31 – Day 8- June 17th 2002 – Transcript criminal trial David Westerfield

DAY 8 – SAN DIEGO, CALIFORNIA, MONDAY, JUNE 17, 2002, (afternoon 2)


WITNESSES:
Terrance Neal Torgersen (detective police officer homicide unit, located Westerfield’s clothing at Twin Peaks drycleaners and picked them up)
Rosalyn Youngblood (worked at Chevron Bank, testified about records of Westerfield using his Chevron card to buy gas Feb 2nd-Feb 4th 2002)
Ronald Hugh Dougherty (police officer, went to Chevron station on Feb 13th 2002 to check receipts from gas pump)


5172
1 THE COURT: WELCOME BACK, LADIES AND GENTLEMEN.

2 ALL RIGHT. MR. DUSEK.

3

4 BY MR. DUSEK:

5 Q. DURING THE BREAK, DETECTIVE TORGERSON, DID YOU HELP

6 US MARK AND ISOLATE SOME OF THESE EXHIBITS?

7 A. YES, I DID.

8 (MARKED FOR ID: = TRIAL EX. 78-BROWN BAG/CONTENTS)

9 Q. LET’S START HOPEFULLY WITH THE FIRST ONE. WE’VE

10 HAD MARKED AS COURT’S EXHIBIT 78 THIS BROWN PAPER BAG. IT

11 CONTAINS SEVERAL ITEMS. ONE OF THEM THAT’S BEEN MARKED AS

12 COURT’S EXHIBIT 78A IS A WHITE PIECE OF PAPER, CONTAINS AN

13 OBJECT. COULD YOU OPEN THAT UP?

14 A. YES.

15 Q. AND SHOW US AND TELL US WHAT IT IS?

16 A. GOT SOME SMALL GLOVES HERE, SORRY.

17 THIS IS ONE OF THE FLORAL PILLOW COVERS THAT I

18 RECOVERED FROM THE CLEANERS.

19 (MARKED FOR ID: = TRIAL EX. 78A-PILLOW COVER)

20 (MARKED FOR ID: = TRIAL EX. 78B-PILLOW COVER)

21 Q. ALL RIGHT. THAT LOOKS PRETTY GOOD.

22 LET ME GIVE YOU COURT’S EXHIBIT 78B, ANOTHER WHITE

23 PIECE OF PAPER SURROUNDING AN ITEM. WHAT IS THAT?

24 A. THAT IS THE SECOND FLORAL PILLOW COVER.

25 Q. DOES IT APPEAR TO BE IDENTICAL TO THE ONE IN 78A?

26 A. YES, IT IS.

27 (MARKED FOR ID: = TRIAL EX. 78C – COMFORTER )

28 Q. AND WE’VE HAD MARKED AS COURT’S EXHIBIT 78C ANOTHER
5173
1 WHITE PAPER BAG CONTAINING AN ITEM. WHAT’S ENCLOSED THERE?

2 A. IT IS THE BEDSPREAD OR THE COMFORTER THAT WAS

3 RECOVERED FROM THE CLEANERS, THE SAME FLORAL PATTERN.

4 Q. DON’T BRING IT ALL OUT. JUST SO WE SEE THE SAME

5 PATTERN. DO THEY APPEAR TO BE THE SAME PATTERN AS THE PILLOW

6 COVERS IN 78A AND “B”?

7 A. YES, IT DID.

8 (MARKED FOR ID: = TRIAL EX. 79 – COMFORTER )

9 Q. ALL RIGHT.

10 WE’VE HAD MARKED AS COURT’S EXHIBIT 79 ANOTHER

11 LARGE BROWN PAPER BAG CONTAINING WHAT LOOKS LIKE ONE ITEM.

12 THAT’S MARKED AS NOTHING. THAT DOES NOT APPEAR TO HAVE — THAT

13 APPEARS TO STILL JUST BE NUMBER 79. WHAT’S CONTAINED WITHIN

14 THAT?

15 A. THIS IS A COMFORTER, THE OTHER COMFORTER THAT WAS

16 TAKEN FROM THE CLEANERS, STRIPED COMFORTER.

17 Q. COULD YOU HOLD IT UP SO ALL THE JURORS CAN AT LEAST

18 SEE THE COLOR?

19 A. (WITNESS COMPLYING.)

20 Q. ALL RIGHT. THANK YOU, SIR.

21 (MARKED FOR ID: = TRIAL EX. 80, BAG/CONTENTS)

22 Q. AND WE’VE HAD MARKED AS COURT’S EXHIBIT 80 ANOTHER

23 LARGE BROWN PAPER BAG CONTAINING SEVERAL ITEMS. ONE OF THEM

24 BEING MARKED AS 80A, A WHITE PAPER BAG. COULD YOU OPEN THAT FOR

25 US AND SHOW US WHAT’S INSIDE?

26 (MARKED FOR ID: = TRIAL EX. 80A-BLACK T-SHIRT)

27 A. THIS IS GOING TO BE A BLACK T-SHIRT STILL WRAPPED

28 IN THE PLASTIC THAT IT CAME IN.
5174
1 Q. THE PLASTIC IS FROM THE DRY CLEANERS?

2 A. YES.

3 Q. THANK YOU, SIR.

4 (MARKED FOR ID: = TRIAL EX. 80B, BLACK PANTS)

5 Q. CONTAINED WITHIN THE BAG MARKED 80 IS ANOTHER ITEM

6 MARKED 80B. WOULD YOU OPEN THAT ONE UP AND SHOW US WHAT IT IS?

7 A. THIS WILL BE THE BLACK PANTS THAT CAME FROM THAT

8 DRY CLEANERS.

9 Q. STILL IN THE BAG ITSELF?

10 A. STILL IN THE SAME PLASTIC IT WAS RECEIVED IN.

11 Q. WHAT TYPE OF PANTS ARE THESE, SIR?

12 A. THEY LOOK LIKE THEY’RE DENIM PANTS.

13 Q. IS THERE A BRAND ON THE BACK SIDE?

14 A. WRANGLERS.

15 (MARKED FOR ID: = TRIAL EX. 80C-BLACK SWEATER)

16 Q. ALL RIGHT. THANK YOU. ALSO CONTAINED IN THAT SAME

17 BAG IS AN ITEM MARKED 80C. WOULD YOU OPEN THAT UP PLEASE AND

18 SHOW US WHAT IT IS?

19 A. THIS IS THE BLACK SWEATER STILL IN ITS PLASTIC

20 WRAPPING FROM THE CLEANERS.

21 Q. ALL RIGHT. THANK YOU, SIR.

22 AND THE FINAL ITEM IS MARKED 80D. WOULD YOU OPEN

23 THAT UP AND SHOW US WHAT’S INSIDE?

24 (MARKED FOR ID: = TRIAL EX. 80D-GREEN JACKET)

25 A. THIS IS A — WHAT APPEARS TO BE A GREEN SPORT

26 JACKET STILL IN THE ORIGINAL PLASTIC WRAP.

27 Q. APPEARS TO BE SOME PAPERWORK CONTAINED WITHIN THIS

28 ENVELOPE. DO YOU RECOGNIZE WHAT THAT IS?
5175
1 A. THIS IS THE RECEIPT FROM THE DRY CLEANERS. IT SAYS

2 ITEM — ONE ITEM, ONE SPORT JACKET.

3 Q. DOES IT HAVE A RECEIPT NUMBER?

4 A. YES. THE RECEIPT NUMBER IS D-54105 WITH THE

5 INITIAL “D” LAST NAME OF WESTERFIELD.

6 Q. APPEARS TO BE ANOTHER PIECE OF PAPER INSIDE THIS

7 ENVELOPE. WHAT IS THAT?

8 A. THAT IS JUST A PURPLE LAUNDRY TAG AND THE BACK OF

9 THE FORM, THE PRINTED FORM.

10 Q. ALL RIGHT. THANK YOU, DETECTIVE.

11 ONCE YOU RECEIVED CUSTODY OF THESE ITEMS FROM THE

12 DRY CLEANERS, WHAT DID YOU DO WITH THEM?

13 A. I TOOK THEM DOWN TO POLICE HEADQUARTERS AND

14 EMPOUNDED THEM IN THE LAB.

15 Q. DID YOU GIVE THEM TO ANYBODY?

16 A. YES.

17 Q. WHO?

18 A. KAREN LEALCALA WHO IS THE EVIDENCE TECH THAT WAS

19 WORKING THIS CASE.

20 MR. DUSEK: ALL RIGHT. AND THANK YOU, SIR.

21 THE COURT: ALL RIGHT.

22 CROSS-EXAMINATION.

23 MR. BOYCE: THANK YOU, YOUR HONOR.

24

25 CROSS-EXAMINATION +

26 BY MR. BOYCE:

27 Q. DETECTIVE, LET ME SEE IF I UNDERSTAND THIS.

28 THE FIRST TIME YOU WENT TO THE TWIN PEAKS DRY
5176
1 CLEANERS IN CONNECTION WITH THIS CASE WAS ON FEBRUARY 8TH AT 10

2 O’CLOCK, IS THAT RIGHT?

3 A. NO.

4 Q. I’M SORRY, FEBRUARY 6TH; IS THAT CORRECT?

5 A. THAT IS CORRECT.

6 Q. AND YOU WENT THERE AT APPROXIMATELY 2 O’CLOCK IN

7 THE AFTERNOON, IS THAT RIGHT?

8 A. THAT IS CORRECT.

9 Q. BEFORE GOING THERE YOU HAD INFORMATION THAT DAVID

10 WESTERFIELD HAD TOLD THE POLICE THAT HE WENT TO THE DRY

11 CLEANERS?

12 MR. DUSEK: OBJECTION, CALLS FOR SPECULATION, HEARSAY.

13 THE COURT: SUSTAINED.

14

15 BY MR. BOYCE:

16 Q. YOU WERE PROVIDED SOME INFORMATION BEFORE GOING TO

17 THE DRY CLEANERS, CORRECT?

18 A. YES.

19 Q. AND YOU WERE PROVIDED WITH THIS INFORMATION BEFORE

20 GOING TO THE DRY CLEANERS ON FEBRUARY 6TH?

21 A. I WAS PROVIDED WITH INFORMATION THAT TWIN PEAKS

22 CLEANERS COULD POSSIBLY BE THE ORIGIN OF THAT RECEIPT.

23 (MARKED FOR ID: = TRIAL EX. 81-CLEANERS RECEIPT)

24 Q. AND WHEN YOU SAY THE ORIGINATION OF THE RECEIPT,

25 SHOWING YOU EXHIBIT WHAT’S BEEN MARKED AS EXHIBIT 81, DO YOU SEE

26 THE RECEIPT THAT YOU WENT TO THE DRY CLEANERS WITH ON FEBRUARY

27 6TH?

28 A. I SEE A PHOTOCOPY OF ONE OF THE RECEIPTS THAT LOOKS
5177
1 SIMILAR TO WHAT I HAD, YES.

2 Q. WHICH RECEIPT IS ON THAT?

3 A. I COULDN’T TELL YOU. THEY’RE BOTH THE SAME.

4 Q. AND WHEN YOU WENT TO THE DRY CLEANERS YOU CONTACTED

5 AN EMPLOYEE ON FEBRUARY 6TH, DIDN’T YOU?

6 A. YES, I DID.

7 Q. AND THAT EMPLOYEE WAS JULIE MILLS, WASN’T IT?

8 A. YES.

9 Q. AND SHE TOLD YOU THAT SHE HAD TAKEN SOME DRY

10 CLEANING IN FROM MR. WESTERFIELD ON FEBRUARY 4TH, CORRECT?

11 A. YES.

12 Q. AND SHE TOOK IT IN IN THE MORNING, CORRECT?

13 A. THAT IS CORRECT.

14 Q. AND YOU SHOWED HER THE RECEIPT THAT YOU HAD BEEN

15 GIVEN; IS THAT CORRECT?

16 A. A PHOTOCOPY OF IT, YES.

17 Q. AND IN RESPONSE TO SHOWING HER THE RECEIPT, MS.

18 MILLS BROUGHT SOME DRY CLEANING OUT TO YOU; IS THAT CORRECT?

19 A. YES, EVENTUALLY.

20 Q. AND THE DRY CLEANING SHE BROUGHT OUT TO YOU IN

21 RESPONSE TO SHOWING HER THE RECEIPT WAS A BLACK T-SHIRT, A BLACK

22 PAIR OF PANTS AND A BLACK SWEATER STILL IN THE GARMENT BAG; IS

23 THAT CORRECT?

24 A. THAT IS CORRECT.

25 Q. THAT’S THE DRY CLEANING THAT SHE TOLD YOU THAT MR.

26 WESTERFIELD GAVE TO HER THAT MORNING?

27 A. YES.

28 Q. AND AT THAT POINT YOU TERMINATED THE INTERVIEW?
5178
1 A. YES.

2 MR. BOYCE: NOTHING FURTHER, YOUR HONOR.

3 THE COURT: ANYTHING FURTHER, MR. DUSEK?

4

5 REDIRECT EXAMINATION +

6 BY MR. DUSEK:

7 Q. THERE WAS A TIME WHEN SHE CLARIFIED WHAT SHE TOLD

8 YOU, ISN’T THERE?

9 A. YES, THERE WAS.

10 Q. YOU WERE NOT ASKED ABOUT THAT CLARIFICATION JUST

11 NOW, WERE YOU?

12 MR. FELDMAN: ARGUMENTATIVE, OBJECTION.

13 THE COURT: OVERRULED. THE ANSWER WILL STAND.

14

15 BY MR. DUSEK:

16 Q. WHEN DID YOU GET A CLARIFICATION FROM MS. MILLS

17 ABOUT WHAT HAD HAPPENED?

18 A. I GOT A CLARIFICATION FROM HER ON FEBRUARY 8.

19 Q. AND WHEN SHE GAVE YOU THE CLARIFICATION, THAT

20 EXPLAINED THE WHOLE PROCESS TO YOU?

21 A. YES, IT DID.

22 Q. WHAT DID SHE CLARIFY AND TELL YOU?

23 A. SHE TOLD ME THAT SHE MADE A MISTAKE WHEN SHE TOLD

24 ME WHAT ITEMS SHE TOOK IN. THE ITEMS THAT SHE SHOWED ME ON THE

25 DAY OF THE 6TH WERE THE PANTS, THE SHIRT AND THE SWEATER. THAT

26 SHE, IN FACT, DID NOT TAKE THOSE ITEMS IN. THEY WERE TAKEN IN

27 BY ANOTHER CO-EMPLOYEE. THE ITEMS SHE TOOK IN WERE ITEMS OF

28 BEDDING AND A SPORT JACKET THAT SHE TOOK EARLY THAT MORNING.
5179
1 Q. SO SHE CLARIFIED THAT FOR YOU?

2 A. YES.

3 Q. AND YOU WROTE A REPORT TO THAT?

4 A. YES.

5 Q. AND YOU’VE PROVIDED THAT REPORT TO BOTH SIDES SO WE

6 BOTH KNEW THAT CLARIFICATION?

7 A. THAT IS CORRECT.

8 MR. FELDMAN: YOUR HONOR, OBJECT TO THE LAST QUESTION ON

9 THE GROUNDS IT ASSUMES FACTS NOT IN EVIDENCE AND MISSTATES THE

10 EVIDENCE.

11 THE COURT: OVERRULED.

12

13 BY MR. DUSEK:

14 Q. THE SPORTS JACKET, IS THAT THE JACKET THAT WE SAW

15 HERE IN COURT?

16 A. YES, IT IS.

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

18 THE COURT: ALL RIGHT.

19 ANYTHING FURTHER, MR. BOYCE?

20

21 RECROSS-EXAMINATION +

22 BY MR. BOYCE:

23 Q. DETECTIVE, DID YOU GIVE THE DEFENSE ANY PAPER

24 WHATSOEVER?

25 A. NO.

26 Q. AND MS. MILLS, WHEN YOU RETURNED TO THE DRY

27 CLEANERS ON FEBRUARY 8TH, TOLD YOU THAT SHE DIDN’T REMEMBER ANY

28 BEDDING COMING IN, DIDN’T SHE?
5180
1 A. ORIGINALLY, THAT’S CORRECT.

2 MR. BOYCE: I HAVE NOTHING FURTHER.

3 THE COURT: ANYTHING FURTHER?

4

5 REDIRECT EXAMINATION +

6 BY MR. DUSEK:

7 Q. WHAT DID SHE TELL YOU LATER?

8 A. SHE CORRECTED IT. SHE REMEMBERED THE BEDDING

9 COMING IN.

10 THE COURT: ANYTHING FURTHER?

11 MR. BOYCE: NO, YOUR HONOR.

12 THE COURT: DETECTIVE, I’M SURE YOUR GOING TO BE SUBJECT

13 TO RECALL, SO YOUR TIME WITH US TODAY IS DONE. HOWEVER, PLEASE

14 REMEMBER THE ADMONITION NOT TO DISCUSS THE CASE WITH ANYONE

15 OTHER THAN AS IT RELATES TO YOUR PROFESSIONAL DUTIES.

16 THE WITNESS: YES, YOUR HONOR.

17 THE COURT: ALL RIGHT.

18 WOULD YOU HAND THAT ONE MARKED ITEM — WELL, JUST

19 PUT IT ON THE TABLE HERE BEFORE YOU LEAVE, IF THAT’S OKAY.

20 THE WITNESS: SURE.

21 THE COURT: ALL RIGHT. THANK YOU.

22 THE WITNESS: THANK YOU.

23 THE COURT: ALL RIGHT.

24 MR. DUSEK. OH, MR. CLARKE.

25 MR. CLARKE: THANK YOU, YOUR HONOR.

26 ROSALYN YOUNGBLOOD.

27

28 ///
5181
1 -ROSALYN YOUNGBLOOD, +

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

3

4 THE COURT: PLEASE HAVE A SEAT, MA’AM.

5 THE CLERK: MA’AM, WOULD YOU PLEASE STATE YOUR NAME AND

6 SPELL IT FOR THE RECORD?

7 THE WITNESS: ROSALYN YOUNGBLOOD. THAT’S R-O-S-A-L-Y-N,

8 YOUNGBLOOD, Y-O-U-N-G-B-L-O-O-D.

9

10 DIRECT EXAMINATION +

11 BY MR. CLARKE:

12 Q. GOOD AFTERNOON, MS. YOUNGBLOOD. HOW ARE YOU?

13 A. GOOD. HOW ARE YOU?

14 Q. HOW ARE YOU EMPLOYED?

15 A. CHEVRON CREDIT BANK.

16 Q. WHAT IS CHEVRON CREDIT BANK?

17 A. CHEVRON IS THE BANK THAT HEADQUARTERS — ACTUALLY,

18 THE CREDIT CARD CENTER IS IN CONCORD.

19 Q. WHEN YOU SAY — I’M SORRY, YOU USED A TERM ABOUT

20 CREDIT CARDS AND I’M NOT SURE I HEARD IT EXACTLY. WHAT WAS

21 THAT?

22 A. IT’S THE CREDIT CARD CENTER LOCATED IN CONCORD,

23 CALIFORNIA.

24 Q. FOR WHOM?

25 A. FOR CHEVRON.

26 Q. IN YOUR EMPLOYMENT — WELL, FIRST OF ALL, WHAT IS

27 YOUR POSITION WITH CHEVRON CREDIT BANK?

28 A. I’M THE COMPLIANCE MONITOR, ALSO KNOWN AS THE
5182
1 CUSTODIAN OF RECORDS.

2 Q. WHAT DOES THAT MEAN? IN OTHER WORDS, WHAT DO YOUR

3 DUTIES INCLUDE IN THAT POSITION?

4 A. I HANDLE SUBPOENA REQUESTS AND I FULFILL RECORDS.

5 Q. WITH RESPECT TO THOSE RECORDS, ARE YOU, IN FACT,

6 THE LAWFUL CUSTODIAN OF RECORDS OF CHEVRON CREDIT BANK?

7 A. I AM, YES.

8 Q. WITH REGARD TO THE RECORD KEEPING — AND I ASSUME

9 THERE IS RECORD KEEPING WITH THE BANK?

10 A. THAT’S CORRECT.

11 Q. RECORD KEEPING THAT INCLUDES CREDIT CARD USAGES BY

12 THOSE WHO HAVE ACCOUNTS WITH CHEVRON?

13 A. THAT’S CORRECT.

14 Q. ARE THOSE RECORDS BASED ON ENTRIES THAT ARE MADE IN

15 THE COURSE OF CHEVRON’S BUSINESS, INCLUDING THE USE OF CREDIT

16 CARDS?

17 A. YES.

18 Q. IS THERE A DUTY WITHIN CHEVRON CREDIT BANK AND

19 LOCAL STATIONS TO BE ACCURATE IN THE USE OF THOSE RECORDS AND

20 ENTRY OF THOSE PARTICULAR DATA?

21 A. YES, THAT’S CORRECT.

22 Q. ARE THE ENTRIES THAT ARE REFLECTED — ACTUALLY, LET

23 ME ASK THIS A LITTLE BIT DIFFERENT WAY.

24 ONE GOES TO A GAS STATION, USES A CREDIT CARD,

25 WHETHER IT’S AT THE PUMP OR INSIDE THE CASHIER, HOW IS THAT DONE

26 WITHIN CHEVRON CREDIT BANK?

27 A. IT’S ELECTRONICALLY SUBMITTED. IF THE CREDIT CARD

28 IS USED AT THE PUMP DIRECTLY?
5183
1 Q. YES. LET’S TAKE THAT EXAMPLE.

2 A. YES. ONCE THE CARD IS SWIPED, IT’S ELECTRONICALLY

3 SUBMITTED.

4 Q. MEANING WHAT?

5 A. THAT MEANS THAT THE TRANSACTION IS STORED AND

6 COMPUTERIZED BASICALLY THROUGH ELECTRONIC MEANS.

7 Q. IS THE DATA THEN SENT TO A CENTRAL LOCATION?

8 A. YES, IT IS.

9 Q. AND IS IT STORED THERE FOR PURPOSES OF BILLING,

10 AMONGST OTHER THINGS?

11 A. BILLING, EXACTLY.

12 Q. DO YOU HAVE TODAY COPIES RELATING TO CHEVRON CREDIT

13 BANK AND THE USAGES OF A CHEVRON CREDIT CARD REGARDING A DAVID

14 WESTERFIELD?

15 A. I DO, YES.

16 Q. ALL RIGHT.

17 DO YOU HAVE THOSE IN FRONT OF YOU RIGHT NOW?

18 A. I HAVE THEM RIGHT HERE.

19 (MARKED FOR ID: = TRIAL EX. 82, 5-PG DOCUMENT)

20 Q. ALL RIGHT.

21 YOUR HONOR, I’M GOING TO ASK THAT THIS BE MARKED

22 AS, WITH LEAVE, COURT’S EXHIBIT —

23 THE COURT: 82.

24 MR. CLARKE: — 82, THANK YOU.

25 DOES THE COURT PREFER I GO AHEAD AND MARK IT AT A

26 CONVENIENT TIME?

27 THE COURT: I THINK PEGGY HAS THE STICKER RIGHT HERE, SO

28 YOU CAN JUST ATTACH IT.
5184
1 MR. CLARKE: AND, FOR THE RECORD, YOUR HONOR, I’M PLACING

2 EXHIBIT 82 ON THE FRONT PAGE OF WHAT APPEARS TO BE A SERIES OF

3 FIVE PAGES OF DOCUMENTS THAT THE WITNESS HAS. THE FIRST PAGE IN

4 THE UPPER RIGHT-HAND CORNER HAS WHAT APPEARS TO BE A LOGO OF

5 CHEVRON.

6 Q. ALL RIGHT.

7 MS. YOUNGBLOOD, WITH RESPECT TO THOSE DOCUMENTS,

8 AND I THINK I MAY HAVE ASKED, ARE THESE DOCUMENTS RELATING TO AN

9 ACCOUNT IN THE NAME OF DAVID WESTERFIELD?

10 A. YES, THEY ARE.

11 Q. DO THEY REFLECT THE USAGES, THAT IS, THE RECORD OF

12 USAGES OF THAT CREDIT CARD IN THE EARLY PART OF FEBRUARY 2002?

13 A. THAT’S CORRECT.

14 Q. ALL RIGHT. IN PARTICULAR, LET’S START — WHAT’S

15 THE FIRST DAY THAT REFLECTS USAGE IN FEBRUARY?

16 A. FEBRUARY 2ND, 2002.

17 Q. CAN YOU DESCRIBE FOR US WHAT, IF ANY, TRANSACTIONS

18 OCCURRED WITH RESPECT TO THAT CARD ON THAT DATE?

19 A. YES, I CAN.

20 Q. ALL RIGHT. GO AHEAD.

21 A. IT WAS UNLEADED GAS PURCHASED AT STATION FACILITY

22 NO. 202628 AT 1726, WHICH CONVERTS TO I BELIEVE 5:26 P.M.

23 Q. OKAY. LET’S SEE IF WE CAN BREAK THOSE DOWN A

24 LITTLE BIT.

25 I THINK YOU INDICATED THAT THERE WAS A TIME ON

26 FEBRUARY 2ND OF WHAT?

27 A. FEBRUARY 2ND, 2002 AND THAT WAS 1726.

28 Q. ALL RIGHT. IS THAT 5:26?
5185
1 A. YES. IT’S CONVERTED TO 5:26 P.M.

2 Q. IN THE AFTERNOON?

3 A. YES.

4 Q. AND I BELIEVE YOU ALSO STATED THAT THE RECORDS

5 INDICATE A PARTICULAR STATION THAT THAT CARD WAS USED AT; IS

6 THAT CORRECT?

7 A. THAT IS CORRECT.

8 Q. AND YOU GAVE US A NUMBER I BELIEVE ALREADY?

9 A. YES.

10 Q. ARE YOU ABLE FROM YOUR RECORDS TO DESCRIBE FOR US

11 PLEASE WHAT EXACT GAS STATION THAT IS, CHEVRON GAS STATION?

12 A. YES, I AM. IT WAS — LET’S SEE, THE CARMEL

13 MOUNTAIN STATION AT 11030 RANCHO CARMEL DRIVE IN SAN DIEGO.

14 Q. ALL RIGHT. VERY GOOD.

15 DOES THAT TRANSACTION INDICATE THE AMOUNT THAT WAS

16 CHARGED TO THE CREDIT CARD?

17 A. YES. IT WAS $65.20.

18 Q. IS THERE A FURTHER INDICATION OF THE GAS PURCHASE

19 WITH THAT CREDIT CARD IN MR. WESTERFIELD’S ACCOUNT?

20 A. YES, IT IS.

21 Q. WHEN WAS THAT?

22 A. FEBRUARY 3RD, 2002.

23 Q. THE NEXT DAY?

24 A. YES.

25 Q. AT WHAT TIME?

26 A. IT WAS 1912 HOURS. SO 7:12 P.M.

27 Q. ON FEBRUARY 3RD?

28 A. FEBRUARY 3RD.
5186
1 Q. AT WHAT STATION?

2 A. STATION 202628.

3 Q. IS THAT THE SAME STATION AS THE PREVIOUS ONE?

4 A. SAME STATION AS PREVIOUS.

5 Q. IN CARMEL MOUNTAIN?

6 A. CARMEL MOUNTAIN, YES.

7 Q. SAN DIEGO, CALIFORNIA?

8 A. YES.

9 Q. WHEN WAS THE NEXT USAGE?

10 A. NEXT USAGE WAS ON FEBRUARY 4TH, 2002, STATION —

11 Q. WHAT TIME? I’M SORRY.

12 A. I’M SORRY. IT WAS 1323, SO 1:23 P.M.

13 Q. ALL RIGHT.

14 AND THE AMOUNT?

15 A. THE AMOUNT, $14.92.

16 Q. AND THE LOCATION?

17 A. LOCATION WAS CARMEL MOUNTAIN — I’M SORRY, WRONG

18 ONE. LOCATION WAS G&M OIL COMPANY, 12410 POWAY ROAD IN POWAY,

19 CALIFORNIA.

20 Q. ALL RIGHT.

21 I’M GOING TO NEED TO BACK UP, I’M SORRY, MS.

22 YOUNGBLOOD.

23 A. YES.

24 Q. BUT ON THE TRANSACTION ON FEBRUARY 3RD, I THINK I

25 FAILED TO ASK YOU THE AMOUNT OF THE TRANSACTION.

26 A. ON FEBRUARY 3RD IS $83.91.

27 MR. CLARKE: YOUR HONOR, I HAVE ALSO HAD MARKED A SMALL

28 ENVELOPE CONTAINING WHAT I BELIEVE CAN BE DESCRIBED AS A SERIES
5187
1 OF FIVE SMALL RECEIPTS AS EXHIBIT 83, WHICH I’VE PREVIOUSLY

2 SHOWN TO COUNSEL.

3 THE COURT: ALL RIGHT.

4 (MARKED FOR ID: = TRIAL EX. 83, 5 GAS RECEIPTS)

5

6 BY MR. CLARKE:

7 Q. MS. YOUNGBLOOD, IF I CAN SHOW YOU AN ENVELOPE,

8 HAS — AND PERHAPS YOU CAN DESCRIBE FOR US WHAT THOSE ARE?

9 A. THESE ARE CHEVRON RECEIPTS SUBMITTED

10 ELECTRONICALLY. THE FIRST ONE WAS AT STATION 202628.

11 Q. IS THAT THE CARMEL MOUNTAIN STATION?

12 A. YES, IT IS.

13 Q. ALL RIGHT.

14 ACTUALLY, IF YOU CAN JUST TAKE A MOMENT, I’M GOING

15 TO HAVE YOU DESCRIBE THEM IN DETAIL IN JUST A MOMENT.

16 A. OKAY.

17 Q. BUT FIRST OF ALL, HOW MANY RECEIPTS ARE THERE?

18 A. THERE ARE FIVE RECEIPTS.

19 MR. CLARKE: YOUR HONOR, I’M GOING TO ASK TO HAVE MARKED

20 WHAT I BELIEVE WOULD BE COURT’S EXHIBIT 84, A LARGE BOARD OF

21 WHAT APPEAR TO BE ENLARGEMENTS OF RECEIPTS.

22 (MARKED FOR ID: = TRIAL EX. 84, DISPLAY BOARD/RECEIPTS)

23 Q. MS. YOUNGBLOOD, THIS MAY BE A LITTLE EASIER TO

24 DESCRIBE THEM.

25 A. OKAY.

26 Q. SHOWING YOU WHAT’S BEEN MARKED COURT’S EXHIBIT 84,

27 HAVE YOU HAD AN OPPORTUNITY TO LOOK AT THAT BOARD EARLIER TODAY?

28 A. YES, I HAVE.
5188
1 Q. DOES THAT BOARD APPEAR, AND IF YOU’LL TAKE A MOMENT

2 NOW TO COMPARE THE FIVE SMALL RECEIPTS THAT ARE IN COURT’S

3 EXHIBIT 83, TO THE BOARD THAT’S BEEN MARKED COURT’S EXHIBIT 84.

4 IF YOU’D TAKE A MOMENT TO MAKE THAT COMPARISON?

5 A. (WITNESS COMPLYING.)

6 YES. THEY MATCH WHAT I HAVE.

7 Q. ALL RIGHT. THEN IF WE COULD, AND PERHAPS YOU CAN

8 USE A POINTER — IS THERE A POINTER THERE RIGHT NEXT TO YOU ON

9 THE WITNESS STAND? VERY GOOD.

10 FIRST OF ALL, THE TRANSACTIONS THAT YOU’VE

11 DESCRIBED FROM A REVIEW OF THE RECORDS, AND LET’S START WITH THE

12 TRANSACTION ON FEBRUARY 2ND —

13 A. OKAY.

14 Q. — WHICH I BELIEVE THE AMOUNT WAS — IS THAT $65, I

15 BELIEVE?

16 A. $65.20.

17 Q. ALL RIGHT.

18 IS THE RECEIPT FROM THAT TRANSACTION ON THE LARGE

19 BOARD EXHIBIT 84?

20 A. YES, IT IS.

21 Q. COULD YOU INDICATE WHERE?

22 A. RIGHT HERE.

23 Q. ALL RIGHT.

24 AND YOU’RE REFERRING AT THIS TIME TO WHAT’S LABELED

25 AT THE TOP THAT IS IMMEDIATELY ABOVE THE RECEIPT THE LETTER “C”

26 AS IN CHARLIE, IS THAT RIGHT?

27 A. THAT’S CORRECT.

28 Q. ALL RIGHT.
5189
1 WHAT DOES THAT RECEIPT ACTUALLY DEMONSTRATE TO US?

2 A. THAT DEMONSTRATES THAT ON FEBRUARY 2ND, 2002, AT

3 1725, WHICH IS 5:25 P.M. AT STATION NO. 202628, THE CHEVRON CARD

4 NUMBER — THE FIRST FEW NUMBERS ARE BLOCKED OUT, THE FIRST SEVEN

5 NUMBERS. THE LAST THREE NUMBERS OF THE ACCOUNT NUMBER, AN

6 INTERNAL DIGIT AND THEN THE LAST FOUR NUMBERS IS THE CARD NUMBER

7 THAT WAS USED, WHICH IS CARD NO. 2. THE NEXT AREA IS THE

8 INVOICE NUMBER, WHICH IS 2842955, AUTHORIZATION NUMBER, PUMP NO.

9 8, UNLEADED GAS PURCHASE, AND THE AMOUNT OF $65.20.

10 Q. ALL RIGHT.

11 DOES THAT, ALTHOUGH THIS IS AN ENLARGEMENT ON

12 EXHIBIT 84, APPEAR TO DEPICT THE INFORMATION THAT WOULD BE ON

13 THE ACTUAL RECEIPT PRINTED AT THE GAS STATION FROM THE

14 TRANSACTION YOU’VE ALREADY DESCRIBED ON FEBRUARY 2ND?

15 A. YES, IT DOES.

16 Q. I WANT YOU TO DESCRIBE, IF YOU WOULD, AND I KNOW

17 YOU TALKED ABOUT THE ACCOUNT NUMBER AND SOME BLACKED OUT OR

18 BLANKED OUT NUMBERS. CAN YOU EXPLAIN WHAT YOU MEANT BY THAT?

19 A. THAT MEANS FOR SECURITY PURPOSES THAT THE FULL

20 NUMBER IS NOT DISPLAYED.

21 Q. AND I BELIEVE YOU SAID THE DIGITS FOLLOWING THE X’S

22 RELATE TO THE ACTUAL ACCOUNT NUMBER?

23 A. RIGHT. THE LAST THREE NUMBERS IDENTIFY THE LAST

24 THREE NUMBERS OF THE CARD ACCOUNT NUMBER.

25 Q. DO THOSE LAST THREE NUMBERS, ARE THEY CONSISTENT

26 WITH THE ACCOUNT NUMBER BELONGING TO MR. WESTERFIELD?

27 A. YES, THEY ARE.

28 Q. AND THEN LASTLY, WITH REGARD TO THAT NUMBER, I
5190
1 BELIEVE YOU EXPLAINED THAT THE FINAL, AND I THINK IT’S FIVE

2 NUMBERS —

3 A. FOR THE STATION?

4 Q. NO.

5 A. — OH, THE LAST FIVE NUMBERS HERE?

6 Q. CORRECT.

7 A. RIGHT. THIS IS AN INTERNAL NUMBER HERE ON THE

8 CREDIT CARD, AND THE LAST FOUR NUMBERS INDICATE THE CARD NUMBER.

9 THERE CAN BE MORE THAN ONE CARD NUMBER ASSIGNED TO AN ACCOUNT

10 NUMBER.

11 Q. I SEE. ALL RIGHT.

12 IF YOU COULD, AND I BELIEVE YOU HAD DESCRIBED THAT

13 THERE WAS THE NEXT TRANSACTION ON FEBRUARY 3RD, AND I’D LIKE TO

14 ASK IF THAT TRANSACTION OR RECEIPT FOR THAT PURCHASE IS

15 REFLECTED ON EXHIBIT 84.

16 A. YES, IT IS.

17 Q. WHERE IS THAT?

18 A. THAT’S HERE.

19 Q. YOU’RE REFERRING TO THE RECEIPT UNDER THE LABEL “E”

20 AS IN EDWARD?

21 A. THAT’S CORRECT.

22 Q. ALL RIGHT.

23 AND COULD YOU TELL US, FIRST OF ALL, DOES THAT

24 INFORMATION APPEAR TO BE CONSISTENT IN ALL RESPECTS WITH YOUR

25 RECORDS THAT YOU BROUGHT WITH YOU TODAY REFLECTING THE FEBRUARY

26 3RD TRANSACTION?

27 A. YES.

28 Q. WHAT ABOUT THE ACCOUNT NUMBER AGAIN?
5191
1 A. ACCOUNT NUMBER IS THE SAME NUMBER WITH THE LAST

2 THREE NUMBERS OF THE ACCOUNT NUMBER AND THE INTERNAL DIGIT

3 THAT’S USED AND THE LAST FOUR NUMBERS OF THE CARD, WHICH IS CARD

4 NUMBER 0002.

5 Q. ALL RIGHT. VERY WELL.

6 THE TRANSACTION ON FEBRUARY 4TH THAT YOU DESCRIBED,

7 I BELIEVE THAT WAS A STATION IN POWAY; IS THAT CORRECT?

8 A. THAT’S CORRECT.

9 Q. WHAT DATE WAS — I’M SORRY, I MAY HAVE SAID THE

10 DATE INCORRECTLY. WHAT WAS THE DATE FOR THAT TRANSACTION?

11 A. THAT WAS ON FEBRUARY 4TH, 2002.

12 Q. I’M SORRY. IS THE RECEIPT FOR THAT TRANSACTION ON

13 EXHIBIT 84 OR NOT?

14 A. NO, IT’S NOT.

15 Q. WHAT I’D LIKE TO DO IS DIRECT YOUR ATTENTION TO I

16 THINK THE THREE REMAINING RECEIPTS ON EXHIBIT 84, AND ASK YOU DO

17 YOUR RECORDS REFLECT ANYTHING REGARDING MR. WESTERFIELD, AND

18 THOSE THREE RECEIPTS LABELED ON EXHIBIT 84A, “B” AND “D” AS IN

19 DAVID?

20 A. NO. THIS MEANS THAT A CHEVRON STATION WAS USED BUT

21 ANOTHER SOURCE WAS USED, ANOTHER CREDIT CARD WAS USED —

22 Q. ALL RIGHT.

23 A. — ON EXHIBIT A.

24 Q. LET’S START WITH “A”. YOU’VE SAID ANOTHER CREDIT

25 CARD WAS USED?

26 A. ANOTHER BANK CARD —

27 Q. ALL RIGHT.

28 A. — OTHER THAN CHEVRON.
5192
1 Q. HOW CAN YOU TELL THAT?

2 A. THE LAST FOUR NUMBERS, IF IT HAD BEEN A CHEVRON

3 CARD, IT WOULD FOLLOW THE SAME SEQUENCE AS THIS CARD NUMBER

4 HERE. INSTEAD, IT JUST GIVES THE LAST FOUR DIGITS OF WHATEVER

5 CARD WAS USED.

6 Q. ALL RIGHT.

7 ALSO ABOVE, AND AGAIN REFERRING YOU TO RECEIPT “A”

8 ON EXHIBIT 84, APPEARS TO BE SOME LETTERS THAT ALMOST LOOK LIKE

9 SOMETHING AND THEN THE WORD “FLEET,” IS THAT RIGHT?

10 A. THAT’S CORRECT.

11 Q. IN THAT SAME LOCATION ON CHEVRON CREDIT CARD

12 PURCHASES IS THAT WHERE WE SEE THE WORD “CHEVRON”?

13 A. THAT’S CORRECT.

14 Q. TO YOUR KNOWLEDGE, WHAT DID THOSE WORDS — AND

15 AGAIN, I CAN’T SEE THE FIRST THREE LETTERS, BUT THE SECOND WORD

16 IS “FLEET,” LOOKS LIKE W-E-X FLEET ON RECEIPT NUMBER “A”.

17 A. I THINK THAT JUST IDENTIFIES THE STATION LOCATION,

18 WHICH I’M NOT VERY FAMILIAR WITH.

19 Q. OKAY.

20 IS THERE ANY INFORMATION THAT YOU HAVE IN ANY OF

21 THE RECORDS THAT DEMONSTRATES WHETHER OR NOT THAT RECEIPT “A” ON

22 EXHIBIT 84 HAS ANYTHING TO DO WITH MR. WESTERFIELD?

23 A. NO.

24 Q. REFERRING YOU NOW TO EXHIBIT “B”, WHAT CAN YOU TELL

25 US ABOUT THAT PARTICULAR RECEIPT?

26 A. THIS INDICATES THAT A VISA WAS USED. IT SHOWS THE

27 LAST FOUR NUMBERS OF THE CARD. STATION 202628 IDENTIFIES THE

28 LOCATION OF THE STATION, AN INVOICE NUMBER HERE, AND THAT
5193
1 UNLEADED GASOLINE WAS PURCHASED IN THE AMOUNT OF TEN DOLLARS.

2 Q. THERE’S ALSO TIMES REFLECTED ON BOTH EXHIBITS

3 “A” — I’M SORRY, BOTH RECEIPTS “A” AND “B” FROM EXHIBIT 84; IS

4 THAT CORRECT?

5 A. THAT’S CORRECT.

6 Q. AND THE FIRST ONE APPEARS TO BE 12:43 IN THE

7 AFTERNOON?

8 A. YES, THAT’S CORRECT.

9 Q. ON FEBRUARY 2ND?

10 A. YES.

11 Q. AND THAT WAS THE BANK CARD PURCHASE, CORRECT?

12 A. THAT WAS A BANK CARD.

13 Q. GOING TO RECEIPT “B”, IS THAT THE SAME DAY,

14 FEBRUARY 2ND?

15 A. YES. THAT’S THE SAME DAY.

16 Q. AT — WOULD IT BE 5:06 P.M.?

17 A. YES.

18 Q. AND THOSE ARE ALSO, THAT IS, BOTH “A” AND “B”, FROM

19 THE SAME STATION?

20 A. YES.

21 Q. IS THAT THE CARMEL MOUNTAIN RANCH STATION?

22 A. THE CARMEL MOUNTAIN, RIGHT.

23 Q. AND LASTLY, IF I COULD TAKE YOU TO EXHIBIT D AS IN

24 DAVID, WHAT CAN YOU TELL US ABOUT THAT RECEIPT?

25 A. IT WAS GAS PURCHASE ON FEBRUARY 3RD, 2002, 1733

26 WHICH WOULD BE 5:33 P.M. STATION NO. 202628. CHEVRON CARD WAS

27 USED, DIFFERENT CARD NUMBER. THE LAST THREE NUMBERS OF THIS

28 CARD WAS 871, AND THE INTERNAL DIGIT THERE AND THE LAST FOUR
5194
1 NUMBERS INDICATE THE CARD NUMBER, WHICH WAS CARD NUMBER FOUR.

2 Q. ALL RIGHT.

3 JUST SO WE’RE CLEAR THEN, THE RECEIPT DEPICTED IN

4 “D” IS FROM THE SAME STATION AGAIN, CARMEL MOUNTAIN?

5 A. THAT’S CORRECT.

6 Q. BUT A DIFFERENT DATE AS “A” AND “B”, FEBRUARY 3RD,

7 A DAY LATER, IS THAT RIGHT?

8 A. YES.

9 Q. AND IT APPEARS THAT A CHEVRON CARD WAS USED?

10 A. THAT’S RIGHT.

11 Q. WAS THAT OR WAS THAT NOT A CARD ASSIGNED TO MR.

12 WESTERFIELD FROM YOUR RECORDS?

13 A. FROM MY RECORDS, NO.

14 Q. AND LASTLY, I MAY HAVE ASKED THIS, MS. YOUNGBLOOD

15 AND I APOLOGIZE IF I DID. THE FIVE RECEIPTS IN THE EXHIBIT IN

16 THE ENVELOPE MARKED EXHIBIT 83, ARE THOSE, IN FACT — OR RATHER,

17 DOES 84 ACCURATELY DEPICT THOSE FIVE RECEIPTS?

18 A. YES, THEY DO.

19 MR. CLARKE: ALL RIGHT. THANK YOU VERY MUCH.

20 THE COURT: CROSS-EXAMINATION.

21 MR. FELDMAN: NO QUESTIONS.

22 THE COURT: ALL RIGHT. MA’AM, WOULD YOU MAKE SURE ALL

23 THOSE RECEIPTS GET BACK IN THAT LITTLE ENVELOPE THERE?

24 THE WITNESS: I SURE WILL.

25 THE COURT: ALL RIGHT. IS THIS WITNESS TO BE EXCUSED?

26 MR. FELDMAN: NO OBJECTION.

27 THE COURT: ALL RIGHT. MA’AM, YOUR TIME WITH US IS DONE.

28 PLEASE REMEMBER THAT YOU’RE UNDER AN ADMONISHMENT NOT TO DISCUSS
5195
1 YOUR TESTIMONY WITH ANYONE UNTIL THE MATTER’S CONCLUDED. YOU

2 CAN GIVE THOSE TWO EXHIBITS TO COUNSEL AS YOU WALK PAST HIM ON

3 YOUR WAY OUT.

4 THE WITNESS: THANK YOU.

5 THE COURT: THANK YOU.

6 MR. CLARKE: OFFICER RON DOUGHERTY, YOUR HONOR.

7 THE COURT: ALL RIGHT.

8

9 -RONALD DOUGHERTY, +

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

11

12 THE COURT: PLEASE HAVE A SEAT, OFFICER.

13 THE WITNESS: THANK YOU.

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

15 SPELL IT FOR THE RECORD?

16 THE WITNESS: RONALD HUGH DOUGHERTY, D-O-U-G-H-E-R-T-Y.

17

18 DIRECT EXAMINATION +

19 BY MR. CLARKE:

20 Q. GOOD AFTERNOON.

21 A. GOOD AFTERNOON.

22 Q. WHO ARE YOU EMPLOYED BY?

23 A. CITY OF SAN DIEGO, THE POLICE DEPARTMENT.

24 Q. HOW LONG HAVE YOU BEEN A — IS IT POLICE OFFICER?

25 A. YES.

26 Q. FOR THE CITY OF SAN DIEGO?

27 A. THIRTY-TWO YEARS.

28 Q. I’D LIKE TO DIRECT YOUR ATTENTION, IF I COULD, TO
5196
1 THE INVESTIGATION OF THE DISAPPEARANCE OF DANIELLE VAN DAM, AND

2 ASK IF YOU WERE REQUESTED TO PERFORM A TASK AS PART OF THAT

3 INVESTIGATION.

4 A. YES, I WAS.

5 Q. CAN YOU TELL US, FIRST OF ALL, WHEN THAT WAS?

6 A. I BELIEVE IT WAS ON THE 13TH OF FEBRUARY.

7 Q. WHAT WAS THE TASK YOU WERE ASKED TO PERFORM?

8 A. I WAS ASKED TO GO TO A CHEVRON STATION ON RANCHO

9 CARMEL ROAD, CHECK THE RECEIPTS FROM THE GAS PUMPS, AND SEE WHAT

10 THE STATION NUMBER WAS AND HOW THE DATE AND TIME WAS AFFIXED TO

11 THE RECEIPTS.

12 Q. ALL RIGHT.

13 YOUR HONOR, I’VE HAD A SMALL BOARD WITH ONE

14 PHOTOGRAPH MARKED AS COURT’S EXHIBIT 85.

15 THE COURT: ALL RIGHT.

16 (MARKED FOR ID: = TRIAL EX. 85-PHOTO/CHEVRON STATION)

17 MR. DUSEK: THAT IS TITLED AT THE TOP “CHEVRON GAS

18 STATION 11030 RANCHO CARMEL DRIVE.”

19 Q. MR. DOUGHERTY, IT’S KIND OF A SMALL PHOTO COMPARED

20 TO THE OTHER BOARD.

21 FIRST OF ALL, DID YOU, IN FACT, GO TO THE LOCATION

22 OF THAT CHEVRON STATION THAT YOU JUST DESCRIBED?

23 A. YES, I DID.

24 Q. IF I CAN ASK YOU TO LOOK AT WHAT’S BEEN MARKED

25 COURT’S EXHIBIT 85, THAT PHOTOGRAPH OF WHAT APPEARS TO BE A GAS

26 STATION, DOES THAT PHOTO SHOW THE LOCATION THAT YOU WENT TO IN

27 PARTICULAR, THE GAS FILLING STATION?

28 A. YES, IT DOES. IT LOOKS LIKE THE SAME STATION.
5197
1 Q. WHEN YOU WENT TO THAT STATION — AND I BELIEVE YOU

2 DESCRIBED THE FACT THAT YOU WERE ASKED TO DETERMINE WHETHER OR

3 NOT THE PUMPS AND THE CASHIER ASPECT OF THE PUMP ACCURATELY

4 REFLECTS DATE AND TIME; IS THAT CORRECT?

5 A. THAT’S CORRECT.

6 Q. AND ALSO THE NUMBERING OF THE ACTUAL STATION?

7 A. CORRECT.

8 Q. WHAT DID YOU DO TO PERFORM THAT?

9 A. I WAITED FOR A CUSTOMER TO APPROACH THE GAS PUMPS.

10 THE CUSTOMER APPEARED TO BE USING A CREDIT CARD. I IDENTIFIED

11 MYSELF, ASKED IF I MIGHT MONITOR THEIR PURCHASE AND THEN EXAMINE

12 THEIR RECEIPT WHEN THEY WERE FINISHED MAKING THEIR PURCHASE.

13 Q. WHAT DID THE PERSON SAY WHEN YOU ASKED THAT?

14 A. MORE THAN HAPPY TO COOPERATE.

15 Q. I’M SORRY. WHAT DATE WAS THIS AGAIN?

16 A. ON THE 13TH OF FEBRUARY.

17 Q. AND WHAT TIME OF THE DAY?

18 A. ABOUT 10:45 IN THE MORNING.

19 Q. DID YOU HAVE SOMETHING WITH YOU TO BE ABLE TO

20 DETERMINE TIME?

21 A. MY CITY PAGER — I’M SORRY.

22 Q. CITY PAGER ON TIME?

23 A. IT’S SUPPOSED TO BE, YES.

24 Q. ALL RIGHT.

25 AFTER YOU APPROACHED THIS PERSON AND RECEIVED

26 PERMISSION, WHAT DID YOU DO?

27 A. I OBSERVED THEM INSERT THEIR CREDIT CARD, REMOVE

28 THE NOZZLE, DISPENSE GAS AND THEN RETRIEVE A RECEIPT FROM THE
5198
1 GAS PUMPS.

2 Q. DID YOU HAVE AN OPPORTUNITY TO LOOK AT THAT

3 RECEIPT?

4 A. YES, I DID.

5 Q. DID YOU HAVE ALSO AN OPPORTUNITY TO HAVE YOUR PAGER

6 HANDY WITH THE TIME OF DAY AS REFLECTED ON THE PAGER?

7 A. YES.

8 Q. JUST WITH REGARD TO THE ACTUAL RECEIPT ITSELF, I’M

9 GOING TO ASK YOU TO TURN AROUND AND LOOK AT A LARGE BOARD THAT’S

10 LABELED EXHIBIT 84 THAT HAS WHAT APPEAR TO BE ENLARGEMENTS OF

11 FIVE GAS RECEIPTS. IS THAT A FAIR DESCRIPTION?

12 A. YES, I WOULD SAY SO.

13 Q. THE RECEIPT THAT YOU LOOKED AT — AND DID YOU HAVE

14 AN OPPORTUNITY TO LOOK AT THE RECEIPT WITH THE PATRON WHO HAD

15 GIVEN YOU PERMISSION TO BASICALLY WATCH HIS OR HER TRANSACTION?

16 A. YES, I DID. I VIEWED A RECEIPT THAT APPEARED

17 SIMILAR TO THESE.

18 Q. THAT WAS GOING TO BE MY NEXT QUESTION.

19 WITH REGARD TO THAT RECEIPT DID YOU, IN FACT,

20 COMPARE THE DATE, THE TIME AND THE STATION NUMBER?

21 A. YES, I DID.

22 Q. AND BASICALLY RECORD THAT INFORMATION?

23 A. YES.

24 Q. LET’S START WITH THE DATE. WAS THE DATE CORRECT?

25 A. THE DATE WAS CORRECT.

26 Q. AND THAT WAS WHAT DATE AGAIN?

27 A. THAT WAS FEBRUARY THE 13TH.

28 Q. WAS THE TIME CORRECT?
5199
1 A. I HAD A ONE-MINUTE DISCREPANCY ON THE TIME BETWEEN

2 MY PAGER AND THE TIME THAT WAS STAMPED ON THE RECEIPT.

3 Q. LASTLY, WITH REGARD TO THE STATION NUMBER, DID THE

4 RECEIPT THAT YOU OBSERVED THE PATRON OBTAIN FROM THE DISPENSER,

5 DID IT HAVE A STATION NUMBER ON IT?

6 A. YES, IT DID.

7 Q. WHAT WAS THAT NUMBER?

8 A. I’M GOING TO REFER TO MY REPORT. THE STATION

9 NUMBER WAS 00202628.

10 Q. ALL RIGHT.

11 IF I COULD JUST REFER YOU — AND LET’S USE THE

12 ENLARGED RECEIPT ON EXHIBIT 84 NUMBER — OR UNDER THE LETTER

13 “E”. CAN YOU SEE WHERE THERE’S A STATION NUMBER ON THAT

14 RECEIPT?

15 A. YES, I DO.

16 Q. IS THAT THE SAME OR A DIFFERENT NUMBER THAN THE

17 NUMBER YOU SAW WHEN YOU LOOKED AT THE PATRON’S RECEIPT ON

18 FEBRUARY 13TH?

19 A. IT’S THE SAME NUMBER.

20 MR. CLARKE: THANK YOU VERY MUCH.

21 THE COURT: ALL RIGHT. CROSS-EXAMINATION.

22

23 CROSS-EXAMINATION +

24 BY MR. BOYCE:

25 Q. OFFICER, HOW MANY TIMES DID YOU PERFORM THIS TEST?

26 A. ONCE.

27 Q. AND HOW MANY PUMPS ARE THERE AT THIS STATION?

28 A. I DIDN’T COUNT THE PUMPS BUT I WOULD ESTIMATE THERE
5200
1 ARE PROBABLY AT LEAST TEN PUMPS.

2 Q. DID YOU PERFORM THE TEST ON ANY MORE THAN THE ONE

3 PUMP YOU’VE TOLD US ABOUT?

4 A. I DID NOT.

5 Q. AND THIS IS A FAIRLY LARGE GAS STATION, ISN’T IT?

6 A. YES, IT IS.

7 Q. SO IT WOULD HAVE EASY ACCESS IF YOU HAD A LARGE

8 35-FOOT MOTORHOME, WOULDN’T IT?

9 A. I WOULD ASSUME SO, YES.

10 Q. MORE SO THAN — YOU’VE SEEN SMALLER GAS STATIONS

11 THAN THIS, HAVEN’T YOU?

12 A. OH, ABSOLUTELY.

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

14 THE COURT: ANYTHING FURTHER?

15 MR. CLARKE: NO. THANK YOU.

16 THE COURT: IS THIS OFFICER NOW TO BE EXCUSED?

17 MR. CLARKE: YES.

18 MR. BOYCE: YES, YOUR HONOR.

19 THE COURT: ALL RIGHT. OFFICER, THANK YOU VERY MUCH.

20 YOU’RE FREE TO LEAVE THESE PROCEEDINGS. PLEASE REMEMBER YOU’RE

21 UNDER AN ADMONITION NOT TO DISCUSS YOUR TESTIMONY WITH ANYONE

22 UNLESS IT DEALS WITH YOUR PROFESSIONAL RESPONSIBILITIES.

23 THE WITNESS: THANK YOU, YOUR HONOR.

24 THE COURT: WE’VE RUN OUT OF WITNESSES.

25 MR. DUSEK: WE’RE DONE FOR THE DAY.

26 THE COURT: OH, MY HEAVENS. WELL, I KNOW ONE AMONG YOU

27 IS GOING TO BE QUITE PLEASED BECAUSE THAT MEANS SHE’LL

28 DEFINITELY BE ABLE TO GET HOME IN TIME FOR CELEBRATION AND
5201
1 GRADUATION.

2 SO TOMORROW WE’RE GOING TO BE ABLE TO GET IN

3 ANOTHER FULL DAY, SO I’M GOING TO NEED YOU FOLKS BACK AT 9:00

4 A.M.. PLEASE REMEMBER THE ADMONITION OF THE COURT NOT TO

5 DISCUSS ANY OF THE EVIDENCE OR TESTIMONY AMONG YOURSELVES OR

6 WITH OTHER PERSONS NOR FORMULATE OR EXPRESS ANY OPINIONS ON THE

7 CASE UNTIL IT IS SUBMITTED TO YOU FOR DECISION.

8 HAVE A VERY SAFE AND A PLEASANT AND JOYOUS DAY

9 OFF — OR EVENING OFF, AND WE’LL SEE YOU ALL AT 9:00 A.M.

10 TOMORROW MORNING. 9 O’CLOCK TOMORROW.

11

12 (AT 3:34 P.M. THE JURY WAS EXCUSED
AND THE FOLLOWING PROCEEDINGS WERE HAD:)
13

14 THE COURT: OKAY. THE RECORD SHOULD REFLECT THE JURORS

15 AND ALTERNATES HAVE LEFT THE COURTROOM.

16 COUNSEL, I JUST WANT TO GIVE YOU A HEADS UP FOR NOW

17 TO WE’RE UP TO 85 PLUS SUBPARTS ON EXHIBITS. THIS IS THE POINT

18 IN TIME WHERE OCCASIONALLY, VERY RARELY IN MY EXPERIENCE, BUT

19 OCCASIONALLY THINGS GET LOST. SO I’M GOING TO ASK BOTH SIDES TO

20 BE VERY DILIGENT IN YOUR EFFORTS TO INSURE THAT EXHIBITS DON’T

21 GET SCOOPED UP, MISPLACED OR INADVERTENTLY TAKEN OUT SO THAT WE

22 HAVE TO TRY AND RECONSTRUCT THIS.

23 IS THERE ANY NEED FOR US TO GET TOGETHER EARLY

24 TOMORROW MORNING THAT ANYONE’S AWARE OF?

25 MR. DUSEK: NO.

26 MR. FELDMAN: I’M NOT AWARE OF WHO THE WITNESSES ARE YET.

27 IF YOU JUST GIVE US A MOMENT THERE MAY BE AN ISSUE.

28 THE COURT: ALL RIGHT.
5202
1 MR. FELDMAN: PLEASE.

2 (PAUSE)

3 MR. FELDMAN: NOTHING OF PARTICULAR URGENCY WITH REGARD

4 TO TOMORROW.

5 THE COURT: ALL RIGHT. JUST BE HERE ABOUT 10 MINUTES

6 EARLY IN CASE SOMETHING COMES UP. ALL RIGHT.

7 MR. DUSEK: ONLY FOR SCHEDULING PURPOSES, YOUR HONOR, WE

8 ARE STILL ON SCHEDULE AND WE HAVE REASON TO BELIEVE THAT WE WILL

9 PROBABLY BE DONE ON THE 26TH OR SO. THERE IS A WITNESS THAT WE

10 WILL BE BRINGING IN FROM OUT OF TOWN, SO FOR SCHEDULING PURPOSES

11 FOR THE DEFENSE, THEY CAN START THINKING ABOUT THE 27TH.

12 MR. FELDMAN: WE’RE THINKING ABOUT THE 1ST.

13 THE COURT: WELL —

14 MR. FELDMAN: I MEAN, IT’S IMPOSSIBLE TO CALCULATE, YOUR

15 HONOR, AND I THINK THINGS ARE GOING TO BOG DOWN SOME NOW WITH

16 REGARD TO SOME OF THE EVIDENCE THAT’S COMING.

17 THE COURT: OKAY. WELL, WE’LL PLAY IT BY EAR, BUT AT

18 LEAST YOU’RE ON NOTICE, FOR WHATEVER VALUE IT MAY BE, THAT YOU

19 MAY HAVE TO START ON THE 27TH. OKAY.

20 ALL RIGHT. WE’LL BE IN RECESS.

21 (AT 3:37 P.M. AN ADJOURNMENT WAS TAKEN
UNTIL 9:00 A.M. TUESDAY, JUNE 18, 2002.)
22
–O0O–
23

24

25

26

27

28

32 - Day 9- June 18th 2002 - Transcript criminal trial David Westerfield
30 - Day 8- June 17th 2002 - Transcript criminal trial David Westerfield