37 – Day 10- June 19th 2002 – Transcript criminal trial David Westerfield

TRIAL DAY 10 – PART 2 – morning 2
SAN DIEGO, CALIFORNIA, WEDNESDAY, JUNE 19, 2002 (morning 2)


WITNESS:
Karen Lealcala (forensic specialist, collected evidence at Westerfield’s home and RV – Exam continued and cross-exam)


1 THE COURT: WELCOME BACK, LADIES AND GENTLEMEN.

2 ALL RIGHT. MR. CLARKE.

3

4 MR. CLARKE: THANK YOU, YOUR HONOR.

5 Q. MS. LEALCALA, I THINK WE LEFT OFF WHERE YOU HAD

6 DESCRIBED THAT YOU HAD COLLECTED SOME KNOWN CARPET SAMPLES FROM

7 THE WESTERFIELD RESIDENCE, IS THAT RIGHT?

8 A. YES.

9 Q. I’M GOING TO SHOW YOU A DIAGRAM THAT’S BEEN MARKED

10 EXHIBIT 43 AND ASK YOU, CAN YOU TELL US FROM WHAT LOCATION ON

11 THE DIAGRAM THAT YOU OBTAINED THESE CARPET SAMPLES?

12 A. YES.

13 Q. ALL RIGHT.

14 PERHAPS YOU CAN DO IT WITH THE POINTER?

15 A. (WITNESS COMPLYING.)

16 Q. I’M SORRY. YOU’RE REFERRING TO AN AREA ON THE

17 DIAGRAM EXHIBIT 43 THAT APPEARS TO BE AT THE EXTREME LEFT SIDE

18 OF THE LIVING ROOM IMMEDIATELY BELOW WHAT’S ENTITLED CABINET, IS

19 THAT RIGHT?

20 A. IT’S NEXT TO THE CABINET.

21 Q. NEXT TO THE CABINET? YOU’RE POINTING TO WHAT LOOKS

22 LIKE A POTTED PLANT?

23 A. YES. THAT DIAGRAM SHOWS THAT THERE’S A PLANT

24 THERE.

25 Q. AND IT WAS THAT GENERAL AREA THAT YOU OBTAINED

26 THESE KNOWN FIBER SAMPLES FROM THE CARPET?

27 A. IT WOULD HAVE BEEN UNDERNEATH THERE, YES.

28 Q. DID YOU LABEL AND APPROPRIATELY PACKAGE AND
5504
1 PRESERVE THOSE ITEMS?

2 A. YES, I DID.

3 Q. WHAT ITEM NUMBER DID YOU GIVE THEM?

4 A. ITEM NO. 25.

5 Q. DID YOU COLLECT OTHER EVIDENCE WHILE YOU WERE AT

6 THAT HOUSE AT THAT PARTICULAR DAY AND TIME?

7 A. YES, I DID.

8 Q. NOW, I’D LIKE TO DRAW YOUR ATTENTION IF I COULD TO

9 LATER THE SAME DAY. WERE YOU DIRECTED TO GO TO A PARTICULAR

10 MOTOR HOME?

11 A. YES, I WAS.

12 Q. WHAT TIME OF THE DAY?

13 A. IF I LOOK AT MY NOTES I COULD TELL YOU THAT.

14 Q. ALL RIGHT.

15 A. I ARRIVED THERE AT 3:30 IN THE AFTERNOON, THE

16 LOCATION WHERE THE MOTOR HOME WAS.

17 Q. DO YOU RECALL WHERE THAT WAS?

18 A. YES. IT WAS ON SKY RIDGE ROAD.

19 Q. WAS IT A MOTOR HOME THAT YOU WERE ASKED TO EXAMINE

20 FOR THE PRESENCE OF EVIDENCE THAT MAY BE USEFUL IN THE

21 INVESTIGATION OF THIS PARTICULAR CASE?

22 A. YES.

23 Q. I ASSUME YOU WENT INSIDE THE MOTOR HOME?

24 A. NOT AT THAT TIME, NO.

25 Q. WHAT DID YOU DO?

26 A. I PHOTOGRAPHED THE OUTSIDE AND I DID COLLECT A FEW

27 PIECES OF EVIDENCE FROM THE EXTERIOR OF THE MOTOR HOME.

28 ///
5505
1 (MARKED FOR ID: = TRIAL EX. 108 – PHOTOBOARD/5

2 PHOTOS OF MOTOR HOME.)

3 MR. CLARKE: YOUR HONOR, I’VE HAD MARKED AS EXHIBIT 108

4 AN ADDITIONAL PHOTOBOARD CONSISTING OF FIVE PHOTOGRAPHS LABELED

5 “A” THROUGH “E” LABELED AT THE TOP “1997 SOUTHWIND MOTOR HOME

6 ROMAN NUMERAL 5.”

7 THE COURT: ALL RIGHT.

8

9 BY MR. CLARKE:

10 Q. MS. LEALCALA, I’D ASK YOU TO TAKE A LOOK AT THIS

11 PARTICULAR PHOTOBOARD NO. 108. YOU’VE HAD A CHANCE TO SEE THESE

12 PHOTOGRAPHS EARLIER ON THIS BOARD?

13 A. YES. I BELIEVE I SAW THOSE PHOTOS EARLIER.

14 Q. ARE THESE PHOTOGRAPHS THAT YOU TOOK?

15 A. YES.

16 Q. IN PARTICULAR FOR NOW, WHAT I’D LIKE TO DO IS REFER

17 YOU TO A PHOTOGRAPH LABELED “A”. DO YOU SEE THAT?

18 A. YES.

19 Q. IS THAT A PHOTOGRAPH THAT YOU TOOK FROM THE

20 EXTERIOR OF THE MOTOR HOME?

21 A. YES.

22 Q. WHAT DOES IT SHOW?

23 A. PHOTOGRAPH “A” SHOWS A PICTURE OF A SHOVEL, AND I

24 BELIEVE IT’S ON TOP OF A WOODEN CHAIR.

25 Q. WHERE WAS THE SHOVEL LOCATED AND CHAIR?

26 A. ON THE EXTERIOR OF THE MOTOR HOME THERE’S HATCHES

27 THAT OPEN UP AND THAT WAS INSIDE ONE OF THE HATCHES.

28 Q. IT APPEARS TO HAVE A SIGN ON IT 50; IS THAT
5506
1 CORRECT?

2 A. YES.

3 Q. IS THAT AN ITEM NUMBER THAT YOU ASSIGNED THAT

4 PARTICULAR SHOVEL?

5 A. YES, IT IS.

6 Q. JUST SO WE’RE CLEAR, AND I THINK DORIE SAVAGE SPOKE

7 ABOUT THIS YESTERDAY, AS FAR AS PROPERTY TAG NUMBERS, DID YOU

8 ASSIGN ITEM NUMBERS TO A SPECIFIC PROPERTY TAG NUMBER?

9 A. YES.

10 Q. WHAT WAS THAT PROPERTY TAG NUMBER FOR THE ITEMS

11 THAT YOU COLLECTED?

12 A. 850152.

13 Q. DID YOU ASSIGN ANY ITEM NUMBERS OR COLLECT EVIDENCE

14 UNDER THE PROPERTY TAG 850125?

15 A. NO.

16 Q. NOW, I BELIEVE YOU WERE TALKING ABOUT THE EXTERIOR

17 OF THE MOTOR HOME. PERHAPS YOU COULD REFER US TO PHOTOGRAPH

18 “B”. WHAT’S SHOWN THERE?

19 A. THAT’S ANOTHER COMPARTMENT OR HATCH ON THE EXTERIOR

20 OF THE MOTOR HOME. IT’S SHOWING SOME COOLERS, A ROLL OF TRASH

21 BAGS AND LOOKS LIKE CUSHIONS THERE.

22 Q. ALL RIGHT.

23 DID THERE COME A TIME WHEN YOU ACTUALLY WENT INSIDE

24 THE MOTOR HOME TO PROCESS IT FOR EVIDENCE AS WELL?

25 A. YES.

26 Q. DID THAT OCCUR IN SHORT ORDER TO YOUR EXTERIOR

27 EXAMINATION? WAS IT BROKEN UP? WHAT? HOW QUICKLY DID YOU GO

28 INSIDE IS WHAT I’M REALLY ASKING?
5507
1 A. I ENTERED THE MOTOR HOME I BELIEVE FIRST BEFORE I

2 WENT TO THESE COMPARTMENTS.

3 Q. ALL RIGHT.

4 WAS YOUR INTERNAL OR INSIDE EXAMINATION OF THE

5 MOTOR HOME ON THIS DAY THAT WE’RE TALKING ABOUT WHERE YOU SAW

6 THE SHOVEL OR A DIFFERENT DAY?

7 A. WELL, I ENTERED THE MOTOR HOME ON A NUMBER OF

8 DIFFERENT DAYS.

9 Q. OKAY.

10 DID YOU ENTER IT ON THIS FIRST VISIT THAT YOU

11 DESCRIBED AFTER YOU LEFT THE WESTERFIELD HOME AND WENT TO SKY

12 RIDGE?

13 A. I DID NOT ENTER IT ON SKY RIDGE, NO.

14 Q. ALL RIGHT.

15 TO YOUR KNOWLEDGE, IN YOUR PRESENCE DID ANYONE

16 ENTER THE HOME THAT — MOTOR HOME THAT DAY?

17 A. POSSIBLY A DETECTIVE, I’M NOT SURE.

18 Q. DID YOUR ENTRY OF THE MOTOR HOME THEN OCCUR ON A

19 DIFFERENT DAY?

20 A. YES.

21 Q. WHEN WAS THAT?

22 A. THE FIRST DAY I ENTERED THE MOTOR HOME I BELIEVE

23 WAS FEBRUARY 6. IF I LOOK AT MY REPORT I COULD TELL YOU FOR

24 SURE.

25 Q. ALL RIGHT. COULD YOU DO THAT?

26 A. (WITNESS COMPLYING.)

27 YES. FEBRUARY 6 IS THE DAY I FIRST ENTERED THE

28 MOTOR HOME.
5508
1 Q. AT APPROXIMATELY WHAT TIME?

2 A. IT WOULD HAVE BEEN AT 8:05 IN THE MORNING.

3 Q. WHERE WAS THE MOTOR HOME LOCATED AT THAT TIME?

4 A. AT THE SAN DIEGO POLICE DEPARTMENT’S VEHICLE

5 IMPOUND GARAGE.

6 Q. DID YOU THEN BEGIN COLLECTING EVIDENCE AT THAT

7 LOCATION ON THAT DATE AND TIME?

8 A. YES.

9 Q. DID YOU SEIZE A NUMBER OF ITEMS OF EVIDENCE?

10 A. YES, I DID.

11 Q. IN PARTICULAR, DID THE EVIDENCE THAT YOU OBTAIN

12 INCLUDE A BEDSPREAD FROM THE MOTOR HOME ITSELF?

13 A. YES, WE DID COLLECT A BEDSPREAD.

14 Q. IF I CAN REFER YOU TO WHAT’S BEEN MARKED EXHIBIT

15 51, SOUTHWIND MOTOR HOME ROMAN NUMERAL III, AS IT’S TITLED AT

16 THE TOP.

17 HAVE YOU HAD A CHANCE TO LOOK AT THAT PARTICULAR

18 EXHIBIT?

19 A. YES.

20 Q. IS THAT THE BED — AND I’M REFERRING YOU NOW TO,

21 AND IF YOU COULD TAKE A LOOK AT, IN PARTICULAR, PHOTOGRAPHS “A,”

22 “B” AND “C”.

23 DOES THAT APPEAR TO SHOW THE ACTUAL BED INSIDE THE

24 MOTOR HOME IN THE MASTER BEDROOM AREA?

25 A. YES, IT DOES.

26 Q. DID IT HAVE A BEDSPREAD ON IT WHEN YOU WENT IN THE

27 MOTOR HOME DURING THE MORNING HOURS OF YOUR INITIAL INTERIOR

28 SEARCH?
5509
1 A. YES.

2 Q. DID YOU SEIZE THAT BEDSPREAD?

3 A. I BELIEVE I DID.

4 Q. ALL RIGHT.

5 WOULD IT REFRESH YOUR RECOLLECTION TO LOOK AT YOUR

6 NOTES THAT YOU HAVE IN FRONT OF YOU?

7 A. YES.

8 Q. ALL RIGHT. PLEASE DO SO.

9 A. I DON’T RECALL THE ITEM NUMBER, SO I’M TRYING TO

10 FIND IT.

11 Q. ALL RIGHT. MAYBE I CAN SHORTEN IT A LITTLE BIT. I

12 THINK IT MAY BE ITEM NO. 48?

13 A. YES. IT IS ITEM NO. 48.

14 Q. DID YOU COLLECT THAT BEDSPREAD, PACKAGE IT AND

15 LABEL IT ACCORDINGLY?

16 A. YES, I DID.

17 Q. DID YOU COLLECT OTHER ITEMS OF EVIDENCE THAT DAY IN

18 THE MOTOR HOME?

19 A. YES.

20 Q. DID YOU RETURN TO THE MOTOR HOME ON ANOTHER DATE AS

21 WELL?

22 A. I DID.

23 Q. WHEN WAS YOUR NEXT ENTRY OF THE MOTOR HOME?

24 A. THAT WAS THE FOLLOWING DAY ON FEBRUARY THE 7TH.

25 Q. AT APPROXIMATELY WHAT TIME?

26 A. WOULD HAVE BEEN 1110 HOURS IN THE MORNING.

27 Q. ON THAT OCCASION DID YOU COLLECT EVIDENCE FROM

28 AREAS THAT INCLUDED CARPETING?
5510
1 A. I WAS THERE ON A NUMBER OF DIFFERENT DAYS, SO I’M

2 TRYING TO REFRESH MY MEMORY WHICH DAYS I COLLECTED WHICH ITEMS.

3 Q. ALL RIGHT. IF I CAN DIRECT YOUR ATTENTION BACK TO

4 ONE OF THE BOARDS I THINK THAT WE JUST HAD UP THERE, WHAT’S BEEN

5 MARKED EXHIBIT 108, AND IF I CAN ASK YOU TO LOOK AT PHOTOGRAPH

6 “C”, “D” AND “E”. DO THOSE APPEAR TO SHOW AREAS OF THE

7 CARPETING OF THE MOTOR HOME?

8 A. YES.

9 Q. DID YOU COLLECT EVIDENCE FROM ANY LOCATIONS SHOWN

10 IN PHOTOGRAPHS — AND LET’S START WITH “C” AND “D”?

11 A. YES, I DID.

12 Q. ALL RIGHT.

13 CAN YOU DESCRIBE WHAT WAS COLLECTED FROM THAT

14 PARTICULAR LOCATION?

15 A. IN PHOTOGRAPH “C” AND “D”?

16 Q. YES.

17 A. ONCE AGAIN, I’M TRYING TO REFER TO THE ITEM NUMBER

18 SO I CAN GIVE YOU AN EXACT DESCRIPTION OF WHAT I COLLECTED. IT

19 LOOKS LIKE IT WAS 59 AND 60.

20 I USED TAPE LIFTS TO COLLECT TRACE EVIDENCE ON THE

21 CARPET.

22 Q. FROM THE CARPET ITSELF?

23 A. YES.

24 Q. WE’VE HEARD TESTIMONY ABOUT BASICALLY PADS THAT

25 HAVE ADHESIVE SURFACES ON THEM THAT YOU CAN BASICALLY PUT DOWN

26 ONTO A SURFACE AND ANY EVIDENCE THERE MAY ADHERE TO IT, IS THAT

27 RIGHT?

28 A. YES.
5511
1 Q. IS THAT WHAT YOU USED?

2 A. YES, IT IS.

3 Q. ALL RIGHT.

4 IN PARTICULAR, CAN YOU TELL US ABOUT THE AREA

5 THAT’S LOCATED — OR I’M SORRY — DESCRIBED AS 60 IN PHOTOGRAPH

6 “C” AND “D”?

7 A. YOU WANT ME TO DESCRIBE THAT LOCATION?

8 Q. WHAT YOU DID THERE AND WHERE IT IS, YES.

9 A. OKAY. THE CARPETING RUNS ALONG THE SIDE OF THE BED

10 IN THE MOTOR HOME, AND IT WOULD HAVE BEEN ON THE DRIVER’S SIDE

11 OF THE MOTOR HOME AND DIRECTLY IN FRONT OF A SMALL CABINET ON

12 THE SIDE OF THE BED.

13 Q. SO THIS IS ON THE DRIVER’S SIDE OF THE BED; IS THAT

14 CORRECT?

15 A. YES.

16 Q. IMMEDIATELY IN FRONT OF I GUESS SORT OF A NIGHT

17 STAND OR CABINET RIGHT NEXT TO THE BED AT APPROXIMATELY THE BED

18 LEVEL; IS THAT CORRECT?

19 A. YES.

20 Q. ALL RIGHT. AND YOU USED A TAPE LIFT THERE?

21 A. YES, I DID.

22 Q. FROM AREA NO. 60?

23 A. YES.

24 Q. AND DID YOU COLLECT, LABEL AND PRESERVE THAT AS

25 ITEM NO. 60 —

26 A. YES, I DID.

27 Q. — FOR LATER EXAMINATION?

28 A. YES.
5512
1 Q. I THINK YOU ALSO TALKED ABOUT ANOTHER NUMBER, ITEM

2 59. WAS THAT IN PHOTOGRAPH “C”?

3 A. YES. IT’S IN PHOTOGRAPH “C”.

4 Q. WHAT DID YOU DO THERE?

5 A. I ALSO USED ANOTHER TAPE LIFT TO LIFT TRACE

6 EVIDENCE OFF THE CARPETING BETWEEN THE BED AND THAT SMALL

7 CABINET THAT’S ON THE FLOOR OR NIGHTSTAND.

8 Q. IT WAS STILL ON THE ACTUAL CARPETING AS OPPOSED TO

9 ON THE BED ITSELF?

10 A. YES.

11 Q. DID YOU COLLECT OTHER EVIDENCE ON THIS OCCASION AS

12 WELL FROM INSIDE THE MOTOR HOME?

13 A. YES, I DID.

14 Q. NOW, I’D LIKE TO TURN YOUR ATTENTION IF I COULD TO

15 THE NEXT DAY, FEBRUARY 8TH.

16 DID YOU CONDUCT A FURTHER SEARCH OF THE MOTOR HOME?

17 A. YES, I DID.

18 Q. IN PARTICULAR, IF I CAN DIRECT YOUR ATTENTION TO —

19 I’M SORRY — PHOTOGRAPH “E” ON EXHIBIT 108, CAN YOU TELL US WHAT

20 AREA OF THE MOTOR HOME THAT SHOWS?

21 A. THIS OTHER AREA IS A HALLWAY THAT’S NEXT TO THE

22 BATHROOM.

23 Q. CAN YOU TELL US FROM THE CAMERA MAN’S ANGLE, CAMERA

24 WOMAN’S ANGLE WHAT ARE WE LOOKING TOWARDS, THE FRONT OR THE BACK

25 OF THE MOTOR HOME?

26 A. YOU’D BE LOOKING TOWARDS THE FRONT OF THE MOTOR

27 HOME.

28 Q. THERE APPEARS TO BE ONE OF THOSE YELLOW SIGNS AT A
5513
1 DISTANCE IN PHOTOGRAPH “E” ON 108; IS THAT CORRECT?

2 A. YES.

3 Q. CAN YOU TELL THE NUMBER OF THAT SIGN? AND IF IT

4 WILL HELP, YOU CAN GO UP AND TAKE A LOOK CLOSER AT IT. THERE IS

5 A LITTLE BIT OF OBSTACLE WITH ALL OF THOSE BOARDS.

6 A. IT LOOKS LIKE ITEM 74.

7 Q. IS THAT AN ITEM NUMBER THAT REFLECTS EVIDENCE THAT

8 YOU COLLECTED FROM THAT HALLWAY CARPET?

9 A. IT MAY BE THE CARPET ITSELF. YES, THE ACTUAL

10 CARPET ITSELF.

11 Q. LET’S TALK ABOUT THAT. WHEN YOU SAY THE “ACTUAL

12 CARPET” WHAT DO YOU MEAN?

13 A. I COLLECTED THAT CARPET. I HOLD IT UP FROM THE

14 FLOOR.

15 Q. HOW MUCH OF THE CARPET — AND PERHAPS THE

16 PHOTOGRAPH “E” CAN HELP YOU DESCRIBE HOW MUCH OF THE CARPET YOU

17 LITERALLY REMOVED.

18 A. EVERYTHING YOU CAN SEE THERE.

19 Q. ALL RIGHT.

20 A. THE WHOLE CARPET.

21 Q. YOU JUST REMOVED IT FROM ADHESIVE OR STRIPS OR

22 WHATEVER WAS HOLDING IT?

23 A. YES. DETECTIVE TOMSOVIC AND I ACTUALLY PULLED IT

24 UP.

25 Q. AND YOU REMOVED IT?

26 A. YES.

27 Q. AND DID YOU LABEL IT AND PRESERVE THAT ITEM FOR

28 LATER ANALYSIS?
5514
1 A. YES.

2 Q. DID YOUR ALSO SEARCH IN THIS PROCESS THE BATHROOM

3 AREA OF THE MOTOR HOME?

4 A. YES.

5 Q. I’D LIKE TO SHOW YOU A PHOTOBOARD THAT’S BEEN

6 PREVIOUSLY MARKED, AND ACTUALLY PERHAPS WE CAN START WITH

7 EXHIBIT 51. DO ANY OF THE PHOTOGRAPHS “A” THROUGH “E” ON 51

8 SHOW THE BATHROOM AREA OF THE MOTOR HOME?

9 A. YES, PHOTOGRAPHS “D” AND “E”.

10 Q. IS THE BATHROOM BEHIND A CURTAIN OF SOME SORT?

11 A. THERE IS A CURTAIN THERE, YES.

12 Q. AND DO YOU KNOW IF THAT CURTAIN CAN BE OPEN OR

13 CLOSED AS DESIRED?

14 A. YES. IT CAN DRAW ACROSS ON THE CURTAIN ROD AND

15 CLOSE OFF THE BATHROOM.

16 Q. SHOWING YOU NOW A PHOTOBOARD THAT’S BEEN MARKED

17 PREVIOUSLY AS EXHIBIT 94, HAVE YOU HAD A CHANCE TO LOOK AT THOSE

18 PHOTOGRAPHS EARLIER TODAY?

19 A. YES, I HAVE.

20 Q. WHAT DO THEY SHOW?

21 A. THEY SHOW THE SHOWER STALL AND THE BATHROOM

22 Q. DID YOU COLLECT ANY EVIDENCE FROM WHAT LOOKS LIKE A

23 SINK SHOWN IN PHOTOGRAPHS “B” AND “E” OF EXHIBIT 94?

24 A. YES.

25 Q. DID YOU FIND SOMETHING IN THAT SINK?

26 A. IN THE SINK ITSELF? IN THE BASIN OR ARE YOU —

27 Q. ANYWHERE INSIDE THE SINK ITSELF?

28 A. I RECALL COLLECTING A SPONGE. I DON’T REMEMBER IF
5515
1 IT WAS ON THE SINK OR THE COUNTER TOP.

2 Q. ALL RIGHT.

3 DID YOU FIND ANY HAIRS?

4 A. YES.

5 Q. ALL RIGHT.

6 CAN YOU TELL US ABOUT THAT, PLEASE?

7 A. YES. IF I’LL REFER TO MY NOTES IT WOULD REFRESH MY

8 MEMORY.

9 Q. PLEASE DO.

10 A. ONCE AGAIN, I HAVE TO LOOK FOR IT BECAUSE I DON’T

11 REMEMBER WHAT ITEM NUMBER IT WAS.

12 Q. ALL RIGHT.

13 A. I DID COLLECT HAIR FROM THE BATHROOM SINK BASIN

14 DRAIN.

15 Q. WHEN YOU SAY THE “BATHROOM SINK BASIN DRAIN” CAN

16 YOU TELL US SPECIFICALLY WHERE YOU MEAN?

17 A. IN PHOTOGRAPH “E” YOU CAN SEE WHERE THE DRAIN IS

18 INSIDE THE BASIN OF THE SINK, AND I WOULD HAVE COLLECTED THE

19 HAIR FROM THAT AREA.

20 Q. SO FROM THE AREA OF WHERE THE DRAIN IS IN THE

21 CENTER OF THAT SINK AS SHOWN IN PHOTOGRAPH “E” NEAR THE SURFACE

22 OR ON THE SURFACE OF THE SINK ITSELF? WHAT CAN YOU TELL US?

23 A. IT WOULD HAVE BEEN IN THE DRAIN AREA IN THE CENTER

24 OF THE SINK.

25 Q. HOW DID YOU COLLECT IT?

26 A. I WOULD HAVE PROBABLY USED TWEEZERS IF I COULDN’T

27 PICK IT UP WITH MY GLOVED HANDS.

28 Q. DID YOU PACKAGE AND PRESERVE THAT HAIR?
5516
1 A. YES. I WOULD HAVE PUT IT INSIDE A PAPER BINDLE.

2 Q. ALL RIGHT.

3 MS. LEALCALA, DID YOU ALSO, WHILE YOU WERE IN THE

4 MOTOR HOME ON THIS OCCASION, TAKE ANY LATENT FINGERPRINTS? THAT

5 IS, PRESERVE ANY LATENT FINGERPRINTS THAT YOU OBSERVED?

6 A. YES.

7 Q. LET ME GO BACK TO THE SINK HAIR.

8 DID YOU ASSIGN AN ITEM NUMBER TO IT?

9 A. YES, I DID.

10 Q. WHAT WAS THAT?

11 A. ITEM NO. 77.

12 Q. ALL RIGHT.

13 GOING BACK NOW TO FINGERPRINTS, WERE YOU ABLE TO

14 OBTAIN ANY LATENT FINGERPRINTS FROM INSIDE THE MOTOR HOME?

15 A. YES, I DID.

16 Q. DID THAT INCLUDE FROM THE REAR OR MASTER BEDROOM

17 AREA OF THE MOTOR HOME?

18 A. YES.

19 (MARKED FOR ID: = TRIAL EX. 109, ENV/6 LATENT PRINTS)

20 MR. CLARKE: YOUR HONOR, I’VE HAD MARKED AS EXHIBIT 109

21 WHAT APPEARS TO BE AN ENVELOPE.

22 MR. FELDMAN: COUNSEL.

23 MR. CLARKE: LABELED ON THE ENVELOPE “LATENT PRINT USE

24 ONLY” AND A NUMBER OF OTHER NOTATIONS.

25 MR. FELDMAN: THANK YOU.

26

27 BY MR. CLARKE:

28 Q. MS. LEALCALA, I’D LIKE TO SHOW YOU WHAT’S BEEN
5517
1 MARKED NOW EXHIBIT 109 AND ASK IF THAT ITEM APPEARS FAMILIAR TO

2 YOU.

3 A. YES, IT DOES.

4 Q. WHAT IS IT?

5 A. IT’S A LATENT PRINT ENVELOPE.

6 Q. DOES IT HAVE ANY — YOUR INITIALS ON THAT

7 PARTICULAR ITEM?

8 A. MY NAME IS ON THERE, YES.

9 Q. WHAT’S INSIDE THAT ENVELOPE BEFORE WE HAVE YOU OPEN

10 IT?

11 A. THE LATENT PRINT CARDS.

12 Q. ALL RIGHT.

13 MR. FELDMAN: EXCUSE ME, YOUR HONOR.

14

15 BY MR. CLARKE:

16 Q. ALL RIGHT.

17 MS. LEE ALCALA, DO YOU HAVE THAT KNIFE UP THERE

18 STILL?

19 A. YES, I DO.

20 Q. ALL RIGHT.

21 COULD YOU THEN OPEN THAT ENVELOPE, WHAT’S BEEN

22 MARKED COURT’S EXHIBIT 109?

23 A. (WITNESS COMPLYING.)

24 Q. ALL RIGHT.

25 CAN YOU DESCRIBE WHAT THE CONTENTS ARE OF EXHIBIT

26 109?

27 A. YES. THERE ARE LATENT LIFT CARDS.

28 Q. I’M SORRY?
5518
1 A. THEY ARE LATENT PRINT CARDS.

2 Q. ARE THESE CARDS THAT YOU CREATED FROM YOUR

3 EXAMINATION OF THE INTERIOR OF THE MOTOR HOME?

4 A. YES, THEY ARE.

5 Q. I’D LIKE TO REFER YOU NOW, IF I COULD, MS.

6 LEALCALA, TO AN EXHIBIT THAT’S BEEN PREVIOUSLY MARKED 95 WITH

7 THREE PHOTOGRAPHS LABELED AT THE TOP “SOUTHWIND MOTOR HOME IV.”

8 HAVE YOU HAD AN OPPORTUNITY TO LOOK AT THESE

9 PHOTOGRAPHS?

10 A. YES.

11 Q. WHAT’S SHOWN ON PHOTOGRAPHS “A” THROUGH “C’ ON

12 EXHIBIT 95?

13 A. IT SHOWS FINGERPRINTS THAT WERE DEVELOPED ON THE

14 SIDE OF A CABINET IN THE BEDROOM AREA OF THE MOTOR HOME.

15 Q. WERE THOSE LATENT FINGERPRINTS THAT YOU WERE ABLE

16 TO DEVELOP?

17 A. YES, THEY ARE.

18 Q. DID YOU ALSO MAKE FINGERPRINT CARDS OUT OF THOSE

19 PARTICULAR LATENT FINGERPRINTS?

20 A. YES.

21 Q. ARE ONE OR MORE OF THOSE CARDS CONTAINED IN THE

22 ENVELOPE EXHIBIT 109 IN FRONT OF YOU RIGHT NOW?

23 A. YES.

24 Q. HOW MANY LATENT CARDS ARE IN THERE? I’M SORRY, YOU

25 MAY HAVE ALREADY SAID THAT.

26 A. THERE ARE SIX.

27 Q. WHICH, IF ANY, OF THOSE CARDS RELATE TO THE

28 FINGERPRINTS THAT YOU DEVELOPED ON THE CABINET BESIDE THE BED AS
5519
1 SHOWN ON EXHIBIT 95?

2 A. TWO OF THEM.

3 Q. ARE THEY IDENTIFIED IN SOME WAY THAT WE CAN REFER

4 TO THEM LATER?

5 A. YES.

6 Q. DESCRIBE THAT, PLEASE?

7 A. ON THE BACK OF THE CARD IT SHOWS THE LOCATION OF

8 THE LATENT LIFTS, AND IT ALSO — I NUMBERED THE CARDS TO SHOW

9 WHAT NUMBER OF LIFT IT WAS.

10 Q. OKAY.

11 IS THIS KIND OF A NUMBER SUCH AND SUCH OF A CERTAIN

12 NUMBER, FOR LACK OF A BETTER TERM?

13 A. YES.

14 Q. OKAY.

15 A. THE PARTICULAR CARDS THAT RELATE TO THE LATENT

16 FINGERPRINTS FROM THE CABINET BY THE BED AS SHOWN IN EXHIBIT 95,

17 TELL US WHICH LIFT CARD NUMBERS THOSE PARTICULAR LATENT PRINTS

18 ARE.

19 Q. OKAY.

20 A. LIKE I SAID, THERE WAS A TOTAL OF SIX CARDS IN THIS

21 ENVELOPE, AND THE LIFTS THAT RELATE TO THE WOODEN CABINET ARE

22 LABELED NO. FIVE OF SIX AND NO. SIX OF SIX.

23 Q. DID YOU LABEL THOSE CARDS AFTER YOU PLACED THE

24 LATENT FINGERPRINTS ONTO THOSE CARDS?

25 A. YES, I DID.

26 Q. ALL RIGHT. I’M GOING TO ASK YOU NOW IF YOU’D PUT

27 THOSE CARDS BACK INTO EXHIBIT 109.

28 A. (WITNESS COMPLYING.)
5520
1 Q. ALL RIGHT. THANK YOU.

2 WHEN YOU WERE AT THE MOTOR HOME ON THIS PARTICULAR

3 OCCASION, WAS THERE ANY CRIMINALIST PRESENT?

4 A. YES, ON THAT DAY.

5 Q. WHO?

6 A. I REMEMBER TANYA DULANEY WAS THERE, AND LOOKING AT

7 MY NOTES IT MIGHT REFRESH MY MEMORY IF THERE WAS ANOTHER

8 CRIMINALIST THERE OR NOT.

9 Q. LET ME ASK YOU, TANYA DULANEY WAS THERE TO YOUR

10 RECOLLECTION?

11 A. YES.

12 Q. WHO IS TANYA DULANEY?

13 A. TANYA IS A CRIMINALIST WHO ALSO WORKS FOR THE SAN

14 DIEGO POLICE DEPARTMENT.

15 Q. IN WHAT AREA?

16 A. SHE WORKS IN THE TRACE EVIDENCE UNIT.

17 Q. DOES THAT INCLUDE HAIR COMPARISON?

18 A. YES, IT DOES.

19 Q. DID MS. DULANEY GIVE TO YOU ANY ITEMS OF EVIDENCE

20 TO THEN ASSIGN AN ITEM NUMBER AND IMPOUND AND PRESERVE?

21 A. YES, SHE DID.

22 Q. DID THAT INCLUDE AN ITEM NO. 80?

23 A. YES.

24 Q. WHICH CONSISTED OF WHAT?

25 A. ITEM NO. 80 CONSISTED OF HAIR.

26 Q. DID YOU TAKE THIS PARTICULAR SET OF ITEMS AND THEN

27 PRESERVE THEM AND LABEL THEM ACCORDINGLY WITH THAT NO. 80?

28 A. YES.
5521
1 Q. ON THIS OCCASION DID YOU ALSO COLLECT OTHER

2 EVIDENCE FROM INSIDE THE MOTOR HOME, LABEL IT AND IMPOUND IT AS

3 WELL?

4 A. YES, I DID.

5 Q. AND I’D NOW LIKE TO TAKE YOUR ATTENTION, IF I

6 COULD, TO POLICE DEPARTMENT HEADQUARTERS AT 14TH AND BROADWAY.

7 IS THAT WHERE YOU OPERATE OUT OF?

8 A. YES, IT IS.

9 Q. AT THAT PARTICULAR LOCATION WAS THERE A DAY THAT

10 YOU RECEIVED EVIDENCE FROM A DETECTIVE TERRY TORGERSON?

11 A. YES, I DID.

12 Q. TELL US THE CIRCUMSTANCES OF THAT, IF YOU WOULD.

13 A. I WAS WORKING IN THE LABORATORY AND I — DETECTIVE

14 TORGERSON HANDED ME SOME ITEMS THAT HE HAD GOTTEN FROM A DRY

15 CLEANER.

16 Q. ALL RIGHT.

17 MS. LEALCALA, IF YOU DON’T MIND, I’M GOING TO ASK

18 YOU TO COME DOWN BECAUSE I THINK THAT’S GOING TO BE EASIER, WITH

19 THE COURT’S PERMISSION —

20 THE COURT: SURE.

21

22 BY MR. CLARKE:

23 Q. — THAN BRINGING THESE LARGE BAGS UP TO YOU.

24 A. AM I GOING TO BE HANDLING THE EVIDENCE? I MEAN, DO

25 I NEED GLOVES?

26 Q. ACTUALLY, IF WE CAN, I THINK I’M GOING TO HAVE YOU

27 JUST LOOK AT THE OUTSIDE OF THE PARTICULAR BAGS.

28 A. OKAY.
5522
1 Q. AND I’M GOING TO ASK YOU TO START WITH ONE OF THE

2 LARGE BAGS WHICH HAS BEEN LABELED EXHIBIT 78.

3 DO YOU SEE THAT IN FRONT OF YOU?

4 A. YES, I DO.

5 Q. JUST WITH RESPECT TO THE ACTUAL MARKINGS ON THE

6 BAGS, DO THEY APPEAR — ANY OF THEM APPEAR FAMILIAR TO YOU?

7 A. YES.

8 Q. WHAT DOES IT SHOW IN TERMS OF WHAT YOU RECOGNIZE?

9 A. WELL, MY NAME — OR MY INITIALS AND I.D. NUMBER ON

10 THERE AND ALSO A BRIEF DESCRIPTION OF WHAT THE ITEM IS AND THE

11 ITEM NUMBER.

12 Q. ALL RIGHT.

13 EXHIBIT 78, DOES IT APPEAR TO CONTAIN ITEMS THAT

14 YOU RECEIVED FROM DETECTIVE TORGERSON THAT I BELIEVE YOU

15 DESCRIBED AS IDENTIFIED TO YOU AS HAVING COME FROM A CLEANERS?

16 A. YES.

17 Q. AND DOES THE LABELING ALSO DESCRIBE THE CONTENTS

18 THAT YOU OBSERVED WHEN YOU WERE HANDED THEM FROM DETECTIVE

19 TORGERSON?

20 A. YES.

21 Q. WHAT’S THEIR CONTENT?

22 A. ON THIS ITEM I LABELED THAT’S A “MULTI-COLORED

23 FLORAL PRINT COMFORTER.”

24 Q. AND ANYTHING ELSE?

25 A. NOT ON THIS BAG.

26 Q. ALL RIGHT.

27 I TURN YOUR ATTENTION NOW, IF I CAN, TO I BELIEVE

28 AN EXHIBIT THAT’S BEEN MARKED 79, ANOTHER SIMILAR SIZE PAPER
5523
1 BAG.

2 DO YOU SEE THAT?

3 A. YES.

4 Q. IS THAT AN ITEM THAT DETECTIVE TORGERSON ALSO GAVE

5 YOU AT POLICE HEADQUARTERS ON THAT DATE?

6 A. YES, IT IS.

7 Q. DOES THIS HAVE SIMILAR TYPE OF WRITING AS THE

8 PREVIOUS EXHIBIT THAT YOU RECOGNIZE AS YOUR OWN?

9 A. YES, IT DOES.

10 Q. DOES IT ALSO REFLECT THE CONTENTS?

11 A. YES.

12 Q. WHAT’S THAT?

13 A. I WROTE ON THAT BAG “ONE MULTI-COLORED COMFORTER.”

14 Q. NOW, IF I CAN TURN YOUR ATTENTION TO A THIRD BAG

15 THAT I BELIEVE IS OVER THERE TO THE LEFT, AND WE MAY HAVE TO

16 TURN IT AROUND SO THAT YOU CAN SEE. THE EXHIBIT NUMBER APPEARS

17 TO BE LABELED EXHIBIT 80.

18 DO YOU RECOGNIZE THAT BAG AND ITS CONTENTS — AND

19 WHAT’S DESCRIBED AS ITS CONTENTS?

20 A. YES, I DO.

21 Q. DID YOU ALSO RECEIVE THAT BAG AND ITS CONTENTS FROM

22 DETECTIVE TORGERSON ON THAT SAME DATE?

23 A. YES.

24 Q. WHAT ARE THE CONTENTS OF THAT BAG AS THEY WERE WHEN

25 GIVEN TO YOU BY DETECTIVE TORGERSON?

26 A. I LABELED THAT “CLOTHING ON HANGERS.”

27 Q. WAS THERE ANY DETAILING OF THE INDIVIDUAL ITEMS OF

28 CLOTHING?
5524
1 A. NOT ON THE OUTSIDE OF THIS BAG THAT I WROTE.

2 Q. ALL RIGHT.

3 A. THERE ARE IN ANOTHER PERSON’S WRITING.

4 Q. WHAT I’M GOING TO ASK YOU TO DO IS IF YOU CAN

5 RETURN TO THE WITNESS STAND, DO YOUR NOTES REFLECT THE ITEMS

6 RECEIVED FROM DETECTIVE TORGERSON THAT YOU THEN MARKED AND

7 LABELED?

8 A. IN MY REPORT I NOTED IT AS FOUR ITEMS OF CLOTHING.

9 Q. DID YOU DESCRIBE THEM ANY MORE SPECIFICALLY OR DID

10 YOU JUST MAKE THAT NOTATION AT THAT TIME?

11 A. I JUST MADE THAT NOTATION AT THAT TIME.

12 Q. ALL RIGHT.

13 WAS YOUR ROLE THEN SIMPLY TO PRESERVE THOSE ITEMS

14 IN THE PACKAGES AS THE COLLECTOR OR PERSON WHO RECEIVES THE

15 EVIDENCE FROM A DETECTIVE?

16 A. YES.

17 Q. JUST SO WE’RE CLEAR, I THINK EXHIBIT 78 ACTUALLY

18 HAS AN ITEM NUMBER THAT YOU ASSIGNED IT.

19 DO YOU RECALL WHAT THAT IS?

20 A. YES. THAT WOULD BE ITEM NO. 92.

21 Q. TURNING YOUR ATTENTION TO EXHIBIT 79 IN COURT HERE,

22 DID YOU ASSIGN IT AN EXHIBIT NUMBER?

23 A. YES, I DID.

24 Q. WHAT WAS THAT?

25 A. NUMBER 93.

26 Q. AND LASTLY, EXHIBIT 80, DID YOU ASSIGN IT A

27 PARTICULAR EXHIBIT NUMBER WHEN YOU RECEIVED IT FROM DETECTIVE

28 TORGERSON?
5525
1 A. YES.

2 Q. WHAT WAS THAT?

3 A. ITEM NO. 94.

4 Q. ALL RIGHT.

5 I’D LIKE TO DRAW YOUR ATTENTION TO A FURTHER SEARCH

6 OF THE MOTOR HOME AND ASK IF YOU CONDUCTED ONE ON FEBRUARY 27TH

7 OF THIS YEAR.

8 A. YES, I BELIEVE I DID. YES.

9 Q. WHERE DID THAT OCCUR?

10 A. IF I MAY REFER TO MY NOTES ONCE AGAIN?

11 Q. YES.

12 A. ON FEBRUARY 27TH, I ARRIVED ON DEHESA ROAD IN EL

13 CAJON.

14 Q. ACTUALLY, DID YOU — IS THAT A DATE WHERE YOU

15 PARTICIPATED IN A SEARCH OF THE MOTOR HOME OR WAS THAT ON A

16 DIFFERENT DATE?

17 A. I ALSO PARTICIPATED IN THE SEARCH ON THE MOTOR HOME

18 ON THAT DATE I BELIEVE.

19 Q. WHICH WAS FIRST?

20 A. THE MOTOR HOME.

21 Q. AND IF YOU’D TELL US APPROXIMATELY WHAT TIME?

22 A. YES. I ARRIVED THERE AT APPROXIMATELY 10:15 IN THE

23 MORNING.

24 Q. WHERE WAS THE MOTOR HOME AT THAT TIME?

25 A. IT WAS AT THE SAN DIEGO POLICE DEPARTMENT’S VEHICLE

26 IMPOUND GARAGE.

27 Q. DID YOU SEARCH THE INTERIOR AT THAT TIME?

28 A. YES, I DID.
5526
1 Q. AND COLLECT ANY EVIDENCE?

2 A. YES, I DID.

3 Q. DID THAT INCLUDE ANY ITEMS OR FABRIC TYPE MATERIALS

4 FROM THE BATHROOM?

5 A. YES.

6 Q. WHAT?

7 A. I COLLECTED A BLUE RUG FROM THE BATHROOM.

8 Q. DID YOU ASSIGN IT AN ITEM NUMBER?

9 A. YES, I DID.

10 Q. WHAT WAS THAT?

11 A. ITEM NO. 155.

12 Q. IF I CAN DRAW YOUR ATTENTION BACK TO EXHIBIT 51,

13 CONSISTING OF FIVE PHOTOGRAPHS I BELIEVE YOU DESCRIBED THIS

14 EARLIER. IN PARTICULAR, DO ANY OF THE PHOTOGRAPHS SHOW THAT

15 PARTICULAR BATH MAT OR RUG THAT YOU SEIZED ON THAT DATE?

16 A. YES. I CAN SEE IT IN PHOTOGRAPHS LABELED “D’ AND

17 “E”.

18 Q. JUST IN TERMS OF WHERE, COULD YOU POINT TO THE

19 LOCATIONS ON PHOTOGRAPHS “D” AND “E” WHERE THE BATH MAT IS

20 LOCATED THAT YOU SEIZED?

21 A. (WITNESS COMPLYING.)

22 Q. REFERRING TO THE EXTREME BOTTOM SLIGHTLY RIGHT OF

23 CENTER IN PHOTOGRAPH “D”, IS THAT RIGHT?

24 A. YES.

25 Q. AND I BELIEVE YOU JUST POINTED TO PHOTOGRAPH “E” IN

26 THE EXTREME LOWER PORTION ON THE LEFT; IS THAT CORRECT?

27 A. YES.

28 Q. AND DID YOU LABEL AND IMPOUND THAT PARTICULAR ITEM?
5527
1 A. YES, I DID.

2 Q. YOU ALSO SAID YOU WENT TO THE RECOVERY SCENE ON

3 THAT SAME DATE, FEBRUARY 27TH?

4 A. YES.

5 Q. APPROXIMATELY WHAT TIME DID YOU ARRIVE THERE?

6 A. I NEED TO LOOK AT MY NOTES TO REMEMBER WHAT TIME IT

7 WAS. I ARRIVED THERE AT APPROXIMATELY 1740, WHICH IS 5:40 P.M.

8 Q. WHAT WAS YOUR ROLE AT THAT PARTICULAR SCENE?

9 A. I WAS THERE TO TAKE PHOTOGRAPHS AND COLLECT

10 EVIDENCE.

11 Q. DID YOU COME CLOSE TO THE BODY AT THAT PARTICULAR

12 LOCATION?

13 A. YES, I DID.

14 Q. HOW CLOSE?

15 A. RIGHT NEXT TO IT.

16 Q. DID YOU PARTICIPATE AT ALL IN LOOKING FOR THE

17 PRESENCE OF ANY PHYSICAL EVIDENCE?

18 A. YES.

19 Q. HOW WIDE AN AREA DID YOU EXAMINE WHEN YOU WERE NEAR

20 THE BODY?

21 A. I — LIKE I SAID, I WAS RIGHT NEXT TO THE BODY

22 ITSELF AND THE SURROUNDING AREA.

23 Q. OKAY.

24 DID YOU OBSERVE AT ANY TIME ANY TEETH OUTSIDE THE

25 BODY OF DANIELLE VAN DAM?

26 A. OUTSIDE THE BODY, NO.

27 Q. NOW, I’D LIKE TO TURN YOUR ATTENTION TO RECEIVING

28 ANY SAMPLES IDENTIFIED AS COMING FROM A DOG.
5528
1 DO YOU RECALL THAT?

2 A. YES.

3 Q. DID YOU RECEIVE ANY SAMPLES IDENTIFIED AS COMING

4 FROM A DOG FROM A DETECTIVE JIM TOMSOVIC?

5 A. YES.

6 Q. WHEN?

7 A. I HAVE TO LOOK AT MY NOTES. I DON’T RECALL THE

8 ITEM NUMBER.

9 Q. ALL RIGHT. PLEASE DO SO.

10 A. I RECEIVED A LOT OF ITEMS, INCLUDING FROM HIM, SO

11 I’M TRYING TO FIND THE ITEM NUMBER TO LOCATE THAT.

12 Q. I UNDERSTAND.

13 I THINK IT MAY BE ITEM 199, IF THAT WILL HELP.

14 A. THAT WILL HELP.

15 Q. GOOD.

16 A. YES. 199 I DID RECEIVE FROM DETECTIVE TOMSOVIC AND

17 IT WAS LABELED WITH DOG HAIRS.

18 Q. WAS THERE A NAME ASSIGNED TO THE PARTICULAR ANIMAL?

19 A. YES. ON THE ENVELOPE IT — I LABELED IT AS LAYLA.

20 Q. ALL RIGHT.

21 YOU IMPOUNDED THAT ITEM UNDER THE ITEM NO. 199?

22 A. YES.

23 Q. DID YOU ALSO RECEIVE ANY OTHER DOG HAIRS FROM

24 DETECTIVE TOMSOVIC ON THAT SAME DATE AND TIME?

25 A. YES, I DID.

26 Q. DESCRIBE THAT, PLEASE?

27 A. THAT WOULD HAVE BEEN ITEM NO. 198. THERE WAS AN

28 ENVELOPE WITH THE NAME “HOPIE” ON IT. IT SAID “HOPIE HAIR
5529
1 STANDARD.”

2 Q. ALL RIGHT. DO YOU KNOW HOW IT’S SPELLED — OR AT

3 LEAST HOW IT WAS SPELLED?

4 A. IT WAS SPELLED ON THE ENVELOPE AS H-O-P-I-E.

5 Q. IF I COULD TURN YOUR ATTENTION TO ONE MORE

6 COLLECTION.

7 ON ANY OF THESE PARTICULAR DATES DID YOU OBTAIN ANY

8 KNOWN MOUTH SWABS FROM DAVID WESTERFIELD?

9 A. YES.

10 Q. WHEN DID THAT OCCUR?

11 A. ONCE AGAIN, I NEED TO REFER TO MY NOTES TO TELL YOU

12 THE EXACT DATE.

13 Q. ALL RIGHT.

14 A. AND IF YOU HAVE THE ITEM NUMBER IT WOULD MAKE IT GO

15 FASTER.

16 Q. I THINK IT’S 95.

17 A. YES. ITEM 95 WERE TWO MOUTH — OR TWO REFERENCE

18 MOUTH SWABS THAT I DID COLLECT FROM DAVID WESTERFIELD.

19 Q. THE INDIVIDUAL IDENTIFIED AS DAVID WESTERFIELD THAT

20 YOU OBTAINED THOSE MOUTH SWABS FROM, DO YOU SEE HIM PRESENT HERE

21 IN COURT?

22 A. YES, I DO.

23 Q. COULD YOU TELL US WHERE HE’S SEATED AND WHAT HE’S

24 WEARING?

25 A. IT WOULD BE ON MY LEFT ON THE FAR END OF THE TABLE.

26 HE’S WEARING A GRAY SUIT JACKET AND A WHITE SHIRT WITH A TIE.

27 THE COURT: THE RECORD WILL REFLECT IDENTIFICATION.

28 MR. CLARKE: THANK YOU, YOUR HONOR.
5530
1 Q. MS. LEALCALA, YOU WERE INSIDE THE DEFENDANT’S

2 RESIDENCE; IS THAT CORRECT?

3 A. YES.

4 Q. YOU WERE ALSO INSIDE HIS MOTOR HOME?

5 A. YES.

6 Q. ON A NUMBER OF OCCASIONS?

7 A. YES, I WAS.

8 Q. WERE YOU EVER INSIDE THE RESIDENCE OF THE VAN DAMS?

9 A. NO, I WAS NOT.

10 MR. CLARKE: THANK YOU.

11 I HAVE NOTHING FURTHER, YOUR HONOR.

12 THE COURT: ALL RIGHT. CROSS-EXAMINATION.

13

14 CROSS-EXAMINATION +

15 BY MR. FELDMAN:

16 Q. GOOD MORNING, MA’AM.

17 A. GOOD MORNING.

18 Q. DID YOU PREPARE A SERIES OF REPORTS IN CONNECTION

19 WITH YOUR INVESTIGATION?

20 A. YES, I DID.

21 Q. DID YOU PREPARE THE REPORTS AT TIMES WHEN THE

22 EVENTS WERE FRESHER IN YOUR MIND THAN THEY ARE TODAY?

23 A. YES.

24 Q. DID YOU REVIEW THE REPORTS TO INSURE THAT THEY WERE

25 ACCURATE?

26 A. I DID.

27 Q. IS IT FAIR TO SAY YOUR REPORTS ARE COMPLETE AND

28 ACCURATE REPRESENTATIONS OF ALL DETAIL YOU BELIEVED TO BE
5531
1 SIGNIFICANT?

2 A. YES.

3 Q. HAVE YOU FILED ANY SUPPLEMENTAL REPORTS WHICH MAY

4 CORRECT OR IDENTIFY ERRORS IN ANY OF THE EARLIER REPORTS?

5 A. YES.

6 Q. SO YOU’VE BEEN THROUGH THE REPORTS, AND TO THE

7 EXTENT YOU’VE IDENTIFIED ERRORS, YOU’VE DEVISED SUPPLEMENTAL

8 REPORTS; IS THAT CORRECT?

9 A. CORRECT.

10 Q. YOU TOLD US I THINK IN ONE OF MR. CLARKE’S FIRST

11 QUESTIONS THAT YOU ALWAYS WEAR GLOVES. WHY IS THAT?

12 A. WHEN I’M COLLECTING EVIDENCE I ALWAYS WEAR GLOVES

13 TO PREVENT CONTAMINATION.

14 Q. WHAT KIND — WHAT DO YOU MEAN TO PREVENT

15 CONTAMINATION?

16 A. FOR INSTANCE, ME LEAVING MY OWN FINGERPRINTS ON

17 ITEMS.

18 Q. ALL RIGHT.

19 ANYTHING ELSE?

20 A. TO KEEP BLOOD OFF OF MY HANDS.

21 Q. ANYTHING ELSE?

22 A. NOT THAT I CAN THINK OF.

23 Q. OKAY. SO YOU WEAR GLOVES FOR SELF-PROTECTION,

24 BASICALLY?

25 MR. CLARKE: OBJECTION, MISSTATES THE QUESTION.

26 THE COURT: SUSTAINED. NEXT QUESTION.

27

28 ///
5532
1 BY MR. FELDMAN:

2 Q. IS THE CASE YOU WEAR GLOVES BASICALLY FOR

3 SELF-PROTECTION?

4 A. YES. THAT’S ONE OF THE REASONS I WEAR GLOVES.

5 Q. JUST WITH REGARD TO YOUR TRAINING AND EXPERIENCE,

6 YOU’VE RECEIVED TRAINING IN THE AREA OF CROSS-CONTAMINATION, IS

7 THAT RIGHT?

8 A. IT’S BEEN TALKED ABOUT IN THE TRAINING I HAVE HAD,

9 YES.

10 Q. YOU TOLD MR. CLARKE I THINK YOU HAVE A BACHELORS

11 DEGREE FROM — I’M SORRY — PENNSYLVANIA?

12 A. YES.

13 Q. AND YOU ALSO HAVE AN ADDITIONAL DEGREE FROM — OR A

14 TWO YEAR DEGREE ANYWAY IN FORENSIC SCIENCES; IS THAT RIGHT?

15 A. MY DEGREE WAS IN EVIDENCE TECHNOLOGY.

16 Q. ALL RIGHT.

17 YOU’VE HAD QUITE A LOT OF TRAINING; IS THAT

18 CORRECT, IN HOW TO PRESERVE AND COLLECT EVIDENCE, IS THAT RIGHT?

19 A. YES.

20 Q. AND HOW TO PRESERVE THE INTEGRITY OF THE EVIDENCE,

21 IS THAT RIGHT?

22 A. YES.

23 Q. HAVE YOU BEEN TRAINED IN SOMETHING CALLED THE

24 LOCARD EXCHANGE PRINCIPLE?

25 A. YES.

26 Q. WHAT IS THAT?

27 A. THAT TALKS ABOUT HOW EVIDENCE CAN BE TRANSFERRED

28 FROM ONE PLACE TO ANOTHER.
5533
1 Q. WHAT DOES IT TALK ABOUT HOW EVIDENCE CAN BE

2 TRANSFERRED FROM ONE PLACE TO ANOTHER, MA’AM?

3 A. IT’S ABOUT THE TRANSFERENCE OF EVIDENCE. IN OTHER

4 WORDS, IF YOU WERE TO TOUCH SOMETHING OR RUB UP AGAINST

5 SOMETHING, IT COULD BE TRANSFERRED FROM ONE AREA TO ANOTHER.

6 Q. AND THEN —

7 MR. CLARKE: OBJECTION, VAGUE.

8 THE COURT: SUSTAINED.

9

10 BY MR. FELDMAN:

11 Q. ALL RIGHT. YOU JUST TOLD ME, MA’AM, THAT IF YOU

12 TOUCH SOMETHING, AND THEN YOU MOVE TO ANOTHER LOCATION YOU MIGHT

13 BE TRANSFERRING EVIDENCE FROM ONE POINT TO ANOTHER POINT; IS

14 THAT CORRECT?

15 A. YES.

16 Q. AND THEN IF AT THE POINT — AT THE SECONDARY

17 POINT —

18 WELL, LET’S SAY HYPOTHETICALLY IF YOU WERE SITTING

19 IN THAT WITNESS BOX, WOULD THIS PRINCIPLE STAND FOR THE

20 PROPOSITION THAT TO A CERTAIN EXTENT YOU’RE SHEDDING PIECES OF

21 YOUR BODY, PIECES OF YOUR CLOTHING?

22 A. YOUR QUESTION IS?

23 Q. IF WE DID A TAPE LIFT, SAY, ON THAT CHAIR, MIGHT WE

24 CATCH ONE OF YOUR HAIRS?

25 A. IT’S POSSIBLE.

26 Q. POSSIBLE TO CATCH ONE OF THE FIBERS ON YOUR SHIRT?

27 A. THAT’S ALSO POSSIBLE.

28 Q. AND IF I CAME UP AND SAT IN THAT VERY SAME CHAIR,
5534
1 MIGHT THOSE — MIGHT THAT HAIR AND FIBER GET TRANSFERRED TO MY

2 JACKET?

3 A. THAT’S POSSIBLE.

4 Q. AND THEN IF I SAT DOWN AT COUNSEL TABLE, MIGHT

5 THOSE FIBERS GET TRANSFERRED TO THE CHAIR?

6 A. THAT’S ALSO POSSIBLE, YES.

7 Q. AND THE HAIRS?

8 A. YES.

9 Q. AND THEN IF MR. CLARKE SAT IN THE CHAIR, MIGHT

10 THOSE FIBERS THEN GET TRANSFERRED TO MR. CLARKE?

11 A. THAT COULD HAPPEN, YES.

12 Q. AND IF HE WALKED THEM INTO HIS OFFICE MIGHT THEY

13 TRAVEL TO HIS OFFICE?

14 MR. CLARKE: OBJECTION, IRRELEVANT, ALSO CALLS FOR

15 SPECULATION.

16 THE COURT: SUSTAINED.

17

18 BY MR. FELDMAN:

19 Q. WITH REGARD TO THE ISSUE OF THE LOCARD TRANSFER

20 PRINCIPLE, ISN’T THAT THE ESSENCE OF LOCARD’S TRANSFER

21 PRINCIPLE?

22 A. ISN’T WHAT THE ESSENCE OF IT?

23 Q. THAT EVIDENCE CAN BE TRANSFERRED IN UNPREDICTABLE

24 WAYS ON THE BASIS MERELY OF CONTACT?

25 A. I DON’T KNOW IF IT’S UNPREDICTABLE BUT YES,

26 EVIDENCE CAN BE TRANSFERRED FROM ONE AREA TO ANOTHER, ONE PLACE

27 TO ANOTHER.

28 Q. EVEN THOUGH YOU MAY USE GLOVES, CORRECT?
5535
1 MR. CLARKE: OBJECTION, VAGUE.

2 THE COURT: SUSTAINED.

3

4 BY MR. FELDMAN:

5 Q. CAN EVIDENCE BE TRANSFERRED EVEN THOUGH YOU USE

6 GLOVES?

7 MR. CLARKE: SAME OBJECTION.

8 THE COURT: SUSTAINED.

9

10 BY MR. FELDMAN:

11 Q. AS PART OF THE LOCARD TRANSFER PRINCIPLE, DOES THAT

12 INCORPORATE THE CONCEPT THAT EVIDENCE COULD BE TRANSFERRED EVEN

13 IF YOU USE GLOVES?

14 MR. CLARKE: OBJECTION, IRRELEVANT.

15 THE COURT: OVERRULED.

16 YOU CAN ANSWER THAT, MA’AM.

17 THE WITNESS: YES.

18

19 BY MR. FELDMAN:

20 Q. YOU TOLD US I THINK THAT WHEN YOU FIRST WENT TO

21 MOUNTAIN PASS ROAD YOU FOLLOWED SOMEBODY INTO THE HOUSE, IS THAT

22 RIGHT, MA’AM?

23 A. YES.

24 Q. WHO DID YOU FOLLOW IN?

25 A. DETECTIVES WENT INTO THE HOUSE PRIOR TO WHEN I

26 ENTERED THE HOUSE.

27 Q. DO YOU RECALL THE NAMES OF THE DETECTIVES?

28 A. YES.
5536
1 Q. PLEASE?

2 A. I BELIEVE DETECTIVES OTT AND KEYSER WERE THERE AND

3 AS WELL AS THE SERGEANT.

4 Q. THE SERGEANT BEING SERGEANT HOLMES?

5 A. SERGEANT HOLMES, YES.

6 Q. WERE THERE OTHER DETECTIVES PRESENT, IF YOU RECALL?

7 A. I’M NOT SURE.

8 Q. HOW ABOUT JOE HOWIE, WAS HE THERE DO YOU RECALL?

9 A. I DON’T RECALL SEEING HIM, NO.

10 Q. DO YOU KNOW A DETECTIVE NAMED JOE HOWIE?

11 A. I DO.

12 Q. DID YOU SEE DETECTIVE HOWIE AT ANY OF THE OTHER

13 SCENES?

14 A. I DON’T RECALL SEEING HIM, NO.

15 Q. WHEN YOU TOLD US THAT YOU WERE FOLLOWING THE

16 DETECTIVES IN THE HOUSE, DID YOU ACTUALLY LITERALLY FOLLOW THEM

17 FROM POINT “A” TO POINT “B”, ET CETERA?

18 A. NOT AT ALL TIMES, NO.

19 Q. WELL, WHEN YOU FIRST INITIALLY ENTERED THE

20 RESIDENCE DID YOU FOLLOW THEM?

21 A. I WOULD HAVE WALKED IN THE FRONT DOOR WITH THEM,

22 YES.

23 Q. I’D LIKE TO SHOW YOU WHAT’S BEEN MARKED 166. THAT

24 WOULD BE THE GARAGE OF MR. WESTERFIELD’S RESIDENCE, WOULDN’T IT?

25 MR. CLARKE: I THINK THAT MAY BE 106.

26 THE COURT: I THINK IT’S 106, YES.

27 MR. FELDMAN: IT IS 106? I’M SORRY, DID I MISSPEAK, YOUR

28 HONOR?
5537
1 THE COURT: YES. 166 IS WHAT YOU STATED.

2

3 BY MR. FELDMAN:

4 Q. I’M SORRY. DIRECTING YOUR ATTENTION, MA’AM, TO

5 WHAT’S BEEN PREVIOUSLY MARKED 106, IS THIS THE WESTERFIELD

6 GARAGE?

7 A. YES, IT IS.

8 Q. I’D LIKE TO DIRECT YOUR ATTENTION TO WHAT’S BEEN

9 PREVIOUSLY MARKED 101. I THINK IT’S SAFE TO TOUCH BUT I WANT TO

10 RELY ON YOUR EXPERTISE, MA’AM.

11 A. I CAN SEE THE ITEM INSIDE THE BAG WITHOUT TOUCHING

12 IT.

13 Q. IT’S A PIECE OF PAPER, RIGHT?

14 A. UM-HMM.

15 Q. FOR THE RECORD, I’VE REMOVED A PURPLE PIECE OF

16 PAPER, IS THAT RIGHT?

17 A. YES.

18 Q. IT SAYS ON IT BLEACH, MOUNTAIN DEW, P-E-S-I,

19 PROBABLY A BAD ABBREVIATION FOR PEPSI, RUM, DRYER SHEETS, EGGS

20 AND MOUTHWASH, RIGHT?

21 A. YES. THAT’S WHAT IT SAYS.

22 Q. APPEARS TO BE A SHOPPING LIST, DOESN’T IT?

23 A. APPEARS TO BE.

24 Q. DIRECTING YOUR ATTENTION TO 106, MA’AM, SEE

25 MOUNTAIN DEW?

26 A. THERE’S A BOX THAT’S LABELED MOUNTAIN DEW, YES.

27 Q. IT’S LOCATED IN 106 PHOTO “A” AND THERE APPEARS TO

28 BE A 13 CLOSE TO IT, NOT DIRECTLY OVER IT BUT CLOSE TO IT, IS
5538
1 THAT RIGHT, MA’AM?

2 A. YES. THE NUMBER PLACARD 13 IS RIGHT NEAR THAT.

3 Q. SO — AND WITH REGARD TO — DIRECTING YOUR

4 ATTENTION TO 45, AND SPECIFICALLY DIRECTING YOUR ATTENTION TO

5 PHOTOGRAPH “A” IN 45, DOES THAT APPEAR TO BE BLEACH?

6 A. IT’S HARD FOR ME TO TELL FROM HERE.

7 Q. I CAN MOVE IT TO YOU, WHATEVER YOUR PLEASURE.

8 A. OKAY.

9 A. YOU ARE POINTING TO THE BOTTLE RIGHT NEXT TO THE

10 409?

11 Q. YES, MA’AM.

12 A. YES, IT APPEARS TO BE A BLEACH BOTTLE.

13 Q. IN ANY OF THE TRASH CANS DID YOU NOTICE WHETHER

14 THERE WAS ANY RUM OR EMPTY BOTTLES OF RUM ANYWAY?

15 A. YES. I BELIEVE FROM ONE OF THE TRASH CANS THERE

16 WAS AN EMPTY BOTTLE OF RUM.

17 Q. IS IT UNCOMMON FOR PEOPLE TO GO SHOPPING WHEN THEY

18 RETURN FROM A SHORT TRIP?

19 MR. CLARKE: OBJECTION, ARGUMENTATIVE, IRRELEVANT, BEYOND

20 THE SCOPE.

21 THE COURT: SUSTAINED.

22

23 BY MR. FELDMAN:

24 Q. BY THE REFRIGERATOR AGAIN, DIRECTING YOUR ATTENTION

25 TO 106A, DO YOU SEE ANY PEPSI?

26 A. I SEE A BOX LABELED PEPSI, YES.

27 Q. WITH REGARD TO JUST THE PROCESS OF YOUR RECORDING

28 AND MEMORIALIZING THE EVIDENCE, DID YOU ONLY USE ONE EVIDENCE
5539
1 NUMBER 850152?

2 A. YOU’RE REFERRING TO PROPERTY TAG WHEN YOU’RE GIVING

3 ME THAT NUMBER, CORRECT?

4 Q. I’M SORRY, PROPERTY TAG. THERE’S ANOTHER PROPERTY

5 TAG THAT’S 850166. DO YOU HAVE ANYTHING TO DO WITH THAT?

6 A. I’D HAVE TO LOOK AT MY REPORTS TO SEE IF THAT IS

7 SOMETHING THAT I ASSIGNED A PROPERTY TAG TO.

8 Q. DOES THAT MEAN THAT IN A PARTICULAR INVESTIGATION

9 YOU, THE EVIDENCE TECH, HAS THE ABILITY TO ASSIGN PARTICULAR

10 PROPERTY TAGS NUMBERS — TAG NUMBERS?

11 A. YES.

12 Q. AND CAN THERE BE MORE THAN ONE TAG NUMBER PER CASE?

13 A. YES.

14 Q. IN THIS CASE, OBVIOUSLY, WE KNOW FROM MS. SAVAGE

15 THAT SHE HAD ONE NUMBER AND YOU’VE TOLD US YOU HAD ANOTHER

16 NUMBER.

17 DID YOU USE MORE THAN ONE NUMBER, MA’AM?

18 A. YES, I DID.

19 Q. COULD YOU PLEASE TELL US THE OTHER NUMBER OR

20 NUMBERS?

21 A. SURE, IF I CAN LOOK AT MY REPORT.

22 Q. PLEASE?

23 A. THE OTHER NUMBER I USED I KNOW WAS FOR INSECTS, BUT

24 I HAVE TO FIND THAT REPORT ONCE I FIND THE NUMBERS OF THE

25 INSECTS.

26 Q. OKAY.

27 THE COURT: HAPPEN TO HAVE THE REFERENCE, COUNSEL, TO

28 ASSIST HER?
5540
1 MR. FELDMAN: I THINK IT’S 166.

2 THE WITNESS: ITEM NO. 166?

3

4 BY MR. FELDMAN:

5 Q. NO, I THINK IT’S PROPERTY TAG 166.

6 I CAN TELL YOU I GOT IT AS ITEM NO. 158, BUT AGAIN

7 THESE ARE MY SUMMARY NOTES.

8 A. OKAY. NO. 158 ARE THE INSECTS. DIFFERENT PROPERTY

9 TAG NUMBER WAS ASSIGNED TO THOSE, AND I ALSO HAVE ANOTHER

10 PROPERTY TAG.

11 Q. OKAY. I’M SORRY. WITH REGARD TO THE INSECTS, LET

12 ME STOP YOU THERE FOR A MINUTE. YOU SAID A DIFFERENT PROPERTY

13 TAG NUMBER. IS THAT 850166?

14 A. THE ONE I HAVE ASSIGNED IS 850171.

15 Q. ALL RIGHT.

16 DO YOU HAVE A PROPERTY TAG WHICH IDENTIFIES 850166?

17 A. THAT MAY HAVE BEEN ONE THAT DORIE SIGNED.

18 Q. WHEN YOU’RE SAYING DORIE, YOU’RE REFERRING TO MS.

19 SAVAGE, CORRECT?

20 A. YES.

21 Q. AND WITH REGARD TO THE INSECTS WHICH YOU JUST

22 MENTIONED, MA’AM, I GUESS I’M NOW DIRECTING YOUR ATTENTION TO

23 PROPERTY TAG 850171. MR. CLARKE ASKED YOU A QUESTION ABOUT

24 WHETHER OR NOT YOU HAD GONE TO THE RECOVERY SCENE. YOU DID GO

25 TO THE RECOVERY SCENE, DIDN’T YOU?

26 A. YES, I DID.

27 Q. ABOUT WHAT TIME DID YOU GET THERE?

28 A. I ARRIVED THERE APPROXIMATELY 5:40 P.M.
5541
1 Q. WHO WAS THERE?

2 A. THERE WERE A LOT OF LAW ENFORCEMENT PERSONNEL

3 THERE.

4 Q. WHEN YOU SAY A LOT —

5 A. THE STREET WAS COVERED WITH SHERIFFS, AND I DON’T

6 KNOW WHERE ELSE ALL THE DIFFERENT LAW ENFORCEMENT AGENCIES WERE

7 FROM.

8 Q. SO THERE WAS QUITE A NUMBER OF LAW ENFORCEMENT

9 INDIVIDUALS AT THE RECOVERY SITE WHEN YOU ARRIVED, IS THAT

10 RIGHT?

11 A. YES, WHEN I ARRIVED.

12 Q. WHEN YOU ARRIVED HAD THE SUN SET JUST THEN?

13 A. I BELIEVE IT WAS AROUND THE TIME THE SUN SET.

14 Q. DO YOU RECALL WHETHER OR NOT — WHAT THE WEATHER

15 WAS LIKE?

16 A. I DON’T REMEMBER THE TEMPERATURE BUT —

17 Q. WAS IT DRY OUT, HAD IT BEEN RAINING?

18 A. IT WAS DRY.

19 Q. ALL RIGHT. PART OF YOUR JOB THEN I THINK, AS YOU

20 TOLD US, WAS TO GET CLOSE TO THE BODY AND RECOVER POTENTIAL

21 TRACE EVIDENCE, IS THAT RIGHT?

22 A. YES.

23 Q. WITH REGARD TO TRACE EVIDENCE, THAT WOULD INCLUDE

24 YOU MENTIONED INSECTS, IS THAT RIGHT?

25 A. INSECTS WERE PART OF THE EVIDENCE I RECOVERED, YES.

26 Q. WHY?

27 A. INSECTS SOMETIMES ARE USED TO DETERMINE TIME OF

28 DEATH.
5542
1 Q. ESPECIALLY IN CASES WHERE THERE’S A DECOMPOSED

2 BODY, ISN’T THAT RIGHT?

3 A. YES.

4 Q. AND IN YOUR CAREER EXPERIENCE — WELL, YOU’VE JUST

5 AT LEAST BEEN TRAINED IN THE PROPER MANNER AND COLLECTION OF

6 INSECTS, FOR INSTANCE, AT SCENES WHERE BODIES HAVE BEEN LOCATED,

7 ISN’T THAT TRUE?

8 A. YES, I WAS TRAINED.

9 Q. DO YOU LOOK FOR ANY PARTICULAR KIND OF INSECTS OR

10 DO YOU JUST TRY AND GET A — LET ME WITHDRAW THAT QUESTION AND

11 ASK YOU, DO YOU RECALL WAS THERE A LARGE NUMBER OF INSECTS?

12 A. WHEN I DID MY COLLECTION, NO.

13 Q. WHEN DID YOU DO YOUR COLLECTION?

14 A. MY REPORT DOESN’T REFLECT THE TIME I COLLECTED THE

15 INSECTS.

16 Q. WAS IT IN THE NIGHTTIME OR DID YOU WAIT TILL THE

17 NEXT DAY OR DO YOU REMEMBER?

18 A. I COLLECTED THAT ON FEBRUARY 27TH. ACTUALLY, IT

19 DOES REFLECT THE TIME. I MISSPOKE.

20 Q. PLEASE?

21 A. IT SAYS I COLLECTED THAT STARTING AT APPROXIMATELY

22 2155 HOURS.

23 Q. THAT WOULD BE FIVE TO 10:00 P.M.; IS THAT RIGHT?

24 A. 9:55, YES, P.M.

25 Q. AND WHAT DID YOU USE TO SEE IN THE AREA?

26 A. WELL, ONE OF THE DETECTIVES HAD FLASHLIGHTS, BUT

27 THERE WERE ALSO LIGHTS THAT WERE SET UP. I THINK IT WAS THE

28 SHERIFF’S DEPARTMENT WHO PROVIDED LIGHTING.
5543
1 Q. WAS THE LIGHTING EQUIVALENT TO DAYTIME LIGHTING, DO

2 YOU THINK?

3 A. IT WAS VERY BRIGHT, YES.

4 Q. SO YOU DIDN’T HAVE ANY TROUBLE IN SEEING WHAT IT

5 WAS YOU WERE TRYING TO IDENTIFY?

6 A. NO.

7 Q. ALL RIGHT.

8 AND HOW DID YOU GO ABOUT — WELL, HOW MANY INSECTS

9 WERE THERE, DO YOU RECALL?

10 A. I DON’T KNOW THE EXACT NUMBER, NO.

11 Q. YOU JUST COLLECTED WHAT YOU ATTEMPTED TO MAKE AS A

12 REPRESENTATIVE SAMPLE OF INSECTS, IS THAT RIGHT?

13 A. I TOOK WHAT I COULD FIND, YES.

14 Q. I’M SORRY. TOOK WHAT YOU COULD FIND. THAT MEANS

15 YOU TOOK EVERYTHING YOU SAW, IS THAT RIGHT?

16 A. COLLECTED.

17 Q. IF YOU FOUND IT YOU TOOK IT, IS THAT WHAT YOU MEANT

18 TO COMMUNICATE?

19 A. THERE WERE INSECTS ON THE BODY, SOME OF THEM I

20 COULDN’T REACH.

21 Q. BUT THOSE THAT YOU COULD REACH YOU TOOK; IS THAT

22 CORRECT?

23 A. YES.

24 Q. AND YOU PRESERVED THEM IN SOME MANNER?

25 A. YES, I DID.

26 Q. CAN YOU PLEASE TELL US HOW DID YOU PRESERVE THEM?

27 A. WELL, I HAD DIFFERENT CONTAINERS. ONE CONTAINED

28 RUBBING ALCOHOL, WHICH I PUT SOME OF THE INSECTS INTO. ANOTHER
5544
1 HAD A PIECE OF LIVER IN THERE, A DIFFERENT CONTAINER WHICH I

2 PLACED A MAGGOT IN.

3 Q. ALL RIGHT.

4 SO YOU PUT ‘EM IN AT LEAST TWO DIFFERENT

5 CONTAINERS?

6 A. YES.

7 Q. IS THAT ALL?

8 A. YOU MEAN, WERE THERE OTHER CONTAINERS?

9 Q. YES, MA’AM, FOR THE PURPOSE OF COLLECTING INSECTS?

10 A. I REMEMBER THE TWO. I’M NOT SURE IF THERE WERE

11 MORE.

12 Q. SO THERE COULD HAVE BEEN AND YOU JUST DON’T

13 REMEMBER?

14 A. YES.

15 Q. WHAT DID YOU DO WITH THE INSECTS AFTER YOU

16 COLLECTED THEM?

17 A. I BROUGHT THEM BACK TO THE LABORATORY.

18 Q. AND THEN WHAT DID YOU DO WITH THEM?

19 A. THEY WERE TURNED OVER TO AN ENTOMOLOGIST, A

20 FORENSIC ENTOMOLOGIST.

21 Q. WHO IS THAT?

22 A. HIS NAME IS DAVID FAULKNER.

23 Q. WHAT’S A FORENSIC ENTOMOLOGIST?

24 A. THEY STUDY HOW INSECTS ARE RELATED TO — WELL,

25 FORENSIC INVESTIGATIONS.

26 Q. WHAT’S A FORENSIC INVESTIGATION?

27 A. IT WOULD HAVE TO DO WITH THE SCIENCE OF THE INSECTS

28 OR THE BUGS THAT WERE COLLECTED.
5545
1 Q. AND WHY WOULD THE SCIENCE OF THE INSECTS OR BUGS

2 THAT WERE COLLECTED HAVE ANY BEARING ON FORENSICS?

3 MR. CLARKE: OBJECTION, BEYOND THE SCOPE, YOUR HONOR.

4 THE COURT: SUSTAINED. YOU NEED NOT ANSWER, MA’AM.

5 MR. FELDMAN: YOUR HONOR, ON SCOPE, YOUR HONOR?

6 THE COURT: YES, IT’S ON SCOPE AND FOUNDATION. MOVE ON.

7 MR. FELDMAN: ALL RIGHT.

8 Q. DID YOU COLLECT ALSO ANY DIRT FROM THE AREA

9 UNDERNEATH THE BODY?

10 A. YES, I DID.

11 Q. DID YOU LITERALLY DIG DEEP ENOUGH TO OBTAIN A CORE

12 SAMPLE OF THE SOIL?

13 A. I DUG INTO THE SOIL, YES.

14 Q. HOW DEEP DID YOU DIG, IF YOU RECALL?

15 A. I DON’T RECALL THE EXACT DEPTH.

16 Q. A FOOT, LESS THAN A FOOT?

17 A. MAY HAVE BEEN AROUND A FOOT BUT I DON’T RECALL THE

18 EXACT DEPTH THAT I DUG.

19 Q. OKAY. SO WHEN YOU SAY IT MAY HAVE BEEN A FOOT,

20 YOU’RE OFFERING A GUESS; IS THAT RIGHT?

21 A. I DON’T RECALL EXACTLY THE DEPTH, NO.

22 Q. OKAY.

23 DID YOU RECEIVE ANY PARTICULAR TRAINING IN SCENE

24 PRESERVATION SPECIFIC TO CORE SAMPLES OF SOIL??

25 MR. CLARKE: OBJECTION, BEYOND THE SCOPE.

26 THE COURT: OVERRULED.

27 YOU CAN ANSWER THAT YES OR NO.

28 THE WITNESS: YOUR QUESTION WAS HAVE I RECEIVED TRAINING
5546
1 IN CORE SAMPLES OF SOIL?

2

3 BY MR. FELDMAN:

4 Q. YES.

5 A. YES. NOT SPECIFIC TRAINING TO CORE SAMPLES, NO.

6 Q. DID YOU COLLECT AREAS OF GRASS?

7 A. I COLLECTED GRASS, YES.

8 Q. AND YOU COLLECTED SHRUBS FROM THE AREA OF THE BODY,

9 IS THAT RIGHT?

10 A. I KNOW DORIE COLLECTED SOME PIECES OF SHRUBBERY. I

11 DON’T RECALL IF I DID.

12 Q. DID YOU AND SHE SEPARATE OR WERE YOU WORKING

13 TOGETHER? I MEAN, IN CLOSE PROXIMITY?

14 A. WE WORKED IN CLOSE PROXIMITY, YES.

15 Q. WELL, BUT APPARENTLY AT SOME POINT SHE WAS OUT

16 DOING SOMETHING WITH THE LEAVES AND YOU WERE DOING SOMETHING

17 ELSE; IS THAT CORRECT?

18 A. THAT’S CORRECT.

19 Q. WHAT WERE YOU DOING AS SHE WAS GOING THROUGH THE

20 LEAVES, IF YOU RECALL?

21 A. I WAS PROBABLY PHOTOGRAPHING THE SCENE.

22 Q. ALL RIGHT. I’M GOING TO PUT A PHOTO UP ON THE

23 BOARD.

24 YOUR HONOR, I WANT A SIDE BAR, PLEASE.

25 THE COURT: ALL RIGHT. I THINK IT’S APPROPRIATE.

26 OPHELIA.

27 (THE FOLLOWING PROCEEDINGS WERE HELD
AT THE BENCH BETWEEN COURT AND COUNSEL:)
28
5547
1 THE COURT: BE VERY BRIEF BECAUSE I KNOW EXACTLY WHAT

2 YOU’RE GOING TO SAY.

3 I THINK IT’S APPROPRIATE THAT MR. AND MRS. VAN DAM

4 NOT BE PRESENT IN THIS COURTROOM DURING THE PRESENTATION OF THE

5 EXHIBITS THAT MR. FELDMAN’S GOING TO USE.

6 YESTERDAY IN THE NEWS IT WAS A TOPIC OF GREAT

7 DISCUSSION ABOUT THE IMPRESSIONS THAT SOME OF THE MEDIA PEOPLE

8 HAD TO THE REACTION OF MRS. VAN DAM WHEN SHE LEFT THE COURTROOM

9 YESTERDAY CRYING AND —

10 MR. DUSEK: I’LL ASK THEM.

11 THE COURT: ASKING ISN’T GOING TO WORK. YOU TELL THEM.

12 YOU TELL THEM THE COURT IS INSTRUCTING THEM TO LEAVE.

13 MR. FELDMAN: THANK YOU.

14 THE COURT: ALL RIGHT.

15 (THE FOLLOWING PROCEEDINGS WERE HELD IN
OPEN COURT IN THE PRESENCE OF THE JURY:)
16

17 THE COURT: ALL RIGHT. MR. FELDMAN.

18

19 BY MR. FELDMAN:

20 Q. MA’AM, I’D LIKE TO DIRECT YOUR ATTENTION TO WHAT’S

21 BEEN PREVIOUSLY MARKED PROSECUTION EXHIBIT 4.

22 DOES 4 TRULY AND ACCURATELY DEPICT THE CONDITION OF

23 THE AREA THAT YOU JUST TOLD US YOU WERE PHOTOGRAPHING?

24 A. YES, IT DOES.

25 Q. I THINK I — SPECIFICALLY IN 4D WE SEE WHAT APPEARS

26 TO BE A TREE OF SOME KIND AND A CIRCLE.

27 DO YOU SEE THAT, MA’AM?

28 A. YES, I DO.
5548
1 Q. HAVE YOU SEEN THESE — THIS PARTICULAR BOARD OF

2 PHOTOS BEFORE OR THESE PHOTOGRAPHS BEFORE?

3 A. YES.

4 Q. ARE THESE PHOTOGRAPHS YOU TOOK?

5 A. THEY APPEAR TO BE.

6 Q. ALL RIGHT.

7 SPECIFICALLY, DIRECTING YOUR ATTENTION TO 4D, DOES

8 4D DEPICT THE SHRUBBERY AT LEAST THAT WAS IN AND AROUND THE AREA

9 OF THE BODY?

10 A. YES, IT DOES.

11 Q. WE HEARD TESTIMONY EARLIER TODAY THAT THERE WAS

12 POISON OAK IN THE AREA. DO YOU RECALL WHETHER OR NOT — WELL,

13 LET ME ASK YOU, ARE YOU SENSITIVE TO POISON OAK?

14 A. YES.

15 Q. WERE YOU LOOKING OUT FOR THE EXISTENCE OF POISON

16 OAK?

17 A. YES, I WAS.

18 Q. DID YOU TAKE ANY PRECAUTIONS TO AVOID BECOMING

19 YOURSELF EXPOSED TO POISON OAK?

20 A. I WORE AN OUTFIT THAT WOULD PREVENT MY SKIN FROM

21 TOUCHING IT, YES.

22 Q. WHAT KIND OF AN OUTFIT, PLEASE?

23 A. IT WAS A JUMPSUIT OR OVERALLS.

24 Q. I’M SORRY. YOU SAY A JUMPSUIT OR OVERALLS, AND I

25 DON’T KNOW THE DIFFERENT, I’M SORRY?

26 A. WELL, IT’S MORE LIKE A JUMPSUIT.

27 Q. ALL RIGHT.

28 IS THAT A TWO PIECE — TWO PIECES OR ONE PIECE?
5549
1 A. ONE PIECE.

2 Q. DO YOU REMEMBER THE COLOR?

3 A. BLACK.

4 Q. INDEED DO YOU SEE WHERE THERE IS POISON OAK?

5 A. NO.

6 Q. DID YOU MAKE ANY PARTICULAR NOTATIONS, MENTAL

7 NOTATIONS, WRITTEN NOTATIONS THAT MIGHT REFLECT WHERE IN “B”,

8 “C”, “D”, “E” OR “F” THERE MIGHT HAVE BEEN POISON OAK CLOSE?

9 A. NO, I DID NOT NOTATE THAT.

10 Q. PARDON ME?

11 A. NO, I DID NOT.

12 Q. DO YOU HAVE A RECOLLECTION AS TO WHETHER OR NOT YOU

13 SAW POISON OAK IN THE AREA?

14 A. I’M NOT SURE THAT IT WAS POISON OAK, BUT YES, I

15 REMEMBER SEEING SOME PLANTS THERE THAT COULD HAVE BEEN.

16 Q. WHERE IN RELATION TO THE BODY WERE THE PLANTS THAT

17 COULD HAVE BEEN POISON OAK?

18 A. THEY WERE CLOSE OR RIGHT AROUND THE BODY.

19 Q. WHEN YOU SAY CLOSE OR RIGHT AROUND CAN YOU, AS BEST

20 YOU CAN DESCRIBE IT — ONCE AGAIN, I’LL SHOW YOU 4. TELL ME

21 WHERE YOU MEAN TO COMMUNICATE.

22 A. I’M NOT SURE THAT’S POISON OAK BUT THERE ARE GREEN

23 PLANTS AS YOU CAN SEE IN THE PHOTOGRAPH.

24 Q. I’M SORRY, WHICH PHOTO ARE YOU REFERRING TO, MA’AM?

25 A. IT’S LETTERED “E” IN THE CENTER.

26 Q. OKAY.

27 SO ALL THE GREEN PLANTS THAT WE SEE IN THAT AREA

28 YOU THINK MAY BE POISON OAK?
5550
1 A. THEY COULD BE BUT I’M NOT SURE.

2 Q. ALL RIGHT.

3 AND THERE WAS A LOT OF GREEN KIND OF PLANTS IN THE

4 GENERAL AREA OF WHERE THE BODY WAS, ISN’T THAT TRUE?

5 A. THERE WAS OTHER SHRUBBERY THERE, YES.

6 Q. BY THE WAY, THIS IS PRETTY MUCH A DUMP SITE, ISN’T

7 IT, THE AREA DEPICTED AT THE RECOVERY SITE?

8 A. THERE WAS AREA SURROUNDING THAT APPEARED TO BE,

9 YES.

10 Q. THAT IS WHERE JUST PEOPLE WHO LIVED IN THE

11 COMMUNITY WOULD JUST KIND OF THROW TRASH?

12 MR. CLARKE: OBJECTION, CALLS FOR SPECULATION.

13 THE COURT: YOU CAN DESCRIBE IT IN A BETTER WAY. THE

14 OBJECTION IS SUSTAINED.

15

16 BY MR. FELDMAN:

17 Q. DID YOU NOTICE ANY TRASH IN THE AREA?

18 A. YES, IN THE SURROUNDING AREA.

19 Q. COULD YOU PLEASE TELL US WHAT KIND OF TRASH IT WAS?

20 A. I REMEMBER THERE BEING MATTRESS — OR OLD SOFAS,

21 THINGS LIKE THAT.

22 Q. HOW ABOUT PLASTIC TRASH BAGS, THAT KIND OF STUFF?

23 A. THERE COULD HAVE BEEN. I DON’T RECALL.

24 Q. BEER CANS?

25 A. YES.

26 Q. SODA CANS?

27 A. POSSIBLY.

28 Q. I’M GOING TO SWITCH TOPICS, ALL RIGHT, JUST SO THAT
5551
1 YOU TRACK ME.

2 DIRECTING YOUR ATTENTION TO 45, 45 IS THE WASHING

3 MACHINE IN THE LAUNDRY ROOM IN MR. WESTERFIELD’S RESIDENCE; IS

4 THAT CORRECT?

5 A. YES.

6 Q. DID YOU TELL US THAT YOU HAD IDENTIFIED A

7 PARTICULAR — I THINK YOU TOLD US A PARTICULAR PAIR OF

8 UNDERPANTS, BLACK AND GRAY BOXER SHORTS?

9 A. YES. I RECALL THOSE.

10 Q. WOULD THAT BE — DO YOU HAVE YOUR ITEM NUMBER?

11 A. I BELIEVE IT WAS 7 BUT I AM GOING TO DOUBLE-CHECK

12 ON MY REPORT. YEAH, IT WOULD BE PART OF ITEM 7 THAT I

13 COLLECTED.

14 Q. YES, OKAY. I THINK THERE’S ANOTHER, EXHIBIT 105?

15 THE COURT: IT’S WHITE BUTCHER PAPER HELD TOGETHER BY

16 RUBBER BAND.

17 MR. FELDMAN: OH, YES. THANK YOU, YOUR HONOR.

18 Q. MA’AM, ON THE OUTSIDE OF 105, I THINK YOU TOLD US

19 THAT 105 WAS A PAIR OF BOXER SHORTS, IS THAT RIGHT?

20 A. THAT’S COURT EXHIBIT 105 YOU’RE REFERRING TO?

21 Q. YES, MA’AM, YES.

22 A. YES.

23 Q. AND ON THE COURT EXHIBIT IT SAYS, AS YOU CAN SEE, I

24 THINK 7I, IS THAT RIGHT?

25 A. YES, THE ITEM NUMBER.

26 Q. AND DOES 7I CORRESPOND TO SOMETHING ON YOUR

27 EVIDENCE LIST?

28 A. I DIDN’T NUMBER IT WITH THAT NUMBER, BUT IT WOULD
5552
1 BE PART OF ITEM 7.

2 Q. OKAY.

3 AND DID ITEM 7 COME FROM ANY OF THE LOCATIONS

4 DEPICTED IN 45?

5 A. YES.

6 Q. WHICH LOCATION?

7 A. ITEM 7 CAME FROM THE DRYER, INSIDE THE DRYER.

8 Q. OKAY.

9 DO WE SEE THAT WITH THE NO. 7 IN FRONT OF IT?

10 A. YES.

11 Q. YOU DESCRIBED THE PAIR AS BOXER SHORTS; IS THAT

12 RIGHT?

13 A. YES.

14 Q. BUT YOU ALSO DESCRIBED ‘EM AS MEDIUM BOXER SHORTS,

15 ISN’T THAT TRUE?

16 A. YES, AND MY EVIDENCE SHOWS A PAIR OF MEDIUM BOXER

17 SHORTS.

18 Q. IN FACT, THE PACKAGE SAYS “MEDIUM BOXER SHORTS”,

19 CORRECT?

20 A. YES, IT DOES.

21 Q. THE PACKAGE THAT I JUST SHOWED YOU, MA’AM, WAS

22 EXHIBIT 105, ISN’T THAT TRUE?

23 A. YES.

24 Q. IN 7 — ACTUALLY IN ITEM 7 YOU ALSO HAVE A SERIES

25 OF EXHIBITS THAT YOU REFERRED TO AS EVIDENCE ITEM 6. I’M JUST

26 TRYING TO SLIDE YOU BACK A PAGE. ITEM 6 ALSO CONSISTS OF

27 MATERIALS — I’M SORRY, ITEM 6 IN YOUR EVIDENCE LIST CONSISTS OF

28 MATERIALS THAT ALSO CAME FROM ONE OF THE ITEMS DEPICTED IN 45
5553
1 WHICH IS RIGHT BEHIND YOU; IS THAT CORRECT?

2 A. YOU’RE ASKING ME ABOUT ITEM NO. 6?

3 Q. YES, MA’AM.

4 A. YES.

5 Q. AND WHERE DOES THE SERIES OF ITEMS IN 6 SOURCE FROM

6 IN 45?

7 A. ARE YOU ASKING WHERE ITEM NO. 6 WAS IN THIS

8 EXHIBIT? THAT WOULD HAVE BEEN ON TOP OF THE DRYER.

9 Q. ALL RIGHT.

10 AND WE SEE THE TOP OF THE DRYER TO WHICH YOU’RE

11 MAKING REFERENCE IN TWO SEPARATE PHOTOGRAPHS, DO WE NOT?

12 A. YES.

13 Q. PHOTOGRAPH “B” OF 45, AND IS IT — IS “D” ALSO IN

14 45?

15 A. YES. AND “A” ALSO DEPICTS IT AS WELL.

16 Q. ALL RIGHT.

17 AND YOU WENT THROUGH AND YOU INVENTORIED THAT WHICH

18 APPEARS ON THE TOP OF THOSE — ON THE TOP OF THE DRYER, RIGHT?

19 A. THE ITEMS ON TOP OF THE DRYER, YES, I DID INVENTORY

20 THEM.

21 Q. PARDON ME, MA’AM, I’M SORRY.

22 AND YOU SPECIFICALLY NOTED ONE WHITE EDDIE BAUER

23 SIZE EXTRA LARGE T-SHIRT, IS THAT RIGHT?

24 A. YES. THAT’S HOW IT’S LISTED IN MY EVIDENCE LIST.

25 Q. AND YOU NOTED ONE WHITE TRIPLE “A” SIZE EXTRA LARGE

26 T-SHIRT WITH BLUE SILK SCREEN PRINT, CORRECT?

27 A. YES.

28 Q. AND YOU NOTED ONE PAIR OF BLACK JERSEYS SIZE EXTRA
5554
1 LARGE SWEAT PANTS, CORRECT?

2 A. YES.

3 Q. AND THEN YOU NOTED ONE PAIR OF GRAY BIG DOG SIZE

4 MEDIUM BOXER SHORTS, IS THAT RIGHT?

5 A. YES.

6 Q. AND THREE PAIRS OF WHITE BVDS SIZE 36 BRIEFS, IS

7 THAT RIGHT?

8 A. YES.

9 Q. AND ITEM 7 YOU NOTED AN EXTRA LARGE SHIRT; IS THAT

10 CORRECT?

11 A. YES.

12 Q. WERE YOU AWARE THAT TWO MALES WERE RESIDING IN THAT

13 HOUSE?

14 A. YES.

15 Q. MA’AM, DIRECTING YOUR ATTENTION TO WHAT’S BEEN

16 PREVIOUSLY MARKED EXHIBIT 93, EXHIBIT 93 IS LABELED

17 “WESTERFIELD’S RESIDENCE NEAL’S BEDROOM”; IS THAT CORRECT?

18 A. YES.

19 Q. DID YOU CHECK ANY OF THE — YOU GOT A SEARCH

20 WARRANT, RIGHT?

21 A. THERE WAS A SEARCH WARRANT THAT WAS OBTAINED TO GO

22 IN THAT HOUSE, YES.

23 Q. SO YOU HAD AUTHORITY TO CHECK ALL THE DRAWERS,

24 RIGHT?

25 A. YES.

26 Q. DID YOU CHECK WESTERFIELD RESIDENCE NEAL’S BEDROOM

27 THE DRESSER DRAWERS?

28 A. EITHER MYSELF OR A DETECTIVE WENT THROUGH THOSE.
5555
1 Q. DO YOU REMEMBER FINDING MEDIUM SIZE UNDERWEAR?

2 A. IN THE DRAWERS OR IN HIS ROOM? IS THAT WHAT YOU’RE

3 REFERRING TO?

4 Q. YES, MA’AM.

5 A. NO.

6 Q. DID YOU LOOK?

7 A. LIKE I SAID, I DON’T KNOW WHETHER I WOULD HAVE

8 LOOKED THROUGH THOSE DRAWERS. I DON’T RECALL LOOKING THROUGH

9 THOSE DRAWERS. MAYBE A DETECTIVE DID.

10 Q. SO THAT APPARENTLY WASN’T PART OF YOUR DIRECTED

11 ASSIGNED RESPONSIBILITIES; IS THAT CORRECT?

12 A. WHAT WASN’T?

13 Q. LOOKING IN NEAL WESTERFIELD’S BEDROOM, LOOKING

14 THROUGH HIS DRESSER DRAWER TO DETERMINE THE SIZE OF HIS

15 UNDERPANTS?

16 A. I WAS NOT DIRECTED TO DO THAT, NO.

17 Q. WERE YOU DOING BASICALLY WHAT YOU WERE DIRECTED TO

18 DO?

19 A. YES. I DO WORK UNDER THE DIRECTION OF THE HOMICIDE

20 TEAM THAT I WORK FOR.

21 Q. OKAY.

22 SO THE HOMICIDE TEAM DID NOT TELL YOU TO GO INTO

23 THE DRESSER DRAWERS OF NEAL WESTERFIELD APPARENTLY, CORRECT?

24 A. NOT SPECIFICALLY, NO.

25 Q. ALL RIGHT.

26 YOU NOTED ALSO IN MR. WESTERFIELD’S BEDROOM — I’M

27 SORRY. IN NEAL WESTERFIELD’S RESIDENCE — YOU NOTED NEAL

28 WESTERFIELD’S BEDROOM IN THE RESIDENCE YOU NOTED A COMPUTER, IS
5556
1 THAT RIGHT?

2 A. YES.

3 Q. AND THERE WERE C. D.S, WEREN’T THERE?

4 A. IN THAT BEDROOM?

5 Q. YES.

6 A. YES.

7 Q. AND THERE WERE ZIP DISKS, WEREN’T THERE?

8 A. I BELIEVE SO, YES.

9 Q. DO YOU KNOW WHETHER OR NOT THAT COMPUTER WAS

10 REMOVED?

11 A. WAS THE COMPUTER REMOVED FROM THE BEDROOM, IS THAT

12 WHAT YOU’RE ASKING?

13 A. YES, MA’AM, IN NEAL’S — WHAT’S REFERRED TO AS

14 NEAL’S BEDROOM?

15 A. YES.

16 Q. AND DO YOU KNOW WHAT KIND OF COMPUTER IT WAS?

17 A. NOT WITHOUT LOOKING AT MY NOTES OR MY REPORT.

18 Q. I’M SORRY?

19 A. NOT WITHOUT LOOKING AT MY REPORT, NO.

20 Q. IF YOU WISH, PLEASE?

21 A. (WITNESS COMPLYING.)

22 MY REPORT SHOWS THAT IT WAS A GATEWAY 2002 COMPUTER

23 TOWER. THAT’S WHAT WAS TAKEN OR COLLECTED.

24 Q. AND DOES YOUR REPORT ALSO REFLECT THAT ZIP DISKS

25 WERE TAKEN?

26 A. I BELIEVE SO.

27 Q. AND THAT C. D.S WERE TAKEN?

28 A. YES.
5557
1 Q. FROM NEAL’S BEDROOM?

2 A. YES.

3 Q. I THINK YOU DESCRIBED IN ANOTHER AREA OF THE

4 RESIDENCE THAT YOU CHARACTERIZED AS THE OFFICE AREA OF THE

5 RESIDENCE, OR AT LEAST THAT WAS CHARACTERIZED TO YOU AS THE

6 OFFICE AREA OF THE RESIDENCE.

7 I’M TRYING TO DO THIS IN A WAY NOT TO GET ANYBODY

8 CLUNKED.

9 DIRECTING YOUR ATTENTION TO WHAT’S BEEN PREVIOUSLY

10 MARKED 102, DOES 102 APPEAR TO ACCURATELY DEPICT WHAT’S BEEN

11 CHARACTERIZED AS THE OFFICE IN THE RESIDENCE?

12 A. YES, IT DOES.

13 Q. SPECIFICALLY DIRECTING YOUR ATTENTION TO PHOTOGRAPH

14 “C”, “D”, “E” AND” “F”, MA’AM, DID YOU TAKE THOSE PICTURES?

15 A. APPEARS TO BE PICTURES I TOOK, YES.

16 Q. DID YOU TAKE THOSE PICTURES CONTEMPORANEOUS WITH

17 YOUR ACTIVITIES IN CONNECTION WITH THE SEARCH?

18 A. YES.

19 Q. DID YOU ALTER ANY OF THE EVIDENCE?

20 A. NO.

21 Q. DID YOU CHANGE THE POSITION OF ANY OF THE EVIDENCE?

22 A. WELL, FOR THE PHOTOGRAPHS IN THIS EXHIBIT?

23 Q. YES, MA’AM.

24 A. THE ITEMS ON THE BOTTOM —

25 Q. YES.

26 A. — WHICH IS LABELED AS NO. 12, YEAH. I TOOK THEM

27 WHEN THEY WERE LAID OUT ON A CARPET AS OPPOSED TO WHERE THEY

28 WERE ORIGINALLY LOCATED.
5558
1 Q. BUT “C”, “D”, “E” AND “F”, YOU TOOK THEM WHERE THEY

2 WERE ORIGINALLY LOCATED?

3 MR. CLARKE: OBJECTION, VAGUE.

4 THE COURT: SUSTAINED.

5

6 BY MR. FELDMAN:

7 Q. DID YOU TAKE “C”, “D”, “E” AND “F” AT TIMES WHERE

8 YOU THOUGHT THEY WERE ORIGINALLY LOCATED?

9 MR. CLARKE: SAME OBJECTION.

10 THE COURT: SUSTAINED.

11 MR. FELDMAN: SORRY, VAGUE?

12 THE COURT: EXTREMELY.

13 MR. FELDMAN: OKAY.

14 Q. DIRECTING YOUR ATTENTION TO EXHIBIT C, DO YOU

15 RECALL THE TIME THAT YOU TOOK THAT PHOTOGRAPH?

16 A. TAKE THAT TIME, NO.

17 Q. DO YOU HAVE ANY NOTES THAT WOULD REFLECT THE TIME

18 THAT YOU TOOK THE PHOTO, MA’AM?

19 A. MY REPORTS SHOW WHEN I ACTUALLY START MY

20 PHOTOGRAPHY, BUT AS FAR AS WHEN I TAKE EACH PICTURE, I DON’T

21 NOTE THAT, NO.

22 Q. SO DOES THAT MEAN — WELL, OKAY. SO YOU DON’T

23 RECALL WHETHER OR NOT “C”, “D”, “E” AND “F” WERE TAKEN

24 SEQUENTIALLY, FOR INSTANCE?

25 A. I WOULDN’T KNOW THAT WITHOUT SEEING THE ACTUAL

26 PHOTOGRAPH THAT I TOOK, NO, I DON’T.

27 Q. THESE ARE NOT THE ACTUAL PHOTOGRAPHS YOU TOOK.

28 THEY’RE JUST BLOWUPS OF THE ACTUAL PHOTOGRAPHS, IS THAT RIGHT,
5559
1 MA’AM?

2 A. CORRECT.

3 Q. SPECIFICALLY DIRECTING YOUR ATTENTION TO AN AREA IN

4 “D” THAT APPEARS TO SHOW — I WOULD CALL THEM C. D. STORAGE

5 RACKS. I’M TRYING TO CIRCLE, IT’S ABOUT MIDSTREAM, DO YOU

6 AGREE?

7 A. YES.

8 Q. WOULD YOU AGREE THAT I CAN CALL THEM C. D. STORAGE

9 AREAS?

10 A. SURE, C. D.S INSIDE THE BOOKCASE.

11 Q. I WANT TO MAKE SURE WE’RE ON TRACK HERE.

12 A. YES.

13 Q. I WANT TO DIRECT YOUR ATTENTION TO WHAT WE ALSO SEE

14 NOW IN EXHIBIT “F”. IT’S THE SAME AREA AS WE SEE IN “D”, ISN’T

15 THAT RIGHT?

16 A. YES.

17 Q. THERE’S A DIFFERENCE, THOUGH, ISN’T THERE?

18 A. YES.

19 Q. AND THE DIFFERENCE IS THAT WE’RE MISSING OR

20 APPARENTLY MISSING SOMETHING THAT WE SEE IN “D” BUT WE DO NOT

21 SEE IN “F”; IS THAT CORRECT?

22 A. ITEMS APPEAR TO BE MOVED, YES.

23 Q. I’M SORRY?

24 A. ITEMS APPEAR TO BE MOVED.

25 Q. DID YOU MOVE THOSE ITEMS?

26 A. NO.

27 Q. DO YOU KNOW WHO MOVED THOSE ITEMS?

28 A. YES.
5560
1 Q. WHO?

2 A. THERE WERE TWO GENTLEMEN THERE THAT WORK FOR THE

3 REGIONAL COMPUTER FORENSICS LAB.

4 Q. BEFORE THEY MOVED THE ITEMS, WAS ANY EFFORT MADE TO

5 PROTECT THE CONTAINERS AGAINST FINGERPRINT CONTAMINATION?

6 A. I WASN’T IN THE ROOM AT THE TIME THEY WERE

7 EXAMINING THE ITEMS IN THE ROOM.

8 Q. WAS ANY EFFORT MADE BY YOU TO I.D. — WELL, STRIKE

9 THAT.

10 DO YOU REMEMBER WHAT IT WAS THAT USED TO BE IN “D”

11 THAT WE DON’T SEE IN “F”?

12 A. I CAN ONLY GO BY THE PHOTOGRAPH, WHAT’S SHOWING

13 THERE IN PHOTOGRAPH “D” AS OPPOSED TO IT NOT BEING THERE IN

14 PHOTOGRAPH “F”.

15 Q. ALL RIGHT.

16 IN “J” WE SEE WHAT APPEARS TO BE A 12, IS THAT

17 RIGHT, MA’AM?

18 A. YES. THERE’S A PLACARD NO. 12.

19 Q. AND IT LOOKS LIKE THERE’S SOME KIND OF A CONTAINER

20 AND A C. D.; IS THAT CORRECT?

21 A. YES.

22 Q. THE CONTAINER APPEARS TO BE — IS IT LIKE BROWN

23 PAPER?

24 A. IT’S A BROWN PAPER BAG, YES.

25 Q. DOES BROWN PAPER SOMETIMES — CAN YOU DO SOMETHING

26 TO IT TO RAISE FINGERPRINTS?

27 A. YES.

28 Q. THE C. D. CONTAINER, THAT’S PLASTIC, ISN’T IT?
5561
1 A. YES.

2 Q. IS THAT A GOOD SURFACE FOR PURPOSES OF RISING OR

3 RAISING LATENT LIFTS?

4 A. IT CAN BE, YES.

5 Q. THE C. D. ITSELF, IS THAT A SURFACE THAT YOU CAN

6 POTENTIALLY RAISE LATENT FINGERPRINT EVIDENCE ON?

7 A. YES, IT IS.

8 Q. WAS ANY EFFORT MADE TO PRESERVE FOR LATENT PRINT

9 IDENTIFICATION ANYTHING DEPICTED IN 102J?

10 A. WHEN I HANDLED THOSE ITEMS I WAS WEARING GLOVES,

11 AND I’M VERY CONSCIOUS OF NOT LEAVING FINGERPRINTS OR POSSIBLY

12 MOVING THEM.

13 THE COURT: COUNSEL, WE ARE GOING TO BREAK FOR LUNCH. I

14 NEED TO CHAT WITH THE JURY JUST A SECOND.

15 LADIES AND GENTLEMEN, WHEN I STARTED MY DAY OFF I

16 TOLD YOU I HAD THREE THINGS TO TALK ABOUT AND I ONLY COVERED TWO

17 OF THEM FOR A REASON. AND THE REASON WAS THE THIRD SUBJECT I

18 WANTED TO DEAL WITH YOU ARE THE COMINGS AND GOINGS OF CERTAIN

19 PEOPLE IN AND OUT OF THIS COURTROOM.

20 I WATCH YOU FOLKS AND I WATCH THE AUDIENCE VERY

21 CAREFULLY, AND SOME OF THE PUNDITS IN THE COURTROOM INDICATED

22 THAT WHEN MRS. VAN DAM LEFT THE COURTROOM YESTERDAY THAT A

23 NUMBER OF YOU APPEARED TO BE QUITE CONCERNED.

24 I WAS WATCHING THAT VERY THING AND DISAGREE

25 WHOLEHEARTEDLY IN THEIR OBSERVATIONS. BUT THE FACT REMAINS THAT

26 WE PRIVATELY HAVE DISCUSSED THIS SUBJECT, AND I NOW WANT TO

27 PUBLICLY REMIND YOU, THAT IF AT ANY TIME ANY OF YOU SEE ANY

28 PERSON IN THIS COURTROOM THAT YOU FEEL IN ANY WAY IS
5562
1 INTIMIDATING TO YOU OR IN ANY WAY INTERFERING WITH YOUR

2 OBJECTIVITY AND THE JOB YOU HAVE TO DO, PLEASE LET ME KNOW THAT

3 AND I WILL CORRECT THE SITUATION.

4 I STAND BY WHAT I TOLD YOU PRIVATELY AND NOW I’VE

5 TOLD YOU ONCE AGAIN. SO IF ANY OF YOU BECOME CONCERNED FOR ANY

6 REASON THAT YOU’RE BEING COMPROMISED, PLEASE LET ME KNOW AND

7 WE’LL DEAL WITH IT.

8 PLEASE REMEMBER THE ADMONITION OF THE COURT NOT TO

9 DISCUSS ANY OF THE EVIDENCE OR TESTIMONY AMONG YOURSELVES OR

10 WITH OTHERS, NOR FORMULATE OR EXPRESS ANY OPINIONS ON THIS CASE

11 UNTIL THE MATTER IS SUBMITTED TO YOU FOR DECISION.

12 HAVE A PLEASANT LUNCH. WE’LL SEE YOU AT 1:30.

13 HALF PAST 1:00.

14

15 (AT 12:00 P.M. THE NOON RECESS WAS
TAKEN UNTIL 1:30 P.M. OF THE SAME DAY.)
16

17 –O0O–

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38 - Day 10- June 19th 2002 - Transcript criminal trial David Westerfield
36 - Day 10- June 19th 2002 - Transcript criminal trial David Westerfield