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Afternoon of 3-12-2002 until recess....

Westerfield Prelim

Lunch Concluded, Hearing Resumes.....

[14:42] desrcibe jacket
[14:42] green and blue
[14:42] zipper buttons
[14:42] orange inside area
[14:42] lining orange
[14:42] stains
[14:42] off white stain
[14:42] two dark green stains
[14:42] apparent reddish brown stain
[14:43] other light reddsih brown stains
[14:43] visual observation
[14:43] noting color and apx size
[14:43] noted color and size of stains
[14:43] tested for blood
[14:43] results: one apparent reddish brown positive
[14:44] positive
[14:44] two light reddish brown also positive, one negative
[14:44] how many tested positive? 3
[14:44] three presumptive blood stains out of four
[14:44] what do to three stains?
[14:44] what next after detemrining positive presumptive results
[14:44] photgraphed
[14:45] cut stains out put into paper bindles and envelopes
[14:45] into freezer packet
[14:45] used different scisser each time
[14:45] numbered the bindles
[14:45] locations of stains
[14:45] r/b stain on front outside middle lapel area
[14:46] this one was labeled 94D-1
[14:46] light r/b 94d-2
[14:46] 94-3
[14:46] 94-2 front right outside area near shoulder
[14:46] Sean is an assistant criminalist according to Ct. TV
[14:46] 94-3 behind neck collar on outside
[14:47] packaged and labled, substrate controls
[14:47] into freezer packets
[14:48] substrate control--test that chemical presumptive test is not giving false positive
[14:48] substrate controls are material from near stains
[14:49] no reports, took notes, has them, feldman did not get them
[14:49] da also doesn't have notes
[14:49] judge thinks DA better get the notes and give them to
[14:52] off record conversation regarded his notes
[14:53] feldman wants continuance to have chance to review notes
[14:53] DA is hemming
[14:54] DA promises to limit testimony to one page of notes
[14:54] so feldman can examine that
[14:54] now they approach the bench to discuss exactly which page
[14:57] Feldman talked to DA, then said remedy ok since limited testimony from
[14:59] bulk of notes added as defense exh 'f'
[15:00] coc document within packet of notes, they address that now
[15:01] recieved on 2/8 from laalcala, returned 3/6
[15:02] FELDMANS CROSS
[15:02] there is other documentation regarding the material which feldman doesnt have
[15:02] computerized coc system exist? not that sorianno is aware of
[15:02] no computerized, but there is paper copy
[15:03] this internal coc document is also in the 54 pages of stuff
[15:04] the chain of custody relfect just the chain of custody
[15:04] where is a document that testifies to coc of jacket
[15:04] in his notes
[15:04] page three of his note
[15:05] page 8 detailed description of jacket, continues to page 9
[15:05] these pages indicate observations
[15:05] feldman is asking for coc specifically relating to jacket, as opposed to all the laundry material
[15:06] there apparently is no document precisely related to coc of jacket
[15:06] packaging, condition thereof noted in sorianno's notes
[15:07] coc=chain of custody
[15:07] placed bakc in original large brown bag, sealed, labeled and signed returned to lealcala
[15:07] the bag of items including jacket returned to lealcal on march 6
[15:08] sorianno received bag on feb 8, opened by him on 2/11.
[15:08] bag cut open 2-11
[15:08] items initially examined, removed from bag--placed in evidence evaluation locker
[15:09] [15:09] checked into evidence on 2/11, sorianno opened it next day,
[15:09] Sor reads from notes, F ask for strike
[15:09] resealed on 2/12
[15:10] opened again on 2/13 and jacket examined
[15:10] 2/13 he cut stains off of jacket
[15:11] stains packaged and labeled and placed in forensic freezer on 2/13
[15:11] secured with lock key
[15:11] < 2/14 transered from fridge to freezer
[15:12] at the SDPD
[15:12] listing people who had access
[15:12] what floor was the evidence locker? object. sust.
[15:12] locked freezer
[15:12] jacket question
[15:12] only lab members had access
[15:12] who had access to room in which it was received
[15:12] objection! Overruled
[15:12] evidence evaluation room is a secure area
[15:13] who had access to room it was stored while you had it?
[15:13] homicide investigators cant access alone
[15:13] accompanied by lab member to access
[15:14] sorianno done
[15:14] notes!
[15:14] feldman offers to copy them
[15:14] DA wants to do it
[15:14] da will get notes,make copies
[15:14] lol...
[15:15] trying to establish that ott and kaiser could have accessed the jacket while in forensic room
[15:15] really is pros job to copy and give to def
[15:15] judge agrees with alie
[15:16] dorie savage another criminologist
[15:17] SPDP Crime Lab
[15:17] just testimony of people who gathered evidence
[15:17] trained in collection of bio material from know individuals
[15:18] 3 years on job
[15:18] she gathered material on feb2 at Van Dam's
[15:18] got there around 4:20 PM
[15:18] assigned to investigate missing person
[15:18] she went in and looked for evidence to see where girl might be
[15:19] she entered Dani's bedroom
[15:19] it was obviously little girls room, pink, white canopy bed
[15:19] she looked in the room, at flooring
[15:19] flooring was carpet
[15:19] on her hands and knees examining carpet
[15:20] carpet not freshly vacuumed
[15:20] no vacuum marks
[15:20] got underwear from bedroom
[15:20] collected, bagged, labeled
[15:20] items all over the floor
[15:20] underwear were in corner near closet, in(>) dresser
[15:20] in?
[15:21] girls underwear
[15:21] underwear numbered
[15:21] #3
[15:21] near the closet and the dresser
[15:21] over in corner near the closet and the dresser
[15:21] she examined the underwear visually
[15:21] unusual stains in crotch area
[15:21] white some pattern, size 8, girls
[15:21] labled brown paper bag appropriately
[15:22] which underwear went into
[15:22] she was there from 4:30 unti almost 5 am next morning
[15:22] not unusual stains...just stains
[15:22] looked for finger prints
[15:22] looked with strong light
[15:23] used poweder
[15:23] parents were not in home while she was there
[15:23] powedered bedroom, and other areas in house
[15:23] powder gets everywhere
[15:24] not in home when she arrived there either
[15:24] no vacuuming while she was there
[15:24] she returned on feb 4
[15:24] around 10AM
[15:24] to conduct furhter search
[15:24] looked through room again, further searched house for evidence
[15:25] evidence of vacuuming anywhere in house--yes in stairwell
[15:25] lotsa powder there
[15:25] to be vacuumed
[15:25] known biological sample collection phase
[15:25] collected mouth swabs and head hair from parents
[15:26] reference samples for comparing to include or exclude
[15:26] reference sample is known sample
[15:26] she labeled them
[15:26] the samples
[15:26] on Feb 6th
[15:26] reuturned samples to pd
[15:27] her contact with parents
[15:27] none on feb2-3
[15:27] they were generally there on all other occasions
[15:27] they were very co-operative and helpful
[15:27] feldman is making the same point
[15:28] they volunteered information!
[15:28] very co-op and very helpful
[15:28] that is the judges point, not mine
[15:29] you think anything bad about them becuase they were co-op
[15:29] NO
[15:29] make them bad
[15:29] no
[15:29] them, or DW
[15:29] them = VDs
[15:30] it is not incriminating to be helpful is point
[15:30] yes
[15:30] feldman reviews her testimony
[15:30] the accredidation she took was internal Feldman is pointing out DA is objecting
[15:30] others were searching while she was
[15:31] she was trying to find as much as she coudl
[15:31] could
[15:31] she found three bright red colored stains on stairway wall?
[15:31] no, she didn't
[15:31] review report of halley, date 2/12
[15:32] did she review the report?
[15:32] she did review "a" report for accuracy
[15:32] pg 2 of that report
[15:32] she did review "a" report of det halley for accuracy
[15:33] doesn't know what he called the report
[15:33] now he shows her HAWIEs report
[15:33] directs her to last para of page 2--i viewed residnece found three bright
[15:33] stains near stairway on wall
[15:34] three bright red half the size of a pencil eraser
[15:34] feldman getting a bit testy!
[15:34] have you ever taken lessons in how to testify? objection! ouch!
[15:34] she says the report is accurate
[15:35] she says you asked me if I found them, I did not find them
[15:35] one stain beside third step on west wall between landings
[15:35] she doesnt recall
[15:35] time for her to revie HAWIEs report
[15:35] yes, to location of first stain
[15:36] there were two others on west wall near second step
[15:36] she conducted hemostix test on one stain
[15:36] she discovered this presumptive blood on the staircase
[15:36] she saw them but does not remember from memory where they were
[15:36] she wasn;t responsible for positive testing
[15:37] she collected stains
[15:37] was someone else's job to test them, she just collected
[15:38] collected three stains from thoses wall herself, yes
[15:38] did she cause or participate in labeling of siezed items in VD residence
[15:38] yes
[15:38] in bedroom, cream colored bean bag chair with red stain
[15:38] positive for blood
[15:39] feldman is asking these question
[15:39] anything unusual about exterior of Dani's door
[15:39] regular ol' door
[15:39] other bedrooms doors, at least three
[15:40] the doors had unique decorations
[15:40] on the exterirors of the doors
[15:40] she didnt phot doors, suggested that be done
[15:40] no unique decorations on bedroom doors
[15:41] in addition to presumptive blood on stairwell, and under beanbag chair
[15:41] did she find anything outside of house
[15:41] didn't collec beanbag chair that day
[15:41] any bs outside residence?
[15:41] UNDER beanbag chair?
[15:42] what might be blood found in threshold of doorway from garage to side yard
[15:42] not under -
[15:42] near - around
[15:42] area photoed
[15:42] blood spatter
[15:42] she found what might be blood in threshold to garage
[15:42] spot on outside was approx 3 inches long
[15:43] no recollection of width
[15:43] she didn't record the measurements of this possibel bloodtain? no, job of a detective
[15:43] possible stain elsewhere
[15:44] on exterior of house
[15:44] det vanway would have recoreded it
[15:44] describe location of what might have been blood
[15:45] she points to area different from what feldman was addressing
[15:45] any drag marks?
[15:45] yes, in the side yard
[15:45] so she saw what might have been blood in doorway, drag marks along sidewalk along side of house
[15:47] mo one tested it to her knowledge???????????????
[15:47] no
[15:48] second trip to residence, stairway had been vacuumed
[15:48] possible blood, she didnt test it, she doesnt know if any one did
[15:48] did she tell anyone not to vacuum?
[15:48] second trip was to collect trace evidence
[15:49] yes
[15:49] they vacuumed near where bloodstains had been found
[15:49] but not from stairs
[15:49] she attempted to recover evidence for DVD bed
[15:49] other areas of house
[15:49] from dvd bed
[15:50] did not tell anyone not to vac
[15:50] or to vac
[15:50] collect evidence from DVD bed...yes
[15:50] feldman wants to ask her about her potential visit to DWs house
[15:50] DA doesn't want that
[15:51] witness excused

[16:10] back to lifting fingerprints
[16:10] from front door? out of scope
[16:10] none from front door
[16:10] another forensic spec did from back door
[16:10] Feldman suggested she was being bullied by prosecution-
[16:11] did they raise their voice? How close were they to you
[16:11] did she treid to get prints from Dani's doorknob or around doorknob?
[16:11] Judge wouldn't allow that
[16:11] she's looking at copies of backs of her fingerprint cards
[16:11] more stuff feldman hasnt seen
[16:13] she attempted to raise and succeeded in rasing prints from Dani's door
[16:13] doorframe print
[16:13] exterior six inches above knob
[16:13] on trim of doorframe
[16:14] interior door above the knob--two there
[16:14] another interior door, below knob
[16:14] any other prints around the house?
[16:14] yes
[16:14] she got some from-->
[16:14] dresser next to Dani's bed
[16:14] stairwell banisters "some prints" from "various sections of the bannisters"
[16:15] she gathered prints on the fourth as well as second
[16:15] she got prints on the fourth from a cabinet near top of stairs
[16:15] cabinet tabletop
[16:16] also on another bedroom door (tarzan insignia on door) exterior door frame,
[16:16] latch side of door jam
[16:16] she has 28 pages of notes
[16:17] other notes
[16:17] there are 9 pages of notes regarding what she has spoken to so far, the rest related to other prints
[16:17] when did she lift the first prints? date and time?
[16:17] both labeled as defence exhibits
[16:18] she got some prints from DWs suv
[16:18] regarding hemostix test
[16:19] tests positive for variety of things, rust stain, flyspecks, anything with bloodlike elements
[16:19] stains in stairway collected by her
[16:19] also for beanbag--she collected the entire chair
[16:19] stain ON the beanbag
[16:19] stain on outside door near garage also collected
[16:20] vacuuming of stairway occured AFTER she was done collecting there
[16:20] feldman brings up that she discussed purpose of and definition of hemostix test
[16:20] any indication that the dog was bleeding? no
[16:21] so, the DA spoke to the witness during the break, regarding the limitations of hemostix test
[16:22] witness coming to stand
[16:22] the comment that she got prints from DWs car led to her quickly being done
[16:23] annette peer dna specialist
[16:23] SDPD, 19 yrs
[16:23] 16 years with forensic bio
[16:24] lab supervisor for a year
[16:24] serology--the science of biological fluids and stains
[16:24] blood testing
[16:24] 10 years as serologist
[16:25] became dna analyst in 1990
[16:25] she helped set up sdpd first dna lab
[16:25] in 1992
[16:26] lotsa training, fbi academy
[16:26] postgraduate study in biology
[16:27] she has testified as an expert in dna profiles about 25-40 times
[16:27] profiles including percentage matches and such
[16:27] she workd vandam case
[16:27] searched rv on three dates
[16:27] 2/5 2/6 2/8
[16:28] searched inside for bio evidence on 6th and 8th
[16:28] searching for bio materials
[16:28] on 6th rv was located at sdpd eastern division veh impound area
[16:29] results of search on feb 6th:
[16:29] searching for blood
[16:29] numerous reddish dark brown stains observed
[16:29] marked 19 areas for further testing
[16:29] examined each area with chemical test
[16:30] used phenophaline (sp) test
[16:30] of 19 stains, three gave positive results
[16:30] each area marked was tested
[16:30] theses stains packaged up and labeled appropriately
[16:30] near closet between door and bed was one stain
[16:31] numbering system determined numbering system later on with lealacala
[16:31] the stain eventually became #84
[16:32] the stain was impounded at sdpd for furhter analsys
[16:32] she conducted dna analysis on #84
[16:32] also conducted dna analysis on jacket stain #2
[16:33] she had custody of #84 all times
[16:33] description of pcr test
[16:33] strs
[16:33] pcr based technology
[16:33] molecular xeroxing of target areas of dna
[16:34] str technique used in other labs including fbi
[16:34] not just used by sdpd
[16:35] dna profiles obtained from 94d-2 and 84 for str
[16:35] also got known samples from parents and DW for comparison
[16:35] str=short term repeat
[16:35] a pair of underpants also
[16:35] collected from dani's bedroom
[16:36] she was able to gather dna profiles from undrwear
[16:36] and from parents mouth swabs
[16:37] stain from carpet and stain from hjacket from similar or highly likely similar source as underwear
[16:37] and also consistent with could be from "biological offspring" of parents
[16:39] what are chances of unrelated person having match?
[16:40] jacket: 1 in 25 quadrillion in caucasian population
[16:40] 1 and 15 zeroes
[16:40] for african american population: 1 in 340 qudrillion
[16:41] hispanic: 1 in 1.2 quintillion
[16:41] fewer genetic markers were recovered in the jacket stain than in the carpet stain
[16:41] carpet stain:
[16:41] repeating what msmichie said
[16:42] actually, fewer markers from carpet than from jacket
[16:42] carpet : caucasion 1 in 4.9 billion
[16:42] african american: 1 in 21 billion
[16:42] hispanic : 1 in 98 billion
[16:43] they have newer results for carpet stain which will make a match much rarer
[16:43] stain in RV from curtain, from corner of bedspread, floor outside of bathroom
[16:44] age of stain indeterminate
[16:44] from carpet sample
[16:44] one stain on curtain, one on corner of bedspread one on carpet between carpet and bathroom
[16:44] size 1/4" in diameter
[16:44] again feldman addresses who has access to evidence
[16:45] could it have been there a year?
[16:45] possible she said
[16:45] doesn't know how old
[16:45] could have been there a year
[16:45] possible? Yes
[16:45] she has notes! she reviewed them prior to testifying today
[16:45] more notes not provided to defence
[16:46] she has other notes that she didnt bring along
[16:46] in another folder which she did not consult prior to testimony
[16:46] three stains
[16:46] She has even more notes in another folder
[16:47] 1/4" carpet stain somehwat circular
[16:47] she has blood spatter training
[16:47] other stains:
[16:47] 1 on curtains on driver side front
[16:47] other on bedspread
[16:47] curtain stain size: (whips out huge folder of notes)
[16:48] she has training in spatters, but could not determine
[16:48] curtain stain size: smeared, approx 2 to 3 millimeters (from photographs)
[16:49] does DA have copies? No
[16:49] curtain stain on curtains front of rv front window drivers side
[16:50] curtain went from the front to the drivers side
[16:50] feldman will not attack these findings yet, so no furhter questions for her
[16:51] 3 mm = .1 inch
[16:51] witness excused
[16:52] lay print examiner
[16:52] on the stand
[16:53] description of fingerprint comparison process
[16:54] latent is invisiable or nearly invisible print
[16:55] finger print from cabinet on side of bed in motorhome being discussed
[16:55] he was proved 200 prints
[16:55] drivers side of the bed
[16:55] provided for comparison
[16:55] evidence #
[16:56] has known prints of 18 individuals
[16:56] hands mummified he took the hands to his office for attempt to rehydrate hands so he could gather prints
[16:56] dani's hands
[16:57] went to ME's office and collected prints
[16:57] too far mummified and took them with him
[16:58] rehydrated hands and compared print found in motor home with the print recovered from Dani
[16:58] so he was able to develop known prints from severed hands
[16:58] wood cabinet print was nade by Danielle Van Dam
[16:58] verified by second examiner
[16:58] no dissimilarities
[16:59] he is absolutely no doubt in his mind that Dani made those prints
[16:59] he is a ridgeologist not point counter
[17:00] not a point counter
[17:00] they are two different brands, methodology the same
[17:00] he didn't go to college for fingerprint analysys
[17:01] "absolute certainty" is subjective for point counters
[17:01] no published guidelines for ridgeology standards
[17:01] he particpates in internal prificiency studies
[17:01] which are provided by an external entity
[17:02] he has not taken any external test to become accredited in fingerprint analysis
[17:02] no
[17:02] he hasnt
[17:02] he has copy of latent card
[17:03] he reviewed his report prior to testify
[17:03] he took notes during analysis process
[17:03] extensively reviewed his notes over last two weeks
[17:03] the notes are entered into evidnece
[17:03] evidence
[17:04] discussing contents of his notes
[17:05] review fingerprint card (xerox) of dani's fingerprint
[17:05] orientation of print: as it appears on item, which way is up on the hand
[17:06] orientation of print from motorhome cabinent (did you see Titannic? that will give you the orientation)
[17:07] location on lower end of cabinet
[17:07] he didn't see print in life, saw photo and sketch
[17:07] 1.5 to 2 feet up from the bed
[17:08] as if someone was playing on the bed? objection susutained
[17:08] doesn't know age of print
[17:09] several prints: 2 to Danielle Van Dam simultaneous touch
[17:09] left middle and left ring
[17:09] two other individuals, two prints each
[17:09] these were in RV, window, bedroom area of RV
[17:10] yes in the RV
[17:10] other prints belonged to Danielle (girlfriend's kid)
[17:10] and another young girl--Jennifer
[17:10] finger prints in van dam house unidentified? objection sustained
[17:11] no way to age prints, could have been there a year
[17:11] witness has no idea
[17:11] Jennifer and his girlfriend's kid Danielle
[17:11] how long
[17:11] he cant say when the fingerprint was placed
[17:12] feldman done
[17:12] witness excused
[17:12] to the bench!
[17:12] that's probably it for today