03091 – September 3rd 2002 – penalty phase – David Westerfield trial – morning 1

SAN DIEGO, CALIFORNIA, TUESDAY, SEPTEMBER 3, 2002, 8:58 A.M.


Penalty phase September 3rd 2002 – 1


Ina Bousselot (Westerfield’s aunt), Andrea Marple Wittwer, (Westerfield’s aunt)
Margaret Hennon (Westerfield was her first serious sweetheart)


–O0O–

(THE FOLLOWING OCCURRED OUT OF THE PRESENCE OF THE JURY:
(PROCEEDINGS NOT PART OF THE PUBLIC RECORD.)
(END OF PROCEEDINGS OUT OF THE PRESENCE OF THE JURY.)
THE COURT: GOOD MORNING, LADIES AND GENTLEMEN, AND WELCOME BACK.
I UNDERSTAND — MY UNDERSTANDING IS ONE OF THE FLOCK IS NOT FEELING TOO WELL THIS MORNING, SO IF I SEE A RAISED HAND, I AM TO STOP IMMEDIATELY. ACCOMMODATIONS HAVE BEEN MADE FOR YOU TO GET OUT THE BACK DOOR. SO ALL YOU HAVE TO DO IS RAISE YOUR HAND.
JUROR NUMBER 7: THANK YOU.
THE COURT: HOPEFULLY THAT WON’T BE NECESSARY, BUT IF IT IS, JUST RAISE YOUR HAND.
JUROR NUMBER 7: THANK YOU.
THE COURT: OKAY.
MR. BOYCE.
MR. BOYCE: THANK YOU, YOUR HONOR. WE CALL INA BOUSSELOT. INA BOUSSELOT,
CALLED AS A WITNESS BY THE DEFENDANT, HAVING BEEN DULY SWORN, TESTIFIED AS FOLLOWS:
THE CLERK: MA’AM, WOULD YOU PLEASE STATE YOUR NAME AND SPELL IT FOR THE RECORD.
THE WITNESS: MY NAME, INA BOUSSELOT.
I DIDN’T HEAR THE LAST PART OF THE QUESTION.
THE COURT: SPELL YOUR NAME, PLEASE.
THE WITNESS: B-O-U-S-S-E-L-O-T.
DIRECT EXAMINATION BY MR. BOYCE:
Q.:GOOD MORNING, MA’AM.
DO YOU HAVE A SLIGHT HEARING PROBLEM?
A.:YES, SIR.
Q.:SO IF YOU DON’T HEAR THE QUESTION, PLEASE ASK ME TO SPEAK UP.
A.:THANK YOU.
Q.:DO YOU KNOW A PERSON BY THE NAME OF ALAN WESTERFIELD?
A.:DAVID ALAN, YES.
Q.:HOW DO YOU KNOW HIM, DAVID OR ALAN?
A.:I KNOW HIM AS ALAN.
Q.:WHAT IS YOUR RELATIONSHIP TO ALAN?
A.:HE’S MY OLDER SISTER’S SON. MY NEPHEW.
Q.:YOU’RE HIS AUNT?
A.:YES.
Q.:YOU ARE THE SISTER TO HIS MOTHER?
A.:YES.
Q.:WHERE DO YOU LIVE NOW, MA’AM?
A.:NAPLES, FLORIDA.
Q.:HOW CLOSE IN AGE ARE YOU TO ALAN WESTERFIELD?
A.:I THINK ABOUT EIGHT YEARS.
Q.:IS HE EIGHT YEARS YOUNGER THAN YOU?
A.:YES.
Q.:DID YOU KNOW ALAN WHEN HE WAS GROWING UP?
A.:YES.
Q.:WAS THIS IN THE STATE OF MAINE?
A.:MOST OF THE TIME, YES.
Q.:WHEN DID YOU FIRST — HOW OLD WAS ALAN WHEN YOU FIRST HAD CONTACT WITH HIM?
A.:IT WAS THE SUMMER OF 1953.
Q.:AND WHERE WERE YOU LIVING WHEN ALAN WAS GROWING UP IN MAINE?
A.:I WAS IN WISCONSIN AND/OR ILLINOIS.
Q.:DID YOU VISIT ALAN AND YOUR SISTER IN MAINE?
A.:YES.
Q.:ABOUT HOW OFTEN WOULD YOU VISIT THEM?
A.:GENERALLY ONCE A SUMMER.
Q.:HOW LONG WOULD YOU STAY WHEN YOU VISITED?
A.:GENERALLY SOMEWHERE AROUND A MONTH.
Q.:WHAT MEMORIES DO YOU HAVE OF THAT TIME PERIOD OF ALAN GROWING UP IN MAINE WHEN YOU WOULD VISIT HIM?
A.:I WAS THE OLDEST — I’M NOT A COUSIN. I’M THE OLDEST AUNT. THE REST OF THEM WERE COUSINS. WE SPENT THE SUMMER DOING WHAT KIDS DO IN THE SUMMERTIME.
Q.:ANYTHING LIKE — DID YOU RAISE BLUEBERRIES ON THAT FARM?
A.:YES. MY BROTHER HAD A BLUEBERRY FARM. AND WE PICKED BLUEBERRIES. AND WE GOT PAID FOR IT.
Q.:WAS THAT ALSO IN MAINE?
A.:UH-HUH.
Q.:DID ALAN PICK BLUEBERRIES, TOO?
A.:M-HM.
Q.:DID YOU PICK THEM WITH HIM?
A.:WELL, WE WERE KIND OF ALL OUT THERE COUSINS. IT WAS THE KIND OF THING WE DID.
Q.:CAN YOU DESCRIBE WHAT YOU DID WHEN YOU WERE PICKING BLUEBERRIES?
A.:WE — I DON’T KNOW HOW TO DESCRIBE IT. WE PICKED BLUEBERRIES. WE WENT OUT IN THE MORNING. WE WENT OUT IN THE MORNING, AND MY BROTHER-IN-LAW TOOK US OUT TO THE FARM, AND HE WOULD TURN US LOOSE WITH OUR BLUEBERRY RAKES. AND I DON’T KNOW IF YOU KNOW HOW TO PICK BLUEBERRIES, BUT IT’S VERY COMPLICATED. BUT WE WENT OUT, AND WE PICKED BLUEBERRIES.
Q.:WHAT’S A BLUEBERRY RAKE?
A.:IT LOOKS LIKE A DUST PAN, BUT IT’S GOT TEETH ON THE FRONT OF IT. AND WENT OUT, AND WE PICKED BLUEBERRIES.
Q.:HOW MANY OF YOU WERE THERE PICKING BLUEBERRIES?
A.:I’M TRYING TO THINK BACK. THIS IS FORTY-SOME YEARS AGO. THERE WERE PROBABLY EIGHT OR TEN OF US AT A TIME.
Q.:AND ALAN WAS ONE OF THOSE PEOPLE, TOO?
A.:YES.
Q.:NOW, DID YOU — AT SOME POINT YOU KNEW ALAN MOVED TO SAN DIEGO.
A.:M-HM.
THE COURT: IS THAT A YES? JUST TRY AND USE YES OR NO.
THE WITNESS: YES. OKAY.
THE COURT: THANK YOU.
THE WITNESS: YES, SIR.
BY MR. BOYCE:
Q.:DID YOU LIVE IN SAN DIEGO WHEN ALAN WAS ALSO LIVING HERE?
A.:YES, WE DID.
Q.:AND ABOUT HOW OLD WAS ALAN AT THAT TIME WHEN YOU KNEW HIM IN SAN DIEGO?
A.:WELL, WE LIVED HERE FROM 1968, 1969. WE LIVED IN PACIFIC BEACH.
Q.:WHAT WAS ALAN DOING DURING THAT PERIOD OF TIME?
A.:HE WAS GOING TO SCHOOL. HE WAS WORKING AT SASKA’S.
Q.:HOW DID YOU KNOW HE WAS WORKING AT SASKA’S?
A.:BECAUSE I REMEMBER SPECIFICALLY I WENT TO PICK HIM UP ONE NIGHT, AND I GOT A SPEEDING TICKET BECAUSE I WAS GOING DOWN AT 38 MILES AN HOUR INSTEAD OF 35.
Q.:AND SASKA’S IS A RESTAURANT?
A.:YES.
Q.:AT SOME POINT DID YOU MOVE AWAY FROM SAN DIEGO?
A.:YES. WE MOVED BACK TO ILLINOIS IN 1969.
Q.:DID ALAN COME TO VISIT YOU IN ILLINOIS?
A.:HE DIDN’T COME TO VISIT. HE CALLED, AND WE TALKED TO HIM, AND HE SAID HE WAS COMING BACK AND DID WE HAVE A CHANCE FOR HIM TO WORK FOR US. MY HUSBAND AND I HAD A LANDSCAPING BUSINESS AT THE TIME. AND ALAN CAME BACK AND WORKED FOR US FOR THE SUMMER.
Q.:WHEN WAS THAT?
A.:IT WOULD HAVE BEEN 1973.
Q.:SO ALAN WOULD HAVE — HOW OLD WAS ALAN? ABOUT HOW OLD WAS HE AT THAT TIME?
A.:TWENTY-ONE. SOMEWHERE IN THAT. ACTUALLY I NEVER THOUGHT ABOUT IT BECAUSE HE JUST KIND OF — HE JUST KIND OF CAME AND SAID HI, HOW ARE YOU. AND WE SAID COME ON AND WORK.
Q.:WELL, HOW DID HE GET THE — WHERE WAS IT, ILLINOIS?
A.:M-HM.
Q.:YOU HAVE TO SAY YES OR NO.
A.:OH. I’M SORRY.
HE DROVE BACK IN HIS VAN.
Q.:HOW LONG DID HE STAY IN ILLINOIS?
A.:ABOUT THREE MONTHS. IT WAS BASICALLY OUR SUMMER SEASON.
Q.:THIS WAS THE SUMMER OF ’73?
A.:M-HM.
Q.:YOU HAVE TO SAY YES OR NO.
A.:OH. YES. I’M SORRY.
Q.:WHEN HE STAYED WITH YOU FOR THE SUMMER, WHAT WAS HE DOING?
A.:HE WAS LAYING SOD, PLANTING SHRUBS, PLANTING TREES, WHATEVER WE NEEDED HIM TO DO.
Q.:WAS THIS EASY WORK?
A.:NO.
Q.:THIS WAS A LANDSCAPING BUSINESS THAT YOU —
A.:RIGHT.
Q.:— THAT YOU AND YOUR HUSBAND HAD?
A.:RIGHT.
Q.:DID HE ALSO HELP YOU AROUND THE HOUSE?
A.:YES.
Q.:AT THAT TIME WAS ALAN VERY MECHANICAL?
A.:NO.
Q.:CAN YOU EXPLAIN THAT A LITTLE BIT?
A.:HE WAS YOUNG. HE DIDN’T KNOW A WHOLE LOT ABOUT MECHANICS. BUT HE LEARNED A LOT WHILE HE SPENT THE SUMMER WITH US.
Q.:HOW DID HE LEARN MECHANICS WHEN HE WAS LIVING WITH YOU?
A.:BECAUSE WE HAD TRAILERS AND TRACTORS AND EQUIPMENT THAT NEEDED TO BE WORKED ON. AND HE WAS THERE TO WORK ON THEM.
Q.:DID HE LEARN A LOT OF THIS FROM YOUR HUSBAND?
A.:WELL, SOME FROM MY HUSBAND, SOME FROM ME.
Q.:DID YOU VISIT ALAN RECENTLY?
A.:YEAR BEFORE LAST, YES.
Q.:THAT WAS HERE IN SAN DIEGO?
A.:M-HM. YES.
Q.:WHO ELSE DID YOU SEE WHEN YOU VISITED ALAN?
A.:MY SISTER NAN AND HER DAUGHTER TANIA AND HER HUSBAND AND THEIR CHILDREN AND LISA AND NEAL.
MR. BOYCE: THANK YOU, INA.
THE COURT: ALL RIGHT.
CROSS-EXAMINATION. CROSS-EXAMINATION BY MR. DUSEK:
Q.:YOU WERE OUT HERE ON VACATION AT THAT TIME?
A.:YES.
Q.:AND HOW MUCH TIME DID YOU SPEND WITH THE DEFENDANT AT THAT TIME?
A.:A FEW DAYS.
Q.:WITH HIM SPECIFICALLY?
A.:PARDON?
Q.:WITH HIM SPECIFICALLY?
A.:I WAS HERE FOR FIVE DAYS I BELIEVE.
Q.:HOW MUCH OF THAT TIME DID YOU ACTUALLY SPEND WITH HIM?
A.:PROBABLY ABOUT A DAY.
Q.:YOU ARE CURRENTLY IN FLORIDA?
A.:M-HM. EXCUSE ME. YES.
Q.:HOW LONG HAVE YOU BEEN LIVING IN FLORIDA?
A.:(NO RESPONSE.)
Q.:HOW LONG HAVE YOU BEEN LIVING IN FLORIDA?
A.:YEAR AND A HALF.
Q.:AND BEFORE THAT YOU LIVED WHERE?
A.:ABOUT A YEAR I WAS ON KIND OF TRAVELING. AND BEFORE THAT I WAS IN ILLINOIS.
Q.:ANY OF THAT PERIOD OF TIME DID THE DEFENDANT COME VISIT YOU?
A.:NO.
Q.:WHEN THE TIMES WERE BACK IN MAINE, THAT’S WHEN HE WAS A YOUNG CHILD, WHEN YOU WOULD GO DO THE BLUEBERRY PICKING STUFF.
A.:WELL, I DON’T KNOW ABOUT YOUNG CHILD. HE WAS TEN, SOMETHING LIKE THAT.
Q.:ALL RIGHT.
AND YOU WOULD GO THERE FOR A LITTLE BIT EACH SUMMER?
A.:RIGHT.
Q.:DID HE EVER COME TO YOUR HOUSE?
A.:NO. WE DIDN’T HAVE ANY CROSS-TRAVELING AT THAT TIME, NO.
Q.:ALL RIGHT.
AND THE TIME THAT YOU WERE HERE IN SAN DIEGO WAS JUST A TWO-YEAR PERIOD FROM ’68 TO ’69?
A.:M-HM. YES.
Q.:WERE YOU WORKING, GOING TO SCHOOL, DOING WHAT AT THAT PERIOD?
A.:I WAS WORKING.
Q.:LIVING SEPARATELY FROM THE DEFENDANT?
A.:YES.
Q.:DID YOU KNOW EITHER OF HIS WIVES?
A.:I THINK I MET THEM.
Q.:THAT’S THE EXTENT OF YOUR KNOWLEDGE OF THEM?
A.:RIGHT.
Q.:AND THE TIME THAT YOU SPENT AROUND HIS SON, WAS THAT JUST THIS RECENT TRIP THAT YOU TOLD US ABOUT?
A.:YES, SIR.
Q.:AND HOW ABOUT HIS DAUGHTER, JUST THAT LITTLE BIT?
A.:YES.
Q.:WHEN DID YOU GET HERE FOR THIS TRIP?
A.:LAST NIGHT.
Q.:HAVE YOU HAD A CHANCE TO SEE THE DEFENDANT?
A.:NO.
Q.:HAVE YOU TALKED TO HIM SINCE THIS CASE STARTED?
A.:NO.
Q.:DID YOU COMMUNICATE WITH HIM AT ALL, LETTERS, ANYTHING LIKE THAT?
A.:NO.
Q.:AND WHEN THIS IS OVER, YOU EXPECT TO GO BACK TO FLORIDA?
A.:YES.
MR. DUSEK: THANK YOU, MA’AM.
THE COURT: ANYTHING FURTHER, MR. BOYCE?
MR. BOYCE: NO, YOUR HONOR.
THE COURT: ALL RIGHT.
MA’AM, THANK YOU VERY MUCH FOR COMING IN AND TESTIFYING. YOU’RE FREE TO LEAVE THESE PROCEEDINGS OR YOU CAN REMAIN AS YOU SO DESIRE. PLEASE, HOWEVER, REMEMBER NOT TO DISCUSS YOUR TESTIMONY WITH ANYONE UNTIL THE MATTER IS CONCLUDED.
THANK YOU.
THE WITNESS: YES, SIR.
(THE WITNESS WAS EXCUSED.)
MR. BOYCE: WE CALL ANDREA WITTWER.
THE COURT: ALL RIGHT. ANDREA MARPLE WITTWER,
CALLED AS A WITNESS BY THE DEFENDANT, HAVING BEEN DULY SWORN, TESTIFIED AS FOLLOWS:
THE CLERK: MA’AM, WOULD YOU PLEASE STATE YOUR NAME AND SPELL IT FOR THE RECORD.
THE WITNESS: ANDREA MARPLE WITTWER. W-I-T-T-W-E-R. DIRECT EXAMINATION
BY MR. BOYCE:
Q.:GOOD MORNING, MISS WITTWER.
A.:GOOD MORNING.
Q.:DO YOU KNOW DAVID ALAN WESTERFIELD?
A.:YES, I DO, SIR.
Q.:DO YOU KNOW HIM BY ALAN?
A.:YES, I DO.
Q.:WHAT IS YOUR RELATIONSHIP TO ALAN WESTERFIELD?
A.:ALAN IS MY NEPHEW.
Q.:WAS THIS YOUR SISTER THAT JUST LEFT THE COURTROOM?
A.:YES, IT IS.
Q.:IS SHE OLDER OR YOUNGER THAN YOU?
A.:I’M THE YOUNGEST OF ALL.
Q.:AND IN RELATION TO ALAN, ARE YOU OLDER OR YOUNGER?
A.:MY MOTHER AND MY SISTER HAD THEIR CHILDREN CONCURRENTLY, SO ALAN AND I ARE WITHIN A FEW MONTHS.
Q.:ARE YOU YOUNGER THAN ALAN?
A.:I’M THE YOUNGEST. I HAD SEVERAL NEPHEWS THAT WERE OLDER THAN MYSELF.
Q.:WHERE DO YOU LIVE NOW?
A.:I LIVE IN NORTHERN WISCONSIN, IN HAYWARD.
Q.:WHAT’S YOUR OCCUPATION?
A.:I’M THE ASSISTANT MANAGER FOR A HARDWARE STORE.
Q.:DO YOU HAVE — ALSO HAVE A DEGREE?
A.:I HAVE A DEGREE IN ANTHROPOLOGY FROM THE UNIVERSITY OF WISCONSIN.
Q.:DID YOU KNOW ALAN AS HE WAS GROWING UP IN MAINE?
A.:I CERTAINLY DID.
Q.:WHERE WERE YOU LIVING AT THE TIME?
A.:MY HOME WAS IN HAYWARD, WISCONSIN. AND ALSO WE HAD A HOME IN ILLINOIS.
Q.:HOW OFTEN WOULD YOU VISIT ALAN IN MAINE?
A.:WE WENT ALMOST EVERY SUMMER FOR QUITE A WHILE.
Q.:FOR ABOUT HOW MANY YEARS WAS THAT?
A.:TEN.
Q.:HOW LONG WOULD YOU STAY WHEN YOU VISITED ALAN?
A.:A MONTH. SOMETIMES MORE. WE LIKED TO SPEND OUR SUMMERS THERE. IT WAS VERY PLEASANT.
Q.:WAS THIS LIKE A FAMILY GATHERING EVERY SUMMER?
A.:YES. IT WAS.
Q.:ABOUT HOW MANY FAMILY MEMBERS WOULD BE THERE ON THE AVERAGE?
A.:WELL, IT DEPENDED, BECAUSE MY BROTHER AND MY SISTER WERE BOTH IN MAINE, AND THEY HAD EXTENDED FAMILY. AND SOMETIMES MY OTHER BROTHERS WOULD COME OR MY OTHER BROTHER WOULD COME FROM ILLINOIS WITH HIS FAMILY.
Q.:DID YOU SPEND TIME WITH ALAN WHILE YOU WERE IN MAINE?
A.:YES, I DID.
Q.:WHAT WOULD YOU — WHAT MEMORIES DO YOU HAVE OF WHAT YOU DID WITH ALAN WHILE YOU WERE IN MAINE DURING THE SUMMERS DURING THIS TIME?
A.:WELL, WE PLAYED A LOT. AND WE PICKED BLUEBERRIES AND VISITED WITH MY GRANDMOTHER. AND WE PLAYED OUTSIDE A LOT, RODE BIKES, FISHED, SWAM, DID A LOT OF WATER SKIING.
Q.:YOU KNEW AT SOME POINT THAT ALAN MOVED TO SAN DIEGO.
A.:YES, SIR.
Q.:AND WHEN WAS THAT?
A.:DURING THE SUMMER OF MY FRESHMAN YEAR IN HIGH SCHOOL I BELIEVE OR THE YEAR BEFORE THAT.
Q.:DID YOU VISIT HIM IN SAN DIEGO DURING THAT PERIOD OF TIME?
A.:YES. WE DID.
Q.:AND WHERE WERE YOU LIVING IN SAN DIEGO?
A.:I LIVED WITH MY SISTER NAN DURING MY SOPHOMORE YEAR AND VISITED WITH NAN WHEN I WAS STAYING WITH MY MOM AND DAD AND MY GRANDMOTHER THE OTHER TWO YEARS.
Q.:WHEN YOU SAY NAN, THAT’S ALAN’S MOTHER?
A.:LAURA NAN, SORRY.
Q.:THAT’S HIS MOTHER?
A.:YES.
Q.:SO YOU LIVED WITH ALAN WHILE YOU WERE A SOPHOMORE IN HIGH SCHOOL?
A.:YES, I DID, SIR.
Q.:WHERE WERE YOU GOING TO HIGH SCHOOL?
A.:CLAIREMONT.
Q.:WHAT YEAR WAS ALAN IN SCHOOL WHEN YOU WERE A SOPHOMORE?
A.:HE WOULD HAVE BEEN A JUNIOR.
Q.:DID THE TWO OF YOU GO TO SCHOOL TOGETHER?
A.:YEAH. HE DIDN’T REALLY LIKE HANGING OUT WITH HIS AUNT. WE TOOK A LOT OF TEASING. BUT HE DID.
Q.:EVEN THOUGH YOU WERE A YOUNGER AUNT?
A.:YES.
Q.:DID HE WALK YOU TO SCHOOL?
A.:ON OCCASION HE DID.
Q.:DID HE WATCH OUT FOR YOU AT SCHOOL?
A.:CALIFORNIA SCHOOLS ARE STILL A MYSTERY TO ME THAT IN HAYWARD WE WOULD HAVE SHARED CLASSES, BUT IN CALIFORNIA THEY WERE SO MODULAR, EVERYTHING WAS ALL OVER THE PLACE. SO I HAD A FEW LUNCHES WITH HIM AT SCHOOL.
Q.:HOW LONG DID YOU LIVE WITH ALAN AND HIS FAMILY IN SAN DIEGO?
A.:BETWEEN CHRISTMAS VACATION AND EASTER VACATION.
Q.:DO YOU RECALL WHAT ACTIVITIES YOU DID OUTSIDE OF SCHOOL WITH ALAN?
A.:WE WENT TO THE BEACH. I THINK HE ACTUALLY TOOK ME SURFING ONE TIME BECAUSE I ACTUALLY DID GET TO SURF. I’M NOT A SURFER. I CAN SKATEBOARD, BUT NOT SURF.
Q.:WHAT ABOUT WHEN YOU — DID YOU SPEND TIME WITH YOUR SISTER’S FAMILY, TOO?
A.:YES, WE DID. WE SPENT A GREAT DEAL OF TIME TOGETHER.
Q.:WHAT WOULD YOU DO WITH THEM AND ALAN?
A.:OH, WE LIKED TO TRAVEL AROUND. THEY WOULD TAKE US TO VISIT PLACES. WE WENT TO THE BORREGO DESERT QUITE OFTEN. IT WAS A LOVELY PLACE. AND BEING FROM WISCONSIN, YOU KNOW, WE HAVE A LOT OF PINE TREES AND A LOT OF GREEN GRASS AND STUFF, AND IT WAS QUITE NOVEL TO GO UP IN THE MOUNTAINS AND LOOK AT CUYAMACA AND GO TO THE STATE PARK, AND WE WENT TO PALOMAR MOUNTAIN, THAT SORT OF THING.
Q.:NOT MANY DESERTS IN WISCONSIN?
A.:NO, THERE’S NOT. THERE’S A LOT OF SAND, BUT NO DESERTS.
Q.:SO WHEN YOU LEFT SAN DIEGO, WHERE DID YOU MOVE TO?
A.:ACTUALLY WE TRAVELED BACK AND FORTH QUITE A LOT BETWEEN — MY PARENTS HAD A HOME — WE HAVE A FARM IN NORTHERN WISCONSIN. AND MY FATHER UNTIL THE EARLY SIXTIES WAS A LANDSCAPER IN THE CHICAGO AREA. AND THEN MY GRANDMOTHER HAD A HOME IN MAINE. SO WE TRANSITIONED BETWEEN THE TWO COASTS AND ILLINOIS AND WISCONSIN.
Q.:ARE YOU MARRIED?
A.:I AM, SIR.
Q.:DID YOU MEET YOUR HUSBAND IN SAN DIEGO?
A.:NO, I DID NOT. I MET MY HUSBAND IN HAYWARD IN HIGH SCHOOL. THAT IS WHY I COULD NO LONGER COME TO SAN DIEGO AND VISIT MY FAMILY.
Q.:DID YOU COME OUT HERE ON YOUR HONEYMOON?
A.:YES, WE DID.
Q.:DID YOU SEE ALAN DURING THAT PERIOD OF TIME?
A.:YES, WE DID. WE CAME OUT, MY HUSBAND AND I CAME OUT TO VISIT WITH THE FAMILY AND FOR HIM TO MEET THE MEMBERS OF MY FAMILY THAT HE WASN’T FAMILIAR WITH. MY GRANDMOTHER WAS QUITE UNABLE TO TRAVEL AT THAT TIME. AND SO WE CAME OUT TO VISIT WITH MY GRANDMOTHER. AND MY PARENTS WOULD COME BACK OUT HERE. THEY CAME OUT JUST AFTER I GOT MARRIED. WE ACTUALLY GOT HERE BEFORE THEY DID.
Q.:DID YOU CONTINUE TO VISIT ALAN AND YOUR SISTER’S FAMILY IN SAN DIEGO?
A.:WE DID AS OFTEN AS POSSIBLE. IT’S VERY DIFFICULT BECAUSE WE’RE NOT WEALTHY PEOPLE, SO WE DON’T TRAVEL A LOT. AND I WAS IN THE PROCESS OF HAVING QUITE A FEW CHILDREN OF MY OWN, BUT WE WOULD PILE EVERYBODY INTO A VEHICLE, WHATEVER WE HAD, AND WE WOULD HEAD FOR CALIFORNIA TO VISIT.
Q.:AND THIS WAS DURING I GUESS THE LATE SEVENTIES?
A.:YES. MY DAUGHTER WAS BORN IN 1976, AND WE CAME OUT TO SHOW OFF OUR NEW CHILD AND WE CAME BACK OUT IN ’78 WHEN I HAD MY SON GABRIEL. AND WE CAME OUT IN ’80 WHEN I HAD MY SON JACOB. THAT WAS THE ONLY TIME I COULD GET OFF WORK. YOU ONLY GET A CERTAIN AMOUNT OF TIME OFF WORK, SO I WOULD JUST TAKE EIGHT WEEKS FOR THAT, AND WE WOULD COME TO CALIFORNIA.
Q.:AND WHEN YOU WOULD COME OUT AND VISIT ALAN AND HIS FAMILY, WHERE WOULD YOU STAY?
A.:WE WOULD NORMALLY STAY WITH ONE OF THE RELATIVES, WHOEVER HAD FLOOR SPACE OR WE COULD BUNK OUT WITH. OCCASIONALLY WITH MY PARENTS, WITH NAN OR WITH MY GRANDMOTHER.
Q.:WOULD YOU DO ANYTHING WITH ALAN AND HIS FAMILY ON THESE VISITS?
A.:YES. AGAIN, MY HUSBAND HAD NEVER, OTHER THAN OUR ONE HONEYMOON VISIT, HE HAD NEVER BEEN TO THE DESERT. SO MY FAMILY LIKED JULIAN, HULIAN WE CALLED THAT, UP IN THE MOUNTAINS. AND WE WOULD HEAD FOR THE MOUNTAINS. AND THEN TRY TO GET ON OVER AND GET AS FAR AS LIKE JEROME OR GO OUT TO SALTON SEA. OH, THE PLACE WITH THE DESERT IN THE NAME. I HAVE A FIFTIES MOMENT. I CAN’T QUITE REMEMBER IT. BUT WE WOULD GO OUT AND PLAY IN THE DESERT. WE LIKED TO RUN UP AND DOWN THE — JUST BE OUT THERE, YOU KNOW, HANG OUT IN THE DESERT AND LOOK AT THE STARS. THE STARS IN CALIFORNIA, YOU REALLY DON’T SEE STARS HERE. YOU ONLY SEE THEM UNTIL YOU GET INTO THE DESERT. AND IN WISCONSIN WE HAVE CLEAR SKIES ALL NIGHT, AND THERE’S NOT THE LIGHTS, SO IT WAS VERY FAMILIAR TO GET BACK OUT WHERE YOU CAN SEE STARS AND MOON AND STUFF.
MR. BOYCE: THANK YOU.
THE COURT: ALL RIGHT.
CROSS-EXAMINATION. CROSS-EXAMINATION
BY MR. DUSEK:
Q.:MA’AM, IT SOUNDS LIKE THE YOUNGER YEARS THAT YOUR EXPOSURE TO THE DEFENDANT WAS ON THE FARM BACK IN MAINE.
A.:YES, IT WAS, SIR.
Q.:WERE THERE OTHER PEOPLE WHO WOULD BE AROUND BESIDES JUST HIM?
A.:WE ALWAYS HAD A LARGE GROUP OF KIDS, AND WE WERE VERY CLOSE AS COUSINS.
Q.:HOW MANY COUSINS WOULD THERE BE?
A.:WELL, MY BROTHER WESLEY HAD FOUR, MY SISTER HAD THREE, AND IT WOULD BE ALAN AND I AND INA BECAUSE WE WERE THE YOUNGER MEMBERS OF MY PARENTS’ FAMILY.
Q.:AND THEN HOW MANY PEOPLE WOULD YOU MEET UP WITH THAT
— THERE IN MAINE OR WERE THE PEOPLE YOU JUST TOLD US ALREADY LIVING IN MAINE?
A.:MY BROTHER WESLEY LIVED IN MAINE. MY SISTER NAN LIVED IN MAINE. AND MY GRANDMOTHER LIVED IN MAINE.
Q.:SO THE DEFENDANT WAS JUST ONE OF THE PEOPLE WHO WOULD BE PART OF THAT GROUP WHEN YOU WOULD GO TO VISIT IN THE SUMMER?
A.:ACTUALLY ALAN AND EARL WERE VERY CLOSE TO ME BECAUSE WE WERE THE SAME AGE, AND WE PLAYED TOGETHER A LOT. MY BROTHER’S CHILDREN LIVED ON ANOTHER FARM. AND OVER THE MOUNTAIN, MARPLE MOUNTAIN. THEY LIVED ON THE OTHER SIDE, AND SO WE DIDN’T GET TO PLAY WITH THEM AS OFTEN. SO THE TIME WE SPENT THERE, WE WERE KIND — WE DIDN’T GO MANY PLACES BECAUSE MY PARENTS DIDN’T REALLY TRAVEL. ONCE THEY GOT SOMEWHERE, IT WAS LIKE STAY THERE.
Q.:AND WHOSE PLACE DID YOU STAY IN?
A.:I STAYED WITH NAN AND DAVID.
Q.:THAT WOULD BE THE DEFENDANT’S PARENTS?
A.:YES, SIR.
Q.:AND WHEN YOU CAME OUT HERE FOR THE SCHOOL, THAT WAS JUST FOR A FEW MONTHS?
A.:YES, SIR, IT WAS.
Q.:WHAT YEAR?
A.:1968.
Q.:AND YOU AND THE DEFENDANT WOULD WALK TO SCHOOL TOGETHER ON OCCASION?
A.:WE ATE MEALS TOGETHER. WE LIVED IN THE SAME HOUSE, SIR.
Q.:I THINK WHEN YOU WERE ASKED IF HE WOULD WALK YOU TO SCHOOL, BASICALLY THAT MEANS JUST THE TWO OF YOU GUYS WOULD WALK TO SCHOOL TOGETHER?
A.:IT WAS QUITE A WALK. SEE, IN HAYWARD, WE RIDE THE BUS. AND IT WAS QUITE UNUSUAL FOR ME TO HAVE TO WALK TO SCHOOL. SO WE WALKED ABOUT I THINK IT WAS TWELVE BLOCKS TO CLAIREMONT.
Q.:ANYBODY ELSE WALK WITH YOU?
A.:NOT REALLY. SOMETIMES YOLANDA ARAMACIA, WHO WAS MY GIRL FRIEND, THEY — HER PARENTS USED TO DROP HER OFF. THIS WAS QUITE A WHILE AGO.
Q.:THAT’S FINE.
A.:THANK YOU, SIR.
Q.:AND ON OCCASION HE WOULD SIT WITH YOU AT LUNCHTIME?
A.:YES. BUT HE HAD FRIENDS, AND THE GUYS WERE NOT — I WAS AN AUNT.
Q.:OKAY.
SO HE KIND OF SPENT HIS TIME WITH HIS FRIENDS, AND EVERY NOW AND THEN HE WOULD COME OVER AND SIT WITH HIS AUNT?
A.:YEAH. HE WAS VERY KIND TO DO THAT BECAUSE I WAS KIND OF ALONE.
Q.:YOU’RE IN WISCONSIN NOW, THAT’S RIGHT?
A.:THAT IS CORRECT.
Q.:WHEN DID YOU COME HERE TO SAN DIEGO?
A.:YESTERDAY.
Q.:YESTERDAY?
A.:YES.
Q.:HAVE YOU SEEN HIM SINCE YOU’VE BEEN HERE?
A.:NO, SIR, I HAVEN’T.
Q.:WHEN DID YOU LAST SEE HIM?
A.:I SAW ALAN THE LAST TIME WAS WHEN WE WERE OUT IN 1980.
Q.:TWENTY-TWO YEARS AGO?
A.:YES, SIR. LIKE I SAID, WE DON’T — WE CANNOT TRAVEL THAT OFTEN. AND I HAVE HAD A LOT OF ISSUES IN THE MEANTIME.
Q.:THAT’S FINE.
HAVE YOU TALKED TO HIM SINCE THEN, SINCE 1980?
A.:I BELIEVE ON THE PHONE. BUT I REALLY, YOU KNOW, IT’S — NO.
Q.:CAN’T REMEMBER ANY?
A.:THOSE FIFTY MOMENTS. I’VE TRIED TO REMEMBER. AND WE WERE NOT A REAL TELEPHONY-TYPE PEOPLE.
Q.:ALL RIGHT.
A.:MOSTLY LETTERS.
Q.:HAVE YOU COMMUNICATED WITH HIM AT ALL SINCE THIS CASE HAS COME ABOUT?
A.:NO, SIR, I HAVE NOT. I WASN’T SURE IF THAT WAS APPROPRIATE.
Q.:SO YOU HAVEN’T EVEN WRITTEN HIM A LETTER OR RECEIVED A LETTER FROM HIM?
A.:NO, SIR. I WASN’T SURE THAT WOULD BE APPROPRIATE.
MR. DUSEK: THANK YOU, MA’AM.
THE COURT: ALL RIGHT.
ANYTHING FURTHER, MR. BOYCE? REDIRECT EXAMINATION
BY MR. BOYCE:
Q.:WHEN YOU MENTIONED HAYWARD, THAT’S HAYWARD, MAINE, THAT YOU WERE TAKING THE BUS TO SCHOOL?
A.:NO. IN HAYWARD, WISCONSIN.
Q.:HAYWARD, WISCONSIN. THAT WASN’T CALIFORNIA, THOUGH.
A.:NO. I’M SORRY. THERE’S A HAYWARD, MINNESOTA, HAYWARD, CALIFORNIA, AND HAYWARD, WISCONSIN. AND I LIVE IN WISCONSIN.
Q.:IT’S HAYWARD, WISCONSIN, THAT YOU TOOK THE BUS TO SCHOOL.
A.:YES.
MR. BOYCE: OKAY. THANK YOU.
THE COURT: ALL RIGHT.
IS THIS WITNESS ALSO TO BE EXCUSED?
MR. DUSEK: YES.
THE COURT: ALL RIGHT.
MA’AM, YOUR TIME WITH US IS DONE. YOU ARE FREE TO REMAIN IN THE COURTROOM IF YOU DESIRE. OTHERWISE YOU’RE FREE TO LEAVE.
KEEP IN MIND YOU’RE NOT TO DISCUSS YOUR TESTIMONY UNTIL THE MATTER IS CONCLUDED. OKAY?
THE WITNESS: THANK YOU.
THE COURT: ALL RIGHT. THANK YOU FOR COMING IN.
THE WITNESS: THANK YOU.
(THE WITNESS WAS EXCUSED.)
THE COURT: ALL RIGHT.
MR. FELDMAN: PEG HENNON, YOUR HONOR.
THE COURT: ALL RIGHT. MARGARET HENNON,
CALLED AS A WITNESS BY THE DEFENDANT, HAVING BEEN DULY SWORN, TESTIFIED AS FOLLOWS:
MR. FELDMAN: PROCEED, YOUR HONOR?
THE COURT: NO.
THE CLERK: MA’AM, WILL YOU PLEASE STATE YOUR NAME AND SPELL IT FOR THE RECORD.
THE WITNESS: MARGARET HENNON. H-E-N-N-O-N. DIRECT EXAMINATION
BY MR. FELDMAN:
Q.:GOOD MORNING, MA’AM.
DO YOU KNOW DAVID ALAN WESTERFIELD?
A.:I DO.
Q.:HOW DO YOU KNOW HIM?
A.:HE WAS MY FIRST SERIOUS SWEETHEART.
Q.:HE WAS YOUR HIGH SCHOOL SWEETIE?
A.:YES.
Q.:WHERE DID YOU MEET HIM?
A.:IN PHYSICS CLASS IN HIGH SCHOOL AS A SENIOR.
Q.:DID HE EVER PROVIDE YOU OR BUY YOU ANY PRESENTS?
A.:YES. HE GAVE ME THESE EARRINGS. HE BOUGHT THEM AT THE LAGUNA ART FESTIVAL BACK WHEN I WAS SEVENTEEN. GRADUATED EARLY FROM HIGH SCHOOL, A SENIOR.
Q.:I TAKE IT, THEN, YOU KIND OF HAD A DATING RELATIONSHIP THROUGH HIGH SCHOOL AND AFTER HIGH SCHOOL A LITTLE BIT.
A.:YES. HE TOOK ME TO THE SENIOR PROM. AND WE DATED. AND THEN IN COLLEGE HE — I WAS GOING TO GO TO SAN DIEGO STATE, AND DAVID WAS GOING TO GO TO MESA. AND SO I DECIDED TO GO TO MESA JUNIOR COLLEGE. AND WE DATED THAT YEAR. AND HE ASKED ME TO MARRY HIM, SO HE WAS AN IMPORTANT PERSON IN MY LIFE.
THE COURT: EXCUSE ME JUST ONE MOMENT.
(DISCUSSION OFF THE RECORD BETWEEN THE COURT
AND THE WITNESS.)
BY MR. FELDMAN:
Q.:A LITTLE NERVOUS?
A.:YES.
Q.:YOU JUST GOT TO TOWN LAST NIGHT, DIDN’T YOU?
A.:YES.
Q.:FROM WYOMING?
A.:YES. IN THE BACK COUNTRY. SHOSHONE, YELLOWSTONE.
Q.:WHEN YOU WERE DATING DAVID, WOULD HE SPEND TIME AT YOUR HOUSE?
A.:YES. HE WAS THERE QUITE A BIT. MY FAMILY KNEW HIM WELL.
Q.:DID —
A.:WE — GO AHEAD.
MY MOTHER HAS A TALKING TABLECLOTH, AND DAVID’S SIGNATURE IS ON THAT. PEOPLE WHO WOULD COME OVER FOR DINNER. HIS FAMILY, HIS PARENTS ALSO BECAME FRIENDS WITH MY PARENTS DURING THE COURSE OF OUR RELATIONSHIP. WE DID A LOT OF THINGS TOGETHER.
Q.:DID YOU — WELL, WHAT SORT OF THINGS WOULD YOU DO TOGETHER?
A.:OKAY. THE FIRST TIME WE WENT OUT, WE WENT OUT AND SHOT POOL. WE — DAVID WOULD TAKE ME TO NICE RESTAURANTS. HE WAS — HAD QUITE AN ARTISTIC FAMILY. MY FAMILY DIDN’T HAVE THAT ARTISTIC INCLINATION.
AND I REMEMBER DAVID WANTED TO BE AN ARCHITECT. AND WE WOULD DRIVE AROUND DEL MAR AND LA JOLLA, AND HE WOULD POINT OUT BEAUTIFUL PIECES OF LAND AND ALSO BEAUTIFUL BUILDINGS. AND HE, YOU KNOW, HE BROUGHT THAT ELEMENT INTO MY LIFE THAT I REALLY DIDN’T HAVE VERY MUCH BACKGROUND WITH.
WE WOULD GO TO MUSEUMS. AND HE TOOK ME TO SEE "MAN OF LA MANCHA," AN OUTDOOR THEATER. I REMEMBER THAT WAS THE FIRST TIME I EVER HEARD "THE IMPOSSIBLE DREAM." WE PLAYED CHESS. HE WAS A MEMBER OF THE FAMILY. IT TURNS OUT THAT HE CALLED MY MOTHER MOM. HE WORKED FOR MY FATHER. MY SISTER STAYED WITH HIS PARENTS ONE TIME WHEN MY FAMILY WENT CAMPING AND SHE HAD COME DOWN WITH POISON OAK AND COULDN’T GO.
Q.:AT SOME POINT YOU LEARNED THAT MR. WESTERFIELD WAS IN THIS SITUATION, IS THAT RIGHT?
A.:(THE WITNESS NODDED HER HEAD.)
Q.:I’M SORRY. YOU HAVE TO SAY YES OR NO.
A.:YES. YES.
MR. FELDMAN: I’VE HAD MARKED, YOUR HONOR, COURT 234.
(GREETING CARD MARKED TRIAL EXHIBIT NUMBER 234
FOR IDENTIFICATION.)
BY MR. FELDMAN:
Q.:I WOULD LIKE TO SHOW YOU WHAT’S BEEN PREVIOUSLY MARKED COURT’S EXHIBIT 234, MA’AM. WHAT IS THAT?
A.:THIS IS A CARD THAT I SENT DAVID WHEN — I THINK IT WAS AROUND EASTERTIME.
Q.:THIS YEAR?
A.:YES.
Q.:COULD YOU READ IT, PLEASE.
A.:"DEAR DAVID. YOU ONCE TOLD ME IF I EVER NEEDED ANYTHING, I SHOULD CALL YOU. I CARRIED THAT GIFT OF LOVE AND CARE WITH ME TO VARIOUS POINTS ON THE GLOBE. AND IT’S A WONDERFUL THING TO FEEL LOVED. NOW IF THERE’S ANYTHING THAT I CAN DO FOR YOU, PLEASE LET ME KNOW. PEG HENNON. MY MOTHER ALSO SENDS HER LOVE."
Q.:ARE YOU HERE FOR DAVID TODAY?
A.:YES. AND HIS CHILDREN.
MR. FELDMAN: NOTHING FURTHER.
THE COURT: ALL RIGHT.
CROSS-EXAMINATION. CROSS-EXAMINATION BY MR. DUSEK:
Q.:WHEN YOU WERE INVOLVED WITH HIM DATING, HOW LONG A PERIOD WAS THAT?
A.:IT WAS ABOUT A YEAR I THINK.
Q.:HOW LONG AGO?
A.:IT WAS A LONG TIME AGO. IT WAS A VERY IMPORTANT TIME TO ME.
Q.:HOW LONG AGO?
A.:I WAS — I GRADUATED IN 1970. AND THAT’S WHEN THAT WAS. ABOUT THIRTY —
Q.:THIRTY-TWO YEARS AGO WAS YOUR CONTACT WITH THE DEFENDANT?
A.:YES. BUT I HAVE BEEN IN — THERE HAVE BEEN OTHER TIMES WHEN I HAVE BEEN AWARE OF DAVID.
Q.:WHEN WAS THE LAST TIME YOU SAW HIM?
A.:I THINK IT WAS IN ’73 OR ’74.
Q.:SHORTLY AFTER HIGH SCHOOL?
A.:YES.
Q.:AND YOU LIVE OUT OF STATE NOW?
A.:YES, I DO.
Q.:WHEN DID YOU MOVE AWAY FROM CALIFORNIA?
A.:ABOUT ’77.
Q.:AND YOU’VE LIVED OUT OF STATE SINCE THEN?
A.:I LIVED IN CALIFORNIA FOR ABOUT A YEAR IN 1984.
Q.:ALL RIGHT. WHEN WAS THE LAST TIME YOU SPOKE WITH HIM?
A.:IT WAS AT MY PARENTS’ HOUSE I THINK IN 1974.
Q.:SO YOU REALLY DON’T KNOW MUCH ABOUT HIM SINCE THAT TIME, DO YOU?
A.:THAT’S RIGHT.
Q.:YOUR MEMORIES ARE BACK IN HIGH SCHOOL DAYS.
A.:THE MEMORIES OF DAVID. BUT SOMEHOW I OBTAINED A PICTURE OF HIS DAUGHTER LISA, AND I HAD THAT ON MY REFRIGERATOR FOR A LONG TIME.
Q.:BUT YOUR PERSONAL MEMORIES, THE PERSON YOU REMEMBER, ARE BACK IN HIGH SCHOOL DAYS.
A.:YES.
MR. DUSEK: THANK YOU, MA’AM.
THE COURT: ALL RIGHT.
ANYTHING FURTHER?
MR. FELDMAN: THANK YOU. NO.
THE COURT: IS THIS WITNESS TO BE EXCUSED?
MR. FELDMAN: NO OBJECTION, YOUR HONOR.
THE COURT: ALL RIGHT.
MA’AM, YOU’RE FREE TO LEAVE THESE PROCEEDINGS OR YOU CAN REMAIN AS YOU SO DESIRE. HOWEVER, PLEASE KEEP IN MIND YOU’RE NOT TO DISCUSS YOUR TESTIMONY UNTIL THE MATTER IS CONCLUDED. THANK YOU FOR COMING IN.
YOU CAN JUST HAND THAT TO MR. BOYCE ON YOUR WAY —
OH, FLAGS ARE UP. TIME FOR BREAK.
(THE WITNESS WAS EXCUSED.)
THE COURT: REMEMBER THE ADMONITION. DON’T DISCUSS ANYTHING, FORM ANY IMPRESSIONS.
WE HAVE TO GET OUT OF HERE QUICK. ALL RIGHT. THE AUDIENCE REMAIN SEATED WHILE THE JURY EXITS.
MAKE IT — LET’S GET AS CLOSE TO 10:00 O’CLOCK AS WE CAN, PLEASE. 10:00 O’CLOCK.
THANKS, BOB, FOR THE CUE. APPRECIATE IT.
(RECESS, 9:48 O’CLOCK, A.M., TO 10:00 O’CLOCK, A.M.)
/ / /

29084 - August 29th 2002 - penalty phase - David Westerfield trial - afternoon 2
03092 - September 3rd 2002 - penalty phase - David Westerfield trial - morning 2