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.
I don't think it has much relevance unless someone is going to argue that whoever abducted Danielle murdered her using a gun and then came back to the house at a later time and accidently dropped the shell in her room. If so, that person certainly wasn't DW.
Seems to me if an animal pulled it off, it would have still been in the vicinity. Too many bones, wouldn't an animal have likely realized that right away, and then try a more appealing area?
Unless he conclusively proves why they are wrong.
Well, I knew you wouldn't and immediately pointed out that those were my words to demsux.
I hope you appreciate that because I got flamed for taking the trouble to clear your name for you.;)
Just some of my thoughts.
THis is the best summation I have seen in a while for an unbiased evaluation of the situation.
Those things you mentioned are what do place DW in the COULD HAVE done it category.
International porn exists. Is it your presumption that each time a child is abducted and murdered we must eliminate all subjects of the porn ring before targeting someone who has physical evidence that incriminates him ?
BTW, how do you know Westerfield isn't part of the aledged ring ?
Looking for non-ad hominem comments regarding a scenario that would fit the evidence assuming Westerfield did it. FWIW, I call the innocent theory the goldilocks theory and the guilty one the "big bad wolf" theory.
First, remember the facts about the casing. .22 shell and it was worn/scratched up.
This would imply it easily could have been stuck in a shoe tread and come off. It probably got all scratched and tarnished while on the ground and then got stuck on someone's shoe.
SO, WHERE FROM?
Where would they use .22 shells?
RUMORS: Damon wasn't home with the kids babysitting like he was supposed to. Damon didn't come home when Brenda did with the pizza Friday night.
Damon was at a PAINTBALL ARCADE with a female friend and her little boy until 1am Saturday. (just before the pizza partiers got there).
NOW, let's think. A GUN ARCADE. Paintball guns usually used compressed air. Are there other types of GAMES there besides paintball, at an ARCADE? Do any of them use .22 casings?
First, remember the facts about the casing. .22 shell and it was worn/scratched up.
This would imply it easily could have been stuck in a shoe tread and come off. It probably got all scratched and tarnished while on the ground and then got stuck on someone's shoe.
SO, WHERE FROM?
Where would they use .22 shells?
RUMORS: Damon wasn't home with the kids babysitting like he was supposed to. Damon didn't come home when Brenda did with the pizza Friday night.
Damon was at a PAINTBALL ARCADE with a female friend and her little boy until 1am Saturday. (just before the pizza partiers got there).
NOW, let's think. A GUN ARCADE. Paintball guns usually used compressed air. Are there other types of GAMES there besides paintball, at an ARCADE? Do any of them use .22 casings?
If one swallows the goldilocks theory. Which I don't. Way too remote.
OK. Thinking again. Do you see any reason for suspecting that Danielle may be been abducted by those involved in the INTERNATIONAL CHILD PORN RING being run from SD/Poway?
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