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To: cyncooper
Q: AND WERE YOU ASKED TO RUN YOUR DOGS AROUND THAT MOTOR HOME?

A: I WAS ASKED TO SCENT HOPI ON DANIELLE'S SCENT AND TAKE HIM INSIDE THE MOTOR HOME.

Q: DID EITHER OF THE DOGS GET INSIDE THE MOTOR HOME?

A: ONLY HOPI.

Q: AND WOULD YOU DESCRIBE FOR US HOW THE DOG GOT INTO THE MOTOR HOME, WHICH DOOR?

A: THE PASSENGER'S-SIDE DOOR.

Q: DID YOU GO INTO THE MOTOR HOME?

A: I STOOD ON THE SECOND STEP IN THE STAIRWELL.

Q: YOU DIDN'T GO ANY FURTHER THAN THAT?

A: WELL, AFTER --

Q: AT THAT TIME.

A: THE FIRST TIME HE WAS IN THE MOTOR HOME I DID NOT.

Q: WAS THE DOG ON A LEASH?

A: YES.

Q: YOU WERE HOLDING THE LEASH?

A: YES.

Q: WHERE DID THE DOG GO INSIDE THE MOTOR HOME?

A: HE WENT APPROXIMATELY HALFWAY DOWN THE CENTER AISLE, ABOUT EVEN WITH THE END OF THE GALLEY, AND IMMEDIATELY TURNED AROUND AND CAME BACK.

Q: HOW QUICKLY DID THAT TAKE?

MR. BOYCE: OBJECTION. RELEVANCE.

THE COURT: OVERRULED.YOU CAN ANSWER.

THE WITNESS: ABOUT FIVE SECONDS.

BY MR. DUSEK:
Q: WERE THERE ANY OTHER PEOPLE INSIDE THE MOTOR HOME?

A: NO.

Q: WHAT WAS THE DOG WALKING ON OR MOVING ACROSS?

A: I DON'T RECALL THE FLOOR COVERING.

Q: BUT STRICTLY ON THE FLOOR?

A: YES.

Q: ONCE THE DOG CAME BACK TO YOU, WHAT DID YOU DO?

A: WELL, HE APPEARED THAT HE WANTED TO --

MR. BOYCE: OBJECTION. 352. RELEVANCE.

THE COURT: YES. YOU'VE ANSWERED THE QUESTION.NEXT QUESTION.

MR. FELDMAN: MOTION TO STRIKE, PLEASE.

THE COURT: THE JURY IS TO DISREGARD THE LAST PORTION OF THE ANSWER THERE.NEXT QUESTION.

BY MR. DUSEK:

Q: DID THE DOG GO OUTSIDE?

A: THE DOG WENT OUTSIDE.

Q: DID YOU FOLLOW IT OUTSIDE?

A: YES.

Q: WHAT WAS THE NEXT THING THAT YOU DID?

A: I WENT BACK INSIDE THE MOTOR HOME.

Q: WITH?

A: WITH HOPI.

Q: HOW MUCH TIME DID YOU WAIT BETWEEN?

A: A COUPLE OF MINUTES.

Q: WHEN YOU WENT BACK INSIDE, HOW FAR DID YOU GO?

A: TO THE LANDING JUST ABOVE THE STAIRWELL.

Q: WERE YOU WEARING ANY PROTECTIVE CLOTHING OR GEAR?

A: I WAS WEARING GLOVES AND A HAT.

Q: WHAT TYPE OF HAT?

A: MY REGULAR HAT THAT I WEAR FOR SEARCHING.

Q: WAS THERE A REASON YOU WERE WEARING THAT?

A: TO PROTECT LOOSE HAIRS FROM FALLING OFF MY HEAD.

Q: WHERE DID YOU GET THE GLOVES?

A: I CARRY THEM FOR COLLECTING SCENT ARTICLES.

Q: WHEN YOU WENT IN THE SECOND TIME, DID HOPI GO WITH YOU?

A: YES, HE DID.

Q: WHERE DID HOPI GO?

A: HE JUMPED ON THE SOFA BEHIND THE DRIVER'S SIDE.

Q: AND WHAT DID HOPI DO ONCE HE WAS IN THAT POSITION?

MR. BOYCE: OBJECTION. RELEVANCE.

352.MS. SCHAEFER: RELEVANCE.

THE COURT: YOU KNOW THE GUIDELINES.

BY MR. DUSEK:

Q: DID THE DOG SIT --

THE COURT: USE A LEADING QUESTION.BY MR. DUSEK:

Q: DID THE DOG SIT DOWN ON THAT COUCH BEHIND THE MOTOR HOME?

MR. BOYCE: OBJECTION. RELEVANCE.

352.THE COURT: OVERRULED.

DID THE DOG SIT ON THE COUCH?

THE WITNESS: NO.

BY MR. DUSEK:

Q: DID THE DOG SIT ON SOMETHING?

A: NO.Q: WHERE WAS THE DOG STANDING?

A: ON THE SOFA.

Q: BEHIND THE MOTOR HOME?A: BEHIND THE DRIVER'S SIDE.

Q: FOR ABOUT HOW LONG APPROXIMATELY?

A: FIVE SECONDS.

Q: THEN DID THE DOG LEAVE THE MOTOR HOME?

A: YES.

79 posted on 08/02/2002 10:38:41 AM PDT by shezza
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To: shezza
Sounds like Mudd will be instructing the jury that they cannot consider DAW guilty on first count (murder) without them being convinced beyond a reasonable doubt of the kidnapping as presented by Dusek's case. So if they can't say Westerfield did WHAT, WHEN, WHERE, HOW, or WHY, that would (to me) indicate reasonable doubt of the kidnapping charge, which would thus negate the murder charge. Did I hear that correctly?

On the other hand, even if there is no proof, if they suspect him of entering Danielle's home, staggering his way up the staircase, spiriting her out of her bed and out of her house, they can find him guilty of murder even if they just suspect him of kidnapping. In this case, the two are inextricably linked.

80 posted on 08/02/2002 10:47:56 AM PDT by shezza
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To: shezza
Thank you so much!

Who is the witness and date of testimony, shezza?

Again, I very much appreciate this transcript.

On my way out for awhile so will read up on it later...

88 posted on 08/02/2002 11:17:59 AM PDT by cyncooper
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