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Posted on 03/12/2002 9:19:13 AM PST by today
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Westerfield Preliminary Hearing
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;-)
They showed westerfield's scratches on court tv a little while ago.
WESTERFIELD PRELIM HEARING TRANSCRIPTS 3-11-2002 - 3-12-2002 (Lunch Recess)
FresnoDA Read fast.....no telling how long it will be here!! LOL
Excerpted and abridged.....on going and running
Came in - the hearing was underway
[12:28] there are three witnesses coming in
[12:28] hmmmm sounds like prosecution wants a delay
[12:28] prosectution wants delay? I thought it was Feldman
[12:28] 1600 pages of a discovery - the prosecutors want more time
[12:29] the defense is saying let's go
[12:29] then lets go!![12:30] they aren't saying anything right now
[12:30] mics need to be set up better[12:30] im watching it on the web
[12:31] http://www.msnbc.com/m/lv/default.asp[12:31] robbery cop on
[12:32] james collins
[12:32] lt with SDPD
[12:33] called to respond to D house
[12:33] as robbery lieutenant
[12:34] he got there shortly after 10
[12:34] Collins robbery division in charge of all crimes of robbery
and kidnapping
[12:34] first searched dumpsters in area
[12:35] searched house to house in neighborhood
[12:35] search and rescue in at 7 pm
[12:36] call came in to cops at 10 a.m.[12:36] checked at border
[12:37] searched at Silver Strand for witnesses
[12:37] hearsay - Feldman
[12:38] got more than 900 tips[12:38] on the 27th, they were at Dehesa
[12:38] he was still in charge of search efforts
[12:39] at 2:34 he was paged by Susan Wintersteen[12:39] Westerfield in dark suit , white shirt, tie
[12:39] said center had heard from search teams - body was found
[12:39] cop was at police headquarters
[12:39] he grabbed a few cops and went to Dehesa site
[12:39] Muren - a cop
[12:40] describing where the tree is
[12:40] the roads
[12:40] past golf course[12:40] commercial
[12:40] someone take over
[12:40] you are ahead of what im seeing jameson
[12:41] courttv went to commercial for crying out loud[12:41] there is a quarry near ther - there were people when he got there
[12:42] He told the detectives to talk to everyone there[12:42] body described as parially burned -
[12:42] searcher saw the choker
[12:42] id'ing dvd missing flyer - confirms
[12:42] did not disturb body
[12:43] Collins went in and agreed it was her
[12:43] went to the scene - around the oak tree
[12:43] told him to watch footing, not to disturb evidence
[12:43] these people neet to speak up!
[12:43] went to north side of oak tree - showed him where the body was
[12:44] careful to preserve scene
[12:44] lying on back, head facing south, face east, lower torso advanced decomp,
faial tissue mostly gone
[12:44] animals had gotten to the body
[12:44] white person, no clothing
[12:44] no clothing on her
[12:44] he was 10 feet away
[12:44] parts missing
[12:44] didnt want to get closer
[12:44] one of her feet was gone
[12:44] one of her feet missing
[12:45] he saw her choker
[12:45] jewelry - plastic brown choker around neck, as in the missing flyer
[12:45] confirms it
[12:45] no clothing
[12:45] saw earring in left ear
[[12:45] he saw her left earring
[12:45] flat
[12:45] round earring
[12:45] mickey mouse
[12:45] was not able to see other ear - face was truned
[12:45] he thought it was the one she had been wearing - he couldn't see her
other ear - head turned to right
[12:46] animals had gotten to her
[12:46] no sign of burning
[12:46] no burning at all -
[12:46] tree had no signs of burning[12:46] drag marks in the leaves
[12:46] "drag mark" under the tree
[12:46] she had been dragged into - from the north
[12:47] he left after just a few minutes
[12:47] lewis and newman notified
[12:47] to conduct scene inevstigation
[12:47] he called in - wanted to process scene -
[12:48] said he felt the body decomposed in the position it was
[12:48] there was some question as to whose jurisdiction it was in
[12:48] he would be in charge if it was Danielle[12:49] Feldman is somber - listening intently (Correction - I meant DW)
[12:49] what was the objection?
[12:49] more evidence techs requested
[12:49] dw looks very bad - drawn, tired, bags under the eyes
[12:49] regarding hearsay[12:50] Feldman is on a computer - - wonder if he is getting live feed from the
court reporter
[12:50] objection - no foundation for question
[12:50] hearsay cindy[12:50] They are going to set up a podium
[12:50] no one can hear
[12:51] searching for the podium
[12:51] commercial again
[12:52] 3 reports
[12:52] reviewed the reports to see accurate, details significant
[12:52] talks VERY fast, feldman
[12:52] objection, irrevlevant, denied
[12:53] feldman is very fast
[12:53] asks if he reviewed the reports prior to coming to court - no
[12:53] did you review anything? - yes, some reports prepared by officers
and detectives
[12:53] interviews of witnesses
[12:53] he reviewed reports by patrol officers
[12:53] bvd, dvd, hamburg, easton, kimmel, one more i didnt catch
[12:54] asks for all documents that he used to be given
[12:54] morgan
[12:54] Audry Easton
[12:54] feldman is requesting those documents[12:54] Denise Kimmel
[12:54] Chris Morgan, Kristen Heinberg, Margaret Easton, Denise Kimmel
[12:54] chris morgan kirston hamberg, barbara easton, denise himmel
[12:54] and the Van Dams[12:54] judge says yes, he must habnd them over...
[12:55] at any time a witness refers to docs for recollection, he must produce
....says he never received anything
[12:55] feldman wants these docs
[12:55] asking pros if there is a problem? - no
[12:55] discussion the nneed to produce these docs to feldman
[12:55] Feldman hasn't seen any of the reports from Hollis
[12:56] Apparently Feldman feels he should have had those reports before now[12:56] 10:30 that NIGHT this cop was called in
[12:56] it took that long!
[12:56] Holy cow!
[12:57] yes I know..[12:57] Collins first heard of the kidnapping at about 5 pm - - got the call
5 hours later
[12:57] call out at 10:30 pm
[12:57] what took so LONG?[12:57] he was involved in 1 search of vd home
[12:57] involved in one search Feb 3 of VD house
[12:57] to make sure Danielle was not in the house
[12:57] not looking for blood or anything
[12:57] he searched the house looking for Danielle?[12:58] referred to banister, and blood on it
[12:58] Feldman just dropped in that there were spots of blood onthe stairs
[12:58] Feldman is being asked to calm down
[12:58] Feldman has his adrenaline up
[
[12:58] blood on stairs in vd home or dw home?
[12:58] vd[12:58] Feldman wants to know who was responsible for the forensic investigation
[12:59] he went in at 3 am
[12:59] forensic team was finished
[12:59] but he was searching for a body
[12:59] Feldman is good - - details, details
[12:59] he checked areas the forensic team didn't check
[12:59] looking for Danielle
[13:00] (that doesn't make sense, folks--LP)
[13:00] but he wasn't taking forensic evidence or looking for it
[13:00] 3 am on the 2nd he was looking for the body in the house - (Correctin -
-this would have been the 3rd!)
[13:00] worked with FBI
[13:00] on the case
[13:00] I want to know where he was looking[13:00] Child abuse unit was there
[13:00] rumors of child abuse[13:00] Lieutenant with robbery
[13:01] Feldman is pointing out that B&D were necessary suspects
[
[13:01] did anyone inspect the stairway area of VD residence?
[13:01] did anyone inspect the stairway?
[13:01] he doesn't know, assumes they did
[13:01] Collins says he doesn't know
[13:02] Collins says he has never seen a floorplan but was in the house
[13:02] could you tell whose room was whose?
[13:02] No, he couldn't
[13:02] could you tell what room was the girl's - NO
[13:02] nothing indicated who was in what room
[13:02] it was PINK!
[13:02] he was shown her room - - doesn't rememberby who- not parents
[13:02] Were you shown which bedroom was Danielles? Yes, but not by parents
[13:02] he went in the room
[13:03] the doors were likely shut, guest[13:03] did you look for blood in the room? Yes
[13:03] he was looking around
[13:03] but not "microscopically"
[13:03] people had been looking for trace evidence
[13:03] just a visual inspection[13:04] Did he suspect initially that parents involved? objection, sustained
[13:04] initially did he suspect the parents? objection - sustained
[13:04] won't let him touch that
[13:04] :)
[13:04][13:04] Collins did not direct forensic team
[13:04] he was asked if he figured they did their job
[13:05] objection - over ruled
[13:05] no one mentioned blood on stairwel? No
[13:05] Is this the first you heard of that evidence?
[13:05] I believe so
[13:05] That's a quote
[13:06] (he hasn't said yet whose blood it was on stairrail)[13:06] No - - but how does the defense know if the cop doesn't?
[13:06] did you walk around the residence?
[13:06] yes
[13:06] did you note blood in garage on cement?
[13:06] No
[13:07] were any of your reports forensic?
[13:07] no
[13:07] You were unaware that techs had found blood near garage?
[13:07] objc, sustain
[13:07] AT 3am had you learned that Damon had vacuumed there?
[13:07] oh my vacumming/
[13:07] not sure when he was told
[13:08] WHY vacuum?????
[13:08] ???
[13:08]
[13:08] why would he vacuum at 3:00am?
[13:08] maybe something was spilled when they had pizza
[13:08] The vaccum cleaner was up
[13:08] was told later that Damon had vaccuumed
[13:08] and they say DW is a suspect cuz he cleaned his RV?
[13:08] ?
[13:08] objc, sustain
[13:09] absence or presence of drag marks? No
[13:09] I take it back, some drag marks on sidewalk on east side of house
[13:09] drag marks on east side of the house
[13:09] s.e. corner of house? yes
[13:09] s.w. ext corner of fireplace? I wasn't aware
[13:09] Was one drag mark 5 ' 4" long? don't know
[13:10] were you aware of blood on cement? No
[13:10] Damon was cleaning
[13:10] are you aware of Vanway?[13:10] what would make a dragmark on cement? Blood?
[13:10] yes
[13:10] blood evidence
[13:10] or dust[13:10] He's robbery or homicide, in plainclothes
[13:10] feet
[13:10] who is asking questions
[13:10] Feldman
[13:10] Feldman is cross examining[13:10] now we have blood in three palces in the van Dam home
[13:11] thx :0[13:11] 2/27 - he got infoemation
[13:11] that the body had been burned
[13:11] decomposition results in darkening
[13:12] "first blush" he thought burned, then realized it was decomp
[13:12] first appearance is that it was burned but not right - you can tell by the
foliage
[13:12] he was homicide det 5 years
[13:12] drag marks near body...report? No
[13:12] drag marks in Dehesa - he didn't write that in the report??
[13:12] From memory alone
[13:12] width of drag marks? long pause
[13:13] for thought: why would a person the size of DW have to drag a body the size of danielle?
[13:13] he did nothing to write reports to keep that memory
[13:13] he asked the cops to take photos
[13:13] good point alie
[13:13] they took photos
[13:14] to keep from getting blood on person
[13:14] the dragging I THINK is important - a pedohile who wanted her would have carried her at that point
[13:14] What if the person is resisiting?
[13:14] you might have to drag them
[13:14] im stuck on the Damon cleaing the house
[13:14] can't cover her mouth if you are dragging her
[13:14] I was referring to dragging at Dehesa
[13:14] lol cindy
[13:15] I am refering to both draggings[13:15] WHEN did Damon vac?
[13:15] hope they have the vacuum bag
[13:15] maybe the blood issue applies to both?[13:15] watch DW's movements
[13:15] the night it happened..or early next morning
[13:15] 3am byda??
[13:15] before 3am[13:15] please describe DW demeanor and movements when you have time
[13:16] He is sitting with hands on hi lap mostly
[13:16] listening intently
[13:16] looking up?
[13:16] he looks very tired
[13:16] but is paying attention
[13:16] but not zombie[13:16] no, cop was told at 3 AM Sunday that DVD had vaccumed
[13:16] Vacumed after forensic team was done?
[13:17] sems that way MaybeSo[13:17] does his expression change at any of the testimony?
[13:17] seems
[13:17] AFTER forensics team was there?[13:17] famale came in and sat near him and he touched her seat or something -
[13:17] big deal
[13:17] moved a paper on the table out of her way.
[13:17] Randy they went back 2 weeks later for more evidence
[13:17] her seat? her chair?
[13:17] what did they think they would get if Damon had been cleaning since day 1[13:17] Feldman is fast and loud and the judge isn't fond of him
[13:18] :([13:18] commercial again
[13:18] I believe the forensics team had been there for 25 hours that day
[13:18] it's always that way with judges
[13:18] one of searchers took pictures.
[13:18] 15 hours, excuuuuse me
[13:18] Feldman sounds too angry he should take it easy
[13:18] Feldman trying to ascertain if additional photos were taken by searcher
[13:18] Were you aware they didn't tell?[13:18] the judge asked the reporter i she got all that and she said
she was fine until the court interrupted :)[13:19] the cops weren't communicating a lot
[13:19] doesn't say who killed her but this is a lot of stuff
[13:19] yep
[13:19] Feldman is doing a great job[13:19] Collins describing body
[13:20] a searcher took pix of the body, but didn't tell police until later?
[13:20] small white -
[13:20] lots of stuff we hadn't heard
[13:20] hair indicated it was a female
[13:20] he sure is making Collins appear incompetent[13:20] Define what you meant by advanced decomp
[13:20] lot of body tissue was gone
[13:20] Lot of tissue gone, dark color,
[13:20] with additional blood insdie the home....makes me wonder if other blood
was perhaps cleaned before police got there
[13:20] insects on face
[13:20] maggots
[13:20] insect - maggots on face
[13:20] forensic entolomology
[13:21] I didn't want to know that
[13:21] talking about bringing in bug scientists
[13:21] relevance? TOD
[13:21] did he touch body? No
[13:21] odor?
[13:21] none he noticed
[13:22] absence of odor indicates it had been there some time
[13:22] absence of odor suggest greater time or shorter time of decomp?
[13:22] Collins says he can't say - -
[13:22] Might be upwind...
[13:22] maybe he was upwind
[13:22] but i thought searchers were overcome by odor?
[13:22] no lie - he said that
[13:22] Early decomp smells?
[13:22] Yes
[13:22] Feldman is challenging him
[13:22] Upwind or down?
[13:22] yes
[13:22] I bet they were overcome by the sight
[13:23] temperatur at scene
[13:23] (late decomp smells bad, folks-LP)
[13:23] maybe 70
[13:23] Does temp affect decomp? Yes
[13:23] DW just laughed
[13:24] he is not frozen with fear
[13:24] Back to VD residence...
[13:24] did you talk to Damon? No
[13:24] vacuum
[13:24] did they take it?
[13:24] Collins didn't direct that[13:24] what did he laugh about?
[13:25] it was off mic - can't tell[13:25] Damon was concerned about daughter, but was vaccuuming?
[13:25] objection, sustained[13:25] DW is talking to woman next to him
[13:25] he was not the only one laughing, something had been said we didn't hear
[13:25] Could you see footprints?
[13:25] Don't recall any[13:25] she seems to be explaining things to him and he is nodding
[13:25] this is at scene again
[13:25] Bike marks?
[13:26] Marks in grass, but didn't notice much
[13:26] no further questions[13:26] Collins just there to identify the victim
[13:26] Could you tell which rooms were male/female?
[13:26] Prosecution asked - - could you tell if the rooms were male or female -
From inside, yes
[13:26] Danielle room had poster bed, don't recall color of walls, but pink
in room
[13:27] what color was Danielle's room? Primary color was pink
[13:27] boys had cars, stuff[13:27] drag marks at body...photos taken?
[13:27] obj, sustain[13:27] he mentioned the net canopy....
[13:27] Do you know who directed photos?
[13:27] I did[13:29] Miller told Collins she was leader of search team
[13:29] obj, denied
[13:29] Searcher went up to body
[13:29] and looked
[13:30] all the team went up and looked
[13:30] they did not touch or move body
[13:30] all their shoes were impounded[13:30] couldn't tell the boys rooms rom the girls when the doors were closed
[13:30] Couldn't tell the kids' rooms if doors were closed
[13:31] and the vd's said the doors were closed that night[13:31] Feldman is pointing at Damon for sure
[13:31] yep
[13:31] yep
[13:31] Van Dams told police the doors were closed...obj, sustain
[13:31] of course
[13:31] no other suspect[13:31] 5 minute break
[13:31] brief break
[[13:38] court back[13:38] new witness
[13:39] brian douglas blackburn
[13:39] Dr
[13:39] Brian Blackburn - the ME
[13:39] ME
[13:39] did the autopsy
[13:39] background stuff now
[13:42] coroner on stand
[13:42] ME got there at about 10:45
[13:42] complaining that ME is reading from something[13:43] OK - ME went to the tree
[13:43] got there at 10:45
[13:43] were the drag marks at the tree
[13:43] Dark - lots of lights at road
[13:43] used flashlight
[13:43] briefed by detectives
[13:43] went to tree
[13:43] body mummified
[13:43] eyes gone
[13:44] destroyed by animals
[13:44] skin and muscles gone
[13:44] from below collarbones
[13:44] down
[13:44] oh my dear lord
[13:44] legs gown to bone, foot absent
[13:44] he put body in body bag and sheet
[13:45] bagged hands, feet and head
[13:45] I guess it was a good place to leave a body if you wanted it destroyed
[13:45] hands were intact?
[13:45] what of clothing?
[13:45] there, but damages -
[13:45] no clothes
[13:45] he said no clothes also[13:46] autopsy the next day
[13:46] bug expert at autopsy
[13:46] entolomogst on staff
[13:46] photos taken - about 15 on scene - 30 at 4 hour autopsy
[13:47] describe please
[13:47] seal on bag broken
[13:47] photos taken
[13:47] bags removed and given to lab
[13:47] photos taken
[13:47] trace evidenc - like clipping fingernails and mouth swabs taken then
[13:47] diagram made
[13:47] open chest and abdomen
[13:47] describe external exam
[13:48] animal activity and decomposition
[13:48] both earrings
[13:48] hair and earring described
[13:48] both earrings there -
[13:48] plastic necklace
[13:48] no clothes
[13:48] the back was missing from the left one
[13:48] face entact, mummiffied
[13:49] skin of face intact but mummified
[13:49] showing ME flyer
[13:49] face similar - but changed due to ...
[13:49] Internal
[13:50] below ribcage, organs missing
[13:50] bowel parts missing, from animals
[13:51] chest organs intact
[13:51] fluid in pleural cavity - taken for exam
[13:51] heart and lungs seemed normal
[13:51] though decomposing
[13:51] ugh
[13:51] bowel pulled from body
[13:51] all genitalia missing
[13:51] rectum partly there, severely decomposed
[13:51] heart normal
[13:51] lungs had some edema - better preserved than the rest of the organs
[13:51] below the rib cage
[13:51] missing rgans due to animal activity
[13:51] liver part there - bowel part here
[13:51] animals had been at her
[13:51] genitalia all missing
[13:51] animals
[13:51] swabbed what there was of the rectum
[13:51] swaps in pelvis
[13:52] but decomposed
[13:52] found bladder and was swapped
[13:52] all cells sloughed off and bacteria there
[13:52] tissue inside mouth swapped
[13:52] looking for any sexual activity
[13:52] 5 days only for semen to remain
[13:52] determine how long dead?
[13:52] long range only
[13:53] animal activity and decomp consistent with 3 1/2 weeks she was missing
[13:53] swabs of pelvis, but he swabbed area - - couldn't really tell what there was
[13:53] swabbed mouth
[13:53] inside mouth had deteriorated to - like mud
[13:53] how long had she been dead
[13:53] broad range - - can't pinpoint -
[13:53] consistant with the 3 1/2 weeks she had been missing
[13:53] commercial
[13:53] other body or fluid samples?[13:54] ITK said, and I quote, "its gonna get worse....much worse. hang on "
[13:54] no actual blood
[13:54] the medical examiner does not expect that sperm would last in the body after
that long[13:54] he was right
[13:54] sure was[13:54] mummified hands
[13:54] hands were intact but mummified[13:54] he said the most he found it last was 5 days
[13:55] mummified face as well[13:55] is this the first DW has heard of the state of the body when found?
[13:55] not able to take fingerprints without rehydrating
[13:55] no genetalia left
[13:55] they took hands off and sent them to the lab
[13:55] hands removed[13:55] but he did swab the bladder area
[13:55] dental records checked
[13:55] forensic dentist identified by dental records
[13:55] at autopsy[13:55] Cause of death?
[13:56] Cause still pending
[13:56] pending, no injuries anatomical
[13:56] couldn't tell at autopsy[13:56] injury or illness?
[13:56] no disease
[13:56] manner of death?
[13:56] homicide
[13:56] manner of death - homicide
[13:56] congested lungs[13:56] all circumstances, being missing, found decomposed
[13:57] anything at scene to determine cause of death?
[13:57] whole circumstance[13:57] he said there was edema and congestion, and 80 cc of fluid in one lung and
50 on the other
[13:57] Too much decomposition[13:57] he sent the fluid to the toxicologist
[13:57] 30 minute recess
CHAT WENT ON _ _ THIS IS NOT TESTIMONY!
[13:58] they have not come to that yet
[13:58] she was nude
[13:58] necklace on and earrings
[13:58] pajamas?
[13:58] skin face intact
[13:58] (sask) could animals have pulled the clothing away?
[13:58] fingernails were clipped and examined.
[13:58] they would hve just opened what they wanted
[13:58] There would have been trace evidence of clothing if animals took it. Right?
[13:58] yes
[13:59] (sask) wonder if the police did find the earring backing somewhere
[13:59] prolly in the vacuum cleaner
[13:59] animals wouldn't take clothing[13:59] was the blood found on stairway in VD home ? in VD garage?
[13:59] it may have been at scene...that hasn't been addressed yet
[13:59] blood on stairway, and near garage, LB
[13:59] court is on break - - they showed DW -
[14:00] on sidewalk, bloody drag marks at VD home
[14:00] I just don't see gult there, people[14:00] present at autopsy: Det. Kaizer, 2 criminologists, Savage and Duheney, M>E>
Assistant,
[14:00] dragging at body scene could it be from animals dragging?
[14:00] DW seems to have a tremor
[14:00] entomologist[14:00] i was thinking same thing jameson
[14:00] maybe early Parkinson?
[14:00] Feldman has questioned about blood on stairway, but there has not
been evidence to support that presented yet RIGHT?[14:00] watch him - \
[14:00] he looks more worried than guilty to me[14:00] Feldman got that info from a police report, Lav
[14:00] LP, is he shaking like in his initail appearance?
[14:00] no
[14:00] no shakes
[14:00] at first a bit
[14:00] not that bad
[14:00] not now
[14:01] he is OK
[14:01] just seems like a man that is a place he never imagined he would be
[14:01] agree[14:01] i thought the drag marks were at the site, not at the house, someone please
clarify
[14:01] maybe medicated, but not a zombie at all
[14:01] I saw mild tremor when the camera was close up on him today
[14:01] any emotion shown during testimony?[14:01] Where's the police report. I'd love to read it.
[14:01] dragging at both scenes
[14:01] drag marks at house on sidewalk
[14:01] damn
[14:01] drag to the tree from the north - - the access road
[14:01] :)
[14:02] short drag mark at Dehesa?
[14:02] YOU MEAN SHE WS DRAGGEDFROM HER HOUSEO +
[14:02] blood on sidewalk at VDs and near chimeny
[14:02] WHAT
[14:02] i cannot believe this
[14:02] Damon vaccuumed before crime techs arrived
[14:02] blood on stairs in the home also right?
[14:02] blood on handrail
[14:02] and in the garage
[14:02] and no one heard that child being DRAGGED?
[14:02] Not IN the garage. Adjacent
[14:02] this is too much
[14:02] that is impossible
[14:03] Myunderstanding is the vacuuming was after the forensics team left
[14:03] blood not in garage, but near garage
[14:03] before crime techs or between techs and detective? I wasn't clear on that
[14:03] mine too
[14:03] i wouldnt do that....even if they had left
[14:03] i cannot believe they vacuumed...unless he just is stupid
[14:03] I thought it was before techs
[14:03] vacuum at 3:00am?
[14:03] is he some kind of a dumbass?
[14:03] but either way...vaccuuming??
[14:03] we heard friends were inthere cleaning up all the fingerprint stuff
[14:03] (sask) maybe this explains more about the search dog's response
[14:04] those cops tracked in a lot of dirt!
[14:04] no, 3 AM is when the cop was told about the vacuuming
[14:04] you know they had to have some cross contamination, then
[14:04] seems stupid to vaccuum, but what if a glass broke or a plant tipped over or he had a reason like that?
[14:04] just doesnt make sense
[14:04] Collins arrived 3 a.m.
[14:04] he was told about vaccuming later
[14:04] the drag marks to where ?
[14:04] I F my child was missing, i would preserve the site
[14:04] the vaccuming was only mentioned in the garage
[14:04] geez, parents shouldn't even have been in the house at that point
[14:04] coke?
[14:05] Hi all
[14:05] you are right pigeon
[14:05] reports from interviews collins reviewed...those were the people in the house plus some
[14:05] others. long list of names.
[14:05] hi Kathy
[14:05] LP, let's wait and read the log :)
[14:05] This is KN
[14:05] seems that garage is the focus of many things
[14:05] hi Kathy
[14:05] that was a big mistake on the pd part *** Log file opened: 3/11/2002 4:49:08 PM
[16:49] swabbed some areas -
[16:49] right
[16:49] regardingthose areas
[16:49] not strangulation
[16:49] rectum - - and another tubal area - could have been vagina, more likely bladder - he doesn't know for sure
[16:50] swabs went to the cops
[16:50] he says to deteriorated to tell
[16:50] won't say she was assaulted or not
[16:50] doesnt seem to know
[16:50] bck to get him to say likely not strangled
[16:51] no injury to the cartiledge nd bones in neck
[16:51] all the tissue went to cops....
[16:51] medical terms - - so many
[16:51] sorry - I am not getting this
[16:52] back of neck shows no evidence of strangulation
[16:52] lavidity indeterminable
[16:52] no evidence to injury to hyloid cartlige of something bone....
[16:53] cartoid bone i think
[16:53] appeared to be no petechaie
[16:54] in lining of larnyx
[16:54] how could they tell... i thought it was too badly decomposed
[16:54] certain organs were intact
[16:55] protected by ribs or close to grund
[16:55] ground
[16:55] petchaie are typically present in strangulation victims.
[16:55] petechaie are busted blood vessles
[16:56] OH-
[16:56] he did it
[16:56] consistant w 2 1/2, 3 1/2 weeks decomposition
[16:56] he said -- the body sould have been there 2 1/2 - 3 1/2 weeks
[16:56] consistant with that
[16:56] pause
[16:57] consistant w/ being killed after 2/5/02 could be
[16:57] could be consistant w/ death after 2/5 - etc. etc.
[16:57] Feldman said - - then she culd have been killed after 2/5 - - and the ME said yes
[16:57] that would be consistant -
[16:57] after 6th? yes. 8th? Yes, 9th? Yes
[16:58] commercial
[16:58] he is saying it could have been as late as the 12th[16:59] so if they cant even prove WHEN she died any closer than that how can they win on a murder charge against dw?
[16:59] This is not good for the prosecution
[16:59] couple more questions
[16:59] they would have to havehis evidence on her - I think
[16:59] and they say her body is too decomposed to get that kind of evidence
[17:00] Feldman ends
[17:00] her hands might have it
[17:00] redirect
[17:00] good point
[17:00] under her nails
[17:00] and fibers last
[17:00] i cant believe there would be any fibers after that long out in the open
[17:01] petechiaes not found, tissues where that could be fuond not present
[17:02] too decomposed
[17:02] sounds like da is trying to prove she could have been strangled... or smothered
[17:02] Feldman is back
[17:03] OK - - this just in from ME person to me - - the parents did NOT view the body - period[17:03] Literature suggests fractures to face if asphixiation?
[17:03] no broken ribs
[17:04] ME has no direct evidence of axphixia
[17:04] DIRECT was emphasized
[17:05] No physical signs of asphixia present to ME[17:05] Talking about fingernails.
[17:05] it seems to me they cant prove when she was killed.... or how.... so if they cant prove that how can they prove it was murder?....
[17:05] the lab had her hands
[17:05] the ME won't tell us what they found
[17:06] exhibit
[17:06] showing ME photo of body - he cringed
[17:06] BIGGY if they cant prove she didnt die accidently or of natural causes.........
[17:06] Prosecutiion back on, showing the photo to ME
[17:06] Prosecution resting
[17:06] DW is upset
[17:06] with witness
[17:07] where's his tie and coat???????
[17:07] this has been emotional -[17:07] [17:07] Another doctor comin in now
[[17:07] what was he looking at?
[17:07] he is obviously shook up right now
[17:08] when he cringed
[17:08] dw saw the pic of her body....
[17:08] This would upsent anyone, innocent or guilty
[17:08] no kidding[17:08] what the hell am I watching?
[17:08] Norman Sperbert?
[17:08] must be before lunch
[17:08] Sperber
[17:09] they better have more witnesses......
[17:09] two professions[17:09] gen dentist and
[17:09] yes here in Washington
[17:09] forensic dentist
[17:09] cause so far all they have proven is that she died and decomposed...... not a BIT of evidence of who did it
[17:09] or how or when[17:09] It is the cop who was there first
[17:09] so far this all goes to prove she was murdered - - not one word about why DW is suspect
[17:09] figures
[17:09] they will get to why DW did it
[17:10] e is talking about the cases he worked on
[17:10] such as drowning....
[17:10] a lot
[17:11] 4 - 5,000 victims in his career
[17:11] Ted Bundy, Henry HUbber
[17:11] to this case[17:11] Jeffrey Dahmer
[17:11] cases
[17:11] WTC one week
[17:11] experienced!
[17:11] how can he sleep?
[17:11] what a job!
[17:12] notified 2/27/02
[17:12] he was called in and interrupted the autopsy to do his work
[17:12] post mortum 2/27/02 did his exam
[17:12] sorry, little one needs wiped
[17:13] mouth condition?
[17:13] decomposed, not much tone
[17:13] three teeth missing,
[17:13] one baby canine, two permanent front teeth missing
[17:14] locate teeth?
[17:14] one located w/ lateral x-ray
[17:14] in back there was a tooth there
[17:14] recovered and placed back in mouth
[17:14] photoed then
[17:14] in space where gum connects to teeth
[17:14] no idea where other two are
[17:15] Baker, her reg dentist provided his history x-rays
[17:15] teeth were consistent
[17:15] w/ 7 y.o.
[17:15] lower teeth were all present
[17:15] he compared the x-rays with those of her own dentist and made the match
[17:15] opinion identity?
[17:16] were w/o question of the same individual
[17:16] even though the xrays were taken in may of 01
[17:16] the 6 year molar were present
[17:16] X-am
[17:17] by Feldman
[17:17] no, by other def attny
[17:17] You know, I watch DW and he is upset at times but I think it is just hearing the details of what was done. I think he is hearing it all for the first time as well. And to be accused of that!
[17:17] he did interrupt the autopsy to do his dental identification
[17:17] Trama to teeth?
[17:17] No
[17:17] Missing teeth?
[17:17] How?
[17:17] the stuff that anchors tooth to bone decomposes
[17:18] and the teeth can loosen and fall out
[17:18] you're ahead of me Jams, go ahead
[17:18] just by moing body
[17:18] stages in death - - trying to get a time
[17:19] he says it depends on the conditions - temperature, dry or wet like in water
[17:19] commercial again!
[17:19] can't tell TOD he says
[17:20] Range of TOD?
[17:20] objection to range of TOD
[17:20] He can't judge TOD at all.
[17:21] Literature on TOD in his field/
[17:21] dentist said two teeth were missing...perms
[17:21] due to decomp laces
[17:21] no signs of fractiure or trauma
[17:21] can he say whether they just fell out with decompositon or if they were knocked out?
[17:21] lavender....he doesnt look like he did it
[17:21] no
[17:22] going back.....
[17:22] sounds like he is leaning toward decomp causing it in my opinion
[17:22] cause of death?[17:22] objct
[17:23] no signs of trauma
[17:23] could he tell anything about cause of death by the teeth? objection sustained
[17:23] what was the matter with that question?[17:23] examine root system?
[17:23] appeared to be normal, free of trauma
[17:23] How much pressure to cause perms to come out
[17:24] Before decomp?
[17:24] I don't know
[17:24] he can't tell
[17:24] Can't tell the amt. of pressure
[17:24] depends on hor deep the roots were -
[17:24] He did notice the crown root ratio of front tooth was very long in relation to the root.
[17:24] Means with any kind of pressure would lever it out readily
[17:25] Can't say the amt. of pressure required
[17:25] If when alive, was mouth in good enough condition to tell if before or after decomp?
[17:25] Can't answer
[17:25] Done with witness
[17:26] not subject to recall
[17:26] Kristina Hoff?
[17:27 what was he trying to establish with that? if there was trauma? that knocked tooth out? or what
[17:27] where are the missing teeth?
[17:27] animals run off with the teeth also?
[17:27] hmm
[17:27] Christina Hoff
[17:27] Court Tv is closing - catherine crier says she will cover it a bit
[17:28] did I get that spelling right/
[17:28] female on stand
[17:28] HAff?
[17:28] 3 teeth missing.... one found in the back of mouth... found it with xray
[17:28] familiar w/ DW?
[17:28] Weren't 2 of missing incisors baby teeth?
[17:28] does she know DW
[17:28] Neighbor!
[17:28] Haffs?
[17:28] neighbor
[17:28] i thought 2 perms one baby
[17:28] one baby two perm
[17:28] she lives behind him
[17:28] ID's him
[17:29] DW neighbour?
[17:29] her house is higher than his
[17:29] hers sets above his house
[17:29] she can see into the back of his house from her upstairs
[17:29] identical floor plans
[17:29] can see entire rear of his house
[17:29] her bedroom looks into his rooms
[17:29] where is this leading????
[17:29] argung over if she can say what those roms are
[17:30] can see into his house
[17:30] has she seen in? Yes
[17:30] what see?
[17:30] what has she seen?
[17:30] all rear windows and rear door
[17:30] Thinks she can see into his bedroom
[17:30] she sees into a bedroom over there - she thinks it is his \
[17:31] asking for foundation
[17:31] she can say she sees A bedroom, not HIS
[17:31] can see into living area downstairs
[17:31] On 2/1 - to 2/2 was she home? yes
[17:31] in her bedroom from 10
[17:31] watching tv there
[17:31] superbowl stuff
[17:31] neighbor
[17:31] neighbor
[17:32] neighbour behind DW
[17:32] behind DW
[17:32] light of DW was on
[17:32] outside back light
[17:32] unusual
[17:32] she turned off her TV and noticed his outside light was on
[17:32] shining into her room
[17:32] every or alot?
[17:32] 10 will get u 20 she is the reason the cops zeroed in on dw in the first place
[17:32] we are reporting - - shhh - - we have to edit out the talk
[17:32] between 2 and 2:30 infant was up
[17:33] she got up between 2 and 2:30 to deal with her infant son
[17:33] went back to bed and got up again because of lght\
[17:33] the light disturbed her
[17:33] check out light?
[17:33] she looked out
[17:33] andshe saw the house was closed up - all curtains closed
[17:33] got up and looked, DW blinds all closed up, unusual
[17:33] she thought he must have left town
[17:33] he doens't usuallly shut them all up
[17:33] all blinds shut was unusual
[17:34] back door blind shut tight too, never seen thta before
[17:34] seemed unusual
[17:34] RV?
[17:34] did he have any RV's yes
[17:34] saw RV parked out front
[17:34] loading and unloading
[17:34] parks it on Brierleaf
[17:34] had seen him loading and unloading before
[17:34] on the corner of his house
[17:35] Side street is Brierleaf
[17:35] Des. custom for operation RV?
[17:35] his customs
[17:35] he would park it there for days before a trip
[17:35] also has a buggy trailer
[17:35] ??
[17:35] how long get ready?
[17:35] from that day to a couple prior
[17:35] day or two
[17:35] parked there afterwards, unloading
[17:35] after a trip? he would park it there again
[17:35] report to police?
[17:36] yes
[17:36] When aware of Danielle?
[17:36] 11:00a that morning
[17:36] Heard helicopter
[17:36] she knew about the disappearance at about 11 am
[17:36] Contacted?
[17:36] their home was check
[17:36] by canine too
[17:36] cops interviews them and dogs in home
[17:36] Croxx
[17:37] here comes Feldman?
[17:37] Patio light on, blinds closed
[17:37] normal Friday night for her?
[17:37] Yes.
[17:37] Dispatcher for CA hiway
[17:37] She is
[17:38] Did she work on that Fri?
[17:38] NO
[17:38] What days off?
[17:38] parttiem TW or WTH
[17:38] brb
[17:38] Did not work FSorS
[17:39] RV Qs
[17:39] Did NOT see RV that night
[17:39] About when there
[17:39] When see it there for days before trip
[17:39] Loading and unloading talk
[17:39] coming and goin
[17:40] Did not actually see him actually IN it
[17:40] would see RV equip there
[17:40] Would see him outside
[17:40] Never saw him step into it or step out of it
[17:40] just around it
[17:41] just occasionally saw him, didn't set and watch him
[17:41] door of RV open or closed
[17:41] Both
[17:41] Doesn't know where he would go when he took the RV
[17:42] Assumed the desert
[17:42] enclosed trailer
[17:42] doors open
[17:42] RV would reappear
[17:42] atv's in trailer
[17:42] clean?
[17:42] never washed or hosed down that she saw
[17:42] DW kid Qs
[17:42] assumed son lived there
[17:42] saw sons car often
[17:43] son in/out of RV?
[17:43] can't put him actually IN it
[17:43] around it outside yes
[17:43] unusal activities?
[17:43] yes, unusual
[17:43] Hubby is a sgt w/ hiwya pat
[17:44] son in/out of RESIDENCE (not rv)
[17:44] worked friday
[17:44] returned aroudn 11:00?
[17:44] she was asleep, doesn't know for sure
[17:44] when first notice blinds closed?
[17:44] when infant woke around 2-2:30a
[17:44] didnt notice before then
[17:44] DID notice the patio light was on when she went to be
[17:45] around 10:30 or 11
[17:45] bright in her room at 10:30
[17:45] she did NOT notice the blinds were closed at that time.
[17:45] Noticed blinds at 2-2:30
[17:45] Noticed light 10:30 - 11:00
[17:45] Tell hubby next day?
[17:45] about lights?
[17:45] doesn't recall
[17:46] She told the police
[17:46] When first tell?
[17:46] a couple of days after disappearance
[17:46] unusual that house closed up
[17:46] been ?ed several times
[17:46] she went down to the police station
[17:46] you or hubby go?
[17:46] She did
[17:47] Det called hubby told something -- missed it
[17:47] my connectiongoes bad every once in a while. sorry
[17:47] unusual for her to go to command post
[17:47] dispatcher
[17:48] fam. w/ giving info aobut crimes yes
[17:48] aware info gets to off. asap
[17:48] she asked for det in charge of case to tell about the lights and blinds
[17:48] when she walked to the command post
[17:49] left 4p returned 9p
[17:49] on fri
[17:49] Police helicopter overhead is how she learned
[17:49] was aware of search, police officer came to her house
[17:50] two det. knocked on door after the whole neighborhood was taped off
[17:50] comm. meeting at 6p to see what they could do to help
[17:50] knocked on door at 5 something
[17:50] she did not talk w/ det. hubby did
[17:51] police not in uniform
[17:51] searched her home w/ dog
[17:51] present? no
[17:51] when? Mon
[17:51] when dog search?
[17:51] following
[17:53] two instances police were there
[17:53] 1st tiem was when the 2 det were there
[17:53] 2nd w/ canine
[17:53] not home when canine there
[17:53] can't remember if she was there
[17:54] there when police contacted DW in driveway?
[17:54] FEb 4 Mon?
[17:54] Home? She doesn't know when they contacted DW
[17:54] didn't note it.
[17:54] She went to table on Monday.
[17:54] She did notice sonarriving.
[17:54] backpack w/ him watching
[17:55] the next week DW was arrested
[17:55] Then she gave the info on the blinds and lights.
[17:55] Westerfield's son arrived Monday 2/4; son watched activity in neighbor; had backback
[17:56] First time blinds and lights reported w/i FIRST week. Not AFTER arrest
[17:56] They had been in the house
[17:56] after that
[17:56] gave info on blinds within the 1st week[17:56] knew vehicles had been impounded before she reported it
[17:56] she didn't read the newspapers
[[17:56] AFTER his photo had been in the media
[[17:57] had seen him on tv
[17:57] she saw the impounding coverage
[17:57] saw police saying he was not a suspect
[17:57] talk w/ hubby about blinds lights?
[17:57] object sus
[17:57] moment....
[17:58] ON sat notice blinds?
[17:58] Yes, closed
[17:58] sun?
[17:58] can't answer for sun
[17:59] He has a POOL
[17:59] mon ?
[17:59] can't recall on mom
[17:59] mon
[17:59] i KNEW i heard something about a pool
[17:59] Once police were on him, blinds were a little bit cracked open
[17:59] which day?
[17:59] one of the days the evidence persons were there
[17:59] she knows for sure sat, blinds because she looked over fence into pool, knowing child was milling
[17:59] blinds were cracked open
[18:00] BBQ on Fri?
[18:00] in DW?
[18:00] Party
[18:00] Week before that Fri?
[18:00] dont' recall
[18:00] child "missing" not milling
[18:00] week before that friday party?
[18:01] saw tech inside
[18:01] NOthing further by def
[18:02] Fri Feb. 1, around 4:00
[18:02] see RV? no
[18:02] Didn't see him or his RV or packing of RV that Friday
[18:02] Witness done
[18:03] break til 10 after 3 and will go until 4:30 PCFTIME
*note the time stamps are earlier than nessa's part C because of different time zones nessa and LP are in, but this session follows C session*police
[17:18] one other house vacant
[17:18] back in session
[17:18] noted house on corner of brierleaf and -----
[17:19] vacant
[17:19] other house no one home
[17:19] he can't remember which
[17:19] asking for address
[17:19] referring to notes
[17:19] 12035 mtn pass
[17:19] DW house?
[17:19] no one there
[17:20] 11995 DW Mt pass
[17:20] two houses west of VDs
[17:20] Brierleaf is cross street.
[17:20] DW is corner house
[17:20] shut up news lady
[17:20] JOhn Kean????
[17:20] Keen?
[17:20]
[17:21] contact w/ DW person?
[17:21] no
[17:21] Mon 4th
[17:21] went back
[17:21] went to command post to north easter sub station
[17:21]
[17:21] went back to DW house, he was there
[17:21] advised that someone had spoken w/ DW in his driveway
[17:21] went to see him
[17:21] met w/ him in drive
[17:22] who all see?
[17:22]
[17:22] JOhn Rae?, Mark Ha----, Cindy Det. Det. Dave Morris
[17:22] there
[17:22] 9:20, 9;30 a
[17:22] pointing out DW
[17:22] Do? talking to dW about whereaboust over weekend
[17:23] Found out? objection
[17:23] blah, blah,
[17:23] gag order, not wanting inadmissable evid to come out
[17:23] WHAT EVIDE??
[17:24] Feldman speaking
[17:24] arguing continues
[17:24] DW was not under arrest
[17:24] Reason talk to?
[17:24] Had had contact w BVD on Fri
[17:24]
[17:24]
[17:25] Explain why there? yes
[17:25] wanted to know his whereabout and what he may know about her dis
[17:25]
[17:25] can't hear the attnys arguing very well
[17:26] DW was willing to talk, spoke w/ him on porch, free to refuse
[17:26] arguing
[17:26] ok, I got it live again
[17:26] Feb 4, he drove to driveway
[17:26] parked on Brierleaf on side street
[17:27] did not block DWs drive
[17:27]
[17:27]
[17:27] Other cars blockign?
[17:27] none blocking
[17:27] He didn't seen any cars blocking
[17:27] drive
[17:27] saw one west of drive
[17:27] there was room for veh to come and go
[17:27] who was there Ray and another DE there
[17:27] DET
[17:28] Det. Mobley/
[17:28] can't remember
[17:28]
[17:28] other police on sidewalk, not in driveway
[17:28]
[17:28] DW was in driveway w/ 2 dets.
[17:28] 2 dets on sidewalk, he and two other arriving
[17:29] before he went to driveway that am, present at extensive breifing?
[17:29] not present w/ spec. investigations
[17:29] Spec. invest unit not there Feb. 4 when he arrived
[17:29] specials = spec
[17:30] When contact DW, armed? yes, where gun? right side
[17:30] Others armed? far as know
[17:30] DW armed?
[17:30] or the DET
[17:30] NO< was HE witness armed
[17:30] chit chat w/ DW not the case at that point
[17:31] when witness talked w/ him, he talked w/ him on porch
[17:31] porch?
[17:31] advise right? no. rt. to attny? no
[17:32] how many officers total in area when ? DW?
[17:32] 7 including himself
[17:32] w/in eyesight, other officers at VDs/
[17:32] don't recall seeing them there
[17:32] DW has a landing in front, no porch so to say
[17:32] not all 7 officers were w/i eyesight when talking to DW on porch
[17:32] attny is saying porch
[17:33] Only two homes which he had not talked to occupants
[17:33] DW was one of them
[17:33] Feldman is saying porch?
[17:33] One other home w/ no one home
[17:33] Did NOT tell him he was a suspect
[17:33] just asking info
[17:34] ?ed him on whereabouts
[17:34] ok, i guess it's a porch then.
[17:34] Same tone as talking now
[17:34] No arrest
[17:34] How long talking to DW?
[17:35] 25-30 mins
[17:35] Reactions of DW?
[17:35] first talk about weather
[17:35] 50 -55 degrees
[17:35] how DW dressed?
[17:35] faded blue jeans, knit slip on shoes, grey pullover shirt, no collar, w/ buttons, knit material
[17:36] Phys
[17:36] sweating profusly
[17:36] saw on shirt
[17:36] in sun?
[17:36] no
[17:36] in shade
[17:36]
[17:36] first thing talk about/
[17:36] asked where?
[17:36] He started talking aobut frid
[17:37] SORRRY
[17:37] SATURDAY
[17:37] Det. back up
[17:37] had steak on friday, then went to Dads'
[17:37] five minutes from house, DW said
[17:37] who went there wi?
[17:37] by self, said MET friend gARY
[17:37] Evidence - - the man was sweating a lot. I don't think that's gonna impress anyone. Single guy with no alibi all weekend being questioned by a cop with a gun about a kid's abduction. Sweating isn't so strange
[17:37] drink, SEVERAL rum/coks
[17:38] ran into BVD.
[17:38] anyone that can help, please do
[17:38] they are talking fact
[17:38] fast
[17:38] called her Brenda - used her first name
[17:38] Saw here three times prev
[17:38] said he first met her the friday before
[17:38] Fri before
[17:38] met her at the bar -
[17:38] she had been there with a couple friends - - playing pool and drinking
[17:39] Wed. or TH Jan 30-31 Brenda and daughter and youngest son
[17:39] selling GS cookies
[17:39] 2nd contact - - according to DW - - was wednesday or Thursday - - - she was sellling cooking - - her and Brenda and the younger boy
[17:39] went to his house
[17:39] describe that?
[17:39] Brenda said selling cookies - - he invited her in
[17:39] Children ran around hte house
[17:39] the kids were running around the house
[17:40] IN the house
[17:40] that puts the kid's DNA in his house guys
[17:40] went out back door in aroudn the pool
[17:40] they went out the back door as well
[17:40] he asked about her friends -
[17:40] and for an invite
[17:40] OH MAN!
[17:40] this makes more sense than the AMW rendition
[17:40] INvited for BBQ
[17:40] sometime
[17:40] asked for #
[17:41] asked not for INVITE - - for introduction
[17:41] sorry
[17:41] 15 mins inside home
[17:41] there's the opportunity for DNA in his house
[17:41] 3rd meeting was at DAd's
[17:41] and on his clothes
[17:41] AFter he cooked a steak on his BBQ
[17:41] He went over and MET gary and began drinking
[17:41] Gary was there - they were drinking together
[17:41] 8:30 or 9:p
[17:42] starting between 8:30 and 9
[17:42] sAW BVD and friends talking to two men
[17:42] Brenda and 2 feales were talking to 2 men
[17:42] friends of BVD he thought
[17:42] he didn't know them
[17:42] he saw pool playing,
[17:42] they were drinking and playing pool
[17:42] brief convo w/ bvd
[17:42] bvd mentioned father/daughter even comign up
[17:42] Brenda told him about a father daughter dance that next week
[17:42] bought blouse for Danielle
[17:43] Damon wasn't excited about daughter growign up
[17:43] brenda told DW that Damon wasn't really excited about Danielle growing up so fast
[17:43] DW mentioned babysitter
[17:43] left between 11: 11:30p
[17:43] Gary?
[17:43] DW left btwenn 11 and 11:30
[17:43] Gary was still there or left same time
[17:43] BVD still there? yes
[17:43] He didnt' see BVD truckhome when he returned
[17:44] He thought Brenda was still there when he left
[17:44] he said he didn't see Brenda's truck or Damon's blue van near the house
[17:44] DW told him he went to bed
[17:44] Next day SAt?
[17:44] so he knew their vehicles
[17:44] woke up 630-7:00a
[17:44] cop noticed that he kept telling the times
[17:44] Didn't pay attention to time DW said
[17:44] took shower
[17:44] DRove to High valley
[17:45] 7:45 - he left he said
[17:45] to get RV
[17:45] decided to go to desert
[17:45] 25 mins drive to high valley
[17:45] got motor home -
[17:45] loaded from SUV
[17:45] loaded thing to RV from SUV
[17:45] parked 4-runner in High Valley
[17:45] parked SUV up at address in High Valley drove RV
[17:45] drove home
[17:46] said he filled the qwater tank and stocked the RV
[17:46] DRug hose out filled tank, filled w/ groceries, drove to Silver Springs
[17:46] (would he do that if he had the kid? I don't think so)
[17:46] 7;45a to get RV[17:46] When got back, stocked, then left around 9:40a
[17:46] He thought it was close to 10 when he left
[17:47] House immaculate
[17:47] How does he keep his stuff - - house immaculate
[17:47] everything in place - - no dirt -
[17:47] extremely orderly
[17:47] "extremely" orderly
[17:47] see the hose? it was stretched to sidewalk
[17:48] not orderly - - the hose - - -LOL
[17:48] Good grief/
[17:48] did he say he was in a hurry? No, didn't say
[17:48] got to get dinner for 3 yo. will be listening and resting fingers to come back........
[17:48] ok
[17:49] went to silver strand because he didn't have enough gas to get to Glamis
[17:49] overpaid
[17:49] for the camping
[17:49] ranger returned the $30.00
[17:49] DW said he stayed a short time -- it was too cold
[17:49] he went back home to look for his wallet
[17:49] OH MY Gawd
[17:50] back home around 3-3:30
[17:50] came back hom
[17:50] he went back home on Saturday!
[17:50] he saw the cops
[17:50] i would help, can't get thru/connected
[17:50] he couldn't park in his yard
[17:50] what do at house/
[17:50] he said he walked to his house -
[17:50] he went home. he saw the cops?
[17:50] spoke to a neighbor - just said HI
[17:50] then spoke to another neighbor Mark
[17:51] Mark told him about Danielle being missing
[17:51] so he checked his house, yard, pool
[17:51] who is reporting this, the witness who spoke to DW or DW himself?
[17:51] he did not talk to the cops
[17:51] why?
[17:51] a cop is on the stand
[17:51] is it JC
[17:51] then he figured his wallet was in the SUV so went back there
[17:52] don't know cops name
[17:52] It's Det Keen
[17:52] he got his wallet from SUV
[17:52] got gas
[17:52] a cop - don't know the name
[17:52] Detective keen
[17:52] He drove back way to Glamis
[17:52] can u see him? Gray hair with a slight mustache and glasses, late forties early fifties?
nope- he has red hair
[17:52] I can't see and transcribe
[17:53] half bald
[17:53] balding - red hair and mustache
[17:53] reddish hair
[17:53] John Kean(sp)
[17:53] was at wash 3 and 6 looking for friends
[17:53] ended up at 14
[17:54] one group of people was loud and he went to pull in further to get away from the sound - - got stuck
[17:54] he has 2 neighbors he talked to when back home sat!
[17:54] DW said he goes to desert frequently
[17:54] stuck - - it was dark - he spent the night there
he left his business card with Mark in case cops needed to speak to him
[17:54] started to dig himself out - - then asked for help
[17:55] so Kean says that westerfield told him he went home before heading out to Glamis
[17:55] seems DW spoke to neighbors while he was back
[17:55] so could be confirmed
[17:55] he didn't have enough to pay the TTD I think
[17:55] was going to send money?
[17:55] yes- claimed he was low on cash
[17:56] went to burreigo
[17:56] ?
[17:56] stuck again
[17:56] had to dig himself out again that time
[17:56] in the afternoon
[17:56] left Borrego at 6 pm and decided to go back to Silver strand[17:56] stuck twice? wow
[17:56] sounds like a miserable weekend
[17:56] sure does
[17:56] took an hour or so to dig out
[17:56] how'd he get out without his blocks?
[17:56] he then decided the desert was no fun -
[17:57] headed back to strand hoping it had gotten warmer
[17:57] guess not[17:57] he said he went back - through Warner springs and espizito?
[17:57] to Silver Strands again[17:57] where is Borrego in relation to El Cajon
[17:58] he didn't want to go tot he mountain -- thought maybe snow
[17:58] he got to the strands and the gates were closed
kind of east and a little north
[17:58] parked motothome across street from campground
[17:59] slept there
[17:59] cuz campground was closed
[17:59] campground closed by the time he got there
[17:59] parking lot of Coronado Cave?
[17:59] closed at 7pm... he got there at 10 after 7
[17:59] but it's how far from his home to the campground? 20 miles?
[17:59] that was fast driving from the desert!
[17:59] slept for a few hours -
[17:59] 4-4;30 decided to go home
[18:00] am?
[18:00] drove to High Valley - emptied stuff into SUV
[18:00] including linens and then went home
[ [18:00] why stay if the campground is closed and home is so close by?
[18:00] got to the SUV around 7:30 - drove the SUV home
[18:01] got back home around 8:30 and took a shower
[18:01] and did one load of laundry
[18:01] the dryer wasn't working
[18:01] dryer didnt work cause lint filter too full... why not empty it?
[18:01] he's a guy...LOL
[18:01] never mentioned stoping at drycleaner
[18:01]
[18:02] did he describe going near Dehesa road? NO!
[ [18:02] cop said he went in the house - - DW signed a consent to search
[18:02] a neat freak fussy person with a broken dryer and no wallet? sounds unlikely, but I am aware that this testimony is from the stand.
[18:02] consent
[18:03] absentminded professor type for sure
[18:03] cursory walk thrgh by 2 cops
[18:03] DW with them
[18:03] very cooperative
[18:03] he would point out closets and cabinets and trap door to attic
[18:03] offered a ladder
[18:03] overly cooperative says cop
[18:04] objection -
[18:04] opinion, strike
[18:04] How many areas did he point out - -
[18:04] 4-5 in house
[18:04] in garage a row of cabinets
[18:05] he offered to move things out of the way if the cops wanted
[18:05] cop again saying everything immaculate
house immaculate
[18:05] no clothes laying around
[18:05] no dishes
[18:05] no - -
[18:05] http://www.thesandiegochannel.com/
[18:05] listening on computer
[18:05] master bedroom unmade
[18:05] comforter missing
[18:05] Any 50 year old single guy would be pointing out places if his house was being searched by cops for a missing little girl who lived 2 doors down
[18:05] apologized for bed being unmade
[18:05] where comforter?
[18:06] comforter laying on top of washer
[18:06] obviously had not been washed yet, folded on top of washer
desert sand on comforter
[18:06] look in garage?
[18:06] yes
[18:07] half of garage piled up with things
[18:07] 4 runner in garage
[18:07] just been washed
[18:07] (my connection keeps breaking)
[18:08] appeared to have just been washed
[18:08] dirt and wood chip area where RV and SUV had been parked
[18:08] area where 4 runner kept almost on top of mnt
[18:08] upper level street area, dirt area
[18:08] did you notice any other signs in the garage that seemed out of order
[18:08] where 4 run parkd
[18:08] i can't seem to get it at all.
[18:08] det mentioned a bleach smell
[18:08] did u find danielle
[18:08] no
[18:08] bleach smell around where the SUV was parked
[18:09] we were looking for any sign of danielle
[18:09] bleach smell around area where 4 run parked in garage
[18:09] where is the master bed room in the house
[18:09] up the stairs to the left
[18:09] 2 bedrooms, one made to an office
[18:09] one he indicated the son used, master bedroom to the right[18:09] doesnt remember what the windows look out of
[18:09] take that back.. office windows look out to front
bedroom windows to the back
[18:10] after walking to house we asked DW to take us to RV
[18:10] his bedroom looks out to back
[18:10] after house walkthru mr westerfield took us to where the motor homw was parked
[18:10] agreed
[18:10] ten mins to walk thru house
[18:10] all that in 10
[18:10] two cops in one car DW alone
[18:10] examined motor home
[18:10] drove through Poway
[18:11] motor home had several compartrments
[18:11] what kind of compartments?
[18:11] DW drove by self to RV
[18:11] he gave written permission to search motor home
[18:11] DET in other car
[18:11]
[18:11] he started in front of motor home
[18:11] other det started at back
[18:11] met in middle
[18:11] searched maybe 4 compartments
[18:11] just before met in middle
[18:12] neither one searched center compartment
[18:12] gave written permission to search
[18:12] westerfield pointed out they didnt search center compartment
[18:12] motor home fairly clean inside
[18:12] why not, they searched all the other places? what's that about?
[18:12] bed was unmade ... sheets but no comforter
[18:13] never found comforter
[18:13] they searched it... didnt find danielle
[18:13] 10mins in RV
[18:13] searched buggy... didnt find danielle
[18:13] left
[18:13] left at same time
[18:13] at corner DW continued on South
[18:13] returned to westerfield home later that day
Session Close: Mon Mar 11 18:13:44 2002
WESTERFIELD PRELIM HEARING TRANSCRIPTS 3-12-2002
[09:57] all entered living area, 2 det and DW
[09:58] does recall walking to pool area
[09:58] was detective with you?
[09:58] she was with me - - so was DW
[09:58] det parga
[09:58] anyone else in house? Sgt Ray -
[09:58] he stepped inside
[09:58] Det Keen
[09:58] He has never been to vd house
[09:59] the female cop went there at some time
[09:59] was Ray at the house? not that he knows
[09:59] DW took you upstairs
[09:59] Was Det Cargo with you? Yes
[09:59] DW showed you closets? yes
[09:59] and the attic? yea
[09:59] Keen checked attic
[10:00] how long in house 10-15 minutes - upstairs maybe 5 minutes
[10:00] did Ray go up - - doesn;t recall
[10:00] then you left house - yes
[10:00] you drove to RV with Det Parga? Yes
[10:00] don't know how to spell that name
[10:01] Harga, Carga or Parga
[10:01] the detectives discussed their feelings that DW was very cooperative
[10:01] did not talk about DW as suspect
[10:01] at no time did they call him a suspect or discuss him as one
[10:01] while they drove to RV
[10:01] was DW a suspect?
[10:01] objections
[10:01] sustained
[10:01] how is this relevant? asking
[10:01] the were discussing suspicious circumstances in the car
[10:01] webnt to RV
[10:01] went in - walked thru
[10:01] DW was in there too
[10:01] he and Carga went in
[10:01] how long to drive there -
[10:02] about 20-25
[10:02] how long from DW house to RV, didnt time, est 20-25 mins
[10:02] DW cooperative in RV? yes
[10:02] did he point out areas in bedroom - no - he was more toward front
[10:02] pile of bedding on bed? No - - just sheets there
[10:02] were you in bedroom? Yes
[10:03] NOT a pile of bedding, only sheets
[10:03] cop is sure no bedding on bed - just sheets
[10:03] not a closed off bedroom, just the back of the RV
[10:03] was fargo with you? No she was in front of RV
[10:03] Carga is a woman
[10:03] did you go in bathroom - it is not closed off
[10:03] Det. Carga
[10:03] has accordion door
[10:04] DW was inside the RV
[10:04] went back to DW's home
[10:04] son home?
[10:04] no
[10:04] was son there? Not that Keen knew
[10:04] when you approoached him in driveway
[10:05] there were 7 detectives nearby?
[10:05] yeah
[10:05] and media?
[10:05] yeah they were at vd house
[10:05] satalite there
[10:05] yes
[10:05] went to DW house later
[10:05] multiple in area
[10:05] yes
[10:05] he wasn't paying attention to media much
[10:05] he was sweating?
[10:05] yes
[10:05] can you see VD house from DW drive? yes
[10:05] and media? yes
[10:06] satillites? yes
[10:06] trucks yes
[10:06] court - - we have gone over this -
[10:06] DW was sweating?
[10:06] yes
[10:06] inthe middle of cops and media -
[10:06] you approached mr W and asked Qs, common knowledge missing girl in neighborhood
[10:06] not fair to say - cop says
[10:06] yes
[10:07] 1 Sgt. 3 dets whenhe walked out.
[10:07] Mult. media at VD house? true
[10:07] yes - girl missing was common knowledge
[10:07] said "Thats" fair to say not "not fair to say"
[10:07] DW said he had been to glamis
[10:07] asking about gas and cost to fill RV
[10:07] and someone told Keen that had been confirmed
[10:07] so was that he had been at Silver strand
[10:08] Confirmed that he'd been to Silver Strand
[10:08] DW did not tell cop that he'd overpaid
[10:08] DW said he was short of money? yes
[10:08] asking about gas and motor homes
[10:08] DW went to strand in first place because he didn't have his wallet
[10:08] cop doesn't know about that stuff
[10:09] no RV bleach smell, only smelled bleach in half garage not other half
[10:09] Expensive to fill up RV? I'd say so
[10:09] sorry ahead of you all
[10:09] search of garage
[10:09] you serced one side
[10:09] he didn't smell bleach - - she did
[10:09] looked around motor home, did not appear to be clean?
[10:09] he never smelled bleach at all
[10:09] DET: didnt appear dirty
[10:09] the woman did
[10:10] Femme Det smelled blech on her side, he didn't smell any on his side
[10:10] he didn't smell anything unusual at all
[10:10] not in garage or RV
[10:10] in the RV
[10:10] she just said she noted something in the garage
[10:10] only thing that did not appear in order was bed in RV
[10:11] < did the RV appear cleaned recently? he can't say - it didn't look dirty
[10:11] nothing indicated a good cleaning to him -
[10:11] he didn't smell cleaning products
[10:11] he didn't smell cleaning products
[10:11] he didn't smell cleaning products
[10:11] no dirt or dust
[10:11] the bed was unmade - - only sheets on it
[10:12] Only thing he really saw that was out of place was the bed was unmade, no comforter
[10:12] Pros asking
[10:12] nothing further by pros
[10:12] he left SS because of no wallet?
[10:12] did you confirm if he had a wallet at SS?
[10:13] The ranger spoke to a cop
[10:13] NO, now the pros is asking more I believe
[10:13] and DW did pull a wallet from his pocket
[10:13] I believe that was DEF who finished up
[10:13] DW had a wallet at the beach - the ranger says he saw it -
[10:13] DW counted his money and said he didn't think he overpaid
[10:14] DW said the ranger offered money back to him, DW told ranger he couldn't have overpaid him because he still had this much money left
[10:14] end witness
[10:14] NEW WITNESS COMING ON
[10:14] Jim Watkins??
[10:14] relivancey object by DEF
[10:14] prejudicial!
[10:14] They are asking for an in camera hearing before the witness can testify
[10:15] goes to motive says pros
[10:15] goes to motive
[10:15] something off computer
[10:15] computer talk
[10:15] no evidence that these photos are illegal
[10:15] reviewing some pictures?
[10:15] or who downloaded them
[10:15] can't tell who downloaded them
[10:15] anitmation cartoons?
[10:15] these are photos from count 3
[10:16] someone is saying they don't look like count 3 material
[10:16] apply to ct. 3 and go to motive - pros says
[10:16] Judge asking to see them
[10:16] so he can decide if they ae relevent
[10:16] defense is objecting to these photographs and there relevance to count 3
[10:16] color photos, mult pages
[10:16] Ex. 5
[10:16] people's exxibit 5 - animated CARTOONS!!!
[10:16] animation cartoons
[10:17] Witness is JIM WATKINS
[10:18] news room people are spec that it is cartoons of child port
[10:18] porn
[10:20] not to be allowed??
[10:20] const. talk
[10:20] Def. arguing
[10:20] Felman wants access to them, he has not
[10:20] He wants copies of the photos
[10:20] assist counsel arguing
[10:20] the Pros says no
[10:20] he wants to phot copie
[10:20] judge not sure if law allows this
[10:20] [10:20] he says he will show them to Feldman in his office, not give a copy
[10:20] the judge is going to check law on it
[10:21] carttons constitute a violation of count 3?
[10:21] Def. is entitled to access
[10:21] DA says, goes to motive
[10:21] objection overruled
[10:21] det watkins
[10:21] is being sworn in , will testify
[10:22] the cartoons constitute a violation? they go to motive
[10:22] not going to display photos/cartoons
[10:22] DET w/SDPD
[10:22] aprox 19 yrs
[[10:22] comuter forensics lab
[10:22] the cartoons can be entered as evidence
[10:22] comp
[10:22] objct overruled
[10:23] he is certified as comp forensic examiner in wash dc
[10:23] Dark hair, dark full mustache, Det. Jim Watkins taking stand
[10:23] pros will not display them
[10:23] going over all his qualifications
[10:23] Detive SDPD
[10:23] and training
[10:23] 19 yrs
[10:24] early feb of this year, did you become involved in search warrant of DW residence
[10:24] yes i did
[10:25] he got a call
[10:25] common assignment
[10:25] went from NE Sub Station to DW house
[10:25] homicides, child abuse, terrorism
[10:25] called in monday evening the 4th
[10:25] other computer ppl with you, yes
[10:26] took mobile feild imaging kits
[10:26] different media, hard drives , to create images
[10:26] to create iomage or copy of DW comp hard drive
[10:26] directed to office imaging in there
[10:27] took HD out of Comp, moved from COmp in office, attached to kits, made copies, replaced back into DW comp
[10:27] how get onto HD ?
[10:27] They were directed to upstairs office
[10:27] < placed on there by comp user, by diskett, or download, an act the user has to preform
[10:28] took hard drives from computers - - pleural computers
[10:28] imaged two comp and lap top and palm pilot
[10:28] third computer gateway in bedroom
[10:28] took user manuals and books
[10:28] possible looking for passwords
[10:29] found envelope in bookcase behind books, sticking up
[10:29] so three computers, a laptop and a palm pilot were checked
[10:29] envelope containes 3 zip disk and 3 CD rom
[10:29] explaining what these are
[10:30] how they contain information available, w/o leaving it on computer
[10:30] giving computer lesson to DA more or less)
[10:30] three zip disks and a CD found in envelope - - sounds like it ws hidden in bookcase
[10:30] explaining what CD roms are and how they are read in comp
[10:31] 3 CD roms in there
[10:31] he is describing the disks
[10:31] what they look like
[10:31] spinds around and computer reads info
[10:31] "under the age of 18"
[10:31] we were called in to do imaging
[10:32] we did a preview of the things inthe envelope
[10:32] found what he thought were porn
[10:32] setthose aside and informed detectives
[10:32] they were seized
[10:33] the original hard drives remained int he house
[10:33] the things inthe envelope were reviewed
[10:33] they found stuff there
[10:33] all DW's computer stuff was very organized
[10:34] 100's of folder names
[10:34] he was very careful about his folders and files
[10:34] one had BJ
[10:34] 'BJ' under jpgs
[10:34] *blow jobs* depicted oral sex
[10:34] less than 100 images
[10:34] teen, big red, farm 1
[10:34] hundreds of file names
[10:35] appear to be himans in photos, appear to be femal, appear to be fairly young
[10:35] Yes to all
[10:35] first 4 pages appear to be animals
[10:35] thousands of photos - - under 100 objectionable
[10:36] girls under age of 18 appear to be in sexual photos
[10:36] yes, in sexual acts
[10:36] humans, female, fairly young, engaged in sexual activities and photos
[10:36] 4 pages animals
[10:36] annimation photos
[10:36] a series of animations, with a dialog
[10:37] rest of the pages - girls under 18 - sexually explicit poses
[10:37] appears to be young Female, bound by rope
[10:37] hands behind back
[10:37] drawings with dialog -
[10:37] hands above head in series, bound by leather strap, dress being pulled up
[10:37] animations
[10:37] appears to be fighting, asking not to be hurt, raped
[10:37] person appears to be having vaginal intercourse
[10:38] female having oral sex with man as goes on
[10:38] 2 series very similar
[10:38] this is annimations
[10:38] was in directory of BIG RED
[10:39] other labled under sub directories, main folder , swim, cartoons, was directory big red, 1BR, 2BR
[10:39] how these were filed on computer
[10:39] bt on what computer?
[10:39] speaking of a danielle, daughter of a gf
[10:40] bikini in hot tub
[10:40] hi everyone
[10:40] appeared to be on lounge in pool area with towel over face, chest and below were seen, all photos legs spread in V shape
[10:40] this was a girl, daughter of a friend ?
[10:40] real photos of young girl on computer? Yes - - a Danielle - - the daughter of a girlfriend - - early to mifd teens
[10:41] one with her mother and 2 in bikini near a jacuzzi
[10:41] several of her in a bikini near a pool with a towel on her face?
[10:41] in the photos her legs were apart
[10:41] yes, over her head a towel
and one photo was a straight shot tot he crotch
[10:42] he reviewed photos and made notes
[10:42] speaking of reports filed, losing feed again
[10:42] early to mid teens so 14-16?
[10:43] about people looking at the photos and writing reports
feldman wants notes
feldman is looking at DEt watkins notes right now
[10:45] they are looking at reports
[10:47] the girlfriend's daughter was in a bathing suit
[10:47] no sex activity there
judge is telling feldman he needs to look at pics on a break but must question witness now
[10:48] the sex stuff was cartoons
[10:48] felman asking for copies of things again
[10:48] judge saying i am sure DA will give to you
[10:49] judge sees nothing wrong with Feldman not having copies of any of this info
[10:49] asking if pediatrician training?
10:50] he wants questioning to go on
[10:50] take classes in child develop
[10:50] no sir
[10:52] asking about the disclaimer on porn sites
[10:52] cop says not always a disclaimer
[10:52] says there are more w/o disclaimer
[10:53] asked if he could tell who d/l photos, David or son?
[10:53] don't know whether it was son or someone else
[10:53] answer no
[10:53] people shown on net are sometimes selected because they appear younger than they are - - cop says he doesn't know that
[10:54] majority of sites have no disclaimers saying the girls are over 18
[10:54] other lawyer taking over questioning
[10:54] do you know who downloaded those things? no
[10:55] Dusek was just questioning
[10:55] asking about morphing
[10:55] lady mentioned palm pilot
[10:55] were the disks fingerprinted? Doesn't know
[10:55] a photo altering prg for pc's
[10:55] can u tell if photo has been morphed?
[10:55] answer...usually
[10:56] how can you tell if morphed? blue outlines, dif. in tones, grain
[10:56] usually you can see the differences
[10:56] none of Davids appreared to be morphed
[10:56] morphing - - altering appearance of an image
[10:56] Det has yet to not be able to see that a photo was morphed
[10:56] moving a head to another body,for example
[10:57] still saying no photos looked altered
[10:57] his job is to get the photos off the computer
[10:58] more of same
[10:58] if it appears to be altered, they put it in a separate category
[10:59] asked if he went back and researched the sites where photos came form?
[10:59] discussing how to tell if it is morphed, better the technology, the better the morphing
[10:59] answer no, no sites listed
[10:59] some advertising banner mentioned by Det
[11:00] talking about palm pilot
[11:00] do you know who took these photos? No
[11:00] he copied all info from it
[11:00] four computers examined 3 personal computers 1 palm pilot
[11:00] and a lap top
[11:00] asking if he knoes how many bedrooms in house
[11:01] "morphing"
[11:01] back to house
[11:01] answer no, he tried to stay outta the way
[11:01] located various places computers
[11:01] he was only there for the pc's
[11:01] sone images taken from hard drive, zip disk, cd's
[11:01] asking about allocated space now?
[11:02] 3 or 4 bedrooms
[11:02] hard drive talk
[11:02] active files
[11:02] allocated space is available space...deleted info used to be there
[11:02] now its available for new files
[11:03] images on hard drive were on allocated space
[11:03] were any of them in unallocated space? one was in the deleted space
[11:04] allocated or inallocated recyle bin step before inallocated
[11:04] looking thru papers now
[11:07] < now to zip files
[11:07] zip had deleted files
[11:08] tech talk now
[11:11] expalaining how to name files..dpg...dll...etc
[11:12] did not find that DW had renamed any files
[11:12] in attemp to hide files
[11:13] officer ?? examiled files ffrom all the computers?
[11:13] many thousands
[11:13] he said no child porn
[11:13] defense objecting
[11:13] not prepubescent girls in images
[11:14] not prepubescent girls in images
[11:14] according to the other cop
[11:14] Collins asked that this other cop look at them
[11:14] Mr. Armstrong
[11:14] is clear - - no one thought they were pre-pubescent girls
[11:14] 68000 images from the pc's
[11:15] Armstrong spent about 1 1/2 hours looking at photos
[11:15] no prepubescent females in photos
[11:16] do you disagree with his conclusions? "Not at all."
[11:16] back to the danielle pix..the daughter of a friend<---judge speaking
[11:16] from the files you downloaded,
[11:16] do you know when they were open? yes
[11:16] do you have a list of those times? yes
[11:17] talking about 6 photos of the real child
[11:17] Discovery page 14-54
[11:17] says when files were open?
resume at 20 til 11
[11:41] computer forensics guy testifying
[11:41] that's exhibit B
[11:41] Exhibit c is 5 pages of typed info - - computer directories
[11:41] Jim Watkins is still testifying
[11:42] Exhibit D is 2 pages of of directory of CD'a and zips
[11:43] descriptions now
[11:43] mother and daughter sitting together
[11:43] out in the pool
[11:43] pool area
[11:43] 2 - girl lounging in chari - towel on her face
[11:43] girl in bathing suit, pool area, towel over her head
[11:43] exhibit A, photos that obtained from DW house, from zip drive? yes sir
[11:43] towel in chair next to her
[11:43] picture 3
[11:43] as if someone just got up
[11:43] young lady and girl sitting together fully clothed
[11:43] next is girl sunbathing with towel over face
[11:43] iscussion
[11:44] Judge - 8 photos of DW friend and her daughter
[11:44] chair next to her with towel over it, as if someone else had just gotten up from there
[11:44] court doesn't think this detail is necessary
[11:44] judge is looking at them
[11:44] ask a broad question if you want
[11:45] the photos are of same people near pool - - yes
[11:45] all photos in Ex. A photos os same people in pool area
[11:45] images in exhibit 4 - - when were they created on computer
[11:45] Images in Ex 4 - when filed created on zip, hard, or cd?
[11:45] first page was created on 5/17/1999
[11:46] yes, the 1st page, the file ea7950. jpg created on may 1799
[11:46] at 12:56 p
[11:46] next one - 4/22/99
[11:46] ea13186 on 4/22/99
[11:46] 2/16/99
[11:46] 2/16/99
[11:46] these are old files
[11:46] 5/17/99
[11:46] next 5/17/99
[11:47] any photos on 2nd page on spec. date
[11:47] try restarting your puter
[11:47] dates will follow
[11:47] 4/18/99
[11:48] any photos in year other than 1999? Judge getting pissed
[11:48] exhibits #4 all from 1999
[11:49] pictures and animations all created in 1999 in exhibit 4
[11:49] yes others than in 1999
[11:50] two in ...
[11:50] Judge says all 1999? Number 4 - yes
[11:50] yes there are exibits created in years other than 1999 - two in -
[11:50] that set of photos
[11:50] the beastiality
[11:50] are they in exhibit #4?
[11:50] I am in exhibit 4
[11:51] one in 12/17/01
[11:51] another one, same date
[11:51] same date iea11058.jpg
[11:52] Dec 17, 2001
[11:52] continuing testimony of DET. Watkins RE: computer photos
[11:52] iea11058.jpeg same date 12/17/01
[11:53] and that's it! nothing since Dec. 01
[11:53] tryng to indicate two pictures to judge
[11:53] when animations done?
[11:53] judge had to describe how to enter items into record
[11:53] A = animations
[11:54] 1st series 1/14/99
[11:54] 2nd series A 1/14/99
[11:54] these are all the things -
[11:54] when were animations done?
[11:54] speaking of animations now
[11:54] animations 1999
[11:54] can't say how on compu
[11:54] didn't say anything about the animations yet
[11:54] all done at the same time? Yes sir
[11:54] 1/14/99
[11:54] can't say if downloaded
[11:54] second series 1/14/99
[11:55] cannot tell how they got on the computer
[11:55] irrelevant ? about how many sites have these sorts of thigns
[11:55] wjhen were animations done?
[11:55] all at the same time - on 1/14/99
[11:56] he can't say how the photos got on the computer
[11:56] forensic computer guy done for now
[11:56] DEF asked if it is illegal to take those photos of friend's daughter?
[11:57] Objectoin, sustained[11:58] judge wants movement - next witness
[11:58] SDPD dude
[11:58] 22 years
[11:58] Julie Mills drycleaner spoken about now
[11:59] homicide det - 5 years
[11:59] don't read from report, witness!
[11:59] oh good I like this dry-cleaning stuff :)
[11:59] Clerk at Twin Peaks cleaners
[12:00] Det. where located
[12:00] highway road
[12:00] when happen
[12:00] last week
[12:00] interview of mills
[12:00] counter person for cleaners
[12:00] asked about DW
[12:00] What did it center around
[12:00] comforter covers, two comforters, jacket to drycleaner on Feb 4
[12:00] Hailey Mills is clerk at cleaners
[12:00] Julie Mills
[12:00] 2/4/ 7-830 DW pulled up, wearing tshirt, shorts,
[12:00] 4 - 5 items to comforter, covers
[12:01] 7-8:30 pulled up in motor home - tshirt and shorts
[12:01] along/ w/ jacket
[12:01] 2 comforters
[12:01] did not indicate why he took them to cleaners
[12:01] DW did not
[12:01] unusual
[12:01]
[12:01] Upset
[12:01] did she describe anything unusual
[12:01] yes
[12:01] DW seemed upset
[12:01] Cold, so why dressed
[12:01] DW had asked her out previosuly, not talkitive this time
[12:01] she had known him for several years and
[12:01] seemed upset
[12:01] Previous convo w/ DW?
[12:01] numerous times
[12:01] acting then
[[12:01] over many years
[12:02] asked her out
[12:02] many times
[12:02] he was not talkative this time
[12:02] 7 - 8:30 a
[12:02] Terry Torkerson
[12:02] she said he seemed upset that morning
[12:02] that he was not dressed for the cool weather
[12:02] When convo w/ Torkerson
[12:02] warrant written and on 3/7 and 3/8
[12:03] focus on 3/7 and 3/8
[12:03] convo re: TT actions of getting items form cleaners
[12:03] he told me he had gone there on feb 6
[12:03] TT gone there on 2/6
[12:03] and talked to julie regarding clothing
[12:03 returned on 2/7 for ....?
[12:03] warrent executed
[12:03] TT talked w/ Molly???
[12:03] 15:40 hours warrant executed
[12:04] Tortersen
[12:04] Torgesen
[12:04] kelly bellam
[12:04] Sevice of search warratn o 2/7
[12:04] green zip up jacket two comforter covers and comforters two pants, black sweater
[12:04] TT served SW at TP cleaners to KB
[12:04] 7 articles request and rec'd
[12:04] tt said he served the search warrent at cleaners to kelly belom and recieved several articles
[12:05] What obtained: see honus up above
[12:05] Anything additionally?
[12:05] also black shirt
[12:05] got reciepts
[12:05] for each of the items
[12:05] Address? Can't remember
[12:06] TT's interview of Kelly Belom:
[12:06] Address located in TT's interview
[12:06] What do w/ articles?
[12:06] What did TT do with them?
[12:06] is that the location he got the articles from
[12:06] yes
[12:06] Back to SDPD to evans specialists
[12:06] he brought them to the sdpd
[12:06] assigned to Homicide 4
[12:07] DA DONE
[12:07] he asked bellom questions and she volunteered additional info
[12:07] CROSS
[12:07] why didn't he bag them?
[12:07] torgeson asked
[12:07] RE: Mills
[12:07] asking or volunteering?both
[12:07] didn't tape record
[12:07] did u tape ... no
[12:08] witness discussed testimony with Deputy DA Clark this morning
[12:08] DAte of reports of TT 2/7, 2/8
[12:08] Before came to court discuss w/ whom? Dpt. ?
[12:08] Dpt. DA
[12:08] not spoken w/ anyone else?
[12:08] maybe Sgt.
[12:08] Mr. TT?
[12:08] TT is woman
[12:09] not today
[12:09] anyone he talked w/?
[12:09] Woody Clark is DNA expert
[12:09] only people TT, Sgt. Holes, and DDA Clark
[12:09] Kelly and Julie
[12:09] those five only
[12:09] He has met DEf attny befor ein another case
[12:10] def is probing issue of who he talked to
[12:10] EXCUSED
[12:10] NEXT WITNESS: [12:10] DIRECT:
[12:10] FEMALE
[12:11] Karen LeVala
[12:11] forensic specialist,
[12:11] police woman
[12:11] 9/99 hired june 2002
[12:11] 2000
[12:11] been there 2 yrs 8 months
[12:12] take evid, process evid for fingerprints
[12:12] Background talk
[12:12] describing experience and schooling
[12:12] mjored in evidence tech
[12:12] how to process evidence at crime scenes
[12:12] her duties in VD: photos, evidence collection
[12:13] Interned at SDPD
[12:13] item of clothing from torgerson--from laundromat
[[12:14] did u recieve an article of clothing from tt
[12:14] yes, not sure of date
[12:14] she's consulting evidence list created byherself
[12:14] feldman unclear about document, wants date--feb 1
[12:14] date? evid. list dated 2/19
[12:15] Article rec'd 2/7
[12:15] time? 1632 hours
[12:15] in bag from DC, 4 items
[12:15] got article of clothing from tt on feb 7, in a dry cleaner bag. four items, not inventoried, jacket included
[12:15] jacket?
[12:15] yes
[12:15] got the article of clothing feb 7
[12:15] jacket got evidence item #94
[12:15] in a cleaners bag
[12:16] didnt inventory the 4 items... included a jacket
[12:16] jacket released to criminalist shaun sorianno on Feb 8
[12:16] released jacket to crim. sean zoriono
[12:16] RV talk
[12:16] motorhome search she participated
[12:16] Searched
[12:16] Where/
[12:16] she searched while it was in veh impound garage, over a few diff dates
[12:16] at impound on difff. dates
[12:17] latent prints? 2/8
[12:17] latent prints
[12:17] finger prints??
[12:17] found prints
[12:17] black powder
[12:17] used tape
[12:17] desribes process of collection
[12:17] vihicle impound garage
[12:18] flashlight
[12:19] recovered some prints? yes
[12:19] area of bed?
[12:19] area of bed? yes
[12:19] Yes
[12:19] prints off of cabinets beside bed
[12:19] condition? on cabinets, one on drivers side
[12:20] cards have all info about date, etc.
[12:20] location descrip on card?
[12:20] wooden cabinet on drivers side near bed
[12:21] DA DONE
[12:21] CROSS
[12:21] by FELDMAN
[12:21] documents she was referring to were not provided to DA
[12:21] Evid list to homicide team
[12:21] notes marked
[12:22] he didn't have access to this--now they are entered as defense items
[12:22] def exh "E"
[12:23] she says those are her notes so she didn't give that latent fingerprint card to the DA
[12:23] only latent fingerprints in exh "e" form rv
[12:23] so feldman didn't get them
[12:23 Feldman wants them
[12:23] 6 cards
[12:23] fingerprint on window
[12:23] suppose to be 6... only 2
[12:24] documents say page 6 of 6....
[[12:24] Exhibit E starts with #3 of 6 cards - - then there is #6
[12:24] print #1 on window, orientation unclear
[12:25] He wants to know where the others are
[12:25] directionality of which the print you lifted is manifest
[12:25] lift 1
[12:25] where wa print? on window
[12:25] latent 1 of 6 shows location on window
[12:25] on top of window
[12:26] what "orientation" of the print
[12:26] what direction is it in?
[12:26] silence from her
[12:26] it's on the window, she says
[12:26] print two, same question, same answer
[12:26] basically Feldman is getting at that there was not a good description of where exactly the print was taken
[12:26] or what direction the finger was pointing
[12:27] he isn't asking what part of the window is up
[12:27] she doesn't have copies of front of cards
[12:27] he wants to know the direction of the print
[12:27] she has no independent recollection of print orientation
[12:27] asking why she doesnt have copies of the front of the card is objected to and sustained
[12:28] feldman noting prosecution's "second" failure to provide discovery in a timely manner
[12:28] regarding print cards
[12:28] det. tom ?
[12:29] one other criminalist
[12:29] in RV at same time as her
[12:29] who else in RV while she was collecting? one detective, another criminologist was in and out
[12:29] she has no recollection as to the direction of any of the prints
[12:29] prior to use of black powder was the rv luminesced? no
[12:29] did she prepare a report? nope
[12:29] notes? yes
[12:30] she has the notes, not with her
[12:30] asked about participating in searches of homes? Object. beyond scope, sustained.
[12:31] they are avoiding the evid at the homes.... hum
[12:31] she takes lift cards to pd lab
[12:31] gives them to latent print unit
[12:31] she turns it in to latent print unit
[12:31] he wants to know who she gave it to
[12:32] lpu is an office, the cards are sealed in envelope, record of when turned in
[12:32] once you remove the lift what do you do with it... she collects it and takes it to lab
[12:32] chain of custody defined
[12:32] purpose of chain of custody described
[12:33] she is unable to say the person she gave the card to
[12:33] cards
[12:33] she gave the card to a clerk, no name
[12:33] can't remember clerk name
[12:33] < civilian clerk
[12:34] i'm being facetious
[12:34] discussion of PD property room
[12:35] was PD treating Westerfield evidence different? no
[12:35] evidence other than cards would be in property room, she infers
[12:38] when you were in the motor home were you wearing any kind of shoes
[12:38 no
[12:38] shoe protection sorry
[12:38] talking about floor of RV
[12:38] cross contam
[12:38] carpet from bathroom removed?
[12:38] no precautions to insure cross contamination didnt happen
[12:38] she doesn't remember if the carpet was removed before or after she was in there removing prints
[12:39] was carpet removed from bathroom before you got there? no
[12:39] did she protect against cross contamination? "I walked through there"
[12:39] doesnt remember if carpet was removed before she got there or after
[12:39] They did remove carpet, but can't remember if it was before or after I got there
[12:39] only carpet she remembers in the bathroom was a rug
[12:40] she walked thru the hallway
[12:40] knows the area just outside the bathroom has a particular evidence value
[12:41] re: 2/8
[12:41] did she have that knowledge about the carpet on 2/8
[12:41] re: outside of bath area
[12:41] big interest in that carpeting
[12:41] "some' interest
[12:41] she knew it was important
[12:41] Q bag w/ evid, whom rec
[12:41] A clothing? TT gave it to her
[12:42] regarding laundry bag (which "you did not inventory"
[12:42] W contained ?
[12:42] in dry cleaner bag
[12:42] A clear bag from DC
[12:42] Q: what do upon receipt
[12:42] area outside bathroom was important to law enforcement true? Yes
[12:42] A: would have put in bag and sealed. DID
[12:42] Q have a spec. recollection?
[12:43] she placed them in a paper bag (three items)--does she have specific memory? "I believe I did"
[12:43] do you actually remember doing it? no
[12:43] trained to prepare reports?
[12:43] yes
[12:43] are you guessing?? I'm guessing
[12:44] Do you remember doing it? No
[12:44] did she make a report regarding clothing? she has chain of custody
[12:44] REPORT did you have a report?
[12:44] No, she only had c-o-c
[12:44] judge asked : did you prepare ANY reports? No, evidence list, c-o-c
[12:44] didja take notes?
[12:44] doesn't recall
[12:45] define c-o-c
[12:45] chain of Custody
[12:46] no master computer list regarding evidence
[12:46] he shows her c-o-c
[12:47] discovery pg 1299
[12:47] is this the internal coc
[12:47] yes
[12:47] k lealcala name on there
[12:47] is it a true and accurate copy?
[12:48] did she sign it, or handwrite?
[12:48] yes, initials
[12:48] right next to her typed name
[12:49] did she get evidence from motorhome from det ott or kaiser?
[12:49] were they in motorhome prior to alcala?
[12:49] she doesn't think so
[12:50] sign in or out sheet for entering RV?
[12:50] not to her knowledge
[12:50] any document to sign to reflect her entry into RV. only her own notes
[12:50] she did get evidence from the detectives
[12:51] so, no master list? she doesn't know of one
[12:51] move on, counselor!
[12:51] laundry bag now
[12:51] why didn't she inspect contents of bag?
[12:51] because she was turning it over to criminalists
[12:51] Jusge says she is testifying about the cleaner sttuff and the prints - that's all
[12:51] not her function to evaluate clothing for trace evidence. no
[12:52] she does look for trace evidence
[12:52] is it part of your job to investigate scenes for trace evidence, yes
[12:52] argumentative, down boy!
[12:52] but she didn't look at the laundry bag for trace evidence? Objection - sustained
[12:53] just said "understand i want to finish up with this witness before we break"
[12:53] do you remember if the detectives were in the RV while you were there?
[12:53] yes
[12:53] were ott or kaiser ever in RV while laalcala was in there, yes
[12:53] were they in there?
[12:54] yes
[12:54] yes - they were there at the same time
[12:54] did you see them near the print area?
[12:54] not when she was lifting them
[12:54] how about before
[12:54] I don't know if they were there when I was lifting pprints - that day
[12:54] not sure when they were there at same time in relation to finger print collection
[12:55] prints taken 2/8
[12:55] she had been to RV before
[12:55] she had been in RV on prior occasion to getting prints on feb 8
[12:55] redirect
[12:55] danette peer another crimonologist was in there
[12:55] annete
[12:55] asking about another person was in RV at the same time - annette pear?
[12:56] feb 6, her and annette
[12:56] thye were there on the 6th
[12:56] did anette find blood on that date? objection sustained
[12:56] asking about blood stain on carpet? objection
[12:56] not in evidence
[12:56] not going to allow that question line
[12:56] evidence list
[12:56] evidence list discussed some more
[12:57] leading question - - allowed
[12:57] she had list in front of her 20 pp
[12:57] evidence list is 20 pages
[12:57] signed by her
[12:57] signed by her
[12:57] she seized those items
[12:57] what is the title of the document
[12:58] lab report
[12:58] full title: field services unit laboratory report
[12:58] includes description of her actions? yes
[12:58] jacket is on list
[12:58] includes circumstances of evidence obtaining.
[12:58] and how she got the jacket
[12:58] i.e. it is a report
[12:58] feldman says keep reading title
[12:59] is evidence list a report?
[12:59] evidence list is included in "report"
[12:59] when you use the word report do you mean a report or an evidence list?
[12:59] argumentative - sustained time and time again
[12:59] she has been inside RV how many times?
[13:00] 3+ times
[13:00] a few different days, at least three probably more,
[13:00] as many as 10?
[13:00] she's have to look at her reports
[13:00] she can't answer to ten[13:00] lunch break
Yes, some informative discussions.. but that's ok.we're starting over. I agree with Rolling_stone...let this one survive.
Contrary to popular opinion, I don't wield that kind of power.
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