33 – Day 9- June 18th 2002 – Transcript criminal trial David Westerfield

TRIAL Day 9- part 2 – morning 2
SAN DIEGO, CALIFORNIA, TUESDAY, JUNE 18, 2002, (morning 2)


WITNESS:
Dorie Savage (forensic specialist, cross-exam)


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

2 ALL RIGHT. MR. FELDMAN.

3 MR. FELDMAN: THANK YOU, YOUR HONOR.

4 Q. MA’AM, YOU ALSO DISCUSSED ON DIRECT EXAMINATION

5 THIS CONCEPT OF CHAIN OF CUSTODY.

6 CAN YOU TELL US WHAT DOES THAT MEAN?

7 A. RIGHT. IT’S A SYSTEM WHERE ALL OF THE EVIDENCE

8 THAT YOU COLLECT IS ACCOUNTED FOR ALL THE TIME, SO YOU KNOW WHO

9 HAS IT, WHERE IT WENT AND JUST SO THAT YOU CAN ACCOUNT FOR IT.

10 Q. SO, HYPOTHETICALLY IF A PIECE OF PROPERTY IS

11 INADVERTENTLY RELEASED OUT OF AN IMPOUND LOT, WE’LL SAY, WOULD

12 THAT CONSTITUTE A BREAK IN THE CHAIN OF CUSTODY?

13 A. I’M NOT SURE. I DON’T KNOW HOW SOMETHING COULD BE

14 INADVERTENTLY RELEASED, SO I DON’T KNOW THAT THAT COULD BE A

15 BREAK IN A CHAIN OF CUSTODY. I’M NOT SURE WHAT YOU MEAN.

16 Q. ALL RIGHT.

17 ASSUME HYPOTHETICALLY THAT A MOTOR HOME WAS

18 RESIDING AT THE POLICE IMPOUND YACHT — LOT — THE YACHT TOO, AT

19 THE SAN DIEGO POLICE DEPARTMENT. AND ASSUME HYPOTHETICALLY THAT

20 IT WAS RELEASED TO A FAMILY MEMBER OF A PERSON TO WHOM THE MOTOR

21 HOME MIGHT PREVIOUSLY HAVE BELONGED.

22 MR. CLARKE: I’M GOING TO OBJECT AS BEYOND THE SCOPE AND

23 IRRELEVANT.

24 THE COURT: SUSTAINED. YOU NEED NOT ANSWER. AND YOU

25 NEED NOT CONCLUDE THE QUESTION, COUNSEL.

26

27 BY MR. FELDMAN:

28 Q. THIS CHAIN OF CUSTODY, IF SOMEBODY GETS POSSESSION
5280
1 OF AN ITEM, AND THEN LAW ENFORCEMENT WANTS IT BACK, DOES THAT

2 CONSTITUTE ANY BEARING ON THE CHAIN OF CUSTODY?

3 MR. CLARKE: SAME OBJECTION.

4 THE COURT: SAME RULING. NEXT QUESTION.

5

6 BY MR. FELDMAN:

7 Q. YOU TOLD US YOU WORE SOME KIND OF SPECIAL CLOTHING

8 WHEN YOU DID YOUR WORK IN THE FIELD. AND IN SPECIFIC, I THINK

9 YOU TOLD US THAT YOU HAD GLOVES ON IN THIS CASE, IS THAT RIGHT,

10 MA’AM?

11 A. YES.

12 Q. THAT’S BECAUSE YOU MAY COME IN CONTACT JUST IN YOUR

13 WORK WITH BODILY FLUIDS OR OTHER PHYSIOLOGIC FLUIDS?

14 A. THAT’S ONE OF THE REASONS, SURE.

15 Q. AND TO PROTECT YOURSELF FROM, I DON’T KNOW, OUTSIDE

16 CONTAMINANTS THAT COULD MAKE YOU SICK, RIGHT?

17 A. CORRECT.

18 Q. SO IT’S BOTH A SAFETY PRECAUTION BUT IS THERE ALSO

19 AN EVIDENTIARY VALUE TO THE GLOVES?

20 A. WELL, SURE. I DON’T WANT TO LEAVE MY FINGERPRINTS

21 IN CRIME SCENES.

22 Q. AND THAT’S BECAUSE?

23 A. THEN IT’S JUST MORE WORK FOR THE LATENT PRINT

24 EXAMINER BECAUSE THEN I’D HAVE TO GIVE HIM A SAMPLE OR HER A

25 SAMPLE OF MY FINGERPRINTS, AND THEN THEY HAVE TO RULE THOSE OUT,

26 AND JUST MAKES MORE WORK.

27 Q. SO, IN OTHER WORDS, ARE YOU TELLING ME THAT THE

28 IMPOSITION, WE’LL SAY, OF YOUR FINGERPRINTS AT THE CRIME SCENE,
5281
1 SPECIFICALLY THE VAN DAM RESIDENCE, COULD CONSTITUTE A FORM OF

2 CONTAMINATION?

3 A. I DON’T KNOW THAT I WOULD CONSIDER FINGERPRINTS

4 CONTAMINATION BUT DEFINITELY AN INCONVENIENCE.

5 Q. YOU TOLD US WHEN YOU ARRIVED AT THE VAN DAMS YOU

6 WAITED FOR APPROXIMATELY 10 TO 15 MINUTES BECAUSE SOMEONE WAS EN

7 ROUTE AND APPARENTLY, I DON’T KNOW, DELAYED BUT APPARENTLY NOT

8 THERE YET, RIGHT?

9 A. THAT’S RIGHT.

10 Q. WHAT WAS GOING ON IN THE 10 TO 15 MINUTE PERIOD OF

11 TIME THAT YOU WERE WAITING?

12 A. I WAS TAKING EXTERIOR PHOTOGRAPHS BECAUSE WE WERE

13 LOSING LIGHT RAPIDLY.

14 Q. SO THE PHOTOGRAPHS THAT HAVE BEEN PREVIOUSLY MARKED

15 AS 14 — I’LL HAVE THIS DOWN IN ABOUT THREE WEEKS. THE

16 PHOTOGRAPHS THAT ARE MARKED 14, THE TOP PHOTOS, ARE THOSE THE

17 EXTERIOR PHOTOS THAT YOU WERE REFERRING TO, MA’AM?

18 A. DEFINITELY “A” AND “B”.

19 Q. YES.

20 A. POSSIBLY “C” AND “D”.

21 Q. YOU TAKE PICTURES WITH A 35 MILLIMETER CAMERA, IS

22 THAT RIGHT?

23 A. THAT IS CORRECT.

24 Q. ISN’T THERE A WAY TO EMBED IN THE DATE?

25 A. WE DON’T DO THAT AT THE POLICE DEPARTMENT, AND I

26 DON’T BELIEVE OUR CAMERAS ARE CAPABLE OF THAT.

27 Q. ALL RIGHT.

28 SO YOU CAN’T TELL US TODAY WHEN THESE PHOTOS WERE
5282
1 TAKEN?

2 A. IF I HAD THE ACTUAL PHOTO INSTEAD OF THE BLOW UP I

3 COULD BECAUSE I WOULD HAVE A STICKER ON THE BACK THAT HAS MY

4 LIKE IDENTIFYING INFORMATION ON THEM.

5 Q. YOU’D NEED THE ORIGINAL PHOTO TO DO THAT, THOUGH,

6 WOULD YOU?

7 A. YES.

8 Q. AND THAT’S BECAUSE THE COPIES DON’T CONTAIN, TO THE

9 BEST OF YOUR KNOWLEDGE ANYWAY, SOME FORM OF IDENTIFICATION TO

10 ALLOW YOU TO KNOW WHEN THE PHOTOS WERE TAKEN?

11 A. THE ENLARGEMENTS DO NOT, AS FAR AS I KNOW. I DON’T

12 MAKE THE ENLARGEMENTS.

13 Q. HOW ABOUT COPIES?

14 A. IF IT’S A COPY I MADE AND PROVIDED TO THE

15 DETECTIVES, THEN YES, IT WOULD HAVE A STICKER ON IT.

16 Q. HOW ABOUT IF IT’S A COPY THAT SOMEHOW GOT GENERATED

17 THROUGH ORDINARY BUSINESS OR ORDINARY MEANS AND BECAME IN THE

18 POSSESSION OF THE DEFENSE?

19 A. NO.

20 Q. OKAY. SO —

21 MR. FELDMAN: IF I COULD HAVE MARKED AS DEFENSE — I’M

22 SORRY, COURT’S NEXT —

23 THE COURT: IT WILL BE 87.

24 (MARKED FOR ID: = TRIAL EX. 87 – PHOTO )

25

26 BY MR. FELDMAN:

27 Q. SHOWING YOU WHAT’S BEEN MARKED 87, NOW WE’VE GOT A

28 STICKER ON THE BACK BUT IT’S AN EVIDENCE TAG. CAN YOU TELL
5283
1 WHEN — FIRST OF ALL, IS 87 A TRUE COPY OF ANY OF THE PICTURES

2 YOU SEE UP ON THE WALL?

3 A. IT APPEARS TO BE PHOTO “A”.

4 Q. ALL RIGHT.

5 CAN YOU TELL ME, LOOKING AT THE COPY THAT I JUST

6 PROVI — WELL, DIRECTING YOUR ATTENTION, I’M SORRY, TO 87, THAT

7 APPEARS TO BE A TRUE COPY OF “A”, CAN YOU TELL ME WHEN “A” WAS

8 TAKEN?

9 A. YES. THIS WAS TAKEN ON FEBRUARY 2ND.

10 Q. AND YOU SAY “THIS”, YOU’RE REFERRING TO THE PHOTO I

11 GAVE YOU, MA’AM?

12 A. WELL, THE NEGATIVE, RIGHT.

13 Q. OKAY. SO THEN WE CAN SAY THAT “A” WAS TAKEN ON THE

14 2ND?

15 A. YES.

16 Q. CAN YOU MAKE THE SAME INFERENCE FROM “B”?

17 A. YOU KNOW, I CAN — I’D FEEL MORE COMFORTABLE IF I

18 COULD SEE THE PICTURES WITH MY LABEL ON THE BACK, BUT THAT DOES

19 LOOK LIKE A PICTURE I TOOK.

20 Q. WELL — AND REGARDLESS, JUST AS PART OF YOUR JOB,

21 YOU RECORD LISTS, DON’T YOU? YOU KEEP TRACK OF WHAT YOU DO, IS

22 THAT RIGHT?

23 A. YES.

24 Q. YOU PREPARE BOTH EVIDENCE LISTS AND WHEN YOU DO

25 PHOTOGRAPHS YOU PREPARE PHOTOGRAPH LISTS, DON’T YOU?

26 A. YES.

27 Q. AND AS PART OF WHAT YOU DO IN PREPARATION FOR

28 COMING TO COURT WERE THOSE LISTS REVIEWED?
5284
1 A. YES.

2 Q. DO YOU ARTICULATE IN THE PHOTOGRAPH LIST THE

3 SPECIFICS OF WHAT WAS BEING TAKEN AND WHEN?

4 A. WELL, THEY’RE MORE GENERAL. SO IT WOULD MENTION

5 THAT THEY’RE EXTERIOR PHOTOGRAPHS OF THE FRONT OF THE HOUSE OR

6 THE SIDE OF THE HOUSE. IT WOULDN’T GET SPECIFICALLY INTO EACH

7 AND EVERY PHOTOGRAPH.

8 Q. DO YOU HAVE A COPY OF YOUR FIELD SERVICES UNIT LAB

9 REPORT THAT DEPICTS THE PHOTOGRAPH?

10 A. YES.

11 Q. IF IT MATTERS, IT’S OUR DISCOVERY NUMBER 1105. I

12 DON’T KNOW IF YOU SEQUENCE THAT WAY OR NOT.

13 A. FOR MY REPORT IT’S CALLED SUPPLEMENTAL PHOTOGRAPH

14 LIST NO. 1.

15 Q. IF I COULD TAKE A LOOK AT THAT.

16 A. OKAY.

17 Q. I’M SHOWING YOU WHAT APPEARS TO BE A FIELD SERVICES

18 UNIT LAB REPORT THAT SAYS “PHOTOGRAPH LIST.” IT REFLECTS

19 EVIDENCE TAG 850125, AND IT SPECIFICALLY INDICATES THAT I GUESS

20 EITHER YOU OR MR. INZUNZA TOOK PHOTOGRAPHS ONE THROUGH 163 AT

21 12011 MOUNTAIN PASS ROAD; IS THAT CORRECT?

22 A. THAT’S CORRECT. AND THIS WOULD ACTUALLY BE MR.

23 INZUNZA’S PHOTOGRAPHS.

24 Q. ALL RIGHT.

25 SO WHEN YOU SAY “THIS” YOU WERE REFERRING TO THE

26 LIST THAT I SHOWED YOU; IS THAT CORRECT?

27 A. CORRECT. THE REPORT THAT YOU SHOWED ME.

28 Q. AS OPPOSED TO THE LIST THAT YOU ARE CALLING
5285
1 “SUPPLEMENTAL PHOTOGRAPH LIST ONE”?

2 A. CORRECT.

3 Q. SO YOU HAVE A SUPPLEMENTAL LIST THAT SUPPLEMENTS

4 MR. INZUNZA’S LIST?

5 A. RIGHT. AND THAT HAPPENED BECAUSE I DID THE

6 EXTERIOR PHOTOGRAPHS AND HE STARTED WITH THE INTERIOR

7 PHOTOGRAPHS. SO THAT’S HIS LIST OF THE PICTURES HE TOOK, AND

8 THEN I JUST MADE MINE AS A SUPPLEMENTAL LIST TO THAT ONE.

9 Q. AND HIS PHOTOS ONE AND TWO SAY “VIEWS OF THE FRONT

10 DOOR.” IS THAT WHAT YOUR PHOTOS SAY, TOO?

11 A. NO. HIS PHOTOS — LET’S SEE. I DON’T — I DON’T

12 BELIEVE I HAVE ONE ON MY LIST THAT SAY “VIEWS OF THE FRONT

13 DOOR.”

14 Q. WELL, LET ME SHOW YOU MR. INZUNZA’S.

15 A. OKAY. OKAY.

16 Q. DOES MR. INZUNZA’S LIST SAY ONE AND TWO VIEWS OF

17 THE FRONT DOOR?

18 A. YES, IT DOES.

19 Q. AND DOES YOUR LIST SAY STARTING AT 291 THROUGH 366,

20 HUH?

21 A. IT DOESN’T SAY THAT BUT IT SAYS EXTERIOR VIEWS OF

22 THE FRONT OF THE HOUSE, AND THAT COULD INCLUDE VIEWS OF THE

23 FRONT DOOR. THAT’S WHY I’M NOT CERTAIN ABOUT “C” AND “D”.

24 Q. SO WE JUST DON’T KNOW — THE PHOTOS ARE ACCURATE,

25 YOU JUST DON’T KNOW WHO TOOK THEM, THAT’S FAIR?

26 A. THAT’S FAIR.

27 Q. ALL RIGHT.

28 THE PURPOSE OF THE PHOTOS, THOUGH, IS TO PRESERVE
5286
1 AS ACCURATELY AND MEMORIALIZE AS ACCURATELY AS POSSIBLE THE

2 PRECISE CONDITION OF THE AREAS THAT YOU’RE PHOTOGRAPHING?

3 A. THAT’S CORRECT.

4 Q. AND THE REASON FOR THAT IS IS BECAUSE IT’S

5 IMPORTANT WHEN YOU FIRST GO INTO THE SCENE TO DOCUMENT EXACTLY

6 HOW IT APPEARS, ISN’T THAT TRUE?

7 A. THAT’S TRUE.

8 Q. AND THAT’S PART OF YOUR JOB, RIGHT?

9 A. THAT IS PART OF MY JOB.

10 Q. AND SINCE IT’S PART OF YOUR JOB TO DOCUMENT WITH

11 PRECISION THE WAY THE HOUSE IS, YOU’RE CAREFUL NOT TO DO

12 ANYTHING TO INTERFERE WITH POTENTIAL TRACE OR OTHER EVIDENCE,

13 ISN’T THAT RIGHT?

14 A. AS MUCH AS HUMANLY POSSIBLE, THAT’S CORRECT.

15 Q. OF COURSE, WHEN YOU GO IN THE HOUSE FOR THE FIRST

16 TIME YOU DON’T KNOW WHAT IS OR ISN’T EVIDENCE; IS THAT CORRECT?

17 A. THAT’S CORRECT.

18 Q. YOU WALK IN A STRAIGHT LINE?

19 A. WE — NOT LIKE PRESCHOOLERS, BUT AS STRAIGHT AS WE

20 CAN ONE IN FRONT OF THE OTHER, CAREFUL NOT TO TOUCH THINGS, THE

21 FRONT PERSON IS VERY CAREFULLY LOOKING.

22 Q. AND SO, THEORETICALLY, WHEN YOU FIRST ENTERED THE

23 VAN DAM RESIDENCE, IT APPEARED AS WE SEE IN 14, CORRECT?

24 A. AGAIN, WITHOUT SEEING THE PHOTOGRAPHS, I DON’T KNOW

25 WHICH DAY THESE PHOTOS WERE TAKEN ON.

26 Q. OKAY.

27 A. SO TO THE BEST OF MY RECOLLECTION, THAT’S WHAT IT

28 LOOKED LIKE.
5287
1 Q. REDIRECTING YOUR ATTENTION NOW TO 23, AND

2 SPECIFICALLY “A”, “B” AND “C”. WITH REGARD TO “A”, “B” AND “C”,

3 THOSE WERE THE CHILDRENS ROOMS UPSTAIRS, IS THAT RIGHT?

4 A. THAT’S RIGHT.

5 Q. AND YOUR PHOTOGRAPHS, OR THE PHOTOGRAPHS AS

6 DEPICTED, ACCURATELY DEPICT THE CONDITION OF THE EXTERIOR OF

7 EACH OF THE DOORS AS ONE WOULD LOOK AT THE DOORS FROM THE

8 HALLWAY, ISN’T THAT TRUE?

9 A. THAT’S TRUE.

10 Q. SO, FROM THE HALLWAY, FOR INSTANCE, LOOKING AT THE

11 DOOR THAT’S ON THE LEFT OF PHOTO “A” IN 23, ALL YOU WOULD SEE

12 ARE THREE DESIGNS, IS THAT RIGHT?

13 A. THAT’S RIGHT.

14 Q. CAN’T TELL WHAT SEX, JUST YOU’D SEE THOSE THREE

15 THINGS, CORRECT?

16 A. I WOULDN’T SAY THAT’S ENTIRELY CORRECT.

17 Q. WELL, YOU CAN SEE THE — OTHER THAN SEEING THE

18 FENCE OR GATE AT THE BOTTOM, HOW WOULD YOU SEX DISCRIMINATE?

19 A. I THINK THOSE ARE DEFINITELY FEMININE HEARTS AND

20 FLOWERS AND THE COLORS, AND THOSE AREN’T TYPICALLY DECORATIONS I

21 WOULD EXPECT TO FIND ON A YOUNG BOY’S ROOM.

22 Q. DO YOU HAVE YOUNG BOYS?

23 A. NO, I HAVE A GIRL.

24 Q. DIRECTING YOUR ATTENTION TO THE DOOR THAT APPEARS

25 IN “A” ON THE RIGHT, WE SEE SOME OTHER DESIGN, WHICH I’M TRYING

26 TO CIRCLE THERE NEXT TO THE DOOR HANDLE?

27 A. RIGHT.

28 Q. WHAT’S THAT?
5288
1 A. I DON’T RECALL EXACTLY WHAT IT IS AND I CAN’T SEE

2 IT FROM HERE.

3 Q. IF I MOVE THE — DO YOU THINK IF I MOVE THE PHOTO

4 CLOSER IT WOULD HELP YOU?

5 A. I MIGHT BE ABLE TO.

6 I STILL CAN’T TELL WHAT IT IS. I THINK IT WAS A

7 TARZAN OR SOMETHING.

8 Q. GUESSING?

9 A. YEAH, I’M GUESSING. IT WAS SOME SORT OF A ACTION

10 TYPE CHARACTER.

11 Q. DO WE SEE THEN THE THIRD BOY’S DOOR IN ANY OF —

12 THE THIRD CHILD’S DOOR ON IN ANY OF THE PHOTOGRAPHS THAT IS

13 MARKED 23?

14 A. NOT IN THESE PHOTOGRAPHS.

15 Q. DIRECTING YOUR ATTENTION TO WHAT’S BEEN PREVIOUSLY

16 MARKED 19. CAN YOU SEE THE THIRD BOY’S DOOR — 19, I WON’T LET

17 IT FALL ON YOU.

18 A. NO.

19 Q. YOU DO NOT?

20 A. THAT’S THE MASTER BEDROOM DOOR.

21 Q. I’M SORRY. WHEN YOU SAY THAT, YOU’RE REFERRING TO

22 THE DOOR THAT APPEARS IN “F”; IS THAT RIGHT, MA’AM?

23 A. YES, YES.

24 Q. NOW, WE SEE THESE OVERHEAD LIGHTS OR WHAT APPEARS

25 TO BE OVERHEAD LIGHTS IN “F”, IS THAT RIGHT?

26 A. YES.

27 Q. DID YOU DO ANY, I DON’T KNOW, ATTEMPT TO SEE

28 WHETHER OR NOT YOU COULD TELL WHAT DESIGNS, IF ANY, WERE LOCATED
5289
1 ON THE KIDS’ DOORS IN THE DARK?

2 A. I DON’T RECALL IF THE LIGHTS WERE ON OR OFF, BUT I

3 DO KNOW THAT WE HAVE FLASHLIGHTS.

4 Q. NO. I’M THINKING ABOUT —

5 A. SO —

6 Q. I’M NOT TALKING ABOUT FLASHLIGHTS. I’M ASKING YOU

7 DID YOU LOOK TO SEE WHETHER OR NOT YOU COULD IDENTIFY WHAT WAS

8 ON THE OUTSIDE OF THESE DOORS WITH ALL THE LIGHTS TURNED OFF

9 UPSTAIRS? DID YOU CHECK THAT?

10 A. I DON’T THINK — I REALLY DON’T RECALL IF THE

11 LIGHTS WERE ON OR OFF, SO I DON’T — I CAN’T ANSWER THAT YES OR

12 NO. I JUST DON’T KNOW.

13 Q. WELL, WITH REGARD TO YOUR NOTES, DO YOU INDICATE IN

14 ANY LOCATION IN YOUR NOTES ANY PLACE THAT YOU DID A CHECK OF THE

15 HALLWAY OF THE VAN DAM RESIDENCE UPSTAIRS AREA WITH ALL THE

16 LIGHTS OFF?

17 A. NO. THAT WOULDN’T BE IN MY NOTES.

18 Q. AND THE PURPOSE OF YOUR NOTES IS TO RECORD

19 CONTEMPORANEOUSLY THAT WHICH YOU’RE DOING, IS THAT RIGHT?

20 A. WELL, THE DETECTIVES RECORD THE ATMOSPHERE TYPE

21 CONDITIONS LIKE LIGHTS ON, LIGHTS OFF. THAT’S NOT SOMETHING

22 THAT I GENERALLY RECORD.

23 Q. OKAY. BUT I’M ASKING YOU NOW JUST A LITTLE BIT

24 DIFFERENT THAN THE WAY IT APPEARED. I’M ASKING YOU WHETHER YOU

25 MADE ANY EFFORT AS AN EVIDENCE TECHNICIAN TO DETERMINE WHAT YOU

26 COULD SEE IN THE UPSTAIRS ONCE THE DOORS WERE CLOSED AND THE

27 LIGHTS WERE OFF.

28 A. NO, I DIDN’T.
5290
1 Q. ALL RIGHT.

2 Q. YOU MENTIONED THAT YOU HAD DONE SOME FINGERPRINT

3 LIFTS ON THE BANISTER, IS THAT RIGHT?

4 A. YES.

5 Q. DIRECTING YOUR ATTENTION TO 19A, WE SEE A BANISTER?

6 A. OH, I’M SORRY, YES.

7 Q. AND THE BANISTER THAT WE SEE, IS THAT THE BANISTER

8 FROM WHICH YOU SOUGHT TO OBTAIN LATENT FINGERPRINTS?

9 A. YES, IT IS.

10 Q. CAN YOU TELL US SPECIFICALLY WHERE ON THE BANISTER,

11 IF YOU RECALL, WHERE YOU — WELL, FIRST QUESTION.

12 HOW MANY LIFTS DID YOU OBTAIN?

13 A. I WOULD HAVE TO TAKE A LOOK AT MY NOTES TO FIND

14 OUT.

15 Q. PLEASE.

16 A. I OBTAINED SEVEN LATENT LIFTS FROM THE BANISTER.

17 Q. SEVEN. AND WHEN YOU INDICATE THAT YOU’RE OBTAINING

18 LATENT LIFTS, COULD YOU TELL US WHAT’S A LATENT LIFT?

19 A. RIGHT. A LATENT FINGERPRINT IS SIMPLY A

20 FINGERPRINT THAT YOU CAN’T SEE AND THEN YOU DEVELOP IT WITH A

21 MEDIUM SUCH AS FINGERPRINT POWDER AND LIFT IT WITH THE CLEAR

22 TAPE AND PLACE IT ON A CARD, AND WE CALL THOSE LATENT LIFTS.

23 Q. WHAT’S THE POINT OF OBTAINING A LATENT LIFT?

24 A. TO PRESERVE IT SO THAT IT CAN BE COMPARED TO KNOWN

25 FINGERPRINTS OR RUN THROUGH OUR DATABASE TO SEE IF WE CAN

26 IDENTIFY A SUSPECT.

27 Q. SO I THINK YOU JUST TOLD US THERE’S A COMPUTER DATA

28 BASE THAT ALLOWS YOU TO IDENTIFY CERTAIN CHARACTERISTICS OF
5291
1 FINGERPRINTS, IS THAT RIGHT?

2 A. RIGHT. THE LATENT PRINT UNIT WOULD DO THAT.

3 Q. ALL RIGHT.

4 AND CAN YOU TELL US WHERE ON THE BANISTER YOU TOOK

5 THE SEVEN LATENTS?

6 A. SURE, IF I LOOK AT MY NOTES.

7 Q. PLEASE.

8 A. MAYBE I SHOULD POINT FOR YOU —

9 Q. ACTUALLY, WHAT I WAS HOPING — IF YOU CAN, WHAT I

10 WAS HOPING YOU COULD DO IS CIRCLE ON THE BANISTER IF YOU SEE IT.

11 A. I CAN GIVE YOU A GENERALIZED AREA, NOT A PRECISE

12 LOCATION.

13 Q. WHATEVER WORKS BEST FOR YOU, MA’AM.

14 A. OKAY. WHAT SHOULD I USE TO CIRCLE?

15 Q. HOW ABOUT A MARKER?

16 A. OKAY.

17 Q. DO YOU THINK THAT WILL SHOW THE BEST?

18 A. I THINK IT MIGHT.

19 Q. PLEASE.

20 A. (WITNESS COMPLYING.)

21 THERE WAS A LIFT IN THAT GENERAL AREA.

22 Q. WHEN YOU SAY THAT YOU’VE JUST DRAWN — I’M SORRY, I

23 DIDN’T MEAN TO OVERSTEP YOU.

24 A. THAT’S OKAY.

25 Q. BUT OVER IN THE RIGHT CORNER OF “A” ON 19, YOU DREW

26 A CIRCLE ON THE — I GUESS ON THE NORTHERN PART OF THE BANISTER,

27 IS THAT A FAIR STATEMENT, OR CAN YOU DESCRIBE IT IN A WAY YOU’RE

28 COMFORTABLE WITH?
5292
1 A. YEAH. DOWN AT THE BOTTOM OF THE BANISTER ENTRY

2 JUST ABOVE THE FIRST BALL ON THE HANDRAIL — ON THE HANDRAIL

3 THAT’S CLOSEST TO THE FRONT DOOR.

4 Q. NOW, HANDRAIL THAT’S CLOSEST TO THE FRONT DOOR. SO

5 YOU WERE LOOKING FOR EVIDENCE OF SOMEBODY THAT MIGHT HAVE BROKEN

6 INTO THAT RESIDENCE, ISN’T THAT TRUE?

7 A. WELL, IN MY — THAT IS TRUE, BUT MY DESCRIPTION IS

8 DIFFERENTIATING BETWEEN THE HANDRAIL THAT’S CLOSEST TO THE FRONT

9 DOOR AS OPPOSED TO THE HANDRAIL THAT’S CLOSEST TO THE DINING

10 ROOM. THAT’S SIMPLY SO I KNOW WHICH SIDE OF THE STAIRWELL.

11 Q. OKAY. SO YOU’VE SHOWN US WHERE ONE OF THE LIFTS

12 WAS POTENTIALLY —

13 A. RIGHT.

14 Q. COULD YOU SHOW US WHERE THE OTHERS ARE, PLEASE?

15 A. (WITNESS COMPLYING.)

16 Q. I CAN MOVE THESE OUT OF YOUR WAY BUT IT’S A LITTLE

17 BIT CRAMPY HERE?

18 A. IN THIS GENERAL AREA.

19 Q. I’M SORRY, YOU SAID THIS GENERAL AREA?

20 A. WHICH —

21 Q. YOU’VE DRAWN A SECOND RED CIRCLE, IS THAT RIGHT,

22 MA’AM?

23 A. ON THE SAME HANDRAIL BUT CLOSER TO THE SECOND BALL.

24 Q. OKAY. AND THIS WOULD AGAIN BE PHOTOGRAPH “A” OF

25 EXHIBIT 19, IS THAT RIGHT, MA’AM?

26 A. THAT’S CORRECT.

27 Q. THANK YOU.

28 A. THE NEXT ONE I HAVE THAT PART OF THE HANDRAIL IS
5293
1 NOT IN THE PHOTOGRAPH.

2 Q. OKAY.

3 IN OTHER WORDS, IT’S SOMEWHERE UP ABOVE WHERE WE

4 SEE THE “A”, IS THAT A FAIR STATEMENT?

5 A. RIGHT, RIGHT.

6 Q. CAN YOU DRAW A CIRCLE ON THE BOARD WITH AN ARROW

7 JUST TO INDICATE AN APPROXIMATE AREA?

8 A. OKAY. WE’LL SEE IF I CAN —

9 Q. BUT SINCE YOU’RE LOOKING AT YOUR NOTES, MA’AM, CAN

10 YOU ARTICULATE — TELL US WHAT YOUR NOTES SAY, IF THAT HELPS YOU

11 COMMUNICATE PRECISELY WHERE THE LIFT CAME FROM.

12 A. OKAY. I WRITE A LOT OF MY NOTES IN SORT OF

13 SHORTHAND TO MYSELF, SO THIRD SEGMENT OF WOOD HANDRAIL TO STAIRS

14 AT LAST FLIGHT CLOSEST TO THE HALLWAY CABINETS. AND THEN I DRAW

15 A LITTLE PICTURE SO IT HELPS ME REMEMBER WHAT I WAS TRYING TO

16 TELL MYSELF.

17 Q. YOU JUST SAID “LAST FLIGHT CLOSEST TO THE HALLWAY

18 CABINETS,” RIGHT?

19 A. YES.

20 Q. EXCUSE ME. AND YOU SEE THOSE ON 14?

21 A. NO. A PORTION OF IT IS ON HERE, BUT NOT THE PART I

22 NEED, I’M AFRAID. A PORTION OF IT IS ON PICTURE “A”.

23 Q. OKAY. I’LL SEE WHAT I CAN DO TO GET YOU SOMETHING

24 A LITTLE LIGHTER TO WRITE ON A LIGHT SPOT.

25 BEFORE I TEAR MY PHOTOS APART, I WANT TO SHOW YOU A

26 SERIES OF PICTURES AND ASK YOU WHETHER OR NOT ANY OF THE

27 PICTURES — SORRY — DEPICTS THE AREA THAT YOU’RE AFTER AND

28 THAT, IF SO, THEN I’LL TEAR MY PICTURE APART.
5294
1 A. OKAY.

2 Q. I’M SHOWING YOU, MA’AM, EIGHT PHOTOGRAPHS THAT JUST

3 CAME OUT OF MY NOTEBOOK WHICH I’VE SHOWN TO COUNSEL. I’M JUST

4 ASKING YOU CAN YOU PLEASE LOOK AT THESE AND TELL ME DOES THE

5 AREA YOU’RE AFTER OR ATTEMPTING TO LOCATE APPEAR IN ANY OF THE

6 PHOTOS I’M SHOWING YOU?

7 A. YES.

8 Q. CAN YOU TELL ME WHICH PHOTO, PLEASE?

9 A. THIS ONE.

10 Q. ALL RIGHT.

11 YOUR HONOR, FOR THE RECORD, WHEN THE WITNESS

12 POINTED TO THIS ONE — I’D LIKE TO HAVE MARKED AS DEFENSE NEXT

13 IN ORDER A PHOTOGRAPH — I’M SORRY, COURT’S NEXT IN ORDER.

14 THE COURT: IT WILL BE 88.

15 (MARKED FOR ID: = TRIAL EX. 88, PHOTO )

16

17 BY MR. FELDMAN:

18 Q. MA’AM, I’M SHOWING YOU WHAT’S BEEN MARKED 88. IS

19 THIS THE SAME PICTURE YOU WERE JUST TELLING ME ABOUT?

20 A. YES.

21 Q. COULD YOU PLEASE INDICATE ON 88 WHERE THE

22 FINGERPRINT, THE LATENT PRINT CAME FROM THAT YOU DID NOT SEE IN

23 “A”?

24 A. DID YOU WANT ME TO DRAW ON YOUR PICTURE?

25 Q. IT’S NOW THE COURT’S, SO FINE.

26 A. (WITNESS INDICATING.)

27 Q. HAVE YOU NOW HAD THE OPPORTUNITY TO CIRCLE THE

28 AREA?
5295
1 A. YES. AND THEN —

2 Q. COULD YOU DESCRIBE IT PRECISELY AND SHOW IT TO THE

3 JURY SO AT LEAST THEY KNOW WHAT IT IS YOU’VE DONE AND THEY CAN

4 SEE?

5 A. OKAY. THIS IS THE SEGMENT OF THE HANDRAIL. AND

6 CAN I POINT TO — ON THIS PICTURE, TOO, WHERE IT WOULD BE.

7 Q. PLEASE. WHATEVER YOU NEED TO COMMUNICATE, MA’AM?

8 A. THIS IS THE FIRST FLIGHT AND THEN THE LANDING, AND

9 THIS IS THE SECOND ONE AND THEN A LANDING, AND THEN THERE’S A

10 THIRD LITTLE FLIGHT OF STAIRS WITH THIS HANDRAIL, AND THAT’S THE

11 HANDRAIL I’M TALKING ABOUT. IT’S THE ONE THAT’S AT THE THIRD

12 AND FINAL FLIGHT OF STAIRS BEFORE YOU GET TO THE LANDING OF THE

13 UPSTAIRS.

14 Q. AND IN 88 YOU’VE NOW CIRCLED THE AREA THAT YOU’VE

15 BEEN TRYING TO DESCRIBE THAT WE DON’T SEE IN “A”, IS THAT RIGHT,

16 MA’AM?

17 A. RIGHT, THE GENERAL AREA.

18 Q. AND OF THE SEVEN TOTAL LATENTS THAT YOU LIFTED,

19 WHICH NUMBER IS THE LIFT THAT’S DEPICTED IN 88?

20 A. I HAVE THAT ARE LABELED LIFT CARD NO. 10 OF 14.

21 Q. OKAY. COULD YOU WRITE ON THE BACK OF THIS PLEASE

22 10 OF 14 AND MAYBE A “DS”, OR HOWEVER YOU MIGHT INITIAL, SO THAT

23 THE RECORD SHOWS?

24 A. (WITNESS COMPLYING.)

25 THERE’S GOING TO BE ANOTHER ONE ON THAT HANDRAIL.

26 DO YOU WANT ME TO PUT THAT ON THERE, TOO?

27 Q. WELL, IN THAT CASE, FIRST, LET ME ASK YOU ABOUT IT

28 AND THEN YES, PLEASE TELL ME. YOU JUST TOLD ME THERE IS GOING
5296
1 TO BE ANOTHER LATENT ON THE HANDRAIL. THAT’S RIGHT, ISN’T IT?

2 A. YES.

3 Q. OKAY. AND THAT — THE HANDRAIL THAT YOU’RE MAKING

4 REFERENCE TO IS THE HANDRAIL DEPICTED IN 88?

5 A. THAT’S CORRECT.

6 Q. BUT NOT DEPICTED IN “A” 19?

7 A. CORRECT.

8 Q. SO COULD YOU PLEASE MARK WHERE THE NEXT ONE TO

9 WHICH YOU MADE REFERENCE WOULD APPEAR?

10 A. (WITNESS COMPLYING.)

11 Q. HAVE YOU HAD THE OPPORTUNITY TO DO SO, MA’AM?

12 A. YES.

13 Q. SO NOW WE SEE TWO CIRCLES IN THE AREA OF THE

14 HANDRAIL. CAN YOU DESCRIBE IT FOR THE RECORD, PLEASE?

15 A. YES. IT’S ON THE SAME HANDRAIL THAT I JUST HAD

16 DESCRIBED TO YOU BUT ABOVE IT HEADING UP THE STAIRS.

17 Q. ARE YOU ABLE TO TELL ORIENTATION OF THE PRINT?

18 A. THAT’S NOT REALLY MY JOB BECAUSE, IN MOST CASES,

19 FINGERPRINTS AREN’T REAL CRISPY CLEAR SHAPES OF FINGERS, SO I

20 GENERALLY JUST LIFT WHAT I FIND IF I SEE RIDGE DETAIL THERE.

21 Q. I’M SORRY. YOU JUST USED THE WORD “RIDGE DETAIL.”

22 WHAT’S RIDGE DETAIL?

23 A. WELL, WHEN YOU LEAVE A FINGERPRINT YOU’RE LEAVING

24 AN IMPRESSION OF THE RIDGES THAT YOU CAN SEE ON YOUR FINGERS.

25 SO IF THERE’S, YOU KNOW, ENOUGH RIDGES SO THAT I CAN SEE DETAIL

26 IN THE RIDGES, THEN IT’S NOT JUST A LITTLE DOT OR SOMETHING,

27 THEN I’LL COLLECT IT.

28 Q. SO, IN OTHER WORDS, YOU FORM THE OPINION AS TO
5297
1 WHETHER OR NOT THE LATENT IS OF VALUE OR NOT OF VALUE?

2 A. THAT’S CORRECT.

3 Q. AND YOU WILL NOT NECESSARILY LIFT A LATENT THAT HAS

4 NO VALUE, IS THAT A FAIR STATEMENT?

5 A. PRETTY CLOSE. I USUALLY WILL LIFT IT AND THEN

6 DETERMINE IF IT’S OF VALUE. BECAUSE SOMETIMES YOU’LL LOOK AT IT

7 AND IT’S JUST A LITTLE BIT CLEARER ONCE YOU LIFT IT. I DIDN’T

8 LABEL THAT.

9 Q. OH, PLEASE.

10 A. AND TODAY’S THE 18TH?

11 Q. FUNNY HOW TIME FLIES.

12 A. ACTUALLY, I’LL LABEL THE FRONT FOR YOU.

13 OKAY. I LABELED THE CIRCLES WITH THE SAME NUMBERS

14 THAT ARE ON MY LATENT LIFT CARDS.

15 Q. AND NOW YOU’VE WRITTEN IN GREEN INK, IS THAT RIGHT?

16 A. YES.

17 Q. THOSE ARE THE CIRCLES TO WHICH YOU WERE MAKING

18 REFERENCE?

19 A. YES.

20 Q. ALL RIGHT.

21 SO YOU’RE TELLING US WE GOT AT LEAST THREE LIFTS

22 BUT I THOUGHT YOU TOLD US THERE WAS A TOTAL OF SEVEN LIFTS OFF

23 THE BANISTER?

24 A. YES, YES. I’M NOT FINISHED.

25 Q. OKAY.

26 MR. FELDMAN: YOUR HONOR, WITH THE COURT’S PERMISSION,

27 CAN I PLACE THIS UP ON THE BOARD?

28 THE COURT: CERTAINLY.
5298
1 MR. FELDMAN: YES?

2 THE COURT: CERTAINLY.

3 MR. FELDMAN: THANK YOU.

4 THE WITNESS: WE ARE GOING TO GO BACK TO THIS PHOTO, MR.

5 FELDMAN.

6

7 BY MR. FELDMAN:

8 Q. OKAY. SO I WON’T PLACE IT UP YET.

9 CAN YOU PLEASE TELL ME WHAT HAVE YOU NOW FOUND AND

10 DESCRIBED FOR THE JURY, WHAT IT IS, PLEASE?

11 A. OKAY. THIS LIFT, LATENT LIFT IS ON THE LAST

12 SEGMENT OF THE HANDRAIL, WHICH IS CUT OUT OF THIS PICTURE.

13 Q. OKAY. I’M SORRY. WHEN YOU SAY —

14 A. OUT OF PICTURE “A”, I’M SORRY.

15 Q. THANK YOU.

16 A. WHICH IS AT THE VERY TOP OF THE STAIRS ON THE

17 LANDING.

18 I’M AFRAID THESE MARKERS AREN’T THE GREATEST FOR

19 WRITING ON PICTURES.

20 Q. WOULD INK HELP YOU? WOULD STRAIGHT INK, DO YOU

21 THINK?

22 A. IT MIGHT BE A LITTLE SMALLER SO —

23 Q. WHATEVER YOU LIKE, MA’AM.

24 A. OKAY. I THINK THE OTHER ONES WE’LL BE ABLE TO SHOW

25 ON THE LARGE PICTURE.

26 Q. OKAY. SO I’M GOING TO JUST TAPE 88 UP ON THE CHART

27 AND I’M GOING TO WRITE — THANK YOU — 88 UNDER IT ON THE CHART

28 SO WE REMEMBER THE NUMBER.
5299
1 NOW YOU STARTED TO TELL ME THERE’S OTHER PRINTS,

2 MA’AM, PLEASE?

3 A. RIGHT. THEN I HAVE ONE THAT THE TOP OF THE FIRST

4 SEGMENT OF HANDRAIL.

5 Q. FOR THE RECORD, YOU’RE CIRCLING IT IN RED?

6 A. THAT’S CLOSEST TO THE DINING ROOM.

7 Q. YES, MA’AM?

8 A. AND?

9 A. NO. 1 IS ON THAT SAME HANDRAIL BUT JUST PAST THE —

10 LIKE A BALL.

11 Q. AND YOU’VE JUST CIRCLED THAT ONE IN RED; IS THAT

12 CORRECT?

13 A. CORRECT.

14 Q. DOES IT SHOW? I CAN’T TELL IN THE GLARE.

15 A. IT DOESN’T SHOW GREAT BUT IT’S THERE.

16 Q. HOW ABOUT WE USE SOMETHING THAT WILL SHOW?

17 A. OKAY.

18 Q. I JUST HAPPEN TO HAVE A RED PEN. THIS WILL HELP

19 YOU.

20 A. I NEED TO BE A LITTLE BIT TALLER.

21 Q. ME, TOO.

22 A. HOW’S THAT?

23 Q. JUST FOR THE RECORD, WHAT YOU’VE DONE IS JUST KIND

24 OF OVER RIGHT WHERE YOU’VE PREVIOUSLY CIRCLED SO NOW WE CAN SEE

25 IT, RIGHT?

26 A. CORRECT.

27 Q. OKAY. SO NOW, THE PURPOSE OF YOUR TAKING THE

28 PHOTOGRAPHS OFF THE BANISTER IS TO SEE WHETHER OR NOT YOU COULD
5300
1 IDENTIFY THE PERSON, IF ANY, WHO HAD COME INTO THE HOUSE WHO

2 DIDN’T BELONG, IS THAT RIGHT?

3 MR. CLARKE: OBJECT. I THINK THAT’S ARGUMENTATIVE, NO

4 FOUNDATION.

5 THE COURT: SUSTAINED. YOU NEED NOT ANSWER.

6

7 BY MR. FELDMAN:

8 Q. WHAT WAS YOUR PURPOSE IN TAKING THOSE LATENTS?

9 A. LOOKING FOR SUSPECT FINGERPRINTS.

10 Q. AND YOU DO THAT AS PART OF YOUR JOB TRYING TO

11 IDENTIFY THE PRESENCE OR ABSENCE OF SUSPECTS, RIGHT?

12 A. WELL, I TRY TO IDENTIFY THE PRESENCE OR ABSENCE OF

13 SUSPECT FINGERPRINTS.

14 Q. OKAY.

15 Q. DID YOU LOOK INSIDE DANIELLE VAN DAM’S BEDROOM FOR

16 THE PURPOSE OF IDENTIFYING LATENT FINGERPRINT EVIDENCE, MA’AM?

17 A. YES, I DID.

18 Q. AND DID YOU TAKE ANY LIFTS FROM THE YOUNG

19 DANIELLE’S BEDROOM?

20 A. YES, I DID.

21 Q. ABOUT HOW MANY?

22 A. WHICH DAY?

23 Q. ANY — JUST TOTAL. I MEAN, I TAKE IT YOU WENT BACK

24 ON A NUMBER OF DIFFERENT OCCASIONS. THAT’S TRUE, ISN’T IT?

25 A. YES.

26 Q. IN FACT, ALTHOUGH IT DIDN’T COME OUT, I DON’T

27 THINK, SPECIFICALLY ON DIRECT, THERE WAS A TIME WHEN YOU WENT

28 BACK, OR YOUR AGENCY WENT BACK, AND LITERALLY REMOVED A WALL,
5301
1 ISN’T THAT RIGHT?

2 A. WELL, PORTIONS OF THE WALL, YES.

3 Q. FOR THE PURPOSE OF GETTING LATENT FINGERPRINT

4 EVIDENCE, IS THAT RIGHT?

5 A. YES.

6 Q. DO YOU RECALL ABOUT WHAT DATE IT WAS?

7 A. IT WAS EITHER FEBRUARY 13TH OR 14TH. I CAN CHECK

8 THAT FOR YOU.

9 Q. PLEASE.

10 A. OKAY.

11 COULD YOU REPEAT THE QUESTION?

12 Q. YES. YOU HAD INDICATED THAT THERE WAS A DAY THAT

13 YOU HAD GONE BACK TO THE VAN DAM RESIDENCE AND REMOVED A PORTION

14 OF THE WALL. AND YOU WERE CHECKING YOUR NOTES TO TELL US

15 WHETHER THAT WAS THE 13TH OR THE 14TH, I BELIEVE?

16 A. OKAY. THE ACTUAL DATE THAT I WENT BACK TO COLLECT

17 THE WALL WAS ON THE 19TH, BECAUSE THE CHEMICAL HAD TO DEVELOP TO

18 THE POINT WHERE IT COULD BE COLLECTED.

19 Q. AGAIN, NOW WHICH WALL IS IT THAT GOT REMOVED?

20 A. IT WAS — AS YOU COME IN THROUGH THE GARAGE DOOR

21 ENTERING INTO THE HOUSE —

22 Q. YES, MA’AM.

23 A. — THERE WAS A WALL STRAIGHT AHEAD THAT SORT OF

24 ROUNDED THE CORNER INTO THE FRONT ENTRY.

25 Q. DIRECTING YOUR ATTENTION TO 14,, YOU SEE THE WALL?

26 A. IF WE HAD MORE OF A PHOTOGRAPH WHERE YOUR THUMB IS

27 ON.

28 Q. YES?
5302
1 A. IT WOULD BE AROUND THAT CORNER.

2 Q. AROUND THIS CORNER?

3 A. NO, BACK TOWARDS YOU. SO IT’S NOT IN THE

4 PHOTOGRAPH.

5 Q. OKAY. I SAID THIS CORNER. WHEN I SAID THIS CORNER

6 I ACTUALLY POINTED TO A PARTICULAR AREA ON “E” ON 14, DIDN’T I?

7 A. ON — YES.

8 Q. AND THAT WAS ON THE LEFT SIDE — I GUESS JUST

9 TRYING TO DESCRIBE FOR THE RECORD, I’M SORRY.

10 A. THAT’S OKAY.

11 Q. IT’S E-14 ABOUT HALFWAY ON THE LEFT SIDE OF THE

12 PHOTO, RIGHT?

13 A. YES.

14 Q. ALL RIGHT.

15 A. AND THAT’S NOT THE LOCATION.

16 Q. HOW MANY TOTAL FINGERPRINTS DID YOU TAKE?

17 A. OH, BACK TO THAT. I’M GOING TO HAVE TO GO THROUGH

18 AND COUNT MY FINGERPRINT CARDS, SO IT CAN TAKE JUST A MINUTE.

19 Q. PLEASE?

20 A. OKAY. I HAD 33 LATENT LIFTS ON VARIOUS DATES.

21 Q. YES, MA’AM.

22 A. AND THEN I ALSO HAVE SOME NINHYDRIN PHOTOGRAPHS,

23 WHICH NINHYDRIN IS THE CHEMICAL THAT WAS APPLIED TO THE WALL TO

24 DEVELOP THOSE FINGERPRINTS THAT YOU’RE TALKING ABOUT THAT I CUT

25 OUT THE WALL FOR.

26 Q. YES.

27 A. DID YOU WANT TO KNOW HOW MANY PHOTOGRAPHS?

28 Q. WELL, DOES EACH PHOTOGRAPH DEPICT A PARTICULAR LIFT
5303
1 OR DOES ONE PHOTOGRAPH DEPICT ALL THE LIFTS? HOW DOES THAT GO?

2 A. NO. THERE’S SEVERAL PHOTOGRAPHS FOR EACH NINHYDRIN

3 DEVELOPED PRINT. WE DON’T ACTUALLY LIFT A NINHYDRIN DEVELOPED

4 PRINT. WE TAKE A PHOTOGRAPH OF IT, AND SOMETIMES WE CUT OUT THE

5 WALL AND TAKE THE WALL SO WE CAN BRING IT BACK TO THE LAB AND

6 USE A DIFFERENT CAMERA TO TAKE A PHOTOGRAPH OF IT.

7 Q. INSTEAD OF BRINGING THE CAMERA TO THE WALL?

8 A. IT’S A BIGGER CAMERA.

9 Q. ALL RIGHT.

10 SO CAN YOU TELL ME HOW MANY PHOTOS YOU TOOK TO —

11 OR HOW MANY LIFTS AS A RESULT OF THE PHOTOGRAPHY YOU WERE ABLE

12 TO GET, IN ADDITION TO THE 33, IF THAT’S —

13 A. HOW MANY PHOTOGRAPHS OF THE NYNHYDRIN PRINTS?

14 Q. WHAT I’M REALLY AFTER IS THE NUMBER OF PRINTS YOU

15 WERE ABLE TO SEE BY PHOTO. SO IT’S HOWEVER YOU ARTICULATE IT.

16 A. OKAY. WE CALL THOSE — THEY’RE NOT LATENT LIFTS.

17 SO I’LL TELL YOU HOW MANY PHOTOGRAPHS OF THE NINHYDRIN DEVELOPED

18 PRINTS I TOOK. HOW’S THAT?

19 Q. THAT’S FINE. THANK YOU.

20 A. OKAY.

21 OKAY. TOOK 47 PHOTOGRAPHS OF NINHYDRIN DEVELOPED

22 PRINTS OF THE WALL THAT WAS CUT OUT.

23 Q. DOES THAT MEAN — THAT DOESN’T MEAN THERE’S 47

24 PRINTS BUT IT DOES MEAN THERE’S 47 PHOTOS OF THE WALL OF THE

25 LIFTS THAT YOU NINHYDRINED UP, IS THAT RIGHT?

26 A. RIGHT. BECAUSE WHEN YOU TAKE A PHOTOGRAPH OF

27 NINHYDRIN, IT’S A DIFFICULT PHOTOGRAPH THAT NEEDS TO BE TAKEN

28 WITH DIFFERENT EXPOSURES, DIFFERENT LIGHTING, TENSURE THAT YOU
5304
1 HAVE TO — DETAIL OF THE RIDGES THAT YOU NEED. AND THEN ON

2 ANOTHER DAY I TOOK 28 PHOTOGRAPHS OF NINHYDRIN PRINTS IN THE

3 UPSTAIRS HALLWAY.

4 Q. THAT’S A SEPARATE WALL?

5 A. SEPARATE WALL.

6 Q. TIME OUT. SORRY.

7 BEFORE WE GO TO THE SEPARATE WALL, BEHIND YOU I

8 DROPPED MY PHOTO ALBUM. I LEFT MY PHOTO ALBUM JUST SO THAT YOU

9 DON’T KNOCK IT OVER AND I DON’T WANT IT TO HURT YOU.

10 COULD YOU PLEASE LOOK IN HERE? I’VE SHOWN IT TO

11 COUNSEL. THESE ARE JUST PHOTOS THAT COME TO US THROUGH LAW

12 ENFORCEMENT. WOULD YOU TELL US, FIRST, IF YOU SEE IN ANY OF THE

13 PHOTOS, AND IT’S ORGANIZED BY SECTION OF THE RESIDENCE, ANY OF

14 THE PHOTOS OF THE WALL THAT YOU JUST WERE TALKING ABOUT THAT WE

15 DON’T SEE IN ANY OF THE PHOTOS I’VE SHOWN YOU? YOU CAN LOOK

16 THROUGH ANYPLACE YOU WISH, MA’AM?

17 A. OKAY.

18 Q. INCLUDING SOME OF THE CUTS, IF —

19 A. NO, NONE OF THOSE, NO, NONE OF THOSE. I CAN

20 PROBABLY SHOW YOU ON THIS PHOTOGRAPH.

21 Q. ALL RIGHT. YOU’VE SAID THIS PHOTOGRAPH, MA’AM?

22 A. THE ONE IN THE LOWER — THIS ONE MIGHT BE BETTER,

23 LOWER LEFT HAND CORNER.

24 Q. LET ME JUST SHOW COUNSEL, PLEASE.

25 A. OKAY.

26 Q. DID YOU SAY ONE OF THE PHOTOS WAS BETTER FOR YOU

27 THAN THE OTHER?

28 A. THE ONE IN THE LOWER LEFT CORNER.
5305
1 Q. ALL RIGHT.

2 I’D ASK TO HAVE MARKED PLEASE AS COURT’S NEXT IN

3 ORDER —

4 THE COURT: 89.

5 MR. FELDMAN: THANK YOU, YOUR HONOR.

6 (MARKED FOR ID: = TRIAL EX. 89 – PHOTO )

7

8 BY MR. FELDMAN:

9 Q. SHOWING YOU WHAT’S BEEN MARKED 89, CAN YOU TELL US

10 PLEASE WHAT’S 89?

11 A. 89 IS A PICTURE OF THE OUTSIDE OF DANIELLE’S

12 BEDROOM DOOR, THE WALLS OUTSIDE OF HER BEDROOM DOOR.

13 Q. SHOWING YOU WHAT’S MARKED 23, DO YOU SEE A SIMILAR

14 AREA?

15 A. YES, “C”.

16 Q. PHOTOGRAPH “B” AND “C”?

17 A. “C” ACTUALLY IS MORE SIMILAR TO THIS PHOTOGRAPH.

18 Q. OKAY. DOES “C” DEPICT THE INFORMATION THAT YOU

19 NEED TO TELL US?

20 A. YES.

21 Q. OKAY. THE PHOTOGRAPH THAT’S NOW BEEN MARKED 89

22 REALLY IS CLOSE TO A DUPLICATE OF 23C, ISN’T THAT RIGHT, MA’AM?

23 A. THAT’S CORRECT.

24 Q. WHAT I WAS ASKING YOU, THOUGH, WAS WHETHER YOU

25 COULD FIND A PHOTOGRAPH OF THE AREA WHERE YOU DID THE FIRST

26 SERIES OF NINHYDRIN DOWNSTAIRS, AND WHAT YOU’RE SHOWING ME

27 UPSTAIRS, IS THAT RIGHT?

28 A. THAT’S UPSTAIRS, YES. ALL OF THE NINHYDRIN WAS
5306
1 APPLIED AT THE SAME TIME.

2 Q. YES.

3 A. BUT THE DOWNSTAIRS NINHYDRIN WAS COLLECTED BEFORE

4 THE UPSTAIRS NINHYDRIN.

5 Q. OKAY. BUT WHAT I’M TRYING TO DO IS HAVE YOU TELL

6 US WHERE THE DOWNSTAIRS NINHYDRIN WALL APPEARS. THAT’S WHY I

7 GAVE YOU THE BOOK.

8 A. I’M SORRY, I THOUGHT — I MISUNDERSTOOD.

9 Q. ALL RIGHT.

10 AND AGAIN, YOU’RE WELCOME TO LOOK ANYPLACE, BUT I

11 THINK PROBABLY ON DIRECT — I’M DIRECTING YOU CLOSE TO THE AREA.

12 A. OKAY. THIS TIME I UNDERSTAND. HERE WE GO. SO

13 WOULD YOU LIKE A PICTURE THAT SHOWS THE GENERAL AREA OR A

14 PICTURE THAT SHOWS A BETTER PICTURE OF THE PRINTS? BECAUSE WE

15 HAVE BOTH TYPES OF PICTURES HERE.

16 Q. WELL, YOU’RE NOT THE PRINT EXAMINER, RIGHT? SO I

17 THINK I JUST WANT TO KNOW THE AREA FOR STARTERS?

18 A. OKAY. THEN I WOULD GO WITH THE PICTURE IN THE

19 UPPER LEFT CORNER.

20 MR. FELDMAN: YOUR HONOR, I’D LIKE TO ASK TO HAVE MARKED

21 AS COURT’S NEXT IN ORDER —

22 THE COURT: THAT WILL BE 90.

23 (MARKED FOR ID: = TRIAL EX. 90 – PHOTO )

24 MR. FELDMAN: THANK YOU.

25

26 BY MR. FELDMAN:

27 Q. SHOWING YOU NOW WHAT’S BEEN MARKED 90, CAN YOU

28 PLEASE TELL ME WHAT DOES 90 DEPICT?
5307
1 A. 90 DEPICTS THE GENERAL AREA WHERE NINHYDRIN

2 DEVELOPED PRINTS WERE FOUND DOWNSTAIRS.

3 Q. AND WERE DOWNSTAIRS?

4 A. IT WAS, AS YOU COME IN, THE DOOR THAT LEADS FROM

5 THE GARAGE INTO THE HOUSE, AND IT WAS ON THAT WALL STRAIGHT

6 AHEAD FROM THERE.

7 Q. OKAY.

8 A. AND ALSO ON THAT SAME WALL JUST BEFORE YOU GO

9 AROUND THE CORNER HEADING INTO THE FRONT ENTRYWAY OF THE HOUSE.

10 Q. LET ME SHOW YOU PHOTOGRAPH 18. DO YOU SEE ON 18

11 ANYPLACE CLOSE TO WHERE YOU MAY HAVE DONE THE LIFTS?

12 A. WE’RE GETTING VERY CLOSE.

13 Q. THAT’S GOOD.

14 A. ON PICTURE NUMBER “A”.

15 Q. OKAY. WHEN YOU SAY VERY CLOSE, CAN YOU JUST AS

16 BEST YOU CAN ARTICULATE IT TELL US WHERE THE LIFT CAME FROM?

17 A. ALL RIGHT.

18 IN PICTURE LETTER “A” YOU CAN SEE THE DOOR THAT

19 LEADS FROM THE GARAGE INTO THE HOUSE.

20 Q. DO YOU HAVE A POINTER THERE? COULD YOU PLEASE

21 POINT THAT OUT?

22 A. YES.

23 Q. THANK YOU VERY MUCH.

24 A. THIS WAS THE DOOR THAT LEADS FROM THE GARAGE INTO

25 THE HOUSE. AND IF YOU WALK STRAIGHT AHEAD AND HIT THAT WALL,

26 THEN IT WILL BE ON THAT WALL.

27 Q. THEN WHEN YOU SAY “THAT WALL,” YOU’RE REFERRING TO

28 A WALL THAT APPEARS IN 18A ON THE FAR RIGHT SIDE OF THE
5308
1 PHOTOGRAPH, IS THAT RIGHT?

2 A. WELL, THE PROBLEM IS THE WALL DOESN’T EXACTLY

3 APPEAR IN 18A.

4 Q. OKAY. WHO TOOK THESE PICTURES?

5 A. THESE WERE TAKEN BY RUBEN INZUNZA.

6 Q. OKAY.

7 A. BUT IF YOU WALKED STRAIGHT AHEAD, THE WALL WOULD BE

8 RIGHT THERE, AND THIS IS THE CORNER OF THAT WALL THAT WE’RE

9 TALKING ABOUT.

10 Q. BUT I’M SORRY. WHEN YOU USED THE WORD “THERE”

11 YOU’RE REFERRING TO AN AREA ON THE RIGHT SIDE OF THE PHOTOGRAPH

12 SOMEWHERE SLIGHTLY ABOVE THE TILE FLOOR?

13 A. BUT IF YOU WALK DIRECTLY IN THAT DOOR YOU WOULD

14 BUMP RIGHT INTO THE WALL THAT WE’RE TALKING ABOUT.

15 Q. NOW, YOU’VE GOT 90, AND DOES 90 DEPICT THAT WALL TO

16 WHICH YOU’VE JUST MADE REFERENCE?

17 A. IT DOES.

18 Q. CAN YOU SHOW US ON 90 WHERE THE LIFT IS OR THE

19 NINHYDRIN IS?

20 A. IT’S PHOTOGRAPHED. WE DON’T TAKE LIFTS OF

21 NINHYDRIN. WOULD YOU LIKE ME TO CIRCLE?

22 Q. WOULD YOU NEED A DIFFERENT PEN?

23 A. THIS PEN’S PROBABLY OKAY FOR CIRCLING.

24 Q. OKAY.

25 A. THERE’S — I JUST CAN’T SEE ON THIS PHOTOGRAPH. I

26 THINK I CAN SEE TWO PLACES WHERE I TOOK PHOTOGRAPHS, BUT THIS

27 JUST — I CAN CIRCLE THE ONES THAT I CAN SEE, BUT SEE, EACH OF

28 THESE ARE ACTUAL LABELED ON THE WALL.
5309
1 Q. I’M SORRY. WHEN YOU USE THE WORD “EACH OF THESE”

2 WHAT ARE YOU REFERRING TO?

3 A. EACH OF THE NINHYDRIN DEVELOPED PRINTS ARE ACTUALLY

4 LABELED. BUT THE THING WITH NINHYDRIN IS IT WILL PUT PURPLE

5 SPLOTCHES THAT AREN’T REALLY PRINTS, SO I HATE TO GO CIRCLING

6 SPLOTCHES IF THEY’RE NOT REALLY PRINTS. BUT I DIDN’T COLLECT

7 THEM. I CAN’T SEE THE LABEL ON THIS PICTURE TO TELL YOU FOR

8 SURE THAT THAT’S THE PRINT THAT I COLLECTED OR NOT.

9 Q. GENERAL AREA, YOU CAN TELL ME?

10 A. I CAN TELL YOU GENERAL AREA.

11 Q. WHICH I THINK YOU DID TELL US IN ONE OF THE PHOTOS

12 I JUST SHOWED YOU, RIGHT? “A”, THE GENERAL AREA?

13 A. RIGHT.

14 Q. FAIR?

15 A. FAIR.

16 Q. OKAY. SO — AND ONE OF THE REASONS YOU’D BE

17 INTERESTED IN A LATENT LEADING FROM THE GARAGE DOOR WOULD BE

18 BECAUSE THAT WAS A THEORY AS TO HOW SOMEONE MIGHT ENTER, IS THAT

19 RIGHT?

20 MR. CLARKE: OBJECTION, CALLS FOR SPECULATION.

21 THE COURT: SUSTAINED. YOU NEED NOT ANSWER.

22

23 BY MR. FELDMAN:

24 Q. WHY WOULD YOU WANT TO TAKE POTENTIAL FINGERPRINTS

25 BY THE GARAGE DOOR ENTRYWAY?

26 A. WHEN I FINGERPRINT AREAS I FINGERPRINT AREAS THAT

27 PEOPLE ARE LIKELY TO TOUCH. AND I THOUGHT —

28 Q. WHAT PEOPLE?
5310
1 MR. CLARKE: EXCUSE ME, COULD THE WITNESS FINISH HER

2 ANSWER?

3 THE COURT: FINISH YOUR ANSWER, PLEASE?

4 THE WITNESS: I THOUGHT THAT WAS LIKELY AN AREA THAT

5 SOMEONE WOULD BE LIKELY TO TOUCH.

6

7 BY MR. FELDMAN:

8 Q. WHAT PEOPLE?

9 A. SUSPECTS.

10 Q. HOW ABOUT THE AREA OF THE BED, DANIELLE’S BED, DID

11 YOU DO ANY LATENT LIFTS IN THE AREA OF DANIELLE VAN DAM’S BED?

12 A. ON THE DESK NEARBY THE BED.

13 Q. HOW ABOUT WAS THERE A SLIDING GLASS DOOR THAT LED

14 OUT INTO THE BACKYARD?

15 A. YES, THERE WAS.

16 Q. DID YOU DO ANY EFFORTS AROUND THE SLIDING GLASS

17 DOOR TO TRY AND RAISE LATENT FINGERPRINT EVIDENCE?

18 A. I DID NOT. ANOTHER FORENSIC SPECIALIST DID.

19 Q. WHO WOULD THAT BE?

20 A. THAT WOULD BE RUBEN INZUNZA.

21 Q. DID YOU — I’M GOING TO MOVE OFF FINGERPRINTS FOR A

22 SECOND. I DON’T KNOW FOR HOW LONG.

23 IN DANIELLE VAN DAM’S BEDROOM, WHEN YOU FIRST WENT

24 INTO THAT ROOM YOUR PURPOSE WAS TO IDENTIFY ANYTHING THAT

25 POTENTIALLY COULD BECOME EVIDENCE. YOU TOLD US THAT, CORRECT?

26 A. THAT WAS ONE OF THE MY PURPOSES, YES.

27 Q. AND YOUR IDEA AS PART OF YOUR JOB IS TO INSURE,

28 BECAUSE YOU TOLD US THIS, THAT THERE’S NO CONTAMINATION, NOTHING
5311
1 GETS AT, FOR INSTANCE, TO ROOMS THAT WEREN’T PREVIOUSLY THERE?

2 A. MY JOB IS TO INSURE THAT ME AND THE PEOPLE I’M

3 WORKING WITH AT THAT TIME DON’T ADD CONTAMINATION OR MOVE

4 OBJECTS OR ALTER THINGS BEFORE I GET A CHANCE TO EXAMINE OR

5 COLLECT OR PHOTOGRAPH THEM.

6 Q. THAT’S A COMMON PRACTICE OF LAW ENFORCEMENT, ISN’T

7 IT?

8 A. IT’S A COMMON PRACTICE FOR FORENSIC SPECIALISTS.

9 Q. ALL RIGHT.

10 IN DANIELLE VAN DAM’S BEDROOM, YOU SAID THAT — YOU

11 HAD INDICATED YOU LOCATED OSME PAJAMAS, IS THAT RIGHT?

12 A. YES.

13 Q. WHAT COLOR WERE THOSE PAJAMAS?

14 A. THEY — I DON’T RECALL THE COLOR OFFHAND. THEY

15 WERE INSIDE OUT.

16 Q. YES, MA’AM.

17 A. AND THAT WAS OBSCURING THE COLOR OF IT, AS I

18 RECALL. I DO RECALL THAT THEY WERE POWDER (SIC) PUFF GIRLS.

19 Q. IS THAT A BRAND NAME?

20 A. IT’S A CARTOON CHARACTER.

21 Q. OKAY. WOULD LOOKING AT YOUR EVIDENCE LIST REFRESH

22 YOUR RECOLLECTION AS TO THE CODE?

23 A. IT MIGHT.

24 Q. PLEASE, ITEM TWO?

25 A. I HAVE THEM LISTED AS BLUE AND WHITE POWDER PUFF

26 GIRL PAJAMAS.

27 Q. DID YOU TEST THE — OR CAUSE TO BE TESTED THESE

28 PAJAMAS FOR BLOOD?
5312
1 A. THAT’S BEYOND MY SCOPE. I DON’T TEST OR CAUSE

2 THINGS TO BE TESTED.

3 Q. ALL RIGHT. DO YOU MAKE RECOMMENDATIONS?

4 A. I DO SOMETIMES TALK TO DETECTIVES AND SUGGEST

5 THINGS, SURE.

6 Q. DID YOU TALK TO THE DETECTIVES AND SUGGEST MAYBE

7 THOSE PAJAMAS OUGHT TO BE TESTED?

8 A. I DON’T RECALL.

9 Q. ALL RIGHT.

10 MR. CLARKE WAS ASKING ALL THESE QUESTIONS ABOUT

11 VACUUMING. IN YOUR EVIDENCE LIST ITEM 5 YOU LISTED ONE HOOVER

12 STEAM VAC WITH A WATER WELL, THAT HOLDS EXTRACTED WALKER —

13 WATER RATHER, THAT WAS WET. WHAT DOES THAT MEAN, ITEM 5, MA’AM?

14 A. ON THE STEAM VAC?

15 Q. YES.

16 A. THERE’S A LITTLE CUP TYPE CONTAINER THAT WHEN YOU

17 EXTRACT THE WATER FROM THE CARPET IT CONTAINS IT IN THAT CUP.

18 Q. UM-HMM.

19 A. SO I OPENED IT TO SEE IF IT WAS EMPTY, IF YOU WILL,

20 AND IT WAS NOT EM — PARDON?

21 Q. IT WAS WET?

22 A. IT WAS WET.

23 MR. CLARKE: EXCUSE ME. I DON’T THINK THE WITNESS

24 FINISHED HER ANSWER.

25 THE COURT: NO, SHE DIDN’T. QUIT INTERRUPTING, AND WOULD

26 YOU FINISH YOUR ANSWER.

27 MR. FELDMAN: THANK YOU, YOUR HONOR.

28 THE WITNESS: IT WAS EMPTY BUT IT WAS WET.
5313
1 BY MR. FELDMAN:

2 Q. WHY WOULD IT BE WET?

3 A. BECAUSE IT WASN’T DRY?

4 THERE WAS WATER IN IT AT ONE POINT, SORRY.

5 Q. I PROBABLY ASKED FOR IT. IT’S OKAY.

6 WITH REGARD TO THAT PARTICULAR STEAM VAC THAT WAS

7 WET, IN ORDER TO USE IT YOU GOT TO PUT WATER IN THIS RECEPTACLE,

8 ISN’T THAT TRUE?

9 MR. CLARKE: OBJECTION, I DON’T THINK THERE’S ANY

10 FOUNDATION AT THIS POINT.

11 THE COURT: IF YOU LAY THE FOUNDATION I’LL ALLOW THE AREA

12 OF INQUIRY. SUSTAINED.

13

14 BY MR. FELDMAN:

15 Q. YOU NOTED THAT THE FACT THAT THE WATER WELL THAT

16 HOLDS EXTRACTED WATER WAS WET. YOU NOTED THAT IN YOUR REPORT;

17 IS THAT CORRECT?

18 A. YES.

19 Q. YOU NOTED THAT BECAUSE YOU THOUGHT THAT WAS AN ITEM

20 OF CONSEQUENCE; IS THAT CORRECT?

21 A. I DON’T — I DIDN’T KNOW WHAT WAS AN ITEM OF

22 CONSEQUENCE AT THAT POINT. SO I THOUGHT MAYBE AT SOME TIME IT

23 COULD BE.

24 Q. ALL RIGHT.

25 YOU NOTED IT AS AN ITEM OF POSSIBLE CONSEQUENCE?

26 A. YES.

27 Q. AND IT WAS LOCATED — OR RATHER IT WAS COLLECTED

28 FROM THE MASTER BEDROOM NEAR THE TELEVISION CABINET?
5314
1 A. YES.

2 Q. YOU THEN I THINK TOLD MR. CLARKE YOU RETURNED TO

3 THE MOUNTAIN PASS RESIDENCE ON FEBRUARY THE 4TH AT ABOUT 1140

4 HOURS, IS THAT RIGHT? LET ME WITHDRAW THE QUESTION.

5 ISN’T IT TRUE YOU RETURNED TO MOUNTAIN PASS

6 FEBRUARY 4, 2002 AT APPROXIMATELY 1140 HOURS?

7 A. NO. ACTUALLY, EARLIER THAN THAT.

8 Q. DIRECTING YOUR ATTENTION TO YOUR REPORT, TWO OF 11?

9 A. I’M SORRY, I DON’T — I DON’T KNOW WHAT REPORT TWO

10 OF 11 MEANS.

11 Q. OH, I’M SORRY. DO YOU HAVE A REPORT DATED FEBRUARY

12 11? IT SAYS EVIDENCE LISTED PAGE ONE, PROPERTY TAG 850125.

13 IT’S RIGHT ABOVE WHERE IT SAYS ITEM SEVEN, AND IT STARTS WITH

14 THE SENTENCE “WE RETURNED TO THE SCENE LOCATED AT 12011 MOUNTAIN

15 PASS ROAD”?

16 A. OKAY. THAT’S CORRECT. THAT AT 11:40 WE RETURNED

17 THERE BUT WE WERE THERE EARLIER.

18 Q. WHEN WERE YOU THERE EARLIER?

19 A. ON FEBRUARY 4TH AT APPROXIMATELY 10:07. THOSE TWO

20 PARAGRAPHS ABOVE —

21 Q. I SEE IT. AND WHAT YOU WERE DOING IN THE — ABOUT

22 HOUR AND A HALF BETWEEN 10:07 AND 11:35 IS WHAT?

23 A. WELL, WHEN I INITIALLY ARRIVED WE JUST SORT OF

24 STOOD BY, BY THE VANS ON THE SIDEWALK WAITING FOR EVERYBODY TO

25 GET THERE THAT WAS SUPPOSED TO GET THERE.

26 Q. OKAY.

27 A. AND THEN I THINK I CHANGED SOME EVIDENCE OVER TO

28 SOMEBODY. AND THEN WE WENT IN AND WE DID A WALK-THROUGH OF THE
5315
1 VAN DAM RESIDENCE. THAT’S WHEN I INITIALLY MET BRENDA AND DAMON

2 VAN DAM.

3 Q. WHO IS “WE” AND DID THE WALK THROUGH?

4 A. THE PEOPLE, I RECALL, AND THERE MIGHT HAVE BEEN

5 MORE, WITH DETECTIVE HOWIE, GOSH, RUBEN INZUNZA, MYSELF, AND I

6 JUST DON’T RECALL WHO ELSE WAS THERE.

7 Q. WERE THERE MORE PEOPLE THERE?

8 A. THERE COULD HAVE BEEN.

9 Q. HOW MANY MORE?

10 A. I DON’T KNOW.

11 Q. FIVE?

12 A. YOU KNOW, I DON’T KNOW BECAUSE WE WERE THERE ON

13 DIFFERENT DAYS, AND I DON’T RECALL EXACTLY WHO WAS THERE ON

14 WHICH DAY. BUT IT’S NOT SOMETHING THAT I DO. I DON’T LOG WHO’S

15 WITH ME ON WHICH DAYS.

16 Q. IS THERE SOMEONE ELSE WHO’S GOT THAT

17 RESPONSIBILITY?

18 A. PROBABLY THE DETECTIVE.

19 Q. ALL RIGHT.

20 WHEN YOU RETURNED TO THE SCENE AT APPROXIMATELY

21 1140 HOURS, STARTING AT APPROXIMATELY 1245 HOURS YOU COLLECTED

22 SOME EVIDENCE; ISN’T THAT CORRECT?

23 A. THAT’S CORRECT.

24 Q. SPECIFICALLY ON ITEM NO. 7 WAS COLLECTED FROM

25 DANIELLE VAN DAM’S BEDROOM; ISN’T THAT CORRECT?

26 A. THAT’S CORRECT.

27 Q. THAT SPECIFIC ITEM WAS A CARTRIDGE CASE HEAD

28 STAMPED “SUPER X,” ISN’T THAT RIGHT?
5316
1 A. IT WAS A CARTRIDGE CASE AND THE HEAD STAMP WAS

2 “SUPER X.”

3 Q. AND THIS CARTRIDGE CASE WAS SCRATCHED, INDENTED,

4 RIGHT?

5 A. YES.

6 Q. THE CARTRIDGE CASE NOT THERE IN THAT ROOM DURING

7 YOUR INITIAL EXAMINATION OF THE BEDROOM FLOOR ON FEBRUARY THE

8 2ND, 2002, ISN’T THAT CORRECT?

9 A. IT WAS NOT IN THE AREA THAT I EXAMINED ON THE

10 FLOOR. I DON’T KNOW WHETHER IT WAS IN THE ROOM ALREADY OR NOT.

11 Q. YOU WROTE IN YOUR REPORT, DID YOU NOT, THE

12 CARTRIDGE CASE WAS NOT IN THIS LOCATION DURING THE INITIAL

13 EXAMINATION OF THE BEDROOM FLOOR ON FEBRUARY 2, 2002, CORRECT?

14 A. THAT’S RIGHT. REFERRING TO THE LOCATION WHERE I

15 COLLECTED THE CARTRIDGE CASE.

16 Q. AND THIS ITEM WAS COLLECTED FROM THE BEDROOM FLOOR

17 NEAR THE OPENING TO THE CLOSET AND BEDROOM DOOR, RIGHT?

18 A. RIGHT.

19 MR. FELDMAN: YOUR HONOR, WE MIGHT NEED A MINUTE OR TWO

20 OR THREE.

21 THE WITNESS: HERE WE GO.

22 MR. FELDMAN: THANK YOU. THANK YOU.

23 THE WITNESS: YOU’RE WELCOME.

24

25 BY MR. FELDMAN:

26 Q. CAN YOU PLEASE DRAW ON THE DIAGRAM WHERE THE

27 CARTRIDGE CASE THAT WAS NOT IN THE AREA OF THE BEDROOM FLOOR

28 NEAR THE OPENING TO THE CLOSET AND BEDROOM DOORS WAS LOCATED
5317
1 WHEN YOU LOCATED IT?

2 A. I CAN DRAW THE GENERAL AREA.

3 Q. PLEASE. CAN YOU REACH?

4 A. I’LL TRY. I THINK I CAN.

5 A. (WITNESS COMPLYING.)

6 Q. FOR THE RECORD, YOU’VE DRAWN WHAT APPEARED — AT

7 LEAST THE PEN LOOKED TO BE A BLUE PEN, IN “E” A CIRCLE, IS THAT

8 RIGHT, MA’AM?

9 A. YES.

10 Q. OKAY. SO WHERE THAT — WHAT YOU’VE JUST DEPICTED

11 IS WHERE THE CARTRIDGE CASE WAS FOUND THAT YOU DON’T RECALL

12 SEEING THE FIRST TIME THROUGH. ISN’T IT IN A LOCATION WHERE YOU

13 LIKELY WOULD HAVE SEEN IT HAD IT BEEN THERE YOUR FIRST TIME

14 THROUGH.

15 MR. CLARKE: OBJECTION, CALLS FOR SPECULATION.

16 THE COURT: OVERRULED.

17 YOU CAN ANSWER.

18 THE WITNESS: I CERTAINLY WOULD HAVE SEEN IT.

19

20 BY MR. FELDMAN:

21 Q. AND YOU DIDN’T DROP IT THERE BECAUSE YOU DON’T WALK

22 AROUND WITH SHELL CASINGS, DO YOU?

23 A. NO.

24 Q. TO THE BEST OF YOUR KNOWLEDGE, LAW ENFORCEMENT

25 DIDN’T DROP IT BECAUSE THEY DON’T WALK AROUND WITH SHELL

26 CASINGS, DO THEY?

27 A. I HAVE NO IDEA.

28 Q. WHAT IS A SHELL CASING?
5318
1 A. A SHELL CASING IS WHAT’S LEFT AFTER A GUN HAS BEEN

2 FIRED. IT’S THE PORTION THAT’S EJECTED FROM A GUN, A PORTION OF

3 THE BULLET. MOST PEOPLE CALL THEM BULLETS. WE HAVE TO BREAK IT

4 DOWN AND GIVE EACH PART OF THE BULLET A DIFFERENT NAME. SO

5 THAT’S THE PART OF THE BULLET THAT HELD THE GUN POWDER AND

6 PUSHED THE LITTLE MISSILE OUT, SO THAT’S WHAT’S LEFT.

7 Q. MA’AM, DO YOU RECALL WHETHER OR NOT WHEN YOU FIRST

8 LEFT THAT BEDROOM AREA ON FEBRUARY 2ND YOU DIRECTED THAT IT

9 REMAIN SECURE?

10 A. THAT’S BEYOND MY SCOPE.

11 Q. AT SOME POINT DID YOU NOTICE ANY DRAG MARKS ANY

12 PLACE?

13 A. YES, I DID.

14 Q. WHERE WERE THERE DRAG MARKS?

15 A. THEY WERE OUTSIDE OF THE HOUSE ON THE EAST SIDE,

16 WHICH WOULD BE THE SAME SIDE WHERE THE TRASH CANS ARE STORED,

17 AND THE SAME SIDE OF THE HOUSE THAT THE GARAGE DOOR THAT EXITS

18 TO THE OUTSIDE IS ON.

19 Q. DO YOU SEE THE AREA IN 24?

20 A. THE AREA OF THE DRAG MARKS IS NOT DEPICTED ON THAT

21 POSTERBOARD.

22 Q. DIRECTING YOUR ATTENTION TO WHAT’S BEEN PREVIOUSLY

23 MARKED 15, THIS IS REPRESENTED TO YOU — WHOOPS, UPSTAIRS — 16.

24 THIS IS REPRESENTED TO BE THE DOWNSTAIRS AREA.

25 CAN YOU SHOW US ON THE DIAGRAM THAT’S MARKED 16

26 WHERE THE — I DON’T KNOW, DOES THE AREA APPEAR WHERE THERE WERE

27 DRAG MARKS?

28 A. YES, BUT — THE — IT’S LIKE IT’S UPSIDE DOWN.
5319
1 Q. SHOULD I TURN THIS UPSIDE DOWN?

2 A. NO. BUT I COULD POINT IT OUT.

3 Q. PLEASE.

4 A. THE DRAG MARKS, I JUST WANT TO MAKE SURE I GET IT

5 RIGHT BECAUSE IT’S SORT OF BACKWARDS FOR —

6 Q. I WAS SERIOUS ABOUT REVERSING, IF IT HELPS YOU ANY,

7 IT WOULD HELP ME IF I FLIPPED IT UPSIDE DOWN.

8 A. THIS IS MORE HOW IT IS WHEN YOU’RE APPROACHING THE

9 HOUSE, SO IT’S EASIER FOR ME TO PICTURE THIS WAY. THE DRAG

10 MARKS WERE BACK PAST THIS THING THAT PROTRUDED. SO — I DIDN’T

11 KNOW THAT IT WAS A FIREPLACE, BUT IT’S WHERE THE HOUSE STRUTS

12 OUT. SO THE DRAG MARKS WERE BACK IN THIS AREA.

13 Q. OKAY. NOW WHEN YOU WERE USING THE WORD “THIS

14 AREA.” IT APPEARS ON THE LEFT SIDE OF THE UPSIDE DOWN EXHIBIT

15 16 THAT YOU’RE POINTING TO AN AREA IN GRAY ABOVE THE WORD

16 “FIREPLACE,” IS THAT RIGHT?

17 A. CORRECT.

18 Q. WHAT WAS THE LENGTH OF THE DRAG MARKS?

19 A. I DIDN’T MEASURE THE DRAG MARKS BUT THAT WOULD HAVE

20 BEEN ONE OF THE DETECTIVES THAT DID THAT.

21 Q. BUT YOU DID OBSERVE SOMETHING THAT CAUSED YOU TO

22 FORM THE OPINION IT WAS DRAG MARKS?

23 A. IT JUST LOOKED LIKE A DRAG MARK.

24 Q. WHEN YOU USED THE WORD “DRAG MARK,” FIRST, CAN YOU

25 PLEASE MARK ON THE CHART WHERE YOU SAW IT, AS BEST YOU CAN.

26 WHERE YOU SAW THE DRAG MARKS, AND JUST WRITE THE WORDS “DRAG

27 MARKS” PLEASE?

28 A. OKAY. CAN YOU LOWER THIS CHART FOR ME?
5320
1 A. SURE, WHATEVER YOU WANT TO DO. DO YOU WANT TO MARK

2 IT LEFT SIDE OR RIGHT SIDE OR — DOES THAT HELP YOU?

3 A. I DON’T THINK SO.

4 Q. NO?

5 YOUR HONOR, FOR THE RECORD, THE WITNESS HAS WRITTEN

6 IN A RED KIND OF AN OVAL AND THE WORD “DRAG MARKS” ON 16.

7 WHEN YOU USE THE WORD “DRAG MARKS” WHAT DO YOU MEAN

8 TO COMMUNICATE?

9 A. SIMPLY IT LOOKED LIKE SOMETHING THAT WAS DRAGGED

10 THROUGH SOME DIRT.

11 Q. A PERSON?

12 A. I HAVE NO IDEA WHAT IT MIGHT HAVE BEEN.

13 Q. YOU TOLD MR. CLARKE SOMETHING ABOUT HE WAS ASKING

14 YOU QUESTIONS ABOUT BLOODSTAINS ON THE STAIRWELL?

15 A. YES.

16 Q. YOU DON’T KNOW WHETHER THEY WERE ANIMAL STAINS,

17 WHAT KIND OF STAINS. YOU JUST KNOW THAT YOU WERE ANSWERING MR.

18 CLARK’S QUESTIONS, RIGHT?

19 A. CORRECT.

20 Q. YOU DON’T KNOW THE RESULTS BECAUSE THAT’S NOT PART

21 OF YOUR AREA OF EXPERTISE, IS THAT A FAIR STATEMENT?

22 A. THAT’S FAIR.

23 Q. SO YOU SPOTTED SOMETHING IN THE SCENE THAT YOU

24 CHARACTERIZED AS POTENTIALLY BLOOD AND JUST WROTE IT DOWN IN

25 YOUR REPORT, RIGHT?

26 A. I’M SORRY. COULD YOU REPEAT THAT?

27 Q. YOU SAW SOMETHING AT THE SCENE WHICH YOU

28 CHARACTERIZED AS POTENTIALLY BLOOD AND WROTE IT DOWN IN YOUR
5321
1 REPORT?

2 A. RIGHT.

3 Q. THAT’S WHAT YOUR JOB IS, RIGHT?

4 A. THAT’S RIGHT.

5 Q. NOW, YOU TOLD MR. CLARKE ON DIRECT EXAMINATION THAT

6 YOU WERE ALSO ASSIGNED A TASK OF, I GUESS, PROCESSING OR

7 FINGERPRINTING A TOYOTA 4-RUNNER; IS THAT CORRECT?

8 A. THAT’S CORRECT.

9 Q. DIRECTING YOUR ATTENTION TO WHAT’S BEEN PREVIOUSLY

10 MARKED 47, DOES THIS APPEAR TO BE THE 4-RUNNER OR THE VEHICLE TO

11 WHICH YOU WERE MAKING REFERENCE?

12 A. YES, IT IS.

13 Q. AND WHAT DID YOU DO ON THAT VEHICLE?

14 A. I FINGERPRINTED THE EXTERIOR ON ONE SIDE, AND THE

15 OTHER FORENSIC SPECIALIST INZUNZA FINGERPRINT HAD THE OTHER

16 SIDE. WE SEARCHED THE INTERIOR WITH FLASHLIGHTS, AND WE

17 COLLECTED EVIDENCE FROM THE INSIDE, WE FINGERPRINTED THE INSIDE.

18 BEFORE I FINGERPRINTED THE INSIDE, I CAME BACK LATER THAT NIGHT

19 AND LOOKED AT THE INSIDE WITH AN ALTERNATE LIGHT SOURCE.

20 Q. WHAT DOES THAT MEAN, AN ALTERNATE LIGHT SOURCE,

21 MA’AM?

22 A. AN ALTERNATE LIGHT SOURCE IS JUST A STRONG LIGHT

23 THAT HAS DIFFERENT WAVE LENGTHS OF LIGHT THAT I CAN SET THE

24 LIGHT TO, AND THEN I PUT ON SOME ORANGE GOGGLES, AND WHEN YOU

25 SET IT AT CERTAIN WAVE LENGTHS, YOU’RE ABLE TO SEE THINGS THAT

26 YOU CAN’T SEE WITH THE NAKED EYE.

27 Q. LIKE?

28 A. SALIVA, SEMEN, OTHER STAINS THAT — WHO KNOWS WHAT
5322
1 THEY ARE, BUT THEY TEND TO GLOW. BLOOD MIGHT SHOW UP AS DARK

2 SPOTS, BUT SO DO A LOT OF OTHER THINGS, ALSO HAIRS AND FIBERS.

3 SOME FIBERS TEND TO GLOW OTHER THAN THE ALTERNATE LIGHT SOURCE

4 AND THE HAIRS JUST BECOME MORE VISIBLE.

5 Q. MA’AM, IN WHAT DATE DID YOU ENGAGE IN THIS PROCESS

6 WITH THE 4-RUNNER?

7 A. THAT WAS ON FEBRUARY 5TH. I ALSO PUT IN A

8 CYANOACRYLATE PACKET THAT NIGHT AFTER I DID THE A. L. S.

9 EXAMINATION AND COLLECTION.

10 Q. YOU JUST USED CYANOACRYLATE AND A. L. S. COULD YOU

11 PLEASE TELL US WHAT’S CYANOACRYLATE?

12 A. OKAY. CYANOACRYLATE IS GOOD OLD FASHIONED SUPER

13 GLUE, AND WE JUST TAKE A SUPER GLUE PACKET, OPEN IT UP. IT’S

14 NOT THE DROPS OF SUPER GLUE. THEY JUST SMEAR IT ON THE INSIDE

15 OF THESE FOIL PACKETS, AND YOU OPEN IT UP AND THE FUMES FROM THE

16 SUPER GLUE COME UP AND ADHERE TO ANY FINGERPRINTS THAT MIGHT

17 HAVE BEEN LEFT BEHIND. AND THEN THAT MAKES IT SO THAT WE CAN GO

18 IN WITH A STRONG FLASHLIGHT AND MAYBE SEE WHITE RIDGES WHERE THE

19 SUPER GLUE STUCK. AND IF WE DON’T SEE THE WHITE RIDGES SO THAT

20 WE PHOTOGRAPH THEM, WE FOLLOW UP WITH FINGERPRINT POWDER ON TOP

21 OF THE SUPER GLUE OR CYANOACRYLATES. A. L. S. IS AN ACRONYM FOR

22 ALTERNATE LIGHT SOURCE.

23 Q. SO YOU DID THOSE TESTS, AND THE PURPOSE OF DOING

24 THOSE TESTS WAS TO WHAT, FINDING TRACE EVIDENCE INVOLVING

25 DANIELLE VAN DAM?

26 A. THE ALTERNATE LIGHT SOURCE WAS TO FIND TRACE

27 EVIDENCE OR LATENT EVIDENCE. LATENT JUST MEANS YOU CAN’T SEE

28 IT. AND THEN THE PURPOSE OF THE CYANOACRYLATE PACKET, THE SUPER
5323
1 GLUE PACKET WAS TO LOCATE FINGERPRINTS.

2 Q. AND ONCE YOU OBTAINED — YOU CAREFULLY SEARCHED THE

3 4-RUNNER, DIDN’T YOU?

4 A. ME AND FORENSIC SPECIALIST INZUNZA AND DETECTIVE

5 HOWIE.

6 Q. OH, SO THIS TIME NOW THERE WAS A DETECTIVE WORKING,

7 TOO, THAT YOU RECALL, IS THAT RIGHT?

8 A. OH, YES.

9 Q. I’M SORRY. YOU SAID OH, YES. DOES THAT IMPLY THAT

10 WHEN YOU WERE DOING THE WORK AT THE VAN DAM RESIDENCE YOU WERE

11 ALSO WORKING IN CONJUNCTION WITH A PARTICULAR DETECTIVE?

12 A. YES.

13 Q. AND WAS DETECTIVE HOWIE THE DETECTIVE WHO WAS — I

14 DON’T KNOW, GIVING YOU DIRECTION OR —

15 A. ON ONE — ONE OF THE BASE HE WAS.

16 Q. WHICH DAY, PLEASE?

17 A. ON STARTING ON THE 4TH OF FEBRUARY.

18 Q. WHAT I WAS WONDERING, THOUGH, WAS ON THE DAY THAT

19 YOU INSPECTED THE 4-RUNNER THAT YOU ALSO WERE AT THE VAN DAM

20 RESIDENCE, THE SAME DAY, HUH?

21 A. ON FEBRUARY 5TH DETECTIVE HOWIE WAS ALSO THE

22 DETECTIVE.

23 Q. WAS DETECTIVE HOWIE THE DETECTIVE ON FEBRUARY 2ND?

24 A. NO.

25 Q. TO WHOM DID YOU GIVE THE SHELL CASING?

26 A. I IMPOUNDED THE SHELL CASING.

27 Q. FROM WHOM DID YOU IMPOUND OR RECEIVE THE SHELL

28 CASING?
5324
1 A. I COLLECTED IT.

2 Q. WHO WAS WITH YOU? WHICH DETECTIVE IS REALLY WHAT

3 I’M MEAN?

4 MR. CLARKE: OBJECTION, VAGUE.

5 THE COURT: SUSTAINED. REPHRASE.

6

7 BY MR. FELDMAN:

8 Q. SPECIFICALLY DIRECTING YOUR ATTENTION TO THE TIME

9 PERIOD WHERE YOU SEIZED THE SHELL CASING THAT HAD NOT BEEN

10 PRESENT THE DAY BEFORE, WHICH DETECTIVE WAS PRESENT WITH YOU, IF

11 YOU RECALL?

12 A. DETECTIVE HOWIE.

13 Q. SO IT SOUNDS AS THOUGH DETECTIVE HOWIE WAS WITH YOU

14 ON AT LEAST THREE OCCASIONS IN WHICH YOU PERFORMED YOUR WORK?

15 A. I THINK SO.

16 MR. FELDMAN: YOUR HONOR, IS THIS AN APPROPRIATE TIME TO

17 RECESS?

18 THE COURT: SURE. ALL RIGHT.

19 LADIES AND GENTLEMEN, WE ARE GOING TO TAKE THE

20 LUNCH BREAK. TAKE SOME DEEP BREATHS, WALK, GET YOUR MOTORS

21 GOING HERE AGAIN. I THINK WE’VE PUT HALF THE COUNTRY TO SLEEP

22 THIS MORNING.

23 PLEASE REMEMBER THE ADMONITION OF THE COURT NOT TO

24 DISCUSS ANY OF THE EVIDENCE OR TESTIMONY AMONG YOURSELVES OR

25 WITH ANY OTHER PERSONS.

26 HAVE A PLEASANT LUNCH. REMEMBER NOT TO FORMULATE

27 OR DISCUSS ANY OPINIONS REGARDING THE CASE TILL THE MATTER’S

28 SUBMITTED TO YOU FOR DECISION. PLEASE BE OUTSIDE THE DOOR AT
5325
1 1:30 PLEASE. HALF PAST 1:00.

2

3 (AT 11:57 A.M. THE NOON RECESS WAS
TAKEN UNTIL 1:30 P.M. OF THE SAME DAY.)
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34 - Day 9- June 18th 2002 - Transcript criminal trial David Westerfield
32 - Day 9- June 18th 2002 - Transcript criminal trial David Westerfield