Expect to hear more evidence about insects as the David Westerfield trial enters what could be the final week of testimony before jury deliberations. Posted on 07/28/2002 8:56:21 PM PDT by FresnoDA
By Alex Roth
UNION-TRIBUNE STAFF WRITER
July 28, 2002
Expect to hear more evidence about insects as the David Westerfield trial enters what could be the final week of testimony before jury deliberations.
On Tuesday, prosecutors are scheduled to call Dr. M. Lee Goff of the University of Hawaii as their final rebuttal witness in a trial that has lasted 23 court days. Goff is a forensic entomologist and the author of "A Fly for the Prosecution: How Insect Evidence Helps Solve Crimes."
Whether Goff will be the final insect expert in the case – jurors have already heard from three witnesses with expert opinions about the behavior of insects on human remains – is unclear. Westerfield's lawyers have said they will take at least a day to present evidence to rebut the prosecution's rebuttal.
The trial will not be in session tomorrow because the lawyers and judge are scheduled to hash out the legal instructions that will be read to the jury after the close of testimony. The instructions guide jurors on the law to be applied in the case.
Given the time estimates of the lawyers, it seems likely that closing statements won't come until Thursday, or the following Monday at the earliest. So far there haven't been any Friday sessions in which the jury was present to hear testimony. The judge said the jury will deliberate Mondays through Fridays.
As the case winds down, the battle of the insect experts has emerged as perhaps the final arena in the murder trial. Westerfield's lawyers say the insects found on 7-year-old Danielle van Dam's body prove that it couldn't have been dumped until after Westerfield was under 24-hour police surveillance.
Danielle was reported missing from her home Feb. 2, and her body was found by volunteer searchers Feb. 27 in a remote area off Dehesa Road near the Singing Hills Golf Course in El Cajon.
The defense called two entomologists who testified about blowflies on the girl's body. Westerfield's lawyers say the experts' testimony proves that the remains couldn't have been dumped until mid-February. Westerfield was under constant police surveillance beginning Feb. 5.
The prosecution countered with a forensic anthropologist who said the body's extreme mummification might help explain why blowflies weren't able to access the remains immediately.
Westerfield, a self-employed design engineer who lived two doors from the van Dams in Sabre Springs, is accused of kidnapping and killing Danielle. He is also accused of possession of child pornography, which the prosecution claims shows that he had a sexual interest in girls.
Prosecutors said the pornography – some of it depicting violent sexual attacks against young girls – was found on Westerfield's computers and on computer disks stored on his office bookshelf.
In a trial of numerous shifts in momentum, legal experts say prosecutors scored a significant blow last week by calling Westerfield's son as a witness. Neal Westerfield, now 19, testified that the computer child pornography in the house was his father's, not his.
Earlier in the trial, the defense presented a computer expert who testified that Neal Westerfield might have been the person who downloaded some of the pornography.
"This is a young man who clearly cares about his dad and has a good relationship with him, so he has no reason to say anything bad," said Peter Liss, a Vista criminal defense lawyer. "He was just truthful."
In this respect, the defense's strategy of trying to blame the son for the child pornography in the house appears to have backfired. Criminal defense lawyer Robert Grimes said the jury is likely to view Neal Westerfield as "basically a nice young college kid" who testified honestly.
Westerfield's lawyers chose not to cross-examine his son. They will indicate this week whether they will call any witnesses to try to refute his testimony.
Nice try though. You ought to sign up for the prosecution team to help them mislead as much as possible.
Look at it this way. Our evenings have been beautiful and you can enjoy that later. :)
Two or THREE weeks? Where are you getting "three" weeks?
The body was already "opened up"...Haskell made a very valid point, that the human body's natural orifices ARE A PRIME area of entry for insects, mummified or not.
I'll leave that to the defense.
No confusion on my part. Feb 2 plus 14 days = Feb 16 which was Faulkner's date, correct? You are the one who stated "three weeks" which is a 21 day period.
It's sort of like the pictures of the marks on Westerfield's forearm. Could you remind me again of what the prosecution proved with those "ominous" pictures? I seem to have missed it.
Yessiree.....you would do well with Mr. Dusek.
Please quote away. I just didn't want connectthedots to think you thought he said it. No prob.
Hugzzz & Kizzezzz!
(Just kidding!)
I don't believe the pictures of the marks on DW's arms were brought into trial. Just the PH, iirc. I don't believe they entered them due to lack of forensic evidence. I've not commented on them.
As to my "pointless" remark. You think Dusek is misleading, I think Feldman is. And never the twain shall meet.
Oooooh, semantics, is it? Okay, try this equation. Haskell said she could have been put there as late as Feb. 21. She disappeared the evening of Feb. 1. How many days is it from Feb. 1 to Feb. 21? I get 20, which is almost 3 weeks. So I should have said, according to your literal interpretation, "two weeks to 20 days," not "two to three weeks," right?
I don't think Goff could get there today, not until tomorrow. Thursday was a full day with Rodriguez anyway, who was foundation for Goff. So my reckoning is Goff delayed one day--Monday to Tuesday.
No big deal, Feldman may or may not get his surrebuttal witness.
Yep........The PH is a great place to mislead and legally plant ideas that can taint potential jurors.
It is still misleading and very wrong when a man's life is in the balance.
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