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.
Yes it would make Duseks job much harder.
The blood that the prosecutor will claim is the girls was to my memory on the floor between the RV bedroom and the bathroom.
Dear Cyn. That is where you are mistaken.
I didn't ask that question. Then is what follows your closing statement?
I was assuming that you and others were attempting to say that because the arrest warrant was flawed he shouldn't have been charged with the crime. It was my guess that the process requires some checks and balances in the event someone were arrested with flaws.
I assumed that was what the preliminary hearing was all about so I went to the transcripts looking for the final say of the judge after hearing the case. I would think that any flaws in the original arrest would be mitigated by the process of the hearing and the presence of Westerfields attorney.
Its been done several times by abductors in my life time. Why not know ?
As to the goldilocks theory, not even goldilocks was bleeding and papa bear would have taken his coat.
Because she left more than "a couple of prints". She left blood and hair. A hair with a root was in the MH bathroom sink.
Also her hair in his house.
I take the fiber evidence seriously. The orange fibers are not a common type. She had one of those, plus the blue fibers. Some of the fibers (orange) were in his bed. All laundry had the orange and blue. Then the fibers in the MH and finally in the SUV. Her carpet fibers in the MH.
Recent haircut and no hair found of hers longer than before the haircut.
Finally DW's strange behavior and his collection of child porn.
Almost forgot the blood on the jacket.
What followed was an example of an intro to the opening statement.
I find it intriguing and worthy of pondering, but I don't buy it (at least at this point).
Don't know why, really. She left her in a store by herself to go get the boys. My guess would be shopping for new clothes, but I really don't know.
Still never heard any proof she was ever at the store.
Do you think dusek will divide his closing argument, 1/2 before feldman, 1/2 after feldman?
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