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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: Karson
. It didn't sound as if those were the clothes that she wore to school the previous day but if not, where were THEY?

no telling how old the stuff might be on our kids clothing. The only estimate we could make for sure is based on whether it still fits, their date of birth or the last date we moved in. Anything later is up for grabs.

221 posted on 07/29/2002 2:01:30 PM PDT by VRWC_minion
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To: UCANSEE2
The fact that the body just happens to be the distance that someone could drive from the Van Dams and return the general location by sunrise means to me that whoever took her wanted to be back in the area before sunrise and they worried about being missed if not.

I don't understand how you figure this could apply to Westerfield. No one would have missed him on Saturday morning. When did he pick up the motorhome. How do you suppose he got a dead child into the motorhome in daylight? Maybe I missed something.

222 posted on 07/29/2002 2:03:35 PM PDT by Eva
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To: ~Kim4VRWC's~; nycgal
Kim, I hope you aren't including me in your "us." I stated this was Brenda's testimony and where to find it. I don't know how to cut and paste as nycgal did. I'm a computer dummy.
223 posted on 07/29/2002 2:07:02 PM PDT by BARLF
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To: UCANSEE2
I have two options for the shell casing.

Is it a 22 casing or is it something that looked like a 22 casing ?

224 posted on 07/29/2002 2:08:31 PM PDT by VRWC_minion
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To: VRWC_minion
Huh? These were the clothes found by Le on her bedroom floor. I think we can assume they were recently worn.
225 posted on 07/29/2002 2:08:47 PM PDT by Jrabbit
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To: redlipstick
Tiffany Sessions (20 at disappearance) and Michael Negrete (18 at disappearance)were hardly children when they disappeared. As a matter of fact, they were years older than Damon Van Dam was when Adam Walsh disappeared.

Just goes to show that INFORMATION makes the difference.

Easy to jump to a conclusion when you only have partial data.

That is partially why I said "looks like".

Were I to continue to insist that Damon was a scout for CHILD ABDUCTORS, and refer to those two cases as examples, I WOULD LOOK LIKE A BIG IDIOT.

That is why I have a difficult time with people that keep using the same 'proof' over and over that has been discounted by testimony.

And how are you? Haven't spoken with you for a while.

226 posted on 07/29/2002 2:10:23 PM PDT by UCANSEE2
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To: UCANSEE2
I'm fine, thank you. How are you?

I just did a google search and read 8 articles about the "Candyman" kiddy porn ring - not one mention of any missing or abducted children.
All of the children molested and photographed by members of this ring are alive and accounted for.
227 posted on 07/29/2002 2:17:14 PM PDT by EllaMinnow
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To: VRWC_minion
Go back and read my post again. Your response to my post doesn't make a dab of sense.
228 posted on 07/29/2002 2:18:34 PM PDT by Karson
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To: UCANSEE2
It was over 100 here in KC most of the weekend.

Whew, that's hot for you guys! We've hovered around 100 and had some much welcomed rain. Today is cloudy and about 94, so nice for us! I love the sun, but too much of a good thing and all that, so the clouds are a nice change.

229 posted on 07/29/2002 2:19:13 PM PDT by cyncooper
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To: BARLF
ok Doe Ray me me me me :)
230 posted on 07/29/2002 2:20:00 PM PDT by Freedom2specul8
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To: Krodg; Amore; Henrietta
"Why did he jump the gun on jury instruction" That's a good question krodg.. am pinging our local atty's...maybe they can shed some light. I don't think it'll matter cuz the instructions can be modified prior to handing them over the jury if necessary. I didn't realize that many appeals are made because of jury instructions..not sure how successful they care..so I hope judge mudd knows his stuff wrt:that issue!
231 posted on 07/29/2002 2:20:02 PM PDT by Freedom2specul8
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To: VRWC_minion
BTW, how do you know Westerfield isn't part of the aledged ring ?

He could be a one time downloader of CHILD PORN.

It could have been NEAL that was the downloader.

He could be a regular subscriber to this site.

He could be a member of the grab a child/film yourself having sex with them club.

We have not seen any evidence or testimony to this effect in court.

Since the first man in the RING was arrested Jan 27, I would think the police had evidence, or the group in Sweden had the information to give that could have identified any of these possibilities. Since they didn't bring them out in court, one must assume such did not exist.

I still say the fact that the POLICE had a search warrant searching for ROPES/CHAINS, etc means they thought they had one of these CHILD PORN RING guys. Instead of 'finding' a suspect, they were pointed at a suspect, and when he didn't have the 'goods', too bad. Enough trace evidence was found to make him look suspicious, so it was decided he should hang to ease the conscience of the community and help the reelection bids of a local politician.

Afterwards, police actually found the 2nd CHILD PORN RING guy they wanted. Got him right after the time Danielle might have actually been killed, or dumped at Dehesa Rd.

Nice of them and the media to keep it quiet.

232 posted on 07/29/2002 2:21:14 PM PDT by UCANSEE2
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To: Jrabbit
These were the clothes found by Le on her bedroom floor. I think we can assume they were recently worn

That isn't a fair assumption in my house, that is all I am saying.

233 posted on 07/29/2002 2:21:55 PM PDT by VRWC_minion
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To: UCANSEE2
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?

I don't see any connection at this time.

VRWC_minion had a good question---any thoughts if DW was involved in the child-porn ring? He did have possession of child porn.

The police did look at the van Dam computers and found porn (Feldman's question that was sustained). But there has been no evidence whatsoever that Damon was involved in *child* porn.

234 posted on 07/29/2002 2:23:33 PM PDT by cyncooper
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To: VRWC_minion
Just curious oh numerical one? Have you EVER perused one of the VD trial transcripts? Just wondering, since you questions are so rudimentary, regarding the trial.......
235 posted on 07/29/2002 2:23:34 PM PDT by FresnoDA
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To: UCANSEE2
Possible connection to girl scouts ? Maybe one of her girl scout friends had older sister who was at pistol range ? These days the girls are changing car oil, teaching each other about health and exploring the scientific world, said local Cadet/Senior Girl Scout Troop 56 Leader Theresa DeSanto. She has noticed a gradual change toward more adventurous activities. "They can go white water rafting, rock climbing, rifle and pistol shooting, skiing and camping. As they get older more travel opportunities open up."
236 posted on 07/29/2002 2:23:44 PM PDT by VRWC_minion
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To: UCANSEE2
It's not unusual to look for ropes and chains when searching for a kidnapping victim is it???
237 posted on 07/29/2002 2:24:07 PM PDT by Freedom2specul8
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To: cyncooper
You are correct. I should have simply thanked you for clearing up the misunderstanding of demsux. Please accept my apology.
238 posted on 07/29/2002 2:25:31 PM PDT by connectthedots
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To: UCANSEE2
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?

In that one of them was arrested on February 27, it makes it less likely if thinking rationally. Unless as I speculated before, that one believes he has nothing to lose.

In any case we are assuming that Westerfield isn't part of ring.

239 posted on 07/29/2002 2:26:02 PM PDT by VRWC_minion
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To: UCANSEE2
Links to articles JJ posted about child porn ring.

http://www.freerepublic.com/focus/chat/722360/posts?page=140#140

http://www.freerepublic.com/focus/chat/722360/posts?page=141#141
240 posted on 07/29/2002 2:27:21 PM PDT by Freedom2specul8
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