TRIAL DAY 13 – PART 4 – afternoon 2
SAN DIEGO, CALIFORNIA, TUESDAY, JUNE 25, 2002, (afternoon 2)
WITNESS:
James M. Watkins (Computer forensic examiner, testified about Westerfield’s hard drive, computer related items and content found on those items: images, videos etc.- Examination continued, cross-examination)
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
6310
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
6311
1
2
3
4 (AT 3:05 P.M. THE JURY ENTERED THE COURTROOM
AND THE FOLLOWING PROCEEDINGS WERE HAD:)
5
6 THE COURT: WELCOME BACK, LADIES AND GENTLEMEN.
7 IT’S INTERESTING, THE MEDIA HAS GIVEN UP THEIR
8 PRIME FRONT ROW SEATS TO MOVE INTO THE CORNER SO THEY CAN SEE
9 THE T.V. MONITOR. I WON’T COMMENT ON THAT MOVE.
10 ALL RIGHT. MR. CLARKE, YOU MAY PROCEED.
11 MR. CLARKE: THANK YOU, YOUR HONOR.
12 Q. MR. WATKINS, HAVE WE SET UP THIS MONITOR AND LAPTOP
13 SO THAT NOW VARIOUS OF THESE STILL IMAGES AND DIGITAL VIDEOS CAN
14 BE PLAYED TO THE JURY?
15 A. YES, SIR.
16 MR. CLARKE: ALL RIGHT. YOUR HONOR, WITH THE COURT’S
17 PERMISSION, THIS WILL BE DONE IN ABOUT FOUR OR FIVE SEGMENTS.
18 EACH SEGMENT I WILL ASK THAT THE LIGHTS BE DRAWN HALFWAY DOWN.
19 THE COURT: LET’S DESIGNATE THE DISK YOU ARE USING AS AN
20 EXHIBIT AND THEN PLEASE —
21 MR. CLARKE: WITH PRINTED VERSIONS OF THE STILL IMAGES
22 AND A VHS VIDEOTAPE.
23 THE COURT: ALL RIGHT. YOU CAN JUST DO THAT LATER THEN.
24 FINE.
25 MR. CLARKE: ALL RIGHT. FINE.
26 Q. MR. WATKINS, WITH REGARD TO THE VARIOUS IMAGES THAT
27 YOU FOUND ON THESE C. D.S AND ZIP DISKS, TO YOUR KNOWLEDGE, HAVE
28 THEY BEEN ARRANGED BY AN IDENTIFYING NUMBER AS TO WHICH C. D.?
6312
1 A. YES, SIR, THEY HAVE.
2 Q. OR ZIP DISK?
3 A. YES, SIR.
4 Q. TO YOUR KNOWLEDGE, ARE THE MOVIES AT THE END
5 PORTION OF THIS DEMONSTRATION?
6 A. YES.
7 Q. SO THAT AT LEAST THE FIRST PORTION DEALS WITH STILL
8 IMAGES THEMSELVES?
9 A. YES, SIR.
10 MR. CLARKE: YOUR HONOR, WITH THE COURT’S PERMISSION, CAN
11 WE LOWER THE LIGHT?
12 THE COURT: ALL RIGHT.
13 MR. CLARKE, YOU BETTER GET GOING BEFORE I GET IN
14 ANY MORE TROUBLE OVER HERE.
15 (STILL IMAGES BEING SHOWN TO THE JURY AND ALTERNATES.)
16 MR. CLARKE: ALL RIGHT.
17 Q. MR. WATKINS, THERE WERE A NUMBER OF STILL IMAGES
18 THAT WERE SHOWN ON THE SCREEN THERE. DID YOU SEE THOSE?
19 A. YES, SIR.
20 Q. ARE THOSE, IN FACT, ACCURATE IMAGES IN TERMS OF
21 WHAT WAS DISPLAYED FROM WHAT YOU FOUND ON THE C. D. THAT WAS
22 LABELED AT THE BEGINNING OF THAT PRESENTATION?
23 A. YES, SIR, IT IS.
24 Q. WAS THAT, IN FACT, ONE OF THE C. D.S THAT YOU
25 VIEWED AS A RESULT OR AFTER THEIR SEIZURE FROM THE OFFICE AREA
26 OF MR. WESTERFIELD’S RESIDENCE?
27 A. THAT WAS ONE OF THE ZIP DISKS, YES, SIR.
28 MR. CLARKE: ALL RIGHT. WITH THE COURT’S PERMISSION,
6313
1 YOUR HONOR, I’LL BE PLAYING THE NEXT ZIP DISK OR C. D.
2 THE COURT: ALL RIGHT.
3 (STILL IMAGES BEING SHOWN TO JURY AND ALTERNATES.)
4
5 BY MR. CLARKE:
6 Q. ALL RIGHT. MR. WATKINS, DID THE VARIOUS IMAGES
7 THAT WE’VE JUST SEEN ACCURATELY DEPICT THOSE IMAGES SEIZED FROM
8 ONE OF THE ZIP DISKS THAT WAS TAKEN FROM MR. WESTERFIELD’S
9 OFFICE?
10 A. YES, SIR.
11 Q. THERE APPEAR TO BE ANIMATED OR CARTOON TYPE IMAGES;
12 IS THAT CORRECT, IN THIS GROUP?
13 A. YES, SIR.
14 Q. IS THERE A NAME FOR THOSE IN YOUR PARTICULAR LINE
15 OF WORK?
16 A. OH, ONE OF THE NAMES WE HEAR IT REFERRED TO IS
17 ANIME’.
18 Q. COULD YOU SPELL THAT?
19 A. A-N-I-M-I-E, I BELIEVE.
20 Q. WHAT DOES THAT MEAN OR REFER TO?
21 A. ANIMATED OR ANIMATION.
22 MR. CLARKE: ALL RIGHT. YOUR HONOR, WITH THE COURT’S
23 PERMISSION, I’LL BEGIN THE NEXT SEGMENT.
24 THE COURT: ALL RIGHT.
25 (STILL IMAGES BEING PLAYED FOR THE JURY AND ALTERNATES.)
26
27 BY MR. CLARKE:
28 Q. MR. WATKINS, THERE APPEARED TO BE I THINK THREE OR
6314
1 SO IMAGES THAT WERE PORTRAYED THERE. DID THOSE ACCURATELY
2 DEPICT THOSE IMAGES THAT YOU OBTAINED FROM — I THINK THIS IS
3 ONE OF THE C. D.S FROM EXHIBIT NO. 12 FROM THE OFFICE?
4 A. YES, SIR.
5 Q. DID THIS SIMILARLY HAVE ANIME’ TIME IMAGES ON THEM?
6 A. YES, SIR.
7 MR. CLARKE: ALL RIGHT. AND YOUR HONOR, I BELIEVE THE
8 MOVIES START NOW, SO WITH THE COURT’S PERMISSION, I’LL PLAY THIS
9 SEGMENT.
10 THE COURT: ALL RIGHT. HOW MANY SEGMENTS WILL THERE BE,
11 MR. CLARKE?
12 MR. CLARKE: I BELIEVE TWO.
13 THE COURT: ALL RIGHT. THANK YOU.
14 MR. CLARKE: I’M SORRY. I THINK THERE’S THREE.
15 THE COURT: ALL RIGHT.
16 (MOVIE SEGMENTS SHOWN TO JURY AND ALTERNATES.)
17
18 BY MR. CLARKE:
19 Q. MR. WATKINS, WE SAW WHAT APPEARED TO BE A MOVIE, IS
20 THAT RIGHT, ON THIS PARTICULAR C. D.?
21 A. YES, SIR.
22 Q. AT THE TIME THAT YOU WERE ABLE TO SEIZE THAT — I’M
23 SORRY.
24 PERHAPS WE COULD HAVE THE LIGHTS, YOUR HONOR?
25 THE COURT: ALL RIGHT.
26 MR. CLARKE, CAN OPHELIA MOVE BACK INTO POSITION?
27 MR. CLARKE: YES, ACTUALLY, AND IF WE COULD, WITH THE
28 COURT’S PERMISSION, DISASSEMBLE?
6315
1 THE COURT: OH, ALL RIGHT.
2 (PAUSE)
3 THE COURT: OKAY, MR. CLARKE.
4 MR. CLARKE: THANK YOU, YOUR HONOR.
5 Q. MR. WATKINS, WITH REGARD TO ALL OF THOSE VIDEOS,
6 WHAT WAS SHOWN ON THE MONITOR ACCURATELY PORTRAY WHAT YOU
7 OBSERVED WHEN YOU OBTAINED THOSE I BELIEVE C. D.S IN THE CASE OF
8 THE VIDEOS FROM ITEM NUMBER 128 FROM MR. WESTERFIELD’S OFFICE?
9 A. YES, SIR.
10 (MARKED FOR ID: = TRIAL EX.138, SERIES OF IMAGES)
11 (MARKED FOR ID: = TRIAL EX. 139, VHS TAPE OF IMAGES)
12 Q. ALL RIGHT.
13 YOUR HONOR, I BELIEVE I’VE EITHER HAD MARKED OR
14 WILL HAVE MARKED TWO EXHIBITS;
15 FIRST OF WHICH CAN BE DESCRIBED AS EXHIBIT 138,
16 WHAT APPEARS TO BE A SERIES OF PRINTED PAGES.
17 A. YES, SIR.
18 Q. ONE OF WHICH ON THE FRONT PAGE IS LABELED C. D.
19 16327 AND THEN WITH A SERIES OF IMAGES; IS THAT CORRECT, MR.
20 WATKINS?
21 A. YES, SIR, IT IS.
22 Q. DOES THAT PACKET APPEAR TO HAVE PRINTED VERSIONS OF
23 EACH OF THE STILL IMAGES THAT WERE JUST DISPLAYED TO THE JURY?
24 A. YES, SIR, IT DOES.
25 MR. CLARKE: YOUR HONOR, I’VE HAD MARKED AS EXHIBIT 139
26 WHAT APPEARS TO BE A VHS VIDEOTAPE.
27 Q. AND MR. WATKINS, HAVE YOU HAD AN OPPORTUNITY TO
28 VIEW THIS PARTICULAR VIDEOTAPE, WHAT’S BEEN MARKED EXHIBIT 139,
6316
1 PRIOR TO YOUR TESTIMONY TODAY?
2 A. YES, SIR, I HAVE.
3 Q. DOES THAT APPEAR TO CONTAIN AT LEAST VIDEO-TAPED
4 VERSIONS OF EACH OF THE FILMS, OR MOVIES RATHER, THAT WERE SHOWN
5 ON THE MONITOR IN FRONT OF THE JURY AT LEAST A FEW MINUTES AGO?
6 A. YES, SIR, IT DOES.
7 MR. CLARKE: MAY I HAVE JUST A MOMENT, YOUR HONOR?
8 THE COURT: SURE.
9 MR. CLARKE: YOUR HONOR, I HAVE A ONE-PAGE DOCUMENT I’D
10 ASK BE MARKED AS PEOPLE’S NEXT IN ORDER.
11 THE COURT: 140.
12 (MARKED FOR ID: = TRIAL EX. 140, DIRECTIONS TO GLAMIS)
13 MR. CLARKE: THANK YOU. IT’S DESCRIBED AS A EIGHT AND A
14 HALF BY ELEVEN SINGLE PAGE “DIRECTIONS TO GLAMIS.”
15 Q. MR. WATKINS, I’D LIKE TO SHOW YOU WHAT’S BEEN
16 MARKED EXHIBIT 140 AND ASK IF YOU IDENTIFY — I’M SORRY, IF THAT
17 APPEARS FAMILIAR TO YOU?
18 A. YES, SIR, IT DOES.
19 Q. WHAT IS IT?
20 A. IT IS A DOCUMENT THAT I RECOVERED FROM ACTUALLY
21 EACH OF THE COMPUTERS IN THE OFFICE. THIS DOCUMENT WAS ON THERE
22 AND IT’S — THE FILE NAME IS “GLAMIS. PERIOD. DOC, D-O-C.
23 Q. SO THAT WAS ACTUALLY — WELL, EXHIBIT 140 IS A
24 PRINTED VERSION OF A COMPUTER FILE YOU FOUND ON ONE OF THE
25 COMPUTERS IN THE OFFICE?
26 A. ACTUALLY ON BOTH OF THE COMPUTERS.
27 Q. SO THE SAME DOCUMENT WAS ON BOTH OF THE COMPUTERS
28 IN THE OFFICE?
6317
1 A. YES, SIR. THAT IS CORRECT.
2 Q. WAS THIS A FILE THAT YOU WERE ULTIMATELY ABLE TO
3 OBTAIN AND VIEW FROM YOUR — I THINK YOU CALLED IT IMAGING
4 PROCESS OF THE HARD DRIVES?
5 A. YES, SIR, FROM MY EXAMINATION OF THE IMAGE, YES,
6 SIR.
7 Q. DOES IT APPEAR TO CONTAIN INFORMATION ON HOW TO GET
8 TO THE GLAMIS AREA?
9 A. YES, SIR.
10 MR. CLARKE: ALL RIGHT. THANK YOU.
11 I HAVE NO MORE QUESTIONS, YOUR HONOR.
12 THE COURT: ALL RIGHT. CROSS-EXAMINATION.
13
14 CROSS-EXAMINATION +
15 BY MR. FELDMAN:
16 Q. ON THAT 140 DOES IT TALK ABOUT DIRECTIONS TO GLAMIS
17 IN A MOTOR HOME?
18 A. GOOD AFTERNOON, MR. FELDMAN.
19 Q. I’M SORRY. MR. WATKINS, WE’VE MET BEFORE, IS THAT
20 RIGHT?
21 A. YES.
22 Q. YOU’VE ALLOWED ME IN YOUR LAB?
23 A. YES, SIR.
24 Q. YOU’VE ALLOWED MS. JONES TO COME TO YOUR LAB?
25 A. YES, SIR.
26 Q. SORRY I JUMPED UP.
27 WITH REGARD TO THE — SORRY, MR. WATKINS.
28 DIRECTING YOUR ATTENTION TO 140, DOESN’T TALK ABOUT
6318
1 A MOTOR HOME, DOES IT, IN TERMS OF DRIVING IN A MOTOR HOME?
2 A. NO, SIR, IT DOES NOT.
3 Q. IT SPECIFICALLY INDICATES A PLACE TO LOOK FOR
4 DAVID’S MOTOR HOME; ISN’T THAT CORRECT?
5 A. YES, SIR. THAT IS CORRECT.
6 Q. AND THAT CAME FROM THE COMPUTER; IS THAT CORRECT?
7 A. YES, SIR.
8 Q. DIRECTING YOUR ATTENTION TO THE BOARD BEHIND YOU, I
9 JUST SAID IT CAME FROM THE COMPUTER. HOW MANY COMPUTERS CAN YOU
10 TELL US ARE IN 102, SIR?
11 A. 102?
12 Q. I’M SORRY, THAT’S THE EXHIBIT RIGHT BEHIND YOU.
13 A. OH, I’M SORRY. THERE ARE — ON THE EXHIBIT HERE
14 THERE ARE TWO COMPUTERS.
15 Q. AND HOW MANY COMPUTERS DID YOU FIND IN MR.
16 WESTERFIELD’S RESIDENCE?
17 A. THERE WERE THE TWO COMPUTERS IN THE OFFICE. ONE
18 COMPUTER IN ONE OF THE BEDROOMS, A FOURTH COMPUTER, WHICH WAS A
19 LAPTOP THAT WAS BROUGHT TO ME BY LIEUTENANT DUNCAN. I DON’T
20 KNOW WHERE IT WAS RETRIEVED FROM, AND A PALM PILOT ALSO BROUGHT
21 TO ME BY LIEUTENANT DUNCAN.
22 Q. YOU CONSIDER A PALM PILOT KIND OF EQUIVALENT OF A
23 COMPUTER?
24 A. YES, SIR.
25 Q. INDEPENDENT OF THE PALM — WELL, WERE THERE — LET
26 ME JUST DO SOME DEFINING HERE FOR A MINUTE.
27 WITH REGARD TO THE MOVIE IMAGES THAT WERE JUST
28 PLAYED, THOSE ARE CALLED MPEGS, AREN’T THEY?
6319
1 A. SEVERAL OF THEM WERE MPEGS AND I THINK THERE WAS
2 ONE WHICH WAS AN AVI.
3 Q. OKAY. SO WHEN YOU, A COMPUTER FORENSIC EXPERT, ARE
4 GOING THROUGH A COMPUTER, YOU’RE LOOKING FOR FILES THAT ARE
5 CALLED EXTENSIONS, AREN’T THEY?
6 A. YES, SIR. THAT IS CORRECT.
7 Q. I SHOULD DO IT THIS WAY, I’M SORRY.
8 (MARKED FOR ID: = TRIAL EX. 141, SHEET OF PAPER)
9 THE COURT: ALL RIGHT. THE SHEET WILL BE 141 FOR
10 IDENTIFICATION.
11 MR. FELDMAN: THANK YOU, YOUR HONOR.
12 IT’S GETTING HARDER AND I’M GETTING SHORTER.
13 THE WITNESS: I KNOW THAT FEELING, SIR.
14 MR. FELDMAN: YOUR HONOR, FOR THE RECORD, ON THE BLANK
15 PIECE OF PAPER I’VE PLACED AN EXHIBIT TAG THAT’S 144.
16 THE COURT: IT SHOULD BE 141.
17 MR. FELDMAN: MAYBE IT IS AND I JUST MISREAD IT. I’M
18 SORRY, IT DOES APPEAR TO BE 141, YOUR HONOR.
19 THE COURT: ALL RIGHT, THANK YOU.
20
21 BY MR. FELDMAN:
22 Q. I’M GOING TO LABEL THIS “EXTENSIONS.” I THINK I
23 WANT TO DIVIDE IT INTO MOVIES AND STILLS.
24 FIRST, WITH REGARD TO THE COMPUTER FILING SYSTEM,
25 WHETHER IT’S I GUESS WINDOWS OR DOS, WHEN YOU CREATE A FILE YOU
26 CAN NAME IT WHATEVER YOU WANT TO NAME IT, BUT THERE’S SOMETHING
27 THAT’S CALLED AN EXTENSION, IS THAT RIGHT?
28 A. YES, SIR. THAT IS CORRECT.
6320
1 Q. WHAT’S AN EXTENSION?
2 A. AN EXTENSION IS A DESCRIPTOR OF THE FILE. FOR
3 EXAMPLE, IF I WERE TO WRITE — I’LL SLOW DOWN. IF I WERE TO
4 WRITE A LETTER, I WERE TO NAME IT LETTER PERIOD OR DOT TXT, THE
5 “TXT” IS THAT THREE LETTER EXTENSION AFTER THE PERIOD THAT
6 STANDS FOR TEXT. THE WORD “LETTER” IS THE NAME OF THE DOCUMENT.
7 AND AGAIN, A THREE LETTER EXTENSION IS JUST DESCRIPTIVE OF THE
8 TYPE OF FILE.
9 Q. THE JURY JUST SAW SOMETHING THAT LOOKED LIKE BLURTS
10 OF MOVIES, SEGMENTS OF A MOVIE; IS THAT RIGHT?
11 A. YES, SIR.
12 Q. THESE ARE REFERRED TO AS DOT MPG; IS THAT CORRECT?
13 A. MPG, MPEG, BOTH.
14 Q. ALSO THEY’RE REFERRED AS AVIS; IS THAT CORRECT,
15 A-V-I?
16 A. YES, SIR.
17 Q. THEY’RE ALSO REFERRED TO AS DOT MOV; IS THAT
18 CORRECT?
19 A. YES, SIR.
20 Q. WITH REGARD TO THE STILLS, THEY’RE CALLED JPEGS,
21 AREN’T THEY?
22 A. YES, SIR.
23 Q. AND THAT’S A “J”. CAN YOU TELL THAT THAT’S A “J”?
24 A. YES, SIR.
25 Q. IT’S ALSO ABBREVIATED JPEG; IS THAT CORRECT?
26 A. YES, SIR.
27 Q. AND THERE’S ALSO SOMETHING CALLED A GIF OR GIF?
28 A. YES, SIR.
6321
1 Q. WHAT ELSE ARE THERE THAT REFLECT STILLS, IF
2 ANYTHING?
3 A. THOSE ARE THE MOST COMMON ONES THAT WE SEE. YOU
4 CAN HAVE, YOU KNOW, BMPS. THERE’S SEVERAL OTHERS.
5 Q. SO AS PART OF YOUR FORENSIC WORK, WHEN YOU TOLD THE
6 JURY THAT YOU DID A SCREENING, YOU HAVE A COMPUTER PROGRAM THAT
7 ALLOWS YOU TO SEARCH THE MEMORY OF THE COMPUTER TO TRY AND
8 IDENTIFY THESE EXTENSIONS; IS THAT CORRECT?
9 A. IT ACTUALLY LOOKS FOR MORE THAN JUST THE EXTENSION.
10 THERE’S A PIECE OF CODE AT THE BEGINNING OF EACH FILE CALLED A
11 HEADER, AND THE HEADER ACTUALLY TELLS THE COMPUTER WHAT TYPE OF
12 FILE IT IS. SUCH AS AN EXTENSION TELLS ME, THE USER, WHAT FILE
13 IT’S SUPPOSED TO BE, THE HEADER TELLS THE COMPUTER WHAT IT IS.
14 I CAN CHANGE AN EXTENSION TO ANY EXTENSION I WANT.
15 THE COMPUTER IS STILL GOING TO EE THAT HEADER AND WILL KNOW WHAT
16 TYPE OF FILE IT IS.
17 Q. THE POINT I’M TRYING TO COMMUNICATE, THOUGH, IS
18 WITH REGARD TO FIRST THE MOVIES, THEY WERE EITHER MPEGS OR AVIS,
19 CORRECT?
20 A. YES, SIR.
21 Q. WITH REGARD TO THE STILLS, THEY WERE EITHER JPEGS,
22 GIFS OR BMP FILES, IS THAT RIGHT?
23 A. BMPS OR ANY NUMBER OF GRAPHIC IMAGES.
24 Q. NOW HOW MANY GRAPHIC IMAGES — PART OF YOUR JOB WAS
25 TO DETERMINE THE CONTENT OF THE COMPUTERS, IS THAT RIGHT, SIR?
26 A. YES, SIR.
27 Q. HOW MANY IMAGES DID YOU FIND? FIRST YOU TOLD US —
28 I’M SORRY — THERE WERE TWO COMPUTERS IN THE OFFICE, AS YOU PUT
6322
1 IT?
2 A. THAT IS CORRECT.
3 Q. ARE THEY — IS ONE A GATEWAY, IS ONE A DEL? WHAT
4 KIND OF COMPUTERS ARE THEY?
5 A. IN THE OFFICE THE TWO COMPUTERS WERE, I BELIEVE,
6 HEWLITT PACKARDS. THE COMPUTER IN THE BEDROOM WAS A GATEWAY.
7 THE LAPTOP WAS ALSO A GATEWAY.
8 Q. OKAY. SO WITH REGARD TO THE COMPUTERS IN THE
9 OFFICE, THE H. P. COMPUTERS, DID YOU DO A SEARCH OF THOSE
10 COMPUTERS TO DETERMINE HOW MANY STILLS, JPEGS, GIFS, WHATEVER
11 WERE IN THERE?
12 A. I EXAMINED ALL THE COMPUTERS AND — FOR A TOTAL FOR
13 ALL THE COMPUTERS.
14 Q. A TOTAL OF WHAT, SIR?
15 A. OF GRAPHIC IMAGE FILES WHICH WOULD INCLUDE ALL OF
16 THE ABOVE.
17 Q. OKAY.
18 HOW MANY GRAPHIC IMAGE FILES DID YOU FIND?
19 A. APPROXIMATELY ABOUT A HUNDRED THOUSAND.
20 Q. A HUNDRED THOUSAND? WAS THAT IN ALL THE COMPUTERS?
21 A. YES, SIR.
22 Q. AND DID THAT INCLUDE ONLY NUDES?
23 A. NO, SIR. THAT DID NOT, NO, SIR.
24 Q. OH. HOW MANY NUDES DID IT INCLUDE?
25 A. I WOULD SAY BETWEEN EIGHT- AND 10,000.
26 Q. YOU’RE ESTIMATING THAT, IS THAT CORRECT?
27 A. YES, SIR, I AM.
28 Q. SO THERE WAS A TOTAL OF BETWEEN EIGHT- AND 10,000
6323
1 NUDES, AND THAT INCLUDED THE LOOKS LIKE ABOUT 17 STILLS THAT THE
2 JURY JUST SAW; IS THAT RIGHT?
3 A. YES, SIR.
4 Q. SO APPARENTLY CALLED OUT OF A HUNDRED THOUSAND YOU
5 IDENTIFIED DOWN EIGHT- TO 10,000, AND THEN OF THE EIGHT- TO
6 10,000 YOU SPOTTED 14 OR SO THAT THE JURY JUST SAW?
7 A. YES, SIR.
8 Q. AND WITH REGARD TO MPEGS, WERE YOU ABLE TO
9 DETERMINE HOW MANY MPEGS THERE MIGHT HAVE BEEN?
10 A. THERE —
11 Q. I’M SORRY, SIR — OR AVIS OR ANY VARIATION?
12 A. I DETERMINED THERE WERE SEVERAL HUNDRED OF THE
13 DIGITAL MOVIES.
14 Q. DID YOU LOOK AT THE DIGITAL MOVIES?
15 A. YES, SIR. I WENT THROUGH MOST OF THEM.
16 Q. AND DID YOU NOTICE THAT MOST OF THEM THERE WAS KIND
17 OF A COMMON THEME?
18 A. YES, SIR.
19 Q. THE COMMON THEME SEEMED TO BE INTERCOURSE WITH
20 MATURE WOMAN — WOMEN, DIDN’T IT?
21 MR. DUSEK: OBJECTION, BEST EVIDENCE.
22 THE COURT: WELL, I’M GOING TO ALLOW IT BECAUSE WE ARE
23 GOING TO NEED TO DISCUSS THIS MATTER.
24 YOU MAY ANSWER THAT, SIR.
25 THE WITNESS: THANK YOU. YES, SIR.
26
27 BY MR. FELDMAN:
28 Q. IN FACT, MOST OF THE MOVIES, VIRTUALLY ALL THE
6324
1 MOVIES WITH A COUPLE OF RARE EXCEPTIONS INVOLVED ADULTS ENGAGED
2 IN VARIOUS CONSENSUAL SEX ACTS, IS THAT RIGHT?
3 MR. CLARKE: OBJECTION, ARGUMENTATIVE AS PHRASED.
4 THE COURT: YOU CAN REPHRASE IT AND I’LL ALLOW IT.
5 SUSTAINED.
6
7 BY MR. FELDMAN:
8 Q. OF THE EIGHT- TO 10,000 — NO, FIRST OF THE MOVIES.
9 MOST OF THE MOVIES, VIRTUALLY ALL OF THE MOVIES DEPICTED ADULTS
10 ENGAGED IN VARIOUS CONSENSUAL SEX ACTS?
11 A. YES, SIR.
12 Q. WITH REGARD TO THE EIGHT- TO 10,000 STILL IMAGES,
13 JPEGS, GIFS, WHATEVER, THERE WAS A THEME TO THOSE, TOO, RIGHT?
14 A. YES, SIR.
15 Q. AGAIN, WITH REGARD TO THE STILLS, ADULTS, CORRECT?
16 A. MOST OF THEM, YES, SIR.
17 Q. LARGE BREASTED WOMEN, CORRECT?
18 MR. DUSEK: BEST EVIDENCE, YOUR HONOR. LET’S LOOK.
19 THE COURT: OVERRULED. WE ARE GOING TO BE DISCUSSING
20 THIS I SUSPECT AT LENGTH.
21 YOU MAY ANSWER.
22 THE WITNESS: I’M SORRY. COULD YOU REPEAT THE QUESTION,
23 SIR?
24 MR. FELDMAN: SURE. CAN I ASK FOR IT READ BACK PLEASE?
25 (RECORD READ)
26 THE WITNESS: I WOULDN’T BE ABLE TO SAY THE ACTUAL
27 PERCENTAGE. I KNOW THERE WERE A LARGE AMOUNT OF THOSE.
28 ///
6325
1 BY MR. FELDMAN:
2 Q. A LARGE AMOUNT OF THOSE MEANING A LARGE AMOUNT OF
3 PICTURES OF LARGE BREASTED WOMEN, CORRECT?
4 A. YES, SIR.
5 Q. SIMILAR WITH REGARD TO THE MOVIES, THE MOVIES
6 CONTAINED A LARGE AMOUNT OF LARGE BREASTED WOMEN; ISN’T THAT
7 TRUE?
8 A. AGAIN, THERE WERE QUITE A FEW OF THOSE, YES, SIR.
9 Q. YOUR COMPUTER CAPABILITIES ALLOW YOU TO IDENTIFY,
10 DO THEY NOT, WHETHER OR NOT A FILE HAS BEEN ERASED FROM A HARD
11 DRIVE?
12 A. YES, SIR.
13 Q. IS THERE SOMETHING CALLED ALLOCATED SPACE?
14 A. YES, SIR.
15 Q. AND IS THERE SOMETHING CALLED UNALLOCATED SPACE?
16 A. YES, SIR.
17 Q. CAN YOU PLEASE TELL THE JURY?
18 A. CERTAINLY.
19 WHEN YOU TURN YOUR COMPUTER ON AND YOU BRING UP,
20 SAY, A FILE MANAGER PROGRAM, LIKE THE WINDOWS EXPLORER, AND YOU
21 SEE THE FILES — YOU SEE THE FILE NAMES, THOSE ARE ALL ALLOCATED
22 FILES. THOSE ARE FILES THAT YOU CAN LOOK AT, MANIPULATE, SAVE,
23 VIEW, DO WHATEVER.
24 ONCE YOU DELETED THAT FILE AND YOU NO LONGER SEE
25 IT, IT GOES TO KIND OF AN AREA OF THE COMPUTER CALLED
26 UNALLOCATED SPACE, WHICH JUST MEANS THE AREA IT’S IN IS NO
27 LONGER ALLOCATED FOR THAT PARTICULAR FILE. JUST A FANCY WORD
28 FOR SAYING DELETED FILES.
6326
1 Q. BUT YOU HAVE THE ABILITY, DON’T YOU, TO RECOVER
2 DELETED FILES?
3 A. YES, SIR.
4 Q. AND THERE’S A SERIES OF PROGRAMS, OR A SINGULAR
5 PROGRAM OR WHATEVER, THAT YOU HAVE THE TECHNOLOGY TO UTILIZE
6 THAT CAN RECOVER THE PROGRAMS, CORRECT? I’M SORRY, THE DELETED
7 FILES?
8 A. YES, SIR.
9 Q. SO THAT MEANS IF I TAKE MY COMPUTER AND I CAN HIT
10 THE WRONG BUTTON AND DELETE IT, IF I GO TO YOU YOU CAN HELP ME
11 RECOVER THAT FILE, CORRECT?
12 A. YES, SIR. THAT’S CORRECT.
13 Q. ON THE OTHER HAND, IN THIS CASE YOU COULD
14 SPECIFICALLY IDENTIFY, FOR INSTANCE, WHETHER OR NOT OH, AT 4:07
15 IN THE AFTERNOON ON FEBRUARY THE 4TH SOMEBODY WAS ON THE
16 COMPUTER?
17 A. I’M SORRY. THE TWO DON’T EQUATE.
18 Q. I’M ASKING YOU WHETHER OR NOT, IF YOU EXAMINED THE
19 COMPUTERS YOU COULD TELL ME WHETHER OR NOT ON FEBRUARY THE 4TH,
20 WHEN DAVID WESTERFIELD WAS DOWNTOWN SPEAKING TO PAUL REDDEN,
21 WHETHER THERE WAS SOMEONE USING THE COMPUTER.
22 MR. DUSEK: OBJECTION, MISSTATES THE EVIDENCE.
23 THE COURT: OVERRULED. DOES IT HAVE THAT CAPABILITY?
24 YOU MAY ANSWER.
25 THE WITNESS: YES. IT WOULD HAVE CAPABILITY TO SAY A
26 FILE WAS BEING ACCESSED AT THAT TIME.
27
28 ///
6327
1 BY MR. FELDMAN:
2 Q. WERE YOU ACCESSING FILES AT 4:07 P.M., SIR, ON
3 FEBRUARY THE 4TH?
4 MR. CLARKE: OBJECTION, RELEVANCE OR VAGUE.
5 THE COURT: SUSTAINED.
6 REPHRASE IT.
7
8 BY MR. FELDMAN:
9 Q. SPECIFICALLY DIRECTING YOUR ATTENTION TO THE 4TH OF
10 FEBRUARY, SIR, AND MORE SPECIFICALLY DIRECTING YOUR ATTENTION TO
11 THE TIME PERIOD BETWEEN 4:00 P.M. AND 5:00 P.M., WERE YOU
12 UTILIZING ANY OF MR. WESTERFIELD’S COMPUTERS?
13 A. NO, SIR. I WAS AT MY LABORATORY.
14 Q. YOU TOLD US THAT YOU HAD THE CAPABILITY TO IDENTIFY
15 PASSWORDS, IS THAT RIGHT?
16 A. WE WILL LOOK FOR PASSWORDS.
17 Q. YOU DID A SEARCH OF MR. WESTERFIELD’S COMPUTERS FOR
18 THE PURPOSE OF IDENTIFYING PASSWORDS; IS THAT CORRECT, SIR?
19 A. NO, SIR. WHEN I SAID “PASSWORDS” I MEANT IMMEDIATE
20 AREA AROUND THE COMPUTER. MOST USERS HAVE A COMMON HABIT OF
21 BEING WORRIED ABOUT HACKERS SO THEY’LL MAKE THE PASSWORDS, BUT
22 THEY’LL PUT PASSWORDS ON STICKIES. AND SOMETIMES WE HAVE A
23 COMPUTER MONITOR THAT LOOKS LIKE A DAISY, WITH LITTLE STICKIES
24 WITH PASSWORDS FOR ALL THEIR THINGS, BUT WE LOOK TO THERE FOR
25 THE PASSWORDS.
26 Q. YOU JUST INJECTED THE WORD “HACKERS.”
27 COULD YOU DEFINE WHAT YOU MEANT BY HACKERS, PLEASE?
28 A. A HACKER IS SOMEBODY WHO WOULD KNOW TO ACCESS A
6328
1 COMPUTER WHEN THEY’RE NOT ALLOWED.
2 Q. SO, IN OTHER WORDS, IF I HAD A PHONE LINE HERE,
3 MAYBE I COULD GET INTO YOUR COMPUTER, OR IF I GOT INTO YOUR
4 COMPUTER FROM THIS COURTROOM, THAT WOULD BE CALLED HACKING, IS
5 THAT RIGHT?
6 A. YES, SIR.
7 Q. DID YOU SEE ANY EVIDENCE OF HACKING IN THIS CASE?
8 A. NO, SIR, I DID NOT.
9 Q. SIR, I’D LIKE TO DIRECT YOUR ATTENTION TO THE
10 SERIES OF PHOTOGRAPHS ON 102C, “D”, “E” AND “F”.
11 A. YES, SIR.
12 Q. DO “C”, “D”, “E’ AND “F” ACCURATELY DEPICT THE
13 CONDITION OF MR. WESTERFIELD’S OFFICE AT OR NEAR THE TIME YOU
14 ARRIVED?
15 A. YES, SIR, IT DOES.
16 Q. WE NOTE IN “D” SOMETHING THAT SAYS “DW.” DO YOU
17 SEE THAT?
18 A. YES, SIR.
19 Q. AND WE ALSO SEE THE “DW” IN “C”, IS THAT RIGHT?
20 A. YES, SIR.
21 Q. WE DON’T SEE THE “E”, DO WE?
22 A. WE SEE THE EDGE OF IT.
23 Q. DID I PUT THE POINTER CLOSE TO THE EDGE?
24 A. YES, SIR.
25 Q. AND IN “F” WE SEE THE “DW”; IS THAT CORRECT?
26 A. YES, SIR.
27 Q. WHEN YOU OBTAINED THE C. D.S WERE THEY IN PLAIN
28 SIGHT?
6329
1 A. I DIDN’T OBTAIN THE C. D.S, SIR.
2 Q. THE FIRST TIME YOU EVER SAW THE C. D.S OR THE ZIP
3 DISKS TO WHICH YOU MADE REFERENCE IN DIRECT EXAMINATION WERE
4 THEY IN PLAIN SIGHT?
5 A. THEY WERE IN THE HAND OF MR. YOUNGFLESH.
6 Q. I’M SORRY, MR. YOUNGFLESH?
7 A. YES, SIR.
8 Q. AND HE WAS THE F. B. I. AGENT WHO WAS ACCOMPANYING
9 YOU?
10 A. HE WAS THE F. B. I. COMPUTER SPECIALIST, YES, SIR.
11 Q. AND THE TWO OF YOU HAD, I GUESS, BEEN JOINTLY
12 ASSIGNED TO GO DOWN AND PERFORM YOUR PROFESSIONAL DUTIES?
13 A. YES, SIR.
14 Q. DID YOU SEE WHERE MR. YOUNGFLUSH — YOUNGFLESH
15 OBTAINED THE C. D.S?
16 A. HE INDICATED THAT — HE INDICATED WHERE HE HAD
17 RECOVERED THEM — EXCUSE ME.
18 Q. WHERE DID HE INDICATE?
19 A. HE INDICATED IT WAS BEHIND — SORRY.
20 Q. IF YOU NEED IT, SIR, PLEASE.
21 A. INDICATED HERE.
22 Q. JUST FOR THE RECORD, WHEN YOU SAID HERE —
23 A. I’M SORRY. IN EXHIBIT 102 PICTURE “F” AND THEN
24 THERE IS A 12.
25 Q. ALL RIGHT.
26 A. I’M SORRY.
27 Q. NO PROBLEM.
28 SO WHERE YOU POINTED IN “F”, 102F-12, THAT’S WHERE
6330
1 WE’VE BEEN TOLD THE C. D.S WERE, IS THAT WHERE YOU RECALL
2 YOUNGFLESH TELLING YOU THEY WERE?
3 A. HE INDICATED IT WAS IN THAT AREA. I CAN’T TELL YOU
4 EXACTLY WHERE BUT JUST IN THAT GENERAL AREA.
5 Q. SO YOU DID NOT — YOU’RE NOT THE PERSON RESPONSIBLE
6 FOR THE SEIZURE OF THOSE C. D.S, IS THAT RIGHT, SIR?
7 A. THAT IS CORRECT.
8 Q. BY THE TIME YOU GOT TO THE C. D.S AND THE ZIPS,
9 THEY HAD ALREADY BEEN TAKEN, IS THAT RIGHT?
10 A. THEY HAD ALREADY BEEN PULLED OUT, YES, SIR.
11 Q. NOW, IT MATTERS, DOESN’T IT, WHO IS THE PERSON THAT
12 MADE THE DOWNLOADS THAT ULTIMATELY GOT TO — I’M SORRY, I JUST
13 INJECTED ANOTHER WORD. LET ME BACK UP.
14 DO YOU UNDERSTAND THE TERM “DOWNLOAD”?
15 A. YES, SIR.
16 Q. PLEASE TELL ME WHAT DOES THAT MEAN?
17 A. DOWNLOAD IS A TERM — IT’S A TERM THAT MEANS THE
18 TRANSFER OF A FILE FROM ONE LOCATION DOWN TO WHATEVER COMPUTER
19 YOU’RE AT.
20 Q. SO HYPOTHETICALLY I’M ON THE INTERNET.
21 A. YES, SIR.
22 Q. I TYPE WWW DOT PICTURES DOT COM OR WHATEVER AND A
23 PICTURE COMES UP AND I CAN MOVE THAT PICTURE TO MY COMPUTER; IS
24 THAT CORRECT?
25 A. YES, SIR.
26 Q. THAT PROCESS IS CALLED DOWNLOADING?
27 A. YES, SIR.
28 Q. CAN YOU IDENTIFY THE PERSON WHO DOWNLOADED ANY OF
6331
1 THE FILES THAT WERE JUST SHOWN TO YOU?
2 A. NO, SIR.
3 Q. CAN LOOK AT — DO YOU HAVE THE CAPABILITY TO LOOK
4 INTO THE COMPUTER TO IDENTIFY THE PERSON THAT DOWNLOADED THE
5 PARTICULAR PHOTO?
6 A. NO, SIR.
7 Q. CAN YOU TELL ME WHEN THE PHOTOS THAT WERE SHOWN TO
8 YOU ON DIRECT EXAMINATION WERE LAST ACCESSED?
9 A. THERE ARE DATES THAT ARE ASSOCIATED WITH THE LAST
10 ACCESS DATES. HOWEVER, THERE ARE SEVERAL SITUATIONS WHERE
11 THEY’RE NOT — IT’S NOT ALWAYS ACCURATE.
12 Q. FIRST OF ALL, SIR, WITH REGARD TO C. D.S, THAT
13 DOWNLOAD CONCEPT THAT I JUST GAVE YOU THAT WE JUST TALKED ABOUT,
14 WHEN YOU DOWNLOAD SOMETHING TO A C. D. THE C. D. WRITES A DATE,
15 IS THAT —
16 A. THAT IS CORRECT, SIR.
17 Q. OR THE COMPUTER WRITES A DATE TO THE C. D., IS THAT
18 RIGHT?
19 A. YES, SIR.
20 Q. THAT DATE ISN’T CHANGEABLE, IS IT?
21 A. THAT DATE IS NOT CHANGEABLE.
22 Q. SO WITH REGARD TO C. D.S, YOU CANNOT TELL WHEN A C.
23 D. WAS LAST ACCESSED, IS THAT RIGHT?
24 A. THAT IS CORRECT.
25 Q. HOWEVER, WITH REGARD TO ZIP DISKS, IT’S A DIFFERENT
26 CIRCUMSTANCE, ISN’T IT?
27 A. IT DEPENDS. ZIP DISKS CAN BE WRITE PROTECTED AND
28 YOU CAN LOCK THEM.
6332
1 Q. WELL, WITH REGARD TO THE ZIP DISKS YOU SAW, WERE
2 THEY WRITE PROTECTED OR LOCKED?
3 A. AT THE TIME WE GOT THEM, NO, SIR.
4 Q. SO THEREFORE, IT’S THE CASE, IS IT NOT, THAT YOU
5 COULD OR DO HAVE THE CAPABILITY TO IDENTIFY DATE OF LAST ACCESS
6 OF ANY OF THE FILES THAT CAME OFF THE ZIP DISKS; IS THAT
7 CORRECT?
8 A. YES, SIR.
9 Q. DID YOU CHECK?
10 A. YES, WE DID.
11 Q. ARE YOU FAMILIAR WITH AN AREA OF THE COMPUTER
12 CALLED “TEMPORARY INTERNET FILES”?
13 A. YES, SIR, I AM.
14 Q. PLEASE TELL US WHAT ARE “TEMPORARY INTERNET FILES”?
15 A. THE TEMPORARY INTERNET FILES, BASICALLY THEY’RE
16 DESIGNED TO MAKE THE VIEWING OF INTERNET WEB PAGES MORE
17 EFFICIENT. FOR EXAMPLE, YOU GET ON TO THE COMPUTER, YOU LOG ON
18 TO CNN. THE INTERNET OR CNN’S COMPUTER WILL SEND THAT FILE OR
19 THAT PAGE TO YOU. AS THEY SEND YOU THE PAGE IT ACTUALLY SENDS
20 IT IN PIECES, INCLUDING ALL THE PICTURES ARE SENT TO YOUR
21 COMPUTER. ONCE THEY GET ON TO YOUR COMPUTER, THEY’RE THEN
22 REASSEMBLED ON YOUR COMPUTER. THERE IS A TEMPORARY — BEFORE
23 THEY CAN BE PUT BACK TOGETHER THEY HAVE TO HAVE A TEMPORARY
24 STORAGE PLACE WHERE THEY CAN RESIDE ON YOUR COMPUTER TO BE PUT
25 KIND OF BACK TOGETHER. THAT’S CALLED THE TEMPORARY INTERNET
26 FILES. SO ALL THOSE FILES WILL COME IN YOUR COMPUTER, SIT IN
27 THE TEMPORARY INTERNET FILES. YOU’LL VIEW THEM, AND THEN ONCE
28 YOU GO ON TO THE NEXT PAGE, IF YOU EVER HAD AN EXAMPLE WHERE
6333
1 YOU’VE GONE TO THE SAME PAGE TWICE, SAY, IN THE SAME DAY, AND
2 YOU NOTICE THE SECOND TIME YOU GO TO IT IT COMES IN THAT MUCH —
3 IT LOADS UP ALMOST IMMEDIATELY, IT’S BECAUSE ALL THOSE FILES ARE
4 STILL ON YOUR COMPUTER IN THAT TEMPORARY INTERNET FILE AND IT
5 JUST MAKES IT MUCH MORE EFFICIENT.
6 Q. SIR, DIRECTING YOUR ATTENTION TO 4:47 P.M. ON
7 FEBRUARY THE 4TH, 2002, WERE YOU UTILIZING ANY OF THE COMPUTERS
8 IN THE WESTERFIELD HOUSE TO DO ANY SURFING?
9 A. I WAS NOT SUMMONED ON FEBRUARY 4TH — THAT WOULD BE
10 A MONDAY.
11 Q. YES.
12 A. I WAS NOT SUMMONED TO THE SCENE UNTIL 9:00 P.M.
13 Q. I’D LIKE TO HAVE MARKED AS TWO EXHIBITS, THEY CAN
14 BE “A” AND “B”, HOWEVER THE COURT WISHES.
15 THE COURT: STAPLE THEM TOGETHER. WE’LL MAKE THEM “A”
16 AND “B”.
17 MR. FELDMAN: THANK YOU, YOUR HONOR.
18 THE COURT: 142.
19 (MARKED FOR ID: = TRIAL EX. 142A&B, SCREEN CAPTURE)
20
21 BY MR. FELDMAN:
22 Q. ARE YOU FAMILIAR WITH THE TERM “SCREEN CAPTURE”?
23 A. YES, SIR, I AM.
24 Q. COULD YOU PLEASE TELL THE JURY WHAT IS A SCREEN
25 CAPTURE?
26 A. A SCREEN CAPTURE IS A METHOD YOU CAN TAKE, LIKE A
27 SNAPSHOT OR PICTURE OF THE COMPUTER SCREEN.
28 Q. I’D LIKE TO DIRECT YOUR ATTENTION TO WHAT’S BEEN
6334
1 MARKED 142A AND 142B.
2 SIR, CAN YOU TELL ME, DOES THAT EXHIBIT, 142A IS
3 THE FIRST PAGE, DOES THAT APPEAR TO BE A SCREEN CAPTURE?
4 A. YES, SIR, IT DOES.
5 Q. AND CAN YOU TELL ME IS THERE — WHEN — I USED THE
6 WORD SURFING A MOMENT AGO. IS THERE SOMETHING CALLED — WHEN I
7 USE THE TERM SURFING, DO YOU UNDERSTAND THERE’S SOMETHING CALLED
8 INTERNET SURFING?
9 A. YES, I DO.
10 Q. WHAT DOES THAT MEAN?
11 A. IT’S A TERM THAT APPLIES TO PEOPLE OR THE ACT OF
12 GOING ON THE INTERNET AND LOOKING AROUND THE INTERNET.
13 Q. GOING FROM SITE TO SITE?
14 A. YES, SIR.
15 Q. IS THERE SOMETHING CALLED PORN SURFING?
16 A. I HAVEN’T HEARD THE TERM BEFORE BUT I CAN IMAGINE
17 WHAT ITS NOTATION IS.
18 Q. SPECIFICALLY DIRECTING YOUR ATTENTION TO “A”, SIR,
19 YOU TOLD ME THIS APPEARS TO BE A SCREEN CAPTURE.
20 DO YOU SEE AN ADDRESS?
21 A. I DON’T SEE ADDRESS. I SEE A PATH.
22 Q. I USE THE WORD “ADDRESS” AND YOU JUST TOLD ME YOU
23 SAW A “PATH.” DO YOU — IS THERE, IN THE SURFING AREA, THE
24 COMPUTER SURFING AREA SOMETHING CALLED AN ADDRESS?
25 A. YES.
26 Q. AND WHAT DOES THAT MEAN?
27 A. THE ADDRESS — EXCUSE ME — IS IF YOU GO TO —
28 AGAIN, I’LL USE CNN. IF YOU GO TO CNN DOT COM, THE ADDRESS IS
6335
1 WWW DOT CNN DOT COM, THAT’S THE ADDRESS.
2 Q. AND YOU TOLD ME THERE’S SOMETHING CALLED A PATH, IS
3 THAT RIGHT?
4 A. YES, SIR.
5 Q. PLEASE TELL US WHAT’S A PATH.
6 A. A PATH INDICATES A LOCATION ON THE COMPUTER WHERE A
7 DOCUMENT OR FILE IS.
8 Q. DIRECTING YOUR ATTENTION TO 142A, THIS APPEARS TO
9 BE A SCREEN CAPTURE THAT INDICATES IT WAS LAST WRITTEN FEBRUARY
10 THE 4TH, 2002 AT 4:47 P.M. DOES IT NOT?
11 A. YES, SIR.
12 Q. AND IT INDICATES THAT APPARENTLY A JPEG WAS
13 DOWNLOADED; IS THAT CORRECT?
14 A. IT WAS NOT DOWNLOADED, SIR. IT WAS VIEWED.
15 Q. OKAY.
16 IN OTHER WORDS, THE COMPUTER THAT WAS IN
17 WESTERFIELD’S OFFICE AT 4:47 P.M. ON FEBRUARY THE 4TH, 2002,
18 SOMEBODY VIEWED SOMETHING?
19 A. YES, SIR.
20 MR. CLARKE: OBJECTION, ASSUMES FACTS NOT IN EVIDENCE.
21 THE COURT: SUSTAINED. NO FOUNDATION.
22 MR. CLARKE: MOVE TO STRIKE THE ANSWER.
23 THE COURT: THE JURY’S TO DISREGARD THE LAST ANSWER TO
24 THE LAST QUESTION.
25
26 BY MR. FELDMAN:
27 Q. THE SCREEN CAPTURE ACCURATELY VIEWS THAT ACTIVITY
28 AN INDIVIDUAL IS ENGAGED IN WHILE UTILIZING THE COMPUTER; IS
6336
1 THAT CORRECT?
2 A. YES, SIR.
3 Q. THIS SCREEN CAPTURE THAT I’M SHOWING YOU THAT’S “A”
4 DOES SPECIFICALLY DEPICT AN ADDRESS, DOES IT NOT? I’M SORRY —
5 A PATH?
6 A. THANK YOU. YES, SIR.
7 Q. AND WHAT’S THE PATH?
8 A. THE PATH IS 001 BACK SLASH WINDOWS BACK SLASH
9 TEMPORARY INTERNET FILES BACK SLASH CONTENT PERIOD CAPITAL IE5
10 BACK SLASH K1U7C9EF BACK SLASH TEEN DREAM.
11 Q. DIRECTING YOUR ATTENTION TO 142B, AGAIN WE SEE AN
12 INDICATION OF A FILE LAST ACCESSED FEBRUARY 4, 2002 AT 4:47
13 P.M., IS THAT RIGHT?
14 A. YES, SIR.
15 Q. CAN YOU TELL ME PLEASE WHAT’S THE PATH THAT’S
16 REFLECTED?
17 A. YES, I CAN. IT’S 001 BACK SLASH C BACK SLASH
18 WINDOWS BACK SLASH TEMPORARY INTERNET FILES BACK SLASH CONTENT
19 PERIOD IE5 BACK SLASH G5ENGXQB BACK SLASH LESBIAN, AND THEN BO,
20 I CAN’T READ THE REST OF IT.
21 Q. CAN YOU TELL ME WHICH COMPUTER THIS SCREEN CAPTURE
22 CAME FROM?
23 A. NO, SIR, I CAN’T.
24 Q. DIDN’T YOU IN YOUR INVESTIGATION ATTEMPT TO
25 DETERMINE WHAT, IF ANY, ACTIVITIES WERE BEING ENGAGED IN ON
26 THOSE COMPUTERS AT TIMES WHEN MR. WESTERFIELD COULDN’T HAVE BEEN
27 AROUND?
28 A. THAT WAS NOT ONE OF THE REQUESTS, SIR.
6337
1 Q. SO, IT IS THE CASE THAT YOU CANNOT TELL THE JURY
2 WHETHER OR NOT ANY OF THOSE DOWNLOADS THAT MR. CLARKE SHOWED YOU
3 WERE CREATED BY MR. WESTERFIELD?
4 MR. CLARKE: EXCUSE ME. ASSUMES FACTS NOT IN EVIDENCE.
5 THE COURT: OVERRULED.
6 YOU MAY ANSWER.
7 THE WITNESS: NO, SIR.
8
9 BY MR. FELDMAN:
10 Q. WHEN YOU SAY NO, YOU MEAN TO AGREE WITH ME, YOU
11 CANNOT TELL US WHO PRODUCED THOSE IMAGES, CORRECT?
12 A. CORRECT.
13 Q. WITH REGARD TO MR. YOUNGFLESH, YOU TOLD US THAT
14 WHEN YOU FIRST SAW THE C. D.S AND THE ZIP DISKS THEY WERE IN HIS
15 HAND, IS THAT RIGHT?
16 A. YES, SIR.
17 Q. WERE THEY IN ANY KIND OF AN ENVELOPE?
18 A. NO, SIR.
19 Q. WITH REGARD TO THE C. D.S, DO THEY COME WITH A
20 PLASTIC CASE COVERING?
21 A. YES. SOME DO, SOME — YES, SIR.
22 Q. SPECIFICALLY WITH REGARD TO THOSE DEPICTED IN 102?
23 A. I BELIEVE ONE DID AND TWO OTHERS DID NOT.
24 Q. DID YOU TOUCH EITHER ONE OF THOSE C. D.S?
25 A. I DON’T RECALL.
26 Q. DO YOU RECALL WHETHER MR. YOUNGFLESH — MR.
27 YOUNGFLESH MUST HAVE TOUCHED THEM, RIGHT, BECAUSE HE HAD THEM IN
28 HIS HAND. IS THAT A FAIR STATEMENT?
6338
1 A. YES, SIR.
2 Q. DID YOU MENTION TO SERGEANT HOLMES THAT YOU HAD
3 LOCATED EVIDENCE THAT MIGHT BE OF SOME BENEFIT IN THE CASE?
4 A. YES, SIR.
5 Q. WAS THERE ANY COMMUNICATION BETWEEN YOU AND HE
6 ABOUT MAYBE FINGERPRINTING THE DISKS TO DETERMINE WHO LAST
7 TOUCHED ‘EM?
8 A. NO, SIR.
9 Q. THE TIME YOU COMMUNICATED TO SERGEANT HOLMES THAT
10 YOU MIGHT HAVE EVIDENTIARY DISKS, THAT OCCURRED AFTER YOU HAD
11 DONE SOME SCREENINGS, IS THAT RIGHT?
12 A. YES, SIR.
13 Q. SO YOU KNEW THAT AT LEAST IN YOUR MIND THERE MIGHT
14 BE IMAGES OF — I THINK YOU CALLED IT QUESTIONABLE IMAGES; IS
15 THAT RIGHT?
16 A. YES, SIR.
17 Q. AND YOU COMMUNICATED THAT TO SERGEANT HOLMES?
18 A. YES, SIR.
19 Q. AND NO EFFORT WAS MADE TO PRESERVE THE EVIDENCE,
20 FOR INSTANCE, FOR FINGERPRINT PURPOSES, CORRECT?
21 A. WE WERE HANDLING THEM BY THE EDGES.
22 Q. FOR HOW LONG DID YOU HANDLE ‘EM BY THE EDGES, SIR?
23 A. FOR THE — WE ONLY HAVE TO HANDLE THEM VERY
24 MINIMALLY DURING THE PROCESS, WHICH IS TAKING THEM, PUTTING THEM
25 INTO THE C. D. TRAY, VIEWING THEM, TAKING THEM OUT AND THEN
26 PUTTING THEM INSIDE A BAG.
27 Q. DID YOU EVER HEAR OF JOIN FOR FREE DOT COM?
28 A. NO, SIR.
6339
1 Q. DID YOU EVER HEAR OF PASSWORDS AT MP3 DOT COM?
2 A. NO, SIR.
3 Q. WITH REGARD TO WHAT WE SAW IN THE COURTROOM, DID
4 YOU CHECK THE HARD DRIVES OF THE COMPUTERS TO DETERMINE WHETHER
5 OR NOT ANY OF THE IMAGES OR MPEGS OR JPEGS HAD BEEN IN ANY OF
6 THE COMPUTERS?
7 A. YES, SIR.
8 Q. CAN YOU TELL ME, DID YOU NOTICE WHETHER OR NOT ANY
9 OF THE IMAGES THAT WE SAW ON DIRECT HAD BEEN IN ANY OF THE
10 COMPUTERS?
11 A. YES, SIR.
12 Q. PLEASE.
13 A. OKAY. THERE WERE SEVERAL — I THINK THERE WERE
14 FIVE OF THOSE IMAGES LOCATED ON THE COMPUTER IN THE ONE BEDROOM.
15 Q. I’M SORRY. WHICH BEDROOM?
16 A. WELL, WE ONLY FOUND COMPUTERS IN THE OFFICE, AND
17 THEN WE’VE BEEN USING THE TERM “BEDROOM” TO DENOTE — BEDROOM AT
18 THE TOP, IF YOU WOULD, THE TOP OF THE STAIRS TO THE LEFT THERE’S
19 THE FIRST BEDROOM.
20 Q. SORRY, SIR. JUST A MINUTE PLEASE. EXCUSE ME.
21 (PAUSE)
22 Q. DIRECTING YOUR ATTENTION TO WHAT’S BEEN PREVIOUSLY
23 MARKED 93, IS THIS THE BEDROOM AT THE TOP OF THE STAIRS TO WHICH
24 YOU MAKE REFERENCE?
25 A. YES, SIR, IT IS.
26 Q. AND DIRECTING YOUR ATTENTION TO PHOTOGRAPH “C”, IS
27 THAT THE COMPUTER FROM WHICH YOU DOWNLOADED ANY OF THE IMAGES?
28 A. YES, SIR.
6340
1 Q. WHICH IMAGES?
2 A. IF I MAY REFER TO MY REPORT, SIR.
3 Q. I’M SORRY. DO YOU HAVE AN INDEPENDENT
4 RECOLLECTION?
5 A. INDEPENDENT RECOLLECTION, NO, SIR.
6 Q. WOULD REFERRING TO YOUR REPORT REFRESH YOUR
7 RECOLLECTION?
8 A. YES, SIR, IT WOULD.
9 Q. COULD YOU PLEASE DO SO AND TELL US WHERE YOU’RE
10 MAKING YOUR REFERENCE?
11 A. OKAY.
12 A. I DO NOT HAVE THE REPORT WITH ME HERE, SIR.
13 Q. WOULD LOOKING AT THIS PERHAPS HELP YOU OUT?
14 A. NO, SIR, IT WOULD NOT.
15 Q. HOW ABOUT THIS?
16 A. NO, SIR.
17 Q. WHAT’S THE DATE OF THE REPORT YOU’RE LOOKING FOR,
18 SIR?
19 A. THE REPORT ACTUALLY I GENERATED SEVERAL WEEKS AGO,
20 AND I DON’T HAVE THE DATE ON IT, SIR.
21 Q. WELL, YOU RECENTLY PREPARED A REPORT; IS THAT
22 CORRECT?
23 A. YES, SIR.
24 Q. YOU PREPARED THE REPORT JUNE THE 25TH, 2002, IS
25 THAT RIGHT?
26 A. YES, SIR.
27 Q. I’M JUST HANDING YOU A PIECE OF PAPER.
28 SIR, IS THAT THE COPY OF THE REPORT THAT YOU
6341
1 PREPARED 25 JUNE?
2 A. YES, SIR, IT IS.
3 Q. TODAY’S THE 25TH OF JUNE, ISN’T IT?
4 A. YES, SIR, IT IS.
5 Q. THE REPORT INDICATES THAT MR. CLARKE REQUESTED THAT
6 YOU SEARCH THE SUBMITTED COMPUTER EVIDENCE FOR CERTAIN
7 INFORMATION; ISN’T THAT CORRECT?
8 A. YES, SIR.
9 Q. HE SPECIFICALLY REQUESTED THAT YOU ATTEMPT TO
10 DETERMINE THE DATES THE LISTED FILES WERE DOWNLOADED; IS THAT
11 CORRECT?
12 A. YES, SIR.
13 Q. THE LISTED FILES REFER TO THE FILES THAT WE JUST
14 SAW, IS THAT RIGHT?
15 A. YES, SIR.
16 Q. BUT IT DIDN’T ASK TO FIND OUT WHO DOWNLOADED THE
17 FILES, DID IT?
18 A. NO, SIR, IT DID NOT.
19 Q. AND YOU HAVE THE CAPABILITY OF DETERMINING
20 VIRTUALLY EVERY KEY STROKE, DON’T YOU?
21 A. NO, NOT EVERY KEY STROKE.
22 Q. VIRTUALLY EVERY KEY STROKE?
23 A. NO, NOT EVERY KEY STROKE.
24 Q. IF I GO ON A COMPUTER AND I DO SURFING CAN YOU
25 BACKTRACK WHAT I’M DOING?
26 A. I CAN BACKTRACK SOME OF WHAT THE COMPUTER IS DOING
27 BUT NOT ALL OF IT.
28 Q. ARE YOU FAMILIAR WITH A PROGRAM CALLED ENCASE?
6342
1 A. YES, SIR, I AM.
2 Q. WHAT IS IT?
3 A. IT’S A FORENSIC UTILITY THAT ALLOWS US TO LOOK AT
4 THE CONTENTS OF A COMPUTER HARD DRIVE AND DO OUR ANALYSIS.
5 Q. DID YOU USE ENCASE IN THIS CASE?
6 A. YES, SIR, I DID.
7 Q. AND DOESN’T ENCASE PERMIT YOU THE OPTION TO
8 PRINTOUT SCREEN CAPTURES OF PARTICULAR EVENTS IN THE COMPUTER?
9 A. YES, SIR, IT DOES.
10 Q. DID YOU UTILIZE ENCASE FOR THE PURPOSE OF PRINTING
11 OUT ANY SCREEN CAPTURES?
12 A. NO, SIR.
13 Q. DID YOU USE ENCASE FOR THE PURPOSE OF DETERMINING
14 WHO WAS USING THE COMPUTER?
15 A. UNFORTUNATELY, IT DOESN’T TELL US WHO WAS AT THE
16 COMPUTER TERMINAL TYPING.
17 Q. WELL, ISN’T THERE SOMETHING CALLED E-MAIL?
18 A. THERE IS E-MAIL.
19 Q. AND DOESN’T CERTAIN SYSTEMS, ON-LINE SYSTEMS PERMIT
20 MORE THAN ONE E-MAIL ADDRESS?
21 A. YES, SIR.
22 Q. AND IF I HAVE A COMPUTER AND I HAVE A CHILD OR
23 CHILDREN, CAN’T I ASSIGN MYSELF A PARTICULAR E-MAIL ADDRESS AND
24 MY CHILD OR CHILDREN ANOTHER E-MAIL ADDRESS?
25 A. YES, SIR.
26 Q. AND CAN’T YOU, THE FORENSIC EXAMINER, THEN LOOK AT
27 MY COMPUTER AND DETERMINE WHETHER I SIGNED IN UNDER MY NAME OR
28 ONE OF MY CHILDREN MIGHT HAVE SIGNED IN?
6343
1 A. I CAN’T TELL IF YOU SIGNED IN OR SOMEBODY ELSE
2 SIGNED IN AS YOU. ALL I CAN TELL IS IF A ACCOUNT WAS ACCESSED
3 POSSIBLY.
4 Q. IN OTHER WORDS, YOU CAN TELL —
5 MR. CLARKE: EXCUSE ME. I DON’T BELIEVE THE WITNESS WAS
6 ALLOWED TO FINISH HIS ANSWER.
7 THE COURT: FINISH YOUR ANSWER, PLEASE.
8 THE WITNESS: YOU CAN’T TELL WHO WAS AT THE SCREEN
9 TYPING, WHO WAS ACCESSING THE FILE OR ACCESSING THE E-MAIL. ALL
10 THAT CAN BE SOMETIMES GLEANED IS IF IT WAS ACCESSED.
11
12 BY MR. FELDMAN:
13 Q. WELL, YOU CAN CHECK THE E-MAIL FILES, CAN’T YOU?
14 A. YOU CAN.
15 Q. AND IF THE E-MAIL’S IN ONE NAME YOU CAN INFER THAT
16 THAT PERSON — YOU CAN AT LEAST DRAW THAT INFERENCE, CAN’T
17 YOU — THAT THAT PERSON HAD ACCESS TO THAT E-MAIL AT THAT
18 PARTICULAR TIME?
19 A. I CAN INFER THAT E-MAIL IS ACCESSED AT THAT
20 PARTICULAR TIME.
21 Q. WITH REGARD TO A COMPUTER, DOES IT RECORD, FOR
22 INSTANCE, WHEN THE E-MAIL WAS SENT OR RECEIVED?
23 A. SOME OF THE PROGRAMS DO, YES.
24 Q. IN THE SPECIFIC INSTANCE OF THE COMPUTERS THAT YOU
25 EVALUATED IN CONNECTION WITH THE CASE OF PEOPLE VERSUS
26 WESTERFIELD, COULD YOU ASCERTAIN WHETHER OR NOT THERE WERE OR
27 WAS E-MAIL SYSTEMS?
28 A. THERE WERE E-MAIL SYSTEMS.
6344
1 Q. WHAT KIND OF SYSTEMS WERE THE E-MAIL?
2 A. I BELIEVE THERE WAS OUTLOOK AND I BELIEVE THERE WAS
3 SOME INTERNET BASED WEB MAIL.
4 Q. WHAT’S INTERNET BASED WEB MAIL?
5 A. INTERNET OR SERVER BASED E-MAIL IS LIKE HOT MAIL
6 DOT COM OR YAHOO. YOU GET ON TO THE COMPUTER, YOU GO TO THAT
7 PARTICULAR E-MAIL SITE AND DOWNLOAD THE E-MAILS.
8 Q. SIR, DIRECTING YOUR ATTENTION TO FEBRUARY THE 4TH,
9 2002, AT APPROXIMATELY 6:51 P.M., DID YOU HAVE OCCASION TO
10 UTILIZE ANY OF THE COMPUTERS IN DAVID WESTERFIELD’S HOUSE?
11 A. NO, SIR, I DID NOT.
12 (MARKED FOR ID: = TRIAL EX. 143, SCREEN CAPTURE)
13 MR. FELDMAN: COUNSEL.
14 I’D ASK TO HAVE MARKED AS COURT’S NEXT IN ORDER, OR
15 EVEN “C” IN THE SEQUENCE.
16 THE COURT: IT’S 143.
17 MR. FELDMAN: THANK YOU.
18 Q. YOU JUST TOLD ME I THINK THAT THERE WERE WEB BASED
19 E-MAILS; IS THAT CORRECT?
20 A. I BELIEVE THERE WERE, SIR.
21 Q. AND HOT MAIL IS SUCH A WEB BASED E-MAIL ACCOUNT; IS
22 THAT CORRECT?
23 A. YES, SIR.
24 Q. I’D LIKE TO DIRECT YOUR ATTENTION TO COURT EXHIBIT
25 143. CAN YOU TELL ME, SIR, DOES THAT APPEAR TO BE A SCREEN
26 CAPTURE OF AN E-MAIL EITHER SENT OR RECEIVED ON FEBRUARY THE
27 4TH, 2002, AT 1851, 6:51 P.M.?
28 A. YES, SIR.
6345
1 Q. AND IT’S SENT FROM SOMEBODY; IS THAT CORRECT?
2 A. YES, IT IS.
3 Q. WHO?
4 A. IT’S SENT FROM EDITOR AT NEWSLETTER DOT PINK FOR
5 FREE DOT COM.
6 Q. WHO’S IT SENT TO?
7 A. DNWEST AT HOTMAIL DOT COM.
8 Q. DNWEST AT HOTMAIL DOT COM, IS THAT WHAT YOU SAID,
9 SIR?
10 A. YES, SIR.
11 Q. AND WE SEE — IS THERE AN ADDRESS LISTED ANYWHERE
12 OR IS THERE ANY REFERENCE TO, FOR INSTANCE, A FEATURED SITE?
13 A. YES, SIR, THERE IS.
14 Q. WHAT’S THE FEATURED SITE?
15 A. THE ADDRESS IS HTTP COMMA — OR COLON, EXCUSE ME,
16 FORWARD SLASH FORWARD SLASH WWW DOT PINK FOR FREE DOT COM
17 FORWARD SLASH WENDY WET FORWARD SLASH 2002 FORWARD SLASH
18 FEBRUARY FORWARD SLASH 0204 FORWARD SLASH 0204 DOT HTML.
19 Q. WHAT I’M SHOWING YOU AS 143 APPEARS TO BE A SCREEN
20 CAPTURE OF AN E-MAIL THAT WAS SENT FROM A COMPUTER; IS THAT
21 CORRECT?
22 A. YES, SIR.
23 Q. YOU DID NOT CHECK — WELL, CAN YOU TELL ME WHETHER
24 IT CAME FROM THE COMPUTER THAT’S DEPICTED IN 93?
25 A. NO, SIR, I CANNOT.
26 Q. CAN YOU TELL ME WHETHER IT CAME FROM EITHER OF THE
27 COMPUTERS THAT ARE DEPICTED IN 102?
28 A. NO, SIR, I CAN NOT.
6346
1 Q. WHY NOT?
2 A. THERE IS NO IDENTIFYING INFORMATION ON THE
3 NEWSLETTER OR ON THE E-MAIL.
4 Q. WELL, ISN’T THAT — ISN’T THAT PAGE THAT I JUST
5 SHOWED YOU, THIS 143, ISN’T THAT SOMETHING THAT YOU’RE
6 ACCUSTOMED TO SEEING BY VIRTUE OF YOUR USE OF ENCASE?
7 A. THE AMOUNT OF DATA ON A — ON THE COMPUTER EVIDENCE
8 THAT WE HAD TO GO THROUGH, THERE IS NO WAY THAT WE CAN LOOK AT
9 EACH AND EVERY FILE. IF WE WERE TO PRINT OUT EVERYTHING OFF
10 THOSE COMPUTERS WE’D HAVE A STACK OF PAPER TALLER THAN THE
11 NATIONAL MONUMENT. THERE’S JUST NO WAY FOR US TO BE ABLE TO SAY
12 WITH EVERY SINGLE FILE EVERY KIND OF PAGE WAS ON THE COMPUTER.
13 Q. I’M SORRY. I’M A LITTLE BIT CONFUSED.
14 ARE YOU SAYING THAT YOU CAN’T PRINT OUT A LIST OF
15 THE FILES THAT APPEAR IN THE COMPUTERS IN THIS CASE BECAUSE THE
16 PAPER WOULD BE BIGGER THAN THE WASHINGTON MONUMENT?
17 A. I’M TELLING YOU THAT THE FILES ON THE COMPUTERS, IF
18 WE TOOK ALL THE FILES OUT, PRINTED THEM OUT, WOULD BE LARGER
19 THAN THE WASHINGTON MONUMENT, YES, SIR.
20 Q. IN THIS CASE?
21 A. IN THIS CASE.
22 Q. WELL, HOW ABOUT A — IS THERE SOMETHING CALLED A
23 “DIRECTORY STRUCTURE”?
24 A. THERE IS A DIRECTORY STRUCTURE.
25 Q. WHAT’S A “DIRECTORY STRUCTURE”?
26 A. DIRECTORY STRUCTURE IS A LIST OF ALL THE FOLDERS OR
27 DIRECTORIES ON THE COMPUTER.
28 Q. DID YOU PRINT OUT OR LOOK AT THE DIRECTORY
6347
1 STRUCTURES OF ANY OF THE COMPUTERS, SIR?
2 A. I LOOKED AT SOME OF THE DIRECTORY STRUCTURES, YES,
3 SIR.
4 Q. YOU NOTICED IN ONE OF THE DIRECTORY STRUCTURES, I
5 THINK YOU TOLD US SOMETHING ABOUT CARTOONS, IS THAT RIGHT?
6 A. YES, SIR.
7 Q. THAT INCLUDED, I DON’T KNOW, THE SIMPSONS, STAR
8 TREK, SUPERMAN, RIGHT?
9 A. AMONG OTHERS, YES.
10 Q. THERE WERE DIRECTORIES THAT ARE CALLED BABES AND
11 CELEBS, IS THAT RIGHT?
12 A. YES, SIR.
13 Q. MOVIES?
14 A. YES, SIR.
15 Q. NEIL’S MUSIC?
16 A. COULD HAVE BEEN, YES, SIR.
17 Q. I THINK YOU TOLD US ON DIRECT EXAMINATION, OR MAYBE
18 AT THE BEGINNING OF MY CROSS-EXAMINATION, THAT THERE WAS
19 SOMEWHERE AROUND A HUNDRED THOUSAND PICTURES AND SOMEHOW THAT
20 GOT WHITTLED DOWN IN MY MEMORY AND WENT TO EIGHT- TO 10,000, IS
21 THAT RIGHT?
22 A. YES, SIR.
23 Q. DID YOU STORE OR PUT SOMEPLACE THE EIGHT- TO
24 10,000?
25 A. YES, SIR.
26 Q. WHERE?
27 A. RIGHT NOW THEY’RE ON A HARD DRIVE, AND ALSO I DID A
28 PRINT OUT AS WELL.
6348
1 Q. WHEN YOU SAY PRINT OUT YOU PRINTED OUT ALL THE
2 IMAGES, ALL THE EIGHT- TO 10,000 IMAGES?
3 A. I BELIEVE I PRINTED OUT MOST OF THEM.
4 Q. GOT ‘EM WITH YOU?
5 A. WITH ME, NO, SIR.
6 Q. PARDON ME?
7 A. NO, SIR.
8 Q. WHEN YOU PRINTED ‘EM OUT DID YOU PRINT THEM OUT IN
9 COMPLETE EIGHT BY TEN SIZE OR DID YOU PRINT ‘EM OUT IN — I
10 WOULD CALL THEM THUMB NAILS BUT I KNOW THAT THAT’S — I DON’T
11 KNOW WHETHER YOU USE THE TERM SAME WAY AS I DO?
12 A. I PRINTED OUT SEVERAL PER PAGE.
13 Q. WHEN YOU SAY YOU PRINTED OUT SEVERAL PER PAGE,
14 COULD YOU PLEASE TELL THE JURY WHAT YOU MEAN?
15 A. THERE WERE SEVERAL PICTURES ON EACH PAGE AND I
16 PRINTED THEM OUT THAT WAY.
17 Q. ALL RIGHT. SO DOES THAT MEAN YOUR PRINTER OR
18 WHATEVER YOU HAVE THE CAPABILITY OF CONDENSING THE SIZE SO IT
19 CAN FIT ON A PAGE?
20 A. YES, SIR.
21 Q. SOUNDS LIKE THAT’S WHAT YOU DID, IS THAT RIGHT?
22 A. YES, SIR.
23 Q. CAN YOU TELL ME HOW MANY MEGS 8,000 PICTURES TOOK
24 UP?
25 I NEED TO BACK UP FOR A SECOND. I USED THE TERM
26 “MEGS.” DO YOU UNDERSTAND THAT TERM?
27 A. YES, I DO.
28 Q. COULD YOU PLEASE TELL THE JURY WHAT DOES THAT MEAN?
6349
1 A. IT IS A SIZE — FOR EXAMPLE, ONE TYPICAL FLOPPY
2 DISK THAT IN MOST COMPUTERS HAS ABOUT 1.4 MEGABYTES OF
3 INFORMATION, DEPENDING ON THE SIZE OF THE PICTURE, YOU COULD
4 HAVE AS MANY AS, YOU KNOW, ONE PICTURE OR YOU CAN HAVE MANY ON
5 THERE.
6 Q. WELL, ON THE, FOR INSTANCE, THE ZIP DRIVE, THOSE
7 ARE GENERALLY A HUNDRED MEGS, AREN’T THEY?
8 A. EITHER A HUNDRED OR I THINK THE ONES IN THIS CASE
9 WERE A HUNDRED, OR YOU CAN GET ONE WHERE THERE’S 250 MEGS.
10 Q. THE 250S ARE NEWER, IS THAT RIGHT?
11 A. YES, SIR.
12 Q. WITH REGARD TO C. D.S, THEY HAVE ABOUT SIX HUNDRED
13 MEGS, DON’T THEY?
14 A. ABOUT 650.
15 Q. AND IF THEY’RE A C. D.-R OR A C. D.-, RW DOES THAT
16 AFFECT THE STORAGE LAST SPACE?
17 A. NOT REALLY.
18 Q. WERE YOU ABLE TO DOWNLOAD THE EIGHT- — I’M SORRY,
19 WERE YOU ABLE TO TRANSFER THE 8,000 PHOTOS TO A C. D. OR DID YOU
20 LEAVE THEM ON A HARD DRIVE?
21 A. I BELIEVE I PUT THEM ON A C. D.
22 Q. I’M SORRY, ARE YOU NOT SURE?
23 A. NO. I SAID I BELIEVE I PUT THEM ON A C. D.
24 Q. ALL RIGHT. AND DID YOU INDICATE ON THAT C. D. THE
25 SOURCE OF THE COMPUTER THAT RESULTED IN A PHOTO YOU WERE
26 TRANSFERRING?
27 A. I BELIEVE I PUT THEM IN FOLDERS, EACH COMPUTER OR
28 PIECE OF MEDIA HAD THE IMAGES IN EACH FOLDER.
6350
1 MR. FELDMAN: CAN I HAVE A MOMENT, PLEASE?
2 (PAUSE)
3
4 BY MR. FELDMAN:
5 Q. YOU SAID THAT THERE WAS — SOME OF THE PICTURES YOU
6 SAW YOU CALLED ANIME’, IS THAT RIGHT?
7 A. YES, SIR. YES, SIR.
8 Q. I’M SORRY. PLEASE DON’T SHARE.
9 A. OKAY.
10 Q. ANIME’ IS A PARTICULAR STYLE OF ART THAT’S
11 AVAILABLE ON THE INTERNET THAT DEPICTS SEX BUT IN CARTOON KIND
12 OF, ISN’T THAT RIGHT?
13 A. YES, SIR.
14 Q. AND JUST IN YOUR FORENSIC EXPERIENCE YOU’VE SEEN
15 LOTS OF ANIME’, HAVEN’T YOU?
16 A. YES, SIR.
17 Q. BECAUSE IT’S COMMONLY DOWNLOADED BY MANY PEOPLE,
18 ISN’T THAT RIGHT?
19 A. YES, SIR.
20 Q. AND THE SITES ROUTINELY FEATURE WHAT APPEAR TO BE
21 ASIAN WOMEN, IS THAT RIGHT?
22 A. I WOULD SAY THAT’S CLOSE.
23 Q. AND USUALLY ENGAGING OR ENGAGED IN SOME FORM OF
24 SEXUAL CONDUCT?
25 A. YES, SIR.
26 Q. DO YOU EVER HEAR OF ANIME’ DOT COM?
27 A. NOT — I HAVEN’T VIEWED THAT SITE, NO, SIR.
28 Q. I THINK THE FIRST SERIES IS STILL PHOTOS I BELIEVE,
6351
1 BUT THIS IS MY MEMORY, WHICH I DON’T EVEN WANT TO GO THERE.
2 AND ONE OF THE SERIES OF STILL PHOTOS THAT WE SAW
3 WAS A SERIES OF ANIME’ PHOTOS. IS THAT A FAIR WAY TO DESCRIBE
4 IT?
5 A. THERE WERE SEVERAL ANIME’ PHOTOS, YES, SIR.
6 Q. WITH REGARD TO THOSE ANIME’ SHOTS OR PHOTOS THAT WE
7 SAW CAN YOU TELL US FROM WHAT COMPUTER THEY SOURCED?
8 A. YOU MEAN, WHERE IT WOULD — THE IMAGES THAT WE —
9 THAT WERE SHOWN WERE FROM THE LOOSE MEDIA FROM I BELIEVE IT WAS
10 ONE OF THE ZIP DISKS, AND YOU’RE ASKING WHAT COMPUTER IT CAME
11 FROM?
12 Q. CAN YOU TELL?
13 A. NO, I CANNOT.
14 Q. ALL RIGHT.
15 BUT YOU CAN TELL THE DATE OF LAST ACCESS BECAUSE
16 IT’S ON A ZIP, OR AT LEAST POTENTIALLY YOU MAY BE ABLE TO TELL
17 THE DATE OF LAST ACCESS BECAUSE IT’S ON A ZIP DISK, IS THAT
18 RIGHT?
19 A. YES, SIR.
20 Q. AND ALSO CAN YOU TELL BY LOOKING AT THE HARD DRIVE
21 OF ALL OF THE COMPUTERS WHETHER OR NOT THE FILE NAMES THAT
22 APPEAR ON THE EXHIBIT SOURCE FROM ANY OF THE OTHER COMPUTERS.
23 DO YOU UNDERSTAND OR SHOULD I TRY THAT AGAIN?
24 A. NO. I UNDERSTAND WHAT YOU’RE SAYING. IT WAS VERY
25 DIFFICULT — WELL, YES, THERE WERE — SEVERAL OF THE FILES CAME
26 FROM ALL — LET’S SEE, I’M SORRY. CAN I HAVE CAN YOU ASK THE
27 QUESTION ONE MORE TIME?
28 Q. SURE. WHAT I’M TRYING TO FIGURE OUT IS WHETHER OR
6352
1 NOT — WELL, LET’S TRY IT THIS WAY.
2 WITH REGARD TO THE PHOTOS THAT WE SAW, EACH OF
3 THOSE PHOTOS CAME FROM A COMPUTER FILE, RIGHT?
4 MR. CLARKE: OBJECTION, VAGUE AS FRAMED.
5 THE COURT: REPHRASE IT.
6 MR. FELDMAN: I’M TRYING TO BE UNVAGUE.
7 Q. WITH REGARD TO THE PHOTOS THAT YOU TESTIFIED TO
8 THAT WE HAD THE T.V. IN HERE, EACH OF THOSE PHOTOS WAS A DIGITAL
9 IMAGE, IS THAT RIGHT?
10 A. YES, SIR.
11 Q. WITH REGARD TO THE DIGITAL IMAGES, EACH DIGITAL
12 IMAGE HAS A FILE NAME, IS THAT CORRECT?
13 A. THAT IS CORRECT.
14 Q. YOU IDENTIFIED THE FILE NAMES AS THE EXHIBIT WAS
15 PUT TOGETHER; IS THAT CORRECT?
16 A. YES.
17 Q. THE FILE NAME IS A CONSTANT, IS IT NOT? IN OTHER
18 WORDS, IT STAYS FROM MEDIA TO MEDIA?
19 A. NO. THAT’S NOT ENTIRELY ACCURATE.
20 Q. PLEASE.
21 A. THE FILE NAMES IN THESE CASES, ALL THE FILES — OR
22 MOST OF THE FILES, I’M SORRY, THE STILL IMAGES OR DIGITAL PHOTOS
23 HAD A NAMING CONVENTION OF IEA, AND THEN A SERIES OF NUMBERS.
24 ALL THE IMAGES, AGAIN, IT WAS A ONE TYPE OF CONVENTION ON HOW
25 THEY WERE NAMED. IT APPEARS TO ME FROM THE NUMBER OF CASES I
26 DID OR HAVE DONE AT THE LAB THAT THE FILES HAD BEEN RENAMED —
27 HAD BEEN RENAMED ONCE THEY GOT TO THE COMPUTERS IN QUESTION.
28 Q. DID YOU SEARCH USING ENCASE THE COMPUTERS TO
6353
1 DETERMINE WHETHER OR NOT THERE WAS ANY IEA FILES?
2 A. YES.
3 Q. DID YOU FIND ANY?
4 A. QUITE A FEW.
5 Q. DID YOU SEARCH THE COMPUTERS USING ENCASE TO
6 DETERMINE WHETHER OR NOT THERE WERE ANY IEA FILES THAT HAD BEEN
7 ERASED?
8 A. THERE WERE SEVERAL THAT HAD BEEN ERASED, YES, SIR.
9 Q. YOU USED THE WORD “SEVERAL.” WHAT NUMBER DO YOU
10 MEAN TO COMMUNICATE?
11 A. I DON’T KNOW THE NUMBER BUT I WILL GRANT YOU
12 PROBABLY SEVERAL HUNDRED.
13 Q. ISN’T IT CORRECT THAT YOU WERE UNABLE TO LINK THE
14 QUESTIONABLE IMAGES TO THE WESTERFIELD OFFICE COMPUTERS?
15 MR. CLARKE: OBJECTION, VAGUE.
16 THE COURT: SUSTAINED. REPHRASE IT.
17
18 BY MR. FELDMAN:
19 Q. SIR, WITH REGARD TO YOUR WORK ON THE CASE, YOU
20 PREPARED A SERIES OF REPORTS; IS THAT CORRECT?
21 A. YES, SIR.
22 Q. YOU PREPARED THE REPORTS AT TIMES WHEN THE EVENTS
23 WERE FRESHER IN YOUR MIND THAN THEY ARE TODAY?
24 A. YES.
25 Q. YOU REVIEWED THE REPORTS TO INSURE THAT THEY WERE
26 ACCURATE; IS THAT CORRECT?
27 A. YES, SIR.
28 Q. YOU SPECIFICALLY INDICATED IN ONE OF THE REPORTS
6354
1 THAT NO, YOU WERE UNABLE TO LINK THE QUESTIONABLE IMAGES TO THE
2 WESTERFIELD OFFICE COMPUTERS. THOSE WERE YOUR WORDS; ISN’T THAT
3 CORRECT?
4 A. YES, SIR.
5 MR. FELDMAN: I HAVE NO FURTHER QUESTIONS AT THIS TIME.
6 THE COURT: ALL RIGHT.
7 MR. CLARKE, ANY REDIRECT?
8 MR. FELDMAN: EXCUSE ME, I’M SORRY. I’M SORRY. I’M
9 SORRY.
10 (PAUSE)
11 MR. FELDMAN: NO FURTHER QUESTIONS. THANK YOU.
12 THE COURT: MR. CLARKE.
13 MR. DUSEK: YOUR HONOR, I HAVE TWO BINDERS I’D LIKE TO
14 HAVE MARKED IN THIS CASE.
15 THE COURT: I THINK IT’S APPROPRIATE.
16 MR. FELDMAN: YOUR HONOR, I WANT A MOMENT WITH COUNSEL,
17 PLEASE.
18 THE COURT: ALL RIGHT.
19 (PAUSE)
20 MR. FELDMAN: YOUR HONOR, CAN WE SIDEBAR THIS?
21 THE COURT: NO. WE’RE GOING TO HAVE A FULL DISCUSSION
22 REGARDING THIS.
23 LADIES AND GENTLEMEN, I’M GOING TO SEND YOU HOME
24 EARLY. PLEASE REMEMBER THE ADMONITION OF THE COURT NOT TO
25 DISCUSS ANY OF THE EVIDENCE OR TESTIMONY AMONG YOURSELVES OR
26 WITH ANY OTHER PERSONS, NOR FORM OR EXPRESS ANY OPINIONS ON THE
27 CASE UNTIL IT IS SUBMITTED TO YOU FOR DECISION.
28 WE KNOW BARRY BONDS IS GOING TO GET UP AT LEAST
6355
1 FOUR TIMES. IF WE CAN DO SOMETHING ABOUT IT MAYBE WE’LL BE
2 WINNERS.
3 TOMORROW WE ARE GOING TO BE ABLE TO START AT OUR
4 NORMAL TIME, 9 O’CLOCK. HAVE A SAFE AND A PLEASANT EVENING.
5 WE’LL SEE YOU AT 9:00 A.M. TOMORROW MORNING.
6 (AT 4:16 P.M. THE JURY WAS EXCUSED
AND THE FOLLOWING PROCEEDINGS WERE HAD:)
7
8 MR. FELDMAN: YOUR HONOR, WE HAVE A —
9 THE COURT: ALL RIGHT.
10 THE RECORD SHOULD REFLECT THE JURORS AND ALTERNATES
11 HAVE LEFT THE COURTROOM.
12 MR. WATKINS, I’M NOT SURE WHAT, IF ANYTHING, YOU’RE
13 GOING TO HAVE TO DO WITH THIS DISCUSSION. HOWEVER, IT MAY MAKE
14 A DIFFERENCE ON WHEN YOU’RE NEEDED BACK AS A WITNESS. SO YOU
15 CAN KINDLY HAVE A SEAT IN THE COURTROOM.
16 THE WITNESS: THANK YOU, YOUR HONOR.
17 MR. FELDMAN: COULD YOU JUST GIVE US A BRIEF THREE-MINUTE
18 RECESS, PLEASE, OR —
19 THE COURT: ALL RIGHT.
20 MR. FELDMAN: THANK YOU.
21 THE COURT: WE’LL BE IN RECESS UNTIL 20 MINUTES AFTER.
22 MR. FELDMAN: THANK YOU.
23 (RECESS)
24 THE COURT: ALL RIGHT.
25 IN THE WESTERFIELD MATTER, THE RECORD WILL REFLECT
26 THE APPEARANCE OF COUNSEL AND MR. WESTERFIELD. THE JURORS AND
27 ALTERNATES ARE NOT HERE.
28 FIRST I’LL HEAR FROM YOU, MR. FELDMAN.
6356
1 MR. FELDMAN: ARE WE DISCUSSING EVIDENTIARY MATTERS
2 CONCERNING ADMISSIBILITY?
3 THE COURT: NO. WE’RE DISCUSSING THE ALLEGED IMAGES IN
4 THIS MATTER THAT ARE NOW A MATTER OF PUBLIC RECORD, MR. FELDMAN.
5 MR. FELDMAN: I DON’T UNDERSTAND THAT ONE.
6 THE COURT: I’LL TELL YOU WHY. YOU PUT EVERYTHING IN
7 ISSUE.
8 MR. FELDMAN: I DIDN’T PUT IT IN ISSUE. I DIDN’T PARSE
9 OUT A VERY LIMITED SELECTION WHICH IN OUR VIEW MAY HAVE
10 DISTORTED THE MANNER IN WHICH THE EVIDENCE WAS PRESENTED. WE
11 JUST TRIED TO SHOW THE FULL PICTURE, YOUR HONOR, SO THAT THE
12 JURY COULD GET A COMPLETE PICTURE OF EVERYTHING INSTEAD OF NINE
13 OUT OF A THOUSAND OR 10,000.
14 THE COURT: YOU’VE REPRESENTED TO THIS JURY, MR. FELDMAN,
15 THAT OUT OF A HUNDRED THOUSAND IMAGES THERE ARE ONLY 13 THAT ARE
16 SUCH THAT THE DISTRICT ATTORNEY CAN FIND AGAINST YOUR CLIENT.
17 YOU KNOW, I KNOW, THAT IS NOT TRUE.
18 MR. FELDMAN: YOUR HONOR, I ASKED —
19 THE COURT: THE OBJECTIONS THAT HAVE BEEN RAISED, THE
20 OBJECTIONS THAT WERE RAISED BY THE PEOPLE IN HERE ARE THE BEST
21 EVIDENCE RULE. I DEFERRED THOSE SPECIFICALLY BECAUSE OF THE
22 FACT THAT WE HAVE DONE EVERYTHING HUMANLY POSSIBLE TO STRUCTURE
23 THIS PARTICULAR ISSUE OUT OF THE PRESENCE OF THE MEDIA AND THE
24 PUBLIC. OVER YOUR OBJECTION I MADE FINDINGS THAT THIS IS
25 RELEVANT MATERIAL. I REALIZE YOU DISAGREE WITH THAT.
26 BASED ON THAT I ASKED THE DISTRICT ATTORNEY TO PARE
27 IT DOWN SO WE CAN SEE THE IMAGES THEY WANTED TO USE IN TRIAL
28 APART FROM ALL OF THE IMAGES THEY COULD HAVE USED. THEY DID
6357
1 THAT. WE HAD A HEARING. YOU ARGUED. I PARED IT DOWN. I DID
2 THAT UNDER 352 TO MINIMIZE YOUR CLIENT’S EXPOSURE, TO MINIMIZE
3 THE PREJUDICIAL IMPACT AND ALLOW THE PEOPLE TO PUT ON THEIR
4 CASE.
5 AND THE VERY FIRST THING YOU DO ON
6 CROSS-EXAMINATION IS SAY HOW MANY IMAGES WERE THERE. A HUNDRED
7 THOUSAND. AND WE GET DOWN TO 13. NOW, THIS IS A SEARCH FOR THE
8 TRUTH, BELIEVE IT OR NOT, AND THE TRUTH IS THERE ARE MORE THAN
9 13 IMAGES.
10 NOW, YOU TELL ME, MR. FELDMAN, WHY YOU HAVE NOT
11 OPENED THE DOOR TO EVERY SINGLE IMAGE THAT IS ON EVERY DISK THAT
12 WAS CONFISCATED FROM THAT HOUSE. I’D BE VERY INTERESTED IN
13 HEARING IT.
14 MR. FELDMAN: IF THE COURT THINKS THAT THAT’S THE
15 APPROPRIATE RULING, SO BE IT. I CAN ASSURE YOU, YOUR HONOR, AND
16 YOU KNOW, I’VE BEEN BEFORE YOU IN THIS ENTIRE TRIAL, NOT ONCE,
17 NOT ONCE HAVE I SOUGHT TO END RUN ANY RULING YOU MADE.
18 IF YOUR VIEW IS THAT I OPENED THE DOOR, I CERTAINLY
19 DID NOT INTEND TO. BUT I, VERY FRANKLY, ALWAYS UNDERSTOOD, AND
20 EVERY HEARING WE’VE CONDUCTED HAS BEEN TO ADDRESS, FROM
21 PRELIMINARY ON, TO ADDRESS HOW MANY TOTAL IMAGES THERE WERE AND
22 WHAT THE PEOPLE HAD PARSED IT OUT TO BE. AND IF YOUR HONOR’S
23 VIEW IS THAT THAT’S OPENED THE DOOR, JUST UNDERSTAND I CERTAINLY
24 DID NOT INTEND TO END RUN ANY OF YOUR RULINGS. I DIDN’T DO IT
25 TO FRONT YOUR HONOR OFF IN ANY WAY. I INTEND TO BE RESPECTFUL
26 AND I THINK I HAVE BEEN.
27 THE COURT: THE QUESTION THAT IMMEDIATELY COMES TO MY
28 MIND, MR. FELDMAN, IS WHY WE SPENT ALL THE TIME WE DID WITH YOUR
6358
1 OBJECTIONS AND ME STRUCTURING THE CASE THAT THE PEOPLE WOULD BE
2 ABLE TO PRESENT WHEN YOU APPARENTLY KNEW ALL ALONG THAT YOU
3 INTENDED TO ARGUE THAT OUT OF THIS HUNDRED THOUSAND IMAGES SUCH
4 A SMALL PERCENTAGE RELATES TO IT. AND NOW YOU HAVE LEFT THIS
5 IMPRESSION ON THE JURY THAT THE 13 IMAGES, OR WHATEVER THE
6 NUMBER IS, PLUS THE ONE VIDEO IS ALL THERE IS.
7 MR. FELDMAN: YOUR HONOR, THE POLICE REPORT OF MR.
8 WATKINS PLAINLY INDICATES NO MORE THAN I THINK IT MAY BE 80
9 TOTAL QUESTIONABLE IMAGES. IF YOU RULE THAT THOSE ARE
10 ADMISSIBLE, SO BE IT. BUT — BUT I WANT THE RECORD EXPLICITLY
11 CLEAR I DID NOT INTEND TO OPEN ANY DOORS. IF I DID SO IT WAS
12 INADVERTENT.
13 I UNDERSTAND THE COURT’S CONCERN. I’M DOING THE
14 BEST I CAN FOR MY CLIENT.
15 THE COURT: ALL RIGHT.
16 MR. DUSEK, DO YOU DESIRE TO BE HEARD ON THE
17 OBJECTION? I THINK I GOT THE TEXT OF IT AND, MR. CLARKE, CAN I
18 ASSUME THAT BECAUSE YOU’RE SEEKING TO INTRODUCE VIRTUALLY
19 EVERYTHING THAT THERE IS IN THIS CASE, THAT WE’RE TO THE POINT
20 THAT THE COURT HAS JUST ELICITED?
21 MR. CLARKE: I THINK, AS THE COURT NOTED, I’M AT A LOSS
22 FOR WHY WE EVEN HELD A HEARING AT THIS POINT BASED ON THE
23 DEFENDANT’S OBJECTION. I THINK AT THIS POINT THE JURY HAS
24 CLEARLY BEEN MISLED AS A RESULT OF CROSS-EXAMINATION AND AT THIS
25 POINT, AS THE COURT KNOWS, WE HAVE HUNDREDS AND HUNDREDS OF
26 PORNOGRAPHIC PHOTOS, AND I THINK THE JURY IS NOW IN A POSITION
27 THAT IT NEEDS TO HEAR THAT DUE TO THEIR BEING MISLED DURING
28 CROSS-EXAMINATION.
6359
1 THE COURT: I CONCUR.
2 LET’S MARK THEM FOR THE RECORD.
3 MR. FELDMAN: YOUR HONOR, JUST ONE FURTHER MATTER WITH
4 REGARD TO THE RECORD. TWO FURTHER MATTERS.
5 FIRST OF ALL, THERE IS NO BEST EVIDENCE RULE, SO I
6 COULDN’T READ WHAT THE COURT WAS TALKING ABOUT WHEN THE COURT
7 WAS — WHEN MR. DUSEK WAS ARGUING THE BEST EVIDENCE BECAUSE THAT
8 WAS ABOLISHED. THERE IS NO BEST EVIDENCE LAW.
9 I DID NOT, YOU KNOW — NOBODY SAID LET’S SIDE BAR
10 IT. EVERY OTHER TIME IN THIS TRIAL THAT THERE’S EVER BEEN AN
11 ISSUE THE COURT HAS DIRECTED THE PARTIES TO REQUEST A SIDE BAR.
12 THAT NEVER HAPPENED HERE.
13 NOW, IT SEEMS THAT IF THERE’S TO BE SOME — WELL,
14 THAT DIDN’T HAPPEN. THAT WOULD HAVE BEEN AN APPROPRIATE WAY TO
15 ADDRESS THE ISSUE HAD I REALIZED THAT IT WAS RAISING, I’LL SAY,
16 THE COURT’S BLOOD PRESSURE.
17 OUR POSITION HAS ALWAYS BEEN SEVER THE 311 COUNT
18 AND 352. IT HASN’T CHANGED. WE RAISED FEDERAL DUE PROCESS AND
19 THE EIGHTH AMENDMENT AS WELL. AND SUBMIT IT.
20 THE COURT: ALL RIGHT.
21 I HEARD THE SEVERANCE MOTION. I HEARD THE MOTIONS.
22 I’VE RULED ON THOSE MOTIONS. I DID IT ALL IN THE FRIENDLY
23 CONFINES OF THIS COURTROOM WITHOUT ANY MEMBERS OF THE MEDIA OR
24 PUBLIC PRESENT IN AN EFFORT TO STRUCTURE THIS CASE IN A WAY THAT
25 WOULD MINIMIZE THE PREJUDICIAL IMPACT OF THIS INFORMATION. I
26 HAVE MADE SPECIFIC FINDINGS AS TO WHY IT’S RELEVANT AND I’M NOT
27 GOING TO REPEAT IT HERE.
28 IF THERE HAD BEEN ANY DOUBT, MR. FELDMAN, YOU COULD
6360
1 HAVE APPROACHED THE BENCH JUST AS EASILY AS THE PEOPLE. BUT YOU
2 ELICITED AND IMMEDIATELY WENT FOR THE JUGULAR, IF YOU WILL, IN
3 THE CROSS-EXAMINATION, AND YOU LEFT NO ROOM FOR DOUBT AS TO
4 WHERE YOU’RE GOING.
5 MR. CLARKE, LET’S MARK THESE THINGS FOR THE RECORD
6 AND THEN CALL IT A DAY.
7 MR. CLARKE: I BELIEVE THEY MAY HAVE BEEN, YOUR HONOR.
8 THE COURT: ALL RIGHT. IF YOU’LL JUST NOTE THEM FOR THE
9 RECORD.
10 MR. CLARKE: IDENTIFY THEM?
11 MR. FELDMAN: YOUR HONOR, I JUST WANT TO BE SURE THAT TO
12 THE EXTENT, IF THE COURT’S RULING NOW THAT IT’S ALL ADMISSIBLE,
13 WHICH IS HOW I’M READING THE COURT, I WANT TO MAKE SURE THAT WE
14 GET ADMITTED EVERYTHING, SO I KNOW THAT COUNSEL HAS TWO BINDERS,
15 I’VE GOT ANOTHER. I JUST WANT THE OPPORTUNITY TO —
16 THE COURT: YOU’RE WELCOME TO MARK IT, MR. FELDMAN. IF
17 THIS JURY WANTS TO LOOK AT ALL OF THIS MATERIAL THEY’RE GOING TO
18 BE WELCOME TO DO IT. BUT THIS DOOR HAS BEEN OPEN LIKE A BARN
19 YARD.
20 MR. FELDMAN: OF COURSE, THERE’S NO — AGAIN, THERE’S NO
21 RULE OF LAW ABOUT OPENING THE DOOR.
22 THE COURT: THERE MAY NOT BE ANY RULE OF LAW REGARDING AN
23 OPENING THE DOOR, THERE MAY NOT BE A BEST EVIDENCE RULE,
24 ALTHOUGH WE ALL KNOW WHAT IS ON THESE IMAGES AND ON THESE TAPES.
25 AND THE ONE THING I WILL ENSURE IN THIS COURTROOM IS THAT THERE
26 BE NO DISTORTIONS TO THE PEOPLE OF THIS COMMUNITY THAT ARE GOING
27 TO MAKE THIS DECISION. THEY ARE NOW GOING TO KNOW EVERYTHING.
28 ALL RIGHT. MR. CLARKE, PROCEED.
6361
1 (MARKED FOR ID: = TRIAL EX. 144-WHITE BINDER)
2 (“PORNOGRAPHIC IMAGES WESTERFIELD HARD DRIVE”)
3 (MARKED FOR ID: = TRIAL EX. 145, WHITE BINDER)
4 (“PORNOGRAPHIC WESTERFIELD LOOSE IMAGES.”)
5 (MARKED FOR ID: = TRIAL EX. 146, 8 COMPUTER PGS/IMAGES)
6 (MARKED FOR ID: = TRIAL EX. 147, 18 PPS COMPUTER IMAGES)
7 (MARKED FOR ID: = TRIAL EX. 148, 19 PPS COMPUTER IMAGES)
8 MR. CLARKE: YES, YOUR HONOR. WHAT’S BEEN MARKED COURT’S
9 EXHIBIT 144 IS A WHITE BINDER LABELED ON THE FRONT “PORNOGRAPHIC
10 IMAGES WESTERFIELD HARD DRIVES.”
11 THE COURT: ALL RIGHT.
12 MR. CLARKE: 145, A SIMILAR WHITE BINDER LABELED
13 “PORNOGRAPHIC WESTERFIELD LOOSE MEDIA.”
14 THE COURT: ALL RIGHT.
15 MR. CLARKE: AND THREE EXHIBITS PREVIOUSLY MARKED AT THE
16 PRELIMINARY HEARING IN THIS MATTER. COURT’S EXHIBIT 146 IS A
17 SERIES OF COMPUTER PAGES WITH IMAGES.
18 THE COURT: ALL RIGHT.
19 MR. CLARKE: I THINK TO DIFFERENTIATE —
20 THE COURT: HOW MANY PAGES?
21 MR. CLARKE: EIGHT.
22 THE COURT: ALL RIGHT.
23 MR. CLARKE: I DON’T KNOW IF THE COURT WANTS SOME ABILITY
24 TO DISTINGUISH THESE FROM THE NEXT THREE EXHIBITS, BUT 146
25 APPEARS TO DEAL WITH A DANIELLE AND SUSAN.
26 THE COURT: ALL RIGHT.
27 MR. CLARKE: 147 IS A SERIES OF PRINTED IMAGES, INCLUDING
28 MATERIAL THAT WAS LITIGATED PREVIOUSLY AT THE HEARING ON THIS
6362
1 MATTER.
2 THE COURT: ALL RIGHT.
3 MR. CLARKE: CONSISTING OF 18 PAGES.
4 THE COURT: ALL RIGHT.
5 MR. CLARKE: JUST TO DISTINGUISH IT FROM THE NEXT
6 EXHIBIT, THE FIRST IMAGE IS LABELED 001BR DOT JPG.
7 AND EXHIBIT 148 IS A SIMILAR FILE CONSISTING OF 19
8 PAGES OF PRINTED IMAGES.
9 THE COURT: WERE THOSE PRETRIAL IMAGES OR JUST —
10 MR. CLARKE: I BELIEVE THESE WERE ORIGINALLY MARKED AT
11 THE PRELIMINARY HEARING.
12 THE COURT: SO THEY WERE PRELIMINARY HEARING?
13 MR. CLARKE: YES.
14 THE COURT: ALL RIGHT.
15 MR. CLARKE: AND THE FIRST IMAGES ON EXHIBIT 148, OR THE
16 FIRST IMAGE IS LABELED EA7950 DOT JPG.
17 THE COURT: OKAY.
18 MR. FELDMAN: YOUR HONOR, JUST SO THAT THERE’S NO
19 DUPLICATION, I WONDER IF COUNSEL’S GONE THROUGH THOSE BECAUSE
20 WE’RE CONCERNED THAT THERE’S DUPLICATIONS.
21 THE COURT: ALL RIGHT. WELL, I’M GOING TO LEAVE THAT UP
22 TO THE TWO OF YOU, SO THAT IF THE DEFENSE WANTS TO FILE
23 SOMETHING ELSE THAT IT DOESN’T SEE THERE YOU’RE GOING TO BE
24 WELCOME TO DO IT.
25 ALL RIGHT. IS THERE ANYTHING WE NEED TO DISCUSS
26 BEFORE TOMORROW MORNING?
27 MR. DUSEK: NO.
28 THE COURT: ALL RIGHT. WE’LL SEE YOU HERE GENERALLY
6363
1 BEFORE 9 O’CLOCK. WE’LL BE IN RECESS UNTIL 9:00 A.M. TOMORROW
2 MORNING.
3 MR. BOYCE: YOUR HONOR, WITH ONE OTHER MATTER.
4 ON THESE IMAGES, THERE WERE A FEW IMAGES THAT WERE
5 KEPT UNDER SEAL BY THE COURT AT THE PRELIMINARY HEARING. I
6 THINK THEREFORE, OTHER REASONS OUTSIDE OF 352, I THINK THEY WERE
7 IMAGES OF A —
8 THE COURT: APPARENTLY THE PEOPLE HAVEN’T SOUGHT TO
9 INTRODUCE THOSE, HAVE YOU?
10 MR. CLARKE: I’M SORRY. I MISSED WHICH IMAGES.
11 THE COURT: SOME THAT WERE UNDER SEAL AS A RESULT OF THE
12 PRELIMINARY HEARING?
13 MR. CLARKE: I DON’T BELIEVE I HAVE — WELL, EXCUSE ME.
14 THE COURT: THESE WERE UNDER SEAL?
15 MR. CLARKE: ALL OF THEM WERE.
16 THE COURT: WELL, THEY’RE ALL MARKED NOW AT THIS POINT IN
17 TIME. WE’LL DEAL WITH THEM WHEN AND IF THE PEOPLE SEEK TO
18 INTRODUCE ‘EM.
19 ALL RIGHT. WE’RE IN RECESS.
20 (AT 4:31 P.M. AN ADJOURNMENT WAS TAKEN
UNTIL 9:00 A.M. WEDNESDAY, JUNE 26, 2002)
21
–O0O–
22
23
24
25
26
27
28