29083 – August 29th 2002 – penalty phase – David Westerfield trial – afternoon 1

SAN DIEGO, CALIFORNIA, THURSDAY, AUGUST 29, 2002, 1:00 P.M.


Penalty phase August 29 th 2002 – 3


Jean Westerfield (Westerfield’s aunt), Marie Gunther, (Meet Westerfield in 1985)


–O0O–
(THE FOLLOWING OCCURRED OUT OF THE PRESENCE OF THE
JURY:
THE COURT: ALL RIGHT. IN THE WESTERFIELD MATTER THE RECORD WILL REFLECT THE APPEARANCE OF COUNSEL AND MR. WESTERFIELD. THE JURY IS NOT IN. THE PUBLIC AND MEDIA ARE PRESENT.
MR. FELDMAN: YOUR HONOR, OUTSIDE SOMEBODY HANDED ME A LETTER THAT ASKED TO GIVE TO YOU, BUT THAT’S NOT WHY I ASKED FOR THIS.
THE COURT: MORE FAN MAIL UNDOUBTEDLY.
MR. FELDMAN: THIS WAS FROM AN EX COURT EMPLOYEE WHO ASKED TO COMMUNICATE TO YOUR HONOR, AND I WOULD TELL YOU HER NAME OFF THE RECORD, WHATEVER.
THE COURT: OKAY.
MR. FELDMAN: BUT SHE’S A POTENTIAL WITNESS.
THIS AFTERNOON THE DEFENSE IS CALLING PEOPLE THAT I AM CONCERNED MAY ATTRACT THE SAME KIND OF ATTENTION AS DID NEAL WESTERFIELD. I WAS HOPING THAT THE COURT WILL PERMIT US TO GO BY FIRST NAME AND FIRST INITIAL WHICH I DON’T THINK IS A PROBLEM, ASK THE CAMERAS TO STAY OFF THE WITNESSES. BUT AT THE CONCLUSION OF THE PROCEEDINGS, THERE WAS AN ACCOMMODATION MADE TO AVOID THE ONSLAUGHT OF THE MEDIA, AND I WAS HOPING THAT SOMEHOW SECURITY OR SOMEONE COULD EFFECT THE SAME WAY TO AVOID
— THAT’S BEEN EXTENDED TO OTHERS.
THE COURT: OKAY. AS LONG AS YOU PROVIDE ME WHAT WITNESSES THEY ARE BY INTRODUCING THEM IN THE SAME FORM THAT YOU DESIRE TO HAVE THEM KNOWN ON THE RECORD AS, —
MR. FELDMAN: YES, YOUR HONOR.
THE COURT: — I CAN ADVISE THE CAMERA ACCORDINGLY.
AND ABOUT THE ONLY THING I CAN SUGGEST IS THAT, MIKE, CAN WE HAVE SOMEONE ESCORT THESE INDIVIDUALS OUT OF THE COURTHOUSE?
THE BAILIFF: YES, YOUR HONOR.
MR. FELDMAN: AT THE CLOSE OF BUSINESS. AT THE CLOSE OF BUSINESS.
THE COURT: ALL RIGHT.
MR. FELDMAN: THAT’S FINE.
THE BAILIFF: WE CAN SET THAT UP.
THE COURT: OKAY.
MR. FELDMAN: THANK YOU.
THE COURT: ALL RIGHT.
MR. FELDMAN: THANK YOU, YOUR HONOR.
THE COURT: ALL RIGHT.
MIKE, LET’S GET THE JURY AS SOON AS THEY ARE AVAILABLE.
THE BAILIFF: YES, YOUR HONOR.
(END OF PROCEEDINGS OUT OF THE PRESENCE OF THE JURY.)
THE COURT: OKAY. WELCOME BACK, LADIES AND GENTLEMEN.
ALL RIGHT. MR. FELDMAN.
MR. FELDMAN: TANIA P.
YOUR HONOR, WITH REGARD TO THIS WITNESS I’M ASKING THE COURT TO DIRECT THAT THERE BE NO PHOTOGRAPHY. AND I’M ASKING PERMISSION TO PLEASE REFER TO HER ONLY BY HER LAST FIRST INITIAL.
THE COURT: AS PREVIOUSLY DISCUSSED, THAT REQUEST WILL BE GRANTED. THANK YOU.
MR. FELDMAN: THANK YOU, YOUR HONOR. TANIA P.,
CALLED AS A WITNESS BY THE DEFENDANT, HAVING BEEN DULY SWORN, TESTIFIED AS FOLLOWS:
THE CLERK: MA’AM, WOULD YOU PLEASE STATE YOUR FIRST NAME AND SPELL IT AND THE INITIAL OF YOUR LAST NAME ONLY.
THE WITNESS: TANIA, T-A-N-I-A, P. DIRECT EXAMINATION
BY MR. FELDMAN:
Q.:GOOD AFTERNOON, MA’AM.
CAN YOU TELL US JUST YOUR RELATIONSHIP TO DAVID WESTERFIELD.
A.:I’M HIS SISTER.
Q.:ARE YOU A YOUNGER SISTER OR OLDER SISTER?
A.:I’M YOUNGER. I’M FOUR YEARS YOUNGER.
Q.:WHERE WERE YOU BORN, MA’AM?
A.:I WAS BORN IN SAN DIEGO.
Q.:WE’VE CALLED YOUR BROTHER DAVID IN THE COURTROOM. HOW DO YOU REFER TO HIM?
A.:ALAN.
Q.:SO WE’LL CALL HIM ALAN. THAT’S WHAT YOU KNOW HIM AS.
A.:(THE WITNESS NODDED HER HEAD.)
Q.:OKAY.
WHAT SORT OF WORK DID YOUR FATHER DO? WELL, LET ME ASK YOU WHAT WAS YOUR FATHER’S NAME?
A.:DAVID WESTERFIELD.
Q.:WHAT SORT OF WORK DID HE DO?
A.:HE WAS ORIGINALLY — WELL, FROM THE FIRST RECOLLECTION THAT I HAVE, —
Q.:YES.
A.:— HE SERVED IN THE LEGISLATURE IN MAINE. I BELIEVE THAT WAS DURING THE EARLY SIXTIES.
Q.:ALL RIGHT.
WAS YOUR MOM EMPLOYED AT THE TIME?
A.:NO. SHE WAS A STAY-AT-HOME MOM.
Q.:SO DID YOU GROW UP SOME IN THE STATE OF MAINE?
A.:YES.
Q.:WITH YOUR BROTHER ALAN?
A.:CORRECT. AND MY OTHER BROTHER EARL.
Q.:AND WHERE DOES YOUR OTHER BROTHER EARL FIT IN THE ORDER SEQUENCE OF CHILDREN?
A.:HE’S TWO YEARS BETWEEN US. TWO, FOUR, SIX.
Q.:ABOUT HOW LONG DID YOU STAY IN MAINE AS BEST YOU CAN RECOLLECT IT?
A.:WE CAME OUT ONCE TO SAN DIEGO FOR MY DAD TO — AFTER HE FINISHED HIS TERM IN THE LEGISLATURE — TO ATTEND SAN DIEGO STATE AND TAKE SOME ART CLASSES. AND THEN WE RETURNED TO MAINE. AND THEN WE STAYED THERE UNTIL 1967 I BELIEVE.
Q.:IN MAINE DID YOU HAVE KIND OF A FAMILY LIFE; WAS THERE SORT OF A ROUTINE?
A.:YEAH. WE HAD A VERY NICE CHILDHOOD IN MY OPINION. WE LIVED ON A FARM. IT WAS MY GREAT-GRANDMOTHER’S HOME THAT WE TOOK CARE OF HER. AND DURING THE SUMMERS WE WOULD WATER SKI. WE OWNED AN ISLAND IN THE MIDDLE OF THE FRESHWATER LAKE IN MAINE. IT HAD TWO COTTAGES ON IT. SO SOME OF THE SUMMERS WE WOULD STAY ON THE ISLAND. AND IT WAS NO RUNNING WATER OR ELECTRICITY, BUT IT WAS KIND OF LIKE CAMPING. WE WOULD WATER SKI AND DO SWIMMING AND THEN JUST SUMMER STUFF.
DURING THE WINTER WE SNOW SKIED. NOT ME. I WASN’T REALLY COORDINATED. MY BROTHERS DID. ICE SKATED. WE HAD A FARM POND THAT FROZE EARLY IN THE YEAR, SO WE ICE SKATE, AND WE WOULD GO DOWN TO THE LARGE LAKE AND ICE SKATE. IT WAS A VERY NICE CHILDHOOD.
Q.:DID YOUR BROTHER ALAN HAVE JOBS IN MAINE AS YOU WERE GROWING UP?
A.:YEAH. HE DID. HE SERVED AS A LIFEGUARD ONE SUMMER AT THE NATIONAL PARK RIGHT THERE IN SAINT GEORGE’S LAKE. HE WORKED FOR MY UNCLE A COUPLE SUMMERS ALONG WITH EARL, AND THEY WOULD RAKE BLUEBERRIES AND JUST GET PICKED UP IN THE MORNING AND WANDER OFF AND THEN COME BACK AT NIGHT AND. . .
Q.:YOUR UNCLE EARL, YOUR UNCLE, WHAT WAS HIS NAME?
A.:UNCLE WESLEY.
Q.:DID YOU ALSO HAVE AN UNCLE WILEY?
A.:YES, I DO. THAT’S ON MY FATHER’S SIDE.
Q.:OKAY.
DID THERE COME A TIME WHEN YOU MOVED BACK TO SAN DIEGO?
A.:WHEN I WAS IN SEVENTH GRADE. I BELIEVE IT WAS 1967 WE MOVED BACK TO SAN DIEGO.
Q.:WHERE DID YOU MOVE TO, GENERALLY, JUST GENERAL PART OF THE CITY?
A.:CLAIREMONT.
Q.:AND DID YOU GO TO SCHOOL IN CLAIREMONT?
A.:YES, I DID.
Q.:DID YOUR BROTHERS GO TO SCHOOL?
A.:YES, THEY DID.
Q.:WHERE DID THEY GO?
A.:EARL AND I STARTED AT THE JUNIOR HIGH IN CLAIREMONT, AND MY BROTHER ATTENDED MADISON HIGH SCHOOL.
Q.:YOUR BROTHER ALAN?
A.:ALAN. SORRY.
Q.:WHEN YOU WERE LIVING IN SAN DIEGO, THIS IS NOW YOU TOLD US 1967, 1968, OR SO, IS THAT RIGHT?
A.:YES.
Q.:DID YOU TAKE FAMILY VACATIONS?
A.:WE WOULD GO TO THE DESERT FROM TIME TO TIME. JUST TO DRIVE AROUND. MY DAD LIKED DRIVING AROUND RIVERBEDS IN THE CAR. HE WOULD GET OUT AND TAKE PICTURES. HE ENJOYED THE DUNES. HE ENJOYED THE DRY AIR AND THE HEAT.
Q.:HOW ABOUT FAMILY HOLIDAYS; HOW WOULD YOU SPEND FAMILY HOLIDAYS?
A.:USUALLY AT MY GRANDMOTHER’S HOUSE ON MY FATHER’S SIDE. THEY LIVED IN POINT LOMA. AND MY AUNT AND UNCLE ON MY FATHER’S SIDE WOULD ATTEND AND IT WOULD JUST BE THE THREE KIDS, THE THREE OF US KIDS, AND MY MOM AND DAD.
Q.:NOW, YOUR AUNT ON YOUR FATHER’S SIDE, WHAT’S HER FIRST NAME?
A.:AUNT JEAN.
Q.:DID BOTH OF YOUR PARENTS WORK WHEN YOU RETURNED TO SAN DIEGO?
A.:YES, THEY DID. THEY OWNED THEIR OWN BUSINESS. IT WAS COMPOGRAPHICS. IT WAS LIKE A TYPESETTING, IF YOU WILL. THEY DID MATCH COVERS AND THINGS OF THAT NATURE. THEY ALSO DID THE “DICTA,” THE LAWYERS’ MAGAZINE.
Q.:THE MAGAZINE THAT’S DISTRIBUTED TO LAWYERS, THEY DID THE TYPESETTING ON IT?
A.:YES.
Q.:OKAY.
HOW ABOUT ALAN; DID HE WORK WHEN HE WAS A HIGH SCHOOL STUDENT?
A.:YEAH. HE WORKED HIS JUNIOR AND SENIOR YEAR. HE WAS A DISHWASHER AT SASKA’S IN MISSION BEACH.
Q.:DID HE DO ANY OTHER KIND OF WORK THAT YOU’RE AWARE OF?
A.:HE WORKED AT THE RAMADA INN.
Q.:OKAY.
DID THERE COME A TIME WHEN YOUR BROTHERS MOVED OUT?
A.:ALAN MOVED OUT WHEN HE WAS EIGHTEEN, RIGHT OUT OF HIGH SCHOOL. WENT TO MESA, WORKED. AND THEN WHEN EARL TURNED EIGHTEEN, HE MOVED OUT. NOT INITIALLY WITH ALAN, BUT DOWN THE LINE HE MOVED OUT AND THEY WERE ROOMMATES TOGETHER.
Q.:DID ALAN GRADUATE HIGH SCHOOL?
A.:YES, HE DID.
Q.:DO YOU RECALL ABOUT WHEN?
A.:THAT WOULD HAVE BEEN 1970.
Q.:I WOULD LIKE TO SHOW YOU WHAT’S BEEN MARKED COURT’S EXHIBIT 40, MA’AM, AND ASK YOU WHETHER OR NOT YOU RECOGNIZE THAT PHOTOGRAPH.
THE COURT: 40, COUNSEL?
THE WITNESS: YES, I DO.
MR. FELDMAN: I’M SORRY. DEPARTMENT 40. I APOLOGIZE. I READ IT WRONG.
THE COURT: YES.
MR. FELDMAN: IT’S BEEN A LONG TIME, HUH? 228.
THE COURT: ALL RIGHT. THANK YOU.
(PHOTOGRAPH MARKED TRIAL EXHIBIT NUMBER 228 FOR
IDENTIFICATION.)
BY MR. FELDMAN:
Q.:MA’AM, DIRECTING YOUR ATTENTION, PLEASE, JUST FOR THE RECORD, TO 228. CAN YOU TELL US, PLEASE WHO’S IN THAT PHOTOGRAPH?
A.:THIS IS MY MIDDLE BROTHER EARL AND ALAN AND MY FATHER IN ALAN’S GRADUATION.
Q.:HIGH SCHOOL GRADUATION?
A.:YEAH.
Q.:I KNOW WE HAVE WATER. I CAN HELP YOU.
A.:THANK YOU.
Q.:SEE IF THAT HELPS YOU.
A.:THANK YOU.
Q.:AFTER YOUR BROTHER MOVED OUT OF THE HOUSE, AFTER ALAN MOVED OUT OF THE HOUSE, DID THERE COME A TIME WHEN YOUR FAMILY, WHEN YOUR PARENTS BROKE UP?
A.:THEY SEPARATED IN 1974, TOWARD THE END OF MY SENIOR YEAR IN HIGH SCHOOL.
Q.:DO YOU RECALL HOW YOUR BROTHER ALAN REACTED TO THE BREAKUP?
A.:WE WERE ALL KIND OF SHOCKED ABOUT IT. MY PARENTS NEVER ARGUED IN FRONT OF US. THEY NEVER DISPUTED ANYTHING. THEY ALWAYS SEEMED TO GET ALONG. SO WE WERE KIND OF SET BACK BY THE THING.
Q.:DID ALAN HAVE A PARTICULAR RELATIONSHIP, I’M SORRY, A PARTICULAR, I DON’T KNOW, CONCERN, ABOUT WHAT TO DO WITH FAMILY AFTER THE BREAKUP?
A.:HE WAS — HE MENTIONED TO ME THAT IT WAS UPSETTING TO HIM THAT THEY BROKE UP BECAUSE HE — HIS THOUGHTS WERE WHERE DO WE TAKE THE KIDS — SORRY — WHERE DO WE TAKE THE KIDS AT CHRISTMAS, ‘CAUSE HE WANTED LIKE THE TRADITIONAL FAMILY LIFE. AND HE WANTED THE KIDS TO BE ABLE TO GO TO THEIR GRANDPARENTS’ HOUSE. AND IT SEEMED TO BE A CONCERN OF HIS.
(DISCUSSION OFF THE RECORD AMONG THE DEFENSE.)
BY MR. FELDMAN:
Q.:WITH REGARD TO YOUR COMMUNICATIONS WITH YOUR BROTHER ALAN, DID HE ATTEND COLLEGE?
A.:YES, HE DID. HE WENT TO JUNIOR COLLEGE AT MESA.
Q.:AND DO YOU RECALL HIM WORKING WHILE HE WAS IN COLLEGE AT MESA?
A.:YES, HE DID.
Q.:WHAT SORT OF WORK DID HE DO, IF YOU REMEMBER?
A.:AT ONE POINT HE WORKED FOR — AS A JUNIOR DRAFTSMAN, BECAUSE HE DIDN’T HAVE A DEGREE YET, AS A JUNIOR DRAFTSMAN, I’M SORRY, AT HYDRO PRODUCTS IN SORRENTO VALLEY.
Q.:IN ABOUT 1974 WERE YOU STILL IN HIGH SCHOOL?
A.:I GRADUATED THAT YEAR.
Q.:I BETTER MOVE BACK A LITTLE BIT.
WAS THERE A TIME WHEN YOU WERE IN THE DRILL TEAM?
A.:YES.
Q.:DID YOUR BROTHER SUPPORT YOU IN ANY MANNER WITH REGARD TO YOUR DRILL TEAM ATTENDANCE OR PARTICIPATION?
A.:YEAH. HE — PRETTY MUCH MY WHOLE FAMILY DID. EARL WAS IN THE BAND. ’71, ’72. AND THE FAMILY WOULD COME AND WATCH HIM PARTICIPATE. AND THEN IN ’73, ’74 I WAS IN THE DRILL TEAM. AND ALAN WOULD COME AND AT ONE POINT HE WAS MARRIED AND HIS WIFE WOULD COME AND SUPPORT US DURING THOSE EVENTS.
Q.:WOULD YOU SEE HIM ON THE WEEKENDS?
A.:YES.
Q.:AND IF YOU NEEDED RIDES, WOULD HE — WHAT WOULD HE DO?
A.:OH, HE — AT ONE POINT I WAS IN A SQUARE DANCE GROUP, AND WE NEEDED RIDES TO GO TO MULTIPLE FUNCTIONS THAT EVENING. AND HE WAS ONE OF THE HOOKUPS FOR GETTING US FROM ONE POINT TO ANOTHER.
Q.:SORRY. YOU USED THE WORD HOOKUP.
A.:WELL, THE RIDE, IF YOU WILL. FROM — WE HAVE PARENTS THAT WERE SCHEDULED TO PICK US UP HERE AND TAKE US TO THE NEXT POINT. AND HE WAS MY SUBSTITUTE FOR MY PARENTS. HE GAVE US A RIDE. BUT HE BROUGHT HIS GIRLFRIEND ALONG AND PUT HER IN THE BACK BECAUSE HE SAW I WAS WITH A GUY AND PUT ME IN THE FRONT SEAT.
Q.:WITH REGARD TO FAMILY PICNICS, WOULD THERE BE FAMILY PICNICS?
A.:YEAH. WE WOULD GO DOWN TO THE BAY AND HAVE BARBECUES.
Q.:ALL RIGHT.
AND WOULD THAT — WOULD THOSE BARBECUES INCLUDE YOUR PARENTS ALSO?
A.:YES.
Q.:DID THERE COME A TIME WHEN YOU BECAME AWARE THAT ALAN WAS GOING TO GET MARRIED TO JACKIE?
A.:YES. THAT WAS IN, OH, SEVENTY — HE GOT MARRIED TO JACKIE IN ’79. NO. NO, NO. IN ’80?
Q.:OKAY.
A.:’79. ’80. ’79. SORRY.
Q.:ALL RIGHT. AND DID YOU ATTEND THE WEDDING?
A.:YES, I DID.
Q.:DID YOU CONTINUE TO SOCIALIZE THEN WITH ALAN AND JACKIE?
A.:YES, I DID. WE WOULD GO DOWN TO HIS HOME IN — I DON’T KNOW THE AREA. IT WAS ON MICHAEL STREET. I DON’T KNOW WHAT THAT AREA IS CALLED. AND LATER WHEN HE MOVED TO THE TREERIDGE AREA, WE WOULD GO OUT THERE.
Q.:DO YOU RECALL BECOMING AN AUNT?
A.:YES, I DO.
Q.:DO YOU RECALL ABOUT WHEN THAT WAS?
A.:LIS WAS BORN APRIL, 1981.
Q.:DID ALAN EXPRESS EXCITEMENT ABOUT THAT? WAS HE HAPPY ABOUT THAT?
A.:WE WERE ALL EXCITED.
Q.:I WOULD LIKE TO SHOW YOU WHAT’S BEEN PREVIOUSLY MARKED 229. CAN YOU TELL US, PLEASE, WHAT DOES THAT PHOTO DEPICT?
A.:THIS IS MY BROTHER ALAN AND MY BROTHER EARL AND LISA.
(PHOTOGRAPH MARKED TRIAL EXHIBIT NUMBER 229 FOR
IDENTIFICATION.)
BY MR. FELDMAN:
Q.:AT ABOUT THE TIME LISA WAS BORN? SHE LOOKS PRETTY YOUNG IN THERE, HUH?
A.:YEAH. SHE WAS A TODDLER.
Q.:WHEN, AROUND THE TIME, AROUND 1983 OR SO, AROUND THE TIME ALAN’S DAUGHTER WAS BORN, WOULD YOU AGAIN CONTINUE TO SOCIALIZE WITH HIM?
A.:YES. SHE WAS BORN IN ’81. AND YES.
Q.:FOR INSTANCE, WHERE WOULD YOU GO?
A.:A LOT OF TIMES WE — HE LIKED TO HOST PARTIES AT HIS HOUSE, SO WE WOULD GO TO FAMILY BARBECUES. AND HE LIKED TO ENTERTAIN AND JUST GET TOGETHER WITH THE FAMILY. SO I WOULD BRING MY KIDS, AND WE WOULD SPEND TIME TOGETHER.
Q.:WOULD YOU EVER GO CAMPING IN THE DESERT WITH HIM?
A.:WE DID GO, MY HUSBAND AND I AND OUR KIDS AND JACKIE AND ALAN AND HIS KIDS. WE HAD AT THAT TIME JUST CAMPERS ON THE BACK, CAMPER SHELLS ON THE BACK OF OUR TRUCK. AND THE KIDS WOULD SLEEP IN THE CAMPERS, AND WE WOULD SLEEP IN TENTS. AND THEN WE DIDN’T HAVE DIRT TOYS OR ANYTHING LIKE THAT. WE JUST KIND OF TRUCKED AROUND.
Q.:WOULD HE GET STUCK?
A.:HE GOT US UP A HILL THAT YOU COULDN’T GET OUT OF WITHOUT BACKING ALL THE WAY DOWN. SO THAT WAS ENTERTAINING.
Q.:AT SOME POINT DO YOU RECALL THAT FAMILY MOVED TO TREERIDGE?
A.:CORRECT.
Q.:ABOUT WHEN THAT WAS, DO YOU RECALL?
A.:’84. ’85.
Q.:IN THAT —
A.:’86.
Q.:OKAY.
IN THAT TIME WINDOW WOULD ALAN DO PROJECTS AROUND HIS HOUSE?
A.:HE ACTUALLY — HE BOUGHT THAT HOUSE BRAND NEW. IT WASN’T BUILT YET. SO UNTIL IT WAS BUILT, EVERY TIME THERE WAS A — THE HOUSE WAS AT A CERTAIN POINT, HE DRUG US ALL UP THERE, AND WE HAD TO LOOK AT EACH SECTION OF THE BUILDING GOING ON. AND THEN — SO, OF COURSE, WHEN HE MOVED IN, THERE WAS NO LANDSCAPING. AND HE DESIGNED ALL THE LANDSCAPING. HE PUT A POOL IN THE BACK. HE DESIGNED THAT. HE DESIGNED A BIRD AVIARY OFF TO THE SIDE. IT WAS RATHER EXTENSIVE STRUCTURE WHICH HE HAD MULTIPLE BIRDS IN. AND IT WAS NICE TO SIT IN THE BACKYARD AND HEAR THE BIRDS.
Q.:DID HE INVOLVE THE KIDS IN THE PROJECT?
A.:YEAH. HE DID. ALL THE PROJECTS.
Q.:HOW SO?
A.:JUST PLANTING AND I THINK HE GOT THEIR OPINION QUITE A BIT ON HOW THEY WANTED THINGS TO BE. THEY WANTED A, YOU KNOW, — HE WANTED A SAND VOLLEYBALL NET, AND THEY WANTED MORE GRASS. SO HE INVOLVED THEM QUITE A BIT. A LOT IN THE BIRD AVIARY. THAT WAS THEIR FAMILY PROJECT WHERE MY UNDERSTANDING IS THE KIDS DID A LOT OF THE KEEP OF THE BIRDS. HE TAUGHT THEM HOW TO TAKE CARE OF BIRDS AND HOW TO KEEP UP THE AVIARY AND REPLACE THE SAWDUST AND FEED THEM.
Q.:THE KIDS CLEANED UP AFTER THE BIRDS?
A.:YEAH.
Q.:DID ANYBODY ENCOURAGE THEM TO DO THAT?
A.:I’M SORRY?
Q.:DID YOUR BROTHER ENCOURAGE THEM TO CLEAN UP AFTER THE BIRDS?
A.:YEAH.
Q.:JUST LIKE MOST KIDS, YOU GET ME THE BIRDS, AND I PROMISE I’LL CLEAN UP, AND IT DIDN’T HAPPEN?
A.:YES.
Q.:DID YOUR DAD END UP HAVING TO CLEAN UP?
A.:TO SOME EXTENT, YEAH.
Q.:SHOWING YOU WHAT’S BEEN PREVIOUSLY MARKED 230. LET ME ASK YOU: CAN YOU TELL ME WAS THIS A PHOTOGRAPH THAT WAS TAKEN AT TREERIDGE, IF YOU RECALL?
A.:YES, IT WAS.
Q.:OKAY.
(PHOTOGRAPH MARKED TRIAL EXHIBIT NUMBER 230 FOR
IDENTIFICATION.)
BY MR. FELDMAN:
Q.:AND WHAT DOES THE PHOTO DEPICT, PLEASE?
A.:IT’S MY DAD, MY BROTHER, AND MY DAD’S BROTHER, UNCLE WILEY.
Q.:I’M SORRY. WHICH AUNT — WHICH SIDE OF THE FAMILY IS UNCLE WILEY?
A.:MY DAD’S. AND HE’S MARRIED TO MY AUNT JEAN.
Q.:HE’S NOW DECEASED, THOUGH, ISN’T HE?
A.:YES, HE IS.
Q.:AFTER THE MOVE TO TREERIDGE, DID THERE COME A TIME WHEN YOUR MIDDLE BROTHER PASSED AWAY?
A.:HE PASSED AWAY IN 1990. HE WAS DIAGNOSED TWO YEARS EARLIER WITH A TERMINAL DISEASE.
Q.:AND IN THE EARLY NINETIES DID YOUR FATHER DIE?
A.:HE PASSED AWAY IN 1993, BUT WE DIDN’T GET MUCH WARNING ON HIM. I GOT A CALL SATURDAY MORNING THAT HE WAS NOT DOING WELL AND THAT I SHOULD COME OVER. AND I TOOK HIM — MY HUSBAND AND I TOOK HIM TO THE HOSPITAL. AND WE COULDN’T GET AHOLD OF ALAN TO LET HIM KNOW. HE WAS CAMPING WITH HIS FAMILY. AND SO I HAD A GIRLFRIEND GO OVER AND LEAVE A NOTE ON THE DOOR. AND MY DAD PASSED AWAY THAT SUNDAY NIGHT.
Q.:AT THE DEATH OF YOUR FATHER WHAT WAS YOUR BROTHER ALAN’S REACTION?
A.:HE WAS DEPRESSED. BUT HE TOOK CARE OF EVERYTHING.
Q.:WHAT DOES THAT MEAN?
A.:HE TOOK CARE OF THE ARRANGEMENTS, TOOK CARE OF THE HOSPITAL. VERY SENSITIVE TO EVERYBODY ELSE’S NEEDS IN THAT HE SENT — HE SENT MYSELF AND MY GRANDMOTHER AND MY MOM FLOWERS AND TOOK CARE OF THE HOSPITAL BILLS, HELPED MY AUNT. MY FATHER AT THE TIME WAS LIVING AND TAKING CARE WITH MY GRANDMOTHER. AND SO HE HELPED MY AUNT AND UNCLE DO THE CLEANUP OF MY GRANDMOTHER’S HOUSE, CLEANING OUT THE ROOM AND MY DAD’S STUFF. AND HE ACTUALLY TOOK CARE OF THE STORAGE UNIT THAT MY DAD HAD. AND SO HE PRETTY MUCH JUST STEPPED IN AND TOOK CARE OF EVERYTHING.
Q.:AT SOME POINT DID YOU BECOME AWARE THAT ALAN AND JACKIE WERE GETTING DIVORCED?
A.:YES, I DID.
Q.:DO YOU RECALL WHEN ABOUT THAT WAS?
A.:OH, I BELIEVE IT WAS IN 1996.
Q.:HOW WAS HIS REACTION?
A.:HE WAS UPSET. HE STILL LOVED JACKIE. AND HE WAS CONCERNED ABOUT HOW IT WOULD AFFECT THE CHILDREN, BECAUSE HE WANTED THEM TO GROW UP IN A TWO-PARENT ENVIRONMENT. AND THEY WORKED REAL HARD TO CREATE THAT EVEN THOUGH THEY MOVED TO SEPARATE HOMES. THEY AGREED TO STAY BOTH IN POWAY. AND SO THEY BOUGHT — SOLD THEIR HOME, THEIR EXISTING HOME, AND BOTH BOUGHT SEPARATE HOMES IN POWAY SO THAT THE KIDS COULD STILL ATTEND THE SAME SCHOOLS AND STAY AS MUCH OF A NORMAL LIFE AS THEY COULD.
AND THE — THE ARRANGEMENTS WERE THAT HE WOULD HAVE THE KIDS FOR TWO WEEKS, AND THEN JACKIE WOULD HAVE THE KIDS FOR TWO WEEKS. SO THEY BOTH MADE SURE THAT THEIR HOMES THAT THEY BOUGHT HAD EXTRA BEDROOMS FOR THE KIDS AND THAT THEY WERE SET UP SO THAT THEY COULD HAVE COMPUTERS OR WHATEVER THEY NEEDED, WHATEVER THE KIDS NEEDED IN BOTH ENVIRONMENTS SO THAT THERE WASN’T A LOT OF HASSLE IN MOVING BETWEEN THE HOMES.
Q.:AND WASN’T THE ENVIRONMENT AT LEAST IN A LOCATION WHERE THE KIDS COULD STAY IN THE SAME SCHOOLS?
A.:YES. THEY WERE IN THE SAME SCHOOLS.
Q.:SO THE KIDS, ALTHOUGH THE PARENTS DIVORCED, THE KIDS DIDN’T GET UPROOTED BY HAVING TO GO TO DIFFERENT SCHOOLS.
A.:THAT WAS A MAJOR CONCERN THEY BOTH HAD, YES.
Q.:AROUND THE TIME OF THE DIVORCE, WHAT SORT OF OR BEFORE DID YOUR BROTHER ALAN PARTICIPATE IN ACTIVITIES WITH HIS CHILDREN?
A.:YES, HE DID. THEY WERE INVOLVED IN ATHLETICS. LIS WAS I KNOW. HE WOULD CALL AND BRAG ABOUT THE SWIM MEETS THAT SHE WAS IN. AND SHE PLAYED SOCCER EXTENSIVELY WHEN SHE WAS YOUNGER. NEAL PLAYED A SAXOPHONE IN THE BAND. AND SO HE WOULD ATTEND THOSE. AND I WOULD GET PHONE CALLS ON THAT.
Q.:SO AS BEST YOU COULD TELL, HE ALWAYS MAINTAINED HIS RELATIONSHIP WITH HIS KIDS AS BEST HE COULD?
A.:OH, DEFINITELY.
Q.:AND IT SEEMED TO YOU THAT IT WAS IMPORTANT TO HIM TO MAINTAIN THAT RELATIONSHIP?
A.:YES, IT DID. I’M SORRY.
Q.:EXCUSE ME JUST FOR A MINUTE.
(DISCUSSION OFF THE RECORD BETWEEN MR. FELDMAN
AND MR. BOYCE.)
BY MR. FELDMAN:
Q.:EARLIER I WAS ASKING YOU ABOUT YOUR BROTHER’S REACTIONS AT THE TIME OF YOUR FATHER’S DEATH AND SPECIFICALLY WITH REGARD TO THE FUNERAL. YOU SAID THAT YOUR BROTHER WAS SENSITIVE TO OTHER PEOPLE’S NEEDS. BUT I JUST WANT TO MAKE SURE OF THE CONTEXT. WHAT YOU MEAN TO COMMUNICATE WAS THAT HE WAS SENSITIVE TO YOUR FAMILY’S NEEDS AT THAT TIME. THAT’S RIGHT, ISN’T IT?
A.:CORRECT. CORRECT.
Q.:YOU WEREN’T INTENDING TO BROADEN THAT STATEMENT OUT ANY, WERE YOU?
A.:NO. HE WAS — HE WAS SENSITIVE IN THE FACT THAT HE WAS CONCERNED THAT WE WERE ALL OKAY, THAT HE THOUGHT IT WAS THE PROPER THING TO DO TO SEND EVERYBODY FLOWERS AND TO LET THEM KNOW HOW MUCH HE CARED ABOUT THEM.
Q.:MA’AM, IN COURT TODAY ARE MEMBERS OF YOUR FAMILY.
A.:YES, SIR.
Q.:WHO?
A.:MY MOTHER’S HERE AND MY HUSBAND’S HERE AND MY AUNT IS NOT IN THE ROOM.
Q.:DO YOU LOVE YOUR BROTHER?
A.:YES, I DO.
MR. FELDMAN: NOTHING FURTHER.
THE COURT: ALL RIGHT.
CROSS-EXAMINATION. CROSS-EXAMINATION BY MR. DUSEK:
Q.:I WILL TRY NOT TO TAKE TOO LONG, MA’AM. IT SOUNDS LIKE THE FAMILY GREW UP PRIMARILY IN MAINE.
A.:WHEN WE WERE YOUNGER, CORRECT.
Q.:FOR WHAT PERIOD OF TIME?
A.:FROM THE TIME I WAS A BABY UNTIL ’67, ’68. I WAS IN THE SEVENTH GRADE. ALAN WOULD HAVE BEEN IN HIGH SCHOOL. HE WAS A JUNIOR WHEN WE MOVED OUT HERE. JUNIOR IN HIGH SCHOOL.
Q.:SO BASICALLY HE SPENT HIS EARLY YEARS OUTSIDE OF CALIFORNIA BACK IN MAINE.
A.:CORRECT.
Q.:IT SOUNDS LIKE YOU HAD A GOOD LIFE THERE. IS THAT RIGHT?
A.:VERY MUCH SO.
Q.:FATHER WAS EMPLOYED?
A.:HE ACTUALLY OWNED INCOME PROPERTY, SO ONCE HE DIDN’T RENEW HIS TERM IN THE LEGISLATURE, IF YOU WILL, HE DIDN’T ACTUALLY WORK.
Q.:BUT HE WAS ABLE TO SUPPLY THE FAMILY WITH ALL OF THE NEEDS THE FAMILY HAD.
A.:YES.
Q.:THE FAMILY WAS NOT POOR.
A.:NO.
Q.:THE FAMILY WAS NOT IMPOVERISHED.
A.:NO.
Q.:AND YOUR MOTHER WAS AT HOME ALL THE TIME.
A.:WHEN WE LIVED IN MAINE, YES.
Q.:SHE WAS A STAY-AT-HOME MOM.
A.:YES.
Q.:AND ATTENDED THE NEEDS OF ALL THE KIDS, INCLUDING YOUR BROTHER.
A.:CORRECT.
Q.:AND THROUGH THOSE YEARS YOUR BROTHER WAS ABLE TO GO TO SCHOOL AND LEARN WHAT WAS AVAILABLE IN SCHOOL.
A.:CORRECT.
Q.:HE DIDN’T HAVE TO DROP OUT OF SCHOOL TO GET A JOB.
A.:NO.
Q.:AND THERE WAS NO ALCOHOL ABUSE IN THE FAMILY.
A.:NO.
Q.:NO DRUG ABUSE IN THE FAMILY.
A.:NO.
Q.:NO MOLEST IN THE FAMILY.
A.:NO.
Q.:NO PHYSICAL ABUSE IN THE FAMILY.
A.:NO.
Q.:YOU GOT TO TAKE VACATIONS.
A.:YES.
Q.:YOUR FAMILY, YOU AND YOUR BROTHER AND SISTERS, WERE PROVIDED A GOOD LIFE BY YOUR PARENTS, WEREN’T THEY?
A.:I DIDN’T HAVE A SISTER, BUT MY TWO BROTHERS. SORRY.
Q.:YOUR TWO BROTHERS. AND YOUR BROTHER WAS ABLE TO CONTINUE HIS EDUCATION AS FAR AS HE WANTED TO GO.
A.:YES. WELL, BY THAT TIME THE INCOME PROPERTY WAS NO LONGER PRODUCING, SO COLLEGE WAS PRETTY MUCH ON HIS OWN AS FAR AS INCOME WAS CONCERNED. HE WORKED HIS WAY THROUGH COLLEGE.
Q.:ALL RIGHT. AND HE WAS ABLE TO DO THAT?
A.:YES.
Q.:HE DIDN’T HAVE ANY OUTSIDE OBLIGATIONS OR ANY THINGS THAT WERE PREVENTING HIM FROM BETTERING HIMSELF IN HIS LIFE.
A.:NO.
Q.:HE WAS ABLE TO CHOOSE WHAT HE WANTED TO DO.
A.:YES.
Q.:AND THERE DIDN’T APPEAR TO BE ANYTHING THAT WAS NEGATIVELY INFLUENCING HIM ALONG THE WAY.
A.:NO.
Q.:YOU TALKED ABOUT I THINK IT WAS HIS SON, HE GOT TO PLAY THE SAXOPHONE.
A.:YES.
Q.:DO YOU RECALL?
A.:YES.
Q.:AND HE WAS ABLE TO ENJOY HIS SON PLAYING THE SAXOPHONE IN HIGH SCHOOL, WASN’T HE?
A.:YES.
Q.:HOW LONG HAD NEAL BEEN PLAYING THE SAXOPHONE?
A.:I DON’T RECALL EXACTLY WHEN HE STARTED, BUT HE WAS PROBABLY JUNIOR HIGH. THAT’S USUALLY WHEN THEY PUT THEM INTO MUSIC CLASSES.
Q.:AND YOUR BROTHER WAS ALLOWED TO WATCH HIS SON PROGRESS IN HIS ABILITY TO PLAY THE MUSIC.
A.:YES.
Q.:DID HE SEEM TO ENJOY WATCHING HIS CHILD PROGRESS IN THE MUSIC FIELD?
A.:YES.
Q.:AND HE HAD A DAUGHTER, TOO, DIDN’T HE?
A.:YES, HE DID.
Q.:AND HE GOT TO ENJOY HIS DAUGHTER’S DEVELOPMENT THROUGH LIFE, DIDN’T HE?
A.:YES, HE DID.
Q.:HE GOT TO SEE ALL THE MILESTONES IN HER LIFE.
A.:YES, HE DID.
Q.:HE GOT TO GO TO HER GRADUATION, DIDN’T HE?
A.:YES, HE DID.
Q.:DID HE GO, DO YOU KNOW?
A.:YEAH. I WAS TRYING TO REMEMBER. THEY SWITCH OFF. POWAY IS HUGE. SO YOU ONLY GET SO MANY TICKETS PER FAMILY MEMBER. SO HE WENT TO LIS’ WITH JACKIE’S FAMILY, AND THEN HE GOT THE TICKETS TO NEAL’S, AND I WENT WITH HE AND JACKIE TO NEAL’S.
Q.:WHAT I’M CONCERNED WITH IS HE’S BEEN ABLE TO ENJOY THE GROWTH OF HIS CHILDREN.
A.:YES, HE HAS.
Q.:AND HE SEEMS TO KNOW HOW IMPORTANT THAT IS TO A PARENT, DOESN’T HE?
A.:YES.
(BRENDA VAN DAM LEFT THE COURTROOM AT THIS POINT.)
MR. FELDMAN: YOUR HONOR, CAN THE RECORD PLEASE —
THE COURT: YES. THE RECORD WILL REFLECT THAT MRS. VAN DAM HAS AUDIBLY LEFT THE COURTROOM.
LADIES AND GENTLEMEN OF THE JURY, PLEASE DISREGARD THE OUTBURST.
BY MR. DUSEK:
Q.:YOU TALKED ABOUT A DIVORCE THAT HE WENT THROUGH WITH JACKIE.
A.:YES.
Q.:WAS THAT HIS FIRST DIVORCE?
A.:NO. IT WAS NOT.
Q.:SO HE ALREADY HAD BEEN THROUGH ONE DIVORCE BEFORE THAT.
A.:CORRECT.
Q.:WHO WAS THAT?
A.:THAT WAS DEBBIE.
Q.:WHAT’S HER LAST NAME? HOW LONG AGO WAS HE MARRIED TO HER?
A.:HE MARRIED HER IN ’73 I BELIEVE.
Q.:HOW LONG WAS HE MARRIED TO HER?
A.:I THINK THEY FILED IN ’78, BUT THEY HAD BEEN SEPARATED PRIOR TO THAT.
Q.:WHOSE IDEA WAS THAT DIVORCE?
A.:I THINK IT WAS A MUTUAL DECISION.
Q.:HOW QUICKLY DID HE REMARRY AFTER THAT DIVORCE?
A.:HE HAD BEEN SEPARATED FOR LIKE FOUR OR FIVE YEARS, AND HE ACTUALLY FILED AFTER HE HAD BEEN DATING JACKIE.
Q.:HE FILED FOR THE DIVORCE FROM HIS FIRST WIFE AFTER HE STARTED DATING JACKIE?
A.:RIGHT. BUT THEY HADN’T BEEN LIVING TOGETHER FOR FOUR OR FIVE YEARS. THEY JUST NEVER GOT AROUND TO FILING THE PAPERS.
Q.:HOW LONG AFTER THE DIVORCE DID HE MARRY JACKIE?
A.:SIX MONTHS OR SO. I’M SORRY. I’M GUESSING.
Q.:I THINK YOU TALKED ABOUT FAMILY GET-TOGETHERS AT HIS HOUSE OVER ON TREERIDGE.
A.:TREERIDGE.
Q.:IS THAT A PLACE IN POWAY?
A.:IT’S A STREET IN POWAY.
Q.:ON OCCASIONS DID SOME OF JACKIE’S RELATIVES SHOW UP AT SOME OF THOSE PARTIES?
A.:THEY WERE PRETTY MUCH ALWAYS THERE.
Q.:AND I THINK YOU DESCRIBED THE DEFENDANT WOULD BE CHECKING ON THE PEOPLE THROUGHOUT THE PARTY, MAKE SURE THEY WOULD HAVE A GOOD TIME.
A.:HE WAS A GOOD HOSTESS, YES.
Q.:DID HE HAVE ANY RESPONSIBILITY TO CHECK ON ANY KIDS THAT MIGHT BE SLEEPING?
A.:WE ALL WOULD GO UP AND CHECK ON KIDS.
Q.:ALONE OR WITH SOMEONE ELSE?
A.:WHOEVER FELT LIKE IT I GUESS. I DON’T KNOW.
Q.:IS THAT SOMETHING HE —
A.:IF I WENT UP AND CHECKED ON THE KIDS SLEEPING, I WOULD GO BY MYSELF.
Q.:DO YOU KNOW IF HE EVER DID?
A.:I DON’T KNOW.
Q.:WERE THERE TIMES THAT DURING THESE PARTIES WHEN, YOU KNOW, YOU JUST WEREN’T WATCHING EVERYBODY AT THE SAME TIME?
A.:THERE WAS A LOT OF PEOPLE THERE. I CAN’T ACCOUNT FOR EVERYBODY PRESENT.
Q.:I THINK YOU TALKED ABOUT THE DIVORCE CAUSING PROBLEMS AT LEAST IN HIS MIND AT THE TIME BECAUSE HE COULD NOT HAVE THE TRADITIONAL FAMILY CHRISTMAS. IS THAT RIGHT?
A.:THAT WAS MY FATHER.
Q.:I’M SORRY. WHEN YOUR PARENTS GOT DIVORCED, —
A.:CORRECT.
Q.:— IT UPSET YOUR BROTHER —
A.:CORRECT.
Q.:— THAT THEY COULD NOT HAVE THE TRADITIONAL FAMILY CHRISTMAS.
A.:THEY DIDN’T HAVE THE GRANDPARENTS’ HOUSE TO GO TO. THEY WOULD GO TO — THEY ENDED UP GOING TO JACKIE’S GRANDPARENTS’ HOUSE FOR THAT.
Q.:THEY COULD STILL GO AND SEE BOTH PARENTS, THOUGH, COULDN’T THEY
A.:YES.
Q.:THOSE PEOPLE WERE STILL AROUND.
A.:THEY WERE STILL IN SAN DIEGO, CORRECT.
Q.:THERE WASN’T LIKE ANYBODY MISSING THAT THEY COULDN’T GO SEE, WAS THERE?
MR. FELDMAN: ARGUMENTATIVE.
THE COURT: OVERRULED.
YOU CAN ANSWER THAT.
THE WITNESS: NOT AT THAT TIME. I DON’T KNOW WHAT TIME YOU’RE REFERRING TO, BUT, YES.
BY MR. DUSEK:
Q.:AND YOU TALKED ABOUT WHEN PEOPLE DIED IN YOUR FAMILY. HIS BROTHER —
A.:YES.
Q.:— DIED OF A DISEASE OR A NATURAL CAUSES.
A.:HE HAD A TERMINAL ILLNESS.
Q.:ALL RIGHT.
AND YOUR FATHER, WHEN HE DIED, THAT WAS A DISEASE OR NATURAL CAUSES?
A.:CORRECT.
Q.:NONE OF THESE PEOPLE DIED AT THE HANDS OF ANOTHER, DID THEY?
A.:NO, THEY DID NOT.
MR. BOYCE: OBJECTION.
THE COURT: OVERRULED.
THE ANSWER IS NO, AND IT WILL STAND.
BY MR. DUSEK:
Q.:THE DIVORCE THAT YOU TOLD US ABOUT WITH JACKIE, WHOSE IDEA WAS THAT DIVORCE?
A.:JACKIE’S.
Q.:DO YOU KNOW WHY?
MR. FELDMAN: SPECULATION. FOUNDATION.
THE COURT: SUSTAINED.
BY MR. DUSEK:
Q.:DID THE DEFENDANT EVER TELL YOU WHY?
MR. FELDMAN: SAME OBJECTION.
MR. BOYCE: 352.
THE COURT: SAME RULING.
BY MR. DUSEK:
Q.:AFTER THE DIVORCE, THE DEFENDANT WAS EMPLOYED IN — WHERE WAS HE EMPLOYED AT THE TIME OF THE DIVORCE FROM JACKIE?
A.:AT THAT POINT I THINK HE HAD — HE WAS STAYING HOME AND WORKING OUT OF THE HOUSE ON — THROUGH SPECTRUM DESIGN AT THE TIME OF THE DIVORCE. I THINK HE WAS A STAY-AT-HOME DAD, KIND OF WORKING OUT OF AN OFFICE KIND OF THING.
Q.:AN OFFICE IN THE HOUSE?
A.:YES.
Q.:AND WAS THE HOUSE THE ONE ON TREERIDGE OR THE ONE
THAT —
A.:TREERIDGE.
Q.:AND WHEN HE LIVED THERE, DID HE LIVE THERE BY HIMSELF, EXCEPT FOR WHEN THE KIDS WOULD STAY ON THERE?
A.:ON TREERIDGE?
Q.:YES.
A.:I’M SORRY. I’M CONFUSED. YOU’RE TALKING ABOUT AFTER THE DIVORCE?
Q.:YES.
A.:OH, AFTER THE DIVORCE, THEN HE LIVED AT THE OTHER HOUSE IN SABRE SPRINGS. THE HOUSE HE LIVED ON TREERIDGE THEY SOLD FOR THE DIVORCE, THROUGH THE DIVORCE.
Q.:AND FROM THERE HE MOVED TO THAT NICE HOUSE ON MOUNTAIN PASS.
A.:CORRECT.
Q.:AND THAT’S WHERE HE WAS WORKING OUT OF THE HOUSE?
A.:CORRECT.
MR. DUSEK: THANK YOU, MA’AM.
THE COURT: ALL RIGHT.
ANYTHING FURTHER?
(DISCUSSION OFF THE RECORD AMONG THE DEFENSE.)
MR. FELDMAN: THANK YOU. NO.
THE COURT: ALL RIGHT.
IS MS. P. TO BE EXCUSED SO SHE CAN REMAIN IN THE COURTROOM?
MR. FELDMAN: PLEASE.
THE COURT: ANY OBJECTION?
MR. DUSEK: NO.
THE COURT: ALL RIGHT.
MA’AM, YOUR TIME WITH US IS DONE. YOU’RE FREE TO REMAIN IN THE COURTROOM. PLEASE REMEMBER, HOWEVER, YOU’RE UNDER AN ADMONISHMENT NOT TO DISCUSS YOUR TESTIMONY UNTIL THE MATTER IS CONCLUDED.
YOU CAN HAND THAT TO MY BAILIFF ON YOUR WAY BACK TO THE GALLERY.
(THE WITNESS WAS EXCUSED.)
THE COURT: ALL RIGHT. MR. BOYCE.
MR. BOYCE: JEAN WESTERFIELD. JEAN WESTERFIELD,
CALLED AS A WITNESS BY THE DEFENDANT, HAVING BEEN DULY SWORN, TESTIFIED AS FOLLOWS:
MR. FELDMAN: YOUR HONOR, THE CAMERAS, PLEASE.
THE COURT: OH. ALL RIGHT. I HADN’T GOTTEN THE HEADS UP. BUT ALL RIGHT.
THE CLERK: MA’AM, WOULD YOU PLEASE STATE YOUR NAME AND SPELL IT FOR THE RECORD.
THE WITNESS: MY NAME IS JEAN WESTERFIELD.
THE CLERK: SPELL YOUR NAME, PLEASE.
THE WITNESS: J-E-A-N W-E-S-T-E-R-F-I-E-L-D.
THE COURT: THANK YOU. DIRECT EXAMINATION
BY MR. BOYCE:
Q.:GOOD AFTERNOON, MISS WESTERFIELD.
A.:GOOD AFTERNOON.
Q.:WHAT’S YOUR RELATION TO DAVID ALAN WESTERFIELD?
A.:I’M AN AUNT BY MARRIAGE.
Q.:HOW DO YOU KNOW MR. WESTERFIELD?
A.:WELL, HE WAS PART OF THE FAMILY.
Q.:I’M SORRY. DO YOU KNOW HIM BY DAVID OR DO YOU KNOW HIM BY ALAN?

A.:I KNOW HIM BY ALAN.
Q.:YOU SAY YOUR AUNT. WHO WERE YOU MARRIED TO?
A.:I WAS MARRIED TO HIS UNCLE WILEY.
Q.:AND HIS UNCLE WILEY WAS HIS FATHER HORATIO’S BROTHER, IS THAT CORRECT?
A.:THAT’S CORRECT, YES.
Q.:WHEN DID YOU MARRY WILEY WESTERFIELD?
A.:1966.
Q.:IS WILEY STILL ALIVE?
A.:NO, HE IS NOT.
Q.:WHEN DID HE DIE?
A.:HE DIED IN 1997.
Q.:MRS. WESTERFIELD, SHOWING YOU A PICTURE THAT’S BEEN IDENTIFIED AS COURT’S EXHIBIT 230. DAVID WESTERFIELD APPEARS TO BE IN THE MIDDLE. DO YOU RECOGNIZE THE OTHER TWO PEOPLE IN THAT PHOTOGRAPH?
A.:YES. THE ONE ON THE LEFT IS MY HUSBAND, AND THE ONE ON THE RIGHT IS HIS FATHER.
Q.:WHOSE FATHER?
A.:DAVID’S OR ALAN’S FATHER.
Q.:HORATIO WESTERFIELD IS ON THE RIGHT?
A.:YES. THAT’S CORRECT.
Q.:AND WILEY IS ON THE LEFT?
A.:THAT’S CORRECT.
Q.:DO YOU KNOW JACKIE WESTERFIELD?
A.:YES, I DO.
Q.:DID YOU GO TO THE WEDDING?
A.:YES, I DID.
Q.:DID YOU VISIT WITH DAVID WESTERFIELD AND JACKIE WHEN THEY WERE MARRIED?
A.:YES, I HAVE. SEVERAL TIMES.
Q.:DID YOU GO TO THEIR HOUSE?
A.:YES, WE DID.
Q.:ON WHAT OCCASION?
A.:MOSTLY ON HOLIDAYS. AND THERE MIGHT HAVE BEEN SOME BIRTHDAYS, BUT MOST OF THEM WERE HOLIDAYS, ON CHRISTMAS AND THANKSGIVING.
Q.:HOW ABOUT BARBECUES?
A.:WELL, SOME OF THOSE WERE BARBECUES AT THAT TIME, YES.
Q.:AFTER YOUR HUSBAND DIED, WHERE DID YOU MOVE?
A.:I REMAINED IN THE HOUSE WITH MY MOTHER-IN-LAW.
Q.:THAT WAS WITH DAVID ALAN WESTERFIELD’S MOTHER, IS THAT CORRECT?
A.:NO. GRANDMOTHER.
Q.:GRANDMOTHER. I’M SORRY.
AND ALAN VISIT YOU THERE?
A.:YES, HE DID.
Q.:DID HE VISIT HIS GRANDMOTHER THERE?
A.:YES, HE DID.
Q.:ON SOME OF THESE OCCASIONS DID HE PAINT THE HOUSE?
A.:YES, HE DID. I THINK THAT WAS PRIOR TO PROBABLY MY HUSBAND PASSING AWAY, THOUGH. THAT WAS BACK A LITTLE BIT FARTHER THAN THAT.
Q.:SO HE WOULD COME OUT AND HE WOULD HELP YOU WITH YOUR MOTHER-IN-LAW, IS THAT RIGHT?
A.:WELL, HE WOULD COME OUT AND VISIT HER AND WOULD OFFER TO HELP DO THINGS. VERY DIFFICULT FOR A YOUNG MAN LIKE HIM TO HELP WITH THE ELDERLY LADY, BUT HE WAS WILLING TO DO IT.
Q.:HOW OLD WAS ALAN AT THAT TIME?
A.:WELL, THAT WAS BACK IN ABOUT FIVE YEARS AGO. I DON’T KNOW. LET’S SEE. NO. THAT WOULD BE — I’M SORRY. IT WOULD BE ABOUT A COUPLE, THREE YEARS AGO. SO THAT WOULD MAKE HIM ABOUT FORTY-SEVEN, FORTY-EIGHT.
(DISCUSSION OFF THE RECORD AMONG THE DEFENSE.)
MR. BOYCE: THANK YOU, MISS WESTERFIELD.
THE COURT: ALL RIGHT.
CROSS-EXAMINATION. CROSS-EXAMINATION
BY MR. DUSEK:
Q.:MA’AM, THE PHOTOGRAPH THAT YOU HAVE THERE IN FRONT OF YOU, —
A.:YES.
Q.:— WHAT’S THE NUMBER ON IT? THERE SHOULD BE A COURT EXHIBIT.
A.:230.
Q.:WHEN WAS THAT TAKEN, HOW LONG AGO?
A.:OH, I DON’T KNOW.
Q.:CAN YOU GIVE US AN ESTIMATE BY THE APPEARANCES OF THE PEOPLE ON THERE OR WHEN YOU KNEW THAT THEY DIED OR PERHAPS THE BUILDINGS IN THE BACKGROUND?
A.:I DON’T RECOGNIZE ANY OF THE BUILDINGS.
Q.:HAVE YOU EVER SEEN THAT PICTURE BEFORE?
A.:NO, I HAVE NOT.
Q.:WHEN WAS THE FIRST TIME YOU SAW IT?
A.:RIGHT NOW.
Q.:ALL RIGHT.
YOU TALKED ABOUT ATTENDING THE WEDDING. WHICH WEDDING DID YOU ATTEND?
A.:YES. I HAVE ATTENDED BOTH OF THE WEDDINGS.
Q.:ALL RIGHT.
YOU ALSO INDICATED THAT IT WAS DIFFICULT FOR THE DEFENDANT TO HELP WITH THE GRANDMOTHER. WHY IS THAT?
A.:WELL, IT’S JUST VERY DIFFICULT FOR A MAN OF ANY KIND TO HELP WITH AN ELDERLY LADY THAT HAS ALZHEIMER AND, YOU KNOW, AND THAT TYPE OF THING. CHANGING DIAPERS AND WHAT HAVE YOU.
Q.:ALL RIGHT.
WHY IS IT HARD FOR A GUY TO DO THAT?
A.:WELL, I DON’T KNOW. I WOULD SAY IT IS.
Q.:WHERE WERE YOU GUYS LOCATED, YOU AND THE GRANDMOTHER?
A.:POINT LOMA.
Q.:HOW FAR AWAY WAS THAT FROM WHERE THE DEFENDANT WAS?
A.:I DON’T KNOW HOW MANY MILES IT WOULD BE. QUITE A FEW.
Q.:HE WOULD BE IN POWAY, THOUGH?
A.:YES. THAT’S CORRECT.
Q.:ALL RIGHT.
AND HAS SHE PASSED AWAY OR IS SHE STILL —
A.:YES. SHE HAS PASSED AWAY.
Q.:HOW LONG AGO?
A.:SHE PASSED AWAY IN 1999. APRIL.
Q.:HOW OFTEN WOULD HE COME BY?
A.:I DON’T REMEMBER HOW MANY TIMES. I DON’T REMEMBER.
Q.:HOW LONG WERE YOU RESPONSIBLE FOR HER CARE?
A.:AFTER MY HUSBAND PASSED AWAY?
Q.:OKAY.
A.:ABOUT A YEAR AND A HALF.
Q.:AND HOW MUCH BEFORE THAT WERE YOU AND YOUR HUSBAND RESPONSIBLE FOR HER CARE BEFORE HE PASSED?
A.:YES.
Q.:HOW OFTEN DID HE COME BY DURING THAT AMOUNT OF TIME?
A.:I DIDN’T KEEP TRACK OF THE TIME, NUMBER OF TIMES. I CAN’T ANSWER THAT QUESTION.
MR. DUSEK: THANK YOU, MA’AM.
THE COURT: ALL RIGHT.
ANYTHING FURTHER? MR. BOYCE? REDIRECT EXAMINATION
BY MR. BOYCE:
Q.:HOW OLD WAS YOUR — WAS HIS GRANDMOTHER WHEN SHE DIED?
A.:SHE WAS NINETY-TWO I BELIEVE.
Q.:DID SHE HAVE ANY AILMENTS TO YOUR KNOWLEDGE?
A.:SHE HAD NO AILMENTS SHE WAS VERY — PHYSICALLY VERY WELL. EXCEPT FOR MENTAL. SHE HAD ALZHEIMER’S DEMENTIA.
Q.:AND BECAUSE OF THAT DID SHE ALWAYS RECOGNIZE ALAN WHEN HE WOULD COME OVER?
A.:OH, NO. NOT AT ALL.
Q.:DO YOU CARE ABOUT ALAN?
A.:I CERTAINLY DO.
Q.:DO YOU CARE ABOUT WHAT HAPPENS TO HIM?
A.:ABSOLUTELY.
MR. BOYCE: I HAVE NOTHING FURTHER.
THE COURT: ANYTHING FURTHER, MR. DUSEK?
MR. DUSEK: NO, THANK YOU.
THE COURT: IS THIS WITNESS TO BE EXCUSED IN CASE SHE WANTS TO REMAIN?
MR. FELDMAN: NO OBJECTION.
THE COURT: ANY OBJECTION?
MR. DUSEK: I’M SORRY. NO OBJECTION.
THE COURT: MA’AM, YOUR TIME AS A WITNESS IS DONE, BUT YOUR TIME AS A SPECTATOR CAN START IF YOU SO ELECT. I JUST WANT TO REMIND YOU NOT TO DISCUSS YOUR TESTIMONY WITH ANYONE UNTIL THE MATTER IS CONCLUDED. OKAY.
THE WITNESS: I CAN STAY IN THE COURTROOM?
THE COURT: YOU ARE WELCOME TO STAY IN THE COURTROOM IF YOU CAN FIND A SEAT.
WOULD YOU HAND THAT PICTURE, HOWEVER, TO MY BAILIFF ON THE WAY BY SO WE DON’T LOSE TRACK OF IT.
(THE WITNESS WAS EXCUSED.)
MR. FELDMAN: YOUR HONOR, THE CAMERA OFF?
THE COURT: YES. THE CAMERA DID NOT TAKE A PICTURE OF HER. UNFORTUNATELY, THEY ARE LOOKING AT ME.
(LAUGHTER.)
THE COURT: MR. BOYCE.
MR. BOYCE: WE CALL MARIE GUNTHER.
THE COURT: ALL RIGHT.
MR. BOYCE, I’M SEEING THE CAMERAMAN’S QUIZZICAL LOOK. IS THIS SOMEONE WE NEED TO BE CONCERNED ABOUT OR NO?
MR. FELDMAN: NO, YOUR HONOR.
THE COURT: ALL RIGHT. MARIE GUNTHER,
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 IS MARIE GUNTHER. THAT’S
G-U-N-T-H-E-R. DIRECT EXAMINATION
BY MR. BOYCE:
Q.:GOOD MORNING, MISS GUNTHER.
DO YOU KNOW DAVID WESTERFIELD?
A.:YES, I DO.
Q.:HOW DO YOU KNOW MR. WESTERFIELD?
A.:I KNOW DAVID THROUGH HIS SON NEAL AND OUR DAUGHTER. I’VE KNOWN DAVID OVER TWELVE-YEAR PERIOD OF A CASUAL ACQUAINTANCES THROUGH SCHOOL. OUR CHILDREN WENT THROUGH THE ENTIRE SCHOOL TOGETHER.
Q.:WHEN DID YOU MEET MR. WESTERFIELD?
A.:I THINK IT’S ABOUT 1985 AT POWAY COUNTRY PRESCHOOL. I KNOW WE STARTED THERE IN 1985. AND I THINK WE WERE THERE BEFORE NEAL CAME, AND THEN NEAL CAME TO POWAY COUNTRY PRESCHOOL. AND THAT’S WHERE A RELATIONSHIP BETWEEN MY DAUGHTER AND NEAL STARTED.
Q.:AND YOU SAY NEAL. THAT’S MR. WESTERFIELD’S SON?
A.:YES.
Q.:DID YOU ALSO KNOW JACKIE WESTERFIELD?
A.:NO, I DID NOT.
Q.:DID YOU KNOW A LISA WESTERFIELD?
A.:RARELY.
Q.:AND WHERE WOULD YOU SEE MR. WESTERFIELD AND HIS SON?
A.:IN PRESCHOOL WE FIRST MET DAVID AT OPEN HOUSES AND SCHOOL EVENTS. I SAW A LOT OF DAVID DURING ELEMENTARY YEARS AT TIERRA BONITA. DAVID WAS ONE OF THOSE RARE FATHERS THAT DID E.S.S. AND HE DID THE DELIVERY AND THE PICKUP OF NEAL. AND I USED TO SEE HIM THERE.
AND THEN OUR CHILDREN WERE IN SOME GRADES TOGETHER THROUGHOUT ELEMENTARY. BUT NOT THE ENTIRE TIME. BUT I USED TO SEE DAVID AT ALL OF THE SCHOOL FUNCTIONS. HE WOULD BE THERE FOR OPEN HOUSES, SOCCER AFTER SCHOOL, SCHOOL PLAYS.
LATER ON I MET DAVID AGAIN SEVERAL TIMES AT TWIN PEAKS AS OUR CHILDREN WERE IN BAND TOGETHER. AND THEY ALSO GRADUATED. AND HE WOULD BRING NEAL OVER, AND WE WOULD SPEAK. SO IT WAS THROUGHOUT THE ENTIRE — I PROBABLY SAW HIM — I CAN’T NAME THE EXACT AMOUNT OF TIMES, BUT IT WAS A LONG TWELVE-YEAR PERIOD FROM LITTLE, TINY CHILD TO GRADUATION IN 2001.
Q.:WERE YOU PRESENT AT THE GRADUATION?
A.:YES, I WAS.
Q.:ABOUT HOW MANY LONG — HOW LONG DID THIS PERIOD THAT YOU WERE ACQUAINTED WITH MR. WESTERFIELD LAST?
A.:I’D SAY FROM — THAT I SAW DAVID WITH NEAL A LOT. I WOULD HAVE TO SAY FROM 1985 TO 1997 AT TWIN PEAKS GRADUATION.
Q.:MR. WESTERFIELD RAISED TWO GOOD CHILDREN WOULD YOU SAY?
A.:EXCELLENT CHILDREN.
MR. BOYCE: THANK YOU.
I HAVE NOTHING FURTHER, OUR HONOR.
THE COURT: CROSS-EXAMINATION.
/ / /
CROSS-EXAMINATION
BY MR. DUSEK:
Q.:WHEN THE DEFENDANT WOULD COME TO THESE SCHOOLS TO HELP OUT, WHAT GRADE WAS NEAL IN?
A.:PRESCHOOL. I THINK ABOUT THREE OR FOUR YEARS OLD WHEN HE WOULD — WHEN I WOULD SEE DAVID AT SCHOOL WITH NEAL. AND AT EVENTS.
Q.:DID IT THEN CONTINUE INTO ELEMENTARY SCHOOL?
A.:YES, IT DID.
Q.:AND HOW MUCH DIFFERENCE IS THERE BETWEEN NEAL AND LISA?
A.:I DON’T KNOW LISA. I ONLY SAW DAVID AND NEAL TOGETHER ALL THE TIME.
Q.:YOU NEVER SAW HIM WITH HIS DAUGHTER?
A.:NO. NEAL WAS EVEN — EVEN CAME TO OUR HOUSE FOR BIRTHDAY PARTIES, BUT DAVID BROUGHT NEAL TO OUR HOUSE FOR MY DAUGHTER’S SIXTH BIRTHDAY PARTY, SEVEN-YEAR-OLD, AND EIGHTH GRADE HALLOWEEN. I JUST SAW DAVID AND NEAL ALL THE TIME TOGETHER. THEY WERE VERY CLOSE.
Q.:BUT YOU NEVER SAW HIM WITH HIS DAUGHTER?
A.:I PERSONALLY DID NOT SEE HIM WITH HIS DAUGHTER.
Q.:HOW OFTEN WOULD YOU SEE HIM?
A.:I WOULD SEE HIM PROBABLY THREE OR FOUR TIMES THROUGHOUT THE YEAR, BUT IN ELEMENTARY I WOULD SEE HIM ON AN ADJOINING SOCCER FIELD WITH NEAL’S SOCCER TEAM.
Q.:SO IN THE ELEMENTARY, AT THE SCHOOL, THAT WAS ONLY HOW MANY TIMES A YEAR?
A.:SEVERAL TIMES A YEAR. WE HAD OPEN HOUSES. WE HAD SCHOOL PLAYS THAT OUR CHILDREN WERE IN. THEN WE SAW E.S.S. WAS ALL THE WAY THROUGH ELEMENTARY QUITE A BIT FROM ABOUT FIRST GRADE THROUGH FOURTH. AND DAVID WAS THE ONE THAT PICKED UP NEAL.
Q.:WHO WOULD PICK UP LISA?
A.:I DON’T KNOW. I ONLY SAW HIM WITH MY DAUGHTER. MY DAUGHTER PLAYED WITH NEAL. SO I DIDN’T SEE WHO HER FRIENDS WERE.
Q.:BUT WHAT’S THE DIFFERENCE IN THE AGES BETWEEN NEAL AND LISA, RIGHT; DO YOU KNOW THE DIFFERENCE IN AGES THERE?
A.:I THINK IT’S A COUPLE OF YEARS.
Q.:WOULDN’T THEY BE IN THE SAME SCHOOL AT THE SAME TIME?
A.:MY DAUGHTER DIDN’T PLAY WITH HER. MY DAUGHTER ONLY PLAYED WITH NEAL.
Q.:BUT WHEN HE WOULD COME TO SCHOOL TO HELP OUT WITH NEAL, YOU NEVER SAW HIM COME TO SCHOOL AND HELP OUT WITH HIS DAUGHTER?
A.:NO, I WOULDN’T. IT WOULD BE AN OPEN HOUSE FOR — ESPECIALLY FOR NEAL IN HIS CLASSROOM.
MR. BOYCE: OBJECTION. CALLS FOR SPECULATION.
THE COURT: OVERRULED. SHE’S ANSWERED THE QUESTION.
BY MR. DUSEK:
Q.:ON THE OUTSIDE OF SCHOOL ACTIVITIES, YOU NEVER SAW HIM WITH HIS DAUGHTER?
A.:OH, I MIGHT HAVE SEEN HIM WITH HIS DAUGHTER, BUT I DIDN’T TALK TO HIM LIKE I TALKED TO HIM WHEN HE WAS WITH NEAL AND MY DAUGHTER.
Q.:SO YOUR KNOWLEDGE OF HIM AND HIS CHILDREN IS PRIMARILY WITH NEAL?
A.:ABSOLUTELY.
Q.:NOT WITH LISA?
A.:CORRECT.
Q.:SO YOU — WOULD YOU EVEN RECOGNIZE HER IF YOU SAW HER?
A.:PROBABLY NOT TODAY, NO.
Q.:AND YOU WOULDN’T KNOW WHAT TYPE OF PERSON SHE IS, WOULD YOU?
A.:NO, I WOULD NOT.
Q.:DO YOU KNOW IF LISA LIVED WITH NEAL?
A.:I ONLY KNOW THEM — I WOULD HAVE TO TERM OUR RELATIONSHIP AS SOCIAL ACQUAINTANCES, ONLY AROUND SCHOOL, ON SCHOOL PROPERTY. I DON’T KNOW ANYTHING ABOUT HIS PERSONAL LIFE.
Q.:ALL RIGHT.
I THINK YOU TALKED ABOUT HIM BEING INVOLVED IN HIS SON’S MUSIC. IS THAT RIGHT?
A.:YES.
Q.:HOW DO YOU KNOW HE WAS INVOLVED IN HIS SON’S MUSIC?
A.:WE WERE AT AN EVENT TOGETHER IN TWIN PEAKS ON THE QUAD PRIOR TO 1997, A CONCERT THAT BOTH OF OUR CHILDREN WERE IN. AND AFTER THAT CONCERT DAVID CAME OVER AND SPOKE TO MY HUSBAND AND I AND CALLED NEAL OVER.
Q.:HOW LONG WAS HE ABLE TO ENJOY HIS SON PLAYING MUSIC?
A.:I DON’T UNDERSTAND THAT QUESTION.
Q.:WELL, HOW LONG WAS HIS SON INVOLVED WITH THE MUSIC PROGRAM?
A.:I DON’T UNDERSTAND THAT. I DON’T KNOW. MY DAUGHTER PLAYED UP THROUGH NINTH GRADE, AND I THINK NEAL DID ALSO.
Q.:AND THROUGH ALL THAT PERIOD OF TIME THAT YOU WERE AWARE OF AT LEAST DAVID WESTERFIELD WAS ABLE TO ENJOY HIS CHILD PLAYING THE MUSIC, CORRECT?
A.:I WOULD ASSUME SO.
Q.:AND THAT WAS IMPORTANT TO HIM AS A PARENT, WASN’T IT?
A.:IT WAS IMPORTANT TO NEAL ALSO, YES.
MR. DUSEK: THANK YOU, MA’AM.
THE COURT: ALL RIGHT.
ANYTHING FURTHER, MR. BOYCE? REDIRECT EXAMINATION
BY MR. BOYCE:
Q.:YOU DON’T KNOW IF LISA WENT TO THE SAME SCHOOL OR NOT, DO YOU?
A.:I BELIEVE SHE DID.
Q.:SHE WAS A DIFFERENT AGE, THOUGH, THAN YOUR DAUGHTER.
A.:YES. YES.
Q.:AND YOUR DAUGHTER WAS FRIENDS WITH —
A.:NEAL.
MR. BOYCE: I DON’T HAVE ANYTHING FURTHER.
THE COURT: ANYTHING FURTHER?
MR. DUSEK: (MR. DUSEK SHOOK HIS HEAD.)
THE COURT: ALL RIGHT.
MA’AM, THANK YOU VERY MUCH FOR COMING IN. YOU’RE FREE TO LEAVE THESE PROCEEDINGS. REMEMBER YOU’RE UNDER AN ADMONITION NOT TO DISCUSS YOUR TESTIMONY UNTIL THE MATTER IS CONCLUDED.
THE WITNESS: THANK YOU.
THE COURT: ALL RIGHT. THANK YOU.
(THE WITNESS WAS EXCUSED.)
MR. FELDMAN: YOUR HONOR, WE’RE NOT SURE ABOUT WITNESSES. WOULD YOU MIND TAKING A TEN-MINUTE BREAK?
THE COURT: SURE. WE WILL GO AHEAD AND TAKE THE AFTERNOON BREAK.
LADIES AND GENTLEMEN, PLEASE REMEMBER THE ADMONITION OF THE COURT NOT TO DISCUSS ANY OF THE EVIDENCE OR TESTIMONY NOR FORM OR EXPRESS OPINIONS ON THE MATTER UNTIL IT’S SUBMITTED TO YOU.
LET’S SHOOT FOR 2:10, PLEASE. TEN AFTER 2:00.
(RECESS, 1:57 O’CLOCK, P.M., TO 2:10 O’CLOCK, P.M.)
(SEALED PROCEEDINGS FOLLOW, PAGES 10242 THROUGH 10249,
INCLUSIVE, BOUND IN SEPARATE VOLUME NUMBER 58-A. UNSEALED
PROCEEDINGS CONTINUE ON PAGE 10249-A. NOTHING IS OMITTED.)
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29082 - August 29th 2002 - penalty phase - David Westerfield trial - morning 2
29084 - August 29th 2002 - penalty phase - David Westerfield trial - afternoon 2