53 – Day 14- June 26th 2002 – Transcript criminal trial David Westerfield

TRIAL DAY 14 – PART 1 – morning 1
SAN DIEGO, CALIFORNIA, WEDNESDAY, JUNE 26, 2002, 9:20 A.M. (morning 1)


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)



–O0O–
THE COURT: WELCOME BACK, LADIES AND GENTLEMEN.
JUROR 15, THANK YOU FOR CALLING AND LETTING US KNOW YOU WERE RUNNING BEHIND. WE USED THAT OPPORTUNITY TO TAKE UP SOME ISSUES THAT WILL MAKE THE TRIAL GO FASTER. UNFORTUNATELY, IT TOOK A LITTLE MORE TIME THAN YOUR DELAY, BUT WE DO APPRECIATE YOUR KEEPING US ABREAST OF YOUR RUNNING LATE.
I HOPE NONE OF YOU TURNED OFF THE BALLGAME TOO SOON LAST NIGHT. THERE WERE MANY OCCASIONS WHEN YOU COULD HAVE. BUT IT WAS AN EXCITING GAME.
I NEED TO ALERT YOU TO A NATIONAL NEWS, I BELIEVE IT IS C. B. S. HAS APPARENTLY ELECTED TO DO A SERIES OF SHOWS OR AT LEAST NEWS SEGMENTS ON ANIME’, THE KINDS OF THINGS YOU SAW YESTERDAY, CARTOON ANIMATIONS OF INDIVIDUALS ENGAGED IN VARIOUS SEX ACTS. AND THEY ARE DOING IT AS KIND OF A COMMENTARY. IT HAS NOTHING TO DO WITH THIS CASE, BUT OBVIOUSLY THEIR TIMING IS SOMETHING THAT CAUSES ME SOME CONCERN BECAUSE I’M ASSUMING THAT MOST OF YOU, IF YOU ARE GOING TO GATHER NEWS, HAVE FELT PRETTY COMFORTABLE WITH THE NATIONAL NEWS SINCE FORTUNATELY THEY HAVEN’T BEEN, YOU KNOW, COVERING THIS PARTICULAR TRIAL. AT ANY RATE, IF YOU SEE SOMETHING ON THAT PARTICULAR SUBJECT, PLEASE DISREGARD IT BECAUSE, AGAIN, THOSE ARE GOING TO BE OPINIONS AND IMPRESSIONS FROM PEOPLE THAT ARE TALKING ABOUT IT FROM A COMPLETELY DIFFERENT PERSPECTIVE THAN THE WAY YOU’RE GOING TO BE CALLED UPON TO LOOK AT IT.
IN ADDITION TO THAT, I KNOW IT WAS ALMOST IMPOSSIBLE TO AVOID THE PICTURE THAT WAS ON THE FRONT PAGE OF THE LOCAL PAPER THIS MORNING, BUT I JUST WANT TO MAKE SURE AGAIN THAT YOU ARE REMINDED NOT TO READ ANY ARTICLES THAT RELATE TO THIS CASE BECAUSE YOU FOLKS ARE GOING TO SEE AND HEAR IT ALL AND YOUR IMPRESSIONS ARE THE ONES THAT ARE IMPORTANT, NOT SOME OTHER COMMENTATOR.
ALL RIGHT. MR. CLARKE.
MR. CLARKE: THANK YOU, YOUR HONOR.
THE COURT: DO YOU WANT TO GET YOUR WITNESS BACK.
MR. CLARKE: YES. MR. WATKINS, PLEASE.

JAMES M. WATKINS, JR., RESUMED

REDIRECT EXAMINATION
BY MR. CLARKE:
Q: MR. WATKINS, GOOD MORNING.
A: GOOD MORNING.
Q: YESTERDAY AS PART OF THE TESTIMONY THAT YOU GAVE TO THE JURY IN THIS CASE I THINK YOU DESCRIBED THAT YOU FOUND IN YOUR SEARCHES OF THE COMPUTERS INSIDE THE WESTERFIELD RESIDENCE AS WELL AS THE C.D.’S AND ZIP DISKS AND SO ON SOMETHING ON THE ORDER OF A HUNDRED THOUSAND IMAGES. IS THAT CORRECT?
A: THAT IS CORRECT.
Q: ALL RIGHT.
WHEN YOU USE THE TERM IMAGES, DOES THAT INCLUDE JUST, FOR EXAMPLE, PHOTOGRAPHS OF PEOPLE?
A: NO, IT DOES NOT.
Q: WHAT ELSE DOES IT INCLUDE WITHIN THAT ONE HUNDRED THOUSAND OR SO IMAGES?
A: WELL, IF YOU LOOK AT — IF YOU TURN THE COMPUTER ON, THE FIRST THING YOU’LL NOTICE IS YOU’LL SEE A SCREEN THAT SAYS, YOU KNOW, STARTING WINDOWS. THAT’S THE FIRST THING. THAT IS A GRAPHIC IMAGE. THAT’S AN IMAGE FILE. ONCE YOU HAVE THE COMPUTER TURNED ON, YOU HAVE A START SCREEN, A LITTLE START BUTTON. YOU HAVE THE ICONS ON THE SCREEN. ALL OF THOSE — ON EACH ONE OF THOSE IS CONSIDERED A GRAPHIC IMAGE FILE.
GRAPHIC IMAGE FILE IS ANYTHING WHICH IS BASICALLY A PICTURE. NOT NECESSARILY A PHOTOGRAPH, BUT A PICTURE, SUCH AS THE ICONS. IF YOU HAVE A PROGRAM THAT MIGHT HAVE AN ARROW, SOMETHING INNOCUOUS, THEY ARE JUST THOUSANDS AND THOUSANDS OF THESE TYPES OF FILES ON A COMPUTER.
Q: YOU WERE ABLE TO DETERMINE THE — I’M SORRY. HELP ME WITH THE TERM. WHAT TYPE OF SOFTWARE OR APPLICATION ACTUALLY RUNS A COMPUTER? WHAT’S THAT CALLED?
A: IT’S CALLED AN OPERATING SYSTEM. AND IN THIS — IN THIS CASE YOU MIGHT HAVE WINDOWS.
Q: OKAY.
IS WINDOWS AN OPERATING SYSTEM?
A: YES, IT IS.
Q: IS THERE ANY WAY FOR YOU TO ESTIMATE ROUGHLY OR HOWEVER PRECISE YOU CAN BE THE NUMBER OF THESE IMAGES THAT THE OPERATING SYSTEM ITSELF WOULD HAVE AS OPPOSED TO IMAGES LATER PLACED EITHER ONTO A COMPUTER OR A C.D., ZIP DISK, ET CETERA?
A: THE WINDOWS OPERATING SYSTEM IS GOING TO HAVE APPROXIMATELY A COUPLE OF THOUSAND IMAGE FILES JUST IN AND OF ITSELF. THAT’S IF YOU DON’T HAVE OTHER PROGRAMS INSTALLED SUCH AS MICROSOFT OFFICE, WHICH WOULD HAVE WORD, OR XCEL, ANY OTHER PROGRAM YOU INSTALL ARE GOING TO HAVE HUNDREDS IF NOT THOUSANDS OF THESE TYPE OF IMAGE FILES.
Q: FOR EACH PROGRAM?
A: EACH PROGRAM, YES, SIR.
Q: SO IF SOMEONE HAS A PROGRAM LIKE A WORD PROCESSING PROGRAM, DOES IT HAVE IMAGE FILES AS WELL?
A: YES, IT DOES.
MR. CLARKE: NOW, YOUR HONOR, I BELIEVE I HAVE HAD PREVIOUSLY MARKED AND DESCRIBED FOR THE RECORD TWO BINDERS.
THE COURT: ALL RIGHT.
MR. CLARKE: EXHIBITS 144 AND 145.
THE COURT: CORRECT.
BY MR. CLARKE
Q: MR. WATKINS, SHOWING YOU THESE TWO BINDERS THAT HAVE BEEN MARKED EXHIBITS 144, 145. HAVE YOU HAD A CHANCE PREVIOUSLY TO LOOK AT THOSE BINDERS?
A: YES, I HAVE.
Q: CAN YOU TELL US GENERALLY WHAT THEY CONTAIN.
A: THESE ARE TWO BINDERS THAT I PREPARED FROM MY EXAMINATION OF THE COMPUTERS. AND THEY CONTAIN GRAPHIC IMAGE FILES THAT APPEAR TO BE PHOTOGRAPHS OF WOMEN, SEVERAL OF THEM ARE ENGAGED IN SEXUAL ACTS. THEY DON’T HAVE CLOTHES ON. THERE’S CARTOONS, ANIMATED FILES. SOME OF THOSE ARE PORNOGRAPHIC IN NATURE.
Q: IS THERE ANY WAY TO ESTIMATE THE NUMBER OF PHOTOGRAPHS OR IMAGES, RATHER, CONTAINED IN EXHIBITS 144 AND 145?
A: I BELIEVE THERE’S GOING TO BE APPROXIMATELY, I WOULD GUESS, BETWEEN — APPROXIMATELY EIGHT THOUSAND.
Q: ALL RIGHT.
THERE APPEAR TO BE IS IT MULTIPLE IMAGES PER PAGE ON THESE BINDER SHEETS?
A: YES, THERE ARE.
Q: CAN YOU TELL US ON AVERAGE HOW MANY THEY HAVE PER PAGE?
A: APPROXIMATELY SIXTEEN PER PAGE.
Q: WHERE WERE THESE IMAGES OBTAINED FROM?
A: THESE IMAGES WERE OBTAINED FROM THE COMPUTERS. AND THIS BOOK, THIS BOOK, THEY CAME FROM THE HARD DRIVES OF THE COMPUTERS IN THE OFFICE AND IN THE BEDROOM. THIS BOOK CONTAINS THE IMAGES FROM THE LOOSE MEDIA, THE THREE ZIP DISKS, AND THE TWO C.D. ROMS.
Q: JUST SO WE ARE CLEAR, WHEN YOU SAID THIS BOOK HAS INFORMATION COMING FROM THE HARD DRIVES, ARE YOU REFERRING TO EXHIBIT 144?
A: YES, SIR. 144.
Q: AND WHEN YOU DESCRIBED IMAGES COMING FROM THE, I THINK YOU SAID, THREE C.D.’S AND TWO ZIP DISKS. IS THAT CORRECT?
A: FLIP IT AROUND. TWO C.D.’S AND THREE ZIP DISKS.
Q: WERE THOSE — AND THAT APPLIES TO THE IMAGES THAT ARE FOUND IN EXHIBIT 145.
A: YES, SIR.
Q: ARE THOSE THE SAME C.D.’S AND ZIP DISKS THAT WERE LABELED AS ITEM NUMBER 12, TAKEN FROM THE BOOKSHELF IN MR. WESTERFIELD’S OFFICE?
A: YES, SIR.
Q: DO THOSE IMAGES INCLUDE IMAGES OF CHILDREN?
A: YES, THEY DO.
Q: DO THOSE INCLUDE IMAGES OF CHILDREN WHO ARE EITHER NUDE OR PARTIALLY CLOTHED?
A: YES, SIR.
Q: DO THESE IMAGES INCLUDE IMAGES BEYOND OR IN ADDITION TO THOSE THAT WERE SHOWN TO THE JURY YESTERDAY?
A: YES, SIR, THEY DO.
Q: I WOULD LIKE TO SHOW YOU, IF I COULD, ANOTHER EXHIBIT THAT’S BEEN PREVIOUSLY MARKED, WHAT HAS BEEN DESCRIBED AS A SERIES OF PAGES MARKED EXHIBIT 147.
A: YES, SIR.
Q: DO YOU SEE THAT?
A: YES, I DO.
Q: DO YOU RECOGNIZE IT?
A: YES, I DO.
Q: WHAT IS IT?
A: THESE ARE A SET OF ANIMATED OR, I’M SORRY, GRAPHIC IMAGE FILES OR ANIME’ AS THEY ARE CALLED THAT WERE RETRIEVED, I RECOVERED FROM ONE OF THE ZIP DISKS.
Q: IN ITEM NUMBER 12?
A: YES, SIR.
Q: WHAT DO THESE IMAGES DEPICT?
A: THEY ARE A SERIES OF OR TWO SERIES, EACH SERIES APPEARS TO BE — DEPICT WHAT APPEARS TO BE A YOUNG GIRL WHO IS ASSAULTED, BOUND, AND THEN ULTIMATELY RAPED.
Q: THE IMAGES APPEAR TO BE OF A CHILD.
MR. FELDMAN: YOUR HONOR, CAN YOU NOTE A CONTINUING OBJECTION.
THE COURT: I WILL NOTE THAT FOR THE RECORD.
BY MR. CLARKE:
Q: PERHAPS YOU CAN KEEP THEM FLAT, MR. WATKINS.
A: SORRY.
Q: DO THEY DEPICT THE TYING AND BINDING OF A CHILD?
A: YES.
Q: AND THE SEXUAL ASSAULT OF THAT CHILD?
A: YES, SIR.
Q: DO THEY ALSO INCLUDE TEXT?
A: YES, THEY DO.
Q: WHAT IS TEXT?
A: TEXT IS JUST WORDS THAT ARE SUPERIMPOSED ON TOP OF THE — OF EACH FRAME OR EACH GRAPHIC IMAGE.
Q: DOES THERE APPEAR TO BE TEXT WITH REGARD TO WHAT, ALL OF THE IMAGES IN THAT PARTICULAR EXHIBIT, SOME OF THEM, WHAT?
A: EACH IMAGE HAS SOME TEXT ON IT.
Q: OKAY.

JUST GENERALLY WHAT IS THE TYPE OF TEXT THAT’S CONTAINED ON THEM?
A: GENERALLY SPEAKING IT — THE — IT DEPICTS A GIRL BEING SURPRISED BY SOMEBODY BEHIND THEM. ANOTHER ONE DEPICTS SOMEONE TALKING ABOUT A GIRL WHO — THAT HAD A BUMP ON THEIR HEAD AND HOW THEY WANTED TO DO SEXUAL ACTS ON THEM. SOME OF THE WORDS WE’RE TALKING ABOUT WHAT ARE YOU DOING, WHAT ARE YOU GOING TO DO.
Q: OKAY.
DO THEY GENERALLY DEPICT WHAT ONE PERSON IS SAYING IN THE ANIME’ AND THEN WHAT THE OTHER PERSON IS SAYING AS WELL?
A: YES, SIR.
Q: INCLUDING WORDS OF THE CHILD?
A: YES.
Q: DOES THAT EXHIBIT CONSIST OF JUST ONE SERIES OR MORE THAN ONE SERIES?
A: IT CONSISTS OF TWO SERIES.
Q: IS THERE ANY DIFFERENCES BETWEEN THE TWO SERIES?
A: THEY ARE DIFFERENT, BUT THEY ARE — THEY ARE DIFFERENT SERIES, BUT THEY ARE SIMILAR IN THEME.
MR. CLARKE: YOUR HONOR, I’VE ALSO PREVIOUSLY MARKED AND DESCRIBED FOR THE RECORD A SERIES OF ADDITIONAL PAGES MARKED EXHIBIT 148.
BY MR. CLARKE:
Q: AND IF I CAN SHOW THOSE TO YOU, —
MR. FELDMAN: I’M SORRY. IS THIS 148?
THE COURT: 148.
BY MR. CLARKE:
Q: MR. WATKINS, DO YOU RECOGNIZE THAT EXHIBIT?
A: YES, I DO.
Q: WHERE WAS IT OBTAINED FROM?
A: THIS WAS OBTAINED FROM THE COMPUTER EVIDENCE FROM THE WESTERFIELD RESIDENCE. I BELIEVE THIS CAME FROM THE COMPUTER IN THE BEDROOM.
Q: ALL RIGHT.
WHAT DOES IT DEPICT?
A: IT DEPICTS SEVERAL DIGITAL PHOTOGRAPHS OF BESTIALITY.
Q: WHEN YOU USE THE TERM BESTIALITY, WHAT DO YOU MEAN?
A: BESTIALITY IS A TERM TO DEPICT PICTURES OR THE ACT OF A PERSON HAVING SEXUAL ACTS WITH ANIMALS.
Q: IF I CAN SHOW YOU NOW AN EXHIBIT THAT’S BEEN MARKED 146, AGAIN A SERIES OF PAGES. DO YOU RECOGNIZE THAT?
A: YES, SIR, I DO.
Q: WHAT IS IT?
A: IT’S A SERIES OF PHOTOGRAPHS THAT I RECOVERED OFF OF ONE OF THE COMPUTERS FROM THE OFFICE.
Q: ALL RIGHT.
GENERALLY WHAT DO THOSE PAGES DEPICT?
A: THE FIRST PAGE DEPICTS A FEMALE ADULT AND WHAT APPEARS TO BE A FEMALE JUVENILE IN A PORTRAIT-TYPE SETTING. AND THEN THE REMAINDER OF THEM DEPICT A FEMALE JUVENILE ON A CHAISE LOUNGE, APPEARS TO BE IN A BACKYARD. SHE’S DRESSED IN BIKINI, HAS DIFFERENT POSITIONS. SHE’S GOT A TOWEL OVER HER HEAD. THE PHOTOGRAPHS ARE TAKEN FROM CLOSE UP, FROM A DISTANCE. THE ANGLES ARE FROM NEXT TO HER, FROM THE SIDE, FROM LOOKING AT HER FROM DOWN AT HER FEET, AND VIEWED UP TOWARDS HER HEAD, WITH HER LEGS SPREAD.
Q: ALL RIGHT.
AS FAR AS THE INDIVIDUALS IN THOSE PHOTOGRAPHS, ARE ANY OF THOSE INDIVIDUALS IDENTIFIED AS A DANIELLE L.?
A: YES, SIR. THERE IS ONE THAT’S IDENTIFIED AS A DANIELLE, BUT THERE IS NO L. ON THE FILE NAMES THAT I COULD SAY.
Q: SO JUST THE FIRST NAME?
A: JUST THE FIRST NAME.
Q: IS THERE AN INDIVIDUAL ALSO IDENTIFIED IN ANY OF THOSE PHOTOGRAPHS OR IMAGES, RATHER, AS A SUSAN?
A: THERE IS ONE PHOTOGRAPH WITH THE ADULT FEMALE AND THE JUVENILE, THE TITLE OF IT IS DANIELLE AND SUSAN.
Q: NOW I’M GOING TO, IF I CAN, TAKE THOSE FROM OFF THE WITNESS STAND AND ASK YOU A SERIES OF QUESTIONS ABOUT COMPUTERS.
WHEN A FILE IS DELETED FROM A COMPUTER’S HARD DRIVE, CAN IT BE RECOVERED?
A: MANY TIMES YES.
Q: WHAT DETERMINES WHETHER IT CAN BE RECOVERED OR NOT?
A: WELL, YESTERDAY I MENTIONED — I WANT TO CLEAR SOMETHING UP. WHEN A FILE IS DELETED, WINDOWS USES AN INDEXING SYSTEM, AND I WON’T GET TOO TECHNICAL, AN INDEXING CALLED A FAT TABLE. THIS INDEXING SYSTEM BASICALLY TELLS THE COMPUTER WHERE ON THE HARD DRIVE THAT FILE IS LOCATED. ONCE A FILE IS DELETED, THE ENTRIES IN THAT INDEXING SYSTEM STILL REMAIN. THAT’S HOW WE CAN RECOVER A FILE AND STILL MAINTAIN THE FILE NAMES AND THE DATES.
AFTER A TIME THAT FILE LOCATION TABLE IS WRITTEN OVER, AND THE REFERENCE IS DELETED. ONCE THAT REFERENCE IS DELETED, THE FILE THEN GOES OUT INTO UNALLOCATED SPACE, AND WE CAN GO OUT AND RECOVER THE IMAGES BY LOOKING FOR, WE TALKED YESTERDAY, I TALKED ABOUT THE HEADER OF THE FILE, LIKE THE GRAPHIC IMAGE FILES, THE PIECE OF CODE AT THE BEGINNING OF THE FILE. WE HAVE PROGRAMS THAT GO OUT AND JUST LOOK FOR THOSE HEADER OF THE FILE AND ALSO A SIMILAR PIECE OF CODE AT THE END OF THE FILE CALLED A FOOTER. AND IT KNOWS THAT THIS IS THE BEGINNING OF THE FILE; THIS IS THE END OF THE FILE. AND THEN IT CARVES IT OUT FOR US.
ONCE IT DOES THAT, THE FILE NAME AND ATTRIBUTES ARE NO LONGER ACCESSIBLE.
Q: SO IN THAT CIRCUMSTANCE YOU CAN NEVER RECOVER THE DELETED FILE.
A: WE CAN RECOVER THE DELETED FILE, BUT WE CAN’T ASSOCIATE A NAME WITH IT. SO USUALLY WE’LL COME UP AND JUST ARBITRARILY GIVE IT THE NAME OF ONE, THEN TWO, THEN THREE.
Q: IS THERE A CIRCUMSTANCE WHERE YOU CANNOT RECOVER A DELETED FILE IF IT’S BEEN WRITTEN OVER?
A: YES. ONCE THAT IMAGE, THAT FILE IS OUT IN THAT UNALLOCATED SPACE AND IF ANOTHER FILE IS WRITTEN ON TOP OF IT, THE ORIGINAL FILE IS UNRECOVERABLE.
Q: IS THAT UNUSUAL, COMMON? TELL US.
A: THAT IS — THAT’S HOW THE OPERATING SYSTEM IS DESIGNED TO WORK. IT JUST WHENEVER YOU HAVE A NEW FILE YOU WANT TO SAVE, THE COMPUTER LOOKS FOR THE NEXT AVAILABLE UNALLOCATED SPACE TO ALLOCATE THAT FILE WHICH, HENCE, THE NAME UNALLOCATED AND ALLOCATED.
Q: SO IS THAT WHY IF I’M AT HOME DOING A PROJECT AND I FAILED TO OR ACCIDENTALLY DELETE IT, RATHER, SOMETIMES I CAN GET IT BACK?
A: YES. IF YOU PUT IT IN THE RECYCLE BIN, THEN YOU’RE ABLE TO RECOVER IT. ONCE YOU KIND OF TAKE IT OUT OF THE RECYCLE BIN AND PUT IT IN UNALLOCATED SPACE, YOU WOULD BE HARD-PRESSED TO RECOVER THAT FILE UNLESS YOU HAD THE TOOLS.
Q: NOW I WOULD LIKE TO TALK A LITTLE BIT ABOUT PERSONAL COMPUTERS AND CLOCKS. DOES A COMPUTER HAVE A CLOCK?
A: YES, IT DOES.
Q: HOW DOES THAT WORK?
A: THE COMPUTER HAS A CLOCK, AND IT HAS A SMALL BATTERY ON THE MOTHER BOARD WHICH IS THE ELECTRONIC KIND OF BRAIN OR WHAT ACTUALLY CONTROLS THE WHOLE COMPUTER. AND THERE’S A SMALL BATTERY. THE BATTERY POWERS THE CLOCK SO WHEN YOU TURN THE COMPUTER OFF AND UNPLUG IT, THAT CLOCK STILL GETS SOME POWER.
THE CLOCK ON THE COMPUTER IS EASILY CHANGED. IF YOU ARE IN WINDOWS, ALL YOU HAVE TO DO IS CLICK ON THE LITTLE CLOCK IN THE RIGHT CORNER, AND IT BRINGS UP A SCREEN. YOU CHANGE THE TIMES, CLOSE IT, AND NOW THE CLOCK ON YOUR COMPUTER HAS BEEN RESET.
Q: DOES THE CLOCK IN A COMPUTER ALSO HAVE A DATE?
A: YES, IT DOES.
Q: IS THAT DONE IN A SIMILAR OR DIFFERENT MANNER TO ITS KEEPING OF THE CLOCK?
A: WHEN YOU DOUBLE-CLICK ON THAT LITTLE ICON ON THE RIGHT ON THE TIME ON THE RIGHT-HAND CORNER, IT ALSO BRINGS UP A CALENDAR AS WELL.
Q: CAN THOSE DATES AND TIMES BE WRONG ON A COMPUTER?
A: YES, THEY CAN.
Q: DO YOU SEE THAT IN YOUR INVESTIGATIONS OF CASES INVOLVING PERSONAL COMPUTERS?
MR. FELDMAN: OBJECTION. IRRELEVANT.
THE COURT: OVERRULED.
YOU CAN ANSWER.
THE WITNESS: YES, SIR, WE DO.
BY MR. CLARKE:
Q: IS THAT UNUSUAL, COMMON, WHAT?
A: IT’S QUITE COMMON.
Q: ARE BOTH OF THESE ITEMS, THE DATE AND THE CLOCK, SOMETHING THAT SOMEONE CAN CHANGE ANY TIME THEY WANT?
A: YES.
Q: I WOULD LIKE TO SHOW YOU A COUPLE OF EXHIBITS THAT I BELIEVE YOU TESTIFIED ABOUT YESTERDAY AFTERNOON.
A: YES.
Q: EXHIBIT 142 A AND B.
A: YES.
Q: I THINK YOU MAY HAVE USED THE TERM OR SOMEONE USED THE TERM SCREEN CAPTURE.
A: YES.
Q: WHAT IS A SCREEN CAPTURE AGAIN, BRIEFLY?
A: A SCREEN CAPTURE IS JUST A — LIKE A PHOTOGRAPH OF THE SCREEN OF THE COMPUTER.
Q: THESE PARTICULAR ITEMS A AND B RELATE TO WHAT GENERALLY?
A: THESE DEPICT A FORENSIC PROGRAM CALLED IN CASE, VERSION 3, MADE BY GUIDANCE SOFTWARE OUT OF PASADENA. IT’S A FORENSIC TOOL, AND IT DEPICTS A FILE IN THE WINDOWS TEMPORARY INTERNET FILE SPACE.
Q: ALL RIGHT.
WITH REGARD TO THOSE EXHIBITS, 142 A AND B, DO THEY HAVE ANYTHING TO DO WITH THE IMAGES THAT WERE SHOWN THE JURY YESTERDAY OR THE MOVIES?
A: NO, SIR.
Q: ARE THEY RELATED IN ANY WAY TO THE IMAGES CONTAINED IN THE TWO BINDERS I THINK EXHIBITS 144 AND 145?
A: NO, SIR.
Q: YOU TALKED A LITTLE BIT ABOUT HACKERS YESTERDAY.
A: A LITTLE BIT YESTERDAY.
Q: WE’RE NOT TALKING ABOUT GOLFERS I ASSUME.
A: NO, SIR, WE ARE NOT.
Q: ALL RIGHT.
WHAT IS A HACKER GENERALLY?
A: A HACKER IS SOMEONE WHO COMMITS UNAUTHORIZED ACCESS INTO A COMPUTER.
Q: IS THAT — DOES A HACKER DESCRIBE SOMEBODY WHO’S IN FRONT OF A COMPUTER TYPING AWAY AT IT OR SOMETHING ELSE?
A: TYPICALLY IT’S SOMEBODY WHO IS ACCESSING A COMPUTER FROM — BY REMOTE CONTROL FROM ANOTHER LOCATION.
Q: CAN A HACKER ACCESS, AGAIN SOMEONE IN A REMOTE LOCATION GET ACCESS TO A ZIP DISK, A C.D., OR ANY OF THE OTHER TYPE OF LOOSE MEDIA THAT’S NOT IN A COMPUTER AT THE TIME?
A: NOT IF IT’S NOT IN THE COMPUTER.
Q: CAN IT HAPPEN IF THE DISK IS IN THE COMPUTER?
A: IN CERTAIN CIRCUMSTANCES, YES, IT CAN.
Q: I ASSUME A HACKER FROM A REMOTE LOCATION CAN’T REMOVE A DISK FROM A COMPUTER AND PUT IT ON A BOOKSHELF.
A: NO, SIR. NOT TO MY KNOWLEDGE.
Q: NOW I WOULD LIKE TO TURN YOUR ATTENTION TO THE BEDROOM COMPUTER. DO YOU RECALL THAT PARTICULAR COMPUTER?
A: YES, SIR.
Q: WHAT BRAND WAS IT?
A: THAT WAS A GATEWAY COMPUTER.
Q: WHAT IS A REGISTERED USER?
A: WHEN YOU’RE INITIALLY INSTALLING SOFTWARE, YOU HAVE AN OPPORTUNITY TO PUT IN YOUR NAME. THE COMPUTER GIVES YOU AN OPPORTUNITY TO ENTER YOUR NAME AS THE REGISTERED USER OF THE SOFTWARE.
Q: WHEN DOES THAT HAPPEN?
A: WHEN YOU’RE INSTALLING THE SOFTWARE.
Q: OKAY.
WHAT DOES A PERSON DO WHEN THEY’RE ASKED TO PUT THEIR NAME IN?
A: MOST OF THEM PUT THEIR NAME IN.
Q: WERE YOU ABLE TO DETERMINE WHO WAS THE REGISTERED USER OF THAT BEDROOM COMPUTER?
A: YES, SIR.
Q: WHO?
A: DAVID A. WESTERFIELD.
Q: NOT DAVID NEAL WESTERFIELD?
A: NO, SIR.
Q: YOU TALKED, I BELIEVE, YESTERDAY ABOUT FINDING FIVE IMAGES ON THAT PARTICULAR BEDROOM COMPUTER THAT WERE SOME OF THE IMAGES OR IF NOT ALL OF THE IMAGES — WELL, LET ME REPHRASE THAT.
I THINK YESTERDAY YOU TALKED ABOUT FIVE IMAGES THAT WERE ON THAT BEDROOM COMPUTER. CORRECT?
A: YES, SIR, THAT IS CORRECT.
Q: WHAT WERE THOSE FIVE IMAGES?
A: IF — THE FIVE OF THE IMAGES I CAN GIVE YOU THE NAME, THE FILE NAMES. I DON’T HAVE THE IMAGES.
Q: WELL, LET’S TALK — PERHAPS WE CAN DO IT MORE QUICKLY. WERE ANY OR ALL OF THOSE FIVE IMAGES SHOWN TO THE JURY YESTERDAY?
A: ALL FIVE WERE.
Q: WERE THOSE ALL STILL IMAGES?
A: YES, SIR, THEY WERE.
Q: CAN YOU TELL FROM THAT BEDROOM COMPUTER WHEN THE SOFTWARE WAS FIRST INSTALLED?
A: IT APPEARS IT WAS INSTALLED IN NOVEMBER OF 1997.
Q: SO FOUR AND A HALF OR SO YEARS AGO?
A: YES, SIR.
Q: DID THAT COMPUTER HAVE ANY ITEMS ON IT DESIGNATED SPECTRUM DESIGN?
A: THE FILE, THE REGISTERED ORGANIZATION OF THE COMPUTER WAS SPECTRUM.
Q: WHAT ABOUT ANY OTHER ITEMS ON THE COMPUTER IN TERMS OF FILES, FOLDERS, ET CETERA?
A: THERE WAS A DELETED CARD FILE WHICH I FOUND ON OTHER COMPUTERS THAT WAS A VENDOR LIST OF SPECTRUM DESIGN.
Q: NOW, DELETED CARD FILE. TELL US WHAT THAT IS.
A: IT’S A FILE THAT ONCE WAS ON THE COMPUTER AND HAD SINCE BEEN DELETED.
Q: BUT YOU WERE ABLE TO FIND IT ANYWAY?
A: I WAS ABLE TO FIND, YES, SIR.
Q: SO THAT IS AN EXAMPLE OF SOMETHING THAT WHILE DELETED HADN’T BEEN WRITTEN OVER BY ANOTHER FILE.
A: MOST OF IT HAD BEEN WRITTEN OVER. THERE WERE ONLY FRAGMENTS LEFT.
Q: OKAY.
DESCRIBE THAT CARD FILE FOR US. WHAT DID IT CONTAIN?
A: IT CONTAINED SOME INFORMATION ON BUSINESS CONTACTS AND THAT SORT OF THING.
Q: BUSINESS CONTACTS. WHAT DO YOU MEAN?
A: OF COURSE I CAN’T RECALL THE ACTUAL NAME, SIR. BUT IT WOULD BE LIKE AN ADDRESS BOOK. YOU WOULD HAVE NAMES OF PEOPLE YOU DEALT — HAD BUSINESS WITH.
Q: SO DID IT HAVE NAMES AND ADDRESSES OF VENDORS OF VARIOUS — I’M SORRY. DID IT HAVE NAMES AND ADDRESSES OF VENDORS OF VARIOUS PRODUCTS?
A: IT HAD NAMES OF VENDORS I BELIEVE.
Q: DID THAT COMPUTER HAVE ANY MATERIAL RELATING TO THE DEFENDANT’S BUSINESS SPECTRUM DESIGN OTHER THAN THE CARD FILE?
A: THERE WERE SEVERAL BUSINESS PROGRAMS ON THE COMPUTER.
Q: AND BY BUSINESS PROGRAMS, WHAT DO YOU MEAN?
A: PROGRAMS LIKE COREL DRAW, PHOTO SHOP, MICROSOFT PUBLISHER, MICROSOFT OFFICE, PROGRAMS THAT TYPICALLY YOU DON’T SEE ON A PERSONAL COMPUTER BECAUSE OF THE EXPENSE.
Q: IN YOUR INVESTIGATIONS OF CASES AND YOUR EXPERIENCE WITH PERSONAL COMPUTERS, ARE THEY EVER HANDED DOWN BY PARENTS TO CHILDREN?
A: QUITE FREQUENTLY.
Q: AS FAR AS THE BEDROOM COMPUTER VERSUS THE COMPUTERS IN THE OFFICE, COULD YOU TELL ANY DIFFERENCES, IF ANY, IN TERMS OF THEIR NEWNESS?
A: THE COMPUTERS IN THE OFFICE APPEAR TO BE NEWER THAN THE COMPUTER IN THE BEDROOM.
Q: YOU ALSO DESCRIBED YESTERDAY A LAPTOP. DO YOU RECALL THAT?
A: YES, SIR, I DO.
Q: WAS THERE ANYTHING DIFFERENT IN TERMS OF WHAT WAS ON THE LAPTOP FROM THE PERSONAL COMPUTERS OR DESKTOPS? IS THAT THE CORRECT NAME?
A: YES, SIR.
Q: ALL RIGHT.
A: THE COMPUTER HAD — THE LAPTOP COMPUTER HAD MORE GAMES ON IT. AND I DIDN’T SEE ANY — THERE WAS NO ACCESS TO THE INTERNET WITH IT, NO. THERE WAS NO PORNOGRAPHY ON IT. AND THE INTERNET HISTORY, THERE WAS NOTHING IN THE INTERNET HISTORY FILES.
Q: OKAY.
INTERNET HISTORY FILES?
A: I’M SORRY. THEY — JUST SHOWING THAT THE COMPUTER HADN’T BEEN ACCESSED ON THE INTERNET.
Q: WERE THERE ANY FILES ON THE LAPTOP THAT HAD THE DESIGNATION I. E. A.?
A: NO, SIR, THERE WERE NOT.
Q: WAS THAT ADDRESS BOOK OR CARD FILE I THINK AS YOU DESCRIBED IT ON THE LAPTOP?
A: NO, SIR. IT WAS NOT.
Q: MOVING BACK IF WE CAN TO THE TWO COMPUTERS IN THE OFFICE, WERE THEY SEPARATE COMPUTERS?
A: YES, SIR, THEY WERE.
Q: DID THEY APPEAR TO BE SIMILAR OR DIFFERENT IN TERMS OF WHAT WAS ON THOSE COMPUTERS?
A: THEY WERE VERY SIMILAR. THERE WERE QUITE A FEW FILES THAT WERE DUPLICATES ON EACH ONE.
Q: DID THOSE COMPUTERS INCLUDE SPECTRUM DESIGN BUSINESS MATERIAL?
A: YES, SIR, THEY DID.
Q: NOW, IF I CAN SHIFT YOUR ATTENTION TO INTERNET ACCESS THAT YOU DESCRIBED YESTERDAY, IN PARTICULAR ALL THE COMPUTERS INSIDE THE WESTERFIELD HOUSE, CAN YOU TELL WHO DOWNLOADED, THAT IS, WHAT PERSON DOWNLOADED ANY OF THE IMAGES OR MOVIES IN THIS CASE?
A: NO, SIR, I CANNOT.
Q: CAN YOU TELL IF THE IMAGES AND MOVIES THAT WERE ON THE C.D.’S AND ZIP DISKS WERE EVER DOWNLOADED BY ANYONE?
A: NO, SIR, I CANNOT.
Q: WERE THEY LABELED IN ANY WAY?
A: THERE WERE LABELS ON THE — THEY ALL HAD FILE NAMES.
Q: IN TERMS OF — AND I THINK YOU DESCRIBED YESTERDAY LABELING OF THE C.D.’S. IS THAT RIGHT?
A: I’M SORRY. YES. THE C.D.’S BOTH HAD LABELS.
Q: WHAT WERE THOSE LABELS?
A: SPECTRUM ZERO ONE.
Q: NOW, IN TERMS OF THESE C.D.’S AND ZIP DISKS, I THINK YOU DESCRIBED YESTERDAY THAT THEY WERE ORGANIZED INTO FILES AND DIRECTORIES. IS THAT RIGHT?
A: YES, SIR.
Q: AND IS THIS SORT OF A COMPUTER METHOD OF LIKE A FILING CABINET, WHERE YOU HAVE FOLDERS?
A: EXACTLY.
Q: EXCEPT IT’S COMPUTERIZED INSTEAD OF MANILLA FOLDERS AND HARD FILE CABINETS, IS THAT RIGHT?
A: THAT IS CORRECT.
Q: AND I BELIEVE YESTERDAY YOU DESCRIBED THE FOLDERS AS HIGHLY ORGANIZED.
A: YES, SIR.
Q: WHAT DID YOU MEAN BY THAT?
A: AS I MENTIONED YESTERDAY, THERE WERE SEVERAL, THE FOLDERS, YOU HAD FOLDERS THAT STARTED WITH CARTOONS AND THEN UNDER CARTOONS YOU HAD OTHER FOLDERS THAT TALKED ABOUT — THAT HAD LABELS OF “JETSONS,” “FLINTSTONES,” “STAR TREK,” AND SO ON. AND THE COMPUTER HAD FOLDERS LIKE THAT WERE VERY DESCRIPTIVE, IT HAD FILES INSIDE THOSE FOLDERS THAT WERE DESCRIPTIVE OF THE LABEL.
Q: OKAY.
WHEN YOU USE, FOR EXAMPLE, THE FOLDER “JETSONS,” WHAT WAS INSIDE THOSE FOLDERS?
A: IN “JETSONS” THERE WERE SEVERAL ANIMATED OR CARTOON DRAWINGS OR ANIMATED GRAPHIC IMAGE FILES THAT DEPICTED THE CARTOON SERIES “THE JETSONS.” SEVERAL OF THEM DEPICTED THE FATHER HAVING SEXUAL SITUATIONS WITH THE DAUGHTER. SOME OF THEM HAD PICTURES OF MRS. JETSON UNCLOTHED. AND THAT SORT OF THING.
Q: WERE THERE OTHER NAMES OR EXAMPLES OF THE TYPES OF FOLDERS?
A: “THE SIMPSONS” WERE SIMILAR. “FLINTSTONES” WERE SIMILAR. THAT SORT OF. . .
Q: WERE THERE ANY OTHER NAMES OTHER THAN CARTOONS? LET’S MOVE AWAY FROM THAT.
A: WE HAD OTHER. THERE WERE PHOTOGRAPHS THAT HAD OR, I’M SORRY, FILES THAT HAD NAMES DEPICTING SEXUAL ACTS. THERE WAS ONE THAT HAD OR TWO THAT HAD FARM, WHICH IS WHERE I FOUND THE BESTIALITY PHOTOS.
Q: THESE IMAGES OF THE CHILDREN, DID THEY SHARE ANY COMMON FILE DESIGNATION OR LETTERS, NUMBERS, COMBINATION, WHATEVER?
A: WELL, AS FAR AS THE FOLDERS GO, I KNOW — I NOTICED OR I SAW THAT IN ONE, ONE OF THE ZIP DISKS, I THINK 16333, THERE WAS A FOLDER WITH A “YOUNG ONES,” AND THAT WAS WHERE THE MAJORITY OF THE IMAGES THAT WERE DISPLAYED YESTERDAY CAME FROM. BUT THEY ALL HAD A VERY SIMILAR NAMING CONVENTION WHERE THE FIRST PART OF THE FILE NAME WAS CAPITAL I. E. A. AND THEN A SERIES OF NUMBERS. AND THEN AN EXTENSION J PEG OR GIFT OR SOMETHING.
Q: IN YOUR EXPERIENCE THIS DESIGNATION I. E. A., IS THAT SOMETHING YOU SEE COMMONLY?
A: NO, SIR, IT IS NOT.
Q: HAD YOU SEEN IT BEFORE?
A: NO, I HAVE NOT.
Q: DOES THE USE OF THAT I. E. A. HAVE ANY SIGNIFICANCE AS FAR AS ORGANIZATION OF THESE IMAGES?
A: IT APPEARED TO ME THAT THE — ONCE THE FILES WERE ON THE COMPUTER, THEY WERE RENAMED FOR WHATEVER REASON TO I. E. A. AND THEN THE NUMBERING CONVENTION. IT WAS VERY ORDERLY AND VERY ORGANIZED THE WAY THE COMPUTER WAS SET UP.
Q: DID YOU ALSO SEE IN YOUR EXAMINATION OF THESE COMPUTERS IMAGES RELATING TO THE BUSINESS SPECTRUM DESIGN?
A: YES, SIR, I DID.
Q: DID THEY HAVE THE SAME OR A DIFFERENT I. E. A. DESIGNATION?
A: THERE WERE SEVERAL FILES THAT ARE — YES. SEVERAL FILES THAT HAD THE SAME I. E. A. NAMING CONVENTION.
Q: NOW, THE C.D. — I THINK YOU DESCRIBED THE C.D. THAT WAS LABELED SPECTRUM ZERO ONE. IS THAT CORRECT?
A: YES, SIR.
Q: AND THAT WAS ONE OF THE C.D.’S PLAYED YESTERDAY THAT HAD WAS IT MOVIES ON IT?
A: ACTUALLY BOTH OF THEM HAD A LABEL.
MR. FELDMAN: I THINK COUNSEL MISSPOKE. OBJECTION. I THINK THEY SAID ZIPS.
THE COURT: YES.
REPHRASE IT.
SUSTAINED.
BY MR. CLARKE:
Q: WAS SOMETHING LABELED SPECTRUM ZERO ONE?
A: YES, SIR.
Q: WHAT WAS THAT?
A: TWO C.D.’S.
Q: DID THOSE TWO C.D.’S OR ONE OF THEM OR BOTH, YOU TELL US, CONTAIN ANY OF THE MOVIES THAT WERE SHOWN YESTERDAY?
A: YES, THEY DID.
Q: IS A C.D. CREATED WITH ANY PARTICULAR SOFTWARE?
A: THERE ARE SEVERAL DIFFERENT PROGRAMS THAT YOU CAN PURCHASE. AND ONE OF THE COMPUTERS HAD A PARTICULAR ONE, ADAPTEK C.D. CREATOR, VERSION 4.2, INSTALLED ON IT.
Q: ONE OF WHICH COMPUTERS?
A: ONE OF THE OFFICE COMPUTERS.
Q: THE C.D. SPECTRUM ZERO ONE OR BOTH OF THE C.D. SPECTRUM ZERO ONE, CAN YOU TELL OR COULD YOU TELL WHAT TYPE OF SOFTWARE CREATED THOSE C.D.’S?
A: ONE OF THE C.D.’S WAS CREATED WITH THE SAME PROGRAM, THE SAME TYPE OF PROGRAM, AND SAME VERSION AS ON THE COMPUTER WHICH WAS ADAPTEK C.D. CREATOR, VERSION 4.2.
Q: IS THAT THE ONLY SOFTWARE THAT WILL — IS AVAILABLE USED TO CREATE C.D.’S?
A: NO, SIR. THERE’S NUMEROUS TYPES OF SOFTWARE THAT WILL ALLOW YOU TO CREATE C.D.’S.
Q: WAS THAT SOFTWARE PRESENT ON THE BEDROOM COMPUTER?
A: NOT THAT VERSION, NO, SIR.
Q: DO YOU KNOW IF THE DEFENDANT’S SON NEAL WESTERFIELD HAD A BUSINESS NAMED SPECTRUM DESIGN?
A: NOT TO MY KNOWLEDGE.
Q: CAN YOU DETERMINE WHEN THE C.D.’S WERE LAST ACCESSED, READ, USED, WHATEVER THE PROPER TERM IS?
A: NO, SIR, I CANNOT.
Q: COULD ACCESS OF THOSE C.D.’S, AGAIN REFERRING TO THE TWO THAT YOU DESCRIBED THAT WERE IN ITEM NUMBER 12, COULD THEY HAVE BEEN ACCESSED AS RECENTLY AS FEBRUARY 1ST, 2002?
MR. BOYCE: SPECULATION.
THE COURT: OVERRULED.
YOU CAN ANSWER.
THE WITNESS: IT’S POSSIBLE.
BY MR. CLARKE:
Q: DOES THAT INCLUDE THE MOVIES?
A: YES, SIR.
MR. CLARKE: THANK YOU.
I DON’T HAVE ANY MORE QUESTIONS.
THE COURT: ALL RIGHT.
CROSS-EXAMINATION.

RECROSS-EXAMINATION
BY MR. FELDMAN:
Q: JUST BASED ON MR. CLARKE’S QUESTION, COULD THOSE C.D.’S HAVE BEEN ACCESSED WE WILL SAY ON THE 23RD OF FEBRUARY?
A: GOOD MORNING, SIR.
YES, THEY COULD.
Q: I DID IT AGAIN. TWICE.
SO THEY COULD HAVE BEEN ACCESSED ON THE 23RD OF FEBRUARY; THEY COULD HAVE BEEN ACCESSED ON THE 1ST OF FEBRUARY; YOU CAN’T TELL.
A: PROBABLY NOT THE 23RD OF FEBRUARY SINCE WE HAD THEM. BUT, YES, SIR, TO ANSWER YOUR QUESTION, CAN’T TELL.
Q: SO WHEN YOU ANSWERED MR. CLARKE’S QUESTION COULD THEY HAVE BEEN ACCESSED ON THE 1ST, YOU HAVE ABSOLUTELY NO EVIDENCE TO BASE ANY OPINION ON, ISN’T THAT TRUE?
A: EXACTLY.
Q: YOU WERE GUESSING, ISN’T THAT TRUE?
A: GUESSING THAT?
Q: THEY COULD HAVE BEEN ACCESSED.
A: OH, YES, SIR.
Q: BECAUSE YOU HAVE NO EVIDENCE THEY WERE ACCESSED, CORRECT?
A: THAT IS CORRECT.
Q: I WANT TO TAKE YOU BACK YESTERDAY. AND I WANT TO SPECIFICALLY FOCUS YOUR ATTENTION ON THE VIDEOS THAT WERE SHOWN.
A: YES, SIR.
Q: IT IS THE CASE THAT OF THE VIDEOS THAT WERE PRESENTED TO THE JURY, YOU WERE DIRECTED TO COMPILE SOMETHING, IS THAT RIGHT?
A: YES, SIR.
Q: THE D. A.’S OFFICE ASKED YOU TO PUT TOGETHER A CERTAIN NUMBER OF IMAGES, ISN’T THAT CORRECT?
A: ACTUALLY THEY DIDN’T ASK ME TO PUT TOGETHER A CERTAIN NUMBER OF IMAGES. I DID THE ANALYSIS, AND I PROVIDED THEM WITH WHAT I FOUND.
Q: ALL RIGHT.
AND YOU PUT TOGETHER WHAT YOU THOUGHT WOULD BE PROBATIVE AND OF BENEFIT, IS THAT CORRECT?
A: YES, SIR.
Q: YOU NEVER SUGGESTED THAT THOSE WERE THE ONLY STILLS THAT WERE AROUND, DID YOU?
A: NO, SIR.
Q: IN FACT, YOU WROTE A REPORT, DID YOU NOT?
A: YES, SIR.
Q: AND YOU WROTE A REPORT INDICATED APRIL 18, 2002, IS THAT RIGHT?
A: YES, SIR.
Q: IN THAT REPORT — AND I MENTIONED THIS TO YOU YESTERDAY, DIDN’T I?
A: YES, SIR.
Q: AND WE DISCUSSED THE FACT THAT YOU HAD IDENTIFIED IN THAT REPORT A NUMBER OF QUESTIONABLE IMAGES, ISN’T THAT TRUE?
A: YES, SIR.
Q: NOW, IT’S THE CASE THAT YOU SEARCHED ALL THE COMPUTERS AT THE WESTERFIELD RESIDENCE, ISN’T IT?
A: YES, SIR.
Q: AND YOU FOUND A TOTAL OF EIGHTY-FIVE QUESTIONABLE IMAGES, IS THAT CORRECT?
A: YES, SIR.
Q: THAT WAS OUT OF THE EIGHT TO TEN THOUSAND OR OUT OF THE HUNDRED THOUSAND?
A: THAT WOULD BE BOTH, SIR.
Q: WELL, CAN YOU TELL ME, PLEASE, THOSE QUESTIONABLE IMAGES, WERE THOSE THE ONES WE SAW, SOME OF THE ONES WE SAW IN THE COURTROOM?
A: YES, SIR.
Q: SO I THINK HOW MANY DID WE SEE IN THE COURTROOM, FOURTEEN, SEVENTEEN, DO YOU REMEMBER?
A: I THINK APPROXIMATELY FIFTEEN OR SEVENTEEN.
Q: FIFTEEN OR SEVENTEEN. AND THAT WAS ABOUT TWENTY PER CENT OF EIGHTY-FIVE OR THEREABOUTS, ISN’T THAT RIGHT?
A: I’LL TAKE YOUR WORD, SIR.
Q: WELL, I’M NOT — I DON’T REPRESENT ON MATH.
A: SORRY.
Q: DON’T YOU HAVE SOME MATH. TRAINING TO BECOME A COMPUTER GUY?
A: I TRY AND LIMIT THAT, SIR.
Q: SO WHAT YOU’RE TELLING US IS — I’M SORRY — WHEN YOU USE THE WORD QUESTIONABLE IMAGES, WHAT DOES THAT MEAN?
A: THE TERM AS I USE IT IS ANYONE WHO — ANY JUVENILE THAT APPEARS TO BE UNDER THE AGE OF EIGHTEEN.
Q: OKAY. SO YOU THOUGHT THERE MIGHT HAVE BEEN A COMPLETE TOTAL OF EIGHTY-FIVE IMAGES QUESTIONABLE THAT MAY HAVE DEPICTED IMAGES OF, I’M SORRY, BOYS AND GIRLS, GIRLS, UNDER THE AGE OF EIGHTEEN?
A: MOSTLY GIRLS.
Q: OKAY.
A: THERE WERE SEVERAL THAT WERE BORDERLINE. AND ON THOSE I KIND OF GIVE TO THE BENEFIT OF THE SUBJECT OR THE DEFENDANT.
Q: WELL, YOU’RE AWARE THAT THERE’S A SIGNIFICANT PORN. INDUSTRY, RIGHT?
A: YES, SIR, THERE IS.
Q: YOU’RE AWARE THAT THE PURVEYORS, THE SELLERS OF THE PORN., THEY HIRE WOMEN TO DRESS AND PRETEND AS THOUGH THEY’RE YOUNGER THAN THEY REALLY ARE, ISN’T THAT RIGHT?
A: SOME DO, YES.
Q: AND THAT’S BECAUSE APPARENTLY THE MARKET IS FOR YOUNGER AS OPPOSED TO OLDER, IS THAT RIGHT?
A: APPARENTLY.
MR. CLARKE: OBJECTION. I THINK THERE’S A LACK OF FOUNDATION AS TO THAT.
THE COURT: OVERRULED.
THE ANSWER WAS APPARENTLY. IT WILL STAND.
BY MR. FELDMAN:
Q: NOW, YOU TOLD ME THAT WITH REGARD TO THE EIGHTY-FIVE QUESTIONABLE IMAGES — WERE ANY OF THOSE BORDERLINE, SIR?
A: I SUPPOSE IT COULD BE SUBJECTIVE. BUT WHEN I LOOKED AT THEM, I JUST BY USING A REASONABLE-PERSON STANDARD, I BELIEVED THEM — THAT THEY APPEARED TO BE EIGHTEEN OR BELOW EIGHTEEN, EXCUSE ME.
Q: I’M SORRY. YOU JUST SAID SUBJECTIVE. WHAT DID YOU MEAN WHEN YOU SAID YOU SUPPOSED IT COULD BE SUBJECTIVE, SIR?
A: THAT I LOOK AT IT AS WHAT A REASONABLE PERSON WOULD SAY IF THEY SAW THE IMAGE.
Q: YOU MEAN YOU’RE TRYING TO EVALUATE FOR YOURSELF WHERE YOU WOULD CONCEDE THAT REASONABLE MINDS MIGHT DIFFER ON THE AGE OF THE SUBJECT DEPICTED?
A: I’M LOOKING AT WHAT HAS THAT APPEARANCE OF UNDER EIGHTEEN. AND AGAIN I TRY AND USE I GUESS JUST A REASONABLE PERSON STANDARD, WHAT WOULD BE REASONABLE.
Q: HOW DO YOU TELL THE DIFFERENCE BETWEEN, SAY, A SIXTEEN-YEAR-OLD AND A SEVENTEEN-YEAR-OLD AND AN EIGHTEEN-YEAR-OLD? HOW DO YOU MAKE THAT DISTINCTION?
A: JUST THE APPEARANCE. THEY APPEAR TO BE YOUTHFUL.
Q: WELL, A SEVENTEEN-YEAR-OLD CAN APPEAR TO BE YOUTHFUL, IS THAT CORRECT?
A: THAT IS TRUE.
Q: CAN A FIFTY-FOUR-YEAR-OLD APPEAR TO BE YOUTHFUL?
A: NOT IN THE CASE I’M TALKING ABOUT, NO, SIR.
Q: HOW ABOUT A TWENTY-YEAR-OLD?
A: IT IS POSSIBLE.
Q: A NINETEEN-YEAR-OLD?
A: IT IS POSSIBLE.
Q: AN EIGHTEEN-YEAR-OLD?
A: IT IS POSSIBLE.
Q: SO YOU AND I MIGHT LOOK AT THE SAME PICTURE AND FORM DIFFERENT OPINIONS AS TO WHAT AGE IS DEPICTED.
A: YES, SIR. THAT’S POSSIBLE.
Q: AND YOU UTILIZED THAT SUBJECTIVITY IN EVALUATING THE TOTAL NUMBER OF EIGHTY-FIVE QUESTIONABLE IMAGES, IS THAT CORRECT?
A: YES, SIR.
Q: NOW, LET’S TAKE THAT EIGHTY-FIVE, AND YOU TOLD US YOU USED I THINK FOURTEEN, FIFTEEN, SEVENTEEN YESTERDAY. WHAT PERCENTAGE IS EIGHTY-FIVE OF A HUNDRED THOUSAND?
A: OBVIOUSLY LESS THAN ONE PER CENT.
Q: WHAT PERCENTAGE IS EIGHTY-FIVE OF I THINK YOU TOLD US EIGHT TO TEN THOUSAND?
A: ABOUT ONE PER CENT.
Q: SO IS IT FAIR TO SAY YOU FOCUSED ON LESS THAN ONE PER CENT OF THE IMAGES?
MR. CLARKE: OBJECTION. I THINK THAT’S ARGUMENTATIVE.
THE COURT: SUSTAINED.
BY MR. FELDMAN:
Q: DID YOU FOCUS ON LESS THAN ONE PER CENT OF THE IMAGES, SIR?
MR. CLARKE: EXCUSE ME. OBJECTION. VAGUE.
THE COURT: OVERRULED.
DO YOU UNDERSTAND THE QUESTION?
THE WITNESS: YES, SIR.
THE COURT: YOU MAY ANSWER.
THE WITNESS: TO SAY THAT I FOCUSED ON THEM, I WASN’T, YOU KNOW, FOCUSING ON PER SE. I FOUND THOSE IMAGES THAT APPEARED TO FIT THE CRITERIA AND EXTRACTED THEM AND DOCUMENTED THEM.
/ / /
BY MR. FELDMAN:
Q: YOU ALSO CAUSED A SHERIFF’S DEPARTMENT OFFICER TO REVIEW SOME OF THE FILES, DID YOU?
A: A SHERIFF’S DEPARTMENT?
Q: HOW ABOUT ANOTHER SAN DIEGO POLICE DEPARTMENT OFFICER? ARMSTRONG.
A: I DIDN’T, NO, SIR. I DIDN’T.
Q: DID YOU — YOU ENGAGED IN A PROCESS OF EVALUATING THE IMAGES, IS THAT CORRECT?
A: YES, I DID.
Q: AT THE TIME YOU ENGAGED IN THE PROCESS OF EVALUATING THE IMAGES, ANOTHER OFFICER WAS AT SOME POINT ACCOMPANIED YOU, HIS NAME WAS ARMSTRONG, IS THAT CORRECT?
A: HE WASN’T REALLY — HE SHOWED UP AT THE LAB. AND HE TOLD ME HE HAD BEEN ASKED TO LOOK AT THEM.
Q: AND YOU IN FACT SHOWED HIM SOME OF THE ANIME’, IS THAT RIGHT?
A: YES, I DID.
Q: AND HE SAID NONE OF THE —
MR. CLARKE: EXCUSE ME. OBJECTION. CALLS FOR HEARSAY.
MR. FELDMAN: ASKED FOR OPINION.
THE COURT: SUSTAINED. AS TO WHAT HE SAID, SUSTAINED.
BY MR. FELDMAN:
Q: DID YOU TAKE INTO CONSIDERATION MR. ARMSTRONG’S OPINIONS —
MR. CLARKE: SAME OBJECTION, YOUR HONOR.
THE COURT: I HAVEN’T HEARD THE QUESTION.
MR. FELDMAN: THANK YOU.
BY MR. FELDMAN:
Q: DID YOU TAKE INTO CONSIDERATION MR. ARMSTRONG’S OPINIONS IN DETERMINING WHETHER OR NOT ANY OF THE IMAGES YOU HAD IDENTIFIED AS QUESTIONABLE WERE IN FACT QUESTIONABLE?
A: NO, I DID NOT.
Q: SO WOULD YOU — OKAY.
SO WOULD YOU AGREE, THEN, THAT EVEN TWO POLICE OFFICERS MIGHT LOOK AT THE SAME IMAGE AND FORM DIFFERENT OPINIONS?
A: YES, SIR.
Q: AND, IN FACT, YOU KNOW THAT OCCURRED IN THIS CASE, DON’T YOU?
MR. CLARKE: OBJECTION. CALLS FOR HEARSAY.
THE COURT: SUSTAINED.
YOU NEED NOT ANSWER.
(DISCUSSION OFF THE RECORD BETWEEN MR. FELDMAN
AND MS. JONES.)
BY MR. FELDMAN:
Q: YOU USED THIS NOTION OF THE CLOCK IN THE COMPUTER.
A: YES.
Q: REMEMBER MR. CLARKE JUST ASKED YOU THAT. IT’S TRUE SOMEBODY CAN SET A COMPUTER CLOCK, AND I COULD SET MY COMPUTER, FOR INSTANCE, TO READ, I DON’T KNOW, JUNE THE 26TH AT 4:00 O’CLOCK IN THE MORNING, RIGHT?
A: YES.
Q: BUT IF I HAD RECORDED A FILE OR PUT ON A C.D. OR STORED ON A C.D. A FILE YESTERDAY, WOULD THAT CHANGE IF THE DATE ALTERED THE RECORDED DATE ON THE C.D.?
A: NOT ON THE C.D., NO, SIR.
Q: WHAT ABOUT ON A ZIP DISK? IF I RECORDED SOMETHING TO A ZIP DISK AND I PLAYED AROUND WITH MY COMPUTER AND I CHANGED THE DATE AND TIME ON MY COMPUTER AND HAD RECORDED A FILE, WOULD THAT AFFECT THE DATE AND TIME?
A: THERE ARE CERTAIN WAYS OF AFFECTING THE TIME, YES, SIR.
Q: SO ASSUME HYPOTHETICALLY RIGHT NOW I DOWNLOADED A FILE, AND I PUT IT ON A ZIP DISK AND I TAKE THE ZIP DISK AND I PUT IT ON COUNSEL TABLE, OKAY?
A: M-HM.
Q: NOW ASSUME I CHANGE THE DATE AND TIME ON MY COMPUTER. NOW, THE DATE AND TIME IS DIFFERENT EVEN THOUGH I JUST DOWNLOADED A FILE. HOW WOULD THAT ACTION I JUST ENGAGED IN AFFECT THE DATE AND TIME ON THE ZIP DISK HYPOTHETICALLY?
A: HYPOTHETICALLY IF YOU THEN PUT THE ZIP DISK BACK INSIDE THE COMPUTER, ACCESSED A FILE, THE NEW FILE DATE, THE NEW LAST ACCESS DATE WOULD BE THE DATE THAT YOU HAD CHANGED IT TO.
Q: THE NEW LAST ACCESS DATE. IS THAT A DATE DIFFERENT THAN THE DATE THE FILE WAS RECORDED?
A: THAT COULD ALSO EASILY BE CHANGED IF YOU HAD A PROGRAM THAT WAS ABLE TO WRITE TO THAT IMAGE SUCH AS PHOTO SHOP OR COREL DRAW. THAT WOULD ALLOW THE MODIFICATION DATE TO BE CHANGED. IF YOU REMOVE THE FILE FROM PLACE TO PLACE, THAT WOULD ALLOW THE FILE CREATION DATE TO BE CHANGED.
Q: BUT IF I DIDN’T HAVE THOSE PROGRAMS AND I JUST STUCK IT BACK IN MY COMPUTER, IT WOULD READ THE REAL TIME THAT IT WAS CREATED, IS THAT CORRECT?
A: YES, SIR.
Q: SO I HAVE TO DO SOMETHING IN ADDITION TO CHANGE THE FILE DATE, TIME, AND CREATION, DO SOMETHING WITH A DIFFERENT PROGRAM, DIFFERENT COMPUTER OR WHATEVER, CORRECT?
A: YES, SIR.
Q: DO YOU HAVE ANY EVIDENCE THAT THE TIME WAS ALTERED IN ANY OF THE COMPUTERS THAT YOU LOOKED AT?
A: NO, SIR.
Q: SO ALL OF THOSE QUESTIONS THAT WERE PUT TO YOU ABOUT THE POSSIBILITY THAT THE TIME COULD BE CHANGED OR THE POSSIBILITY THE TIME COULD BE ALTERED OR THAT THE POSSIBILITY THE DATE COULD HAVE BEEN ALTERED, THAT’S I SUPPOSE POSSIBLE, ISN’T IT?
MR. CLARKE: OBJECTION. I THINK THAT’S ARGUMENTATIVE AS PHRASED.
THE COURT: OVERRULED.
THE WITNESS: YES.
THE COURT: IT WAS ANSWERED. THE ANSWER WILL STAND.
BY MR. FELDMAN:
Q: BUT THE REALITY IS YOU HAVE NO EVIDENCE TO SUPPORT THAT SPEC – STRIKE THAT — THAT POSSIBILITIES — THOSE POSSIBILITIES YOU JUST ARTICULATED ARE SPECULATIVE, AREN’T THEY?
A: YES, SIR.
Q: AND YOU HAVE NO EVIDENCE TO SUPPORT THE SPECULATION, CORRECT?
A: THAT IS CORRECT.
Q: AND YOU ARE TRAINED AS AN EXPERT TO OFFER YOUR EXPERT OPINIONS NOT BASED ON SPECULATION, ISN’T THAT TRUE?
A: YES, SIR.
Q: WITH REGARD TO THE LAPTOP, DID YOU NOTICE WHO THE REGISTERED — I’M SORRY. YOU SAID THERE WAS SOMETHING ABOUT A NAME DESIG — IF I’M REMEMBERING CORRECTLY, A NAME DESIGNATION.
A: YES, SIR.
Q: WHAT WAS THE NAME DESIGNATION IN THE LAPTOP?
A: IF I MAY REFER TO MY NOTES, SIR. . .
Q: JUST THE FOUNDATION. DO YOU HAVE AN INDEPENDENT RECOLLECTION?
A: NOT OFFHAND, NO, SIR.
Q: WOULD LOOKING AT YOUR NOTES REFRESH YOUR RECOLLECTION?
A: YES, SIR, IT WOULD.
Q: PLEASE DO SO. BUT ALSO IF YOU COULD PLEASE TELL US WHAT IT IS YOU ARE LOOKING AT.
A: I’M LOOKING AT A REPORT THAT I PREPARED. I’M LOOKING ON THE DATE OF THE REPORT WAS APRIL 18TH, 2002. AND THE PAGE 4. AND IT APPEARS THE NAME WAS DAVID WESTERFIELD WAS THE REGISTERED USER OF THE COMPUTER.
Q: WELL, I’M SORRY. MR. CLARKE ASKED YOU QUESTIONS ABOUT A DAVID A. WESTERFIELD AND A DAVID N. WESTERFIELD, DIDN’T HE?
A: YES, SIR.
Q: WHICH ONE WAS THE REGISTERED OWNER OF THE LAPTOP?
A: THERE’S NO MIDDLE INITIAL ON THE LAPTOP.
Q: IS THAT OF ANY PARTICULAR CONSEQUENCE TO YOU?
A: I DON’T THINK I UNDERSTAND THE QUESTION, SIR.
Q: ALL RIGHT.
IF I BUY A NEW COMPUTER, THERE’S A CERTAIN SIGN-IN PROCEDURE, ISN’T THERE, OR A REGISTRATION PROCESS WITH THE COMPUTER?
A: YES, SIR.
Q: AND THE COMPUTER, THE WINDOWS SYSTEM OR WHATEVER THE SYSTEM ASKED YOU TO TYPE YOUR NAME IN, IS THAT CORRECT?
A: YES, SIR.
Q: AND THEN IF YOU INSTALL PROGRAMS ON THAT COMPUTER, YOUR NAME CONTINUES TO APPEAR, ONE’S NAME, THE ORIGINAL NAME, CONTINUES TO APPEAR ON THE FILES, ISN’T THAT RIGHT?
A: IN SOME PROGRAMS, YES, SIR.
Q: SO DOESN’T THAT MEAN THAT MERELY BECAUSE THE NAME STEVEN E. FELDMAN MIGHT APPEAR ON A PARTICULAR PROGRAM DOESN’T MEAN THAT STEVEN FELDMAN INSTALLED THE PROGRAM?
A: THAT IS CORRECT.
Q: BECAUSE IT’S THE COMPUTER THAT DOES THE ARTICULATING THE IDENTIFYING OF THE NAME AS OPPOSED TO THE PERSON NECESSARILY THAT’S AT THE KEYBOARD. THAT’S TRUE, ISN’T IT?
A: WELL, THE PERSON AT THE KEYBOARD IS WHAT INPUTS THE NAME. THE INFORMATION I GET IS FROM THE COMPUTER.
Q: IS SPECTRUM REGISTERED AS THE COMPANY ON THE LAPTOP?
A: NO, SIR.
Q: WE SAW YESTERDAY I THINK TWO DIGITAL MOVIES, BUT I COULD BE MISREMEMBERING. WHAT WAS THE TOTAL NUMBER OF DIGITAL MOVIES THAT YOU WERE ABLE TO REMOVE FROM ALL OF THE COMPUTERS, IF YOU RECALL?
A: TOTAL NUMBER OF THE MOVIES WERE APPROXIMATELY TWENTY. I THINK ABOUT TWENTY-SIX HUNDRED DIGITAL MOVIES.
Q: AND OF THOSE, HOW MANY WERE QUESTIONABLE?
A: QUESTIONABLE, IF I MAY REFER TO MY REPORT AGAIN, THE FIRST PAGE.
Q: FIRST PAGE OF THE 4/18 REPORT?
A: YES, SIR.
THIRTY-NINE.
Q: AND THAT’S WHAT PER CENT OF TWENTY-SIX HUNDRED?
A: (NO RESPONSE.)
Q: IT’S ABOUT TWO PER CENT, ISN’T IT?
A: YEAH. ABOUT TWO PER CENT. THANK YOU.
Q: I WAS GETTING HELP.
AND OF THE TWO PER CENT MOVIES THAT YOU HAD SELECTED OUT OF THE TWENTY-SIX HUNDRED, WE SAW TWO OF THOSE, IS THAT RIGHT?
A: I BELIEVE WE SAW THE — THERE WERE — ONE SET WAS I BELIEVE FOUR OR FIVE BECAUSE THERE WERE PAUSES BETWEEN. AND THOSE WERE DIFFERENT FILES. ONE WOULD STOP, AND THEY WOULD START ANOTHER ONE, AND THEN ANOTHER ONE.
Q: OKAY.
SO YOU COUNTED THOSE AS FOUR OR FIVE?
A: I BELIEVE SO, YES, SIR.
Q: EVEN THOUGH IT APPEARED TO BE A SERIES?
A: YES.
Q: OR A SEQUENCE, IS THAT RIGHT?
A: YES, SIR.
Q: YOU WERE ASKED QUESTIONS CONCERNING THE C.D.’S I THINK UPON WHICH RESIDED SOME OF THESE FILES.
A: YES, SIR.
Q: AND YOU WERE ASKED ABOUT AN ADAPTEK.
A: YES, SIR.
Q: ADAPTEK IS A STANDARD, OVER-THE-COUNTER C.D.-CREATING, C.D. REWRITE PROGRAM THAT’S AVAILABLE OVER THE COUNTER, ISN’T IT?
A: YES, SIR.
Q: IT’S BEEN AVAILABLE FOR YEARS.
A: YES.
Q: IT’S COMMONLY USED AND DISTRIBUTED WITH MANY OF THE COMPUTERS THAT ARE FOR SALE NOW, ISN’T THAT CORRECT?
A: YES.
Q: THE MERE FACT THAT A PERSON HAS ADAPTEK, WHETHER VERSION FOUR OR VERSION TWO ISN’T OF FORENSIC SIGNIFICANCE, IS IT?
A: IT’S OF NOTE, BUT. . .
Q: YOU CANNOT TELL WHETHER OR NOT, OR CAN YOU TELL IF I CREATE A C.D. ON THIS LAPTOP COMPUTER USING ADAPTEK. I THINK YOU TOLD US IT WAS VERSION 4.2. I DON’T REMEMBER. CAN YOU TELL THAT THAT C.D. WAS CREATED ON THIS LAPTOP AS OPPOSED TO WE’LL SAY THE GATEWAY?
A: NO, SIR.
Q: SO THEN WHAT YOU’RE TELLING US IS THOSE C.D.’S THAT YOU IDENTIFIED YOU CANNOT SAY THAT THEY WERE CREATED ANY PLACE, REALLY, CAN YOU?
A: THAT IS CORRECT.
Q: WE KNOW THEY WERE CREATED LOGICALLY.
A: YES.
Q: BUT YOU CANNOT TELL THE JURY WITHOUT ANY GUESSWORK, WITHOUT SPECULATION, AS TO WHERE THEY WERE CREATED, CORRECT?
A: THAT IS CORRECT.
Q: YOU CAN DRAW INFERENCES, THOUGH, AS TO WHEN THEY WERE CREATED, IS THAT CORRECT?
A: YES, SIR.
Q: THOSE INFERENCES ARE BASED UPON THE DATE AND TIME THAT APPEAR IN WHAT IS IT, THE DIRECTORY OF THE C.D., ISN’T THAT RIGHT?
A: THE DIRECTORY OF THE C.D. AND ALSO THE HEADER OF ONE FILE THAT HAS THE DATE EMBEDDED.
Q: I’M SORRY. WHAT WAS THE DATE?
A: I BELIEVE OF THAT ONE WAS 11/27/2001.
Q: NOW, YOU TOLD US YOU COULDN’T TELL WHETHER OR NOT — YOU COULDN’T IDENTIFY NECESSARILY, YOU COULD NOT IDENTIFY WHO WAS ON THE COMPUTER AT A PARTICULAR TIME. IS THAT RIGHT?
A: THAT IS CORRECT.
Q: BUT IF YOU TOOK THOSE, IF YOU TOOK THE COMPUTERS THAT WERE SEIZED FROM THE OFFICE AND YOU OPERATED THEM SIMULTANEOUSLY WITH THE COMPUTER THAT WAS SEIZED FROM THE BEDROOM, AND YOU OPERATED THEM SIMULTANEOUSLY, ALL THREE OF THOSE COMPUTERS WITH THE LAPTOP, AND YOU USED END CASE, COULDN’T YOU USE END CASE ON EVERY ONE OF THOSE COMPUTERS TO DETERMINE WHETHER OR NOT THOSE COMPUTERS WERE ALL AT USE AT THE SAME TIME?
A: YOU COULD DETERMINE IF THEY WERE ON AT THE SAME TIME.
Q: AND IF THEY WERE ON AND IN USE AT THE SAME TIME, DOES THAT SUGGEST TO YOU, GIVEN THAT THEY ARE IN DIFFERENT ROOMS AND DIFFERENT LOCATIONS, THAT YOU MIGHT BE ABLE TO INFER WHO THE PERSON WAS THAT WAS UTILIZING THE COMPUTER?
MR. CLARKE: OBJECTION. I THINK THAT CALLS FOR SPECULATION.
THE COURT: SUSTAINED.
YOU NEED NOT ANSWER.
BY MR. FELDMAN:
Q: YOU WERE SHOWN WHAT APPEARED TO BE DIGITAL STILLS BY MR. CLARKE.
A: YES, SIR.
Q: DO YOU STILL HAVE THEM AT COUNSEL TABLE? EXCUSE ME. I WANT TO KEEP THEM DOWN FOR THE MOMENT.
A: OH, NO. THESE?
Q: MAY I SEE, PLEASE, 138?
A: YES, SIR.
Q: THAT’S THE EXHIBIT NUMBER.
SIR, I WOULD LIKE TO DIRECT YOUR ATTENTION TO —
MR. FELDMAN: IT’S 146, COUNSEL.
BY MR. FELDMAN:
Q: 146 APPEARS TO HAVE A DATE THAT INDICATES IT WAS LAST WRITTEN 5/13/01, IS THAT CORRECT?
A: YES, SIR.
Q: AND IT SHOWS TWO FEMALES APPROPRIATELY CLOTHED, IS THAT CORRECT?
A: YES, SIR, IT IS.
Q: THE NEXT IMAGE IN SEQUENCE, WHICH I GUESS IS JUST PAGE 2 OF THIS EXHIBIT, 146, SHOWS A FEMALE IN A BATHING SUIT WITH A BLANKET OVER HER FACE. IS THAT RIGHT?
A: YES, SIR. LOOKS LIKE A TOWEL, BUT YES, SIR.
Q: I’M SORRY. A TOWEL.
IT’S A TWO-PIECE BATHING SUIT, IS THAT CORRECT?
A: YES, SIR.
Q: IT APPEARS TO DEPICT A YOUNG FEMALE, IS THAT CORRECT?
A: YES, SIR.
Q: WITH BREASTS, CORRECT?
A: YES, SIR.
Q: DO YOU KNOW WHO TOOK THAT PHOTO?
A: NO, SIR, I DON’T.
Q: SHOWING YOU THE FOURTH IMAGE IN, SIR.
A: M-HM.
Q: YOU SAID UH-HUH. SORRY.
A: YES. I’M SORRY.
Q: THIS DEPICTS A YOUNG FEMALE WITH DARK — WELL, IT DEPICTS A FEMALE, DOES IT NOT?
A: YES, SIR, IT DOES.
Q: WITH DARK HAIR?
A: YES, SIR.
Q: IN A JACUZZI?
A: YES, SIR.
Q: DO YOU REMEMBER WHETHER OR NOT MR. WESTERFIELD HAD A JACUZZI IN HIS BACKYARD?
A: I DON’T RECALL, SIR.
Q: DO YOU KNOW WHETHER — WHO TOOK THIS PICTURE?
A: NO, SIR, I DON’T.
Q: NOTHING LEWD ABOUT IT, IS THERE?
A: NO, SIR.
Q: KIND OF LIKE A HOME PHOTO, ISN’T IT?
A: YES, SIR.
Q: THE NEXT PHOTOGRAPH IN SEQUENCE APPEARS TO DEPICT THE SAME PERSON, IS THAT RIGHT?
A: THE BATHING SUIT APPEARS TO BE THE SAME, YES, SIR.
Q: DO YOU KNOW WHO TOOK THIS PICTURE?
A: NO, SIR, I DON’T.
Q: BUT THIS IS THE ONE YOU SAID YOU COULD SEE A SHADOW IN.
A: I SEE A SHADOW.
Q: OKAY.
A: YES, SIR.
(DISCUSSION OFF THE RECORD BETWEEN MR. FELDMAN
AND MR. BOYCE.)
BY MR. FELDMAN:
Q: I’M SORRY. IN THOSE PHOTOS THE GIRL SEEMED TO BE SUNBATHING, DIDN’T SHE?
A: YES, SIR.
Q: YOU JUST SAW AT COUNSEL TABLE — I’M SORRY — THE WITNESS, THERE’S SOMETHING ABOUT GLAMIS IN ONE OF THE EXHIBITS THAT MR. CLARKE HAD MARKED YESTERDAY.
A: YES, SIR.
Q: I’M SORRY. I JUST DON’T REMEMBER THE EXHIBIT NUMBER, SIR. THERE YOU GO.
A: 140.
Q: SIR, I WOULD LIKE TO DIRECT YOUR ATTENTION TO WHAT’S BEEN PREVIOUSLY MARKED 140.
A: YES.
Q: YOU TOLD US YOU DOWNLOADED THIS. NOW LET ME JUST SO THAT WE ARE CLEAR, 140 READS AT THE TOP “DIRECTIONS TO GLAMIS,” IS THAT RIGHT?
A: YES, SIR.
Q: AND IN THIS PARTICULAR PIECE OF PAPER IT SAYS LOOK FOR THE SIXTH WASH, MAKE A RIGHT. IS THAT CORRECT?
A: YES, SIR.
Q: LOOK FOR DAVID’S MOTOR HOME AND WHITE TRAILER. CORRECT?
A: YES, SIR.
Q: CAN YOU TELL ME WHEN WAS THIS FILE CREATED? STRIKE THAT. THIS CAME FROM A COMPUTER, IS THAT RIGHT?
A: YES, SIR. IT DID.
Q: DO YOU REMEMBER WHICH COMPUTER?
A: THERE WERE COPIES OF IT ON BOTH OF THE OFFICE COMPUTERS.
Q: WHEN WAS THIS FILE, SPECIFICALLY REFERRING TO THAT WHICH IS DEPICTED IN 140, CREATED?
A: I DON’T RECALL.
Q: COULD YOU FIND OUT?
A: I DON’T HAVE THAT INFORMATION IN FRONT OF ME, SIR.
Q: WELL, ALTHOUGH YOU DON’T HAVE THE INFORMATION IN FRONT OF YOU, YOU COULD UTILIZE END CASE FOR INSTANCE OR ANOTHER APPROPRIATE FORENSIC SOFTWARE PROGRAM TO IDENTIFY WHEN IT WAS CREATED, IS THAT CORRECT?
A: YES, SIR.
Q: YOU CAN’T TELL ME WHETHER THAT’S, FOR INSTANCE, TWO OR THREE YEARS OLD?
A: NO, SIR, I CANNOT.
Q: BUT IT DOES REFER TO SOMEBODY NAMED TAMMY, IS THAT RIGHT?
A: YES, SIR.
Q: DO YOU KNOW WHO TAMMY IS?
A: NO, SIR, I DO NOT.
(DISCUSSION OFF THE RECORD BETWEEN MR. FELDMAN
AND MR. BOYCE.)
BY MR. FELDMAN:
Q: YOU TALKED ABOUT THE I. E. A. I THINK IT WAS. THERE WAS A SERIES OF FILE NAMES. I THINK YOU CALLED THEM I. E. A. AGAIN I’M OPERATING ON MY MEMORY. SORRY. DO I GOT THAT RIGHT?
A: YES, SIR.
Q: WITH REGARD TO THE I. E. A. FILES, THAT COULD JUST BE THE ORIGINAL NAMES OF THE FILES AS THEY WERE DOWNLOADED, ISN’T THAT TRUE?
A: IT WOULD BE HIGHLY UNLIKELY.
Q: WHY DO YOU SAY THAT?
A: I’VE NEVER SEEN A SET OF IMAGES ON A COMPUTER THAT WERE DOWNLOADED FROM THE INTERNET FROM WHAT WOULD HAVE TO BE SO MANY DIFFERENT SOURCES IT WOULD HAVE THE SAME NAME.
Q: WELL, WAIT A MINUTE. THE I. E. A., WASN’T THAT THE SEQUENCE OF SOME OF THE MOVIE FILES THAT WE SAW YESTERDAY?
A: I’M NOT SURE OF THE MOVIES. NO, THE MOVIES I THINK HAD DIFFERENT NAMES.
Q: THEY HAD A SERIES OF NAMES AND SEQUENCES, IS THAT RIGHT?
A: THEY HAD NAMES, YES, SIR.
Q: DID YOU DO AN INDEPENDENT CHECK ON THE I. E. A. FILES TO DETERMINE WHETHER THERE WAS ANY EVIDENCE THAT THE FILE NAMES HAD BEEN ALTERED?
A: THERE’S NO WAY I COULD TELL.
Q: SO WHEN YOU JUST TOLD THE JURY YOU DIDN’T THINK SO, THAT WAS SPECULATION BECAUSE YOU JUST TOLD ME THERE’S NO WAY FOR YOU TO TELL AS A SCIENTIST WHETHER OR NOT THE FILE NAMES HAD BEEN ALTERED, ISN’T THAT TRUE?
MR. CLARKE: OBJECTION. COUNSEL IS ARGUING WITH THE WITNESS.
THE COURT: OVERRULED.
YOU CAN ANSWER.
THE WITNESS: NO. I BASED THAT ON MY OPINION WITH COMPUTER FORENSIC AND ON FILES THAT HAVE BEEN DOWNLOADED AND COPIED AND TRADED. IT’S VERY UNLIKELY YOU WOULD GET THAT MANY FILES FROM DIFFERENT SOURCES WITH THE SAME NAME CONVENTION.
BY MR. FELDMAN:
Q: DON’T YOU FIND IN YOUR BUSINESS THINGS THAT YOU DON’T EXPECT TO BE LIKELY BECOMING LIKELY?
THE COURT: DO YOU UNDERSTAND THAT QUESTION?
THE WITNESS: NO, SIR, I DON’T.
THE COURT: ALL RIGHT. SUSTAINED.
MR. FELDMAN: I WOULD LIKE TO HAVE MARKED AS NEXT IN
ORDER —
THE COURT: OKAY. THAT WILL BE 149.
MR. FELDMAN: DISCOVERY 274.
(COPY OF REPORT CARD MARKED TRIAL EXHIBIT NUMBER 149
FOR IDENTIFICATION.)
BY MR. FELDMAN:
Q: I WOULD LIKE TO SHOW YOU WHAT’S BEEN MARKED 149, SIR.
A: YES, SIR.
Q: CAN YOU TELL US WHAT’S 149?
A: IT APPEARS TO BE A REPORT CARD OF SORTS.
Q: DOESN’T IT APPEAR TO BE A SCREEN CAPTURE?
A: A SCREEN CAPTURE, YES, SIR.
Q: AND THE SCREEN CAPTURE IS OF A REPORT CARD, ISN’T THAT RIGHT?
A: YES, SIR.
Q: AND THE SCREEN CAPTURE IS A REPORT CARD IS IT OF A HIGH SCHOOL STUDENT OR A COLLEGE STUDENT?
A: LET ME LOOK. IT JUST SHOWS A NAME. IT SAYS FRESHMAN. IT SAYS —
Q: IT SAYS CALCULUS, DOESN’T IT?
A: YES.
Q: PRINCIPLES OF PHYSICS?
A: YES, IT DOES.
Q: PRINCIPLES OF PHYSICS LAB.?
A: YES, SIR.
Q: LOOKS LIKE COMP. SPREAD SHEET APPLIC. THAT’S PHONETIC, A-P-P-L-I-C.
A: YES, SIR.
MR. CLARKE: OBJECTION. RELEVANCE, YOUR HONOR.
THE COURT: OVERRULED. I HAVE NO IDEA AT THIS POINT.
BY MR. FELDMAN:
Q: NOW, SIR, DOESN’T THIS APPEAR TO BE A SCREEN CAPTURE TAKEN FROM THE LAPTOP COMPUTER?
A: IT COULD.
Q: AND WHAT’S THE MIDDLE NAME ON THAT?
A: NEAL.
Q: OKAY.
NOW, YOU TOLD ME JUST A WHILE AGO I THINK THAT WITH REGARD TO THE LAPTOP IT WAS REGISTERED UNDER THE NAME DAVID WESTERFIELD. IS THAT CORRECT?
A: THAT IS CORRECT.
Q: HERE WE’VE GOT A SCREEN CAPTURE WHICH YOU JUST INDICATED TO ME I BELIEVE MAY HAVE COME FROM THE LAPTOP. IS THAT RIGHT?
A: I WILL TAKE YOUR WORD FOR IT.
Q: I’M ASKING.
A: I DON’T KNOW WHERE THIS CAME FROM.
Q: SO YOU DIDN’T PERFORM ANY TESTING FOR THE PURPOSE OF IDENTIFYING, FOR INSTANCE, THE DATA OR THE FILES THAT WERE IN THE LAPTOP.
A: I DID NOT SEARCH FOR THIS PARTICULAR FILE, SIR, NO.
Q: YOU JUST SEARCHED FOR THE EXTENSIONS THAT ARE DEPICTED ON THE CHART RIGHT BEHIND YOU, IS THAT RIGHT?
A: THAT WAS ONE OF THE THINGS I LOOKED FOR.
THE COURT: COUNSEL, WE NEED TO TAKE THE MORNING BREAK.
LADIES AND GENTLEMEN, PLEASE REMEMBER THE ADMONITION OF THE COURT NOT TO DISCUSS ANY OF THE EVIDENCE OR TESTIMONY AMONG YOURSELVES OR WITH OTHERS NOR FORM OR EXPRESS ANY OPINIONS ON THE MATTER UNTIL IT IS SUBMITTED TO YOU FOR DECISION.
PLEASE BE OUTSIDE THE DOOR AT A QUARTER TO 11:00. 10:45.
(RECESS, 10:30 O’CLOCK, A.M., TO 10:45 O’CLOCK, A.M.)
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54 - Day 14- June 26th 2002 - Transcript criminal trial David Westerfield
52 - Day 13- June 25th 2002 - Transcript criminal trial David Westerfield