45 – Day 12- June 24th 2002 – Transcript criminal trial David Westerfield

TRIAL DAY 12 – PART 2 – morning 2
SAN DIEGO, CALIFORNIA, MONDAY, JUNE 24, 2002, (morning 2)


WITNESS:

Tanya Dulaney (criminalist in the trace evidence section, testified about hairs and fibers – Examination continued and cross-examination)


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

2 GOT A NOTE FROM ONE OF YOU SAYING HOW DO WE GO ABOUT ASKING

3 QUESTIONS IF WE HAVE QUESTIONS? JUROR NO. 9 CAUGHT ME OFF

4 GUARD.

5 LADIES AND GENTLEMEN, THIS IS NOT A QUESTION AND

6 ANSWER SESSION FOR YOU FOLKS. I HAVE EXPERIMENTED WITH JURORS

7 ASKING QUESTIONS AND, QUITE FRANKLY, THEY ULTIMATELY END UP

8 BEING ADVERSARIAL. YOU FOLKS ARE NOT ADVOCATES. YOU’RE GOING

9 TO HAVE TO WORK WITH THE EVIDENCE YOU HAVE. IF YOU HAVE

10 QUESTIONS THAT DO CONCERN YOU, HOWEVER, THE WAY WE HAVE TO

11 APPROACH IT IS WRITE ‘EM OUT, AND IF I CAN ANSWER ‘EM I WILL.

12 IF I CAN’T, I’LL TELL YOU I CAN’T.

13 ALL RIGHT. MR. CLARKE.

14 MR. CLARKE: THANK YOU, YOUR HONOR.

15

16 BY MR. CLARKE:

17 Q. MS. DULANEY, I THINK WE HAD LEFT OFF WITH YOU HAD

18 DESCRIBED EXAMINING LINT FROM A TRASH CAN IN MR. WESTERFIELD’S

19 GARAGE, NO. 13, CORRECT?

20 A. YES.

21 Q. DID YOU FIND ANY HAIRS IN THAT LINT?

22 A. YES, I DID.

23 Q. DESCRIBE THEM PLEASE.

24 A. I FOUND THREE HUMAN HAIRS THAT ARE BLOND AND I ALSO

25 FOUND 18 DOG HAIRS.

26 Q. ALL RIGHT. LET’S TAKE THAT ONE AT A TIME IF WE

27 CAN. THREE HUMAN HAIRS; IS THAT CORRECT?

28 A. THAT’S CORRECT.
5966
1 Q. DID THEY APPEAR, IF YOU COULD TELL, TO BE HEAD

2 HAIRS OR NOT?

3 A. THEY DO APPEAR TO BE HEAD HAIRS.

4 Q. DID YOU LABEL AND PRESERVE THEM FOR LATER

5 EXAMINATION?

6 A. YES, I DID.

7 Q. DID YOU GIVE THEM A PARTICULAR NUMBER DESIGNATION?

8 A. YES, I DID.

9 Q. WHAT WAS THAT?

10 A. THE NUMBER I GAVE THEM WAS T. E.-T. D. 11.

11 Q. ALL RIGHT. JUST SO THAT WE CAN BREAK THIS DOWN, I

12 THINK THAT MAYBE A — THERE’S BEEN SOME MENTION OF T. E.-T. D.

13 NUMBERS. CAN YOU TELL US WHAT THAT DESIGNATION MEANS?

14 A. YES. WHENEVER I EXAMINE AN ITEM AND I WIND UP

15 CREATING ADDITIONAL EVIDENCE IN THE FORM TYPICALLY OF TAPE

16 LIFTS, OR I REMOVE EVIDENCE AND IT’S GOING TO BE SUBSEQUENTLY

17 ANALYZED BY MYSELF FOR SOMEONE ELSE, I TYPICALLY GIVE IT ANOTHER

18 NUMBER, AND THE NUMBER REFERS BACK TO T. E. BEING TRACE

19 EVIDENCE, AND IN THIS CASE T. D. ARE MY INITIALS. SO THEN THIS

20 WAY, IF SOMEONE ONLY NEEDS TO CHECK OUT THAT PARTICULAR EVIDENCE

21 ITEM, THEY CAN GO RIGHT TO THAT PARTICULAR ITEM INSTEAD OF

22 CHECKING OUT THE WHOLE THING ALL OVER AGAIN.

23 Q. SO, IN OTHER WORDS, WITH REGARD TO, LET’S USE THE

24 LINT SINCE THAT’S WHERE WE ARE, A PERSON THAT WANTED TO

25 RE-EXAMINE THAT ITEM, THAT IS, THE HAIRS THAT YOU FOUND IN THAT

26 ITEM, WOULDN’T HAVE TO GO BACK TO THE LINT EXHIBIT, THEY COULD

27 LOOK AT IT IN THE TRACE EVIDENCE EXHIBIT?

28 A. THAT’S CORRECT.
5967
1 Q. I BELIEVE YOU SAID THAT THESE APPEARED TO BE HEAD

2 HAIRS. COULD YOU TELL HEAD HAIRS FROM BODY HAIRS?

3 A. YES, YOU CAN.

4 Q. HOW?

5 A. TYPICALLY A HEAD HAIR WILL HAVE A CONSTANT DIAMETER

6 ALONG ITS LENGTH, AND IN GENERAL HEAD HAIRS ARE LONGER THAN MOST

7 OTHER BODY HAIRS, AND OTHER BODY HAIRS HAVE TAPERED TIPS

8 TYPICALLY AND OTHER FEATURES THAT WILL INDICATE WHICH AREA OF

9 THE BODY THAT THEY’RE FROM.

10 Q. NOW, THE THREE HEAD HAIRS IN ITEM 13, THE LINT,

11 WHERE WERE THEY FOUND BY YOU IN THE LINT?

12 A. TO EXAMINE THE LINT I HAD TO USE A STEREO

13 MICROSCOPE FOR LOW POWER MAGNIFICATION. THAT’S MAGNIFICATION UP

14 TO 60 TIMES. AND IN ORDER TO LOOK THROUGH THE LINT, I HAD TO

15 TAKE PIECES OF IT AND PUT IT UNDER THE MICROSCOPE AND TEASE IT

16 APART WITH FORCEPS, SO EVERYTHING THAT I FOUND INSIDE THE LINT I

17 FOUND BY TEASING IT APART, SO IT WAS ALL EMBEDDED INSIDE THE

18 LINT.

19 Q. YOU USED A COUPLE OF TERMS I DON’T THINK WE’VE

20 HEARD. “STEREO MICROSCOPE” I ASSUME DOESN’T HAVE ANYTHING TO DO

21 WITH MUSIC?

22 A. THAT’S CORRECT.

23 Q. WHAT IS IT?

24 A. A STEREO MICROSCOPE IS USED FOR LOW POWER

25 MAGNIFICATION, AS I JUST MENTIONED. IT ALSO HAS A LARGE WORKING

26 DISTANCE. IN OTHER WORDS, THE MICROSCOPE DOESN’T HAVE TO BE

27 RIGHT ON TOP OF THE ITEM. THIS ALLOWS FOR SEVERAL ITEMS TO BE

28 PLACED UNDER THERE AND YOU’RE ABLE TO SEE OR MANIPULATE IT WITH
5968
1 FORCEPS OR WHATEVER.

2 Q. YOU — ALSO I THINK YOU SAID YOU USED A

3 MAGNIFICATION OF 60, IS THAT RIGHT?

4 A. THAT’S CORRECT.

5 Q. WHAT DOES THAT MEAN?

6 A. THAT MEANS IT’S 60 TIMES ITS ACTUAL SIZE IS THE

7 MAGNIFICATION LIMIT FOR THAT MICROSCOPE.

8 Q. SO IF YOU WERE TO LOOK AT SOMETHING WITH YOUR NAKED

9 EYE, WHEN YOU USE A 60 TIMES MAGNIFICATION DOES THAT MEAN THE

10 ITEM AT LEAST THROUGH THE MICROSCOPE APPEARS TO BE 60 TIMES

11 LARGER THAN IT WOULD TO THE NAKED EYE?

12 A. YES, IT DOES.

13 Q. I THINK YOU ALSO SAID THAT IN THE LINT YOU FOUND

14 ANIMAL HAIRS; IS THAT CORRECT?

15 A. THAT’S CORRECT.

16 Q. HOW MANY?

17 A. I FOUND 18 ANIMAL HAIRS.

18 Q. WHAT DID THEY LOOK LIKE?

19 A. THESE PARTICULAR ANIMAL HAIRS WERE VERY SHORT,

20 ONE — APPROXIMATELY ONE CENTIMETER OR SHORTER, AND CENTIMETER’S

21 RIGHT AT A LITTLE BIT LESS THAN HALF AN INCH.

22 Q. IN YOUR INITIAL EXAMINATION DID YOU LOOK AT THEM

23 UNDER THE MICROSCOPE OR WERE YOU JUST COLLECTING THEM AT THIS

24 POINT?

25 A. AT THIS POINT I WAS JUST PICKING THEM OUT OF THE

26 LINT AND THEN ACTUALLY TRANSFER THEM TO A TAPE LIFT FOR LATER

27 ANALYSIS, MORE CAREFUL ANALYSIS SEPARATELY.

28 Q. DID THE 18 ANIMAL HAIRS APPEAR TO BE SIMILAR TO ONE
5969
1 ANOTHER?

2 A. YES, THEY DID.

3 Q. DID YOU PRESERVE THEM AND LABEL THEM?

4 A. YES, I DID.

5 Q. CAN YOU TELL US HOW YOU LABELED THEM?

6 A. I GAVE THOSE THE ITEM NUMBER T. E.-T. D. 12.

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

8 AN ITEM IDENTIFIED AS HAVING COME FROM THE MOTOR HOME, ITEM 60,

9 DESCRIBED AS CARPET AREA BELOW THE NIGHTSTAND DRAWERS ON THE

10 DRIVER’S SIDE.

11 DO YOU RECALL THAT ITEM?

12 A. YES, I DO.

13 Q. WHAT WAS YOUR ROLE WITH RESPECT TO YOUR FIRST

14 EXAMINATION OF THAT?

15 A. THIS ITEM WAS A TAPE LIFT COLLECTED BY THE FORENSIC

16 SPECIALIST KAREN LEALCALA, AND I INITIALLY JUST INSPECTED THE

17 TAPE LIFT AGAIN, LOOKING FOR ANYTHING THAT COULD BE FROM

18 DANIELLE VAN DAM’S ENVIRONMENT.

19 Q. DID YOU FIND ANYTHING THAT APPEARED AS THOUGH IT

20 MAY HAVE BEEN FROM DANIELLE’S ENVIRONMENT?

21 A. YES, I DID.

22 Q. WHAT?

23 A. A LIGHT COLORED CARPET FIBER.

24 Q. DID YOU LABEL AND PRESERVE THAT ITEM?

25 A. YES, I DID.

26 Q. INCLUDING THE LABEL NO. 60?

27 A. I ACTUALLY GAVE — THE CARPET FIBER ULTIMATELY

28 WOUND UP GETTING ANOTHER NUMBER AS WELL.
5970
1 Q. WHAT WAS THAT?

2 A. T. E.-T. D. 13.

3 Q. I’D LIKE TO NOW CALL YOUR ATTENTION TO AN ITEM NO.

4 74, DESCRIBED AS CARPET FROM THE MOTOR HOME, AND ASK IF YOU HAD

5 AN OPPORTUNITY TO EXAMINE THAT.

6 A. YES, I DID.

7 Q. WHAT WERE YOU ACTUALLY PRESENTED FOR EXAMINATION?

8 A. WELL, IN THE LABORATORY I EXAMINED A ROLL OF CARPET

9 THAT HAD BEEN — WHICH WAS ACTUALLY A SECTION THAT WAS REMOVED

10 FROM THE HALLWAY OF THE MOTOR HOME OF MR. WESTERFIELD.

11 Q. DID YOU EXAMINE THAT CARPET SECTION LABELED NO. 74?

12 A. YES, I DID.

13 Q. DID YOU FIND ANYTHING IN IT?

14 A. YES, I DID.

15 Q. WHAT?

16 A. I FOUND ONE BLOND HUMAN HAIR, TWO DOG HAIRS AND

17 THREE LIGHT COLORED CARPET FIBERS.

18 Q. CAN YOU TELL US WHERE THESE LOCATIONS WERE AS FAR

19 AS THE CARPET ITSELF? WHERE YOU FOUND THESE ITEMS, CAN YOU

20 DESCRIBE THAT?

21 A. WELL, I CAN’T — I CAN REFER BACK TO MY NOTES BUT

22 THE WAY THAT I EXAMINED THE CARPET IS, AGAIN I USED TAPE LIFTS

23 AND THIS WAS — I DON’T REMEMBER EXACTLY THE LENGTH OF THE

24 CARPET, BUT IT WAS FIVE OR SIX FEET LONG, SO I HAD TO USE A

25 NUMBER OF TAPE LIFTS. AND I STARTED AT ONE END, AND WHEN THE

26 TAPE LIFT WAS NO LONGER ADHESIVE I GOT ANOTHER TAPE LIFT, SO

27 THERE WAS A NUMBER OF TAPE LIFTS. I BELIEVE THERE WAS NINE, SO

28 I COULD ONLY GIVE YOU AN APPROXIMATE LOCATION RELATIVE TO WHICH
5971
1 TAPE LIFT IT WAS.

2 Q. SO YOU ACTUALLY TAPE LIFTED THE CARPET?

3 A. YES, I DID.

4 Q. THEN YOU PRESERVED THOSE PARTICULAR TAPE LIFTS FOR

5 LATER EXAMINATION?

6 A. YES, I DID.

7 Q. I’M SORRY, I BELIEVE YOU SAID THAT THERE WERE TWO

8 HAIRS THAT YOU OBTAINED, IS THAT RIGHT?

9 A. TWO DOG HAIRS.

10 Q. OKAY.

11 A. AND ONE HUMAN HAIR.

12 Q. YES. COULD YOU DESCRIBE, FIRST OF ALL, HOW YOU

13 LABELED AND PRESERVED THE TWO DOG HAIRS?

14 A. THE TWO DOG HAIRS WERE LABELED AS T. E.-T. D. 12.

15 Q. DID YOU FIND ANY HUMAN HEAD HAIRS IN YOUR

16 EXAMINATION OF THE CARPET NO. 74?

17 A. YES, I DID.

18 Q. DESCRIBE THEM.

19 A. IT WAS A BLOND — A BLOND HAIR.

20 Q. WAS IT ONE OR MORE HAIRS?

21 A. ONE.

22 Q. AND DID YOU LABEL AND PRESERVE THAT PARTICULAR

23 HAIR?

24 A. YES, I DID.

25 Q. DID YOU FIND ANY CARPET FIBERS FROM THIS CARPET

26 THAT WERE FOREIGN TO THAT CARPET ITSELF?

27 A. YES, I DID.

28 Q. WHAT DID YOU FIND?
5972
1 A. THREE LIGHT COLORED CARPET FIBERS.

2 Q. DID YOU LABEL AND PRESERVE THOSE CARPET FIBERS?

3 A. YES, I DID.

4 Q. AS WHAT PARTICULAR NUMBER?

5 A. THE CARPET FIBERS WERE LABELED AS T. E.-T. D. 13.

6 Q. JUST SO WE’RE CLEAR, AS FAR AS THESE CARPET FIBERS

7 ARE CONCERNED, DID YOU LATER RE-EXAMINE THOSE PARTICULAR ITEMS?

8 A. YES, I DID.

9 Q. WHAT ABOUT THE ANIMAL HAIRS, DID YOU LATER

10 RE-EXAMINE THEM?

11 A. YES, I DID.

12 Q. AND WHAT ABOUT THE HEAD HAIRS?

13 A. ALSO THE HEAD HAIR.

14 Q. HUMAN?

15 A. YES.

16 Q. NOW I’D LIKE TO CALL YOUR ATTENTION TO AN ITEM

17 DESCRIBED AS NO. 77 FROM THE MOTOR HOME BATHROOM SINK.

18 DID YOU EXAMINE THAT ITEM?

19 A. YES, I DID.

20 Q. WHAT, IF ANYTHING, DID YOU FIND?

21 A. I FOUND ONE HUMAN HAIR THAT WAS BLOND.

22 Q. DID IT APPEAR TO BE FROM YOUR INITIAL EXAMINATION

23 SIMILAR OR NOT TO THE PREVIOUS HUMAN HEAD HAIRS THAT YOU’VE JUST

24 DESCRIBED?

25 A. I FOUND IT TO BE SIMILAR TO THE PREVIOUS HAIRS.

26 Q. DID YOU LABEL AND PRESERVE THAT PARTICULAR HEAD

27 HAIR?

28 A. IT KEPT ITS ORIGINAL DESIGNATION AS ITEM 77.
5973
1 Q. NOW, IF I CAN DRAW YOUR ATTENTION, MS. DULANEY, TO

2 THE DATE THAT I BELIEVE YOU SAID YOU WERE INSIDE THE MOTOR HOME.

3 IS THAT FEBRUARY 6TH?

4 A. YES, IT IS.

5 Q. WHEN YOU WERE INSIDE THE MOTOR HOME DID YOU SEARCH

6 FOR ANY TRACE EVIDENCE AT THAT TIME?

7 A. YES, I DID.

8 Q. IN PARTICULAR, DID YOU OBTAIN ANY HAIRS IN THE

9 COURSE OF THAT SEARCH?

10 A. YES, I DID.

11 Q. HOW DID THAT PROCESS WORK?

12 A. I ARRIVED AT THE MOTOR HOME WITH ANOTHER

13 CRIMINALIST FROM OUR LABORATORY, ANNETTE PEER, AND WE WERE ASKED

14 TO LOOK THROUGH THE MOTOR HOME FOR TRACE EVIDENCE AND BIOLOGICAL

15 EVIDENCE. SO SHE STARTED AT ONE END AND I STARTED AT THE OTHER,

16 AND WE USED BRIGHT LIGHTS, HIGH INTENSITY LIGHTING, AND JUST

17 BASICALLY COMBED THE MOTOR HOME FROM ONE END TO THE OTHER WITH

18 BOTH OF US LOOKING AND THEN NOTING ANY TRACE EVIDENCE THAT WE

19 FOUND, AND THEN I LATER COLLECTED IT.

20 Q. DID YOU, IN FACT, COLLECT WHAT APPEARED TO BE HUMAN

21 HEAD HAIRS ON THAT OCCASION ON FEBRUARY 6TH FROM THE MOTOR HOME?

22 A. YES, I DID.

23 Q. HOW DID YOU PACKAGE AND PRESERVE ‘EM?

24 A. I PACKAGED THE HAIRS IN PAPER BINDLES AND THEN

25 SUBSEQUENTLY IN ENVELOPES AND THEN I GAVE THEM NUMBERS.

26 Q. IN PARTICULAR, WAS ONE OF THOSE HAIRS ULTIMATELY

27 LABELED ITEM 80D AS IN DAVID.

28 A. YES, IT WAS.
5974
1 Q. WHERE WAS THAT FROM?

2 A. THAT WAS FOUND ON THE BATH MAT THAT WAS LOCATED IN

3 THE BATHROOM OF THE MOTOR HOME.

4 Q. I’D LIKE TO SHOW YOU AN EXHIBIT THAT’S BEEN MARKED

5 51, A PHOTOBOARD, CONSISTS OF FIVE PHOTOGRAPHS. HAVE YOU HAD A

6 CHANCE TO LOOK AT THIS PHOTO BOARD EARLIER TODAY?

7 A. BRIEFLY.

8 Q. IF I CAN DRAW YOUR ATTENTION TO THE LAST TWO

9 PHOTOGRAPHS, “D’ AS IN DAVID AND “E” AS IN EDWARD. DO THOSE

10 PHOTOGRAPHS APPEAR FAMILIAR?

11 A. YES, THEY DO.

12 Q. WITH REGARD TO THE BATH MAT THAT YOU’VE

13 DESCRIBED — I’M SORRY — THAT 80D CAME FROM, IS THAT RIGHT?

14 A. YES.

15 Q. IS THAT BATH MAT SHOWN IN ONE OR BOTH OR EITHER OF

16 BOTH “D” AND “E”?

17 A. YES. YOU CAN SEE IT IN BOTH “D” AND “E”.

18 Q. COULD YOU JUST TAKE THE POINTER AND POINT IT OUT

19 FOR US, PLEASE?

20 A. YOU CAN SEE A LITTLE PIECE OF IT RIGHT THERE AND

21 THEN ANOTHER PART OF IT RIGHT HERE.

22 Q. ALL RIGHT.

23 MR. FELDMAN: YOUR HONOR, THE WITNESS TURNED HER BACK AND

24 I COULDN’T HEAR WHAT SHE SAID.

25 THE COURT: SHE’S POINTING TO AN AREA IN “D” AND “E”.

26 THE WITNESS: IN “D” THE CARPET IS RIGHT HERE.

27

28 ///
5975
1 BY MR. CLARKE:

2 Q. ARE YOU REFERRING IN PHOTOGRAPH “D” A LITTLE RIGHT

3 OF CENTER WHAT APPEARS TO BE A TOILET?

4 A. YES.

5 Q. I THINK YOU ALSO POINTED TO PHOTOGRAPH “E”?

6 A. IN PHOTOGRAPH “E” THE DARK MAT THAT’S NEAR THE

7 TOILET.

8 Q. AT THE EXTREME LOWER PORTION OF THAT PHOTOGRAPH

9 LEFT OF CENTER?

10 A. YES.

11 Q. IF I CAN DIRECT YOUR ATTENTION AGAIN BACK TO

12 PHOTOGRAPH “E” ON EXHIBIT 51, DO YOU SEE THE AREA TO THE RIGHT

13 OF THE TOILET, WHAT WOULD BE OUTSIDE THE BATHROOM?

14 A. YES, I DO.

15 Q. IS THAT COVERED BY ANYTHING?

16 A. YES. IT’S COVERED BY A BLUE TOWEL.

17 Q. WAS THAT THE WAY — OR WAS THAT TOWEL THERE WHEN

18 YOU BEGAN OR ENTERED — I SHOULD SAY WHEN YOU ENTERED THE MOTOR

19 HOME ON FEBRUARY 6TH?

20 A. YES, IT WAS. AND THERE WAS AN ADDITIONAL TOWEL

21 THAT DOESN’T SHOW IN THE PHOTO THAT WAS TOWARDS THE REAR, AND IT

22 WAS GREEN IN THAT SAME HALLWAY.

23 Q. IS THAT IN PHOTOGRAPH “E”, THAT TOWEL COVERING WHAT

24 WAS ULTIMATELY LABELED AS ITEM 74, THE CARPET THAT WAS REMOVED

25 FROM THE MOTOR HOME?

26 MR. FELDMAN: SORRY, YOUR HONOR. OBJECTION, VAGUE AS TO

27 WHICH TOWEL, THE GREEN ONE OR THE BLUE ONE.

28 THE COURT: BE SPECIFIC. SUSTAINED.
5976
1 BY MR. CLARKE:

2 Q. THE TOWEL DEPICTED IN PHOTOGRAPH “E” ON EXHIBIT 51,

3 IS THAT COVERING AN AREA OF ITEM 74, THE CARPET, THAT WAS

4 ULTIMATELY REMOVED?

5 A. YES, IT IS.

6 Q. DID THE OTHER TOWEL THAT YOU OBSERVED THERE NOT

7 SHOWN IN PHOTOGRAPH “E”, DID THAT ALSO COVER THE CARPET THAT WAS

8 LATER LABELED ITEM 74?

9 A. YES, IT DID.

10 Q. WHEN YOU CONDUCTED YOUR SEARCH OF THE MOTOR HOME

11 FOR TRACE EVIDENCE, WHAT DID YOU DO ABOUT THE TOWELS THAT WERE

12 THERE?

13 A. I COLLECTED THOSE TOWELS IN SEPARATE PACKAGES.

14 Q. BUT WHEN YOU ARRIVED YOU COULDN’T SEE UNDERNEATH

15 THE CARPET BECAUSE OF THE TOWELS, CORRECT?

16 A. THAT’S CORRECT.

17 Q. THE PARTICULAR HAIR THAT YOU OBTAINED FROM THE BATH

18 MAT AT 80D, WAS THAT GIVEN BY YOU TO KAREN LEALCALA FOR IMPOUND?

19 A. YES, IT WAS.

20 Q. DID YOU LATER EXAMINE THAT PARTICULAR HAIR THAT WAS

21 TAKEN FROM THE BATH MAT THAT WAS LABELED 80D?

22 A. YES, I DID.

23 Q. DID YOU PREPARE IT FOR SHIP — LET ME ASK IT

24 DIFFERENTLY.

25 WHEN YOU EXAMINED IT, WHAT DID YOU DO WHEN YOU

26 LOOKED AT IT BACK AT THE — WAS THAT BACK AT THE LABORATORY?

27 A. YES, IT WAS.

28 Q. WHAT DID YOU NOTE ABOUT IT?
5977
1 A. I NOTED ITS COLOR, ITS LENGTH, ITS CONTOUR, AND

2 THAT MEANS IF IT’S STRAIGHT OR CURLY, AND ANY — IF IT HAD COLOR

3 TREATMENT OR WHETHER IT HAD A ROOT, ANY TYPES OF PHYSICAL

4 CHARACTERISTICS THAT I NOTICED.

5 Q. DID YOU PACKAGE THAT ITEM AND PREPARE IT FOR

6 SHIPMENT TO THE FEDERAL BUREAU OF INVESTIGATION?

7 A. YES, I DID.

8 Q. WHY?

9 A. THE COMPARISON OF HAIRS IS NOT AN INDIVIDUALIZING

10 TECHNIQUE, BUT THE ADDITION OF D. N. A. ANALYSIS CAN POINT MORE

11 CLOSELY TO AN INDIVIDUAL. SO THE MICROSCOPIC COMPARISON OF

12 HAIRS IS TYPICALLY AUGMENTED WITH A D. N. A. ANALYSIS NOW.

13 Q. IS THAT WHY THAT PARTICULAR HAIR WAS PACKAGED AND

14 TO BE SENT TO THE F. B. I.?

15 A. YES, IT WAS.

16 Q. NOW, I’D LIKE TO CALL YOUR ATTENTION TO AN ITEM

17 DESCRIBED AS NO. 93, A COMFORTER IDENTIFIED AS HAVING BEEN

18 OBTAINED FROM A CLEANERS.

19 DO YOU RECALL THAT ITEM?

20 A. YES, I DO.

21 Q. DID YOU EXAMINE IT OR TAKE TAPE LIFTS FROM IT FOR

22 PURPOSES OF DETERMINING WHETHER OR NOT ANY TRACE EVIDENCE WAS

23 PRESENT?

24 A. I EXAMINED THE COMFORTER BUT ANOTHER ANALYST HAD

25 ALREADY COLLECTED TAPE LIFTS, AND I EXAMINED THOSE TAPE LIFTS.

26 Q. WHAT, IF ANYTHING, DID YOU DISCOVER ON THOSE TAPE

27 LIFTS?

28 A. I FOUND ONE DOG HAIR ON EACH ONE OF THE TAPE LIFTS.
5978
1 Q. HOW WERE THE TAPE LIFTS LABELED?

2 A. THEY WERE LABELED 93A AND 93B.

3 Q. AND YOU SAW ONE — I’M SORRY — DOG HAIR ON EACH OF

4 THEM?

5 A. THAT’S CORRECT.

6 Q. WHAT DID YOU DO WITH RESPECT TO THOSE DOG HAIRS?

7 A. I REMOVED THE DOG HAIRS AND REPACKAGED THEM.

8 Q. AS WHAT?

9 A. ITEM T. E.-T. D. 15.

10 Q. DID YOU ALSO HAVE AN OPPORTUNITY TO EXAMINE THE

11 ACTUAL BATH MAT — I THINK YOU SAID THAT WAS ITEM NO. 155 —

12 FROM THE MOTOR HOME; IS THAT CORRECT?

13 A. THAT’S CORRECT.

14 Q. IS THAT AT A TIME DIFFERENT FROM WHEN YOU COLLECTED

15 THE HAIR LATER LABELED AS 80D?

16 A. YES.

17 Q. WHAT, IF ANYTHING, DID YOU FIND ON THE BATH MAT,

18 NO. 155, FROM THE MOTOR HOME?

19 A. I FOUND ONE LIGHT COLORED CARPET FIBER AND ONE DOG

20 HAIR.

21 Q. LET’S START WITH THE CARPET FIBER.

22 DID IT APPEAR TO BE FOREIGN TO THE BATH MAT?

23 A. YES, IT DID.

24 Q. DID IT APPEAR TO BE FOREIGN TO THE MOTOR HOME

25 CARPET?

26 A. YES, IT DID.

27 Q. DID YOU COLLECT THAT FIBER AND PRESERVE IT?

28 A. YES, I DID.
5979
1 Q. INCLUDING ITS NUMBER 155 OR DID YOU ASSIGN A NUMBER

2 TO IT?

3 A. IT ACTUALLY WAS ASSIGNED T. E.-T. D. 13.

4 Q. YOU ALSO DESCRIBED ANOTHER ANIMAL HAIR; IS THAT

5 CORRECT?

6 A. THAT’S CORRECT.

7 Q. DID IT APPEAR TO BE A DOG HAIR?

8 A. YES, IT DID.

9 Q. DID YOU LABEL AND PRESERVE THAT DOG HAIR?

10 A. YES, I DID.

11 Q. NOW, I’D LIKE TO ASK YOU ABOUT THE COMPARISONS THAT

12 YOU MADE IN THIS CASE. WERE THOSE DONE AFTER THESE VARIOUS

13 ITEMS WERE COLLECTED BY YOU?

14 A. YES.

15 Q. AND IN PARTICULAR HUMAN HAIRS, DID YOU CONDUCT A

16 FULL COMPARISON OF THE HUMAN HAIRS IN THIS CASE?

17 A. IN GENERAL, NO, I DID NOT.

18 Q. WHAT’S A FULL COMPARISON, JUST SO WE’RE CLEAR?

19 A. A FULL COMPARISON WOULD BE NOTING ALL THE PHYSICAL

20 ATTRIBUTES THE HAIR HAS THAT WE CAN ALL SEE WITH EITHER OUR OWN

21 EYES OR LOW POWERED MAGNIFICATION. AND THEN YOU WOULD ALSO

22 INCLUDE THE MICROSCOPIC EXAMINATION OF THE CHARACTERISTICS THAT

23 YOU CAN SEE IN THE HAIR UNDER HIGH POWER MAGNIFICATION.

24 Q. DID YOU DO THAT IN THIS CASE?

25 A. NO.

26 Q. WHY NOT?

27 A. BECAUSE WE WANTED TO GET THROUGH AS MUCH EVIDENCE

28 AS WE COULD. WE FELT THAT THE SCREENING FOR THE PHYSICAL
5980
1 CHARACTERISTICS WOULD BE SUFFICIENT TO HELP US FIGURE OUT WHICH

2 HAIRS TO SEND OFF FOR D. N. A. ANALYSIS, AND SO THAT’S WHAT WAS

3 DONE IN THIS CASE.

4 WE WERE SCREENING THE HAIRS TO SEE IF THEY WERE

5 SIMILAR IN PHYSICAL CHARACTERISTICS TO DANIELLE VAN DAM’S HAIR.

6 THOSE HAIRS WERE SET ASIDE AND SENT OUT FOR D. N. A. ANALYSIS.

7 Q. I BELIEVE YOU SAID EARLIER THAT VISUALLY LOOK AT

8 HAIRS, WHETHER UNDER A MICROSCOPE OR NOT, IS NOT

9 INDIVIDUALIZING. IS THAT WHAT YOU SAID?

10 A. YES.

11 Q. WHAT DOES THAT MEAN?

12 A. THAT MEANS THAT TWO OR MORE PEOPLE CAN HAVE HAIR

13 THAT YOU CAN’T DISTINGUISH BASED ON THE MICROSCOPIC EXAMINATION

14 OF THE HAIR.

15 Q. HOW DOES D. N. A. PLAY A ROLE IN THAT?

16 A. D. N. A. CAN PLAY A ROLE IN THAT IF IT CAN BE

17 ANALYZED EITHER WITH NUCLEAR D. N. A. IF THERE HAPPENS TO BE

18 CELLS ATTACHED TO THE HAIR FROM THE ROOT AREA, OR THEY CAN ALSO

19 USE MITOCHONDRIAL D. N. A. IF NO ROOT OR ROOT SHEATH MATERIAL IS

20 AVAILABLE.

21 Q. DOES D. N. A. PRESENT A BETTER WAY TO TELL APART

22 SIMILAR HAIRS?

23 A. IN MANY CASES D. N. A. CAN INDIVIDUALIZE OR NEARLY

24 INDIVIDUALIZE THAT HAIR TO A PARTICULAR PERSON AS OPPOSED TO A

25 GROUP OF PEOPLE.

26 Q. WHEN YOU WERE CONDUCTING YOUR HAIR COMPARISON IN

27 THIS CASE WHAT WERE YOU LOOKING FOR?

28 A. I WAS LOOKING FOR CHARACTERISTICS IN THE HAIR THAT
5981
1 WERE SIMILAR TO DANIELLE VAN DAM’S HAIR. IN OTHER WORDS, BLOND

2 HAIRS, POSSIBLY LONG HAIRS, HAIRS THAT HADN’T BEEN COLORED

3 TREATED, HAIRS THAT MAY HAVE BEEN CUT RECENTLY AND THOSE TYPES

4 OF PHYSICAL CHARACTERISTICS.

5 Q. WHEN YOU FOUND SUCH HAIRS WHAT DID YOU DO WITH

6 THEM?

7 A. THOSE HAIRS WERE PACKAGED UP AND THEN THEY WERE

8 SENT OUT TO VARIOUS LABORATORIES FOR D. N. A. ANALYSIS.

9 Q. ALL RIGHT.

10 YOUR HONOR, I BELIEVE I HAD A BOARD PREVIOUSLY

11 MARKED FOR IDENTIFICATION WHAT’S BEEN LABELED 126, CAN BE

12 DESCRIBED AT THE TOP AS “DANIELLE’S HEAD HAIRS,” I’VE

13 PREVIOUSLY SHOWN TO COUNSEL.

14

15 (MARKED FOR ID: = TRIAL EX. 126, DANIELLE HEAD HAIRS)

16

17 BY MR. CLARKE:

18 Q. MS. DULANEY, IF I CAN REFER YOU TO WHAT’S BEEN

19 MARKED 126. WHAT IS THIS?

20 A. THIS IS A CHART SUMMARIZING THE RESULTS OF THE

21 HAIRS THAT I FOUND ON VARIOUS ITEMS THAT HAD SIMILAR

22 CHARACTERISTICS TO DANIELLE VAN DAM’S HAIR.

23 Q. DOES THIS CHART INCLUDE HAIRS THAT WERE SENT FOR

24 MITOCHONDRIAL DNA TESTING, AT LEAST IN TERMS OF THE EVIDENCE

25 HAIRS?

26 A. YES.

27 Q. DID YOU FORWARD MORE HAIRS THAN ARE REFLECTED ON

28 THIS CHART FOR MITOCHONDRIAL DNA TESTING?
5982
1 A. YES.

2 Q. WHAT DOES THIS CHART THEN SUMMARIZE AMONGST ALL OF

3 THE HAIRS THAT YOU DID FORWARD FOR DNA TESTING?

4 IS THAT QUESTION CLEAR?

5 A. NO.

6 Q. ALL RIGHT. THIS BOARD DOESN’T SHOW ALL OF THE

7 HAIRS THAT YOU BOTH EXAMINED AND HAD SENT FOR DNA TESTING,

8 CORRECT?

9 A. THAT’S CORRECT.

10 Q. IS THIS THEN A SMALLER SET OF THOSE HAIRS THAT WERE

11 SENT FOR TESTING?

12 A. YES, IT IS.

13 Q. OKAY.

14 WHAT DOES THIS GROUP REPRESENT THEN? THAT’S WHAT

15 I’M TRYING TO ASK.

16 A. WELL, THIS GROUP REPRESENTS THE HAIRS THAT ARE

17 SIMILAR BOTH IN THE PHYSICAL CHARACTERISTICS THAT I LOOKED AT

18 AND THEN SUBSEQUENTLY IN OTHER TESTS PERFORMED BY THE OTHER

19 LABORATORIES.

20 Q. THAT OBTAINED MITOCHONDRIAL D. N. A. RESULTS,

21 CORRECT?

22 A. AND/OR NUCLEAR D. N. A.

23 Q. AND I’D LIKE TO REFER YOU, AND IF YOU COULD

24 DESCRIBE, THE CHART FOR US WITH THE POINTER ON THE LEFT. WE

25 HAVE A COLUMN LABELED “ITEM,” IS THAT RIGHT?

26 A. YES.

27 Q. DOES THAT REFLECT THEN FROM TOP TO BOTTOM THE

28 VARIOUS ITEM NUMBERS FOR PIECES OF EVIDENCE IN THIS CASE THAT
5983
1 YOU EXAMINED HAIR IN?

2 A. YES.

3 Q. AND THE NEXT ITEM IS “LOCATION” COLUMN.

4 DOES THAT REFLECT DESCRIPTIONS OF WHERE THESE HAIRS

5 CAME FROM?

6 A. YES.

7 Q. NEXT COLUMN IS LABELED “NUMBER OF HAIRS,” IS THAT

8 RIGHT?

9 A. THAT’S CORRECT.

10 Q. AND DOES THAT REFLECT, I ASSUME, THE NUMBER OF

11 HAIRS FROM EACH OF THOSE LOCATIONS THAT WERE OBTAINED BY YOU?

12 A. THAT’S CORRECT.

13 Q. NOW, OFF TO THE RIGHT OF NUMBER OF HAIRS IS A BROAD

14 DESCRIPTION “HAIR DESCRIPTION,” IS THAT RIGHT?

15 A. YES.

16 Q. TELL US ABOUT WHAT EACH OF THOSE CATEGORIES ARE AND

17 WHAT THEY MEAN.

18 A. THE FIRST COLUMN THAT YOU’LL SEE IS THE COLOR, AND

19 THIS AGAIN IS JUST THE COLOR THAT WE’RE ALL GOING TO SEE IN

20 REFLECTIVE LIGHTING. IT MAY BE SOMEWHAT SUBJECTIVE, BUT IT’S MY

21 SUBJECTIVE. IT’S THE COLOR THAT I USED TO DESCRIBE THE HAIR.

22 SO THAT’S THIS CHART HERE, AND THEY’RE THE BASIC COLORS RANGE

23 FROM BLOND TO LIGHT BROWN AND BLOND.

24 Q. ALL RIGHT. IF YOU WOULD DESCRIBE THE NEXT COLUMN

25 TO THE RIGHT OF COLOR?

26 A. THE NEXT COLUMN IS THE “ROOT.” WHAT I MEANT THERE

27 IS DID IT HAVE ONE OR DIDN’T. IF IT DIDN’T HAVE A ROOT, THEN IT

28 COULDN’T BE SENT OUT FOR NUCLEAR D. N. A. SO THEN MOST LIKELY
5984
1 IT GOT SENT OUT FOR MITOCHONDRIAL D. N. A.

2 Q. WHAT ABOUT LENGTH?

3 A. THE FIRST COLUMN IS THE LENGTH IN CENTIMETERS.

4 THAT’S TYPICALLY WHAT I’LL USE TO MEASURE THE HAIRS WHEN I DO IT

5 IN THE LABORATORY, AND THEN THE FOLLOWING COLUMN IS THE

6 CONVERSION OF THE LENGTH TO INCHES.

7 Q. JUST SO WE’RE CLEAR, UNDER LENGTH AND CENTIMETERS

8 ALL THE NUMBERS ARE EITHER — LOOKS LIKE ALL, BUT AMONG A COUPLE

9 OF THEM ARE EVEN NUMBERS, IS THAT RIGHT, AS OPPOSED TO FRACTIONS

10 OR DECIMALS, I GUESS WOULD BE THE CORRECT TERM?

11 A. YES.

12 Q. DOES THAT REFLECT THE PRECISION WITH WHICH YOU’RE

13 ABLE TO MEASURE A PARTICULAR HAIR?

14 A. YES. IT BASICALLY HAS TO DO WITH THE RULER THAT

15 I’M USING, AND I COULD ESTIMATE IN BETWEEN THE MILLIMETERS BUT I

16 JUST ROUND OFF TO LIKE .5 WOULD BE 5 MILLIMETERS, SO I JUST

17 ROUND OFF TO THE .5.

18 Q. NOW, THE FINAL COLUMN LABELED “LENGTH IN INCHES,”

19 THAT APPEARS NOT ONLY TO HAVE DECIMALS BUT PRETTY PRECISE

20 NUMBERS, IS THAT RIGHT?

21 A. YES.

22 Q. WHY IS THAT?

23 A. THIS IS, WHOEVER DID THIS CALCULATION JUST PUT

24 THOSE DECIMALS THERE. IT’S WHATEVER CAME OUT ON THE CALCULATOR,

25 I ASSUME.

26 Q. IS THAT BY TAKING THE LENGTH IN INCHES AND DIVIDING

27 IT BY WHATEVER NUMBER YOU USE TO CONVERT INCHES TO CENTIMETERS?

28 A. YES, IT IS.
5985
1 Q. BUT YOUR MEASUREMENTS DON’T PRETEND TO BE AS

2 PRECISE, FOR EXAMPLE, AS 7.87 INCHES, DO THEY?

3 A. NO.

4 Q. NOW, AT THE BOTTOM OF THIS CHART, 126, IT LOOKS

5 LIKE THERE’S WRITTEN IN IN INK AN ADDITIONAL ITEM, IS THAT

6 RIGHT?

7 A. YES.

8 Q. WHY IS THAT?

9 A. SOMEHOW THAT ITEM GOT LEFT OFF WHEN THE CHART WAS

10 CREATED.

11 Q. OKAY. NOW, FIRST OF ALL, WITH REGARD — I

12 SHOULDN’T SAY FIRST.

13 WHAT IS THE LONGEST LENGTH HAIR THAT YOU OBSERVED

14 THAT ULTIMATELY D. N. A. TESTING WAS PERFORMED ON AS REFLECTED

15 IN THIS CHART 126?

16 A. IT WOULD BE 22 CENTIMETERS.

17 Q. AND THAT CONVERTS TO APPROXIMATELY WHAT LENGTH IN

18 INCHES?

19 A. 8.66 INCHES.

20 Q. NOW, IS THAT THE LONGEST HAIR FOUND AMONGST THE

21 EVIDENCE HAIRS ON THIS PARTICULAR CHART?

22 A. YES, IT IS.

23 Q. AT THE BOTTOM IS AN ITEM LABELED 102, “PULLED HEAD

24 HAIRS FROM DANIELLE.” LOOKING AT THE LENGTH, IT LOOKS LIKE

25 THREE TO 21 AND A HALF CENTIMETERS; IS THAT CORRECT?

26 A. THAT’S CORRECT.

27 Q. WHAT DOES THAT MEAN?

28 A. WHEN I EXAMINED DANIELLE’S HAIR, AS YOU CAN
5986
1 IMAGINE, THERE’S A LARGE NUMBER OF HAIRS, ABOUT 50 OR SO, AND

2 WHAT I DO IS COME UP WITH A RANGE OF LENGTHS AS I SEPARATE THE

3 HAIRS AND TRY TO SELECT A REPRESENTATIVE SAMPLE OF ALL THE HAIRS

4 THAT ARE THERE. SOME OF THE LONGEST AND SOME OF THE SHORTEST

5 AND LONGEST, AND THEN I MEASURE JUST THOSE HAIRS RATHER THAN

6 MEASURING ALL OR HOWEVER MANY THERE ARE.

7 Q. THESE ITEMS, 102, WERE THOSE TAKEN FROM THE

8 AUTOPSY?

9 A. YES, THEY WERE.

10 Q. WITH REGARD TO THE LENGTH, WE SEE A HAIR AS SHORT

11 AS THREE CENTIMETERS, IS THAT RIGHT?

12 A. YES.

13 Q. DOES THE LENGTH OF HAIRS ON OUR HEAD VARY?

14 A. YES, IT DOES.

15 Q. HOW’S THAT?

16 A. DEPENDING ON YOUR HAIRCUT, AND MOST PEOPLE ARE

17 GOING TO HAVE, YOU KNOW, A LOT OF FINE SHORTER HAIRS NEAR THEIR

18 TEMPLES AND TIPS ON THE NAPE OF THE NECK, AND THEN BASED ON YOUR

19 HAIRCUT, YOU MAY HAVE LAYERED HAIR, WHICH COULD CAUSE YOU TO

20 HAVE ALL DIFFERENT LENGTHS OF HAIR. EVEN IF YOU JUST HAVE LONG

21 HAIR, YOU MAY HAVE BANGS WHICH WOULD BE SHORTER THAN THE REST OF

22 YOUR HAIR. THEN YOU ALSO HAVE BROKEN HAIR THAT COULD BE FROM

23 COMBING YOUR HAIR AND HAVING IT BREAK.

24 Q. IN YOUR EXAMINATION OF EACH OF THE HAIRS THAT

25 YOU’VE DESCRIBED, WHETHER FROM THE INITIAL COLLECTION OF THAT

26 EVIDENCE OR ULTIMATELY COMPARISONS YOU MADE LATER IN THE

27 LABORATORY, WERE ANY OF THEM CHEMICALLY TREATED?

28 A. NO.
5987
1 Q. MITOCHONDRIAL D. N. A. TESTING THEN CAN BE

2 PERFORMED ON THESE HAIRS, CORRECT?

3 A. THAT’S CORRECT.

4 Q. THE JURY HAS PREVIOUSLY HEARD TESTIMONY ABOUT ONE

5 OF THESE ITEMS, 80D, IN TERMS OF MITOCHONDRIAL D. N. A. TESTING.

6 IS 80D ON EXHIBIT 126 ONE OF THE HAIRS YOU FOUND TO

7 BE CONSISTENT VISUALLY WITH DANIELLE VAN DAM?

8 A. YES.

9 Q. NOW, I’D LIKE TO ASK YOU A FEW QUESTIONS ABOUT

10 PREPARING EVIDENCE FOR SHIPMENT TO OTHER LABORATORIES OTHER THAN

11 THE F. B. I., ALL RIGHT?

12 A. OKAY.

13 Q. DID YOU PREPARE A SHIFT TO BODE TECHNOLOGY

14 CONSISTING OF HAIRS?

15 A. YES, I DID.

16 Q. WHEN DID YOU PREPARE THAT?

17 A. I THINK IT WAS ABOUT APRIL 12TH.

18 Q. DID THAT INCLUDE THE THREE HAIRS FROM THE LINT YOU

19 DESCRIBED FROM ITEM NO. 13A?

20 A. YES, IT DID.

21 Q. DID THAT INCLUDE ONE OR MORE HAIRS FROM A PILLOW

22 FOUND IN THE MOTOR HOME ITEM NO. 53E?

23 A. YES, IT DID.

24 Q. DID IT INCLUDE HAIRS FOUND IN ITEM NO. 58 FROM THE

25 R. V. CARPET IN THE BEDROOM PORTION?

26 A. YES, IT DID.

27 Q. DID IT INCLUDE A HAIR FROM THAT SAME BEDROOM

28 PORTION OF THE R. V. CARPET ITEM NO. 59?
5988
1 A. YES, IT DID.

2 Q. DID IT INCLUDE HAIRS FROM THE SHOWER DRAIN, ITEM

3 NO. 67?

4 A. YES, IT DID.

5 Q. DID IT INCLUDE THE HAIRS YOU DESCRIBED A LITTLE

6 EARLIER TODAY FROM THE CARPET ITEM NO. 74?

7 A. YES, IT DID.

8 Q. AND LASTLY, DID IT INCLUDE ONE OR MORE HAIRS FROM

9 THE BATHROOM SINK OF THE R. V. ITEM NO. 77?

10 A. YES IT DID.

11 Q. DID YOU ALSO SEND ADDITIONAL EVIDENCE TO BODE

12 TECHNOLOGY EARLY MAY?

13 A. I DIDN’T SPECIFICALLY SEND IT MYSELF BUT I KNOW

14 THAT IT WAS SENT.

15 Q. DID YOU PARTICIPATE IN ITS PREPARATION?

16 A. YES.

17 Q. DID THAT PREPARATION INCLUDE HAIRS FROM ITEM NO. 5,

18 THE WASHING MACHINE BEDDING?

19 A. YES.

20 Q. ITEM NO. 6X, A HAIR FROM CLOTHES ON TOP OF THE

21 DRYER?

22 A. YES.

23 Q. DID IT INCLUDE ITEM NO. 7I-H, HAIR FROM THE BOXER

24 SHORTS INSIDE THE DRYER?

25 A. YES, IT DID.

26 Q. AND DID IT INCLUDE A SERIES OF SIX HAIRS FROM ITEM

27 NO. 9?

28 A. YES, IT DID.
5989
1 Q. THAT WOULD BE BEDDING FROM THE MASTER BEDROOM BED

2 IN MR. WESTERFIELD’S HOME; IS THAT CORRECT?

3 A. THAT’S CORRECT.

4 Q. ARE THOSE SIX HAIRS FROM ITEM 9 LISTED HERE ON

5 EXHIBIT 126?

6 A. YES, THEY ARE.

7 Q. STARTING WITH 9A-H?

8 A. YES.

9 Q. AND THROUGH THE OTHER FIVE PARTICULAR HAIRS THAT

10 ARE DESCRIBED FROM ITEM NUMBER 89?

11 A. YES.

12 Q. INCLUDING WHAT’S WRITTEN IN IN INK AT THE VERY

13 BOTTOM?

14 A. YES, INCLUDING THE BOTTOM.

15 Q. NOW, MS. DULANEY, IF I CAN, I’D LIKE TO ASK YOU

16 FURTHER QUESTIONS ABOUT FIBERS. YOU DESCRIBED COLLECTING FIBERS

17 FROM VARIOUS LOCATIONS, IS THAT RIGHT?

18 A. THAT’S CORRECT.

19 Q. THAT INCLUDED FROM THE MOTOR HOME CARPET BY THE

20 DRIVER’S NIGHTSTAND, ITEM NO. 60, IS THAT RIGHT?

21 A. THAT’S CORRECT.

22 Q. AND IT INCLUDED FIBERS FROM THE R. V. HALLWAY

23 CARPET, ITEM NO. 94?

24 A. YES.

25 Q. AS WELL AS FIBERS FROM THE BATH MAT IN THE MOTOR

26 HOME, ITEM 155?

27 A. YES.

28 Q. DID YOU COMPARE THOSE TO KNOWN FIBERS TAKEN FROM
5990
1 THE BEDROOM CARPET OF DANIELLE VAN DAM?

2 A. YES, I DID.

3 Q. WHAT ITEM NUMBER WAS THAT, DO YOU RECALL?

4 A. THAT WOULD BE ITEM NUMBER 39.

5 Q. WHAT DID YOU DO TO MAKE THIS COMPARISON? DESCRIBE

6 THAT FOR US.

7 A. EACH OF THE FIBERS WAS MOUNTED ON A MICROSCOPE SITE

8 ON A MOUNTING MEDIA THAT ALLOWS ME TO SEE THROUGH THE FIBER AND

9 SEE ALL THE CHARACTERISTICS WITHIN THE FIBER. SO I NOTED ALL

10 THOSE CHARACTERISTICS USING A HIGH-POWERED MICROSCOPE, AND THEN

11 I SUBSEQUENTLY ANALYZED THE CHEMICAL PORTION OF THE FIBER WITH

12 AN INFRARED SPECTROMETER TO DETERMINE WHAT CHEMICAL MADE UP THE

13 FIBER, AND THEN I USED A COMPARISON MICROSCOPE AND COMPARED IT

14 WITH KNOWN FIBERS FROM DANIELLE’S CARPET TO THE FIBERS IN

15 QUESTION IN THE ITEMS THAT I LOOKED AT.

16 Q. SO YOU START BY LOOKING AT THE FIBERS UNDER A

17 MICROSCOPE?

18 A. YES.

19 Q. WHAT ARE YOU LOOKING FOR GENERALLY?

20 A. GENERALLY YOU’RE LOOKING AGAIN FOR THE COLOR AND

21 THE CROSS-SECTIONS. SO, PHYSICAL PROPERTIES OF THE FIBER, YOU

22 KNOW, THE COLOR, THE CROSS-SECTION, ANY INCLUSIONS THAT MIGHT BE

23 IN THE FIBER, AND ALSO ANY OPTICAL PROPERTIES, CAN YOU SEE THE

24 OPTICAL PROPERTIES WHEN YOU CHANGE THE LIGHTING IN THE

25 MICROSCOPE. THE OPTICAL PROPERTIES ARE SUBJECT TO DIFFERENT

26 KINDS OF FIBERS AND THEY SET THEM OUT.

27 Q. YOU SAID YOU USED AN INFRARED DEVICE?

28 A. YES.
5991
1 Q. WHAT DOES THAT DO?

2 A. THAT INSTRUMENT IS ABLE TO GIVE YOU THE CHEMICAL

3 MAKEUP OF THE FIBER, AND IT HAS TO DO WITH THE CHEMICALS THAT

4 ARE USED TO MAKE THE FIBER. AND WHEN YOU GET THE PRINTOUT FOR

5 THIS INSTRUMENT, IT’S CONSIDERED TO BE THE FINGERPRINT FOR THAT

6 CHEMICAL.

7 Q. BY “FINGERPRINT” WHAT DO YOU MEAN?

8 A. THAT IT IS IDENTIFYING THAT CHEMICAL AS WHATEVER IT

9 IS. SAY, FOR EXAMPLE, IF YOUR FIBER IS POLYESTER, THEN THE

10 PRINTOUT FROM THE INFRARED SPECTROMETER IS GOING TO TELL YOU

11 THAT THAT IS POLYESTER OR NYLON OR WHATEVER THE FIBER TYPE IS.

12 Q. THEN LASTLY, I THINK YOU SAID YOU DO A COMPARISON

13 OF THE UNKNOWN OR EVIDENCE FIBERS TO THE KNOWN FIBER UNDER

14 MICROSCOPE.

15 A. RIGHT. AND THEY’RE SIDE BY SIDE.

16 Q. WHY DO YOU DO THAT?

17 A. SO THAT YOU CAN LOOK AT THE FIBERS ALONG THE

18 LENGTH. AND WHEN YOU’RE SEEING THEM BOTH AT THE SAME TIME, YOU

19 CAN MAKE A BETTER DETERMINATION REGARDING THE COLOR AND THE

20 DIAMETER WHEN YOU’RE SEEING THEM RIGHT NEXT TO EACH OTHER.

21 Q. AFTER THAT TESTING DID YOU REACH ANY CONCLUSIONS

22 ABOUT WHETHER OR NOT THOSE FIBERS FROM THOSE THREE DIFFERENT

23 LOCATIONS THAT I’VE LISTED FOR YOU WERE CONSISTENT OR

24 INCONSISTENT FROM THE CARPET OF THE MOTOR HOME WITH DANIELLE VAN

25 DAM.

26 A. YES, IT DID.

27 Q. WHAT WAS THAT?

28 A. I FELT ALL THESE FIBERS WERE CONSISTENT WITH THE
5992
1 CARPET FIBERS FROM DANIELLE VAN DAM’S BEDROOM.

2 Q. DID YOU TAKE ANY FURTHER STEPS WITH REGARD TO THE

3 EXAMINATION OF THESE FIBERS?

4 A. YES, I DID.

5 Q. WHAT?

6 A. I TOOK THOSE FIBERS TO ANOTHER LABORATORY IN

7 SACRAMENTO THAT HAS ADDITIONAL INSTRUMENTATION TO DO FURTHER

8 TESTING.

9 Q. IS THERE A NAME FOR THAT INSTRUMENT?

10 A. THE INSTRUMENT I USED THERE IS CALLED THE

11 MICROSPECTROPHOTOMETER.

12 Q. WHAT’S THAT?

13 A. THAT’S A SPECTROPHOTOMETER WITH A MICROSCOPE

14 ATTACHED, AND THE SPECTROPHOTOMETER IS ABLE TO GIVE US

15 INFORMATION ABOUT THE COLORED COMPONENTS IN THE FIBER, AND THEN

16 PROVIDES A PRINTOUT SO THAT YOU CAN SEE IT WHERE THE ABSORPTION

17 OF THE COLOR IS THE SAME AS WHAT YOUR EYE IS SEEING. BUT THIS

18 PROVIDES A PRINTOUT AND AN INSTRUMENTAL COMPARISON OF THOSE

19 COLORS.

20 Q. DO YOU HAVE ONE OF THESE INSTRUMENTS AT THE SAN

21 DIEGO POLICE DEPARTMENT?

22 A. WE DO NOT.

23 Q. DID YOU MEET WITH A PARTICULAR INDIVIDUAL IN

24 SACRAMENTO TO CONDUCT THIS ADDITIONAL TEST?

25 A. YES, I DID.

26 Q. WHO WAS THAT?

27 A. SHE’S CRIMINALIST FAYE SPRINGER WITH THE SAN DIEGO

28 COUNTY CRIME LAB.
5993
1 Q. AND THEN YOU CONDUCTED THIS TEST OR THIS

2 EXAMINATION USING, I’M SORRY, A MICROSPECTROPHOTOMETER?

3 A. YES.

4 Q. I’VE BEEN PRACTICING THAT.

5 Q. WITH WHAT RESULTS?

6 A. WE FOUND THAT THESE FIBERS ALL HAVE THE SAME

7 BASICALLY COLOR MEASURED WITH THE MICROSPECTROPHOTOMETER THAT

8 DANIELLE’S BEDROOM CARPET HAD.

9 Q. WHAT OR HOW DID THAT AFFECT AT ALL YOUR EARLIER

10 CONCLUSIONS ABOUT WHETHER OR NOT THOSE FIBERS COULD HAVE COME

11 FROM THE CARPET IN THE VAN DAM HOUSE?

12 A. THIS JUST STRENGTHENS THE COMPARISON.

13 MR. CLARKE: YOUR HONOR, I’VE HAD MARKED AN ADDITIONAL

14 BOARD. I BELIEVE THAT WILL BE EXHIBIT 127 —

15 THE COURT: ALL RIGHT.

16 (MARKED FOR ID: = TRIAL EX. 127 – TRACE FIBERS )

17 MR. CLARKE: — WHICH IS LABELED AT THE TOP “DANIELLE VAN

18 DAM TRACE FIBERS.”

19 Q. MS. DULANEY, IF I CAN SHOW YOU THIS BOARD MARKED

20 EXHIBIT 127, WHAT IS IT?

21 A. THIS IS A CHART SUMMARIZING THE RESULTS OF THE

22 FIBER COMPARISON.

23 Q. CAN YOU LEAD US THROUGH THIS CHART, IF YOU WOULD,

24 PLEASE?

25 A. THE COLUMN ON THE LEFT AGAIN IS THE ITEM THAT THE

26 FIBER CAME FROM.

27 Q. DO YOU HAVE THE POINTER THERE?

28 A. YES?
5994
1 A. SO AGAIN, THIS IS THE ITEM COLUMN, SO ITEM 74 AGAIN

2 IS THAT HALLWAY CARPET FROM THE MOTOR HOME. I FOUND THREE

3 FIBERS. THEY WERE TAN COLORED.

4 THE CROSS-SECTION, THAT WOULD BE LOOKING DOWN THE

5 END OF THE FIBER, AND I ACTUALLY CUT THESE SO I COULD LOOK DOWN

6 THE END OF IT. IT’S TRILOBAL SO IT HAS THREE LOBES.

7 Q. LOBES MEANING WHAT?

8 A. IT’S LIKE THREE ARMS. LIKE IF YOU PUT YOUR FINGERS

9 TOGETHER, WE HAVE THREE ARMS.

10 Q. TO YOUR KNOWLEDGE, DO WE HAVE PHOTOGRAPHS THAT

11 DEMONSTRATE THAT DIFFERENCE?

12 A. YES, WE DO.

13 Q. ALL RIGHT. GO AHEAD.

14 A. AND THEN THIS IS THE DIAMETER THAT I MENTIONED

15 UNDER THE MICROSCOPE, AND THIS IS IN MICROMETERS.

16 IN MICROMETER, JUST TO GIVE YOU AN IDEA, YOUR

17 HAIR’S ABOUT ONE HUNDRED MICROMETERS WIDE. SO 35 MICROMETERS

18 WOULD BE ROUGHLY A THIRD AS WIDE AS YOUR HAIR. AND THEN THE

19 TYPE OF FIBER WAS POLYESTER AND THIS WAS DETERMINED BOTH BY

20 MICROSCOPY AND INFRARED SPECTROSCOPY.

21 Q. SO YOU WERE ABLE TO EXAMINE THE FIBER THROUGH YOUR

22 INITIAL EXAMINATION AS WELL AS BY INFRARED DEVICE?

23 A. THAT’S CORRECT.

24 Q. GO AHEAD.

25 A. SO WE HAVE THAT BOTH FOR 74, ITEM 60, ONE FIBER;

26 ITEM 155, ONE FIBER, AND THEN THE RESULTS OF DANIELLE’S CARPET

27 ANALYSIS, WHICH WENT THROUGH THE SAME ANALYSIS AS ALL THE

28 FIBERS, AGAIN TAN, TRILOBAL, APPROXIMATE DIAMETER, FIBER TYPE
5995
1 POLYESTER.

2 Q. SO ITEM NO. 39, THE LAST ROW, ARE THOSE, IN FACT,

3 THE KNOWN FIBERS THAT WERE TAKEN FROM THE BEDROOM OF DANIELLE

4 VAN DAM THAT YOU USED TO MAKE THE COMPARISON TO THE EVIDENCE?

5 A. YES, THEY ARE.

6 MR. CLARKE: YOUR HONOR, I’VE HAD MARKED AN ADDITIONAL

7 BOARD, “I BELIEVE EXHIBIT 123, THAT IS LABELED AT THE TOP

8 CROSS-SECTION CARPET FIBERS.”

9 THE COURT: ALL RIGHT.

10 (MARKED FOR ID: = TRIAL EX. 123, CARPET FIBERS)

11

12 BY MR. CLARKE:

13 Q. MS. DULANEY, I’LL PUT THIS NEXT BOARD ON THE SHELF

14 HERE AND ASK IF THIS BOARD APPEARS FAMILIAR TO YOU, WHAT’S BEEN

15 LABELED EXHIBIT 128?

16 A. YES, IT DOES.

17 Q. WHAT DOES IT SHOW?

18 A. IT SHOWS THE CROSS-SECTIONS OF THE KNOWN CARPET

19 SAMPLES THAT I WAS WORKING WITH THAT I PREPARED MYSELF, AND THEN

20 SEVERAL CROSS-SECTIONS FROM SOME OF THE FIBERS THAT I WAS

21 WORKING WITH, THE QUESTIONED FIBERS.

22 Q. OKAY. IF YOU COULD WALK US THROUGH WHAT’S SHOWN ON

23 THE VARIOUS PHOTOGRAPHS LABELED “A” THROUGH “G”, IF YOU WOULD

24 PLEASE?

25 A. SO — THIS IS ITEM 39. THIS IS DANIELLE’S BEDROOM

26 CARPET.

27 Q. I’M GOING TO ASK YOU TO KEEP YOUR VOICE UP, TOO, IF

28 YOU’RE AWAY FROM THE MICROPHONE.
5996
1 A. SO THIS CARPET WAS, YOU KNOW, CUT CROSS-SECTIONS

2 AND MOUNTED ON A MICROSCOPE SLIDE, AND THEN I PHOTOGRAPHED IT SO

3 HER CROSS-SECTION OF HER FIBERS IS TRILOBAL WITH KIND OF SHORT

4 ARMS.

5 Q. IS THAT PHOTOGRAPH “A” YOU’RE SHOWING US?

6 A. THAT’S PHOTOGRAPH “A”.

7 Q. ALL RIGHT. GO AHEAD.

8 A. IN PHOTOGRAPH “B”, THIS IS A CROSS-SECTION OF MR.

9 WESTERFIELD’S LIVING ROOM CARPET. AND I BELIEVE WHEN I WENT

10 THROUGH HIS HOUSE I BELIEVE HIS CARPET IS THE SAME THROUGHOUT.

11 BUT THIS IS JUST THE LIVING ROOM. SO IT SHOWS A DIFFERENT

12 CROSS-SECTION, NOT EXACTLY TRILOBAL, MORE LIKE TRIANGULAR, AND

13 THIS WAS ITEM 25.

14 IN PHOTOGRAPH “C”, THIS IS THE CARPET FROM THE

15 MOTOR HOME ITSELF. AGAIN, IT’S A TRILOBAL CARPET WITH LONG

16 ARMS. AND YOU CAN SEE THAT THE SIZE — THESE ARE ALL FOUR

17 HUNDRED TIMES MAGNIFICATION, SO 400 TIMES BIGGER THAN THEY

18 REALLY ARE. AND YOU CAN SEE THAT THERE’S QUITE A SIZE VARIATION

19 BETWEEN THE CARPET FIBERS.

20 DOWN HERE ON THE NEXT ROW, PHOTOGRAPH”D”, THESE ARE

21 IN HAND CUT SECTIONS. SO I ACTUALLY TOOK THE FIBER AND CUT THEM

22 WITH THE RAZOR BLADE TO MAKE SECTIONS TO PUT ON THE MICROSCOPE.

23 SO THIS IS ITEM 60 FROM THE TAPE LIFT THAT WAS

24 TAKEN IN THE BEDROOM OF THE MOTOR HOME. AGAIN, YOU CAN SEE IT’S

25 MOST SIMILAR TO A.

26 NO. E IS FROM THE BATH MAT AND THERE’S QUITE A BIT

27 OF DISTORTION IN THIS PARTICULAR CROSS-SECTION BECAUSE OF THE

28 DIFFICULTY IN CUTTING THESE. AS YOU CAN SEE, IT’S MOST SIMILAR
5997
1 TO “A” BUT WITH THE DISTORTION IT’S A LITTLE BIT DIFFICULT TO

2 TELL.

3 PHOTOGRAPH “F” IS FROM THE HALLWAY CARPET IN THE

4 MOTOR HOME, ITEM 74. AGAIN, IT’S SLIGHTLY DISTORTED AND KIND OF

5 TEARING DOWN THE SIDE, BUT YOU CAN SEE THAT THE BASIC

6 CROSS-SECTION IS MOST SIMILAR TO “A”.

7 AND THE LAST ONE, “G”, IS ANOTHER FIBER FROM ITEM

8 74, THAT HALLWAY CARPET, AGAIN SIMILAR CROSS-SECTION TO “A”.

9 AND SINCE BOTH THESE — “E”, “F” AND “G” WERE FOUND IN THE MOTOR

10 HOME, YOU KNOW, YOU WANT TO BE SURE THAT THEY’RE NOT THE MOTOR

11 HOME CARPET. THE BLUE CARPETING IS THROUGHOUT THE MOTOR HOME

12 AND YOU CAN SEE THAT THEY’RE CLEARLY NOT THAT.

13 Q. BASED ON YOUR CROSS-SECTION ANALYSIS UNDER THE

14 MICROSCOPE, WERE THESE EVIDENCE ITEM FIBERS FOUND IN ITEMS 60,

15 74 AND 155 CONSISTENT AND COULD HAVE COME FROM THE CARPET IN

16 DANIELLE VAN DAM’S BEDROOM?

17 A. YES.

18 MR. FELDMAN: OBJECTION, LEADING.

19 THE COURT: OVERRULED. THE ANSWER WILL STAND

20

21 BY MR. CLARKE:

22 Q. COULD THEY HAVE COME FROM MR. WESTERFIELD’S LIVING

23 ROOM AND OTHER HOUSE CARPET?

24 A. NO.

25 Q. WHAT ABOUT THE MOTOR HOME CARPET?

26 A. NO.

27 MR. CLARKE: YOUR HONOR, I’VE HAD MARKED ONE ADDITIONAL

28 BOARD. IT WILL BE EXHIBIT 129. A FURTHER BOARD CONTAINING
5998
1 PHOTOGRAPHS IS LABELED AT THE TOP “CARPET FIBER COMPARISONS” —

2 THE COURT: ALL RIGHT.

3 MR. CLARKE: — CONSISTING OF FOUR PHOTOGRAPHS, “A”

4 THROUGH “D”.

5

6 (MARKED FOR ID: = TRIAL EX. 129, CARPET FIBER

7 COMPARISONS)

8

9 BY MR. CLARKE:

10 Q. MS. DULANEY, IF I CAN SHOW YOU EXHIBIT 129, DOES

11 THAT APPEAR FAMILIAR TO YOU?

12 A. YES, IT DOES.

13 Q. WHAT DOES IT HAVE ON IT?

14 A. THESE WERE PHOTOGRAPHS TAKEN FROM THE COMPARISON

15 MICROSCOPE. SO THESE ARE SEEING THE FIBERS SIDE BY SIDE, THE

16 KNOWN FIBERS FROM DANIELLE TO ONE OF THE QUESTIONED FIBERS.

17 Q. KNOWN FIBERS FROM DANIELLE, YOU MEAN HER BEDROOM?

18 A. YES. I’M SORRY.

19 Q. IF YOU WOULD DESCRIBE WHAT’S DEPICTED IN EACH OF

20 THESE PHOTOS?

21 A. SO IN PHOTOGRAPH “A” YOU CAN SEE A DIVIDING LINE

22 DOWN THE MIDDLE.

23 Q. RIGHT UNDER THE LETTER “A” AT THE TOP OF THE

24 PHOTOGRAPH?

25 A. THAT’S CORRECT. YOU’LL NOTICE THIS IS ON EVERY

26 PHOTO. THIS IS DIVIDING THE FIELD SO THAT YOU HAVE DANIELLE’S

27 BEDROOM CARPET ON ONE SIDE AND THEN THE QUESTIONS WERE ON THE

28 OTHER SIDE.
5999
1 SO PHOTOGRAPH “A”, THIS IS ONE OF THE FIBERS FROM

2 ITEM 74. NOW THESE FIBERS WERE NOT USED TO DO THE COMPARISON.

3 THESE ARE JUST FOR MY NOTES TO HELP ME REMEMBER WHAT SORT OF

4 FEATURES I WAS LOOKING AT AND WHAT SORT OF FEATURES I WAS

5 COMPARING. I CAN’T REALLY LOOK AT THESE AND DO A COLOR

6 COMPARISON, BUT YOU CAN GET AN IDEA THAT THE SIZE IS SIMILAR.

7 THE SHAPE OF THE FIBER IS SIMILAR. THIS IS TRILOBAL.

8 IT’S KIND OF LOOKING DOWN AT YOU AND STICKING OUT

9 WHEN YOU’RE LOOKING AT IT IN THE MICROSCOPE, AND THE GENERAL

10 CONDITION OF THE FIBERS ARE SIMILAR. SO IN “B”, PHOTOGRAPH “B”

11 IS ANOTHER FIBER FROM ITEM 74 AND AGAIN, COMPARED TO DANIELLE’S

12 BEDROOM CHART — AND THIS IS A SLIGHTLY DIFFERENT ANGLE — IT’S

13 NOT LOOKING DIRECTLY TO ONE OF THE LOBES IS ON HER SIDE SO YOU

14 CAN SEE THAT IT’S A LITTLE BIT DIFFERENT. COMPARED TO

15 PHOTOGRAPH “A”, “B” IS A LITTLE BIT DIFFERENT LOOKING AT A

16 DIFFERENT ANGLE ON THE FIBER. SO AGAIN, WE’RE JUST SHOWING A

17 SIMILAR SIZE AND CONDITION.

18 IN PHOTOGRAPH “C”, THE THIRD FIBER FROM ITEM 74,

19 WHICH IS DANIELLE’S BEDROOM CARPET ON THE RIGHT, AND YOU CAN SEE

20 ON THIS ONE THERE’S SOME TWISTING BECAUSE THE FIBERS WILL TEND

21 TO TWIST, SO WE’RE TRYING TO SHOW THAT THERE IS SIMILAR

22 TWISTING.

23 IN PHOTOGRAPH “D”, THIS IS THE FIBER FROM 155, THE

24 BATH MAT, AND DANIELLE’S CARPET IS ON THE RIGHT AND THEN THIS IS

25 A SIMILAR VIEW TO WHAT YOU MIGHT SEE IN “B” THAT WE’RE SHOWING

26 THE GENERAL SIZE, DIAMETER AND CONDITION.

27 Q. YOU’VE MENTIONED POLYESTER, IS THAT WHAT THESE

28 FIBERS WERE?
6000
1 A. YES.

2 Q. IS THAT THE ONLY FIBER OUT THERE THAT — LET’S

3 START WITH CARPETS. CARPETS ARE MADE OUT OF?

4 A. THE MAJORITY OF CARPETS ARE MADE OUT OF NYLON, AND

5 THEN FOLLOWING NYLON THE NEXT POPULAR IS POLYPROPYLENE.

6 MR. BOYCE: OBJECTION, FOUNDATION.

7 THE COURT: OVERRULED.

8 THE WITNESS: AND THEN FINALLY POLYESTER.

9

10 BY MR. CLARKE:

11 Q. HOW ABOUT IN THE FIBER WORLD COMPLETELY, LET’S NOT

12 LIMIT IT TO CARPET FIBERS, WELL, POLYESTER IS NOT THE ONLY

13 FIBER; CORRECT?

14 A. NO.

15 Q. CAN YOU GIVE US THE SAME INFORMATION ABOUT FIBERS

16 EVEN OTHER THAN CARPET?

17 A. WELL, PROBABLY THE MOST COMMON — ONE OF THE MOST

18 COMMON OR NOT MAN-MADE IS COTTON MOST LIKELY. AND THEN THERE’S

19 A WHOLE VARIETY OF SYNTHETIC FIBERS THAT YOU CLASSIFY MAN-MADE

20 FIBERS INTO, AND THESE WOULD BE THINGS THAT YOU’RE FAMILIAR

21 WITH; ACRYLIC, ACETATE, NYLON, POLYESTER, OLAFINS, WHICH WOULD

22 INCLUDE POLYPROPYLENE AND THOSE TYPES OF FIBERS, I DON’T RECALL

23 RIGHT OFF THE TOP OF MY HEAD IS PROBABLY COMMONLY MAN-MADE.

24 I THINK ACRYLIC WOULD BE ONE OF THE MOST COMMON

25 MAN-MADE FIBERS FOR CLOTHING. IT JUST DEPENDS ON WHAT STYLE OR

26 PARTICULAR TYPE YOU’RE TALKING ABOUT. EACH TYPE OF FIBER HAS

27 ITS CHARACTERISTICS THAT THE MANUFACTURER OF A CARPET OR TEXTILE

28 MIGHT WANT. THEY WOULD SELECT THAT PARTICULAR FIBER FOR THE
6001
1 CHARACTERISTICS THAT IT EXHIBITS.

2 Q. ALL RIGHT.

3 BASED ON ALL OF THE TESTS YOU PERFORMED ON THE FIVE

4 EVIDENCE CARPET FIBERS FROM THE THREE DIFFERENT LOCATIONS, AS

5 WELL AS FROM VISUAL EXAMINATIONS THAT YOU PERSONALLY PERFORMED,

6 WHAT CAN YOU TELL US ABOUT WHETHER OR NOT THOSE EVIDENCE FIBERS

7 FROM ITEM 60, 74 AND 155, COULD HAVE COME FROM OR COULDN’T HAVE

8 COME FROM THE BEDROOM CARPET OF DANIELLE VAN DAM?

9 A. I BELIEVE THESE CARPET FIBERS FROM 74, 60 AND 155

10 COULD HAVE COME FROM DANIELLE VAN DAM’S BEDROOM.

11 Q. ARE FIBERS AVAILABLE FOR FURTHER EXAMINATION IF

12 ANYONE BELIEVES THAT YOUR RESULTS ARE INCORRECT?

13 A. YES, THEY ARE.

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

15 TO THE ANIMAL HAIRS THAT YOU DESCRIBED EARLIER.

16 DO YOU RECALL THAT?

17 A. YES.

18 Q. CONCLUDED I THINK 18 HAIRS FROM THE DRYER LINT?

19 A. THAT’S CORRECT.

20 Q. TWO HAIRS FROM THE R. V. CARPET HALLWAY?

21 A. YES.

22 Q. AND ONE HAIR FROM THE R. V. BATH MAT. DO YOU

23 RECALL THAT?

24 A. YES.

25 Q. DID YOU ALSO EXAMINE ADDITIONAL EVIDENCE OF ANIMAL

26 HAIRS?

27 A. YES, I DID.

28 Q. WHERE WERE THEY FROM?
6002
1 A. ITEM 6B WAS A WHITE TOWEL ON TOP OF THE DRYER IN

2 MR. WESTERFIELD’S HOME. 93A WAS ONE OF THE TAPE LIFTS FROM THE

3 STRIPED COMFORTER COLLECTED FROM THE DRY CLEANERS AND 93B WAS

4 THE SECOND TAPE LIFT COLLECTED FROM THAT STRIPED COMFORTER.

5 Q. JUST SO WE’RE CLEAR, 93A AND B, THE “A” AND THE “B”

6 RELATE TO THE TAPE LIFTS, CORRECT?

7 A. THAT’S CORRECT.

8 Q. FROM AN ITEM NO. 93?

9 A. YES.

10 Q. DID YOU COMPARE THOSE ANIMAL HAIRS TO ANY KNOWN

11 ANIMAL SAMPLES?

12 A. YES, I DID.

13 Q. DID THAT COLUMN ITEM NUMBER 38, HAIRS IDENTIFIED AS

14 HAVING BEEN IDENTIFIED AS HAVING BEEN PLUCKED FROM THE VICTIM

15 VAN DAM DOG LAYLA?

16 A. YES.

17 Q. DID YOU ALSO IDENTIFY HAIRS ALSO BEING PLUCKED FROM

18 LAYLA, ITEM NO. 199?

19 A. YES.

20 Q. DID IT ALSO INCLUDE HAIRS IDENTIFIED AS HAVING BEEN

21 OBTAINED FROM HOPI, H-O-P-I?

22 A. YES.

23 Q. WAS THAT ITEM NO. 178?

24 A. I BELIEVE SO.

25 Q. WHAT DID YOU DO AS FAR AS AN EXAMINATION OF THESE

26 ANIMAL HAIRS?

27 A. THE ANIMAL HAIRS WERE ALSO EVALUATED IN A SIMILAR

28 MANNER. I LOOK AT THE LENGTHS. I LOOK AT THE GENERAL COLOR
6003
1 UNDER THE LIGHTING, THEN I MOUNTED THESE HAIRS ON MICROSCOPE

2 SLIDES AND ADDED THE CHARACTERISTICS YOU CAN SEE WITH THE

3 MICROSCOPE. THIS ALLOWED ME THROUGH THE HAIRS TO LOOK AT THE

4 DIFFERENT PIGMENT CHARACTERISTICS THAT ARE VISIBLE WITH A

5 HIGH-POWERED MAGNIFICATION.

6 Q. WHAT DO YOU LOOK FOR IN THAT TYPE OF EXAMINATION?

7 A. THE INTERIOR OF THE HAIR IS WHERE THE PIGMENT IS

8 AND PIGMENT’S PROBABLY THERE TYPICALLY IN SMALL PARTICLES LIKE

9 GRANULES,, THERE’S ALSO THE CENTRAL CORE OF THE HAIR IS MEDULLA.

10 IT CAN BE AIR FILLED, AND WHEN IT IS AIR FILLED AND YOU’RE

11 LOOKING AT IT THROUGH TRANSMITTED LIGHT WITH HIGH-POWERED

12 MAGNIFICATION, IT LOOKS BLACK.

13 ALSO AMONGST THE PIGMENT GRANULES YOU ALSO GET

14 LARGE POOLS OF PIGMENT CALLED OVOID BODIES, AND THESE ARE

15 DISTINCT LOOKING, AND YOU LOOK FOR THOSE TYPES OF THINGS. AND

16 THEN YOU CAN ALSO LOOK AT THE CUTICLE CONDITION AND SEE IF —

17 THE CUTICLE’S THE OUTER PART OF THE HAIR — AND THAT’S WHERE THE

18 SCALES ARE. ALL HAIR HAS SCALES, HUMAN AND ANIMALS. IN ANIMALS

19 IT’S TYPICALLY MORE PRONOUNCED SO YOU MIGHT WANT TO LOOK AT

20 THOSE WHEN DOING ANIMAL HAIR COMPARISON.

21 Q. WERE THOSE ITEMS IN ADDITION TO COLOR OR —

22 A. THOSE WERE IN ADDITION TO COLOR BUT ALSO IT’S PART

23 OF THE COLOR.

24 Q. DO YOU LOOK AT THE DIAMETERS OF THESE HAIRS?

25 A. YES.

26 Q. WHAT ABOUT LENGTH?

27 A. YES.

28 Q. AS A RESULT OF YOUR COMPARISON, MICROSCOPIC
6004
1 COMPARISON OF THESE HAIRS, DID YOU REACH ANY CONCLUSION WHEN YOU

2 COMPARED THEM TO THE KNOWN SAMPLES YOU WERE PROVIDED?

3 A. YES, I DID.

4 Q. WHAT WAS THAT?

5 A. THAT ALL OF THE HAIRS FROM THE EVIDENCE ITEMS WERE

6 SIMILAR IN ALL THE AREAS I’VE LOOKED AT TO THE HAIRS FROM THE

7 VAN DAM’S DOG LAYLA.

8 Q. WHAT ABOUT THE KNOWN SAMPLES YOU WERE PROVIDED FROM

9 A DOG NAMED HOPI?

10 A. THEY WERE NOT SIMILAR TO THE HAIRS FROM HOPI.

11 MR. CLARKE: YOUR HONOR, I’VE HAD MARKED AN ADDITIONAL

12 BOARD I BELIEVE EXHIBIT 130.

13 THE COURT: OKAY.

14 (MARKED FOR ID: = TRIAL EX. 130 VAN DAM DOG HAIRS)

15 MR. CLARKE: AN ADDITIONAL BOARD LABELED AT THE TOP “VAN

16 DAM DOG HAIRS.”

17 Q. MS. DULANEY, IF I CAN SHOW YOU WHAT’S BEEN MARKED

18 AGAIN EXHIBIT 130, HAVE YOU HAD A CHANCE TO LOOK AT THIS BOARD?

19 A. YES.

20 Q. PRIOR TO TODAY?

21 A. YES, I HAVE.

22 Q. WHAT DOES IT SHOW?

23 A. THIS SHOWS THE DOG HAIRS THAT I EXAMINED THAT WERE

24 SIMILAR TO THE VAN DAM’S FAMILY DOG LAYLA.

25 Q. IF YOU WOULD, COULD YOU WALK US THROUGH THIS CHART

26 AS WELL?

27 A. AGAIN, WE HAVE A SIMILAR SETUP WITH THE ITEM, THE

28 LOCATION, NUMBER OF HAIRS AND THEN THE HAIR DESCRIPTION. SO THE
6005
1 FIRST ONE IS ITEM 13A, AND THIS IS THE LINT FROM THE DRYER.

2 THERE WERE 18 HAIRS FOUND HERE. THE GENERAL COLOR IS SORT OF A

3 GRAYISH BROWN. THE LENGTH RANGED FROM HALF A CENTIMETER TO A

4 LITTLE OVER A CENTIMETER. AND ON THE PIGMENTATION I JUST WANTED

5 TO PUT WHAT WAS UNUSUAL ABOUT THE PIGMENTATION. IT HAD THOSE

6 LARGE OVOID BODIES THAT I SPOKE TO YOU ABOUT EARLIER.

7 THE NEXT WOULD BE ITEM 74. AGAIN, THIS IS THAT

8 HALLWAY CARPET FROM THE MOTOR HOME. TWO HAIRS HERE, BOTH THAT

9 SAME GRAY BROWN COLOR. THEY’RE BOTH ABOUT A LITTLE LESS THAN

10 ONE CENTIMETER LONG. AND AGAIN, THEY BOTH HAVE THOSE LARGE

11 OVOID BODIES.

12 THE NEXT ITEM WOULD BE 155, THE BATH MAT FROM THE

13 MOTOR HOME. ONE HAIR ON THAT BATH MAT, THAT SAME GRAY BROWN

14 COLOR, JUST A LITTLE BIT MORE THAN HALF A CENTIMETER LONG. AND

15 AGAIN, THAT SAME PIGMENTATION WITH THE LARGE OVOID BODIES.

16 ITEM 6B, WOULD BE THE WHITE TOWEL THAT WAS ON TOP

17 OF THE DRYER. ONE HAIR, THE SAME GRAY BROWN COLOR, A LITTLE

18 OVER A CENTIMETER LONG, AND WITH THOSE LARGE OVOID BODIES.

19 THE STRIPED COMFORTER 93A — ACTUALLY, IT’S 93, AND

20 THEN I DIVIDED IT INTO THE TAPE LIFTS. I FOUND THEM ON “A” AND

21 “B”, SO WE FOUND TWO HAIRS ON THAT COMFORTER. THEY’RE BOTH GRAY

22 BROWN. ONE’S A CENTIMETER LONG AND ONE’S A LITTLE BIT LESS THAN

23 A CENTIMETER. BOTH HAVE THE LARGE OVOID BODIES. AND THEN THESE

24 199, 38 ARE THOSE HAIR STANDARDS OR HAIRS THAT ARE COLLECTED

25 FROM LAYLA, THE FAMILY DOG. THEY HAD THE SAME GRAY BROWN COLOR.

26 THEY RANGED IN LENGTH FROM ABOUT HALF A CENTIMETER TO A LITTLE

27 MORE THAN A CENTIMETER, AND THEY ALL HAD THOSE LARGE OVOID

28 BODIES.
6006
1 Q. ALL RIGHT. JUST TALKING ABOUT LENGTH, IF WE CAN.

2 LOOKS LIKE THE KNOWN SAMPLES FOR HAIRS PLUCKED FROM LAYLA RANGE

3 FROM ONE-HALF A CENTIMETER TO ABOUT 1.3 CENTIMETERS, RIGHT?

4 A. THAT’S RIGHT.

5 Q. WERE ANY OF THOSE HAIRS ON THE CHART ABOVE THAT

6 CONSISTENT OR INCONSISTENT WITH THOSE LENGTHS?

7 A. THEY WERE CONSISTENT.

8 MR. CLARKE: YOUR HONOR, I’VE HAD ONE MORE PHOTOBOARD

9 THAT I’VE HAD MARKED AS I BELIEVE EXHIBIT 131 FOR

10 IDENTIFICATION. WELL, CONSISTS OF THREE PHOTOGRAPHS, “A”

11 THROUGH “C” AND LABELED AT THE TOP “VAN DAM DOG COMPARISONS.”

12 THE COURT: ALL RIGHT.

13 (MARKED FOR ID: = TRIAL EX. 131, VAN DAM DOG COMPARISONS)

14

15 BY MR. CLARKE:

16 Q. MS. DULANEY, IF I CAN PUT THIS BOARD UP, PERHAPS WE

17 CAN DO IT, PERHAPS WE CAN’T.

18 WHAT’S BEEN MARKED EXHIBIT 131, CAN YOU TELL US

19 WHAT THIS BOARD SHOWS?

20 A. THIS BOARD JUST SHOWS SOME EXAMPLES OF THE SIDE BY

21 SIDE COMPARISON BETWEEN THE EVIDENCE HAIRS AND THE HAIRS FROM

22 THE VAN DAM’S DOG.

23 Q. WHAT DO THE PHOTOGRAPHS DEPICT, IF YOU DON’T MIND

24 WALKING US THROUGH THAT?

25 A. ALL THE PHOTOGRAPHS ARE FROM THE MICROSCOPE. THE

26 MAGNIFICATION IS ABOUT FOUR HUNDRED TIMES ITS ACTUAL SIZE. SO

27 YOU’RE LOOKING AT WHAT I’M SEEING WHEN I LOOK THROUGH THE

28 MICROSCOPE, AND I’M ABLE TO LOOK THROUGH THE HAIR. YOU’RE
6007
1 ACTUALLY ABLE TO SEE THROUGH THE HAIR. SO THESE ARE THE

2 INTERNAL CHARACTERISTICS THAT YOU LOOK AT WHEN YOU LOOK AT A

3 HAIR UNDER THE MICROSCOPE. SO IN PHOTOGRAPH “A” –.

4 Q. KEEP YOUR VOICE UP. I’M SORRY.

5 A. PHOTOGRAPH “A” DANIELLE’S DOG ON THE RIGHT AND ONE

6 OF THE HAIRS FROM ITEM 13A, THE LINT ON THE LEFT. SO WHAT WE’RE

7 SEEING ON THIS OUTSIDE PART IS THE CUTICLE, AND THIS IS WHERE

8 THE SCALES WOULD BE, AND YOU CAN SEE IN THIS PARTICULAR — IN

9 THESE HAIRS THEY’RE NOT VERY PRONOUNCED. IT’S PRETTY FLAT.

10 Q. JUST FOR THE RECORD — I’M SORRY TO INTERRUPT YOU,

11 BUT YOU’RE DESCRIBING AN AREA ON THE RIGHT HAND SIDE OF

12 PHOTOGRAPH “A” AT WHAT APPEARS TO BE THE EXTREME TOP EDGE OF THE

13 HAIR?

14 A. YES.

15 Q. ALL RIGHT.

16 GO AHEAD. I’M SORRY.

17 A. THEN THIS DARK AREA OF THE MIDDLE THAT YOU SEE HERE

18 IS THE CENTER OF THE HAIR, THE MEDULLA AND IT’S AIR FILLED.

19 THAT’S WHY NOW IT APPEARS TO BE BACK. THESE SPOTS, BROWN SPOTS

20 AND STREAKS THAT YOU SEE NEAR THE MEDULLA ARE PIGMENT. THIS IS

21 WHAT COLORS THE HAIR, AND IN A LARGE ROUND DEPOSIT ARE THE OVOID

22 BODIES.

23 SO IN PHOTOGRAPH “B” AGAIN, YOU HAVE THE VAN DAM’S

24 DOG ON THE RIGHT AND ONE OF THE HAIRS FROM ITEM 74 ON THE LEFT.

25 AGAIN, YOU CAN SEE SIMILAR CONDITION FOR THE CUTICLE, THE

26 MEDULLA, THE PIGMENTATION AND THE LARGE OVOID BODIES IN BOTH

27 HAIRS.

28 PHOTOGRAPH “C”, AND YOU CAN SEE THE SIMILAR
6008
1 CUTICLE, THE PIGMENTATION AND THE LARGE OVOID BODIES, SIMILAR IN

2 BOTH HAIRS.

3 Q. BASED ON ALL OF YOUR EXAMINATIONS THAT YOU

4 CONDUCTED ON THE HAIRS, ANIMAL HAIRS IN THIS CASE, AND THEIR

5 COMPARISON TO KNOWN SAMPLES TAKEN FROM THE DOG LAYLA, WHAT

6 CONCLUSIONS CAN YOU TELL US?

7 A. THAT ALL OF THOSE HAIRS ARE SIMILAR IN ALL THE

8 CHARACTERISTICS THAT I LOOKED AT, AND THEY COULD HAVE COME FROM

9 THAT DOG.

10 Q. DID YOU TRANSPORT ANY OF THESE ANIMAL HAIRS TO ANY

11 D. N. A. TESTING LABORATORY?

12 A. YES, I DID.

13 Q. TELL US ABOUT THAT, PLEASE.

14 A. I TRANSPORTED HAIRS FROM 13A, THE LINT; ITEM 74,

15 THE HALLWAY CARPET, AND NO. 155 TO THE GENETICS LABORATORY

16 LOCATED AT UC DAVIS, THAT’S NEAR SACRAMENTO, ON APRIL 18TH OF

17 THIS YEAR.

18 Q. DID YOU LEAVE THEM FOR PURPOSES OF TESTING BY THAT

19 LABORATORY?

20 A. YES, I DID.

21 Q. AT THAT TIME DID YOU EVEN TAKE WITH YOU TO GIVE TO

22 THAT LABORATORY ANY KNOWN SAMPLES FROM LAYLA?

23 A. NO, I DID NOT.

24 Q. DID YOU PREPARE LATER ANY SHIPMENTS OF ADDITIONAL

25 ANIMAL HAIR TO THAT VETERINARY GENETICS LAB?

26 A. YES, I DID.

27 Q. TELL US ABOUT THAT, IF YOU WOULD.

28 A. THE HAIR FROM 6B, THE WHITE TOWEL, AND THE TWO
6009
1 HAIRS FROM THE STRIPED COMFORTER, NO. 93, THOSE WERE SENT TO UC

2 DAVIS, VETERINARY GENETICS LAB, APPROXIMATELY MAY 6TH OF THIS

3 YEAR.

4 Q. AS FAR AS THE KNOWN SWABS — I’M SORRY, THE KNOWN

5 ANIMAL HAIRS OF LAYLA, WHY DIDN’T YOU SEND THOSE — I’M SORRY —

6 TAKE THEM WITH YOU ON THE ORIGINAL TRIP?

7 A. THE LABORATORY REQUESTED THEY NOT COME TO THE

8 LABORATORY.

9 Q. AT THAT TIME?

10 A. YES.

11 Q. WAS THAT SO THEY COULD CONDUCT TESTING ON THE

12 EVIDENCE FIRST?

13 MR. FELDMAN: OBJECTION, SPECULATION.

14 THE COURT: SUSTAINED.

15 MR. CLARKE: THANK YOU. I DON’T HAVE ANY MORE, YOUR

16 HONOR.

17 THE COURT: ALL RIGHT. CROSS-EXAMINATION.

18

19 CROSS-EXAMINATION +

20 BY MR. FELDMAN:

21 Q. MA’AM, ON THE ISSUE OF DOG HAIRS — GOOD MORNING,

22 I’M SORRY.

23 A. GOOD MORNING.

24 Q. I THINK YOU SAID ON DIRECT THAT WITH REGARD TO

25 HUMAN HAIRS THERE’S NOT SUFFICIENT INDIVIDUALIZATION SHORT OF D.

26 N. A. FOR YOU TO BE COMFORTABLE TO MAKE A MATCH STATEMENT, IS

27 THAT A FAIR STATEMENT?

28 A. YES.
6010
1 Q. YOU GOT THE SAME PROBLEM WITH DOG HAIRS, DON’T YOU?

2 A. YES.

3 Q. WITHOUT A D. N. A. — OKAY. SO YOU’RE NOT TELLING

4 THE JURY THAT IT’S YOUR — YOU’VE MATCHED ANY HAIRS BECAUSE YOU

5 DON’T HAVE ANY D. N. A. CONNECTION, CORRECT?

6 A. THAT’S CORRECT.

7 Q. YOU’RE JUST SAYING THE HAIRS COULD HAVE COME FROM

8 THAT DOG, CORRECT?

9 A. THAT’S CORRECT.

10 Q. OF COURSE, THEY COULD HAVE COME FROM ANOTHER DOG,

11 TOO, ISN’T THAT TRUE?

12 A. THAT’S TRUE.

13 Q. HOW MANY DOGS ARE YOU AWARE OF THAT HAVE GRAY BROWN

14 HAIR?

15 A. I DON’T KNOW.

16 Q. HOW MANY DOGS ARE YOU AWARE OF THAT HAVE OVOID

17 BODIES IN THEIR HAIR?

18 A. WELL, OF THE DOG HAIRS THAT I LOOKED AT THAT WE

19 HAVE IN OUR LABORATORY COLLECTION, PROBABLY ONLY ONE OR TWO OF

20 THE DIFFERENT ONES I LOOKED AT HAVE OVOID BODIES AND NONE TO

21 THIS EXTENT.

22 Q. WITH REGARD TO THE ISSUE OF HAIR ADHERENCE, DO DOG

23 HAIRS ADHERE DIFFERENTLY THAN HUMAN HAIRS?

24 A. THEY CAN.

25 Q. DO DOG HAIRS TRANSFER IN MANNERS SIMILAR TO HUMAN

26 HAIRS?

27 A. YES, THEY DO.

28 Q. YOU TOLD US THAT WITH REGARD TO HUMAN HAIR THERE’S
6011
1 VARIATIONS IN LENGTH, IS THAT RIGHT?

2 A. YES.

3 Q. SO THAT WOULD BE IN THE SAME HEAD OF HAIR THERE

4 WOULD BE VARIATIONS IN THE LENGTH OF HAIR, IS THAT RIGHT, MA’AM?

5 A. YES.

6 Q. ARE YOU FAMILIAR WITH ANY STUDIES THAT HAVE

7 ARTICULATED OR HAVE IDENTIFIED HOW MUCH OF A PARTICULAR PERSON’S

8 HAIR MIGHT VARY?

9 A. NO, I HAVE NOT.

10 Q. DOES THAT MEAN THAT THERE MAY BE A VARIANCE IN THE

11 LENGTH, SAY, OF YOUR HAIR AND THE COURT REPORTER’S HAIR?

12 A. YES.

13 Q. OR IN ANY OF THE JURORS?

14 A. YES.

15 Q. OR ANY OF THE LAWYERS?

16 A. YES.

17 Q. THERE IS NO STANDARDS IN EXISTENCE THAT ARTICULATE

18 PRECISE HAIR LENGTH DIFFERENCES IN A GIVEN SCALP, ARE THERE?

19 A. NOT THAT I’M AWARE OF.

20 Q. WITH REGARD TO THE GROWTH RATE, YOU OFFERED AN

21 OPINION OF A HALF AN INCH A MONTH. SOME PEOPLE’S HAIRS GROW

22 FASTER THAN THAT, DON’T THEY, THOUGH?

23 A. YES, THEY DO.

24 Q. HOW MUCH CAN A PERSON’S HAIR GROW IN A MONTH?

25 A. WELL, THAT NUMBER IS TYPICALLY ACCEPTED AS THE

26 AVERAGE. I WOULD ASSUME THAT MAYBE SLIGHTLY MORE THAN THAT AND

27 THERE’S ALSO PROBABLY SLIGHTLY LESS THAN THAT.

28 Q. MA’AM, HAVE YOU RECEIVED — YOU’VE TESTIFIED
6012
1 BEFORE, HAVEN’T YOU?

2 A. YES, I HAVE.

3 Q. ABOUT HOW MANY TIMES?

4 A. ON ANYTHING?

5 Q. YES.

6 A. PROBABLY ABOUT 75 TIMES.

7 Q. AND YOU’VE RECEIVED TRAINING IN HOW TO TESTIFY, IS

8 THAT RIGHT?

9 A. YES.

10 Q. I’M TRYING TO ASK YOU VERY PRECISE QUESTIONS, OKAY?

11 A. OKAY.

12 Q. SO THAT YOU UNDERSTAND.

13 YOU TOLD US THAT GENERALLY THERE’S A THOUGHT THAT A

14 PERSON MIGHT SHED AS MUCH AS A HUNDRED HAIRS A DAY, IS THAT

15 RIGHT?

16 A. THAT’S CORRECT.

17 Q. A PERSON COULD SHED MORE THAN A HUNDRED HAIRS A DAY

18 OR TWO; IS THAT CORRECT?

19 A. YES.

20 Q. WITH REGARD TO THE ACTIVITY THAT AN INDIVIDUAL

21 ENGAGES IN, THAT WILL AFFECT THE RATE AT WHICH AN INDIVIDUAL

22 SHEDS; ISN’T THAT CORRECT?

23 A. THAT’S CORRECT.

24 Q. SO IF A PERSON WITH A FULL HEAD OF HAIR JUMPS

25 AROUND, ROLLS AROUND, PLAYS AROUND, THAT MIGHT AFFECT THE SHED

26 RATE, WE’LL CALL IT, IS THAT RIGHT?

27 A. YES.

28 Q. CAN YOU MAKE THE SAME STATEMENT ABOUT DOG HAIRS?
6013
1 A. THAT’S PROBABLY TRUE, ALTHOUGH I HAVEN’T REALLY

2 READ THE RATE AT WHICH DOGS SHED.

3 Q. WITH REGARD TO THE KNOWN HEAD HAIRS OF DANIELLE VAN

4 DAM, YOU’RE AWARE, ARE YOU NOT, THAT THE CORONER’S OFFICE I

5 THINK CUT ALL THE HAIR OFF?

6 A. THAT’S CORRECT. BUT PRIOR TO THE HAIR BEING CUT

7 OFF PULLED HEAD HAIR STANDARD WAS ALSO COLLECTED.

8 Q. I DIDN’T ASK YOU THAT, THOUGH, DID I?

9 A. OH, I’M SORRY.

10 Q. DID I ASK YOU THAT QUESTION?

11 A. NO.

12 Q. I JUST — YOUR EXPERIENCE HAS IT TAUGHT YOU THAT

13 THERE ARE SOME CIRCUMSTANCES THAT ALLOW YOU TO GO TO INFORMATION

14 THAT MAY NOT BE RESPONSIVE TO A PARTICULAR QUESTION?

15 MR. CLARKE: OBJECTION, ARGUMENTATIVE, YOUR HONOR.

16 THE COURT: SUSTAINED.

17 YOU NEED NOT ANSWER.

18

19 BY MR. FELDMAN:

20 Q. HOW MANY DOG HAIRS HAVE YOU EXAMINED IN YOUR

21 LABORATORY FROM JUST GENERALLY?

22 A. I PROBABLY LOOKED AT A HUNDRED OR SO DOG HAIRS.

23 Q. OVER HOW MANY YEARS?

24 A. SEVEN.

25 Q. AND WHAT KIND OF DOGS HAVE YOU LOOKED AT DOG HAIRS

26 IN OF THOSE HUNDRED OVER SEVEN YEARS?

27 A. WE HAVE A VARIETY OF DOG HAIRS IN OUR COLLECTION

28 AND THEN TYPICALLY EVERYONE BRINGS IN THEIR PET HAIRS AND LOOK
6014
1 AT THESE.

2 Q. SO IF I TAKE THE MATH, OVER SEVEN YEARS YOU’VE

3 LOOKED AT A HUNDRED HAIRS, YOU’RE LOOKING AT WHAT, 12 HAIRS A

4 YEAR, 13 HAIRS A YEAR?

5 A. POSSIBLY.

6 Q. WITH REGARD TO THE ISSUE OF ANIMAL HAIRS, WITH

7 REGARD TO THE ISSUE OF TAPE LIFTS, YOU TAPE LIFTED ALL OF THE

8 AREAS THAT YOU BELIEVED MIGHT HAVE SOME EVIDENTIARY VALUE, IS

9 THAT RIGHT?

10 A. THAT’S CORRECT.

11 Q. SPECIFICALLY YOU LIST YOUR ITEMS BY — I’M SORRY —

12 SPECIFICALLY YOU LISTED SOME OF YOUR LIFTS BY ITEM NUMBER AND BY

13 LIFT NUMBER; IS THAT CORRECT?

14 A. THAT’S CORRECT.

15 Q. I’D LIKE TO DIRECT YOUR ATTENTION TO A SERIES OF

16 LIFTS. FOR INSTANCE, ITEM 79.

17 DO YOU HAVE IN MIND ITEM 79?

18 A. NO. COULD YOU REFRESH MY MEMORY AS TO WHAT THAT

19 IS?

20 Q. WELL, IT SAYS “ONE UNSEALED BAG CONTAINING 14 TAPE

21 LIFTS.”

22 THIS, COUNSEL, IS DISCOVERY 1275.

23 OKAY. WHAT I’M LOOKING AT IS EVIDENCE LISTS —

24 ACTUALLY 850125/850152, YOUR NAME ALONG WITH MS. LEALCALA, PEER,

25 MONTPETIT AND SHEN APPEARS. AND I’D BE HAPPY TO SHOW IT TO YOU

26 IF YOU CAN’T EYE SPOT IT.

27 A. NO, I HAVE IT NOW.

28 Q. ALL RIGHT.
6015
1 ITEM 79 APPEARS TO BE AN UNSEALED BAG CONTAINING 14

2 TAPE LIFTS, RIGHT?

3 A. I DON’T KNOW ABOUT THE CONDITION OF THE SEALED, BUT

4 I KNOW THAT I COLLECTED 14 TAPE LIFTS AND THAT WAS DESIGNATED AS

5 ITEM 79.

6 Q. COULD YOU PLEASE TAKE A LOOK AT PAGE 13 TO 20?

7 A. FROM THE REPORT? WHAT WAS THE DATE OF THE REPORT?

8 Q. 2/19/02 PAGE 13 TO 20. I JUST WANT TO MAKE SURE

9 WE’RE LOOKING AT THE SAME THING?

10 A. THIRTEEN TO 20. OH, THIS IS NOT MINE. I DID NOT

11 CREATE THIS. THIS IS 15210.

12 Q. BOTH?

13 A. OKAY.

14 Q. WE’VE MANAGED TO GET TO THE RIGHT SPOT, RIGHT?

15 A. YES.

16 Q. IN TERMS OF WE’RE ON THE SAME PAGE?

17 A. YES.

18 Q. DIRECTING YOUR ATTENTION, MA’AM, TO ITEM NO. 79, IT

19 SAYS ONE UNSEALED BAG CONTAINING 14 TAPE LIFTS, CORRECT?

20 A. THAT’S CORRECT.

21 Q. JUST THE LINE ABOVE THAT SAYS THAT ITEM 79 THROUGH

22 83 WERE COLLECTED BY YOU; IS THAT RIGHT?

23 A. THAT’S RIGHT.

24 Q. AND YOU COLLECTED THEM FROM THE MOTOR HOME, IS THAT

25 RIGHT?

26 A. THAT’S CORRECT.

27 Q. NOW, I’D LIKE TO SPECIFICALLY DIRECT YOU TO ITEM

28 NO. 79. I GUESS IT’S TAPE LIFT 11.
6016
1 CAN YOU TELL ME FIRST HOW MANY DIFFERENT TAPE

2 LIFTS — WELL, 79 CONTAINED 14 TAPE LIFTS, IS THAT RIGHT?

3 A. THAT’S RIGHT.

4 Q. DIRECTING YOUR ATTENTION TO TAPE LIFT 11,

5 A. OKAY.

6 Q. YOU LIFTED IN TAPE LIFT 11, THAT CAME FROM THE SIDE

7 PASSENGER SEAT, IS THAT RIGHT?

8 A. THAT’S RIGHT.

9 Q. SEVERAL ANIMAL HAIRS, IS THAT RIGHT?

10 A. THAT’S RIGHT.

11 Q. WHAT KIND OF ANIMAL?

12 A. I DIDN’T NOTE IT.

13 Q. WERE THEY DOG HAIRS?

14 A. I DID NOT NOTE IT.

15 Q. I’M SORRY. WHAT DOES IT MEAN THAT YOU DID NOT NOTE

16 IT?

17 A. I DIDN’T NOTE THE TYPE OF HAIR.

18 Q. YOU DID NOTE THAT IT WAS AN ANIMAL HAIR, THOUGH,

19 DIDN’T YOU?

20 A. YES.

21 Q. WHEN YOU NOTED ANIMAL HAIR WERE YOU THINKING OF

22 SQUIRRELS?

23 MR. CLARKE: OBJECTION, YOUR HONOR. I THINK THAT’S

24 ARGUMENTATIVE.

25 THE COURT: OVERRULED.

26 YOU CAN ANSWER.

27 THE WITNESS: NO. I WAS SPECIFICALLY LOOKING IN THESE

28 HAIRS FOR HAIRS THAT WOULD BE CONSISTENT WITH SOMETHING FROM
6017
1 DANIELLE’S ENVIRONMENT.

2

3 BY MR. FELDMAN:

4 Q. BUT I’M ASKING YOU WHEN YOU USE THE WORD “ANIMAL

5 HAIRS” WHAT ANIMALS DID YOU MEAN TO COMMUNICATE WERE INCLUDED IN

6 THE UNIVERSE OF ANIMAL HAIRS?

7 A. ANY OF THEM. NON-HUMAN WOULD BE A BETTER TERM.

8 NON-HUMAN HAIR.

9 Q. THAT’S A TERM YOU’RE USING IN COURT TODAY. YOU

10 USED IN YOUR REPORT “ANIMAL HAIRS,” RIGHT?

11 A. RIGHT.

12 Q. ITEM 79L IS A LIFT NO. 12 FROM THE COUCH ON THE

13 LEFT SIDE. YOU AGAIN LISTED ANIMAL HAIRS; IS THAT CORRECT?

14 A. THAT’S CORRECT.

15 Q. WE DON’T KNOW WHETHER OR NOT THEY’RE DOG HAIRS OR

16 NOT, IS THAT RIGHT?

17 A. THAT’S CORRECT.

18 Q. BY THE WAY, YOU SAID YOU TOOK KNOWN DOG HAIRS FROM

19 I THINK YOU TOLD US LAYLA AND HOPI. HOW ABOUT CIELO?

20 MR. CLARKE: OBJECTION, MISSTATES THE EVIDENCE.

21 THE COURT: OVERRULED. I THINK WE’VE COVERED TWO DOGS.

22 YOU MAY ANSWER, MA’AM.

23 THE WITNESS: I PERSONALLY DID NOT COLLECT ANY DOG HAIR.

24

25 BY MR. FELDMAN:

26 Q. DID YOU LOOK AT DOG HAIRS THAT WERE IDENTIFIED TO

27 YOU AS BELONGING TO SEVERAL DIFFERENT DOGS OR BELONGING TO MORE

28 THAN ONE DIFFERENT DOGS?
6018
1 A. YES, I DID.

2 Q. DO YOU RECALL THE DOGS’ NAMES?

3 A. I CAN ONLY RECALL — OH, ACTUALLY I RECALL TWO

4 DOGS’ NAMES.

5 Q. PLEASE.

6 A. ONE WAS HOPI?

7 Q. YES.

8 A. AND ONE WAS DONNER.

9 Q. DONNER. HOW ABOUT CIELO?

10 A. NO.

11 Q. HOW ABOUT PRECIOUS?

12 A. NO.

13 Q. ITEM 79M, TAPE LIFT 13, YOU NOTED AGAIN SOME ANIMAL

14 HAIRS, IS THAT RIGHT?

15 A. THAT’S RIGHT.

16 Q. CAN’T TELL ME HOW MANY HAIRS?

17 A. NO.

18 Q. CAN’T TELL ME WHAT KIND OF ANIMAL?

19 A. THAT’S CORRECT.

20 Q. ITEM 140 — I’M SORRY, TAPE LIFT 79N COMING FROM

21 APPARENTLY EVIDENCE ITEM 143, THE COUCH, YOU LIST ANIMAL HAIRS

22 AGAIN; IS THAT CORRECT?

23 A. THAT’S CORRECT.

24 Q. AGAIN, DON’T KNOW HOW MANY?

25 A. RIGHT.

26 Q. DON’T KNOW WHETHER THEY’RE DOG HAIRS OR NOT?

27 A. CORRECT.

28 Q. ITEM 81A WAS A TOWEL THAT HAD, IN YOUR WORDS, A FEW
6019
1 ANIMAL HAIRS, IS THAT RIGHT?

2 A. YES. THAT’S CORRECT.

3 Q. WHAT NUMBER DID YOU MEAN TO COMMUNICATE WHEN YOU

4 USED THE WORD FEW?

5 A. MORE THAN TWO.

6 Q. AND LESS THAN?

7 A. FIVE.

8 Q. ITEM 81B, SAME TOWEL APPARENTLY, ANOTHER LIFT,

9 SEVERAL ANIMAL HAIRS, CORRECT?

10 A. IT SAYS NUMEROUS ANIMAL HAIRS.

11 Q. I’M SORRY, NUMEROUS. WHAT NUMBER DO YOU MEAN TO

12 COMMUNICATE WHEN YOU USE THE WORD “NUMEROUS”?

13 A. MORE THAN 20.

14 Q. WHAT COLOR WERE THE HAIRS?

15 A. I DIDN’T NOTE IT.

16 Q. MR. CLARKE DIDN’T ASK YOU TO MAKE CHARTS?

17 MR. CLARKE: OBJECTION, ARGUMENTATIVE.

18 THE COURT: SUSTAINED.

19 YOU NEED NOT ANSWER.

20

21 BY MR. FELDMAN:

22 Q. YOU DID NOT TAKE PICTURES OF ANY OF THESE HAIRS?

23 A. I DID TAKE PHOTOS OF SOME OF THE HAIRS BUT NOT

24 THESE PARTICULAR HAIRS.

25 Q. YOU ALSO DID LIFTS THAT YOU CALLED 81C, 81D, 81E,

26 CORRECT?

27 A. THAT’S CORRECT.

28 Q. AS TO 81C, YOU NOTED SEVERAL ANIMAL HAIRS, CORRECT?
6020
1 A. THAT’S CORRECT.

2 Q. AGAIN, THAT’S TWO TO FIVE ON YOUR EARLIER ANSWER,

3 CORRECT?

4 A. RIGHT.

5 Q. BUT WE DON’T KNOW ANY MORE ABOUT IT EXCEPT THEY’RE

6 SOMEPLACE IN EVIDENCE, CORRECT?

7 A. THAT’S CORRECT.

8 THE COURT: COUNSEL, WE’RE GOING TO TAKE THE AFTERNOON

9 BREAK.

10 LADIES AND GENTLEMEN, PLEASE REMEMBER THE

11 ADMONITION OF THE COURT NOT TO DISCUSS YOUR TESTIMONY AMONG

12 YOURSELVES NOR FORM OR EXPRESS ANY OPINIONS ON THE MATTER UNTIL

13 IT IS SUBMITTED TO YOU FOR DECISION.

14 HAVE A PLEASANT LUNCH. WE’LL SEE YOU OUTSIDE THE

15 DOOR AT HALF PAST 1:00. 1:30, PLEASE.

16

17 (AT 12:00 P.M. THE NOON RECESS WAS
TAKEN UNTIL 1:30 P.M. OF THE SAME DAY.)
18

19 –O0O–

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46 - Day 12- June 24th 2002 - Transcript criminal trial David Westerfield
44 - Day 12- June 24th 2002 - Transcript criminal trial David Westerfield