DAY 2 – SAN DIEGO, CALIFORNIA, WEDNESDAY, JUNE 5, 2002 (morning part 2)
WITNESS:
Peter Damon Van Dam
1 THE COURT: ALL RIGHT. WELCOME BACK, LADIES AND
2 GENTLEMEN. AS YOU CAME IN THE COURTROOM TODAY YOU GOT A PIECE
3 OF PAPER, AND ON THAT PAPER IS THE NEW SECRET COURT PHONE
4 NUMBER. SO IT’S FOR YOU FOLKS AND YOU FOLKS ONLY. SO IF FOR
5 ANY REASON YOU’RE NOT GOING TO BE ON TIME, OR YOU’RE HAVING A
6 PROBLEM OF ANY KIND, YOU CAN FEEL FREE TO CALL THAT NUMBER AND
7 THERE WILL BE A RECORDING DEVICE ON IT, AND HOPEFULLY I’LL STOP
8 GETTING PHONE CALLS FOR PIZZA AND HAIR TRANSPLANTS AND STUFF
9 LIKE THAT.
10 ALL RIGHT. MR. DUSEK.
11
12 BY MR. DUSEK:
13 Q. MR. VAN DAM, I’D LIKE TO ASK YOU ABOUT RULES YOU
14 HAD FOR THE KIDS WHERE THEY COULD PLAY AND WHAT THEY COULD DO IN
15 THE NEIGHBORHOOD.
16 DID YOU HAVE SUCH RULES FOR YOUR THREE CHILDREN?
17 A. YES.
18 Q. WERE THEY THE SAME FOR EACH OF THE THREE?
19 A. YES.
20 Q. HOW FAR WERE THEY ALLOWED TO WANDER, IF AT ALL?
21 A. ON THE SIDEWALK UP THE HILL, THEY COULDN’T GO
22 ACROSS THE STREET.
23 Q. UP WHICH HILL?
24 A. THE — IT’S THE HILL THIS WAY FROM THE HOUSE. IT
25 DOESN’T REALLY SHOW ON ANY OF THESE PICTURES. THIS HILL GOES UP
26 AT A PRETTY STEEP ANGLE, AND THE HOUSES STOP AFTER A WAYS, AND
27 THEY HAD TO STAY ON THE SIDEWALK ON OUR SIDE, AND THEY COULD
28 ONLY GO UP A LITTLE WAYS UP THE HILL.
3573
1 Q. AND YOU’RE INDICATING ON EXHIBIT 1 PHOTOGRAPH “A”,
2 IT LOOKS LIKE THE HILL YOU’RE TALKING ABOUT IS, AS YOU PROCEED
3 DOWN MOUNTAIN PASS ROAD, IT WOULD BE PAST THE DEFENDANT’S HOUSE,
4 PAST YOUR HOUSE AND CONTINUING ON?
5 A. YES, YES.
6 Q. WERE THEY ALLOWED TO CROSS MOUNTAIN PASS TO GET TO
7 THE OTHER SIDE OF THE STREET?
8 A. NO. THEY WEREN’T ALLOWED TO CROSS EITHER STREET.
9 WHEN WE MOVED IN THEY WERE STILL BUILDING HOUSES AT THE TOP OF
10 THAT STREET SO THERE WAS A LOT OF TRAFFIC, SO VERY EARLY ON WE
11 WERE STRICT ABOUT THEM NOT CROSSING THE STREET.
12 Q. AND TO GET ON THE OTHER SIDE OF THE STREET WAS
13 THERE A WAY FOR THEM TO TO DO IT WITH PARENT APPROVAL?
14 A. YEAH, THEY CAN COME ASK, LIKE IF THEY LOST A BALL
15 ON THE OTHER SIDE OF THE STREET, OR THEY WOULD GO PLAY — THEIR
16 FRIEND’S HOUSE WAS STRAIGHT ACROSS. THEY’D COME AND ASK AND WE
17 WOULD MAKE SURE THEY LOOKED BOTH WAYS. WE WERE USUALLY OUT
18 THERE. BRENDA OR I WAS USUALLY OUT THERE WHEN THEY WERE OUT
19 PLAYING IN THE STREET ANYWAY.
20 Q. DID THEY HAVE OTHER KIDS IN THE NEIGHBORHOOD WHO
21 THEY PLAYED WITH?
22 A. YES.
23 Q. BASICALLY WHERE DID THEY LIVE?
24 A. THE MOST COMMON WAS RYAN AND CHRISTIE. THE HOUSE,
25 AGAIN NOW, NONE OF THE PICTURES SHOW IT VERY WELL, BUT THE HOUSE
26 DIRECTLY ACROSS THE STREET. OUR HOUSE IS HERE. RYAN AND
27 CHRISTIE’S HOUSE IS HERE.
28 Q. ON THE OPPOSITE SIDE OF MOUNTAIN PASS?
3574
1 A. ON THE OPPOSITE SIDE DIRECTLY IN FRONT OF OUR
2 HOUSE.
3 Q. DID THEY HAVE ANY BIKES, SKATEBOARDS, ROLLER SKATES
4 THAT THEY WOULD PLAY WITH?
5 A. YES, ALL.
6 Q. WHERE WOULD THEY PLAY WITH THOSE?
7 A. IN OUR DRIVEWAY, UP AND DOWN THE SIDEWALK IN FRONT
8 OF OUR HOUSE AND SOMETIMES, IF THEY WERE ALLOWED TO — IF THEY
9 WERE PLAYING OVER AT RYAN AND CHRISTIE’S, THEY WOULD PLAY IN
10 THAT SIDEWALK AND IN THAT DRIVEWAY.
11 Q. RYAN AND CHRISTIE’S LAST NAME IS WHAT?
12 A. HENNES. JULIE’S CHILDREN.
13 Q. NOW, MR. VAN DAM, I’D LIKE TO ASK YOU ABOUT THE
14 LAST WEEKEND, FEBRUARY 1ST AND FEBRUARY 2ND OF THIS YEAR. WAS
15 THAT A FRIDAY?
16 A. FRIDAY — FEBRUARY 1ST WAS A FRIDAY, I BELIEVE.
17 Q. DID YOU GO TO WORK THAT DAY?
18 A. YES.
19 Q. WHERE IS YOUR WORK LOCATED?
20 A. IT’S IN SORRENTO VALLEY DOWN MIRA MESA, INTO MIRA
21 MESA.
22 Q. HAD YOU MADE ANY PLANS FOR THAT WEEKEND?
23 A. ORIGINAL PLAN, IT’S KIND OF FOGGY BECAUSE IT WAS SO
24 LONG AGO NOW, BUT I BELIEVE OUR ORIGINAL PLANS, WE HAVE A FRIEND
25 WHO HAS A CABIN IN BIG BEAR, AND I WAS GONNA LEAVE WORK EARLY
26 AND COME HOME AND GET DEREK, MY OLDEST SON, AND WE WERE GOING TO
27 GO UP AND STAY AT THE CABIN FOR THE NIGHT, AND THEN GO SNOW
28 BOARDING SATURDAY TO BIG BEAR.
3575
1 Q. WITH WHOM?
2 A. JUST ME AND HIM.
3 Q. WAS THERE ANYBODY YOU WERE GOING TO GO WITH? WHOSE
4 CABIN?
5 A. I DON’T THINK. IT MIGHT HAVE BEEN BILL LIBBY BUT I
6 THINK IT WAS JUST ME AND HIM IN THE ORIGINAL PLANS.
7 WHAT HAPPENED WAS, IT WAS BILL’S CABIN AND HIS —
8 HE AND HIS SON WANTED TO GO ON SUNDAY, SO WE CHANGED THOSE PLANS
9 TO GO WITH BILL AND HIS SON DERRICK ON SUNDAY INSTEAD OF GOING
10 JUST ME AND MY SON DEREK ON SATURDAY.
11 Q. SO YOUR INITIAL PLAN WAS TO LEAVE YOUR HOUSE AND GO
12 TO BIG BEAR ON WHAT DAY?
13 A. FRIDAY, EARLY FRIDAY.
14 Q. AND DRIVE TO BIG BEAR AND SPEND THE NIGHT?
15 A. YES.
16 Q. DID SOMEBODY HAVE A CABIN THERE?
17 A. YES. MY FRIEND BILL LIBBY HAD A CABIN THERE.
18 Q. WHERE DID HE LIVE APPROXIMATELY?
19 A. HE LIVED IN PENASQUITOS A FEW MILES AWAY.
20 Q. YOU SAID HE HAD A BOY ALSO NAMED DERRICK?
21 A. YEAH, HE HAS A SON DERRICK ALSO.
22 Q. HE’S OLDER?
23 A. I THINK HE’S 16 NOW. I THINK HE WAS 15 OR 16.
24 Q. SO YOU WERE GOING TO GO UP THERE FRIDAY NIGHT AND
25 SNOW BOARD ON SATURDAY?
26 A. THE ORIGINAL PLANS WITH THAT.
27 Q. THEN THEY GOT CHANGED SOMEHOW?
28 A. THEN THEY GOT CHANGED BECAUSE BILL DECIDED HE WAS
3576
1 GONNA GO UP THAT WEEKEND. HE SAID HE WASN’T GOING TO USE THE
2 CABIN THAT WEEKEND AT ALL, AND HIS SON DECIDED HE WANTED TO GO
3 UP ON SUNDAY.
4 Q. TO SNOW BOARD ON SUNDAY?
5 A. TO SNOW BOARD ON SUNDAY. GO UP SATURDAY, STAY
6 SATURDAY NIGHT AND SNOW BOARD EARLY SUNDAY.
7 Q. SO WHEN THEY MADE THOSE CHANGES, HOW DID THAT
8 AFFECT YOUR PLANS?
9 A. I DECIDED TO STAY HOME ON FRIDAY NIGHT AND WAIT AND
10 GO WITH THEM.
11 Q. ARE YOU ABLE TO TELL US WHEN THOSE PLANS CHANGED
12 FOR YOU?
13 A. THE DAY I CAN’T BE SURE. I THINK IT WAS BEFORE
14 FRIDAY. WEDNESDAY OR THURSDAY, BUT I REALLY DON’T KNOW FOR
15 SURE.
16 Q. SO WHEN YOU CAME HOME FRIDAY YOU DID NOT EXPECT TO
17 GO TO BIG BEAR THAT EVENING?
18 A. NO.
19 Q. DO YOU REMEMBER ABOUT WHAT TIME YOU CAME HOME?
20 A. AROUND 6:00, 6:30.
21 Q. IS THERE A TIME FOR YOU TO QUIT WORK, A REGULAR
22 TIME WHERE YOU QUIT?
23 A. USUALLY AROUND 5:00.
24 Q. DO YOU CONSIDER YOURSELF ON THE CLOCK, SO ONCE IT’S
25 5 O’CLOCK YOU LEAVE OR JUST WHEN YOU FINISH WHATEVER?
26 A. WHEN YOU FINISH IS HOW WORK IS.
27 Q. DO YOU WEAR A WATCH?
28 A. NO.
3577
1 Q. WERE YOU PAYING ATTENTION TO THE TIME?
2 A. NO.
3 Q. WHEN YOU DROVE HOME THAT FRIDAY NIGHT, DID YOU HAVE
4 ANY CONTACT WITH FAMILY MEMBERS?
5 A. ON THE WAY HOME I THINK I CALLED BRENDA.
6 Q. WHY?
7 A. I DON’T REMEMBER WHO CALLED WHO BUT I TALKED TO HER
8 ON THE PHONE.
9 Q. WAS THERE ANY DISCUSSION BETWEEN THE TWO OF YOU?
10 A. SHE WAS GOING OUT FOR PIZZA. SHE ASKED WHERE I WAS
11 ‘CAUSE SHE WANTED TO KNOW IF SHE COULD GO OUT FOR PIZZA, AND I
12 WAS COMING OVER THE HILL AT MIRAMAR, WHICH IS FIVE MINUTES, LESS
13 THAN FIVE MINUTES FROM HOME.
14 Q. SO WHAT DID YOU DISCUSS?
15 A. SHE WAS GONNA GO OUT FOR PIZZA SINCE I WOULD BE
16 HOME SO SOON.
17 Q. WHEN YOU GOT HOME WHO WAS THERE?
18 A. THE KIDS WERE THERE.
19 Q. DO YOU KNOW WHAT THEY WERE DOING?
20 A. I THINK — I THINK THE BOYS WERE WATCHING TV. I
21 DON’T KNOW IF DANIELLE WAS WATCHING WITH THEM. THEY MIGHT HAVE
22 BEEN PLAYING, I’M NOT SURE.
23 Q. WAS YOUR WIFE THERE?
24 A. WHEN I FIRST PULLED UP I DON’T THINK SHE WAS THERE.
25 I THINK IT WAS SOON AFTERWARDS SHE PULLED BACK IN.
26 Q. DID SHE HAVE DINNER?
27 A. SHE HAD PIZZA, YEAH.
28 Q. WHAT HAPPENED?
3578
1 A. WE WENT IN AND HAD DINNER WITH THE KIDS, HAD PIZZA.
2 Q. WHAT DID YOU HAVE?
3 A. PIZZA.
4 Q. DID YOU DRINK ANYTHING?
5 A. HAD TWO BEERS WITH DINNER, WITH PIZZA.
6 Q. WHERE DO YOU KEEP THE BEERS?
7 A. IN THE GARAGE.
8 Q. WHAT’S OUT THERE?
9 A. THERE’S A REFRIGERATOR IN THE GARAGE. WE HAVE A
10 PICTURE OF WHERE IT IS, RIGHT BY THE DOOR OUT TO THE GARAGE.
11 (MARKED FOR ID: = TRIAL EX. 14, PHOTOS VAN DAM
12 RESIDENCE.)
13 Q. LET ME BEGIN BY SHOWING YOU COURT’S EXHIBIT 14,
14 THIS PHOTO DISPLAY BOARD LABELED AT THE TOP “VAN DAM RESIDENCE
15 ROMAN NUMERAL ONE.”
16 DO YOU RECOGNIZE WHAT WE HAVE DEPICTED HERE, MR.
17 VAN DAM?
18 A. YES. THAT’S MY HOUSE.
19 Q. PHOTOGRAPHS “A” AND “B” AT THE TOP, DO THEY SHOW
20 THE EXTERIOR OF YOUR RESIDENCE?
21 A. YES.
22 Q. DO YOU KNOW WHEN THESE PHOTOGRAPHS WERE TAKEN?
23 A. NOT EXACTLY, BUT I BELIEVE JUST AFTER THE 2ND OR
24 3RD, 4TH.
25 Q. I’M SORRY?
26 A. THE 2ND OR 3RD.
27 Q. ALL RIGHT.
28 A. SATURDAY OR SUNDAY.
3579
1 Q. THERE IS A HOUSE, AS WE LOOK AT THE PHOTOGRAPH,
2 IMMEDIATELY TO YOUR RIGHT THAT’S ON THE CORNER; IS THAT CORRECT?
3 A. YES.
4 Q. WAS THAT HOUSE OCCUPIED WHEN THIS HAPPENED?
5 A. I BELIEVE SOME PEOPLE HAD JUST MOVED IN. I DON’T
6 THINK THEY WERE STAYING THERE. I THINK THEY WERE PAINTING THE
7 HOUSE. IT WAS EITHER THURSDAY OR FRIDAY I TALKED TO THEM ‘CAUSE
8 THEY WERE PAINTING THE HOUSE.
9 Q. HAD THEY NOT YET MOVED IN?
10 A. NO, IT WAS EMPTY. I DON’T THINK THEY WERE STAYING
11 THERE.
12 Q. DESCRIBE WHAT WE HAVE IN PHOTOGRAPHS “C” AND “D” OF
13 EXHIBIT 14.
14 A. THAT’S THE FRONT DOOR TO MY HOUSE. IT’S RIGHT
15 AROUND THIS SIDE OF THE HOUSE. WE GO UP BETWEEN THE TWO FRONT
16 DOORS.
17 Q. SO THE FRONT DOOR IS OFF TO THE RIGHT-HAND SIDE OF
18 THE HOUSE AS WE LOOK AT IT ON EXHIBIT 14A?
19 A. YES, FROM THE FRONT.
20 Q. PHOTOGRAPHS “E”, “F” AND “G”, WHAT VANTAGE POINT
21 ARE THEY SHOWING US?
22 A. “E” IS THE ENTRYWAY AS YOU WALK IN THE FRONT DOOR.
23 THIS IS WHAT YOU SEE IN THE HOUSE. THIS IS A LITTLE FURTHER IN
24 THE FRONT DOOR.
25 Q. PHOTOGRAPH “F” IS A LITTLE FURTHER IN?
26 A. IT’S PHOTOGRAPH “F” AND THEN “G” IS WHEN YOU GO
27 INTO THE LIVING ROOM AND LOOK BACK ON THE DINING ROOM, AND THE
28 FRONT DOOR AREA IS OVER TO THE RIGHT ON PHOTOGRAPH “G”.
3580
1 Q. AND ON PHOTOGRAPH “G” APPEARS TO BE THE BEGINNING
2 OF A STAIRWAY. WHERE DOES THAT GO?
3 A. THIS GOES UPSTAIRS TO THE SECOND FLOOR OF THE
4 HOUSE.
5 Q. PHOTOGRAPH “H”, WHAT IS THAT SHOWING US?
6 A. “H” IS LOOKING FROM THE OTHER SIDE LOOKING AT WHERE
7 PHOTOGRAPH “G” WAS TAKEN FROM. THIS IS THE LIVING ROOM OF THE
8 HOUSE.
9 Q. SO PHOTOGRAPH “H” IS FROM THE DINING ROOM LOOKING
10 INTO THE LIVING ROOM?
11 A. YES.
12 Q. AND PHOTOGRAPH “I” SHOWS WHAT?
13 A. “I” IS IN THE LIVING ROOM AGAIN STANDING IN A
14 SIMILAR PLACE TO “G” TURNING TOWARDS THE FAMILY ROOM AREA AND
15 KITCHEN AREA, KITCHEN OVER HERE, FAMILY ROOM OVER HERE.
16 Q. SO THE GREEN COUCH WOULD BE IN WHAT ROOM?
17 A. IN THE — YOU’RE GOING TO GET ME WITH THIS FAMILY
18 ROOM/LIVING ROOM THING, AREN’T YOU — IN THE LIVING ROOM.
19 Q. AND WE’RE LOOKING INTO THE KITCHEN THROUGH THOSE
20 OPENINGS??
21 A. KITCHEN DIRECTLY AHEAD, SLIDING GLASS DOOR TO THE
22 BACKYARD AND FAMILY ROOM AREA OVER HERE TO THE LEFT.
23 Q. WE’VE HAD A FLOOR PLAN OF YOUR RESIDENCE PREPARED
24 AND THAT’S BEEN MARKED AS COURT’S EXHIBIT 16.
25 (MARKED FOR ID: = TRIAL EX. 16, FLOOR PLAN )
26 Q. AND IT’S LABELED AT THE TOP “VAN DAM RESIDENCE
27 DOWNSTAIRS.” DO YOU SEE WHAT WE HAVE DEPICTED THERE, MR. VAN
28 DAM?
3581
1 A. YES.
2 Q. DOES THAT DEPICT THE GROUND FLOOR AREA OF YOUR
3 HOME?
4 A. YES, IT DOES.
5 Q. AND USING THE POINTER, CAN YOU FIND THE FRONT OF
6 THE HOUSE FOR US?
7 A. FRONT OF THE HOUSE IS — HERE’S THE GARAGE DOOR.
8 Q. THE TOP IS THE TOP OF THE CHART?
9 A. TOP, YES.
10 Q. DO YOU SEE THE ENTRYWAY INTO YOUR RESIDENCE?
11 A. ENTRYWAY IS DOWN THE RIGHT SIDE FROM THE FRONT.
12 Q. WHERE IT’S LABELED ENTRY?
13 A. YES.
14 Q. AND AS YOU COME THROUGH THE ENTRYWAY TO YOUR HOUSE,
15 IS THERE AN OFFICE AREA ON THE DOWNSTAIRS AREA?
16 A. IF YOU TURN TO YOUR LEFT UPON ENTERING AND GO DOWN
17 THE SHORT HALL THERE’S AN OFFICE AREA, YES.
18 Q. AND IF YOU GO BACK TO THE MAIN ENTRYWAY TO THE
19 HOUSE AS YOU WORK YOUR WAY DOWN THAT TILE WALKWAY AREA —
20 A. YEAH.
21 Q. — WHERE ARE THE STAIRS TO UPSTAIRS?
22 A. STAIRS ARE DIRECTLY ON THE RIGHT AS YOU GO IN.
23 Q. THEY ARE LABELED AS SUCH?
24 A. YEAH.
25 Q. AS YOU CONTINUE THROUGH THE HOUSE APPEARS TO BE
26 SOME TABLE — OR A TABLE AND SIX CHAIRS ON THE LEFT-HAND SIDE OF
27 THE DIAGRAM. WHAT IS THAT?
28 A. THIS IS THE DINING ROOM AREA.
3582
1 Q. AND ON THE OPPOSITE SIDE OF THE TILE AREA IS WHAT?
2 A. LIVING ROOM AREA, GREEN SOFA’S IN THE PREVIOUS
3 PICTURES.
4 Q. AND AS YOU CONTINUE TO THE REAR OF THE HOUSE, WHAT
5 DO WE HAVE?
6 A. KITCHEN AREA, KITCHEN TABLE AND FAMILY ROOM AREA.
7 Q. ARE THERE — FROM THE DINING ROOM AREA AND THE
8 LIVING ROOM AREA IS THERE A CEILING ON THOSE ROOMS?
9 A. NO, THERE’S NO CEILING. WHEN YOU GO UPSTAIRS WHERE
10 THIS TILE IS THERE’S A BRIDGE ACROSS AND IT’S OPEN ON BOTH SIDES
11 TO THE DOWNSTAIRS, SO THIS WHOLE AREA HERE — ACTUALLY, THIS
12 WHOLE AREA HERE IS OPEN TO ABOVE, EXCEPT FOR THE BRIDGE THAT
13 CROSSES RIGHT WHERE THE TILE IS HERE.
14 Q. NOW, ARE THERE WINDOWS IN THAT PART OF THE HOUSE?
15 A. YES. THERE ARE WINDOWS HERE AND HERE IN THE
16 DOWNSTAIRS, AND THEY HAVE BLINDS ON THEM THAT WE OPEN OR SHUT TO
17 LET IN LIGHT. AND THEN THERE’RE DUPLICATE WINDOWS AT THE TOP
18 THAT MATCH THESE LOWER WINDOWS THAT HAVE NO BLINDS ON THEM.
19 Q. SO THERE ARE WINDOWS WITH BLINDS ON THE GROUND
20 FLOOR AREA?
21 A. YEAH.
22 Q. AND THERE ARE WINDOWS ABOVE THEM — WHAT WOULD BE
23 THE SECOND STORY AREA?
24 A. YEAH, WAY UP HIGH, CAN’T REALLY GET TO THEM.
25 Q. ARE THERE BLINDS ON THOSE?
26 A. NO BLINDS ON THOSE.
27 MR. FELDMAN: EXCUSE ME, YOUR HONOR. THE WITNESS ON THE
28 PREVIOUS QUESTION SAID HERE AND HERE AND WAS POINTING, BUT THE
3583
1 RECORD DOESN’T REFLECT WHERE HE WAS POINTING.
2 THE COURT: LET’S CLARIFY IT.
3
4 BY MR. DUSEK:
5 Q. WHERE YOU POINTED, SIR, DOES THAT APPEAR TO BE —
6 THE AREA THAT APPEARS TO BE WHITE, THAT’S THE WINDOW AREA OFF
7 THE DINING ROOM?
8 A. YES.
9 Q. WERE THERE ALSO WINDOWS IN THE LIVING ROOM ALSO
10 DEPICTED IN WHITE?
11 A. RIGHT.
12 MR. FELDMAN: EXCUSE ME. WHEN COUNSEL DID THAT HE WAS
13 INDICATING TO THE LEFT WHEN HE USED THE FIRST SERIES OF “HERES”
14 AND TO THE RIGHT WHEN HE USED THE SECOND SERIES OF “HERES.”
15 THE COURT: ALL RIGHT. SINCE I CAN’T SEE EITHER “HERE”
16 I’M GOING TO ASSUME YOU’RE CORRECT.
17 ALL RIGHT. MR. DUSEK.
18 MR. FELDMAN: THANK YOU.
19
20 BY MR. DUSEK:
21 Q. ARE ANY OF THOSE WINDOWS VISIBLE IN THE PHOTOGRAPHS
22 THAT WE HAVE IN EXHIBIT 14, MR. VAN DAM?
23 A. PHOTOGRAPH “G” SHOWS THE DINING ROOM AND THE LOWER
24 WINDOW AND THEN PART OF THE UPPER WINDOW HERE THAT GOES UP. AND
25 THEN PHOTOGRAPH “H” SHOWS THE LOWER TWO WINDOWS NEXT TO THE
26 FIREPLACE HERE WITH BLINDS ON THEM AND THEN PART OF THE TOP TWO
27 WINDOWS. YOU CAN SEE WHERE ON “H” WHERE THERE’S A HOLE UP TO
28 THE TOP AND IN “B” ON THE OTHER SIDE WHERE THERE IS A HOLE UP TO
3584
1 THE TOP. AND THIS IS THE BRIDGE THAT I SPOKE ABOUT.
2 Q. IT APPEARS TO BE ON THE TOP OF THE PHOTOGRAPH?
3 A. APPEARS TO BE AT THE TOP OF THE PHOTOGRAPH, YEAH.
4 Q. AND IS THERE ANYTHING TO RESTRICT THE LIGHT FROM
5 OUTSIDE COMING THROUGH THOSE UPPER WINDOWS THAT DON’T HAVE ANY
6 SHADE —
7 A. NO.
8 Q. — OR BLINDS?
9 WHERE IS THE GARAGE IN YOUR HOUSE IF WE’RE USING
10 THE DIAGRAM FLOOR PLAN? IS IT —
11 A. THE DIAGRAM HERE, IF YOU GO IN THE FRONT DOOR, YOU
12 TURN TO YOUR LEFT. IT’S THE SECOND DOOR ON YOUR LEFT. THE
13 FIRST DOOR’S A LAUNDRY ROOM AND THE SECOND DOOR ON YOUR LEFT
14 GOES OUT TO THE GARAGE.
15 Q. ALL RIGHT.
16 HOW MANY CARS FOR YOUR GARAGE?
17 A. IT’S A THREE CAR GARAGE OFFICIALLY, BUT AT THAT
18 TIME YOU COULD GET NO CARS IN IT, AND RIGHT NOW YOU CAN ONLY GET
19 ONE CAR IN IT BECAUSE OF THE STUFF WE HAVE IN IT.
20 Q. NOW, YOU MENTIONED THAT YOU WENT TO THE GARAGE TO
21 GET A BEER OR TWO, IS THAT RIGHT?
22 A. YES. GOT ONE BEER, HAD SOME PIZZA, GOT ANOTHER
23 BEER A LITTLE LATER, HAD MORE PIZZA WITH IT.
24 (MARKED FOR ID: = TRIAL EX. 18, PHOTOS A-G, VAN DAM
25 RESIDENCE/GARAGE)
26 Q. WE’VE HAD MARKED AS COURT’S EXHIBIT 18 ANOTHER
27 PHOTO DISPLAY BOARD LABELED AT THE TOP “VAN DAM RESIDENCE
28 GARAGE.” IT HAS PHOTOGRAPHS “A” THROUGH “G.” DO YOU RECOGNIZE
3585
1 WHAT’S DEPICTED THERE?
2 A. YES.
3 Q. PHOTOGRAPH “A”, WHAT IS THAT SHOWING US, MR. VAN
4 DAM?
5 A. WHEN YOU COME IN THE FRONT DOOR TO THE HOUSE AND
6 TURN TO YOUR LEFT, HERE’S THE LAUNDRY ROOM DOOR, HERE’S THE
7 GARAGE DOOR.
8 Q. LAUNDRY ROOM DOOR IS THE FIRST DOOR YOU COME TO?
9 A. YES.
10 Q. AND THE SECOND ONE THAT APPEARS TO BE OPEN THERE IS
11 INTO THE GARAGE?
12 A. YES.
13 Q. AND PHOTOGRAPHS “B,” “C,” “D” AND “E,” WHAT ARE
14 THEY SHOWING US?
15 A. A MESS. IF YOU GO OUT —
16 Q. IS THAT THE INTERIOR OF YOUR GARAGE?
17 A. INTERIOR OF THE GARAGE, YES. DO YOU WANT ME TO GO
18 INTO DETAIL ON WHICH WAY YOU’RE FACING?
19 Q. PHOTOGRAPH “B”, WHICH DIRECTION WERE YOU FACING?
20 A. ACTUALLY, CAN I GO OUT OF ORDER? IT MAKES A LITTLE
21 MORE SENSE.
22 IF YOU STEP INTO THE GARAGE IN THIS DOOR AND TURN
23 SLIGHTLY TO YOUR RIGHT, THIS IS TO THE RIGHT.
24 Q. SO THAT’S PHOTOGRAPH “E”?
25 A. PHOTOGRAPH “E”.
26 Q. THAT WOULD BE THE SIDE OF THE GARAGE. NOT ALL THE
27 WAY TO THE SIDE BECAUSE THIS DOOR’S OVER THERE.
28 Q. IT’S THE SIDE OF THE GARAGE?
3586
1 A. THE SIDE OF THE DOOR IS TO THE RIGHT OF THIS
2 PICTURE, BUT THAT’S THE SIDE WALL TO THE GARAGE.
3 Q. WHERE THE SURF BOARDS ARE.
4 A. YES, WHERE THE SURF BOARDS ARE. AND THEN IF YOU
5 TURN A LITTLE FURTHER LEFT, HERE’S THE MAIN DOOR TO THE GARAGE.
6 Q. THE MAIN DOUBLE GARAGE DOOR?
7 A. MAIN DOUBLE GARAGE DOOR. THEN AS YOU TURN FURTHER
8 TO THE LEFT IN THE BACK, THERE IS THE SINGLE GARAGE DOOR. AND
9 IF YOU STEP FURTHER OUT IN THE GARAGE, YOU TURN BACK, THIS IS
10 THE WORKBENCH AREA THAT YOU CAN SEE, THE CORNER OF THE WORKBENCH
11 IN “C” AND THE WORKBENCH IS IN “B” AND THE OTHER WALL OF THE
12 GARAGE THERE.
13 Q. DOWN AT THE BOTTOM WE HAVE PHOTOGRAPHS “F” AND “G.”
14 DO YOU RECOGNIZE WHAT’S DEPICTED IN “F”?
15 A. YEAH, MORE PICTURES OF THE GARAGE. PICTURE “F” IS
16 FURTHER OUT INTO THE GARAGE AND IT’S — IT CONNECTS WITH THE
17 RIGHT SIDE OF PHOTOGRAPH “E”. YOU CAN SEE THE DART BOARD IN “E”
18 AND “F.” SO IF YOU TURN FURTHER TO THE RIGHT, THERE IS THE SIDE
19 GARAGE DOOR THAT GOES TO THE SIDE OF THE HOUSE OUTDOORS, AND
20 THEN “G” IS A CLOSER UP OF THAT SIDE GARAGE DOOR.
21 Q. DO YOU SEE THE AREA WHERE YOU KEEP YOUR BEER? DID
22 WE GET IT?
23 A. THE REFRIGERATOR. THE CLOSEST THING TO THE
24 REFRIGERATOR IS RIGHT — THERE IT IS AND THERE IT IS AGAIN.
25 Q. SO THAT WOULD BE IN PHOTOGRAPH “A” ON THE RIGHT
26 HAND?
27 A. “A” ON THE RIGHT SIDE THROUGH THE DOOR AND “D” ON
28 THE RIGHT SIDE TO THE EDGE OF THE PICTURE THERE.
3587
1 Q. ALL RIGHT, SIR. WHERE WERE YOU EATING YOUR DINNER
2 THAT EVENING?
3 A. WE WERE ALL EATING AT THE KITCHEN TABLE IN THE
4 KITCHEN.
5 (MARKED FOR ID: = TRIAL EX. 17 VAN DAM KITCHEN)
6 Q. I’VE HAD MARKED AS COURT’S EXHIBIT 17 WHAT APPEARS
7 TO BE LABELED “VAN DAM RESIDENCE KITCHEN.” IT HAS TWO
8 PHOTOGRAPHS LABELED “A” AND “B.”
9 CAN YOU TELL US WHAT PHOTOGRAPH “A” SHOWS US, MR.
10 VAN DAM?
11 A. “A” IS STANDING IN THE FAMILY ROOM AREA LOOKING
12 INTO THE KITCHEN AREA AT THE KITCHEN TABLE AND THEN PHOTOGRAPH
13 “B” IS STANDING IN THE KITCHEN AREA LOOKING BACK ACROSS THE
14 KITCHEN TABLE INTO THE FAMILY ROOM AREA.
15 Q. IN PHOTOGRAPH “A” ON EXHIBIT 17 APPEARS TO BE
16 SLIDING DOORS ON THE LEFT SIDE OF THAT PHOTOGRAPH; IS THAT
17 CORRECT?
18 A. YES.
19 Q. WHERE DO THOSE SLIDING DOORS GO?
20 A. THE BACKYARD.
21 Q. IS YOUR BACKYARD FENCED IN IN SOME SORT OF WAY?
22 A. YES, IT’S FENCED.
23 Q. DESCRIBE HOW?
24 A. GOT A SIX-FOOT FENCE ALL THE WAY AROUND. IT’S GOT
25 A SLOPE IN THE BACK THAT THE FENCE GOES UP, AND THEN AT THE TOP
26 OF THE SLOPE THERE’S A WALL THAT’S PROBABLY A SEVEN OR EIGHT
27 FOOT BRICK WALL, AND THE FENCE CLOSES OFF SO YOU CAN’T GO
28 THROUGH IT ALL. ON — CAN I GO BACK TO THIS?
3588
1 Q. SURE.
2 A. IT CLOSES OFF SO YOU CAN’T GO THROUGH IT ALL. YOU
3 CAN WALK DOWN THIS SIDE OF THE HOUSE IN THE THIN AREA AND THIS
4 YOU CAN’T GO THROUGH.
5 Q. THAT’S REFERRING TO THE LEFT-HAND SIDE OF THE FLOOR
6 PLAN, DIAGRAM EXHIBIT 16?
7 A. YES. AND THEN ON THAT SAME DIAGRAM ON THE OTHER
8 SIDE THERE’S A PAVED WALKWAY THAT GOES TO A GATE THAT GOES OUT
9 TO THE SIDE OF THE HOUSE BESIDE THE GARAGE.
10 Q. AND THAT GATE IS ON THE RIGHT-HAND SIDE OF THE
11 DIAGRAM ON EXHIBIT 16?
12 A. YES.
13 Q. THANK YOU, SIR.
14 WHO ALL DID YOU EAT DINNER WITH?
15 A. OUR KIDS, MY WIFE AND I AND THE CHILDREN.
16 Q. DO YOU KNOW IF YOUR WIFE HAD ANY PLANS FOR THAT
17 EVENING?
18 A. YES, SHE DID.
19 Q. WHAT WERE HER PLANS?
20 A. SHE WAS GOING TO GO TO DAD’S CAFE WITH A COUPLE OF
21 HER FRIENDS.
22 Q. WHERE IS DAD’S?
23 A. DAD’S IS IN POWAY ON POWAY ROAD.
24 Q. DO YOU KNOW HOW FAR IT IS FROM YOUR PLACE?
25 A. I THINK WE DROVE DOWN THERE AND IT’S 2.3 MILES FROM
26 OUR HOUSE.
27 Q. DID I ASK YOU TO CLOCK IT?
28 A. YES, YOU DID. IT TOOK — DISTANCE OR TIME WISE,
3589
1 TOO?
2 Q. LET’S GO DISTANCE.
3 A. DISTANCE WAS 2.3 MILES, AND THE TIME IT TOOK WAS
4 FOUR MINUTES IN BOTH DIRECTIONS, MIDDLE OF THE DAY WITH MEDIUM
5 TRAFFIC.
6 Q. SO IT WOULD TAKE FOUR MINUTES TO GET THERE AND FOUR
7 MINUTES TO GET BACK?
8 A. YEAH.
9 Q. WHO WAS SHE GOING WITH?
10 A. BARBARA AND DENISE.
11 Q. BARBARA’S LAST NAME?
12 A. BARBARA EASTON.
13 Q. AND DENISE?
14 A. KEMEL.
15 Q. WHERE DID THEY LIVE?
16 A. TIERRA SANTA AREA.
17 Q. DO YOU KNOW HOW CLOSELY THEY LIVED TO EACH OTHER?
18 A. AT THE TIME RIGHT NEXT DOOR TO EACH OTHER.
19 Q. WHAT WERE YOUR RESPONSIBILITIES WHILE THEY WERE
20 GOING TO DAD’S?
21 A. I WAS GOING TO STAY HOME WITH THE KIDS.
22 Q. AND DO WHAT?
23 A. WE DIDN’T HAVE ANYTHING SPECIFIC PLANNED BUT WE
24 ENDED UP PLAYING VIDEO GAMES THAT NIGHT. I PLAYED VIDEO GAMES
25 WITH THE BOYS AND DANIELLE DID SOME READING AND WRITING IN HER
26 JOURNAL.
27 Q. HOMEWORK TYPE STUFF OR JUST FUN?
28 A. JUST FUN STUFF. SHE LIKED TO READ AND LOG THINGS
3590
1 IN HER JOURNAL.
2 Q. WHERE WAS SHE DOING THAT?
3 A. AT THE KITCHEN TABLE AT THE BEGINNING AND — AT THE
4 BEGINNING THE KITCHEN TABLE, AND LATER SHE MOVED TO THE CHAIR IN
5 THE FAMILY ROOM. SHOULD I SHOW YOU AGAIN?
6 Q. DO YOU SEE IT ON ONE OF THE EXHIBITS?
7 A. SHE MOVED TO — SHE WAS SITTING HERE AT THE KITCHEN
8 TABLE, AND WE WERE SITTING HERE PLAYING, AND THEN SHE MOVED TO
9 THIS CHAIR. AND I DON’T KNOW IF IT’S — ON SOME OF THE PICTURES
10 THAT IS. THESE THREE WHITE AREAS IN THIS EXHIBIT ARE HOLES IN
11 THE WALL, SO IT’S RIGHT VIEWABLE FROM WHERE WE WERE.
12 Q. YOU’RE REFERRING TO THE FLOOR PLAN ON EXHIBIT 16.
13 IF WE COULD USE, TO TRANSLATE WHERE YOU SAID SHE WAS INITIALLY
14 WORKING, LET’S USE THE PHOTOGRAPHS, IF WE COULD, ON EXHIBIT 17.
15 WHERE WAS SHE ORIGINALLY?
16 A. ACTUALLY THESE ARE STILL, TOO. THIS WAS REAL SOON
17 AFTER. SHE WAS SITTING HERE READING AND WRITING AND WE WERE
18 SITTING HERE ON THIS SOFA.
19 Q. I HEAR YOU’RE REFERRING TO COURT EXHIBIT 17
20 PHOTOGRAPH “B”, SHE WAS SITTING AT THE WOODEN CHAIR TO THE LEFT
21 SIDE OF THE PHOTOGRAPH?
22 A. CORRECT.
23 Q. AND THE MATERIAL ON THE TABLE APPEARED TO BE WHAT?
24 A. APPEARS TO BE HER JOURNAL.
25 Q. AND THEN YOU INDICATED LATER SHE WAS SITTING ON THE
26 SOFA BEHIND THE TABLE?
27 A. THERE’S A HOLE IN THE WALL AND THERE’S A CHAIR. I
28 THINK IT’S IN ONE OF THE PICTURES.
3591
1 Q. SO THAT WOULD BE IN THE LIVING ROOM AREA?
2 A. YES. I THINK IT MIGHT BE BENEATH THIS ONE.
3 Q. DO YOU SEE THE LOCATION WHERE SHE MOVED TO IN
4 EXHIBIT 14?
5 A. THIS CHAIR RIGHT HERE.
6 Q. AND PHOTOGRAPH “I” APPEARS TO BE THE BROWN HIGH
7 BACK CHAIR?
8 A. YES. AND THESE ARE THE HOLES IN THE WALLS AND
9 HERE’S THE SOFA IN THE OTHER ROOM. WE WERE SITTING ON IT.
10 Q. THE HOLES IN THE WALL BETWEEN THE LIVING ROOM AND
11 THE FAMILY ROOM, ARE THERE ANY SCREENS OR WINDOWS THERE?
12 A. NO.
13 Q. IT’S JUST AN OPEN AREA?
14 A. YEAH.
15 Q. AT SOME POINT THAT EVENING DID YOUR WIFE’S TWO
16 FRIENDS SHOW UP?
17 A. YES.
18 Q. WERE YOU KEEPING TRACK OF WHAT TIME IT WAS?
19 A. NO.
20 Q. DID YOU CHECK A WATCH OR A CLOCK OR ANYTHING?
21 A. NO. I MAY HAVE LOOKED AT THE CLOCK BUT I DON’T
22 REMEMBER THE TIME.
23 Q. CAN YOU APPROXIMATE OR NOT?
24 A. I BELIEVE AROUND 8:00, BEFORE 8:00.
25 Q. WHO ALL CAME BY?
26 A. BARBARA AND DENISE.
27 Q. WHAT HAPPENED WHEN THEY FIRST ARRIVED?
28 A. I WAS PLAYING VIDEO GAMES WITH THE BOYS AND I WENT
3592
1 TO THE DOOR AND LET THEM INSIDE AND SAID HELLO. BRENDA WAS
2 UPSTAIRS. I THINK THAT SHE HAD JUST FINISHED HER SHOWER. SHE
3 FINISHED THE SHOWER AND YOU COULD HEAR THE WATER RUNNING FROM
4 DOWNSTAIRS. I LET THEM IN, SAID HELLO, WENT BACK TO PLAYING
5 VIDEO GAMES WITH THE BOYS AND THEY SAT DOWN WITH DANIELLE IN THE
6 TABLE.
7 Q. IN THE KITCHEN AREA?
8 A. IN THE KITCHEN AREA.
9 Q. DID YOU HEAR OR SEE WHAT THEY WERE DOING?
10 A. NOT PARTICULARLY. THEY WERE TALKING TO DANIELLE
11 AND MAY OR MAY NOT HAVE EATEN SOME PIZZA. I THINK DENISE MIGHT
12 HAVE GIVEN THEM SOME PIZZA, I’M NOT SURE.
13 Q. WHAT ELSE HAPPENED THAT YOU REMEMBER?
14 A. BRENDA CAME DOWN, TALKED TO THEM FOR A WHILE AND
15 THEN THEY WENT OUT TO THE GARAGE.
16 Q. WHO ALL WENT OUT?
17 A. BRENDA AND BARBARA AND DENISE.
18 Q. DID YOU GO OUT WHEN THEY FIRST WENT OUT?
19 A. NO.
20 Q. DID YOU EVENTUALLY JOIN THEM?
21 A. YES, AFTER A WHILE, SOME STOPPING POINT IN THE
22 VIDEO GAME, I WENT OUT AND TALKED TO THEM FOR A MINUTE.
23 Q. WHERE IN THE GARAGE WERE THEY, SIR?
24 A. IN THE FLOOR PLAN HERE, THE WORKBENCH HERE.
25 Q. HERE BY THE WORKBENCH THAT IS GOING SIDE TO SIDE IN
26 THE GARAGE?
27 A. YES.
28 Q. AS OPPOSED TO THE WORKBENCH THAT’S GOING TOP —
3593
1 IS THAT VISIBLE IN THE PHOTOGRAPHS IN EXHIBIT 18?
2 A. YOU’VE GOT THE SIDE OF IT HERE. THEY WERE MORE ON
3 THE SIDE OF — YOU CAN’T SEE IT IN THIS PHOTO, THOUGH.
4 Q. IT WOULD BE OFF TO THE LEFT-HAND SIDE OF PHOTOGRAPH
5 “B”?
6 A. YES.
7 Q. WHAT WERE THEY DOING?
8 A. THEY WERE SMOKING CIGARETTES, SMOKING MARIJUANA AND
9 DRINKING. I DON’T KNOW IF THEY WERE DRINKING BEER OR SODA.
10 Q. DO YOU KNOW WHO WAS DRINKING THE BEER?
11 A. NO.
12 Q. WHO WAS SMOKING THE MARIJUANA?
13 A. I BELIEVE THEY ALL WERE.
14 Q. WHAT DID YOU DO?
15 A. I SMOKED SOME OF THE MARIJUANA. I THINK I TOOK A
16 PUFF OR TWO OF IT.
17 Q. WHY?
18 A. BECAUSE THEY HAD IT OUT THERE.
19 Q. DID THE POLICE EVENTUALLY ASKED YOU ABOUT WHETHER
20 OR NOT YOU USED MARIJUANA THAT NIGHT?
21 A. YES, THEY DID.
22 Q. THEY ASKED AT ONE OF THE INITIAL INTERVIEWS OF YOU?
23 A. WHEN THEY SPECIFICALLY ASKED, I INITIALLY SAID NO,
24 AND THEY THEN SAID THAT THAT DIDN’T MATTER, THAT THEY WERE MORE
25 INTERESTED IN FINDING DANIELLE, AND I IMMEDIATELY RESPONDED YES,
26 THAT WE HAD.
27 Q. SO WHEN THEY FIRST ASKED YOU IF YOU HAD SMOKED
28 MARIJUANA WHAT DID YOU SAY?
3594
1 A. NO.
2 Q. YOU LIED TO THEM?
3 A. YES.
4 Q. WHY?
5 A. I DIDN’T THINK IT MATTERED AND I DIDN’T WANT TO GET
6 IN TROUBLE FOR THAT.
7 Q. IN HINDSIGHT, DID YOU DO THE RIGHT THING?
8 MR. BOYCE: OBJECTION, IRRELEVANT.
9 THE COURT: SUSTAINED.
10 THE JURY’S ADVISED TO THE DISREGARD THE LAST
11 ANSWER.
12
13 BY MR. DUSEK:
14 Q. HOW LONG WERE YOU OUT THERE, ESTIMATE?
15 A. A MINUTE, MAYBE A LITTLE LONGER. I KNOW I WENT IN
16 BECAUSE I HAD SOCKS AND SHORTS AND A T-SHIRT ON AND IT WAS
17 REALLY COLD THAT NIGHT. THE GARAGE WAS REALLY COLD, SO I DIDN’T
18 WANT TO STAY OUT THERE.
19 Q. WHEN YOU LEFT THE GARAGE WHERE DID YOU GO?
20 A. BACK IN TO PLAY VIDEO GAMES WITH THE BOYS.
21 Q. FAMILY ROOM OR LIVING ROOM?
22 A. FAMILY ROOM.
23 Q. WHAT IS THE NEXT THING THAT HAPPENS, AS YOU RECALL?
24 A. THE GIRLS CAME BACK IN, SAID GOODBYE. I THINK I
25 GOT UP FROM THE VIDEO GAMES AGAIN AND SAID GOODBYE AT THE FRONT
26 DOOR TO THEM. THEY LEFT AND I WENT BACK TO VIDEO GAMES WITH THE
27 BOYS.
28 Q. ARE YOU ABLE TO ESTIMATE FOR US EITHER HOW LONG
3595
1 THEY WERE THERE OR ABOUT WHAT TIME THEY LEFT THE HOUSE?
2 A. SOMETIME AROUND 8:00, A LITTLE AFTER 8:00 THEY LEFT
3 I THINK.
4 Q. WERE YOU KEEPING —
5 A. NO, I COULDN’T TELL YOU FOR SURE HOW LONG.
6 Q. DO YOU RECALL IF IT WAS LIGHT OR DARK OUT?
7 A. I THINK IT WAS DARK BUT I’M NOT POSITIVE.
8 Q. AFTER THE THREE LADIES LEFT, WHAT DID YOU DO AFTER
9 THAT?
10 A. BACK TO THE VIDEO GAMES.
11 I THINK AT THAT POINT I GOT ANOTHER SLICE OF PIZZA,
12 ANOTHER BEER AND SHARED THAT WITH MY SON, DYLAN, THE YOUNGEST,
13 AND THEN GOT ANOTHER SLICE OF PIZZA AND SHARED THAT WITH HIM.
14 Q. SHARED THE PIZZA, NOT THE BEER?
15 A. SHARED THE PIZZA, NOT THE BEER.
16 Q. ALL RIGHT.
17 A. SOMETIME AFTER THAT DANIELLE HAD ASKED HOW TO SPELL
18 A FEW WORDS, BECAUSE AS SHE READS A BOOK AND WRITES IN THE
19 JOURNAL, SHE’S JUST LEARNING TO SPELL THE WORDS. SO I HELPED
20 HER SPELL A FEW WORDS, AND SHE ASKED US TO TURN THE TV DOWN AT
21 ONE POINT BECAUSE THE VIDEO GAME WAS REALLY LOUD. AND AT SOME
22 POINT AFTER THAT SHE MOVED TO THE CHAIR, AS I TALKED ABOUT
23 EARLIER, IN THE OTHER ROOM. WE PLAYED A LITTLE LONGER. AT SOME
24 TIME, A LITTLE BEFORE 10 O’CLOCK, I ASKED THAT THEY GO UP AND
25 GET READY FOR BED.
26 Q. STOP RIGHT THERE.
27 A. OKAY.
28 Q. THIS WAS A FRIDAY NIGHT?
3596
1 A. YES.
2 Q. DO THEY HAVE A DIFFERENT BEDTIME ON A SCHOOL NIGHT
3 OR A FRIDAY AND WEEKEND NIGHT?
4 A. YES. ON SCHOOL NIGHTS THEY GO TO BED AT 8 O’CLOCK.
5 WE PUT THEM DOWN. THEY START READING AND THEY USUALLY END UP
6 GOING TO BED ABOUT 8:30, BECAUSE WE READ WITH THEM FOR A WHILE.
7 ON FRIDAY AND SATURDAY NIGHT, IT JUST DEPENDS ON IF THEY HAVE
8 SOMETHING THE NEXT MORNING OR NOT. TEN O’CLOCK IS USUALLY THE
9 LATEST.
10 Q. DID ALL THREE KIDS GO TO BED AT THE SAME TIME OR
11 DID THEY HAVE VARYING —
12 A. THEY ALL — THEY ALL USUALLY GO TO BED ABOUT THE
13 SAME TIME. DEREK WILL ACTUALLY READ A LITTLE LATER. HE’LL BE
14 IN BED, THOUGH.
15 Q. WHEN YOU SENT THEM TO GET READY FOR BED DID YOU GO
16 TO ASSIST THEM IN ANY WAY?
17 A. WHEN I FIRST SENT THEM UP I TURNED THE TV ON AND
18 THE VIDEO GAME OFF AND LET THEM DO THEIR THING, BECAUSE THEY’RE
19 GETTING GOOD AT SELF-SUFFICIENCY. THEY BRUSH THEIR OWN TEETH
20 AND GET THEIR OWN BED CLOTHES ON. SO FOR FIVE OR 10 MINUTES
21 MAYBE THEY WERE UP THERE ALONE. THEN I WENT UP TO CHECK ON
22 THEM. DANIELLE WAS READING TO DYLAN IN HIS BED.
23 Q. IN DYLAN’S BEDROOM?
24 A. IN DYLAN’S BEDROOM, YEAH. HE WAS JUST GETTING TO
25 THAT LEARNING TO READ STAGE, AND SHE LIKES TO HELP HIM LEARN TO
26 READ. SO I WENT IN THAT BEDROOM, I ASKED HER TO GO JUMP IN HER
27 BED.
28 Q. WHY?
3597
1 A. PUTTING THEM TO BED. IT WAS TIME TO PUT THEM TO
2 BED. SO I TALKED TO DYLAN FOR A MINUTE, GAVE HIM A HUG AND A
3 KISS GOOD NIGHT, TUCKED HIM IN. WENT TO DANIELLE’S ROOM. SHE
4 HAD ALREADY GOTTEN UNDER THE COVERS AND PULLED THE COVERS UP ON
5 HERSELF. SAID GOOD NIGHT, GAVE HER A HUG, HUG AND KISS GOOD
6 NIGHT. WENT TO DEREK’S ROOM. I THINK HE WAS ON THE FLOOR
7 READING A BOOK, AND I ASKED HIM TO GET IN BED AND NOT READ FOR
8 MUCH LONGER. HE’S THE FIRST UP ANYWAY EVERY DAY, SO WE LET HIM.
9 SO HE GOT UP IN HIS BED, AND I LEFT THE LIGHT ON IN HIS ROOM AND
10 CRACKED THEIR DOORS.
11 Q. WHY DID YOU LEAVE THE DOORS CRACKED?
12 A. I WAS GOING TO WATCH TV, SO I DIDN’T WANT TO LEAVE
13 THEM OPEN ALL THE WAY BECAUSE THE NOISE FROM THE TV, SO I
14 CRACKED THEM ALL SIX TO EIGHT INCHES, I GUESS.
15 Q. DID THEY HAVE ANY NIGHT LIGHTS IN THEIR ROOM?
16 A. THEY ALL HAVE NIGHT LIGHTS BUT THAT NIGHT —
17 DEREK’S IS AN AUTO ON, I THINK, THAT WHEN THE ROOM GOES DARK THE
18 NIGHT LIGHT COMES ON BY ITSELF AND — BUT I LEFT DEREK IN HIS
19 ROOM WITH HIS LIGHT ON.
20 Q. THE ROOM LIGHT?
21 A. THE BIG LIGHT, YEAH, BECAUSE HE WAS READING. AND
22 THEN DYLAN’S WAS ON THAT NIGHT AND DANIELLE’S WAS BURNED OUT
23 THAT NIGHT, SO I OPENED THE BLINDS FOR THE FRONT STREET. SHE’S
24 GOT CORNER WINDOWS, AND I OPENED THE BINDS SO THERE’S
25 STREETLIGHT SHINING FOR LIKE IN THE ROOM..
26 (MARKED FOR ID: = TRIAL EX. 19 VAN DAM RESIDENCE PHOTOS )
27 Q. I THINK WE HAVE PHOTOGRAPHS —
28 WE’VE HAD MARKED AS COURT’S EXHIBIT 19 ANOTHER
3598
1 PHOTO DISPLAY BOARD LABELED AT THE TOP “VAN DAM RESIDENCE ROMAN
2 NUMERAL TWO.”
3 DO YOU RECOGNIZE WHAT WE HAVE DEPICTED THERE, MR.
4 VAN DAM? THERE APPEAR TO BE EIGHT PHOTOGRAPHS LABELED “A”
5 THROUGH “H.”
6 A. YES. THAT’S THE UPSTAIRS AREA HALL AREA OF THE
7 HOUSE.
8 Q. PHOTOGRAPHS “A” AND “B” SHOW THE STAIRWAY GOING TO
9 THE UPSTAIRS; IS THAT CORRECT?
10 A. YES.
11 Q. “F”, WHAT DOES THAT SHOW WHERE YOU’RE LOOKING FROM
12 AND WHERE YOU’RE LOOKING TO?
13 A. “F” IS IF YOU COME UP THE STAIRS WHICH ARE AROUND
14 THIS CORNER AND WALK ALL THE WAY TO DEREK’S BEDROOM AND HAVE HIS
15 DOOR AT YOUR BACK AND LOOK OUT TOWARDS THE MASTER BEDROOM. AND
16 DYLAN’S DOOR IS JUST BARELY VISIBLE ON THE CORNER OF THE
17 PHOTOGRAPH.
18 Q. SO ON PHOTOGRAPH “F” YOU’D BE STANDING AT THE DOOR?
19 A. DEREK’S DOOR, IT’S ON THE RIGHT-HAND SIDE OF THAT
20 HOUSE.
21 Q. ALL RIGHT. AND ON THE LEFT SIDE OF THAT PHOTOGRAPH
22 ARE SHARPLY ANGLED VIEWS OF DANIELLE AND DYLAN’S DOOR?
23 A. YES.
24 Q. FAR INTO THE PHOTOGRAPH THERE IS A DOOR INTO YOUR
25 BEDROOM?
26 A. YES, MASTER BEDROOM.
27 Q. ON THIS SIDE OF THE PICTURE APPEARS TO BE A WAIST
28 HIGH WALL?
3599
1 A. YES. THIS IS THE BRIDGE I SPOKE ABOUT EARLIER, AND
2 THE SIZE OF THE BRIDGE OF WINDOWS IN IT TO PULL OUT TO OPEN TO
3 LIKE —
4 Q. PHOTOGRAPH “H”, WHAT DOES THAT SHOW US?
5 A. THIS IS THE OPPOSITE END OF THE HALL, STANDING WITH
6 OUR BACK TO OUR BEDROOM DOOR, LOOKING DIRECTLY IN FRONT, AND YOU
7 CAN JUST BARELY SEE DYLAN’S AND DANIELLE’S DOORS ON THE RIGHT.
8 Q. IS THERE A BATHROOM UP THERE?
9 A. THE BATHROOM IS ON THE LEFT. YOU CAN’T REALLY SEE
10 THE DOOR HERE.
11 Q. WOULD THAT BE OPPOSITE DYLAN’S OR DANIELLE’S
12 BEDROOM?
13 A. ON THE OPPOSITE WALL, BUT NOT ALL THE WAY IN THE
14 CORNER. IF WE GO BACK TO “F” IT’S JUST ON THE RIGHT SIDE OF THE
15 PICTURE ON THE RIGHT SIDE OF THAT.
16 Q. ALL RIGHT.
17 THE FIRST CHILD YOU SAID GOOD NIGHT TO WAS WHICH
18 ONE?
19 A. DYLAN.
20 (MARKED FOR ID: = TRIAL EX. 22, DYLAN’S ROOM)
21 BY MR. DUSEK:
22 Q. WE’VE HAD MARKED AS COURT’S EXHIBIT 22, MR. VAN
23 DAM, A SERIES OF FOUR PHOTOGRAPHS LABELED “A” THROUGH “D.” DO
24 YOU RECOGNIZE WHAT WE HAVE DEPICTED THERE, SIR?
25 A. “A” IS LOOKING INTO DYLAN’S ROOM FROM HIS DOOR —
26 WITH HIS DOOR OPEN STRAIGHT IN HIS ROOM. “B” IS WHEN YOU STEP
27 INTO HIS ROOM AND TURN TO THE RIGHT OF IT. “C” IS WALKING
28 FURTHER INTO THE ROOM AND TURNING BACK AROUND IF THE CLOSET —
3600
1 THIS IS ACTUALLY A MIRRORED DOOR, SO IT’S A REFLECTION FROM THE
2 CLOSET AREA.
3 Q. THAT’S ON PHOTOGRAPH “C”?
4 A. ON PHOTOGRAPH “C” AND THEN “D” IS A TURNING MORE TO
5 THE RIGHT AND LOOKING BACK OUT THE DOOR INTO THE HALLWAY.
6 Q. IS THERE ANYTHING ON THE EXTERIOR OF DYLAN’S DOOR,
7 ANY SORT OF MARK OR SIGN?
8 A. YEAH. THERE’S A LITTLE TARZAN SWINGY STICKER
9 THERE.
10 Q. THAT’S ABOUT THE SAME HEIGHT AS THE DOOR STICKER
11 KNOB?
12 A. YES.
13 Q. WAS IT ON THE DOOR THAT EVENING?
14 A. YES.
15 Q. THE NEXT PERSON YOU’VE PUT TO BED WAS WHOM?
16 A. DANIELLE.
17 (MARKED FOR ID: = TRIAL EX. 23, PHOTOS A-K )
18 Q. I’VE HAD MARKED AS COURT’S EXHIBIT 23 ANOTHER PHOTO
19 DISPLAY BOARD LABELED “VAN DAM RESIDENCE, DANIELLE’S ROOM” AND
20 IT APPEARS TO HAVE PHOTOGRAPHS LABELED “A” THROUGH “K.”
21 DO YOU RECOGNIZE WHAT WE HAVE DEPICTED THERE, MR.
22 VAN DAM?
23 A. YES.
24 Q. PHOTOGRAPH “A”, WHAT IS THAT SHOWING?
25 A. THAT’S LOOKING AT DANIELLE’S DOOR ON THE LEFT AND
26 DYLAN — DYLAN’S DOOR ON THE RIGHT. “B” IS A DOOR OF DANIELLE’S
27 DOOR FROM THE OTHER SIDE CLOSER TO DEREK’S BEDROOM.
28 Q. HOLD ON FOR A MINUTE IF YOU WOULD.
3601
1 GOING BACK TO PHOTOGRAPH “A”, APPEARS TO BE
2 SOMETHING ON THE DOOR ON THE LEFT; IS THAT CORRECT?
3 A. YES.
4 Q. WHOSE DOOR IS THAT?
5 A. THAT’S DANIELLE’S DOOR.
6 Q. DID YOU HAVE SOMETHING ON THE EXTERIOR OF HER DOOR?
7 A. WHEN THE POLICE FIRST LET US BACK IN THE HOUSE.
8 Q. I’M TALKING ABOUT UP ON TOP.
9 A. OH, ON THE TOP OF THE DOOR IS THREE LITTLE CUTOUTS
10 FROM HER WALLPAPER. WHEN WE WALLPAPERED THE TOP OF HER ROOM
11 WITH THIS BORDER, SHE LIKED THE BORDER SO WE CUT SOME OUT AND WE
12 GLUED IT ON HER DOOR SO IT WOULD BE PRETTY.
13 Q. WERE THEY THERE THAT NIGHT?
14 A. YES.
15 Q. ARE THOSE CUTOUTS VISIBLE IN PHOTOGRAPH “B” ON THAT
16 EXHIBIT?
17 A. YES.
18 Q. GO TO PHOTOGRAPH “C.” WHAT IS THAT SHOWING US?
19 A. THAT’S WITH HER DOOR OPEN LOOKING IN HER ROOM.
20 Q. APPEARS TO BE A GATEWAY ON THAT DOORWAY.
21 WAS THAT THERE THAT NIGHT WHEN YOU PUT HER TO BED?
22 A. NO.
23 Q. WHEN DID THAT SHOW UP?
24 A. AFTER THEY FINGERPRINTED. YOU CAN SEE THE
25 FINGERPRINT DUST IN PHOTOS “B” AND “C” ALSO. AND AFTER THE
26 POLICE LET US BACK IN THE HOUSE, I ASKED THE ROOM — I ASKED THE
27 ROOM NOT BE CLEANED, SO WE PUT ONE OF THE DOG GATES UP AND PUT A
28 DO NOT ENTER SIGN ON THE DOOR.
3602
1 Q. DO YOU NEED A MOMENT OR ARE YOU ABLE TO CONTINUE?
2 A. I’LL TRY. I’LL TRY.
3 Q. PHOTOGRAPH “D” ON THAT EXHIBIT, WHERE IS THE
4 CAMERAMAN STANDING IN RELATION TO THAT ROOM?
5 A. THAT’S LOOKING DIRECTLY INTO THE ROOM FROM THE —
6 WITH THE DOOR OPEN.
7 Q. AND THE OBJECT THAT IS VISIBLE IN THAT PHOTOGRAPH
8 IS WHAT?
9 A. THAT’S HER BED WITH THE CANOPY OVER IT AND HER TOY
10 BOX AT THE BOTTOM.
11 Q. HOW LONG HAVE YOU FOLKS HAD THAT BED?
12 A. I THINK THE BED WAS ABOUT SIX MONTHS OLD.
13 Q. AND WHEN YOU’RE STANDING AT THE DOORWAY WHERE THIS
14 CAMERAMAN IS, CAN YOU SEE ANY MORE OF THE ROOM FROM THAT
15 POSITION?
16 A. YEAH, IF YOU LEAN TO THE RIGHT YOU CAN SEE INTO THE
17 REST OF THE ROOM.
18 Q. TO SEE THE REST OF THE ROOM YOU HAVE TO WALK
19 THROUGH THAT LITTLE NARROW —
20 A. TO SEE BACK INTO THE ROOM, YEAH, YEAH.
21 Q. AND AS WE GO UP TO THE NEXT ROW OF PHOTOGRAPHS,
22 “E,” “F” AND “G,” WHAT ARE THEY SHOWING US, STARTING WITH “E” IF
23 YOU WOULD?
24 A. “E” IS WHEN YOU WALK IN THE ROOM ALL THE WAY NEAR
25 THE WINDOW IN THE BACK OF THE ROOM LOOKING BACK OUT AT THE DOOR.
26 AND AGAIN, — AND AGAIN, THIS IS THE CLOSET AND THIS IS A
27 MIRRORED DOOR. SO THIS IS THE CLOSET AREA HERE.
28 Q. IN FACT, YOU CAN SEE THE CAMERAMAN IN THAT MIRROR,
3603
1 CAN’T YOU?
2 A. YEAH, YEAH.
3 Q. PHOTOGRAPH “F,” IF MY EYES ARE RIGHT, WHAT IS THAT
4 SHOWING US?
5 A. THAT’S HER BED, HER DRESSER AND HER BED. AND IF
6 YOU TURN LEFT FROM TAKING PHOTOGRAPH “D” JUST TO THE LEFT, THIS
7 IS HER DRESSER AND THIS IS HER BED.
8 Q. AND “G” IS WHAT?
9 A. “G”‘S HER BED.
10 Q. “H” SHOWS WHAT?
11 A. “H” IS WHEN YOU WALK IN THE ROOM FROM “D”, IF YOU
12 STEP RIGHT UP TO PHOTOGRAPH “D”, IF YOU STEP RIGHT UP TO THE TOY
13 BOX HERE AND TURN TO YOUR LEFT, HER CLOSET’S ON THE LEFT SIDE
14 AND HER DRESSER’S IN THE FRONT THERE.
15 Q. APPEARS TO BE A WHITE OBJECT ON THE FLOOR IN
16 PHOTOGRAPH “H.” WHAT’S THAT?
17 A. BEAN BAG CHAIR. THE KIDS’ BEAN BAG CHAIRS FOR
18 WATCHING TV.
19 Q. PHOTOGRAPH “I,” WHAT PART OF THE ROOM IS THAT
20 SHOWING?
21 A. “I” IS TURNING TO YOUR RIGHT IN PHOTOGRAPH “H”,
22 AGAIN STANDING RIGHT NEAR THE DOORWAY LOOKING BACK AT THE
23 WINDOW.
24 Q. WHAT TYPE OF COVERINGS DID YOU HAVE ON THAT WINDOW?
25 A. BLINDS IN THE WINDOW.
26 Q. WHAT DOES THAT LOOK OUT UPON?
27 A. OUT TO THE STREET. STRAIGHT OUT IS THE STREET OUT
28 THIS FRONT WINDOW, AND STRAIGHT OUT HERE IS THE HOUSE NEXT DOOR,
3604
1 BUT IT VIEWS THE STREET FROM AN ANGLE.
2 Q. WHEN YOU SAID RIGHT HERE, ON THE RIGHT-HAND SIDE OF
3 THAT PHOTOGRAPH WOULD GIVE YOU A VIEW OF YOUR NEIGHBOR’S HOUSE?
4 A. YEAH.
5 Q. ARE THERE ANY STREETLIGHTS IN YOUR AREA THERE?
6 A. YEAH. THERE’S STREETLIGHTS OUT FRONT OF THOSE
7 WINDOWS, AND ACTUALLY THE BLINDS ARE OPEN FROM WHEN I LIFT THEM
8 OPEN FOR HER, FOR THE LIGHT FOR HER.
9 Q. PHOTOGRAPH “J,” IS THAT A CLOSE-UP OF THE BEAN BAG
10 CHAIR?
11 A. YES.
12 Q. PHOTOGRAPH “K” WHAT IS THAT?
13 A. SHE HAD LITTLE FLUFFY HEARTS THAT WE HUNG FROM HER
14 FAN. YOU CAN SEE IN PHOTOGRAPH “I” AND I HAVE THE FLUFFIES AND
15 THIS IS A CLOSE-UP OF THE FLUFFY HEARTS.
16 Q. WHERE WAS SHE WHEN YOU PUT HER TO BED?
17 A. SHE WAS IN HER BED UNDER WITH THE DOLLIES HERE,
18 THESE DOLLIES.
19 Q. AFTER YOU PUT HER TO BED WHERE DID YOU GO, SIR?
20 A. AFTER I PUT HER TO BED I WENT TO DEREK’S ROOM AND
21 HE WAS READING ON THE FLOOR, LIGHTS WERE ON, ASKED HIM TO GET IN
22 BED AND CLOSED HIS DOOR TO A CRACK.
23 (MARKED FOR ID: = TRIAL EX. 21 DISPLAY BOARD)
24 Q. WE’VE HAD MARKED AS COURT’S EXHIBIT 21, ANOTHER
25 PHOTO DISPLAY BOARD LABELED 21, LABELED AT THE TOP IT SAYS “VAN
26 DAM’S RESIDENCE DEREK’S ROOM.” IT HAS FOUR PHOTOGRAPHS.
27 DID WE SPELL HIS NAME RIGHT?
28 A. NO.
3605
1 Q. HOW ARE YOU SUPPOSED TO SPELL IT?
2 A. D-E-R-E-K — D-E-R-E-K.
3 Q. SORRY. WHAT DOES PHOTOGRAPH — OR EXHIBIT 21 SHOW
4 US, PHOTOGRAPH “A”?
5 A. PHOTOGRAPH “A” IS STANDING IN THE HALL RIGHT NEXT
6 TO DANIELLE’S DOOR LOOKING INTO HIS ROOM.
7 Q. PHOTOGRAPH “B”?
8 A. PHOTOGRAPH “B” IS WHEN YOU JUST CROSS THE THRESHOLD
9 OF HIS DOOR LOOKING AGAIN STRAIGHT INTO HIS ROOM.
10 Q. PHOTOGRAPH “C”?
11 A. PHOTOGRAPH “C” IS WHEN YOU WALK OVER TO THE LEFT
12 SIDE OF THIS BLUE TABLE IN “B” AND YOU TURN BACK TOWARDS HIS
13 BED.
14 Q. HE APPEARS TO HAVE TWO BEDS IN HIS ROOM?
15 A. YEAH. THE OTHER KIDS WOULD SOMETIMES SLEEP IN THE
16 BOTTOM BED. SOMETIMES THE DOG SLEEPS THERE, TOO, NOW. BUT HE
17 WOULD ALMOST ALWAYS SLEEP ON THE TOP.
18 Q. PHOTOGRAPH “D”, WHAT DOES THAT SHOW US?
19 A. “D” IS TURNING TO YOUR RIGHT FROM PHOTOGRAPH “C”
20 LOOKING BACK AT THE DOOR. AND AGAIN, IT’S A MIRRORED DOOR HERE
21 AND THIS IS THE CLOSET AREA.
22 Q. DID HE HAVE ANYTHING ON THE EXTERIOR OF HIS BEDROOM
23 DOOR TO INDICATE ANYTHING AT ALL?
24 A. YEAH. I THINK IT’S A POKE’MAN STICKER THAT — I
25 THINK WE HAD TAKEN IT DOWN SINCE BECAUSE THE DOORS GOT PAINTED
26 BECAUSE OF THE ROOM BUT IT WAS POKE’MAN.
27 Q. YOU SAID HE WAS WHERE WHEN YOU CAME INTO HIS ROOM
28 TO PUT HIM TO BED?
3606
1 A. I THINK HE WAS LAYING ON THE FLOOR RIGHT HERE, I
2 BELIEVE.
3 Q. IN PHOTOGRAPH “B” IT APPEARS TO BE BETWEEN THE BED
4 AND THAT SMALL TABLE?
5 A. YEAH.
6 Q. DID HE ACTUALLY GET INTO BED FOR YOU?
7 A. I’M PRETTY SURE HE DID. HE ALWAYS DOES.
8 Q. ONCE YOU HAD ‘EM ALL IN BED WHAT DID YOU DO?
9 A. AS SOON AS I FINISHED WITH HIM I WENT TO GO
10 DOWNSTAIRS BUT A LIGHT WAS ON IN OUR ROOM AND I NOTICED THAT THE
11 DOG HAS A BED ON THE FLOOR IN OUR ROOM. MIGHT EVEN BE IN SOME
12 OF THE PHOTOS. SO THE DOG BED IS VISIBLE FROM WALKING BACK DOWN
13 FROM HIS ROOM, AND THE DOG HAD CHEWED THE INSIDES OUT OF HER
14 BED. SO I TOOK THE DOG BED AND I THINK I STUFFED A FEW OF THE
15 IN — STUFFING BACK INTO IT, AND I TOOK IT DOWNSTAIRS AND PUT IT
16 IN THE LAUNDRY ROOM AND TOOK THE DOG OUT.
17 (MARKED FOR ID: = TRIAL EX. 20 PHOTOS/MASTER BEDROOM)
18 Q. I THINK WE HAVE PHOTOGRAPHS HERE THAT WE’VE MARKED
19 AS COURT’S EXHIBIT 20 LABELED AT THE TOP “VAN DAM RESIDENCE
20 MASTER BEDROOM.” DO YOU RECOGNIZE WHAT WE HAVE DEPICTED THERE,
21 MR. VAN DAM?
22 A. YES. IT’S THE MASTER BEDROOM.
23 Q. PHOTOGRAPH “A” APPEARS TO BE TAKEN FROM WHAT ANGLE
24 LOOKING WHERE?
25 A. LOOKING STRAIGHT IN FROM ACROSS THE BRIDGE. THEN
26 “B” IS AGAIN WHEN YOU CROSS THE THRESHOLD OF THE DOOR LOOKING
27 STRAIGHT INTO THE ROOM.
28 Q. APPEARS TO BE A DRESSER WITH SOMETHING IN FRONT OF
3607
1 THAT DRESSER. WHAT’S THAT?
2 A. THIS IS A STEAM CLEANER AND SOME TOWELS AND THIS IS
3 ACTUALLY LIKE AN ARMOIRE.
4 Q. WHAT DO YOU HAVE IN THERE?
5 A. A TV IN THERE.
6 Q. PHOTOGRAPH “C,” WHAT DOES THAT SHOW?
7 A. “C” IS AS YOU STEPPED IN, TURNED TO THE RIGHT IN
8 THAT ROOM, LOOK AT THE BED AND THE BACK WALL. THAT WALL DOESN’T
9 REALLY LOOK BENT LIKE THAT, THOSE TWO PICTURES.
10 Q. WE TRIED TO DO A PANORAMIC, I THINK.
11 AND PHOTOGRAPH “D”, WHAT ARE WE SEEING THERE?
12 A. “D” IS WHEN YOU WALK TO THE BACK CORNER OF THE ROOM
13 AS IN “C” YOU WALK TO THIS BACK CORNER AND LOOK BACK ON THE
14 ENTRYWAY TO THE ROOM.
15 Q. SO YOU CAN SEE ACROSS THE BED AND TO THE BEDROOM
16 DOOR?
17 A. YES.
18 Q. WHERE WAS THE DOGGIE BED?
19 A. THE DOGGIE BED WAS RIGHT HERE IN FRONT — OH,
20 DOGGIE BED WAS RIGHT HERE NOW. DOGGIE BED WAS OVER HERE, WAS
21 WHERE SHE KEPT IT, BUT WHAT SHE HAD DONE WAS PULLED IT OUT TO
22 LIKE THIS AREA, ACTUALLY.
23 Q. HOLD ON, TOO MANY THISES AND THATS.
24 A. I’M SORRY, I’M SORRY. IN PHOTOGRAPH “C” —
25 Q. WHOA, MY TURN.
26 WHERE YOU SAID THE DOGGIE BED IS NOW YOU POINTED TO
27 PHOTOGRAPH “B” AND YOU POINTED NEAR THE STEAM CLEANER; IS THAT
28 CORRECT?
3608
1 A. CORRECT.
2 Q. AND WHERE WAS THE DOGGIE BED WHEN IT WAS — IN
3 WHICH PHOTOGRAPH?
4 A. IN PHOTOGRAPH “C” ON THE RIGHT SIDE ON THE FLOOR IN
5 FRONT OF THE NIGHTSTAND THERE.
6 Q. SO BETWEEN THE BED AND THE WALL THAT’S ON THE
7 RIGHT-HAND SIDE?
8 A. CORRECT.
9 Q. AND THEN THERE WAS A MESS THAT THE DOG HAD MADE, IS
10 THAT RIGHT?
11 A. THE DOG HAD PULLED THE DOGGIE BED OUT AND THERE WAS
12 STUFFING IN THE BED THAT WAS VISIBLE IN PHOTOGRAPH “A” ON THE
13 FLOOR.
14 Q. AND YOU CLEANED THAT UP SOMEHOW?
15 A. YEAH. I CLEANED THAT UP, TOOK IT DOWNSTAIRS.
16 Q. THEN WHAT DID YOU DO WITH THE DOG?
17 A. I PUT THE BED IN THE LAUNDRY ROOM AND TOOK THE DOG
18 TO THE BACK SLIDING GLASS DOOR, OPENED IT AND LET HER OUT TO GO
19 TO THE BATHROOM, CLOSED THE DOOR WHILE I WAS WAITING, ‘CAUSE IT
20 WAS COLD OUTSIDE, AND WHEN I — I WATCHED HER AND WHEN SHE WAS
21 DONE I LET HER BACK IN.
22 Q. THEN WHAT DID YOU DO?
23 A. LAID DOWN ON THE LOVE SEAT IN THE FAMILY ROOM AND
24 WATCHED TV SOME MORE.
25 Q. DO YOU REMEMBER WHAT YOU WATCHED?
26 A. NO. I WAS JUST CHANNEL SURFING AROUND.
27 Q. HOW LONG WOULD YOU ESTIMATE YOU REMAINED DOWN
28 THERE?
3609
1 A. TWENTY MINUTES, A HALF HOUR MAYBE.
2 Q. AND WHERE DID YOU GO?
3 A. WENT UPSTAIRS TO MY BEDROOM AND GOT IN BED.
4 Q. DID YOU DO ANYTHING WHILE YOU WERE UP THERE?
5 A. I BROUGHT THE DOG UP WITH ME AND CLOSED THE DOG IN
6 THE ROOM, GOT IN BED, TURNED ON THE TV, WATCHED TV FOR A LITTLE
7 WHILE LONGER. I’M PRETTY SURE THAT I WENT TO SLEEP BECAUSE I
8 DON’T REMEMBER WATCHING THE LOCAL NEWS.
9 Q. DO YOU USUALLY WATCH THE LOCAL NEWS?
10 A. I NOTICE IF IT STARTS. I GO BY THOSE CHANNELS AND
11 I NOTICE.
12 Q. WHY DID YOU CLOSE THE DOOR?
13 A. THE DOG HAD NO BED, SO I KNEW SHE’D BE ROAMING THE
14 HOUSE FOR SOMEWHERE ELSE TO SLEEP, BOTHERING THE KIDS AND
15 POSSIBLY PEE SOMEWHERE IN THE HOUSE. SHE WAS STILL A PUPPY.
16 Q. SO SHE WAS IN THE ROOM WITH YOU?
17 A. AT THAT TIME.
18 Q. DO YOU REMEMBER IF YOU TURNED THE TV OFF BEFORE YOU
19 WENT TO BED — FELL ASLEEP?
20 A. OH, YEAH.
21 Q. WHAT’S THE NEXT THING THAT YOU REMEMBER HAPPENING?
22 A. THE DOG WAS WHIMPERING I BELIEVE AROUND QUARTER
23 TILL 2:00 IN THE MORNING. SO HER WHIMPERING I BELIEVE WOKE ME
24 UP, AND I TOOK HER DOWNSTAIRS AND I AGAIN LET HER OUT BACK AND
25 WATCHED HER, AND THEN BROUGHT HER BACK IN, CLOSED THE DOOR AND
26 WENT BACK UPSTAIRS. I DIDN’T CLOSE MY DOOR THIS TIME. I LEFT
27 THE DOOR OPEN.
28 Q. WHY?
3610
1 A. BECAUSE I KNEW THAT DAD’S CLOSED AT 2:00 A.M. SO I
2 KNEW BRENDA WOULD BE HOME FAIRLY SOON. SO I LET THE DOG ROAM
3 THE HOUSE BECAUSE I KNEW THAT SHE’D GREET THEM WHEN THEY GOT
4 HOME.
5 Q. DO YOU KNOW WHAT IT WAS THAT WOKE YOU UP?
6 A. I BELIEVE IT WAS THE DOG WHIMPERING THAT WOKE ME UP
7 BUT I’M NOT SURE.
8 Q. IS THERE A ALARM LIGHT — IS YOUR HOUSE WIRED FOR
9 ALARM?
10 A. THE HOUSE IS WIRED FOR AN ALARM.
11 Q. EXPLAIN THE ALARM SYSTEM HOW IT WORKS.
12 A. THE ALARM SYSTEM, WE NEVER SET THE TIME, AND WHEN
13 IT’S NOT SET THE WAY IT WORKS IS THERE’S A PANEL AND IT HAS
14 GREEN LIGHTS AMONG IT. WHEN EVERYTHING’S CLOSED THE GREEN
15 LIGHTS ARE ON. AND THEN IT HAS A BUNCH OF ZONES, LIKE MAYBE
16 EIGHT ZONES, AND THE DOORS AND WINDOWS ARE GROUPED INTO THOSE
17 EIGHT ZONES, SO A NUMBER OF DOORS AND WINDOWS WILL BE ONE ZONE.
18 WHEN ANY ONE OF THOSE DOORS IS OPENED THE ALARM WILL CHIRP ONCE.
19 Q. HOW LOUDLY?
20 A. SHORT CHIRP, NOT TOO LOUD. I DON’T KNOW IF IT
21 AWAKENED ME. I DON’T KNOW WHETHER YOU CAN HEAR IT WITH THE TV.
22 I KNOW YOU CANNOT HEAR IT WITH THE TV UP TOO LOUD.
23 Q. YOU CANNOT OR YOU CAN?
24 A. YOU CANNOT. IF YOUR TV’S REAL QUIET YOU CAN HEAR
25 IT IN YOUR FAMILY ROOM.
26 Q. HOW MANY CHIRPS DOES IT GIVE?
27 A. I THINK FIVE CHIRPS, NOT EVEN FOUR CHIRPS, DEE,
28 DEE, DEE, DEE. AND AFTER IT CHIRPS IT DOESN’T MAKE ANY MORE
3611
1 SOUND, BUT A RED LIGHT FLASHES FOR THAT ZONE AND THE RED LIGHTS
2 KEEP FLASHING UNTIL THE DOORS ARE CLOSED.
3 Q. AND THAT SOLVES THE PROBLEM?
4 A. RIGHT. AND IF YOU OPEN ANOTHER DOOR IN THAT ZONE
5 IT DOESN’T MAKE A CHIRP OR ANYTHING.
6 Q. WHEN YOU GOT UP AT ABOUT QUARTER OF 2:00, HOW
7 CERTAIN ARE YOU ABOUT THE TIME, SIR?
8 A. I’M GUESSING ABOUT A QUARTER TILL 2:00, BECAUSE THE
9 ONLY TIME I WAS CERTAIN IS WHEN THEY GOT HOME, AND IT WAS A FEW
10 MINUTES BEFORE THEY GOT HOME.
11 Q. AND HOW DO YOU KNOW WHAT TIME THEY GOT HOME?
12 Q. I RECALL LOOKING AT THE CLOCK AT THAT TIME.
13 Q. WHAT TIME DID YOU SEE THE CLOCK?
14 A. 1:54, -5 OR -6 ARE THE NUMBERS. I BELIEVE IT’S
15 PROBABLY 1:54 WHEN THEY FIRST CAME IN, AND WHEN I LOOKED AT IT
16 AGAIN IT WAS -5 OR -6.
17 Q. WHEN YOUR DOG WOKE YOU UP THAT FIRST TIME WITH HER
18 WHIMPERING, DID YOU PAY ATTENTION TO — WELL, MAYBE I BETTER
19 START A LITTLE FURTHER.
20 WHERE ARE THE ALARM PADS IN YOUR HOUSE?
21 A. ACTUALLY, THE ONE YOU HAVE HERE ON, WHAT IS IT,
22 20 —
23 Q. EXHIBIT 20?
24 A. — EXHIBIT 20 PHOTOGRAPH “D” THERE’S AN ALARM PANEL
25 RIGHT HERE NEXT TO THE DOOR.
26 Q. CAN YOU TAKE THE BLUE FELT PEN AND CIRCLE THAT
27 PANEL FOR US?
28 A. (WITNESS COMPLYING.)
3612
1 Q. ALL RIGHT. YOU’VE CIRCLED THAT FOR US. IS THERE
2 ANOTHER PANEL IN THE HOUSE?
3 A. THERE’S ONE DOWNSTAIRS.
4 Q. IS THAT VISIBLE IN COURT’S EXHIBIT 18 LABELED “VAN
5 DAM RESIDENCE GARAGE”?
6 A. PHOTOGRAPH “A”.
7 Q. WOULD YOU CIRCLE IT FOR US?
8 A. (WITNESS COMPLYING.)
9 Q. WHEN YOU GOT UP AT ABOUT A QUARTER TO 2:00, WERE
10 YOU AWARE OF WHETHER OR NOT THAT ALARM PANEL WAS ACTIVATED?
11 A. NO.
12 Q. DID YOU PAY ATTENTION TO IT AT THAT TIME?
13 A. NO.
14 Q. AND AFTER YOU TOOK THE DOG DOWNSTAIRS AND WENT
15 OUTSIDE, YOU CAME BACK WHERE?
16 A. LET HER OUT, CAME BACK UP TO THE ROOM, DIDN’T BRING
17 HER. I DON’T KNOW IF SHE CAME INTO THE ROOM WITH ME OR NOT,
18 LAID BACK IN BED AND TURNED THE TV ON BECAUSE I KNEW THEY’D BE
19 HOME SOON.
20 Q. WHAT’S THE NEXT THING YOU REMEMBER HAPPENING?
21 A. I HEARD THE TRUCK DRIVE UP AND I HEARD THEM COME IN
22 THE HOUSE.
23 Q. WHOSE TRUCK?
24 A. BRENDA’S TRUCK.
25 Q. IS IT A TRUCK?
26 A. IT’S AN EXCURSION.
27 Q. WHAT’S THE NEXT THING THAT YOU HEARD OR SAW?
28 A. I HEARD VOICES. I HEARD THE GIRLS’ VOICES AND I
3613
1 HEARD MALE VOICES ALSO.
2 Q. AT THE TIME YOU HEARD THE GIRLS’ VOICES, DID YOU
3 KNOW WHO THEY WERE?
4 A. I DIDN’T KNOW FOR SURE BUT I ASSUMED IT WAS MY WIFE
5 AND HER FRIENDS.
6 Q. AND THE GUYS, COULD YOU TELL WHO THEY WERE?
7 A. NO, I COULDN’T.
8 Q. WHAT’S THE NEXT THING THAT HAPPENED?
9 A. BARBARA AND BRENDA CAME UPSTAIRS. I’M NOT SURE
10 THEY CAME UPSTAIRS TOGETHER. I THINK THEY DID. CAME INTO THE
11 ROOM, AND BARBARA JUMPED ON THE BED NEXT TO ME ON TOP OF THE
12 BLANKETS, AND I THINK BRENDA WENT IN THE BATHROOM BUT I’M NOT
13 SURE. LAID THERE WITH BARBARA FOR A MINUTE, AND BRENDA WENT OUT
14 OF THE ROOM, WENT BACK DOWNSTAIRS, AND AFTER A FEW MINUTES AGO
15 WE TURNED THE TV OFFICE, SNUGGLED UP WITH HER AND WE TALKED WITH
16 HER FOR JUST A MINUTE, AND I STARTED TO DOSE OFF AND BRENDA
17 ASKED US TO COME DOWN.
18 Q. WHAT WERE YOU DOING WITH BARBARA?
19 A. KISSED HER, SNUGGLED OR SOMETHING.
20 Q. DID YOU RUB HER BACK OR ANYTHING LIKE THAT?
21 A. I THINK I PUT MY ARM AROUND HER AND RUBBED HER
22 BACK, YES.
23 Q. HOW LONG WOULD YOU SAY YOU WERE UPSTAIRS WITH HER?
24 A. FIVE MINUTES ABOUT.
25 Q. WAS SHE ON TOP OF THE SHEETS OR UNDERNEATH THE
26 SHEETS?
27 A. SHE WAS ON TOP OF THE BLANKETS NEXT TO ME AND I WAS
28 UNDERNEATH THE BLANKETS.
3614
1 Q. DO YOU RECALL THEN THAT BRENDA CAME BACK UP?
2 A. BRENDA CAME BACK UP AND ASKED US TO COME
3 DOWNSTAIRS, SAID IT WAS RUDE OF US TO BE STAYING UP THERE WHILE
4 EVERYONE ELSE WAS DOWNSTAIRS.
5 Q. WHEN YOU REPORTED THE SITUATION TO LAW ENFORCEMENT
6 DID YOU INCLUDE THIS PART OF WHAT HAPPENED THAT EVENING TO LAW
7 ENFORCEMENT?
8 A. NOT AT FIRST.
9 Q. WHY NOT?
10 A. I — IT DIDN’T SEEM RELEVANT.
11 Q. WHAT DO YOU MEAN BY THAT?
12 A. AT FIRST — DIDN’T SEEM TO MATTER WHETHER OR NOT
13 BARBARA CAME UPSTAIRS OR NOT.
14 Q. WHY NOT?
15 A. STILL DOESN’T SEEM TO MATTER.
16 Q. DID THEY TELL YOU THEY WANTED TO KNOW EVERYTHING
17 THAT HAPPENED THAT NIGHT?
18 A. WHEN THEY TOLD ME THAT IT WAS CRITICAL THAT THEY
19 KNOW ABSOLUTELY EVERYTHING THAT HAPPENED THAT NIGHT I TOLD THEM
20 EVERYTHING THAT HAPPENED THAT NIGHT.
21 Q. WHEN YOU WENT DOWNSTAIRS, WHO ALL WAS THERE, MR.
22 VAN DAM?
23 A. KEITH AND — AND OF COURSE DENISE, BARBARA AND
24 BRENDA WERE THERE, AND KEITH AND RICH WERE THERE.
25 Q. DO YOU KNOW RICH’S LAST NAME?
26 A. RICH BRADY.
27 Q. HOW LONG HAD YOU KNOWN HIM?
28 A. ABOUT A YEAR.
3615
1 Q. AND YOU KNEW WHO KEITH WAS?
2 A. KEITH WAS HIS COUSIN.
3 Q. HAD YOU MET HIM BEFORE?
4 A. I MET HIM ON A FEW OCCASIONS AT RICH’S HOUSE.
5 Q. WHAT WAS GOING ON DOWNSTAIRS?
6 A. THEY WERE AT THE KITCHEN TABLE EATING PIZZA AND
7 COOKIES. SOMEONE WAS HEATING UP SOME PIZZA. AND THEY HAD A
8 THING OF CHOCOLATE CHIP COOKIES OUT ON THE TABLE.
9 Q. DO YOU KNOW IF THIS WAS NEW PIZZA OR PIZZA FROM YOU
10 GUYS?
11 A. PIZZA FROM NOON.
12 Q. DO YOU RECALL WHAT THEY WERE DRINKING?
13 A. I DON’T RECALL WHAT THEY WERE DRINKING.
14 Q. ANY ALCOHOL?
15 A. THEY MAY HAVE BEEN BUT I DON’T REMEMBER.
16 Q. DID YOU HAVE ANYTHING TO DRINK?
17 A. I HAD A GLASS OF TEA.
18 Q. HOW LONG DID THEY STAY THERE?
19 A. TEN, 20 MINUTES MAX, I CAN’T BE SURE.
20 Q. HOW DID THE GROUP BREAK UP?
21 A. DENISE WAS SAYING SHE WANTED TO GO. AFTER A WHILE
22 HER AND BARBARA LEFT. AFTER WE SAID GOODBYE TO THEM AT THE
23 FRONT DOOR BRENDA AND I WENT BACK IN AND TALKED TO KEITH AND
24 RICH FOR ANOTHER FEW MOMENTS AND ESCORTED THEM TO THE FRONT DOOR
25 AND SAY GOOD NIGHT.
26 Q. DID THEY LEAVE THE HOUSE?
27 A. YEAH.
28 Q. DID YOU SEE THEM LEAVE THE HOUSE?
3616
1 A. YEAH.
2 Q. DID THEY HAVE DANIELLE WITH THEM?
3 A. NO. CLOSED AND LOCKED THE DOOR BEHIND THEM.
4 MR. FELDMAN: I’M SORRY, YOUR HONOR.
5 THE COURT: CLOSED AND LOCKED THE DOOR BEHIND.
6 MR. FELDMAN: THANK YOU.
7 THE COURT: NEXT QUESTION.
8
9 BY MR. DUSEK:
10 Q. ARE YOU ABLE TO ESTIMATE FOR US, MR. VAN DAM, ABOUT
11 WHAT TIME IT WAS THAT THESE FOUR PEOPLE LEFT YOUR HOUSE?
12 A. ABOUT 2:30, THAT’S A BIG ABOUT, THOUGH.
13 Q. DID YOU ACTUALLY TAKE NOTE OF WHAT TIME IT WAS OR
14 IS THIS AN APPROXIMATION?
15 A. IT’S A BIG APPROXIMATION.
16 Q. ARE YOU ABLE TO APPROXIMATE ABOUT HOW LONG THEY
17 WERE AT THE HOUSE?
18 A. TEN TO 20 MINUTES I THINK.
19 Q. ANYBODY SMOKE ANY MARIJUANA AT THAT TIME WHEN ALL
20 THOSE PEOPLE WERE STILL AT THE HOUSE THERE AT 2 O’CLOCK OR SO?
21 A. NOT THAT I SAW.
22 Q. DID YOU SEE ANYBODY GO OUT IN THE GARAGE AND DO
23 ANYTHING?
24 A. NO.
25 Q. DID YOU GO OUT IN THE GARAGE AND DO ANYTHING?
26 A. NO.
27 Q. DID YOU SEE YOUR WIFE GO OUT IN THE GARAGE AND DO
28 ANYTHING?
3617
1 A. NO.
2 Q. AFTER THEY LEFT WHAT DID YOU DO?
3 A. WENT BACK UPSTAIRS. THIS TIME I TOOK HER TO
4 DEREK’S ROOM. I KNOW SHE SLEEPS SOMETIMES ON HIS LOWER BED, AND
5 HER TENDENCY IS SHE’S ALLOWED FREE ROAM OF THE HOUSE BUT IF
6 SHE’S AROUND SHE WILL GO IN BUT CONFINED SHE WON’T. WHEN SHE
7 DOESN’T HAVE A BED IN OUR ROOM SHE MAKES NOISE, AND I FIGURE IT
8 WOULD BE BETTER TO LET HER SLEEP ON THAT BED. SO I PUT HER IN
9 DEREK’S ROOM. WENT IN OUR ROOM, FORGET WHETHER BRENDA WAS
10 GETTING READY FOR BED OR ALREADY IN BED, GOT IN BED WITH BRENDA.
11 Q. DID YOU GUYS GO TO SLEEP?
12 A. WENT TO SLEEP.
13 Q. ARE YOU ABLE TO ESTIMATE ABOUT WHAT TIME IT WAS
14 WHEN YOU GUYS TURNED THE LIGHTS OFF?
15 A. I’D GUESS AROUND 2:30.
16 Q. AND AT THAT TIME DID YOU THINK THE HOUSE WAS
17 SECURE?
18 A. YES, BUT I DON’T RECALL SPECIFICALLY LOOKING AT THE
19 ALARM PAD.
20 Q. BUT WHEN YOU WENT TO BED THAT NIGHT DID YOU THINK
21 THE HOUSE WAS SECURE?
22 A. YES.
23 Q. DID YOU THINK ANYBODY ELSE WAS IN THAT HOUSE
24 BESIDES MEMBERS OF THE VAN DAM FAMILY?
25 A. NO.
26 Q. WHAT WAS THE NEXT THING THAT YOU BECAME AWARE OF
27 THAT EVENING, MR. VAN DAM?
28 A. SOMETIME AFTER 3:00, 3:15, 3:30, I DON’T KNOW, I
3618
1 RECALL SEEING A “3” ON THE CLOCK. WE’VE GOT A VCR CLOCK IN OUR
2 ROOM THAT’S IN THAT ARMOIRE CABINET.
3 Q. BY THE TELEVISION SET?
4 A. BY THE TELEVISION SET ON PHOTOGRAPH “B” THERE.
5 Q. ON EXHIBIT 20?
6 A. EXHIBIT 20, I’M SORRY. IT’S A SMALL CLOCK, SO I
7 CAN’T REALLY SEE THE NUMBERS THAT WELL. I THINK IT WAS AFTER
8 3:00. AND I DON’T KNOW WHAT WOKE ME UP. IT MIGHT HAVE BEEN
9 BECAUSE I HAD TO PEE, MIGHT HAVE BEEN A SOUND. BUT I NOTICED
10 WHEN I GOT UP THAT ONE OF THE RED LIGHTS ON THE ALARM PAD BY THE
11 DOOR OF THE MASTER BEDROOM WAS FLASHING.
12 Q. DO YOU REMEMBER HEARING THE CHIRPING SOUND BEFORE
13 YOU SAW THE LIGHT?
14 A. NO.
15 Q. BY LOOKING AT THE PAD WERE YOU ABLE TO DETERMINE
16 WHAT AREA TO CHECK FROM THE HOUSE?
17 A. YOU CAN BUT I DIDN’T. I JUST WENT TO CHECK.
18 Q. SO WHAT DID YOU DO?
19 A. WENT OUT OF OUR ROOM, DOWNSTAIRS. AS SOON AS I GOT
20 DOWNSTAIRS, I WENT TOWARDS THE KITCHEN AND NOTICED A COLD DRAFT
21 COMING INTO THE PASSAGE WAY BETWEEN THE DINING ROOM, LIVING ROOM
22 AREA AND THE KITCHEN FAMILY ROOM AREA.
23 Q. WHEN YOU GOT UP FROM BED DO YOU KNOW WHETHER OR NOT
24 YOUR WIFE WOKE UP?
25 A. NO.
26 Q. NO, SHE DIDN’T OR NO, YOU DON’T KNOW?
27 A. I DO NOT KNOW.
28 Q. DID SHE ACKNOWLEDGE YOU IN ANY SORT OF WAY OR SAY
3619
1 ANYTHING TO YOU?
2 A. NO, SHE DIDN’T.
3 Q. DID DID YOU SAY ANYTHING WHEN YOU CAME BACK TO BED
4 EVENTUALLY?
5 A. NO, NOT THAT I RECALL.
6 Q. SO AS YOU WERE HEADING DOWNSTAIRS TOWARDS THE REAR
7 OF THE HOUSE YOU NOTICED THIS COLD AIR?
8 A. YES.
9 Q. WHAT DID YOU DO?
10 A. WENT TO THE BACK DOOR, THE SLIDING GLASS DOOR, AND
11 IT WAS OPEN A CRACK SIX TO TEN INCHES, SOMETHING LIKE THAT. I
12 KNOW IT WAS A SMALL CRACK, LIKE YOU COULD STICK YOUR ARM
13 THROUGH, BUT NOT YOU COULD WALK THROUGH IT. I DON’T THINK IT
14 WAS WIDE ENOUGH THAT THE DOG COULD GO THROUGH IT EITHER.
15 Q. SO WE KNOW WHAT YOU’RE TALKING ABOUT, LET ME DIRECT
16 YOUR ATTENTION TO COURT’S EXHIBIT 17, WHAT’S LABELED “VAN DAM
17 RESIDENCE KITCHEN.” DO YOU SEE THE SLIDING DOOR THAT YOU’RE
18 TALKING ABOUT?
19 A. PHOTOGRAPH “A” RIGHT HERE, YOU CAN SEE THE HANDLE
20 OF IT IN PHOTOGRAPH “A”. IT’S CLOSE TO THE KITCHEN TABLE.
21 Q. THAT’S THE ONE THAT WAS AJAR?
22 A. YES.
23 Q. DO YOU KNOW IF THE — WHERE WAS THE DOG AT THAT
24 TIME?
25 A. IN DEREK’S ROOM.
26 Q. DID YOU —
27 A. I DON’T REMEMBER — I KNOW I — IN RECALLING IT
28 OVER AND OVER, I SOMETIMES THOUGHT I WOULD LET THE DOG OUT AT
3620
1 THAT TIME, AND I DON’T THINK I DID NOW BUT I’M NOT SURE.
2 Q. WHAT DID YOU DO ONCE YOU GOT TO THE DOOR?
3 A. CLOSED THE DOOR.
4 Q. DID YOU GO OUTSIDE TO CHECK?
5 A. NO.
6 Q. WHY NOT?
7 A. I DIDN’T THINK ANYTHING OF IT. THAT STATE OF MIND
8 I WAS IN, I QUICKLY WILL SAY IF I MADE THE ASSUMPTION THAT
9 SOMEONE — IT’S LIKE THE CIGARETTE AD OR SOMETHING, WHEN
10 EVERYBODY WAS SITTING AT THE TABLE.
11 Q. DO YOU REMEMBER IF THE HEATER WAS ON AS YOU
12 APPROACHED THAT BACK DOOR?
13 A. YEAH, THE HEATER WAS ON.
14 Q. DID YOU LOOK ANYWHERE ELSE AFTER YOU GOT THAT DOOR
15 CLOSED?
16 A. I CLOSED THAT DOOR, WENT BACK TO THE DOOR TO THE
17 GARAGE. I NOTICED BEFORE OPENING THAT DOOR THAT THE RED LIGHT
18 HAD GONE OUT —
19 Q. WHICH MEANS WHAT?
20 A. — ON THE ALARM PANEL, WHICH MEANS ALL THE DOORS
21 ARE SECURE. I WENT INTO THE GARAGE ANYWAY AND TURNED THE LIGHT
22 ON IN THE GARAGE AND LOOKED AT THE SIDE DOOR TO THE GARAGE. THE
23 LOCKS, WHEN THEY’RE LOCKED ARE UP AND DOWN AND WHEN THEY’RE
24 OPEN, THEY’RE SIDEWAYS. SO I DIDN’T ACTUALLY CHECK THE DOOR,
25 BUT I LOOKED AT THE DOOR, THE LOCK WAS IN THE LATCHED POSITION.
26 Q. NOW, HOW ABOUT THE DOOR LEADING FROM YOUR HOUSE
27 INTO THE GARAGE, IS THERE A LOCKING MECHANISM ON THAT?
28 A. THERE IS A LOCKING MECHANISM ON THAT. IT’S KEY
3621
1 LOCKED AND BECAUSE OF SMOKING CIGARETTES, CIGARS AND MARIJUANA
2 IN THE GARAGE, WE HAD TURNED THAT LOCK AROUND ON THE DOOR SO THE
3 LOCK WAS ACTUALLY ON THE OUTSIDE, NOT ON THE INSIDE.
4 THE COURT: COUNSEL, WE ARE GOING TO NEED TO BREAK FOR
5 LUNCH.
6 LADIES AND GENTLEMEN, YOU MIGHT NOTE THAT THE CLOCK
7 THAT YOU SEE IN THE COURTROOM IS DIFFERENT THAN THE REAL TIME.
8 THERE IS A REASON FOR THAT. THIS IS A COUNTY OF SAN DIEGO
9 MAINTAINED IMPLEMENT.
10 AT ANY RATE, LET’S ALL TRY AND COORDINATE OUR
11 WATCHES AND TIMES SO THAT WE CAN ALL BE TOGETHER AT THE SAME
12 TIME SO THAT ONE OR MORE OF YOU DON’T HOLD UP THE WHOLE GROUP.
13 PLEASE, REMEMBER THE ADMONITION OF THE COURT NOT TO DISCUSS ANY
14 OF THE EVIDENCE OR TESTIMONY AMONG YOURSELVES OR WITH ANY OTHER
15 INDIVIDUALS, NOR EXPRESS OPINIONS ON THE CASE UNTIL IT’S
16 SUBMITTED TO YOU FOR DECISION.
17 HAVE A PLEASANT LUNCH. BE OUTSIDE THE DOOR AT HALF
18 PAST 1:00, 1:30, PLEASE.
19
20 (AT 12:00 P.M. THE NOON RECESS WAS
TAKEN UNTIL 1:30 P.M. OF THE SAME DAY.)
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22 –O0O–
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