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

TRIAL DAY 9 – PART 3 – afternoon 1
SAN DIEGO, CALIFORNIA, TUESDAY, JUNE 18, 2002, 1:30 P.M. (afternoon 1)

–O0O–
THE COURT: OKAY. WELCOME BACK, LADIES AND GENTLEMEN.
DECORUM REQUIRES THAT I TALK TO YOU ABOUT ONE OF THE RULES IN HERE, AND THAT’S NO GUM ALLOWED. APPARENTLY SOMEBODY IN THE MEDIA HAS PICKED UP THAT ONE OF YOU IS CHEWING GUM. I’M NOT SURE. I HAVE NOT SEEN THAT. BUT IF THAT IS THE CASE, WE NEED TO STOP CHEWING GUM. ALL RIGHT. ANYWAY, . . .
ALL RIGHT, MR. FELDMAN.

DORIE SAVAGE, RESUMED
CROSS-EXAMINATION, CONTINUED BY MR. FELDMAN:
Q: GOOD AFTERNOON, MA’AM.
A: GOOD AFTERNOON.
Q: YOU HAD VARIOUS DEALINGS WITH THE VAN DAMS, IS THAT RIGHT?
A: YES.
Q: WERE THEY COOPERATIVE?
A: YES, THEY WERE.
Q: WERE THEY VERY COOPERATIVE?
A: YES, THEY WERE.
Q: WOULD THEY SHOW YOU AREAS TO LOOK AT THAT YOU MAYBE HADN’T LOOKED AT BEFORE?
A: I THINK IF I ASKED THEM TO.
Q: SO IF — YOU DIDN’T DRAW ANY ADVERSE INFERENCE FROM THE FACT THAT SOMEBODY MIGHT BE COOPERATIVE, DID YOU?
MR. CLARKE: OBJECTION. ARGUMENTATIVE.
THE COURT: SUSTAINED.
YOU NEED NOT ANSWER.
BY MR. FELDMAN:
Q: DID YOU DRAW AN ADVERSE INFERENCE FROM THE FACT THAT SOMEONE MIGHT HAVE BEEN COOPERATIVE IN CONNECTION WITH THE CASE?
MR. CLARKE: SAME OBJECTION. ALSO IRRELEVANT.
THE COURT: SAME RULING.
NEXT QUESTION.
BY MR. FELDMAN:
Q: CAN YOU TELL ME, PLEASE, WITH REGARD TO THE — YOUR ACTIVITIES, YOU TOLD US AS WE WERE DISCUSSING IN THE MORNING THAT I GUESS ONE OF YOUR FIRST SCENE VISITS WAS FEBRUARY 2 AT ABOUT 4:20 IN THE AFTERNOON.
A: THAT’S CORRECT.
Q: THAT WAS AT THE VAN DAM RESIDENCE, IS THAT RIGHT?
A: THAT’S CORRECT.
Q: YOU WERE THERE FOR HOW LONG?
A: UNTIL APPROXIMATELY 5:30 OR 5:40 THE NEXT MORNING.
Q: WERE YOU CONTINUOUSLY AT THE VAN DAM RESIDENCE IN THAT TIME PERIOD?
A: THERE WAS A POINT WHERE I LEFT THE VAN DAM RESIDENCE AND RETURNED.
Q: WHERE DID YOU GO?
A: I WENT OVER TO A CANYON THAT WAS JUST AROUND THE CORNER AND STOOD BY ON THE SIDE OF THE HILL FOR A FEW MINUTES AND THEN RETURNED TO THE VAN DAM HOUSE.
Q: WHY DID YOU DO THAT?
A: SEARCH AND RESCUE WORKERS HAD LOCATED SOME SORT OF A TOY OR SOMETHING, AND THEY WANTED THE PARENTS TO VERIFY WHETHER OR NOT THE TOY BELONGED TO DANIELLE.
Q: OTHER THAN THAT I’LL SAY EXIT, WERE YOU AT THE VAN DAM RESIDENCE CONTINUOUSLY BETWEEN 1620 AND ABOUT I THINK YOU TOLD ME 5:00 O’CLOCK IN THE MORNING?
A: I WAS WITHIN THE CRIME SCENE TAPE. THERE’S OUTHOUSES AND SNACKS AVAILABLE, SO THERE WERE TIMES.
Q: BUT WHERE DID YOU GO AFTERWARDS? AT 5:00 O’CLOCK.
A: AT 5:40?
Q: YES.
A: I WENT HOME. WELL, TO THE POLICE DEPARTMENT TO DROP OFF THE EVIDENCE AND STORE IT IN A SAFE MANNER, AND THEN I WENT HOME.
Q: OKAY.
AT THE POLICE DEPARTMENT, WHICH POLICE DEPARTMENT WAS IT?
A: SAN DIEGO POLICE DEPARTMENT.
Q: DOWNTOWN, 14TH STREET?
A: YES.
Q: OKAY.
SO YOU DID NOT GO TO NORTHEASTERN?
A: NO.
Q: DID YOU EVER GO TO NORTHEASTERN IN CONNECTION WITH THE CASE, MA’AM?
A: MAYBE IN CONNECTION WITH THE CASE BUT NOT WITH THE EVIDENCE. I KNOW WE DROVE OUTSIDE OF NORTHEASTERN. I DON’T THINK WE EVER WENT IN.
Q: AND YOU’RE SAYING WE DROVE. WHO’S WE?
A: RUBEN AND I.
Q: MEANING MR. INZUNZA?
A: YES. RUBEN INZUNZA.
Q: WERE YOU GETTING PERIODICALLY BRIEFED ON THE STATUS OF THE INVESTIGATION?
A: YES.
Q: AND WHERE WERE THOSE BRIEFINGS OCCURRING?
A: USUALLY — WELL, PROBABLY MOST LIKELY WOULD BE WITH THE DETECTIVE IN THE DETECTIVE OFFICE OR CUBICLE. SOMETIMES AT THE SCENE OR AT THE VEHICLE OR WHATEVER IT WAS WE WERE WORKING ON.
Q: AT THE SCENE WE’VE BEEN TOLD THERE WAS SOME KIND OF A COMMAND POST. DID YOU GO THAT COMMAND POST?
A: ONLY TO CHECK IN ON THE FIRST DAY AND TO GET A SNACK DURING THE NIGHT.
Q: SO WHILE YOU WERE WORKING, I GUESS INITIALLY WHEN YOU GOT TO THE SCENE, YOU WENT TO THE COMMAND POST. IS THAT RIGHT?
A: CORRECT.
Q: DO YOU RECALL WHAT TIME THAT WAS?
A: AT THE COMMAND POST? I ARRIVED AT APPROXIMATELY 4:20 IN THE AFTERNOON, SO IT WOULD HAVE BEEN RIGHT AROUND THAT TIME.
Q: AND OTHER DETECTIVES, WERE THEY I GUESS COMING AND GOING WHILE YOU WERE THERE?
A: OTHER DETECTIVES, SEARCH AND RESCUE WORKERS, SERGEANTS, LIEUTENANTS, YES.
Q: AND DID YOU THEN RETURN TO THE COMMAND POST AT ALL UP TO 5:00 O’CLOCK IN THE MORNING?
A: THERE WERE SNACKS OUTSIDE OF THE COMMAND POST, SO THERE WAS A POINT WHERE I WENT AND GOT A SNACK.
Q: WOULD YOU GO INTO THE COMMAND POST?
A: NO.
Q: YOU’RE SURE YOU NEVER ENTERED THE COMMAND POST?
A: I MIGHT HAVE ENTERED THE COMMAND POST ON THE VERY FIRST, WHEN I FIRST GOT THERE TO SIGN IN. I MAY HAVE GONE IN THEN.
Q: THEN APPARENTLY YOU WENT BACK TO THE — WHERE DID YOU GO AFTER 5:00 O’CLOCK IN THE MORNING? I UNDERSTAND YOU WENT HOME AND WENT TO SLEEP, BUT WHAT WAS YOUR NEXT TASK?
A: THE NEXT DAY?
Q: YES, MA’AM.
A: WOULD BE ON THE 4TH —
Q: ALL RIGHT.
A: — OF FEBRUARY.
Q: WHAT WAS YOUR TASK?
A: I RETURNED TO THE VAN DAM CRIME SCENE, AND THAT WAS AT AROUND 10:00 IN THE MORNING.
Q: ALL RIGHT.
DID YOU GET BRIEFED BEFORE YOU WENT INTO THE RESIDENCE?
A: YES.
Q: WHERE WAS THE BRIEFING?
A: PART OF IT WE WERE STANDING BY MY VAN, AND THEN AS WE WALKED THROUGH THE HOUSE I WAS ALSO TALKED TO.
Q: BY?
A: DETECTIVE HOWIE AND I BELIEVE SERGEANT DURAN WAS THERE.
Q: IS IT DURAN OR MUREN?
A: D AS IN DAVID U-R-A-N.
Q: THANK YOU.
YOU SPENT — I KNOW YOU TOLD US EARLIER TODAY YOU SPENT A PERIOD OF TIME BACK AT THE VAN DAM RESIDENCE. CAN YOU TELL US NOW ON THE 4TH WHAT WERE YOUR HOURS AT THE VAN DAM RESIDENCE?
A: I KNOW I ARRIVED AT 10:00, AROUND 10:00. AND I’M NOT SURE WHAT TIME I LEFT FOR THE NIGHT. I CAN SEE IF IT’S IN MY NOTES, BUT I’M NOT SURE IF I WROTE IT DOWN AT NIGHT.
Q: IF LOOKING AT YOUR NOTES WOULD ASSIST YOU, PLEASE DO SO.
A: OKAY.
NO, I DIDN’T RECORD WHAT TIME I LEFT THAT DAY.
Q: ALL RIGHT.
WHERE DID YOU GO WHEN YOU WERE DONE?
A: THEN WE WENT TO — I NEED TO LOOK AT THE ADDRESS IN MY NOTES.
15250 SKYRIDGE.
Q: THAT WOULD BE — ALL RIGHT. YOU WENT TO SKYRIDGE?
A: YES.
Q: DID YOU GO INTO A MOTOR HOME?
A: NO, I DID NOT.
Q: DID YOU SEE A MOTOR HOME?
A: YES, I DID.
Q: DID YOU SEE HUMAN BEINGS AROUND THE MOTOR HOME?
A: NO. OTHER THAN THE PEOPLE I ARRIVED WITH.
Q: WHO DID YOU ARRIVE WITH?
A: SERGEANT DURAN, DETECTIVE HOWIE, RUBEN INZUNZA, AND MYSELF.
Q: WHAT TIME WAS THAT THAT YOU GOT TO THE MOTOR HOME IF YOU RECALL?
A: I CAN LOOK.
APPROXIMATELY 8:00 P.M.
Q: HOW LONG DID YOU STAY AT THE MOTOR HOME?
A: LET ME CHECK MY NOTES.
UNTIL — I’M SORRY. I’M CONVERTING MILITARY TIME TO REGULAR TIME. 11:42 P.M.
Q: WHEN YOU SAY YOU’RE LOOKING AT YOUR NOTES, MA’AM, DO YOU HAVE YOUR NOTEBOOK OPEN TO WHAT NOTES YOU’RE LOOKING AT?
A: THIS IS ONE OF MY NOTE PAGES.
Q: ALL RIGHT.
A: PAGE 1 OF 28.
Q: OKAY.
THEN ON THE 5TH OF FEBRUARY AT ABOUT 10:00 O’CLOCK IN THE MORNING, YOU WENT TO THE AERO DRIVE LOT FOR PURPOSES OF EVALUATING THE 4RUNNER, IS THAT CORRECT?
A: THAT’S CORRECT.
Q: YOU STARTED AT APPROXIMATELY 10:30 IN THE MORNING?
A: THAT WOULD BE WHEN I STARTED MY COLLECTION, BUT THE WHOLE PROCESS STARTED BEFORE THAT. BECAUSE PHOTOGRAPHS HAPPENED FIRST.
Q: AND HOW LONG WERE YOU THERE?
A: OH, LET ME CHECK.
I DIDN’T RECORD WHAT TIME I LEFT.
Q: ALL RIGHT.
ON THE FIRST DAY THAT YOU WERE AT THE VAN DAM RESIDENCE, DID YOU EVALUATE THE SIDE GARAGE DOOR?
A: YES.
Q: AND THAT WAS FOR THE PURPOSE OF DETERMINING THE EXISTENCE OF LATENT PRINTS, IS THAT RIGHT?
A: ACTUALLY RUBEN INZUNZA PROCESSED THAT DOOR FOR LATENT PRINTS.
Q: ALL RIGHT.
SO YOU KNOW IT WAS PROCESSED, IT’S JUST YOU WEREN’T THE ONE THAT PROCESSED IT.
A: CORRECT.
Q: DID YOU CHECK TO SEE WHETHER OR NOT AT THE VAN DAM RESIDENCE THERE WAS A LAUNDRY ROOM?
A: YES, I DID.
Q: WAS THERE A LAUNDRY ROOM?
A: YES, THERE WAS.
Q: WERE THERE CLOTHES IN THE WASHER?
A: YES, THERE WERE.
Q: WERE THEY DAMP?
A: YES, THEY WERE.
Q: DID IT INCLUDE TOWELS, DISH CLOTHS, AND A THROW RUG?
A: AS FAR AS I RECALL.
Q: DID YOU EVER RECOVER A PAIR OF SUNGLASSES?
A: NO.
Q: DO YOU RECALL SEEING OR HEARING ABOUT A PAIR OF SUNGLASSES THAT WERE CLOSE TO THE VAN DAM RESIDENCE THAT WERE SEIZED BY THE LAW ENFORCEMENT?
A: NO.
Q: OKAY.
I WANT TO DIRECT YOUR ATTENTION NOW TO DEHESA.
A: OKAY.
Q: CAN YOU TELL ME WHAT TIME DID YOU ARRIVE AT THE DEHESA SCENE?
A: SURE.
IT WOULD BE 5:40 P.M.
Q: WAS YOUR JOB, ONE OF YOUR PRIMARY RESPONSIBILITIES TO PRESERVE THE SCENE TO MAKE SURE THAT IT COULD NOT BE CONTAMINATED?
A: NO.
Q: WHEN YOU ARRIVED AT THE SCENE, HAD THE SCENE BEEN PRESERVED?
A: YES.
Q: HOW?
A: IT WAS ROPED OFF WITH CRIME SCENE TAPE, AND THERE WERE PEOPLE IN CHARGE, DETECTIVES, SERGEANTS, AND POLICE PERSONNEL THAT WERE MAKING SURE THAT THAT HAPPENED.
Q: HOW MANY POLICE PERSONNEL WERE INVOLVED, DO YOU KNOW?
A: I DO NOT.
Q: MORE THAN FIVE?
A: I DON’T KNOW. I JUST DON’T KNOW.
Q: DO YOU RECALL A HELICOPTER?
A: I KNOW THERE WAS A HELICOPTER, BUT IT WASN’T THERE WHEN I WAS THERE.
Q: DO YOU RECALL WHETHER OR NOT THE POLICE PERSONNEL WERE IN UNIFORM?
A: SOME WERE, LIKE THE PATROL OFFICERS. AND THEN THE DETECTIVES GENERALLY DON’T WEAR UNIFORMS.
Q: DID ANY OF THE DETECTIVES HAVE ON ANY KIND OF JACKETS?
A: LIKE A SUIT JACKET?
Q: NO. THEY WERE IN PLAINCLOTHES, WEREN’T THEY?
A: YES. THEIR PLAINCLOTHES ARE USUALLY SUITS, LIKE —
Q: OKAY.
SO ARE YOU TELLING ME AT THE DEHESA SCENE THE DETECTIVES WERE DRESSED IN SUITS?
A: YOU KNOW, I DON’T REALLY RECALL WHAT THEY WERE WEARING, SO. . .
Q: ALL RIGHT.
SO YOU DON’T KNOW WHETHER THEY WERE PLAINCLOTHES OR NOT, MEANING NON-SUITS? NON-SUITS?
A: I DO KNOW THAT THEY WEREN’T IN POLICE UNIFORM.
Q: YOU TOLD US YOU GOT WITHIN A FOOT OF THE BODY.
A: YES.
Q: WHEN DID THAT HAPPEN?
A: THERE WERE SOME BUSHES UP BEHIND DANIELLE’S HEAD. AND WHEN THE BUSHES WERE CUT AWAY, THAT’S WHEN I WAS THAT CLOSE. AND I WAS THAT CLOSE FROM THAT SIDE, FROM THE HEAD SIDE.
MR. FELDMAN: YOUR HONOR, I AM GOING TO TRY TO FIND A PHOTOGRAPH, BUT I’M SAYING THAT —
THE COURT: LET’S FIND IT, COUNSEL.
MR. FELDMAN: WELL, . . .
(PAUSE.)
MR. FELDMAN: YOUR HONOR, I WILL PUT SOME BOARDS UP.
/ / /
BY MR. FELDMAN:
Q: MA’AM, FIRST DIRECTING YOUR ATTENTION TO WHAT’S PREVIOUSLY BEEN MARKED EXHIBIT 3. IS THIS THE SITE THAT YOU TOLD US IS THE DEHESA SITE?
A: YES.
Q: DOES 3 TRULY AND ACCURATELY DEPICT THE CONDITION OF THE AREA AT THE TIME YOU WERE THERE?
A: IT APPEARS TO, YES.
Q: NOW, YOU TOLD US THAT IT APPEARED TO YOU AS THOUGH THAT THERE WERE A LOT OF BUSHES AROUND.
A: YES.
Q: CAN YOU SHOW US WHERE’S THE BUSHES, PLEASE?
A: IN THIS AREA.
Q: OKAY.
NOW, YOU POINTED TO AN AREA WHICH ON 3 HAS A CIRCLE ON IT, AND IT APPEARS AS THOUGH THERE’S A 5 G. H. POINTED AT IT. IS THAT A FAIR STATEMENT?
A: IN THAT GENERAL AREA, YES.
Q: WITH REGARD TO THOSE BUSHES, DID YOU HAVE TO STEP OVER THE BUSHES? HAD THE BUSHES BEEN STEPPED ON?
A: NO. I DID NOT STEP OVER ANY BUSHES. THE BUSHES WERE CAREFULLY BEING EXAMINED AND THEN CUT AWAY AND REMOVED FROM THAT AREA.
Q: BY WHOM?
A: I DON’T RECALL WHO CUT THE BUSHES. IT WAS ME, KAREN LEALCALA, WHO IS ANOTHER FORENSIC SPECIALIST, AND THEN I DON’T RECALL WHO ACTUALLY CUT THE BUSHES.
Q: OKAY.
DO YOU RECALL WHERE THE BUSHES WERE TAKEN?
A: YES.
Q: WHERE?
A: RIGHT DOWN ONTO THE BLACKTOP. AND THEN I SPREAD THEM OUT ON THE TARP WHERE I GOT DOWN AND EXAMINED EACH BUSH THAT WAS REMOVED.
Q: OKAY.
DID ANYBODY DO ANY DIGGING IN THE AREA OF WHERE THE BODY WAS LOCATED?
A: THAT’S NOT SOMETHING I WOULD KNOW.
Q: YOU ACTUALLY RECOVERED A NUMBER OF DIFFERENT I’LL SAY EXHIBITS, BUT PIECES OF EVIDENCE FROM THE RECOVERY SITE. ISN’T THAT CORRECT, MA’AM?
A: I DID.
Q: AND AMONG THAT — HERE WE GO. YOU HAVE A SUPPLEMENTAL EVIDENCE LIST WHICH IS REFERRED TO AS SUPPLEMENTAL EVIDENCE LIST TWO. JUST SO THAT YOU AND I ARE ON THE SAME PAGE.
MR. FELDMAN: AND THAT’S 1819, COUNSEL.
THE WITNESS: OKAY.
MR. FELDMAN: ALL RIGHT.
BY MR. FELDMAN:
Q: IT’S CORRECT, ISN’T IT, THAT ALONG WITH FORENSIC SPECIALIST LEALCALA YOU ARRIVED AT THE PARK-AND-RIDE AT HIGHWAY 8 AND HIGHWAY 79 AT 2/27 AT APPROXIMATELY 2:12 IN THE AFTERNOON?
A: WHAT PAGE WERE YOU ON?
Q: 4 OF 8. SECOND FULL PARAGRAPH UP FROM THE BOTTOM. I JUST STARTED AT THE TOP OF THE PARAGRAPH.
A: THE DEHESA ROAD SCENE AT APPROXIMATELY 1740 HOURS. WHICH IS THIS? I’M SORRY. WHICH PARAGRAPH ARE YOU READING?
Q: NO PROBLEM. READING PAGE 4 OF 8. GOT IT?
A: OKAY.
Q: SECOND FULL PARAGRAPH UP FROM THE BOTTOM. I, COMMA, ALONG WITH . . . DO YOU SEE IT?
A: YES.
Q: ALL RIGHT.
SO YOU INDICATED, AND I GUESS IT’S CORRECT, THAT YOU, ALONG WITH MISS LEALCALA ARRIVED FIRST AT THE PARK-AND-RIDE AT HIGHWAY 8 AND 79 AT 2/27 AT 1412 HOURS, 2:12, CORRECT?
A: YES.
Q: YOU WENT TO THE EL CENTRO AREA WITH SERGEANT HOLMES, IS THAT RIGHT?
A: KAREN AND I WERE IN ONE VAN, AND WE WERE CARAVANING OUT THERE. SO YES, THAT’S CORRECT.
Q: THE SAME SERGEANT HOLMES WHO IS IN THE COURTROOM.
A: YES, IT IS.
Q: AND YOU GOT TO THE EL CENTRO AREA ABOUT 4:00 O’CLOCK IN THE AFTERNOON, IS THAT RIGHT?
A: I WOULD HAVE TO LOOK AT MY NOTES, BUT THAT SOUNDS —
Q: I’M JUST TRACKING YOU RIGHT DOWN THE PARAGRAPH, MA’AM.
A: OKAY.
Q: OKAY?
A: OKAY.
YES. AT 4:00 O’CLOCK.
Q: SO AT ABOUT FIVE MINUTES AFTER 4:00 YOU WERE DIRECTED BY SERGEANT HOLMES TO GO TO DEHESA ROAD IN SAN DIEGO.
A: THAT’S CORRECT.
Q: YOU THEN ARRIVED AT DEHESA AT ABOUT 5:40 P.M., CORRECT?
A: THAT’S CORRECT.
Q: AT 6:39 P.M. YOU STARTED TO TAKE PHOTOGRAPHS, CORRECT?
A: YES.
Q: THE PHOTOS THAT I JUST SHOWED YOU ON THE BOARD, WERE THOSE SOME OF THE PHOTOS YOU TOOK?
A: THE AERIAL PHOTOGRAPH?
Q: I GUESS I SHOWED YOU THE WRONG BOARD. SORRY.
DIRECTING YOUR ATTENTION TO WHAT’S BEEN MARKED — HMMM. IT SAYS EVIDENCE ITEMS A AND B, BUT IT DOESN’T APPEAR TO HAVE ANY MARKING ON IT.
THE COURT: PROBABLY BECAUSE IT HASN’T BEEN MARKED, COUNSEL.
MR. FELDMAN: WELL, IF I COULD PLEASE HAVE MARKED AS DEFENSE NEXT IN ORDER.
THE COURT: 91 FOR IDENTIFICATION.
MR. FELDMAN: COURT’S NEXT IN ORDER. I’M SORRY.
THE CLERK: JUDGE, IT’S NOT 91. I HAVE BEEN MARKING EXHIBITS OVER HERE.
THE COURT: THEN WHAT’S IT GOING TO BE?
THE CLERK: 97.
THE COURT: 97 FOR IDENTIFICATION.
MR. FELDMAN: MAY I WRITE ON IT, YOUR HONOR?
THE CLERK: NO. THE CLERK WILL TAKE CARE OF IT.
MR. FELDMAN: OKAY.
(PHOTOBOARD CONTAINING FIVE PHOTOGRAPHS MARKED TRIAL
EXHIBIT NUMBER 97 FOR IDENTIFICATION.)
BY MR. FELDMAN:
Q: DIRECTING YOUR ATTENTION TO WHAT’S NOW BEEN MARKED 97. IS 97 A BOARD DEPICTING EVIDENCE AT DEHESA?
A: I DON’T KNOW. THAT’S NOT MY EVIDENCE.
Q: OKAY.
SO YOU DON’T KNOW ABOUT THIS ONE?
A: NO.
Q: DIRECTING YOUR ATTENTION TO WHAT’S BEEN PREVIOUSLY MARKED 4. ARE THESE YOUR PHOTOS?
A: THOSE ARE NOT MY PHOTOS.
Q: BEFORE COMING TO COURT TODAY, WERE YOU SHOWN ANY BOARDS THAT HAD YOUR PHOTOS?
A: I SAW BOARDS THAT MIGHT HAVE HAD SOME OF MY PHOTOS.
Q: AT DEHESA?
A: OH, NO. NO.
Q: OKAY. OKAY.
AND WHEN YOU TALKED WITH MR. CLARKE, HE DIDN’T SHOW YOU ANY BOARDS THAT HAD DEHESA ON IT, RIGHT
A: NO.
Q: WHEN YOU SAY NO, YOU AGREE WITH ME, CORRECT?
A: I AGREE WITH YOU.
Q: OKAY.
ALL RIGHT. DOES 97 APPEAR TO TRULY AND ACCURATELY DEPICT THE CONDITION OF THE RECOVERY SITE IN DEHESA AT OR NEAR THE TIME YOU ARRIVED?
A: EXCEPT FOR THE WHOLE PART WITH THE PLACARDS. THEY WEREN’T THERE WHEN I GOT THERE.
Q: YOU SAID THE WHOLE PART WITH THE PLACARDS. AND I’M NOT SURE WHAT YOU ARE REFERRING TO.
A: WHEN I ARRIVED, THE PLACARDS WERE NOT THERE ALREADY.
Q: MEANING THE EVIDENCE TAGS?
A: CORRECT.
Q: AND YOU ARE REFERRING TO THE EVIDENCE TAGS APPEARING IN A, CORRECT?
A: CORRECT. AND THERE WAS A BODY THERE, AND —
Q: RIGHT.
SO THESE PICTURES OBVIOUSLY WERE TAKEN AFTER THE BODY WAS REMOVED.
A: IT’S HARD FOR ME TO TELL IS THAT THE EXACT AREA, BUT THAT’S WHAT IT LOOKS LIKE.
Q: HOW MUCH OF A SEARCH WAS CONDUCTED BY LAW ENFORCEMENT IN THE IMMEDIATE AREA OF WHERE THE BODY WAS LOCATED?
A: THAT I DON’T KNOW.
Q: HOW MUCH OF A SEARCH DID YOU UNDERTAKE?
A: I ASSISTED FORENSIC SPECIALIST LEALCALA IN THE SEARCH OF JUST THE AREA WHERE THE HEAD AND THE BODY WERE.
Q: ALL RIGHT.
SO YOU DIDN’T GO, SAY, A HUNDRED YARDS OUT?
A: NO.
Q: IN EITHER DIRECTION?
A: NO.
AND I ALSO SEARCHED THE BUSHES THAT WERE REMOVED FROM NEAR THE HEAD AREA.
Q: IN 4 ARE THESE THE BUSHES, 4-D, THAT YOU ARE MAKING REFERENCE TO, MA’AM?
A: I CAN’T TELL WHICH SIDE OF THE BODY THOSE BUSHES ARE ON. IS THAT THE BODY THAT’S CIRCLED?
Q: I THINK SO.
A: YES. THEN THE BUSHES WOULD BE ON THE OTHER SIDE OF THE BODY, ON THE HEAD SIDE OF THE BODY.
Q: IN E WE SEE A MORE DIRECT PHOTOGRAPH. WHAT BUSHES?
A: IT WOULD BE MORE THE BUSHES THAT WERE UP IN THIS AREA.
Q: OKAY.
NOW, WHEN YOU SAY UP IN THIS AREA, YOU’RE REFERRING TO 4-E IN THE UPPER LEFT CORNER, IS THAT RIGHT?
A: CORRECT.
Q: DO YOU KNOW WHETHER LAW ENFORCEMENT ALSO TRIED TO REMOVE THE BUSHES IN A PARTICULARLY WIDE AREA OR NOT?
A: I DON’T KNOW.
Q: YOUR JOB AT THE DEHESA SITE I THINK YOU JUST TOLD ME WAS TO ASSIST LEALCALA IN THE COLLECTION OF EVIDENCE. IS THAT RIGHT?
A: TO ASSIST HER IN WHATEVER WAY SHE NEEDED ASSISTANCE.
Q: FOR INSTANCE, DID YOU ASSIST IN THE COLLECTION OF SOME OF THE EVIDENCE?
A: I ASSISTED IN SEARCHING THE BUSH THAT WAS REMOVED FROM NEAR THE VICTIM’S HEAD AND COLLECTING ANY EVIDENCE I WOULD FIND ON THAT BUSH.
Q: YES.
A: AND ALSO BY COLLECTING THE SEARCH AND RESCUE WORKERS’ SHOES.
Q: WHAT ABOUT COLLECTING ONE DARK, SHORT HAIR, IT WAS A HUMAN HAIR, FROM THE UNDERARM AREA OF THE DECEDENT?
A: THAT HAPPENED DURING THE AUTOPSY.
Q: ALL RIGHT.
SO YOU RECALL THAT THERE WAS A POINT IN TIME, BUT IT WAS DURING THE AUTOPSY WHERE THERE WAS A SHORT, DARK HAIR LOCATED IN DANIELLE VAN DAM’S UNDERARM AREA?
A: YES.
Q: AND YOU RETRIEVED THAT SHORT, DARK HAIR, DID YOU?
A: YES, I DID.
Q: AND YOU PUT IT IN, CONSISTENT WITH YOUR PRACTICE, IN A SPECIAL PLACE TO PROTECT IT FOR PURPOSES OF INSURING ITS INTEGRITY, IS THAT RIGHT?
A: CORRECT.
Q: WHERE’S THAT HAIR TODAY, DO YOU KNOW?
A: I IMPOUNDED IT. AND THAT’S THE END OF MY CHAIN OF CUSTODY.
Q: ALL RIGHT.
YOU DID WITH THAT HAIR JUST WHAT WAS EVER APPROPRIATE FOR YOU TO DO.
A: CORRECT.
Q: NOW, AT THE SCENE DID YOU ALSO OBTAIN — YOU AT ANY TIME DO ANY DIGGING AROUND THE SCENE?
A: NO.
Q: SO YOU DIDN’T REMOVE ANY BUGS AT THE SCENE.
A: NO.
Q: WHO DID?
A: I WASN’T UP THERE WHEN THEY WERE LOOKING AT THE BUGS. I WAS DOWN DOING OTHER THINGS. SO I DON’T KNOW WHO DID OR DID NOT COLLECT BUGS AT THE SCENE.
Q: OKAY.
YOU JUST SAID I WASN’T UP THERE WHEN THEY WERE UP THERE. AND I’M SORRY, YOU TOLD US THAT THERE WAS A TIME WHEN YOU WERE ON THE STREET LOOKING THROUGH SOME I GUESS OF THE BUSHES. IS THAT RIGHT?
A: RIGHT.
Q: WAS IT AT THAT TIME THAT OTHERS WERE UP BY THE BODY OR THE BODY LOCATION?
A: YES.
Q: AND WAS IT YOUR UNDERSTANDING THAT AT THAT TIME THERE WERE PEOPLE THAT WERE SEARCHING FOR BUGS?
A: I DON’T KNOW WHAT THEY WERE SEARCHING FOR AT THAT POINT.
Q: WHEN YOU WENT TO THE AUTOPSY, YOU IN FACT SPECIFICALLY WERE LOOKING FOR BUGS, WEREN’T YOU?
A: THAT WAS ONE OF THE THINGS I WAS LOOKING FOR, YES.
Q: WHY?
A: BUGS CAN HELP NAIL DOWN THE TIME OF DEATH OR GIVE AN APPROXIMATION OF THE TIME OF DEATH.
Q: HOW SO?
A: I AM NOT AN EXPERT IN BUGS. THAT’S ABOUT THE EXTENT OF MY KNOWLEDGE ON BUGS.
Q: OKAY.
SO YOU UNDERSTAND THEY HAVE A BEARING IN ASSISTING INDIVIDUALS IN IDENTIFYING TIME OF DEATH.
A: RIGHT.
Q: AND, IN FACT, WHEN YOU —
THE COURT: NEED A BREAK?
(JUROR 13 NODDED HER HEAD.)
THE COURT: ALL RIGHT.
LADIES AND GENTLEMEN, WE’VE GOT THE SIGNAL.
PLEASE REMEMBER THE ADMONITION OF THE COURT. BE REAL QUICK, AND BE BACK OUTSIDE THE DOOR AT LET’S MAKE IT 2:15. 2:15. REMEMBER THE ADMONITION.
(RECESS, 1:57 O’CLOCK, P.M., TO 2:15 O’CLOCK, P.M.)
THE COURT: ALL RIGHT. WELCOME BACK, LADIES AND GENTLEMEN.
ALL RIGHT. MR. FELDMAN.
MR. FELDMAN: THANK YOU.
I AM GOING TO REDIRECT YOUR ATTENTION TO THE AUTOPSY.
THE WITNESS: OKAY.
BY MR. FELDMAN:
Q: I THINK YOU WERE TELLING US THAT YOU UNDERSTOOD THAT BUGS WERE OF SOME BENEFIT IN IDENTIFYING TIME OF DEATH. IS THAT RIGHT?
A: IN HELPING TO NARROW IT DOWN, YES.
Q: AND AMONG YOUR TASKS WAS TO COLLECT UP WHATEVER BUG SPECIMENS THERE MIGHT HAVE BEEN AT AUTOPSY, IS THAT RIGHT?
A: I DID NOT COLLECT THE BUG SPECIMENS AT THE AUTOPSY.
Q: WHO DID?
A: THEY WERE COLLECTED BY FAULKNER.
Q: THAT WOULD BE FORENSIC ENTOMOLOGIST DAVID FAULKNER?
A: YEAH.
Q: AND A FORENSIC ENTOMOLOGIST YOU UNDERSTAND TO BE SOMEBODY THAT KNOWS SOMETHING ABOUT BUGS AND THE LAW, RIGHT?
A: THAT’S CORRECT.
Q: SO HE WAS ACTUALLY PRESENT AT THE AUTOPSY, FAULKNER WAS?
A: YES, FAULKNER WAS AT THE AUTOPSY.
Q: YOU’VE BEEN TO A LOT OF AUTOPSIES, HAVEN’T YOU?
A: A FEW, YES.
Q: DID YOU EVER SEE HIM AT THE AUTOPSIES, ANY OTHER AUTOPSY?
MR. CLARKE: OBJECTION. BEYOND THE SCOPE.
THE COURT: IRRELEVANT. SUSTAINED.
NEXT QUESTION.
BY MR. FELDMAN:
Q: WITH REGARD TO YOUR SEIZURES AT THE AUTOPSY, AMONG THE ITEMS THAT YOU TOOK WERE VEGETATION FROM THE FRONT OF THE HEAD AND THE NECK OF DANIELLE VAN DAM.
A: YES.
Q: VEGETATION FROM THE BACK OF THE HEAD AND THE NECK.
A: YES.
Q: VISIBLE VEGETATION FROM THE BACK OF THE RIGHT ARM.
A: YES.
Q: VISIBLE VEGETATION FROM THE FRONT OF THE TORSO ABOVE THE WAIST.
A: YES.
Q: VISIBLE VEGETATION FROM THE BACK OF THE TORSO ABOVE THE WAIST.
A: YES.
Q: VISIBLE VEGETATION FROM THE FRONT OF THE LOWER ABDOMEN AND PELVIS.
A: YES.
Q: VEGETATION FROM THE FRONT OF BOTH LEGS.
A: YES.
Q: THE BACK OF BOTH LEGS.
A: YES.
Q: AND YOU DID TAPE LIFTS TAKEN FROM THE BOTTOM AND THE TOP OF THE RIGHT FOOT, IS THAT RIGHT?
A: THAT’S CORRECT.
Q: WITH REGARD TO THE VEGETATION, WHY DID YOU TAKE THAT?
A: THERE COULD BE TRACE EVIDENCE CLINGING TO THE VEGETATION, THERE COULD BE ANY TYPE OF EVIDENCE CLINGING TO THE VEGETATION.
Q: IN PARTICULAR COULD THE VEGETATION POTENTIALLY HAVE BEEN FROM A SOURCE OR LOCATION OTHER THAN THE SCENE AT WHICH THE BODY WAS RECOVERED?
A: THAT’S POSSIBLE.
Q: SO THAT WOULD BE ONE CONSIDERATION OR PURPOSE IN YOUR COLLECTING THAT KIND OF EVIDENCE, IS THAT RIGHT, MA’AM?
A: CERTAINLY.
Q: NOW, SWABS WERE TAKEN OF THE NECK AREA FOR WHAT PURPOSE?
A: AGAIN TO COLLECT ANYTHING THAT WE COULDN’T SEE, ANY TYPE OF BIOLOGICAL, EVEN SOMETIMES TRACE EVIDENCE CAN BE PICKED UP ON SWABS.
Q: AGAIN, WHEN YOU SAY BIOLOGICAL, ARE YOU REFERRING TO SUCH THINGS AS SEMEN?
A: SALIVA, SEMEN, BLOOD.
Q: ALL RIGHT.
DID YOU SUBSEQUENTLY REQUEST TO BE TESTED ANY OF THE ITEMS THAT YOU SEIZED? THAT’S NOT YOUR SCOPE?
A: THAT’S NOT MY JOB, RIGHT.
(DISCUSSION OFF THE RECORD BETWEEN MR. FELDMAN
AND MR. BOYCE.)
MR. FELDMAN: I’M SORRY. ALMOST DONE. NOT QUITE.
BY MR. FELDMAN:
Q: REDIRECTING YOUR ATTENTION, MA’AM, TO 23, AND MORE SPECIFICALLY E. DO YOU SEE — CAN YOU DESCRIBE WHAT IT IS — IT LOOKS LIKE A CLOSET OBVIOUSLY.
A: YEAH. I BELIEVE YOU’RE POINTING TO THE CLOSET WITH THE SLIDING DOORS.
Q: DID YOU TRY AND GET LATENTS FROM THE SLIDING DOORS?
A: I PERSONALLY DID NOT. BUT ANOTHER FORENSIC SPECIALIST DID.
Q: AND WHO WOULD THAT HAVE BEEN?
A: I BELIEVE IT WAS FORENSIC SPECIALIST DORSET. I WAS NOT IN THE ROOM AT THE TIME. I CAN LOOK IN MY NOTES, THOUGH.
Q: PLEASE.
A: OKAY.
YES, IT WAS FORENSIC SPECIALIST DORSET.
Q: OKAY.
AND WHEN WAS THAT DONE TO YOUR KNOWLEDGE, IF YOU KNOW?
A: I HAVE A PHOTOCOPY OF THE BACK OF HIS FINGERPRINT CARD.
Q: YES, MA’AM.
A: THAT WOULD HAVE SPECIFIC TIMES. BUT AS FAR AS THE DATE, IT WAS FEBRUARY 13TH.
Q: IN EXHIBIT 47, DIRECTING YOUR ATTENTION TO EXHIBIT 47, YOU TOLD US ABOUT THE 4RUNNER. I’M SORRY. I JUST DON’T REMEMBER DID I ASK YOU, DID YOU DO ANYTHING TO TRY AND LIFT LATENT FINGERPRINTS FROM 47 FROM THE 4RUNNER?
A: YES, I DID.
Q: AND ABOUT HOW MANY LIFTS DID YOU TAKE, IF YOU RECALL?
A: DON’T RECALL OFFHAND.
Q: PLEASE.
A: (PAUSE.)
I LIFTED A TOTAL OF SEVEN, AND THEN FORENSIC SPECIALIST INZUNZA ALSO LIFTED SOME FINGERPRINTS.
Q: AND DO YOU RECALL WHERE THE SEVEN YOU LIFTED CAME FROM?
A: YES. I HAVE NOTES TO THAT EFFECT.
Q: PLEASE.
A: THE FIRST FIVE WERE LIFTED ON FEBRUARY 5TH FROM THE EXTERIOR OF THE VEHICLE. ON THE DRIVER’S SIDE. AROUND THE FRONT OF THE DRIVER’S-SIDE WINDOW. AROUND THE DRIVER’S-SIDE DOOR HANDLE. FRONT DOOR. AROUND THE DRIVER’S SIDE REAR DOOR DOOR HANDLE. AND AROUND THE DRIVER’S-SIDE REAR DOOR ON THE DOOR FRAME BETWEEN THE FAR BACK CARGO WINDOW AND THE BACK PASSENGER WINDOW. AND THEN ON THE TAILGATE, ON THE DRIVER’S SIDE ON THE TAILGATE.
AND THEN I LIFTED TWO ON FEBRUARY 6TH ON THE INTERIOR OF THE 4RUNNER. AND ONE OF THEM WAS ON THE INSIDE THE DRIVER’S- SIDE DOOR ON THE WINDOW FRAME. AND THE OTHER ONE WAS ON THE INSIDE, ON THE PASSENGER-SIDE DOOR WINDOW FRAME.
MR. FELDMAN: NO FURTHER QUESTIONS.
THANK YOU.
THE COURT: ALL RIGHT.
MR. CLARKE. ANYTHING FURTHER?
MR. CLARKE: YES. THANK YOU, YOUR HONOR.

REDIRECT EXAMINATION
BY MR. CLARKE:
Q: GOOD AFTERNOON, MISS SAVAGE.
A: GOOD AFTERNOON.
Q: WITH REGARD TO PHOTOGRAPHS TO DETERMINE WHETHER THEY WERE TAKEN, IS IT AS SIMPLE AS LOOKING AT THE BACK OF ONE OF THE ORIGINAL SETS OF PHOTOGRAPHIC PRINTS?
A: RIGHT. I KEEP A LOG AS OF WHEN I STARTED MY PHOTOGRAPHS. AND WHEN I WANT TO IDENTIFY WHEN I STARTED MY PHOTOGRAPHS WITHOUT LOOKING AT MY LOG, I CAN SIMPLY LOOK AT THE BACK OF MY PICTURE WHERE I HAVE A STICKER WITH THE DATE AND MY INITIALS AND I.D. NUMBER AND ALL OF THAT INFORMATION.
Q: AND IS THAT SOMETHING AVAILABLE TO ALL OF US ON REQUEST?
A: OH, CERTAINLY.
Q: I WOULD LIKE TO SHOW YOU A COUPLE OF PHOTOBOARDS IF I COULD. FIRST OF WHICH IS EXHIBIT 21. HAVE YOU HAD A CHANCE TO LOOK AT THAT BOARD —
A: YES.
Q: — AT LEAST BRIEFLY EARLIER TODAY?
A: YES.
Q: DOES THAT BOARD INDIVIDUAL OR DOES IT HAVE A PHOTOGRAPH OF THE BEDROOM DOOR THAT WAS NOT APPARENT — I’M SPEAKING OF THE THREE CHILD’S DOORS AT THE VAN DAM HOUSE. THE EARLIER PHOTOBOARD WITH DANIELLE’S BEDROOM ALSO DEMONSTRATED THE BEDROOM IMMEDIATELY NEXT TO IT. DO YOU RECALL THAT?
A: I DO.
Q: WITH RESPECT TO THIS EXHIBIT 21, DOES IT HAVE ONE OR MORE PHOTOGRAPHS THAT DEMONSTRATE WHAT, IF ANYTHING, WAS ON THE FRONT DOOR; THAT IS, THE BEDROOM DOOR, THE EXTERIOR SIDE OR HALLWAY SIDE, OF THE THIRD BEDROOM THAT WAS NOT IN THE EARLIER EXHIBIT?
A: YES, IT DOES.
Q: THAT WAS A LONG QUESTION. I APOLOGIZE.
ALL RIGHT. WHICH PHOTOGRAPH ON EXHIBIT 21 SHOWS THAT?
A: I CAN SEE IT A LITTLE BIT IN PHOTOGRAPH A OF EXHIBIT 21 AND A LITTLE BIT MORE IN PHOTOGRAPH D IN EXHIBIT 21.
Q: ALL RIGHT.
AND DOES EXHIBIT D? THAT’S THE BETTER VIEW.
A: D IS DEFINITELY THE BETTER VIEW.
Q: DOES IT SHOW THE PARTICULAR MARKINGS THAT YOU DESCRIBED EARLIER IN YOUR TESTIMONY?
A: AS FAR AS THE DECORATION —
Q: ON THE DOOR, YES.
A: — ON THE DOOR? YES.
Q: AND DOES THAT APPEAR TO BE CONSISTENT WITH WHAT YOU SAW WHEN YOU FIRST SAW THAT RESIDENCE ON FEBRUARY 2ND OF THIS YEAR?
A: YES.
Q: THAT, AGAIN, DID THAT APPEAR TO BE A FEMININE OR A MALE OR MASCULINE TYPE OF MARKING?
A: I WOULD LABEL IT AS MASCULINE.
Q: WHEN YOU — AND I CAN’T REMEMBER THE DATE; PERHAPS YOU CAN HELP ME. WHEN YOU SAW THE FOR LACK OF A TERM VACUUM OR STEAM CLEANER, THAT WAS LOCATED IN THE MASTER BEDROOM, IS THAT CORRECT?
A: THAT’S CORRECT. AND THAT WAS ON THE FIRST DAY.
Q: ALL RIGHT.
AND I BELIEVE YOU DESCRIBED IT AS BEING WET INSIDE. IS THAT RIGHT?
A: YES.
Q: WHEN YOU WENT INTO DANIELLE’S BEDROOM, DID YOU PAY NOTE AS TO WHETHER OR NOT ANY OF HER CARPETING APPEARED TO BE WET?
A: I DID PAY PARTICULAR NOTE TO THAT. I GOT DOWN ON MY HANDS AND KNEES, AND I FELT AROUND THE CARPET TO MAKE SURE THAT IT HADN’T BEEN RECENTLY WETTED.
Q: AND WHAT WERE THE RESULTS OF YOUR EXAMINATION OF IT?
A: IT WAS DRY.
Q: WERE THERE ANY LINES OR ANYTHING TO INDICATE THAT A STEAM CLEANER-TYPE VACUUM WAS USED AT ALL?
A: NO.
MR. CLARKE: YOUR HONOR, I HAVE AN ENVELOPE THAT I WOULD ASK BE MARKED AS NEXT IN ORDER.
THE CLERK: 99.
MR. FELDMAN: I’M SORRY. WHAT’S THE NUMBER?
THE COURT: NINETY-WHAT?
THE CLERK: 99.
MR. CLARKE: FOR THE RECORD I THINK IT CAN BE DESCRIBED AS A MEDIUM-SIZE MANILLA ENVELOPE LABELED ON THE FRONT END.
(MANILLA ENVELOPE AND CONTENTS [CARTRIDGE CASING]
MARKED TRIAL EXHIBIT NUMBER 99 FOR IDENTIFICATION.)
BY MR. CLARKE:
Q: MISS SAVAGE, IF I CAN REFER YOU TO AN ENVELOPE THAT’S JUST BEEN MARKED EXHIBIT 99, FIRST OF ALL, DOES THAT APPEAR TO BE YOUR HANDWRITING ON THE FRONT OF THAT ENVELOPE OR NOT?
A: YES, IT IS.
Q: ALL RIGHT.
THEN IF YOU WOULD, WHEN YOU HAVE THE GLOVES READY, OPEN THAT ENVELOPE FOR US.
A: (THE WITNESS COMPLIED.)
Q: ALL RIGHT. WHAT DOES IT CONTAIN?
A: ANOTHER ENVELOPE THAT HAS MY SIGNATURE ON THE SEAL. IT HAS MY INITIALS. AND IT’S LABELED ITEM NUMBER 7. AND THERE’S A CARTRIDGE CASE INSIDE.
Q: ALL RIGHT.
IS THIS THE PARTICULAR ITEM NUMBER 7 THAT YOU DESCRIBED WHEN I BELIEVE MR. FELDMAN ASKED YOU QUESTIONS ABOUT A CARTRIDGE CASING?
A: YES, IT IS.
Q: ALL RIGHT.
WOULD YOU GO AHEAD AND OPEN THAT. DO YOU HAVE WHAT YOU NEED TO DO THAT OR DO YOU NEED A KNIFE?
A: IT IS OPEN HERE, SO. . .
Q: ALL RIGHT.
AND COULD YOU PULL OUT THE CONTENTS.
A: (THE WITNESS COMPLIED.)
Q: AND, FIRST OF ALL, LET US KNOW WHAT IS THE CONTENTS, OR ARE.
A: THE CONTENTS IS A SMALL CARTRIDGE CASE WITH A HEAD STAMP THAT SAYS SUPER X ON IT. AND IT’S JUST A BEAT-UP CARTRIDGE CASE.
Q: DOES THAT APPEAR TO BE THE CARTRIDGE CASING THAT YOU SEIZED BACK ON I BELIEVE FEBRUARY 2ND OF THIS YEAR?
A: YES.
Q: AND, I’M SORRY, I THINK YOU SAID IT LOOKED BEATEN UP.
A: IT’S VERY BEAT UP.
Q: DOES IT LOOK VERY NEW?
A: NO.
Q: ALL RIGHT. IF YOU COULD JUST REPACKAGE THAT.
A: (THE WITNESS COMPLIED.)
Q: THEN I’M GOING TO ASK YOU TO, IF YOU CAN, TO LOOK OVER YOUR SHOULDER AGAIN TO WHAT’S BEEN MARKED COURT’S EXHIBIT 25, A PHOTOBOARD. DO YOU SEE THAT?
A: YES.
Q: HAVE YOU HAD A CHANCE TO ALSO LOOK AT THIS BOARD EARLIER TODAY?
A: YES.
Q: IN REFERENCE TO THE DRAG MARKS I THINK IS THE TERM WAS USED EARLIER, DOES THIS PARTICULAR EXHIBIT SHOW THOSE MARKS AS YOU DESCRIBED EARLIER IN YOUR TESTIMONY?
A: YES, IT DOES.
Q: ALL RIGHT.
COULD YOU TAKE THE POINTER FOR US AND INDICATE THEIR LOCATION AND DESCRIBE WHICH PHOTOGRAPH YOU’RE POINTING TO, PLEASE.
A: PHOTOGRAPH B AND PHOTOGRAPH C BOTH SHOW THE DRAG MARKS.
Q: AND YOU’RE POINTING TO AN AREA THAT APPEARS TO BE APPROXIMATELY IN THE MIDDLE OF EACH OF THOSE TWO PHOTOGRAPHS.
A: MORE OR LESS IN THE MIDDLE.
Q: AND DO THESE MARKS APPEAR TO STRETCH LEFT TO RIGHT ON PHOTOGRAPHS B AND C OR RIGHT TO LEFT?
A: I HAVE NO WAY OF KNOWING WHETHER IT’S LEFT TO RIGHT OR RIGHT TO LEFT.
Q: BUT JUST THE DIRECTION OF THE MARKS DOES APPEAR TO
BE —
A: HORIZONTAL.
Q: — FROM ONE SIDE TO THE OTHER OF THE PHOTOGRAPH.
A: RIGHT.
Q: WHEN YOU LOOKED IN THAT AREA, DID YOU SEE ANY SIGN OF ANY BLOOD ON THOSE MARKS?
A: NO.
Q: ANY TISSUE?
A: NO.
Q: ANY BIOLOGICAL SAMPLES WHATSOEVER?
A: NO.
Q: BACK TO THE TOYOTA IF WE CAN. YOU DESCRIBED YOUR SEARCH FOR LATENT FINGERPRINTS. DO YOU RECOLLECT THAT?
A: YES.
Q: WERE THERE ANY LATENT FINGERPRINTS FROM THE PASSENGER SIDE OF THAT VEHICLE?
A: YES.
Q: HOW MANY?
A: THE ONLY ONES I DID WAS ON THE INSIDE, SO I CAN SPEAK FOR THOSE. AND THEN RUBEN INZUNZA PROCESSED FOR THE OUTSIDE. AND I MIGHT HAVE A COPY OF HIS FINGERPRINT CARD.
Q: ALL RIGHT. WOULD THAT HELP YOU BE ABLE TO ANSWER THAT QUESTION?
A: THAT WOULD. SO FIRST I CAN TELL YOU FOR ME. I DID ONE. I LIFTED ONE FINGERPRINT FROM THE PASSENGER-SIDE WINDOW ON THE INSIDE.
Q: IS THAT — I’M SORRY. IS THAT FRONT SEAT, BACK SEAT, OR SOME OTHER AREA?
A: THAT WAS THE FRONT SEAT.
Q: OKAY.
A: AND, YOU KNOW, ACTUALLY I DON’T THINK MR. INZUNZA PROCESSED THE INSIDE. ONLY THE OUTSIDE. LET ME CHECK.
YEAH. I’M THE ONLY ONE THAT PROCESSED THE INSIDE FOR FINGERPRINTS OF THE 4RUNNER. SO THERE WAS ONE FINGERPRINT LIFTED.
Q: A TOTAL OF ONE LATENT FINGERPRINT FROM THE ENTIRE PASSENGER SIDE OF THE TOYOTA?
A: RIGHT.
Q: HOW MANY WERE YOU ABLE TO LIFT FROM THE CARGO AREA?
A: INSIDE THE CARGO AREA?
Q: CORRECT.
A: NONE.
Q: LASTLY, YOU DESCRIBED A TRIP TO THE MOTOR HOME AS IT’S BEEN DESCRIBED ON FEBRUARY 4TH. IS THAT CORRECT?
A: YES.
Q: AND I BELIEVE YOU SAID THAT THERE WERE OTHER INDIVIDUALS PRESENT.
A: YES.
Q: WHO WERE THOSE PEOPLE?
A: DETECTIVE HOWIE, SERGEANT DURAN, FORENSIC SPECIALIST INZUNZA, AND MYSELF.
Q: DID ANYONE ENTER THE MOTOR HOME AT THAT TIME, ANY OF THAT GROUP OF PEOPLE?
A: NO.
Q: AND YOU’VE NEVER BEEN INSIDE IT?
A: NO.
MR. CLARKE: THANK YOU.
I HAVE MO MORE QUESTIONS, YOUR HONOR.
THE COURT: ANYTHING FURTHER, MR. FELDMAN?

RECROSS-EXAMINATION
BY MR. FELDMAN:
Q: THE SHELL CASING.
A: YES.
Q: YOU TOLD US THAT YOU WERE ON YOUR HANDS AND KNEES IN DANIELLE VAN DAM’S BEDROOM.
A: CORRECT.
Q: THAT WAS THE FIRST TIME YOU WERE IN THERE?
A: YES.
Q: SO EARLIER TODAY WHEN I ASKED YOU IF IT WAS THERE, YOU WOULD HAVE FOUND IT, THAT’S BECAUSE YOU WERE ON YOUR HANDS AND KNEES LOOKING, RIGHT?
A: THAT’S RIGHT.
Q: COULD YOU TELL THE CALIBER OF THAT SHELL CASING?
A: NO.
Q: DID YOU DO ANYTHING TO, I DON’T KNOW, TRY AND PRESERVE IT FOR FINGERPRINTS?
A: YES. CERTAINLY. I PACKAGED IT IN A WAY THAT IT WOULD BE PRESERVED FOR FINGERPRINTS.
Q: YOU SAID IT WAS OPENED. DID SOMEBODY SIGN AND OPEN IT?
A: I DON’T KNOW WHAT SOMEONE DID, BUT THERE IS — THIS IS NOT MY INITIALS.
Q: I’M SORRY. YOU’RE REFERRING TO THIS. AND WHAT I AM SHOWING YOU IS I GUESS BLUE INK WRITING ON TAPE THAT PREVIOUSLY SEALED THE ENVELOPE. IS THAT RIGHT?
A: CORRECT.
Q: SO THIS IS THE MANNER IN WHICH YOU PRESERVE THE EVIDENCE.
A: THAT’S CORRECT.
Q: AND THIS IS AN ILLUSTRATION OF CHAIN OF CUSTODY, IS IT?
A: I’M NOT SURE WHAT YOU’RE SAYING, THAT SOMEONE SIGNED THIS?
Q: YOU SEIZED THIS.
A: YES. I SEIZED —
Q: AND YOU PUT IT SOME PLACE.
A: I IMPOUNDED IT.
Q: AND THEN SOMEBODY ELSE APPARENTLY CAME AND GOT IT.
A: CORRECT.
Q: AND SIGNED ON THE EVIDENCE, ON THE EVIDENCE ENVELOPE. IS THAT RIGHT?
A: THAT’S WHAT IT APPEARS.
Q: COULD YOU PLEASE OPEN THAT SHELL CASING UP AGAIN.
A: (THE WITNESS COMPLIED.)
Q: AND I SEE YOU’RE USING GLOVES. WHY?
A: I ALWAYS WEAR GLOVES WHEN I HANDLE EVIDENCE. I DON’T LIKE TO TOUCH EVIDENCE WITHOUT GLOVES ON.
Q: DO GLOVES — DOES STUFF ADHERE TO GLOVES?
A: SURE.
Q: LIKE HAIR?
A: SURE.
Q: SO GLOVES THEMSELVES CAN POSSIBLY BE INVOLVED IN TRANSFERENCE OF EVIDENCE, HUH?
A: YES.
MR. CLARKE: OBJECTION. ARGUMENTATIVE. ALSO BEYOND THE SCOPE.
THE COURT: SUSTAINED. SUSTAINED.
MR. CLARKE: MOVE TO STRIKE THE ANSWER.
THE COURT: THE JURY IS TO DISREGARD THE LAST ANSWER.
BY MR. FELDMAN:
Q: THE SHELL CASING ITSELF, THERE’S NO WAY TO DETERMINE AGE.
A: I WOULDN’T KNOW THAT.
Q: IS THERE ANY WAY TO DETERMINE WHOSE IT WAS?
A: I WOULDN’T KNOW THAT.
Q: CALIBER?
A: I’M SURE THAT A FIREARMS EXAMINER COULD DETERMINE ALL OF THOSE THINGS.
Q: DO YOU SEE ANYTHING ON THAT ENVELOPE THAT INDICATES A FIREARMS EXAMINER LOOKED AT THAT SHELL CASING?
MR. CLARKE: OBJECTION. NO FOUNDATION.
THE COURT: IF YOU KNOW, YOU MAY ANSWER.
THE WITNESS: I DON’T KNOW. I DON’T KNOW WHOSE INITIALS THOSE ARE, SO. . .
BY MR. FELDMAN:
Q: EARLIER MR. CLARKE PUT A CHART UP ON THE WALL, AND IT WAS THE HALLWAY OF THE VAN DAMS’ RESIDENCE. AND HE ASKED YOU WHETHER OR NOT YOU COULD TELL THE SEX OF THE INDIVIDUAL OR DRAW INFERENCES REGARDING THE SEX OF THE INDIVIDUAL FROM THE DOORS.
A: YES.
Q: DID YOU DO ANY KIND OF TEST WHERE YOU TURNED OFF ALL THE LIGHTS IN THE UPSTAIRS TO TELL WHETHER OR NOT YOU COULD TELL WHO WAS IN WHAT BEDROOM?
MR. CLARKE: OBJECTION. ASKED AND ANSWERED.
THE COURT: SUSTAINED.
YOU NEED NOT ANSWER IT AGAIN.
MR. FELDMAN: NO FURTHER QUESTIONS.
THE COURT: ANYTHING ELSE?
MR. CLARKE: NO, THANK YOU, YOUR HONOR.
THE COURT: ALL RIGHT.
IS THIS WITNESS TO BE SUBJECT TO RECALL —
MR. FELDMAN: YES, YOUR HONOR.
THE COURT: — OR RELEASED?
MR. FELDMAN: I’M ASKING SUBJECT TO RECALL, YOUR HONOR.
MR. CLARKE: AS FAR AS WE ARE CONCERNED, YOUR HONOR.
THE COURT: MA’AM, YOUR TIME WITH US IS DONE. HOWEVER, YOU WILL BE SUBJECT TO RECALL.
REMEMBER THE ADMONITION NOT TO DISCUSS YOUR TESTIMONY WITH ANYONE UNTIL THE MATTER IS CONCLUDED. AND YOU’RE FREE TO OBVIOUSLY DO YOUR PROFESSIONAL WORK.
WOULD YOU HAND THAT TO MR. DUSEK ON YOUR WAY BY, PLEASE.
(THE WITNESS WAS EXCUSED.)
THE COURT: ALL RIGHT. MR. CLARKE.
MR. DUSEK: JIM TOMSOVIC.
THE COURT: SEE, YOU THREW ME A CURVE THERE.
ALL RIGHT. MR. DUSEK.

JAMES F. TOMSOVIC,
CALLED AS A WITNESS BY THE PLAINTIFF, HAVING BEEN DULY SWORN, TESTIFIED AS FOLLOWS:
THE CLERK: SIR, WOULD YOU PLEASE STATE YOUR NAME AND SPELL IT FOR THE RECORD.
THE WITNESS: JAMES F. TOMSOVIC. T-O-M-S-O-V-I-C.

DIRECT EXAMINATION
BY MR. DUSEK:
Q: HOW ARE YOU EMPLOYED, SIR?
A: I’M A POLICE OFFICER FOR THE SAN DIEGO POLICE DEPARTMENT. I’M CURRENTLY ASSIGNED AS AN INVESTIGATOR TO THE HOMICIDE DIVISION.
Q: HOW LONG HAVE YOU BEEN A POLICE OFFICER?
A: OVER THIRTY-TWO YEARS.
Q: HOW LONG HAVE YOU BEEN A DETECTIVE?
A: OVER FIFTEEN YEARS.
Q: AND HOW LONG HAVE YOU BEEN IN HOMICIDE?
A: OVER EIGHT YEARS.
Q: ARE YOU PART OF A HOMICIDE TEAM?
A: TEAM FOUR.
Q: WHAT IS A HOMICIDE TEAM?
A: IT’S A SERGEANT — WELL, ACTUALLY A LIEUTENANT, A SERGEANT, FOUR DETECTIVES, A FORENSIC SPECIALIST, AND OCCASIONALLY A CRIMINALIST.
Q: WHO’S THE SERGEANT OF YOUR HOMICIDE TEAM?
A: SERGEANT BILL HOLMES.
Q: THE INDIVIDUAL IN FRONT OF ME?
A: YES.
Q: HOW LONG HAVE YOU BEEN ON HIS TEAM?
A: PROBABLY ABOUT FOUR YEARS.
Q: AND IS THERE A CRIMINAL — FORENSIC SPECIALIST ASSIGNED TO YOUR TEAM?
A: YES.
Q: WHAT’S HER NAME?
A: CURRENTLY KAREN LEALCALA.
Q: DOES SHE REMAIN WITH THE TEAM WHENEVER THE TEAM GETS CALLED OUT?
A: YES.
Q: WHEN ARE YOU ON DUTY?
A: TECHNICALLY WE’RE ON DUTY TWENTY-FOUR-HOUR-A-DAY, SEVEN-DAYS-A-WEEK-TYPE JOB. WE WORK NORMAL HOURS OF 6:30 ‘TIL 5:00 IN THE AFTERNOON FOUR DAYS A WEEK. BUT WHEN WE’RE ON CALL TO ROTATION, IT’S A ROTATIONAL SYSTEM, AND WHEN WE ARE ON, WE CAN BE CALLED OUT ANY TIME OF THE DAY OR NIGHT.
Q: WHEN YOU ARE ON CALL, THAT MEANS WHEN A HOMICIDE DEVELOPS, THE TEAM ON CALL GETS THAT CALL?
A: A HOMICIDE OR OTHER TYPES OF INVESTIGATIONS THAT WE HANDLE,YES.
Q: DETECTIVE TOMSOVIC, I WOULD LIKE TO DIRECT YOUR ATTENTION BACK TO FEBRUARY 4TH OF THIS YEAR. WERE YOU ON CALL THAT EVENING?
A: YES, WE WERE.
Q: DID YOU GET A CALL THAT EVENING?
A: ABOUT 11:00 O’CLOCK AT NIGHT I RECEIVED A CALL FROM SERGEANT HOLMES DIRECTING ME TO GO TO THE NORTHEASTERN POLICE STATION IN RANCHO PENASQUITOS TO ASSIST IN THE INVESTIGATION OF A MISSING CHILD.
Q: WERE YOU AT HOME WHEN YOU GOT THE CALL?
A: I WAS AT HOME AND ASLEEP, YES.
Q: WHAT TIME DID YOU GET TO NORTHEASTERN?
A: I GOT THE CALL AT ABOUT 11:00 O’CLOCK AT NIGHT. I GOT TO THE NORTHEASTERN SUBSTATION AT ABOUT TEN MINUTES TO MIDNIGHT.
Q: AND DID ALL OF YOUR TEAM GATHER?
A: EVENTUALLY WE ALL ARRIVED AT THE STATION.
Q: INCLUDING KAREN LEALCALA?
A: KAREN WAS ONE OF THEM, ONE OF THE MEMBERS, THAT NIGHT.
Q: WERE INDIVIDUALS GIVEN ASSIGNMENTS FOR THIS CASE?
A: EVENTUALLY, YES.
Q: WHAT DO YOU MEAN EVENTUALLY?
A: WELL, WE ASSEMBLED AT THE STATION. WE WERE — WE HAD TO WAIT FOR A PERIOD OF TIME FOR THINGS TO GET ORGANIZED, AT WHICH TIME WE WERE BRIEFED ON THE INCIDENT AS IT HAD TRANSPIRED UP TO THAT POINT. AND FOLLOWING THE BRIEFING, SERGEANT HOLMES MADE ASSIGNMENTS.
Q: WHAT WAS YOUR ASSIGNMENT?
A: MY ASSIGNMENT WAS TO INVESTIGATE, I WAS TO BE A SCENE INVESTIGATOR WHICH IN THIS CASE ENTAILED SEARCHING THE WESTERFIELD HOME AND A COUPLE OF HIS VEHICLES. AND THIS WAS PURSUANT TO SEARCH WARRANT THAT WAS BEING — THEY WERE ATTEMPTING TO GET A SEARCH WARRANT AT THAT TIME. IT HADN’T YET BEEN ISSUED.
Q: WHEN YOU ARRIVED AT NORTHEASTERN, THE SEARCH WARRANT WAS IN PROCESS?
A: YES.
Q: AND AS THE SCENE MAN, DO YOU WORK WITH ANYONE?
A: I WORK VERY CLOSELY WITH KAREN LEALCALA, AND IN THIS CASE ALSO A CRIMINALIST WAS ASSIGNED TO OUR TEAM FROM THE BEGINNING, AND THAT IN THIS CASE WAS ANNETTE PEER.
Q: WHAT IS A CRIMINALIST?
A: THAT’S A LAB. TECHNICIAN THAT’S SPECIFICALLY TRAINED FOR TRACE EVIDENCE, BIOLOGICAL EVIDENCE, AND SO FORTH THAT WE MAY ENCOUNTER.
Q: EVENTUALLY DID YOU RECEIVE WORD THAT A SEARCH WARRANT FOR THE DEFENDANT’S RESIDENCE HAD BEEN OBTAINED?
A: YES.
Q: WHAT DID YOU DO ONCE YOU GOT THAT INFORMATION?
A: WE ACTUALLY WERE EN ROUTE TO THE RESIDENCE PRIOR TO THE SEARCH WARRANT BEING ISSUED. WE HAD ALL ASSEMBLED AT THE RESIDENCE, AND WE WERE INFORMED THAT THE SEARCH WARRANT HAD BEEN SIGNED AND WAS BEING PHYSICALLY BROUGHT TO OUR LOCATION BY ONE OF THE DETECTIVES THAT OBTAINED IT.
Q: ONCE YOU GOT THE SEARCH WARRANT, WHAT DID YOU DO?
A: SERVED IT ON MR. WESTERFIELD AND LET HIM READ IT AND COMMENCED OUR SEARCH OF HIS HOUSE.
Q: WHAT DO YOU MEAN BY SERVED IT ON HIM?
A: IT WAS PRESENTED TO HIM, THE WRITTEN DOCUMENT THAT TOLD WHAT WE WERE GOING TO DO, WHAT WE WERE GOING TO SEARCH FOR. AND HE WAS ALLOWED TO READ IT.
Q: ALL RIGHT.
DO YOU RECALL THE ADDRESS THAT YOU WENT TO FOR THAT SEARCH WARRANT?
A: 11995 MOUNTAIN PASS ROAD.
Q: ABOUT WHAT TIME OF NIGHT?
A: WE ARRIVED THERE APPROXIMATELY 2:30 IN THE MORNING. AND THE SEARCH WARRANT WAS SERVED AT I BELIEVE ACTUALLY WE GOT THERE ABOUT 2:15 BECAUSE THE SEARCH WARRANT WAS SERVED AT 0228 IN THE MORNING.
Q: MAKE SURE WE ARE TALKING ABOUT THE SAME PLACE. LET ME DIRECT YOUR ATTENTION TO COURT’S EXHIBIT 28, THIS PHOTO DISPLAY BOARD LABELED “WESTERFIELD RESIDENCE, EXTERIOR.” DO YOU RECOGNIZE WHAT WE HAVE DEPICTED THERE?
A: YES, I DO. THERE ARE FOUR VIEWS OF THE WESTERFIELD HOME AT 11995 MOUNTAIN PASS ROAD FROM THE NORTH. PHOTO NUMBER A WOULD BE A VIEW FROM THE NORTH. PHOTO B WOULD BE A VIEW FROM THE EAST. PHOTO C WOULD BE A VIEW FROM THE SOUTH. AND PHOTO D IS ACTUALLY A VIEW FROM THE SOUTH OF THE HOUSE LOOKING SOUTH TO THE NEIGHBORING RESIDENCE TO THE SOUTH.
Q: C AND D BASICALLY SHOW HIS BACKYARD?
A: YES.
Q: ONCE YOU WERE INTO THE HOUSE WITH THE SEARCH WARRANT, WAS THERE A PLAN OF ACTION FOR YOU TO DO YOUR WORK?
A: YES.
Q: EXPLAIN THAT TO US.
A: THE WAY WE CONDUCT OUR SEARCHES IN MOST INSTANCES AND IN THIS INSTANCE IS THAT MYSELF AND THE FORENSIC SPECIALIST KAREN LEALCALA WILL WALK THROUGH THE HOUSE BEGINNING AT THE FRONT DOOR, PROCEEDING ROOM BY ROOM AND TAKING — KAREN WILL TAKE PHOTOGRAPHS AS WE PROCEED THROUGH THE SCENE, DOCUMENTING WHAT WE’RE SEEING AS WE SEE IT BEFORE ANY ALTERATIONS OCCUR THAT WE MAY CAUSE OURSELVES WHILE WE’RE PROCESSING THE SCENE LATER ON.
AS WE ARE WALKING THROUGH THE SCENE AND PHOTOGRAPHING IT, WE’RE LOOKING FOR ITEMS THAT MAY BE POTENTIAL EVIDENCE. AND WE’RE LOOKING FOR PLACES THAT WE WILL COME BACK TO LATER AND SEARCH FURTHER.
Q: IS THERE A TIME WHEN THE EVIDENCE IS GATHERED?
A: YES.
Q: WHEN IS THAT IN THE PROCESS YOU JUST DESCRIBED?
A: IT’S ACTUALLY AT THE VERY END. ONCE WE FIND IT, WE PHOTOGRAPH IT, WE MARK IT, REPHOTOGRAPH IT WITH THE MARKINGS TO IDENTIFY IT AS AN ITEM OF EVIDENCE. WE WILL GO THROUGH THE WHOLE HOUSE SECURING OR MARKING THE EVIDENCE IN THAT MANNER.
AND THEN WE WILL COME BACK AND COLLECT IT. ACTUALLY KAREN DOES THE COLLECTING. I WILL IN MOST CASES TAKE MEASUREMENTS OF THAT EVIDENCE TO LOCATE IT IN THE SCENE FROM FIXED POINTS THAT ARE NOT LIKELY TO CHANGE. AND THEN IT’S COLLECTED AND PROPERLY BAGGED AND SUBSEQUENTLY TRANSPORTED TO THE POLICE STATION TO BE INTRODUCED TO THE LAB. OR THE PROPERTY ROOM.
Q: DID YOU MAKE ANY DRAWINGS OR DIAGRAMS OF THE WESTERFIELD RESIDENCE?
A: YES, I DID.
Q: WHAT DID YOU DO?
A: I DRAW — I DREW EACH ROOM IN A ROUGH SKETCH FORM. I MEASURED EACH ROOM FOR THE DIMENSIONS. AND USING THE ROUGH SKETCHES — AND I MARKED THE FURNITURE, THE CONTENTS OF THE ROOM, AND THE LOCATION OF VARIOUS ITEMS OF EVIDENCE THAT WE ARE GOING TO COLLECT. AND USING THAT ROUGH SKETCH, I COME BACK TO THE POLICE STATION AND WITHIN ONE OR TWO DAYS PREPARE A DIAGRAM OF WHAT WE HAVE SEEN, WHETHER IT’S INDOORS, OUTDOORS.
Q: LET ME SHOW YOU WHAT’S BEEN PREVIOUSLY MARKED AS COURT’S EXHIBIT 43. LOOKS LIKE A FLOOR PLAN LABELED AT THE TOP “WESTERFIELD RESIDENCE, DOWNSTAIRS.” DO YOU RECOGNIZE THAT?
A: YES, I DO.
Q: IN FACT, DO YOU HAVE YOUR NAME ON IT?
A: YES, IT DOES.
Q: WHO DID THAT?
A: THAT ACTUAL DIAGRAM WAS PREPARED BY OUR CRIME ANALYSIS UNIT BASED ON A DRAWING THAT I PROVIDED THEM WHICH WAS BASICALLY COPIED ON A COMPUTER.
Q: WHAT DOES IT SHOW, COURT’S EXHIBIT 43 IT LOOKS LIKE?
A: IT SHOWS THE GROUND FLOOR OF THE WESTERFIELD HOME. THE GARAGE, WHICH IS ATTACHED, THE FRONT PORCH, THE LIVING ROOM, FAMILY ROOM, DINING ROOM, KITCHEN, DOWNSTAIRS BATHROOM, LAUNDRY ROOM.
Q: AND THERE APPEARS TO BE FURNITURE IN SOME OF THOSE ROOMS. IS THAT CORRECT?
A: THAT’S CORRECT.
Q: AT LEAST THE DRAWINGS OF THE FURNITURE, WHAT ARE THEY SUPPOSED TO REPRESENT?
A: THEY — MOST OF THEM ARE LABELED, BUT THEY REPRESENT THE FURNITURE THAT I SAW WHEN WE ENTERED THE HOUSE ON THE MORNING THAT WE CONDUCTED A SEARCH. SUCH AS IN THE LIVING ROOM THERE IS IN A CLOCKWISE MANNER FROM THE FRONT DOOR, THERE’S AN ENTRYWAY AND THEN THERE’S A TABLE WITH LAMP ON IT, A SOFA, ANOTHER TABLE WITH A LAMP ON IT, A CHAIR WITH A HASSOCK IN FRONT OF IT. IN FRONT OF THE SOFA THERE’S A COFFEE TABLE. ON THE WALL OPPOSITE THE SOFA THERE WAS A DISPLAY CABINET. ON THE WALL TO THE NORTH OF THE LIVING ROOM THERE WAS A — JUST A GLASS TABLE THAT HAD A DISPLAY ON IT.
Q: DID YOU WORK YOUR WAY INTO THE KITCHEN AREA AND DINING ROOM?
A: YES.
Q: WERE PHOTOGRAPHS TAKEN IN THERE?
A: YES.
Q: IS THERE ITEMS OF EVIDENCE THAT WERE MARKED BY EITHER YOU OR KAREN LEALCALA?
A: YES.
Q: LET ME SHOW YOU WHAT’S BEEN PREVIOUSLY MARKED AS COURT’S EXHIBIT 29. DO YOU RECOGNIZE WHAT WE HAVE DEPICTED THERE, DETECTIVE?
A: YES, I DO.
Q: THE TOP TWO PHOTOGRAPHS, A AND B, WHAT DO THEY SHOW US?
A: THE PHOTOGRAPH A SHOWS A VIEW FROM THE ROOM THAT I REFERRED TO AS THE FAMILY ROOM, LOOKING INTO THE DINING ROOM.
PHOTOGRAPH B SHOWS A VIEW FROM THE FAMILY ROOM LOOKING THROUGH THE DINING ROOM AND INTO THE KITCHEN.
Q: AND THEN WE MOVE DOWN TO PHOTOGRAPHS C, D, AND E. WHAT GENERAL ROOMS DO THEY SHOW?
A: THEY ARE MEANT TO DEPICT THE KITCHEN ITSELF.
Q: THERE APPEAR TO BE YELLOW PLACARDS WITH NUMBERS IN EACH OF THOSE PHOTOGRAPHS. WHAT ARE THEY SUPPOSED TO DEPICT?
A: THE YELLOW PLACARDS ARE PLACED ON ITEMS OF EVIDENCE THAT WE HAD DECIDED WE WOULD COLLECT AS POTENTIAL EVIDENCE IN THIS CASE.
Q: THE NUMBER, DOES THAT CORRESPOND TO THE SAN DIEGO POLICE EVIDENCE NUMBER OF THE ITEM THAT WAS IMPOUNDED?
A: YES, IT DOES.
Q: IN PHOTOGRAPH F IT LOOKS LIKE THERE’S A NUMBER 1. WHAT ARE YOU SHOWING US THERE?
A: THOSE ARE GAS STATION RECEIPTS FROM THE CHEVRON OR FROM A CHEVRON GAS STATION WHICH WERE ON THE KITCHEN COUNTER.
Q: IS THAT THE WAY THEY WERE WHEN YOU ENTERED THE SCENE?
A: I BELIEVE SO, YES.
Q: WERE THEY IMPOUNDED?
A: YES, THEY WERE.
Q: LET ME SHOW YOU WHAT’S PREVIOUSLY BEEN MARKED AS COURT’S EXHIBIT 83, THIS ENVELOPE CONTAINING SOME DOCUMENTS, AND ASK YOU TO LOOK AT THAT, IF YOU WILL, PLEASE. DO YOU RECOGNIZE THOSE?
A: YES. THEY APPEAR TO BE THE SAME GAS STATION RECEIPTS DATED FEBRUARY 2ND, FEBRUARY 3RD, AND — YEAH. FEBRUARY 2ND AND FEBRUARY 3RD ON ALL OF THEM.
Q: DID YOU ACTUALLY IMPOUND THEM OR DID SOMEBODY ELSE?
A: KAREN LEALCALA PHYSICALLY TOOK CUSTODY OF THEM AND IMPOUNDED THEM, PLACED THEM IN THIS ENVELOPE AND IMPOUNDED THEM.
Q: AND JUST SO WE’RE CLEAR, WERE THERE ALSO PICTURES TAKEN OF THE KITCHEN AREA BEFORE THOSE NUMBERS WERE PLACED BY THE EVIDENCE ITEMS?
A: YES.
Q: HOW MANY PHOTOGRAPHS WERE TAKEN, CAN YOU ESTIMATE?
A: IN THIS CASE I BELIEVE KAREN’S PHOTO LIST IS SOMEWHERE UP AROUND A THOUSAND PHOTOS OR SOMETHING NOW.
Q: ALL THE PHOTOGRAPHS ARE PROVIDED TO BOTH SIDES?
A: YES, SIR.
MR. FELDMAN: OBJECTION, YOUR HONOR. IT’S ARGUMENTATIVE AND IT’S NOT RELEVANT.
THE COURT: OVERRULED.
MR. FELDMAN: ALSO IT ASSUMES FACTS NOT IN EVIDENCE.
THE COURT: OVERRULED.
NEXT QUESTION.
BY MR. DUSEK:
Q: LET ME DIRECT YOUR ATTENTION TO PHOTOGRAPH G ON EXHIBIT 23. DO YOU RECOGNIZE WHAT WE HAVE DEPICTED THERE?
A: YES, I DO.
Q: WHAT IS THAT?
A: IT’S A HANDWRITTEN NOTE BEARING THE NAME DAN CONKLIN. THAT WAS THE EVIDENCE ITEM NUMBER 2 AS SHOWN ON THE KITCHEN COUNTER.
Q: AND TO GET ITS RELATIONSHIP IN THE KITCHEN, CAN WE SEE IT IN PHOTOGRAPH D?
A: YES.
Q: THERE BY THE NUMBER 2?
A: YES.
Q: LET ME SHOW YOU WHAT’S BEEN PREVIOUSLY MARKED AS COURT’S EXHIBIT 67, THIS BROWN PAPER BAG CONTAINING A NOTE. DO YOU RECOGNIZE THAT?
A: YES, I DO. THAT’S THE SAME NOTE.
(BROWN PAPER BAG AND CONTENTS [NOTE] MARKED TRIAL
EXHIBIT NUMBER 67 FOR IDENTIFICATION.)
BY MR. DUSEK:
Q: AND WHAT IS IT?
A: IT’S A NOTE WITH THE NAME DAN CONKLIN AND AN ADDRESS IN GLAMIS.
Q: PUT IT BACK TOGETHER, THEN, FOR ME, SIR.
A: (THE WITNESS COMPLIED.)
Q: PHOTOGRAPH H ON DIAGRAM 27, WHAT DOES THAT SHOW?
A: THEY WERE VARIOUS ITEMS OF MAIL THAT WERE LAYING ON THE COUNTER WHICH WERE COLLECTED TO SHOW DOMINION AND CONTROL OF THE PROPERTY, WHO ACTUALLY RECEIVED MAIL THERE TO GIVE AN INDICATION OF WHO WAS THE OWNER/OCCUPANT.
Q: DOMINION AND CONTROL, IS THAT A PHRASE YOU USE IN POLICE WORK?
A: YES.
Q: TO SHOW WHAT?
A: AGAIN TO SHOW WHO IS EITHER — WHO OWNS THE PROPERTY LIVES IN IT, WHO IS IN CONTROL OF THE PROPERTY.
Q: DO YOU RECALL WHAT TYPE OF ITEMS THEY WERE?
A: SPECIFICALLY, NO, I DON’T. ITEMS OF MAIL WITH THE NAME AND ADDRESS. PRIMARILY.
Q: LET ME DIRECT YOUR ATTENTION TO PHOTOGRAPH I ON EXHIBIT 29. WHAT DOES THAT SHOW?
A: THAT IS A YELLOW POST-IT NOTE ON WHICH IS A LIST OF ITEMS, LIKE A SHOPPING LIST.
Q: THAT’S YELLOW?
A: I’M SORRY. IT WAS PURPLE OR LAVENDER COLOR.
Q: IT WAS A SHOPPING LIST, IS THAT RIGHT?
A: THAT WAS MY IMPRESSION. IT WAS A LIST OF LOOKED LIKE A SHOPPING LIST.
Q: WHAT’S AT THE TOP OF THE LIST? IT LOOKS LIKE IT’S COVERED BY THE CHAIN.
A: BLEACH.
Q: WAS THAT IMPOUNDED?
A: THE LIST WAS, YES.
MR. DUSEK: I’VE HAD MARKED AS COURT’S EXHIBIT 101 THIS BROWN PAPER BAG STILL SEALED.
(BROWN PAPER BAG AND CONTENTS [PURPLE POST-IT NOTE]
MARKED TRIAL EXHIBIT NUMBER 101 FOR IDENTIFICATION.)
BY MR. DUSEK:
Q: CAN YOU OPEN THIS FOR US, DETECTIVE TOMSOVIC.
A: DO WE HAVE A PAIR OF SCISSORS UP HERE?
MR. DUSEK: DO YOU HAVE A KNIFE?
THE WITNESS: I MAY BE ABLE TO GET IT HERE.
THIS IS A PURPLE POST-IT NOTE BEGINNING WITH BLEACH AMONG OTHER THINGS.
BY MR. DUSEK:
Q: WHAT ARE THE OTHER ITEMS LISTED ON HIS SHOPPING LIST?
A: BLEACH, MOUNTAIN DEW, I BELIEVE IT’S SUPPOSED TO BE PEPSI, IT’S P-E-S-I, RUM, DRYER SHEETS, EGGS, MOUTHWASH.
Q: THANK YOU, SIR. IF YOU WOULD PUT THAT BACK IN THE BAG.
A: (THE WITNESS COMPLIED.)
Q: LET ME DIRECT YOUR ATTENTION TO PHOTOGRAPH J ON EXHIBIT 29. WHAT DOES THAT SHOW US?
A: IT WAS A PAGE OF A — SOME KIND OF A PUBLICATION, SHOWING AN ADVERTISEMENT FOR LINENS AND THINGS.
Q: IS THAT IMPOUNDED?
A: YES, IT WAS.
Q: WHY?
A: COULD HAVE POSSIBLY BEEN RELEVANT TO THE CASE. IT WAS BROUGHT TO MY ATTENTION THAT THERE WAS — THE ITEM DEPICTED IN THAT AD OR ONE OF THE ITEMS IS A DRAPE WHICH IS INSTALLED OVER A BED WHICH I WAS TOLD WAS —
MR. BOYCE: OBJECTION. HEARSAY.
THE COURT: SUSTAINED.
YOU NEED NOT ANSWER FURTHER, DETECTIVE.
BY MR. DUSEK:
Q: DID YOU EVER SEE A PICTURE OF DANIELLE’S BED?
A: YES. ACTUALLY I’VE SEEN HER BED. I HAVE BEEN IN THE VAN DAM HOME SOME TIME LATER. AND THE BED WAS JUST AS IT WAS AT THE TIME OF THE DISAPPEARANCE.
Q: DESCRIBE THE BED IN DANIELLE’S ROOM.
A: SINGLE BED WITH A DRAPE OVER IT, LIKE A MOSQUITO NET HANGING FROM THE CEILING. LACE-TYPE NET.
Q: LET ME SHOW YOU WHAT’S BEEN MARKED AS COURT’S EXHIBIT 100, THIS BROWN PAPER BAG CONTAINING SOME PAPERWORK AND ASK YOU TO LOOK AT THAT, IF YOU WOULD, PLEASE.
MR. FELDMAN: YOUR HONOR, I’M SORRY. WE MISSED THE EXHIBIT NUMBER.
THE COURT: 100.
MR. FELDMAN: THANK YOU.
(BROWN PAPER BAG AND CONTENTS [ADVERTISEMENT] MARKED
TRIAL EXHIBIT NUMBER 100 FOR IDENTIFICATION.)
THE WITNESS: THIS IS AN AD FOR LINENS AND THINGS WHICH ONE OF THE ITEMS IS AS DEPICTED THERE, IT WAS FOLDED OPEN TO THIS PARTICULAR ITEM, AND IT’S A — LIKE A MOSQUITO NET TO HANG OVER YOUR BED.
BY MR. DUSEK:
Q: HOW CLOSELY DOES THAT APPROXIMATE THE BED IN DANIELLE VAN DAM’S ROOM?
MR. BOYCE: OBJECTION. IT SPEAKS FOR ITSELF.
MR. FELDMAN: FOUNDATION.
THE COURT: OVERRULED.
MR. FELDMAN: YOUR HONOR, OBJECTION. FOUNDATION.
THE COURT: HE SAID HE’S SEEN THE BED.
YOU MAY ANSWER, DETECTIVE.
THE WITNESS: THE BED PICTURED IN THIS AD APPEARED TO BE A QUEEN-SIZE OR LARGER BED. THE ONE IN DANIELLE’S ROOM WAS A SINGLE-TYPE BED.
BY MR. DUSEK:
Q: WERE THEY BOTH POSTER BEDS IF YOU RECALL?
A: I BELIEVE SO.
Q: PARDON?
A: YES.
Q: DID THEY BOTH HAVE MOSQUITO NETTING?
A: YES.
Q: DID YOU FIND ANY BINOCULARS IN THE HOUSE?
A: IN MR. WESTERFIELD’S HOUSE?
Q: YES.
A: YES, I DID.
Q: WE WILL GET TO THOSE.
MR. FELDMAN: YOUR HONOR, OBJECTION. GRATUITOUS REMARKS.
THE COURT: COUNSEL, LET’S JUST KEEP ASKING QUESTIONS AND NOT TESTIFYING.
BY MR. DUSEK:
Q: LET ME ASK YOU TO LOOK AT EXHIBIT OR PHOTOGRAPH K IN EXHIBIT 29. DO YOU RECOGNIZE THAT?
A: YES, I DO.
Q: WHAT IS THAT?
A: IT’S A NOTE WRITTEN ON A REAL ESTATE PAD, NOTEPAD, WITH THE NAMES DAMON AND BRENDA AND A PHONE NUMBER.
Q: WHERE WAS THAT FOUND IN THE KITCHEN?
A: IT WAS ON THE KITCHEN COUNTER. IT’S DEPICTED IN PHOTOGRAPH NUMBER D AS ITEM NUMBER 21 UP AGAINST THE WALL AT THE END OF THE KITCHEN COUNTER.
Q: WAS THAT NOTEPAD IMPOUNDED?
A: YES, IT WAS.
Q: I’VE HAD MARKED AS COURT’S EXHIBIT 35 THIS BROWN PAPER BAG CONTAINING IT LOOKS LIKE A PEN AND SOME PAPERWORK. DO YOU RECOGNIZE THAT?
A: YES, I DO. THIS IS THE NOTEPAD AS DEPICTED IN THE PHOTOGRAPH AND A PEN THAT WAS ON THE COUNTER ON TOP OF IT.
Q: LET ME DIRECT YOUR ATTENTION NOW TO PHOTOGRAPH D. DO YOU SEE THE NUMBER 22 IN THAT PHOTOGRAPH?
A: YES.
Q: DO YOU RECALL WHAT 22 WAS?
A: EXCUSE ME. NUMBER D.
Q: PHOTOGRAPH D, 22.
A: OH. I’M LOOKING FURTHER ABOVE NUMBER 21. YES, I DO.
Q: DO YOU RECALL WHAT THAT WAS?
A: OFF THE TOP OF MY HEAD, NO, I DON’T.
Q: I’VE HAD MARKED AS COURT’S EXHIBIT 76 A BROWN PAPER BAG WITH THE NUMBER 22 ON IT. CONTAINS A DOCUMENT. LET ME ASK YOU TO LOOK AT THAT, IF YOU WOULD, DETECTIVE.
A: IT’S A RECEIPT WITH THE NAME WESTERFIELD ON IT AND A PHONE NUMBER. A BOX IS MARKED DRYCLEAN AND A LAUNDRY, SO I WOULD ASSUME IT’S A CLEANER’S RECEIPT.
Q: IS THAT IMPOUNDED ALSO?
A: YES, IT WAS.
THE COURT: COUNSEL, THIS IS PROBABLY A BREAK. I HAVE TO SWITCH REPORTERS.
LADIES AND GENTLEMEN, WE ARE GOING TO TAKE A SHORT BREAK BECAUSE WE’VE ALREADY HAD THE LONG BREAK, BUT I DO HAVE TO CHANGE REPORTERS.
PLEASE REMEMBER THE ADMONITION OF THE COURT NOT TO DISCUSS ANY OF THE EVIDENCE OR TESTIMONY AMONG YOURSELVES OR WITH OTHERS NOR FORM OR EXPRESS ANY OPINIONS ON THE MATTER UNTIL THE CASE IS SUBMITTED TO YOU.
PLEASE BE OUTSIDE THE DOOR AT TEN AFTER 3:00. 3:10, PLEASE.
(RECESS, 3:00 O’CLOCK, P.M., TO 3:10 O’CLOCK, P.M.)
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