[NatureGirl]

Someone posted yesterday that Watkins (the prosecution's computer guy) testified that he was in DW's house at approx 9:00 pm on 2/4. Can that person "own up" ;-) and tell me if that was from the PH? Or somewhere else? I've read and re-read the computer testimony, and I'm sure that he said he never arrived at DW's house until sometime after midnight on 2/5.

From Watkins' testimony: Q: YOU ARRIVED AT THE RESIDENCE ON FEBRUARY 4TH.
A: YES, SIR.
Q: DID YOU ENTER THE RESIDENCE?
A: YES.
Q: WHAT DID YOU DO ONCE THAT HAPPENED?
A: I WAS DIRECTED TO THE -- WELL, WHEN WE WENT IN, I TALKED TO SERGEANT HOLMES WHO DIRECTED US TO THE UPSTAIRS OFFICE.
Q: WHAT DID YOU DO?
A: TOOK A -- WELL, EXAMINED THE OFFICE, SAW THAT THERE WERE TWO COMPUTERS INSIDE THE OFFICE AREA THERE. WE SET UP A TABLE AND SET UP A COUPLE OF COMPUTERS AND THEN CONDUCTED THE IMAGING PROCESS.
Q: DO YOU RECALL WHAT DATE IT WAS WHEN YOU ACTUALLY ARRIVED AT THE RESIDENCE?
A: IT WAS THE MORNING OF THE 5TH.
Q: ALL RIGHT.WAS THIS -- WAS IT DARK OUT?
A: YES, IT WAS.
Q: SO THIS WAS AFTER MIDNIGHT ON THE 4TH?
A: YES.

Still with me? Good. From further on in Watkins' testimony:

PERHAPS WE SHOULD GO BACK TO WHEN YOU WERE ACTUALLY IN THE OFFICE DURING THE EARLY MORNING HOURS OF FEBRUARY 5TH. YOU MADE COPIES OF I THINK IT WAS HARD DRIVES OF THESE COMPUTERS.
A: YES, SIR.
Q: GENERALLY WHAT OCCURRED AFTER THAT?
A: WHILE WAITING FOR THE -- WELL, AFTER THEY DISCOVERED THE C.D. ROMS AND THE ZIP DISKS, WE WENT AHEAD AND USED ONE OF THE COMPUTERS TO WHAT'S CALLED A PREVIEW, TO EXAMINE THEM TO SEE WHAT WAS ON THEM TO SEE IF THERE'S ANYTHING QUESTIONABLE OR ANYTHING THAT MIGHT LEAD TO THE WHEREABOUTS OF DANIELLE VAN DAM.

The only problem with all this is that the Det. who got the Search Warrant, used all this information to get the search warrant. If you read that affidavit, Alldredge states that Watkins and Youngflesh were in DW's house. He mentions the "in plain sight" rule, and said that he believed that the search warrant issued over the phone gave them the right to look at the CDs and zips that they had supposedly just found. He states that they now need to go in and gather up all the computer info. that they can find.

BUT as you can see from above, when Watkins was in the house, he and Youngflesh were already imaging the hard drives of DW's computer, and (IMO) states that they looked at the CDs/zips "while they were waiting" - for that imaging process to be complete??

I'll wrap this up by asking another question: Did the telephonic search warrant issued on 2/4 to search DW's house give them the right to make copies of his hard drives? How does that jibe with things "in plain sight"?

By the way, I should mention that the Search Warrant Alldrege applied for was issued at approx. 1:30 am on 2/5, which fits somewhat with Watkins testimony as to the time he arrived at the scene.

Would someone like to kick this idea around with me a bit? It's been bugging me for weeks.

[small_l_libertarian]

Wow, NatureGirl, what a provocative post! I'm not busy right now - I'll see if I can put Watkins in DW's house on the 4th.

[mommya]

I do believe you've got something there. So - the affidavit uses these discs to support the warrant - but they seemingly were not found till later - after the warrant was executed?

[Jaded]

David Westerfield was in the presence of the police for the original 9.5 hour visit at the substation. After he came home after midnight, he was not allowed back into his home. He sat in his SUV, and two detectives got in to it with him. I believe it was Keyser and Ott. (could be wrong). After that they took him to a hotel and stayed with him. The next day they began their merry jaunt to recreate his travels. I could see he'd be more than a little testy.

I wonder that since LE was in the SUV with him, were tape lifts taken of these boys to determine if they left trace in the vehicle?

[Rheo]

Feb 5th warrant 27802 to search Westerfield's computer, computer files and disks for images of nudity and/or sexual activities involving juveniles and/or with adults.

The portion sealed on this warrant is Attachment "1"...last full paragrph on page 3 starting w/Van Dam stated and ending w/Westerfield.

Attachment "1" first full pargph on page 5 starting with "On 2/4/02" and ending w/evaluation

Says search but not copy so it must be the same thing, eh?

This has nothing to do with your question but just happpened to be listing this out and it applied to the warrant.

[UCANSEE2]

What I read on the search warrant said the the disks had an "X" and an "XO" on them, and the police KNEW that meant PORN. Therefore they got a search warrant.

[the Deejay]

A telephonic search warrant doesn't fly. In court, such call would be hearsay.

I realized it was LE that placed those "extra" images of the
child porn onto DW's files. No question about it. At that
particular day/date/time, DW was at the police station.

I don't think LE legaly can make such copies of pc files. I
think LE has to have everything in its original condition.

Good sleuthing, NatureGirl! Bravo!