ALL RIGHT. THANK YOU, LADIES AND GENTLEMEN. PLEASE BE SEATED. LET THE RECORD REFLECT WE'VE NOW BEEN REJOINED BY ALL THE MEMBERS OF OUR JURY PANEL. GOOD MORNING, LADIES AND GENTLEMEN.
ALL RIGHT. MISS SILVA, COME FORWARD, PLEASE.
SUSAN SILVA, CALLED AS A WITNESS BY THE PEOPLE, WAS SWORN AND TESTIFIED AS FOLLOWS:
RAISE YOUR RIGHT HAND, PLEASE. YOU DO SOLEMNLY SWEAR THAT THE TESTIMONY YOU MAY GIVE IN THE CAUSE NOW PENDING BEFORE THIS COURT, SHALL BE THE TRUTH, THE WHOLE TRUTH AND NOTHING BUT THE TRUTH, SO HELP YOU GOD?
PLEASE HAVE A SEAT IN THE WITNESS STAND AND STATE AND SPELL YOUR FIRST AND LAST NAMES FOR THE RECORD.
WE'RE IN THE BUSINESS OF INSTALLING, MONITORING, PROVIDING SERVICE AND PATROLLING ALARM SYSTEMS.
AND HAVE YOU SEARCHED THE RECORDS AT WESTEC TO DETERMINE THE NATURE AND TYPE OF SECURITY SYSTEM INSTALLED AT THE DEFENDANT'S HOME ON JUNE 12 AND 13, 1994?
AT THE CURRENT TIME, IN JUNE OF 1994, HE HAD A SYSTEM WHICH ENTAILED A PERIMETER ALARM SYSTEM, WHICH MEANS THAT THERE ARE CONTACTS ON MANY OF THE DOORS AROUND THE EXTERIOR OF THE SYS -- OF THE HOUSE; AS WELL, HE HAD ONE INTERIOR BEAM IN THE FRONT FOYER.
THE BEAM WAS IN THE FRONT FOYER AS YOU'RE COMING IN, IF YOU WERE TO WALK IN, IT WAS DIRECTLY -- AS YOU WERE WALKING IN THE DOOR, IT WOULD BE DIRECTLY TO YOUR LEFT.
AND ASSUMING THE SYSTEM WAS ON OR ACTIVATED AT THE TIME, WHAT WOULD HAPPEN IF YOU INTERRUPTED THAT BEAM?
THE SYSTEM WOULD BE ACTIVATED AND AN ALARM SIGNAL WOULD BE SENT INTO WESTEC IF THAT BEAM WAS A PART OF THE SYSTEM AND ACTIVATED.
YES. THE MAIN COMPUTER OR BOX OR GUTS AS YOU WOULD CALL IT, THE PROCESSING UNIT, WAS IN HIS LIBRARY.
AN "ENTRY PANEL" IS A PANEL THAT WOULD BE IMMEDIATELY INSIDE AN AREA TO TURN THE SYSTEM ON OR OFF.
AND THE OWNER OR IN THIS CASE, THE DEFENDANT, COULD PUNCH IN A SECURITY CODE TO ACTIVATE OR DEACTIVATE THE ALARM SYSTEM?
MISS SILVA, IF YOU WILL, WILL YOU STEP DOWN FROM THE WITNESS STAND AND STEP OVER TO THE BOARD MARKED PEOPLE'S 156. THERE IS A POINTER BEHIND YOU HANGING, HANGING FROM THE WITNESS STAND. HOW MANY ENTRY PANELS OR KEYPADS ARE THERE AT 360 NORTH ROCKINGHAM?
FOR THE LOWER PORTION OF THE ALARM SYSTEM, HE HAD A TOTAL OF FOUR. THERE WERE FOUR KEYPADS THAT HE COULD TURN IT ON AND OFF. THERE ARE TWO EXTERIOR, WHICH ARE DIFFERENT TYPES OF PANELS. ONE WAS INSTALLED OUTSIDE OF THE FRONT ENTRANCE IN THE FOYER AND THE OTHER WAS RIGHT OUTSIDE THE GARAGE IN THE MAIN GARAGE AREA. HE ALSO HAD TWO KEYPADS FROM THE INSIDE THAT WERE, ONE INSIDE THE FRONT ENTRYWAY AND THE OTHER RIGHT OUTSIDE OF THE MAID'S ROOM.
NOW, TO USE THE ENTRY PAD LOCATED IN THE GARAGE, ONE WOULD HAVE TO BE INSIDE THE GARAGE; IS THAT CORRECT?
AND WITH REGARD TO THE KEYPADS INSIDE THE LAUNDRY ROOM AND THE INTERIOR ENTRANCE WAY TO THE HOUSE, YOU WOULD HAVE TO BE INSIDE THE HOUSE OR INSIDE THE LAUNDRY ROOM TO ACTIVATE THOSE?
AND THE KEYPADS YOU JUST DESCRIBED, DO THEY ALL REQUIRE A SECURITY CODE TO ACTIVATE OR DEACTIVATE THE ALARM SYSTEM?
OKAY. BEFORE I ASK YOU WHERE THEY ARE, LET ME ASK YOU THIS. DIRECTING YOUR ATTENTION TO THE MAID'S QUARTERS AND KAELIN'S ROOM IN THE LOWER PORTION OF THE DIAGRAM THERE, ARE THERE ANY SECURITY SENSORS OR ENTRY PANELS LOCATED IN ANY OF THOSE ROOMS?
NO. THERE IS -- WE AT ONE TIME BELIEVED THAT THERE WAS SOME SORT OF A SENSOR. BUT WHEN -- THE DAY I WAS OUT AT THE PROPERTY, THE SENSOR WAS NOT CONNECTED TO THE STAIR ROOM OR THE ROOMS FROM KATO'S ROOM TO THE BILLIARD ROOM, BUT THERE IS NO ON AND OFF KEYPAD OF ANY TYPE TO DEACTIVATE THE ALARM SYSTEM WITH THE SAME TYPE OF KEYPADS THAT ARE INSTALLED AT ANY ONE OF THESE FOUR LOCATIONS.
OKAY. SO IN OTHER WORDS THEN, THERE IS NO -- THERE ARE NO SECURITY SENSORS ANYWHERE FROM THE OFFICE HERE TO THE MAID'S ROOM?
COULD YOU DESCRIBE FOR US EACH AND EVERY SENSOR OR SECURITY SENSOR THAT IS LOCATED INSIDE THE HOUSE, PLEASE?
IF YOU WERE TO BEGIN AT THE FRONT DOOR, THERE IS A DOOR CONTACT THAT IS -- MOST OF THEM ARE -- YOU'RE NOT ABLE TO SEE THEM. THEY'RE RECESSED IN THE DOOR ITSELF ON THE TOP, ON THE SIDE SO THAT IT'S NOT REALLY VISIBLE. BUT THERE'S ONE AT THE FRONT DOOR, AND YOU GO BACK TO THE PATIO DOORS OVER ON THIS SIDE, THERE IS ONE ON THE DOOR THERE, ONE ON THE DOOR HERE, ANOTHER DOOR CONTACT AS WELL HERE (INDICATING).
THERE'S ALSO FRENCH DOORS ON THIS SIDE, THERE WAS ONE HERE, THERE'S ONE HERE, THERE'S A SMALL DOOR GOING OUT TO THE POOL AREA AS WELL THAT THERE'S A SENSOR. FINALLY OVER HERE AT THE MAID'S ROOM GOING OUTSIDE ON THE SIDE YARD, THERE'S A SENSOR AND ONE SENSOR GOING OUT TO THE GARAGE (INDICATING).
IS THERE ANY EXTERIOR DOOR TO THE HOUSE THAT DOES NOT -- THAT DOES NOT HAVE A SENSOR ATTACHED TO IT OR COVERED BY IT?
WELL, WHEN WE LOOKED AT IT, IT WAS VERY DIFFICULT BECAUSE AT THE TOP OF MANY OF THESE LARGE FRENCH DOORS WERE SOME DEAD BOLTS. SO AT THE TIME -- AND BECAUSE IT'S SO TALL AND WE DIDN'T WANT TO GET A LADDER AND UNLOCK THEM, WE WEREN'T ABLE TO TELL WHETHER THERE WAS A CONTACT OR NOT ON THOSE PARTICULAR DOORS. SO MY ESTIMATION IS THAT THE ONE WAS A STANDARD CLOSED DOOR AT ALL TIMES BECAUSE IT ALSO HAD A SLIDING BAR IN THE BOTTOM AND THE OTHER WAS A DOOR THAT WOULD BE OPEN AND CLOSED AT ALL TIMES.
THERE'S DEAD BOLTS, LARGE DEAD BOLTS UP AT THE TOP OF THE -- THE PAT -- THE WINDOWS THIS SIDE AND THEY'RE VERY HIGH UP, PROBABLY 12 OF THEM AT THE VERY TOP OF THE WINDOWS THEMSELVES.
CORRECT. LIVING ROOM, FAMILY ROOM. THERE ALSO WAS A DEAD BELT AT THE MAID'S ROOM GOING OUTSIDE HERE BECAUSE WE WERE UNABLE TO AGAIN OPEN THAT DOOR.
BY MR. DARDEN: OKAY. SO THAT THE RECORD IS CLEAR, THERE'S A ROOM HERE AT THE BOTTOM LEFT-HAND PORTION OF THE DIAGRAM THAT IS LABELED "MAID"; IS THAT CORRECT?
AND THIS MAID'S ROOM WAS DISTINGUISHED FROM THE OTHER MAID'S ROOM WHICH IS AT THE OPPOSITE END OF THE DIAGRAM?
YES. I'M SORRY. I DIDN'T SEE THIS ONE WAS ALSO LABELED AS MAID'S ROOM. YES, IT WOULD BE THE MAID'S ROOM THAT WAS INSIDE THE INTERIOR OF THE HOUSE.
THANK YOU. OKAY. YOU WERE TELLING US YOU SAW DEAD BOLTS AT THE LIVING ROOM FRENCH DOORS AND AT THE FAMILY ROOM FRENCH DOORS?
THERE WAS ANOTHER DEAD BOLT HERE AT THE MAID'S -- OUTSIDE OF THE MAID'S ROOM FROM THE INTERIOR OF THE HOUSE GOING TO THE EXTERIOR, ONE -- THE MAID'S ROOM CLOSEST TO THE GARAGE.
NOW, AT ONE POINT, YOU POINTED OUT A SENSOR LOCATED AT A REAR DOOR LEADING OUT TO THE PATIO, REAR PATIO; IS THAT RIGHT?
YES. THAT'S A SPECIAL DOOR RIGHT AT THE -- NOT IDENTICAL TO THE LARGE FRENCH DOORS, BUT A SMALL DOOR RIGHT ON THE SIDE.
NOW, WHAT DID YOU MEAN OR INTENDED TO CONVEY WHEN YOU HAD THE 40 SECONDS PLACED THERE OR INDICATED THERE?
THAT WAS THE ONE DOOR ON THE BACKSIDE OF THE HOUSE THAT IF SOMEONE WAS AT THE POOL AREA AND THE ALARM SYSTEM WAS SET, THEY WOULD BE ABLE TO ENTER THIS DOOR (INDICATING) AND HAVE A RINGING SOUND AND BE ABLE TO GO TO ONE OF THE KEYPADS AND DISARM IT. ALL THE OTHER DOORS ARE ON IMMEDIATE SENSORS, WHICH MEANS THAT IF THEY WERE TO COME IN THE FRONT SIDE, THEY WOULD HAVE TO DEARM THE SYSTEM FROM THE OUTSIDE KEY PANEL AND ALSO THE GARAGE KEY PANEL OR ELSE THE SYSTEM GOES IMMEDIATELY INTO AN ALARM. ON MANY SYSTEMS THAT DON'T HAVE THESE EXTERIOR PANELS, YOU HAVE ENTRY, EXITS TO GIVE YOU THE TIME TO BRING YOUR GROCERIES IN, PUT THEM ON THE COUNTER AND GO TURN YOUR ALARM SYSTEM OFF OR LET THE KIDS GO OR WHATEVER. AND THIS PARTICULAR SYSTEM, HE HAD TO DISARM IT FROM THE OUTSIDE BEFORE HE CAME IN OR ELSE YOU'D HAVE AN IMMEDIATE ALARM SYSTEM -- OR I AM SORRY -- AN ALARM ACTIVATION. THIS PARTICULAR DOOR, HE HAD 40 SECONDS TO, IF INDEED THE ALARM SYSTEM WAS SET, 40 SECONDS TO GO TO ANY ONE OF THESE KEYPADS AND TURN IT OFF. IT WOULD NOT SEND AN ALARM SIGNAL.
NO. HE DID NOT HAVE ANY GLASS BREAKS ON HIS SYSTEM. SO THERE WAS NOT THAT TYPE OF PROTECTION. IT WOULD HAVE PHYSICALLY HAVE HAD TO MOVE OR CAUSE THE TWO MAGNETS, WHICH IS WHAT A CONTACT IS, TO MOVE AND CAUSE AN ALARM.
BY MR. DARDEN: NOW, IS WESTEC ADVISED OR SIGNALED SOMEHOW EACH AND EVERY TIME THAT THE ALARM IS ACTIVATED?
BY MR. DARDEN: OKAY. WELL, LET'S SAY MR. SIMPSON WAS TO TURN ON THE ALARM, OKAY? WITH ME SO FAR? IF HE TURNED THE ALARM ON, WOULD WESTEC SOMEHOW BE NOTIFIED? WOULD THERE BE SOME SIGNAL OR SOMETHING SENT TO WESTEC INDICATING THAT THE ALARM AT MR. SIMPSON'S HOUSE IS NOW ON?
NO. THIS PARTICULAR ALARM SYSTEM IS NOT SUPERVISED, WHICH MEANS WE DO NOT SUPERVISE OR HAVE SPECIFIC TIMES THAT HE WOULD SET THE ALARM OR TURN THE SYSTEM ON OR OFF. IT'S BASICALLY AT HIS OWN DISCRETION.
KEY QUOTEUNDER WHAT CIRCUMSTANCES, IF ANY, COULD WESTEC BE NOTIFIED THAT THE SYSTEM HAS BEEN ACTIVATED OR DEACTIVATED?
IT WOULD BE AN INTRUSION, WHICH MEANS THAT HE HAS PHYSICALLY SET THE SYSTEM AND -- NOT NECESSARILY HIM, BUT LET'S SAY A BURGLAR BREAKS ONE OF THESE DOOR -- THE DOOR CONTACTS OR GOES IN AN AREA AND GETS -- IS NOT ABLE TO DEACTIVATE THE ALARM SYSTEM IN THE APPROPRIATE TIME PERIOD. AT THAT TIME, WE WOULD RECEIVE A SIGNAL. SO IT'S MORE OF A REACTIVE THAN A PROACTIVE SYSTEM.
AND WAS WESTEC SIGNALED THAT THE SYSTEM HAD BEEN BROKEN OR THE SECURITY AT MR. SIMPSON'S HOME HAD BEEN BROKEN ON JUNE 12, 19094?
AND IF YOU RECALL, WHEN WAS THE LAST TIME WESTEC PERFORMED ANY MAINTENANCE ON THE DEFENDANT'S SECURITY SYSTEM?
OKAY. IF YOU RECALL, WERE THERE ANY COMPLAINTS DURING JUNE 1994 THAT THE SYSTEM WAS NOT WORKING PROPERLY?
IT'S MORE OF A REACTIVE THAN A PROACTIVE SYSTEM.
THERE WERE NO SIGNALS.
THIS PARTICULAR ALARM SYSTEM IS NOT SUPERVISED, WHICH MEANS WE DO NOT SUPERVISE OR HAVE SPECIFIC TIMES THAT HE WOULD SET THE ALARM OR TURN THE SYSTEM ON OR OFF. IT'S BASICALLY AT HIS OWN DISCRETION.
ON MANY OF THESE LARGE FRENCH DOORS WERE SOME DEAD BOLTS... WE WEREN'T ABLE TO TELL WHETHER THERE WAS A CONTACT OR NOT ON THOSE PARTICULAR DOORS.