TRIAL DAY 13 – PART 3 – afternoon 1
SAN DIEGO, CALIFORNIA, TUESDAY, JUNE 25, 2002, 1:25 P.M. (afternoon 1)
WITNESSES:
Faye Ann Springer (criminalist, testified about fibers)
James M. Watkins (Computer forensic examiner, testified about Westerfield’s hard drive, computer related items and content found on those items: images, videos etc.)
–O0O–
(THE FOLLOWING OCCURRED OUT OF THE PRESENCE OF THE JURY:
THE COURT: OKAY. IN THE WESTERFIELD MATTER THE RECORD WILL REFLECT THE APPEARANCE OF MR. WESTERFIELD, COUNSEL. PUBLIC, MEDIA, AND JURORS AND ALTERNATES ARE OUTSIDE.
COUNSEL, YOU SHOULD KNOW THAT THE MEDIA HAS CONTACTED THE COURT IN A VARIETY OF WAYS TO INFORM US THAT THEY HAVE CONFIRMED THAT MR. VAN DAM HAS BEEN PRECLUDED FROM ATTENDING THE BALANCE OF THE TRIAL.
IN ADDITION TO THAT, THEY HAVE REQUESTED A COPY OF THE TRANSCRIPT OF THE PROCEEDINGS THAT LED TO THAT RESULT.
I HAVE REVIEWED THE RECORDS, AND IT APPEARS THAT WE WERE IN BASICALLY CLOSED SESSION, BUT I DON’T SEE ANY REASON TO KEEP IT SEALED. IT’S APPARENTLY OUT THERE. IT’S BEEN CONFIRMED. I DON’T KNOW IF IT WAS CONFIRMED WITH MR. VAN DAM OR WHAT. TO THIS POINT IN TIME I HAVE HEARD OF NO PRESS CONFERENCES. I HAVEN’T HEARD OF ANYTHING ALONG THOSE LINES. BUT IT’S MY INCLINATION TO BASICALLY, IF SOMEBODY WANTS TO BUY THE TRANSCRIPT, ALLOW IT TO BE SOLD.
SO I’M JUST ADVISING COUNSEL IN CASE ANYONE WANTED TO MAKE A RECORD.
MR. FELDMAN: YOUR HONOR, I CAN TELL YOU THAT OVER THE NOON HOUR IT WAS REPORTED TO ME BY MY INVESTIGATOR THAT THE PRESS WAS REPORTING THAT DAMON VAN DAM HAD BEEN BARRED FROM THE THIRD FLOOR OF THE COURTHOUSE, BUT THE PRESS ALSO REPORTED THAT THIS MORNING AS MR. WESTERFIELD WAS COMING INTO THE COURT BUILDING OR DOWN THE CORRIDOR, THAT BRENDA VAN DAM WAS OVERHEARD TO SAY THERE GOES SATAN HIMSELF OR WORDS TO THAT EFFECT. WE FIND THIS TROUBLING.
THE COURT: WELL, AS DO I. HOWEVER, OBVIOUSLY, THAT I AM ASSUMING BASED ON THE REPRESENTATIONS YOU’VE JUST MADE WAS NOT IN THE PRESENCE OF ANY JURORS.
MR. FELDMAN: YOUR HONOR, I DON’T KNOW. I JUST KNOW MY INVESTIGATOR TOLD ME SHE SAW IT ON T.V. THAT’S HOW I’M REPORTING IT TO YOUR HONOR.
THE COURT: SAW IT, MRS. VAN DAM ACTUALLY MAKING THAT STATEMENT, OR —
MR. FELDMAN: APPARENTLY THERE’S A REPORTER WHOSE LAST NAME IS FERRAR, I DON’T RECOLLECT HIS FIRST NAME, YOUR HONOR, HE WAS THE SOURCE OF THE PROGRAM THAT MARION PASAS WATCHED THAT RELATED TO THE STATEMENT THAT I JUST RELATED TO YOUR HONOR.
THE COURT: OKAY.
COUNSEL?
MR. DUSEK: I KNOW NOTHING AT ALL ABOUT THAT, YOUR HONOR. MY BELIEF IS ONLY AS I HAVE BEEN WITH BRENDA VAN DAM YESTERDAY AND TODAY, AND SHE’S BEEN ON HER BEST BEHAVIOR.
THE COURT: SHE HAS IN THIS COURTROOM CERTAINLY. I HAVE NOT SEEN ANYTHING, AND I DON’T BELIEVE ANY STAFF MEMBERS HAVE HAD ANY PROBLEMS.
MR. DUSEK: I PUT MORE CREDENCE IN WHAT STAFF MEMBERS TELL US THAN WHAT MEDIA TELL US. AND I KNOW WE’VE HAD SOMEONE WITH MRS. VAN DAM AS MUCH AS POSSIBLE THROUGHOUT THIS CASE. AND I DON’T KNOW WHAT COUNSEL IS REFERRING TO.
THE COURT: WELL, AT THIS POINT IN TIME I, YOU KNOW, HAVE NO REASON TO BELIEVE THAT THE MEDIA ISN’T REPORTING VARIOUS ASPECTS OF IT. AT THIS TIME, HOWEVER, I’M NOT PREPARED TO, NOR AM I INCLINED TO, EXCLUDE HER FROM THE COURTROOM UNLESS AND UNTIL HER CONDUCT QUITE FRANKLY GETS TO THE LEVEL OF HER HUSBAND, WHICH ACTUALLY WAS COMMENCING TO INTERFERE WITH THE SECURITY ARRANGEMENTS IN THIS COURTHOUSE AS IT RELATES TO THIS CASE. SO AT THIS POINT IN TIME I’LL JUST KEEP MY EAR TO THE GROUND. BUT YOU ARE ON NOTICE THAT I THINK WE’VE GOTTEN CONTACT FROM AT LEAST ONE MEDIA SOURCE, AND WE MAY GET OTHERS RELATIVE TO THE TRANSCRIPT. SO JUST BE ADVISED.
NOW, SCHEDULING. MR. CLARKE, ARE YOU PREPARED TO GET THE WITNESS THAT HAS THE TIME PROBLEM IMMEDIATELY ON THE STAND?
MR. CLARKE: YES. OUR PLANS — IN FACT, THAT’S WHAT I WAS GOING TO CALL THE COURT IS CALL FAYE SPRINGER NEXT FROM SACRAMENTO. I DON’T BELIEVE HER TESTIMONY, INCLUDING CROSS, WILL BE LENGTHY AT ALL.
THE COURT: ALL RIGHT.
MR. CLARKE: THEN WHAT WE WILL SEGUE INTO IS THE TESTIMONY FROM THE COMPUTER FORENSICS LABORATORY PERSON.
THE COURT: ALL RIGHT.
MR. CLARKE: WHICH WILL ALSO ENTAIL OUR DISPLAY TO THE JURY OF THE ITEMS THE COURT HAS ALREADY APPROVED. OUR PLAN IS TO DO THAT BY WAY OF A TELEVISION MONITOR AS OPPOSED TO PLAYING IT ON THE LARGE SCREEN.
THE COURT: OKAY.
MR. CLARKE: THE MONITOR AT LEAST ACCORDING TO OUR PLANS WOULD BE PLACED IN FRONT OF THE JURYBOX, VIEWABLE BY ALL THE JURORS BUT OBVIOUSLY NOT BY ANYONE SHORT OF THE FIRST ROW OR TWO ON THE FAR SIDE OF THE COURTROOM.
THERE WILL BE A LITTLE SETUP TIME NEEDED FOR THAT IF THAT WILL BE ACCEPTABLE TO THE COURT.
THE COURT: ALL RIGHT.
BY SEGUE ARE YOU SAYING THAT ONCE THE FIRST WITNESS IS DONE, YOU NEED TO SET UP BEFORE THE SECOND WITNESS STARTS OR AT SOME TIME DURING HIS TESTIMONY?
MR. CLARKE: WELL, BECAUSE OF WHERE IT’S LOCATED AND ITS SIZE, IT MAY MAKE SENSE TO SET UP WHEN WE REACH THAT PART OF HIS TESTIMONY INSTEAD OF BLOCKING VIEWS.
THE COURT: ALL RIGHT. JUST GIVE ME THE HIGH SIGN, THEN. WE WILL GET AS MUCH AS WE CAN UNTIL THAT ARISES.
MR. CLARKE: RELATED TO THAT IS ALSO AN ITEM THE COURT MAY RECALL COUNSEL ON CROSS-EXAMINATION OF MRS. VAN DAM BROUGHT UP AN ISSUE OF WHETHER OR NOT, I BELIEVE IT WAS OF MRS. VAN DAM, WHETHER OR NOT CERTAIN PORNOGRAPHIC MATERIALS WERE VIEWED ON A VAN DAM COMPUTER. IT’S MY REQUEST OBVIOUSLY WE WANT TO BRING THAT ISSUE UP BEFORE THE COURT NOW BECAUSE WE DON’T BELIEVE THAT’S ADMISSIBLE AS BEFORE, AND WE WANT TO MAKE SURE THAT THAT IS CLEAR AT THIS POINT. WHATEVER THE COURT’S RULING IS, WE HAVE A POSITION, AND ULTIMATELY IT WILL REST WITH THE COURT.
THE COURT: MR. FELDMAN, AS TO THE LATTER ISSUE.
MR. FELDMAN: I HADN’T — I DID TALK TO MR. CLARKE ABOUT THAT. I HADN’T CONSIDERED THAT SPECIFIC ISSUE. THERE WAS DISCOVERY WHICH I DID ASK THE QUESTION EARLY ON, BUT I DON’T THINK IT INAPPROPRIATE TO REQUEST OF MR. WATKINS WHETHER HE OBTAINED OR REVIEWED THE VAN DAM MATERIAL AND WHAT HE FOUND.
THE COURT: WHAT’S THE RELEVANCE OF IT?
MR. FELDMAN: WELL, IN OUR VIEW THERE’S NO RELEVANCE TO THE INTRODUCTION OF THE PORNOGRAPHY. AND I JUST FOR THE RECORD AND IN RESPONSE TO YOUR HONOR’S QUESTION, WE RENEW OUR OBJECTION BECAUSE I THINK COUNSEL HAD INDICATED ORIGINALLY THAT IT WAS OFFERED FOR MOTIVE. YOUR HONOR HAS NOW HEARD ALL OF THE — A SUBSTANTIAL PORTION OF THE EVIDENCE OF THE PROSECUTION’S CASE, AND I THINK IT INCUMBENT ON US TO REQUEST YOUR HONOR TO RECONSIDER YOUR RULING. OF COURSE WE WILL SUBMIT IT WITH THOSE REMARKS. WHATEVER YOU ORDER ME TO DO ON THE QUESTIONS WITH REGARD TO MRS. VAN DAM OF COURSE I’LL HONOR.
THE COURT: ALL RIGHT.
AS TO THE RENEWED MOTION TO STRIKE THE ALLEGED PORNOGRAPHIC MATERIALS, THE MOTION WILL BE DENIED FOR THE REASONS PREVIOUSLY STATED.
AS TO THE CHECKING OF THE VAN DAM HOUSEHOLD COMPUTERS AND WHAT IT MAY OR MAY NOT CONTAIN, I DON’T FIND IT TO BE RELEVANT OR PROBATIVE ON ANY ISSUE THIS JURY HAS TO DECIDE. SO THAT WILL — ANY QUESTIONING IN THAT AREA IS DENIED.
OKAY. LET’S START GETTING THE FOLKS IN.
(END OF PROCEEDINGS OUT OF THE PRESENCE OF THE JURY.)
THE COURT: OKAY. WELCOME BACK, LADIES AND GENTLEMEN.
ALL RIGHT. MR. CLARKE.
MR. CLARKE: THANK YOU, YOUR HONOR.
FAYE SPRINGER, PLEASE.
FAYE ANN SPRINGER,
CALLED AS A WITNESS BY THE PLAINTIFF, HAVING BEEN DULY SWORN, TESTIFIED AS FOLLOWS:
THE CLERK: MA’AM, WOULD YOU PLEASE STATE YOUR NAME AND SPELL IT FOR THE RECORD.
THE WITNESS: MY NAME IS FAYE ANN SPRINGER.
S-P-R-I-N-G-E-R.
DIRECT EXAMINATION
BY MR. CLARKE:
Q: HOW IS FAYE SPELLED?
A: F-A-Y-E.
Q: AND ANN?
A: A-N-N.
Q: MISS SPRINGER, HOW ARE YOU TODAY?
A: I’M JUST FINE.
Q: WHO ARE YOU EMPLOYED BY?
A: I’M EMPLOYED BY THE SACRAMENTO COUNTY FORENSIC SERVICES LABORATORY IN SACRAMENTO, CALIFORNIA.
Q: IN WHAT POSITION?
A: AS A CRIMINALIST.
Q: IS THERE A PARTICULAR AREA THAT YOU SPECIALIZE IN AS FAR AS YOUR ROLE AS A CRIMINALIST?
A: WELL, I WORK PRIMARILY IN THE AREA OF TRACE EVIDENCE, ALTHOUGH I DO ABOUT ONE-THIRD OF MY TIME IN FIREARMS.
Q: SO ABOUT TWO-THIRDS OF YOUR TIME IS DEDICATED TO HAIRS, FIBERS, AND OTHER FORMS OF TRACE EVIDENCE?
A: YES.
Q: COULD YOU DESCRIBE YOUR FORMAL EDUCATION, PLEASE.
A: MY EDUCATION INCLUDES A BACHELOR OF SCIENCE DEGREE IN BIOCHEMISTRY FROM THE UNIVERSITY OF CALIFORNIA AT DAVIS. I GOT MY BACHELOR OF SCIENCE DEGREE IN 1970 AND IMMEDIATELY TOOK A POSITION WITH THE SANTA CLARA COUNTY LABORATORY OF CRIMINALISTICS.
WHILE I WAS THERE, I UNDERTOOK SOME POST-GRADUATE STUDIES IN SOME FORENSIC TOXICOLOGY AND PROBABILITY AND STATISTICS. AND I THINK FORENSIC SOILS OR SOMETHING LIKE THAT.
1972 I TOOK A POSITION WITH THE STATE OF CALIFORNIA, DEPARTMENT OF JUSTICE, AND WENT TO RIVERSIDE, CALIFORNIA. AND WHILE I WAS THERE, I ENROLLED IN A FORENSIC SCIENCE PROGRAM, A MASTER’S PROGRAM, IN LOS ANGELES. BUT I NEVER FINISHED IT. I GOT A LITTLE TOO BUSY I THINK.
BUT I UNDERTOOK A NUMBER OF COURSE WORK, FORMALIZED COURSE WORK IN THE AREAS OF FORENSIC SCIENCE THAT I HAVE WORKED IN THROUGH THE VARIOUS YEARS. AND THIS HAS CONTINUED THROUGH THE LAST THIRTY YEARS.
Q: HAS THERE BEEN A PERIOD OF TIME THAT YOU CAN TELL US ABOUT WHERE YOU HAVE SPENT AT LEAST THE MAJORITY OF YOUR TIME WORKING ON TRACE EVIDENCE?
A: I WOULD SAY TRACE EVIDENCE HAS BEEN MY PRIMARY RESPONSIBILITY FOR MORE THAN TWENTY YEARS.
Q: YOU MENTIONED BEING PART OF THE CALIFORNIA DEPARTMENT OF JUSTICE. IS THAT RIGHT? IN THAT ROLE DO YOU ACTUALLY TEACH OTHER CRIMINALISTS ABOUT TRACE EVIDENCE, INCLUDING HAIRS AND FIBERS?
A: YES.
Q: HOW LONG HAS THAT BEEN GOING ON?
A: I WOULD ESTIMATE ON-THE-JOB TRAINING FOR OVER TWENTY YEARS. FORMAL CLASSROOM INSTRUCTION THROUGH EITHER THE UNIVERSITY OF CALIFORNIA AT DAVIS OR CALIFORNIA CRIMINALISTICS INSTITUTION, WHICH IS THE TRAINING INSTITUTE FOR THE STATE OF CALIFORNIA FOR CRIMINALISTS, SINCE FOR AT LEAST, OH, MAYBE TEN, ELEVEN YEARS.
Q: IN THE SACRAMENTO CRIME LABORATORY THAT YOU CURRENTLY WORK FOR, IS THERE AN INSTRUMENT CALLED A MICROSPECTROPHOTOMETER?
A: YES.
Q: CAN YOU TELL US BRIEFLY WHAT THAT IS.
A: WELL, THE INSTRUMENT THAT YOU’RE TALKING ABOUT IS A MICROSPECTROPHOTOMETER THAT LOOKS AT ENERGY IN THE VISIBLE RANGE. SO IT’S AN INSTRUMENT THAT IS USED TO KIND OF QUANTITATE COLOR. SO THERE’S WAYS OF INSTRUMENTALLY DEFINING WHAT BLUE IS, WHAT RED IS, AND DIFFERENT SHADES OF BLUE IN THAT SOME OF THESE COLORS ARE MADE UP OF MORE THAN ONE DYE. SO IT’S A WAY OF LOOKING AT THE ABSORPTION OF LIGHT FROM DIFFERENT DYE COMPONENTS THAT ACTUALLY MAKE UP THE FINAL COLORED PRODUCT, WHETHER IT BE IN A TEXTILE OR A PAINT OR ANY MATERIAL THAT’S REALLY COLORED. AND SOME EQUIPMENT YOU CAN USE DOWN INTO THE ULTRAVIOLET RANGE, BUT NOT INTO THE FAR ULTRAVIOLET RANGE.
Q: IS THIS A PARTICULAR INSTRUMENT THAT YOU HAVE USED IN THE PAST AS PART OF YOUR EXAMINATIONS?
A: YES.
Q: OVER WHAT PERIOD OF TIME?
A: WELL, SINCE WE’VE HAD ONE TO USE, I WOULD SAY SINCE — FOR THE LAST SIX YEARS. I’VE USED EQUIPMENT LIKE THIS BEFORE, BUT ALWAYS HAD TO GO TO AN OUTSIDE LABORATORY TO USE IT.
Q: BUT YOUR CURRENT LABORATORY IN FACT DOES HAVE ONE?
A: WE WILL SOON HAVE TWO.
Q: CAN WE HAVE ONE DOWN HERE IN SAN DIEGO?
A: NO.
Q: I WOULD LIKE TO ASK YOU, MISS SPRINGER, IF YOU WERE OR REQUESTED TO ASSIST ANY LABORATORY CRIMINALISTS FROM SAN DIEGO COUNTY IN THE ANALYSIS OF EVIDENCE INVOLVING THE INVESTIGATION OF THE DISAPPEARANCE OF DANIELLE VAN DAM.
A: YES.
Q: DID THAT INVOLVE ON THE INITIAL OCCASION A CRIMINALIST BY THE NAME OF TANYA DULANEY?
A: YES.
Q: DO YOU RECALL WHEN THAT WAS?
A: SHE CAME AND SAW ME ON — AND I HAVE TO REFER TO MY NOTES FOR DATES.
Q: ALL RIGHT. AND IF YOU WOULD, WHEN YOU DO USE YOUR NOTES, IF YOU COULD JUST DESCRIBE WHAT ITEM YOU’RE REFERRING TO, THAT IS, WHAT NOTE OR REPORT, AND IF THERE’S A PAGE NUMBER, THAT WOULD BE HELPFUL.
A: THE NOTES THAT I’M REFERRING TO ARE NOTES THAT TANYA DULANEY MADE WHEN SHE VISITED ME IN SACRAMENTO. THEY’RE ACTUALLY HER NOTES OF WHICH I MADE A COPY.
Q: ALL RIGHT.
WOULD THAT REFRESH YOUR RECOLLECTION AS TO LOOK AT HER NOTES?
A: YES.
Q: ALL RIGHT. GO AHEAD.
A: SHE CAME ON APRIL 17TH OF THE YEAR 2002.
Q: AND THAT WAS TANYA DULANEY?
A: YES.
Q: DID YOU ASSIST HER WITH AN EXAMINATION?
A: YES.
Q: DESCRIBE WHAT THAT EXAMINATION INVOLVED.
A: SHE BROUGHT SOME CARPET-TYPE FIBER, SOME LIGHT BROWN OR BEIGE CARPET-TYPE FIBERS FOR EXAMINATION WITH THE VISIBLE MICROSPECTROPHOTOMETER. AND I RAN THOSE FOR HER AND GAVE HER THE SPECTRA AND BASICALLY INTERPRETED THE SPECTRA FOR HER.
Q: OKAY. YOU’VE USED A NEW TERM I THINK FOR US. WHEN YOU SAY GAVE HER THE SPECTRA, WHAT DOES THAT MEAN?
A: THE SPECTRA IS THE TRACING THE INSTRUMENT MAKES OF WHERE IN THE VISIBLE LIGHT RANGE THESE DIFFERENT COLORED COMPONENTS OF THE TEXTILE ABSORB LIGHT. AND IT’S ACTUALLY A TRACING OF EXACTLY WHERE THESE ABSORBENCIES OCCUR. THE IDEA IS THAT YOU COMPARE THE SPECTRA OR THESE TRACINGS; AND IF THEY LOOK SIMILAR ENOUGH, THEN WE SAY THAT THEY HAVE THE SAME OR SIMILAR DYES.
Q: SO YOU PARTICIPATED IN THIS USE OF THE MICROSPECTROPHOTOMETER WITH REGARD TO THESE CARPET FIBERS?
A: YES.
Q: DID THOSE CARPET FIBERS INCLUDE ITEMS IDENTIFIED AS COMING FROM NUMBER 60, FROM A MOTOR HOME BEDROOM?
A: YES.
Q: AS WELL AS AN ITEM NUMBER LABELED 74, FIBER OR FIBERS FROM A MOTOR HOME HALLWAY?
A: YES.
Q: AND DID IT ALSO INCLUDE WHAT WAS DESCRIBED AS AN ITEM NUMBER 155, A FIBER FROM A MOTOR HOME BATH MAT?
A: YES.
Q: WAS THIS MICROSPECTROPHOTOMETER USED TO ALSO OBTAIN ANY DATA REGARDING KNOWN CARPET SAMPLES FROM THE BEDROOM OF A DANIELLE VAN DAM?
A: YES.
Q: NOW, WITH REGARD TO THE RESULTS, AND I THINK YOU DESCRIBED THEM AS SPECTRA, —
A: YES.
Q: — HOW DOES ONE READ THESE? IF YOU CAN DESCRIBE THAT FOR US.
A: WELL, BASICALLY YOU HAVE A TRACING OF WHERE LIGHT IS ABSORBED IN THE FIBER OVER A RANGE OF WAVE LENGTHS, WHICH IS BASICALLY FROM ULTRAVIOLET TO RED IN COLOR. AND BASICALLY THE WAY YOU READ THESE IS TO OVERLAY THEM AND TO SEE HOW SIMILAR THE TRACINGS LOOK. IF THE QUESTIONED FIBER IS WITHIN THE TRACINGS THAT ARE DRAWN FOR THE REFERENCE FIBER, THEN WE SAY THAT THESE ARE SIMILAR AND THE DYES ARE EITHER THE SAME OR OF SIMILAR COMPOSITION.
Q: DID AN EXAMINATION OR COMPARISON OCCUR BETWEEN THESE SPECTRA OR THIS DATA FROM THE THREE EVIDENCE ITEMS I’VE DESCRIBED TO YOU AND THE KNOWN CARPET SAMPLES FROM THE BEDROOM CARPET OF DANIELLE VAN DAM?
A: YES.
Q: WHAT WERE THOSE RESULTS?
A: AGAIN I NEED TO REFER TO THE NOTES.
Q: ALL RIGHT.
A: THE RESULTS WERE THAT THE SPECTRA WERE SIMILAR WITH ALL THE FIBERS THAT WERE EXAMINED EXCEPT FOR ONE, AND THAT WAS ONE THAT WAS LABELED FROM ITEM 74, TAPE LIFT 3.
Q: TO YOUR KNOWLEDGE DID THAT PARTICULAR ITEM 74 CONTAIN ADDITIONAL FIBERS OTHER THAN THE ONE THAT WAS NOT CONSISTENT?
A: I DON’T KNOW.
Q: ALL RIGHT.
NOW, IF I CAN TURN YOUR ATTENTION TO — AND WHEN YOU SAY CONSISTENT WITH, WHAT DOES THAT MEAN, OTHER THAN THE ONE FIBER?
A: THAT MEANS THAT THE TRACINGS OF THE SPECTRA LOOKED THE SAME.
Q: DOES THAT MEAN BASED ON THAT TEST THAT THOSE EVIDENCE FIBERS EXCEPT FOR THE ONE THAT YOU DESCRIBED COULD HAVE IN FACT COME FROM THE SAME CARPETING THAT THE KNOWN SAMPLES WERE OBTAINED FROM?
A: WELL, THEY COULD HAVE COME FROM THE SAME AS THE KNOWN IN THAT THIS TEST LOOKS AT THE COLOR COMPONENTS OF THAT FIBER, BUT THAT’S ALL THIS TEST LOOKS LIKE. SO AS FAR AS THAT PARTICULAR PART OF AN EXAMINATION, IT CERTAINLY IS INCLUDED IN FIBERS THAT COULD HAVE COME FROM. TO ACTUALLY MAKE THAT CONCLUSION, YOU HAVE TO LOOK AT THE WHOLE SPECTRUM OF TESTS THAT ARE PERFORMED TO MAKE A FINAL CONCLUSION.
Q: IN OTHER WORDS, YOUR ROLE IN THIS TEST WAS JUST ASSISTING TANYA DULANEY WITH THE MICROSPECTROPHOTOMETER.
A: CORRECT.
Q: NOW I WOULD LIKE TO TURN YOUR ATTENTION TO ADDITIONAL EVIDENCE ITEMS AS FAR AS TANYA DULANEY IS CONCERNED. DID SHE BRING OTHER TYPES OF TRACE EVIDENCE WITH HER TO YOUR LABORATORY ON THAT SAME DATE?
A: YES.
Q: WHAT WERE THOSE EVIDENCE ITEMS?
A: SHE BROUGHT TWO SAMPLES OF DOG REFERENCE HAIRS AND SOME HAIRS THAT SHE HAD ISOLATED FROM LIKE A DRYER LINT, A BATH MAT, AND SOME ITEMS OUT OF A MOTOR HOME.
Q: ALL RIGHT.
THAT WAS GOING TO BE MY NEXT QUESTION. AS FAR AS THE EVIDENCE ANIMAL HAIRS, DID THEY INCLUDE ANIMAL HAIRS FROM AN ITEM NUMBER 13A, DRYER LINT?
A: YES.
Q: DID THEY ALSO INCLUDE EVIDENCE SAMPLES FROM AN ITEM LABELED NUMBER 74, HALLWAY CARPET?
A: YES.
Q: AND DID THAT INCLUDE ANIMAL HAIRS, BELIEVED ANIMAL HAIRS, FROM AN ITEM 155, A MOTOR HOME BATH MAT?
A: YES.
Q: I BELIEVE YOU ALSO SAID THAT SHE HAD KNOWN SAMPLES OF A DOG BROUGHT. IS THAT CORRECT?
A: YES.
Q: WAS THAT IDENTIFIED AS IN FACT KNOWN SAMPLES FROM THE VICTIM’S DOG?
A: YES.
Q: WHAT ROLE, IF ANY, DID YOU PLAY IN A COMPARISON OR AN EXAMINATION OF THOSE BELIEVED ANIMAL HAIRS?
A: SHE ASKED ME IF I WOULD DO A REVIEW OF THE MICROSCOPIC AND MACROSCOPIC COMPARISON AND AS A SECOND EXAMINER. AND, YOU KNOW, TO INSURE THAT SHE HAD LOOKED AT ALL OF THE FEATURES THAT WERE IMPORTANT IN THAT TYPE OF A COMPARISON. SO I DID THAT WHILE SHE WAS THERE.
Q: CAN YOU TELL US WHAT YOU OBSERVED AND WHAT, IF ANY, OPINIONS YOU WERE ABLE TO REACH AFTER THAT COMPARISON.
A: WELL, THESE WERE ALREADY MOUNTED HAIRS, SO I COMPARED THE HAIRS THAT SHE HAD PREPARED FOR EXAMINATION BOTH WITH A STEREO MICROSCOPE AND A TRANSMITTED-LIGHT MICROSCOPE AND FOUND THAT THE HAIRS THAT SHE HAD ISOLATED FROM 13A, 55, AND 74 WERE MICROSCOPICALLY SIMILAR TO THE REFERENCE HAIRS FROM THE DOG.
Q: DOES THAT MEAN THAT THOSE HAIRS IN THE EVIDENCE COULD HAVE COME FROM THE VICTIM’S DOG?
A: YES.
Q: I BELIEVE YOU MAY HAVE SAID AN ITEM 55. WOULD THAT HAVE BEEN AN ITEM —
A: 155. I’M SORRY.
Q: IN JUST LOOKING AT THESE HAIRS UNDER A MICROSCOPE, FROM YOUR EXAMINATION, CAN YOU EXCLUDE ANY TYPES OF DOGS AS HAVING DONATED THOSE HAIRS?
A: YES.
Q: TELL US.
A: ANY DOG THAT HAS LONG HAIR, LONG OR CURLY HAIR, YOU KNOW. ALSO ANY DOG THAT DOESN’T MATCH THE COLORING OF THESE HAIRS. SO LIKE A BLACK DOG OR A WHITE DOG WOULD BE EXCLUDED.
Q: DO YOU RECALL THE COLOR OF THESE HAIRS?
A: THEY HAD BROWNISH PIGMENT IN IT. IT’S A LITTLE DIFFICULT TO TELL FROM A SINGLE HAIR WHAT THE ENTIRE ANIMAL LOOKS LIKE, BUT THEY DID HAVE PIGMENTATION IN THEM.
Q: NOW I WOULD LIKE TO ASK YOU ABOUT ONE MORE OCCASION WHEN YOU WERE I BELIEVE VISITED BY A CRIMINALIST NAMED JENNIFER SHEN. DO YOU RECALL THAT?
A: YES.
Q: DO YOU RECALL WHEN THAT WAS?
A: AGAIN I NEED TO REFER TO THE NOTES THAT SHE MADE WHEN SHE VISITED ME. SHE CAME ON JUNE 3RD, 2002. AND THAT’S FROM HER NOTES THAT SHE MADE DURING OUR VISIT.
Q: ALL RIGHT.
DO YOU RECALL WHAT SHE BROUGHT WITH YOU TO YOUR LABORATORY FOR EXAMINATION?
MR. FELDMAN: COUNSEL MISSPOKE, YOUR HONOR.
THE COURT; I THINK YOU JUST MADE A MISTAKE, COUNSEL.
MR. CLARKE: I’M SORRY.
THE COURT: TRY THE TRANSITION AGAIN.
MR. CLARKE: NOW I’M CURIOUS ABOUT THE —
THE COURT: SHE DID NOT BRING ANYTHING. THE WAY YOU FOCUSED IT.
BY MR. CLARKE:
Q: DO YOU RECALL WHAT, IF ANY, EVIDENCE MISS SHEN BROUGHT TO YOUR LABORATORY FOR EXAMINATION?
A: YES.
Q: WHAT?
A: SHE BROUGHT ORANGE FIBERS.
Q: DID THAT INCLUDE A SINGLE FIBER IDENTIFIED AS HAVING BEEN OBTAINED FROM A NECKLACE, ITEM NUMBER 120?
A: YES.
Q: DID THAT ALSO INCLUDE FIBERS IDENTIFIED AS HAVING COME FROM A LAUNDRY ROOM AREA, NUMBER 5A?
A: YES.
Q: WHAT WAS DONE WITH THOSE FIBERS IN YOUR LABORATORY?
A: WELL, WE LOOKED AT THEM WITH A MICROSPECTROPHOTOMETER, YOU NOW, THE INSTRUMENT THAT DRAWS THE COLOR SPECTRA OR LOOKS AT THE COLOR OF THE FIBERS.
IN ADDITION, WE DID SOME FLUORESCENCE MICROSCOPY. AND WE DID IT TWO WAYS. WE DID IT WITH A STEREO MICROSCOPE WHICH BASICALLY USES REFLECTED LIGHT AND IS JUST MAGNIFIED EITHER FOR — SOME PLACE BETWEEN FOUR AND FORTY TIMES. AND WE LOOKED AT THE FIBERS WITH TRANSMITTED LIGHT WITH FLUORESCENCE. AND I ASSISTED HER IN DOING SOME CROSS-SECTIONS OF THE REFERENCE MATERIALS.
Q: ALL RIGHT.
WERE YOU ABLE TO FORM ANY OPINIONS BASED ON THE MICROSPECTROPHOTOMETER DATA AS WELL AS THE FLUORESCENCE MICROSCOPY ABOUT WHETHER OR NOT THAT ORANGE FIBER WAS OR WAS NOT CONSISTENT — I’M SORRY — THE ORANGE FIBER IN THE NECKLACE WAS OR WASN’T CONSISTENT WITH THE ORANGE FIBERS FOUND IN ITEM 5A?
A: WELL, THE ONE FIBER THAT I SAW FROM THE NECKLACE WHICH IS NUMBER 120 I BELIEVE —
Q: YES.
A: — WAS SIMILAR TO ONE OF THE FIBERS IN 5A.
Q: ALL RIGHT.
A: AS FAR AS MY PART OF THAT EXAMINATION.
Q: ADN THAT PART AGAIN WAS WHAT?
A: I LOOKED AT THE DYE COMPONENTS, THE COLORING COMPONENTS. AND I ALSO LOOKED AT THE MICROSCOPY AS FAR AS FLUORESCENCE. AND THE COLOR AND THE SHAPE OF THE FIBER.
Q: NOW, THE ITEMS THAT YOU COMPARED THE NECKLACE FIBER TO, ITEM NUMBER 120, WAS THAT LIMITED TO ITEMS FROM AN ITEM LABELED 5A?
A: NO.
Q: OKAY.
WHERE ELSE DID THOSE FIBERS, IN OTHER WORDS, WHAT DID YOU COMPARE 120 TO? I’M A LITTLE UNCLEAR.
A: I COMPARED 120 TO SOME FIBERS THAT WERE IDENTIFIED AS FROM AN AFGHAN.
Q: ALL RIGHT.
LET’S TALK ABOUT THAT AS WELL. YOU COMPARED THEM TO AN ITEM NUMBER 5A, IS THAT CORRECT?
A: CORRECT.
Q: DO YOU RECALL HOW MANY FIBERS THAT CONSISTED OF?
A: NO.
Q: ALL RIGHT.
WAS IT MORE THAN ONE?
A: I DON’T REMEMBER.
Q: ALL RIGHT.
THEN YOU’VE ALSO DESCRIBED THE FACT THAT YOU COMPARED THEM TO A SPECIFIC ITEM. IS THAT CORRECT? AN AFGHAN.
A: I COMPARED THEM TO SOME CUT THREADS OR CUT YARN FROM AN AFGHAN.
Q: FROM AN AFGHAN?
A: I NEVER SAW THE AFGHAN.
Q: I UNDERSTAND.
IF YOU COULD DESCRIBE FOR US, THEN, AGAIN, I THINK IT WILL MAKE IT A LITTLE CLEARER, THE RESULTS OF YOUR COMPARISON FROM THE FIBER FROM THE NECKLACE WITH THE FIBERS FROM NUMBER 5A AND THE FIBERS FROM THE AFGHAN.
A: WELL, THE FIBERS FROM THE NECKLACE WERE SIMILAR TO AT LEAST ONE FIBER IN 5A. AND I DON’T RECALL HOW MANY FIBERS WERE IN THAT ITEM. BUT AT LEAST ONE OF THE FIBERS THAT WAS MOUNTED WAS SIMILAR IN ITS MICROSCOPIC FLUORESCENCE AND MICROSPECTROPHOTOMETRY RESULTS.
THE FIBER FROM THE NECKLACE WAS NOT SIMILAR TO THE FIBERS IN THE YARN THAT WAS BROUGHT TO SACRAMENTO FROM THE AFGHAN.
Q: ALL RIGHT.
A: THERE WAS A DIFFERENT DYE COMPONENT.
Q: IN THE AFGHAN?
A: YES.
MR. CLARKE: ALL RIGHT.
THANK YOU VERY MUCH.
THE COURT: ALL RIGHT.
CROSS-EXAMINATION.
CROSS-EXAMINATION
BY MR. FELDMAN:
Q: GOOD AFTERNOON, MA’AM.
A: GOOD AFTERNOON.
Q: DO YOU REMEMBER THE SIZE OF THE FIBERS?
A: NO.
Q: DO YOU REMEMBER HOW MANY FIBERS?
A: NO.
Q: DID YOU TAKE ANY NOTES OF YOUR WORK?
A: NO. ALL THE NOTES WERE TAKEN BY EITHER TANYA OR JENNIFER. THERE ARE A FEW NOTATIONS THAT I MADE ON THEIR ORIGINAL NOTES.
Q: SO YOU’RE NOT HERE TO TESTIFY THAT YOU MATCHED ANYTHING, CORRECT?
A: I’M HERE TO TESTIFY ONLY TO THOSE ASPECTS THAT I ACTUALLY PERFORMED.
Q: SO WHEN YOU WERE ASKED THE QUESTIONS ABOUT THE ANIMAL HAIRS, FOR INSTANCE, YOU DIDN’T — YOU’RE NOT MAKING ANY PARTICULAR STATEMENT THAT THERE’S AN EXACT IDENTIFICATION, CORRECT?
A: MY OPINION ON THE ANIMAL HAIRS IS THAT THE QUESTIONED HAIRS THAT WERE BROUGHT UP FOR ME TO EXAMINE WERE SIMILAR MICROSCOPICALLY TO THE REFERENCE HAIRS.
Q: SIMILAR?
A: YES.
Q: RIGHT?
BUT THEY COULD ALSO BE SIMILAR TO ANY OTHER, I THINK YOU PUT IT, I THINK SHORT HAIR, GRAY-COLORED, IS THAT THE COLOR YOU USED? I’M SORRY. BROWN-COLORED?
A: NO. THAT WAS NOT WHAT I SAID.
Q: PLEASE. WHAT WAS THE LENGTH OF THE HAIR?
A: IT WAS SHORT. WHAT I REMEMBER IS AROUND AN INCH, BUT YOU WOULD HAVE TO REFER TO TANYA’S NOTES FOR AN EXACT LENGTH.
Q: COLOR?
A: THEY WERE — THE HAIRS THAT I SAW WERE PIGMENTED WITH A KIND OF A BROWN PIGMENT.
Q: SO THE HAIRS COULD BE SIMILAR WITH ANY DOG THAT HAD BROWN PIGMENTED ABOUT ONE-INCH HAIR?
A: NO. NO. EVEN WITHIN ANIMALS THAT HAVE SIMILAR LENGTHS OF HAIR AND ARE COLORED THE SAME WAY, THERE IS STILL VARIATION WITH DIFFERENT ANIMALS. VARIATION WOULD INCLUDE HOW THAT PIGMENT IS DISTRIBUTED THROUGHOUT THE SHAFT OF THE HAIR, THE WAY THE MEDULLA LOOKS. THERE SOMETIMES WE’LL SEE SOMETHING CALLED OVOID BODIES WHICH ARE PIGMENT REMNANTS THAT TEND TO FORM THESE LARGE DARK SPOTS IN THE HAIR. THOSE WILL VARY WITHIN ANIMAL HAIRS THAT HAVE SIMILAR LENGTHS AND SIMILAR COLOR. SO EVEN WITHIN THAT GROUP THERE WILL BE SOME VARIATION. IT MAY NOT BE GREAT VARIATION, BUT THERE CERTAINLY IS THE ABILITY TO DISTINGUISH SOME TYPES OF ANIMALS.
Q: SO THERE’S ALL THESE VARIATIONS THAT YOU HAVE JUST ARTICULATED, RIGHT?
A: CORRECT.
Q: AND YOU SAID IT WAS DIFFICULT TO TELL FROM ONE HAIR WHAT THE ANIMAL LOOKED LIKE, CORRECT?
A: CORRECT.
Q: AND WITHOUT D.N.A. YOU CAN’T REALLY MATCH THE HAIRS, CAN YOU?
MR. CLARKE: OBJECTION. LACK OF FOUNDATION, YOUR HONOR.
THE COURT: OVERRULED. SHE CAN ANSWER THAT.
THE WITNESS: WELL, MATCHING, NOT IN THE SENSE OF INDIVIDUALLY IDENTIFYING AN ANIMAL, NO. WE CANNOT DO THAT.
MR. FELDMAN: ALL RIGHT.
BY MR. FELDMAN:
Q: WITH REGARD TO THE FIBERS YOU TALKED ABOUT, I’M SORRY, I FORGET IF I ASKED YOU, DO YOU REMEMBER THE LENGTH?
A: NO.
Q: YOU SAID THEY WERE CONSISTENT. IT’S CORRECT THEY COULD HAVE COME FROM A COMMON SOURCE. IS THAT KIND OF THE LANGUAGE YOU USED?
A: AS FAR AS THE COMPARISONS THAT I DID, YES.
Q: BUT THEY COULD ALSO NOT HAVE COME FROM A COMMON SOURCE?
A: WELL, THERE COULD BE MORE THAN ONE SOURCE WITH THOSE KINDS OF DYES.
Q: ALL RIGHT.
AND FINALLY, DID YOU AUTHOR OR PARTICIPATE IN AUTHORING A CHAPTER BY ROBERTSON AND GREEVE —
A: YES.
Q: — ON THE COLLECTION OF FIBERS?
A: YES.
Q: I WOULD LIKE TO DIRECT YOUR ATTENTION TO WHAT’S BEEN PREVIOUSLY MARKED 132. THAT DEPICTS A PHOTOGRAPH, DOESN’T IT?
A: IN MY CHAPTER, YES.
Q: IN YOUR CHAPTER?
A: YES.
Q: AND THAT PHOTOGRAPH DEPICTS HOW YOU RECOMMEND PEOPLE DRESS WHEN THEY’RE IN THE PROCESS OF COLLECTING EVIDENCE, IS THAT RIGHT? TRACE EVIDENCE.
A: WELL, THAT WOULD BE THE RECOMMENDED PHOTOGRAPH. THIS IS NOT AN ACTUAL PHOTOGRAPH I TOOK. THIS IS A PHOTOGRAPH THAT MY COLLEAGUE MIKE GREEVE TOOK. AND WE KIND OF COMPROMISED ON PUTTING IT IN MY CHAPTER. I THOUGHT IT SHOULD GO IN HIS CHAPTER.
MR. FELDMAN: THANK YOU.
THE COURT: ANYTHING FURTHER, MR. CLARKE?
MR. CLARKE: NO, THANK YOU, YOUR HONOR.
THE COURT: IS THIS WITNESS TO BE EXCUSED?
MR. FELDMAN: NO OBJECTION, YOUR HONOR.
THE COURT: HOW’S THE WEATHER IN SACRAMENTO THESE DAYS?
THE WITNESS: GETTING WARMER DAILY.
THE COURT: GETTING WARMER DAILY.
THE WITNESS: YES.
THE COURT: THANK YOU FOR ATTENDING. YOU ARE FREE TO LEAVE. PLEASE REMEMBER YOU’RE STILL UNDER AN ADMONITION NOT TO DISCUSS YOUR TESTIMONY WITH ANYONE UNTIL THE MATTER IS CONCLUDED. OKAY? THANK YOU. HAVE A GOOD TRIP BACK.
THE WITNESS: THANK YOU.
(THE WITNESS WAS EXCUSED.)
THE COURT: ALL RIGHT. MR. CLARKE.
MR. CLARKE: THANK YOU, YOUR HONOR.
JIM WATKINS.
JAMES M. WATKINS, JR.,
CALLED AS A WITNESS BY THE PLAINTIFF, HAVING BEEN DULY SWORN, TESTIFIED AS FOLLOWS:
THE CLERK: SIR, PLEASE STATE YOUR NAME AND SPELL IT FOR THE RECORD.
THE WITNESS: JAMES M. WATKINS, JR. W-A-T-K-I-N-S.
DIRECT EXAMINATION
BY MR. CLARKE:
Q: GOOD AFTERNOON, MR. WATKINS.
A: GOOD AFTERNOON.
Q: WHO ARE YOU EMPLOYED BY?
A: I’M EMPLOYED BY THE SAN DIEGO POLICE DEPARTMENT.
Q: IN WHAT ROLE?
A: I’M A COMPUTER FORENSIC EXAMINER, AND I’M CURRENTLY ASSIGNED TO THE REGIONAL COMPUTER FORENSICS LAB.
Q: LET’S START WITH A COMPUTER FORENSICS EXAMINER. WHAT IS THAT?
A: YOU HAVE TO EXCUSE ME. I’M GETTING OVER A COLD RIGHT NOW.
A COMPUTER FORENSIC EXAMINER OR AS A COMPUTER FORENSIC EXAMINER, MY JOB IS TO EXAMINE COMPUTERS FOR ANY SORT OF DIGITAL EVIDENCE, SUCH AS COMPUTER EVIDENCE, FLOPPY DISK, HARD DRIVES, AND EXTRACT EVIDENCE OFF OF THEM.
Q: ALL RIGHT.
YOU ALSO USED THE TERM I THINK REGIONAL COMPUTER FORENSICS LABORATORY.
A: YES.
Q: WHAT IS THAT?
A: THE REGIONAL COMPUTER FORENSICS LABORATORY OR
R. C. F. L. IS A COOPERATIVE EFFORT OF ALL — ABOUT THIRTY-TWO LAW ENFORCEMENT AGENCIES HERE IN SOUTHERN CALIFORNIA. WE HAVE RESPONSIBILITIES FOR THE INVESTIGATION OR THE — I’M SORRY — THE ANALYSIS OF COMPUTER EVIDENCE IN BOTH SAN DIEGO AND IMPERIAL COUNTIES BOTH FOR THE STATE AND FOR THE FEDERAL AGENCIES.
Q: HOW LONG HAS THIS LABORATORY BEEN IN EXISTENCE?
A: APPROXIMATELY THREE YEARS NOW.
Q: WAS THIS THE FIRST SUCH LABORATORY IN THE UNITED STATES?
A: YES, IT WAS.
Q: COULD YOU DESCRIBE — WELL, LET ME ASK A DIFFERENT WAY. WHAT ARE YOUR DUTIES AS A COMPUTER FORENSICS EXAMINER AS FAR AS THE R. C. F. L. IS CONCERNED AND YOUR WORK IN SAN DIEGO AND IMPERIAL COUNTIES?
A: WELL, MY DUTIES ARE TO — THE ONE TO GO OUT TO THE FIELD AND SEIZE COMPUTERS THAT HAVE BEEN USED IN CRIMES OR THAT ARE EVIDENCE IN CRIMES. ALSO TO GO OUT AND DO WHAT WE CALL IMAGING. THERE ARE CERTAIN SITUATIONS WHERE WE CAN’T PHYSICALLY TAKE THE COMPUTER, WHERE THE COURT WON’T ALLOW IT OR IT’S JUST IMPRACTICAL. WE CAN GO OUT INTO THE FIELD AND MAKE COPIES OF THE HARD DRIVES THERE ON THE SCENE AND TAKE THOSE BACK TO THE LABORATORY WITH US. THE OTHER PART IS ONCE BACK AT THE LABORATORY IS THE ACTUAL ANALYSIS OF THAT EVIDENCE.
Q: ALL RIGHT.
HOW LONG HAVE YOU BEEN WITH THE R. C. F. L.?
A: SINCE ACTUALLY BEFORE ITS INCEPTION. ABOUT THREE AND A HALF YEARS.
Q: NOW, YOU HAVE USED THE TERM HARD DRIVE. PERHAPS WE CAN DEFINE SOME OF THESE TERMS AS YOU USE THEM. WHAT IS THAT?
A: A HARD DRIVE IS A — IT’S A LITTLE METAL CASE THAT’S ABOUT THREE AND A HALF INCHES BY ABOUT FOUR INCHES. IT’S INSIDE THE COMPUTER, AND IT’S ACTUALLY THE MEMORY WHERE ALL OF THE INFORMATION IS STORED ON THE COMPUTER.
Q: SO IF I TYPE A FILE UP ON A COMPUTER AND I DECIDE I WANT TO SAVE THIS SO I CAN GO BACK TO IT ANOTHER DAY, IS THAT THE LOCATION THAT TYPICALLY I WOULD SAVE SUCH A FILE?
A: THAT IS ONE OF THE LOCATIONS, YES, SIR.
Q: COULD YOU DESCRIBE FOR THE JURY, IF YOU WOULD, THE EDUCATION, TRAINING, AND EXPERIENCE THAT YOU HAVE THAT HAS LED TO YOUR POSITION AS A COMPUTER FORENSICS EXAMINER.
A: YES. I’VE BEEN — I WAS ASSIGNED TO THE R. C. F. L. THE R. C. F. L. IS ALL OF OUR EXAMINERS INCLUDING MYSELF ARE CERTIFIED BY THE F. B. I. LABORATORY IN WASHINGTON, D. C. I RECEIVED APPROXIMATELY EIGHT HUNDRED HOURS’ WORTH OF TRAINING JUST IN COMPUTER FORENSICS. THE TRAINING I’VE RECEIVED HAS BEEN FROM THE FEDERAL BUREAU OF INVESTIGATION, THE COMPUTER TRAINING UNIT IN THE F. B. I. ACADEMY AT QUANTICO, VIRGINIA. I’VE RECEIVED TRAINING FROM THE COMPUTER ANALYSIS AND RESPONSE TEAM OUT OF QUANTICO. I RECEIVED TRAINING FROM THE NATIONAL WHITE COLLAR CRIME CENTER, THE SEARCH GROUP UP IN SACRAMENTO, THE INTERNATIONAL ASSOCIATION OF COMPUTER INVESTIGATIVE SPECIALISTS. I’VE ALSO RECEIVED SPECIFIC TRAINING IN DIFFERENT SOFTWARE PROGRAMS BY GUIDANCE SOFTWARE, ACCESS DATA, AS WELL AS THE PROGRAM I LOOK.
AGAIN I’M CERTIFIED BY THE F. B. I. I’M ALSO CERTIFIED BY THE INTERNATIONAL ASSOCIATION OF COMPUTER INVESTIGATIVE SPECIALISTS AS A COMPUTER FORENSIC CERTIFIED EXAMINER OR C. F. C. E.
Q: I WOULD NOW LIKE TO DIRECT YOUR ATTENTION TO EARLY FEBRUARY OF THIS YEAR, SPECIFICALLY FEBRUARY 4TH, AND ASK IF YOU WERE REQUESTED TO TAKE PART IN THE INVESTIGATION OF THE DISAPPEARANCE OF DANIELLE VAN DAM.
A: YES, I WAS.
Q: IN PARTICULAR WERE YOU ASKED TO ASSIST IN THE SEARCH OF A RESIDENCE?
A: YES.
Q: WHAT RESIDENCE WAS THAT?
A: THE RESIDENCE LOCATED AT 11995 ON MOUNTAIN PASS IN SAN DIEGO.
Q: WAS THAT IDENTIFIED — I’M SORRY.
A: IN SAN DIEGO.
Q: WAS THAT ADDRESS IDENTIFIED TO YOU AS THE RESIDENCE OF ANY PARTICULAR INDIVIDUAL?
A: IT WAS.
Q: WHO WAS THAT?
A: MR. DAVID WESTERFIELD.
Q: WHAT WAS YOUR ROLE TO BE IN THAT SEARCH ON THAT PARTICULAR DATE?
A: I WAS REQUESTED TO GO TO THE SCENE AND MAKE COPIES OF THE HARD DRIVES OF THE COMPUTERS THERE.
Q: YOU’VE DEFINED WHAT A HARD DRIVE IS. HOW DO YOU MAKE A COPY OF A HARD DRIVE?
A: WE HAVE PORTABLE COMPUTERS THAT WE TAKE WITH US. WE’LL SET THOSE UP AT THE SCENE. WE WILL REMOVE THE HARD DRIVES FROM THE SUBJECT COMPUTERS, HOOK THOSE UP TO OUR COMPUTER, AND MAKE WHAT’S CALLED A PHYSICAL IMAGE, WHICH IS A — JUST AN IDENTICAL COPY OF ALL THE DATA OFF THE SUBJECT COMPUTER ONTO OUR COMPUTER.
Q: WHEN YOU SAY YOU BRING EQUIPMENT WITH YOU, DO YOU BRING YOUR OWN PERSONAL COMPUTERS? WHAT DO YOU BRING?
A: WE BRING — THEY ARE COMPUTERS THAT WE HAVE BUILT AT THE R. C. F. L. WE CALL THEM FIELD IMAGING KITS. THEY LOOK LIKE AN OVERGROWN FOR WANT OF A BETTER TERM LUNCH BOX. IT’S TOTALLY SELF-CONTAINED, KEYBOARD, MONITOR, BUT IT’S A FULLY-POWERED COMPUTER, NOT JUST LIKE A LAPTOP. WITH THAT DEVICE WE CAN HOOK IT UP TO ANY HARD DRIVE AND GO AHEAD AND MAKE OUR COPY.
Q: YOU ARRIVED AT THE RESIDENCE ON FEBRUARY 4TH.
A: YES, SIR.
Q: DID YOU ENTER THE RESIDENCE?
A: YES.
Q: WHAT DID YOU DO ONCE THAT HAPPENED?
A: I WAS DIRECTED TO THE — WELL, WHEN WE WENT IN, I TALKED TO SERGEANT HOLMES WHO DIRECTED US TO THE UPSTAIRS OFFICE.
Q: WHAT DID YOU DO?
A: TOOK A — WELL, EXAMINED THE OFFICE, SAW THAT THERE WERE TWO COMPUTERS INSIDE THE OFFICE AREA THERE. WE SET UP A TABLE AND SET UP A COUPLE OF COMPUTERS AND THEN CONDUCTED THE IMAGING PROCESS.
Q: DO YOU RECALL WHAT DATE IT WAS WHEN YOU ACTUALLY ARRIVED AT THE RESIDENCE?
A: IT WAS THE MORNING OF THE 5TH.
Q: ALL RIGHT.
WAS THIS — WAS IT DARK OUT?
A: YES, IT WAS.
Q: SO THIS WAS AFTER MIDNIGHT ON THE 4TH?
A: YES.
Q: I WOULD LIKE TO SHOW YOU A BOARD OF PHOTOGRAPHS THAT’S BEEN PREVIOUSLY MARKED EXHIBIT 102. AND IF YOU WOULD, MR. WATKINS, TAKE A LOOK AT THOSE PHOTOGRAPHS LABELED A THROUGH J. DO YOU SEE THOSE PHOTOGRAPHS?
A: YES, I DO.
Q: OKAY.
DO ANY OF THOSE PHOTOGRAPHS SHOW SOMETHING THAT YOU ARE FAMILIAR WITH FROM YOUR ENTRY OF THE RESIDENCE ON FEBRUARY 5TH?
A: THE FIRST THING IT POINTS OUT ARE THE COMPUTERS THAT ARE VISIBLE IN PHOTOGRAPH A, G, AND H.
Q: DO YOU RECOGNIZE THEM?
A: YES, I DO.
Q: WHAT ARE THEY?
A: THOSE ARE ACTUALLY IN — YOU CAN SEE IN PHOTOGRAPH A, YOU CAN SEE COMPUTER MONITORS AND JUST BELOW THE DESK THE MONITORS ARE SITTING ON THERE ARE SOME COMPUTERS OR THE CENTRAL PROCESS UNITS OR C.P. UNITS OF THE COMPUTERS.
Q: OKAY. WE WILL GET A COUPLE MORE TERMS THERE.
WHAT I AM GOING TO ASK YOU TO DO IS — IS THERE A POINTER THERE YOU CAN REACH ON THE WITNESS STAND?
A: YES.
Q: ALL RIGHT.
IF YOU COULD START WITH PHOTOGRAPH A AND IF YOU WOULD DESCRIBE WHAT EACH OF THESE PHOTOGRAPHS SHOW.
A: WHAT PHOTOGRAPH A SHOWS IS A DESK WITH TWO COMPUTER MONITORS SITTING ON TOP, AND THEN UNDERNEATH YOU CAN SEE THE BACK OF A COMPUTER WHICH AGAIN IT’S CALLED A C.P.U. OR CENTRAL PROCESSING UNIT. THAT’S WHAT ACTUALLY HOLDS ALL OF THE COMPONENTS OF THE COMPUTER WHICH DOES THE COMPUTING AND HOLDS THE HARD DRIVE WHICH HAS THE MEMORY AND THAT SORT OF THING.
Q: CAN I STOP YOU FOR A MOMENT.
A: CERTAINLY.
Q: IS THAT WHAT SOMEBODY WOULD CALL THE BOX?
A: THAT’S WHAT SOMEBODY CALLS THE BOX, YES, SIR.
Q: YOU USED THE TERM MONITOR. WHAT IS A MONITOR?
A: IT’S A T.V. SCREEN THAT ALLOWS THE USER TO LOOK AND SEE WHAT THE COMPUTER IS DOING.
Q: OKAY. GO AHEAD.
A: COMING DOWN TO G, AGAIN THERE ARE TWO MONITORS AND ON H ALSO ONE MONITOR AND A TELEVISION SCREEN.
Q: ALL RIGHT. LET’S GO BACK TO PHOTOGRAPH G IF WE COULD.
I THINK YOU DESCRIBED TWO MONITORS THAT ARE VISIBLE IN THAT PHOTOGRAPH.
A: YES, SIR.
Q: AND THEN I THINK YOU SAID THAT WHAT WAS IN BETWEEN IS A T.V. SCREEN.
A: APPEARS TO BE A SMALL TELEVISION, V.C.R.
Q: ALL RIGHT. VERY GOOD.
NOW, I THINK YOU WERE STILL DESCRIBING THE PHOTOS AND I’M NOT SURE WE GOT — I THINK YOU TALKED ABOUT PHOTOGRAPHS A, G, AND H. IS THAT CORRECT?
A: YES, SIR, THAT IS CORRECT.
Q: OKAY.
CAN YOU TELL US ABOUT THE REMAINING PHOTOGRAPHS.
A: THE OTHER PHOTOGRAPHS ARE — PHOTOGRAPH B, THERE IS A PRINTER AND A COPY MACHINE. PHOTOGRAPH C SHOWS A BOOKCASE. THE TOP PART OF A MONITOR. D SHOWS ANOTHER BOOKCASE OR, I’M SORRY, SHOWS THE SAME BOOKCASE. E THE BOOKCASE. F THE BOOKCASE. I SHOWS AN ENVELOPE AND J SHOWS SOME C.D. ROMS AND SOME ZIP DISKS.
Q: ALL RIGHT. WE WILL RETURN TO THOSE ITEMS AND I’LL HAVE YOU TELL US WHAT THEY ARE.
DID THERE COME A TIME YOU ARRIVED IN THE OFFICE?
A: YES.
Q: THAT IS, THE OFFICE PORTION OF THE RESIDENCE OF MR. WESTERFIELD AS SHOWN IN EXHIBIT 102.
A: YES, SIR.
Q: WERE YOU WITH ANY OTHER COMPUTER EXAMINERS?
A: YES, I WAS.
Q: WHO WAS THAT?
A: I WAS WITH LEE YOUNGFLESH FROM THE FEDERAL BUREAU OF INVESTIGATION.
Q: DO YOU KNOW HOW THAT LAST NAME IS SPELLED?
A: Y-O-U-N-G-F-L-E-S-H.
Q: DID THERE COME A TIME WHEN THE TWO OF YOU ENTERED THE ACTUAL OFFICE AREA?
A: YES.
Q: WHAT DID YOU DO?
A: WE SET A TABLE, A TABLE THAT WE BROUGHT WITH US, IN FRONT OF THE BOOKCASE POINTING TO PICTURE D. WE PUT THE TABLE DIRECTLY IN FRONT OF IT WHERE WE COULD, WITH JUST ENOUGH ROOM TO GET BETWEEN THE TABLE WHERE THE COMPUTERS ARE ON AND THE TABLE WE BROUGHT.
WE THEN SET UP THE LUNCH BOXES, WHICH IS A SLANG FOR THE FIELD IMAGING KITS. WE SET THOSE COMPUTERS UP ON THE TABLE, AND THEN WE PROCEEDED TO DO OUR IMAGING.
Q: OKAY.
THE IMAGING PROCESS AGAIN, WHAT IS THAT?
A: THE IMAGING PROCESS IS WE WENT AND TOOK — I WENT AND TOOK THE HARD DRIVE. WELL, THERE ARE TWO COMPUTER — I’M SORRY — TO CENTRAL PROCESSING UNITS THAT WERE UNDERNEATH THE DESK AS SHOWN IN A. WE REMOVED THE COMPUTER, THE CENTRAL PROCESSING UNITS, AND FROM THOSE WE TOOK THE HARD DRIVES OUT, ATTACHED THE HARD DRIVES UP TO OUR COMPUTERS, AND MADE THE IMAGES.
Q: DOES THAT TAKE A PERIOD OF TIME?
A: IT TOOK ROUGHLY SEVERAL HOURS.
Q: WHY DOES IT TAKE SO LONG?
A: THE SIZE OF THE HARD DRIVES. IT JUST TAKES THAT LONG FOR THE COMPUTERS TO MAKE THE COPIES BECAUSE THEY TAKE EVERYTHING ON THE COMPUTER, EVEN AREAS THAT DON’T APPEAR TO HAVE DATA, MAYBE OLD, DELETED DATA, THAT SORT OF THING. IT DOES A BIT-FOR-BIT OR PHYSICAL IMAGE OF ALL THE DATA AREAS.
Q: NOW, I THINK YOU POINTED TO AT ONE POINT PHOTOGRAPH J ON EXHIBIT 102 AND SAID THAT THAT PHOTOGRAPH SHOWED AMONGST OTHER THINGS COMPACT DISKS.
A: YES.
Q: WHAT’S A COMPACT DISK?
A: COMPACT DISK IS A SMALL, PLASTIC DISK APPROXIMATELY FOUR AND A HALF INCHES IN DIAMETER. IT’S ROUND. IT’S VERY THIN. AND IT FITS INTO A READER OR A — I’M SORRY — A DRIVE THAT THESE COMPUTERS HAVE INSTALLED IN THEM. AND THEY CONTAIN DATA.
Q: ARE COMPACT DISKS ALSO KNOWN AS C.D.’S FOR SHORT?
A: THEY’RE KNOWN AS C.D.’S OR IN THESE CASES C.D.R.’S OR C. D. WRITE. WHICH MEANS YOU HAVE THE ABILITY TO WRITE ON THEM.
Q: LET’S GO BACK TO C.D., AND THEN WE WILL TALK ABOUT THAT A LITTLE BIT.
FIRST OF ALL, THERE ARE C.D.’S TO PLAY MUSIC IN STEREO EQUIPMENT.
A: RIGHT.
Q: ARE THESE SIMILAR OR DIFFERENT FROM THAT?
A: THESE ARE VERY SIMILAR WITH THE EXCEPTION THESE CAN BE RECORDED, TOO.
Q: YOU USED C.D. RECORDABLE, CORRECT?
A: YES.
Q: TELL US WHAT THAT IS.
A: A C.D. RECORDABLE IS A C.D. THAT’S MADE THAT IF YOU HAVE A C.D. RECORDING DEVICE OR A C.D. WRITER OR A C.D. BURNER, DEPENDING ON THE TERM YOU USE, YOU PUT THIS BLANK C.D. INTO THE RECORDER, AND THEN YOU CAN MOVE FILES OF ANY SORT ONTO THAT.
Q: CAN A C.D. BE USED, AND I’M TALKING ABOUT A C.D. THAT IS A RECORDABLE C.D., CAN IT BE USED TO STORE FILES ON IT?
A: YES.
Q: ALL RIGHT.
WE SEE IN — I’M SORRY — PHOTOGRAPH J, OFF TO THE FAR LEFT WHAT APPEAR TO BE THE LETTERS C.D. DASH R. IS THAT CORRECT?
A: YES.
Q: WHAT DOES THAT MEAN?
A: C.D. RECORDABLE. IT IS A CASE THAT HOLDS THE ACTUAL C.D.
Q: SOME OF US MAY USE C.D.’S TO RECEIVE NEW SOFTWARE LET’S SAY.
A: YES, SIR.
Q: IS THAT THE SAME OR DIFFERENT FROM A C.D. RECORDABLE?
A: YOUR COMMERCIAL C.D.’S ARE NOT WRITEABLE. YOU CAN’T ERASE THEM. YOU CAN’T RECORD OVER THEM. ONCE THEY’VE HAD THE DATA ON IT, IT’S PERMANENT. THE C.D.R.’S, WHEN YOU GET THEM, WHEN THEY ARE BLANK, YOU CAN ADD INFORMATION TO THEM.
Q: UNTIL WHAT? IS THERE A POINT WHERE YOU CAN’T ADD ANY MORE?
A: YES, THERE IS. YOU CAN — THERE IS A FUNCTION ON THE PROGRAM CALLED CLOSING THE SESSION. IF YOU WERE TO — LET’S SAY I WERE TO TAKE A C.D., ONE OF THE C.D. WRITEABLES, C.D., PUT IT IN MY C.D. BURNER, CLOSE IT, I CAN PUT A COUPLE OF FILES ON IT. AND IF I WANTED TO COME BACK LATER AND PUT MORE FILES ON IT, I WOULDN’T CLOSE IT OR LOCK IT. I WILL LEAVE IT OPEN. AND THEN LATER DOWN THE ROAD I COULD COME BACK AND PUT ADDITIONAL FILES ON IT. ONCE I HAVE CLOSED THE SESSION, I HAVE EFFECTIVELY LOCKED IT, AND IT CAN’T BE WRITTEN TO.
Q: NOW, IN PHOTOGRAPH J ARE THERE ANY THINGS IN ADDITION TO THE COMPACT DISKS?
A: YES, THERE ARE.
Q: WHAT?
A: THERE ARE THREE ZIP DISKS.
Q: OKAY.
WHAT’S A ZIP DISK?
A: A ZIP DISK IS A — IT’S A LITTLE PLASTIC CARTRIDGE. IT’S FATTER THAN A FLOPPY DISK THAT MOST PEOPLE ARE PROBABLY FAMILIAR WITH IN THE COMPUTERS. IT’S ABOUT THREE AND A HALF INCHES BY THREE AND A HALF INCHES SQUARE, AND IT HOLDS — IT’S THE SAME THING AS A FLOPPY DISK WHERE IT HOLDS INFORMATION. YOU CAN PUT FILES ONTO IT, TAKE FILES OFF OF IT. YOU CAN, YOU KNOW, AT YOUR LEISURE.
Q: HOW DOES IT DIFFER FROM A C.D.?
A: THE C.D. IS THESE ARE DESIGNED TO HAVE THE INFORMATION PUT ONTO THEM. ONCE THEY ARE ON, THEY ARE ON PERMANENTLY. A ZIP DISK INFORMATION CAN BE OR FILES CAN BE PLACED ON THE ZIP DISK. THEY CAN BE TAKEN OFF THE ZIP DISK. THEY CAN BE MODIFIED, CHANGED. IT’S JUST A VERY HANDY WAY OF MOVING FILES AROUND AND STORING FILES.
Q: I THINK YOU ALSO USED THE TERM FLOPPY DISK. WHAT IS THAT?
A: A FLOPPY DISK IS A SMALL, ABOUT TWO AND A HALF TO — ABOUT TWO-AND-A-HALF-INCH PLASTIC DISK THAT HOLD A MINIMAL AMOUNT OF INFORMATION. MOST COMPUTERS ARE EQUIPPED WITH THIS FLOPPY DISK. AND AGAIN IT’S THE SAME TYPE OF THING. YOU CAN PUT FILES ON THE FLOPPY DISK; YOU CAN DELETE THEM; YOU CAN MOVE THEM AROUND; AND YOU CAN MODIFY THEM.
Q: ARE THESE FLOPPY DISKS THE LITTLE ITEMS THAT WE ALL WITH COMPUTERS USED FOR YEARS TO SAVE DATA TO A LITTLE DISK TO BE ABLE TO MOVE IT SOMEWHERE ELSE?
A: YES, SIR.
Q: HAVE C.D.’S AND ZIP DISKS TAKEN THEIR PLACE IN ANY WAY?
A: AS THE FILES WE’RE WORKING WITH ARE GETTING LARGER AND LARGER, THERE’S A NEED TO HAVE LARGER PIECES OF MEDIA TO STORE INFORMATION ON. AND THE ZIP DISKS AND THE C.D. ROMS ARE FILLING THAT NEED.
Q: CAN PICTURES OR IMAGES BE STORED ON COMPUTERS?
A: YES.
Q: HOW DOES THAT WORK?
A: TO THE COMPUTER, YOU KNOW, A DIGITAL PHOTOGRAPH IS THE SAME AS ANY OTHER SORT OF FILE. THE COMPUTER YOU JUST OPEN ANY NUMBER OF DIFFERENT PROGRAMS. INTERNET — I’M SORRY — THE WINDOWS EXPLORER BEING THE MOST COMMON. THAT ALLOWS YOU TO MOVE FILES AROUND. AND YOU JUST MOVE THE FILES OVER TO THEM.
Q: I THINK WHAT I’M REALLY ASKING IS HOW CAN A PICTURE ACTUALLY BE SOMETHING YOU CAN STORE ON A COMPUTER.
A: I’M SORRY. A PICTURE YOU CAN TAKE A PICTURE BY USING A DIGITAL CAMERA WHICH WILL TAKE THE PICTURE AND CREATE A COMPUTER FILE WITH IT. YOU CAN ALSO SCAN ANY SORT OF A PHOTOGRAPH AND ONCE YOU’VE SCANNED IT, IT WILL TURN THAT INTO A COMPUTER FILE.
Q: AND IS THAT SOMETHING AT LEAST AS FAR AS ONCE IT’S A COMPUTER FILE THAT CAN BE STORED ON THESE VARIOUS C.D.’S, DISK ZIPS, FLOPPY DISKS, ET CETERA?
A: YES, SIR.
Q: OR ON A COMPUTER’S HARD DRIVE ITSELF?
A: YES.
Q: IS THAT WHAT’S KNOWN AS A DIGITAL IMAGE?
A: YES, IT IS.
Q: IS THE SAME TRUE FOR MOVIES; CAN THEY BE ALSO TURNED INTO A FORM THAT CAN BE STORED ON A COMPUTER?
A: YES, THEY CAN.
Q: TELL US HOW THAT IS.
A: TYPICALLY IT IS — YOU HAVE A DIGITAL CAMERA OR DIGITAL MOVIE CAMERA THAT WILL — ACTUALLY LOOKS LIKE A REGULAR MOVIE CAMERA, BUT INSTEAD OF STORING IT ON TAPE, IT STORES IT TO SOME SORT OF MEMORY, WHETHER IT’S A, YOU KNOW, INTERNAL MEMORY TO A COMPUTER HARD DRIVE, THAT SORT OF THING.
ANOTHER WAY WOULD BE IF YOU HAD A MOVIE, YOU CAN ACTUALLY USE THAT DEVICE THAT CONVERTS IT FROM, YOU KNOW, SAY A V.H.S. TAPE, YOU KNOW, VIDEOTAPE, OVER TO A COMPUTER HARD DRIVE.
Q: SO AT LEAST FOR COMPUTER PURPOSES ONE DOESN’T HAVE TO HAVE AN OLD-FASHIONED V.H.S. VIDEOTAPE OR ANY OF THE PREDECESSORS TO THAT, IS THAT RIGHT?
A: THAT IS CORRECT.
Q: NOW, AS FAR AS BOTH THESE DIGITAL IMAGES, I THINK YOU DESCRIBED THEY CAN BE KEPT AS FILES ON A COMPUTER, IS THAT RIGHT?
A: THAT IS CORRECT.
Q: AS WELL AS DIGITAL MOVIES, THEY CAN ALSO BE KEPT AS FILES.
A: YES.
Q: CAN THEY BE COPIED FROM ONE LOCATION TO ANOTHER?
A: YES.
Q: HOW?
A: AGAIN, EVERY, YOU KNOW, THE COMPUTERS ALL HAVE DIFFERENT OPERATING SYSTEMS, BUT EACH OPERATING SYSTEM SUCH AS WINDOWS HAS ABILITY TO JUST OPEN UP LIKE THE WINDOWS EXPLORER AND THEN JUST CLICK ON A FILE AND EITHER DRAG IT OR YOU CAN CLICK COPY OR ANY NUMBER OF WAYS. BUT COMPUTERS ARE DESIGNED TO MOVE FILES AROUND.
Q: SO CAN A COMPUTER, CAN A FILE, WHETHER IT’S AN IMAGE OR A MOVIE THAT’S IN DIGITAL FORM BE MOVED OR COPIED FROM ONE COMPUTER TO ANOTHER?
A: TO THE COMPUTER IT’S MERELY A FILE. THE COMPUTER DOESN’T REALLY CARE WHAT TYPE OF FILE IT IS. SO YES.
Q: CAN THEY BE COPIED FROM A COMPUTER TO A FLOPPY DISK?
A: YES, THEY CAN.
Q: WHAT ABOUT FROM A COMPUTER TO A C.D.?
A: IF YOU HAVE THE PROPER C.D. WRITER, THEN, YES, IT CAN.
Q: WHAT ABOUT FROM A COMPUTER TO A ZIP DISK?
A: IF YOU HAVE THE PROPER — IF YOU HAVE AN ACTUAL DISK, ZIP DISK DRIVE, THEN, YES, IT CAN.
Q: WHAT ABOUT THE REVERSE OF EACH OF THOSE EXAMPLES; CAN THOSE ALSO BE DONE AS WELL?
A: YES, SIR.
Q: CAN DIGITAL IMAGES BE DOWNLOADED FROM THE INTERNET?
A: YES, SIR.
Q: HOW DOES THAT WORK?
A: YOU GET ON THE INTERNET AND GO TO WHATEVER SITE YOU’RE INTERESTED IN. AND THEN IF IT’S A PICTURE, YOU MERELY HAVE TO PUT THE ARROW OF THE CURSOR OVER THAT PICTURE, CLICK ON THE RIGHT MOUSE BUTTON, LITTLE MENU THAT SAYS SAVE AS, YOU CLICK THE SAVE AS AND ASK WHERE YOU WOULD LIKE TO SAVE IT ON YOUR COMPUTER. VERY SIMPLE.
Q: CAN THAT ALSO BE DONE WITH DIGITAL MOVIES IF THEY ARE ON THE INTERNET?
A: YES.
Q: ONCE AN INTERNET IMAGE OR FILE IS DOWNLOADED, CAN THAT BE SAVED TO, LET’S SAY, THE HARD DRIVE OF A COMPUTER?
A: YES, SIR.
Q: OR TO A ZIP DISK?
A: YES.
Q: OR TO A COMPACT OR — I’M SORRY — COMPACT DISK OR C.D.?
A: IF THEY HAVE THE PROPER WRITER, YES, THEY CAN.
Q: OR TO A FLOPPY DISK?
A: YES.
Q: NOW, IN YOUR EXAMINATION OF THE OFFICE AND PERHAPS YOU COULD TELL US A LITTLE BIT MORE ABOUT HOW THE EXAMINATION PROCESS WENT ON IN THE OFFICE, I KNOW YOU’VE DESCRIBED MAKING IMAGES OF THE COMPUTERS THAT WERE THERE. WHAT ELSE DID YOU DO?
A: I DID THE IMAGES. I WAS — WELL, TYPICALLY WE’LL LOOK AROUND TO SEE IF THERE’S ANYTHING LIKE PASSWORDS. SOMETHING THAT MIGHT BE USEFUL DURING OUR EXAMINATION IN CASE WE COME IN FILES THAT ARE — HAVE — ARE PASSWORD-PROTECTED AND THAT SORT OF THING. SO SOMETIMES WE WILL LOOK AROUND FOR THAT SORT OF THING. WE WILL SEE IF THERE’S, OH, WE’LL TAKE A LOOK AND SEE WHAT TYPE OF EQUIPMENT THEY HAVE. WE MAY FIND AN EXOTIC FORM OF DISK DRIVER OR WE MAY FIND AN EXOTIC DISK IN WHICH CASE WE KNOW WE’VE GOT MORE TO LOOK FOR, SUCH AS WE FIND A DISK DRIVE, SAY A TAPE DRIVE, AND WE JUST FIND JUST A DRIVE, WE KNOW WE PROBABLY SHOULD LOOK OR TALK TO THE OFFICERS AT THE SCENE AND HAVE THEM LOOK AND SEE IF THERE ARE ANY TAPES THAT MIGHT CONTAIN DATA.
Q: WHAT’S A MODEM?
A: A MODEM IS AN ACCESS POINT FROM YOUR COMPUTER TO EITHER A TELEPHONE OR TO A CABLE.
Q: WHAT’S THE IDEA BEHIND HAVING A MODEM; WHAT DOES THAT DO?
A: THERE ARE A COUPLE OF DIFFERENT TYPES OF MODEM. YOU HAVE ONE MODEM THAT WILL JUST ALLOW YOUR COMPUTER TO INTERFACE WITH A TELEPHONE LINE. YOU CAN CALL UP INTERNET ACCESS. YOU CAN CALL UP A BULLETIN BOARD. THERE’S ALSO A CABLE MODEM WHICH ALLOWS YOU A HIGH-SPEED ACCESS TO THE INTERNET.
Q: DID YOU FIND ANY MODEMS INSIDE THE OFFICE THAT’S DEPICTED IN THE PHOTOGRAPHS IN EXHIBIT 102?
A: YES, I DID.
Q: FIRST OF ALL, IS IT LOCATED IN ONE OR MORE OF THE PHOTOGRAPHS?
A: IT IS LOCATED IN PHOTOGRAPH G AND IN PHOTOGRAPH H.
Q: COULD YOU INDICATE FOR THE JURY, PLEASE, WHERE THAT’S LOCATED.
A: CERTAINLY. ON G IT’S JUST BELOW THE TELEPHONE. I’M SORRY. THE TELEVISION SET. AND YOU CAN SEE THE SAME THING HERE ON H. IT’S BELOW THE TELEVISION.
Q: SO IT WOULD BE JUST TO THE LEFT OF OR IT WOULD BE TO THE LEFT SIDE OF PHOTOGRAPH H UNDERNEATH THAT WHAT APPEARS TO BE A SMALL T.V. SCREEN
A: YES, SIR.
Q: DID YOU EXAMINE THAT MODEM?
A: NOT AT LENGTH, NO.
Q: WERE YOU ABLE TO DETERMINE WHETHER OR NOT IT WAS, AND I THINK YOU USED THE TERM HIGH-SPEED MODEM?
A: IT APPEARS TO BE A HIGH-SPEED MODEM, YES, SIR.
Q: WHAT’S THE SIGNIFICANCE OF A HIGH-SPEED MODEM?
A: IT TRANSFERS FILES AT A MUCH GREATER SPEED THAN TELEPHONE, THAN A TELEPHONE LINE WOULD.
Q: DOES IT EVEN USE THE TELEPHONE?
A: NO, IT DOES NOT.
Q: HOW DOES IT WORK?
A: IT HOOKS UP TO THE — IN THIS CASE TO A CABLE SYSTEM. AND ONCE IT’S ONTO A CABLE SYSTEM, IT’S JUST AT A MUCH — AGAIN, THE CABLE SYSTEM IS A MUCH FASTER PIPELINE SO TO SPEAK TO THE INTERNET THAN A TELEPHONE LINE IS.
Q: THIS CABLE SYSTEM, IS THAT THE SAME, RELATED TO, OR NOT RELATED TO CABLE SYSTEMS THAT BRING TELEVISION INTO PEOPLE’S HOMES?
A: THEY ARE RELATED, YES, SIR.
Q: ARE THERE, AS FAR AS THAT, ONE CAN SUBSCRIBE TO AND THEN USE THESE CABLE-BASED HIGH-SPEED MODEM SYSTEMS?
A: YES, SIR.
Q: DO THESE HIGH-SPEED MODEMS THEN ALLOW ONE TO GET THINGS FROM THE INTERNET MORE QUICKLY THAN JUST USING A REGULAR TELEPHONE-STYLE MODEM?
A: YES, THEY DO.
IF I COULD GO BACK, TO BE HONEST, I DON’T RECALL WHETHER IT IS EITHER — IT WAS EITHER A CABLE OR A D.S.L. LINE, WHICH IS — I KNOW IT WAS A HIGH-SPEED INTERNET LINE. BUT SITTING HERE TRYING TO RECALL, I’M NOT SURE WHICH ONE IT IS. THE DIFFERENCE IS — IF I MAY?
Q: YES.
A: — IS A CABLE USES THE CABLE SERVICE. D.S.L. USES A SPECIAL PHONE LINE THAT’S HOOKED UP TO THE PHONE LINE. AGAIN, THEY ARE BOTH HIGH SPEED.
Q: SO THIS D.S.L. METHOD, IF IN FACT THAT’S WHAT IT WAS, THAT’S FROM A TELEPHONE COMPANY.
A: YES. IT WOULDN’T BE FROM THE PHONE COMPANY. IT’S FROM — I’M SORRY. HIGH-SPEED ACCESS COMPANY SUCH AS PAC BELL OFFERS IT. ANY NUMBER OF COMPANIES OFFER IT. BUT IT JUST RUNS THROUGH A TELEPHONE LINE.
Q: IS THIS SOMETHING THAT’S THE SAME OR DIFFERENT FROM A REGULAR TELEPHONE LINE THAT WE PUT INTO OUR TELEPHONES?
A: IT LOOKS LIKE AN OVERSIZED TELEPHONE LINE.
Q: NOW, DID YOU BECOME AWARE OR ARE YOU OTHERWISE FAMILIAR WITH THE LOCATION OF CERTAIN DISKS THAT WERE FOUND INSIDE THE OFFICE AREA OF THE RESIDENCE AS SHOWN IN EXHIBIT 102?
A: YES, I AM.
Q: ALL RIGHT.
FIRST OF ALL, ARE THEY DEPICTED IN ANY OF THE PHOTOGRAPHS THAT WE CAN SEE ON THIS EXHIBIT?
A: THEY WOULD BE IN ITEM J OR PHOTOGRAPH J.
Q: ALL RIGHT. LET’S TALK ABOUT PHOTOGRAPH J NOW AND MORE SPECIFICALLY CAN YOU DESCRIBE WHAT THAT CONSISTS OF.
A: IT CONSISTS OF TWO C.D. ROMS OR C.D.R.’S AND THREE ZIP DISKS.
Q: THERE APPEARS TO BE IN PHOTOGRAPH — FIRST OF ALL, ARE YOU FAMILIAR WITH — THAT IS, TO YOUR KNOWLEDGE, WHERE THE CONTENTS AS SHOWN IN PHOTOGRAPH J ON EXHIBIT 102 CAME FROM?
A: THEY CAME FROM THE BOOKSHELF DEPICTED ON PHOTOGRAPH F.
Q: ALL RIGHT.
YOU’VE POINTED NOW TO PHOTOGRAPH F IN PARTICULAR WHAT APPEARS TO BE A BOOKSHELF. IS THAT CORRECT?
A: YES, SIR.
Q: THERE ALSO APPEARS TO BE A YELLOW SIGN WITH THE NUMBER 12 ON IT. DO YOU SEE THAT IN PHOTOGRAPH F?
A: YES, SIR, I DO.
Q: IS THAT THE LOCATION FROM WHICH TO YOUR KNOWLEDGE THE ITEMS DEPICTED IN PHOTOGRAPH J CAME FROM?
A: YES, SIR.
Q: WERE YOU INVOLVED IN EXAMINING THE CONTENTS OF THOSE PARTICULAR ITEMS AS SHOWN IN PHOTOGRAPH J? I THINK YOU’VE DESCRIBED AS TWO C.D.’S AND THREE ZIP DISKS.
A: YES, SIR.
Q: TELL US ABOUT THE CIRCUMSTANCES OF THAT.
A: I EXAMINED THE — BACK AT THE LABORATORY, I EXAMINED THE CONTENTS OF THOSE FILES OR OF THOSE C.D.’S AND THE ZIP DISKS.
Q: ALL RIGHT.
PERHAPS WE SHOULD GO BACK TO WHEN YOU WERE ACTUALLY IN THE OFFICE DURING THE EARLY MORNING HOURS OF FEBRUARY 5TH. YOU MADE COPIES OF I THINK IT WAS HARD DRIVES OF THESE COMPUTERS.
A: YES, SIR.
Q: GENERALLY WHAT OCCURRED AFTER THAT?
A: WHILE WAITING FOR THE — WELL, AFTER THEY DISCOVERED THE C.D. ROMS AND THE ZIP DISKS, WE WENT AHEAD AND USED ONE OF THE COMPUTERS TO WHAT’S CALLED A PREVIEW, TO EXAMINE THEM TO SEE WHAT WAS ON THEM TO SEE IF THERE’S ANYTHING QUESTIONABLE OR ANYTHING THAT MIGHT LEAD TO THE WHEREABOUTS OF DANIELLE VAN DAM.
Q: ALL RIGHT.
YOU’VE USED A COUPLE OF TERMS. PREVIEW. WHAT DOES THAT MEAN?
A: PREVIEW, IT’S A TERM WE USE WHERE WE ARE ABLE TO LOOK AT THE PIECES OF MEDIA WITHOUT DOING ANY SORT OF RECORDING TO THEM, AND WE CAN LOOK AT THE CONTENTS OF THEM.
Q: ALL RIGHT.
AND YOU’VE ALSO USED THE TERM QUESTIONABLE. WHAT DO YOU MEAN BY QUESTIONABLE?
A: QUESTIONABLE IS KIND OF A BROAD TERM. IT’S USED PRIMARILY FOR THE AREA OF CHILD PORNOGRAPHY. WE’RE LOOKING AT IMAGES THAT WOULD BE OF SOME — SAY JUVENILES UNDER THE AGE OF EIGHTEEN. THAT’S QUESTIONABLE.
Q: ALL RIGHT.
WHEN YOU HAVE CONDUCTED THIS PREVIEW PROCESS, DID YOU OBSERVE ANY IMAGES THAT APPEARED TO BE QUESTIONABLE TO YOU?
A: YES.
Q: IN THE SEQUENCE OF EVENTS, WHAT OCCURRED NEXT?
A: ONCE WE DISCOVERED SOME QUESTIONABLE IMAGES, CONTACTED THE OFFICERS AT THE SCENE OR SOME DETECTIVES, GOT SERGEANT HOLMES, SHOWED THEM THE FILES. WE JUST DID REALLY A CURSORY EXAM. ONCE WE SAW ANYTHING QUESTIONABLE, WE WENT AHEAD AND STOPPED THE PREVIEW OF THAT PARTICULAR PIECE OF MEDIA AND SET IT ASIDE.
Q: FOR LATER EXAMINATION?
A: CORRECT.
SINCE WE HAD FOUND SOMETHING THAT WAS QUESTIONABLE, WE FELT IT BETTER TO TAKE IT BACK TO THE LABORATORY AND DO A MORE THOROUGH EXAMINATION THERE.
Q: ALL RIGHT.
DID YOU FINISH UP YOUR ACTIVITIES AT THE HOUSE, THEN, FOLLOWING THIS PREVIEW?
A: YES, SIR.
Q: WHAT DID YOU DO THEN?
A: ONCE WE FINISHED, WE MADE SURE THAT THE HOMICIDE DETECTIVES WERE AWARE OF THE LOCATION OF THE MEDIA. THEY WENT AHEAD AND IMPOUNDED IT PER SAN DIEGO P. D. POLICY, AND THEN WE LEFT.
Q: DID THERE COME A TIME WHEN YOU HAD THE OPPORTUNITY, THEN, TO VIEW THE CONTENTS AS SHOWN IN PHOTOGRAPH J ON EXHIBIT 102, THE TWO C.D.’S AND THREE ZIP DISKS, IN MORE DETAIL?
A: YES, SIR.
Q: WHEN DID THAT TAKE PLACE?
A: THAT TOOK PLACE SEVERAL DAYS LATER, WHEN THE MEDIA WAS BROUGHT TO THE LABORATORY.
Q: HOW DID YOU DO THAT?
A: ONCE AGAIN IMAGES ARE — COPIES OF MEDIA ARE MADE, AND THEN THE EXAMINATION IS DONE ON THE COPIES.
Q: ARE THERE METHODS BY WHICH FILES ARE KEPT, WHETHER IT’S ON A HARD DRIVE, A C.D., A ZIP DISK, AND SO FORTH?
A: I’M SORRY, I DON’T —
Q: SURE.
IS THERE A WAY TO ORGANIZE FILES, WHETHER IT’S ON A HARD DRIVE OF A COMPUTER OR THE VARIOUS TYPES OF DISKS THAT ONE CAN STORE THINGS ON?
A: YES, SIR.
Q: HOW?
A: BASICALLY — PROBABLY THE BEST WAY TO DESCRIBE IT IS THE PIECE OF MEDIA, THE HARD DRIVE, THE FLOPPY DISK, THE ZIP DISK IS PICTURE AS A FILE CABINET AND EACH FILE CABINET YOU’VE GOT SEVERAL DRAWERS OR FOLDERS AND EACH FOLDER CAN CONTAIN ADDITIONAL FOLDERS, AND THEY CAN CONTAIN FOLDERS INSIDE. SO IF YOU WANTED TO ORGANIZE SOMETHING, YOU COULD JUST HAVE SEVERAL FOLDERS INSIDE EACH DRAWER.
Q: DID YOU HAVE THE OPPORTUNITY TO VIEW THESE C.D.’S AND ZIP DISKS?
A: YES, I DID.
Q: WHEN DID THAT TAKE PLACE?
A: AGAIN TOOK PLACE SEVERAL DAYS AFTER THE — AFTER WE DID THE ON-SITE IMAGING.
THE COURT: MR. CLARKE, I WANT EVERYBODY IN THE ROOM, OPEN THOSE EYES. BREATHE. I THOUGHT D.N.A. WAS PUTTING YOU TO SLEEP, FOLKS, BUT THIS HAS GOT A COUPLE OF YOU HAVING A HARD, HARD TIME WITH THIS.
OKAY. THEY ARE BACK WITH YOU, MR. CLARKE.
MR. CLARKE: GREAT. THANK YOU, YOUR HONOR. JUST AS A PREVIEW, WE ARE PROBABLY JUST A FEW MINUTES AWAY FROM —
THE COURT: SETTING UP THE EQUIPMENT?
MR. CLARKE: EXACTLY, YES.
THE COURT: YOU’RE A FEW MINUTES AWAY FROM A STRETCH BREAK, LADIES AND GENTLEMEN, SO HANG IN THERE. THIS GOES TO SOME OF YOU IN THE AUDIENCE AS WELL.
BY MR. CLARKE:
Q: WERE YOU ABLE TO LOOK AT ALL THREE OF THE ZIP DISKS AND THE TWO C.D.’S IN ITEM 12?
A: YES, SIR, I WAS.
Q: CAN YOU TELL US ABOUT — WERE YOU ABLE TO VIEW ALL FIVE OF THOSE, BY THE WAY?
A: YES.
Q: CAN YOU TELL US ABOUT WHETHER OR NOT THE FILES WERE ORGANIZED INTO FOLDERS ON THOSE C.D.’S AND ZIP DISKS OR NOT?
A: THE PIECES OF MEDIA WERE VERY WELL ORGANIZED. THEY HAD FILES WITH NAMES AND SUBFOLDERS WITH NAMES, SUCH AS THERE WAS A FOLDER CARTOONS. UNDER CARTOONS ARE OTHER FOLDERS THAT HAD DESCRIPTIVE NAMES OF DIFFERENT TYPES OF CARTOONS.
MR. CLARKE: COULD I HAVE JUST A MOMENT, YOUR HONOR?
THE COURT: SURE.
(DISCUSSION OFF THE RECORD BETWEEN MR. CLARKE
AND MR. DUSEK.)
BY MR. CLARKE:
Q: IN YOUR VIEWING OF THOSE C.D.’S AND ZIP DISKS NOW, I THINK YOU SAID A FEW DAYS LATER OR SEVERAL DAYS LATER, WERE YOU ABLE TO VIEW ANY QUESTIONABLE IMAGES AS YOU’VE USED THAT TERM?
A: YES, SIR.
Q: WAS THAT TRUE ON ONE OR MORE OF THE C.D.’S?
A: THAT WAS TRUE ON SEVERAL OF THE — FROM A STILL STANDPOINT ON SEVERAL, TWO OF THE C.D.’S, AND TWO OF THE ZIP DISKS.
Q: NOW, YOU SAID THE WORD STILL. WHAT DOES THAT MEAN?
A: I’M SORRY. DIGITAL PHOTOGRAPHS.
Q: NOT A MOVIE?
A: NOT A MOVIE. WELL, BOTH ACTUALLY AS WELL AS MOVIES ON I BELIEVE IT WAS THE C.D. ROMS.
Q: THAT WAS GOING TO BE MY NEXT QUESTION. ON EITHER OF THE C.D.’S OR ANY OF THE ZIP DISKS, DID YOU VIEW ANY QUESTIONABLE MOVIES?
A: YES.
Q: DID ANY OF THOSE C.D.’S WITH QUESTIONABLE MOVIES HAVE ANY LABELS ON THEM? AND BY LABELS I’M NOT REFERRING TO A LABEL ON THE C.D. ITSELF, BUT THE ELECTRONIC LABEL.
A: ON TWO OF THE C.D.R.’S THERE WERE LABELS.
Q: OKAY.
WE BETTER DEFINE WHAT A LABEL IS.
A: WHAT A LABEL IS IS WHEN YOU RECORD SOMETHING WITH A C.D.R. AND YOU PUT THE RECORDABLE C.D. INTO YOUR RECORDER, AND YOU START, YOU TELL — YOU WANT TO RECORD CERTAIN FILES, THERE IS A LABEL WHICH BY JUST DEFAULT IS USUALLY THE DATE THAT YOU’RE CREATING THAT C.D. ROM. IN THIS CASE IF YOU WANT, YOU CAN CHANGE THAT LABEL TO ANYTHING YOU WANT. THAT WAY THE PURPOSE OF THIS IS WHEN YOU PUT THE C.D. ROM INTO A COMPUTER, WHEN YOU HAVE A LITTLE — BRING UP THE WINDOWS, THE WINDOWS EXPLORER, EACH DRIVE HAS — THERE’S A LITTLE DRIVE HAS A LETTER NEXT TO IT, THE NAME OF ONE OF THE LABELS WILL SHOW UP NEXT TO THAT DRIVE. THAT LITTLE ICON THAT SHOWS THE DRIVE FOR THE C.D. ROM DRIVE. THAT WAY YOU KNOW WHAT C.D. YOU HAVE IN THE PLAYER.
Q: SO IF THERE’S AN ELECTRONIC LABEL THAT’S DIFFERENT FROM THE DATE THAT ONE CREATES IT, DOES ONE ACTUALLY HAVE TO TYPE THAT IN?
A: YES.
Q: WITH RESPECT TO THESE QUESTIONABLE VIDEOS, DID EITHER OF THE C.D.’S HAVE A LABEL TYPED IN?
A: YES.
Q: TELL US ABOUT THAT.
A: THERE WERE TWO. EACH ONE HAD THE SAME LABEL, AND THE NAME OF IT WAS SPECTRUM, A SPACE, THEN A ZERO AND A ONE.
Q: WITH REGARD TO YOUR ACTIVITIES IN THE WESTERFIELD HOUSE, DID YOU FOR ANY REASON COME TO BE FAMILIAR WITH THE WORD SPECTRUM?
A: YES.
Q: WHY IS THAT?
A: THERE WERE SOME DIFFERENT I THINK THERE WAS A — SOME DIFFERENT MATERIALS THAT SPOKE OF A COMPANY CALLED SPECTRUM DESIGN. I WAS ALSO INFORMED THAT WAS THE NAME OF MR. WESTERFIELD’S BUSINESS.
Q: WITH REGARD TO VARIOUS OF THESE STILL IMAGES, AND I THINK YOU’VE DESCRIBED QUESTIONABLE MOVIES AS WELL, ARE THEY IN A FORMAT THAT WE CAN PLAY THEM IN COURT HERE?
A: YES, SIR, THEY ARE.
MR. CLARKE: ALL RIGHT.
THE COURT: ALL RIGHT.
LADIES AND GENTLEMEN, I THINK WE’VE COME TO A POINT WHERE ALL OF YOU NEED A NICE STRETCH BREAK. AND WE ARE GOING TO SET UP THE EQUIPMENT. SO WE ARE GOING TO GIVE YOU A LITTLE EXTRA TIME SO YOU CAN COME BACK WIDE-EYED AND BUSHY-TAILED.
PLEASE REMEMBER THE ADMONITION OF THE COURT NOT TO DISCUSS ANY OF THE EVIDENCE OR TESTIMONY AMONG YOURSELVES OR WITH ANY OTHER PERSONS NOR FORM OR EXPRESS ANY OPINIONS ON THE MATTER UNTIL IT’S SUBMITTED TO YOU FOR DECISION.
LET’S BE BACK OUTSIDE THE DOOR AT FIVE MINUTES TO 3:00. SO THAT WILL BE 2:55, PLEASE, FOLKS.
(THE JURY RECESSED AT 2:38 O’CLOCK, P.M.)
(THE FOLLOWING OCCURRED OUT OF THE PRESENCE OF
THE JURY:
THE COURT: ALL RIGHT. THE RECORD SHOULD REFLECT THE JURORS AND ALTERNATES HAVE LEFT THE COURTROOM. PLEASE KEEP IT DOWN, LADIES AND GENTLEMEN.
I HAVE RECEIVED TWO MEDIA REQUESTS, SO I AM GOING TO TAKE CARE OF THOSE RIGHT NOW. THE FIRST REQUEST IS RELATIVE TO MONDAY’S HEARING. THE ISSUES TO BE RESOLVED ON MONDAY DEAL WITH EVIDENTIARY ISSUES THAT MAY OR MAY NOT LEAD TO ADMISSIBLE EVIDENCE. AS A RESULT, MONDAY’S HEARING WILL BE CLOSED TO THE PUBLIC AND MEDIA.
IN ADDITION TO THAT, MY STAFF HAS FIELDED A NUMBER OF REQUESTS FOR COPIES OF THE COURT’S ORDER RELATIVE TO THE EXCLUSION OF AN INDIVIDUAL FROM THE COURT. THOSE WILL BE AVAILABLE BY CONTACTING MY COURT REPORTER.
WE WILL BE IN RECESS UNTIL FIVE MINUTES TO 3:00.
(END OF PROCEEDINGS OUT OF THE PRESENCE OF THE JURY.)
(RECESS, 2:39 O’CLOCK, P.M., TO 2:55 O’CLOCK, P.M.)
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