE THE MOTOR
12 HOME — FIRST NOTICE IT?
13 A. ABOUT 10 O’CLOCK.
14 Q. DID YOU SEE ANYBODY AROUND THE MOTOR HOME?
15 A. NO.
16 Q. OUT ON THE PASSENGER SIDE DID YOU SEE ANY CHAIRS,
17 STEP TO GET UP TO THE HOME, ANYTHING AT ALL?
18 A. NO.
19 Q. DID YOU SEE ANYBODY WALKING AROUND THE MOTOR HOME?
20 A. NO.
21 Q. COULD YOU TELL IF ANYBODY WAS INSIDE?
22 A. NO.
23 Q. WHY NOT?
24 A, ‘CAUSE IT WAS ALL CLOSED UP.
25 Q. WHAT KIND OF DAY WAS IT?
26 A. IT WAS BEAUTIFUL. IT WAS SUNNY. COOL BUT SUNNY.
27 Q. WHAT WERE YOU AND YOUR GROUP DOING THAT DAY?
28 A. BIKE RIDING. WE GOT UP AND AFTER 10 O’CLOCK WE
4804
1 WENT FOR A BIKE RIDE.
2 Q. DO YOU REMEMBER IF ANYBODY WAS IN THE WATER THERE?
3 A. NO, I DON’T REMEMBER.
4 Q. DID YOU EVER NOTICE ANYBODY CONTACT THAT MOTOR HOME
5 IN ANY SORT OF WAY?
6 A. YES.
7 Q. ABOUT WHEN WAS THAT?
8 A. WELL, IT WAS SHORTLY AFTER I NOTICED THE MOTOR
9 HOME.
10 Q. SO THAT WOULD BE IN THE MORNING SOME TIME?
11 A. YES.
12 Q. WHAT DID YOU SEE?
13 A. A RANGER.
14 Q. THEY HAVE RANGERS THERE AT THE PARK?
15 A. UM-HMM.
16 Q. IS THAT A YES?
17 A. YES.
18 Q. YOU HAVE TO ANSWER WITH WORDS.
19 A. I’M SORRY.
20 Q. WHAT DID YOU SEE THE RANGER DO?
21 A. HE KNOCKED ON THE DOOR AND THEN A MAN CAME OUT AND
22 HE TALKED TO THE MAN.
23 Q. ANYTHING SEEM UNUSUAL ABOUT THAT?
24 A. THE MAN CAME OUT OF THE MOTOR HOME AND QUICKLY SHUT
25 THE DOOR AND THEN THE MAN LED — WALKED TO THE FRONT OF THE
26 MOTOR HOME AND THE RANGER FOLLOWED HIM.
27 Q. WHAT WAS UNUSUAL ABOUT THAT?
28 A. JUST WHY THE RANGER WAS KNOCKING ON SOMEONE’S DOOR
4805
1 IT WAS SORT OF ODD.
2 Q. AND YOU INDICATED THE PERSON COMING OUT OF THE
3 MOTOR HOME SHUT HIS DOOR?
4 A. YES.
5 Q. HOW QUICKLY?
6 A. CAME OUT AND IMMEDIATELY SHUT IT.
7 Q. AND DID IT LOOK LIKE ONE OR THE OTHER WAS WALKING
8 TO THE FRONT OF THE MOTOR HOME OR LEADING THE GROUP?
9 A. YES.
10 Q. WHICH ONE?
11 A. THE MAN.
12 Q. ARE YOU ABLE TO DESCRIBE THAT MAN OR RECOGNIZE THAT
13 MAN?
14 A. NO. JUST THE MAN, I JUST SAW A MAN.
15 Q. WHAT HAPPENED TO THE FRONT OF THE MOTOR HOME THAT
16 YOU COULD SEE?
17 A. THEY TALKED, AND THEN THE RANGER, HE WALKED BACK
18 AND WENT IMMEDIATELY INTO THE MOTOR HOME AND THE RANGER LEFT.
19 Q. WHICH PERSON WALKED INTO THE MOTOR HOME?
20 A. THE MAN.
21 Q. THE OCCUPANT OF THE MOTOR HOME?
22 A. YES.
23 Q. THE RANGER NEVER DID GET IN, DID HE?
24 A. NO.
25 Q. HOW FAR AWAY — WHERE WERE YOU WHEN YOU WERE
26 WATCHING THIS?
27 A. IN FRONT OF MY TRAILER WAITING FOR THE KIDS TO GET
28 TOGETHER, SO —
4806
1 Q. AFTER THE MAN WENT BACK INTO THE MOTOR HOME WHAT
2 HAPPENED?
3 A. I LEFT WITH MY FAMILY AND WE WENT BICYCLE RIDING.
4 Q. DID YOU EVER SEE THAT MAN COME OUT OF THE MOTOR
5 HOME AGAIN?
6 A. NO.
7 Q. DO YOU REMEMBER SEEING THE MOTOR HOME AGAIN THAT
8 DAY?
9 A. NO.
10 Q. WHEN YOU WENT BICYCLE RIDING DID YOU LEAVE THE
11 AREA?
12 A. YES.
13 Q. AT SOME POINT IN TIME DID YOU NOTICE THAT THE MOTOR
14 HOME WAS GONE?
15 A. NO, I DIDN’T PAY ATTENTION.
16 Q. ALL RIGHT. DO YOU HAVE A TV?
17 A. YES.
18 Q. DO YOU GET TV RECEPTION DOWN THERE?
19 A. YES.
20 Q. HOW DO YOU KNOW?
21 A. ‘CAUSE IN THE EVENING TIME SOMETIMES WE WATCH TV.
22 Q. DID YOU HAVE ANY SPECIAL SUPER DOOPER HOOKUPS TO
23 GET TV RECEPTION DOWN THERE?
24 MR. FELDMAN: VAGUE, SUPER DOOPER.
25 THE COURT: REPHRASE IT, COUNSEL.
26
27 BY MR. DUSEK:
28 Q. WHAT DO YOU NEED TO GET TV RECEPTION DOWN THERE?
4807
1 A. JUST THE ANTENNA.
2 MR. DUSEK: ALL RIGHT.
3 THANK YOU, MA’AM.
4 THE COURT: ALL RIGHT. CROSS-EXAMINATION.
5
6 CROSS-EXAMINATION +
7 BY MR. BOYCE:
8 Q. WHAT KIND OF ANTENNA DO YOU HAVE?
9 A. IT’S ON TOP OF THE MOTOR HOME. JUST CRANK IT UP
10 AND IT GOES UP.
11 Q. WHAT CHANNELS DO YOU GET?
12 A. JUST THE LOCAL CHANNELS.
13 Q. HOW MANY CHANNELS DO YOU GET?
14 A. OH, THREE OR FOUR. I DON’T WATCH TV DOWN THERE, SO
15 I JUST KNOW THAT THEY COME IN.
16 Q. YOU JUST ASSUME YOU GET SOME RECEPTION DOWN THERE
17 BECAUSE YOU HAVE THE ANTENNA, IS THAT RIGHT?
18 A. NO, BECAUSE WHEN I WATCH TV I SEE — I GET A
19 CHANNEL.
20 Q. BUT YOU DON’T WATCH IT DOWN THERE, IS THAT RIGHT?
21 A. NOT ALL THE TIME. ON OCCASION.
22 Q. DID YOU WATCH IT DOWN THERE THAT WEEKEND?
23 A. I DON’T REMEMBER.
24 Q. HOW LONG WERE YOU DOWN THERE THAT WEEKEND?
25 A. FRIDAY, SATURDAY AND SUNDAY.
26 Q. YOU LEFT ON SUNDAY?
27 A. YES.
28 Q. DO YOU RECALL SEEING ANY MEDIA COVERAGE OF THE
4808
1 DANIELLE VAN DAM CASE?
2 A. NOT UNTIL I GOT HOME.
3 Q. NOW, YOU DESCRIBED THAT DAY, SATURDAY MORNING ABOUT
4 10 O’CLOCK AS SUNNY BUT COOL; IS THAT RIGHT?
5 A. YES.
6 Q. IN FACT, YOU WERE DRESSED IN JEANS AND SWEATSHIRTS,
7 YOUR FAMILY WAS?
8 A. PROBABLY, YES.
9 Q. DO YOU RECALL WHETHER YOU WERE OR NOT? DO YOU
10 RECALL WHETHER YOU HAD SWEATSHIRTS ON?
11 A. YEAH, SWEATSHIRTS.
12 Q. WHEN YOU FIRST SAW THE MOTOR HOME YOU WERE — YOU
13 WERE IN YOUR — WERE YOU IN A MOTOR HOME OR WERE YOU IN A
14 SMALLER —
15 A. I HAVE A TRAILER.
16 Q. YOU WERE IN YOUR TRAILER?
17 A. YES.
18 Q. SEATED AROUND A TABLE OR WHERE WERE YOU?
19 A. I DON’T REMEMBER IF I WAS OUTSIDE THE TRAILER OR
20 INSIDE THE TRAILER.
21 Q. AND YOUR HUSBAND WAS WITH YOU?
22 A. YES.
23 Q. AND YOUR TWO CHILDREN?
24 A. YES.
25 Q. AT SOME POINT YOU SAW A PARK RANGER OR PERSON YOU
26 THOUGHT TO BE A PARK RANGER KNOCK ON THE DOOR OF THE MOTOR HOME
27 THAT YOU OBSERVED?
28 A. YES.
4809
1 Q. AND AFTER THE RANGER KNOCKED ON THE DOOR SOMEBODY
2 CAME OUT OF THE MOTOR HOME?
3 A. YES.
4 Q. AND THE PARK RANGER AND THE PERSON THAT CAME OUT OF
5 THE MOTOR HOME WALKED TO THE FRONT OF THAT MOTOR HOME?
6 A. YES.
7 Q. THE FRONT OF THE MOTOR HOME WAS FACING THE OCEAN;
8 IS THAT RIGHT?
9 A. YES.
10 Q. AND THE REAR OF THE MOTOR HOME WAS — WHAT WAS —
11 IF YOU FACE THAT WAY, WHICH WAY WOULD YOU FACE?
12 A. THE ROAD.
13 Q. THE PERSON THAT WALKED OUT OF THE MOTOR HOME HAD A
14 CONVERSATION WITH THE RANGER?
15 A. YES.
16 Q. COULD YOU HEAR THAT CONVERSATION?
17 A. NO.
18 Q. IS THAT BECAUSE YOU WERE IN YOUR TRAILER AT THE
19 TIME?
20 A. I — I JUST COULDN’T HEAR.
21 Q. AND AFTER A COUPLE MINUTES THE PERSON WALKED BACK
22 TO THE MOTOR HOME AND WENT INSIDE, IS THAT RIGHT?
23 A. YES.
24 MR. BOYCE: NOTHING FURTHER, YOUR HONOR.
25 THE COURT: ANYTHING FURTHER?
26 MR. BOYCE: I’M SORRY.
27
28 ///
4810
1 RECROSS-EXAMINATION +
2 BY MR. BOYCE:
3 Q. YOU GOT HOME ON SUNDAY, IS THAT RIGHT?
4 A. YES.
5 Q. IT WAS AFTER YOU GOT HOME ON SUNDAY THAT YOU
6 LEARNED ABOUT THE DANIELLE VAN DAM CASE?
7 A. YES.
8 MR. BOYCE: NOTHING FURTHER.
9 THE COURT: ALL RIGHT. IS THIS WITNESS TO BE EXCUSED?
10 MR. DUSEK: YES.
11 THE COURT: MR. BOYCE?
12 MR. BOYCE: YES, YOUR HONOR.
13 THE COURT: ALL RIGHT. MA’AM. THANK YOU VERY MUCH FOR
14 COMING IN. YOU’RE FREE TO LEAVE THESE PROCEEDINGS. PLEASE DO
15 NOT DISCUSS YOUR TESTIMONY WITH ANYONE UNTIL THE MATTER’S
16 CONCLUDED, OKAY?
17 THE WITNESS: OKAY.
18 THE COURT: HAVE A GOOD DAY.
19 MR. DUSEK: NICHOLE ARSENAULT.
20 THE WITNESS: I’M SORRY.
21
22 -NICOLE ARSENAULT, +
23 THE PEOPLE’S WITNESS, HAVING BEEN SWORN, TESTIFIED AS FOLLOWS:
24
25 THE COURT: PLEASE HAVE A SEAT, MA’AM.
26 THE CLERK: MA’AM, WOULD YOU PLEASE STATE YOUR NAME AND
27 SPELL IT FOR THE RECORD?
28 THE WITNESS: NICHOLE, N-I-C-O-L-E, LAST NAME IS
4811
1 A-R-S-E-N-A-U-L-T.
2
3 DIRECT EXAMINATION +
4 BY MR. DUSEK:
5 Q. GOOD MORNING, MA’AM.
6 A. GOOD MORNING.
7 Q. IS IT MRS. ARSENAULT?
8 A. YES.
9 Q. WHAT DOES YOUR HUSBAND DO?
10 A. HE’S A SERGEANT WITH THE CHULA VISTA POLICE
11 DEPARTMENT.
12 Q. I’D LIKE TO DIRECT YOUR ATTENTION BACK TO THE
13 WEEKEND OF FEBRUARY 2ND, I BELIEVE IT’S A SATURDAY, 2002. DID
14 YOU AND YOUR FAMILY GO ON AN OUTING THAT SATURDAY?
15 A. YES, WE DID.
16 Q. WHERE DID YOU GO?
17 A. WE WENT TO THE SILVER STRAND STATE BEACH, AND WE
18 WERE THERE BECAUSE MY HUSBAND IS A SERGEANT OF THE TRAFFIC
19 DIVISION OF THE CHULA VISTA POLICE DEPARTMENT AND TWO OF HIS
20 OFFICERS WERE PROMOTED TO AGENT AND WE WERE CELEBRATING THEIR
21 PROMOTION. WE DECIDED TO PUT A PARTY ON FOR THEM AND THE WHOLE
22 UNIT WAS INVITED.
23 Q. WAS IT A DAY TRIP TO THE SILVER STRAND?
24 A. DAY TRIP. WE STAYED THE NIGHT BECAUSE WE HAVE A
25 MOTOR HOME, BUT IT WAS A DAY TRIP FOR EVERYONE ELSE.
26 Q. WHEN DID YOU SHOW UP?
27 A. WELL, I SHOWED UP SPECIFICALLY RIGHT AROUND NOON.
28 Q. ON —
4812
1 A. ON THE 2ND.
2 Q. — SATURDAY?
3 A. SATURDAY THE 2ND, FEBRUARY.
4 Q. HAD YOUR HUSBAND GONE THERE BEFORE?
5 A. YES. HE ARRIVED SOMEWHERE BETWEEN 10:00 AND 10:30
6 TO SET UP FOR THE PARTY.
7 Q. ABOUT WHERE IN THE CAMPGROUNDS WERE YOU?
8 A. WE WERE RIGHT BY THE RESTROOMS. I DON’T KNOW IF
9 YOU HAVE A DIAGRAM AND I CAN SHOW YOU EXACTLY WHERE WE WERE AT.
10 (MARKED FOR ID: = TRIAL EX. 65, DIAGRAM/SILVER STRAND
11 CAMPSITE)
12 MR. DUSEK: I’VE HAD MARKED AS COURT’S EXHIBIT 65 A PHOTO
13 DISPLAY BOARD LABELED AT THE TOP SILVER STRAND STATE BEACH. IT
14 HAS TWO LOOKS LIKE AERIAL PHOTOGRAPHS OF THE BEACH AREA.
15 Q. DO YOU RECOGNIZE WHAT WE HAVE DEPICTED THERE,
16 MA’AM?
17 A. YES, I DO.
18 Q. DOES THAT BASICALLY SHOW THE SILVER STRAND STATE
19 BEACH?
20 A. YES, IT DOES.
21 Q. AND THE BUILDING YOU JUST DISCUSSED WITH US, WHAT
22 WAS THAT?
23 A. THE RESTROOM.
24 Q. IS THE RESTROOM VISIBLE ON EITHER ONE OF THOSE
25 PHOTOGRAPHS?
26 A. ON THIS ONE. ACTUALLY, I THINK IT’S ON BOTH OF
27 THEM BUT —
28 Q. THERE IS A POINTER I THINK TO YOUR LEFT KNEE.
4813
1 AND BY RIGHT HERE YOU INDICATED PHOTOGRAPH “B”; IS
2 THAT CORRECT?
3 A. YES. THAT’S CORRECT.
4 Q. WHERE IS THE RESTROOM? IT APPEARS TO BE AT THE TOP
5 CENTER OF PHOTOGRAPH “B”; IS THAT CORRECT?
6 A. THAT IS CORRECT.
7 Q. WHERE WERE YOU GUYS?
8 A. WE WERE ACTUALLY EXACTLY WHERE THIS MOTOR HOME IS
9 RIGHT HERE. I’M SORRY, I TURNED. SORRY.
10 Q. BY MOTOR HOME YOU’RE REFERRING TO THE MOTOR HOME
11 THAT’S DIRECTLY BENEATH THE RESTROOM?
12 A. CORRECT.
13 Q. IF YOU’RE TALL ENOUGH, WHY DON’T YOU TAKE THIS RED
14 FELT PEN AND CIRCLE THE APPROXIMATE AREA WHERE YOU WERE.
15 A. YOU’RE RIGHT, I MIGHT NOT BE TALL ENOUGH. I’M
16 RIGHT HERE. WE WERE AROUND THE END.
17 MR. FELDMAN: EXCUSE ME, YOUR HONOR, COULD THE RECORD AT
18 LEAST DESCRIBE WHEN THE WITNESS SAID HERE WHAT SHE WAS REFERRING
19 TO.
20 THE COURT: I’M SURE MR. DUSEK CAN FOLLOW UP WITH THAT.
21
22 BY MR. DUSEK:
23 Q. WHERE YOU CIRCLED, MA’AM, WAS THE MOTOR HOME
24 IMMEDIATELY BENEATH THE RESTROOM AREA IN PHOTOGRAPH “B” ON
25 EXHIBIT 65?
26 A. THAT IS CORRECT.
27 Q. HOW MANY PEOPLE WERE IN YOUR GROUP, WOULD YOU
28 ESTIMATE?
4814
1 A. ANYWHERE BETWEEN 20 AND 30 AND WE HAD PEOPLE COMING
2 AND GOING ALL DAY SO —
3 Q. HOW MANY POLICE OFFICERS?
4 A. I WOULD SAY AT MINIMUM TEN.
5 Q. AND YOU THINK YOU GOT THERE ABOUT WHAT TIME?
6 A. RIGHT AROUND NOON.
7 Q. AT SOMETIME THAT AFTERNOON DID YOU SEE A VEHICLE
8 THAT ATTRACTED YOUR ATTENTION?
9 A. YES.
10 Q. ABOUT WHAT TIME?
11 A. OH, I’M SORRY, BETWEEN 2:00 AND 3:00.
12 Q. WERE YOU STILL AT THAT SAME LOCATION?
13 A. YES, WE WERE.
14 Q. WHAT WERE YOU DOING AT THE TIME?
15 A. I WAS ACTUALLY STANDING IN THE DOOR OF MY MOTOR
16 HOME AND WE WERE FACING THE RESTROOMS AT THAT TIME AND — DO YOU
17 WANT ME TO GO ON?
18 Q. I’LL LEAD YOU THROUGH.
19 A. OKAY.
20 Q. WHERE WAS THE MOTOR HOME WHEN YOU FIRST NOTICED IT?
21 A. IT WAS ACTUALLY — DO YOU WANT ME TO POINT? CAN I
22 POINT TO YOU?
23 Q. OKAY.
24 A. RIGHT HERE.
25 IN BETWEEN, IT WAS A FAIRLY LARGE MOTOR HOME, SO IT
26 WAS IN BETWEEN THIS AREA.
27 Q. AND THAT WOULD BE BETWEEN WHERE YOUR GROUP WAS AND
28 THE RESTROOM?
4815
1 A. AND THE RESTROOM, CORRECT.
2 Q. OKAY. CAN YOU DESCRIBE THE MOTOR HOME?
3 A. IT WAS A VERY LARGE BEAUTIFUL MOTOR HOME. I CAN’T,
4 YOU KNOW, GIVE YOU A FULL ON DESCRIPTION. I BELIEVE IT WAS
5 OFF-WHITE, HAD SOME BROWNS IN IT, HAD SOME GREENS IN IT, FROM
6 WHAT I REMEMBER.
7 Q. LET ME SHOW YOU WHAT’S BEEN PREVIOUSLY MARKED AS
8 COURT’S EXHIBIT 49.
9 DO YOU RECOGNIZE THE MOTOR HOME THAT’S DEPICTED
10 THERE?
11 A. YES, I DO.
12 Q. DOES THAT APPEAR TO BE THE MOTOR HOME THAT YOU SAW?
13 A. THAT APPEARS TO BE THE MOTOR HOME.
14 Q. DID YOU GET THE LICENSE PLATE?
15 A. NO, I DID NOT.
16 Q. WHAT ATTRACTED YOUR ATTENTION TO THE MOTOR HOME,
17 MA’AM?
18 A. WELL, WHAT FIRST ATTRACTED IT IS THAT WE WERE ALL
19 SITTING THERE ON THE END, AND WE ACTUALLY KEPT GETTING YELLED AT
20 BY THE CAMP HOST BECAUSE WE KEPT GOING OUTSIDE OF OUR AREA
21 AND —
22 Q. SLOW DOWN.
23 A. I’M SORRY, VERY NERVOUS.
24 ALL THE — A LOT OF THE OFFICERS, MY HUSBAND AND A
25 FEW OF THE OTHER GUYS, WERE WATCHING THE MOTOR HOME AND BECAUSE
26 WE WERE A LITTLE BIT OUTSIDE OF THE AREA HE DID NOT — THE MOTOR
27 HOME DID NOT QUITE MAKE THE TURN. SO THAT’S WHAT POINTED —
28 KIND OF BROUGHT IT TO MY ATTENTION. AND THEN WE ALL ACTUALLY
4816
1 STARTED ADMIRING HOW BEAUTIFUL THE MOTOR HOME WAS, AND THAT’S —
2 Q. DID YOU SEE WHERE THE MOTOR HOME WENT?
3 A. IT WAS LEAVING THE PARKING LOT.
4 Q. HOW DO YOU KNOW?
5 A. WELL, THAT’S THE ONLY WAY THAT YOU CAN GET OUT,
6 ACTUALLY, WHEN YOU’RE LEAVING HERE IN THIS AREA, THIS IS WHERE
7 YOU ENTER OR ACTUALLY — YEAH, THIS IS WHERE YOU ENTER, AND THEN
8 YOU CAN ONLY GO AROUND THIS WAY. IF YOU GO OUT THIS WAY YOU CAN
9 NOT GO BACK IN THIS WAY BECAUSE IT HAS LITTLE WHITE THINGS
10 BLOCKING IT OFF THAT YOU GO OUT, YOU HAVE TO GO OUT THAT WAY.
11 Q. ALL RIGHT.
12 NOW YOU’RE GOING TO HAVE TO BE QUIET FOR A MINUTE
13 SO I CAN DO SOME TALKING.
14 A. OKAY, I’M SORRY.
15 Q. YOU INDICATED ON EXHIBIT 65 PHOTOGRAPH “B”, THE
16 EXIT WOULD BE ON THE LEFT CENTER OF THE PHOTOGRAPH; IS THAT
17 CORRECT, OR IS THAT THE ENTRANCE?
18 A. THAT’S THE ENTRANCE AND THE EXIT.
19 Q. AND WHEN YOU SAW THE MOTOR HOME THAT WAS GOING FROM
20 YOUR CAMPING AREA THAT YOU’VE ALREADY IDENTIFIED EARLIER —
21 A. CORRECT.
22 Q. — SOUTH OR — I’M SORRY, THAT WOULD BE NORTH OR
23 TOWARDS THE BOTTOM OF THE PHOTOGRAPH TO THE EXIT; IS THAT
24 CORRECT?
25 A. RIGHT.
26 Q. AND TO GET INTO THIS CAMPING AREA YOU’D COME IN THE
27 SAME ENTRANCE WHICH IS ON THE LEFT-HAND SIDE IN THE CENTER OF
28 PHOTOGRAPH “B” AND GO NORTH OR TO THE BOTTOM PORTION OF THE
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1 PHOTOGRAPH?
2 A. RIGHT.
3 Q. AND IT’S BASICALLY A ONE-WAY ROUTE AROUND THE
4 CAMPING AREA?
5 A. CORRECT.
6 Q. IN FACT, YOU CAN SEE THE ONE-WAY MARKERS ON THE
7 ROADWAY?
8 A. CORRECT.
9 Q. DID YOU SEE WHERE THE MOTOR HOME CAME FROM BEFORE
10 YOU SAW IT MOVING?
11 A. NO, I DID NOT.
12 Q. COULD YOU SEE ANYBODY INSIDE THE MOTOR HOME?
13 A. NOT TO MY RECOLLECTION.
14 Q. ARE YOU ABLE TO RECOGNIZE OR DESCRIBE THE PERSON
15 THAT WAS DRIVING THE MOTOR HOME?
16 A. NO.
17 MR. BOYCE: OBJECTION, ASKED AND ANSWERED.
18 THE COURT: OVERRULED. THE ANSWER IS NO.
19 MR. DUSEK: THANK YOU, MA’AM.
20 THE COURT: ALL RIGHT. CROSS-EXAMINATION.
21 MR. BOYCE: THANK YOU, YOUR HONOR.
22
23 CROSS-EXAMINATION +
24 BY MR. BOYCE:
25 Q. YOU TOLD US AT THE TIME THAT YOU SAW THIS MOTOR
26 HOME WAS BETWEEN 2:30 AND 3 O’CLOCK?
27 A. I SAID BETWEEN 2:00 AND 3:00. ACTUALLY, ON MY
28 STATEMENT I SAID BETWEEN 2:30 AND 3:00 AND I CAN’T GIVE AN EXACT
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1 TIME.
2 Q. WHEN YOU SAY YOUR STATEMENT, YOU MEAN THE STATEMENT
3 THAT YOU WERE INTERVIEWED BY THE POLICE; IS THAT RIGHT?
4 A. CORRECT.
5 Q. AND YOU TOLD THEM THAT IT WAS BETWEEN 2:30 AND
6 3:00?
7 A. CORRECT.
8 Q. YOU SAW THE MOTOR HOME EXIT THE SOUTH END OF THE
9 PARK?
10 A. CORRECT.
11 Q. NOW, THERE IS ANOTHER EXIT, ISN’T THERE?
12 A. YOU KNOW WHAT? THERE ACTUALLY IS. I’M SORRY, I
13 WAS INCORRECT. THERE IS. WHEN YOU FIRST ENTER IN, IF YOU GO A
14 LITTLE BIT WHEN YOU FIRST GO INTO THE ENTRANCE, IF YOU GO A
15 LITTLE WAYS YOU CAN EXIT THAT WAY.
16 Q. THAT’S —
17 A. OR A LITTLE BIT —
18 Q. FURTHER NORTH?
19 A. — FURTHER NORTH, CORRECT.
20 Q. SO IF THIS MOTOR HOME HAD KEPT GOING FURTHER NORTH,
21 HE COULD HAVE EXITED THE OTHER EXIT?
22 A. YOU CAN’T — FROM WHAT I REMEMBER YOU CANNOT GET
23 THROUGH THAT WAY.
24 Q. BUT THERE IS AN EXIT FURTHER NORTH?
25 A. THERE IS AN EXIT FURTHER NORTH.
26 MR. BOYCE: THANK YOU. I HAVE NOTHING FURTHER.
27 THE COURT: ANYTHING FURTHER?
28 ///
4819
1 REDIRECT EXAMINATION +
2 BY MR. DUSEK:
3 Q. JUST TO MAKE THINGS EASIER, MA’AM, DO YOU STILL
4 HAVE THE RED FELT PEN?
5 A. YES.
6 Q. COULD YOU TRACE THE ROUTE WHERE YOU SAW THE MOTOR
7 HOME GO ON EXHIBIT 65B?
8 A. OKAY. (WITNESS COMPLYING.)
9 THAT’S ABOUT WHERE I — I MEAN, I STOPPED WATCHING
10 IT AT THAT POINT.
11 Q. PUT AN ARROW ON THE END OF THAT SO WE KNOW WHICH
12 DIRECTION YOU’RE GOING.
13 A. (WITNESS COMPLYING.)
14 Q. ALL RIGHT. YOU’VE DRAWN A RED ARROW UP THERE BY
15 YOUR CAMPING AREA, CORRECT?
16 A. UM-HMM.
17 MR. DUSEK: THANK YOU.
18 THE COURT: ALL RIGHT. MAY THIS WITNESS BE EXCUSED,
19 COUNSEL?
20 MR. DUSEK: YES.
21 MR. BOYCE: YES.
22 THE COURT: ALL RIGHT. MA’AM, THANK YOU VERY MUCH FOR
23 COMING IN. PLEASE DO NOT DISCUSS YOUR TESTIMONY WITH ANYONE
24 UNTIL THE MATTER’S CONCLUDED, ALL RIGHT?
25 THE WITNESS: THANK YOU.
26 THE COURT: LADIES AND GENTLEMEN OF THE JURY, I NEED TO
27 CHAT WITH YOU PRIVATELY. AT THIS TIME WE ARE GOING TO CLEAR THE
28 COURTROOM AND CUT THE MEDIA AND THEN WE’RE GOING TO BREAK FOR
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1 LUNCH. BUT I’M GOING TO TALK TO YOU FOLKS IN PRIVATE FOR A
2 SECOND.
3 (WHEREUPON THE COURTROOM IS CLEARED OF ALL SPECTATORS.)
4
5
6
7 (SEALED PROCEEDINGS FOLLOW THIS DATE, PAGES 4821 THROUGH
8 4832, BOUND IN SEPARATE VOLUME 17-B. UNSEALED
9 PROCEEDINGS CONTINUE ON PAGE 4833. NOTHING OMITTED.)
10
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13 (PROCEEDINGS NOT MADE PART OF THE PUBLIC RECORD.)
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