29084 – August 29th 2002 – penalty phase – David Westerfield trial – afternoon 2

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


Penalty phase August 29 th 2002 – 4


Susan L. (Westerfield ex-girl friend), Christina Gonzales (Susan L.’s daughter)


17 (AT WHICH TIME THE JURY ENTERED THE COURTROOM
AND THE FOLLOWING PROCEEDINGS WERE HAD:)
18

19 THE COURT: WELCOME BACK, LADIES AND GENTLEMEN. I

20 APOLOGIZE FOR THE DELAY BUT THE LAWYERS AND I NEEDED TO DISCUSS

21 SOMETHING THAT TOOK A LITTLE MORE TIME THAN ANTICIPATED.

22 MR. FELDMAN.

23 MR. FELDMAN: THANK YOU, YOUR HONOR.

24 WE CALL SUSAN L. AND REQUEST THAT THE CAMERAS GO

25 OFF.

26 THE COURT: YES. THIS IS A REQUEST THAT HAS PREVIOUSLY

27 BEEN MADE.

28 ALL RIGHT. MA’AM, YOU’RE STILL UNDER OATH, IF

2

1 YOU’D KINDLY RESUME THE STAND.

2

3 -SUSAN L., +

4 DEFENDANT’S WITNESS, PREVIOUSLY HAVING BEEN SWORN, TESTIFIED

5 FURTHER AS FOLLOWS:

6

7 MR. FELDMAN: PROCEED, YOUR HONOR?

8 THE COURT: YES.

9 MR. FELDMAN: GOOD AFTERNOON, MA’AM.

10

11 DIRECT EXAMINATION +

12 BY MR. FELDMAN:

13 Q.:I’M GOING TO ASK YOU A SERIES OF QUESTIONS THAT I

14 INTEND TO BE VERY LIMITED SO — DID DAVID WESTERFIELD EVER HELP

15 YOU IN ANY PARTICULAR MANNERS?

16 A.:YES, HE DID.

17 Q.:CAN YOU TELL THE JURY SPECIFICALLY, FOR INSTANCE,

18 WITH REGARD TO YOUR FATHER, DID HE HELP YOU?

19 A.:WELL, MY FATHER WAS PASSING AWAY FROM A LIVER

20 DISEASE, AND DAVID WAS THERE TO HELP US OUT. WHEN HOSPICE CAME

21 IN AND WAS BRINGING A HOSPITAL BED AND HE HELPED MY MOM

22 REARRANGE HER WHOLE FAMILY ROOM AND GET HIM ALL SET UP, AND

23 THERE WAS TIMES WHERE WE NEEDED TO MOVE MY DAD ‘CAUSE HE WAS BED

24 RIDDEN AND HE WAS THERE TO HELP US.

25 Q.:WITH REGARD TO THE FUNERAL ARRANGEMENTS YOUR FATHER

26 PASSED AWAY?

27 A.:YES. YES, HE DID.

28 Q.:DID DAVID HELP WITH —
3

1 A.:DAVID HELPED A LOT WITH THE FUNERAL ARRANGEMENTS.

2 Q.:HOW SO?

3 A.:FLOWERS AND FOOD AND JUST BEING A BIG SUPPORT TO

4 THE FAMILY.

5 Q.:WITH REGARD TO YOU, WAS MR. WESTERFIELD HELPFUL IN

6 THE AREA OF FINANCIAL SUPPORT?

7 A.:VERY.

8 Q.:CAN YOU PLEASE EXPLAIN HOW AND WHY?

9 A.:I WAS ON DISABILITY FROM MY JOB FOR A LITTLE OVER A

10 YEAR AND DAVID TOOK CARE OF ME THE WHOLE TIME. HE WAS VERY

11 SUPPORTIVE AT ALL OF MY DOCTORS’ VISITS AND EVEN HIRED SOMEONE

12 TO COME IN THE HOUSE TO HELP KEEP THE HOUSE CLEAN BECAUSE I WAS

13 UNABLE TO DO IT.

14 Q.:DID HE PAY THE BILLS?

15 A.:I’M SORRY?

16 Q.:DID HE PAY THE BILLS?

17 A.:YES, HE DID. I WAS NOT ABLE TO.

18 Q.:DID HE HELP YOU IN PURCHASING A VEHICLE?

19 A.:YES, HE DID.

20 Q.:WHAT WAS THAT — WHAT WAS THAT ABOUT?

21 A.:WE WERE GOING SHOPPING TO BUY DOG FOOD, AND HE KNEW

22 THAT I ALWAYS WANTED A S. U. V. AND THEY WERE HAVING A PARKING

23 LOT SALE, AND HE SAID COME ON, LET’S GO LOOK AT ‘EM AND SO WE

24 DID. AND I TOLD HIM I COULDN’T AFFORD IT, AND HE SAID THAT HE

25 WANTED TO HELP ME AND HE HELPED ME PURCHASE THE VEHICLE.

26 Q.:WITH REGARD TO YOUR DAUGHTER, DID HE HELP OUT WITH

27 REGARD TO YOUR DAUGHTER, CHRISTINA?

28 A.:YES, HE DID.

4

1 Q.:CAN YOU TELL US HOW SO, PLEASE?

2 A.:MY DAUGHTER WAS IN A VERY ABUSIVE RELATIONSHIP AND

3 WE NEEDED TO GET HER OUT OF IT, SO WE WENT LATE ONE NIGHT TO

4 WHERE SHE WAS LIVING AND PACKED UP AS MUCH STUFF AS WE COULD AND

5 WE BROUGHT HER BACK TO DAVID’S HOUSE AND HE TOOK CARE OF HER AND

6 HER SON.

7 Q.:FOR?

8 A.:FOR APPROXIMATELY THREE TO FOUR MONTHS.

9 Q.:DO YOU STILL CARE ABOUT DAVID?

10 A.:YES, I DO.

11 MR. FELDMAN: THANK YOU VERY MUCH.

12 NOTHING FURTHER.

13 THE COURT: ALL RIGHT. CROSS-EXAMINATION.

14

15 CROSS-EXAMINATION +

16 BY MR. DUSEK:

17 Q.:WHICH DAUGHTER WAS IT?

18 A.:CHRISTINA.

19 Q.:AND WHEN WAS THIS OCCURRING WHEN HE WAS TAKING CARE

20 OF HER APPROXIMATELY?

21 A.:APPROXIMATELY TWO TO THREE YEARS AGO MAYBE.

22 Q.:THAT’S A FOUR MONTH PERIOD?

23 A.:YES.

24 Q.:WHEN DID SHE MOVE OUT?

25 A.:I DON’T KNOW THE EXACT DATES.

26 Q.:SHE MOVED OUT THE SAME TIME YOU MOVED OUT, DIDN’T

27 SHE?

28 A.:YES, SHE DID.

5

1 Q.:SO WHEN YOU LEFT SHE LEFT?

2 A.:RIGHT.

3 Q.:AND WHEN SHE LEFT AND YOU LEFT HE QUIT TAKING

4 FINANCIAL CARE OF HER?

5 A.:CORRECT.

6 Q.:YOU HAD TO MAKE SOME FUNERAL ARRANGEMENTS FOR —

7 WAS IT YOUR FATHER?

8 A.:CORRECT.

9 Q.:IT’S HARD TO DO, ISN’T IT?

10 A.:YES, IT IS.

11 Q.:THE CONTRIBUTIONS — HE MADE FINANCIAL

12 CONTRIBUTIONS, DIDN’T HE, TO YOU?

13 A.:THEY WERE MORE THAN FINANCIAL, NOT TO ME.

14 Q.:A LARGE PART OF FINANCIAL CONTRIBUTIONS, DIDN’T HE?

15 A.:NO.

16 Q.:TO YOU AND YOUR SISTER — OR YOUR DAUGHTER? I’M

17 SORRY.

18 A.:DURING THE FUNERAL?

19 Q.:NO, NO. I’M SORRY. OVER ALL THE TIMES YOU HAVE

20 THAT YOU’VE JUST DESCRIBED.

21 A.:YES. HE TOOK CARE OF US.

22 Q.:HE MADE A LOT OF MONEY AT THAT TIME, DIDN’T HE?

23 A.:YES.

24 Q.:HE LIKED TO SPEND IT ON YOU?

25 A.:YES, HE DID.

26 Q.:IN FACT, HE BOUGHT A CAR FOR YOU, DIDN’T HE?

27 A.:HE HELPED ME PURCHASE IT. HE DIDN’T BUY IT FOR ME.

28 Q.:ALL RIGHT.

6

1 AND HOW ABOUT YOUR OTHER DAUGHTER?

2 A.:WHICH ONE?

3 MR. FELDMAN: SCOPE.

4 THE COURT: AT THIS POINT IT’S VAGUE AND AMBIGUOUS,

5 SUSTAINED.

6

7 BY MR. DUSEK:

8 Q.:SHE DIDN’T LIVE AT THE HOUSE, DID SHE, YOUR OTHER

9 DAUGHTER?

10 MR. FELDMAN: SCOPE.

11 THE COURT: SUSTAINED.

12

13 BY MR. DUSEK:

14 Q.:IN SPITE OF THESE THINGS THAT YOU SAY HE’S DONE FOR

15 YOU, HOW MANY TIMES DID YOU LEAVE HIM?

16 MR. FELDMAN: SCOPE.

17 THE COURT: OVERRULED.

18 YOU CAN ANSWER THAT.

19 THE WITNESS: I WOULD SAY APPROXIMATELY THREE TIMES.

20

21 BY MR. DUSEK:

22 Q.:HE WOULD KEEP TALKING YOU BACK INTO THE HOUSE?

23 A.:IT WAS AN AGREEMENT. THERE WAS THINGS THAT WERE

24 GOING ON, AND WE WOULD TALK ABOUT IT AND RESOLVE ‘EM AND TRY TO

25 WORK THINGS OUT.

26 Q.:AND HE WOULD CONTINUE TO PROVIDE FOR YOU

27 FINANCIALLY?

28 A.:YES.

7

1 Q.:YOU’D STILL LEAVE, THOUGH, WOULDN’T YOU?

2 A.:YES.

3 Q.:YOU’RE NOT WITH HIM NOW, ARE YOU?

4 A.:I’M SORRY?

5 Q.:YOU’RE NOT WITH HIM NOW, ARE YOU?

6 A.:NO, I’M NOT.

7 MR. BOYCE: OBJECTION, 352.

8 THE COURT: OVERRULED. THE ANSWER WAS NO.

9 ANYTHING FURTHER?

10 MR. DUSEK: NOTHING FURTHER.

11 MR. FELDMAN: NO. THANK YOU.

12 THE COURT: THANK YOU VERY MUCH, MA’AM, FOR COMING IN.

13 YOU’RE REMINDED NOT TO DISCUSS YOUR TESTIMONY WITH ANYONE UNTIL

14 THE MATTER’S CONCLUDED.

15 THANK YOU.

16 THE WITNESS: THANK YOU.

17 MR. FELDMAN: SAME REQUEST WITH REGARD TO THE CAMERAS,

18 YOUR HONOR.

19 THE COURT: ALL RIGHT. THE NEXT WITNESS WILL NOT BE

20 PHOTOGRAPHED.

21

22 -CHRISTINA GONZALES, +

23 DEFENDANT’S WITNESS, HAVING BEEN SWORN, TESTIFIED AS FOLLOWS:

24

25

26 THE COURT: PLEASE HAVE A SEAT.

27 THE CLERK: PLEASE STATE YOUR NAME AND SPELL IT FOR THE

28 RECORD.

8

1 THE WITNESS: CHRISTINA GONZALES, C-H-R-I-S-T-I-N-A,

2 G-O-N-Z-A-L-E-S.

3

4 DIRECT EXAMINATION +

5 BY MR. BOYCE:

6 Q.:I BELIEVE SHE’S STILL UNDER OATH, YOUR HONOR.

7 THE COURT: YES. I DID NOT RECOGNIZE HER, SO I

8 APOLOGIZE. SHE IS UNDER OATH.

9 MR. BOYCE: BEEN A LONG TIME.

10

11 DIRECT EXAMINATION +

12 BY MR. BOYCE:

13 Q.:GOOD AFTERNOON, MS. GONZALES.

14 ARE YOU THE DAUGHTER OF SUSAN L. WHO JUST LEFT?

15 A.:YES.

16 Q.:AND YOU KNOW MR. WESTERFIELD, OF COURSE?

17 A.:YES.

18 Q.:DID HE HELP YOU OUT?

19 A.:YES, HE DID.

20 Q.:HOW DID HE HELP YOU?

21 A.:I WAS IN AN ABUSIVE RELATIONSHIP AND HE ALLOWED ME

22 AND MY SON TO STAY IN HIS HOUSE.

23 Q.:GO AHEAD.

24 A.:AND HE DIDN’T CHARGE US ANY RENT. HE PROVIDED US

25 WITH FOOD. HE ALSO OCCASIONALLY WOULD HELP BUY DIAPERS AND

26 THINGS LIKE THAT.

27 Q.:HOW OLD WAS YOUR SON?

28 A.:ABOUT ONE I BELIEVE.

9

1 Q.:ONE-YEAR-OLD?

2 A.:YES.

3 Q.:DID HE THROW A BIRTHDAY PARTY FOR YOUR SON?

4 A.:YES, HE DID. I HAD WANTED TO HAVE A BIRTHDAY

5 PARTY, AND SINCE IT WAS HIS FIRST BIRTHDAY PARTY I DID WANT IT

6 TO BE SPECIAL, BUT BECAUSE OF EVERYTHING THAT HAD HAPPENED

7 FINANCIALLY I WAS STRUGGLING A LITTLE BIT. AND SO DAVID DID

8 ALLOW US TO THROW A PARTY FOR MY SON AND MY NEPHEW IN HIS HOUSE,

9 AND HE SUPPLIED ALL THE FOOD AND BOUGHT THE KIDS BIRTHDAY CAKES

10 AND HELPED OUT A LOT.

11 Q.:HOW LONG DID YOU LIVE AT DAVID’S HOUSE?

12 A.:ABOUT THREE TO FOUR MONTHS.

13 Q.:DO YOU STILL CARE ABOUT DAVID WESTERFIELD?

14 A.:YES, I DO.

15 Q.:STILL CARE WHAT HAPPENS TO HIM?

16 A.:OF COURSE I DO.

17 MR. BOYCE: THANK YOU.

18 I HAVE NOTHING FURTHER.

19 THE COURT: ALL RIGHT. CROSS-EXAMINATION.

20

21 CROSS-EXAMINATION +

22 BY MR. DUSEK:

23 Q.:BIRTHDAY’S ARE PRETTY IMPORTANT, AREN’T THEY?

24 A.:SPECIALLY THE FIRST ONE.

25 Q.:ALL OF THEM ARE PRETTY IMPORTANT, AREN’T THEY?

26 A.:YES.

27 MR. FELDMAN: ARGUMENTATIVE, RELEVANCE.

28 THE COURT: OVERRULED. THE ANSWER WAS YES.

10

1 BY MR. DUSEK:

2 Q.:THE TIME THAT YOU MOVED INTO HIS HOUSE, YOUR MOTHER

3 WAS ALREADY LIVING THERE, WASN’T SHE?

4 A.:YES, SHE WAS.

5 Q.:AND SHE WAS BOYFRIEND/GIRLFRIEND WITH HIM?

6 A.:YES, THEY WERE.

7 Q.:IN FACT, YOU FIRST ASKED YOUR MOM IF YOU COULD MOVE

8 INTO THE HOUSE?

9 A.:ACTUALLY, THEY WERE ALREADY AWARE OF WHAT WAS GOING

10 ON BETWEEN ME AND MY ABUSIVE — IN MY ABUSIVE RELATIONSHIP, AND

11 THEY HAD BOTH CONFRONTED ME TOGETHER AND TOLD ME THAT IF I

12 WANTED TO LEAVE I WAS WELCOME TO STAY THERE.

13 Q.:OKAY.

14 AND YOU TOOK THEM UP ON THAT?

15 A.:EVENTUALLY, YES.

16 Q.:HE PROVIDED FOR YOU FINANCIALLY?

17 A.:AS FAR AS PUTTING A ROOF OVER MY HEAD AND HELPING

18 WITH FOOD AND OCCASIONAL DIAPERS, THAT KIND OF THING, YEAH.

19 Q.:AND THERE CAME A TIME WHEN YOU MOVED OUT?

20 A.:YES.

21 Q.:WHO DID YOU MOVE OUT WITH?

22 A.:I MOVED OUT WITH MY BROTHER AND HIS GIRLFRIEND AT

23 THE TIME.

24 Q.:WHEN YOU LEFT HIS HOUSE WHO DID YOU LEAVE WITH?

25 A.:WHEN I LEFT ME AND MY MOM LEFT AT THE SAME TIME.

26 Q.:YOU DIDN’T STAY BEHIND TO TAKE ADVANTAGE OF HIS

27 GENEROSITY?

28 A.:NO.

11

1 Q.:WHY NOT?

2 A.:I DON’T KNOW. MY MOM WAS LEAVING SO I FELT THAT I

3 SHOULD LEAVE, TOO.

4 Q.:YOU FELT THAT YOUR MOTHER WAS THE REASON YOU WERE

5 ABLE TO STAY IN THE HOUSE?

6 A.:I DON’T BELIEVE THAT I WOULD HAVE STAYED THERE HAD

7 SHE NOT BEEN THERE.

8 Q.:NOTHING FURTHER.

9 THE COURT: ANYTHING FURTHER?

10 MR. BOYCE: NO, YOUR HONOR.

11 THE COURT: ALL RIGHT.

12 MA’AM, THANK YOU VERY MUCH FOR COMING IN. YOU’RE

13 FREE TO LEAVE. REMEMBER YOU’RE STILL UNDER AN ADMONITION NOT TO

14 DISCUSS THE MATTER, OKAY?

15 ALL RIGHT. THANK YOU.

16 MR. FELDMAN: YOUR HONOR, THAT’S ALL THE WITNESSES WE

17 HAVE TODAY.

18 THE COURT: ALL RIGHT.

19 OKAY, LADIES AND GENTLEMEN, YOU GET AN EARLY OUT.

20 WE GOT TO TALK ABOUT A COUPLE THINGS, THOUGH. JUST WANT TO

21 REMIND YOU, JUROR NO. 5, HAVE A SAFE AND A PLEASANT TRIP

22 WHEREVER YOU MAY BE GOING THIS WEEKEND. SIX, EXCUSE ME, SIX.

23 FIVE’S NOT GOING ANYWHERE. PROBABLY WORK, RIGHT? OKAY. EXCUSE

24 ME. JUROR 6. REMEMBER TOMORROW WE’LL BE DARK. MONDAY IS A

25 STATE COURT NATIONAL HOLIDAY SO WE WILL NOT BE IN SESSION ON

26 MONDAY. THE NEXT TIME WE’LL BE GATHERING TOGETHER IS ON TUESDAY

27 MORNING. TUESDAY, IN ALL LIKELIHOOD, BASED ON EVERYTHING I’VE

28 SEEN, IS GOING TO BE ANOTHER HERKY-JERKY DAY AS WE TRY AND WRAP

12

1 THINGS UP. MY TIME TABLE RIGHT NOW IS PROBABLY GOING TO BE TO

2 UTILIZE PART OF TUESDAY WITHOUT YOU FOLKS HERE SO I CAN TALK TO

3 THE LAWYERS ABOUT JURY INSTRUCTIONS.

4 I KNOW WE ARE GOING TO HAVE A LIMITED NUMBER OF

5 WITNESSES; ONE, OR TWO OR MAYBE EVEN THREE VERY SHORT WITNESSES

6 ON WEDNESDAY MORNING. I’M ANTICIPATING AT THIS POINT IN TIME

7 THAT IN ALL LIKELIHOOD I WILL INSTRUCT YOU AND YOU’LL EITHER BE

8 IN DELIBERATIONS OR AT LEAST HAVE HEARD ALL THE ARGUMENTS BY

9 WEDNESDAY. SO WE’RE RIGHT ON THE TRACK THAT WE THOUGHT WE WOULD

10 BE.

11 AZTECS, COLLEGIATE FOOTBALL TONIGHT. MAYBE WE’LL

12 START A TREND HERE. WE GOT A NEW COACH AND MAYBE A NEW

13 DIRECTION.

14 PLEASE REMEMBER THE ADMONITION OF THE COURT NOT TO

15 DISCUSS ANY OF THE EVIDENCE OR TESTIMONY AMONG YOURSELVES OR

16 WITH OTHERS NOR FORM NOR EXPRESS ANY OPINIONS ON THE MATTER

17 UNTIL IT IS SUBMITTED TO YOU, ALSO — YES, JUROR NO. 4?

18 JUROR NO. 4: DID YOU TELL US WE SHOULD BE BACK ON

19 TUESDAY?

20 THE COURT: I HAVEN’T GOTTEN TO THAT YET. I JUST WANTED

21 TO THROW IN A PLUG. THIS MAY BE THE LAST TIME YOU GET TO SEE

22 THE PADRES FOR THE REST OF THE YEAR SO THEY’RE ON A LITTLE BIT

23 EARLIER.

24 HAVE A SAFE AND A PLEASANT FOUR DAYS OFF. WE’LL

25 SEE YOU TUESDAY MORNING AT 9:00 A.M. TUESDAY AT 9 O’CLOCK.

26 (AT 2:35 PM. THE JURY WAS EXCUSED
AND THE FOLLOWING PROCEEDINGS WERE HAD:)
27

28 THE COURT: OKAY. THE RECORD SHOULD REFLECT THE JURORS

13

1 AND ALTERNATES HAVE LEFT THE COURTROOM. I JUST WANT TO REMIND

2 COUNSEL OF YOUR OBLIGATION TO INSURE THAT THE JURY INSTRUCTIONS

3 YOU’RE EACH GOING TO REQUEST ARE EXCHANGED. IT LOOKS LIKE THE

4 PEOPLE ARE PREPARED TO START THE EXCHANGE PROCESS.

5 MR. DUSEK: THE PEOPLE ARE READY.

6 THE COURT: ALL RIGHT.

7 SO I’LL EXPECT THAT THE DEFENSE PROFFERED

8 INSTRUCTIONS A COPY OF WHICH WILL BE DELIVERED TO THE COURT AS

9 WELL AS THE PEOPLE NOT LATER THAN NOON TOMORROW.

10 MR. FELDMAN: YES, YOUR HONOR.

11 THE COURT: ALL RIGHT. YOU CAN JUST LEAVE YOURS WITH MY

12 CLERK.

13 ALL RIGHT. WE’LL BE IN RECESS UNTIL 9 O’CLOCK

14 TUESDAY MORNING.

15 (AT 2:36 PM. ADOURNMENT WAS TAKEN
UNTIL 9:00 A.M. SEPTEMBER 1, 2002.)

29083 - August 29th 2002 - penalty phase - David Westerfield trial - afternoon 1
03091 - September 3rd 2002 - penalty phase - David Westerfield trial - morning 1