TRIAL DAY 12 – PART 4 – afternoon 2
SAN DIEGO, CALIFORNIA, MONDAY, JUNE 24, 2002, (afternoon 2)
WITNESSES:
Tanya Dulaney (criminalist in the trace evidence section, testified about hairs and fibers – Cross-examination continued)
Holly Ernest (Director of the forensics unit veterinary genetics Lab., testified about animal DNA, dog’s hair)
1 THE COURT: ALL RIGHT. WELCOME BACK. YOU LOOK LIKE
2 YOU’VE HAD YOUR BATTERIES CHARGED.
3 OKAY. MR. FELDMAN.
4 MR. FELDMAN: SO HAVE I.
5 Q. WELL, YOU’LL BE HAPPY TO KNOW WE’RE MOVING OUT OF
6 THE MOTOR HOME BUT WE’RE GOING TO THE HAIRS IN THE RESIDENCE.
7 SORRY.
8 DIRECTING YOUR ATTENTION TO 23B, CAN YOU TELL US,
9 PLEASE, WITH REGARD TO 23, WHAT DO YOU INDICATE 23B EVIDENCE IS?
10 A. 23B IS A BLUE MULTI-COLORED PILLOWCASE, AND I
11 BELIEVE THIS WAS COLLECTED FROM THE GARAGE OF MR. WESTERFIELD’S
12 HOME.
13 Q. DIRECTING YOUR ATTENTION, MA’AM, TO 23B-H, IT’S ONE
14 HAIR, IS THAT RIGHT?
15 A. NO. ACTUALLY, IT’S THREE HAIRS.
16 Q. WITH REGARD TO 23B HAIR ONE, THAT SOURCES FROM THE
17 PILLOWCASE FROM THE GARAGE, IS THAT RIGHT?
18 A. YES.
19 Q. YOU NOTED THAT IT WAS ABOUT 13 AND A HALF
20 CENTIMETERS IN LENGTH?
21 A. YES.
22 Q. YOU NOTED THAT IT WAS SIMILAR IN COLOR, CONTOUR,
23 DIAMETER AND LENGTH, IS THAT RIGHT?
24 A. YES.
25 Q. YOU SENT IT OFF FOR MITOCHONDRIAL D. N. A.
26 ANALYSIS, IS THAT RIGHT?
27 A. YES.
28 Q. YOU UNDERSTOOD THAT THERE WAS NO MATCH?
6074
1 A. YES.
2 Q. IS THAT CORRECT?
3 A. THAT’S CORRECT.
4 Q. DIRECTING YOUR ATTENTION TO THE — I THINK IT’S THE
5 SECOND HAIR, 23B-1, AGAIN, IT’S A HAIR FROM THE PILLOWCASE, IS
6 THAT RIGHT?
7 A. YES.
8 Q. YOU NOTED THAT IT’S ABOUT 9.5 CENTIMETERS IN
9 LENGTH?
10 A. THAT’S CORRECT.
11 Q. SIMILAR IN COLOR, CONTOUR, DIAMETER, LENGTH, ET
12 CETERA?
13 A. YES.
14 Q. YOU SENT IT OFF FOR MITOCHONDRIAL D. N. A.
15 ANALYSIS, IS THAT RIGHT?
16 A. YES.
17 Q. AND IT DID NOT MATCH, CORRECT?
18 A. THAT’S CORRECT.
19 Q. DIRECTING YOUR ATTENTION NOW TO 9C. 9 IS DESCRIBED
20 AS — EXCUSE ME — 9 IS DESCRIBED IN THE EVIDENCE LIST AS TWO
21 PILLOWCASES, ONE FITTED SHEET AND ONE FLAT SHEET.
22 AND THEN FIELD SERVICES UNIT REPORT INDICATES THESE
23 ITEMS ALL HAVE THE SAME TEAL-PURPLE-RED-BLACK-AND-TAN PATTERN,
24 AND THAT THIS ITEM WAS COLLECTED FROM THE BED.
25 DO YOU AGREE WITH ME SO FAR?
26 A. YES.
27 MR. DUSEK: OBJECTION, VAGUE AS TO WHICH BED.
28 THE COURT: BE SPECIFIC AS TO THE BED.
6075
1 BY MR. FELDMAN:
2 Q. CAN YOU PLEASE TELL ME WHICH BED?
3 A. THE BED IN MR. WESTERFIELD’S MASTER BEDROOM.
4 Q. ALL RIGHT.
5 WITH REGARD TO 9C-1, AND 9C-2, CAN YOU TELL ME
6 PLEASE WHAT’S 9C-1?
7 A. 9C IS THE NUMBER REFERRING TO THE FITTED SHEET FROM
8 THE BED, AND 9C-1 IS ONE OF THE TAPE LIFTS FROM THAT.
9 Q. SPECIFICALLY DIRECTING YOUR ATTENTION TO 9C-1, THAT
10 TAPE LIFT, WAS THAT A TAPE LIFT WHICH RESULTED IN A HAIR?
11 A. THERE WERE HAIRS ON THAT TAPE LIFT.
12 Q. AND WAS ONE OF THOSE HAIRS LIGHT BROWN?
13 A. YES.
14 Q. NOT SIMILAR?
15 A. YES. THAT’S CORRECT.
16 Q. MEANING NOT SIMILAR TO THE KNOWN STANDARDS OF
17 DANIELLE VAN DAM?
18 A. THAT’S CORRECT.
19 Q. AND WHEN I ASKED YOU EARLIER ABOUT HAIRS THAT WERE
20 NOT SIMILAR, SORRY, YOU UNDERSTOOD MY QUESTIONS TO MEAN NOT
21 SIMILAR TO THE STANDARDS OF DANIELLE VAN DAM, IS THAT RIGHT?
22 A. YES, I DID.
23 Q. 9C-2 YOU NOTED CAME FROM THE FITTED SHEET FROM THE
24 MASTER BEDROOM, IS THAT RIGHT?
25 A. YES.
26 Q. TWELVE AND A HALF CENTIMETERS IN LENGTH.
27 A. YES. THAT’S CORRECT.
28 Q. AND YOU CONCLUDED IT WAS NOT SIMILAR, CORRECT?
6076
1 A. YES. THAT’S CORRECT.
2 Q. MEANING NOT SIMILAR TO THE KNOWN STANDARDS OF
3 DANIELLE VAN DAM?
4 A. RIGHT.
5 Q. DIRECTING YOUR ATTENTION TO 9C-3.2, THIS IS A LIFT
6 FROM THE FITTED SHEET FROM THE MASTER BEDROOM?
7 A. CORRECT.
8 Q. YOU NOTED THAT IT WAS APPROXIMATELY 14 CENTIMETERS
9 IN LENGTH, IS THAT RIGHT?
10 A. YES.
11 Q. YOU CONCLUDED THAT IT WAS NOT SIMILAR?
12 A. THAT’S CORRECT.
13 Q. DIRECTING YOUR ATTENTION TO 9C3.3, THIS IS ANOTHER
14 LIFT FROM THE FITTED SHEET FROM THE MASTER BEDROOM, IS THAT
15 RIGHT, MA’AM?
16 A. YES. THAT’S CORRECT.
17 Q. YOU DESCRIBED IT AS 19 CENTIMETERS IN LENGTH?
18 A. YES.
19 Q. AND YOU CONCLUDED NOT SIMILAR, DIFFERENT IN COLOR?
20 A. RIGHT.
21 Q. WHAT COLOR WAS IT?
22 A. IT WAS LIGHT BROWN/BLOND.
23 Q. LIGHT BROWN OR BLOND.
24 COULD YOU TELL WHETHER IT WAS COLOR TREATED?
25 A. IT DID NOT APPEAR TO BE COLOR TREATED.
26 Q. DO YOU HAVE TO DO ANY SPECIAL TEST TO DETERMINE
27 WHETHER OR NOT THEY’RE COLOR TREATED OR DO YOU JUST MAKE THAT
28 OBSERVATION VISUALLY?
6077
1 A. YOU MAKE THAT OBSERVATION VISUALLY.
2 Q. ARE THERE TESTS YOU CAN DO TO DETERMINE WHETHER OR
3 NOT A HAIR HAS BEEN COLOR TREATED?
4 A. THERE ARE SOME TESTS, YES.
5 Q. WHAT KIND OF TESTS?
6 A. IF THE HAIR’S BEEN LIGHTENED BY BLEACHING, THERE’S
7 A DYE THAT YOU CAN PUT ON IT THAT WILL TURN THE HAIR — THE HAIR
8 WILL ABSORB THAT DYE AND THEN YOU CAN TELL THAT WAY. BUT THIS
9 TEST ALSO CAN MAKE THE HAIR PICK UP THE DYE IF IT’S BEEN SUN
10 BLEACHED AS WELL. SO IT’S NOT A REAL SPECIFIC TEST
11 AS FAR AS THE DYING OF THE HAIR, IT HAS SOME
12 CHARACTERISTICS WHEN YOU LOOK AT IT UNDER THE MICROSCOPE THAT
13 APPEAR UNNATURAL.
14 Q. ALL RIGHT.
15 Q. DIRECTING YOUR ATTENTION TO 89C-4.1, THIS IS
16 ANOTHER LIFT WHICH PRODUCED A HAIR, IS THAT RIGHT?
17 A. THAT’S CORRECT.
18 Q. ABOUT 14 — 13 .5 CENTIMETERS IN LENGTH, IS THAT
19 RIGHT?
20 A. RIGHT.
21 Q. YOU CONCLUDED IT WAS NOT SIMILAR, IS THAT RIGHT?
22 A. THAT’S CORRECT.
23 Q. CAN YOU TELL ME WHAT COLOR THAT HAIR WAS?
24 A. IT WAS ALSO BLOND.
25 Q. DIRECTING YOUR ATTENTION TO 9C-4.2, CAN YOU TELL ME
26 THAT’S A TAPE LIFT THAT COMES AGAIN FROM THE SAME GENERAL AREA
27 FROM THE FITTED SHEET, IS THAT RIGHT?
28 A. THAT’S CORRECT.
6078
1 Q. YOU NOTED IT AT FOUR CENTIMETERS IN LENGTH, IS THAT
2 RIGHT?
3 A. RIGHT.
4 Q. AND YOU CONCLUDED IT WAS NOT SIMILAR, CORRECT?
5 A. CORRECT.
6 Q. WHAT COLOR WAS IT?
7 A. IT WAS ALSO BLOND.
8 Q. I AM GOING TO CHANGE TO THE COMFORTER FROM THE DRY
9 CLEANERS, WHICH I THINK YOU DISCUSSED ON DIRECT EXAMINATION,
10 ITEM 93B.
11 93 IS DESCRIBED IN THE EVIDENCE LIST AS A
12 MULTI-COLORED COMFORTER, AND I BELIEVE YOU RECEIVED IT FROM
13 DETECTIVE TORGERSON, OR IT WAS RECEIVED FROM DETECTIVE TORGERSON
14 FROM THE CLEANERS?
15 A. THAT’S CORRECT.
16 Q. YOU GOT THE SHEETS THERE — OR I CAN SHOW YOU WHAT
17 YOU GOT.
18 A. YEAH, IF YOU COULD REFER ME TO THE PAGE.
19 Q. SURE. 42902, PAGE 42 OF 64?
20 A. OKAY.
21 Q. GOT IT?
22 A. YES.
23 Q. DIRECTING YOUR ATTENTION TO 93B, THAT’S A TAPE LIFT
24 THAT YOU TOOK FROM THE COMFORTER AT THE DRY CLEANERS, IS THAT
25 RIGHT, MA’AM?
26 A. THAT’S CORRECT.
27 Q. YOU DESCRIBED ITS LENGTH AS LONG?
28 A. RIGHT.
6079
1 Q. WHAT DOES THAT MEAN?
2 A. I DIDN’T PUT THE SPECIFIC LENGTH.
3 Q. WHY?
4 A. I DON’T KNOW WHY.
5 Q. OKAY.
6 YOU CONCLUDED THAT THE HAIR WAS NOT SIMILAR, IS
7 THAT RIGHT?
8 A. RIGHT.
9 Q. BUT THAT IT HAD BEEN TREATED?
10 A. YES. THAT’S CORRECT.
11 Q. WHAT COLOR WAS IT?
12 A. IT WAS BLOND.
13 Q. AND COULD YOU TELL, AGAIN TREATED, COULD YOU TELL
14 WAS IT DYED BLOND OR IS THE IT TO DARK, DARK TO LIGHT?
15 A. I DIDN’T NOTE IT IN THE NOTES.
16 Q. I’M SORRY, YOU DID NOT NOTE IT?
17 A. I DID NOT NOTE IT IN THE NOTES.
18 Q. ALL RIGHT.
19 DIRECTING YOUR ATTENTION NOW TO 6A, 6A IS DESCRIBED
20 AS PORTIONS OF THE CLOTHING THAT CAME FROM THE TOP OF THE DRYER,
21 INCLUDING ONE LONG SLEEVE, GRAY, PIVOT RULE, SIZE LARGE GOLF
22 SHIRT, ET CETERA. I’LL TELL YOU YOUR PAGE NUMBER.
23 A. I HAVE IT.
24 Q. 60 OF 64?
25 A. YEAH.
26 Q. DIRECTING YOUR ATTENTION TO 6A-T, MA’AM, WHAT IS
27 THAT, PLEASE?
28 A. THIS WAS A BINDLE OF HAIRS THAT WAS COLLECTED BY
6080
1 CRIMINALIST DAVID CORNACCHIA.
2 Q. DID YOU REVIEW IT?
3 A. YES, I DID.
4 Q. AND YOU NOTED NUMEROUS DARK COLORED HAIRS, IS THAT
5 RIGHT?
6 A. YES.
7 Q. AND ONE LONG BLOND HAIR, IS THAT RIGHT?
8 A. YES.
9 Q. HOW LONG?
10 A. I DID NOT NOTE THAT IN MY NOTES.
11 Q. BECAUSE?
12 A. I DON’T KNOW.
13 Q. ALL RIGHT.
14 I’M SORRY, I MISSED SOMETHING. REDIRECTING YOUR
15 ATTENTION TO 92C, AGAIN 92C IS A MULTI-COLORED COMFORTER, I JUST
16 WAS TALKING TO YOU ABOUT IT, THAT CAME FROM DETECTIVE TORGERSON
17 VIA MR. SORIANO FROM THE CLEANERS. GOT IT?
18 A. YES.
19 Q. YOU NOTED THIS WAS ONE LONG BLOND HAIR, IS THAT
20 RIGHT?
21 A. ARE YOU REFERRING TO 92C-HI OR 92C-HS?
22 Q. HF
23 A. HF, OKAY. YES.
24 Q. WITH REGARD TO 92-HF, HOW DO YOU DESCRIBE THE HAIR?
25 A. IT’S BLOND, 15 AND A HALF CENTIMETERS.
26 Q. OKAY.
27 TIP?
28 A. TIP IS CUT.
6081
1 Q. AND YOU SENT THIS HAIR OFF TO — YOU SENT THIS HAIR
2 TO MITOCHONDRIAL D. N. A. ANALYSIS; IS THAT RIGHT?
3 A. THAT’S CORRECT.
4 Q. THERE WAS NO MATCH, CORRECT?
5 A. CORRECT.
6 Q. WELL, I THINK THAT’S ALL FOR THE HAIRS.
7 BUT WE HAVE FIBERS. I’M JUST GOING TO SWITCH
8 PAPERS HERE JUST FOR A MINUTE.
9 FIRST OF ALL, LET ME ASK YOU SOME QUESTIONS WITH
10 REGARD TO THE ISSUE OF FIBERS, MA’AM. WHAT’S A FIBER?
11 A. A FIBER IS — GENERALLY, WHEN YOU’RE TALKING ABOUT
12 AN EVIDENTIARY TERMS, IT’S A PORTION OF A TEXTILE THAT IS NOW
13 LOOSE, SUCH AS THE PORTION OF LIKE A GARMENT OR ANY OTHER
14 TEXTILED SURFACE; CARPET, DRAPERIES, THOSE TYPES OF THINGS.
15 Q. YOU WERE LOOKING AT — I THINK SOME OF YOUR
16 TESTIMONY INVOLVED CARPET FIBERS. HOW MANY MILLIONS OF TONS, IF
17 THAT’S THE RIGHT VOCABULARY, OF FIBERS ARE PRODUCED FOR PURPOSES
18 OF MANUFACTURING CARPET?
19 A. THERE ARE — THERE IS A LOT OF CARPET FIBERS
20 PRODUCED. I DON’T HAVE THE EXACT NUMBER, THOUGH.
21 Q. WHEN YOU SAY A LOT, CAN YOU DESCRIBE THE PROCESS OF
22 HOW THESE THINGS ARE MANUFACTURED?
23 A. WELL, THEY ALL HAVE A LITTLE BIT DIFFERENT TYPE OF
24 MANUFACTURING BUT, IN GENERAL, CHEMICALS ARE PUT INTO A BIG BIN
25 AND THEY MAY BE MELTED TOGETHER, EITHER WITH HEAT OR WITH
26 SOLVENTS, AND THEN IN SOME CASES THEY — THIS MELT MATERIAL IS
27 THEN DRIED AND BROKEN UP INTO CHIPS, AND THEN THESE CHIPS ARE
28 THEN — THAT’S PART OF THE MANUFACTURING PROCESS, AND THIS IS
6082
1 CALLED THE POLYMER. THEY’RE MAKING THE POLYMER. THIS IS WHAT
2 THE FIBERS ARE ACTUALLY MADE FROM.
3 SO THESE CHIPS THEN CAN BE EASILY SHIPPED AROUND,
4 AND THE COMPANIES MANUFACTURING THE ACTUAL FIBERS TAKE THESE
5 CHIPS AND AGAIN THEY CAN MELT THEM DOWN. AND THE MELTED
6 MATERIAL IS EXTRUDED THROUGH A SPINNERETTE, WHICH IS KIND OF
7 LIKE A SHOWER HEAD, AND SO THEN THE FIBERS ARE EXTRUDED LIKE
8 SPAGHETTI, AND THEY CAN BE PULLED SO THAT THEY CAN BE MADE
9 THINNER. AND IT ALSO WILL MAKE THE CROSS-SECTION AT THAT TIME.
10 DURING THIS PROCESS THEY CAN BE COLORED WHILE MELTED, OR THEN
11 AFTER THE FIBERS HAVE BEEN PULLED THEY CAN BE COLORED AT A LATER
12 TIME.
13 Q. HOW ABOUT — WELL, WHAT KIND OF COMPANIES MAKE
14 FIBERS, LIKE MATTEL? WHAT, 3M?
15 A. I THINK 3M MAKES FIBERS. DUPONTE MAKES FIBERS.
16 THERE’S A NUMBER OF COMPANIES THAT MAKE FIBERS.
17 Q. AND WHEN THESE COMPANIES MAKE THESE FIBERS THEY
18 MAKE THEM IN WHAT, MILES OF YARDS WORTH OF FIBER STRINGS, IS
19 THAT RIGHT?
20 A. THAT’S CORRECT.
21 Q. AND THEY MAKE THEM IN DIFFERENT LOTS, DON’T THEY?
22 A. YES.
23 THE COURT: GOTCHA, SARGE.
24 IT WASN’T YOU, MR. FELDMAN.
25 MR. FELDMAN: THAT’S TRUE. I DON’T KNOW WHAT IT WAS,
26 YOUR HONOR.
27 THE COURT: ALL RIGHT.
28 MR. FELDMAN: MY INSTINCTS.
6083
1 Q. YOU WERE JUST SAYING SOMETHING ABOUT THOUSANDS OF
2 MILES ALMOST OF FIBERS IN DIFFERENT LOTS; IS THAT CORRECT?
3 A. YES.
4 Q. WHAT’S A LOT?
5 A. I BELIEVE IT’S THE BATCH THAT’S GOING THROUGH THE
6 SPINNERETTE AT THE ONE TIME, AND THEN THEY ALSO SEPARATE ‘EM VIA
7 A DYE. SO IF THEY’RE GOING TO DYE IT AFTERWARDS, THEN THEY CAN
8 BE BROKEN UP INTO DYE LOTS.
9 Q. SO WE HAVE LOTS AND WE HAVE DYE LOTS, RIGHT?
10 A. YES.
11 Q. AND HOW MANY DIFFERENT COMPANIES PRODUCE THESE
12 CARPET FIBERS?
13 A. I’M NOT SURE. I THINK THERE’S PROBABLY FOUR OR
14 FIVE DIFFERENT COMPANIES.
15 Q. AND SPECIFICALLY DIRECTING YOUR ATTENTION TO THE
16 QUESTIONED CARPET FIBERS, WHO PRODUCED THEM?
17 A. I BELIEVE THEY’RE PRODUCED BY SHAW INDUSTRIES.
18 Q. SHAW INDUSTRIES?
19 A. UM-HMM.
20 Q. HOW MANY THOUSANDS OF MILES OF CARPET FIBER DID
21 SHAW INDUSTRIES PRODUCE?
22 A. THEY PRODUCE A LOT BUT I DIDN’T HAVE A NUMBER.
23 Q. YOU DIDN’T ASK?
24 A. I DID BUT THE PERSON DIDN’T GET BACK TO ME BEFORE
25 TRIAL.
26 Q. IS THAT TREATED AS A TRADE SECRET?
27 A. KIND OF, BUT THEY’LL GIVE INFORMATION TO FORENSIC
28 PEOPLE.
6084
1 Q. YOU MEAN LAW ENFORCEMENT?
2 A. YES.
3 Q. YOU THINK IT’S MADE BY SHAW INDUSTRIES. THE
4 PARTICULAR CARPET YOU WERE INTERESTED WAS THE CARPET FIBER THAT
5 CAME FROM DANIELLE VAN DAM’S RESIDENCE?
6 A. RIGHT.
7 Q. OR HER ROOM?
8 A. YES.
9 Q. WHAT COLOR WAS THE FIBER?
10 A. IT’S TAN.
11 Q. YOU’RE AWARE THAT SAN DIEGO COUNTY HAS BEEN
12 EXPERIENCING A HOUSING BOOM, RIGHT?
13 A. RIGHT.
14 Q. AND THAT THE SABRE SPRINGS DEVELOPMENT IS A
15 RELATIVELY NEW DEVELOPMENT, RIGHT?
16 A. YES.
17 Q. YOU KNOW THAT WHEN YOU BUY A NEW HOUSE YOU GOT TO
18 SELECT OUT THE CARPET, RIGHT?
19 A. RIGHT.
20 Q. AND THAT IF A PARTICULAR DEVELOPER IS SELLING A
21 PARTICULAR NUMBER OF HOUSES, THE DEVELOPER COMMITS YOU A LIMITED
22 SELECTION OF CARPETS FROM WHICH TO CHOOSE, CORRECT?
23 MR. CLARKE: OBJECTION, ASSUMES FACTS NOT IN EVIDENCE.
24 THE COURT: IF IT’S WITHIN YOUR PARTICULAR KNOWLEDGE AS
25 TO THE DEVELOPMENT OF THIS COMMUNITY YOU MAY ANSWER. IF NOT, SO
26 INDICATE.
27 THE WITNESS: I ASSUME IT WOULD BE LIKE THE OTHER HOUSING
28 DEVELOPMENTS.
6085
1 BY MR. FELDMAN:
2 Q. SO AT LEAST BASED ON YOUR EXPERIENCE WITH OTHER
3 HOUSING DEVELOPMENTS, THAT’S A FAIR STATEMENT?
4 A. YES.
5 Q. SO A NUMBER OF HOUSES IN THE VERY SAME HOUSING
6 DEVELOPMENT COULD THEREFORE THEORETICALLY HAVE THE SAME CARPET?
7 A. THEORETICALLY, YES.
8 Q. IS IT THE CASE THAT THE CARPET IN DANIELLE’S
9 BEDROOM APPEARED SIMILAR TO THE CARPET THROUGHOUT THE HOUSE?
10 A. I DON’T KNOW.
11 Q. DIDN’T CHECK?
12 A. NO. I DIDN’T EVER GO INTO THE VAN DAM’S HOUSE, SO
13 I DON’T KNOW WHAT THE CARPET WAS LIKE IN THE OTHER ROOMS.
14 Q. YOU DIDN’T HAVE, I DON’T KNOW, CARPET SAMPLES
15 AGAINST WHICH TO COMPARE?
16 A. NO. I DON’T BELIEVE THEY WERE SUBMITTED.
17 Q. NOW, THE NUMBER OF CARPET FIBERS THAT’S DEPICTED ON
18 THE CHARTS BEHIND YOU, THAT’S A FAIRLY SMALL NUMBER, ISN’T IT?
19 A. YES.
20 Q. AND YOU RECEIVED SPECIFIC TRAINING IN THE AREA OF
21 FIBER ANALYSIS, ISN’T THAT RIGHT?
22 A. THAT’S CORRECT.
23 Q. THAT TRAINING SPECIFICALLY INDICATED TO YOU, DID IT
24 NOT, THAT CAUTION IS NECESSARY WHENEVER THE EXAMINER INTERPRETS
25 A SMALL NUMBER OF FIBERS, ISN’T THAT RIGHT?
26 A. THAT’S CORRECT.
27 Q. AND THE REASON FOR THAT CAUTION IS BECAUSE OF THE
28 ISSUE OF TRANSFER; ISN’T THAT CORRECT?
6086
1 A. THAT’S ONE OF THE REASONS.
2 Q. WITH REGARD TO BOTH HAIR AND FIBERS, THERE IS THIS
3 LOCARD TRANSFER PRINCIPLE, ISN’T IT?
4 A. THAT’S CORRECT.
5 Q. AND ONE OF THE CONCERNS THAT THE FORENSIC COMMUNITY
6 HAS IS THAT THE FAILURE TO PACKAGE ITEMS IN SEPARATE BAGS CAN
7 LEAD TO REDISTRIBUTION AMONG GARMENTS; FOR INSTANCE, FIBERS OR
8 HAIRS, CORRECT?
9 A. YES — RIGHT.
10 Q. SO IF HYPOTHETICALLY I WAS TO TAKE A BUNCH OF
11 CLOTHING AND — NO, I’M NEVER GOING TO BE ABLE TO FIND THIS.
12 NEVER SAY NEVER.
13 DIRECTING YOUR ATTENTION TO WHAT’S BEEN PREVIOUSLY
14 MARKED 45, WE’VE BEEN TOLD THAT THIS IS THE CLOTHING THAT WAS
15 FOUND AT DAVID WESTERFIELD’S RESIDENCE.
16 DID YOU EVER SEE WHAT’S DEPICTED IN EXHIBIT 45?
17 A. HAVE I SEEN THOSE PHOTOGRAPHS?
18 Q. NO. ACTUALLY, I WAS WONDERING IF WHEN YOU WERE IN
19 THE HOUSE YOU SAW — IF YOU WERE IN THE HOUSE YOU SAW THE
20 CLOTHING IN THE CONDITION AS DEPICTED IN EXHIBIT 45.
21 A. NO. I WAS IN THE HOUSE AT A LATER DATE.
22 Q. SO YOU NEVER SAW THE CLOTHES?
23 A. IN THAT CONDITION, NO.
24 Q. OKAY. SO IF ONE WERE TO TAKE THE CLOTHES, WE’LL
25 SAY IN THE DISHWASHER — I’M SORRY, THE WASHING MACHINE — AND
26 IT’S ALREADY MONDAY — TAKE A BIG BAG AND PUT ALL THE CLOTHES IN
27 ONE BAG, IS THAT GOOD SCIENCE?
28 A. WELL, IN THIS PARTICULAR CASE, SINCE THEY WERE
6087
1 ALREADY — THEY WERE ALREADY PACKAGED TOGETHER, IF YOU WILL, IN
2 THE WASHER, SO SEPARATING THEM OUT AFTER THIS ISN’T GOING TO
3 MAKE — WELL, WON’T MAKE ANY DIFFERENCE AS FAR AS WHICH ITEM HAD
4 WHAT HAIR OR WHAT FIBER ON IT BECAUSE THEY WERE ALREADY ALL
5 TOGETHER IN THE WASHER.
6 Q. BUT YOU’RE ASSUMING, ARE YOU NOT, A PRIMARY
7 TRANSFER?
8 MR. CLARKE: OBJECTION, VAGUE.
9 THE COURT: SUSTAINED. REPHRASE.
10 MR. FELDMAN: EXCUSE ME, YOUR HONOR.
11 Q. WHAT’S A PRIMARY TRANSFER?
12 A. A PRIMARY TRANSFER IS WHERE AN ITEM IS TRANSFERRED
13 FROM THE ACTUAL OWNER.
14 FOR EXAMPLE, IF MY HAIR WERE TO FALL ON THE COURT
15 REPORTER’S SWEATER, THAT WOULD BE A PRIMARY TRANSFER.
16 Q. WHAT’S THE SECONDARY TRANSFER?
17 A. SECONDARY TRANSFER WOULD BE IF THE COURT REPORTER
18 THEN TRANSFERRED MY HAIR TO SOMEONE ELSE IN THE COURTROOM. THAT
19 WOULD BE A SECONDARY TRANSFER.
20 Q. AND ON AND ON?
21 A. AND ON AND ON.
22 Q. SO MERELY BECAUSE OF FIBER OR A HAIR MIGHT BE ON A
23 PARTICULAR PIECE OF CLOTHING DOESN’T MEAN THAT IT WAS ORIGINALLY
24 THERE, ISN’T THAT TRUE?
25 A. THAT’S CORRECT.
26 Q. COULD HAVE COME FROM SOME OTHER PLACE, COULDN’T IT?
27 A. WELL, IT COULD HAVE — ARE YOU SPECIFICALLY
28 REFERRING TO EACH ITEM?
6088
1 Q. NO. I’M JUST ASKING GENERALLY.
2 A. IN GENERAL, THAT THE HAIRS OR FIBERS THAT I FOUND
3 ON THE CLOTHING ITEMS MAY HAVE COME FROM SOME OTHER SOURCE LIKE
4 THAT MAY HAVE LEFT IT IN THE WASHER THE PREVIOUS TIME?
5 Q. OR THAT MAY HAVE BEEN ON THE FLOOR, THAT MAY HAVE
6 BEEN IN THE HOUSE A COUPLE OF DAYS EARLIER?
7 A. AND WOUND UP IN THE WASHER?
8 Q. YES.
9 A. THAT’S POSSIBLE.
10 Q. AND IF I WERE TO GO INTO YOUR HOUSE HYPOTHETICALLY
11 AND BE CLOSE TO YOUR WASHING MACHINE AND YOU WERE TO PUT YOUR
12 CLOTHES DOWN WHERE I JUST WAS, MIGHT YOU PICK UP SOME OF MY
13 PHYSIOLOGY AND PUT IT IN YOUR WASH?
14 A. POSSIBLE.
15 Q. WHAT IF I WAS BEHAVING IN A WILD MANNER, IF I WAS
16 PLAYING AROUND WITH MY BROTHER AND WE WERE RUNNING ALL OVER THE
17 HOUSE, MIGHT THAT CAUSE MORE OF A POTENTIAL TRANSFER OF
18 PHYSIOLOGY?
19 MR. CLARKE: OBJECTION, ASSUMES FACTS NOT IN EVIDENCE,
20 ALSO CALLS FOR SPECULATION.
21 THE COURT: SUSTAINED ON THE SECOND GROUND.
22 MR. FELDMAN: SPECULATION, YOUR HONOR?
23 THE COURT: YES.
24
25 BY MR. FELDMAN:
26 Q. REGARDLESS, IT’S THE CASE, ISN’T IT, EXTREME
27 CAUTION SHOULD BE EXERCISED BY THE EXAMINER, ESPECIALLY IF THE
28 CONTACT ESTABLISHED IS BASED ON A VERY SMALL NUMBER OF FIBERS?
6089
1 A. THAT’S CORRECT.
2 Q. AND IN PARTICULAR, WHEN YOU CANNOT ESTABLISH THE
3 SOURCE OF THE FIBERS, CORRECT?
4 A. IN MOST CASES, YES, THAT’S CORRECT.
5 Q. AMONG THE ISSUES OF FIBER TRANSFER INVOLVE WHAT
6 FIBERS IT IS THAT ARE TRANSFERRED, CORRECT?
7 A. YES.
8 Q. FOR INSTANCE, YOU MENTIONED THAT THE HAIR FIBERS
9 WHEN YOU CALLED THEM TRILOBAL, IS THAT RIGHT? I’M SORRY, THE
10 CARPET FIBERS?
11 A. YES.
12 Q. WITH REGARD TO CARPET FIBERS, IT’S TRUE, ISN’T IT,
13 VIRTUALLY ALL CARPET FIBERS ARE TRILOBAL?
14 A. NO. THAT’S NOT CORRECT.
15 Q. AREN’T THE VAST MAJORITY OF CARPET FIBERS TRILOBAL?
16 A. MOST OF THEM ARE BUT THERE’S A GOOD NUMBER THAT ARE
17 NOT.
18 Q. WHEN YOU SAY MOST, CAN YOU QUANTIFY THAT FOR ME BY
19 PERCENTAGE, 70, 60, 80?
20 A. NO. I CAN’T GIVE YOU A NUMBER. I’M NOT SURE OF
21 THE PERCENTAGE.
22 Q. BUT YOU KNOW THAT IT’S A MAJORITY?
23 A. PROBABLY, YES.
24 Q. YOU SAID THAT AT LEAST WITH REGARD TO SOME OF THE
25 COMPARISONS, YOU WERE GOING — YOU WENT TO FAYE SPRINGER. WAS
26 THAT ON HAIR OR WAS THAT ON FIBER ANALYSIS?
27 A. IT WAS ON FIBER AND ON THE ANIMAL HAIRS.
28 Q. ALL RIGHT.
6090
1 NOW, FAYE SPRINGER SHE’S A CRIMINALIST, ISN’T SHE?
2 A. THAT’S CORRECT.
3 Q. SHE TEACHES, DOESN’T SHE?
4 A. YES, SHE DOES.
5 Q. AND DID YOU HAVE ANYTHING TO DO WITH ANY OF THE
6 EVIDENCE COLLECTION IN THIS CASE?
7 MR. CLARKE: OBJECTION, ASKED AND ANSWERED.
8 THE COURT: I BELIEVE IT’S ALREADY BEEN COVERED BUT I’LL
9 ALLOW YOU TO ANSWER, MA’AM.
10 THE WITNESS: I’M NOT SURE WHAT YOU’RE REFERRING TO.
11
12 BY MR. FELDMAN:
13 Q. I’M SORRY, MAYBE I DIDN’T ARTFULLY PHRASE IT.
14 YOU TOLD US I THINK YOU WENT INTO THE MOTOR HOME, I
15 CAN’T REMEMBER WHETHER IT WAS THE 6TH OR THE 7TH?
16 A. THAT’S RIGHT.
17 Q. YOU PARTICIPATED IN THE EVIDENCE COLLECTION, IS
18 THAT RIGHT?
19 A. YES.
20 Q. DID YOU ALSO GO TO THE RECOVERY SCENE?
21 A. NO, I DID NOT.
22 Q. AS PART OF YOUR JOB IN COLLECTING EVIDENCE YOU’RE
23 CAREFUL NOT TO CONTAMINATE THE EVIDENCE, RIGHT?
24 A. YES.
25 Q. AND YOU’VE BEEN TAUGHT MANNERS IN WHICH YOU
26 SHOULDN’T CONTAMINATE EVIDENCE, RIGHT?
27 A. YES.
28 Q. HAVE YOU BEEN TAUGHT ALSO BY FAYE SPRINGER?
6091
1 A. YES, I HAVE.
2 Q. DID YOU READ HER CHAPTER IN ANY BOOKS THAT SHE MAY
3 HAVE PUBLISHED OR BE PUBLISHED IN?
4 A. I DON’T RECALL SPECIFICALLY.
5 Q. HOW ABOUT FORENSIC EXAMINATION OF FIBERS BY JAMES
6 ROBERTSON AND MICHAEL GREEVE, ARE YOU FAMILIAR WITH THAT BOOK?
7 A. I BELIEVE I’VE READ THAT.
8 (MARKED FOR ID: = TRIAL EX. 132 – PHOTO FROM TEXTBOOK)
9 MR. FELDMAN: I’D LIKE TO HAVE MARKED A PHOTOGRAPH.
10 THE COURT: IT WILL BE 132.
11
12 BY MR. FELDMAN:
13 Q. NOW, ROBERTSON AND GREEVE, THAT’S KIND OF THE
14 SOURCE BOOK, THE TEXTBOOK ON FIBER ANALYSIS, ISN’T IT?
15 A. THAT’S ONE OF THEM, YES.
16 Q. AND WHEN YOU’RE EDUCATED IN FIBER AND FIBER
17 ANALYSIS YOU’RE TAUGHT WHATEVER APPROPRIATE PROCEDURES IN
18 PROTECTING AGAINST CONTAMINATION; ISN’T THAT CORRECT?
19 A. THAT’S CORRECT.
20 Q. AND FAYE SPRINGER IS ONE OF THOSE TEACHERS, RIGHT?
21 A. YES.
22 Q. YOU’RE AWARE SHE WROTE ONE OF THE CHAPTERS IN THE
23 GREEVE BOOK, RIGHT?
24 A. YES.
25 Q. YOU’RE AWARE THAT HER RECOMMENDATION WAS THAT WHEN
26 YOU COLLECT EVIDENCE YOU WEAR PROTECTIVE CLOTHING; ISN’T THAT
27 CORRECT?
28 A. YES.
6092
1 Q. DIRECTING YOUR ATTENTION TO WHAT’S BEEN MARKED 132,
2 IS 132 A PHOTOGRAPH THAT — A XEROX COPY ACTUALLY OF A
3 PHOTOGRAPH THAT DEPICTS THE KIND OF CLOTHING ONE SHOULD WEAR
4 WHEN COLLECTING EVIDENCE?
5 A. YES.
6 Q. WE SEE IN 132 PROTECTIVE GLOVES, AND LOOKS LIKE
7 SOMETHING OVER THE HEAD AND AN — ALMOST LOOKS LIKE A JUMPSUIT,
8 DOESN’T IT?
9 A. YES.
10 Q. DID YOU WEAR ANYTHING LIKE THIS?
11 A. NO.
12 Q. DO YOU SEE ANY CRIMINALISTS OR EVIDENCE TECHS EVER
13 WEARING ANYTHING LIKE THIS?
14 A. NOT IN THE MOTOR HOME, NO.
15 Q. ANYWHERE?
16 A. THAT’S THE ONLY SCENE THAT I WENT TO.
17 Q. EVER?
18 MR. CLARKE: OBJECTION, VAGUE.
19 THE COURT: SUSTAINED.
20 YOU NEED NOT ANSWER.
21
22 BY MR. FELDMAN:
23 Q. AND, OF COURSE, YOU WOULD AGREE, WOULDN’T YOU, WITH
24 THE PROPOSITION THAT INVESTIGATORS COLLECTING EVIDENCE SHOULD
25 WEAR DISPOSABLE GLOVES AND PROTECTIVE OUTER CLOTHING?
26 A. WHEN NECESSARY, YES.
27 Q. TO AVOID CONTAMINATION, RIGHT?
28 A. IT’S PARTLY TO PROTECT YOURSELF.
6093
1 Q. OH, YOU DON’T WANT TO — YOU’RE NOT CONCERNED ABOUT
2 CONTAMINATING THE CRIME SCENE, YOU’RE ONLY CONCERNED ABOUT
3 CONTAMINATING YOURSELF?
4 MR. CLARKE: OBJECTION, COUNSEL’S ARGUING WITH THE
5 WITNESS.
6 THE COURT: SUSTAINED. REPHRASE THE QUESTION.
7
8 BY MR. FELDMAN:
9 Q. IS IT THE CASE THAT YOU’RE MORE CONCERNED ABOUT
10 CONTAMINATING YOURSELF THAN YOU ARE THE CRIME SCENE IN YOUR
11 PROCESS OF COLLECTION OF EVIDENCE?
12 A. YOU’RE CONCERNED WITH BOTH THINGS.
13 Q. SPECIFICALLY DIRECTING YOUR ATTENTION TO THE PERIOD
14 OF TIME WHEN YOU WERE IN THE MOTOR HOME, WERE YOU CONCERNED
15 ABOUT CONTAMINATING THAT SCENE?
16 A. NO, I WASN’T.
17 Q. IS THAT BECAUSE OTHERS HAD ALREADY PRECEDED YOU IN
18 THE SCENE?
19 A. NO. IT’S BECAUSE I WAS NEVER IN AN ENVIRONMENT
20 WHERE I COULD CONTAMINATE IT WITH EVIDENCE THAT WOULD BE
21 PROBATIVE.
22 Q. OH, SO YOU MEAN TO SAY THAT IF HYPOTHETICALLY THERE
23 WAS A HAIR ON THE CARPET HERE IN THE COURTROOM, AND I STEPPED IN
24 IT AND I TOOK FOUR STEPS TOWARD THE JURY BOX, I WOULDN’T
25 ESSENTIALLY CONTAMINATE THAT HAIR BY MOVING IT FROM THE ORIGINAL
26 POINT TO THE NEXT POINT?
27 MR. CLARKE: OBJECTION, VAGUE.
28 THE COURT: SUSTAINED.
6094
1 BY MR. FELDMAN:
2 Q. ASSUME HYPOTHETICALLY, IF YOU WOULD, THAT THERE WAS
3 A HAIR BY THE MAR — BY THE SHERIFF, AND THAT I STEPPED ON THE
4 HAIR AND THAT I TOOK THREE STEPS AND WALKED — THE HAIR GOT
5 STUCK TO MY SHOE, AND I WALKED TO THE PODIUM, AND THAT YOU LATER
6 CAME IN AND FOUND THAT HAIR THAT STARTED AT THE SHERIFF. DOES
7 THAT HYPOTHETICAL EQUAL ANY FORM OF CONTAMINATION?
8 A. IN A BROAD SENSE OF THE WORD IT CAN BE, BUT
9 BASICALLY IT’S A TRANSFER FROM ONE LOCATION TO ANOTHER.
10 Q. OKAY.
11 IS A TRANSFER FROM ONE LOCATION TO ANOTHER A FORM
12 OF CONTAMINATION?
13 A. IT CAN BE.
14 Q. IS IT THE CASE THAT MERELY BECAUSE YOU MIGHT FIND A
15 FIBER OR A HAIR IN A PARTICULAR LOCATION THAT IT COULD SOURCE
16 FROM SOMEWHERE ELSE?
17 MR. CLARKE: OBJECTION, ASKED AND ANSWERED.
18 THE COURT: SUSTAINED.
19
20 BY MR. FELDMAN:
21 Q. WITH REGARD TO THE CARPET FIBERS, WHAT TEST DID YOU
22 PERFORM, MA’AM?
23 A. I EXAMINED THE FIBERS WITH CLOSER MICROSCOPY AND I
24 EXAMINED THE FIBERS WITH INFRARED SPECTROMETRY, AS I TOLD YOU
25 EARLIER. THEN I DID THE SIDE-BY-SIDE COMPARISON WITH THE
26 COMPARISON MICROSCOPE WITH THE FIBERS FROM DANIELLE VAN DAM’S
27 BEDROOM.
28 Q. NOW, THERE’S ANOTHER KIND OF TEST CALLED THE
6095
1 FLUORESCENCE TEST, IS THAT RIGHT?
2 A. THAT’S RIGHT.
3 Q. YOU COULDN’T DO THE FLUORESCENCE TEST IN THIS CASE,
4 COULD YOU?
5 A. NO.
6 Q. BECAUSE YOU MOUNTED THE FIBERS ON SOMETHING THAT
7 WAS FLUORESCENT; IS THAT CORRECT?
8 A. THAT’S CORRECT.
9 Q. COULDN’T YOU UNMOUNT THE FIBERS AND PUT ‘EM
10 SOMEPLACE THAT THEY WEREN’T IN A FLUORESCENT ENVIRONMENT?
11 A. NO, BECAUSE THE MATTING MEDIA WAS ABSORBED BY THE
12 FIBERS AND THEREFORE, ABSORBED SOME OF THE FLUORESCENCE FROM
13 THAT MOUNTING MEDIA.
14 Q. SO ONE OF THE TESTS THAT FIBER EXAMINERS UTILIZE,
15 YOU AGREE, IS THE FLUORESCENCE TEST. YOU JUST COULDN’T USE IT
16 IN THIS CASE; IS THAT CORRECT?
17 A. THAT’S CORRECT.
18 Q. HAD YOU PERFORMED THAT TEST, IN THEORY YOU COULD
19 HAVE EXCLUDED, DEPENDING ON THE RESULTS, A PARTICULAR CARPET
20 FIBER, ISN’T THAT TRUE?
21 MR. CLARKE: OBJECTION, CALLS FOR SPECULATION.
22 THE COURT: SUSTAINED.
23 YOU NEED NOT ANSWER.
24
25 BY MR. FELDMAN:
26 Q. THERE’S ANOTHER TEST CALLED THE MELTING POINT TEST;
27 IS THAT CORRECT?
28 A. THAT’S CORRECT.
6096
1 Q. YOU DIDN’T PERFORM THE MELTING TEST — THE MELTING
2 POINT TEST EITHER IN THIS CASE, DID YOU?
3 MR. CLARKE: OBJECTION, RELEVANCE.
4 THE COURT: OVERRULED.
5 YOU CAN ANSWER.
6 THE WITNESS: NO. WE DON’T TYPICALLY PERFORM DESTRUCTIVE
7 TESTING ON THE FIBERS IF WE CAN AVOID IT.
8
9 BY MR. FELDMAN:
10 Q. DO YOU HAVE THE EQUIPMENT IN THE SAN DIEGO COUNTY
11 SHERIFF’S — I’M SORRY, IN THE SAN DIEGO POLICE DEPARTMENT CRIME
12 LAB THAT PERMITS YOU TO PERFORM THE MELTING POINT TEST?
13 A. YES.
14 Q. AND ABOUT HOW MANY CARPET FIBERS DID YOU HAVE?
15 A. ARE YOU TALKING ABOUT EVIDENTIARY CARPET FIBERS?
16 Q. YES, MA’AM.
17 A. THERE WERE FIVE.
18 Q. AND YOU HAD LOOKED AT THEM AND YOU CONCLUDED THEY
19 WERE SIMILAR, THOSE FIVE; IS THAT CORRECT?
20 A. YES.
21 Q. YOU CONCLUDED THEN IT WOULDN’T BE A GOOD IDEA TO
22 APPLY THE MELTING POINT TEST ON ONE OF THOSE BECAUSE IT MIGHT
23 HAVE GOT DESTROYED?
24 A. WELL, I WOULD HAVE HAD TO APPLY IT ON ALL OF THEM.
25 Q. WHY?
26 A. SINCE THEY CAME — EACH FIBER HAS TO BE TREATED
27 SEPARATELY, SO I CAN’T PERFORM ONE TEST AND THEN ASSUME THAT
28 THEY’RE ALL THE SAME AS THAT. I WOULD HAVE TO PERFORM THE SAME
6097
1 TEST ON EACH FIBER SEPARATELY.
2 Q. WHAT IS THE MELTING POINT TEST ANYWAY?
3 A. THE MELTING POINT TEST IS WHEN YOU PLACE THE FIBER
4 IN A GLASS LIGHT AND YOU HEAT IT UP AND YOU LOOK AT IT UNDER THE
5 MICROSCOPE AS YOU’RE HEATING IT WITH A CONTROLLED HEATING SYSTEM
6 SO YOU CAN KEEP TRACK OF THE TEMPERATURE, AND AT THE TEMPERATURE
7 THAT THE FIBER MELTS, THAT’S CONSIDERED ITS MELTING POINT.
8 Q. WHY IS THAT CONSEQUENTIAL, IF AT ALL?
9 A. DIFFERENT FIBERS TYPES — DIFFERENT FIBER TYPES,
10 NYLON, POLYESTER AND SO ON HAVE DIFFERENT MELTING POINTS. SO
11 IT’S ONE WAY TO DISCRIMINATE BETWEEN TYPES OF FIBERS.
12 MR. FELDMAN: YOUR HONOR, I NEED A MOMENT. I’M TRYING TO
13 FIND SOMETHING AND I’M NOT FINDING IT, SO I’M SORRY.
14 THE COURT: ALL RIGHT.
15 (PAUSE)
16
17 BY MR. FELDMAN.
18 Q. AMONG THE ISSUES THAT YOU NEED TO CONSIDER IN
19 EVALUATING OR MAKING FIBER ANALYSIS INVOLVES THE CONDITION AND
20 WEAR OF THE PARTICULAR FABRIC; IS THAT CORRECT?
21 A. YES, YOU CAN.
22 Q. WHETHER OR NOT THE CLOTH WHICH IS THE SOURCE OF THE
23 FIBER’S BEEN DAMAGED?
24 A. WELL, IF THERE’S CLOTH INVOLVED, YES.
25 Q. OR WHETHER OR NOT THE FIBER ITSELF HAS BEEN DAMAGED
26 IN ANY WAY; IS THAT RIGHT?
27 A. THAT’S RIGHT.
28 Q. AND DO FIBERS SHED?
6098
1 A. WELL, FIBERS DON’T REALLY SHED, BUT A TEXTILE
2 FABRIC WILL SHED — WILL SHED THE FIBERS FROM IT.
3 Q. I’M SORRY. WHAT DOES THAT MEAN, “A TEXTILE FABRIC
4 WILL SHED THE FIBERS”?
5 A. YOU KNOW, A FABRIC AS IT’S WORN WILL SHED. IT’S
6 JUST — IT’S PART OF THE BREAKDOWN PROCESS OF THE FIBER. SAME
7 AS THE CARPETS. AS YOU WALK ON THE CARPETS, EVENTUALLY THE
8 CARPET WILL WEAR OUT, AND WHAT’S HAPPENING AS IT WEARS OUT IS
9 THAT THE FIBERS ARE BREAKING AND THEY’RE BEING DISTRIBUTED
10 AROUND.
11 Q. AND IS IT THE CASE THAT THE NUMBER OF FIBERS THAT
12 CAN BE TRANSFERRED DEPENDS UPON, FOR INSTANCE, THE KINDS OF
13 SURFACES WITH WHICH THE FIBER COMES IN CONTACT?
14 A. THAT’S CORRECT.
15 Q. SO, FOR INSTANCE, IF I’M WEARING FLANNEL PAJAMAS,
16 AND I ROLL AROUND ON A BEDROOM FLOOR THAT’S GOT TRILOBAL, I
17 THINK YOU TOLD US, POLYESTER CARPETING, MIGHT I THEN CAUSE THOSE
18 TRILOBAL FIBERS TO ADD HAIR TO MY FLANNEL PAJAMAS?
19 A. YES, ABSOLUTELY.
20 Q. AND THEN IF I WALKED THOSE FLANNEL PAJAMAS
21 SOMEPLACE ELSE, THAT’S THE TRANSFERENCE YOU WERE TELLING US,
22 THAT POTENTIAL EXISTENCE, IS THAT RIGHT?
23 A. RIGHT. THERE’S A POTENTIAL THEN FOR THOSE FIBERS
24 TO BE THEN TRANSFERRED.
25 Q. AND IN YOUR ATTEMPT TO IDENTIFY THE PRESENCE OR
26 ABSENCE OF CARPET FIBERS, YOU ACTUALLY TAPE LIFTED DAVID
27 WESTERFIELD’S SHOES, DIDN’T YOU?
28 A. YES.
6099
1 Q. AND THE REASON YOU DID THAT IS BECAUSE IN YOUR
2 PROFESSIONAL EXPERIENCE ON OCCASION INDIVIDUALS WHO WALK ON
3 CARPET COLLECT UP IN THEIR SHOES CARPET FIBERS WHICH YOU CAN
4 THEN USE IN YOUR FORENSIC WORK, ISN’T THAT RIGHT?
5 A. IT’S CERTAINLY POSSIBLE.
6 Q. AND IN THIS CASE YOU APPLIED TAPE LIFTS — REMEMBER
7 HOW MANY PAIRS OF SHOES YOU APPLIED TAPE LIFTS TO, MA’AM?
8 A. TWENTY-FIVE.
9 Q. TWENTY-FIVE PAIRS OF SHOES?
10 A. YES.
11 Q. AND IN EACH OF THOSE INSTANCES YOUR PURPOSE WAS TO
12 TRY AND LOCATE SOMETHING THAT MIGHT LINK TO — THAT MIGHT
13 PROVIDE AN EVIDENTIARY VALUE TO YOU, IS THAT RIGHT?
14 A. THAT’S CORRECT.
15 Q. SOMETHING THAT WOULD PROVE DAVID WESTERFIELD WAS
16 EVER IN DANIELLE VAN DAM’S HOUSE, FOR INSTANCE, IS THAT RIGHT?
17 A. THAT’S CORRECT.
18 Q. AND WITH REGARD TO THAT ANALYSIS, YOU WERE CAREFUL
19 TO UTILIZE THE BEST EVIDENTIARY TECHNIQUES YOU HAD AVAILABLE, IS
20 THAT RIGHT?
21 A. THAT’S CORRECT.
22 Q. YOU WERE CAREFUL NOT TO CAUSE ANY CONTAMINATION?
23 A. THAT’S CORRECT.
24 Q. DIRECTING YOUR ATTENTION TO WHAT’S BEEN PREVIOUSLY
25 MARKED 46, WE SEA IN “H” A NUMBER OF SHOES. ARE THESE SOME OF
26 THE SHOES THAT YOU APPLIED TAPE LIFTS TO?
27 A. YES.
28 Q. AND FROM WHAT YOU OBTAINED NEGATIVE RESULTS?
6100
1 A. BY NEGATIVE YOU MEAN THERE WERE NO FIBERS
2 CONSISTENT WITH DANIELLE’S CARPET?
3 Q. YES.
4 A. YES. THAT’S CORRECT.
5 Q. YOU’RE USING THE WORD CONSISTENT. ISN’T IT CORRECT
6 THAT AT LEAST ON YOUR TRAINING AND EXPERIENCE THE WORD
7 CONSISTENT ISN’T SUPPOSED TO BE USED FOR AN OPINION STATEMENT?
8 MR. CLARKE: SORRY, I MISSED THAT QUESTION. EXCUSE ME.
9 MR. FELDMAN: NO PROBLEM.
10 THE COURT: OPHELIA.
11 (RECORD READ)
12 MR. CLARKE: THANK YOU.
13 THE WITNESS: THAT’S AN OPINION, THAT YOU SHOULDN’T USE
14 THAT STATEMENT.
15
16 BY MR. FELDMAN:
17 Q. YOUR TRAINING USES THE WORD “COMMON” AS OPPOSED TO
18 CONSISTENT, DOESN’T IT?
19 A. USES THE WORD “COMMON,” IS THAT WHAT YOU’RE SAYING?
20 YES?
21 A. I DON’T RECALL THE USE OF THAT WORD WHEN DOING
22 FIBER COMPARISONS.
23 Q. YOU JUST TOLD ME YOU DON’T USE THAT WORD REFERRING
24 TO THE WORD COMMON, ISN’T THAT TRUE?
25 MR. CLARKE: OBJECTION, MISSTATES THE EVIDENCE.
26 THE COURT: SUSTAINED AND THE CONTEXT, REPHRASE.
27 MR. FELDMAN: I’M SORRY, YOUR HONOR.
28 THE COURT: GO AHEAD.
6101
1 BY MR. FELDMAN:
2 Q. SPECIFICALLY DIRECTING YOUR ATTENTION TO YOUR TRACE
3 EVIDENCE REPORT WHICH IS DATED I BELIEVE 4/4/02, YOU INDICATED
4 THAT YOU DID AN EXAMINATION OF SIX TAN CARPET FIBERS FOUND IN
5 THE MOTOR HOME.
6 DO YOU RECALL THAT?
7 A. YES.
8 Q. AND YOU RECALL THAT YOUR WRITTEN CONCLUSION WAS SIX
9 TAN CARPET FIBERS FOUND IN THE MOTOR HOME ARE SIMILAR TO THE
10 VICTIM’S CARPET AND COULD SHARE A COMMON SOURCE WITH THAT
11 CARPET.
12 DO YOU RECALL THAT?
13 A. YES.
14 Q. SO YOU DIDN’T SAY IT WAS CONSISTENT IN YOUR REPORT.
15 YOU SAID IT COULD SHARE A COMMON SOURCE, CORRECT?
16 A. YES.
17 MR. CLARKE: OBJECTION, I THINK COUNSEL’S ARGUMENT WITH
18 THE WITNESS.
19 THE COURT: OVERRULED. SHE SAID YES.
20 NEXT QUESTION.
21
22 BY MR. FELDMAN:
23 Q. YOU TOLD MR. CLARKE THAT THE FIBERS WERE CONSISTENT
24 WITH A PARTICULAR CARPET. THEY WERE ALSO CONSISTENT WITH ANY
25 NUMBER OF OTHER CARPETS, ISN’T THAT TRUE?
26 A. THAT’S TRUE.
27 Q. SO THERE’S NOT ONE REASONABLE — ONLY ONE
28 REASONABLE INTERPRETATION TO THAT EVIDENCE, THERE’S SEVERAL
6102
1 REASONABLE INTERPRETATIONS, ISN’T THAT TRUE?
2 A. WELL, EVEN IF IT SHARES — EVEN IF IT’S CONSISTENT
3 WITH OTHER CARPETS, ALL THE CARPETS COULD SHARE A COMMON SOURCE.
4 AS YOU POINTED OUT EARLIER, THERE’S A LOT OF CARPET MANUFACTURED
5 IN BATCHES, SO THEY COULD ALL SHARE A COMMON SOURCE.
6 Q. SO, IN OTHER WORDS, YOUR OPINION WITH REGARD TO
7 CARPET FIBERS IS NOT AN INDIVIDUALIZED OPINION LIKE THE D. N. A.
8 NUMBERS, FOR INSTANCE?
9 A. OH, ABSOLUTELY.
10 Q. WHEN YOU’RE SAYING “ABSOLUTELY” ARE YOU AGREEING OR
11 DISAGREEING?
12 A. I’M AGREEING WITH YOU.
13 Q. SO IT’S NOT AN INDIVIDUALIZING PRINCIPLE, IT’S A
14 POSSIBLE COMMONALITY PROPOSITION?
15 A. THAT’S CORRECT.
16 Q. BECAUSE YOU DON’T REALLY GET DOWN TO THE LITERALLY
17 ATOMS CONTAINED WITHIN THE FIBERS THAT YOU’RE LOOKING AT,
18 CORRECT?
19 A. THAT’S CORRECT.
20 Q. WITH REGARD TO ORANGE FIBERS, DID YOU IDENTIFY —
21 OR STRIKE THAT.
22 DID YOU EVALUATE ORANGE FIBERS?
23 A. I KNOW YOU — EXCUSE ME, I EVALUATED ONE ORANGE
24 FIBER.
25 Q. DID YOU DO A MICROSCOPIC ANALYSIS OF THAT FIBER?
26 MR. CLARKE: OBJECTION, BEYOND THE SCOPE.
27 THE COURT: OVERRULED. SHE MENTIONED IT ON DIRECT.
28 YOU MAY ANSWER, MA’AM.
6103
1 THE WITNESS: YES.
2
3 BY MR. FELDMAN:
4 Q. DID YOU MICROSCOPICALLY COMPARE AN ORANGE FIBER
5 AGAINST OTHER ORANGE FIBERS THAT YOU MAY HAVE LOCATED?
6 A. NO, I DID NOT.
7 Q. IN YOUR — YOU DID A TRACE EVIDENCE REPORT DATED
8 FEBRUARY THE 2ND, 2002, MA’AM?
9 MR. CLARKE: I’M SORRY. WAS THAT A QUESTION, YOUR HONOR?
10 THE COURT: I THINK SHE’S FINDING IT IN THE REPORT.
11 THE WITNESS: THE DATE I DID THE REPORT WAS THE 12TH.
12
13 BY MR. FELDMAN:
14 Q. THE REPORT’S DATED — I’M SORRY, MA’AM. I’M
15 LOOKING AT A REPORT THAT SAYS — IT LOOKS LIKE IT’S DATED 2/25.
16 I JUST WANT TO MAKE SURE WE’RE ON THE SAME PAGE HERE.
17 A. OKAY. IT’S A DIFFERENCE ONE. ALL RIGHT.
18 Q. OKAY.
19 A. UM-HMM.
20 Q. APPARENTLY THERE WERE SOME CARPET FIBERS THAT WERE
21 LOCATED — WELL, LET ME DO IT THIS WAY.
22 YOU LOOKED AT EVIDENCE ITEM 81 FROM PROPERTY TAG
23 850152, WHICH WAS A BLUE TOWEL COLLECTED FROM MR. WESTERFIELD’S
24 MOTOR HOME; IS THAT CORRECT?
25 A. THAT’S CORRECT.
26 Q. YOU ALSO LOOKED AT ITEM 82, SAME EVIDENCE TAG,
27 WHICH WAS A LIGHT BLUE TOWEL COLLECTED FROM MR. WESTERFIELD’S
28 MOTOR HOME?
6104
1 A. YES.
2 Q. AND YOU ALSO LOOKED AT A GREEN TOWEL COLLECTED FROM
3 MR. WESTERFIELD’S MOTOR HOME, IS THAT RIGHT?
4 A. RIGHT.
5 Q. YOU EXAMINED THEM FOR TRACE EVIDENCE, IS THAT
6 RIGHT?
7 A. THAT’S CORRECT.
8 MR. CLARKE: OBJECTION, ASKED AND ANSWERED.
9 THE COURT: I THINK WE’VE COVERED THIS, SO LET’S MOVE ON
10 TO SOMETHING NEW.
11 MR. FELDMAN: NOT HERE, JUDGE. SORRY.
12 THE COURT: ALL RIGHT.
13 MR. FELDMAN: THESE ARE FIBERS NOW, NOT HAIRS.
14 MR. DUSEK: COULD WE APPROACH THE BENCH ABOUT SCHEDULING?
15 THE COURT: YES, I THINK WE BETTER.
16 OPHELIA.
17 (THE FOLLOWING PROCEEDINGS WERE HELD
18 AT THE BENCH BETWEEN COURT AND COUNSEL:)
19 THE COURT: ALL RIGHT.
20 MR. CLARKE: I DISCUSSED THIS WITH MR. FELDMAN. I’VE HAD
21 A WITNESS FROM OUT OF TOWN THAT HAS TO BE PUT ON TODAY. IT’S A
22 FAIRLY BRIEF WITNESS BUT I’M CONCERNED ABOUT WHAT THE WORD
23 “BRIEF” MEANS NOW.
24 THE COURT: OKAY.
25 MR. FELDMAN: YOUR HONOR —
26 THE COURT: CAN WE HAVE THIS WITNESS COME BACK?
27 MR. FELDMAN: I TOLD MR. CLARKE, I UNDERSTAND THE
28 SCHEDULING. I SHOULD HAVE NO PROBME WITH IT I SAID TO HIM, AND
6105
1 I SAID TO YOUR HONOR I HAVE NO OBJECTION, YOU DO WHAT YOU WISH.
2 I DON’T CARE IF HE’S CALLED OUT OF ORDER, THE WITNESS IS CALLED
3 OUT OF ORDER. WHATEVER. WE’LL FACILITATE THE ISSUE. I’M HAPPY
4 TO DO IT.
5 THE COURT: DO YOU WANT TO PUT THE WITNESS ON NOW?
6 MR. CLARKE: THAT WOULD BE THE SAFEST WAY.
7 THE COURT: YOU WANT THIS WITNESS TO REMAIN BEHIND OR
8 JUST HAVE HER COME BACK TOMORROW MORNING?
9 MR. CLARKE: I THINK SHE CAN REMAIN HERE. IF THE NEXT
10 WITNESS IS BRIEF, WE’LL HAVE TIME.
11 THE COURT: OKAY.
12 (THE FOLLOWING PROCEEDINGS WERE HELD IN
OPEN COURT IN THE PRESENCE OF THE JURY:)
13
14 THE COURT: OKAY. MS. DULANEY, WE HAVE WHAT HAS BEEN
15 REPRESENTED AS A VERY BRIEF WITNESS WHO MUST TESTIFY THIS
16 AFTERNOON. SO WHAT WE’LL ASK YOU TO DO IS KINDLY PICK UP YOUR
17 THINGS HERE, WAIT OUTSIDE AND WE’LL CALL YOU RIGHT BACK AS SOON
18 AS WE GET BACK TO YOU, OKAY?
19 THE WITNESS: ALL RIGHT.
20
21 (WHEREUPON THE WITNESS ON THE STAND
22 STANDS DOWN AND LEAVES THE COURTROOM.)
23
24 MR. CLARKE: THANK YOU, YOUR HONOR.
25 THE COURT: MR. CLARKE.
26 MR. CLARKE: THANK YOU. HOLLY ERNEST.
27 ///
28 ///
6106
1 -HOLLY ERNEST, +
2 PLAINTIFF’S WITNESS, HAVING BEEN SWORN, TESTIFIED AS FOLLOWS:
3
4 THE COURT: PLEASE HAVE A SEAT, MA’AM.
5 THE WITNESS: THANK YOU.
6 THE CLERK: WOULD YOU PLEASE STATE YOUR NAME AND SPELL IT
7 FOR THE RECORD?
8 THE WITNESS: HOLLY, H-O-L-L-Y, ERNEST, E-R-N-E-S-T.
9
10 DIRECT EXAMINATION +
11 BY MR. CLARKE:
12 Q. GOOD AFTERNOON.
13 A. HI.
14 Q. WHO ARE YOU EMPLOYED BY?
15 A. UNIVERSITY OF CALIFORNIA AT DAVIS.
16 Q. AT ANY PARTICULAR DIVISION OR DEPARTMENT OF THE
17 UNIVERSITY?
18 A. YES. THE VETERINARY GENETICS LAB.
19 Q. IN PARTICULAR WHAT IS YOUR POSITION?
20 A. I’M DIRECTOR OF THE FORENSICS UNIT AND ALSO THE
21 WILDLIFE RESEARCH UNIT.
22 Q. ALL RIGHT. BY FORENSICS UNIT, WHAT PARTICULAR UNIT
23 IS THAT?
24 A. IT’S A UNIT THAT CONDUCTS D. N. A. ANALYSIS ON
25 SAMPLES THAT INVOLVE LEGAL CASES — ANIMAL SAMPLES.
26 Q. IS YOUR PARTICULAR FORENSICS UNIT AS WELL AS, I’M
27 SORRY, THE WILDLIFE RESEARCH PROGRAM PART OF THE SCHOOL OF
28 VETERINARY MEDICINE?
6107
1 A. THAT’S RIGHT.
2 Q. AT THE UNIVERSITY OF CALIFORNIA AT DAVIS?
3 A. CORRECT.
4 Q. WHAT TYPES OF SERVICES DOES THE VETERINARY GENETICS
5 LAB OFFER?
6 A. THE PRIMARY FUNCTION OF THE VETERINARY GENETICS LAB
7 IS TO ANALYZE ANIMAL SAMPLES FOR PARENTAGE, SO THAT’S TO
8 DETERMINE MOTHER AND FATHER RELATIONSHIPS OF AN OFFSPRING.
9 Q. WHO WOULD CLIENTS BE THAT WOULD SEEK THAT SERVICE?
10 A. THOSE TYPE OF CLIENTS COULD INCLUDE THE STANDARD
11 BRED HORSE GROUP, SO OFTEN PURE BRED HORSES, DOGS, CATS.
12 Q. DOES THE FORENSICS UNIT ALSO PROVIDE SERVICES IN
13 TERMS OF EXAMINING EVIDENCE ITEMS IN CRIMINAL CASES FOR D. N.
14 A.?
15 A. YES.
16 Q. COULD YOU DESCRIBE, IF YOU WOULD BRIEFLY, FOR THE
17 JURY YOUR FORMAL EDUCATIONAL BACKGROUND?
18 A. I HAD A BACHELORS DEGREE IN BIOLOGY AT CORNELL
19 UNIVERSITY, AND THEN I WENT ON TO GET A MASTERS DEGREE AT OHIO
20 STATE UNIVERSITY IN VETERINARY PHYSIOLOGY AND PHARMACOLOGY.
21 FROM THERE I RECEIVED MY DOCTOR OF VETERINARY MEDICINE DEGREE AT
22 THE OHIO STATE UNIVERSITY. AND THEN FOLLOWING SIX YEARS IN
23 VETERINARY PRACTICE, I MOVED ON TO GET A PHD, THAT’S A DOCTOR OF
24 PHILOSOPHY IN ECOLOGY, SPECIALIZING IN ECOLOGICAL GENETICS.
25 Q. ECOLOGICAL GENETICS?
26 A. THAT’S RIGHT.
27 Q. BRIEFLY COULD YOU DESCRIBE THAT?
28 A. FOR THAT I ANALYZED SAMPLES FROM MOUNTAIN LIONS FOR
6108
1 D. N. A.
2 Q. SO YOU’RE A VETERINARIAN?
3 A. THAT’S RIGHT.
4 Q. AND ALSO HAVE A PHD DEGREE; IS THAT CORRECT?
5 A. THAT’S RIGHT.
6 Q. ARE YOU CONSULTED BY ANY FEDERAL AGENCIES AS A
7 RESULT OF YOUR EXPERTISE?
8 A. I HAVE BEEN CONSULTED BY THE U.S. FISH AND WILDLIFE
9 SERVICE, BY THE CALIFORNIA DEPARTMENT OF FISH AND GAME AND
10 VARIOUS OTHER FEDERAL AND STATE AGENCIES.
11 Q. AS FAR AS THE LABORATORY’S TESTING OF FORENSIC
12 SAMPLES, AGAIN, EVIDENCE IN CRIMINAL CASES, DOES THAT INCLUDE
13 HAIRS FROM ANIMALS?
14 A. YES.
15 Q. DID YOUR LABORATORY RECEIVE EVIDENCE IN A CASE
16 INVOLVING THE DISAPPEARANCE OF A YOUNG GIRL NAMED DANIELLE VAN
17 DAM?
18 A. YES.
19 Q. CAN YOU DESCRIBE FOR US, FIRST OF ALL, DID THE
20 LABORATORY ACTUALLY RECEIVE HAND DELIVERED EVIDENCE ON A
21 PARTICULAR DAY?
22 A. YES. AND I’LL REFER TO MY NOTES IF THAT’S OKAY.
23 Q. THAT’S FINE.
24 A. ALL RIGHT.
25 Q. IF YOU COULD, JUST WHAT WOULD ASSIST US IS TO
26 DESCRIBE WHAT THOSE NOTES ARE WHEN YOU’RE REFERRING TO THEM.
27 A. OKAY. THE PACKET OF NOTES I HAVE HERE ARE ONES
28 THAT I GAVE COPIES TO YOU, SO THAT INCLUDES A LETTER DATED JUNE
6109
1 11TH, 2002, TO YOU FROM ME OUTLINING THE RESULTS OF THE SAMPLE.
2 Q. ALL RIGHT.
3 A. THE SAMPLES, EXCUSE ME.
4 Q. LET’S TALK FIRST ABOUT ON WHAT DATE THE ORIGINAL
5 SAMPLES WERE SENT TO THE LABORATORY. I’M SORRY, HAND DELIVERED.
6 A. OKAY. ON APRIL 18TH, 2002, WE RECEIVED THE FIRST
7 PACKET OF SAMPLES, AND THEY INCLUDED THREE CARDBOARD SLIDE
8 HOLDERS CONTAINING SEVEN SLIDES OF MOUNTED HAIRS, DELIVERED BY
9 CRIMINALIST TANYA DULANEY FOR THE PURPOSE OF NUCLEAR
10 MICROSATELLITE D. N. A. TESTING.
11 Q. I’M GOING TO STOP YOU FOR A MOMENT. NUCLEAR
12 MICROSATELLITE TESTING?
13 A. THAT’S RIGHT.
14 Q. THIS JURY HAS HEARD REFERENCE TO NUCLEAR D. N. A.
15 AND MITOCHONDRIAL D. N. A., YOU’VE USED THE TERM D. N. A.; IS
16 THAT RIGHT?
17 A. THAT’S RIGHT.
18 Q. IS THAT THE TYPE OF TESTING, NUCLEAR TESTING?
19 MR. FELDMAN: SHE USED THE TERM NUCLEAR SATELLITE.
20 THE COURT: CLARIFY IT, COUNSEL.
21 MR. DUSEK: SURE. I’LL BE GLAD TO.
22
23 BY MR. CLARKE:
24 Q. NUCLEAR D. N. A. IS THE TYPE OF TESTING YOU CONDUCT
25 IN THE LABORATORY, RIGHT?
26 A. THAT’S RIGHT.
27 Q. YOU ALSO USED AN ADDITIONAL TERM IN BETWEEN THOSE
28 TWO WORDS “MICROSATELLITE”?
6110
1 A. THAT’S RIGHT.
2 Q. CAN YOU GIVE US A BRIEF DESCRIPTION OF WHAT THAT
3 IS?
4 A. YES. MICROSATELLITE IS EQUIVALENT TO WHAT IN HUMAN
5 TESTING IS S. T. R., SHORT TANDEM REPEAT. THOSE ARE COMMON
6 MARKERS USED IN HUMAN CASES.
7 Q. ACTUALLY, THAT’S A TERM WE’VE HEARD PREVIOUSLY IN
8 THIS COURTROOM.
9 I BELIEVE YOU WERE DESCRIBING THE EVIDENCE YOU
10 RECEIVED. YOU DESCRIBED SOME CARDBOARD HOLDERS WITH SLIDES, IS
11 THAT RIGHT?
12 A. THAT’S RIGHT.
13 Q. WERE ANY OF THOSE IDENTIFIED TO YOU AS INVOLVING
14 HAIRS; IN PARTICULAR, 18 HAIRS FROM AN ITEM NO. 13A?
15 A. THAT’S RIGHT.
16 Q. DID THAT RECEIVE A NUMBER IN YOUR LABORATORY, THAT
17 EVIDENCE ITEM, THOSE 18 HAIRS?
18 A. YES. THAT ITEM RECEIVED OUR — THE VET GENETICS
19 LAB I.D. IS N. C. D. 2907.
20 Q. DID YOU ALSO RECEIVE HAIRS ON SLIDES LABELED “TWO
21 SLIDES FROM ITEM NO. 74”?
22 A. YES.
23 Q. DID YOU PROVIDE YOUR LABORATORY THEN — ATTACH A
24 NUMBER TO THAT ITEM?
25 A. N. C. D. 2908.
26 Q. DID YOU ALSO RECEIVE ON THAT SAME DATE WHAT WERE
27 IDENTIFIED OR WHAT WAS IDENTIFIED AS ONE HAIR FROM ITEM NO. 155?
28 A. YES.
6111
1 Q. AND WAS THAT LABELED BY YOUR LABORATORY?
2 A. YES. N. C. D. 2909.
3 Q. NOW, DID THERE COME A LATER DATE WHEN YOUR
4 LABORATORY RECEIVED ADDITIONAL ITEMS BY WAY OF SHIPMENT?
5 A. YES.
6 Q. CAN YOU DESCRIBE FOR US WHEN THAT WAS RECEIVED?
7 A. ON APRIL 29TH, 2002, WE RECEIVED A BUCCAL SWAB.
8 THAT’S A CHEEK SWAB FROM A DOG NAMED LAYLA FROM THE VAN DAM
9 HOUSEHOLD, AND THAT WAS ASSIGNED TO THE VET CLINIC’S CASE NUMBER
10 N. C. D. 2967.
11 Q. YOU’VE USED A NEW TERM “BUCCAL.” IS THAT, FIRST OF
12 ALL, B-U-C-C-A-L?
13 A. THAT’S RIGHT.
14 Q. WHAT DOES IT MEAN?
15 A. IT MEANS TAKING A SWAB FROM THE INSIDE OF A CHEEK
16 OF AN ANIMAL.
17 Q. ALL RIGHT.
18 AND ONCE YOUR LABORATORY RECEIVED THAT PARTICULAR
19 ITEM WHAT WAS DONE WITH IT?
20 A. THAT ITEM WAS KEPT INTACT WITH THE SEALS INTACT AND
21 PLACED IN A LOCKED FREEZER TO AWAIT TESTING BASED ON YOUR
22 COMMUNICATIONS WITH US.
23 Q. WAS THAT AN ITEM THAT — CAN THAT BE REFERRED TO AS
24 A KNOWN SAMPLE?
25 A. YES.
26 Q. WAS THAT AN ITEM THAT YOUR LABORATORY WAS ONLY
27 GOING TO TEST IF YOU ACTUALLY GOT RESULTS FROM THE EVIDENCE
28 ITEMS?
6112
1 A. THAT’S HOW WE WERE INSTRUCTED.
2 Q. NOW, DID YOU ALSO RECEIVE A THIRD DELIVERY OF
3 EVIDENCE ITEMS?
4 A. YES, ON —
5 Q. WHEN WAS THAT?
6 A. ON MAY 7TH, 2002, WE RECEIVED AN ENVELOPE AND THAT
7 WAS LABELED PT-850152, T. E.-T. D. 15.
8 Q. DID THAT INCLUDE HAIRS IDENTIFIED AS COMING FROM
9 THE ITEM NO. 93?
10 A. YES.
11 Q. WAS THAT GIVEN A VETERINARY GENETICS LAB NUMBER?
12 A. YES.
13 Q. WHAT?
14 A. N. C. D. 2988.
15 Q. DID THAT SHIPMENT ALSO INCLUDE ANOTHER PIECE OF
16 EVIDENCE — OR HAIR RATHER?
17 A. YES.
18 Q. WHAT WAS THAT?
19 A. THAT WAS A HOLDER CONTAINING A SLIDE WITH ONE HAIR
20 FROM ITEM 6, AND THAT WAS GIVEN THE VET GENETICS LAB NUMBER N.
21 C. D. 2989.
22 Q. DID YOUR LABORATORY THEN ATTEMPT — I’M SORRY —
23 ATTEMPT TO OBTAIN NUCLEAR D. N. A. FROM THOSE SETS OF HAIRS?
24 A. WE ATTEMPTED FROM ALL OF THE SAMPLES THAT I
25 MENTIONED ABOVE, EXCEPT THOSE BUCCAL SWABS BECAUSE WE WERE
26 DIRECTED NOT TO TEST THOSE.
27 Q. WITH WHAT RESULTS AS FAR AS THE ATTEMPTS TO EXTRACT
28 D. N. A. FROM THE ITEMS OF EVIDENCE?
6113
1 A. WE DID NOT GET ANY REPRODUCIBLE RESULTS.
2 Q. WHAT DOES THAT MEAN?
3 A. WHAT THAT MEANS FOR MOST OF THE SAMPLES WE DID NOT
4 GET A D. N. A. TYPE. THERE WAS ONE SAMPLE WHEN IT WAS RETESTED
5 AND PULLED WITH ANOTHER SAMPLE THAT SOMEWHAT ARE CALLED ALLELES
6 OR GENETIC VARIANCE CAME UP ONCE BUT WERE NEVER REPRODUCIBLE.
7 Q. BY REPRODUCIBLE YOU MEAN YOU WERE ABLE TO GET THEM
8 AGAIN?
9 A. WE WERE UNABLE TO GET THEM AGAIN, SO THEREFORE THEY
10 WERE NOT REPRODUCIBLE.
11 Q. WHAT DOES REPRODUCIBILITY, THE ABILITY TO REPEAT
12 THEM, HOW DOES THAT IMPACT THE LABORATORY’S OBTAINING RESULTS
13 AND REPORTING THEM?
14 A. TO REPORT RESULTS WE NEED TO MAKE SURE THAT THEY’RE
15 ACCURATE AND REPRODUCTIONABLE, SO OBTAINING A D. N. A. RESULT ON
16 JUST ONE SAMPLE ONE TIME IS NOT ENOUGH FOR US TO BE SATISFIED
17 THAT THAT’S AN ACCURATE RESULT.
18 Q. IS THAT UNUSUAL FROM HAIRS FROM ANIMALS?
19 A. IT’S NOT UNUSUAL FROM HAIRS FROM ANIMALS TO NOT GET
20 REPRODUCIBLE RESULTS.
21 Q. WHERE ARE YOU ACTUALLY GETTING THE NUCLEAR D. N. A.
22 FROM ON THESE HAIRS?
23 A. WITH HAIRS WHAT YOU AIM FOR IS TO GET THE ROOT OF
24 THE HAIR WHICH CONTAINS D. N. A. AND IN THESE — DO YOU WANT ME
25 TO GO ON AS FAR AS THE QUALITY OF THESE HAIRS?
26 Q. THAT WAS WHAT MY NEXT QUESTION WAS GOING TO BE.
27 A. SO WITH THESE HAIRS TANYA DULANEY AND APPARENTLY A
28 FIBER EXPERT IN SACRAMENTO HAD DETERMINED THAT THEY WERE OF POOR
6114
1 QUALITY AS FAR AS THE ROOT. AND IN FACT, WHEN OUR TECHNICIAN
2 EXAMINED THEM, JUST UNDER A MAGNIFYING LENS, SHE WAS UNABLE TO
3 DISCERN ANY ROOTS, AND SO WE KNEW COMING OUT OF THEM THAT IT
4 WOULD BE UNLIKELY WE’D GET MUCH D. N. A. FROM THEM.
5 Q. WAS THAT BASICALLY CONFIRMED BY YOUR INABILITY TO
6 OBTAIN RESULTS?
7 A. THAT’S RIGHT.
8 MR. CLARKE: THANK YOU. I DON’T HAVE ANY MORE QUESTIONS,
9 YOUR HONOR.
10 THE COURT: CROSS-EXAMINATION?
11 MR. FELDMAN: NO QUESTIONS.
12 THE COURT: DOCTOR, YOU’RE GETTING OUT OF HERE WITHOUT
13 CROSS-EXAMINATION.
14 THE WITNESS: THANK YOU VERY MUCH.
15 THE COURT: YOU DON’T KNOW HOW REMARKABLE THAT TRULY IS.
16 IS THIS WITNESS TO BE EXCUSED?
17 MR. FELDMAN: IT SHOWS THE IMPORTANCE OF BEING “ERNEST.’
18 THE COURT: YES.
19 ALL RIGHT. DOCTOR, THANK YOU VERY MUCH FOR COMING
20 IN. YOU’RE FREE TO LEAVE THESE PROCEEDINGS. HOWEVER, YOU ARE
21 UNDER AN ADMONITION NOT TO DISCUSS YOUR TESTIMONY WITH ANY
22 PERSONS UNTIL THE MATTER’S CONCLUDED.
23 THE WITNESS: THANK YOU.
24 THE COURT: ALL RIGHT. THANK YOU VERY MUCH.
25 MR. CLARKE: THANK YOU, YOUR HONOR.
26 THE WITNESS: THANK YOU.
27 THE COURT: DO YOU WANT TO INVITE MS. DULANEY BACK IN?
28 ///
6115
1 BY MR. FELDMAN:
2 Q. OKAY?
3 A. YES.
4 MR. FELDMAN: PROCEED, YOUR HONOR?
5 THE COURT: YES.
6
7 BY MR. FELDMAN:
8 Q. I’M TRYING TO DIRECT YOUR ATTENTION TO PAGE TWO OF
9 TWO OF YOUR REPORT OF 2/25/02. YOU INDICATE THAT — I WAS JUST
10 ESTABLISHING THAT THERE WERE TOWELS THAT YOU WERE LOOKING AT
11 THAT CAME FROM MR. WESTERFIELD’S MOTOR HOME.
12 YOU ALSO HAD IDENTIFIED TWO HAIRS AND NOTED SOME
13 SIMILARITIES; THAT’S CORRECT, ISN’T IT?
14 A. YES.
15 Q. YOU ALSO FOUND CARPET FIBERS ON THE TOWELS, IS THAT
16 RIGHT?
17 A. THAT’S CORRECT.
18 Q. WITH REGARD TO THE CARPET FIBERS FOUND ON THE
19 TOWELS, YOU COMPARED THEM TO THE CARPET FIBERS COLLECTED FROM
20 THE VAN DAM’S BEDROOM, IS THAT RIGHT?
21 A. YES.
22 Q. YOU CONCLUDED THAT THEY WERE NOT SIMILAR, CORRECT?
23 A. THAT’S CORRECT.
24 Q. YOU ALSO COMPARED SHORTER ANIMAL HAIRS FROM THE
25 TOWELS TO APPARENTLY DOG STANDARDS, LAYLA’S DOG STANDARDS, IS
26 THAT RIGHT?
27 A. THAT’S RIGHT.
28 Q. YOU CONCLUDED THAT THEY WERE NOT SIMILAR, IS THAT
6116
1 RIGHT?
2 A. THAT’S RIGHT.
3 Q. WITH REGARD TO YOUR INITIAL OBSERVATIONS OF THE
4 MOTOR HOME, IS IT THE CASE THAT, ALTHOUGH THE MOTOR HOME WAS
5 FAIRLY TIDY, EVERYTHING WAS COVERED IN A FINE LAYER OF DUST?
6 A. YES. THAT’S WHAT I OBSERVED.
7 Q. THERE APPEARED TO BE NO AREAS INSIDE THE MOTOR HOME
8 THAT WERE RECENTLY CLEANED?
9 LET ME SAY THAT DIFFERENTLY. IS IT THE CASE THAT
10 THERE WERE NO AREAS INSIDE THE MOTOR HOME THAT APPEARED TO YOU
11 TO HAVE BEEN RECENTLY CLEANED?
12 A. THAT’S HOW IT APPEARED TO ME.
13 Q. THE CARPET DID NOT LOOK LIKE IT HAD BEEN RECENTLY
14 CLEANED; IS THAT CORRECT?
15 A. THAT’S CORRECT.
16 Q. AND THERE WERE MANY STAINS VISIBLE ON THE CARPET IN
17 ALL AREAS OF THE MOTOR HOME; IS THAT CORRECT?
18 A. THAT’S CORRECT.
19 Q. YOU, IN PARTICULAR, EXAMINED AN EXTERIOR STORAGE
20 AREA; IS THAT CORRECT?
21 A. YES.
22 Q. YOU APPLIED TO THE EXTERIOR STORAGE AREA SOME HIGH
23 INTENSITY LIGHTING; IS THAT CORRECT?
24 A. YES.
25 Q. WHAT WAS THE PURPOSE OF HIGH INTENSITY LIGHTING?
26 A. IT JUST HELPS YOU OBSERVE IF THERE’S ANY HAIRS OR
27 FIBERS OR BLOODSTAINS OR ANY OTHER THINGS THAT MAY BE MORE
28 VISIBLE WITH BRIGHTER LIGHT.
6117
1 Q. AND I THINK YOU ALSO NOTED YOU EXAMINED THE
2 EXTERIOR STORAGE AREA WITH HIGH INTENSITY LIGHTING AND WITH AN
3 ALTERNATE LIGHT SOURCE; IS THAT CORRECT?
4 A. YES.
5 Q. WHAT’S THE DIFFERENCE BETWEEN HIGH INTENSITY
6 LIGHTING AND AN ALTERNATE LIGHT SOURCE?
7 A. AN ALTERNATE LIGHT SOURCE PROVIDES A DIFFERENT TYPE
8 OF — SIMILAR TO ULTRAVIOLET LIGHT. SO IF THE ITEM THAT YOU’RE
9 LOOKING FOR HAS FLUORESCENCE, AND YOUR ULTRAVIOLET, THEN YOU’LL
10 BE ABLE TO SEE IT BY USING THAT LIGHT SOURCE.
11 Q. AND IT’S CORRECT THAT THERE WERE NO — YOU LOOKED
12 IN THE STORAGE AREA, YOU FOUND NO HAIRS, IS THAT RIGHT?
13 A. THAT’S CORRECT.
14 Q. THE STORAGE AREA, THAT WAS THE SAME STORAGE AREA IN
15 THE MOTOR HOME THAT HAD IN THE COMPARTMENT A SHOVEL, IS THAT
16 RIGHT.
17 A. YES. THAT’S CORRECT.
18 Q. SO I’M USING THE WORD “STORAGE AREA.” WITHIN THAT
19 STORAGE AREA WAS A SHOVEL, IS THAT RIGHT?
20 A. YES. THAT’S CORRECT.
21 Q. THAT WAS ON THE SIDE OF THE MOTOR HOME, NOT INSIDE
22 THE MOTOR HOME, IS THAT RIGHT?
23 A. THAT’S RIGHT.
24 Q. IT IS THE CASE THAT WITH REGARD TO THE FIBERS,
25 MA’AM, THEY COULD COME FROM A DIFFERENT — THE FIBERS COULD COME
26 FROM A DIFFERENT SOURCE BUT A SOURCE WITH COMMON PROPERTIES?
27 MR. CLARKE: OBJECTION, ASKED AND ANSWERED.
28 THE COURT: I BELIEVE IT HAS BUT THAT MAY BE A SPIN ON
6118
1 THE PHRASE.
2 YOU MAY ANSWER.
3 THE WITNESS: ARE YOU TALKING ABOUT — WHICH FIBERS ARE
4 YOU TALKING ABOUT?
5
6 BY MR. FELDMAN:
7 Q. LET’S TALK ABOUT THE CARPET FIBERS. WITH REGARD TO
8 THE CARPET FIBERS, IS IT TRUE THAT THE FIBERS COULD COME FROM A
9 DIFFERENT CARPET THAN THE VAN DAMS’ BUT ONE THAT HAD COMMON
10 PROPERTIES?
11 MR. CLARKE: OBJECTION, VAGUE.
12 THE COURT: OVERRULED.
13 YOU MAY ANSWER.
14 THE WITNESS: JUST REFERRING TO THE CARPET FIBERS ALONE,
15 YES, THAT’S TRUE.
16 MR. FELDMAN: THANK YOU.
17 NO FURTHER QUESTIONS.
18 THE COURT: ANYTHING FURTHER, MR. CLARKE?
19 MR. CLARKE: YES. THANK YOU, YOUR HONOR.
20
21 REDIRECT EXAMINATION +
22 BY MR. CLARKE:
23 Q. WHAT DO YOU MEAN, MS. DULANEY, BY JUST REFERRING TO
24 THE CARPET FIBERS?
25 A. IN TRACE EVIDENCE WHEN YOU’RE TALKING ABOUT
26 TRANSFER EVIDENCE WHEN YOU HAVE MORE THAN ONE TYPE OF TRANSFER,
27 IN OTHER WORDS, MORE THAN ONE ITEM THAT’S TRANSFERRED, YOU MAY
28 HAVE CARPET FIBERS, YOU MAY HAVE HAIRS, YOU MAY HAVE CLOTHING
6119
1 FIBERS TRANSFERRED. THE SIGNIFICANCE OF THE FIBER — OF THE
2 TRANSFER INCREASES THE MORE TRANSFERS THAT YOU HAVE.
3 IN ADDITION, ONCE OTHER PHYSICAL EVIDENCE HAS BEEN
4 ESTABLISHED TO PLACE THE CONTACT THERE, THEN THE LIKELIHOOD OF
5 THE TRANSFER BEING FROM THOSE INDIVIDUALS IS INCREASED.
6 Q. SO YOU’RE TALKING ABOUT THE SIGNIFICANCE OF YOUR
7 FINDING OF THE CARPET FIBER CONSISTENCY, COMMONALITY IS
8 INCREASED WHEN THERE ARE OTHER FIBERS OR HAIRS PRESENT THAT HAVE
9 A SIMILAR ASSOCIATION?
10 A. YES.
11 Q. NOW I’D LIKE TO TALK TO YOU ABOUT THE DOG HAIRS IF
12 I COULD FIRST.
13 IF THOSE DOG HAIRS THAT YOU OBSERVED IN THE
14 EVIDENCE, AND I THINK THAT INCLUDES SEVERAL LOCATIONS, PERHAPS
15 YOUR REFERRING TO EXHIBIT 130 MAY HELP, YOU FOUND DOG HAIRS THAT
16 APPEARED TO BE SIMILAR TO THE VAN DAM’S DOG IN THAT WOULD BE
17 FIVE DIFFERENT LOCATIONS, IS THAT RIGHT?
18 A. YES.
19 Q. IF THOSE EVIDENCE HAIRS WERE NOT FROM LAYLA AND
20 WERE FROM SOME OTHER DOG, WOULD THAT OTHER DOG HAVE TO HAVE
21 HAIRS THAT ARE GRAY/BROWN IN COLOR?
22 A. YES.
23 Q. WITH THE RANGE OF LENGTH BETWEEN APPROXIMATELY .5
24 AND 1.3 CENTIMETERS?
25 A. YES.
26 Q. WITH LARGE OVOID BODIES.
27 Q. THESE TAPE LIFTS WITH ALL THE FIBERS AND THE HAIRS
28 THAT WERE ON THEM, DO YOU KNOW WHICH ONES I’M REFERRING TO?
6120
1 A. YES.
2 Q. ALL THE TAPE LIFTS THAT YOU’VE DESCRIBED IN COURT
3 ESPECIALLY ON CROSS-EXAMINATION, AND LET’S START WITH HUMAN
4 HAIRS, AREN’T THOSE ALL AVAILABLE FOR REVIEW?
5 A. OH, YES.
6 Q. INCLUDING BY AN EXPERT FOR THE DEFENDANT IN THIS
7 CASE?
8 A. YES.
9 Q. SAME TRUE WITH THE FIBERS?
10 A. YES.
11 Q. WHAT IF YOU HAD DONE THIS MELTING TEST ON THE
12 FIBERS, WOULD THAT STILL BE TRUE?
13 A. NO.
14 Q. WHY?
15 A. THE FIBER WOULD WOULD BE MELTED AND WOULDN’T BE
16 ABLE TO BE EXAMINED IN THE WAYS THAT I HAD MENTIONED BEFORE.
17 Q. IS IT A PRINCIPLE IN SCIENCE, PARTICULARLY IN
18 FORENSIC SCIENCE, TO LEAVE AS MUCH SAMPLE AS POSSIBLE FOR REVIEW
19 BY OTHER EXPERTS?
20 A. YES.
21 Q. I BELIEVE THERE WAS SOME QUESTIONING ABOUT A DOG
22 NAMED CIELO. DO YOU RECALL THAT?
23 A. YES.
24 Q. ARE YOU FAMILIAR WITH WHO THAT DOG IS?
25 A. NO.
26 Q. COULD YOU COMPARE ANY SAMPLES FROM THAT DOG?
27 A. NO, I DID NOT.
28 Q. TO YOUR KNOWLEDGE, WAS THERE ANY REASON TO COMPARE
6121
1 SAMPLES TO THAT DOG?
2 A. NO, THERE WAS NOT.
3 Q. WOULD THERE BE A REASON TO COMPARE SAMPLES TO A DOG
4 THAT WAS NOT INSIDE THE MOTOR HOME?
5 A. NO.
6 Q. WHY WERE ONLY SOME OF THE ANIMAL HAIRS SENT OUT FOR
7 D. N. A. TESTING VERSUS OTHERS?
8 A. ONLY THE HAIRS THAT WERE SIMILAR IN THE WAYS I
9 PREVIOUSLY DESCRIBED TO THE VICTIM’S DOG’S HAIR WERE SENT OUT,
10 BECAUSE WE WERE TRYING TO ESTABLISH A LINK BETWEEN THOSE HAIRS
11 AND THE VICTIM’S DOG.
12 Q. IF THERE WAS ANY SUCH LINKS?
13 A. IF THERE WAS ANY SUCH LINKS.
14 Q. DID YOUR WORK ALONE FIND ANY OF THOSE SUCH LINKS?
15 A. YES.
16 Q. AS FAR AS THE ANIMAL HAIRS THAT DIDN’T APPEAR
17 VISUALLY SIMILAR TO LAYLA, ARE THEY CONTAINED IN YOUR NOTES?
18 A. YES.
19 Q. WERE THOSE PROVIDED TO THE DEFENSE IN THIS CASE?
20 A. YES.
21 Q. WAS HE ASKING QUESTIONS OF YOU FROM COPIES OF YOUR
22 NOTES?
23 MR. FELDMAN: RELEVANCE, OBJECTION.
24 THE COURT: OVERRULED.
25 YOU CAN ANSWER.
26 THE WITNESS: YES, HE WAS.
27
28 ///
6122
1 BY MR. CLARKE:
2 Q. ITEM NO. 74, THE HALLWAY CARPET IN THE MOTOR HOME,
3 THAT INCLUDED TWO HAIRS CONSISTENT WITH LAYLA, DID IT NOT?
4 A. YES.
5 Q. THOSE ARE ACTUALLY CONTAINED ON EXHIBIT 130 AND
6 WHAT LOOKS LIKE THE SECOND ROW DOWN, ITEM 74?
7 A. THAT’S CORRECT.
8 Q. LET’S TALK ABOUT HUMAN HAIRS NOW. I WANT TO MOVE
9 AWAY FROM THE ANIMAL HAIRS.
10 AS FAR AS THE HUMAN HAIRS WERE CONCERNED, THERE
11 WERE A NUMBER OF THEM INSIDE THE MOTOR HOME, RIGHT?
12 A. YES.
13 Q. FAIRLY LARGE NUMBER?
14 A. YES.
15 Q. WHY WEREN’T ALL THOSE SENT FOR D. N. A. TESTING?
16 A. WELL, I WOULD IMAGINE THAT COST COMES INTO PLAY
17 SOMEWHERE, AND NONE OF THE ONES THAT WERE NOT SIMILAR TO
18 DANIELLE, THERE WASN’T A POINT — THERE WAS NO POINT AT THIS
19 PARTICULAR JUNCTURE TO FIND OUT WHO THEY ALL BELONGED TO SINCE
20 THEY DID NOT APPEAR TO BELONG TO DANIELLE.
21 Q. DID THAT INCLUDE HAIRS THAT WERE FOUND UNDERNEATH
22 THE BED IN THE BEDROOM OF THE MOTOR HOME?
23 A. YES.
24 Q. IS THAT AN AREA THAT CONTAINED HAIRS FROM SOME TIME
25 BACK?
26 A. YES.
27 Q. NOW, IF I CAN DIRECT YOUR ATTENTION TO ITEM 74
28 AGAIN, THE HALLWAY CARPET, BUT THIS TIME WITH REGARD TO HUMAN
6123
1 HAIRS, WAS THAT ONE OF THE LOCATIONS THAT MITOCHONDRIAL D. N. A.
2 TESTING ESTABLISHED CONTAINED A HAIR CONSISTENT WITH DANIELLE
3 VAN DAM?
4 MR. FELDMAN: HEARSAY.
5 THE COURT: LAY THE FOUNDATION. I’LL ALLOW IT.
6
7 BY MR. CLARKE:
8 Q. MS. DULANEY, DO YOU REMEMBER A SERIES OF QUESTIONS
9 MR. FELDMAN ASKED, INCLUDING WHETHER YOU’RE FAMILIAR WHETHER
10 CERTAIN HAIRS PRODUCED MITOCHONDRIAL D. N. A. RESULTS IN THIS
11 CASE?
12 A. YES.
13 Q. WITH REGARD TO ITEM NO. 74, THE HALLWAY CARPET, TO
14 YOUR KNOWLEDGE, DID MITOCHONDRIAL D. N. A. TESTING ESTABLISH
15 THAT THAT COULD HAVE COME FROM DANIELLE VAN DAM?
16 MR. FELDMAN: SAME OBJECTION.
17 THE COURT: DULY NOTED AND OVERRULED.
18 YOU MAY ANSWER.
19 THE WITNESS: YES.
20
21 BY MR. CLARKE:
22 Q. ON EXHIBIT 126, IN PARTICULAR THERE IS AN ITEM 74,
23 CORRECT?
24 A. YES.
25 Q. THAT’S A SINGLE HAIR, CORRECT?
26 A. THAT’S CORRECT.
27 Q. IS THAT THE PARTICULAR HAIR THAT MITOCHONDRIAL D.
28 N. A. TESTING, TO YOUR KNOWLEDGE, WAS CONSISTENT WITH DANIELLE
6124
1 VAN DAM?
2 A. YES.
3 Q. NOW, THERE WAS A TAPE LIFT NO. 1, AND I’M NOT SURE
4 THE PAGE OF YOUR NOTES BUT I’M GOING TO ASK YOU TO REFER TO THAT
5 IF YOU WOULD. THAT WAS FROM ITEM NO. 74 AGAIN, THE HALLWAY
6 CARPET.
7 DO YOU RECALL THAT?
8 A. YES, I DO.
9 Q. MR. FELDMAN ASKED YOU A NUMBER OF QUESTIONS ABOUT
10 VARIOUS HAIRS IN THAT SAMPLE, CORRECT?
11 A. YES.
12 Q. DID THAT PARTICULAR TAPE LIFT CONTAIN ANY PUBIC
13 HAIRS?
14 A. YES, IT DID.
15 MR. FELDMAN: JUST FOR THE RECORD, YOUR HONOR, IF SHE’S
16 REFERRING TO A PARTICULAR PAGE NUMBER —
17 THE WITNESS: IT’S PAGE 46 OF 72.
18 MR. FELDMAN: THANK YOU.
19
20 BY MR. CLARKE:
21 Q. GOING BACK TO THE HEAD HAIRS, AND NOW I’M GOING TO
22 SHIFT INTO MR. WESTERFIELD’S RESIDENCE. IS IT CORRECT THAT THE
23 SIX HAIRS, I BELIEVE IT IS — I’M GOING TO ASK IT A DIFFERENT
24 WAY.
25 HOW MANY HAIRS ON EXHIBIT 126 APPEAR TO HAVE COME
26 FROM THE MASTER BEDROOM BEDDING OF MR. WESTERFIELD’S HOME?
27 A. SIX HAIRS FROM ITEM 9.
28 Q. DOES THAT INCLUDE 9D-H THAT WAS WRITTEN IN AT THE
6125
1 VERY BOTTOM?
2 A. YES.
3 Q. ARE YOU FAMILIAR WITH WHETHER OR NOT MITOCHONDRIAL
4 D. N. A. TESTING ESTABLISHED WHETHER THOSE HAIRS COULD OR COULD
5 NOT HAVE COME FROM DANIELLE VAN DAM?
6 A. YES.
7 Q. WHAT?
8 A. THAT THEY COULD HAVE COME FROM DANIELLE.
9 Q. ONE OR MORE OF THEM?
10 A. ALL SIX OF THEM.
11 Q. DOES THAT INCLUDE FROM 9C, THE FITTED SHEET?
12 A. YES.
13 Q. WAS THERE MORE THAN ONE HAIR FROM 9C, THE FITTED
14 SHEET?
15 A. YES. THERE ARE TWO.
16 Q. AS FAR AS VISUAL HAIR COMPARISON, WHAT YOU
17 CONDUCTED WHEN YOU OBTAINED HAIRS AND THEN LOOKED AT THEM, DID
18 YOU HAVE ANY KNOWN HAIRS FROM A SUSAN L. TO COMPARE THEM TO?
19 A. NO.
20 Q. WHAT ABOUT A DANIELLE L.?
21 A. NO.
22 Q. OR A JENNIFER L.?
23 A. NO.
24 Q. WHAT ABOUT THE DEFENDANT’S SON?
25 A. I DID NOT COMPARE IT TO THOSE HAIRS.
26 Q. OR ANYONE ELSE WHO HAD BEEN IN THE MOTOR HOME WITH
27 MR. WESTERFIELD’S PERMISSION?
28 A. NO.
6126
1 Q. IN THE — YOU REMEMBER A SERIES OF QUESTIONS ABOUT
2 THE 80 SERIES? AND BY 80 SERIES I MEAN ITEM NO. 80 AND A NUMBER
3 OF TAPE LIFTS?
4 A. THEY WEREN’T TAPE LIFTS, THEY WERE BINDLES.
5 Q. ALL RIGHT.
6 THESE WERE THE BINDLES THAT YOU COLLECTED ON YOUR
7 VISIT TO THE MOTOR HOME?
8 A. YES. THAT’S CORRECT.
9 Q. DO YOU REMEMBER A SERIES OF QUESTIONS BY MR.
10 FELDMAN ABOUT THAT SERIES OF TAPE LIFTS, BEGINNING WITH THE NO.
11 80 AND THEN A NUMBER OF DIFFERENT LETTERS AFTER THAT?
12 A. YES. THEY WERE BINDLES.
13 Q. TO YOUR KNOWLEDGE, DID ANY OF THOSE HAIRS PROVIDE
14 MITOCHONDRIAL D. N. A. RESULTS CONSISTENT WITH DANIELLE VAN DAM?
15 A. 80D.
16 Q. IS THAT LISTED ALSO ON THE EXHIBIT NO. — I HAVE TO
17 CRANE MY NECK —
18 A. I THINK IT’S 126.
19 Q. — 126, YES.
20 A. YES, IT’S NEAR THE BOTTOM.
21 Q. IS THAT LABELED 80D AS IN DAVID?
22 A. YES, IT IS.
23 Q. ARE THE HAIRS ALSO AVAILABLE FOR REVIEW BY ANY
24 OTHER PARTIES IN THIS CASE?
25 A. YES, THEY ARE.
26 Q. I’D LIKE TO GO BACK TO, IF I COULD, THE
27 HYPOTHETICAL MR. FELDMAN ASKED YOU ABOUT I THINK STANDING BY THE
28 BAILIFF AND WALKING A FEW FEET AND IS IT POSSIBLE THAT YOU WOULD
6127
1 MOVE A FIBER BY DOING THAT.
2 DO YOU RECALL THAT?
3 A. YES.
4 Q. WOULD THE SAME THING BE AS LIKELY TO HAPPEN AS IF
5 ONE WERE TO WEAR BOOTIES WHILE DOING THAT?
6 A. YES. IF I HAD BOOTIES ON I COULD TRANSFER FIBERS
7 AROUND THE ROOM FROM THE BOTTOMS OF MY BOOTIES.
8 Q. I’D LIKE TO SHOW YOU THAT. DO YOU REMEMBER THIS
9 ONE PAGE XEROX COPY, EXHIBIT 132? LET ME SHOW YOU THE COPY
10 THAT’S MARKED.
11 DO YOU RECALL BEING ASKED QUESTIONS ABOUT THAT?
12 A. YES.
13 Q. IS THAT MAN WEARING BOOTIES?
14 A. I CAN’T REALLY TELL. HE MAY HAVE.
15 Q. IS THERE ANYTHING ON THAT PERSON’S SHOES THAT
16 APPEARS TO BE WHITE?
17 A. NO.
18 Q. DO THEY APPEAR TO BE REGULAR SHOES?
19 A. APPEARS TO BE.
20 Q. THE CARPET FIBERS THAT YOU DETERMINED COULD HAVE
21 COME FROM THE CARPET IN DANIELLE VAN DAM’S BEDROOM, WERE THEY
22 LOCATED AT ALL IN ONE LOCATION ALONE OR IN MULTIPLE LOCATIONS?
23 A. THEY WERE IN MULTIPLE LOCATIONS.
24 Q. WHAT WERE THOSE LOCATIONS AGAIN?
25 A. THERE WERE THREE OF THE FIBERS IN THE HALLWAY
26 CARPET. THERE WAS ONE ON THE BATH MAT IN THE BATHROOM, AND THEN
27 THERE WAS ONE ON A TAPE LIFT NEAR ONE OF THE NIGHT STANDS IN THE
28 BEDROOM OF THE MOTOR HOME.
6128
1 Q. AND THOSE LOCATIONS ARE REFLECTED IN EXHIBIT 127,
2 IS THAT RIGHT?
3 A. THAT’S CORRECT.
4 Q. IS THERE ANY SIGNIFICANCE TO YOU AS A TRACE
5 EXAMINER THAT THOSE CARPET FIBERS THAT COULD HAVE COME FROM
6 DANIELLE VAN DAM’S CARPET WERE LOCATED IN DIFFERENT LOCATIONS AS
7 OPPOSED TO A SINGLE LOCATION?
8 MR. FELDMAN: I’M SORRY, I MISSED THE QUESTION, YOUR
9 HONOR.
10 THE COURT: OPHELIA, WILL YOU READ IT BACK?
11 (RECORD READ)
12 MR. CLARKE: I THINK I CAN WORD THAT BETTER, YOUR HONOR.
13 THE COURT: ALL RIGHT.
14
15 BY MR. CLARKE:
16 Q. WHAT I’M REALLY ASKING, MS. DULANEY, I DIDN’T DO A
17 VERY GOOD JOB OF IT, IS THERE ANY DIFFERENCE FROM FINDING THREE
18 FIBERS IN ONE LOCATION OF THE MOTOR HOME, ONE FIBER IN THE
19 BEDROOM AREA OF THE MOTOR — WELL, LET ME REPHRASE THAT, I’M
20 SORRY.
21 IS THERE ANY SIGNIFICANCE TO THE FACT THAT THERE
22 WERE THREE FIBERS FOUND IN THE HALLWAY CARPET OF THE MOTOR HOME,
23 ONE FIBER IN THE BEDROOM CARPET OF THE MOTOR HOME, AND ONE FIBER
24 IN THE BATHROOM OF THE MOTOR HOME VERSUS FINDING SIMPLY ONE
25 FIBER IN ONE LOCATION?
26 MR. FELDMAN: SPECULATION.
27 THE COURT: OVERRULED.
28 YOU MAY ANSWER.
6129
1 THE WITNESS: YES. WHEN YOU HAVE FIBER TRANSFERS IN A
2 NUMBER OF LOCATIONS, THEN IT INCREASES THE SIGNIFICANCE OF YOUR
3 ASSOCIATION.
4
5 BY MR. CLARKE:
6 Q. YOU WERE ALSO ASKED A SERIES OF QUESTIONS ABOUT
7 VARIOUS I THINK SHOES THAT YOU WERE ASKED TO PERFORM TAPE LIFTS
8 ON IN MR. WESTERFIELD’S RESIDENCE?
9 A. RIGHT.
10 Q. DO YOU RECALL THAT?
11 A. YES.
12 Q. WHAT TYPES — WHAT FIBERS DID YOU FIND ON THOSE
13 25 — WAS IT 25 PAIRS OF SHOES?
14 A. YES.
15 Q. TELL US ABOUT WHAT YOU FOUND IN TERMS OF FIBERS.
16 A. I DIDN’T SPECIFICALLY DO THE ANALYSIS BUT I DID
17 REVIEW IT, AND THERE WERE CARPET FIBERS FOUND ON SOME OF THE
18 SHOES, AND THE MAJORITY OF WHICH BELONGED TO MR. WESTERFIELD’S
19 CARPET. AND I BELIEVE THERE WAS ONE CARPET FIBER THAT DID NOT
20 BELONG TO HIS CARPET AND I DON’T — I DON’T RECALL ANY OF THE
21 OTHER FIBERS THAT MAY HAVE BEEN THERE.
22 Q. FROM YOUR EXPERIENCE, WHEN ONE WALKS AROUND ON
23 CARPETS DOES ONE GATHER A LARGE NUMBER OF FIBERS FROM THE
24 CARPET, SMALL NUMBER OR WHAT?
25 MR. FELDMAN: OBJECTION, IRRELEVANT, EXPERIENCE,
26 EXPERTISE.
27 THE COURT: OVERRULED.
28 YOU MAY ANSWER.
6130
1 THE WITNESS: THE BOTTOMS OF YOUR SHOES CAN CERTAINLY
2 PICK UP FIBERS EASILY AND, DEPENDING ON THE SURFACE OF THE SHOE,
3 THEY CAN HOLD THEM FOR DIFFERENT PERIODS OF TIME.
4 BUT TYPICALLY THE SHOE IS GOING TO LOSE THE FIBERS
5 RELATIVELY QUICKLY AS THE PERSON CONTINUES TO WALK. SO THEY’LL
6 BE SORT OF A CONSTANT ON/OFF, ON/OFF, AND THEN WHEN YOU MOVE OFF
7 THE CARPETED SURFACE YOU WOULD TYPICALLY EXPECT TO LOSE THOSE
8 CARPET FIBERS AFTER A PERIOD OF STEPS.
9 Q. WHAT WAS THE DATE OF YOUR TAPE LIFTING OF THOSE
10 SHOES?
11 A. MAY I REFER TO MY NOTES ON THAT?
12 Q. YES, PLEASE.
13 A. THAT WAS FEBRUARY 13TH.
14 Q. AND WHERE DID THAT OCCUR?
15 A. THAT OCCURRED AT MR. WESTERFIELD’S RESIDENCE.
16 Q. DID YOU JUST GO INTO THE CLOSET AND DO IT THERE?
17 HOW DID THAT WORK?
18 A. YES, WE DID. WE WENT AND SAT IN HIS CLOSET AND DID
19 IT ALL RIGHT THERE.
20 Q. DO YOU KNOW IF YOU TAPE LIFTED ANY SHOES MR.
21 WESTERFIELD HAD WORN ON FEBRUARY 1ST?
22 A. I DON’T RECALL THAT.
23 Q. DO YOU KNOW IF THOSE SHOES, TO YOUR KNOWLEDGE —
24 WOULD YOU EVEN KNOW IF THOSE SHOES WERE EVEN IN THAT CLOSET WHEN
25 YOU TAPE LIFTED THEM?
26 A. NO.
27 Q. WHEN YOU EXAMINED — I THINK THERE WAS SOME
28 QUESTIONING NEAR THE END OF CROSS-EXAMINATION ABOUT EXAMINING
6131
1 EXTERIOR COMPARTMENTS OF THE MOTOR HOME. DO YOU RECALL THAT?
2 A. YES.
3 Q. DID YOU EXAMINE ALL THE EXTERIOR COMPARTMENTS OF
4 THE MOTOR HOME?
5 A. NO, JUST ONE THAT WAS DIRECTLY ADJACENT TO THE
6 DOORWAY OF THE MOTOR HOME.
7 Q. AND THAT, TO YOUR KNOWLEDGE, WAS OR WAS NOT A
8 COMPARTMENT CONTAINING A SHOVEL?
9 A. IT DID CONTAIN A SHOVEL.
10 Q. BUT YOU DIDN’T EXAMINE THE REMAINING EXTERIOR
11 COMPARTMENTS?
12 A. THAT’S CORRECT.
13 MR. DUSEK: THANK YOU. I HAVE NO FURTHER QUESTIONS.
14 THE COURT: ANYTHING FURTHER, MR. FELDMAN?
15 MR. FELDMAN: YEAH, I MISSED A WHOLE SECTION. I’M SORRY,
16 JUDGE.
17
18 RECROSS-EXAMINATION +
19 BY MR. FELDMAN:
20 Q. YOU I THINK JUST TOLD US THAT ON THE 25TH OF
21 FEBRUARY WAS THE DAY THAT YOU DID THE TAPE LIFTS ON MR.
22 WESTERFIELD’S RESIDENCE, IS THAT RIGHT?
23 A. NO, IT WAS THE 13TH.
24 Q. 13TH, OKAY. I GUESS I GOT THAT ONE WRONG.
25 YOUR HONOR, I’D ASK TO REOPEN MY CROSS BECAUSE I
26 MISSED THE SECTION ON THE FIBERS.
27 THE COURT: ALL RIGHT. WHILE WE HAVE THE WITNESS HERE
28 LET’S PROCEED.
6132
1 BY MR. FELDMAN:
2 Q. I’D LIKE TO DIRECT YOUR ATTENTION TO A LIFT
3 CALLED — I THINK IT’S EVIDENCE ITEM 155-2, FIBERS IN THE MOTOR
4 HOME.
5 A. OKAY.
6 Q. WITH REGARD TO 155-2, THAT COMES FROM THE BATH MAT;
7 IS THAT CORRECT?
8 A. THAT’S CORRECT.
9 Q. AND YOU LIFTED SOME FIBERS; IS THAT CORRECT, OR A
10 FIBER OR MORE; IS THAT CORRECT?
11 A. YES.
12 Q. YOU CONCLUDED IT WAS NOT SIMILAR TO THE VAN DAM
13 CARPET FIBER; IS THAT CORRECT?
14 A. THAT’S CORRECT.
15 Q. DIRECTING YOUR ATTENTION TO 155-3, I THINK THIS
16 COMES FROM THE BATH MAT, IS THAT RIGHT?
17 A. YES.
18 Q. AND YOU EVALUATED THAT FOR THE PURPOSE OF
19 DETERMINING SIMILARITY OF FIBERS, IS THAT RIGHT?
20 A. THAT’S CORRECT.
21 Q. YOU CONCLUDED THAT IT WAS NOT SIMILAR; IS THAT
22 CORRECT?
23 A. THAT’S RIGHT.
24 Q. DIRECTING YOUR ATTENTION TO 74-3, THAT WAS A LIFT
25 OF — I GUESS FROM THE MOTOR HOME CARPET, IS THAT RIGHT?
26 A. YES.
27 Q. AND YOU CONCLUDED THAT 74-3 — I’M SORRY, WHERE DID
28 YOU LIFT IT FROM?
6133
1 A. 74 WOULD BE THE HALLWAY CARPET OF THE MOTOR HOME.
2 Q. ALL RIGHT.
3 YOU CONCLUDED 74-3 WAS NOT SIMILAR TO THE VAN DAM
4 CARPET FIBERS, IS THAT RIGHT?
5 A. YES.
6 Q. DIRECTING YOUR ATTENTION TO 81, I THINK YOU
7 PREVIOUSLY DISCUSSED THIS AS DEBRIS ON A TOWEL FROM THE MOTOR
8 HOME?
9 A. UH-HUH.
10 Q. I’M SORRY, YOU KNOW, I THINK YOU SAID UH-HUH, BUT
11 YOU MEAN YES?
12 A. YES. I’M SORRY.
13 Q. I’M SORRY.
14 YOU NOTED THE EXISTENCE OF A FIBER OR FIBERS; IS
15 THAT CORRECT?
16 A. YES.
17 Q. YOU CONCLUDED THAT IT WAS NOT SIMILAR TO THE VAN
18 DAM CARPET FIBER; IS THAT CORRECT?
19 A. THAT’S CORRECT.
20 Q. DIRECTING YOUR ATTENTION TO 81G, A TOWEL, YOU DID A
21 SIMILAR TAPE LIFT ON THAT; IS THAT CORRECT?
22 A. COULD IT BE “E”?
23 Q. WELL, I’LL TELL YOU IN A SECOND. I’M SORRY.
24 A. I DON’T THINK I HAVE A “G”.
25 Q. I’M SORRY, 81G ON THE RIGHT SIDE OF LOOKS LIKE PAGE
26 11 OF 17, 2/19/02?
27 A. OKAY. I SEE IT.
28 Q. GOT IT?
6134
1 A. YEAH.
2 Q. THAT APPARENTLY WAS A LIFT FROM A FIBER; IS THAT
3 RIGHT? I DON’T KNOW WHETHER IT’S A “G” OR A 6. IS THAT 6 AS
4 I’M READING IT AS A “G” OR IS IT “G”?
5 A. IT MUST BE “G.”
6 Q. OKAY. YOU COMPARED THAT FOR PURPOSES OF
7 DETERMINING WHETHER OR NOT IT WAS — YOU COULD MAKE A COMPARISON
8 STATEMENT TO THE VAN DAM CARPET, IS THAT RIGHT?
9 A. THAT’S RIGHT.
10 Q. IT WAS NOT SIMILAR, IS THAT RIGHT?
11 A. THAT’S CORRECT.
12 Q. DIRECTING YOUR ATTENTION TO 82D, THIS WOULD BE A
13 TOWEL, YOU DID A CARPET LIFT — I’M SORRY, YOU DID A LIFT ON
14 THAT AND COMPARED IT AGAINST THE KNOWN CARPET STANDARD, IS THAT
15 RIGHT?
16 A. YES.
17 Q. YOU CONCLUDED IT WAS NOT SIMILAR?
18 A. RIGHT.
19 Q. 82A, WHICH WAS A TOWEL, AGAIN FROM THE BEDROOM
20 CARPET IN THE MOTOR HOME?
21 A. NO. 82 IS THE TOWEL THAT WAS IN THE HALLWAY.
22 Q. OKAY. YOU COMPARED — YOU DID A LIFT ON THE TOWEL,
23 IS THAT RIGHT?
24 A. YES.
25 Q. YOU COMPARED WHATEVER YOU GOT AGAINST THE KNOWN
26 CARPET STANDARD OF THE VAN DAM RESIDENCE; IS THAT CORRECT?
27 A. RIGHT.
28 Q. YOU CONCLUDED IT WAS NOT SIMILAR?
6135
1 A. YES.
2 Q. IT’S CORRECT, IS IT NOT, THAT WITH REGARD TO ALL OF
3 YOUR SEARCHING IN MR. WESTERFIELD’S RESIDENCE, NO FIBERS MATCHED
4 IN THE WESTERFIELD RESIDENCE TO VAN DAM’S CARPET?
5 A. I ONLY LIFTED MR. WESTERFIELD’S SHOES.
6 Q. SO YOU DIDN’T LOOK AT 13 —
7 A. OH, I’M SORRY. YES, THAT’S CORRECT, WITH REGARD TO
8 THE CLOTHING FROM THE WASHER AND DRYER AND THE BEDDING.
9 Q. THE COMFORTER, THE PILLOWCASES, THE BED SHEET, THE
10 DRYER LINT?
11 A. THAT’S CORRECT. I’M SORRY, I MISSPOKE.
12 Q. 94D, WHICH IS A GREEN JACKET — I’M NOT WEARING
13 GLOVES — YOU COMPARED 94D ALSO. YOU SWABBED 94 FOR THE PURPOSE
14 OF DETERMINING THERE WAS ANY CARPET FIBERS, IS THAT RIGHT, OR
15 OTHER TRACE EVIDENCE?
16 A. TAPE LIFTED IT, YES.
17 Q. I SAID SWABBED, I’M SORRY.
18 YOU CONCLUDED THERE WAS NOTHING OF ANY EVIDENTIARY
19 VALUE FROM A TRACE EVIDENCE STANDPOINT BASED ON YOUR WORK THERE,
20 IS THAT RIGHT?
21 A. YES.
22 MR. FELDMAN: THANK YOU VERY MUCH, YOUR HONOR.
23 THE COURT: ANYTHING FURTHER, MR. CLARKE?
24 MR. CLARKE: NO, THANK YOU. MAY THE WITNESS BE EXCUSED.
25 THE COURT: ALL RIGHT. MAY THIS WITNESS —
26 MR. FELDMAN: SUBJECT TO RECALL.
27 THE COURT: ALL RIGHT.
28 MA’AM, YOUR TIME WITH US IS DONE BUT YOU’LL BE
6136
1 SUBJECT TO RECALL. THEY’LL CALL YOU BACK IF THEY NEED YOU.
2 PLEASE REMEMBER THE ADMONITION THAT YOU’RE NOT TO DISCUSS YOUR
3 TESTIMONY WITH ANY OTHER PERSONS UNTIL THE MATTER IS CONCLUDED,
4 BUT OBVIOUSLY CONTINUE TO DO YOUR PROFESSIONAL WORK.
5 WOULD YOU KINDLY HAND THE EXHIBIT THERE TO ONE OF
6 THE ATTORNEYS ON THE WAY BY?
7 THE WITNESS: I SURE WILL.
8 MR. DUSEK: MAY WE APPROACH THE BENCH?
9 THE COURT: SURE.
10 (THE FOLLOWING PROCEEDINGS WERE HELD
AT THE BENCH BETWEEN COURT AND COUNSEL:)
11
12
13 MR. DUSEK: I’M SEEKING AN ADDED WARNING FROM THE COURT
14 TO THE JURY NOT TO LOOK AT T.V. OR THE NEWSPAPER. DAMON VAN DAM
15 HAS THREATENED TO GO TO THE MEDIA AFTER HE WAS EXCLUDED. WE’VE
16 DONE EVERYTHING WE CAN AND WILL CONTINUE TO DO ANYTHING TO KEEP
17 HIM FROM THEM, BUT HE MAY GO TODAY.
18 THE COURT: IT’S A VERY SHORT ROPE BUT I WILL EMPHASIZE
19 THE ADMONITION.
20 MR. DUSEK: THANK YOU.
21 THE COURT: ALL RIGHT.
22 (THE FOLLOWING PROCEEDINGS WERE HELD IN
OPEN COURT IN THE PRESENCE OF THE JURY:)
23
24 THE COURT: OKAY. LADIES AND GENTLEMEN, LOOKS LIKE WE’VE
25 REACHED THE END OF THE DAY. TONIGHT WE ARE GOING TO SEE SOME
26 HITTING. IT ONLY DEPENDS ON HOW MANY TIMES WE PITCH TO BOBBY
27 BONDS I THINK WHO DOES THE HITTING, BUT HOPEFULLY WE’LL HAVE
28 GOOD NEWS TOMORROW.
6137
1 LADIES AND GENTLEMEN, OCCASIONALLY DURING THE
2 COURSE OF THE DAY THE COURT MAKES ALL KINDS OF RULINGS. YOU SEE
3 THE RULINGS I MADE IN HERE. I’VE MADE A COUPLE RULINGS TODAY
4 THAT MAY OR MAY NOT HIT THE PRESS TONIGHT, WHICH MEANS
5 TELEVISION, RADIO AND ALL THE SOURCES THAT I’VE TOLD YOU TO
6 AVOID. I JUST WANT TO RE-EMPHASIZE TONIGHT THAT IT’S VERY
7 IMPORTANT THAT YOU NOT LOOK AT THE NEWS, READ YOUR NEWSPAPERS OR
8 ANYTHING ALONG THOSE LINES. IN OTHER WORDS, JUST SELF-POLICE
9 THE WAY YOU’VE BEEN DOING ALL ALONG AND WE SHOULDN’T HAVE ANY
10 PROBLEMS.
11 PLEASE REMEMBER THE ADMONITION OF THE COURT NOT TO
12 DISCUSS ANY OF THE EVIDENCE OR TESTIMONY AMONG YOURSELVES OR
13 WITH ANY OTHER PERSONS, NOR FORMULATE OR EXPRESS ANY OPINIONS ON
14 THE MATTER UNTIL IT’S SUBMITTED TO YOU.
15 HAVE A SAFE AND A PLEASANT EVENING. GO PADS.
16 WE’LL SEE YOU AT 9 O’CLOCK TOMORROW MORNING.
17 (AT 4:30 P.M. THE JURY WAS EXCUSED
AND THE FOLLOWING PROCEEDINGS WERE HAD:)
18
19 THE COURT: OKAY. THE RECORD SHOULD REFLECT THE JURORS
20 AND ALTERNATES HAVE LEFT THE COURTROOM.
21 COUNSEL, SOMETIME TODAY HAND DELIVER TO ME MARKED
22 “PERSONAL” OR “CONFIDENTIAL” IS AN ITEM THAT MY CLERK HAS —
23 IT’S A DIRECT COMMUNICATION, SO I’M DISTRIBUTING IT TO YOU.
24 I URGE YOU NOT TO DISCUSS THE MATTER PUBLICLY WITH
25 ANYONE UNTIL WE CAN MEET TOMORROW MORNING. IT’S GOING TO — I
26 THINK THE ITEM IS SELF-EXPLANATORY. IT’S A LETTER DIRECTED AT
27 ME. BUT SO WE SHOULD PLAN ON ACTUALLY GETTING TOGETHER AT 10
28 MINUTES TILL. I THINK THAT WILL BE MORE THAN ENOUGH TIME. SO
6138
1 MY CLERK WILL GIVE EACH OF YOU A COPY. IT’S TO REMAIN
2 CONFIDENTIAL WITHIN YOUR OFFICES, AND WE’LL DISCUSS IT AT 8:50
3 TOMORROW MORNING.
4 MR. FELDMAN: YES, YOUR HONOR.
5 MR. CLARKE: JUST ONE ITEM, IF I COULD. EXHIBIT 120 WERE
6 THE ORIGINAL PHOTOGRAPHS OF MR. SORIANO’S NOTES AND HE’S ASKED
7 IF IT WOULD BE POSSIBLE TO OBTAIN A COLOR COPY OF THEM.
8 THE COURT: IS THAT A PROBLEM?
9 MR. FELDMAN: OF COURSE NOT.
10 THE COURT: OKAY. WELL, WE DON’T HAVE A COLOR COPIER.
11 DON’T HOLD IT AGAINST THE COUNTY OR ANY OF ITS EMPLOYEES BUT WE
12 DON’T HAVE A COLOR COPIER. SO COULD WE GET A STIPULATION TO
13 RELEASE IT TO THE DISTRICT ATTORNEY THAT HAS ONE AND HAVE IT
14 COPIED AND BROUGHT BACK?
15 MR. FELDMAN: YES, YOUR HONOR.
16 MR. CLARKE: PERFECT. THANK YOU.
17 THE COURT: WE’LL EXERCISE THAT STIPULATION THEN.
18 THANK YOU FOR ACCOMMODATING US.
19 MR. CLARKE: YES. THANK YOU, YOUR HONOR.
20 THE COURT: ALL RIGHT.
21 WE’LL BE IN RECESS TILL 8:50.
22
23
24 (AT 4:31 P.M. AN ADJOURNMENT WAS TAKEN
25 UNTIL 8:50 A.M. TUESDAY, JUNE 25, 2002.)
26
27 –O0O–
28