DAY 8 – SAN DIEGO, CALIFORNIA, MONDAY, JUNE 17, 2002, 9:03 A.M. (morning 1)
WITNESSES:
Joseph Nicholas Koemptgen (testified about Glamis campground),
Ryan Strathearn (testified about Glamis campground, tried to pull out Westerfield’s RV)
–O0O–
THE COURT: GOOD MORNING, LADIES AND GENTLEMEN, AND WELCOME BACK. I HOPE YOU ALL GOT A LOT OF REST AND RELAXATION THIS WEEKEND, GETTING YOU READY FOR A FULL WEEK OF TESTIMONY.
OBVIOUSLY THE PADRES STARTED OFF THE HOME STAND REAL WELL. AND THE AMERICAN TEAM IS STILL IN THE WORLD CUP. WHO WOULD HAVE EVER THOUGHT OF THAT.
ALL RIGHT. MR. DUSEK, YOUR NEXT WITNESS, PLEASE.
MR. DUSEK: JOSEPH KOEMPTGEN.
JOSEPH NICHOLAS KOEMPTGEN,
CALLED AS A WITNESS BY THE PLAINTIFF, HAVING BEEN DULY SWORN, TESTIFIED AS FOLLOWS;
THE CLERK: SIR, WOULD YOU PLEASE STATE YOUR NAME AND SPELL IT FOR THE RECORD.
THE WITNESS: JOSEPH NICHOLAS KOEMPTGEN. LAST NAME SPELLING IS K-O-E-M-P-T-G-E-N.
DIRECT EXAMINATION
BY MR. DUSEK:
Q: SIR, HOW ARE YOU EMPLOYED?
A: I WORK FOR BOSWELL MEMORIAL HOSPITAL IN SUN CITY, ARIZONA.
Q: DO YOU LIVE OVER IN ARIZONA?
A: YES.
Q: I WOULD LIKE TO DIRECT YOUR ATTENTION BACK TO FEBRUARY 1ST OF THE YEAR 2002. DID YOU GO ON A LITTLE TRIP THAT WEEKEND?
A: YES, I DID.
Q: WHERE DID YOU GO?
A: TO GLAMIS IN CALIFORNIA.
Q: HOW FAR IS THAT FROM YOUR PLACE IN ARIZONA?
A: IT’S THREE-AND-A-HALF-HOUR DRIVE. MILEAGEWISE ABOUT TWO HUNDRED MILES.
Q: AND WHAT DO YOU GO TO GLAMIS FOR?
A: TO RIDE OFF-ROAD VEHICLES IN THE SAND DUNES.
Q: DESCRIBE GLAMIS FOR US, WHAT IT’S LIKE.
A: WELL, THERE’S REALLY NOT MUCH THERE, USUALLY ON THE WEEKEND THERE’S A LOT OF PEOPLE THERE TO GO RIDE, BUT SAND DUNES. AND THEN OUTSIDE OF THE SAND DUNES IT’S FLAT AND JUST DIRT. SOME BRUSH AND TREES.
Q: DO YOU TAKE SOME EQUIPMENT WITH YOU WHEN YOU GO TO GLAMIS?
A: YOU MEAN LIKE CAMPING EQUIPMENT?
Q: YES.
A: YES. WE TAKE CAMPERS, A.T.V.’S.
Q: ON THIS WEEKEND IN FEBRUARY HOW MANY IN YOUR GROUP WENT?
A: THERE WERE I BELIEVE NINE. NINE OF US.
Q: HOW MANY SEPARATE FAMILIES?
A: FIVE.
Q: WHAT WAS YOUR RIG?
A: I HAVE A FORD F-150 PICKUP WITH A TWELVE-FOOT ENCLOSED TRAILER.
Q: AND YOUR IMMEDIATE FAMILY WENT. WHO WERE THEY?
A: NO. I WAS THE ONLY ONE IN MY FAMILY.
Q: ALL RIGHT.
WHAT DAY DID YOU GET OVER THERE?
A: FRIDAY, THE 1ST. FEBRUARY 1ST. ABOUT — ABOUT 9:30. THAT WOULD BE 8:30 CALIFORNIA TIME.
Q: IN THE MORNING OR EVENING?
A: EVENING.
Q: WHERE DID YOU SET UP?
A: WASH FOURTEEN.
Q: DESCRIBE THE WASH NUMBERING SYSTEM FOR US.
A: THE ROAD THAT YOU TAKE IN FROM THE HIGHWAY PARALLELS RAILROAD TRACKS. AND UNDERNEATH THE RAILROAD TRACKS THERE ARE CULVERTS, WASHES, FOR THE WATER TO FLOW. AND PEOPLE HAVE NUMBERED THEM. SO WE — THEY ARE NUMBERED ONE THROUGH ABOUT THIRTY-SOME.
Q: LET ME SHOW YOU WHAT’S BEEN PREVIOUSLY MARKED AS COURT’S EXHIBIT 68. THIS PHOTO DISPLAY BOARD LABELED AT THE TOP “GLAMIS, CALIFORNIA.” DO YOU RECOGNIZE WHAT WE HAVE DEPICTED THERE, SIR?
A: YES.
Q: WHAT IS THAT?
A: PICTURE A IS THE STORE THAT’S UP AT THE HIGHWAY NEAR THE RAILROAD TRACKS.
B LOOKS LIKE SAND DUNES WITH THE HIGHWAY GOING THROUGH.
C IS WASH FOURTEEN.
Q: CAN YOU SEE THE FOURTEEN MARKED SOMEWHERE?
A: YES.
Q: ON WHAT?
A: IN BOTH C AND D IT’S PAINTED. DO YOU WANT ME TO POINT TO IT?
Q: IF YOU WOULD.
A: RIGHT THERE.
Q: ALL RIGHT. THAT’S INDICATING ON PHOTOGRAPH C AND D THERE APPEARS TO BE A CEMENT CULVERT RUNNING UNDERNEATH THE
RAILROAD TRACKS.
A: YES.
Q: AND IT’S ALSO IN PHOTOGRAPH E ALSO, IS THAT CORRECT?
A: YES.
Q: ARE THEY PAINTED THERE LIKE COWS?
A: THAT ONE IS, YEAH. PEOPLE HAVE PAINTED THE DIFFERENT WASHES FOR WHATEVER REASONS.
Q: ALL RIGHT.
DESCRIBE THE AREA WHERE YOU SET UP YOUR CAMP.
A: THE AREA IS ABOUT, WELL, IT’S APPROXIMATELY ONE HUNDRED YARDS OFF OF THE DIRT ROAD FROM THE RAILROAD TRACKS. IT’S FLAT. IT’S NOT SAND; IT’S JUST A DIRT, SOFT DIRT, WITH SMALL PLANTS.
Q: AFTER YOU SET UP FRIDAY NIGHT, ANYTHING HAPPEN FRIDAY NIGHT?
A: NO. I JUST WAITED FOR THE OTHERS TO COME ROLLING IN.
Q: DID YOU KNOW WHICH WASH YOU WERE GOING TO GO TO WHEN YOU LEFT HOME?
A: ACTUALLY WE HAD AGREED ON WASH SIXTEEN. AND WHEN I GOT UP THERE FRIDAY EVENING BECAUSE THERE WERE SO FEW PEOPLE OUT THERE, I CHOSE WASH FOURTEEN BECAUSE IT WAS JUST A LITTLE SHORTER DRIVE, A LITTLE EASIER TO GET TO, AND THERE WERE NO OTHER PEOPLE CAMPED IN THAT AREA AT THE TIME.
Q: SO THERE WAS SOME PLANNING BEFORE YOU WENT WITH YOUR GROUP AS TO WHICH WASH YOU INTENDED TO GO TO?
A: YES.
Q: AND WHEN YOU CHANGED PLANS AFTER YOU GOT THERE, HOW DID YOU LET THEM KNOW?
A: I CALLED MY FRIEND KEN ON CELL. PHONE.
Q: YOU HAD A CELL. PHONE WITH YOU?
A: NO, I DON’T.
Q: THEN.
A: OH, YES. THEN. I’M SORRY.
Q: IT WORKED OUT THERE?
A: YES, IT DOES.
Q: WHEN YOU GOT UP SATURDAY MORNING, DID YOU NOTICE ANYTHING WAS GOING ON?
A: NO.
Q: WHAT DID YOU GUYS DO SATURDAY?
A: WE PRETTY MUCH RODE ALL DAY. AND WHEN WE’RE NOT RIDING, WE JUST SIT AROUND AND RELAX.
Q: WHEN YOU RIDE, WHAT ARE YOU RIDING?
A: A.T.V.’S. ONE GUY HAS A MOTORCYCLE THAT HE RIDES, BUT PRETTY MUCH ALL A.T.V.’S.
Q: JUST RIDE OFF THROUGH THE SAND?
A: YES.
Q: WHAT’S THERE TO DO OUT THERE IF YOU DON’T HAVE YOUR DESERT VEHICLES?
A: DON’T KNOW. I DON’T KNOW WHY ANYONE WOULD GO THERE WITHOUT. . .
Q: SATURDAY NIGHT WERE THERE ANY ACTIVITIES AROUND YOUR CAMPSITE?
A: NO.
Q: ANY MUSIC, PARTIES, NOISE?
A: NO. NONE.
Q: WHAT WAS GOING ON?
A: REALLY NOTHING. IT WAS, LIKE I SAID, A VERY QUIET WEEKEND. THERE WAS ONE OTHER CAMPSITE APPROXIMATELY TWO HUNDRED YARDS AWAY, BUT YOU COULD NOT HEAR THEM. IT WAS A SMALL CAMPSITE.
Q: THEY WERE ALSO AT WASH FOURTEEN?
A: YES.
Q: ANY IDEA WHAT TIME YOU WENT TO BED? BALLPARK.
A: SATURDAY NIGHT I WENT TO SLEEP APPROXIMATELY AT 11:00 P.M., AND THAT WOULD BE CALIFORNIA TIME.
Q: WERE YOU AWARE OF ANY LATE ARRIVALS AT WASH FOURTEEN EITHER AS YOU WERE GOING TO BED OR AFTER YOU WENT TO BED?
A: NO, I WAS NOT.
Q: HOW WELL DOES NOISE TRAVEL OUT THERE?
A: ON THAT WEEKEND IT WAS VERY QUIET, SO YOU WOULD HAVE HEARD, IF YOU WERE AWAKE, YOU WOULD HAVE HEARD ANYONE DRIVING IN.
Q: THE NEXT MORNING ABOUT WHAT TIME DID YOU GET UP, SIR?
A: I GOT UP AND OUT OF MY TRAILER SHORTLY AFTER SUNRISE.
Q: WHICH IS?
A: I’M GUESSING. I WOULD SAY ABOUT 6:30 IN THE MORNING.
Q: DO YOU KNOW WHAT THE WEATHER WAS LIKE?
A: IT WAS CLEAR BUT VERY COLD.
Q: HOW COLD?
A: THE THERMOMETER INSIDE MY TRAILER READ 28.9 DEGREES FAHRENHEIT.
Q: WHAT HAPPENED WHEN YOU GOT UP, SIR?
A: I GOT OUT OF MY TRAILER TO LET THE SUN WARM ME UP. AND I WALKED AROUND MY TRAILER A COUPLE OF TIMES, AND I DID NOTICE THEN THAT SOMEONE HAD CAME IN DURING THE NIGHT WITH A MOTOR HOME, AND IT APPEARED TO ME THAT IT WAS STUCK.
Q: THE MOTOR HOME THAT YOU NOTICED ON SUNDAY MORNING, HAD YOU SEEN THAT THE NIGHT BEFORE?
A: NO.
Q: HAD YOU HEARD THAT MOTOR HOME ARRIVE THE NIGHT BEFORE?
A: NO, I DID NOT.
Q: COULD YOU TELL BY ANY MEANS AS TO HOW CLOSE THAT MOTOR HOME CAME TO YOUR LOCATION?
A: YES. I DID SEE THE TRACKS WHERE IT CAME IN FROM THE ROAD.
Q: AND WHAT DID YOU NOTICE?
A: HE CAME FAIRLY CLOSE TO OUR CAMPSITE.
Q: WHICH MEANS WHAT?
A: WELL, IT MEANS THAT HE DID NOT COME IN WHILE WE WERE AWAKE.
Q: THE CLOSEST DISTANCE FROM YOUR CAMPSITE TO THE TRACKS, HOW CLOSE WOULD THAT BE?
A: ABOUT FIFTY YARDS.
Q: AND DID YOU SEE WHERE HE WAS PARKED?
A: YES.
Q: WHERE?
A: APPROXIMATELY A HUNDRED AND FIFTY YARDS FURTHER IN TOWARDS THE SAND DUNES THAN WE WERE.
Q: DESCRIBE THE CONDITION OF THE MOTOR HOME WHEN YOU FIRST SAW IT THAT MORNING.
A: THE BACK END OF IT LOOKED LIKE IT WAS ALL THE WAY DOWN INTO THE SAND, SO IT WAS OBVIOUSLY STUCK.
Q: CAN YOU DESCRIBE THAT MOTOR HOME?
A: I DID NOT TAKE A REAL CLOSE LOOK AT THE MOTOR HOME. I KNEW IT WAS A LARGER MOTOR HOME. THAT’S ABOUT ALL I CAN TELL YOU.
Q: LET ME ASK YOU TO LOOK AT THIS PHOTO DISPLAY BOARD LABELED 49 AND DIRECT YOUR ATTENTION TO THE MOTOR HOME THAT’S DEPICTED IN THESE PHOTOGRAPHS. ARE YOU ABLE TO RECOGNIZE THAT OR NOT?
A: I DO RECOGNIZE THE WAVES ON THE SIDE.
Q: THE WAVES ON THE SIDE APPEAR TO BE ON PHOTOGRAPH C ON EXHIBIT 49.
A: YEAH. AND THE LOWER PORTION BEING A DARKER COLOR THAN THE UPPER PORTION.
Q: ALL RIGHT.
DID YOU SEE ANYONE AROUND OR OUTSIDE THIS MOTOR HOME?
A: NO, I DID NOT.
Q: HOW LONG WERE YOU WATCHING IT?
A: I LOOKED OVER TOWARDS IT I THINK FOUR TIMES.
Q: OVER WHAT PERIOD OF TIME, SIR?
A: ABOUT TWENTY MINUTES.
Q: WHAT WAS THE NEXT THING THAT YOU NOTICED REGARDING THAT MOTOR HOME?
A: SUDDENLY THERE WAS SOMEONE IN MY CAMP.
Q: DID YOU SEE WHERE THAT PERSON CAME FROM?
A: NO, I DID NOT SEE.
Q: WAS THAT PERSON ON FOOT OR IN A VEHICLE?
A: ON FOOT.
Q: DO YOU SEE THAT PERSON IN COURT TODAY?
A: YES, I DO.
Q: WOULD YOU POINT HIM OUT, PLEASE, AND DESCRIBE WHAT HE’S WEARING TODAY.
A: HE’S ON THE FAR LEFT END OF THE TABLE WITH THE GRAY-COLORED SUIT JACKET AND A TIE.
THE COURT: THE RECORD WILL REFLECT IDENTIFICATION.
BY MR. DUSEK:
Q: WERE YOU WITH ANYONE WHEN THE DEFENDANT CONTACTED YOU, SIR?
A: NO. I WAS THE ONLY ONE AWAKE AT THE TIME. I WAS THE ONLY ONE UP.
Q: WHAT HAPPENED WHEN THE DEFENDANT CONTACTED YOU?
A: HE SAID THAT HE WAS STUCK AND WAS LOOKING FOR SOMEONE TO TOW HIM OUT.
Q: DID HE SAY HOW HE GOT THERE, HOW HE GOT STUCK?
A: NOT THAT I CAN REMEMBER.
Q: DID YOU NOTICE WHETHER OR NOT HE HAD A CAMP SET UP OVER HIS PLACE?
A: NO. HE HAD NOTHING OUTSIDE OF HIS CAMPER.
Q: WHAT HAPPENED AT THAT POINT?
A: HE TOLD ME THAT HE HAD BEEN DIGGING OUT HIS MOTOR HOME, AND HE HAD PLACED WOOD UNDERNEATH THE TIRES, AND IT WAS READY TO ROLL RIGHT OUT, THAT IT WOULD NOT TAKE MUCH TO PULL IT OUT.
Q: HOW DID YOU RESPOND?
A: BECAUSE OF THE SIZE OF THE MOTOR HOME AND BECAUSE OF THE TRUCK THAT I HAVE, I TOLD HIM THAT I COULD NOT DO IT WITH MY TRUCK, ESPECIALLY WITH STREET TIRES ON IT.
Q: WHY COULDN’T YOU DO IT?
A: BECAUSE IT WOULD TAKE — IT TAKES SOMETHING WITH MORE POWER THAN — OFF-ROAD TIRES AND A HEAVY-DUTY TOW STRAP, WHICH I DID NOT HAVE.
Q: WHAT WAS THE DEFENDANT’S REACTION?
A: HE TRIED TO CONVINCE ME THAT IT WOULDN’T TAKE MUCH TO PULL HIM OUT, IT WOULD JUST — A SMALL TUG, AND HE WOULD ROLL RIGHT OUT.
Q: WHAT WAS HIS ATTITUDE OR DEMEANOR DURING THAT PART OF THE CONVERSATION?
A: HE WAS A LITTLE PERSISTENT IN TRYING TO CONVINCE ME THAT IT WOULD ROLL RIGHT OUT.
Q: HOW SO?
A: WELL, HE MENTIONED THREE, MAYBE FOUR TIMES HOW IT WAS UP ON WOOD AND JUST READY TO ROLL RIGHT OUT.
Q: DID HE SAY ANYTHING ABOUT, YOU KNOW, HOW THINGS WERE GOING FOR HIM?
A: YEAH. HE — SOMEWHERE IN THE CONVERSATION HE SAID HOW HE’S HAD A BAD WEEKEND.
Q: DID HE TELL YOU WHAT HE MEANT BY A BAD WEEKEND?
A: HE SAID FIRST HE GOT A FLAT TIRE ON HIS TRAILER.
Q: WHAT TRAILER?
A: I DON’T KNOW. I DID NOT SEE A TRAILER. THERE WAS NO TRAILER HOOKED UP TO THE MOTOR HOME.
Q: DID HE SAY WHERE THIS TRAILER WAS?
A: NO.
Q: DO YOU NEED A TRAILER TO TAKE THINGS TO THE DESERT?
A: YES.
Q: FOR WHAT PURPOSE? WHAT DO YOU PUT IN THE TRAILER?
A: YOUR A.T.V.’S, MOTORCYCLES, SAND RAILS.
Q: DID HE SAY WHERE THE TRAILER WAS? I’M SORRY.
A: NO. NO, HE DID NOT.
Q: DID HE SAY ANYTHING ELSE?
A: HE SAID THAT HE WAS MEETING SOME FRIENDS OUT AT THE SAND DUNES AND THAT HIS FRIENDS HAD MOVED THE CAMPSITE BECAUSE OF SOME LOUD CAMPERS NEXT TO THEM. SO HE WAS LOOKING FOR THEM.
Q: DID HE SAY WHY HE COULDN’T CALL THEM?
A: HE SAID HIS CELL. PHONE HAD GONE DEAD, THE BATTERY HAD GONE DEAD.
Q: DID YOU HAVE A CELL. PHONE?
A: YES.
Q: DID HE ASK YOU TO USE YOUR CELL. PHONE?
A: NO, HE DID NOT.
Q: DID THAT SEEM UNUSUAL TO YOU OR NOT?
A: YES.
Q: WHY?
A: WE’VE HAD OTHER PEOPLE COME INTO OUR CAMPSITE AND ASK IF ANYONE HAD A CELL. PHONE SO THEY COULD ACTUALLY LOCATE THEIR PARTY, THE PEOPLE THAT THEY WERE MEETING AT THE SAND DUNES.
Q: ARE THERE ANY PUBLIC TELEPHONES OUT THERE?
A: NO. WELL, AT THE STORE THERE IS.
Q: HOW ABOUT IN THE CAMP AREA?
A: NO.
Q: SO THERE WAS NO WAY TO CALL UNLESS YOU HAVE A CELL. PHONE AT THE CAMP?
A: CORRECT.
Q: HOW LONG WOULD YOU SAY HE WAS WITH YOU THERE BY YOUR TRAILER?
A: I WOULD SAY MAYBE TEN MINUTES.
Q: THEN WHAT HAPPENED?
A: I TOLD HIM THAT MAYBE ONCE THESE OTHER GUYS GET UP AND ONE OF THEM COULD POSSIBLY COME OVER AND TRY AND TOW HIM OUT.
Q: THEN WHAT?
A: THAT WAS PRETTY MUCH IT. THEN HE WALKED BACK TO HIS CAMPSITE.
Q: WHAT DID YOU DO AT THAT POINT?
A: I BASICALLY WAITED FOR EVERYONE ELSE TO GET UP, AND I TOLD THEM THAT THIS PERSON WAS STUCK, AND HE WAS LOOKING FOR SOMEONE TO TOW HIM OUT.
Q: ALL RIGHT.
THE GROUP THAT YOU WERE WITH, WERE THEY FROM ARIZONA?
A: YES.
Q: DID YOU GO FOR A RIDE THAT MORNING?
A: YES.
Q: WHERE WAS THE MOTOR HOME WHEN YOU WENT FOR A RIDE?
A: IT WAS STILL IN THE SAME LOCATION, STUCK.
Q: DID YOU SEE ANYBODY OVER AT THAT LOCATION WHEN YOU WENT FOR THE RIDE?
A: I DON’T REMEMBER ANYONE BEING THERE WHEN WE STARTED OUT ON OUR RIDE. THERE WERE PEOPLE THERE WHEN WE GOT BACK.
Q: ABOUT WHAT TIME DID YOU GET BACK, ARE YOU ABLE TO ESTIMATE?
A: I THINK — I WOULD SAY 10:00 TO 10:30.
Q: WHAT DID YOU SEE OVER AT THE DEFENDANT’S SPOT AT THAT POINT?
A: I REMEMBER SEEING TWO VEHICLES OVER THERE. ONE, ONE SMALLER VEHICLE IN FRONT OF THE MOTOR HOME APPEARED TO BE STUCK. I DON’T RECALL THE COLOR OF IT. AND THEN THERE WAS A SECOND VEHICLE THERE. I BELIEVE IT WAS A WHITE TRUCK. AND I BELIEVE THE WHITE TRUCK WAS TRYING TO PULL OUT THE OTHER SMALL VEHICLE.
Q: WHAT WAS THE NEXT THING THAT YOU NOTICED REGARDING THE MOTOR HOME?
A: SHORTLY AFTER THAT SOMEONE SHOWED UP IN AN OLD — AN OLD PICKUP. MAYBE BROWN IN COLOR. AND HE ACTUALLY WAS ABLE TO TOW HIM OUT.
Q: DID YOU ACTUALLY SEE THAT HAPPEN?
A: YES.
Q: FROM YOUR LOCATION OR WERE YOU OVER BY THE MOTOR HOME?
A: NO, WE WERE AT OUR CAMPSITE.
Q: DESCRIBE WHAT THE MOTOR HOME DID ONCE HE WAS ABLE TO GET TRACTION AND GET OUT OF THE HOLE?
A: FROM WHAT I REMEMBER HE PULLED ABOUT TO WHERE IT WAS FAIRLY HARD GROUND. THEY UNHOOKED THE MOTOR HOME. AND THEN I BELIEVE JUST IN MAYBE A MINUTE OR LESS TIME HE JUST — HE DROVE OFF.
Q: WHO IS HE?
A: MR. WESTERFIELD.
Q: HOW QUICKLY DID HE DEPART THE AREA?
A: I WOULD SAY LESS THAN A MINUTE.
Q: COULD YOU TELL WHERE HE WAS GOING, WHICH DIRECTION?
A: HE HEADED TOWARDS THE HIGHWAY.
Q: DID YOU SEE HIM STOP TO COME BACK AND RETRIEVE ANY ARTICLES FROM WHERE HE WAS STUCK?
A: NO, I DID NOT.
MR. DUSEK: THANK YOU, SIR.
THE COURT: ALL RIGHT.
CROSS-EXAMINATION.
CROSS-EXAMINATION
BY MR. FELDMAN:
Q: SIR, DID YOU HAVE OCCASION TO TAKE VIDEOTAPE OR HAVE ANYBODY TAKE VIDEOTAPE OF THAT MOTOR HOME?
A: YES. SOMEONE IN OUR GROUP DID TAKE VIDEOTAPE.
MR. FELDMAN: COUNSEL.
MR. DUSEK: YES.
MR. FELDMAN: I WOULD LIKE TO HAVE MARKED AS THE NEXT IN ORDER, 69, PLEASE.
THE COURT: 69.
(PHOTOGRAPH MARKED TRIAL EXHIBIT NUMBER 69 FOR
IDENTIFICATION.)
BY MR. FELDMAN:
Q: SIR, I WOULD LIKE TO SHOW YOU WHAT’S BEEN MARKED EXHIBIT 69. ASK YOU CAN YOU TELL ME DOES THAT APPEAR TO BE — IT’S ACTUALLY A SCREEN CAPTURE OF THE VIDEOTAPE. DO YOU KNOW WHAT A SCREEN CAPTURE IS?
A: YES.
Q: DOES THAT EXHIBIT APPEAR TO ACCURATELY DEPICT THE CONDITION OF THE MOTOR HOME AS YOU OBSERVED IT ON OR ABOUT FEBRUARY 2 OR 3?
A: YES, IT DOES.
Q: WE SEE — IF I COULD PUT IT HERE, THEN. . . I KNOW IT’S HARD TO SEE BECAUSE IT’S A SMALL PHOTO. BUT IT DOES APPEAR, DOES IT NOT, THAT, FOR INSTANCE, THE WINDOWS ARE OPEN? IS THAT RIGHT?
A: YES.
Q: THAT’S CONSISTENT WITH YOUR MEMORY, ISN’T IT?
A: YES.
Q: AND IT APPEARS AS THOUGH THERE’S NO CURTAINS PULLED OVER THE SIDE WINDOWS. THAT’S CORRECT, ISN’T IT?
A: CORRECT.
Q: CONSISTENT WITH YOUR MEMORY, ISN’T IT?
A: I DID NOT LOOK AT THE MOTOR HOME CLOSE ENOUGH.
Q: DID YOU SEE ANYBODY CHANGING THE SHADES OR ANYTHING LIKE THAT?
A: NO.
Q: SO FAIR TO SAY REGARDLESS, 69 ACCURATELY DEPICTS THE CONDITION OF THE MOTOR HOME, WE CAN SEE IT SUNK IN THE SAND, FOR INSTANCE, RIGHT?
A: YES.
Q: ALL RIGHT.
WHEN YOU GO TO GLAMIS, IS IT THAT UNUSUAL TO SEE PEOPLE STUCK IN THE SAND?
A: YOU WILL OCCASIONALLY.
Q: IN THIS PARTICULAR CASE HAVE YOU EVER RECEIVED AS MUCH ATTENTION PERSONALLY IN YOUR LIFE AS WHAT’S HAPPENED TO YOU IN THE PAST WE’LL SAY TWO OR THREE MONTHS?
MR. DUSEK: OBJECTION. RELEVANCY.
THE COURT: OVERRULED.
YOU CAN ANSWER THAT.
THE WITNESS: NO, I HAVE NOT.
BY MR. FELDMAN:
Q: HOW MANY DIFFERENT TIMES, IF YOU CAN RECALL, HAVE PEOPLE SOUGHT TO SPEAK TO YOU CONCERNING YOUR OBSERVATIONS AT GLAMIS ON OR ABOUT 2/2?
A: PLEASE RESTATE.
Q: HOW MANY DIFFERENT TIMES WOULD YOU ESTIMATE PEOPLE HAVE TRIED TO TALK TO YOU CONCERNING YOUR OBSERVATIONS AT GLAMIS ON THAT DAY, ACTUALLY ON THE NIGHT BEFORE AND THE DAY?
A: HOW MANY DIFFERENT TIMES?
Q: YES, SIR.
A: I DON’T KNOW.
Q: WELL, —
A: I KNOW THERE WAS A PERSON WHO HAD BEEN HIRED BY MR. WESTERFIELD, A PRIVATE INVESTIGATOR I BELIEVE, —
Q: M-HM.
A: — WHO HAD CALLED AND LEFT MESSAGES AT OUR HOUSE.
Q: OKAY.
HOW ABOUT POLICE DETECTIVES?
A: I SPOKE TO ONE POLICE DETECTIVE.
Q: WOULD THAT PERSON’S NAME BE KEYSER, K-E-Y-S-E-R?
A: I DON’T RECALL.
Q: DO YOU RECALL WHEN YOU SPOKE TO THE POLICE DETECTIVE, WAS HE — WAS IT A HE OR A SHE, SIR?
A: A HE.
Q: DO YOU RECALL WHETHER HE WAS TAKING NOTES?
A: YES, HE WAS.
Q: DO YOU RECALL WHETHER OR NOT THERE WAS AN AUDIOTAPE MACHINE GOING?
A: NO, THERE WAS NOT.
Q: DO YOU RECALL WHETHER HE WAS ALONE OR WAS THERE SOMEONE ELSE WITH HIM?
A: HE CAME OUT WITH TWO OTHER DETECTIVES.
Q: WERE THEY DRESSED IN UNIFORM; WERE THEY PLAINCLOTHES?
A: PLAINCLOTHES.
Q: DO YOU RECALL WHAT DID THE OTHER TWO DETECTIVES LOOK LIKE?
A: ONE WAS FEMALE. THE OTHER MALE.
Q: ANY MORE DETAIL THAN THAT, SIR?
A: NO.
Q: DIDN’T SEE THEM ON TELEVISION?
A: I DON’T BELIEVE SO, NO.
Q: HOW MANY DIFFERENT TIMES, SIR, WOULD YOU ESTIMATE BEFORE TODAY YOU’VE SEEN MR. WESTERFIELD ON TELEVISION?
A: REALLY ONLY ONCE OR TWICE, AND THAT WAS ABOUT TWO WEEKS INTO THE MONTH OF FEBRUARY. IN ARIZONA THERE HASN’T BEEN MUCH COVERAGE THAT I KNOW OF.
Q: OKAY.
AND HOW ABOUT THE MOTOR HOME; HOW MANY TIMES DO YOU THINK YOU’VE SEEN THE MOTOR HOME BEFORE TODAY, SIR?
A: EXCLUDING THE MORNING —
Q: YES.
A: — THAT I SAW IT?
ACTUALLY ONLY ONCE. AND THAT WAS ON OUR VIDEOTAPE.
Q: ALL RIGHT.
SO NOBODY’S SHOWN YOU EXHIBITS?
A: NO.
Q: OTHER PHOTOGRAPHS?
A: NO.
Q: WHEN YOU SAY ON OUR VIDEOTAPE, WHOSE — I’M SORRY — TO WHOM ARE YOU MAKING REFERENCE?
A: WELL, THE PERSON WHO TOOK IT, DAVE. AND WE MADE A COPY OF IT.
Q: OKAY.
A: ACTUALLY THE FIRST TIME I SAW THE VIDEOTAPE WAS WHEN WE PLAYED IT IN THE MOTOR HOME FOR THE DETECTIVE.
Q: ALL RIGHT.
YOU ACTUALLY GAVE THE VIDEOTAPE TO THE DETECTIVE, DIDN’T YOU, SIR?
A: I WAS NOT THE ONE THAT GAVE IT TO HIM. THAT WAS DR. PAUL VARDA DID.
Q: ALL RIGHT.
IN YOUR PRESENCE?
A: YES.
Q: BEFORE YOU CAME TO COURT TODAY DID YOU DO ANYTHING TO HELP REFRESH YOUR MEMORY AS TO THE SUBJECT MATTER OF YOUR TESTIMONY?
A: NO.
Q: DID ANYBODY GIVE YOU ANY POLICE REPORTS PURPORTEDLY MEMORIALIZING STATEMENTS THAT YOU’VE MADE, SIR?
A: THE ONLY REPORT I HAVE HERE IS THE INVESTIGATOR’S REPORT.
Q: OKAY.
SO WHEN DID YOU RECEIVE THE INVESTIGATOR’S REPORT?
A: APPROXIMATELY 8:00 A.M. TODAY.
Q: DID YOU HAVE A CHANCE TO READ IT RIGHT BEFORE YOU TESTIFIED?
A: YEAH.
Q: SO YOU REVIEWED THE REPORT RIGHT BEFORE YOU TESTIFIED, IS THAT RIGHT?
A: YES.
Q: DID YOU NOTICE ANY INACCURACIES IN THE REPORT?
A: WELL, IT DID SAY THAT I WAS THE ONE THAT TOOK THE VIDEOTAPE, WHICH IS NOT CORRECT.
Q: ALL RIGHT.
BUT YOU TOLD ME THAT THE MAN THAT WAS — WELL, AT THE END OF THE REPORT THAT YOU LOOKED AT, THIS WOULD BE AT PAGE 3, DO YOU SEE THERE’S A SIGNATURE LINE, IT SAYS REPORTING DETECTIVE M. KEYSER?
A: YES.
Q: DID MR. KEYSER EVER GIVE YOU AN OPPORTUNITY TO REVIEW THIS REPORT TO ALLOW YOU TO TELL HIM WHETHER OR NOT IT CONTAINED ANY INACCURACIES?
A: NO, HE DID NOT.
Q: SO WITH THE EXCEPTION OF THE STATEMENT THAT YOU GAVE THE VIDEOTAPE, DID YOU NOTICE ANY OTHER INACCURACIES?
A: WELL, I KNOW MY SOCIAL SECURITY IS WRONG.
Q: OKAY. I’M NOT ASKING YOU TO READ THAT OUT.
A: AND IT SAYS HERE THAT I SHOWED UP WITH MY FAMILY, WHICH IS NOT RIGHT. I WAS BY MYSELF.
Q: YOU SAY IT SAYS HERE YOU SHOWED UP WITH YOUR FAMILY. CAN YOU TELL ME WHEN YOU USE THE WORD HERE, WHAT WERE YOU REFERRING TO, PLEASE?
A: THE CAMPSITE AND —
Q: NO, NO, NO. I’M SORRY. IN THE REPORT YOU SAY IT SAYS HERE, AND YOU WERE LOOKING AT SOMETHING. I’M JUST ASKING YOU IF YOU COULD DESCRIBE, PLEASE, MORE PRECISELY WHERE THE WORD HERE MEANT TO DESCRIBE.
A: KOEMPTGEN AND HIS FAMILY ARRIVED AT GLAMIS ON FEBRUARY 1ST, 2002.
Q: SO THAT WOULD BE ON THE FIRST PAGE?
A: FIRST PAGE, FIRST PARAGRAPH.
Q: OKAY. GOTCHA.
OTHER THAN THAT, NOTICE ANY INACCURACIES?
A: I WOULD HAVE TO READ THROUGH IT AGAIN.
(PAUSE.)
I BELIEVE IT SAID SOMETHING ABOUT HE LEFT HIS TRAILER AT THE — UP NEAR THE STORE. BUT I DON’T RECALL ANYONE SAYING THAT.
Q: ALL RIGHT.
SO IT SOUNDS AS THOUGH WHAT YOU’RE SAYING IS THAT AT THIS POINT SOME WORDS WERE ADDED THAT YOU DIDN’T UTTER.
A: YES.
Q: ALL RIGHT.
A: I BELIEVE THAT WAS IT.
Q: OKAY.
SIR, YOU RAISED A QUESTION AS TO WHAT PEOPLE DO IN THE DESERT OR I GUESS MR. DUSEK DID. IT’S CORRECT PEOPLE GO OUT TO THE DESERT JUST TO ENJOY THE DESERT, ISN’T THAT RIGHT?
A: THAT MAY BE TRUE.
Q: IN THE NIGHTTIME IS THERE A SIGNIFICANT CLOUD BANK?
A: NO.
Q: SPECIFICALLY DIRECTING YOUR ATTENTION TO FEBRUARY 2ND, DO YOU RECALL WHETHER THERE WAS ANY FORM OF CLOUD BANK OR WAS IT ONE OF THOSE NIGHTS WHERE YOU CAN LOOK OUT IN THE DARK AND SEE THE MILKY WAY?
A: I DON’T RECALL ANY CLOUD COVERAGE.
Q: AND DO YOU RECALL, I MEAN IN YOUR EXPERIENCE, HAVE YOU GONE OUT TO THE DESERT JUST TO ENJOY THE STARS?
A: NO.
Q: NOT MUCH INTO ASTRONOMY?
A: NO.
Q: PEOPLE GO TO THE DESERT TO GET SUNTANS, TOO, DON’T THEY?
A: THEY MAY.
Q: THEY MAY JUST WANT TO GO OUT TO THE DESERT JUST TO GET SOME QUIET AND PRIVACY. THAT’S RIGHT, ISN’T IT?
A: TRUE.
Q: WHEN YOU ARRIVED IN GLAMIS, IT WAS FEBRUARY THE 1ST, IS THAT RIGHT?
A: YES.
Q: AND YOU DECIDED TO SET UP CAMP AT WASH FOURTEEN, IS THAT RIGHT?
A: THAT’S RIGHT.
Q: NOW, WASH FOURTEEN ISN’T WAY OUT, THERE’S OTHER WASHES, I THINK YOU TOLD US THERE’S WASH SIXTEEN, FOR INSTANCE, IS THAT RIGHT, SIR?
A: CORRECT.
Q: HOW MUCH FURTHER IS WASH SIXTEEN THAN WASH FOURTEEN?
A: OH, A MILE AT THE MOST.
Q: SO THESE WASHES ARE FAIRLY CLOSE TOGETHER?
A: YES.
Q: HALF A MILE APART, QUARTER OF A MILE APART?
A: PROBABLY QUARTER OF A MILE APART.
Q: AND THAT PARTICULAR EVENING WHAT WERE YOU SLEEPING IN?
A: I HAVE A TWELVE-FOOT ENCLOSED TRAILER.
Q: SO YOU WENT TO SLEEP IN YOUR OWN ENCLOSED TRAILER, IS THAT CORRECT?
A: YES.
Q: AND DO YOU CONSIDER YOURSELF A SOUND SLEEPER?
A: NO.
Q: DIDN’T YOU TELL THE POLICE THAT YOU WENT TO BED, YOU WENT TO SLEEP THAT NIGHT, AND YOU JUST HAD A CHANCE TO READ THIS IN THE REPORT, AT 2200 HOURS PACIFIC STANDARD TIME, THAT’S 10:00 P.M.? YOU TOLD THAT TO THE POLICE, DIDN’T YOU?
A: I WENT INTO MY TRAILER AT APPROXIMATELY THAT TIME.
Q: ISN’T IT TRUE YOU TOLD KEYSER THAT YOU WENT TO — YOU PREPARED FOR THE NIGHT, DECIDED TO CLOSE CAMP, AND WENT TO BED AT APPROXIMATELY 2200 HOURS?
A: THAT’S WHAT THE REPORT SAYS, YES.
Q: WELL, IS THAT CONSISTENT OR INCONSISTENT WITH YOUR MEMORY, SIR?
A: I REMEMBER ACTUALLY GOING TO SLEEP APPROXIMATELY 11:30.
Q: OKAY.
YOUR TIME, —
A: THAT’S CALIFORNIA TIME.
Q: — ARIZONA —
WHO WAS WITH YOU?
A: NO ONE.
Q: AND YOU JUST DON’T REMEMBER HEARING ANOTHER VEHICLE PULL UP, IS THAT RIGHT?
A: THAT’S CORRECT.
Q: BUT WHEN YOU WOKE UP IN THE MORNING, THERE WAS ANOTHER VEHICLE THERE.
A: YES.
Q: I’M SORRY. I THINK YOU TOLD US ON DIRECT, BUT WHAT WOULD YOU ESTIMATE TO BE THE DISTANCE BETWEEN YOU AND THE MOTOR HOME?
A: ABOUT A HUNDRED AND FIFTY YARDS.
Q: ALL RIGHT.
WHEN YOU WENT INSIDE YOUR TRAILER TO GO TO BED, DID YOU HAVE ANY PARTICULAR BEDTIME ROUTINE? WHAT DID YOU DO?
A: I GOT CLEANED UP, TOOK MY CONTACTS OUT. I MAY HAVE READ A LITTLE BIT THAT NIGHT.
Q: DO YOU HAVE A SPOUSE OR, I DON’T KNOW, WERE YOU LISTENING TO MUSIC, READING BOOKS? IS THERE A TELEVISION, ANY OF THAT?
A: I DO HAVE A TELEVISION IN MY TRAILER.
Q: DO YOU HAVE A SPECIFIC RECOLLECTION AS TO WHAT YOU DID THAT EVENING?
A: NO.
Q: NOW, YOU SAID YOU WERE SURPRISED TO SEE A GENTLEMAN COMING TO YOUR CAMPSITE ASKING FOR SOME HELP. IS THAT RIGHT?
A: YES.
Q: THE GENTLEMAN YOU’VE LATER IDENTIFIED AS MR. WESTERFIELD, IS THAT RIGHT?
A: YES.
Q: YOU HAD NEVER SEEN THAT MAN BEFORE, HAD YOU, THE ONE THAT CAME TO YOUR CAMPSITE?
A: NO.
Q: THERE WAS NOTHING UNUSUAL ABOUT HIM, CORRECT?
A: UNUSUAL? WELL, NO.
Q: TODAY WE SEE HE HAS A GOATEE, AND WE SEE YOU HAVE A GOATEE. IS THERE ANYTHING UNUSUAL ABOUT HAVING A GOATEE?
A: NO.
Q: WAS THERE ANYTHING UNUSUAL ABOUT HIS GOATEE THAT PARTICULAR DAY, THE MAN’S GOATEE?
A: NO.
Q: DID THE MAN SAY ANYTHING TO YOU ABOUT TRYING TO GET OUT OF THE SAND?
A: DID HE — WELL, HE TOLD ME HE WAS — HE HAD BEEN DIGGING.
Q: OKAY.
A: AND HE HAD PLACED WOOD UNDERNEATH THE TIRES.
Q: OKAY.
DID YOU THEN GO OVER TO THE MOTOR HOME?
A: NO.
Q: WAS THERE — HOW CLOSE WOULD YOU SAY YOU EVER GOT TO THE MOTOR HOME?
A: A HUNDRED YARDS.
Q: YOU SAID AT SOME POINT YOU SAW SOMEBODY ELSE OVER AT THE MOTOR HOME. IT SOUNDED TO ME AS THOUGH YOU WERE SAYING THERE WAS A PICKUP TRUCK OF SOME KIND STUCK IN FRONT OF THE MOTOR HOME AND ANOTHER PICKUP TRUCK TRYING TO PULL THE MOTOR HOME OUT. IS THAT RIGHT, SIR?
A: WELL, FROM WHERE I WAS, IT LOOKED LIKE ONE VEHICLE WHO HAD BEEN TRYING TO PULL THE MOTOR HOME OUT GOT STUCK, AND THEN A SECOND VEHICLE CAME IN TO PULL NOT THE MOTOR HOME OUT BUT THAT OTHER VEHICLE.
Q: OKAY.
THEN LATER — WELL, DID THAT SAME VEHICLE THAT PULLED THE TRUCK OUT ALSO ATTEMPT TO PULL OUT THE MOTOR HOME?
A: I DON’T RECALL SEEING THAT VEHICLE TOW OR TRY TO TOW THAT MOTOR HOME OUT, NO.
Q: DO YOU HAVE A RECOLLECTION OF ANY VEHICLE TRYING TO TOW THE MOTOR HOME OUT?
A: YES. SHORTLY AFTER IT WAS AN OLDER PICKUP THAT CAME OUT.
Q: AND WITH REGARD TO THAT OLDER PICKUP, DO YOU RECALL WHETHER OR NOT THE DRIVER HAD LONG HAIR OR SHORT HAIR?
A: NO. I WAS A HUNDRED AND FIFTY YARDS AWAY. I WASN’T PAYING ATTENTION TO THE DRIVER.
Q: IN FACT, YOU WEREN’T REALLY PAYING THAT MUCH ATTENTION TO THE MOTOR HOME, WERE YOU?
A: THERE WAS NO REASON TO.
Q: RIGHT.
THERE WAS NO REASON TO PAY ATTENTION TO THE GUY BECAUSE IT WASN’T THAT UNUSUAL, WAS IT?
A: JUST ANOTHER STUCK MOTOR HOME.
Q: RIGHT.
ON OR ABOUT FEBRUARY 27TH OR MARCH THE 2ND, 2002, WAS EITHER OF THOSE DATES THE FIRST TIME THAT YOU TALKED TO DETECTIVE KEYSER?
A: I DON’T RECALL THE EXACT DATE WHEN I TALKED TO HIM.
Q: DO YOU THINK THAT IF YOU LOOKED AT THE REPORT THAT YOU WERE LOOKING AT THAT MIGHT REFRESH YOUR MEMORY AS TO WHICH DATE IT WAS, SIR?
A: I SAW THE DATE, BUT I STILL DON’T KNOW FOR SURE IF THAT WAS THE CORRECT DATE.
Q: WHEN YOU SAY YOU SAW THE DATE, YOU ARE REFERRING TO —
A: IN THIS REPORT HERE.
Q: THE DATE BEING FEBRUARY 27 AND THE DATE THAT SAYS ON MARCH THE 2ND, 2002, AT APPROXIMATELY 5:00 P.M., RIGHT? PAGE 1.
A: I ONLY SPOKE TO HIM ONE TIME.
Q: I UNDERSTAND THAT.
IF YOU TAKE A LOOK AT PAGE 1 AND YOU LOOK AT THE THIRD PARAGRAPH DOWN, IS IT THE CASE THAT YOU MET THE DETECTIVE AT THE WASH?
A: YES. WE MET HIM — WE WERE AT WASH SIXTEEN, AND THEY, THE DETECTIVES, CAME OUT TO WASH SIXTEEN.
Q: YOU SAY WE WERE AT. I’M SORRY. WHO IS WE, SIR?
A: ONE OTHER PERSON IS DR. PAUL VARDA. BRANDON AND HIS WIFE. KEN.
Q: OKAY.
SO THERE’S A GROUP OF YOU?
A: YES.
Q: AND THE DETECTIVES CAME UP TO THE GROUP OF YOU, IS THAT RIGHT?
A: YES.
Q: AND DID THEY SPEAK TO YOU IN THE PRESENCE OF THE OTHER DETECTIVES AND THE OTHER PERSONS?
A: WHEN THEY INTRODUCED THEMSELVES TO US.
Q: WHEN YOU WERE TALKED TO BY THE DETECTIVE OR DETECTIVES, WERE YOU TAKEN AWAY SEPARATELY?
A: WE WERE IN A TRAILER, AND WE WENT IN THERE SPECIFICALLY TO WATCH THE VIDEOTAPE THAT WE HAD. THE OTHER — THERE WAS ONLY ONE DETECTIVE IN THE TRAILER WITH US. THE OTHER TWO REMAINED OUTSIDE.
Q: OKAY.
SO IT’S YOU IN THE TRAILER, THE DETECTIVE IN THE TRAILER, AND YOU’RE USING THE WORD WE. WHO ELSE DO YOU MEAN TO INCLUDE, SIR?
A: LET’S SEE. PAUL WAS — PAUL WAS INSIDE. KEN. BRANDON. SHAMEEN. I THINK THAT’S IT. KAREN.
Q SO IS IT SIX CIVILIANS, ONE DETECTIVE ALL WATCHING THE SAME VIDEO?
A: YES.
Q: ALL RIGHT.
AND WAS THERE DISCUSSIONS AMONGST THE CIVILIANS IN THE PRESENCE OF THE DETECTIVE CONCERNING WHAT YOU WERE SEEING ON THE VIDEO?
A: YES.
Q: SO YOU ALL DISCUSSED YOUR OBSERVATIONS TOGETHER, IS THAT RIGHT?
A: AT THAT TIME, YES.
Q: AND AFTER YOU DISCUSSED YOUR OBSERVATIONS TOGETHER, DID THE DETECTIVE ASK TO SPEAK TO YOU INDIVIDUALLY?
A: NO. WELL, SEPARATE FROM EVERYONE ELSE?
Q: YES, SIR.
A: NO.
(LONG PAUSE, DURING WHICH THE REPORTER ASKED THE
WITNESS TO SPELL SHAMEEN.)
BY MR. FELDMAN:
Q: DO WE HAVE A PHONETICS ISSUE? YOU MENTIONED WAS IT CHARMAIN?
A: NO. SHAMEEN. I DO NOT KNOW HOW TO SPELL THAT.
Q: OKAY.
YOU MENTIONED — MR. DUSEK ASKED YOU WHETHER OR NOT THIS PERSON ASKED YOU WHETHER OR NOT HE COULD USE YOUR CELL. PHONE. DID YOU ASK HIM WHETHER OR NOT HE WANTED TO USE YOUR CELL. PHONE?
A: NO, I DID NOT.
Q: YOU DID NOT OFFER IT?
A: NO.
Q: AND WHEN THIS PERSON ASKED FOR YOUR ASSISTANCE IN PULLING HIM OUT, YOU ALSO DECLINED TO PROVIDE HIM ASSISTANCE, ISN’T THAT RIGHT?
A: CORRECT. ASSISTANCE WITH MY TRUCK, CORRECT.
(DISCUSSION OFF THE RECORD BETWEEN MR. FELDMAN
AND MR. BOYCE.)
BY MR. FELDMAN:
Q: WHEN PEOPLE GO OUT TO GLAMIS OR TO THE DESERT AND THEY GO OUT WITH FRIENDS, SOMETIMES DO THEY — DOES ONE SET OF FRIENDS BRING CERTAIN TOYS AND ANOTHER SET OF FRIENDS BRING OTHER TOYS?
A: YES.
Q: SO THE PRESENCE OR ABSENCE OF TOYS DOESN’T REALLY MEAN THAT MUCH ONE WAY OR THE OTHER, DOES IT?
MR. DUSEK: OBJECTION. CALLS FOR SPECULATION.
THE COURT: SUSTAINED.
YOU NEED NOT ANSWER, SIR.
BY MR. FELDMAN:
Q: WITH REGARD TO THE COMMUNICATIONS YOU SAID FROM — THE ATTEMPTED COMMUNICATIONS FROM THE DEFENSE INVESTIGATOR, DID THE POLICE OFFICER TELL YOU AT ANY TIME NOT TO SPEAK TO THE DEFENSE, SIR?
A: NO.
Q: DID THE POLICE OFFICER EVER TELL YOU NOT TO DISCUSS THIS SUBJECT MATTER OF THE INFORMATION THAT YOU HAD COMMUNICATED?
A: NO.
Q: AND DID YOU EVER SPEAK WITH THE POLICE OFFICER AFTER THE FIRST TIME YOU TALKED TO HIM?
A: NO.
Q: BEFORE YOU CAME TO COURT TODAY, DID YOU MEET WITH ANY REPRESENTATIVES OF THE DISTRICT ATTORNEY’S OFFICE?
A: I BELIEVE SO, YES.
Q: WHO?
A: THE THREE GENTLEMEN SITTING THERE.
MR. FELDMAN: FOR THE RECORD, YOUR HONOR, THAT WOULD BE MR. CLARKE, SERGEANT HOLMES, AND MR. DUSEK.
THE COURT: YOU JUST MADE YOUR RECORD.
MR. FELDMAN: THANK YOU.
BY MR. FELDMAN:
Q: HOW LONG DID YOU SPEND WITH THEM?
A: MAYBE TEN MINUTES.
Q: WERE YOU ALL TOGETHER IN THE SAME ROOM?
A: YES.
Q: ANYBODY TAKING NOTES?
A: YES.
Q: WHO?
A: THE GENTLEMAN ON THE END.
Q: MR. DUSEK?
A: YES.
Q: AND WAS HE TAKING NOTES AS YOU WERE SPEAKING?
A: YES.
MR. FELDMAN: COULD WE HAVE A SIDEBAR?
THE COURT: NO. PROCEED.
MR. FELDMAN: REQUEST A COPY OF THE NOTES.
MR. DUSEK: THERE WERE QUESTIONS THAT WERE WRITTEN DOWN TO REMEMBER TO ASK HIM DOWN HERE IN COURT, YOUR HONOR.
THE COURT: YES. THERE ARE A WHOLE LOT OF OTHER REASONS WE ARE NOT GOING TO DISCUSS RIGHT NOW. ASK SOME MORE QUESTIONS, PLEASE.
BY MR. FELDMAN
Q: SO YOU KNEW AHEAD OF TIME WHAT QUESTIONS WERE GOING TO BE PUT TO YOU.
A: NO.
Q: MORE OR LESS, RIGHT?
A: WELL, SOME OF THEM, YES.
Q: BECAUSE THEY WERE DISCUSSED TOGETHER IN THE D. A.’S OFFICE THIS MORNING BEFORE YOU — AND YOU ARE THE FIRST WITNESS, RIGHT?
A: WELL, WE DISCUSSED THIS REPORT.
Q: DID YOU DISCUSS THE INACCURACIES?
A: SOME, YEAH.
Q: YOU COMMUNICATED TO THE D. A.’S REPRESENTATIVES INACCURACIES IN THE REPORT?
A: YES.
(DISCUSSION OFF THE RECORD BETWEEN MR. FELDMAN
AND MR. BOYCE.)
MR. FELDMAN: EXCUSE ME, YOUR HONOR.
(DISCUSSION OFF THE RECORD BETWEEN MR. FELDMAN
AND MR. BOYCE.)
MR. FELDMAN: THANK YOU VERY MUCH.
NO FURTHER.
THE COURT: ANYTHING FURTHER?
MR. DUSEK: YES.
/ / /
REDIRECT EXAMINATION
BY MR. DUSEK:
Q: WHEN YOU WERE UPSTAIRS DID I ASK YOU BASICALLY TELL ME WHAT HAPPENED?
A: YES.
Q: THAT’S WHAT YOU DID?
A: YES.
Q: DID I TELL YOU WHAT THE ANSWERS SHOULD BE?
A: NO. NO.
Q: DID I SUGGEST ANYTHING AT ALL ABOUT WHAT YOU SHOULD SAY DOWN HERE WHEN THE QUESTIONS ARE ASKED?
A: YOU TOLD ME TO TELL THE TRUTH; AND IF I DID NOT KNOW OR COULD RECALL THE ANSWER, THAT TO BE HONEST AND SAY I DON’T REMEMBER.
Q: ALL RIGHT.
AND IN YOUR ANSWERS HERE IN COURT, HAVE YOU TRIED TO GIVE US YOUR BEST RECOLLECTION —
A: YES.
Q: — OF WHAT YOU REMEMBER?
A: YES.
Q: AND REGARDING THE INACCURACIES THAT MAY BE IN THIS REPORT, YOU TOLD US HERE IN COURT YOUR BEST MEMORY OF WHAT HAPPENED, CORRECT?
A: CORRECT.
Q: WERE YOU INTERVIEWED BY THE DEFENSE?
A: NO, I WAS NOT.
Q: OVER THE PHONE?
A: NO.
Q: ALL RIGHT.
YOU TALK ABOUT AT LEAST YOU WERE ASKED SOME QUESTIONS REGARDING WHETHER THINGS WERE UNUSUAL —
A: YES.
Q: — ABOUT THE DEFENDANT’S BEHAVIOR.
A: YES.
Q: WAS IT UNUSUAL WHERE HE HAD PARKED THE MOTOR HOME?
A: YES, IT WAS.
Q: WHY WAS THAT UNUSUAL?
A: BECAUSE ANYONE DRIVING OUT THERE WITH THAT SIZE OF A VEHICLE, ESPECIALLY AT NIGHT, WOULD NOT HAVE DROVE THAT FAR IN OFF THE MAIN DIRT ROAD.
Q: WHY NOT?
A: YOU’RE GUARANTEED TO GET STUCK.
Q: WHEN PEOPLE WANT TO GO TO THE DESERT TO ENJOY THE SUN, WOULD IT BE UNUSUAL TO NOT STAY WHEN THE SUN IS OUT?
A: YES.
MR. FELDMAN: OBJECTION. VAGUE.
THE COURT: SUSTAINED.
REPHRASE.
BY MR. DUSEK:
Q: DID THE DEFENDANT REMAIN AT GLAMIS WHEN THE SUN WAS OUT?
A: NO, HE DID NOT.
Q: WHAT DID HE DO WHEN THE SUN CAME OUT?
A: AS SOON AS HE WAS TOWED OUT, HE LEFT.
Q: AND HE TOLD YOU ABOUT A FLAT TIRE ON A — HIS TRAILER.
MR. FELDMAN: ASKED AND ANSWERED. OBJECTION.
THE COURT: SUSTAINED.
BY MR. DUSEK:
Q: WOULD IT BE UNUSUAL TO LIE ABOUT SOMETHING LIKE THAT?
MR. FELDMAN: OBJECTION. IRRELEVANT. ARGUMENTATIVE.
THE COURT: IT’S ARGUMENTATIVE. SUSTAINED.
MR. DUSEK: I HAVE HAD MARKED AS COURT’S EXHIBIT 70 ANOTHER PHOTO DISPLAY BOARD LABELED AT THE TOP “VIDEO STILLS FROM AN 8-MILLIMETER VIDEO, MOTOR HOME IN DESERT STUCK IN SAND.” IT HAS SIX PHOTOGRAPHS LABELED A THROUGH E.
(PHOTOBOARD CONTAINING SIX PHOTOGRAPHS MARKED TRIAL
EXHIBIT NUMBER 70 FOR IDENTIFICATION.)
BY MR. DUSEK:
Q: DO YOU RECOGNIZE WHAT WE HAVE DEPICTED THERE, MR. KOEMPTGEN?
A: YES, I DO.
Q: DO THEY APPEAR TO BE STILLS FROM THE SHORT VIDEO THAT YOU AND YOUR FRIENDS TOOK?
A: YES.
Q: DOES THAT ACCURATELY DEPICT WHERE HIS MOTOR HOME WAS STUCK IN THE SAND?
A: FROM THE RAILROAD TRACKS OR THE MAIN ROAD, NO; BUT, YES, IT ACCURATELY DEPICTS.
Q: THAT SHOWS WHERE HIS MOTOR HOME WAS STUCK AND HOW BADLY IT WAS STUCK?
A: YES.
Q: HOW MANY TELESCOPES DID YOU SEE FOR HIM TO LOOK AT THE STARS?
A: NONE.
Q: YOU TALKED ABOUT A DR. PAUL VARGA OR VARDA.
A: VARDA.
Q: WHAT WAS HIS INVOLVEMENT OUT IN THE STRAND THAT DAY OR THE GLAMIS? I’M SORRY.
A: WELL, PRETTY MUCH THAT DAY NONE.
Q: WHO TOOK THE VIDEO, DO YOU RECALL?
A: YES. HIS NAME IS DAVE.
Q: AND HOW IS THE VIDEO TAKEN?
A: HE HAS WHAT WE CALL A HELMET CAM. IT’S A CAMERA MOUNTED ON HIS HELMET.
Q: AND WERE YOU WITH ANYONE WHEN THE FILM WAS BEING TAKEN?
A: I WAS RIDING WITH THEM AT THE TIME, YES.
Q: AND SOMEHOW LAW ENFORCEMENT ASKED YOU IF YOU HAD A VIDEO OF WHAT YOU SAW OUT THERE?
A: NO. MR. VARDA CONTACTED THE SAN DIEGO POLICE DEPARTMENT I BELIEVE.
MR. FELDMAN: OBJECTION. HEARSAY, YOUR HONOR.
THE COURT: SUSTAINED.
THE JURY IS TO DISREGARD.
BY MR. DUSEK:
Q: REGARDLESS, YOU WERE AT LEAST INVOLVED IN TURNING THAT VIDEO OVER TO THE LAW ENFORCEMENT.
A: YES.
Q: WHERE DID THAT TAKE PLACE?
A: AT WASH SIXTEEN INSIDE PAUL’S TRAILER.
Q: AND YOU HAD GONE BACK TO GLAMIS ON SOME LATER OCCASION.
A: YES.
Q: AND THE INDIVIDUALS THAT WERE THERE WITH YOU WHEN THE VIDEO CAMERA WAS TURNED OVER, ARE THEY ANY OF THE WITNESSES THAT WE HAVE OUTSIDE?
A: NO, THEY ARE NOT.
MR. DUSEK: THANK YOU, SIR.
THE COURT: ALL RIGHT.
ANYTHING FURTHER, MR. FELDMAN?
RECROSS-EXAMINATION
BY MR. FELDMAN:
Q: HOW DO YOU KNOW WHAT WITNESSES THEY HAVE OUTSIDE?
A: I SAW THEM EARLIER.
Q: OH. IN THE D. A.’S OFFICE?
A: YES.
Q: DID THE D. A. TELL YOU WHO ELSE THEY WERE CALLING AS WITNESSES?
A: NO.
Q: SIR, YOU WERE ASKED QUESTIONS CONCERNING WHETHER YOU TALKED TO THE DEFENSE ON THE TELEPHONE. IN FACT, YOU REFUSED TO SPEAK TO THE DEFENSE, ISN’T THAT TRUE?
A: NO. I NEVER DID REFUSE.
Q: YOU JUST PUT THE PHONE DOWN AND LEFT IT OFF THE HOOK.
A: NO. ALL THE CALLS THAT THIS PERSON MADE WERE DURING TIMES WHEN I WAS NOT HOME EXCEPT FOR ONE CALL.
Q: YES.
A: AND I WAS BUSY AT THE TIME. AND MY WIFE ASKED THIS PERSON TO PLEASE HOLD. AND WHEN I GOT TO THE PHONE, IT WAS NO ONE THERE.
Q: DID YOU MAKE ANY EFFORTS TO CALL BACK, SIR?
A: NO.
Q: DO YOU RECALL HOW WAS THE MAN DRESSED THAT YOU SAW OUTSIDE THE MOTOR HOME?
A: ARE YOU REFERRING TO MR. WESTERFIELD?
Q: THE MAN YOU’VE IDENTIFIED AS MR. WESTERFIELD, YEAH.
A: NOT THE PEOPLE TRYING TO TOW HIM OUT. MR. WESTERFIELD.
Q: LET ME ASK IT. DO YOU RECALL HOW THE PEOPLE WHO WERE TRYING TO TOW HIM OUT WERE DRESSED?
A: NO.
Q: DO YOU RECALL HOW THE MAN YOU’VE IDENTIFIED AS MR. WESTERFIELD WAS DRESSED?
A: SOME.
Q: WHAT DO YOU RECALL, PLEASE?
A: BASEBALL CAP, JEANS, AND LIGHT CLOTHING.
Q: WHEN YOU SAY LIGHT CLOTHING, ARE YOU REFERRING TO COLOR OR WEIGHT?
A: WEIGHT.
Q: LIKE A TEESHIRT, RIGHT?
A: I BELIEVE A TEESHIRT AND MAYBE ANOTHER SHIRT. I BELIEVE HE HAD TWO SHIRTS ON.
Q: ISN’T IT TRUE YOU TOLD DETECTIVE KEYSER THAT YOU THOUGHT THAT THE MALE WAS WEARING ONLY A SHORT-SLEEVE SHIRT?
A: I DON’T RECALL THAT.
Q: WHEN YOU SAY DON’T RECALL, DO YOU MEAN YOU DIDN’T MAKE THE STATEMENT OR YOU DON’T REMEMBER WHETHER OR NOT YOU MADE THE STATEMENT?
A: I RECALL MAKING A STATEMENT AS TO THE CLOTHES HE WAS WEARING WERE LIGHT WEIGHT THAT MORNING.
Q: SO IT’S YOUR TESTIMONY YOU DID NOT SAY THAT THE MAN, THE MALE, REFERRING TO THE MALE BY THE MOTOR HOME, WAS WEARING ONLY A SHORT-SLEEVED SHIRT?
MR. DUSEK: OBJECTION. MISSTATES THE EVIDENCE.
THE COURT: OVERRULED. YOU CAN CLARIFY IT.
YOU MAY ANSWER, SIR.
THE WITNESS: I DON’T REMEMBER EXACTLY WHAT I STATED, BUT I BELIEVE IT WAS A SHORT-SLEEVE TEESHIRT AND ANOTHER LOOSE SHIRT ON TOP OF THAT.
BY MR. FELDMAN:
Q: SIR, ARE YOU FAMILIAR WITH THE WASHES IN THE AREA OF GLAMIS?
A: YES.
Q: INCLUDING WASHES THREE, FOUR, AND FIVE, FOR INSTANCE?
A: YES.
Q: ARE THEY — ARE WASHES THREE, FOUR, OR FIVE, ARE THEY IN OFF THE ROAD SOME?
A: YES.
Q: THEY ARE IN OFF THE ROAD EVEN MORE THAN WASH FOURTEEN, ISN’T THAT TRUE?
A: FARTHER IN FROM THE HIGHWAY?
Q: YES.
A: NO.
Q: ARE THEY FURTHER IN FROM THE HARDPACK?
A: I DON’T UNDERSTAND.
Q: WHEN’S THE LAST TIME YOU SPENT ANY TIME IN EITHER WASH THREE, FOUR, OR FIVE, SIR?
A: THE LAST TIME — I CAMPED ONCE AT WASH I THINK FOUR APPROXIMATELY IN 1990.
Q: ALL RIGHT.
MR. FELDMAN: I HAVE NO FURTHER QUESTIONS AT THIS TIME.
THE COURT: ANYTHING FURTHER?
FURTHER REDIRECT EXAMINATION
BY MR. DUSEK:
Q: DO YOU REMEMBER IF HE WAS SWEATY?
A: YES.
Q: WHAT DO YOU REMEMBER?
A: HE HAD BEADS OF SWEAT RUNNING DOWN HIS FACE AND HIS NECK.
Q: HAD YOU SEEN HIM DO ANY WORK AROUND HIS MOTOR HOME BEFORE HE CAME OVER TO YOUR PLACE?
A: NO, I DID NOT SEE HIM OUTSIDE.
Q: AND HOW COLD WAS IT?
A: THE THERMOMETER INSIDE MY TRAILER WAS 28.9 DEGREES.
MR. DUSEK: THANK YOU, SIR.
THE COURT: ANYTHING FURTHER, MR. FELDMAN?
MR. FELDMAN: YES.
FURTHER RECROSS-EXAMINATION
BY MR. FELDMAN:
Q: AT THE TIME YOU MADE THE OBSERVATION OF THE SWEAT, THE MAN TOLD YOU HE HAD BEEN TRYING TO DIG HIMSELF OUT OF THE SAND, ISN’T THAT RIGHT?
A: RIGHT.
Q: IT TAKES A GREAT DEAL OF EFFORT TO DO THAT, DOESN’T IT?
A: YES.
MR. FELDMAN: NO FURTHER QUESTIONS.
THE COURT: IS THIS WITNESS TO BE EXCUSED, COUNSEL?
MR. DUSEK: YES.
MR. FELDMAN: NO OBJECTION, YOUR HONOR.
THE COURT: THANK YOU, SIR, FOR COMING OVER. YOU ARE FREE TO LEAVE THESE PROCEEDINGS.
PLEASE REMEMBER THE ADMONITION, HOWEVER, NOT TO DISCUSS YOUR TESTIMONY WITH ANYONE UNTIL THE MATTER IS CONCLUDED.
THE WITNESS: OKAY.
THE COURT: HAVE A GOOD DAY.
THE WITNESS: THANK YOU.
(THE WITNESS WAS EXCUSED.)
THE COURT: ALL RIGHT. MR. DUSEK.
MR. DUSEK: RYAN STRATHEARN.
RYAN STRATHEARN,
CALLED AS A WITNESS BY THE PLAINTIFF, HAVING BEEN DULY SWORN, TESTIFIED AS FOLLOWS:
THE CLERK: SIR, WOULD YOU PLEASE STATE YOUR NAME AND SPELL IT FOR THE RECORD.
THE WITNESS: RYAN STRATHEARN. S-T-R-A-T-H-E-A-R-N.
/ / /
DIRECT EXAMINATION
BY MR. DUSEK:
Q: WHAT TYPE OF WORK DO YOU DO, SIR?
A: ENGINEER.
Q: ARE YOU MARRIED?
A: YES.
Q: HOW MANY KIDS?
A: ONE.
Q: I WOULD LIKE TO DIRECT YOUR ATTENTION BACK TO SUPER BOWL WEEKEND. FEBRUARY 1ST THROUGH THE 4TH.
A: OKAY.
Q: DID YOU GO ON A TRIP THAT WEEKEND?
A: YES. I WENT TO GLAMIS.
Q: WHAT PART OF THE STATE DO YOU LIVE IN?
A: I LIVE IN LONG BEACH, CALIFORNIA.
Q: WHICH DAY DID YOU GO OUT TO GLAMIS?
A: I LEFT PROBABLY ON FRIDAY.
Q: WHO DID YOU GO OUT THERE WITH?
A: I WENT OUT WITH A FRIEND OF MINE NAMED TRAVIS HOLLINS AND HIS WIFE AND MY WIFE, THE FOUR OF US.
Q: AND YOU DID NOT TAKE YOUR CHILD?
A: NO, I DIDN’T HAVE A CHILD AT THE TIME.
Q: ALL RIGHT.
WHAT TYPE OF RIG DID YOU TAKE?
A: I TOOK MY TRUCK, AND I TOWED A TRAILER. AND MY FRIEND CAME OUT IN HIS FORD BRONCO.
Q: SO THE FOUR OF YOU WERE GOING TO STAY IN YOUR TRAILER?
A: YES.
Q: HOW LONG IS THE TRAILER?
A: TWENTY-FOUR FOOT.
Q: DO YOU RECALL WHERE YOU WENT OUT AT GLAMIS?
A: WE CAMPED OUT AT WASH FOURTEEN, BETWEEN FOURTEEN AND FIFTEEN.
Q: HOW OFTEN DO YOU GO OUT THERE?
A: ABOUT SIX TO TEN TIMES A YEAR.
Q: WHAT DO YOU DO WHEN YOU GO OUT?
A: I RIDE A.T.V.’S.
Q: WHAT ARE THOSE?
A: THEY ARE FOUR-WHEELED MOTORCYCLE KIND OF GOES OFF IN THE SAND.
Q: AND HOW ABOUT THE OTHER FOLKS THAT WERE WITH YOU; WHAT WERE THEY GOING TO DO?
A: I THINK WE HAD FOUR BIKES THERE. MY WIFE WAS PREGNANT AT THE TIME. SHE DIDN’T RIDE, SO SHE ACTUALLY STAYED BACK MOST OF THE DAY.
Q: BIKES, WHAT DO YOU MEAN, BICYCLES OR OTHER TYPES —
A: I REFER TO A.T.V.’S AS BIKES.
Q: HOW DID YOU GET THEM OUT THERE?
A: I TOW THEM ACTUALLY INSIDE MY TRAILER.
Q: DO YOU RECALL ABOUT WHAT TIME YOU ARRIVED?
A: I USUALLY ARRIVE KIND OF LATE EVENING ON FRIDAY BECAUSE I LEAVE AFTER WORK.
Q: DID YOU KNOW WHICH WASH YOU WERE GOING TO WHEN YOU LEFT HOME?
A: WE KIND OF HAVE BEEN TYPICALLY GOING BETWEEN TWELVE AND FIFTEEN, KIND OF IN THAT AREA.
Q: DID YOU GO OUT THERE TOGETHER WITH YOUR FRIEND?
A: THEY CAME OUT LATER.
Q: HOW DID THEY KNOW WHERE TO GO?
A: WE KIND OF JUST SAID KIND OF LOOK BETWEEN THIRTEEN AND FIFTEEN.
Q: SATURDAY, WHEN YOU GOT UP, WERE YOUR FRIENDS THERE?
A: SATURDAY THEY WERE THERE.
Q: WHAT DID YOU DO SATURDAY?
A: JUST THE NORMAL, KIND OF GET UP IN THE MORNING, GO FOR A RIDE, COME BACK, EAT LUNCH, GO FOR ANOTHER RIDE.
Q: WHAT’S THERE TO DO IF YOU DON’T HAVE ANY OF YOUR DESERT TOYS?
A: MY WIFE JUST KIND OF — SHE’S BEEN WATCHING T.V.
Q: HOW ABOUT FOR YOU OR THE OTHER ADULTS?
A: WE USUALLY JUST PIDDLE AROUND, TALK, HAVE CONVERSATIONS.
Q: DO YOU ALWAYS TAKE YOUR DESERT TOYS?
A: YES. I ALWAYS CARRY MY DESERT TOYS.
Q: WHY?
A: BECAUSE I ENJOY RIDING. I MEAN I DON’T GO OUT THERE JUST TO SIT AROUND AND LOOK AT SCENERY.
Q: SATURDAY NIGHT, ANY IDEA ABOUT WHAT TIME YOU WENT TO BED, CLOSED UP CAMP?
A: IT WAS PROBABLY AROUND 11:30.
Q: WERE YOU OUTSIDE BEFORE YOU WENT TO BED, DO YOU REMEMBER?
A: IT WAS GETTING PRETTY COLD, SO I PROBABLY RIGHT WHEN IT GOT DARK I WAS PROBABLY INSIDE.
Q: WHEN YOU SAY PRETTY COLD, WHAT ARE WE TALKING ABOUT?
A: PROBABLY IN THE LOW THIRTIES, MAYBE BELOW FREEZING.
Q: WERE YOU GUYS MAKING ANY NOISE AFTER IT GOT DARK OUT THERE?
A: NOT US. WE WERE PRETTY QUIET.
Q: WERE THERE OTHER PEOPLE IN WASH FOURTEEN?
A: THERE WERE PROBABLY MAYBE FOUR OTHER CAMPS OUT THERE, THREE TO FOUR.
Q: IS THAT A LOT OR A LITTLE?
A: THAT’S PRETTY — THAT’S NOT VERY MANY AT ALL.
Q: HOW MANY HAVE YOU SEEN OUT THERE?
A: THAT’S WHY WE GO OUT THAT FAR. KIND OF GET AWAY FROM CROWDS.
Q: HOW MANY HAVE YOU SEEN IN A WASH LIKE THAT?
A: I MEAN YOU CAN GET UP TO, YOU KNOW, PROBABLY FIFTY, SIXTY CAMPS IN A WASH.
MR. FELDMAN: I’M SORRY, YOUR HONOR. I DIDN’T HEAR.
THE COURT: FIFTY, SIXTY.
MR. FELDMAN: CAMPS. BUT I DIDN’T HEAR THE REST OF IT.
THE WITNESS: FIFTY OR SIXTY CAMPS IN A WASH.
MR. FELDMAN: THANK YOU. I’M SORRY.
BY MR. DUSEK:
Q: THE NEXT MORNING, SUNDAY, ANY IDEA WHAT TIME YOU GOT UP?
A: I WAS KIND OF AWOKEN BY MY DOGS WERE STARTING TO BARK, AND I KIND OF LOOKED OUTSIDE, AND I SAW SOMEBODY APPROACHING MY CAMP, MY TRAILER.
Q: CAN YOU DESCRIBE THAT INDIVIDUAL.
A: PROBABLY MID-FORTIES, GENTLEMAN, KIND OF BALDING. NOTHING, YOU KNOW, REMARKABLE ABOUT HIM.
Q: DO YOU REMEMBER ANYTHING ABOUT HIS CLOTHING?
A: HE WAS KIND OF DRESSED A LITTLE NICER THAN MOST OF US, YOU KNOW. NOT JEANS AND TEESHIRT. HE WAS WEARING A KIND OF A SWEATER, LONG-SLEEVE SHIRT, KIND OF TUCKED IN.
Q: WHAT DO YOU MEAN DRESSED NICER?
A: WELL, NOT SOMEBODY THAT HAD BEEN THERE FOR A LONG TIME OR, I MEAN, I WOULD WAKE UP AND THROW ON TEESHIRT, A SWEATSHIRT, SOMETHING JUST TO GO OUTSIDE.
Q: DO YOU SEE THAT INDIVIDUAL IN COURT TODAY?
A: YES.
Q: WOULD YOU POINT HIM OUT, PLEASE, AND DESCRIBE WHAT HE’S WEARING TODAY.
A: HE’S WEARING A SUIT AND TIE.
Q: THERE ARE THREE OF THEM THERE.
A: AT THE FAR LEFT. HE’S WEARING A GRAY SUIT.
THE COURT: ALL RIGHT. THE RECORD WILL REFLECT IDENTIFICATION.
BY MR. DUSEK:
Q: DID YOU HAVE A CONVERSATION WITH THE DEFENDANT?
A: YES. WE KIND OF SPOKE.
Q: WHERE?
A: OUT IN THE FRONT OF HIS MOTOR HOME WHILE WE WERE TRYING TO HELP HIM GET UNSTUCK.
Q: WHEN YOU FIRST CONTACTED HIM, WHERE WERE YOU WHEN HE FIRST SPOKE WITH YOU?
A: HE CAME AND ASKED FOR HELP AT OUR TRAILER.
Q: AND HOW FAR WAS YOUR TRAILER FROM HIS RIG?
A: MAYBE A HUNDRED AND FIFTY YARDS.
Q: CAN YOU DESCRIBE HIS OUTFIT.
A: IT WAS A LARGE MOTOR HOME, PROBABLY THIRTY-TO-FORTY-FOOT MOTOR HOME.
Q: DID YOU NOTICE IT THAT MORNING BEFORE HE CAME TO YOU?
A: NO. I WAS AWOKEN WHEN HE CAME TO MY TRAILER.
Q: AND ONCE HE GOT THERE, DID YOU — DID HE POINT IT OUT SOMEHOW?
A: PROBABLY. I DON’T KNOW.
Q: WHAT DID YOU NOTICE WHEN YOU FIRST LOOKED AT IT?
A: THAT WAS KIND OF WHEN I — WE GOT IN OUR OTHER VEHICLE AND ACTUALLY DROVE OVER THERE.
Q: WHY DID YOU DO THAT?
A: BECAUSE WE WERE GOING TO TRY TO TOW HIM OUT WITH THE OTHER VEHICLE.
Q: WHAT DID HE TELL YOU WHEN HE FIRST APPROACHED YOU?
A: ASKED FOR OUR ASSISTANCE, SAID HE WAS OUT LOOKING FOR HIS FRIENDS AND ENDED UP GETTING STUCK OUT THERE.
Q: DID HE SAY WHERE HIS FRIENDS WERE SUPPOSED TO BE?
A: HE HAD MENTIONED THAT HE WAS LOOKING FOR HIS FRIENDS IN WASH SIX THAT PREVIOUS EVENING AND DIDN’T SEE THEM. THE AREA WAS CROWDED. FIGURED THEY WOULD PROBABLY CONTINUE ON DOWN THE WASHES TO TRY AND FIND A LESS CROWDED WASH. AND HE WAS IN THE PROCESS OF LOOKING FOR THEM WHEN HIS MOTOR HOME GOT STUCK.
Q: DID HE SAY WHEN THAT WAS?
A: NO, HE DIDN’T SAY EXACTLY.
Q: DID HE ASK TO USE A CELL. PHONE TO TRY TO REACH HIS FRIENDS?
A: NO, HE DIDN’T.
Q: DID YOU GUYS HAVE ONE?
A: YEAH, WE DID.
Q: IS THAT SOMETHING THAT YOU CUSTOMARILY LET PEOPLE USE OUT THERE IF SOMEBODY NEEDS?
A: HE TRIED. USUALLY OUT THAT FAR THE CELL. PHONES DON’T REALLY WORK.
Q: BUT DID HE ASK, DO YOU KNOW?
A: HE DIDN’T ASK.
Q: WHAT DID YOU DO ONCE HE ASKED FOR YOUR HELP?
A: MY FRIEND AND I GOT IN HIS FORD BRONCO AND GRABBED SOME TOW STRAPS AND A SMALL SHOVEL THAT WE HAD AND HEADED OVER TO HIS MOTOR HOME.
Q: WHAT HAPPENED OVER THERE?
A: HE HAD SPENT SOME TIME DIGGING OUT THE REAR TIRES AND STACKED SOME WOOD, LOOKED LIKE IT WAS READY FOR AN ATTEMPT TO TRY AND PULL IT OUT. WENT DOWN, HOOKED UP THE TOW STRAP, AND HOOKED IT UP TO THE OTHER VEHICLE, AND GAVE IT A SHOT. ENDED UP GETTING MY FRIEND’S VEHICLE STUCK.
Q: WHAT TYPE OF VEHICLE DID YOUR FRIEND HAVE?
A: A FORD BRONCO.
Q: DO YOU REMEMBER WHAT COLOR?
A: IT’S A GREEN, KIND OF A FOREST GREEN METALLIC.
Q: AND ONCE HE GOT HIS GREEN BRONCO STUCK, WHAT DID YOU DO?
A: I WALKED BACK OVER TO MY CAMP TO GET MY TRUCK. AND I WAS — TOOK ME ABOUT A HALF AN HOUR TO AIR DOWN MY TIRES, AND THEN I ENDED UP DRIVING BACK OVER THERE AND PULLED OUT MY FRIEND’S BRONCO.
Q: WHAT DO YOU MEAN AIR DOWN YOUR TIRES?
A: IN THE SAND THE MORE PRESSURE YOU HAVE THE LESS TRACTION YOU HAVE. I HAD A LOT OF PRESSURE IN MY TIRES BECAUSE I WAS TOWING A TRAILER. AND I HAD TO LET OUT ABOUT THIRTY POUNDS OF AIR PRESSURE, WHICH TAKES A GOOD AMOUNT OF TIME WITH FOUR TIRES.
Q: HOW DO YOU REINFLATE IT WHEN YOU’RE DONE?
A: I HAVE A LITTLE PUMP WITH ME.
Q: LET ME DIRECT YOUR ATTENTION TO THE PHOTO DISPLAY BOARD BEHIND YOU MARKED EXHIBIT 70, LABELED AT THE TOP “VIDEO STILLS.” DO YOU RECOGNIZE WHAT WE HAVE DEPICTED THERE, SIR?
A: YES. THAT APPEARS TO BE THE MOTOR HOME THAT I TRIED TO GET UNSTUCK.
Q: DOES THAT APPEAR TO BE WHERE IT WAS STUCK?
A: HARD TO SAY EXACTLY. ALL WASHES LOOK THE SAME.
Q: DESCRIBING OR LOOKING AT THE CONDITION, HOW CLOSE THE MOTOR HOME IS TO THE SAND, DOES THAT APPEAR TO BE HOW STUCK IT WAS?
A: YES. ACTUALLY KIND OF LOOKING AT E BECAUSE MY CAMP WAS KIND OF OFF TOWARD THE FRONT AND TO THE LEFT THERE, MAYBE JUST BEHIND THE MOTOR HOME.
Q: LOOKING AT PHOTOGRAPH E, YOU WOULD BE OFF IN THE DISTANCE WHERE THE CAMERA IS AIMING?
A: YEAH. KIND OF, YEAH. EXACTLY.
Q: AND DOES THIS SHOW AT LEAST AROUND THE MOTOR HOME THE OTHER ACTIVITY, THE OTHER CAMPS THAT WEREN’T THERE?
A: YES. IT’S KIND OF CAMPING OUT, IT’S KIND OF A SPARSELY POPULATED AREA ON THOSE WEEKENDS.
Q: WERE YOU GUYS EVER ABLE TO GET HIM OUT OF THE LOCATION THERE?
A: NO. I COULDN’T BUDGE HIM. I TRIED.
Q: DID YOU BREAK ANYTHING?
A: I THINK THE FRONT FASCIA OF THE MOTOR HOME MIGHT HAVE GOTTEN A CRACK IN IT FROM THE TOW STRAP ON THE LAST ATTEMPT.
Q: DESCRIBE THE TOW STRAP.
A: IT’S A NYLON STRAP ABOUT THREE INCHES WIDE, USUALLY HOOK IT UP TO, YOU KNOW, THE TOWING VEHICLE AND THE VEHICLE GETTING TOWED.
Q: DID YOU SEE ANY TRAILER OR A.T.V.’S OR ANY VEHICLES TO USE IN THE SAND AROUND THE DEFENDANT’S MOTOR HOME?
A: NO. THERE WAS NOTHING THERE.
Q: DID YOU TALK TO THE DEFENDANT ABOUT THAT?
A: WE WERE JUST IN PASSING CONVERSATION, HE HAD MENTIONED THAT HE HAD A BLOWOUT, THE TRAILER TIRE WENT FLAT IN EL CENTRO THE PREVIOUS NIGHT, AND HE HAD TO LEAVE IT AT A TIRE SHOP.
Q: WHERE’S EL CENTRO?
A: IT’S PROBABLY ABOUT FORTY-FIVE MINUTES AWAY FROM GLAMIS, KIND OF OFF OF INTERSTATE 8.
Q: THAT’S WHERE HE SAID HIS TRAILER WAS?
A: YES.
Q: DO YOU KNOW IF THE DEFENDANT WAS ABLE TO GET UNSTUCK THAT SUNDAY
A: YES. ‘CAUSE AFTER I HAD TRIED, I SAW ANOTHER VEHICLE SHOW UP AND START DIGGING ON HIS MOTOR HOME. I PROCEEDED TO GO ON A RIDE MYSELF; AND WHEN I GOT BACK, THE MOTOR HOME WAS GONE.
Q: SO YOU DID NOT ACTUALLY SEE THE DEFENDANT’S MOTOR HOME LEAVE THE AREA.
A: I DID NOT.
Q: LATER THAT DAY DID YOU SEE IT ANYWHERE IN THE VICINITY, HE’S OUT ENJOYING THE SUN?
A: I DIDN’T SEE IT. THERE’S A LOT OF MOTOR HOMES, BUT I DIDN’T SEE IT ANYWHERE IN THAT GENERAL VICINITY OF WHERE I WAS.
Q: HOW LONG DID YOU REMAIN THERE THAT WEEKEND?
A: I LEFT PROBABLY AROUND NOON OR 1:00 ON SUNDAY.
Q: DO YOU RECALL SEEING THE DEFENDANT DO ANYTHING WHILE THE FELLOW WHO WAS ACTUALLY ABLE TO GET HIM OUT WAS HELPING HIM OR WERE YOU GONE BY THEN?
A: I WAS GONE. I KIND OF SAW THE INITIAL STARTINGS OF IT AND THEN LEFT.
MR. DUSEK: THANK YOU, SIR.
THE COURT: ALL RIGHT.
CROSS-EXAMINATION.
MR. BOYCE: THANK YOU, YOUR HONOR.
CROSS-EXAMINATION
BY MR. BOYCE:
Q: THE PERSON THAT ASKED YOU TO HELP PULL OUT HIS MOTOR HOME CAME TO YOUR MOTOR HOME ABOUT 8:30 IN THE MORNING.
A: TO MY TRAILER, YES.
Q: AND HOW LONG BEFORE YOU WENT DOWN TO HIS MOTOR HOME TO TRY TO PULL HIM OUT?
A: PROBABLY FIFTEEN MINUTES. I HAD TO GATHER MYSELF IN THE MORNING.
Q: HOW LONG DID IT TAKE YOU TO GET TO HIS MOTOR HOME?
A: MINUTE. HE WAS RIGHT THERE.
Q: NOW, YOU WERE FARTHER OFF THE ROAD IN YOUR MOTOR HOME THAN HE WAS STUCK IN HIS MOTOR HOME, WEREN’T YOU?
A: YES. KIND OF GAUGING THE — USING THE RAILROAD TRACKS AS A GAUGE, I WAS FURTHER TOWARDS THE DUNES.
Q: AND HOW BIG A MOTOR HOME DO YOU HAVE OR HOW BIG A TRAILER?
A: I HAVE A TWENTY-FOUR-FOOT TRAILER.
Q: YOU WERE WITH SOME OTHER PEOPLE THERE?
A: YES.
Q: AND WERE THEY IN THEIR OWN TRAILER?
A: NO. I HAD MY OWN TRAILER, AND THEY STAYED WITH ME.
Q: HOW MANY OF YOU WERE THERE IN YOUR TRAILER?
A: FOUR OF US TOTAL.
Q: DID YOU HAVE ANY OTHER VEHICLES OUT THERE BESIDES THE — YOUR A.T.V.’S YOU HAVE DESCRIBED AND THE TRAILER?
A: I HAD MY TRUCK TOWING MY TRAILER, AND THEN THE FORD BRONCO THAT MY FRIENDS DROVE IN.
Q: SO YOU HAD THREE VEHICLES, IS THAT RIGHT?
A: TWO TRUCKS AND A TRAILER, YES.
Q: AND HOW MANY PEOPLE?
A: FOUR.
Q: WHEN HE CAME OVER AND ASKED FOR HELP, DID YOU OFFER YOUR CELL. PHONE?
A: NO, I DID NOT.
Q: DID YOU HAVE A CELL. PHONE OR WAS IT SOMEBODY ELSE THAT WAS WITH YOU?
A: I HAD MY CELL. PHONE.
Q: BUT LIKE YOU TOLD US, IT DOESN’T USUALLY WORK OUT THAT FAR.
A: NO, IT DOES NOT.
Q: WHEN YOU WENT TO HIS MOTOR HOME, YOU SPENT ABOUT AN HOUR TRYING TO PULL HIM OUT.
A: PROBABLY BE CLOSER TO AN HOUR AND A HALF.
Q: AND WAS THAT AFTER YOU WERE IN THE — OR HE ATTEMPTED TO DIG AROUND THE WHEELS?
A: I DON’T KNOW. I MEAN WHEN I GOT THERE, THE WHEELS HAD ALREADY BEEN DUG AND WOOD PLANTED. WHEN I SHOWED UP, IT WAS ALL DONE.
Q: SO THERE WASN’T ANY DIGGING THAT WAS DONE BY HIM WHEN YOU WERE THERE.
A: I WAS DIGGING TO GET MY FRIEND’S TRUCK UNSTUCK.
Q: BUT AS FAR AS THE MOTOR HOME THAT WAS STUCK, YOU DIDN’T ASSIST IN —
A: NO, I DIDN’T DIG ANY, NO.
Q: THE WOOD THAT YOU DESCRIBED WAS ALREADY OUT UNDER THE WHEELS?
A: M-HM.
Q: YOU HAVE TO ANSWER YES OR NO.
A: YES.
Q: AND THIS APPEARED TO BE SOME SCRAP WOOD, IS THAT RIGHT?
A: IT’S KIND OF THE WOOD THAT YOU BUY AT A GROCERY STORE ALL PREPACKAGED IN A PIECE OF PLASTIC.
Q: YOU DIDN’T NOTICE ANYTHING FANCY ABOUT THE WOOD AT ALL?
A: NO. JUST WOOD.
Q: DIDN’T NOTICE THAT IT WOULD BE USED FOR ANY OTHER PURPOSE THAN PERHAPS FIREWOOD?
A: NO. IT LOOKED LIKE FIREWOOD.
Q: AND DURING THIS DISCUSSION YOU HAD WITH THE PERSON, HE SAID HE WAS LOOKING FOR HIS FRIENDS.
A: YES.
Q: AND THAT HE HAD SPENT THE NIGHT OUT THERE.
A: YES.
Q: AND YOU’VE SEEN OTHER MOTOR HOMES STUCK OUT IN THAT AREA, HAVEN’T YOU?
A: YES.
Q: YOU SAID THAT WHEN YOU ATTEMPTED TO HELP PULL OUT THE MOTOR HOME YOU BROKE YOUR FRONT FASCIA.
A: NO. IT WAS ACTUALLY THE MOTOR HOME’S FRONT FASCIA.
Q: WHAT IS THAT EXACTLY?
A: LIKE THE LOWER — THE PART CLOSEST TO THE GROUND. USUALLY PROBABLY A FIBERGLASS OR PLASTIC SHROUD AROUND THE FRONT JUST UNDERNEATH THE FRONT BUMPER, IS PART OF THE FRONT BUMPER.
Q: WHAT DID YOU NOTICE ABOUT IT THAT WAS BROKEN?
A: I DIDN’T ACTUALLY SEE IT. MY FRIEND WITNESSED IT, AND HE TOLD ME THAT. I WAS IN THE VEHICLE DRIVING, AND HE WAS BACK KIND OF STANDING OFF. HE SAID IT HAD BASICALLY A CRACK THE WIDTH OF THE TOW STRAP.
Q: AT SOME POINT YOUR TRUCK GOT STUCK, IS THAT RIGHT?
A: MY TRUCK DID NOT. MY FRIEND’S TRUCK.
Q: YOUR FRIEND’S TRUCK GOT STUCK.
A: YES.
Q: AND THEN YOU WENT BACK TO YOUR CAMP TO GET YOUR TRUCK.
A: CORRECT.
Q: HOW LONG DID THIS PROCESS TAKE FROM THE TIME THAT YOUR FRIEND’S TRUCK WAS STUCK UNTIL THE TIME THAT YOU WERE ABLE TO PULL HIM OUT?
A: PROBABLY A GOOD HALF AN HOUR TO MAYBE FORTY-FIVE MINUTES.
Q: AND THIS IS IN ADDITION TO THE HOUR OR SO THAT YOU WERE ATTEMPTING TO HELP PULL —
A: NO. THAT KIND OF INCLUDES THE WHOLE TIME.
Q: AFTER YOU GOT YOUR FRIEND’S TRUCK PULLED OUT, YOU WENT BACK TO YOUR CAMPSITE?
A: I GAVE IT A SHOT OF TRYING TO PULL HIS MOTOR HOME OUT WITH MY TRUCK, AND I COULDN’T BUDGE IT.
Q: AND THEN YOU RETURNED TO YOUR CAMPSITE?
A: AND THEN I RETURNED TO MY CAMP.
Q: AT SOME POINT YOU SAW ANOTHER VEHICLE TRYING TO PULL OUT THE MOTOR HOME.
A: YES. SOMEHOW IN THE TIME I THINK I WAS GETTING MY TRUCK, AIRING DOWN THE TIRES, I WANT TO SAY A MOTORCYCLIST CAME BY, AND HE ENDED UP GETTING SENT DOWN TO AN AREA TO GET A TOW TRUCK DRIVER.
Q: WHO SENT HIM DOWN TO GET —
A: I’M NOT POSITIVE HOW THAT HAPPENED.
Q: WAS IT THE PERSON WITH THE MOTOR HOME THAT SENT HIM DOWN?
A: I WOULD GUESS THAT WOULD BE WHO WOULD DO IT.
Q: WERE THERE OTHER PEOPLE AROUND AT THE TIME THAT THIS MOTORCYCLE WAS SENT DOWN TO GET HELP? WERE THERE OTHER PEOPLE AROUND FROM OTHER CAMPSITES?
A: NO. JUST MYSELF AND MY FRIEND.
Q: DID THE PERSON — DID ANYBODY ELSE ARRIVE BEFORE YOU LEFT TO HELP PULL OUT THE MOTOR HOME?
A: I KNOW A KIND OF AN OLDER TRUCK SHOWED UP AS I WAS GETTING READY TO LEAVE AND GO ON MY RIDE. I ALREADY HAD BEEN KIND OF DONE OVER AT THE MOTOR HOME. I LEFT. I SAW SOMEBODY SHOW UP IN A TOW TRUCK. IT WOULD BE A TRUCK WHICH I ASSUMED WAS THE TOW TRUCK DRIVER COMING TO HELP HIM OUT. AND I SAW THEM BEGIN TO DIG MORE WITH ANOTHER SHOVEL.
Q: THIS WAS JUST ONE PERSON SHOWED UP WITH AN OLDER TRUCK?
A: I COULDN’T SAY. I DON’T KNOW.
Q: MIGHT HAVE BEEN MORE THAN ONE PERSON?
A: IT MIGHT HAVE BEEN MORE THAN ONE PERSON.
Q: THE PERSON THAT YOU SAW, DID THIS PERSON HAVE KIND OF LONG HAIR?
A: I COULDN’T TELL YOU. I WAS FAR ENOUGH AWAY I COULDN’T REALLY SEE HIM.
Q: AND WHAT DID YOU SEE THIS PERSON DO?
A: I SAW THEM BEGIN TO DIG. I KIND OF SAW SAND FLYING. AND THAT’S ALL I NOTED.
Q: AND THE PERSON WITH THE MOTOR HOME WAS TALKING TO THE PERSON THAT WAS DIGGING?
A: I CAN’T SAY.
Q: DO YOU KNOW WHERE THE PERSON WITH THE MOTOR HOME WAS WHEN THIS PERSON ARRIVED STARTED TO DIG?
A: I DO NOT.
Q: DO YOU KNOW WHAT TIME, ABOUT, IT WAS THAT THIS OTHER PERSON ARRIVED THAT HELPED TRY TO DIG THE MOTOR HOME OUT?
A: PROBABLY AROUND 10:30.
Q: AND YOU LEFT AT SOME POINT.
A: TO GO HOME OR TO GO ON A RIDE?
Q: TO GO ON A RIDE.
A: YES.
Q: HOW MUCH LATER DID YOU NOTICE THAT THE MOTOR HOME WAS NO LONGER THERE?
A: USUALLY ABOUT THREE HOURS A RIDE TAKES. IT WAS PROBABLY TWO, MAYBE TWO, TWO HOURS BEFORE I GOT BACK.
Q: YOU’RE NOT SURE EXACTLY WHAT TIME?
A: NO, I’M NOT POSITIVE.
Q: YOU DON’T KNOW IF IT MOVED TO ANOTHER WASH OR NOT, DO YOU?
A: I HAVE NO IDEA.
Q: BEFORE YOU CAME TO COURT TODAY — BY THE WAY, WHO CONTACTED YOU FIRST REGARDING THIS CASE?
A: I ENDED UP CONTACTING LIKE “CRIME STOPPERS” I BELIEVE.
Q: AND THAT WAS BECAUSE YOU SAW SOME MEDIA COVERAGE OF THIS CASE?
A: I ENDED UP SEEING A PICTURE. I DIDN’T REALLY PAY ATTENTION TO IT FOR THE FIRST FEW WEEKS, AND IT HAD BEEN GETTING MORE AND MORE IN THE MEDIA, AND I SAW A PICTURE OF THE DEFENDANT THERE ON THE T.V.
Q: YOU NOTICED QUITE A BIT OF MEDIA COVERAGE IN OTHER WORDS.
A: IN THE BEGINNING, YEAH. IT KIND OF BUILT UP.
Q: AND YOU CONTACTED A DETECTIVE AND YOU WERE INTERVIEWED FOR THE FIRST TIME ON FEBRUARY 25TH.
A: I BELIEVE SO.
Q: THIS WAS A LITTLE OVER THREE WEEKS AFTER THE OBSERVATIONS AND CONVERSATIONS YOU HEARD OUT IN THE DESERT, IS THAT RIGHT?
A: SAY THAT AGAIN.
Q: THIS WAS A LITTLE OVER THREE WEEKS THAT YOU HAD OVERHEARD THESE CONVERSATIONS AND MADE THESE OBSERVATIONS IN THE DESERT.
A: YES. IT HAD BEEN THREE WEEKS SINCE THE TIME I WAS OUT THERE LAST.
Q: YOU DIDN’T MAKE ANY NOTES OF WHAT OCCURRED OUT IN THE DESERT, DID YOU?
A: NO. JUST MENTAL NOTES.
Q: WHEN — HOW MANY DIFFERENT TIMES WERE YOU INTERVIEWED BY THE POLICE?
A: BY THE POLICE?
Q: WELL, BY ANYBODY REGARDING THIS CASE.
A: I WAS CONTACTED BY THE POLICE, DID AN INTERVIEW. I THINK I HAD A COUPLE OF FOLLOWUPS. ONCE OR TWICE BY THE DEFENSE. AND MAYBE ONCE OR TWICE AGAIN BY THE DISTRICT ATTORNEY’S OFFICE.
Q: WHEN YOU WERE INTERVIEWED, WERE YOU INTERVIEWED ALONE OR WERE YOU WITH OTHER PEOPLE?
A: I WAS ALONE ON THE PHONE.
Q: I’M SORRY?
A: I WAS ALONE ON THE PHONE.
Q: WHEN YOU WERE INTERVIEWED IN PERSON, WERE YOU WITH SOMEBODY ELSE?
A: I WAS NOT INTERVIEWED IN PERSON UNTIL I GOT HERE.
Q: DID YOU COME WITH ANYBODY ELSE THAT IS A WITNESS?
A: NOT TODAY. OH, THERE’S OTHER WITNESSES, BUT I DIDN’T COME WITH ANYBODY.
Q: WHEN YOU WERE INTERVIEWED TODAY, WERE YOU WITH THOSE OTHER WITNESSES WHEN YOU WERE INTERVIEWED?
A: YES.
Q: AND THE PEOPLE THAT INTERVIEWED YOU, ARE THEY THE THREE PEOPLE THAT ARE AT THE OTHER END OF THE TABLE?
A: YES.
Q: THAT IS MR. DUSEK, MR. CLARKE, AND SERGEANT HOLMES.
A: YES, THEY ARE.
Q: WERE YOU GIVEN A REPORT OF YOUR INITIAL INTERVIEW TO REVIEW?
A: YES, I WAS.
Q: AND DID YOU REVIEW THAT REPORT?
A: YES, I DID.
Q: WERE THERE ANY INACCURACIES IN THAT REPORT?
A: JUST THE SPELLING OF MY LAST NAME.
Q: IN THAT REPORT BY — THE SPELLING OF YOUR LAST NAME, YOU GAVE US YOUR CORRECT SPELLING TODAY.
A: YES. THEY ADDED AN EXTRA I.
Q: BUT AS FAR AS THE SUBSTANCE OF THE REPORT, THE DATES, TIMES, AND WHAT OCCURRED, AND WHAT WAS SAID, THOSE WERE ACCURATE IN THE REPORT?
A: YES.
Q: AND THAT REPORT WAS BY DETECTIVE RORRISON, WASN’T IT?
A: I BELIEVE SO.
Q: WHILE YOU WERE RIDING YOUR A.T.V. AND YOUR FRIENDS WERE RIDING THEIR A.T.V.’S, I BELIEVE YOU SAID YOUR WIFE STAYED IN THE CAMPSITE. IS THAT RIGHT?
A: YES.
Q: SHE SAT AROUND ENJOYING THE SUN.
A: SHE WAS INSIDE.
Q: SHE WAS ENJOYING THE DAY ANYWAY.
A: YES. SHE WAS INSIDE.
Q: YOU ALSO TOLD US THAT THERE WERE APPROXIMATELY THREE OR FOUR OTHER CAMPS THAT SATURDAY NIGHT THAT YOU NOTICED.
A: YES.
Q: IN THAT AREA.
A: YEAH. IN THE GENERAL AREA OF WASH FOURTEEN AND FIFTEEN.
Q: AND YOU WEREN’T MAKING ANY NOISE, BUT ONE OF THE OTHER CAMPS OR MORE THAN ONE OF THE OTHER CAMPS WAS MAKING NOISE.
A: I’M NOT POSITIVE. SOME WEEKENDS THERE WAS NOISE OUT THERE; SOME MORE THAN OTHERS. I’M NOT POSITIVE ABOUT THAT.
Q: YOU DON’T HAVE A SPECIFIC RECOLLECTION RIGHT NOW.
A: OF NOISE, NO, I DON’T.
Q: REFERRING TO EXHIBIT 70, THAT’S THE MOTOR HOME THAT YOU SAW OUT IN THE DESERT, CORRECT?
A: YES, I BELIEVE SO.
Q: AND PHOTOGRAPH E, IS THAT THE CONDITION OF THE MOTOR HOME THAT YOU FOUND IT IN WHEN YOU WENT OUT THERE?
A: YES. SOMETHING LIKE THAT. I THINK ALL THOSE FOOTPRINTS IN E IS FROM WHEN I WAS OUT THERE TRYING TO GET IT UNSTUCK.
Q: AND THE SHADES WERE NOT DRAWN, THEY WERE OPEN, YOU COULD SEE THROUGH THE WINDOWS.
A: I CAN’T RECALL.
Q: YOU DON’T RECALL ANYTHING DIFFERENT, THOUGH, THAN WHAT’S IN THAT PHOTOGRAPH, THOUGH.
A: NO.
MR. BOYCE: NOTHING FURTHER.
THE COURT: ANYTHING FURTHER?
MR. DUSEK: YES.
REDIRECT EXAMINATION
BY MR. DUSEK:
Q: FIRST OF ALL, REGARDING WHEN WE SPOKE WITH YOU TODAY.
A: M-HM.
Q: DID YOU COME DOWN HERE ALONE FROM LONG BEACH?
A: YES, I DID.
Q: AND WHERE DID YOU MEET WITH SOMEBODY FROM THE DISTRICT ATTORNEY’S OFFICE?
A: THE HALL OF JUSTICE.
Q: OVER ON THE ELEVENTH FLOOR?
A: YES.
Q: WERE YOU THEN TAKEN TO A ROOM SOME PLACE?
A: YES. A ROOM RIGHT NEXT DOOR.
Q: AND WHEN YOU WERE INTERVIEWED BY MYSELF, MR. HOLMES, AND MR. CLARKE, WHO ELSE WAS PRESENT?
A: NOBODY ELSE.
Q: SO YOU WERE INTERVIEWED JUST ONE ON ONE?
A: YES.
MR. FELDMAN: OBJECTION. MISSTATES THE EVIDENCE. THREE ON ONE.
BY MR. DUSEK:
Q: HOW MANY OTHER WITNESSES WERE IN THAT ROOM TO BE INFLUENCED BY WHAT YOU HAD TO SAY?
A: NONE.
Q: NONE, RIGHT?
A: CORRECT.
Q: AND WERE YOU TOLD WHY WE WERE DOING THAT?
A: JUST TO —
MR. FELDMAN: OBJECTION. CALLS FOR HEARSAY.
THE COURT: OVERRULED.
YOU MAY ANSWER.
BY MR. DUSEK:
Q: WERE YOU TOLD WHY YOU WERE TAKEN TO ANOTHER ROOM TO BE INTERVIEWED?
A: YES, I WAS.
Q: WHAT WERE YOU TOLD?
MR. FELDMAN: HEARSAY.
THE COURT: OVERRULED.
MR. FELDMAN: OBJECTION.
THE WITNESS: I WAS TOLD SO THAT WE DIDN’T HEAR THE OTHER WITNESSES’ STATEMENTS.
BY MR. DUSEK:
Q: AND WERE YOU TOLD WHETHER OR NOT YOU SHOULD DISCUSS YOUR STATEMENTS WITH THE OTHER WITNESSES?
A: I WAS TOLD NOT TO.
Q: AND DID YOU COMPLY WITH THAT?
A: YES, I DID.
Q: THE TRUCK THAT YOU HAD OUT THERE, FOUR-WHEEL DRIVE?
A: YES, IT WAS.
Q: HOW DOES THAT ALLOW YOU TO DRIVE ON THE SAND, GOOD OR BAD?
A: FOUR-WHEEL DRIVE GIVES ME BETTER TRACTION. I CAN GO A LITTLE FURTHER IN THE SAND THAN A TWO-WHEEL DRIVE.
Q: THE TYPE OF SURFACE THAT YOU PARKED ON, DO YOU RECALL THAT?
A: IT WAS KIND OF HARDTACK SURFACE BUT KIND OF SOFTER SAND UNDERNEATH.
Q: WHERE THE DEFENDANT STOPPED HIS MOTOR HOME OR IT WAS STOPPED, HOW FAR OFF THE HARDPAN WAS THAT?
A: HE WAS PROBABLY MAYBE TWENTY, THIRTY YARDS FROM THE HARDPAN.
Q: AND BY LOOKING AT THE WHEELS IN PHOTOGRAPH LOOKS LIKE E IS PROBABLY THE BEST SHOT OF THE WHEELS, —
A: M-HM.
Q: — COULD YOU TELL — FIRST OF ALL, DO YOU KNOW WHAT LEVELERS ARE?
A: YES.
Q: WOODEN LEVELERS?
A: YES.
Q: COULD YOU TELL WHETHER OR NOT THERE WERE ANY WOODEN LEVELERS DOWN UNDERNEATH THE TIRES FROM YOUR OBSERVATION?
A: NO, I CANNOT TELL.
Q: AND ALL YOU SAW WAS LIKE FIREWOOD?
A: WAS FIREWOOD.
Q: DID YOU SEE ANYBODY DIGGING AROUND THAT MOTOR HOME?
A: NOT UNTIL LATER IN THE DAY.
Q: AND WHO DID YOU SEE DIGGING?
A: THE TOW TRUCK DRIVER OR, YOU KNOW, ONE OF THE GUYS THAT CAME IN THE TOW TRUCK.
Q: AND YOU INDICATED THAT SOME MOTORCYCLE DRIVER WENT OFF FOR HELP YOU THINK.
A: I BELIEVE SO.
Q: WHERE WERE YOU WHEN YOU SAW THE MOTORCYCLE RIDER?
A: I WAS OVER AIRING DOWN MY TIRES AT MY TRAILER.
Q: AND THE MOTORCYCLE WENT WHERE?
A: NORTH TOWARDS THE GLAMIS STORE, WHICH IS PROBABLY TWO MILES AWAY.
Q: SO BEFORE HE WENT TO THE GLAMIS STORE, HAD HE GONE BY THE MOTOR HOME?
A: HE HAD TO HAVE.
Q: ALL RIGHT.
AND YOU WERE NOT THERE TO SEE OR HEAR WHAT WAS SAID.
A: NO, I WAS NOT.
Q: SO YOU DON’T KNOW WHO IT WAS THAT SENT HIM OFF TO THE STORE.
A: NO, I DON’T.
MR. DUSEK: THANK YOU, SIR.
THE COURT: ALL RIGHT.
ANYTHING FURTHER, MR. BOYCE?
RECROSS-EXAMINATION
BY MR. BOYCE:
Q: WHEN YOU HEARD THIS MEDIA COVERAGE, THIS EXTENSIVE MEDIA COVERAGE IN THE PRESS, YOU WERE IN LONG BEACH, IS THAT RIGHT?
A: YES.
Q: YOU MENTIONED LEVELERS. DO YOU KNOW WHAT HYDRAULIC LEVELERS ARE?
A: M-HM.
Q: YOU HAVE TO ANSWER YES OR NO.
A: YES. SORRY.
Q: HYDRAULIC LEVELERS ARE LEVELERS THAT ARE INTERNAL IN THE MOTOR HOME, IS THAT CORRECT?
A: CORRECT.
Q: IS THAT —
A: CORRECT.
Q: AND IF YOU HAVE HYDRAULIC LEVELERS, YOU DON’T NEED WOOD LEVELERS, DO YOU?
A: I DON’T THINK SO.
MR. BOYCE: I HAVE NOTHING FURTHER, YOUR HONOR.
THE COURT: ANYTHING FURTHER?
FURTHER REDIRECT EXAMINATION
BY MR. DUSEK:
Q: DO YOU KNOW?
A: I DON’T KNOW.
Q: DID YOU SEE ANY HYDRAULIC LEVELERS AROUND THIS MOTOR HOME STUCK IN THE SAND?
A: I DID NOT.
MR. DUSEK: THANK YOU, SIR.
THE COURT: ANYTHING FURTHER?
FURTHER RECROSS-EXAMINATION
BY MR. BOYCE:
Q: WOULD YOU NECESSARILY SEE HYDRAULIC LEVELERS?
A: I’M NOT REALLY FAMILIAR WITH MOTOR HOMES.
MR. BOYCE: NOTHING FURTHER.
THE COURT: IS THIS WITNESS TO BE EXCUSED?
MR. DUSEK: YES.
THE COURT: ALL RIGHT.
THANK YOU, SIR, FOR COMING IN. YOU ARE FREE TO LEAVE THESE PROCEEDINGS.
REMEMBER THE ADMONITION NOT TO DISCUSS YOUR TESTIMONY WITH ANYONE UNTIL THE MATTER IS CONCLUDED.
THE WITNESS: OKAY.
THE COURT: THANK YOU.
(THE WITNESS WAS EXCUSED.)
THE COURT: ALL RIGHT. LADIES AND GENTLEMEN, WE’RE GOING TO GO AHEAD AND TAKE THE MORNING BREAK.
PLEASE REMEMBER THE ADMONITION OF THE COURT NOT TO DISCUSS ANY OF THE EVIDENCE OR TESTIMONY AMONG YOURSELVES OR WITH OTHERS NOR FORMULATE OR EXPRESS ANY OPINIONS ON THE MATTER UNTIL IT IS SUBMITTED TO YOU FOR DECISION.
LET’S BE IN BREAK UNTIL 10:40, PLEASE. TWENTY MINUTES TO 11:00.
(RECESS, 10:24 O’CLOCK, A.M., TO 10:40 O’CLOCK, A.M.)
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