Wests’ defense attorneys seek missing evidence
Despite asking for about a year, defense attorneys representing the California City brothers’ adoptive parents said Thursday they haven’t received evidence instrumental to defending their clients who are charged with murder — including getting contact information for any “resource parent” of the children whose testimony serves as the “crux” of prosecutors’ argument, a defense attorney said.
Adoptive parents Trezell and Jacqueline West each have pleaded not guilty to two second-degree murder charges, an involuntary manslaughter charge, two counts of willful cruelty to a child, conspiracy and falsely reporting an emergency in the deaths of Orrin, 4, and Orson West, 3. A status conference was held Thursday in Kern County Superior Court to determine everyone’s readiness to hear motions on March 1. Attorneys will return on that date.
The Wests have two adopted children and two biological kids aside from Orrin and Orson. Last year, a judge granted prosecutors’ motion to bar the couple from speaking with their children about the case, persuading or intimidating them, according to The Californian’s previous reporting.
Resource parents are vetted by social workers to provide temporary or permanent care for children once they have been removed from their biological parents and placing kids with a family member is not an option. Often, resource families include people who allow minors to remain connected to their “community and culture,” according to the California Department of Social Services.
Getting contact information for the Wests’ kids’ resource family will allow defense attorneys to learn more about “alleged statements” upon which prosecutors hinged their arguments, said Alekxia Torres-Stallings, who represents Jacqueline West.
It’s unclear who made those statements — the children or resource family. Torres-Stallings noted a resource parent also “has made themselves a witness.”
Hiring an expert to rebut information in these statements is something the defense would like to explore, but it’s difficult when they have incomplete information, she added.
Defense lawyers are also seeking a complete twohour interview with a child because Torres-Stallings said she’s only received incomplete footage. It’s unclear who this child is, and if he or she is related to the Wests.
Also yet to be received is California City police officers’ body-worn camera footage of the week after “initial abduction,” Torres-Stallings said. She referred to an abduction several times during the hearing.
There’s also footage of the boys walking down the street on the day they were reported missing that Torres-Stallings says she doesn’t have.
On Thursday, prosecutor Eric Smith provided to lawyers California City police officers’ body-worn camera footage of Dec. 21, 2020, or when the toddlers were reported missing by their adoptive parents, until Dec. 31, while noting he received this video footage that morning.
“We have been asking for that since March of last year,” Torres-Stallings said of the body-worn camera footage.
Torres-Stallings also requested transcripts from a grand jury indictment — which she said she’s been asking for since June — phone calls recorded by Bakersfield Police Department officers who investigated the case and communications by social workers.
Defense lawyer Timothy Hennessy, representing Trezell West, noted he joined in court with Torres-Stallings outlining requests for numerous documents.
Smith said he’s provided some of the information Torres-Stallings referenced in court Thursday. There’s also a gag order on this case that prohibits attorneys from speaking on these topics outside court.
There was a “discovery dump” of information and it’s been “very difficult” to figure out what they have and what they don’t, Torres-Stallings said, while adding a six terabyte hard drive was given to the defense to parse.
Judge Charles Brehmer requested attorneys meet again Feb. 23 to finalize what evidence is missing and still needs to be provided to defense attorneys.