Replies

March 12, 2002 Transcripts. 10:00 A.M. until 1:00 P.M. Lunch Break

[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] 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