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

TRIAL DAY 9 – PART 4 – afternoon 2
SAN DIEGO, CALIFORNIA, TUESDAY, JUNE 18, 2002, (afternoon 2)



WITNESS:
Jim Tomsovic (police officer homicide division, served the warrant to Westerfield and searched his house and vehicles Feb 4th around 2:30 in the morning – Exam continued and cross-exam)


1 THE COURT: WELCOME BACK, LADIES AND GENTLEMEN.

2 FOLKS, I MET WITH THE CHIEF ENGINEER JUST BEFORE I

3 WENT ON THE BENCH AT 1:30, AND THIS IS ABOUT AS COLD AS WE ARE

4 GOING TO BE ABLE TO GET IT RIGHT NOW AT THE OUTSIDE TEMPERATURE

5 AS HOT AS IT IS. I’M NOT CASTING ASPERSIONS ON ANYONE, YOU

6 UNDERSTAND, BUT I REALIZE IT’S PRETTY WARM. SO I SUPPOSE THE

7 ANSWER TO THIS IS DRESS WITH THE LAYERED LOOK SO THAT YOU CAN

8 GET AS COOL AS POSSIBLE. BUT I’LL TALK TO THEM AGAIN TOMORROW

9 AND SEE IF WE CAN’T WORK SOMETHING OUT TO GET IT COOLER IN HERE.

10 ALL RIGHT. MR. DUSEK.

11 MR. DUSEK: THANK YOU, YOUR HONOR.

12 Q. DETECTIVE TOMSOVIC, I THINK AT THE BREAK WE HAD

13 JUST FINISHED, AT LEAST FOR MY PURPOSES, THE DOWNSTAIRS AT THE

14 WESTERFIELD RESIDENCE.

15 DID YOU GO UPSTAIRS?

16 A. YES, I DID.

17 Q. DID YOU PREPARE A DIAGRAM FOR THE UPSTAIRS OF THE

18 WESTERFIELD RESIDENCE?

19 A. YES, I DID.

20 Q. NOW, I’VE HAD MARKED AS COURT’S EXHIBIT 44, IT

21 APPEARS TO BE LABELED AT THE TOP “WESTERFIELD RESIDENCE

22 UPSTAIRS.”

23 DO YOU RECOGNIZE THAT, DETECTIVE?

24 A. YES I DO.

25 Q. HOW?

26 A. IT’S BASED ON THE HAND DRAWN DIAGRAM THAT I

27 PREPARED.

28 Q. HOW LONG DID IT TAKE TO DO THAT?
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1 A. I BELIEVE I DID THE DOWNSTAIRS ONE DAY AND THE

2 UPSTAIRS THE FOLLOWING DAY AS FAR AS DRAWING THE DIAGRAM.

3 Q. AND DOES IT DESCRIBE THE VARIOUS ROOMS UPSTAIRS?

4 A. YES.

5 Q. WHAT ROOMS DO WE HAVE GENERALLY UPSTAIRS AT THE

6 DEFENDANT’S RESIDENCE?

7 A. STARTING AT THE NORTH, AT THE TOP OF THE DIAGRAM

8 GOING CLOCKWISE IS A DEN, A BEDROOM, A HALLWAY WHICH LEADS TO

9 THE BOTTOM OF THE DIAGRAM, WHICH WAS A MASTER BATHROOM AND A

10 MASTER BEDROOM, AND PROCEEDING NORTH — OR TOWARDS THE TOP OF

11 THE DIAGRAM, AGAIN THERE WAS AN OFFICE, THE STAIRWELL, A

12 BATHROOM AND BACK TO THE DEN.

13 Q. WERE PHOTOGRAPHS TAKEN OF EACH OF THOSE ROOMS?

14 A. YES.

15 Q. REGARDING THE BEDROOM ON THE UPPER RIGHT HAND

16 CORNER OF THE DIAGRAM, 44, CAN YOU BASICALLY DESCRIBE THAT ROOM

17 FOR US?

18 A. IT WAS — IT APPEARED IT WAS NOT THE MASTER

19 BEDROOM. IT WAS FAIRLY MESSY. THERE WAS A FUTON TYPE BED WHICH

20 WAS — I BELIEVE IT WAS OPEN IN THE BED CONFIGURATION AS OPPOSED

21 TO THE COUCH, AS I RECALL. THERE WAS A CLOSET, A DRESSER, A

22 DESK IN THE CORNER WITH A COMPUTER ON THAT DESK — OR THE

23 MONITOR WAS ON TOP, THE COMPUTER ITSELF WAS DOWN BELOW ON THE

24 FLOOR AND A TABLE LAMP ON A TABLE.

25 Q. DO YOU KNOW IF THE DEFENDANT USED THAT ROOM FOR

26 ANYONE OR ANY PERSON?

27 A. I WAS TOLD THAT THAT WAS THE DEFENDANT’S SON’S

28 BEDROOM —
5380
1 Q. DO YOU KNOW HIS NAME?

2 A. — WHEN HE VISITED. NEAL, NEAL WESTERFIELD.

3 (MARKED FOR ID: = TRIAL EX. 93, PHOTOBOARD/NEAL’S BEDROOM)

4 Q. I’VE HAD MARKED BUT NO BIG NUMBER ON COURT’S

5 EXHIBIT 93 A PHOTO DISPLAY BOARD LABELED AT THE TOP “WESTERFIELD

6 RESIDENCE, NEAL’S BEDROOM.”

7 DO YOU RECOGNIZE WHAT WE HAVE DEPICTED IN THIS

8 PHOTOBOARD, SIR?

9 A. YES, I DO.

10 Q. AT THE TOP WHAT DOES THAT SHOW US, PHOTOGRAPH “A”?

11 A. THAT IS THE DOOR OF THE BEDROOM FROM THE HALLWAY

12 LOOKING INTO THE BEDROOM.

13 Q. AND PHOTOGRAPHS “B”, “C”, “D” AND “E”, DO THEY SHOW

14 THE VARIOUS ANGLES AND PIECES OF FURNITURE IN THAT BEDROOM?

15 A. FROM THAT WOULD BE LIKE STANDING IN THE MIDDLE OF

16 THE BEDROOM LOOKING TOWARDS THE DOOR IN PHOTO “B”, LOOKING

17 TOWARDS THE COMPUTER IN THE CORNER ON PHOTO “C”, LOOKING TOWARDS

18 THE FUTON TYPE BED IN PHOTO “D” AND LOOKING TOWARDS THE CLOSET

19 IN PHOTO “E”.

20 Q. WERE THESE PHOTOGRAPHS TAKEN BEFORE ANY EVIDENCE

21 PLACARDS WERE PLACED IN THERE?

22 A. YES, THEY WERE.

23 Q. AND SO WE KNOW WHICH ONE WE’RE TALKING ABOUT, LET

24 ME GO BACK TO THE FLOOR PLAN, EXHIBIT 44. COULD YOU STEP TO THE

25 BOARD AND WRITE NEAL IN THE ROOM THAT DEPICTS THE ROOM THAT’S IN

26 EXHIBIT 93?

27 A. (WITNESS COMPLYING.)

28 Q. YOU’VE DONE THAT, SIR. THANK YOU.
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1 ON YOUR FLOOR PLAN, COURT’S EXHIBIT 44 APPEARS TO

2 BE A ROOM LABELED A DEN AT THE TOP. DO YOU SEE THAT?

3 A. YES, SIR.

4 Q. WERE PHOTOGRAPHS TAKEN OF THAT ROOM ALSO?

5 A. YES, THEY WERE.

6 (MARKED FOR ID: = TRIAL EX. 92- PHOTOBOARD/DEN)

7 Q. I’VE HAD MARKED AS COURT’S EXHIBIT 92 A PHOTO

8 DISPLAY BOARD LABELED AT THE TOP “WESTERFIELD RESIDENCE DEN.”

9 Q. DO YOU RECOGNIZE WHAT WE HAVE DEPICTED HERE,

10 DETECTIVE?

11 A. YES, I DO.

12 Q. WHAT IS IT, PLEASE?

13 A. THOSE ARE THREE VIEWS FROM WITHIN THE DEN, LOOKING

14 IN PHOTO “A” TOWARDS THE DOOR ENTRY AND THE CLOSET WHICH HAD A

15 MIRRORED GLASS DOOR ON IT, PHOTO “B” IS LOOKING TOWARDS THE —

16 WOULD BE THE NORTHWEST CORNER OF THE ROOM, THE WINDOW IN THAT

17 PHOTO LOOKS OUT OVER THE STREET, AND PHOTO “C” IS LOOKING

18 TOWARDS THE SOUTHWEST CORNER OF THE ROOM IN WHICH THERE WAS A

19 DESK WITH COMPUTER.

20 Q. DOES THAT ACCURATELY SHOW THE CONDITION OF THE DEN

21 WHEN YOU ENTERED THAT EVENING?

22 A. WHEN WE ARRIVED, YES.

23 Q. AND THE ROOM DEPICTED IN 92, IS THAT THE SAME ROOM

24 THAT’S LABELED “DEN” IN EXHIBIT 94?

25 A. YES, IT IS.

26 Q. WAS THERE A ROOM THAT APPEARED TO BE AN OFFICE?

27 A. YES. IN THE EXHIBIT NO. 44 IT’S LABELED AS

28 “OFFICE.” IT WAS PROBABLY ORIGINALLY A BEDROOM.
5382
1 Q. WERE PHOTOGRAPHS TAKEN OF THAT ROOM ALSO?

2 A. YES.

3 (MARKED FOR ID: = TRIAL EX. 102, PHOTOBOARD/10

4 PHOTOS OF WESTERFIELD OFFICE.)

5 MR. DUSEK: I’VE HAD MARKED AS COURT’S EXHIBIT 102, YOUR

6 HONOR, ANOTHER PHOTO DISPLAY BOARD LABELED AT THE TOP

7 “WESTERFIELD RESIDENCE OFFICE.”

8 Q. DO YOU RECOGNIZE WHAT WE HAVE DEPICTED HERE,

9 DETECTIVE TOMSOVIC?

10 A. YES, I DO. THOSE PHOTOS “A” THROUGH “J” DEPICT THE

11 ROOM LABELED “OFFICE” ON THE PREVIOUS DIAGRAM, VARIOUS VIEWS.

12 Q. PHOTOGRAPH “A”, WHAT EQUIPMENT ARE WE SEEING IN

13 THERE?

14 A. THERE WERE TWO DESK TOP COMPUTERS AT THE SOUTH WALL

15 OF THE ROOM.

16 Q. PHOTOGRAPH “B” SHOWS US WHAT?

17 A. PHOTOGRAPH “B” IS A FAX MACHINE WHICH — AND A COPY

18 MACHINE, I BELIEVE, WHICH WAS ON THE WEST WALL OF THE ROOM

19 BEHIND THE DESK.

20 Q. PHOTOGRAPHS “C”, “D” AND “E”, DO THEY APPEAR TO

21 SHOW A PANORAMIC VIEW ACROSS ONE WALL?

22 A. YES. THAT WOULD BE THE NORTH WALL OF THAT

23 PARTICULAR ROOM. IT WAS A BOOKCASE FILLED WITH COMPACT DISKS

24 AND BINDERS, BOOKS.

25 Q. WHAT TYPE OF BOOKS?

26 A. TO ME IT APPEARED TO BE MOSTLY COMPUTER RELATED

27 TYPE MATERIALS.

28 Q. THERE APPEAR TO BE SOME INITIALS ON THE WALL IN
5383
1 PHOTOGRAPH “D”. DO YOU SEE THOSE?

2 A. YES. THE LETTERS “D” AND “W”.

3 Q. WERE THEY THERE THAT EVENING?

4 A. YES.

5 Q. PHOTOGRAPH “F”, WHAT IS THAT SHOWING US?

6 A. PHOTOGRAPH “F” SHOWS US THE BOOKCASE WITH A

7 EVIDENCE PLACARD NO. 12 ON THE TOP SHELF.

8 Q. DOES PHOTOGRAPH “F” APPEAR TO DUPLICATE ONE OF THE

9 OTHER PHOTOGRAPHS IN THAT ROW WITH THE NO. 12 ADDED?

10 A. PHOTOGRAPH “D” AND PHOTOGRAPH “F” WOULD BE

11 BASICALLY THE SAME PHOTOGRAPH. IN PHOTOGRAPH “F” IT APPEARS TO

12 BE ALTERED IN THAT SOME THINGS WERE MOVED.

13 Q. PHOTOGRAPHS “G” AND “H” SHOW US WHAT TYPE OF

14 EQUIPMENT?

15 A. COMPUTER TERMINALS.

16 Q. AND PHOTOGRAPHS “I” AND “J”, WHAT DO THEY SHOW?

17 A. THEY WERE THE CONTENTS OF AN ENVELOPE WHICH WAS

18 EVIDENCE ITEM NO. 12 AS DEPICTED WHERE IT WAS FOUND IN

19 PHOTOGRAPH “F”, THAT WHEN THE ENVELOPE WAS OPENED THOSE WERE THE

20 CONTENTS.

21 Q. WERE YOU THE INDIVIDUAL THAT SEARCHED THAT ROOM,

22 DETECTIVE?

23 A. NO, I WAS NOT.

24 Q. DO YOU KNOW WHO IT WAS?

25 A. I BELIEVE THE TWO AGENTS FROM THE REGIONAL COMPUTER

26 FORENSIC LAB, JAMES WATKINS AND JAMES YOUNGFLESH WERE SEARCHING

27 THAT ROOM IN PARTICULAR.

28 Q. IS THAT BECAUSE OF THE COMPUTER EQUIPMENT?
5384
1 A. YES. IT’S SOMETHING THEY WOULD UNDERSTAND, WHICH

2 WOULD BE MEANINGLESS TO ME.

3 Q. HOW MUCH DO YOU KNOW ABOUT COMPUTERS?

4 A. VERY LITTLE. I CAN LOG ON AND LOG OFF AND THAT’S

5 PRETTY MUCH IT.

6 Q. YOU WERE NOT RESPONSIBLE AT ALL FOR SEARCHING THAT

7 ROOM?

8 A. NO.

9 Q. THE ROOM DEPICTED IN PHOTOGRAPH COURT’S EXHIBIT 102

10 LABELED “WESTERFIELD RESIDENCE OFFICE,” IS THAT DEPICTED

11 SOMEWHERE IN THE DIAGRAM COURT’S EXHIBIT 44?

12 A. YES. ABOUT MIDPOINT IN THE DIAGRAM THE ROOM

13 LABELED “OFFICE” WITH THE DESK AND A CLOSET AND VARIOUS PIECES

14 OF MACHINERY.

15 Q. DID YOU GO INTO THE MASTER BEDROOM?

16 A. YES.

17 Q. WHERE WAS IT?

18 A. IT WOULD BE — IT WAS LOCATED AT THE SOUTHERN END

19 OF THE UPSTAIRS THAT OCCUPIED THE WHOLE SOUTHERN END OF THE

20 UPSTAIRS WITH AN INCLUDED AND ATTACHED MASTER BATHROOM.

21 Q. DESCRIBE THE CONDITION OF THE MASTER BEDROOM.

22 A. BASICALLY VERY NEAT. THE BED WAS UNMADE. THERE

23 WERE SOME NEW PACKAGE OF SHEETS AND A COMFORTER ON TOP OF THE

24 BED. THE BED WAS COVERED WITH A TOP SHEET AND A FITTED BOTTOM

25 SHEET. THERE WERE TWO PILLOWS ON THE BED WHICH HAD PILLOWCASES

26 ON THEM. AND I BELIEVE THERE WERE — THERE WERE TWO PILLOWS ON

27 THE FLOOR NEXT TO THE BED WHICH DID NOT HAVE PILLOWCASES ON

28 THEM. THERE WAS — THE ONLY THING THAT — OTHER THAN THAT WAS
5385
1 OUT OF PLACE IN THAT ROOM, THERE WAS A LAUNDRY BASKET ON THE

2 FLOOR, AND EVERYTHING ELSE WAS VERY NEAT.

3 Q. WERE PHOTOGRAPHS TAKEN OF THAT ROOM?

4 A. YES.

5 Q. LET ME SHOW YOU WHAT WE’VE HAD PREVIOUSLY MARKED AS

6 COURT’S EXHIBIT 46, LABELED AT THE TOP “WESTERFIELD RESIDENCE

7 MASTER BEDROOM.”

8 DO YOU RECOGNIZE WHAT WE HAVE DEPICTED THERE?

9 A. YES, I DO.

10 Q. DOES PHOTOGRAPH “A” SHOW THE DOOR ENTERING THE

11 BEDROOM?

12 A. FROM THE HALLWAY LOOKING INTO THE BEDROOM IN A

13 GENERALLY SOUTHERLY DIRECTION.

14 Q. “B”, “C” AND “D”, THEY GENERALLY SHOW A PANORAMIC

15 VIEW OF THE BEDROOM STARTING WITH THE FOOT OF THE BED?

16 A. YES, DEPICTING THE FURNITURE AS IT WAS PLACED

17 WITHIN THE ROOM WHEN WE ENTERED IT. THAT WAS THE CONDITION OF

18 THE ROOM WHEN WE FIRST ENTERED IT.

19 Q. WHAT’S THAT THING ON TOP OF THE BED?

20 A. THE LARGE BLUE BUNDLE IS — I BELIEVE IT’S A

21 COMFORTER, AND THEN THERE’S A SET OF PACKAGED SHEETS WHICH ARE

22 BARELY VISIBLE IN PHOTOGRAPH NO. “C” BEHIND THE COMFORTER.

23 Q. THE SHEETS ARE STILL IN THE WRAPPING?

24 A. YES.

25 Q. HOW ABOUT THE COMFORTER, IS THAT WRAPPED IN ANY

26 SORT OF WAY?

27 A. I DON’T RECALL. I DON’T BELIEVE IT WAS.

28 Q. THE ROOM WAS IN THAT CONDITION WHEN YOU GUYS SHOWED
5386
1 UP WITH THE SEARCH WARRANT?

2 A. YES, IT WAS.

3 Q. AND THE PILLOWS OFF TO THE RIGHT-HAND SIDE IN

4 PHOTOGRAPH “D”, WERE THEY THERE WHEN YOU ARRIVED?

5 A. YES. ACTUALLY, THERE’S PILLOWS ON THE RIGHT HAND

6 SIDE AND THERE’S TWO OTHER PILLOWS ON THE FLOOR ON THE LEFT-HAND

7 SIDE I BELIEVE.

8 Q. THERE ARE PILLOWCASES ON THE FLOOR — THE BED —

9 A. NO.

10 Q. WHERE WERE THEY, THE PILLOWCASES?

11 A. I HAVE NO IDEA. THEY WERE NOT IN THE ROOM IN PLAIN

12 SIGHT.

13 Q. DID YOU THEN FIND A CLOSET AREA?

14 A. YES.

15 Q. AND IS THAT AREA DEPICTED IN PHOTOGRAPHS “F”, “G”

16 AND “H”?

17 A. YES. A LARGE WALK-IN CLOSET WITH ACTUALLY A

18 SMALLER CLOSET ATTACHED TO IT AND RUNNING OFF ONE END.

19 Q. IS THAT THE CONDITION OF THE CLOSET WHEN YOU

20 ENTERED IT?

21 A. YES, IT IS.

22 Q. DESCRIBE ITS OVERALL CONDITION, THAT OF THAT PART

23 AND THE REST WE CAN’T SEE.

24 A. WELL, IT WAS VERY NEAT AND ORDERLY. EVERYTHING WAS

25 ON RACKS, ON HANGERS, WELL FURNISHED CLOSET, A LOT OF CLOTHES,

26 STORED ITEMS.

27 Q. I DON’T THINK I ASKED YOU ABOUT PHOTOGRAPH “E” ON

28 EXHIBIT 46. WHAT DOES THAT SHOW?
5387
1 A. “E” SHOWS A VIEW FROM THE — IT WOULD BE THE

2 NORTHWEST CORNER OF THE BEDROOM LOOKING IN A SOUTHEASTERLY

3 DIRECTION ACROSS THE BED TOWARDS THE DRESSER ON THE WALL AND

4 INTO THE MASTER BATHROOM.

5 Q. WERE PHOTOGRAPHS TAKEN OF THE MASTER BATH?

6 A. YES.

7 Q. LET ME SHOW YOU WHAT’S BEEN PREVIOUSLY MARKED AS

8 COURT’S EXHIBIT 91. IT’S A PHOTO DISPLAY BOARD LABELED AT THE

9 TOP “WESTERFIELD RESIDENCE MASTER BATH.”

10 DO YOU RECOGNIZE WHAT WE HAVE DEPICTED HERE?

11 A. YES, I DO.

12 Q. WHAT IS IT?

13 A. IT’S — THE THREE PHOTOGRAPHS “A”, “B” AND “C”

14 DEPICT THE INTERIOR OF THE BATHROOM. PHOTOGRAPH “A” SHOWING THE

15 LARGE SHOWER AND BATHTUB, PHOTOGRAPH “B” SHOWING A WINDOW AT THE

16 SOUTH END OF THE BATHTUB OVERLOOKING THE BACKYARD, AND “C” IS A

17 CLOSE-UP VIEW OF THAT SAME WINDOW SHOWING A WINDOW SCREEN WHICH

18 IS PUSHED OUTWARD AWAY FROM THE WINDOW.

19 Q. IS THAT THE CONDITION WHEN YOU WERE THERE THAT —

20 LOOKS LIKE DAYTIME?

21 A. YES.

22 Q. WHY DID YOU TAKE A PICTURE OF THAT?

23 A. BECAUSE THE — FROM THAT PARTICULAR BATHROOM WINDOW

24 A PARTIAL VIEW OF THE VAN DAM YARD — BACKYARD COULD BE SEEN.

25 Q. HOW DO YOU KNOW?

26 A. BECAUSE I LOOKED.

27 Q. HOW?

28 A. ACTUALLY BY PRESSING AGAINST THAT WINDOW AND
5388
1 DISLODGING THE SCREEN A LITTLE BIT TO WIDEN THE VIEW TOWARDS THE

2 SOUTH AND EAST I COULD SEE THE — A PORTION OF THE BACKYARD

3 WHICH CONTAINED THE VAN DAM’S CHILDREN’S PLAY — PLAYGROUND

4 EQUIPMENT.

5 Q. AS YOU’RE LOOKING AT PHOTOGRAPH “C”, WHICH

6 DIRECTION WOULD BE THE VAN DAM’S YARD?

7 A. IT WOULD BE TOWARDS THE — AS YOU’RE LOOKING AT THE

8 PHOTOGRAPH, IT WOULD BE TOWARDS THE LEFT OF THE PHOTOGRAPH

9 BEHIND WHAT, THE PALM TREES THAT ARE CURRENTLY IN THE VIEW.

10 Q. LET ME SHOW YOU WHAT WE’VE HAD PREVIOUSLY MARKED AS

11 COURT’S EXHIBIT 60. THIS PHOTO DISPLAY BOARD LABELED AT THE TOP

12 “HOEFFS’ RESIDENCE.”

13 DO YOU RECOGNIZE WHAT WE HAVE DEPICTED HERE IN

14 PHOTOGRAPHS “A” AND “B”?

15 A. LOOKS LIKE THE BACK OF THE WESTERFIELD HOUSE FROM

16 THE HILL ABOVE IT TO THE SOUTH.

17 Q. DO YOU SEE THE WINDOW IN THE REAR OF THE

18 WESTERFIELD RESIDENCE IN EITHER “A” OR “B” THAT’S THE SAME

19 WINDOW EXHIBITED IN COURT’S EXHIBIT 91 PHOTOGRAPH “C”?

20 A. YES.

21 Q. WHICH ONE?

22 A. THAT WOULD BE THIS SMALL WINDOW BELOW THE —

23 GENERALLY BELOW THE CHIMNEY ON THE ROOF.

24 Q. DO YOU HAVE A FELT PEN THERE, SIR? COULD YOU

25 CIRCLE THAT WINDOW IN BOTH PHOTOGRAPH “A” AND “B” ON 60?

26 A. (WITNESS COMPLYING.)

27 Q. GET ANOTHER ONE?

28 A. I GOT IT.
5389
1 Q. AND AS WE’RE LOOKING AT THE EXHIBIT 60, THE HOEFFS’

2 RESIDENCE ONE THAT’S LABELED, WHICH DIRECTION IS THE VAN DAM

3 RESIDENCE?

4 A. THE VAN DAM RESIDENCE WOULD BE TO THE RIGHT OF THE

5 PHOTOGRAPH AND QUITE A BIT OUT OF THE PHOTOGRAPH.

6 Q. YOU MENTIONED EARLIER THAT YOU FOUND SOME

7 BINOCULARS IN THE WESTERFIELD RESIDENCE?

8 A. YES, I DID. I FOUND TWO SETS.

9 Q. DID YOU FIND ANY UPSTAIRS?

10 A. YES.

11 Q. WHERE?

12 A. THEY WERE IN A DRESSER DRAWER ON THE — THE DRESSER

13 WAS LOCATED ON THE SOUTH WALL OF THE BEDROOM IMMEDIATELY OUTSIDE

14 THE ENTRANCE TO THE BATHROOM.

15 Q. DO YOU SEE THAT DRESSER DEPICTED IN THE FLOOR PLAN,

16 COURT’S EXHIBIT 44?

17 A. WELL, I CAN SEE THE EDGE OF IT. I’M SURE THE JURY

18 CAN’T BECAUSE OF THIS OTHER DIAGRAM —

19 Q. LET’S USE THE FLOOR PLAN.

20 A. RIGHT. IT’S DOWN AT THE BOTTOM OF THE FLOOR PLAN

21 WITH — THIS IS IN THE WAY. IT’S AT THE BOTTOM, VERY BOTTOM OF

22 THE ITEM, THE ITEM OF FURNITURE MARKED “DRESSER.”

23 Q. WOULD YOU TAKE YOUR FELT PEN AND COME TO THE

24 EXHIBIT 44 AND PUT A “B” WHERE YOU FOUND THE BINOCULARS?

25 A. (WITNESS COMPLYING.)

26 THEY WERE IN THE TOP DRAWER OF THAT DRESSER.

27 Q. YOU FOUND ANOTHER PAIR IN THE HOUSE?

28 A. YES.
5390
1 Q. WHERE?

2 A. IN THE KITCHEN ON THE COUNTER.

3 Q. HOW LONG WERE YOU AT THE WESTERFIELD RESIDENCE?

4 A. WE BEGAN — WELL, WE WERE ACTUALLY THERE FROM ABOUT

5 2:15. WE ACTUALLY BEGAN THE SEARCH, THOUGH, AT ABOUT 3:00 A.M.

6 ON THE MORNING OF THE 5TH AND WE COMPLETED THE SEARCH AND LEFT

7 AT APPROXIMATELY 3 O’CLOCK IN THE AFTERNOON.

8 Q. HAD YOU BEEN INTO THE VAN DAM RESIDENCE BEFORE YOU

9 WENT INTO THE WESTERFIELD RESIDENCE?

10 A. NO.

11 Q. YOU HAD NOT WALKED THROUGH THEIR HOUSE?

12 A. I HAD NOT BEEN IN THEIR HOUSE ACTUALLY UNTIL AFTER

13 THE PRELIMINARY HEARING, WHICH WAS A MONTH — OR MORE THAN A

14 MONTH LATER.

15 Q. FROM THE VAN DAM — I’M SORRY, FROM THE WESTERFIELD

16 RESIDENCE WHERE DID YOU GO?

17 A. WE DROVE OUT TO THE AREA OF POWAY WHERE HIS MOTOR

18 HOME HAD BEEN LOCATED.

19 Q. DID YOU HAVE A SEARCH WARRANT FOR THE MOTOR HOME

20 ALSO?

21 A. YES.

22 Q. WHO ALL WENT OUT THERE?

23 A. MYSELF, SERGEANT HOLMES, KAREN LEALCALA, ANNETTE

24 PEER AND THERE WERE — THERE WAS AN OFFICER OUT THERE THAT HAD

25 BEEN — I DON’T RECALL WHO IT WAS. IT WAS A UNIFORMED OFFICER

26 THAT HAD BEEN POSTED AS A SECURITY GUARD TO WATCH THE MOTOR

27 HOME, BUT THAT’S ALL THAT I RECALL GOING OUT THERE WITH OUR

28 GROUP.
5391
1 Q. DO YOU RECALL IF THE MOTOR HOME WAS LOCKED WHEN YOU

2 GOT THERE?

3 A. I BELIEVE IT WAS. I — I DIDN’T — I THINK

4 SERGEANT HOLMES, IF ANYONE, WOULD HAVE UNLOCKED IT. I DID NOT.

5 Q. DID YOU GO INSIDE THE MOTOR HOME?

6 A. NO.

7 Q. WHAT DID YOU DO?

8 A. WE SEARCHED THE OUTSIDE OF THE MOTOR HOME, THE

9 EXTERIOR, COLLECTED A FEW ITEMS OF EVIDENCE FROM THE EXTERIOR,

10 AND ONCE WE HAD COMPLETED THAT SERGEANT HOLMES DROVE THE MOTOR

11 HOME TO OUR IMPOUND FACILITY.

12 Q. DID ANYONE GO INSIDE THE MOTOR HOME EXCEPT SERGEANT

13 HOLMES?

14 A. NOT TO MY KNOWLEDGE.

15 Q. WERE YOU THERE THE ENTIRE TIME THE PEOPLE WERE

16 THERE UNTIL THE MOTOR HOME WAS MOVED?

17 A. YES. BUT I WASN’T INSIDE OF EVERY ONE ALL THE

18 TIME. FROM ONE SIDE OF THE MOTOR HOME YOU COULDN’T SEE WHAT WAS

19 GOING ON ON THE OTHER BUT, TO MY KNOWLEDGE, NOBODY ELSE WENT

20 INSIDE.

21 Q. WHEN WAS THE MOTOR HOME THAT YOU SEARCHED?

22 A. THE FOLLOWING DAY.

23 Q. WAS THE MOTOR HOME TAKEN SOMEWHERE?

24 A. YES, IT WAS. IT WAS TAKEN BY SERGEANT HOLMES TO

25 OUR IMPOUND FACILITY, WHICH IS ON AERO DRIVE ADJACENT TO THE

26 POLICE STATION AT AERO AND — IN THE MISSION VILLAGE AREA.

27 Q. DID YOU GO TO THE MOTOR HOME THE NEXT DAY?

28 A. YES, I DID.
5392
1 Q. WHEN YOU WENT TO THE MOTOR HOME THE NEXT DAY,

2 BEFORE DOING THAT HAD YOU BEEN IN THE VAN DAM HOME THAT DAY?

3 A. NO.

4 Q. HAD YOU BEEN IN THE WESTERFIELD HOME THAT DAY?

5 A. NO.

6 Q. DID YOU STILL HAVE THE SAME SHOES ON?

7 A. NO.

8 Q. HOW DO YOU KNOW?

9 A. WELL, FOR ONE THING IT’S BEEN PRETTY EASY BECAUSE

10 BOTH DAYS THE NEWS CAUGHT ME, AND I KNEW WHAT I WAS WEARING THE

11 DAY WE SEARCHED THE WESTERFIELD HOME, AND IT WAS NOT THE SAME

12 CLOTHES I WAS WEARING THE DAY WE SEARCHED THE MOTOR HOME BECAUSE

13 IT WAS ON THE NEWS.

14 Q. YOU WERE ABLE TO CHECK BECAUSE OF THE NEWS

15 COVERAGE?

16 A. PRETTY MUCH, YES.

17 Q. DID YOU DRAW A DIAGRAM OF THE INTERIOR OF THE MOTOR

18 HOME?

19 A. YES, I DID.

20 (MARKED FOR ID: = TRIAL EX. 96, MOTOR HOME FLOOR PLAN)

21 Q. I’VE HAD MARKED AS COURT’S EXHIBIT 96 WHAT APPEARS

22 TO BE A DIAGRAM FLOOR PLAN OF A MOTOR HOME LABELED 1997

23 SOUTHWIND 35-FOOT MOTOR HOME WITH THE LICENSE PLATE CALIFORNIA

24 4NSF454.

25 DO YOU RECOGNIZE THAT, DETECTIVE?

26 A. YES, I DO.

27 Q. HOW?

28 A. IT’S A DIAGRAM THAT WAS PREPARED BASED ON A HAND
5393
1 DRAWN DIAGRAM THAT I PROVIDED WITH OUR CRIME — TO OUR CRIME

2 ANALYSIS UNIT.

3 Q. AND WHAT ARE YOU TRYING TO SHOW US THERE?

4 A. THE FLOOR PLAN OF THE MOTOR HOME AND PRETTY MUCH TO

5 SCALE HOW IT’S ARRANGED.

6 Q. IT LOOKS LIKE THE TOP OF THE DIAGRAM WOULD BE THE

7 DRIVING COMPARTMENT OF THE MOTOR HOME?

8 A. THAT’S CORRECT, WITH THE STEERING WHEEL AND THE

9 DRIVER’S SEAT DEPICTED.

10 Q. WHAT APPEARS TO BE AT THE BOTTOM OR THE REAR OF THE

11 MOTOR HOME?

12 A. THAT WAS THE BEDROOM AREA. THE GRAY AREA AT THE

13 BOTTOM OF THE DIAGRAM WOULD BE THE BED.

14 Q. WERE THERE ANY WAYS TO OBTAIN PRIVACY IN THAT PART

15 OF THE MOTOR HOME?

16 A. BY DRAWING THE SHADES OR CLOSING THE BLINDS.

17 Q. HOW ABOUT FROM THE INTERIOR OF THE MOTOR HOME, WERE

18 THERE ANY DOORS?

19 A. THERE WERE TWO POCKET DOORS; ONE BETWEEN THE

20 HALLWAY AND THE BEDROOM AND ANOTHER BETWEEN THE HALLWAY AND THE

21 KITCHEN AREA.

22 Q. DID YOU INCLUDE THOSE IN YOUR DIAGRAM?

23 A. YES, I DID.

24 Q. WOULD YOU POINT THEM OUT PLEASE FOR US?

25 A. THIS WOULD BE THE POCKET DOOR BETWEEN THE KITCHEN

26 AND THE HALLWAY AREA.

27 Q. AND IT’S LABELED “POCKET DOOR”?

28 A. YES, IT IS. AND THIS WOULD BE THE POCKET DOOR
5394
1 BETWEEN THE HALLWAY AND THE BEDROOM AREA.

2 Q. DID THEY WORK?

3 A. YES.

4 Q. HOW DO YOU KNOW?

5 A. I OPERATED THEM.

6 Q. WERE PHOTOGRAPHS TAKEN FROM THE INTERIOR OF THE

7 MOTOR HOME?

8 A. YES.

9 Q. WAS THERE A BATHROOM AREA IN THE MOTOR HOME?

10 A. YES, THERE WAS.

11 Q. DESCRIBE THAT FOR US.

12 A. THE BATHROOM WAS ALONG THE DRIVER’S SIDE OF THE

13 MOTOR HOME JUST BEFORE ENTERING THE BEDROOM AREA. IT WOULD BE

14 ON THE LEFT SIDE OF THE MOTOR HOME ABOUT TWO-THIRDS OF THE WAY

15 BACK.

16 Q. AND WHAT WAS THERE IN THE BATHROOM FACILITY?

17 A. A SHOWER, A SINK AND A CUPBOARD AND A TOILET.

18 Q. LET ME SHOW YOU WHAT’S BEEN PREVIOUSLY MARKED AS

19 COURT’S EXHIBIT 49, THIS PHOTO DISPLAY BOARD LABELED AT THE TOP

20 “1997 SOUTHWIND MOTOR HOME ROMAN NUMERAL ONE.”

21 DO YOU RECOGNIZE WHAT WE HAVE DEPICTED HERE?

22 A. YES, I DO.

23 Q. IS THAT THE EXTERIOR OF THE MOTOR HOME THAT WE’RE

24 TALKING ABOUT?

25 A. YES, IT IS.

26 Q. DO YOU KNOW WHERE THESE PHOTOGRAPHS WERE TAKEN?

27 A. PHOTOGRAPH “A” WAS TAKEN WHERE THE MOTOR HOME WAS

28 LOCATED OUT IN THE POWAY AREA AND THE PHOTOGRAPH “B”, “C”, “D”
5395
1 AND “E” WERE TAKEN THE FOLLOWING DAY AT THE IMPOUND YARD IN

2 MISSION VILLAGE.

3 Q. LET ME SHOW YOU WHAT’S BEEN PREVIOUSLY MARKED AS

4 COURT’S EXHIBIT 50, ANOTHER PHOTO DISPLAY BOARD, LABELED AT THE

5 TOP “1997 SOUTHWIND MOTOR HOME ROMAN NUMERAL TWO.”

6 DO YOU RECOGNIZE WHAT WE HAVE DEPICTED HERE?

7 A. THAT’S THE INTERIOR OF THE MOTOR HOME, VARIOUS

8 VIEWS. “A” IS A VIEW FROM THE HALLWAY TOWARDS THE FRONT OF THE

9 MOTOR HOME DEPICTING THE DRIVING AREA, THE LIVING ROOM AREA, THE

10 KITCHEN DINING AREA.

11 PHOTOGRAPH “B” IS MOVING FARTHER FORWARD STANDING

12 IN THE KITCHEN AREA TAKING A PICTURE ACROSS THE LIVING ROOM AREA

13 TO THE DRIVER’S SEAT, AND THE PASSENGER’S SEAT SHOWING THE FRONT

14 DASH.

15 PHOTOGRAPH “C” IS STANDING IN THE DRIVING AREA.

16 PHOTOGRAPH SLIGHTLY TOWARDS THE REAR OF THE MOTOR HOME SHOWING

17 THE MAIN ENTRY DOOR WHICH IS ALONG THE RIGHT SIDE PASSENGER SIDE

18 OF THE MOTOR HOME BETWEEN THE LIVING AREA AND THE DINING AREA.

19 PHOTOGRAPH “D” IS GENERALLY STANDING IN THE DRIVING

20 AREA LOOKING TOWARDS THE REAR OF THE MOTOR HOME THROUGH THE

21 KITCHEN AND INTO THE HALLWAY AND EVENTUALLY THE BEDROOM.

22 PHOTOGRAPH “E” IS STANDING IN THE — TAKEN FROM THE

23 DRIVING AREA, LOOKING DOWN THE LEFT SIDE OF THE MOTOR HOME

24 TOWARDS THE REAR, SHOWING THE LIVING ROOM AREA, THE KITCHEN AND

25 A BIT OF THE HALLWAY.

26 Q. LET ME DIRECT YOUR ATTENTION TO PHOTOGRAPH “D”. DO

27 YOU SEE THIS BLUE OBJECT ON THE FLOOR, LOOKS LIKE IT’S RIGHT

28 PAST THE KITCHEN AREA?
5396
1 A. YES.

2 Q. WHAT WAS THAT?

3 A. THAT WAS A TOWEL, A BATH TOWEL.

4 Q. WAS IT THERE WHEN YOU ARRIVED?

5 A. YES.

6 Q. NONE OF YOU GUYS PUT IT THERE?

7 A. NO.

8 Q. DID THESE PHOTOS ACCURATELY SHOW HOW THE MOTOR HOME

9 APPEARED WHEN YOU GUYS GOT INSIDE?

10 A. YES.

11 Q. WERE PHOTOGRAPHS TAKEN OF THE BEDROOM AREA?

12 A. YES.

13 Q. LET ME SHOW YOU WHAT’S BEEN PREVIOUSLY MARKED AS

14 COURT’S EXHIBIT 51, LABELED AT THE TOP “1997 SOUTHWIND MOTOR

15 HOME ROMAN NUMERAL 3.” DO YOU RECOGNIZE WHAT WE HAVE THERE?

16 A. YES, I DO.

17 Q. WHAT ARE YOU SHOWING US WITH THOSE PHOTOGRAPHS?

18 A. THOSE ARE PHOTOGRAPHS, DIFFERENT PERSPECTIVES OF

19 THE BEDROOM AREA OF THE MOTOR HOME.

20 PHOTOGRAPH “A” IS LOOKING FROM THE DOORWAY DIRECTLY

21 TO THE REAR OF THE MOTOR HOME ACROSS THE BED SHOWING THE

22 HEADBOARD AND THE MIRROR AND THE CABINETS AT THE HEAD OF THE

23 BED.

24 PHOTOGRAPH “B” IS TAKEN LOOKING TOWARDS THE RIGHT

25 REAR CORNER OF THE BEDROOM SHOWING AGAIN THE BED, CABINET —

26 OVERHEAD CABINETS, SIDE STORAGE CABINETS AND A BIT OF THE

27 WINDOW.

28 PHOTOGRAPH “C” IS AT THE OPPOSITE CORNER OF THE BED
5397
1 LOOKING TOWARDS THE LEFT REAR OF THE MOTOR HOME, AGAIN SHOWING

2 THE BED, THE OVERHEAD, SIDE CABINETS AND A PORTION OF THE LEFT

3 WINDOW.

4 PHOTOGRAPH “D” IS STANDING AT THE RIGHT REAR

5 PORTION OF THE MOTOR HOME LOOKING OUT TOWARDS THE HALLWAY PAST

6 THE POCKET DOOR AND CATCHING A LITTLE BIT OF THE BATHROOM

7 SHOWING THE TOILET.

8 AND PHOTOGRAPH “E” IS STANDING AT THE ENTRY OF THE

9 BEDROOM LOOKING OUT THROUGH THE HALLWAY INTO THE BATHROOM. AND

10 YOU CAN ALSO SEE UP INTO THE DRIVING COMPARTMENT.

11 Q. AND THE PREVIOUS PHOTOGRAPH I ASKED YOU ABOUT A

12 TOWEL THAT WAS ON THE FLOOR. IS THAT VISIBLE IN EXHIBIT 51?

13 A. YES, IT IS. IN PHOTOGRAPH “E” AND PHOTOGRAPH “D”

14 MORE SO IN “E” AT THE VERY BOTTOM RIGHT HAND CORNER OF THAT

15 PHOTOGRAPH.

16 Q. WHAT ROOM IS THAT TOWEL ADJACENT TO?

17 A. THE TOWEL’S ACTUALLY IN THE HALLWAY OUTSIDE THE

18 BATHROOM.

19 Q. WERE YOU PRESENT WHEN ANYONE WAS LOOKING FOR

20 FINGERPRINTS IN THAT MOTOR HOME?

21 A. YES.

22 Q. DID YOU SEE ‘EM FIND ANY?

23 A. YES.

24 Q. WHERE?

25 A. ON THE CABINET ABOVE THE LEFT SIDE OF THE BED.

26 Q. IS THAT VISIBLE IN ANY OF THE PHOTOGRAPHS IN

27 COURT’S EXHIBIT 51?

28 A. THE CABINET IS. THE FINGERPRINTS ARE NOT BUT THE
5398
1 CABINET IS.

2 Q. COULD YOU POINT OUT THE LOCATION WHERE THAT IS?

3 A. THEY WERE FOUND APPROXIMATELY ON THE SIDE BOARD OR

4 THE — THE WALL OF THIS SIDE CABINET ADJACENT TO THE LEFT SIDE

5 OF THE BED.

6 Q. YOU’RE POINTING THAT OUT IN PHOTOGRAPHS —

7 PHOTOGRAPH “C” IN EXHIBIT 51?

8 A. YES.

9 Q. DESCRIBE WHAT YOU SAW.

10 A. I WATCHED KAREN LEALCALA APPLY PHOTOGRAPH — OR

11 FINGERPRINT POWDER TO THE CABINET, AND I SAW WHAT APPEARED TO BE

12 FINGERPRINTS BEING DEVELOPED WHEN THAT POWDER ADHERED TO THE

13 PRINT THAT WAS ON THE WOODEN CABINET WALL.

14 Q. HOW VISIBLE WAS IT, THOUGH?

15 A. IT WAS PLAINLY VISIBLE.

16 Q. WERE PHOTOGRAPHS TAKEN OF THAT LOCATION?

17 A. YES.

18 (MARKED FOR ID: = TRIAL EX. 95- PHOTOBOARD/MOTOR HOME)

19 Q. I’VE HAD MARKED AS COURT’S EXHIBIT 95 ANOTHER PHOTO

20 DISPLAY BOARD, LABELED AT THE TOP “1997 SOUTHWIND MOTOR HOME,

21 ROMAN NUMERAL 4.”

22 DO YOU RECOGNIZE WHAT WE HAVE DEPICTED THERE,

23 DETECTIVE?

24 A. YES, I DO.

25 Q. WHAT IS IT?

26 A. IT’S OUR — THERE ARE THREE PHOTOGRAPHS SHOWING

27 THAT PARTICULAR CABINET ABOVE THE LEFT SIDE OF THE BED ON THE

28 WALL ADJACENT TO THE BED.
5399
1 BLACK SMUDGES ON PHOTOGRAPH “A” SHOW THE

2 APPLICATION OF FINGERPRINT POWDER. THERE’S A LITTLE RIGHT

3 ANGLED RULER AT THE BOTTOM SHOWING THE APPROXIMATE LOCATION

4 WHERE LATENT FINGERPRINTS WERE DEVELOPED.

5 PHOTOGRAPH “B” IS A CLOSE UP OF THAT RIGHT ANGLED

6 RULER SHOWING THE PRINTS AS THEY APPEARED.

7 AND PHOTOGRAPH “C” IS A BLACK AND WHITE PHOTOGRAPH

8 OF THE PRINTS THAT ARE LATER USED FOR IDENTIFICATION.

9 Q. WHO LIFTED THE PRINTS?

10 A. KAREN LEALCALA.

11 Q. WERE PHOTOGRAPHS ALSO TAKEN OF THE BATHROOM

12 FACILITY IN THE MOTOR HOME?

13 A. YES.

14 (MARKED FOR ID: = TRIAL EX. 94, PHOTOBOARD –

15 MOTOR HOME BATHROOM)

16 Q. LET ME SHOW YOU WHAT’S BEEN MARKED AS COURT’S

17 EXHIBIT 94, ANOTHER PHOTO DISPLAY BOARD LABELED AT THE TOP “1997

18 SOUTHWIND MOTOR HOME BATHROOM.” IT HAS FIVE PHOTOGRAPHS LABELED

19 “A” THROUGH “E”.

20 DO YOU RECOGNIZE WHAT WE HAVE DEPICTED THERE, SIR?

21 A. YES, I DO. IT’S THE BATHROOM AREA OF THAT MOTOR

22 HOME.

23 Q. APPEARS TO BE SOME BLACK SMUDGES ON SOME OF THOSE

24 ITEMS IN THE PHOTOGRAPHS. DO YOU SEE THAT?

25 A. YES.

26 Q. WHAT IS THAT?

27 A. THE SMUDGES THAT APPEAR AROUND THE SINK, ON THE

28 TOILET LID, ON THE FLOOR, THAT’S FINGERPRINT POWDER.
5400
1 Q. DID YOU APPLY THAT?

2 A. NO, I DID NOT.

3 Q. DID YOU GO TO THE RECOVERY SITE DOWN ON DEHESA

4 ROAD?

5 A. YES, I DID.

6 Q. WHEN DID YOU GO THERE?

7 A. THAT — IF I MAY REFER TO MY REPORT. I BELIEVE

8 THAT WAS FEBRUARY 27TH AT APPROXIMATELY 5 — MAY I REVIEW MY

9 REPORT?

10 Q. SURE.

11 A. THE EXACT TIME SLIPPED MY MIND.

12 WE ARRIVED THERE AT ABOUT 6:00 P.M.

13 Q. “WE” WOULD BE YOUR HOMICIDE TEAM?

14 A. YES.

15 Q. AT 6:00 P.M. HOW LIGHT WAS IT?

16 A. IT WAS STILL DUSK GOING TO DARKNESS.

17 Q. WHERE ON DEHESA ROAD IS THAT?

18 A. IT’S JUST EAST OF THE SINGING HILLS GOLF COURSE

19 ACROSS THE ROAD FROM THE SLOAN CANYON SAND AND GRAVEL PITS.

20 APPROXIMATELY 1.5 MILES EAST OF WILLOW GLEN ROAD AND

21 APPROXIMATELY A HALF A MILE WEST OF SLOAN CANYON ROAD.

22 Q. DO YOU KNOW WHERE SYCUAN CASINO IS?

23 A. YES, I DO.

24 Q. HOW FAR IS THAT FROM THE LOCATION, THE RECOVERY

25 SITE?

26 A. APPROXIMATELY THREE MILES.

27 (MARKED FOR ID: = TRIAL EX. 98, AERIAL PHOTO)

28 MR. DUSEK: I’VE HAD MARKED AS COURT’S EXHIBIT 98 AN
5401
1 ENLARGED AERIAL PHOTOGRAPH IT APPEARS.

2 DO YOU RECOGNIZE WHAT WE HAVE DEPICTED IN THAT

3 AERIAL PHOTOGRAPH, DETECTIVE TOMSOVIC?

4 A. YES, I DO.

5 Q. CAN YOU GIVE US OUR BEARINGS, THE ORIENTATION?

6 A. THE PHOTOGRAPH AT THE BOTTOM, YOU SEE THE ROOFS AND

7 THE BUILDINGS OF THE SYCUAN CASINO, AND IT’S A VIEW OF DEHESA

8 CANYON, AND ALMOST OUT OF SIGHT AT THE VERY TOP OR THE MIDDLE

9 POINT OF THE PHOTOGRAPH, BUT THE TOP OF WHERE THE LAND ENDS AND

10 THE SKY BEGINS, IS THE AREA WHERE THE BODY WAS FOUND.

11 Q. SO WE HAVE THOSE LOCATIONS MEMORIALIZED, COULD YOU

12 STEP TO THE BOARD WITH YOUR FELT PEN AND PUT AN “S” ON THE

13 ROOFTOP OF THE SYCUAN CASINO?

14 A. (WITNESS COMPLYING.)

15 Q. YOU’VE DONE THAT. THANK YOU, SIR.

16 NOW, WOULD YOU ON THE SAME EXHIBIT GO TO THE

17 APPROXIMATE LOCATION WHERE DANIELLE WAS RECOVERED AND PUT AN “R”

18 AT THAT LOCATION?

19 A. (WITNESS COMPLYING.)

20 Q. YOU’VE DONE THAT, SIR. THANK YOU.

21 WHAT WAS YOUR RESPONSIBILITY REGARDING ACQUIRING

22 EVIDENCE AT THAT SITE?

23 A. AGAIN, I WAS ASSIGNED TO BE THE SCENE PERSON AT

24 THIS SITE TO MAINTAIN CONSISTENCY FROM BEING THE SCENE PERSON

25 EARLIER AT THE WESTERFIELD HOME. MY RESPONSIBILITY WAS TO

26 SEARCH FOR EVIDENCE, COLLECT EVIDENCE.

27 Q. DESCRIBE THE SCENE.

28 A. THE AREA WHERE THE BODY WAS FOUND IS LIKE A LITTLE
5402
1 POCKET VALLEY. THERE’S A HIGH RIDGE OF MOUNTAINS TO THE NORTH.

2 IT’S ISOLATED. THERE ARE NO HOMES ALONG THAT PARTICULAR

3 STRETCH.

4 ON THE SOUTH SIDE OF DEHESA ROAD IS A SERIES OF

5 INTERCONNECTED PONDS THAT BELONG TO THE SAND QUARRY. THERE ARE

6 NO HABITED — INHABITED DWELLINGS ALONG THAT PARTICULAR STRETCH

7 OF ROAD, AND IT’S FAIRLY ISOLATED BY TURNS IN THE ROAD FROM BOTH

8 THE NORTH — FROM THE EAST AND THE WEST.

9 THERE’S BASICALLY, IN THIS LITTLE POCKET VALLEY

10 FROM THE ROAD TO THE NORTH, THERE’S SOME LOW SHRUBBERY, SUMAC

11 BUSHES, GRASS, MEADOW GRASS, AND AS IT PROCEEDS UP THE HILL IT

12 BECOMES PREDOMINANTLY A GRASSY AREA.

13 Q. LET ME PUT ON THE BOARD COURT’S EXHIBIT 4. THIS

14 PHOTO DISPLAY BOARD LABELED AT THE TOP “DEHESA ROAD RECOVERY

15 SITE.”

16 DO YOU RECOGNIZE WHAT WE HAVE DEPICTED THERE?

17 A. YES, I DO.

18 Q. WHAT IS IT?

19 A. THAT IS THE SCENE WHERE THE BODY WAS ACTUALLY

20 RECOVERED. PHOTOGRAPH “A”, “B” AND “C” IS KIND OF A PANORAMA

21 FROM THE WEST TO THE EAST. “A” BEING WEST AND “C” BEING TOWARDS

22 THE EAST. CENTRAL IN PHOTOGRAPH “B” IS AN OAK TREE WHICH

23 HAPPENED TO BE ABOUT THE ONLY — I THINK IT WAS THE ONLY OAK

24 TREE ALONG THAT STRETCH OF ROAD, AND THE OAK TREE WAS LOCATED

25 AMID A THICKET OF SUMAC BUSHES.

26 Q. DETECTIVE, SPECIFICALLY AROUND DANIELLE, CAN YOU

27 DESCRIBE THE AREA WHERE SHE WAS FOUND, THE SURFACE AND MATERIALS

28 AROUND HER BODY?
5403
1 A. SHE WAS ON THE GROUND. THE SURFACE WAS COVERED

2 WITH A LAYER — THICK LAYER OF LEAVES AND THINGS THAT HAD COME

3 OUT OF THE OAK TREE. THERE’S SOME POISON OAK ON THE GROUND

4 AROUND THE BODY. THE REST — THE GROUND OUTSIDE — ONCE YOU’VE

5 STEPPED AWAY FROM UNDERNEATH THE TREE WAS A GRASSY AREA. BUT

6 BASICALLY THE GROUND COVER WAS LEAVES, DIRT.

7 Q. WERE YOU INVOLVED IN A SEARCH AROUND THE BODY

8 LOOKING FOR EVIDENCE?

9 A. YES.

10 Q. CAN YOU DESCRIBE HOW THAT WAS ORGANIZED AND

11 ORCHESTRATED?

12 A. I DIVIDED THE SEARCH INTO SEPARATE AREAS. THERE

13 WAS A SEARCH IMMEDIATELY AROUND THE BODY WITHIN ABOUT A FIVE

14 FOOT RADIUS THAT WAS GOING TO BE SEARCHED BY TWO CRIMINALISTS

15 WHO WERE ASSISTING US AT THE SCENE ON THAT PARTICULAR DAY.

16 MOST OF THE SEARCH ACTUALLY WAS CONDUCTED THE DAY

17 AFTER THE BODY WAS FOUND AND HAD BEEN REMOVED FROM THE SCENE.

18 INITIALLY, OUR FIRST GOAL WAS TO — THE NIGHT THE BODY WAS FOUND

19 IT WAS TURNING DARK, AND BEFORE IT GOT TOO DARK WE WANTED TO GET

20 THE BODY OUT OF THERE. THE SCENE WAS CONTAINED, SECURED UNTIL

21 THE FOLLOWING DAY WHEN WE COULD OPERATE UNDER DAYLIGHT

22 CONDITIONS AND SEARCH BETTER.

23 Q. HOW?

24 A. AND THAT’S AT THAT TIME IS WHEN THE REAL INTENSIVE

25 SEARCH OCCURRED.

26 Q. HOW DID YOU CONTAIN THE SCENE?

27 A. OFFICERS WERE POSTED ALL NIGHT LONG. THERE WERE

28 CREWS WITH — FROM THE SYCUAN FIRE DEPARTMENT, FROM AT THE
5404
1 CONSTRUCTION SITE ACROSS THE ROAD, THEY HAD BROUGHT GENERATOR

2 POWERED LIGHTS AND THOSE LIGHTS WERE KEPT ON ALL NIGHT LONG.

3 WE, THE HOMICIDE TEAM, WE LEFT THE SCENE, CAME BACK THE

4 FOLLOWING MORNING, BUT THERE WAS SHERIFF’S OFFICERS, THERE WERE

5 SAN DIEGO POLICE OFFICERS ASSIGNED TO WATCH THAT SCENE AND MAKE

6 SURE THERE WAS NO PEOPLE ENTERING OR ANYTHING.

7 Q. WHAT TIME DID YOU LEAVE THE SCENE THAT NIGHT AFTER

8 SHE WAS REMOVED?

9 A. ABOUT 11:00 P.M.

10 Q. WHAT TIME DID YOU GO BACK THE NEXT DAY?

11 A. WE ACTUALLY ARRIVED ABOUT 6:30, BUT WE BEGAN

12 SEARCHING ABOUT 8 O’CLOCK.

13 Q. DESCRIBE THE MANNER OF THE SEARCH IMMEDIATELY

14 AROUND DANIELLE.

15 A. AGAIN, WITHIN ABOUT FIVE FEET OF THE BODY IT WAS

16 BASICALLY A HAND AND KNEE SEARCH BY THE TWO CRIMINALISTS WHO

17 WERE ASSISTING US AT THAT SCENE. THAT WOULD HAVE BEEN DAVID

18 CORNACCHIA AND ANNETTE PEER, AND THEY PRETTY MUCH SHIFTED

19 THROUGH THE LEAVES UNDER THE BODY AND AROUND THE BODY WITH THEIR

20 FINGERS LOOKING FOR ITEMS OF TRACE, TYPE OR SMALL MINUTE TYPE OF

21 EVIDENCE, HAIRS, FIBERS, BODY PARTS.

22 ON THE OUTSIDE OF THAT PERIMETER TO A DISTANCE OF

23 ABOUT — AND THESE MEASUREMENTS ARE ROUGH. I MEAN, THERE WASN’T

24 LINES DRAWN ON THE GROUND, BUT OUT TO ABOUT 50 FEET, MYSELF AND

25 ANOTHER DETECTIVE AND KAREN LEALCALA SEARCHED THAT AREA BACK AND

26 FORTH, LOOKING FOR THE SAME TYPE OF EVIDENCE, LOOKING ALSO FOR

27 CLOTHING, LOOKING FOR BLANKETS, THINGS THAT THE BODY COULD HAVE

28 POTENTIALLY BEEN WRAPPED IN, TRASH BAGS, ANYTHING THAT SEEMED
5405
1 LIKE IT COULD HAVE SOME EVIDENCE IN THE CASE. ALSO LOOKING FOR

2 BODY PARTS AS THERE WAS SOME ITEMS MISSING FROM THE BODY.

3 Q. WAS THERE A SEARCH THEN BEYOND THAT PERIMETER?

4 A. YES. OUT TO ABOUT A HUNDRED YARDS A GROUP OF

5 ROBBERY AND OTHER DETECTIVES THAT HAD BEEN ASSISTING US

6 THROUGHOUT THIS INVESTIGATION FORMED A SEARCH LINE AND

7 CROSS-HATCHED THAT AREA TO ABOUT A HUNDRED YARDS. AND THIS IS

8 ALL TAKING PLACE NORTH OF DEHESA ROAD.

9 SOUTH OF DEHESA ROAD SHERIFF’S SEARCH AND RESCUE

10 TEAM WITH THEIR DOGS SEARCHED THE QUARRY AREA SOUTH OF THE ROAD,

11 AND THEY ALSO SEARCHED THE HILLSIDE AREA NORTH OF WHERE OUR

12 OFFICERS WERE SEARCHING.

13 ONCE OUR OFFICERS HAD FINISHED SEARCHING IN CLOSE

14 TO THE BODY, THE SHERIFF’S SEARCH AND RESCUE TEAM WITH THEIR

15 DOGS ALSO CAME AND RESEARCHED THE AREA THAT WE HAD PREVIOUSLY

16 SEARCHED. SO THIS WAS — THE AREA WAS CROSS-SEARCHED BY SEVERAL

17 PEOPLE OVERLAPPING.

18 Q. WHEN DANIELLE WAS FOUND THERE DID SHE HAVE ANY

19 CLOTHES ON?

20 A. NO, SHE DIDN’T.

21 Q. DID YOU FIND ANY CLOTHING IN THAT AREA?

22 A. NO, WE DIDN’T.

23 Q. DID YOU FIND ANY TEETH?

24 A. NO, WE DID NOT.

25 Q. DID YOU FIND ANY BLANKETS OR PAJAMAS, ANYTHING LIKE

26 THAT?

27 A. NO.

28 Q. WERE THERE MISSING PARTS TO DANIELLE?
5406
1 A. YES. THE RIGHT FOOT WAS ALMOST ENTIRELY MISSING.

2 LARGE PORTIONS OF THE FLESH WAS MISSING FROM HER ARMS, HER LEGS,

3 HER TORSO.

4 Q. DID YOU ORCHESTRATE A SEARCH TO TRY TO FIND THOSE

5 PARTS?

6 A. YES.

7 Q. WAS THAT PART OF THE SEARCH THAT YOU JUST DESCRIBED

8 FOR US?

9 A. YES. AND VARIOUS THINGS WERE FOUND, SMALL BITS OF

10 FLESH WERE FOUND IN THE BRUSH AND SHRUBBERY AROUND THE BODY.

11 HAIR, WHICH APPEARED TO BE FROM DANIELLE, WAS FOUND QUITE A

12 DISTANCE FROM THE BODY, IN SOME INSTANCES UP TO 80, 90 FEET

13 AWAY. THERE WERE MARKS ON THE GROUND, KIND OF GREASY DRAG MARKS

14 THAT LOOKED LIKE FLESH. DECOMPOSED FLESH COULD HAVE CAUSED THAT

15 TYPE OF ACTIVITY.

16 Q. LET ME SHOW YOU WHAT’S BEEN PREVIOUSLY MARKED AS

17 COURT’S EXHIBIT 97, LABELED AT THE TOP “EVIDENCE ITEMS A THROUGH

18 D.”

19 DO YOU RECOGNIZE WHAT WE HAVE DEPICTED HERE,

20 DETECTIVE?

21 A. YES, I DO.

22 Q. WERE PHOTOGRAPHS TAKEN OF THE HAIR THAT YOU

23 DESCRIBED?

24 A. YES.

25 Q. WHAT DOES EXHIBIT 97 SHOW US?

26 A. PHOTOGRAPH “A” IN EXHIBIT 97 SHOWS EVIDENCE PLACARD

27 “A”, “B”, “C”, “D” AND “E”, WHICH WERE ITEMS FOUND ABOUT 10 TO

28 15 FEET NORTH OF WHERE THE BODY WAS — HAD BEEN LAYING. THEY
5407
1 WERE CLUMPS OF HAIR IN PHOTOGRAPH “B”, “C” AND “D”. AND

2 PHOTOGRAPH “E” DEPICTS A TYPICAL GREASY SPOT ON THE GROUND WHERE

3 IT APPEARS THAT AT ONE TIME FLESH HAD LAIN.

4 Q. DID YOU SEE ANY SIGNS THAT WOULD INDICATE PARTS HAD

5 BEEN DRAGGED AWAY?

6 A. NOT IMMEDIATELY AROUND THE BODY, BUT SOME DISTANCE

7 AWAY WE FOUND — THERE WAS A TRAIL THAT APPEARED THAT POSSIBLY A

8 BODY PART HAD BEEN DRUG AND LEFT THIS GREASY BROWNISH STAIN ON

9 THE GROUND.

10 Q. WHY DO YOU SAY IT APPEARED TO BE?

11 A. JUST FROM THE APPEARANCE WAS SIMILAR TO THE STAINS

12 THAT WERE FOUND CLOSE TO THE BODY. IT HAD A DISTINCT ODOR OF

13 DECOMPOSING FLESH.

14 Q. DID YOU EVER FIND A MISSING FOOT?

15 A. NO. I BELIEVE THERE WERE ALSO PROBABLY EVEN TRAILS

16 THAT WERE MISSING. THE ANIMAL — THERE HAD BEEN SOME ANIMAL

17 ACTIVITY OBVIOUSLY ON THE BODY.

18 Q. LET ME GO THROUGH A COUPLE OF OTHER ITEMS NOW.

19 HAVE YOU EVER BEEN IN THE VAN DAM HOME?

20 A. YES.

21 Q. WHEN?

22 A. I BELIEVE IT WAS THE DAY AFTER THE PRELIMINARY

23 HEARING. I’M NOT SURE THE SPECIFIC DATE. THAT WAS THE FIRST

24 TIME THAT I WAS THERE. I WENT BACK A SECOND TIME TO COLLECT AND

25 ASSIST IN THE COLLECTION OF HAIR FROM THE VAN DAM’S DOG.

26 Q. LAYLA?

27 A. YES.

28 Q. DID YOU PREPARE A FLOOR PLAN OF THE VAN DAM
5408
1 RESIDENCE?

2 A. YES, I DID.

3 Q. IS THAT SIMILAR TO AS YOU PREPARED IT FOR THE

4 WESTERFIELD RESIDENCE?

5 A. YES.

6 Q. THAT YOU’VE SHOWN US BEFORE?

7 A. YES, IT IS.

8 Q. WE’VE HAD MARKED AS COURT’S EXHIBIT 16, LOOKS LIKE

9 A FLOOR PLAN LABELED AT THE TOP “VAN DAM RESIDENCE DOWNSTAIRS”;

10 IS THAT CORRECT?

11 A. YES.

12 Q. IS THAT YOUR WORK?

13 A. YES, IT IS.

14 Q. DOES THAT TRULY AND ACCURATELY REFLECT THE

15 DOWNSTAIRS AREA OF THAT RESIDENCE?

16 A. AS BEST AS I COULD RECREATE IT, YES.

17 Q. DID YOU PLACE ANY FURNITURE ITEMS WHERE THEY

18 APPEARED IN THE HOUSE WHEN YOU WERE THERE?

19 A. YES.

20 Q. DID YOU ALSO DO ONE FOR UPSTAIRS?

21 A. YES, I DID.

22 Q. LET ME SHOW YOU WHAT’S BEEN PREVIOUSLY MARKED AS

23 COURT’S EXHIBIT 15, LABELED AT THE TOP “VAN DAM RESIDENCE

24 UPSTAIRS.”

25 IS THIS YOUR WORK?

26 A. YES, IT IS.

27 Q. DOES THIS ACCURATELY, TO THE BEST OF YOUR ABILITY,

28 DEPICT THE UPSTAIRS OF THE VAN DAM RESIDENCE?
5409
1 A. YES.

2 Q. YOU INDICATED YOU WENT THERE REGARDING DOG SAMPLES;

3 IS THAT CORRECT?

4 A. HAIR SAMPLES TO BE COLLECTED FROM LAYLA, THE

5 WEIMARANER DOG.

6 Q. WHO ACTUALLY DID THE COLLECTING?

7 A. CRIMINALIST MEL KONG.

8 Q. DID YOU HAVE A CHANCE TO BE AROUND THE DOG ON ANY

9 OCCASION?

10 A. BOTH TIMES THAT I WAS THERE, PARTICULARLY ON THE

11 DAY THAT I WENT TO DO THE DIAGRAMS, I WAS WORKING THROUGHOUT THE

12 HOUSE BASICALLY UNATTENDED BY EITHER THE VAN DAMS OR — I WAS ON

13 MY OWN, AND THE DOG — THE DOG WAS RUNNING FREELY THROUGH THE

14 HOUSE.

15 Q. IS THAT THE SAME DAY YOU COLLECTED THE DOG SAMPLES?

16 A. NO. IT WAS A DIFFERENT DAY.

17 Q. DESCRIBE THE DOG’S REACTION TO YOU WHILE YOU WERE

18 WANDERING AROUND THE HOUSE?

19 A. VERY FRIENDLY WHEN I FIRST WALKED IN. I PETTED HIM

20 AND HE WANDERED OFF, PRETTY MUCH STAYED AWAY FROM ME THE TIME

21 THAT I WAS THERE. ON OCCASION HE’D COME UP IF HE HEARD ME IN A

22 ROOM AND LOOK AT WHAT I WAS DOING AND WALK AWAY, BUT HE WAS

23 PRETTY MUCH OUT OF THE WAY.

24 Q. HOW MANY TIMES DID HE BARK?

25 A. HE NEVER BARKED.

26 Q. HOW MANY TIMES DID HE BITE YOU?

27 A. HE NEVER DID.

28 Q. DID HE THREATEN YOU AT ALL?
5410
1 A. NO. SEEMED TO BE A VERY FRIENDLY DOG.

2 Q. WHAT DAY WAS THAT, DO YOU REMEMBER?

3 A. THE DATE — IT WAS THE DAY AFTER THE PRELIM. I

4 DON’T RECALL, I’M SORRY. I DON’T REMEMBER THE SPECIFIC DATE.

5 Q. DO YOU HAVE A REPORT THAT WOULD INDICATE WHEN YOU

6 WERE THERE?

7 A. I DON’T — I DON’T BELIEVE I DID A REPORT ON THAT.

8 I JUST DID THE DIAGRAMS.

9 Q. DO YOU REMEMBER THE DAY YOU WENT THERE WITH MEL

10 KONG FOR THE DOG HAIR SAMPLES?

11 A. YES.

12 Q. WHAT DAY WAS THAT?

13 A. I HAVE TO LOOK AT MY REPORTS. I DO HAVE A REPORT

14 FOR THAT.

15 Q. WOULD YOU, PLEASE?

16 A. THAT WOULD HAVE BEEN ON MARCH 21ST AT ABOUT 11:00

17 A.M.

18 Q. WHAT HAPPENED TO THE DOG SAMPLES THAT MEL KONG GOT?

19 A. HE COLLECTED THEM, PUT THEM IN AN ENVELOPE, SEALED

20 THE ENVELOPE, GAVE IT TO ME. I DELIVERED IT TO KAREN LEALCALA

21 THAT SAME DAY TO BE IMPOUNDED.

22 Q. DO YOU RECALL WHAT EVIDENCE NUMBER IT GOT?

23 A. NO, I DON’T. SORRY.

24 Q. YOU ACTUALLY SAW MEL KONG TAKE THE HAIR SAMPLES

25 FROM LAYLA?

26 A. YES.

27 Q. WHILE YOU WERE IN THE WESTERFIELD RESIDENCE DO YOU

28 KNOW IF HE HAD AN ANSWERING MACHINE?
5411
1 A. I DON’T RECALL SEEING ONE AND I DON’T RECALL THE

2 PHONE EVEN RINGING WHILE WE WERE THERE.

3 Q. YOU HAVE BEEN IN BOTH THE VAN DAM AND THE

4 WESTERFIELD HOME?

5 A. YES, I HAVE.

6 Q. CAN YOU DESCRIBE THE CARPETING IN THE VAN DAM HOME?

7 A. THE VAN DAM HOME WAS A SHORT PLUSH TYPE CARPET. IT

8 WAS A MAUVE COLORATION.

9 Q. A WHAT?

10 A. MAUVE.

11 Q. WHAT’S THAT MEAN?

12 A. KINDS OF — I DON’T KNOW. THAT’S — IT’S KIND OF A

13 WOMAN’S TERM ON THE COLOR.

14 Q. DO YOUR BEST?

15 A. I KNOW IT WAS DESCRIBED — IT WAS DESCRIBED BY THE

16 MANUFACTURER AS BEING MAUVE, SO I SELECTED THAT WORD. A KIND OF

17 A LAVENDERISH/GRAYISH, FOR LACK OF A BETTER TERM.

18 Q. LET ME SHOW YOU A PHOTO DISPLAY BOARD LABELED AT

19 THE TOP “VAN DAM RESIDENCE ROMAN NUMERAL TWO.”

20 DO YOU SEE THE CARPETING THERE?

21 A. YES.

22 Q. IS THAT WHAT YOU’RE TRYING TO TELL US?

23 A. THAT’S PRETTY CLOSE, YEAH.

24 Q. ALL RIGHT.

25 HOW ABOUT THE WESTERFIELD RESIDENCE, DID YOU GET A

26 CHANCE TO SEE THE CARPETING THERE?

27 A. YES, I DID.

28 Q. WAS IT THE SAME?
5412
1 A. NO.

2 Q. HOW WAS IT?

3 A. IT WAS A BERBER KNIT TYPE CARPET, MORE OF A

4 TAN/GRAY COLOR, COMPLETELY DIFFERENT TYPE OF WEAVE.

5 Q. LET ME SHOW YOU PHOTO DISPLAY BOARD NO. 93, IT

6 APPEARS TO BE NEIL’S BEDROOM.

7 DO YOU SEE THE CARPETING DEPICTED THERE.

8 A. YES. AND THAT’S THE SAME CARPET THAT WAS

9 THROUGHOUT THE HOUSE.

10 Q. YOU COULD DISTINGUISH THE COLORS?

11 A. THAT ONE WAS EASIER THAN THE MAUVE.

12 Q. DO YOU KNOW YOUR WAY AROUND SAN DIEGO?

13 A. YES.

14 Q. I’D LIKE YOU TO MARK ON A MAP FOR US SEVERAL

15 LOCATIONS WHERE WE HAD SOME CELL SITES, IF YOU COULD.

16 I’VE HAD MARKED AS COURT’S EXHIBIT 40 WHAT APPEARS

17 TO BE A STREET MAP OF THE SAN DIEGO REGION, EXTENDING DOWN TO

18 SOUTH BAY.

19 ARE YOU FAMILIAR WITH THAT LOCATION?

20 A. YES, I AM.

21 Q. I THINK WE HAD A CELL SITE FROM PRIOR TESTIMONY AT

22 8546 FEDERAL BOULEVARD.

23 DO YOU KNOW WHERE THAT IS?

24 A. YES, I DO.

25 Q. COULD YOU FIND THAT ON THE MAP FOR US, PLEASE?

26 A. POINT IT OR MARK IT?

27 Q. WE’RE GOING TO MARK IT HERE WITH A FANCY MARKER.

28 A. OH. FEDERAL BOULEVARD WOULD BE JUST OFF OF 94 AND
5413
1 EAST OF 15. IT WOULD BE ROUGHLY IN THIS AREA HERE.

2 Q. AND I’D ASK TO — I’LL GIVE YOU THIS MARKER THAT WE

3 HAVE, IF YOU PULL OFF THE BACK I THINK IT WILL STICK, AND IF YOU

4 PUT THE EXTREME LEFT-HAND SIDE OF THE MARKER AT THE LOCATION

5 THAT YOU’RE POINTING OUT FOR US, SIR.

6 YOU’VE DONE THAT FOR US?

7 A. YES.

8 Q. DO YOU KNOW WHERE 183 THIRD AVENUE, CHULA VISTA IS?

9 A. YES.

10 Q. NOW DO YOU SEE IT ON THE MAP?

11 A. YES.

12 Q. WOULD YOU POINT IT OUT PLEASE?

13 A. IT WOULD BE APPROXIMATELY AT THIRD AND E, GENERALLY

14 IN ABOUT HERE.

15 Q. LET ME GIVE YOU ANOTHER MARKER. IT’S LABELED 183

16 THIRD AVENUE, CHULA VISTA. AND IF YOU’D DO THE SAME THING SO

17 THE LEFT-HAND SIDE OF THAT MARKER IS ADJACENT TO THE LOCATION.

18 A. (WITNESS COMPLYING.)

19 Q. THANK YOU, SIR.

20 DO YOU KNOW WHERE 15050 AVENUE OF SCIENCE IS?

21 A. YES.

22 Q. WHAT PART OF TOWN?

23 A. IN THE CARMEL MOUNTAIN RANCH AREA.

24 Q. DO YOU SEE IT ON THE MAP?

25 A. ROUGHLY, YES.

26 Q. LET ME GIVE YOU —

27 A. IT’S APPROXIMATELY HERE.

28 Q. ALL RIGHT.
5414
1 THAT’S UP IN THE — ADJACENT TO THE POWAY AREA OFF

2 OF INTERSTATE 15?

3 A. YES.

4 Q. LET ME GIVE YOU A MARKER WITH THE LABEL 15050

5 AVENUE OF SCIENCE, IF YOU’D DO THE SAME THING?

6 A. (WITNESS COMPLYING.)

7 THE COURT: BETTER GET HIM A LADDER.

8 THE WITNESS: I’LL STAND ON YOUR SHOULDERS.

9 Q. DID YOU ATTACH THAT FOR US? I’M GOING TO SWITCH

10 MAPS ON YOU NOW.

11 A. OH.

12 Q. ARE YOU FAMILIAR WITH THE MOUNT WOODSON RAMONA

13 AREA?

14 A. YES.

15 Q. LET ME SWITCH MAPS TO WHAT WE’VE HAD PREVIOUSLY

16 MARKED AS COURT’S EXHIBIT 41. I GUESS I’M GOING TO HAVE TO HOLD

17 IT. DO YOU KNOW WHERE 17170 MOUNT WOODSON ROAD IS?

18 A. ROUGHLY, YES.

19 Q. LET ME GIVE YOU THE STICKER WITH THAT

20 IDENTIFICATION ON IT AND PLACE IT AT THE APPROXIMATE LOCATION,

21 IF YOU WOULD?

22 A. (WITNESS COMPLYING.)

23 A. IT WOULD BE APPROXIMATELY AT THE LEFT EDGE OF —

24 MR. FELDMAN: YOUR HONOR, WE DID NOT HEAR. WE HEARD

25 APPROXIMATELY THE LEFT EDGE BUT WE DIDN’T HEAR —

26 THE WITNESS: — OF THE MARKER.

27 MR. FELDMAN: THANK YOU.

28
5415
1 ///

2 BY MR. DUSEK:

3 Q. DO YOU KNOW WHERE 18303 SPRING WAGON ROAD IS IN

4 RAMONA?

5 A. ROUGHLY, YES.

6 Q. LET ME GIVE YOU THE MARKER WITH THAT DESIGNATION ON

7 IT, AND IF YOU’D ATTACH IT TO COURT’S EXHIBIT 41?

8 A. PRETTY — IT’S KIND OF UNDERNEATH THIS OTHER ONE

9 BUT I’LL PUT IT AS CLOSE AS I CAN. WHOOPS.

10 AGAIN, IT WOULD BE AT APPROXIMATELY SOMEWHERE

11 AROUND THE LEFT EDGE OF THAT MARKER.

12 Q. ALL RIGHT.

13 THE NEXT ONE WE HAVE IS 9750 MIRAMAR ROAD.

14 DO YOU KNOW WHERE THAT IS?

15 A. YES.

16 Q. LET’S GO BACK TO MAP COURT’S EXHIBIT 40.

17 DO YOU SEE WHERE THE MIRAMAR ROAD ADDRESS IS?

18 A. YES.

19 Q. DID YOU ATTACH THE MARKER TO THAT LOCATION?

20 A. YOU HAVE TO COME DOWN A LITTLE.

21 Q. ALL RIGHT. THANK YOU, SIR.

22 I THINK THE OTHER ONES WE HAVE ARE DUPLICATES OF

23 THE SAME LOCATIONS, SIR.

24 DO YOU KNOW WHERE GLAMIS IS ON EXHIBIT 41?

25 A. YES.

26 Q. LET ME GIVE YOU ONE FINAL MARKER FOR GLAMIS, AND IF

27 YOU’D ATTACH THAT TO THE APPROXIMATE LOCATION?

28 A. (WITNESS COMPLYING.)
5416
1 Q. THANK YOU, SIR.

2 AND ONE FINAL AREA. ARE YOU FAMILIAR WITH WHETHER

3 OR NOT THERE IS TV RECEPTION AT THE SILVER STRAND DOWN IN

4 CORONADO?

5 A. YES.

6 Q. HOW DO YOU KNOW THAT?

7 A. I WAS THERE ON FRIDAY WATCHING THE TV THIS PAST

8 FRIDAY.

9 Q. PAST FRIDAY?

10 A. YES.

11 Q. WHERE WAS THE TV?

12 A. IN MR. WESTERFIELD’S MOTOR HOME.

13 Q. MOTOR HOME WAS TAKEN DOWN THERE?

14 A. YES.

15 Q. WHERE WAS IT TAKEN?

16 A. TO THE SILVER STRAND CAMP GROUND PARKING LOT.

17 Q. WHAT TYPE OF RECEPTION DID YOU GET?

18 A. IT APPEARED TO BE VERY GOOD RECEPTION.

19 Q. HOW MANY STATIONS?

20 A. THIRTEEN OR 14.

21 Q. THANK YOU, SIR.

22 THE COURT: CROSS-EXAMINATION.

23

24 CROSS-EXAMINATION +

25 BY MR. BOYCE:

26 Q. MR. DUSEK ASKED YOU SOME QUESTIONS ABOUT EXHIBIT

27 100, A JUNK MAIL FLIER FROM LINENS AND THINGS.

28 DO YOU REMEMBER THAT?
5417
1 A. YES.

2 Q. THAT JUNK MAIL FLIER DEPICTING AMONG OTHER ADS A

3 CANOPY OVER A BED?

4 A. YES.

5 Q. MR. DUSEK ALSO ASKED YOU SOME QUESTIONS ABOUT SOME

6 BINOCULARS, DIDN’T HE?

7 A. YES.

8 Q. NOW WHEN YOU WERE AT DAVID WESTERFIELD’S HOUSE YOU

9 ATTEMPTED TO DETERMINE THE VIEW OF THE VAN DAM HOUSE FROM HIS

10 HOUSE; IS THAT CORRECT?

11 A. THAT’S CORRECT.

12 Q. AND YOU DETERMINED THAT THE ONLY VIEW OF THE VAN

13 DAM HOUSE FROM WESTERFIELD’S HOME WAS EITHER BY KNEELING OR

14 LAYING ON THE LOFT LIKE UPSTAIRS HALLWAY AND LOOKING OUT OF THE

15 EAST WINDOW ABOVE THE SOUTHEAST CORNER OF THE LIVING ROOM, AND

16 THE SECOND VIEW WAS BY LOOKING OUT OF THE UPSTAIRS BATHROOM

17 WINDOW AT THE SOUTHEAST CORNER OF THE HOUSE, ISN’T THAT CORRECT?

18 MR. DUSEK: OBJECTION, COMPOUND.

19 MR. BOYCE: ISN’T THAT CORRECT?

20 THE COURT: IT IS COMPOUND. YOU BREAK IT DOWN.

21

22 BY MR. BOYCE:

23 Q. YOU DETERMINED THAT THERE WAS ONLY TWO VIEWS OF THE

24 AREA OF THE VAN DAM HOUSE FROM MR. WESTERFIELD’S HOUSE, DIDN’T

25 YOU?

26 A. CORRECT.

27 Q. ONE OF THEM WAS BY LAYING ON THE LOFT LIKE STAIRS

28 UPSTAIRS HALLWAY AND LOOKING OUT THE EAST WINDOW ABOUT THE
5418
1 SOUTHEAST COUNTER OF THE LIVING ROOM?

2 A. SOUTHEAST CORNER OF THE LIVING ROOM.

3 Q. CORNER OF THE LIVING ROOM. AND THE OTHER ONE WAS

4 BY LOOKING OUT OF THE UPSTAIRS BATHROOM WINDOW AT THE SOUTHEAST

5 CORNER OF THE HOUSE?

6 A. CORRECT.

7 Q. AND IN EITHER ONE OF THOSE CASES, EITHER ONE OF

8 THOSE VIEWS, THE ONLY THING THAT YOU COULD SEE WAS THE CENTER OF

9 THE VAN DAM BACKYARD; ISN’T THAT CORRECT?

10 A. YEAH, WHERE THE PLAY AREA IS LOCATED, YES.

11 Q. AND, IN FACT, FROM THE BATHROOM WINDOW YOU HAD TO

12 LEAN OUT, DIDN’T YOU?

13 A. YES.

14 Q. AND WHEN YOU LOOKED AT THE BACKYARD, THE ONLY VIEW

15 THAT YOU HAD FROM THE VAN — FROM THE WESTERFIELD HOUSE TO THE

16 VAN DAM HOUSE, DID YOU SEE A POSTER BED IN THE BACKYARD?

17 A. NO.

18 Q. DID YOU SEE A CANOPY IN THE BACKYARD?

19 A. NO.

20 Q. AND THIS JUNK MAIL FLIER THAT MR. DUSEK SHOWED YOU,

21 THAT’S A JUNK MAIL FLIER THAT’S MAILED TO EVERY HOUSE IN THE

22 NEIGHBORHOOD, ISN’T IT?

23 A. I DON’T KNOW IF IT WAS A MAILED FLIER OR ONE THAT

24 COULD BE PICKED UP AT THE STORE. IT WAS AN ADVERTISING FLIER,

25 THOUGH.

26 Q. WELL, YOU’VE RECEIVED ADVERTISING FLIERS LIKE THAT

27 AT HOME, HAVEN’T YOU?

28 A. I DON’T KNOW — I’VE RECEIVED ADVERTISING FLIERS,
5419
1 OF COURSE. I DON’T KNOW IF WE’VE GOT A LINENS AND THINGS, BUT

2 YES IT’S TYPICAL OF THAT.

3 Q. LINENS AND THINGS OR STROUDS OR OTHER JUNK MAIL

4 FLIERS, RIGHT?

5 A. YES.

6 Q. NOW YOU FIRST BECAME INVOLVED IN THIS INVESTIGATION

7 ON FEBRUARY 4TH WHEN YOU RECEIVED A CALL FROM THIS GENTLEMAN,

8 SERGEANT HOLMES; IS THAT CORRECT?

9 A. YES.

10 Q. THAT WAS ABOUT 11 O’CLOCK AT NIGHT?

11 A. YES.

12 Q. AND YOU WERE INSTRUCTED TO PROCEED TO NORTHEAST

13 SUBSTATION, IS THAT RIGHT?

14 A. THAT’S CORRECT.

15 Q. AND DID YOU GO THERE?

16 A. YES, DIRECTLY.

17 Q. AND OTHER MEMBERS OF YOUR HOMICIDE TEAM WERE

18 ALREADY THERE?

19 A. SOME WERE ALREADY THERE AND SOME ARRIVED AFTER I

20 ARRIVED.

21 Q. ANYBODY BUT MEMBERS OF YOUR HOMICIDE TEAM AT

22 NORTHEAST?

23 A. OH, THERE WAS A LOT OF PEOPLE THERE, FROM THE

24 ROBBERY UNIT, THE SPECIAL INVESTIGATIONS UNIT, THERE WERE F. B.

25 I. AGENTS THERE, FROM THE SPECIAL — OR FROM THE I BELIEVE

26 CRIMINAL INTELLIGENCE UNITS, AND WE HAD A LOT OF PEOPLE THERE

27 THAT WERE INVOLVED IN THIS MISSING CHILD INVESTIGATION.

28 Q. BECAUSE THIS WAS AN ONGOING INVESTIGATION, CORRECT?
5420
1 A. YEAH, IT HAD BEEN GOING ON ALL THROUGH THE WEEKEND

2 FROM SATURDAY MORNING.

3 Q. AND THESE PEOPLE WERE ALL INVOLVED IN DIFFERENT

4 ASPECTS OF THE INVESTIGATION, CORRECT?

5 A. YES.

6 Q. THEY WERE INVOLVED IN CHECKING THE OUTDOOR AREAS OF

7 THE SABRE SPRINGS NEIGHBORHOOD?

8 A. AMONG OTHER THINGS, YES.

9 Q. SEARCHING VARIOUS PARTS OF THE VAN DAM HOUSE?

10 A. YES.

11 Q. AND GOING TO VARIOUS OTHER PLACES THAT MIGHT BE

12 RELEVANT TO THIS INVESTIGATION, CORRECT?

13 A. YES.

14 Q. AND YOU WERE ALL CONGREGATED IN THIS ROOM?

15 A. NOT ALL BUT A LARGE NUMBER OF THE PEOPLE THAT HAD

16 BEEN INVOLVED.

17 Q. THERE WERE PEOPLE COMING AND GOING, WEREN’T THERE?

18 A. NOT SO MUCH WHILE THE BRIEFING — OR WHILE WE WERE

19 THERE FOR THE BRIEFING. WHEN THE BRIEFING STARTED, THE PEOPLE

20 THAT WERE THERE WITHIN THE ROOM DURING THE BRIEFING, NOT COMING

21 AND GOING, THOUGH.

22 Q. ABOUT HOW MANY PEOPLE WERE IN THIS ROOM?

23 A. ABOUT 20 MAYBE.

24 Q. AND THEY WERE, AS YOU HAVE DESCRIBED FOR US, FROM

25 DIFFERENT — FROM HOMICIDE, FROM ROBBERY AND FROM DIFFERENT LAW

26 ENFORCEMENT AGENCIES; IS THAT CORRECT?

27 A. I BELIEVE THE ONLY OTHER AGENCY THAT WAS THERE,

28 THERE WERE A COUPLE OF F. B. I. AGENTS.
5421
1 Q. BUT VARIOUS SUB-AGENCIES WITHIN THE SAN DIEGO

2 POLICE DEPARTMENT?

3 A. YES, DIFFERENT INVESTIGATIVE UNITS.

4 Q. AND IT WAS SERGEANT MUREN, WASN’T IT, OF THE

5 ROBBERY UNIT, WHO WAS COORDINATING THE INVESTIGATION AT THAT

6 POINT?

7 A. ACTUALLY, NO. HE GAVE US THE BRIEFING. I DON’T

8 KNOW WHAT HIS ROLE WAS IN THE COORDINATION. HE WAS THE ONE WHO

9 BRIEFED US.

10 Q. AND WHEN YOU SAY BRIEFED, YOU MEAN YOU WERE BEING

11 PROVIDED WITH INFORMATION THAT THE ROBBERY DETAIL, THE SEX

12 CRIMES DETAIL, THE VARIOUS OTHER SUB-DETAILS OF THE SAN DIEGO

13 POLICE DEPARTMENT HAD ACCUMULATED, IS THAT RIGHT?

14 A. TO THAT TIME, YES.

15 Q. AND THIS WAS INFORMATION THAT WAS BEING DISBURSED

16 BY SERGEANT MUREN?

17 A. YES.

18 Q. HOW LONG DID THIS BRIEFING LAST?

19 A. PROBABLY ABOUT AN HOUR.

20 Q. AND SO IT WAS ABOUT — IT CONCLUDED AROUND

21 MIDNIGHT, WOULD YOU SAY?

22 A. NO. IT ACTUALLY DIDN’T — DIDN’T START TILL ABOUT

23 1:00 — 1:00 A.M. AND IT WRAPPED UP AROUND — AROUND 2 O’CLOCK,

24 SO THAT WE WERE ACTUALLY AT THE WESTERFIELD HOME BY ABOUT 2:15.

25 Q. YOU TOLD US YOU ARRIVED AT THE BRIEFING AT

26 NORTHEAST AT ABOUT 11:50?

27 A. CORRECT.

28 Q. WHAT DID YOU DO BETWEEN 11:50 AND THE TIME THAT THE
5422
1 BRIEFING BEGAN?

2 A. WAITED FOR OTHER MEMBERS OF THE TEAM TO ARRIVE AND

3 WAITED FOR THE ORGANIZATIONAL CONTENT OF THE BRIEFING TO BE PUT

4 TOGETHER.

5 Q. AND WERE YOU HAVING CONVERSATIONS WITH VARIOUS

6 OTHER MEMBERS OF LAW ENFORCEMENT ABOUT THIS CASE AT THAT TIME?

7 A. PREDOMINANTLY JUST WITH OTHER MEMBERS OF MY TEAM AS

8 FAR AS WHAT WE WERE SPECULATING ON WHAT WE WERE GOING TO BE

9 DOING AND SO FORTH, HOW WE WERE GOING TO BE INVOLVED.

10 Q. HOW BIG WAS THIS BRIEFING ROOM?

11 A. PROBABLY ABOUT ONE-THIRD THE SIZE OF THIS

12 COURTROOM, MAYBE ONE QUARTER THE SIZE. IT’S A PRETTY GOOD SIZE

13 ROOM.

14 Q. FROM THE TIME THAT YOU ARRIVED AT 11:50 AND THE

15 TIME THE BRIEFING BEGAN, DID YOU SPEND THE ENTIRE TIME IN THE

16 BRIEFING ROOM?

17 A. NO. I ACTUALLY WENT IN THE BRIEFING ROOM WHEN THE

18 BRIEFING WAS READY TO START. I WAS READY TO SPEND THE TIME

19 BETWEEN THE COFFEE SHOP AND THE STATION AND ONE OF THE OTHER

20 ROOMS WHERE OFFICERS JUST KIND OF GATHER.

21 Q. AND BESIDES DETECTIVES AND OFFICERS, DID YOU KNOW

22 THAT THERE WERE ANY CRIMINALISTS PRESENT?

23 A. ANNETTE PEER WAS THERE AND SHE WAS WORKING WITH US.

24 SHE WAS ASSIGNED TO OUR TEAM FOR THE PURPOSE OF THIS

25 INVESTIGATION.

26 Q. HOW ABOUT ANY EVIDENCE TECHNICIANS, WERE THEY

27 PRESENT?

28 A. KAREN LEALCALA.
5423
1 Q. DID YOU NOTICE ANY OTHER EVIDENCE TECHNICIAN FROM

2 OTHER THAN YOUR TEAM?

3 A. I DON’T RECALL THERE BEING ANY THERE. IT COULD

4 HAVE BEEN THAT I — I DON’T RECALL THAT THERE WERE.

5 Q. YOU DIDN’T TAKE ACCOUNT OF EVERYBODY THAT WAS

6 THERE, DID YOU?

7 A. NO. ACTUALLY, I THINK A ROSTER WENT AROUND FOR

8 PEOPLE TO SIGN UP WHO WAS PRESENT. ALMOST ALL THE BRIEFINGS I

9 HAD REGARDING THIS CASE ROSTERS WERE CIRCULATED.

10 Q. AND AFTER THE BRIEFING YOU WENT TO THE AREA OF MR.

11 WESTERFIELD’S HOUSE; IS THAT CORRECT?

12 A. WENT TO MR. WESTERFIELD’S HOUSE.

13 Q. WAS THERE A COMMAND POST SET UP IN THAT AREA?

14 A. YES, THERE WAS.

15 Q. AND WHERE WAS THAT COMMAND POST?

16 A. IT WAS APPROXIMATELY MAYBE THREE HUNDRED YARDS WEST

17 OF MR. WESTERFIELD’S HOUSE AT THE CORNER OF MOUNTAIN PASS ROAD

18 AND — THE NAME OF THE MAIN STREET THAT COMES IN OFF OF POWAY

19 ROAD ESCAPES ME, BUT IT WAS SOME DISTANCE, ABOUT A BLOCK FROM

20 MR. WESTERFIELD’S HOUSE.

21 Q. AND WHAT WAS THE PURPOSE OF THIS COMMAND POST?

22 A. TO GIVE OFFICERS A CENTRAL MEETING POINT AND A

23 PLACE TO BE DISBURSED FROM. THERE WAS A — OUR MOBILE COMMAND

24 POST UNIT THERE WERE SET UP THERE, THE RESTROOMS WERE SET UP.

25 Q. FROM CENTRAL COMMAND POST, THIS IS WHERE OFFICERS

26 AND DETECTIVES WERE SENT TO TO DO VARIOUS ASSIGNMENTS PERTAINING

27 TO THIS CASE; IS THAT CORRECT?

28 A. YES.
5424
1 Q. AND ALSO CRIMINALISTS ARE ALSO SAID TO HAVE VARIOUS

2 ASSIGNMENTS PERTAINING TO THIS CASE, WEREN’T THEY? I’M SORRY,

3 NOT CRIMINALISTS, EVIDENCE TECHNICIANS?

4 A. NO. THE EVIDENCE TECHNICIANS WOULD HAVE RESPONDED

5 WITH THE HOMICIDE TEAM OR SPECIFIC INVESTIGATORS. AS FAR AS

6 BEING DISPATCHED FROM THE COMMAND POST, I DOUBT IF THAT

7 HAPPENED.

8 Q. AND WAS THERE — THIS WAS A TRAILER, I TAKE IT?

9 A. IT’S A MOTOR HOME.

10 Q. MOTOR HOME? HOW BIG A MOTOR HOME IS IT?

11 A. A LARGE ONE. AT LEAST AS LARGE AS MR.

12 WESTERFIELD’S, PROBABLY EVEN BIGGER.

13 Q. HOW MANY PEOPLE AT A TIME WERE IN THIS MOTOR HOME?

14 A. I HAVE NO IDEA BECAUSE I WAS NOT THERE AT THE TIME

15 THAT THE COMMAND POST WAS ACTIVATED.

16 Q. HOW MANY TIMES WERE YOU IN THE COMMAND POST?

17 A. ACTUALLY, I WAS NEVER INSIDE THE COMMAND POST. THE

18 ONLY THING I MADE USE OF WAS THE RESTROOM.

19 Q. THAT WAS INSIDE THIS TRAILER?

20 A. NO. IT WAS PORTABLE OUTSIDE.

21 Q. AND THIS WAS A TRAILER EXCLUSIVELY FOR THE USE OF

22 LAW ENFORCEMENT?

23 A. THE RESTROOM?

24 Q. YES.

25 A. I SUPPOSE IF SOMEBODY NEEDED TO THEY COULD BUT IT

26 WAS SET UP FOR US. I ACTUALLY THINK IT BELONGS TO THE

27 DEPARTMENT.

28 Q. IT WASN’T THEN RESTRICTED TO JUST YOUR USE, ANYBODY
5425
1 COULD — COULD MEDIA USE IT IN THE AREA?

2 A. I SUPPOSE IF THEY HAD THE NEED THEY COULD. I DON’T

3 KNOW WHO — I WAS NOT INVOLVED IN THE SECURITY OF THE COMMAND

4 POST, SO I DON’T KNOW WHAT THEIR ORDERS WOULD HAVE BEEN.

5 Q. DO YOU KNOW WHAT PERIOD OF TIME THAT COMMAND POST

6 WAS PRESENT IN THAT LOCATION, SABER SPRINGS?

7 A. NO, I DON’T.

8 Q. YOU SAW IT THERE AT LEAST WHEN YOU ARRIVED, THOUGH?

9 A. IT WAS THERE THROUGHOUT THE WAY THAT WE WERE THERE,

10 WHICH WAS ON FEBRUARY 5 THERE.

11 Q. AND FOLLOWING THIS BRIEFING YOU WERE ASSIGNED TO

12 PROCESS MR. WESTERFIELD’S HOME AND THE MOTOR HOME; IS THAT

13 CORRECT?

14 A. HIS HOME, HIS MOTOR HOME, HIS R. V. TRAILER

15 CONTAINING A DUNE BUGGY AND A COUPLE QUAD RUNNERS.

16 Q. AND LEALCALA, WHO IS AN EVIDENCE TECHNICIAN, AND A

17 CRIMINALIST BY THE NAME OF ANNETTE PEER WERE ALSO ASSIGNED TO

18 YOU?

19 A. YES, THEY ASSISTED.

20 Q. YOU FIRST ARRIVED AT THE WESTERFIELD HOUSE AT ABOUT

21 2:15 IN THE MORNING?

22 A. APPROXIMATELY 2:15 A.M., YES.

23 Q. WELL, YOU FIRST ARRIVED THERE YOU CONTACTED MR.

24 WESTERFIELD AS HE WAS SEATED IN HIS S. U. V.?

25 A. I SAW HIM SEATED IN HIS S. U. V. I DID NOT

26 PERSONALLY CONTACT HIM. THERE WERE A COUPLE OF THE OTHER

27 DETECTIVES WITH OUR TEAM, WHICH THEY GOT INSIDE HIS S. U. V. AND

28 SAT WITH HIM INSIDE. I DIDN’T SPEAK WITH HIM.
5426
1 Q. THAT WAS DETECTIVES OTT AND KEYSER?

2 A. YES.

3 Q. AFTER YOU CONTACTED MR. WESTERFIELD, DID YOU AND

4 DETECTIVES OTT AND KEYSER AND MR. WESTERFIELD LEAVE HIS S. U.

5 V., THEN GO TO THE HOUSE?

6 A. DETECTIVES OTT AND KEYSER AND MR. WESTERFIELD WENT

7 INTO HIS HOME WITHIN TWO OR THREE MINUTES. IT WAS A VERY SHORT

8 TIME. DETECTIVE ALLDREDGE ARRIVED AT THE SCENE WITH A SIGNED

9 SEARCH WARRANT, WHICH AT THIS TIME I ENTERED THE HOUSE AND

10 PRESENTED THAT SEARCH WARRANT TO MR. WESTERFIELD.

11 Q. SO ARE YOU SAYING THAT YOU WAITED OUTSIDE UNTIL THE

12 SEARCH WARRANT ARRIVED OR DID YOU GO IN THE HOUSE?

13 A. NO. I WAITED OUTSIDE, BUT OTT AND KEYSER WENT IN

14 WITH MR. WESTERFIELD.

15 Q. AND YOU’D ALSO ALREADY RECEIVED A CONSENT TO SEARCH

16 FROM MR. WESTERFIELD?

17 A. YES, A SIGNED CONSENT TO SEARCH HIS HOME AND

18 VEHICLES.

19 Q. WHEN YOU WENT INTO MR. WESTERFIELD’S HOUSE THEN,

20 THERE WAS ALLDREGE, OTT, KEYSER AND MR. WESTERFIELD?

21 A. SERGEANT HOLMES, LEALCALA, PEER AND I BELIEVE FOR A

22 SHORT PERIOD OF TIME DETECTIVE HERGENROETHER WAS IN THERE WITH

23 US ALSO. AT ONE POINT OUR WHOLE TEAM WAS IN THE HOUSE.

24 Q. AND THIS WAS ABOUT WHAT TIME IN THE MORNING?

25 A. WE SERVED THE SEARCH WARRANT ON MR. WESTERFIELD I

26 NOTED AT 0228 HOURS, 2:28 A.M.

27 Q. THAT’S WHEN ALL THESE PEOPLE YOU’VE JUST DESCRIBED

28 TO US WERE PRESENT; IS THAT CORRECT?
5427
1 A. YES.

2 Q. WAS THIS — WERE YOU IN THE LIVING ROOM OF THIS

3 HOUSE?

4 A. MOSTLY I WAS STANDING IN THE FOYER, BETWEEN THE

5 FRONT DOOR AND THE LIVING ROOM. AT ONE POINT I WENT INTO THE

6 DINING ROOM AND THEN I WENT BACK TO THE FOYER.

7 MR. WESTERFIELD, DETECTIVE OTT, DETECTIVE KEYSER

8 WERE AT THE DINING ROOM SITTING AROUND AT A TABLE.

9 Q. I BELIEVE YOU TOLD US THE FIRST THING THAT YOU DID

10 WAS YOU BEGAN TO MOVE THROUGH THE HOUSE WITH MS. LEALCALA AND

11 ANNETTE PEER, OR JUST LEALCALA IN THE PHOTOGRAPH?

12 A. KAREN LEALCALA AND I WALKED THROUGH THE HOUSE,

13 PHOTOGRAPHED AS WE WENT THROUGH THE ROOMS AS WE PROCEEDED

14 THROUGH THE HOUSE. THIS IS WHEN THE SEARCH FORMERLY BEGAN AND

15 THAT’S BEGINNING ABOUT 3:00 A.M.

16 Q. YOU BEGAN IN THE LIVING ROOM?

17 A. YES.

18 Q. AND THEN THE TWO OF YOU PROCEED INTO THE FAMILY

19 ROOM?

20 A. YES.

21 Q. WAS IT JUST THE TWO OF YOU OR WERE THERE OTHER

22 MEMBERS OF YOUR TEAM ACCOMPANYING YOU?

23 A. I BELIEVE AT THAT TIME WAS — I KNOW ANNETTE PEER

24 WAS IN THE HOUSE, BUT I THINK SHE HELD BACK AND JUST STAYED IN

25 THE LIVING ROOM AREA. SERGEANT HOLMES WAS IN THE HOUSE. HE MAY

26 HAVE BEEN WITH US AS WE MOVED THROUGH PORTIONS OF THE HOUSE. I

27 DON’T RECALL HIM WITH US AS WE WENT UPSTAIRS. BUT I WAS

28 PRIMARILY PAYING ATTENTION AT THAT TIME TO WHAT WE WERE SEEING
5428
1 AND WHAT WE WERE LOOKING FOR.

2 Q. AND DOWNSTAIRS BESIDES THE FAMILY ROOM — BESIDES

3 THE LIVING ROOM THAT WE’VE ALREADY MENTIONED, YOU WENT THROUGH

4 THE FAMILY ROOM?

5 A. YES.

6 Q. THE DINING ROOM?

7 A. YES.

8 Q. THE KITCHEN?

9 A. YES.

10 Q. THE LAUNDRY ROOM?

11 A. YES.

12 Q. AND THE GARAGE?

13 A. CORRECT.

14 Q. THAT WAS BEFORE YOU PROCEEDED UPSTAIRS?

15 A. WITH ONE DEVIATION. WE DID GO UP AND PHOTOGRAPH

16 THE OFFICE OUT OF ORDER KNOWING THAT WE WERE GOING TO HAVE TO

17 CALL IN THE FORENSIC LABORATORY COMPUTER PEOPLE, SO WE WANTED

18 THAT ROOM TO BE AVAILABLE TO THEM WHEN THEY ARRIVED. SO WE TOOK

19 THAT OUT OF ORDER AND THEN CONTINUED ON WITH THE REST OF THE

20 HOUSE.

21 Q. THANK YOU, DETECTIVE.

22 YOU DID — DO YOU RECALL TAKING SOME PHOTOGRAPHS OF

23 THE LAUNDRY ROOM?

24 A. I DID NOT TAKE THE PHOTOGRAPHS BUT I WAS THERE AS

25 THEY WERE BEING TAKEN.

26 Q. DO YOU RECALL SEEING THEM IN HERE IN COURT —

27 A. YES.

28 Q. — EARLIER TODAY?
5429
1 DO YOU KNOW WHERE THEY ARE?

2 A. THE PILE UNDER NO. 10 THERE.

3 Q. REFERRING TO EXHIBIT 45, I’LL TRY NOT TO GET THIS

4 THING TANGLED UP.

5 A. CAN I HELP? OH —

6 Q. YES, YOU CAN. CAN YOU GET DOWN HERE A SECOND? I

7 THINK IF YOU HOLD THIS WHILE I TAKE THIS DOWN, NOT HITTING ANY

8 OF THE JURORS.

9 DOES THAT APPEAR TO BE A LAUNDRY ROOM INSIDE MR.

10 WESTERFIELD’S HOUSE?

11 A. YES.

12 Q. AND WERE YOU PRESENT WHEN THOSE PHOTOS WERE TAKEN?

13 A. YES.

14 Q. WAS THE LAUNDRY IN THAT CONDITION WHEN YOU FIRST

15 ARRIVED?

16 A. I BELIEVE PHOTOGRAPH “A” DEPICTS THE LAUNDRY AS WE

17 FOUND IT, BECAUSE THERE ARE NO PLACARDS THERE THAT WE HAVE MADE

18 ANY ALTERATIONS.

19 IN PHOTOGRAPHS “A” AND “B”, THE PLACARDS ARE THERE,

20 DOORS ARE OPEN THAT WEREN’T OPEN BEFORE. BUT BASICALLY I WOULD

21 HAVE TO SAY THE WAY WE INITIALLY SAW IT.

22 Q. WHEN YOU SAY THERE ARE DOORS THAT WERE OPEN THAT

23 WEREN’T OPEN BEFORE, WHAT DO YOU MEAN?

24 A. SPECIFICALLY THE DOOR TO THE DRYER ON WHICH ITEM

25 NO. 7 IS LOCATED AND PHOTOGRAPH “B”.

26 Q. THEN SOME — YOU’RE SAYING THAT SOMEONE APPARENTLY

27 OPENED THE DRYER AND WENT THROUGH THE DRYER BUT CLEANED BETWEEN

28 THE TIME PHOTOGRAPH “A” WAS TAKEN AND PHOTOGRAPH “B” WAS TAKEN?
5430
1 A. THEY OPENED THE DRYER TO EXPOSE THE CONTENTS BUT

2 DIDN’T GO THROUGH IT.

3 Q. OKAY. AND IN PHOTOGRAPH “C”, WHAT IS THAT?

4 A. THAT’S THE CONTENTS OF THE WASHING MACHINE AS WE

5 FOUND IT. AND I CAN’T HONESTLY SAY WHEN WE WALKED IN IF THE LID

6 WERE OPEN OR CLOSED. I’M GUESSING THAT PHOTOGRAPH “A” DEPICTS

7 AS WE FOUND IT, THOUGH.

8 Q. WHAT ABOUT PHOTOGRAPH “D”?

9 A. PHOTOGRAPH “D” IS A PILE OF LAUNDRY THAT WAS ON TOP

10 OF THE DRYER, AND THAT WAS FOUND IN THAT CONDITION.

11 Q. AND IN — IS THERE A PHOTOGRAPH “E” THERE, TOO?

12 A. PHOTOGRAPH “E” IS THE CONTENTS OF THE DRYER DRUM.

13 Q. THANK YOU.

14 AND DID YOU NEXT GO TO THE GARAGE, OR HAD YOU

15 ALREADY BEEN TO THE GARAGE WHEN YOU WENT IN THE LAUNDRY ROOM?

16 A. NO. WE WENT FROM THE LAUNDRY ROOM UPSTAIRS AND WE

17 FINISHED UP IN THE GARAGE.

18 Q. AND WHEN YOU SAY “WE”, YOU’RE REFERRING TO YOU AND

19 MS. LEALCALA?

20 A. YES.

21 MR. BOYCE: YOUR HONOR, WOULD THIS BE A GOOD TIME?

22 THE COURT: SURE WOULD.

23 ALL RIGHT. LADIES AND GENTLEMEN, WE ARE GOING TO

24 BREAK FOR THE EVENING. WE’RE GOING TO BE ABLE TO GET IN A FULL

25 DAY TOMORROW.

26 PLEASE REMEMBER THE ADMONITION OF THE COURT NOT TO

27 DISCUSS ANY OF THE EVIDENCE OR TESTIMONY AMONG YOURSELVES OR

28 WITH OTHERS, NOR FORM OR EXPRESS ANY OPINIONS ON THE MATTER
5431
1 UNTIL IT IS SUBMITTED TO YOU FOR DECISION.

2 HOPEFULLY THE PADS CAN KEEP THEIR AMERICAN LEAGUE

3 TOUR GOING, AND WE’LL SEE YOU ALL AT 9 O’CLOCK TOMORROW MORNING.

4 HAVE A SAFE EVENING. WE’LL SEE YOU TOMORROW AT

5 9:00.

6 (AT 4:30 P.M. THE JURY WAS EXCUSED
AND THE FOLLOWING PROCEEDINGS WERE HAD:)
7

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

9 AND ALTERNATES HAVE LEFT THE COURTROOM.

10 COUNSEL, I BEGIN TO NOTICE SOMETHING THAT HAS A

11 POTENTIAL FOR BEING A PROBLEM. I JUST WANT TO GIVE YOU A HEADS

12 UP. SOME OF THE EXHIBITS ARE BECOMING QUITE DOG-EARED,

13 INCLUDING PHOTOGRAPHS BEING TORN IN SOME AREAS. SO I URGE YOU

14 TO BE VERY CAREFUL WITH THEM.

15 MORE IMPORTANT THAN THAT, HOWEVER, 40 AND 41 NOW

16 HAVE ITEMS ON THEM THAT, GOD WILLING, WILL STAY THERE. HOWEVER,

17 I WOULD SUGGEST THAT THOSE TWO EXHIBITS BE KEPT APART FROM THE

18 REST ‘CAUSE ALL IT’S GOING TO TAKE A SLIDING ONE EXHIBIT DOWN IN

19 FRONT OF THEM AND IT’S GOING TO POP EVERYTHING OFF.

20 WAS THAT MR. CLARKE’S IDEA?

21 MR. DUSEK: YES, IT WAS.

22 THE COURT: MR. CLARKE, I’M GOING TO PUT YOU IN CHARGE

23 THEN OF FIGURING OUT A WAY TO INSURE THAT THOSE STAY ON THERE,

24 AND ALSO THAT THOSE TWO EXHIBITS JUST BASICALLY BE SEGREGATED IN

25 AN AREA OF THE COURTROOM WHERE THEY’RE NOT GOING TO COME IN

26 CONTACT WITH THE OTHER EXHIBITS.

27 MR. CLARKE: I THOUGHT IT WAS A RATHER GRAND IDEA, YOUR

28 HONOR.
5432
1 THE COURT: WELL, IT WILL BE A GRAND IDEA UNTIL ONE OF

2 THEM FALLS OFF, AND THEN WE HAVE TO FIGURE OUT WHERE IT GOES.

3 MR. CLARKE: WOULD IT BE ACCEPTABLE TO SIMPLY PUT TAPE

4 OVER THEM?

5 THE COURT: TAPE WOULD BE FINE UNLESS YOU WANT TO PUT

6 SOME KIND OF ADHESIVE ON THEM, IF YOU WANT TO TAKE THEM OFF AND

7 PUT THEM BACK ON WITH SOME ADHESIVE OF SOME KIND.

8 ANYTHING WE NEED TO TAKE UP IN THE MORNING BEFORE

9 THE JURY COMES IN AT 9:00?

10 MR. DUSEK: NO.

11 THE COURT: ALL RIGHT. JUST BE HERE A FEW MINUTES BEFORE

12 THE JURY COMES IN.

13 WE’LL BE IN RECESS UNTIL TOMORROW MORNING.

14

15 (AT 4:32 P.M. AN ADJOURNMENT WAS TAKEN
UNTIL 9:00 A.M. WEDNESDAY, JUNE 19, 2002.)
16
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36 - Day 10- June 19th 2002 - Transcript criminal trial David Westerfield
34 - Day 9- June 18th 2002 - Transcript criminal trial David Westerfield