Grand Jury Testimony

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              MR. HUM, YOU MAY CALL YOUR NEXT WITNESS.

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       MR. HUM:  CALL DETECTIVE JEFF LESLIE.

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              (PAUSE IN THE PROCEEDINGS.)

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              (THE WITNESS ENTERED THE GRAND JURY

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              HEARING ROOM.)

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       MS. PRIVER:  WALK TOWARDS THE WITNESS STAND.

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REMAIN STANDING.  RAISE YOUR RIGHT HAND FOR US.

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              FACE THE GENTLEMAN IN THE CENTER.

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                     JEFFREY LESLIE,

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CALLED AS A WITNESS BEFORE THE GRAND JURY OF THE COUNTY

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OF LOS ANGELES, WAS SWORN AND TESTIFIED AS FOLLOWS:

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       THE FOREPERSON:  DO YOU SOLEMNLY STATE THAT THE

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EVIDENCE YOU SHALL GIVE IN THIS MATTER NOW PENDING BEFORE

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THE GRAND JURY OF THE COUNTY OF LOS ANGELES SHALL BE THE

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TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH, SO

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HELP YOU GOD?

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       THE WITNESS:  YES, SIR; I DO.

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       MS. PRIVER:  PLEASE BE SEATED.

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              STATE AND SPELL YOUR FULL NAME FOR THE

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RECORD.

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       THE WITNESS:  JEFFREY LESLIE.  J-E-F-F-R-E-Y,

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L-E-S-L-I-E.

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       MS. PRIVER:  THANK YOU.

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              MR. HUM.

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       MR. HUM:  THANK YOU.

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                       EXAMINATION

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BY MR. HUM:

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       Q      GOOD AFTERNOON, DETECTIVE LESLIE.

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       A      GOOD AFTERNOON.

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       Q      DETECTIVE LESLIE, WHAT IS YOUR OCCUPATION

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AND ASSIGNMENT?

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       A      I AM A DEPUTY SHERIFF FOR THE COUNTY OF LOS

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ANGELES, CURRENTLY ASSIGNED TO DETECTIVE DIVISION,

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HOMICIDE BUREAU.

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       Q      AND WERE YOU SO EMPLOYED AND ASSIGNED ON

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WEDNESDAY, NOVEMBER 8TH OF 2000?

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       A      YES.

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       Q      HOW MANY YEARS HAVE YOU BEEN A POLICE

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OFFICER?

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       A      A LITTLE OVER 18.

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       Q      HAVE YOU HAD ANY TRAINING, EDUCATION AND

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EXPERIENCE FOR YOUR POSITION?

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       A      YES.

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       Q      CAN YOU PLEASE TELL US ABOUT THAT?

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       A      I HAVE ATTENDED --

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              AS FAR AS HOMICIDE?

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       Q      FIRST JUST AS A DEPUTY SHERIFF AND THEN AS

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A HOMICIDE INVESTIGATOR.

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       A      I ATTENDED AN 18-WEEK ACADEMY CLASS TO

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BECOME A DEPUTY SHERIFF, COUNTLESS HOURS OF FORMAL AND

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INFORMAL IN-HOUSE TRAINING IN DIFFERENT FIELDS,

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INTERVIEW, INTERROGATION, GANGS, NARCOTICS, UNDERCOVER

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OPERATIONS, SEARCH WARRANTS.

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              I ALSO ATTENDED AN 80-HOUR HOMICIDE SCHOOL

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JUST PRIOR TO COMING TO HOMICIDE AND ATTEND WEEKLY

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IN-HOUSE TRAINING AT HOMICIDE BUREAU, AND WAS ASSIGNED A

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TRAINING OFFICER FOR APPROXIMATELY ONE YEAR UPON BEING

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ASSIGNED TO SHERIFF'S HOMICIDE.

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       Q      AND HOW MANY --

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              HOW LONG HAVE YOU BEEN AT SHERIFF'S

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HOMICIDE?

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       A      GOING ON SIX YEARS NOW.

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       Q      DURING THE COURSE OF YOUR CAREER, CAN YOU

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TELL US APPROXIMATELY HOW MANY HOMICIDE INVESTIGATIONS

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YOU HAVE PARTICIPATED IN?

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       A      PROBABLY CLOSE TO 80, 85, MAYBE.

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       Q      BACK ON NOVEMBER 8TH OF 2000 DID YOU HAVE A

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PARTNER THAT YOU WORKED WITH AT HOMICIDE?

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       A      YES, I DID.

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       Q      AND WHAT WAS HIS NAME?

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       A      DETECTIVE DANNY SMITH.  D-A-N-N-Y,

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S-M-I-T-H.

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       Q      AND ON NOVEMBER 8TH OF 2000 WERE YOU AND

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YOUR PARTNER, DETECTIVE SMITH, ASSIGNED TO INVESTIGATE

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THE DEATH OF LAUREN KEY?

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       A      YES.

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       Q      AND DID YOU RECEIVE A CALL REGARDING THIS

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INVESTIGATION ABOUT 5:20 IN THE EVENING?

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       A      OUR DESK RECEIVED A CALL AT ABOUT THAT

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TIME, YES.

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       Q      THE DESK AT THE HOMICIDE DIVISION?

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       A      THAT'S CORRECT.

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       Q      AND THEN WERE YOU NOTIFIED?

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       A      YES.

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       Q      AND BASED ON THAT NOTIFICATION, DID YOU GO

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TO AN AREA NEAR INSPIRATION POINT IN THE COUNTY OF LOS

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ANGELES?

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       A      YES, WE DID.

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       Q      AND TELL US ABOUT APPROXIMATELY WHAT TIME

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YOU ARRIVED THERE.

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       A      WE ARRIVED THERE ABOUT 6:30 P.M.

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       Q      NOW, WHEN YOU ARRIVED AT THE LOCATION, WERE

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YOU DIRECTED TO AN AREA WHICH IS KNOWN AS THE ARCHERY

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RANGE?

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       A      YES, THE SOUTH BAY ARCHERY CLUB.  THAT'S

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CORRECT.

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       Q      WHEN YOU ARRIVED, DID YOU SPEAK WITH THE

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HANDLING UNIT, DEPUTIES GIRMES AND BROTHERS?

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       A      YES.

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       Q      DID THEY PROVIDE YOU WITH A BACKGROUND OF

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WHAT HAD OCCURRED --

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       A      YES.

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       Q      -- AND WHO THE VARIOUS PEOPLE WERE?

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       A      YES.

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       Q      DID THAT SUMMARY INCLUDE CAMERON BROWN'S

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VERSION OF HOW THINGS HAD HAPPENED?

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       A      BRIEFLY, YES.

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       Q      AND DID THEY ALSO ADVISE YOU OF SOME THINGS

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THAT THEY FOUND UNUSUAL?

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       A      YES.

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       Q      AFTER YOU SPOKE --

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              LET ME ASK YOU THIS:  ABOUT HOW LONG DID

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YOU SPEAK WITH DEPUTIES GIRMES AND BROTHERS?

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       A      FIFTEEN, 20 MINUTES.  I HAD ACTUALLY

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EXCUSED MYSELF FOR A PORTION OF IT; MY PARTNER CONTINUED

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TO SPEAK WITH THEM.

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       Q      AFTER SPEAKING WITH THE DEPUTIES, DID YOU

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CONTACT CAMERON BROWN?

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       A      YES, I DID.

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       Q      AND ASKING YOU TO JUST LOOK UP ON THE BOARD

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THERE, THE PERSON DEPICTED IN EXHIBIT NO. 2, IS THAT

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CAMERON BROWN, THE PERSON THAT YOU CONTACTED?

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       A      YES, SIR; IT IS.

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       Q      AND WHERE WERE YOU WHEN YOU FIRST HAD

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CONTACT WITH CAMERON BROWN?

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       A      AT THE ARCHERY RANGE.

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       Q      AND DID YOU SPEAK BRIEFLY WITH MR. BROWN?

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       A      YES, I DID.

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       Q      DO YOU RECALL THE SUBSTANCE OF THAT

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CONVERSATION?

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       A      IN ESSENCE, I HAD INTRODUCED MYSELF.  I HAD

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RELAYED TO HIM THAT I WAS ONE OF THE INVESTIGATORS THAT

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WOULD BE INVESTIGATING THE DEATH.  I EXPLAINED TO HIM

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THAT IT MAY BE SOME TIME, HOWEVER, MY PARTNER AND I

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WISHED TO SPEAK WITH HIM, AND ASKED HIM IF IT WOULD BE

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OKAY TO GET HIM TRANSPORTED AWAY FROM THE SCENE, OR THE

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LOCATION, AND BACK TO LOMITA SHERIFF'S STATION WHERE WE

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COULD SIT AND TALK.

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       Q      AND WHAT DID MR. BROWN SAY?

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       A      HE AGREED TO THAT.

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       Q      OKAY.  AND WAS MR. BROWN, IN FACT,

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TRANSPORTED TO LOMITA SHERIFF'S STATION?

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       A      YES, HE WAS.

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       Q      PRIOR TO MR. BROWN BEING TRANSPORTED TO

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LOMITA SHERIFF'S STATION, DID HE INDICATE ANY CONCERNS TO

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YOU THAT YOU FOUND TO BE UNUSUAL?

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       A      YES.

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       Q      CAN YOU EXPLAIN THAT TO US?

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       A      HE WAS VERY, VERY CONCERNED ABOUT BEING

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SEEN OR VIEWED BY THE MEDIA THAT HAD CONGREGATED UP ON

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PALOS VERDES DRIVE SOUTH.

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       Q      AND SPECIFICALLY HOW WAS -- HOW DID

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MR. BROWN GET FROM THE ARCHERY RANGE TO A CAR THAT COULD

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TAKE HIM TO LOMITA STATION?

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       A      HE WAS ACTUALLY DRIVEN IN A TAHOE, I

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BELIEVE, LIKE A LITTLE SUBURBAN OR TAHOE THAT ARE DRIVEN

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BY THE SERGEANTS, UP THE DIRT ROAD BACK UP TO PALOS

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VERDES DRIVE SOUTH, ALONG WITH MYSELF.

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       Q      AND DID YOU OBSERVE ANY UNUSUAL BEHAVIOR

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FROM MR. BROWN AS HE WAS BEING DRIVEN UP THIS DIRT ROAD

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BACK TO THE ROAD, PALOS VERDES DRIVE SOUTH?

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       A      YES, I DID.

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       Q      WHAT DID HE DO?

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       A      AS WE APPROACHED THE ROAD AND YOU COULD SEE

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THAT THERE WERE PEOPLE GATHERED, SPECIFICALLY MEDIA

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PEOPLE, HE HAD TAKEN A FLANNEL SHIRT OF HIS AND PLACED IT

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OVER HIS HEAD, PUT HIS HEAD DOWN AND KIND OF BUNCHED THE

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FRONT OF THE SHIRT UP, COVERING HIS FACE.

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       Q      IN THE CONTACT THAT YOU HAD WITH MR. BROWN

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BOTH AT THE ARCHERY RANGE, UNTIL HE WAS TRANSPORTED TO

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LOMITA STATION, CAN YOU DESCRIBE HIS DEMEANOR FOR US?

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       A      VERY UNEMOTIONAL, UNATTACHED.  JUST

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UNEMOTIONAL WOULD PROBABLY BEST DESCRIBE HIS DEMEANOR.

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       Q      AND WHAT WAS THE LENGTH OF CONTACT THAT YOU

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HAD WITH HIM UNTIL HE WAS TRANSPORTED TO LOMITA STATION?

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       A      I PROBABLY TALKED TO HIM THREE TO FIVE

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MINUTES AT BEST.

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       Q      DID YOU TAKE HIM TO LOMITA STATION, OR DID

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OTHER DEPUTIES DO THAT?

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       A      NO, OTHER DEPUTIES DID THAT.

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       Q      NOW, DETECTIVE LESLIE, I WANT TO TALK WITH

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YOU FOR A FEW MINUTES ABOUT THE AREA WHERE ALL OF THIS

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HAPPENED, AND SPECIFICALLY THE AREA OF RANCHO PALOS

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VERDES NEAR ABALONE COVE, PORTUGUESE POINT, INSPIRATION

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POINT, PORTUGUESE BEND.  FIRST, I JUST WANT TO USE A MAP,

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IF YOU WOULD STEP DOWN, PLEASE.

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              SHOWING YOU WHAT'S BEEN MARKED AS EXHIBIT

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NO. 4 -- LET'S MAKE SURE WE STAND OFF TO THE SIDE -- DO

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YOU RECOGNIZE THAT AS BEING A PORTION OF RANCHO PALOS

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VERDES THAT INCLUDES ABALONE COVE, PORTUGUESE POINT, WHAT

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IS KNOWN AS SACREDS COVE AND INSPIRATION POINT?

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       A      YES, I DO.

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       Q      NOW, ON THIS MAP, EXHIBIT NO. 4, WHAT

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DIRECTION WOULD BE NORTH?

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       A      IT IS A SOUTH-FACING BEACH IN THIS AREA, SO

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TOWARDS THE TOP OF THE DIAGRAM WOULD INDICATE NORTH.

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       Q      AND OFF TO THE LEFT OF THE DIAGRAM, WOULD

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THAT BE THE DIRECTION OF, SAY, HERMOSA BEACH AND REDONDO

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BEACH, MANHATTAN BEACH, THAT AREA?

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       A      YES.

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       Q      AND TO THE RIGHT OF THE MAP, WOULD THAT BE

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THE DIRECTION, SAY, OF L.A. HARBOR AND LONG BEACH?

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       A      LONG BEACH, SAN PEDRO, YES.

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       Q      NOW, BEGINNING AT THE LEFT-HAND PORTION OF

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THE DIAGRAM, FIRST OF ALL, THERE IS A STREET THAT IS

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LABELED PALOS VERDES DRIVE SOUTH; IS THAT CORRECT?

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       A      THAT'S CORRECT.  THIS IS PALOS VERDES DRIVE

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SOUTH, WHICH RUNS IN AN EAST/WEST DIRECTION.

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       Q      CAN YOU TELL US, FIRST OF ALL --

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              DESCRIBE THAT ROAD FOR US.

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       A      IT'S A WINDY, TWO-LANE HIGHWAY.  AGAIN, IT

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TRAVELS EAST/WEST, AND IT RUNS THROUGH AN AREA -- THIS

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AREA UP HERE (POINTING) LEADS TO RESIDENTIAL HOUSING

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COMPLEXES.  IT RUNS ABOVE BLUFFS OR CLIFFS, WHICH DOWN

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BELOW IS THE OCEAN, BELOW THE BLUFFS OR CLIFFS, AS YOU

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PASS GOING IN EITHER DIRECTION.

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       Q      SO IT IS BASICALLY UP ON THE TOP OF THE

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BLUFFS RATHER THAN DOWN AT OCEAN LEVEL?

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       A      YES, IT IS ABOVE THE OCEAN.

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       Q      AND LET'S SAY THAT WE ARE TRAVELING FROM

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THE AREA OF THE MANHATTAN BEACH DIRECTION TOWARDS THE

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LONG BEACH/SAN PEDRO DIRECTION.  THE FIRST AREA OF

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INTEREST TO YOU, WHAT WAS THAT?

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       A      THE FIRST AREA OF INTEREST TO US WAS IN

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THIS AREA RIGHT HERE (POINTING).  IT IS THE ABALONE COVE

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SHORELINE PARK AREA.

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       Q      AND THAT'S LABELED THAT WAY ON THE MAP?

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       A      THAT'S CORRECT.

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       Q      NOW, IS THERE A PARKING AREA THERE?

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       A      YES.

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       Q      CAN YOU DESCRIBE THAT FOR US?

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       A      THE PARKING AREA IS -- AS YOU COME INTO THE

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GATE, THERE IS A LITTLE, FOR LACK OF A BETTER WORD, SHACK

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OR BUILDING WHERE YOU CAN ACCESS THE PARKING LOT.  AND

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THEN THE PARKING LOT OPENS OUTWARD AND WEST.  AND IT IS A

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RATHER LARGE PARKING LOT; IT HAS SEVERAL PARKING SPACES

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AND A PAY TELEPHONE.  IT'S ALL WITHIN -- CONFINED WITHIN

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THIS AREA HERE (POINTING).  AND THEN SOUTH OF IT WOULD BE

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AN AREA WHICH WOULD LEAD DOWN TOWARDS THE BEACH.

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       Q      OKAY.  AND THE PARKING LOT ITSELF, IS THAT

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DOWN AGAIN AT BEACH LEVEL, OR IS THAT STILL UP ON THE TOP

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OF THE BLUFF?

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       A      IT IS STILL HIGHER ABOVE.

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       Q      AND IS THERE ONLY A SINGLE ENTRANCE THAT

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YOU GO BY THE SHACK THAT IS LIKE A TICKET BOOTH?

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       A      SINGLE ENTRANCE AND EXIT, YES.

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       Q      NOW, LEAVING FROM THE PARKING LOT AT

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ABALONE COVE, ARE THERE ANY TRAILS THAT LEAD DOWN TO THE

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BEACH?

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       A      YES, THERE ARE.

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       Q      AND WOULD THOSE TRAILS BASICALLY WIND DOWN

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THE CLIFFS OR THE BLUFFS?

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       A      THERE IS A TRAIL AS YOU PROCEED IN A

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WESTERLY DIRECTION THROUGH THE PARKING LOT.  IT TURNS

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INTO A DIRT/GRASS AREA WHICH LEADS TO A TRAIL AT THE END

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OF WHAT WOULD BE CONSIDERED THE SHORELINE PARK AREA.  AND

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THEN THERE IS A RATHER STEEP, WINDY TRAIL THAT LEADS DOWN

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TO A BEACH AND SCHOOL AREA.

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       Q      NOW, THIS BEACH AND SCHOOL AREA, WHAT TYPE

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OF SCHOOL AREA IS THAT?

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       A      IT'S A PRIVATE PRESCHOOL THAT HAS A SMALL

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PLAYGROUND AREA.  IT IS SITUATED DIRECTLY ON THE BEACH,

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MAYBE 30 YARDS, 40 YARDS FROM THE OCEAN AND BEACHFRONT.

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       Q      IS THERE ANY OTHER WAY TO ACCESS THIS

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PRESCHOOL AREA OTHER THAN GOING DOWN THIS TRAIL THAT YOU

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DESCRIBED FROM THE ABALONE COVE PARKING LOT?

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       A      THERE IS ONE ADDITIONAL WAY TO ACCESS THE

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PRESCHOOL.  IT'S A WINDY, PAVED ROAD THAT KIND OF CURVES

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AROUND FROM PALOS VERDES DRIVE SOUTH DOWN TOWARDS THE

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BEACH.  HOWEVER, IT'S LOCKED IF THE SCHOOL IS NOT OPEN OR

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DURING NORMAL SCHOOL HOURS.

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       Q      AND CAN YOU ACCESS THIS WINDY --

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              THIS PAVED ROAD THAT YOU HAVE DESCRIBED FOR

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US, CAN YOU ACCESS THAT FROM THE PARKING LOT AT ABALONE

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COVE?

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       A      NO, YOU CANNOT.

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       Q      YOU WOULD HAVE TO COME OFF OF PALOS VERDES

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DRIVE SOUTH TO GET ONTO THE ACTUAL ROAD THAT GOES DOWN

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THERE?

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       A      THAT'S CORRECT, YES.

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       Q      IN ORDER TO GET DOWN FROM THE ABALONE COVE

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PARKING LOT, YOU WOULD HAVE TO TAKE THIS DIRT TRAIL THAT

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YOU HAVE DESCRIBED FOR US?

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       A      YES.

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       Q      AND THEN IF YOU WERE TO LEAVE THIS BEACH

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AND PARKING LOT -- I'M SORRY, THIS BEACH AND PLAYGROUND

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AREA AND TRAVEL AWAY FROM THE ABALONE COVE PARKING LOT,

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HOW WOULD YOU DO THAT?  WHAT WOULD WE RUN INTO?  WHAT

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WOULD WE FIND?

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       A      LEAVING THE PRESCHOOL AREA?

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       Q      YES.

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       A      ONCE YOU LEAVE THE PRESCHOOL AREA, YOU WALK

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A SHORT PERIOD ALONG THE BEACH.  IT'S KIND OF A DEEP,

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SANDY BEACH; AND THERE'S -- IT'S NOT REAL WIDE.  THERE IS

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A HILL ON ONE SIDE AND THEN THE OCEAN ON THE OTHER.  IT

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IS KIND OF JUST A SHORT BEACH WALK WITHIN THAT AREA.

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       Q      AND THEN IF WE CONTINUED AWAY FROM THE

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PARKING LOT, WHAT WOULD WE ENCOUNTER?

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       A      THERE'S TRAILS THAT THEN BEGIN TO STEM OFF

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FROM THAT SHORT AREA OF THE BEACH WHERE YOU WOULD WALK,

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AND THEY AGAIN GO UP SOME INCLINES, ACTUALLY SOME VERY

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STEEP INCLINES, AND WIND UP AND AROUND THROUGH THE HILLS

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WHICH SIT ABOVE THE OCEAN AND WOULD TAKE YOU IN A

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WESTERLY DIRECTION.

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       Q      SO THE ONLY WAY, BASICALLY, TO GET OUT FROM

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THE BEACH, YOU HAVE TO GO UP; IS THAT CORRECT?

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       A      THAT'S CORRECT, YES.

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       Q      YOU CAN'T JUST KEEP WALKING ALONG THE

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BEACH?

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       A      NO.

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       Q      AND IF YOU WERE TO TAKE ANY ONE OF THESE

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TRAILS AND CONTINUE AWAY FROM THE PARKING LOT AT ABALONE

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COVE, WHAT'S THE NEXT THING OF SIGNIFICANCE THAT YOU

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WOULD ENCOUNTER?

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       A      WELL, THE NEXT THING THAT YOU ENCOUNTER,

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THE TRAILS GO IN ALL DIFFERENT WHICH WAYS.  THERE IS A

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PORTION WHERE IT DROPS BACK DOWN ONTO THE BEACH THAT'S

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VERY, VERY TIGHT AND NARROW.  IT'S ALMOST AS IF IT'S A

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GULLY FROM RUNOFF OR WATER, RAIN RUNOFF.  DESCENDING

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THAT, YOU GO BACK DOWN TO THE BEACH LEVEL WHICH IS, FOR

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SOME DISTANCE, LOOSE SHALE ROCKS, WHICH ARE VERY

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DIFFICULT TO TRAVERSE.  BUT YOU CAN ACTUALLY WALK ONCE

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AGAIN ALONG THE BEACH IN THAT AREA.

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       Q      ARE THERE ALSO TRAILS THAT YOU CAN TAKE

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THAT ARE FURTHER UP INTO THE HILLS MOVING AWAY FROM THE

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ABALONE COVE PARKING LOT?

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       A      THERE ARE ADDITIONAL TRAILS, YES, SEVERAL

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OF WHICH, THOUGH, END AND BECOME VERY, VERY STEEP OR

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WOULD TAKE YOU BACK OUT TO PALOS VERDES DRIVE SOUTH.

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       Q      AND WHAT'S THE NEXT AREA OF SIGNIFICANCE

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THAT YOU WOULD COME TO AFTER YOU ARE TRAVELING AWAY FROM

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THE ABALONE COVE PARKING LOT?

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       A      THE NEXT AREA OF SIGNIFICANCE IS THIS

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PORTION HERE THAT I'M CIRCLING ON THE DIAGRAM OR THE MAP.

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IT'S THE LARGER POINT, IF YOU WILL, THAT IS PROTRUDING

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INTO THE PACIFIC OCEAN SOUTH.  THIS IS A LARGE, FLAT AREA

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THAT IS CALLED PORTUGUESE POINT.  AND THIS AREA IS

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ACTUALLY ACCESSED BY, AGAIN, A WINDY -- IT IS A RATHER

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WIDE DIRT ROAD, VERY, VERY STEEP THAT YOU CAN ACCESS FROM

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THE BEACH TO THE TOP OF THIS HILL.  AND THIS PARTICULAR

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POINT HAS A FENCE LINE WHICH SURROUNDS IT ON THE THREE

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SIDES -- OR ON ITS THREE SIDES AND HAS WARNING SIGNS

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PLACED SPORADICALLY NOT TO CROSS OVER THE FENCE OR TO GO

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PAST THAT POINT.

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       Q      AND DESCRIBE THE SIZE OF PORTUGUESE POINT

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FOR US.

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       A      I WOULD ROUGHLY SAY IN GENERAL TERMS THE

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SIZE OF THIS IS PROBABLY A LARGE FOOTBALL FIELD OR A

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FOOTBALL FIELD AND TRACK CONTAINED WITHIN A LARGE

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STADIUM.  IT'S RATHER WIDE AND FLAT.

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       Q      THE AREA OF PORTUGUESE POINT, IS THAT A

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FLAT AREA?

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       A      THE TOP OF PORTUGUESE POINT, YES, IS A

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VERY, VERY FLAT AREA.  THERE IS ACTUALLY A ROAD THAT

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CIRCLES AROUND ITS ENTIRETY ON THE THREE SIDES THAT YOU

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CAN WALK.

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       Q      NOW, CAN YOU ACCESS PORTUGUESE POINT BY A

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ROAD FROM PALOS VERDES DRIVE SOUTH?

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       A      YES, YOU CAN.

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       Q      AND YOU DESCRIBED -- YOU SAID THERE WAS A

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ROAD THAT ACTUALLY GOES AROUND THE ENTIRETY OF IT THAT

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YOU CAN WALK ALONG; IS THAT CORRECT?

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       A      YES.

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       Q      HAVE YOU ACTUALLY SEEN VEHICLES DRIVING ON

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THAT ROAD?  I MEAN IS IT WIDE ENOUGH FOR THAT?

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       A      OH, IT IS DEFINITELY WIDE ENOUGH; AND YES,

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I HAVE SEEN VEHICLES THAT ARE ALLOWED TO BE THERE,

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LIFEGUARD VEHICLES AND SUCH, DRIVING ON THAT ROAD.

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       Q      OKAY.  AND THE AREA IT SOUNDS LIKE YOU ARE

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DESCRIBING IS FAIRLY LARGE; IS THAT CORRECT?

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       A      YES.

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       Q      AND, IN FACT, AT SOME POINT WHEN YOU WENT

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OUT THERE WAS THERE SOME TYPE OF A MOVIE SET BEING BUILT

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THERE?

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       A      YES, THAT'S CORRECT.

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       Q      AND WHAT WAS THAT?

7

       A      THEY HAD ACTUALLY BUILT A HOUSE AT THE END

8

OF THE POINT, WHICH WAS A RATHER LARGE HOUSE.  IT WAS

9

BUILT FOR SOME TYPE OF MOVIE.  I DON'T KNOW WHAT IT WAS.

10

BUT IT HARDLY TOOK UP ANY OF THE CLIFF, IT'S THAT WIDE.

11

IT IS VERY, VERY LARGE.

12

       Q      AND ON OCCASION WHEN YOU HAVE BEEN OUT

13

THERE, HAVE YOU SEEN INDIVIDUALS OUT THERE JUST WALKING

14

IN THAT AREA INSIDE THE FENCE LINE, LOOKING OUT OVER THE

15

OCEAN?

16

       A      YES, ON SEVERAL OCCASIONS.

17

       Q      NOW, IF YOU WERE TO LEAVE PORTUGUESE POINT

18

AND CONTINUE AWAY FROM ABALONE COVE, HOW WOULD YOU HAVE

19

TO GO TO CONTINUE?

20

       A      THERE IS ACTUALLY TWO WAYS THAT YOU CAN GO

21

THAT I HAVE FOUND IN BEING OUT THERE, AND I HAVE DONE THE

22

ROUTE SEVERAL TIMES.  ONE, AND THE SIMPLEST WAY, WOULD BE

23

TO GO BACK VIA THE PAVED ROAD, GO BACK TO PALOS VERDES

24

DRIVE SOUTH AND CONTINUE WEST.  THE OTHER CAN BE DONE --

25

IT'S VERY, VERY DIFFICULT, BUT YOU ACTUALLY GO UNDER THE

26

FENCE LINE AT THIS NORTHEAST PORTION AND CONTINUE DOWN A

27

TRAIL.  THERE IS A TRAIL THAT TAKES YOU TO A VERY, VERY

28

NARROW BRIDGE THAT'S PROBABLY A FOOT OR SO WIDE, AND IT

148

1

HAS ABOUT A 40-FOOT DROPOFF ON YOUR RIGHT-HAND SIDE AND

2

THEN GOES UNDERNEATH THIS LITTLE BRIDGE FOR RAIN WATER

3

AND RUNOFF.  AND IF YOU CROSS THAT -- IT'S PROBABLY 20,

4

30 FEET -- YOU CAN CONTINUE TO TAKE TRAILS WHICH WOULD

5

LEAD YOU TO A PATHWAY THAT RUNS ADJACENT TO PALOS VERDES

6

DRIVE SOUTH.

7

       Q      AS YOU ARE TRAVELING AWAY FROM ABALONE COVE

8

IN THE DIRECTION THAT WE HAVE BEEN TALKING ABOUT, ARE YOU

9

ACTUALLY TRAVELING TO THE EAST OR TO THE WEST?

10

       A      I'M SORRY, TO THE EAST.

11

       Q      SO THE RIGHT OF THE DIAGRAM IS TO THE EAST?

12

       A      YES, THAT'S CORRECT.

13

       Q      NOW, WHAT'S THE NEXT AREA BEYOND PORTUGUESE

14

POINT, IF YOU ARE TRAVELING AWAY FROM ABALONE COVE OR TO

15

THE EAST -- WHAT'S THE NEXT AREA OF SIGNIFICANCE?

16

       A      THE NEXT AREA OF SIGNIFICANCE WOULD BE THIS

17

POINT (POINTING), OR LITTLE FINGER HERE ON THE DIAGRAM.

18

AGAIN THAT PROTRUDES SOUTH INTO THE PACIFIC OCEAN --

19

              I'M SORRY, LET ME GO BACK.  THIS IS

20

ACTUALLY INSPIRATION POINT, THIS AREA HERE (POINTING),

21

CONTAINED WITHIN PORTUGUESE POINT, WHICH I JUST SPOKE

22

ABOUT.  AND INSPIRATION POINT IS THIS AREA HERE.  IT'S A

23

LITTLE BAY AREA OR COVE, AND IT'S ACTUALLY -- THE NAME OF

24

IT IS SACREDS COVE, IS THE OFFICIAL NAME; HOWEVER, IT'S

25

MORE COMMONLY REFERRED TO AS THE, QUOTE/UNQUOTE, NUDE

26

BEACH.  IT IS HEAVILY FREQUENTED BY NUDE SUNBATHERS

27

DURING THE SUMMER AND SPRING.

28

       Q      AND YOU TALKED ABOUT THE FACT THAT IN ORDER

149

1

TO GET FROM PORTUGUESE POINT, CONTINUE TO THE RIGHT OF

2

THE DIAGRAM OR TO THE RIGHT OF THE MAP, OR TO THE EAST,

3

YOU WOULD EITHER HAVE TO GO BACK TO PALOS VERDES DRIVE

4

SOUTH OR TAKE THIS NARROW LITTLE BRIDGE, CORRECT?

5

       A      YEAH.  IT IS NOT NECESSARILY A BRIDGE; BUT,

6

YEAH, IT'S A LITTLE PATHWAY, A BLOCK PATHWAY.

7

       Q      SOMETHING LIKE CONCRETE, JUST LIKE A PATH

8

THAT GOES ACROSS THE WASH AREA THERE?

9

       A      THAT'S CORRECT.

10

       Q      OKAY.  AND IF YOU DID THAT, WHERE WOULD YOU

11

GO IN ORDER TO GET DOWN TO THE NUDE BEACH?

12

       A      THERE IS A TRAIL THAT RUNS ADJACENT TO

13

PALOS VERDES DRIVE SOUTH, AND AT ONE POINT IT BREAKS OFF,

14

AND THERE IS A COUPLE OF STEMS OF THIS LITTLE TRAIL, BUT

15

IT WILL TAKE YOU TO A PATHWAY, A RATHER STEEP DECLINE

16

DOWN TOWARDS SACREDS COVE, OR THE SUNBATHING BEACH HERE

17

(POINTING).  AND IT OPENS UP AND THERE IS A SMALL BEACH,

18

SANDY BEACH AREA, ON THE EAST SIDE OF THE COVE HERE.

19

       Q      OKAY.  AND THAT SANDY BEACH AREA WOULD BE

20

JUST ADJACENT TO INSPIRATION POINT?

21

       A      YES.  HOWEVER, IT ONLY GOES SO FAR, NOT

22

QUITE TO THE END OF THE POINT WHERE THE SAND ENDS; AND IT

23

ACTUALLY BECOMES LIKE ROCK OR TIDE POOLS THAT RUN

24

ADJACENT TO OR BELOW -- DIRECTLY BELOW INSPIRATION POINT.

25

       Q      AND IF YOU WANTED TO GET ONTO INSPIRATION

26

POINT NOW, HOW WOULD YOU DO THAT?  FIRST OF ALL, HOW

27

WOULD YOU DO THAT FROM THE NUDE BEACH; OR ARE THERE ANY

28

OTHER WAYS TO GET THERE FROM THAT SIDE?

150

1

       A      YOU CAN ACTUALLY ACCESS IT FROM THE NUDE

2

BEACH, BUT YOU HAVE TO REGRESS BACK TOWARDS PALOS VERDES

3

DRIVE SOUTH, BACK UP THE TRAIL THAT I TALKED OF THAT GOES

4

TOWARDS PALOS VERDES DRIVE SOUTH; AND THEN IT BRANCHES

5

OFF OR STEMS IN TWO OR THREE DIFFERENT DIRECTIONS, WHERE

6

YOU CAN ACTUALLY WALK UP TO INSPIRATION POINT.  AND THERE

7

IS A MAIN TRAIL WHICH YOU CAN ALSO ACCESS FROM PALOS

8

VERDES DRIVE SOUTH THAT WILL TAKE YOU OUT ONTO THE POINT.

9

       Q      OKAY.  NOW, THESE TRAILS THAT GO UP FROM

10

THE NUDE BEACH, ARE THEY STEEP, NARROW TRAILS?  ARE THEY

11

WIDE PATHS, OR WHAT ARE THEY?

12

       A      NO, VERY STEEP, VERY NARROW TRAILS.  A

13

COUPLE OF THEM VARY IN DIFFICULTY; HOWEVER, YOU ARE

14

ALMOST -- I WOULDN'T SAY ON ALL FOURS, BUT AT POINTS YOU

15

ARE REACHING OUT AND TOUCHING THE GROUND IN FRONT OF YOU

16

TO KEEP YOUR FOOTING.

17

       Q      NOW, YOU SAID THERE IS ALSO A WAY TO ACCESS

18

INSPIRATION POINT FROM PALOS VERDES DRIVE SOUTH; IS THAT

19

CORRECT?

20

       A      YES.

21

       Q      HOW DO YOU DO THAT?

22

       A      AGAIN, THERE'S A TRAIL.  YOU DROP DOWN ON

23

THIS WALKWAY THAT RUNS ADJACENT TO PALOS VERDES DRIVE

24

SOUTH, AND THEN THERE IS A SMALL TRAIL THAT KIND OF DROPS

25

DOWN AND THEN AGAIN COMES BACK UP, WHICH IS A COUPLE,

26

THREE, FOUR FEET WIDE, WHERE YOU CAN ACTUALLY BEGIN TO

27

WALK TOWARDS THE END OF THE POINT.

28

       Q      AND DESCRIBE FOR US WALKING ON THIS PATH

151

1

TOWARDS THE END OF INSPIRATION POINT.  DESCRIBE WHAT WE

2

WOULD SEE.

3

       A      AS YOU WALK FROM PALOS VERDES DRIVE SOUTH,

4

IT REALLY ISN'T -- DOESN'T SEEM THAT DIFFICULT OR SCARY,

5

IF YOU WILL.  YOU WALK THIS PATH, AND AGAIN IT KIND OF

6

DROPS DOWN AND THEN COMES BACK UP AS YOU ENTER THE POINT

7

ITSELF.  AND THEN IT TAKES YOU -- THE TRAIL KIND OF

8

NARROWS AND YOU GO THROUGH SOME BUSHES ON ONE SIDE -- ON

9

EACH SIDE OF YOU THAT ARE PROBABLY JUST ABOUT SHOULDER

10

WIDTH.

11

              THE TRAIL NATURALLY, AS YOU WALK, TAKES YOU

12

TO YOUR LEFT, WHICH WOULD BE IN THIS AREA OVER HERE

13

(POINTING).  AND AS YOU COME OUT OF THE BUSHES, THERE'S A

14

PORTION WHERE YOU'RE STANDING PRETTY MUCH -- IF YOU LOOK

15

OVER YOUR LEFT SHOULDER, YOU ARE LOOKING STRAIGHT DOWN

16

INTO THE OCEAN.  AND THAT CONTINUES FOR SOME TIME ON THIS

17

EAST PORTION OF INSPIRATION POINT.  THE TRAIL ONLY ALLOWS

18

YOU SO MUCH ROOM BECAUSE THERE'S BUSHES ON ONE SIDE, AND

19

THEN THERE IS A STRAIGHT DROP INTO THE OCEAN ON THE OTHER

20

SIDE.  AS YOU CONTINUE, THE PATH CURVES ONCE AGAIN AS

21

INSPIRATION POINT -- OR THE POINT ITSELF WIDENS.

22

              AND I SHOULD BACK UP JUST A LITTLE BIT.  IN

23

THAT AREA WHERE YOU WALK THROUGH THE BUSHES AND YOU COME

24

OUT, IT IS VERY, VERY NARROW, COMPLETELY UNLIKE

25

PORTUGUESE POINT OVER HERE.  BUT AS YOU WALK FROM THE

26

NARROW PART AND YOU CONTINUE TOWARDS THE OCEAN, IT WIDENS

27

AND THE TRAIL NATURALLY TAKES YOU TO THE RIGHT, OR THE

28

WEST SIDE OF THE POINT ITSELF.  AND YOU CONTINUE TO WALK

152

1

ALONG THE END WHERE, AGAIN, THERE IS A DROPOFF ON YOUR

2

RIGHT SIDE AND THEN A DROPOFF ON THE OTHER SIDE.  AND THE

3

TRAIL TAKES YOU BASICALLY TO ABOUT HERE (POINTING), WHICH

4

WOULD BE THE SOUTHWEST PORTION, WHICH IS THE WAY THE

5

TRAIL GOES; AND THEN AGAIN IT CURVES BACK AROUND AND THE

6

TRAIL CONTINUES, HOWEVER, NOT SO HEAVILY TROD.  YOU DON'T

7

NOTICE THAT THE TRAIL GOES BOTH WAYS UNTIL YOU ARE

8

ACTUALLY COMING BACK; THEN YOU CAN SEE THAT IT ACTUALLY

9

MAKES SOMEWHAT OF A LOOP.

10

       Q      NOW, IS INSPIRATION POINT FENCED?

11

       A      NO, THERE IS NO -- AT THE TIME THERE WAS

12

ABSOLUTELY NO FENCING WHATSOEVER.  AND THERE STILL IS NO

13

FENCING IN THIS PORTION OF THE CLIFF AT ALL (POINTING).

14

       Q      AND WHEN YOU SAY "THIS PORTION," YOU ARE

15

TALKING ABOUT THE PORTION DOWN TOWARDS THE OCEAN END OF

16

IT, CORRECT?

17

       A      YES, THAT'S CORRECT.

18

       Q      NOW, LET'S SAY THAT I'M STANDING ON

19

INSPIRATION POINT LOOKING OUT TOWARDS THE OCEAN.  WHAT

20

WOULD BE TO MY RIGHT THAT WE HAVE TALKED ABOUT?

21

       A      IF YOU'RE STANDING LOOKING OUT TOWARDS THE

22

OCEAN, ON YOUR RIGHT WOULD BE WHAT I REFERRED TO AS THE

23

NUDE BEACH, SACREDS COVE AND PORTUGUESE POINT.

24

       Q      AND WHAT WOULD BE TO MY LEFT?

25

       A      TO YOUR LEFT WOULD BASICALLY BE OCEAN;

26

HOWEVER, BACK INLAND IS THE ARCHERY RANGE, THE SOUTH BAY

27

ARCHERY CLUB, AND THEN THIS AREA WHICH IS REFERRED TO AS

28

PORTUGUESE BEND.

153

1

       Q      HANG ON FOR JUST ONE MINUTE.

2

              (PAUSE.)

3

              DETECTIVE, ASKING YOU TO LOOK NOW AT WHAT'S

4

BEEN MARKED EXHIBIT NO. 6, DO YOU RECOGNIZE THE AREAS

5

SHOWN IN PHOTOS A THROUGH F?

6

       A      YES, I DO.

7

       Q      AND IS THAT PORTIONS OF THE AREAS THAT YOU

8

HAVE JUST BEEN DESCRIBING FOR US?

9

       A      YES, IT IS.

10

       Q      IF YOU COULD JUST START WITH PHOTO A AND

11

TELL US WHAT WE SEE IN EACH PHOTOGRAPH, AND DESCRIBE THE

12

AREA THAT YOU ARE POINTING TO AND THE LETTER OF EACH

13

PHOTOGRAPH THAT YOU ARE TALKING ABOUT.

14

       A      THE PHOTOGRAPH DESIGNATED WITH THE LETTER A

15

IS ACTUALLY AN AERIAL PHOTOGRAPH THAT IS TAKEN LOOKING IN

16

A GENERALLY NORTHEAST -- OR MORE OF AN EASTERLY

17

DIRECTION, BUT SOMEWHAT NORTH.  THE BOTTOM PORTION, OR

18

THE BOTTOM LAND MASS IN THIS PHOTOGRAPH, THIS IS ACTUALLY

19

PORTUGUESE POINT; AND YOU CAN SEE THE ROAD THAT I SPOKE

20

OF THAT MAKES A LOOP ALONG THE POINT.  YOU CAN SOMEWHAT

21

SEE THE AREA WHICH WOULD BE ONE OF THE ROUTES TO GO IF

22

YOU DUCKED UNDERNEATH THE FENCE AND CONTINUED DOWN THAT

23

VERY SMALL PATHWAY OR PASSAGEWAY OR BRIDGE.  THIS ALSO

24

SHOWS SACREDS COVE TO THE EAST OF PORTUGUESE POINT AND

25

THE BEACH AREA WHICH RUNS ON THE WEST SIDE OF INSPIRATION

26

POINT, AS WELL AS THE ROCKS OR TIDE POOLS THAT SIT BELOW

27

THE POINT AT ITS END WHICH GOES INTO THE OCEAN.

28

       Q      AND WHAT DO WE SEE IN PHOTOGRAPH B?

154

1

       A      PHOTOGRAPH B IS ACTUALLY -- ONCE AGAIN IT'S

2

AN AERIAL PHOTOGRAPH TAKEN FROM A HELICOPTER.  THIS IS

3

ACTUALLY A CLOSER VIEW OF INSPIRATION POINT ITSELF.  IT

4

SHOWS THE TRAIL OR PATHWAY THAT I SPOKE OF THAT

5

NATURALLY, AS YOU WALK IT, TAKES YOU TO THE RIGHT OF THE

6

POINT ITSELF AND THEN COMES BACK DOWN.  IT ALSO SHOWS TWO

7

INLETS OR COVES OF WATER AT THE BASE OF THE POINT, ALONG

8

WITH A PORTION OF THE ROCKS OR TIDE POOLS THAT SIT AT THE

9

BOTTOM OF THE PHOTOGRAPH AND AROUND TO THE RIGHT SIDE OF

10

THE PHOTOGRAPH AND CONTINUES TOWARDS A SANDY BEACH AREA.

11

IT ALSO DEPICTS A TRAIL WHICH IS ACTUALLY THE TRAIL THAT

12

GOES TO THE ARCHERY RANGE WHICH IS SITUATED INLAND ON THE

13

EAST SIDE OF THE POINT.

14

       Q      AND IN PHOTOGRAPH B CAN YOU SEE THE

15

SUNBATHING AREA, OR THE NUDE BEACH?

16

       A      YES, IT'S SITUATED PRETTY MUCH IN THE SHADE

17

HERE AT THE TOP LEFT-HAND PORTION, KIND OF TUCKED IN

18

HERE.  THERE IS SOME SANDY AREA, AND THAT'S WHERE THE

19

NUDE SUNBATHERS FREQUENT.

20

       Q      I WANT TO JUMP AHEAD FOR A MINUTE JUST FOR

21

A COUPLE OF QUESTIONS.

22

              AT SOME POINT ON NOVEMBER 10TH DID YOU GO

23

OUT TO INSPIRATION POINT WITH DEPUTY DALE FALICON AND

24

HAVE HIM DOCUMENT SOME DEPRESSIONS THAT APPEARED TO BE

25

FOOTPRINTS?

26

       A      YES, I DID.

27

       Q      DO YOU SEE ON PHOTOGRAPH B THE AREA WHERE

28

HE WAS WHEN HE WAS DOCUMENTING THESE?

155

1

       A      YES.  THE PHOTOGRAPH -- I'M SORRY.  THE

2

SHOE IMPRESSIONS OR DIRT IMPRESSIONS WERE NOTED HERE

3

(POINTING) ON THE BOTTOM RIGHT-HAND SIDE OF THE POINT,

4

AND GENERALLY IN THE AREA RUNNING IN A SEMI-ARC JUST TO

5

THE LEFT OF THIS WASHED-OUT AREA WHICH APPEARS LIKE A

6

LITTLE TRAIL OR WHERE RAIN OR RUNOFF WOULD COME DOWN THE

7

POINT ITSELF.  BUT IT IS GENERALLY IN THIS AREA HERE

8

(POINTING).

9

       Q      AND SO AS WE ARE LOOKING AT THE PHOTOGRAPH,

10

IT'S ACTUALLY ON THE RIGHT SIDE OF THE POINT IF WE'RE

11

LOOKING AT THE PHOTOGRAPH FROM THE OCEAN, CORRECT?

12

       A      YES, THAT'S ABSOLUTELY CORRECT.  IT'S ON

13

THE FAR RIGHT SIDE OF THE POINT ITSELF.

14

       Q      NOW, IF I'M STANDING ON INSPIRATION POINT

15

LOOKING OUT TOWARDS THE OCEAN, IT WOULD BE ON WHICH SIDE

16

OF ME?

17

       A      IT WOULD BE ON YOUR LEFT.

18

       Q      OKAY.  ON THE FAR FORWARD LEFT-HAND

19

PORTION; IS THAT CORRECT?

20

       A      THAT'S ACCURATE, YES.

21

       Q      AND PHOTO C, WHAT ARE WE LOOKING AT HERE?

22

       A      PHOTOGRAPH C ONCE AGAIN IS A CLOSER VIEW OR

23

A CLOSER AERIAL VIEW.  IT'S MORE LEVEL WITH INSPIRATION

24

POINT TO KIND OF GET AN IDEA OF THE CONTOUR OF THE CLIFF

25

ITSELF.  IT SHOWS THE COVE OR INLET.  IT SHOWS THE ROCKS.

26

IT ALSO SHOWS -- THERE IS SOME ORANGE MARKINGS AT THE

27

BOTTOM OF THE PHOTOGRAPH WHERE MY PARTNER AND I USED

28

ORANGE SPRAY PAINT TO DESIGNATE LARGE ORANGE NUMBERS SO

156

1

WE WOULD HAVE A REFERENCE AS TO WHERE CERTAIN ITEMS OF

2

EVIDENCE WERE RECOVERED.

3

              IT SHOWS THIS SLOPE AT THE -- IF YOU ARE

4

STANDING AT THE EDGE OF THE CLIFF AS YOU DESCRIBED, IT

5

WOULD BE ON YOUR LEFT.  THERE IS THE DECLINE OR SLOPE AT

6

ITS EASTERN POINT, SOUTHEASTERN POINT (POINTING).  AND

7

THERE ARE TWO EMERGENCY SERVICES DETAIL PERSONNEL

8

STANDING ATOP THE CLIFF WHO ASSISTED, FOR SAFETY REASONS,

9

THE COLLECTION OF THAT EVIDENCE.

10

       Q      AND PHOTOGRAPH D, WHAT DO WE SEE THERE?

11

       A      PHOTOGRAPH D ONCE AGAIN IS OF INSPIRATION

12

POINT.  IT'S AGAIN AN AERIAL PHOTOGRAPH.  IT'S TAKEN A

13

LITTLE BIT FURTHER OUT.  THIS ACTUALLY SHOWS TWO COVES,

14

TWO INLETS, BODIES OF WATER THAT GO INTO AND UNDERNEATH

15

INSPIRATION POINT.  AND THIS PHOTOGRAPH ALSO ALLOWS YOU

16

TO SEE THE ROCKY TIDE POOL AREA WHICH LEADS, GOING

17

INLAND, TOWARDS A SANDY BEACH AREA.  AND IF YOU LOOK IN

18

THIS PORTION OF THE PHOTOGRAPH (POINTING), THE UPPER

19

RIGHT-HAND PORTION OF THE PHOTOGRAPH SHOWS THE SOUTH BAY

20

ARCHERY CLUB AND THE TRAIL THAT LEADS TO THE BEACH FROM

21

THERE.

22

       Q      AND WHAT ARE WE LOOKING AT IN PHOTOGRAPH E?

23

       A      PHOTOGRAPH E IS ONCE AGAIN AN AERIAL

24

PHOTOGRAPH OF INSPIRATION POINT.  IT SHOWS THE SLOPE

25

WHERE THE SHOE IMPRESSIONS WERE NOTED AND CASTED.  AGAIN

26

IT HAS TWO EMERGENCY SERVICES PERSONNEL AT THE TOP

27

LEFT-HAND PORTION.  IT SHOWS THE CONTOUR OF THE CLIFF IN

28

THE AREA WHERE THE SHOE IMPRESSIONS WERE COLLECTED AND

157

1

INTO THE INLET OR COVE ADJACENT TO THE ROCKS WHERE THE

2

ITEMS OF EVIDENCE WERE MARKED.

3

       Q      AND WHAT DO WE SEE IN PHOTOGRAPH F?

4

       A      PHOTOGRAPH F IS ACTUALLY A CLOSE-UP VERSION

5

OF THE DOWNWARD SLOPE PORTION ON THE SOUTHEAST CORNER OF

6

INSPIRATION POINT; HOWEVER, THIS PHOTOGRAPH IS TAKEN FROM

7

THE OPPOSITE SIDE, OR THIS SIDE OF INSPIRATION POINT

8

(POINTING).  THIS IS ACTUALLY DEPUTY TERRY ASCHERIN FROM

9

THE EMERGENCY SERVICES DETAIL, AND HE IS RAPPELLING,

10

BASICALLY, THE FALL LINE FROM WHERE THE SHOE IMPRESSIONS

11

WERE NOTED TO THE INLET OR COVE BELOW WHERE VICTIM LAUREN

12

KEY WAS OBSERVED IN THE WATER.

13

       Q      AND YOU WERE PRESENT WHEN THE DEPUTY WAS

14

RAPPELLING DOWN THE FALL LINE?

15

       A      YES.

16

       Q      ASKING YOU NOW TO LOOK AT EXHIBIT NO. 7, DO

17

YOU RECOGNIZE THE AREA SHOWN IN THOSE FIVE PHOTOGRAPHS, A

18

THROUGH E?

19

       A      YES, I DO.

20

       Q      AND DO THOSE ALSO SHOW YOU THE AREA OF

21

INSPIRATION POINT?

22

       A      YES.  EACH DEPICTS THE AREA OF INSPIRATION

23

POINT FROM DIFFERENT ANGLES.

24

       Q      AND AGAIN BEGINNING WITH PHOTO A, JUST TELL

25

US BRIEFLY WHAT IT IS THAT WE ARE LOOKING AT.

26

       A      ONCE AGAIN PHOTOGRAPH A IS -- IT IS NOT AN

27

AERIAL PHOTOGRAPH; IT IS ACTUALLY TAKEN FROM THE WEST

28

SIDE OF INSPIRATION POINT LOOKING EAST TO THE SLOPED AREA

158

1

WHERE THE FOOTPRINTS WERE NOTED.  AND IT SHOWS THE

2

CONTOUR IN THE FULL FACE, IF YOU WILL, OF INSPIRATION

3

POINT AND THE CLIFF BELOW.

4

       Q      AND PHOTOGRAPH B?

5

       A      PHOTOGRAPH B IS ACTUALLY A PHOTOGRAPH TAKEN

6

FROM BELOW INSPIRATION POINT.  IT IS LOOKING BACK INLAND

7

AT THE PORTION OF THE CLIFF HERE WHERE, ONCE AGAIN, THE

8

FOOTPRINTS WERE NOTED.  AND IT ALSO SHOWS THE MARKINGS OF

9

EVIDENCE ITEMS IN THE COVE OR INLET THAT GOES INTO THE

10

POINT ITSELF.

11

       Q      AND PHOTO C?

12

       A      PHOTO C IS TAKEN IN A SIMILAR AREA, HOWEVER

13

A LITTLE BIT CLOSER.  ONCE AGAIN IT SHOWS THE INLET OR

14

THE COVE.  THIS AREA IN THE TOP RIGHT-HAND PORTION OF THE

15

PHOTOGRAPH IS WHERE THAT SLOPED AREA WOULD BE; HOWEVER,

16

YOU CAN'T SEE THE SLOPE.  IT ALMOST LOOKS AS IF IT'S A

17

FLAT DROPOFF HERE, BUT IT'S LOOKING FROM DOWN BELOW JUST

18

EAST OF THE INLET, AND IT IS LOOKING UP TOWARDS THE TOP

19

OF INSPIRATION POINT ON ITS EAST SIDE.

20

       Q      AND PHOTO D?

21

       A      PHOTO D IS TAKEN IN A SIMILAR LOCATION.

22

ONCE AGAIN IT IS OUT TOWARDS THE OCEAN, AMONGST THE TIDE

23

POOLS; AND IT SHOWS A LITTLE BIT WIDER VIEW THAN

24

PHOTOGRAPH C, BUT BASICALLY ONCE AGAIN SHOWING

25

INSPIRATION POINT FROM THE BOTTOM, LOOKING UP TO THE TOP,

26

OR THE EAST PORTION, WHERE THE SHOE PRINTS WERE LOCATED.

27

       Q      AND PHOTO E, WHAT ARE WE LOOKING AT THERE?

28

       A      PHOTOGRAPH E IS ACTUALLY TAKEN FROM THE TOP

159

1

OF INSPIRATION POINT WHERE, IF YOU WERE LOOKING INTO THIS

2

INLET OR COVE OF WATER, THIS IS ACTUALLY LOOKING DOWN IN

3

THE AREA WHERE THE SHOE PRINTS WERE LOCATED, LOOKING DOWN

4

INTO THE WATER FROM THE TOP OF INSPIRATION POINT.

5

       Q      NOW SHOWING YOU EXHIBIT 8, PHOTOS A AND B,

6

AND REFERRING SPECIFICALLY JUST TO PHOTO B, CAN YOU TELL

7

US WHAT THAT IS?

8

       A      ONCE AGAIN THIS IS THE EAST AREA OF THE

9

POINT, THE SOUTHEAST AREA OF THE POINT.  THIS AGAIN SHOWS

10

THE VERY ANGLED SLOPED PORTION AT THAT AREA OF THE CLIFF.

11

BELOW YOU AND TO THE LEFT OF THIS WOULD BE JUST WHERE THE

12

WATER AREA IS IN THE PHOTOGRAPHS THAT WE JUST LOOKED AT.

13

AND THIS ACTUALLY DEPICTS THE SHOE IMPRESSIONS IN THIS

14

LITTLE AREA HERE JUST TO THE LEFT OF THIS RUNOFF AREA OR

15

LITTLE TRAIL AREA DEPICTED IN THE PHOTOGRAPH.

16

       Q      THANK YOU.

17

              WHY DON'T YOU GO AHEAD AND RESUME YOUR

18

SEAT.

19

              NOW, DETECTIVE LESLIE, I WANT TO ASK YOU A

20

FEW QUESTIONS JUST ABOUT THE AREA AT THE END OF

21

INSPIRATION POINT, AT THE BASE OF THE POINT THAT IS DOWN

22

NEAR THE OCEAN, OKAY?

23

              YOU SAID THAT YOU WENT TO THE ARCHERY

24

RANGE, IS THAT CORRECT, OR THE ARCHERY CLUB?

25

       A      YES, THAT'S CORRECT.

26

       Q      NOW, IF YOU WANTED TO GET OUT TO THE ROCKS

27

AT THE END OF INSPIRATION POINT, YOU COULD DO THAT FROM

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THE ARCHERY RANGE?

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       A      YES, YOU CAN.

2

       Q      AND TELL US THE PATH THAT YOU WOULD TAKE

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AND WHAT YOU WOULD ENCOUNTER.

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       A      THE PATH FROM THE ARCHERY RANGE, AGAIN,

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THERE'S SEVERAL LITTLE TRAILS THAT KIND OF CONVERGE INTO

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A WELL BEATEN PATH OR TRAIL THAT GOES TOWARDS THE OCEAN,

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NOT THAT DIFFICULT OF A DECLINE.  YOU WALK DOWN, AND THAT

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TRAIL OPENS UP INTO A SANDY BEACH IN THE AREA THERE OF

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PORTUGUESE BEND JUST BELOW THE ARCHERY RANGE AND RUNS

10

ADJACENT TO THE EAST SIDE OF INSPIRATION POINT, WHICH

11

LEADS TO TIDE POOLS AND ROCKS AS YOU GO OUT TOWARDS THE

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OCEAN.

13

       Q      SO IF YOU GET DOWN TO THE BEACH FROM THE

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ARCHERY RANGE, INSPIRATION POINT IS ON YOUR RIGHT,

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CORRECT?

16

       A      THAT'S CORRECT.

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       Q      AND THEN IF YOU FOLLOW ALONG THE BASE OF

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INSPIRATION POINT, YOU WOULD GET OUT ONTO SOME ROCKY,

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FLAT AREAS WITH TIDE POOL TYPE AREAS; IS THAT CORRECT?

20

       A      YEAH.  I DON'T KNOW THAT I WOULD SAY THEY

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ARE FLAT.  THE ROCKS GO IN DIFFERENT DIRECTIONS.  BUT YOU

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CAN TRAVERSE THEM OUT TO THE END OF THE POINT, YES.

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       Q      OKAY.  AND IF YOU KEPT ON WALKING, I THINK

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YOU HAVE DESCRIBED FOR US AND SHOWN US ON PHOTOGRAPHS,

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THERE'S THE INLET THAT GOES ALL THE WAY TO THE BASE OF

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INSPIRATION POINT; IS THAT CORRECT?

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       A      YEAH, IT ACTUALLY GOES UNDERNEATH.

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       Q      THERE IS A LITTLE CAVE THAT'S BEEN WORN OUT

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THERE?

2

       A      THAT'S CORRECT, YES.

3

       Q      AND BASED ON WHAT YOU WERE TOLD AT SOME

4

POINT IN YOUR INVESTIGATION, THAT'S WHERE LAUREN'S BODY

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WAS FOUND, CORRECT?

6

       A      THAT'S CORRECT, YES.

7

       Q      IF YOU WERE --

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              FIRST OF ALL, CAN YOU JUST CONTINUE WALKING

9

PAST THAT INLET AREA?

10

       A      NO.

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       Q      OKAY.  IF YOU WERE TO GO PAST THAT INLET

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AREA WHERE LAUREN'S BODY WAS FOUND, WHAT'S ON THE OTHER

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SIDE OF THAT INLET?

14

       A      AGAIN IT'S AN AREA OF TIDE POOLS OR ROCKS,

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VERY SIMILAR TO WHAT'S ON THE EAST SIDE, RATHER WIDE AND

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AGAIN PROTRUDES OUT INTO THE OCEAN, FORMING THAT LITTLE

17

INLET.

18

       Q      AND IF YOU WERE TO CONTINUE WALKING ON THAT

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SECOND PORTION OF TIDE POOL AREA, IN OTHER WORDS, YOU

20

WERE PAST THE FIRST INLET AND YOU WERE ONTO THE SECOND

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ROCKY PORTION, WHAT WOULD YOU COME TO NEXT?

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       A      ONCE AGAIN THERE WOULD BE ANOTHER BODY OF

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WATER OR INLET THAT GOES INTO THE BASE OF INSPIRATION

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POINT AND AGAIN FORMS ANOTHER LITTLE CAVE.

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       Q      AND CAN YOU WALK ACROSS THAT SECOND INLET?

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       A      NO.

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       Q      IF YOU WERE TO CONTINUE PAST THE SECOND

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INLET, WHAT WOULD YOU ENCOUNTER?

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1

       A      AGAIN YOU WOULD ENCOUNTER TIDE POOL AREAS,

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ROCKS, WHICH LEAD AROUND -- NOW YOU WOULD BE ON THE WEST

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SIDE OF INSPIRATION POINT, WHICH WOULD LEAD TOWARDS THE

4

BEACH AREA AND THE NUDE SUNBATHING AREA.

5

       Q      BASED ON THE CONTOURS OF THE CLIFF AND THE

6

INLETS, CAN YOU ACCESS THE INLET WHERE LAUREN'S BODY WAS

7

FOUND FROM SACREDS COVE, OR THE SUNBATHING BEACH?

8