TRIAL DAY 11 – PART 2 – morning 2
SAN DIEGO, CALIFORNIA, THURSDAY, JUNE 20, 2002 (morning 2)
WITNESSES:
Sean Soriano (criminalist San Diego police, examined Westerfield’s clothing and bedding and items found in Danielle’s bedroom. Testified finding blood and hairs. Cross-exam)
Annette Peer (Forensic biology unit, testified about DNA)
1 THE COURT: OKAY. WELCOME BACK, LADIES AND GENTLEMEN.
2 ALL RIGHT. MR. FELDMAN.
3 MR. FELDMAN: THANK YOU.
4 Q. MR. SORIANO, ABOUT HOW MANY DIFFERENT ITEMS DID YOU
5 TEST, SIR?
6 A. ROUGHLY APPROXIMATELY OVER — APPROXIMATELY 97
7 ITEMS.
8 Q. DID YOU ALSO TEST ITEMS FROM THE RECOVERY SCENE?
9 A. YES, I DID.
10 Q. WHAT DID YOU TEST?
11 A. COULD YOU BE MORE SPECIFIC?
12 Q. WELL, I ASKED YOU DID YOU TEST ITEMS FROM THE
13 RECOVERY SCENE.
14 A. YES.
15 Q. YOU GAVE ME YES?
16 A. YES.
17 Q. YOU UNDERSTAND WE’RE TALKING ABOUT THE AREA WHERE
18 DANIELLE VAN DAM WAS FOUND?
19 A. OKAY.
20 Q. WHAT ITEMS, IF YOU RECALL, DID YOU TEST FROM THE
21 RECOVERY SCENE?
22 A. I TESTED A SELECTED NUMBER OF LEAVES.
23 Q. WHEN YOU SAY A SELECTED NUMBER OF LEAVES, COULD
24 YOU — IS THERE A NUMBER THAT YOU’RE MEANING TO COMMUNICATE OR
25 JUST SOMEONE ELSE SELECTED THEM AND GAVE THEM TO YOU? WHAT DO
26 YOU MEAN?
27 A. PRIOR TO ME EXAMINING THOSE LEAVES FOR MY ANALYSIS
28 ANOTHER CRIMINALIST EXAMINED THOSE LEAVES.
5740
1 Q. AND THEN GAVE THEM TO YOU?
2 A. NO. I THEN RETRIEVED THEM FROM THE PROPERTY ROOM.
3 Q. AND WHAT WAS YOUR PURPOSE IN RETRIEVING THEM FROM
4 THE PROPERTY ROOM?
5 A. A REQUEST WAS GIVEN TO ME TO ANALYZE THE LEAVES FOR
6 THE PRESENCE — FOR THE PRESENCE OF A COMPONENT OF SEMEN.
7 Q. AND DID YOU TEST THE LEAVES FOR A COMPONENT OF
8 SEMEN?
9 A. YES, I DID.
10 Q. WHAT WAS THE RESULT? IT WAS NEGATIVE, WASN’T IT?
11 A. IF I MAY REFER TO MY NOTES?
12 Q. PLEASE.
13 A. REFERRING TO PAGE 12 OF MY REPORT, THE 12 LEAVES
14 GAVE NEGATIVE RESULTS FOR THE DETECTION OF THE SEMINAL PROTEIN
15 P-30, A COMPONENT OF SEMEN.
16 Q. OKAY. YOU SAID P-30, BUT THAT’S JUST ONE OF THE
17 PROTEINS THAT ROUTINELY THE FORENSIC COMMUNITY FINDS IN RAPE
18 TYPE EVALUATIONS AND MATTERS LIKE THAT?
19 A. IT’S A COMPONENT SEMEN.
20 Q. AND IF YOU FIND IT IT SUGGESTS THERE’S SEMEN
21 PRESENT, CORRECT?
22 A. CORRECT.
23 Q. BUT YOU DIDN’T FIND IT AT LEAST WITH REGARD TO THE
24 LEAVES, RIGHT?
25 A. CORRECT.
26 Q. NOW, YOU WERE ALSO ASKED TO TEST A VARIETY OF
27 SWABS, ISN’T THAT RIGHT? I’M ON THE SAME PAGE OF YOUR REPORT I
28 THINK AS YOU ARE, 12 OF 14, SIR?
5741
1 A. THAT IS CORRECT.
2 Q. NEXT PARAGRAPH UP FROM THE BOTTOM?
3 A. CORRECT.
4 Q. AND YOU WERE SPECIFICALLY REQUESTED TO TEST CERTAIN
5 OF THE CLOTHING THAT HAD BEEN PROVIDED, IS THAT RIGHT?
6 A. I’M SORRY, COULD YOU BE MORE SPECIFIC IN TERMS OF
7 THE CLOTHING?
8 Q. WELL, YOU SPECIFICALLY INDICATED IN YOUR REPORT
9 THAT THE FRONT OF THE V-NECK SWAB, ITEM NO. 104, THE BACK OF THE
10 V-NECK SWAB, ITEM 105, THE ORAL SWABS, I THINK YOUR ABBREVIATION
11 IS THE VAGINAL SWABS AND THE RECTAL SWABS, YOU TESTED ALL OF
12 THOSE ITEMS IS THAT RIGHT, SIR?
13 A. CORRECT.
14 Q. AND THE PURPOSE OF THE TEST WAS TO DETERMINE
15 PRESENCE OR ABSENCE OF SEMEN; IS THAT CORRECT?
16 A. THE COMPONENT OF SEMEN, CORRECT.
17 Q. YOU DID NOT FIND ANY EVIDENCE OF THAT COMPONENT OF
18 SEMEN, DID YOU?
19 A. THOSE ITEMS THAT YOU JUST MENTIONED GAVE ME
20 NEGATIVE RESULTS FOR THE P-30, THE COMPONENT OF SEMEN.
21 Q. NOW, EVERYTHING YOU TESTED — ANYTHING YOU TESTED
22 FOR THE PRESENCE OF SEMEN, ALL THAT TESTED NEGATIVE, DIDN’T IT?
23 A. PRESUMPTIVE TESTS TESTED NEGATIVE FOR SEMEN AS WELL
24 AS THE COMPONENT OF SEMEN, P-30 ALSO TESTED NEGATIVE.
25 Q. YOU WERE ALSO ASKED TO TEST FOR THE PRESENCE OF
26 ABSENCE OF SEMEN ON THE MULTI-COLORED BLANKET THAT MR. CLARKE
27 SHOWED YOU ON DIRECT, ISN’T THAT RIGHT?
28 A. SPECIFICALLY? THE ITEM 93?
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1 Q. YES.
2 A. CORRECT.
3 Q. THAT WAS NEGATIVE, WASN’T IT?
4 A. THAT IS CORRECT, NEGATIVE FOR PRESUMPTIVE TEST FOR
5 SEMEN.
6 Q. SIR, YOU INDICATED THAT YOU HAD DONE SOME TAPE
7 LIFTS ON CERTAIN OF THE EVIDENCE?
8 A. YES.
9 Q. AND THAT I THINK YOU TOLD US, I DON’T REMEMBER
10 WHETHER IT WAS WITH REGARD TO ONE OF THE FLORAL BLANKETS OR SOME
11 PIECE OF THE EVIDENCE, THAT YOU HAD DONE A TAPE LIFT AND YOU HAD
12 LEFT SOME OF WHATEVER IT WAS YOU WERE LIFTING BUT REMOVED OTHER
13 OF WHAT YOU WERE LIFTING, IS THAT RIGHT?
14 A. YES.
15 Q. CAN YOU DESCRIBE THAT FOR US A LITTLE BIT, PLEASE?
16 A. AGAIN, YOU KNOW, WHEN I PERFORM A VISUAL
17 OBSERVATION OF THE ITEM, IF I NOTE HAIRS, DEPENDING ON —
18 SOMETIMES IT’S ARBITRARY — DEPENDING IF THE MATERIAL IS SO BIG
19 THAT I NEED TO COLLECT THAT IN ORDER TO PRESERVE THE EVIDENCE,
20 OTHERWISE, I MAKE A JUDGMENT OF LEAVING THEM ON THE ITEM OF
21 EVIDENCE THEMSELVES KNOWING THAT THEY WOULD BE PACKAGED WITH THE
22 WHITE CLEAN EXAMINATION PAPER THAT I USED.
23 Q. SO I THINK YOU TOLD US THAT YOU HAD RETRIEVED SOME
24 HAIRS, IS THAT RIGHT?
25 A. FOR SELECTED ITEMS, YES.
26 Q. HOW MANY HAIRS?
27 A. COULD YOU BE MORE SPECIFIC?
28 Q. YOU SAID FOR SELECTED ITEMS YOU RETRIEVED SOME
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1 HAIR. I’M JUST TRYING TO FOLLOW IT UP.
2 A. OKAY. I WOULD HAVE TO GO OVER EACH ITEM AND BY MY
3 NOTES DICTATE — OR EXCUSE ME, STATE WHAT HAIRS WERE COLLECTED
4 OFF EACH ITEM.
5 Q. OKAY. YOU HAVE TO GO THROUGH YOUR NOTES, RIGHT?
6 A. I WOULD.
7 Q. THAT WOULD TAKE US ABOUT HOW LONG?
8 A. A VERY LONG TIME.
9 Q. ALL RIGHT.
10 SO THAT’S SOMETHING MAYBE I’LL ASK YOU TO DO LATER
11 OR WE’LL TALK TO YOU ABOUT OUT OF COURT.
12 WITH REGARD TO FIBERS, DID YOU DO ANYTHING TO TRY
13 AND COLLECT FIBERS, SIR?
14 A. AGAIN, THAT IS THE SAME TYPE OF COLLECTION
15 TECHNIQUE. IF I OBSERVED HAIRS AND/OR FIBERS, THOSE THAT WERE
16 COLLECTED.
17 Q. AND AGAIN, SAME QUESTION. DO YOU HAVE ANY IDEA HOW
18 MANY FIBERS YOU COLLECTED?
19 A. NO, I DO NOT.
20 Q. YOU COULD FIND OUT, THOUGH, IS THAT RIGHT?
21 A. THROUGH MY NOTES I WOULD HAVE TO —
22 Q. ALL RIGHT.
23 Q. IF YOU DO A PRESUMPTIVE TEST IS THERE A WAY IN
24 WHICH YOU QUANTIFY WHETHER IT’S A POSITIVE PRESUMPTIVE STRONG,
25 POSITIVE PRESUMPTIVE MEDIUM OR POSITIVE PRESUMPTIVE WEAK.
26 MR. CLARKE: OBJECTION, VAGUE AS TO TEST.
27 THE COURT: SUSTAINED.
28 ///
5744
1 BY MR. FELDMAN:
2 Q. I SAID A SPEC — PRESUMPTIVE TEST FOR BLOODSTAIN,
3 SPECIFICALLY DIRECT YOUR ATTENTION TO A PRESUMPTIVE TEST FOR
4 BLOODSTAINS, MORE SPECIFICALLY DIRECTING YOUR ATTENTION TO A
5 CHEMICAL PRESUMPTIVE TEST FOR BLOODSTAINS. DO YOU CHARACTERIZE
6 THE REACTION AS STRONG, MEDIUM, WEAK?
7 A. YES, I DO.
8 Q. AND CAN YOU DESCRIBE FOR US WHAT IS A STRONG
9 REACTION TO A CHEMICAL PRESUMPTIVE TEST?
10 A. IF I MAY REFER TO MY NOTES.
11 Q. I CAN ALSO TELL YOU IF IT HELPS YOU THAT I’M ON
12 PAGE 11 OF 14 OF YOUR REPORT.
13 A. CORRECT. A PHENO RESULT THAT IS POSITIVE — EXCUSE
14 ME — A PRESUMPTIVE TEST FOR BLOOD WHICH IS POSITIVE WITHIN 15
15 SECONDS, THAT WOULD BE CONSIDERED POSITIVE. ANYTHING AFTER
16 BETWEEN 16 TO 20 SECONDS OF THE TEST I WOULD CONSIDER THAT OR
17 CLASSIFY IT AS A WEAK POSITIVE.
18 Q. SO THERE’S NO MEDIUM?
19 A. IT’S ARBITRARY.
20 Q. OKAY. SUBJECTIVE?
21 A. COULD YOU BE MORE SPECIFIC?
22 Q. WELL, YOU USED THE WORD ARBITRARY, I WAS JUST
23 TRYING TO PICK A SYNONYM?
24 A. THERE IS A CERTAIN TIME WINDOW THAT CRIMINALISTS
25 AND OTHER CRIMINALISTS USED FOR THAT PRESUMPTIVE TEST FOR BLOOD.
26 FOR MY PERSONAL CLASSIFICATION, I USE THESE NUMBERS TO CLASSIFY
27 THE RESULT.
28 Q. ARE THOSE NUMBERS CONSISTENT WITH OTHER FORENSIC
5745
1 CRIMINALISTS?
2 A. I WOULD SAY MOST.
3 Q. ALL RIGHT.
4 A. IF NOT SOME.
5 Q. SO YOU NOTED, DID YOU NOT, THAT WITH REGARD TO THE
6 LIGHT REDDISH BROWN AND REDDISH BROWN STAINS LOCATED NEAR THE
7 HEAD, SIDE AND MIDDLE AREAS OF A WHITE MATTRESS PAD WHICH WAS
8 DESCRIBED AS ITEM 53G ON PROPERTY TAG 850152 GAVE WEAK POSITIVE
9 AND POSITIVE RESULTS FOR THE CHEMICAL PRESUMPTIVE TEST FOR
10 BLOOD. THIS IS PAGE 11 OF 14 OF YOUR REPORT, SIR.
11 IT’S THE SECOND PARAGRAPH DOWN FROM THE TOP AND
12 IT’S DISCOVERY PAGE 11,152, COUNSEL.
13 A. I DO SEE THAT STATEMENT IN THERE.
14 Q. I THINK I TALKED TO YOU BUT I WANT TO BE MORE
15 SPECIFIC. YOU IDENTIFIED A LIGHT REDDISH BROWN STAIN NEAR THE
16 SIDE OF THE MULTI-COLORED BLANKET WITH DESIGN PATTERNS AND A
17 POCKET ITEM 10, NUMBER SEVEN ON PROPERTY TAG 850125 AS GIVING A
18 WEAK POSITIVE RESULT FOR THE CHEMICAL PRESUMPTIVE TEST FOR
19 BLOOD, ISN’T THAT RIGHT? THIS IS AGAIN 11 OF 14. I THINK IT
20 WAS THE VERY NEXT PARAGRAPH DOWN, SIR?
21 A. OKAY. ITEM 10- GAVE A WEAK POSSIBLE RESULT FOR THE
22 CHEMICAL PRESUMPTIVE TEST FOR BLOOD.
23 Q. THAT WAS OFF OF — I’M SORRY, A MULTI-COLORED
24 BLANKET?
25 A. A MULTI-COLORED BLANKET.
26 Q. IS THAT ONE OF THE ITEMS THAT MR. CLARKE SHOWED
27 YOU?
28 A. NO.
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1 Q. YOU MEAN IT’S NOT IN THE COURTROOM?
2 A. I’M NOT AWARE OF IT IF IT IS.
3 Q. YOU TESTED PILLOWCASES WITH MULTI-COLORED FLORAL
4 DESIGNS ITEMS 92A AND 92B, IS THAT RIGHT?
5 A. CORRECT.
6 Q. AND YOU TESTED THE CREAM COMFORTER WITH
7 MULTI-COLORED FLORAL DESIGNS 92C, IS THAT RIGHT?
8 A. CORRECT.
9 Q. THE MULTI-COLORED DESIGN STRIPES COMFORTER, 93; IS
10 THAT CORRECT?
11 A. CORRECT.
12 Q. YOU TESTED THOSE PRESUMPTIVELY FOR THE PRESENCE OR
13 ABSENCE OF SEMEN, ISN’T THAT RIGHT?
14 A. FOR THE PRESUMPTIVE TEST FOR SEMEN, CORRECT.
15 Q. AND IT WAS NEGATIVE AS TO EACH OF THOSE ITEMS,
16 ISN’T THAT CORRECT, SIR?
17 A. FOR THE PRESUMPTIVE TEST FOR SEMEN, YES, THEY WERE
18 NEGATIVE.
19 Q. IF IT TESTS PRESUMPTIVELY NEGATIVE YOU DON’T FOLLOW
20 IT UP?
21 A. NO.
22 Q. AND YOU SAY NO. YOU AGREE, YOU DO NOT FOLLOW IT
23 UP?
24 A. ONCE I PERFORM MY EXAMINATION AND I PERFORMED THE
25 PRESUMPTIVE TEST FOR SEMEN, DEPENDING ON THE CHARACTERISTICS OF
26 THOSE STAINS, IF IT WARRANTS FURTHER ANALYSIS I WILL. OTHERWISE
27 I DID NOT.
28 Q. CAN YOU TELL ME HOW LONG THE BLOOD — EXCUSE ME.
5747
1 DIRECTING YOUR ATTENTION TO WHAT’S MARKED 121, I
2 THINK YOU NOTICE AND WE SEE IN THE POLAROIDS CERTAIN PARTICULAR
3 AREAS WHERE YOU CAME BACK I ASSUME POSITIVE PRESUMPTIVE FOR
4 BLOOD?
5 A. YES.
6 Q. HOW LONG WAS IT THERE?
7 A. I DO NOT KNOW.
8 Q. DO YOU KNOW WHERE THE JACKET WAS WHEN IT GOT THERE?
9 MR. CLARKE: OBJECTION, VAGUE.
10 THE COURT: SUSTAINED. WHERE IS THERE, COUNSEL?
11 MR. FELDMAN: I SEE.
12 Q. DO YOU KNOW WHERE THE JACKET WAS WHEN WHAT YOU’VE
13 IDENTIFIED AS APPARENT BLOODSTAINS WITH WHEN THE BLOODSTAINS
14 WERE EITHER APPLIED OR HOWEVER YOU WANT TO SAY THAT? DO YOU
15 UNDERSTAND WHAT I’M ASKING?
16 A. YES, I DO.
17 Q. CAN YOU TELL ME WHERE THAT JACKET WAS?
18 A. I DO NOT KNOW.
19 Q. AND YOU CAN’T TELL ME HOW THE BLOOD GOT THERE
20 EITHER, CAN YOU?
21 A. NO, I CANNOT.
22 MR. FELDMAN: NO FURTHER QUESTIONS.
23 THE COURT: ANYTHING FURTHER, MR. CLARKE?
24 MR. CLARKE: JUST BRIEFLY, YOUR HONOR.
25
26 REDIRECT EXAMINATION +
27 BY MR. CLARKE:
28 Q. MR. SORIANO, IN THE TESTING YOU DID FOR THE
5748
1 PRESUMPTIVE APPEARANCE OF SEMEN, WERE YOU ABLE TO TEST EVERY
2 SINGLE INCH ON EVERY ITEM IDENTIFIED AS COMING FROM, LET’S SAY,
3 MR. WESTERFIELD’S HOME?
4 A. NO, I DID NOT.
5 Q. WOULD THAT TAKE A WHILE TO DO THAT?
6 A. A VERY LONG TIME, SIR.
7 Q. DID YOU HAVE THE OPPORTUNITY TO TEST FOR THE
8 PRESENCE OF SEMEN EVERY SINGLE ITEM THAT CAME OUT OF MR.
9 WESTERFIELD’S MOTOR HOME?
10 A. NO, I DID NOT.
11 Q. AND IS THAT DUE TO THE AMOUNT OF WORK THAT WOULD BE
12 REQUIRED TO DO THAT?
13 MR. FELDMAN: OBJECTION, SPECULATION.
14 THE COURT: OVERRULED.
15 YOU CAN ANSWER THAT YES OR NO.
16 THE WITNESS: YES.
17
18 BY MR. CLARKE:
19 Q. ALL RIGHT. THIS PHOTOGRAPH COUNSEL SHOWED YOU, AND
20 I BELIEVE IT’S EXHIBIT NO. 121, DID YOU HAVE ANYTHING TO DO WITH
21 THE CREATION OF THAT VERSION OF YOUR PHOTOGRAPH?
22 A. NO, I DID NOT.
23 Q. DID YOU EVER HAVE A SAMPLE OF DANIELLE VAN DAM’S
24 BLOOD?
25 A. NO, I DID NOT.
26 Q. TO YOUR KNOWLEDGE, DID LAW ENFORCEMENT EVER HAVE A
27 SAMPLE OF HER BLOOD?
28 A. NO, NOT THAT I’M AWARE OF.
5749
1 Q. ARE YOU AWARE OF THE CONDITION THAT SHE WAS FOUND
2 IN?
3 A. I AM AWARE.
4 MR. CLARKE: THANK YOU. I HAVE NOTHING FURTHER.
5 THE COURT: ANYTHING FURTHER, MR. FELDMAN?
6
7 RECROSS-EXAMINATION +
8 BY MR. FELDMAN:
9 Q. YOU TESTED THE AREAS OF THE ITEMS WHERE YOU THOUGHT
10 THERE WOULD BE A REASONABLE POSSIBILITY OF LOCATING SEMEN; ISN’T
11 THAT CORRECT?
12 A. I TESTED THE ITEMS AS REQUIRED PER A VERBAL AND
13 WRITTEN REQUEST FROM MY IMMEDIATE SUPERVISOR TO TEST THOSE
14 ITEMS.
15 Q. WHO WOULD THAT BE?
16 A. THAT WOULD BE DR. PATRICK O’DONNELL.
17 Q. AND IF THE DISTRICT ATTORNEY’S OFFICE WANTED YOU TO
18 TEST A PARTICULAR AREA, YOU’D DO WHAT THEY ASKED YOU TO DO,
19 WOULDN’T YOU?
20 A. AGAIN, THAT WOULD HAVE TO FILTER THROUGH THE
21 COMMUNICATION OF MY IMMEDIATE SUPERVISOR, THEN TO ME.
22 Q. YOU’RE NOT INFERRING THAT ON THE BASIS OF THE
23 ABSENCE OF RESULTS THAT THERE WAS SEMEN IN ANY PLACE, ARE YOU?
24 A. COULD YOU —
25 Q. SURE. YOU TOLD THE JURY THAT EVERY TEST YOU
26 PERFORMED IN EVERY LOCATION YOU PERFORMED, IT WAS NEGATIVE FOR
27 SEMEN. YOU DON’T MEAN TO SUGGEST THAT THERE WAS SEMEN
28 SOMEPLACE, DO YOU?
5750
1 MR. CLARKE: OBJECTION, I THINK THAT’S ARGUMENTATIVE.
2 THE COURT: IT IS. SUSTAINED.
3 MR. FELDMAN: NO FURTHER QUESTIONS.
4 THE COURT: ANYTHING FURTHER?
5 MR. CLARKE: NO. THANK YOU, YOUR HONOR.
6 THE COURT: ALL RIGHT. IS THIS WITNESS BEING SUBJECT TO
7 RECALL?
8 MR. FELDMAN: PLEASE.
9 THE COURT: ALL RIGHT. LET’S GET THIS EXHIBIT PUT BACK
10 TOGETHER AGAIN, THOUGH, IF YOU DON’T MIND, SIR.
11 THE WITNESS: YES.
12 THE COURT: GET THOSE FIVE PHOTOGRAPHS AND GET THEM IN
13 THAT ENVELOPE.
14 THE WITNESS: YES, YOUR HONOR.
15 THE COURT: OKAY, SIR. YOUR TIME WITH US IS DONE.
16 PLEASE REMEMBER THAT YOU’RE UNDER AN ADMONITION NOT TO DISCUSS
17 YOUR TESTIMONY WITH ANYONE UNTIL THE MATTER’S CONCLUDED, BUT
18 OBVIOUSLY YOU CONTINUE YOUR PROFESSIONAL RESPONSIBILITIES.
19 THE WITNESS: THANK YOU, YOUR HONOR.
20 THE COURT: ALL RIGHT. THANK YOU.
21 ALL RIGHT MR. CLARKE.
22 MR. CLARKE: ANNETTE PEER, YOUR HONOR.
23
24 -ANNETTE PEER, +
25 PLAINTIFF’S WITNESS, HAVING BEEN SWORN, TESTIFIED AS FOLLOWS:
26
27 THE COURT: PLEASE HAVE A SEAT.
28 THE CLERK: WOULD YOU PLEASE STATE YOUR NAME AND SPELL IT
5751
1 FOR THE RECORD.
2 THE WITNESS: ANNETTE LYNN PEER, P-E-E-R.
3
4 DIRECT EXAMINATION +
5 BY MR. CLARKE:
6 Q. GOOD MORNING, MA’AM.
7 A. GOOD MORNING. GOOD MORNING.
8 Q. CAN YOU TELL US YOUR OCCUPATION?
9 A. I’M EMPLOYED WITH THE SAN DIEGO POLICE DEPARTMENT’S
10 CRIME LABORATORY.
11 Q. DO YOU HAVE A PARTICULAR POSITION AT THE CRIME
12 LABORATORY?
13 A. YES, I DO.
14 Q. WHAT IS THAT?
15 A. I WORK IN THE FORENSIC BIOLOGY UNIT.
16 Q. FORENSIC BIOLOGY UNIT, CAN YOU TELL US WHAT THAT
17 MEANS?
18 A. IT’S THE UNIT THAT ANALYZES AND EXAMINES AND
19 COMPARES BIOLOGICAL EVIDENCE.
20 Q. BY BIOLOGICAL EVIDENCE WHAT ARE YOU TALKING ABOUT?
21 A. ANY MATERIAL OR SUBSTANCE THAT IS GENERATED FROM
22 THE BODY.
23 Q. GIVE US EXAMPLES OF THAT.
24 A. EXAMPLES WOULD BE BLOOD, SALIVA, HAIR, BONE,
25 MUSCLE, ANY TYPE OF TISSUE OR ORGANS.
26 Q. IN PARTICULAR, WHAT ARE YOUR DUTIES AT THE POLICE
27 DEPARTMENT CRIME LABORATORY AND IN THE FORENSIC BIOLOGY SECTION?
28 A. MY PRIMARY DUTIES ARE TO PERFORM D. N. A. ANALYSES
5752
1 ON BIOLOGICAL SAMPLES.
2 Q. WE’LL TALK ABOUT D. N. A. A LITTLE BIT LATER, BUT
3 CAN YOU DESCRIBE, FIRST OF ALL, FOR THE JURY, PLEASE, YOUR
4 FORMAL EDUCATION?
5 A. I ATTENDED SOUTHWESTERN COLLEGE FOR APPROXIMATELY
6 TWO AND A HALF YEARS WHERE I RECEIVED MY GENERAL EDUCATION. I
7 TRANSFERRED TO CALIFORNIA STATE UNIVERSITY AT LONG BEACH WHERE I
8 RECEIVED A BACHELORS OF SCIENCE DEGREE IN CRIMINALISTICS. I
9 THEN ATTENDED POSTGRADUATE COURSES AT SAN DIEGO STATE UNIVERSITY
10 IN COURSES OF GENETICS, BIOCHEMISTRY AND MOLECULAR BIOLOGY.
11 Q. IN THE AREA OF — AND I’M SORRY, YOU USED THE TERM
12 MOLECULAR BIOLOGY, WHAT IS THAT?
13 A. THAT IS A COURSE THAT A MAJORITY OF IT HAS TO DO
14 WITH D. N. A.
15 Q. INCLUDING WHAT D. N. A. IS?
16 A. YES.
17 Q. INCLUDING HOW TO PERFORM TESTS FOR THE PRESENCE OF
18 D. N. A.?
19 A. THAT’S CORRECT.
20 Q. AND INCLUDING HOW TO PERFORM TESTS FOR TYPES OF D.
21 N. A.?
22 A. YES, IT IS.
23 Q. ALL RIGHT. COULD YOU TELL US, PLEASE, THE
24 POSITIONS THAT YOU’VE HELD AT THE POLICE DEPARTMENT SINCE YOU
25 WERE ORIGINALLY HIRED THERE?
26 A. I WAS HIRED IN 1983 AS AN ASSISTANT CRIMINALIST.
27 MY FIRST DUTY IN THE LABORATORY AT THAT TIME WAS IN THE AREA OF
28 SEROLOGY, WHICH IS THE SCIENCE THAT STUDIES BIOLOGICAL FLUIDS
5753
1 AND STAINS. I WORKED THERE FOR APPROXIMATELY A YEAR AND A HALF.
2 I THEN WORKED FOR TWO YEARS IN THE DRUG ANALYSIS
3 SECTION OF THE LABORATORY. I THEN WENT BACK TO THE SEROLOGY
4 SECTION AGAIN WHERE I WORKED FOR APPROXIMATELY THREE YEARS. I
5 WAS THEN PROMOTED TO A SUPERVISING CRIMINALIST WHERE I SERVED
6 THE LABORATORY FOR APPROXIMATELY ONE YEAR, AND I THEN LEFT THAT
7 POSITION TO BECOME A D. N. A. ANALYST.
8 Q. YOU’VE USED THE TERM “SEROLOGY.” DID YOU PERFORM
9 WORK IN THAT AREA IN ACTUAL CASES THAT WOULD COME INTO YOUR
10 HANDS WITH REQUESTS FOR EXAMINATION?
11 A. YES, I WOULD.
12 Q. WHAT TIME PERIOD ARE WE TALKING IN THE AREA WHERE
13 YOU WORKED IN SEROLOGY?
14 A. BETWEEN THE YEARS OF 1983 AND AROUND 1992. I STILL
15 DO — PERFORM SOME FUNCTIONS THAT ARE SEROLOGICALLY RELATED.
16 Q. CAN YOU TELL US, FIRST OF ALL, WHEN YOU USE THE
17 TERM SEROLOGY WHAT ARE YOU TALKING ABOUT?
18 A. THAT IS THE STUDY OF BIOLOGICAL FLUIDS AND STAINS,
19 BUT SPECIFICALLY IT INVOLVED THE LOCATION, THE IDENTIFICATION
20 AND THE CHARACTERIZATION OF BIOLOGICAL FLUIDS.
21 Q. BY CHARACTERIZATION OF A BIOLOGICAL FLUID WHAT DO
22 YOU MEAN?
23 A. THAT MEANS THAT IT’S A TEST TO DETERMINE WHO COULD
24 BE THE SOURCE OF THAT BIOLOGICAL FLUID.
25 Q. IS THAT BY PERFORMING TYPING ON A FLUID TO
26 DETERMINE WHATEVER TYPES ARE CONTAINED THERE AND THEN MAKING
27 COMPARISONS?
28 A. YES, IT IS.
5754
1 Q. THIS TIME PERIOD OF SEROLOGY THAT YOU WERE A
2 SEROLOGIST — I’M SORRY, IT WAS — COULD YOU GIVE US THE YEARS
3 AGAIN?
4 A. APPROXIMATELY 1983 TO 1985 AND THEN 1986 TO ABOUT
5 1992 WITH ADDITIONAL WORK BEING DONE IN THAT AREA.
6 Q. IS THAT A TECHNOLOGY THAT WAS USED IN EARLIER TIMES
7 BEFORE D. N. A. TESTING WAS AVAILABLE?
8 A. YES, IT WAS.
9 Q. MOST IF NOT ALL —
10 MR. FELDMAN: SORRY, VAGUE AS TO EARLIER TIMES, YOUR
11 HONOR.
12 THE COURT: OVERRULED.
13
14 BY MR. CLARKE:
15 Q. MOST OF US, IF NOT ALL, HAVE HEARD THE TERM “ABO”,
16 IS THAT RIGHT?
17 A. THAT’S CORRECT.
18 Q. WHAT IS “ABO”?
19 A. “ABO” WAS CONSIDERED A CONVENTIONAL SEROLOGY
20 GENETIC MARKER WHICH SHOWED DIFFERENCES FROM ONE PERSON TO
21 ANOTHER. IT WAS USED IN THE TESTING PORTION OF SEROLOGY TO
22 CHARACTERIZE BODY FLUIDS AND STAINS.
23 Q. IS IT STILL USED, FOR EXAMPLE, IN YOUR LABORATORY?
24 A. NO, IT IS NOT.
25 Q. WHY NOT?
26 A. IT HAS BECOME SOMEWHAT ANTIQUATED IN FORENSICS WITH
27 THE ADVENT OF D. N. A. TESTING.
28 Q. IN WHAT WAY?
5755
1 A. IT’S NOT AS POWERFUL AS — OR AS DISCRIMINATING
2 TESTING AS AND IT ALSO CANNOT BE FOUND IN AS MANY BIOLOGICAL
3 MATERIALS AS D. N. A. CAN BE.
4 Q. DOES D. N. A. REPRESENT A MORE POWERFUL TOOL THEN
5 TO YOU AS AN EXAMINER IN A CRIME LABORATORY?
6 A. YES, IT DOES.
7 Q. ALL RIGHT.
8 I’D LIKE YOU TO DESCRIBE FOR THE JURY, IF YOU CAN,
9 ANY FURTHER TRAINING AND EXPERIENCE YOU HAVE THAT LED TO YOUR
10 POSITION AS A D. N. A. ANALYST IN THE FORENSIC BIOLOGY SECTION.
11 A. WELL, I HAVE BEEN EMPLOYED FOR 19 AND A HALF YEARS
12 WITH THE POLICE DEPARTMENT’S CRIME LABORATORY AND I HAVE
13 RECEIVED NUMEROUS TRAINING COURSES. I HAVE ATTENDED SEMINARS
14 AND WORKSHOPS IN THE AREA OF FORENSIC SCIENCE. I AM ALSO A
15 MEMBER OF THE CALIFORNIA ASSOCIATION OF CRIMINALISTS AND I AM
16 CERTIFIED THROUGH THE AMERICAN BOARD OF CRIMINALISTICS IN
17 DIPLOMAT STATUS.
18 Q. WHAT DOES THAT MEAN?
19 A. THAT MEANS THAT I HAVE THE MINIMUM QUALIFICATIONS
20 AND YEARS OF EXPERIENCE IN THE FIELD AND I PASSED A WRITTEN
21 EXAM.
22 Q. SO BY DIPLOMAT, THAT DOESN’T MEAN YOU NEGOTIATE
23 WITH OTHER COUNTRIES?
24 A. NO, I DO NOT.
25 Q. ALL RIGHT.
26 AS FAR AS THE USE OF D. N. A. TESTING IN THE
27 LABORATORY, LET’S USE YOU AS THE EXAMPLE, DO YOU SUDDENLY START
28 CASE WORK, THAT IS, TAKING BLOODSTAINS, SEMEN STAINS OR WHATEVER
5756
1 AND START USING D. N. A. IN CASES OR DO YOU HAVE TO GO THROUGH A
2 TRAINING PHASE WHERE YOU LEARN TO USE THESE TECHNIQUES?
3 A. THERE WAS A VERY EXTENSIVE TRAINING PHASE WITH D.
4 N. A. BEING IMPLEMENTED IN OUR LABORATORY.
5 Q. WELL, LET’S TALK ABOUT THE IMPLEMENTATION OR THE
6 BEGINNING OF THE USE OF D. N. A. IN YOUR LABORATORY. DID YOU
7 HAVE ANY ROLE IN THAT?
8 A. YES, I DID.
9 Q. CAN YOU DESCRIBE THAT?
10 A. IN APPROXIMATELY 1990, THE SAN DIEGO POLICE
11 DEPARTMENT RECEIVED FUNDING TO START UP THEIR OWN D. N. A.
12 LABORATORY IN OUR DEPARTMENT. MYSELF AND DR. PATRICK O’DONNELL
13 WERE GIVEN THE RESPONSIBILITY OF SETTING UP THAT LABORATORY.
14 AND DURING THE COURSE OF SETTING UP THAT LAB WE PERFORMED
15 NUMEROUS EXPERIMENTS AND SOMETHING CALLED VALIDATION STUDIES ON
16 MANY DIFFERENT TYPES OF BIOLOGICAL MATERIALS. I ALSO RECEIVED
17 SOME TRAINING FROM DR. O’DONNELL IN THE AREA OF D. N. A.
18 ANALYSIS, AND WE BOTH HAD TO COMPLETE COMPETENCY TESTS IN ORDER
19 TO QUALIFY TO DO CASE WORK.
20 Q. AND THIS WAS ALL PRIOR TO THE ACTUAL BEGINNING OF
21 CASE WORK IN THE LABORATORY?
22 A. YES, IT WAS.
23 Q. DID THERE COME A TIME WHEN YOU BEGAN USING D. N. A.
24 TESTING IN ACTUAL CASES IN THE LABORATORY?
25 A. YES, THERE WAS.
26 Q. WHEN WAS THAT?
27 A. IN APPROXIMATELY JULY OF 1992.
28 Q. SO ALMOST TEN YEARS, PRETTY CLOSE?
5757
1 A. YES.
2 Q. IS YOUR LABORATORY AT THE SAN DIEGO POLICE
3 DEPARTMENT CRIME LABORATORY ACCREDITED BY ANY ORGANIZATIONS.
4 A. YES, WE ARE.
5 Q. DESCRIBE THAT.
6 A. WE ARE ACCREDITED BY AN ORGANIZATION CALLED A. S.
7 C. L. D. LAB.
8 Q. WHAT DOES THAT STAND FOR?
9 A. A. S. C. L. D. STANDS FOR THE AMERICAN SOCIETY OF
10 CRIME LABORATORY DIRECTORS.
11 Q. AND I THINK YOU SAID THE LAST PART WAS LAB?
12 A. LAB.
13 Q. DOES THAT STAND FOR ANYTHING?
14 A. LABORATORY — LABORATORY.
15 Q. SO IT’S AS EASY AS IT SOUNDED?
16 A. YES.
17 Q. ALL RIGHT.
18 I’D LIKE TO TALK TO YOU ABOUT YOUR PARTICIPATION IN
19 THE INVESTIGATION OF THE DISAPPEARANCE OF DANIELLE VAN DAM.
20 DID YOU TAKE PART IN THAT?
21 A. YES, I DID.
22 Q. ALL RIGHT. CAN YOU TELL US HOW THAT BEGAN?
23 A. I RECEIVED A CALL FROM SERGEANT HOLMES VERY LATE IN
24 THE EVENING ON FEBRUARY 4TH REQUESTING MY PRESENCE AT A BRIEFING
25 THAT WAS TO BE HELD AT THE SAN DIEGO POLICE DEPARTMENT’S
26 NORTHEASTERN DIVISION.
27 Q. WHAT DID YOU DO?
28 A. I ARRIVED AT NORTHEASTERN DIVISION AND I SAT WITH
5758
1 SERGEANT HOLMES AND ANOTHER — A NUMBER OF OTHER INDIVIDUALS AND
2 ATTENDED THE BRIEFING.
3 Q. ALL RIGHT.
4 AFTER THAT BRIEFING WERE YOU ASKED TO PERFORM A
5 CERTAIN TASK?
6 A. YES, I WAS.
7 Q. WHAT WAS THAT?
8 A. I WAS ASKED TO ASSIST IN THE SEARCH WARRANT OF A
9 RESIDENCE.
10 Q. AND WHAT DID YOU DO IN THAT REGARD?
11 A. I — I ARRIVED AT THE RESIDENCE, I ENTERED THE
12 RESIDENCE AND I PROCEEDED TO CONDUCT AN EXAMINATION SPECIFICALLY
13 FOR BIOLOGICAL MATERIALS, BUT ALSO TO OBSERVE ANYTHING UNUSUAL,
14 OUT OF THE ORDINARY TO MAKE OBSERVATIONS. I WAS ALSO THERE TO
15 TAKE ANY DIRECTIONS FROM SERGEANT HOLMES OR DETECTIVE TOMSOVIC
16 OR TO ASSIST FORENSIC SPECIALIST KAREN LEALCALA IN ANYTHING SHE
17 MIGHT NEED.
18 Q. WHAT DID YOU ACTUALLY DO THEN AS PART OF THAT ROLE?
19 A. MOST OF THE TIME I SPENT IN THE RESIDENCE WAS
20 EXAMINING VARIOUS ROOMS FOR ANY TYPES OF BIOLOGICAL MATERIAL.
21 Q. NOW, YOU’RE A CRIMINALIST; IS THAT CORRECT?
22 A. THAT’S CORRECT.
23 Q. IS ONE OF YOUR ROLES TO ACTUALLY GO TO CRIME SCENES
24 ON OCCASION?
25 A. YES, IT IS.
26 Q. WAS THIS ONE OF THOSE OCCASIONS?
27 A. YES.
28 Q. DID YOU LOCATE ANY EVIDENCE IN THIS EXAMINATION OF
5759
1 THE WESTERFIELD RESIDENCE OF INTEREST TO YOU?
2 A. NO, I DID NOT.
3 Q. HOW LONG WERE YOU THERE CONDUCTING THIS EXAM?
4 A. MAY REFER TO MY NOTES?
5 Q. SURE.
6 A. I ARRIVED AT THE RESIDENCE ON FEBRUARY 5TH AT
7 APPROXIMATELY 2:35 IN THE MORNING, OR 0235 HOURS. I ENTERED THE
8 RESIDENCE AT APPROXIMATELY 0255 HOURS AND I DEPARTED THE
9 RESIDENCE AT APPROXIMATELY 1505 HOURS ON FEBRUARY 5TH.
10 Q. SO YOU WERE THERE AROUND 12 HOURS?
11 A. YES.
12 Q. WERE YOU LOOKING FOR BIOLOGICAL FLUID SAMPLES?
13 A. YES, I WAS.
14 Q. AS OPPOSED TO HAIRS, FOR INSTANCE?
15 A. THAT’S CORRECT.
16 Q. OR FIBERS?
17 A. YES.
18 Q. WHEN YOU COMPLETED THAT SEARCH WHAT WAS THE NEXT
19 STEP YOU TOOK? AND I THINK THAT WOULD NOW BE ON FEBRUARY — NO,
20 STILL FEBRUARY 4TH; IS THAT CORRECT?
21 A. THE SEARCH OF THE RESIDENCE WAS ON FEBRUARY 5TH.
22 Q. OKAY.
23 SO WE’RE NOW IN THE MORNING HOURS OF FEBRUARY 5TH
24 GOING THROUGH AND UP TO WHEN YOU CONCLUDED YOUR PARTICIPATION AT
25 THE RESIDENCE IN THE AFTERNOON OF THE 5TH, IS THAT RIGHT?
26 A. THAT’S CORRECT.
27 Q. DID YOU GO TO ANOTHER LOCATION?
28 A. YES, I DID.
5760
1 Q. WHERE?
2 MR. FELDMAN: YOUR HONOR, THE WITNESS DOES APPEAR AGAIN
3 TO BE REFERRING TO HER NOTES.
4 THE COURT: JUST REFER TO YOUR NOTES JUST SO EVERYBODY
5 KNOWS WHAT YOU’RE LOOKING AT.
6 THE WITNESS: EACH TIME?
7 THE COURT: IT WOULD HELP BOTH COUNSEL.
8 MR. FELDMAN: WITH THE PAGE CITES, PLEASE?
9 THE COURT: DO YOU UNDERSTAND? JUST CITE THE PAGE YOU’RE
10 LOOKING AT. MAYBE I OUGHT TO PREFACE THIS. HOW MANY REPORTS
11 HAVE YOU WRITTEN?
12 THE WITNESS: I HAVE FIVE REPORTS.
13 THE COURT: OKAY. REFERENCE THE DATE OF THE REPORT AND
14 THE PAGE NUMBER WHENEVER YOU REFER TO IT, OKAY?
15 THE WITNESS: YES, YOUR HONOR.
16 THE COURT: OKAY.
17 MR. FELDMAN: THANK YOU, YOUR HONOR.
18
19 BY MR. CLARKE:
20 Q. I THINK YOU WERE LOOKING.
21 A. I ARRIVED AT 15250 SKY RIDGE AT APPROXIMATELY 1550
22 HOURS.
23 Q. IS THAT —
24 MR. FELDMAN: SORRY, WE DIDN’T GET THE REPORT.
25 THE COURT: YES REPORT AND PAGE NUMBER.
26 THE WITNESS: PAGE NUMBER WOULD BE PAGE ONE; THE REPORT
27 WOULD BE ISSUED OR WOULD BE WRITTEN ON MARCH 6, 2002.
28 MR. FELDMAN: THANK YOU, YOUR HONOR.
5761
1 BY MR. CLARKE:
2 Q. WAS THAT IN A LOCATION WHERE THERE WAS IDENTIFIED
3 TO YOU A MOTOR HOME BELONGING TO MR. DAVID WESTERFIELD?
4 A. THAT’S CORRECT.
5 Q. WHAT ACTIONS, IF ANY, DID YOU TAKE AT THAT LOCATION
6 AT THAT TIME?
7 A. THERE WAS AN INITIAL EXAMINATION OF THE EXTERIOR OF
8 THE MOTOR HOME TO EXAMINE IT FOR THE PRESENCE OF TRACE EVIDENCE,
9 AND SHORTLY AFTER THAT THE MOTOR HOME WAS ENTERED AND A VERY
10 BRIEF WALK-THROUGH WAS CONDUCTED.
11 Q. ON FEBRUARY 5TH?
12 A. YES.
13 Q. BY WHOM? I’M TALKING ABOUT INDIVIDUALS WHO WENT
14 INSIDE THE MOTOR HOME FOR THIS BRIEF EXAMINATION.
15 A. AS I RECALL, IT WAS MYSELF, FORENSIC SPECIALIST
16 KAREN LEE ALCALA, SERGEANT HOLMES, AND THAT’S ALL I RECALL AT
17 THIS TIME.
18 Q. AND THIS WAS A BRIEF EXAMINATION?
19 A. YES, IT WAS.
20 Q. DID THAT CONCLUDE YOUR ACTIVITIES WITH REGARD TO
21 THIS CASE ON THE 5TH?
22 A. YES, IT DOES.
23 Q. ALL RIGHT.
24 I’D LIKE TO NOW DRAW YOUR ATTENTION TO THE NEXT
25 DAY, FEBRUARY 6TH, AND ASK IF YOU HAD AN OPPORTUNITY TO LOOK
26 FURTHER INSIDE THAT MOTOR HOME?
27 A. YES, I DID.
28 Q. WHERE WAS IT LOCATED AT THAT TIME?
5762
1 A. IT WAS LOCATED AT THE SAN DIEGO POLICE DEPARTMENT’S
2 EASTERN DIVISION VEHICLE IMPOUND AREA.
3 Q. DID YOU GO INSIDE THE MOTOR HOME?
4 A. YES, I DID.
5 Q. WITH ANY OTHER INDIVIDUALS?
6 A. YES, I DID.
7 Q. WHO?
8 A. FORENSIC SPECIALIST KAREN LEE ALCALA, CRIMINALIST
9 TANYA DULANEY AND DETECTIVE TOMSOVIC.
10 Q. WHAT WAS YOUR PURPOSE IN EXAMINING THE INTERIOR OF
11 THE MOTOR HOME ON FEBRUARY 6TH?
12 A. AGAIN, MY PURPOSE WAS TO EXAMINE THE INTERIOR OF
13 THE MOTOR HOME FOR THE PRESENCE OF BIOLOGICAL FLUIDS OR STAINS.
14 Q. DID YOU BRING ANY EQUIPMENT WITH YOU?
15 A. YES, I DID.
16 Q. WHAT WOULD THAT CONSIST OF GENERALLY?
17 A. MY EQUIPMENT USUALLY CONSISTS OF TWO EVIDENCE KITS,
18 AND I ALSO BROUGHT SOME CHEMICALS TO DO SOME PRESUMPTIVE TESTING
19 IF I DID LOCATE ANY TYPES OF STAINS, AND I ALSO BROUGHT AN
20 INSTRUMENT CALLED A POLY LIGHT.
21 Q. OKAY. WHAT’S A POLY LIGHT?
22 A. POLY LIGHT SATISFY HIGH INTENSITY LIGHT SOURCE
23 WHICH CAN BE PROGRAMMED WITH MULTIPLE WAVE LENGTHS OF LIGHT, AND
24 ITS PURPOSE IS TO ASSIST IN THE LOCATION OF CERTAIN TYPES OF
25 BODY FLUIDS AND STAINS.
26 Q. IN YOUR EXAMINATION OF THE MOTOR HOME ON FEBRUARY
27 6TH, DID YOU LOCATE ANY AREAS THAT APPEARED TO BE BLOODSTAINS?
28 A. YES, I DID.
5763
1 Q. CAN YOU DESCRIBE THEM, PLEASE?
2 A. I SAW NUMEROUS STAINED AREAS, RED, RED BROWN, BROWN
3 AND DARK COLORED IN APPEARANCE. THERE WAS APPROXIMATELY 19
4 AREAS THAT WERE LOCATED THAT I WAS GOING TO LATER TEST FOR THE
5 PRESENCE OF BLOOD. OF THOSE 19 AREAS THAT WERE TESTED FOR THE
6 PRESENCE OF BLOOD, THREE OF THEM GAVE POSITIVE TEST RESULTS.
7 Q. WITH YOUR PRESUMPTIVE BLOOD TESTING EQUIPMENT THAT
8 YOU BROUGHT WITH YOU?
9 A. THAT’S CORRECT.
10 Q. ALL RIGHT.
11 LET’S TALK ABOUT THOSE THREE STAINED AREAS THAT
12 WERE PRESUMPTIVELY POSITIVE FOR BLOOD. WHERE WERE THEY LOCATED?
13 A. ONE WAS LOCATED ON A BEDSPREAD ON A BED ON THE TOP
14 FOOT — THE TOP SIDE OF THE BEDSPREAD AT THE FOOT OF THE BED ON
15 THE PASSENGER SIDE OF THE MOTOR HOME.
16 ANOTHER STAIN WAS LOCATED ON THE FLOOR ON THE
17 CARPET IN AN AREA BETWEEN THE BATHROOM AND THE CLOSET AND;
18 THE THIRD STAIN WAS LOCATED ON CURTAINS BY THE
19 DRIVER’S SIDE SEAT IN THE MOTOR HOME.
20 Q. OKAY. LET’S START WITH THE BEDSPREAD. WAS THAT IN
21 A PARTICULAR AREA OF THE MOTOR HOME AT THE TIME?
22 A. YES, IT WAS. IT WAS ON THE BED IN THE REAR AREA OF
23 THE MOTOR HOME.
24 Q. WITH RESPECT TO THIS STAIN, WHAT ACTION DID YOU
25 TAKE?
26 A. I INITIALLY TAGGED IT FOR TESTING, AND WHEN I HAD
27 TAGGED THOSE 19 AREAS TO BE TESTED, I WENT BACK TO THAT AREA AND
28 PERFORMED A PRESUMPTIVE CHEMICAL TEST ON IT.
5764
1 Q. THAT WAS THE TEST THAT WAS POSITIVE?
2 A. THAT’S CORRECT.
3 Q. WHAT ACTION DID YOU TAKE WITH REGARD TO THAT
4 BEDSPREAD STAIN AFTER THE PRESUMPTIVE BLOOD TESTING RESULTS WERE
5 POSITIVE?
6 A. I PHYSICALLY REMOVED IT FROM THE BEDSPREAD.
7 Q. HOW?
8 A. I CUT IT OUT.
9 Q. WITH A PAIR OF SCISSORS?
10 A. I BELIEVE I USED A SCALPEL.
11 Q. DID YOU RETAIN THAT PACKAGE IT AND LABEL IT
12 ACCORDINGLY?
13 A. YES, I DID.
14 Q. DID THAT ITEM NUMBER RECEIVE A NUMBER AT SOME LATER
15 POINT?
16 A. YES, IT DID.
17 Q. WHAT WAS THAT?
18 A. I’D LIKE TO REFER TO MY NOTES PLEASE. IT’S PAGE
19 SEVEN OF SEVEN OF MY NOTES IN RELATION TO THE REPORT DATED MARCH
20 6, 2002. AND THE ITEM WHICH WAS THE BLOODSTAIN COLLECTED FROM
21 THE BEDSPREAD WAS REFERRED TO AS ITEM NO. 48A.
22 Q. ALL RIGHT. LET’S TALK ABOUT THE SECOND STAIN. AND
23 I BELIEVE YOU SAID THAT THAT WAS LOCATED ON SOME CARPETING?
24 A. YES, IT WAS.
25 Q. IN WHAT GENERAL AREA OF THE MOTOR HOME?
26 A. AS I SAID EARLIER, IT WAS ON THE FLOOR ON THE
27 CARPET BETWEEN THE BATHROOM AND THE CLOSET.
28 Q. WHAT STEPS DID YOU TAKE WITH REGARD TO THAT STAIN
5765
1 AFTER YOU DETERMINED THAT IT WAS, IN FACT, PRESUMPTIVELY
2 POSITIVE FOR BLOOD?
3 A. I ALSO REMOVED IT FROM THE CARPET.
4 Q. WAS IT ULTIMATELY IN A SIMILAR OR DIFFERENT MANNER
5 FROM THE BEDSPREAD STAIN, THE REMOVAL?
6 A. YES. IT WAS SIMILAR. I ALSO USED A SCALPEL TO
7 PHYSICALLY REMOVE THAT FROM THE CARPET.
8 Q. DID YOU THEN TAKE ANY STEPS TO PRESERVE AND
9 IDENTIFY THAT PARTICULAR STAIN?
10 A. YES, I DID.
11 Q. WHAT?
12 A. IT WAS REMOVED. IT WAS PACKAGED IN A BINDLE. IT
13 WAS PLACED INTO AN ENVELOPE AND THE EXTERIOR OF THE ENVELOPE WAS
14 LABELED WITH ALL IDENTIFYING INFORMATION, INCLUDING MY INITIALS
15 AND DATE.
16 Q. DID THAT RECEIVE AN EVIDENCE ITEM NUMBER?
17 A. YES, IT DID.
18 Q. WHAT WAS THAT?
19 A. ITEM NO. 84.
20 Q. I’D NOW LIKE TO DRAW YOUR ATTENTION IF I COULD TO
21 THE THIRD STAIN THAT YOU’VE DESCRIBED I BELIEVE ON A CURTAIN; IS
22 THAT CORRECT?
23 A. THAT’S CORRECT.
24 Q. TELL US ABOUT THAT.
25 A. IT WAS AN APPARENT RED STAIN ON THE CURTAINS THAT
26 WERE LOCATED ON THE DRIVER’S SIDE FRONT AREA OF THE MOTOR HOME.
27 Q. ARE THERE CURTAINS IN THE FRONT OF THE MOTOR HOME?
28 A. YES, THERE WAS.
5766
1 Q. WHAT CONDITION WERE THEY IN IN TERMS OF BEING
2 OPENED OR CLOSED WHEN YOU FIRST OBSERVED THEM?
3 A. WHEN I FIRST OBSERVED THE STAIN THEY WERE OPEN?
4 Q. DID YOU TAKE ANY ACTIONS WITH REGARD TO THEM, THAT
5 IS, THE CURTAINS BEING OPEN OR CLOSED?
6 A. NO, I DID NOT.
7 Q. WERE YOU ABLE TO LOCATE THIS STAIN WITHOUT HAVING
8 TO DISTURB THE CURTAINS AS FAR AS OPENING OR CLOSING THEM?
9 A. YES, I WAS.
10 Q. AND IS THAT WHEN YOU OBSERVED THIS PARTICULAR
11 STAIN?
12 A. INITIALLY THE STAIN WAS NOT OBSERVED BY ME. IT WAS
13 ACTUALLY BROUGHT TO MY ATTENTION BY CRIMINALIST TANYA DULANEY.
14 SHE CALLED MY ATTENTION TO IT. I WENT OVER TO THAT AREA. I SAW
15 IT AND I TAGGED IT FOR FURTHER TESTING.
16 Q. AND DID THAT THEN LEAD YOU TO THE PRESUMPTIVE
17 TESTING?
18 A. THAT’S CORRECT.
19 Q. ONCE IT WAS POSITIVE WHAT DID YOU DO WITH THAT
20 STAIN?
21 A. AGAIN, IT WAS PHYSICALLY REMOVED FROM THE CURTAINS.
22 I CUT IT OUT OF THE CURTAINS WITH A SCALPEL. IT WAS PUT INTO A
23 BINDLE. IT WAS THEN PLACED INTO AN ENVELOPE, AND THE OUTSIDE OF
24 THE ENVELOPE WAS LABELED WITH IDENTIFYING INFORMATION INCLUDING
25 MY INITIALS AND DATE.
26 Q. DID IT OBTAIN AN EVIDENCE ITEM NUMBER ALSO?
27 A. YES, IT DID.
28 Q. WHAT WAS THAT?
5767
1 A. I’D LIKE TO REFER TO MY NOTES.
2 Q. PLEASE.
3 A. IT IS A REPORT DATED FEBRUARY 26TH, 2002, PAGE
4 THREE OF EIGHT AND THE ITEM NUMBER IS ITEM NO. 86.
5 Q. ALL RIGHT.
6 AND NOW I’D LIKE TO TAKE YOUR ATTENTION TO THE DATE
7 OF FEBRUARY 27TH OF THIS YEAR, AND ASK IF AS PART OF THIS CASE
8 YOU WERE ASKED TO REPORT TO A BODY RECOVERY SCENE ON DEHESA
9 ROAD.
10 A. YES, I WAS.
11 Q. WHAT ROLE DID YOU PLAY AT THAT LOCATION?
12 A. AGAIN, MY ROLE WAS TO — THE REQUEST WAS FROM
13 SERGEANT HOLMES TO RESPOND TO THIS SCENE. I WAS THERE IN THE
14 ROLE AS A CRIMINALIST, TO EXAMINE AND ANALYZE THE CRIME SCENE,
15 TO MAKE OBSERVATIONS AND TO COLLECT ANY EVIDENCE THAT I THOUGHT
16 REQUIRED COLLECTING.
17 Q. AS FAR AS YOUR ROLE WAS CONCERNED, HOW CLOSE DID
18 YOU GET TO THE BODY?
19 A. I’D SAY THAT AT ONE POINT I WAS ACTUALLY TOUCHING
20 THE BODY, NOT DIRECTLY WITH MY HANDS BUT WITH AN INSTRUMENT.
21 Q. FOR WHAT REASON?
22 A. I WAS USING SOMETHING CALLED A TAPE LIFT TO COLLECT
23 TRACE EVIDENCE OR POTENTIAL TRACE EVIDENCE FROM EXPOSED AREAS OF
24 THE SKIN ON THE BODY.
25 Q. DID YOU SEARCH OR OTHERWISE VISIBLY TRY TO
26 DETERMINE THE PRESENCE OF ANY POTENTIAL EVIDENCE IN AND AROUND
27 THE BODY OF DANIELLE VAN DAM?
28 A. YES, I DID.
5768
1 Q. DID YOU FIND ANY TEETH OUTSIDE HER MOUTH?
2 A. NO, I DID NOT.
3 Q. YOU’VE DESCRIBED THE FACT THAT YOU WERE INSIDE THE
4 MOTOR HOME; IS THAT CORRECT?
5 A. THAT’S CORRECT.
6 Q. WAS THAT ON A NUMBER OF OCCASIONS THEN?
7 A. YES, IT WAS.
8 Q. WERE YOU EVER INSIDE MR. WESTERFIELD’S HOUSE?
9 A. YES, I WAS.
10 Q. WERE YOU EVER INSIDE THE HOME OF DANIELLE VAN DAM?
11 A. NO, I WAS NOT.
12 Q. ALL RIGHT.
13 MS. PEER, I’D LIKE TO NOW DIRECT YOUR ATTENTION TO
14 D. N. A. TESTING IN WHICH YOU PERFORM TESTING IN CASES THAT COME
15 IN THE LABORATORY; IS THAT CORRECT?
16 A. THAT’S CORRECT.
17 Q. WHAT IS D. N. A.?
18 A. D. N. A. HAS BEEN COMMONLY REFERRED TO AS THE
19 BLUEPRINT OF LIFE. IT CODES FOR ALL LIVING THINGS, WHETHER
20 THOSE LIVING THINGS ARE PLANTS, ANIMALS OR BACTERIA.
21 MOST OF THE D. N. A. IN HUMANS IS THE SAME. THAT’S
22 WHY WE ALL HAVE ONE HEAD, TWO EYES, TWO ARMS, TWO LEGS. BUT
23 THERE IS A SMALL PERCENTAGE OF THE D. N. A. IN HUMANS, PEOPLE,
24 WHICH SHOWS DIFFERENCES, AND IT’S WHY ALL D. N. A., ALL PEOPLE’S
25 D. N. A. IS UNIQUE TO THAT PERSON WITH THE EXCEPTION OF
26 IDENTICAL TWINS.
27 A PERSON INHERITS HALF OF THEIR D. N. A. FROM THEIR
28 BIOLOGICAL MOTHER AND HALF FROM THEIR BIOLOGICAL FATHER. NEARLY
5769
1 EVERY CELL IN YOUR BODY CONTAINS D. N. A.. AND OF THOSE CELLS
2 IN YOUR BODY, WHETHER THEY COME FROM BLOOD OR BONE OR SALIVA,
3 THEY ALL CONTAIN THE SAME D. N. A. TYPES.
4 D. N. A. CODES FOR THINGS THAT YOU CAN SEE
5 PHYSICALLY, SUCH AS YOUR HAIR COLOR OR YOUR EYE COLOR. IT ALSO
6 CODES FOR THINGS THAT YOU CAN’T REALLY SEE BUT THEY SUSTAIN YOUR
7 LIFE, SUCH AS THE CODING FOR PROTEINS AND ENZYMES.
8 BUT THERE’S ALSO AREAS OF THE D. N. A. STRAND THAT
9 THEIR PURPOSES ARE UNKNOWN AT THIS TIME, BUT THEY SHOW
10 DIFFERENCES FROM ONE PERSON TO ANOTHER. AND IT’S THOSE AREAS ON
11 THE D. N. A. STRAND THAT SHOW DIFFERENCES FROM ONE PERSON TO
12 ANOTHER THAT HAS BEEN EXPLOITED FOR D. N. A. ANALYSIS AND
13 FORENSICS.
14 Q. ARE THOSE THEN THE AREAS OF D. N. A. WHERE YOU, AS
15 A FORENSIC EXAMINER, LOOK TO TELL PEOPLE APART?
16 A. YES, IT IS.
17 Q. ARE THERE METHODS TO TEST D. N. A., IN OTHER WORDS,
18 TO DETERMINE WHAT PARTICULAR TYPES AN INDIVIDUAL IS?
19 A. YES, THERE IS.
20 Q. AT THOSE LOCATIONS OF OUR D. N. A. WHERE WE DIFFER?
21 A. THAT’S CORRECT.
22 Q. JUST AS FAR AS THE CONCEPT, IS IT SIMILAR TO OR
23 DIFFERENT FROM USING “ABO” TESTING AS YOU DID 20 YEARS AGO?
24 A. SOME OF THE TECHNIQUES ARE THE SAME BUT THE
25 PRINCIPLES ARE THE SAME. WE ARE TRYING TO SEE DIFFERENCES FROM
26 ONE PERSON TO ANOTHER, AND WE ARE ALSO USING INFORMATION THAT IS
27 GENERATED FROM AN EVIDENCE SAMPLE TO COMPARE IT TO REFERENCE
28 SAMPLES FROM ANY INDIVIDUALS CONNECTED TO A CASE.
5770
1 Q. WHAT’S THE DIFFERENCE BETWEEN USING “ABO” TESTING
2 AND D. N. A. TESTING IN TERMS OF ITS POWER TO TELL PEOPLE APART?
3 A. THAT IS ACTUALLY A VERY LARGE DIFFERENCE. “ABO”
4 TESTING WAS WHAT WAS CONSIDERED NOT VERY DISCRIMINATING.
5 MEANING, FOR INSTANCE, IF YOU HAD AN “ABO” TYPE “O” BLOOD,
6 ALMOST 50 PERCENT OF THE POPULATION ALSO HAD “ABO” TYPE “O”
7 BLOOD. THAT MEANS ONE OUT OF EVERY TWO PEOPLE WOULD BE EXPECTED
8 TO HAVE THAT TYPE.
9 WITH D. N. A. IT IS FAR MORE DISCRIMINARY —
10 DISCRIMINATING, VERY, VERY POWERFUL WAYS OF DISCRIMINATING
11 BETWEEN TWO INDIVIDUALS.
12 Q. I ASSUME THEN THAT YOU USE METHODS AND TECHNIQUES
13 IN THE LABORATORY TO TEST FOR DIFFERENCES IN D. N. A. BETWEEN
14 PEOPLE?
15 A. YES, I DO.
16 Q. ARE THESE METHODS USED ONLY IN CRIME LABORATORIES
17 OR ARE THEY USED ELSEWHERE?
18 A. THEY ARE USED ELSEWHERE.
19 Q. WHERE, JUST AS SOME EXAMPLES?
20 A. D. N. A. HAS BEEN USED IN MEDICAL DIAGNOSTICS,
21 CANCER RESEARCH. IT’S USED FOR THE ENDANGERED SPECIES AT THE
22 SAN DIEGO ZOO. IT IS ALSO AND IS STILL BEING USED FOR
23 IDENTIFYING WAR DEAD AND THE VICTIMS OF MASS DISASTERS.
24 Q. SUCH AS THE ATTACKS LAST SEPTEMBER?
25 A. THAT’S CORRECT.
26 Q. HAS D. N. A. TESTING RESULTED IN EXONERATING PEOPLE
27 WHO ARE SUSPECTS OF CRIMES?
28 MR. FELDMAN: RELEVANCE, OBJECTION.
5771
1 THE COURT: OVERRULED.
2 YOU MAY ANSWER.
3 THE WITNESS: YES, IT HAS.
4
5 BY MR. CLARKE:
6 Q. IS THAT THE TYPE OF EXONERATIONS THAT YOU HAVE
7 DETERMINED BY YOUR USE OF D. N. A. TESTING IN YOUR OWN CASE WORK
8 IN SOME CASES?
9 A. YES, IT IS.
10 Q. HAS D. N. A. TESTING RESULTED IN THE FREEING OF
11 PEOPLE WRONGFULLY COMMITTED OF CRIMES WHO ARE SENTENCED TO
12 PRISON EARLIER?
13 MR. FELDMAN: SAME OBJECTION.
14 THE COURT: DULY NOTED. OVERRULED.
15 YOU MAY ANSWER.
16 THE WITNESS: YES, IT HAS BEEN.
17
18 BY MR. CLARKE:
19 Q. HAS THAT RESULTED IN THEIR RELEASE FROM PRISONS?
20 MR. FELDMAN: SAME OBJECTION, CONTINUING.
21 THE COURT: SUSTAINED.
22
23 BY MR. CLARKE:
24 Q. YOU TALKED ABOUT CERTAIN PORTIONS OF D. N. A. THAT
25 YOU AS A FORENSIC EXAMINER LOOK AT, AND YOU TALKED ABOUT YOU
26 LOOK AT CERTAIN AREAS. IS THAT BECAUSE THEY DIFFER PERSON TO
27 PERSON?
28 A. YES, THEY DO.
5772
1 Q. ARE THERE A CERTAIN NUMBER OF LOCATIONS OF OUR D.
2 N. A. THAT YOU LOOK AT IN YOUR TESTING IN CRIMINAL CASES?
3 A. YES, THERE IS.
4 Q. TELL US ABOUT THAT.
5 A. PRESENTLY THE SAN DIEGO POLICE DEPARTMENT’S
6 LABORATORY HAS THE CAPABILITY OF TESTING FOR 13 GENETIC MARKERS,
7 INCLUDING SEX DETERMINATION MARKERS, GENDER MARKERS.
8 Q. ALL RIGHT.
9 GENETIC MARKER. I THINK WE MIGHT HAVE YOU DEFINE
10 THAT A LITTLE BIT.
11 A. GENETIC MARKER IS AN INHERITED TRAIT WHICH SHOWS
12 DIFFERENCES FROM ONE PERSON TO ANOTHER.
13 Q. CAN WE CALL THAT A PARTICULAR LOCATION OF OUR D. N.
14 A. WHERE THROUGH TESTING YOU CAN DETERMINE DIFFERENCES FROM
15 PERSON TO PERSON?
16 A. THAT’S CORRECT.
17 Q. I’M SORRY, I THINK YOU SAID YOU LOOK AT 13
18 DIFFERENT GENETIC MARKERS OR LOCATIONS OF OUR D. N. A.?
19 A. YES, WE DO.
20 Q. AND YOU ALSO LOOK AT ANOTHER GENETIC MARKER OR D.
21 N. A. LOCATION WHERE YOU CAN TELL SEX APART?
22 A. THAT’S CORRECT.
23 Q. I ASSUME THAT’S A MALE VERSUS FEMALE, AND THAT’S
24 THE ONLY INFORMATION YOU CAN OBTAIN —
25 A. THAT’S CORRECT.
26 Q. — AT THAT LOCATION?
27 A. THAT’S RIGHT.
28 Q. ARE THE TESTS YOU USE, DO THEY DETECT D. N. A. FROM
5773
1 HUMANS AND ALL ANIMALS OR ARE THEY SPECIFIC TO ANYTHING?
2 A. THEY ARE SPECIFIC TO HUMANS AND PRIMATES.
3 Q. AND BY PRIMATES WHAT DO YOU MEAN?
4 A. MONKEYS, GORILLAS, CHIMPANZEES.
5 Q. FOR EXAMPLE, WOULD YOU OBTAIN RESULTS FROM DOG
6 BLOOD AT THE PARTICULAR LOCATIONS THAT YOU EXAMINED?
7 A. NO, WE WOULD NOT.
8 Q. WHEN YOU USE D. N. A. TESTING AND YOU COMPLETE AN
9 ANALYSIS, DO YOU COMPARE RESULTS FROM, LET’S SAY, A BLOODSTAIN
10 AT A CRIME SCENE AND ONE OR MORE KNOWN PEOPLE?
11 A. YES, I DO.
12 Q. WHAT ARE THE TYPES OF ANSWER THAT YOU CAN GET FROM
13 THIS TEST?
14 A. THERE COULD BE AN EXCLUSION MADE.
15 Q. WHAT’S THAT MEAN?
16 A. THAT MEANS THAT THE PERSON IS EXCLUDED OR COULD NOT
17 BE THE SOURCE OF THAT BIOLOGICAL MATERIAL.
18 Q. WHAT ELSE?
19 A. THERE ARE INCLUSIONS OR A — HOW WE WORD THE
20 DEFINITION OR THE CONCLUSION IS THAT THIS PERSON IS HIGHLY
21 LIKELY THE SOURCE OF THAT BIOLOGICAL MATERIAL, AND IN SOME
22 INSTANCES THE RESULTS ARE INCONCLUSIVE.
23 Q. ALL RIGHT.
24 ARE YOU FAMILIAR WITH THE EFFECTS OF CERTAIN
25 SUBSTANCES ON D. N. A. AND YOUR ABILITY TO OBTAIN RESULTS FROM A
26 SAMPLE THAT HAS BEEN EXPOSED TO THOSE SUBSTANCES?
27 A. YES.
28 Q. ARE YOU FAMILIAR WITH BLEACH AND ITS EFFECTS ON D.
5774
1 N. A., IF ANY?
2 A. YES, I AM.
3 Q. WHAT CAN BLEACH DO TO D. N. A.?
4 A. BLEACH VERY EFFECTIVELY DESTROYS D. N. A.
5 Q. AND IS THAT SIMPLY A RESULT OF THE CHEMICAL
6 COMPOSITION OF BLEACH AND D. N. A. ITSELF?
7 A. YES, IT IS.
8 Q. DID YOU PERFORM D. N. A. TESTING IN THIS CASE?
9 A. YES, I DID.
10 Q. AS PART OF THAT — AND DID THAT INCLUDE ON VARIOUS
11 ITEMS OF EVIDENCE IN THIS CASE?
12 A. YES, IT DID.
13 Q. DID YOU ALSO PERFORM D. N. A. TESTING ON SAMPLES
14 IDENTIFIED TO YOU AS HAVING COME FROM CERTAIN KNOWN PERSONS?
15 A. YES, I DID.
16 Q. DID THAT INCLUDE A SAMPLE IDENTIFIED TO YOU AS
17 COMING FROM DANIELLE VAN DAM?
18 A. YES, I DID.
19 Q. BRENDA VAN DAM?
20 A. YES.
21 Q. DAMON VAN DAM?
22 A. YES.
23 Q. DAVID WESTERFIELD?
24 A. YES.
25 Q. DID THAT ALSO INCLUDE D. N. A. TESTING ON ITEM 84,
26 THE CARPET FROM MR. WESTERFIELD’S MOTOR HOME THAT YOU FOUND?
27 A. YES, IT DID.
28 Q. DID IT INCLUDE TESTING OF THE CURTAIN STAIN I
5775
1 BELIEVE THAT WAS ITEM NO. 86, IF I REMEMBER CORRECTLY?
2 A. THAT’S CORRECT.
3 Q. ALSO FROM THE MOTOR HOME?
4 A. YES.
5 Q. AND DID IT ALSO INCLUDE I BELIEVE THE STAIN YOU
6 DESCRIBED AS 48-A FROM THE BEDSPREAD?
7 A. THAT’S CORRECT.
8 Q. DID YOU ALSO CONDUCT D. N. A. TESTING ON AN ITEM
9 DESCRIBED TO YOU AS 94D-2?
10 A. YES, I DID.
11 Q. WAS THAT IDENTIFIED TO YOU AS A BLOODSTAIN COMING
12 FROM THE RIGHT SHOULDER AREA OF A JACKET?
13 A. YES, IT IS.
14 Q. WERE YOU ALSO PROVIDED OTHER ITEMS OF EVIDENCE TO
15 USE D. N. A. TESTING ON — FROM THE SAME JACKET WITH THE SAME
16 DESIGNATION ITEM 94D BUT FROM OTHER LOCATIONS OF THE JACKET?
17 A. YES, I WAS.
18 Q. CAN YOU TELL US ABOUT THOSE OTHER TWO LOCATIONS AND
19 THE NUMBERS THAT DESIGNATED THOSE ITEMS?
20 A. I WILL BE REFERRING TO MY REPORT DATED FEBRUARY
21 26TH, 2002. ONE ITEM NUMBER IS 94D-1, AND IT IS A STAIN FROM
22 THE LAPEL OF THE JACKET.
23 Q. ALL RIGHT.
24 AND I BELIEVE THE OTHER ITEM, 94D-2 WAS THE RIGHT
25 SHOULDER AREA OF THE JACKET; IS THAT CORRECT?
26 A. YES, IT IS.
27 Q. WHAT WAS THE THIRD ITEM?
28 A. THE THIRD ITEM, THAT WOULD BE PAGE FOUR OF EIGHT ON
5776
1 THE REPORT, FEBRUARY 26TH, 2002. AND THAT WOULD BE ITEM NUMBER
2 94D-3. THAT WAS A STAIN FROM THE BACK NECK AREA OF THE JACKET
3 COLLAR.
4 Q. DID YOU TEST ALL THREE OF THOSE ITEMS AS PART OF
5 YOUR TESTIMONY?
6 A. YES, I DID.
7 Q. DID YOU OBTAIN KNOWN — I’M SORRY, LET ME REPHRASE
8 THAT. WHEN YOU TESTED THE CARPET SAMPLE NO. 84, DID YOU OBTAIN
9 A RESULT FROM THAT SAMPLE?
10 A. YES, I DID.
11 Q. WHEN YOU TESTED THE STAIN FROM THE RIGHT FRONT
12 SHOULDER AREA OF THE JACKET, 94D-2, DID YOU OBTAIN A D. N. A.
13 RESULT FROM THAT SAMPLE?
14 A. YES, I DID.
15 Q. DID YOU OBTAIN A D. N. A. RESULT FROM THE STAIN,
16 FROM, AGAIN 94D, THAT WAS FROM THE RIGHT LAPEL AREA?
17 A. YES, I DID.
18 Q. I BELIEVE YOU ALSO DESCRIBED THE THIRD ITEM FROM
19 94D THAT WAS FROM THE BACK OF THE NECK AREA.
20 DO YOU RECALL THAT?
21 A. THAT’S CORRECT.
22 Q. DID YOU OBTAIN ANY RESULTS FROM THAT PARTICULAR
23 AREA?
24 A. NO, I DID NOT.
25 Q. AS PART OF YOUR TESTING OF KNOWN SAMPLES, DID YOU
26 OBTAIN D. N. A. RESULTS FROM DAMON VAN DAM?
27 A. YES, I DID.
28 Q. DID YOU OBTAIN D. N. A. RESULTS FROM BRENDA VAN
5777
1 DAM?
2 A. YES, I DID.
3 Q. WHEN WAS THIS TESTING? CAN YOU TELL US THE
4 APPROXIMATE DATE RANGE?
5 A. I’D LIKE TO REFER TO MY NOTES WHICH ARE RELATED TO
6 THE REPORT DATED FEBRUARY 26TH, 2002.
7 Q. ALL RIGHT.
8 A. TESTING ON THE SAMPLES, THE REFERENCE SAMPLES FROM
9 DAMON VAN DAM AND BRENDA VAN DAM WERE — BEGAN ON FEBRUARY 13TH,
10 2002.
11 Q. AND WHEN DID THEY CONCLUDE AT THIS PHASE OF YOUR
12 TESTING WITH THESE PARTICULAR ITEMS?
13 A. THE INITIAL SET OF TESTING CONCLUDED ON FEBRUARY
14 19TH, 2002. HOWEVER, SOME FURTHER TESTING WAS DONE.
15 Q. AT A LATER TIME?
16 A. THAT’S CORRECT.
17 Q. AS FAR AS THE TESTING THAT CONCLUDED, I THINK YOU
18 SAID FEBRUARY 19TH, IS THAT RIGHT? DID I GET THE RIGHT DATE
19 THERE? I’M SORRY.
20 A. THAT’S CORRECT, FEBRUARY 19TH.
21 Q. THAT WAS BEFORE THE BODY OF DANIELLE VAN DAM WAS
22 DISCOVERED, CORRECT?
23 A. THAT’S CORRECT.
24 Q. WHAT, IF ANYTHING, DID YOU USE AS A KNOWN SAMPLE OF
25 D. N. A. FROM DANIELLE VAN DAM?
26 A. A PAIR OF UNDERPANTS THAT WERE COLLECTED FROM THE
27 VICTIM’S BEDROOM WAS USED AS A SECONDARY REFERENCE SAMPLE.
28 Q. WAS THAT IDENTIFIED TO YOU AS ITEM NO. 3?
5778
1 A. THAT’S CORRECT.
2 Q. YOU DIDN’T HAVE A BLOOD SAMPLE OF DANIELLE VAN DAM
3 AT THAT TIME; IS THAT CORRECT?
4 A. THAT’S CORRECT.
5 Q. TO YOUR KNOWLEDGE, DID ANYONE IN LAW ENFORCEMENT
6 HAVE ANY KNOWN SAMPLE OF DANIELLE VAN DAM THAT YOU COULD USE FOR
7 YOUR TESTING PURPOSES?
8 A. NO, THEY DID NOT.
9 Q. DID YOU OBTAIN RESULTS FROM THE UNDERWEAR ITEM NO.
10 3?
11 A. YES, I DID.
12 Q. AS A RESULT OF YOUR TESTING OF DAMON VAN DAM AND
13 BRENDA VAN DAM, DID YOU OBTAIN RESULTS THAT YOU COULD COMPARE TO
14 YOUR RESULTS FROM THE UNDERWEAR?
15 A. YES, I DID.
16 Q. WHY WAS THAT SIGNIFICANT?
17 A. AS I HAD MENTIONED EARLIER, WITH D. N. A. YOU
18 INHERIT ONE-HALF OF YOUR D. N. A. FROM YOUR BIOLOGICAL MOTHER
19 AND ONE-HALF FROM YOUR BIOLOGICAL FATHER.
20 BRENDA VAN DAM AND DAMON VAN DAM’S REFERENCES WERE
21 USED TO COMPARE TO THE RESULTS OBTAINED FROM THE UNDERWEAR STAIN
22 TO DETERMINE IF THEY COULD BE THE BI — IF THOSE RESULTS COULD
23 BE THE BIOLOGICAL OFFSPRING OF BRENDA AND DAMON VAN DAM.
24 Q. YOU OBTAINED THE RESULTS FROM DAMON AND BRENDA
25 INDIVIDUALLY, CORRECT?
26 A. THAT’S CORRECT.
27 Q. AND FROM THE UNDERWEAR?
28 A. THAT’S CORRECT.
5779
1 Q. WAS THE UNDERWEAR — OR DID THE UNDERWEAR HAVE A D.
2 N. A. PROFILE OR SET OF TYPES CONSISTENT WITH BEING AN OFFSPRING
3 OR CHILD OF BRENDA AND DAMON VAN DAM?
4 A. YES, IT DID.
5 Q. DID YOU AT A LATER TIME OBTAIN AN ACTUAL KNOWN
6 SAMPLE FROM DANIELLE VAN DAM?
7 A. YES, I DID.
8 Q. WAS THAT AFTER HER BODY WAS RECOVERED ON FEBRUARY
9 27TH?
10 A. YES, IT WAS.
11 Q. WHAT WERE YOU PROVIDED AS A KNOWN SAMPLE FROM
12 DANIELLE VAN DAM FOR LATER D. N. A. TESTING?
13 A. IT WAS A PORTION OF A RIB BONE.
14 Q. IDENTIFIED TO YOU AS HAVING COME FROM HER?
15 A. THAT’S CORRECT.
16 Q. DID YOU ULTIMATELY OBTAIN A D. N. A. PROFILE FROM
17 THAT RIB BONE?
18 A. YES, I DID.
19 Q. WAS THAT THE SAME OR DIFFERENT FROM THE D. N. A.
20 PROFILE FROM THE UNDERWEAR?
21 A. THE D. N. A. PROFILE FROM THE UNDERWEAR WAS EXACT
22 AS NO. 3, THE UNDERWEAR SAMPLE.
23 Q. THE D. N. A. TYPE THAT YOU — JUST SO WE’RE CLEAR,
24 IS THAT THE SAME OR DIFFERENT FROM DAMON VAN DAM’S D. N. A?
25 A. IT WAS DIFFERENT.
26 Q. WHAT ABOUT BRENDA VAN DAM’S D. N. A.?
27 A. IT WAS DIFFERENT FROM BRENDA VAN DAM’S D. N. A.
28 ALSO.
5780
1 Q. DID YOU OBTAIN A PROFILE FROM A KNOWN SAMPLE
2 PROVIDED TO YOU AS HAVING COME FROM DAVID WESTERFIELD?
3 A. YES, I DID.
4 Q. WAS THAT PROFILE THE SAME OR DIFFERENT AS THAT FROM
5 THE UNDERWEAR AND THE RIB BONE?
6 A. IT WAS DIFFERENT.
7 Q. WAS IT THE SAME OR DIFFERENT FROM PROFILES OF DAMON
8 AND BRENDA VAN DAM?
9 A. YES, IT WAS.
10 Q. THE PROFILE YOU OBTAINED FROM THE CARPET, ITEM NO.
11 84 FROM THE MOTOR HOME, DID YOU COMPARE THAT WITH THE PROFILE
12 YOU OBTAINED FROM THE JACKET STAIN 94D-2 TAKEN FROM THE SHOULDER
13 OF THAT GREEN JACKET?
14 A. YES, I DID.
15 Q. WERE THEY THE SAME OR DIFFERENT?
16 A. THEY WERE THE SAME.
17 Q. COULD THOSE STAINS HAVE BEEN FROM DAVID
18 WESTERFIELD?
19 A. NO, THEY COULD NOT.
20 Q. COULD THEY HAVE BEEN FROM DAMON OR BRENDA VAN DAM?
21 A. NO, THEY COULD NOT.
22 Q. COULD THEY HAVE BEEN FROM DANIELLE VAN DAM?
23 A. YES THEY COULD.
24 Q. DO HER TYPES MATCH IDENTICALLY THOSE TYPES FOUND IN
25 BOTH THE JACKET STAIN 94D-2 AND THE CARPET NO. 84?
26 A. YES, THEY DO.
27 Q. MS. PEER, WHAT ARE POPULATION STATISTICS?
28 A. POPULATION STATISTICS, IT’S A NUMERICAL VALUE.
5781
1 IT’S MATHEMATICALLY CALCULATED, AND ITS PURPOSE IS TO SHOW THE
2 SIGNIFICANCE OF A MATCH. AND USUALLY THAT MATCH IS BETWEEN AN
3 EVIDENCE ITEM AND A REFERENCE SAMPLE.
4 Q. WHAT DO YOU MEAN? CAN YOU TELL US A LITTLE BIT
5 MORE ABOUT WHAT YOU MEAN BY THAT?
6 IN OTHER WORDS, WHEN YOU USE THE STATISTICS, AND I
7 THINK YOU USED THE WORD SIGNIFICANCE —
8 A. YES.
9 Q. — WHAT ARE YOU TELLING US?
10 A. TO SHOW HOW POWERFUL THAT MATCH IS. WHEN I
11 REFERRED EARLIER TO “ABO” TYPING AND “ABO” —
12 MR. FELDMAN: EXCUSE ME, YOUR HONOR, OBJECT TO THE TERM
13 “MATCH.”
14 THE COURT: OVERRULED.
15 IF YOU’D CONCLUDE YOUR ANSWER.
16 THE WITNESS: THANK YOU, YOUR HONOR.
17 WHEN I REFERRED EARLIER TO “ABO” TYPING WITH
18 SOMEONE WITH “ABO” TYPE “O” BEING APPROXIMATELY 50 PERCENT OF
19 THE POPULATION, THAT NUMBER, THAT 50 PERCENT, OR ONE IN TWO
20 INDIVIDUALS SHOWS THE SIGNIFICANCE OF THAT MATCH WHICH IS NOT
21 VERY POWERFUL IF ONE IN EVERY TWO PEOPLE COULD ACTUALLY HAVE
22 “ABO” TYPE “O” BLOOD.
23 WELL, WITH D. N. A. WE USE THAT MATHEMATICAL
24 CALCULATION TO SHOW THE SIGNIFICANCE OF HOW COMMON OR HOW RARE
25 THAT COMBINATION OF D. N. A. TYPES IS FOUND OUT IN THE
26 POPULATIONS.
27
28
5782
1 BY MR. CLARKE:
2 Q. HOW DO YOU MAKE THESE CALCULATIONS OF APPROXIMATELY
3 HOW COMMON OR RARE D. N. A. MATCHES ARE? WHAT DO YOU USE TO DO
4 THAT?
5 A. INITIALLY, IT WAS DONE MANUALLY. I WOULD TAKE A
6 CALCULATOR AND MAKE THOSE CALCULATIONS MYSELF. AT THIS TIME WE
7 HAVE A SOFTWARE PROGRAM WHERE WE ENTER IN THE D. N. A. TYPES AND
8 IT MATHEMATICALLY CALCULATES THAT STATISTICAL FREQUENCY FOR US.
9 Q. WHAT ARE THESE NUMBERS TAKEN FROM? IN OTHER WORDS,
10 HOW DO YOU KNOW WHAT VARIOUS NUMBERS TO ASSIGN TO THESE VARIOUS
11 LOCATION OF D. N. A.?
12 A. THEY ARE TAKEN FROM POPULATION DATABASIS STUDIES
13 THAT HAVE ACTUALLY TESTED PEOPLE IN THE POPULATION OF DIFFERENT
14 RACIAL GROUPS AND HAVE DETERMINED THEIR TYPES.
15 Q. AND ARE THESE STUDIES THAT EXAMINE MAJOR RACIAL
16 GROUPS FROM AROUND THE WORLD?
17 A. YES, THEY DO.
18 Q. DO YOU USE THOSE IN YOUR LABORATORY TO CALCULATE
19 BASICALLY NUMBERS THAT PROVIDE US INFORMATION ABOUT HOW RARE OR
20 HOW COMMON A MATCH IS?
21 A. YES, WE DO.
22 Q. I’D LIKE TO FOCUS YOUR ATTENTION INITIALLY ON THE
23 CARPET STAIN, ITEM NO. 84.
24 WERE YOU ABLE TO CALCULATE AN ESTIMATE OF HOW RARE
25 THOSE MATCHING PROFILES WERE BETWEEN DANIELLE VAN DAM AND THE
26 CARPET STAIN ITEM 84?
27 A. YES, I WAS.
28 Q. ALL RIGHT. WOULD YOU DESCRIBE THAT PLEASE?
5783
1 A. I’D LIKE TO REFER TO MY REPORT.
2 Q. PLEASE DO SO.
3 WHEN YOU HAVE A CHANCE, WHAT I’LL DO IS I’LL ASK
4 YOU A QUESTION WHEN YOU HAVE THOSE IF IT’S AVAILABLE.
5 A. THE REPORT I’M REFERRING TO IS DATED APRIL 30TH,
6 2002.
7 Q. ALL RIGHT.
8 WHAT I’D LIKE TO INITIALLY ASK YOU IS DO YOU
9 CALCULATE THESE APPROXIMATIONS IN THE CAUCASIAN POPULATION?
10 A. YES, I DO.
11 Q. DO YOU ALSO CALCULATE THEM IN THE AFRICAN-AMERICAN
12 POPULATION?
13 A. YES, I DO.
14 Q. DO YOU ALSO CALCULATE THEM IN THE HISPANIC
15 POPULATION?
16 A. YES, I DO.
17 Q. WHAT I’D LIKE TO ASK YOU INITIALLY IS WITH REGARD
18 TO THE CAUCASIAN POPULATION WHAT IS THE APPROXIMATE LIKELIHOOD
19 OF SOMEONE CHOSEN AT RANDOM IN THAT POPULATION HAVING THESE SAME
20 D. N. A. GENETIC TYPES AS BOTH THE CARPET STAIN AND DANIELLE VAN
21 DAM?
22 A. THAT FREQUENCY WOULD BE IN THE CAUCASIAN POPULATION
23 APPROXIMATELY ONE IN A HUNDRED AND THIRTY QUADRILLION.
24 Q. QUADRILLION MEANS WHAT?
25 A. QUADRILLION IS A NUMBER.
26 Q. ALL RIGHT.
27 HOW MANY ZEROS ARE IN A QUADRILLION, IF YOU CAN
28 TELL US?
5784
1 A. FIFTEEN ZEROS ARE IN QUADRILLION.
2 Q. I’D LIKE TO ASK YOU THE SAME QUESTION WITH REGARD
3 TO THE AFRICAN-AMERICAN POPULATION.
4 WHAT’S THE APPROXIMATE LIKELIHOOD OF SELECTING
5 SOMEONE AT RANDOM FROM THAT POPULATION AND THAT PERSON HAVING
6 THE SAME GENETIC PROFILE AS FOUND IN THE CARPET AND DANIELLE VAN
7 DAM?
8 A. THAT WOULD BE ONE IN 1.7 QUINTILLION.
9 Q. IS THAT AN EVEN LARGER NUMBER THAN QUADRILLION.
10 A. YES, IT IS.
11 Q. ALL RIGHT.
12 AND LASTLY, IN THE HISPANIC POPULATION, WHAT IS THE
13 LIKELIHOOD OF SOMEONE BEING CHOSEN AT RANDOM HAVING THAT SAME
14 GENETIC PROFILE FOUND IN BOTH THE CARPET STAIN AND DANIELLE VAN
15 DAM?
16 A. THAT NUMBER WOULD BE ONE IN 6.6 QUINTILLION.
17 Q. ALL RIGHT.
18 I’D LIKE TO NOW TURN YOUR ATTENTION TO THE STAIN
19 TAKEN FROM THE JACKET, 94D-2, AND YOU’VE DESCRIBED PREVIOUSLY
20 THAT THAT D. N. A. SET OF PROFILES OR TYPES MATCHES DANIELLE VAN
21 DAM, CORRECT?
22 A. THAT’S CORRECT.
23 Q. LET’S START WITH THE CAUCASIAN POPULATION. WHAT
24 ARE THE CHANCES OF SELECTING SOMEONE AT RANDOM FROM THAT
25 POPULATION AND THAT PERSON HAVING THOSE SAME GENETIC PROFILES
26 FOUND IN DANIELLE VAN DAM AND THE JACKET STAIN?
27 A. THAT WOULD BE ONE IN 670 QUADRILLION.
28 Q. WHAT ABOUT THE AFRICAN-AMERICAN POPULATION?
5785
1 A. ONE IN 14 QUINTILLION.
2 Q. AND LASTLY, THE HISPANIC POPULATION?
3 A. ONE IN 31 QUINTILLION.
4 Q. WITH REGARD TO EACH OF THESE STAINS, FIRST OF ALL,
5 THE NUMBERS ARE A LITTLE DIFFERENT; IS THAT CORRECT?
6 A. THAT’S CORRECT.
7 Q. WHY IS THAT? BY DIFFERENT I’M REFERRING TO
8 CAUCASIAN POPULATION AS FAR AS THE MATCH ON THE CARPET STAIN,
9 CAUCASIAN POPULATION AS FAR AS THE MATCH ON THE JACKET STAIN AND
10 OBVIOUSLY WITH THE OTHER TWO POPULATIONS AS WELL.
11 A. THE NUMBERS INDICATE THAT THIS PROFILE IS EXTREMELY
12 RARE IN THE CAUCASIAN POPULATION, BUT WITH THE AFRICAN-AMERICAN
13 AND HISPANIC POPULATION IT’S EVEN RARER, AND THEREFORE, IT IS A
14 MUCH, MUCH SMALLER NUMBER OF PEOPLE WHO WOULD BE EXPECTED TO
15 MATCH THAT STAIN.
16 Q. I’D ALSO LIKE TO ASK YOU WITH REGARD TO THE STAIN
17 ON THE JACKET LAPEL, AND I BELIEVE YOU SAID THAT YOU HAD
18 OBTAINED RESULTS FROM THAT, IS THAT CORRECT?
19 A. YES, I DID.
20 Q. WERE THOSE RESULTS CONSISTENT OR INCONSISTENT WITH
21 DANIELLE VAN DAM?
22 A. THEY WERE INCONSISTENT WITH DANIELLE VAN DAM.
23 Q. WERE THEY CONSISTENT OR INCONSISTENT WITH DAVID
24 WESTERFIELD?
25 A. THEY WERE CONSISTENT WITH MR. WESTERFIELD.
26 Q. ALL RIGHT.
27 YOUR HONOR, I BELIEVE I’VE HAD MARKED PREVIOUSLY A
28 BOARD, EXHIBIT 119.
5786
1 THE COURT: ALL RIGHT.
2 MR. CLARKE: I BELIEVE CAN BE DESCRIBED AS A BOARD
3 LABELED AT THE TOP D. N. A. TESTING RESULTS S. D. P. D.
4 (MARKED FOR ID: = TRIAL EX. 119, DNA TEST RESULTS)
5
6 BY MR. CLARKE:
7 Q. MS. PEER, IF I CAN DIRECT YOU TO EXHIBIT 119, HAVE
8 YOU HAD A CHANCE TO LOOK AT THIS BOARD EARLIER TODAY?
9 A. YES, I HAVE.
10 Q. ALL RIGHT.
11 CAN YOU TELL US WHAT IT SHOWS?
12 A. IT SHOWS A TABLE OF MY TESTING RESULTS. IT LISTS
13 THE GENETIC MARKERS ACROSS THE TOP ROW, AND THEN IT ALSO GIVES A
14 DESCRIPTION AND THE ITEM NUMBER OF THE DIFFERENT ITEMS OF
15 EVIDENCE THAT I PERFORMED D. N. A. ANALYSIS ON.
16 Q. ALL RIGHT.
17 IT LOOKS LIKE IN THE COLUMN TO THE FAR LEFT WHERE
18 IT’S LABELED “DESCRIPTION,” BELOW THAT ARE LISTED THE VARIOUS
19 ITEMS, OR AT LEAST SOME OF THE ITEMS THAT YOU TESTED IN THIS
20 CASE?
21 A. THAT’S CORRECT.
22 Q. WITH BOTH AN ITEM NUMBER AND A BRIEF DESCRIPTION?
23 A. THAT’S CORRECT.
24 Q. THEN THERE APPEAR TO BE I BELIEVE 14 ROWS — EXCUSE
25 ME — COLUMNS TO THE RIGHT OF THAT THAT HAVE VARIOUS LETTER AND
26 NUMBER DESIGNATIONS, IS THAT RIGHT?
27 A. THAT’S CORRECT.
28 Q. WHAT DO THOSE SHOW? AND I’M TALKING ABOUT THE TOP
5787
1 ROW TO THE RIGHT OF THE WORD DESCRIPTION.
2 A. THOSE INDICATE THE 13 GENETIC MARKERS AND THE ONE
3 GENDER MARKER THAT I TEST FOR WHEN I PERFORM MY D. N. A.
4 ANALYSIS.
5 Q. AND ARE THESE LOCATIONS OF D. N. A. COMMONLY
6 DESIGNATED AS THEY ARE HERE ON THE CHART AMONG SCIENTISTS WHO
7 TEST D. N. A.?
8 A. YES, THEY ARE.
9 Q. THE COLUMN TO THE RIGHT OF THE LAST OF WHAT YOU’VE
10 DESCRIBED AS THESE GENETIC MARKERS IS LABELED POSSIBLE SOURCE;
11 IS THAT CORRECT?
12 A. THAT’S CORRECT.
13 Q. IS THAT DESIGNED TO INDICATE WHO COULD HAVE LEFT
14 THAT PARTICULAR SAMPLE LISTED ON THE FAR LEFT?
15 A. THAT’S CORRECT.
16 Q. AND LASTLY, IN THE AREA OF FREQUENCY, IS THERE A
17 DESIGNATION OF THE NUMBERS OR SOME OF THE NUMBERS THAT YOU’VE
18 JUST DESCRIBED TO US?
19 A. YES, THERE IS.
20 Q. ALL RIGHT.
21 LET’S START WITH THE UNDERPANTS, ITEM NO. 3. ARE
22 THOSE THEN ON THE BOARD, EXHIBIT 119, THAT TYPES THAT YOU
23 DETERMINED FROM YOUR TESTING AT THOSE 13 GENETIC MARKERS PLUS
24 THE SEX MARKER?
25 A. YES, THEY ARE.
26 Q. DOES THE SAME ALSO HOLD TRUE FOR BOTH THE BLOOD
27 FROM THE R. V. CARPET AND THE BLOOD FROM THE JACKET SHOULDER?
28 A. YES, THEY ARE.
5788
1 Q. DOWN AT THE BOTTOM IN WHAT APPEARS TO BE A
2 DIFFERENT SHADE IN LIGHT GREEN INSTEAD OF PINK, I BELIEVE IT IS,
3 ARE ALSO TWO FURTHER ITEM NUMBERS. IS THAT ITEM 95 DAVID
4 WESTERFIELD, DO YOU SEE THAT?
5 A. YES, I DO.
6 Q. AN DOES THAT REPRESENT TO THE RIGHT OF THAT THE
7 GENETIC MARKER TYPES FOR MR. WESTERFIELD?
8 A. YES, IT DOES.
9 Q. AND THEN AT THE BOTTOM IS LABELED “BLOOD JACKET
10 LAPEL.” DO YOU SEE THAT?
11 A. YES, I DO.
12 Q. DO THE DESIGNATIONS TO THE RIGHT OF THAT REFLECT
13 THE VARIOUS TYPES OR ABSENCE OF TYPES FOR THAT PARTICULAR
14 SAMPLE?
15 A. YES, IT DOES.
16 Q. I’D LIKE YOU TO DESCRIBE A FEW OF THE DESIGNATIONS
17 AND — THERE’S A LEGEND AT THE BOTTOM, FIRST OF ALL. IS THAT
18 DESIGNED TO HELP US UNDERSTAND THE RESULTS ON THE BOARD?
19 A. YES, IT IS.
20 Q. CAN YOU TELL US WHAT THE LEGEND SAYS AT THE VERY
21 BOTTOM OF EXHIBIT 119?
22 A. THE (T.R.) IN PARENTHESES EQUALS TRACE RESULTS.
23 Q. LET ME STOP YOU. WHAT’S A TRACE RESULT?
24 A. A TRACE RESULT IS A RESULT WHICH IS BELOW A
25 THRESHOLD LIMIT THAT WE SET WITH THIS TEST.
26 Q. WHY DO YOU SET A THRESHOLD LIMIT?
27 A. IT HAS TO DO WITH THE CONFIDENCE THAT WE HAVE IN
28 CALLING PARTICULAR TYPES. WE SET A THRESHOLD LEVEL. ANYTHING
5789
1 ABOVE THAT THRESHOLD LEVEL IS CALLED WITH A LARGE AMOUNT OF
2 CONFIDENCE. ANYTHING BELOW THAT IS OBSERVED AND REPORTED AND
3 RECORDED BUT IT IS NOT USED AS MUCH IN INTERPRETATION AS IT IS
4 WITH A CALLABLE TYPE.
5 Q. IS A TRACE RESULT SOMETHING WHERE YOU’RE SEEING A
6 CERTAIN TYPE BUT IT DOESN’T APPEAR TO BE ENOUGH D. N. A. FOR YOU
7 TO HAVE CONFIDENCE TO CALL THAT RESULT?
8 A. THAT’S CORRECT.
9 Q. ALL RIGHT.
10 TO THE RIGHT OF TRACE RESULT I THINK IS A
11 DESIGNATION OF “N.D.”; IS THAT CORRECT?
12 A. THAT’S CORRECT.
13 Q. WHAT DOES N. D. MEAN?
14 A. NOT DETECTED.
15 Q. MEANING WHAT?
16 A. NO D. N. A. TYPE WAS SEEN AT THAT PARTICULAR
17 MARKER.
18 Q. IS THAT DUE TO EITHER THE AMOUNT OF D. N. A. THAT
19 WAS ABLE TO BE OBTAINED OR THE CONDITION OF THAT D. N. A.?
20 A. YES, SIR, IT IS.
21 Q. LASTLY IS A DESIGNATION “N. T.”, AND I BELIEVE IT
22 SAYS NO TRACE?
23 A. THAT’S CORRECT.
24 Q. ALL RIGHT. IS THAT THE PROPER DESIGNATION FOR N.
25 T. OR HAS THAT BEEN AN APPARENT MISTAKE ON THE BOARD?
26 A. THAT IS AN APPARENT MISTAKE ON THE BOARD. N. T.
27 SHOULD STAND FOR NOT TESTED.
28 Q. ALL RIGHT.
5790
1 MS. PEER, WHAT I’M GOING TO ASK YOU TO DO IS TAKE A
2 BLACK FELT PEN — WELL, THAT’S BLUE — AND IF YOU WOULD LINE OUT
3 THE INCORRECT DESIGNATION FOR N. T. AND WRITE IN THE CORRECT
4 ONE?
5 A. (WITNESS COMPLYING.).
6 Q. AND YOU CAN HAVE A SEAT AGAIN.
7 FOR THE RECORD, YOUR HONOR, THE WITNESS ON EXHIBIT
8 119 HAS LINED OUT WHAT WAS PREVIOUSLY TO THE RIGHT OF THE
9 DESIGNATION N. T. AND WROTE IMMEDIATELY BELOW THAT NOT TESTED.
10 Q. WHAT DOES NOT TESTED MEAN? IS IT SIMPLE AS IT
11 SOUNDS?
12 A. YES, IT IS.
13 Q. OKAY.
14 NOW WE NOTICE ON THE DESIGNATIONS OF DAVID
15 WESTERFIELD AND THE BLOOD ON THE JACKET LAPEL, IT LOOKS LIKE A
16 NUMBER OF N. D.S AND N. T.S; IS THAT CORRECT?
17 A. THAT’S CORRECT.
18 Q. WHY IS THAT?
19 A. THAT HAD A RELATIVELY LOW AMOUNT OF D. N. A., FEWER
20 GENETIC MARKERS WERE DEVELOPED BUT SOME WERE PRESENT, AND THESE
21 RESULTS INDICATE WHAT WAS FOUND AFTER TESTING.
22 Q. THE RESULTS THAT YOU DID OBTAIN FOR THE BLOOD FROM
23 THE JACKET LAPEL, HOWEVER, ARE CONSISTENT WITH HAVING COME FROM
24 MR. WESTERFIELD; IS THAT CORRECT?
25 A. THAT’S CORRECT.
26 Q. TO YOUR KNOWLEDGE, HAD THAT ITEM PREVIOUSLY BEEN
27 IDENTIFIED AS BELONGING TO MR. WESTERFIELD?
28 A. YES, IT WAS.
5791
1 Q. ON THE BOARD, OVER TO THE RIGHT THERE ARE I BELIEVE
2 TWO AREAS. AND LET’S TALK ABOUT THE SHADED PORTIONS FIRST.
3 TO THE RIGHT — FAR RIGHT OF NO. 3, THE UNDERPANTS,
4 THERE’S NOTHING WRITTEN IN UNDER POSSIBLE SOURCE OR FREQUENCY;
5 IS THAT CORRECT?
6 A. THAT’S CORRECT.
7 Q. WHY IS THAT?
8 A. IT’S BECAUSE IT WAS CONSIDERED A SECONDARY
9 REFERENCE SAMPLE FROM DANIELLE VAN DAM.
10 Q. THAT YOU LATER VERIFIED BY TESTING HER RIB BONE?
11 A. THAT’S CORRECT.
12 Q. ALL RIGHT.
13 AND THEN DOWN AT THE BOTTOM WE HAVE THE SAME
14 SITUATION WITH REGARD TO DAVID WESTERFIELD?
15 A. THAT’S CORRECT.
16 Q. WHY IS THAT? SAME REASON?
17 A. YES, IT IS. IT WAS REPORTED TO BE A REFERENCE
18 SAMPLE FROM MR. WESTERFIELD.
19 Q. AND THEN LASTLY, TO THE EXTREME RIGHT OF THE BLOOD
20 ON THE JACKET LAPEL IS ANOTHER SHADED AREA.
21 FIRST OF ALL, WAS A FREQUENCY CALCULATION OF
22 SIGNIFICANCE TO LAW ENFORCEMENT FOR THAT ITEM?
23 A. YES, THERE WAS.
24 Q. WELL, FIRST OF ALL, WAS IT SIGNIFICANT, IN OTHER
25 WORDS?
26 A. NO, NO, IT WAS NOT.
27 Q. WHY?
28 A. IT’S NOT UNUSUAL TO EXAMINE AN ITEM OF EVIDENCE
5792
1 WHICH IS REPORTED TO BE FROM SOMEONE AND TO FIND THEIR OWN D. N.
2 A. IN THE FORM OF STAINS ON THEIR CLOTHING.
3 Q. HAVE YOU SUBSEQUENTLY MADE AN ESTIMATE OF THE
4 RARITY OF THE — LOOKS LIKE THREE OR FOUR TYPES THAT YOU COULD
5 ACTUALLY COMPARE BETWEEN THAT BLOODSTAIN AND MR. WESTERFIELD?
6 A. YES, I DID.
7 Q. WITH WHAT RESULTS IN TERMS OF ESTIMATES OF RARITY?
8 A. I WOULD NEED TO REFER TO MY NOTES.
9 Q. ALL RIGHT.
10 IF YOU COULD DO THAT.
11 A. THIS PAGE IS DATED JUNE 5TH, 2002. IT DOESN’T HAVE
12 A PAGE NUMBER. IT IS LABELED AS AN ADMIN DOCUMENTATION, AND THE
13 FREQUENCIES THAT WERE CALCULATED ARE AT THE BOTTOM OF THE PAGE.
14 Q. ALL RIGHT.
15 COULD YOU GO AHEAD AND GIVE US — GIVE THOSE TO US
16 FOR THE THREE POPULATION GROUPS?
17 A. THE FREQUENCY THAT WAS CALCULATED FOR THE CAUCASIAN
18 POPULATION WAS ONE IN 4100 OR 4,100.
19 IN THE AFRICAN-AMERICAN POPULATION ONE IN 1,200 AND
20 IN THE HISPANIC POPULATION ONE IN 5,400.
21 THE COURT: COUNSEL, WE ARE GOING TO NEED TO TAKE THE
22 AFTERNOON BREAK.
23 LADIES AND GENTLEMEN, PLEASE REMEMBER THE
24 ADMONITION OF THE COURT NOT TO DISCUSS ANY OF THE EVIDENCE OR
25 TESTIMONY AMONG YOURSELVES OR WITH ANY OTHER PERSONS, NOR
26 FORMULATE OR EXPRESS ANY OPINIONS ON THE MATTER UNTIL IT IS
27 SUBMITTED TO YOU FOR DECISION.
28 HAVE A PLEASANT LUNCH. WE’LL SEE YOU AT 1:30. AT
5793
1 1:30.
2 (AT 12:02 P.M. THE JURY WAS EXCUSED
AND THE FOLLOWING PROCEEDINGS WERE HAD:)
3
4 THE COURT: OKAY, MS. PEER. I’M SURE MR. CLARKE WILL
5 HAVE INSTRUCTIONS FOR YOU AND WE’LL SEE YOU BACK AT 1:30.
6 THE WITNESS: THANK YOU, YOUR HONOR.
7 THE COURT: THANK YOU.
8 ALL RIGHT. THE RECORD SHOULD REFLECT THE JURORS
9 AND ALTERNATES HAVE LEFT THE COURTROOM.
10 COUNSEL, I HAVE ASSIGNED A HALF HOUR FOR THE MATTER
11 WE’RE GOING TO NEED TO DISCUSS AT 1:00, BUT IS IT GOING TO TAKE
12 THAT LONG? I MEAN, I’M OPEN TO A TIME ESTIMATE.
13 MR. CLARKE: I’M TRYING TO REMEMBER EXACTLY WHAT WE WERE
14 GOING TO DO AT THAT TIME. I KNOW THE TOPIC.
15 MR. FELDMAN: WE’RE BRINGING ANOTHER PLEADING OVER THAT
16 JUST WILL ARTICULATE THAT.
17 I CAN INDICATE TO THE COURT THAT AT OUR PAST BREAK
18 WE CHECKED THE PLEADINGS, AND CERTAINLY THE ISSUE WAS RAISED IN
19 BRIEF. WE’LL COME OVER WITH A FRONT SHEET THAT WILL
20 SPECIFICALLY ARTICULATE IT IN CASE THAT’S A PROBLEM.
21 I DON’T KNOW, 20 MINUTES, YOUR HONOR.
22 THE COURT: WE’LL JUST MAKE IT 1 O’CLOCK THEN. WE’LL BE
23 READY TO GO AT 1 O’CLOCK.
24 MR. FELDMAN: YES.
25 MR. CLARKE: I’M HOPEFUL I CAN DUPLICATE THOSE MATERIALS.
26 THAT MIGHT BE CUTTING IT CLOSE.
27 THE COURT: WELL, I HAVE ACCESS TO THE ORDER THAT WAS
28 MADE IN THAT PARTICULAR MATTER AS PART OF THE RESEARCH IN THE
5794
1 COURT SINCE IT’S ONE OF OUR JUDGES THAT MADE THE DECISION,
2 OBVIOUSLY.
3 MR. FELDMAN: BUT I DIDN’T AGREE THAT THE COURT COULD
4 NOTICE THE ORDER OR THE FINDING, JUST RATHER THE PLEADINGS —
5 I’M SORRY, THE EVIDENTIARY MATTER, SO THAT YOUR HONOR WOULD HAVE
6 TO MAKE YOUR OWN RULING AS OPPOSED —
7 THE COURT: OH, NO, I UNDERSTAND THAT, BELIEVE ME. BUT
8 THE ENTIRE FILE IS A MATTER OF RECORD IN THIS COURTHOUSE.
9 SO WE’LL SEE YOU AT 1 O’CLOCK.
10 (AT 12:03 P.M. THE NOON RECESS WAS
TAKEN UNTIL 1:00 P.M. OF THE SAME DAY.)
11
12 –O0O–
13
14
15 (SEALED PROCEEDINGS FOLLOW THIS DATE, PAGES 5795 THROUGH
16 5810, BOUND IN SEPARATE VOLUME 21B. UNSEALED PROCEEDINGS
17 CONTINUE ON PAGE 5811. NOTHING OMITTED.)
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