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Evidence On Insects Likely To Continue: (Westerfield Trial "Creeps" Along At An Ant's Pace!)
Union Trib ^ | June 29, 2002 | Alex Roth

Posted on 07/28/2002 8:56:21 PM PDT by FresnoDA

Evidence on insects likely to continue

Trial winding down; closing statements may be this week

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.Photo

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.


TOPICS: Society
KEYWORDS: danielle; daniellevandam; kidnappig; kidnapping; molestation; pedophile; vandam; westerfield
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To: ~Kim4VRWC's~
I thought the judge was the one who made the final decision on when Goff would testify. Seems he dind't want the testimony interrupted, so the lawyers argued for Thurs and Fri, but the judge said no Fri. Goff could not be there on Mon so the judge gave Goff until Tues to fit this trial into his schedule and in the meantime, the court would argue jury instructions. Since all of the testimony has not been completed, the judge has had to say that he 'may' readdress some points and 'table other motions from the defense, until the DA finishes their rebuttal. Why did he jump the gun on jury instruction and then try to force the defense into giving a definite timetable for their rebuttal?
161 posted on 07/29/2002 11:59:27 AM PDT by Krodg
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To: PoisedWoman
The one picture in the frame they VD's have reminds me of JODI FOSTER in TAXI DRIVER.
162 posted on 07/29/2002 12:00:07 PM PDT by UCANSEE2
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To: ~Kim4VRWC's~; BARLF
14 Q CAN YOU ESTIMATE FOR US HOW MANY PERSONAL 15 CONTACTS YOU'VE HAD WITH MR. WESTERFIELD, BY THAT 16 I'M EXCLUDING THE HI-AND-BYE DRIVING DOWN THE STREET 17 TYPE THINGS, WHERE YOU HAD A CHANCE TO EITHER TALK 18 WITH HIM OR BE WITH HIM IN A LOCATION?

19 A APPROXIMATELY FOUR. WAIT A MINUTE. LET ME 20 WAIT. I SHOULD SAY FIVE TO SIX.

163 posted on 07/29/2002 12:02:21 PM PDT by nycgal
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To: Krodg; All
Who were they talking about this morning when they were referring to "testimony from a person convicted of a felony"? Which witness have we heard from that has been convicted of a felony??
164 posted on 07/29/2002 12:06:42 PM PDT by Karson
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To: mommya
I didn't see the A&E special, although I would like to. I don't know how detailed the show is, or if any of the witnesses at the trial appeared in the show.

If you're interested in criminal forensics (I am!), check out this fascinating site: Elyse's Crime Scene Investigation." Looks neat!

165 posted on 07/29/2002 12:09:41 PM PDT by shezza
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To: Karson
I heard that, also. I don't think a name was mentioned but the judge marked it out and commented he hoped that we don't hear about a plea or something later(like having the charges dropped?) Interesting....
166 posted on 07/29/2002 12:20:52 PM PDT by Jrabbit
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To: Jrabbit
I wasn't sure if it was a prosecution witness or defense but when Mudd mentioned immunity (or the lack of), I tend to think it would be a prosecution witness. Isn't it funny how we keep coming up with more questions than answers?
167 posted on 07/29/2002 12:26:29 PM PDT by Karson
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To: All
WEll, I went to KGTV and they no longer ,apparently, have a live link to the trial. Anyone have another link for it?

Thanks in Advance.

168 posted on 07/29/2002 12:32:38 PM PDT by UCANSEE2
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To: UCANSEE2
No trial today. Hearings with attorneys and judge this morning. Adjourned until 8:45 am tomorrow.
169 posted on 07/29/2002 12:36:11 PM PDT by Karson
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To: Karson
This is very interesting. I think the VDs are a jinx.

"Between 1981 and 2002 the Van Dams managed to be in the immediate proximity of two brutal deaths and two unsolved kidnappings across the United States: Adam Walsh, Tiffany Louise Sessions, Michael Negrete and, finally, Danielle Van Dam."

170 posted on 07/29/2002 12:38:51 PM PDT by Karson
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To: Karson
Thank you.
171 posted on 07/29/2002 12:39:03 PM PDT by UCANSEE2
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To: cyncooper
No big deal, Feldman may or may not get his surrebuttal witness. Does this mean that if you were on trial for your life, you would not expect your attorney to rebutt????
172 posted on 07/29/2002 12:43:56 PM PDT by Krodg
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To: Karson
Wow...what are the odds?
(bet _minion could tell us)
173 posted on 07/29/2002 12:44:16 PM PDT by shezza
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To: Karson
"Between 1981 and 2002 the Van Dams managed to be in the immediate proximity of two brutal deaths and two unsolved kidnappings across the United States: Adam Walsh, Tiffany Louise Sessions, Michael Negrete and, finally, Danielle Van Dam."

Is that from an article? I see quote marks.

Couldn't the same be said of DW? Starting in the 1970's? Probably we all live close to horrific crime scenes. Why mention Adams Walsh, for instance, when that case was solved. The implication for the above quote implies the van Dams should be looked at with suspicion in that case? Else why list it and the others.

174 posted on 07/29/2002 12:45:43 PM PDT by cyncooper
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To: Karson
(See FBI/CANDYMAN operation)(See San Diego/Poway CHILD PORN RING)

Might be more than just a coincidence, or maybe it is.

How/WHY would the VD's decide to point to DW? To aim the LE's at DW?

Why were the LE's searching for ROPES/HANDCUFFS, etc?

Relate this all to the arrests of 2 other men in the SD/Poway area for running a CHILD PORN RING.

Relate Damon's trips to EUROPE to a connection to the CHILD PORN RING. Know what a MULE is ?

Could Damon have KNOWN that DW downloaded some PORN that contained CHILD PORN because Damon is part of the CHILD PORN RING ?

If he had connections to the ringleaders, he might have had access to the customer mailing list.

Do I think Damon killed Danielle ? Not sure, but not really.

I think maybe the CHILD PORN ring people got his daughter, probably from outside her grade school, and that was the coincidence. They didn't know it was his little girl they were taking.

Once he knew Danielle had been taken by them, maybe he felt it best to deflect any investigation into himself by deflecting the police to Westerfield.

175 posted on 07/29/2002 12:47:45 PM PDT by UCANSEE2
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To: cyncooper
Clarification: regarding Adam Walsh, they are pretty sure they know who did it and the guy died, I believe. When I said "solved" I was not referring to a conviction.
176 posted on 07/29/2002 12:51:01 PM PDT by cyncooper
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To: VRWC_minion
I see you moved your thoughts to this thread. Good.

I see you've been reading the transcripts and DW's interview with Det. Redden. Note that DW, when talking about his weekend to the Det., says "we" at one point. Prosecution emphasized this point. From the prosecution's questions it seems they believe she was in the MH during the weekend---fwiw.

177 posted on 07/29/2002 12:55:02 PM PDT by cyncooper
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To: cyncooper
This whole mummification stuff is a straw man for the prosecutor. A body does not completely mummify in 2-3 days. If it did, there would have been no insect infestation, especially by blow flies. Even if the body had been partially mummified in 2-3 days, it certtainly would not have taken animals 10 days to open a fresh wound that would attract the blow flies.
178 posted on 07/29/2002 12:57:58 PM PDT by connectthedots
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To: cyncooper
Prosecution also made sure to bring out tow truck driver's hearing DW talk to someone and is trying to indicate DW lied about going back to the Strand Sunday night. They would have her alive going to the desert and while being stuck in the sand.

179 posted on 07/29/2002 12:59:27 PM PDT by clearvision
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To: clearvision
True, that. She is either dead in the MH compartment or alive while driving around in the desert. Can't keep changing theories based on cross-examination of witnesses.
180 posted on 07/29/2002 1:03:20 PM PDT by Mrs.Liberty
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