27 – Day 7- June 13th 2002 – Transcript criminal trial David Westerfield

DAY 7 – SAN DIEGO, CALIFORNIA, THURSDAY, JUNE 13, 2002 (afternoon 2)



WITNESSES:
Brian Neill (park ranger at Silver Strand),
Donald Raymond (retired, testified about Silver Strand and Westerfield paying with $20 bills),
Dan Conklin (testified pulling Westerfield RV Glamis area)

4903
1 THE COURT: OKAY. WELCOME BACK, LADIES AND GENTLEMEN.

2 ALL RIGHT. MR. FELDMAN.

3

4 BY MR. FELDMAN:

5 Q. SIR, DIRECTING YOUR ATTENTION TO WHAT’S BEEN

6 PREVIOUSLY MARKED 65, THAT’S THE CHARTS RIGHT BEHIND YOU. ARE

7 YOU ABLE TO TELL US WHERE SPACE 72 IS?

8 A. WELL, SIR, I CIRCLED AROUND WHERE I PARK AND I

9 BELIEVE THAT 72 IS RIGHT IN THAT AREA.

10 MR. FELDMAN: I’D ASK TO HAVE MARKED AS NEXT IN ORDER A

11 CHART.

12 THE COURT: IT WILL BE 66.’

13 (MARKED FOR ID: = TRIAL EX. 66-PARKING CHART)

14 MR. FELDMAN: YOUR HONOR, 66?

15 THE COURT: YES.

16

17 BY MR. FELDMAN:

18 Q. SHOWING YOU WHAT’S BEEN PREVIOUSLY MARKED 66, SIR,

19 DOES THIS CHART APPEAR TO ACCURATELY DEPICT THE SILVER STRAND?

20 A. YES, SIR.

21 Q. I’M GOING TO KIND OF JUXTAPOSE IT WITH THE

22 PHOTOGRAPH. IN THE PHOTOGRAPH CAN YOU SHOW US WHERE IS THE HOST

23 SITES, PLEASE?

24 A. THE HOST CAMPSITES ARE RIGHT HERE ADJACENT TO THE

25 GREEN — GREEN CIRCLE.

26 Q. OKAY.

27 NOW, WHAT YOU’VE JUST DONE ON 65A IS POINT TO AN

28 AREA THAT’S CIRCLED IN GREEN IS THAT RIGHT, SIR?
4904
1 A. YES.

2 Q. AND ON 66, THAT SAME AREA IS DESIGNATED BY THE

3 WORDS HOST SITES, IS THAT RIGHT?

4 A. YES, SIR.

5 Q. WITH REGARD TO 66, DO YOU SEE THAT THE PARKING

6 SPACES ARE NUMBERED, IS THAT RIGHT, SIR?

7 A. THE CAMPSITES ARE NUMBERED, YES.

8 Q. I’M SORRY, THEY’RE CALLED CAMPSITES?

9 A. YES.

10 Q. BUT THE CAMPSITES BASICALLY ARE DEPICTED IN “A” AND

11 “B” OF 65 AND ARE JUST PLACES WHERE THE VEHICLES PULL IN, IS

12 THAT A FAIR STATEMENT?

13 A. YES, SIR.

14 Q. YOU CALL THEM CAMPSITES AS OPPOSED TO PARKING

15 SPACES?

16 A. YES.

17 Q. ALL RIGHT.

18 THE CAMPSITES THAT WE JUST DISCUSSED IN 65 ARE

19 NUMBERED, ARE THEY NOT, IN 66?

20 A. YES, SIR.

21 Q. NOW, ON 66 ARE YOU ABLE TO SHOW US WHERE SITE 72

22 IS?

23 A. YES, SIR. SITE 72 IS RIGHT HERE.

24 Q. OKAY. WHEN YOU SAID “RIGHT HERE” YOU WERE POINTING

25 TO, ON 66, THE CAMP SITE THAT HAS THE NO. 72 ON IT; IS THAT

26 CORRECT?

27 A. YES, SIR.

28 Q. NOW, IF WE LOOK TO “A” AND “B” OF 65, CAN YOU SHOW
4905
1 ME WHERE IS 72, PLEASE? AND IF IT HELPS YOU TO USE THE CHART,

2 WHATEVER — WHATEVER YOU WISH.

3 A. WELL, TO SPECIFICALLY SAY WHERE 72 IS, I’LL HOLD

4 THIS UP LIKE THIS.

5 Q. SURE.

6 A. AND WE HAVE 72 HERE. I HAVE THE CAMP HOST, I HAVE

7 THE LIGHT POLE, SO 72 WOULD BE — LET’S SEE, SO THIS SPOT HERE

8 WHERE THE LIGHT —

9 Q. I’M SORRY, SIR. WHEN YOU SAY THE WORD “HERE” WE

10 NEED TO DESCRIBE IT FOR THE RECORD. I KNOW THAT YOU USE THE

11 WORD “HERE” IN REFERENCE TO 66. CAN YOU TELL ME, PLEASE, IF YOU

12 RECOLLECT WHERE THE WORD “HERE” APPLIED ON 66?

13 A. 66 I WAS TALKING — I BELIEVE I WAS TALKING ABOUT

14 THE LIGHT POST.

15 Q. THANK YOU.

16 YOU’RE POINTING TO AN AREA THAT APPEARS TO BE A

17 RECTANGLE WITH A BLACK DOT ON IT, IS THAT RIGHT?

18 A. YES, SIR.

19 Q. A SQUARE WITH A BLACK DOT?

20 A. YES, SIR. AND WE CAN SEE THAT LIGHT POST HERE.

21 Q. IN HERE YOU’RE POINTING TO A PARTICULAR POINT ON

22 65A, IS THAT RIGHT?

23 A. YES, SIR.

24 Q. I WANT TO GIVE YOU A GREEN PEN AND ASK YOU TO

25 CIRCLE THAT LIGHT POST, PLEASE.

26 A. (WITNESS COMPLYING.)

27 MR. FELDMAN: YOUR HONOR, FOR THE RECORD THE WITNESS HAS

28 CIRCLED THE LIGHT POST AREA ON 65.
4906
1 Q. NOW, I THINK YOU’RE USING THE LIGHT POST TO ORIENT

2 YOURSELF, SIR, TO LOCATE 72?

3 A. YES, SIR.

4 Q. COULD YOU PLEASE — ANYTHING ELSE YOU CAN DO TO

5 LOCATE ON THE PHOTOGRAPH EITHER “A” OR “B”?

6 A. I’M ALSO LOOKING AT THE CAMP HOST WHERE THEY’RE

7 LOCATED ON THE PHOTOGRAPH. ON 65B, COME OVER HERE TO THE LAMP

8 POST, 70, 72 IS THE NEXT CAMPSITE. I COME OVER HERE, 65B, I

9 HAVE THE LIGHT POST, I HAVE A CAMPSITE, WHICH FROM THERE IS

10 GOING TO BE CAMPSITE 70, AND THEN I HAVE A SECOND CAMPSITE HERE

11 WHERE I CAN ALMOST READ 72.

12 Q. YOU JUST PUT A CIRCLE ON “B” OF 65, IS THAT RIGHT?

13 A. YES, SIR.

14 Q. CAN YOU PUT A “72” AND AN ARROW OR IN SOME WAY

15 INDICATE THAT THAT’S YOUR BEST OPINION THAT THAT’S WHERE SPACE

16 72 IS?

17 A. (WITNESS COMPLYING.)

18 YES, SIR. I BELIEVE 72 IS RIGHT HERE.

19 MR. FELDMAN: YOUR HONOR, FOR THE RECORD, THE WITNESS IS

20 DRAWING AN ARROW AND WRITTEN THE NUMBER 72.

21 Q. IS THAT A FAIR STATEMENT, SIR?

22 A. YES. YES, IT IS. ALTHOUGH, FROM LOOKING AT THIS

23 DIAGRAM, I BELIEVE THAT 72 IS ACTUALLY HERE, A BETTER GUESS.

24 Q. I’M SORRY, YOU JUST SAID “ACTUALLY HERE.” YOU JUST

25 DREW A SECOND CIRCLE UNDER THE FIRST CIRCLE; IS THAT CORRECT?

26 A. YES.

27 Q. WHEN YOU SAID “ACTUALLY HERE” THAT IS AS YOU WERE

28 DRAWING THE SECOND CIRCLE; IS THAT CORRECT?
4907
1 A. YES. BUT 72 — I BELIEVE 72 IS ONE OF THOSE TWO

2 SITES. I CAN’T DETERMINE SPECIFICALLY WHICH ONE.

3 Q. ALL RIGHT. THANK YOU VERY MUCH.

4 WHEN A PERSON WANTS TO CHECK INTO A SPACE, WHAT ARE

5 THEY SUPPOSED TO DO?

6 A. THEY DRIVE UP TO THE KIOSK. IF THERE’S SOMEONE

7 MANAGING THE KIOSK, CAMP HOST, VOLUNTEER OR PARK AIDE, THEY’LL

8 GIVE THEM SOME INFORMATION ABOUT THE CAMPSITES, A MAP, WHICH

9 THAT IS BLOWN UP FROM, AND THEY DRIVE AROUND, THEY FIND THERE

10 CAMPSITE, PARK THEIR R. V. AND THEN THEY COME BACK WITH THE

11 ENVELOPE, FILL OUT THE ENVELOPE, AND IT’S EITHER STICK IT IN THE

12 IRON RANGER, GIVE IT TO THE PARK AIDE.

13 Q. WHAT DOES THE ENVELOPE REQUIRE?

14 A. THE ENVELOPE IS GOING TO REQUIRE THE NAME, THE

15 DATE, THE CAMPSITE, THE LICENSE OF THE R. V. IT’S GOING TO

16 REQUIRE — HAS BOXES FOR DOGS, ADDITIONAL VEHICLES, NUMBER OF

17 NIGHTS AND TOTAL — TOTAL FEES ENCLOSED.

18 Q. WITH REGARD TO THE CAMPSITE THAT WAS ARTICULATED AS

19 72, AND THE ONE THAT HAD THE MONEY, DO YOU REMEMBER — THE $54

20 YOU WERE TALKING ABOUT, SIR, DO YOU REMEMBER WHETHER OR NOT YOU

21 SAW THE ENVELOPE?

22 A. YES. I SAW THE ENVELOPE.

23 Q. AND DO YOU REMEMBER WHETHER OR NOT THE LICENSE

24 PLATE OF THE VEHICLE WAS LISTED?

25 A. I’VE SEEN THE ENVELOPE SINCE THEN.

26 Q. YUP.

27 A. SO I KNOW THE LICENSE PLATE OF THE VEHICLE — A

28 VEHICLE WAS LISTED.
4908
1 Q. WHEN DID YOU SEE THE ENVELOPE SINCE THEN, SIR?

2 A. I’VE ENTERED IT IN EVIDENCE AND IT’S PART OF THE

3 DOCUMENTATION I GAVE TO DETECTIVE MORRIS.

4 Q. OKAY. I’M SORRY, YOU JUST USED THE WORD “ENTERED

5 IT IN EVIDENCE.” I LOST YOU.

6 WHERE DID YOU ENTER IT IN EVIDENCE, SIR?

7 A. I COLLECTED IT AND SECURED IT AND TRANSFERRED IT TO

8 THE SAN DIEGO POLICE DEPARTMENT.

9 Q. BECAUSE THE SAN DIEGO POLICE DEPARTMENT REQUESTED

10 YOU TO DO SO, IS THAT A FAIR STATEMENT?

11 A. NO.

12 Q. YOU JUST DID IT BECAUSE YOU THOUGHT IT WAS THE

13 RIGHT THING TO DO?

14 A. YES, SIR.

15 Q. ALL RIGHT.

16 SO WHEN YOU LOOKED AT THAT ENVELOPE THE SECOND

17 TIME, YOU DID SEE A LICENSE PLATE ON IT?

18 A. YES, SIR.

19 Q. AND YOU SAW THE NAME DAVID WESTERFIELD, RIGHT?

20 A. NO, JUST THE NAME WESTERFIELD.

21 Q. MANY TIMES WHEN YOU’RE — WELL, IS ONE OF YOUR

22 DUTIES — I THINK YOU TOLD US WAS TO GO AROUND THE CAMPSITES TO

23 MAKE SURE THINGS ARE ALL CULPASETIC (PHONETIC), RIGHT?

24 A. YES, SIR.

25 Q. MAKE THERE WERE NO VIOLATIONS OF THE VEHICLE CODE

26 OR THE PENAL CODE, IS THAT RIGHT?

27 A. YES, SIR.

28 Q. FROM TIME TO TIME YOU JUST SEE MOTOR VEHICLES THERE
4909
1 THAT JUST HAVE THEIR WINDOWS DRAWN; IS THAT CORRECT?

2 A. YES, SIR.

3 Q. THERE’S NOTHING UNUSUAL ABOUT THAT, IS THERE?

4 A. NO, NOT UNUSUAL.

5 Q. WHEN YOU WENT TO MR. — THE CAMPSITE THAT WAS 72,

6 YOU TOLD US YOU KNOCKED ON THE DOOR, IS THAT RIGHT?

7 A. YES, SIR.

8 Q. YOU’VE DONE THAT IN THE PAST, TOO, HAVEN’T YOU?

9 A. YES, SIR.

10 Q. ULTIMATELY THE MAN CAME TO THE DOOR, DIDN’T HE?

11 A. YES, SIR.

12 Q. OPENED THE DOOR, CORRECT?

13 A. YES, SIR.

14 Q. DIDN’T SKULK OUT, JUST WALKED OUT, ISN’T THAT TRUE?

15 A. CORRECT, SIR.

16 Q. DIDN’T APPEAR TO BE CONCEALING ANYTHING AT ALL, DID

17 HE?

18 A. NO, SIR.

19 Q. JUST CAME RIGHT OUT AND TALKED TO YOU, IS THAT

20 RIGHT?

21 A. YES, SIR.

22 Q. YOU TOLD HIM AT THAT POINT THAT APPARENTLY HE

23 OVERPAID; IS THAT RIGHT?

24 A. YES, SIR.

25 Q. YOU OFFERED TO GIVE HIM $30, IS THAT RIGHT?

26 A. YES, SIR.

27 Q. THE MAN DIDN’T WANT TO TAKE THE $30, THOUGH, DID

28 HE?
4910
1 A. NO, SIR.

2 MR. DUSEK: OBJECTION, CALLS FOR SPECULATION.

3 THE COURT: OVERRULED. THE ANSWER WAS YES. IT WILL

4 STAND.

5

6 BY MR. FELDMAN:

7 Q. AND HE DIDN’T REALLY ARGUE WITH YOU BUT HE MADE IT

8 PLAIN THAT HE MAYBE DISAGREED WITH YOU AS TO WHETHER YOU OWED

9 HIM THE MONEY?

10 A. YES, SIR.

11 Q. ULTIMATELY HE KIND OF MADE A JOKE, DIDN’T HE? HE

12 SAID SOMETHING ABOUT WINNING THE LOTTERY. DO YOU REMEMBER THAT?

13 A. NO, I DON’T, SIR.

14 Q. IT DIDN’T HAPPEN THEN, DID IT?

15 A. I DON’T REMEMBER THAT.

16 Q. WHEN YOU SAY YOU DON’T REMEMBER, DO YOU MEAN TO

17 COMMUNICATE THAT IT DIDN’T HAPPEN OR THAT YOU DON’T REMEMBER

18 WHETHER OR NOT IT HAPPENED?

19 A. I DON’T REMEMBER WHETHER OR NOT IT HAPPENED.

20 Q. SO IT COULD HAVE HAPPENED?

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

22 THE COURT: SUSTAINED. HE’S ANSWERED THE QUESTION.

23

24 BY MR. FELDMAN:

25 Q. DO YOU REMEMBER HOW THE MAN WAS DRESSED WHEN HE

26 CAME OUT OF THE MOTOR HOME? LET ME REPHRASE THAT.

27 DO YOU HAVE A SPECIFIC RECOLLECTION AS TO HOW THE

28 MAN WAS DRESSED?
4911
1 A. A LIGHT COLORED SHIRT AND DARK PANTS ON.

2 Q. WHAT KIND OF SHIRT?

3 A. I DON’T REMEMBER.

4 Q. WHAT KIND OF PANTS?

5 A. I DON’T REMEMBER.

6 Q. HAVE YOU BEEN ASKED THOSE QUESTIONS BEFORE BY LAW

7 ENFORCEMENT, SIR?

8 A. YES.

9 Q. WITH REGARD TO THAT PARTICULAR ENVELOPE THAT YOU

10 WENT AND BROUGHT BACK TO SPACE 72, ISN’T IT CORRECT THAT THE

11 ENVELOPE WAS ACTUALLY STAMPED WITH FEBRUARY 3?

12 A. YES, SIR.

13 Q. THAT WAS AN ERROR, IS THAT RIGHT?

14 A. YES, SIR.

15 Q. HOW DID YOU CATCH THAT ERROR?

16 A. I’M NOT SURE I ACTUALLY CAUGHT THAT ERROR.

17 Q. WERE YOU DIRECTED TO PREPARE A REPORT CONCERNING

18 THAT ERROR?

19 A. I DON’T REMEMBER THAT. I DON’T BELIEVE I WAS

20 DIRECTED TO WRITE A REPORT, SIR, IN THAT ERROR.

21 Q. SIR, YOU TOLD US THAT YOU WERE PRESENTLY A PARK

22 RANGER. AT THE TIME OF THESE EVENTS WERE YOU A TRAINEE?

23 A. YES, SIR.

24 Q. HOW LONG WERE YOU A TRAINEE?

25 A. THE TRAINING CONTINUES FOR 12 — 12 WEEKS.

26 Q. WHAT PART OF THE TRAINING WERE YOU IN?

27 A. I WAS PROBABLY WEEK TWO.

28 MR. FELDMAN: EXCUSE ME JUST FOR A MINUTE, PLEASE.
4912
1 (PAUSE)

2 Q. WITH REGARD TO THE EVIDENCE PACKAGE THAT YOU WERE

3 DESCRIBING, DID YOU GIVE THAT TO AN OFFICER NAMED TOMSOVIC,

4 T-O-M-S-O-V-I-C?

5 A. NO, SIR.

6 Q. YOU DID NOT?

7 A. NO, SIR.

8 Q. DO YOU RECALL WHO YOU GAVE IT TO?

9 A. YES. DETECTIVE MORRIS.

10 Q. WHAT DOES HE LOOK LIKE?

11 MR. DUSEK: OBJECTION, RELEVANCY.

12 THE COURT: SUSTAINED. YOU NEED NOT ANSWER.

13

14 BY MR. FELDMAN:

15 Q. THE TRAILER — THE TRAILER THAT YOU WENT TO — I’M

16 SORRY, I GUESS IT’S A MOTOR HOME. I DON’T KNOW WHAT WORD TO

17 USE, WHETHER IT’S A TRAILER, MOTOR HOME, R. V., THE ONE AT SPACE

18 72, HAD YOU EVER SEEN THAT — WELL, HAVE YOU BEEN SHOWN PICTURES

19 OF THAT SINCE THESE EVENTS?

20 A. I’VE SEEN IT ON TV AND I’VE SEEN PICTURES OF IT

21 HERE.

22 Q. OTHER THAN IN THE COURTROOM AND ON TELEVISION?

23 A. NO, SIR.

24 Q. DO YOU REMEMBER HOW CROWDED IT WAS, HOW MUCH MOTOR

25 HOME TRAFFIC THERE WAS ON FEBRUARY THE 2ND AT THE STRAND?

26 A. WE WEREN’T FULL.

27 Q. DO YOU REMEMBER HOW MANY VEHICLES WERE BETWEEN —

28 WELL, LET ME ASK YOU THIS QUESTION.
4913
1 RIGHT BEHIND YOU WHERE YOU’VE GOT THE TWO CIRCLES

2 WHERE YOU’VE IDENTIFIED SPACE 72, CAN YOU TELL ME WHERE WOULD

3 SPACES 62, 63, 64 BE? AND AGAIN,, YOU CAN USE 66 IF THAT HELPS

4 YOU. ANYTHING THAT WE HAVE THAT WE CAN GIVE TO YOU THAT WILL

5 HELP YOU? I WANT TO KNOW WHERE —

6 A. 62.

7 Q. 62, 63, 64.

8 A. SO YOU WANT TO KNOW WHERE 62, 63 —

9 Q. -3, 64?

10 A. — 63, 64.

11 Q. OKAY. AND 66.

12 A. 66, ALL RIGHT. LET’S USE “B”. IT HAS A LITTLE

13 BIRDIE TAIL.

14 Q. I’VE GOT THIS HELD UP FOR YOU.

15 A. I’LL BE THERE. AGAIN, FIGURE TO THE LAMP POST, I

16 COUNT THIS ONE WITH THE BLACK TRUCK IN IT AS 68. 66 WILL BE

17 HERE WHERE THIS GREEN VEHICLE IS.

18 Q. COULD YOU JUST WRITE THE NUMBER OF THE SPACE AS

19 BEST YOU CAN RECOLLECT IT THERE, PLEASE? THANK YOU.

20 FOR THE RECORD, YOU’VE JUST DRAWN 66 IN, IS THAT

21 RIGHT, SIR?

22 A. YEAH, 66. 64 IS GOING TO BE DIRECTLY TO THE SOUTH

23 OF IT.

24 Q. OKAY. YOU’VE WRITTEN A 64 ON 65.

25 A. AND 62, 63 IS GOING TO BE ACROSS THE WAY. NOW HERE

26 I CAN SEE 57, 59, IT’S GOING TO BE 61, 63 WITH THE BLACK CAR.

27 Q. YOU’VE WRITTEN SO FAR ON 65B, 62, 64, 66 AND 63?

28 A. RIGHT.
4914
1 Q. I THINK THAT’S ALL I ASKED YOU FOR.

2 SO THAT MEANS, DOESN’T IT, THAT IF HYPOTHETICALLY A

3 PERSON NAMED RODGERS WAS IN 66 —

4 MR. DUSEK: OBJECTION, NO BASIS FOR THE FOUNDATION.

5 THE COURT: AT THIS POINT IN TIME IT’S A HYPOTHETICAL

6 QUESTION. I’LL HEAR THE ENTIRE QUESTION AND THEN YOU CAN

7 OBJECT.

8 MR. FELDMAN: THANK YOU..

9 Q. IF HYPOTHETICALLY A PERSON NAMED RODGERS WAS PARKED

10 IN SPACE 66, THERE WOULD BE SEVERAL SPACES BETWEEN 66 AND 72,

11 ISN’T THAT RIGHT?

12 A. YES, SIR. IF RODGERS WAS IN 66 —

13 Q. YUP.

14 A. — IT WOULD BE ONE, TWO — TWO SPACES BETWEEN 66

15 AND 72.

16 Q. AND IF THERE WERE VEHICLES OR MOTOR VEHICLES OR R.

17 V.S IN THE MIDDLE, THAT WOULD OBSTRUCT THE VIEW, WOULDN’T IT?

18 MR. DUSEK: OBJECTION, CALLS FOR SPECULATION.

19 THE COURT: SUSTAINED.

20 YOU NEED NOT ANSWER.

21 MR. FELDMAN: OKAY. THANK YOU. PLEASE HAVE A SEAT, SIR.

22 Q. SIMILAR HYPOTHETICAL, IF A PERSON NAMED HASTINGS

23 WAS HYPOTHETICALLY PARKED IN 63, THAT PERSON WOULD NOT HAVE —

24 I’M SORRY, 62, THAT PERSON WOULD NOT HAVE — NO, 63 FOR STARTS,

25 THAT PERSON WOULD NOT HAVE A DIRECT LINE OF SIGHT, WOULD HE OR

26 SHE, TO 72?

27 MR. DUSEK: OBJECTION, NO BASIS FOR THE FOUNDATION.

28 THE COURT: SUSTAINED.
4915
1 MR. FELDMAN: I’M SORRY, FOUNDATION, YOUR HONOR?

2 THE COURT: YES.

3 MR. FELDMAN: NO FURTHER QUESTIONS. THANK YOU.

4 THE COURT: ANYTHING FURTHER?

5 MR. DUSEK: NO, THANK YOU.

6 THE COURT: THANK YOU, SIR, FOR COMING IN.

7 IS HE TO BE EXCUSED?

8 MR. DUSEK: YES.

9 THE COURT: ALL RIGHT. THANK YOU FOR COMING IN. PLEASE

10 REMEMBER THE ADMONITION NOT TO DISCUSS YOUR TESTIMONY WITH

11 ANYONE UNTIL THE CASE IS CONCLUDED. THANK YOU FOR COMING IN.

12 MR. FELDMAN: YOUR HONOR, EXCUSE ME, SUBJECT TO RECALL,

13 PLEASE.

14 THE COURT: SUBJECT TO RECALL MEANS IF THEY NEED YOU

15 THEY’LL BE IN TOUCH. YOU BETTER GET OUT OF HERE QUICK.

16 ALL RIGHT. MR. DUSEK.

17 MR. DUSEK: DONALD RAYMOND.

18

19 -DONALD RAYMOND, +

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

21

22 THE COURT: PLEASE HAVE A SEAT, SIR.

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

24 SPELL IT FOR THE RECORD.

25 THE WITNESS: NAME IS DONALD A. RAYMOND, R-A-Y-M-O-N-D.

26

27 ///

28 ///
4916
1 DIRECT EXAMINATION +

2 BY MR. DUSEK:

3 Q. ARE YOU EMPLOYED, MR. RAYMOND?

4 A. NO,, SIR. I’M RETIRED.

5 Q. WHAT DO YOU DO AS A RETIRED INDIVIDUAL?

6 A. I VOLUNTEER WORK AS CAMP HOST. RIGHT NOW I’M

7 RAISING KING SALMON FOR OREGON FISH AND GAME.

8 Q. SO YOU’RE CURRENTLY UP IN OREGON?

9 A. RIGHT.

10 Q. WERE YOU FLOWN DOWN HERE?

11 A. YES.

12 Q. WHO PAID FOR THAT?

13 A. THE COUNTY DID, I GUESS.

14 Q. WE PAID FOR IT?

15 A. YES.

16 Q. WE’RE TRYING TO GET YOU BACK THERE TONIGHT?

17 A. RIGHT.

18 MR. FELDMAN: RELEVANCE, YOUR HONOR.

19 THE COURT: OVERRULED.

20

21 BY MR. DUSEK:

22 Q. WHAT TYPE OF WORK DID YOU USED TO DO?

23 A. I WAS ASSISTANT SUPERINTENDENT OF SCHOOLS.

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

25 2ND, THAT WEEKEND, 2002. WERE YOU VOLUNTEERING AT THAT TIME?

26 A. YES, SIR.

27 Q. WHERE?

28 A. SILVER STRAND STATE PARK, CORONADO.
4917
1 Q. WHAT WAS YOUR WORK DOWN THERE?

2 A. I GREETED PEOPLE AS THEY CAME OUT IN THEIR R. V.S

3 AND HANDED THEM AN ENVELOPE FOR PAY AND A BROCHURE ON THE PARK,

4 AND THEN TWICE A DAY WE WALKED THE R. V. — THE PARK TO WRITE

5 DOWN LICENSE NUMBERS ON A LISTING SHEET.

6 Q. WHO IS “WE”?

7 A. THE CAMP HOST. MY WIFE AND I THAT TIME.

8 Q. WHERE WERE YOU LIVING?

9 A. IN OUR MOTOR HOME.

10 Q. AT THE STRAND?

11 A. RIGHT.

12 Q. ON THAT DATE, THE 2ND OF FEBRUARY, DID YOU HAVE

13 CONTACT WITH AN INDIVIDUAL REGARDING A REFUND?

14 A. YES, SIR.

15 Q. ABOUT WHAT TIME OF DAY?

16 A. IT WAS AROUND 4:00 OR 4:00. I COULDN’T TELL YOU

17 THE EXACT TIME.

18 Q. WHERE IN THE PARK DID IT TAKE PLACE?

19 A. I WAS EITHER SITTING OR STANDING IN THE CAMP HOST

20 OFFICE AT THE ENTRANCE TO THE R. V. PARK.

21 Q. WERE YOU WITH ANYONE?

22 A. NO, SIR.

23 Q. HAD YOU BEEN ALERTED BEFOREHAND THAT THERE MIGHT BE

24 A REFUND NECESSARY?

25 A. NO, SIR.

26 Q. HOW WERE YOU FIRST MADE CONTACT REGARDING THE

27 REFUND?

28 A. I DON’T REMEMBER THE EXACT WORDS, BUT A GENTLEMAN
4918
1 APPROACHED ME AND SAID THAT THE RANGERS HAD JUST BROUGHT HIM

2 SOME MONEY THAT DIDN’T BELONG TO HIM. THEY HAD KNOCKED ON HIS

3 DOOR AND IT DIDN’T BELONG TO HIM, IT COULDN’T BE HIS. AND HE

4 WENT INTO DETAIL. IF YOU WISH ME TO I’LL —

5 Q. PLEASE PROVIDE THE DETAIL.

6 A. OKAY. HE SAID THAT HE HAD BEEN GIVEN CHANGE FOR A

7 $50 BILL, THAT THE RANGER SAID WAS IN HIS ENVELOPE AND DIDN’T

8 BELONG TO THEM, AND HE SAID HE COULDN’T HAVE A $50 BILL BECAUSE

9 HE HAD JUST GONE TO AN A. T. M. AND HE ONLY HAD $20 BILLS.

10 Q. DID HE TRY TO PROVE THAT TO YOU IN SOME WAY?

11 A. EVENTUALLY HE — AFTER BEING QUITE AGITATED ABOUT

12 THE WHOLE THING, HE PULLED OUT HIS WALLET AND SHOWED ME FOUR —

13 THREE OR FOUR $20 BILLS.

14 Q. YOU ACTUALLY SAW HIS WALLET?

15 A. YES.

16 Q. DO YOU SEE THAT MAN IN COURT TODAY?

17 A. YES.

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

19 HE’S WEARING?

20 A. RIGHT HERE. HE’S JUST WEARING A DARK GRAY SUIT AND

21 A CHECKERED TIE.

22 THE COURT: THE RECORD WILL REFLECT THE IDENTIFICATION.

23

24 BY MR. DUSEK:

25 Q. HE ACTUALLY OPENED UP THE WALLET?

26 A. YES.

27 Q. WHAT DID YOU SEE WHEN HE OPENED UP THE WALLET?

28 A. THREE OR FOUR $20 BILLS.
4919
1 Q. DID HE SAY WHERE HE GOT THE MONEY FOR HIS WALLET?

2 A. FROM AN A. T. M. JUST BEFORE HE CAME TO THE CAMP

3 GROUND. AN A. T. M. — HE ALSO STATED, I DIDN’T MEAN TO

4 INTERRUPT YOU — THAT A. T. M.S DON’T GIVE OUT $50 BILLS.

5 Q. WHAT WAS HIS DEMEANOR OR ATTITUDE WHEN HE WAS

6 SPEAKING WITH YOU?

7 A. AGITATED.

8 Q. WHAT DO YOU MEAN BY THAT?

9 A. IT’S THE ONLY WORD I CAN THINK OF TO DESCRIBE IT.

10 HE WAS JUST — I’VE BEEN OUT THERE 13 YEARS VOLUNTEERING FOR A

11 FEW WEEKS EVERY YEAR, AND I’VE NEVER HAD ANYONE AGITATED OVER

12 GETTING TOO MUCH MONEY BACK.

13 Q. HOW DID YOU RESOLVE THE SITUATION, MR. RAYMOND?

14 A. I CALLED THE RANGER ON THE INTERCOM, WHICH WAS

15 ABOUT A COUPLE BLOCKS AWAY AT THE LIFEGUARD TOWER AND TALKED TO

16 THEM AND DESCRIBED THE SITUATION. THERE WAS NO WAY I COULD

17 CHECK THE PAY ENVELOPES BECAUSE THEY WEREN’T ON THE WALL YET.

18 THE RANGERS TAKE THEM DOWN TO THEIR OFFICE TO TAKE THE MONEY

19 OUT. AND SO, I DESCRIBED THE SITUATION, AND THEY SAID YES,

20 THAT’S CORRECT, AND WE WERE NOT OVER ON ANY OF THE OTHER

21 ENVELOPES. THAT MONEY WAS PUT IN THERE BY ACCIDENT, AND WE’RE

22 SURE IT WAS THAT ENVELOPE. SO I HUNG UP ON THAT AND SAID THAT

23 IT MUST — IT MUST BE YOUR — BY THEN MR. WESTERFIELD HAD

24 IDENTIFIED HIMSELF, EVEN THOUGH I DIDN’T HAVE THE ENVELOPE, AND

25 I SAID WHAT’S — WHAT SPACE ARE YOU — OH, LET ME GO BACK HERE.

26 I SAID WELL, IT MUST BE YOURS THEN BECAUSE THEY SAID THEY DON’T

27 WANT IT BACK AND WE CAN’T HANDLE MONEY.

28 Q. “WE” BEING THE VOLUNTEERS?
4920
1 A. RIGHT.

2 Q. DID YOU ASK HIM WHAT SPACE HE WAS IN?

3 A. YES. AS HE WAS LEAVING I SAID IF YOU’LL TELL ME

4 WHAT SPACE YOU’RE ON — IN, IF ANYONE ELSE COMES UP THAT’S SHORT

5 ON MONEY I’LL SEND THEM TO YOUR R. V.

6 Q. AND HE TOLD YOU?

7 A. YES, 72.

8 Q. WHERE DID HE GO?

9 A. OFF INTO HIS MOTOR HOME, I GUESS. I JUST SAW HIM

10 HEADING TOWARDS IT.

11 Q. SO HE WAS ON FOOT?

12 A. YES.

13 Q. DID YOU EVER SEE HIS MOTOR HOME?

14 A. YES. AS I WENT BY IT AND WROTE THE LICENSE NUMBER

15 DOWN.

16 Q. WHEN WAS THAT, BEFORE OR AFTER THIS ENCOUNTER?

17 A. BEFORE.

18 Q. DID YOU HAVE ANY FURTHER DISCUSSION WITH MR.

19 WESTERFIELD AFTER YOU DID NOT TAKE THE MONEY BACK?

20 A. NO.

21 MR. DUSEK: THANK YOU, SIR.

22 THE COURT: CROSS-EXAMINATION.

23

24 CROSS-EXAMINATION +

25 BY MR. FELDMAN:

26 Q. SIR, YOU TALKED TO SEVERAL POLICE OFFICERS BETWEEN

27 FEBRUARY THE 2ND AND FEBRUARY THE 5TH CONCERNING CIRCUMSTANCES

28 THAT MAY HAVE INVOLVED A GUY YOU LATER LEARNED WAS DAVID
4921
1 WESTERFIELD, ISN’T THAT TRUE?

2 A. RIGHT.

3 Q. IN FACT, YOU TALKED TO AT LEAST THREE OR FOUR

4 SEPARATE POLICE OFFICERS CONCERNING THIS SPECIFIC EVENT, ISN’T

5 THAT TRUE?

6 A. I BELIEVE JUST TWO.

7 Q. DO YOU REMEMBER WHAT THEIR NAMES WERE, SIR?

8 A. NO, SIR.

9 Q. IF I GAVE YOU THE NAME TALLMAN, WOULD THAT RING A

10 BELL WITH YOU?

11 A. NO, SIR.

12 Q. HOW ABOUT MORRIS, DOES THAT NAME RING A BELL WITH

13 YOU?

14 A. NO, SIR.

15 Q. WHEN YOU TALKED TO THE OFFICERS, DO YOU RECALL THEM

16 TAKING NOTES AS YOU SPOKE, SIR?

17 A. YES, THEY DID.

18 Q. AND YOU WERE TRYING TO BE AS ACCURATE WITH THE

19 OFFICERS AT THE TIME OF YOUR COMMUNICATION AS YOU POSSIBLY

20 COULD?

21 A. YES, JUST AS I AM NOW.

22 Q. YES, SIR.

23 AND DO YOU RECALL SPEAKING TO THE OFFICERS — I’M

24 SORRY. BEFORE YOU CAME TO COURT TODAY, AT ANY TIME DID THE

25 DISTRICT ATTORNEY OR ANYONE PROVIDE TO YOU COPIES OF YOUR

26 STATEMENTS?

27 A. YES.

28 Q. WHAT HAVE YOU BEEN GIVEN, SIR?
4922
1 A. A COPY OF THE POLICE REPORT FROM MY INTERVIEW.

2 Q. CAN YOU SHOW IT TO ME, PLEASE? WELL, LET ME ASK

3 YOU THIS QUESTION FIRST.

4 DID YOU REVIEW IT FOR THE PURPOSE OF HELPING YOU

5 REMEMBER WHAT HAPPENED?

6 A. YES.

7 Q. OKAY.

8 DO YOU HAVE A COPY OF IT, SIR?

9 A. YES.

10 Q. COULD YOU PLEASE SHOW IT TO US. OKAY, WHAT YOU’RE

11 SHOWING ME IS A TYPED REPORT; IS THAT CORRECT?

12 A. RIGHT.

13 Q. DO YOU RECALL ON OR ABOUT FEBRUARY THE 5TH TALKING

14 TO A DETECTIVE IN PLAIN CLOTHES?

15 A. I DON’T HAVE THE DATES WRITTEN DOWN WHEN I TALKED

16 TO THE DETECTIVES. THEY WERE OUT THERE QUITE A BIT.

17 Q. OKAY. SO LET’S NOT TALK DATES JUST YET, ALL RIGHT?

18 DO YOU RECALL HAVING A COMMUNICATION WITH A DETECTIVE IN PLAIN

19 CLOTHES?

20 A. YES.

21 Q. AND DO YOU RECALL THE DETECTIVE ASKING YOU

22 QUESTIONS CONCERNING ABOUT YOUR RECEIPT OF MONEY OR SOMEONE’S

23 RECEIPT OF MONEY FROM A PARK RANGER FOR AN OVERPAYMENT?

24 A. YES.

25 Q. AND ISN’T IT TRUE YOU TOLD THE DETECTIVE, QUOTE,

26 “YOU DID NOT THINK WESTERFIELD WAS THE SAME PERSON,” ISN’T THAT

27 WHAT YOU TOLD THEM?

28 A. THAT I DIDN’T KNOW — NO, I DON’T RECALL EVER
4923
1 SAYING THAT, SIR.

2 Q. FOR THE LIMITED PURPOSE OF REFRESHING YOUR

3 RECOLLECTION, I’D LIKE TO SHOW YOU A POLICE REPORT. IT’S

4 DISCOVERY 931. IT’S HIGHLIGHTED IN ORIGINAL OR YELLOW, HOWEVER

5 YOU CALL IT, AND JUST HELP YOURSELF, SIR, READING WHERE IT

6 STARTS “DURING MY CONVERSATION WITH DONALD RAYMOND.”

7 A. I KNOW WHAT HE’S TALKING ABOUT. I SAID I DON’T

8 KNOW THAT I COULD — COULD IDENTIFY HIM AS MR. WESTERFIELD AT

9 THE TIME.

10 Q. WHAT’S WRITTEN HERE IS “BUT HE DOES NOT THINK

11 WESTERFIELD WAS THE SAME PERSON WHO HAD ANYTHING TO DO WITH THE

12 RECEIPT OF MONEY.” THAT’S CORRECT, ISN’T IT?

13 A. NO. NO, I DID NOT SAY THAT. I SAID I COULD NOT

14 IDENTIFY HIM.

15 Q. OKAY. SO ARE YOU TELLING ME YOU’VE HAD THE

16 OPPORTUNITY TO REVIEW THE REPORT?

17 A. NOT THAT REPORT.

18 Q. I JUST SHOWED IT TO YOU?

19 A. VERY QUICKLY.

20 Q. I DON’T WANT YOU TO FEEL THAT I DIDN’T —

21 A. NO, I AGREE. I REMEMBER SAYING SOMETHING ABOUT I

22 DON’T KNOW WHETHER I COULD IDENTIFY HIM OR NOT, OR SOMETHING TO

23 THAT EFFECT.

24 Q. OKAY.

25 A. YOU ALWAYS END YOUR BETS A LITTLE BIT, YOU KNOW,

26 BECAUSE I WAS REALLY BEING GRILLED.

27 Q. YOU FEEL AS THOUGH THE DETECTIVE WAS GRILLING YOU,

28 SIR?
4924
1 A. YES.

2 Q. WHEN YOU SAY YOU WERE BEING GRILLED, WHAT DO YOU

3 MEAN?

4 A. WELL, ASKED QUESTIONS.

5 Q. I’M GOING TO — I HOPE I — AM I GRILLING YOU?

6 A. YES.

7 Q. WAS MR. DUSEK GRILLING YOU?

8 A. NO.

9 Q. I’M GOING TO GRILL YOU REAL QUICK, SIR.

10 YOU DON’T REMEMBER TELLING DETECTIVE MARK TALLMAN

11 ON FEBRUARY THE 5TH YOU DID NOT THINK WESTERFIELD WAS THE SAME

12 PERSON THAT HAD THE PROBLEM WITH THE MONEY?

13 A. NO, SIR.

14 Q. BUT YOU DID —

15 A. I INFERRED I HAD AN IDENTIFICATION PROBLEM AT TIMES

16 BUT I DID NOT SAY I DID NOT THINK HE WAS THE SAME PERSON.

17 THAT’S A MISQUOTE.

18 Q. WHEN YOU SAY THAT’S A MISQUOTE, I SHOWED YOU THE

19 REPORT, RIGHT?

20 A. RIGHT.

21 Q. AND YOU DISAGREE WITH WHAT THE OFFICER WROTE IN HIS

22 REPORT?

23 A. WITH THAT.

24 Q. EXCUSE ME.

25 (PAUSE)

26 Q. WITH REGARD TO YOUR RECOLLECTION OF THE TIMING OF

27 THE EVENT OF THE REFUND OF MONEY TO WHOMEVER, WHAT’S YOUR BEST

28 RECOLLECTION, SIR?
4925
1 A. THE TIMING OF THE EVENT?

2 Q. YES. WHEN THE CONVERSATION OCCURRED, AND THEN MR.

3 DUSEK WAS ASKING YOU QUESTIONS WHEN HE WAS NOT GRILLING YOU

4 ABOUT WHAT TIME WERE THE EVENTS AS YOU WERE DESCRIBING THEM

5 OCCURRING?

6 A. I’M NOT CERTAIN THAT I KNOW WHAT EVENTS YOU’RE

7 TALKING ABOUT.

8 Q. OKAY. YOU TALKED ON DIRECT EXAMINATION ABOUT A

9 COMMUNICATION THAT YOU HAD WITH A MAN CONCERNING MONEY?

10 A. RIGHT.

11 Q. THAT YOU SAW THE MAN GO TO HIS WALLET, HE SHOWED

12 YOU, I GUESS, HIS WALLET AND TALKED ABOUT AN A. T. M.?

13 A. RIGHT.

14 Q. IT’S THAT CONVERSATION I’M ASKING YOU ABOUT WHAT

15 TIME IT WAS?

16 A. I SAID IT WAS ABOUT 4:00 OR 5 O’CLOCK.

17 Q. BETWEEN 4:00 AND 5:00 P.M.

18 A. I DIDN’T SAY BETWEEN 4:00 AND 5:00. I SAID ABOUT

19 4:00 OR 5:00.

20 Q. YOU WERE SHOWN THE COURT’S — AND YOU SHOWED ME

21 ONE — I’M SORRY, SIR. YOU’RE GOING TO SAY I’M GRILLING AGAIN.

22 I’M JUST TRYING TO PIN DOWN THE TIMES, THAT’S ALL?

23 A. YOU’RE DOING YOUR JOB.

24 Q. THANK YOU. THANK YOU.

25 ONE OF THE REPORTS, SIR, THAT YOU REVIEWED COULD

26 YOU MAYBE GO BACK TO IT, OR I’LL BRING IT TO YOU, WHATEVER YOU

27 WISH?

28 A. WHICH REPORT?
4926
1 Q. WELL, ACTUALLY WE HAVE TWO HERE. ACTUALLY, WE HAVE

2 THREE HERE. I DON’T KNOW HOW MANY YOU HAVE THERE. WE HAVE OUR

3 PAGES MARKED, YOU CAN SEE BY NUMBER, AND I’M SHOWING YOU WHAT’S

4 MY NO. 539 WHICH, FOR THE RECORD, IS PAGE TWO?

5 A. RIGHT.

6 Q. OF AN INVESTIGATOR’S REPORT OF YOU, SIR?

7 A. RIGHT.

8 Q. DATED —

9 A. I HAVE THAT.

10 Q. BY AN OFFICER NAMED MORRIS, FEBRUARY 5?

11 A. YES.

12 Q. MR. MORRIS SAYS THAT YOU TOLD HIM THAT BETWEEN 1600

13 AND 1730 WESTERFIELD CONTACTED YOU AT THE HOST SHED?

14 A. RIGHT.

15 Q. SO DO YOU TALK MILITARY TIME OR DO YOU TALK

16 ENGLISH?

17 A. I USED TO TALK MILITARY TIME WHEN I WAS IN THE

18 ARMY. I TALK ENGLISH NOW.

19 Q. SO 1600, WE’RE TALKING BETWEEN 4:00 AND 5:30 IN THE

20 AFTERNOON, IS THAT RIGHT?

21 A. SAYING BETWEEN 4:00 AND 5:30 IS KIND OF HARD TO PIN

22 THINGS DOWN. I JUST THINK IT WAS ABOUT THAT TIME. WE DON’T

23 HAVE A TIME CLOCK OUT THERE TO PUNCH IN WHEN WE’RE TALKING TO

24 PEOPLE AND WE SEE HUNDREDS OF PEOPLE, SO —

25 Q. OKAY. BUT WHAT I’M ASKING YOU IS WHETHER YOU TOLD

26 THE DETECTIVE THAT IT WAS BETWEEN 4:00 AND 5:30 THAT THIS

27 ENCOUNTER OCCURRED.

28 A. I COULD HAVE.
4927
1 Q. ALL RIGHT. THANK YOU VERY MUCH, SIR.

2 A. UM-HMM.

3 Q. YOU HAD ONE COMMUNICATION WITH A GENTLEMAN

4 INVOLVING MONEY. DID YOU HAVE TWO COMMUNICATIONS WITH THAT

5 GENTLEMAN THAT DAY?

6 A. THE GENTLEMAN SAID HE WAS OVERPAID?

7 Q. YES.

8 A. JUST ONE.

9 Q. OKAY.

10 DID HE COME TO YOU OR DID YOU GO TO HIM?

11 A. HE CAME TO ME.

12 Q. DID YOU HAVE MORE THAN ONE CONVERSATION WITH THE

13 DETECTIVES WHEN THEY TALKED TO YOU CONCERNING YOUR RECOLLECTION?

14 A. I HAD TWO WITH ONE DETECTIVE AND ONE WITH ANOTHER

15 DETECTIVE, AND THEN SAID HI TO NUMEROUS DETECTIVES, SO —

16 Q. DID THESE ALL — AS BEST YOU CAN RECOLLECT IT, SIR,

17 DID THESE ALL OCCUR ON THE SAME DAY?

18 A. NO.

19 Q. DIFFERENT DAYS?

20 A. RIGHT.

21 MR. FELDMAN: THANK YOU. NOTHING FURTHER.

22 THE COURT: ANYTHING FURTHER?

23

24 REDIRECT EXAMINATION +

25 BY MR. DUSEK:

26 Q. AT THE TIME THAT YOU SPOKE WITH THE OFFICERS, DID

27 YOU TELL THEM ABOUT SEEING MR. WESTERFIELD’S WALLET?

28 A. SEEING — YES.
4928
1 MR. FELDMAN: OBJECTION, VAGUE AS TO TIME.

2 THE COURT: BE SPECIFIC AS TO THE OCCASION.

3

4 BY MR. DUSEK:

5 Q. DO YOU RECALL TELLING THE DETECTIVES ON EITHER OF

6 THE OCCASIONS SEEING MR. WESTERFIELD’S WALLET?

7 A. RIGHT. HE ASKED ME WHY I TOLD HIM — WHY I DIDN’T

8 TELL HIM THE FIRST TIME. AND I SAID BECAUSE I DIDN’T THINK OF

9 IT.

10 MR. DUSEK: ALL RIGHT. THANK YOU, SIR.

11 THE COURT: ANYTHING FURTHER?

12 MR. FELDMAN: YES.

13

14 RECROSS-EXAMINATION +

15 BY MR. FELDMAN:

16 Q. DID YOU JUST TELL US THAT IN RESPONSE TO ONE OF MR.

17 DUSEK’S QUESTIONS THAT ONE POLICE OFFICER TALKED TO YOU ON

18 TWO — TWICE, IS THAT RIGHT?

19 YOU NODDED YOUR HEAD BUT WE HAVE A REPORTER?

20 A. YES. EXCUSE ME, I’M SORRY.

21 Q. NO PROBLEM.

22 AND THE SECOND TIME THE DETECTIVE TALKED TO YOU HE

23 ASKED YOU WHY YOU SAID NOTHING ABOUT A WALLET THE FIRST TIME ;

24 IS THAT RIGHT?

25 A. AFTER I TOLD HIM ABOUT THE WALLET HE SAID WHY

26 DIDN’T YOU TELL ME BEFORE.

27 Q. WHERE, IF ANYWHERE IN THIS TIMEFRAME, HAD YOU SEEN

28 ANYTHING ABOUT DAVID WESTERFIELD IN THE PRESS?
4929
1 A. ON TELEVISION A LITTLE BIT.

2 Q. HOW ABOUT IN THE NEWSPAPERS, SIR?

3 A. PROBABLY.

4 MR. FELDMAN: NO FURTHER QUESTIONS.

5 THE COURT: ANYTHING FURTHER?

6

7 REDIRECT EXAMINATION +

8 BY MR. DUSEK:

9 Q. HAD YOU SEEN ANY TAPE-RECORDING OF ANY STATEMENTS

10 HE’D MADE TO THE POLICE?

11 A. NO.

12 MR. DUSEK: THANK YOU, SIR.

13 THE COURT: ANYTHING FURTHER?

14 MR. FELDMAN: NO. THANK YOU.

15 THE COURT: IS THIS WITNESS TO BE EXCUSED?

16 MR. DUSEK: YES, PLEASE.

17 THE COURT: EXCUSED?

18 THE WITNESS: THAT —

19 MR. FELDMAN: YOUR HONOR, YES, EXCUSED.

20 THE COURT: I HEARD THE WORD “EXCUSED.” WE’RE GOING TO

21 ACT ON THAT WORD. THANK YOU VERY MUCH, SIR, FOR COMING IN.

22 YOU’RE FREE TO LEAVE THESE PROCEEDINGS. REMEMBER THE

23 ADMONITION, YOU’RE NOT TO DISCUSS YOUR TESTIMONY WITH ANYONE

24 ELSE UNTIL THE MATTER’S CONCLUDED. HAVE A GOOD TRIP BACK TO

25 OREGON.

26 THE WITNESS: THANK YOU, JUDGE.

27 THE COURT: ALL RIGHT.

28 MR. DUSEK.
4930
1 MR. DUSEK: DAN CONKLIN.

2 -DAN CONKLIN, +

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

4

5 THE COURT: PLEASE HAVE A SEAT, SIR.

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

7 SPELL IT FOR THE RECORD.

8 THE WITNESS: DANIEL CONKLIN, D-A-N-I-E-L, C-O-N-K-L-I-N.

9

10 DIRECT EXAMINATION +

11 BY MR. DUSEK:

12 Q. GOOD AFTERNOON, MR. CONKLIN.

13 A. HI.

14 Q. WHERE DO YOU LIVE, SIR?

15 A. I LIVE OUT IN GLAMIS.

16 Q. WHERE IS GLAMIS?

17 A. GLAMIS IS OUT IN THE DESERT AND SAND DUNES,

18 IMPERIAL COUNTY.

19 Q. HOW FAR AWAY FROM HERE?

20 A. IT’S APPROXIMATE A THREE-HOUR DRIVE, 150 MILES OR

21 SO.

22 Q. DO YOU WORK OUT THERE, SIR?

23 A. I WORK AND LIVE OUT THERE. I HAVE A BUSINESS AND A

24 RESIDENCE.

25 Q. WHAT TYPE OF BUSINESS?

26 A. I DO TOWING AND — AND I HAVE A PARTS DEPARTMENT

27 AND REPAIR OFF ROAD VEHICLES.

28 Q. HOW LONG HAVE YOU LIVED OUT THERE?
4931
1 A. TWO YEARS NOW.

2 Q. AND, SIR, I’D LIKE TO DIRECT YOUR ATTENTION TO

3 FEBRUARY 3RD, A SUNDAY THIS YEAR, SUPER BOWL SUNDAY, IF YOU

4 WILL. WERE YOU OUT AT GLAMIS THAT WEEKEND?

5 A. YES.

6 Q. DO YOU LIVE WITH ANYONE?

7 A. NO.

8 Q. DID YOU HAVE ANY CONTACT THAT MORNING REGARDING

9 SOMEONE BEING STUCK IN THE SAND?

10 A. YES.

11 Q. ABOUT WHAT TIME DID YOU FIRST RECEIVE WORD THAT

12 YOUR SERVICES MIGHT BE NEEDED?

13 A. IT WAS APPROXIMATELY MID MORNING.

14 Q. WHICH MEANS ABOUT WHAT?

15 A. TEN-ISH OR SO.

16 Q. WHERE WERE YOU?

17 A. I WAS AT MY RESIDENCE AND BUSINESS.

18 Q. AND HOW WAS CONTACT MADE WITH YOU?

19 A. A PERSON ON THE MOTORCYCLE CAME TO ME, RANG MY BELL

20 AND TOLD ME THAT SOMEONE WAS STUCK AND NEEDED ASSISTANCE.

21 MR. FELDMAN: OBJECTION, HEARSAY.

22 THE COURT: OVERRULED. THE ANSWER WILL STAND.

23

24 BY MR. DUSEK:

25 Q. THE PERSON THAT MADE CONTACT WITH YOU, WAS THAT THE

26 PERSON YOU EVENTUALLY TOWED OUT?

27 A. NO.

28 Q. SO THAT PERSON JUST ADVISED YOU THAT SOMEONE NEEDED
4932
1 HELP?

2 A. YES.

3 Q. THAT PERSON WAS RIDING WHAT TYPE OF VEHICLE?

4 A. A MOTORCYCLE.

5 Q. ONCE YOU RECEIVED THE WORD WHAT DID YOU DO?

6 A. I THEN GOT MY TRUCK AND MY GEAR READY AND WENT DOWN

7 TO THE AREA HE TOLD ME TO GO.

8 Q. DESCRIBE YOUR TRUCK. HOW WERE YOU ABLE TO TOW WITH

9 THE TRUCK?

10 A. I HAVE A 4-WHEEL DRIVE FORD F-150 TRUCK THAT I HAVE

11 SET UP FOR TOWING, THAT I TOW MOST EVERYTHING I’VE ATTEMPTED TO

12 TOW OUT OF THE DESERT WITH IT.

13 Q. WHERE DID YOU GO?

14 A. I WENT DOWN — I WAS TOLD TO GO TO WASH 14.

15 Q. DESCRIBE THE WASH NUMBERING SYSTEM.

16 A. THE WASHES RUN ALONG THE RAILROAD TRACKS, AND THE

17 BRIDGES THAT GO UNDERNEATH THE RAILROAD TRACKS ARE NUMBERED, AND

18 THEY’RE APPROXIMATELY A QUARTER MILE APART OR SO, AND THEY’RE

19 NUMBERED AND THEY GO SOUTH, HIGHER NUMBERS.

20 Q. SO THEY START, I ASSUME, WITH NUMBER ONE?

21 A. YES.

22 Q. HOW MANY NUMBERS DO THEY GO TO?

23 A. I’M NOT ACTUALLY SURE. I’VE NEVER BEEN DOWN PAST

24 50 OR SO, AND THAT’S —

25 (MARKED FOR ID: = TRIAL EX. 68, PHOTOBOARD/GLAMIS)

26 Q. LET ME SHOW YOU WHAT I’VE PREVIOUSLY MARKED AS

27 COURT’S EXHIBIT 68 A PHOTO DISPLAY BOARD LABELED AT THE TOP

28 GLAMIS, CALIFORNIA. IT HAS FIVE PHOTOGRAPHS ON IT. DO YOU
4933
1 RECOGNIZE WHAT WE HAVE DEPICTED THERE, MR. CONKLIN?

2 A. YES, I DO.

3 Q. WHAT DOES PHOTOGRAPH “A” SHOW US?

4 A. THAT IS A PICTURE OF THE GLAMIS STORE.

5 Q. AND WHAT IS THE GLAMIS STORE?

6 A. THAT IS JUST A LOCAL STORE THAT IS ABOUT A QUARTER

7 MILE FROM MY BUSINESS AND MY HOUSE.

8 Q. IS THAT PRETTY MUCH DOWNTOWN GLAMIS?

9 A. THAT IS IT. THAT’S IT.

10 Q. AND YOU INDICATED YOUR RESIDENCE AND BUSINESS IS

11 HOW FAR AWAY?

12 A. IT’S DIRECTLY BEHIND THE GLAMIS STORE,

13 APPROXIMATELY A QUARTER MILE.

14 Q. PHOTOGRAPH “B”, WHAT IS THAT LANDSCAPE SHOWING US?

15 A. THAT IS JUST SAND DUNES THAT ARE OUT THERE AT

16 GLAMIS, OPEN AREA.

17 Q. AND PHOTOGRAPH “C”, “D” AND “E”, THERE APPEAR TO BE

18 SOME CEMENT STRUCTURE WITH A NUMBER ON IT. WHAT ARE THEY

19 SHOWING US?

20 A. THAT IS WASH 14, WHAT WE CALL WASH 14 WHERE THE —

21 RAILROAD TRACKS HAVE BRIDGES FOR THE WATER TO RUN UNDERNEATH

22 THEM. THEY’RE ALL NUMBERED.

23 Q. SO THE WASH ALLOWS THE WATER TO RUN FROM ONE SIDE

24 OF THE TRACKS TO THE OTHER?

25 A. YES.

26 Q. AND SOMEONE HAS NUMBERED THEM SEQUENTIALLY?

27 A. THEY PAINTED ‘EM AND NUMBERED ‘EM.

28 Q. IS THAT HOW YOU KIND OF FIND YOUR WAY DOWN THERE.
4934
1 A. YES, LIKE MARKERS, MILE MARKERS OR PADDLE MARKERS

2 ON A REGULAR ROAD.

3 Q. SO YOU WERE TOLD TO GO TO WASH 14; IS THAT RIGHT?

4 A. YES.

5 Q. HOW DO YOU GET THERE? WHAT TYPE OF ROADS DO YOU

6 TAKE?

7 A. IT’S A DIRT ROAD.

8 Q. DO YOU HAVE ANY DIFFICULTY GETTING TO WASH 14 IN

9 YOUR VEHICLE?

10 A. NO.

11 Q. WHEN YOU GOT THERE WHAT DID YOU SEE?

12 A. I SAW A MOTOR HOME ON THE RAILROAD TRACK ROAD ON

13 THE WASH ROAD AND I WAS TOLD TO GO DIRECTLY IN FROM THAT MOTOR

14 HOME.

15 Q. SO THAT MOTOR HOME WAS YOUR LANDMARK?

16 A. YES.

17 Q. CAN YOU DESCRIBE THAT MOTOR HOME?

18 A. IT WAS A BLUEBIRD WONDER LODGE.

19 Q. WAS THAT ONE STUCK?

20 A. NO.

21 Q. AND FROM WHEN YOU FOUND YOUR LANDMARK WHERE DID YOU

22 GO?

23 A. DIRECTLY — IT WOULD BE WEST.

24 Q. HOW FAR?

25 A. PROBABLY A THIRD OF A MILE, MAYBE A HALF MILE OR

26 SO.

27 Q. WHEN YOU GOT BACK IN THERE WHAT DID YOU SEE?

28 A. I SAW A MOTOR HOME BY ITSELF WITH SOMEBODY STANDING
4935
1 BY IT.

2 Q. AND WHERE WAS IT IN RELATION TO THE ROAD?

3 A. IT WAS DIRECTLY WEST OF THE ROAD, WHICH IS IN

4 TOWARD THE SAND DUNES.

5 Q. WHAT TYPE OF SURFACE WAS IT ON?

6 A. VERY SOFT SAND.

7 Q. A TYPE OF PLACE WHERE YOU’RE SUPPOSED TO BE DRIVING

8 A MOTOR HOME?

9 A. NO.

10 Q. WHY NOT?

11 A. IT — IT GETS VERY SOFT. THE FARTHER IN YOU GO THE

12 SOFTER IT GETS, BUT IT WAS ACTUALLY INTO WHERE THE SAND DUNES

13 STARTED.

14 Q. HOW FAR OFF THE AREA WHERE HE SHOULD HAVE BEEN

15 DRIVING TO STILL HAVE TRACTION?

16 A. ABOUT A QUARTER MILE.

17 Q. DID YOU SEE ANY OTHER VEHICLES AROUND HIM?

18 A. THERE WAS ONE OTHER — TWO OTHER GROUPS NEAR HIM.

19 Q. WHEN YOU SAY NEAR, HOW FAR AWAY, BALLPARK?

20 A. SEVERAL HUNDRED YARDS.

21 Q. WHAT DID YOU SEE ONCE YOU GOT OVER THERE?

22 A. THE MOTOR HOME WITH THE BACK END OF THE MOTOR HOME

23 STUCK TO THE POINT WHERE IT WAS ALL THE WAY UP TO THE SIDES OF

24 THE MOTOR HOME.

25 Q. THE ACTUAL BODY SIDES OF THE MOTOR HOME?

26 A. IS ON THE GROUND.

27 Q. CAN YOU DESCRIBE THE MOTOR HOME?

28 A. VERY NICE, LARGE, APPROXIMATELY 36 OR -7 FOOT.
4936
1 Q. LET ME SHOW YOU WHAT’S BEEN PREVIOUSLY MARKED AS

2 COURT’S EXHIBIT 49. THIS PHOTO DISPLAY BOARD LABELED AT THE TOP

3 “1997 SOUTHWIND MOTOR HOME.” DO YOU RECOGNIZE THIS?

4 A. YES.

5 Q. IS THAT THE MOTOR HOME THAT YOU SAW STUCK?

6 A. YES.

7 Q. AND WHEN YOU SAY IT WAS STUCK UP TO THE SIDES, CAN

8 YOU SHOW US ON ANY OF THESE PHOTOGRAPHS THE LEVEL THAT YOU’RE

9 TALKING ABOUT?

10 A. RIGHT UP TO THE BOTTOM OF THE MOTOR HOME, RIGHT

11 THERE.

12 Q. AND YOU’VE INDICATED ON PHOTOGRAPH “B” THE METAL

13 BOTTOM STRUCTURE OF THE MOTOR HOME?

14 A. YES.

15 Q. WAS THERE AN INDIVIDUAL AROUND THE MOTOR HOME?

16 A. YES.

17 Q. WHERE?

18 A. HE WAS STANDING OFF THE FRONT OF THE MOTOR HOME.

19 Q. DO YOU SEE THAT INDIVIDUAL IN COURT TODAY?

20 A. YES.

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

22 HE’S WEARING TODAY?

23 A. RIGHT OVER THERE IN THE TIE, JACKET.

24 THE COURT: ON THE END THERE WITH THE GOATEE?

25 THE WITNESS: UM-HMM.

26 THE COURT: IS THAT A YES?

27 THE WITNESS: YES.

28 THE COURT: ALL RIGHT. THE RECORD WILL REFLECT
4937
1 IDENTIFICATION.

2 BY MR. DUSEK:

3 Q. WHAT HAPPENED WHEN YOU CONTACTED HIM, MR. CONKLIN?

4 A. I — HE RESPONDED TO ME IF I WAS THERE TO TOW HIM

5 OUT AND I SAID YES.

6 Q. THEN WHAT HAPPENED?

7 A. HE JUST ASKED ME IF I REALLY THOUGHT I COULD GET

8 HIM OUT WITH MY TRUCK, BECAUSE MOST PEOPLE DON’T THINK I CAN. I

9 REASSURED HIM I COULD, HOW MUCH I WAS GONNA CHARGE HIM.

10 Q. WHAT DID YOU TELL HIM?

11 A. I TOLD HIM $150.

12 Q. DO YOU TAKE CREDIT CARDS?

13 A. NO. I WASN’T SET UP FOR ‘EM YET. NEW BUSINESS.

14 Q. WHEN YOU DISCUSSED THE PRICE, WAS THERE ANY OTHER

15 DISCUSSION ABOUT HOW YOU WOULD BE PAID?

16 A. NO.

17 Q. OR WHEN YOU WOULD BE PAID?

18 A. NOT AT THAT TIME.

19 Q. DID HE INDICATE WHETHER OR NOT HE HAD THE $150?

20 A. I DON’T BELIEVE SO AT THE TIME, NO.

21 Q. AT SOME LATER TIME?

22 A. YES.

23 Q. WHAT HAPPENED AFTER YOU TOLD HIM THE HUNDRED AND

24 FIFTY?

25 A. HE SAID IF YOU CAN GET IT OUT, THAT’S FINE. LET’S

26 DO IT.

27 Q. SO WHAT HAPPENED?

28 A. SO THEN I JUST — I GOT MY SHOVELS OUT TO START
4938
1 DIGGING AND CLEARING THE TIRES AND MY PLYWOOD THAT I LAY DOWN

2 AND HE ASSISTED WITH ME.

3 Q. HOW?

4 A. WITH THE SHOVEL CLEARING THE TIRES.

5 Q. DO YOU RECALL WINDOWS IN THE MOTOR HOME?

6 A. THEY WERE CLOSED UP, COVERED.

7 Q. HOW LONG DID IT TAKE YOU TO GET READY TO START

8 TOWING HIM?

9 A. APPROXIMATELY A HALF AN HOUR, 45 MINUTES.

10 Q. WHY DOES IT TAKE THAT LONG, SIR?

11 A. TO CLEAR THE TIRES OUT SO THAT IT’S EASIER TO GET

12 OUT OF THERE, AND TO PUT THE WOOD DOWN SO THAT IT COMES UP ON TO

13 PLYWOOD SO THAT I CAN KEEP THE MOMENTUM GOING.

14 Q. WAS THERE ANYTHING SAID WHILE YOU WERE TRYING TO

15 GET THE MOTOR HOME READY TO BE TOWED?

16 A. WE TALKED ABOUT WHICH WAY TO TOW IT OUT, FORWARDS

17 OR BACKWARDS. AND I TOLD HIM THAT WE COULD NOT TOW IT OUT

18 FORWARDS BECAUSE IT’S A NEWER MOTOR HOME AND IT HAS A COWLING

19 UNDERNEATH THE FRONT END, SPOILER TYPE, THAT COMES DOWN AND IT

20 WILL BREAK IT IF YOU HOOK IT ONTO THE FRONT. AND HE SAID THAT

21 SOMEBODY HAD ALREADY TRIED TO PULL IT OUT FROM THE FRONT SO THAT

22 IT WAS OKAY TO DO IT. AND WHEN I CLIMBED UNDERNEATH TO LOOK, I

23 SAW THAT IT WAS BROKEN. WHERE THE OTHER PERSON HAD TRIED TO

24 PULL IT OUT, HE BROKE IT.

25 Q. ALL RIGHT.

26 SO YOU THEN DID TRY TO TOW IT OUT FORWARDS?

27 A. YES, BECAUSE HE SAID IT’S ALREADY BROKEN, YOU KNOW,

28 GO AHEAD AND TOW IT OUT.
4939
1 Q. WAS THERE A TIME WHEN YOU WERE TOWARDS THE REAR OF

2 THE MOTOR HOME WHEN YOU HEARD SOMETHING?

3 A. YES. I WAS DIGGING ON ONE SIDE, I BELIEVE HE WAS

4 ON THE OTHER SIDE DIGGING, AND I THOUGHT HE HAD MADE SOME

5 COMMENTS TO ME.

6 Q. TO YOU OR — DID YOU KNOW HE WAS TALKING TO YOU?

7 A. I DIDN’T KNOW HE WAS TALKING TO ME OR —

8 Q. WHAT DID YOU HEAR?

9 A. I JUST HEARD WHAT I THOUGHT WAS A VOICE, YOU KNOW,

10 AND IT WOULD HAVE BEEN HIM BECAUSE WE WERE THE ONLY TWO PEOPLE

11 THERE, SAY SOMETHING. SO THEN I WALKED OVER AND I ASKED HIM,

12 YOU KNOW, WHAT, AND HE’S — SHOOK HIS HEAD AND I DON’T REMEMBER

13 THE EXACT WORDS, BUT IT WAS I WASN’T TALKING TO YOU OR I DIDN’T

14 SAY ANYTHING.

15 Q. YOU SURE YOU HEARD VOICES?

16 A. I THOUGHT I HEARD SOMEBODY SAY SOMETHING.

17 Q. AND YOU THOUGHT ONLY TWO OF YOU WERE THERE?

18 A. THERE WAS ONLY TWO OF US THERE AT THAT TIME.

19 Q. DID YOU EVER GET INSIDE THAT MOTOR HOME?

20 A. NO.

21 Q. HOW FAR AWAY FROM HIM WERE YOU WHEN YOU HEARD THE

22 VOICE?

23 MR. FELDMAN: MISSTATES THE EVIDENCE, OBJECTION.

24 THE COURT: OVERRULED.

25

26 BY MR. DUSEK:

27 Q. ABOUT?

28 A. APPROXIMATELY TEN, 12 FEET.
4940
1 Q. AFTER HE SAID WHAT HE SAID ABOUT THE VOICE WHAT

2 HAPPENED?

3 A. I WENT BACK TO THE OTHER SIDE OF THE MOTOR HOME TO

4 CONTINUE DIGGING.

5 Q. EVENTUALLY, DID YOU GET TO THE POINT WHERE YOU WERE

6 TRYING TO TOW HIM OUT?

7 A. YES.

8 Q. HOW DOES THAT HAPPEN?

9 A. I JUST TELL — I JUST TELL HIM TO GET IN THE MOTOR

10 HOME, PUT IT IN DRIVE, AND ASSIST BY GIVING IT VERY LITTLE GAS

11 AND JUST STEER IT STRAIGHT.

12 Q. IS THAT WHAT HAPPENED?

13 A. YEAH.

14 Q. DID YOU GET HIM OUT?

15 A. YEAH, FIRST PULL.

16 Q. THEN WHAT?

17 A. THEN I TOOK HIM OVER APPROXIMATELY HALFWAY FROM

18 WHERE HE WAS TO THE HARD PACKED ROAD, AND I STOPPED AND TOLD HIM

19 I WAS GONNA UNHOOK AT THAT POINT AND HE WOULD BE OKAY TO

20 CONTINUE ON FROM THERE, BUT I WOULD PULL OVER AND MAKE SURE THAT

21 HE GOT GOING AND I WOULD SEE HIM OVER AT THE ROAD, THE TRACK

22 ROAD.

23 Q. WHEN DID YOU DISCUSS THE MONEY AGAIN?

24 A. AT THAT POINT RIGHT THERE WHEN I WAS UNHOOKING.

25 Q. TELL ME ABOUT THAT.

26 A. HE SAID HE DIDN’T THINK HE HAD ALL THE MONEY IN

27 CASH, DO I TAKE CREDIT CARDS, AND I SAID NO, I’M NOT SET UP YET

28 FOR CREDIT CARDS, SO HE SAID HE HAD $80 CASH AND I SAID OKAY,
4941
1 THEN JUST SEND ME THE REST.

2 Q. IT WAS ONLY AFTER YOU WERE TOWED OUT THAT THE FACT

3 THAT HE WAS SHORT HE MENTIONED?

4 A. YES.

5 Q. WAS THERE ANY WAY YOU COMMUNICATED TO HIM WHERE HE

6 COULD SEND THE MONEY?

7 A. YES. I GAVE HIM MY ADDRESS, MY NAME AND ADDRESS

8 WHERE HE COULD SEND THE MONEY AT THAT TIME.

9 Q. I’VE HAD MARKED AS COURT’S EXHIBIT 67 A PAPER

10 ENVELOPE THAT CONTAINS — IT LOOKS LIKE A RECEIPT BUT WITH SOME

11 WRITING ON THE BACK SIDE.

12 DO YOU RECOGNIZE THE WRITING ON THE BACK SIDE, MR.

13 CONKLIN?

14 A. YES, I DO.

15 Q. WHOSE WRITING IS THAT?

16 A. THAT IS MINE.

17 Q. AND WHAT DOES IT TELL US?

18 A. IT TELLS US MY NAME AND ADDRESS OUT AT GLAMIS.

19 Q. DID YOU PUT THAT THERE?

20 A. SO HE COULD SEND ME THE BALANCE OF THE MONEY HE

21 OWED ME FOR THE TOW.

22 Q. WHERE DID THE PAPER COME FROM THAT YOU WROTE THAT

23 ON?

24 A. CAME OUT OF HIS MOTOR HOME.

25 Q. AFTER YOU HAD THE DISCUSSION ABOUT FUTURE PAYMENT

26 WHAT HAPPENED?

27 A. I THEN UNHOOKED THE ROPE, PULLED OVER TO THE SIDE

28 AND WAITED, AND MADE SURE THAT HE COULD GET GOING ON HIS OWN.
4942
1 AND THEN I WENT BACK TO GET THE WOOD RAMPS AND THE SHOVELS AND

2 THE THINGS THAT WERE LEFT BACK AT THE MOTOR HOME STUCK.

3 Q. SHOVELS WERE WHOSE?

4 A. MINE.

5 Q. WHAT WERE THE RAMPS? WHAT ARE THEY?

6 A. THERE WERE SOME LEVELING RAMPS UNDERNEATH THE TIRES

7 THAT WE COULD NOT GET OUT AT THE TIME WE WERE PULLING THE MOTOR

8 HOME OUT, SO I WAS GONNA TAKE THEM OVER TO HIM OVER AT THE ROAD,

9 OVER AT THE TRACK ROAD.

10 Q. WERE THEY YOUR RAMPS?

11 A. NO. THEY WERE HIS FOR —

12 Q. DESCRIBE WHAT THEY LOOKED LIKE?

13 A. THEY’RE WOOD PLANKS THAT ARE TIERED UP TO LEVEL THE

14 MOTOR HOMES TO KEEP ‘EM — TO KEEP THE REFRIGERATOR WORKING, TO

15 KEEP THE MOTOR HOME LEVEL FOR CAMPING.

16 Q. HOW IMPORTANT ARE THEY TO A MOTOR HOME AND A MOTOR

17 HOME OWNER?

18 A. ALMOST EVERY MOTOR HOME HAS THEM, AND EVEN IF YOU

19 HAVE LEVELING SHOCKS BUILT IN, YOU NEED THEM FOR STABILITY,

20 ESPECIALLY IN SAND.

21 Q. SO YOU WENT BACK TO GET THEM FOR MR. WESTERFIELD —

22 A. YES.

23 Q. — WHAT HAPPENED?

24 A. I TURNED BACK WHEN I GOT TO WHERE THE MOTOR HOME

25 WAS STUCK, I TURNED BACK AND HE GOT ON THE TRACK ROAD WHERE THE

26 BRIDGES ARE AND LEFT.

27 Q. DIDN’T WAIT FOR HIS LEVEL RAMPS?

28 A. NO.
4943
1 Q. WHAT DID YOU DO WITH THEM?

2 A. I JUST THREW ‘EM IN THE BACK OF MY TRUCK THINKING

3 HE WAS GONNA BE OVER AT THE GLAMIS STORE PROBABLY, JUST WANTED

4 TO GET OUT OF THE DIRT AREA, OUT OF THE SOFT STUFF, AND I WENT

5 OVER THERE AND HE WASN’T THERE, SO I TOOK ‘EM BACK TO MY PLACE.

6 Q. HE NEVER STOPPED OR ASKED FOR THESE RAMPS?

7 A. NO.

8 MR. DUSEK: THANK YOU, SIR.

9 THE COURT: ALL RIGHT. CROSS-EXAMINATION.

10

11 CROSS-EXAMINATION +

12 BY MR. FELDMAN:

13 Q. GOOD AFTERNOON, SIR.

14 A. HELLO.

15 Q. HOW DID YOU GET HERE TODAY?

16 A. MY SISTER BROUGHT ME.

17 Q. THEY DIDN’T BRING YOU IN?

18 A. THEY OFFERED.

19 Q. HOW MANY DIFFERENT TIMES WOULD YOU SAY YOU’VE

20 TALKED ABOUT THESE EVENTS BETWEEN THE TIME THEY OCCURRED AND

21 TODAY?

22 A. FOUR OR FIVE.

23 Q. WASN’T THERE A TIME WHEN THE MEDIA WENT AND PAID

24 YOU A VISIT?

25 A. LOTS OF ‘EM.

26 Q. OKAY.

27 AND WASN’T THERE A TIME WHEN YOU WERE INTERVIEWED

28 LOTS — BY LOTS OF THEM?
4944
1 A. YES.

2 Q. AND EACH TIME YOU WERE INTERVIEWED THE MEDIA WERE

3 ASKING THE SAME BASIC QUESTIONS, RIGHT?

4 A. I WAS TOLD NOT TO TALK ABOUT ANYTHING IN DETAIL.

5 Q. WHEN WERE YOU TOLD THAT?

6 A. I WAS TOLD THAT ON THE FIRST DAY I WAS CONTACTED

7 ACTUALLY.

8 Q. WHEN WAS THE FIRST DAY YOU WERE CONTACTED, IF YOU

9 RECALL, SIR?

10 A. IT WAS PROBABLY TUESDAY OR WEDNESDAY.

11 Q. WOULD THAT BE —

12 A. OF THE FOLLOWING — OF THAT WEEK.

13 Q. — THE 5TH OR THE 6TH OR THE 7TH, SOMEWHERE IN

14 THERE?

15 A. SOMEWHERE IN THERE.

16 Q. I’M SORRY, YOU SAID UH-HUH AND YOU NEED TO SAY YES

17 OR NO.

18 A. YES.

19 Q. WHEN YOU WERE AT THE SCENE PULLING OUT MR.

20 WESTERFIELD, DID YOU NOTICE WHETHER OR NOT THAT MOTOR HOME HAD

21 HYDRAULIC LEVELERS?

22 A. IT DID.

23 Q. WHAT’S THE PURPOSE OF HYDRAULIC LEVELERS, WHAT DO

24 THEY DO?

25 A. THEY LEVEL THE MOTOR HOME.

26 Q. THEY — PARDON ME?

27 A. THEY LEVEL THE MOTOR HOME.

28 Q. SO HAD THIS BEEN ON PAVEMENT OR SOMETHING HE COULD
4945
1 HAVE USED SOME AUTOMATIC DEVICES TO LEVEL THE MOTOR HOME?

2 A. YES.

3 Q. DIDN’T NEED PIECES OF WOOD OR ANYTHING ELSE TO

4 LEVEL IT?

5 A. NOT IF YOU’RE ON PAVEMENT, NO. IT’S A SOLID BASE.

6 Q. DO YOU REMEMBER HAVING A CONVERSATION WITH A

7 DEFENSE INVESTIGATOR ON THE TELEPHONE?

8 A. YES.

9 Q. DO YOU REMEMBER IF SHE IDENTIFIED HERSELF AS MARY

10 PASAS? DO YOU RECALL THAT?

11 A. YES.

12 Q. WHEN YOU TALKED TO MS. PASAS, THE EVENTS WERE

13 FRESHER IN YOUR MIND THAN THEY ARE TODAY, ISN’T THAT TRUE?

14 A. YES.

15 Q. YOU ATTEMPTED TO TELL HER THE TRUTH, THE WHOLE

16 TRUTH AND NOTHING BUT THE TRUTH, RIGHT?

17 A. YES.

18 Q. YOU GAVE HER INFORMATION AS ACCURATELY — YOU GAVE

19 HER INFORMATION AS ACCURATELY AS YOU POSSIBLY COULD, ISN’T THAT

20 TRUE, SIR?

21 A. YES.

22 Q. FIRST OF ALL, WITH REGARD TO WASH 14, PEOPLE CAMP

23 OR USE — DRIVE THEIR MOTOR HOMES OUT TO WASH 14, DON’T THEY?

24 A. SOME PEOPLE DO, YES.

25 Q. SO — AND YOU MENTIONED ON DIRECT EXAMINATION A

26 BLUE BIRD. WHAT’S A BLUE BIRD?

27 A. IT’S A TYPE OF A MOTOR HOME.

28 Q. OH, SO THE DAY OF THIS EVENT THAT YOU PULLED MR.
4946
1 WESTERFIELD OUT THERE WAS ALREADY A MOTOR HOME OUT BY WASH 14?

2 A. PARKED AT THE BRIDGE, PARKED ON THE — BY THE

3 RAILROAD TRACKS, YES.

4 Q. I THINK YOU TOLD US ON DIRECT EXAMINATION THERE

5 WERE AT LEAST TWO — I THOUGHT YOU SAID TWO OTHER PARTIES?

6 A. IT WAS TWO OTHER GROUPS OUT THERE, YES.

7 Q. WERE THEY ALSO IN MOTOR HOMES?

8 A. THE PERSON THAT WAS NEAREST TO HIM WAS NOT. HE WAS

9 IN A 4-WHEEL DRIVE TRUCK.

10 Q. HOW ABOUT THE OTHER PERSON OR PERSONS?

11 A. THE OTHER GROUP WAS PARKED NEAR THE RAILROAD

12 TRACKS.

13 Q. WAS THAT THE BLUEBIRD?

14 A. YES.

15 Q. SO THERE’S THE BLUEBIRD AND A TRUCK AND MR.

16 WESTERFIELD’S R. V., IS THAT RIGHT?

17 A. YES. THE LARGE GROUP WAS NEAR THE RAILROAD TRACKS.

18 THE OTHER PERSON ON THE OTHER SIDE OF HIM WAS IN A 4-WHEEL DRIVE

19 VEHICLE.

20 Q. AND I’M SORRY, WHAT’S YOUR ESTIMATE OF THE DISTANCE

21 BETWEEN THE BLUEBIRD AND MR. WESTERFIELD’S VEHICLE?

22 A. SEVERAL HUNDRED YARDS.

23 Q. AT NIGHT DO PEOPLE TEND TO PARTY AT GLAMIS?

24 A. YES.

25 Q. GET A LITTLE NOISY?

26 A. YES.

27 Q. SO THE PEOPLE THAT GO OUT IN THEIR R. V.S, THEY

28 TEND TO DISTANCE THEMSELVES TO HAVE SOME PRIVACY, ISN’T THAT
4947
1 RIGHT?

2 A. YES.

3 Q. THERE’S NOTHING UNUSUAL ABOUT THAT, IS THERE?

4 A. NO.

5 Q. IS IT TRUE THAT THE CLOSEST GROUP OF CAMPERS TO MR.

6 WESTERFIELD WERE ABOUT ONE HUNDRED YARDS AWAY?

7 A. YES.

8 Q. WHEN YOU TALKED WITH MR. WESTERFIELD, HE, MR.

9 WESTERFIELD, TOLD YOU THAT HE WAS STUCK, IS THAT RIGHT?

10 A. YES.

11 Q. AND WHEN YOU CONTACTED MR. WESTERFIELD, IT WAS YOUR

12 BELIEF THAT MR. WESTERFIELD REACTED MUCH THE WAY PEOPLE DO WHEN

13 YOU SHOW UP. IN OTHER WORDS, HIS BEHAVIOR WAS NO DIFFERENT THAN

14 MOST PEOPLE WHO YOU SHOW UP TO PULL OUT, RIGHT?

15 A. IT WAS A LITTLE DIFFERENT.

16 Q. WELL, ISN’T IT TRUE YOU TOLD MARY PASAS MR.

17 WESTERFIELD REACTED MUCH THE WAY MOST PEOPLE DO WHEN HE SHOWS UP

18 IN YOUR SMALL SIX CYLINDER TRUCK TO PULL THEM OUT. YOU MADE

19 THAT STATEMENT, DIDN’T YOU?

20 A. YES. IN A SENSE, THEY DON’T THINK I CAN DO IT.

21 Q. IN OTHER WORDS, THE PEOPLE THAT YOU SHOW UP TO PULL

22 OUT USUALLY DON’T LOOK HAPPY, RIGHT?

23 A. RIGHT.

24 Q. THEY’RE STUCK. AND THEY DON’T THINK YOU CAN PULL

25 ‘EM OUT, RIGHT?

26 A. RIGHT.

27 Q. AND YOUR EXPERIENCE HAS COME TO BE THAT, IN FACT,

28 YOU CAN GET THEM OUT?
4948
1 A. YES.

2 Q. WHEN YOU SAW MR. WESTERFIELD HE WAS JUST LIKE

3 EVERYONE ELSE, ISN’T THAT TRUE?

4 MR. DUSEK: OBJECTION, CALLS FOR SPECULATION.

5 THE COURT: SUSTAINED, VAGUE.

6 MR. FELDMAN: EXCUSE ME, YOUR HONOR.

7 Q. YOU MADE THE STATEMENT TO MS. PASAS, QUOTE, “MR.

8 WESTERFIELD WAS JUST LIKE EVERYONE ELSE,” IS THAT RIGHT.

9 MR. DUSEK: SAME OBJECTION, YOUR HONOR.

10 THE COURT: WHAT DID YOU MEAN BY THAT IF YOU SAID IT?

11 THE WITNESS: DON’T REMEMBER SAYING THAT.

12 THE COURT: ALL RIGHT.

13

14 BY MR. FELDMAN:

15 Q. IS THE THE CASE THAT MR. WESTERFIELD DID NOT SEEM

16 NERVOUS, JUST KIND OF PUT OUT?

17 A. MORE PUT OUT THAN NERVOUS, YES.

18 Q. AND ACCORDING TO YOU, MR. WESTERFIELD DID NOT SEEM

19 REALLY UPSET, ISN’T THAT TRUE?

20 A. YES.

21 Q. MR. WESTERFIELD WILLINGLY HELPED YOU DO YOUR WORK,

22 ISN’T THAT TRUE?

23 A. YES.

24 Q. HE OFFERED YOU SOMETHING COLD TO DRINK, ISN’T THAT

25 RIGHT?

26 A. YES.

27 Q. HE EXPLAINED — YOU TOLD MR. WESTERFIELD THAT IT

28 WAS NECESSARY FOR HE, MR. WESTERFIELD, TO GET INTO THE MOTOR
4949
1 HOME, RIGHT?

2 A. YES.

3 Q. AND THE REASON WAS BECAUSE IT WAS TIME APPARENTLY

4 AT SOME POINT FOR MR. WESTERFIELD TO WORK HYDRAULIC JACKS TO

5 LEVEL THE MOTOR HOME AS YOU WERE DOING YOUR WORK, ISN’T THAT

6 RIGHT, SIR?

7 A. YES.

8 Q. THEREFORE, IT’S THE CASE, ISN’T IT, THAT WHILE YOU

9 WERE THERE MR. WESTERFIELD WAS IN AND OUT AND IN AND OUT AND IN

10 AND OUT OF THE MOTOR HOME?

11 A. HE GOT IN AND OUT TWO, MAYBE THREE TIMES TOTAL.

12 Q. MR. WESTERFIELD ALSO OFFERED TO HELP YOU DIG BUT

13 YOU MADE THE STATEMENT TO HIM THAT’S WHAT HE WAS PAYING YOU TO

14 DO, ISN’T THAT RIGHT?

15 A. YES.

16 Q. AFTER YOU PULLED MR. WESTERFIELD FREE, IT’S THE

17 CASE, ISN’T IT, THAT MR. WESTERFIELD OFFERED TO GO BACK WITH YOU

18 TO HELP PICK UP THE WOOD THAT HAD BEEN USED UNDER THE TIRES?

19 A. NO.

20 Q. ISN’T IT TRUE YOU MADE THE STATEMENT TO MARIAN

21 PASAS THAT AFTER YOU HAD PULLED MR. WESTERFIELD FREE, MR.

22 WESTERFIELD OFFERED TO GO BACK WITH YOU TO HELP YOU PICK UP THE

23 WOOD THAT YOU HAD USED UNDER THE TIRES?

24 A. NO.

25 A. I OFFERED TO GET THE WOOD, ESPECIALLY TO BRING HIS

26 PART OF IT BACK TO HIM AND GET MY PART FOR ME, OF THE WOOD.

27 Q. IN OTHER WORDS, YOU TOLD MR. WESTERFIELD THAT THERE

28 WOULD BE NO NEED FOR HIM TO GO GET THE WOOD?
4950
1 A. THAT I WOULD GET IT AND MEET HIM OVER ON THE ROAD

2 SO THAT HE COULD HAVE HIS RAMPS AND I COULD HAVE MY PLANKS.

3 Q. ALL RIGHT.

4 AND I THINK YOU TOLD MR. DUSEK SOMETHING ABOUT MR.

5 WESTERFIELD LEFT SOME THINGS BEHIND. THEY WERE WOODEN BLOCKS

6 THAT WERE SIMPLE AND HOMEMADE, ISN’T THAT TRUE?

7 A. THERE WAS FIREWOOD AND THE LEVELING RAMPS.

8 Q. THOSE LEVELING RAMPS YOU REFERRED TO, WERE THEY

9 HOMEMADE?

10 A. THEY COULD HAVE BEEN, YES.

11 Q. DO YOU REMEMBER WHETHER THEY WERE BURNT?

12 A. THEY WERE NOT.

13 Q. IT’S CORRECT, IS IT NOT, THAT IN YOUR VIEW MR.

14 WESTERFIELD DID NOT SEEM IMPATIENT? HE WASN’T IN A HURRY, ISN’T

15 THAT TRUE?

16 A. I — HE SEEMED TO BE IN A HURRY TO ME.

17 Q. ISN’T IT TRUE YOU TOLD MS. PASAS THAT YOU DID NOT

18 THINK MR. WESTERFIELD SEEMED IMPATIENT TO LEAVE?

19 A. HE SEEMED TO BE IN A HURRY.

20 Q. MY QUESTION WAS WHETHER YOU MADE THE STATEMENT TO

21 MS. PASAS THAT MR. WESTERFIELD DID NOT SEEM TO BE IMPATIENT.

22 A. I DON’T RECALL SAYING THAT IN THOSE EXACT WORDS,

23 NO.

24 Q. YOU HAD A DOG WITH YOU, DIDN’T YOU?

25 A. YES.

26 Q. IT WAS AN AUSTRALIAN LAB TYPE DOG, WASN’T IT?

27 A. YES.

28 Q. IS THAT A BIG DOG OR A LITTLE DOG?
4951
1 A. ABOUT A MEDIUM SIZE DOG.

2 Q. THE DOG WAS AROUND. IN FACT, YOU ASKED MR.

3 WESTERFIELD WHETHER HE HAD ANY PETS, ISN’T THAT RIGHT?

4 A. WHEN I FIRST PULLED UP I ALWAYS ASK SO I DON’T LET

5 HIM OUT AND THERE’S A DOG FIGHT.

6 Q. RIGHT. SO YOU WERE JUST BEING CAREFUL SO THE DOG,

7 WHILE YOU WERE DOING YOUR WORK, YOUR DOG WAS OUT, RIGHT?

8 A. YES, RUNNING AROUND.

9 Q. WHILE MR. WESTERFIELD WAS GOING IN AND OUT YOUR DOG

10 WAS RUNNING AROUND?

11 A. YES.

12 Q. BEING A DOG, RIGHT?

13 A. YES.

14 Q. IT’S ALSO THE CASE — NOW, YOU TOLD MR. DUSEK I

15 THINK YOU BELIEVED OR YOU THOUGHT YOU HEARD MR. WESTERFIELD SAY

16 SOMETHING?

17 A. YES.

18 Q. YOU DON’T HAVE A SPECIFIC RECOLLECTION OF ANYTHING

19 SAID, DO YOU?

20 A. NOT AT ALL.

21 Q. YOU DON’T EVEN — YOU’RE NOT EVEN CERTAIN HE WAS

22 TALKING, ARE YOU?

23 A. NO.

24 Q. EXCUSE ME.

25 (PAUSE)

26 Q. IN YOUR EXPERIENCE, PART OF YOUR JOB IS TO PULL

27 FOLKS THAT, I DON’T KNOW, GET CARRIED AWAY OR JUST AREN’T

28 EXPERIENCED OR WHATEVER OUT OF THE SAND, IS THAT RIGHT, SIR?
4952
1 A. YES.

2 Q. OUT IN YOUR NECK OF THE WOODS IT GETS PRETTY DARK

3 AT NIGHT, DOESN’T IT?

4 A. VERY.

5 Q. THERE IS NO OVERHEAD LIGHTS IN THESE WASHES, IS

6 THERE — OR ARE THERE?

7 A. NONE.

8 Q. AND MANY TIMES PEOPLE, EVEN EXPERIENCED DRIVERS,

9 FIND THEMSELVES STUCK AND YOU HAVE TO COME GET THEM OUT; IS THAT

10 RIGHT?

11 A. YES, YES.

12 MR. FELDMAN: NO FURTHER QUESTIONS.

13 THE COURT: ANYTHING FURTHER?

14

15 REDIRECT EXAMINATION +

16 BY MR. DUSEK:

17 Q. IS IT UNUSUAL FOR HIM TO BE WHERE HE WAS STUCK IN

18 THAT MOTOR HOME?

19 A. IF YOU’VE EVER BEEN OUT THERE BEFORE, YES.

20 Q. WHY?

21 A. IT’S SO FAR BACK IN THERE, AND IT’S SO SOFT TO GET

22 THAT FAR IN THERE, YOU USUALLY DON’T DO IT UNLESS YOU DON’T KNOW

23 WHERE YOU’RE GOING.

24 Q. WERE THERE OTHER LOCATIONS OUT THERE WHERE YOU

25 COULD BE AWAY FROM A NOISY CROWD BUT STILL BE ON A HARD PEN?

26 A. IT WAS A LIGHT WEEKEND FOR A CROWD, YES.

27 Q. YOU INDICATED THAT YOU THOUGHT MR. WESTERFIELD WAS

28 IN A HURRY?
4953
1 A. HE SEEMED TO BE IN A HURRY, YES.

2 Q. WHY DO YOU SAY THAT?

3 A. HE — HE KEPT ASKING ME TO REASSURE HIM THAT I

4 COULD GET HIM OUT IN CASE WE NEEDED BACKUP.

5 Q. AND EVEN AFTER YOU GOT HIM OUT, DID HE HANG AROUNG

6 AND WAIT FOR HIS LEVELERS?

7 A. NO.

8 Q. HOW QUICK HE DID HE LEAVE?

9 A. I EXPECTED HIM TO BE SITTING OVER BY THE BRIDGE BY

10 THE RIVER —

11 MR. FELDMAN: NONRESPONSIVE, OBJECTION.

12 THE COURT: JUST LISTEN TO THE QUESTION. SUSTAINED.

13 RE-ASK IT.

14

15 BY MR. DUSEK:

16 Q. HOW QUICKLY DID HE TAKE OFF ONCE YOU UNHOOKED?

17 A. IMMEDIATELY.

18 Q. DID HE EVER COME BACK OR CALL BACK ABOUT THE

19 LEVELERS?

20 A. NO.

21 Q. THE LEVELERS, WHEN THEY’RE ACTIVATED, DO THEY MAKE

22 ANY NOISE?

23 A. THESE ARE JUST THE PORTABLE ONES THAT YOU PUT

24 UNDERNEATH.

25 Q. THE HYDRAULIC ONES?

26 A. THE HYDRAULIC ONES? THEY MAKE NOISE, YES.

27 Q. ALL RIGHT.

28 WHAT DO YOU DO OUT IN GLAMIS?
4954
1 A. YOU RIDE A. T. V.S AND — IN THE SAND DUNES AND

2 DUNE BUGGIES OUT IN THE SAND DUNES. IT’S PURE SAND.

3 Q. DID YOU SEE ANY SUCH THING WITH MR. WESTERFIELD AND

4 HIS MOTOR HOME?

5 A. NO.

6 Q. YOU INDICATED SOMEBODY TOLD YOU NOT TO SAY ANYTHING

7 WHEN YOU WERE BEING INTERVIEWED, IS THAT RIGHT?

8 A. YES.

9 Q. WHO WAS THAT?

10 A. IT WAS THE OFFICERS THAT FIRST CAME TO MY GATE TO

11 TALK TO ME ABOUT THIS, ASKED ME IF I HEARD ANYTHING ABOUT IT.

12 Q. DID THEY TELL YOU WHY NOT TO SPEAK TO THE PRESS?

13 A. HE JUST TOLD ME IT WOULD BE BEST IF I DIDN’T,

14 THAT — I DIDN’T EVEN KNOW WHAT WAS GOING ON AT THE TIME. THEY

15 JUST TOLD ME NOT TO DISCUSS ANYTHING WITH ANYONE.

16 Q. DID WE PROVIDE YOU WITH THE REPORT OF THE INTERVIEW

17 IN THIS CASE TODAY?

18 A. YES.

19 Q. NOW YOU WERE INTERVIEWED BY SOMEONE ELSE BESIDES

20 THE LAW ENFORCEMENT?

21 A. NO.

22 Q. HOW ABOUT A DEFENSE INVESTIGATOR?

23 A. THEY CALLED ME ON THE PHONE BUT I — I DIDN’T WANT

24 TO DISCUSS ANYTHING WITH THEM.

25 Q. DO YOU REMEMBER THE NAME OF THE INDIVIDUAL?

26 A. MARIAN.

27 Q. DID — WHAT DID YOU TELL HER?

28 A. I TOLD HER THAT IF SHE WANTED TO TALK TO ME SHE WAS
4955
1 GONNA HAVE TO GET THE MONEY FROM HIM THAT HE OWED ME THAT HE

2 DIDN’T PAY ME BEFORE I WAS GOING TO DISCUSS ANYTHING WITH HER.

3 I SAID THEY’RE GETTING PAID AND I DIDN’T GET PAID, SO PAY ME AND

4 I’LL TALK TO YOU.

5 Q. HOW LONG — DID YOU GO BACK AND FORTH ON THAT?

6 A. YES, WE DID. SHE KEPT ASKING ME QUESTIONS. I KEPT

7 ASKING HER THE SAME QUESTION, ARE YOU SENDING THE MONEY TO ME?

8 Q. WAS THERE ANY DISCUSSION AT ALL ABOUT MAKING

9 SOMEONE LOOKING GUILTY?

10 A. YES.

11 Q. HOW DID THAT COME UP?

12 A. SHE WANTED TO KNOW WHY I MADE IT SOUND LIKE HE WAS

13 GUILTY OR NERVOUS TO THE MEDIA.

14 Q. SHE CHALLENGES — APPEARED TO BE CHALLENGING YOUR

15 VERSION OF THE EVENTS?

16 A. YES.

17 Q. WAS THIS IN PERSON?

18 A. THIS WAS ON THE TELEPHONE.

19 Q. DID YOU EVER SEE WHAT SHE WROTE DOWN REGARDING YOUR

20 INTERVIEWS WITH HER?

21 A. NO.

22 Q. YOU TALKED ABOUT HEARING WHAT SOUNDED LIKE VOICES

23 THAT DAY?

24 A. YES.

25 Q. SOMEONE SPEAKING?

26 A. YES.

27 Q. WHAT MADE YOU THINK YOU WERE HEARING SOMEONE

28 SPEAKING?
4956
1 A. I JUST THOUGHT I HEARD A COUPLE OF WORDS, AND OVER

2 THE ENGINE NOISE, WHICH IS NEAR WHERE I WAS, I HAD TO GET AWAY

3 FROM THAT TO GO OVER AND CLARIFY AND ASK IF HE WAS TALKING TO

4 ME.

5 Q. YOU THOUGHT ENOUGH OF WHAT YOU HEARD TO GO ASK HIM

6 IF HE WAS TALKING?

7 A. YES.

8 Q. AND HE SAID WHAT?

9 A. I DON’T REMEMBER THE EXACT WORDS, BUT IT WAS I

10 WASN’T TALKING TO YOU, OR I DIDN’T SAY ANYTHING TYPE RESPONSE.

11 SO I WENT BACK TO WHAT I WAS DOING THINKING I OBVIOUSLY DIDN’T

12 HEAR — IT WASN’T HIM OR HE WASN’T TALKING TO ME.

13 MR. DUSEK: THANK YOU, SIR.

14 THE COURT: ANYTHING FURTHER?

15

16 RECROSS-EXAMINATION +

17 BY MR. FELDMAN:

18 Q. YOU DIDN’T SEE ANYTHING THAT MADE YOU THINK ANYBODY

19 ELSE WAS IN THE MOTOR HOME, DID YOU?

20 A. NO.

21 Q. AND TO THIS DAY YOU STILL DON’T KNOW WHETHER OR NOT

22 YOU HEARD MR. WESTERFIELD SAY ANYTHING?

23 A. NO.

24 Q. NO, MEANING YOU AGREE WITH ME?

25 A. YES.

26 MR. FELDMAN: NO FURTHER. THANK YOU.

27 THE COURT: ANYTHING FURTHER?

28 MR. DUSEK: NO.
4957
1 THE COURT: ALL RIGHT. IS THIS WITNESS TO BE EXCUSED?

2 MR. DUSEK: PLEASE.

3 MR. FELDMAN: NO —

4 THE COURT: THANK YOU VERY MUCH, SIR.

5 MR. FELDMAN: NO OBJECTION.

6 THE COURT: THANK YOU VERY MUCH FOR COMING IN. YOU’RE

7 FREE TO LEAVE THESE PROCEEDINGS. REMEMBER THAT ADMONITION NOT

8 TO DISCUSS YOUR TESTIMONY UNTIL THE MATTER’S OVER, OKAY. THANK

9 YOU.

10 OKAY, LADIES AND GENTLEMEN, IT APPEARS WE’VE

11 REACHED THE END OF THE WITNESSES FOR THE DAY. I WANT TO GIVE

12 YOU A HEADS UP ON SCHEDULING FOR MONDAY. ONE OF YOU IS THE

13 PROUD PARENT OF A HIGH SCHOOL GRADUATE OR TWO, AND CITY SCHOOLS

14 ARE HAVING THEIR GRADUATIONS ON MONDAY AFTERNOON. SO, IN ORDER

15 FOR THAT PARENT TO GET TO THE GRADUATION, WE ARE GOING TO BREAK

16 EARLY. SO WE’LL BE GETTING OFF AT 4 O’CLOCK ON MONDAY.

17 ALL RIGHT. PLEASE REMEMBER THE ADMONITION OF THE

18 COURT NOT TO DISCUSS ANY OF THE EVIDENCE OR TESTIMONY AMONG

19 YOURSELVES OR WITH ANY OTHER PERSONS, NOR FORM AN OPINION OR

20 EXPRESS AN OPINION ON THE MATTER UNTIL IT’S SUBMITTED TO YOU.

21 REMEMBER, WE’RE NOT IN SESSION ON THIS MATTER WITH

22 YOU FOLKS TOMORROW, SO WE’LL SEE YOU ON — LET’S SEE — WE’LL BE

23 ABLE TO START RIGHT AT 9 O’CLOCK ON MONDAY MORNING. SO HAVE A

24 SAFE AND A PLEASANT WEEKEND. A LOT OF GOOD BASEBALL TEAMS

25 COMING TO TOWN, SO ENJOY YOURSELVES. WE’LL SEE YOU MONDAY

26 MORNING.

27 (AT 4:20 P.M. THE JURY WAS EXCUSED
AND THE FOLLOWING PROCEEDINGS WERE HAD:)
28
4958
1 THE COURT: THE RECORD SHOULD REFLECT THE JURORS AND

2 ALTERNATES HAVE LEFT THE COURTROOM. COUNSEL, I’VE RECEIVED A

3 NUMBER OF MOTIONS UNDER SEAL, AND THERE ARE SOME OTHER ISSUE

4 THAT YOU NEED TO DISCUSS —

5 MR. FELDMAN: YES.

6 THE COURT: — IN PRIVATE. SO WHAT TIME TOMORROW WOULD

7 YOU LIKE TO GATHER TOGETHER?

8 MR. FELDMAN: YOUR HONOR, MY ISSUE IS, WHAT I WISH TO

9 RAISE TO THE COURT, THE PROSECUTION NEEDS TO BE PRESENT ON. THE

10 MATERIALS THAT I SUBMITTED TO THE COURT ARE ROUTINELY SUBMITTED.

11 THE COURT: OH, JUST — ALL RIGHT. YOU DON’T WANT TO BE

12 HEARD ON THOSE? ONE APPEARED TO BE A KELLY TYPE ISSUE.

13 MR. FELDMAN: THAT’S A MOTION. I’M SORRY, THIS AFTERNOON

14 WE FILED THREE DOCUMENTS, TWO OF WHICH I INTENDED TO BE

15 CONFIDENTIAL. ONE IS A MOTION, YES. I WASN’T — I DIDN’T KNOW

16 THAT YOUR HONOR WAS ADDRESSING THAT. BUT THERE WAS YET ANOTHER

17 ISSUE THAT I HAD MENTIONED I WANTED TO RAISE THAT I THOUGHT YOU

18 WERE PERMITTING US TO ADDRESS.

19 THE COURT: YOU WANT TO DO IT NOW OR DO YOU WANT TO MEET

20 TOMORROW?

21 MR. DUSEK: I PREFER NOW. WE HAVE APPOINTMENTS THEN

22 TOMORROW.

23 THE COURT: AT THIS TIME THEN WE’LL BE IN RECESS ON THE

24 MATTER AS FAR AS THE MEDIA AND THE PUBLIC ARE CONCERNED. WE’LL

25 CLOSE THE COURTROOM. FOLKS, ALL HAVE A GOOD WEEKEND.

26 (SEALED PROCEEDINGS FOLLOW THIS DATE, PAGES 4961 THROUGH

27 4967, BOUND IN SEPARATE VOLUME 17-C. UNSEALED

28 PROCEEDINGS CONTINUE ON PAGE 4968. NOTHING OMITTED.)

28 - Day 8- June 17th 2002 - Transcript criminal trial David Westerfield
26 - Day 7- June 13th 2002 - Transcript criminal trial David Westerfield