TRIAL DAY 13 – PART 2 – morning 2
SAN DIEGO, CALIFORNIA, TUESDAY, JUNE 25, 2002, (morning 2)
WITNESS:
Jennifer Shen (criminalist, testified about hairs, fibers, fingernail clippings – Examination continued – Cross-examination)
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1 THE COURT: WELCOME BACK, LADIES AND GENTLEMEN.
2 ALL RIGHT. MR. CLARKE.
3 MR. CLARKE: THANK YOU, YOUR HONOR.
4 I’VE HAD PREVIOUSLY MARKED AS EXHIBIT 136 A
5 PHOTOBOARD CONTAINING TWO PHOTOGRAPHS, “A” AND “B”, LABELED IN
6 THE UPPER LEFT “ITEM NO. 92” AND THE UPPER RIGHT “ITEM 5B.”
7 THE COURT: ALL RIGHT.
8 (MARKED FOR ID: = TRIAL EX. 136, 2 FIBER PHOTOS)
9 Q. MS. SHEN, IF I CAN SHOW YOU THIS EXHIBIT THAT’S
10 BEEN MARKED EXHIBIT 136, DOES IT APPEAR FAMILIAR TO YOU?
11 A. YES.
12 Q. WHAT DOES IT SHOW?
13 A. IT SHOWS A TWO COMPARISON PHOTOGRAPHS OF FIBERS I
14 LOOKED AT, THE BLUE-GRAY NYLON FIBERS.
15 THE PHOTOGRAPH DESIGNATED “A” IS ACTUALLY TAKEN
16 UNDER THE STEREOSCOPE, SO THAT’S THAT LOW MAGNIFICATION
17 MICROSCOPE. IT’S APPROXIMATELY 40 TIMES MAGNIFICATION, AND
18 THAT’S JUST TO SHOW THAT THE CONTOUR AND LENGTH OF THE FIBERS
19 ARE SIMILAR AND THE FIBER IS DESIGNATED IN THAT PHOTOGRAPH ONE
20 WAS COLLECTED FROM THE WHITE SHEET FROM AROUND THE VICTIM’S
21 BODY, AND THE SECOND WAS COLLECTED FROM AN ITEM OF LAUNDRY OUT
22 OF THE DEFENDANT’S WASHING MACHINE.
23 Q. SO THE SHEET FROM THE BODY IS ITEM NO. 92, THE LEFT
24 OF THOSE TWO FIBERS IN PHOTOGRAPH “A”?
25 A. YES.
26 Q. AND ITEM NO. 5B, THE FIBER ON THE RIGHT, DID THAT
27 COME FROM THE LAUNDRY INSIDE THE WASHING MACHINE IN MR.
28 WESTERFIELD’S RESIDENCE?
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1 A. YES.
2 Q. ALL RIGHT.
3 GO AHEAD AND TELL US WHAT PHOTOGRAPH “A” SHOWS.
4 A. WELL, IT DOES SHOW THAT THOSE TWO FIBERS, WHEN LAID
5 NEXT TO EACH OTHER, ARE SIMILAR IN LENGTH, CONTOUR AND COLOR IN
6 THE REFLECTIVE LIGHT, AND BY REFLECTIVE LIGHT I MEAN LIGHT
7 THAT’S BOUNCED OFF OF THE FIBER FROM ABOVE.
8 Q. THIS WOULD BE UNDER LOW MAGNIFICATION?
9 A. YES.
10 Q. ALL RIGHT.
11 IS THERE ANYTHING ELSE ABOUT PHOTOGRAPH “A” THAT’S
12 HELPFUL IN DESCRIBING WHAT YOU SAW IN MAKING YOUR COMPARISON?
13 A. IT JUST SHOWS THAT MACROSCOPICALLY, OR LOOKING AT
14 THE BIG THINGS, THAT THESE TWO FIBERS ARE SIMILAR TO EACH OTHER.
15 Q. WHAT ABOUT PHOTOGRAPH “B” ON EXHIBIT 136?
16 A. PHOTOGRAPH “B” WE’RE LOOKING AT THE SMALL THINGS.
17 THIS IS AT 400 TIMES MAGNIFICATION, AND IT’S ON THE COMPARISON
18 SCOPE THAT I PREVIOUSLY DESCRIBED, AND IT DEPICTS ITEM — FIBER
19 TAKEN FROM ITEM 92, WHICH IS THE SHEET FROM AROUND THE VICTIM’S
20 BODY, AND A FIBER TAKEN FROM ITEM 5B, WHICH IS FROM THE
21 DEFENDANT’S WASHING MACHINE, AND IT SHOWS THAT WHEN THEY ARE
22 LINED UP NEXT TO EACH OTHER THE COLOR IS SIMILAR, THE DIAMETER
23 OR WIDTH IS SIMILAR. THE INTERNAL CHARACTERISTICS OF THE FIBER
24 THAT YOU CAN SEE THERE ARE SIMILAR. AND SO IT SHOWS THAT, NOT
25 ONLY AS DEPICTED IN “A” ARE THE MACROSCOPIC OR BIG THINGS
26 SIMILAR AS YOU CAN SEE IN ITEM — IN PICTURE “B”, THE SMALL
27 THINGS OR THE MICROSCOPIC CHARACTERISTICS ARE ALSO SIMILAR.
28 Q. WITH REGARD TO THESE BLUE FIBERS TAKEN FROM BOTH
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1 THE BED SHEET — I’M SORRY, PERHAPS WE CAN GO BACK TO THE
2 PREVIOUS EXHIBIT, AT LEAST EXHIBIT 133. THOSE WERE AGAIN BLUE
3 FIBERS TAKEN FROM THE BODY SHEET AND — AS WELL AS THE HAIR AND,
4 IN ADDITION TO THAT, THE VEGETATION FROM AROUND THE VICTIM’S
5 BODY, CORRECT?
6 A. THAT’S CORRECT.
7 Q. DID THOSE FIBERS APPEAR TO BE SIMILAR TO THOSE
8 FIBERS THAT THEN YOU REMOVED FROM THE AREA OF THE CLOTHES
9 WASHER, WHAT WAS INSIDE THE CLOTHES WASHER, ITEM 5, THE CLOTHING
10 ON TOP OF THE DRYER, NO. 6, AND THE LAUNDRY FROM INSIDE THE
11 DRYER, NO. 7?
12 A. YES.
13 Q. WHAT CONCLUSIONS COULD YOU REACH IN MAKING THOSE
14 COMPARISONS?
15 A. I CONCLUDED THAT THOSE FIBERS ARE SIMILAR
16 MACROSCOPICALLY AND MICROSCOPICALLY AND THEY’RE SIMILAR
17 CHEMICALLY AND, THEREFORE, THEY COULD SHARE A COMMON SOURCE.
18 Q. WHAT TYPE OF FIBER WAS THIS?
19 A. THIS IS A NYLON FIBER.
20 Q. WERE THEY SIMILAR IN SIZE?
21 A. YES.
22 Q. WERE THEY SIMILAR IN DIAMETER?
23 A. YES.
24 Q. WERE THEY SIMILAR IN THEIR MICROSCOPIC
25 CHARACTERISTICS?
26 A. YES.
27 Q. AS A TRACE ANALYST IN YOUR EXAMINATION OF AN
28 EVIDENCE, ARE THERE ANY FACTORS THAT CAN INCREASE THE
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1 SIGNIFICANCE OF THE SIMILARITY OF JUST A SINGLE FIBER?
2 DOES THAT QUESTION MAKE SENSE?
3 A. COULD YOU REPEAT IT?
4 Q. SURE, LET ME TRY IT AGAIN.
5 YOU OBVIOUSLY FOUND WHAT YOU BELIEVED TO BE ORANGE
6 ACRYLIC FIBERS THAT COULD HAVE COME FROM THE SAME SOURCE, FIBER
7 FROM THE NECKLACE AND VARIOUS FIBERS.
8 MR. FELDMAN: OBJECTION, MISSTATES THE EVIDENCE,
9 “COMMON.”
10 THE COURT: OVERRULED.
11 YOU MAY CONCLUDE YOUR QUESTION.
12 MR. DUSEK: ACTUALLY, I’LL START AGAIN IF THAT’S ALL
13 RIGHT, YOUR HONOR.
14 THE COURT: ALL RIGHT.
15
16 BY MR. CLARKE:
17 Q. WITH RESPECT TO THE ORANGE ACRYLIC FIBER FOUND IN
18 THE VICTIM’S NECKLACE, YOU CONCLUDED THAT COULD HAVE COME FROM
19 THE SAME SOURCES FOUND — THE SAME SOURCE AS FIBERS FOUND INSIDE
20 MR. WESTERFIELD’S RESIDENCE, CORRECT?
21 MR. FELDMAN: YOUR HONOR, EXCUSE ME, SAME OBJECTION.
22 THE COURT: DULY NOTED.
23 YOU MAY ANSWER.
24 THE WITNESS: THAT’S CORRECT.
25
26 BY MR. CLARKE:
27 Q. WITH REGARD TO THE BLUE NYLON FIBERS YOU FOUND,
28 SIMILARLY, IN THE SENSE THAT THE FIBERS FOUND IN AND AROUND THE
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1 BODY OF DANIELLE VAN DAM COULD HAVE COME FROM THE SAME SOURCE AS
2 THE BLUE NYLON FIBERS FOUND INSIDE MR. WESTERFIELD’S RESIDENCE,
3 CORRECT?
4 A. THAT’S CORRECT.
5 Q. IS THERE ANY SIGNIFICANCE TO THE FACT THAT THERE
6 ARE MULTIPLE COLORS AND TYPES OF FIBERS THAT YOU FOUND SHARED
7 THAT SIMILARITY IN THIS CASE?
8 A. YES, THERE IS.
9 Q. TELL US WHAT THAT IS.
10 A. WHEN YOU HAVE A COMPARISON OF FIBERS, YOU HAVE
11 FIBERS THAT YOU FIND IN TWO DIFFERENT SOURCES, THERE ARE THINGS
12 THAT MAKE THEM MORE AND LESS SIGNIFICANT.
13 ONE OF THE THINGS THAT MAKES A FIBER COMPARISON
14 MORE SIGNIFICANT IS IF YOU HAVE MORE THAN ONE DISTINCTLY
15 DIFFERENT TYPE OF FIBER THAT YOU FIND IN EACH LOCATION. SO, IN
16 THIS CASE WE HAVE ORANGE AND BLUE FIBERS ON AND AROUND THE
17 VICTIM’S BODY, AND WE HAVE ORANGE AND BLUE FIBERS ON AND AROUND
18 THE DEFENDANT’S LAUNDRY. SO THE FACT THAT YOU HAVE MORE THAN
19 ONE FIBER IN THIS CASE, TWO THAT ARE DISTINCTLY DIFFERENT, THAT
20 INCREASES THE SIGNIFICANCE OF THE FIBER COMPARISON.
21 Q. WHAT ABOUT HAIR EVIDENCE? DOES THAT — THAT’S
22 ANOTHER FORM OF TRACE EVIDENCE, CORRECT?
23 A. YES.
24 Q. DOES THE PRESENCE OF CONSISTENCY IN ADDITIONAL
25 EVIDENCE, NAMELY HAIR EVIDENCE, ADD OR NOT ADD ANY SIGNIFICANCE
26 TO FIBER EVIDENCE AS YOU’VE PREVIOUSLY DESCRIBED IT?
27 A. WELL —
28 MR. FELDMAN: VAGUE, OBJECTION.
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1 THE COURT: DO YOU UNDERSTAND THE QUESTION?
2 THE WITNESS: YES.
3 THE COURT: YOU MAY ANSWER.
4 THE WITNESS: TRACE EVIDENCE MORE IS CERTAINLY BETTER.
5 SO THE MORE THINGS YOU HAVE TO COMPARE THE MORE SIGNIFICANT YOUR
6 COMPARISON BECOMES. SO IN A CASE WHERE YOU HAVE TWO DISTINCT
7 TYPES OF FIBERS THAT ARE SIMILAR, IF YOU ALSO HAVE HAIR FROM THE
8 VICTIM THAT IS SIMILAR, AND YOU WERE TO HAVE DOG HAIR CONSISTENT
9 WITH THE VICTIM’S THAT IS SIMILAR, WHEN YOU ADD IT ALL UP AND
10 THING AFTER THING AFTER THING AFTER THING, WHEN YOU ADD THOSE
11 TOGETHER IT BECOMES MUCH LESS LIKELY THAT THE FIBERS ARE FROM
12 SOME RANDOM SOURCE BECAUSE YOU HAVE SO MANY THINGS BACKING EACH
13 OTHER UP, SO IT BECOMES MORE SIGNIFICANT.
14 MR. DUSEK: ALL RIGHT, YOUR HONOR. I HAVE AN ADDITIONAL
15 BOARD, I BELIEVE HAS BEEN LABELED EXHIBIT 137 FOR
16 IDENTIFICATION.
17 MR. FELDMAN: YOUR HONOR, COULD I ASK PLEASE WHAT’S 132?
18 THE COURT: IT’S A PAGE OF A TEXTBOOK THAT YOU
19 INTRODUCED.
20 MR. FELDMAN: THANK YOU VERY MUCH. NO WONDER I DIDN’T
21 TYPE IT.
22 MR. CLARKE: EXHIBIT 137, YOUR HONOR, IS LABELED AT THE
23 TOP “EVIDENCE COLLECTED FROM DEFENDANT’S HOME.”
24 THE COURT: ALL RIGHT.
25 (MARKED FOR ID: = TRIAL EX. 137, EVIDENCE/WESTERFIELD
26 HOME)
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28 ///
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1 BY MR. CLARKE:
2 Q. MS. SHEN, I’D LIKE TO DIRECT YOUR ATTENTION TO
3 EXHIBIT 137. DOES IT APPEAR FAMILIAR TO YOU?
4 A. YES.
5 Q. WHAT DOES IT SHOW?
6 A. IT SHOWS THE ITEMS OF EVIDENCE WHICH WE HAVE BEEN
7 DISCUSSING, WHICH INCLUDE ITEM 5, 6, 7 AND 9, WHICH IS THE
8 LAUNDRY FROM THE DEFENDANT’S HOME, AND THE BEDDING FROM THE
9 DEFENDANT’S HOME, AND THE ITEMS 92, THE WHITE SHEET FROM AROUND
10 THE VICTIM’S BODY; 108, THE HAIR FROM THE VICTIM’S HEAD; 115,
11 WHICH IS VEGETATION THAT WAS COLLECTED FROM THE VICTIM’S LOWER
12 BACK AND; ITEM 120 WHICH, AS WE DISCUSSED, IS THE NECKLACE THAT
13 WAS REMOVED FROM THE VICTIM.
14 Q. ALL RIGHT. I’M SORRY, GO AHEAD.
15 A. IT SHOWS WHICH TYPES OF EVIDENCE WERE COLLECTED AND
16 ANALYZED FOR WHICH ONE OF THESE ITEMS OF EVIDENCE.
17 Q. DOES THIS EXHIBIT 137 CONTAIN THE SAME BASIC
18 INFORMATION AS IN — I’M SORRY, I BELIEVE IT’S EXHIBIT 133, THE
19 CHART THAT WAS RESTRICTED SIMPLY TO FIBER EVIDENCE?
20 A. YES.
21 Q. DOES EXHIBIT 137 THEN ADD IN ADDITIONAL TRACE TYPE
22 EVIDENCE?
23 A. YES.
24 Q. WHAT?
25 A. IT ADDS IN HAIR CONSISTENT WITH THE VICTIM AND DOG
26 HAIR CONSISTENT WITH THE VICTIM’S DOG.
27 Q. THIS JURY HAS HEARD PREVIOUS TESTIMONY, FOR
28 EXAMPLE, ABOUT EXHIBIT — I’M SORRY, ITEM NO. 5, THE LAUNDRY
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1 FROM THE CLOTHES WASHER THAT INCLUDED THE PRESENCE OF A HUMAN
2 HEAD HAIR, THAT MICROSCOPICALLY WAS CONSISTENT WITH THE VICTIM.
3 I’D LIKE YOU TO ASSUME THAT FURTHER EVIDENCE —
4 ACTUALLY, LET ME REPHRASE IT.
5 I’D LIKE YOU TO ASSUME THAT THAT HUMAN HEAD HAIR
6 LISTED IN EXHIBIT 5, MITOCHONDRIAL D. N. A. WAS UTILIZED TO TEST
7 THAT PARTICULAR ITEM, AND RESULTS WERE OBTAINED INDICATING THAT
8 IT COULD HAVE COME FROM DANIELLE VAN DAM.
9 ALL RIGHT?
10 A. OKAY.
11 Q. WITH RESPECT TO ITEM 5, IS THIS AN EXAMPLE OF THE
12 FIBERS AND HUMAN HEAD HAIR THAT YOU WERE SPEAKING ABOUT IN YOUR
13 PRIOR TESTIMONY ABOUT THE ADDITIONAL SIGNIFICANCE OF ADDITIONAL
14 TYPES OF EVIDENCE?
15 A. YES.
16 Q. CAN YOU ELABORATE ON THAT?
17 A. WELL, IN THIS PARTICULAR CASE WE HAVE THE PRESENCE
18 OF 20 TO 30 OF THESE ORANGE FIBERS PLUS WE HAVE SEVEN OF THE
19 DISTINCTIVELY DIFFERENT COLORED AND TYPE OF BLUE-GRAY NYLON
20 FIBERS. AND THEN, IN ADDITION TO THAT, THERE IS ONE HAIR THAT
21 IS CONSISTENT WITH THE VICTIM’S HAIR. SO WHEN YOU ADD THOSE
22 THREE THINGS TOGETHER, THOSE COMPARISONS BECOME MORE
23 SIGNIFICANT.
24 Q. ALL RIGHT.
25 LET’S TURN TO ITEM NO. 6, WHICH WAS LAUNDRY REMOVED
26 FROM ON TOP OF THE CLOTHES DRYER. DO YOU SEE THAT ITEM?
27 A. YES.
28 Q. YOU’VE PREVIOUSLY DESCRIBED THE 50 TO 100 ORANGE
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1 ACRYLIC FIBERS; IS THAT CORRECT?
2 A. CORRECT.
3 Q. AS WELL AS THE ONE BLUE-GRAY NYLON FIBER?
4 A. CORRECT.
5 Q. I’D LIKE YOU TO ASSUME THAT WITH RESPECT TO A DOG
6 HAIR TAKEN FROM THAT SAME ITEM NUMBER, ITEM NO. 6, THAT THAT HAS
7 OR IS VISUALLY CONSISTENT WITH — MICROSCOPICALLY AND VISUALLY
8 CONSISTENT WITH HAVING COME FROM THE VICTIM’S DOG.
9 DOES THAT ADD ANY SIGNIFICANCE TO THE FINDINGS IN
10 THAT ITEM NUMBER?
11 A. THE ADDITION OF THE DOG HAIR CONSISTENT WITH THE
12 VICTIM’S DOG MAKES THE FINDING OF THE SIMILARITY OF THE ORANGE
13 AND BLUE FIBERS FROM THE LAUNDRY TO THE VICTIM’S ENVIRONMENT.
14 THE DOG HAIR MAKES THAT MORE SIGNIFICANT.
15 SO AGAIN, IT’S AN ADDITIVE EFFECT. YOU HAVE THE
16 BLUE FIBERS AND THE ORANGE FIBERS AND THE DOG HAIR. SO TAKEN
17 TOGETHER THEY ARE MORE SIGNIFICANT.
18 Q. TURNING YOUR ATTENTION, IF I CAN, TO ITEM NO. 7,
19 LAUNDRY FROM INSIDE THE CLOTHES DRYER, YOU HAVE ALREADY
20 DESCRIBED THE PRESENCE OF THE 50 TO 100 ORANGE ACRYLIC FIBERS
21 AND TWO BLUE-GRAY NYLON FIBERS; IS THAT CORRECT?
22 A. THAT’S CORRECT.
23 MR. CLARKE: SORRY. COULD I HAVE JUST A MOMENT, YOUR
24 HONOR?
25 THE COURT: SURE.
26 (PAUSE)
27 BY MR. CLARKE:
28 Q. I’D LIKE YOU TO ALSO ASSUME WITH RESPECT TO NO. 7
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1 THAT THERE WAS A HUMAN HEAD HAIR THAT WAS DETERMINED
2 MICROSCOPICALLY TO BE POTENTIALLY FROM THE VICTIM DANIELLE VAN
3 DAM, AND THAT MITOCHONDRIAL D. N. A. TESTING WAS PERFORMED ON
4 THAT SAMPLE CORROBORATING THAT IT COULD HAVE COME FROM DANIELLE
5 VAN DAM.
6 DOES THE PRESENCE OF THAT HUMAN HEAD HAIR ADD
7 SIGNIFICANCE TO YOUR FINDINGS OF FIBERS IN ITEM 7?
8 A. YES, IT DOES. IT’S THE SAME CONCEPT AS IN ITEM NO.
9 5. WE HAVE SEVERAL ORANGE FIBERS, WE HAVE THE TWO BLUE FIBERS,
10 AND WHEN YOU ADD THE HUMAN HAIR ON TOP OF THAT, THE FIBER
11 COMPARISON BECOMES MORE SIGNIFICANT.
12 Q. LASTLY, WITH REGARD TO ITEM NO. 9, I’D LIKE YOU TO
13 ASSUME THAT — WELL, FIRST OF ALL, I THINK YOU LIST 10 TO 20
14 ORANGE ACRYLIC FIBERS THAT YOU ESTIMATED CAME FROM THAT ITEM
15 NUMBER; IS THAT CORRECT?
16 A. CORRECT.
17 Q. I’D LIKE YOU TO ASSUME THAT THERE ARE ALSO SIX
18 HUMAN HEAD HAIRS IN ITEM NO. 9 THAT ARE BOTH MICROSCOPICALLY
19 CONSISTENT, THAT IS, COULD HAVE COME FROM DANIELLE VAN DAM, AND
20 THAT MITOCHONDRIAL D. N. A. TESTING WAS PERFORMED ON THOSE SIX
21 HEAD HAIRS CORROBORATING THAT THEY COULD HAVE COME FROM DANIELLE
22 VAN DAM.
23 DOES THE PRESENCE OF THOSE HEAD HAIRS ADD
24 SIGNIFICANCE TO YOUR FINDINGS WITH RESPECT TO FIBER EVIDENCE IN
25 ITEM NO. 9?
26 A. YES. THE PRESENCE OF THE HAIRS CAUSES THE PRESENCE
27 OF THE FIBERS TO BE MORE SIGNIFICANT.
28 WE HAVE TWO THINGS HERE INSTEAD OF JUST THE ONE, SO
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1 WHEN YOU ADD THEM TOGETHER THEY’RE MORE MEANINGFUL.
2 Q. WHAT ABOUT THE FACT THAT ITEMS 5, 6 AND 7 ARE FROM
3 THE LAUNDRY ROOM, AND ITEM NO. 9 IS ACTUALLY FROM A SEPARATE
4 ROOM, A BEDROOM. DOES THAT HAVE ANY ROLE IN DETERMINING ANY
5 SIGNIFICANCE?
6 A. WELL, REALLY THE SIGNIFICANCE HERE IS THAT IN THIS
7 PARTICULAR ENVIRONMENT, WHICH WOULD BE IN THE DEFENDANT’S HOME,
8 WE HAVE THE ORANGE FIBERS, THE BLUE FIBERS, HAIR CONSISTENT WITH
9 THE VICTIM’S AND DOG HAIR CONSISTENT WITH THE VICTIM’S DOG. SO
10 YOU HAVE ALL FOUR OF THOSE THINGS IN THIS ENVIRONMENT.
11 AND THE FACT THAT IT IS IN SO MANY PLACES
12 CERTAINLY — IT’S SORT OF AN ADDITIVE EFFECT. YOU FOUND IT IN
13 SEVERAL PLACES. IT’S ALL IN ONE ENVIRONMENT. SO YOU CAN SAY WE
14 HAVE FOUR THINGS REALLY INSTEAD OF THREE THINGS AS WHEN WE BROKE
15 IT DOWN INTO THE INDIVIDUAL ITEMS.
16 MR. DUSEK: THANK YOU VERY MUCH. I HAVE NO FURTHER
17 QUESTIONS, YOUR HONOR.
18 THE COURT: CROSS-EXAMINATION.
19
20 CROSS-EXAMINATION +
21 BY MR. FELDMAN:
22 Q. YOU’RE USING THE WORD “ENVIRONMENT.’
23 I’M SORRY, MA’AM. GOOD MORNING.
24 A. GOOD MORNING.
25 Q. BUT WE INTRODUCED EACH OTHER AT THE BREAK, SO IT’S
26 NOT —
27 A. YES.
28 Q. YOU’VE BEEN USING THE WORD “ENVIRONMENT” QUITE
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1 FREQUENTLY. CAN YOU TELL THE JURY WHAT DO YOU MEAN BY
2 ENVIRONMENT?
3 A. IN THIS CASE I’M REFERRING TO SOMEPLACE THAT
4 SOMEONE LIVES, THEIR ENVIRONMENT WHERE THEY SPEND A LOT OF TIME,
5 WHERE THEIR BELONGINGS ARE.
6 Q. LIKE A HOUSE?
7 A. LIKE A HOUSE.
8 Q. IS THAT RIGHT?
9 SO, DIRECTING YOUR ATTENTION TO WHAT’S BEEN
10 PREVIOUSLY MARKED EXHIBIT 29, IF YOU IGNORE “F” DOWN AND JUST
11 LOOK AT “A”, “B”, “C”, “D” AND “E”, DOES THAT LOOK LIKE
12 SOMEONE’S HOME ENVIRONMENT?
13 A. YES.
14 Q. WERE YOU IN THE WESTERFIELD RESIDENCE?
15 A. I WAS. I SPENT THE MAJORITY OF MY TIME UPSTAIRS,
16 HOWEVER.
17 Q. SO YOU DON’T RECOGNIZE WHETHER OR NOT THIS IS THE
18 DOWNSTAIRS OF THE RESIDENCE?
19 A. IT LOOKS VAGUELY FAMILIAR.
20 Q. OKAY.
21 BUT REGARDLESS, THE DOWNSTAIRS IS AN ENVIRONMENT
22 SUCH AS THAT YOU’VE BEEN REFERRING TO; IS THAT CORRECT?
23 A. THAT IS CORRECT.
24 Q. AND YOUR USE OF THE TERM “ENVIRONMENT” WOULD
25 INCLUDE THE VARIETY OF ROOMS THAT ARE DEPICTED IN 29, IS THAT
26 RIGHT?
27 A. YES.
28 Q. IS A DANCE FLOOR AN ENVIRONMENT?
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1 A. A DANCE FLOOR?
2 Q. YES.
3 A. SUPPOSE IT COULD BE.
4 Q. PARDON ME?
5 A. I SUPPOSE IT COULD BE.
6 MR. FELDMAN: YOUR HONOR, I DON’T KNOW THE EXHIBIT NUMBER
7 FOR THE DAD’S BAR. THAT’S THE CHART I’M LOOKING FOR. I
8 RECOGNIZE WE’RE ALL OVER IN TERMS OF EXHIBITS, I’M SORRY.
9 THE COURT: 31 — 30, 31.
10
11 BY MR. FELDMAN:
12 Q. I’D LIKE TO DIRECT YOUR ATTENTION TO WHAT’S BEEN
13 PREVIOUSLY MARKED 31. EXHIBIT 31 IS CALLED DAD’S CAFE AND STEAK
14 HOUSE.
15 DID YOU GO THERE?
16 A. NO.
17 Q. WOULD YOU DESCRIBE, SAY, THE AREA DEPICTED IN “B”
18 OR “C” OR “D” OR “E” AS AN ENVIRONMENT?
19 A. YES.
20 Q. SO WITH REGARD TO ISSUES OF ENVIRONMENT, JUST THE
21 TERM AS YOU USE IT WOULD INCLUDE SUCH PLACES AS A BAR, A
22 RESTAURANT, A CAR, A RESIDENCE, IS THAT RIGHT?
23 A. YES.
24 Q. AND IF AN INDIVIDUAL AND ANOTHER INDIVIDUAL HAD
25 SHARED A COMMON ENVIRONMENT FROM TIME TO TIME, MIGHT THAT
26 EXPLAIN HOW ONE OR THE OTHER INDIVIDUALS MIGHT HAVE SIMILAR
27 TRACE EVIDENCE?
28 A. IF TWO INDIVIDUALS SHARED AN ENVIRONMENT, WOULD
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1 THAT EXPLAIN —
2 Q. PRESENCE OF POTENTIAL COMMON TRACE EVIDENCE?
3 A. TRANSFERRED BETWEEN THEM?
4 Q. YES.
5 A. YES.
6 Q. IF I WENT TO YOUR HOUSE, AND I WALKED THROUGH YOUR
7 HOUSE WITH MY CHILDREN, AND MY CHILDREN JUMPED UP AND DOWN, AND
8 THEY CAME BACK TO MY HOUSE AND YOU CAME IN AS AN EVIDENCE TECH,
9 MIGHT YOU FIND SOME OF YOUR ENVIRONMENT IN MY HOUSE?
10 A. IT’S POSSIBLE.
11 Q. WELL, THERE’S THIS PRINCIPLE CALLED THE LOCARD
12 EXCHANGE THEORY, CORRECT?
13 A. YES.
14 Q. AND THAT ACCOUNTS INFORMATION THE TRANSFER OF TRACE
15 EVIDENCE FROM ONE POINT TO ANOTHER; ISN’T THAT CORRECT?
16 A. YES.
17 Q. AND THE LOCARD EXCHANGE PRINCIPLE MIGHT EXPLAIN THE
18 HYPOTHETICAL SCENARIO I JUST GAVE TO YOU THAT I CAME TO YOUR
19 HOUSE WITH MY CHILDREN, MY CHILDREN RAN AROUND, CAME BACK TO MY
20 HOUSE, AND YOU DISCOVER YOUR ENVIRONMENT IN MY HOUSE, RIGHT?
21 A. YES.
22 Q. EVEN THOUGH YOU AND I HAVE VIRTUALLY NO
23 RELATIONSHIP OTHER THAN THAT ONE ENCOUNTER, CORRECT?
24 A. YES.
25 Q. IF THEN I SAW YOU, WE’LL SAY, 24 HOURS BEFORE ONE
26 OF MY CHILDREN DISAPPEARED AND I DANCED WITH YOU, AND IN THE
27 PROCESS OF THE DANCE YOU TOUCHED ME, MIGHT I GET SOME OF YOUR
28 TRACE EVIDENCE THAT WAS ON YOU ATTACHED TO ME?
6213
1 MR. CLARKE: OBJECTION, ASSUMES FACTS NOT IN EVIDENCE.
2 THE COURT: SUSTAINED.
3
4 BY MR. FELDMAN:
5 Q. I’D LIKE YOU TO ASSUME HYPOTHETICALLY THAT THERE
6 WAS A DANCE FLOOR. AND I’D LIKE YOU TO ASSUME FURTHER
7 HYPOTHETICALLY THAT YOU AND I DANCED. AND I’D LIKE YOU TO
8 FURTHER ASSUME HYPOTHETICALLY THAT WE TOUCHED WHILE WE WERE
9 DANCING.
10 ON THAT HYPOTHESIS MIGHT YOU, UPON EXAMINATION OF
11 MY CLOTHING, WHICH I LATER WASHED, FIND EVIDENCE FROM YOUR
12 ENVIRONMENT?
13 MR. CLARKE: SAME OBJECTION, ALSO CALLS FOR SPECULATION.
14 THE COURT: SUSTAINED.
15 YOU BETTER APPROACH THE BENCH, MR. FELDMAN.
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6216
1 (THE FOLLOWING PROCEEDINGS WERE HELD IN
OPEN COURT IN THE PRESENCE OF THE JURY:)
2
3 MR. FELDMAN: YOUR HONOR, MAY I HAVE THE QUESTION READ
4 BACK OR SHOULD I RETRY THE HYPOTHETICAL?
5 THE COURT: JUST DO IT AGAIN.
6
7 BY MR. FELDMAN:
8 Q. I’D LIKE YOU TO ASSUME HYPOTHETICALLY THAT YOU AND
9 I ARE NEIGHBORS, AND I’D LIKE YOU TO FURTHER ASSUME
10 HYPOTHETICALLY THAT I HAVE TWO CHILDREN. I’D LIKE YOU TO
11 FURTHER ASSUME HYPOTHETICALLY THAT ONE OF MY CHILDREN MAY
12 DISAPPEAR ON FEBRUARY 1ST OR 2ND. I’D LIKE YOU TO FURTHER
13 ASSUME HYPOTHETICALLY THAT ON FEBRUARY 25TH YOU AND I WERE
14 DANCING. I’D LIKE YOU TO FURTHER ASSUME — I’M SORRY, FEBRUARY
15 1ST IN THE EVENING ABOUT 10:30 P.M. YOU AND I WERE DANCING.
16 I’D LIKE YOU TO ASSUME FURTHER HYPOTHETICALLY THAT
17 WITHIN TWO OR THREE DAYS OF FEBRUARY THE 1ST I BROUGHT MY
18 CHILDREN TO YOUR HOUSE. THEY RAN AROUND YOUR HOUSE AND WE LEFT.
19 UNDER THAT HYPOTHETICAL SCENARIO WOULD THERE BE
20 TRANSFERENCE FROM MY ENVIRONMENT TO YOURSELF OR FROM YOUR
21 ENVIRONMENT TO MINE?
22 A. THERE CERTAINLY COULD BE.
23 Q. ALL RIGHT.
24 WITH REGARD TO THE ISSUE OF TRANSFERENCE, AND AS
25 PART OF YOUR TRAINING AND EXPERIENCE, ARE YOU FAMILIAR WITH A
26 PUBLICATION BY ROBERTSON AND GREEVE?
27 A. WHICH PUBLICATION?
28 Q. I THINK IT’S CALLED THE FORENSIC EXAMINATION OF
6217
1 FIBERS.
2 A. YES.
3 Q. WITH REGARD TO THAT TEXT WAS THAT PART OF YOUR
4 TRAINING?
5 A. YES.
6 Q. AND WERE YOU TRAINED BY AN INDIVIDUAL NAMED SKIP
7 PALINEK, AMONG OTHERS?
8 A. YES.
9 Q. YOU UNDERSTOOD THEN THAT, FOR INSTANCE, IN DANCING,
10 100 FIBERS COULD TRANSFER, IS THAT RIGHT?
11 A. IT CERTAINLY WOULD DEPEND ON WHAT TYPE OF FIBER,
12 BUT THAT’S A POSSIBILITY.
13 Q. CAN YOU TELL ME WHAT’S A FIBER?
14 A. WHAT IS A FIBER?
15 Q. YES.
16 A. GENERALLY, THE SMALLEST UNIT OF A FABRIC. IT’S THE
17 SMALLEST UNIT USED TO CREATE — USED TO CREATE FILAMENTS, USED
18 TO CREATE YARDS OR THREADS AND USED TO CREATE FABRIC.
19 Q. HOW ARE FIBERS MANUFACTURED?
20 A. THEY’RE MANUFACTURED IN MANY DIFFERENT TYPES OF
21 WAYS. SOME FIBERS ARE NATURAL. SOME FIBERS ARE MAN MADE. THEY
22 CAN BE MELTED AND EXTRUDED. THEY CAN BE STRETCHED. THERE’S
23 MANY DIFFERENT TYPES OF FIBER PROCESSES.
24 Q. THEY ARE PRODUCED IN THE WHAT, THOUSANDS OR
25 HUNDREDS OF THOUSANDS OF YARDS AT A TIME; IS THAT RIGHT?
26 A. YES.
27 Q. THEY’RE PRODUCED BY MAJOR MANUFACTURERS THROUGHOUT
28 THE UNITED STATES AND THE WORLD, IS THAT RIGHT?
6218
1 A. THAT IS CORRECT.
2 Q. THERE’S A VARIETY — WHAT’S THE MOST COMMON FIBER,
3 BY THE WAY?
4 A. THE MOST COMMON FIBER IS COTTON.
5 Q. OH, I THOUGHT IT WAS — WE HEARD YESTERDAY IT WAS
6 POLYESTER.
7 MR. CLARKE: OBJECTION, MISSTATES THE EVIDENCE.
8 THE COURT: SUSTAINED.
9 YOU NEED NOT RESPOND.
10 NEXT QUESTION.
11
12 BY MR. FELDMAN:
13 Q. I’M SORRY. WE HEARD YESTERDAY IT WAS ACRYLIC, IS
14 IT ACRYLIC?
15 MR. CLARKE: OBJECTION, MISSTATES THE EVIDENCE.
16 THE COURT: SUSTAINED.
17 MR. FELDMAN: I’M SORRY, ON THAT GROUNDS, YOUR HONOR?
18 THE COURT: YES. ASK HER WHAT SHE THINKS, COUNSEL.
19
20 BY MR. FELDMAN:
21 Q. DO YOU THINK ACRYLIC IS THE MOST COMMON FIBER?
22 A. ACRYLIC IS THE MOST COMMON? COTTON.
23 Q. IS THAT THE MOST COMMON AMONG FABRIC EXAMINERS?
24 A. YES.
25 Q. DO YOU KNOW TANYA DULANEY?
26 A. YES, I DO.
27 Q. DO YOU KNOW IS SHE A FIBER EXAMINER?
28 A. SHE’S A TRACE EVIDENCE ANALYST, YES.
6219
1 Q. DO YOU MAKE A DISTINCTION BETWEEN A TRACE EVIDENCE
2 ANALYST AND FIBER EXAMINER?
3 A. TRACE EVIDENCE ANALYST WILL EXAMINE ALL TYPES OF
4 TRACE EVIDENCE WHICH WOULD INCLUDE FIBERS.
5 Q. YOU CONSIDER YOURSELF TO BE A TRACE EVIDENCE
6 ANALYST?
7 A. YES.
8 Q. IS IT CORRECT THAT WITH REGARD TO THE NATURE OF THE
9 DONOR AND THE PARTICULAR RECIPIENT GARMENTS, THE TRANSFER OF
10 FIBERS CAN BE SUBSTANTIAL, DEPENDING UPON THE GARMENTS THAT THE
11 TRANSFEROR OR TRANSFEREE ARE WEARING?
12 MR. CLARKE: OBJECTION, I THINK THAT’S UNINTELLIGIBLE.
13 THE COURT: THE QUESTION IS WHETHER YOU UNDERSTAND IT.
14 THE WITNESS: I DID.
15 MR. FELDMAN: SO, I GUESS IT WAS INTELLIGIBLE THEN?
16 THE COURT: THEN YOU MAY ANSWER.
17 THE WITNESS: YES.
18
19 BY MR. FELDMAN:
20 Q. OKAY. ASKED FOR THAT, TOO.
21 ARE THERE PARTICULAR GARMENTS THAT ARE MORE
22 RECEPTIVE TO ACCEPTANCE OF TRANSFER OF FIBERS THAN OTHERS?
23 A. YES.
24 Q. WHAT UNIVERSE OR — CAN YOU PLEASE TELL ME WHAT
25 FIBERS ARE MORE RECEPTIVE — OR WHAT GARMENTS ARE MORE RECEPTIVE
26 TO FIBER TRANSFERENCE?
27 A. WELL, WHEN YOU’RE TALKING ABOUT FIBER TRANSFER
28 BETWEEN TWO GARMENTS, THERE’S TWO THINGS THAT ARE REALLY
6220
1 IMPORTANT. ONE WOULD BE THAT THE FIBER DONATING — OR THE
2 GARMENT DONATING THE FIBERS WOULD BE SHEDABLE SO YOU MIGHT HAVE
3 SOME KIND OF GARMENT THAT HAS FIBERS THAT ARE EASILY SHEDDED.
4 YOU ALSO WANT TO HAVE A GARMENT THAT WILL HAVE SOME KIND OF
5 TACKINESS OR SOME KIND OF TEXTURING THAT WILL HOLD FIBERS.
6 SO IF YOU HAVE A COMBINATION OF AN EASILY SHEDIBLE
7 GARMENT LIKE, FOR INSTANCE, A SWEATER, AND THEN YOU HAVE
8 SOMETHING THAT’S GOT A VERY STIFF TEXTURE TO IT THAT WILL HOLD
9 THEM, THEN YOU CAN CERTAINLY HAVE A VERY LARGE TRANSFER OF
10 FIBERS.
11 Q. AND WOULD YOU AGREE THAT, ALTHOUGH FIBERS MAY HAVE
12 SOME EVIDENTIARY VALUE, THERE ARE CERTAIN FACTORS WHICH TEND TO
13 LOWER THE EVIDENTIARY VALUE OF THE FINDINGS IN CERTAIN FIBER
14 INSTANCES?
15 A. YES.
16 Q. AND AMONG THOSE CIRCUMSTANCES THAT REDUCE THE VALUE
17 OF FIBER COMPARISONS INCLUDES THE POSSIBILITY OF CONTAMINATION?
18 A. YES.
19 Q. INCLUDES INDICATIONS THAT A TRANSFER MAY HAVE TAKEN
20 PLACE DURING A LEGITIMATE CONTACT BETWEEN THE SUBJECT AND THE
21 VICTIM?
22 A. YES.
23 Q. I.E., THAT THEY MIGHT HAVE BEEN IN THE SAME HOUSE
24 TOGETHER?
25 A. CORRECT.
26 Q. THAT THEY WERE TOGETHER SOCIALLY IN THE SAME
27 ENVIRONMENT TOGETHER?
28 MR. CLARKE: OBJECTION, VAGUE AS TO WHO.
6221
1 THE COURT: NO. HE’S TALKING BROAD GENERALITIES.
2 YOU MAY ANSWER IN TERMS OF BROAD GENERALITIES.
3 THE WITNESS: WELL, IF THAT SOCIAL CONTEXT HAD CONTACT,
4 THEN YES.
5
6 BY MR. FELDMAN:
7 Q. IF THEY WERE, FOR INSTANCE, DRINKING OR DINING OR
8 DANCING TOGETHER, WOULD THAT TEND TO REDUCE THE EVIDENTIARY
9 VALUE OF THE PARTICULAR FIBERS?
10 MR. CLARKE: OBJECTION, NO FOUNDATION.
11 THE COURT: SUSTAINED.
12 YOU NEED NOT ANSWER.
13
14 BY MR. FELDMAN:
15 Q. IF INDIVIDUALS WERE TOGETHER SOCIALLY IN A
16 PARTICULAR ENVIRONMENT; TAKE A BAR, TAKING A STEAK HOUSE OR A
17 CAFE, AND THEY WERE CLOSELY TOGETHER, MIGHT THAT INCREASE THE
18 LIKELIHOOD OF A FIBER TRANSFERENCE?
19 MR. CLARKE: OBJECTION, ASSUMES FACTS NOT IN EVIDENCE.
20 THE COURT: OVERRULED.
21 YOU CAN ANSWER THAT.
22 THE WITNESS: IF THERE WAS CONTACT BETWEEN THESE TWO
23 INDIVIDUALS, YES, THERE IS AN INCREASE IN POSSIBILITY OF
24 TRANSFER.
25
26 BY MR. FELDMAN:
27 Q. AND AS ROBERT — YOU WOULD AGREE WITH THE
28 STATEMENT, WOULD YOU NOT, THAT DANCING TOGETHER OR SOCIAL
6222
1 TOGETHERNESS IN A PARTICULAR ENVIRONMENT REDUCES THE EVIDENTIARY
2 VALUE OF FIBERS?
3 MR. CLARKE: SAME OBJECTION, ASKED AND ANSWERED.
4 THE COURT: IT’S BEEN ASKED AND ANSWERED. SUSTAINED.
5
6 BY MR. FELDMAN:
7 Q. WITH REGARD TO THE FIBERS THAT YOU’VE TESTIFIED
8 ABOUT, WHAT’S THEIR SOURCE?
9 A. I DON’T HAVE A SOURCE FOR EITHER THE BLUE FIBERS OR
10 THE ORANGE FIBERS.
11 Q. ISN’T IT TRUE THAT WITH REGARD TO THE ABSENCE OF A
12 SOURCE THE VALUE OF THE EVIDENTIARY FINDINGS IS REDUCED?
13 A. I WOULD CERTAINLY AGREE WITH THAT IN THE CASE OF
14 THE BLUE NYLON FIBERS. IT’S LESS — THE LACK OF A SOURCE IS
15 LESS SIGNIFICANT IN THE CASE OF THE ORANGE FIBERS BECAUSE THERE
16 ARE SO MANY OF THEM IN THE ONE ENVIRONMENT THAT THE SOURCE —
17 THE SOURCE OF THOSE FIBERS ANYWAY ORIGINATED FROM THAT
18 ENVIRONMENT.
19 Q. YOU’RE SAYING OF THE ORANGE FIBERS IN THE WASHING
20 MACHINE AREA ORIGINATED FROM THE SAME ENVIRONMENT, CORRECT?
21 A. AS THE LAUNDRY, AT ANY RATE. AS THE LAUNDRY, AT
22 ANY RATE.
23 Q. ALL RIGHT.
24 AND THEN THERE’S THIS OTHER FIBER THAT YOU
25 RECOVERED FROM THE NECKLACE ON DANIELLE VAN DAM, CORRECT?
26 A. CORRECT.
27 Q. YOUR OPINION STATEMENT WAS NOT THAT THE FIBERS
28 MATCHED, CORRECT? YOU DID NOT SAY THAT?
6223
1 A. NO. I SAID THE FIBERS WERE SIMILAR IN ALL THE
2 DIFFERENT WAYS THAT WE COULD TEST THEM.
3 Q. IN OTHER WORDS, THEY COULD HAVE COME FROM A COMMON
4 SOURCE, CORRECT?
5 A. THAT IS CORRECT.
6 Q. AND THAT’S THE CORRECT OPINION STATEMENT THAT
7 YOU’RE TAUGHT ABOUT; ISN’T THAT CORRECT?
8 MR. CLARKE: OBJECTION, FOUNDATION, ALSO RELEVANCE.
9 THE COURT: SUSTAINED ON THE FIRST GROUND. REPHRASE YOUR
10 QUESTION.
11
12 BY MR. FELDMAN:
13 Q. YOUR OPINION IS THAT THEY COULD HAVE COME FROM A
14 COMMON SOURCE?
15 A. THAT IS CORRECT.
16 Q. BUT THEY COULD NOT HAVE COME FROM A COMMON SOURCE
17 AS WELL?
18 MR. CLARKE: OBJECTION, UNINTELLIGIBLE.
19 THE COURT: DO YOU UNDERSTAND THAT QUESTION?
20 THE WITNESS: YES.
21 THE COURT: YOU MAY ANSWER.
22 THE WITNESS: IT IS POSSIBLE THEY DID NOT COME FROM A
23 COMMON SOURCE, YES.
24
25 BY MR. FELDMAN:
26 Q. ONE OF THE THINGS YOU LOOK FOR IN DETERMINING
27 WHETHER SOMETHING COMES FROM A COMMON SOURCE OR NOT OR IS
28 RANDOMLY PRESENT DEPENDS UPON THE NUMBER OF FIBERS, ISN’T THAT
6224
1 TRUE?
2 A. YES.
3 Q. AND WITH REGARD TO YOUR ANALYSIS, SPECIFICALLY WITH
4 REGARD TO THE SIX SERIES OF ITEMS, THE SIX SERIES OF ITEMS I
5 BELIEVE ARE OTHER ITEMS THAT COME FROM THE AREA OF THE WASHING
6 MACHINE, AND I’M NOW SPECIFICALLY REFERRING TO — IF I SHOW IT
7 TO YOU, IT MIGHT LET YOU KNOW AT LEAST WHAT I’M — COUNSEL, IT’S
8 PAGE 10,285.
9 MR. CLARKE: I’M SORRY, I DIDN’T SEE IT.
10
11 BY MR. FELDMAN:
12 Q. I’D BE HAPPY TO WALK THIS UP IF YOU CAN’T SEE IT,
13 MA’AM. I KNOW BECAUSE I GOT THE REPORT FROM YOU.
14 A. OKAY.
15 Q. OR AT LEAST THROUGH THE DA’S OFFICE. AND I CAN GET
16 YOU THE FRONT PAGES IF YOU NEED THEM?
17 A. I HAVE THEM. THANK YOU.
18 Q. OKAY. LET ME SEE IF I CAN FIND THE PICTURE.
19 (PAUSE)
20 Q. DIRECTING YOUR ATTENTION NOW TO 45, DO YOU SEE AN
21 EXHIBIT TAG 45D THAT SHOWS THE NO. 6; IS THAT RIGHT?
22 A. YES.
23 Q. AND THAT NUMBER 45 CORRESPONDS TO AN EVIDENCE LIST
24 THAT BASICALLY DETAILS THE ITEMS OF CLOTHING THAT WERE RETRIEVED
25 FROM THE AREA OF 6, IS THAT RIGHT?
26 A. THAT’S CORRECT.
27 Q. YOU CONDUCTED, OR AT LEAST HAD THE OPPORTUNITY TO
28 REVIEW, EITHER YOUR OWN TAPE LIFTS OR OTHER PEOPLE’S TAPE LIFTS
6225
1 OF ITEM 6?
2 A. THAT’S CORRECT.
3 Q. YOU PREPARED A REPORT — ACTUALLY, YOU PREPARED A
4 SERIES OF REPORTS IN CONNECTION WITH YOUR ACTIVITIES; IS THAT
5 CORRECT?
6 A. YES.
7 Q. YOU PREPARED THE REPORT AT TIMES WHEN THE EVENTS
8 WERE FRESHER IN YOUR MIND THAN THEY ARE TODAY?
9 A. YES.
10 Q. YOU REVIEWED THE REPORTS TO INSURE THAT THEY WERE
11 ACCURATE?
12 A. YES.
13 Q. IN FACT, YOU WERE SO CAUTIOUS, WHEN YOU SPOTTED AN
14 ERROR YOU PREPARED A SUPPLEMENTAL REPORT TO CORRECT THE ERROR;
15 ISN’T THAT CORRECT?
16 A. YES.
17 Q. IT’S FAIR TO SAY THAT YOUR REPORTS ARE COMPLETE AND
18 ACCURATE REPRESENTATIONS OF DETAILS YOU BELIEVE TO BE
19 SIGNIFICANT IN CONNECTION WITH YOUR WORK ON THE CASE?
20 A. AS FAR AS I KNOW, YES.
21 Q. IN THE 6 SERIES OF YOUR WORK YOU IDENTIFIED A
22 SERIES OF FIBERS THAT MR. CLARKE DIDN’T ASK YOU ABOUT BUT I WANT
23 TO ASK YOU ABOUT IT.
24 MR. CLARKE: OBJECTION, ARGUMENTATIVE IN THE PREFACE.
25 THE COURT: IN THE PREFACE, SUSTAINED. THE JURY WILL
26 DISREGARD THE QUESTION.
27
28 ///
6226
1 BY MR. FELDMAN:
2 Q. SPECIFICALLY DIRECTING YOUR ATTENTION TO ITEM 6D I
3 THINK YOU CALL IT. IT’S ABOUT MIDWAY DOWN?
4 A. YES.
5 Q. ONE BLUE HAND TOWEL?
6 A. YES.
7 Q. IT SAYS ACRYLIC FIBER WITH A DOG BONE
8 CROSS-SECTION; IS THAT RIGHT?
9 A. YES.
10 Q. AND IT SAYS RED, ORANGE AND BLUE; IS THAT CORRECT?
11 A. YES.
12 Q. DOES THAT RELATE TO MULTIPLE FIBERS OR A SINGLE
13 FIBER?
14 A. WHAT THAT IS SPECIFYING THERE IS THAT I FOUND
15 MULTIPLE RED, ORANGE AND BLUE ACRYLIC FIBERS ON THAT PARTICULAR
16 PIECE OF EVIDENCE.
17 Q. IN 6E, WHICH IS ONE GRAY BATH TOWEL, YOU NOTED
18 ANOTHER RED FIBER; IS THAT RIGHT?
19 A. AGAIN, I THINK THERE WERE NUMEROUS RED, ORANGE AND
20 BLUE FIBERS. SO THOSE WERE JUST THE COLORS THAT WERE
21 REPRESENTED.
22 Q. WHEN YOU USE THE WORD “NUMEROUS” WHAT NUMBER DO YOU
23 MEAN TO COMMUNICATE?
24 A. SOMEWHERE BETWEEN — SOMETHING OVER 10 TO 15
25 FIBERS.
26 Q. I’M SORRY, 10 TO 15?
27 A. TEN TO 15 OR MORE.
28 Q. IN 6D CAN YOU TELL ME HOW MANY OF THOSE FIBERS WERE
6227
1 RED?
2 A. IN 6D?
3 Q. YES.
4 A. NO, I CANNOT.
5 Q. IN 6E YOU SPOTTED — WHICH IS ONE GRAY BATH TOWEL,
6 YOU SPOTTED RED, ORANGE AND BLUE FIBERS; IS THAT CORRECT?
7 A. CORRECT.
8 Q. AGAIN, RED FIBERS. DO YOU KNOW THE NUMBER OF RED
9 FIBERS?
10 A. NO.
11 Q. IN 6F, ONE WHITE BATH TOWEL, YOU CALLED IT AN
12 ACRYLIC FIBER WITH A DOG BONE CROSS-SECTION; IS THAT CORRECT?
13 A. YES.
14 Q. RED, ORANGE AND BLUE, IS THAT RIGHT?
15 A. YES.
16 Q. AGAIN, THERE’S A RED FIBER, IS THAT RIGHT?
17 A. THERE’S AT LEAST ONE RED FIBER. I HAVE — THE WAY
18 I SET UP MY CHART HERE IS THAT I DETERMINED WHAT TYPE OF FIBER
19 WAS PRESENT IN ONE AREA, THEN THE COLORS THAT WERE REPRESENTED
20 IN THE SECOND COLUMN, AND THEN HOW MANY THAT I FOUND.
21 Q. OKAY.
22 SO I THINK WHAT YOU’RE TELLING ME THEN IS THAT THE
23 RED FIBERS THAT I’VE BEEN DISCUSSING WITH YOU, AT LEAST IN 6E
24 AND 6F, ARE BOTH ACRYLIC FIBERS WITH A DOG BONE CROSS-SECTION;
25 IS THAT CORRECT?
26 A. CORRECT.
27 Q. WITH REGARD TO 6G, WHICH WAS ONE PAIR OF WHITE
28 MEN’S UNDERWEAR, AGAIN, YOU NOTED AN ACRYLIC FIBER WITH A DOG
6228
1 BONE — YEAH, WITH A DOG BONE CROSS-SECTION; IS THAT RIGHT?
2 A. YES.
3 Q. IT WAS RED, ORANGE AND BLUE, OR THAT THERE WERE
4 NUMEROUS FIBERS INCLUDING RED FIBERS, CORRECT?
5 A. CORRECT.
6 Q. 6J, ON A PAIR OF MEN’S DARK SOCKS, AGAIN AN ACRYLIC
7 FIBER WITH A DOG BONE CROSS-SECTION, RED, ORANGE AND BLUE; IS
8 THAT RIGHT?
9 A. YES.
10 Q. 6K, SAME?
11 A. YES.
12 Q. 6K BEING A PAIR OF DARK SOCKS, RIGHT?
13 A. YES.
14 Q. 6L A PAIR OF DARK SOCKS, SAME?
15 A. YES.
16 Q. 6B, YOU NOTED A RED FIBER, IS THAT RIGHT? THAT’S
17 ON ONE WHITE TOWEL?
18 A. YES.
19 Q. 6C YOU NOTED A RED FIBER, IS THAT RIGHT, ON A BLUE
20 HAND TOWEL?
21 A. YES.
22 Q. WELL, I THOUGHT YOU SAID ON DIRECT THAT WHEN YOU
23 SPOTTED A NUMBER OF SIMILAR COLORED FIBERS, THAT MAY HAVE
24 ATTRACTED YOUR ATTENTION TO LOOK AT SOMETHING ELSE, IS THAT
25 RIGHT?
26 MR. CLARKE: OBJECTION, MISSTATES THE EVIDENCE.
27 THE COURT: OVERRULED.
28 YOU CAN ANSWER.
6229
1 THE WITNESS: YES. WHEN I WENT THROUGH THE — I STARTED
2 WITH THE VICTIM’S ENVIRONMENT, SO WHEN I WENT THROUGH THE
3 VICTIM’S THINGS I DID NOTE THE FIBERS THAT I FOUND THAT THERE
4 WERE SEVERAL OF — OR THAT WERE UNUSUALLY COLORED.
5 IS RED ONE OF THOSE?
6 MR. CLARKE: EXCUSE ME. I DON’T BELIEVE THE WITNESS HAD
7 FINISHED.
8 THE COURT: NO, SHE HADN’T.
9 MR. FELDMAN: SORRY.
10 THE COURT: CONCLUDE YOUR ANSWER, MA’AM.
11 THE WITNESS: SO WHEN I WENT TO THE DEFENDANT’S
12 ENVIRONMENT AND LOOKED AT THOSE, I WAS LOOKING SPECIFICALLY FOR
13 FIBERS SIMILAR TO WHAT I FOUND IN THE VICTIM’S ENVIRONMENT.
14
15 BY MR. FELDMAN:
16 Q. WHEN YOU SAY VICTIM’S ENVIRONMENT, ARE YOU
17 REFERRING TO, FOR INSTANCE, THE TOWEL — I’M SORRY, THE SHEET
18 THAT SHE HAD BEEN COLLECTED IN?
19 A. I SHOULD BE PROBABLY CLEAR. WHAT I MEAN BY THAT IS
20 THE VICTIM’S BODY, THINGS THAT WERE COLLECTED FROM THE VICTIM’S
21 BODY AND FROM RIGHT AROUND THE VICTIM WHERE SHE WAS FOUND.
22 Q. DOES THAT INCLUDE ITEMS THAT WERE FOUND IN THE
23 SHEET?
24 A. FIBERS THAT WERE FOUND IN THE SHEET?
25 Q. YES, MA’AM,
26 A. YES, IT DOES.
27 Q. SPECIFICALLY DIRECTING — AND THAT WOULD BE ITEM
28 NO. 2 WOULD BE THE SHEET; IS THAT CORRECT?
6230
1 A. I BELIEVE IT’S ITEM 92?
2 Q. YES.
3 A. YES.
4 Q. DIRECTING YOUR ATTENTION, THIS IS YOUR TRACE
5 EVIDENCE REPORT PAGE THREE OF FIVE AND IT’S DATED 5/8/02. I
6 THINK I’M CHANGING REPORTS ON YOU.
7 COUNSEL, IT’S PAGE 7,787.
8 A. OKAY.
9 Q. DIRECTING YOUR ATTENTION TO ITEM 92, YOU
10 SPECIFICALLY REFERRED TO ACRYLIC FIBERS WITH A DOG BONE
11 CROSS-SECTION THAT ARE RED AND PINK IN COLOR; IS THAT RIGHT?
12 A. YES.
13 Q. AND THERE WERE 20 SUCH FIBERS FOUND?
14 A. YES.
15 Q. YOU SPECIFICALLY ALSO REFERRED TO AN ITEM NO. 2,
16 ROUND DELUSTERED POLYESTER FIBERS THAT WERE BRIGHT RED IN COLOR?
17 A. YES.
18 Q. YOU NOTED THAT AS TO BOTH OF THE ITEM 92 REDS THAT
19 I’VE JUST DISCUSSED WITH YOU THERE WERE APPROXIMATELY 20 FIBERS
20 APIECE; IS THAT CORRECT?
21 A. YES. THAT IS CORRECT.
22 Q. IN YOUR NOTES IT’S EITHER A MINUS SIGN OR A SIMILAR
23 SIGN OR AN APPROXIMATE SIGN. CAN YOU PLEASE TELL ME?
24 A. THAT’S AN APPROXIMATE SIGN.
25 Q. ALL RIGHT.
26 SO THAT MEANS WE GOT ABOUT 40 RED FIBERS OFF OF 92
27 SO FAR, IS THAT RIGHT?
28 A. YES. THAT’S CORRECT.
6231
1 Q. ALSO WITH REGARD TO FINGERNAIL CLIPPINGS, I THINK
2 MR. CLARKE ASKED YOU ABOUT FINGERNAIL CLIPPINGS EARLY ON IN YOUR
3 EXAMINATION?
4 A. YES.
5 Q. I’M SWITCHING BACK TO YOUR OTHER CHART.
6 I’D LIKE TO SPECIFICALLY DIRECT YOUR ATTENTION TO
7 ITEM 101, FINGERNAIL CLIPPINGS FROM DANIELLE VAN DAM’S RIGHT
8 HAND?
9 A. YES.
10 Q. YOU NOTED AROUND DELUSTERED RAYON FIBER; IS THAT
11 RIGHT?
12 A. YES.
13 Q. RED IN COLOR?
14 A. YES.
15 Q. AND IN THE RIGHT HANDBAG YOU NOTED A RED COLORED
16 POLYESTER FIBER, IS THAT RIGHT?
17 A. YES.
18 Q. AND IN 108 HAIR — IN HER HAIR YOU NOTED A BRIGHT
19 RED COLOR RAYON MULTILOBED FIBER OR FIBERS, IS THAT RIGHT?
20 A. YES.
21 Q. AND YOU WROTE THE WORD “NUMEROUS” TO DESCRIBE THE
22 NUMBER OF BRIGHT RED COLORED FIBERS YOU FOUND?
23 A. YES.
24 Q. AGAIN, WHAT NUMBER DID YOU MEAN TO COMMUNICATE?
25 A. AT LEAST TEN IF NOT MORE.
26 Q. YOU TOLD US THAT THERE WERE TIME CONSTRAINTS ON
27 YOU. AND YOU TOLD US THAT I THINK ONE OF THE CRITERIA THAT YOU
28 UTILIZED IN DECIDING WHAT TO ANALYZE WAS COMMONALITY OF A
6232
1 PARTICULAR FIBER, IS THAT RIGHT?
2 A. YES.
3 Q. WELL, YOU SPOTTED A NUMBER OF RED FIBERS BOTH AT
4 THE RECOVERY SCENE AND APPARENTLY ON DANIELLE VAN DAM, IS THAT
5 RIGHT?
6 A. YES.
7 Q. DID YOU LOOK FOR THOSE SIMILAR RED FIBERS IN ANY OF
8 THE EXHIBITS THAT ARE DEPICTED ON 45?
9 A. YES, I DID.
10 Q. FIND ANY.
11 A. I FOUND SEVERAL THAT WERE SIMILAR, AND THEN WHEN I
12 ACTUALLY DID THE SIDE-BY-SIDE COMPARISON THEY WERE NOT. SO I
13 DID DO THAT EXAMINATION AND FOUND THAT I COULD NOT FIND ANY THAT
14 WERE SIMILAR IN ALL THE WAYS THAT I COULD TEST.
15 Q. SO IN OTHER WORDS THAT’S AN EXCLUSION, ISN’T IT?
16 MR. CLARKE: EXCUSE ME, OBJECTION VAGUE.
17 THE COURT: SUSTAINED.
18
19 BY MR. FELDMAN:
20 Q. DOES — DID THAT ANSWER IMPLY THAT YOU EXCLUDED
21 THEN THE RED FIBERS THAT YOU LOCATED AS DEPICTED ON 45, AND
22 THOSE YOU LOCATED BOTH ON DANIELLE VAN DAM AND FROM THE SHEET?
23 A. YES.
24 Q. I’M SORRY, BUT AS LONG AS I’M ON YOUR REPORT I’M
25 GOING TO SWITCH SUBJECTS JUST SLIGHTLY TO TRIAL AND GET
26 SOMETHING SQUARED AWAY HERE.
27 IN YOUR REPORT, WHICH I SHOW DATED MAY THE 8TH OF
28 2002, YOU SPECIFICALLY REFLECTED OR INDICATED THAT YOU DID A
6233
1 HAIR ANALYSIS, IS THAT RIGHT?
2 A. YES.
3 Q. MR. CLARKE ASKED YOU WITH REGARD TO THE HAIRS THAT
4 WERE LOCATED IN DANIELLE VAN DAM’S HAND. I THINK YOU TOLD US
5 THEY WERE HERSELF, MEANING DANIELLE VAN DAM’S.
6 A. I SAID THEY WERE CONSISTENT WITH HERS, YES.
7 Q. BUT THERE WAS ANOTHER HAIR THAT WAS FOUND, A DARK
8 MEDIUM BROWN COARSE APPROXIMATELY SEVEN CENTIMETERS IN LENGTH
9 HAIR, ISN’T THAT TRUE?
10 A. THAT IS TRUE.
11 Q. YOU HAD THE HAIR STANDARDS TAKEN FROM MR.
12 WESTERFIELD TO COMPARE AGAINST, ISN’T THAT TRUE?
13 A. YES.
14 Q. YOU COMPARED THIS ONE HAIR, BY THE WAY THAT I’M
15 TALKING TO YOU ABOUT, YOU WROTE “WAS FOUND IN THE DEBRIS FROM
16 UNDERNEATH THE VICTIM’S BODY,” IS THAT RIGHT?
17 A. YES.
18 Q. DO YOU KNOW WHETHER OR NOT THIS IS THE SAME HAIR
19 THAT WE’VE HEARD TESTIMONY ABOUT FROM THE ARMPIT AREA?
20 A. IT’S A DIFFERENT HAIR.
21 Q. YOU EVALUATED THIS PARTICULAR HAIR AND EXCLUDED MR.
22 WESTERFIELD AS THE DONOR; ISN’T THAT CORRECT?
23 A. THAT IS CORRECT.
24 Q. YOU ALSO EXCLUDED DANIELLE VAN DAM AS THE DONOR OF
25 THAT HAIR?
26 A. YES.
27 Q. DID YOU COMPARE IT AGAINST ANYBODY ELSE?
28 A. NO.
6234
1 Q. THE PARTICULAR HAIR TO WHICH I’M MAKING REFERENCE,
2 THE ONE THAT CONSTITUTES THE EXCLUSION, WHAT EVIDENCE NUMBER DO
3 YOU SHOW IT AS?
4 A. I BELIEVE IT’S ITEM — FROM ITEM 169. THE EVIDENCE
5 THAT I COLLECTED IT FROM, IS THAT WHAT YOU’RE ASKING?
6 Q. I DON’T KNOW SO MUCH COLLECTED IT FROM, BUT DID YOU
7 SPECIFICALLY LABEL THAT PARTICULAR BROWN HAIR? DOES IT HAVE ITS
8 OWN EVIDENCE NUMBER?
9 A. YES. I’D HAVE TO SEE WHAT THAT IS.
10 Q. PLEASE.
11 A. IT WAS — AFTER IT WAS ANALYZED, IT WAS PACKAGED
12 WITH OTHER TRACE EVIDENCE COLLECTED AS ITEM T. E.-J. S.5.
13 Q. WELL, I UNDERSTAND TRACE EVIDENCE JENNIFER SHEN 5,
14 IS THAT RIGHT?
15 A. YES.
16 Q. BUT DOES IT HAVE A — DOES IT CORRELATE TO ONE OF
17 THE MASTER EVIDENCE LISTS WE HAVE, 850152, 850125 AND THERE’S
18 PROBABLY ANOTHER ONE OR TWO?
19 A. YES. I BELIEVE THAT WAS UNDER — IS IT A PROPERTY
20 TAG NUMBER?
21 Q. YES, MA’AM.
22 A. 850125 IS THE NUMBER.
23 Q. I’D LIKE TO SHOW YOU JUST THE FRONT SECTION OF YOUR
24 REPORT DATED 6/6. AND I’VE SHOWN IT — FOR THE RECORD, YOUR
25 HONOR, SHOWN IT TO COUNSEL.
26 AND I’D LIKE TO SPECIFICALLY DIRECT YOUR ATTENTION
27 TO ITEM 106. IT SAYS “DARK SHORT HAIR FROM THE VICTIM’S BODY”?
28 A. YES.
6235
1 Q. IS THAT THE HAIR TO WHICH YOU’RE MAKING REFERENCE?
2 A. NO.
3 Q. DO YOU KNOW — DID SOMEBODY EVALUATE 106?
4 A. YES, I DID.
5 Q. YOU EVALUATED 106?
6 A. YES.
7 Q. THAT WAS — OKAY. SO 106 NOW IS THE HAIR THAT I’VE
8 BEEN TALKING TO YOU ABOUT, RIGHT?
9 A. YES.
10 Q. BUT IS IT HAIR THAT CAME FROM DANIELLE VAN DAM’S
11 ARMPIT?
12 A. YES.
13 Q. AND THEN YOUR EVALUATION, DID YOU HAVE THE KNOWNS
14 OF DAVID WESTERFIELD?
15 A. YES, I DID.
16 Q. IT WASN’T A MATCH, WAS IT?
17 A. NO. THE HAIR FROM THE VICTIM’S ARMPIT AREA WAS
18 SIMILAR TO THE VICTIM’S HAIR, SO I DIDN’T ACTUALLY COMPARE IT TO
19 MR. WESTERFIELD’S STANDARD SINCE IT WAS SIMILAR TO THE VICTIM’S.
20 Q. YOU HEARD TESTIMONY THERE WAS A DARK BROWN HAIR
21 THAT CAME FROM THE VICTIM’S ARMPIT AREA. IS THAT THE HAIR THAT
22 YOU’RE MAKING REFERENCE TO? DARK BROWN?
23 A. IT WAS LABELED AS A DARK BROWN HAIR BY THE PERSON
24 WHO COLLECTED IT.
25 Q. UH-HUH.
26 A. MY EXAMINATION OF THE HAIR SHOWED IT TO BE A MEDIUM
27 BROWN HAIR THAT AS IT MOVED ALONG THE LENGTH TOWARDS THE TIP WAS
28 LIGHTER AND LIGHTER BROWN TO BLOND.
6236
1 Q. DO YOU HAVE A REPORT OF THAT ON YOU?
2 MR. CLARKE: I DON’T THINK THE WITNESS HAD FINISHED.
3 THE COURT: FINISH YOUR ANSWER, PLEASE.
4 THE WITNESS: SO THE ULTIMATE DESCRIPTION AND THE
5 EVIDENCE REPORT IS NOT NECESSARILY THE SAME AS MY DESCRIPTION,
6 BUT I’M THE ONE THAT ACTUALLY EVALUATED THE HAIR.
7
8 BY MR. FELDMAN:
9 Q. DID YOU HAVE A REPORT THAT SHOWS THAT?
10 A. THAT INFORMATION IS — THE RESULTS ARE IN MY
11 REPORT. THE INFORMATION AS TO THE DESCRIPTION OF THE HAIR IS IN
12 MY NOTES.
13 Q. WHERE IN YOUR NOTES?
14 A. IT’S ON PAGE 36 OF THAT REPORT THAT WE’RE
15 DISCUSSING.
16 Q. WELL — COUNSEL.
17 DIRECTING YOUR ATTENTION AGAIN TO A TRACE EVIDENCE
18 REPORT, IT APPEARS TO BE PREPARED BY YOU; IS THAT CORRECT,
19 MA’AM?
20 A. YES.
21 Q. SPECIFICALLY DIRECTING YOUR ATTENTION TO WHAT’S
22 MARKED ITEM 106, RIGHT?
23 A. YES.
24 Q. THIS REPORT WAS SIGNED BY YOU?
25 A. YES.
26 Q. IT SAYS “DARK SHORT HAIR FROM VICTIM’S BODY,”
27 RIGHT?
28 A. YES.
6237
1 Q. WELL, WHO WAS THE CRIMINALIST THAT COLLECTED IT?
2 A. I THINK THAT IT WAS COLLECTED BY THE FORENSIC
3 SPECIALIST BUT I DON’T KNOW THAT.
4 Q. WHO WOULD THE — OKAY. YOU MAKE A DISTINCTION
5 BETWEEN FORENSIC SPECIALIST AND I USE THE WORD EVIDENCE TECH
6 WHICH IS PROBABLY SLOPPY.
7 WHAT DO YOU MEAN BY FORENSIC CRIMINALIST PLEASE?
8 I’M SORRY, FORENSIC SPECIALIST?
9 A. THE FORENSIC CRIMINALIST/FORENSIC EVIDENCE TECH IS
10 PRIMARILY RESPONSIBLE FOR COLLECTING THE EVIDENCE, FOR ANALYZING
11 THE EVIDENCE. SO I BELIEVE THAT WAS COLLECTED AT THE AUTOPSY BY
12 THE FORENSIC SPECIALIST — EXCUSE ME, THE HAIR.
13 Q. CONTAGIOUS?
14 A. YES.
15 Q. WITH REGARD TO THE ORANGE — I’M SWITCHING BACK TO
16 THE FIBERS. WITH REGARD TO THE ORANGE ACRYLIC FIBER, — OH, NO,
17 LET ME WITHDRAW THAT.
18 YOU NOTED NUMEROUS LONG ACRYLIC GREEN, RED AND BLUE
19 FIBERS IN ADDITION TO THE ORANGE ACRYLIC FIBERS; IS THAT
20 CORRECT?
21 A. YES.
22 Q. “THESE FIBERS,” YOU WROTE “APPEAR TO HAVE
23 ORIGINATED FROM EITHER A BLANKET OR A SWEATER”; IS THAT CORRECT?
24 A. CORRECT.
25 Q. AT SOME POINT YOU EVALUATED AN AFGHAN, DID YOU NOT?
26 A. YES, I DID.
27 Q. WERE THE DID THE AFGHAN COME FROM, TO THE BEST OF
28 YOUR KNOWLEDGE?
6238
1 A. THE AFGHAN WAS COLLECTED FROM A STORAGE CONTAINER
2 OR A STORAGE PLACE IN POWAY OUT OF ONE OF THE BOXES.
3 Q. THAT WAS OSTENSIBLY A SOURCE FROM DAVID
4 WESTERFIELD, IS THAT RIGHT?
5 A. YES.
6 Q. AND YOU EVALUATED THAT AFGHAN ON THE THEORY THAT IT
7 MIGHT HAVE FIBERS THAT YOU WOULD BE ABLE TO COMPARE; IS THAT
8 CORRECT?
9 A. YES.
10 Q. YOU SPENT HOW MUCH TIME WOULD YOU ESTIMATE
11 EVALUATING THAT PARTICULAR AFGHAN?
12 A. NOT TOO MUCH TIME, A FEW DAYS.
13 Q. PARDON ME?
14 A. A FEW DAYS.
15 Q. THAT’S NOT TOO MUCH TIME?
16 A. NO, NOT TOO MUCH TIME.
17 Q. THE END RESULT WAS THAT THE FIBERS DIDN’T WORK OUT,
18 OR THE IDENTIFICATION PROCESS DIDN’T PERMIT YOU TO RENDER ANY
19 OPINION STATEMENTS THAT INCLUDED THE AFGHAN AS BEING A POSSIBLE
20 DONOR OF ANY OF THOSE FIBERS, CORRECT?
21 A. YES. THE FIBERS THAT I EXAMINED FROM THE AFGHAN
22 WERE NOT SIMILAR TO FIBERS THAT WERE COLLECTED FROM EITHER THE
23 LAUNDRY OR FROM THE VICTIM’S NECK.
24 Q. WITH REGARDS TO THE FIBER THAT WAS — YOU POINTED
25 OUT TO THE JURY THAT MR. CLARKE HAD A WHILE BACK ON THAT WAS ON
26 THE NECKLACE?
27 A. YES.
28 Q. THAT WAS WRAPPED AROUND THE NECKLACE, IS THAT
6239
1 RIGHT?
2 A. IT WAS ACTUALLY TANGLED IN THE HAIR AND THE HAIR
3 WAS TANGLED ON THE NECKLACE.
4 Q. HOW LONG COULD THAT FIBER HAVE BEEN THERE?
5 A. WELL, I THINK THE FIBER CERTAINLY COULD HAVE BEEN
6 THERE FOR AS LONG AS THE BODY WAS IN ITS RESTING LOCATION. I
7 THINK IT’S UNLIKELY THE FIBER WAS THERE FOR MUCH PRIOR TO THAT
8 BECAUSE IT WAS TANGLED IN SUCH A LARGE WAD OF HAIR ON THE
9 NECKLACE. SO I THINK THAT THE FIBER GOT ONTO THE HAIR ON THE
10 NECKLACE AT SOME POINT CLOSE TO WHERE IT WAS WHERE THE BODY WAS
11 PLACED WHERE IT WAS FOUND.
12 Q. ARE YOU GUESSING?
13 A. I THINK THAT IS A REASONABLE INTERPRETATION.
14 Q. IS ANOTHER REASONABLE INTERPRETATION THAT THAT
15 FIBER HAD BEEN WRAPPED AROUND PREVIOUS TO THAT TIME, AND THAT
16 DANIELLE HADN’T BEEN MOVING FOR A WHILE?
17 A. SHE HADN’T BEEN MOVED? THAT CERTAINLY IS POSSIBLE.
18 Q. IF SHE HAD BEEN KEPT IN A PARTICULAR LOCATION, SAY
19 FOR TEN DAYS, IT COULD STAY THERE, COULDN’T IT?
20 MR. CLARKE: OBJECTION, ASSUMES FACTS NOT IN EVIDENCE.
21 THE COURT: SUSTAINED.
22 YOU NEED NOT ANSWER.
23
24 BY MR. FELDMAN:
25 Q. ASSUME HYPOTHETICALLY THAT THE BODY WASN’T PLACED
26 IN ITS ULTIMATE RESTING LOCATION UNTIL APPROXIMATELY FEBRUARY
27 THE 16TH AND FEBRUARY THE 18TH.
28 A. OKAY.
6240
1 Q. AND ASSUME THAT FOR A FEW DAYS OR SEVERAL DAYS
2 BEFORE THAT THERE HADN’T BEEN MUCH IN THE WAY OF MOVEMENT OF THE
3 BODY. COULD THE FIBER HAVE BEEN THERE?
4 MR. CLARKE: OBJECTION, ASSUMES FACTS NOT IN EVIDENCE.
5 THE COURT: SUSTAINED.
6 BY MR. FELDMAN:
7 Q. HOW MANY DAYS PRIOR TO FEBRUARY THE 16TH, IF YOU
8 HAVE AN OPINION, COULD THAT FIBER HAVE BEEN PLACED OR LOCATED
9 WHERE ULTIMATELY YOU IDENTIFIED IT?
10 MR. CLARKE: SAME OBJECTION.
11 THE COURT: OVERRULED.
12 YOU MAY ANSWER THAT, IF YOU KNOW.
13 THE WITNESS: IF THE VICTIM WAS NOT MOVING OR PARTAKING
14 IN ANY NORMAL ACTIVITIES AS FAR AS PERSONAL HYGIENE, THEN
15 CERTAINLY THE FIBER COULD HAVE BEEN ATTACHED AND REMAINED
16 ATTACHED THROUGH THAT TIME.
17
18 BY MR. FELDMAN:
19 Q. AND IF ON YOUR HYPOTHESIS WITH REGARD TO YOUR
20 ANSWER, ASSUMING ALL OF WHAT YOU’VE JUST ARTICULATED IS THE
21 CASE, HOW LONG COULD THE FIBER HAVE BEEN —
22 MR. CLARKE: SAME OBJECTION, YOUR HONOR.
23 THE COURT: SUSTAINED.
24
25 BY MR. FELDMAN:
26 Q. YOU YOURSELF NOTED A NUMBER OF OTHER FIBER COLORS
27 THAT WERE PRESENT THROUGHOUT DANIELLE’S ENVIRONMENT; IS THAT
28 RIGHT?
6241
1 A. YES.
2 Q. FOR INSTANCE, NUMEROUS WHITE COLORED FIBERS?
3 A. YES.
4 Q. NUMEROUS ORANGE FIBERS, WHETHER THEY BE LIGHT
5 ORANGE OR NOT?
6 A. YES. THERE WERE SOME ADDITIONAL ORANGE FIBERS.
7 Q. WELL, YOU MAKE SOME KIND OF DISTINCTION, DO YOU
8 NOT, BETWEEN A LIGHT ORANGE FIBER OR MAYBE A LIGHT ORANGE FIBER?
9 A. WELL, YES, ONE THAT’S VERY DARK AND ONE THAT’S
10 LIGHT. I WOULD MAKE THAT DISTINCTION.
11 Q. SPECIFICALLY IN THIS CASE YOU MADE SUCH A
12 DISTINCTION, DID YOU NOT?
13 A. YES, I DID.
14 Q. DID YOU ALSO NOTICE AGAIN FOR THE VICTIM’S
15 ENVIRONMENT, PURPLE COLORED FIBERS?
16 A. YES, I DID.
17 Q. BLUE COLORED FIBERS?
18 A. YES.
19 Q. GRAY-BLUE COLORED FIBERS?
20 A. YES.
21 Q. WHITE-GRAY FIBERS?
22 A. YES.
23 Q. WHERE DID THEY COME FROM?
24 A. WHERE DID I COLLECT THEM FROM?
25 Q. NO, WHERE DID THE FIBERS COME FROM?
26 A. WELL, THE FIBERS THAT I COLLECTED FROM ON AND
27 AROUND HER WOULD HAVE COME FROM WHATEVER ENVIRONMENT SHE WAS
28 LAST IN.
6242
1 Q. WELL, SHE WAS LAST IN AN ENVIRONMENT. ASSUME
2 HYPOTHETICALLY THAT SHE’S IN THE ENVIRONMENT WHERE SHE WAS
3 RECOVERED. STRIKE THAT.
4 DID YOU GO TO THE RECOVERY SCENE?
5 A. NO.
6 Q. YOU DON’T KNOW WHETHER IT WAS A DUMP SITE OR NOT?
7 A. NO.
8 Q. SEEN PHOTOS OF THE RECOVERY SITE?
9 A. I DON’T THINK SO.
10 Q. THE WIND OR THE ELEMENTS COULD CAUSE THAT WHICH IS
11 ON THE GROUND TO BLOW IN THE DIRECTION OF ANYTHING ELSE THAT’S
12 ON THE GROUND, RIGHT?
13 A. YES.
14 Q. AND ISN’T ONE WAY A PERSON CAN PICK UP TRACE
15 EVIDENCE IS IF THERE’S MOISTURE AND IF THE TRACE EVIDENCE
16 HAPPENS TO LAND ON WHEREVER THERE’S MOISTURE?
17 A. YES.
18 Q. A DECOMPOSING BODY GENERATES SOME FORM OF MOISTURE,
19 DOES IT NOT?
20 MR. CLARKE: OBJECTION, LACK OF FOUNDATION.
21
22 BY MR. FELDMAN:
23 Q. DO YOU KNOW WHETHER OR NOT A DECOMPOSING BODY
24 PRODUCES THE SAME MOISTURE —
25 THE COURT: SHE CAN ANSWER THAT YES OR NO.
26 THE WITNESS: YES.
27
28 ///
6243
1 BY MR. FELDMAN:
2 Q. IS IT THEREFORE THE CASE THAT A DECOMPOSING BODY
3 SUBJECTED HAD TO THE ELEMENTS COULD COLLECT TRACE EVIDENCE FROM
4 THE ENVIRONMENT?
5 A. YES, YES.
6 Q. I’M SORRY. IF I UNDERSTOOD WHAT YOU’RE TELLING ME,
7 THE FIBERS THAT YOU SPOTTED ON THE BODY CAME FROM AMONG THE LAST
8 ENVIRONMENTS THAT DANIELLE WAS IN, IS THAT RIGHT?
9 A. YES.
10 Q. WHERE — HOW DO YOU ACCOUNT FOR THE EXISTENCE OF
11 THE RED FIBERS?
12 A. I CAN’T ACCOUNT FOR THEM.
13 Q. HOW DO YOU ACCOUNT FOR THE INSTANCE OF BRIGHT GREEN
14 COLORED FIBER?
15 A. I CANNOT ACCOUNT FOR THEM.
16 Q. OR RED OR PINK COLORED FIBERS?
17 A. I CANNOT ACCOUNT FOR THEM.
18 Q. AND I THINK I’D ASKED YOU EARLIER ABOUT THERE WAS
19 ABOUT 20 OR 40 RED FIBERS, I CAN’T REMEMBER WHAT THE TOTAL
20 NUMBER WAS, YOU CAN’T ACCOUNT WHERE THEY COME FROM EITHER?
21 A. THAT I CAN.
22 Q. THOSE ARE ALL ACRYLIC FIBERS, AREN’T THEY, THE ONES
23 WE JUST REFERENCED?
24 A. ON THE GREEN FIBERS, THE RED-PINK COLORED FIBERS
25 AND SEVERAL BLUE FIBERS WERE ACRYLIC.
26 Q. AND THEY ALL HAVE A DOG BONE CROSS-SECTION?
27 A. THEY ALL HAVE SIMILAR CROSS-SECTION, YES.
28 AS A MATTER OF FACT, OTHER RED FIBERS, HOWEVER,
6244
1 WERE A DIFFERENT TYPE.
2 Q. DID YOU GO TO THE VAN DAM ENVIRONMENT?
3 A. NO.
4 Q. SO YOU DON’T HAVE ANYTHING IN SPECIFIC TO COMPARE
5 AGAINST THE VAN DAMS, IS THAT A FAIR STATEMENT?
6 A. THAT’S CORRECT.
7 MR. FELDMAN: YOUR HONOR, PLEASE A MOMENT.
8 (PAUSE)
9 BY MR. FELDMAN:
10 Q. DOES POLYESTER HAVE A PARTICULAR SIGNIFICANCE IN
11 ANY OF YOUR MICROSCOPIC EVALUATIONS OF THE FIBERS?
12 A. I’M SORRY, I DON’T UNDERSTAND WHAT YOU’RE ASKING.
13 Q. DID YOU NOTICE WHETHER OR NOT ANY OF THE FIBERS
14 THAT YOU WERE EVALUATING CONTAINED POLYESTER?
15 A. YES.
16 Q. IN FACT, YOU NOTED SEVERAL FIBERS IN THE 92
17 SEQUENCE ANYWAY WHICH WOULD INVOLVE THE WHITE SHEET AS INVOLVING
18 POLYESTER FIBERS, ISN’T THAT RIGHT?
19 A. THAT’S CORRECT.
20 Q. DID YOU COMPARE INTERNALLY THOSE POLYESTER FIBERS
21 TO SEE WHETHER OR NOT THEY COULD HAVE SHARED A COMMON SOURCE?
22 A. WELL, WHAT I DID WITH THOSE FIBERS IS AS — WHEN I
23 FINISHED LOOKING AT ALL OF THE THINGS FROM THE VICTIM —
24 VICTIM’S ENVIRONMENT AND I FOUND THOSE RED POLYESTER FIBERS IN
25 SEVERAL PLACES, I COMPARED THEM TO EACH OTHER FROM DIFFERENT
26 ITEMS TO SEE IF THEY WERE SIMILAR.
27 Q. THEY WERE?
28 A. YES, I DID THAT.
6245
1 Q. ARE YOU TELLING US THAT YOU GOT A VARIETY OF FIBERS
2 THAT CAME FROM A VARIETY OF DIFFERENT LOCATIONS OR SOURCES?
3 A. WHAT I’M SAYING IS THAT THOSE RED POLYESTER FIBERS
4 WERE FOUND ON SEVERAL DIFFERENT THINGS FROM HER.
5 Q. I’M NOT TRYING TO FOCUS YOUR ATTENTION ON THE RED
6 FIBERS. YOU IDENTIFIED A NUMBER OF DIFFERENT FIBERS THAT CAME
7 FROM THE VAN DAM RECOVERY SCENE, IS THAT RIGHT?
8 A. YES.
9 Q. OF THOSE FIBERS IS IT YOUR OPINION THAT EACH OF THE
10 FIBERS WOULD HAVE COME FROM A DIFFERENT SOURCE IF THEY WERE IN
11 DIFFERENT COLORS?
12 A. WELL, CERTAINLY THEY COULD HAVE COME — SEVERAL OF
13 THESE FIBERS COULD HAVE COME FROM SEVERAL SOURCES. SEVERAL OF
14 THEM TO HAVE COME FROM THE SAME SOURCE. FOR INSTANCE, IF THEY
15 WERE ALL DIFFERENT COLOR ACRYLIC FIBERS COULD HAVE COME FROM AN
16 ACRYLIC BLANKET THAT’S MULTI-COLORED. DOES THAT ANSWER YOUR
17 QUESTION?
18 Q. WHEN YOU USE THE WORD “SEVERAL” — THANK YOU.
19 WHEN I USE THE WORD “SEVERAL,” WHAT NUMBER DO YOU
20 MEAN TO INDICATE?
21 A. MORE THAN FIVE.
22 Q. SO CAN WE SAY FAIRLY THAT WITH REGARD TO YOUR
23 OPINION, BASED UPON YOUR FIBER ANALYSIS, THAT AT LEAST FIVE
24 SEPARATE TYPES OF FIBERS WERE LOCATED?
25 A. YES.
26 Q. AND THAT THOSE FIVE SEPARATE TYPES OF FIBERS COULD
27 HAVE EASILY EACH SOURCED FROM A DIFFERENT LOCATION?
28 A. OR A DIFFERENT ITEM ANYWAY.
6246
1 Q. ALL RIGHT.
2 SO WE HAVE AT LEAST FIVE DIFFERENT ITEMS THAT COULD
3 HAVE CONTRIBUTED TO SOME OF THE FIBERS THAT WERE RECOVERED THAT
4 WERE PRESENT AT THE RECOVERY SCENE, IS THAT RIGHT?
5 A. THAT CERTAINLY IS POSSIBLE, YES.
6 Q. DID YOU ALSO HAVE OCCASION TO COMPARE — I’M
7 SWITCHING ON YOU — ITEMS FROM THE TOYOTA 4-RUNNER?
8 MR. CLARKE: OBJECTION, BEYOND THE SCOPE.
9 THE COURT: SUSTAINED.
10 MR. FELDMAN: I WANT A SIDE BAR.
11 THE COURT: ALL RIGHT.
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
6247
1
2
3
4
5
6
7
8 (THE FOLLOWING PROCEEDINGS WERE HELD IN
OPEN COURT IN THE PRESENCE OF THE JURY:)
9
10 BY MR. FELDMAN:
11 Q. THE DATE OF YOUR LAST REPORT IN THIS MATTER IS JUNE
12 THE 6TH, IS THAT RIGHT?
13 A. YES.
14 Q. DID THAT REFLECT YOUR LAST WORK ON THE CASE?
15 A. YES.
16 Q. YOU DON’T PREPARE A REPORT UNTIL AFTER YOU’RE DONE
17 WITH YOUR WORK, RIGHT?
18 A. CORRECT.
19 Q. AND THERE’S SOME ADMINISTRATIVE REVIEW PROCESS
20 WITHIN YOUR ORGANIZATION, IS THAT RIGHT?
21 A. YES.
22 Q. SO THE REPORT DOESN’T EVEN ISSUE UNTIL AFTER IT
23 GOES THROUGH WHATEVER YOU DO AND CLEARS ADMINISTRATIVE REVIEW?
24 A. CORRECT.
25 Q. IT’S CORRECT, ISN’T IT, THAT THE MORE THINGS YOU
26 HAVE TO COMPARE AGAINST THE MORE OPPORTUNITY YOU HAVE TO DRAW
27 INFERENCES, IS THAT RIGHT, IN TERMS OF IDENTIFICATION?
28 A. MORE CHARACTERISTICS I HAVE TO COMPARE, MORE ITEMS?
6248
1 Q. YES.
2 A. YES.
3 Q. WERE YOU GIVEN ANY PARTICULAR DIRECTION JUST IN
4 TERMS OF YOUR EVALUATION PROCESS OF THE EVIDENCE THAT YOU SHOULD
5 PRE-SCREEN MAYBE JUST FOR EVIDENCE THAT WOULD IMPLICATE THIS
6 CASE OR MR. WESTERFIELD?
7 A. NO.
8 Q. YOU SAID THAT THERE WERE TIME CONSTRAINTS. WHAT
9 WERE THE TIME CONSTRAINTS YOU WERE REFERRING TO?
10 A. OH, THE WORK HAD TO BE FINISHED AND THE REPORTS HAD
11 TO BE WRITTEN AND ADMINISTRATIVELY REVIEWED PRIOR TO MY
12 TESTIMONY.
13 Q. BUT IT’S 19 DAYS LATER?
14 A. IT IS 19 DAYS LATER.
15 AT SOME POINT, IN ORDER TO GET THE REPORTS THROUGH
16 THE REVIEW PROCESS AND MAKE SURE THAT THERE’S PLENTY OF TIME TO
17 PREPARE TO TESTIFY, THEN YOU HAVE TO STOP THE WORK AND I JUST
18 RAN OUT OF TIME.
19 Q. OKAY. UP TO THE TIME YOU RAN OUT OF TIME WERE YOU
20 WORKING VIRTUALLY FULL-TIME ON THIS CASE?
21 A. I HAD OTHER CASE WORK IN AND AROUND. BUT THIS WAS
22 THE MAJORITY OF MY TIME.
23 Q. YOU TOLD US THAT YOU ENTERED THE WESTERFIELD
24 ENVIRONMENT, ISN’T THAT RIGHT, ON DIRECT?
25 A. YES.
26 Q. AS PART OF THAT YOU, I GUESS, WERE LOOKING FOR
27 TRACE EVIDENCE, IS THAT RIGHT?
28 A. I WAS THERE SPECIFICALLY TO PROCESS MR.
6249
1 WESTERFIELD’S SHOES FOR TRACE EVIDENCE.
2 Q. AND DID YOU DO SO?
3 A. YES, I DID.
4 Q. AND DID YOU OBTAIN ANY — FROM MR. WESTERFIELD’S
5 SHOES ANY EVIDENCE OF THE VAN DAM ENVIRONMENT?
6 A. NO I DID NOT.
7 MR. FELDMAN: NO FURTHER QUESTIONS.
8 THE COURT: ANYTHING FURTHER, MR. CLARKE?
9 MR. CLARKE: YES. THANK YOU, YOUR HONOR.
10
11 REDIRECT EXAMINATION +
12 BY MR. CLARKE:
13 Q. THE ORANGE ACRYLIC FIBER, COULD YOU TELL US WHAT
14 TYPES OF ITEMS THAT TYPE OF FIBER COULD BE FOUND IN?
15 A. IT’S A VERY LONG FIBER, SO THE MOST LIKELY SOURCE
16 FOR THAT TYPE OF FIBER WOULD HAVE BEEN A BLANKET OR MAYBE A
17 FUZZY SWEATER OR SOMETHING.
18 Q. SO YOU SAID BECAUSE OF THE LENGTH OF THE ITEM?
19 A. YES.
20 Q. TELL US ABOUT THE LENGTH AND HOW THAT PLAYS A ROLE
21 IN THE TYPE OF ITEM THAT IT COULD BE USED IN?
22 A. WELL, HAIR FIBERS — OR CLOTHING FIBERS ARE
23 GENERALLY MUCH SHORTER WHEN YOU HAVE A LOOSE KNIT, AN ACRYLIC IS
24 USED FOR THAT TYPE OF THING. QUITE FREQUENTLY YOU HAVE A MUCH
25 LONGER FIBER, SO WHEN YOU SEE FIBERS THAT ARE AN INCH TO THREE
26 INCHES IN LENGTH THAT IS, THOSE ARE FIBERS YOU WOULD PRIMARILY
27 FIND ON SOMETHING THAT IS FUZZY. AS YOU CAN IMAGINE, THAT WOULD
28 TYPICALLY BE SOME SORT OF KNITTED BLANKET OR, LIKE I SAID,
6250
1 PERHAPS A SWEATER.
2 Q. IS THAT TYPE OF INCH AND A HALF LONG ACRYLIC FIBER,
3 IS THAT SOMETHING THAT’S EASILY SHED OR NOT?
4 A. YES, IT IS EASILY SHED.
5 Q. IS IT A FIBER THAT’S EASILY TRANSFERRED?
6 A. YES.
7 Q. IN TERMS OF THE VALUE OF FIBER EVIDENCE, WHAT ROLE,
8 IF ANY, DOES COLOR HAVE?
9 A. WELL, IT’S ONE OF THE THINGS WE LOOK FOR WHEN WE DO
10 A FIBER COMPARISON. AND THERE ARE CERTAIN COLORS OF FIBERS THAT
11 ARE MORE COMMON THAN OTHERS. RED FIBERS, BLUE FIBERS, GREEN
12 FIBERS, BLACK FIBERS, THOSE ARE VERY COMMON COLORS. ORANGE IS
13 NOT SO COMMON, AND YOU CAN TELL THAT JUST BY LOOKING AROUND
14 PEOPLE AROUND YOU. ORANGE IS NOT JUST THAT COMMON OF A COLOR.
15 SO WHEN YOU FIND AN ORANGE FIBER IT’S A LITTLE MORE MEANINGFUL.
16 Q. SO ON THE SCALE OF COLOR AND HOW COMMON
17 CHARACTERISTICS ARE, ORANGE WOULD BE AT THE LESS COMMON END OF
18 THE SCALE OR WHERE, YOU TELL ME?
19 A. IT WOULD BE AT THE LESS COMMON END OF THE SCALE.
20 Q. I THINK YOU JUST SAID ARE RED FIBERS COMMON?
21 A. YES.
22 Q. IN LOTS OF DIFFERENT TYPES OF FIBERS?
23 A. YES.
24 Q. WOULD THAT INCLUDE LOTS OF DIFFERENT TYPES OF ITEMS
25 AS WELL?
26 A. YES.
27 Q. THAT HAIR, I’D LIKE TO ASK YOU ABOUT IT. THE HAIR
28 THAT WAS FOUND IN THE UNDER ARM AREA, ARE YOU FAMILIAR WITH
6251
1 THAT?
2 A. YES.
3 Q. HAVE YOU HAD AN EXPERIENCE VIEWING HAIRS AGAINST
4 DIFFERENT BACKDROPS OR SURFACES?
5 A. YES.
6 Q. ALL RIGHT.
7 THE BODY SHEET, ARE YOU FAMILIAR WITH WHAT COLOR
8 THAT WOULD BE?
9 A. THE SHEET IN THIS PARTICULAR CASE WAS WHITE.
10 Q. ALL RIGHT.
11 DOES THAT HAVE ANY IMPACT IN TERMS OF A BACKGROUND
12 OF HOW A HAIR APPEARS TO THE NAKED EYE IN TERMS OF COLOR?
13 MR. FELDMAN: SPECULATION.
14 THE COURT: OVERRULED.
15 YOU CAN ANSWER.
16 THE WITNESS: WELL, A HAIR ON A LIGHT BACKGROUND WOULD
17 PROBABLY APPEAR DARKER THAN IF IT WAS PUT ON A DARK BACKGROUND,
18 IF THAT’S WHAT YOU’RE REFERRING TO.
19
20 BY MR. FELDMAN:
21 Q. LET’S GO BACK TO REMEMBER WHEN YOU SHOWED THE
22 NECKLACE TO THE JURY?
23 A. YES.
24 Q. WHAT BACKGROUND COLOR DID WE USE?
25 A. WHITE.
26 Q. WHY?
27 A. THAT ENABLED YOU TO SEE THE HAIRS ATTACHED TO THE
28 NECKLACE A LITTLE MORE CLEARLY.
6252
1 Q. NOW, AS FAR AS THE HAIR THAT WAS I THINK YOU
2 DESCRIBED AS SEVEN CENTIMETER HAIR, THAT WAS INCONSISTENT WITH
3 THE VICTIM AND MR. WESTERFIELD, CORRECT?
4 A. CORRECT.
5 Q. TO YOUR KNOWLEDGE, WHERE WAS THAT FOUND?
6 A. THAT WAS FOUND BY ME AS I LOOKED THROUGH THE DEBRIS
7 THAT WAS COLLECTED FROM UNDERNEATH THE BODY, AND THAT DEBRIS IS
8 ITEM 169. IT’S COLLECTED FROM THE SCENE. AND AS I WENT THROUGH
9 IT, LOOKED FOR TRACE EVIDENCE, I FOUND THAT HAIR.
10 Q. SO THAT HAIR WASN’T FOUND ON THE BODY?
11 A. NO.
12 Q. IT WAS ACTUALLY IN THE SOIL?
13 A. WELL, IT WASN’T SOIL SO MUCH AS LEAVES AND
14 VEGETATION.
15 Q. MR. FELDMAN ASKED YOU QUESTIONS ABOUT THAT
16 PARTICULAR SITE WHERE IT WAS LOCATED. I’M SORRY, DID YOU SAY
17 YOU HAD OR HADN’T SEEN PHOTOGRAPHS OF THAT SITE?
18 A. I HAVE NOT.
19 Q. SO YOU DON’T KNOW IF IT WAS A DUMP SITE OR NOT, IN
20 OTHER WORDS, HAD TRASH?
21 A. NO, I DON’T.
22 Q. YOU MENTIONED AN AFGHAN THAT YOU HAD EXCLUDED IN
23 TERMS OF FIBERS THAT YOU HAD TAKEN FROM THAT AFGHAN AS FAR AS
24 BEING A POTENTIAL SOURCE OF THE ORANGE ACRYLIC FIBERS?
25 A. YES.
26 Q. CAN YOU EXCLUDE THAT AFGHAN AS BEING THE SOURCE OF
27 THOSE ORANGE ACRYLIC FIBERS OR NOT?
28 A. WELL, THE AFGHAN IS MULTI-COLORED AND IT IS
6253
1 CERTAINLY POSSIBLE THAT THERE ARE DIFFERENT TYPES OF YARNS
2 WITHIN THE AFGHAN THAT I DID NOT ANALYZE. I JUST ANALYZED KIND
3 OF A REPRESENTATIVE SAMPLE FROM OVER THE AFGHAN. SO IT IS NOT
4 UNCONCEIVABLE THAT THAT AFGHAN COULD BE A DONOR, BUT IT IS
5 UNLIKELY.
6 Q. ARE AFGHANS EVER KNITTED BY PEOPLE?
7 A. I WOULD THINK GENERALLY THEY ARE.
8 Q. IN TERMS OF THE YARN THAT’S USED, ARE YOU FAMILIAR
9 WITH WHETHER OR NOT A YARN IS USED THROUGHOUT THE ITEM BEING
10 KNITTED BY THE PERSON OR ARE DIFFERENT YARNS USED?
11 MR. FELDMAN: OBJECTION, IRRELEVANT.
12 THE COURT: SUSTAINED.
13
14 BY MR. CLARKE:
15 Q. IS THERE ANYTHING ABOUT THE USE OF AFGHANS A
16 POTENTIAL SOURCE?
17 A. THE FIBERS ON AN AFGHAN ARE GENERALLY LONGER AND
18 THEY TEND TO SHED EASILY.
19 Q. AS FAR AS THOSE ORANGE — I’M SORRY — OF THE
20 FIBERS YOU OBSERVED IN ANY OF THE LOCATIONS THAT WE HAVE TALKED
21 ABOUT TODAY, IS THERE A SINGLE TYPE AND COLOR OF FIBER THAT YOU
22 FOUND MORE THAN ANY OTHER COLOR AND TYPE OF FIBER?
23 A. AS FAR AS ALL THE LOCATIONS THAT I EXAMINED?
24 Q. CORRECT.
25 A. YES.
26 Q. WHAT WAS THAT?
27 A. THE ORANGE ACRYLIC FIBER FOUND IN THE LAUNDRY IN
28 THE DEFENDANT’S HOME WAS THE MORE PREVALENT FIBER THAT I FOUND.
6254
1 MR. CLARKE: YOUR HONOR, I HAVE A FEW MORE QUESTIONS.
2 THE COURT: WE’RE GOING TO CONCLUDE THIS WITNESS BEFORE
3 WE BREAK FOR LUNCH.
4 MR. CLARKE: VERY GOOD.
5 Q. AS FAR AS WIND BLOWN EVIDENCE, CAN THE WIND BLOW A
6 PIECE OF EVIDENCE FROM ONE PART OF THE COUNTY TO ANOTHER
7 DISTANCE MANY MILES AWAY?
8 MR. FELDMAN: ARGUMENTATIVE.
9 THE COURT: OVERRULED.
10 THE WITNESS: I WOULD THINK NO.
11
12 BY MR. CLARKE:
13 Q. ALL RIGHT.
14 IN PARTICULAR ARE YOU FAMILIAR WITH THE SABRE
15 SPRINGS AREA OF SAN DIEGO?
16 A. VAGUELY.
17 Q. ALL RIGHT.
18 ARE YOU FAMILIAR WITH THE EAST COUNTY AREA OF SAN
19 DIEGO AROUND THE AREA OF THE SINGING HILLS GOLF COURSE?
20 A. VAGUELY.
21 Q. IS IT REASONABLE TO ASSUME THAT A FIBER COULD BE
22 BLOWN BY THE WIND FROM SABRE SPRINGS TO THE SINGING GOLF AREA?
23 MR. BOYCE: OBJECTION.
24 THE COURT: SUSTAINED. YOU NEED NOT ANSWER.
25
26 BY MR. CLARKE:
27 Q. AS FAR AS THE SHOES IN MR. WESTERFIELD’S RESIDENCE,
28 DID YOU EXAMINE THE TAPE LIFTS FROM THOSE SHOES?
6255
1 A. YES, I DID.
2 Q. DO YOU KNOW WHETHER THOSE TAPE LIFTS INCLUDED THE
3 SHOES MR. WESTERFIELD WAS WEARING THE EVENING OF FEBRUARY THE
4 1ST?
5 A. NO, I DON’T.
6 Q. DO YOU KNOW IF THOSE SHOES WERE EVEN INSIDE THAT
7 CLOSET WHERE YOU TAPE LIFTED THOSE SHOES FROM?
8 A. I DON’T KNOW.
9 Q. AND, I’M SORRY, WHAT DATE DID THAT TAPE LIFTING
10 OCCUR? I’M SORRY.
11 A. THE TAPE LIFTING OF THE SHOES OCCURRED ON FEBRUARY
12 13TH IN THE EVENING.
13 Q. DOES THE PROCESS OF WALKING RESULT IN THE LOSS OF
14 FIBERS THAT MAY BE ON A SHOE?
15 A. YES.
16 Q. AND THAT’S JUST PART OF NORMAL ACTIVITY?
17 A. YES.
18 MR. CLARKE: THANK YOU. I HAVE NO MORE QUESTIONS, YOUR
19 HONOR.
20 THE COURT: ANYTHING FURTHER, MR. FELDMAN?
21 MR. FELDMAN: YES.
22
23 RECROSS-EXAMINATION +
24 BY MR. FELDMAN:
25 Q. PART OF YOUR TASK WAS TO IDENTIFY SPECIAL FIBERS OF
26 NOTE, ISN’T THAT RIGHT?
27 A. YES.
28 Q. AND YOU SPECIFICALLY INDICATED THAT YOU HAD
6256
1 IDENTIFIED IN THE VAN DAM ENVIRONMENT A CERTAIN NUMBER OF
2 SPECIAL FIBERS OF NOTE, ISN’T THAT CORRECT?
3 A. YES.
4 Q. YOU SPECIFICALLY NOTED BRIGHT GREEN, LONG ACRYLIC
5 FIBERS, CORRECT?
6 A. YES.
7 Q. BRIGHT RED LONG ACRYLIC FIBERS, CORRECT?
8 A. YES.
9 Q. LIGHT BLUE LONG ACRYLIC FIBERS, CORRECT?
10 A. YES.
11 Q. BRIGHT RED RAYON FIBERS?
12 A. YES.
13 Q. WELL, I THINK MEDIUM BLUE DELUSTERED NYLON FIBERS?
14 A. YES.
15 Q. I CAN SHOW YOUR NOTES IF YOU’RE NOT SURE.
16 A. I’LL HAVE TO CHECK THE LAST COLOR.
17 Q. 10.245. I GOT IT HIGHLIGHTED.
18 A. OKAY. YES.
19 Q. SO IT’S — IS IT MEDIUM BLUE DELUSTERED NYLON
20 FIBERS?
21 A. YES.
22 Q. WHY DID YOU CALL THESE SPECIAL FIBERS OF NOTE?
23 A. FOR VARIOUS REASONS. SOME OF THE ACRYLIC FIBERS,
24 THERE WERE SEVERAL OF THEM, IN PARTICULAR THE GREEN FIBERS WERE
25 VERY BRILLIANT EMERALD GREEN COLOR. SO THE COMBINATION OF THE
26 AMOUNT OF FIBERS AND THE COLOR MADE THEM SIGNIFICANT TO ME. SO
27 IN ALL OF THESE CASES, IT WAS EITHER THE NUMBER OR THE COLOR OR
28 A COMBINATION OF THE TWO THAT MADE ‘EM SIGNIFICANT.
6257
1 Q. AND THOSE PARTICULAR FIBERS CAME FROM TAPE LIFTS
2 FROM ITEMS 5, 6, 7, 9, 16, 92, 93 AND OTHERS, IS THAT RIGHT?
3 A. THE FIBERS THAT — YES, I DID FIND THOSE TYPES OF
4 FIBERS IN ALL THOSE AREAS.
5 Q. WITH REGARD TO ITEM 5A WHICH WAS REFERRED TO AS THE
6 TAN BLANKET, YOU NOTED NUMEROUS RED, GREEN, BLUE AND WHITE
7 FIBERS ON THE TAPE LIFTS, RIGHT?
8 A. YES.
9 Q. SEVERAL LONG GREEN FIBERS, LONG RED FIBERS, SHINY
10 RED FIBERS, CORRECT?
11 A. YES.
12 Q. LONG BLUE FIBERS WERE COLLECTED FOR ANALYSIS?
13 A. YES.
14 Q. I’LL TRY THAT AGAIN. NUMEROUS RED, GREEN, BLUE AND
15 WHITE FIBERS WERE NOTED ON YOUR TAPE LIFTS; IS THAT CORRECT?
16 A. YES.
17 Q. INCLUDED WERE SEVERAL LONG GREEN FIBERS, IS THAT
18 RIGHT?
19 A. YES. I PROBABLY SHOULD LOOK AT MY NOTES, LOOK
20 WHERE YOU’RE LOOKING SO I CAN MAKE SURE THAT THAT’S CORRECT.
21 Q. I’M JUST READING.
22 LONG GREEN FIBERS, SEVERAL LONG GREEN FIBERS WERE
23 NOTED, IS THAT RIGHT?
24 A. YES.
25 Q. LONG RED FIBERS?
26 A. YES.
27 Q. SHINY RED FIBERS?
28 A. YES, THAT ACTUALLY IS AN “X”.
6258
1 Q. OKAY. LONG ORANGE FIBERS?
2 A. YES.
3 Q. LONG BLUE FIBERS, ALL OF WHICH WERE COLLECTED FOR
4 ANALYSIS, IS THAT RIGHT?
5 A. YES.
6 Q. AND IN ADDITION, A TRILOBAL CARPET FIBER WAS NOTED
7 AND COLLECTED?
8 A. YES.
9 Q. THESE ITEMS WERE COLLECTED; THE LONG GREEN FIBER,
10 THE LONG GREEN FIBERS, ET CETERA, AS WELL AS ITEM 5 COLLECTED
11 FROM VICTIM’S CLOTHES, IS THAT RIGHT?
12 A. YES.
13 Q. YOU DID NOT FIND LONG GREEN FIBERS IN DANIELLE’S
14 ENVIRONMENT, DID YOU?
15 A. I DID. I FOUND NUMEROUS LONG GREEN FIBERS IN
16 DANIELLE’S BUT I DID NOT FIND CONSISTENT WITH THOSE LONG GREEN
17 FIBERS THAT WERE TAKEN FROM DANIELLE’S ENVIRONMENT.
18 Q. ARE BLUE EMERALD GREEN FIBERS COMMON?
19 A. NO.
20 Q. DID YOU NOTICE BRILLIANT EMERALD GREEN FIBERS?
21 A. I NOTICED NUMEROUS BRIGHT EMERALD GREEN FIBERS
22 PARTICULARLY ON THE SHEET FROM THE VICTIM.
23 MR. FELDMAN: THANK YOU VERY MUCH.
24 THE COURT: ALL RIGHT, MA’AM. YOU’RE GOING TO BE SUBJECT
25 TO RECALL. SO YOUR TESTIMONY IS DONE TODAY. PLEASE REMEMBER
26 THE ADMONITION NOT TO DISCUSS YOUR TESTIMONY WITH ANYONE TILL
27 THE MATTER’S CONCLUDED. HOWEVER, YOU CAN OBVIOUSLY CONTINUE
28 YOUR PROFESSIONAL RESPONSIBILITIES.
6259
1 THE WITNESS: THANK YOU VERY MUCH.
2 THE COURT: THANK YOU FOR COMING IN.
3 ALL RIGHT. LADIES AND GENTLEMEN, WE’RE GOING TO GO
4 AHEAD AND TAKE THE LUNCH BREAK.
5 PLEASE REMEMBER THE ADMONITION OF THE COURT NOT TO
6 DISCUSS ANY OF THE EVIDENCE OR TESTIMONY AMONG YOURSELVES NOR
7 WITH OTHERS, NOR FORM NOR EXPRESS AN OPINION ON THE CASE UNTIL
8 IT IS SUBMITTED TO YOU FOR DECISION. HAVE A PLEASANT LUNCH.
9 WE’LL SEE YOU OUTSIDE THE COURT AT 1:30. HALF PAST 1:00 PLEASE.
10
11 (AT 12:08 P.M. THE JURY WAS EXCUSED
AND THE FOLLOWING PROCEEDINGS WERE HAD:)
12
13 THE COURT: THE RECORD SHOULD REFLECT THE JURORS AND
14 ALTERNATES HAVE LEFT THE COURTROOM.
15 COUNSEL, I’D LIKE YOU HERE FIVE MINUTES BEFORE
16 1:30. WE NEED TO DISCUSS A MATTER. ALL RIGHT.
17 MR. CLARKE: MAY I RETURN EXHIBIT 128, YOUR HONOR, THAT
18 WAS RELEASED?
19 THE COURT: YES. WE’LL BE IN RECESS UNTIL 1:25.
20
21 (AT 12:09 P.M. THE NOON RECESS WAS
TAKEN UNTIL 1:25 P.M. OF THE SAME DAY.)
22
23 –O0O–
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