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From: Jasper
Date: 4/20/02
Time: 11:10:30 PM
Still more…
It's a shame that photos with good resolution are so hard to come by. The important thing here is not the orientation of the alley and the garage to the "correct" gate, but the orientation of Mr. Heidstra. He could not have been on the extreme north of the ally. He had to have been somewhere close to the middle. And his ability to locate position (direction and distance) by sound must have been pretty good for him to determine when he was on Gorham that the Akita was on the street rather than in the yard. …
MR. DARDEN: And when you heard that gate slam would you just show us where you were exactly when you heard that gate slam.
MR. HEIDSTRA: Here, (Indicating).
MR. DARDEN: Now, could you just keep the pointer there and come around to the other side.
MR. HEIDSTRA: Sorry.
MR. DARDEN: Show us again, please.
MR. HEIDSTRA: (Indicating).
MR. DARDEN: So you were in the alley; is that correct?
MR. HEIDSTRA: Yeah.
MR. DARDEN: In the middle of the alley?
MR. HEIDSTRA: Right here, (Indicating).
MR. DARDEN: Could you step back up and repeat your answer. My question was were you in the middle of the alley?
MR. HEIDSTRA: Just on the side there from the alley; not in the middle. I don't recall that exactly. I was standing there.
THE COURT: All right. Mr. Darden, you are referring to Defense exhibit--
MR. DARDEN: Yes, your Honor. Defense exhibit 1239.
THE COURT: Thank you.
MR. DARDEN: And Mr. Heidstra, this alley is east of Bundy; is that correct?
MR. HEIDSTRA: Yes.
MR. DARDEN: So you are in the alley, right?
MR. HEIDSTRA: Right.
MR. DARDEN: Between you and the alley is other--strike that. Between you and Bundy there is a garage; is that correct?
MR. HEIDSTRA: Yeah. There is a garage on the left, yeah.
MR. DARDEN: That garage was in front of you when you heard the gate slam?
MR. HEIDSTRA: Right.
MR. DARDEN: And beyond the garage or just beyond the garage and west going west toward Bundy is a house; is that correct?
MR. HEIDSTRA: Yeah, beyond the garage, yeah, there is a house.
MR. DARDEN: Okay. So there was a garage and a house between you and that gate?
MR. HEIDSTRA: Right, exactly.
MR. DARDEN: And then beyond the house there is the sidewalk; is that correct?
MR. HEIDSTRA: Yeah, it is on higher level ground than Nicole's property, so you can hear the sound even better there.
MR. DARDEN: Okay. So then there is a garage, a house and a sidewalk between you and that gate at 875 south Bundy?
MR. HEIDSTRA: Right, right, right, right.
MR. DARDEN: And then there is a street, isn't there?
MR. HEIDSTRA: There is Bundy, yeah.
MR. DARDEN: Okay. That is a fairly wide street, is it?
MR. HEIDSTRA: No, two lanes. Pretty wide street.
MR. DARDEN: Okay. Then on the opposite side of Bundy, which would be the west side, there is also grass and a sidewalk?
MR. HEIDSTRA: Right. It is not very big sidewalk, very small.
MR. DARDEN: Okay. And a walkway that leads up to the front of 875 south Bundy, correct?
MR. HEIDSTRA: Yeah, that comes out there.
MR. DARDEN: And yet it is your testimony that the gate that you heard slam this night was the gate at 875 south Bundy, Mr. Heidstra?
MR. HEIDSTRA: Sure, because I was just opposite Nicole's condo and the ground I told you is higher level. You can hear the sound even better.
MR. DARDEN: Could you hear--strike that. Could you see the gate at 875 south Bundy?
MR. HEIDSTRA: No, the garage. I could never see it.
Remember, Heidstra is an EARwitness, not an eyewitness. More to come from Joe Bosco's A Problem of Evidence… Jasper